HomeMy WebLinkAboutMinutes Council 060701CITY COUNCIL REGULAR MEETING, 6/7/01 1
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
June 7, 2001
The June 7, 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 in attendance:
Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember David Clark, Councilmember
Lauren Furtado, and Chair Pro Tern Carl Sabatello.
PRESENTATIONS
Academic Achievement Certificates - Mayor Russo read aloud the names of seniors from Dwyer and
Palm Beach Gardens high schools who had earned academic awards and presented to each of them
certificates for academic achievement.
Athletic Achievement Proclamation - Vice Mayor Jablin made a motion to approve the proclamation
for Palm Beach Gardens High School Cheerleading Squad. Councilman Clark seconded the motion,
which carried by unanimous 5 -0 vote. Mayor Russo read aloud the proclamation of athletic
achievement awarded to Palm Beach Gardens High School Cheerleading Squad.
Athletic Achievement Proclamation - Vice Mayor Jablin made a motion to approve the proclamation
for Palm Beach Gardens High School Girls Softball Team. Councilman Clark seconded the motion,
which carried by unanimous 5 -0 vote. Mayor Russo read aloud the proclamation of athletic
achievement awarded to Palm Beach Gardens High School Girls Softball Team.
Recognition for Lifesaving Actions - Mary Lou Gugliotta was recognized for her recent action that
saved the lives of twins.
Moment of Silence - A moment of silence was observed for the passing of Harvey Stern.
Motivational Video Presentation - Hank DuFour presented a motivational video used for training
staff.
Disaster Recovery Contract - Representatives of Grubbs Construction Company Emergency
Management Division presented a governmental agency contract that would be activated only in the
event of a disaster. It was explained that after the event damage assessment would be done, and
upon notice to proceed, the company would help with debris management, submit an invoice to the
City, assist with the City's submittals to FEMA and in obtaining reimbursement for the City from
FEMA. A representative of Solid Waste Authority explained that their contract provided for them
to be the City's primary disaster contractor. Following extensive discussion, it was noted that the
concept was to have as many resources as possible to address disaster events. The City Council
indicated they were in agreement with the concept, and that details could be provided at a later date.
ITEMS AND REPORTS BY MAYOR AND COUNCIL
Councilmember Furtado explained that a NASA satellite- imaging program that was already paid for
by taxes could benefit the City by providing information on wetlands and drainage systems, and
CITY COUNCIL REGULAR MEETING, 6/7/01
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noted that she would obtain further information. Vice Mayor Jablin reported that he,
Councilmember Furtado, and the City Manager had attended a recent North County Governmental
meeting at Juno Beach at which the traffic summit, connectivity, public transportation links, and
mutual landscaping issues had been discussed. He explained that it had been decided to continue
these meetings monthly. The City Manager commented that the purpose of the annexation portion
of the meeting for managers had been to discuss inter jurisdictional incompatibilities of some of the
annexation areas, and that within the next two weeks further conversations would be held with Juno
Beach, North Palm Beach, and Lake Park to get a staff position regarding the areas of conflict.
Mayor Russo suggested using the Municipal Complex as a gathering place for more cultural events,
using corporate sponsorship, and to look into holding a Saturday green market. The Vice Mayor
suggested a concert series with corporate sponsorship. Mayor Russo reported he had met with Pratt
Whitney representatives regarding ideas for use of the Pratt Whitney property for economic
development activity. Councilmember Furtado indicated that site was within the free trade zone.
CITY MANAGER REPORT
Burns Road Project - Jack Doughney, Assistant to the City Manager, presented the staff
recommendation to provide a fully signalized intersection and pedestrian crosswalk at the existing
eastern exit/entrance of the park with new alignment for the community center directly to the south,
allowing for a cross access agreement to the east with the Weiss school parcel. Councilmember
Furtado favored a tunnel for safety reasons. Mr. Doughney proposed closing certain access to
ballfields to route the pedestrian traffic to the proposed intersection. The number of people actually
crossing the street, increased traffic and lanes, grant funds, and pros and cons of the alternatives were
discussed. Resident Richard Orman expressed concern with increasing the number of lanes to DOT
standard, safety concerns regarding the alternative that included a rise in the road, complimented
staff on their innovative solution, and favored moving the staff recommendation forward. City
Engineer Dan Clark commented the road had been designed to City standards, not DOT or County
standards, to be more City friendly. Direction to staff was to proceed with their recommended
alternative.
COMMENTS FROM THE PUBLIC:
Joan Elias, Diamond Head Way, expressed excitement over the proposed new alternative for the
Burns Road project, and congratulated staff and the City Council for the good neighborhood
association meeting held during the past week.
