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HomeMy WebLinkAboutMinutes Council 072000CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING July 20, 2000 The July 20, 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, and Councilmember Lauren Furtado. Councilmember David Clark and Councilmember Carl Sabatello were absent from the meeting. ANNOUNCEMENTS: Mayor Russo reported two Palm Beach Gardens residents had returned from Wimbledon with two championships and requested that the City Council present them with a proclamation. Vice Mayor Jablin reported a letter had been sent to the girls' agent. PRESENTATIONS: Donation to Palm Beach Gardens Youth Athletic Fund - Dennis O'Rourke, Assistant Police Chief and member of the Board of PBGYAA, recognized a WCI donation of $2,000 for capital improvements to the ball fields at Lake Catherine. CITY MANAGER REPORT: Construction Update - Building Official Jack Hansen thanked Jay McKee and Eric Vincent for their assistance in helping complete projects, and provided an update on the progress achieved to date on audio visual equipment, exterior signage, parking lot, postal kiosk, interior items, landscaping, plaza fountain, and other items. Mr. Hansen noted the contract with the construction managers, O'Donnell, Naccarato & Mignogna, had been terminated as of the end of June, 2000, which would save approximately $15,000 per month; and that Mr. Hansen was now serving as the construction manager for the final details. Engineering Update - Engineer Dan Clark provided an update on the progress achieved to date on various projects, as well as anticipated installation and completion dates. An analysis of the beneficial reduction of trips on three State roads because of widening improvements to Burns Road indicated a 9 %, 15 %, and 20% reduction in trips on those roads, which would help with CRALLS on PGA Boulevard and place the City high on the list for eligibility to receive 35% funding for the Burns Road improvements. Growth Management Report - Growth Management Director Roxanne Manning reported revised 2010 model figures were only 1500 trips above the prior figures and that the CRALLS on PGA Boulevard had been unanimously approved by the County Commission. Ms. Manning explained that the developers were working on an agreement to fund the CRALLS. Ms. Manning reported the North County Forum regarding traffic would be scheduled for the end of October if possible, which was dependent upon a place to hold the forum. Ms. Manning reported that the Code Enforcement Administrator position would be filled very shortly. Ms. Manning explained that the engineering report on the mall site would be presented to the City Council and also to interested residents, and should be completed within 2 -3 weeks so that the information could be compared to the proposed CITY COUNCIL REGULAR MEETING, 7/20/2000 2 solution before South Florida Water Management District issued a permit. Ms. Manning introduced her mother and father, who were visiting. Vice Mayor Jablin introduced Helen Zintac, Candidate for the Florida House of Representatives in District 83, who expressed interest in preserving quality of life in the City, County, and State and complimented staff on managing growth. COMMENTS FROM THE PUBLIC: Forest Vincent, Shady Lakes resident, thanked Roxanne Manning for her efforts regarding the landscape buffer and preserve area between Shady Lakes and Bent Tree development, and requested the City Council and staff insist on full remediation of those areas. Ms. Manning reported that staff would participate in educating the Bent Tree residents who had the buffer in their back yards and were not aware they could not mow those areas, and reported that the City had had the preserves posted. Alex Perez and Roger Blangy, representing Gardens Woods, discussed the PGA Flyover, and recommended the City Council empower City staff to resolve the possible movement of the railroad crossing, reported correspondence from DOT and FEC railway company, and newspaper articles against the proposed move, and suggested the City encourage DOT to drop their bridge from the plans because none of the principals wanted the crossing where the bridge was shown, and to apply the $500,000 the bridge would cost to beautification of the flyover. Councilwoman Furtado suggested Mr. Perez and Mr. Blangy meet with her and staff to go over the situation. Bud Sebenrock reported he had come to the City Council in February for help with flooding in his neighborhood, and tonight wished to say thank you and also to thank the Council for their support of the North County Traffic Forum and for their help with the County's attempt to purchase the oak hammock on the Regional Center property. CONSENT AGENDA: Councilwoman Furtado moved approval of the Consent Agenda. Vice Mayor Jablin 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 15, 2000 Regular City Council Meeting. 2. Consideration of renewing the lease for the Police Department Truancy Interdiction Program/Field Office. 