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HomeMy WebLinkAboutMinutes Council 070501CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING July 5, 2001 . The July 5, 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, and Chair Pro Tem Carl Sabatello. Councilmember David Clark was absent from the meeting. PRESENTATIONS Senator Ken Pruitt provided a legislative update, expressed his opposition to a turnpike interchange at Northlake Boulevard, and presented a check to the City for the District Park. Kent Olson, Finance Director, who was leaving the City for a position in Orlando, was presented with a key to the City in appreciation for his years of service. ITEMS AND REPORTS BY MAYOR AND COUNCIL Councilmember Furtado announced John Gary had become a first -time grandfather, that his partner's wife was responsible for all of the public school lunches, and that another resident, Bill Myers, would provide a jazz program at the library beginning in October. Councilmember Furtado expressed thanks to George Kelley for changing his sign on Burns Road, and announced that in Florida Trend Magazine four of the top 250 companies listed were in Palm Beach Gardens: two Wackenhut companies, Dicon Industries, and Correctional Properties Trust. Vice Mayor Jablin announced he had met with Derrick Carroll, Director of the Palm Beach Gardens concert band, to pursue ideas about a concert series. The Vice Mayor reported he was also working on a green market. CITY MANAGER REPORT Consultant Services for Stormwater Management - City Manager Ferris announced receipt of a flyer from the Department of Transportation regarding PGA BOULEVARD Bridge closures. The City Manager recommended Lindahl, Browning, Ferrari and Hellstrom, Inc. (LBFH) to provide consultant services for stormwater management under a scope of services not to exceed $46,000. Estimated time for LBFH to provide a report, the result of which would be to list priorities and estimated prices, was discussed. Councilmember Furtado noted the City had already paid LBFH over the years for reports and documentation which they would use in this project, and recommended an in -house engineer take possession of this documentation and coordinate it, and go forward with a master plan. Discussion ensued. Consensus was to move forward at this time with LBFH and save money in the following years. Vice Mayor Jablin made a motion to authorize the City engineer to proceed on the stormwater services. Councilmember Sabatello seconded the motion. During discussion of the motion, Councilmember Furtado asked if there were emergency plans for flood control, to which the City Manager responded standard operating procedures had been upgraded to deal with these problems. The Mayor suggested presentation of a plan to deal with flooding at the Gardens Neighborhood meeting. Motion carried by unanimous 4 -0 vote. Mayor Russo proposed a survey regarding whether City managers in other municipalities lived within their cities. The City Attorney was requested to present this survey at the next meeting. COMMENTS FROM THE PUBLIC: Paula Magason, 3167B Gardens East Drive, expressed concern with speeders and parking in the swales on Gardens East Drive; that Code Enforcement did not tow the cars from swales; and grass and irrigation were destroyed which the Sandalwood Association must replace. The City Attorney indicated he would coordinate enforcement of the codes. Barbara Broadbeck, 3941 Flag Drive, thanked City staff for a delightful 35 years residency in this City. Ms. Broadbeck commented she had suffered three floods during the past 5 %2 years since the Church in the Gardens had added a parking lot, and read a letter dated 1995 in which the church had promised to look into this matter. Ms. Broadbeck requested that a temporary structure not be placed at the church site until the drainage problems were resolved, which was Resolution 67, 2001, on the agenda. Roger Blangy, Garden Woods, presented a letter in which he recommended a future Tri Rail station near Parcel 5A and Kyoto Drive to provide access to proposed future shopping areas, a movie theater, and Gardens Mall. Mr. Blangy proposed use of some land owned by Catalfumo Construction Company and his belief that compensation could be worked out, to replace the at- grade crossing near Garden Woods. Mr. Blangy indicated Garden Woods residents opposed the proposed at grade railroad crossing, did not believe a quiet zone could be put in force, and explained that he planned to attend an upcoming FDOT meeting to review the PGA flyover southwest ramp, and requested a representative of Catalfumo Construction Company also attend. CONSENT AGENDA: Councilman Furtado made a motion to approve the Consent Agenda with the date changed in Resolution 114, 2001 from Monday, September 4 to Tuesday, September 4. Vice Mayor Jablin seconded the motion, which carried by unanimous 4 -0 vote. The following items were approved on the Consent Agenda: a. Minutes - Consideration of approving minutes of the June 6, 2001 Regular City Council City Meeting. b. Resolution 110, 2001 - Amending Investment Policy. Consideration of approving an amended investment policy. C. Resolution 113, 2001 - Agreement for Disaster Recovery. Consideration of awarding a "piggyback" contract for disaster recovery services to Grubbs Construction Company. d. Resolution 114, 2001 - Changing Dates for Regular City Council Meetings in September. Consideration of changing the regularly scheduled meeting dates for the month of September. e. Resolution 115, 2001 - Financial Assistance Agreement with Palm Beach County for the Burns Road improvements. Consideration of executing a Financial Assistance Agreement with Palm Beach County relating to the Burns Road improvements. f. Resolution 117, 2001 - Florida Intergovernmental Finance Commission. Consideration of amending Resolution 14, 2001 to designating the City Manager as the City of Palm Beach Gardens' representative on the Board of Directors of the Florida Intergovernmental Finance Commission. PUBLIC HEARINGS: Ordinance 19, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 19, 2001, for consideration of first reading, continued from June 21, 2001 regular City Council meeting. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending 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 amendment. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilman Sabatello made a motion to place Ordinance 19, 2001 on first reading by title only. Motion was seconded by Vice Mayor Jablin and carried by unanimous 4 -0 vote. The City Clerk read Ordinance 19, 2001 on first reading by title only. Ordinance 20, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 20, 2001, for consideration of first reading, continued from June 21, 2001. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending the Comprehensive Plan of the City of Palm Beach Gardens by changing the land use designation for parcels known as 31.08 and 31.11, totaling approximately 80.55 acres, located at the northeast and northwest corners of Central Boulevard and I -95, from mixed use to residential high; 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 amendment. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin made a motion to place Ordinance 20, 2001 on first reading by title only. Motion was seconded by Vice Mayor Jablin and carried by unanimous 4 -0 vote. The City Clerk read Ordinance 20, 2001 on first reading by title only. Ordinance 21, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 21, 2001, for consideration of first reading, continued from June 21, 2001 regular City Council meeting. 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 27.5 acres of land, located along Beeline Highway approximately 1,800 feet northeast of the intersection of PGA Boulevard and Beeline Highway, from rural residential -10 to golf and amending the golf land use designation to allow for golf testing facilities and other golf related uses with up to 15,000 square feet of building area; 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 announced this application had been withdrawn and no public comment was necessary. Mayor Russo declared the public hearing closed. Ordinance 22, 2001 — Mayor Russo declared the public hearing open, held on the intent of Ordinance 22, 2001, for consideration of first reading, continued from June 21, 2001 regular City Council meeting.. 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 13.5 acres of land, located at the southwest corner of Donald Ross Road and Central Boulevard, from Mixed Use 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 amendment. Mr. Wu reported receipt of communication from the Mayor of Jupiter Karen Golonka requesting continuance. Mr. Wu advised that staff recommended moving forward in order to allow the application to begin the process and that the application would be available for interested parties to comment and for problems to be worked out before second reading, which would allow sufficient time for processing deadlines. Vice Mayor Jablin made a motion to place Ordinance 22, 2001 on first reading by title only. Motion was seconded by Councilmember Furtado to move this forward but indicated she was concerned with removing linkages. Mayor Russo indicated he was opposed to changing from mixed use to commercial, and he did not want to see Donald Ross Road become big box commercial. Discussion ensued. Hank Skokowski commented that this change in land use did not entitle the applicant to CG or straight zoning, which the petitioner understood; that this portion of the overall property did not front on Donald Ross Road; and there was already frontage that was designated commercial, and he believed what would be proposed for this property would be compatible with the concerns of the City and Jupiter. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Sabatello indicated he would vote against the motion since he would rather stay with mixed use and work with waivers on the site plan. The vote on the motion was 2 -2; therefore the motion failed Ordinance 23, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 23, 2001, for consideration of first reading, continued from June 21, 2001. 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 deleting Roadways #18 and #12 from the Conceptual Thoroughfare Plan and a parkway link from the Conceptual Linkage Plan that traverses through Parcel 3 1. 