HomeMy WebLinkAboutMinutes Council 050798CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
MAY 7, 1998
The May 7, 1998, 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, and Councilman Carl Sabatello. Councilman David
Clark was absent. Councilman Eric Jablin arrived at the meeting at
7:45 p.m.
ANNOUNCEMENTS Mayor Russo stated that the announcements were as posted and as
listed on the agenda.
• REORDER AGENDA Councilman Sabatello made a motion, seconded by Vice Mayor
Furtado, to reorder the agenda to first consider the Consent Agenda.
The motion passed by a 3 -0 vote.
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CONSENT AGENDA Councilman Sabatello made a motion, seconded by Vice Mayor
Furtado, to approve the Consent Agenda. The motion was
unanimously carried. The following items were approved on the
Consent Agenda:
1. Minutes of 3/26/98 City Council Workshop.
2. Minutes of 4/2/98 City Council Regular Meeting.
3. Minutes of 4/16/98 City Council Regular Meeting.
4. Proclaiming Sybil Michelson as "Ms. Senior Florida ".
5. Proclaiming May 17 -23/98 as National Public Works Week.
6. Resolution 38, 1998 - Providing for an expression of support
by the City Council for immediate construction of pathways
and sidewalks at 4 locations within the City; and providing
for authorization to apply for the funds for such construction.
7. Resolution 39, 1998 - Providing for support of the extension
and double tracking of Tri -Rail and using the Florida
Department of Transportation to fund these efforts as a
priority before the funding of the High Speed Rail.
• CITY COUNCIL REGULAR MEETING, 5/7/98 2
PRESENTATIONS 1. Mayor Russo made a Presentation of Proclamations
to Members of Girl Scouts Cadette Troup #11.
2. Mayor Russo made a Presentation of a Proclamation
to Sybil Michelson, Ms. Senior Florida.
4. Mayor Russo presented a Certificate to John J. Sheetz
for achieving Eagle Scout Rank.
5. The City Manager and Mayor presented Teamwork
Awards to employees for performing duties beyond
normal job requirements.
CITY MANAGER REPORT The City Manager reported that the Golf Digest project was
back on schedule and discussed the possibility of a joint
meeting with the City's Planning and Zoning Commission in
an effort to save time in the approval process. Members of
the City Council were opposed to a joint meeting and directed
that the 5/28/98 agenda include Golf Digest. The City
Manager discussed several mistakes in recent newspaper
articles, including Congress Avenue extension and problems
• at the Municipal Golf Course. She reported that the state
legislature recently passed a bill amending police and fire
pensions that would result in a large expense to the City.
Mrs. Herakovich stated that the bill was now before the
Governor for his signature and contact was being made to
urge him to veto the bill.
ITEMS BY MAYOR AND
CITY COUNCIL
Vice Mayor Furtado Vice Mayor Furtado asked that the City take a proactive
stance re: Congress Avenue. Vice Mayor Furtado also
stated that employees should be warned that any use of
AOL at the City would result in termination.
Mayor Russo Mayor Russo questioned Code Enforcement staffing, stating
that he wanted a fully staffed department so that code
enforcement would continue successfully in the City.
Councilman Sabatello Councilman Sabatello reported he attended a meeting of the
Planning and Zoning Commission and a meeting of the Code
Enforcement Board, and added that both boards were running
smoothly.
CITY COUNCIL REGULAR MEETING, 5/7/98 3
Councilman Jablin Councilman Jablin reported he attended a meeting of the Municipal
League that was hosted by the City.
Mayor Russo Mayor Russo reported that he attended the International Tennis
Federation opening ceremony and attended a meeting of the Tennis
Committee. Mayor Russo expressed his concern with overtime in the
City's budget and stated that during the budget process he will expect
information as to whether it would be in the best interest of the City
to hire an additional employee in those departments with high
overtime.
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Asbestos Abatement Vice Mayor Furtado made a motion, seconded by Councilman
Sabatello, to approve the awarding of the bid for Asbestos Abatement
at the Central Fire Station to Simpson and Associates in the amount
of $9600. The motion was unanimously carried.
