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HomeMy WebLinkAboutMinutes Council 071802CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING July 18, 2002 The July 18, 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. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Vice Mayor Sabatello, Councilmember Clark, and Councilmember Delgado. Councilmember Russo was absent from the meeting. ADDITIONS, DELETIONS, MODIFICATIONS: Mayor Jablin announced that additions were for a presentation that did not need a motion and for an addition to the consent agenda. Councilmember Clark made a motion to add item C, Resolution 124, 2002 to the consent agenda. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. ANNOUNCEMENTS /PRESENTATIONS Budget Presentation — Finance Director Allan Owens made the budget presentation and explained that the main purpose of this meeting was adoption of Resolution 119, 2002, to establish the proposed millage rate for fiscal year 2002/2003. Proposed budget amounts for revenue and expenditures were reviewed for each department and an increased millage rate was recommended. Projected revenues, expenditures, and reserves through 2007 were presented. The amount to be transferred to the golf course account was recommended to be increased. A workshop was proposed to be held preceding the City Council meeting on August 15 at 5:30 p.m., with a community information meeting a week later. Budget hearings were recommended for September 4 at 7 p.m. and September 18 at 7 p.m. Staff recommended approval of Resolution 119, 2002 which sets the maximum operating millage rate of 5.9067 and the debt millage rate of .3443, and establishes the first budget hearing for September 4. Annexation and Urban Services Report —Senior Planner Kara Irwin presented the report that was required for annexation of Garden Oaks, Mary Circle, and Sunset Drive as set forth in Resolution 116, 2002. Each of the three areas was described and annexation requirements were reviewed. Staff recommended approval of Resolution 116, 2002 and initiation of the formal annexation process. Drainage improvements and code enforcement concerns were discussed. It was reported that Garden Walk had also expressed interest in being annexed. Terrence Brady from Garden Oaks indicated the residents of Garden Oaks were happy to be annexed into the City. ITEMS & REPORTS BY MAYOR AND COUNCIL: Vice Mayor Sabatello questioned the status on drainage to which staff responded that work had been started. There would be a meeting for residents on August 29, and the first two priority areas plus a secondary canal would be improved. The Vice Mayor requested the numbers on crime be addressed at the next meeting. Councilmember Delgado reported the CITY OF PALM BEACH GARDENS REGULAR MEETING, 7118/02 2 appointees to the Parks & Recreation Board had worked out well, which was confirmed by staff. The City Manager indicated the lobbyist report would be made on a periodic basis when there was something to report. Councilmember Clark reported an application had been received for the vacancy on the Beautification and Environmental committee. Councilmember Clark reported that at the MPO meeting there had been a compliant regarding I -95 noise walls, and the walls might be re- designed by DOT for better noise protection. Proposed turnpike interchange improvements had been discussed for various locations and the PGA Boulevard interchange expansion was still proposed to be to the west with the exception of a Sunpass lane. Councilmember Clark reported that DOT had indicated they would like to add a couple of toll booths, for which right -of -way would need to come from the Mirasol project, and requested that the City Council keep this in mind when that project came before them. Councilmember Clark also reported that DOT was still meeting with Steeplechase residents regarding the Beeline Highway interchange design, that the City was still objecting, and that there was currently no funding for this project. Mayor Jablin welcomed new residents to the City. Mayor Jablin reported the Blue Ribbon panel had met and discussed funding for drainage improvements. COMMENTS FROM THE PUBLIC: John Rose, 4401 Holly Drive, volunteered to provide information regarding an acoustic seminar and requested that someone from the City attend to learn more about how noise traveled in order to improve the I -95 noise walls. Pat Hughey, Reed Drive, extended an invitation to attend a free one -day program on business ethics on July 31, sponsored by the Palm Beach County Character Council, to be held at the County Commission Building. John Gary, an attorney representing 11 developers of undeveloped property along PGA Boulevard outside the mall, reported that the County was having their comprehensive plan transmittal hearing next Wednesday regarding the PGA CRALLS, and explained that the effect of the proposed amendment would be to add additional restrictions to the CRALLS which would put every developer on PGA Boulevard at risk. Mr. Gary explained that the Land Use Advisory Board had voted 6 -4 that the CRALLS not be amended, and commented this item only affected Palm Beach Gardens and they needed to respond at the hearing. Discussion with the City Council and City Engineer ensued regarding how the CRALLS worked in regard to linkage roads, and regarding the proposed language. Consensus of the