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HomeMy Public PortalAbout11-09-93 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, NOVEMBER 9, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Festa at 7 00 p m Present were Councilmembers Mortimer Fried, Raul Llorente, Joe Rasco (arrived at 7 05 p m ), Betty Sime, Raymond Sullivan, John Waid, and Mayor John Festa Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss 2 INVOCATION: Monsignor William F McKeever, of St Agnes Catholic Church, gave an invocation 3 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge 4 APPROVAL OF MINUTES Councilman Fried made a motion adopting the minutes of the October 26, 1993 meeting as submitted The motion was seconded by Councilman Sullivan and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Llorente, Rasco, Sime, Sullivan, Waid, and Mayor Festa voting Yes 5 AGENDA. Councilman Sime requested the addition of a video tape presentation by the Florida Department of Transportation Councilman Sime also requested the discussion of a date for the first hearing of the Master Plan Councilman Rasco requested the addition of discussion regarding the Building, Zoning and Planning Department Mayor Festa requested to hear Item 9, Resolutions, following the Building and Zoning items There were no objections to the agenda changes 6 ORDINANCES. The clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ORDINANCE NO 93 - 6 CHANGING THE NAME OF THE COMMUNITY DEVELOPMENT DEPARTMENT TO BUILDING, ZONING AND PLANNING DEPARTMENT; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN r r•K CrIVE DATE Page 1 of 9 November 9, 1993 Councilman Sullivan made a motion to adopt the ordinance on first reading The motion was seconded by Councilman Sime and adopted by a unanimous roll call vote The vote was as follows Councilmembers Fried, Llorente, Rasco, Sime, Sullivan, Waid, and Mayor Festa voting Yes The clerk announced that the second reading will be held on November 23, 1993 At this time, Mayor Festa recognized former Mayor Rafael Conte who thanked the citizens of Key Biscayne for their support in the past few years and offered his best wishes to the Village Council Mayor Festa also recognized former Councilman Michael Hill who was also present at the meeting 7 BUILDING AND ZONING. HEARING NUMBER 93 -SA-2 The applicant, Governor's Lodge, 300 Sunrise Drive, requested approval of development identification sign for a multi -family residential project pursuant to Section 6 of Ordinance No 93-4 Building, Zoning and Planning Director Robin Sobrino stated her recommendation for approval Jerome Filer, 7438 Southwest 48 Street, Miami, representing the applicant, addressed the Council Mayor Festa opened the public hearing There were no speakers present Councilman Sullivan made a motion adopting staff's recommendation for approval The motion was seconded by Councilman Fried and adopted by a unanimous roll call vote The vote was as follows Councilmembers Fried, Llorente, Rasco, Sime, Sullivan, Waid, and Mayor Festa voting Yes Councilman Rasco requested that staff review the current procedure for approval of development identification signs and make a recommendation to the Council at a future meeting HEARING NUMBER 93 -SA -3 The applicant, Coral Reef Apartment, 303 Galen Drive, requested approval of a development identification sign for a multi -family residential project pursuant to Section 6 of the Ordinance No 93-4 Director Sobrino stated her recommendation for approval Mr Filer, representing the applicant, addressed the Council Mayor Festa opened the public hearing There were no speakers present After brief discussion, Councilman Fried made a motion adopting staff's recommendation The motion was seconded by Councilman Rasco and adopted by a unanimous roll call vote The vote was as follows Councilmembers Fried, Llorente, Rasco, Sime, Sullivan, Waid, and Mayor Festa voting Yes Page 2 of 9 November 9, 1993 HEARING NUMBER 93-11-AAD-1 The applicant, Michael Smithies, 365 Gulf Road, requested an appeal of an administrative decision of the Director, claiming that the Director erred by not issuing a paving permit to allow the installation of brick pavers for an existing driveway Director Sobrino stated her recommendation for denial of the request Michael Smithies, 