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HomeMy WebLinkAboutMinutes Council 120700CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING December 7, 2000 The December 7, 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. PRESENTATIONS: School Concurrence - Leo Noble, representative for the School Board, outlined statutory requirements for school concurrency. Mr. Noble discussed financial feasibility, the intergovernmental coordination element, level of service, review of development, and the technical advisory group appointed to provide oversight. Mayor Russo expressed concern regarding the lack of schools to be built in the City within the next five years in light of the anticipated new growth. Mr. Noble confirmed that portable classrooms did not count toward establishing school capacity levels. Mr. Noble explained the schools in northern Palm Beach County were at the lowest capacity in the County, and when the middle school in Jupiter opens, the City's middle schools would be under capacity. Palm Beach Gardens High School capacity and correcting current problems including lack of lunchroom space was discussed. Councilwoman Furtado expressed concern there were current problems that there was not money available to correct. Mr. Noble was requested to find out if the School Board recognized that problem. Councilman Sabatello clarified that concurrency issues needed to be reviewed, and questioned the square footage of classroom sizes, to which Mr. Noble responded square footage was set by the State. Councilman Sabatello expressed concern that it would become political who got the money, as had happened in traffic; and requested a list of all improvements to be done in existing schools within the next three years. Mr. Noble explained that those improvements were in the capital plan, discussed what would trigger improvements to existing schools, and explained that the School Board was required to keep up with growth wherever it happened. Mayor Russo expressed concern regarding the capacity issue with all the new growth coming to the City. Councilwoman Furtado expressed support for concurrency but concern that finances were promised and there were existing shortcomings that were not corrected. Vice Mayor Jablin explained that Mr. Noble was discussing the capital budget and not the operating budget. Councilwoman Furtado commented the right space must be allocated within the buildings. Mr. Noble explained that growth would cause schools to be built on a faster schedule. Mr. Noble offered to set up a meeting with the City Council and the School District staff, and indicated he would respond to the Palm Beach Gardens High School lunchroom issue. Stormwater Utility - City Engineer Dan Clark discussed an implementation plan for the stormwater utility, user impervious areas, a 2,460 square feet for each ERU, residential tiers, credits and adjustments, and rate discussion to begin in March, 2001. Mr. Clark explained that items needed CITY COUNCIL REGULAR MEETING, 12/7/2000 2 in the program would be discussed to determine rates. Mr. Clark noted that financial strategy, data collection, and an implementation model had been established. In January and February, public information would be disseminated, and the stormwater utility was anticipated to be in place by June 2001. CITY MANAGER REPORT: Public Information Report — Assistant to the City Manager Beth Ingold -Love explained that the report had been presented to the Council members in their packets. Growth Management Report — Interim Growth Management Director Steve Cramer reported that Palm Beach County had approved the amended CRALLS for PGA Boulevard, and that a meeting was scheduled for the next week with the City, Jupiter, and Palm Beach County to discuss dates for scheduling the transportation planning forum. Mayor Russo thanked everyone who had been associated with the CRALLS designation. COMMENTS FROM THE PUBLIC: Joan Elias, President of C.A.N. at PGA National, expressed Season's greetings from C.A.N. and thanked the City Council for their work during the past year. Siro DeGasperis commended the City Council for their hard work, wished Mayor Russo and Councilman Sabatello good luck in their campaigns for re- election, and on behalf of the Northlake Neighborhood Coalition and PGA National POA wished the City Council the best of holidays and a prosperous year in 2001. Hank Porcher, 101 Palmetto Lane, West Palm Beach, reported Viridian office building had applied for a building permit in December of 1999 and still had not received the permit since the City's Engineer would not sign off because of a SFWMD lawsuit. Mr. Porcher suggested the building permit be granted with the CO contingent upon receiving SFWMD approval. Response was that nothing could go forward within Unit 19 until completion of a master drainage plan. City Engineer Clark agreed to review this issue. Councilman Sabatello recommended consideration of an alternative plan regarding what could be developed before completion of the master drainage plan. The City Manager was directed to report on this issue at the next meeting. Mr. Porcher was asked to leave a contact number with the City Engineer. CONSENT AGENDA: Councilwoman Furtado moved approval of the Consent Agenda as submitted. Councilman Clark 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 2, 2000 Regular City Council Meeting. 2. Resolution 116, 2000 - Exchange of Surplus Property - Fire Rescue Chassis. Consideration of authorizing the exchange of surplus property. 