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2017-10-03 Village Council Meeting Minutes1 TUESDAY, OCTOBER 3, 2017 COUNCIL CHAMBERS Village Council Meeting Minutes 1. CALL TO ORDER Mayor Glinn called the meeting to order at 6:25 P.M. 2. MOMENT OF SILENCE/ PLEDGE OF ALLEGIANCE 3. ROLL CALL Present (4): Mayor MacAdam Glinn Vice Mayor Sean Brady Councilwoman Alice Burch Councilman Jonathan Meltz Councilman Zelkowitz was not in attendance. Also Present: Tom Benton, Village Manager Ysabely Rodriguez, Village Clerk Richard Sarafan, Village Attorney 4. PUBLIC COMMENTS (3 Minutes Time Limit Per Speaker) Mr. Todd Leoni spoke in opposition to the limited uses outlined in the Architectural Design Manual for the Downtown District. Mr. Lou Perez praised Councilwoman Burch for proposing the LimeBike initiative, but also voiced concerns with respect to the dockless concept of the proposal due to potential trip hazards. Mr. Steve Shaer expressed concerns with respect to the LimeBike item, specifically its confinement to the Miami Shores Village jurisdiction. Mr. Richard Caba spoke in opposition to the limited uses of the Architectural Design Manual for the Downtown District. Tom Benton, Village Manager Richard Sarafan, Village Attorney Ysabely Rodriguez, Village Clerk Mayor MacAdam Glinn Vice Mayor Sean Brady Councilwoman Alice Burch Councilman Jonathan Meltz Councilman Steven Zelkowitz Miami Shores Village 2 Ms. Elizabeth Cowen spoke in opposition to limiting public comments to the beginning of the meeting and further requested the item be reconsidered for the purpose of allowing public comments at the beginning and for each agenda item. She also spoke about in opposition to the LimeBike item. Mr. David Siqueiros spoke in opposition to the LimeBike item and further requested increased transparency and communication. He also advocated for annual employee evaluations. Lastly, he spoke about the height hedges and the No Confidence Vote cast by the Fraternal Order of Police (FOP). Mr. Al Crespo spoke in opposition to public comments occurring exclusively in the beginning of the meeting. He also spoke about Councilman Zelkowitz’s place of residence. Ms. Catherine Santana-Anderson and Michael Bailey, FEMA Intergovernmental Affairs representatives, provided a brief presentation on FEMA programs available to the community and answered questions posed by the Village Council. Mayor Glinn requested for the Small Business Administration representatives of FEMA to meet and assist residents with subject matter questions. Ms. Elizabeth Keeley, Communications Specialist, provided an update regarding disaster recovery assistance for residents and small business owners. 5. PRESENTATIONS A. FY16-17 ANNUAL REPORT & FINANCIAL AUDIT OF DOCTORS CHARTER SCHOOL Dr. Kelly Andrews, Executive Director of Doctors Charter School, delivered a presentation on the item and answered questions posed by the Village Council. 6. APPROVAL OF THE MINUTES A. SEPTEMBER 26, 2017 FIRST BUDGET HEARING MINUTES Councilwoman Burch noted a scrivener’s error in the proposed minutes; the Village Clerk acceded to amending the minutes to reflect “Councilwoman Burch” instead of “Mayor Burch. “ A motion was moved by Vice Mayor Brady and seconded by Councilwoman Burch to approved the September 26, 2017 First Budget Hearing Minutes as amended. Mayor Glinn called for the vote, which was unanimous in favor of the motion. 7. ORDINANCES-PUBLIC HEARING A. 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 3 DISTRICT, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). Ms. Rodriguez read the title of the item into the record. Mayor Glinn opened the Public Hearing on the proposed Ordinance. Mr. Crespo spoke in favor of revitalizing the Downtown District, but also recommended the Village Council consider the affected parties and possible ramifications of implementing the limited uses component of the Ordinance. Mr. Victor Bruce spoke in favor of the item. As no one else wished to speak, Mayor Glinn closed the Public Hearing. Mr. Dacquisto, Planning and Zoning Director, provided brief overview of the item and answered questions posed by the Village Council. Responding to Mr. Benton’s inquiry with respect to prohibited uses (Page 3, section 548, subsection (3)), Mr. Dacquisto clarified the Redevelopment Management Associates’ (RMA) study, as presented in the proposed ordinance, recommends prohibited uses at street level apply exclusively to businesses facing N.E. 2nd Avenue and did not take into account the side streets of the entire Downtown District. Mr. Benton recommended inserting language in Section 549, Parking standards in the Miami Shores Downtown District, Subsection 1G, “to exempt existing buildings, unless there have been substantial improvements.” By way of Consensus, the Village Council agreed to insert language in Section 548 Miami Shores Downtown District Land Use Restrictions, Subsection (1a), to reflect “Encourage active uses at the street level throughout the Downtown District” and to strike through “facing NE 2nd Avenue” in Section 548, Subsection 3 and to move in the direction of limiting the list of permitted uses throughout the Downtown District at street level. By way of Consensus, the Village Council also directed the Village Manager, Village Attorney, and Vice Mayor Brady to reach out to the business community for the purpose of achieving consensus on the proposed ordinance, specifically as it relates to the list of permitted uses at street level. Mayor Glinn moved to table the item and for staff to bring forth the proposed Ordinance with the recommended amendments at the November 21, 2017 Village Council Meeting for Village Council consideration. The motion was seconded by Councilman Meltz. There being no further discussion amongst the Councilmembers, Mayor Glinn called for the vote, which was unanimous in favor of the motion. 