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HomeMy WebLinkAboutMinutes Council 080201CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING August 2, 2001 The August 2, 2001 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember Lauren Furtado, Councilmember David Clark, and Chair Pro Tem Carl Sabatello. ANNOUNCEMENTS: Announcements were made that Resolution 128, 2001, item "n" on the Consent Agenda would be pulled for discussion purposes. Item "h," Resolution 120, 2001, item "i," Resolution 121, 2001 would be pulled; and that item "1," Resolution 125, 2001 and item "X(a)," Resolution 85, 2001 would be heard on August 16, 2001. PRESENTATIONS: Motion was made by Councilmember Sabatello, seconded by Vice Mayor Jablin and unanimously carried to approve the proclamation for the Southeast Shrine Association to hold their 2005 Annual Convention in the City of Palm Beach Gardens. Mayor Russo read aloud the proclamation and presented it to Shriner representatives. ITEMS & REPORTS BY MAYOR AND COUNCIL: Councilmember Furtado announced that the Donald Ross Road Bridge was on a new schedule to accommodate traffic while the PGA Boulevard Bridge was closed for repairs, and that residents had called to inform her of serious flooding at Loehmann's Plaza. Mayor Russo took issue regarding comments made by residents regarding stormwater improvements at the budget hearing that the City had not done enough, reviewed the drainage improvements that had been made, reported residents did not want a large tax increase, and recommended that another budget be presented in September with lower numbers with lower levels of service. Councilmember Sabatello recommended providing the highest level of service and not reducing levels of service just to satisfy a minority group. Vice Mayor Jablin recommended presenting an alternative budget only as an exercise. Councilmember Furtado and Councilmember Clark expressed their opinion that stormwater fees should be explained more fully. Councilmember Furtado requested a report on money set aside for canal improvements, what had been completed, and what happened to the rest of the money. Mayor Russo recommended an education program be instituted. CITY MANAGER REPORT Public Information Report - Councilmember Furtado made a motion to approve staff recommendation to accept and file the Public Information Report. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. COMMENTS FROM THE PUBLIC: Henry Skokowski, 253 Murray Road, West Palm Beach, requested reconsideration of Ordinance 22, 2001, which had been denied when presented for First Reading. Councilmember Sabatello made CITY COUNCIL REGULAR MEETING, 8/2/01 2 a motion to reconsider Ordinance 22, 2001. Councilmember Furtado seconded the motion, which carried by 4 -1 vote. CONSENT AGENDA: Councilman Clark made a motion to approve the Consent Agenda with the exception of items h, i, 1, and n. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The following items were approved on the Consent Agenda: a. Minutes - Consideration of approving minutes from the June 21, 2001 Regular City Council Meeting. b. Minutes - Consideration of approving minutes from the June 21, 2001 City Council Workshop Meeting. C. Minutes - Consideration of approving minutes from the July 5, 2001 Regular City Council Meeting. d. Minutes - Consideration of approving minutes from the July 5, 2001 City Council Workshop Meeting. e. Resolution 105, 2001 - Fire Station No. 3, Howell Lane- Dedication of Easements and Acceptance of Reservations. Consideration of executing the dedication of easements and acceptance of reservations for the Fire Station No. 3 Plat (Howell Lane). f. Resolution 106, 2001 - Fire Station No. 3, Howell Lane -Plat. Consideration of approving the Fire Station No 3, Howell Lane Plat. g. Resolution 118, 2001 - NorthCorp Art. Consideration of approving the Art in Public Places proposal for the NorthCorp Planned Community Development, located between Burns Road and RCA Boulevard and between Alternate AlA and I -95, as more particularly described herein; providing for conditions. j. Resolution 122, 2001 - Parcel 8 at Mirasol Site Plan. Consideration of approving a Site Plan Application for "Parcel 8" located within the Mirasol Planned Community Development, allowing for the development of 35 custom single - family homes, located approximately 1 mile north of the intersection of PGA Boulevard and Jog Road, and as more particularly described herein; providing for conditions of approval; providing for waivers. k. Resolution 124, 2001 - Frenchman's Reserve "Pod G" Lot 3 Phasing. Consideration of amending Resolution 80, 2001 and providing for approval of a Site Plan Amendment Application to Frenchman's Reserve "Pod G" allowing for the re- designation of one lot (Lot 3) from Phase 2 to Phase 1, to be used as a temporary "Design Center," located approximately 1/4 mile east of the intersection of Hood Road and Alternate AIA, and as more particularly described herein; providing for conditions of approval; providing for waivers. M. Resolution 126, 2001 - Replat of Marina Gardens Plat. Consideration of approving the replat of Marina Gardens Plat. Items pulled from Consent Agenda: h. Resolution 120, 2001 - Frenchman's Reserve "Pod F." Consideration of approving a Site Plan Application for "Pod F" located within the Frenchman's Reserve Planned Community Development, allowing for the development of 80 semi - custom and custom single - family homes, located approximately 1/4 mile east of the intersection of Hood Road and Alternate AIA, and as more particularly described herein; providing for conditions of approval CITY COUNCIL REGULAR MEETING, 8/2/01 3 providing for waivers. Councilmember Clark moved approval of Resolution 120, 2001. Vice Mayor