HomeMy WebLinkAboutMinutes Council 040899• CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
APRIL 8, 1999
The April 8, 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, Councilman David
Clark and Councilman Carl Sabatello.
DISCUSSION OF ISSUES
AND PRIORITIES The City Council discussed annexing properties, including the
property at the corner of Northlake Boulevard and Military Trail.
The City Manager reported the property on Richard Road had been
• purchased for use as a Boat/RV facility and was also needed for a
City nursery. Discussion ensued regarding placing trees along
Military Trail, and replacing sod in an area on PGA Boulevard for
which no grants were available. Discussion was held regarding
possibly bidding out the contract for Waste Management. Mayor
Russo requested a more aggressive position be taken regarding
parks and that higher fencing be used; and reported that a woman
had been hurt. The City Manager reported that new fencing had
been ordered. Mayor Russo commented that Northmil had been
added to tonight's agenda without his approval. During ensuing
discussion, City Attorney Post recommended consideration of
NorthMil as soon as possible. It was pointed out that sufficient time
was needed so that residents could have notification. Vice Mayor
Furtado discussed the community rating system, which had been
brought to attention of the City 18 months ago. The Vice Mayor
discussed Freedom House and expressed support for the City
Attorney's recommendation to file declaratory action. Mayor Russo
reported that Mr. Vavrus had chosen not to work with the City, and
the City's only choice was to go to court. It was requested that the
issues and priorities list designate a responsible party for each item
in the future. City Manager Herakovich announced that discussion
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of issues and priorities was scheduled for every two weeks at
regular City Council meetings, which would begin at 7 p.m. , and
special meetings would be scheduled to start when needed. Mayor
Russo reported that a part-time City pool employee had been
selected as one of the top students and was mentioned in Time
magazine. It was announced that the Art Advisory committee
would discuss at a special meeting options /alternatives for cultural
opportunities for the new City Hall /municipal complex terrace area.
The City Manager announced that two drainage issues would be
addressed: (1) Prosperity Oaks Court culvert would be replaced by
Palm Beach County and the internal drainage system would be
replaced by the City. (2) Next week the sidewalk would be
removed and relocated to the rear of right -of -ways from MacArthur
Boulevard to Holly Drive because of swale improvements. It was
announced that the PGA Seniors Championship would take place
April 12th to 18th; the Amara Shrine Circus April 14th to 20th; and
the PBG Elementary Spring Carnival on April 23rd. Clay Lampert
was introduced as the new Palm Beach Post reporter.
City Attorney Post reported that since March 29`h, the attorneys and
staff had worked to come up with an agreement to avoid adopting
Ordinance 18, 1999. Attorney Post presented a draft Forbearance
Agreement and reviewed the highlights, including a 60 -day
moratorium limited to concurrency, and a 120 -day forbearance
period under which WCI prospective purchasers' applications would
not be processed. WCI land purchasers had agreed to the
Forbearance agreement; however, WCI had not indicated their
support.
CITY MANAGER REPORT
Construction Manager's
Report The Construction Manager presented a sample of the roofing system
and described the gutters; and reported that the construction
company had brought in a new Project Manager and were now
approximately 35 days behind schedule. Seating for the assembly
area was discussed, with consensus being to have moveable seating.
The City Council expressed a desire for ballfield netting.
PRESENTATIONS
Municipal Complex The Architect for the Municipal Complex presented the: exterior
colors and finishes for the building, including the clay roof tile;
window glass, railings, etc., and discussed the assembly room
interior; and plaza lighting. It was agreed that a lighting fixture
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CITY COUNCIL REGULAR MEETING, 4/8/99
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of issues and priorities was scheduled for every two weeks at
regular City Council meetings, which would begin at 7 p.m. , and
special meetings would be scheduled to start when needed. Mayor
Russo reported that a part-time City pool employee had been
selected as one of the top students and was mentioned in Time
magazine. It was announced that the Art Advisory committee
would discuss at a special meeting options /alternatives for cultural
opportunities for the new City Hall/municipal complex terrace area.
The City Manager announced that two drainage issues would be
addressed: (1) Prosperity Oaks Court culvert would be replaced by
Palm Beach Countyand the internal drainage system would be
replaced by the City. (2) Next week the sidewalk would be
removed and relocated to the rear of right -of -ways from MacArthur
Boulerard to Holly Drive because of swale improvements. It was
announced that the PGA Seniors Championship would take place
April 12th to 18th; the Amara Shrine Circus April 14th to 20th; and
the PBG Elementary Spring Carnival on April 23rd. Clay Lampert
was introduced as the new Palm Beach Post reporter.
