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HomeMy WebLinkAboutMinutes Council 101702CITY OF PALM BEACH GARDENS, CITY COUNCIL REGULAR MEETING October 17, 2002 The October 17, 2002 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:05 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. ITEMS & REPORTS BY MAYOR AND COUNCIL: Councilmember Russo reported he had received a call from former Councilmember Lauren Furtado who recalled that at the time the matter of trees in the swales was originally discussed, problems had been solved with French drains. Councilmember Russo referred this matter to the City Manager. Councilmember Russo also asked when a report would be received on the traffic performance meeting and suggested holding a traffic workshop. Councilmember Russo indicated he favored settling the Vavrus case but that the individual lawsuits against himself and former City Manager Herakovich must be dropped. Mayor Jablin indicated he and others had met and were going to meet again with Mr. Vavrus and Father Leo to try to work out this matter. Councilmember Russo reported he was being sued personally because he had attended a meeting with Father Leo and subsequently fines to Mr. Vavrus had been assessed. Discussion ensued. Councilmember Clark reported that at the MPO meeting the traffic summit had been discussed, and Commissioner Aarenson, who had been present, had indicated input should be obtained from the League of Cities on the Corridor Plan before anything formal was done. Councilmember Clark recalled that the City had adopted a resolution last year opposing the bullet train, and Commissioner Aarenson had requested petitions opposing this issue be made available to the public. Councilmember Clark announced that petitions were available at tonight's meeting. Mayor Jablin commented that the traffic summit, hosted by the County Commission, had been held this week, and requested t hat t he C ity M anager s chedule a w orkshop o n t his in atter. C ity Manager Ferris responded that at the November 7 City Council meeting John Corbitt and Trela White were on the agenda and they would be able to provide an update on traffic matters. Mayor Jablin announced that a major piece of art would be installed in the lobby on October 23. CITY MANAGER REPORT: The City Manager announced that LaRue Management would provide a presentation at the November 7 Council meeting on the Charter Review/Referendum and the Charter Review Committee status would be discussed. Consensus of the City Council was to hold a 5:30 p.m. workshop on this matter on another date to be determined by a poll of the City Council. COMMENTS FROM THE PUBLIC: Iris Lambert, 396 Lighthouse Drive, asked why there was a site plan review sign at the ballpark on MacArthur Boulevard. Growth Management Director explained that was for a future phase of the Banyan Tree Project. Mrs. Lambert asked for information on the traffic count on Lighthouse Drive and Holly Drive. City Engineer Clark indicated the county held CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/17/02 2 traffic counts twice a year. Mrs. Lambert requested the results of that traffic count. Mrs. Lambert asked for an update on traffic calming for Lighthouse Drive and MacArthur Boulevard. Staff reported the matter was on hold until after discussion at the neighborhood park charrette regarding what would be done with lands bordering MacArthur Boulevard; and also that this matter had been turned over to the Blue Ribbon Committee. Mrs. Lambert reported it had been over a year since this started and any help would be appreciated. The meeting that had been held with the residents was discussed. ADDITIONS, DELETIONS, MODIFICATIONS: Mayor Jablin noted that Item G on the consent agenda, Resolution 173, 2002, had been requested to be deleted. Councilmember Clark made a motion to delete Item G, Resolution 173, 2002 from the consent agenda. Motion was seconded by Councilmember Russo and carried by unanimous 5 -0 vote. CONSENT AGENDA: Councilmember Clark made a motion to approve the consent agenda with the exception of item (G). Councilmember Delgado seconded the motion. Motion carried by unanimous 5 -0 vote. The following items were approved: a. Proclamation - Declaring November, 2002 as National Epilepsy Awareness Month. Consideration of Declaring November, 2002 as National Epilepsy Awareness Month. b. Resolution 175, 2002 — FRDAP Grant Agreement for the District Park Project. Consideration of approving the FRDAP Grant Agreement for the District Park Project. C. Resolution 172, 2002 — Award of Bid for the Lease of a New Fire Engine. Consideration of approving the lease of one 2004 Fire Engine from Pierce Fire Equipment, Inc. d. Resolution 179, 2002 — Establishing a Contract price with Ranger Construction for Pavement Resurfacing and Swale Restoration. Consideration of approving the Contract price with Ranger Construction for Pavement Resurfacing and Swale Restoration. e. Resolution 181, 2002 — Award Bid for Fire Station Number Five to O'Connor and Taylor Construction. Consideration of approving the Bid Award for Fire Station Number Five to O'Connor and Taylor Construction. f. Resolution 182, 2002 — Mirasol Way East entry gate feature. Providing for the approval of modifications to the