HomeMy WebLinkAboutMinutes Council 062101CITY COUNCIL REGULAR MEETING, 6/21/01
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
June 21, 2001
The June 21, 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: Vice Mayor Eric Jablin, Councilmember David Clark, and Chair Pro Tern Carl
Sabatello. Mayor Joseph R. Russo and Councilmember Lauren Furtado were absent from the
meeting.
PRESENTATIONS
Vice Mayor Jablin read a proclamation recognizing the achievement of Palm Beach Gardens
Hampton Inn, designated the best Hampton Inn in the world for the year 2000 and the first quarter
of 2001.
ITEMS AND REPORTS BY MAYOR AND COUNCIL
Vice Mayor Jablin introduced elected official Jeff Atwater, who reported that the Turnpike Authority
had indicated to the MPO that they intended to place a turnpike interchange directly behind
Steeplechase in a T -bone interchange leading over the turnpike westward to Jog Road and they
would build Jog Road from 710 to their interchange. The MPO had asked that discussion on this
be tabled. Mr. Atwater had advised the Turnpike Authority representative that he did not favor this
proposal. Vice Mayor Jablin called on Chief Bergel, who reported Public Broadcasting Station had
filmed a documentary on automatic defibrillators at PGA National and that City personnel had
participated in the show which would be shown on national television, and PBS had agreed to donate
an automatic defibrillator to the City. Councilmember Sabatello recommended and received
consensus to send a letter of congratulation to the new Principal of Dwyer High School and to
express the City's support.
CITY MANAGER REPORT
Public Information Report - City Manager Ferris indicated he was available to answer any questions
regarding the report which had been included in the packets.
REORDER AGENDA:
Councilmember Clark made a motion to reorder the agenda to hear Item for Discussion XIII (b)
regarding the FEC Railroad Crossing immediately following comments from the Public. Motion was
seconded by Councilmember Sabatello and unanimously carried by 3 -0 vote.
COMMENTS FROM THE PUBLIC:
Richard Orman expressed concern regarding proposed changes to the comprehensive plan requested
by developer WCI, and urged that staff be very careful about letting developers dictate changes rather
than the residents. The Vice Mayor indicated there would be ample opportunity for residents to
comment during the public hearings.
Pat Hughey expressed concern over an incident where her grandchildren had gone to Lake Catherine
to play ball when no games were scheduled and had not been allowed to play there, and that the
Burns Road playground gates had been locked and children were not allowed to play there either.
CITY COUNCIL REGULAR MEETING, 6/21/01 2
Mrs. Hughey was upset that her tax dollars were spent for playgrounds on which children were not
allowed to play and requested help from the City Council. Mrs. Hughey expressed thanks to the
Police Department for a quick response to an elderly resident during the past week. Mrs. Hughey
was requested to contact the City Manager regarding use of the playgrounds.
CONSENT AGENDA:
Councilman Clark made a motion to approve the Consent Agenda. Councilmember Sabatello
seconded the motion, which carried by unanimous 3 -0 vote. The following items were approved on
the Consent Agenda:
a. Minutes - Consideration of approving minutes of the May 17, 2001 Regular City Council
City Meeting.
b. Resolution 61, 2001 - Uniform Traffic Control Agreement. Consideration of approving an
agreement with The Meadows Resort Partnership for uniform traffic control on private
streets and roadways in the Meadows Community.
C. Resolution 92, 2001 - DiVosta and Company Deed. Consideration of accepting a deed from
DiVosta and Company for a tract of land within Plat No. 4, and authorizing recordation of
the deed in the Public Records.
d. Resolution 96, 2001 - Lease Agreement with Sprint Spectrum L.P. Consideration of
executing a lease agreement with Sprint L.P. for the installation and operation of a wireless
telecommunications facility at 11401 Northlake Boulevard (City's Municipal Golf Course).
e. Resolution 98, 2001 - NorthCorp PCD Lots 10 & 11 Covered Parking Waiver. Consideration
of approving a major site plan amendment for the construction of three covered parking
structures over an existing portion of Lot 10 and Lot 11 of South Park center (a.k.a. 4600
East Park Drive) within the NorthCorp Planned Community District; providing for a waiver;
providing for a condition of approval.
f. Resolution 99, 2001 - Regional Center Parcels 27.09/27.13 (a.k.a. Legends at the Gardens)
and Water Management Tract 3 -B Plat. Consideration of approving the Regional Center
Parcels 27.09/27.13 and Water Management Tract 3 -B Plat.
