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HomeMy WebLinkAboutMinutes Council 031899• CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING MARCH 18, 1999 The March 18, 1999, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:30 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. RESOLUTIONS Councilman Clark made a motion to approve Resolution 40, 1999 - Declaring the Results of the City's General Election held March 9, 1999, to Fill the Groups 1, 3 and 5 seats. Vice Mayor Furtado • seconded the motion, which carried by unanimous 5 -0 vote. ADM NISTRATION OF OATHS OF OFFICE Judge Sandra McSorley administered oaths of office to David Clark, Eric Jablin, and Lauren Furtado to fill seats 1, 3, and 5 respectively, which terms of office expire March 2002, and remarked on the responsibilities of the elected officials. REORGANIZATION Council member Furtado made a motion to appoint Councilman Clark as Temporary Chairman to elect a Mayor and Vice Mayor. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Council member Furtado made a motion to nominate Joe Russo as Mayor. Councilman Jablin seconded the motion. Joe Russo expressed his desire to continue as Mayor at this time. The motion carried by unanimous 5 -0 vote. Councilman Jablin made a motion to nominate Loren Furtado as Vice Mayor. Mayor Russo seconded the motion. The motion carried by unanimous 5 -0 vote. • Mayor Russo made a motion to nominate Eric Jablin as Chairman CITY COUNCIL REGULAR MEETING, 3/18/99 2 • Pro -Tem. Vice Mayor Furtado seconded the motion. The motion carried by unanimous 5 -0 vote. Mayor Russo made a motion to adopt Resolution 41, 1999 - Appointment of Mayor and Vice Mayor - with the names Joseph R. Russo as Mayor, Lauren Furtado as Vice Mayor, and Eric Jablin as Chairman Pro -Tem. Motion was seconded by Councilmember Jablin and carried by unanimous 5 -0 vote. Mayor Russo commented on the status of events within the City and future challenges.. CITY MANAGER REPORT City Manager Herakovich reported the recent neighborhood program was well attended. The City Manager reported Public Works had begun rough grading for sidewalks in Shady Lakes. Frenchman's Creek Charities had notified the City that the Fire Department would be the recipient of a generous donation to be announced April 1. The fire crew that had gone to assist with fires in Collier County had returned safely. The City Manager extended • appreciation to County staff to move the yellow light at Riverside Drive and Burns Road into a full traffic signal; and reported FDOT had agreed to conduct a warrant study on the PGA Boulevard/Hickory Drive intersection. The City Manager reported that the City's third canine became fully operational this week. City Manager Herakovich reminded the City Council that the Parks and Recreation Board would hold a very exciting meeting on March 30 when Consultant David Barth would present his idea for an urban entertainment center. The City Manager reported that Mr. Vavrus was present at tonight's meeting and that he had expressed concern that a stop work order had been issued on his timber harvesting. Mr. Vavrus explained he was quite perturbed with the order to stop harvesting timber and not to have any more calves on the ranch, and was ready to go to a lawsuit. Mayor Russo explained that Mr. Vavrus felt the State law superseded the City law, but the City Attorney felt differently. Mr. Vavrus distributed copies of a State statute which he believed to be applicable. Mr. Vavrus was advised he could apply to harvest timber as a conditional use, and it was the consensus of the City Council by 3 -2 -3 that staff look at the differences in uses between the City of Palm Beach Gardens and • the County to see if the City needed to make changes, and if they CITY COUNCIL REGULAR MEETING, 3/18/99 3 • could make changes to be the same as the County, and to look into an agricultural designation for the property and determine the criteria for such a designation. Mayor Russo requested information as to what other communities did in regard to timber harvesting. City Attorney Post stated her understanding that Mr. Vavrus was continuing to harvest and the City's only option was to file an injunction in court. RE -ORDER AGENDA Councilman Clark made a motion to re -order the agenda to put Ordinance 18 after Comments from the Public and hear items by Mayor and Council later. Motion was seconded by Councilman Jablin, and carried by unanimous 5 -0 vote. AWARDING OF BIDS Cable Wiring for Municipal Complex Councilman Clark made a motion to approve the staff recommendation to accept the bid from Net Telcom Corporation, in the amount of $143,951, to provide fiber optic cabling of computer and telephone wiring, internal police paging system, connecting all three buildings, as well as provide coaxial cable for • TV circuits for the future. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Revised Bid for Vehicles Councilman Clark made a motion to approve the staff recommendation to purchase from the Palm Beach Sheriff's Contract three bi -fuel trucks for Parks and Recreation Department in the amount of $46,578. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. COMMENTS FROM THE PUBLIC Betty Ann Petruzzi reported the neighborhood crime use program was now in place in her neighborhood, that she had been working with the police on the bar situation, and urged the City to annex the property on Northlake Boulevard where the billboard was located. Ms. Petn»zi reported the 6th child in two years had been hit at the Winn Dixie crossing and a school crossing guard was needed at that location. ORDINANCES Ordinance 18, 1999 City Attorney Post explained that Ordinance 18, 1999 - Providing for Declaration of a Moratorium on Development within the City was presented as a draft for this workshop discussion for • consideration of First Reading and with further direction requested CITY COUNCIL REGULAR MEETING, 3/18/99 4 from the City Council. Land Use Attorney Nancy Stroud reviewed the draft ordinance, and answered questions from the City Council members. Growth Management Director Roxanne Manning also answered questions and spoke regarding the importance of several issues, including code revisions, traffic and level of service issues, and review of fees, to help in the application approval process. Commissioner Karen Marcus spoke regarding working together, that it would take time to work out traffic decisions, and promised as quick a turn around time as possible from the County after they were provided information. Removing MacArthur Boulevard from the County's plan and designating four lanes on PGA Boulevard were discussed. Henry Skokowski questioned whether a moratorium was really necessary with the procedures already in place and explained that it was not easy to file an application with the present requirements, and expressed hope that additional items requested by staff would be reasonable. Mr. Skokowski expressed his opinion regarding different types of development that should be allowed to go through and should not be penalized by the moratorium, including mixed used development. John Gary expressed concern that his clients would be negatively affected • financially by this ordinance, and questioned whether staff would really be under the amount of pressure which was anticipated. Mr. Gary submitted a letter to each member of the City Council containing his opinion of what had really happened over the past few months, when only three contracts had actually closed, and only two more that would be closed. Staff listed several more petitions that had been submitted. Mr. Gary reported WCI had restricted density by 50% on their own by placing a restriction clause in their contracts, which was verified by Mr. Al Hoffman of WCI, who explained additional restrictions which were in their contracts. Mr. Hoffman requested the City delay this enforcement legislation at least 45 days to let WCI present their unified plan, agreed to restrict the use of any properties to the numbers discussed for 45 days, and promised to do nothing to detract from the PCD process. Mayor Russo expressed willingness to listen but stated the residents must be protected. The City Manager stated staff's position was to adopt Ordinance 18, 1999. The City Council requested that WCI make a proposal to achieve the goals of the City. Staff was directed to bring Ordinance 18, 1999 back for consideration of first reading on March 29, 1999. CONSENT AGENDA Councilman Clark moved approval of the Consent Agenda. The 0 motion was seconded by Councilman Jablin and carried by CITY COUNCIL REGULAR MEETING, 3/18/99 5 • unanimous 5 -0 vote. The following items were listed on the Consent Agenda: 1. Proclaiming May 2 -8, 1999 as "National Drinking Water Week" 2. Proclaiming March 20, 1999 as "Marc McGuire Day" 3. Resolution 42, 1999 - Supporting a Major Urban Initiative as Part of a Successor Program to Florida Preservation 2000 Program Which Would Assist Communities in Providing Outstanding Park, Recreation and Conservation Areas. 4. Resolution 43, 1999 - Canceling the 4/1/99 Regular Meeting of the City Council Due to Passover Holiday and Rescheduling Same for 4/8/99. PUBLIC HEARINGS Ordinance 3, 1999 Principal Planner Kim Glas Castro explained that Ordinance 3, 1999 designated the Planning and Zoning Commission also to act as Land Development Regulation Commission and Local Planning Agency. Mayor Russo declared the Public Hearing open, duly advertised 3/3/99 and held on the intent of Ordinance 3, 1999 - • Providing for Amendment of Chapter 2, Division 4 of the Code of Ordinances, Entitled "Planning & Zoning Commission ", By Providing for Amendment of Section 2 -161 of the Code of Ordinances, Entitled "Powers and Duties" by Adding the Duties of the Land Development Regulation Commission; Providing for Codification, for consideration of Second Reading and Adoption. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Furtado made a motion to approve Ordinance 3, 1999 for Second Reading and Adoption. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 3, 1999 on Second Reading by Title Only. Ordinance 10, 1999 Principal Planner Jim Norquest presented the project. Henry Skokowski, agent for the applicant, spoke on behalf of the applicant and presented a graphic which had been previously requested. Mayor Russo declared the Public Hearing open, duly advertised 3/3/99 and held on the intent of Ordinance 10, 1999 - Providing for Rezoning of 2.23 Acres From Professional Office to Planned Unit Development in Order to Construct 32,500 Square Feet of Office Space to be Known as Village Square Professional Park, for • consideration of Second Reading and Adoption. Hearing no CITY COUNCIL REGULAR MEETING, 3/18/99 6 • comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark made a motion to approve Ordinance 10, 1999 for Second Reading and Adoption. Councilman Jablin seconded the motion, which carried by 3 -2 vote with Mayor Russo and Councilman Sabatello opposed. The City Clerk read Ordinance 10, 1999 on Second Reading by Title Only. Ordinance 11, 1999 Mayor Russo declared the Public Hearing open, duly advertised 3/3/99 and held on the intent of 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 2 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, for which postponement was requested by the applicant. Councilman Clark made a motion to postpone the Public Hearing for Ordinance 11, 1999 for Consideration of Second Reading and Adoption to April 8, 1999. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. Staff explained there was not a specific code requirement at this time to limit the placement height of wall signs but it had been policy to set the height limit at the 4th floor, however, it was scheduled for Planning and Zoning. Mayor Russo cautioned that an item not in the code for which an applicant could show justification must be granted. RESOLUTIONS: Resolution 15, 1999 Principal Planner Kim Glas Castro reported that the Northlake Boulevard Corridor Task Force had requested $60,000 to move on to Phase II, or $20,000 from each municipality. Vice Mayor Furtado reported the County had already set aside $500,000 for this project. • Councilman Clark made a motion to approve Resolution 15, 1999 - Consideration of Approval of Allocation of Money to the Northlake CITY COUNCIL REGULAR MEETING, 3/18/99 7 Boulevard Corridor Task Force. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 27, 1999 Principal Planner Jim Norquest presented Resolution 27, 1999 - Consideration of Approval of Art in Public Places for the City Centre. Henry Skokowski reported the request was for any excess dollars to be available for the remaining phase, and the art had been was approved by the Art in Public Places Committee. Councilman Clark made a motion to approve Resolution 27, 1999. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. Resolution 28, 1999 Growth Management Director Roxanne Manning presented Resolution 28, 1999 - Consideration of Approval of an Amendment to the Devonshire Life Care Facility Site Plan for a change in entrance gate and wall. Henry Skokowski spoke on behalf of the applicant. Landscaping was discussed. Councilman Clark made a motion to approve Resolution 28, 1999. Vice Mayor Furtado seconded the motion. Following discussion, the motion and second were withdrawn to allow Steve Tendrich of Devonshire Associates, Ltd., to speak. Mr. Tendrich explained that the new gates had been recommended by their management company who had found the original color and type gates to be a problem in other assisted living facilities. Following discussion, the petitioner agreed to make the gates white. It was agreed to add this item to the agenda of the Special Regular meeting on March 29, 1999. Resolution 29, 1999 Councilman Clark made a motion to approve Resolution 29, 1999 - Consideration of Approval of Appointment to the Art Advisory Committee, with the name Sheryl Wood inserted into the blank. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 30, 1999 Vice Mayor Furtado made a motion to approve Resolution 30, 1999 - Consideration of Approval of Appointments to the Parks and Recreation Advisory Board, with the names Ed Oliver and Mike Simon inserted into the blanks. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. • Resolution 33, 1999 Councilman Clark made a motion to approve Resolution 33, 1999 - CITY COUNCIL REGULAR MEETING, 3/18/99 8 lqw Consideration of Approval of Appointments to the Fire Pension Board of Trustees, with the name Hugh William Perry inserted into the blank in section one. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 50, 1999 Councilman Jablin made a motion to approve Resolution 50, 1999 - Consideration of Approval to convene all Regular Meetings of the City Council at 7:00 p.m. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. ITEMS FOR COUNCIL ACTION Motorola Contract Amendment Councilman Clark made a motion to approve the proposed amendment to the contract for Motorola for Purchase of Radio Equipment. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. ITEMS FOR DISCUSSION Procedures for Development Petitions Assistant City Manager Richard Diamond presented requested information from staff and the City Attorney in the form of a draft ordinance containing an outline to be followed for presentations of development petitions before the City Council. The proper time for disclosure of ex parte communication was discussed. Discussion ensued regarding whether the petitioner should report at the second presentation on whether requests made by the City Council had been satisfied; it was determined that staff should give a brief description of the nature of the petition or amendments. Ken Blair from Catalfumo requested clarification on specific items, and was requested to discuss the issue with staff. Christ Fellowship Church Progress Report Staff requested that this item be brought back at a later date. Appointment of Council Liaisons All City Council members agreed to continue their present City Council Liaison positions. Mayor Russo announced that the next regular meeting on April 8, 1999 would begin at 7 p.m. Mayor Russo requested homework be • done ahead of time so that the half -hour session beginning at 7 p.m. could stay focused. Councilman Sabatello discussed the pocket CITY COUNCIL REGULAR MEETING, 3/18/99 L area proposed for annexation and requested that the original plan for the strip shopping center be pulled to determine the approved landscaping so that the property owner could be cited. The situation with WCI was discussed and staff was thanked for their work on this issue. CITY ATTORNEY REPORT City Attorney Post clarified that the Monday March 29 meeting would begin at 7 p.m. City Attorney Post reported on the Northmil lawsuit that the Court action placed the petition back at the point before the vote of the City Council, and that the City Attorney's office would advise as to what steps should be taken within the next 30 days. CITY COUNCIL REGULAR MEETING, 3/18/99 10 ADJOURNMENT There being no further business to discuss, upon motion by Councilman Clark, seconded by ouncilman Jablin, carried 5 -0, the meeting was adj at 0 APPROVAL: MAY A. RUSSO 1 � PRO TEWERW JABLIN COUNCILMAN VID CLARK COUNCILMAN CARL SABATELLO ATTEST: �A KOSIER, CMC, CITY CLERK