HomeMy WebLinkAboutMinutes Council 071599it
• CITY OF PALM BEACH GARDENS
CITY COUNCIL
SPECIAL WORKSHOP MEETING
JULY 15, 1999
The July 15, 1999, Special Workshop Meeting of the City Council
of the City of Palm Beach Gardens, Florida, was called to order at
6:30 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 Lauren Furtado, Councilman Eric Jablin, Councilman David
Clark and Councilman Carl Sabatello.
PRESENTATIONS
Planning Discussion Nancy Graham, representative for WCI, commented they would
contribute $2500 toward the consultants' fee to develop the PGA
• Corridor, and explained that there was money available to take care
of all traffic plans and the City Council must decide what was
wanted. City Manager Herakovich explained that concepts had
been prepared by staff and stressed the importance of a theme for
the City. Developer Dan Catalfamo expressed willingness to work
with the City. Growth Management Director Roxanne Manning
discussed implementing the vision for the City by re- writing the
zoning code, creating a sense of identity for the City, and
teamwork. Four topics were slated for discussion: linkages,
gathering spaces, land uses, aesthetics. A City Center zoning
overlay was suggested. Consultant David Barth discussed linkages,
and explained that at the present time there were very few east -west
and north -south main roads; sidewalks that did not connect, bike
paths that were not marked, and roadways that did not connect.
Growth Management Director Manning commented that the
purpose of the overlay grid was to give a developer ability to
provide more ingress /egress into their development. Mayor Russo
announnced that this discussion would continue during the regulat
City Council meeting immediately following the adjournment of
this Special Workshop Session.
ADJOURNMENT At 7:00 P.M., a motion was made by Vice Mayor Furtado,
IS seconded by Councilman Clark and unanimously carried to adjourn
2
• the meeting.
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
JULY 15, 1999
The July 15, 1999, 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 Lauren Furtado, Councilman Eric Jablin, Councilman David
Clark and Councilman Carl Sabatello.
PRESENTATIONS
Planning Discussion Consultant David Barth continued the planning discussion from the
workshop meeting and presented concepts for linkages which had
been used in other cities. Mr. Barth commented that land uses were
impossible to separate from linkages and discussed the current
pattern. Building/street relationships were discussed. Different
types of urban gathering spaces were presented, as well as
examples of themes in cities were presented. The Growth
Management Director described a lack of certainty in the current
process. Principal Planner Kim Glas Castro presented a staff
suggestion to expand on the PGA Corridor overlay. Members of
the City Council recommended that focus be on linkages, feeling
that other items would fall into place The Vice Mayor commented
that the City would never have a central center such as those found
in older northern cities, and suggested a city center with linkages
provided from PGA Boulevard to smaller centers. Councilman
Clark recommended putting a plan into place for the future to
encourage evolution away from present conditions. The Mayor
agreed linkages were the answer, and questioned how to establish
linkages in closed communities. Planning and Zoning
Commission members who were present commented on the
• importance of parking availability, and expressed concern that a
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CITY COUNCIL REGULAR MEETING, 7/15/99
3
predetermined grid could limit development ideas. Discussion
ensued regarding whether Palm Beach Gardens had enough
thoroughfare roads, that people did not want 6 traffic lanes with
delays, and questioned where linkages would go. Suggestions
were made that instead of one city center zone there could be
several, and that a study regarding what the City could offer in
public gathering places could be done. It was pointed out that 50%
of the PGA corridor was not yet developed, but was on the verge of
being developed; and the question was posed as to whether the
City should now become proactive in establishing its character.
