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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 r� U 0 0 CITY COUNCIL REGULAR MEETING, 4/8/99 2 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 0 0 CITY COUNCIL REGULAR MEETING, 4/8/99 2 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 E 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 41�0� �*&�r a0ev, aAle LINDA V (/KOSIER, CMC, CITY CLERK