CONSENT AGENDA:
Councilman Clark made a motion to approve the Consent Agenda. Vice Mayor Jablin seconded the
motion, which carried by unanimous 5 -0 vote. The following items were approved on the Consent
Agenda:
a. Minutes - Consideration of approving minutes of the May 3, 2001 Regular City Council
Meeting.
b. Florida Firefighter Physical Games - Consideration of supporting the Fire Rescue Department
in hosting the Florida Firefighter Fitness Games in the year 2004.
C. Resolution 82, 2001 - St. Mark's Plat. Consideration of approving the St. Mark's Church
Plat.
d. Resolution 84, 2001 - Mirasol Parcel 20 Concurrent Processing. Consideration of approving
concurrent processing of applications submitted by Taylor Woodrow Communities at
Mirasol, Ltd., for site plan review of Parcel 20 and for an amendment to the Mirasol Planned
CITY COUNCIL REGULAR MEETING, 6/7/01
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Community Development located on the northwest comer of PGA Boulevard and the Florida
Turnpike.
e. Resolution 95, 2001 - Acceptance of Donation of Land. Consideration of executing an
agreement with Seacoast Utility Authority relating to the Lilac Street Water Plant Property;
authorizing the acceptance of a quit Claim Deed and the Grant of Utility and Access
Easements.
f. Resolution 88, 2001 - South Florida Water Management District Sand Hill Crane
Conservation Project. Consideration of approving an application from South Florida Water
Management District for removal of exotic vegetation, reforestation and hydrologic
restoration within the Sand Hill Crane Natural Area, located northeast of the Bee Line
Highway approximately three miles north of PGA Boulevard; providing for a condition of
approval.
g. Master Plan for District Park. Consideration of rejecting all proposals received for Master
Plan for District Park Project.
h. Award of Bid - Gardens Park Remediation Project. Consideration of awarding the contract
to Ardaman Associates, Inc. for Year One Operation and Maintenance of the Remediation
System for the Gardens Park Contamination Project.
i. Resolution 89, 2001— Frenchman's Reserve Parcel A Site Plan. Consideration of approving
a site plan application for "Pod A" located within the Frenchman's Reserve Planned
Community Development, allowing for the development of 43 single - family homes, located
approximately 1/4 mile east of the intersection of Hood Road and Alternate AIA; providing
for conditions of approval; providing for waivers.
j. Resolution 90, 2001— Frenchman's Reserve Entry and Signage. Consideration of approving
a site plan application allowing for the construction of entry features and signage within the
Frenchman's Reserve Planned Community Development (PCD) and adjacent County right -
of-way; located directly east of the intersection of Hood Road and Alternate AlA, providing
for conditions of approval; providing for waivers.
k. Resolution 94, 2001 - Village Square Professional Park Plat. Consideration of approving the
Village Square Professional Park Plat.
PUBLIC HEARINGS:
Ordinance 12, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance
12, 2001 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing
for the approval of an application from the PGA Marriott for an amendment to a Planned Unit
Development that would permit a ground sign at the entrance to the PGA Marriott Hotel, located at
4000 RCA Boulevard, as more particularly described herein; providing for a waiver; and providing
for an effective date. Growth Management Director Charles Wu presented the request. Hearing no
comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark made
a motion to place on second reading by title only and to approve Ordinance 12, 2001. Motion was
seconded by Vice Mayor Jablin and carried by unanimous 5 -0 vote. The City Clerk read Ordinance
12, 2001 on second reading by title only.
Resolution 81, 2001 - Mayor Russo declared the public hearing open, held on the intent of
Resolution 81, 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);
CITY COUNCIL REGULAR MEETING, 6/7/01
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providing for amendment of the Master Development Plan to reconfigure the alignment of Victoria
Gardens Drive, relocate the Neighborhood Commercial Parcel 6; redesignate the use of Parcel 6 as
Multifamily Residential, relocate Parcel 4 to the east of the Water Management Tract, redistribute
the acreage of Parcel 7 equally between Parcel 4 and the community serving open space area around
Lake Victoria, increase the square footage of commercial uses by 278,888 square feet, and amend
condition #1 to establish and adopt a land -use conversion matrix; providing that the City Clerk shall
transmit copies of this 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; and
providing for an effective date. Growth Management Director Charles Wu advised that Resolution
81, 2001, which was continued from May 17, 2001 did not need to be heard tonight, and would be
re- advertised when the applicant was ready. Hearing no comments from the public, Mayor Russo
declared the public hearing closed. The City Attorney advised that no action was necessary.
