HomeMy WebLinkAboutMinutes Council 020702CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
FEBRUARY 7, 2002
The February 7, 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, Council member Lauren
Furtado, Council member David Clark, and Chair Pro Tem Carl Sabatello.
PRESENTATION:
Outstanding Student: Vice Mayor Jablin introduced Educational Advisory Board member
Leslie Millar, who provided an introduction for Summer Lubar, selected by the Board for
recognition as an outstanding student. Ms. Millar noted that Summer was a grade -A
student at the Weiss School, and described her singing and athletic accomplishments. Ms.
Lubar sang The Star Spangled Banner. Mayor Russo presented Ms. Lubar with an
outstanding student certificate of achievement.
Police Department — Certificate of Accomplishment: Mayor Russo congratulated the
team of police officers who had captured the gypsy burglars, who had burglarized homes
throughout the country, and Police Chief FitzGerald added his congratulations.
Municipal Complex Art Task Force - Vice Mayor Jablin announced that two major
pieces of art are proposed for the Municipal Complex property. David Porter, Chair of
the Art Task Force, described the art and the proposed locations in a slide presentation. It
was announced that one contract was on tonight's consent agenda and the other would be
on a future agenda when all signatures had been obtained. Discussion ensued regarding
whether the sculpture planned for the Military Trail location went with the building. The
City Council was requested to look at pictures of the sculpture over the next two weeks in
order to make a decision.
ITEMS & REPORTS BY MAYOR AND COUNCIL:
PGA Gate Issue - Mayor Russo announced that this item would not be heard tonight
because of an objection by County staff, but that Commissioner Marcus supported it. It
was announced that this item would be presented on February 21.
Resolution 81, 2001 — Mayor Russo announced that the public hearing would be opened
and then this item would be continued to a date certain.
Consent A eg nda - City Manager Ron Ferris requested items i, j, and k be pulled from the
Consent Agenda for discussion.
Wireless Communications Facilities Workshop — City Manager Ferris recommended this
item be rescheduled. Council member Furtado moved approval of the staff
recommendation. Vice Mayor Jablin seconded the motion, which carried by unanimous
5 -0 vote.
Mayor Russo reported it had been a year since City Manager Ferris had decided to stay as
City Manager, and he believed Mr. Ferris had done an exceptional job. Mayor Russo
indicated that he would like to discuss items Mr. Ferris planned to implement. Mayor
Russo commented he had been very frustrated with the economic development in the city
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/7/02 2
as it related to the surrounding cities who had not participated in the Chamber of
Commerce program; however, Mr. Ferris had indicated his management team would
work with the City Council to get the advisory group back, and would put together a
marketing package to bring businesses to the City. Council member Furtado reported
the PGA Corridor Association would like to work on this as well. Mayor Russo
announced a meeting would be held February 21. Mr. Ferris noted staff would be
establishing a plan and networking, and if costs became significant, the City Council
would be advised. Council member Furtado advised that the college wanted to work
with the City also.
Mr. Ferris reported that a rapid response team of employees had been selected to attend
meetings of homeowners associations and other organizations, to act immediately on
community issues brought to the City by citizens and to see that the issues were brought
to the City Council if needed. Mayor Russo welcomed Stacy Rundle, the new Grant
Coordinator. Mayor Russo reported he had met with Senator Pruitt and Representative
Atwater and had requested help with FDOT in facilitating the turnpike interchange
project. Mayor Russo reported he had attended a literacy meeting and a reading program
is to be implemented throughout the County. Mayor Russo indicated the Code had been
changed regarding directional signs, and requested that be researched since the change
had created problems for Arti Gras and directional signs would be needed at next year's
golf tournament. Council member Sabatello commented that property owners were
responsible for maintenance of right -of -way and median landscaping, but conditions of
approval were not clear regarding what triggered that responsibility. Mayor Russo noted
that the approval for Legacy Place did not specify responsibility for maintaining the
landscaping. Staff was directed to research these issues. Mayor Russo suggested a
meeting with the development community to see if they would prefer the City to do the
maintenance and be reimbursed by the property owner. Council member Sabatello
recommended that conditions be written more specifically to address triggering of
responsibility and suggested the responsibility be assumed six months following date of
approval.
CITY MANAGER REPORT:
Quarterly Financial Report: Finance Director Owens presented the quarterly financial
report for the period ending December 31, 2001. The General Fund and the Enterprise
Fund for the golf course were reviewed and discussed. Sales tax revenue had decreased,
and golf course revenues and expenditures were also down from the prior year. Concern
was expressed regarding the reduction of rounds, however, Mr. Owens indicated play had
picked up recently. Insurance premium reductions were reviewed under the risk
management portion of the report. Mr. Owens explained that a budget amendment
reallocation would need to be done to accommodate the updated salary study. Control
procedures were discussed, and Mayor Russo requested the auditors address the control
procedures in their management letter.
