HomeMy WebLinkAboutMinutes Council 113000CITY OF PALM BEACH GARDENS
CITY COUNCIL
SPECIAL REGULAR MEETING
November 30, 2000
The November 30, 2000, Special 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 Recording Secretary 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 Lauren Furtado. Councilmember Carl Sabatello arrived later.
PRESENTATIONS:
Drainage Report for Unit 2A - Pete Pimental, Director of Northern Palm Beach Improvement
District, presented a report on drainage in Unit 2A. The 6 -mile unit had been divided into three areas
that were further divided into sub - basins. Mr. Pimental explained that the District's plan was to
establish basic structure and the parameters for the unit so that additional requirements could be met
as developments came in for approval, and that Northern Palm Beach Improvement District was
meeting with South Florida Water Management District to convince them of the merits of this
concept, and were optimistic that they would issue a permit. Mr. Pimental pointed out that berms
were needed along the western side of Military Trail and the western side of Central Boulevard
through City preserve land; and that the plan included the land for the City Park. If a SFWMD
permit could be obtained by February, Mr. Pimental estimated work could be completed within the
following 6 -8 months. Negative impacts to wetlands were to be addressed by mapping the wetlands
so that any damage could be identified on the map in order to make repairs. Councilwoman Furtado
requested an environmental study as a part of the drainage plan to assure the berming would not have
a negative impact, and Mr. Pimental agreed to provide a report. City Engineer Clark noted SFWMD
would decide how they wished to address regional issues, that the drainage within Unit 2 was critical
to protect Plat 4 from future flooding, and that the City needed to work with both Northern and
SFWMD. Councilmember Clark expressed concern that pine upland preserves might be damaged
by berming, and received assurance that this issue could be confirmed at this stage. Councilwoman
Furtado noted that the conceptual system should not pose problems for already developed projects,
and she did not want to see a band -aid approach applied to certain areas. It was explained that an
interlocal agreement between SFWMD, the City, and possibly Northern Palm Beach Improvement
District, was being explored, to assure that unknown issues would be dealt with at appropriate times.
Vice Mayor Jablin expressed his opinion that SFWMD would make sure Northern would do the
right thing and that he was confident that between the two this plan would be right. The City
Engineer requested policy direction regarding placement of the berms, and was asked to provide a
recommendation at an upcoming meeting.
Drainage Report - Unit 19 - Rick Olsen, CH2MH111, described the location of Unit 19 and its three
original drainage basins. Flooding events over the years and the improvements that had been made
to prevent future flooding were reviewed. The consulting firm had evaluated a drainage model and
whether proposed improvements would cause problems to areas outside the unit. Mr. Olsen reported
that sound engineering practices had been used and that the proposed plan would alleviate flooding.
Councilwoman Furtado questioned whether there was anything else that could be done rather than
CITY COUNCIL SPECIAL REGULAR MEETING, 11/30/2000
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berming to save the oak preserve and also allow the property to be developed. Mr. Olsen explained
that faster drainage could be accomplished with installation of an operable gate. The City Engineer
commented staff would review the report and respond within a week. Mr. Olsen reported the only
unresolved concern was within drainage basin 4 that was a land use and environmental problem
rather than an engineering problem. Discussion ensued regarding the plan to replace the static weir
with an operable gate to protect the oak preserve in a 100 -year storm, and Mr. Pimental confirmed
that the gate would be installed and used to effect faster drainage.
Prosperity Farms Road CRALLS - Mayor Russo explained that .Commissioner Marcus favored
moving forward with the CRALLS application even though whether it would actually be needed
would not be determined until the traffic forum was completed, because the process needed to start
in order not to miss the 2001 window. The earliest adoption date would be September 2001.
