HomeMy WebLinkAboutMinutes Council 030702CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
MARCH 7, 2002
The March 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
found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin,
Councilmember Lauren Furtado, Councilmember David Clark, and Chair Pro Tern Carl
Sabatello.
PRESENTATION:
Hall of Fame: Mayor Jablin introduced Gary Carter, and reported highlights of his
athletic accomplishments and charitable contributions. Mayor Russo presented Mr.
Carter with an award in recognition of his induction into the New York Mets Hall of
Fame, August 12, 2001. Mayor Russo also introduced Mrs. Carter in recognition of her
support. Mr. Carter expressed his gratitude and thanked the City. Councilmember
Furtado announced that Mr. Carter's foundation accepted used computers and refurbished
them to give to children who could not afford computers.
ITEMS & REPORTS BY MAYOR AND COUNCIL:
Mayor Russo announced that Christ Fellowship Church had requested postponement of
their petitions. Councilmember Furtado reported that Michelle Rose, a police officer
with the City for many years, had been injured in an automobile accident on her way
home from work, and an account had been set up for donations. Councilmember Furtado
requested Gardens United coordinate a fundraiser function for the officer. Police Chief
FitzGerald reported on Ms. Rose's condition and indicated Sgt. Sam Naska was the
person to contact in the Police Department. Councilmember Furtado thanked the City
Manager for the sidewalk plan. Councilmember Sabatello commented that the City
Council was working on most of the campaign issues, but expressed concern with traffic.
Councilmember Sabatello requested that some procedure be established for the City
Council to look at traffic before approval was given for pods in the DRI in order to avoid
future problems. Mayor Russo reported many items affected traffic counts and staff was
working with county staff to come up with criteria. Councilmember Furtado reported the
plan for PGA Boulevard to be four lanes west of the turnpike had not been followed
through at the county level and it was still being shown as six lanes. The City Manager
advised that a comprehensive plan change would probably be required and that staff was
already working on this issue with county staff. Discussion ensued regarding traffic
issues. Direction was given to the City Manager for staff to work on a policy for traffic
and report back to the City Council. The City Manager indicated a status report on the
process, its status and meaning, would be reported at the next meeting. Councilmember
Clark reported receipt of additional comments from residents regarding traffic on
MacArthur Boulevard, which indicated traffic enforcement was more important to them
than more stop signs and traffic circles, and he provided those comments to staff. Vice
Mayor Jablin reported that he, Councilmember Clark, and Mayor Russo had read books
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/7/02 2
to students at Timber Trace in celebration of Dr. Seuss' birthday. Mayor Russo reported
he had attended the Mayor's meeting at the Chamber of Commerce where the Sports
Commission had presented the USA Baseball potential move to Roger Dean Stadium.
Mayor Russo announced he would attend a meeting on March 18 with USA Baseball,
which was looking for Founders Club members, and suggested the City become involved
for a $2,500 commitment. Mayor Russo reported he would serve on the Advisory
Committee to help locate them here. The Mayor reported 30 -40 business leaders had
attended an Economic Forum meeting and a steering committee to find a location for a
park of commerce in North County. Mayor Russo commented that affordable housing
would be a part of that project, and that staff would work with the committee. Mayor
Russo reported that the Turnpike Authority had presented the proposed enhancement of
the turnpike interchange at PGA Boulevard, and by 2004 would add lanes to the toll plaza
for Sunpass lanes, and a ramp off the turnpike heading east on PGA Boulevard, allowing
traffic to flow without a raised elevation that would impact BallenIsles. The Turnpike
Authority was to present their proposals to the MPO. Councilmember Furtado
requested that the City consider giving incentives to the park of commerce. Mayor Russo
reported he would attend a meeting next week with Commissioner Marcus regarding the
possibility of obtaining county funds for traffic calming. Mayor Russo announced he
would attend the Honda Classic Golf Tournament and would bring the flag home to the
City, and that this tournament would be coming to Mirasol.
CITY MANAGER REPORT:
Scheduling of Canvassing Board Meeting — The City Council as members of the
Canvassing Board agreed to attend a lunch meeting on Thursday, March 14, as suggested
by Carol Gold, City Clerk.
COMMENTS FROM THE PUBLIC:
Carol Estrada, 309 Riverside Drive, reported residents in the oldest part of the City felt
they had been discriminated against because money allotted for Plat One had been used
for Holly Drive drainage and had never come back, that the stormwater assessment
proposal had been disguised and would have just been another tax; that Mayor Russo had
promised at the 1998 neighborhood meeting to address traffic in that area; and that in
May 1999 paver bricks had been promised for the Banyan tree area. Mayor Russo
responded he had tried very hard to keep the City united and did not like to hear an area
had been discriminated against. Ms. Estrada reported no study had been done for the stop
sign at Dahlia, or at Gardens East Boulevard and Sandalwood, and the City was in
violation because they did not do the studies. Staff was requested to look at this issue.
