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11-03-2015 Regular MeetingMIAMI SHORES VILLAGE 10050 N.E.2nd Avenue Miami Shores, Florida 33138 Barbara Estep, MMC Village- Clerk MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The Miami Shores Village Council held their regularly scheduled Council Meeting on Tuesday, November 3, 2015 in the Council Chambers of Village Hall. The meeting was called to order at 6:30 PM with the following individuals present: PRESENT: Alice Burch Steven Zelkowitz MacAdam Glinn Herta Holly Ivonne Ledesma ALSO PRESENT: Tom Benton, Village Manager Barbara Estep, Village Clerk Richard Sarafan, Village Attorney PRESENTATION Ms. Susan Ackley, Chair of the Fine Arts Commission provided the Council with a brief presentation regarding the activities of the Fine Arts Commission. CONSIDERATIONS 1) PUBLIC WORKS Scott Davis A) PRESENTATION OF THE MULTIMODAL MOBILITY STUDY CONDUCTED BY STEWART ROBERTSON OF KIMLEY HORN ENGINEERING. Public Works Director (and cycling enthusiast), Scott Davis, provided general information and background regarding the study. Mr. Davis then introduced Mr. Stewart Robertson from the Kimley Horn engineering firm who conducted the subject study. Mr. Robertson provided highlights from the report via a power point presentation. Following his report, individual Council Members comments on the results of the study and it was requested of the Administration that a funding presentation be compiled and provided to the Council for consideration. 2) FINANCE DEPARTMENT Holly Hugdahl A) APPROVAL TO WAIVE THE BID PROCESS AND PURCHASE REPLACEMENT COMPUTERS FROM ADVANTAGE NETWORKING INC IN THE AMOUNT OF $58,488.52. Mr. Benton offered background information regarding the replacement of computers, indicating that the proposed prices are lower than the State contract price. Councilwoman Holly moved to accept the recommendation of the Staff as presented. Councilman Glinn seconded the motion for discussion. Council discussion centered around the bid process and the condition of the computers scheduled for replacement. Residents Elizabeth Cowen, William Wells and Dennis Leyva spoke about the need to put the computers out for bid. Subsequently, the original motion was withdrawn and Vice Mayor Zelkowitz moved to direct Staff to bid out the replacement computer purchase. Councilwoman Ledesma seconded the motion and the vote was unanimous in favor of the motion. B) APPROVAL TO EXECUTE SERVICE CONTRACT EXTENSION WITH ADVANTAGE NETWORKING INC. FOR IT CONSULTING AND MAINTENANCE SERVICES. This item was withdrawn at the request of the Administration. 3) VILLAGE CLERK Barbara A. Estep A) APPROVAL OF THE OCTOBER 20, 2015 COUNCIL MEETING MINUTES. Vice Mayor Zelkowitz moved to approve the October 20, 2015 Minutes as presented. Councilwoman Holly seconded the motion and the vote was unanimous in favor of the motion. 4) VILLAGE PLANNING DEPARTMENT David Dacquisto A) AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES, FLORIDA, ADOPTING THE 2016 CAPITAL IMPROVEMENTS PROJECT SCHEDULE ANNUAL UPDATE TO THE MIAMI SHORES VILLAGE 2025 COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. 2nd Reading Ms. Estep read the caption of the ordinance into the record and indicated that the ordinance satisfies a requirement relating to updating the Village's Comprehensive Plan on file with the State. Vice Mayor Zelkowitz moved to adopt the proposed ordinance on second reading. Councilwoman Holly seconded the motion. Mayor Burch opened the floor for the public hearing but as no one came forward to speak, she subsequently closed the public hearing and called the question which resulted in a unanimous vote in favor of the motion. B) AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING THE MIAMI SHORES VILLAGE CODE OF ORDINANCES BY REPEALING CHAPTER 4, ALCOHOLIC BEVERAGES; TO ADOPT A NEW CHAPTER 4, ALCOHOLIC BEVERAGES, TO INCLUDE INCORPORATING CERTAIN PROVISIONS CURRENTLY CONTAINED IN THE ZONING "APPENDIX A" RELATING TO SPECIAL APPROVALS BY THE VILLAGE COUNCIL, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. 2nd Reading C) AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING THE VILLAGE'S CODE OF ORDINANCES, "ZONING APPENDIX A" TO ADD WINE CAFE TO THE LIST OF PERMITTED USES IN THE B-1 ZONING DISTRICT WITHIN THE SCHEDULE OF REGULATIONS; TO ALLOW FOR THE CONSUMPTION OF ALCOHOLIC BEVERAGES ON PREMISES CONDITIONAL ON MEETING CERTAIN CRITERIA; TO PROVIDE FOR OFF- STREET PARKING REGULATIONS; AND TO DELETE AND RESERVE SEC. 610 GRANTING OF SPECIAL APPROVAL TO RESTAURANTS FOR CONSUMPTION OF BEER AND WINE ON PREMISES; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. (2nd Reading) Ms. Estep read the caption of the ordinances into the record, indicating that the ordinances may be discussed simultaneously but that they must be voted upon separately. The Village's Planning Director, David Dacquisto reviewed the changes included in the latest version of the ordinances which reflect the discussions taking place at the last Council Meeting. Those changes include the addition of a 20 seat minimum and a 20% food sales requirement for the wine and craft beer cafes. Mr. Dacquisto reviewed the differences