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HomeMy WebLinkAboutMinutes Council 050301CITY COUNCIL REGULAR MEETING, 5/3/01 1 CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING May 3, 2001 The May 3, 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 in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember David Clark, Councilmember Lauren Furtado, and Councilmember Carl Sabatello. REORDER AGENDA Vice Mayor Jablin, seconded by Councilman Clark made a motion to consider the Stormwater Utility fee item next on the agenda. All voted in favor. PRESENTATIONS Stormwater Utility Fee - Mayor Russo explained the residents had not wanted the Stormwater Utility as proposed, and requested an assessment be made to find out what actually had to be done, the cost, and where the level of service would be increased. Mayor Russo explained that the results of the assessment would be presented to the residents by the City Council. Vice Mayor Jablin reported he had attended all the meetings and there had been a misconception that new development was causing flooding, when in fact these developments paid for their own stormwater systems and these helped fix flooding problems in other areas of the City. Another misconception reported by the Vice Mayor was that residents had thought the City had already made the decision regarding the user fee and was trying to sneak it by the residents, although public meetings were held to inform the residents. Vice Mayor Jablin explained that the proposed program would have improved the condition of canals in parts of the City where they were not currently maintained properly, and that although a lot of work had been done, more was necessary, and more resources would have to be committed as ad valorem taxes. The Vice Mayor asked that the City work together and not be divided over this issue. Councilmember Furtado requested a report on the work accomplished and amounts spent to date on the 5 -year drainage plan approved in 1995. Councilmember Furtado indicated recent flooding on Holly Drive had been because the bridge had not been widened; that retention ponds must be re- dredged, and that the C -17 canal had no flow meter to determine the amount of water coming in from West Palm Beach, Riviera Beach, and Lake Park. Councilmember Furtado requested information regarding whether the County had completed their canal restorations within the City boundaries. Mayor Russo requested the City Engineer be asked those questions. The City Manager reported on research that had been done to respond to Councilmember Furtado's questions. City Engineer Clark reported he had found a second 5 -year plan where dates had been changed, and reported there had been ongoing activities, but numerous issues had delayed the work. The City Engineer explained the canals were being deepened but not widened, and that the canal between Holly Drive and Lighthouse Drive had not yet been cleaned and caused the flooding described by Councilmember Furtado. City Engineer Clark commented there were very few retention areas that were the responsibility of the City, but that Lake Catherine was one; and there were current maintenance plans for retention ponds. Councilmember Furtado requested required maintenance be done for all of the CITY COUNCIL REGULAR MEETING, 5/3/01 2 ponds, not just those under the city's jurisdiction. City Engineer Clark indicated velocity of water was gauged close to West Palm Beach; however, it had been recognized that another gauging station was needed. The City Engineer indicated South Florida Water Management would be contacted to see if they were planning to widen the 5 -44 structure to 3 gates, and to ask them to review this possibility. The City Manager recommended getting a professional engineering firm to look at the drainage system to determine what was needed and the cost to fund improvements. Councilman Sabatello indicated the scope of work was important, and the consultant would need to set priorities and then determine the money needed. Councilman Sabatello commented that the plan presented by the consultant needed to be accepted, and that an answer was needed quickly. Councilman Clark commented emotions had run high on this issue, thanked staff for their efforts, reported the meetings had indicated the people wanted the system fixed but not financed as proposed, and requested that a financing plan with protected funding be established. Councilmember Furtado questioned what had happened to the $50,000 allocated for a drainage assessment in the 1998 -1999 budget. Discussion ensued. Mayor Russo expressed his opinion that staff should have been contacted regarding questions prior to this meeting. Carol Estrada, Riverside Drive, indicated the public meetings had been informative, but that many residents did not receive notice of the meetings; and reported tests she had done to determine where the water flowed. Ms. Estrada requested more public meetings be held and that they be better publicized. Lois Alcock, 4262 Althea Way, requested funding for canals not be diverted, that the major problem was water flow to eliminate flooding and not landscaping, and requested in writing the time it takes the 5 -44 control lock and the BallenIsles control lock to open. The City Engineer responded to Ms. Estrada's question regarding water flow from a development north of Westwood Gardens that the flow would be to the north. Mayor Russo explained that recently the City had stopped new development work north of PGA Boulevard in Units 2 and 19 until a new master drainage plan could be implemented. Pat Hughey, 9120 Reed Drive, requested notification farther in advance of the meetings and meetings at more convenient times. Ms. Hughey requested the vision plan be reviewed. James Bosso, 405 Lighthouse Drive, asked how engineering fees for projects were currently handled. Mayor