Other suggestions and comments were land use by density - that
focus should be on where to connect major parcels - that DOT
would dictate some of the roadway linkages; that the City should be
ready to work hand in hand with developers; that the visioning
process, the planning forum held several years ago, and the PGA
overlay had already been established as a basis for this suggested
overlay; that emphasis needed to be on pedestrian linkages; that
linkages should be specified for pedestrians but the City should not
design for the developers; that things should be included to
encourage gathering places along the way; and that the existing
character did not need to be changed. It was pointed out that the
dominant existing component was landscaping, and focus should be
on maintaining landscaping and creating linkages, and not limiting
creativity. Mr. Channing commented that the City should not
mandate forums, and should think in abstract terms of what
gathering places and linkages really were; and stated that P &Z was
prepared to insist on great architecture, planning, design, and
landscaping. The Mayor commented that Planning & Zoning had
done a great job, and without the MacArthur Foundation, Planning
& Zoning would be the first set of eyes in examining applications.
Nancy Graham commented that WCI wanted to provide linkages
from their developments to other sites, and had worked very closely
with Mr. DiVosta to develop a linkage plan from Donald Ross
Road down Military Trail to the mall. Mayor Russo questioned
how to achieve traffic concurrency and also better planning.
Commissioner Karen Marcus encouraged enhancing sections of
PGA Boulevard that were already developed by using pavers,
benches, and other items, and instead of building one tall building,
to build two shorter buildings with linkages. Commissioner
Marcus encouraged the City to look at the intersection at the mall
and the courthouse, and to consider walkways over the highway.
Commissioner Marcus stated that the County was willing to work
with the City to reduce traffic lanes and provide landscaped
CITE' COUNCEL REGULAR MEETING, 7/15/99 4
medians. Mayor Russo indicated that he would like to continue
working with the County to pool resources. Nancy Graham
commented there was an urgency to work on these issues, with
which Mayor Russo agreed. Mayor Russo expressed concern
regarding the concept of a public gathering site in the mall and felt
that creating a public gathering place in the middle of a group of
office buildings might not work well. It was suggested that the City
explore moving DMV while Mr. Catalfumo was still in the design
stage of his project. The need for a pedestrian link to the mall site
with the M28 site was noted. Councilman Sabatello commented
that it was important that large property owners present conceptuals
for planning sessions in order to fast track. Dan Catalfumo reported
developers' hands were tied by having to show the City separate
parcels, and that they needed to be able to present the whole
concept of everything in one master plan to show how traffic would
be affected. Commissioner Marcus commented that one project at
a time was the process everyone had agreed to; that the County still
had jurisdiction over roadways and needed to be consulted before
Northern on drainage, and that timing and taxing issues would need
to be considered. Commissioner Marcus indicated that as projects
• start coming through the process one by one, capacity would be
used up and that the County needed to know soon if the City
desired a change in the CRAWLS designation to increase trips,
because it was such a lengthy process. Mayor Russo commented
he did not want to change the designation without first seeing
offsetting benefits. Councilman Sabatello indicated he was in favor
of meeting traffic performance first and then following with good
planning to meet traffic problems. The Mayor suggested looking
at less traffic with a lower designation. Growth Management
Director Roxanne Manning commented staff was receiving good
direction on the large issues; to look at the issues, and direction to
work with the County and the engineers to try to bring this together
in some successful way. Principal Planner Kim Glas Castro
requested further exploration of developing a sense of identity in
the core area of the City Center by setting more specific guidelines
of what was expected from developers so that they would have
guidance, with flexibility to design their structures using materials
for the concept they were trying to promote, and that one means of
doing this was to develop a pattern book containing graphic, user -
friendly examples. Ms. Glas- Castro suggested that an item that
could be included in the pattern book of design guidelines was a
streetscape pattern with a common type of light post with matching
benches and trash receptacles which might be used in the core area.
CITY COUNCIL REGULAR MEETING, 7/15/99 5
• Use of similar signage styles was suggested as another way to
create a sense of identity in certain areas. Similar landscaping
throughout the core area and other areas of the City could be used,
and other areas might utilize different styles of street furniture
and/or signage to establish a different feel. Consensus was to
proceed with development of this concept of design for the overlay
and to include the major landowner in the process. Mayor Russo
requested frequent workshops with the landowner, staff, and a City
Council representative in order to move forward quickly. Growth
Management Director Manning expressed her opinion that the
overlay could be included in the zoning revisions, and agreed that
a schedule for workshops could be ready at the next City Council
meeting. Mayor Russo requested that a designated time for
petitions be placed on future agendas. Councilmember Sabatello
volunteered to be the City Council representative for the workshop
meetings.
