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2025-02-18 Council Meeting Minutes*000h Zu�2e r OhmAG MEETING MINUTES FEBRUARY 18, 2025 6:30 PM COUNCIL CHAMBERS 1) CALL TO ORDER Mayor Burch called the meeting to order at 6:33 PM. 2) MOMENT OF SILENCE / PLEDGE OF ALLEGIANCE 3) ROLL CALL Present: Mayor George Burch Vice Mayor Jesse Valinsky arrived at 6:36 PM Councilmember Jerome Charles Councilmember Sandra Harris Councilmember Neil Cantor Also Present: Village Manager Esmond Scott Village Attorney Chanae Wood Village Clerk Ysabely Rodriguez 4) ORDER OF BUSINESS Village Attorney Wood requested to hear item 11A before item 10A. Councilmember Harris moved to approve the order of business as amended. Councilmember Charles seconded the motion which carried a 4-0 voice vote. 5) PRESENTATIONS 5.A A PRESENTATION ON THE STATUS OF THE PEOPLE'S TRANSPORTATION PLAN (PTP) AND MIAMI DADE COUNTY'S TRANSIT PROJECTS BY THE EXECUTIVE DIRECTOR OF CITT (STAFF: PUBLIC WORKS DIRECTOR). Vice Mayor Valinsky arrived at 6:36 PM. Executive Director of Citizen's Independent Transportation Trust (CITT) Javier Betancourt along with Municipal Program Manager, Mariana Price, presented information on a one half cent sales tax increase to fund transportation improvements under the people's transportation plan. Mr. Betancourt highlighted how much the tax has generated and where the funds have been allocated. Ms. Price gave insight to on demand services used in the Village such as a fixed route shuttle. The Village has had a 29% increase in ridership from FY 23-24 and has received approximately $707,000 in funding. Approximately half of these funds have been disbursed. Ms. Price acknowledged Village staff for submitting reports to CITT in a timely manner to keep the Village in compliance. Mr. Betancourt gave further information regarding the Strategic Miami Area Rapid Transit (SMART) signals which is an advance management system. These traffic signals are being upgraded to provide more efficiency to allow traffic to flow more quickly. Investments have been made in transit to upgrade the existing systems and to replace fleets. Mr. Betancourt expounded on the Miami -Dade County and the Transportation Planning Organization's (TPO) focus on the development of the SMART plan. The plan is to expand rapid transit service throughout the Metro Miami -Dade area. CITT is focused on locating additional funding for these projects including special assessment districts, parking revenues to close the funding gap. Additionally, CITT wants to ensure the counties and cities are connected with each other to improve the customer experience. A CITT Ambassador Program was enacted to give riders the opportunity to provide feedback on how to improve the system. Mayor Burch asked if cities would lose zoning controls along the transit corridors. Mr. Betancourt defined these areas as rapid transit zones. He explained the County can take over zoning within a half mile of a station or corridor within areas they deem necessary as the County supersedes the cities in zoning matters. The County has moved forward on zones in the unincorporated areas and have up -zoned those areas. Cities will be given time to re -zone before the County re -zones certain areas for population density reasons. No action was taken. 6) BOARDS/COMMITTEES REPORT 6.A EDUCATION ADVISORY BOARD ANNUAL REPORT (PRESENTED BY: CHAIRPERSON KATHRYN MASON). Education Advisory Board (EAB) Chair, Kathryn Mason and board member Dana Vignale presented their annual report. Their presentation focused on the accomplishments in relation to the Education Compact, and future progress as main objectives. There was an emphasis on the 2025 Survey which gathered more responses from residents and consisted of positive feedbacks regarding the Miami Shores Elementary School (MSES) tours. Ms. Mason reported that 10% of MSES is made up of students outside of the Village as a choice transfer. The EAB has advocated for the consideration of a joint -use agreement between Miami Shores Village and the school within the Parks and Recreation Master Plan for landscaping and beautification of the property. Ms. Vignale stated the school is working very hard to ensure they are offering programs that parents want in a community school. Ms. Mason announced the board is working on monthly articles, an education page on the Village website, community educational seminars, fundraising activities and the continuation of driving more engagement between the school and community. The board will host a breakfast and tour at Miami