City Council was that the Mayor send a letter to the County Commission stating the City did not support the language because it was unclear and the City would adhere to it's own policy. Councilmember Delgado indicated she would attend the hearing. Attorney Gary reported the developers had sent $25,000 to the City for updating the traffic analysis, explained the need for a PGA Corridor Master Plan, and reported that the language the County proposed for its comprehensive plan would affect the entire county and significantly impact all the municipalities. Staff confirmed the proposed language would limit the City's home rule over its own municipality. It was the consensus of the City Council to send a letter of opposition. The City Manager stressed the importance of as many City Councilmembers as possible to attend the hearing. CONSENT AGENDA: Councilmember Clark made a motion to approve the consent agenda. Councilmember Delgado seconded the motion. Motion carried by unanimous 4 -0 vote. CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/18/02 3 a. Resolution 104, 2002 — Appointing an Alternate Member to fill a vacancy on the Planning & Zoning Commission. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, appointing one alternate member to the City of Palm Beach Gardens Planning and Zoning Commission; and providing for an effective date. b. Resolution 105, 2002 - Tanglewood West Road Closure. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, authorizing the temporary closure of the southern portion of Tanglewood West road for construction activities; providing for conflicts; providing for severability; and providing for an effective date. C. Resolution 116, 2002 — Garden Oaks, Mary Circle, Sunset Drive Annexation Urban Service Report. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, accepting the urban services report for the annexation of Garden Oaks, Mary Circle, and Sunset Drive and directing City Staff to file the report with the board of county commissioners; providing for conflicts; providing for severability; and providing for an effective date. d. Resolution 119, 2002 — Millage Rate. Consider adopting a proposed maximum millage rate for the City of Palm Beach Gardens for fiscal year 2002/2003; setting the date, time and place of the first budget hearing. PUBLIC HEARINGS: Ordinance 29, 2002 —An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the comprehensive plan of the City of Palm Beach Gardens by revising tables 11 A and 11B of the public school facilities element; Providing for transmittal; providing for adoption; providing for codification in the comprehensive plan; providing for severability; providing for conflicts; and providing for an effective date — for consideration of first reading. Principal Planner Talal Benothman presented the City - initiated ordinance. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 29, 2002. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place Ordinance 29, 2002 on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 29, 2002 on first reading by title only. Ordinance 3, 2002 —An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Gables East Construction, Inc. for approval of a rezoning of an approximately 240.65 acre parcel of land to Planned Community District (PCD) Overlay Zoning with underlying zoning of RL -3 (Residential Low) to allow for 450 multifamily dwelling units, 200 single family units, and 146 assisted living facility units and accessory structures located on the west side of the Ronald Reagan Turnpike, south of Northlake Boulevard and north of the Beeline Highway, 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 — for consideration of second reading.. Senior Planner Kara Irwin presented the project. Henry Skokowski spoke on behalf of the applicant. Vice Mayor Sabatello requested the roofline be softened where it could be viewed from Northlake Boulevard. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 3, 2002. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/18/02 4 motion to adopt Ordinance 3, 2002 on second reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 3, 2002 on second reading by title only. Ordinance 21, 2002 —An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application for a rezoning of approximately 11.11 - acre parcel of land from General Commercial (CG -1) to a Planned Unit Development (PUD) Overlay Zoning District with a underlying zoning of General Commercial (CG -1), known as "PGA Plaza," by approving the renovation of the parking and landscape areas to accommodate the intersection improvement of PGA Boulevard as required by the Regional Center DRI Development Order on the site located on the southwest corner of the intersection of PGA Boulevard and Prosperity Farms Road, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date - for consideration of second reading. Senior Planner Kara Irwin presented the project. George Gentile spoke on behalf of the petitioner. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 21, 2002. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to approve Ordinance 21, 2002 upon second reading by title only. Councilmember Delgado seconded the motion. Vice Mayor Sabatello stated he would vote against the motion because he believed there should be no curb cuts in front of the plaza. Motion carried by 3 -1 vote, with Vice Mayor Sabatello opposed. The City Clerk read Ordinance 21, 2002 on second reading by title only. Ordinance 26, 2002 — An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the Land Development Regulations of the City of Palm Beach Gardens by adopting a four -lane cross section for PGA Boulevard west of the avenue of the champions and revising the existing six -lane cross - section to apply to the segment west of the Turnpike and east of the Avenue of the Champions; Providing for transmittal; providing for adoption; providing for codification in the City Code of Ordinances; providing for severability; providing for conflicts; and providing for an effective date — for consideration of second reading. Principal Planner Talal Benothman presented the staff - initiated amendment. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 26, 2002. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to approve Ordinance 26, 2002 upon second reading by title only. Councilmember Delgado seconded the motion. Motion carried by unanimous 4 -0 vote. The City Clerk read Ordinance 26, 2002 on second reading by title only. RESOLUTIONS: Resolution 101, 2002 — A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Woolbright Development, Inc., for an amendment to the "Crossroads at Northlake" shopping center, located at the southeast corner of Interstate 95 and Northlake Boulevard, to allow for the elimination of 36,500 square feet of previously approved, unbuilt anchor tenant space, the addition of 600 square feet to a 5,000 square -foot previously approved, unbuilt out - parcel, an additional 8,000 square feet of anchor tenant space, modifications to the parking lot, and facade renovations on an approximately 21.02 -acre portion of the "Crossroads at Northlake" shopping center, as more particularly described in Exhibit "A" attached Hereto; providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/18/02 5 date. Senior Planner Ed Tombari presented the project. Henry Skokowski spoke on behalf of the applicant. Councilmember Clark made a motion to approve Resolution 101, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. ITEMS FOR COUNCIL ACTION: La- Z- Boy ppeal — Growth Management Director Charles Wu explained that Bennigan's Restaurant had been denied based on the designated use of specialty retail for this property. La -Z -Boy representative, Alan Maxler, real estate agent for Colwell Banker, requested approval for Bennigan's on this site. Don Hardy, President of ADF Companies, disagreed with the denial based on his belief that the code was broad enough to include a casual upscale restaurant operation on this site. Michael Gross, Vice President of Operations for ADF Companies, provided informational handouts and a menu for Bennigan's restaurant, and reviewed the company's operations and charitable work. Mayor Jablin and Councilmember Clark commented that their intent was not to have a restaurant on this site. Bennigan's was encouraged to submit an application for another location within the City. Councilmember Clark moved to deny the request. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. ITEMS FOR DISCUSSION: Workshop - News -rack Regulations - Code Enforcement Director Kelvin Wise provided a presentation and a staff recommendation that newsracks be provided and maintained by a third party. Council support was expressed to have the regulations apply citywide and to have pre - selected newsrack locations. John Roads commented that locations could be proposed by those responding to an RFP. Growth Management Director Charles Wu explained that a lengthy process by staff would need to take place before selection of sites was approached. Staff was advised to move at their own pace and take time to work this out. A representative of Palm Beach Post and the Miami Herald indicated their concern was who would build the modular racks and take over the project, since none of the newspapers or the manufacturer of the modular racks would want to do that. An alternative of keeping individual racks with uniform color and the newspapers policing themselves was suggested. Randy Cox, representing the Sun Sentinel, explained that the free publications placing their different racks and not taking care of them was the problem, and that no newspaper would be responsible for all the racks at a location, or for installing a curb. Direction to staff was to see if there were companies who would respond to the RFP. Workshop - Stealth Tower - Senior Planner Edward Tombari made a presentation which included additions to the LDR language to only allow one tower per PUD of 50 acres or more; to add that in a residential PUD there must be 500 feet minimum from base of tower to nearest residential structure; to require adherence to all standards within the wireless telecommunication facilities ordinance, and to give the City Council waiver powers consistent with the LDR's. Tower lot line would be defined as the lease line for the tower site. It was clarified that the only type of tower allowed would be a stealth tower, that a clubhouse was not considered a residential unit but that could be changed, and that flags were already covered. The Westwood Gardens stealth tower was discussed. CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/18/02 6 ADJOURNMENT: l There being no further business to discuss, the meeting was adjourned at 11:30 p.m. APPROVAL: / =�J MA VICE MAYOR SABATELLO