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HomeMy Public PortalAbout02-08-05 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 8, 2005 COUNCIL CHAMBER 560 CRANDON BOULEVARD 1 CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by the Mayor at 7 00 p m Present were Councilmembers Enrique Garcia, Steve Liedman, Jorge E Mendia, Thomas Thornton, Patncia Weinman, Vice Mayor Robert L Vernon and Mayor Robert Oldakowski Also present were Village Manager Jacqueline R Menendez, Village Clerk Conchita H Alvarez and Village Attorney Stephen P Helfman 2 INVOCATION Reverend Bud Schroeder, Key Biscayne Community Church gave an invocation 3 PLEDGE OF ALLEGIANCE Ms Julie Alvarez led the Pledge of Allegiance 4 SPECIAL PRESENTATIONS There were no special presentations 5 PUBLIC COMMENTS The following resident addressed the Council Michele Estevez, 800 Crandon Boulevard 6 AGENDA Vice Mayor Vernon requested the addition of a bnef update regarding Beach Concessions as Item 11D3 There was no objection to the agenda change 1 of 7 February 8 2005 7 APPROVAL OF MINUTES Vice Mayor Vernon made a motion to approve the minutes of the January 18, 2005 Sanitary Sewer Workshop The motion was seconded by Councilmember Mendia and approved by a 7-0 voice vote The vote was as follows Councilmembers Garcia, Liedman, Mendia, Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting Yes Councilmember Liedman made a motion to approve the minutes of the January 18, 2005 Zoning Meeting The motion was seconded by Councilmember Garcia and approved by a 7-0 voice vote The vote was as follows Councilmembers Garcia, Liedman, Mendia, Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting Yes 8 RESOLUTIONS The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING AND APPROVING AGREEMENT FOR COLLECTION, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE BETWEEN THE VILLAGE OF KEY BISCAYNE AND WASTE MANAGEMENT INC OF FLORIDA, AUTHORIZING VILLAGE MANAGER TO EXECUTE THE AGREEMENT, AUTHORIZING IMPLEMENTATION OF THE AGREEMENT, PROVIDING FOR AN EFFECTIVE DATE The Manager, Attorney and Public Works Director, Armando Nunez addressed the Council regarding this resolution Councilmember Liedman made a motion to approve the resolution The motion was seconded by Councilmember Mendia Mr Alex Gonzalez with Waste Management Inc , Director of Government Affairs addressed the Council regarding the agreement Ward Rathbone, 275 West Mashta Dnve addressed the Council The resolution was approved by a 7-0 voice vote The vote was as follows Councilmembers Garcia, Liedman, Mendia, Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting Yes The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, REVISING SERVICE FEES FOR THE COLLECTION OF SOLID WASTE AND THE PROVIDING OF RECYCLING SERVICES, AMENDING FEES PROVIDED BY RESOLUTION NO 99-81, REPEALING RESOLUTION NO 99-81, AND PROVIDING FOR EFFECTIVE DATE 2of7 February 8 2005 The Manager addressed the Council regarding this resolution Councilmember Liedman made a motion to approve the resolution The motion was seconded by Councilmember Thornton and approved by a 7-0 voice vote The vote was as follows Councilmembers Garcia, Liedman, Mendia, Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting Yes The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO APPROVE A WORK AUTHORIZATION WITH POST BUCKLEY SCHUH AND JERNIGAN, INC ("PBSJ"), PROVIDING FOR PBSJ TO RESURVEY SEWER PROJECT AREA, ADJUST PREVIOUS DESIGN OF PROPOSED SANITARY SEWER IMPROVEMENTS, PREPARE DESIGN FOR WATER LINE IMPROVEMENTS, AND PREPARE COST ESTIMATE FOR POTENTIAL WATER AND SEWER IMPROVEMENT PROJECT OF THE VILLAGE, PROVIDING FOR IMPLEMENTATION OF ENGINEERING WORK AUTHORIZED BY THIS RESOLUTION, AND PROVIDING FOR AN EFFECTIVE DATE The Manager and Director Nunez addressed the Council regarding this resolution Councilmember Mendia made a motion to approve the resolution The motion was seconded by Councilmember Weinman Patncia Carney with PBS&J addressed the Council regarding this resolution The resolution was approved by a 7-0 voice vote The vote was as follows Councilmembers Garcia, Liedman, Mendia, Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting Yes 9 ORDINANCES There were no ordinances considered by Council The Mayor requested a bnef recess at 7 40 p m The meeting was reconvened at 7 46 p m 10 BUILDING, ZONING AND PLANNING All witnesses giving testimony in the public heanng were sworn in by the Clerk Mayor Oldakowski, Vice Mayor Vernon and Councilmember Liedman will abstain from voting in this heanng due to a conflict of interest The Attorney addressed the Council regarding the procedure for this hearing 3of7 February 8 2005 It was the consensus of the remaining Council to appoint Councilmember Mendia as Chairman for this heanng Heanng Number DRI-01 GB/JT Hotel Partners, L P , 455 Grand Bay Dnve, the applicant is notifying of a proposed change ("NOPC")to a previously approved Development of Regional Impact ("DRI") for the purpose of extending the build -out date under the DRI The applicant intends to construct a ballroom, related facilities and a 184 space parking garage Director Kurlancheek addressed the Council stating his recommendation of approval of the extension be granted subject to the following conditions (1) The Property shall be developed substantially in accordance with the proposed amended site plan entitled "Ballroom Addition Ritz -Carlton Hotel" as prepared by Nichols Brosch Sandoval and Associates, Inc and Hall Bell Aqui, Inc , consisting of 14 sheets, on Sheets A-0, A-1, A-2, A-3, A-4, A-5, A-6, L-1, L-2, L-3, L-4 and Tract "A" Map on sheets 1 of 3, 2 of 3 and 3 of 3, (2) The Village Zoning and Land Development Regulations ("Zoning Regulations") must be amended to allow for the development of the Property substantially in accordance with the Proposed Site Plan Approval of the extension shall only become effective upon the final amendment of the Zoning Regulations allowing for the development of the Property in accordance with the Proposed Site Plan, (3) The granting of the extension of time shall not be deemed in any manner as a modification of the Zoning Regulations which may be necessary for the development of the Property in accordance with the Proposed Site Plan, nor shall the approval act as an estoppel against the Village Council in taking any action in connection with any modification of the Zoning Regulations including the imposition of conditions upon the approval of the Proposed Site Plan, (4) The Amended and Restated Declaration of Restnctive Covenants in Lieu of Unity of Title and Monetary Contnbutions, recorded in Official Record Book 16262 at Pages 3444-3457 must be amended for the purpose of conforming to the Proposed Site Plan, (5) The DRI amended pursuant to Resolution No Z-23-93 currently provides for an additional 173 units to be constructed on the site These units shall be removed from the DRI, Site Plan and Proposed Site Plan and cannot be transferred to any other property, (6) The owners shall contnbute $334,547 00 (see attached estimate from 3CTS, Inc) to the Village, which represents the Village's estimated costs for construction of the improvements as set forth in the Crandon Boulevard Master Plan from Grand Bay Drive to East Heather These funds shall be received by the Village prior to the issuance of a building permit Said funds are to off -set the cost of improvements necessitated by the traffic impacts of the additional development activity, (7) Events involving pnmanly non -hotel guests ("Social Events") shall be limited to a maximum of 500 guests at any one time The two ballrooms shown on the Proposed Site Plan shall not be used simultaneously for Social Events and there shall be a two-hour time differential between consecutive Social Events Weekday Social Events shall begin no later than 7 00 p m, (8) Construction hours shall be limited to between 8 00 a m and 5 00 p m Monday through Fnday and construction on Saturday is limited to activities that occur inside the building at such time when the air conditioning system is functioning, (9) Vehicles owned by construction workers shall only be parked on the hotel tract or outside the Village limits and (10) An annual report shall be submitted to the Building, Zoning, and Planning Director which sets for 4of7 February 8 2005 the name, type of function, date, the start and finish times, and number of attendees for each event that was held in each ballroom The report shall also include if the event was a "social" function or whether it was held for guests who resided in the hotel The report shall be signed by the Hotel Manager and the owners of the hotel certifying to its accuracy The report shall be on Apnl 1 of each year Ramon Castella with 3CTS, Traffic Engineenng Consultant addressed the Council John Shubin, Shubin & Bass, Miami, Attorney for the applicant, Cathy Sweetapple, Traffic Engineenng for the applicant, John Nichols, Architect for the applicant addressed the Council The Chairman opened the public heanng Juan Gutierrez, 550 Ocean Dnve, Manfred S Kaminsky, representing the Blue Pelican Condo Association, 300 Galen Dnve, Lawrence Garfield, 550 Ocean Dnve, Oscar E Guerra, 550 Ocean Dnve, Kathy Susnjer, representing the Key Biscayne Chamber of Commerce, Gene Stearns, 180 Cape Flonda Dnve, Julie S Alvarez, 150 Sunrise Dnve, Enc S Czerniejewski, Plantation, Charlie Papy III, Miami, representing Grand Bay Homeowners Association Towers One I and Two, Sheldon Lowe, 445 Grand Bay Drive, Michael Kahn, 881 Ocean Dnve, Mike Steffens, 615 Ocean Dnve, Rosa de la Camara, 550 Ocean Dnve, Meg Holderman, 225 Cranwood Dnve, Martha Broucek, 170 Ocean Lane Dnve, Liana Rivas, 430 Grand Bay Dnve, Victona London, 641 S Mashta Dnve, Michele Estevez, 800 Crandon Boulevard, Florence Ferre, 609 Ocean Drive, David Maichack, 590 Ocean Dnve, Donald Lefton, Ritz Carlton owner and Sherwood Weiser, Ritz Carlton owner addressed the Council Also, about 70 residents, who did not wish to speak, registered with the Clerk opposing this request The Chairman closed the public heanng The Attorney addressed the Council regarding this heanng Councilmember Mendia made a motion finding that this extension does not create a substantial deviation for further development of regional impact review The motion was seconded by Councilmember Thornton and failed by a 2-2 roll call vote Councilmembers Mendia and Thornton voting Yes Councilmembers Garcia and Weinman voting No 11 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers The Mayor addressed the Council regarding the appointment of a new voting member to the Community Center Advisory Board The Mayor, with the consensus of Council, would like to appoint Ms Donna Rice to this Board 5of7 February 8 2005 Vice Mayor Vernon made a motion to appoint Ms Donna Rice to the Community Center Advisory Board The motion was seconded by Councilmember Garcia and approved by a 7-0 voice vote The vote was as follows Councilmembers