HomeMy Public PortalAbout06-10-03 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, JUNE 10, 2003
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 Martha F Broucek, Carol Diaz -Castro,
Mortimer Fned, James L Peters, Robert L Vernon, Vice Mayor Jorge Mendia and Mayor Robert
Oldakowski Also present were Village Manager Jacquelme R Menendez, Village Clerk Conchita
H Alvarez and Village Attorney David M Wolpin
2 INVOCATION Reverend Bud Schroeder, Key Biscayne Community Church, gave an
invocation
3 PLEDGE OF ALLEGIANCE Mr Robert Brookes led the Pledge of Allegiance
4 SPECIAL PRESENTATIONS The Mayor, on behalf of the Village Council, presented
a proclamation and a Ten Year pin to the Clerk recognizing her ten years of service to the Village
of Key Biscayne
Chief of Fire Rescue, John C Gilbert addressed the Council recognizing the following individuals
in their promotions and appointments in the Fire Department Lieutenant Tama Romero to the
position of Emergency Medical Services Coordinator, Lieutenant Enc Lang to the position of
Assistant Fire Marshal, Firefighter/Paramedic Dan Feeney to the position of Fire Lieutenant and
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Firefighter/Paramedic Marcos Osono to the position of Fire Lieutenant
Paul Abbot, Project Manager addressed the Council giving a status report on the Community Center
The Miami -Dade County Parks and Recreation Department made a presentation regarding the
Crandon Park little train
5 PUBLIC COMMENTS The following residents addressed the Council Mabel Miller, 210
Seaview Dnve and Harry Tellam, 270 Greenwood Dnve
6 AGENDA Councilmember Fned requested the addition of a resolution dealing with the
Miami -Dade County Public School Capital Construction Program as Item 10D and Councilmember
Diaz -Castro requested the addition of a discussion regarding the final cost of the Fire Station and
Village Hall buildings There was no objection to the agenda changes
7 APPROVAL OF MINUTES Councilmember Fned made a motion to approve the minutes
of the May 27, 2003 Zoning Meeting The motion was seconded by Councilmember Vernon and
approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Diaz -Castro,
Fned, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowskr voting Yes
8 BUILDING, ZONING AND PLANNING All witnesses giving testimony in the public
hearings were sworn in by the Clerk
Hearing Number RV 14 Jeffrey S Bartel, Stearns Weaver Miller Weissler Alhadeff & Sitterson,
P A , representing the applicant, Wachovia Bank, NA, 100 Crandon Boulevard, is requesting the
following variances 1) waive 20 ft of the required 20 ft south side yard setback in order to
construct the building along the south lot line, 2) waive 12 ft of the required 20 ft north side yard
setback m order to construct the drive -through 8 ft from the north lot line and 3) waive 5 ft of the
required 5 ft south side yard setback in order to construct a surface parking lot and walkway along
the south lot line
The Attorney addressed the Council regarding this hearing
Councilmember Broucek made a motion to incorporate the record of the proceeding from the May
27, 2003 Zoning Meeting The motion was seconded by Councilmember Peters and approved by
a 7-0 voice vote The vote was as follows Councilmembers Broucek, Diaz -Castro, Fned, Peters,
Vernon, Vice Mayor Mendia and Mayor Oldakowskr voting Yes
Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council stating his
recommendation of approval of the above variances subject to the following conditions 1) The exit
from the dnveway to Crandon Boulevard shall include the following items located on pnvate
property a nght turn only sign, a stop sign, and a speed bump The design and location of these
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items shall be approved by the Building, Zoning and Planning Director prior to the issuance of a
building permit and installed prior to the issuance of a Certificate of Occupancy, 2) Subject to a
detailed landscape and irrigation plan being submitted with the building permit application Trees
shall be placed on Crandon Boulevard consistent with the Master Plan that is currently being
developed A building permit shall not be issued until the Building, Zoning and Planning
Department approves the landscape and imgation plan A Certificate of Occupancy shall not be
issued until the landscaping and imgation has been installed and approved by the Department, 3 )
The applicant shall install curbing and a 10 ft wide decorative sidewalk along Crandon Boulevard
and on the driveway apron The median on the access dnve shall also have curbing 4) A cross
access agreement shall be recorded in the public records of Miami -Dade County prior to the issuance
of a building permit The Agreement will provide for access into the 100 Crandon Boulevard site
from the access dnveway that leads to the 104 Crandon Boulevard office building The Agreement
must be approved by the Village Attorney pnor to recordation, 5) That the Building, Zomng and
Planning Director is authorized to approve minor modifications to the plans when it is determined
