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HomeMy WebLinkAboutMinutes Council 021705CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING February 17, 2005 The February 17, 2005 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, by Mayor Eric Jablin, 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 Delgado, Councilmember Levy, and Councilmember Valeche. ADDITIONS, DELETIONS, AND MODIFICATIONS: Councilmember Delgado made a motion to move items B, C and D under Resolutions to immediately follow the Consent Agenda. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. ANNOUNCEMENTS AND PRESENTATIONS: Mayor Jablin introduced Max Nunziata, who was about to become an Eagle Scout, and presented him with a certificate of achievement for his hard work and dedication. ITEMS OF RESIDENT INTEREST: Councilmember Delgado reported she held a town hall meeting the previous evening, which had been very informative and was attended by many residents. CITY MANAGER REPORT: City Manager Ron Ferris introduced an update construction at the turnpike. Police Chief Stepp reported there were six projects and lack of coordination had been causing traffic problems. Within two weeks two new traffic lights were anticipated along PGA Boulevard at Jog Road Extension. On Central Boulevard at the Old Palm Flyover, that project was anticipated to be completed within 60 days. The MacArthur Boulevard roundabout was anticipated to be completed within a couple of weeks. The entire Turnpike project completion was expected by September, and Turnpike officials were now working with the City. The PGA Flyover was anticipated to be completed within two weeks. The I -95 and Northlake construction had created a lot of traffic being diverted, creating traffic congestion on other roads. Turnpike Enterprise representatives were present and provided updates on that construction project and responded to questions and comments. Representatives for the I -95 construction at Northlake to PGA reported that project was ahead of schedule and that ramp would be open next week; the entrance ramp would then be closed for approximately 30 days. Representatives for the flyover reported only asphalt paving work remained to be completed. RE -ORDER AGENDA: Motion was made by Vice Mayor Russo, seconded by Councilmember Delgado, and unanimously carried to move items B, C, and D under Resolutions to be next, followed by the Consent Agenda. Councilmember Delgado announced she wished to pull item (e) on the Consent Agenda for discussion. RESOLUTIONS: Resolution 16, 2005 — Art in Public Places — Benjamin School. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art In Public Places proposal for the Benjamin Upper School Planned Unit Development located on the West side of Central Boulevard approximately one - quarter mile South of Donald Ross road, as more CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/17/05 2 particularly described herein; providing for conditions of approval; and providing an effective date. Following a short presentation by staff, Councilmember Levy moved approval of Resolution 16, 2005. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 19, 2005 — Art in Public Places — Downtown at the Gardens. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a request for the approval of the Art In Public Places for Downtown at the Gardens, located within the Regional Center DRI /PCD at the Southeast corner of the intersection of Gardens Parkway and Alternate AIA, as more particularly described herein; providing for conditions of approval; and providing an effective date. Staff provided a presentation. Resident Norma Tallow asked why art was coming from outside the country when there were a lot of artists in the United States. Linda Oliver, Chairman of the Art Council, commented most of the art would be from this country but others could not be excluded. Councilmember Valeche made a motion to approve Resolution 18, 2005. Vice Mayor Russo seconded the motion, which carried by unanimous 5 -0 vote. Resolution 27, 2005 — Art in Public Places — 31 Innovation Implants. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art In Public Places proposal for Implant Innovations located on lots 6, 7, 9, 10, and 11 within the NorthCorp Planned Community Development (PCD), as more particularly described herein; providing for one condition of approval; and providing an effective date. Planner Autumn Sorrow presented the project. Councilmember Valeche made a motion to approve Resolution 27, 2005. Vice Mayor Russo seconded the motion, which carried by unanimous 5 -0 vote. CONSENT AGENDA: Councilmember Levy moved approval of the Consent Agenda with the exception of item e. Vice Mayor Russo seconded the motion, which carried by unanimous 5 -0 vote. a. Approve Minutes from the January 20, 2005 regular City Council meeting. b. Resolution 23, 2005 — Agreement with the Police Benevolent Association for Police Officers, Sergeants, and Communication Operators. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving and ratifying an Agreement with the Police Benevolent Association for Police Officers, Sergeants, and Communications Operators employed by the City's Police Department for fiscal years 2004 -2005, 2005 -2006, and 2006 -2007; authorizing the Mayor, City Manager, and City Clerk to execute said agreement; and providing an effective date. C. Resolution 26, 2005 - Consider approval of an Amendment to the Agreement with Joel Straus Consulting, Inc. for consultant services related to the PGA Flyover Tower Sculptures selection (Project 2002 -018). A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the execution of an amendment to the agreement with Joel Straus Consulting, Ltd. for professional art consultant services related to the PGA Flyover Towers; and providing an effective date. d. Resolution 30, 2005 - Weiss School Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the plat of Weiss School; and providing an effective date. f. Resolution 32, 2005 — Consider approval of the re- appointment of two (2) members to the Board of Trustees of the City of Palm Beach Gardens Police Officers' Retirement Trust Fund. A Resolution of the City Council of the City of Palm Beach CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/17/05 3 Gardens, Florida re- appointing two (2) members to the Board of Trustees of the City of Palm Beach Gardens Police Officers' Retirement Trust Fund; and providing an effective date. g. Resolution 33, 2005 - Disaster Relief Funding Agreement with the State of Florida, Department of Community Affairs. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the City Manager to execute a disaster relief funding agreement with the State of Florida, Department of Community Affairs, for disaster relief as a result of Hurricane Jeanne; and providing an effective date. h. Consider approval of Change Order Number 1 in the amount of $197,500 to Murray Logan Construction, Inc. for additional canal right of way clearing services on the Stormwater System Improvements Project – Phase III (2003 -007). i. Proclamation — Shrine Hospital Days from February 19`h through March I". Item Pulled from Consent: e. Resolution 31, 2005 - Approving a six (6) month extension to the current contract with Waste Management of Palm Beach for Solid Waste, Recycling, and Vegetative Waste Collection. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the contract with Waste Management of Palm Beach for solid waste, recycling, and vegetative waste collection; authorizing the Mayor and the City Clerk to execute said amendment; and providing an effective date. Vice Mayor Russo asked if by extending this would it waive the City's right to extend it for five years. The City Attorney reported after six months it could still be extended for five years. Discussion ensued. Vice Mayor Russo made a motion to approve Resolution 31, 2005. The motion was seconded and carried by unanimous 5- 0 vote. COMMENTS FROM THE PUBLIC: Eleanor Schweitzer, 79 Dunbar Road, expressed concern that greed had overshadowed everything ever since the process for Scripps had started; that the previous night's town meeting held by a council member had disseminated incorrect information and a large number of residents had been barred from coming in, and when asked why, the council member had said it was a private meeting. Ms. Schweitzer expressed support for Scripps at the Briger tract. Kate Roos, 159 Evergrene Parkway, expressed agreement with Ms. Schweitzer, stated she favored Scripps at the Briger Tract and wanted the new medical facilities it would bring, and Scripps would fill the gap to bring a bright future to our children. Bob O'Dell, Palm Beach County PBA, thanked the council for approving the police and sergeants' contract but expressed concern that it took a year, and asked that the fire contract not be prolonged by the process. Interest -based bargaining was recommended by the Vice Mayor; however, the City Manager indicated that had been done when the City was smaller. Sierra Kornbluth, 4191 Haverhill Road, #422, West Palm Beach, expressed concern that at Councilmember Delgado's meeting the previous evening, she had seen and heard when Jody Barnett had been accosted by three police officers in uniform when she tried to sign in, and had heard them telling people to immediately close the doors. Ms. Barnett had presented her printed invitation but was still refused entry, and told this was a private party and they had been instructed not to allow her entry. Ms. Kornbluth stated her concern that elected officials could hold private parties with invitations; but that a town meeting where CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/17/05 4 issues of concern were discussed should be open to all residents, and she had been extremely disturbed by what she had observed. Councilmember Levy noted that meeting had not been sanctioned by the City. Jody Barnett, 59 Windsor Lane, commented Councilmember Delgado had stated she held a town hall meeting, and had told the Palm Beach Gardens Police Department that she was having a private party, both of which were untrue, and she believed Councilmember Delgado had held an infornercial for herself, but she had not been allowed in the room although she had an invitation, and invited anyone to see her invitation. Ms. Barnett stated she had been surrounded by three Palm Beach Gardens uniformed police officers who had stated they were instructed specifically not to let her in, which left her shaking. Ms. Barnett expressed her opinion that Ms. Delgado had obstructed the process of Scripps, represented her own well -being instead of that of the City, and asked that she refrain from voting on Scripps, Vavrus, or any other issue that would mean financial gain for Ms. Delgado. Vice Mayor Russo requested the issues raised by Ms. Barnett be responded to by the Police Department by a letter. Councilmember Delgado defended herself, stating Ms. Barnett arrived at the previous night's meeting with an attitude and would not sign in. Councilmember Levy asked if resident comments were censored during comments from the public. The City Attorney explained any comments could be made