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HomeMy Public PortalAbout2017-05-16 Regular MeetingBAL HARBOUR Mayor Gabriel Groisman Assistant Mayor Seth E. Salver Councilman David J. Albaum Councilwoman Patricia Cohen Councilman Jeffrey P. Freimark - VILLAGE - VILLAGE COUNCIL REGULAR MEETING MINUTES MAY 16, 2017 AT 7:00 P.M. Village Manager Jorge M. Gonzalez Village Clerk Dwight S. Danie Village Attorneys Weiss Serota Helfman Cole & Bierman, P.L. Sea View Hotel, 9909 Collins Ave, Miami Beach, FL 33154 CALL TO ORDER/PLEDGE OF ALLEGIANCE - Mayor Groisman called the meeting to order at 7:00 PM. The following were present: Mayor Gabriel Groisman Assistant Mayor Seth Salver Councilman David Albaum Councilwoman Patricia Cohen Councilman Jeffrey Freimark Also present: Jorge M. Gonzalez, Village Manager Dwight S. Danie, Village Clerk Richard J. Weiss, Village Attorney Susan L. Trevarthen, Village Attorney Gail Serota, Village Attorney Michael Miller, Village Planning Consultant The Pledge of Allegiance was led by Mayor Groisman. REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS Kent Harrison Robbins (9200 West Bay Drive, Bay Harbor Islands) requested qualified intervenor status stating the construction will impact his health. Mayor Groisman asked if his definite interest exceeded the general interest in the good shared in common with all citizens. Mr. Robbins stated his driving by the Shops exceeds what most people will be impacted that live in Bal Harbour. John Shubin (Shubin & Bass, representing the Bal Harbour Shops) stated that these proceedings were record -based and it is Mr. Robbins' obligation to submit evidence into the record and not just make conclusory statements. He also stated that Mr. Robbins represeneted Councilwoman Cohen in litigation by the Bal Harbour Shops agains the Village, and it was incumbent upon the Council to get full disclosure of Councilwoman Cohen's communications with Mr. Robbins related to this application. Bal Harbour Village Regular Council Meeting Minutes — May 16, 2017 Page 11 Mayor Groisman asked Councilwoman Cohen if she was going to recuse herself, to which she responded that she would. There was no objection from Saks. Mayor Groisman for a motion to grant intervenor status to Mr. Robbins. There was not motion. Juan Carlos Planas (KYMP Law, Brickell World Plaza 600 Brickell Ave. ,Miami) stated that he represented Lynn Bloch Mullen and that she would like to be granted intervenor status.. Mayor Groisman asked if he had registered as a lobbyist on her behalf, to which Mr. Planas responded that he is registered to represent a group that she is a part of. Mayor Groisman replied that in order to speak for her as an individual, he needed to register as a lobbyist for her as an individual. Lynn Bloch Mullen (10150 Collins Ave.) stated that she lived a few buildings away from the Shops site that she couldn't help the fact that she was an "old lady" and the fact that she has asthma has nothing to do with the expansion. Mr. Shubin stated that Ms. Mullen lives 7 buildings north of the Fairfield site and that she had no evidence other than conclusory statements to establish that she will have special damages. Mayor Groisman asked for a motion to grant Ms. Mullen qualified intervenor status, to which Councilwoman Cohen made the motion. There was no second to the motion. Neil Alter (9801 Collins Avenue) stated that he could be 350 yards from the shops and offered his candidacy as an intervenor. Mayor Groisman asked him how his interests were different than any of the other residents of the Bal Harbour Community, to which Mr. Alter replied that he lives closer that people in the Kenilworth. Mr. Shubin stated that proximity under the case law was not enough, and that Mr. Alter had submitted no evidence other than his conclusory statements. Mayor Groisman asked for a motion to grant Mr. Alter qualified intervenor status, to which Councilwoman Cohen made the motion. There was no second to the motion. REGULAR COUNCIL MEETING AGENDA R1 Bal Harbour Shops Expansion Project R1 A Bal Harbour Shops Expansion - Village Manager's Report (VILLAGE MANAGER) QJ- QUASI JUDICIAL ITEMS (FOLLOWING THE PROCEDURES OF SECTION 2-201 ET SEQ., VILLAGE CODE) QJ1 A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN BAL HARBOUR SHOPS, LLLP AND BAL HARBOUR VILLAGE; AUTHORIZING VILLAGE OFFICIALS TO IMPLEMENT THE TERMS AND CONDITIONS OF THE AGREEMENT; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT; AUTHORIZING THE Bal Harbour Village Regular Council Meeting Minutes — May 16, 2017 Page 12 VILLAGE MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS TO IMPLEMENT THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Groisman described the how the Council would proceed stating that presentations would be shorter in order to allow more time for public input. Mayor Groisman then announced that Saks Fifth Avenue (Saks), had requested to be considered a qualified intervenor, and that the first action of the Council would be hear their arguments and then determine their status, adding that the Village Attorney had opined that they are a qualified intervenor. Darrel Payne (Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A) attorney for Saks introduced himself and Brian Pall (Hudson Bay Company) and then asked Mr. Pall as series of questions regarding Saks at the Bal Harbour Shops concluding that Saks has an interest greater than the general community. John Shubin (Shubin & Bass, P.A.) attorney for the Bal Harbour Shops questioned Mr. Pall regarding the Saks at the Bal Harbour Shops and concluded that the issues presented by Saks encompassed private contractual grievances and not a special injury and that the expansion of in -line stores competes with Saks. MOTION: A Motion to approve Saks Fifth Avenue LLC as a qualified intervener was moved by Councilwoman Cohen and seconded by Mayor Groisman. ROLL CALL Yes No Mayor Gabriel Groisman X Assistant Mayor Seth E. Salver X Councilman David J. Albaum --- X Councilwoman Patricia Cohen X Councilman Jeffrey P. Freimark X Vote: The Motion by roll call vote (4-1). Mayor Groisman announced the times that would be allotted for the applicant, participants, and staff and for public comment for the hearing procedures according to Section 2-206 of the Village Code. Ms. Trevarthen further explained the hearing procedures adding that the Village had determined that the portion of the hearing regarding the Development Agreement would be treated as a quasi-judicial item, after which she read the quasi-judicial statement into the record. Ms. Trevarthen read the procedures for quasi-judicial hearings. Disclosure of Ex-Parte Communications by the Village Council Councilmembers acknowledged that the items on the agenda had been under discussion for many years under several iterations, and had been discussed at various workshops and numerous Council meetings, and that members of the Council had received progress reports, public comment, and extensive communications with the applicant, residents, property owners, and other interested parties containing facts, opinions and arguments for Bal Harbour Village Regular Council Meeting Minutes — May 16, 2017 Page 13 and against the proposed expansion. Councilmembers then acknowledged having received these communication, that they were willing and able to consider the application based only on the evidence in the written record. Swearing in of Speakers by the Village Clerk The Village Clerk swore in those who would be providing testimony. Staff Presentation (10 minutes allotted) Mr. Gonzalez provided an overview of the application process stating that although the application currently under consideration was submitted in January of this year, the proposed expansion of the Shops is based on many years of review and analysis of iterations of proposals for expansion. He stated that although staff -driven, his review, analysis and recommendations involved extensive formal and informal input from Councilmembers, experts, residents, and other interested parties. He then read his recommendation that was included in the Agenda packet. Applicant Presentation (20 minutes allotted) John Shubin (Shubin & Bass, P.A.) stated that it was his belief that the consideration of the Development Agreement was not a quasi-judicial matter and that the proposal in front of the Council regards a development agreement between the Village and the Shops and is not a contract including Saks, and that testimony on this item should specifically directed to criteria defined in the Florida Statutes. Amy Huber (Shubin & Bass, P.A.) then provided a presentation of the criteria and how the development agreement meets those criteria ("Workshop Presentation_ April 25 2017-Revised.pdf" submitted to the public record. Intervener Presentation (20 minutes allotted) Darrel Payne (Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A) referred to Florida Statutes 286.0115 which states that "All decisions of the decisionmaking body in a quasi- judicial proceeding on local government land use matters must be supported by substantial, competent evidence in the record pertinent to the proceeding, irrespective of such communications" to support the development agreement. He stated that the agreement contained a lower parking minimum requirement and was conditioned on changes to zoning code parking requirements. He stated that no evidence or studies had been submitted for parking studies related to valet or the loading and unloading zone on 96th Street. He called witnesses Diana corpus (vice president and general manger of Saks), Susan O'Rourke (Susan E. O'Rourke, P.E., Inc.), Brian Pall (Hudson Bay Company), Kennith Metcalf (Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A). (Testimony_Qualifiedlntervenor_Saks_Apr25_2017.pdf, Testimony_Qualifiedlntervenor_Saks_BrianBaul_Apr25_2017.pdf, Testimony_Qualifiedlntervenor_Saks_SusanORourke_Apr25_2017.pdf, DeclarationOfKennithMetcalf_Apr25_2017 