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HomeMy WebLinkAboutMinutes Council 031998CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING MARCH 19, 1998 The March 19, 1998, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:30 p.m. by Mayor Joseph R. Russo in the City 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 following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Lauren W. Furtado, Councilwoman Linda Monroe, Councilman Eric Jablin and Councilman David Clark, who was available by speaker phone. RESOLUTIONS Vice Mayor Furtado made a motion to approve Resolution 25, 1998 - Declaring the Results of the City's General Election held March 10, 1998, to fill the Group 2 and Group 4 Seats. Councilman Jablin seconded the motion which unanimously carried by 5 -0 vote. 0 ADMIMSTRATION OF OATHS OF OFFICE Councilwoman Monroe, outgoing City Council member, made remarks regarding accomplishments by the City Council during the past 18 years she had served on the Council and gave each of the other City Council members gifts of appreciation consisting of individualized refrigerator magnets with appropriate poems. The City Council members thanked Councilwoman Monroe for her contribution to the City during her term in office. Judge Walter N. Colbath, Jr. made remarks concerning the City Council's representation of the people, and administered the Oath of Office to Joseph R. Russo and Carl Sabatello to fill Seats 2 and 4 respectively, which terms of office expire March 2001. ROLL CALL The following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Lauren W. Furtado, Councilman Eric Jablin, Councilman David Clark, who was available by speaker phone, and Councilman Carl Sabatello. REORGANIZATION 1. Councilman Jablin made a motion to appoint Joseph R. Russo as Temporary Chairman to elect Mayor and Vice Mayor. Motion was seconded by Lauren W. Furtado and carried by unanimous 5- 0 vote. • CITY COUNCIL REGULAR MEETING 3/19/98 PAGE 2 2. Councilman Jablin made a motion to appoint Joseph R. Russo as Mayor for the coming year. Motion was seconded by Lauren W. Furtado and carried by unanimous 5 -0 vote. Councilman Jablin made a motion to appoint Lauren W. Furtado as Vice Mayor for the coming year. Motion was seconded by Councilman Carl Sabatello and carried by unanimous 5 -0 vote. 3. Vice Mayor Furtado made a motion to appoint Councilmember Eric Jablin as Chairman Pro Tem in absence of both the Mayor and Vice Mayor. Motion was seconded by Councilman David Clark and carried by unanimous 5 -0 vote. 4. Chairman Pro Tem Jablin made a motion to approve Resolution 26, 1998 - Appointment of Mayor and Vice Mayor. Motion was seconded by Vice Mayor Lauren W. Furtado and carried by unanimous 5 -0 vote. 5. It was the consensus of the City Council that Councilman Sabatello replace Councilman Clark as Liaison to the Planning and Zoning Commission; and that Chairman Pro Tem Jablin remain as Liaison to the Art Advisory Committee. Vice Mayor Furtado suggested that the Art Advisory Committee be expanded to include performing arts, to which Mayor Russo responded that research would need to be done regarding the ordinance and then this item revisited. The following Liaisons were appointed: Beautification Committee - Councilman Clark; Code Enforcement - Councilman Sabatello; Economic Advisory Group - Mayor Russo; Education Advisory Board - Chairman Pro Tem Jablin, Loxahatchee Council of Governments - Councilman Clark; Municipal League - Mayor Russo; NAMAC - no appointment; North County Planning Forum - Councilman Clark; Parks and Recreation - Vice Mayor Furtado; Northlake Boulevard Task Force - Vice Mayor Furtado; P.B.C. Metropolitan Planning - Vice Mayor Furtado. COMMENTS BY MAYOR Mayor Russo stated the City was growing in the right direction and made comments regarding the great quality of life in the City. Mayor Russo complimented the two candidates who ran in the recent election for conducting a great campaign. The Mayor detailed future projects • and asked the City Council to work harder to bring the City together as one City. 0 CITY COUNCIL REGULAR MEETING 3/19/98 PAGE 3 CITY MANAGER REPORT City Manager Herakovich recommended that Palm Beach Gardens High School be granted permission to hold a flea market on the former church property to raise funds for Project Graduation. Vice Mayor Furtado requested that the high school be given a rain date if necessary, and that a memo be sent to Dwyer High School inviting them to also use the site to hold a flea market for their Project Graduation if they wished. City Manager Herakovich reported that the Juvenile Justice Commission of the Municipal League had requested a City Council representative. Vice Mayor Furtado volunteered to hold that position. City Manager Herakovich reported that leaks in the roof had made necessary closing half the Fire Department, and a firm had been engaged to monitor the asbestos levels. Fire Department personnel would be moved into the Recreation area while repairs were made. It was the consensus of the City Council to go forward with plans for moving into temporary quarters and that the plan be discussed at the 0 next meetmg. ITEMS BY MAYOR AND COUNCIL Vice Mayor Furtado reported that PGA Boulevard would be under construction with the proposed flyover for two years, and that widening of the I -95 overpass on Burns Road was scheduled after that. At a meeting being held that evening, the Vice Mayor's request was being presented by the MPO to allow funds to be allocated to widen the I -95 overpass on Burns Road before the flyover construction