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HomeMy WebLinkAboutMinutes Council 050400CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING May 4, 2000 The May 4, 2000, 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; and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember David Clark, Councilmember Lauren Furtado, and Councilmember Carl Sabatello. ANNOUNCEMENTS: Mayor Russo thanked the residents of Frenchman's Creek for their donation of a van to the City, and a check for $13,000 to outfit the van for handicap and wheel access. REORDER AGENDA: Councilwoman Furtado made a motion to reorder the agenda to place comments regarding Fairwinds immediately following the Consent Agenda and before the public hearings. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. PRESENTATIONS: Teamwork Awards - Teamwork Awards were presented to City employees Lynda Wiles, Holmer Gamroth and Chuck Miserendino. Transportation Task Force Study - Growth Management Director Roxanne Manning introduced participants in the task force, described the work that had been undertaken, indicated that the intent was to provide quality transportation for all residents, and defined the study area. The study indicated that traffic impact fees from development would be $22.2 million in road impact fees alone. Consultant Tim Jackson reviewed roadway traffic volumes, strategies to move vehicles and people, recommendations for CRALLS designations, and use of traffic impact fees. Staff responded to questions from the City Council. Palm Beach County Traffic Engineer George Webb provided information regarding capacities at and beyond 2006. Discussion ensued. County Commissioner Karen Marcus made comments. Mayor Russo stressed that now was the time to find out and put into place anything that should be done for the future, and Councilwoman Furtado suggested sharing the report with neighboring communities so that the cities could work together in order to consider the big picture. Mayor Russo requested information on what was planned for Burns Road and the traffic conditions in the year 2010, and thanked all of the parties who had participated in the study. Auditor's Report - Consultant Ed Holt with Nolen, Holt & Miner reviewed the City's comprehensive annual report for the fiscal year ended September 30, 1999, which indicated a good financial position for the City. CITY MANAGER REPORT: Construction Manager Ray Casto reported that during the past month the contractor had completely demolished the old building, hauled dirt away, and increased the size of the pond. Parking is anticipated to be finished by July 4 and the air conditioner noise in the City Council Chambers had been greatly reduced. Building Official Jack Hansen reported another attempt would be made to CITY COUNCIL REGULAR MEETING, 5/4/2000 2 place the wood laminating on the dais over the weekend, and if it did not work his recommendation was to scrap the dais and start over. PUBLIC INFORMATION REPORT: Assistant to the City Manager Public Information Officer Beth Ingold -Love reviewed the Public Information report, and advised that requests had been received to include proclamations for items such as 50th wedding anniversaries, etc., in City Council packets. It was the consensus of the City Council to look into criteria used by other cities for these types of proclamations. GROWTH MANAGEMENT REPORT: Guidance for an appropriate number of continuances for projects was requested. Consensus of the City Council was to limit projects to two continuances. COMMENTS FROM THE PUBLIC: Bob Kaplan - Mr. Kaplan requested that a time be considered after which an agenda item would not be removed. Mayor Russo commented that the agenda would be on the City's website so that residents could check. Councilman Sabatello requested that a phone message be established so that residents could call and hear meeting agendas. Roger Blangy, Garden Woods - Mr. Blangy expressed concern and frustration on behalf of Garden Woods residents regarding the delay in installing sewer and drainage lines, questioned why the lines could not be installed simultaneously to shorten the time the roads would be torn up. Mayor Russo requested the City Manager report to the City Council and to Mr. Blangy on this matter. CONSENT AGENDA: Councilman Clark moved approval of the Consent Agenda. Councilwoman Furtado seconded the motion, which carried by unanimous 5 -0 vote. The following items were approved on the Consent Agenda: 1. Consideration of approving Minutes from the April 6, 2000 Regular City Council Meeting. 2. Consideration of rejecting Bid for Professional Planning Services. 3. Consideration of awarding Bid for Municipal Complex Ball Field Irrigation Pump. 4. Consideration of rejecting Bids for Document Imaging Services. PUBLIC HEARINGS: Ordinance 7, 2000 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 7, 2000 - Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Ordinance 8, 1989 to allow for the construction of an entry gate located in the Fairwinds Avenue right -of -way just south of the entrances to Parcels 8A, 8B and 10 within BallenIsles Planned Community District, and Providing for an Effective Date, duly advertised, continued from Regular Meetings of 3/2/2000 and 4/6/2000 for Consideration of Second Reading and Adoption. Principal Planner Jim Norquest reported that a number of residents were opposed to the petition and that 16 letters in favor of the petition had been received. Henry Skokowski spoke on behalf of the petitioner. Cyrus Hornsby, 103 St. Edward Place; Bill DeMaria, 125 St. Edward Place; Paul Gregory, 126 St. Edward Place, and Dr. Michael Fronstin, 104 St. Edward Place, all spoke on behalf of residents of St. Edwards, and indicated they were not in favor of the project. Roma K. Josephs, 323 Sunset Bay Lane, spoke as President of the BallenIsles Homeowners Association and indicated the majority of residents in BallenIsles wanted the community to remain one community without an area being cut off, and reported that at their March 6, 2000 meeting the Homeowners Association had voted unanimously to oppose the gate. Joel Margolies, 311 Grand Key Drive, spoke in favor of the gate and stated he would not have purchased his property if he thought the gates would not be installed. Bob Kaplan, 102 Windward Drive, spoke against the gate. CITY COUNCIL REGULAR MEETING, 5/4/2000 3 John Tiffany, BallenIsles representative, commented that many misstatements had been made at this meeting and provided clarification. Roy Davidson, Developer, clarified that prospective residents would not know the product type or amenities at time of purchase. City Council members stated their position. Mayor Russo requested that developers not place the City Council in this position in the future. Councilman Clark made a motion that Ordinance 7, 2000 be placed on Second Reading by title only and approved. Vice Mayor Jablin seconded the motion, which carried by 3 -2 vote with Mayor Russo and Councilwoman Furtado opposed. The City Clerk read Ordinance 7, 2000 on Second Reading by Title Only. Vice Mayor Jablin made a motion to reconsider Ordinance 7, 2000. Councilwoman Furtado seconded the motion, which carried by unanimous 5 -0 vote. Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion that Ordinance 7, 2000 be placed on Second Reading by title only and approved. Vice Mayor Jablin seconded the motion, which carried by 3 -2 vote with Mayor Russo and Councilwoman Furtado opposed. The City Clerk read Ordinance 7, 2000 on Second Reading by Title Only. Ordinance 11, 1999 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 11, 1999 - Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the existing Planned Unit Development known as City Centre, located at the intersection of PGA Boulevard and U.S. Highway One on the south side of PGA Boulevard; to amend Ordinance 15, 1997 to revise the approved Master Plan for Parcel F; to reduce the building height from 11 stories to 6; to slightly change the design of the building; to revise the parking area around the building; to eliminate the right turn only exit onto Ellison Wilson Road; to add two drive- through lanes; to reduce the size of the parking garage; to revise the approved landscape plan; to revise the approved Master Phasing Plan; to revise the approved elevations; to revise the approved floor plans; and to revise the approved parking garage plans; providing for conditions of approval, providing for an effective date, duly advertised; approved on first reading February 18, 1999, for Consideration of Second Reading and Adoption. Councilman Clark made a motion to continue consideration of Ordinance 11, 1999 to the June 1, 2000, City Council meeting. Councilwoman Furtado seconded the motion, which carried by unanimous 4 -0 vote. Ordinance 4, 2000 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 4, 2000 - Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of the application of Forest Lake Associates, L.C. for rezoning of 64.47 acres of land, located at the northwest corner of the intersection of Central Boulevard and Hood Road and more particularly described herein, from Planned Development Area (PDA) to Residential Low Density 3 (RL -3) with a Planned Unit Development (PUD) overlay in order to construct 91 single family homes; providing for waivers; providing for conditions of approval, and providing for effective date, duly advertised and continued from Regular Meetings 3/2/00, 3/16/00 and 4/6/00, for Consideration of Second Reading and Adoption. Principal Planner Jim Norquest reviewed the project. Henry Skokowski spoke on behalf of the petitioner. Attorney Bill Boose spoke regarding condition 18. Discussion ensued. Hearing no comments from the public, Mayor Russo declared the public hearing closed. CITY COUNCIL REGULAR MEETING, 5/4/2000 4 Councilwoman Furtado made a motion to deny Ordinance 4, 2000. Councilman Sabatello seconded the motion. Motion carried 3 -2 with Councilman Clark and Councilman Jablin opposed. Ordinance 10, 2000 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 10, 2000 - Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from AGLP Investments No. 2 L.P. for an amendment of a previously approved Planned Unit Development by approving the addition of a 25,000 square foot retail space and an 8,115 square foot restaurant located at the northwest corner of PGA Boulevard and Interstate Highway 95, as more particularly described herein; providing for conditions of approval; providing for waivers, providing for severability, providing for conflicts, and providing for an effective date, duly advertised; approved on first reading 4/6/00, for Consideration of Second Reading and Adoption. Henry Skokowski spoke on behalf of the petitioner. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilwoman Furtado moved approval of Ordinance 10, 2000 on second and final reading by title only with conditions and waivers. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. City Clerk Carol Gold read Ordinance 10, 2000 by title only on second and final reading. Ordinance 13, 2000 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 13, 2000 - Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens, providing for rezoning of 2.59 acres of land located at the northeast and northwest corners of Military Trail and Northlake Boulevard; more particularly described herein; to General Commercial (CG -1) District; and providing for an effective date; approved on first reading April 6, 2000, for consideration of Second Reading and Adoption. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark moved approval of Ordinance 13, 2000 on Second reading by title only and approved. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 13, 2000 by title only on second and final reading. RESOLUTIONS: Resolution 26, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Providing for Approval of a Master Site Plan of Development for a Multi -Use Project with a total of 179,070 square feet and consisting of a Bank (3,420 square feet), Hotel (76,650 square feet), two Office Buildings (49,000 square feet), and two Retail Buildings (50,000 square feet), and for three waivers to allow the Use of Specialty Pavers, Five Loading Spaces Instead of the Twelve Required by Code, and Reduce the Dimensions of Parking Stalls for the Hotel from (10 x 18.5) to (9 x 18.5) feet, located along PGA Boulevard within the Regional Center DRI and PCD, and as more particularly described herein; Providing for Conditions of Approval; and Providing for an Effective Date. Growth Management Director Roxanne Manning presented the project. Henry Skokowski spoke on behalf of the petitioner. Ms. Manning explained that language in Condition 9 had been changed to allow up to 20,000 square feet of general medical office use in building one or building two so long as certain conditions were met. Councilman Clark made a motion to approve Resolution 26, 2000 with the changed Condition 9 as provided by staff. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. CITY COUNCIL REGULAR MEETING, 5/4/2000 5 ORDINANCES: Ordinance 12, 2000 - Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens amending Chapter 2 of the City's Code of Ordinances entitled "Administration, " Article IV entitled "Code Enforcement," by providing for Code Enforcement proceedings to be conducted by a Special Master; repealing Section 2 -186 entitled "Definitions;" amending Section 2 -187 entitled "Declaration of Legislative Intent;" amending Section 2 -187 entitled "Jurisdiction;" repealing Division 2 of Article IV entitled "Code Enforcement Board" and replacing it with a new Division 2 entitled "Special Master;" amending Division 3 of Article IV entitled "Procedure for Enforcement of the Code Enforcement Board;" adding Section 2 -242 entitled "Procedure for Reduction of Fines and Liens;" amending Section 2 -261 entitled "Issuance of Citation." Growth Management Director Roxanne Manning expressed staff support for Ordinance 12, 2000. Councilman Clark made a motion to place Ordinance 12, 1000 on First Reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 12, 2000 on First Reading by title only. ITEMS OF COUNCIL ACTION: Advisory Board Liaison Appointments — Assistant to the City Manager Public Information Officer Beth Ingold -Love presented the proposed appointments. Mayor Russo said that not all boards had been included. The members of the City Council agreed to continue in their present liaison positions. Ms. Ingold -Love was requested to bring back a complete list reflecting the correct liaisons. ITEMS FOR DISCUSSION Draft of Proposed Letter to Governor Bush from Education Advisory Board - It was the consensus of the City Council to send the letter. CITY ATTORNEY REPORT Consideration of Workers' Compensation Claim Settlement - City Attorney Andrew Pineiro reviewed the proposed settlement in the case of Lois Donaldson. Councilman Clark made a motion to approve the proposed settlement. Councilwoman Furtado seconded the motion, which carried by unanimous 5 -0 vote. ITEMS AND REPORTS BY MAYOR AND COUNCIL: Councilmember Clark- Councilmember Clark reported the second quarterly meeting of the Intergovernmental Forum had lacked a quorum, but that upcoming issues should bring a quorum to the next meeting. Councilwoman Furtado - Councilwoman Furtado expressed concern regarding increasing traffic at the commerce park and city park; reported that FDOT had indicated it was possible to place a light at that location; that the required criteria had been met; and therefore requested that the City petition for a light at that intersection. Vice Mayor Jablin - Vice Mayor Jablin reported from a meeting with FDOT and the County that the turnpike interchange was planned to be at Ryder Cup and Beeline. Mayor Russo requested that future meetings be discussed ahead of time as well as after the fact so that everyone would know what meetings were about and could make every effort to attend. CITY COUNCIL REGULAR MEETING, 5/4/2000 g Mayor Russo - Mayor Russo reported the Economic Advisory Group had met but there had been low attendance, and that the next meeting would be in September with an aggressive effort made to bring business to the City. Mayor Russo reported he, the City Manager, and City Staff had met with the Chamber of Commerce to try to meet their goals for Arti Gras and find a suitable site. Mayor Russo reported that Chamber of Commerce Director Dave Talley had announced his resignation. ADJOURNMENT There being no further business to discuss, upon motion by Vice Mayor Jablin, seconded by Councilman Clark, carried 5 -0, the meeting was adjourned at 11:15 p.m. APPROVAL: M , JOSEPH R. RUSSO 1 4s'r05 VICE MAYOR ERIC jAkLIN MAYOR PRO TE ARL SABATELLO COUNCILMAN DAVID CLARK �_ j> COUNCILWOMAN LAUREN FORTADO ATTEST: CAROL GOLD CITY CLERK