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HomeMy WebLinkAboutMinutes Council 061500CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING June 15, 2000 The June 15, 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, Councilmember David Clark, Councilmember Lauren Furtado, and Councilmember Carl Sabatello. Vice Mayor Eric Jablin was absent from the meeting. CITY MANAGER REPORT: Construction Update - Building Official Jack Hansen provided an update on the progress achieved to date on various remaining construction items, as well as anticipated installation and completion dates. Growth Management Report - Growth Management Director Roxanne Manning reported on the proposed drainage review process, and made a recommendation to hire Glenn Miller as the engineer to initiate the process. The scope of the work proposed was for drainage units 2 and 19, and Ms. Manning was directed to report the cost as soon as it was known. Ms. Manning reported work had been initiated on a followup forum for planning in Northern Palm Beach County with focus on transportation. Councilwoman Furtado announced tentative forum dates of September 22 and 23, and reported that neighboring municipalities were enthusiastic. Mayor Russo requested an update on the City's traffic improvement activities at the next City Council meeting, so that this information could be presented to the County Commission, and requested the results of the 2010 model run before the County Commission meeting on July 12. Canal Maintenance - Public Works Director Bob Patty reviewed work to date and reported work that had been started in each area would be completed before moving on, to save money and to lessen disruption time to the residents. The dragline would be working on the Earman River Canal from Lighthouse Drive to Cypress June 19 to August 4, and final grade from Begonia to Cypress from June 19 to August 1. Final grade on the rest of the Earman was scheduled from August 21 and September 29, which would complete the Earman River work. The Thompson River canal from the bridge to the end of the apartments would be complete by July 14. The linear section just above the apartments up to Buckeye was scheduled for completion July 25 to August 31. The Thompson Canal work from the bridge north on Dogwood would be done July 1 to September 30. Thompson Canal from Holly Drive Bridge to Lighthouse Drive bridge section was scheduled for the first quarter of the next fiscal year. Work on the remainder of the Thompson River canal was proposed for the second and third budget years of the project. Holly Drive Drainage Project - Engineer Dan Clark reported work was expected to begin the first part of August. The work had been divided into two portions. St. Ignatius Church was still working to define their needs. Work was anticipated to be completed 90 days after materials were received. Councilman Sabatello suggested that St. Ignatius build to the maximum; however cost was a factor. CITY COUNCIL REGULAR MEETING, 6/15/2000 2 PGA Flyover - Finance Director Kent Olson reviewed dates that money would be needed for various proposed amenities, and explained that a total of $4.2 million would be needed from the City. Possible grants totaling $2 million were reported. Funding would come from a special assessment area of businesses that would benefit from the flyover, and from a special district. Concern was expressed regarding making such a large commitment, and because the surrounding property owners and developers felt this would place an unfair burden upon them. Discussion ensued. It was the consensus of the City Council to bring this item back in two weeks for a decision regarding which portions of the plan should be deleted. PGA National Golf Club North Drainage - City Engineer Lennart Lindahl reviewed resident Richard Orman's comments from the last City Council meeting regarding canal maintenance, concern over the draw down in the upper reaches of the Thompson River located upstream from the second control structure, the need to paint the bridges, and street flooding. Mr. Lindahl explained that Mr. Orman planned to meet with other residents regarding the possibility of a special assessment for funding a canal maintenance and resectioning program, that the City would look into re- activating the back pump at the upper control structure during drought periods, that the bridges had been added to the schedule for painting, and that a control structure which had been adjusted by Northern Palm Beach Improvement District as well as the maintenance and resectioning program would help prevent the street flooding. COMMENTS FROM THE PUBLIC: Teresa Boyda, 4105 Tanglewood South #567, reported recent fires in the apartment complex, and her actions regarding health and safety issues in her apartment, and lack of response from the apartment complex management Fire Chief Pete Bergel reported inspection of buildings in the complex was currently being conducted by the Fire Department to address these issues, and that a report would be provided to the City Manager the next day with recommendations for solution. The City Manager reported that aggressive action within legal parameters would be taken to correct the deficiencies. CONSENT AGENDA: Councilman Clark moved approval of the Consent Agenda. Councilwoman Furtado seconded the motion, which carried by unanimous 4 -0 vote. The following items were approved on the Consent Agenda: 1. Consideration of approving Minutes from the May 18, 2000 Regular City Council Meeting. 