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HomeMy WebLinkAboutMinutes Council 050406CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING May 4, 2006 The May 4, 2006 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:02 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 Barnett, Councilmember Jablin, Councilmember Levy, and Councilmember Valeche. ADDITIONS, DELETIONS AND MODIFICATIONS: Mayor Russo announced the following proposed additions and deletions to the agenda: under additions, staff update by City Manager on ongoing projects; under deletions- postponement of public hearing under quasi-judicial hearings, Part 1 — Resolution 49, 2006, granting conditional use approval on the Vavrus ranch site, to the City Council meeting of June 15, 2006 as requested by the applicant. Councilmember Jablin made a motion to approve the additions and deletions as requested. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. PRESENTATIONS: City resident Sid Forbes was honored for his contributions to the City, with the operation of the Gardens Mall, for his volunteer work and leadership role; and was presented with a key to the City. Mr. Forbes expressed his thanks. ITEMS OF RESIDENT INTEREST: Vice Mayor Barnett congratulated 2006 Pathfinder award winners in Palm Beach County, and noted the reason the City had worked so hard to bring Scripps here was to provide educational opportunities for such outstanding young people. Councilmember Levy reported he had been one of the judges for the senior projects at Dwyer High School, and had been impressed by the students. Councilmember Levy also reported he had attended a Recreation Advisory Committee meeting, relayed the Committee's thanks to the City Council for passing the recreation loan initiative, and described the proposed improvements. Councilmember Valeche reported he had attended a Budget Oversight Committee meeting, and proposed reinstating the board since it was due to sunset. Councilmember Valeche suggested re- naming this group the Budget Oversight Board, and increasing the number of members. Councilmember Valeche reported he had been elected to the Board of Directors of the League of Cities, and reported the League was taking an aggressive posture against the County on home rule issues and would lobby for purely city issues, which he believed would create friction with the County, and advised that he would take no position before bringing the issues back to the City Council. Councilmember Jablin thanked the crew at the golf course for providing dinner, and congratulated Mayor Russo for winning the putting contest. Mayor Russo noted the budget oversight committee issue should be discussed at an upcoming Council meeting. Mayor Russo reported on the 15th he would be attending the cabinet meeting in Tallahassee, referred to items in a letter from the Governor and the City's actions already taken addressing these issues, and advised that work needed to be accelerated on the Scripps matter. Mayor Russo expressed his opinion that the members of the Council who had not made the trip to La Jolla should plan a trip, and that work on Scripps should be considered in the upcoming budget. CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/4/06 2 CITY MANAGER REPORT: Michael Sanchez, Growth Management Department, reported the County Commission had postponed consideration of the Callery-Judge comprehensive plan amendments to May 25, 2006. Kara Irwin reported attendance at an IPARC (Interlocal Plan Amendment Review Committee) fact - finding panel on the CREA (Coastal Residential Exception Area) amendment which was being proposed by the County, and advised there would be an issues forum May 18. The amendments would be on the June LUAB (Land Use Advisory Board) meeting and were proposed to go to the Board of County Commission transmittal in July or August, The City would be able to object 15 days prior to transmittal. Ms. Irwin advised that currently no agreement on the language had been reached. City Manager Ferris reported the process of changing the architecture for Palm Beach Gardens high school was continuing, and when the plans were ready it will be brought before Council to review. City Manager Ferris also reported FDOT (Florida Department of Transportation) had been contacted regarding PGA Boulevard from Central Boulevard to Shady Lakes Drive, and Military Trail from Garden Lakes Drive to Johnson Dairy Road for an intersection and safety review as requested by City Council at their last meeting, and the results would be presented when received. The City Manager commented regarding communications with Commissioner Marcus' office that did not want to get between the Commissioner and the Council on issues that might be political unless the Council wanted him to do that. Consensus of Council was that the procedure would not change except the City Manager's office would try to be more