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HomeMy WebLinkAboutMinutes Council 053002CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING May 30, 2002 The May 30, 2002 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. A moment of silence was observed for Ground Zero. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Eric Jablin, Vice Mayor Carl Sabatello, Councilmember Joseph R. Russo and Councilmember Delgado. Councilmember David Clark was absent from the meeting. Mayor Jablin welcomed Patty Snider, the new City Clerk. RE -ORDER AGENDA: Councilmember Russo made a motion to next hear the item regarding North County Traffic. Motion was seconded by Councilmember Delgado and carried by unanimous vote. CITY MANAGER REPORT: North County Traffic Discussion Relating to TPSO — City Engineer Dan Clark made a presentation and reported that the handout included issues that had been raised by the North County Intergovernmental Committee. Mayor Jablin reported the forbearance agreement had reduced densities, which should affect traffic. It was reported the developers had agreed to fund a traffic study. Mayor Jablin recommended holding a workshop on traffic performance standards. County Commissioner Karen Marcus explained the County Commission was trying to fix the law that did the double counting and double giving away of trips so that capacity would not run out and the last projects to come in could still be built, and that Palm Beach Gardens was a part of the process because they had developers who could not build. Councilmember Russo requested the City hire the person to do the traffic study. Discussion ensued. John Gary explained that the study would be done as if all roads and all development on PGA Boulevard were finished, and after the final numbers were known an agreement could be worked out with the county and Commissioner Marcus. Councilmember Russo wanted to know which projects would fail. Commissioner Marcus suggested Jupiter might share information from their traffic study with the city since this was not just a Palm Beach Gardens issue. The City Manager was directed to schedule a workshop when all councilmembers could attend. The development community through John Gary was requested to proceed with the study. PRESENTATIONS: AlA Construction - City Engineer Dan Clark discussed the AlA road widening, which was fully funded by Catalfumo, DiVosta, and WCI, and it was explained that some landscaping could be placed within the railroad right -of -way. Design Services for District Park - Three finalists in a park design competition made presentations: David Barth from Gladding Jackson; Rick Gonzales from REG Architects; and George Botner and other team members with CH2M Hall, which recently merged with CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/30/02 2 Gee & Jenson. Each presented their concepts for the district park. It was noted that this would be a county park which would be located within the city. ITEMS & REPORTS BY MAYOR AND COUNCIL: No items were presented due to the lateness of the hour. COMMENTS FROM THE PUBLIC: Pat Hughey, Reed Drive, asked questions regarding the Blue Ribbon Committee. Mayor Jablin responded that the committee was appointed and responsible to the City Council, and was not intended to replace the GNA. Ms. Hughey commented that the Police and Fire memorial program was very good. Tory Buckley indicated he had been a volunteer in recreational activities for the City for the past six years and served as a member of the Parks and Recreation Advisory Board. Mr. Buckley reported he had been very embarrassed to have been removed from that board for unexcused absences, when in fact the absences had been excused by the Chairman. Mayor Jablin requested this item be discussed at the next City Council meeting so that there would be time to find out exactly what had happened and put it into writing. CONSENT AGENDA: Vice Mayor Sabatello made a motion to approve the consent agenda minus item g and item h. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. a. Consideration of approving Minutes from the May 2, 2002 Regular City Council Meeting. b. Resolution 75, 2002 — Assessment Agreement PGA Flyover. Consideration of approving an agreement with Gary R. Nikolits, as Palm Beach County Property Appraiser. C. Resolution 77, 2002 — Assessment Agreement PGA Flyover. Consideration of approving an agreement with Palm Beach County Information System Services (IS S) and Gary R. Nikolits, as Palm Beach County Property Appraiser. d. Resolution 78, 2002 — Joint Participation and Project Funding Agreement with Seacoast Utility Authority. Consideration of approving a Joint Participation and Project Funding Agreement with Seacoast Utility Authority relating to the widening of the western portion of Burns Road. e. Resolution 84, 2002 — Agreement with DCA for $350,000 of Grant Monies. Consideration of approving a Disaster Relief Funding Agreement with The Department of Community Affairs for $350,000 in Grant Funds for Plat 4 Drainage Improvements. f. Resolution 79, 2002 - Awarding Bid for Brush Truck Chassis. Consideration of approval for the purchase of one AM Jeep Truck Model M932 from White Owl Parts Co., Inc. for use as a Fire Brush Unit. g. Resolution 65, 2002 — Mirasol Parcel 12 — 38 Single - Family Custom Home Lots. Consideration of approval of a site plan to allow for the development of 38 custom homes, known as Mirasol Parcel 12, located within the Mirasol Planned Community District (PCD). Councilmember Sabatello indicated he had requested item "g" be pulled because he