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2022-01-04 Minutes1 MEETING MINUTES JANUARY 4, 2022 6:30 PM 9900 NE 2ND AVENUE 1) CALL TO ORDER Mayor Harris called the meeting to order at 6:36 PM. 2) MOMENT OF SILENCE / PLEDGE OF ALLEGIANCE 3) ROLL CALL PRESENT: Councilmember Alice Burch Councilmember Crystal Wagar Vice Mayor Daniel Marinberg Mayor Sandra Harris Councilmember Katia Saint Fleur arrived at 6:56 PM. ALSO PRESENT: Village Attorney Richard Sarafan (via Zoom) Village Clerk Ysabely Rodriguez Village Manager Esmond Scott (via Zoom) Responding to Mayor Harris’ inquiry concerning any changes to the order of business, Village Clerk Rodriguez announced Stern Development’s request for deferral of Items 6A and 6B to the January 18, 2022 Village Council Meeting. Vice Mayor Marinberg moved to defer Items 6A and 6B to the January 18, 2022 Village Council Meeting and Councilmember Burch seconded the motion. Discussion ensued amongst Councilmembers regarding the prospect of moving the above-referenced items to the February 1, 2022 Village Council Meeting at Councilmember Burch’s request in light of the recent COVID-19 surge. Mr. Brad Smith, Stern Development representative, was present via Zoom and expressed his preference for the items to be considered on January 18, 2022. 2 There being no further discussion, Mayor Harris called the question and the motion was lost with a 2-2 voice vote. Councilmember Burch and Councilmember Wagar voted in opposition. Given Councilmember Saint Fleur’s absence at the time of voting, Mayor Harris proposed revisiting the deferral request upon Councilmember Saint Fleur’s arrival. On a separate note, Councilmember Burch acknowledged all of the residents who made possible the Heidi Hewes fundraiser “Light up your holidays” event, which took place on NE 92 Street between 4th and 5th avenues. Councilmember Burch further acknowledged the residents of 1500 NE 101 Street for their festive holiday display. 4) PUBLIC COMMENTS The Village Clerk read eComments, which have been attached hereto as Exhibit A, into the record. Carlos Canasi asked the Village Council to turn on their microphones when speaking. Janet Goodman spoke against the proposed gas station at 10500 Biscayne Boulevard due to environmental and other concerns. Carole Respondek spoke about the petition she collected against the proposed FLUM and Rezoning items due to environmental and other concerns. Michael Cudlipp asked for Vice Mayor Marinberg to recuse himself from Items 6A and 6B due to an alleged conflict of interest. Randal Gottlieb raised concerns about Vice Mayor Marinberg's position regarding the FLUM and rezoning items. Stephen Zawadszkas spoke about the policies, goals, and objectives contained within the comprehensive plan. Neil Cantor spoke against the proposed gas station and asked the Village Council to consider a different type of use for 10500 NE Biscayne Boulevard. Amy McClellan spoke in opposition to any type of development that may cause environmental issues. Ms. McClellan further asked the Village Council to defer the items. Tim Duerkop spoke in opposition to the FLUM and rezoning requests due to the number of residents who have expressed opposition to the proposed site plan. Eli Bravo spoke in opposition to the proposed gas station due to environmental concerns. Tom Septembre spoke in opposition to the proposed site plan on 10500 Biscayne Boulevard due to environmental and other concerns. Mr. Septembre further asked for the resignation of Vice Mayor Marinberg. Gwennie Tam asked the Village Council if they have been a victim of a crime and further spoke in opposition to the proposed gas station on 10500 Biscayne Boulevard. Greg Chauncey spoke in opposition to the proposed gas station due to the potential of increased crime. Brandon Spirk spoke about the number of residents who spoke in opposition to the item and asked the Village Council to consider whether B2 zoning is appropriate for the 10500 Biscayne Boulevard site. 3 Pat Cocci spoke in opposition to Items 6A and 6B and asked the Village Council to keep the Village beautiful and safe. Maria McGuiness spoke about first amendment right restrictions regarding public comments and further spoke in opposition to Items 6A and 6B. Lois Mamula spoke about the various challenges experienced by the residents of Shores Estates throughout the years and further spoke in opposition to Items 6A and 6B. Pedro Chevalier spoke in opposition to the proposed gas station. Robert Menge spoke about the opening of the gate on NE 105 Street and asked the Village Council to listen to the residents. Giancarlo Galliani spoke in opposition to the proposed gas station. Carmen Renick asked the Village Council to assess their motives as elected officials. Victoria Row-Traster, Miami Theater Center