HomeMy WebLinkAboutMinutes Council 091798• CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
SEPTEMBER 17, 1998
The September 17, 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, Councilman Eric Jablin and Councilman
Carl Sabatello. Councilman David Clark was absent from the
meeting.
ANNOUNCEMENTS Mayor Russo stated the announcements were as posted.
CITY MANAGER REPORT City Manager Herakovich announced that $66,674 had been
• received from the City's Annual Auction. The City Manager
announced that the County Commissioners had determined to go
forward with a March 9, 1999 county -wide referendum for park
acquisition which could include the City's option to purchase land
for a district park. The City Manager explained that the Department
of Environmental Resource Management would be identifying
additional lands to be included in the next Environmentally Sensitive
Lands program, some of which might be within the City. City
Manager Herakovich announced 122 applications for the position
of Assistant City Manager had been received and reported
interviews for the final 6 -8 candidates would be held later this
month. The City Manager announced that the Palm Beach
Municipal League would be holding their regular meeting on
September 23, 1998 at Greenacres City Hall with discussion
regarding the Florida Constitution revisions, and they would also
hold a joint meeting with the School Board, Municipal League
Board, and the Board of County Commissioners on November 30
from 3 -5 p.m.
The City Manager reported work on Golf Digest was progressing
and the petitioner would like to schedule first reading October 1
• with second reading on October 15, which would require advertising
before the first reading. Mayor Russo requested as a condition of
approval that a letter of agreement with Golf Digest be provided by
0
0,
CITY COUNCIL REGULAR MEETING, 9/17/98 2
the applicant. It was the consensus of the City Council to go
forward with first and second readings as requested so long as all
conditions were met.
PUBLIC HEARING
FY 1998/99 BUDGET Mayor Russo declared the Public Hearing open, which was duly
advertised 9/2/98 and held on the intent of Resolution 102, 1998 -
Levying a Tax of 3.7265 Mills on Non- Exempt Real and Personal
Property Located within the Corporate Limits of Said City for the
Year Ending December 31, 1998; and Ordinance 18, 1998 - Affixing
a total Valuation of the Real and Personal Property located Within
the Corporate Limits of the City of Palm Beach Gardens, Florida,
for the year Ending 12/31/98; Establishing a Tax Rate Thereon for
Said Year; Levying a Tax on Said Real and Personal Property for
Said Year; Adopting a Fiscal Year Budget for the Fiscal Year
Beginning on 10/1/98 and Ending on 9/30/99, Inclusive;
Appropriating Funds for Expenditures in Accordance with Said
Budget. Finance Director Kent Olson announced the proposed
millage rate of 3.7265 mills was a 0.0 percent increase over the
rolled back rate of 3.7265 mills. Hearing no comments from the
public, Mayor Russo declared the Public Hearing closed.
Vice Mayor Furtado made a motion, seconded by Councilman
Jablin, to approve Resolution 102, 1998, levying a tax of 3.7265
mills for the year 1998 -1999 for the City of Palm Beach Gardens.
The motion carried by unanimous 4 -0 vote.
Vice Mayor Furtado made a motion, seconded Councilman Jablin,
to place Ordinance 18, 1998, on second and final reading by title
only. The motion carried by unanimous 4 -0 vote. The City Clerk
read Ordinance 18, 1998 on first reading by title only.
PRESENTATION Golden Bear Plaza was awarded the City's Beautification &
Environmental Award.
ITEMS BY MAYOR
AND COUNCIL
Vice Mayor Furtado Vice Mayor Furtado complimented the Recreation Department on
the brochure listing Middle School Programs. Vice Mayor Furtado
suggested small businesses adopting a school to raise money to
prevent school children going door to door selling items.
Councilman Jablin reported that the Education Advisory Board had
an ad hoc committee which was working to get a participatory
• CITY COUNCIL REGULAR MEETING, 9/17/98 3
0
0
program started with businesses. Councilman Jablin commented he
would bring a brochure and make a report at the next meeting.
Councilman Sabatello Councilman Sabatello reported that qualified applicants for the
Planning and Zoning Commission were being sought.
Councilman Jablin Councilman Jablin announced the Education Advisory Board also
needed qualified applicants.
Mayor Russo Mayor Russo reported a meeting had been held with MacArthur
Foundation land representatives, representatives of the real estate
broker who was handling sale of their land, County Commissioner
Marcus, and representatives of most of the North County
municipalities. The Foundation presented an outline of how the
sales would be accomplished, reported their package was on the
street, that bids would be due October 28, and a decision would be
made as soon as possible after that. The Foundation's board would
make their decision based on what was best for the Foundation, but
agreed to do their best not to injure the cities.