Principal Planner Steve Cramer explained that the County would request the CRALLS and wanted
the City not to object. Councilwoman Furtado suggested that as long as the County did not object
to the City's CRALLS request for PGA Boulevard that was to be considered next week, the City
should support the County's CRALLS request for Prosperity Farms Road, if the traffic forum
determined it was warranted. Mayor Russo reported that Commissioner Marcus had met with the
City's neighborhood associations and told the residents she supported the CRALLS designation; and
explained that the original lower numbers would be used. Mayor Russo reported that the residents
did not want to see PGA Boulevard become eight lanes, had expressed concern with placing
additional traffic on Northlake Boulevard, and was encouraged to attend the traffic forum. Staff
was directed to draft a letter in support of the Prosperity Farms Road CRALLS to Commissioner
Marcus for the Mayor's signature. Councilwoman Furtado reported the PGA Bridge would have
fewer openings per hour and an improved rush hour schedule that would facilitate the flow of traffic.
Mayor Russo reported a resident had indicated that improved landscaping had been promised for
MacArthur Boulevard, to which Councilwoman Furtado responded money from that project had to
be used to correct the serious Holly Drive drainage problems, which had been decided at a public
meeting. Mayor Russo requested that the residents be notified the landscape improvements would
be made as soon as money was available.
CITY MANAGER REPORT:
Mayor Russo expressed his opinion that reductions in spending were necessary this year to replenish
reserves. City Manager Ferris recommended reducing operating expenditures, possibly not filling
proposed new positions at this time, and reducing both engineering and capital expenditures by
determining which capital projects that could be delayed. Councilmember Sabatello arrived at this
point in the meeting. Mayor Russo reported Finance Director Olson would be presenting a plan
which the City would be able to obtain because of their excellent credit rating, to finance future
projects at 1% to 2% below the normal municipal bond interest rate, and to refinance the Municipal
Golf Course, which would save the taxpayers $150,000 annually.
Municipal Complex Change Orders - Councilman Sabatello reported he felt comfortable with the
amounts of the change orders for the work that had been performed, but there were some for which
he felt the City was not responsible. Councilwoman Furtado questioned a code required item on one
of the change orders; and also questioned whether some input from Department Heads prior to
construction had been ignored by the design team or the builder. Councilwoman Furtado requested
research to see if there had been any written input from the Department Heads. Councilman Clark
CITY COUNCIL SPECIAL REGULAR MEETING, 11/30/2000 3
moved approval of the change orders described in City Attorney Rubin's memoranda dated October
30, 2000 and November 2, 2000. Vice Mayor Jablin seconded the motion. It was clarified that
results of any research by the City Attorney would not change payments to Suffolk Construction.
Motion carried by unanimous 5 -0 vote. Mayor Russo reported the design group had expressed
surprise at the newspaper articles. Ray Casto reported the design group had been made aware of
everything and recalled pre - construction meetings with staff where staff had been told not to bring
some items to the City Council. Mayor Russo commented the bottom line was that the Municipal
Facility was a beautiful facility at a cost - effective rate to the taxpayers.
CONSENT AGENDA:
Councilman Clark moved approval of the Consent Agenda with the exception of Item 0) on the
original agenda, which had been pulled on the revised agenda. Vice Mayor Jablin seconded the
motion. The City Attorney noted that in Resolution 109, 2000, item (f), a minor change had been
made clarifying that the Art Advisory Task Force was to report to the City Council. Motion carried
by unanimous 5 -0 vote. The following items were approved on the Consent Agenda:
1. Consideration of approving Minutes from the October 11, 2000 Special City Council
Meeting.
2. Consideration of approving Minutes from the October 16, 2000 Special City Council
Meeting.
3. Consideration of approving Minutes from the October 19, 2000 Regular City Council
Meeting.
4. Consideration of approving Minutes from the November 1, 2000 City Council Workshop
Meeting.
5. Resolution 107, 2000 - Veridian Office Building Plat. Consideration of approving the
Viridian Office Building Plat.
6. Resolution 109, 2000 - Art Advisory Task Force. Consideration of Reactivating Municipal
Complex Art Advisory Task Force.
7. Resolution 110, 2000 - Consideration of authorizing an application for a Florida Department
of Transportation general use permit relating to the construction of sidewalk improvements
within the FDOT right -of -way adjacent to Oakbrook Square and authorizing execution of an
Indemnity Agreement with the owners of Oakbrook Square.
8. Resolution 111, 2000 - Statewide Mutual Aid Agreement. Consideration of approving the
Statewide Mutual Aid Agreement with the State of Florida.
