Loading...
HomeMy WebLinkAboutMinutes Council 030295CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS MARCH 2, 1995 The Regular Meeting of the City Council of the city of Palm Beach Gardens, Florida, was called to order by Mayor Clark at 7:30 P.M. in the Assembly Room of the Municipal Complex, 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 present were Mayor Clark, Vice Mayor Monroe, Councilman Russo, Councilman Jablin and Councilwoman Furtado. ANNOUNCEMENTS Mayor Clark stated that the announcements were as posted on the City's Bulletin Boards. PRESENTATIONS CHIEF FITZGERALD Police Chief FitzGerald thanked the City Manager, Mayor and City Council for their support of the Police Department, and announced that he would officially receive national accreditation certificates for the Palm Beach Gardens Police Department in Virginia in the near future. Chief FitzerGerald presented the City Manager and Council Members with a plaque of appreciation. ITEMS BY MAYOR AND CITY COUNCIL: COUNCILWOMAN FURTADO Councilwoman Furtado reported the formation of a Citizens Advisory Committee which would report input from citizens to the MPO regarding various transportation programs and requested that the names of interested persons be submitted. VICE MAYOR MONROE Vice Mayor Monroe reported she had met with the Department of Transportation regarding a long -range plan for an interstate highway system expansion of Beeline Highway to the City of Okeechobee, and requested the names of key people in neighborhoods along the expansion route. COUNCILMAN RUSSO Councilman Russo thanked those responsible for bringing Wackenhut to Palm Beach Gardens. COUNCILMAN JABLIN Councilman Jablin reported that the Education Advisory Board had discussed the Abacoa project's impact to education and would meet with the Jupiter Mayor and Planning Department along with Palm Beach Gardens' Planning Department to discuss what developers are contributing for schools, and to establish communication between Jupiter's Education Committee and our City's Education Advisory Board. Councilman Russo suggested that a School Board representative should be included in that meeting. Vice Mayor Monroe reported a good working relationship with Jupiter's Mayor and staff at a recent meeting. It was agreed that the City Manager would contact the Jupiter Mayor to set up the meeting. MAYOR CLARK Mayor Clark reported he had received a letter from Clay Shaw announcing that he and his staff would hold CITY COUNCIL REGULAR MEETING. 3/2/95 a Community Outreach Meeting at Palm Beach Community College on March 16, and invited those interested to attend. Mayor Clark also reported he had been approached by the Director for Cultural Affairs from the Mayor's office in the city of Newton, Massachusetts who wished to establish an informal sister city relationship to work together to see if there were ways to help each other with expansion of ideas, beautification, cultural events, etc. CONSENT AGENDA: Councilwoman Furtado made a motion to approve the Consent Agenda as submitted. Councilman Jablin seconded the motion. During discussion, Vice Mayor Monroe verified that this action would leave the defined contributions retirement plan open for further questions at a later date. The motion carried unanimously. The following items were approved on the Consent Agenda: 1. Approval of Minutes of 1/26/95 City Council Special Regular Meeting. 2. Approval of Minutes of 2/2/95 City Council Regular Meeting. 3. Approval of Minutes of 2/9/95 City Council Workshop Meeting. 4. Proclaiming March 6, 1995 as "National Clergy CITY COUNCIL REGULAR MEETING, 3/2/95 PAGE 4 Week ". 5. Approval of Defined Contributions Retirement Plan. 6. Resolution 21, 1995 - Amending 94.40 of chapter 94 of Title IX: General Regulations of the Palm Beach Gardens Code, amending the amount of Interim Service and Facilities Fee. 7. Resolution 22, 1995 - Approval Agreement with Horseshoe Acres Club, Inc. 8. Resolution 23, 1995 - Consideration to support legislation pending before the U.S. Congress to reform the Safe Drinking wWater Act. 9. Resolution 24, 1995 - Approval of Sunset Bay Plat One, BallenIsles PCD. 10. Resolution 27, 1995 - Consideration of Revision to authorized signatures re; wire transfers. 11. Resolution 28, 1995 - Ratifying and Approving an Employment Agreement between the City and S.E.I.U. for Fiscal Years. RESOLUTIONS: 6, 1995 Resolution 16, 1995- Consideration of Approval of Good Samaritan /St Mary's Health Care Pavilion Sign Package. Ron Kolins requested consideration of signage for the southeast elevation along the top band of the building CITY COUNCIL REGULAR MEETING, 3/2/95 PAGE 5 as had been granted for the Mediplex Building. The members of the City Council preferred that the sign be at the lower height proposed over the windows. Councilman Russo stated that the petitioner could return with a different sign proposal in the future. Mr. Kolins commented either the petitioner or the MacArthur Foundation would be requesting directional signs. Vice Mayor Monroe commented that this action would in no way affect the MacArthur Foundation's sign package. Consensus of the City Council was in favor of the 24 -inch letters at the lower location and that this resolution would be placed on the consent agenda at the next City Council meeting after amended drawings were submitted by the petitioner. RESOLUTION 26, 1995 Resolution 26, 1995 - Consideration of Approval for Paint Colors for R. J. Gators. Planning and Zoning Director Walton submitted pictures showing the colors that the petitioner had painted the building. Councilwoman Furtado made a motion to approve Resolution 26, 1995. Motion was seconded by Councilman Jablin. Motion carried 5 -0. RESOLUTION OF THE CITY COUNCIL SITTING AS LANDSCAPE COMMITTEE OF ADJUSTMENTS: RESOLUTION 25, 1995 Resolution 25, 1995 - Consideration of Approval of landscape variance for Church in the Gardens. Planning and Zoning Director Walton explained the CITY COUNCIL REGULAR MEETING, 3/2/95 PAGE 6 petitioner's request for a five foot wide landscape strip between the Church's eastern parking lot and Dasheen Avenue, and no landscape strip between the Church's western parking lot and I -95 in order to keep the parking spaces needed for the Church and and required by the City. He explained that the petitioner was also currently proceeding with a Site Plan review request for 30 additional parking spaces, therefore, Staff's recommendation was to approve the variance for the landscape strip adjacent to I -95 with the addition of two additional landscape islands and four additional trees, but to require that the Site Plan include the required 15 -foot buffer along Dasheen Avenue, which would eliminate four parking spaces from the proposed site plan. Pastor Sempsrott explained that a large attendance necessitated expansion of the church. Barbara Brodbeck, 3942 Flag Drive, stated she believed the church was impeding upon her property, protested against the trees proposed for removal, and stated she would like to work with the church. A church member commented that the church wanted to save as many trees as possible. Petitioner agreed to work out any problems with the neighbors. Motion was made by Councilwoman Furtado to approve Resolution 25, 1995 with one additional landscape island and four CITY COUNCIL REGULAR MEETING, 3/2/95 ORDINANCES: ORDINANCE 2, 1995 ORDINANCE 4, 1995 PAGE 7 additional trees to be installed along the interstate 95 property line. Motion was seconded by Councilman Jablin and carried 5 -0. Mayor Clark opened the Public Hearing, which was duly advertised 2/15/95 and held on the intent of Ordinance 2, 1995, amending Ordinance 14, 1994 which created the Education Advisory Board by amending Section 32.23(5) by adding Allamanda Elementary School. City Attorney Baird advised that Councilman Jablin's request to increase the number of members to 15 would need to be considered in a second amendment. There being no comments from the public, Mayor Clark declared the Public Hearing closed. Upon motion by Vice Mayor Monroe that Ordinance 2, 1995 be placed on second reading by title only and approved, seconded by Councilman Russo and unanimously carried, the City Clerk read, on second reading, Ordinance 2, 1995. Mayor Clark opened the Public Hearing, which was duly advertised 2/15/95 and held on the intent of Ordinance 4, 1995, repealing Section 93.26 of the Palm Beach Gardens Code entitled "Permit Required for Certain Hazardous Conditions which may be Hazardous" of Chapter 93, entitled "Fire Prevention" by creating a new Section 93.26 to be entitled "Fire Code Inspection CITY COUNCIL REGULAR MEETING, 3/2/95 -1- D and Special Details Fee schedule ". There being no comments from the public, Mayor Clark declared the Public Hearing closed. Upon motion by Vice Mayor Monroe that Ordinance 4, 1995 be placed on second reading by title only and approved, seconded by Councilwoman Furtado and unanimously carried, the City Attorney read, on second reading, Ordinance 4, 1995. COMMENTS BY THE PUBLIC Jeff Lis Jeff Lis requested that action be taken to revise the City Code regarding bonding requirements for on -site commercial development improvements of paving, drainage, sewer water, and landscaping. Mr. Lis explained that originally bonding was needed to insure infrastructure on lots purchased in residential subdivisions; however, that it was an unnecessary, expensive requirement for commercial industrial developments since in the event of default the City could not go onto that property to complete the infrastructure. Councilman Russo commented there would