representative, announced various events the theater will be hosting, including summer camp. 5) CONSENT AGENDA Village Clerk Rodriguez read the caption of each item into the record and asked the Village Council to consider amending the November 18, 2021 Strategic Planning W orkshop to reflect “Mayor Harris” as one the individuals who greeted the workshop attendees. Mr. Sarafan asked the Village Council to consider amending Mr. Scott’s proposed employment agreement to include the following correction due to a typographical error: “Mr. Scott will be credited with ninety-six (96) hours of paid sick leave for the first year of this Agreement. Thereafter Mr. Scott will be entitled to, and may accrue and carry on the books, the same earned and unused sick time as applicable to a long term, regular non-bargaining unit employee of the Village.” Councilmember Burch moved to approve the Consent Agenda as amended and Vice Mayor Marinberg seconded the motion, which carried a 5-0 voice vote. 5.A APPROVAL OF THE NOVEMBER 18, 2021 STRATEGIC PLANNING WORKSHOP (STAFF: VILLAGE CLERK). Passed on consent as amended. 5.B APPROVAL OF THE DECEMBER 7, 2021 VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). Passed on Consent. 5.C APPROVAL OF VILLAGE MANAGER ESMOND SCOTT'S EMPLOYMENT AGREEMENT (STAFF: VILLAGE MANAGER). Passed on Consent as amended. 4 6) ORDINANCE(S) ON SECOND READING- PUBLIC HEARING 6.A AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP WITHIN THE VILLAGE COMPREHENSIVE PLAN, CONSISTENT WITH 163.3161, 163.3184 AND 163.3187, FLORIDA STATUTES; REDESIGNATING THE FUTURE LAND USE DESIGNATION FOR CERTAIN PROPERTY FROM MULTI-FAMILY RESIDENTIAL TO COMMERCIAL; PROVIDING FOR CONFLICT, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE (STAFF: PLANNING AND ZONING DIRECTOR). Mayor Harris asked the Village Council to revisit the deferral of Items 6A and 6B to the January 18, 2022 Village Council Meeting at the request of the applicant, Stern Development. Discussion ensued amongst Councilmembers regarding the prospect of moving the above-referenced items to the February 1, 2022 Village Council Meeting at Councilmember Burch’s request in light of the recent COVID-19 surge. Vice Mayor Marinberg moved to defer items 6A and 6B to the January 18, 2022 Village Council Meeting and Mayor Harris seconded the motion which carried a 3-2 voice vote. Councilmember Burch and Councilmember Wagar voted in opposition. This item was deferred to the January 18, 2022 Village Council Meeting. 6.B AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, RELATING TO ZONING; AMENDING THE OFFICIAL ZONING MAP TO REFLECT A DISTRICT BOUNDARY CHANGE; REZONING CERTAIN PROPERTY, BEARING FOLIO NUMBER 11- 2230-001-0500, CONSISTING OF 1.08 ACRES (+/-) FROM A2 TO B2; PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). This item was deferred to the January 18, 2022 Village Council Meeting. 6.C AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, RELATING TO ZONING, APPENDIX “A”, AMENDING ARTICLE V, DIVISION 17, “LANDSCAPE”, ADDING SECTION 539, “FERTILIZER STANDARDS”; PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). Village Clerk Rodriguez read the caption of the ordinance into the record. Mayor Harris opened the public hearing and subsequently closed it as no one offered public comments. Mr. Travis Kendall, Planning and Zoning Director, provided an overview of the item and recommended approval. Councilmember Wagar moved to approve the ordinance on second reading and Councilmember Saint Fleur seconded the motion, which carried a 5-0 voice vote. 7) ORDINANCE ON FIRST READING 7.A AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, ADOPTING THE 2022 CAPITAL IMPROVEMENTS PROJECT SCHEDULE ANNUAL UPDATE 5 TO THE MIAMI SHORES VILLAGE 2025 COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). Village Clerk Rodriguez read the caption of the ordinance into the record. Mayor Harris opened public comments. Village Clerk Rodriguez read eComments into the record. Mr. Kendall provided an overview of the item and noted typographical errors on the project schedule due to formatting. However, Mr. Kendall stated the proposed attachment will be corrected between first and second reading. Vice Mayor Marinberg moved to approve the ordinance on first reading and Councilmember Wagar seconded the motion which carried a 5-0 voice vote. 8) DISCUSSION & POSSIBLE ACTION ITEMS 8.A DISCUSSION AND POSSIBLE ACTION REGARDING INSTALLATION OF ADDITIONAL CROSSWALKS (SPONSORED BY: VICE MAYOR DANIEL MARINBERG). Vice Mayor Marinberg spoke about the recent pedestrian fatality and shared the highlights of his conversations with Miami-Dade County regarding the implementation of additional crosswalks. There are two processes according to his findings: (1) Miami-Dade County can examine the proposed area(s) and