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HomeMy WebLinkAboutMinutes Council 070104CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING July 1, 2004 The July 1, 2004 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:13 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, Councilmember Delgado, and Councilmember Levy. ADDITIONS, MODIFICATIONS AND DELETIONS: Mayor Jablin reported addition of Resolution 144, 2004, an amendment to Resolution 91, 2004, which approved modifications to MacArthur Boulevard roadway improvements, to be placed on consent agenda as item (e). Sundown Development had requested an extension of the roadway closing to July 18, 2004. One modification was requested to Resolution 114, 2004, PGA National Resort DRI for site plan amendment, since two additional conditions of approval had been added to the resolution. There were no deletions requested. Councilmember Clark moved approval of the additions and modifications as read into the record by the Mayor. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. ANNOUNCEMENTS / PRESENTATIONS: Report on Councils Information Gathering Trip to Scripps — Charlotte Presensky, Community Services Recreation Director, provided highlights of the trip to Scripps LaJolla. The group participated in city tours and a tour of the Scripps site, and attended a meeting with Mr. Steven Kay, who provided an overview and the business plan for the Florida facility, which will be aligned with the National Institute of Health, and advised that recruitment of very high -level scientists had already begun. Focus at the Florida site would be on interaction of biomedical research, technology development, and drug discovery; and state -of -the -art research facilities would be provided. Scripps Florida would collaborate with Florida universities on research, would interact with all local educational levels, and Mr. Kay expressed a need for a community that was built and fostered ideas that scientists were looking for to provide interaction with each other and a livable community for their families. The ability to live, learn, work and play was stressed. Other impressions from additional meetings included what the Scripps community would do for our community and the State of Florida, the need for a quality education system for the scientists' families, support professionals, a support group, entrepreneurial business development to move the scientific discoveries to product, creating a cluster environment, and providing spaces for public interaction. Charles Wu, Growth Management Administrator, explained that because the California facility was zoned industrial the families had to live outside the work area and therefore had to commute to work and to attend school functions. Environment and pedestrian connectivity could be improved. Mayor Jablin indicated the group had learned a lot about what could be done better environmentally. Councilmember Delgado agreed with Mayor Jablin that what Scripps did was amazing. The Mayor commended staff members who had participated in this trip. Florida Law Enforcement Challenge Award — Police Chief Stepp announced that the City's Police Department had won second place in the Florida Law Enforcement Challenge for 4 CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/1/04 2 outstanding traffic safety achievements, and would be awarded third place nationally in Los Angeles in November. Chief Stepp reviewed the Police Department programs. The Department had won a $10,000 laser mapping system, which would allow more accurate and quicker investigations. Officer Ron Council had won an award from the Palm Beach County Mothers for Drunk Drivers for his DUI arrests, which carried an extremely high conviction rate. Chief Stepp explained how challenge points were used as a fundraiser for the Explorer group, and five challenge points were presented to the Mayor and Council. ITEMS OF RESIDENT INTEREST: Councilmember Delgado thanked Chief Stepp for his response to a handicapped person regarding areas where he could use his scooter within the City. Councilmember Levy reported he had attended the thank -you breakfast for the Firefighter Olympics and had handed out many awards. Vice Mayor Russo announced there would be an election shortly and commented it had been a pleasure to serve with Councilmember Clark, who was leaving, and stated he would be missed. Councilmember Clark confirmed he had submitted his resignation from the City Council effective July 3, 2004, since he and his family were moving outside the City to Caloosa, and thanked everyone, including the City and his family, for their support. Mayor Jablin thanked Councilmember Clark for his work on the Council. The Mayor announced that Cindy Unger, Heads Ground Superintendent, had been invited to be a member of the staff at the 2004 Olympic Games to be held in Athens. Mayor Jablin advised that he and Mr. Wu had attended the Northlake Boulevard Task Force meeting, and reported the project manager, North Palm Beach, did not have local agency program certification as required by the State, so the grant the task force had could not be utilized. This would set the project back several months, but the funds were set aside by DOT so they would not go to someone else and could be rolled over to the next fiscal year. Discussion ensued