within the 3- minute limit so long as they were civil. Lauren Furtado, 4318 Crestdale Street, requested the Council think about a connection from Donald Ross directly to the Briger site, which she had confirmed was feasible, but advised a request was needed from a government entity. Ms. Furtado confirmed that she had been standing next to Ms. Barnett at the previous night's meeting and Ms. Barnett had indeed signed in. Ms. Furtado quoted from Ms. Delgado's campaign statement against unplanned sprawl and noted the Vavrus site must be planned sprawl, commented the way to have everyone benefit was to broaden the City's tax base, that using propaganda to scare people and negativity was not productive, that the City's visioning statement was to broaden the tax base so people could afford to live here, and expressed her support for the Briger site. Councilmember Delgado responded with additional comments regarding Ms. Barnett's actions the previous night. Carol Fishbein, 116 Palm Point Circle, commented she was present tonight because of Ms. Delgado's actions the previous night, that not everyone had signed in, that Ms. Delgado had filed complaints against her son because he had been in her presence and he was campaign manager for Clay Harrow, and she and her husband had been questioned by the police three times regarding their son's actions. Ms. Fishbein expressed her opinion that such important issues as zoning, Scripps, crime, and potential terriorism could not be adequately addressed when dirty political campaigns were allowed, and stated Ms. Delgado should be ashamed of herself. Ms. Delgado responded with statements about what Ms. Fishbein's son had done. Tory Buckley, 4454 Daffodil Circle, commented residents were here to state their opinions and that should be the end of it, not to have rebuttals, and residents were not here to have an argument with City Council. Donna Brosemer, 8 E. Lexington Lane, #2, wished to underscore that a lot of tonight's comments were made because they had not been allowed the night before, and agreed with Mr. Buckley there should not be rebuttal with statements that were untrue and residents could not defend themselves. Ms. Brosemer stated she was doing everything she could to support Jody Barnett. Julia Byrd, Daffodil Circle, stated she agreed with Mr. Buckley, commented that she considered the mailing from the City to be a great political campaign for the Briger site, and asked the amount of tax dollars spent on the mailing. Bruce Rendina, West Palm Beach, CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/17/05 5 commented his company had their national headquarters in the City, and also had a large office in LaJolla, California, where Scripps had been located for many years, and noted that many of the facts had been distorted. Mr. Rendina stated the 8 million square feet was a vision and would take many years to become a reality, and they would not all cluster in one area but would spread through the community, and traffic would not be the issue as perceived today. John Lernihan, 1801 Sabal Ridge Court, commented food, shelter, and water were the three most important things for human life, and water was most important; and felt Scripps should not move to Florida. Vice Mayor Russo requested Ms. Barnett receive an answer regarding the police department, and stated he did not want this chamber turned into a political forum. Ms. Delgado stated that had already been done with the Chief of Police but it could be put into writing. PUBLIC HEARINGS: Part I — Quasi-judicial - None Part I1— Non - Quasi - judicial - Mayor Jablin outlined the procedures to be followed. Ordinance 2, 2005 — District Park FLUM (First reading and transmittal hearing). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for a large -scale land -use map amendment to the Comprehensive Plan of the City of Palm Beach Gardens relating to certain property consisting of approximately 81.80 acres, generally located West of Interstate -95, East of Central Boulevard, South of the Old Palm Planned Community Development (PCD), and North of the Duncan Middle School and the Garden Lakes Planned Unit Development (PUD), to change the land -use designation from Residential Medium (RM) to Conservation (CONS); and providing an effective date. The City Clerk read Ordinance 2, 2005 on first reading by title only. Senior Planner Brad Wiseman presented the proposed amendment. Staff answered questions from the Council. Mayor Jablin declared the public hearing open. Commissioner Karen Marcus requested this petition be withdrawn since this was a county park, not a city park, and the city had not notified the county of this petition. Vito DeFrancesco, Shady Lakes, pointed out this park was initially to include an amphitheater and water park, and an amphitheater would destroy surrounding development by impacting lifestyle of approximately 3,000 homes. Tom Sosey, 149 Bent Tree, read into the record comments from Ruth Peeples, 184 Bent Tree, who could not attend tonight: Ms. Peeples requested the city change the zoning designation from RM to conservation. Rick Sartory, 4131 Lakespur Circle South, requested going forward and that the city work with the county on this issue. Jean Cramer, Assistant County Administrator, commented there was no amphitheater or water park in the most recent site plan, and the county would be happy to continue the process. Steven Beier, 3500 Marigold Court, asked everyone to work together for the greater good. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Vice Mayor Russo made a motion to withdraw Ordinance 2, 2005. Councilmember Valeche seconded the motion. During discussion of the motion, the City Attorney advised this could be postponed indefinitely. Commissioner Marcus requested withdrawal. Councilmember Delgado asked that work continue toward a park. It was confirmed the designation did not need to be changed for a park. It was requested that the residents in the area be involved. Motion carried by unanimous 5 -0 vote. RE -ORDER AGENDA Councilmember Delgado moved to hear Ordinance 4 and Ordinance 7 at this time. CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/17/05 6 Councilmember Valeche seconded the motion, which carried 4 -1 with Councilmember Levy opposed. Ordinance 4, 2005 – Comp Plan Future Land Use Element text amendment. (First reading and transmittal hearing). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida Amending the Future Land Use Element of the Comprehensive Plan of the City of Palm Beach Gardens relating to the Public /Institutional uses within the Mixed -Use Land Use Designation; and providing an effective date. The City Clerk read Ordinance 4, 2005 on first reading by title only. Senior Planner Kara Irwin presented the amendment. Mayor Jablin declared the public hearing open. Norma Tarlow, 6253 Celadon Court commented Scripps people were not the kind of people wanted in Palm Beach Gardens. Laurie Limebrook, 4124 Venetia Way, thanked Ms. Delgado for holding the town hall meeting and expressed her opposition to proposed zoning changes and Ordinances 4 and 9. Vicki Muschkin, 4123 Venetia Way, requested clarification on information received from the city regarding Briger —how to get a larger buffer and how to make sure the buildings did not get too high. Howard Rosenkranz, 25 Princewood Lane, supported Scripps but not the Briger location, and did not agree with traffic assumptions, and suggested delaying this process until it was known who was coming to the Briger site. Kevin Carpenter, 5122 Isabella Drive, echoed Mr. Rosenkranz's comments, indicated it seemed greed was a force in this and was against changing ordinances 4 and 9 and zoning on the Briger site, expressed concern regarding traffic Scripps would bring, and asked the city to wait until the county had made their decision before proceeding. Michael Steinger, 3146 San Michele Drive, noted he and others had learned about these ordinances at Ms. Delgado's meeting the previous night, and expressed concern that residents had not had an opportunity to hear more discussion before changing the ordinance, and favored waiting to make changes after it was known who would occupy the Briger site. Janet Steinger, 3146 San Michele Drive, expressed concern with the motives behind changing zoning on the Briger site, and commented many San Michele purchasers would not have purchased there if they had known this would happen, and she was never told this could happen in her back yard. Troy Fee, 3144 San Michele Drive, asked why this was being done now when it was not known if Scripps was coming to this site, why residents had to find out about this from Ms. Delgado's meeting, and asked if there would be large tax breaks for Scripps. Tiffany Fee, 3144 San Michele Drive, commented the only information on this received by San Michele residents was from Ms. Delgado's meeting, that she chose San Michele for her home based on low density, and was opposed to Scripps on the Briger Tract. Steve Barnes, 1011 Shady Lakes Circle, stated he loved Scripps but not on the Briger Tract where all 8 million square feet of the development would be located, and believed traffic assumptions were untrue. Vito DeFrancesco, Shady Lakes, commented changing the area would mean 40% more buildings could be added, expressed concern there would be much more traffic than anticipated, commented this would allow trees to be cut down, and expressed his opinion this would reduce quality of life. Dennis Solomon, 217 Old Meadow Way, stated he was a member of the Florida Bar and a member of the PZA Board, but was speaking as a resident and expressed support for the four agenda items and the Briger site for Scripps. Mr. Solomon expressed his opinion Scripps would provide high quality jobs and increase the city's tax base, and listed reasons he favored the Briger site. Jeannie Kulek, 4127 Venetia Way, San Michele, commented San Michele residents had not been consulted and the zoning code should not be changed, and expressed concern that she would have 24 CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/17/05 7 hours of daylight from lights on at Scripps. Tom Sosey, 149 Bent Tree, opposed all the ordinances regarding the Briger Tract, stated he was pro Scripps but asked that the ordinances be tabled at this time. Kenneth Kahn, 610 Hiatt Drive, Chainnan of the Palm Beach Gardens Economic Development Advisory Board, advised that the board supported all ordinances whether or not Scripps went to Briger, to help the economic development of the city. Al Gyuricza, 3132 San Michele Drive, expressed concern no one at San Michele had been asked for input and requested they be able to provide their input in order to plan the future of the community together. Barry Reiss, 16000 Portofino Circle, expressed his opinion it was wrong to bring Scripps here and opposition to all issues here tonight. Patty Doherty, PGA National, supported Scripps on any site and wanted them to grow because of her father's Alzheimer's, since Scripps led the way in finding cures for such diseases and provided hope for families like hers. Elle Halperin, representing Gardens 95 Limited Partnership, property