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CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
DECEMBER 16, 1999
The December 16, 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,
Councilman David Clark, and Councilman Eric Jablin. Vice Mayor
Lauren Furtado and Councilman Carl Sabatello were absent.
ANNOUNCEMENTS Mayor Russo stated the announcements were as posted. The Mayor
welcomed the new City Manager, Nabar Martinez, and the Scouts
and government students in attendance.
PRESENTATIONS
Teamwork Awards Teamwork Awards were presented to Stacy Clayton, Beth Ingold
Love, Ed Morejon, Jules Bolton, Steve Medford, Keith Bryer,
Mike Morehead, Evan Bestland, and Holly Luzader.
Employee Service Award
Fire Department
Bargaining Team Recognition
CITY MANAGER REPORT
An Employee Service Award was presented to Kathy Specker.
Members of the Fire Department Bargaining Team were recognized
for their outstanding work in instituting a new bargaining process.
Awards were presented to Human Resources Analyst Jenny Steidl,
Fire Medic Jules Bolton, Commander C. R. Brown, Fire Inspector
Keith Brier, Firefighter Paul Hodges, Engineer Pat Licata, Engineer
Lance Logan, Engineer Steve Medford, Engineer Ed Morejon,
Deputy Chief Jerry Catoe, and Assistant Chief Scott Fetterman.
Construction Manager Report Ray Casto, Construction Manager, provided an update on
construction progress for the municipal complex, reviewed
requested change orders, and addition and deletion of funds.
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City Council Regular Meeting, 12/16/99
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Councilman Clark made a motion to approve Change Orders 82, 93,
105, 106, 109, 111, 112, 118, 114, 127, 128, 130, 131, 132, 133,
134, 136, 138, 142, 144, and 146; and deletion of the monies in
Change Order 10 with the exception of $4,172 as referenced by the
Construction Manager. Councilman Jablin seconded the motion,
which carried by unanimous 3 -0 vote.
Census 2000 Update Principal Planner Kim Glas Castro provided an update on Census
2000.
District Park - Parks &
Recreation Director Parks & Recreation Director Sue Miller presented a conceptual plan
for the District Park, to be presented to participating municipalities
at an upcoming meeting to be called by Commissioner Karen
Marcus. Ms. Miller reported that a recent meeting had been
attended by Jupiter and Palm Beach Gardens. The possibility of
including an ice skating rink and a roller hockey rink were discussed.
PGA Flyover - Cost
Estimates Mary Conway, Department of Transportation Growth Management,
provided an overview of the presentation. Project Manager Lee
Moore explained that the numbers had been formulated without any
engineering and figures had been obtained from manufacturers and
similar projects, and clarified that some items reflected only the
difference in what the DOT had already funded and the ultimate
cost. Mr. Moore explained that some of the proposed structures
would need to be reduced in size to accommodate roadway
clearances and drainage pond No. 2. Ms. Conway reviewed line
items, explained that $6,000,000 would be needed from the City,
and that a decision whether to participate would be needed from the
City by the end of January. Mayor Russo requested a meeting to
discuss sources of funds.
Holly Drive Drainage Engineer Dan Clark, filling in for City Engineer Len Lindahl,
provided a status report on the Holly Drive drainage and explained
that responsibilities had been determined for components of the
project, and that negotiations regarding costs associated with those
responsibilities were continuing with BallenIsles and St. Ignatius
Church. Mayor Russo requested notification to the residents
regarding progress on this project.
Ratification of Final Form
of Agreement with
City Council Regular Meeting, 12/16/99 3
• Nabar E. Martinez Councilman Clark made a motion to ratify the final form of
agreement with City Manager Nabar E. Martinez. Councilman
Jablin seconded the motion, which carried by unanimous 3 -0 vote.
AWARDING OF BIDS
Audio Visual Equipment and
Installation Councilman Clark made a motion to approve staff recommendation
to award a contract to Central Audio Visual in the amount of
$74,230.19 for the supply and installation of audio visual equipment
for the new City Hall. Councilman Jablin seconded the motion,
which carried by 2 -1 vote, with Mayor Russo opposed.
COMMENTS FROM
THE PUBLIC On behalf of PGA National residents, Siro DeGasperis expressed
appreciation for the City's efforts in resolving the drainage
problems. Mr. DeGasperis expressed his opinion that the County
should contribute gas tax monies to the PGA Flyover project. Mr.
DeGasperis reported that a reliable source had indicated that the
turnpike interchange would be at Ryder Cup and not at Hyatt Drive,
and requested support from the City not to let this happen. Mayor
Russo expressed the City's support. Mr. DeGasperis wished the
• City Council Happy Holidays.
Joan Atwater Ms. Atwater extended Seasons Greetings from Cypress Hollow
Homeowners Association.
