HomeMy WebLinkAboutMinutes Council 010799• CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
JANUARY 7, 1999
The January 7, 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, and Councilman
Carl Sabatello. Councilman David Clark was absent from the
meeting.
ANNOUNCEMENTS Mayor Russo stated the announcements were as posted. Mayor
Russo thanked all flood volunteers.
• FLOOD PRESENTATION City Engineer Lindahl thanked everyone for their help during the
flood and named those present who would be working with the City
to improve drainage. Mr. Lindahl described existing drainage
systems and recent improvements, and the amount of rainfall at
specific times during the storm and how the system could not
contain the water thus causing flooding. Mr. Lindahl described the
operation of emergency flood gates. Mr. Lindahl reported his
department planned to approach SFWMD to re- examine the
automated protocol for the two gates at S44 to consider a quicker
response when 8" of rainfall was reached with '/Z rise. A request
for a third gate at this location would be revived. A fail -safe
system of notification would be pursued for times when weather
forecasts predicted flooding conditions. Mr. Lindahl reviewed
areas where drainage improvements were needed. Vice Mayor
Furtado reported that a concerned City employee had checked the
gates on their own at 3 a.m. and they were closed. City Engineer
Lindahl reported the automated process began opening the gates at
3:30 a.m. and this process was abandoned at 5 a.m. The Vice
Mayor requested a procedure be established for quicker response in
the future when a responsible person noted a crisis situation.
Councilman Sabatello commented a lot had been learned and
. adjustments must be made, but protocol must be followed. Vice
Mayor Furtado commented the drainage at the Winn -Dixie
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CITY COUNCIL SPECIAL REGULAR MEETING, 1/7/99 2
shopping center did not work, and requested that the area at
Gardens East Drive and Riverside Drive be targeted for immediate
drainage improvements, and was told improvements for that area
were already scheduled for 1999. Pete Pimental, Northern Palm
Beach Improvement District, commented much had been learned
from this storm. Councilman Sabatello pointed out the western
area which was to be developed did not have enough outfalls, and
suggested the new property owner become actively involved in
drainage improvements. An outfall at Cabana Colony was
discussed as needing to be re- examined, along with additional
retention. Mayor Russo questioned whether the City had any legal
recourse in regard to drainage systems not designed properly which
were causing flooding within the City. Councilman Jablin
requested the City act to help residents obtain FEMA funds. Mayor
Russo reported tow trucks on flooded roads caused more water to
flood into homes, to which the City Manager responded that was
being addressed.
A resident commented SFWMD must manage the system properly
to avoid flooding. Mayor Russo explained that everyone planned
to work together to improve the situation.
A resident commented storms causing flooding were becoming
more frequent and questioned whether police and fire departments
had vehicles which could travel through the water. The Mayor
responded the City had 20 emergency vehicles which could travel
through water 4 -1/2' to 5' in depth.
Public Works Director Bob Patty spoke regarding establishing a
system in which volunteer residents would clean catch basins near
their residences.
PRESENTATIONS:
Education Advisory Board Certificates of appreciation were made to retiring Board members
Alan Adams, Monika Adams, Mary Inglis, Lisa Ridgely, and
Deborah Martel for their years of service on the City's Education
Advisory Board.
Code Enforcement Board Certificates of appreciation were made to retiring Board members
Lee Jebb and Raymond Ludwig for their years of service on the
City's Code Enforcement Board.
CITY COUNCIL SPECIAL REGULAR MEETING, 1/7/99 3
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Financial Reporting Presentation was made to Finance Director Olson by Mery
Timberlake, Director of Financial Services, Boca Raton, of
Certificate of Achievement for Excellence in Financial reporting by
Government Finance Officers Association.
Budget Award Presentation was made to Finance Director Olson by Mery
Timberlake, Director of Financial Services, Boca Raton, of
Distinguished Budget Award by Government Finance Officers
Association.