Shores Elementary for realtors in the community. The breakfast is meant to arm realtors with information to pass along to prospective homeowners about school choice options. Councilmember Cantor thanked the board members for their efforts in conducting the school tours. Mayor Burch also noted there are students enrolled in the Cambridge program that reside in other cities, asking if other cities could be contacted to contribute to said program. Ms. Vignale mentioned the use of the February Full Time Equivalent (FTE) count which captures the student enrollment and will have data on where the students are coming from after the February report closes. Mayor Burch asked if the EAB had funds allocated in the Village budget how would the board spend the funds. Ms. Mason stated she would ask the board and MSES to determine where additional funds could be used, especially for beautification projects. 7) MANAGER'S UPDATE No updates were provided by the Village Manager. 8) PUBLIC COMMENTS Pedro Gassant with Holland and Knight Law Firm asked for the two single-family home applications in relation to the Bert Harris case be analyzed by the Village per the Village code or ordinances at the time of the submission. Mr. Gassant stated the pre -suit notice was filed as the Village allegedly failed to provide the requested review. John Ise spoke in support of the completion of the Barry-Lennar project. Janet Goodman thanked Village Manager Scott and the Public Works staff for their assistance in the aftermath of a car accident which impacted her property. She further thanked Planning and Zoning for their recommendations affecting CR district. Jessica Pluhar raised concerns regarding the impact on traffic at 103rd and North Miami Avenue in relation to adding more residential homes in the Barry University area. Smilka Melgoza spoke about the rising housing costs in Miami Shores and spoke in support of the proposed townhome project. She also thanked the Council for their service, leadership and vision. Karen Smith-Gulaskey spoke in support of the Lennar proposed townhouse community and asked Council to correct issues with the current draft proposal before approval. Matt Allen expressed concern regarding the delays that have impacted the proposed Lennar project. Jason Yao spoke in support of the proposed Lennar project and supported Barry University. Dennis Pena spoke about the importance of respect, noting the delays with the Lennar development project. Christian Ulvert spoke in favor of the proposed Lennar project and of land to be designated for Doctors Charter School. Dana Vignale spoke in support of the Barry University-Lennar project, advocating for a turf field and gymnasium for Doctors Charter School and asked Council to reconsider the proposed ordinance. Carol Respondek spoke in support of the deliberations of the Planning and Zoning board concerning the CR District, asking Council to support their recommendations. She asked for more pervious pavers, pool decks, and driveways. Angela Marinas asked Council to consider the greater good that would improve neighboring traffic in the Northwest. Ms. Marinas spoke in opposition to townhomes in the area. Liana Kozlowski with Shubin Law Group raised concerns that the proposed ordinance was too complex and suggested the suggested certain provisions be removed. Linda Schwartz spoke in opposition to townhomes and elaborated on the traffic problem. She suggested more green space is needed. 9) CONSENT AGENDA Vice Mayor Valinsky moved to approve the consent agenda. Councilmember Charles seconded the motion which carried a 5-0 voice vote. 9.A APPROVAL OF THE JANUARY 7, 2025 VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). Passed on consent. 9.B APPROVAL OF THE JANUARY 21, 2025 VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). Passed on consent. 9.0 APPROVAL OF THE FEBRUARY 4, 2025 VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). Passed on consent. 