HomeMy WebLinkAboutMinutes Council 122001CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
DECEMBER 20, 2001
The December 20, 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: Vice Mayor Eric Jablin, Councilmember Lauren Furtado, Councilmember
David Clark, and Chair Pro Tern Carl Sabatello. Mayor Joseph R. Russo arrived at 7:35
p.m.
ITEMS AND REPORTS BY MAYOR AND COUNCIL:
Councilmember Furtado reported EMS had received great reviews from an unannounced
inspection. Councilmember Furtado commented the TIPS center was being moved to
Mirasol, but the reason it had been so successful was its current location because of
police presence in that area. Juvenile crime had been reduced 85 %. Councilmember
Furtado requested the status of the stormwater plan. The City Manager reported he had
interviewed the TIPS officers who had assured him the physical location was not critical
to the success of the TIPS program. The City Manager reported the stormwater plan
report is expected a week from Friday. Councilmember Furtado requested a letter be sent
to request fair share contributions from neighboring municipalities that benefited from
the TIPS program. Councilmember Clark concurred with studying the crime patterns in
the neighborhood where the TIPS program had been located. City Manager Ferris
indicated a letter would go out to Police Chiefs and to Managers of the other participants
of the TIPS program. Police Chief FitzGerald reported the TIPS program was very
successful and he would like to keep it in its present location if that location could be
donated, or in another nearby donated location. Vice Mayor Jablin clarified the program
would continue and that just the location would be changed in order to save money.
Councilmember Furtado reminded the City Council that Mr. Fine had offered the services
of his architect free of charge for a teen center, which could incorporate the TIPS
program. The City Manager commented the TIPS program had initially been dependent
upon a grant of $184,000 provided by the State, which was no longer available, and that
because of the success of the program the City Council had decided to fund the program.
Councilmember Furtado commented that the traffic study on MacArthur Boulevard and
Lighthouse Drive was very disturbing and requested after the first of the year that ways to
help be studied. Councilmember Clark commented the residents in that area had some
ideas they would like to share with the City. Vice Mayor Jablin noted the problem was
traffic volume rather than speeding. Councilmember Sabatello reported Seacoast
Utilities had just completed a transaction for new bonds that would mean major savings
for the utility company, and the excellent bond rating meant their management was
excellent. Councilmember Sabatello wished everyone a happy, healthy holiday.
Councilman Clark commented West Palm Beach had done a good job of traffic control
through traffic calming devices in the Chillingsworth/Congress area, which might work
in the MacArthur /Lighthouse Drive area. The Vice Mayor indicated the neighbors must
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/20/01 2
be taken into consideration; Councilmember Furtado commented the drainage must be
solved first. Councilmember Clark commented on the impact and effect of a 2000 law
limiting or not limiting what a municipality could do with local zoning as it affected a
church, and suggested asking the Court to issue a declaratory judgment as to the scope
and effect of the law as it affected the Christ Fellowship petition and others. Discussion
ensued. The City Attorney commented he would be happy to look into that matter. The
Vice Mayor thanked everyone for attending the Hanukkah party, and the City staff and
volunteers for helping, and wished everyone a happy, healthy new year and happy
Hanukkah. Councilmember Furtado reported everyone had a great time at the tree
lighting. Councilmember Clark reported everyone had also had a great time at the
holiday party.
CITY MANAGER REPORT:
Public Information Report - The City Manager noted the report had been included in the
packets.
COMMENTS FROM THE PUBLIC:
Siro DeGasperis, 7 Governors Court, PGA National, expressed appreciation from all the
PGA National residents and the new Northlake Boulevard Neighborhood Coalition
representing Northlake Boulevard communities for the management of the City.
Joan Elias, 1009 Diamond Head Way, conveyed holiday greetings from C.A.N and
personally thanked the Council for their work.
Mayor Russo arrived at this point in the meeting. Vice Mayor Jablin announced he
would continue chairing the meeting until Mayor Russo was ready to take over.
CONSENT AGENDA:
At the request of Growth Management Director Charles Wu, item (g) was pulled.