was started. City Manager Herakovich reported that a presentation on the flyover would be made by DOT at the first City Council meeting in April. Vice Mayor Furtado requested that staff review the Eminent Domain legislation and provide information in the next week's packets, in order to consider an amendment to the Comprehensive Plan to assure that associated densities and intensities in the implementation of the land use element section would insure that density and intensity assignments' did not exceed natural or man-made constraints of an area. Vice Mayor Furtado reported that applications were being accepted for ISTEA funds, to which the City Manager responded that staff was already working on the applications. • Mayor Russo reported he and another member of the Municipal 0 0 CITY COUNCIL REGULAR MEETING 3/19/98 PAGE 4 League favored revisiting the issue of school concurrency. Chairman Pro Tem Jablin reported plans to set up a small focus group to work on the issue, with focus on the items each group agreed on rather than their differences. Councilman Clark congratulated new Councilman Sabatello on his election to the City Council. COMMENTS FROM THE PUBLIC Mark Joyce, 834 Windermere Way, stated he was a paramedic for the City and wanted to make the City Council aware of the deplorable living conditions at Fire Station No. 1, and appreciated the plan to move forward with repairs. PRESENTATIONS City Manager Herakovich presented to City Forester Mark Hendrickson the National Arbor Day Foundation award making the City of Palm Beach Gardens a Tree City for the tenth year in a row. The City Manager commended the City Forester and the B & E Committee for their efforts. AWARDING OF BIDS: Summer Bus Transportation Vice Mayor Furtado made a motion to approve the awarding of the RFP for Summer Bus Transportation to Quality Transport Services, Inc., of Ft. Lauderdale, Florida, in the amount of $61,875.00. The motion was seconded by Councilmember Sabatello and unanimously carried by vote of 5 -0. Annual Road Resurfacing After discussion and a presentation from Bob Patty regarding micro surfacing, Vice Mayor Furtado made a motion to approve the awarding of the RFP for the Annual Road Resurfacing Contract by piggybacking the current Orange County contract to award the work to Florida Highway Products, Inc., in the amount of $220,000. The motion was seconded by Chairman Pro Tem Jablin and unanimously carried by vote of 5 -0. COMMENT BY MAYOR Mayor Russo requested that a letter of thanks be sent to NYAA for their cooperation in doing background checks. CONSENT AGENDA Vice Mayor Furtado made a motion to approve the Consent Agenda with corrections made by Councilman Clark. The motion was seconded by Councilman Clark and unanimously carried by vote of 0 CITY COUNCIL REGULAR MEETING 3/19/98 PAGE 5 5 -0. The following items on the Consent Agenda were approved: 1. Approval of 3/5/98 City Council Regular Meeting Minutes. 2. Proclaiming March 27 and 28, 1998 as "Relay for Life Days." 3. Resolution 22, 1998 - Consideration of Approval of a Site Plan for a 40,000 S.F. Office Building Located on Lot 3 within NorthCorp Planned Community District. RESOLUTIONS Resolution 21, 1998 Marty Minor reviewed the petition for site plan approval for construction of a 4 -story office building on 5.31 acres within the Regional Center DRI. Jeff Lis, agent for the petitioner, introduced Harold Smith, Architect; and Ray Hensler, Stiles Corporation, who commented on the project. Architect Harold Smith described the project and detailed the materials. Mayor Russo stated he would not be in favor of the covered parking. Chairman Pro Tem Jablin agreed because of the possibility of establishing a precedent. Mr. Lis requested the opportunity to leave this matter open until the petitioner could meet with Forbes Cohen, and if their objections could be overcome to return to the City Council for consideration. Howard Ostrout, Landscape Architect, explained the landscaping which was proposed to soften the parking structures. Councilman Sabatello stated he would support covered parking if it were more architecturally appealing. Councilman Clark agreed with Councilman Sabatello and stated he could be comfortable with a limited number of covered parking spaces if the architecture was good and the landscaping to soften it was acceptable. Mayor Russo directed the petitioner to meet with Forbes Cohen and come up with something that would work. Councilman Sabatello stated his objection to the metal roof. Vice Mayor Furtado expressed her preference for a roof color in an earth tone. Mayor Russo expressed his belief that green space had been sacrificed for larger parking spaces. Len Telka, Civil Engineer, explained the size of the berm elevation. Councilmember Sabatello requested that the petitioner revisit the pedestrian walkway. Mayor Russo questioned the number of parking spaces requested and whether a waiver could be allowed under the Code. Signage was reviewed. IS CITY COUNCIL REGULAR MEETING 3/19/98 PAGE 6 Councilman Jablin made a motion to approve Resolution 21, 1998 as amended by deleting under Section 2, number 6, covered parking elevation plans and renumbering all plans thereafter; and in section 3 after the current conditions of approval to add a condition number 3 which would read: prior to the issuance of the first building permit the petitioner shall provide updated plans deleting all references to covered parking; amending current condition 3 to be a new section 4 and amending the a, b, c, and d to read 1, 2, 3, 4; deleting a which referred