East entry gate feature within the Mirasol PCD, located at the intersection of Jog Road and Mirasol Way. h. Resolution 185, 2002 — Consider approval of a proposal from LBFH, related to the roadway improvements project # 2002 -025. Consideration of approving the proposal from LBFH, related to the roadway improvements project # 2002 -025. i. Resolution 187, 2002 — Approving the Frenchman's Reserve Plat "B" Plat. Consideration of Approving the Frenchman's Reserve Plat `B" Plat. j. Resolution 188, 2002 — Approving the Frenchman's Reserve Plat "G" Re- Plat. Consideration of Approving the Frenchman's Reserve Plat "G" Re -Plat. PUBLIC HEARINGS: Ordinance 36.2002 —An ordinance of the City Council of the City of Palm Beach Gardens, Florida, relating to roadway beautification; amending the City Code of Ordinances by CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/17/02 3 amending chapter 62, "Streets, Sidewalks, and certain other public places," To create a new section 65 -215, "Landscaping and Maintenance in public road rights -of- way," And amending chapter 78, "Land Development," Article V, "Supplementary District regulations," Division 7, "Landscaping," Section 78 -324, "Landscaping in public road right -of- way," And division 9, "Subdivisions," section 78 -488, "Frontage on improved streets," and section 78 -498, "Road surfacing and Improvements," providing for codification; providing for conflicts; providing for severability; and providing for an effective date — for consideration of second reading. City Forester Mark Hendrickson indicated he was available for any questions. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 36, 2002. Carol Estrada, Riverside Drive, reported she had read in the newspaper that oak trees had been given to another city, and asked if those could not have been utilized somewhere in Palm Beach Gardens. Mr. Hendrickson reported it had not been in the budget to save or relocate some of the oaks along Burns Road so he had called Commissioner Marcus, who had taken two for Lake Park. Mr. Hendrickson reported he was also working on the I -95 project, at the Northlake Boulevard and PGA Boulevard areas, where the trees and shrubs to be relocated were so numerous that a deal had been worked out with the county and some of the trees would go into county parks. Ms. Estrada requested in the future that trees be utilized at other locations within the city. It was reported that the trees on Burns Road had been originally provided by the county, and that trees were rescued whenever possible. Sherry Woodside, President of Gardenia Gardens Neighborhood Association commented, speaking on behalf of the neighborhood, regarding the Swale issue in that area. The concern was the neighborhood had an issue on the work that would be done on the swales because they would lose most of their oak trees, and asked that the city work with the neighborhood. Iris Lambert, 396 Lighthouse Drive, noted that every palm tree in the swale area was removed when the swale work was done on Riverside Drive and asked for them to be reinstalled. Discussion ensued. Councilmember Russo recalled that the Council had indicated they would provide trees for Riverside Drive when money became available. Mayor Jablin noted that this area would be a high priority when money was provided by the county for landscaping on Lighthouse Drive and MacArthur Boulevard. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion t o p lace O rdinance 3 6, 2 002, o n s econd r eading a nd t o approve Ordinance 36, 2002. Councilmember Russo seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 36, 2002 on second reading by title only. Vice Mayor Sabatello requested further discussion regarding swales at the end of the meeting. Ordinance 28, 2002 — An ordinance of the city council of the City of Palm Beach Gardens, Florida, providing for an amendment of section 78 -157, "mixed use planned unit development overlay district," of article iv "zoning districts," of chapter 78 "land development," of the city code of ordinances by amending the definition of development; providing for codification; providing for severability; providing for conflicts; and providing for an effective date - for consideration of first reading. Growth Management Director Charles Wu presented the housekeeping matter. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 28, 2002. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place Ordinance 28, 2002, on first reading with the amendment to be placed in footnote 3. CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/17/02 4 Councilmember Russo seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 28, 2002 on first reading by title only. ORDINANCES: Ordinance 39, 2002 — An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of an amendment to the Prosperity Center Planned Unit Development, by approving a 9,600 square foot addition of retail space, 18 additional parking spaces and a re- zoning of .665 acres from Palm Beach County RS -Low medium residential to Palm Beach Gardens Planned Unit Development (PUD) overlay with underlying zoning of general commercial (CG -1), generally located at the southeast corner of PGA boulevard and prosperity farms road as more particularly described in Exhibits "A" and "B" attached