10) ORDINANCE(S) ON FIRST READING 10.A AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING APPENDIX A, ZONING, ARTICLE II, DEFINITIONS, SECTION 201, TENSE AND NUMBER; CERTAIN WORDS, TERMS DEFINED TO UPDATE DEFINITIONS; ARTICLE III, DISTRICTS AND DISTRICT MAP, SECTION 300(2) AND ARTICLE IV, ESTABLISHMENT OF REGULATIONS, SECTION 411, SCHEDULE OF REGULATIONS, TO INCLUDE THE COMMUNITY RESIDENTIAL DISTRICT; AND CREATING DIVISION 25, COMMUNITY RESIDENTIAL DISTRICT TO ESTABLISH REGULATIONS FOR THE (CR) COMMUNITY RESIDENTIAL DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. (STAFF: PLANNING AND ZONING DIRECTOR). Village Clerk Rodriguez read the caption of the Ordinance into the record. Village Manager Scott introduced Mr. Joseph Corradino of the Corradino Group to present information regarding the proposed establishment of regulation for division 25 Community Residential (CR) District. Mr. Corradino explained the numerous public engagement outreach initiatives conducted by staff, citing meetings, workshops, local contexts and resident input leading up to the community's recommendations. Mr. Corradino stated their results produced a suburban townhome zoning code customized to Miami Shores. Mayor Burch opened public comments. Mary Ivy thanked the Planning and Zoning Board and the Council for their hard work and for listening to residents' concerns. Andrew McIntosh spoke in support of the proposed ordinance. Maria McGuinness noted the various opportunities given to residents to provide input and learn about the proposed amendments. She raised concerns regarding misinformation. Village Clerk Rodriguez read eComments into the record. The Village Council recessed at 8:33 PM and resumed the meeting at 8:45 PM. Councilmember Charles read a portion of the staff recommendations concerning the proposed ordinance's consistency with the comprehensive plan and future land use map. Councilmember Harris asked Mr. Corradino for clarification on whether the recommendations are consistent with the comprehensive plan. Mr. Corradino noted the proposed zoning ordinance was assessed by staff and customized by the Planning and Zoning Board for Council's review. Councilmember Harris spoke in opposition to the proposed ordinance as presented. Village Attorney Wood clarified the Village is at the legislative stage of the process and not the site plan review phase though there may be an upcoming application. Mayor Burch stated the proposed amendments do not allow for flexibility. Councilmember Cantor asked Council to make the right decision for the Village, emphasizing the legislative zoning phase of the project. Councilmember Charles asked Mr. Corradino whether it is considered best practice for the Council to review the proposed ordinance line by line, if necessary, even though the Planning and Zoning Board has already done so. In response, Mr. Corradino confirmed that it would be appropriate. He added that the Council has the option to approve the ordinance as currently written or amend it as they see fit. Councilmember Harris then inquired whether the strikethroughs in the draft proposal were recommended by Mr. Corradino or the Planning and Zoning Board. Mr. Corradino explained that they were incorporated after the initial draft based on resident feedback. She expressed concern over the Planning and Zoning Board's revisions, suggesting that they should be weighed against Mr. Corradino's expertise. She recommended reviewing the proposed ordinance line by line. Village Attorney Wood provided clarity stating the draft proposal is a copy of the same ordinance showing the original information presented by staff with changes from the Planning and Zoning Board. Mr. Corradino answered a variety of questions posed by Councilmember Harris in relation to dimensions and sizes of townhomes in the Miami -Dade County area. Vice Mayor Valinsky expressed reservations about the possibility of double taxation, advocating for a lower HOA. He expressed support for making the roads public; however, he asked for more flexibility with road maintenance. Councilmember Cantor agreed with Vice Mayor Valinsky's comment. Mayor Burch asked Mr. Corradino to confirm there are 14 buildable acres and have allowed for 13 units per acre. Mr. Corradino answered in the affirmative. Mayor Burch asked if this would calculate 182 units. Mr. Corradino answered in the affirmative. Mayor Burch questioned the comprehensive plan does not allow for 182 units. Mr. Corradino responded to Mayor Burch's inquiry by stating the comprehensive plan allows for up to 13 units per acre. Village Attorney Wood mentioned on line 449, under the universal design standards, the language was changed and should reflect "strongly encouraged". Councilmember Harris asked Mr. Corradino to comment on the `no roof decks' portion of the draft. He replied roof decks could pose noise or light nuisance. Village Attorney Wood clarified language regarding the landscape impervious area and soil water management will be confirmed with Miami Dade County if it needs to be changed. Vice Mayor Valinsky proposed amending Section K, stating the HOA should not be in charge of green space. Vice Mayor Valinsky