Roof Structure - Fire Dept. Vice Mayor Furtado made a motion, seconded by Councilman Jablin,
to approve the awarding of the bid for roof structure for the Fire
Department (Church) to Metal Shelter Products in the amount of
$19,101. The motion was unanimously carried.
COMMENTS BY THE
PUBLIC
Michael Martino Michael Martino, 320 Balsam, addressed the City Council concerning
newspaper articles and the City's audit.
Ari Brown Ari Brown, 3339 Pine Hill Trail, addressed the City Council with a
request for a playground at the proposed Municipal Tennis Complex.
PUBLIC HEARINGS:
Ordinance 5, 1998 Mayor Russo declared the Public Hearing open, which was duly
advertised 4/22/98, and held on the intent of Ordinance 5, 1998,
providing for amendment of Section 78 -2 of the Code of Ordinances,
entitled "Definitions ", by amending the definition of "restaurant" and
by adding a definition of "outdoor seating "; providing for enactment
of Section 110 -44 of the Code, entitled "Menu Boards "; providing for
amendment of Section 118 -44 of the Code entitled "Administrative
Amendments to Approved Development Plans ", by adding a
provision for enactment of Section 118 -311 of the Code, entitled
• "Outdoor Seating ".
There being no comments from the public, Mayor Russo declared the
• CITY COUNCIL REGULAR MEETING, 5/7/98 4
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Public Hearing closed. Vice Mayor Furtado made a motion to
approve amendments to Ordinance 5, 1998, seconded by Councilman
Sabatello and unanimously carried.
Vice Mayor Furtado made a motion to adopt Ordinance 5, 1998, and
to place same on second and final reading, by title only. The motion
was seconded by Councilman Jablin and unanimously carried. The
City Clerk read Ordinance 5, 1998, by title only, on second and final
reading.
Ordinance 8, 1998 Mayor Russo declared the Public Hearing open, which was duly
advertised 4/22/98, and held on the intent of Ordinance 8, 1998,
providing for an amendment to Section 46 -33 of the City Code of
ordinances entitled "Appointment and Terms of Office" to increase
the term of office of each member of the Parks and Recreation
Advisory Board to three years, providing for an amendment to
Section 46 -34 of the Code entitled "Duties" to hold regular meetings
of the Board every other month.
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 adopt Ordinance 8, 1998, and place same
on second and final reading, by title only. The motion carried
unanimously. The City Clerk read Ordinance 8, 1998, on second and
final reading, by title only.
Ordinance 9, 1998 Mayor Russo declared the Public Hearing open, which was duly
advertised 4/22/98, providing for amendment of Section 106 -26 of
the Code of Ordinances entitled "Definitions" by amending the
definition of development, providing for amendment of Section 106-
29 of the Code entitled "Fee Imposed on Developments ", providing
for repeal of Section 106 -30 entitled "Eligible Projects ".
There being no comments from the public, Mayor Russo declared the
Public Hearing closed. Vice Mayor Furtado made a motion to adopt
Ordinance 9, 1998, and to place same on second and final reading, by
title only. The motion was seconded by Councilman Jablin and
unanimously carried. The City Clerk read Ordinance 9, 1998, on
second and final reading, by title only.
RESOLUTIONS:
Resolution 19, 1998 Mayor Russo read a letter into the record from Woodland Lakes
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Property Owners Association requesting that Resolution 19, 1998 be
removed from the agenda. It was the consensus of the City Council
to continue with this item, as it did not affect any final votes by the
Council for approval of the project.
Elliott Catarack, resident of Woodland Lakes, verified that the
association met and discussed this item, approving the contents of the
letter read by the Mayor.
Steve Mathison, attorney for Channing Corporation, stated that his
client requested that the City Council continue with the agenda as
prepared. Mr. Mathison stated that there were requirements that the
project must be built as approved and those requirements would be a
covenant for the next 20 years.
