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HomeMy WebLinkAboutMinutes Council 071504CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING July 15, 2004 The July 15, 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, and Councilmember Delgado. ADDITIONS, MODIFICATIONS AND DELETIONS: Mayor Jablin reported addition of four items under City Manager's Report: Update on County's annexation policy, Update on CRALLS (Constrained Roadway At Lower Level of Service), tax rate reduction for FY 2004/2005, and DCA (Department of Community Affairs) charrette. Deletion of FRDAP (Florida Recreation Development Assistance Program) grant presentation was requested, to be moved to the August 5 agenda. Quasi-judicial hearing for Resolution 130, 2004 was requested to be deleted. Public Hearing for Ordinance 13, 2004 and companion Resolution 92, 2004 were requested to be postponed when they came up on the agenda. Vice Mayor Russo moved approval of the additions, deletions, and modifications as announced by the Mayor. Councilmember Delgado seconded the motion, which carried by unanimous 3 -0 vote. ANNOUNCEMENTS / PRESENTATIONS: Fire Fighters Olympics Appreciation Awards — Fire Chief Pete Bergel complimented staff for their phenomenal job of hosting the events. Captain Scott Raynor reported there had been 74 participants, recognized business supporters with a plaque, commended Timothy Frohling who had helped out, and presented gold medals to the Council and City Manager. Proposed Florida Constitutional Amendment to increase Florida's Homestead Exemption - Sheryl Stewart explained that the proposed amendment had been ruled unconstitutional by Florida's Supreme Court and advised that if it had been on the ballot and approved by voters, the City would have lost approximately $1.8 million in revenue, or 1/3 mil. The City would have had to reduce services or increase taxes. Although this would not appear on the ballot this fall, she urged the Council to approve Resolution 142 on tonight's agenda in order to go on record opposing this in case it came up in the future. ITEMS OF RESIDENT INTEREST Councilmember Delgado reported the first Delgado Digest had been sent out and a lot of residents had called with questions. Councilmember Delgado commented that although there was a situation with the Vavrus property lawsuits, etc., she had received a very nice phone call from Mrs. Vavrus thanking her for setting up a meeting to get the DRI (Development of Regional Impact) signed. Mayor Jablin cautioned that the Council was under a certain amount of restraint talking about Mr. Vavrus, lawsuits, etc., based on the attorney /client session just held. Vice Mayor Russo had nothing to report. Mayor Jablin reported Bill Brant, City Attorney for 25 years, had passed away, and requested he be recognized with his name on a brick in the plaza. Consensus was to prepare a proclamation honoring Mr. Brant. Vice Mayor Russo reported the husband of Faith Kaminski, who ran the senior program, had passed away. The service was at 11 a.m. at St. Mark's the next day. Mayor Jablin reported he had attended the MPO (Metropolitan Planning Organization) meeting that day, and there had been a lot of talk about regional and local transportation with Palm Tran. Mayor Jablin recommended finding grant money for startup funding for transportation on PGA Boulevard. Vice Mayor Russo reported the county paid for the trolley at Abacoa, which they might do in Palm Beach Gardens. Discussion ensued. Consensus was to start pursuing this matter. Mayor Jablin reported he had attended last night's meeting of Northlake Boulevard Task Force and they were moving forward with the LAP certification of North Palm Beach and then re- bidding the Phase I CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/15/04 2 contract. Mayor Jablin thanked Kenneth Durand for giving him an article on what mayors did in England. CITY MANAGER REPORT: Tax rate reduction for FY 2004/2005 — Finance Administrator Allan Owens reported that because the property values came in higher than anticipated, staff would recommend reducing the operating millage rate from the proposed 5.782 to 5.768, or an increase over the rolled back rate of 9.18 %. This would reduce the total millage rate from the current year rate of 6.04 mills to 6.026 mills. City Manager Ferris reported this would be the second year in a row that the millage rate was reduced. Update on CRALLS — City Engineer Dan Clark reported CRALLS meant the county was ignoring their level of service on their comp plan and allowing additional traffic. The City was proposing changing the City's comp plan to do the same thing on a section of PGA Boulevard from Seminole Pratt Whitney to U.S. One, all six lanes except along Mirasol /PGA National to keep it four lanes forever from Beeline to the turnpike. Discussion ensued. Mr. Clark indicated the CRALLS designation for this four -lane section had been removed by the County and the City was putting it back. DCA Charrette - City Manager Ferris reported the Council, Mr. Wu, the City Manager, and others would receive invitations to a charrette for Scripps to be held