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HomeMy WebLinkAboutMinutes Council 122100CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING December 21, 2000 The December 21, 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 staff and Council for working together and wished everyone a happy holiday season and happy and healthy new year. A moment of silence was observed for Clara Williams, the former Mayor of Riviera Beach. RE -ORDER AGENDA: Vice Mayor Jablin made a motion to re -order the agenda to next hear Resolution 126, 2000, followed by agenda items 11 and 12 since they were not heard at the last meeting. Councilwoman Furtado seconded the motion, which carried by unanimous 5 -0 vote. RESOLUTION: Resolution 126, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Adopting the Interlocal Agreement with the Municipalities of Palm Beach County, Palm Beach County, and the Palm Beach County School District to Establish a County -Wide Public School Concurrency; Authorizing the Mayor and City Clerk to Execute the Interlocal Agreement; and Providing for an Effective Date. Interim Growth Management Director Steve Cramer reported staff was working on a letter of transmittal to go with the agreement, and that Palm Beach Gardens would be the last City to sign, which was verified by Commissioner Karen Marcus. Commissioner Marcus was questioned regarding the traffic light at BallenIsles on Northlake Boulevard, and assured the City Council that the County was aware of the situation. Councilwoman Furtado expressed concern that existing problems in the schools had not been addressed by the School Board and confirmed that there were currently only two lunches at the high school and that the cafeteria seating capacity according to the School Board was not the actual capacity. Mayor Russo commented the issue was that the problem had not been addressed because the School Board did not believe a problem existed. Leo Noble confirmed that if there was a problem the School Board would address it and confirmed that Howell Watkins Middle School was in the plan to be rebuilt or renovated. Tom Lynch, Chairman of the School Board, pledged that the School District would work with the City to best locate the schools for the City. Mayor Russo commented no one was happy with the past actions of the School Board but he felt that now something positive could be done with the School Board, and although the plan was not perfect it was better than what had been. Councilman Sabatello questioned whether the agreement was legally binding for the School Board to satisfy the needs of the City and if they did not whether the City would have a claim against the School Board, which Mr. Noble verified. Councilman Sabatello explained that his biggest concern was if the City CITY COUNCIL REGULAR MEETING, 12/21/00 2 delivered 5800 homes in five years and no schools were built, the City would really have a problem. Mr. Noble indicated the City staff should begin work with the School District staff to pinpoint the anticipated growth and bank land for schools when they were needed. Vice Mayor Jablin thanked Mr. Noble, Mr. Lynch, and Commissioner Marcus for their work on this project. Commissioner Marcus explained the State government was focused to fund the backlog of educational issues. Councilman Clark made a motion to approve Resolution 126, 2000. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. ITEMS FOR COUNCIL ACTION: Appraisal of Preserve Lands. Finance Director Kent Olson discussed approving utilizing highest and best use as the appraisal method for appraising preserve lands, recommended eliminating cash in lieu of, and recommended off -site mitigation. Providing direction to developers as to parcels of land the City wished to have preserved with designation of those parcels as open space was discussed. Realtor Robert Groover commented it would be very difficult to maintain small areas as preserves; discussed tests used by an appraiser to determine highest and best use, and indicated value and dollars should not be tied to mitigation. Hank Gonzalez indicated he was representing Palm Beach Community Church as well as himself, agreed with the City Forester that larger preservation properties were preferable, and predicted the development community would be happy to work with the City Forester; but requested cash in lieu of not be removed at this time. Rick Greene, Vice President, DiVosta & Company, reported there was no place to mitigate within the City, favored creation of a land bank or contributing money for recreation, and cautioned there could be conflicts between preserving uplands and drainage requirements. Mr. Greene stated his agreement that the option of cash in lieu of should not be removed, and requested DiVosta not be required to preserve one acre at The Isles in exchange for the