in the public record) Public Comment in Support of the Project (45 minutes allotted) Sylvia Espinosa (10185 Collins Avenue) spoke in favor of the expansion. Gil Waxman (10225 Collins Avenue) spoke in favor of the expansion and stated that in order to survive business need to evolve and that these changes would allow the Bal Harbour Shops to prosper and grow and enhance the values of properties. Bal Harbour Village Regular Council Meeting Minutes — May 16, 2017 Page 14 Elsie Howard (9999 Collins Avenue) stated that the discussions regarding the Shops expansion have devolved into discussion of traffic instead of opportunity of improving the community and urged Councilmembers to vote yes. Jim Hofford (8877 Collins Ave.) extended the community's thanks to the Whitman family and stated that they rely on a small army of expert market and financial analysts to maintain the Shops as a top luxury shopping destination in this country. Paul Pruess (10101 Collins Ave.) stated the Whitmans are valuable part of Bal Harbour and that Bal Harbour is a destination because of the Shops adding that if the Shops goes away property values will go down. Raymond Slate (10155 Collins Ave.) reflected on the history of expansion of Bal Harbour Village and stated that the founding fathers would be proud of what Bal Harbour has become and what the Whitmans have done for Bal Harbour. Buzzy Sklar (10275 Collins Ave.) spoke regarding the quality of life issue, stating that the impact of construction is outweighed by the public benefits and neighborhood enhancements offered in the agreement. Danielle Touboul (10225 Collins Ave.) commented that $122 Million in community improvements is a no-brainer and that her friends in Europe know and speak highly of the Bal Harbour Shops, and that this reputation should continue. Public Comment in Opposition of the Project (45 minutes allotted) Mark Fisher (284 Bal Bay Dr.) stated that he is not opposed but he was concerned that the Whitman might flip the property and that the 1% flip tax was insufficient. He added that the Whitmans should give up right to rezone property. Bill McCue (114 Park Dr.) commented that the Bal Harbour Shops is unique, but did not think this was the best use of the property. He stated that 7 years construction is not a little inconvenience. Adam Petrillo (172 Camden Dr.) stated that he was all for reasonable progress but he was concerned about the impact of daily lives, that he didn't believe that doubling of the size of the property was economically necessary and it would have a huge negative impact on the community. J. C. Planas (Kaplan, Young, Moll, Parron) representing the committee Good Government for Bal Harbour, and the Bal Harbour Neighbors Alliance stated that these individuals are in the latter stages of theirs lives will not see the Shops completed. He submitted into the record ViaPlanninglnc_ IndependentTrafficStudy_Apr24_2017.pdf. Lynne Bloch -Mullen (10150 Collins Ave.) stated that 7 years construction will hurt the economy of Bal Harbour. Ree Kelly (2000 Towerside Ter., Miami Shores) commented that if a major tenant of the Shops has so many issues, someone on the dais should take note and stated that the traffic study is the most important issue. Bal Harbour Village Regular Council Meeting Minutes — May 16, 2017 Page 15 Coleman Nee (90 Park Dr.) commented regarding the traffic study and was worried about fumes from traffic along Park Drive. Irwin Shaab (9801 Collins Ave. asked who was paying for the food and the event space, to which Mr. Gonzalez responded that the Bal Harbour Shops was pay through cost reimbursement. He asked if there is going to be a stop light along Park Drive. Brian Duke (Messer Caparello, Tallahassee, FL) representing the committee Good Government for Bal Harbour, and the Bal Harbour Neighbors Alliance the agreement contains no actions that mitigate the potential impacts the project will have on the Village. Daniel Holder (24 Bal Bay Dr.) said that he completed his own traffic study which shows the additional parking spaces would be the equivalent of three lanes of bumper to bumper traffic twenty-nine blocks long. He stated that the expansion is risky proposal given the trends of retail marketing. Kent Harrison Robbins (9200 West Bay Harbour Dr., Bay Harbour Islands) commented that he was very concerned about impact on 96th Street traffic. Guillermo Olmedillo (9293 Harding Ave., Surfside), Surfside Town Manager read from December 13, 2016 Surfside Resolution urging the Village of Bal Harbour to work cooperatively with the Town of Surfside to manage any quality of life impacts related to the Bal Harbour Shops expansion including mitiaging the traffic impact, realigning the intersection of 96th Street and Harding, balancing the landscaping on both sides of 96th Street, eliminating