August 19, 20 & 21; and that it was scheduled for the same dates as Florida League of Cities Annual Conference. County Regulation of Voluntary Annexation — The City Manager reported Senior Planner Kara Irwin had attended the last County Commission meeting. Ms. Irwin reported the County intended to hold a charter amendment referendum for voluntary annexations, but not the procedures to be used, which was a concern. The referendum would be on the November ballot if it passed on second reading. In the meantime, staff was attending an IPARC (Intergovernmental Plan Amendment Review Committee) forum with county staff present to come up with alternatives such as interlocal agreements, or enclave studies. Ms. Irwin explained how the proposed changes would affect the City. Council discussion followed Ms. Irwin's presentation. The City Manager reported receipt of funds from Lanar Centex for the DRI. COMMENTS FROM THE PUBLIC: Joan Elias, Diamond Head Way, reported she was thrilled that there was still discussion regarding a bus system for PGA Boulevard, and was glad to hear the City was doing everything they could to have 4 lanes on PGA Boulevard along PGA National. When all information was received there would be a meeting with the residents. Alice Sallee, 378 Kelsey Park Drive, reported she and her neighbors would like to see the City Council increased to seven members and asked how to proceed. Mayor Jablin reported every five years there was a charter review, and this should be brought to the next Charter Review Committee for consideration. Roger Blangy, Garden Woods, reported residents were unhappy that drainage work was not being done according to plans, and other issues had not been resolved. Discussion with the Council ensued. Mayor Jablin advised the City would continue to try to resolve the issues. It was indicated there would be a meeting with staff and Mr. Blangy. Councilmember Delgado moved to place Mr. Blangy's letter into the record. Vice Mayor Russo seconded the motion, which carried by unanimous 3 -0 vote. Carol Estrada, Riverside Drive, expressed her opinion the paver bricks under the Banyan tree on MacArthur Boulevard looked beautiful, and proposed a traffic count of local traffic. Ms. Estrada commented there were many children playing in the fountains which used recycled water, and requested the water be made safe for the children. Ms. Estrada asked how much the City had spent to see about Scripps coming in, to which the response was none because the City had been paid. This did not include the trip to Scripps. All staff time was reimbursed. Ms. Estrada expressed appreciation CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/15/04 3 that the City Manager's contract was going to be reconsidered The City Manager reported the water in the fountains was chlorinated water. Jeff Hurr, Lighthouse Drive, commended staff on providing information regarding MacArthur Boulevard and asked that fees be recouped from the contractor for going over the time limit. Mr. Hurr was concerned about reducing the road to one lane and felt it could easily be modified to two lanes, and a lot of people would like to be able to get to work as quickly as possible, and they anticipated problems with school busses. Julia Byrd, Daffodil Circle, was worried about the proposed contract for the City Manager. The City Manager indicated the newspaper article regarding his contract was incorrect, and explained there were only two changes in the contract. CONSENT AGENDA: Vice Mayor Russo made a motion to approve the Consent Agenda. Councilmember Delgado seconded the motion, which carried by unanimous 3 -1 vote. a. Resolution 19, 2004 — Authorizing the execution of the Mirasol City Park Irrigation End User Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the Mayor and City Clerk to execute an agreement with Mirasol Master Maintenance Association, Inc. to provide irrigation water at Mirasol Park; and providing an effective date. b. Resolution 142, 2004 — Florida's Homestead Exemption. A Resolution of the City Council of the City of Palm Beach Gardens, Florida opposing the proposed amendment to the Florida Constitution that would raise the Florida Homestead Exemption to $50,000; and providing an effective date. C. Resolution 143, 2004 — Approving an Interlocal Agreement creating Metropolitan Planning Organization. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the execution of an Interlocal Agreement for creation of the Palm Beach Metropolitan Planning Organization (MPO); expanding the MPO membership to include The Village of Wellington as a member, and the City of Greenacres and the Village of Royal Palm Beach as annually alternating members; and proving an effective date. d. Proclamation — National Night Out. PUBLIC HEARINGS: PART I -- QUASI- JUDICIAL Mayor Jablin explained quasi-judicial procedures. The City Clerk swore in all those who intended to offer testimony in any of the quasi-judicial cases on this agenda. Ordinance 13, 2004 — Borland Center for Community Enrichment (2nd 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 47 acres, more or less, located along the North