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HomeMy Public PortalAbout2016-04-13 Special Council Meeting MinutesBAL HARBOUR - VILLAGE - Mayor Martin Packer Assistant Mayor Patricia Cohen Councilman Gabriel Groisman Councilman Seth E. Salver Councilman Jaime M. Sanz Village Manager Jorge M. Gonzalez Village Clerk Dwight S. Danie Village Attorneys Weiss Serota Helfman Cole & Bierman, P.L. VILLAGE COUNCIL SPECIAL MEETING AGENDA APRIL 13, 2016 AT 5:45 P.M. Sea View Hotel- 9909 Collins Ave, Bal Harbour, FL 33154 A. CALL TO ORDER: Mayor Martin Packer called the meeting to order at 5:45 PM. The following were present: Mayor Martin Packer Assistant Mayor Patricia Cohen Councilman Gabriel Groisman Councilman Seth E. Salver The following were not present: Councilman Jaime M. Sanz Also Present: Jorge M. Gonzalez, Village Manager Dwight S. Danie, Village Clerk Richard Jay Weiss, Village Attorney B. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Dwight Danie, Villager Clerk. Motion: A Motion defer agenda Item E-2 was moved by Mayor Martin Packer and seconded by Councilman Seth Salver. Vote: The Motion Passed by unanimous voice vote (4-0). Mr. Weiss requested that an executive session be held concerning Flamingo Way Enterprises vs. Bal Harbour to be scheduled at the Council's convenience. Attorney Susan Trevarthen, Weiss Serota, described the steps in which the public hearing would proceed and read the following procedures for a quasi-judicial hearing. Please be advised that Items E-1 and E-2 are quasi-judicial in nature, and the remaining items on the agenda are legislative in nature. However, certain information is relevant to both the legislative and quasi-judicial items, and will be presented concurrently. For each item on the Special Council Meeting agenda and on the Local Planning Agency Agenda, the applicant and the Village staff will make presentations, and the Mayor will entertain public comment. If you wish to comment upon the agenda item, please inform the Mayor when he asks for public input on it. An opportunity for persons to speak will be made available after the applicant and staff have made their presentations on the item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, for items under the Quasi -Judicial portion of the Special Council Meeting Agenda, each person who gives testimony may be subject to cross- examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight (with regard to the quasi-judicial items). The general public will not be permitted to cross-examine witnesses, but the public may request the Village Council to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for their organization. Further details of the quasi-judicial procedures in Section 2-201, et seq., of the Village Code may be obtained from the Village Clerk. Ms. Trevarthen asked Councilmembers the agreed that each of them had had extentensive written and oral communication with the applicant related to the legislative and quasi-judicial applications, to which the Councilmembers responded in the affirmative. Ms. Trevarthen then asked Councilmembers if they were willing and able to consider the application based on the evidence of the written record, to which Councilmembers reponded in the affirmative. The Village Clerk swore in all those who would be providing testimony. Mayor Packer introduced Dan Dietch, Mayor of Surfside. C. PRESENTATIONS ON THE PROPOSED BAL HARBOUR SHOPS EXPANSION PROJECT BY THE APPLICANT AND VILLAGE STAFF Mr. Gonzalez introduced members of his team and then provided a brief summary of the project. Jorge Gomez, Consultant for the Bal Harbour Shops Expansion, said that his guiding principals were increase publicly owned space, increase open space, improve pedestrian experience, enhance Village aesthetics, consolidate Village facilities, and minimize the operation disruption as it pertains to Village Hall. John Shubin, Attorney for the Bal Harbour Shops introduced himself and his associate Amy Huber, and the Bal Harbour Shops team. He said that he had concerns regarding Assistant Mayor Patricia Cohen's participation in the hearings and demanded that she abstain from voting on any issue related to the Shops expansion adding that she had improperly prejudged the project. Bal Harbour Village Special Council Meeting Agenda - April 13, 2016 Pa g e 12 Mayor Weiss said that this portion of the meeting was dealing with the legislative item, that he viewed the discussion of regarding pre -judging and bias as a personal attack on Assistant Mayor Cohen. Mr. Shubin said that he disagreed, that saying that the discussion regarding the legislative item was intertwined with the quasi-judicial portion of the application, adding that he had the right to produced evidence of bias. He described the public records request that he had made in February for records stored in Assistant Mayor Cohen's private emails. He also noted that Councilman Jaime Sanz had been advised not to participate this evening because as an employee of Neiman Marcus, he was told that he had a conflict with respect to the quasi-judicial portion of the meeting which was intertwined with the leglislative portion. He thanked Mr. Weiss for the stipulation. Councilman Groisman said that there is no stipulation on behalf of the Village