cueing of sevice vehicles on 96th Street and advocating with FDOT to place a new traffic signal. Neil Alter (9801 Collins Ave.) stated the he had never heard any person suggest that a new town hall is needed, and wondered who was asking for this. He suggested that money for a new town hall be put to better use, as in a new park or the reduction of property tax. Babak Raheb (128 Balfour Dr.) stated that the Council should listen closely to Saks' concerns and that valet parking would cause a traffic backup. He disagreed with the valuation of the Fairfield and had calculated that the Bal Harbour Shops would benefit $6-7 billion making the $122 million benefit package insignificant. Gabriella Webster (30 Park Dr.) stated that she and her neighbors would be heavily influenced by the proposed changes and commented that the traffic in Surfside was already difficult to drive. She expressed that she would like to have more workshops with the new Council. Bob Atlas (10185 Collins) stated that Collins traffic already is the number one problem that bothers him and questioned what will happen to the overall traffic along Collins Ave. He then asked if the Village was reliant on the expansion project to fund public benefits (parks). He stated that he would feel more comfortable a traffic study commissioned by the Council instead of the applicant/intervener. Brian Mulheren (10245 Collins Ave.) commented that what the Shops shows in pictures is not what will built, using past contruction projects as examples. He commented that the Village does not need money from the Whitmans to expand Village Hall. Bal Harbour Village Regular Council Meeting Minutes — May 16, 2017 Page 16 Cross Examination and Response - Staff (5 minutes allotted) Mr. Gonzalez asked Michael Miller, Village Planning Consultant to address the EAR amendments to the Comprehensive Plan. Mr. Miller provided a history of the Master Plan, Comprehensive Plan and Future Land Use Map. He explained the Evaluation and Appraisal Report amendments and the changes in State Law. Last EAR suggest that the Village should update some data. Ms. Trevarthen added that final documents have effective date clauses saying that the Comprehensive Plan amendments must become effective. Cross Examination and Response - Applicant (10 minutes allotted) Mr. Shubin stated the tenant continues to misrepresent the legal standard before the Council as substantial competent evididence as opposed to fairly debateable. He stated that the testimony of the intervener was speculative and conclusory, and that the had faild to submit evidence showing a linkage to the proposed improvements and decreased sales. He stated that the body of evidence before the Council indicates no negative impact, and the lookback provisions would be in place. He concluded saying that the development agreement meets all criteria and should be approved by the Council. Cross Examination and Response - Intervener (10 minutes allotted) Mr. Payne where asked where the replacement parking would be coming from to which Ms. Huber responded that Village Code provides for numerous locations and shuttles, but that, at the time, the applicant must present the Village with an agreement indicated replacement Parking. Mr. Shubin added that there is a distinction between off -site and on -site parking, and that the applicant can provide on -site parking at the Church by the Sea location and on roof top parking areas. Mr. Payne then asked where garbage removal would be located to which Ms. Huber responded that the site plan designates a variety of areas. Mr. Payne asked if the level of surface traffic would change from D to E, to which Mr. Gonzalez responded that the Village cannot change the level of service on a State road. Councilmembers Questions and Discussion Assistant Mayor Salver asked Joe Cordino and Salman Rathor (Cordino Group, Village Traffic Consultant) what is the volume of traffic on Collins Avenue, to which Mr. Cordino responded that during peak hours (4-6 pm) 1900 to 2000 vehicles per hour northbound and 1500-1600 vehicles southbound. Henry Fandrei (Fandrei Consulting Inc., BHS Traffic Consultant) stated that the traffic the the Bal Harbour Shops represented 6% of the total daily traffic. Assistant Mayor Salver asked if the traffic is being caused by volume or traffic signals to which Mr. Cordino replied that it was a combination of both and that vehicular and pedestrian traffic management improvements would be implemented at the beginning of the project. Mayor Groisman asked if this coordination had begun with FDOT, to which Mr. Fandrei replied that after Bal Harbour approval he believes FDOT would be amenable to the proposed changes and he stated that given these changes, there would be a noticible reduction in the delays moving from one end of the Village to the other. Council Albaum described his observations of traffic patterns for Collins Avenue asking if the 6% traffic