HomeMy WebLinkAboutMinutes Council 070501CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
July 5, 2001 .
The July 5, 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 Lauren Furtado,
and Chair Pro Tem Carl Sabatello. Councilmember David Clark was absent from the meeting.
PRESENTATIONS
Senator Ken Pruitt provided a legislative update, expressed his opposition to a turnpike interchange
at Northlake Boulevard, and presented a check to the City for the District Park.
Kent Olson, Finance Director, who was leaving the City for a position in Orlando, was presented
with a key to the City in appreciation for his years of service.
ITEMS AND REPORTS BY MAYOR AND COUNCIL
Councilmember Furtado announced John Gary had become a first -time grandfather, that his
partner's wife was responsible for all of the public school lunches, and that another resident, Bill
Myers, would provide a jazz program at the library beginning in October. Councilmember Furtado
expressed thanks to George Kelley for changing his sign on Burns Road, and announced that in
Florida Trend Magazine four of the top 250 companies listed were in Palm Beach Gardens: two
Wackenhut companies, Dicon Industries, and Correctional Properties Trust. Vice Mayor Jablin
announced he had met with Derrick Carroll, Director of the Palm Beach Gardens concert band, to
pursue ideas about a concert series. The Vice Mayor reported he was also working on a green
market.
CITY MANAGER REPORT
Consultant Services for Stormwater Management - City Manager Ferris announced receipt of a
flyer from the Department of Transportation regarding PGA BOULEVARD Bridge closures. The
City Manager recommended Lindahl, Browning, Ferrari and Hellstrom, Inc. (LBFH) to provide
consultant services for stormwater management under a scope of services not to exceed $46,000.
Estimated time for LBFH to provide a report, the result of which would be to list priorities and
estimated prices, was discussed. Councilmember Furtado noted the City had already paid LBFH
over the years for reports and documentation which they would use in this project, and
recommended an in -house engineer take possession of this documentation and coordinate it, and go
forward with a master plan. Discussion ensued. Consensus was to move forward at this time with
LBFH and save money in the following years. Vice Mayor Jablin made a motion to authorize the
City engineer to proceed on the stormwater services. Councilmember Sabatello seconded the
motion. During discussion of the motion, Councilmember Furtado asked if there were emergency
plans for flood control, to which the City Manager responded standard operating procedures had
been upgraded to deal with these problems. The Mayor suggested presentation of a plan to deal
with flooding at the Gardens Neighborhood meeting. Motion carried by unanimous 4 -0 vote.
Mayor Russo proposed a survey regarding whether City managers in other municipalities lived
within their cities. The City Attorney was requested to present this survey at the next meeting.
COMMENTS FROM THE PUBLIC:
Paula Magason, 3167B Gardens East Drive, expressed concern with speeders and parking in the
swales on Gardens East Drive; that Code Enforcement did not tow the cars from swales; and grass
and irrigation were destroyed which the Sandalwood Association must replace. The City Attorney
indicated he would coordinate enforcement of the codes.
Barbara Broadbeck, 3941 Flag Drive, thanked City staff for a delightful 35 years residency in this
City. Ms. Broadbeck commented she had suffered three floods during the past 5 %2 years since the
Church in the Gardens had added a parking lot, and read a letter dated 1995 in which the church
had promised to look into this matter. Ms. Broadbeck requested that a temporary structure not be
placed at the church site until the drainage problems were resolved, which was Resolution 67,
2001, on the agenda.
Roger Blangy, Garden Woods, presented a letter in which he recommended a future Tri Rail station
near Parcel 5A and Kyoto Drive to provide access to proposed future shopping areas, a movie
theater, and Gardens Mall. Mr. Blangy proposed use of some land owned by Catalfumo
Construction Company and his belief that compensation could be worked out, to replace the at-
grade crossing near Garden Woods. Mr. Blangy indicated Garden Woods residents opposed the
proposed at grade railroad crossing, did not believe a quiet zone could be put in force, and
explained that he planned to attend an upcoming FDOT meeting to review the PGA flyover
southwest ramp, and requested a representative of Catalfumo Construction Company also attend.