hereto: 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. Senior Planner Edward Tombari presented the project. Staff recommended denial of the petition. Councilmember Russo objected to considering this petition when the petitioner had not complied with restaurant use and parking limitations in the past, and could still be out of compliance. Vice Mayor Sabatello recommended a right turn lane on PGA Boulevard, looking at options to provide more parking, and not to discuss this further until the applicant came into compliance. Mayor Jablin offered the petitioner the option to withdraw instead of being denied. Hank Skokowski, agent for the petitioner, apologized that he had not known the property was in violation, and requested 30 days to come back with upgrades to the shopping center and to address the violation. Instead of a 30- day period it was decided to bring this petition back when staff was ready. Councilmember Russo advised the applicant that his biggest concern was parking near the Ocean Grill. Councilmember Clark asked that followup be done on the gas station on the corner. ITEMS FOR COUNCIL ACTION: Valet Parking — Vice Mayor Sabatello requested valet parking be addressed when considering projects, and expressed concern that so many valet parking areas were taking parking spaces in existing centers. Staff was requested to look at this issue. Swales — Vice Mayor Sabatello commented swales were an open drainage system and there was not a lot of room to move the water, and the city must make a hard decision whether to use costly French drains and save some trees or to clear the areas, and should not lead people to believe trees could be replaced into swale areas. Vice Mayor Sabatello stated that the drainage on Lighthouse Drive would not allow trees in the swales. Vice Mayor Sabatello indicated a decision must be made whether to have standardized swales or to decide street by street whether to install swales, and to establish a plan for beautification, so that staff would have proper direction. Councilmember Clark noted it would be good to identify where large trees were in the swales. Discussion ensued. Consensus was that a policy that worked must be adopted. The City Manager noted that anytime a tree could be saved it would be done, but if it compromised drainage then drainage would be chosen over trees. The City Manager advised the city would work with each individual resident. ITEMS FOR DISCUSSION: Legal Services Analysis — Mayor Jablin reported that at the last meeting, staff had provided a presentation related to the possibility of having an in -house attorney, and Attorney Waterson had given his view of the situation. Councilmember Russo, who had been absent at that meeting, requested looking at how to better manage legal bills whether or not counsel CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/17/02 was in- house. Councilmember Russo favored changing the charter so that the City Attorney would report to the City Manager and that an RFP for in -house legal services be put out before a decision was made. Discussion ensued. Consensus was that individual attorneys should be considered as well as firms. Staff was directed to bring back at the next meeting an estimate of how long would be needed for this process and explain whether the same process used ten years ago would work now, which was having both individuals and firms present proposals to provide in -house and out -of -house legal services. Workshop Regarding Ordinance 37, 2002 — 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 o f the s hopping c enter, l ocated at the northeast c orner o f P GA B oulevard 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. Planner Jackie Holloman advised that the Growth Management Director on October 14 had granted approval administratively per City Council direction to demolish an existing 10,008 square foot retail building and create a new 35 -car parking pocket. It was noted that at that meeting Council had voted 3 -1 to place Ordinance 37, 2002 on first reading. City Council had requested that an update be provided by the applicant at this meeting. Bruce Arthur spoke on behalf of the applicant and presented architectural changes to the outparcel building. Direction from the City Council was to enhance the outparcel building with architectural changes to address all four sides, which were to be presented at the next City Council meeting. Workshop Regarding City Enq gy Si rage — City Forester Mark Hendrickson presented the gateway sign in front of Shoppes on the Green, and showed photographs of the locations chosen by City Council for other gateway signs. Discussion ensued regarding using the City seal in the gateway signage, setting design criteria, and how to obtain designs. Consensus was to accept the City Manager's recommendation to have the staff's Spirit Team put together a program regarding how to proceed and to bring that presentation back to the City Council. Staff was requested to clean the current City signs. CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/17/02 6 ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at approximately 9:55 p.m. APPROVAL: MAYOR JABLIX--'\ VICE MAYOI /SABATELLO COUNCELM"ER/6LAf(K 1-111 ATTEST PATRICIA .SNIDER_' CITY CLETaCz