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HomeMy WebLinkAboutMinutes Council 090402CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING September 4, 2002 The September 4, 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. 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, Councilmember Russo, and Councilmember Delgado. ADDITIONS, DELETIONS, MODIFICATIONS: It was announced that Ordinance 32, 2002 regarding Parcel 31 Old Palm Golf Club Planned Community District would be continued to 9/18/02. ANNOUNCEMENTS / PRESENTATIONS: "Good Neighbor Da)' Award Ceremony — Mayor Jablin announced he had given out roses at City Hall that day and that Flower Kingdom had given away 20,000 roses. Three finalists were presented for the Good Neighbor of the Year Award, sponsored by Councilmember Delgado as a Chamber of Commerce member. The finalists were Tony Nelson, DeAnna Sharpo, and Joe Vitalli. "Fireman Joe" was the winner of Flower Kingdom Good Neighbor of the Year award. ITEMS & REPORTS BY MAYOR AND COUNCIL: Councilmember Delgado reported the Florida League of Cities Annual Conference held in Boca Raton had been a great success. Councilmember Clark reported progress on the environmental brochure and that the Environmental and Beautification Committee should be presenting a layout for approval by City Council in a month or two. Mayor Jablin reported he had attended the 102"d birthday party of resident Ruth Meade. Councilmember Russo requested the agenda be changed to move the budget hearing immediately following the consent agenda, and made a motion to do so. Councilmember Clark seconded the motion, which carried by unanimous 5 -0 vote. CITY MANAGER REPORT: Conceptual Study and Design For Macarthur Boulevard Traffic Calming and Roadway Improvements — City Manager Ron Ferris reported meeting with a group of neighborhood residents regarding this issue. City Engineer Dan Clark explained that the goals were to slow and discourage traffic on Macarthur Boulevard and described the following proposed improvements, developed with minimal impact to existing drainage: a circle around the banyan tree, on- street parking, and additional crosswalks. Vice Mayor Sabatello requested changes to the proposed circle around the banyan tree for safety. Councilmember Russo indicated Commissioner Marcus was interested in helping fund the project but had not yet committed dollars. Councilmember Clark reported the neighborhood meeting had been well attended and input received. The input from residents had included concerns regarding safety of the traffic circle, a resident had requested the proposed on- street parking near the ball fields be eliminated, residents also objected to any further ingress /egress onto Macarthur Boulevard from the proposed development on Northlake Boulevard, residents had requested signs that trucks not come through, and suggestions were made to beautify the intersections CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/4/02 at Lighthouse Drive and Holly, and at Lighthouse Drive and Macarthur Boulevard. It was reported that Former Mayor Mike Martino had suggested the city purchase the property at the northeast corner of Northlake Boulevard and Macarthur Boulevard to expand the park and ball field areas. Discussion ensued, including a suggestion to bring this item to the Blue Ribbon committee and a report that the Blood Bank had purchased all of the property on the west side of Macarthur Boulevard and planned another building and a sculpture garden entrance feature. John English, 320 Riverside Drive, expressed concern that the proposed traffic circle would not work and requested that the members of the City Council walk the area. Mike Martino, 320 Balsam, reported traffic had increased substantially over the past few years from development on Alternate A I A and Northlake Boulevard, and asked that the large picture be considered. Mr. Martino asked that the City Council consider purchasing the northeast corner property to reduce traffic, density, and intensity. Staff was directed to bring this matter to the Parks & Recreation Advisory Board for consideration of packaging this parcel with other recreation improvements to be presented to the residents at a March 2003 referendum, and to look at traffic calming at the intersections of Holly and Lighthouse Drive and Macarthur Boulevard and Lighthouse Drive. COMMENTS FROM THE PUBLIC: Donna Brosner, District 83 candidate for State House, indicated she would be happy to represent the city in Tallahassee if elected, and explained that this would be the general election for this seat. CONSENT AGENDA: Item (e) was pulled from the consent agenda. Councilmember Clark made a motion to approve the consent agenda with item (e) pulled. Councilmember Delgado seconded the motion. Motion carried by unanimous 5 -0 vote. The following items were approved: a. Consideration of approving Minutes from the August 1, 2002 Regular City Council Meeting. b. Consideration of approving Minutes from the August 1, 2002 Workshop City Council Meeting. C. Consideration of approving Minutes from the August 15, 2002 Regular City Council Meeting. d. Consideration of approving Minutes from the August 15, 2002 Workshop City Council Meeting. f. Resolution 123, 2002 — Agreement with Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc. for Continuing Parks Planning and Design Services. Consideration for approving a Professional Service Agreement with Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc. g. Resolution 139, 2002 — Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc. Consultant Service Authorization No. 1/Existing Parks Improvements (City Project no. 2002 -022). Consideration for approving Consultant Services Authorization No. 1 with Glatting Jackson Kercher Anglin Lopez and Rinehart, Inc. for professional services related to existing parks improvements. h. Resolution 142, 2002 — Surplus Computer Equipment Donated to Gary Carter Foundation. Consideration of declaring obsolete computer equipment to be surplus property and authorizing the donation of such property to charity. i. Resolution 148, 2002 — Agreement with FDOT for receiving Highway Safety Grant Funds for the Police Department's Aggressive Driving Project. Consideration fro CITY OF PALM BEACH GARDENS REGULAR MEETING, 914102 3 approving an agreement with the Florida Department of Transportation (FDOT) to receive Highway Safety Grant Funds for Fiscal Year 2003 for the Palm Beach Gardens Police Department's Aggressive Driving Project. j. Resolution 149, 2002 — Agreement with FDOT for receiving Highway Safety Grant Funds for the Department of Public Works Computerized Sign System Project. Consideration for approving an agreement with the Florida Department of Transportation to receive Highway Safety Grant Funds for Fiscal Year 2003 for the Palm Beach Gardens Department of Public Works Computerized Sign System Project. k. Resolution 154, 2002 — Old Palm Plat One Plat. Consideration for approving the Old Palm Plat One Plat. 1. Resolution 155, 2002 — Mirasol Parcel F Replat No. 1. Consideration for approving the Mirasol Parcel F Replat No. 1. m. Resolution 156, 2002 — Sale of Fire Station No. 4 to Devonshire Associates, Ltd. Consideration for approving the sale of Fire Station No. 4 to Devonshire Associates, LTD. And authorizing the Mayor and City Clerk to execute all documents necessary to effectuate the sale of the property. n. Resolution 157, 2002 - Agreement with Oaks East HOA for Construction Improvements Relating to Burns Road. Consideration for approving an agreement with The Oaks East Homeowner's Association. o. Resolution 158, 2002 — Agreement with LBFH, Inc. to proceed with the design of the intersection of Alternate AIA and Kyoto Gardens Drive including the FEC Rail Crossing. PUBLIC HEARINGS: Ordinance 34, 2002 — Fiscal Year 2003 Budget - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, adopting a budget for the City of Palm Beach Gardens for the fiscal year commencing October 1, 2002 and ending September 30, 2003; providing for conflicts; providing for severability; and providing for an effective date — for consideration of first reading. Finance Director Allan Owens presented the staff report and announced the proposed overall combined millage rate of 6.2500 mils, an 11.97% increase over the rollback rate. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 34, 2002. Julia Byrd, Daffodil Circle, requested clarification on the status of the district park, to which staff responded the city currently had no commitment to provide dollars to develop the park, and a consultant would provide a presentation on the 23rd regarding potential cost and using money provided by others. Other items discussed by Ms. Byrd was $425,000 allotted to legal fees, which she indicated was an increase of $50,000 over the prior year; and a line item called other operating in the City Council budget which had increased over $101,000. Staff responded to the items questioned. Ms. Byrd expressed her opinion that there was no need to increase the operating millage rate and that the budget was inflated and padded. Joan Elias, 1009 Diamond Head, congratulated those who had worked on the budget. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to adopt a tentative millage rate of 6.2500 mils for Fiscal Year 2002 -2003. Councilmember Delgado seconded the motion. During discussion of the motion, staff responded to questions regarding storm water, golf course income, and improving existing landscaping in medians. The Vice Mayor CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/4/02 4 recommended future acquision of a street sweeper, and stated he would not support this motion because he wanted to see the roll back rate lowered. Councilmember Russo predicted there might be future increases in the roll back rate with lower millage rates. Vice Mayor Sabatello commented he would like to see the millage rate reduced. Discussion ensued. Motion carried by 4 -1 vote with Vice Mayor Sabatello opposed. Councilmember Clark made a motion to announce that the proposed millage rate exceeded the roll back rate by 11.97 % and to place Ordinance 34, 2002 on first reading by title only. Councilmember Delgado seconded the motion. Motion carried by 4 -1 vote, with Vice Mayor Sabatello opposed for the reason previously stated. The City Clerk read Ordinance 34, 2002 by title only on first reading. Problems with the City's golf course were discussed. The second and final budget hearing was announced for Sept 18, 2002 in the Council chambers. Ordinance 44, 2001 — Christ Fellowship North Campus Amendment; Ordinance 2, 2002 - Christ Fellowship South Campus Conditional Use Amendment; and Resolution 4, 2002 - Christ Fellowship South Campus Site Plan Amendment — Mayor Jablin announced that these three items would be considered together and the public hearings had been continued from 6/6/02. Ordinance 44, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to Patin Beach Gardens Christ Fellowship Church North Campus by amending conditions of approval for the site, located on the north side of Northlake Boulevard, approximately 1 % mile west of Military Trail as more particularly described herein, amending Ordinance 20, 1997, and Ordinance 23,1999; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date. Ordinance 2, 2002 - Consideration of an ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to Palm Beach Gardens Christ Fellowship Church South