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HomeMy WebLinkAboutMinutes Council 120204CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING December 2, 2004 The December 2, 2004 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:05 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor for the day, Janie Hagar, 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, Councilmember Levy, Councilmember Valeche, and Mayor for the Day Jamie Hagar. City Manager Ferris reported Vice Mayor Russo and Councilmember Delgado would arrive later in the meeting. Mayor Jablin welcomed former Mayor of Lake Park Willie Wagner as a new resident of the City. ADDITIONS, DELETIONS, MODIFICATIONS: Mayor Jablin announced that the presentation of a contractual agreement for services provided by the City to PBGYAA would be removed since PBGYAA needed time to clarify points in the agreement, and the companion item (b) under the Consent Agenda, Resolution 152, 2004 regarding that agreement would also be removed. Mayor Jablin announced modification of Ordinance 45, 2004, and that Councilmember Delgado, who would arrive later at approximately 8:15 p.m. upon her return from a business trip, had requested item IX (a) Ordinance 45, 2004, be moved to IX (c) so that she could be present when that item was heard. Councilmember Levy moved approval of the deletions and modifications as presented. Councilmember Valeche seconded the motion, which carried by unanimous 3 -0 vote. Since the Orange Bowl Committee representative was not present, Mayor Jablin announced that presentation would be made as soon as he arrived. ITEMS OF RESIDENT INTEREST: Councilmember Levy announced he had provided handouts regarding discussions from the last Loxahatchee River Management Coordinating Council meeting, and advised they had voted on two items -- legislative appropriations to request $3.5 million in matching funds, that the City of Palm Beach Gardens was not included in that, and he had included Resolution 04 -04 on that item. Councilmember Levy also reported there was a vote to include the Bureau of Land Management on the Loxahatchee River Management Coordinating Council, and that he had voted in favor of both of the items. Councilmember Valeche reported read into the record a letter from Rick Audette, Community Services Department, announcing the City's Junior Pewee Cheerleading Squad had won first place in a competition, qualifying them to take part in the 2004 National Pop Warner Cheer and Dance Competition in Orlando, which would cost $15,000 and requesting donations. Councilmember Valeche noted a substantial amount in donations had been raised, and later in the meeting the coach would advise how donations could be made. Mayor Jablin congratulated Officer Maria Vacaro who was selected as a hometown hero by Weekday newspaper and Palm Beach Academy in Lake Park and received a full day spa treatment at Palm Beach Academy, which she was enjoying that day. The award was given in recognition of Maria's actions during the hurricane. Mayor Jablin announced the Big Heart Brigade had fed over 15,000 people for Thanksgiving and thanked all those who had worked hard on this project. CITY MANAGER REPORT: City Manager Ferris reported regarding the City's relationship with the applicant with the DRI on 2,000 acres of the Vavrus property, Lennar Centex Group, that the group was CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/2/04 2 capable of carrying on alone at this point, and asked if the City wanted to gradually withdraw and since they would be the government review agency for the development order Lennar Centex would be seeking in the future. Vice Mayor Russo arrived at 7:21 PM. The City Manager reported they had paid the City everything billed to date. Attorney John Gary reported Lennar Centex was in favor of the City's withdrawal. Discussion ensued regarding getting input from residents regarding development of the City to the west. Vice Mayor Russo made a motion to sever the City's relationship with Tech Partners II, Lennar Centex Group, in a gradual manner. Councilmember Levy seconded the motion, which carried by unanimous 4 -0 vote. It was clarified that the intent of the motion was to start the process to transfer the application to Tech Partners II. City Manager Ferris noted staff had been directed by the City Council to work with the county on a memo of understanding regarding an alternative site for Scripps known as the Briger site. The Briger site was also the site found best suited for the economic development initiative. A scenario of what would happen if this site were chosen for Scripps was being developed. Misinformation about the site - -that it could not accommodate 8 million square feet of research and design - -was being circulated, which was untrue. An upcoming meeting of the County Commission December 7 in which various items would be discussed regarding the Mecca site and business leaders by the Business Development Board were requested to come out to support that site since no other site could accommodate Scripps. Staff was working to be sure their facts were correct and that Briger could accommodate 8 million square feet for Scripps, and had established recommendations that would preserve the integrity of the site. The City Manager presented a general concept plan showing the requirements of the MOU and the economic development initiative could be met. This was being done