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HomeMy WebLinkAboutMinutes Council 051806CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING May 18, 2006 The May 18, 2006 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:01 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. ANNOUNCEMENTS: Mayor Russo congratulated two staff members, Kara Irwin and Michael Sanchez, who had recently been certified by the American Institute of Certified Planners. ITEMS OF RESIDENT INTEREST: Vice Mayor Barnett reported she had attended the graduation of the citizens' police academy, congratulated the graduates, explained the training they had received, and thanked those involved. The Vice Mayor reported from the Interlocal Plan Amendment Review Committee issues forum that they were commissioning a light industrial land study, and they had formed a subcommittee for affordable housing and its relationship to the coastal residential exemption area. Vice Mayor Barnett advised she was a member of that subcommittee, and she would bring back information to the City Council so that a decision could be made by July 4 whether to object to the county's amendment before transmittal. Councilmember Levy reported he had attended the State of the City address which had been impressive; attended a presentation on sexual predators on the internet; had been appointed by the League of Cities to the Regional Oversight Hazardous Materials Committee; attended the League of Cities Gala; thanked Councilmember Valeche for service on the League of Cities Board; and presented a proclamation for Mayor Russo's signature honoring the USS Oriskany which had been retired to become the largest artificial reef, and thanked Councilmember Valeche for his service as a fighter pilot flying from that ship during the Vietnam war. Councilmember Levy made a motion to add the proclamation honoring the USS Oriskany to the agenda. Councilmember Jablin seconded the motion, which carried by unanimous 5 -0 vote. Councilmember Valeche made a motion to approve the proclamation honoring the USS Oriskany. Vice Mayor Barnett seconded the motion, which carried by unanimous 5 -0 vote. Councilmember Valeche advised the sexual predator website was www.netsmartz.com and stated he believed residents could see the entire presentation made the previous evening. Councilmember Valeche announced Tesula Stewart's brother -in -law had been killed in an automobile accident and the funeral was the next morning. Councilmember Valeche requested the budget Resolution he had proposed in January be placed on an agenda for discussion. Mayor Russo announced that would be discussed tonight under Items for Council Action. Councilmember Jablin reported he had attended the Metropolitan Planning Organization meeting and reported the Tri-Rail tracks were being double- tracked up from the south, quiet zones were being implemented along those tracks and extending out to the Beeline Highway and crossings were being added at Beeline Highway and Military Trail, Jog Road and Northlake Boulevard and Beeline Highway to that study. Councilmember Jablin reported he had learned from Steve Tendrich that Chatsworth from Devonshire had been CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/18/06 recognized with a gold seal qualification, awarded to only 16 out of 600 skilled nursing care facilities. Mayor Russo reported Frenchman's Creek was very concerned about the double tracking and the possibility of roads being blocked. It was confirmed that the City had already allotted funds for quiet zones and the City was checking on sound mitigation from the double tracking. Mayor Russo gave a condensed five- minute version of the State of the City report that had been provided to the business community, which highlighted the accomplishments of the past year, including information that the legislature in Tallahassee had approved locating Scripps at Jupiter /Abacoa and Palm Beach Gardens /Briger Tract. CITY MANAGER REPORT: Update on Bio 2006 — Dolores Key, Economic Development and Marketing Director, presented a review of staff's trip to Chicago to attend this bioscience event, presented the packages sent to the business communities to provide sponsorships, and reported close to $30,000 had been raised. Councilmember Jablin reported he had attended with the staff, and the City's booth had been outstanding, and there had been a lot of interest since Scripps was locating here. Florida Auditor General Financial Assessment - Finance Administrator Allan Owens provided the updated assessment information which compared the City's data with other Florida Cities and provided a 5 -year trend analysis. Mr. Owens reviewed financial indicators over the 5 -year period, and announced the complete report was available in his office to anyone who would like to review it. Discussion ensued regarding the population number for the City. COMMENTS FROM THE PUBLIC: Steve Martino, Sandalwood, expressed his opinion that the criticism of the City by Sandalwood residents was somewhat misdirected, that he appreciated their efforts regarding break -ins, and recommended doing away with the air conditioning skirts. The City Manager indicated staff was working with the homeowners association. Vito DeFrancesco, Shady Lakes, reported he had previously informed the City Council he felt his rights had been violated in the Borland project process, and read from the response from the City that the Growth Management Director had complete authority to interpret the provisions of the code. Mr. DeFrancesco expressed his opinion that interpretation by only one person was not good, could create a perception something was amiss, and reported instances where he felt the code had not been followed. Lauren Furtado, Crestdale Street, expressed her opinion something needed to be done about the golf course; and commented the City was so lucky to have good staff and they were to be commended, and she would put that in writing. Ms. Furtado noted the City had been able to obtain many things from waivers and they were good as long as the City benefited from a waiver. Ms. Furtado commented she would not have been in favor of the Landmark, commented on other tall buildings that were already built, and asked for an overlay so that in the future residents' fears would be relieved that a tall building might be possible in their back yard. Carol Estrada, Riverside Drive, reported a comment had been made at a previous meeting that no residents had been against the Landmark, but there had been residents who opposed the Landmark. 