CONSENT AGENDA:
Councilman Furtado made a motion to approve the Consent Agenda with the date changed in
Resolution 114, 2001 from Monday, September 4 to Tuesday, September 4. Vice Mayor Jablin
seconded the motion, which carried by unanimous 4 -0 vote. The following items were approved on
the Consent Agenda:
a. Minutes - Consideration of approving minutes of the June 6, 2001 Regular City Council
City Meeting.
b. Resolution 110, 2001 - Amending Investment Policy. Consideration of approving an
amended investment policy.
C. Resolution 113, 2001 - Agreement for Disaster Recovery. Consideration of awarding a
"piggyback" contract for disaster recovery services to Grubbs Construction Company.
d. Resolution 114, 2001 - Changing Dates for Regular City Council Meetings in September.
Consideration of changing the regularly scheduled meeting dates for the month of
September.
e. Resolution 115, 2001 - Financial Assistance Agreement with Palm Beach County for the
Burns Road improvements. Consideration of executing a Financial Assistance Agreement
with Palm Beach County relating to the Burns Road improvements.
f. Resolution 117, 2001 - Florida Intergovernmental Finance Commission. Consideration of
amending Resolution 14, 2001 to designating the City Manager as the City of Palm Beach
Gardens' representative on the Board of Directors of the Florida Intergovernmental Finance
Commission.
PUBLIC HEARINGS:
Ordinance 19, 2001 - Mayor Russo declared the public hearing open, held on the intent of
Ordinance 19, 2001, for consideration of first reading, continued from June 21, 2001 regular City
Council meeting. 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. Growth Management Director Charles Wu presented the
amendment. Hearing no comments from the public, Mayor Russo declared the public hearing
closed. Councilman Sabatello made a motion to place Ordinance 19, 2001 on first reading by title
only. Motion was seconded by Vice Mayor Jablin and carried by unanimous 4 -0 vote. The City
Clerk read Ordinance 19, 2001 on first reading by title only.
Ordinance 20, 2001 - Mayor Russo declared the public hearing open, held on the intent of
Ordinance 20, 2001, for consideration of first reading, continued from June 21, 2001. 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. Growth Management Director Charles Wu presented
the amendment. Hearing no comments from the public, Mayor Russo declared the public hearing
closed. Vice Mayor Jablin made a motion to place Ordinance 20, 2001 on first reading by title
only. Motion was seconded by Vice Mayor Jablin and carried by unanimous 4 -0 vote. The City
Clerk read Ordinance 20, 2001 on first reading by title only.
Ordinance 21, 2001 - Mayor Russo declared the public hearing open, held on the intent of
Ordinance 21, 2001, for consideration of first reading, continued from June 21, 2001 regular City
Council meeting. An ordinance of the City Council of the City of Palm Beach Gardens, Florida,
providing for an amendment to the Comprehensive Plan of the City of Palm Beach Gardens by
changing the land use designation on approximately 27.5 acres of land, located along Beeline
Highway approximately 1,800 feet northeast of the intersection of PGA Boulevard and Beeline
Highway, from rural residential -10 to golf and amending the golf 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. Growth Management Director Charles
Wu announced this application had been withdrawn and no public comment was necessary. Mayor
Russo declared the public hearing closed.
