HomeMy WebLinkAboutMinutes Council 021998CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
FEBRUARY 19, 1998
The February 19, 1998, Regular Meeting of the City Council of the
City of Palm Beach Gardens, Florida, was called to order at 7:56 p.m.
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, Councilwoman Linda Monroe, Councilman Eric
Jablin and Councilman David Clark. Vice Mayor Lauren W. Furtado
was absent from the meeting.
RESOLUTION 2, 1998 In response to a question by Mayor Russo, David Acton, City
Attorney, stated that it was Council's decision exclusively whether or
not hear Resolution 2, 1998 tonight. He stated that the position of the
petitioner would be a good thing for the Council to obtain before it
made a decision about whether to postpone Resolution 2, 1998.
• Larry Smith, representing the petitioner, requested that the Council
postpone Resolution 2, 1998 until all Councilmembers were present.
It was the consensus of the Council that it would not hear testimony
from the residents tonight due to the absence of Vice Mayor Furtado
and that Resolution 2, 1998 be postponed until March 5, 1998, when
a full Council would be available.
Mayor Russo stated that Vice Mayor Furtado was absent tonight
because of a death in her family.
Councilwoman Monroe made a motion to postpone Resolution 2,
1998 to the meeting of March 5, 1998. Councilman Clark seconded
the motion which carried unanimously.
PRESENTATIONS:
Award of Excellence to
the Fire Department Pete Bergel, Acting Fire Chief, introduced Vicki Wade, Public
Education Specialist, and Richard Slawson, founder of the Slawson
Foundation for Children. Ms. Wade stated that her job was to train
is the public in fire safety and injury prevention. She stated that the
award was won in a partnership with Richard Slawson of the Richard
CITY COUNCIL REGULAR MEETING 2/19/98
Page 2
Slawson Foundation for Children. Ms. Wade stated that Mr. Slawson
had joined and supported the Fire Department in the Drowning
Prevention Program and County -wide Poster Contest.
Richard Slawson stated that it was a privilege and an honor to work
with the community and the Fire Department, in particular Vicki
Wade, who comes up with tremendous ideas which his firm believes
help save lives, prevent drowning, prevent fires and educate our
children so they can also help in the prevention of injuries.
Craig Hauhn, Florida Fire Chiefs Association, presented an awards to
the Palm Beach Gardens Fire Department and the Slawson
Foundation for Children and a check in the amount of $500 to the Fire
Department for their outstanding efforts. Mr. Haughn introduced
Larry Skobida, Executive Director, and Bob Ware, South East
Regional Director.
City Manager Herakovich and Mayor Russo presented Linda Kosier,
City Clerk, with a 15 year service award pin. Ms. Herakovich stated
• that Ms. Kosier has worked for the City since 1983.
City Manager Herakovich and Mayor Russo presented Janice Rausch
with a plaque who served as a member of the Code Enforcement
Board from November 1991 until November 1997.
City Manager Herakovich and Mayor Russo presented William
Mignogna a plaque who served as a member of the Planning and
Zoning Commission from September 1993 until November 1997.
CITY MANAGER
REPORT: City Manager Herakovich stated that a tour of Frenchmens Forest had
been scheduled for Saturday, February 21, 1998 at 10 a.m. She stated
that the Annual Fire Department Open House was scheduled for
Saturday, February 21, 1998 from 10 a.m. to 2 p.m., as well as the
opening day of Little League baseball.
Ms. Herakovich stated a workshop was scheduled for February 26,
1998. She requested an Executive Session to discuss I.A.F.F.
bargaining unit contract with the Council on February 26. The
Executive Session was scheduled for Thursday, February 26, 1998 at
7 p.m.
Ms. Herakovich stated that a reception to recognize City volunteers,
CITY COUNCIL REGULAR MEETING 2/19/98 Page 3
advisory board committee members, and outgoing Councilwoman
Monroe had been scheduled for March 11, 1998 from 5:30 p.m. to
7:30 p.m.
Ms. Herakovich stated that a public hearing had been scheduled by
FDOT for the PGA Boulevard and Alternate AlA reconfiguration
which would be held on February 26 and March 12. Ms. Herakovich
stated that staff would be attending the meetings.
Ms. Herakovich stated that she attended the PGA CAN meeting and
that there was a request to place the consideration of no objection to
the issue of PGA gates on an upcoming agenda.
Ms. Herakovich stated that Paul Friedman, Management
Administrator, attended the Boca Raton meeting on the FEC train
whistle. Mr. Friedman presented a brief report of the meeting to the
Council.
Mr. Friedman presented an update on the Municipal Complex project.
40 reviewed stated that staff had received the 95% drawings which were being
reviewed by Jack Hanson, Building Official, and Bill Mignogna's firm.
