HomeMy WebLinkAboutMinutes Council 100500CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
October 5, 2000
The October 5, 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,
Councilmember Lauren Furtado, and Councilmember Carl Sabatello.
REORDER AGENDA: Councilwoman Furtado made a motion to move Item for Council Action
- Appointment of Interim City Manager - to immediately follow the City Manager Report.
Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote.
PRESENTATION:
Cancer Survivor Park - Dale Bufaney, Vice President and Regional Director of the H &R Block
Foundation, presented the Cancer Survivor Park concept, proposed to be located at the corner of
Burns Road and Military Trail. Dedicated to cancer survivors, the park would be constructed at no
cost to the City. The message of the park would be not to equate death with cancer. Elements of the
park would include a series of sculptures by a renowned Mexican sculptor; a computer containing
the names of local 5 -year cancer survivors, a positive mental attitude path with plaques displaying
inspirational messages and suggestions to fight cancer, and a road to recovery with plaques
explaining how to overcome cancer. Requirements were that the location must be an area of high
visibility, that it be a park unto itself, and be less than 2 -1/2 acres. Upon approval by Mr. and Mrs.
Block, $250,000 for construction and $100,000 for maintenance would be granted and the total
value of the grant would be $1 million. The City would be required to designate the location to this
use, design the park, and decide upon a theme. Staff was directed to proceed with this project.
Modification to Community Center on Burns Road - A conceptual plan was presented by staff for
the roadside footage that would be used in widening Burns Road. Trees were proposed to be moved
back, access to the parking area would be reconfigured directly across from the fire station, and
parking spaces would be relocated within the site. Councilman Clark suggested dispensing with the
proposed long access road to the parking by the shuffleboard area.
CITY MANAGER REPORT:
Public Information Report - Beth Ingold Love announced that due to inclement weather last week
the meeting with residents regarding the Holly Drive drainage project had been rescheduled to this
coming Tuesday at 5:30. Approximately 1,000 residents had been notified of a public information
meeting regarding Burns Road widening, and businesses located along RCA and Burns Road had
been notified to suggest they provide alternative schedules to accommodate the FEC railroad
crossing closure. Plans were proceeding to hold the grand opening for the municipal center on
October 22. Mayor Russo noted there had been miscommunication regarding an event approved by
the City Manager as a salute to veterans paid for by the Mark Foley campaign, and members of the
CITY COUNCIL REGULAR MEETING, 10/5/2000 2
opposing political party who had complained had been offered use of the facilities to hold a similar
event.
Construction Update - Jack Hanson, Building Official, reported only five major items remained.
Signage was scheduled for completion the week of October 13; landscape plans had received final
approval and landscaping of the main facility was planned for completion by the grand opening;
irrigation RFP was ready to begin the bidding process and concurrent completion of both the
irrigation system and pumping station were anticipated; ADA hearing equipment would be ordered
during the next week; and the four marble commemorative plaques from the old City Hall were to
be installed the next day on the east wall of the main complex. Mr. Hanson reported that the postal
kiosk was now fully operational. Mr. Hanson commented he would be staying with the City, and
Vice Mayor Jablin thanked him for his work on this project.
Growth Management Report - Principal Planner Steve Cramer announced that the Transportation
Forum for the North County was scheduled for the weeks of November 13 or 27 and is being
handled by the Joint Center at FAU, and the Council and other cities would be contacted regarding
possible dates. Councilwoman Furtado requested a workshop on the canal report at the Special
Meeting on October 11, with review of the report by the City Engineer. Mayor Russo noted that
award of a contract for a Planning Consultant was on the Consent Agenda, selected from proposals
submitted through an RFP. Discussion ensued regarding the fees paid to the consultant and whether
they would be passed through to the developers who were offered this option to speed the approval
process. Staff was requested to research and report on this item.
ITEMS FOR COUNCIL ACTION:
Appointment of Interim City Manager - Attorney Watterson reported that on September 25, 2000
a Resolution of removal with cause and suspension of City Manager Nabar Martinez had been
passed by the City Council, and Attorney Len Rubin had been appointed Interim City Manager on
that date. Attorney Watterson reported he had consulted with a number of people regarding their
availability to serve as Interim City Manager until the removal and suspension process could be
completed and a new City Manager could be chosen, and presented a proposed contract with Mr.