Russo responded. Mr. Bosso asked if a number of engineering firms could be contacted regarding obtaining ideas for stormwater drainage solutions, to which Mayor Russo responded the City Manager had been authorized to obtain a study. Mr. Bosso asked if South Florida Water Management would do some studies if requested, to which Mr. Russo responded he would like the City to be more independent on this issue. The City Engineer reported that the City had requested help from South Florida Water Management on several occasions to which they had responded they would do so after a check was received. Mayor Russo stated that the City Manager had been authorized to proceed with the assessment study. Comprehensive Annual Financial Report - Terry Moore with Nolen, Holt and Miner reported the City had a fairly clean set of financial statements with no significant changes from the prior year; that excellence in financial reporting had been achieved in prior years and the same was expected for this year. The audit opinion had no comments and the basic financial statements indicated funds were spent as authorized by the budget. The supplemental information provided more details, and that there were no reportable compliance conditions and internal controls. The management letter included four minor comments with which staff had agreed and was in the process of implementing. CITY COUNCIL REGULAR MEETING, 5/3/01 3 ITEMS AND REPORTS BY MAYOR AND COUNCIL Councilmember Furtado thanked the Police Department and Vice Mayor Jablin for providing information regarding the Palm Beach Gardens High School cafeteria. Councilmember Furtado reported 1220 students had the same lunch hour and the cafeteria could only serve 600. She requested action on this serious situation, and asked if that situation existed in other schools. Councilmember Sabatello suggested the City Manager talk with the Principal of the school to get more information before contacting the School Board. The City Manager commented the Fire Department would do a head count the next day at lunch. Councilmember Sabatello commented he would not be able to attend the next Seacoast Utility Board meeting. Councilman Clark made a motion to appoint City Manager Ron Ferris as the temporary replacement for Carl Sabatello on the Board of Seacoast Utility Authority for the evening of May 23, 2001. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Mayor Russo reported that at the Mayor's meeting from the Chamber of Commerce, interest had been expressed in providing funds for devising a North County Development Plan CITY MANAGER REPORT Public Information Report - City Manager Ferris indicated that the Public Information Report had been provided in the packets. COMMENTS FROM THE PUBLIC: Pat Hughey, 9120 Reed Drive, expressed concern with the cost of color printing, suggested providing a pay phone close to City Hall, and requested more utilization of power point presentations, using as an example the financial report provided by the auditing firm. Mayor Russo requested the auditor also provide brochures for the public. Ms. Hughey proposed a letter to FDOT regarding a request for traffic signal at North Military Trail and Arbor Way, and requested City Council work on this issue. Ms. Hughey noted a lack of play area in Palm Beach Square, and that the area had been heavily impacted by NorthMil Shopping Center. CONSENT AGENDA: Councilmember Clark moved approval of the Consent Agenda. Councilmember Furtado seconded the motion, which was approved by unanimous 5 -0 vote. The following items were approved on the Consent Agenda: 1. Consideration of approving Minutes from the April 5, 2001 City Council Regular City Meeting. 2. Rejection of Bids for Fire Station No. 3. Consideration of rejecting all bids received for the proposed Fire Station No. 3 construction project. 3. Resolution 63, 2001 - Florida Fish & Wildlife Field Operations Center - Concurrent Review. Consideration of approving concurrent processing of applications submitted by Florida Fish and Wildlife for a rezoning to Planned Unit Development and a Site Plan Review Application for property located 700 feet North of the Beeline Highway within the Sandhill Crane Ecosystem adjacent to the Loxahatchee Slough. 4. Resolution 65, 2001 - Grant Agreement for Burns Road improvements. Consideration of authorizing the Mayor and City Clerk to execute a County Incentive Grant Program Agreement with the Florida Department of Transportation and Palm Beach County. 5. Resolution 69, 2001 - FEMA Grant. Consideration of authorizing the Mayor to execute an application for assistance to Firefighters' Grant Program Funds for Firefighter training, and to enter into an agreement for the Federal Emergency Management Agency Fund monies. CITY COUNCIL REGULAR MEETING, 5/3/01 4 6. Resolution 70, 2001 - FEMA Grant. Consideration of authorizing the Mayor to execute an application for assistance to Firefighters' Grant Program Funds for Firefighter wellness and fitness, and to enter into an agreement for the Federal Emergency Management Agency Fund monies. 7. Police Department Road Patrol Vehicles. Consideration of purchasing three road patrol vehicles for the amount of $62,440.00. 8. Resolution 71, 2001 - Roadway Lighting Maintenance Agreement with FDOT. Consideration of authorizing execution of a Roadway Lighting System Maintenance Agreement and Addendum with the Florida Department of Transportation. 9. Resolution 73, 2001 - Parcel 28.01(A.K.A. Legacy Place) Plat. Consideration of approving the Parcel 28.01(a.k.a. Legacy Place) Plat. 10. Resolution 74, 2001 - Northlake /Congress Commercial Center - Plat. Consideration of approving the Northlake /Congress Commercial Center Plat. PUBLIC HEARINGS: Ordinance 7, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 7, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, assessing a fee on telecommunications companies that occupy municipal rights -of -way for telecommunications facilities; providing for payment and interest; providing for review of records; providing for severability; providing for conflicts; and providing for an effective date. City Attorney Len Rubin explained this ordinance would capture fees to which the City was entitled between January 1 and October 1, 2001. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. It was clarified this was the second reading of this Ordinance. Councilman Clark made a motion to place on second reading by title only and to approve Ordinance 7, 2001. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 7, 2001 on second reading by title only. Ordinance 33, 2000 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 33, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for amendments to the Comprehensive Plan of the City of Palm Beach Gardens based on the recommendations of the Local Planning Agency and staff; providing for adoption; providing for transmittal; providing for codification in the Comprehensive Plan; providing for severability; providing for conflicts; and providing for an effective date. Following a staff presentation, Attorney Larry Smith requested one change to the ordinance, in policy 2.1.6.1, to delete the words "and or the right -of -way itself' in reference to expanding laneage because the City always had the right to expand by condemning property and paying for it, and he would not like this provision to be interpreted that the City had the right to expand an already dedicated right -of -way without paying for it. City Engineer Clark indicated the City recognized that they would have to make payment, and that it was hoped this language might eliminate having to first condemn the property. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark made a motion to place Ordinance 33, 2000 on second reading by title only and to approve Ordinance 33, 2000. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 33, 2000 on second reading by title only. Ordinance 10, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 10, 2001 - An Ordinance of the City of Palm Beach Gardens, Florida, rezoning approximately 74.2 acres of land generally located southeast of the intersection of PGA Boulevard and Alternate AIA, CITY COUNCIL REGULAR MEETING, 5/3/01 5 as described herein; amending the City of Palm Beach Gardens official zoning map; approving a master plan of development for the Legacy Place Planned Community District; providing for conditions; providing for waivers; providing for conflicts; providing for severability; and providing for an effective date. Growth Management Director Charles Wu reviewed issues that had been resolved, and noted that a FPL utility easement encroached in the City's right -of -way. Henry Iler, Consultant for the City, reviewed the staff report, and noted changes since the last presentation. Mr. Iler indicated that staff and the applicant had agreed to the following language to be added at the end of condition 5: "If the County amends the public facilities agreement applicable to this project, the City may administratively modify the above road improvement requirements consistent with that amendment." City Engineer Dan Clark described the design of Legacy Drive. Councilman Sabatello recommended that a left turn lane be included in the conditions of approval. Discussion ensued regarding Commissioner Marcus' request to extend the buffer wall along Legacy Drive around the corner onto Fairchild Gardens Drive. Henry Skokowski, agent for the applicant, recognized that the right -of -way would need to be unencumbered, described roadway alignment and right -of -way width, and explained that lighting and signing would come back through staff, the Planning and Zoning Commission, and City Council. Attorney Larry Smith, representative for the applicant, thanked staff for their cooperation and requested and received verification from City Engineer Dan Clark that conditions 13, 14 and 24 relating to DOT approvals had been satisfied. The homeowner living at the end of Monet Terrace expressed concern with increased traffic and requested a wall. A representative for Commissioner Marcus indicated the County would pay half of the cost of removing the encroaching power pole belonged to Bell South, with Bell South, FPL, and Adelphia Cable wires on it. Fran Vogel commented she lived in the second house in from the south on Monet Terrace and requested a wall extended around the corner. Brian Rooney requested the wall extend a full 300' around the corner. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Councilman Sabatello requested the wall extend around the corner to the corner of the first home. The representative for Commissioner Marcus indicated the process of installing landscaping for additional screening had already started. Mr. Rooney commented the wall extending around the corner could be C because of a different elevation. Mr. Skokowski indicated the applicant agreed to install a left turn lane from Legacy Drive into the residential section of the project and also agreed to provide the wraparound portion of the wall, working with the homeowner regarding the wall height. Mr. Wu indicated staff would work with the applicant for a workable solution if the power pole could not be removed. Attorney Larry Smith recommended language "unless otherwise approved by the City" be added at the end of condition 12. Mr. Iler advised that Condition 29 covered Councilmember Sabatello's concerns regarding the landscaping on the east side of Fairchild Gardens Drive. Mr. Skokowski expressed hope that the County would work with the applicant to provide landscaping in the area of the wall extension around the corner. Councilman Clark made a motion that Ordinance 10 be placed on second reading by title only and approved with