to the Shops would change, to which Mr. Fandrei replied that it may go up to 7% with the expansion, but the traffic improvements would be for all traffic. Councilman Friemark asked the traffic engineers to address previous comments by the public regarding increased vehicle fumes Park Drive, to which Bernard Zyscovich responded Bal Harbour Village Regular Council Meeting Minutes — May 16, 2017 Page 17 that from a design perspective there would be no impact. Councilman Freimark then asked if parallel parking, double parking of shoppers and delivery trucks in Surfside affect traffic in Bal Harbour, to which Mr. Cordino replied that they did. Mayor Groisman added that he had spoken with the Surfside Mayor about a their beginning to implement recommendations from joint traffic study. Councilman Salver asked Mr. Payne why wasn't Saks concerned about traffic with the previous iteration of the plans where Saks had a bigger footprint, more square footage and more traffic, to which Mr. Payne responded that Saks was fully on board with the previous plan. Councilman Salver asked Ms. Corpus if she was against the plan because of the loss of 14 parking spaces in front of Saks, to which Ms. Corpus as well as the first level of parking into the garage, and that Saks customers would not be happy with valet parking. Councilman Salver asked for comments from the Shops regarding the present state of luxury retail to which Cortney Lord (Whitman Family Development) and Laura Pomerantz (Cushman and Wakefield) answered that the retail business is constantly evolving and the best shopping environments are enjoying some of the most success they've ever had, but too keep current and compete and stay number 1 in terms of productivity, the increased size would satisfy the demand to increase square footage of existing stores and bring in more stores. Councilman Salver asked Mathew Lazenby (Bal Harbour Shops) if he has received offers to buy the Shops, to which Mr. Lazenby replied, yes, but the family was committed to stay. Councilman Freimark listed questions regarding development agreement starting with Section 5.1, the definition boutique inline retail space, to which Ms. Huber answered that it meant non -anchor space. He then asked for clarification on the timing of the receipt of funds for the waterfront park, to which Mr. Gonzalez answered that it was predicated on 90 days after the last appealable date of the agreement once it is approved. Councilman Friemark suggested for Section 6.7 regarding the Police Department Lease that there be a lease lag time of 90 days to effectuate move after the conveyance of the new village hall, to which Mr. Lazenby replied that that should not be a problem. Councilman Freimark commented that the period of time for the construction of the new Village facility was a long period of time and discussion should be had to see if it could be shortened, the same going for the conveyance of the SunTrust property. Councilman Friemark commented that the right turn onto Collins and the crosswalk from the St. Regis to the Bal Harbour Shops presented a serious safety issue, to which Mr. Lazenby promised to do all that he could, working with FDOT to make it a safer environment. Councilman Fremark then address Section 20.2 regarding off -duty police services and suggested revisting the calculated 3,500 hrs stating that a police presence during all hours operation especially during construction was important. Councilman Freimark questioned in Section 22.2 the meaning of reputable surety license and suggested revisiting the language. He then complimented the Bal Harbour Shops and the Village Manager for negotiating Section 25 lookbacks. Bal Harbour Village Regular Council Meeting Minutes — May 16, 2017 Page 1 8 Councilman Friemark then questioned Exhibit i regarding the 24 hour construction right asking what is the impact to having and not having it, to which Nik Massy (Whitman Family Development) responded that the current village code of 8:30 am to 5:30 pm would lengthen construction time significantly and that inorder to mitigate the noise, they have hired Gary Siebein (Seibein Associates), acoustics consultant, a besides the 20 foot sound attenuation wall which will reduce noise by 80% they will set up monitoring along the property line. Ms. Huber added that the 57 decibel level was derived from experience at which no complaints came from residents in the escalator project. Councilman Freimark suggested that the revocation of construction, upon violation, reside with Village Manager and should not require a Village Council meeting. Councilman Albaum asked for clarification of noise levels, to which Ms. Huber explaind they would be c 57 decibels at night 75 decibels during the day, requiring Manager approval and the demonstration of the attempt to mitigate for a short term exception. She also explained that an off -duty officer would monitor levels during evenings