almost 7 acres they had provided as upland preserve. Discussion ensued regarding The Isles project. Mayor Russo expressed concern that people could be penalized for doing the right thing and commented The Isles had used 6.6 extra acres of their land at a cost of approximately $1 million to provide lakes for drainage; Councilman Clark indicated this was an alternative chosen by the petitioner. Ken Blair, Catalf imo Construction and Development, indicated he was pleased the City had identified a piece of property they could buy; requested keeping cash in lieu of as an alternative using highest and best use as preserved land, and consider setting a flat per square foot price such as 55 cents per square foot to be reviewed annually. Mr. Blair expressed concern that if using highest and best use of the property in its final zoning was utilized, that could have the effect of lowering the value of property within Palm Beach Gardens. John Gary encouraged not doing away with cash in lieu of, and favored each developer paying the same for the amount of land they must preserve. Larry Smith commented if the City acquired a large piece of land for mitigation each developer would know the cost. Donaldson Hearing, Cotleur & Hearing, encouraged the City to maintain flexibility, commented focus should be on the big picture by providing large enough preserves to maintain wildlife and to be ecologically sustainable long- term, recommended looking at each project's mitigation on a case by case basis, and cautioned that mitigating off -site did not mean a project would have less trees or less open space, since the City Forester was very diligent about encouraging preservation of trees, etc. Councilman Sabatello commented that satisfying the conditions would drive the price of the land higher, and dollars and value should not be considered when swapping land for land. Councilman Sabatello favored maintaining the current flexibility and favored the flat square foot price suggested by Mr. Blair with CITY COUNCIL REGULAR MEETING, 12/21/00 3 the City collecting the dollars and selecting the proper land for use by the residents. Councilman Sabatello explained that a developer could provide mitigation on -site and not meet the intent, and expressed his opinion that in this matter intent was more important than the code. Councilman Clark wanted to assure there would be no economic incentive to pay the City money rather than preserving land. Direction to the City Forester was to report at the next meeting properties he had been able to identify that could serve as off -site mitigation lands. Robert Groover indicated he agreed with the staff recommendation that the City Forester find a parcel suitable for preservation and indicated he was not in favor of doing away with the cash alternative. Mr. Groover cautioned that limiting use of a specific piece of land to preservation would make an appraisal of that land very low. Executive Search Firm - City Manager. City Manager Ferris reported two responses had been received and staff recommendation was to retain the search firm of Rachlin, Cohen, & Holtz. Mr. Colin Baezinger, Manager of Municipal Consulting Services for Rachlin, Cohen, & Holtz, indicated he was available to answer any questions. Councilman Sabatello requested information regarding background checks. Mr. Baezinger reported how he conducted background checks, and indicated he would provide a summary report to the City with a list of people spoken to but not what each person said. Mayor Russo requested copies of the newspaper archive articles. Mayor Russo expressed preference for someone familiar with Florida, and Mr. Baezinger commented he would prefer to do a Florida search but would try to locate candidates who had dealt with growth similar to that of Palm Beach Gardens. Councilwoman Furtado favored a national search so as not to limit ideas to one way of thinking. Councilman Sabatello commented the candidates would be judged on their merits. Councilman Clark made a motion to approve the staff recommendation to retain Rachlin Cohen & Holtz. Councilwoman Furtado seconded the motion, which carried by unanimous 5 -0 vote. ITEMS FOR DISCUSSION: Ordinance 35, 2000 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Tenet of South Florida Health Systems for an amendment to the Palm Beach Gardens Medical Center Planned Unit Development which was originally approved by Ordinance 28, 1991 and was subsequently amended by Resolution 92, 1992, Resolution 3, 1995 and Ordinance 26, 1995; approving a change in uses of 81,600 square -feet of previously approved unbuilt medical center uses located at the southeast corner of Burns Road and Gardens East 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. Mayor Russo announced that this Ordinance had been voted on for First Reading but because of lack of