the amendments that had been read into the record to condition 5, and condition 12, and with the proviso that the 8' privacy wall along Legacy Drive be extended to wrap around the most northwesterly house in the Monet Terrace subdivision to a point corresponding to the front wall of that house at a height to be mutually agreed upon by the City, the developer, and the resident. Vice Mayor Jablin seconded the motion. Councilman Clark amended the motion to include an amendment to Exhibit "C" with the left turn lane penciled in at the residential entrance; and to allow flexibility on Exhibit `B" where it did not show the power lines so that adjustments could be made CITY COUNCIL REGULAR MEETING, 5/3/01 6 based on the cross section to allow the power lines if unsuccessful in replacing them by any other means. Vice Mayor Jablin seconded the amended motion. Motion carried by unanimous 5 -0 vote. The City Clerk read Ordinance 10, 2001 on second reading by title only. RESOLUTIONS: Resolution 58, 2001 - Legacy Place Commercial Site Plan. Consideration of approving the construction of commercial Parcels "A ", "B" and "C" within the Legacy Place Planned Community District, which is generally located southeast of the intersection of PGA Boulevard and Alternate AIA, as more particularly described in Exhibit "A" attached hereto; providing for conditions; providing for waivers. Henry Iler, Consultant for the City, reviewed the staff report. Councilman Clark made a motion to approve Resolution 58, 2001. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Resolution 59, 2001 - Legacy Place Residential Site Plan. Consideration of site plan approval of residential Parcel "D" within the Legacy Place Planned Community District, which is located at the northeast corner of Alternate A I A and RCA Boulevard, as described herein; providing for conditions of approval; providing for waivers. Henry Iler, Consultant for the City, reviewed the staff report. Mr. Iler requested the following addition at the end of condition 6: "unless otherwise administratively approved by the City." Henry Skokowski, agent for the applicant, expressed appreciation for the help provided by staff. Councilman Clark made a motion to approve Resolution 59, 2001 with the following addition to Condition 6 in Section 2, following the words "Parcel D" at the end of Condition 6 to add the words "unless otherwise administratively approved by the City." Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Staff was congratulated on a great job. ITEMS FOR COUNCIL ACTION: Mayor Russo requested staff time be used to solve problems, respond to City Council direction rather than to requests from a single member of the City Council, and that the 3 -2 -3 rule be reinstated. Mayor Russo requested that members not bring up questions at a meeting, but present those questions when a solution could also be presented. Councilmember Furtado indicated she had not contacted any staff members regarding the stormwater questions, but had spoken to the City Manager, and also pointed out that the stormwater meetings had been held in between this meeting and the last City Council meeting, and since the matter was to be discussed tonight, she had felt it was the proper time to state her questions. Vice Mayor Jablin objected to the implication that the City Council had done something wrong in the past, since he believed nothing wrong had been done. ITEMS FOR DISCUSSION: Project Graduation - Finance Director Kent Olson reported this item had been cut from the budget and suggested if the City Council wished to make a donation to Project Graduation that it could be taken out of City Council Contingency this year. Councilmember Clark made a motion to contribute $500 to each of the two Project Graduations to be taken from the City Council Contingency fund. Vice Mayor Jablin seconded the motion. During discussion of the motion, Councilmember Sabatello indicated that such items should not be cut from the budget in the future. Motion carried by unanimous 5 -0 vote. CITY ATTORNEY REPORT Settlement of Tanglewood Code Enforcement Liens - City Attorney Len Rubin reported there was $17,000+ in liens that Tanglewood had appealed and was currently pending. A code provision in the City's LDR's prohibited any further development on property where liens were pending. The CITY COUNCIL REGULAR MEETING, 5/3/01 7 proposed settlement would take place in three parts: Tanglewood would pay $7500 towards their fines; they would dismiss their appeal of those fines; and the City would execute a release of lien which would provide funds for the City and allow Tanglewood to move forward with their development. City Manager Ferris reported Mr. Malefatto had indicated in a phone call that the development was now planned to be phased, and that a proposed meeting with the City Attorney, the City Manager, and Mr. Malefatto had not taken place. Councilman Sabatello expressed his opinion that the City should not back down on this Code Enforcement issue, and commented that the Tanglewood development was getting worse every day. City Attorney Rubin agreed, stated this agreement did not cover future violations, and that the City was not backing down, but until this was done they could not move forward. Attorney Timothy Schultz indicated he only had knowledge of the Code Enforcement case, but he would report to Mr. Malefatto and the client that the City Council was very concerned about what was going on. Councilman Clark made a motion to approve the staff recommendation. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. ADJOURNMENT: There being no further business to discuss, upon motion by Councilman Clark, seconded by Vice Mayor Jablin, carried 5 -0, the meeting was adjourned at 10:17 p.m. APPROVAL: ATTEST: CAROL'S CITY CLERK,,-,,. COUNCILMAN DAVID CLARK (4 dUAA^m-- fm;�" COUNCILWOMAN LAUREN FURTADO KE