Council, and that Mr. Shubin had made the statement to preserve his arguments on the record. Mr. Shubin said that he was concerned that issue of the sale of Village Hall had not been first sent to voters, to which Mr. Weiss described the Village Charter language regarding the transfer of Village property in that the Council needed to determine if it was in the best interest of the Village, and if the voters agreed. Mr. Shubin said there is no indication in any of the documents produced by the Village's staff and consultants that suggests that the sale of Village Hall is not in the best interest of the Village. Bernard Zyscovich, Zyscovich Architects, introduced Roberto Bezold and Raymond Jungles, then provide a presentation of renderings and a video walkthrough of the project. Mayor Packer asked where the wider sidewalks would be placed along Collins Avenue, to which Mr. Zyscovich responded that it would be on the Shop's property, and to which Mr. Gomez added that all were in agreement that there would be a perpetual easement to the Village, with the Shops obligated to maintain, clean and upgrade, and would maintain responsibility for any accidents on the sidewalk. Charles Siemon, BHS Land Use Planning Consultant, said that he concurred with staff reports and he had never seen such an imbalance, with the benefits and enhancements, favoring the Village, in a development agreement. Mathew Lazenby, Bal Harbour Shops, provided and overview of his family and the Bal Harbour Shops, saying that he was proud to be part of this project. He said what is good for the Village is good for the Bal Harbour Shops. Mr. Gomez clarified that that the Village was requesting an additional 10 parking spaces for a pedestrian -only space that links the Collins Avenue sidewalk to the Shops and that a condition would need to placed when the Shops comes in for a building Bal Harbour Village Special Council Meeting Agenda - April 13, 2016 Page 13 permit. He said that the public plaza, which can be turned into a public event space, is the valet parking area. He said that the rendering of the new Village Hall is not a finalized design and which would require public and Council feedback as would the proposed Community Center on the waterfront property. He said that the development agreement requires a $2.5 million contribution and preliminary Site Plans. Mr. Gonzalez said that his role was to make the best agreement that he could make and present it to the Council. He said that the public benefits, gained by extensive negotiations, were significant. He said that it was his job to ensure that what was presented to the Council was proper, legal and achievable. C-1. Conveyance of Village Hall: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; DETERMINING THAT THE CONVEYANCE OF THE VILLAGE HALL STRUCTURE AND SITE TO BAL HARBOUR SHOPS, LLLP. IS IN THE BEST INTEREST OF THE VILLAGE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (Legislative) Motion: A Motion to approve the resolution was moved by Counciman Groisman and seconded by Mayor Martin Packer. Kent Harrison Robbins, Bay Harbor Islands, Attorney for Assistant Mayor Patricia Cohen, turned his back to the Council to speak to members of the audience. He described his work with Assistant Mayor Cohen in reviewing over 15,000 emails on her personal electronic devices going back to the year 2010 , and they have served over 10,000 emails meeting the critera for public records to the Shops attorneys. Guillermo Olmedillo, Surfside Town Manager, said that Surfside Commissioners were concerned about the impact on traffic the project may have. Tina Paul, Town of Surfside Commissioner, said that she was also concerned about the impact that bright lights may have on the houses across from the Shops on the other side of 96th Street. Paul Pruess, 1011 Collins Avenue, speaking as the President of the Board of the Palace of Bal Harbour, spoke in favor of the project and agreed that there should be a public referendum. He expressed his displeasure at the total lack of control at the previous Council Meeting. Elsie Howard, 9999 Collins Avenue, spoke in favor of the project, saying that the Bal Harbour Shops is what makes Bal Harbour known worldwide. She said that an enhanced community is built on positivism. Bal Harbour Village Special Council Meeting Agenda - April 13, 2016 Pa g e 14 Sybille Holder, 24 Bal Bay Drive, spoke against the project, saying that the scale would overwhelm the community and that the increased traffic would be disasterous. Daniel Holder, 24 Bal Bay Drive, spoke against the project, saying that the expansion would require numerous code and text amendments or variances or rezoning. Lynne Bloch Mullen, 10150 Collins Avenue, urged the Council not to trade Village Hall. Penny Sepler, 10275 Collins Avenue, said that she agreed that the voters should decide whether or not to sell Village Hall, and that the idea of a new Village Hall on Collins Avenue, as a civic hub, was interesting. Don Jacobs, 10225 Collins Avenue, said that he found it astounding that the Counciulk would wrestle with this decision considering the remunerations and enhancements to the entire community. David Kwiat, 10185 Collins Avenue, said that, by appearances, the expansion would improve the quality of life