HomeMy WebLinkAboutMinutes Council 060399•
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
JUNE 3, 1999
The June 3, 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 David Clark, Councilman
Eric Jablin, and Councilman Carl Sabatello.
ANNOUNCEMENTS Mayor Russo stated the announcements were as posted.
RE -ORDER AGENDA Vice Mayor Furtado made a motion to reorder the agenda, placing
is Resolution 47, 1999, after the Consent Agenda and ahead of Public
Hearings. Councilman Clark seconded the motion, which carried
by unanimous 5 -0 vote.
CITY MANAGER REPORT
Construction Manager Report The Construction Manager submitted a status report on the
construction of the new Municipal Complex.
MIS Expenditure Report Finance Director Olson reported expenditures for the new
Municipal Complex were approximately $800,000 under budget.
The City Manager commented that the budget was on target to
provide a lower tax rate than that currently proposed. The
Management Information Supervisor reported expenditures which
would be necessary for Y2K compliance, for a records management
system, for new 911 equipment, and for wiring closets. Following
discussion, additional information was requested regarding the
computer equipment requested.
City Manager Herakovich reported the City had been invited to
participate in a series of meetings regarding the design of the U.S.
One Corridor. The first meeting would be Saturday, June 5 at
Jupiter Town Hall, with additional meetings June 6 -11, and public
• participation was encouraged. The City Manager reported that the
CITY COUNCIL REGULAR MEETING, 6/3/99 2
• Education Advisory Board had voted to support the proposed
recommendation of the Black Coalition of the City of Riviera
Beach regarding neighborhood schools and had requested that the
City Council consider a Resolution of support at the next Regular
Meeting.
PRESENTATIONS
Northlake Boulevard
Corridor Plan Pat Cunningham, representing Michael Radnor Associates,
formerly Team Plan, Inc., reviewed their conceptual streetscape
plan for Northlake Boulevard, and reported two meetings had been
held at which property owners and tenants had expressed their
concerns. The concept of a streetscape icon or quarter mile marker
had been created to provide identification for Northlake Boulevard,
provide unification, and eliminate numbering discrepancies.
Private funding for the markers was suggested.
Traffic Study Report by
Pam Beach County Palm Beach County Commissioner Karen Marcus reported that the
2020 MPO model reflecting buildout of northern Palm Beach
County based on current land uses had been run, as well as another
based on reduced densities, and another with reduced densities and
the addition of environmentally sensitive lands. George Webb
reviewed traffic numbers for the different models, explained that
these buildout models did not reflect conditions during the next
three years, discussed Northlake Boulevard traffic, and stressed the
need for continuing data from the City. Further steps to be taken by
the City were discussed by Commissioner Marcus.
ITEMS BY MAYOR AND
COUNCIL
Vice Mayor Furtado Vice Mayor Furtado reported Dr. Pat Bidol of FAU was available
to perform an organizational audit to determine productivity at a
cost of $1,000. It was the consensus of the City Council to invite
Dr. Bidol to the next meeting. Vice Mayor Furtado expressed
concern that Plant Drive Park facilities were being used for a
baseball program where serious complaints had been lodged against
a high school baseball coach. The City Manager was requested to
see what the City could do about this issue.
Councilman Jablin Councilman Jablin distributed a Gathering Storm H report, which
he described as a followup report to the Gathering Storm study by
the MacArthur Foundation, and explained that the City was
• supporting Riviera Beach in their determination to upgrade
CITY COUNCIL REGULAR MEETING, 6/3/99
educational systems.
3
• Councilman Clark Councilman Clark reported the Equestrian Task Force had been
"sunset ", after providing a report to the Palm Beach County Board
of Commissioners. A private non - profit corporation had been
formed which would carry on the same work on a long -term basis,
in partnership with Palm Beach County.
Mayor Russo Mayor Russo reported he had attended the Economic Advisory
Group and a representative of the DiVosta Company had been
present and had reported their plans for future development.
