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HomeMy WebLinkAboutMinutes Council 030206CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING March 2, 2006 The March 2, 2006 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:06 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor 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 Mayor Russo announced the following additions under Consent Agenda: Proclamation declaring March as National Nutrition Month, and Resolution 34, 2006, an Interlocal agreement between municipalities to work on the Scripps project. One deletion was announced under Announcements /Presentations: School Board presentation on Palm Beach Gardens High School had been cancelled and would be rescheduled for a later date. Mayor Russo requested Consent Agenda item (d) Proclamation — March as Woman's History Month be moved to Announcements/Presentations. Vice Mayor Jablin moved approval of the additions, deletions, and modifications as stated by the Mayor. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. ANNOUNCEMENTS / PROCLAMATIONS: Proclamation — March as Woman's History Month - Mayor Russo read aloud the names of the Palm Beach Gardens Women's Club members who were present, and read the proclamation. Vice Mayor Jablin moved to adopt the proclamation. Councilmember Barnett seconded the motion, which carried by unanimous 5 -0 vote. ITEMS OF RESIDENT INTEREST: Councilmember Barnett reported attendance at the Firemen's award dinner and thanked the firemen who protected the city. Councilmember Levy presented four recipes from his wife in celebration of National Nutrition month. Mayor Russo reported he had attended a meeting of North County Mayors and the Resolution added to the consent agenda would keep communication open to work on Scripps. Mayor Russo announced that he had spoken with President Frank Brogan of FAU and many of the trustees, thanking them for their support, and reported Mr. Brogan felt there would be no problem in obtaining approval from the Board of Trustees. Vice Mayor Jablin reported Mr. Talal Benothman, a 7 -year employee, was moving on to another job and would be tremendously missed, and wished him the best. CITY MANAGER REPORT: City Manager Ferris gave credit to City Attorney Christine Tatum for taking a leadership role regarding the Interlocal agreement between the municipalities. COMMENTS FROM THE PUBLIC: Eileen Tucker, Shady Lakes, reported attending the PZA meeting the previous week and advised that she had left very angry, and asked why everything got passed without real discussion with the residents. Vito DeFrancesco, Shady Lakes, commented he believed one of tonight's public hearings would be illegal; reported he had made a public information request and had not received all the documents as requested; expressed his opinion that all the requirements had not been followed for a particular project; and asked that the law be CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/2/06 2 followed. Pat Hughey thanked the City for the volunteer event. Paul Auerbach, Gardens of Woodberry, reminded the City Council of the original Borland Center plan and Resolution 92, 2004 which reflected agreements with the residents, and asked that such Resolutions not be changed. CONSENT AGENDA: Vice Mayor Jablin moved approval of the consent agenda as amended. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Therefore, the following items plus Resolution 34, 2006 were approved: a. Approve Minutes from the February 2, 2006 Regular City Council meeting. b. Resolution 24, 2006 — Approve a Work Authorization and Notice to Proceed to Landscape Service Professionals, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a Work Authorization and Notice to Proceed to Landscaping Service Professionals, Inc. based on its annual landscaping and irrigation contract dated September 15, 2005, for median improvements along Military Trail from I -95 to EPB -3C Canal; and providing an effective date. C. Quarterly Financial Report for the period ending December 31, 2005. PUBLIC HEARINGS: Part I — Quasi - judicial - Mayor Russo announced the hearings on tonight's agenda and described the quasi-judicial procedures to be used; the City Clerk swore in all those intending to offer testimony in any of the hearings. Vice Mayor Jablin made a motion to move Resolution 26, 2006 to be first under Part II — Quasi-judicial. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 26, 2006 - RCA Center PUD — Revisions to Approved Development Plans. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Master Development Plan for the approximately 30 -acre RCA Center Planned Unit Development (PUD) (A.K.A. "Parcel 513"), approved by way of Resolution 216, 2004, generally bounded by the PGA Flyover to the North, the Florida East Coast (FEC) Railway to the East, the Gardens Station PUD to the South, and RCA Boulevard to the West, as more particularly described herein, to modify certain conditions of approval and to allow: a reallocation of square footage between certain buildings on site; revised footprints and elevations of certain buildings; addition of a parking structure; and other minor changes to the site and landscape plans; providing additional waivers; providing additional conditions of approval; and providing an effective date. The City Clerk read Resolution 26, 2006 by title. Mayor Russo declared the public hearing open, held on the intent of Resolution 26, 2006. Each member of the City Council reported no ex -parte communication. Vice Mayor Jablin made a motion to continue the public hearing for Resolution 26, 2006 to a date certain of April 6, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 14, 2006 - Amendment to the Midtown Planned Unit Development (PUD) F.K.A. the Borland Center. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending Resolution 92, 2004, which approved the Midtown (F.K.A. the Borland Center) Planned Unit Development (PUD), located on the North side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as described more particularly herein, to modify certain conditions of approval, including the timing for the installation of landscape buffers and traffic signals; and providing an effective date. The City Clerk read CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/2/06 3 Resolution 14, 2006 by title. Mayor Russo declared the public hearing open, held on the intent of Resolution 14, 2006. The following ex -parte communications were reported: Councilmember Barnett reported she had spoken with Eileen Tucker, Vito DeFrancesco, and Paul Auerbach, listened to a presentation by Don Hearing, and had received a letter from Roy Royce, as had all the members of the council. Councilmember Levy reported he had had a meeting with Don Hearing, Mr. Cummings, and John Gary, dealing with hydro geological items including the withdrawal permits for SFWMD, Seacoast Utilities water line construction material and replacement, drainage problems with Shady Lakes Drive, and the traffic light installation. Councilmember Valeche reported he had also attended a presentation by Mr. Hearing and had met separately with Mr. Hearing, Mr. Cummings, and Mr. Gary, and discussed the same things reported by Councilmember Levy, minus a lot of the hydrological detail. Vice Mayor Jablin reported a brief conversation with Don Hearing. Mayor Russo reported he had received phone calls from Dr. Underwood and Mr. Gary and informed them he was going to rely on meeting with staff, which he did, and he also had spoken with Paul Auerbach, Vito DeFrancesco, and Eileen Tucker on the way in, but had discussed nothing in detail. Donaldson Hearing described the approved project and presented the petitioner's request, and responded to questions from the City Council. Steve Barnes, Shady Lakes, thanked staff for getting the sidewalk in and the developer for the landscaping that had been installed, and asked that there be an agreement that the temporary fence would be removed in the event of a hurricane, and asked for work on the installation of the traffic light, and that the developer live up to the original developer's order and that the developer communicate with the residents. Vito DeFrancesco, Shady Lakes, was against the waiver for an 80' buffer, stating it was prohibited in a section in the LDR's, and advised that the lake intruded into the buffer making it only 13' wide, and the code required 20', their deed required 30', and he wanted it to be 100'. Beverly Gregory, Shady Lakes, commented this was not a joke, other lights had been installed and why was none available for Shady Lakes where they could not get in and out of their community. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Dan Clark reported on interim safety measures at the Shady Lakes intersection until the traffic signal could go in and advised of the deadline for the signal installation. City Attorney Tatum confirmed that in her opinion this matter was properly before the Council tonight, and the question of the buffer was not before the Council tonight. Councilmember Barnett proposed an amendment to the resolution establishing a deadline for the buffer completion. The following amendment was read by the City Attorney: The applicant shall install the landscaping and irrigation for Shady Lakes Drive and Garden Square Boulevard prior to June] 5, 2006 The applicant shall install the landscaping and irrigation for the PGA Boulevard Parkway and Garden Lakes PUD prior to the issuance of the first Certificate of Occupancy. To mitigate the effects of the project, the applicant shall install 6' high chain link fence with privacy tarp around the perimeter of the subject site no late than March 17, 2006. This fence shall be removed upon completion of the landscape buffers. Failure of the applicant to meet this deadline shall result in the issuance of a stop work order for the project for all construction activities not required for the installation of the traffic signal and landscape buffers. The issuance ofsuch stop work order shall be in addition to any other enforcement methods available to the City for ensuring compliance with this condition. Mr. DeFrancesco asked to cross examine. The City Attorney advised that cross examination should have occurred during the public CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/2/06 4 hearing. Mayor Russo declared the public hearing reopened. Ray Royce, Attorney for the applicant, objected, stating that the City Attorney had advised that cross examination should have occurred within the public hearing. Mr. DeFrancesco cross examined Mr. Hearing regarding the graphic presented during the public hearing in the power point presentation August 5, 2004, and the fence. Beverly Gregory asked a question about the gap in the fence. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin moved approval of the March 1 version of Resolution 14, 2006 with the changes to Section 15, section 3 paragraph, as read into the record by the City Attorney. Councilmember Levy seconded the motion, and encouraged communication between the developer and the affected communities. Motion carried by a 4 -1 vote with Councilmember Barnett objecting. Ordinance 9, 2006 — (2nd reading and adoption) Amending the development order of the Northcorp Planned Community Development (PCD). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 1, 1990 relating to the Northcorp Planned Community Development (PCD) and Planned Unit Development (PUD); transferring the conditions of approval of the Northcorp PCD and PUD to Resolution 19, 2006; and providing an effective date. [Resolution 19, 2006 is a companion item to Ordinance 9, 2006 and will require Council action.] Resolution 19, 2006 — Amendment to the 107 -acre Northcorp Planned Community Development (PCD). A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the 103 - acre Northcorp Planned Community Development (PCD), generally located North of Burns Road, South of PGA Boulevard, East of Interstate 95, and West of Alternate A 1 A, as more particularly described herein, to modify certain conditions of approval; and providing an effective date. [Resolution 20, 2006 is a companion item to Ordinance 9, 2006 and will require Council action.] Resolution 20, 2006 - Approving a site plan amendment to the Anspach project. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a site plan amendment to the Anspach project at the Northcorp Planned Community Development (PCD), to allow an additional 16,275 square feet of office use and 32,666 square feet of light industrial use, located on the 7.0 -acre site which comprises Lot 1 of the South Park Center and Lot 2 of the West Park Center in the Northcorp Planned Community Development (PCD), generally located at the Southwest corner of the intersection of Riverside Drive and Northcorp Parkway, as more particularly described herein; providing for waivers; providing for conditions of approval; and providing an effective date. The City Clerk read Ordinance 9, Resolution 19, 2006, and Resolution 20, 2006 by title only. Mayor Russo declared the public hearing open, held on the intent of Ordinance 9, 2006 with companion items Resolution 19, 2006 and Resolution 20, 2006. No ex -parte communication was reported. Brian Cheguis, Cotleur and Hearing, reported no changes since the last presentation. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin made a motion to adopt Ordinance 9, 2006 on second reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Vice Mayor Jablin made a motion to approve Resolution 19, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Donaldson Hearing, on behalf of the Anspach companies, presented a requested signage waiver and an additional point of ingress and egress for Resolution 20, 2006. Vice Mayor Jablin made a motion to approve Resolution 20, 2006, reflecting leaving the first sign on the CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/2/06 5 original building on the north side of the property. Councilmember Levy seconded the motion. The City Attorney advised condition 19 would need to be removed; staff indicated condition 20 would need to be removed. Vice Mayor Jablin withdrew his motion and Councilmember Levy withdrew his second. It was determined by staff and the City Attorney that condition 19 needed to be removed. Vice Mayor Jablin moved approval of Resolution 20, 2006 with condition 19 removed. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Delores Key, Economic Director, provided an overview of the economic impact on the City by this first TEPP project. Ordinance 10, 2006 — Wt reading) Application for abandonment of a portion of Fairview Lane. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida approving an application for the abandonment of the 40' wide by 161' long, North/South portion of Fairview Lane (also known as Fairway Lane), generally located at the Southwest corner of PGA Boulevard and the Florida Turnpike within the PGA National Resort Planned Community Development (PCD); and providing an effective date. [Resolution 23 2006 is a companion item to Ordinance 10, 2006 and will require Council action at 2 "d reading.] Resolution 23, 2006 — Site Plan Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a site plan amendment for Gardens Home Management Services located within the PGA National Planned Community Development (PCD) located at the Southwest corner of PGA Boulevard and the Florida Turnpike, as more particularly described herein, to allow the conversion of a 4,486 square -foot former fire station to a professional office; providing waivers; providing conditions of approval; and providing an effective date. The City Clerk read Ordinance 10, 2006 by title only. Mayor Russo declared the public hearing open. Councilmember Levy reported he had spoken with John Gary regarding abandonment of the roadway. All other members of the Council reported no ex -parte communication. Anne Booth, Urban Design Studio, presented the project on behalf of the applicant. In response to Tim Frohling's question whether there would be any remuneration for abandonment, Jim Griffin explained the applicant had found a way to make the property useful and bring it onto the City's tax rolls, which was compensation for the abandonment. Hearing no additional comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin moved to place Ordinance 10, 2006 on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Part II — Non-Quasi-judicial RESOLUTIONS: Resolution 18, 2006 - Purchase award for thirty six vehicles and seven motorcycles. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding contracts for the purchase of thirty-six vehicles to Don Reid Ford, Duval Ford, Maroone Dodge, and Maroone Chevrolet, and for the purchase of seven Police motorcycles to Fort Lauderdale Harley- Davidson via an existing contract with the Florida Sheriff's Association, Contract No. 05 -13 -0822; and providing an effective date. James Lund, Fleet Superintendent, presented the request. Vice Mayor Jablin moved approval of Resolution 18, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. CITY ATTORNEY REPORT: City Attorney Christine Tatum reported two good rulings: in the Federal court in the Vavrus case the City was awarded approximately $138,000 in attorney's fees based on the federal CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/2/06 litigation being meritless and without any foundation, which would reimburse the insurance carrier. The City Attorney also reported a summary judgment order in favor of the City on all counts in the case of Miller vs. the City. Resolution 34, 2006 — Staff questioned whether Resolution 34, 2006 had been voted on. In order to be sure, Vice Mayor Jablin made a motion to approve Resolution 34, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. ADDITIONAL COUNCIL COMMENTS: Mayor Russo announced the Honda Classic, and that all residents of the City would be admitted free. Councilmember Barnett requested discussion of placing the police pension board item on the next agenda; following the discussion consensus was to wait to consider this after the study had been completed. ADJOURNMENT There being no further business to discuss, fe peetog was adjourned at 10:21 p.m. APPROVAL: V, LEVY �qCILMEMBER VALECHE ATTEST: PATRICIA SNIDER, 6MC CITY CLERK