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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