City Attorney Post reported that since March 20, the attorneys and
staff had worked to come up with an agreement to avoid adopting
Ordinance 18, 1999. Attorney Post presented a draft Forbearance
Agreement and reviewed the highlights, including a 60 -day
moratorium limited to concurrency, and a 120 -day forbearance
period under which WCI prospective purchasers' applications would
not be processed. WCI land purchasers had agreed to the
Forbearance agreement; however, WCI had not indicated their
support.
CITY MANAGER REPORT
Construction Manager's
Report The Construction Manager presented a sample of the roofing system
and described the gutters; and reported that the construction
company had brought in a new Project Manager and were now
approximately 35 days behind schedule. Seating for the assembly
area was discussed, with consensus being to have moveable seating.
The City Council expressed a desire for ballfield netting.
PRESENTATIONS
Municipal Complex The Architect for the Municipal Complex presented the: exterior
colors and finishes for the building, including the clay roof tile;
window glass, railings, etc., and discussed the assembly room
interior; and plaza lighting. It was agreed that a lighting fixture
CITY COUNCIL REGULAR MEETING, 4/8/99
3
sample of option 2 would be presented later. The architect was
directed to provide the cost as well as the budgeted amounts at the
next meeting.
Annual Financial Report for
FY 1997 -98 A representative from Nolen, Holt & Miner presented the annual
financial report for FY 1997 -98 and reported the City's financial
position was strong. The potential need for additional staff to
further segregate duties in the Finance Department was discussed.
AWARDING OF BIDS
Fire Station A prototype design which could be used with minor site specific
changes was proposed, with the bid recommended to be awarded to
Gee & Jenson.
Councilman Clark made a motion to approve the staff
recommendation to negotiate the bid for Fire Station No. 3 with
Gee & Jenson, not to exceed $176,040. Vice Mayor Furtado
seconded the motion, which carried by unanimous 5 -0 vote.
• Summer Camp Transportation Councilman Clark made a motion to approve the staff
recommendation to award the bid to Jupiter School Bus Service in
the amount of $56,250. Councilman Jablin seconded the motion,
which carried by unanimous 5 -0 vote.
'ITEMS BY MAYOR AND
.COUNCIL
Mayor Russo Mayor Russo reported he had attended the Municipal League where
the countywide adult entertainment issue had been discussed.
COMMENTS FROM THE
•PUBLIC
Vito De Francesco Mr. DeFrancesco, resident of Shady Lakes, discussed home
occupations and allowing workers if they were called by a name
other than employees. Staff reported the situation in question had
been studied and the code had not been determined to have been
violated.
Linda Monroe Ms. Monroe urged the City Council to support the City Manager in
efforts to provide landscaping at Northlake Boulevard, and possibly
to utilize plants from the City nursery. The City Manager was
requested to research whether all grant funds had been utilized. Ms.
• Monroe commented regarding plants which had died along PGA
_ CITY COUNCIL REGULAR MEETING, 4/8/99 4
Boulevard. Ms. Monroe suggested using a horn to alert residents
to potentially dangerous weather.
Larry Smith Mr. Smith clarified that Northmil had not requested to be taken off
the agenda; however, he agreed to have this item placed on the
5/6/99 City Council agenda to allow for notification to residents.
CONSENT AGENDA Councilman Clark moved approval of the Consent Agenda. The
motion was seconded by Councilman Jablin. Councilman Clark
withdrew his motion; Councilman Jablin withdrew his second.
Councilman Clark made a motion to approve the Consent Agenda
with the exceptions of Items 1 and 3. Councilman Jablin seconded
the motion. Motion carried by unanimous 5 -0 vote. The following
items were approved on the Consent Agenda:
2. Consideration of Approval of Minutes of 3/11/99 Workshop
Meeting
4. Resolution 34,1999 - Consideration of Approval of a Uniform
Traffic Control Agreement with The Barclay Club
Homeowners Association.
• 5. Resolution 38, 1999 - Consideration of Approval of a
Uniform Traffic Control Agreement with Steeplechase
Homeowners Association.
6. Resolution 39, 1999 - Consideration of Approval of a
Uniform Traffic Control Agreement with The Sanctuary
Homeowners Association.
7. Resolution 55, 1999 - Consideration of Approval of a
Contract with Net Telecom Corporation for Wiring and
Cabling for New Municipal Complex.
Councilman Clark made a motion to approve the following Consent
Agenda item 1 as amended by Vice Mayor Furtado:
1. Consideration of Approval of Minutes of 3/4/99 Regular
Meeting: on page 5 to change Joe Griffin to Jim Griffin.
Councilman Jablin seconded the motion, which carried by
unanimous 5 -0 vote.
Councilman Clark made a motion to approve the following Consent
Agenda item 1 as amended by Vice Mayor Furtado:
3. Consideration of Approval of Minutes of 3/18/99 Regular
Minutes; with Loren changed to Lauren.