The Regular Meeting was reconvened following a short break.
ANNOUNCEMENTS Mayor Russo stated the announcements were as posted.
is CITY MANAGER REPORT The City Manager announced that driveways were being poured
and swales were being replaced in Garden Woods; and that in doing
restorations it had been discovered that there could be an
opportunity to seek additional flood mitigation for which staff was
currently researching costs; that telephone problems experienced
during the past week had been corrected; that Freedom House had
been cited with two notices of violation; and that recent awards
received by a police officer and paramedics would be recognized at
the next City Council meeting.
PRESENTATIONS
Dr. Patricia Bidol -Padua Dr. Bidol -Padua explained she would like to meet individually with
members of the City Council and senior staff to determine what
was needed to increase productivity and morale of elected officials
and staff working together. Dr. Bidol -Padua commented that she
was an organizational development consultant and also facilitated
and mediated complex issues; and described her recent successful
efforts with the Palm Beach County Equestrian Task Force
Economic Summit. Dr. Bidol -Padua explained that she was highly
skilled, knew how to customize, and that her goal would be to
improve the situation within the City, however, would not know
• how to do that until she had met with the City Council and senior
CITY COUNCIL REGULAR MEETING, 7/15/99 6
• staff individually, after which she would provide a report of
options. Councilman Sabatello expressed his opinion that the first
two steps to be accomplished would be to assess the relationship
between the City Manager and Department Meads in order to
institute improvements, after which the relationship between the
City Manager and the City Council should be assessed. Dr. Bidol-
Padva advised that the diagnostic process would take approximately
two to two and one -half days, and that her price for the City was
well below her normal fee. Council members expressed opinions
which included the desire not to go on a fishing expedition, that it
was very important to establish goals, that the City Council worked
well together but at times there was some negativity, that the
diagnostic process was important, and that the scope of the study
should not be too broad. Dr. Bidol - Padva advised that trends would
be made public but specific information would be kept confidential,
and stressed that honesty on the part of those being interviewed was
imperative and that clear goals that could be followed must be
established. Direction to the City Manager was to move forward.
COMMENTS FROM THE
PUBLIC
Siro DeGasperis Mr. DeGasperis, President of PGA National Property Owners,
described an unsigned, undated letter which had been received by
PGA National residents related to the Golf Digest petition and
concerns that were made public by some of the residents at the June
22, 1999 Planning & Zoning Commission meeting. Mr.
DeGasperis advised that attempts were being made to find out who
had been the author of the letter so that he could respond to it
properly and reported that so far things had been going well in
working with the City regarding issues concerning Golf Digest.
CONSENT AGENDA Vice Chair Furtado moved approval of the Consent Agenda. The
motion was seconded by Councilman Clark, which carried by
unanimous 5 -0 vote. The following items were approved on the
Consent Agenda:
1. Approval of Minutes of City Council 7/1/99 Regular City
Council Meeting.
2. Approval of Minutes of City Council 7 /8/99 Workshop City
Council Meeting.
3. Resolution 73, 1999 - Consideration of Approval of Plat for
• Parcel 6A of BallenIsles.
4. Resolution 74, 1999 - Consideration of Approval of Plat for
CITY COUNCIL REGULAR MEETING, 7/15/99 7
• Parcel 24 of Ballenisles.
5. Resolution 89, 1999 - Consideration of Approval of Support
of Little Acorns Children and Family Programs.
5. Resolution 90, 1999 - Consideration of Approval to Ratify the
Collective Bargaining Agreement with the Police Benevolent
Association for Officers, Sergeants, and Communications
Operators Unit.
PUBLIC HEARINGS
Proposed Change to
Regional DRI Mayor Russo declared the public hearing open, duly advertised
6/2/99, postponed from Regular Meeting of 6/17/99, and held on
the intent of the Notice of Proposed Change for the Regional Center
DRI (Use Conversion). There were no comments from the public.