Mr. Friedman stated that they would be meeting with the Art
Advisory Board soon to discuss art in public places. He stated that
the City Engineer and ADG's Civil Engineer had met to discuss site
plan issues. Mr. Friedman stated that the Technical Services
Committee was evaluating hardware choices. Mr. Friedman stated
that positive meetings had been held with the Fire Department to
discuss relocating the fire staff to the church property until the
completion of the remodeling of the fire station. He stated that the
Fire Department staff would be moved into the church property by
May 15, 1998 so that construction could start concurrently.
Ms. Herakovich stated that ADG would be at the February 26, 1998
workshop to present an update of the project.
Mr. Friedman stated that the construction documents were being
reviewed by the City Attorney as well as being reviewed by another
firm. He stated that the City Forester had been working with the
landscape architecture. Mr. Friedman stated the construction manager
would be reviewing invoices from the architects and all vendors before
they are submitted for payment. Staff, MCAT and ADG will hold a
95% completion meeting on March 3, 1998. Mr. Friedman stated that
a general contractor from Bill Mignogna's firm, who had a
~• CITY COUNCIL REGULAR MEETING 2/19/98 Page 4
tremendous amount of construction experience and had worked on
numerous number of public projects, had been added to the MCAT
Team.
Mr. Friedman stated that the City had to contract out for an outside
asbestos abatement investigation and as a result of the investigation
learned that asbestos was present in all buildings at minimal levels.
Mayor Russo requested that Council be presented with an asbestos
report at the next meeting.
Mr. Friedman stated that there were two formats of asbestos; air
borne which was of danger, and nonfriable, which was found in
ceilings, tiles, linoleum and dry wall compound. He stated that as long
as the nonfriable absetos was not disturbed, there was no problem, in
that the asbestos found at City Hall was of the nonfriable kind.
AWARDING OF BIDS:
• EAP Request for Proposal Councilwoman Monroe made a motion to approve the awarding of
the RFP for Employee Assistance Program to The Children and
Family Services of Palm Beach County, in the amount of $8,112. The
motion was seconded by Councilman Clark and unanimously carried.
Dump Truck Councilwoman Monroe made a motion to approve staff's
recommendation to piggy -back off Palm Beach County Fleet
Management contract and award the bid for a one ton dump truck to
Ed Morse Chevrolet in the amount of $29,586. The motion was
seconded by Councilman Clark and unanimously carried.
ITEMS BY MAYOR & COUNCIL:
Councilwoman Monroe Councilwoman Monroe stated that there was a Beautiful Palm
Beaches grant opportunity available and presented staff with the
information.
In response to a question by Councilwoman Monroe, Ms. Herakovich
stated that the mockup version of the City sign would be presented at
the February 26, 1998 Council workshop.
Councilman Jablin Councilman Jablin stated that he attended the CAN Annual meeting
• and that City Manager Herakovich and staff did a great job of
presenting where the City was with the municipal complex project.
0
is
CITY COUNCIL REGULAR MEETING 2/19/98 Page 5
Mayor Russo Mayor Russo stated that he attended a Tennis Committee meeting and
that the Committee supported the City 100% to build the courts on
the site near Duncan Middle School. Mayor Russo stated that the
attended a Municipal League Meeting and briefed the Council on the
discussion that took place. Mayor Russo stated that the City would
host the General Membership Meeting on April 22, 1998 at the Burns
Road Community Center.
COMMENTS FROM THE PUBLIC
Ray Celedinas, Sr. Ray Celedinas, Sr., business owner on Northlake Boulevard,
addressed the Council regarding the formation and purpose of the
Northlake Boulevard Task Force. Councilwoman Monroe provided
a brief history of the formation and purpose of the Task Force. She
stated that the next meeting would be held on March 11, 1998 in the
Council Chambers at North Palm Beach.
CONSENT AGENDA: Councilwoman Monroe requested that Item #4 and Councilman Jablin
requested that Item #6 on the Consent Agenda be pulled for
amendments.
Councilman Clark made a motion approve the Consent Agenda with
Items #4 and #6 removed. Councilman Jablin seconded the motion
which unanimously carried. The following items were approved on
the Consent Agenda:
1. Approval of 1/29/98 City Council Workshop Minutes.
2. Approval of 1/29/98 Joint Meeting with City of Riviera Beach
Minutes.
3. Approval of 2/5/98 Local Planning Agency Minutes.
5. Resolution 12, 1998 - Consideration of Approval for an
Expression of Opposition to Florida House Bill 3291.
7. Resolution 18, 1998 - Consideration of Approval Providing for
Support of Permanent and Consistent Funding for Regional
Planning Councils.