ITEMS FOR DISCUSSION:
FEC Railroad Crossing - Consideration of a request by Roger Blangy to repeal Resolution 147, 1999,
which supports a planned at -grade railroad crossing at Kyoto Gardens drive and Alternate Al A.
Vice Mayor Jablin reported on work to obtain a quiet zone extending from Donald Ross Road to
Lighthouse Drive and showed a video of crossings that had been fitted with new safety barrier gates.
The Vice Mayor indicated he wanted to continue working toward getting a quiet zone. Principal
Planner Steve Cramer explained that deleting the railroad crossing would delay the Flyover project
and add considerable cost to re -do the plans. Growth Management Director Charles Wu reviewed
the impact on the CRALLS designation in the event of elimination of this railroad crossing, which
included revisiting of the CRALLS application, re- negotiation of the settlement agreement,
amendment of the comprehensive plan, revisiting the linkage plan and the City's CRALLS
designation, revisiting the PGA Flyover design, re- review of project 5A which received concurrency
based on the existing linkages, and noted that future projects requesting concurrency needed the
CRALLS. The City Attorney commented a lot of projects needed the CRALLS for concurrency and
if the CRALLS was not granted PGA Boulevard would have to be widened or there would be
potential liability from landowners who could not develop their property. Vice Mayor Jablin
proposed an alternative of a quiet zone and closing Kyoto Drive at 10 p.m. Roger Blangey read a
CITY COUNCIL REGULAR MEETING, 6/21/01 3
letter from FEC Railway to the City Manager opposing the at -grade crossing at the proposed location
and asked what the Vice Mayor would do to gain acceptance of the at -grade crossing. The Vice
Mayor proposed to increase safety by providing supplemental safety measures on each of the six
grade crossings in the City using new technology, and commented that the FEC was asking to build
another flyover in lieu of the grade crossing, that the same number of trips would move to another
crossing if this one was deleted, that FDOT had sole authority to approve crossings and it would be
left in their hands. Discussion ensued. Sharon Long, Garden Woods resident, expressed support
for a quiet zone and requested a better computer traffic model from the County. Vice Mayor Jablin
read from a letter indicating the County could take away the City's CRALLS designation if Kyoto
Drive was deleted from the City's linkage plan. John Arosa, Plat 4 resident, indicated support for
a quiet zone but was against the proposed at -grade crossing before the quiet zone was instituted, and
suggested a noise study, and a study which might indicate the crossing was not really needed. Vice
Mayor Jablin reported he had contacted four of the major developers on the corridor and all had
pledged to help with funding the quiet zone and the supplemental safety measures. The Vice Mayor
expressed his belief that if everyone worked together the quiet zone would become a reality. An
alternative crossing location was suggested. Bob Kaplan, 102 Windward Drive, expressed his
opinion that everyone must establish in their own minds if the Kyoto Crossing was needed to relieve
the traffic on PGA, and if that was the case, the risk to the City by not having that crossing to relieve
the traffic became much greater than should be acceptable to the entire City because of its cascading
effect on development. Mr. Kaplan did not favor a second flyover, and supported the grade crossing
helped with CRALLS and the development, and if so, to pursue the quiet zone and supplemental
safety measures. Councilmember Sabatello indicated he understood the residents wanted Resolution
147, 1999 because of the noise, but the noise would be about the same after moving the crossing,
and a City -wide network was now what needed to be considered. Councilmember Sabatello favored
pursuing the quite zone and supplemental safety measures, advised that the County dictated to the
City the traffic performance and determined roadways, and indicated he saw no reason to repeal
Resolution 147, 1999. Councilmember Clark stated he agreed with Councilmember Sabatello, and
commented that the City Council's goal was to work hard to determine the best interests of the entire
City and when that resulted in a negative for residents of a particular neighborhood to do their best
to take away that negative in some other way, which was what was being done here.
Councilmember Clark indicated that efforts would continue to get rid of the train noise and he said
there is no reason to repeal Resolution 147, 1999. Vice Mayor Jablin indicated he would provide
updates on his efforts.