CITY MANAGERS
REPORT
Construction Report The Construction Manager presented an update on construction
progress on the Municipal Complex. The contractor's claim was
discussed, which requested compensation for 43 days, and the
contractor was behind 65 days. Mayor Russo requested the City
Attorney review this situation. City Attorney Post explained the
claim was proceeding on track and that she would examine the
project overall. It was reported there were still a couple of change
• orders outstanding regarding the ball fields, which were now
substantially complete.
City Manager Herakovich announced the City had been successful
in securing a grant from the Florida Recreation Development
Assistance program of $100,000. The City Manager reported
complaints had been received from residents regarding insufficient
landscaping at Devonshire at PGA National, and the City was
working with both Devonshire and the residents on this issue. The
City Manager reported the Equestrian Summit was scheduled for
January 13. City Manager Herakovich reported research would be
done to address a code for outdoor seating at establishments other
than restaurants. The City Manager reported Place of Hope had
been approved by the County Commission. Mayor Russo
requested the public be informed that the City's position had to
conform to their Comprehensive Plan and that the City was not
opposed to Place of Hope. Councilman Jablin reported he had been
working with the residents and the church regarding this project and
did not want anyone to believe the City was against helping
children, but wanted to shape the project to assure it would be a
success. City Manager Herakovich reported the Tennis Committee
• had reported completion of the facility; however, an additional
three weeks would be needed before opening because of the flood.
CITY COUNCIL SPECIAL REGULAR MEETING, 1/7/99 4
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BID AWARDS
City Vehicles Vice Mayor Furtado made a motion to approve the staff
recommendation to purchase thirteen City vehicles by piggybacking
off of three contracts for ten Police vehicles, two Parks and
Recreation trucks, and one Code Enforcement vehicle. Councilman
Jablin seconded the motion, which carried by unanimous 4 -0 vote.
Skateboard Park Vice Mayor Furtado made a motion to award the bid to MPA
Architects, Inc., of West Palm Beach, Florida in the amount of
$24,000 to provide architectural services for the design of the Plant
Drive Park Skatepark. Councilman Jablin seconded the motion,
which carried by unanimous 4 -0 vote.
Fertilizer Vice Mayor Furtado made a motion to award the bid to Lesco, Inc.
of Rocky River, Ohio with local office in Riviera Beach, Florida,
in the amount of $23,580 to provide fertilizer. Councilman Jablin
seconded the motion, which carried by unanimous 4 -0 vote.
• COMMENTS FROM
THE PUBLIC
Henry Skokowski Henry Skokowski stated he was representing owners and
developers of Gardens Townhouse Project and requested a public
hearing be held quickly. By consensus of 3 -1 it was agreed to
advertise for second reading ahead of first reading.
RE -ORDER AGENDA
Ordinance 26, 1998 Motion was made by Councilman Jablin, seconded by Vice Mayor
Furtado, to place Ordinance 26, 1998 next on the agenda. Motion
carried by unanimous 4 -0 vote.
Attorney Larry Smith discussed the request for a waiver from the
PGA Boulevard corridor overlay regarding overhead power lines
on Ellison Wilson Road at the City Centre project. Staff concerns
were discussed.
Following discussion of the appropriate language, City Attorney
Post read aloud the proposed Amendment to Ordinance 26, 1998:
The applicant shall be subject to the following conditions of
. approval which shall be added to Ordinance 26, 19098 and included
in the title for publication: (1) applicant shall agree to remove the
CITY COUNCIL SPECIAL REGULAR MEETING, 1/7/99 5
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two poles and bury the lines for the poles located east of their
entrance on PGA Boulevard, and (2) applicant agrees to assume the
cost of removing and/or replacing the light pole located at the
corner of Ellison Wilson Road and PGA Boulevard if at such time
approval is permitted by the appropriate agencies. Councilman
Jablin made a motion to approve the amendment as read by the City
Attorney. Motion was seconded by Vice Mayor Furtado and
carried by unanimous 4 -0 vote.
Councilman Jablin made a motion to approve Ordinance 26, 1998 -
Providing for an Amendment to Ordinance 15, 1997,
PUD/Landscape Plan for City Centre, formerly known as Oakbrook
Center, by Approving a Waiver to Section 118- 280(g)(14), Entitled
"Building Design Guidelines" "Underground Utilities" and by
Amendment the Landscape Plan, on First Reading by title only.
