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HomeMy WebLinkAboutMinutes Council 080698CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING AUGUST 6, 1998 The August 6, 1998, Special 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. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted. CITY MANAGER REPORT City Manager Herakovich announced staff hoped to conclude negotiations regarding microsurfacing by the next City Council meeting, and staff met with residents of The Oaks to hear their concerns regarding bathrooms in the park facilities. The Police Department Annual Academy was announced to be held 9/10/98 through 10/15/98. AGENDA Mayor Russo announced the following items would not be heard at this meeting: Resolution 63, 1998, Resolution 83, 1998, Resolution 85, 1998, and Ordinance 13, 1998. RE -ORDER AGENDA Vice Mayor Furtado made a motion to re -order the agenda to hear Ordinance 48, 1997 before Ordinance 4, 1998. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. AWARDING OF BIDS Auction Services Councilman Clark made a motion, seconded by Vice Mayor Furtado, to award the bid to provide auction services for the annual City auction to Karlin Daniel & Associates. The motion carried by unanimous 5 -0 vote. School Crossing Guard Services n Councilman Jablin a motion, seconded by Vice Mayor Furtado, to . reject the bid submitted by Express Personnel Services to provide school crossing guard services, in the amount of $170,808. The motion carried by unanimous 5 -0 vote. It was the consensus of the • CITY COUNCIL REGULAR MEETING, 8/6/98 2 City Council to consider another plan for these services. ITEMS BY MAYOR AND COUNCIL Councilman Sabatello Councilman Sabatello stressed the importance of correcting the poor state of bathrooms at City parks; and the need for a policy on keeping residents updated and included in the process as problems were corrected. Discussion ensued regarding dialog with residents of The Oaks regarding the bathroom facilities, and residents of Lake Catherine regarding landscaping. Mayor Russo Mayor Russo reported he had informed Commissioner Marcus that the City was still interested in a Master Park. City Attorney David Acton provided information requested by Mayor Russo regarding a recent amendment by the Florida Legislature to the Comprehensive Plan law to establish concurrency in the sense that the City Council would have authority to deny a project on the basis of lack of adequate school facilities. Attorney Acton explained that research was not yet complete, however, findings to date indicated such authority would require County -wide adoption of a program involving the School Board, County Commission, and a majority of the municipalities. An alternative was that the City could work separately with the School Board regarding the impact the project would have, but the City Council could not reject the project and could not delay the project with a requirement to build a school by a certain date. Mayor Russo requested an update on this issue be scheduled for the next meeting. Council Jablin reported the County Commission had hired Leo Noble to provide a plan in the form of an interlocal agreement by the Municipal League, School Board, and County Commission which would comply with the new law. Mayor Russo questioned the amount the City would need to pay to participate in the Eastward Ho! Program for U.S. Highway One Corridor Improvements, to which the response was that the cost was $7,000 and that item would be on the next agenda for authorization. Councilman Jablin Councilman Jablin announced the Education Advisory Boards of Palm Beach Gardens, Lake Park, and Riviera Beach, as well as the North County Educational Foundation, would sponsor a forum to be held August 22, 1998 at 7 p.m. in the Palm Beach Gardens High School auditorium to meet the candidates for the School Board election, and that the forum would be televised county -wide on CITY COUNCIL REGULAR MEETING, 8/6/98 3 Channel 20 on August 24 and 31. COMMENTS FROM THE PUBLIC Sam Carsillo questioned what action had been taken by the City to obtain a portion of the $7.5 million settlement awarded to Florida in a lawsuit against the oil companies for overcharging at the gasoline pumps during 1972. Mr. Carsillo suggested that any monies obtained might be used toward construction of the new Municipal complex. Mayor Russo assured Mr. Carsillo he would receive a report on this matter from City staff. CONSENT AGENDA Vice Mayor Furtado made a motion, seconded by Councilman Clark, to approve the Consent Agenda. The motion carried by unanimous vote of 5 -0. The following items were approved on the Consent Agenda: 1. Approval of 7/16/98 City Council Regular Meeting Minutes. 2. Approval of 7/22/98 City Council Special Regular Meeting Minutes. 