regarding the contractor, and that the contract had not been executed, but the contractor was seeking relief for his losses because of the delay. Councilmember Delgado asked that the City not have to pay for items such as this. Mr. Wu provided an update on the grants for which the task force had applied. CITY MANAGER REPORT: Mayor Jablin welcomed back the City Manager after only six days following surgery. City Manager Ron Ferris expressed appreciation to everyone who had supported him during his illness. The City Manager discussed the DRI being prepared for the Vavrus property, and that the City would be reimbursed, and Tech Village Partners would enter into a contract with the City. The City Manager indicated the process could be discussed further. Natalie Wong, Project Manager for the Scripps Project, provided an update on the County Commission's meeting and reported they had approved transmittal of the Mecca CRALLS, and the City would go before the Commission in the future with their CRALLS report. City Attorney Tatum suggested that an attorney - client session on the Vavrus cases be scheduled as soon as possible to discuss strategy. July 15 at 6 p.m. was set for the attorney - client session. COMMENTS FROM THE PUBLIC: Joan Elias, Diamond Head Way, thanked Councilmember Clark's family for the time he had spent away from them to work for the City. Ms. Elias welcomed Mr. Ferris back. Ms. Elias expressed the wish everyone in the county could hear the report by staff on Scripps which told the positive and true picture. Mayor Jablin commented this Council wanted Scripps here. Ruth Zisko, President of Marlwood Estates Homeowners Association, thanked the City Council for their efforts on the expansion to the north of PGA Boulevard and asked for help d CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/1/04 3 with the issues of a noise abatement wall and buried utilities which could hinder that northern expansion. Ms. Zisko provided a letter from the Marlwood Estates Homeowners Association to the City Clerk to be entered into the record. Gregg Zale, 122 Bent Tree Drive, reported all of the Bent Tree residents were extremely concerned with the proposed townhome project at the corner of PGA and Central Boulevard, which was to consist of 245 3 -story town homes. Mr. Zele advised that the residents of Bent Tree, Shady Lakes, and Gardens of Woodbury wanted to be involved in every step of the process for this project. Mayor Jablin urged the residents to attend the meetings regarding this project to make their concerns known. Ellie Schweitzer questioned the number of acres there were in Scripps LaJolla, how that existing community had been impacted, what the roadways were like, and how Scripps felt about the exorbitant cost of development. Mayor Jablin commented revenues were not being considered. Councilmember Levy indicated the mistakes at LaJolla could be corrected here. Vito DeFrancesco reported on his research which indicated public notice had not been given for the public hearing on Resolution 139, 2004. The City Attorney advised that this petition had been before P &Z numerous times, and to clear up any confusion regarding whether any procedures had not been done properly the applicant had, in an abundance of caution, requested to go back to the Planning & Zoning Board, and that Resolution 139, 2004 had been approved granting reduction in the number of days required between the P &Z recommendation and City Council presentation after this extra appearance before P &Z, which was not required in the code. The ability to grant this type waiver was in a different section of the code from other waivers that could be granted; it was in the section about time requirements, and stated the City Council could modify time requirements. Mayor Jablin commented Mr. DeFrancesco had consistently attacked the process rather than the project, and apologized for his attitude at the last meeting. Mayor Jablin indicated he believed a compromise had been reached, and the part of this project that the neighbors did not want had been deleted. Ron Dieck, Dunbar Road, encouraged construction of a sound wall south of PGA Boulevard and that all expansion improvements are to the north of the current roadway, and submitted a cross section which indicated this could be accomplished. CONSENT AGENDA: Councilmember Clark moved approval of the consent agenda as submitted. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. a. Approve Minutes from May 20, 2004 regular City Council meeting. b. Approve Minutes from June 3, 2004 regular City Council meeting. C. Resolution 131, 2004 — Consider approval of an 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 the City Clerk to execute said easement; and providing an effective date. d. Proclamation — Parks and Recreation Month. PUBLIC HEARINGS: Part I — Ouasi- Judicial Mayor Jablin reviewed the quasi-judicial process. The City Clerk swore in all those intending to offer testimony in any of the quasi-judicial hearings on tonight's agenda. 