Loading...
HomeMy Public PortalAbout10-26-93 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER 26, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Vice Mayor Brody at 7 10 p m Present were Councilmembers Mortimer Fried, Michael Hill, Joe Rasco (arrived at 7 15 p m ), Betty Sime, Raymond Sullivan, and Vice Mayor Clifford Brody Mayor Rafael Conte was absent Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss 2 INVOCATION: Vice Mayor Brody requested a moment of silent prayer for Finance Director Jack Neustadt who was ill with a heart condition 3 PLEDGE OF ALLEGIANCE Vice Mayor Brody led the Pledge 4 APPROVAL OF MINUTES. The minutes of the meeting of October 12, 1993 were approved, as submitted, by unanimous consent 5 AGENDA: Councilman Sime requested the addition of discussion regarding the Council's decision on the Greco gas station as item 10-D-1 Councilman Sime also requested the addition of discussion regarding the criteria for Council funding of grants as item 10-D-2 Councilman Sullivan requested the addition of discussion regarding the live broadcast of Council meetings as item 10-D-3 There were no objections to the agenda changes Councilman Sime made an announcement that the Local Planning Agency has mailed a summary of the master plan to all residents Vice Mayor Brody requested to hear item 9-B at this time There were no objections to hearing the item out of order Hearing Number 93 -10 -VC -2 was read into the record Royal Biscayne Venture, the applicant, lying on the east side of Crandon Boulevard, between Heather Drive and Galen Drive, requested a modification of an approved D R I development order, resolution and recorded agreements as well as accompanying variances for this hotel/residential project Vice Mayor Brody opened the public hearing Carter McDowell, 100 Southeast 2 Street, Miami, representing the applicant, addressed the Council Page 1 of 9 October 26, 1993 After brief discussion, Councilman Sime made a motion to continue the hearing to November 16, 1993, at 7 00 p m , at the Key Biscayne Presbyterian Church, 160 Harbor Drive The motion was seconded by Councilman Fried and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes The clerk was instructed to publish a courtesy advertisement advising the public of the continuation of the public hearing 6 PUBLIC COMMENTS Following the Building and Zoning item, Vice Mayor Brody opened the floor for public comments Jackie Rose, 390 Caribbean Road, addressed the Council regarding real-estate sign regulations Vice Mayor Brody requested that staff review the sign ordinance regarding requirements of said signs Michele Padovan, 425 Grapetree Drive, addressed the Council regarding the Building, Zoning and Planning Department Ms Padovan also spoke in support of the Crandon Boulevard beautification project Emergency Services Director Michael Flaherty recognized Officer Cathy McElhaney for her certification as a D A R E program officer Chief Flaherty also introduced the following new officers Lanier Mance and Mark Middlebrook 7 SPECIAL PRESENTATION. Conchita Suarez, 201 Crandon Boulevard, briefly addressed the Council regarding a citizen holiday decoration project for Crandon Boulevard 8 ORDINANCES: Vice Mayor Brody read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE 1992-1993 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. Councilman Fried made a motion adopting the ordinance The motion was seconded by Councilman Sime Vice Mayor Brody opened the public hearing There were no speakers present The ordinance was adopted by a unanimous roll call vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes The vice mayor read the following ordinance, on second reading, by title Page 2 of 9 October 26, 1993 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROHIBITING THE OPERATION OF VESSELS IN DESIGNED AREAS; PROVIDING FOR DNFINITIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR PENALTIES, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Councilman Fried made a motion adopting the ordinance on second reading The motion was seconded by Councilman Rasco The vice mayor opened the public hearing Conchita Suarez, 201 Crandon Boulevard, addressed the Council Attorney Weiss requested an amendment to section 2 by adding "except as authorized by the Village Manager " Councilman Rasco made a motion to amend the ordinance as requested by the attorney The motion was seconded Councilman Sime and adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes Vice Mayor Brody made a motion adding "including sailboats" to section 1, sub -section d The Brody amendment was adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes The ordinance was adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes Vice Mayor Brody read the following ordinance, also on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING THE REGULATIONS BY WHICH THE VILLAGE SHALL REGULATE BASIC TIER RATES, AUTHORIZING THE FILING OF COMPLAINTS TS WITH THE FEDERAL COMMUNICATIONS COMMISSION FOR OTHER TIERS OF SERVICE; AUTHORIZING THE ENFORCEMENT OF FEDERAL CABLE TELEVISION CUSTOMER SERVICE