communicative on issues in which the Commissioner was interested, and staff would continue to communicate with staff. City Manager Ferris reported $72,000 had been the net received from the April 22 auction, and that later this summer 7 motorcycles will be retired would probably net at least that much. COMMENTS FROM THE PUBLIC: Tom DeRita, 5770 Whirlaway Road, and Al Malefatto of Greenberg Taurig, representing Avatar, responded to concerns raised by Commissioner Marcus at the last meeting regarding who was going to pay for the mast arm signal at Frenchman's Yacht Club. Mr. Malefatto announced that Avatar had agreed to contribute $100,000. Mr. DeRita advised he had contacted Commissioner Marcus, who agreed that $100,000 was the total amount that would be paid by the developer. Mayor Russo thanked Avatar for being a good citizen to the City. Mayor Russo read a card from Breny Castano, a resident who was not present, which stated a concern regarding being affected by noise. The Mayor indicated this was a homeowner association issue. Mayor Russo requested that the City Manager send Ms. Castano a letter. Suzanne Archer, 3187 Gardens East Drive, commented she had been trying to find out what the City's process had been during the hurricane period December 2004 through September 2005, and Todd Engle had helped her. Ms. Archer questioned if occupational licenses were required of contractors; and indicated she had been unable to locate applications, and was curious why the City's checklist had not been followed. City Manager Ferris responded, and advised that a copy of the latest efforts to respond to Ms. Archer's requests was available for the Council and a copy was to be given to Ms. Archer. Paula Magnuson, Sandalwood, thanked Todd Engle for his help, indicated there was a disaster regarding engineering, inspections, and the a/c skirts, and if the a/c skirts did not make it through this hurricane season she wanted them removed and another material used. Ms. Magnuson indicated another issue was that the a/c units relocated to the ground had no skirts or landscaping, and CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/4/06 3 encouraged the City to require inspections during repairs. Dennis Berg, Sandalwood, reported a newsletter from the homeowners association had indicated construction would start May 15, and requested inspections and that the code be followed. David Millard, Sandalwood, presented a copy of the roofing contract and pictures of material that was installed which could not be identified, and engineering requirements which the pictures showed were not followed, and asked if inspections had been done. Todd Engle, Construction Services Director, advised inspection records were being researched; the roofing contractor was going back to do all repairs, the standard inspection and certification process would be followed, and work would be done to assure all failures would be repaired. Mr. Engle advised the residents and HOA needed to work out some issues, and the City was going to work with the contractor to be sure all technical issues were resolved. The City Manager described the permitting process that had been done following the hurricanes, and advised that the City had gone well beyond their authority on this issue and was doing the best they could. Joan Elias, 1009 Diamond Head Way, commented Scripps was coming before Christmas and advised the City not to be cheap when doing the budget —the cost would be well worth it. Ms. Elias thanked Mr. Sanchez for representing the City at the Callery-Judge hearing, and asked that the City fight against a flyover at Beeline Highway. Bob Odell, Palm Beach County, Police Benevolent Association, reported he and Jay Spencer, with the Police pension board, were present to provide an update of pension issues, and asked for second reading on the next agenda. Jay Spencer reported meeting with Council and staff, and reported the requested study information had been completed. Finance Director Allan Owens indicated the actuary would have the report in a few days and the consultant could then complete their study in about two weeks. Discussion ensued regarding receipt of information. This item was anticipated to be on the agenda the first meeting in June if the report was ready. CONSENT AGENDA: Councilmember Jablin moved approval of the consent agenda. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Therefore, the following item was approved on the consent agenda: a. Approve Minutes from the April 6, 2006 Regular City Council meeting. PUBLIC HEARINGS: Part I – Quasi - judicial – Mayor Russo announced the procedures to be followed in tonight's quasi-judicial hearings. The City Clerk swore in all those intending to offer testimony in any of these cases. 