HomeMy WebLinkAboutMinutes Council 040298• CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
APRIL 2, 1998
The April 2, 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
Vice Mayor Lauren W. Furtado 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: Vice
Mayor Lauren W. Furtado, Chairman Pro Tern Eric Jablin, and
Councilman David Clark. Mayor Joseph Russo arrived at 8:15 p.m.
Councilman Carl Sabatello was absent from the meeting.
REORDERING OF
AGENDA Upon request by the applicant in regard to Resolution 19, 1998,
Councilman Clark made a motion to reorder the agenda to allow
Resolution 19, 1998 to be considered next on the agenda. Motion
• was seconded by Chairman Pro Tem. Jablin, and unanimously carried
by vote of 3 -0.
RESOLUTION 19, 1998 Steve Mathison, attorney for Channing Corporation, requested that
the City Council postpone Resolution 19, 1998 to the May 7, 1998
City Council meeting. Mr. Mathison explained that the applicant
needed more time and had been working very diligently to answer
neighbor's questions and to include them in the project process.
Councilman Clark made a motion to postpone consideration of
Resolution 19, 1998 to approximately 7:30 p.m. on May 7, 1998. The
motion was seconded by Chairman Pro Tem Jablin, and unanimously
carried by vote of 3 -0.
ANNOUNCEMENTS Vice Mayor Furtado stated that announcements were as posted.
CITY MANAGER
REPORT City Manager Herakovich announced that Saturday, April 18, 1998
from 9:30 a.m. until noon was the Beautiful Palm Beaches Clean Up,
when residents and employees would be invited to assist in a City-
wide clean up. Meeting time was set for 8:30 at City Hall. Vice
AINk Mayor Furtado requested that businesses be invited to participate.
City Manager Herakovich announced that the Florida League of Cities
0 CITY COUNCIL REGULAR MEETING 4/2/98 PAGE 2
0
PRESENTATIONS
PGA/Alternate A 1 A
Flyover
AWARDING OF BIDS
was accepting applications and registration for their annual conference
on August 13 -15 in Miami Beach.
Jeff Bowman, Reynolds, Smith & Hill, presented a status update on
the PGA flyover, and stated that the basic concept for the PGA
improvements of the intersection had not changed since the last
presentation to the City Council, and described the other major
improvements as a loop ramp in the southeast quadrant of the
interchange, and a direct connect flyover from south -bound Alternate
A 1 A to the south -bound I -95 ramp. Mr. Bowman explained that
major concerns of the City Council of traffic maintenance, length of
time to complete the project, and the amount of disruption to PGA
Boulevard were being considered, and that an attempt to improve
traffic would include shifting alignment to the south so the east -bound
roadway would be built on new soil. Mr. Bowman stated that the new
roadway addition, the loop ramp, and the direct connector flyover
would be built without disrupting the traffic flow on PGA Boulevard.
Patrick Glass, FDOT Project Manager, stated that he would discuss
the issue with FDOT. Mr. Bowman explained that the issue of
widening the bridge over I -95 had been entered into at the public
hearing, and would therefore have to be addressed.
Sidewalk Linkage Contract City Manager Herakovich reported that staff recommended
piggybacking onto Palm Beach County's sidewalk contract and to
award an amount not to exceed $40,000 to Wynn & Sons
Environmental Construction, Inc., to complete the sidewalks on Lilac
Street from Military Trail east to Plant Drive, and on Plant Drive from
Lilac south to Holly Drive. Councilman Clark made a motion to
accept the staff recommendation. Chairman Pro Tern Jablin seconded
the motion, which carried by unanimous 3 -0 vote.
Bid for Fencing City Manager Herakovich reported that staff recommended
piggybacking onto the Palm Beach County School Board fencing
contract in the amount of $13,714.79 to be used at the Westminister
site. Councilman Clark made a motion to accept the staff
recommendation. Chairman Pro Tern Jablin seconded the motion,
which carried by unanimous 3 -0 vote.
• CITY COUNCIL REGULAR MEETING 4/2/98 PAGE 3
ITEMS BY MAYOR
AND COUNCIL It was the consensus of the City Council to postpone this item until
later in the meeting.
!*
COMMENTS FROM
THE PUBLIC
Linda Hughey, Reed Drive, referenced an article in the Palm Beach
Post about the Village Council of Royal Palm Beach conducting
background checks on volunteers, and questioned whether the City
had done this. Vice Mayor Furtado explained that the YAA had
conducted background checks and that anyone who volunteered for
a City program was subject to a background check, which cost the
City approximately $40,000 annually.
Sue Williams, 10873 Magnolia Street, expressed her concern
regarding enforcement of the code to prevent residents from placing
tree limbs at curbs before pick -up day, and recommended that a notice
be placed in the newsletter and that no warning be given. Bob Patty,
Public Works Director, advised Ms. Williams to call Public Works
when she saw limbs out before pick -up day. Ms. Williams questioned
the status of the Boat/RV ordinance, to which Growth Management
Director Roxanne Manning responded that the ordinance was
currently in effect.
Mayor Russo arrived at this point in the meeting, at 8:15 p.m.
CONSENT AGENDA Mayor Russo expressed his desire to honor the Eagle Scouts. It was
the consensus of the City Council to schedule the Girl Scouts to
attend the May City Council meeting to receive certificates.
Councilman Clark made a motion to approve the Consent Agenda as
submitted. Chairman Pro Tern Jablin seconded the motion, which
carried by unanimous 4 -0 vote. The following items were approved on
Consent Agenda:
1. Proclaiming April 5 -11, 1998 as "International Building Safety"
Week.