Ordinance 22, 2001 — Mayor Russo declared the public hearing open, held on the intent of
Ordinance 22, 2001, for consideration of first reading, continued from June 21, 2001 regular City
Council meeting.. An ordinance of the City Council of the City of Palm Beach Gardens, Florida,
providing for an amendment to 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. Growth Management Director Charles Wu presented
the amendment. Mr. Wu reported receipt of communication from the Mayor of Jupiter Karen
Golonka requesting continuance. Mr. Wu advised that staff recommended moving forward in order
to allow the application to begin the process and that the application would be available for
interested parties to comment and for problems to be worked out before second reading, which
would allow sufficient time for processing deadlines. Vice Mayor Jablin made a motion to place
Ordinance 22, 2001 on first reading by title only. Motion was seconded by Councilmember
Furtado to move this forward but indicated she was concerned with removing linkages. Mayor
Russo indicated he was opposed to changing from mixed use to commercial, and he did not want to
see Donald Ross Road become big box commercial. Discussion ensued. Hank Skokowski
commented that this change in land use did not entitle the applicant to CG or straight zoning, which
the petitioner understood; that this portion of the overall property did not front on Donald Ross
Road; and there was already frontage that was designated commercial, and he believed what would
be proposed for this property would be compatible with the concerns of the City and Jupiter.
Hearing no comments from the public, Mayor Russo declared the public hearing closed.
Councilmember Sabatello indicated he would vote against the motion since he would rather stay
with mixed use and work with waivers on the site plan. The vote on the motion was 2 -2; therefore
the motion failed
Ordinance 23, 2001 - Mayor Russo declared the public hearing open, held on the intent of
Ordinance 23, 2001, for consideration of first reading, continued from June 21, 2001. An
ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an
amendment to 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 3 1. 01 located at the northwest corner of PGA Boulevard
and Central Boulevard; providing for transmittal to the Department of Community Affairs;
providing for severability; providing for conflicts; and providing for an effective date. Growth
Management Director Charles Wu presented the amendment. Mr. Wu responded to
Councilmember Furtado staff believed the roadways would not substantially relieve PGA
Boulevard traffic. Councilmember Furtado indicated that continually removing things from the
comprehensive plan sent the wrong message. Mr. Wu confirmed there would be private
entrances /exits on PGA Boulevard and Central Boulevard. Mr. Wu presented a request from
Commissioner Karen Marcus for continuance because of traffic forum issues and to allow
additional time for review. Hank Skokowski commented circumstances had changed regarding
how this process worked; that in 1995 when these local linkage roads were added there was
potential for 5,000 dwelling units and 700,000 square feet of commercial development. Mr.
Skokowski commented there had been a substantial change, since WCI proposed only 450 dwelling
units and no commercial development, and the County engineering review had concurred this
change was acceptable, and that these roads were considered local streets and had not been factored
into any regional analyses. Mr. Skokowski advised that the master plan for 450 dwellings was on
file with the City waiting to be heard and could not be heard until the City Council had considered
deletion of these roadways. Hearing no comments from the public, Mayor Russo declared the
public hearing closed. Vice Mayor Jablin made a motion to place Ordinance 23, 2001 on first
reading by title only. Motion was seconded by Councilman Sabatello and carried by unanimous 4-
0 vote. The City Clerk read Ordinance 23, 2001 on first reading by title only.
Ordinance 24, 2001 - Vice Mayor Jablin declared the public hearing open, held on the intent of
Ordinance 24, 2001, for consideration of first reading, continued from June 21, 2001 regular City
Council meeting. An ordinance of the City Council of the City of Palm Beach Gardens, Florida,
providing for an amendment to the Comprehensive Plan of the City of Palm Beach Gardens by
deleting a portion of Roadway #15 from the conceptual thoroughfare plan between Alt. A -1 -A and
Military Trail; providing for transmittal to the Department of Community Affairs; providing for
severability; providing for conflicts; and providing for an effective date. Growth Management
Director Charles Wu presented the amendment. Mr. Wu indicated that communication had been
received from Mayor Golonka of Jupiter and from Commissioner Karen Marcus requesting
continuance. Mayor Russo requested and received confirmation from Mr. Wu that the commitment
was being eliminated to have this road as a public road between Military Trail and the railroad
track. City Attorney Rubin advised this was the same situation as the public road through The
Isles; that if this road remained it had to be public. Mayor Russo was advised it would be very
difficult to make this an open community later. Vice Mayor Jablin indicated this seemed to be a
road to nowhere and he did not wish to bisect communities just for the sake of putting a public road
through them. The roadway configuration within the community and linkage to other roadways
was discussed. Mayor Russo indicated he was not comfortable with getting all parties together and
agreeing on connectivity and then removing it. Discussion ensued whether the community would
be open or closed. Attorney John Gary representing the applicant, commented that tonight the only
consideration was to delete a road from the thoroughfare plan that went from Military Trail to the
railroad tracks, which went nowhere, and later when the PUD was considered another configuration
would be presented. Attorney Gary spoke further on connectivity and that it did not always work.