COMMENTS FROM THE PUBLIC:
Sam Carsillo, 10063 Dahlia Avenue, compared the Ryder Cup proposal to closing
Steeplechase to traffic years ago, and recommended the people of PGA National take the
same steps to close Ryder Cup for the good of the residents.
CONSENT AGENDA:
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/7/02 3
Council member Clark moved approval of the consent agenda with the exception of items
i, j, and k. Vice Mayor Jablin seconded the motion, which carried by vote of 5 -0.
a. Consideration of approving Minutes from the January 10, 2002 Regular City
Council Meeting.
b. Resolution 149, 2001 — Regional Center Parcels 27.12, 27.14 and Lake
Victoria Gardens Avenue Plat. Consideration of approving Regional Center
Parcels 27.12, 27.14 and Lake Victoria Gardens Avenue Plat.
c. Resolution 152, 2001 — PGA Commons Plat 2 Plat. Consideration of
approving PGA Commons Plat 2 Plat.
d. Resolution 10, 2002 — Special Master. Consideration of appointing Kevin M.
Wagner to serve as Code Enforcement Special Master and executing the
agreement.
e. Resolution 13, 2002 - EMPA Grant for Fire Training. Consideration of
authorizing execution of an application for State of Florida Division of
Emergency Management Community Affairs funds for a fire training facility,
and to enter into an agreement for the monies.
f. Resolution 14, 2002 — Irrigation End User Agreement for Fire Station #4.
Consideration of approving an Irrigation End User Agreement for Fire Station
#4 ( Mirasol) between the Mirasol Master Maintenance Association, Inc. and
the City of Palm Beach Gardens.
g. Resolution 16, 2002 — Rescue Chassis. Consideration of authorizing the
exchange of surplus property.
h. Resolution 17, 2002 — American Red Cross. Consideration of approving an
agreement with the American Red Cross for the use of City facilities as a
command post.
1. Resolution 21, 2002 - Evergrene PCD Plat. Consideration of approving the
Evergrene PCD Plat.
m. Resolution 23, 2002 - GSG Contract — PGA Flyover Assessment Program.
Consideration of approving an agreement with Government Services Group
(GSG), Inc. to provide preliminary program testing procedures.
City Attorney Rubin explained that items (i) and 0) which were pulled from the consent
agenda apparently contained Scribner's errors in the contracts distributed in the packets;
however, corrections had been made and new versions distributed to the Council. The
Human Resources Director explained there had been several typographical errors, which
had been corrected.
i. Resolution 18, 2002 -PBA Contract — Police Officers, Sergeants and
Communications Operators. Consideration of approving and ratifying an
agreement with the Police Benevolent Association for Police Officers,
Sergeants and Communications Operators employed by the City's Police
Department for Fiscal Years 2001 -02, 2002 -03 and 2003 -04. Council member
Clark moved to approve Resolution 18, 2002. Vice Mayor Jablin seconded
the motion, which carried by unanimous 5 -0 vote.
j. Resolution 19, 2002 - PBA Contract — Lieutenants. Consideration of
approving and ratifying an agreement with the Police Benevolent Association
for Lieutenants employed by the City's Police Department for Fiscal Years
2001 -02, 2002 -03 and 2003 -04. Council member Clark moved to approve
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/7/02 4
Resolution 19, 2002. Vice Mayor Jablin seconded the motion, which carried
by unanimous 5 -0 vote.
k. Resolution 20, 2002 - Award of Contract — Artists. Consideration of
approving two agreements for the creation, delivery and installation of
sculptures for the City's Municipal Complex. The City Attorney explained
that Resolution 20, 2002 was only for the sculpture to be placed in the lobby.
Council member Clark moved to approve Resolution 20, 2002. Vice Mayor
Jablin seconded the motion. During discussion of the motion it was pointed
out that two members of the Council would like more information; therefore,
Council member Clark withdrew his motion. Vice Mayor Jablin indicated he
would explain the size and mass of the sculpture in the lobby following the
meeting.
PUBLIC HEARINGS:
Resolution 81, 2001 - Mayor Russo declared the public hearing open, held on the intent
of Resolution 81, 2001 - Consideration of amending Resolution 96, 1999, the
Consolidated and Amended Development Order for the Regional Center Development of
Regional Impact (DRI) and Planned Community District (PCD); 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, redistribute the acreage of Parcel 7 between Parcel 2
and the Community Serving Open Space Area around Lake Victoria, increase the square
footage of Commercial Uses by 200,000 square feet, and amend condition #1 to establish
and adopt a Land -Use Conversion Matrix and General Land -Use and Design Guidelines
for the area west of the Water Management Tract and south of Gardens Boulevard;
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. Hearing no comments from the public, Council member Furtado made a
motion to continue Resolution 81, 2001 to the meeting of February 21, 2002. Council
member Clark seconded the motion. Mayor Russo commented this situation had arisen
because all information had not been received. Growth Management Director Charles
Wu indicated he could not predict when all information would be received. Discussion
ensued. Council member Sabatello requested staff recommend timing for continuation.