RESOLUTIONS:
Resolution 86, 2001 - Councilmember Sabatello declared a conflict of interest and stepped down.
A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for approval
of a site plan for the construction of 23 single family units on 7.48 acres within Parcel 21 in the
BallenIsles Planned Community District, as more particularly described herein; providing for
conditions of approval; providing for waivers; providing for conflicts; providing for severability; and
providing for an effective date. Growth Management Director Charles Wu provided the staff
presentation. Councilmember Clark made a motion to approve Resolution 86, 2001. Vice Mayor
Jablin seconded the motion, which carried by unanimous 4 -0 vote. Roy Davidson, BallenIsles
developer, thanked the City Council, staff, and design firms for the opportunity to work with them.
Resolution 97, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida,
providing for the appointment of five (5) regular members and one (1) alternate member to the Parks
and Recreation Advisory Board of the City of Palm Beach Gardens in order to fill expired terms;
and, providing for an effective date. The City Attorney clarified that related family members could
not serve on any advisory board directly appointed by the City Council after the population of the
City had exceeded 35,000. Councilmember Furtado noted that one of the proposed appointees was
qualified in ADA, Councilman Clark moved approval of Resolution 97, 2001 with the following
names inserted in the blanks in Section One: Mary Anne Hedrick, Robert G. Premuruso, Philip W.
Milton, Tori Buckley, Mark Konigsberg; and inserted in the blank in Section Two: Pam Sartory.
Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote.
ORDINANCES:
Ordinance 11, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida,
relating to road impact fees; amending Sections 49, 50, 51, 54, 55, and 57 of Division IV, "Citywide
Impact Fees," of Article III, "Development Review Process," of the City's Land Development
Regulations to delete references to "Collector Roads" and to clarify those provisions relating to
alternative payments and credits for the payment of road impact fees; providing for codification;
providing for severability; and providing for an effective date. Finance Director Olson explained
that this ordinance addressed items which had been overlooked and left out of Ordinance 31, 2000.
Councilman Clark moved to place Ordinance 11, 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
11, 2001 on first reading by title only.
CITY COUNCIL REGULAR MEETING, 6/7/01
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Ordinance 17, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida,
relating to communications facilities in public rights -of -way; amending Chapter 62 of the City Code
of Ordinances to create a new Article VII entitled "Placement of Communications Facilities in
Rights -of- Way;" providing for definitions; providing for registration for placing or maintaining
communications facilities in public rights -of -way; providing for notice of transfer, sale or assignment
of assets in public rights -of -way; providing for placement or maintenance of a communications
facility in public rights -of -way; providing for suspension permits; providing for appeals; providing
for existing communications facilities in public rights -of -way; providing for insurance; providing
for indemnification; providing for construction bond; providing for security fund; providing for
enforcement remedies; providing for abandonment of a communications facility; providing for force
majeure; providing for reservation of rights and remedies; providing for codification; providing for
severability; providing for conflicts; and providing for an effective date. Councilman Clark moved
to place Ordinance 17, 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 17, 2001 on first reading by
title only.
ITEMS FOR COUNCIL ACTION:
Cost of Inventory for Retention and Detention Ponds and Request from Councilmember Furtado for
Herb Zebuth to address City Council regarding Retention and Detention Ponds - City Engineer Dan
Clark explained that the proposed inventory contract would cover all water storage facilities within
the City to provide information for the GIS database and to learn whether any control structures had
been modified to release water faster without the City's knowledge, which worsened conditions
downstream. Concern was expressed regarding the cost of the proposed inventory. Councilmember
Furtado suggested a presentation from Herb Zebuth, with the Florida Department of Environmental
Protection, be made before making a decision to do an inventory since that would incur no cost and
he might suggest something better. City Manager Ferris indicated presentation of a plan for the
canals was planned for the June 21 City Council meeting. Councilman Sabatello suggested the
consultant for the canal plan be present for Mr. Zebuth's presentation.