Garcia, Liedman, Mendia, Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting Yes The Mayor also addressed the Council regarding the appointment of a new voting member to the Art in Public Places Board The Mayor, with the consensus of Council, would like to appoint Ms Dianne Moss to this Board Councilmember Liedman made a motion to appoint Ms Dianne Moss to the Art in Public Places Board The motion was seconded by Councilmember Mendia and approved by a 7-0 voice vote The vote was as follows Councilmembers Garcia, Liedman, Mendia, Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting Yes Councilmember Liedman addressed the Council regarding the current election system term and term limits for Mayor and Councilmembers It was the consensus of Council to direct staff to draft language for a Charter amendment regarding staggered terms and length of terms for Councilmembers Vice Mayor Vernon made a motion to extend the meeting to 11 15 p m The motion was seconded by Councilmember Mendia and approved by a 7-0 voice vote The vote was as follows Councilmembers Garcia, Liedman, Mendia, Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting Yes Village Attorney The Attorney did not submit a report Village Clerk The Clerk addressed the Council regarding the State of the Village/Volunteer Appreciation Ceremony, proposing Thursday, Apnl 21, 2005 There was no objection to the proposed date Village Manager The Manager presented to the Council a report by Ballard and King on the operation of the Community Center The Manager addressed the Council requesting authonzation from Council for Boards to apply for grants from the Community Center Foundation It was the consensus of Council to authonze Boards to apply for grants from the Community Center Foundation 6of7 February 8 2005 The Manager addressed the Council reporting that the Beach Concessions item will be brought before the Council in March Director Kurlancheek addressed the Council inviting the Council and the public to attend a public meeting to identify and discuss issues to be addressed in the Key Biscayne Master Plan Evaluation and Appraisal Report (EAR) on Thursday, February 24, 2005 at 7 00 p m 12 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 13 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council 14 ADJOURNMENT The meeting was adjourned at 11 10 p m Res ' - c ' ully submitted ita H Alvarez, CMC Village Clerk Approved this 22nd day of February , 2005 /60cd,r,t,ce,L, Robert Oldakowski Mayor IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE 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 7 of 7 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME-411DDLE NAME VT L Cs'alo�l r ���--//���" MD . D6.6"z P 02.EL/4"66- fiF_BOARD AUTHORITY 0B,COMMITTEE THE BOARD COUNCIL COMMISSION AUTHOR! OR COMMITTEE ON WHICH I SERVE IS A UNIT OF CI � 7-1/"Om .. •-\ .����CITY ❑COUNTY inv DATE ON WHICH VOTE OCCURRED 6213 cpcie).5 NAME OF POLITICAL SUBDIVISION ❑ OTHER LOCAL AGENCY MY POSITION IS ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county city or other local level of government on an appointed or elected board council commission authonty or committee It applies equally to members of advisory and non advisory bodies who are presented with a voting conflict of Interest under Section 112 3143 Florida Statutes Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position For this reason please pay close attention to the instructions on this form before completing the reverse side and filing the form INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112 3143, FLORIDA STATUTES A person holding elective or appointive county municipal or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or Toss Each elected or appointed local officer also is prohibited from knowingly voting on a mea sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained) to the special private gain or loss of a relative or to the special private gain or loss of a business associate Commissioners of community redevelopment agencies under Sec 163 356 or 163 357 F S and officers of independent special tax districts elected on a one acre one vote basis are not prohibited from voting in that capacity For purposes of this law a relative includes only the officer's father mother son daughter husband wife brother sister father in law mother in law son in law and daughter in law A business associate means any person or entity engaged in or carrying on a business enterprise with the officer as a partner joint venturer coowner of property or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange) * * * * * * * * * * ELECTED OFFICERS In addition to abstaining from voting in the situations described above you must disclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min utes of the meeting who should incorporate the form in the minutes * * * * * * APPOINTED OFFICERS Although you must abstain from voting in the situations described above you otherwise may participate in these matters However you must disclose the nature of the conflict before making any attempt to influence the decision whether orally or in writing and whether made by you or at your direction IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting who will incorporate the form in the minutes (Continued on other side) CE FORM 8B EFF 1/2000 PAGE 1 APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency The form must be read publicly at the next meeting after the form is filed IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING You must disclose orally the nature of your conflict in the measure before participating You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting who must incorporate the form in the minutes A copy of the form must be provided immediately to the other members of the agency and the form must be read publicly at the next meeting after the form is filed DISCLOSURE OF LOCAL OFFICER'S INTEREST 1 724el rr VCrzita r -L hereby disclose that on z./ 8 2005 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss inured to the special gain or loss of my business associate inured to the special gain or loss of my relative inured to the special gain or loss of by whom I am retained or inured to the special gain or loss of which is the parent organization or subsidiary of a pnncipal which has retained me (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows My) Fotah2, AIol-14►2 ;' S /srGp2 R.,s ,2,6T - ON ?Li(. Adfi4C0eAT °P/b? effrt-T7i. 2. / i al Ai c--. Date Filed Signature NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §112 317 A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING IMPEACHMENT REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT DEMOTION REDUCTION IN SALARY REPRIMAND OR A CIVIL PENALTY NOT TO EXCEED $10 000 CE FORM 8B EFF 1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -MIDDLE A NAME , fL/' r NAME 9F1BOARD COUNCIL COMMISSION OR COMMITTEE MAILING ADDRESS gg- vV /l G-Th ' lfe 5± THE/VBOOARD COUNCILCO COMMISSION AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF CITY ID COUNTY CI OTHER LOCAL AGENCY CITY 6h S c w[ COUNTY i?/1il< "NAME < eat._D OF POLITICAL SUBDIVISION ON WHIC VOTE Ora D / �� ©J /' MY POSITION IS 9/ ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county city or other local level of government on an appointed or elected board council commission authority or committee It applies equally to members of advisory and non advisory bodies who are presented with a voting conflict of interest under Section 112 3143 Florida Statutes Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position For this reason please pay close attention to the instructions on this form before completing the reverse side and filing the form INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112 3143, FLORIDA STATUTES A person holding elective or appointive county municipal or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or Toss Each elected or appointed local officer also is prohibited from knowingly voting on a mea sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained) to the special private gain or loss of a relative or to the special private gain or loss of a business associate Commissioners of community redevelopment agencies under Sec 163 356 or 163 357 F S and officers of independent special tax districts elected on a one -acre one vote basis are not prohibited from voting in that capacity For purposes of this law a relative includes only the officer's father mother son daughter husband wife brother sister father in law mother in law son in law and daughter in law A business associate means any person or entity engaged in or carrying on a business enterprise with the officer as a partner joint venturer coowner of property or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange) * * * * * * * * * * ELECTED OFFICERS In addition to abstaining from voting in the situations described above you must disclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min utes of the meeting who should incorporate the form in the minutes APPOINTED OFFICERS Although you must abstain from voting in the situations described above you otherwise may participate in these matters However you must disclose the nature of the conflict before making any attempt to influence the decision whether orally or in writing and whether made by you or at your direction IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting who will incorporate the form in the minutes (Continued on other side) CE FORM 8B EFF 1/2000 PAGE 1 APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency The form must be read publicly at the next meeting after the form is filed IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING You must disclose orally the nature of your conflict in the measure before participating You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting who must incorporate the form in the minutes A copy of the form must be provided immediately to the other members of the agency and the form must be read publicly at the next meeting after the form is filed DISCLOSURE OF LOCAL OFFICER'S INTEREST 12.06-ut Dlcfal=owsl7 hereby disclose that on 20 D r (a) A measure came or will come before my agency which (check one) K. inured to my special private gain or loss inured to the special gain or loss of my business associate inured to the special gain or loss of my relative inured to the special gain or loss of by whom I am retained or inured to the special gain or loss of which is the parent organization or subsidiary of a pnncipal which has retained me (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows ,' iw"cec, Sft&cvt f-.: itAe it,titry�at pliywA) ,-//-7/641 Date Filed 4OcoL6/( , Signature NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §112 317 A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING IMPEACHMENT REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT DEMOTION REDUCTION IN SALARY REPRIMAND OR A CIVIL PENALTY NOT TO EXCEED $10 000 CE FORM 8B EFF 1/2000 PAGE 2