with a 3 -story maximum and surface parking. Jupiter also had been working on an alternate site. City Manager Ferris requested permission to transmit this additional information to the County prior to their December 7 meeting, so that when they indicated it could not be done on the Briger site staff could show that it could. Mayor Jablin noted accuracy was most important and the County Commission should know what the City of Palm Beach Gardens could do. Lisa Erlande with the Environmental Land Use Law Center indicated their organization supported movement of Scripps to either of the alternate sites because it would be much less damaging on the environment. Prescott Lester, representative for the Briger property owners, confirmed an offer had been made to Palm Beach County, the property was still available, and the owners supported Palm Beach Gardens' efforts to place Scripps on the Briger parcel. The Interlocal Agreement was discussed in regard to control of roadways. Councilmember Valeche made a motion authorizing the additional information be transmitted to the County. Councilmember Levy seconded the motion, which carried by unanimous 4 -0 vote. A statement would be included regarding traffic implications of development of the property. Vice Mayor Russo was concerned about massive development on this property if Briger was not chosen by Scripps. Mayor Jablin indicated the City was interested in bringing the kind of jobs that Scripps would bring. The City Manager clarified all the other issues would come up in the future. Councilmember Levy made a motion to also send the true information to the Governor and the legislative delegation. Councilmember Valeche seconded the motion, which carried by unanimous 4 -0 vote. ANNOUNCEMENTS / PRESENTATIONS: Orange Bowl Committee presenting the City Council with an "Obie" CommunitySpirit CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/2/04 3 Award. Mayor Jablin announced "Obie" had arrived. A representative of the Orange Bowl Committee described the committee's involvement with sports activities in the area, and made the award to Mayor Jablin. Mayor Jablin presented the representative with a proclamation proclaiming December 2, 2004 as Orange Bowl Appreciation Day in the City of Palm Beach Gardens. COMMENTS FROM THE PUBLIC: Wendy Walker, Head Coach of the Junior Pewee Cheerleading Group, reported how well the girls had done representing the City, winning competitions that placed them at the national competition level. Orlando Puyol, Coach of the Junior Pewee Football Team, expressed their support for the girls' group and requested donations to help them attend the national competition. Mayor Jablin urged all present who knew business leaders to contact them to request donations. Vice Mayor Russo requested the City Manager report to Council at the next meeting regarding what could be done in this and similar situations. Will Wagner, 1108 Orinoco Way, commented he spent many years in traffic study, and regarding the proposed surface parking at the Briger site, parking garages were safer. Mr. Wagner commented he had heard no one talk about various traffic alternatives other than Tri -Rail, which was at the edge of the property. Using integrated neighborhood transit could be done very successfully without having to increase traffic on the highways, and the county had passed a resolution in 1990 to seriously look at using that type of transportation. RE -ORDER AGENDA Mayor Jablin announced that Councilmember Delgado had arrived at 8:32 PM and a motion would be entertained to reorganize the agenda again to move item (A) back to be first under ordinances for consideration of first reading. Councilmember Delgado moved approval; Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. CONSENT AGENDA: Councilmember Levy moved approval with the exception of item (b). Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. The following items were therefore approved on the consent agenda: a. Approve Minutes from the November 4, 2004 regular City Council meeting. C. Resolution 222, 2004 - Interlocal Agreement with the School Board of Palm Beach County for the Mutual Use of Recreational Facilities. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an interlocal agreement with the School Board of Palm Beach County for the mutual use of recreational facilities within the city; and providing an effective date. d. Proclamation — "Obie Community Spirit Award" PUBLIC HEARINGS: Part I — Quasi - Mayor Jablin reviewed the petitions to be presented and the quasi judicial procedures that would be followed. The City Clerk swore in all those present who intended to offer testimony in any of the quasi-judicial cases. Ordinance 44, 2004 — Parcel 5B rezoning to a Mixed -Use Planned Unit Development (1 st Readingl An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to rezoning; rezoning a parcel of land (known as parcel 5B) consisting of 30 acres, more or less, located at the Southwest corner of Alternate Al A and PGA Boulevard, as more particularly described herein, from a Research and Light Industrial Park (M1) zoning designation to a Mixed Use Planned Unit Development (MXD PUD) overlay zoning designation with an underlying zoning designation of Mixed Use (MXD) to be known as the CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/2/04 4 "RCA Center PUD "; and providing an effective date. No ex -parte communication was reported, except by