OBLIGATION RULES WITHIN THE VILLAGE; ESTABLISHING RECOGNITION OF AND COMPLIANCE WITH ALL REGULATIONS CURRENTLY OR HEREAFTER ESTABLISHED BY THE FEDERAL COMMUNICATIONS COMMISSION; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Councilman Fried made a motion adopting the ordinance on second reading The motion was seconded by Councilman Rasco Vice Mayor Brody opened the public hearing There were no speakers present The motion was adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes Page 3 of 9 October 26, 1993 9 BUILDING AND ZONING: Hearing 93 -10 -VC -1 was read into the record Charles R Smith, the applicant, 280 Island Drive, requested approval of an over -height fence and encroachments into adjacent right-of-way Building, Zoning and Planning Director Robin Sobrino stated her recommendation for denial Vice Mayor Brody opened the public hearing Frank Palmer, 3455 Royal Palm Avenue, Miami Beach, representing the applicant, addressed the Council Harry Nelson, 251 Indian Trail, Coral Gables, also representing the applicant, further addressed the Council After brief discussion, Councilman Fried made a motion denying the variance and adopting staff's recommendation The motion was seconded by Councilman Sime and adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes 10 REPORTS AND RECOMMENDATIONS - Village Attorney Attorney Weiss advised the Council that the Calusa Park lease agreement has been scheduled for discussion at an upcoming county commission meeting The attorney also briefly discussed the lawsuit filed by Key Colony regarding the Village's stormwater utility ordinance Village Clerk The clerk did not submit a report Village Manager Manager Kissinger recognized the following individuals from the Dade County Public Schools system who made a presentation regarding the proposed school improvement program at Key Biscayne Elementary School Virginia Rosen, Assistant Superintendent, Erick Laventure, Design Coordinator, and David Johnson, the architect on the project The manager recognized Dr Dorothy Rider, principal of Key Biscayne Elementary School, who made a presentation to the Council regarding the curriculum program grant awarded to the school by the Council The following teachers from the school also addressed the Council Leonda Bussell, Elaine Levine and Sharon Lee In appreciation of the Council's grant, representatives of the school presented a plaque to the Council The manager and Village Engineer Carlos Penin discussed the basketball court improvement program at the elementary school Councilman Rasco made a motion authorizing the Village Manager to Page 4 of 9 October 26, 1993 receive bids on the project The motion was seconded by Councilman Fried and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes Manager Kissinger and John Peart, president of Universal Beach Service Corporation, discussed the beach vegetation plan Robert Barron, a consultant recommended by Mr Peart, addressed the Council regarding the project Michele Padovan, 425 Grapetree Drive, and Conchita Suarez, 201 Crandon Boulevard, spoke in support of the project The manager discussed the following studies requested by the Village Council in the goals and objectives adopted on June 29, 1993 sanitary sewer system expansion, refuse collection, Fernwood Road project, and Harbor Drive project After brief discussion, Councilman Sullivan made a motion to approve the refuse collection study The motion was seconded by Councilman Sime and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes There was extensive discussion regarding the Fernwood Road and Harbor Drive projects Bill Ofgant, 512 Fernwood Road, and Michele Padovan, 425 Grapetree Drive, addressed the Council The manager was directed to compile an extensive proposal regarding these projects Manager Kissinger briefly discussed bus shelters for Crandon Boulevard At the request of the manager, Councilman Sullivan made a motion to authorize the purchase and installation of roping and buoys at a cost not to exceed $10,000 00 The motion was seconded by Councilman Sime Emergency Services Director Flaherty addressed the Council on this item The motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes The manager briefly discussed the acquisition of the tree farm property Councilman Rasco requested that the Council schedule a workshop to discuss the purchase of said property Mayor -elect John Festa, 695 Harbor Lane, and Martha Broucek, 170 Ocean Lane Drive, addressed the Council Councilman Rasco made a motion to schedule a workshop The motion was seconded by Councilman Sullivan and adopted by a 4 - 2 roll call vote The vote was as follows Councilmembers Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes Councilmembers Fried and Hill voted No Page 5 of 9 October 26, 1993 The manager gave an update on the Village's beautification program Manager Kissinger and Village Engineer Penin discussed the Coastal Construction Control Line map project The manager gave an update on several grant requests by the Village The manager also gave an update on the stormwater utility construction program The manager informed the Council that the county has begun striping Village streets Manager Kissinger briefed the Council on the Calusa Park tennis court replacement Attorney Weiss stated that officials from Claytech have agreed to reimburse the Village for the cost of replacing said court The manager submitted the following informational reports for the Council's review a letter from Sylvia Lowman, commending the Village on the street tree program, dated October 9, 1993, a letter from Deborah F Higer, Metro -Dade Solid Waste Management Department, regarding a special assessment district, dated October 13, 1993, a memorandum from Michael Guido, United States Conference of Mayors, regarding cable television, dated October 15, 1993, and a letter from Daniel Cazzaniga, commending the Village on the newsletter, dated October 15, 1993 Mayor and Councilmembers Councilman Sime requested clarification from staff regarding the decision of the Council on the Greco gas station zoning hearing Building, Zoning and Planning Director Sobrino summarized the decision of the Council on that matter Councilman Sime discussed the establishment of criteria for determining how to fund requests for grants from the Council The Council directed the manager to prepare a policy addressing this matter Councilman Sullivan discussed the possibility of having the Council meetings televised live The manager was directed to research the issue 11 RESOLUTIONS Vice Mayor Brody read the following resolution by title Page 6 of 9 October 26, 1993 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO ACUTE THE ATTACHED AGRKEMENT ON BEHALF OF THE VILLAGE WITH METRO-DADE COUNTY, FLORIDA FOR MAINTENANCE OF THE CRANDON BOULEVARD MEDIAN; PROVIDING FOR AN rarr•ECTIVE DATE Councilman Fried made a motion to adopt the resolution The motion was seconded by Councilman Sime and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes The vice mayor read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHE)AGREEMENT' ON BEHALF OF THE VILLAGE TO PURCHASE THE TREE FARM PROPERTY; PROVIDING FOR AN r yr t:CrIVE DATE Councilman Sime made a motion to table the resolution The motion was seconded by Councilman Rasco and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes The vice mayor read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING APPRECIATION TO CHIEF C.A. GIMENEZ AND THE CITY OF MIAMI FIRE RESCUE DEPARTMENT FOR ASSISTANCE IN THE ESTABLISHMENT OF THE VILLAGE'S FIRE RESCUE DEPARTMENT, PROVIDING FOR AN EFFECTIVE DATE. Councilman Rasco made a motion to adopt the resolution The motion was seconded by Councilman Sime and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes Vice Mayor Brody read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING SPECIFIED PERSONS TO EXECUTE CHECKS; REPEALING PRIOR AUTHORIZATION TO EXECUTE CHECKS; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fried made a motion to adopt the resolution The motion was seconded by Vice Mayor Brody and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes Page 7 of 9 October 26, 1993 The vice mayor read the following resolution by title A RESOLUTION OF THE VILLAGE OF MY BISCAYNE, FLORIDA; ESTABLISHING AN INTERIM POLICY ON SETBACK AND LOT COVERAGE REQUIREMENTS FOR EXTERIOR STEPS, SLABS AND DECKS; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Weiss discussed the resolution Mayor -elect John Festa, 695 Harbor Lane, and Martha Broucek, 170 Ocean Lane Drive, addressed the Council Councilman Rasco made a motion to adopt the resolution The motion was seconded by Councilman Sime Councilman Sime made a motion to amend the resolution by providing for an "accessory building setback " The Sime motion was seconded by Councilman Sullivan and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes The resolution was adopted by a 5 - 1 roll call vote The vote was as follows Councilmembers Fried, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes Councilman Hill voted No Vice Mayor Brody read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; OPPOSING PROPOSED METRO-DADE COtAJ]TY ORDINANCE RELATING TO NON-PUBLIC EDUCATIONAL AND CHILD CARE FACILITIES, WHICH WOULD IMPOSE UNIFORM ZONING STANDARDS AND PROHIBIT MUNICIPAL STANDARDS IN CONFLICT WITH OR IN ADDITION TO DADE COUNTY UNIFORM STANDARDS; PROVIDING FOR AN EFFECTIVE DATE. At the manager's request, the resolution was presented to the Council for discussion only 12 COMMITTEES: There were no committee reports submitted to the Council 13 OTHER BUSINESS/GENERAL DISCUSSION: Vice Mayor Brody recognized Councilman Hill for his time and commitment to the Village and Council in the past two years 14 SCHEDULE OF FUTURE M rINGS/EVENTS • A schedule of upcoming meetings and events was presented to the Council and public Page 8 of 9 October 26, 1993 15 : The meeting was adjourned at 11 30 p m Approved this day of Kjc Village Clerk Mayor , 1993 IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY TIN VILLAGE COUNCIL WITH RESPECT TO ANY MAtriAte CONSIDERED AT A MESTING OR THAT PERSON WILL .NEED A RECORD OF TEE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED Page 9 of 9