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2018-01-09 Minutes/ MEETING MINUTES TUESDAY, JANUARY 9, 2018 6:30 PM COUNCIL CHAMBERS / CALL TO ORDER Mayor Glinn called the meeting to order at 6:31 PM. MOMENT OF SILENCE/ PLEDGE OF ALLEGIANCE ROLL CALL Present (5):                   Mayor MacAdam Glinn Vice Mayor Sean Brady Councilwoman Alice Burch                                            Councilman Jonathan Meltz Councilman Steven Zelkowitz                                            Also Present:             Tom Benton, Village Manager                                            Ysabely Rodriguez, Village Clerk                                            Richard Sarafan, Village Attorney PUBLIC COMMENTS (3 Minutes Time Limit Per Speaker) Ms. Joan Lutton spoke in favor of Item 9A, entering into a proposed agreement with the Town of Bay Harbor Islands for the shared use of the Aquatic Facility. Ms. Mary Benton spoke in favor of Item 9B, extending LimeBike services. Mr. Douglas Barnes spoke in favor of Item 9B, extending LimeBike services. Ms. Ines Hegedus-Garcia spoke in favor of the LimeBike program and further spoke in favor of the proposed zoning regulations for the Downtown District. Ms. Patrice Gillespie-Smith spoke about the benefits of investing in the Downtown District and further spoke in favor of the LimeBike program. Mr. Mike Llorente, LimeBike Lobbyist, spoke about the success of the LimeBike program and encouraged the Village Council to extend the Village’s relationship with LimeBike. Mr. Lou Perez spoke in favor of inserting language in the LimeBike agreement stipulating a financial commitment from LimeBike to making the Village more pedestrian friendly. Mr. Al Crespo spoke about the status of a previous inquiry regarding the cost of Hurricane Irma Clean-up, the Chamber of Commerce Quarterly report, feasibility of a Noise Ordinance, and the theft of equipment at the Public Works Compound. Mr. Francesco Marrama expressed interest in the property located at 9636 NE 2nd Avenue to open a pre-school and further requested information on the proposed land use restrictions. Mr. Victor Bruce spoke about his continued support for the proposed zoning changes in the Downtown District. Mr. Adam Rice requested a status update on the sewer system and further spoke about a neighboring property which he deems to be in hazardous conditions. Mr. Todd Leoni spoke about the proposed zoning changes to the Downtown District, specifically as it relates to extending the time frame before compliance is required for non-conforming properties. APPROVAL OF THE MINUTES DECEMBER 5, 2017 VILLAGE COUNCIL MEETING MINUTES The Village Clerk provided the Village Council with revised minutes to reflect the unanimous vote for Item 9C located on page 4 of the draft minutes. Councilwoman Alice Burch moved to approve the December 5, 2017 Village Council Meeting Minutes as amended. The motion was seconded by Vice Mayor, which passed unanimously. APPEAL TO THE VILLAGE COUNCIL AN APPEAL OF A DECISION BY THE PLANNING AND ZONING BOARD REGARDING THE DENIAL OF REQUEST FOR A VARIANCE TO ALLOW FOR A SIX FOOT FENCE ALONG THE FRONT OF THE NORTH PROPERTY LINE OF 1300 NE 94TH STREET (APELLANT: CHRISTIAN BERNARD AND EMMANUELLE BERNARD MAUGEIN). Mr. Travis Kendall, Planning and Zoning Director, provided an overview of the subject application and reviewed the criteria related to the variance request. Mr. Kendall indicated that the Planning & Zoning Board determined the application did not meet any of the four (4) criteria. Therefore, the Planning & Zoning Board denied the variance request. Mr. Thomas Robertson, legal counsel to the appellants, reviewed the information previously provided to the Planning & Zoning Board in support of their variance application. Ms. Emmanuelle Bernard, appellant, spoke on her own behalf and reiterated her original argument made at the Planning and Zoning Board meeting regarding safety and privacy concerns. Mr. Sarafan spoke about the general premise of granting variances and clarified the decision that is before the Village Council for consideration, which is determining whether the Planning and Zoning Board acted unreasonably with respect to their determination of the application not meeting any of the variance criteria. Individual Councilmembers offered their opinions on the application and information was clarified and confirmed for the Councilmembers by either Mr. Kendall or the appellants’ representative. There was a discussion regarding