2. Consideration of approving The Oaks Center Plat. 3. Consideration of awarding the bid for Economic Development Administration Grant Projects 1. Alamanda Drive Canal Erosion Control 2. Sandalwood Estates Canal Erosion Control PUBLIC HEARINGS: Ordinance 14, 1999 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 14, 1999 - Admiralty II PUD - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, Providing for the Approval of the Application of Palm Beach Hotel and Office Building Limited Partnership for an Amendment of a Previously Approved Planned Unit Development Located at the Southwest Corner of PGA Boulevard and Interstate Highway 95, more particularly described herein, by Approving an Increase in Square Footage in the Phase 2 Office Building from 82,265 to 82,389 and a reduction in CITY COUNCIL REGULAR MEETING, 6/15/2000 3 Height from Ten Stories to Five Stories, and Allowing the Permitted Phase 2 Parking Structure to have an Optional Third Floor; Providing for Waivers; Providing for Severability; Providing for Conflicts; and Providing for an Effective Date - duly advertised and continued from 5/18/2000, for consideration of Second Reading and Adoption. Principal Planner Jim Norquest reviewed the petition and revisions by the applicant; presented a letter from Tanglewood that stated they would not oppose a one -way connection to the property, and presented a revised condition of approval. Al Malefatto, agent for the petitioner, introduced others present on behalf of the petitioner, and stated petitioner agreed with the revised conditions of approval. Attorney John Gary, representative for the owners of the adjacent Tanglewood property, requested that one -way vehicular traffic be limited to cars and vans, and agreed that the limitation be effective with the proposed redevelopment of Tanglewood. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Furtado made a motion to approve Ordinance 14, 2000 as amended, upon Second Reading by title only. Motion was seconded by Councilman Sabatello and carried by unanimous 3 -0 vote. The City Clerk read Ordinance 14, 2000 on Second Reading by title only. John Gary stated that he had requested an amendment to the revised condition of the Ordinance to say that the one -way traffic was limited to automobiles and vans and would become operative with the redevelopment of the Tanglewood project Ms. Manning stated staff felt strongly that this amendment needed to be considered when application was made for the apartment project, with which the City Council also agreed. Petitioner Al Malefatto indicated no opposition to the amendment limiting one -way traffic to automobiles and vans, to be effective with the redevelopment of the Tanglewood project. Ordinance 11, 1999 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 11, 1999 - 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 waivers; providing for severability; providing for conflicts; and providing for an effective date, duly advertised; continued from 5/4/00; for Consideration of Second Reading and Adoption. Principal Planner Jim Norquest reviewed the request, noted changes since first reading, and explained that three signs of the four requested would require waivers. Ed Oliver, agent for the petitioner, introduced others present on behalf of the petitioner, presented the petition, and requested the changes made since first reading and waivers. Following discussion of requested signage waivers; a compromise was reached to allow two building identification signs and one tenant sign on the northeast side. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Furtado made a motion to place Ordinance 11, 1999 on Second Reading by Title Only and adoption with the Ordinance CITY COUNCIL REGULAR MEETING, 6/15/2000 4 amended in Section 3 to reflect the signage compromise and waiver 2 amended to reflect one tenant sign at the northeast entrance. Councilman Sabatello seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 11, 1999 on Second Reading by Title Only. Resolution 47, 2000 - Mayor Russo declared the public hearing open, held on the intent of Resolution 47, 2000 - 2700 PGA Boulevard Sign Variance - Consideration of a request for a variance from ground sign setback and frontage requirements, duly advertised. Councilman Clark moved to continue Resolution 47, 2000 to the June 29, 2000 City Council meeting. Councilwoman Furtado seconded the motion, which carried by unanimous 3 -0 vote. RESOLUTIONS: Resolution 49, 2000 - Staff presented Resolution 49, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Authorizing the Acquisition of right -of -way along Burns Road and the filing of Eminent Domain proceedings; and providing for an effective date. Councilman Clark made a motion to approve Resolution 49, 2000. Councilwoman Furtado seconded the motion, which carried by unanimous 4 -0 vote. ORDINANCES: Ordinance 17, 2000 - Principal Planner Steve Cramer presented Ordinance 17, 2000 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, Enacting New Land Development Regulations in the Code of Ordinances for the City of Palm Beach Gardens; repealing Chapter 78, General Provisions; repealing Chapter 82, Administration; repealing Chapter 90, Concurrency Management System; repealing Chapter 94, Excavation and Fill Regulations; repealing Chapter 98, Landscaping and Vegetation Protection; repealing Chapter 102, Natural resources and Environmentally Sensitive Lands; repealing Chapter 106, Public Places; repealing Chapter 110, Signs; repealing Chapter 114, Subdivisions; repealing Chapter 118, Zoning; adopting