time had not been discussed; therefore, it would be discussed at tonight's meeting. Senior Planner Ed Tombari reviewed the staff report. The Fire Chief was not in favor of the waiver for parking spaces because of the current parking problems making it difficult for access by fire rescue vehicles. Ed Oliver, Oliver Glidden & Partners, agent for the Petitioner, introduced those present on behalf of the petitioner and provided a presentation. Clint Matthews, Chief Executive Officer, reviewed the proposed increase in beds. Councilman Sabatello questioned whether more space should be allowed for storage. Staff was requested to address traffic concerns. Improved landscaping was discussed. In response to a suggestion to move the doctors' parking, Mr. Matthews explained emergency room doctors needed the ability to get in and out quickly, but the patient and valet parking would be studied to see if they might be relocated. The petitioner was advised that CITY COUNCIL REGULAR MEETING, 12/21/00 4 additions to the architecture would be appreciated, and that the Fire Chief must be comfortable with access before the next meeting. Harvey Stern, President, Oaks East Homeowners Association, commented he did not see how traffic for this project could be addressed without considering St. Mark's. Mayor Russo indicated to the City Engineer that the whole traffic situation for both projects must be addressed, and that a median maintenance agreement would be needed if there were a median. CITY MANAGER REPORT:: Status of Building Permit - Veridian Office Building - City Engineer Dan Clark reported the construction plans had been reviewed and several issues had been identified that still needed to be addressed, including getting copies of the South Florida Water Management District's construction permits from the developer. Customer Service Report — Dr. Beth Ingold Love reported that included in the packets for the City Council was an executive summary of a customer service study conducted during July 2000. Dr. Robert Hays, owner of Haysmar, Inc, a market research and behavioral research firm located in Jupiter, Florida, provided a presentation of contacts made to City departments, analysis of the responses, and recommendations for improvement. Mr. Hays explained that this study had established a baseline for future studies. Councilman Sabatello suggested a mid -point internal study be done before bringing this firm back. Municipal Clerk Desi ng_ ation - City Manager Ferris congratulated City Clerk Carol Gold on achievement of the Master Municipal Clerk Designation through completion of her third level of the Master Municipal Clerk Academy, making her the 12th Municipal Clerk in the State of Florida to receive this designation of 170 nationwide. The City Manager thanked Carol for her hard work and for bringing a credit to the City. Mayor Russo also congratulated Carol and expressed appreciation for her work. COMMENTS FROM THE PUBLIC: Harvey Stern, President of The Oaks East Homeowners Association, requested removal of 31 trees with which there were problems out of the 1100 trees in their development without amending the PUD, which would be costly. City Forester Mark Hendrickson reported he had inspected each tree and only two were immediate problems, but estimated that all street trees would eventually become a problem. Discussion ensued. Suggested options were all costly. Direction was that the City Forester work with the residents to find a solution. Mayor Russo requested that a majority of The Oaks residents be in favor of the chosen solution. Mr. Stern indicated that a vote would be taken at the February annual meeting. CONSENT AGENDA: Mayor Russo requested removal of item (f) - Cancer Survivor Park, and item (p) - Design/Build of Park Storage Facility. Councilman Clark moved approval of the remaining items on the Consent Agenda. Vice Mayor Jablin seconded the motion. Motion carried by unanimous 5 -0 vote. The following items were approved on the Consent Agenda: 1. Consideration of approving Minutes from the November 13, 2000 Workshop City Council Meeting. 2. Consideration of approving Minutes from the November 14, 2000 Workshop City Council Meeting. 3. Consideration of approving Minutes from the November 30, 2000 Special City Council CITY COUNCIL REGULAR MEETING, 12/21/00 5 Meeting. 4. Consideration of approving Minutes from the December 5, 2000 Special City Council Meeting. 5. Roller Hockey Rink Consideration of awarding bid for dasher boards and surface coating. 7. Fire Department Vehicles. Consideration of replacing one Suburban and one Caprice. 8. Resolution 127, 2000 - Mirasol Plat - Spine Road (a.k.a. Plat Two). Consideration of approving Mirasol Plat - Spine Road (a.k.a. Plat Two). 9. Resolution 128, 2000 - Mirasol Plat - Parcel 1. Consideration of approving Mirasol Plat Parcel 1. 