Councilman Jablin seconded the motion, which carried by
• unanimous 5 -0 vote.
CITY COUNCIL REGULAR MEETING, 4/8/99 5
PUBLIC HEARINGS
Ordinance 11, 1999 Growth Management Director Roxanne Manning presented
Ordinance 11, 1999- Providing for Amendment to the Existing
Planned Unit Development Known as City Centre; Amendment to
Ordinance 15, 1997 to Revise the Master Plan for Parcel F,
Reducing the Building Height; Revising the Design of the Building;
Revising the Parking Area Around the Building; Eliminating the
Right Turn Only Exit onto Ellison Wilson Road; Adding two Drive -
Through Lanes; Reducing the Size of the Parking Garage; Revising
the Approved Landscape Plan; Revising the Approved Master
Phasing Plan; Revising the Approved Elevations; Revising the
approved Floor Plans; Revising the Approved Parking Garage Plans.
Ed Oliver, agent for the petitioner, requested signage at the top
floor of the 6 -story building, with which the City Council did not
agree. The petitioner withdrew the petition.
Ordinance 12, 1999 Mayor Russo declared the Public Hearing open, duly advertised
3/24/99 and held on the intent of Ordinance 12, 1999 - Providing for
An Amendment to Chapter 2, Article III, Entitled "Boards,
Committees and Commissions" of the Code of Ordinances,
• Providing for Codification, Providing for Severability; Providing for
Repeal of Conflicting Ordinances; and Providing for an Effective
Date - for consideration of Second Reading and Adoption. Hearing
no comments from the public, Mayor Russo declared the public
hearing closed.
Councilman Clark made a motion to approve Ordinance 12, 1999
for Second Reading and Adoption. Councilman Jablin seconded the
motion, which carried by unanimous 5 -0 vote. The City Clerk read
Ordinance 12, 1999 on Second Reading by Title Only.
Ordinance 13, 1999 Mayor Russo declared the Public Hearing open, duly advertised
3/24/99 and held on the intent of Ordinance 13 1999 - Providing for
An Amendment to Chapter 2, Division 3 of the Code of Ordinance
Entitled "Education Advisory Board "; Providing for Codification,
Providing for Severability; Providing for Repeal of Conflicting
Ordinances; and Providing for an Effective Date - for consideration
of Second Reading and Adoption. Hearing no comments from the
public, Mayor Russo declared the public hearing closed.
Councilman Clark made a motion to approve Ordinance 13, 1999
for Second Reading and Adoption. Councilman Jablin seconded the
motion, which carried by unanimous 5 -0 vote. The City Clerk read
CITY COUNCIL REGULAR MEETING, 4/8/99 6
Ordinance 13, 1999 on Second Reading by Title Only.
Ordinance 14, 1999 Mayor Russo declared the Public Hearing open, duly advertised
3/24/99 and held on the intent of Ordinance 14 1999 - Providing for
An Amendment to Chapter 106, Article II Entitled "Art" of the City
Code of Ordinances; Providing for Amendment to Section 106 -28
Entitled, "Art Advisory Committee (AAC) "; Providing for
Codification, Providing for Severability; Providing for Repeal of
Conflicting Ordinances; and Providing for an Effective Date - for
consideration of Second Reading and Adoption. Hearing no
comments from the public, Mayor Russo declared the public hearing
closed.
Councilman Clark made a motion to approve Ordinance 14, 1999
for Second Reading and Adoption. Councilman Jablin seconded the
motion, which carried by unanimous 5 -0 vote. The City Clerk read
Ordinance 14, 1999 on Second Reading by Title Only.
Ordinance 15, 1999 Mayor Russo declared the Public Hearing open, duly advertised
3/24/99 and held on the intent of Ordinance 15 1999 - Providing for
An Amendment to Chapter 2, Article III, Division 3 Entitled
"Beautification and Environmental Committee "; Providing for
Codification, Providing for Severability; Providing for Repeal of
Conflicting Ordinances; and Providing for an Effective Date - for
consideration of Second Reading and Adoption. Hearing no
comments from the public, Mayor Russo declared the public hearing
closed.
Councilman Clark made a motion to approve Ordinance 15, 1999
for Second Reading and Adoption. Councilman Jablin seconded the
motion, which carried by unanimous 5 -0 vote. The City Clerk read
Ordinance 15, 1999 on Second Reading by Title Only.
RESOLUTIONS:
Resolution 45, 1999 Councilman Clark made a motion to approve Resolution 45, 1999 -
Consideration of Approval of Policies and Procedures for
Development Petitions. Councilman Jablin seconded the motion,
which carried by unanimous 5 -0 vote.