01 located at the northwest corner of PGA Boulevard and Central Boulevard; 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 amendment. Mr. Wu responded to Councilmember Furtado staff believed the roadways would not substantially relieve PGA Boulevard traffic. Councilmember Furtado indicated that continually removing things from the comprehensive plan sent the wrong message. Mr. Wu confirmed there would be private entrances /exits on PGA Boulevard and Central Boulevard. Mr. Wu presented a request from Commissioner Karen Marcus for continuance because of traffic forum issues and to allow additional time for review. Hank Skokowski commented circumstances had changed regarding how this process worked; that in 1995 when these local linkage roads were added there was potential for 5,000 dwelling units and 700,000 square feet of commercial development. Mr. Skokowski commented there had been a substantial change, since WCI proposed only 450 dwelling units and no commercial development, and the County engineering review had concurred this change was acceptable, and that these roads were considered local streets and had not been factored into any regional analyses. Mr. Skokowski advised that the master plan for 450 dwellings was on file with the City waiting to be heard and could not be heard until the City Council had considered deletion of these roadways. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin made a motion to place Ordinance 23, 2001 on first reading by title only. Motion was seconded by Councilman Sabatello and carried by unanimous 4- 0 vote. The City Clerk read Ordinance 23, 2001 on first reading by title only. Ordinance 24, 2001 - Vice Mayor Jablin declared the public hearing open, held on the intent of Ordinance 24, 2001, for consideration of first reading, continued from June 21, 2001 regular City Council meeting. 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 deleting a portion of Roadway #15 from the conceptual thoroughfare plan between Alt. A -1 -A and Military Trail; 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 amendment. Mr. Wu indicated that communication had been received from Mayor Golonka of Jupiter and from Commissioner Karen Marcus requesting continuance. Mayor Russo requested and received confirmation from Mr. Wu that the commitment was being eliminated to have this road as a public road between Military Trail and the railroad track. City Attorney Rubin advised this was the same situation as the public road through The Isles; that if this road remained it had to be public. Mayor Russo was advised it would be very difficult to make this an open community later. Vice Mayor Jablin indicated this seemed to be a road to nowhere and he did not wish to bisect communities just for the sake of putting a public road through them. The roadway configuration within the community and linkage to other roadways was discussed. Mayor Russo indicated he was not comfortable with getting all parties together and agreeing on connectivity and then removing it. Discussion ensued whether the community would be open or closed. Attorney John Gary representing the applicant, commented that tonight the only consideration was to delete a road from the thoroughfare plan that went from Military Trail to the railroad tracks, which went nowhere, and later when the PUD was considered another configuration would be presented. Attorney Gary spoke further on connectivity and that it did not always work. Attorney Gary responded to Mayor Russo that the applicant would request gates during the PUD process, which the Mayor indicated was entirely different than originally proposed and he did not want gates. The City Attorney indicated if any waivers were requested the City would have the ability to require an open community in exchange for granting waivers. Hank Skokowski, representative for the petitioner, noted he could review what was presented at the October meeting. Consensus was to move forward and to consider the positions of Jupiter and Commissioner Marcus before second reading. Councilmember Sabatello commented he was not against controlled access and would vote in favor of removing the roadway. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin made a motion to place Ordinance 24, 2001 on first reading by title only. Motion was seconded by Councilmember Furtado and carried by unanimous 4 -0 vote. The City Clerk read Ordinance 24, 2001 on first reading by title only. RESOLUTIONS: Resolution 67, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving a site plan and a temporary conditional use for the placement and use of a modular classroom unit at the Church in the Gardens; providing for conditions of approval; and providing for an effective date. Growth Management Director Charles Wu presented the project. Comments made earlier in the meeting by a neighbor were incorporated. A proposed drainage solution was presented, which was a condition of approval and Mr. Wu explained that the project could not move forward until it was completed. The drainage problems and plan was discussed. Ron Baily, Project Coordinator for the Church in the Gardens discussed the flooding. Donaldson Hearing, agent for the applicant, reviewed the project on behalf of the applicant. Mr. Hearing clarified that the applicant understood this was a 3 -year plan, and the drainage would be resolved. The Vice Mayor indicated he had a concern that the church had not previously addressed the drainage until they wanted an approval from the City. Mr. Hearing indicated he had been told the applicant had been working with Public Words to resolve the problem; Mayor Russo commented that it was not the job of Public Works to resolve drainage, and residents should contact the City officials. Attorney Rubin advised the condition of approval would not allow the church to move forward with the temporary facilities until the City Engineer had been satisfied regarding the drainage. Vice Mayor Jablin made a motion to adopt Resolution 67, 2001. Motion was seconded by Councilmember Furtado