Mayor Jablin who reported three conversations with the petitioner's attorney. The City Clerk read Ordinance 44, 2004 by title only on first reading. Senior Planner Michael Sanchez announced that Resolution 216, 2004, a companion item to Ordinance 44, 2004, would require Council action only on second reading which would take place at the next meeting. Resolution 216, 2004 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the master development plan for the approximately 30 -acre property, known as the "RCA Center PUD" ( "A.K.A. Parcel 513"), located at the Southwest corner of Alternate A 1 A and PGA Boulevard, as more particularly described herein, to allow the development of 150,000 square feet of retail use, 100,000 square feet of office use, and 50,000 square feet of industrial use; providing for waivers; providing for conditions of approval; and providing an effective date. Mr. Sanchez presented the project and answered questions from the City Council. Donaldson Hearing spoke on behalf of the petitioner. Architect Rick Gonzalez reviewed the architecture and use of urban design principles. Attorney for the applicant, John Gary, noted for the record there was a condition of approval requiring construction of Koyoto Gardens Drive, and advised that procedures for this were being developed. Mayor Jablin declared the public hearing open. Roger Blangy, resident and representative of Garden Woods to speak about the Tri Rail station, expressed appreciation the City wanted to have the station located in Parcel 513, reported five acres of parking would be needed, and asked that this be finalized. Council and Staff response was they had done what they could to encourage a station on this parcel. Mr. Blangy requested the developer include a Tri Rail station on their plan. Attorney John Gary commented regarding the buffer that as much landscaping could be placed in 5 feet as in a 20 -foot buffer. Economic Development Coordinator Delores Key explained this project did not qualify as a value added project and the applicant was requested to work with the staff on this issue. The City Council requested more pedestrian walkways, 9 -1/2' parking stalls, language restricting colors on logos, upgrading the parking structure, increased width of buffer;. and the City Engineer was going to work with the applicant regarding access. Roofs were acceptable as shown. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Levy made a motion to place Ordinance 44, 2004 on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. RESOLUTIONS: Resolution 223, 2004 - Award a contract for electrical services related to sports lighting to Davco_ Electrical Contractors Corporation for an amount not to exceed $625,000. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a piggyback contract to Davco Electrical Contractors Corporation for sports lighting repairs at seven city park facilities; and providing an effective date. Parks Director Mike Kelly presented the project. Vice Mayor Russo made a motion to approve Resolution 223, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 224, 2004 - Awarding a work authorization for Engineering and Architectural Services for the Burns Road Community Center Renovation and Expansion project to LBFH in the amount of $651,425. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a work authorization for Engineering and Architectural services with the firm of LBFH, Inc. In connection with the Burns Road Community Center renovation and expansion project; authorizing the City Manager to execute said CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/2/04 5 authorization; and providing an effective date. City Engineer Dan Clark provided a presentation. Councilmember Delgado made a motion to approve Resolution 224, 2004. Vice Mayor Russo seconded the motion, which carried by unanimous 5 -0 vote. Resolution 231, 2004 - Establishing a protocol for representing the City before other government agencies and boards. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, establishing a protocol for representing the city before other government agencies and boards; and providing an effective date. City Manager Ferris introduced the resolution for consideration. Discussion ensued regarding statements to the media and attending advisory board meetings. Vice Mayor Russo requested this matter be delayed and fully addressed in a few months. Councilmember Delgado suggested a Council retreat. Lauren Furtado, 4318 Crestdale Street, commented when she was a board liaison she felt she was a conduit to bring information back and forth, and she favored going back to having liaisons. Consensus was to drop this matter at this time. ORDINANCES: Ordinance 45, 2004 - Amendment to Map "O" of the Comprehensive Plan of the City of Palm Beach Gardens, entitled "Conceptual Thoroughfare Plan," to delete the portion of Victoria Falls Boulevard (segment #12). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Map "O" of the Transportation Element of the Comprehensive Plan of the City of Palm Beach Gardens. Entitled "Conceptual Thoroughfare Plan." To delete the portion of Victoria Falls Boulevard (Segment #12) extending from Military Trail to Alternate AIA; and providing an effective Date. The City Clerk read Ordinance 45, 2004 by title only. Mayor Jablin declared the public hearing open. Tim Frohling, 152 Euphrates Circle, commented unfortunately Councilmember Delgado was not present at the moment Mr. Frohling reported after his comments at the last meeting he was accused of rumor mongering and lying, which was not the case —his basic source of information had been Councilmember Delgado as reported in the minutes of Treasure Coast Planning Council, and invited anyone who questioned his comments to read those minutes, which were public information. Mr. Frohling asked what was to prevent a representative from changing their vote in the future. Carolyn Chaplik 715 Hudson Bay Drive, The Isles, commented due to the lateness of the hour approximately 30 residents of The Isles who had been present earlier had now left, and they had been present to express their desire to have Victoria Falls Boulevard removed from the comprehensive plan. Ms. Chaplik expressed hope the City Council would vote unanimously to remove Victoria Falls Boulevard from the City's comprehensive plan to protect the health and safety of The Isles residents. Richard Burns, 1208 Ligurian Road, The Isles, expressed his opinion that since Councilmember Delgado had voted with the City Council in a unanimous vote on this issue that she should not have changed her vote and voted the opposite way at Treasure Coast Regional Planning Council, since she represented the residents of the City of Palm Beach Gardens. Mr. Burns read from a transcription which had been transcribed from the Treasure Coast Regional Planning Council meeting of 10/15/04 containing Ms. Delgado's comments made at that meeting. John Millinson, 1200 Ligurian Road, The Isles, reported he was head of the original landscape committee and he surveyed the community for damaged trees on the property, which took him 13 hours over 5 days to walk approximately 2/3 of the property and he did not think Ms. Delgado had spent that kind of time knocking on every door, and expressed his opinion that no contact had been made. Will Wagner, 1108 Orinoco Way, The Isles, indicated he moved there because it was a pedestrian community, and having Victoria Falls CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/2/04 6 Drive be a part of a network of roads other than within the Isles would destroy the quality of the community. Councilmember Delgado responded she would provide the name and address of all the people whose doors she knocked on and explained that the whole process had not been made known to the residents, and the Council planned to remove that road from the thoroughfare plan. Councilmember Valeche made a motion to place Ordinance 45 on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 47, 2004 - Amending chapter 26, Code of Ordinances, entitled "Elections" to provide an alternative method of qualifying for election. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to elections; amending chapter 26, Code of Ordinances, entitled "Elections" to provide an alternative method of qualifying for election; providing for codification; and providing an effective date. The City Clerk read Ordinance 47, 2004 on first reading by title only. City Clerk Patricia Snider presented the ordinance. Discussion ensued regarding the hardship oath. Jody Barnett, 59 Windsor Lane, explained under State law changes in method of election could only be done by referendum and not by ordinance, asked if Councilmember Delgado had filed for her seat by petition, and if so, how were they verified, who had determined that the proper number of signatures had been obtained, did she file the undue burden oath, and what happened to those documents. Vice Mayor Russo commented these questions would be answered and perhaps the City Manager could bring those answers to the next meeting. The City Attorney reported she believed under the City's charter that this could be done by Ordinance, and at election time if someone qualified who could not afford the fee there could be a legal issue. Consensus was to have this considered by the Charter Review Committee, but if someone came in it would have to be dealt with at that time. Ordinance 48, 2004 - Adopting a new Economic Development Element. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting a new Economic Development Element of the City of Palm Beach Gardens Comprehensive Plan; and providing an effective date. The City Clerk read Ordinance No. 48, 2004 on first reading by title only. Councilmember Delgado made a motion to place Ordinance No. 48, 2004 on first reading by title only. Vice Mayor Russo seconded the motion, which carried by unanimous vote. Staff announced the first annual Palm Beach Gardens Youth Festival on Saturday, December 12, to honor positive actions by youth, and explained that donations would be solicited. The Mayor indicated the MPO would be voting on the 2030 Plan which included six lanes on PGA Boulevard from Ryder Cup to the turnpike, and asked if this Council wanted six lanes or four lanes so he would know how he should vote on this issue. Council was in favor of four lanes on PGA Boulevard. Mr. Lester asked that information on Ordinance 48, 2004 be given to the owners of the Briger Tract, and also asked why the property had been taken off the county's comprehensive plan, and was told his questions would be answered. XI. ITEMS FOR COUNCIL ACTION /DISCUSSION: XII. CITY ATTORNEY REPORT: CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/2/04 ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 11:30 p.m. APPROVAL: ATTEST: PA RICIA SNIDER CITY CLERK COU CILMEMBER LEVY COUNCILMEMBER VALECHE