HomeMy WebLinkAboutMinutes Council 041901CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
April 19, 2001
The April 19, 2001 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 Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember David Clark,
Councilmember Lauren Furtado, and Councilmember Carl Sabatello.
PRESENTATIONS:
Teamwork Awards - Police Department - Two teams were given awards for their help in maintaining
professional excellence for the City. The first team that was recognized included Steven Fee,
Christopher Barca, Robert Wummer, Michelle Rose, Jamie Roussel, Ron Council, Johnathan Evans,
and Marty Greenberg. The accreditation team that was recognized included Lieutenant Robert
Artola, Sergeant William Brandt, and Sergeant Sam Nasca.
Employee of the Year - Jay McKee was presented with the Employee of the Year award.
Police Accreditation - Boca Raton Police Chief Andrew Scott, one of the Commissioners for Law
Enforcement in Florida, presented State and National Accreditation Certificates to the City on behalf
of Chief FitzGerald. He explained the accreditation process, and complimented the Police
Department for their efforts in this voluntary process and for their achievement in obtaining both
national and state accreditation.
ITEMS AND REPORTS BY MAYOR AND COUNCIL:
Councilmember Furtado reported she attended the MPO meeting. A final hearing on turnpike issues
will be held at Palm Beach Gardens High School on May 21 at 6:30 p.m. Financial projections were
provided for City Staff for the City's roadway projects for 2025. Changes had been made to erect
sound walls prior to I -95 widening. Councilmember Furtado requested that the School Board be
asked to move the bus stop on Keating so that it would not block the intersection, and move the bus
stop at the corner of North lake and Military farther North on Military. Councilmember Furtado
reported the bridge on MacArthur Boulevard was sinking and large trucks should not be allowed to
drive over that bridge. Councilmember Furtado reported she had been unable to obtain the seating
capacity for the cafeteria at the high school. Mayor Russo reported he had met with Mr. Buckley
from the Girls' Softball Team and that a recreation needs assessment would be done. Recreation
issues may go to referendum. Councilwoman Furtado clarified for the record she had not given up
the recreation needs project; Mayor Russo indicated he had taken on this project in March.
COMMENTS FROM THE PUBLIC:
John Hannon, 86 Dunbar Road East, on behalf of the Homeowners Association Board of Marlwood
Estates, opposed the location of a new substation to provide electricity to Mirasol and other proposed
developments in his neighborhood.
CITY COUNCIL REGULAR MEETING, 4/19/01 2
Mark Lettenmaier, 8 Riverwood Terrace, Marlwood Estates, Vice President of the Homeowners
Association, objected to the location of the proposed substation and suggested it be located inside
the new development.
Julia Byrd expressed concern regarding the proposed stormwater utility fee. Mayor Russo requested
Ms. Byrd attend the meetings on this item.
Roger Blangey, Garden Woods, read into the record a letter addressed to the Mayor from residents
of Garden Woods expressing concerns regarding the proposed railroad crossing near their
community, offering an alternate location, and suggesting a meeting with all parties present. City
Staff indicated the meeting would be set up as soon as possible.
Sam Carsillo asked if the Traffic Planning Forum had resolved traffic problems. Mayor Russo
indicated a report would be provided and Mr. Carsillo would be provided a copy. Mr. Carsillo
commented the stormwater utility tax would be forever and instead a bond should be floated to pay
for improvements so each resident would pay their fair share.
Pamela Folsom, 325 Azalea Street, requested a change in the requirement that boats could not be
parked in certain areas on residential lots, and asked if a waiver could be obtained. The City
Attorney and City Manager indicated they would work with Ms. Folsom.
CONSENT AGENDA:
Vice Mayor Jablin moved approval of the Consent Agenda. with the exception of item (f), which was
removed from this agenda. Councilmember Furtado seconded the motion, which was approved by
unanimous 5 -0 vote. The following items were approved on the Consent Agenda:
1. Consideration of approving Minutes from the March 12, 2001 City Council Workshop
Meeting.
2. Consideration of approving Minutes from the March 15, 2001 City Council Regular Meeting.
3. Resolution 55, 2001 - Gentle Ben Environmental Review. Consideration of approving an
application from Palm Beach Acquisitions, LLC, requesting approval for removal of exotic
vegetation on Parcels 18.A08, 18.A10, and 18.A11, also known as the "Gentle Ben Site,"
located at the SouthEast corner of PGA Boulevard and Bee Line Highway; providing for a
condition of approval.
4. Resolution 56, 2001 - Mirasol Master Signage Program. Consideration of approving a
Master Signage Program for the Mirasol Planned Community Development (PCD) (f.k.a.
Golf Digest).