Councilman Jablin made a motion to continue the Notice of
Proposed Change for the Regional Center DRI (Use Conversion) to
the August 5, 1999 Regular City Council meeting. Councilman
Clark seconded the motion. Motion carried by unanimous 5 -0 vote.
. Resolution 72, 1999 Mayor Russo declared the public hearing open, duly advertised
6/7/99, postponed from the Regular Meeting of 6/17/99, continued
to 7/15/99 Regular Meeting of the City Council, and held on the
intent of Resolution 72, 1999 - Consideration of Approval of a Sign
Variance for Gardens Park Plaza. A representative from Urban
Design Studio spoke on behalf of the petitioner requesting a sign
variance for five existing ground signs so that they would be in
conformity. Staff recommended approval of the variance. Patrick
Koenig, Manager of the shopping center provided a history of the
existing signage and expressed his opinion that petitioner had
cooperated with the City in the past. City Council members
expressed their opinion this was a pollution issue. The City
Attorney provided legal advice.
Councilman Jablin made a motion to continue the Public Hearing
for Resolution 72, 1999. Councilman Clark seconded the motion.
Motion carried by unanimous 5 -0 vote.
Councilman Jablin made a motion to reconsider the motion to
continue the Public Hearing for Resolution 72, 1999. Councilman
Clark seconded the motion. Motion carried by unanimous 5 -0 vote.
• Councilman Clark made a motion to continue the Public Hearing
CITY COUNCIL REGULAR MEETING, 7/15/99 S
for Resolution 72, 1999 to the August 19, 1999 Regular City
Council meeting. Councilman Jablin seconded the motion. Motion
carried by unanimous 5 -0 vote.
Ordinance 22, 1999 Staff presented the petition. Mayor Russo declared the public
hearing open, duly advertised 7/1/99, and held on the intent of
Ordinance 22, 1999 - Providing for Approval of an Amendment to
the City's Code of Ordinances re: Automobile Dealerships, for
Consideration of Second Reading and Adoption. Hearing no
comments from the public, Mayor Russo declared the public
hearing closed.
Councilman Clark made a motion to approve Ordinance 22, 1999
upon Second Reading by title only. Vice Mayor Furtado seconded
the motion. Motion carried by unanimous 5 -0 vote. The City Clerk
read Ordinance 22, 1999 by title only on Second Reading.
Ordinance 23, 1999 Mayor Russo declared the public hearing open, duly advertised
7/1/99, and held on the intent of Ordinance 23, 1999 - Providing for
Approval of an Amendment to Ordinance 20, 1997, to Provide for
• Minor Changes in the Elevations and Floor Plan of Building A, B,
abd C in the Christ Fellowship Church Planned Unit Development;
Providing for Conditions of Approval, for Consideration of Second
Reading and Adoption. Staff presented the petition. Comments
were made by the Petitioner's attorney, Alan Ciklin. Hearing no
comments from the public, Mayor Russo declared the public
hearing closed.
Councilman Clark made a motion to approve Ordinance 23, 1999
upon Second Reading by title only. Councilman Jablin seconded
the motion. Motion carried by unanimous 5 -0 vote. The City Clerk
read Ordinance 23, 1999 by title only on Second Reading.
RESOLUTIONS
Resolution 87, 1999 Staff presented Resolution 87, 1999 - Consideration of Approval of
Concurrent Processing for PGA National DRI Notice of Proposed
Change Application, an Amendment to the Planned Community
District and Amendment to Site Plan within a PCD.
Councilman Clark made a motion to approve Resolution 87, 1999.
Councilman Jablin seconded the motion. Motion carried by
unanimous 5 -0 vote
CITY COUNCIL REGULAR MEETING, 7/15/99 9
• ORDINANCES
Ordinance 30, 1999 Staff presented Ordinance 30, 1999 - Providing for Amendment to
the Code of Ordinances by Amending Section 78 -2, Section 114 -4,
Section 114 -9, Section 114 -36, Section 114 -42 and Section 114 -43
(Subdivisions).