for the entire construction period. Councilwoman Cohen asked the Shops to re -show the proposed expansion slides and asked them to point out which areas encompassed the new retail space. Ms. Huber indicated parcels H, G, F, and Z, where the current parking garage is located and answered Ms. Cohens question regarding the size of the new space to be approximately 350,000 square feet. Councilwoman Cohen asked the shops to show the slide of the Collins Plaza and asked how many parking spaces would be removed, to which Ms. Huber replied that no spaces were being removed, that the spaces in front of Saks were changing from self -park to valet and that there would be tandem parking. Councilwoman Cohen asked for clarification of the lookback provisions and asked if they were transferable to which Mr. Gonzalez replied that the first lookback would occur when 75% of the new stores were occupied and operating and the second lookbak would occur 3 years later, but in the meantime the Village would always have the opportunity to deal with issues that arise during construction. Mr. Weiss add that the agreement is a covenant that runs with the land. Councilwoman Cohen expressed her concern that 350,000 was a tall order to fill and asked if there was a list of tenants, to which Mr. Lord, replied that there was a great list of tenants, that it is his job and his commitment, to fill the spaces. Councilwoman Cohen asked why the Shops could not fix their issures with the way things are, to which Mr. Lord replied that greater Miami area is under going a growth and the market is evolving. Councilwoman Cohen asked if the Shops had an emergency plan to fill the Neiman Marcus in case they go out of business, to which Mr. Lord replied that he would find a new tenant, and that that is what he does for a living. Councilwoman Cohen asked if the Shops was leased to capacity, to which Mr. Lord responded that they are leased to excess of capacity. Mayor Groisman asked the Shops to describe the low of morning delivery trucks and their impact on 96th Street, to which Mr. Massey provided a description of how and where the trucks currently come in on 96th Street and where they will enter under the new proposal, adding the most of the trucks under the proposal can enter and leave without using the turning bay. Bal Harbour Village Regular Council Meeting Minutes — May 16, 2017 Page 19 Mayor Groisman asked where pedestrian accsess points to the mall would be located to which Mr. Massey replied that, along Collins, pedestrians will be able to access the mall just like they can today and along 96th Street at the garage entry. Mr. Gonzalez added that a condition of approval required exploring additional access along 96th Street. Mayor Groisman asked if the Shops had signed a mitigation agreement with the Bal Moral, to which Ms. Huber replied yes. He then asked if the Shops had signed a mitigation agreement with any other entity, to which Ms. Huber replied, no. Mayor Groisman ask Saks if anyone from Saks had reached out the Mayor, the Manager or other members of the Village Council regarding their position on the Shops expansion, to which Mr. Pall replied that they had not. Mayor Groisman then asked if Saks had tried to resolve their issue with the Shops, to which Mr. Pall replied that Saks had not been aware of the application until two weeks befor the April Workshop. Final Arguments - Intervener (5 minutes allotted) Mr. Payne presented the final arguments for Saks Fifth Avenue. Final Arguments - Applicant (5 minutes allotted) Mr. Shubin presented the final arguments for the Bal Harbour Shops. Final Arguments - Staff (5 minutes allotted) There were no final arguments presented by the Village. Mayor Groisman listed the follow proposed amendments to the Development Agreement for Council discussion. • Strike Exhibit I regarding construction noise from the development agreement and that the Village Attorney and Staff draft an ordinance for firtst reading at the May 16, 2017 Council Meeting. He also request • Replace Section 9.7.3 arbitration with litigation • Add 10 day after final approval under 14.1 payment of surcharge • Strike the word "voluntary" form Sections15.4 • Add the words "Construction traffic between the Shops Property and the Fairfield Property will traverse Bal Cross Drive, if possible, and not enter the Collins Avenue right-ofway. All construction traffic must be managed to ensure pedestrian safety at all times.20.3 constructrion, stageing and parking, add all construction traffic shall to the extent possibl travers bal cross avoid a1 a, remain pedestrian safe at all times to Section 20.3 • 26.1 legal scriviners omission define the indemnified parties and end of paragraph against village indemnified parties • Add a new subsection 26.1.6 new subsection - when they have to indemnify - Any material breach of this agreement by the Owner or any or any authorized employee, agent or representative