by the Director that such modifications are in substantial conformance with the plans as approved
by Council, 6) Signage on the building is limited to the business that occupies the largest amount
of floor area Secondary signage is permitted through a directory sign on exterior of the building
The size of the directory sign shall conform with the Zoning and Land Development Regulations,
7) There shall be a 2 6 ft landscaped median between the sidewalk and the dnveway that leads to
104 Crandon Boulevard Site, 8) The stairs which discharge into the garage must be redesigned in
a manner consistent with the Fire Rescue Department's regulations, 9) If cars stack over the public
right of way, then this shall be considered as a violation of the conditions of approval and the
property owner and tenant will be subject to violations, fines and penalties as prescnbed by law, and
10) This resolution shall be recorded in the public records of Miami -Dade County prior to the
issuance of a building permit
The Mayor opened the public hearing for Hearings RV 14 and SP7 Jeff Bartel, 150 West
Flagler Street, Bob Brookes, 701 Bnckell Avenue, Jim Grant, Traffic Engineer and Ed
Meyer, 100 Sunrise Drive addressed the Council The Mayor closed the public hearing
There was extensive discussion from Council regarding this request
Councilmember Fried made a motion to approve the request subject to the recommendations made
by staff The motion was seconded by Councilmember Peters and approved by a 7-0 roll call vote
The vote was as follows Councilmembers Broucek, Diaz -Castro, Fned, Peters, Vernon, Vice Mayor
Mendia and Mayor Oldakowski voting Yes
Hearing Number SP 7 Elements Architect (for Wachovia Bank, NA), 100 Crandon Boulevard, the
applicant is requesting approval of a site plan
Director Kurlancheek addressed the Council stating his recommendation of approval of the
site plan subject to the following conditions 1) The exit from the driveway to Crandon
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June 10, 2003
Boulevard shall include the following items located on pnvate property a right turn only
sign, a stop sign, and a speed bump The design and location of these items shall be
approved by the Building, Zoning and Planning Director prior to the issuance of a building
permit and installed prior to the issuance of a Certificate of Occupancy, 2) Subject to a
detailed landscape and irrigation plan being submitted with the building permit application
Trees shall be placed on Crandon Boulevard consistent with the Master Plan that is currently
being developed A building permit shall not be issued until the Building, Zoning and
Planning Department approves the landscape and imgation plan A Certificate of Occupancy
shall not be issued until the landscaping and imgation has been installed and approved by
the Department, 3) The applicant shall install curbing and a 10 ft wide decorative sidewalk
along Crandon Boulevard and on the driveway apron The median on the access drive shall
also have curbing 4) A cross access agreement shall be recorded in the public records of
Miami -Dade County prior to the issuance of a building permit The Agreement will provide
for access into the 100 Crandon Boulevard site from the access driveway that leads to the 104
Crandon B oulevard o ffice b uildmg T he A greement m ust b e approved b y the V illage
Attorney p nor f o r ecordation, 5) T hat t he B Z oning and P lanning D erector is
authorized to approve minor modifications to the plans when it is determined by the Director
that such modifications are in substantial conformance with the plans as approved by
Council, 6) Signage on the building is limited to the business that occupies the largest
amount of floor area Secondary signage is permitted through a directory sign on exterior
of the building The size of the directory sign shall conform with the Zoning and Land
Development Regulations, 7) There shall be a 2 6 ft landscaped median between the
sidewalk and the dnveway that leads to 104 Crandon Boulevard Site, 8) The stairs which
discharge into the garage must be redesigned in a manner consistent with the Fire Rescue
Department's regulations, 9) If cars stack over the public nght of way, then this shall be
considered as a violation of the conditions of approval and the property owner and tenant will
be subject to violations, fines and penalties as prescribed by law, and 10) This resolution
shall be recorded in the public records of Miami -Dade County prior to the issuance of a
building permit
Councilmember Fried made a motion to approve the site plan subject to the recommendations made
by staff The motion was seconded by Councilmember Peters and approved by a 7-0 roll call vote
The vote was as follows Councilmembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor
Mendia and Mayor Oldakowski voting Yes
9 ORDINANCES The Clerk read the following ordinance, on first reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE
VILLAGE CODE B Y C REATING C HAPTER 2 2" PUBLIC P LACES", I NCLUDING
ARTICLE I "RESTRICTIONS ON ACTIVITIES", CONSISTING OF SECTION 22-1
