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HomeMy WebLinkAboutMinutes Council 062900CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING June 29, 2000 The June 29, 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 in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember David Clark, Councilmember Lauren Furtado, and Councilmember Carl Sabatello. CITY MANAGER REPORT: Budget Review - A power point presentation was made, highlighting the increases from the present budget to next year's proposed budget and breaking out committed and uncommitted costs. Mayor Russo requested a three -year projection of the tax situation and last year's projected increase, as well as a projection of assessed valuation increases. The difference that an average taxpayer and businesses would pay with straight millage versus addition of a utility tax was discussed, as well as the amount that would be paid with or without committed and uncommitted costs. Additional documentation on committed items was requested. Mayor Russo requested presentations for the residents at the meeting on July 18. Public Information Report - The Public Information Officer advised that the advisory board recognition had been set for September 27, reviewed additional updates not included in the report; and announced that invitations had been sent to residents regarding the July 18 meeting. Mayor Russo requested press from the local newspapers be contacted so that as many residents as possible could attend. 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, with 60 -90 days anticipated for completion of all items. Drainage Update - City Engineer Lindahl reported one item remained to be submitted to SFWMD on Unit 19. It was reported that Kolter had chosen not to proceed with acquisition of lands for a preserve area. It was the consensus of the City Council to send a letter asking Kolter to reconsider. The City Engineer reported that Northern Palm Beach Improvement District had completed the design for the east basin of Unit 2, and was currently working on the west basin design, completion of which was anticipated in 4 -6 weeks. Councilwoman Furtado reported residents in Westwood wished to thank the City for resolving their drainage issue. Glenn Miller of Miller Engineering reported two firms were under consideration for the Unit 19 improvement plan and estimated that his recommendation would be available July 5. Transportation Update - Growth Management Director Roxanne Manning reported staff was continuing to work with Palm Beach County staff and the consultants to refine the numbers in the transportation study; that the CRALLS application was proceeding through the process; and that a new version of the 2010 model with the new numbers would be presented when available. An initial CITY COUNCIL REGULAR MEETING, 6/29/2000 2 outline had been formulated for the transportation forum to be held in conjunction with neighboring communities, which was anticipated to be held during October. School Sites - Growth Management Director Roxanne Manning reported that staff had been meeting with the School Board staff on this issue in conjunction with the school concurrency study. It had been learned that a new elementary school was planned in the Abacoa Development, anticipated to handle Palm Beach Gardens' students. Ms. Manning reported that the proposed school in the Golf Digest development had not been included in the County's 5 -Year plan because they estimated it would not be needed for 5 -7 years, which the study currently in progress would confirm or deny. COMMENTS FROM THE PUBLIC: Jim Gregory, Lake Clark Shores resident, complimented the City on recreational activities provided for the children. Pat Hughey, 9120 Reed Drive, reported she and members of the Gardens Neighborhood Association, Joan Isles and Bill Ingram, wished to thank the City for their support and encouragement provided to the volunteers who served on this committee, and on behalf of the committee presented each member of the City Council with a tee shirt commemorating the history of the City and looking forward to the new millennium. The design for the tee shirt had been the winner in a contest sponsored by GNA. Proceeds from sale of the tee shirts would be used for projects within the City for Neighbors Helping Neighbors to meet common interest goals, and the shirts would be available for purchase at the July 18 meeting. A photograph was taken of the City Council with their tee shirts. Richard Orman, representing the PGA Golf Club Estates North Association, requested the City Council continue to scrutinize the proposed budge. Dr. Orman expressed his opinion that increased levels of service should not be funded until actually needed, that Growth Management needed the benefit of dollars since they would be bearing the brunt of the work, that ad valorem taxes should reflect the cost of services to residents, and that the requested utility tax should not be instituted. Mr. Orman requested a full balance sheet be presented at the July 18 meeting, and expressed his appreciation for the close scrutiny of the budget by the City Council. CONSENT AGENDA: Councilman Clark requested item (d) Consideration of awarding bid for Police Vehicle Painting be removed from the Consent Agenda. Councilman Clark moved approval of the remaining items on the Consent Agenda. Councilwoman Furtado seconded the motion, which carried by unanimous 3 -0 vote. The following items were approved on the Consent Agenda: 1. Consideration of approving Minutes from the June 1, 2000 Regular City Council Meeting. 