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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