HomeMy WebLinkAboutMinutes Council 061799•
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
JUNE 17, 1999
The J une 17, 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, and Councilman
Carl Sabatello. Councilman David Clark arrived at 7:10 p.m.
ANNOUNCEMENTS Mayor Russo stated the announcements were as posted.
RE -ORDER AGENDA Vice Mayor Furtado made a motion to move Resolution 82, 1999
• to be placed following presentation of Employee Service Awards.
Councilman Jablin seconded the motion, which carried by
unanimous 4 -0 vote.
PRESENTATIONS
Employee Service Awards Employees Cary Linderman, and Judy Fox were honored for their
years of service.
RESOLUTION
Resolution 82, 1999 City Attorney Carole Post explained the purpose of Resolution 82,
1999, Consideration of Approval of Interlocal Agreement for
Traffic Concurrency.
Councilman Jablin made a motion to approve Resolution 82, 1999.
Vice Mayor Furtado seconded the motion, which carried by
unanimous 5 -0 vote.
PRESENTATION
Leo Noble, Education
Concurrency Leo Noble answered questions regarding the planning process,
needed for new schools which he explained would plan for growth
as it happened and would focus capital dollars in growth areas.
Concern was expressed that a crisis situation existed within the City
CITY COUNCIL REGULAR MEETING, 6/17/99 2
• with overcrowded middle schools and the recent sale of MacArthur
Foundation land would result in unprecedented growth in the very
near future. Mr. Noble explained that marry schools were
overcrowded as a result of bussing, and that returning to
neighborhood schools would balance the system. Mr. Noble
explained that concurrency would require capital dollars and
boundaries to be considered by new developments. Concern was
expressed that growth would happen before concurrency came into
existence, and Mr. Noble was requested to provide a projection to
help the City plan for schools in the City. Mr. Noble explained that
concurrency would be in place early next year. Growth
Management Director Roxanne Manning explained that staff would
furnish projected population figures from possible future
developments to the School Board planning staff so that they could
plan school facility spaces. Mayor Russo explained that the City
wished to work with Mr. Noble and the planners on this matter.
CITY MANAGER REPORT
Issues & Priorities The City Manager reported the SFWMD governing board would
consider a third outfall and that the County had supported the City's
• Resolution on this matter. City Manager Herakovich announced
that a walk - through had been conducted for Riverside Drive and
Prosperity Oaks drainage projects and final punch lists prepared.
The City Manager reported progress on Lighthouse Drive drainage,
and that Idlewild Road drainage improvements had been started by
the County. City Manager Herakovich reported age ranges of
employees working alone evenings at recreational facilities were
from 17 to 50, and that a direct link of communication to the Police
Department would be investigated. The City Manager reported
legal counsel had determined that the City's interlocal agreements
with the schools adequately stated the City's non- discrimination
policy. City Manager Herakovich reported the School Board had
agreed to give the City $3,500 for training of a K -9 officer and dog
for bomb detection. The City Manager reported the Northern Palm
Beach Chamber of Commerce was donating framed prints of all
Arti Gras events for the new City Hall. The City Manager reported
the Neighborhood Advisory Group was in the process of identifying
ways of bringing together neighbors from different neighborhoods
to do a walk -a -thon to raise funds for a local charity and to do a
City history project.
MIS Expenditures for the
40 New Municipal Complex A report on management information systems was reviewed
0
CITY COUNCIL REGULAR MEETING, 6/17/99
3
regarding why an upgrade was needed, the effect on levels of
service provided to residents, and cost savings for the future. A
proposed system was discussed. Councilman Sabatello requested
a meeting with the MIS Director to further understand proposed
upgrades and their need.
Military Trail Irrigation The City Manager suggested the grant be returned which had been
received for Military Trail irrigation since it had been based on a
system which FDOT would not permit, to allow the City to submit
a grant based on the current system could be submitted. It was
expected that a second grant would be larger. Vice Mayor Furtado
suggested separating irrigation and landscaping in the grant and the
use of a ground cover that would look better than grass, requiring
less maintenance. The Vice Mayor recommended that in the future
medians either have irrigation already set up before landscaping or
that landscaping be irrigation -free xeriscape. Councilman Sabatello
stressed that Military Trail was a major artery and a plan for
landscaping should be developed to bring the landscaping up to the
level of other major roadways.