Ms. Estrada requested information regarding how the City Engineer had arrived at a
traffic count of 14,000 cars on MacArthur Boulevard. Ms. Estrada expressed
appreciation regarding what the City had done, but requested specific information to take
back to the residents. Mayor Russo indicated the City was trying, and that the Council
had committed to work through this issue. During ensuing discussion, it was reported
that the bridge on MacArthur Boulevard was sound and capable of taking the existing
traffic load. Cheryl Stewart, Assistant to the City Manager, distributed to the City
Council and Ms. Estrada a time line and milestone tracking report formulated by the
Rapid Response Team, and reported that seven locations had been established for no thru
truck signs, and materials had been received for flashing school zone signs, which would
be installed by March 22. Ms. Stewart reported traffic enforcement had been increased in
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/7/02 3
the area; that an alternative route for empty school busses leaving the school to exit by
the quickest route would be requested of the School Board; and that staff was working on
a comprehensive City -wide traffic calming policy. Councilmember Sabatello requested
these items be reviewed with Commissioner Marcus. Mayor Russo reported traffic
calming devices had been found more effective in slowing traffic than stop signs. Police
Chief FitzGerald reported the number one request from residents was for traffic
enforcement.
CONSENT AGENDA:
Councilmember Clark moved approval of the consent agenda. Councilmember Furtado
seconded the motion, which carried by vote of 5 -0. The following items were approved
on the consent agenda:
a. Consideration of approving Minutes from the February 7, 2002 Regular City
Council Meeting.
b. Resolution 36, 2002 — Beach Renourishment. Consideration of supporting the
continuation of beach renourishment funding and the facilitation of a streamlined
permitting process.
C. Resolution 37, 2002 — Citizens' Property Insurance. Consideration of supporting
the merger of the Florida Windstorm Underwriting Association into the Florida
Residential Property and Casualty Joint Underwriting Association and the
creation of the Citizens Property Insurance Corporation.
d. Resolution 38, 2002 — Regional Planning Councils. Consideration of supporting
restored funding for Regional Planning Councils.
e. Resolution 39, 2002 — Sunny Plaza Plat. Consideration of approving the Sunny
Plaza Plat.
f. Proclamation — "Read Together Palm Beach County Month."
PUBLIC HEARINGS:
Ordinance 2, 2002 — Mayor Russo declared the public hearing open, held on the intent of
Ordinance 2, 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 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. Councilmember Clark made a
motion to continue the public hearing to April 4, 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, 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 Clark made a motion to continue the public hearing
to April 4, 2002. Vice Mayor Jablin seconded the motion, which carried by unanimous
5 -0 vote.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/7/02 4
Ordinance 44, 2001 - Mayor Russo declared the public hearing open, held on the intent of
Ordinance 44, 2001 - 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.
Councilmember Clark made a motion to continue the public hearing to April 4, 2002.
Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote.
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.
Mayor Russo announced he would not vote on this issue because he was a limited partner
in a building which had filed an objection to this Resolution, and he passed the gavel to
Vice Mayor Jablin. Senior Planner Talal Benothman presented the staff report and
advised that a revised resolution had been distributed. Mr. Benothman confirmed for
Councilmember Sabatello that this change would create no additional traffic to any of the
major roadways around the regional mall. Mr. Sabatello requested that changes in uses
be confirmed. Staff answered other questions from Councilmembers. Kenneth Blair,
Catalfumo Construction and Development, agent for Mall Properties, Ltd., answered
questions on behalf of the applicant. Attorney Jacobi, General Counsel for Catalfumo
and Mall Properties, explained that Catalfumo Construction and Development was a
related company, and that the application had been filed on behalf of Mall Properties,
Ltd., which was the owner and the petitioner. City Attorney Rubin advised that the
property owner, Mall Properties, Ltd., was the applicant. Mr. Blair indicated agreement
with staff regarding the enhancements. Attorney John Gary, Counsel for the applicant,
reported that an alternate proposal to provide 1 -1/2 acres in lieu of the cultural use was
not enough land area to make it feasible, and after research into the land values of other
cultural facilities the applicant had concluded they would offer $5.15 per square foot for
six acres, and offered 60% to the City or $808,000, in exchange for doing away with the
6 -acre cultural designation and to make it commercial, and in lieu of the 1 -1/2 acres.
Councilmember Sabatello indicated support of this proposal and clarified that the money
would be earmarked for cultural use by the City. Vice Mayor Jablin also expressed his
support. Vice Mayor Jablin declared the public hearing open, held on the intent of
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/7/02 5
Resolution 81, 2001. Resident Linda Monroe, 4431 Althea Way, distributed a handout
reflecting her discussion with the applicant regarding the references to a major 20 -acre
park and a linear park along the canal in the original documents for the DRI. Ms.
