HomeMy WebLinkAboutMinutes Council 042105CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
April 21, 2005
The April 21, 2005 Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 7:05 P.M. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Joe
Russo, and opened with the Pledge of Allegiance.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Russo, Vice Mayor Jablin, Councilmember Levy,
Councilmember Valeche, and Councilmember Barnett.
ADDITIONS, DELETIONS, AND MODIFICATIONS:
Mayor Russo announced the following proposed changes to the agenda: Addition under
Announcements of Legislative Update from the City lobbyist's Resource Group; addition
under City Manager Report of Status of Kyoto Drive Proposal, Solutions Regarding
Mitigation. Proposed deletions were the Annual Audit Report to be delayed until May 5,
2005 and Resolution 87, 2005 to be considered on May 5, 2005 to coincide with the adoption
of Ordinance 11, 2005 amending the 2004/2005 budget. Vice Mayor Jablin moved to
approve the proposed changes. Councilmember Levy seconded the motion, which carried by
unanimous 5 -0 vote.
ANNOUNCEMENTS / PRESENTATIONS:
National Volunteer Week — Mayor Russo expressed appreciation to all City volunteers and
read aloud a proclamation supporting National Volunteer Week. Mayor Russo announced a
reception where each volunteer would be recognized with a pin and each year would be
given a different color pin for their hours of volunteer service.
Police Department 2004 Summary Report - A brief overview was provided by Police Chief
Stepp, which showed a downward trend in crime in spite of increased population. Business
burglaries and auto theft were up slightly in the first quarter. There had been one murder
during the past year, but violent crimes were down overall, and the number of arrests
remained consistent. Numbers of traffic arrests and tickets were reported.
Legislative Update — Jordan Conner, The Resource Group, indicated the current main
legislative item was the budget, and reported the city had two grants in the budget. Growth
management and Medicaid reform were reported as hot topics this year. Mr. Connor
commented on bills which had died, on others that would affect the county, and one bill that
would affect broadband telecommunications. Mr. Conner answered questions from the City
Council.
ITEMS OF RESIDENT INTEREST:
Councilmember Levy reported he had attended the state of the county address by Karen
Marcus, sponsored by the Chamber of Commerce, and announced that next month the State
of the City Address would be given by Mayor Russo and he hoped everyone would come out
and ask a lot of hard questions. Councilmember Valeche announced that the new Burns Road
pool will be opening on May 30. Vice Mayor Jablin reported he and Mayor Russo and some
staff members had attended the Frenchman's Creek Charity Committee Annual Tea and had
received $22,000 for two computer labs, and $10,000 for the concert series, and thanked
them for all their charitable work. Mayor Russo reported the entire City Council attended the
MPO meeting, and the widening of PGA west of the turnpike to 6 lanes had been put back
on the agenda after being previously defeated. The City had appealed to the county on this
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/21/05 2
issue to wait another three years, and the MPO had agreed. Mayor Russo requested that
Councilmember Levy work on the issue of the county district park. Vice Mayor Jablin
commented the City Manager's contract was up next February and requested discussing an
evaluation and his future with the city at the next meeting. Mayor Russo brought up the issue
of a traffic light at Garden Lakes. City Engineer, Dan Clark reported the county's traffic
engineer had reservations because of the uncontrolled off -ramp at I -95. City Engineer, Clark
was given direction by the City Council to pursue bringing FDOT into the discussions.
Mayor Russo reported he had met with the Lester family, owners of the Briger Tract, and
invited them to participate in the charrette, and reported they had not made a decision what
they wanted to do with the property. The Mayor reported a new neighborhood meeting
program would be discussed by the City Attorney later in the meeting. He stated that he had
attended the Channel 25 drive to get kids to participate, had attended the FAU Presidents'
Council luncheon. He advised Mr. Brogan that they needed to look for land while Briger was
still available. He also attended the Gardens United meeting and had asked them to come to a
City Council meeting to discuss that program because there was little participation. Mayor
Russo provided a history of the district park for Councilmember Barnett, which was
discussed.
CITY MANAGER REPORT:
Town Hall Meeting Update - City Manager Ferris reported staff had been directed to bring
Council a summary of the minutes of the Town Hall meeting and the questions and issues
that were raised, with responses, and that had been done. Consensus was to place this issue
on the next agenda for review and to provide direction to staff.