CONSENT AGENDA Vice Mayor Furtado moved approval of the Consent Agenda. The
motion was seconded by Councilman Jablin. Mayor Russo
requested that Resolution 65, 1999 be pulled from the Consent
Agenda. Vice Mayor Furtado withdrew the motion; Councilman
Jablin withdrew the second. Vice Mayor Furtado made a motion to
approve items one and two of the Consent Agenda with item three
pulled. Councilman Jablin seconded the motion, which carried by
unanimous 5 -0 vote. The following items were approved on the
Consent Agenda:
1. Awarding of Bid for Construction of the Pedestrian Bridge on
. MacArthur Boulevard.
2. Consideration of Approval of Minutes of 5/20/99 Regular
Meeting
Item 3, Resolution 65, 1999 - Consideration of Approval of an
Agreement with Palm Beach Gardens Youth Athletic Association
for Use of City Recreational Facilities - which had been pulled from
the Consent Agenda was discussed. Mayor Russo requested
further information regarding the number of volunteers and whether
the current cost for non - resident participants was appropriate, and
noted that fall baseball at Lake Catherine had been incorrectly
included in the agreement. New programs were discussed.
Councilman Clark made a motion to approve Resolution 65, 1999 -
Consideration of Approval of an Agreement with Palm Beach
Gardens Youth Athletic Association for Use of City Recreational
Facilities, as corrected. Councilman Jablin seconded the motion,
which carried by unanimous 5 -0 vote.
RESOLUTIONS
Resolution 47, 1999 Resolution 47, 1999 - Consideration of Approval of a Site Plan for
• the Construction of a 90,363 Square Foot Shopping Center to be
Named NorthMil Plaza and Located on a 11.5 Acre Parcel at the
0
0
CITY COUNCIL REGULAR MEETING, 6/3/99
4
Northeast corner of Military Trail and Northlake Boulevard was
presented to be re- heard. City Attorney Post reported concurrency
certification from Palm Beach County had been resolved to the
satisfaction of the City Engineer. Following ensuing discussion the
City Engineer reported that County Official George Webb had
signed a statement that this project met Palm Beach County traffic
performance ordinances. City Attorney Post reviewed proper
procedures to be followed. During disclosure of ex -parte
communication, Mayor Russo reported various conversations with
Mr. Smith, Mr. Brock, and Mr. Preston regarding procedure and not
as to the merits of the petition before the City Council at tonight's
meeting. Vice Mayor Furtado reported conversations with Mr.
Smith, Mr. Preston, and others and stated those conversations
would not affect her decision regarding the petition to be heard
tonight. Councilman Sabatello reported conversations with Mr.
Andrew Brock and Mr. Smith which had not been in regard to
specifics, and stated that those conversations would not affect his
judgement on what would be heard tonight. Councilman Clark
reported conversations with Mr. Smith, and with Andrew and Peter
Brock, which he stated would not affect his decision tonight.
Councilman Jablin reported ex -parte communications with Mr.
Smith, Andrew and Peter Brock, and Mr. Preston, which he stated
would not affect his decision. City Attorney Post swore -in all those
wishing to speak regarding this petition. It was noted that Growth
Management files regarding petitions SP -97 -1 and SP -99 -3 were
incorporated into the record. Attorney Larry Smith, representative
for the petitioner, agreed to incorporation of the Growth
Management files as stated and submitted 127 exhibits into the
record as evidence. Attorney Smith introduced others present on
behalf of the petitioner, and provided an overview of the petition.