determine if there is a need for crosswalk in addition to funding availability. (2) The Village may take matters into their own hands and enter into a Memorandum of Understanding (MOU) with the County to create a new crosswalk. The Village would have to fund the installation. However, the Village would have more control over the project. Public Works Director Christopher Miranda answered questions posed by the Village Council regarding his experience with such installations. Councilmember Wagar asked for a staff report, indicating the benefits of having a MOU versus not having one before the end of February. Councilmember Wagar also asked staff to include an executed MOU from another municipality. No action was taken on this item. 9) MANAGER'S REPORT Mr. Scott provided an update regarding various operational matters. 10) ANNOUNCEMENTS Village Clerk Rodriguez read the announcements into the record. 11) VILLAGE COUNCIL COMMENTS 6 Councilmember Alice Burch Councilmember Burch spoke about the LED pineapple that was donated to the Village in honor of its 90 anniversary. She thanked residents who attended the meeting and spoke about making the community a more pedestrian friendly environment. Responding to an email sent by Councilmember Saint Fleur, Councilmember Burch clarified she did not organize a protest concerning the FLUM and rezoning items. Councilmember Crystal Wagar Councilmember Wagar thanked the Recreation Department for their creativity and tenacity in coordinating programs and events for the community. She further thanked MSPD for escorting Santa and wished everyone a Happy New Year. Councilmember Katia Saint Fleur Councilmember Saint Fleur echoed the sentiments of Councilmember Wagar regarding the Recreation Department. She further thanked everyone who attended the meeting. Vice Mayor Daniel Marinberg Vice Mayor Marinberg spoke about the various December festivities (menorah and 5K run). Vice Mayor Marinberg thanked all of the departments that were involved in planning said events. Vice Mayor Marinberg spoke about the lack of signage regarding parking restrictions after 10PM at Bayfront Park. He further spoke about resident concerns regarding low lighting in the darker areas of the community. Mayor Sandra Harris Mayor Harris wished everyone a Happy New Year and thanked residents for their civic engagement. 12)ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 8:25 PM. Village Council Meeting Time: 01-04-22 18:30 eComments Report Meetings Meeting Time Agenda Items Comments Support Oppose Neutral Village Council 01-04-22 18:30 20 7 2 5 0 Sentiments for All Meetings The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown. Overall Sentiment EXHIBIT A Village Council 01-04-22 18:30 Agenda Name Comments Support Oppose Neutral 4) PUBLIC COMMENTS 1 1 0 0 6.A) AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP WITHIN THE VILLAGE COMPREHENSIVE PLAN, CONSISTENT WITH 163.3161, 163.3184 AND 163.3187, FLORIDA STATUTES; REDESIGNATING THE FUTURE LAND USE DESIGNATION FOR CERTAIN PROPERTY FROM MULTI- FAMILY RESIDENTIAL TO COMMERCIAL; PROVIDING FOR CONFLICT, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE (STAFF: PLANNING AND ZONING DIRECTOR). 3 0 3 0 6.B) AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, RELATING TO ZONING; AMENDING THE OFFICIAL ZONING MAP TO REFLECT A DISTRICT BOUNDARY CHANGE; REZONING CERTAIN PROPERTY, BEARING FOLIO NUMBER 11-2230-001-0500, CONSISTING OF 1.08 ACRES (+/-) FROM A2 TO B2; PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). 2 0 2 0 8.A) DISCUSSION AND POSSIBLE ACTION REGARDING INSTALLATION OF ADDITIONAL CROSSWALKS (SPONSORED BY: VICE MAYOR DANIEL MARINBERG). 1 1 0 0 Sentiments for All Agenda Items The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown. Overall Sentiment Agenda Item: eComments for 4) PUBLIC COMMENTS Overall Sentiment brian kronberg Location: Submitted At: 2:40pm 01-03-22 At the November 2nd City Council meeting it was determined that Planning and Zoning staff was to draft an Ordinance for the next meeting (November 16) to consider the "replacement of material on non conforming driveways". The January 4th meeting is now the third meeting (8 weeks later) since that November 2 meeting and to my knowledge, the Ordinance has still not been prepared. I support this proposed ordinance which promotes aesthetic improvements to front driveways. Agenda Item: eComments for 6.A) AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP WITHIN THE VILLAGE COMPREHENSIVE PLAN, CONSISTENT WITH 163.3161, 163.3184 AND 163.3187, FLORIDA STATUTES; REDESIGNATING THE FUTURE LAND USE DESIGNATION FOR CERTAIN PROPERTY FROM MULTI-FAMILY RESIDENTIAL TO COMMERCIAL; PROVIDING FOR CONFLICT, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE (STAFF: PLANNING AND ZONING DIRECTOR). Overall