Jay Adolph, 10629 Hickory Drive, addressed the Council stating that
he was comfortable with Resolution 19, 1998, for concurrent
processing.
Lynn Huber, 4365 Hickory, addressed the Council stating that she
was in favor of Resolution 19, 1998.
Lois Kapica, 11811 Avenue of the PGA, addressed the Council
stating her support of Resolution 19, 1998.
Michael Martino, 320 Balsam Street, addressed the City Council
outlining past Council promises made to residents in the area of the
proposed development that stated the area would remain residential
only.
Vice Mayor Furtado made a motion, seconded by Councilman Jablin,
to approve Resolution 19, 1998, approval of a Development
Agreement between the City and Charming Corporation XXX for
property known as "The Commons ", Parcels 1, 2 and 3. A question
arose as to possible litigation by the petitioner should the project not
be approved by the City Council. Vice Mayor Furtado withdrew her
motion, and Councilman Jablin withdrew his second to the motion.
Attorney Steve Mathison suggested, and the City Council agreed, to
. add the following condition to the Developer's Agreement:
"Charming Corporation waves any right to sue the City regarding
anything arising from this agreement ".
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Vice Mayor Furtado made a motion to approve Resolution 19, 1998,
as amended. Councilman Jablin seconded the motion, which
unanimously carried.
ORDINANCES:
Ordinance 7, 1998 Councilman Jablin made a motion, seconded by Vice Mayor Furtado,
to place on first reading, Ordinance 7, 1998, providing for
amendment of Section 118 -38 of the Code of Ordinances, entitled
"Submission of Application ", by adding provisions regarding the
concurrent processing of petitions. The motion was unanimously
carried. The City Clerk read Ordinance 7, 1998, by title only, on first
reading.
Ordinance 10, 1998 Councilman Jablin made a motion, seconded by Councilman
Sabatello, to place Ordinance 10, 1998, providing for amendment of
the Site Plan for the Planned Unit Development known as
"Steeplechase ", on first reading, by title only. The motion was
unanimously carried. The City Clerk read Ordinance 10, 1998, on
first reading, by title only.
ITEMS FOR COUNCIL
ACTION
District Park Site
The City Manager reported staff had negotiated a purchase
agreement for acquisition of land from the MacArthur Foundation for
a district park site. Response to discussion regarding the possibility
of closing the agreement after the 60 -day review period was that the
MacArthur Foundation was letting the City use the land for two years
free and allowing them to build on it. The City Manager advised that
an environmental assessment had been completed and revealed no
prior uses which would hinder use of the property for the purpose
intended.
Councilman Jablin made a motion to authorize the Mayor and City
Manager to enter into a lease purchase agreement with the MacArthur
Foundation commencing May 8, 1998 and continuing through May
8, 2000 for 3 3.3 2 acres of land for a park, seconded by Vice Mayor
Furtado, and unanimously carried 4 -0
Tennis Center The Evaluation Committee had evaluated presentations from three
firms experienced in the design build method which had been chosen
for construction of the proposed tennis center, and recommended
authorization of the City Manager to negotiate and enter into a
• CITY COUNCIL REGULAR MEETING, 5/7/98 7
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contract with Recreational Design and Construction, Inc., of Ft.
Lauderdale, Florida in an amount not to exceed $1.1 million. The
design build process was explained. In response to how under this
process the City could be assured they were not paying too much, Joe
Serone with Recreational Design and Construction, Inc., explained
the team concept of building without cost overruns, and with the
advantage of speed, and recommended certain provisions be placed
into the contract. Councilman Sabatello stated it was his
understanding that there would be line items with specific amounts
to equal the total contract, and if items came in less that would be a
savings to the City. The City Attorney explained that this process
required the municipality to have some basic knowledge as to how
much the project cost; and the City Manager listed the negotiation
qualifications of staff members. Sources of funding to be spread over
2 fiscal years were discussed, as well as the desire to obtain a quality
product.