to a waiver for covered parking and renumbering section 4 to be section 5. Councilman Clark seconded the motion, which carried by vote of 3 -2. Vice Mayor Furtado and Councilman Sabatello voted against the motion. Resolution 23, 1998 Councilman Jablin made a motion to adopt Resolution 23, 1998. appointing George Mastics as an Alternate Member of the Education Advisory Board. Councilman Sabatello seconded the motion, which carried by unanimous 5 -0 vote. Resolution 27, 1998 Growth Management Director Roxanne Manning reviewed the petition for providing for an expression of No Objection to PGA National becoming a controlled Ingress/Egress Community as provided for under said Chapter of the Special Acts of Florida. A memo from City Attorney Carole Wallace was reviewed in detail. Mayor Russo commented that Allen Lavin, President of CAN, 151 Coventry Place, Palm Beach Gardens, did not wish to speak; however had stated that the membership of CAN was strongly in favor of Resolution 27. Joan Altwater, 9180 Cypress Hollow Drive, objected to closing Ryder Cup Boulevard at the gate. Mayor Russo requested an update regarding the church on Northlake Boulevard and the code enforcement issues. Growth Management Director Roxanne Manning responded that the church had submitted a petition to try to come into compliance. Mayor Russo requested that the City Council be updated. Siro DeGasperis, 16 Martinique Cove, requested the City Council's support for Resolution 27, 1998. 0 Dexter D. Gould, 213 Legendary Circle, speaking for Devonshire, CITY COUNCIL REGULAR MEETING 3/19/98 PAGE 7 requested that the City Council support Resolution 27, 1998. Ken Jackson, 4432 Holly Drive, expressed opposition to Resolution 27, 1998. Julie Rossow, 9043 Cypress Hollow Drive, representing Cypress Hollow Homeowners Association, expressed opposition to Resolution 27, 1998. Milton Stern, 24 Cayman, resident of PGA National and Chairman of the Gate Committee, asked the City Council to support Resolution 27, 1998. Vice Mayor Furtado clarified that PGA National residents and not the general public were assessed for road improvements within PGA National; that the turnpike interchange would most likely be at the Beeline Highway; that another north -south road was needed; and expressed her support that this group move forward. 0 Councilman Sabatello stated he was in favor of Resolution 27, 1998 Councilman Clark expressed his opinion that the PGA National Residents should allow Cypress Hollow residents access through the gates, as well as other residents who relied on access to Ryder Cup, and favored Resolution 27, 1998. Chairman Pro Tern Jablin expressed support of Resolution 27, 1998, and his opinion that the POA should allow people currently using Ryder Cup to apply for a permit to enter the gate. Mayor Russo expressed his agreement that access should be granted to those who needed access for their work or other good reason, and expressed support for Resolution 27, 1998. Vice Mayor Furtado recommended that no further funds be spent on this project by the group until the catchment area study was completed in May. Chairman Pro Tern Jablin made a motion to approve Resolution 27, 1998. Councilmember Sabatello seconded the motion, which carried by unanimous 5 -0 vote. CITY COUNCIL REGULAR MEETING 3/19/98 PAGE 8 ITEMS FOR DISCUSSION Vice Mayor Furtado discussed the need for a shooting range in the north county area to be pursued with the MacArthur Foundation, which would be a cooperative effort between area municipalities.. Vice Mayor Furtado recommended that a date for a meeting be set up as soon as possible regarding the North -South Reliever road being placed on the north side of the school, and received assurance from the City Manager that she would arrange a meeting with all three engineers. Vice Mayor Furtado requested that the letter to FDOT previously discussed regarding the City not being advised on certain issues be sent. Vice Mayor Furtado requested that a right turn only be established for the office buildings across the street from the Dunkin' Doughnuts intersection on Military Trail. City Manager Herakovich reported a letter was being sent to DOT. CITY ATTORNEY REPORT 1. Stipulation had been signed by both parties to dismiss both actions in the case of Frenchman's Creek lawsuits regarding the restaurant, with each side to assume their own fees and costs. 2. The City had been challenged regarding their decision not to approve the Northmil Plaza development. 3. Palm Beach County had been contacted regarding school concurrency, and it was learned they had abandoned their efforts to insert language into the Comprehensive Plan regarding school concurrency because of a current moratorium imposed by the legislature. The City Attorney had concluded that no form of concurrency by the County or City was legal at this time. 4. Attorney Carole Wallace would begin attending City Council meetings on a rotating basis. Mayor Russo expressed his opinion that continuity should be observed by having one attorney attend all City Council meetings. It was the consensus of the City Council to discuss this matter at a City Council meeting. The City Attorney agreed to speak with 0 CITY COUNCIL REGULAR MEETING 3/19/98 PAGE 9 the City Manager in order to have this item scheduled for the next workshop meeting if time was available. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 10:20 p.m. APPROVAL: e -- L 1VI2�Y EP R. RUSSO XUREN FURTADO CfURMAN P" ERIC JABLIN • F ,� COUNCILMAN D LARK COUNCILMAK CARL SABATELLO ATTEST: "(Aeae� LINDA V. KOSIER, CITY CLERk