and carried by unanimous 4 -0 vote. Resolution 104, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Massachusetts Mutual Life Insurance Company for an amendment to the "Crossroads at Northlake" shopping center, located at the southeast corner of interstate 95 and Northlake Boulevard, to allow for a 19,208 square foot increase of retail space to the existing shopping center, to allow for modifications to the parking lot, to allow for an additional entrance from Northlake Boulevard, and to allow for facade renovations on a 21.09 acre portion of the "Crossroads at Northlake" shopping center as more particularly described in Exhibit "A" attached hereto; providing for conditions of approval; and providing for severability. Principal Planner Karen Craver presented the project. Rocky Biby, Kimley -Horn, explained a double lane eastbound exit off I -95 with a traffic signal stopping traffic had been approved by the County and DOT, which should help Northlake Boulevard traffic. The developer indicated two curb cuts had been eliminated. Robert Whitney, Asset Manager for the property, introduced others present on behalf of the property, provided a history of the project, and described the proposed major renovation. Councilmember Sabatello indicated he would like the improvements to the elevations to carry to the west elevation visible from I -95, and suggested one of the Sandtree ingress points be closed. Discussion ensued. The City Attorney advised that requests could be made, but all code requirements had been met, therefore the application should be approved. The Asset Manager indicated he would love to add more landscaping, etc., but finances precluded doing everything he would like. Suggestions were made to enhance the west elevation by adding molding, medallions, etc. Applicant requested the ability to work with staff to allow effective use of their funds. Staff indicated facades should be aesthetically pleasing from all rights - of -way and all facades could be required to be compatible. Vice Mayor Jablin made a motion to adopt Resolution 104, 2001 with the following condition as read into the record by the City Attorney: "The applicant shall work with City staff to provide additional features or banding on the west elevation to make it more compatible with the other elevations." Motion was seconded by Councilmember Furtado and carried by unanimous 4 -0 vote. Resolution 107, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, amending the fee schedule for emergency medical services (EMS) transport as adopted by Resolution 125, 1994; providing for conflicts; and providing for an effective date. Chris Brown, EMS Commander, presented a new fee schedule for EMS services that had not been increased in seven years, and that broken fees were now required by Medicare and Medicaid. Councilmember Furtado made a motion to adopt Resolution 107, 2001. Motion was seconded by Vice Mayor Jablin and carried by unanimous 4 -0 vote. Resolution 108, 2001 — A Resolution of the City Council of the City of Palm Beach Gardens, Florida, appointing three (3) members and reappointing one member to the Beautification and Environmental Committee, and providing for an effective date. Mark Hendrickson, City Forester, Committee Liaison, confirmed that Councilman Clark had agreed to these appointments, that he had confirmed with all three applicants that they wished to serve, and that Richard Beladino wished to serve even though he was on the Pension Board. Vice Mayor Jablin made a motion to approve Resolution 108, 2001 inserting the names Richard Mulligan, William Olsen, and Richard Beladino into the blanks. Councilmember Furtado seconded the motion, which carried by unanimous 4 -0 vote. Resolution 111, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, adopting a proposed maximum millage rate for the City of Palm Beach Gardens for fiscal year 2001/2002; setting the date, time and place of the first budget hearing; providing for severability; providing for conflicts; and providing for an effective date. Staff clarified items added back into the budget. Vice Mayor Jablin moved approval of Resolution 111, 2001 with a proposed maximum millage rate of 5.9746. Motion was seconded by Councilmember Furtado and carried by unanimous 4 -0 vote. ITEMS FOR COUNCIL ACTION July 19, 2001 Regular City Council Meeting - Mayor Russo announced that the July 19 meeting was cancelled since a quorum will not be available. ITEMS FOR DISCUSSION: Legal Nonconformities - Growth Management Director Charles Wu discussed the upcoming August 18 deadline for legal nonconforming uses. Staff advised that the traditional approach, allowing all grandfathered nonconformities to continue until they were abandoned or destroyed or until the property owner wished to modify the use or structure, was the safest and most conservative approach, and was advisable since an inventory of non - conformities had not been created in 1994. Mayor Russo indicated staff should proceed. CITY ATTORNEY REPORT City Attorney Rubin reported a decision had been received that day that the City did have the right to regulate the Vavrus property and upholding the Code Enforcement fines. ADJOURNMENT: There being no further business to discuss, upon motion by Vice Mayor Jablin, seconded by Councilmember Furtado, carried 4 -0, the meeting was adjourned at 10:35 p.m. APPROVAL: R SEPH_R. RUSSO VICt —MAC' IC JABLIN CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO ATTEST: CAROL GOLD CITY _CLERK:, yam,