10. Resolution 129, 2000 - Mirasol Plat - Parcel 2. Consideration of approving Mirasol Plat Parcel 2. 11. Resolution 130, 2000 - Mirasol Plat - Parcel 3. Consideration of approving Mirasol Plat Parcel 3. 12. Resolution 131, 2000 - Mirasol Plat - Parcel 4. Consideration of approving Mirasol Plat Parcel 4. 13. Resolution 132, 2000 - Mirasol Plat - Parcel 5. Consideration of approving Mirasol Plat Parcel 5. 14. Long -term Disability Insurance. Consideration of awarding the long -term disability insurance proposal to Sun Life of Canada. 15. Funding North Palm Beach Transportation Forum. Consideration of approving the expenditure of $5,000.00 to fund the North Palm Beach County Transportation Forum. Cancer Survivor Park - Mayor Russo expressed concern that the proposed site might be better utilized for other recreation facilities. Recreation Director Sue Miller indicated that the land was originally intended to replace the activities of Tanglewood Park, designated as a passive park, and that staff felt the site was not conducive to active recreation. Discussion ensued. City Engineer Clark indicated a portion of the site was necessary for drainage. Councilman Clark indicated that the letter of intent was not binding upon the City to proceed further. Councilman Clark moved approval of the proposal to approve a conceptual plan and enter into a letter of intent with H &R Block for the Cancer Survivor Park Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Awarding Contract for Design/Build of Park Storage Facility_- Recreation Director Sue Miller verified that the cost under design/build was anticipated to be 1/3 less than conventional construction, that there was a set cost of $540,000, and the conventional method would be $700,000 - $800,000. Mayor Russo indicated he wanted to be kept up to date during the design/build project. It was announced that Building Official Jack Hanson would be the Project Manager. City Attorney Len Rubin noted the substantial completion date was July 11 and the project was to be ready for final payment by July 23. Councilman Clark moved approval of the staff recommendation. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. PUBLIC HEARINGS: Ordinance 30, 2000 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 30, 2000. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark made a motion to approve Ordinance 30, 2000 on Second Reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read CITY COUNCIL REGULAR MEETING, 12/21/00 6 Ordinance 30, 2000 on Second Reading by title only: An Ordinance of the City of Palm Beach Gardens, Florida, Providing for Approval of the Application of the Benjamin Private School, Inc., for Rezoning of 50 Acres of Land, Located at the Northwest Corner of the Intersection of Central Boulevard and an Unnamed Future East -West Road as more particularly described herein, from Planned Development Area (PDA) to Public /Institutional (P /I) with a Planned Unit Development (PUD) Overlay, in Order to Construct a 187,671 Square Foot Private High School Campus; Providing for Waivers; Providing for Conditions of Approval; Providing for Severability; Providing for Conflicts; and Providing for an Effective Date. RESOLUTIONS: Resolution 97, 2000 - City Forester Mark Hendrickson reviewed the staff report for Resolution 97, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Providing for the Approval of an Application from Communities Finance Company requesting Approval for Removal of Exotic Vegetation, and Conceptual Upland Preserve Set Aside for Parcels 4.03 and 4.06 located at the Southwest Corner of Alternate AIA and Donald Ross Road, as more particularly described herein; Providing for Conditions of Approval, and Providing for an Effective Date. A representative from WCI Communities spoke in favor of the project. Sam Wiley, Environmentalist, explained the advantages of the proposed project, and pointed out the locations on the map where vegetation was proposed to be removed. Councilman Clark moved approval of Resolution 97, 2000. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Resolution 105, 2000 - Senior Planner Talal Benothman reviewed the staff report for Resolution 105, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Providing for the Approval of a Site Plan for a Senior Assisted Living Facility (La Posada) located within the Regional Center Development of Regional Impact (DRI) Consisting of 301 Units, as more particularly Described herein; Providing for Six Waivers to Allow the Addition of 209 Covered Parking Spaces, the Location of Covered Parking Spaces within the Required 100 -Foot Setback, the Elimination of Two Sidewalks, a Reduction in the 15 -foot Landscape Buffer, the Reduction in the Street Side Setback along the Eastern Perimeter, and the Encroachment of Structures within the Lake Maintenance Easement Tract; Providing