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
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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-
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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
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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
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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
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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
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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