5. Resolution 64, 2001 - Lease/Purchase Agreement. Consideration of authorizing the lease -
finance of certain equipment through execution of a Master Lease - Purchase Agreement with
Kislak National Bank; providing for the payment of the lease payments; making certain other
covenants and agreements in connection therewith.
7. Resolution 66, 2001 - Concurrent Processing. Consideration of approving concurrent
processing of applications submitted by Florida Power and Light Company for a text
amendment to the Land Development Regulations to allow minor utility substations within
the PGA Boulevard Corridor Overlay District and a Planned Unit Development Application
for property located on the North side of PGA Boulevard approximately two miles West of
Florida's Turnpike.
CITY COUNCIL REGULAR MEETING, 4/19/01 3
PUBLIC HEARINGS:
Growth Management Director Charles Wu indicated Ordinance 9 must be considered before
Ordinance 8.
Ordinance 9, 2001 - Prosperity Center Addition Annexation. Consideration of annexing into the
City approximately seven - tenths of an acre of land generally located two- tenths of a mile South of
the intersection of Prosperity Farms Road and PGA Boulevard, on the East side of Prosperity Farms
Road; revising the boundaries of the City to include said real property; providing for the repeal of
all Ordinances or parts of Ordinances in conflict herewith; providing for severability; and providing
for an effective date. Senior Planner Talal Benothman reviewed the petition. Henry Skokowski
spoke on behalf of the petitioner stating the intent was to add this parcel to the Prosperity Center
Commercial Center after approval by the City Council. and that a worst -case traffic situation was
presented. City Attorney Rubin advised that the presentation had been combined for both
Ordinances 8 and 9 and that comments by the public could address either Ordinance. Mayor Russo
stated that upon advice from the City Attorney this public hearing was now for Ordinance 8 and
Ordinance 9, and called for comments from the public. Kathleen Smith, 11355 W. Teach Road,
indicated she did not believe additional parking was needed just to make it more convenient when
the parking lot was almost never full, commented that flooding had occurred in her home which had
reduced the value of her home, and expressed her opinion that additional parking would create
additional noise, more flooding, and more light. Hearing no further comments from the public,
Mayor Russo declared the public hearing closed. Councilman Clark made a motion to place
Ordinance 9, 2001 on First Reading by title only. Vice Mayor Jablin seconded the motion, which
carried by unanimous 5 -0 vote. The City Clerk read Ordinance 9, 2001 on First Reading by title
only.
Ordinance 8, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance
8, 2001 - An ordinance of the City Council of the City of Palm Beach Gardens, providing for an
amendment to the comprehensive plan of the City of Palm Beach Gardens by changing the land -use
designation on approximately seven - tenths of an acre of land located approximately two - tenths of
a mile South of the intersection of Prosperity Farms Road and PGA Boulevard, on the East side of
Prosperity Farms Road, from Pahn Beach County Low Residential -3 to City of Palm Beach Gardens
Commercial; providing for transmittal to the Department of Community Affairs; providing for
severability; providing for conflict; and providing for an effective date. Councilman Clark made
a motion to place Ordinance 8, 2001 on First Reading by title only. Vice Mayor Jablin seconded the
motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 8, 2001 on First
Reading by title only.
Resolution 36, 2001 - Mayor Russo declared the public hearing open, held on the intent of
Resolution 36, 2001 continued from April 5, 2001 - A Resolution 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), providing for amendment of the master development plan to designate
an oak hammock preserve of approximately eight acres, convert 151 hotel rooms to 213 residential
units (as depicted on Map H), combine all residential parcels located in the North East portion of the
DRI into a 104 -acre unified parcel, reconfigure the water management tract, and reconfigure the
alignment of the internal roadways on the Kolter property (as depicted on Map H), providing that
CITY COUNCIL REGULAR MEETING, 4/19/01 4
the City Clerk shall transmit copies of this Resolution to the Florida Department of Community
Affairs, Treasure Coast Regional Planning Council, Palm Beach County, MacArthur Center Property
Owners Association, Inc., North ern Palm Beach County Improvement District, and the Grande at
Palm Beach Gardens, Inc.; providing for repeal of resolutions in conflict; and providing for an
effective date. Senior Planner Talal Benothman reviewed the petition, and noted receipt of a letter
from Commissioner Karen Marcus expressing concern regarding the alignment of the loop road and
the size and location of the preserve. Mr. Benothman explained that the applicant had agreed to
realign the road and to increase the Oak Preserve from 8 acres to approximately 12 or 13 acres. Dodi
Glas spoke on behalf of the petitioner and indicated that applicant had adjusted the roadway to
address concerns. Commissioner Marcus handed out a memo with conditions that she requested be