between version 1 and version 2 of the proposed Chapter 4 amending ordinances, with version 1 allowing for restaurants and wine and craft beer cafes in both the B1 and B2 zoning district; and version 2 allowing for restaurants only in B1 and restaurants and wine and craft beer cafes in the B2 zoning district. Council Members offered opinions regarding the proposals. Councilwoman Holly then moved to adopt version 2 of the proposed ordinance as presented as Item 4B. The motion died for lack of a second. Vice Mayor Zelkowitz then moved to adopt version 1 of the proposed ordinance as presented in Item 4B. Councilman Glinn seconded the motion. Vice Mayor Zelkowitz thanked the Staff and the Planning & Zoning Board members for their work on the ordinance. He indicated that he believes the ordinances balance the resident's new needs with the historical needs of the community. Vice Mayor Zelkowitz went on to propose two minor amendments to the text of version 1, the first relating to the triggering mechanism to send an application to the Village Council (written letter of opposition by an owner of property within 500 feet of the application location), and secondly, a 45 calendar day, rather than 45 business day cap on the allotted time frame for review by the Village Manager. Vice Mayor Zelkowitz moved to include the two amendments into the text of version 1 of the proposed ordinance as presented as Item 4B. Councilman Glinn seconded the motion. Following a discussion regarding the term craft beer and the intent of the Council, Councilman Glinn moved to further amend the proposed ordinance as presented as Item 4B to include a caveat in the definition of Wine and Craft Beer Cafe to indicate that not less than 50% of the beer sold at a wine and craft beer cafe be craft beer. Vice Mayor Zelkowitz seconded the motion. With respect to Item 4C, Mayor Burch suggested that the parking component of the proposed Zoning Code amendment which is related to the allowance of alcohol sales may want to be set aside until such time as the planned downtown design plan is completed. The consensus was to not wait and to make the proposed amendments to the Zoning Code as presented. Vice Mayor Zelkowitz moved to adopt the proposed ordinance as presented as Item 4C. Councilwoman Ledesma seconded the motion. Mayor Burch opened the Public Hearing. Barry Asmus Mr. Asmus spoke of his concern for people close to downtown which will see additional parking problems on their properties. Todd Leoni Mr. Leoni spoke in support of the ordinances, indicating that the changes will help to build the downtown area. Ashley Pillar Ms. Pillar spoke in support of the changes indicating that she lives near downtown and is looking forward to having additional restaurants and wine/craft beer cafes. Bob Smith Mr. Smith spoke in support of the ordinances, indicating that the parking issues will work themselves out. Mary Benton Ms. Benton expressed her support stating that she loves the idea of being able to walk to downtown and enjoy a cocktail. Giselle Kovac Ms. Kovac stated that she had purposely purchased her home in the first block out from N.E. 2nd Avenue and does not believe that changing the code will devalue the nearby properties. Steve Mumby Mr. Mumby stated his support of the code changes and the need to reflect the needs of the community Dennis Leyva Mr. Leyva stated that he bought his home to have a vibrant downtown. Adriana Diaz Bergnes Ms. Diaz-Bergnes indicated that she and her partner bought their home because they saw potential in the downtown area. William Wells Ms. Wells suggested that there are economic ways to resolve the parking issue. Dick Direnzo Mr. Direnzo spoke in support of the ordinances. • • • John Berryman businesses. Mr. Berryman suggested that the code changes would assist the downtown Julio Martinez Mr. Martinez spoke of the parking issues that neighboring homes already deal with and suggested that the Council is taking the parking issues too lightly. Elizabeth Cowen Ms. Cowen stated that she purchased her home in order to walk to N.E. 2nd Avenue but agreed that neighboring homes should have some protection for their swales. Anne Mennes Ms. Mennes spoke of the existing parking problems due to the 9999 Building and Library programming. Pat Gispert Ms. Gispert echoed the concerns of Ms. Mennes stating that there is a parking shortage at the northern end of the business district. Jerry Lance Mr. Lance spoke of parking problems due to the churches and believes the problems will get worse. Michelle Hedley Ms. Hedley indicated that it is a trend to live close to downtown and is happy to see so many new residents. With no additional people wishing to speak, Mayor Burch closed the public hearing. Council members held a brief discussion regarding the residents' concerns with parking on the swales and the possibility of looking into residential parking passes. Following these discussions, Vice Mayor Zelkowitz moved to adopt Version 1 of the ordinance presented as Item 4B with the amendments proposed by himself and Councilman Glinn. Councilwoman Ledesma seconded the motion and the vote was 4 to 1 in favor of the motion with Councilwoman Holly dissenting. As Vice Mayor Zelkowitz had previously moved to adopt the ordinance as presented in Item 4C and Councilwoman Ledesma had seconded the motion, Mayor Burch called for the vote which was 4 to 1 in favor of the motion with Councilwoman Holly dissenting. 