amending the Village Code to allow for a 6-foot fence to be erected for properties that abut a Village park. Mr. Sarafan clarified that an ordinance may be crafted to allow for a 6-foot hedge, wall, or fence to be erected along portions of properties that abut a Village park. A motion was moved by Councilwoman Burch and seconded by Councilman Zelkowitz to deny the variance and to direct staff to bring forth a code amendment permitting a 6-foot wall, fence, or hedge to be erected for portions of properties which abut a Village park. There being no further discussion, Mayor Glinn called for the vote, which passed unanimously. ORDINANCES ON FIRST READING AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, ADOPTING DIVISION 22. MIAMI SHORES DOWNTOWN DISTRICT, APPENDIX A, ZONING, CONTAINED IN THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, PROVIDING FOR THE ADOPTION OF THE “ARCHITECTURAL DESIGN MANUAL,” AND ZONING CODE REGULATION TO IMPLEMENT THE MANUAL, SETTING FORTH THOSE CONDITIONS, CREATING, DEFINING AND REGULATING THE MIAMI SHORES DOWNTOWN DISTRICT AS AN OVERLAY, AMENDING THE LIST OF PERMITTED USES AND AMENDING THE PARTIAL LIST OF USES DEEMED TO BE NOT INCLUDED IN THE LIST OF PERMITTED USES IN THE B1 DISTRICT LOCATED WITHIN THE MIAMI SHORES DOWNTOWN DISTRICT, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). ON NOVEMBER 21, 2017, THIS ITEM WAS DEFERRED ON FIRST READING TO THE JANUARY 9, 2018 VILLAGE COUNCIL MEETING. The Village Clerk read the title of the Ordinance into the record. Mr. Kendall provided a brief overview of the item. Vice Mayor Brady and Mr. Benton provided an update with respect to engaging property owners in the Downtown District, specifically as it relates to the proposed zoning changes. Councilwoman Burch retracted the suggestion she proposed at the November 21 meeting with respect to changing off-site parking from one-half mile to one-quarter mile, thereby upholding the original language of the draft Ordinance. Individual Councilmembers shared their respective views on the land use restrictions outlined in Section 548(3) of the proposed Ordinance. Mayor Glinn opened the floor to public comments. Mr. Al Crespo spoke in favor of permitting public comments on First Reading. Mr. Adam Rice asked about the sewer system in the Downtown District. Mr. Lou Perez spoke in favor of permitting public comments on First Reading. There being no further members of the public wishing to speak on this item, Mayor Glinn closed public comments. Mayor Glinn moved to approve the Ordinance on first reading as amended to include language extending the period that a building may be vacant before the former nonconforming use must be replaced by a conforming land use compliant with the code from 6 months to 18 months in Section 554(1)(d), in Section 551(1)(a) extending the period of time during which the Village adds up the improvements for 50% purposes to a five-year period, and to uphold the off-street parking facilities up to one-half mile in Section 549(2). The motion was seconded by Councilwoman Burch. There being no further discussion, Mayor Glinn called for the vote, which carried a 3-2 voice vote. Councilmembers Zelkowitz and Meltz voted in opposition. AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL OF MIAMI SHORES FLORIDA, ESTABLISHING THE EDUCATION ADVISORY BOARD; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE (SPONSORED BY: VICE MAYOR SEAN BRADY). The Village Clerk read the title of the Ordinance into the record. Vice Mayor Brady provided a brief overview of the item and encouraged the Village Council to support the creation of an Education Advisory Board. There was discussion about including a member of the Parent Teacher Association (PTA) of Miami Shores Elementary in the membership criteria to serve in an ex-officio member capacity. Mayor Glinn opened the floor to public comments and subsequently closed it, as no one in the audience wished to speak. A motion was moved by Vice Mayor Brady and seconded Councilman Zelkowitz to approve the Ordinance as amended to include language stipulating that the Miami Shores Elementary PTA designate a member to serve in an ex-officio capacity. There being no further discussion, Mayor Glinn called for the vote, which was unanimous in favor of the motion. ORDINANCES ON SECOND READING-PUBLIC HEARING AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES, FLORIDA, ADOPTING THE 2018 CAPITAL IMPROVEMENTS PROJECT SCHEDULE ANNUAL UPDATE TO THE MIAMI SHORES VILLAGE 2025 COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: PLANNING & FINANCE DIRECTORS). THIS ITEM WAS APPROVED ON FIRST READING BY A 4/0 VOICE VOTE ON DECEMBER 5, 2017. The Village Clerk read the title of the Ordinance into the record. Mr. Benton provided a brief overview of the item. Mayor Glinn opened the floor to public comments and subsequently closed it, as no one in the audience wished to speak. A motion was moved by Councilman Zelkowitz and seconded by Councilwoman Burch to adopt the Ordinance as presented. There being no further discussion, Mayor Glinn called for the vote, which was unanimous in favor of the motion. AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES VILLAGE, FLORIDA, AMENDING CHAPTER 6 BUILDING AND BUILDING REGULATIONS, OF THE VILLAGE CODE OF ORDINANCES, BY AMENDING SEC. 6-12 BY TECHNICAL AMENDMENT, TO ELEVATE CONSTRUCTION IN FLOOD HAZARD AREAS INCLUDING FLOOD HAZARD AREAS DESIGNATED AS COASTAL A ZONES TO NOT LESS THAN TWO FEET ABOVE THE BASE FLOOD ELEVATION OR THE DESIGN FLOOD ELEVATION, WHICHEVER IS HIGHER, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: BUILDING OFFICIAL & PLANNING DIRECTOR) THIS ITEM WAS APPROVED ON FIRST READING BY A 4/0 VOICE VOTE ON DECEMBER 5, 2017. The Village Clerk read the title of the Ordinance into the record. Mr. Benton provided a brief overview of the item. Mayor Glinn opened the floor to public comments and subsequently closed it, as no one in the audience wished to speak. A scrivener’s error in Section 4.2 of the Ordinance was noted, which should stipulate “elevation” at the end of the penultimate sentence located on line 11. A motion was moved by Councilman Zelkowitz and seconded by Vice Mayor Brady to adopt the Ordinance as amended. There being no further discussion, Mayor Glinn called for the vote, which was unanimous in favor of the motion. DISCUSSION & POSSIBLE ACTION ITEMS DISCUSSION AND POSSIBLE ACTION REGARDING THE PROPOSED AGREEMENT WITH THE TOWN OF BAY HARBOR ISLANDS FOR THE SHARED USE OF THE AQUATIC CENTER (SPONSORED BY: MAYOR MACADAM GLINN). Mr. Benton provided a brief overview of the item, including staff’s findings and the Recreation Advisory Board’s recommendation as directed by the Village Council. Recreation Director Angela Dorney answered questions posed by the Village Council as it relates to the utilization rate, maintenance costs, and the deficit of the Aquatic Center. Mayor Glinn moved for the Village to enter into a proposed agreement with the Town of Bay Harbor Islands for the shared use of the Aquatic Center, in a form approved by the Village Attorney, and to authorize the Village Manager to execute the proposed agreement. The motion was seconded by Councilman Meltz which passed unanimously. DISCUSSION AND POSSIBLE ACTION REGARDING ENDING THE LIMEBIKE PILOT PROGRAM (STAFF: VILLAGE MANAGER). Mr. Benton provided a brief overview of the item and sought further direction with respect to the Village’s agreement with LimeBike. Individual Council members shared their respective views of the LimeBike initiative. Mr. Llorente, LimeBike lobbyist, answered questions posed by the Village Council. There was discussion amongst the Councilmembers regarding improving LimeBike communication and response to repositioning bike requests. By way of consensus, the Village Council directed staff to bring forth an agreement for Village Council consideration extending the LimeBike Program and to include in the agreement an annual renewal provision in addition to the other terms outlined in the 90-day Pilot Program agreement. Mr. Llorente requested for the record to reflect the continuation of the current agreement until the extension is approved to prevent current service interruption. ANNOUNCEMENTS The Village Clerk read the announcements into the record. VILLAGE COUNCIL COMMENTS Vice Mayor Brady encouraged residents to attend the Moonlight Concert in the Park event scheduled for Friday the 12th of January. Councilwoman Burch encouraged residents to attend the Plaza 98 event this Saturday, January 13. Councilman Meltz spoke about the Rain Barrel Conservation Workshop and encouraged residents to sign-up on Eventbrite. Councilman Zelkowitz thanked everyone for attending the meeting and wished everyone a Happy New Year. Mayor Glinn thanked Councilman Meltz for spearheading the Rain Barrel Program, thanked residents for attending tonight’s meeting, and wished everyone a Happy New Year. ADJOURNMENT There being no further business, the meeting was adjourned at 8:42 PM.