8. ORDINANCES-VILLAGE BUSINESS A. AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING VILLAGE CODE CHAPTER 20 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES AND ZONING CODE SEC. 521 REQUIRED OFF-STREET PARKING, OF ZONING APPENDIX A, CONTAINED IN THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, PROVIDING FOR PUBLIC WORKS PERMITS AND REVIEW AND APPROVAL OF PUBLIC WORKS PERMITS BY THE PUBLIC WORKS DIRECTOR, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). Ms. Rodriguez read the title of the Ordinance into the record. 4 Mr. Dacquisto provided a brief overview of the item, thereby indicating current Village practices are inconsistent with best practices and, therefore, advocated for approval of the item based on the Planning and Zoning Board’s recommendation. Mr. Dacquisto clarified the language that reflects a strike through will form part of the Public Works Department’s policy. A motion was moved by Councilwoman Burch to approve Item 8A. The motion was seconded by Vice Mayor Brady. There being no further discussion, Mayor Glinn called for the vote, which was unanimous in favor of the motion. 9. DISCUSSION & POSSIBLE ACTION ITEMS- VILLAGE BUSINESS A. DISCUSSION AND POSSIBLE ACTION REGARDING THE APPROVAL OF THE LIMEBIKE MEMORANDUM OF UNDERSTANDING (MOU) (SPONSORED BY: COUNCILWOMAN BURCH). Councilwoman Burch provided a brief overview of the item and answered questions posed by the Village Council. Councilwoman Burch moved to table the item. The motion failed due to a lack of second. Councilwoman Burch provided background information with respect to the Village Attorney’s legal advice on initiating the competitive solicitation process and she further recommended reducing the number of bikes to 100 from 500 for the Pilot Program. Mr. Harvey Younis, LimeBike representative, mentioned the Village is able to start off with 100 bikes as opposed to 500. He also informed that there’s a contact number to report abandoned bikes or other problems. With respect to bikes left at other jurisdictions, there’s no ramification to the resident and depending on the volume, LimeBike will rebalance. Mr. Sarafan clarified the MOU has been revised to include additional language that was approved by LimeBike to reflect a non-exclusivity provision and an immediate termination provision at no cost in order for the Village Council to consider approval of the item without initiating the competitive solicitation process. A revised hardcopy of the MOU has been provided to the Village Council. A motion to table the item to the next Village Council Meeting for the purpose of giving the public the benefit of reviewing the revised MOU was moved by Mayor Glinn and seconded by Councilwoman Burch. The motion failed by a 2-2 vote with Vice Mayor Brady and Councilman Meltz voting in opposition. Councilwoman Burch moved to approve the revised MOU and to direct staff to place the revised MOU on the Village website for the public to view. Vice Mayor Brady seconded the motion. There being no further discussion, Mayor Glinn called for the vote, which was carried by a 3-1 voice vote. Mayor Glinn voted in opposition. B. DISCUSSION AND POSSIBLE ACTION REGARDING LEGISLATIVE PRIORITIES (STAFF: VILLAGE MANAGER). Mr. Benton introduced the item and asked for guidance and feedback with respect to the proposed 2017-2018 legislative priorities. Mr. Sarafan advised the Village Council to consider directing the Village lobbyist to weigh-in on discussions related to the Home Rule Charter, which has been under attack by the Florida Legislature. 5 Mr. Benton advocated for the drainage project behind the Kmart to be listed as the main priority. By way of consensus, the Village Council prioritized the following areas: (1) Funding for the drainage project behind Kmart (2) Funding for the NE 2nd Avenue economic development (3) Reapply for Library Addition Construction Grant and (4) Increased funding for the Charter School. 10. ANNOUNCEMENTS The Village Clerk read the announcements into the record. 11. VILLAGE COUNCIL COMMENTS Councilman Meltz announced the 2017 Green Day: Miami Shores Street Fair will be held on Saturday, October 21, 3:30-7:30 PM on N.E. 2nd Avenue at 94th – 99th Streets. Councilwoman Burch encouraged residents to apply for board appointment and further encouraged residents to attend the Solar Information Session. Vice Mayor Brady spoke about revisiting the Village’s Education Compact with Dade County Public Schools in the near future. Mayor Glinn thanked the public for sharing their input during Public Comments. He also mentioned tomorrow is National W alk and Bike day. Mayor Glinn spoke about the devastation in the Caribbean and provided an update on the Village’s efforts in assisting countries affected by Hurricane Maria. Diapers, baby wipes, and canned foods are still needed. For more information, please visit our website and Facebook page. 12. ADJOURN There being no further business, Mayor Glinn adjourned the meeting at 8:24 P.M.