"WEST MASHTA ROAD BRIDGE", REGULATING FISHING ACTIVITIES AT AND THE
USE OF THE VILLAGE'S WEST MASHTA ROAD BRIDGE AND PROVIDING PERMIT
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PROGRAM FOR SUCH PURPOSES, PROVIDING FOR SEVERABILITY, PROVIDING
FOR INCLUSION IN THE CODE, PROVIDING FOR A PENALTY, AND PROVIDING
FOR AN EFFECTIVE DATE
Councilmember Broucek made a motion to adopt the ordinance on first reading The motion was
seconded by Councilmember Fned
The Attorney addressed the Council regarding this ordinance
The Mayor opened the public heanng There were no speakers present The Mayor closed
the public heanng
There was extensive discussion from Council regarding this ordinance
The ordinance was adopted on first reading by a 7-0 roll call vote The vote was as follows
Councilmembers Broucek, Diaz -Castro, Fned, Peters, Vernon, Vice Mayor Mendia and Mayor
Oldakowski voting Yes
10 RESOLUTIONS The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING
THE VILLAGE MANAGER TO EXECUTE THE ATTACHED CONSULTING
AGREEMENT ON BEHALF OF THE VILLAGE, WITH MICHAEL J FLAHERTY,
PROVIDING FOR AN EFFECTIVE DATE
The Village Manager presented and recommended the proposed consulting agreement
Councilmember Fned made a motion to approve the resolution The motion was seconded by Mayor
Oldakowski
The Village Council discussed the proposed agreement Subsequently, Councilmember Fned
withdrew his motion
Following this item, the Manager introduced a change from the concept of Emergency Services for
Fire and Police functions to a Public Safety concept It was the consensus of Council to support the
Manager on the implementation of this concept
The Clerk read the following resolution by title
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING THE VILLAGE OF KEY
BISCAYNE CIVIC CENTER PROJECT, AUTHORIZING PAYMENT FOR WORK OF
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June 10 2003
DEMOLITION OF CONCRETE SLAB AND RELATED REMEDIATION OF SITE
CONDITIONS IN THE VICINITY OF THE PARKING LOT COMPONENT OF VILLAGE
HALL/POLICE STATION, AUTHORIZING AMENDMENT NO 8 TO AGREEMENT
BETWEEN OWNER AND CONSTRUCTION MANAGER CONCERNING ITEM
DESCRIBED ABOVE, PROVIDING FOR SPECIFICATION OF FUNDS FOR ITEM
DESCRIBED ABOVE, PROVIDING FOR EFFECTIVE DATE
The Manager and Director Kurlancheek addressed the Council regarding this resolution
Councilmember Fned made a motion to approve the resolution The motion was seconded by
Councilmember Diaz -Castro and approved by a 7-0 voice vote The vote was as follows
Councilmembers Broucek, Diaz -Castro, Fned, Peters, Vernon, Vice Mayor Mendia and Mayor
Oldakowski voting Yes
The Clerk read the following resolution by title
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A BID TO CONSTRUCT
A BUS SHELTER NEAR THE CURRENT STOP AT CRANDON BOULEVARD NORTH
OF OCEAN LANE DRIVE, PROVIDING FOR AN EFFECTIVE DATE
Councilmember Broucek made a motion to approve the resolution The motion was seconded by
Councilmember Vernon
The Manager, Director Kurlancheek, Armando Nunez, Public Works Director and Chief Gilbert
addressed the Council regarding this resolution
The Council discussed the proposed contract and directed staff to look mto the possibility of moving
the bus shelter further North Subsequently, Councilmember Broucek withdrew her motion
The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, ENDORSING THE CALL FOR IMMEDIATE AND COMPREHENSIVE
FORENSIC AUDIT OF THE MIAMI-DADE COUNTY PUBLIC SCHOOL CAPITAL
CONSTRUCTION PROGRAM
Councilmember Fned made a motion to approve the resolution The motion was seconded by
Councilmember Diaz -Castro and approved by a 7-0 voice vote The vote was as follows
Councilmembers Broucek, Diaz -Castro, Fned, Peters, Vernon, Vice Mayor Mendia and Mayor
Oldakowski voting Yes
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June 10 2003
11 REPORTS AND RECOMMENDATIONS The following items were discussed
Mayor and Councilmembers No items were discussed
Village Attorney The Attorney did not submit a report
Village Clerk The Clerk submitted to the Council a copy of the following proclamations issued by
the Office of the Mayor during the month of May 2003 proclaiming the week of May 18-24, 2003
as Emergency Medical Services Week, proclaiming May 21, 2003 as Emergency Medical Services
for Children Day, proclaiming the month of July 2003 as Recreation and Parks Month and
congratulating the Flonda Association of City Clerks on their 30th Anniversary
Village Manager The Manager addressed the Council giving an update on the Goals and Objectives
It was the consensus of Council that the Chairman of the Crandon Boulevard Streetscape Master
Plan Committee come before Council for an update on the committee's accomplishments
12 OTHER BUSINESS/GENERAL DISCUSSION There were no further items 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 9 48 p m
Re ect ully submit ed
Conchita H Alvarez, CMC
Village Clerk
Approved this 24th day of June , 2003
/f,OCeGwGvr L__ -
Robert Oldakowski
Mayor
IF A 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
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