Update on Kyoto — City Engineer, Dan Clark reported a meeting was held with DOT, a
member from Commissioner Marcus' office, and Winchester Courts residents. Mr. Clark
highlighted issues that were not yet resolved, including mitigation costs. The number of
lanes for the road was discussed. Mayor Russo announced that a decision would be made
tonight regarding mitigation and either two or four lanes, following public comments.
Sharon Bell requested a 20 -foot soundproof wall with landscaping. Linda Otto, Winchester
Drive, asked why a sign could not have been posted that there would be a roadway instead of
a PUD, and requested a wall with landscaping that would be of sufficient height at least 18'
tall to screen second floor bedrooms. Nancy Vought, 11565 Winchester Drive, asked the
City to require Catalfumo to place a wall across the lake from her unit. Noree Douglas,
Winchester Courts representative of the road committee, reported a poll of all eight residents
from the two first buildings most affected indicated they all wanted an 18 -foot wall and
reconsider the 58 -foot proposed natural barrier for a 100 -foot natural tree barrier. Judd Laird
commented on lost equity that residents of Winchester Court would experience as a result of
the road, and commented that it would be a horrible economic impact on people who did not
deserve it, and they would not have their money for retirement. Don Gibson, Winchester
Courts Road Committee, provided a slide of a bridge in Jupiter with a 30- degree angle and a
curve after the bridge, which the City Engineer had indicated could not be done. Mr. Gibson
requested the residents be notified of any decision to make a 4 -lane road any different than
now, any increase in building height in 5A or the capacity in 5A of buildings, and stated any
increase in the road should be rejected by PZA and City Council until sufficient wall and
buffering was installed to satisfy the noise level. Gordon Douglas, 4290 Hazel Ave.,
Winchester Courts thanked those responsible for Tuesday's meeting, indicated all requested
items except for three fountains were vetoed by the City Engineer, and asked for the City
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/21/05 3
Council to obtain a halt on construction of the bridge to allow time to see if the bridge could
be moved 20 feet, and also requested the City Council explore purchase of land from
Catalfumo to allow that move. Mr. Douglas reported Winchester Courts vigorously opposed
Mr. Catalfumo's waiver requests asking for a 25% increase in proposed buildout and a
waiver on the 50 -foot building height, because the noise level would be increased. City
Engineer Dan Clark reported his findings regarding the Jupiter bridge from discussion with
Mr. Weisberg of the county, and explained how it was different and why the same thing
could not be done for the Kyoto Drive bridge. Mayor Russo summarized that the items he
believed the council agreed upon were to decide if there would be four lanes, have staff meet
with the residents to finalize the mitigation issues, to build an 18 -foot wall by the front two
buildings, to add the fountains, to provide more buffer and not to dig out the lake more,
provide beautification or a wall on the bridge, and reported a representative from Mr.
Catalfumo had indicated they would not put a wall along the lake since it would destroy their
view of the lake. Councilmember Barnett indicated she opposed such a tall wall and believed
a shorter wall with multi- dimensional landscaping would alleviate noise and provide the
possibility of using funds, part of the 1 %, from the art fund. Don Gibson indicated FDOT
estimated the cost of a wall to be $35,000 per unit, and Vice Mayor Jablin asked if the City
could tap into their fund. Mayor Russo indicated the City would continue to work on this
issue to make it better. Councilmember Levy asked staff to research whether wetland trees
such as cypress could be planted in the lake littoral zone to increase buffer size, and asked if
the fill from the south side of the lake could be transferred to the north side of the lake to
build a littoral shelf in order to also add plantings there. Councilmember Valeche asked that
options for noise suppression, lighting, etc., be grouped with the cost of each indicated, to
make it easier to choose. Councilmember Valeche agreed to be the Council liaison for the
meeting with the residents. Vice Mayor Jablin made a motion that it was consensus of the
City Council to proceed with a four -lane road and to make every effort to work with the
residents to mitigate any adverse conditions that may arise from the four - laning of this road,
within reason, and hopefully to come to a resolution that way. Motion was seconded and
carried by unanimous 5 -0 vote.
COMMENTS FROM THE PUBLIC:
Paul Auerbach, Curry Drive, asked for and received clarification that at the MPO there was
no consent to increase PGA Boulevard to six lanes and that as of now it was still four.
Linda Hughey, Reed Drive, reported the gate had been locked at the footbridge at the north
end of Keating Drive which connected Palm Beach Square to Gardenia Gardens, and no one
had been notified, asked when the meeting was held to decide to lock the gate and the times,
and expressed her opinion this was discrimination, and suggested other options. Staff
indicated the gate was not locked and the times had been decided at a public meeting. Staff
was directed to speak with Ms. Hughey on this issue.
CONSENT AGENDA: Vice Mayor Jablin made a motion to approve the Consent Agenda
as submitted. Councilmember Levy seconded the motion, which carried by unanimous 5 -0
vote. Therefore, the following items were approved on the Consent Agenda:
a. Approve Minutes from the March 17, 2005 City Council meeting.
b. Resolution 58, 2005 — Education Advisory Board — regular and alternate
members. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida appointing two regular members and two alternate members
to the Education Advisory Committee of the City of Palm Beach Gardens;
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/21/05 4
extending the operation of the committee; and providing an effective date.
C. Resolution 59, 2005 — Approving Addendum I with Jupiter School Bus
Service, Inc. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving Addendum I with Jupiter School Bus Service,
Inc. for Bus Transportation Services; authorizing the City Manager to
execute said Addendum I; and providing an effective date.
d. Proclamation — National Volunteer Week.
e. Proclamation — Municipal Clerks Week.
PUBLIC HEARINGS:
Part I — Quasi-judicial - Mayor Russo reviewed quasi-judicial procedures. The City Clerk
swore all those who intended to offer testimony this evening in any of the quasi-judicial
cases.
Ordinance 14, 2005 — 0St reading Rezoning Parcel 31.02 (Southampton) from PDA to
PUD /Residential Medium. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida relating to rezoning; rezoning a parcel of land (Parcel 31.02) consisting of
approximately 38.5 acres, located at the Northeast corner of Central Boulevard and PGA
Boulevard, as more particularly described herein, from a Planned Development Area (PDA)
to a Planned Unit Development (PUD) overlay with an underlying zoning designation of
Residential Medium (RM) to be known as the "Southampton PUD"; and providing an
effective date. (Resolution 48, 2005, a companion item to Ordinance 14, 2005 will require
Council action on second reading: Resolution 48, 2005 - Approving the Southampton PUD.
A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the
master development plan for the approximately 38.5 -acre parcel (Parcel 31.02), to be known
as the "Southampton PUD," located at the Northeast corner of Central Boulevard and PGA
Boulevard, as more particularly described herein, to allow the construction of 245 townhouse
units; providing for waivers; providing for conditions of approval; and providing an effective
date.) The City Attorney read Ordinance 14, 2005 on first reading by title only. Mayor Russo
declared the public hearing open and called for ex -parte communications. Councilmember
Levy reported he met with members of the Southampton group which consisted of Troy
Holloway, Al Malefatto, and others and discussed the project; residents Lisa Lewis and Ruth
Peeples, and the Bent Tree HOA president Leonard Ingrando, about the same thing.
Councilmember Barnett reported she spoke to the same residents regarding the height
restriction. Councilmember Valeche reported he met with the petitioner on two occasions
and spoke often with Ruth Peeples and Tom Sosey of Bent Tree as well as numerous other
residents this past summer. Vice Mayor Jablin reported he had spoken with numerous
residents and with the petitioners and their representative, Al Malefatto. Mayor Russo
reported he spoke with Southampton residents in a meeting the other day, and with Ruth
Peeples, and also received by fax a petition from Leonard Ingrando, HOA President, and
copies of letters from Ann Gott. Senior Planner Brad Wiseman presented the staff report.
Attorney Elle Halpren spoke on behalf of the applicant and introduced those present for this
project. Troy Holloway made a presentation for the applicant. Civil Engineer John Wheeler
answered questions on behalf of the applicant. Ruth Peeples, member of the Bent Tree Board
of Directors HOA, expressed Bent Tree's opposition to the waiver for 3- stories on the
Southampton project. Leonard Ingrando, President of Bent Tree HOA, asked the Council to
act on the position letter they had received from the HOA, and asked that 3 -story buildings
not be approved in the Southampton project. Mr. Ingrando presented a petition circulated in
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/21/05 5
Bent Tree in July 2004 representing the majority of the households in Bent Tree. Fran
Heaslip, 110 Bent Tree Drive, directly facing the Southampton lake, indicated traffic on
PGA Boulevard would be magnified across the lake and spoke against 3 -story buildings.
Bruce Oestreich, 116 Bent Tree Drive, across the canal from Southampton, urged denial of
3 -story buildings. Phyllis Portanova, 321 Timberwood Court, member of the Bent Tree HOA
board of directors, asked that Town & Country be required to put 2 -story homes next to Bent
Tree and deny the waiver for 3 -story homes. Anna Fattarusso, Bent Tree resident, presented
a video of a News 12 broadcast of the Town & Country development. Tom Sosey, 149 Bent
Tree, endorsed the positions given by the HOA members and Bent Tree residents, and
thanked Vito DeFrancesco for the material he was presenting, and asked that this project be
tabled until LDR regulations had been met. Richard Orman, 4203 Oak Street, spoke as Vice
President of the PGA Corridor Residents Coalition, which objected to granting the requested
waivers. Ann Gott, 309 Timberwood Court, stated she had sent a letter to each of the
Councilmembers stating the standards set by Bent Tree's original Southampton committee,
and expressed concern that the preserve might be reduced 8 feet and taking back the 2 -story
on the perimeter of Bent Tree, and reported a meeting with the developer had not included
residents. Attorney Al Malefatto commented the project shown in the video had been in
West Palm Beach and did not violate any of that city's codes, and that type of project could
not be constructed in Palm Beach Gardens; there would be 100 -foot buffers between
adjacent neighbors; and benefits provided were in the staff report. Attorney Halpern clarified
the building height issue, and indicated additional items mitigated the request for the
waivers. Hearing no further comments from the public, Mayor Russo declared the public
hearing closed. It was clarified that only the ordinance would be voted on this evening, not
the resolution approving the site plan. Discussion by City Council ensued. Councilmember
Barnett was uncomfortable with 3 story buildings, and favored all 2- stories. Councilmember
Levy favored 2 -story buildings along the edge of Bent Tree and Gardens of Woodberry, and
3 -story buildings in the interior, and if that was not done then wanted to see more variety in
the architecture. Councilmember Levy also favored more sidewalk connections between the
developments, and a way to get cars off PGA Boulevard early by adding more entrances and
exits, and asked those issues to be looked at. Councilmember Valeche indicated he would
side with the residents and vote against this tonight. Vice Mayor Jablin agreed with
Councilmember Levy, having 2 -story buildings on the edges and 3 -story building interior,
and more variety in the architecture. Mayor Russo indicated he would be in favor of this
project if the petitioner reached agreement with the residents. The petitioner indicated they
would like to try to work with the residents again. Mayor Russo re- opened the public
hearing. Councilmember Valeche made a motion to continue the public hearing to the May
19, 2005 City Council meeting. The motion was seconded, and direction to the applicant was
to minimize 2- stories on the perimeter, or if 2 -story buildings were used throughout to
reduce the number of buildings, and also to add variety in architecture. Motion carried by
unanimous 5 -0 vote.
Ordinance 15, 2005 — (1St reading,) Amendment to the Clock Tower Planned Unit
Development (PUD). An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida amending Ordinance 25, 1985 and Ordinance 17, 1988 relating to the Clock Tower
Planned Unit Development (PUD) to transfer the site plan approval and related conditions to
Resolution 54, 2005; and providing an effective date. (Resolution 54, 2005 is a companion
item to Ordinance 15, 2005 and will require Council action on second reading: Resolution
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/21/05 6
54, 2005 - Amendment to the Clock Tower Planned Unit Development (PUD). A Resolution
of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to
the Clock Tower Planned Unit Development (PUD), which is generally located at the
Northwest Intersection of Military Trail and Burns Road, as more particularly described
herein, to modify one condition of approval established in Ordinance 25, 1985, which
approved the Clock Tower PUD; and providing an effective date.) The City Attorney read
Ordinance 15, 2005 on first reading by title only. Mayor Russo called for ex -parte
communication; no one reported any ex -parte. Planner Autumn Sorrow presented the staff
report. Mayor Russo declared the public hearing open. Hearing no comments from the
public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin made a motion
to place Ordinance 15, 2005 on first reading by title only. Motion was seconded.
Councilmember Levy asked if this was being passed to get the applicant out of a code
violation. Mr. Wu advised this situation had been developing over the past 20 years, and
after research, staff had a comfort level with making this amendment. Motion carried by
unanimous 5 -0 vote.
Part II — Non - Quasi - judicial
Ordinance 1, 2005 — (0 reading) LDR Amendment — Wireless Communications Facilities.
An Ordinance of the City Council of the City of Palm Beach Gardens, Florida; relating to
Wireless Telecommunications Facilities; amending Section 78 -159 Code of Ordinances
entitled "Permitted uses, Conditional and Prohibited uses ", amending section 78- 1590)(64),
Code of Ordinances entitled "Additional Standards - Wireless Telecommunications
Facilities" to provide time frames for processing applications and to authorize the adoption
of a Resolution to establish Application Fees for the location of Wireless
Telecommunications Facilities on private or public property; amending subsection 78-
1590)(64), Code of Ordinances entitled "Additional Standards - Wireless
Telecommunications Facilities" to repeal the requirement to apply for conditional use
approval when a Wireless Facility application is denied and to clarify processes; providing
for codification; and providing an effective date. The City Attorney read Ordinance 1, 2005
by title only on first reading. Mayor Russo declared the public hearing open. Planner Jackie
Holloman presented the staff report. Hearing no comments from the public, Mayor Russo
declared the public hearing closed. Vice Mayor Jablin moved to place Ordinance 1, 2005 on
first reading by title only. Councilmember Levy seconded the motion, which carried by
unanimous 5 -0 vote.
RESOLUTIONS:
Resolution 53, 2005 - Approving the Art in Public Places proposal for the Hood Road
Centre. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
Approving the Art in Public Places proposal for the Hood Road Centre within the Westwood
Gardens/Westwood Lakes Planned Unit Development located at the Southeast Corner of
Hood Road and Interstate 95, as more particularly described herein; providing for conditions
of approval; and providing an effective date. Planner Jackie Holloman presented the staff
report. Vice Mayor Jablin made a motion to approve Resolution 53, 2005. Motion was
seconded, and carried by unanimous 5 -0 vote.
Resolution 56, 2005 - Approve a contract award to West Construction, Inc., for the
construction of the Tennis Center Expansion Project. Project Number 2005 -023. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a
contract to West Construction, Inc., for the construction of the Tennis Center Expansion
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/21/05 7
Project and all related appurtenances; and providing an effective date. Todd Engle,
Construction Services Director, presented the project. Vice Mayor Jablin made a motion to
approve Resolution 56, 2005. Motion was seconded by Councilmember Levy, and carried by
unanimous 5 -0 vote. Mayor Russo requested the amount of receipts from the tennis center
and the golf course.
ITEMS FOR COUNCIL ACTION/DISCUSSION:
Visioning Retreat. — Councilmember Barnett suggested discussion of Council /Staff relations
on Thursday night as a stepping stone to the items to be discussed Friday. City Manager
Ferris indicated that would be presented to the facilitator to be sure it could be worked into
the exercise properly if moved from its current position on the agenda.
CITY ATTORNEY REPORT:
Proposed settlement for the Kyoto Gardens Drive Rail Road Crossing. Roger Blangy,
petitioner vs. the Department of Transportation, Respondent. Case #02 -0327. City Attorney
Tatum reported Mr. Blangy had requested postponement, so this would be placed on an
agenda when he was ready.
Proposed Neighborhood Workshop — The City Attorney advised this concept would
formalize the process developers went through in meeting with the surrounding
neighborhoods this would bring citizens in at a much earlier point in the process. The
proposed process was modeled after that of the City of Sarasota where it had been used very
successfully for many years, and if the City Council was interested the process could be
started. Discussion ensued. Councilmember Barnett suggested requiring any lobbyist
speaking to staff regarding a project to register so that there would be a record. The City
Attorney indicated she would research this and provide examples of similar processes used
by other municipalities.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/21/05 8
ADJOURNMENT:
There being no further bush
APPROVAL:
VICE MAYOR JABLIN
COUNCILMEMBER VALECHE
— n. . Y-\-/
COUNLAMtMBER BARNETT
ATTEST:
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PATRICIA SNIDER, CM
CITY CLERK
0 P.M.