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