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: Pa CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/18/06 a. Approve Minutes from the April 20, 2006 regular City Council meeting. b. Resolution 50, 2006 - Financial Assistance Agreement with Palm Beach County for median beautification. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Amendment to the Financial Assistance Agreement with Palm Beach County for median beautification on Northlake Boulevard and Military Trail as part of the Only Trees, Irrigation, and Sod Program; and providing an effective date. c. Resolution 52, 2006 - Interlocal Agreement with Palm Beach County. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Interlocal Agreement with Palm Beach County to provide swim lessons as part of the Drowning Prevention Coalition's Learn to Swim Program; and providing an effective date. d. Proclamation - Declaring the week of May 21 -27, 2006 as National Public Works Week. PUBLIC HEARINGS: Part I — Quasi - judicial - Mayor Russo announced the procedures that would be followed in tonight's quasi - judicial hearing. The City Clerk swore in all those intending to offer testimony in tonight's cases. Resolution 44, 2006 — Approving the site plan for Gardens Pointe. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the site plan for 214 residential condominium high -rise units within two twelve -story towers and 26 townhouse units on a 6.64 -acre site located at the Northwest corner of Kyoto Gardens Drive and Fairchild Gardens Avenue within the Regional Center Development of Regional Impact (DRI), as more particularly described herein; providing for conditions of approval; providing for waivers; amending the MacArthur Center signage program (Resolution 64, 1998); and providing an effective date. City Attorney Tatum advised this was a continuation of a public hearing from April 20, 2006 and that all of the testimony and comments made then were a part of the record tonight. The City Clerk read Resolution 44, 2006 by title. Mayor Russo declared the public hearing open, and called for ex -parte communication since the last hearing. Vice Mayor Barnett reported speaking with Eileen Tucker and Paul Auerbach, as well as many people who had expressed their opinion to her whose names she did not know. Councilmember Levy reported discussing renderings and building issues with Dodi Glas, and speaking with John Gary, Jack McDonald, Roma Joseph, Bob Fink, Don Hearing, Doug Davenport, Lauren Furtado, and Suzanne Carlisle regarding this project, and receiving and responding to a -mails from Steve Tarr and William Lothmath. Councilmember Valeche reported he had spoken to Roma Joseph and Erwin Melcher. Councilmember Jablin reported he had spoken to John Gary, Lauren Furtado, and John Sapo. Mayor Russo reported he spoke to John Gary and Eileen Tucker. John Gary submitted copies of letters for the record. Dodi Glas provided a presentation on behalf of the petitioner, highlighting information added since the last meeting. John Gary presented documents for the record: Resolution 105, 2004; updated City staff report for tonight and the application; letters in support of the project from Westport, Menin Corporation, Sid Forbes, Seacoast National Bank, Sembler Company, and the Gosman Building and Grand Building property managers; a disk from the June 17, 2004 hearing; staff report for Resolution 196, 2003 and the accompanying resolution; excerpts from the 1983 ADA; all staff files on the Gardens Pointe application; and all other approvals for Developments of Regional Impact inside the mall. Mayor Russo called for public comment. Dr. Robert Davis indicated he did not want other high -rise buildings located 3 CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/18/06 outside the area proposed for this project, and questioned whether the code might need changing so that so many waivers would not be needed, and suggested smaller buildings. Gerald Justine, Hazel Avenue, commented the City Council had reviewed all projects over the years and had done what was best for the City, and he had not heard any of his neighbor's voice disapproval of buildings that had been built. Mr. Justine expressed his opinion this project would fit nicely into the downtown area. Eileen Tucker, Shady Lakes, read a letter she had e- mailed to Council members suggesting items of importance be early on the agenda, and stating her position against waivers. Ms. Tucker suggested the PGA Corridor Coalition be able to meet with staff to provide them with another point of view regarding projects, and stated she would like to know who wanted all this development, which she felt benefited only the developers. Irma Jarvis, Cherry Street, expressed concern regarding housing congestion, fire protection, police costs, and increased traffic. Fire Chief Bergel explained how fires were fought in high rise buildings. Mayor Russo noted taxes received would far exceed costs, and the project had received traffic concurrency. Vito DeFrancesco, Shady Lakes, added that a -mails had not been noted in ex -parte except by Councilmember Levy, and commented the underlying zoning was why waivers were required. City Attorney Tatum advised all e -mails to Council at their City address were included in the documents that were produced. John Romaine, Evergreen resident and business owner in Downtown at the Gardens, expressed approval for the project. Joan Elias, Diamond Head Way, expressed