3. Resolution 122, 2000 - Fairway Office Center Plat. Consideration of approving the Fairway Office Center Plat. 4. Fire Rescue Gear - Consideration of approving the purchase of Turnout Gear for Firefighters from Bennett Fire Products in the amount of $34,300 by "piggybacking" on the Lee - Collier County contract. PUBLIC HEARINGS: Resolution 113, 2000 - Finance Director Kent Olson presented Resolution 113, 2000 - A Resolution CITY COUNCIL REGULAR MEETING, 12/7/2000 3 of the City Council of the City of Palm Beach Gardens, Florida, relating to the construction and funding of certain local improvements, creating the PGA Flyover Assessment Area; amending the initial Assessment Resolution and confirming the initial Assessment Resolution as amended; imposing special assessments and establishing the maximum annual assessment rate; approving the assessment roll; providing for collection of the assessments; and providing an effective date. Ed Oliver, Oliver Glidden Partners, presented proposed improvements to the flyover. George Nickerson, Nabors, Giblin & Nickerson, further explained the assessment program. Mayor Russo declared the public hearing open. Attorney Adams Weaver stated he and Realtor Diane Jenkins were present representing William G. Lassiter and his wife, owners of the shopping center at the southwest intersection of Prosperity Farms Road and PGA Boulevard, who objected to the assessment. Attorney Weaver noted that under Florida law a special benefit must be found to his clients' property; expressed his opinion that to treat all properties the same for assessment purposes did not take into account the impact of the flyover to each property; and noted the properties west of I -95 were not being assessed. Attorney Lassiter suggested the appropriate method of funding would be to finance the project through tax increment financing, and introduced Diane Jenkins, who indicated expenses would be increased for this shopping center with no benefits, and predicted that the businesses would suffer during the project construction. Tax increment financing was explained by the City Attorney in response to a question from resident Richard Orman, who indicated he favored assessments, and if tax increment financing was to be used he wanted to see more public input. Donna McDonald, President, Capital Realty Advisors, Inc., representing the owners of Gardens Plaza, questioned the benefits to office buildings. Jerry Keniuk, representing the owners of Loehmann's Plaza, questioned why new construction was being excluded from the assessments, and why Loehmann's Plaza was included in the assessment. Mr. Nickerson responded to the questions posed. Hearing no further questions from the public, the Mayor declared the public hearing closed. Legal issues and the size of the assessment district were discussed. Councilman Clark made a motion to approve Resolution 113, 2000. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Resolution 114, 2000 - Finance Director Kent Olson presented Resolution 114, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, electing to use the uniform method of collecting non -ad valorem special assessments, levied within certain areas of the City, stating a need for such levy; providing for the mailing of this Resolution; and providing for an effective date. Mayor Russo declared the public hearing open, held on the intent of Resolution 114, 2000. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark made a motion to approve Resolution 114, 2000. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. RE -ORDER AGENDA: Councilman Clark made a motion to re -order the agenda to place Item for Discussion - Casino (Tanglewood) Commercial Splitting from Residential Redevelopment immediately following Resolution 120, 2000. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Resolution 120, 2000 - Senior Planner Edward Tombari reviewed the staff report for Resolution 120, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for an exemption of a non - conforming use for the Tanglewood PUD, located on the east side of Military CITY COUNCIL REGULAR MEETING, 12/7/2000 4 Trail, just south of PGA Boulevard, to allow the continuation of the existing residential density; providing for conflicts; providing for severability; and providing for an effective date. Mr. Tombari verified that density would not be increased, and answered questions from the City Council. Mayor Russo declared the public hearing open, held on the intent of Resolution 120, 2000. Representative for the petitioner described the project. Outstanding Code Enforcement issues were described. Richard Orman, representing Golf Club Estates, objected to furthering this petition until the City Council had received further assurances of their intent to proceed to renovate the property in an effective and complete way, and questioned how the number of bedrooms could be increased without increasing density. Petitioner offered to meet with Mr. Orman and his neighbors. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. The City Attorney indicated that this Resolution would permit the petitioner to stay at 19 units per acre that was the current requirement. Adam Schlesinger indicated the current owner had owned the property for eight years. Both Councilman Sabatello and Mayor Russo indicated they had met with the petitioner. Councilwoman Furtado indicated this was really the first mixed -use center in the City. The Vice Mayor asked the petitioner to work with Code Enforcement. Mayor Russo verified that the Council had no issues regarding the item for discussion. Councilman Clark made a motion to approve Resolution 120, 2000. Councilwoman Furtado seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 22, 2000 — Interim Growth Management Director Steve Cramer reviewed the issue of citywide impact fees as presented in Ordinance 22, 2000 - An Ordinance of the City of Palm Beach Gardens, Florida, Providing for the Amendment of Division IV of Article III of the City's Land Development Regulations, entitled "Citywide Impact Fees," to Update the Fire Protection and Emergency Medical Services, Police Protection and Parks and Recreation Impact Fee Schedules, Amend the Independent Calculation Formulas, Clarify the Lien Provisions, and make Other Minor Revisions; Providing for Codification; Providing for Severability; Providing for Conflicts; and Providing for an Effective Date. Mayor Russo declared the public hearing open, held on the intent of Ordinance 22, 2000. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark made a motion to approve Ordinance 22, 2000 on Second Reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 22, 2000 by title only on Second Reading. Ordinance 29, 2000 - Planner John Lindgren reviewed Ordinance 29, 2000 - An Ordinance of the City of Palm Beach Gardens, Florida, Providing for the Approval of a conditional use for an 8,620 Square -Foot Fire/Police Station at the Northeast Corner of Howell Lane and Northlake Boulevard; Providing for Severability; Providing for Conflicts; and Providing for an Effective Date. Mayor Russo declared the public hearing open, held on the intent of Ordinance 29, 2000. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark made a motion to approve Ordinance 29, 2000 on Second Reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 29, 2000 by title only on Second Reading. Ordinance 30, 2000 - Senior Planner Ed Tombari presented the staff recommendation for approval of Ordinance 30, 2000 - 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, CITY COUNCIL REGULAR MEETING, 12/7/2000 5 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. Staff Recommendation was to change the language in condition number 3 and to deny the waiver request to only place the sidewalk on one side of the roadway. Mr. Tombari explained that parking indicated for stadium seating had been shaded in on the site plan. It was proposed to add language that installation of the parkway system was to be triggered by CO for whichever was completed first —the school or the ballfields; language for lake maintenance according to City standards, and adding the maximum number of students to the Ordinance. Mayor Russo declared the public hearing open, held on the intent of Ordinance 30, 2000. Hank Skokowski suggested adding after the language referencing the issuance of a certificate of completion for the athletic fields, at that point to add or the first certificate of occupancy, whichever comes first. Mr. Skokowski explained that the letter required in Condition (3) had been received that day from Northern and suggested modifying the language so that instead of prior to site plan approval the language would be prior to issuance of the first building permit. Mr. Skokowski suggested for Condition (4) to add after the standard condition unless this policy is formally amended by City Council action. Following discussion, the City Attorney advised that amendment of the policy referenced in Condition (4) could require one public hearing. Mr. Skokowski discussed Condition (9), which some other projects would not have, and asked whether charging this project a pro rata share of the cost of drainage was fair. Councilman Sabatello favored pro ration and also making this condition a standard condition of approval in the future. The petitioner agreed to addition of a condition that petitioner would certify the number of students enrolled each year. Parking was discussed. Architect Mike Rossin provided a power point presentation. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Engineer Dan Clark reported he had found in the City's Land Development Code a section regarding management plans and suggested adding a condition asking the school to provide a lake management plan acceptable to the City and to maintain the lake to that plan, with which the petitioner indicted agreement. The public hearing was re- opened upon advice of the City Attorney. Councilman Clark made a motion to continue the public hearing to the December 21, 2000 meeting of the City Council. Motion was seconded by Vice Mayor Jablin and carried by unanimous 5 -0 vote. RESOLUTIONS: Resolution 91, 2000 - Planner John Lindgren presented Resolution 91, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Providing for'the Approval of an Application from the City of Palm Beach Gardens for a Site Plan for an 8,620 square foot Fire/Police Station that will include a 3.363 square foot Fire Station, a 3,448 square foot truck bay, an 1,809 square foot Police sub - station, and a future 4,500 square foot training facility in Phase 2, located at the Northeast corner of Howell Lane and Northlake Boulevard; as more particularly described herein; Providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date. Councilman Clark made a motion to approve Resolution 91, 2000. Motion was seconded by Vice Mayor Jablin and carried by unanimous 5 -0 vote. Resolution 98, 2000 - Planning Technician Jackie Holloman presented Resolution 98, 2000 - A CITY COUNCIL REGULAR MEETING, 12/7/2000 6 Resolution of the City Council of the City of Palm Beach Gardens, Florida, Providing for Site Plan Approval for a Guardhouse within the right -of -way of Golf Club Drive on the West Side of Jog Road within Mirasol (Golf Digest PCD), said Development being located along the north Side of PGA Boulevard, west of the Florida Turnpike, East of the Loxahatchee Slough, and south of Hood Road; providing for conditions of approval; and providing for an effective date. Ann Booth, agent, spoke on behalf of the Petitioner. Councilman Sabatello disclosed an interest in another pod of Mirasol, which the City Attorney advised would have nothing to do with his voting on this project. Councilman Clark made a motion to approve Resolution 98, 2000. Motion was seconded by Vice Mayor Jablin and carried by unanimous 5 -0 vote. Resolution 105, 2000 - Senior Planner Talal Benothman presented Resolution 105, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Providing for 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. EMS servicing of the new station was discussed as well as what would happen upon closing