Loading...
HomeMy WebLinkAboutMinutes Council 060304CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING June 3, 2004 The June 3, 2004 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:08 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. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Vice Mayor Russo, Councilmember Clark, and Councilmember Levy. Councilmember Delgado arrived at 7:13 p.m. ANNOUNCEMENTS / PRESENTATIONS: Citizen Mobil Patrol Program — Officer Lovejoy of the Police Department explained the program, which would consist of volunteers to partner with law enforcement to provide additional eyes and ears to assist in deterring crime. Some similar programs in other municipalities had been in existence for fifteen years. The City Attorney advised that there was sufficient insurance to cover these volunteers for liability. Volunteers would be required to participate in initial and ongoing training. Relay for Life Award - Charlotte Presensky, Community Services, introduced Susan Cupp, Executive Director of American Cancer Society of Palm Beach County, who thanked the Council for hosting the Relay for Life Event, a signature fund - raiser for cancer research, which had resulted in $25,000 being raised. A plaque of appreciation was presented to Mayor Jablin. ITEMS OF RESIDENT INTEREST: Mayor Jablin advised that City Manager Ron Ferris was in the hospital and was to undergo bypass surgery the next morning. Councilmember Levy indicated a desire to establish a softball team to play against Juno Beach. Councilmember Delgado reported that at the request of the Women's Chamber of Commerce she had provided a legislative update from the City to elected officials. Mayor Jablin reported last week he and City Engineer Dan Clark had attended a meeting of the PGA Residents regarding widening PGA Boulevard from the turnpike to the west. The Mayor reported that had been a difficult meeting because information provided to the residents had not been correct, and he had not been able to provide good news. Mayor Jablin indicated a plan was being formulated, the County Commission did not want more than four lanes, and the City would continue to move forward to get four lanes, possibly with a CRALLS. When the plan was completed, a meeting of all the affected residents would be called. Vice Mayor Russo commented the residents would need to deal with traffic noise and traffic congestion, and they must look at the situation realistically. Discussion ensued regarding the amount of misinformation residents had expressed at the meeting, and that the City must work on this matter very carefully to look after the residents. CITY MANAGER REPORT: City Engineer Dan Clark reported the Turnpike Authority was reconfiguring lanes at the turnpike entry, which would be a 3 -4 month project. Vice Mayor Russo requested Mr. Clark ask the Turnpike Authority about sufficient lanes at the new turnpike interchange. Jack Downey indicated staff was ready to serve on any issue during the City Manager's absence. COMMENTS FROM THE PUBLIC: Lauren Furtado, 4318 Crestdale Street, spoke regarding drainage issues for MacArthur Boulevard, and expressed concern because of the CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/3/04 2 age of the pipes that they could crack when all the heavy equipment was brought in to do the improvements. Ms. Furtado commented she would rather spend a little more now for new pipes than to have to go back to replace them later. Ms. Furtado commented the proposed bicycle /pedestrian path width of 6' was not wide enough to accommodate both bicycles and pedestrians, and asked that they be expanded to 8' to 10'. Mayor Jablin indicated this would be deferred to the engineers and planning staff to be looked into. Joan Elias, 1009 Diamondhead Way, PGA National, commented if she were notified more than a week ahead of time she was authorized by CAN to book a room on property so more people could attend the meetings regarding PGA Boulevard lane widening. Ms. Elias apologized for the behavior of some of the PGA National residents, who would not listen, and expressed appreciation that the City planned to wait to hold the next meeting when there was more information and to have DOT representatives present to answer questions. Stanley Lubitt, 759 Boche Court, Evergrene, commented the Evergrene Clubhouse completion had been extended to the end of April and asked what was happening. Growth Management Administrator Charles Wu advised that a number of building permits and CO's were being held up, and meetings were being held with the developer to try to wrap everything up, and completion should occur next week. CONSENT AGENDA_ Councilmember Clark moved approval of the Consent Agenda with Resolution 127, 2004 pulled. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. The following items were approved on the Consent Agenda: a. Resolution 110, 2004 — Financial Assistance Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a financial assistance agreement with Palm Beach County for median beautification along Northlake Boulevard and Military Trail as part of the "Only Trees, Irrigation, and Sod" (OTIS) program; and providing an effective date. b. Resolution 111, 2004 — Financial Assistance Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a financial assistance agreement with Palm Beach County for median beautification on Military Trail as part of the Keep Palm Beach County Beautiful Grant Program; and proving an effective date. C. Resolution 112, 2004 — Joint Participating Agreement and Memorandum of Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a Joint Participation Agreement and Maintenance Memorandum of Agreement with the Florida Department of Transportation for median beautification on Military Trail as part of the Keep Palm Beach County Beautiful Grant Program; and providing an effective date. d. Resolution 113, 2004 — Easement Deed in favor of Seacoast Utility Authority. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the execution of an Easement in favor of Seacoast Utility Authority for the installation, operation, maintenance, and service of water and sewer lines and appurtenant facilities in, on, over, under, and across the Easement premises; authorizing the Mayor and City Clerk to execute said Easement; and providing an effective date. f. Proclamation — World War II Veterans Recognition Day. The following item was removed from the Consent Agenda: Resolution 127, 2004. Opposing El Paso Seafarer Natural Gas Transmission Pipeline. A CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/3/04 3 Resolution of the City Council of the city of Palm Beach Gardens, Florida opposing the construction of the El Paso Seafarer natural gas transmission pipeline; and providing an effective date. Councilmember Clark requested a voice vote on this Resolution. Vice Mayor Russo moved approval of Resolution 127, 2004. Councilmember Delgado seconded the motion, which carried 4 -1 with Councilmember Clark opposed. PUBLIC HEARINGS: PART I — QUASI - JUDICIAL — Mayor Jablin reviewed the required procedure. The City Clerk swore in all those intending to offer testimony this evening on any of the quasi-judicial cases. Ordinance 16, 2004 — Weiss School Renovations. (1s` reading) An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to rezoning; providing for the rezoning of a parcel of land consisting of 7.76 acres, more or less, located on the South side of Burns Road, approximately one -half mile East of Military Trail, as described more particularly herein, from Research & Light Industrial Park (M -1) to Planned Unit Development (PUD) overlay with an underlying zoning of Research & light Industrial Park (M -1) to be known as the Weiss School PUD; proving for revisions to the zoning district map; and providing an effective date. Resolution 108, 2004 — Weiss School Renovations (a companion Item to Ordinance 16 which will require Council action at second reading): A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the development plan petition of the Nexus Design Group, agent for Weiss School Inc., for the 7.76 acre properly located on the South side of Burns Road, approximately one -half mile East of Military Trail, as described more particularly herein, to allow for renovations to the existing school site and the conversion of 25, 995 square feet of office use to school use; granting conditional use approval for a private school; providing for waivers; providing for conditions of approval; and providing an effective date. The City Clerk read Ordinance 16, 2004 by title only on first reading. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 16, 2004, and called for ex -parte communication. Councilmember Levy reported ex -parte communication with staff and Weiss School officials, and asked for a legal opinion as to whether a previous business relationship would keep him from voting. City Attorney Tatum advised that Councilmember Levy could vote since he no longer had a business relationship with the applicant. Councilmember Delgado reported ex -parte communication with staff and that she had also gone to the Weiss School and spoke with them. Mayor Jablin reported he had a conversation with Elizabeth Weiss 6 -8 months ago regarding the school. Councilmember Clark reported he had had no ex -parte communication. Planner Brad Wiseman presented the project. Questions arose regarding traffic management at pick -up and drop -off areas, if the landscaping plan took into account moving well PBG 11, and monitoring the number of students, for which Mayor Jablin requested answers at second reading. Mr. Benothman clarified the stacking area. Gregory Houng, presented the project on behalf of the applicant. Randy Lubart, 202 Thornton Court, PGA, who indicated he was a parent of two students in the Weiss School, spoke in support of the school, and expressed gratitude to the City Council. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place Ordinance 16, 2004 on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 109, 2004 - Frenchman's Creek Side Setback Waiver. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a waiver from City Code CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/3/04 4 Section 78 -141, Residential Zoning Districts, to allow for the expansion or construction of patio /villa units to extend to the side property line abutting non - residential property within the Frenchman's Creek Planned Community Development (PCD); and providing an effective date. The City Clerk read Resolution 109, 2004 by title only. Major Jablin declared the public hearing open. Ex -parte communication was reported: Councilmember Delgado reported ex -parte communication with staff and with Bernie Porcelli who wanted to convey that their POA was strongly backing this setback waiver. Mayor Jablin, and Vice Mayor Russo also were contacted by Mr. Porcelli. Mr. Levy reported he discussed this matter with staff. Mr. Clark had no ex -parte communications. Brad Wiseman was present on behalf of staff. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to approve Resolution 109, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 23, 2004 - relating to the zoning for the Donald Ross Village PUD (1" reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 53, 2002 relating to the zoning for the Donald Ross Village Planned Unit Development (PUD) to transfer and amend the conditional use approval, site plan approval, and related conditions through a separate resolution; and providing an effective date. Resolution 125, 2004 and Resolution 115, 2004 are companion items to Ordinance 23 and will require Council action at second reading: Resolution 125, 2004 - Amendment to the development plans for the Donald Ross Village PUD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the development plans for the Donald Ross Village Planned Unit Development (PUD) generally bounded by Donald Ross road to the north, Central Boulevard to the west, and Military Trail to the east, as more particularly described herein; providing for additional waivers; providing for an amended to conditions of approval; and providing an effective date. Resolution 115, 2004 – Donald Ross Village PUD – approval of site preserve. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving a request by Donald Ross / Military, L.C., for a upland preserve set aside for Donald Ross Village Planned Unit Development (A.K.A. Parcels 4.02 and 4.04) to be located on a 3.09 -acre site on the Bee Line Highway, approximately 1.25 miles North of PGA Boulevard; as more particularly described herein, providing for conditions of approval; and providing an effective date). The City Clerk read Ordinance 23, 2004 on first reading by title only. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 23, 2004. The following ex -parte communications were disclosed — Councilmember Delgado and Councilmember Levy reported speaking with staff. Mayor Jablin, Vice Mayor Russo, and Councilmember Clark reported no ex -parte communication. Senior Planner Kara Irwin presented the project. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place Ordinance 23, 2004 on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. 1 t11 \1 11 1 \Vl \� Vt1A71 Ordinance 17, 2004. (2" reading) Boards, Committees and Commissions. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to Boards and Committees; repealing Article III of Chapter 2, Code of Ordinances entitled "Boards, Committees and Commissions" in its entirety; repealing Article II of Chapter 46, entitled "Parks And Recreation Advisory Board" in its entirety; repealing Sections 78 -22 And 78 -23, Code of Ordinances entitled "Planning and Zoning Commission" and "Board of Zoning Appeals," respectively, in their entirety; repealing Subsections 78- 261(C)(1) & (3) and CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/3/04 5 Subsections 78- 262(E)(1) & (2) in their entirety; renumbering Sections 2 -172, 2 -173 and 2- 174 collectively, Code of Ordinances to be Section 78 -56, Code of Ordinances to be entitled "Administrative Appeals "; Creating a New Chapter to be entitled "Boards and Committees" to establish general policies and procedures for Boards and Committees; creating the Art in Public Places Advisory Board; Creating the Community Aesthetics Board; Creating the Economic Development Advisory Board; Creating the Parks and Recreation Advisory Board; creating the Planning, Zoning, and Appeals Board; providing a purpose, powers and duties, membership, and meetings for such boards; modifying certain references throughout the Code of Ordinances; providing for Codification; and providing an effective date. Resolution 120, 2004 and Resolution 121, 2004 are companion items to Ordinance 17, 2004 and will require Council action: Resolution 120, 2004 — Education Advisory Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida creating the Education Advisory Committee; providing a purpose, powers and duties, membership, and meeting; and providing an effective date. Resolution 121, 2004 — Budget Oversight Committee. A Resolution of the City Council of the City of Palm Beach Gardens, Florida creating the Budget Oversight Committee; providing a purpose, powers and duties, membership, and meetings; and providing an effective date. The City Clerk read Ordinance 17, 2004 by title only. The City Clerk also read Resolution 120, 2004 and Resolution 121, 2004 by title only. Sheryl Stewart, Assistant to the City Manager, reported the only change since first reading was to change the number of meetings that could be missed from 6 to 4 for the proposed Planning Zoning and Appeals Board in section 2 -9(6), paragraph b. Mayor Jablin declared the public hearing open. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to approve Ordinance 17, 2004 upon second reading by title only with the amendment as read into the record by staff. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Councilmember Clark moved approval of Resolution 120, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Councilmember Clark moved approval of Resolution 121, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. RESOLUTIONS: Resolution 61, 2004 - South Florida Blood Bank AIPP (Art in Public Places). A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the art in public places for the Blood Bank office building located on Phase I of the Banyan Tree Planned Unit Development (PUD), as more particularly described herein; providing for conditions of approval; and providing an effective date. Senior Planner Michael Sanchez presented the project. Concern was expressed that vandalism to the sculptures could occur at the proposed location. Maintenance issues were discussed. Councilmember Clark moved approval of Resolution 61, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. ITEMS FOR COUNCIL ACTION/DISCUSSION Mayor Jablin reported there had been a newspaper article regarding the fact that the City Council of West Palm Beach had not had a raise in five years. The Mayor pointed out that the City of Palm Beach Gardens' City Council had not had a raise in eleven years, and things had changed significantly. Consensus was to study this matter and bring it back to be changed. The change would not go into effect until after the budget was approved for next year. Vice Mayor Russo also wanted the Councilmembers to have the ability to buy the CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/3/04 City's health insurance when they left the Council. Consensus was that a cost of living plan should be implemented so that these items would never have to be addressed again by resolution. Mayor Jablin reported the City's website had been updated, and it was brought up on the screen for everyone to view. CITY ATTORNEY REPORT City Attorney Tatum reported the Vavrus trial had begun, and Mark Hendrickson was attending as the City's representative. The trial was expected to last through the next week. ADJOURNMENT: There being no further business to di APPROVAL: ATTEST: PATRICIA SNIDER CITY CLERK meeting was adjourned at 9:24 p.m. COUNCILME ER LEVY