Henry Skokowski reviewed the new site plan and the history of this
project. The letter containing Palm Beach County Engineer
George Webb's approval of traffic performance requirements was
submitted into evidence as Exhibit 128. Growth Management
Director Roxanne Manning reported that this project exceeded City
code requirements and contained 21 voluntary commitments,
without which the project would still meet and in some cases would
still exceed code requirements. Ms. Manning reviewed resolution
of several issues, and stated staff recommended approval with 21
voluntary conditions. Jay Spencer responded to questions regarding
ingress /egress and sidewalk configurations in regard to use by
school children. Architect Ted Davis reviewed the architectural
features of the building. Cathy Azzarello, Arbor Way, expressed
CITY COUNCIL REGULAR MEETING, 6/3/99 5
• several concerns and spoke against the project. Mayor Russo
explained that economic need for commercial development was not
a criteria considered during the decision - making process. Neil
Hays, owner of property on Northlake Boulevard, expressed traffic
concerns which would negatively impact his business because the
eastern entrance had been designated ingress /egress rather than only
one way. During ensuing discussion, Traffic Engineer Joe Pollock
clarified that the eastern ingress /egress was for use by service
vehicles rather than automobile traffic into the center, and City
Engineer Lindahl explained the driveway had been widened to
accommodate large service vehicles. Resident Pat Hughey, Reed
Drive, expressed traffic safety concerns regarding the proposed
stacking lane at Arbor Way. The City Engineer explained that a
permit issued by FDOT would be reopened to address safety
concerns regarding the median cut and walkway configuration.
Councilman Jablin requested both the median cut and crosswalk be
addressed in Condition 9, with which the petitioner agreed. Betty
Petruzzi, Bamboo Drive, expressed traffic safety concerns,
particularly regarding trucks and school children. Condition 9 was
discussed. Attorney Post read revised Condition 9 into the record
. as follows: The City and the Applicant shall work together to
determine an appropriate location for the crosswalk located at the
Military Trail ingress /egress and together shall seek approval of
the preferred sidewalk location and compatible design for the
median cut from FDOT. Condition 19 was changed to reflect that
the applicant would be responsible to pay for ongoing expenses of
a school crossing guard at the Military Trail entrance by changing
the beginning language to: The City shall provide at the applicant's
expense.
Councilman Clark made a motion to approve Resolution 47, 1999
with the amendments to Conditions 9 and 19 as read into the
record. Councilman Jablin seconded the motion. Vice Mayor
Furtado stated her vote would reflect that she believed not all of the
safety issues had been taken into consideration. Mayor Russo
thanked the applicant and staff for their hard work and commented
that the neighbors would be getting a quality project and probably
the best commercial center they could get at that location; however,
he could not vote in favor of the project. Motion carried by 3 -2
vote with Mayor Russo and Vice Mayor Furtado opposing.
PUBLIC HEARINGS
Ordinance 19, 1999 Mayor Russo declared the public hearing open, duly advertised
CITY COUNCIL REGULAR MEETING, 6/3/99
5/19/99, for consideration of Second Reading and Adoption of
Ordinance 19, 1999 - Providing for Approval of Rezoning in the
City Certain Areas of Land; and Providing a Legal Description of
the Properties Proposed to be Rezoned; Amending the Official
Zoning Map; and by Providing for Repeal of Conflicting
Ordinances or Parts of Ordinances in Conflict. Hearing no
comments from the public, Mayor Russo declared the Public
Hearing Closed.
Councilman Clark moved that Ordinance 19, 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 19, 1999 on Second Reading by title
only.
Ordinance 24, 1999 Representative for the petitioner requested a change to Condition of
Approval number 6 to reflect that before the play field could be
used it must be fenced. Staff agreed to the revised condition. .
Mayor Russo declared the public hearing open, duly advertised
5/19/99, for consideration of Second Reading and Adoption of
. Ordinance 24, 1999 - Providing for Approval of the Application of
St. Mark's Episcopal School for Rezoning of 6.1 -acres of Land
Located on the North Side of Burns Road, East of Alternate AIA
and West of Gardens East Drive, to a Planned Unit Development -
Residential, in Order to Construct Private School Playing Fields,
Courts and an Associated Structure; Providing for Conditions of
Approval. Hearing no comments from the public, Mayor Russo
declared the Public Hearing closed.
Councilman Clark made a motion to approve Amendment 1 to
Ordinance 24, 1999 with a change in paragraph B which currently
reads prior to August 1, 1999 to be prior to use for recreational
purposes. Motion was seconded by Vice Mayor Furtado and
unanimously carried by 5 -0 vote.
