HomeMy WebLinkAboutMinutes Council 011002CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
JANUARY 10, 2002
The January 10, 2002 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 Lauren Furtado, Councilmember David Clark, and Chair Pro
Tem Carl Sabatello.
ITEMS AND REPORTS BY MAYOR AND COUNCIL:
Councilmember Furtado reported the PGA Business Corridor Association was
seeking funds from the private sector for the TIPS program throughout the
county. Police Chief FitzGerald reported on his efforts to locate funding and
about a letter that will be sent to other Police Chiefs. Councilmember Furtado
indicated $17,000 was needed now and Doctor Winston had already contributed
$5,000. Council member Furtado recalled that the City was going to recognize
Gary Carter; however, Mayor Russo indicated he did not want to be recognized
until he made the Hall of Fame. Councilmember Furtado suggested using private
meeting rooms for summer school classes if the schools were closed. Vice Mayor
Jablin indicated he would consult Dr. Orr on that subject. Councilmember
Furtado requested the status of the canal report, to which City Manager Ferris
responded the report should be finished a week from tomorrow and meetings
would be held to review the report. Mayor Russo reported he and the City
Manager had met with Congressman Shaw, who planned to work on the City's
problems of State funding being cut, and efforts to get a quiet zone.
CITY MANAGER REPORT:
Discussion of Policy on Development Review: Mayor Russo thanked the
members of the Planning and Zoning Board who were in attendance. He
explained that individual PUD's within the Evergrene PCD had not been
approved at the last meeting because of concern regarding setbacks, large homes
on small lots, etc. Mayor Russo indicated he did not agree that this community
reflected the new urbanism concept. Growth Management Director Charles Wu
explained that zero lot line design standards were needed to avoid the need for so
many waivers in these types of communities. Mr. Wu reported that based on the
last meeting, staff was looking closely at justification for waivers, and urged the
City Council to support staff when they required developers to provide this
justification. Mayor Russo expressed that the standards set for Frenchman's
Reserve and for Mirasol were the minimum setbacks that should be allowed.
Councilmember Sabatello recommended charting projects approved in the past to
compare setbacks and densities. He said the burden should be on the petitioner to
show that their unique project meets all the criteria and basic approvals granted in
the past, that there must be good reasons for waivers. Councilmember Clark
CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/10/02 2
commented that homeowners must understand that the 10 -foot separation between
homes is available for accessing back yards of their neighbors and must be told
when the home is purchased. He recommended banning fences in these areas and
establishing standards for front porch homes. City Attorney Rubin clarified that
he reviewed the declarations for all new PCD's and that there was language in
them allowing easements to access to the rear yards. Councilmember Sabatello
recommended talking to the Abacoa planner and to the developer, DiVosta
Homes, regarding front porch homes. Mr. Wu asked that the Councilmembers
advise staff of any items developers might mention to them during informal
discussions so staff could address those items during the review process. Vice
Mayor Jablin also suggested that developers of new types of projects arrange to
meet with Councilmembers individually at the very beginning; Mayor Russo
favored an initial workshop. Mr. Steve Tarr, Planning and Zoning Commission,
requested joint workshops between staff, City Council, and the Commission so
that the Commission would know what the Council wanted. Dick Ansay,
Planning and Zoning Commission, also requested joint workshops, and explained
he had been impressed with the new concept in Evergrene. Mayor Russo
requested that criteria be developed quickly and a joint workshop scheduled so
that the developer could move forward. Councilmember Sabatello requested an
open dialog before the next Planning and Zoning Commission meeting to discuss
this issue. Attorney John Gary, representing the Evergrene developer, WCI,
reported that since the last City Council meeting there had been a lot of changes
made in the two site plans, and he believed that most of the problems had been
addressed, and requested that this project not be held up while standards were
being developed. Mr. Gary requested the opportunity to meet with the
Councilmembers to show them the revised plans. Mayor Russo indicated if the
setbacks had been changed and other concerns had been addressed, he would be
comfortable moving the Evergrene project forward.
Crime Report — Police Chief FitzGerald reported a dramatic increase in residential
burglaries. Officer Bobby Wummer reported on how the gypsy burglars operated
within the City and throughout the state and country, and his efforts to apprehend
them. Police Chief FitzGerald thanked Officer Wummer for his outstanding
efforts and for the work done by all the police officers.