Councilmember Clark moved approval of the Consent Agenda with the exception of item
(g) Resolution 188, 2001 — Consideration of approving the La Posada Plat.
Councilmember Furtado seconded the motion. The motion carried by unanimous 4 -0
vote. The following items were approved on the Consent Agenda:
a. Consideration of approving Minutes from the November 15, 2001 Regular City
Council Meeting.
b. Resolution 180, 2001 — Legacy Place Development Order- Parcel "D."
Consideration of amending Condition #5 in Resolution 59, 2001, regarding
signage and lighting plans for residential Parcel "D" within the Legacy Place
Planned Community District at the northeast corner of Alternate AlA and RCA
Boulevard.
C. Resolution 184, 2001 — Gardens' Station Time Extension. Consideration of
approving an extension of the build -out date for concurrency certification for
property located approximately 215 feet from the intersection of RCA Boulevard
and Northcorp Parkway, on the east side of RCA Boulevard, known as the
"Gardens Station" Mixed Use Development; providing for a condition of
approval.
d. Resolution 185, 2001 — Frenchman's Reserve PCD -Golf Maintenance -Plat.
Consideration of approving the Frenchman's Reserve PCD -Golf Maintenance -
Plat.
e. Resolution 186, 2001 - Frenchman's Reserve PCD — Plat "A" - Plat.
Consideration of approving the Frenchman's Reserve PCD — Plat "A" - Plat.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/20/01 3
f. Resolution 187, 2001 — The Grande at Palm Beach Gardens — Plat. Consideration
of approving The Grande at Palm Beach Gardens — Plat.
h. Resolution 193, 2001 - School Crossing Guard Agreement. Consideration of
awarding a "piggyback" contract for School Crossing Guard services to Action
Labor and Staffing Connection.
i. Purchase of Gator Vehicle with Sprayer and Top Dresser. Consideration of
purchasing a Gator Vehicle with Sprayer and Top Dresser at a cost not to exceed
$23,659.20.
j. Resolution 192, 2001 - Grant of Quit Claim Easement to Frenchman's Reserve.
Consideration of authorizing the Mayor and City Clerk to execute a Quit -Claim
Easement to Binks Estates Limited Partnership over a portion of the Cabana
Colony Canal.
k. K -9 Transfer of Ownership - Consideration of transferring ownership of retired
police K -9 Aran to Officer Glenn Wright.
1. K -9 Transfer of Ownership - Consideration of transferring ownership of retired
police K -9 Kris to Officer Robert Wummer.
PUBLIC HEARINGS:
Ordinance 43, 2001 - Vice Mayor Jablin declared the public hearing open, held on the
intent of Ordinance 43, 2001 - An Ordinance of the City Council of the City of Palm
Beach Gardens, Florida, providing for the approval of an application from Watermark
Communities, Inc., requesting a re- zoning to Planned Community Development Overlay
Zoning with a comprehensive land use designation of Residential Medium (RM), to
allow for a 905 single - family and 132 multi - family dwelling unit residential community
on 362.72 acres for a gross density of 2.86 dwelling units per acre, to be known as the
"Evergrene" Community, located south of Donald Ross Road and north of Hood Road,
between Military Trail and Alternate AIA, as more particularly described herein;
providing for conditions of approval; providing for waivers; providing for severability;
providing for conflicts; and providing for an effective date — for consideration of second
reading. Growth Management Director Charles Wu presented the project and reviewed
three new conditions added since first reading, which had been included in the 60
conditions recommended for approval and provided in the packets of the
Councilmembers. Mr. Wu read into the record an additional condition concerning
Seacoast Utility: No more than 5,000 daily trips combined with land uses will be
permitted until the applicant and Seacoast Utility Authority work together to develop a
plan to provide reasonable access to the Seacoast Utility Authority facility. The plan
shall be submitted to and approved by the City Engineer. The cost of improvements shall
be borne by the applicant as approved by the City Engineer. Councilmember Furtado
advised that the City must lease the right -of -way along the FEC railroad in order for
landscaping to be provided by the applicant at that location, and reported the widening of
Alternate AIA would come from the median and not from the outside rights -of -way.