in Bal Harbour. He said he would like to see the development language modified to protect from any future replacement of luxury retail with big box stores. Kenneth Davis, 9802 Collins Avenue, spoke against the expansion saying that he did not want to live across from a construction site for the next 10 years. Gill Wachsman, 10225 Collins Avenue, spoke in favor of the expansion, saying that it was in the best interest of the Community, and it will improve property value, and it will be good to replace a shabby little park and a deteriorating Village Hall. Juan Carlos Planas, 1885 NE 29th Avenue, Aventura, said that he was representing members of the Bal Harbour Neighbors Alliance. Mr. Weiss asked him if he was registered as a lobbyist, to which he responded that he was not. He then said that there will be problems with the ballot language. Dr. Michael Crop, 9601 Collins Avenue, said Village Hall had been evaluated at a very low figure according a Wall Street Journal article regarding similar properties. He said that it was his opinion that the voters should definitely have the opportunity to decide. Janie Kupferman, 9999 Collins Avenue, spoke in favor of the expansion, saying that saying everybody profits from the Shops in terms of property value, and that given the condition of the current Village Hall, a new Village Hall with an emergency center would be an asset. Miriam Desjardins, 10155 Collins Avenue, said that she thought that the expansion was one of the best things to happen to Bal Harbour. Bal Harbour Village Special Council Meeting Agenda - April 13, 2016 Page 15 Neil Alter, 9801 Collins avenue, said that as a resident of the Balmoral he was looking forward to a sizeable payment adding that it would be contingent upon a positive referendum. He expressed his concern about traffic. Baruch Halpern, 9610 Collins Avenue, President of the Board of the Majestic Tower, said that he was one-hundered percent in favor of the expansion. He said that the Shops was the epicenter of the Village. Rose Schrieber, 10155 Collins Avenue, spoke agains the expansion, saying that the disruption caused by construction would be much worse that the disruption she has experienced from her own building's renovation. Mark Fisher, that this is a deal for the Village, and it gives everybody seventy-five percent of what they want, in that it helps the Shops and helps the Village. He proffered that the Shop relinquishe the idea of getting Village Hall, that the Shops agree that no lanes on Collins be closed, warned thatthere should be some guarantee thatthe Shops stays in the Whitman family. Raymond Slate, 10155 Collins Avenue, spoke in favor of the expansion, saying that the Village doesn't have an adequate park, city hall or police station. He added that most people speaking agains the project are older residents and don't want to deal with the disruption. Daniell Touboul, 10225 Collins Avenue, said that the Board of Directors of the Bellini Condominium Association voted in favor of the expansion including the sale of Village Hall. She said that she also sat on the Board of the Chuch by the Sea, and the members had also voted unanimously to sell the church. Neca Logan, 64 Camden Drive, said that the expansion is just too grand and a construction period often years is too long. Brian Mulheren, 10245 Collins Avenue, urged the Council to vote agains the expansion, saying that the Village should remain the Village. Nina Rudolph, 212 Bal Bay Drive, said that she thought that it would be okay for the Shops to expand a little bit. Lucia Dougherty, 333 SE 2nd Avenue, on behalf to the political action committee Bal Harbour Neighborhood Alliance, urged the Council to submit a petition to the electorate first. Holly Sanders Looby, 220 Bal Bay Drive, spoke against the expansion, saying that it was purely for the benefit of the Whitman family to make money. She said that she liked the community the way that it is. Bal Harbour Village Special Council Meeting Agenda - April 13, 2016 Pa g e 16 Barry Shevlin, 162 Bal Bay Drive, spoke againstthe expansion saying that it would have an extremely adverse impact on the community in terms of traffic and construction disruption. Jeam Rosenfield, 10155 Collins Avenue, said that the Village Council was never supposed to be the deciding factor on whether or not the sale of Village Hall was in the best interest of the community, that it should be up to the voters. Stacy Rothman, 10275 Collins Avenue, said that she loved the Bal Harbour Shops just the way that it is. She said that everbody is shopping online, so the mall would be a big mall with nobody going to it. Jorden Cohen, 9801 Collins Avenue, spoke in favor of the expansion, but said he was concerned about traffic, suggesting that Bal Harbour work with Surfside to help allieve congestion. Bob Goodman, 9999 Collins Avenue, said that he was working with Lucia Dougherty with the Political Action Committee, and urged the Council to move forward in submitting a petition to the electorate. Mr. Weiss said that although this portion of the meeting was not quasi-judicial, the he'd like to ask the Applicant if the would like to cross-examine any of the people who had spoken, to which Mr. Shubin responded that he would not. Councilman Groisman said that he would limit his comments only to Agenda Item C-1. He said that he would like to amend the resolution so that its approval is contingent upon approval of the Bal Harbour Shops Plan and the Development Agreement. MOTION: A Motion to amend the resolution to make its approval contingent upon the approval of the Plan and Development Agreement was moved by Councilman Gabriel Groisman and seconded by Councilman Seth Salver. ROLE CALL Yes No Assistant Mayor Patricia Cohen X Councilman Gabriel Groisman X Councilman Seth E. Salver X Councilman Jaime M. Sanz Mayor Martin Packer X VOTE: The Motion failed 2-2 with Assistant Patricia Mayor Cohen and Mayor Martin Packer voting against. Bal Harbour Village Special Council Meeting Agenda - April 13, 2016 Page 17 • • V N. Councilman Groisman ask for a reconsideration of the vote, to which Mr. Weiss said that according to Robert's Rules he was not on the prevailing side, so he could not. Councilman Salver thank all those in attendance. He said that all councilmembers are beholden to the the whole community, saying that it is important to allow the people to decide. He asked for futher clarification for the next steps. Mr. Weiss said that if Agenda Item C-1 were approved, then C-2 would basically be putting the item on the ballot, followed by a long list of items. He said that the referendum would not be for the approval of the Plan, but it would solely be for the transfer of Village Hall. The item was called to a roll -call vote by Mayor Martin Packer. ROLE CALL Yes No Assistant Mayor Patricia Cohen X Councilman Gabriel Groisman X Councilman Seth E. Salver X Councilman Jaime M. Sanz Mayor Martin Packer X VOTE: The item failed 2-2 with Assistant Patricia Mayor Cohen and Mayor Martin Packer voting against. None of the remaining items on the Agenda items were considered. The Meeting was adjorned at 10:51 PM. Cie:4,z/ Mayor MarAin Packer 0 SO" ) f- F Dwight S. Danie, Village Clerk Bal Harbour Village Special Council Meeting Agenda - April 13, 2016 Page 18 C-2. Setting Special Election: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE PROPOSED CONVEYANCE OF THE VILLAGE HALL STRUCTURE AND SITE IN ACCORDANCE WITH SECTION 81 OF THE VILLAGE CHARTER; CALLING A SPECIAL ELECTION ON THE PROPOSED SALE OF VILLAGE HALL TO BE HELD ON XXXXXX XX, XXXX; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE ELECTORATE; PROVIDING FOR PUBLICATION OF NOTICE; PROVIDING FOR AN EFFECTIVE DATE. (Legislative) Not Considered LOCAL PLANNING AGENCY MEETING LPA-1. CALL TO ORDER/ROLL CALL LPA-2. Creation of Special Business Improvement Area Zoning Standards: AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE CODE OF ORDINANCES, 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; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (Legislative) Not Considered OPTION A: As Recommended by Administration OPTION B: As Submitted by Applicant LPA-3. Comprehensive Plan FLUM Amendment: 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 TWO PARCELS CONSISTING OF (A) APPROXIMATELY .33 ACRES FROM M (MUNICIPAL) TO COMM (COMMERCIAL) LOCATED AT 655 96TH STREET, AND (B)APPROXIMATELY .62 ACRES FROM INST(INSTITUTIONAL)TO COMM (COMMERCIAL) LOCATED AT 501 96TH STREET, BOTH AS LEGALLY DESCRIBED IN EXHIBIT "A;" PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Legislative) RECESS TO RECONVENE THE SPECIAL COUNCIL MEETING RECONVENE SPECIAL COUNCIL MEETING D. LEGISLATIVE ITEMS D-1. Creation of Special Business Improvement Area Zoning Standards: AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE Bal Harbour Village Special Council Meeting Agenda - April 13, 2016 Page 19 CODE OF ORDINANCES, 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; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Not Considered OPTION A: As Recommended by Administration OPTION B: As Submitted by Applicant D-2. Comprehensive Plan FLUM Amendment: 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 TWO PARCELS CONSISTING OF (A) APPROXIMATELY .33 ACRES FROM M (MUNICIPAL) TO COMM (COMMERCIAL) LOCATED AT 655 96th STREET, AND (B) APPROXIMATELY .62 ACRES FROM INST (INSTITUTIONAL) TO COMM (COMMERCIAL) LOCATED AT 501 96th STREET, BOTH AS LEGALLY DESCRIBED IN EXHIBIT "A;" PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Not Considered E. QUASI JUDICIAL ITEMS (Following the procedures of Section 2-201 et seq., Village Code) E-1. First Public Hearing on Development Agreement: A RESOLUTION OF THE VILLAGE COUNCIL 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 VILLAGE MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS TO IMPLEMENT THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Not Considered (Approval concurrent with consideration of the Master Site Plan for the Shops Expansion at the next Council meeting, following review of the Master Site Plan by the Architectural Review Board) E-2. Conditional Use for Temporary Place of Worship: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A CONDITIONAL USE FOR A TEMPORARY PLACE OF WORSHIP AT THE BAL HARBOUR SHOPS GENERALLY LOCATED AT THE NORTHWEST CORNER OF 96TH STREET AND COLLINS AVENUE; PROVIDING FOR CONFLICTS; PROVIDING FOR CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. Deffered. Bal Harbour Village Special Council Meeting Agenda - April 13, 2016 Page 110