side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as described more particularly herein, from Planned Development area (PDA) to a Mixed Use Planned Unit Development (MXD PUD) overlay with an underlying zoning of mixed use (MXD) to be known as the Palm Beach Community Church/Borland Center PUD; revising the zoning district map; and providing an effective date. The City Clerk read Ordinance 13, 2004 by title only. (Resolution 92, 2004 is a companion item to Ordinance 13, 2004 and will require Council action.) Resolution 92, 2004 — Borland Center for Community Enrichment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a waiver of the residential requirement within a mixed use project to allow for a mixed use Planned Unit Development (PUD) utilizing non- residential mixed use intensities and measures; approving the master development plan for the CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/15/04 4 approximately 47 -acre property, known as the Borland Center /Palm Beach Community Church (a.k.a. Parcel 6.O1A), located along the North side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as described more particularly herein, to allow the development of 64,533 square feet for a cultural center and church facilities (500 -seat small theater /church facility with accessory uses and 300 -seat banquet hall), 64,025 square feet for retail /commercial use, 19,950 square feet for restaurant use, 10,900 square feet for professional office use, and 225 multi - family units; granting conditional use approval for a 500 -seat small theater use /church and 300 -seat banquet facility; providing for waivers; providing for conditions of approval; and providing an effective date. The City Clerk read Resolution 92, 2004 by title only. Mayor Jablin announced the public hearing was still open and asked if there had been any ex -parte communications since the last meeting. There was no ex -parte communications reported. Vice Mayor Russo made a motion to continue the public hearing for Ordinance 13, 2004 to August 5, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 3 -0 vote. Councilmember Delgado made a motion to continue the public hearing for Resolution 92, 2004 to August 5, 2004. Vice Mayor Russo seconded the motion, which carried by unanimous 3 -0 vote. Ordinance 16, 2004 — Weiss School Renovations. (2nd 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; providing for revisions to the zoning district map; and providing an effective date. The City Clerk read Ordinance 16, 2004 by title only. (Resolution 108, 2004 is a companion Item to Ordinance 16 and will require Council action.) Resolution 108, 2004 — Weiss School Renovations. 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 Resolution 108, 2004 by title only. Mayor Jablin declared the public hearing open, and called for any ex -parte communication since the last meeting. Mayor Jablin reported he had met with Dr. Weiss but this had not been discussed. Councilmember Delgado reported she had met with staff. Planner Brad Wiseman presented the changes to the project. Greg Hung spoke on behalf of the applicant. The Police Chief and Elizabeth Weiss did not agree regarding the traffic light. Discussion ensued regarding the City installing the light. Joan Elias was sworn in and expressed her opinion the flashing light should be included as recommended by staff. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Vice Mayor Russo made a motion to place Ordinance 16, 2004 on second reading by title only and to approve Ordinance 16, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 3 -0 vote. Vice Mayor Russo made a motion to approve Resolution 108, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 3 -0 vote. Staff was asked to come back with a policy on flashing lights. Resolution 134, 2004 - Approval of a waiver from Section 78 -287 to allow for the installation of a 40 -foot high flagpole at the Burns Road Community Recreation Campus Lakeside Facility, A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a waiver section 78 -287, Code of Ordinances entitled "General Standards ", to allow for the installation of a 40 -foot high flagpole at the Lakeside facility located within the Burns Road Community Recreation CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/15/04 5 Campus Planned Unit Development (PUD), which is located at the Southeast corner of Military Trail and Burns Road, as more particularly described herein; providing for a waiver; providing for a condition of approval; and providing an effective date. The City Clerk read Resolution 134, 2004 by title only. Mayor Jablin declared the public hearing open. Councilmember Delgado disclosed exparte' communication that she had gone over this with staff. Mayor Jablin and Vice Mayor Russo stated they had had no ex -parte communications. Planner Brad Wiseman presented the project. Linda Hughey was sworn in and asked the location of the flagpole and received confirmation it would not be in the road if it fell. Councilmember Delgado moved approval of Resolution 134, 2004. Vice Mayor Russo seconded the motion, which carried by unanimous 3 -0 vote. Resolution 