incorporated into the site plan. Commissioner Marcus thanked the developer for working with the
County and indicated the County was'still interested in purchasing more land. Commissioner
Marcus discussed drainage and noted that a meeting had been set up with Legacy Place, which was
required to do improvements, but was not reflected in the conditions of approval. Commissioner
Marcus indicated she would work with the developer on the location of the Gardens Parkway
Intersection with Prosperity Farms Road. Attorney John Gary, representing Kolter Development,
requested approval tonight showing the road as depicted on Map H and explained that after their
approval, the developer had no problem with the proposed change of alignment. The amount of land
being purchased by the County was clarified. Bud Siebenrock, 2620 Oak Drive, submitted a petition
signed by 546 North County residents who asked to have the whole Eastern parcel of the Kolter
property kept as a preserve, and requested that Kolter be encouraged to use the oaks outside the
preserve in their landscaping and to sell the smaller ones to another development that could use
them. Laura Henning, 2442 Laurel Lane described the old oaks in the hammock and asked the help
of the City Council to preserve as many of these trees on as many acres as possible. Augustin
Hernandez, 2639 West Edgewater Drive, indicated the 52" drainage pipe location shown on the civil
drawings had not received written authorization from the residents, which the residents considered
a major issue, and presented a letter to the City Clerk from Audubon who supported preserving all
acreage possible. Jim Jested, 2590 West Edgewater Drive, noted there was a serious drought and
to let trees be cut added to water problems. Hearing no further comments from the public, Mayor
Russo declared the public hearing closed. Vice Mayor Jablin said the developer had been
cooperative and had donated 4 acres of lakes for water storage that would help ease drainage
problems. City Engineer Dan Clark advised that the petitioner would come back to the City and
North ern Palm Beach County Improvement District and the County for approval of the drainage.
Councilmember Furtado expressed her opinion that the developer had done a wonderful job but
stated she wanted two additional acres preserved. Councilman Clark made a motion to approve
Resolution 36, 2001. Vice Mayor Jablin seconded the motion, which carried by 4 -1 vote, with
Councilmember Furtado voting against because she wanted to have an additional two acres
preserved.
RESOLUTIONS:
Resolution 50, 2001 - Kolter Site Plan. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida, approving an application from Kolter Properties and the North ern Palm Beach
County Improvement District ( "North ern"), requesting a Site Plan Review within a Planned
Community District (PCD) for approval of a multi - family residential community within the Regional
CITY COUNCIL REGULAR MEETING, 4/19/01 5
Center Planned Community District located North of Gardens Parkway and West of Prosperity
Farms Road; the 49.37 acre site will contain 358 residential units in Phase 1; and Phase 2, which
proposes 637 units on 63.17 acres will be subject to a future petition. Senior Planner Edward
Tombari reviewed the petition. Dodi Glas, representative for the petitioner, clarified that "any
construction" in condition 18 should be changed to "any drainage construction ". Ms. Glas reviewed
the site plan. Councilman Clark made a motion to approve Resolution 50, 2001, with the
amendments added by staff, the revised resolution presented to the City Council, and the change in
condition 18 presented by Ms. Glas. Vice Mayor Jablin seconded the motion, which carried by
unanimous 5 -0 vote.
Addition to Agenda - Councilman Clark made a motion to add Resolution 68, 2001 to the agenda.
Councilmember Furtado seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 57, 2001 - Mirasol Clubhouse Phase One. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida, providing for site plan approval of the Mirasol Clubhouse -Phase
One, within the Mirasol Planned Community Development located on 2,304 acres at the North West
corner of Florida's Turnpike and PGA Boulevard, as more particularly described herein; providing
for conditions of approval. Senior Planner Edward Tombari reviewed the petition. Ann Booth,
representative for the applicant, described the project. The applicant's request to eliminate wheel
stops was discussed. Councilmember Furtado indicated she did not personally like wheel stops.
Councilmember Sabatello stated for the record that he was a homebuilder in Mirasol but not in an
area involving this petition. Councilman Clark made a motion to approve Resolution 57, 2001, with
the deletion of waiver No. 3 in Section 3 thereof. Vice Mayor Jablin seconded the motion, which
carried by unanimous 5 -0 vote.
Resolution 68, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida,
approving the Golf Digest (aka Mirasol) Parcel F Plat and providing an effective date.
Councilmember Sabatello stated for the record that he was a homebuilder in Mirasol but not in an
area involving this plat. Councilman Clark made a motion to approve Resolution 68, 2001. Vice
Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote.