COMMENTS FROM THE PUBLIC:
Paula Magnuson, 3167D Gardens East Drive in Sandalwood, asked if Christ
Fellowship was on the agenda. Mr. Wu indicated it would be continued to March
7. Mayor Russo reported he had met with Pastor Mullins, who requested a 30 -day
delay to discuss issues with residents. Ms. Magnuson reported speeding on
Gardens East Drive. Police Chief FitzGerald indicated that would be addressed.
Ms. Magnuson requested that parking in the Swale also be addressed.
Carol Estrada, 309 Riverside Drive, reported 22 residents had met with Attorney
Steve Mathison on December 18 pertaining to the Banyan Tree PUD project, and
they had been very concerned regarding traffic. Ms. Estrada reported that 4,758
vehicles came through MacArthur Boulevard at Riverside Drive within a 24 -hour
period and requested adoption of traffic calming resolutions for this and other
neighborhoods. Lowering tonnage on the bridge on MacArthur Boulevard was
CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/10/02
also suggested. Discussion ensued regarding the sidewalk plan and traffic
problems of vehicles cutting through this neighborhood. Police Chief FitzGerald
indicated traffic calming measures would be instituted.
CONSENT AGENDA: Item (b) Resolution 179, 2002, and Item (c) Resolution
3, 2002, were requested to be pulled from the Consent Agenda. Councilmember
Clark moved approval of the Consent Agenda with the exception of items (b) and
(c). Vice Mayor Jablin seconded the motion. The motion carried by unanimous
5 -0 vote. The following items were approved on the Consent Agenda:
a. Consideration of approving Minutes from the December 6, 2001
Regular City Council Meeting.
d. Arbor Day Proclamation.
e. Consideration of purchasing a Toro 6500D 95" Reel Mower and
Verticutter at a cost not to exceed $40,685.75.
f. Extension of existing Towing Contract. Consideration of extending
existing vehicle towing services contract for 60 days.
g. Resolution 5, 2002 — BellSouth Easement. Consideration of executing
an easement to BellSouth Telecommunications, Inc. for the installation
of buried cable.
Consideration of items pulled from the Consent Agenda:
b. Resolution 179, 2001 - Nextel 125' Communication Tower at Lilac
Street. Consideration of approving a site plan application from Nextel
Communications to allow for construction of a 125 foot high wireless
telecommunication tower, to be located on property leased from the
City of Palm Beach Gardens at 10245 Lilac Street, 525 feet north of
the intersection of Lilac Street and Plant Drive. City Attorney Rubin
reported the lease agreement approved by City Council requested an
amendment so that Nextel could provide $9,000 in cash for the City to
purchase their own phones instead of Nextel providing the phones,
since the City could get the phones at cheaper prices. Councilmember
Clark moved approval of Resolution 179, 2001. Councilmember
Furtado seconded the motion, which carried by unanimous 5 -0 vote.
c. Resolution 3, 2002 - McDonald's within Promenade Plaza.
Consideration of approving a site plan to provide for the renovation of
a commercial out - parcel located within the Promenade Plaza Shopping
Center, as more particularly described herein; providing for an
approximately 3,658 square -foot drive - through restaurant. Mayor
Russo requested review of waivers to be sure waivers were not being
granted that others could not receive. Mr. Wu presented the project.
Councilmember Clark pointed out a mistake in the legal description,
which staff clarified. Councilmember Clark moved approval of
Resolution 3, 2002 with amendment of the legal description changing
Dade County to Palm Beach County. Vice Mayor Jablin seconded the
motion, which carried by unanimous 5 -0 vote.
PUBLIC HEARINGS:
Ordinance 2, 2002 -. Mayor Russo declared the public hearing open, held on the
intent of Ordinance 2, 2002 - Consideration of an ordinance of the City Council of
CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/10/02 4
the City of Palm Beach Gardens, Florida, providing for the approval of an
amendment to Palm Beach Gardens Christ Fellowship Church South Campus
(located at 5312 Northlake Boulevard, approximately 3/4 miles west of Military
Trail as more particularly described herein) by amending a condition of approval
for a previously approved conditional use; amending Ordinance 34, 1999;
providing for a condition of approval; providing for severability; providing for
conflict; and providing for an effective date - for consideration of first reading.
Councilmember Clark made a motion to continue Ordinance 2, 2002 to March 7,
2002. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0
vote.
Resolution 4, 2002 - Mayor Russo declared the public hearing open, held on the
intent of Resolution 4, 2002 - Consideration of approving an application from
Palm Beach Gardens Christ Fellowship by amending a condition of approval for a
previously approved site plan for the Christ Fellowship Church South Campus
(located at 5312 Northlake Boulevard, approximately 3/4 miles west of Military
Trail as more particularly described herein) by amending a condition of approval
for a previously approved conditional use; amending Resolution 5, 2000.
Councilmember Furtado made a motion to continue Resolution 4, 2002 to March
7, 2002. Councilmember Clark seconded the motion, which carried by
unanimous 5 -0 vote.
Ordinance 44, 2001 - Mayor Russo declared the public hearing open, held on the
intent of Ordinance 44, 2002 - An ordinance of the City Council of the City of
Palm Beach Gardens, Florida, providing for the approval of an amendment to
Palm Beach Gardens Christ Fellowship Church North Campus by amending
conditions of approval for the site, located on the north side of Northlake
Boulevard, approximately 1 '/2 mile west of Military Trail as more particularly
described herein, amending Ordinance 20, 1997, and Ordinance 23, 1999;
providing for conditions of approval; providing for waivers; providing for
severability; providing for conflicts; and providing for an effective date - for
consideration of First Reading continued from December 6, 2001. Vice Mayor
Jablin made a motion to continue Ordinance 44, 2002 to March 7, 2002.
Councilmember Clark seconded the motion, which carried by unanimous 5 -0
vote.
ITEMS FOR DISCUSSION:
NOPC Concurrent Processing Discussion — Growth Management Director
Charles Wu pointed out the issue tonight was to see if City Council approved of
the NOPC moving forward ahead of the Menin site plan. Mayor Russo asked if
the NOPC change could be tied into criteria for the Menin project. The City
Council indicated they were in favor of this project. Attorney John Gary,
representing Developer Dan Catalfumo, said Menin was hesitant to spend money
without an NOPC already approved, and requested this item be on the February 7
agenda. Mr. Jacobi with Menin Development reported this was an $86 million
project. Mayor Russo favored moving both items forward together. The appeal
period for the NOPC was discussed. Mr. Gary advised that Treasure Coast had
indicated they had no traffic issues. Mr. Jacobi indicated concurrent processing
could delay the project because plans had to be changed, such as had already
CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/10/02 5
occurred from PGA Boulevard, and also that he had been advised by an attorney
that interested property owners within the DRI could bring an appeal. Principal
Planner Talal Benothman indicated only state agencies or the local government
could appeal, and that even the State could not appeal after City Council's
approval unless they had previously objected. The City Attorney advised that
would be researched. Discussion ensued. Mr. Wu indicated some broad items
could be tied to the approval, but not specific site plan issues. Dan Catalfumo
commented there was a PGA Boulevard Overlay with strict criteria and the mall
also had very strict criteria regarding roads, architectural features, and
landscaping. Mr. Wu clarified that the site plan process had been stalled waiting
for the applicant to respond to DRC comments. It was announced that a solution
to parking issues was ready to be presented. Relocation of the cultural use site
was discussed. Councilmember Furtado indicated she was comfortable if the
boardwalk around the lake remained, and was assured it had not been changed.
Mayor Russo clarified that on February 7 the applicant needed to know the NOPC
that the City Council would ultimately approve. Mr. Catalfumo indicated as soon
as the applicant knew the NOPC that would be approved they could finish the site
plan. The applicant indicated they would have the finalized site plan submitted
within a week or so following direction from the City Council regarding the
NOPC. Mr. Wu clarified that on February 7 the City Council expected to see the
NOPC with safeguard conditions to try to address their concerns. Councilmember
Sabatello requested the applicant work with the City Attorney and Mr.
Benothman regarding who could appeal the NOPC.
ADJOURNMENT: There being no further business to discuss, upon motion by
Councilmemb r Clark, s conded by Vice Mayor Jablin, carried 5 -0, the meeting
was adj ourn a :40 m.
APPROV
R.'RUSSO
IC JABLIN
PRO TEM KARL SABATELLO
ZOUNCILMAN DAVID CLARK
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