her support for the project. Mayor Russo noted a person had handed him a card and left, which he could not read because the person would not be available for cross examination. Paul Auerbach, Gardens of Woodberry, spoke against the project as a resident and as a representative of the PGA Residents' Coalition. Joel Channing, former Planning & Zoning Board member, reported he had fought the Landmark project, and high rise buildings would change the character of the City, but this was already surrounded by taller buildings, and Mr. Channing requested if this was approved that an overlay be established. Joseph Nasuti, St. Pietro Circle, Harbor Oaks, a Coulter project, noted residents in his community were dissatisfied, and suggested that a full -time City inspector watch every phase of this development. Amir Kanel was sworn in, and expressed support for the project, but expressed his opinion that this area only, should be designated for high rise buildings. Councilmember Levy expressed his opinion that the City was not receiving enough benefits, and asked the applicant to consider funding a transit system study for this area. Discussion ensued. Councilmember Valeche and Mayor Russo expressed opposition to Councilmember Levy's proposal. Hearing no further comments from the public, Mayor Russo declared the public hearing closed, and asked the Council to continue their discussion. Vice Mayor Barnett commented she would not sell the skyline for two trolleys. Councilmember Jablin expressed his opinion that the matter of granting waivers for building heights should be addressed and the area where high rise building is allowed should be codified. Mayor Russo expressed concern regarding setting precedent. Vice Mayor Barnett expressed her opinion that the applicant had not provided enough community benefits to warrant the requested waivers. Councilmember Valeche expressed his opinion that any community development should be directly associated with the project. Councilmember Levy expressed his position that this project would be directly affected by a public transit system. John Sapo, Cotleur Communities, indicated Cotleur would be willing to enter into an agreement to provide up to $500,000 to do a test program as an additional public benefit for the waivers. Councilmember Jablin moved approval of Resolution 44, 2006. Councilmember Levy moved to add an amendment to Resolution 44, 2006 to add a condition to have the applicant fund a 4 CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/18/06 trial pilot transit program with the dollar amount not to exceed $500,000. Councilmember Jablin seconded Councilmember Levy's substitute motion. Discussion ensued regarding what would happen if a transit system was never developed. Councilmember Levy stated he would agree to starting a transit system and /or affordable housing. Councilmember Jablin stated he would second that substitute motion. Mr. Sapo stated, for the record, the applicant would agree to a condition to fund a pilot transit program or if the City elected not to do that to make the funds available for an affordable housing fund. The City Attorney read into the record, additional condition of approval number 50: The applicant shall within 45 days of the date of this development order enter into an agreement with the City to provide $500,000 funding for the creation and operation of a City transit program, and /or for an affordable housing program. This agreement shall be in a form acceptable to the City Attorney. Councilmember Levy and Councilmember Jablin withdrew their motions. Councilmember Jablin made a motion to approve Resolution 44, 2006 with condition 50 added into the development order as read into the record by the City Attorney. Councilmember Levy seconded the motion, which carried by 3 -2 vote, with Vice Mayor Barnett and Councilmember Valeche opposed. Mayor Russo called for developing a process to protect against other high rise buildings; Councilmember Levy advised he would not vote for another residential high rise. Part II — Non -Quasi judicial Ordinance 14, 2006 — (2nd reading and adoption) Amending the City of Palm Beach Gardens' budget for fiscal year 2005/2006. 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, 2005, and ending September 30, 2006, inclusive; and providing an effective date. The City Clerk read Ordinance 14, 2006 by title only on second reading. The Deputy Finance Administrator provided a presentation. Councilmember Jablin made a motion to adopt Ordinance 14, 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 Valeche distributed copies of a resolution he had presented in January and advised he had since added an 8% cap following the workshop on this matter. Councilmember Valeche felt this would put the budget on a more business like basis. Discussion ensued. The present budget process was discussed. Councilmember Levy suggested a range instead of a set cap and that it be a recommendation. The resolution did not have the support to be placed on an agenda. Councilmember Jablin requested a proclamation be done for Chatsworth, and Mayor Russo commented a picture would be taken. Councilmember Jablin noted there was $809,000 which was supposed to enhance the City Hall Park, and asked for a phase -in plan for those funds. Mayor Russo requested a design plan be brought back for discussion. Councilmember Jablin suggested the City fund a reception for Scripps and invite all the Cities and Scripps, and get private sponsorship for it. John Channing had called him the previous day stating he would like to fund a party for Scripps, in their honor. Mayor Russo suggested doing it around the ground breaking in October, and that the Councilmembers who had not been there go on a trip to Scripps. 5 CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/18/06 ADJOURNMENT There being no further business o discuss, the e ing wa adjourned at 10:36 p.m. APPROVAL: ss YOR RUSSO COUN LMEMBER VY C UNCILMEMBER VALECHE ATTEST: PATRICIA SNIDER, CMC CITY CLERK