moved to amend section K of the ordinance with regard to the responsibility of the public green spaces. Councilmember Cantor seconded the motion which carried a 5-0 voice vote. Councilmember Charles posed questions to Mr. Corradino regarding the integrated street grid and Item X, regarding loading spaces. Mr. Corradino replied integrated streets refer to two-way street traffic and item X provides space for loading and unloading at move in and for deliveries. Mr. Corradino recommended going through each line item, discussing any compromises and measure a consensus to approve the new table. Vice Mayor Valinsky suggested to raise the maximum multi -family composition from 10% to 15%, and no more than 85% of the same property structure. Village Attorney Wood clarified the housing type could consist of for an example no more than 85% townhomes and 15% multi -family homes or any variation. Vice Mayor Valinsky moved to amend line item 175 to reflect raising the maximum amount of multi -family units from 10% to 15% and 85% townhomes. Councilmember Cantor seconded the motion which carried a 5-0 voice vote. Mayor Burch suggested a Council workshop to review all line items. Councilmember Harris proffered a reduction in parking from 2.5 to 2.0. Mr. Corradino noted it depends on the number of units. Councilmember Harris rescinded her request. Councilmember Cantor moved to approve the ordinance as amended. Councilmember Charles seconded the motion, which carried a 3-2 voice vote. Mayor Burch and Councilmember Harris voted in opposition. 0 11) RESOLUTION(S) 11.A A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING THE STATEMENT OF ALLOWABLE USES, RESPONSE, AND SETTLEMENT OFFER IN RESPONSE TO THE CLAIM FILED BY BLUENEST HOMES, INC. UNDER THE BERT J. HARRIS, JR., PRIVATE PROPERTY RIGHTS PROTECTION ACT; AND PROVIDING FOR FINDINGS, APPROVAL, AUTHORIZATION, AND AN EFFECTIVE DATE (STAFF: VILLAGE ATTORNEY). Village Clerk Rodriguez read the caption of the Resolution into the record. Village Attorney Wood provided opening remarks, stating that on November 27, 2024, the Village received a notice of claim from Bluenest Homes, Inc. under the Bert J. Harris, Jr., Private Property Rights Protection Act. The claim pertains to two properties: 9305 NE 9th Avenue and 78 NE 98th Street. Attorney Wood explained that Bluenest alleges governmental action has inordinately burdened these properties and is seeking relief under the Act. Attorney Wood then turned the presentation over to Alicia Gonzalez, an attorney at Weiss-Serota Helfman Cole Bierman, requesting Council's direction on the response letter, a statutory requirement that outlines the allowable uses of the properties under the Village's existing Code of Ordinances. Attorney Gonzalez noted that the Village has drafted this portion of the response. She further explained that the statute mandates the Village to provide a substantive reply to the claim letter, detailing the Village's position and addressing all allegations raised by Bluenest. The response also includes the Village's settlement offer to the property owner. Attorney Gonzalez requested Council's guidance on the settlement offer. Mayor Burch opened public comments. Katia Saint Fleur spoke against the denial of two applications that met the requirements outlined in the Village code, underscoring potential adverse effects on the Village. Seeing no approach the lectern, Mayor Burch closed public comments for this item. Vice Mayor Valinsky moved to approve the resolution with a settlement offer that includes the reimbursement of all application fees. Councilmember Charles seconded the motion, which carried a 3-2 voice vote. Mayor Burch and Councilmember Harris voted in opposition. 12) DISCUSSION & POSSIBLE ACTION ITEMS 12.A DISCUSSION AND POSSIBLE ACTION ON WATER TABLE AND GROUND LEVELS IN MIAMI SHORES (SPONSORED BY: MAYOR GEORGE BURCH). This item was deferred to the March 4, 2025 Council Meeting. 12.13 DISCUSSION AND POSSIBLE ACTION REGARDING BOARDS AND COMMITTEES (SPONSORED BY: MAYOR GEORGE BURCH). This item was deferred to the March 4, 2025 Council Meeting. 12.0 DISCUSSION AND POSSIBLE ACTION ON WILDLIFE ISSUES (SPONSORED BY: MAYOR GEORGE BURCH). This item was deferred to the March 4, 2025 Council Meeting. 13) MANAGER'S REPORT No updates were provided by the Village Manager. 14) ATTORNEY'S REPORT No report from the Village Attorney. 15) ANNOUNCEMENTS There were no announcements. 16) VILLAGE COUNCIL COMMENTS There were no Village Council comments. 17) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 9:46 PM.