Councilman Clark made a motion to approved the Minutes of 2/5/98
with an amendment on Page 4, three paragraphs from the bottom as
follows: delete the word "much" and replace with the word
"sufficient ". The motion was seconded by Councilwoman Monroe
which unanimously carried.
CITY COUNCIL REGULAR MEETING 2/19/98 Page 6
Resolution 15, 1998 It was the consensus of the City Council that the Education Advisory
Board draft a resolution to support vocational magnet schools to
present to Council for their approval which would be forwarded to the
Palm Beach County School Board.
Councilman Jablin made a motion, seconded by Councilwoman
Monroe to approve Resolution 15, 1998. The motion carried
unanimously.
PUBLIC HEARINGS:
EAR -Based
Amendments Mayor Russo declared the public hearing open, which was duly
advertised on February 12, 1998.
Kim Glas, Principal Planner, stated that the public hearing was to
consider the Local Planning Agency's recommendation to transmit the
EAR -Based amendments and requested that the proceedings of the
Local Planning Agency meeting be made a part of the record for the
public hearing so that all of the testimony and discussion does not
have to be repeated. Ms. Glas stated that staff recommended approval
of the EAR -Based Amendments as modified by the ERRATA Sheet
and modified by the Local Planning Agency in policies 1.1.5.A. I and
1.1.5.LA.2.
Councilman Clark Monroe made a motion, seconded by
Councilwoman Monroe to submit the EAR -Based Amendments to the
Department of Community Affairs of the staff initiated EAR -Based
Amendments to the Comprehensive Plan. The motion carried
unanimously.
Resolution 19, 1998 Kim Glas, Principal Planner, stated that this was a request for
concurrent processing. She stated that staff received three petitions
for small scale amendments on December 1, 1997. Ms. Glas stated
that the three petitions were still in the sufficiency stage and where not
complete applications that had been moved to the review process.
Ms. Glas stated after meeting with the petitioner, staff felt that it
would be helpful for the specific site plans for the parcels to be
processed concurrently with the land use amendments. She stated that
the use of the land being processed was a mixed use. Ms. Glas stated
be by seeing the proposed concept plans, it would help staff to
• understand what was being proposed by the petitioner. Ms. Glas
stated that in this case staff was advocating that the City consider
CITY COUNCIL REGULAR MEETING 2/19/98 Page 7
concurrent processing of the site plan with the land use changes. She
stated that the Council policy established by Resolution 148, 1996
which prevented concurrent processing without Council approval.
Ms. Glas stated that Council's approval would come by means of a
developer agreement which had been prepared by way of Resolution
19, 1998. Ms. Glas stated that staff recommended the petitioner work
with the surrounding residents at the preapplication stage which was
why there was so much interest in the petition at this early stage.
In response to a question by Mayor Russo, David Acton, City
Attorney, stated that the approval to allow staff to proceed with both
of the petitions simantenously does not mean that the Council would
see any of the site plans, and that only staff would see the site plans at
the same time as seeing the amendments being processed but would
not be brought to Council until the amendments were presented for
consideration first.
Roxanne Manning, Growth Management Director, stated that they
would present the petitions to Council together and that if the Council
did not approved the land use change, the zoning changes would not
be approved either.
In response to a question by Mayor Russo, Ms. Glas stated that staff
supports the concurrent process request because it was mixed use and
the size of the parcels. Ms. Glas stated that it was not clear that a mix
of uses could be accomplished on the parcels until staff saw a concept
plan.
Hank Skokowski, representing the petitioner, stated that the
properties that were the subject of the three language plan
amendments were on PGA Boulevard and were already subject to the
overlay district and were mandatory planned unit developments. Mr.
Skokowski stated that the City was in the process of developing
standards and guidelines and controls that would guide the City in the
future to accomplish mixed use. He stated that the best vehicle of
understanding how to properly regulate the guide to this type of
development was to look at it in its physical form. Mr. Skokowski
stated that the petitioner was very clear that they were at risk and that
by Council allowing them to concurrently process these petitions
would not mean that they Council was under any obligation to
approve the zoning application.
• Mayor Russo stated that Council received a letter from the different
homeowner associations and that residents were in attendance to
CITY COUNCIL REGULAR MEETING 2/19/98 Page 8
speak before Council.
Jay Adolph, 10690 PGA Boulevard, requested that the Council take
no action until the petitioners has provided the residents with
additional information.
Dan Schusterman, BallenIsles resident, voiced his concern about there
being no criteria for mixed use and agreed with all parties to tonight
regarding how to proceed with the petitioners request.
Joe Orlando, 5500 Tamblerlane, requested that the staff taken into
consideration the traffic count into consideration when reviewing the
petitions.