Station 16. Mayor Russo requested an update from Finance Director Olson regarding the cost of building the new station No. 5, operating costs for the first year, and the timing. Staff noted the cost was to be paid by the forbearance agreement. Dodi Glas, agent for the petitioner, recalled a fire station site had been designated at the time of the original DRI approval. Staff indicated a part of that site had been deeded to the Community College for their theater site with agreement the City could use the theater. Ms. Glas reviewed the project on behalf of the petitioner and answered questions from the City Council. Direction to the petitioner was given regarding the sidewalk issue and covered parking. Petitioner requested this petition be added to the next agenda and was advised the issues in question must be satisfied. Resolution 106, 2000 - Planner John Lindgren presented Resolution 106, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Providing for the Approval of an Application from Costco Wholesale, Inc. for an Amendment to the Costco Site Plan, Located Approximately 3/4 of a mile east of the intersection of Northlake Boulevard and Interstate Highway 95, on the South Side of Northlake Boulevard, as more particularly described herein, by Approving a 2,280 square foot Building Addition to House a Tire Center; providing for Conditions of Approval, providing for conflicts; providing for severability; and providing for an effective date. David Geer, Seminole Bay Land Company, representative for the petitioner, discussed the project and answered questions from the City Council. Language for conditions requiring cart pickup on a time schedule and paying a fair share of the maintenance of the Northlake Boulevard median was to be crafted while the City Council moved on to other agenda items. Resolution 117, 2000 - Councilman Clark made a motion to approve Resolution 117, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Appointing Kevin M. CITY COUNCIL REGULAR MEETING, 12/7/2000 7 Wagner to serve as Code Enforcement Special Master on an interim basis and Authorizing the Mayor and City Clerk to Execute an Agreement with Kevin Wagner; Providing for conflicts; Providing for severability; and Providing for an effective date. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Resolution 121_,_2000 - Councilman Clark made a motion to approve Resolution 121, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Authorizing the Mayor and City Clerk to Execute a Roadway Lighting System Maintenance Agreement and Addendum with the Florida Department of Transportation; Providing for conflicts; Providing for severability; and Providing for an effective date. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Resolution 123, 2000 - Councilman Clark made a motion to approve Resolution 123, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Providing for the Appointment of One (1) Member to the Board of Trustees of the City of Palm Beach Gardens Police Officers; Retirement Trust Fund; and Providing for an effective date. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Resolution 124, 2000 - Councilman Clark made a motion to approve Resolution 124, 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 to Effectuate the Exchange of Land and Geographic Information System (GIS) Data; Providing for conflicts; Providing for severability; and Providing for an effective date. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. ORDINANCES: Ordinance 35, 2000 - Councilman Clark made a motion to place Ordinance 35, 2000 on First Reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Discussion ensued regarding procedure. Representative for the Petitioner Ed Oliver agreed to a workshop at the next meeting and the final reading in January. The City Clerk read Ordinance 35, 2000 on first reading by title only: A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Providing for the Approval of an Application from Tenant 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. RECONSIDERATION OF RESOLUTION: Resolution 106, 2000 - Costco Tire Center Addition. Planner John Lindgren read into the record proposed language for two conditions: (1) The Applicant, successors, or assigns, shall maintain their fair share portion of the Northlake Boulevard median and road shoulders immediately adjacent to their site; and (2) The Applicant, successors, or assigns, shall collect shopping carts from the parking area on an hourly basis while the store is open to the public; the said carts shall be returned to the inside storage area. Upon request by the Petitioner, the first condition was changed to read that the Applicant, successors, or assigns shall provide money to maintain their fair share portion of the CITY COUNCIL REGULAR MEETING, 12/7/2000 Applicant, successors, or assigns shall provide money to maintain their fair share portion of the Northlake Boulevard median and road shoulders immediately adjacent to their site. Councilman Clark made a motion to approve Resolution 106, 2000 with the amendments as read into the record by staff. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. ITEMS FOR COUNCIL ACTION: Mayor Russo announced that discussion of the facilitator, appraisal of approved lands, and executive search firm would all be presented early at the next meeting. CITY ATTORNEY REPORT: The City Attorney requested authority to execute a release to recover $80,000 in funds from a grant consultant who had not fulfilled a contract with the City. Councilmember Clark made a motion to approve the City Attorney's request. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. ADJOURNMENT: There being no further business to discuss, upon motion by Councilman Sabatello seconded by Councilman Clark, carried 5 -0, the meeting was adjourned at 11:30 p.m. ATTEST: CAROL GOLD CITY CLERK CHAIRMAN IRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO