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HomeMy WebLinkAboutMinutes Council 100302CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING October 3, 2002 The October 3, 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, and Councilmember Delgado. Councilmember Russo was absent from the meeting. ADDITIONS, DELETIONS, MODIFICATIONS: Councilmember Clark made a motion to add Item A, consideration of approval of minutes of September 18, 2002 Regular Council meeting, to the Consent Agenda and to delete Item E, Resolution 173, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. ANNOUNCEMENTS / PRESENTATIONS: Roller Hockey Presentation to City Council - Staff made a presentation to the City Council for funding improvements to the roller hockey rinks. ITEMS & REPORTS BY MAYOR AND COUNCIL: Councilmember Clark reported the Beautification and Environmental Committee was close to completing their environmental brochure. Councilmember Delgado reported that the Board of Florida League of Cities had held a very successful meeting in the City Hall with representatives of 25 cities discussing annexation. Mayor Jablin reported that the topic of the League's special Mayor's meeting had been traffic performance standards being considered by the Board of County Commissioners. Mayor Jablin indicated he would like to invite the speaker from that meeting, John Corbitt, to address the City Council on this topic. Mayor Jablin reported the Blue Ribbon Committee had met and almost finalized discussions on drainage, and they would report their conclusions at the November 7, 2002 City Council meeting. The Mayor also reported a wonderful art and music recital event had been provided by the School of the Arts. Mayor Jablin and Councilmember Clark reported a meeting had been held to discuss sidewalks, roads, and swales on Gardenia; and residents had agreed to the street repaving and swales, but did not want the sidewalks. Staff clarified this was the only new sidewalk considered and the other sidewalk work was for improvements to existing sidewalks. CITY MANAGER REPORT: Legal Service Anal - Staff provided a presentation on advantages and disadvantages of having in -house legal services, and how other municipalities handled legal services. Cost projections to convert to in -house legal services were provided. Staff favored an in -house program since it appeared financially feasible and could possibly provide savings. Discussion ensued. City Attorney Waterson explained the current contract and provided options available to the City. Attorney Waterson reported how his firm had helped the City, answered questions from the City Council regarding hourly fees and the charter review committee, and expressed concern that his firm had not received the report on in -house legal in a timely manner. Staff clarified costs which had been presented, and City Manager Ferris CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/03/02 2 clarified there had been no attempt to cut the attorney out of direct contact with the City Council, that he would not be qualified to give legal opinions, and that the report had not been completed until the previous day. Attorney Rubin clarified that hourly fees had been charged under previous management and not since Mr. Ferris had been the City Manager. Attorney Waterson apologized that the conversation had gone in this direction, and indicated he had been referring to previous managers in his comments. Discussion ensued. Consensus was to bring this matter back when all members of the City Council were present. Pollworker Presentation — Patricia Snider, City Clerk, outlined strategy discussed with the Supervisor of Elections to use city employees as pollworkers, and provided an example of cost. The City Council expressed agreement with the concept and the City Clerk indicated that another presentation would be made outlining costs more specifically. COMMENTS FROM THE PUBLIC: Carol Estrada, Riverside Drive, expressed concern regarding traffic congestion at Holly Drive and Riverside Drive at the elementary school. Ms. Estrada reported her neighborhood was concerned about increased crime in that area, and requested police presence on Friday and Saturday evenings. Staff indicated a neighborhood meeting would be held. Roger Bolonge, Garden Woods, discussed plans for enlarging a canal near this neighborhood which could increase mosquito problems, expressed concern that truck traffic during the construction process would affect quality of life, and suggested that the winner of the bid contribute funds to the city. CONSENT AGENDA: Councilmember Clark made a motion to approve the consent agenda with the exception of item (e), which had been pulled. Councilmember Delgado seconded the motion. Motion carried by unanimous 4 -0 vote. The following items were approved: a. Consideration of approving Minutes from the September 18, 2002 Regular City Council Meeting. b. Resolution 152, 2002 — Pole Mounted Banners Program. Consideration of approving a Pole - Mounted Banner Program displayed on City properties to promote community pride and neighborhood unity. C. Resolution 169, 2002 — Mirasol Parcel Thirteen Subdivision Plat. Consideration of approving the Mirasol Parcel Thirteen Plat. d. Resolution 170, 2002 — Appoint Alternate Member for the Northlake Boulevard Task Force. Consideration for appointing a regular member and an alternate member to the Northlake Boulevard Task Force. f. Resolution 174, 2002 — MacArthur Parcel 5B Plat. Consideration of approving the MacArthur Parcel 513 Plat. g. Resolution 177, 2002 - Approval of LBFH Proposal for Storm water System Retrofit Plat 4 Phase 1. Consideration of approving an agreement with LBFH, Inc. for engineering services related to the Plat 4 Storm water System Retrofit (City Project No. 2002 -010). h. Resolution 178, 2002 — Accepting an Easement from the Mirasol Master Maintenance Association, Inc. for Public Use of Sidewalks and Boardwalks. Consideration of accepting an easement from the Mirasol Master Maintenance Association, Inc. for public use of sidewalks and boardwalks. i. Proclamation recognizing the week of October 20`h through 26`h, 2002 as Florida City Government Week. CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/03/02 3 PUBLIC HEARINGS: Ordinance 35, 2002 — An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending chapter 50 of the Code of Ordinances, "Police," Article I11, "Police Officers Retirement Trust Fund," section 50 -120, "Separation from Service," and section 50- 152, "Amounts payable upon election to participate," to include buy back contributions in the amount refunded to those not eligible to retirement benefits and to revise the method in which payments to the deferred retirement option plan earn interest; providing for codification; providing for conflicts; providing for severability; and providing for an effective date — for consideration of second reading. Following staff comments, Mayor Jablin declared the public hearing open, held on the intent of Ordinance 35, 2002. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place Ordinance 3 5, 2002 on second reading by title only and to approve Ordinance 35, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 35, 2002 on second reading by title only. Ordinance 38, 2002 —Building Code and Permit Fees - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, revising chapter 86 of the City Code of Ordinances, "Buildings and Building Regulations," by amending Article II, "Standards," section 86 -26, "Building Code Adopted; Permit Fees," and section 86 -27, "Trade Codes Adopted," to adopt the Florida Uniform Building Code, provide for the adoption of building permit fees and charges by resolution and clarify provisions relating to the stay of code enforcement proceedings for housing code violations; providing for codification; providing for conflicts; providing for severability; and providing for an effective date — for consideration of second reading. City Attorney Len Rubin explained the intent of the ordinance. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 38, 2002. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place Ordinance 38, 2002 on second reading by title only and to approve Ordinance 38, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 3 8, 2002 on second reading by title only. Resolution 171, 2002 — Regional Center DRI — NOPC Time Extension - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for amendment of Resolution 96, 1999, the Consolidated and Amended Development Order for The Regional Center Development of Regional Impact (DRI) and Planned Community District (PCD) by amending Condition 43 to extend the build -out date by four years and eleven months; providing that the City Clerk shall transmit copies of the Resolution to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, MacArthur Center Property Owners Association, Inc., and the Mall Properties LTD.; providing for repeal of resolutions in conflict; providing for severability; and providing for an effective date. Growth Management Director Charles Wu presented the request. Mayor Jablin declared the public hearing open, held on the intent of Resolution 171, 2002. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to approve Resolution 171, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/03/02 RESOLUTIONS: Resolution 133, 2002 — Adoption of a Fee and Charges Schedule— Consideration of adopting a Schedule of Fees and Charges for various services rendered by the City of Palm Beach Gardens for its citizens and other members of the public. Staff explained proposed changes to the existing fees, which would be consolidated into one document. Councilmember Clark made a motion to approve Resolution 133, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. Resolution 176, 2002 — Consideration of approving Consultant Services Authorization No. 2 with Glatting Jackson Kercher Anglin Lopez and Rinehart, Inc. for professional services related to the District Park Development Program. Staff explained the items encompassed in the contract, which would revisit the interlocal agreement for the District Park. A representative for Glatting Jackson provided a presentation and answered questions from the City Council. Councilmember Clark made a motion to approve Resolution 176, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. Resolution 180, 2002 - Approval of Agreement with Catalfumo for Construction of Linkage Roadways — Consideration of approving an agreement between the City and Mall Properties, LTD., PGA Gateway, LTD., RCA Center 1I of Florida, LLC and PGA North Il of Florida, LLC for the assured construction of linkage roads. City Attorney Len Rubin presented the request and answered questions from the City Council. Roger Bolonge requested no decision be made until hearings were completed regarding the railroad crossing, to which the City Attorney responded the road was required on the linkage plan.. Councilmember Clark made a motion to approve Resolution 180, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. ORDINANCES: Ordinance 40, 2002 —Magnolia Bay PUD Parcel 4.07A -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 an approximately 89.03 -acre parcel of land from Planned Development Overlay Zoning District (PUD) with an Underlying Residential Low (RL -3) Zoning, to be known as "Magnolia Bay," by approving the construction of 99 single - family dwelling units, 88 duplex units, and associated amenities, located on the northwest corner of Military Trail and Hood 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 first reading. Senior Planner Kara Irwin presented the project. Staff answered questions from the City Council. Rick Greene, Vice President of DiVosta & Company, spoke on behalf of the applicant. Councilmember Clark requested a second access on Central Boulevard. Discussion ensued. Vice Mayor Sabatello requested colors not identical to those in The Isles. Councilmember Clark made a motion to place Ordinance 40, 2002 on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 40, 2002 on first reading by title only. Ordinance 37, 2002 — Oakbrook PUD Amendment, Relocation of Retail - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of an amendment to the Oakbrook Square Shopping Center Planned Unit Development (PUD) by demolishing an existing 10,008 square -foot retail building, creating a new 35 -car parking pocket, adding a new 6,000 square -foot retail building alongside U.S. Highway One, and reducing the overall square footage of the shopping center, located at the northeast corner of CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/03/02 5 PGA Boulevard and Highway U.S. One, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date — for consideration of first reading. Planner Jackie Holloman presented the project. Bruce Arthur spoke on behalf of the applicant and requested demolition and to begin construction of the parking lot before second reading. The City Attorney's legal opinion was that since the changed section of the site plan was less than 5% of the existing site plan, that would constitute a minor amendment which could be approved administratively. The minor amendment would be that 10,008 square feet of the courtyard's edge retail building would be demolished and replaced with a 35 -car parking lot which would meet all city codes and county requirements; on October 1 7th a workshop would be held to determine progress; the petition would be presented for consideration of second reading in November; and the outparcel would be considered at second reading. Applicant was advised that if second reading was not granted the applicant would not get the outparcel but the applicant would still be required to replace the fascia on the remaining part of the building to at least match the existing conditions. The City Attorney advised that could be a condition of the administrative approval. The applicant advised the goal was to complete the demolition and parking lot by the end of November. Councilmember Clark advised this would not set a precedent since it could have been approved administratively with no discussion by City Council. Mr. Wu indicated the landscaping in the medians must be brought up to existing landscaping. Councilmember Clark made a motion to place Ordinance 37, 2002 on first reading by title only. Councilmember Delgado seconded the motion, which carried 4 -0. The City Clerk read Ordinance 37, 2002 on first reading by title only. Councilmember Clark noted the City Council had been advised they did not have to approve the demolition of the building and the construction of the new parking lot and therefore he would not make a motion but noted that at least three of the members of the City Council had no objection to that approval being granted. It was noted there was consensus of the City Council for Growth Management to grant approval administratively, with three members in favor and Vice Mayor Sabatello opposed. ITEMS FOR DISCUSSION: City Entryway Signage Workshop - This item was delayed until the next meeting. CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/03/02 6 ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at approximately 11:30 p.m. APPROVAL: ATTEST; ___` PATRICIA-SNIDER CITY;CLERK _ MAYOR JAB VICE •® • r,