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2017-11-21 Draft Minutes1 TUESDAY, NOVEMBER 21, 2017 6:30 PM COUNCIL CHAMBERS 1. CALL TO ORDER Vice Mayor Brady called the meeting to order at 6:35 P.M. 2. MOMENT OF SILENCE/ PLEDGE OF ALLEGIANCE 3. ROLL CALL Present (5): Mayor MacAdam Glinn (arrived at 6:37 P.M.) Vice Mayor Sean Brady Councilwoman Alice Burch Councilman Jonathan Meltz Councilman Steven Zelkowitz (joined the meeting via teleconference) 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 proposed Downtown Manual Ordinance, specifically as it relates to the land use restrictions. Mr. Lance Harke thanked the Village Council for taking the time to listen to his concerns prior to the meeting with respect to the proposed Downtown Design Manual Ordinance and he furthered spoke in opposition to restricting the current permitted uses. Mr. Victor Bruce spoke in support of the proposed Downtown Design Manual Ordinance and he further spoke in favor of extending the parking regulation changes to all restaurants. Ms. Orit Mimoun, on behalf of the Miami Shores Center, LLC property, spoke in support of the proposed Downtown Manual Ordinance. 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 5. APPROVAL OF THE MINUTES A. NOVEMBER 7, 2017 VILLAGE COUNCIL MEETING MINUTES A motion was moved by Vice Mayor Brady and seconded by Councilwoman Burch to approve the November 7, 2017 Village Council Meeting Minutes. The motion passed unanimously. 6. ORDINANCES ON FIRST READING- 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 DISTRICT, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). ON OCTOBER 3, 2017, THIS ITEM WAS DEFERRED ON FIRST READING BY A 4/0 VOICE VOTE TO THE NOVEMBER 21, 2017 VILLAGE COUNCIL MEETING. The Village Clerk read the title of the Ordinance into the record. Mayor Glinn opened the public hearing. Mr. Todd Leoni spoke in favor of extending the six-months nonconforming use provision to at least two-years due to the potential hardship associated with finding a new tenant. Mr. Lance Harke spoke in opposition to the language outlined in the Ordinance. As no one else wished to speak, Mayor Glinn closed the public hearing. Planning and Zoning Director David Dacquisto provided a brief overview of the proposed changes outlined in the Ordinance and answered questions posed by the Village Council. Vice Mayor Brady and Village Manager Benton provided an overview of the meetings conducted by the Village Manager, Village Attorney, and the Vice Mayor with the property owners in the Downtown District as it relates to clarifying the restricted land use stipulated in the proposed ordinance. Discussion ensued with respect to Section 548(3) of the proposed Ordinance. By way of consensus, the Village Council directed staff to: - research and report the findings back to the Village Council with respect to the following: • Municipalities that specify a percentage of use within their Downtown District • Vested Rights Procedures • The practice used by municipalities to incentivize specific uses - coordinate another round of meetings with property owners located in the Downtown District 3 - On line 136, clarify the meaning of “training facility” - On line 168, amend the language of the proposed ordinance to reflect “one-quarter mile” as opposed to “one-half mile” - Provide an outline of the discussed options along with the proposed ordinance A motion was moved by Mayor Glinn and seconded by Councilman Meltz to defer the ordinance on first reading to the January 9, 2018 Village Council Meeting. There being no further discussion, Mayor Glinn called the vote, which was unanimous in favor of the motion. Councilman Zelkowitz left the meeting via teleconference upon the conclusion of this item. By way of consensus, the Village Council agreed to change the order of business upon the conclusion this item to hear items 8A and 8B, respectively thereafter. 