• Audio/Visual Equipment A survey of the development community conducted by the Growth
Management Department indicated that the most advanced
technology which applicants would utilize would be Powerpoint
presentations. A Central Audio Visual representative answered
questions regarding the proposed system.
ITEMS BY MAYOR AND
COUNCIL
Vice Mayor Furtado Vice Mayor Furtado requested the new criteria required of
municipalities be considered in the budget process. The Vice
Mayor reported that the original neighborhood initiative task force
had resulted in an advisory board of members from all over the City
and requested that this board be recognized by the Council. Mayor
Russo requested that dates for neighborhood meetings be set by the
City Council to assure they could attend. The Vice Mayor reported
that Council members from other municipalities were not aware of
proposed millennium celebration plans. Councilman Jablin stated
he would pursue this issue. Vice Mayor Furtado requested items
not be listed as issues & priorities unless totally complete and that
department heads get a copy of staff recommendations provided by
the City Manager to the City Council.
. Councilman Jablin Councilman Jablin observed that Resolution 78, 1999 on the
CITY COUNCIL REGULAR MEETING, 6/17/99 4
• Consent Agenda to support the Black Coalition of the City of
Riviera Beach regarding neighborhood schools had a great deal of
bearing on what had been discussed with Leo Noble earlier in the
meeting.
CKs1aI iS I : I Z I &V aZ607- .I1,
PUBLIC Marie Hornberger of BFI pointed out a potential problem because
bid specifications had been changed for the waste management
contract bid from the last contract, by including a price for roll -off
waste collection services. The City Manager reported that a
procedure was in place which would allow resolution of this issue.
CONSENT AGENDA Councilman Clark moved approval of the Consent Agenda. The
motion was seconded by Vice Mayor Furtado, which carried by
unanimous 5 -0 vote. The following items were approved on the
Consent Agenda:
1. Approval of Minutes of City Council 6 /3/99 Regular Meeting.
2.
Awarding of Bid for 911 System Upgrades.
• 3.
Awarding of Bid for Head Sets for Fire - Rescue.
4.
Resolution 66, 1999 - Consideration of Approval of Roly's
Outdoor Seating at Oakbrook Square Shopping Center.
5.
Resolution 78, 1999 - Consideration of Approval to Support
the Black Coalition of the City of Riviera Beach re:
Neighborhood Schools.
6.
Resolution 73, 1999 - Consideration of Approval of Plat of
BallenIsles Pod 6A.
7.
Resolution 74, 1999 - Consideration of Approval of Plat of
BallenIsles Pod 24.
8.
Resolution 81, 1999 - Consideration of Approval of
Economic Development Administration Grant
PUBLIC HEARINGS
Resolution 72, 1999 Mayor Russo declared the public hearing open, duly advertised
6/7/99 and held on the intent of Resolution 72, 1999 -
Consideration of Approval of a Sign Variance for Gardens Park
Plaza. There were no comments from the public.
Councilman Jablin made a motion to continue Resolution 72, 1999
to the 7/1/99 Regular Meeting of the City Council. Councilman
Clark seconded the motion. Motion carried by unanimous 5 -0 vote.
CITY COUNCIL REGULAR MEETING, 6/17/99 5
• Ordinance 25, 1999 Mayor Russo declared the public hearing open, duly advertised
6/2/99 and held on the intent of Ordinance 25, 1999 - Providing for
Amendment to the Palm Beach Gardens Code of Ordinances by
Adding Sections 110 -1, Definitions, and Amending Sections 110 -3,
Section 110 -4, Section 110 -36, Section 110 -37, Section 110 -38, and
Section 110 -39; providing for Code Revisions to Allow for
Definitions, Maximum Flag Pole Height and Flag Area, Sign
Lighting Mechanism Restrictions, Non - conforming Sign
Exemptions, Side Property Line Setback Exemptions, Clarification
of Height and Area Restrictions for Wall Signs, providing for
Maximum letter heights, and Transferring Responsibility for
Processing Sign Variance Applications from City Clerk to Growth
Management Department.. There being no comments from the
public, Mayor Russo declared the Public Hearing closed.