4 CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/1/04 4 Resolution 114, 2004 — PGA National Resort Core Site Plan Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida providing for approval of an amended site plan for the PGA National Development of Regional Impact (DRI) Resort core to allow the construction of an 81 -room hotel expansion, a 12,000 square -foot ballroom expansion, a 20,844 square -foot storage area expansion, relocation and reconfiguration of a Golf Academy, construction of a golf bag drop -off canopy, construction of a three -story parking garage, and a future 4,800 square -foot Members' Club expansion, as more particularly described herein; providing for conditions of approval; providing for waivers; and providing an effective date. The City Clerk read Resolution 114, 2004 by title only. Mayor Jablin declared the public hearing open, held on the intent of Resolution 114, 2004. Councilmember Delgado reported she had spoken to staff and to Mr. Ecclestone. Councilmember Clark had no ex -parte communication. Councilmember Levy reported he had spoken to staff and to Dodi Glas about the helicopter pad and the area palms. Vice Mayor Russo reported he had discussed this petition with Mr. Ecclestone and Mr. Gary. Mayor Jablin reported he spoke to Mr. Ecclestone and Mr. Gary. Jackie Holloman, Growth Management Department, presented the staff report. Dodi Glas, Urban Design Studio, provided a presentation and answered questions on behalf of the applicant. Discussion took place regarding trees on parking garages. Bernard Elias was sworn in. Mr. Elias, Architectural Review Chairman for PGA National Homeowners Association, commented their committee had requested higher density trees to screen the parking garage, which the applicant had done, but he did not agree with having trees on top. Linda Hughey, Reed Drive, commented it did not make sense to put trees on top of the building, asked how far the garage was from the nearest building, and expressed concern that the trees would be dangerous in a hurricane. Ed Oliver, architect for the garage, suggested this was a unique situation and would not set precedent; that the closest residential building was over 327 feet away; that this garage was so interior it could not be viewed from public roadways; and requested approval of the waiver not to provide trees on top of the garage. Three members of the Council indicated they were in favor of not providing trees on top of this garage but did not want the policy changed. Councilmember Clark was not in favor of granting a waiver not to provide trees on top of the garage. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Vice Mayor Russo made a motion to approve Resolution 114, 2004 with 40 bicycle parking spaces, with not requiring trees on top of the garage, not requiring surety, adding the 18 months, and adding the two additional proposed conditions. Councilmember Delgado seconded the motion, which carried by 3 -2 vote with Councilmember Clark and Councilmember Levy opposed. Resolution 129, 2004 — Legacy Place PCD Site Plan Amendment (Commercial Portion). A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a site plan amendment for the commercial portion (Parcels A, B and C) of the Legacy Place Planned Community Development (PCD) located on the Southeast corner of the intersection of Victoria Gardens Avenue and PGA Boulevard, as more particularly described herein, to allow the construction of a mixed use development consisting of 399,000 square feet of commercial space and 69,000 square feet of office space on approximately 48 acres of land; providing for waivers; providing for conditions of approval; and providing an effective date. The City Clerk read Resolution 129, 2004 by title only. Mayor Jablin declared the public hearing open, held on the intent of Resolution 129, 2004. During disclosure of ex -parte communications, Councilmember Clark and Councilmember Levy each reported they had CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/1/04 5 discussed this petition with staff and the petitioner in a joint meeting. Vice Mayor Russo disclosed he had discussed this petition with staff. Councilmember Delgado and Mayor Jablin each reported they had spoken to staff Mike Sanchez, Growth Management Department, presented the proposed amendment. Dodi Glas, Urban Design Studio, made a presentation on behalf of the applicant. Attorney John Gary objected to the applicant being required to maintain the lake across the street. Discussion ensued. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to approve Resolution 129, 2004 with the changes to conditions 6, 7, and 42 which were provided by the petitioner. 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 (2nd 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. The City Clerk read Ordinance 23, 2004 on second reading by title only. (Resolution 125, 2004 and Resolution 115, 2004 are companion items to Ordinance 23 and will require Council action.) City Clerk read Resolution 125, 2004 and Resolution 115, 2004 by title only: 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 amended 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. During disclosure of ex -parte communication, Councilmember Delgado, Vice Mayor Russo, and Councilmember Clark reported speaking with staff. Councilmember Levy reported he had had no ex -parte communication. Mayor Jablin reported he had received a telephone call from the petitioner. Growth Management Administrator Charles Wu read into the record new language to be placed at the end of condition (5): The Growth Management Director shall be authorized to grant a 6 -month extension to this requirement upon demonstration by the applicant of a good faith effort to satisfy the same in a timely manner. Hearing no comments from the public, Mayor Jablin declared the public hearing closed for Ordinance 23, 2004, Resolution 125, 2004 and Resolution 115, 2004. Councilmember Clark moved Ordinance 23, 2004 be placed on second reading by title only and approved with the condition of approval read into the record by the Growth Management Administrator. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. Councilmember Clark moved approval of Resolution 125, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Councilmember Clark moved approval of Resolution 115, 2004. Councilmember I CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/1/04 6 Delgado seconded the motion, which carried by unanimous 5 -0 vote. Mr. Wu advised that the change in the condition was in Resolution 125, 2004. Councilmember Clark withdrew his original motions and Councilmember Delgado withdrew her second to the original motions for Ordinance 23, 2004 and Resolution 125, 2004. Councilmember Clark moved Ordinance 23, 2004 be placed on second reading by title only and approved. Councilmember Clark moved approval of Resolution 125, 2004 with the change read into the record by the Growth Management Administrator. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Part II — Non - Ouasi - iudicial Ordinance 18, 2004 — LDR Text Amendment — PGA Overlay Uses (1" reading)- An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the PGA Boulevard Corridor Overlay; amending Section 78 -221, Code of Ordinances, entitled "PGA Boulevard Corridor Overlay" relating to permitted, conditional and prohibited uses within the overlay; providing for codification; and providing an effective date. The City Clerk read Ordinance 18, 2004 on first reading by title only. Senior Planner Michael Sanchez presented this proposed amendment. Mike Morrell, representing the PGA Residents Coalition, requested to add additional language to make it clear there could not be increased density of use from that already permitted, which would complete their agreement with Borland Center on the proposed 500 -seat theater. The City Attorney advised waivers in height and setbacks were allowed, which could affect intensity of use, and asked that the language be more carefully crafted. Assurance was given that the City would work with Mr. Morrell on second reading. Bernie Elias asked if a funeral home would be appropriate on PGA Boulevard, which the Council indicated would not be appropriate. Dr. Robert Davis commented it did not prohibit a church from expanding to a 1,000 -seat theater. Mayor Jablin commented this limited theaters to 500 seats. Councilmember Clark moved that Ordinance 18, 2004 be placed on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. RESOLUTIONS Resolution 118.2004 — Establishing a Special Election. A Resolution of the City Council of the City of Palm Beach Gardens, Florida establishing a Special Election date and a run -off election date, if required, to fill the vacancy in Council Seat #1; providing for a qualifying period for candidates; and providing an effective date. Councilmember Clark moved approval of Resolution 118, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 141, 2004 — Adopting the proposed maximum millage _rate. 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 2004/2005; setting the date, time, and place of the first budget hearing; and providing an effective date. Finance Director Allan Owens presented the proposed total millage rate of 6.04 mills, 9.4% over the roll back rate. Consensus was to hold the September 2004 Council meetings on September 7 and September 21 so that budget hearings could be held at the regular Council meetings. A motion was made which contained incorrect dated and was withdrawn. Councilmember Clark moved approval of Resolution 141, 2004 including the recommendation that the first public hearing for the Fiscal Year 2004/2005 budget be set on September 7, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. ITEMS FOR COUNCIL ACTION /DISCUSSION: 11 CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/1/04 7 Update regarding MPO Community Transit Grant — Staff member Sheryl Stewart reported this grant did not meet the City's needs and suggested staff and the appropriate Council representative attend the upcoming July 15 MPO meeting to see if they would consider a pilot program with the City. Council approved by consensus. Mayor Jablin stated he would attend. City Manager Performance Review - The City Attorney explained that this proposal would follow the same terms negotiated in 2001 with a three -year extension. Vice Mayor Russo requested this extension be placed on the next agenda. Councilmember Clark moved approval of a 6% annual increase in the compensation for the City Manager. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. CITY ATTORNEY REPORT: City Attorney Tatum noted the City was still in litigation with Vavrus and everyone must be extremely cautious about any contacts in any way relating to the Vavrus property. ADJOURNMENT: There being no further business toffs, the meeting was adjourned at 11:28 p.m. APPROVAL: VICE MAYOR RUSSO COUNCMMEMBER CLARK 'CO NCILMEMBER DELGAE �s COUNCILMEMBE+t'LEVY ATTEST: PATRICIA SNIDER CITY CLERK