Agusto Hernandez Mr. Hernandez stated he was speaking as an individual, expressed
concern regarding the City's growth, recommended a plan for
architectural designs, and commended staff on moving the oak trees,
but expressed concern that environmental practices were not always
followed. Mayor Russo provided assurance that the City followed
the environmental laws.
CONSENT AGENDA Councilman Clark moved approval of the Consent Agenda as
submitted. Councilman Jablin seconded the motion. The
following items were approved on the Consent Agenda:
1. Approval of Minutes of 11/18/99 City Council Workshop
Meeting.
2. Approval of Minutes of 11/18/99 City Council Regular
Meeting.
3. Approval of Minutes of 11/19/99 City Council Workshop
Meeting.
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City Council Regular Meeting, 12/16/99
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4. Approval of Minutes of 12/2/99 City Council Regular
Meeting.
PUBLIC HEARINGS
Ordinance 47, 1999 Mayor Russo declared the public hearing open, held on the intent of
Ordinance 47, 1999 - Providing for Expansion of Publix at
Oakbrook Square, duly advertised December 1, 1999, for
consideration of Second Reading and Adoption. Staff comments
were made. Resident Cheryl McGee expressed concern that paint
had been poured on the ground in violation of environmental laws,
and that paint cleanup was done at a faucet at the rear of the
building which allowed the paint to go into the storm drain. Ms.
McGee requested that a cleanup area be added at construction sites.
Mayor Russo requested information from other cities regarding how
they handled similar situations and active participation by the owner
of Oakbrook Square to prevent these activities. Ann Booth, Urban
Design Studio, explained that representatives of the owner had
contacted the contractor, notified their security personnel to watch
for illegal dumping, and planned to post signs. Hearing no further
comments from the public, Mayor Russo declared the public hearing
closed. Mayor Russo requested a report on the status of this
problem from the owner of the shopping center in a couple of
weeks, and research into what other cities were doing in similar
situations.
Councilman Clark moved that Ordinance 47, 1999 be placed on
Second Reading by title and approved. Councilman Jablin seconded
the motion, which carried by unanimous 3 -0 vote. The City Clerk
read Ordinance 47, 1999 on Second Reading by title only.
Resolution 154, 1999 Mayor Russo declared the public hearing open, held on the intent of
Resolution 154, 1999 - Consideration of Approval to Elect the Use
of the Uniform Method of Collecting Non -Ad Valorem Special
Assessments Levied Within the Incorporated Area of the City - duly
advertised 11/19/99. 11/26/99, 12/3/99, and 12/10/99, for
consideration of approval. Hearing no comments from the public,
Mayor Russo declared the public hearing closed.
Councilman Clark moved approval of Resolution 154, 1999.
Councilman Jablin seconded the motion, which carried by
unanimous 3 -0 vote.
• ORDINANCES
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• Ordinance 48, 1999 Principal Planner Kim Glas Castro reviewed the request and stated
that staff recommended approval. Councilman Clark made a motion
to place Ordinance 48, 1999 - Providing for Approval of Voluntary
Annexation of 3.21 Acres Located 1/4 Mile North of Florida
Boulevard on Alternate AlA - on First Reading by title only.
Councilman Jablin seconded the motion, which carried by
unanimous 3 -0 vote. The City Clerk read Ordinance 48, 1999 on
First Reading by title only.
Ordinance 49, 1999 Principal Planner Kim Glas Castro reviewed the request and stated
that staff recommended approval. Councilman Clark made a motion
to place 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 Located approximately 1/4 Mile North of
Florida Boulevard Along Alternate A I A from Palm Beach County
Medium Residential (MR5) to Palm Beach Gardens Residential Low
(RL) - on First Reading by title only. Councilman Jablin seconded
the motion, which carried by unanimous 3 -0 vote. The City Clerk
read Ordinance 49, 1999 on First Reading by title only.
• Ordinance 51, 1999 Principal Planner Jim Norquest reviewed the request and stated that
staff recommended approval. Councilman Jablin expressed concern
that a shuttle bus was transporting people across the street and that
off -site parking was being used. Growth Management Director
Roxanne Manning explained the shuttle was temporary during
construction. Attorney Alan Ciklin described the cross traffic
situation, which he explained would be alleviated with completion
of the new campus. Councilman Jablin expressed safety concerns.
Attorney Ciklin suggested the church confer with the police and find
a resolution to the problem, and report back to staff.
Councilman Jablin made a motion to place 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 - on First Reading by title only.
Councilman Clark seconded the motion, which carried by
unanimous 3 -0 vote. The City Clerk read Ordinance 51, 1999 on
First Reading by title only.
Ordinance 52, 1999 Staff reviewed the request and recommended approval. Councilman
Clark made a motion to place Ordinance 52, 1999 - Providing for
• Rezoning of 2.95 Acres of Land on the South Side of PGA
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City Council Regular Meeting, 12/16/99
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Boulevard, East of BallenIsles Drive from Neighborhood
Commercial (CN) Zoning District to Planned Unit Development
(PUD) - on First Reading by title only. Councilman Jablin seconded
the motion, which carried by unanimous 3 -0 vote. The City Clerk
read Ordinance 52, 1999 on First Reading by title only.
