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