Vice Mayor Furtado made a motion to continue Ordinance 25, 1999
to the 7/1/99 Regular Meeting of the City Council. Councilman
Clark seconded the motion. Motion carried by unanimous 5 -0 vote.
Ordinance 26, 1999 Mayor Russo declared the public hearing open, duly advertised
• 6/2/99, and held on the intent of Ordinance 26, 1999 - Providing for
an Amendment to the Palm Beach Gardens Code of Ordinances by
Amending Article VIII, Nonconformities Section 118 -611, 118-
612, 118 -613, 118 -614, 118 -615, 118 -616; Providing for Code
Revisions to Allow for New Definitions; Providing for Criteria for
Normal Maintenance, Alteration or Expansion, Relocation, and
Drainage and Restoration of Non - Conforming Structures or
Buildings, Nonconforming Use of Premises or Structures and
Premises in Combination 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 26, 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 26, 1999 on Second Reading by title
only.
Ordinance 27, 1999 Staff reviewed proposed amendments to the Comprehensive Plan.
Mayor Russo declared the public hearing open, duly advertised
6/2/99, and held on the intent of Ordinance 27, 1999 - Providing for
• Amendments to the City's Comprehensive Plan, 99 -1 Round.
CITY COUNCIL REGULAR MEETING, 6/17/99 6
• Dave McDowell, Senior Vice President of Graystone Development,
commented they were working to develop senior living facilities
within Palm Beach Gardens and provided information in support of
the amendment regarding assisted living facility /nursing home
density provisions. Dodi Glas of Urban Design Studio expressed
support for the proposed amendments. Hearing no further
comments from the public, Mayor Russo declared the Public
Hearing closed.
Councilman Clark moved that proposed amendments to the City's
Comprehensive Plan, 99 -1 Round, be transmitted to DCA for
review and comment. Vice Mayor Furtado seconded the motion,
which carried by unanimous 5 -0 vote.
Councilman Clark moved that Ordinance 27, 1999 be placed on
First Reading by title only. Councilman Jablin seconded the
motion, which carried by unanimous 5 -0 vote. The City Clerk read
Ordinance 27, 1999 on First Reading by title only.
NOPC: Regional Center
• DRI (Open Space) Mayor Russo declared the public hearing open, duly advertised
6/2/99, and held on the intent of a Notice of Proposed Change for
the Regional Center DRI (Open Space). Ed Oliver, representing
A &M Land Ventures, expressed concern that A &M might be
obligated to provide 6 acres of open space to satisfy the overall DRI
requirement for another property owner, MacArthur Center, which
would seriously restrict their ability to develop the balance of their
property; and further requested that when the development order
was considered that they be included in the process. Hearing no
further comments from the public, Mayor Russo declared the public
hearing closed.
Councilman Clark made a motion that the proposed change for the
Regional Center DRI (Open Space) did not constitute a substantial
deviation to the DRI. Councilman Jablin seconded the motion,
which carried by unanimous 5 -0 vote.
NOPC: Regional Center
DRI (Use Conversion) Mayor Russo declared the public hearing open, duly advertised
6/2/99, and held on the intent of a Notice of Proposed Change for
the Regional Center DRI (Use Conversion). There were no
• comments from the public.
CITY COUNCIL REGULAR MEETING, 6/17/99 7
Councilman Clark made a motion to continue the Public Hearing
to July 15, 1999 for the proposed change for the Regional Center
DRI (Use Conversion). Councilman Jablin seconded the motion,
which carried by unanimous 5 -0 vote.