Councilman Jablin made a motion to authorize the City Manager to
enter into negotiations with Recreation Design and Construction, Inc.
of Ft. Lauderdale to build a tennis center in an amount not to exceed
$1.1 million. The motion was seconded by Councilman Sabatello,
and unanimously carried 4 -0.
ITEMS FOR DISCUSSION
NAMAC Report Fire Chief Peter T. Bergel provided a history of the NAMAC group,
whose operations included Fire, Police, and hazardous materials.
Chief Bergel reported that a feasibility study exploring the
possibilities of a centralized dispatch for participating members had
been completed. Fire Chief Bergel reported that Palm Beach Gardens
dispatch was currently provided by Palm Beach County Fire Rescue
at a good price, and that NAMAC was not anticipated to greatly
impact the City's operation, which included an automatic aid
agreement with Palm Beach County Fire Rescue in which the closest
unit for response was located via satellite. Impacts to the City
resulting from Palm Beach County's plans to close Station 16 were
discussed. The Frenchman's Creek development's need for a south
gate to increase response time was discussed. Fire Chief Bergel
expressed his opinion that the City should be able to negotiate a better
price with Palm Beach County Fire Rescue for services, and felt that
the City's participation in NAMAC was beneficial to the other
NAMAC members because of Palm Beach Gardens' resources, and
explained that NAMAC's calls to the City were very few.
• CITY COUNCIL REGULAR MEETING, 5/7/98 8
MacArthur Foundation
Comments on Comp Plan Principal Planner Kim Glas reviewed staff recommendations to
comments made by the MacArthur Foundation. Joe Ivey, with the
planning firm of Ivey, Harris & Walls, explained that the MacArthur
Foundation's position on eliminating the requirement for residential
land use in a mixed use development was that their market, as well as
the City's, would be drastically narrowed. Mr. Ivey requested City
Council approval to work with staff to find a resolution that could
work for both the MacArthur Foundation and the City regarding this
issue. After discussion, staff was directed to go through the maps and
designate residential areas. Mr. Ivey requested discussion with staff
regarding how the MacArthur Foundation might overcome the DCA
requirement to have at least two different land uses for special
circumstances when agreed to by staff. Mr. Ivey requested that
previously approved projects be vested for densities. Further research
on this item was directed. Ms. Glas explained that waivers could be
requested to professional office height limits. Ms. Glas commented
that MacArthur Foundation desired the ability to provide private
• roads in the conceptual thoroughfare plan, and staff `s position was
that this plan was for public roads and recommended any roads not
appropriate for public roads be eliminated. Mr. Ivey requested
ability to work out with staff when on- street parking would be
appropriate, rather than including it within the Comprehensive Plan.
Staff was directed to come to City Council if they believed flexibility
should not be given. Ms. Glas commented that staff did not
recommend reduction of the parkway easement because it would
reduce the amount of native vegetative area which made it a Florida
Greenway, and the Comprehensive Plan already allowed flexibility
in averaging the easement to accommodate meandering situations. It
was agreed that Mr. Ivey would be shown the Excavation and Fill
code currently under revision to answer the MacArthur Foundation's
concerns regarding commercial mining and allowing removal of fill
from the Loxahatchee Slough. Mr. Ivey was directed to discuss
additional issues of concern with staff.
CITY ATTORNEY
REPORT City Attorney Acton commented that the Excavation and Fill code
had been addressed, drafted, and was currently undergoing staff
review. The City Attorney advised that since the last meeting the
• Circuit Court Appellate Division had issued an order to show cause
in the NorthMil matter, and a response on behalf of the City would
be filed before the June 8 deadline.
• CITY COUNCIL REGULAR MEETING, 5/7/98 9
ADJOURNMENT
APPROVAL:
There being no furt r business to discuss the meeting was adjourned
5 PH R. RUSSO
VICE MAY UR LAUREN FURTADO
COUNCILm/kN CARL SABATELLO
ATTEST:
LIN V. KOSIER, C, CITY CLERK