Ronald M. Ferris, formerly City Manager of Lantana, for the position. Mr. Watterson reviewed the
terms of the proposed contract. Councilmember Clark made a motion to approve the proposed
employment agreement with Ronald M. Ferris. City Attorney Rubin noted that he had prepared
Resolution 94, 2000 which contained the employment agreement, but it was not on the agenda.
Motion was seconded by Vice Mayor Jablin. During discussion of the motion, Councilmember
Furtado requested and received clarification from City Manager Rubin that the Resolution to suspend
the City Manager had not been on the agenda but had been voted on at the meeting of September 25,
2000, and was put into written form and signed the next day. Councilman Clark clarified that the
motion was simply to approve the proposed employment contract rather than to approve the
Resolution, since the Resolution was not on the agenda. Motion carried by unanimous 5 -0 vote.
Mayor Russo welcomed Mr. Ferris, who expressed his enthusiasm to begin work.
COMMENTS FROM THE PUBLIC:
Roger Blangy - Mr. Blangy, representative of Garden Woods, explained that he and other
representatives of Garden Woods had requested a public hearing for Plat 4 and suggested it be held
at the October 19 meeting for the linkages plan. Following discussion, staff was directed to notify
the Garden Woods residents who had attended a previous hearing and were told they would be
advised of future hearings on this issue.
CITY COUNCIL REGULAR MEETING, 10/5/2000 3
There was a consensus of the City Council to request that those who had signed up to speak
regarding the former City Manager not speak in order to begin a healing process, unless they had an
item regarding future management of the City. No one came forward to speak.
CONSENT AGENDA: Councilman Clark moved approval of items (a) (b) (c) and (e) on the
Consent Agenda. Vice Chair Jablin seconded the motion, which carried by unanimous 5 -0 vote.
The following items were approved on the Consent Agenda:
1. Consideration of approving Minutes from the September 7, 2000 Regular City Council
Meeting.
2. Consideration of approving Minutes from the September 14, 2000 Workshop City Council
Meeting.
3. Consideration of awarding contract for Planning Consultant.
5. Consideration of refurbishing Rescue Unit.
Discussion ensued on the following items that were not approved on the consent agenda:
4. Consideration of awarding bid for Grant Writing Services - Councilmember Clark
questioned regarding item (d) Consideration of awarding bid for Grant Writing Services why
the high bidder had been chosen instead of the low bidder. Tom DeRita, Resource Group,
reviewed the rating system criteria, and explained that Langton Associates had been picked
based on their years of experience and their track record. Discussion ensued regarding lack
of backup information in the packets, and Councilman Clark requested the backup
information be provided on this item and that more backup information be provided in the
future. Councilman Sabatello made a motion to approve award the bid for Grant Writing
Services to Langton Associates. Councilwoman Furtado seconded the motion, which carried
by unanimous 5 -0 vote.
6. Resolution 87, 2000 - Consideration of approving the Engineering Agreement -
Councilwoman Furtado requested clarification on part-time and in -house engineering.
Discussion ensued regarding closely monitoring costs. Councilmember Clark made a motion
to approve Resolution 87, 2000. Vice Mayor Jablin seconded the motion, which carried by
unanimous 5 -0 vote.
7. Resolution 89, 2000 - Authorization to Execute Joinder to Drainage Easement -
Councilwoman Furtado explained that since there were questions on the Master Drainage
Plan and whether platting for Gardens Mall had ever been approved and recorded, she was
not comfortable approving anything regarding the mall and surrounding areas. Consensus
was to delay consideration of Resolution 89, 2000 until that question was answered and the
as -built for Gardens Mall. was provided.
PUBLIC HEARINGS:
Ordinance 21, 2000 - Hibiscus Restaurant Outdoor Seating. Mayor Russo declared the public
hearing open, held on the intent of Ordinance 21, 2000 - 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 "Hibiscus Restaurant" (Formerly Bridge Center PUD) Located at the
Northwest corner of PGA Boulevard and Ellison Wilson Road, as originally approved by Ordinance
11, 1995, to allow outdoor seating and service adjacent to the Waterway; providing for conditions
of approval; providing for severability; providing for conflicts; and providing for an effective date.