Councilmember Furtado recommended the money to be paid by the developer for
landscaping the median be held in escrow. Discussion ensued. Councilmember
Sabatello recommended looking at the whole picture so that landscape maintenance
would be consistent along the roadways of the City. A condition was recommended
requiring the homeowners association to assume responsibility for landscape
maintenance after the developer withdrew. Disclosure of the future double tracking of
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/20/01 4
the railroad was discussed. A WCI representative reported that language had been
included in the homeowners association proposed declaration that that the FEC railroad
may expand in the future. Mr. Wu summarized the Seacoast Utility issue again upon the
request of Mayor Russo, and explained that trips would be calculated using 10 trips for
each single family residence and 7 trips for each multifamily residence, which was the
commonly used calculation during construction. Henry Skokowski, agent, spoke on
behalf of the petitioner. During discussion regarding landscaping placement. Jane
Krebs, landscape architect, recommended 20' spacing for the live oaks; Councilmember
Sabatello expressed his opinion it would be 15 years before the trees filled out
sufficiently at 20' spacing. The applicant agreed to planting palms between the oaks on
the other side of the wall. Following further discussion, the applicant greed to place the
oaks at 15' spacing. Mayor Russo indicated he wished to discuss the landscaping issue
with the City Forester, and questioned how traffic criteria was determined. Hearing no
comments from the public, Vice Mayor Jablin declared the public hearing closed.
Councilman Clark moved Ordinance 43, 2001 be placed on second reading by title only
and approved with the condition read into the record by the Growth Management
Director regarding the Seacoast Utility issue, the footnote read into the record regarding
calculation of trips from single family and multi family housing, the additional condition
number 60 to read that the applicant will provide written disclosure to all future
homebuyers that the Florida East Coast Railway tracks may be double tracked in the
future and that the form of such disclosure shall be approved by the City Attorney prior to
the sale of the first residential unit, and the substitute landscape plan for buffers C and D
with the oaks planted 15 feet apart. Councilmember Furtado seconded the motion.
Mayor Russo indicated he would vote against the motion because he was not comfortable
with the landscaping until he had spoken to the City Forester. Councilmember Furtado
stated she had spoken with the City Forester who was comfortable with the original plan.
Motion passed 3 -2 with Mayor Russo and Councilmember Sabatello voting against. The
City Clerk read Ordinance 43, 2001 on second reading by title only.
Ordinance 45, 2001 — Mayor Russo announced that this public hearing had been
withdrawn.
RESOLUTIONS:
Resolution 181, 2001 — A resolution of the City Council of the City of Palm Beach
Gardens, Florida, approving a site plan application for "Parcel 4B" with a total of 77
single - family units and 63 multi - family units within the Evergrene PCD, located
between Hood Road & Donald Ross Road and as more particularly described herein;
providing for conditions of approval; providing for waivers. Growth Management
Director Charles Wu reviewed the project and answered questions from the Council
members regarding trash pickup, parking and safety. Fire Department personnel
explained that when alleyways were blocked by parked cars they would pull hoses from
the trucks to reach the fire site, and they would have a plan in place so they would know
the fire hydrant locations. Henry Skokowski, agent, spoke on behalf of the applicant.
Ticketing parked cars, open space calculations, density, wrap - around alleyways, areas for
children to play, and drainage were discussed. Concerns expressed by Mayor Russo were
open space and parking. Mr. Skokowski explained how open space was calculated.
Police Chief FitzGerald explained that in private communities the police did not enforce
parking but could provide enforcement in designated fire lanes. Mr. Wu indicated a
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/20/01 5
condition could be added to the Resolution requiring appropriate signage for fire lane
designation, which was agreed to by the applicant. Councilmember Clark questioned if
security would be provided and could ticket inappropriately parked cars as a deterrent,
which along with fire lane signage could be sufficient to address this problem. The
applicant responded that the overall development was gated and there would be security
provided, and that would be addressed at the next meeting. It was noted that no handicap
parking was required. Mr. Skokowski indicated the applicant would work to address
items of concern before the next meeting.
Resolution 182, 2001 - A resolution of the City Council of the City of Palm Beach
Gardens, Florida, approving a site plan application for "Parcels 1, 2 & 7" with a total of
320 single - family units within the Evergrene PCD, located between Hood Road &
Donald Ross Road and as more particularly described herein; providing for conditions of
approval; providing for waivers. Growth Management Director Charles Wu presented
the project and reviewed waivers to setbacks. Staff reported the lot setbacks at the San
Michele project for comparison purposes, per Councilmember Sabatello's request.
Mayor Russo discussed new urbanism in Abacoa and City Place as compared to this
project which contained only housing in a tight atmosphere with none of the other
amenities provided for the residents. Henry Skokowski, agent for the petitioner,
reviewed justification for waivers to the setbacks. Concerns expressed by the City
Council were lack of access to rear yards, too tight lot coverage, the housing type, lack of
open space, and sufficient landscaping as viewed from the roadway. Mr. Skokowski
indicated these items would be addressed.
ORDINANCES:
Ordinance 38, 2001 — An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida, amending Chapter 86, "Buildings and Building Regulations," Article
V, "Swimming Pools," of the City Code of Ordinances to clarify and update the
regulations applicable to the construction of swimming pools; amending Sections 86 -117,
86 -150, 86 -177, 86 -179, 86 -181, 86 -182, 86 -184, 86 -193, 86 -227 and 86 -252; providing
for codification; providing for severability; and providing for an effective date — for
consideration of first reading. Building Official Jack Hanson provided background for
the ordinance. Councilmember Clark moved Ordinance 38, 2001 be placed on first
reading by title only. Vice Mayor Jablin seconded the motion, which carried by
unanimous 5 -0 vote. The City Clerk read Ordinance 38, 2001 by title only on first
reading.
Ordinance 46, 2001 — An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida, approving an application from WP South Development Company,
L.L.C. DBA Wood Partners, as agent for DiVosta and Company, for a rezoning of a
24.68 acre parcel of land from PDA Planned Development Area to RH Residential High
with a Planned Unit Development Overlay Zoning (PUD), to be known as "Alta Pines,"
by approving the construction of 264 multi - family units and accessory uses, located
approximately % mile north of the intersection of Military Trail and Hood Road, on the
west side of Military Trail, as more particularly described herein; providing for waivers;
providing for conditions of approval; providing for severability; and providing for an
effective date — for consideration of first reading. Growth Management Director Charles
Wu presented the project. The City Engineer addressed drainage concerns. Waivers
were reviewed. Donaldson Hearing, Cotleur Hearing, spoke on behalf of the applicant.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/20/01 6
Councilmember Sabatello reported he had met with the petitioner and discussed this
petition. Suggestions by the City Council were addition of a jogging trail, density
reduction, and more parking at the clubhouse area. There was no motion in order to
move this petition forward. Mayor Russo requested at the beginning of the next meeting
staff make a presentation to explain the new concepts being presented. Councilmember
Sabatello indicated that approvals must be consistent and projects must be high quality
and functional. Discussion ensued regarding other projects. Concern was expressed
regarding density and service vehicles backing up.
ITEMS FOR DISCUSSION:
Interlocal Agreement for Baseball Field at Palm Beach Gardens High School - Mayor
Russo expressed concern that a baseball field would be built on City land and the City
could use it when the school district was not using it, but the City had been told they
could not use gymnasiums at other schools for basketball. Staff indicated that more
cooperation would be confirmed and strengthened within the interlocal agreement. Staff
advised that closing Lilac Drive during school hours was critical to obtaining state
funding. Director of Real Estate for the School Board Barry Present indicated that
granting use of gymnasiums was not within his purview, but indicated that the ball field
would be a great asset.
ITEM BY THE MAYOR:
Mayor Russo reported he had attended the Chamber of Commerce meeting and met with
the Chamber President, and announced that the City and the Chamber would work
together for economic development.
ADJOURNMENT: There being no further business to discuss, upon motion by
Councilmember Clark, seconded by Vice yo a m, carried 5 -0, the meeting was
adjourned at 11:30 p.m.
APPROVAL:
RUSSO
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