2. Consideration of awarding bid for Riverside Community Center roof. 3. Consideration of awarding bid for Exterior Sign Program for Municipal Complex. Councilman Clark expressed his opinion that the police vehicles were highly visible and did not favor spending $20,000 painting them only to achieve uniformity. Discussion ensued. Direction to staff was to come back with a phasing plan so that any car to be retired within a year would not be repainted. PUBLIC HEARINGS: Ordinance 15, 2000 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 15, 2000 - PUD Amendment - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, Providing for the Approval of the Application from Cafe Chardonnay for the Addition of Outdoor Seating for the Restaurant Located within the Garden Square Shoppes at the Northwest CITY COUNCIL REGULAR MEETING, 6/29/2000 3 Corner of PGA Boulevard and Military Trail, as more particularly described herein; providing for conditions of approval; Providing for Severability; Providing for Conflicts; and Providing for an Effective Date - for consideration of Second Reading and Adoption. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark made a motion to approve Ordinance 15, 2000, upon Second Reading by title only. Motion was seconded by Vice Mayor Jablin and carried by unanimous 5 -0 vote. The City Clerk read Ordinance 15, 2000 on Second Reading by title only. Ordinance 16, 1999 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 16, 2000 - PUD Amendment - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, Providing for the Approval of the Application from Paddy Mac's for the Addition of Outdoor Seating for the Restaurant Located within the Garden Square Shoppes at the Northwest Corner of PGA Boulevard and Military Trail, as more particularly described herein; providing for conditions of approval; Providing for Severability; Providing for Conflicts; and Providing for an Effective Date - for consideration of Second Reading and Adoption. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark made a motion to approve Ordinance 16, 2000, upon Second Reading by title only. Motion was seconded by Vice Mayor Jablin and carried by unanimous 5 -0 vote. The City Clerk read Ordinance 16, 2000 on Second Reading by title only. Ordinance 18, 1999 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 18, 2000 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, Providing for the Approval of an Application from Nativity Lutheran Church, Inc. for approval of the Conditional Use of "Adult Day Care ", thereby permitting an Alzheimer's Adult Day Care Facility for up to 24 patients at Nativity Lutheran Church and School, located at the Northwest Corner of Holly Drive and Plant Drive, as more particularly described herein: Providing for Conditions of Approval; Providing for Conflicts; Providing for Severability; and Providing for an Effective Date - for consideration of Second Reading and Adoption. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark made a motion to approve Ordinance 18, 2000, upon Second Reading by title only. Motion was seconded by Vice Mayor Jablin and carried by unanimous 5 -0 vote. The City Clerk read Ordinance 18, 2000 on Second Reading by title only. Ordinance 19, 2000 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 19, 2000 - Art in Public Places - The Commons Parcel I - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of the Art in Public Places proposal for the Commons I Project located on south side of PGA Boulevard immediately east of its intersection with Avenue of the PGA, as originally approved by Ordinance 7, 1999; Providing for Severability; Providing for Conflicts; and Providing for an Effective Date - for consideration of Second Reading and Adoption. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark made a motion to approve Ordinance 19, 2000, upon Second Reading by title only. Motion was seconded by Vice Mayor Jablin and carried by unanimous 5 -0 vote. The City Clerk read Ordinance 19, 2000 on Second Reading by title only. CITY COUNCIL REGULAR MEETING, 6/29/2000 4 Resolution 47, 2000 - Mayor Russo declared the public hearing open, held on the intent of Resolution 47, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Granting Two Variances to the 15 -Foot Setback and 300 -Foot Frontage Requirements of Section 110 -36, Entitled "Ground Signs," of the City Code for an Existing Ground Sign located at 2700 PGA Boulevard; Providing for Repeal of Resolutions in Conflict; and Providing for an Effective Date - Continued from June 15, 2000 City Council Meeting. Steve Cramer, Principal Planner presented the petition. James Kireardon, Jr., President of Quentin Partners, Petitioner, described the request. The petitioner agreed to work with the City to re- design the sign. Hearing no comments from the public, Mayor Russo called for a motion to continue the public hearing. Vice Mayor Jablin made a motion to continue the public hearing for Resolution 47, 2000 to the August 17, 2000 City Council meeting. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. RESOLUTIONS: Resolution 50, 2000 - Staff presented Resolution 50, 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 an Office Development with a total of 46,000 square feet and consisting of a bank (4,000 square feet), Medical (10,800 square feet), and Professional Office (31,200 square feet) and for nine waivers and one amendment to allow the use of Specialty Pavers, Reduction in Size of Two Loading Spaces (12 x 25 feet), ATM Lane instead of Pass -By Lane, Increase of Height Limitation to 70.25 feet, two Additional Building Identification Signs on North Elevations for Both Buildings, two Tenant Signs for each Building, Reduction in the Side Setback Requirement for Building One, an Amendment to Resolution 64, 1998 to Relocate a Ground Sign to the Entrance of the Subject Site, which is within the Regional Center DRI and PCD along PGA Boulevard, and as more particularly described herein; providing for conditions of approval; and providing for an effective date. Dodi Glas, Urban Design Studio, agent for the petitioner, referred to three outstanding issues. Ms. Glas and explained the applicant would accept the City Council's direction regarding the southwest corner sign, requested that the construction material requirement be changed to allow both precast concrete and EFIS, and requested uplighting, pavers, and benches to enhance the landscaping. Discussion ensued. Applicant was requested to come back with samples of precast concrete and EFIS materials. Resolution 51, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Authorizing the Mayor and City Clerk to execute an Interlocal Agreement with Palm Beach County for Prosperity Farms Road Beautification; and Providing for an Effective Date. Staff explained that it had been discovered this property was actually located in North Palm Beach; however, the County had requested that the City proceed with the interlocal agreement contingent upon approval by the Village of North Palm Beach. It was noted that item had been included in the report. Councilman Clark made a motion to approve Resolution 51, 2000. Councilwoman Furtado seconded the motion, which carried by unanimous 5 -0 vote. The City Attorney requested and received clarification that the approval included the contingency. ORDINANCES: Ordinance 20, 2000 - Principal Planner Steve Cramer presented Ordinance 20, 2000 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, Providing for the Approval of an Application from TDM< Inc. for an Amendment of a Previously- Approved Planned Unit Development by Approving the Addition of Screen Enclosures to the Rear Patios at Golf Estate Villas Planned Unit Development, Located on the West Side of Military Trail Approximately 500 CITY COUNCIL REGULAR MEETING, 6/29/2000 5 Feet North of Holly Drive, 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, for consideration of First Reading. Mr. Cramer verified there was room for additional landscaping at the rear. Joseph Horton, TDM Properties, spoke on behalf of the petitioner. Petitioner was requested to provide photographs of the existing landscaping at the next presentation. Councilman Clark made a motion to place Ordinance 20, 2000 on First Reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 20, 2000 on First Reading by title only Ordinance 21, 2000 - Principal Planner Jim Norquest presented Ordinance 21, 2000 - 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 "Hibiscus Restaurant" (Formerly Bridge Center PUD) Located at the Northwest Corner of PGA Boulevard and Ellison Wilson Road, as Originally Approved by Ordinance 11, 1995, to Allow Outdoor Seating and Service Adjacent to the Waterway; Providing for Conditions of Approval; Providing for Severability; Providing for Conflicts; and Providing for an Effective Date - for Consideration of First Reading. Attorney Larry Smith, agent for the Petitioner, reported on efforts to work with the neighbors and staff regarding concerns of the neighbors. Mr. Smith proposed trying the outdoor seating and if there were complaints to bring the issue back before the City Council for evaluation. The City Council could revoke the outdoor seating at their discretion. In any case, Attorney Smith proposed to require the restaurant owner or operator to bring the matter to City Council in May 2001 to report what had happened. Attorney Smith requested delay of Second Reading until