Sentiment Guest User Location: Submitted At: 2:54pm 01-04-22 Gwen Burzycki, 50 NE 108 Street. I oppose the change in Land Use designation. First, the Planning and Zoning Board has recommended denial for very good reasons, including opening the door to future uses that are highly incompatible with the adjacent residential area, creation of low-grade pollution that can harm Biscayne Bay and the adjacent residential neighborhood, and elimination of the possibility for developing high quality multifamily residential use such as apartments or condos priced for professionals such as nurses, teachers, law enforcement staff. You should be listening to this Board; they have put together a thoughtful and thorough analysis. Second, the adjacent neighborhood is opposed. We elected you to represent us, and going against the wishes of the neighbors is just WRONG. Third, the gas station is an especially bad proposed use for that location. Gas stations are, by their very nature, filthy businesses, which is why they need special storage tanks and special stormwater management systems, both of which require maintenance that MAY OR MAY NOT happen as this facility gets older. Think ahead to 20 years down the road. Have you watched people filling external tanks? Spillage of small amounts of gasoline is routine. Patrons can buy engine oil and dump it into the engine right in the parking lot, spilling drops of oil on the pavement. One drop of motor oil can contaminate 1 million gallons of drinking water. When the rain hits the pavement, where does the stormwater for this station go? Is it all contained on site or does some of it flow into Biscayne Bay through an outfall? Where is that outfall - in the adjacent canal? Once the station is up and running, what's to keep the owner from digging an illegal outfall if they have drainage problems? Is there an oil-water separator for stormwater in the site plan? How will it be maintained? You can't know the answers to any of these questions because there is no site plan yet, only "promises" that you can't enforce. Your vote to approve this land use change will open the door to potential problems for the neighborhood and for the Bay. Can't we do better for the neighborhood and the Bay? You are not required by any law to change land use to suit the property owner. If you say no, the property owner has to come up with a use that's compatible with the existing land use. That's what we want. Guest User Location: Submitted At: 2:54pm 01-04-22 Gwen Burzycki, 50 NE 108 Street. I oppose the change in Land Use designation. First, the Planning and Zoning Board has recommended denial for very good reasons, including opening the door to future uses that are highly incompatible with the adjacent residential area, creation of low-grade pollution that can harm Biscayne Bay and the adjacent residential neighborhood, and elimination of the possibility for developing high quality multifamily residential use such as apartments or condos priced for professionals such as nurses, teachers, law enforcement staff. You should be listening to this Board; they have put together a thoughtful and thorough analysis. Second, the adjacent neighborhood is opposed. We elected you to represent us, and going against the wishes of the neighbors is just WRONG. Third, the gas station is an especially bad proposed use for that location. Gas stations are, by their very nature, filthy businesses, which is why they need special storage tanks and special stormwater management systems, both of which require maintenance that MAY OR MAY NOT happen as this facility gets older. Think ahead to 20 years down the road. Have you watched people filling external tanks? Spillage of small amounts of gasoline is routine. Patrons can buy engine oil and dump it into the engine right in the parking lot, spilling drops of oil on the pavement. One drop of motor oil can contaminate 1 million gallons of drinking water. When the rain hits the pavement, where does the stormwater for this station go? Is it all contained on site or does some of it flow into Biscayne Bay through an outfall? Where is that outfall - in the adjacent canal? Once the station is up and running, what's to keep the owner from digging an illegal outfall if they have drainage problems? Is there an oil-water separator for stormwater in the site plan? How will it be maintained? You can't know the answers to any of these questions because there is no site plan yet, only "promises" that you can't enforce. Your vote to approve this land use change will open the door to potential problems for the neighborhood and for the Bay. Can't we do better for the neighborhood and the Bay? You are not required by any law to change land use to suit the property owner. If you say no, the property owner has to come up with a use that's