PUBLIC HEARINGS:
Ordinance 19, 2001 - Vice Mayor Jablin declared the public hearing open, held on the intent of
Ordinance 19, 2001 - for consideration of first reading. An ordinance of the City Council of the City
of Palm Beach Gardens, Florida, amending the comprehensive plan of the City of Palm Beach
Gardens by changing the land use designation on approximately five acres of land located at the
southwest corner of Northlake Boulevard and Congress Avenue, from Industrial to Commercial;
providing for transmittal to the Department of Community Affairs, providing for severability;
providing for conflicts; and providing for an effective date. Councilman Clark made a motion to
continue Ordinance 19, 2001 to July 5, 2001. Motion was seconded by Councilmember Sabatello
and carried by unanimous 3 -0 vote.
CITY COUNCIL REGULAR MEETING, 6/21/01 4
Ordinance 20, 2001 - Vice Mayor Jablin declared the public hearing open, held on the intent of
Ordinance 20, 2001 - for consideration of first reading. An ordinance of the City Council of the City
of Palm Beach Gardens, Florida, amending the Comprehensive Plan of the City of Palm Beach
Gardens by changing the land use designation for parcels known as 31.08 and 31.11, totaling
approximately 80.55 acres, located at the northeast and northwest corners of Central Boulevard and
I -95, from mixed use to residential high; providing for transmittal to the Department of Community
Affairs; providing for severability; providing for conflicts; and providing for an effective date.
Councilman Clark made a motion to continue Ordinance 20, 2001 to July 5, 2001. Motion was
seconded by Councilmember Sabatello and carried by unanimous 3 -0 vote.
Ordinance 21, 2001 - Vice Mayor Jablin declared the public hearing open, held on the intent of
Ordinance 21, 2001 - for consideration of first reading. An ordinance of the City Council of the City
of Palm Beach Gardens, Florida, amending the Comprehensive Plan of the City of Palm Beach
Gardens by changing the land use designation to allow for golf testing facilities and other golf related
uses with up to 15,000 square feet of building area; providing for transmittal to the Department of
Community Affairs, providing for severability; providing for conflicts; and providing for an effective
date. Councilman Clark made a motion to continue Ordinance 21, 2001 to July 5, 2001. Motion
was seconded by Councilmember Sabatello and carried by unanimous 3 -0 vote.
Ordinance 22, 2001 - Vice Mayor Jablin declared the public hearing open, held on the intent of
Ordinance 22, 2001 - for consideration of first reading. An ordinance of the City Council of the City
of Palm Beach Gardens, Florida, amending the Comprehensive Plan of the City of Palm Beach
Gardens by changing the land use designation on approximately 13.5 acres of land, located at the
southwest corner of Donald Ross Road and Central Boulevard, from Mixed Use to Commercial;
providing for transmittal to the Department of Community Affairs; providing for severability;
providing for conflicts; and providing for an effective date. Councilman Clark made a motion to
continue Ordinance 22, 2001 to July 5, 2001. Motion was seconded by Councilmember Sabatello
and carried by unanimous 3 -0 vote.
Ordinance 23, 2001 - Vice Mayor Jablin declared the public hearing open, held on the intent of
Ordinance 23, 2001 - for consideration of first reading. An ordinance of the City Council of the City
of Palm Beach Gardens, Florida, amending the Comprehensive Plan of the City of Palm Beach
Gardens by deleting Roadways #18 and #12 from the Conceptual Thoroughfare Plan and a parkway
link from the Conceptual Linkage Plan that traverses through Parcel 31.01 located at the northwest
corner of PGA Boulevard and Central Boulevard; providing for severability; providing for conflicts;
and providing for an effective date. Councilman Clark made a motion to continue Ordinance 23,
2001 to July 5, 2001. Motion was seconded by Councilmember Sabatello and carried by unanimous
3 -0 vote.
