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HomeMy WebLinkAboutMinutes Council 011702CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING JANUARY 17, 2002 The January 17, 2002 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 Lauren Furtado, Councilmember David Clark, and Chair Pro Tem Carl Sabatello. RE -ORDER AGENDA: Councilmember Furtado moved to re -order the agenda to place Ordinance 5, 2002 immediately following the Consent Agenda. Councilmember Clark seconded the motion, which carried by unanimous 5 -0 vote. PRESENTATIONS: Eagle Scout: Mayor Russo presented a Certificate of Achievement to Adam Walkover in recognition of his accomplishment of achieving the status of Eagle Scout, Boy Scout Troop 712. Building Official: Mayor Russo read a Proclamation honoring Building Official Jack Hanson upon his 30th year of employment with the City. Councilmember Furtado moved to approve the Proclamation; Councilmember Clark seconded the motion, which carried by unanimous 5 -0 vote. The Proclamation was presented to Mr. Hanson. Public Information Report: City Manager Ferris requested the report be received and filed. Quarterly Financial Report: Mayor Russo announced that this report would be heard at the next meeting. Quarterly /Annual Crime Report: Police Chief FitzGerald presented highlights of the report, and noted the major concern over the past year had been burglaries, which his Department was continuing to address. ITEMS AND REPORTS BY MAYOR AND COUNCIL: Councilmember Furtado reported that Gary Carter had contacted her and was thrilled that the City wanted to recognize him, and he would like to do a fundraiser for children in the City. Councilmember Furtado suggested resident Bob Sanders, who had written a book about his years with Mr. MacArthur, be recognized. Vice Mayor Jablin noted banners had been lent to Arti Gras. Mayor Russo reported that Mr. King, TMK Development, the developer of Legacy Place was unable to go forward after his anchor tenant, Jacobson's, had filed for bankruptcy. Mayor Russo commented he had spoken with Mr. Catalfumo, who was taking over the project, and informed him that the City wanted the project built as approved and if that could not be done because of economics, that he must come back to the City Council. The Mayor also reported he had spoken with Commissioner Karen Marcus regarding traffic, and requested staff coordinate traffic issues so that when projects such as Legacy Place and Mirasol did not meet their build -out dates, upon their completion there would not be additional traffic above that originally projected. Mayor Russo reported the Gardens United steering committee was working on their mission statement, which would be completed within 30 days and presented to the full membership. The CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/17/02 Mayor reported that the Budget Oversight Committee was to meet the next week and he and the City Manager were meeting with legislators to try to get money for the City. COMMENTS FROM THE PUBLIC: Carol Estrada, 309 Riverside Drive, reported over 20 residents in her neighborhood had met with Attorney Mathison, who was representing the Blood Bank in the Banyan Tree PUD project, and the residents had understood there would be no median cut onto MacArthur Boulevard. Ms. Estrada expressed concern that she had subsequently heard that staff was pushing for a median cut. Growth Management Director Charles Wu reported staff preferred the median for planning purposes; however, it was the City Council's decision. Mr. Wu explained that traffic concurrency for the project had been based upon a traffic study that included curb cuts, and deleting the cuts would require a new traffic analysis. Discussion ensued. The City Manager and staff were asked to meet with residents and the developer regarding a plan to reduce traffic numbers and speed in the connecting roadways that go through that area. Ms. Estrada indicated the residents on her street did not care about having sidewalks. Councilmember Furtado recalled a decision to use gas tax dollars for sidewalks; however, Mayor Russo indicated citizens did not want tax increases and tax revenue was being reduced. Mr. Wu asked if the traffic study was to be completed before second reading of the Blood Bank project. Mayor Russo indicated it seemed the applicant had gone back on their promise to the residents, and should provide a traffic study. Mr. Wu indicated staff wished to proceed cautiously because of safety concerns. John Inglis, 320 Riverside Drive, expressed the same concerns voiced by Ms. Estrada, requested traffic calming measures such as 4 -way stops, speed bumps, and reducing the tonnage on the bridge to discourage using the street as a cut - through, and encouraged City planners to preserve the look of the banyan tree. CONSENT AGENDA: Item (e) Compressor for City Hall was requested to be pulled from the Consent Agenda. Councilmember Clark moved approval of the Consent Agenda with the exception of item (e). Vice Mayor Jablin seconded the motion. The motion carried by unanimous 5 -0 vote. The following items were approved on the Consent Agenda: a. Consideration of approving the minutes of the December 20, 2001 Regular City Council Meeting. b. Resolution 191, 2001 - Compensation Study. Consideration of adopting a wage and compensation plan for job classifications within the personnel program of the City of Palm Beach Gardens. C. Resolution 12, 2002 — Declaration of Surplus Property. Consideration of declaring certain items of personal property as surplus property and authorizing its sale by auction. d. Resolution 