3. Resolution 81, 1998 - Consideration of Approval of Plat for BallenIsles Pod 7. PUBLIC HEARINGS: Ordinance 48, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised 7/22/98, and held on the intent of Ordinance 48, 1997, providing for Consideration of Approval for Annexation for Soverel North. Principal Planner Kim Glas reviewed the petition for annexation and commented that although the petitioner was also requesting a land use amendment, the issue under consideration was solely the annexation, and that since annexation would reduce the size of the county pocket; there were no objections to the annexation. Mayor Russo recalled his prior concern regarding density, in response to which Principal Planner Glas clarified that the City was in no way obligated to provide the petitioner with a different density than that designated by Palm Beach County. Henry Skokowski, agent for the petitioner, clarified that a portion of this matter was on tonight's agenda as part of the EAR land use plan amendment, and the property which would be presented for development plan approval incorporated this piece of county land requested to be annexed into the City; however, the overall development plan for this property involved annexation into the City, and also redesignating to a • CITY COUNCIL REGULAR MEETING, 8/6/98 4 slightly higher density in order to allow the overall parcel to come in as a residential project. The southern portion of the property fronting on the marina was currently zoned commercial, and a full analysis had been done to ascertain the potential impacts of the whole development. Mr. Skokowski explained that the commercial portion was already in the City, and this request was to annex a residentially zoned area from the County into the City. Mr. Skokowski commented that also on the agenda as a part of the City's land use amendment process was a request to designate this annexed land as RM, and to change the zoning to RH on the commercially zoned land. This would mean the property would apply for development as a PUD. Mr. Skokowski explained that the petitioner was not requesting bonus density. Mr. Skokowski requested that if the City Council did not intend to support the change to RM on the annexed portion that they not approve the annexation. Mayor Russo expressed his opposition to the increase in density. Mr. Skokowski explained the net difference between RM and RH was only 2 dwelling units per acre before bonuses. Mayor Russo explained he had previously indicated support for this development if drainage and traffic concerns on Idlewild Road were first resolved. During ensuing discussion of the drainage and traffic concerns, Growth Management Director Roxanne Manning explained the owner would have to bring the road up to standard; however, the City Attorney clarified that if the development was not a PUD this would not apply, which Mayor Russo stated was his concern. Mr. Skokowski commented the City was limited to adopting land use changes twice each year, and that the petitioner would be willing to postpone their request for annexation and their request for land use plan amendment to the second submittal of the year anticipated in December, 1998, in order to first submit their PUD application. Following a discussion of procedural problems associated with postponement of this application, a poll of the City Council revealed three members were in favor of moving forward at this time, with Councilman Jablin expressing the same concerns expressed as the Mayor. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to adopt Ordinance 48, 1997, and to place same on second and final reading, by title only. The motion was seconded by Councilman Jablin and carried by vote of 3 -2 with Mayor Russo and Councilman Sabatello opposing.. The City Clerk read Ordinance 48, 1997, by title only, on second and final reading. • CITY COUNCIL REGULAR MEETING, 8/6/98 5 Ordinance 4, 1998 Mayor Russo declared the Public Hearing open, which was duly advertised 7/22/98, and held on the intent of Ordinance 4, 1998, providing for Consideration of Approval of EAR Amendments. Principal Planner Kim Glas reviewed the submittal. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion, seconded by Councilman Jablin, to adopt Ordinance 4, 1998, and place same on second and final reading, by title only. The motion carried by 3 -2 vote with Mayor Russo and Councilman Sabatello opposing. The City Clerk read Ordinance 4, 1998, on second and final reading, by title only. Resolution 50, 1998 Mayor Russo declared the Public Hearing open, which was duly advertised 7/1/98, and held on the intent of Resolution 50, 1998, providing for Consideration of a Site Plan for the Construction of a Mini - Storage Facility on 3 Acres on Lot 13 of South Park Center Within NorthCorp PCD. Principal Planner Marty Minor reviewed the changes to the wall. Councilman Sabatello requested language to clarify landscaping maintenance. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Jablin made a motion, seconded by Vice Mayor Furtado, to approve Resolution 50, 1998. During discussion of the motion Growth Management Director Manning recommended amendment of item 6A as follows: The applicant agrees to maintain the landscaping within the 50 foot drainage easement in a healthy, viable, and well - maintained condition in perpetuity. Councilman Sabatello stated he would vote against the motion because he believed the building was not architecturally compatible to the area, however, commended the petitioner for doing a great job of trying to meet everyone's desires. Councilman Jablin withdrew his motion and made a motion to approve Resolution 50, 1998 as amended with the language as recommended by the Growth Management Director. Motion was seconded by Vice Mayor Furtado, and carried by 4 -1 vote with Councilman Sabatello opposing. Ordinance 15, 1998 Growth Management Director Manning reviewed the project. Mayor Russo declared the Public Hearing open, which was duly • advertised, and held on the intent of Ordinance 15, 1998, providing for Approval of an Amendment of Ordinance 2, 1992, Approving a Site Plan and Conditional Use for a Religious Facility for the Trinity • CITY COUNCIL REGULAR MEETING, 8/6/98 6 9 0 United Methodist Church, to Modify the Shape of the Driveway, Elimination of a Single -Story Building, Addition of a Memorial Garden, Addition of a Multi - Purpose Building and Main Sign, Modification to the Phasing Plan, and a Seven Year Time Extension. Resident expressed concern regarding the time extension requested and asked that it be reduced to 2 or 3 years. Growth Management Director Manning responded and explained the criteria for the time extension had been met. There being no further comments from the public, Mayor Russo declared the Public Hearing closed. Vice Mayor Furtado made a motion, seconded by Councilman Clark, to approve Ordinance 15, 1998, and place same on second and final reading, by title only. The motion carried by 4 -1 vote with Councilman Sabatello opposing. The City Clerk read Ordinance 15, 1998, on second and final reading, by title only. RESOLUTIONS Resolution 80, 1998 Growth Management Director Roxanne Manning reviewed the project. Councilman Sabatello indicated that as a developer he had no interest in the project. Councilman Clark made a motion, seconded by Councilman Jablin, and carried by unanimous 5 -0 vote, to approve Resolution 80, 1998, Consideration of Approval of Site Plan for BallenIsles Parcel 8a. Resolution 84, 1998 Councilman Jablin made a motion, seconded by Councilman Clark, to insert the name of Cheryl Wood into the blank in Section One of Resolution 84, 1998,Consideration of Approval of an Appointment of One Member to the Art Advisory Committee. Motion carried by unanimous 5 -0 vote. RE -ORDER AGENDA Vice Mayor Furtado made a motion, seconded by Councilman Clark, and unanimously carried to re -order the agenda to place Items for Council Action next. ITEMS FOR COUNCIL ACTION Weiss School Lease Vice Mayor Furtado made a motion, seconded by Councilman Clark, to approve the lease for Training Center facilities at the Weiss School in the amount of $14,400 for the period October 1, 1998 to September 30, 1999. Motion carried by unanimous 5 -0 vote. TIPS Lease at 4279 Lilac Police Chief FitzGerald explained the TIPS program. City Attorney • CITY COUNCIL REGULAR MEETING, 8/6/98 7 Acton reported that a public hearing for consideration of conditional use for the property at 4279 Lilac Street would be scheduled for the next City Council meeting and that there was a clause in the lease allowing it to be canceled with payment of one month's rent if the conditional use was not approved. Vice Mayor Furtado made a motion, seconded by Councilman Jablin, to approve the lease for Truancy Interdiction Program facilities at 4279 Lilac Street in the amount of $10,260 for the period of one year. Motion carried by unanimous 5 -0 vote. ORDINANCES Ordinance 12, 1998 Principal Planner Marty Minor presented the project and specifically discussed the changes since the last meeting. The Petitioner discussed the lot sizes and changes since the last meeting. After further discussion, the City Council members expressed their opinion that the lot sizes proposed by the petitioner were not what they had intended in their direction to the petitioner. Councilman Sabatello expressed his opinion that under the PUD process variation from the City Code must be justified in benefits, which he did not see at this point. Councilman Clark expressed his opinion that setbacks between the houses should be wider than those in The Sanctuary to allow equipment, such as that needed for installing pools, into the back yards without damage to the adjacent house. Direction to the petitioner was that the City Council desired lot widths of no less than 65' in this stand -alone project of zero - lot -line patio homes. Vice Mayor Furtado made a motion to deny placing Ordinance 12, 1998 on first reading. Motion was seconded by Councilman Jablin, and carried by unanimous 5 -0 vote. CITY ATTORNEY The City Attorney had no items to report. ITEMS FOR DISCUSSION Councilman Sabatello Councilman Sabatello received clarification that the City Council had no problems with changing procedure to allow chain of title searches for Code Enforcement cases. Councilman Sabatello questioned items pertaining to the noise ordinance, which he stated he would address when the next garbage removal contract was considered. Councilman Sabatello questioned the status of ordinances covering emergencies, to which the City Manager responded twelve ordinances had been prepared were ready for use when needed. Mayor Russo Mayor Russo questioned the status of a letter supporting a • CITY COUNCIL REGULAR MEETING, 8/6/98 8 feasibility study for raising the height of the PGA Bridge. The City Manager explained she had sent a letter addressing opening and closing of the bridge and that staff had researched pros and cons of a fixed bridge, which would be an agenda item for discussion. The City Council requested that a letter of support for a feasibility study be sent as requested by Commissioner Marcus. Councilman Clark Councilman Clark requested and received consensus for a contingency plan for refurbishing beaches in the event of withdrawal of State funding, which would be that the County would hold a County -wide vote asking for a specific tax to be used for beach renourishment. Councilman Clark reported the Equestrian Committee was moving forward with establishing a non -profit organization for moving the development process forward, developing business plans, and forming ideas for promoting the equestrian industry within the county. 0 • CITY COUNCIL REGULAR MEETING, 8/6/98 9 ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 1 :18 p.m. APPROVAL: OR (JOSEPH R. RUSSO 40 VICE MAYOR LAU1 FURTA CHAIRMAN PRO TEM ERIC JABLIN 4�i� '4 6UNCILMAN DA LARK COUNCIL :N CARL SABATELLO ATTEST: A. KOSIER, CMC, CITY CLERK