Petitioner's representative Attorney Lawrence Smith requested approval conditioned upon granting
the City Council total discretion to revoke the approval if there were complaints from neighbors, if
CITY COUNCIL REGULAR MEETING, 10/5/2000 4
they deemed it appropriate after hearing the restaurant owner's case. Petitioner proposed a public
meeting to review the situation in any case in May 2001. Petitioner described proposed screening
of adjacent property. Jim Brindell spoke on behalf of the owner. Richard Arnold, neighbor adjacent
to the property, expressed opposition and expressed concerns regarding noise, lack of privacy, and
decreased real estate values. Neighbors Thomas Fink, Norman Chabre, and Don Colvin, also spoke
in opposition. Hearing no further comments from the public, Mayor Russo declared the Public
Hearing closed. Following discussion, the following amendment was read into the record by the
Acting Interim City Manager Len Rubin: The grant of outdoor seating shall be automatically
revoked should the Lessee /Operator at time of approval, which is The Breakers, cease to operate
a restaurant on this site. Councilman Clark made a motion to approve the amendment to Ordinance
21, 2000 as read into the record by the Acting Interim City Manager.Rubin. Vice Mayor Jablin
seconded the motion, which carried by 4 -1 vote, with Mayor Russo opposing the motion.
Councilmember Clark moved that Ordinance 21, 2000 be placed on second reading and approved
as amended. Vice Mayor Jablin seconded the motion. Motion carried by 4 -1 vote, with Mayor
Russo opposing the motion. The City Clerk read Ordinance 21, 2000 on Second Reading by title
only.
Ordinance 27, 2000 - Capital Project Assessment. An Ordinance of the City Council of the City of
Palm Beach Gardens, Florida, Relating to Capital Improvements Providing a Special Benefit to
Local Areas within the City, Providing Definitions and Findings; Providing for Title and Citation;
Providing for the Creation of Assessment Areas; Authorizing the Imposition and Collection of
Special Assessments to Fund the Cost of Capital Improvements Providing a Special Benefit to Local
Areas within the City; Establishing Procedures for Notice and Adoption of Assessment Rolls and
for Correction of Errors and Omissions; Providing that Assessments Constitute a Lien on Assessed
Property upon Adoption of the Assessment Rolls; Establishing Procedures and Methods for
Collection of Assessments; Authorizing the Issuance of Obligations Secured by assessments;
Providing for Various Rights and Remedies of the Holders of Such Obligations; Providing that such
Obligations will not Create a General Debt or Obligation of the City; Providing for Codification;
Providing for Severability; Providing for Conflicts; and Providing an Effective Date. Staff presented
the Ordinance. Hearing no comments from the public, Mayor Russo declared the Public Hearing
closed. Councilman Clark moved to place on Second Reading by title only and to approve
Ordinance 27, 2000. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote.
The City Clerk read Ordinance 27, 2000 by title only on Second Reading.
RESOLUTIONS:
Resolution 76, 2000 - Principal Planner Steve Cramer presented Resolution 76, 2000 - A Resolution
of the City Council of the City of Palm Beach Gardens, Florida, Providing for the Approval of a
Major Site Plan Amendment for Construction of 115 parking spaces and two covered parking areas
on a portion of Lot 10 of South Park Center A/K/A 4600 East Park Drive within the Northcorp
Planned Community District; providing for waivers; providing for conditions of approval; providing
for conflicts; and providing for an effective date. Hank Skokowski, agent for the petitioner, spoke
on behalf of the petitioner. Councilman Clark made a motion to approve Resolution 76, 2000. Vice
Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote.
CITY COUNCIL REGULAR MEETING, 10/5/2000 5
Resolution 86, 2000 - Initial Assessment Resolution for PGA Flyover. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida, relating to the Construction of Certain Local
Improvements within the Proposed PGA Flyover Assessment Area; Determining the Estimated
Capital Cost of the PGA Flyover Enhancements; Establishing the Terms and Conditions of the
Proposed Special Assessments, Establishing a Public Hearing to consider imposition of the Proposed
Assessments and the method of their collection; Directing the provision of Notice; and Providing
an effective date. Acting Interim City Manager Len Rubin. advised that staff had requested this item
be pulled from the agenda. Mayor Russo requested that Councilmember Sabatello follow up on this
item and that it be brought before the City Council.