Jablin seconded the motion. During discussion of the motion, Councilmember Sabatello indicated precedent would be set on approval of rear setbacks as zero, and expressed concern with maintenance of landscaping provided on adjacent property and requested more landscaping be added. Staff indicated their position was to allow zero setbacks when the property backed up to lake maintenance easements. Councilmember Furtado expressed her opinion that standards should be set rather than waivers requested. Mayor Russo commented staff should first have discussed such a major policy change with the City Council. Setbacks in other projects were discussed. Michael Sabatello, agent for the applicant, showed a slide of a rear elevation from the golf course and from the lake, and showed proposed landscaping and changes to the screen enclosures that would be on the golf course or on the lake maintenance easement. The golf course would be responsible for landscaping on the golf course property and the homeowners association would be responsible for landscaping provided on the lake maintenance easements. Councilmember Sabatello requested Homeowner Association documents require homeowner sprinklers to cover the adjacent landscaping. The City Attorney advised that landscaping located off the property of the applicant could not be covered in a condition of approval, but if placed in the Homeowner Association covenants the Homeowners Association would be responsible and have recourse against the individual homeowner. Providing a meandering hedge was requested. Consensus was to come back to this item at the end of the meeting to allow time for appropriate language for conditions of approval to be worked out. Councilmember Clark withdrew his motion; Vice Mayor Jablin withdrew the second. n. Resolution 128, 2001 - Award of Bid/Fire Station #3. Consideration of awarding a bid for the construction of Fire Station No. 3 to Ahrens Enterprises, Inc D/B /A Ahrens Companies and authorizing staff to negotiate an agreement. Fire Chief Bergel provided information that demonstrated the need for the fire station. Vice Mayor Jablin moved approval of Resolution 128, 2001. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. PUBLIC HEARINGS: Ordinance 11, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 11, 2001 - for consideration of second reading. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, relating to road impact fees; amending Sections 49, 50, 51, 54, 55 and 57 of Division IV, "Citywide Impact Fees," of Article III, "Development Review Process," of the City's Land Development Regulations to delete references to "Collector Roads" and to clarify those provisions relating to alternative payments and credits for the payment of road impact fees; providing for codification; providing for severability; and providing for an effective date. City Attorney Rubin presented the corrections from the prior ordinance. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilman Sabatello made a motion that Ordinance 11, 2001 be placed on second reading by title only and approved. Motion was seconded by Vice Mayor Jablin and carried by unanimous 5 -0 vote. The City Clerk read Ordinance 11, 2001 on second reading by title only. Ordinance 13, 2001 - Mayor Russo withdrew due to conflict of interest and passed the gavel to Vice Mayor Jablin. The Vice Mayor declared the public hearing open, held on the intent of Ordinance 13, 2001 - for consideration of second reading. An ordinance of the City Council of the City of CITY COUNCIL REGULAR MEETING, 8/2/01 4 Palm Beach Gardens, Florida, providing for the approval of an application from Fercon Florida, Inc. to amend a previously- approved planned unit development by deleting Section 7 of Ordinance 16, 1987, as amended, that requires, by a date certain, the complete construction of the 51 single - family residential units on the Hidden Hollow Planned Unit Development (PUD) site, located on the south side of Northlake Boulevard, 1/2 mile west of Military Trail, as more particularly described herein; providing for severability, providing for conflicts; and providing for an effective date. Growth Management Director Charles Wu provided the staff presentation. Michael Sabatello, agent for the applicant, offered to answer questions. Hearing no comments from the public, Vice Mayor Jablin declared the public hearing closed. Councilman Clark made a motion that Ordinance 13, 2001, be placed on second reading by title only and approved. Councilmember Furtado seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 13, 2001 on second reading by title only. Ordinance 17, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 17, 2001 - for consideration of second reading. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, relating to communications facilities in public rights -of -way; amending Chapter 62 of the City Code of Ordinances to create a new Article VII entitled "Placement of Communications Facilities in Public Rights -Of- Way;" providing for definitions; providing for registration for placing or maintaining communications facilities in public rights -of -way; providing for notice of transfer, sale or assignment of assets in public rights -of -way; providing for suspension of permits; providing for appeals; providing for involuntary termination of registration; providing for existing communications facilities in public rights -of -way; providing for insurance; providing for indemnification; providing for construction bond; providing for security fund; providing for enforcement remedies; providing for abandonment of a communications facility; providing for force majeure; providing for reservation of rights and remedies; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. The City Attorney indicated this ordinance was in compliance with a new law and was a model being adopted Statewide. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark moved that Ordinance 17, 2001 be placed on second reading by title only and approved. Vice Mayor Jablin seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 17, 2001 on second reading by title only. Ordinance 18, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 18, 2001 - for consideration of second reading. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for amendment of Ordinance 8, 2000, the development order for the Mirasol Planned Community District (formally known as Golf Digest Planned Community District), by adopting an amended development order; providing for amendment of the master development plan to reconfigure golf and residential development parcels; providing for modified conditions of approval; providing for severability; providing for conflicts; and providing for an effective date. Senior Planner Edward Tombari presented the project. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Anne Booth, agent for the applicant, stated the applicant agreed to the conditions and would answer any questions. Councilman Clark moved that Ordinance 18, 2001 be placed on second reading by title only and approved. Vice Mayor Jablin seconded the motion. Councilmember Sabatello advised he was a homebuilder in Mirasol but CITY COUNCIL REGULAR MEETING, 8/2/01 5 this Ordinance did not affect him in any way. Motion carried by unanimous 5 -0 vote. The City Clerk read Ordinance 18, 2001 on second reading by title only. Ordinance 19, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 19, 2001 - for consideration of second reading. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the comprehensive plan of the city of Palm Beach Gardens by changing the land use designation on approximately five acres of land located at the southwest corner of Northlake Boulevard and Congress Avenue, from Industrial to Commercial; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date. Growth Management Director Charles Wu presented the project. Dodi Glas, Urban Design Studio, spoke on behalf of the petitioner. Traffic concerns were discussed. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Clark moved that Ordinance 19, 2001 be placed on second reading by title only and approved. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 19, 2001 on second reading by title only. Resolution 81, 2001 - Mayor Russo declared the public hearing open, held on the intent of Resolution 81, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for amendment of Resolution 96, 1999, the consolidated and amended development order for the Regional Center Development of Regional Impact (DRI) and Planned Community District (PCD); providing for amendment of the master development plan to reconfigure the alignment of Victoria Gardens Drive, relocate the neighborhood commercial parcel 6, redesignate the use of parcel 6 as multifamily residential, relocate parcel 4 to the east of the water management tract, redistribute the acreage of parcel 7 equally between parcel 4 and the community serving open space area around Lake Victoria, increase the square footage of commercial uses by 278,888 square feet, and amend condition #1 to establish and adopt a land use conversion matrix; providing that the City Clerk shall transmit copies of this resolution to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, MacArthur Center Property Owners Association, Inc., and the Mall Properties Ltd.; providing for repeal of resolutions in conflict; and providing for an effective date. Growth Management Director Charles Wu presented the proposed amendments. Dodi Glas, Urban Design Studios, agent for the applicant, addressed comments in a letter from the Forbes Company. Mayor Russo questioned the proposed La -Z -Boy store use. Linda Monroe, former member of the City Council, commented on the sound system in the Council chambers; and commented on recreational and cultural use which was the original intent, and which had been lost. Ms. Monroe felt it was not fair to The Forbes Company to add the magnitude of additional retail that was proposed, and expressed concern those high -end jobs as envisioned had not materialized because the office buildings had not been built. Mr. Forbes, the Forbes Company representative, developer of the Gardens Mall, provided a history of the regional center plan and noted that the La -Z -Boy store and a Mattress Factory were not a part of the original vision and expressed concern that this area must be developed properly and high - quality uses maintained. Mr. Forbes was complimented on the quality of the mall and intent was expressed that the original plan would be followed, but that more information was needed regarding what had been changed and future proposed changes. John Gary, representing Mall Properties, requested direction from the City Council. Dan Catalfumo indicated they were being forced out of their lease with Borders bookstore and were also being sued by them, and that La -Z -Boy had entertained the possibility of leasing the CITY COUNCIL REGULAR MEETING, 8/2/01 6 whole building, that it was a quality building and that had not changed. Mayor Russo requested staff explain specialty retail to the Council during the next week. Mr. Catalf imo asked for a condition to put a movie house in, and confirmed that there would not be a mattress factory there. Mayor Russo was upset that he was not able to rely on this petitioner to do what he had said he would. Mr. Gary requested this item be continued. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. It was the consensus of the City Council to take no action on this item. Dodi Glas clarified there was residential identified south of Gardens Parkway on the existing map H and it had always been there. Resolution 121, 2001 - Frenchman's Reserve "Pod D." Consideration of approving a Site Plan Application for "Pod D" located within the Frenchman's Reserve Planned Community Development, allowing for the development of 77 semi - custom single - family homes, located approximately 1/4 mile east of the intersection of Hood Road and Alternate AlA, and as more particularly described herein; providing for conditions of approval providing for waivers. City Attorney Rubin noted staff would incorporate the landscaping comments for Resolution 120, 2001. The City Attorney proposed one additional condition to Resolution 120, 2001 and to Resolution 121, 2001: All off -site landscaping and irrigation adjacent to a screen enclosure with a zero foot setback shall be irrigated and maintained in perpetuity by the Frenchman's Reserve Property Owners Association and/or the owners of the golf course, their successors and assigns. Councilman Clark moved approval of Resolution 120, 2001 with the change as read into the record by the City Attorney. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Councilman Clark moved approval of Resolution 121, 2001 with the change as read into the record by the City Attorney. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Growth Management Director indicated he wanted to make sure the motion included stated revisions for the record for both resolutions. Resolution 116, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the appointment of one (1) member to the Board of Trustees of the City of Palm Beach Gardens, General Employees Pension Plan; and, providing for an effective date. Councilman Clark moved approval of Resolution 116. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Resolution 119, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the reappointment of one (1) regular member and one (1) alternate member to the Art Advisory Committee of the City of Palm Beach Gardens; and providing for an effective date. Vice Mayor Jablin moved approval of Resolution 119, 2001 with the name Cynthia Grey as a regular member and Raymond Katz as alternate member. Councilmember Clark seconded the motion, but noted for the record that the third candidate, David Miller, was an excellent candidate and he would like to see him serve when an opportunity arose. Vice Mayor Jablin agreed. Motion carried by unanimous 5 -0 vote. REPORT ON TANGLEWOOD: CITY COUNCIL REGULAR MEETING, 8/2/01 7 City Manager Ferris reported he and the City Attorney had attended meeting with Tanglewood Representatives regarding the current status of fines, which he was sure that would continue in the Courts; and that their plans to renovate the entire complex had fallen through and a new plan for facades was now being considered. Councilman Sabatello indicated he wanted to be sure all code enforcement activities regarding this property were done properly and legally and that the goal was to bring this property up to standard. Councilmember Furtado reported Tanglewood was forcing people to live in slum conditions, which was beyond the scope of Code Enforcement. City Manager Ferris advised there were other more serious avenues that could be pursued when the City Council was ready, and he could prepare information regarding the process necessary to take over the property. Discussion ensued. It was the consensus of the City Council that the City Manager proceed with providing the information. ADJOURNMENT: There being no further business to discuss, upon motion by Vice Mayor Jablin, seconded by Councilmember Clark, carried 5 -0, the meeting was adjourned at 10:16 p.m. APPROVAL: JOS HR. RUSSO CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO ATTEST - -- ,,� 71 el=:� CAROL GO rf CITY CLERK FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 1IR\1 %\kll \(11)1)11 %AMFF ,pp NAMEOF HOAR D.0 01 IN( If, C OMMISSIO N.AUIII0R11Y.ORCOMMITTEE M %11 IN(. NDDRI "S I Ht HOARD. COUNCII_ ('UMIAMMON. AUI HOR11) OR COMMITTEE ON g c WHICH I SERVE IS A UNIT OF (� J O M, 2- r t:.i (e„ pi;?6__pY O COUNTY O OI HER I.00AI. AGENCY ^ ('Of' N lY 1\ �/�i�c 7�y /- VAfgE OF POLITICAL SUBDIVISION: 1)nl'E ON M'HI 'H VOIF. (X'Cl'RRfD IS MY POSITION , Z I� I ELECTIVE O APPOINTIVE 9 WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city. or other local level of government on an appointed or elected board, council, commission, authority. or committee It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143. Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the'instructions on this form before completing ;he re%erw side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding electi%e :punt%. municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE COTE BEING TAKEN by publicly stating to the as.embly the nature of your Interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office `LUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly noting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the contliia before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE w•lLL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting. who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a .conflict of interest. t F N014 %A .H J. '%l.c IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: * You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on '" 19 © (a) A measure came or will come before my agency which (check one) inured to my special private gain: or inured to the special gain of 142 r2' 9z.J , by whom l am retained. (b) The measure before my agency and the nature of my interest in the tmeasure is as follows: atzD))vrtPcfs !3, 2-00) Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000. CE FORM sti - 1.01 PAGE 2