for an Amendment to the Master Signage Program for the DRI as Adopted in Resolution 64, 1998 to Modify the Design and Location of the Permitted Signs and Add Two Directional and Two Directory Signs to the Master Signage Program; Providing for Conditions of Approval; and Providing for an Effective Date. Mr. Benothman indicated language had been drafted for a condition of approval relating to the maintenance of the on -site medical facility as requested by the City Council. The proposed condition was read into the record by Dodi Glas, representative for the Petitioner: Item 11 - The Petitioner agrees to provide on -site services that include an emergency response communication system for each independent living, assisted living, and Alzheimer's living unit that would provide an emergency response communication system monitored 24 hours a day by La Posada staff. The skilled care community will be provided with a full UL rated nurse call system and monitoring control devices would also be employed in the skilled care and Alzheimer's living areas. Ms. Glas reviewed proposed site plan changes since the last meeting. Architect Craig Davis discussed the aesthetics of the covered parking; however, the City Council indicated that the plan was not proper. Direction to the applicant was that the proposed condition (11) was acceptable and this item could be presented as a Consent Agenda item at the next meeting if proper plans had been submitted and were acceptable. CITY COUNCIL REGULAR MEETING, 12/21/00 7 ORDINANCES: Ordinance 32. 2000 - Planner John Lindgren reviewed changes since the last meeting for the St. Mark's School project, Ordinance 32, 2000 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, Providing for the Approval of an Application from St. Mark's Church, Inc., for an Amendment and Expansion of a Planned Unit Development by Approving the Construction of a 14,000 Square -Foot School Building, a 945 Square -Foot Church Addition, and a Two (2) Year Time Extension for a Trailer on an 11 Acre Site, Located at the Northeast and Northwest corners of Burns Road and Gardens East 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. Fred Schwartz, Kimberly -Horn Associates, provided an explanation of the traffic circulation plan. Principal Melba Hardy explained the staggered arrival and dismissal times, and that parking across the road would be immediately implemented. Discussion ensued. Petitioner agreed to remove the trailer at the end of the current school year. Direction was to monitor traffic management so that it could be discontinued if not needed and re- implemented at the direction of the City. Harvey Stern, President, The Oaks East Homeowners Association, thanked St. Mark's for the work they had done but indicated he was not sure they had completely addressed the traffic problems and indicated his main concern was that the traffic analysis submitted by the school had contained 1998 -1999 traffic numbers. Mr. Stern indicated there should be new numbers for Burns Road after it was widened, and there would be additional traffic as a result of the new medical office building at the hospital. Mayor Russo requested an additional condition that if the traffic did not work that the City could require the school to spread out their staggered times. Second reading for this item was planned for the second City Council meeting in January. Councilman Clark made a motion to place Ordinance 32, 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 32, 2000 on First Reading by title only. ITEMS & REPORTS BY MAYOR AND COUNCIL: Councilwoman Furtado announced FDOT had approved installation and payment for landscaping on Northlake Boulevard at I -95, and the City would only need to provide maintenance. Mayor Russo reported he had attended the Chamber of Commerce meeting with the mayors forming the Economic Development Group for North County, which he believed was going in a good direction. Mayor Russo indicated he had thought the Tuesday meetings were to be workshops between Council and staff and were not to have petitioners providing input. Discussion ensued regarding the proper format. Consensus was not to allow petitioners to speak at the meeting, and to change the meeting day from Tuesday to Monday so that all members of the City Council could attend. Mayor Russo announced he planned to send letters of congratulation to the football coach at Palm Beach Gardens High School and at Dwyer High School, in recognition of the two players of the year. CITY COUNCIL REGULAR MEETING, 12/21/00 8 ADJOURNMENT: There being no further business to discuss, upon motion by Vice Mayor Jablin, seconded by Councilman Clark, carried 5 -0, the meeting w s a 'ou d at :30 p.m. APPROVAL: A R. RUSSO CHAIRMAN PRO -TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO ATTEST: CAROL GOLD - CITY CLERK