7. ORDINANCES ON SECOND READING-PUBLIC HEARING A. AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING APPENEDIX A, ZONING SEC. 521.1 (6) ROOFING MATERIALS, OF APPENDIX A ZONING, CONTAINED IN THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, REMOVING THE REQUIREMENT FOR PLANNING BOARD APPROVAL OF METAL ROOFS AND PROVIDING FOR ADMINISTRATIVE REVIEW OF METAL ROOFS BY VILLAGE STAFF, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE (SPONSORED BY: VICE MAYOR SEAN BRADY). THIS ITEM WAS APPROVED ON FIRST READING BY A 5/0 VOICE VOTE ON NOVEMBER 7, 2017. The Village Clerk read the title of the ordinance into the record. Mayor Glinn opened the public hearing. There being no speakers, Mayor Glinn closed the public hearing. Vice Mayor Brady introduced the item. Discussion ensued on the topic of prohibited colors and its relation to the reflectivity index. Councilwoman Burch moved to adopt the ordinance. 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. B. AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING CHAPTER 11 OF THE VILLAGE CODE, TITLED HISTORIC PRESERVATION, ESTABLISHING MINIMUM HISTORIC PRESERVATION STANDARDS THAT MEET THE REQUIREMENTS AS ESTABLISHED BY MIAMI-DADE COUNTY, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). THIS ITEM WAS APPROVED ON FIRST READING BY A 5/0 VOICE VOTE ON NOVEMBER 7, 2017. The Village Clerk read the title of the ordinance into the record. Mayor Glinn opened the public hearing. 4 Historic Preservation Board Chairwoman Nina Korman spoke in opposition to the Historic Preservation Board recommending designation to the Planning and Zoning Board as stipulated in the proposed ordinance. There being no additional speakers, Mayor Glinn closed the public hearing. Planning and Zoning Director Travis Kendall provided a brief overview of the item, answered questions posed by the Village Council, and proposed two amendments to the ordinance: (1) replace “once a month” with meet “as needed” on page 6, line 44 (2) on page 10, line 24, replace the “Village Clerk or the clerk’s designee” with the “Planning and Zoning Department or their designee.” There was consensus with respect to Councilwoman Burch’s recommendation to insert language removing the residency requirement for architect members of the board on page 6, line 13. Councilwoman Burch moved to adopt the ordinance as amended to include: (1) replace “once a month” with meet “as needed” on page 6, line 44 (2) on page 10, line 24, replace the “Village Clerk or the clerk’s designee” with the “Planning and Zoning Department or their designee”, (3) insert language removing the residency requirement for architect members of the board on page 6, line 13. 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. 8. RESOLUTIONS- VILLAGE BUSINESS A. A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL CREATING BUDGET AMENDMENT #1 TO THE FISCAL YEAR 2017-2018 OPERATING BUDGETS; APPROPRIATING $54,979 FROM THE GENERAL FUND BALANCE, APPROPRIATING $20,450 FROM THE TRANSPORTATION SURTAX FUND BALANCE, APPROPRIATING $167,181 FROM THE CAPITAL PROJECTS FUND BALANCE, APPROPRIATING $79,150 FROM THE STORMWATER FUND BALANCE, AND APPROPRIATING $27,499 FROM THE SANITATION FUND BALANCE (STAFF: FINANCE DIRECTOR). The Village Clerk read the title of the resolution into the record immediately after Item 6A. Madam Finance Director Holly Hugdahl provided a brief overview of the item and answered questions posed by the Village Council. A motion was moved by Councilwoman Burch and seconded by Vice Mayor Brady to approve the resolution. There being no further discussion, Mayor Glinn called for the vote, which was unanimous in favor of the motion. B. A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL CREATING BUDGET AMENDMENT #7 TO THE FISCAL YEAR 2016-2017 OPERATING BUDGETS, INCREASING REVENUES AND EFFECTUATING TRANSFERS TO REVERSE THE YEAR END BUDGETARY DEFICIT (STAFF: FINANCE DIRECTOR). Village Clerk read the title of the resolution into the record immediately after Item 8A. Madam Finance Director provided a brief overview of the item and answered questions posed by the Village Council. A motion was moved by Vice Mayor Brady and seconded by Councilman Meltz to approve the resolution. 5 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. AWARD OF THE DEBRIS DISASTER RECOVERY MANAGEMENT, DISASTER DEBRIS MONITORING, AND DISASTER RECOVERY SERVICES REQUEST FOR PROPOSAL (RFP) TO DISASTER PROGRAM AND OPERATIONS INC. (STAFF: VILLAGE MANAGER). Madam Clerk Rodriguez introduced the item after Item 8B. Village Manager Benton provided a brief overview of the item and recommended approval of the two proposers, Disaster Program and Operations Inc. and H2O, Inc. respectively. Mr. Sarafan clarified the executed contracts would only present a cost in the event the Village issues a “Notice to Proceed” to the firm. A motion was moved by Vice Mayor Brady and seconded by Councilman Meltz to approve the ranking of the two firms, Disaster Program and Operations Inc. and H2O, Inc. respectively, and to authorize the Village Manager to execute a contract. B. AWARD OF THE DEBRIS REDUCTION AND DISPOSAL SERVICES, DR 4337 HURRICANE IRMA, REQUEST FOR PROPOSAL (RFP) TO SFM SERVICES, INC. (STAFF: VILLAGE MANAGER). Madam Clerk Rodriguez read the title of the item after Item 8B. Village Manager Benton clarified a scrivener’s error with respect to his estimation of the total potential fee, thereby indicating it should be approximately $540,000 to reduce and haul the Village debris. Mr. Benton provided a brief overview of the item and indicated that based on the selection committee's evaluation, the firm of SFM Services, Inc. has been recommended to receive the RFP award. Public W orks Director Scott Davis recommended the approval of the top three ranked firm: SFM Services (as primary contractor), Inc., Looks Great Services, and TFR, respectively. A motion was moved by Councilwoman Burch and seconded Vice Mayor Brady to approve the ranking of the three firms selected by the evaluation committee with SFM Services, Inc. as the primary contractor and to authorize the Village Manager to execute a contract in their respective order. There being no further discussion, Mayor Glinn called for the vote, which was unanimous in favor of the motion. C. RATIFICATION OF THE FEDERATION OF PUBLIC EMPLOYEES (FPE) UNION CONTRACT (STAFF: VILLAGE MANAGER). Madam Clerk Rodriguez read the title of the item after Item 8A. Village Manager Benton provided a brief overview of the item and recommended approval of the item. A motion was moved by Councilwoman Burch and seconded by Vice Mayor Brady to approve the Federation of Public Employees (FPE) Union Contract. There being no discussion, Mayor Glinn called for the vote, which was unanimous in favor of the motion. 6 10. ANNOUNCEMENTS The Village Clerk read the announcements into the record. 11. VILLAGE COUNCIL COMMENTS Mr. Sarafan proposed staff draft a resolution in appreciation of Mr. Dacquisto’s tenure with the Village as Planning and Zoning Director. Councilman Meltz requested the Village Manager provide a report at the next meeting with respect to clean- up costs associated with the recent storm, the status of the Chamber of Commerce’s next quarterly report, and the theft incident which occurred at the Public Works Compound. Councilman Meltz reported Doctors Charter School’s Green Club and Miami-Dade County will work with him on establishing the Rain Barrel Program in the Village. Councilwoman Burch spoke about the Plaza 98 event and thanked everyone who contributed to its success, namely the Downtown Advisory Committee of the Chamber of Commerce, residents, and Village staff. Councilwoman Burch provided a brief update on LimeBike and clarified some of the misnomers associated with the bikeshare dockless station concept. Vice Mayor Brady thanked staff for their hard work on the Downtown Design Manual item and wished everyone a Happy Thanksgiving. Mayor Glinn thanked the public for attending the meeting and sharing their comments. Mayor Glinn also spoke about the Village Council’s commitment to revitalizing the Downtown District. 12. ADJOURNMENT There being no further business before the Village Council, the meeting was adjourned at 8:28 P.M.