Mr. Wu recommended any meeting after the March 7 meeting. The original motion and
second were withdrawn. Attorney John Gary commented the applicant had met with staff
that morning and had been prepared to make a presentation tonight reviewing all ADA
and Map H information. Attorney Gary indicated that staff had been given all
information the applicant planned to rely on concerning the 20 -acre park. Mayor Russo
indicated that other information, such as traffic information, had not yet been received.
Attorney Gary requested the continuation be set for the earliest possible date. The City
Council decided to continue the public hearing to March 7 and to discuss the language at
the next meeting on February 21. Council member Clark made a motion to continue the
public hearing for Resolution 81, 2001 to March 7. Vice Mayor Jablin seconded the
motion, which carried by unanimous 5 -0 vote. Mayor Russo announced he would not be
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/7/02 5
voting on this Resolution; however, the City Attorney had advised him that he could vote
to continue the public hearing.
Ordinance 8, 2002 - An ordinance of the City Council of the City of Palm Beach
Gardens, Florida, rezoning approximately 730.3 acres of land known as "Hungryland
Slough" and located on the west side of Bee Line Highway, approximately 3.5 miles
north of the intersection of PGA Boulevard, as described herein, from Planned
Development Area (PDA) to Conservation (CONS); amending the official City zoning
map; providing for conflicts; providing for severability; and providing for an effective
date, for consideration of first reading. Mr. Wu presented the request. Mayor Russo
declared the public hearing open, held on the intent of Ordinance 8, 2002. Hearing no
comments from the public, Mayor Russo declared the public hearing closed. Council
member Clark moved that Ordinance 8, 2002 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 8, 2002 on first reading by title only.
RESOLUTIONS:
Resolution 182, 2001 — 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. Senior Planner John Lindgren presented the project and answered
questions from the City Council. It was recommended that whenever waivers were
granted that the reasons for those approvals be announced for the benefit of the public.
Henry Skokowski, agent for the applicant, clarified for Council member Sabatello that
the rear decks would be brought to a 3' setback, the same as on the screen enclosures,
with the fence on the property line. Mr. Skokowski also clarified the other setbacks, and
that there would not be homes with the same architectural style or floor plan next to one
another. Mr. Skokowski reviewed the lot coverages. Council member Clark moved
approval of Resolution 182, 2001 with the changes read into the record and agreed to
regarding the deck setbacks as noted by the applicant to Council member Sabatello. Vice
Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 15, 2002 — Approving a Site Plan application for two restaurants within the
Gardens Mall totaling approximately 10,903 square feet, located within the Regional
Center DRI along PGA Boulevard. Principal Planner Talal Benothman presented the
project, answered questions from the City Council, and clarified that staff had revised
page 2 of the resolution and had so notified the City Clerk. A representative of Gardens
Mall indicated their challenge was to continually upgrade the mall, and explained that
these restaurants were really needed. The Council thanked the applicant for their
participation in the TIPS program. Council member Clark made a motion to approve
Resolution 15, 2002 with the change as read into the record regarding the changes on
page 2 that had been delivered to the City Clerk. Vice Mayor Jablin seconded the
motion, which carried by unanimous 5 -0 vote.
ORDINANCES:
Ordinance 1, 2002 - An ordinance of the City Council of the City of Palm Beach
Gardens, Florida, providing for the enactment of a Flood Damage Prevention Plan to
conform to the National Flood insurance Act of 1986, as amended, and the adoption of
Floodplain Management Regulations that meet the standards of the National Flood
Insurance Program; providing for repeal of Ordinance 4, 1987 and existing regulations;
providing for the revision of Section 78 -523, "Design Storm "; providing for a new
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/7/02 6
Subdivision VI of Division 9 of Article V of Chapter 78 of the City Code of Ordinances
entitled "Floodplain Regulations," providing for codification; providing for severability;
providing for conflicts; and providing for an effective date, for consideration of first
reading. Planner Kara Irwin presented the request, and explained how this program could
reduce flood insurance premiums for residents. Council member Clark moved that
Ordinance 1, 2002 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 1,
2002 on first reading by title only.
ADJOURNMENT: There being no further business to dis ss, upon motion by Council
member Clark, seconded by Vice Mayor % 7�rlthe meeting was adjourned at
10:10 P.M.
APPROVAL:
M
TEM CARL SABATELLO
COUNCILMAN DAVID CLARK
COUNCILWOMAN LAUREN FURTADO
ATTEST
CAROL GOLD_ ( -'
CITY CLERK
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