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HomeMy WebLinkAboutMinutes Council 010600CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING JANUARY 6, 2000 The January 6, 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 Lauren Furtado, Councilman David Clark, Councilman Eric Jablin, and Councilman Carl Sabatello. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted- PRESENTATIONS Employee Service Awards A fifteen -year service award was awarded to Al Wesenick from the Police Department, and a ten -year service award was awarded to Shawn Reed from the Fire Department. 1999 Employee of the Year The 1999 Employee of the Year Award was presented to Commander Ernie Carr. CITY MANAGER REPORT Construction Manager Report Ray Casto, Construction Manager, provided an update on construction progress for the municipal complex. Mr. Casto reported the Seacoast Utility easement would be presented at the next City Council meeting, that phones were on schedule, and that an elevator inspection was scheduled to take place the next day. Mr. Casto announced that on January 18 the Police Department radio equipment would be switched to the new building and on the 19`h the City Manager's office would be moved. On the 19`h, personnel from the annex building would be moved. Mr. Casto recommended painting the railings on the new building with which the City Council concurred. Mr. Casto reported the City Council chambers would be ready the end of February. The City Clerk announced that a location in NorthCorp had been secured for meetings to be held until the new facilities were ready. Mr. Casto reported on the cost of materials to hang art, represented by Change CITY COUNCIL SPECIAL REGULAR MEETING, 1/6/2000 2 Order No. 3. Councilman Jablin reported the Art Advisory Committee was working on a plan to hang art in the new Council Chambers. Councilman Clark made a motion to approve Change Order No. 3. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Census 2000 Update Principal Planner Kim Glas Castro reported a census form would be mailed to all residences. Public Information Report Public Information Officer Beth Ingold Love reviewed highlights of the public information report provided in the packets, and reported Seabreeze Publications would be printing the City's newsletter; however, it had not yet been decided whether advertising would be included. Mayor Russo reported he had been approached by representatives of a new local television station who planned to include in their programming a weekly broadcast of presentations by local communities. Mayor Russo directed a letter be sent to Adelphia Cable Company to request that this television station be included on the cable system. The Public Information Officer announced a new weekly publication which would be received in Palm Beach Gardens on February 2. Vice Mayor Furtado suggested a section of pavers in the new courtyard with names of neighborhood associations. Growth Management Report Growth Management Director Roxanne Manning provided updates on transportation and signage. Principal Planner Kim Glas Castro reported possible options for funding the PGA Flyover project, which were discussed. AWARDING OF BIDS Awarding of Bid for Solid Waste, Recycling & Vegetative Waste Collection Services Sod for Lake Catherine Park Councilman Clark made a motion to approve the staff recommendation to award the Solid Waste, Recycling, and Vegetative Waste Collection Services Contract and Franchise to Waste Management in the amount of $1,581,448.00. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Councilman Clark made a motion to approve the staff recommendation to piggyback off Palm Beach County Bid #99- CITY COUNCIL SPECIAL REGULAR MEETING, 1/6/2000 3 VMG (Sod, Furnish, and Installation) with Odum's Sod, Inc., to furnish and install 181,818 square feet of Floratam sod at a cost of $36,000.00. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Councilman Sabatello suggested addition of a pedestrian walkway at the fire station on Burns Road. COMMENTS FROM THE PUBLIC Kenneth Blair was present representing Catalfumo. The Mayor reported Kenneth Blair and Mr. Catalfumo had requested informal discussions of the site plan for a very large project before presenting the project for review. Growth Management Director Roxanne Manning explained the City's position on informational workshops, and that a policy decision was needed on this issue. CONSENT AGENDA Councilman Clark moved approval of the Consent Agenda. Councilman Jablin seconded the motion. The following items were approved on the Consent Agenda: PUBLIC HEARINGS Ordinance 46, 1999 1. Approval of Minutes of 12/16/99 City Council Regular Meeting. 2. Resolution 153, 1999 - Consideration of Approval of the NorthMil Plaza Plat. 3. Resolution 2, 2000 - Consideration of Approval of Entry Feature for BallenIsles Parcel 6A. 4. Resolution 3, 2000 - Consideration of Approval of Entry Feature for Ballenlsles Parcel 24. Mayor Russo declared the public hearing open, held on the intent of Ordinance 46, 1999 - Providing for Approval of a Conditional Use for the Expansion of a Church and School, including the Construction of a New Fellowship Hall, A future Sanctuary, and the Expansion of the Educational and Administrative Facilities (Nativity Lutheran), duly advertised 12/22/99, for consideration of Second Reading and Adoption. Staff comments were made. Ed Oliver spoke on behalf of the petitioner. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark moved that Ordinance 46, 1999 be placed on Second Reading by title only and approved. Vice CITY COUNCIL SPECIAL REGULAR MEETING, 1/6/2000 4 Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 46, 1999 on Second Reading by title only. RESOLUTION Resolution 140, 1999 There was a consensus of the City Council to place Resolution 140,1999 on the January 20,2000 meeting consent agenda to allow staff time to add a condition re: agreed landscaping improvements. Ordinance 48, 1999 Mayor Russo declared the public hearing open, held on the intent of Ordinance 48, 1999 - Providing for Voluntary Annexation to the City of an Area of 3.21 Acres of Real Property Known As Parcel 29.06; Providing for Continuity of Existing Palm Beach County Land Use Regulations for Such Area Pending Revision of the City Comprehensive Plan and Adoption of Rezoning for Such Area, duly advertised 12/22/99, for consideration of Second Reading and Adoption. Staff comments were made. The President of Country Oaks condominium association expressed concern on behalf of the association regarding a golf maintenance facility being placed on the property so close to their living quarters. Mayor Russo explained that tonight's action would not change the zoning, which would have to be done before a golf maintenance facility could be constructed. Dave Watson questioned the annexation process, which was explained by Principal Planner Kim Glas Castro. Martha Callaway, 3747 Island Road, Cabana Colony, commented the pool had been closed, and there were no parks, and the community did not need a golf maintenance facility instead of a park. Hearing no further comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark moved that Ordinance 48, 1999 be placed on Second Reading by title only and approved. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 48, 1999 on Second Reading by title only. Ordinance 49, 1999 Mayor Russo declared the public hearing open, held on the intent of Ordinance 49, 1999 - Providing for an Amendment to the City's Comprehensive Plan by Changing the Land Use Designation on 3.21 Acres of Land From Palm Beach County Medium Residential (MR5) to City of Palm Beach Gardens Residential Low (RL), duly advertised 12/22/99, for consideration of Second Reading and Adoption. Hearing no CITY COUNCIL SPECIAL REGULAR MEETING, 1/6/2000 5 comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark moved that Ordinance 49, 1999 be placed on Second Reading by title only and approved. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 49, 1999 on Second Reading by title only. Ordinance 51, 1999 Mayor Russo declared the public hearing open, held on the intent of Ordinance 51, 1999 - Providing for Amendment to Ordinance 34, 1999 to Allow for an Extension of a Date Certain Condition of Approval Relating to the Calculation of Parking Requirements from 1/2/00 to 4/1/00 at the Site Known as Christ Fellowship, duly advertised 12/22/99, for consideration of Second Reading and Adoption. Staff comments included discussion of traffic control provided by off -duty Police. The noise issue was discussed. Attorney Alan Ciklin made comments on behalf of the petitioner. Concern was expressed by City Council members regarding actions by the church in violation of City Codes. Councilman Sabatello recommended that a plan for the future be established. Resident Joan Altwater expressed concern regarding the difficulty of seeing the police officers directing traffic in the dark, suggested the church add services to be held during daylight hours; and questioned why the use of the intended adult facility had been changed to a youth facility. Councilman Jablin made it clear that he would be the first to report any future shuttles between the two campuses. Councilman Clark moved that the Public Hearing be continued to the next City Council meeting and that during that time the petitioner would meet with staff to come up with a proposal that would work for the petitioner and for the City. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 52, 1999 Mayor Russo declared the public hearing open, held on the intent of Ordinance 52, 1999 - Approving an Application by City Staff for Rezoning of 2.95 -acres of Land, Located on the South Side of PGA Boulevard just East of BallenIsles Drive and more Particularly Described Herein, to a Planned Unit Development (PUD) - Commercial, and Approving the Uses Permitted the Neighborhood Commercial (CN) Zoning District, in Addition to the Uses of "Office, Professional and Business" and "Office, Dental or Medical ", duly advertised 12/22/99, for consideration of Second Reading and Adoption. Staff requested continuation to the next meeting. Hearing no comments from the public, Councilman Clark CITY COUNCIL SPECIAL REGULAR MEETING, 1/6/2000 0 moved that the Public Hearing for Ordinance 52 be continued to the January 20, 2000 City Council meeting. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 53, 1999 Following comments by staff and by the petitioner, Mayor Russo declared the public hearing open, held on the intent of Ordinance 53, 1999 - Providing for Approval of the Application of BellSouth for Rezoning of 1.56 Acres of Land from Planned Development Area (PDA) to Planned Unit Development (PUD) in Order to Expand a Telephone Utility Switching Station, Providing for Waivers, duly advertised 12/22/99, for consideration of Second Reading and Adoption. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark moved that Ordinance 53, 1999 be placed on Second Reading by title only and approved. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 53, 1999 on Second Reading by title only. Ordinance 54, 1999 Mayor Russo declared the public hearing open, held on the intent of Ordinance 54, 1999 - Providing for an Abandonment of the City's Interest in a Viewed and Posted Road Right -of -Way Located East of Prosperity Farms Road and South of Burns Road Within the Village of North Palm Beach, duly advertised 12/22/99, for consideration of Second Reading and Adoption. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark moved that Ordinance 54, 1999 be placed on Second Reading by title only and approved. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 54, 1999 on Second Reading by title only. Resolution 1, 2000 Staff introduced the request, which was then presented by the petitioner. Mayor Russo declared the public hearing open, held on the intent of Resolution 1, 2000 - Consideration of Approval of a Sign Variance at 10358 and 10384 Riverside Drive, from the requirements of Section 110 -36(c) of the City Code, Ground Signs, duly advertised 12/22/99. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. Staff recommended denial. Following discussion two conditions of approval were recommended: That (1) if the road configuration changed so that the edge of pavement shifted then the sign would be relocated in accordance with Code; and (2) no additional building signage shall be permitted. The petitioner received CITY COUNCIL SPECIAL REGULAR MEETING, 1/6/2000 7 clarification that the second condition would not apply if the road was widened, leaving open the option for the signage to be moved to the building. Consensus of the City Council was to place Resolution 1, 2000 on the next Consent Agenda with the conditions of approval included. RESOLUTIONS Resolution 4, 2000 Councilman Clark moved approval of Resolution 4, 2000 - Consideration of Approval of an Appointment to the Board of Trustees Firefighters' Pension Trust Fund with the name Dr.. Philip Buttaravoli inserted into the blank in Section One. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Resolution 5, 2000 Mayor Russo announced that Resolution 5, 2000 would be presented at the next meeting. ORDINANCES Ordinance 40, 1999 Principal Planner Steve Cramer reviewed Ordinance 40, 1999 - Providing for Amendment to the City Code of Ordinances re: Landscaping and Vegetation Protection. Councilman Clark moved that Ordinance 40, 1999 be placed on First Reading by Title Only. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 40, 1999 on First Reading by Title Only. Ordinance 1, 2000 Staff presented Ordinance 1, 2000 - Providing for Approval of a Franchise for Solid Waste, Recycling, and Vegetation Waste Collection Services. Councilman Clark moved that Ordinance 40, 1999 be placed on First Reading by Title Only. Vice Mayor Furtado seconded the motion, which carried by unanimous 4 -0 vote with Councilman Sabatello out of the room. The City Clerk read Ordinance 1, 2000 on First Reading by Title Only. ITEMS FOR DISCUSSION Burns Road Widening Holly Drive Drainage City Engineer Lindahl explained Burns Road was now at capacity, and discussed available options, as well as increasing the capacity of the roadway. The City Council requested that cost estimates be developed for addition of a third lane at the I -95 underpass as well as for the five -lane option, so that developers could be approached regarding funding. The City Council directed that the report regarding cost estimates be presented at the next regular meeting. CITY COUNCIL SPECIAL REGULAR MEETING, 1/6/2000 Improvement Cost Sharing City Engineer Lindahl reported BallenIsles had agreed to provide $111,000 to the City; and St. Ignatius was still working on easement issues. The City Engineer recommended proceeding with the design for the project as quickly as possible on the assumption that the church would provide their share of the cost; however, if they did not, downsizing would not require permitting adjustments. Mr. Lindahl explained that there were opportunities to piggyback on other government contracts in order to get into the construction phase quickly. Canal Update The City Engineer reported that the use of public rights -of -way was still an issue and that South Florida Water Management District had scheduled a meeting to include the City and the attorney for the residents to discuss the issues. CITY ATTORNEY REPORT City Attorney Post reported Federal Judge Graham had signed a joint motion on behalf of the City and the NAACP dismissing the City's last consent decree. ITEMS & REPORTS BY MAYOR AND CITY COUNCIL Vice Mayor Furtado The Vice Mayor expressed disappointment that none of the Northern Palm Beach County cities were involved in the Professional Artists program. Councilman Sabatello Councilman Sabatello recommended new titles for the members of the Council. Mayor Russo suggested that could be considered during review of the Charter. Councilman Jablin Councilman Jablin reported Bill Beville was very ill. The Vice Mayor reported that former Council member Linda Monroe's husband was also very ill. CITY COUNCIL SPECIAL REGULAR MEETING, 1/6/2000 g ADJOURNMENT There being no further business to discuss, Vice Mayor Furtado made a motion, seconded by Councilman Clark, and carried 5 -0, to adjourn the meeting at 11:30 p.m. APPROVAL: VI MAYOPJ,A -t N FURTADO 1 1 ,. , .. COUNCILMAN CARL SABATELLO ATTEST: LI AIK. SIER, CMC, "CITYCLERK