Ms. Manning stated that the next Planning and Zoning Commission
meeting had been canceled and that staff would hold a public
information meeting on Tuesday, February 26, 1998 at 7:30 p.m. to
discuss the concept of "The Commons ". Mayor Russo stated that
staff would notify the homeowners of where the meeting would be
held.
Resolution 19, 1998 was postponed until the March 19, 1998 City
Council meeting.
Ordinance 1, 1998 Mayor Russo declared the Public Hearing open, which was duly
advertised 2/4/98 and held on the intent of Ordinance 1, 1998,
providing for an amendment to Section 38 -88, Subparagraph (a) of
the Code, Entitled "Codes and Standards Adopted" of Chapter 38
Entitled "Fire Prevention and Protection ", to Update Reference to
Standard Codes.
There being no comments from the public, Mayor Russo declared the
Public Hearing closed.
Councilwoman Monroe made a motion, seconded by Councilman
Clark, to adopt Ordinance 1, 1998 and to place it on second and final
reading by title only. The motion was unanimously carried, and the
Deputy City Clerk read Ordinance 1, 1999, by title only, on second
and final reading.
Ordinance 2, 1998 Mayor Russo declared the Public Hearing open, which was duly
• advertised 2/4/98 and held on the intent of Ordinance 2, 1998,
providing for a Waiver to Art in Public Places for Doubletree Hotel.
There being no comments from the public, Mayor Russo declared the
CITY COUNCIL REGULAR MEETING 2/19/98
Public Hearing closed.
Page 9
Councilwoman Monroe made a motion, seconded by Councilman
Clark, to adopt Ordinance 2, 1998 and to place it on second and final
reading by title only. The motion was unanimously carried, and the
Deputy City Clerk read Ordinance 2, 1998, by title only, on second
and final reading.
Ordinance 3, 1998 Mayor Russo declared the Public Hearing open, which was duly
advertised 2/4/98 and held on the intent of Ordinance 3, 1998,
providing for a an amendment to Division 3 of Chapter 2 of the Palm
Beach Gardens Code of Ordinances Entitled "Education Advisory
Board ", Specifically Section 2 -132 "Composition; Appointments;
Terms ", Section 2 -135 "Duties and Responsibilities.
There being no comments from the public, Mayor Russo declared the
Public Hearing closed.
Councilman Jablin made a motion, seconded by Councilman Clark,
to adopt Ordinance 3, 1998 and to place it on second and final reading
by title only. The motion was unanimously carried, and the Deputy
City Clerk read Ordinance 3, 1998, by title only, on second and final
reading.
RESOLUTIONS:
Resolution 13, 1998 Councilman Clark made a motion to adopt Resolution 13, 1998 with
the change to Condition #8 as follows: deleting the word "need to"
and substituting the word "shall" and inserting the language "prior to
issuance of the building permit ". Councilwoman Monroe seconded the
motion which unanimously carried.
Resolution 14, 1998 Councilman Clark made a motion to approved Resolution 14, 1998,
seconded by Councilwoman Monroe.
Councilman Clark made a motion to withdraw the motion, seconded
by Councilwoman Monroe. The motion unanimously carried.
Councilman Clark made a motion, seconded by Councilman Jablin, to
adopt Resolution 14, 1998 with the amendment as follows in Section
1, second paragraph: delete the wording "and common landscaping ",
and adding a new sentence to read: Common area landscaping shall be
installed prior to the issuance of the first certificate of occupancy or
prior to December 31, 1999 whichever comes first." The motion
unanimously carried.
r]
f CITY COUNCIL REGULAR MEETING 2/19/98 Page 10
Resolution 16, 1998 Councilman Jablin made a motion to adopt Resolution 16, 1998 with
the amendment as follows: delete Section 7 in its entirety and by
appointing the following members: Ron Sadaka, Dr. Alan Sara,
Monika Adams, Jan Porter, Nona Helsel, Murtaza Kakli and Anne S.
Berg. Councilwoman Monroe seconded the motion which
unanimously carried.
Resolution 17, 1998 Councilwoman Monroe made a motion, seconded by Councilman
Clark, to adopt Resolution 17, 1998, consideration of Appointments
of the Election Officials for the General Election to be held in the City
on 3/10/98 and the run -off election on 3/24/98 if same shall be
necessary. The motion unanimously carried.
ORDINANCES:
Ordinance 4, 1998
ADJOURNMENT
APPROVAL:
Ordinance 4, 1998 was postponed until the March 5, 1988 Council
meeting.
There being no further business to discuss, the meeting was adjourned
at 10zA6' rPHRRUSSO
VICE MAYOR LA
W. FURTADO
a �
COUNCILMAN DAVID CLARK
ATTEST:
0 &'4
CINDY WARVEV, DEPUT CITY CLERK