11, 2002 — Auction for Surplus Items. Consideration of authorizing the City Manager to execute an auction agreement with Karlin Daniel & Associates, Inc. f. Resolution 7, 2002 — Frenchman's Reserve PCD Parcel D -Plat. Consideration of approving the Frenchman's Reserve PCD Parcel D -Plat. g. Resolution 8, 2002 — Frenchman's Reserve PCD - Parcel F -Plat. Consideration of approving the Frenchman's Reserve PCD Parcel F -Plat. CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/17/02 3 h. Resolution 9, 2002 - Frenchman's Reserve PCD Clubhouse -Plat. Consideration of approving the Frenchman's Reserve PCD Clubhouse -Plat. ORDINANCES: Ordinance 5, 2002 — Consideration of approving an application from Sprint Telecommunication for an amendment to the Westwood Gardens /Lakes Planned Unit Development (PUD) to allow for construction of a 125 foot high wireless telecommunication tower, to be located within the Westwood Gardens Section of the PUD located south of Hood Road, between Interstate 95 and the Ronald Reagan Turnpike, as more particularly described herein; providing for conditions of approval; providing for waivers; providing for conflicts; providing for severability; and providing for an effective date — for consideration of first reading. Growth Management Director Charles Wu presented the project. City Attorney Rubin explained that the reason this was presented for consideration was the code allowed accessory uses within PUD's of 50 or more acres. Julio Dumas, representing Sprint PCS and the residents of Westwood Gardens, spoke on behalf of the applicant, described the proposed tower and location, requested changes to proposed conditions, and indicated applicant had met setback requirements. Mr. Dumas requested approval of three carriers on this pole, to which Mr. Wu responded the code limited users to two and any additional users would require a waiver. Councilmember Furtado stated for the record she had met with the applicant and with the residents. Vice Mayor Jablin indicated he would prefer more users than less. Mr. Dumas clarified that additional antennas would be internal and would not be visible. Mr. Dumas explained that Sprint PCS was responsible for removing the tower if it was no longer used, that the rent was prepaid in lieu of providing a bond, and Sprint PCS did not object to not putting a flag on this pole or to changing the location of the tower. Mayor Russo expressed concern regarding setting precedent. Mr. Dumas indicated he could provide a list of other locations with towers in residential areas. Council member Sabatello indicated he wished to meet the intent of the code. Councilmember Furtado expressed the viewpoint that she was not comfortable with allowing the City's tower to be in a residential neighborhood of Lilac and Plant Drive, and not allowing this tower, especially when the residents of Westwood Gardens wanted the tower. Mr. Wu indicated that the code did not allow accessory uses in residential areas, and discussion ensued that perhaps the code should be changed to allow towers. Mr. Dumas commented if the flag went away, no waivers would be required, and the accessory use was permitted by code in a PUD of more than 50 acres. The City Attorney read aloud the applicable section of the code, and commented he considered the intent ambiguous. The City Attorney suggested that even if an accessory use was allowed that the City Council could consider whether another location within the PUD was more appropriate. Mayor Russo asked if this was a permitted use within a PUD; to which the City Attorney responded he did not believe it was a permitted use but under certain conditions could be considered an accessory use. Mike Forestell, Property Manager for Westwood Gardens Homeowners Association, stated he represented the constituency of 699 families in a 137 -acre community, and was requesting approval of this request. Mr. Forestell described the proposed flagpole appearance and location, and submitted an amendment to the HOA documents recorded in November 2001 allowing this type tower. Mr. Forestall advised that 100% of those voting had voted to install the tower. Mr. Forestall indicated this tower would provide good cell phone service for 2,000 people, that the income was important to the HOA, that their community was proud to fly the CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/17/02 4 American flag over their community, and requested the ability to use the flagpole to signal to the residents danger of flooding during storms. Mr. Forestall clarified that 72% of the Association membership voted for the tower. Phyllis Mumford, 5953 Golden Eagle, indicated the tower was imperative to use for flood warnings and that the residents wanted the tower. Annie Delgado, 5652 Eagle Lake Drive, requested consideration of this request, suggested changing the code, and pointed out this PUD was over 50 acres. Richard Greenfield, 5886 Golden Eagle Circle, commented the tower would not only help this neighborhood but also all the surrounding new development; and if not approved it would appear that the City was looking out for itself and not at what the residents wanted since the City had a tower in a residential neighborhood. Mr. Greenfield commented it had been pointed out this PUD met the requirement for accessory use which should be clarified since all other conditions had been met. George R. Blanck, 12829 Woodruff Drive, congratulated Jack Hanson and indicated he was a former Mayor of the City. Mr. Blanck indicated he believed this to be a win -win situation, emphasized all the homeowners had voted in favor of the tower, recommended the