ORDINANCES:
Ordinance 10, 2001 - An Ordinance of the City of Palm Beach Gardens, Florida, rezoning
approximately 74.2 acres of land generally located SouthEast of the intersection of PGA Boulevard
and Alternate At A, as described herein; amending the City of Palm Beach Gardens official zoning
map; approving a master plan of development for the Legacy Place Planned Community District;
providing for conditions; providing for waivers; providing for conflicts; providing for severability;
and providing for an effective date. Henry Iler, Consultant for the City, described the project. City
Engineer Dan Clark discussed issues regarding Legacy Drive including making the road four lanes
versus two lanes and the need for a left turn lane. Councilmember Furtado expressed preference
for two lanes through the residential section and a left turn lane. Commissioner Marcus discussed
the preferences for the redesign of Prosperity Farms Road and agreed with two lanes for Legacy
Drive with a turn lane. Commissioner Marcus requested researching the linkage study to find the
volumes assigned to the roads. Councilmember Sabatello asked if the City should be requesting the
Commission to move up RCA Boulevard on the County's plan, to which Commissioner Marcus
responded none of the new developments had triggered additional lanes but the City could request
it be looked at. Councilmember Sabatello indicated that additional lanes on RCA Boulevard would
CITY COUNCIL REGULAR MEETING, 4/19/01 6
help the entire North County. Discussion ensued. City Engineer Dan Clark expressed his opinion
that capacity would be there for four lanes as soon as Legacy Place was completed. Councilmember
Sabatello indicated each linkage must be tested the same, and wanted a more attractive drive with
slower speeds. Councilman Clark requested numbers of people using the stretch of Gardens East
between Burns and Campus Drive. City Engineer Clark pointed out that one consideration about
a two -lane roadway with a median needed to have swale space off of the asphalt. This issue was to
be brought back in two weeks. Henry Skokowski spoke on behalf of the petitioner. Nick Mihelich,
Urban Design Studio, representing the petitioner, provided an overview presentation. David Bader,
Architect for the commercial portion, described the architecture within the events plaza.
Councilmember Sabatello asked the petitioner to continue the same lighting on Legacy Drive, which
the petitioner agreed to look into; and Mr. Skokowski explained that the petitioner had agreed to
come back with the lighting and colors, which had been toned down. Angular parking was
discussed. Bryant Rooney, 11110 Monet Terrace, requested clarification on the number of cars for
Legacy Drive, and pointed out that Prosperity Farms Road did not have that much. Mayor Russo
indicated the correct numbers would be provided to Mr. Rooney. Mr. Rooney requested an 8' wall
along Legacy Drive. Phyllis Carr, 11185 Monet Terrace, requested two lanes for Legacy Drive, and
received clarification from the City Engineer regarding drainage. Sophia Thomidis, 11115 Monet
Terrace, indicated her back yard would be two car lengths from Legacy Drive, requested an 8' wall
to be built before construction and that if Legacy Drive was built as two lanes that it be designed
with space to install additional lanes later. Robin Heston, 11051 Monet Terrace, also requested an
8' wall and to include enough right -of -way to accommodate 4 lanes later. Engineer Greg Fagan
explained the wall would be 8' tall on the residents' side and C tall on Legacy Drive side because of
the differential needed for drainage. Commissioner Marcus requested that in the next two weeks the
developer provide landscaping on both sides of the wall, consider the impact on RCA Boulevard and
expressed her preference for a 2 -lane road. Councilman Clark moved that Ordinance 10, 2001 be
placed on First Reading by title only. Vice Mayor Jablin seconded the motion, which carried by 5 -0
vote. The City Clerk read Ordinance 10, 2001 by title only on First Reading. Mayor Russo stated
the decision had been made to have an 8' wall and invited the public back in two weeks. Thanks
were extended to Principal Planner Cramer and to the Planning and Zoning Board for an excellent
job on this project.
ITEMS FOR DISCUSSION:
Proposed Underpass for Burns Road Widening Project. City Engineer Dan Clark reviewed the pros
and cons for the tunnel across Burns Road. Standing water in the tunnel during storm events was
discussed. Other discussion included the options of a walkover, signalization at grade, visibility into
the tunnel for safety, and that people did not cross the road.
Team Building Facilitator - the Human Resources Director reported that two candidates had been
interviewed and Mr. LaRue was recommended. Councilmember Furtado made a motion to accept
Mr. LaRue as the team building facilitator. Councilmember Clark seconded the motion that carried
by unanimous 5 -0 vote.
CITY ATTORNEY REPORT
City Attorney Len Rubin commented he had sent each Councilmember a memo regarding the Legacy
Place processing waiver, which would be included as one of the listed waivers on second reading
of the ordinance.
CITY COUNCIL REGULAR MEETING, 4/19/01
7
ADJOURNMENT:
There being no further business to discuss, upon motion by Councilman Clark, seconded by Vice
Mayor Jablin, carried 5 -0, the meeting was adjourned at 11:15 p.m.
APPROVAL:
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MAYOR JOSEPH R. RUSSO
VICE MAYOR^C JABLIN
CHAIRMAN IRO TEM CARL SABATELLO
COUNCILMAN DAVID CLARK
OUNCILWOMAN LAUREN FURTADO