Vice Mayor Furtado seconded the motion, which carried by
unanimous 4 -0 vote. The City Clerk read Ordinance 26, 1998 on
First Reading by title only.
• Re -ORDER AGENDA
Interior Design Services Vice Mayor Furtado made a motion to hear Items for Council
Action (1) Approval of Proposal for Interior Design Services -
Municipal Complex next on the agenda. Motion was seconded by
Councilman Jablin and carried by unanimous 4 -0 vote.
It was pointed out that the cost of presentations made to the City
Council by the interior designer were not included in the contract.
Councilman Jablin made a motion to approve the proposal from
Peacock and Lewis for Interior Design Services for the Municipal
Complex not to exceed $23,200. Motion was seconded by Vice
Mayor Furtado and carried by unanimous 4 -0 vote.
Re -ORDER AGENDA
Ordinance 28, 1998 Councilman Jablin made a motion to hear Ordinance 28, 1998 next
on the agenda. Motion was seconded by Vice Mayor Furtado and
carried by unanimous 4 -0 vote.
ORDINANCES
Ordinance 28, 1998 Mayor Russo declared the public hearing open held on the intent of
Ordinance 28, 1998 - Providing for Amendment to Section 66 -68
• of the City's Code of Ordinances re: Occupational Licenses,
advertised 12/2/98 and Continued from the 12/17/98 Regular
CITY COUNCIL SPECIAL REGULAR MEETING, 1/7/99
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Meeting of the City Council, for Consideration of Second and Final
Reading and Adoption. Hearing no comments from the public,
Mayor Russo declared the Public Hearing closed.
Councilman Jablin made a motion to approve Ordinance 28, 1998 -
Providing for Amendment to Section 66 -68 of the City's Code of
Ordinances re: Occupational Licenses on Second Reading by title
only. Vice Mayor Furtado seconded the motion, which carried by
unanimous 4 -0 vote. The City Clerk read Ordinance 28, 1998 on
Second Reading by title only.
Ordinance 12, 1998 Mayor Russo declared the public hearing open, duly advertised
1/2/99 for Consideration of Second and Final Reading and
Adoption, and held on the intent of Ordinance 12, 1998 - Providing
for Rezoning of 14.47 acres of Land Located at the Northeast
Corner of Lone Pine Road and Easterly Avenue, %2 mile West of
Prosperity Farms Road to a Planned Unit Development, in Order to
Construct 43 Single Family Homes. Principal Planner Marty Minor
presented the project. Hearing no comments from the public,
• Mayor Russo declared the public hearing closed. Councilman
Jablin made a motion to approve Ordinance 12, 1998 on Second
and Final Reading. Motion was seconded by Councilman Sabatello
and carried by unanimous 3 -0 vote. The City Clerk read Ordinance
12, 1998 on Second Reading by title only.
Ordinance 22, 1998 Mayor Russo declared the public hearing open, duly advertised
1/2/99 for Consideration of Second and Final Reading and
Adoption, and held on the intent of Ordinance 22, 1998- Providing
for Amendment of Ordinance 34, 1978, and Resolution 43, 1978,
as Amended, the Development Order for the PGA National Resort
Community, DRI, by Adopting a Consolidated, Restated and
Amended Development of Regional Impact and Planned
Community district Development Order for PGA National Resort
Community; Providing for Amendment to Conditions of Approval
Relating to Off -Site Traffic Improvements; Providing for
Amendment of the Master Development Plan to Revise the
Schedule of Uses and Certain Land Use Designations; Providing for
Immediate Transmittal of this Ordinance to the Florida Department
of Community Affairs, Treasure Coast Regional Planning Council,
Palm Beach County and PGA National Venture, Ltd. Principal
• Planner Kim Glas- Castro presented the project. Frank Palen,
representing PGA National Resort Community thanked staff for
CITY COUNCIL SPECIAL REGULAR MEETING, 1/7/99 7
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their diligence and patience in this matter, and explained this would
close out the DRI. Hearing no further comments from the public,
Mayor Russo declared the public hearing closed.
