HomeMy WebLinkAboutMinutes Council 041700I
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
April 17, 2000
The April 17, 2000, 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 David Clark,
and Councilmember Carl Sabatello. Councilmember Lauren Furtado was absent from the
meeting.
CITY MANAGER REPORTS:
Construction Manager Report: Building Official Jack Hanson reported work was continuing on
the air conditioning to make it quieter, insulating the ceiling of the Council Chambers was
proposed, and outdoor grading work was anticipated to be finished the first part of June.
Recreation Director Sue Miller requested a change order to amend the Bell South contract to hire
a telephone consultant. Mayor Russo requested research to determine whether this item had
been included in the contract with Mr. Casto's firm.
Gardens Park Issues - Recreation Director Sue Miller provided a presentation on Gardens Park
Issues design flaws. Mayor Russo requested that the City Manager determine responsibility for
each item in the report.
City_ Hall Landscaping - City Forester Mark Hendrickson introduced City Landscape Architect
Debra Northsea and presented plans for revised City Hall landscaping, estimated to cost
$170,000 to $217,000 with funding from bond proceeds. Additional items of irrigation,
uplighting, and specimen plants would be presented at a later meeting.
Traffic Enforcement Update: Sgt. Glen Brown, Traffic Unit Supervisor provided a presentation
regarding trattic en orcemen . Discussion ensued regarding slowing traffic on Military Trail and
Northlake Boulevard. Vice Mayor Jablin recommended traffic speed displays that would attach
to telephone poles for which County Commissioner Marcus had offered to pay half the cost, and
for which Chief Fitzgerald expressed support.
Burns Road/PGA Flyover Update: City Attorney Rubin reported right -of -way issues were still
being pursued. A presentation was made which included seven projects for the Burns Road/PGA
Flyover construction. Time schedule for activities on PGA Boulevard was estimated at three
years. Options for improving Burns Road to move traffic off PGA Boulevard during the flyover
construction period were presented. Options for funding for the improvement of Burns Road
were discussed, including possible impact fees. Direction to staff was to further research
funding.
Christ Fellowship Church Management Plan Update: Joseph Ryan, Consultant for the church,
announced the new facility would open in two weeks. Growth Management Director Roxanne
Manning reported the management plan was working and improvements were being made.
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CITY COUNCIL REGULAR MEETING, 4/17/2000
COMMENTS FROM THE PUBLIC:
Sam Carsillo - Mr. Carsillo expressed pleasure regarding the traffic enforcement presentation.
Mr. Carsillo requested that sidewalk construction be resumed. Mr. Carsillo commented on
Resolution 35, 2000 which would provide financing for various capital improvements through a
loan from Republic Security Bank, and stated that he had believed the developers were going to
become involved with payment for the fire stations. Mr. Carsillo commented regarding train
whistles on the FEC railroad that a noise law had been passed in Washington, D.C. Mr. Carsillo
requested more motorcycles be used for enforcement of traffic limits.
Joan Altwater - Ms. Altwater thanked the Police Department for enforcing speed limits, and
reported that County Commissioner Marcus had indicated if the City would enforce speed limits
on Northlake Boulevard she was willing to consider dropping the limit to 45 mph, and requested
City Council support for this issue. Ms. Altwater questioned access to the hospital during
construction of the PGA flyover. Ms. Altwater suggested the City and the County revisit the
impact fee structure to determine use of present facilities and perhaps restructure impact fees
accordingly, which might contribute some funding for the flyover project.
RE -ORDER AGENDA: Vice Mayor Jablin made a motion to re -order the agenda to consider
item (b) of the Consent Agenda - Consideration of awarding bid for Bank Line of Credit - after
Resolution 35, 2000. Councilman Clark seconded the motion. Motion carried by unanimous 4-
0 vote.
CONSENT AGENDA: Councilman Clark moved approval of the Consent Agenda. now
consisting solely of item (a). Vice Mayor Jablin seconded the motion. Motion carried 4 -0. The
following items were approved on the Consent Agenda:
a. Approval of Minutes of 3/30/00 Special City Council Meeting.
RESOLUTIONS:
Resolution 28, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens,
Florida, Authorizing the Mayor and City Clerk to Execute an Agreement with Palm Beach
County for the Interlocal Agreement for the North County District Park; and Providing for an
Effective Date.
Terms of the agreement and the conceptual concept for the park were discussed. The City
Attorney explained there were three documents consisting of the interlocal agreement,
amendment to the lease purchase and amendment to the option agreement, and the lease
agreement. The City Attorney explained that the amendment changed the parties because now
the property was owned by CFC and not the Foundation, reduced the price by 15 %, and the only
other substantial changes the City and CFC would grant each other were mutual easements for
utilities, which would be worked out later. The City Attorney stated that part of the Council's
approval would be authorizing the City Manager to execute the amendment to the agreement.
The City Attorney clarified that the only change he requested was to authorize the Mayor and
City Clerk to execute the interlocal agreement and authorize the City Manager to execute the
amendment to the lease purchase option agreement. Councilman Sabatello commented the terms
of the agreement had changed. Concern was expressed regarding the 50 -year term; however, it
was reported that the County had indicated they would be willing to discuss that issue later.