5) VILLAGE COUNCIL A) AMENDING CHAPTER 20, "STREETS, SIDEWALKS AND OTHER PUBLIC PLACES" BY CREATING ARTICLE VI "TARGETED PICKETING" RELATING TO CERTAIN PROHIBITIONS AND LIMITATIONS ON PICKETING AT A RESIDENCE OR DWELLING WITHIN THE VILLAGE; PROVIDING FOR CRIMINAL PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (2nd Reading) Steven Zelkowitz B) AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL AMENDING CHAPTER 10, "HEALTH AND SANITATION" BY AMENDING SECTION 10-5 "MAINTAINING SOURCE OF NOXIOUS ODORS OR GAS, DISTURBING NOISE OR OTHER NUISANCE" RELATING TO CERTAIN PROHIBITIONS AND LIMITATIONS ON USE OF LOUD NOISE DEVICES WITHIN THE VILLAGE; PROVIDING FOR CRIMINAL PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (2nd Reading) Steven Zelkowitz Ms. Estep read the caption of the ordinances into the record. The two ordinances are related and Ms. Estep reminded the Council that they could be discussed together but they would require separate motions and voting. Councilman Glinn confirmed that after checking with the Village Attorney, he does not have a voting conflict and will be voting upon the proposed ordinances. Vice Mayor Zelkowitz moved to adopt Item 5A as proposed. Councilwoman Holly seconded the motion. Mayor Burch opened the floor for the public hearing. William Wells Mr. Welts spoke against the ordinances indicating that it was a freedom of speech, first amendment right to protest and picket. Giselle Kovac Ms. Kovac spoke of the need to protect residents. Steve Mumby Mr. Mumby voiced his support of the ordinances, indicating that it does not curtail freedom of speech but protects against bullying. Dick Direnzo issue. Mr. Direnzo echoed Mr. Mumby's comments, stating it is not a first amendment Cesar Crousillat Mr. Crousillat reiterated that this instance is not a freedom of speech issue. Adam Mueller Mr. Mueller spoke about the ability to have the discussion and the Council's ability to protect the residents. With no additional speakers coming forward, Mayor Burch closed the public hearing and called for the vote on Item 5A. The vote was unanimous in favor of the motion. Mr. Sarafan requested that a subparagraph notation be inserted within the text of the proposed ordinance. Vice Mayor Zelkowitz then moved to adopt Item 5B as corrected. Councilwoman Holly seconded the motion and the vote was unanimous in favor of the motion. C) DISCUSSION AND POSSIBLE ACTION REGARDING THE PROCESS FOR THE POTENTIAL RENEGOTIAITON OF THE LEASE WITH DOCTORS CHARTER SCHOOL. Vice Mayor Zelkowitz read an e-mail from Doctors Charter School Board Chair, David Benjamin, into the record and summarized his subsequent conversation with Mr. Benjamin. Vice Mayor Zelkowitz indicated that there are two issues, money and money: the amount of money to be paid by the School going forward and the money that the School has paid to the Village throughout the years. The Vice Mayor advised Mr. Benjamin that Councils do not negotiate leases. That task is delegated to the Administration; in this case the Village Manager and Village Attorney. Vice Mayor Zelkowitz then moved to delegate the renegotiation of the lease agreement as outlined in the previous discussion. Councilwoman Holly seconded the motion. Individual Council Members offered their comments regarding the motion. Charter School Board Chair, David Benjamin thanked the Vice Mayor for putting the item on the agenda. Mayor Burch then called for a vote on the motion which was unanimous in favor of the motion. D) DISCUSSION AND POSSIBLE ACTION REGARDING SETTING A DATE/TIME FOR A COUNCIL WORKSHOP SESSION. Alice Burch Mayor Burch proposed using the November 17th meeting date as a workshop meeting in order to discuss and prioritize planned projects. Mayor Burch mentioned having had a discussion with an elected official from Aventura and spoke of Aventura's one meeting, one workshop per month model. Councilman Glinn indicated that he had witnessed the Aventura model work in many municipalities. Council Members then began a discussion regarding the possibility of engaging a facilitator for a visioning session. At the conclusion of the discussions, the Council decided to conduct a regular workshop meeting on November 17t and the possibility of a visioning session with a facilitator will be brought up at a future date. 6) ANNOUNCEMENTS Ms. Estep read the announcements. 7) PUBLIC COMMENTS None • • • 8) COUNCIL COMMENTS Ivonne Ledesma Spanish. Councilwoman Ledesma spoke of the meeting location and offered a welcome in Steve Zelkowitz Vice Mayor Zelkowitz spoke of Green Day and the 5K race hosted by the Recreation Department; congratulating the Mayor on her medal performance. Alice Burch announcements. Mayor Burch welcomed Mac Glinn to the Council and made a number of 9) ADJOURNMENT The Tuesday, November 3, 2015 Council Meeting was adjourned at 9:23 PM Barbara A. Estep, MMC Village Clerk Alice Burch, Mayor Barbara A. Estep, MMC, Village Clerk