Councilman Jablin made a motion to approve Ordinance 22, 1998
on Second Reading by title only. Vice Mayor Furtado seconded the
motion, which carried by unanimous 4 -0 vote. The City Clerk read
Ordinance 22, 1998 on Second Reading by title only.
Ordinance 30, 1998 Mayor Russo declared the public hearing open, duly advertised
12/2/98 and Continued from the 12/17/98 Regular Meeting of the
City Council; for Consideration of Second and Final Reading and
Adoption, and held on the intent of Ordinance 22, 1998 Ordinance
30, 1998 - Providing for Amendment of Chapter 110 of the City
Code Entitled "Signs ", by Amending Section 3 of Article I, Entitled
"Non- Conforming Signs" to Extend the Amortization Period for
Allowing Non - Conforming signs by twelve (12) months. Principal
Planner Kim Glas- Castro presented the item. Hearing no
comments from the public, Mayor Russo declared the Public
• Hearing closed.
Councilman Jablin made a motion to approve Ordinance 30, 1998
on Second Reading by title only. Vice Mayor Furtado seconded the
motion. City Attorney Post pointed out there was an amendment
changing the effective date of Ordinance 30, 1998. Councilman
Jablin withdrew the motion and made a motion to approve the
amendment to Ordinance 22, 1998 changing the effective date to
January 7, 1999. Vice Mayor Furtado seconded the motion, which
carried by unanimous 4 -0 vote.
Councilman Jablin made a motion to approve Ordinance 30, 1998
on Second Reading by title only. Vice Mayor Furtado seconded the
motion, which carried by unanimous 4 -0 vote. The City Clerk read
Ordinance 22, 1998 on Second Reading by title only.
RESOLUTIONS
Resolution 136, 1998 Vice Mayor Furtado made a motion to approve Resolution 136,
1998 - Consideration of Appointments to Recreation Advisory
Board with the name Tory Buckley inserted into the blank.
. Councilman Jablin seconded the motion. Motion carried by
unanimous 4 -0 vote.
CITY COUNCIL SPECIAL REGULAR MEETING, 1/7/99 8
Resolution 2, 1999 Following staff presentation and comments from an attorney
representing Applebee's Restaurant, Councilman Jablin made a
motion to deny Resolution 2, 1999 - Consideration of Approval of
a Sign Variance for Applebee's Restaurant. Councilman Sabatello
seconded the motion. Motion carried by 3 -1 vote.
Resolution 4, 1999 Principal Planner Marty Minor presented the project. Henry
Skokowski spoke on behalf of the petitioner. The landscaping was
reviewed by the Landscape Architect for the project. Councilman
Jablin made a motion to approve Resolution 4, 1999 -
Consideration of Approval of a Site Plan Amendment to the
Meadows Mobile Home Park Landscape Plan. Vice Mayor Furtado
seconded the motion. Motion carried by unanimous 4 -0 vote
Resolution 5, 1999 Councilman Jablin made a motion to approve Resolution 5, 1999 -
Consideration of a Site Plan for 89,913 Square Feet of Professional
Office Use to be Known as The Professional Centre as amended
with 70' stacking in Condition 8. Vice Mayor Furtado seconded
the motion. Motion carried by unanimous 4 -0 vote
ITEMS BY MAYOR AND
COUNCIL
Vice Mayor Furtado
The Vice Mayor asked what happened to the lights which were to
have been installed by the construction entrance.
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CITY COUNCIL SPECIAL REGULAR MEETING, 1/7/99 9
ADJOURNMENT There being no further business to discuss, upon motion by
Councilman Jablin, seconded by Vice Mayor Furtado, carried 4 -0,
the meeting was adj rn at 11:30 p.m.
APPROVAL:
JOSEPH R. RUSSO
VICN FURTADO
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CEMR AN P '0 TYM ERIC JABLIN
COUNCILMAN DAVID CLARK
COUNCIL CARL SABATELLO
ATTEST:
KOSIER, CkC, CITY CLERK