be a need for bonding in a whole commercial industrial subdivision, with which Mr. Lis agreed. It was the consensus of the City Council that a draft ordinance be prepared to be included with a staff review. CITY COUNCIL REGULAR MEETING, 3/2/95 PAGE 9 ORDINANCE 1, 1995 Mayor Clark declared the Public Hearing open, which was duly advertised 1/18/95, recessed from Regular Meeting of 2/2/95 and held on the intent of Ordinance 1, 1995 - Rezoning 734 Acres of land to Planned Community District, permitting a use to consist of 365 dwelling units and a 21 -hole golf course. Gary Brandenburg, agent for the petitioner, discussed fiscal analysis for the project and stated that the park site contribution should be allocated over a wider base within the City, proposing a lower number of full -time police and fire personnel being phased in over a longer period, allowing a positive cash flow for the City almost immediately. Mr. Brandenburg stated that backup had been provided showing the closest distance from the end of the north airport runway as 1.75 miles away from Gardens Country Club, outside the 65 LDN, and stated that petitioner still agreed to the Pratt Whitney disclosure statement. Mr. Brandenburg reported all environmental agencies had met with the City's consultants and petitioner's consultants, which had resulted in an agreement to widen one area of the wildlife corridor to a 200 -foot depth near the golf course maintenance facility. Linda Hughey, 9120 Reed Drive verified that the Police Department would be responsible for crimes in the CITY COUNCIL REGULAR MEETING, 3/2/95 PAGE 10 development rather than private security and expressed concern that because of the remote location that adequate emergency services could not be provided. Bruce Pelle, Director of Department of Airports for Palm Beach County, read from the agreement between the City and the County, "Palm Beach County and the community of Palm Beach Gardens will act to keep those areas between PGA National Resort Community and the proposed aviation facility in a land use category compatible with aircraft operation." Councilman Russo verified with Mr. Peale that his letter to the City had stated that by approving this project the City would not be in breach of that agreement. There being no further comments from the public, Mayor Clark declared the Public Hearing closed. Councilwoman Furtado expressed the following concerns: that she would want the park developed immediately if the project were approved, that she would like to see a Comprehensive Plan amendment reflecting a level of service to protect rural components of the City in the future, that this project would be located outside of the 65 LDN contour, that possible diverting of funds from other City funds to provide the extension of services to that area might be necessary, that she believed wildlife corridor concerns had not been fully CITY COUNCIL REGULAR MEETING, 3/2/95 PAGE 11 answered, and that she personally would like to see the outcome of the County's case before making a decision. Councilwoman Furtado requested a comparison of the 1980 County Comprehensive Plan and the City's Comprehensive Plan. Councilman Russo commented that fire and police services could be contracted for the development and Mr. Brandenburg responded that he agreed and believed that the response time did not need to be the same as in the rest of the City. Mr. Brandenburg felt that the City's Comprehensive Plan already had tiered levels of service since residents living nearer to the fire and police stations received shorter response times than those living farther out. City Attorney Baird stated that he did not agree with Mr. Brandenburg's analysis of tiered levels of service, but agreed that the Comprehensive Plan did establish an average level of service. Further discussion of levels of service and response times ensued. Vice Mayor Monroe pointed out that tax dollars generated by the project would apply to all City expenses not just to fire and police services amd received clarification from Mr. Brandenburg that the Fire Department was expected to respond immediately to any alarms but as soon as the situation was determined to be a false alarm by the private security firm that CITY COUNCIL REGULAR MEETING, 3/2/95 PAGE 12 dispatch would be notified to cancel the call. Vice Mayor Monroe pointed out that services needed to be in place even during construction. Vice Mayor Monroe received clarification from City Attorney Baird that in his opinion the fact that the Circuit Court Judge had stated that the City must abide by the 1980 Comprehensive Plan was relevant only as it applied to density, and that he believed the 1980 Plan was relevant according to Section 2 of the agreement. Attorney Baird stated that the City Council needed to make a finding