August to provide an opportunity to work with the neighbors. Jim Brindell spoke on behalf of The Breakers, now in negotiations to purchase the restaurant, described their upscale operation, and requested the opportunity to meet with the neighbors to work out concerns. Richard Arnold, adjacent neighbor, described the proximity of his home to the restaurant, and stated opposition to the outdoor seating which he believed would impact the quality of life and property values. Mayor Russo urged the petitioner to work with the neighbors. Councilman Clark made a motion to place Ordinance 21, 2000 on First Reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 21, 2000 on First Reading by title only. Ordinance 23, 2000 - Finance Director Kent Olson presented Ordinance 23, 2000 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Article III of the Palm Beach Gardens Code, Entitled "Police Officers' Retirement Trust Fund;" amending the optional Forms of Benefits; adding a new section providing for Penalties for Making a False or Misleading Statement in Order to Obtain Benefits; Providing for Severability; Providing for Codification; Providing for Conflict; and, Providing for an Effective Date - for Consideration of First Reading. Councilman Clark made a motion to place Ordinance 23, 2000 on First Reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 23, 2000 on First Reading by title only. ITEMS FOR COUNCIL ACTION: PGA Flyover - Finance Director Kent Olson presented the proposal for the enhanced PGA Flyover. Mayor Russo requested the proposal be shown to the new Legacy Place joint venture partner, who would benefit greatly. Discussion ensued, which included concerns regarding the commitment required by the City, protecting the project from downsizing, lack of input from developers, and CITY COUNCIL REGULAR MEETING, 6/29/2000 6 benefits to property owners in the proposed assessment area. Attorney John Gary advised he had received several phone calls from property owners who stated they could not pay the proposed assessments and developers who felt they would not benefit, and expressed concern that projects would be hurt because their concurrency was phased to the start of the flyover. Attorney Gary expressed concern regarding a statement made by an engineer that it would take 5 -6 months to redesign the road if the design was not accepted. Mayor Russo requested a meeting be set up with the developers the week of the 17th, as well as a meeting with the residents. Additional concerns were expressed. The Finance Director was directed to request an extension from FDOT so that input could be obtained from developers and owners of developed property and legal issues could be researched. Consideration of Appointing an Interim Special Master - Councilman Clark made a motion to approve staff recommendation to appoint Kevin Wagner as Interim Special Master. Councilwoman Furtado seconded the motion, which carried by unanimous 5 -0 vote. Consideration of City Manager's Contractual Mid -Year Salary Adjustment - Councilwoman Furtado made a motion to approve staff recommendation of a contractual mid -year 5% increase in salary based on the performance of the City Manager. Councilman Sabatello seconded the motion. Mayor Russo explained that the increase would bring the City Manager to the salary he had requested at time of hire, which would also have been the amount the previous City Manager would have been paid at this point. Councilman Clark stated he could not support the increase due to changes in priorities, the proposed budget, and possible problems with other employees. Vice Mayor Jablin requested this issue be delayed 30 days. Mayor Russo reported favorable responses from residents and Councilwoman Furtado reported favorable comments from employees. Councilman Sabatello commented favorably in regard to the new management and requested this increase not be delayed. Motion carried by 3 -2 vote. Mayor Russo requested discussion at a future meeting of the items of concern. The City Manager requested specifics on items of concern mentioned so that he could deal with them in public and requested that he be measured by results and not gossip. CRALLS Designation for the City of Palm Beach Gardens - The CRALLS area was identified as from the Florida Turnpike to Prosperity Farms Road. Councilwoman Furtado made a motion to request that the letter addressed to Commissioner Marcus be sent to the Chair and to each County Commissioner. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. ITEMS FOR DISCUSSION: Councilwoman Furtado - Councilwoman Furtado commented she would follow through with FDOT to request a three week delay on the PGA Flyover issue. ADJOURNMENT: There being no further business to discuss, upon motion by Councilwoman Furtado, seconded by Councilman Clark, carried 5 -0, the meeting was adjourned at 10:40 p.m. CITY COUNCIL REGULAR MEETING, 6/2 APPROVAL: RUSSO JABLIN PRO TEM CARL SABATELLO COUNCILWOMAN LAUREN FURTADO ATTEST: dâ–º CAROL GOL CITY CLERK 7