had a conflict since a company with which he was affiliated had a contract to purchase on this property and therefore he needed to abstain from voting. Mayor Jablin commented this item would be brought back. CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/30/02 3 h. Resolution 69, 2002 — Mirasol Parcel Six -Plat. Consideration of approving the Mirasol Parcel Six Plat. Senior Planner Edward Tombari explained that condition 3 had been deleted and superceded by condition 2, which expanded access to entities other than the HOAs, such as Northern Palm Beach Improvement District, which might have some control over a water easement. Councilmember Russo made a motion to approve Resolution 69, 2002. Vice Mayor Sabatello seconded the motion, which carried 4 -0. i. Resolution 74, 2002 — Skate Park Amendment FRDAP. Consideration of approving Amendment 1 to the Florida Recreation Development Assistance Program (FRDAP) Funding Agreement for Skate Park — Plant Drive Park (DEP Contract Number F1362). j . Vehicle Towing Services Contract — Consideration of approving an additional 90 -day extension to the vehicle towing services contract with Kauff's Towing. k. Resolution 82, 2002 - First Amendment to NPDES Interlocal Agreement with Northern Palm Beach County Improvement District. Consideration of approving a First Amendment to the National Pollutant Discharge Elimination System ( "NPDES ") Interlocal Agreement between Northern Palm Beach County Improvement District and the City of Palm Beach Gardens. 1. Proclamation — "Recognizing an official Keep America Beautiful Liberty Garden ". m. Consideration of items pulled from Consent Agenda. PUBLIC HEARINGS: Ordinance 14, 2002 — Mayor Jablin declared the public hearing open, held on the intent of Ordinance 14, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Ordinance 18, 2001, and approving an amendment to the Mirasol Planned Community District (formerly known as Golf Digest) by amending conditions of approval relating to Park Improvements, CPTED Principles, Bonding of Infrastructure and Landscaping Improvements; and requiring a mechanism for rear yard access and reconfiguring a lake parcel at the site, located between PGA Boulevard and Hood Road, and Florida's Turnpike and the C -18 Canal, as more particularly described herein; providing for severability; providing for conflicts; and providing for an effective date — for consideration of second reading. Councilmember Russo made a motion to continue Ordinance 14, 2002 to a date certain of June 20, 2002. Vice Mayor Sabatello seconded the motion, which carried by 3 -0 vote. Ordinance 23, 2002 — PGA Commons Parcel 2 Time Extension -An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of the extension of the build out date for concurrency certification for the property located at the southwest corner of PGA Boulevard and Hickory Drive, known as "PGA Commons Parcel 2" Planned Unit Development; amending Ordinance 8, 1999 to revise a condition of approval and add a new condition of approval; providing for conflicts; providing for severability; and providing for an effective date — for consideration of second reading; and Ordinance 24, 2002 — PGA Commons Parcel 3 Time Extension An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of the extension of the build out date for concurrency certification for the property located at the southeast corner of PGA Boulevard and Hickory Drive, known as "PGA Commons Parcel 3" Planned Unit Development; CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/30/02 4 amending Ordinance 9, 1999 to revise a condition of approval and add a new condition of approval; providing for conflicts; providing for severability; and providing for an effective date — for consideration of second reading. Planner Kara Irwin announced that the staff presentation included both Ordinance 23, 2002 and Ordinance 24, 2002. In response to parking concerns, staff indicated they would monitor the situation. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 23, 2002. Henry Skokowski stated he was available to answer questions. Hearing no further comments, Mayor Jablin declared the public hearing closed. Mayor Jablin declared the public hearing re- opened. A resident questioned how parking could be limited in phases 2 and 3. Response from staff was they would work more closely with the developer and builder to assure the uses did not change. Mayor Jablin declared the public hearing closed. Councilmember Russo moved that Ordinance 23, 2002 be placed on second reading and approved with May 20, 2002 as the date of the traffic study. Vice Mayor Sabatello seconded the motion, which carried 3 -0. The City Clerk read Ordinance 23, 2002 by title only on second reading. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 24, 2002. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Russo moved that Ordinance 24, 2002 be placed on second reading and approved. Vice Mayor Sabatello seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 24, 2002 by title only on second reading. Ordinance 18, 2002 — Mayor Jablin declared the public hearing open, held on the intent of Ordinance 18, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending section 62 -2, "Obstructions Prohibited," of Article I, "In General," of Chapter 62, "Streets, Sidewalks and Certain Other Public Places," of The City Code of Ordinances to authorize temporary, interim or partial closure ofpublicly dedicated streets and rights -of -way; providing for codification; providing for severability; providing for conflicts; and providing for an effective date — for consideration of second reading. Councilmember Russo moved that Ordinance 18, 2002 be placed on second reading and approved. Vice Mayor Sabatello seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 18, 2002 by title only on second reading. Ordinance 22, 2002 — Mayor Jablin declared the public hearing open, held on the intent of Ordinance 22, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment of the City of Palm Beach Gardens budget for the fiscal year beginning October 1, 2001, and ending September 30, 2002, inclusive; providing for conflicts; providing for severability; and providing for an effective date — for consideration of second reading. Councilmember Russo moved that Ordinance 22, 2002 be placed on second reading and approved. Vice Mayor Sabatello seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 22, 2002 by title only on second reading. RESOLUTIONS: Resolution 175, 2001 — Principal Planner Steve Cramer presented a request to adopt a Citywide Traffic Calming Policy for evaluating traffic calming requests for City streets. The City Attorney advised that Councilmember Russo and Vice Mayor Sabatello both had conflicts of interest Mayor Jablin announced this item would be placed on the next agenda. Resolution 64, 2002 — Senior Planner Edward Tombari presented a request for an amendment to the NorthMil Plaza Site Plan to provide for the development of "Future Development Out - Parcel One ". Annie Marie Delgado made a motion to approve Resolution CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/30/02 5 64, 2002. Carl Sabatello seconded the motion, which carried by unanimous 4 -0 vote. Resolution 72, 2002 — A site plan application for "Parcel 4A" with a total of 109 single - family units and 69 multi - family units within the Evergrene PCD. Annie Marie Delgado made a motion to approve Resolution 72, 2002. Joe Russo seconded the motion, which carried by unanimous 4 -0 vote. Resolution 80, 2002 — Creating a blue ribbon panel to examine quality of life issues facing the City and make recommendations to the City Council as to how to remedy such issues. Annie Marie Delgado made a motion to approve Resolution 80, 2002. Consensus was to change "Mayor" to "Mayor Jablin" to assure continuity. Carl Sabatello seconded the motion, which carried by unanimous 4 -0 vote. Resolution 81, 2002 — Consideration for approving a budget for the Burns Road Widening Project and authorizing the expenditure of funds asset forth therein. Annie Marie Delgado made a motion to approve Resolution 81, 2002. Carl Sabatello seconded the motion, which carried by unanimous 4 -0 vote. ORDINANCES: Ordinance 20, 2002 — Planner Jackie Holloman presented Ordinance 20, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of the application of Forest Lake Associates, L.C., San Michele -Palm Beach Limited Partnership, and Gordon Homes, Inc. for approval of an amendment to Ordinance 4, 2000, to permit minor changes to the size, location, and configuration of drainage easements and lakes, approval of a temporary sales center and modification of side and front setbacks for selected lots within the 64.47 -acre "San Michele" Planned Unit Development (PUD) located at the northwest corner of Central Boulevard and Hood Road and more particularly described herein; providing for conditions of approval; providing for waivers; providing for conflicts; providing for severability; and providing for an effective date — for consideration of first reading. Councilmember Russo made a motion to place Ordinance 20, 2002 on first reading by title only. Vice Mayor Sabatello seconded the motion. During discussion of the motion, the applicant requested modification of the request to allow only the side loaded garages to have a 20 -foot setback, with front - loaded garages maintaining 25' setback. The Council indicated they would not accept this change; however, the applicant was advised this was first reading and changes might be made before second reading. Motion carried by unanimous 4 -0 vote. The City Clerk read Ordinance 20, 2002 on first reading by title only. ITEMS FOR DISCUSSION: Conceptual Study and Design For MacArthur Boulevard Traffic Calming and Roadway Improvements. Discussion included coming up with a cost for the project that was realistic by plugging in the county's contribution and the city's contribution, going ahead with less costly measures, and meeting with the residents. Carol Estrada was advised she could tell the residents that the City Council was taking action. The City Manager was directed to meet with the City Engineer to come up with the least expensive plan possible. Occupational License Tax and Amendment to the Occupational License Codes. Code Enforcement Administrator Kelvin Wise indicated staff was proposing to make rates fair and equitable across the board, not necessarily to raise rates. Councilmember Russo advised rates were last raised in the mid 90's, and requested that information be researched. Carl Sabatello made a motion to direct Mr. Wise to proceed. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. CITY OF PALM BEACH GARDENS REGULAR MEETING, 5130102 6 July 4th City Council Meeting — Consensus was to change the date of the July 4, 2002 City Council meeting to July 11, 2002. CITY ATTORNEY REPORT: The City Attorney advised that the status of the Vavrus case was that the 4th District Court of Appeals was to rule on the original appeal from the Code Enforcement Board. ADJOURNMENT: There being no further business to discuss, t eeting was adjourned at 11:15 p.m. APPROVAL: MAYOR VICE MAYOR CARL SABATELLO