365 Gulf Road, requested deferral of the item Camille Guething, 260 Seaview Drive, spoke in support of the application After brief discussion, Councilman Rasco made a motion to defer the item to the April 12, 1994 Council meeting The motion was seconded by Councilman Waid and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Llorente, Rasco, Sime, Sullivan, Waid, and Mayor Festa voting Yes HEARING NUMBER 93 -11 -VC -1 Marlene P and Percy A Elbrecht, 687 Woodcrest Road, the applicants, requested a non-use variance of setback requirements and a non-use variance of lot coverage Director Sabrina stated her recommendation for approval After brief discussion, Councilman Fried made a motion adopting staff's recommendation The motion was seconded by Councilman Sime and adopted by a unanimous roll call vote The vote was as follows Councilmembers Fried, Llorente, Rasco, Sime, Sullivan, Waid, and Mayor Festa voting Yes At this time, Item 9, Resolutions, were heard out of order The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING SUPPORT OF DADE COUNTY'S PROPOSED WEST WELLFIELD PROJECT, URGING APPROVAL OF PHASE I OF THE WEST WELLFIELD PROJECT BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT GOVERNING BOARD; PROVIDING FOR AN taI rtaCTIVE DATE. Councilman Rasco made a motion adopting the resolution The motion was seconded by Councilman Fried and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Llorente, Rasco, Sime, Sullivan, Waid, and Mayor Festa voting Yes The clerk read the following resolution by title Page 3 of 9 November 9, 1993 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING ITS DESIRE TO ACHIEVE SAFE PEDESTRIAN AND BICYCLE CIRCULATION WITHIN THE VILLAGE; AUTHORIZING THE MAYOR TO APPLY FOR FUNDS FROM THE DADE COUN'T'Y METROPOLITAN PLANNING ORGANIZATION (MPO) FOR A STUDY TO ACCOMPLISH SAME, PROVIDING FOR AN r.:rrE'CTIVE DATE. Bill Ofgant, 512 Fernwood Road, and Servando Parapar, of the Florida Department of Transportation, addressed the Council Councilman Fried made a motion adopting the resolution The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Llorente, Rasco, Sime, Sullivan, Wald, and Mayor Festa voting Yes Clerk Inguanzo read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH C. G. REBOZO AND PRECISION VALVE CORP. FOR THE PURCHASE OF THOSE CERTAIN PARC mq OF REAL PROPERTY LOCATED IN KEY BISCAYNE, DADE COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN S "A" ATTACHED TO AND MADE PART OF THE ; AND PROVIDING FOR AN EFFECTIVE DATE. Manager Kissinger made a brief presentation The manager also announced the possibility of the Village receiving twenty acres from a potential developer of the current V M S property Attorney Weiss discussed the proposed contract with Mr Rebozo and Precision Vale Corporation The following citizens addressed the Council Eric Nesse, 750 Ocean Drive, representing Key Biscayne Hotel and Villas, regarding the manager's comments, James Brewster, 500 North Mashta Drive, in support, Martha Broucek, 170 Ocean Lane Drive, in support, Gerald Broucek, 170 Ocean Lane Drive, in support, Nancy Doke Harrison, 170 Ocean Lane Drive, in support, Conchita Suarez, 201 Crandon Boulevard, in support, Camille Guething, 260 Seaview Drive, in support of a general obligation bond vote, Deborah Neve, 180 Harbor Drive, in support, Steve Simon, 335 Harbor Lane, in support, Michelle Padovan, 425 Grapetree Drive, in support Page 4 of 9 November 9, 1993 After brief discussion, Councilman Sullivan made a motion adopting the resolution The motion was seconded by Councilman Sime There was further discussion regarding adoption of the resolution Mayor Festa offered an amendment to the contract that, if a voter referendum is required by the Council, the effective date of the contract shall commence upon approval of the voters If the referendum fails, the Council will have an additional ten days from that date to determine alternate financing of the property The Festa amendment was seconded by Councilman Waid and adopted by a 4 - 3 roll call vote The vote was as follows Councilmembers Fried, Sime, Waid and Mayor Festa voting Yes Councilmembers Llorente, Rasco, and Sullivan voted No Attorney Weiss indicated that, if the amended contract is not accepted by the other party, a special Council meeting should be called to address the matter After further discussion, Councilman Sime made a motion to reconsider the Festa amendment The motion was seconded by Councilman Rasco and adopted on a 5 - 2 roll call vote The vote was as follows Councilmembers Fried, Llorente, Rasco, Sime, and Sullivan voting Yes Councilman Waid and Mayor Festa voted No Upon a further poll of the members, the Festa Amendment failed on a 2 - 5 vote The vote was as follows Councilman Waid and Mayor Festa voting Yes Councilmembers Fried, Llorente, Rasco, Sime, and Sullivan voted No The Sullivan motion adopting the resolution in its substantial form was adopted by a 6 - 1 roll call vote The vote was as follows Councilmembers Fried, Llorente, Rasco, Sime, Sullivan, and Mayor Festa voting Yes Councilman Waid voted No The Council instructed the manager to schedule a special meeting as soon as possible to discuss the financing of the contract The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED AGREEMENT NT ON BEHALF OF THE VILLAGE WITH COASTAL MANAGEMENT AND CONSULTING, DEL RAY BEACH, FLORIDA FOR DUNE MANAGEMENT CONSULTANT SERVICES; PROVIDING FOR AN raer t:CTIVE DATE Page 5 of 9 November 9, 1993 The manager made a brief presentation regarding the agreement Conchita Suarez, 201 Crandon Boulevard, spoke in support of the resolution Councilman Rasco made a motion adopting the resolution The motion was seconded by Councilman Sime and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Llorente, Rasco, Sime, Sullivan, Waid, and Mayor Festa voting Yes Clerk Inguanzo read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY' BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH BARTON-ASCN N ASSOCIATES, INC. FOR CONSULTING SERVICES FOR CRANDON BOULEVARD TRAFFIC OPERATION IMPROVEMENT; PROVIDING FOR AN EFFECTIVE DATE. The manager briefly discussed the proposal outlined in the agreement Bill Ofgant, 512 Fernwood Road, spoke in opposition to the resolution Servando Parapar, of the Florida Department of Transportation, also addressed the Council Sergio Mendoza, 761 Ridgewood Road, inquired about the purpose of the resolution After further discussion, Councilman Fried made a motion adopting the resolution The motion was seconded by Councilman Waid After further discussion, Councilman Rasco made a motion to postpone the resolution to the meeting of November 23, 1993 The motion was seconded by Councilman Fried and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Llorente, Rasco, Sime, Sullivan, Waid, and Mayor Festa voting Yes At this time, Servando Parapar, of the state Department of Transportation, made a presentation to the Council regarding transportation needs A video tape showing of "On the Road Again" was a part of Mr Parapar's presentation 8 REPORTS AND RECOMMENDATIONS The following reports were submitted to the Council VILLAGE ATTORNEY Attorney Weiss briefly reported on the Key Colony/Stormwater Ordinance lawsuit and the Calusa Park lease agreement The attorney also requested a date for an executive session to discuss settlement of the Seaquarium lawsuit The Council concurred to meet in an executive session on November 16, 1993 at 5 00 p m Page 6 of 9 November 9, 1993 VILLAGE CLERK The clerk announced that, pursuant to the Village Charter, a vice mayor shall be elected by the Council at this time Mayor Festa nominated Councilman Rasco By unanimous consent, Councilman Rasco was elected Vice Mayor Clerk Inguanzo submitted, for the Council's review, the certification of the November 2, 1993 regular election results Councilman Sullivan recommended that a proclamation be awarded to Clifford Brody, Rafael Conte and Michael Hill for their service as former members of the Village Council VILLAGE MANAGER The manager recognized Village Engineer Carlos Penin who made a brief presentation regarding the Key Biscayne Elementary School improvement program The manager also announced that a lease agreement has been signed with the school board, effective January 1, 1994, for maintenance of the school fields Manager Kissinger informed the Council that the Refuse Collection Study contract has been executed with the Village Engineer The manager requested that, in his absence, and in the absence of Finance Director Jack Neustadt, Police Chief Michael Flaherty be appointed to serve as acting manager There was no action taken by the Council on this item The manager briefly discussed the street marking and street sign program underway by the county The manager was directed to report to the Council, in the future, prior to the placement of "no parking" signs The manager recognized Recreation Director Laurie Tessler who informed the Council that the resurfacing of the Calusa Park tennis court will begin tomorrow The manager presented to the Council his proposed application for grant funding from municipal monies A decision on this item was deferred to a future date The manager requested approval of a bid for photography related items, for production of a brochure promoting Key Biscayne, at a cost not to exceed $14,000 00 The item is part of a matching grant awarded to the Village by the Greater Miami Convention and Visitors Bureau It was the consent of the Council that local businesses be encouraged to contribute the matching monies required by the grant in order to proceed with the project Page 7 of 9 November 9, 1993 The manager gave an update on the "Mickey's Worldwide Kids Party " The manager also gave an update on the Hazardous Mitigation, Economic Development Administration and other pending grant applications At the request of the manager, Building, Zoning and Planning Director Sobrino gave an update on the computerization of the department The manager also reported that Director Sobrino has tendered her resignation Manager Kissinger gave an update on the following beautification programs Crandon Boulevard, Street Tree Planting, Re -sodding, and Neighborhood Public Landscaping Bill Ofgant, 512 Fernwood Road, spoke in opposition to the Neighborhood Public Landscaping program The manager presented the December meeting schedule It was the consent of the Council to cancel the December 28, 1993 meeting At this time, Councilman Sime requested that a special meeting be called for December 7, 1993 to hold the first public hearing on the Master Plan There were no objections to the special meeting on December 7th The manager submitted, for the Council's review, the following informational reports The monthly departmental reports, the monthly financial statement, a letter from Debbie Higer, Chief of Service Development for Metro -Dade County's Solid Waste Division, regarding a recycling ordinance, dated June 8, 1993, a letter from William O'Leary, the Village's Landscape Architect, regarding the removal of existing trees, dated October 25, 1993, a letter from William O'Leary, regarding the street tree planting program, dated November 1, 1993, a letter from Joaquin Avino, Metro -Dade County Manager, regarding five cent capital improvement local option gas tax, dated November 1, 1993, and an article from AAA World, regarding Florida's top beaches, dated November/December 1993 MAYOR AND COUNCILMEMBERS Councilman Sullivan discussed the establishment of a citizens committee The Council agreed to further study the issue Councilman Llorente, with the consent of the Council, appointed Patricia Romano to serve on the Zoning Code Review Committee Page 8 of 9 November 9, 1993 Councilman Rasco requested that a task force be appointed to analyze the Building, Zoning and Planning Department and make recommendations for improvements Councilman Fried made a motion appointing Councilman Llorente to serve on such a task force The motion was seconded by Councilman Rasco and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Wald, Vice Mayor Rasco, and Mayor Festa voting Yes 10 COMMITTEES There were no committee reports submitted to the Council 11 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed by the Council 12 SCHEDULE OF FUTURE MEETINGS/EVENTS meetings an events was presented to the A schedule of future Council and public 13 ADJOURNMENT The meeting was adjourned at 11 50 p m Approved this 2 3`ci day of klcAs-Q-Y&-Q--c , 1993 l . Village Clerk Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY ME VILLAGE COUNCIL WITH RESPECT TO ANY MAI �;[t CONSIDERED AT A MEEITNG OR THAT PERSON WILL .NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY 1VEED TO IIVSURE THAT A VERBATIM RECORD OF ME PROCEEDINGS IS MADE, WHICH RECORD INCLUDES TTY TESTIMONY AND EVIDENCE UPON WHICH ME APPEAL IS TO BE BASED Page 9 of 9