compatible with the existing land use. That's what we want. Guest User Location: Submitted At: 1:14pm 01-04-22 Together with the Director of Planning & Zoning and the Planning & Zoning Board, I urge you to DENY this request to change the Future Land Use Map for this developer. The FLUM goal is to "Ensure that the character and location of future land uses provides high economic and quality of life benefits while preserving natural resources, residential character and appropriate levels of public services". A change to the FLUM would not provide quality of life for the residences in this area. The applicant proposes a gas station which would bombard us with noise pollution, light pollution and pollution from chemicals which are released into the atmosphere from the UST stacks or leaks from the UST's themselves. As has already been discussed so many times here, there is NO SAFE LEVEL FOR BENZENE. Additionally, the spillage of gas, oil and other pollutants onto the increased hard surfaces will eventually run off into the Biscayne Canal and Biscayne Bay, causing further pollution and degradation of our water. This area is susceptible to flooding from extreme rain events and king tides, which makes it all the more important to protect the endangered environment by not allowing a gas station at this location. Other business options allowed under B2 would be equally detrimental to the fragile environment here, making it crucial to DENY a change in the FLUM. Additionally, with regard to Objective 2 of the FLUM, Protection of single family residential areas - all of the things mentioned above will not protect our homes, which will also lose property value because of the proximity to a gas station/convenience store. This request is not consistent with the Comprehensive Plan's Housing element in that it would remove the possibility of additional housing stock in the Village. Council members, please listen to your constituents and DENY this request to change the Future Land Use Map. Allan Respondek 1162 NE 105 Street Agenda Item: eComments for 6.B) AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, RELATING TO ZONING; AMENDING THE OFFICIAL ZONING MAP TO REFLECT A DISTRICT BOUNDARY CHANGE; REZONING CERTAIN PROPERTY, BEARING FOLIO NUMBER 11-2230-001-0500, CONSISTING OF 1.08 ACRES (+/-) FROM A2 TO B2; PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). Overall Sentiment Guest User Location: Submitted At: 12:21pm 01-04-22 Dear Council, I know you have heard hundreds of residents who are opposed to the zoning change at 105th St/Biscayne. I also know that you all are looking at the tax revenue increase this change can bring to the Village. And, I know you are not voting on the proposed project but, on whether or not to change the zoning classification. It seems very clear that all who oppose this change in zoning is because of the gas station portion of the project. I have spoken to some of you who also expressed that the gas station is the sticky wicket and, yet, you are actually considering passing this ordinance. EVERYONE is concerned about the environmental ramifications to the canal and the bay. So, how can we prevent an environmentally dangerous project and still have responsible development that will satisfy neighbors and add to the village coffers? Is it possible to vote NO on the request to change to B2 but with a suggestion that you might consider approving a change to B1 for this parcel of land? B1 zoning allows for restaurants, offices and retail but not more gas stations, auto mechanics, welding shops, etc that WILL be detrimental to the bay. Let another more developer request a change to B1 and propose a project we can all live with. Please put the residents and our environment first and vote NO for the change to B2. Kim Flower 301 NE 98th St Guest User Location: Submitted At: 1:01pm 12-31-21 My name is Timm Duerkop and I live since 10 years at 1250 NE 94 ST in Miami Shores. I oppose the planned rezoning to commercial. One of the reasons why I am against it is because a gas station at this location will only add crime and traffic to the area. Agenda Item: eComments for 8.A) DISCUSSION AND POSSIBLE ACTION REGARDING INSTALLATION OF ADDITIONAL CROSSWALKS (SPONSORED BY: VICE MAYOR DANIEL MARINBERG). Overall Sentiment John Ise Location: Submitted At: 2:19pm 01-04-22 Kudos to Council for raising the issue of crosswalks on Miami Ave. But just the first step. 103rd, 96th, NE 2nd Ave. all need something. And something better at Biscayne & 96 (try riding your bike east to bay and you'll get the gist). Plus, opt for crosswalk design with a pedestrian island in the middle of the street and a flashing stop sign as opposed to the blinking pedestrian lights (on 6th) that often don't get the Mad-Max Miami motorist to slow down, much less stop.