RESOLUTIONS
Resolution 48, 1999 Councilman Jablin made a motion to approve Resolution 48, 1999 -
Consideration of Approval of Appointment of One Alternate
is Member to the Education Advisory Board with the name John
CITY COUNCIL REGULAR MEETING, 4/8/99 7
• Gardner in Section One. Councilman Clark seconded the motion,
which carried by unanimous 5 -0 vote.
Resolution 51, 1999 Principal Planner Kim Glas Castro provided general information on
concurrent processing and the need to change the burden of proof
from staff to the petitioner as to why concurrent processing was not
a good idea. Staff recommended denial of Resolution 51, 1999,
Consideration of Approval of a Concurrent Processing Agreement
with Soverel Harbor MXD. Agent for petitioner Henry Skokowski
offered to delay this request until a later date. Resolution 51, 1999
was postponed and petitioner was directed to work further with
staff .
Resolution 52, 1999 Agent for the petitioner Henry Skokowski explained the petitioner's
position and requested approval for Resolution 52, 1999 -
Consideration of Approval of a Concurrent Processing Agreement
with Marina Gardens, Lot 8. Growth Management Director
Manning advised that staff could recommend approval upon receipt
of a letter from Palm Beach County.
Councilman Clark made a motion to approve Resolution 52, 1999.
Vice Mayor Furtado seconded the motion, which carried by
unanimous 5 -0 vote.
Resolution 54, 1999 Agent for the petitioner Kerry Kilday explained the petitioner's
position and requested approval for Resolution 54, 1999 -
Consideration of Approval of a Concurrent Processing Agreement
with Frenchman's Creek DRI/PCD Amendment. Resolution 51,
1999 was postponed and petitioner was directed to work further
with staff .
RESOLUTIONS
Resolution 49, 1999 The City Council sat as the Landscape Board of Adjustment to hear
Resolution 49, 1999 - Consideration of Approval of a Landscape
Variance for Sunny Plaza.
Councilman Clark made a motion to approve Resolution 49, 1999.
Vice Mayor Furtado seconded the motion, which carried by
unanimous 5 -0 vote.
ITEMS FOR COUNCIL
ACTION
• Waiver From Mixed -Use
CITY COUNCIL REGULAR MEETING, 4/8/99 8
Residential Components
(Catalfumo- Parcel 28.01) Principal Planner Kim Glas Castro recommended approval of a
waiver from Mixed Use Residential Components for Parcel 28.01,
with specific criteria. Henry Skokowski spoke on behalf of the
petitioner.
Waiver From Mixed -Use
Residential Components
(John C. Bills - Parcel 30.03)
Purchase Mobile Motorcycle
Radios
CITY ATTORNEY
REPORT
Councilman Clark made a motion to approve the Waiver From
Mixed -Use Residential Components (Catalfumo- Parcel 28.01).
Vice Mayor Furtado seconded the motion, which carried by
unanimous 5 -0 vote.
Principal Planner Kim Glas Castro recommended approval, stating
the request met two of the waiver criteria. Henry Skokowski spoke
on behalf of the petitioner.
Councilman Clark made a motion to approve the Waiver From
Mixed -Use Residential Components (John C. Bills - Parcel 30.03).
Vice Mayor Furtado seconded the motion, which carried by
unanimous 5 -0 vote.
Councilman Clark moved approval of staff recommendation to
purchase mobile motorcycle radios through piggy - backing as a sole
source. Vice Mayor Furtado seconded the motion, which carried by
unanimous 5 -0 vote.
The City Attorney advised there was no report; however, requested
reconsideration of approval of Resolution 49, 1999 since it had been
discovered that inadvertently Section II provided an automatic 12-
month expiration to the variance, which was inappropriate.
Councilman Clark made a motion to reconsider Resolution 49,
1999. Councilman Jablin seconded the motion, which carried by
unanimous 5 -0 vote. Councilman Clark made a motion to approve
Resolution 49, 1999 with deletion of Section II. Councilman Jablin
seconded the motion, which carried by unanimous 5 -0 vote.
Councilman Sabatello requested consideration of using funds from
the Art in Public Places fund to have an artist modernize the City's
logo.
CITY COUNCIL REGULAR MEETING, 4/8/99
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Mayor Russo thanked staff and the attorneys for their recent hard
work on the moratorium issue.
ADJOURNMENT There being no further business to discuss, upon motion by
Councilman Jablin, secondedouncilman Clark, carried 5 -0, the
meeting was Ajqurneot 1 p.m.
APPROVAL:
ATTEST:
SO
ME
PRO TEM ERIC JABLIN
COUNCILMAN D CLARK
COUNCX'MA CARL SABATELLO
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LINDA V (/KOSIER, CMC, CITY CLERK