owner adjacent to the site, urged the city to allow those already in the process from the forbearance agreement to proceed in a more timely fashion and to be sure the city's traffic study included all pending applications. Keith Greene, 4382 Hawthorn Avenue, commented the general changes being considered would reduce green space and increase building heights and would have an adverse effect on the character of the city. Amir Kamel, 8332 Man-o -War Road, expressed support for Scripps on the Briger site and asked the city to protect the surrounding neighborhoods. Barry Present, 372 Prestnick Circle, stated he was a long -time resident and Vice Chair of Planning and Zoning Commission, and expressed support for tonight's comp plan amendments to allow mixed use development of the Briger site, whether or not Scripps was located there, for attainable workforce housing and an employment center. Commissioner Karen Marcus thanked the city and the landowner for their work to bring the Briger site forward so if Scripps wanted that site it would be ready, or if not, the city would have an opportunity to develop the site through their economic development program. Howard Lisnoff, 634 Moondancer Court, commented Briger had been mentioned for the past year, his family had moved here for the lifestyle, and expressed opposition for the Briger site. Mayor Jablin declared the public hearing closed. Staff responded to comments that had been made and explained the process for comprehensive plan transmittal. A suggestion was made by the Vice Mayor to transmit and to hold an open forum to answer questions in approximately 30 days to clarify the issues. The City Manager reported staff was in contact with a representative from San Michele to hold a meeting there. Councilmember Delgado suggested a town hall meeting to inform other developments. Councilmember Levy made a motion to approve Ordinance 4, 2005. Councilmember Valeche seconded the motion. Motion carried 4 -1, with Councilmember Delgado opposed to doing it at this time Ordinance 7, 2005 — Comp Plan Future Land Use Map amendment. (First reading and transmittal hearing). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for a Land -Use Map Amendment to the Comprehensive Plan of the City of Palm Beach Gardens relating to certain properties consisting of approximately 708.14 acres, generally located at the North East side of the intersection of Hood Road and the Florida Turnpike and South of Donald Ross road, commonly referred to as ` Briger Tract," to change the land -use designation from Commercial (C) and Residential Low (RL) land -use designation to Mixed -Use (MXD) land -use designation; and providing an effective date. The City Clerk read Ordinance 7, 2005 by title only on first reading. Senior Planner Kara Irwin CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/17/05 8 presented the proposed amendment. The City Attorney noted there was not time to finish the agenda items tonight. Mayor Jablin opened the public hearing. Councilmember Levy made a motion to continue the public hearing for Ordinance 7, 2005 to a date certain of the next night, February 18, 2005, at 7 p.m. Councilmember Valeche seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 8, 2005 — Comp Plan Capital Improvements Element Amendment. (First reading and transmittal hearing) An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the Capital Improvements Element of the City of Palm Beach Gardens Comprehensive Plan to include projects which are necessary for the City to continue to meet its adopted level -of- service standards; and providing an effective date. The City Clerk read Ordinance 8, 2005 on first reading by title only. Mayor Jablin declared the public hearing open. Councilmember Delgado made a motion to continue the public hearing for Ordinance 7, 2005 to a date certain of the next night, February 18, 2005, at 7 p.m. Councilmember Valeche seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 9, 2005 — Comp Plan Conservation Element amendment. (First reading and transmittal hearing). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the Conservation Element of the Comprehensive Plan of the City of Palm Beach Gardens relating to the protection of environmentally sensitive areas and listed species; and providing an effective date.. The City Clerk read Ordinance 9, 2005 on first reading by title only. Mayor Jablin declared the public hearing open. Councilmember Delgado made a motion to continue the public hearing for Ordinance 9, 2005 to a date certain of the next night, February 18, 2005, at 7 p.m. Councilmember Valeche seconded the motion, which carried by unanimous 5 -0 vote. RESOLUTIONS: Resolution 10, 2005 - Borland Center for Community Enrichment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida accepting a conservation easement from Palm Beach Acquisitions LLC, a Florida Limited Liability Company, for a 4.6 -acre site off the Beeline Highway, opposite the North County Regional Airport, as more particularly described herein, as an off -site upland preserve set aside for the Borland Center Planned Unit Development; approving the Borland Center Plat; accepting a deed for Shady Lakes Drive consistent with the Borland Center Plat; and providing an effective date. Councilmember Delgado made a motion to continue the public hearing for Ordinance 7, 2005 to a date certain of the next night, February 18, 2005, at 7 p.m. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/17/05 9 ADJOURNMENT: There being no further business APPROVAL: ATTEST: 0 PATRICIA SNIDER, CMC CITY CLERK Al- ) 25 p.m.