2. Proclaiming that Lindsay Curry has earned her Girl Scout Silver
Award.
3. Proclaiming that Leah Giordano has earned her Girl Scout Silver
Award.
4. Proclaiming that Monique Abrishami has earned her Girl Scout
Silver Award.
5. Proclaiming that Lindsey Erbrick has earned her Girl Scout Silver
Award.
0 CITY COUNCIL REGULAR MEETING 4/2/98
ORDINANCES
PAGE 4
6. Proclaiming that Megan Marron has earned her Girl Scout Silver
Award.
7. Proclaiming that Candice McArdle has earned her Girl Scout Silver
Award.
8. Proclaiming May 3 -9, 1998 as "Safe Drinking Water" Week.
9. Resolution 28, 1998 - Consideration of Approval to Oppose the
Proposal before the Constitutional Revision Commission regarding
Sovereign Immunity.
10. Resolution 30, 1998 - Consideration of Approval Supporting the
Metropolitan Planning Organization of Palm Beach County in its
Recommendation to Oppose House Bill 3313, House Bill 3583 and
Senate Bill 92, Which is a Proposed Amendment to the Eminent
Domain Laws.
ORDINANCE 19, 1998 Mayor Russo reported he had had a conversation with the City
Attorney regarding Ordinance 19, 1998 and that for him to vote for
this ordinance the petitioner would have to waive their legal rights as
Sfar as suing the City over any procedural issues because of it being a
concurrent issue.
ORDINANCE 5, 1998 Growth Management Director Roxanne Manning presented highlights
of Ordinance 5, 1998 which would allow outdoor seating, and
discussed measures taken to reduce negative impacts. Ms. Manning
explained that changes had been made to accommodate stand -alone
restaurants. Ms. Manning reviewed changes in the Ordinance which
had been made in response to public comments. Ed Oliver, Oliver &
Glidden Architects, representing Frank Callander of River House
Restaurant, stated their concerns had essentially been met and clarified
that in an outdoor casual seating situation where food and drink was
not being served, but where people were enjoying the view before and
after dinner, that the casual seating would not increase the
restaurant's seating capacity. Other examples of types of seating and
ADA requirements were discussed.
Councilman Clark made a motion to place Ordinance 5, 1998 on first
reading by title only. Vice Mayor Furtado seconded the motion,
which carried by unanimous 4 -0 vote. The Deputy City Clerk read
Ordinance 5, 1998 by title only.
ITEMS FOR COUNCIL
ACTION
• CITY COUNCIL REGULAR MEETING 4/2/98
PAGE 5
Vice Mayor Furtado Vice Mayor Furtado shared a letter from Code Enforcement to a
resident, stated she did not like the tone of the letter, and that the
resident had been trying to resolve the matter for a year. The Vice
Mayor stated that if the City could grandfather in recreational
vehicles, they could also grandfather commercial vehicles that did not
fit the code criteria. The City Manager reported the first letter sent
was friendly. Discussion ensued regarding variances. Linda Hughey
commented on inconsistency in code enforcement. After further
discussion, staff was directed to revisit the code regarding
grandfathering in commercial vehicles and to report back to the City
Council on the projected effect. In response to a question from Vice
Mayor Furtado, the City Manager explained that a report on the
Richard Road property would be given to the City Council at the end
of May.
Vice Mayor Furtado recommended the City work with Seagull
Industries to benefit residents who could not otherwise find jobs.
Chairman Pro Tem Jablin Chairman Pro Tem Jablin requested a legal opinion from the City
• Attorney as to whether the Education Advisory Board, along with
other educational advisory boards, could sponsor a School Board
candidate forum for the upcoming election.
Mayor Russo Mayor Russo reported he had attended a Municipal League meeting,
and Riviera Beach was pursuing the fair share zip codes. Mayor
Russo commented that the Economic Advisory Group for North
County had met, and that the Deputy City Clerk would contact
members who had not been attending to encourage attendance. Vice
Mayor Furtado expressed concern that the economic development
groups were not targeting established businesses and that there was
a lot of miscommunication. Mayor Russo reported he had attended
the Gardens Presbyterian Church groundbreaking ceremony, and a
PBGHS vs. Dwyer High School baseball game where he threw the
first pitch. The Mayor stated the tennis courts would not be leaving
as reported in the Jupiter Courier. The Mayor reported that the parks
bid could not be separated from the rest of the Municipal Complex
project and still meet scheduled dates. Mayor Russo reported there
had been several break -ins into cars at parks, and the police planned
to launch an informational campaign to advise residents not to leave
items in view on car seats.
• CITY COUNCIL REGULAR MEETING 4/2/98 PAGE 6
CITY ATTORNEY
REPORT Attorney Carole Post explained the legal aspects of bidding on the
Municipal Complex project, and that there was not enough time
before the bid date to restructure documents in order to bid items
separately. Attorney Post commented that if a successful low bidder
was over budget that the City had the power to negotiate without
going through the whole process of re- bidding.
ADJOURNMENT There being no further business to discuss, upon motion by Chairman
Pro Tern Jablin, seconded by Councilman David Clark, the meeting
was adjourned 9:17 p.
APPROVAL: _
OSEPH R. RUSSO
. 1-1- 64') r"'Z -/ ,
VIC �REN FURTADd-
ERIC JABLIN
COUNCILMAN DAVID CLARK
COUNCILN CARL SABATELLO
ATTEST:
CINDY HARDY, DEPUTY CITY C RK
4),