code meet changing conditions, expressed thanks to the City Council for their concerns for the residents, and stated the residents had reviewed those concerns and still felt this was best for them. Eileen Harden, 5616 Golden Eagle Circle, indicated that her job as an on -line teacher on assignment for Palm Beach County School District required her to use her cell phone all day to answer questions from students and she was forced to go outside for every phone call because of the poor cell phone service in this area. Ms. Harden requested if changes in the code were needed that they be made quickly so that she did not have to continue going outside for cell phone calls; and expressed her opinion that the wealthy homeowners in the new development at the corner of Hood Road and Central Boulevard would be concerned when they learned they could not use their cell phones in their own homes. The City Attorney clarified that it was a permitted use to have a cell tower in a residential area, within a PUD of 50 acres or more; the ambiguity was whether it was automatically considered an accessory use or whether there had to be finding that this use in this PUD was an accessory use. Mr. Wu indicated staff's finding was this was not an automatic accessory use but that they must demonstrate it was an accessory use. Discussion ensued. Mr. Dumas defined the range of the reception as approximately one mile and clarified that the tower would benefit other cell phone reception as well as that of Sprint PCS users. Mr. Wu reported the code required a one -mile separation between towers. Councilmember Furtado recommended moving this petition forward on first reading in order to look at the City's code Councilmember Sabatello recommended no flag in order not to call attention to the pole. Mayor Russo recommended looking at the maximum of two uses. Council member Sabatello commented that had been established for visible antennas but with stealth technology additional users would not alter the appearance and therefore it would be desirable to have more users. Mayor Russo requested verification that the tower would fall within the setbacks. Mayor Russo requested a workshop on City policy on towers at the next meeting. Councilmember Clark commented a flag would draw attention to the tower, and if there was no flag the pole would not need to be lit at night and a warning light for flooding that could be turned on when needed could then be used. Councilmember Clark commented regarding interpretation of setbacks, that he would be more comfortable with the location farther away from the clubhouse. Mr. Dumas indicated he would provide documentation on whether the location could be changed. Councilmember Clark CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/17/02 commented that the unanimous support of the residents, the fact that they had taken a vote, and the documentation presented regarding the amendment to the HOA covenants made the job of the City Council easier. Councilmember Clark moved that Ordinance 5, 2002 be placed on first reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 5, 2002 on first reading by title only. PUBLIC HEARINGS: Ordinance 38, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 38, 2001 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Chapter 86, "Buildings and Building Regulations," Article V, "Swimming Pools," of the City Code of Ordinances to clarify and update the regulations applicable to the construction of swimming pools; amending Sections 86 -117, 86 -150, 86- 177, 86 -179, 86 -181, 86 -182, 86 -184, 86 -193, 86 -227 and 86 -252; providing for codification; providing for severability; and providing for an effective date — for consideration of second reading. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Clark moved that Ordinance 38, 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 38, 2001 on second reading by title only. Ordinance 4, 2002 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 4, 2002 - 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 — for consideration of first reading by title only. Principal Planner Talal Benothman presented the amendments for the PGA Boulevard CRALLS. The Vice Mayor questioned if the City would not get the CRALLS if a roadway within the City's linkage plan was not built. Mr. Benothman responded that as projects came in the necessary roadways must be constructed prior to issuing the first CO. Mayor Russo clarified that if Kyoto Drive did not get built, a lot of the development could not occur. Councilmember Sabatello asked if Commissioner Marcus' staff had been notified; Mr. Benothman responded he had called her office, the County Transportation Planner, and Mr. Dan Weisberg and advised that this transmittal would be presented tonight, and had heard no objections. Councilmember Sabatello requested more advance notice in the future. Mr. Benothman explained they had also been notified a month ago. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Clark moved that Ordinance 4, 2002 be placed on first reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 4, 2002 on first reading by title only. RESOLUTIONS: Resolution 166, 2001 —. A resolution of the City Council of the City of Palm Beach Gardens, Florida approving an application from Gardens East Plaza for approval of a 14,090 square foot drugstore and 3,867 square feet of in -line retail with a tower feature on Tracts 1, 2, and 3 (1.67 acres) in the Promenade Shopping Center (fka Gardens East Plaza), located within the Gardens East Planned Community District (PCD), on the east side CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/17/02 6 Alternate AIA, approximately 500 feet north of Lighthouse Drive. Growth Management Director Wu presented for consideration the proposed 2 -phase project for an Eckerd drugstore at the Promenade in phase 1, and in -line retail in phase 2, and answered questions from the City Council regarding landscaping, traffic, parking, and signage. City Forester Mark Hendrickson reported the Special Master had given six months for the shopping center to correct the landscaping violations in the Alternate AIA median, and he would bring the memorandum of agreement and the new landscaping plan before City Council. Councilmember Sabatello indicated his desire to link the landscaping in the median to this project by a condition requiring the landscaping violations to be corrected before a CO would be granted for this project. Mr. Wu advised that the applicant had agreed to such a condition. Planner John Lindgren reported the former problem with young people hanging out at the plaza had been addressed by the property owner, and Police Chief FitzGerald reported since the curfew had been in place this had been much less of a problem. Traffic circulation was discussed, and the left turn coming in was recommended to become an exit only. Dodi Glas, Urban Design Studio, agent for the petitioner, commented there were multiple entryways into the shopping center to help alleviate the number of vehicles turning into the proposed curb cut. In regard to the parking issue in this location, Ms. Glas discussed parking and noted that an area behind the movie theatre that was now closed would be opened to parking to provide 28 more parking spaces. An on -site management office had been established, with the goal being to bring this center to standards desired by Palm Beach Gardens. Ms. Glas discussed proposed signage and the filled -in fountain that was proposed for a City logo sign. An overview of the security lighting for the Eckerd's building was provided. Councilmember Sabatello supported the same size lettering for both signs. William Caldwell, Oliver Glidden Architects, clarified building materials. Ms. Glas indicated she would need to go back to her client regarding changing the location of the curb cut and regarding the signage, and requested if these items were addressed in an acceptable manner that this item be brought back as a consent agenda item. David Wildrick, 3111 Gardens East Drive, #21, reported he lived on the second floor behind the plaza and he and other residents had seen an increase in activity from a couple of the restaurants as well as young people creating havoc. Mr. Wildrick explained that the residents were concerned that delivery trucks for Eckerds would increase the activity behind the shopping center, and commented he had called the police many times and that Swampgrass Willie's had become a real nuisance to the residents, and the owner did not care about the residents and did not control the noise. Mr. Wildrick reported speeding traffic. Mr. Wildrick indicated he had spoken with the manager of the plaza regarding Swampgrass Willie's, and with code enforcement. Zachary Berg, property manager of the plaza, commented he had spoken with Mr. Wildrick and with Kelvin Wise of Code Enforcement approximately 6 months ago, and had spoken with the owner of Swampgrass Willie's numerous times regarding not putting bottles in the dumpster at night, and that the owner appeared cooperative, and he had heard no further complaints. Mr. Berg indicated both children and adults had been warned about trespassing, and the police were called if they came back after being warned. Mr. Berg reported 5 children had gone to juvenile intervention programs and he had heard nothing from Mr. Wildrick or Mr. Wise in at least six months, and expressed his opinion that moving Eckerd's to the front of the center would eliminate at least half of the trucks in the back. Mr. Berg reported he had heard no complaints regarding the music until tonight, and CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/17/02 7 that the plaza employed security people to patrol during the night. The City Manager indicated staff would meet with Mr. Berg and if needed, the owner of Swampgrass Willie's, to resolve the situation. Mr. Wildrick commented there had been no further complaints because the residents had been advised by code enforcement that there was no law to address the problem. Mayor Russo commented that perhaps this could be addressed in a neighborly way rather than legally. CONSIDERATION OF ITEM PULLED FROM THE CONSENT AGENDA: (e) Compressor for City Hall. Consideration of removing the existing inoperable compressor and awarding the project to Atlantic Refrigeration in the amount of $20,891.00. The City Manager advised that not all options had been explored to obtain reimbursement, that the City was going ahead with repairs and reimbursement would be sought from the maintenance company. Councilmember Sabatello indicated he would work with staff on this matter. City Manager Ferris recommended approval of the compressor and staff would seek recourse. Councilmember Clark moved approval of the staff recommendation. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. CITY ATTORNEY REPORT: The City Attorney advised that Mr. Dennis O'Rourke's claim against the City had been dismissed, with leave to amend. ADJOURNMENT: There being no further business to discuss, upon m tion by Councilmember Clark, seconded by Vice Mayor Jablin, carried 5- the m tin was adjourned at 10:25 p.m. APPROVAL: A PH R. RUSSO _4. • v - -- DAVID CLARK COUNCILWOMAN LAUREN FURTADO ATTES t CA,RdI CrOLD, Y,CI;E•RK