3. Resolution 59, 2000 - Consideration of authorizing execution of an application for funding through the COPS MORE Grant Program. PUBLIC HEARINGS: Ordinance 17, 2000 - Mayor Russo declared the public hearing open, held on the intent of 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 effective date- CITY COUNCIL REGULAR MEETING, 7/20/2000 3 for consideration of Second Reading and Adoption. Principal Planner Steve Cramer and Consultant Marty Hodgkins reviewed items changed since first reading, including minimum building height in the mixed use district which would require a comprehensive plan amendment and subsequent re- write of that section, cash payments in lieu of preservation, concurrency, drainage criteria, signage on taller buildings, and open space requirements for mixed uses. Henry Skokowski thanked staff and Mr. Hodgkins for allowing his participation in this process, commented staff had done a very good job and had provided assurance that follow-up matters would be properly addressed, and stated it was important for the new code to be clear, consistent, and flexible so that innovative design could be accomplished in mixed use districts. Attorney John Gary agreed with Mr. Skokowski and thanked staff also. Mr. Gary referred to Section 282, lake maintenance tract, noted that developers would want to landscape certain areas and requested the City Council retain flexibility to agree to items such as recreational amenities but not to be limited to recreational amenities. Growth Management Director Roxanne Manning discussed this matter. It was decided that a policy memo would address this issue. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin made a motion to approve Ordinance 17, 2000, upon Second Reading by title only as revised and with ability to change any typographical errors. Councilwoman Furtado seconded the motion, which carried by unanimous 3 -0 vote. The City Clerk read Ordinance 17, 2000 on Second Reading by title only. RESOLUTIONS: Resolution 42, 2000 - Staff presented Resolution 42, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of a site plan of development for a sales center and gatehouse within the Golf Digest (Mirasol) PCD, located along PGA Boulevard and as more particularly described herein; providing for three waivers to allow for a reduction in parking stall dimensions, a waiver of the bicycle parking requirement, and the addition of 31 parking spaces over the minimum provided by Code. Anne Booth, Urban Design Studio, agent for the petitioner, spoke on behalf of the petitioner. It was agreed that in the future when the use of the sales center was to be changed the petitioner would be required to come back before the City Council. Ms. Booth requested modification to condition one to change the language so that the plat would be required prior to certificate of occupancy rather than prior to construction plan approval, and to delete condition three, and explained that staff had agreed to both modifications. Vice Mayor Jablin made a motion to approve Resolution 42, 2000 with the modifications to conditions as accepted by staff and enunciated by Ms. Booth. Councilwoman Furtado seconded the motion, which carried by unanimous 3 -0 vote. Mayor Russo introduced candidate for Florida House of Representatives Jeff Atwater, who thanked the Mayor for the opportunity to introduce himself. Resolution 46, 2000 - Staff presented Resolution 46, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of execution of a second amendment to the Interlocal Agreement dated September 2, 1997, creating the Northlake Boulevard Corridor Task Force. It was announced that Resolution 46, 2000 had been pulled from the agenda. 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 CITY COUNCIL REGULAR MEETING, 7/20/2000 4 and one amendment to allow the use of specialty pavers, reduction in size of two loading spaces (12x25 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 more particularly described herein; providing for conditions of approval; and providing for an effective date. Henry Skokowski and John Gregory represented the petitioner. Precast concrete versus EIFS building systems was discussed. Stucco over block construction was offered by the petitioner as an alternative and agreed upon. Signage was discussed. The City Attorney stated the following modification: Amendment to condition 3 to change precast concrete to stucco over concrete block. Vice Mayor Jablin made a motion to approve Resolution 50, 2000 as amended, as read into the record by the City Attorney. Councilwoman Furtado seconded the motion, which carried by unanimous 3 -0 vote. Resolution 52, 2000 - Staff presented Resolution 52, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, authorizing the Mayor and City Clerk to execute an easement in favor of Florida Power and Light to construct underground facilities within the PGA Boulevard landscape buffer, and providing for an effective date. Councilwoman Furtado made a motion to approve Resolution 52, 2000. Vice Mayor Jablin seconded the motion, which carried by unanimous 3 -0 vote Resolution 53, 2000 - Staff presented Resolution 53, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, adopting a Uniform Right -of -Way