of Owner. • Amend 26.3 to include language regarding solely from negligence and sole willful) misconduct of the Village Mayor Groisman also suggest a change to the conditions that the 20 foot wall should be landscaped to cover the maximum extent possible and that the landscaping would be maintained by the Shops. Bal Harbour Village Regular Council Meeting Minutes — May 16, 2017 Page 110 Councilman Freimark added increase of police off -duty hours to 5,824 to the list of amendments. MOTION: A motion was moved by Mayor Gabriel Groisman to amend the Development Agreement with the previously list proposed amendments. Councilman Jeffrey Freimark seconded the motion. VOTE: the motion passed by unanimous voice vote (5-0). MOTION: A Motion was made by Councilwoman Patricia Cohen to increase the contribution from the Bal Harbour Shops for the Village water front park from $2.5 million to 3.5 million. The Motion was seconded by Assistant Mayor Seth Salver. ROLL CALL Yes No Mayor Gabriel Groisman X Assistant Mayor Seth E. Salver X Councilman David J. Albaum X Councilwoman Patricia Cohen X Councilman Jeffrey P. Freimark X VOTE: the Motion passed by roll call vote (3-2). MOTION: A Motion was made by Councilwoman Patricia Cohen to amend the 1 % Transfer Fee to 5%. The Motion died for lack of a second. MOTION: A Motion was made by Councilwoman Patricia Cohen to strike the parking surcharge from the Development Agreement. The Motion died for lack of a second. MOTION: A Motion was made by Coucilwoman Patricia Cohen to amend the conditions to improve the aesthetics of the entire corridor up to the from the Collins entrance up to the escalators. The Motion died for lack of a second. MOTION: A Motion was made by Councilwoman Patricia Cohen to require all changes to designs and landscaping be reviewed by the Architecutural Review Board. The Motion died for lack of as second. MOTION: A Motion was made by Councilwoman Patricia Cohne to have the Village Administration conduct its own benefits package valuation conducted by our own experts. The Motion died for lack of a second. MOTION: A Motion to approve the resolution as amended with conditions was made by Mayor Gabriel Groisman and seconded by Councilman David Albaum. Bal Harbour Village Regular Council Meeting Minutes — May 16, 2017 Page 111 ROLL CALL Yes No Mayor Gabriel Groisman X Assistant Mayor Seth E. Salver X Councilman David J. Albaum X Councilwoman Patricia Cohen X Councilman Jeffrey P. Freimark X Vote: the resolution passed on first reading by roll call vote (4-1). MOTION: A Motion to direct the direct Architectural Review Board to review the major site in their May 4, 2017 meeting and to set the second hearing for the Bal Harbour Shops for May 16, 2017 for the was moved by Mayor Gabriel Groisman and Seconded by Councilman Jeffrey Freimark. VOTE: The Motion passed by voice vote(4-1) with Councilwoman Patricia Cohen voting against. Recess to convene Local Planning Agency Meeting LPA. CALL TO ORDER/ROLL CALL- Mayor Groisman called the meeting to order at 12:44 AM. The following were present: Mayor Gabriel Groisman Assistant Mayor Seth Salver Councilman David Albaum Councilwoman Patricia Cohen Councilman Jeffrey Freimark Also present: Jorge M. Gonzalez, Village Manager Dwight S. Danie, Village Clerk Richard J. Weiss, Village Attorney Susan L. Trevarthen, Village Attorney Gail Serota, Village Attorney Michael Miller, Village Planning Consultant LPA1 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, APPROVING THE REQUEST OF BAL HARBOUR SHOPS, LLLP, FOR A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN CHANGING THE LAND USE DESIGNATION OF ONE PARCEL CONSISTING OF APPROXIMATELY .62 ACRES FROM INST (INSTITUTIONAL) TO COMM (COMMERCIAL) LOCATED AT 501 96TH STREET, AS LEGALLY DESCRIBED IN EXHIBIT "A;" PROVIDING FOR CONFLICTS, SEVERABILITY, AND FOR AN EFFECTIVE DATE. Bal Harbour Village Regular Council Meeting Minutes — May 16, 2017 Page 112 Mr. Gonzalez introduced the item. Mr. Miller provided a brief history of the parcel. Councilwoman Cohen stated that she would rely on the opinion of the Village Attorney and Village planner that the Village is in compliance with the Comprehensive Plan update. Mr. Payne stated his objection into the record reading a letter to Mayor Martin Packer. Kent Harrison Robbins stated that he adopts his previous testimony and adopts the testimony Saks. Bryan Duke stated that he joins in argument made by Saks. Amy Huber stated that this is purely legislative item and that there is no real change and that she adopts staff report recommendations MOTION: A Motion to approve the ordinance on first reading was moved by Councilman Freimark and seconded by Councilman David Albaum. ROLL CALL Yes No Mayor Gabriel Groisman X Assistant Mayor Seth E. Salver X Councilman David J. Albaum X Councilwoman Patricia Cohen X Councilman Jeffrey P. Freimark X Vote: the ordinance passed on by unanimous roll