Councilman Clark moved that Ordinance 24, 1999 be placed on
Second Reading by title only and approved as amended.
Councilman Jablin seconded the motion, which carried by
unanimous 5 -0 vote. The City Clerk read Ordinance 24, 1999 on
Second Reading by title only.
• RESOLUTIONS
CITY COUNCIL REGULAR MEETING, 6/3/99 7
• Resolution 51, 1999 Councilman Clark made a motion to approve Resolution 51, 1999 -
Consideration of Approval of Soveral Harbor Concurrent
Processing. Councilman Jablin seconded the motion. Motion
carried by unanimous 5 -0 vote.
Resolution 61, 1999 Councilman Jablin made a motion to approve Resolution 61, 1999 -
Consideration of Approval of a Sign Variance for 3902 Burns
Road. Vice Mayor Furtado seconded the motion. Motion carried
by unanimous 5 -0 vote.
Resolution 66, 1999 Consideration of Approval of Roly's Outdoor Seating at Oakbrook
Square Shopping Center - Resolution 66, 1999, was postponed to
the 6/17/99 Consent Agenda requested modification of conditions
had met staff approval.
Resolution 67, 1999 Howard Ostrout, agent for the petitioner, stated the petitioner
agreed with all staff conditions of approval. Councilman Clark
made a motion to approve Resolution 67, 1999 - Consideration of
Approval of an Amendment to the Approved Site Plan for the
Development known as "Sunny Plaza ". Vice Mayor Furtado
seconded the motion. Motion carried by unanimous 5 -0 vote.
ORDINANCES:
Ordinance 23, 1999 City Manager Herakovich reported the petitioner had requested
postponement of Ordinance 23, 1999.
ITEMS FOR COUNCIL
ACTION:
Budget Workshop Date The date for the budget workshop was set for Monday, June 28,
1999 at 7 p.m.
ITEMS FOR DISCUSSION
Staff Initiated Comp Plan
Amendments Principal Planner Kim Glas discussed a proposed amendment
regarding assisted living facilities and nursing homes and requested
comments prior to transmittal. Staff recommended continuing to
allow assisted living facilities in all residential categories but to
promote and encourage them in higher density and mixed use
categories by providing a greater density bonus, still requiring 40%
open space. Direction to staff was to avoid big box development,
review impact fees, consider compatibility of the neighborhood,
and require smaller buildings within RM and RH zoning categories.
CITY COUNCIL REGULAR MEETING, 6/3/99 8
Annexation Councilman Jablin proposed pursuit of annexation of an enclave at
the corners of Northlake and Military Trail. Consensus was to have
the City Attorney aggressively pursue annexation of the two corners
as one parcel.
Cable Company Franchise Councilman Sabatello requested clarification as to where the City
stood regarding Adelphia's franchise. City Manager Herakovich
stated an updated report would be provided regarding outstanding
issues and what was in negotiation.
CITY ATTORNEY REPORT
Paid Travel Expense City Attorney Post reported it was permissible for City officials to
travel with expenses paid by a party considering moving their
business to the City so long as the travel was for a valid purpose
and there was no understanding of travel paid in exchange for
votes.
Vavrus Update City Attorney Post reported the City had been successful in the first
round of motions regarding the Vavrus lawsuit, except that Mr.
Vavrus had not been found to be in contempt; however, she had
. heard that Mr. Vavrus had filed an appeal to the decision of the
Code Enforcement Board.
CITY COUNCIL REGULAR MEETING, 6/3/99 9
• ADJOURNMENT There being no further business to discuss, upon motion by Vice
Mayor Furtado, seconded by Councilman Clark, carried 5 -0, the
meeting was adjourned 9$ 11:30 p.m.
APPROVAL:
R. RUSSO
MAYOR)L�iUEN FURTADO
11:3UT8:14 WAN
� /i%7ZA-A
LMAN DAVID CLARK
V • 1 ► : •
ATTEST:
CAOSIER, CMC, C'fTY CLERK