Councilman Clark made a motion to approve Resolution 28, 2000 with the amendments read into
the record by the City Attorney. Vice Mayor Jablin seconded the motion that carried by
unanimous 4 -0 vote.
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CITY COUNCIL REGULAR MEETING, 4/17/2000
Resolution 32, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens,
Florida, Providing for the Approval of an Application from Frenchman's Creek Golf Course for
an Amendment of a Previously Approved Site Plan by Approving the 4,421 square foot
Expansion of the Existing Clubhouse and the Addition of a 15,261 square foot Fitness and
Tennis Center Located in the Center of the Frenchman's Creek Planned Community District
(PCD) at the Southeast Corner of Alternate AIA and Donald Ross Road, as more Particularly
Described herein; Providing for Conditions of Approval; Providing for a Waiver; and Providing
for an Effective Date.
Following comments by staff, a video presentation, and presentation on behalf of the petitioner
by Donaldson Hearing, Councilman Clark made a motion to approve Resolution 32, 2000.
Motion was seconded by Vice Chair Jablin and carried by unanimous 4 -0 vote. Mayor Russo
thanked Frenchman's Creek for their donation of a van to the City.
Resolution 35, 2000 - A Resolution of the City Council of the City of Palm Beach
Gardens,Florida; Authorizing the Issuance of a Promissory Note of the City in the
Principal Amount of Not to Exceed $10,000,000 to finance Various Capital Expenditures
of the City; Approving the Form of a Loan Agreement; Providing that such Note Shall Not
be a General Obligation of the City but shall be Payable only from Certain Non -Ad
Valorem Revenues and Other Monies as Provided Herein; Providing for the Rights,
Securities and Remedies of the Owner of Such Note; Providing for the Creation of Certain
Funds; Making certain Covenants and Agreements in Connection Therewith; and
Providing an Effective Date.
Finance Director Olson explained how the line of credit worked, and that initial borrowing of
approximately $3 million would be used for Fire Station No. 3, a fire truck for Fire Station No. 3,
and purchase of additional 33 acres for the District Park. Richard Orman made comments not in
favor of the line of credit. Mike Martino was also not in favor of the line of credit. Discussion
ensued regarding public perception of borrowing $10,000,000.
Councilman Clark made a motion to approve Resolution 35, 2000 with the following
amendments: To substitute the sum of $3,000,000 for $10,000,000 wherever it appeared
including in the title and in all of the operant provisions and in the promissory note, and with the
additional amendment at the appropriate point in the Resolution specifying that the $3,000,000 is
to be used only for the three approved budgeted items of Fire Station No. 3, a fire truck for
Station No. 3, and purchase of an additional 33 acres for the District Park. Vice Mayor Jablin
seconded the motion, which carried by unanimous 4 -0 vote.
Awarding Bid for Bank Line of Credit - Councilman Clark made a motion to approve the award
of the bid for the $3,000,000 loan to Republic Security Bank. Vice Mayor Jablin seconded the
motion, which carried by unanimous 4 -0 vote.
Resolution 36, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens,
Florida, Authorizing the Mayor and City Clerk to Execute an Air Stripper Discharge Agreement
with Seacoast Utility Authority; and Providing for an Effective Date.
Councilman Clark made a motion to approve Resolution 36, 2000. Vice Mayor Jablin seconded
the motion, which carried by unanimous 4 -0 vote.
ORDINANCES:
Ordinance 14, 2000 - Presented for Consideration of First Reading - An Ordinance of the City
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CITY COUNCIL REGULAR MEETING, 4/17/2000
Council of the City of Palm Beach Gardens, Florida, Providing for the Approval of the
Application of Palm Beach Hotel and Office Building Limited Partnership for an Amendment of
a Previously Approved Planned Unity Development located at the Southwest Corner of PGA
Boulevard and Interstate Highway 95 as More Particularly Described Herein by Approving an
Increase in Square Footage in the Phase 2 Office Building from 82,265 to 82,389 and a
Reduction in Height from Ten Stories to Five Stories, and Allowing the Permitted Phase 2
Parking Structure to have an Optional Third Floor; Providing for Conditions of Approval;
providing for waivers; Providing for Severability, Providing for Conflicts; and Providing for an
Effective Date.
Principal Planner Jim Norquest presented the request. Al Malefatto, agent, and Pete Spina,
Oliver Glidden & Partners spoke on behalf of the applicant. Access to Tanglewood and traffic
concerns was discussed. Frank Maroney, Architect, described proposed improvements. Traffic
Engineer Joe Pollock clarified points regarding a deceleration lane not yet approved by FDOT
that could alleviate stacking problems. Direction was to leave the existing access to Tanglewood
but not to grant access from the parking garages.
Councilman Clark made a motion to place Ordinance 14, 2000, on First Reading by title only.
Vice Mayor Jablin seconded the motion, which carried by 3 -1 vote with Councilman Sabatello
opposed. The City Clerk read Ordinance 14, 2000 on First Reading by title only.