call vote (5-0). LPA2 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 21 "ZONING," TO REVISE DEFINITIONS, TO CREATE A SPECIAL BUSINESS IMPROVEMENT AREA DESIGNATION IN THE B BUSINESS DISTRICT, AND TO PROVIDE FOR RELATED DEVELOPMENT STANDARDS; BY AMENDING CHAPTER 4 "ALCOHOLIC BEVERAGES" TO ADDRESS SPACING REQUIREMENTS FOR CERTAIN RESTAURANTS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item and Ms. Trevarthen read the short summary of the proposed text changes from the Manager's Memo. Mayor Groisman Gabe proposed amendments page 30 number of parking spaces, changing the word "churches" to "religious institutions" and to strike text amendment i which expands type of restaurants that can qualify to have a liquor license. Ms. Huber stated she adopts and incorporates the staff report and stated an objection to the Mayor's second proposed amendment. A general discussion ensued regarding the types of liquor licenses available and whether or not a new restaurant could be placed anywhere on Bal Harbour Village Regular Council Meeting Minutes — May 16, 2017 Page 113 the existing property. Mr. Lazenby stated that his feedback from the community entailed bringing in more restaurants. Jason Navader (Church by the Sea Treasurer) stated that the Church had never had any issues with these text amendments Jason Treasurer of Church by the Sea Councilwoman Cohen stated that most of the residents have expressed that they wanted more restaurants and urged not to impose the limitation. MOTION: A motion was made to amend the word "churchs" to religious institutions in sections 21-384(4) and section 4-3 was made by Mayor Gabriel Groisman and seconded by Assistant Mayor Seth Salver. VOTE: the Motion passed by unanimous voice vote (5-0) Councilwoman stated that much of what is being proposed is contrary to the Comprehensive Plan. MOTION: A motion to pass the ordinance as amended was moved by Mayor Groisman and Seconded by Councilman Jeffrey Freimark. ROLL CALL Yes No Mayor Gabriel Groisman X Assistant Mayor Seth E. Salver X Councilman David J. Albaum X Councilwoman Patricia Cohen X Councilman Jeffrey P. Freimark X Vote: the ordinance passed by roll call vote (4-1). Adjourn and reconvene the Regular Council Meeting REGULAR COUNCIL MEETING AGENDA R5 - ORDINANCES R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, APPROVING THE REQUEST OF BAL HARBOUR SHOPS, LLLP, FOR A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN CHANGING THE LAND USE DESIGNATION OF ONE PARCEL Bal Harbour Village Regular Council Meeting Minutes — May 16, 2017 Page 114 CONSISTING OF APPROXIMATELY .62 ACRES FROM INST (INSTITUTIONAL) TO COMM (COMMERCIAL) LOCATED AT 501 96TH STREET, AS LEGALLY DESCRIBED IN EXHIBIT "A;" PROVIDING FOR CONFLICTS, SEVERABILITY, AND FOR AN EFFECTIVE DATE. Mr. Payne objected for the same reasons stated before. Kent Harrison Robbins stated that he adopts his previous testimony and stated that he was was representing himself. Amy Huber stated that she adopts and incorporates her testimony from the LPA meeting. MOTION: A Motion to approve the ordinance on first reading was moved by Mayor Gabriel Groisman and seconded by Councilman Jeffrey Freimark. ROLL CALL Yes No Mayor Gabriel Groisman X Assistant Mayor Seth E. Salver X Councilman David J. Albaum X Councilwoman Patricia Cohen X Councilman Jeffrey P. Freimark X Vote: the ordinance passed on first reading by unanimous roll call vote (5-0). R5B AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 21 "ZONING," TO REVISE DEFINITIONS, TO CREATE A SPECIAL BUSINESS IMPROVEMENT AREA DESIGNATION IN THE B BUSINESS DISTRICT, AND TO PROVIDE FOR RELATED DEVELOPMENT STANDARDS; BY AMENDING CHAPTER 4 "ALCOHOLIC BEVERAGES" TO ADDRESS SPACING REQUIREMENTS FOR CERTAIN RESTAURANTS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE. Ms. Huber stated that she would like to adopt and incorporate her testimony from the LPA meeting. MOTION: A Motion to approve the ordinance as amended on first reading was moved by Mayor Gabriel Groisman and seconded by Councilman Jeffrey Freimark. Patricia stated that she disagreed that this was being handled by text amendments rather than variances and that some of this is going to prove detrimental to the Village. Bal Harbour Village Regular Council Meeting Minutes — May 16, 2017 Page 115 ROLL CALL Yes No Mayor Gabriel Groisman X Assistant Mayor Seth E. Salver X Councilman David J. Albaum X Councilwoman Patricia Cohen X Councilman Jeffrey P. Freimark X Vote: the ordinance passed on first reading by roll call vote (4-1). R9 - NEW BUSINESS AND COUNCIL DISCUSSION R9A Public Comment R10 - VILLAGE MANAGER REPORT R1 1 - VILLAGE CLERK REPORT R11A Village Lobbyist Registration Report (VILLAGE CLERK) R12 - VILLAGE ATTORNEY REPORT MOTION: Mayor Groisman moved to adjorn the meeting at 1:15 am. yor Ga. iel Groisman %\ D fight S.a`ne, Village Clerk Bal Harbour Village Regular Council Meeting Minutes - May 16, 2017 Page 116