Campus (located at 5312 Northlake Boulevard, approximately 3/4 miles west of Military Trail as more particularly described herein) by amending a condition of approval for a previously approved conditional use; amending Ordinance 34, 1999; providing for a condition of approval; providing for severability; providing for conflict; and providing for an effective date. Resolution 4, 2002 - Consideration of approving an application from Palm Beach Gardens Christ Fellowship by amending a condition of approval for a previously approved site plan for the Christ Fellowship Church South Campus (located at 5312 Northlake Boulevard, approximately 3/4 miles west of Military Trail as more particularly described herein) by amending a condition of approval for a previously approved conditional use; amending Resolution 5, 2000. Mayor Jablin declared the public hearing re- opened. It was announced that the record contained all the previous comments and staff presentations. Joan Altwater, 9180 Cypress Hollow Drive, reported she had researched the city's file and read excerpts from a letter written by the then Growth Management Director Roxanne Manning regarding concerns of density and intensity, as well as from other items in the staff report. Ms. Altwater requested the total capacity of the church building, expressed concern that staff was approving shuttle service, stated she took issue with making changes that violated the original development order, and requested that the City Council make a decision, being sure they were acting with full legal knowledge. Marilyn Jacobs, 15 Bermuda Lake Drive, agreed with Ms. Altwater, indicated everyone was tired of this, predicted there would be a Supreme Court case on the religious freedom act and that a declaratory judgment was necessary. Keith Paulus, 10100 Hunt Club Lane, summarized the Northlake Coalition's position that this was not a religious issue, and did not preserve the CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/4/02 residential character of the surrounding community, discussed the 1750 seats, and recalled the presentation at the last hearing. Parking and traffic control problems were noted. Mr. Paulis indicated errors in the staff report still had not been corrected per his requests, and predicted the church would soon be back to request further development. Mr. Paulis requested on behalf of the Northlake Coalition that the conditions of approval not be changed. Roy Bays, 9251 Cypress Hollow Drive, indicated he was not in favor of changing the original conditions of approval. Carol Estrada, 309 Riverside Drive, questioned how the Northlake Coalition came into being. Mayor Jablin indicated they were a group of citizens similar to the Riverside Drive neighborhood group, not appointed by the City Council. Linda Hughey, Reed Drive, commented she thought it had been decided at the last meeting to obtain a declaratory judgment to which the Mayor indicated that had not been decided. Ms. Hughey expressed her opinion that churches and schools should be in neighborhoods, that staff had repeatedly indicated the church had met the codes, and requested the City Council make a decision based on information provided by staff. Ms. Hughey commented if the Northlake Coalition still had a problem with the church then they should pursue that and not the city. Mayor Jablin read from minutes indicating the Council had wanted a reduction in size at the time of the original approval, and the compromise offered by the church had been 1750 seats. Alan Ciklin, attorney for the petitioner, reported negotiations with the City since the last presentation had resulted in the church agreeing to permanent seats of 2,284 with no standing, to assign 239 spaces of supplemental parking to the existing campus, and to sign an agreement that by receiving approval the church would not file a lawsuit under the religious freedom act. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. City Attorney Terry Watterson presented options available to the city, and explained the declaratory action process. Discussion ensued during which Councilmember Clark indicated he favored making only one decision and Mayor Jablin clarified that the applicant was proposing a compromise on seating with 2,284 permanent seats and no standing, and that there was no compromise on the simulcasting which would parenthetically add another 600 seats on the south campus. The City Attorney commented during discussion the 2,284 number had been for capacity and not seats, and recommended it be capacity. Councilmembers Delgado indicated she was in favor of obtaining a declaratory judgment. Mayor Jablin indicated there were only two options—to delay until the petitioner presented an application for a PUD amendment, which they had indicated would be in December, or to go for declaratory judgment. Vice Mayor Sabatello suggested capacity be 2,284 with seating left at 1,750 during the time -out period proposed. Attorney Ciklin indicated his opinion that a time -out period would not protect the city from the church filing a lawsuit and his research indicated a declatory judgment could cost a high 6- figure amount. Mr. Ciklin clarified the church's position. Councilmember Clark favored tabling and asking the petitioner to come in with a complete plan for the whole project. The City Attorney recommended delaying 90 days based upon the applicant's representation that this would be a 90 -day process, in order to allow the applicant to come in with a complete plan, and if they did not, the applications would not be bundled and all options available tonight would be available at that time. Councilmember Clark made a motion to table and delay a decision for 90 days on Ordinance 44, 