Permit Application and Standards for Utility Installations in Public Rights -of -Way and Easements, and providing for an effective date. Vice Mayor Jablin made a motion to approve Resolution 53, 2000. Councilwoman Furtado seconded the motion, which carried by unanimous 3 -0 vote. Resolution 55, 2000 - Staff presented Resolution 55, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, authorizing the Mayor and City Clerk to execute an Interim Right -of -Way Use Agreement with FPL Fibemet LLC, and providing for an effective date. Vice Mayor Jablin made a motion to approve Resolution 55, 2000. Councilwoman Furtado seconded the motion, which carried by unanimous 3 -0 vote. Resolution 56, 2000 - Staff presented Resolution 56, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, authorizing the issuance of the City's $1,200,000 aggregate principal amount General Obligation Bond, Series 2000; establishing or providing for the establishment of the date, interest rate, interest payment dates and maturity schedule of said series 2000 Bond; delegating to the City Manager the ability to award the sale thereof; authorizing officials to take actions and execute documents in connection with the issuance of said Series 2000 Bond; providing certain other details with respect to said Series 2000 Bond, and providing an effective date for this resolution. Vice Mayor Jablin made a motion to approve Resolution 56, 2000. Councilwoman Furtado seconded the motion, which carried by unanimous 3 -0 vote. ORDINANCES: Ordinance 24, 2000 - Staff presented Ordinance 24, 2000 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Chapter 66 of the Palm Beach Gardens Code, entitled "Taxation;" adding a new Article IV entitled "Public Service Tax;" adding a new division 1 entitled "Utility Tax" and Division 2 entitled "Telecommunication Service Tax;' adding Sections CITY COUNCIL REGULAR MEETING, 7/20/2000 5 66 -150 through 66 -175; levying a 10% Public Service Tax on purchases Ordinance 24, 2000. Consideration of an Ordinance of the City Council of electricity, gas and water, requiring monthly payment; providing for collection; providing for exemptions; levying a 7% Public Service Tax on purchases of Telecommunications Service within the City which originate and terminate in the State of Florida; requiring monthly payment; providing for collection; providing for exemptions; providing for severability; providing for codification; providing for conflict; and providing for an effective date; and for other purposes - for consideration of First Reading. Vice Mayor Jablin made a motion to deny Ordinance 24, 2000. Councilwoman Furtado seconded the motion, which carried by unanimous 3 -0 vote. ITEMS FOR COUNCIL ACTION: Burns Road Council Liaison - Consideration of appointing a Council member to serve as a liaison to staff for the Burns Road construction project. Vice Mayor Jablin made a motion to nominate Councilman Sabatello as liaison to staff for the Burns Road construction project. Councilwoman Furtado seconded the motion. Mayor Russo commented that Councilwoman Furtado was the alternate liaison. Motion carried by unanimous 3 -0 vote. ITEMS FOR DISCUSSION: Millage Rate - Consideration of authorizing the filing of a tentative maximum operating millage rate of 5.2085 with the County, which would be an overall increase of 29 %. Staff proposed a presentation of proposed reductions be made at the August 17 City Council meeting. Vice Mayor Jablin noted none of the City Council members were in favor of such an increase. Councilwoman Furtado made a motion to approve the staff recommendation subject to an August 17, 2000 workshop that the millage rate shall not exceed 5.2085. Vice Mayor Jablin seconded the motion, which carried by unanimous 3 -0 vote. ITEMS & REPORTS BY MAYOR AND COUNCIL: Vice Mayor Furtado provided information for staff on criteria for proposed railroad crossing improvements and quiet zones. Vice Mayor Furtado commented the County Engineer needed to receive the City's request for payment of 35% of the Burns Road improvements as soon as possible. Vice Mayor Jablin questioned the timetable for installation of a traffic light at Gardenia and Military Trail. Staff stated they would apply for the minimum blinking time so that the light could be fully operational by November 1, 2000. CITY ATTORNEY REPORT: City Attorney Rubin reported the Vavrus case would not go to trial as previously reported since a counter claim had been filed, but might go to trial later in the year. The City Attorney advised that eminent domain hearings for Burns Road parcels would be held during September 2000. City Attorney Rubin reported he had recently received Board Certification in City, County, and Local Government Law. CITY COUNCIL REGULAR MEETING, 7/20/2000 6 ADJOURNMENT There being no further business to discuss, upon motion by Councilwoman Furtado, seconded by Vice Mayor Jablin, carried 3- 0, the meeting was adjourned at 9:40 p.m. APPROVAL: ATTEST: CAROL GOL CITY CLERK JA 1446 RUSSO VICE MAYOR ABLIN CHAIRMAN P TEM CARL SABATELLO /�z 4e, *- t' �z 0 tUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO