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HomeMy WebLinkAboutMinutes Council 040705CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING April 7, 2005 The March 17, 2005 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:03 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Joe Russo, 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 Russo, Vice Mayor Jablin, Councilmember Levy, Councilmember Valeche, and Councilmember Barnett. ADDITIONS, DELETIONS, AND MODIFICATIONS: The following changes were proposed: Resolution 4'7, 2005 The Sanctuary Palm Beach Gardens HOA, Inc. Lake Access Tract —there were two proposed amendments to the Resolution, No. 28 and 29. A copy of the proposed revisions had been provided to each member of the City Council. Resolution 8, 2005 – Frenchman's Yacht Club concurrent processing application, the title was being changed to approve a concurrent processing agreement between the City and Avatar Properties, Inc. A copy of the proposed revision had been provided to each member of the City Council. Vice Mayor Jablin moved to approve the proposed changes. Councilmember Levy seconded the :motion, which carried by unanimous 5 -0 vote. ANNOUNCEMENTS / PRESENTATIONS: National Nutrition Month – Palm Beach County Health Unit – Judy Cooper, Nutritionist with the Palm Beach County Health Unit, provided a presentation on the S a Day program, This program is about eating five fruits and vegetables each day for better health and cancer prevention, and reported 5 to 9 servings each day had been found to be better. Quarterly Financial Report - Finance Director Allan Ovens presented the quarterly financial report for the first quarter for FY 2005. Mr. Owens reviewed revenues and expenditures in the General Fund. Expenditures for all departments, investments, risk management issues, were highlighted. Net assets had increased, however, hurricane costs had reduced projections. Golf course revenues, impact fees, and status of projects were reviewed. Mr. Owens answered questions from the Council. Mr. Owens expressed his opinion that the hurricane debris pickup costs would be reimbursed shortly for eligible pickups, and indicated he would report the amounts to City Council as soon as they were known. Mr. Owens advised that some preliminary budget numbers could be available April 19. ITEMS OF RESIDENT INTEREST: Councilmember Barnett reported she had attended a, children's event and had gone to Tallahassee and met some of the legislators. Councilmember Levy thanked the community for participation in the Town Hall meeting. Vice Mayor Jablin reported he had attended the third annual concert sponsored by Frenchman's Creek. Mayor Russo thanked Vice Mayor Jablin for taking a leadership role in that event. Mayor Russo reported he had talked with San Michele residents, and he had invited them to attend a charrette on May 9 for the Briger Tract. The Mayor reported the residents wished the low density residential to be maintained. Mayor Russo had advised them the Council seemed to favor a mixed -use planned community; however, he believed all their wishes could be met. Mayor Russo reported he had met with the PGA Board of Directors and advised them that the City was going to make a presentation at the April MPO meeting when the widening of PGA Boulevard to six lanes CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/7/05 2 was going to be on their agenda again. Mayor Russo reported everyone on the Council had looked at the Kyoto Drive situation, and that Dan Catalfumo wanted to help and make things better for the residents, so long as it made good business sense. CITY MANAGER REPORT: Charles Wu, Growth Management Director, made a presentation regarding Kyoto Drive. City Engineer Dan Clark reported proposed costs for the wall, bridge addition, and landscaping were anticipated to come from road impact fees. Gordon Douglas, Winchester Courts, commented the residents were requesting a 6 -month extension on the Kyoto Drive project, and gave reasons for this request. Following discussion, and comments by the Council, the two major questions to be answered during the proposed delay were determined to be moving the terminus on Military Trail to the south and moving the entire alignment of the road to the south. Mayor Russo requested a meeting be set up with DOT and this matter brought back in two weeks. COMMENTS FROM THE PUBLIC: Lauren Furtado, Crestdale Street, had attended the Town Hall meeting and reminded the Council that a management audit and a budget analysis were requested. Ms. Furtado questioned how Kyoto Drive went from 2 to 4 lanes, and requested people in Winchester Courts be advised that would be a public road. Ms. Furtado asked that the visioning document be provided at meetings. Ms. Furtado commented she did not need to be recognized as a former member of the Council. Thomas Brady, Kyoto Drive, reported the canal bank at Mary Circle was not being maintained by the City. Vito DeFrancesco, Shady Lakes, commented on the Borland property issue of ownership of the right -of -way, which either the City had granted a non - residential MXD improperly, or they had lost concurrency. Mr. DeFrancesco asked if the City to fix their mistake if they had made one. Mr. DeFrancesco expressed his opinion that the City had also made a mistake in calculating the off -site mitigation. Mayor Russo asked Mr. DeFrancesco to call him the next day to set up a meeting on these matters. Pat Hughey, Reed Drive, reviewed pictures provided to the Council depicting trash not properly picked up after the hurricane, and asked that services be handled by local firms, and thanked the Council for the Town Hall event. CONSENT AGENDA: Councilmember Levy made a motion to approve the Consent Agenda as submitted. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Therefore, the following items were approved on the Consent Agenda: a. Approve Minutes from the February 18, 2005 Special City Council meeting. b. Approve Minutes from the March 3, 2005 City Council meeting. C. Resolution 35, 2005 - An Interlocal Agreement between the City and Palm Beach County. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Interlocal Agreement between the City and Palm Beach County for Community Development Block Grant and Horne Investment Partnership Program activities for Fiscal Years 2006, 2007, and 2008; authorizing the Mayor and City Clerk to execute same; and providing an effective date. d. Resolution 43, 2005 - Approving an agreement with Health Careers Institute for the education and training of students in the Paramedic and EMT programs. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement with Health Careers Institute for the education and training of students in the Paramedic and EMT programs; and providing an effective date. CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/7/05 3 e. Resolution 45, 2005 - Approving and ratifying an agreement with the Police Benevolent Association for Police Lieutenants. 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 Lieutenants 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. f. Resolution 46, 2005 - Gardens Station plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Gardens Station Plat; and providing an effective date. g. Resolution 49, 2005 - Amendment No. 1 to an Interlocal Agreement with the School District to allow for future construction of a restroom /pavilion at Howell Watkins Middle School. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the execution of an Amendment to an Interlocal Agreement between the City of Palm Beach Gardens and the School District of Palm Beach County for the mutual use of public facilities to allow for future construction of a restroom/pavilion at Howell L. Watkins Middle School; and providing an effective date. h. Resolution 50, 2005 - Work Authorization to LBF &H, Inc., for Project No. 2003 -007. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a work authorization for engineering services with LBFH, Inc., to provide engineering and surveying services related to the canal restoration and stormwater projects; authorizing the Mayor and the City Clerk to execute the same; and providing an effective date. i. Proclamation — Fair Housing Month. j. Proclamation — Kids Day America/Intemational PUBLIC HEARINGS: Part I — Quasi- iudicial - Mayor Russo reviewed quasi - judicial procedures. The City Clerk swore in all those who intended to offer testimony in any of the quasi-judicial cases on tonight's agenda. Ordinance 13, 2005 - (1" reading) Waterford Hotel Planned Unit Development (PUD) amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 53, 1988, Ordinance 18, 1992, and Ordinance 14, 1996 relating to the zoning for the Waterford Hotel Planned Unit Development (PUD) to transfer the site plan approval and related conditions to Resolution 44, 2005; and providing an effective date. The City Clerk read Ordinance 13, 2005 by title only on first reading. [Resolution 44, 2005 is a companion item to Ordinance 13, 2005 and will require Council action on second reading: Resolution 44, 2005 - Waterford Hotel Planned Unit Development (PUD) amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Waterford Hotel Planned Unit Development (PUD), which is located approximately 1 /10ffi of a mile South from PGA Boulevard on the East side of US Highway, to allow for the inclusion of a 1,710- square -foot restaurant into the PUD, as more particularly described herein; providing for waivers; providing for conditions of approval; and providing an effective date. Mayor Russo declared the public hearing open and called for ex -parte communication. Councilmember Barnett reported she had spoken with Waterford CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/7/05 4 representative Dave Talley, who gave her a packet to read, and with Jeff Rinebalm representing the Twelve Oaks Community, and with Barry Present of the PZA board. Councilmember Levy reported he met with Mr. Talley and Mr. Giolitti, the General Manager, and discussed noise, crime, and the wall. Councilmember Levy also spoke with Tom Valdefia, representative of the HOA for Twelve Oaks, and Jeff Rinebalm, and had discussed noise, crime, after hours dining, outdoor dining, and extending the wall. Councilmember Valeche reported he spoke with Dave Talley, Mr. Giolitti, and Mr. Rinebalm. Vice Mayor Jablin reported he met with :Dave Talley, Mr. Giolitti, and Mr. Rinebalm. Mayor Russo reported he met with staff and spoke to Dave Talley. Marty Miner of Urban Design, representing the petitioner, reported they had met parking for the site, and the petitioner agreed with staff. Mr. Giolitti spoke on behalf of the petitioner. Jeff Rinebalm, attorney representing Twelve Oaks and Mr. Valdefia, spoke on behalf of the petitioner, and reported that Twelve Oaks now agreed with the petitioner so long as the conditions were met on their document. The City Attorney advised the conditions would be placed into the resolution. Mr. Wu commented staff had seen the language and would work with the applicant. Dan Pieori, resident of Twelve Oaks, commented on the noise issue and expressed gratitude the issue was being resolved. Elizabeth Bartram, Twelve Oaks resident, expressed pleasure with the resolution and noted ongoing noise concerns, and requested future vigilance. Jane Pieori also expressed gratitude for the resolution and hope the noise issue would remain resolved. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Councilmember Levy made a motion to approve Ordinance 13, 2005 on first reading by title only. The motion was seconded. Councilmember Levy asked if there would be time to send this back to Planning and Zoning before second reading. Councilmember Barnett reported Mr. Present personally felt the PZ &A board would have voted differently if the applicant had met City requirements and if the residents had been happy at that time. Motion carried by unanimous 5 -0 vote. Ordinance 35, 2004 - (2nd reading and adoption) The Sanctuary PBG HOA, Inc. Lake Access Tract. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 22, 1993 relating to the Sanctuary Planned Unit Development (PUD) to transfer the Master Plan approval and related conditions to a separate Resolution; and providing an effective date. The City Clerk read Ordinance 35, 2004 by title only on second reading and also Resolution 47, 2005, a companion item to Ordinance 35, 2004, which would require Council action. Resolution 47, 2005 - The Sanctuary PBG HOA, Inc. Lake Access Tract. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Sanctuary Planned Unit. Development (PUD) located on the North side of Hood Road approximately 1,500 feet West of Prosperity Farms Road, as more particularly described herein; to allow a fifteen -foot open space tract through an upland preserve known as tract "U -3" of the Sanctuary PUD Plat No. 2; to provide for no net loss of preserve acreage on site, and to eliminate four drainage tracts; providing conditions of approval; and providing an effective date. Mayor Russo declared the public hearing open. City Attorney Tatum advised there were 90 written letters and a -mails in favor and 23 opposing this petition which the petitioner had agreed could be entered into the record in the form of a list of the names of the providers. Councilmember Barnett reported she spoke with Sherry Hyman regarding the background, reasons for the request, their proposal and reasons for it. Councilmember Levy reported he spoke with Sherry Hyman and Joy Hearn and CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/7/05 5 discussed easements, requirements of heavy equipment, water quality standards; he also spoke with a resident, Scott, and with Mike Gfessor, and received a letter from a resident on water quality, and had also received water quality documentation from Everglades Laboratory. Councilmember Valeche reported he spoke with Sherry Hyman and had received written correspondence from Mr. Gfessor. Vice Mayor Jablin reported he had had no ex- parte since the last meeting other than e -mails he had received. Mayor Russo reported since the last meeting he had spoken to Barry Frank but did not discuss the issues, and had told Sherry Hyman he did not think it fair to speak with her since he had not met with Mr. Gfessor and would rather hear the facts at tonight's meeting and make a decision based upon that. The City Attorney announced there were two previous public hearings on first reading of the ordinance and all that evidence, documentation, and testimony was now included, and the new members of the Council had been provided with a CD of those hearings, and both had been present although they were not yet on the Council. Councilmember Barnett acknowledged she had been present and had reviewed the CD. City Forester Mark Hendrickson