Mayor Russo reported he had attended the Police Awards Breakfast
and requested all of the City Council members attend next year.
Mayor Russo requested the City Council members pick up their
packets at City Hall. Mayor Russo reported he and Councilman
Sabatello had attended the PAL Golf Tournament. Mayor Russo
reported he had participated in a mock quasi judicial hearing and
urged other council members to participate in similar meetings. The
Mayor discussed the adult entertainment zoning required by State
law to have a site for every 6,000 residents, and suggested
discussions with the County to handle this issue on a county -wide
basis.
Councilman Jablin Councilman Jablin discussed a large billboard which was in the
process of being erected on Northlake Boulevard. City Attorney
Acton reported that a relocation settlement between the County and
the billboard company had resulted in placement of this billboard
and another on U.S. One, and relocation of the billboard next to
Checkers on Northlake Boulevard. The City Attorney explained
that his office was actively working on this issue; however, the City
had no control as long as the billboards were on County land. The
Vice Mayor requested information regarding annexation of enclaves.
Mayor Russo commented that the proper way to handle the issue
was to contact Commissioner Marcus.
0 CITY COUNCIL REGULAR MEETING, 9/17/98 4
CONSENT AGENDA Councilman Jablin made a motion, seconded by Vice Mayor
Furtado to approve the Consent Agenda with items 2 and 4 pulled.
The motion carried by unanimous vote of 4 -0. The following items
were approved on the Consent Agenda:
1. Approval of 9/3/98 City Council Regular Meeting Minutes.
3. Resolution 100, 1998 - Consideration of Approval of an
Agreement Between the City and Shady Lakes Homeowners
Association for Maintaining Shady Lakes Drive Mowing and
Landscaping.
Sue Miller, Parks and Recreation Director, reviewed the job
responsibilities for tennis professional, item 2 pulled from the
Consent Agenda - Resolution 96, 1998 - Consideration of Approval
of a Contract for a Tennis Professional for the 1998/1999 Fiscal
Year. Mayor Russo requested that the Parks and Recreation
Director consult with PBG YAA regarding bringing in additional
coaching services to better train children in sports. Councilman
Jablin made a motion, seconded by Vice Mayor Furtado to approve
• the Resolution 96, 1998. The motion carried by unanimous vote of
4 -0.
Vice Mayor Furtado expressed her agreement with Resolution 103,
1998 - Consideration of Approval Urging the Florida Legislature to
Provide School Districts that Utilize Pro - Active Measures in the
Design, Construction and Remodeling of Local Schools for
Enhancement of Safety Concerns, which had been pulled from the
Consent Agenda. The Vice Mayor requested a second resolution to
support utilizing a prototype plan for schools with language to be
formulated by the Education Advisory Board, in order to save
money spent on design every time a school was constructed. Vice
Mayor Furtado made a motion, seconded by Councilman Jablin to
approve Resolution 103, 1998. The motion carried by unanimous
vote of 4 -0.
PUBLIC HEARINGS:
Ordinance 17, 1998 Mayor Russo declared the Public Hearing open, which was duly
advertised 9/2/98 and held on the intent of Ordinance 17, 1998,
providing for Adoption of Section 2 -294 of the City Code of
Ordinances, Establishing a Dollar Amount Threshold for Seeking
Competitive Sealed Bids or Proposals. Hearing no comments from
• the public, Mayor Russo declared the Public Hearing closed.
Vice Mayor Furtado made a motion, seconded by Councilman
CITY COUNCIL REGULAR MEETING, 9/17/98 5
Jablin, to adopt Ordinance 17, 1998 providing for a Bid Threshold
of $10,000, on Second Reading by title only. The motion carried by
unanimous 4 -0 vote.. The City Clerk read Ordinance 18, 1998 on
second reading by title only.
RESOLUTIONS
Resolution 99, 1998 Councilman Jablin made a motion, seconded by Vice Mayor
Furtado, to adopt Resolution 99, 1998 - Consideration of Approval
of Establishment of a Palm Beach Gardens Neighborhood Program.
Motion carried by unanimous 4 -0 vote.
ORDINANCES
Ordinance 13, 1998 Principal Planner Marty Minor discussed proposed changes to noise
standards concerning golf courses, sanitation trucks, and
construction times. Mr. Minor recommended changing the 10 p.m.
closing time for construction to 8 p.m. before second reading. Staff
was requested to look at the possibility of uniformity in starting
times.