Councilman Clark made a motion to place Ordinance 30, 1999 on
First Reading by title only. Councilman Jablin seconded the
motion. Motion carried by unanimous 5 -0 vote. The City Clerk
read Ordinance 30, 1999 by title only on First Reading.
Ordinance 31, 1999 Staff presented Ordinance 31, 1999 - Providing for Amendment to
the Code of Ordinances by Amending Section 118 -38, Section 118-
39, Section 118 -42, Section 118 -43, Section 118 -45, Section 118-
47, Section 118 -48, Section 118 -50, Section 118 -213, Section 118-
214, and Section 118 -473 (Development Review).
Councilman Clark made a motion to place Ordinance 31, 1999 on
First Reading by title only. Councilman Jablin seconded the
motion. Motion carried by unanimous 5 -0 vote. The City Clerk
read Ordinance 31, 1999 by title only on First Reading.
Ordinance 32, 1999 Staff presented Ordinance 32, 1999 - Providing for Annexation of
.22 Acres of Land Located on the South Side of Idlewild Road, 1/4
Mile East of Prosperity Farms Road. Staff commented that this
parcel was known as Marina Gardens or Soverel North.
Councilman Clark made a motion to place Ordinance 32, 1999 on
First Reading by title only. Councilman Jablin seconded the
motion. Motion carried by unanimous 5 -0 vote. The City Clerk
read Ordinance 32, 1999 by title only on First Reading.
Ordinance 34, 1999 Staff presented Ordinance 34, 1999 - Providing for Amendment to
Ordinance 30, 1990, which Approved a Conditional Use to Allow
an Increase in the Maximum Occupancy at the Site known as
"Christ Fellowship" and Amendment to the Approved use of the
Residence Building to a Youth Center. Alan Ciklin, Attorney for
the petitioner, provided the history for this request and expressed
the petitioner's agreement with conditions of approval. Concern
was expressed by City Council that concurrent use of the new and
old facilities could occur. Attorney Ciklin explained that the City's
parking requirement would be exceeded, commented on traffic
• issues, and stated all City Code requirements had been met. The
CITY COUNCIL, REGULAR MEETING, 7/15/99 10
• septic tank issue was discussed and the City Engineer explained
that this issue had not yet been resolved and would be worked out.
Attorney Ciklin stated petitioner would work with staff to come up
with an acceptable condition to assure adequate sewer capacity.
Mayor Russo requested information as to when petitions with
health and safety or other issues were or were not moved forward.
Vice Mayor Furtado made a motion to place Ordinance 34, 1999 on
First Reading by title only. Councilman Clark seconded the motion.
Motion carried by 4 -1 vote, with Councilman Jablin opposed. The
City Clerk read Ordinance 34, 1999 by title only on First Reading.
ITEMS & REPORTS BY
MAYOR AND COUNCIL
Issues & Priorities The City Attorney advised that everything possible was being done
to obtain receipt of the Surety Bond from WCI, and that the bond
was expected to be received the next day. It was the consensus of
the City Council that if the Surety Bond was not received within the
next three weeks then the moritorium should be extended. The City
Engineer explained there were ongoing applications which had been
caught in the moritorium process and halted, which were not a part
of the WCI process; and that the WCI applications had been listed
in the forbearance agreement in the order that they were to be
processed. Mr. Lindahl explained that the some of the applications
not associated with WCI should be processed first, which the
County did not seem to understand. Discussion ensued. The City
Council agreed that the scheduling of applications as listed by staff
was appropriate.
Mayor Russo commented he was very concerned about relaxing the
traffic standards and getting more traffic as opposed to relaxing the
standards and getting less traffic, and stated the City Engineer
would have to be relied upon regarding this issue. The City
Engineer explained that it did not make sense to impose extreme
limitations when there were other answers, and that there were
conferences recognizing this which would be working on solutions
in the near future, and that the Intergovernmental Coordinating
Council could also work on these types of issues.