Ordinance 24, 2001 - Vice Mayor Jablin declared the public hearing open, held on the intent of
Ordinance 24, 2001 - for consideration of first reading. An ordinance of the City Council of the City
of Palm Beach Gardens, Florida, amending the Comprehensive Plan of the City of Palm Beach
Gardens by deleting Roadway #15 and #12 from the Conceptual Thoroughfare Plan between
Alternate AlA and Military Trail; providing for severability; providing for conflicts; and providing
for an effective date. Councilman Clark made a motion to continue Ordinance 24, 2001 to July 5,
2001. Motion was seconded by Councilmember Sabatello and carried by unanimous 3 -0 vote.
Ordinance 25, 2001 - Vice Mayor Jablin declared the public hearing open, held on the intent of
Ordinance 25, 2001, for consideration of first reading - An ordinance of the City Council of the City
CITY COUNCIL REGULAR MEETING, 6/21/01 5
of Palm Beach Gardens, Florida, amending Article IV, "Zoning Districts," of the land development
regulations of the City of Palm Beach Gardens by amending Section 93, "Permitted Uses,
Conditional, and Prohibited Uses," subsection 0)(66), "Excavation and Fill, and Borrow Pit
Operations" to allow excavation and fill operations as an independent development order; providing
for codification; providing for severability; providing for conflicts; and providing for an effective
date. Growth Management Director Charles Wu explained that developers with excess fill would be
able to move it to other areas within the City with this proposed change. Hearing no comments from
the public, Vice Mayor Jablin declared the public hearing closed. Councilman Clark made a motion
to place Ordinance 25, 2001 on first reading by title only. Motion was seconded by Councilmember
Sabatello and carried by unanimous 3 -0 vote. The City Clerk read Ordinance 25, 2001 on first
reading by title only.
RESOLUTIONS:
Resolution 100, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida,
relating to the collection of permit fees from providers of communications services and the local
communications services tax rate; providing for intent; providing for election not to require and
collect permit fees; providing for election to increase local communications services tax; providing
for notice to the Department of Revenue; providing for severability; providing for conflicts;
providing for an effective date; and for other purposes. Finance Director Kent Olson explained the
tax would eliminate the City's ability to levy a franchise fee on telephone and cable, which would
be replaced by a local communications tax, recommended to be at. 12% to take advantage of State
incentives as opposed to collecting a permit fee and using a lower rate. Telephone bills would
increase while cable bills would go down, intended to even out. Councilman Clark made a motion
to adopt Resolution 100, 2001. Motion was seconded by Councilman Sabatello and carried by
unanimous 3 -0 vote.
Resolution 101, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida,
relating to the local communications services tax rate; providing for intent; providing for an
increased local communications services tax rate; providing for notice to the Department of
Revenue; providing for severability; providing for conflicts; providing for an effective date; and for
other purposes. Finance Director Kent Olson explained this was the same topic as Resolution 100,
2001, setting future tax rates. Councilman Clark made a motion to adopt Resolution 101, 2001.
Motion was seconded by Councilman Sabatello and carried by unanimous 3 -0 vote.
Resolution 102, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida,
authorizing the Mayor and City Clerk to execute an amendment to memorandum of agreement of
May 18, 2000 with the Florida Department of Transportation for the beautification and maintenance
of PGA Boulevard (S.R. 786); and providing for an effective date. Growth Management Director
Charles Wu provided an update on median landscaping on PGA Boulevard from Fairchild Gardens
to U.S. One, which would be revisited within the next few months, to request approval of the
landscape plan, and to amend the landscaping maintenance agreement to extend to U.S. One. The
City would be responsible for maintaining three landscape islands. Donaldson Hearing, representing
the Florida Department of Transportation, presented the landscape plan that would eliminate
vegetation that blocked clear sight triangles, and provide replacement groundcovers that would meet
current requirements. Mr. Hearing explained that as many trees and landscape materials as possible
would be retained. Councilmember Sabatello requested the City Manager to research whether efforts
to avoid removing landscaping had been exhausted. Flyover and WCI roadway median landscaping
CITY COUNCIL REGULAR MEETING, 6/21/01 6
was discussed. The City Forester clarified Fathoms Restaurant maintained the embankment and the
City did not extend that maintenance requirement for the landscape island, and those possible
upcoming Waterway Cafe and Soverel Marina projects could be required to maintain the other two
islands. Initial funding of irrigation was discussed. Mr. Hearing described the landscaping for the
island close to U.S. One. Councilman Clark expressed a preference for two trees in that median and
agreed with Councilmember Sabatello that he wanted to see if more trees could be preserved. The
City Attorney clarified that this resolution was only for the landscape maintenance of the islands. Mr.
Hearing indicated variances had been approved on other projects. Councilman Clark made a
motion to adopt Resolution 102, 2001. Motion was seconded by Councilman Sabatello and carried
by unanimous 3 -0 vote.
Resolution 103, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida,
granting one waiver to the requirements of Policy 1.1.5. L(a).2 of the Future Land Use Element of
the City's comprehensive plan for the minimum size threshold for parcel 18.A02, which consists of
approximately 9.3 acres; providing for conflicts; and providing for an effective date. Growth
Management Director Charles Wu explained this property existed prior to the required date and
would not further urban sprawl; therefore, staff recommended approval of this resolution. Attorney
Ray Royce spoke on behalf of the applicant, Florida Power & Light. Councilman Clark made a
motion to adopt Resolution 100, 2001. Motion was seconded by Councilman Sabatello and carried
by unanimous 3 -0 vote.
ORDINANCES:
Ordinance 13, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida,
providing for the approval of an application from Fercon Florida, Inc. to amend a previously
approved planned unit development by deleting section 7 of ordinance 16, 1987, as amended, that
requires, by a date certain, the complete construction of the 51 single - family residential units on the
Hidden Hollow Planned Unit Development (PUD) site, located on the south side of Northlake
Boulevard, 1/2 mile west of Military Trail, as more particularly described herein; providing for
severability; providing for conflicts; and providing for an effective date. Growth Management
Director Charles Wu presented the application. Michael Sabatello, representative for the applicant,
described progress to date on the project. Councilman Clark made a motion to place Ordinance 13,
2001 on first reading by title only. Motion was seconded by Councilman Sabatello and carried by
unanimous 3 -0 vote. The City Clerk read Ordinance 13, 2001 on first reading by title only.
Ordinance 18, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida,
providing for amendment of Ordinance 8, 2000, the development order for the Mirasol Planned
Community District (f.k.a. Golf Digest Planned Community District), by adopting an amended
development order; providing for amendment of the Master Development Plan to reconfigure golf
and residential development parcels; providing for modified conditions of approval; providing for
severability; providing for conflicts; and providing for an effective date. Principal Planner Karen
Craver presented the project. Vice Mayor Jablin requested a commitment from the School Board
so that the proposed school site would not revert back to the developer before second reading. Anne
Booth, Urban Design Studio, representative for the applicant, described the proposed
reconfigurations. Ms. Booth explained there was full disclosure to all prospective homeowners of
the proximity of the Seacoast Utility plant. Councilmember Sabatello disclosed he was a builder in
a pod unaffected by the amendment. Jim Harvey, Taylor Woodrow Company, advised there were
pipes connecting the two sides of the preserve primarily for hydraulic connection but which would
CITY COUNCIL REGULAR MEETING, 6/21/01 7
also facilitate crossings for small animals. Councilman Clark recommended other passages for
animals. Councilman Clark made a motion to place Ordinance 18, 2001 on first reading by title
only. Motion was seconded by Councilman Sabatello and carried by unanimous 3 -0 vote. The City
Clerk read Ordinance 18, 2001 on first reading by title only.
ITEMS FOR DISCUSSION:
Linda Hughey, Reed Drive, commented the softball program had 25 participants, and that George
was doing a great job. Mrs. Hughey questioned why swales on her street were being done in
unrelated areas which was not cost effective, and reported she had heard placement was complaint
driven. Vice Mayor Jablin advised that City Manager Ferris would contact Mrs. Hughey.
Alternate AIA Roadway Beautification Grant - Growth Management Director Charles Wu advised
this beautification was from Burns Road going south 1,000 feet and listed the costs which the City
would incur by accepting this grant, which had not been included in the budget workshop.
Councilmember Sabatello indicated this was expensive for such a short piece of roadway and there
were other areas where the money could be better used at the present time. Vice Mayor Jablin
agreed; Councilmember Clark disagreed. Mr. Wu asked if staff should pursue more grants of this
type. Vice Mayor Jablin requested staff pose this question at another meeting when a full Council
was present. Staff received direction to release the grant.
ADJOURNMENT:
There being no further business to discuss, upon motion by Councilman Clark, seconded by
Councilmember Sabatello, carried 3 -0, the meeting was adjo ed at 10 :20 p.m.
APPROVAL: _
R. RUSSO
VIC AYO �4'RX J ABLIN
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50UNCILMAN DAVID CLARK
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COUNCILWOMAN LAUREN FURTADO
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CAROL GOLD
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