• Councilman Jablin made a motion, seconded by Vice Mayor
Furtado, to place Ordinance 13, 1998 - Providing for Amendment
of Chapter 34 of the Code of Ordinances Entitled "Environment" by
Amendment All Sections of Article III, Entitled "Noise" on first
reading by title only. Motion carried by unanimous 4 -0 vote. The
City Clerk read Ordinance 13, 1998 on first reading by title only.
Ordinance 19, 1998 City Forester Mark Hendrickson presented the project for
Ordinance 19, 1998 - Providing for Amendment to Ordinance 11,
1995, as Amended, Which Approved a PUD /Site Plan for the
Hibiscus Restaurant, Formerly Known as The Bridge Center, by
Amendment of the Landscape Plan, Building Exterior Colors and
Wall Sign Colors. After review of the landscape plans and the color
requests, direction was given to the applicant to subdue the hibiscus
color, to replace the blue with one of the colors in the building- -
possibly the patina, to make the lower band the dark color shown in
the first rendering, to leave the cupola color the same with no stripes
and to make the domes a solid color matching the roof color.
Councilman Jablin made a motion, seconded by Councilman
Sabatello, to place Ordinance 19, 1998 on first reading by title only.
• Motion carried by unanimous 4 -0 vote. The City Clerk read
Ordinance 19, 1998 on first reading by title only.
•
CITY COUNCIL REGULAR MEETING, 9/17/98 6
ITEMS FOR COUNCIL
ACTION
Municipal Complex Irrigation
Amara Shrine Circus Special
Event Request
ITEMS FOR DISCUSSION
Christ Fellowship Church
Ordinance 19, 1998 on first reading by title only.
Architect Kevin Ratigan, with Architects Design Group, reviewed
the proposed change order to change the 6" main supply lines to the
irrigation system coming from a single pumping station to an 8"
line with a connection for a future second pumping station.
Councilman Jablin made a motion, seconded by Vice Mayor
Furtado, to authorize the City Manager to institute Change Order
No. 2 in an amount up to $58,134. Motion carried by unanimous 4-
0 vote.
Mayor Russo requested and received clarification from the
Recreation Director that the opening date for the tennis courts was
now January 15, 1999.
It was reported that no objections had been received as a result of
letters sent to the neighbors of the Amara Shrine on RCA
Boulevard, as directed by the City Council at the last meeting.
Councilman Jablin made a motion, seconded by Vice Mayor
Furtado, to approve the Amara Shrine Circus Special Event
Request. Motion carried by unanimous 4 -0 vote.
Growth Management Director Roxanne Manning reviewed a
request from Christ Fellowship Church for minor amendments to
their original approval, which included shifting of walls in the
office area, minor adjustments at the entrance to accommodate
traffic, additional landscape materials and berm, and an additional
dry detention area. City Engineer Lindahl reviewed the detention
area.
Resident Joan Altwater expressed concern with traffic exiting the
east ingress /egress. Resident Ciro Degasperis requested that this
project abide by the conditions established in November 1997 for
this project to move forward. Alan Ciklin, Attorney for the
applicant, verified that the applicant agreed to the changes. Vice
Mayor Furtado made a motion, seconded by Councilman Jablin, to
direct staff to continue work on administrative approval for the
amendments presented. Motion carried by unanimous 4 -0 vote.
CITY ATTORNEY REPORT City Attorney David Acton discussed concurrency and what the
• CITY COUNCIL REGULAR MEETING, 9/17/98 7
City Council could or could not do under current law; and
explained that the intent of the law was to make concurrency a
school district wide effort by preventing a county or single
municipality from adopting any form of school concurrency. The
City Attorney explained that a single city could work with the
school district to develop a program, and could enter into interlocal
agreements with the school district and/or other municipalities, but
could not prevent a developer from developing a project because
the school district did not have a school in their plan for that area.
City Attorney Acton reviewed new language required to be placed
into the Comprehensive Plan element for concurrency. The City
Council discussed holding a joint meeting with the School Board.
Councilman Jablin agreed to try to set up the meeting and to
provide information to the City Council regarding school capacity
before the meeting. It was agreed that the Education Advisory
Board could attend the joint meeting as observers.
City Attorney Acton reported that a recent land use decision in the
Alexander case involving Jupiter would be a good precedent for the
City since the decision reconfirmed the city's authority in land use
decisions.
•
CITY COUNCIL REGULAR MEETING, 9/17/98 8
ADJOURNMENT
APPROVAL:
ATTEST:
There being no further business to discuss, upon motion by Vice
ilman Jablin, the meeting was
FURTADO
COUNCIL AVID CLARK
COUNCIL ARL SABATELLO
IND%A V. KOSIER, CMC, CITY CLERK