Attorney Gary responded to Mayor Russo that the applicant would request gates during the PUD
process, which the Mayor indicated was entirely different than originally proposed and he did not
want gates. The City Attorney indicated if any waivers were requested the City would have the
ability to require an open community in exchange for granting waivers. Hank Skokowski,
representative for the petitioner, noted he could review what was presented at the October meeting.
Consensus was to move forward and to consider the positions of Jupiter and Commissioner Marcus
before second reading. Councilmember Sabatello commented he was not against controlled access
and would vote in favor of removing the roadway. Hearing no comments from the public, Mayor
Russo declared the public hearing closed. Vice Mayor Jablin made a motion to place Ordinance
24, 2001 on first reading by title only. Motion was seconded by Councilmember Furtado and
carried by unanimous 4 -0 vote. The City Clerk read Ordinance 24, 2001 on first reading by title
only.
RESOLUTIONS:
Resolution 67, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens,
Florida, approving a site plan and a temporary conditional use for the placement and use of a
modular classroom unit at the Church in the Gardens; providing for conditions of approval; and
providing for an effective date. Growth Management Director Charles Wu presented the project.
Comments made earlier in the meeting by a neighbor were incorporated. A proposed drainage
solution was presented, which was a condition of approval and Mr. Wu explained that the project
could not move forward until it was completed. The drainage problems and plan was discussed.
Ron Baily, Project Coordinator for the Church in the Gardens discussed the flooding. Donaldson
Hearing, agent for the applicant, reviewed the project on behalf of the applicant. Mr. Hearing
clarified that the applicant understood this was a 3 -year plan, and the drainage would be resolved.
The Vice Mayor indicated he had a concern that the church had not previously addressed the
drainage until they wanted an approval from the City. Mr. Hearing indicated he had been told the
applicant had been working with Public Words to resolve the problem; Mayor Russo commented
that it was not the job of Public Works to resolve drainage, and residents should contact the City
officials. Attorney Rubin advised the condition of approval would not allow the church to move
forward with the temporary facilities until the City Engineer had been satisfied regarding the
drainage. Vice Mayor Jablin made a motion to adopt Resolution 67, 2001. Motion was seconded
by Councilmember Furtado and carried by unanimous 4 -0 vote.
Resolution 104, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens,
Florida, providing for the approval of an application from Massachusetts Mutual Life Insurance
Company for an amendment to the "Crossroads at Northlake" shopping center, located at the
southeast corner of interstate 95 and Northlake Boulevard, to allow for a 19,208 square foot
increase of retail space to the existing shopping center, to allow for modifications to the parking lot,
to allow for an additional entrance from Northlake Boulevard, and to allow for facade renovations
on a 21.09 acre portion of the "Crossroads at Northlake" shopping center as more particularly
described in Exhibit "A" attached hereto; providing for conditions of approval; and providing for
severability. Principal Planner Karen Craver presented the project. Rocky Biby, Kimley -Horn,
explained a double lane eastbound exit off I -95 with a traffic signal stopping traffic had been
approved by the County and DOT, which should help Northlake Boulevard traffic. The developer
indicated two curb cuts had been eliminated. Robert Whitney, Asset Manager for the property,
introduced others present on behalf of the property, provided a history of the project, and described
the proposed major renovation. Councilmember Sabatello indicated he would like the
improvements to the elevations to carry to the west elevation visible from I -95, and suggested one
of the Sandtree ingress points be closed. Discussion ensued. The City Attorney advised that
requests could be made, but all code requirements had been met, therefore the application should be
approved. The Asset Manager indicated he would love to add more landscaping, etc., but finances
precluded doing everything he would like. Suggestions were made to enhance the west elevation
by adding molding, medallions, etc. Applicant requested the ability to work with staff to allow
effective use of their funds. Staff indicated facades should be aesthetically pleasing from all rights -
of -way and all facades could be required to be compatible. Vice Mayor Jablin made a motion to
adopt Resolution 104, 2001 with the following condition as read into the record by the City
Attorney: "The applicant shall work with City staff to provide additional features or banding on the
west elevation to make it more compatible with the other elevations." Motion was seconded by
Councilmember Furtado and carried by unanimous 4 -0 vote.