In reference to the Issues and Priorities report from the City
Manager, Councilman Sabatello stated a report date was needed for
item 9, and questioned Item 11, to which the City Manager
responded the June 28 date shown should have been July 18.
CITY COUNCIL REGULAR MEETING, 7/15/99 11
Councilman Sabatello questioned whether the language used in the
RFP listed in Item 12 had been changed, to which the City
Manager responded that the language had been changed to make it
better and that the City Attorney's office had provided input.
Vice Mayor Furtado stated at the last meeting she had requested
privatization be added to the Issues and Priorities List, to which the
City Manager responded that would be added. The Vice Mayor
also requested looking into getting a different grant writer for the
City.
The City Attorney reported that the possibility of establishing a
foundation had been researched and a final report had been issued.
Mayor Russo requested addition of either a foundation or fund-
raising to the Issues and Priorities list. Vice Mayor Furtado asked
that Principal Planner Steve Cramer be requested to obtain a copy
of the Boca Tree Assessment, which could provide a revenue
stream.
BUDGET HEARINGS The dates of September 16 and September 30 were established for
budget hearings. The Vice Mayor requested the that the fee
structure for the City Engineer's services be provided before the
budget hearings, and also requested discussion regarding some
budget items before the budget hearings. August 25 was announced
as the Town Meeting for residents and September 7 as the
Neighborhood Task Force meeting. Mayor Russo requested a
presentation regarding utility taxes, as a possible source of revenue.
CITY ATTORNEY REPORT City Attorney Post reported on the Vavrus litigation, stating that as
of her last report the City had been successful in their Code
Enforcement action and Circuit Court action against Mr. Vavrus.
Shortly after that Mr. Vavrus' attorneys had met with the City
Attorney, City staff, and Vaysus ranch management personnel to
seek settlement. A plan of how to move forward was formulated;
however, Mr. Vavrus had not followed through on any of the items
outlined and several days later had filed multiple appeals with the
Florida District Court of Appeals as to the Code Enforcement
action and Circuit Court ruling. The City Attorney advised that the
injunctions to prevent further clearing remained in place.
. Councilman Sabatello asked what could be done regarding
Freedom House, to which the City Attorney responded a Code
CITY COUNCIL REGULAR MEETING, 7/15/99 12
Enforcement action had been filed for illegal use of a commercial
operation in a residential district. In response to concerns regarding
rumors of an ACLF on Holly Drive, the City Manager explained
that the City had received no application for an ACLF on Holly
Drive, and that ACLFs were allowed in residential neighborhoods
and obtained licensing from the State and came to the City only for
site plan issues. The City Manager explained that Freedom House
was not an ACLF and described the purpose of an ACLF. The City
Manager explained that the City would need to check to see if the
State had issued a license, and that any site improvements were the
responsibility of the owner and not the taxpayers. Mr. Rose, 4401
Holly Drive, expressed concern regarding the rumor of an ACLF on
Holly Drive, and questioned another type of home regarding which
the City Attorney stated she would provide a report to the City
Council. Mayor Russo requested if the City received information
that there was in fact an ACLF on Holly Drive that Mr. Rose be
notified. The City Attorney reported that Code Enforcement had
allowed Freedom House until September 30 to come into
compliance.
Mayor Russo asked for information regarding when applications
could move forward and could not move forward, and indicated he
did not want any applicant treated differently than any other.
Councilman Sabatello commented that he was comfortable moving
an application forward that had complicated drainage issues so long
as the last sign-off was the City Engineer. The City Manager stated
staff would prepare a report on all the issues for City Council.
CITY COUNCIL REGULAR MEETING, 7/15/99 13
• ADJOURNMENT There being no further business to discuss, upon motion by
Councilman Jablin, seconded by Councilman Clark, carried 5 -0, the
meeting was adjourned at 11:30 p.m.
APPROVAL:
J u ZRRUSSO
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VICE MAC?? LA-UREN 3'URtADO
CHA PRq( TEMERIC JABLIN
UNCILMAN D CLARK
COUNCILMAN CARL SABATELLO
ATTEST:
A KOSIER, CIVIC, CITY CLERK