presented the staff report, and answered questions from Council. Sherry Hyman, representative for the petitioner, asked to speak after Mr. Gfessor. The City Clerk swore in all those intending to offer testimony who were not previously sworn in. Mike Gfessor stated his belief the petitioner had not met their case, his belief that the property could not be taken out of preserve status to create an open space tract, and provided a presentation in support of denying the petition. Sherry Hyman spoke on behalf of the petitioner. The City Engineer answered questions from the Council. Mayor Russo called for public comments. Barry Frank stated he was in favor of approving the lake access. John Geneco stated he supported using the existing easements. Robert Wilson stated he and his wife relied on the covenants when they purchased their home and he believed the HOA was breaking the law with this request. Thomas Hearn requested approval of this petition. Joy Hearn was in favor of the petition. John McGrath was in favor of the petition. Mona Jones was in favor of the HOA request for access through the preserve. Mary Ann Guske was in favor of the petition. Dennis Georges indicated Everglades Laboratory stated there was nothing wrong with the water quality of the lake. Jeff Ases indicated he opposed the rezoning. George Strom was in favor of the access. Scott Susgower expressed support for the petition. Karen Hanesworth was in favor of the petition. Christian Hanesworth was for approval of the request. Bob Sorre urged Council to follow the recommendations of staff. Frank Tombiani stated he was in favor of the petition. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Mr. Hendrickson stated all the city's files on this matter would be placed into the record. The City Engineer answered questions from the Council, and disclosed that he also lived in the Sanctuary. Vice Mayor Jablin moved to approve Ordinance 35, 2004 on second reading by title only. Councilmember Valeche seconded the motion. Councilmember Barnett expressed her opinion this petition should be approved for health, welfare and safety of the residents. Councilmember Levy indicated he hoped the residents could find a way to get back together, that the day he observed the lake he did see wildlife but although it appeared healthy that day, things changed in nature, sometimes very quickly, and biological oxygen demand had not been analyzed in the data he received, and the health of the lake could not be determined without daily samples. Councilmember Levy expressed concern because there was currently a lawsuit on this matter. Councilmember Barnett expressed her opinion the Council needed to decide this matter on CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/7/05 6 what they believed was right for the residents and let the civil matters work them out. Motion carried by unanimous 5 -0 vote. Vice Mayor Jablin moved approval of Resolution 47, 2005 as amended. Councilmember Valeche seconded the motion. Councilmember Valeche questioned on condition 28, why if brush was cleared from a 15' wide path only half was going to be mulched, and also commented that legally it seemed this was an important decision and instead of putting the onus on the City Forester about mulching it in the future it should be made clear now. Discussion ensued. It was clarified that the City Forester was authorized to clear 15'. Motion carried by 4 -1 vote. RESOLUTIONS: Resolution 8, 2005 - Frenchman's Yacht Club Concurrent Processing_ Application. A Resolution of the City Council of the City of Palm Beach Gardens, Florida allowing the concurrent processing of a rezoning, site plan, Planned Community Development (PCD) /Development of Regional Impact (DRI) amendment and comprehensive plan amendment for a 14.54 -acre site located at the Southeast corner of Donald Ross Road and Prosperity Farms Road, as more particularly described herein; and providing an effective date. Senior Planner Michael Sanchez presented the staff report. Councilmember Valeche made a motion to approve Resolution 8, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 38, 2005 - Approving the Art in Public Places Proposal for Lot 4 of the NorthCorp PCD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places proposal fbr Lot 4 of the NorthCorp Planned Community Development (PCD), as more particularly described herein; providing for one condition of approval; and providing an effective date, Vice Mayor Jablin reported he had objected to this when previously presented but had since met with the applicant and now had no objection. Vice Mayor Jablin made a motion to approve Resolution 38, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 39, 2005 - Approving the Art in Public Places proposal for the Bascom Palmer Eve Institute. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places proposal for the Bascom Palmer Eye Institute within the PGA National Resort Community Planned Community Development located at the Southwest corner of PGA Boulevard and Fairway Drive, as more particularly described herein; providing for a condition of approval; and providing an effective date. A Bascom Palmer representative presented the art. Vice Mayor Jablin made a motion to approve Resolution 39, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 55, 2005 — Amending Resolution 115, 2004. A Resolution of the City Council of the City of Palm beach Gardens, Florida amending Resolution 115, 2004, which approved an upland preserve set aside for Donald Ross Village Planned Unit Development, to provide a corrected legal description; and providing an effective date. Senior Planner Kara Irwin presented the staff report. Vice Mayor Jablin moved. approval of Resolution 55, 2005. Councilmember Levy seconded the motion, which can-ied by unanimous 5 -0 vote. ORDINANCES: Ordinance 6, 2005 — LDR amendment- Conditional uses — for Consideration on First Reading. Amend the Code of Ordinances, Chapter 2, Division 6, Planning, Zoning, and Appeals Board, Section 2 -147 entitled "Powers and Duties" to provide that further appeals CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/7/05 7 from any final decision of the Planning, Zoning, and Appeals Board shall be made to the circuit court. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the powers and duties of the Planning, Zoning, and Appeals Board, the conditional use review process, the review of development order applications, application procedures, and permitted uses, conditional, and prohibited uses; amending Section 2 -147, Code of Ordinances entitled "Powers and Duties "; amending Section 78 -24, Code of Ordinances entitled "Development Review Committee "; amending, Section 78 -43, Code of Ordinances entitled "Review of Applications for Development Order Approval "; amending Section 78- 46, Code of Ordinances entitled "Application Procedures"; amending Section 78 -52, Code of Ordinances entitled "Conditional Uses "; amending Section 78 -54, Code of Ordinances entitled "Public Notice "; creating a new Section 78 -56 to be entitled "Appeals and Reconsideration "; amending Section 78 -159, Code of Ordinances entitled "Permitted Uses, Conditional, and Prohibited Uses" to modify certain permitted and conditional uses; providing for codification; and providing an effective date. The City Clerk read Ordinance 6, 2005 by title only on first reading. Talal Benothman, Department of Growth Management, presented the staff report. Vice Mayor Jablin moved Ordinance 6, 2005 be placed on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 10, 2005 - Amending the Fiscal Year 2003/2004 Budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens' budget for the Fiscal Year beginning October 1, 2003, and ending September 30, 2004, inclusive; and providing an effective date. The City Clerk read Ordinance 10, 2005 on first reading by title only. Finance Director Allan Owens presented the request and answered questions from the City Council. Vice Mayor Jablin moved Ordinance 10, 2005 be placed on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 11, 2005 - Amending the Fiscal Year 2004/2005 Budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens' budget for the Fiscal Year beginning October 1, 2004, and ending September 30, 2005, inclusive; and providing an effective date. The City Clerk read Ordinance 11, 2005 on first reading by title only. Finance Director Allan Owens presented the request and answered questions from the Council. Vice Mayor Jablin moved Ordinance 11, 2005 be placed on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Vice Mayor Jablin moved Ordinance 11, 2005 be placed on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. ITEMS FOR COUNCIL ACTION /DISCUSSION: Recognition of former Councilmembers — Mayor Russo reported former Councilpersons Lauren Furtado, Carl Sabatello, and Annie Delgado had never received a plaque in recognition of their service and he thought it would be a nice thing to do. Vice Mayor Jablin suggested discussing it at the retreat. Quarterly meetings with the residents - Mayor Russo requested dates be set in June and October. Vice Mayor Jablin felt interest might begin to wane if meetings were quarterly and suggested a general Town Meeting once a year and an event Town Meeting once a year. Mayor Russo noted some comments from the last meeting needed to be discussed at the CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/7/05 8 the Town Hall meeting. The City Manager explained stalYwas in the process of extracting the questions from verbatim minutes, and had a team getting the answers. Mayor Russo requested the answers come back to Council on the 21'. ADJOURNMENT: There being no further business to discuss, the ee ' g w ad' urned at 11:27 p.m. APPROVAL: (� O VICE MAYOR JABLIN COUNCILMEMBER LEVY COUNCILMEMBER VALECHE COUNCI ER BARNETT ATTEST: PATRICIA SNIDER, CMC CITY CLERK