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 5B "), 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. Donaldson Hearing spoke on behalf of the applicant. Mayor Russo declared the public hearing open and called for ex -parte communication. CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/4/06 4 Councilmember Levy reported he spoke with Jeff Marshall and discussed the project. Mr. Donaldson answered questions from the Council. Vice Mayor Barnett expressed a desire for public input earlier in the process. Discussion ensued. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin made a motion to approve Resolution 26, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 49, 2006 — Granting Conditional Use approval on the Vavrus Ranch site. A Resolution of the City Council of the City of Palm Beach Gardens, Florida granting Conditional Use approval for certain agricultural uses for the approximately 4,760 -acre Vavrus Ranch site located approximately five miles West of S.R. 710 (Beeline Highway) on the North side of Northlake Boulevard and East of Grapeview Boulevard, as more particularly described herein; providing conditions of approval; and providing an effective date. The City Clerk read Resolution 49, 2006 by title. Mayor Russo declared the public hearing open and called for ex -parte communication. Councilmember Levy reported John Gary had called him and asked if he had any questions, and he had none. Councilmember Valeche also reported speaking to John Gary. Councilmember Jablin reported Mr. Gary also asked him, and he had no questions. There were no comments from the public. Councilmember Jablin made a motion to continue the public hearing for Resolution 49, 2006 to the City Council meeting of June 15, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. v, cvvv — Iz- icaumr, aiiu �uvyL1v111 rXu►�iiuiiiV, ui� i IVV%,ILy lviaiii«iiaiij.;. Standards in the Code of Ordinances. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida creating a new Chapter 79 of the Palm Beach Gardens Code of Ordinances to be entitled "Property Maintenance Standards "; repealing Section 86 -27 Code of Ordinances, entitled "Housing Code Adopted "; repealing Sections 34 -123 through 34 -128 of Article V, Code of Ordinances, Entitled "Weeds, Rubbish, Unsanitary Conditions "; providing for codification; and providing an effective date. The City Clerk read Ordinance 6, 2006 by title only on second reading. Mayor Russo declared the public hearing open. City Attorney Christine Tatum explained the two proposed additions: (1) to allow six months for the ordinance to be effective, and (2) in adding requirements of Section 78 -329 to clarify that sprinklers did not have to be added to residential properties if they had not been installed originally. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin made a motion to adopt Ordinance 6, 2006 on second reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. ITEMS FOR COUNCIL ACTION/DISCUSSION: Councilmember Jablin presented a memo containing his research on waivers, and summarized the waiver process, which was used as a planning tool. Councilmember Jablin listed the most requested waivers in order, and reported although the least requested item was building height, that was the waiver that seemed to upset the residents the most; and therefore suggested that staff prepare a planning study with the intent being to codify and permanently restrict areas within the City that will not allow height waivers over "x" percent over what the code allows, and to recommend locations where buildings similar in height but no higher than the medical mall at 3801 PGA Boulevard might possibly be built, and to codify that as well. The waiver process would still be in place, and anyone requesting a CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/4/06 5 height waiver in any of these zones would have to go through the same process as today, but hopefully this would allay fears that tall buildings were going to be built everywhere. Discussion ensued. Suggestions included a visioning process by the residents, making the process more user friendly to the residents, addressing waivers separately from building heights, and clarifying that tall buildings could only go into certain locations. The City Manager encouraged the Council to let staff put together information on all planning elements and their interrelationships in order to see the big picture; and commented the future appearance of Northlake Boulevard also needed to be brought up. Another suggestion was to coordinate the budget workshop with the things that needed to be accomplished next year and to address this in the fall when all the residents were here. Councilmember Levy expressed his opinion that gasoline prices would rise out of control and the City should look at alternative fuels for their vehicles, and a long -term goal should be not to use gasoline. ADJOURNMENT There being no further business to discuss, the ryfetjK wpeX' djoplTed at 9:02 p.m. APPROVAL: Y ATTEST: PATRICIA SNIDER, CM CITY CLERK