9. Resolution 112, 2000 - Consideration of declaring Asset #9515, Rescue Chassis, a surplus
asset.
10. Resolution 115, 2000 - Golf Digest, Consideration of Approving the Golf Digest -Jog Road
(a.k.a. Mirasol -Plat One) Plat.
RESOLUTIONS:
Resolution 85, 2000 - Job Classification and Salary Plan. Consideration of adopting a Wage and
Compensation Plan for job classifications for the Personnel Program of the City of Palm Beach
Gardens. Staff answered questions from the City Council regarding the list of positions and salaries
presented. Councilman Clark moved approval of Resolution 85, 2000. Councilman Sabatello
seconded the motion, which carried by unanimous 4 -0 vote.
Resolution 91, 2000 - Fire /Police Station (Petition #SP- 00 -12). Consideration of approving an
CITY COUNCIL SPECIAL REGULAR MEETING, 11/30/2000 4
application from the City of Palm Beach Gardens for a site plan for an 8,620 square foot Fire/Police
Station that will include a 3.363 square foot Fire Station, a 3,448 square foot truck bay, an 1,809
square foot Police sub - station, and a future 4,500 square foot training facility in Phase 2, located at
the Northeast corner of Howell Lane and Northlake Boulevard; and providing for conditions of
approval. Principal Planner Steve Cramer announced that this item had been pulled.
Resolution 93, 2000 - City Center Linkages Plan. Consideration of approving the City Center
Linkages Plan to serve as one of several mitigation measures designed to alleviate the impacts of the
proposed and modified designation of Constrained Roadway at Lower Level of Service (CRALLS)
for PGA Boulevard. An old road that was no longer on the map was discussed. Principal Planner
Steve Cramer reviewed some of the important links on the plan, which he explained were critical
to reduce traffic on PGA Boulevard from Military Trail to Prosperity Farms Road. Mr. Cramer
answered questions from the City Council. The roads were to be built by the developers as they
developed their adjacent land, with the road impact fees to be allocated to credit their cost to build
those roads. Staff explained that a letter of credit would be surety provided to the County. Financing
by the developers was discussed. Mayor Russo requested information regarding the AIA issue by
the next meeting, and what happened if the letter of credit went away. The City Manager explained
that the funding issue was not linked to approval of the CRALLS. Vice Mayor Jablin reported what
had happened at the meeting he and Councilman Sabatello had held with the Plat 4 residents, and
proposed submittal of an alternate linkage for Koyoto Drive going across the grade crossing after this
plan had been submitted, and explained that it would be the County's decision whether to accept the
alternate plan. The Vice Mayor explained that the train whistles were also discussed, and reported
that quiet zones could be adopted in a rail corridor if certain contingencies across the rail crossings
were met, and requested that the City work with the proper authorities to establish quiet zones into
the four grade crossings along the FEC tracks, for which there were grants available. Discussion
ensued. It was the consensus of the City Council to proceed with steps to establish quiet zones.
Councilman Sabatello reported the meeting had been very good, that he and the Vice Mayor had
committed to exhaust efforts to see if there could be an alternate linkage for Koyoto Drive, which
would be the County's decision. Roger Blangy, Garden Woods resident, commented regarding the
meeting with the residents, suggested no railroad crossing would be needed if four lanes were
established on RCA Boulevard, and reported his conversations with the President of FEC Railway
regarding safety of the proposed crossing and correspondence with FDOT stating they would work
with the City. John Orosa, Garden Woods resident, expressed concern with moving the railroad
crossing to Koyoto and reported he had overlaid noise contours on an aerial photograph to illustrate
the increased impact of train whistle noise on the Garden Woods neighborhood, and expressed his
concern that more engineering should have been done on Koyoto Drive. Mayor Russo responded
that he understood Mr. Orosa's concern, that the roadways were conceptual, and that the City
Council would commit to establishment of quiet zones. Future double tracking of the railroad was
discussed. Vice Mayor Jablin recommended a task force to get the quiet zones established more
quickly. Sharon Long thanked the other residents who had worked on these issues and thanked the
Vice Mayor for his work on the noise issue, and questioned whether the railroad crossing might be
delayed if Parcel 5A was developed in stages. Discussion ensued regarding traffic trips and the order
in which properties could go forward. Attorney Larry Smith stated he was representing several
people, and requested addition of the word "generally" before the word "consistent" in Section 2 of
CITY COUNCIL SPECIAL REGULAR MEETING, 11/30/2000 5
the Resolution to make it clear this was a conceptual plan and that there was some flexibility. Mr.
Smith noted he would present language changes to the Comprehensive Plan at the December 5
meeting, to which Mayor Russo responded he must be assured the County approved any proposed
language changes. Mr. Smith requested a designation change for a specific roadway from secondary
to tertiary, which staff indicated they did not support. Jeff Stern, Hemlock Street, suggested moving
the railroad crossing south of PGA Boulevard. Councilman Clark made a motion to approve
Resolution 93, 2000 with addition of the word "generally" before the word "consistent" in the first
line of Section 2, and deleting Section 3 and renumbering Section 4 as Section 3. Vice Mayor Jablin
seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 104, 2000 - Construction of Equipment Shelter. Consideration of authorizing execution
of an agreement with Motorola, Inc. to build a structure to house radio receivers for Public Safety
radio communications at Seacoast Utilities. Police Commander Carr presented the proposal.
Councilman Clark moved approval of Resolution 104, 2000. Councilwoman Furtado seconded the
motion, which carried by unanimous 5 -0 vote.
Resolution 108, 2000 - Appointment to Fire Pension Board - Ken Altman. Staff requested
appointment for an additional two years. Councilman Clark moved approval of Resolution 108,
2000. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote.
ORDINANCES:
Ordinance 34, 2000 - Fire Pension. Consideration of amending Chapter 38, Fire Prevention and
Protection, Article 11, Fire Department, Division 2, Firefighters' Pension Trust Fund, of the Code of
Ordinances of the City of Palm Beach Gardens; amending Section 38 -51, definitions; amending
Section 38 -78. Supplemental Benefit; Chapter 175 Share Accounts. Finance Director Kent Olson
presented the proposal. Councilman Clark moved Ordinance 34, 2000 be placed on First Reading
by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The
Recording Secretary read Ordinance 34, 2000 on First Reading by title only.
ITEMS FOR DISCUSSION:
Joint Meeting with Planning Commission December 12, 2000 - Legacy Place - Mayor Russo
announced he probably would not be able to attend the December 12 meeting and expressed concern
that this development not become a strip center with big box retail but stay a specialty center as
originally proposed. Councilman Sabatello noted the petitioner must present any changes to the
City. Mayor Russo proposed that future preliminary project workshops be held with the City
Council attending the Planning & Zoning Commission meeting. Improving the big box concept was
discussed. It was clarified that the workshop would convene at 6:30 with the Planning & Zoning
Commission scheduled to begin at 7:00 or 7:30.
ITEMS & REPORTS BY MAYOR AND COUNCIL:
CITY COUNCIL SPECIAL REGULAR MEETING, 11/30/2000
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Councilwoman Furtado thanked the staff members who had been supportive during her recent family
situation. Mayor Russo reported the first recreation planning meeting had been held and he had
attended a meeting at the high school with residents of PGA, the fact that sound walls were no longer
being installed, and increased traffic on Northlake Boulevard, and the Mayor had invited them to
attend the traffic forum. Councilwoman Furtado expressed her opinion that sound walls might be
possible. Mayor Russo requested and received agreement from the City Council that the high school
could proceed at their own risk to make improvements to the City's ballfield before the ballfield
swap was completed.
CITY ATTORNEY REPORT:
City Attorney Rubin reported he had provided a memo to the Council members regarding
reimbursement of legal fees for Councilwoman Furtado and advised the members should call him
with any questions.
ADJOURNMENT: There being no further business to discuss, upon motion by Vice Mayor Jablin
seconded by Councilman Clark, car2-55-0, eting w adjo med at 10:30 p.m.
APPROVAL: ��M� k.' —RUSS0
ABLIN
PRO TEM CARL SABATELLO
/-a& 4, �a�
COUNCILMAN DAVID CLARK
COUNCILWOMAN LAUREN FURTADO
ATTEST:
CAROL GOLD =
CITY CLERK