2001, Ordinance 2, 2002, and Resolution 4, 2002 for the reasons and on the basis as previously read into the record. Councilmember Russo seconded the motion. During discussion of the motion, City Attorney Watterson indicated if the applicant did not comply CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/4/02 6 within 90 days he would advise the Council when to place this on an agenda and re- advertise. Councilmember Delgado indicated she still favored declaratory judgment. Councilmember Russo requested if the City Council voted to delay that capacity be set at 2,284 with seats remaining at 1,750 to see how that worked. Attorney Ciklin suggested the petitioner could come back in with a petition for the entire 40 acres but expressed concern that the critique of the second 20 acres would become a reason to deny these modifications, and asked that the City Council agree to keep the condition modifications separately and not related to what they saw on the additional 20 acres. It was indicated the City Council could not agree to that. Mayor Jablin indicated he was being pushed into declaratory judgment. Councilmember Clark explained that that the reason not to go for declaratory judgment at this point was that in a lawsuit one could not be sure of winning and going there at this point would result in losing control of the process, and declaratory judgment could be pursued later if needed. Vice Mayor Sabatello agreed with Councilmember Clark, and Mayor Jablin indicated he would support that position also. The motion passed 4 -1 with Councilmember Delgado opposed. Following a short break, the meeting was reconvened. Ordinance 32, 2002 — Parcel 31 Old Palm Golf Club Planned Community District - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of a rezoning from Planned Development Area to Planned Community District Overlay with an Underlying Zoning of Residential Low Density and Master Plan of the Old Palm Golf Club Planned Community Development with 333 Single Family Residential units, Golf Course, Clubhouse, Sales Center, Maintenance Facilities, Golf Academy, and Three Practice Holes on approximately 651 acres generally located at the northwest corner of PGA Blvd. and Central Blvd.; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date — for consideration of second reading. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 32, 2002. Councilmember Clark made a motion to continue the public hearing on Ordinance 32, 2002 to the City Council meeting on September 18 , 2002. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 30, 2002 — Northlake Blvd. Overlay Zoning District - Consideration of an ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Chapter 78, "Land Development," Article V, "Supplemental Regulations," of the City Code of Ordinances to include a new Division 3, "Northlake Boulevard Overlay Zoning District:" amending the official zoning map to depict the new zoning district; providing for codification; providing for conflicts; providing for severability; and providing for an effective date — for consideration of second reading. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 30, 2002. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place on second reading by title only and approve Ordinance 30, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 30, 2002 on second reading by title only. Resolution 137, 2002 — Consideration for approving an agreement with LBFH, Inc. for Engineering Services related to the Weiss Group, Inc. Parking Improvements. Vice Mayor Sabatello, who had requested this item be pulled from the consent agenda, expressed concern that the stacking must be really looked at by the Council as it had been for St. Mark's school, and there was not enough stacking in the existing parking lot. The City Engineer confirmed CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/4/02 7 that the Weiss School must hold their cars within their parking lot and not along the roadway after the roadway project was finished, and that he would discuss the matter with Weiss School and bring back an answer to the Vice Mayor. Councilmember Clark moved approval of Resolution 137, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. RESOLUTIONS: Resolution 150, 2002 — Evergrene Parcel 3. Consideration of providing for approval of a Site Plan Application for "Parcel 3" which includes 78 single - family homes within the Evergrene Planned Community District (PCD) located between Hood Road and Donald Ross Road east of Military Trail and west of Alternate AIA. Senior Planner Ed Tombari reviewed the staff report regarding the project. Henry Skokowski, agent, spoke on behalf of the petitioner. The City Attorney confirmed the HOA was expected to enforce parking, etc., but the City would be called in if there were life safety issues. Mayor Jablin clarified that approval was based on the premise that the homeowners association would handle enforcement. Mr. Skokowski confirmed there would be one homeowners association for the entire development. Councilmember Clark moved approval of Resolution 150, 2002. Motion was seconded by Councilmember Delgado and carried by unanimous 5 -0 vote. CITY ATTORNEY REPORT: City Attorney Len Rubin announced Kyoto Gardens Drive mediation was scheduled for September 17. The City Attorney reported the municipal attorneys throughout the county had met that day regarding revisions to the traffic performance standards ordinance, which he would present to the City Council at their next meeting on September 18. CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/4/02 s ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at approximately 11:00 P.M. APPROVAL: ATTEST: PXTkIC1kSNM-EtC CITY�CLEIRK MAYOR MAYOR VICE SABATELLO