NOPC: Frenchman's Creek
DRI (Yacht Club) Councilman Clark made a motion that the Public Hearing for the
proposed change to the Frenchman's Creek DRI (Yacht Club) be
postponed indefinitely. Councilman Jablin seconded the motion,
which carried by unanimous 5 -0 vote.
RESOLUTIONS
Resolution 69, 1999 Staff reported a $600 annual lease charge was required by FEC
Railroad for a lease agreement to allow landscape maintenance, and
requested authorization to proceed with the lease negotiations.
Staff was directed to attempt to negotiate a long -term lease with
FEC for this project.
Councilman Clark made a motion to approve Resolution 69, 1999 -
Consideration of Approval of a Lease Agreement with FEC for
• Landscape Maintenance. Vice Mayor Furtado seconded the motion.
Motion carried by unanimous 5 -0 vote.
ORDINANCES
Ordinance 22, 1999 Staff advised this was a workshop /consideration of First Reading
and reviewed the staff report for Ordinance 22, 1999 - Providing for
Amendment to the City's Code of Ordinances re: Automobile
Dealerships. Attorney Larry Smith, representing several
automobile dealerships, expressed his opinion that requiring a 6-
foot wall was saying no to automobile dealerships, and that any
dealership making an application would request a waiver to the
wall. Attorney Smith requested that if there were no wall along the
street that service doors face away from residential zones or the
street; suggested that DEP be consulted regarding wash facility
requirements; and discussed parking requirements. Attorney Smith
was requested to submit his suggestions to staff. City Council
members favored keeping the ordinance restrictive.
Councilman Clark made a motion to place Ordinance 22, 1999 on
First Reading by title only. Vice Mayor Furtado seconded the
motion. Motion carried by unanimous 5 -0 vote. The City Clerk
read Ordinance 22, 1999 on First Reading by title only.
•
CITY COUNCIL REGULAR MEETING, 6/17/99 8
Ordinance 23, 1999 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, and C in the Christ Fellowship
Church Planned Unit Development; Providing for Conditions of
Approval, was presented for consideration of First Reading. Ex-
parte communication was reported by Councilmembers, who stated
their decisions tonight would not be affected by those
communications. Alan Ciklin, representative for the petitioner,
Christ Fellowship Church, reported that changes since the last
meeting involved life safety requirements and mechanical room
location, and reviewed the square footages, occupancy, and
architectural changes. Architect Glen Pate reviewed changes on
the elevations. Staff recommended approval of Ordinance 23, 1999
with four conditions of approval.
Councilman Clark made a motion to place Ordinance 23, 1999 on
First Reading by title only. Vice Mayor Furtado seconded the
motion. Motion carried by unanimous 5 -0 vote. The City Clerk
read Ordinance 23, 1999 on First Reading by title only.
• CITY ATTORNEY REPORT In the case City of Palm Beach Gardens v. General Accident, City
Attorney Carole Wallace Post recommended acceptance of a
$100,000 settlement offer for full and final settlement of this claim.
Vice Mayor Furtado made a motion to accept the settlement offer
in the case of City of Palm Beach Gardens v. General Accident.
Councilman Clark seconded the motion, which carried by
unanimous 5 -0 vote.
ITEMS FOR DISCUSSION
City 40th Anniversary The date, invitations, and theme for the City's 40th
Anniversary celebration were discussed. The Recreation
Department was requested to provide alternatives for
consideration by the City Council. The Council suggested a
date in October be considered.
CITY COUNCIL REGULAR MEETING, 6/17/99 9
• ADJOURNMENT There being no further business to discuss, upon motion by
Councilman Clark, seconded by Councilman Jablin, carried 5 -0, the
meeting was jo ne at 10. 5 p.m.
APPROVAL: �
�O§'EPH R. RUSSO
VIEE'kW%0R-bAUtEN FURTADOv
ERIC JABLIN
KZ1 - 0, &O�::)
COUNCILMAN DAVID CLARK
CARL SABATELLO
ATTEST:
A�KdSIER, CMC; CITY CLERK