Monroe indicated her belief was that residents of the City were losing out on something
that was granted to them at the time of this approval and to take it away now was giving
away land that was meant for use by the residents. Councilmember Clark expressed his
opinion that the original language had been very general, that Ms. Monroe had raised
very good points as had the applicant; but that he believed the proposed solution was a
fair resolution of a difficult problem. Councilmember Sabatello expressed his opinion
that the intent must be satisfied. Mr. Benothman indicated staff could not find clear
delineation of the 20 -acre park and their solution was to provide signage for the public
indicating the areas for public use, which would contain enhancements provided by the
developer. Councilmember Sabatello indicated he was in support of the petition, and
pointed out that the applicant had now provided land all the way out to PGA Boulevard,
which he thought was a plus for the City. Councilmember Furtado indicated she
originally wanted the focus all around the lake but now felt the City was getting the
biggest bang for their buck by getting the money. The applicant confirmed there was
currently 21.9 acres under the ownership of Northern and they were adding another 1.5
acres of public easement. The list of permitted uses was discussed. Consensus was to
remove the shoe repair use. Vice Mayor Jablin thanked former Councilwoman Monroe
for her input. Councilmember Clark made a motion to approve Resolution 81, 2001 with
the change to Exhibit `B" read into the record, deleting shoe repair as a permitted
neighborhood commercial use. Councilmember Furtado seconded the motion. City
Attorney Rubin requested and received clarification that the City Council was accepting
the $808,000 offered by the applicant in lieu of the 1.5 acres, which would require some
changes to the Resolution. Vice Chair Jablin declared the public hearing closed. The
vote on the motion carried by unanimous 4 -0 vote.
Mayor Russo rejoined the City Council.
Ordinance 8, 2002 — Mayor Russo declared the public hearing open, held on the intent of
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 second reading. Growth Management Director Charles Wu
presented the request. Hearing no comments from the public, Mayor Russo declared the
public hearing closed. Councilmember Clark made a motion to approve and place on
second reading Ordinance 8, 2002. Vice Mayor Jablin seconded the motion, which
carried by unanimous 4 -0 vote. The City Clerk read Ordinance 8, 2002 on second
reading by title only.
Ordinance 1, 2002 - Mayor Russo declared the public hearing open, held on the intent of
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
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/7/02 6
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
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 second
reading. Planner Kara Irwin presented the request. Hearing no comments from the
public, Mayor Russo declared the public hearing closed. Councilmember Clark made a
motion to approve and place on second reading Ordinance 1, 2002. Vice Mayor Jablin
seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read
Ordinance 1, 2002 on second reading by title only. Growth Management Director Wu
complimented Ms. Irwin for her work on this project.
RESOLUTIONS:
Resolution 166, 2001 – Consideration of approving an application from Gardens East
Plaza for approval of a 14,090 square foot drugstore and 3,867 square feet of in -line retail
with a tower feature on Tracts 1, 2, and 3 (1.67 acres) in the Promenade Shopping Center
(fka Gardens East Plaza), located within the Gardens East Planned Community District
(PCD), on the east side Alternate AIA, approximately 500 feet north of Lighthouse
Drive. Senior Planner John Lindgren presented the project and reported the applicant
had agreed to make the southern ingress /egress right -in, right -out only, but could not
delete the median cut because it was needed by the Mobil gas station for their gas
delivery trucks to exit the site. Agent for the applicant, Dodi Glas, explained the
proposals which had been submitted for the ingress /egress and that the applicant was
committed to honor their agreements with the shopping center owner not to close the
median cut. Discussion ensued. Ms. Glas indicated that if it was the direction of the City
Council, they would close off the access cut; explaining that Eckerd had not totally
agreed to that situation, however, the property owner, who was the petitioner, would
agree. Ms. Glas indicated that staff needed direction regarding the living or non - living
sign, and it was indicated that the living sign was preferred. Ms. Glas clarified they were
not closing off the median —only the access cut, and would provide plans to that effect
the next day. It was clarified the median cut would remain but the access would be
closed. Councilmember Clark moved approval of Resolution 166, 2001 with the changes
just read into the record. Councilmember Sabatello seconded the motion, which carried
by unanimous 5 -0 vote.
Resolution 181, 2001 - 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. Mayor Russo and Vice
Mayor Jablin reported they had met with the petitioner and with staff. Councilmember
Sabatello reported he had met with the petitioner, staff, and the City Manager. Senior
Planner John Lindgren presented the project. Councilmember Sabatello thanked the
applicant for showing the extremes of lot coverages in graphic form. Councilmember
Clark moved approval of Resolution 181, 2001. Vice Mayor Jablin seconded the motion,
which carried by unanimous 5 -0 vote.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/7/02 7
ADJOURNMENT:
There being no further business to discuss, upon motion by Councilmember Clark,
seconded by Vice Mayor Jablin, carried 5 -0, the meeting was adjourned at approximately
10:00 P.M.
APPROVAL:
MA
VICE MAVOR CARL SABATELLO
CLARK
ELGADO
ATTETi.
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR j
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
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MY POSITION IS:
WHO MUST FILE FORM 88
O APPOINTIVE
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council. commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented
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with a voting conflict of interest under Section 112.3143. Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing ;he re\erse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office .\LUST ABSTAIN from voting on a measure Which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the aoenlbly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
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A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTE`1PT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
• You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form .hould be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally the nature of your conflict in the. measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
hereby disclose that on
(a) A measure came or will come before my agency which (check one)
01. inured to my special private gain, or
inured to the special gain of , by whom l am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
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Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO ;MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT. RE-MOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN
SALARY, REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED S5.000.
CE FORM 88 . 1.91 PAGE 2