HomeMy WebLinkAboutMinutes Council 032999• CITY OF PALM BEACH GARDENS
CITY COUNCIL
SPECIAL MEETING
MARCH 29, 1999
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The March 29, 1999, special 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 Administrative Assistant City to the City Manager 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.
CONSENT AGENDA Councilman Clark moved approval of the Consent Agenda. The
motion was seconded by Vice Mayor Furtado. During discussion
of the motion, Councilman Jablin reported a comment that some
residents were concerned that a deceleration turn lane going into
Devonshire might be needed in the future. Motion carried by
unanimous 5 -0 vote. The following items were listed on the
Consent Agenda:
1. Resolution 28, 1999 - Consideration of Approval of an
Amendment to the Devonshire Life Care Facility Site Plan.
PUBLIC HEARINGS:
Ordinance 18, 1999 Mayor Russo declared the Public Hearing open, duly advertised
3/22/99 and held on the intent of Ordinance 18, 1999 - Providing for
Declaration of a Moratorium on Development within the City, for
consideration of First Reading. Attorney Nancy Stroud reviewed
changes which had been made to Ordinance 18, 1999 since the last
meeting. Changes had been made in section 3(A), paragraph C, and
paragraph F. A request was made to add the word "lot" to the
change in section 3(A). Growth Management Director Roxanne
Manning provided a summary of why staff believed a moratorium
was justified. Traffic concerns were discussed, including possibly
widening PGA Boulevard west of the turnpike to six lanes. Mayor
Russo requested the City Attorney provide direction at the next
meeting as to whether this issue should be considered in regard to
imposing a moratorium, and what other issues were relevant. Palm
CITY COUNCIL SPECIAL MEETING, 3/29/99 2
is Beach County Commissioner Karen Marcus reported all proposed
projects would be studied for traffic impacts during the initial time
frame, and that if it were determined that PGA Boulevard west of
the turnpike would work with four lanes and that was what the City
desired, then a request could be made to the County to show it on
their thoroughfare plan at four lanes as opposed to six lanes.
Commissioner Marcus answered additional questions.
Bill Perry Bill Perry, representing the purchaser of the apartment site adjacent
to the MacArthur Center, encouraged the City Council to avoid
instituting a moratorium, since as a resident he did not believe it was
in the best interests of the City. Mr. Perry requested if a
moratorium were established, that developments be allowed to
proceed which had been included in traffic counts for years, even
with minor variations - -so long as those variations did not change the
basic character of the development. Mr. Perry proposed language
to clarify this issue for staff, which he had submitted to the City
Attorney for consideration.
Jerry Schmoyer Jerry Schmoyer commented WCI had taken the comments made at
• the last meeting very seriously and were in the process of working
through an agreement which they believed would address the issues
laid out by staff. Mr. Schmoyer commented they were looking
forward to a partnership and addressing those issues in an
affirmative, substantial and clear way.
Dave Talley Dave Talley, President of the 1100- member Northern Palm Beaches
Chamber of Commerce, stated he was present to voice the
members' displeasure regarding the proposed building moratorium.
Mr. Talley stated in his opinion a moratorium would send the wrong
message -- anti - growth rather than managed growth. Mr. Talley
stated that a building moratorium would have tremendous economic
impact, and would prevent developers from turning land into a profit
quickly in order to pay off lenders; and that just talking about a
moratorium was putting developers in a position of rushing forward -
-the very thing the moratorium was meant to avoid. Mr. Talley
stated six months was an eternity in the building business, and asked
that developers not be penalized because the City lacked sufficient
staff in the Planning Department. Mr. Talley requested an extra 45
days to allow companies to present their own proposal on how to
handle expanded growth without a moratorium. Mr. Talley stated
that the Northern Palm Beaches Chamber of Commerce, on behalf
• of its development and contractor members, including Catalfumo,
CITY COUNCIL SPECIAL MEETING, 3/29/99 3
• The Benjamin School, WCI, DiVosta, and Gardens Mall, was
opposed to a building moratorium. Mayor Russo stated that the
policy of the City was that they needed proof of a vote on this issue;
to which Mr. Talley responded a vote would be taken at their Board
meeting the first week in April.