ITEMS FOR DISCUSSION:
Modular News Racks - Code Enforcement Director Paul Friedman presented for consideration a
concept of using modular news racks throughout the City to eliminate the unsightly appearance
of numerous multicolored different sized racks in poor repair. Direction was to consult the
Finance Director regarding placing this item in next year's budget.
Policy Governing Public Use of City Meeting Facilities - Information Officer Beth Ingold Love
reported an inter-departmental team had made the following recommendations: To make
available the Police Department's Community Room for public use; to make available Parks &
Recreation Community Centers at both Burns and Riverside for staff - attended or City- sponsored
meetings only; to make available the Council Chambers for Council meetings or large City -
sponsored training (no food or beverage to be served in this room), and to explore use of the
Council Chambers for educational seminars. Staff would explore an agreement with local
schools for space for use by the Seniors Program during summer months. The lobby was be used
for holiday functions and Gardens Art receptions.
Re -Order Agenda - Councilman Clark made a motion to re -order the agenda to move the City
Attorney's Report to be next on the agenda. City Attorney Rosenthal advised that item (b) on the
agenda under City Attorney's Report would be delayed to another meeting. Vice Mayor Jablin
seconded the motion, which carried by unanimous 4 -0 vote.
CITY ATTORNEY REPORT:
Petition for Contraction - Attorney Andrew Pineiro reviewed the petition for Contraction filed by
Thomas J. Kessner and Shari L. Kessner, which was a request to de -annex the Vavrus tract,
Cordani tract, and the municipal golf course, and explained that the City had undertaken a
feasibility study of that contraction in accordance with State statute, and had determined that the
petition should be rejected. Attorney Pineieo explained that the Kessners were neither owners or
residents of the Cordani tract or the municipal golf course property, and therefore had no
standing to include those parcels in their petition; and that de- annexing only the Vavrus property
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CITY COUNCIL REGULAR MEETING, 4/17/2000
would make the Cordani tract no longer contiguous to the City, which was against Florida
statute. Thirdly, Florida statutes required that only properties not meeting the criteria for
annexation may be de- annexed and the Vavrus tract did meet the annexation requirements.
Richard Neill, Jr. attorney for Thomas J. and Shari L. Kessner and Charlie Vavrus, distributed
handouts to the City Council to indicate that this matter warranted further study. Mr. Neill stated
he had received information that this request had been denied.
Councilman Clark made a motion to ratify staff recommendation to reject the Petition for
Contraction filed by Thomas J. Kessner and Shari L. Kessner. Vice Mayor Jablin seconded the
motion, which carried by unanimous 4 -0 vote.
ITEMS AND REPORTS BY MAYOR AND COUNCIL:
Councilmember Sabatello - Councilmember Sabatello requested clarification regarding the
Recreation Department design flaws presented earlier in the meeting, to which the City Manager
responded that direction was to proceed with correction of the items and to come back with who
was responsible, working with the Finance Director and the City Attorney. Councilmember
Sabatello expressed safety concerns in Recreation and concern regarding unresolved items in the
new complex, and explained that he wanted assurance of when things would be done. Mayor
Russo requested of the City Manager for the next meeting a status report of who would be
responsible for each item and when it would be done. The City Manager reported he had
assigned Building Official Jack Hansen to coordinate all unfinished items and items for
corrections. Councilmember Sabatello requested support from the other members of the City
Council that they concurred with moving ahead to fix things, which they indicated.
Vice Mayor Jablin - The Vice -Mayor reported on progress with the sound and video system, and
his support for Jack Hansen being in charge of coordination.
Councilman Clark - Councilman Clark reported he was no longer affiliated with the company
that took over from the former Equestrian Task Force, in case anyone else was interested in
becoming a representative.
Mayor Russo - Mayor Russo reported he had attended the Frenchman's Creek charity function,
a CRA meeting attended by local banks and Mayors from surrounding cities, and the Chamber of
Commerce Governmental Concerns meeting. Mayor Russo announced the Neighborhood
meeting scheduled for the next night. Mayor Russo reported meeting with Commissioner
Marcus and DOT regarding the Prosperity Farms and PGA Boulevard intersection. The Mayor
cautioned everyone to be careful since things were happening so fast, and expressed appreciation
for all of staff's work.
Councilmember Sabatello - Councilmember Sabatello suggested writing a letter of appreciation
to the Seniors, who would be leaving this year.
Jack Hansen, Building Official, announced the podium would be re -built to accommodate the
new electronic equipment. Mr. Hansen stated he intended to carry out corrections beginning
with the City Council Chambers and then the other items inside and outside.
ADJOURNMENT: There being no further si ss di Fuss, upon motion by Vice Mayor
Jablin, seconded by Councilman Clark, carro `* , t� Ong was adjourned at 11:02 p.m.
APPROVAL: ---I' ,/ ( F (h'/`-�--
M(AY6A4f) �1YIA R. RUSSO
CITY COUNCIL REGULAR MEETING. -7 /.2000
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VICE MAYOR
CHAIRMAN PRO TEM CARL SABATELLO
COUNCILMAN DAVID CLARK
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COUNCILWOMAN LAURE FURTADO
ATTEST:
Carol Gold, CMC
City Clerk
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