Ordinance 53, 1999 Staff reviewed the request and recommended approval. Bell South
Attorney Ron Feiner, reviewed the site plan, including agreement
with DiVosta to provide a common wall and maintenance of that
wall, and the requested waivers. The architect for the project spoke
on behalf of the petitioner. Building colors and materials were
reviewed. Councilman Clark made a motion to place Ordinance 53,
1999 - Providing for Rezoning of 1.56 Acres of Land Located on
the South Side of RCA Boulevard Approximately 0.2 Miles East of
the Intersection of RCA Boulevard and Alternate AlA (BellSouth) -
on First Reading by title only. Councilman Jablin seconded the
motion, which carried by unanimous 3 -0 vote. The City Clerk read
Ordinance 53, 1999 on First Reading by title only.
Ordinance 54, 1999 Staff reviewed the request and recommended approval. Councilman
Clark made a motion to place Ordinance 54, 1999 - Providing for
Abandonment Posted and Viewed Roadway - on First Reading by
title only. Councilman Jablin seconded the motion, which carried by
unanimous 3 -0 vote. The City Clerk read Ordinance 54, 1999 on
First Reading by title only.
ITEMS & REPORTS
FOR COUNCIL ACTION
Councilman Jablin
Councilman Jablin reported the Hanukkah celebration had been a
great success, and thanked the Mayor for attending. Councilman
Jablin reported the Art Task Force had found lighting in the lobby
of the new building was insufficient for lighting art, and a plan for
retrofitting would be developed. The Art Advisory Committee had
discussed placing an example of art in public places in Cityline each
quarter for which minimal expenses would be involved. The Art
Advisory Committee had also discussed the ordinance requiring art
in public places which was encouraging developers just to write
checks and not to place art in public places, and requested review of
the ordinance. Options were discussed. Councilman Jablin clarified
that he would provide a list of people who had given checks and the
size of the projects, versus people who had provided art and the size
of those projects. Councilman Jablin reported the Art Advisory
Committee had recommended re- matting and re- framing the City
City Council Regular Meeting, 12/16/99 7
• Seal with materials found in the new Council Chambers, and placing
it over the City Council dias to see how it looked before making a
decision of whether to leave it in that location. Councilman Jablin
reported Golf Digest was very concerned regarding their
negotiations with Seacoast Utilities, and that he had attended a
meeting with Rim Bishop of Seacoast Utilities and Dan Clark of the
City's engineering firm, and then attended a meeting with Golf
Digest representatives. Councilman Jablin reported
miscommunication between the parties and that he had suggested a
meeting of all parties with representatives able to make a decision,
and had informed Golf Digest officials that they would not receive
his support until the City Engineer and Seacoast Utilities were
satisfied that the City's water supply would not be jeopardized.
Discussion ensued. Councilman Jablin agreed to attend the meeting
which had been set for the next Wednesday if Councilman Sabatello
could not attend. Interim City Manager Post reported numerous
meetings had been held with City attorneys, staff, and Golf Digest
representatives.
Mayor Russo The Mayor reported he had met with Toll Brothers and
• Commissioner Marcus to discuss options for location of the
roadway, and advised that the City needed to determine the best
solution after hearing from the residents but that the County would
make the ultimate decision. Growth Management Director Roxanne
Manning reported staff had determined the roadway was needed and
explained that locating the roadway along the environmental area
would cause deterioration of that area next to the road. Councilman
Clark expressed his opinion that it was not the City's job to evaluate
environmental consequences but that they should take the position
that the road should go to the south as originally planned, and if the
County wished to spend funds on environmental studies they could
do so. Growth Management Director Manning commented there
were three options, two of which would divide the community.
Mayor Russo reported he was trying to set up a meeting with
School Board member Linda Hines, the construction person in the
schools, and Commissioner Marcus, and that WCI representative
Nancy Graham had indicated she would make land available so that
a swap could be made for a school site. Mayor Russo reported he
had attended the Economic Council meeting where there had been
a big discussion related to schools.
Mayor Russo thanked Carole Post for her work as Interim City
Manager and extended happy holiday wishes to everyone.
City Council Regular Meeting, 12/16/99 8
• ADJOURNMENT There being no further business to discuss, upon motion by
Councilman Jablin, seconded by Councilman Clark, carried 3 -0, the
meeting was adjourned at 9:45 p.m.
APPROVAL:
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VICE-MAYOFJ A.UREN FURTADO
CHAIRMAN PRO TEM ERIC JABLIN
COUNCILMAN DAVID CLARK
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COUNCILMCARL SABATELLO
ATTEST:
CDI KOSIER, CMC, CITY CLERK