Linda Mundt Linda Mundt, resident of Garden Woods, expressed support for the
City Council, stated she had been unable to obtain traffic statistics,
and asked the City Council to stand fast and to do the job for which
they had been elected.
Linda Hughey Resident Linda Hughey spoke in support of the moratorium, which
would allow time for the City to position themselves to deal with
growth, and expressed her opinion that the developers should work
with the City.
Growth Management Director Roxanne Manning stated that staff
recommended the City Council approve Ordinance 18, 1999.
Hearing no further comments from the public, Mayor Russo
• declared the Public Hearing closed.
Mayor Russo made comments regarding developers' efforts to come
up with an agreement to address the problems without instituting a
moratorium; stated that at the last meeting the City Council had
stated what they wanted; and that he would vote in favor of the
Ordinance until an agreement had been worked out answering those
desires. Mayor Russo stated he welcomed such an agreement and
that such a proposed agreement was needed at least a week before
the City Council meeting for consideration of second reading and
approval of Ordinance 18, 1999, to provide an opportunity for all
Council members and staff to review the proposed agreement.
Mayor Russo stated everyone had worked through staff during the
past ten days, which was how he wished to continue. Mayor Russo
commented many business people and developers had commented
the City Council was doing the right thing, and that he would vote
for the moratorium tonight and also at the next meeting unless an
agreement protecting the City had been accepted. Mayor Russo
reported WCI had met many times with staff even though the point
had not been reached to provide material for discussion at tonight's
meeting. Jerry Schmoyer, representing WCI, reported meeting with
staff and members of the development community and exploring
• alternatives to a moratorium. Some progress had been made, and
CITY COUNCIL SPECIAL MEETING, 3/29/99
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a proposed agreement was anticipated by April 8. Vice Mayor
Furtado expressed disappointment that no material was available for
discussion at this point.
Vice Mayor Furtado made a motion to approve Ordinance 18, 1999
on First Reading by Title Only. Councilman Jablin seconded the
motion. Vice Mayor Furtado withdrew the motion; Councilman
Jablin withdrew the second, in order to hear further comments from
the WCI representative, who stated this was complicated material,
there were many things to go over, and the members of the
development community were well aware of how complicated this
was and how serious the City was, and they would seriously
continue work with the hope to provide a realistic alternative to a
moratorium by April 8. Vice Mayor Furtado recalled that in
January, Mr. Hoffinan of WCI had made a presentation to the City
Council which had been lacking in issues important to the City, and
expressed disappointment that the work had only been done during
the last eleven days. Councilman Sabatello urged that focus be on
the future rather than the past. Mayor Russo expressed
understanding for frustrations created because work had not been
started earlier, but asked that as many hours as possible be devoted
by WCI to working on an agreement. Vice Mayor Furtado clarified
she was not looking to the past, but hoped more progress would be
made during the next two weeks than had been made in the last four
months.
Vice Mayor Furtado made a motion to approve Ordinance 18, 1999
on First Reading by Title Only.. Councilman Jablin seconded the
motion. Motion carried 4 -1, with Councilman Clark voting against
the motion. The Administrative Assistant to the City Manager read
Ordinance 18, 1999, on First Reading by Title only.
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CITY COUNCIL SPECIAL MEETING, 3/29/99
67
ADJOURNMENT There being no further business to discuss, upon motion by
Councilman Jabli econded by Councilman Clark, the meeting
was adjourned p.
APPROVAL:
/MA'M0OSEPH R. RUSSO
VICE MAYOR LAUREN FURTADO
CHAIPWAN PRO TEM ERIC
COUNCILMAN DAVID CLARK
COUNCILMAN C SABATELLO
ATTEST:
C-C
CINDY HARVEY, Administrave Assistant
to the City Manager