130, 2004 -- Area -wide Development Regional Impact. A Resolution of the City Council of the City of Palm Beach Gardens, Florida making findings regarding the Gardens Science and Technology Community Area wide Development Plan for an approximately 2000 -acre multiple -use Planned Community located one mile East of Seminole Pratt - Whitney Road, approximately 1.25 miles North of Northlake Boulevard; approving the Area wide Development Plan for its submittal for review under Section 380.06, Florida Statutes; and providing an effective date. This was deleted from the agenda. ORDINANCES Ordinance 20, 2004 — Amendment to Chapter 6 - Code of Ordinances — Alcoholic Beverages ". An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to alcoholic beverages; amending Section 6 -1, Code of Ordinances, entitled "Definitions;" amending Section 6 -2, Code of Ordinances, entitled "Hours of Sale;" repealing Section 6 -4, Code of Ordinances, entitled "Distance Limitations Between Vendors, Churches, and Schools,: in its entirety; creating a new Section 6 -4, Code of Ordinances, to be entitled "Distance Limitations Between Vendors, Places of Worship, and Schools;" repealing Section 6 -5, Code of Ordinances, entitled "Hotels, Motels, Restaurants, etc.," in its entirety; creating a new Section 6 -5, Code of Ordinances, to be entitled "Exceptions to Distance Limitations Between Vendors;" repealing Section 6 -6, Code of Ordinances, entitled "Food Stores Selling Malt Beverages and Wine," in its entirety; creating a new Section 6 -6, Code of Ordinances, to be entitled "Vendors of Malt and Wine Beverages for Consumption Off Premises Only; " providing for Codification; and providing an effective date, for consideration of first reading. The City Clerk read Ordinance 20, 2004 by title only. Senior Planner Michael Sanchez presented the request. Vito DeFrancesco, Shady Lakes Circle, spoke against the ordinance and advised that Planning & Zoning had not made a recommendation since their motion had died. Eileen Tucker, Shady Lakes Circle, spoke against the ordinance. Councilmember Delgado requested in the future she be advised by staff if there had not been a recommendation from P &Z. Mr. Wu advised that this ordinance was a result of Hank Skokowski bringing to the City's attention when he was seeking approval for a hotel in Donald Ross Village that a bar would not be allowed in the hotel; also, John Gary had mentioned that a theater like Movie Co allowed beer and wine. Vice Mayor Russo requested changes after first reading. The City Manager pointed out that the staff report had included the LDR (Land Development Regulations) motion that had failed. Vice Mayor Russo moved that Ordinance 20, 2004 be placed on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 3 -0 vote. Ordinance 25, 2004 — City Code Amendment to Section 78 -186. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to fence height; amending Section 78 -186, Code of Ordinances, entitled "Yards "; providing for codification; and providing an effective date. The City Clerk read Ordinance 25, 2004 by title only. Planner Brad Wiseman presented the request. Vice Mayor Russo moved that Ordinance 25, 2004 be placed on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 3 -0 vote. CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/15/04 6 ITEMS FOR COUNCIL ACTIONIDISCUSSION: Joint Planning Agreement between the City of Palm Beach Gardens and Palm Beach County re arding Unincorporated Pockets along Northlake Boulevard - Vice Mayor Russo moved approval of the staff recommendation. Councilmember Delgado seconded the motion, which carried by unanimous 3 -0 vote. Evergrene — Money in lieu of Gateway Signs — Talal Benothman presented the approved design and explained Legend at the Gardens, Donald Ross Village PUD (Planned Unit Development), and Evergrene were required to have gateway signs. WCI was requesting that money be accepted in lieu of the gateway signs at Evergrene, which staff recommended. Vice Mayor Russo moved approval of the staff recommendation. Councilmember Delgado seconded the motion, which carried by unanimous 3 -0 vote. Council Compensation - After considering data collected from other cities, Mayor Jablin recommended $22,000 per year plus another $5,000 for the Mayor. The Council had not had an increase in eleven years. Also recommended was to give the Council the ability to purchase their health insurance when they left the Council, and tie compensation to something to provide automatic increases for future Councils. Discussion ensued. Councilmember Delgado recommended using five cities that were comparable to obtain figures. Councilmember Delgado concluded that she was in agreement with the Mayor. Vice Mayor Russo indicated he favored the $15,000 range with $2400 extra for the Mayor. Consensus was to present this as an ordinance in two weeks and insert the numbers at that time, when Councilmember Levy was present. ADJOURNMENT: There being no further business to discl'e meeting was adjourned at 10:02 p.m. APPROVAL: MA V MAYOR RUSSO vole - COUNCILMEMBER DELGADO COUNCILMEMBER LE ATTEST: - PATRICIA SNIDER CITY CLERK