a new Chapter 78, entitled Land Development Regulations, that provides for General Provisions, Review and Decision - Making Authority, Development Review Procedures, Zoning Districts, Supplementary District Regulations, Violations and Enforcement, and Definitions; providing for severability; providing for codification; providing for conflicts; and providing for an effecting date, for consideration of First Reading. Consultant Marty Hodgkins reviewed proposed major changes to the code, which included allowing a currency application to be submitted with a development application but no formal processing of the application until the concurrency had been approved. Other proposed items highlighted were that sign plans could be submitted separately as part of a miscellaneous review process; establishment of guidelines and criteria for judging waivers; uses not listed in the code would be provided in writing to the City Council; limiting the number of clients per day to home businesses; allowing single entity retail uses in certain circumstances within the PGA corridor; providing for reduction in size for certain types parking spaces; and that if a development wished to provide additional parking they must also provide additional open space. Following discussion regarding the mixed use overlay district, staff volunteered to provide a report on this issue before second reading. Establishment of enhanced land values for environmentally sensitive land mitigation was requested. Councilman Clark made a motion to place Resolution 17, 2000 on First Reading by Title Only. Councilwoman Furtado seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 17, 2000 on First Reading by Title Only. ITEMS FOR COUNCIL ACTION: Consideration of extending Health Insurance Contract with Blue Cross - Councilman Clark made CITY COUNCIL REGULAR MEETING, 6/15/2000 5 a motion to approve extending the contract with Blue Cross through September 30, 2001. Councilwoman Furtado seconded the motion, which carried by unanimous 4 -0 vote. Consideration of amending the Contract with Duncan & Associates to Add Road Impact Fee Study - Councilwoman Furtado made a motion to approve staff recommendation to amend the contract with Duncan & Associates to add Road Impact Fee Study. Councilman Clark seconded the motion, which carried by unanimous 4 -0 vote. Consideration of approving the replacement of existing transfer switch without bypass to an Automatic Transfer Switch with Manual Bypass by Fisk Electric - Ernie Carr presented the request. Councilman Clark made a motion to approve the staff recommendation to approve the replacement of existing transfer switch without bypass to an automatic transfer switch with manual bypass by Fisk Electric. Councilwoman Furtado seconded the motion, which carried by unanimous 4 -0 vote. ITEMS FOR DISCUSSION: Councilwoman Furtado - Councilwoman Furtado announced that she would be sharing with staff paperwork from the MPO meeting. Councilman Clark - Councilman Clark requested and received consensus of approval from the City Council for the Beautification and Environmental Committee to review public projects not reviewed by the Planning and Zoning Commission, such as medians, etc. Councilman Clark commented that a reporter had questioned the practice of the sign -in book at the City municipal complex. Discussion ensued during which staff reported the practice was legal, and City Council consensus was that they did not require a report from staff regarding this matter. Councilman Sabatello - Councilman Sabatello commented he would like to see maintenance to medians and right -of -ways rather than putting all available funds into the flyover, and noted that the flyover could be very nice without all of the beautification items on the plan. Mayor Russo - Mayor Russo reported he had attended the annual Chamber of Commerce function for all the municipalities, and had learned that other cities were not doing as much as this City. The Mayor thanked the City Manager and staff for all their work and assured them that the residents appreciated their efforts. Mayor Russo reported he had met with Commissioner Marcus regarding the Hood Road issue and that the Sanctuary residents would be kept involved in the system. A meeting had been held regarding the school sites, on which staff reported work was still in progress and that a report on the school sites and concurrency would be provided at the same time. CITY ATTORNEY REPORT: The City Attorney reported that the Vavrus case was proceeding to trial in July. ADDITIONAL COMMENT FROM THE PUBLIC: John Gary commented that developers were giving on many fronts, including road impact fees, and objected to an Ordinance proposed to be presented August 17 regarding the PGA flyover in which the developers would be taxed again. Mayor Russo expressed agreement, and assured Mr. Gary that direction on this issue would be considered at the next meeting. Councilwoman Furtado commented that she would look into the possibility that the State could help fund improvements to a local road that helped a State road, which could apply to Burns Road. Mr. Gary expressed his appreciation for help received from staff. CITY COUNCIL REGULAR MEETING, 6/15/2000 ADJOURNMENT APPROVAL: ATTEST: " CAROL GOL` D CITY CLERK There being no further business to discuss, upon motion by Councilwoman Furtado, seconded by Councilman Clark, carried 4- 0, the meeting yas adjou ed at 10:05 p.m. A¢Sv u t CHAIRMAN PRO TEM CARL SABATELLO A isscry COUNCILMAN DAVID CLARK CnVU _ COUNCILWOMAN LAUREN FURTADO