Resolution 107, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens,
Florida, amending the fee schedule for emergency medical services (EMS) transport as adopted by
Resolution 125, 1994; providing for conflicts; and providing for an effective date. Chris Brown,
EMS Commander, presented a new fee schedule for EMS services that had not been increased in
seven years, and that broken fees were now required by Medicare and Medicaid. Councilmember
Furtado made a motion to adopt Resolution 107, 2001. Motion was seconded by Vice Mayor
Jablin and carried by unanimous 4 -0 vote.
Resolution 108, 2001 — A Resolution of the City Council of the City of Palm Beach Gardens,
Florida, appointing three (3) members and reappointing one member to the Beautification and
Environmental Committee, and providing for an effective date. Mark Hendrickson, City Forester,
Committee Liaison, confirmed that Councilman Clark had agreed to these appointments, that he
had confirmed with all three applicants that they wished to serve, and that Richard Beladino wished
to serve even though he was on the Pension Board. Vice Mayor Jablin made a motion to approve
Resolution 108, 2001 inserting the names Richard Mulligan, William Olsen, and Richard Beladino
into the blanks. Councilmember Furtado seconded the motion, which carried by unanimous 4 -0
vote.
Resolution 111, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens,
Florida, adopting a proposed maximum millage rate for the City of Palm Beach Gardens for fiscal
year 2001/2002; setting the date, time and place of the first budget hearing; providing for
severability; providing for conflicts; and providing for an effective date. Staff clarified items added
back into the budget. Vice Mayor Jablin moved approval of Resolution 111, 2001 with a proposed
maximum millage rate of 5.9746. Motion was seconded by Councilmember Furtado and carried by
unanimous 4 -0 vote.
ITEMS FOR COUNCIL ACTION
July 19, 2001 Regular City Council Meeting - Mayor Russo announced that the July 19 meeting
was cancelled since a quorum will not be available.
ITEMS FOR DISCUSSION:
Legal Nonconformities - Growth Management Director Charles Wu discussed the upcoming
August 18 deadline for legal nonconforming uses. Staff advised that the traditional approach,
allowing all grandfathered nonconformities to continue until they were abandoned or destroyed or
until the property owner wished to modify the use or structure, was the safest and most
conservative approach, and was advisable since an inventory of non - conformities had not been
created in 1994. Mayor Russo indicated staff should proceed.
CITY ATTORNEY REPORT
City Attorney Rubin reported a decision had been received that day that the City did have the right
to regulate the Vavrus property and upholding the Code Enforcement fines.
ADJOURNMENT: There being no further business to discuss, upon motion by Vice Mayor
Jablin, seconded by Councilmember Furtado, carried 4 -0, the meeting was adjourned at 10:35 p.m.
APPROVAL:
R SEPH_R. RUSSO
VICt —MAC' IC JABLIN
CHAIRMAN PRO TEM CARL SABATELLO
COUNCILMAN DAVID CLARK
COUNCILWOMAN LAUREN FURTADO
ATTEST:
CAROL GOLD
CITY _CLERK:,
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