ORDINANCES:
Ordinance 28, 2000 - Planner John Lindgren presented the project information for The Isles - Parcel
4.05, Ordinance 28, 2000 - An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida, Providing for the Approval of an Application from DiVosta and Company for a Planned
Unit Development by Approving the Construction of 379 Residential Units, a 5,300 square -foot
Town Center, a 1,600 square -foot Swimming Pool, 4 Tennis Courts, and a 400 square -foot
Maintenance Building Located at the Southeast Corner of Military Trail and Hood Road, as more
particularly described herein; Providing for Conditions of Approval; Providing for Waivers;
Providing for Severability; Providing for Conflicts; and Providing for an Effective Date. Rick
Greene, Vice President, DiVosta Company, presented a power point presentation. Ensuing
discussion included, among other items, drainage issues and littoral plantings. Conditions of
approval and waivers were discussed with the applicant, and changes were noted by staff to be
included on Second Reading. Councilman Clark made a motion to place Ordinance 28, 2000 on
First Reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous
4 -0 vote. The City Clerk read Ordinance 28, 2000 on First Reading by title only.
ITEMS FOR DISCUSSION:
WCI Parcel 4.03 / 4.06 - Nancy Graham presented the project known as Evergrene on behalf of the
petitioner and reviewed the master plan. Hank Skokowski noted that the three issues of this
presentation were flexibility of design standards, a Comprehensive Plan amendment issue, and
controlled access. Innovative housing styles and their relationships to the surrounding open space,
roadways, alleyways, etc. were described. Mr. Skokowski requested support for on- street parking,
alleyways, reduced setbacks, increased lot coverages, and unconventional housing styles. Mr.
Skokowski noted that the Comprehensive Plan included a thoroughfare that was in conflict with the
project design and requested an indication of whether the City would support an amendment to the
Comprehensive Plan amendment. Consideration of a plan to control access to the community was
requested to avoid potential problems of Dwyer high school students coming from across the street
to the lake area. Staff explained that this thoroughfare would not affect the CRALLS issue.
Petitioner was requested to revisit design of the parks, and to address bus stops and guest parking
setbacks. A different spelling of the name Evergrene was suggested. petitioner commented they
would be happy to pay for review by an outside consultant. The petitioner was complimented on the
design and other areas using this type of design were discussed.
ITEMS & REPORTS BY MAYOR AND COUNCIL - Vice Mayor Jablin requested support for
a petition the Northlake Neighborhood Coalition was preparing to present to the Governor opposing
the turnpike interchange on Northlake Boulevard. Mayor Russo requested this item be delayed until
Councilwoman Furtado was present, and stated she had left because she was sick. Joan Elias,
CITY COUNCIL REGULAR MEETING, 10/5/2000 6
representing the Coalition, requested support from the City Council. Consensus was to have the City
Attorney draw up a Resolution in support of the petition. Tom DeRita, Resource Group, advised
he would be happy to work on this issue. Mr. DeRita's charges and scope of contract were
discussed.
Ms. Elias thanked the City for the volunteer recognition party. Councilmember Sabatello requested
a list of issues be presented to the City Manager to be prioritized. Councilmember Sabatello
suggested the City support a teen center at the cinema location at Loehman's Plaza, and the
Recreation Director reported she was looking into this situation. Mayor Russo reported he had met
with Dr. Marlin, who had indicated that the Jupiter elementary school would be opened next year,
the middle school opened the following year, and that many schools within the City were getting
partial renovations; and had explained that capacity was figured without considering the portables.
Dr. Marlin had said the level of service within the City could not be increased, but expressed
concern about classroom size. Mr. Marlin had apologized for the alternative school situation and
lack of communication, but felt that school was good for this program. Mayor Russo reported Leo
Noble would be back before the City Council in November. Mayor Russo requested a list of
equipment for maintenance of the ballfields. Mayor Russo indicated decisions were needed
regarding how to recruit a permanent City Manager, and someone to help the City Council with
management of the City. Consensus was to hold on the study of the City that had been previously
authorized until after the new City Manager and Mr. Watterson had a chance to consult on this issue.
Councilmember Sabatello referred to a graphic of the flyover and suggested looking at proposed
traffic signal locations that did not improve traffic flow.
ADJOURNMENT There being no further�ess'to sc , upon motion by Councilman Clark,
seconded by Vice Mayor Jablin, carried Z e e g as adjourned at 11:30 p.m.
APPROVAL:
VI
RUSSO
JABLIN
C N PRO T M C SAB LLO
COUNCILMAN DAVID CLARK
COUNCILWOMAN LAUREN FURTADO
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