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HomeMy WebLinkAboutMinutes Council 032999• CITY OF PALM BEACH GARDENS CITY COUNCIL SPECIAL MEETING MARCH 29, 1999 is 0 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 4 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. r] 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