HomeMy WebLinkAboutMinutes Council 061500CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
June 15, 2000
The June 15, 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, Councilmember David Clark, Councilmember Lauren
Furtado, and Councilmember Carl Sabatello. Vice Mayor Eric Jablin was absent from the meeting.
CITY MANAGER REPORT:
Construction Update - Building Official Jack Hansen provided an update on the progress achieved
to date on various remaining construction items, as well as anticipated installation and completion
dates.
Growth Management Report - Growth Management Director Roxanne Manning reported on the
proposed drainage review process, and made a recommendation to hire Glenn Miller as the engineer
to initiate the process. The scope of the work proposed was for drainage units 2 and 19, and Ms.
Manning was directed to report the cost as soon as it was known. Ms. Manning reported work had
been initiated on a followup forum for planning in Northern Palm Beach County with focus on
transportation. Councilwoman Furtado announced tentative forum dates of September 22 and 23,
and reported that neighboring municipalities were enthusiastic. Mayor Russo requested an update
on the City's traffic improvement activities at the next City Council meeting, so that this information
could be presented to the County Commission, and requested the results of the 2010 model run
before the County Commission meeting on July 12.
Canal Maintenance - Public Works Director Bob Patty reviewed work to date and reported work that
had been started in each area would be completed before moving on, to save money and to lessen
disruption time to the residents. The dragline would be working on the Earman River Canal from
Lighthouse Drive to Cypress June 19 to August 4, and final grade from Begonia to Cypress from
June 19 to August 1. Final grade on the rest of the Earman was scheduled from August 21 and
September 29, which would complete the Earman River work. The Thompson River canal from the
bridge to the end of the apartments would be complete by July 14. The linear section just above the
apartments up to Buckeye was scheduled for completion July 25 to August 31. The Thompson
Canal work from the bridge north on Dogwood would be done July 1 to September 30. Thompson
Canal from Holly Drive Bridge to Lighthouse Drive bridge section was scheduled for the first quarter
of the next fiscal year. Work on the remainder of the Thompson River canal was proposed for the
second and third budget years of the project.
Holly Drive Drainage Project - Engineer Dan Clark reported work was expected to begin the first
part of August. The work had been divided into two portions. St. Ignatius Church was still working
to define their needs. Work was anticipated to be completed 90 days after materials were received.
Councilman Sabatello suggested that St. Ignatius build to the maximum; however cost was a factor.
CITY COUNCIL REGULAR MEETING, 6/15/2000 2
PGA Flyover - Finance Director Kent Olson reviewed dates that money would be needed for various
proposed amenities, and explained that a total of $4.2 million would be needed from the City.
Possible grants totaling $2 million were reported. Funding would come from a special assessment
area of businesses that would benefit from the flyover, and from a special district. Concern was
expressed regarding making such a large commitment, and because the surrounding property owners
and developers felt this would place an unfair burden upon them. Discussion ensued. It was the
consensus of the City Council to bring this item back in two weeks for a decision regarding which
portions of the plan should be deleted.
PGA National Golf Club North Drainage - City Engineer Lennart Lindahl reviewed resident Richard
Orman's comments from the last City Council meeting regarding canal maintenance, concern over
the draw down in the upper reaches of the Thompson River located upstream from the second
control structure, the need to paint the bridges, and street flooding. Mr. Lindahl explained that Mr.
Orman planned to meet with other residents regarding the possibility of a special assessment for
funding a canal maintenance and resectioning program, that the City would look into re- activating
the back pump at the upper control structure during drought periods, that the bridges had been added
to the schedule for painting, and that a control structure which had been adjusted by Northern Palm
Beach Improvement District as well as the maintenance and resectioning program would help
prevent the street flooding.
COMMENTS FROM THE PUBLIC:
Teresa Boyda, 4105 Tanglewood South #567, reported recent fires in the apartment complex, and
her actions regarding health and safety issues in her apartment, and lack of response from the
apartment complex management Fire Chief Pete Bergel reported inspection of buildings in the
complex was currently being conducted by the Fire Department to address these issues, and that a
report would be provided to the City Manager the next day with recommendations for solution. The
City Manager reported that aggressive action within legal parameters would be taken to correct the
deficiencies.
CONSENT AGENDA: Councilman Clark moved approval of the Consent Agenda. Councilwoman
Furtado seconded the motion, which carried by unanimous 4 -0 vote. The following items were
approved on the Consent Agenda:
1. Consideration of approving Minutes from the May 18, 2000 Regular City Council
Meeting.
2. Consideration of approving The Oaks Center Plat.
3. Consideration of awarding the bid for Economic Development Administration Grant
Projects
1. Alamanda Drive Canal Erosion Control
2. Sandalwood Estates Canal Erosion Control
PUBLIC HEARINGS:
Ordinance 14, 1999 - Mayor Russo declared the public hearing open, held on the intent
of Ordinance 14, 1999 - Admiralty II PUD - An Ordinance of the City 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 Unit Development Located at the Southwest Corner of PGA Boulevard and
Interstate Highway 95, 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
CITY COUNCIL REGULAR MEETING, 6/15/2000 3
Height from Ten Stories to Five Stories, and Allowing the Permitted Phase 2 Parking
Structure to have an Optional Third Floor; Providing for Waivers; Providing for Severability;
Providing for Conflicts; and Providing for an Effective Date - duly advertised and continued
from 5/18/2000, for consideration of Second Reading and Adoption. Principal Planner Jim
Norquest reviewed the petition and revisions by the applicant; presented a letter from
Tanglewood that stated they would not oppose a one -way connection to the property, and
presented a revised condition of approval. Al Malefatto, agent for the petitioner,
introduced others present on behalf of the petitioner, and stated petitioner agreed with the
revised conditions of approval. Attorney John Gary, representative for the owners of the
adjacent Tanglewood property, requested that one -way vehicular traffic be limited to cars
and vans, and agreed that the limitation be effective with the proposed redevelopment of
Tanglewood. Hearing no further comments from the public, Mayor Russo declared the
public hearing closed. Vice Mayor Furtado made a motion to approve Ordinance 14,
2000 as amended, upon Second Reading by title only. Motion was seconded by
Councilman Sabatello and carried by unanimous 3 -0 vote. The City Clerk read Ordinance
14, 2000 on Second Reading by title only. John Gary stated that he had requested an
amendment to the revised condition of the Ordinance to say that the one -way traffic was
limited to automobiles and vans and would become operative with the redevelopment of
the Tanglewood project Ms. Manning stated staff felt strongly that this amendment needed
to be considered when application was made for the apartment project, with which the City
Council also agreed. Petitioner Al Malefatto indicated no opposition to the amendment
limiting one -way traffic to automobiles and vans, to be effective with the redevelopment of
the Tanglewood project.
Ordinance 11, 1999 - Mayor Russo declared the public hearing open, held on the intent
of Ordinance 11, 1999 - An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida, providing for an amendment to the existing Planned Unit Development
known as "City Centre ", located at the intersection of PGA Boulevard and U.S. Highway
One on the south side of PGA Boulevard; to amend Ordinance 15, 1997 to revise the
approved Master Plan for Parcel F; to reduce the building Height from 11 stories to 6; to
slightly change the design of the building; to revise the parking area around the building;
to eliminate the right turn only exit onto Ellison Wilson Road; to add two drive - through
lanes; to reduce the size of the parking garage; to revise the approved landscape plan; to
revise the approved Master Phasing Plan; to revise the approved elevations; to revise the
approved floor plans; and to revise the approved parking garage plans; providing for
conditions of approval; providing for waivers; providing for severability; providing for
conflicts; and providing for an effective date, duly advertised; continued from 5/4/00; for
Consideration of Second Reading and Adoption. Principal Planner Jim Norquest
reviewed the request, noted changes since first reading, and explained that three signs of
the four requested would require waivers. Ed Oliver, agent for the petitioner, introduced
others present on behalf of the petitioner, presented the petition, and requested the
changes made since first reading and waivers. Following discussion of requested signage
waivers; a compromise was reached to allow two building identification signs and one
tenant sign on the northeast side. Hearing no comments from the public, Mayor Russo
declared the public hearing closed. Councilmember Furtado made a motion to place
Ordinance 11, 1999 on Second Reading by Title Only and adoption with the Ordinance
CITY COUNCIL REGULAR MEETING, 6/15/2000 4
amended in Section 3 to reflect the signage compromise and waiver 2 amended to reflect
one tenant sign at the northeast entrance. Councilman Sabatello seconded the motion,
which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 11, 1999 on Second
Reading by Title Only.
Resolution 47, 2000 - Mayor Russo declared the public hearing open, held on the intent of
Resolution 47, 2000 - 2700 PGA Boulevard Sign Variance - Consideration of a request for a
variance from ground sign setback and frontage requirements, duly advertised. Councilman Clark
moved to continue Resolution 47, 2000 to the June 29, 2000 City Council meeting. Councilwoman
Furtado seconded the motion, which carried by unanimous 3 -0 vote.
RESOLUTIONS:
Resolution 49, 2000 - Staff presented Resolution 49, 2000 - A Resolution of the City Council of the
City of Palm Beach Gardens, Florida, Authorizing the Acquisition of right -of -way along Burns Road
and the filing of Eminent Domain proceedings; and providing for an effective date. Councilman
Clark made a motion to approve Resolution 49, 2000. Councilwoman Furtado seconded the motion,
which carried by unanimous 4 -0 vote.