ITEMS FOR DISCUSSION:
Fathom Restaurant (formerly_ Hibiscus) Outdoor Seating. Review of impacts of outdoor seating at
Fathom's Restaurant (f/k/a Hibiscus Restaurant)- (Continued from May 17, 2001). - Growth
Management Director Charles Wu explained that the original approval required this project to be re-
visited in May, 2001 to assure that the conditions of approval had been met; however, there was no
sunset clause; and presented a letter dated May 29, 2001 from Mr. Arnold, a resident living adjacent
to the property, regarding code enforcement items which the City was acting on and noise
complaints. Mr. Wu reviewed correspondence received in connection with this matter; indicated that
staff believed the conditions of approval had been met and would continue to closely monitor,
especially for noise violations. The City Attorney advised that it had been made very clear to the
applicant that this approval could be revoked by the City Council in the event of violations. Jim
Brindell, with The Breakers, acknowledged that the applicant agreed, and was continuing to work
with Mr. Arnold by placing tables with four on the north side close to Mr. Arnold's property and the
tables with six farther away. Councilman Clark recommended that large parties occupying multiple
tables not be seated on the north side. Councilman Sabatello complimented the management for
their efforts.
CITY COUNCIL REGULAR MEETING, 6/7/01 6
Kyoto Drive Railroad Crossing Update - Principal Planner Steve Cramer reported the FEC Railroad
had indicated they would not approve the proposal, and a notice of intent from FDOT was
anticipated on Friday, June 15, after which the City could request an administrative hearing before
the State of Florida, and the hearing officer could approve or deny the application. If the City did
not agree with the hearing officer's decision, this matter could be taken to Court. City Engineer Dan
Clark indicated a meeting had been held with FEC, DOT, and residents on May 11 regarding
crossing issues, after which a letter had been received from FEC, dated May 29. Since the letter had
contained many inaccurate statements, the City had prepared a response which it was hoped would
cause the FEC to reconsider based on new and accurate information. The City Engineer advised that
the proposal to go over the tracks would mean the road deck must be approximately 42' high to clear
both the tracks and the on ramp; therefore, the at -grade crossing was being pursued. The City
Engineer noted the County was entertaining incentive grants for road improvements, and the City
had applied for a $1.6 million grant for Kyoto Drive. Vice Mayor Jablin questioned whether the
CRALLS designation for PGA Boulevard could be lost if the Kyoto Drive linkage with Military
Trail did not happen. Discussion ensued. The City Council's position was to support the at -grade
crossing and to create a quiet zone that would include Kyoto Drive. Ken Blair, Catalfumo, who
would be building the road, indicated it would be a minimum of 3 years before construction would
begin. Vice Mayor Jablin requested he be allowed to show a video at the next meeting of a type of
gate which might be useful for Kyoto Drive to close the road from 10 p.m. to 6 a.m., and indicated
that his goal was to establish a quiet zone to include the crossing at Donald Ross Road extending
through and including the Lighthouse Drive railroad crossing.
ADJOURNMENT:
There being no further business to discuss, upon motion
Mayor Jablin, carried 5 -0, the meeting was WoAed 0
APPROVAL:
ATTEST: l-
4 j
CAROL GO
CIT=Y ,GIB.
Clark, seconded by Vice
50
VI C JABLIN
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F MAN DA VID CLARK
WOMAN LAUREN FURTADO
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
1 \-S1 NA\11 1 IRI- 1 N \MI MIDDI I NAME
NAME OF HOARD. COUN( 11 . COMMISSION. AU I IIOR11 Y. OR COMMI lEE
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1 Ht• HOARD. COUNC 1_ C'OINMISSION. AM HORIII OR COMMITTEE ON
WHICH 1 SERVE IN A ANTI OF
A"Cftr O COUNTY O Ol HER LOCAL AGENCY
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VANE Of POLITICAL
DAl'E 01 WHICH VOIFF. OCCURRFD
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MY POSITION IS:
0'- 1:LECTIVE O APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission. authority, or committee It applies equally to members of advisory and non - advisory bodies who are presented
with a voting conflict of interest under Section 112.313. Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the'instructions on this form
before : ompleting ;he reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective count*,, municipal. or other local public office NILST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE COTE BEING TAKE` b% publicly stating to the as.embly the nature of %our interest in the measure on
which you are abstaining from voting. and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOiNTED OFFICERS:
A person holding appointive county, municipal, or other local public office NIUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
iF YOU INTEND TO MAKE .ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
• You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form ,hould be provided immediately to the other members of the agency.
• The form ,hould be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
( F �)RM.14 1. K.E
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and rile it within 15 days after the vote occurs with the person responsible.for recording the minutes
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1. Lam` A - hereby disclose that on y "`'0-S-'
(a) A measure came or will come before my agency which (check one)
inured to my special private gain: or
inured to the special gain of
(b) The measure before my agency and the nature of my interest in the measure is as follows:
(,e of
Date Filed
by whom I am retained.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000.
CE FORM 88 . 1-of PAGE 2