of consistency based upon the Council's determination as to what provisions of the 1980 County Comprehensive plan applied and what provisions of the City's Comprehensive plan applied. Mr. Brandenburg pointed out that the vested rights agreement allowed the City to use their Comprehensive plan except for vested density and location. The fire sprinkler system was discussed. Councilman Jablin verified with Kim Glas that the Seacoast Utility agreement would have to be renewed annually. During a discussion of possible future litigation, Mr. Brandenburg stated he had been authorized by Mr. Cordani to inform the City Council that if they approved the project and a third party sued the City to challenge the approval that he would defend it on behalf of the City at no cost to CITY COUNCIL REGULAR MEETING, 3/2/95 PAGE 13 the City, holding the City harmless, and would enter into an agreement so stating if the Council wished. Mayor Clark stated that his concerns mirrored those already discussed as well as the proximity to the airport and to Pratt Whitney and also leap frog development, however, he believed that the vested rights agreement of 1993 must be honored. The City Council reviewed the Analysis of Consistency with the Comprehensive Plan prepared by staff and found that all items were either location related, were dealt with by the development order, or were the same type of problem that would be found with any community coming into the city and increasing population. Mr. Brandenburg verified that Gardens Country Club would take no action if the City established a lower level of service for that area. The City Attorney stated that a condition should state that any successor to Mr. Cordani's interests would also waive that right, and Mr. Brandenburg stated that would be included in their deeds if a tiered level of service were adopted prior to filing of their plat and covenants of deeds and restrictions. After further discussion, motion was made by Councilman Russo to place Ordinance 1, 1995 as amended, on second reading. Vice Mayor Monroe stated that she could not vote in favor of this CITY COUNCIL REGULAR MEETING, 3/2/95 PAGE 14 project since existing residents would possibly have to pay $180,000 in order to purchase a fire truck for the project, with which Councilwoman Furtado agreed. Councilman Russo commented that he believed the fire station would never be built since it would be much more cost effective to contract services with the County. There was no second to Councilman Russo's motion. Vice Mayor Monroe made a motion to place Ordinance 1, 1995 as amended, on second reading provided that the following conditions be added: "The Petitioner has acknowledged that the City may amend its Comprehensive Plan to provide for tiered levels of service to areas which may be located outside the city's present urban services boundary. In the event the City does amend its Comprehensive Plan to provide for a tiered level of service, the Petitoner, its successors and assigns by virtue of having received this Development Order and reliance upon a tiered level of service hereby waives any and all legal, equitable, and /or administrative claims it may have or has had regarding the City's decision to provide the lower level of service to the project by adopting the tiered level of service approach. Further, that Petitioner agrees to incorporate a covenant in its Declaration of Covenants whereby property owners agree CITY COUNCIL REGULAR MEETING, 3/2/95 PAGE 15 to waive any and all challenges to the tiered level of service approach contemplated by the City." Also, condition number 35 would read "Petitioner hereby agrees to defend and hold harmless the City from any and all legal, equitable, and /or administrative actions, causes of actions or lawsuits brought by third party challengers to the adoption of this Development Order." Also, a condition would be added stating within 30 days of approval of the D.O. that petitioner shall submit a revised master plan with the golf maintenance facility shifted 200 feet away from POD "N" and this revised master plan shall be submitted for review and approval by the City Staff. Also that the figure of $60,000 in condition number 5 be changed to $200,000 ($180,000 fire, $20,000 police equipment) for the capital improvement cost of public safety equipment. Motion was seconded by Councilwoman Furtado. Motion passed 5 -0. ADJOURNMENT There being no further business to discuss, motion was made by Councilman Russo, seconded by Vice Mayor Monroe, and unanimously approved to adjourn the meeting at 11:30 P.M. CITY COUNCIL REGULAR MEETING, 3/2/95 APPROVAL *a—o MAYOR DAVID CLARK VICE MAYO IN PA NROE s FAUN LMAN RUSSO COUNCILMAN ERIC JABIIIN COUNCILWOMAN LAUREN FURTADO ATTEST: c � � LINDA V. KOSIER, CMC, CITY CLERK Da!_F 1 f