ORDINANCES:
Ordinance 17, 2000 - Principal Planner Steve Cramer presented Ordinance 17, 2000 - An Ordinance
of the City Council of the City of Palm Beach Gardens, Florida, Enacting New Land Development
Regulations in the Code of Ordinances for the City of Palm Beach Gardens; repealing Chapter 78,
General Provisions; repealing Chapter 82, Administration; repealing Chapter 90, Concurrency
Management System; repealing Chapter 94, Excavation and Fill Regulations; repealing Chapter 98,
Landscaping and Vegetation Protection; repealing Chapter 102, Natural resources and
Environmentally Sensitive Lands; repealing Chapter 106, Public Places; repealing Chapter 110,
Signs; repealing Chapter 114, Subdivisions; repealing Chapter 118, Zoning; adopting a new Chapter
78, entitled Land Development Regulations, that provides for General Provisions, Review and
Decision - Making Authority, Development Review Procedures, Zoning Districts, Supplementary
District Regulations, Violations and Enforcement, and Definitions; providing for severability;
providing for codification; providing for conflicts; and providing for an effecting date, for
consideration of First Reading. Consultant Marty Hodgkins reviewed proposed major changes to
the code, which included allowing a currency application to be submitted with a development
application but no formal processing of the application until the concurrency had been approved.
Other proposed items highlighted were that sign plans could be submitted separately as part of a
miscellaneous review process; establishment of guidelines and criteria for judging waivers; uses not
listed in the code would be provided in writing to the City Council; limiting the number of clients
per day to home businesses; allowing single entity retail uses in certain circumstances within the
PGA corridor; providing for reduction in size for certain types parking spaces; and that if a
development wished to provide additional parking they must also provide additional open space.
Following discussion regarding the mixed use overlay district, staff volunteered to provide a report
on this issue before second reading. Establishment of enhanced land values for environmentally
sensitive land mitigation was requested. Councilman Clark made a motion to place Resolution 17,
2000 on First Reading by Title Only. Councilwoman Furtado seconded the motion, which carried
by unanimous 4 -0 vote. The City Clerk read Ordinance 17, 2000 on First Reading by Title Only.
ITEMS FOR COUNCIL ACTION:
Consideration of extending Health Insurance Contract with Blue Cross - Councilman Clark made
CITY COUNCIL REGULAR MEETING, 6/15/2000 5
a motion to approve extending the contract with Blue Cross through September 30, 2001.
Councilwoman Furtado seconded the motion, which carried by unanimous 4 -0 vote.
Consideration of amending the Contract with Duncan & Associates to Add Road Impact Fee Study
- Councilwoman Furtado made a motion to approve staff recommendation to amend the contract
with Duncan & Associates to add Road Impact Fee Study. Councilman Clark seconded the motion,
which carried by unanimous 4 -0 vote.
Consideration of approving the replacement of existing transfer switch without bypass to an
Automatic Transfer Switch with Manual Bypass by Fisk Electric - Ernie Carr presented the request.
Councilman Clark made a motion to approve the staff recommendation to approve the replacement
of existing transfer switch without bypass to an automatic transfer switch with manual bypass by
Fisk Electric. Councilwoman Furtado seconded the motion, which carried by unanimous 4 -0 vote.
ITEMS FOR DISCUSSION:
Councilwoman Furtado - Councilwoman Furtado announced that she would be sharing with staff
paperwork from the MPO meeting.
Councilman Clark - Councilman Clark requested and received consensus of approval from the City
Council for the Beautification and Environmental Committee to review public projects not reviewed
by the Planning and Zoning Commission, such as medians, etc. Councilman Clark commented that
a reporter had questioned the practice of the sign -in book at the City municipal complex. Discussion
ensued during which staff reported the practice was legal, and City Council consensus was that they
did not require a report from staff regarding this matter.
Councilman Sabatello - Councilman Sabatello commented he would like to see maintenance to
medians and right -of -ways rather than putting all available funds into the flyover, and noted that the
flyover could be very nice without all of the beautification items on the plan.
Mayor Russo - Mayor Russo reported he had attended the annual Chamber of Commerce function
for all the municipalities, and had learned that other cities were not doing as much as this City. The
Mayor thanked the City Manager and staff for all their work and assured them that the residents
appreciated their efforts. Mayor Russo reported he had met with Commissioner Marcus regarding
the Hood Road issue and that the Sanctuary residents would be kept involved in the system. A
meeting had been held regarding the school sites, on which staff reported work was still in progress
and that a report on the school sites and concurrency would be provided at the same time.
CITY ATTORNEY REPORT:
The City Attorney reported that the Vavrus case was proceeding to trial in July.
ADDITIONAL COMMENT FROM THE PUBLIC:
John Gary commented that developers were giving on many fronts, including road impact fees, and
objected to an Ordinance proposed to be presented August 17 regarding the PGA flyover in which
the developers would be taxed again. Mayor Russo expressed agreement, and assured Mr. Gary that
direction on this issue would be considered at the next meeting. Councilwoman Furtado commented
that she would look into the possibility that the State could help fund improvements to a local road
that helped a State road, which could apply to Burns Road. Mr. Gary expressed his appreciation for
help received from staff.
CITY COUNCIL REGULAR MEETING, 6/15/2000
ADJOURNMENT
APPROVAL:
ATTEST: "
CAROL GOL` D
CITY CLERK
There being no further business to discuss, upon motion by
Councilwoman Furtado, seconded by Councilman Clark, carried 4-
0, the meeting yas adjou ed at 10:05 p.m.
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CHAIRMAN PRO TEM CARL SABATELLO
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COUNCILMAN DAVID CLARK
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COUNCILWOMAN LAUREN FURTADO