HomeMy WebLinkAboutMinutes Council 020697CITY COUNCIL
REGULAR MEETING
FEBRUARY 6, 1997
The February 6, 1997, 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, 10500
North Military Trail, Palm Beach Gardens, Florida, and opened
with the Pledge of Allegiance to the Flag.
ROLL CALL The roll was called by the City Clerk and the following elected
officials were found to be in attendance: Mayor Joseph R. Russo,
Vice Mayor Lauren Furtado, Councilwoman Linda Monroe and
Councilman David Clark. Councilman Jablin arrived at 7:45 P.M.
ANNOUNCEMENTS Mayor Russo stated that the announcements were as listed on the
agenda and posted on the City's bulletin boards.
PRESENTATIONS Architects Design Group (ADG) made a presentation to the City
Council showing proposed conceptual plans for the new Municipal
Complex. ADG showed that the building had been set back further
from Military Trail, and an expanded parking lot plan with
landscaping to allow more shaded areas. ADG explained that
significant parking had been added to serve the Police Department
at certain times and Recreation at other times. ADG showed that
the Council Chambers would be separate from the main building,
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allowing the main building to be locked and secured during
Council meetings. The City Council expressed their concerns that
the building be designed in a traditional style and that the traffic
circulation be restudied.
Architects Ed Oliver and Jeffrey Ornstein critiqued ADG's
conceptual plan, stating that it was important for the municipal
complex to make a statement on Military Trail and that particular
attention should be made to the traffic circulation both off Military
Trail and off Burns Road. ADG stated they would take the
thoughts of the City Council into consideration as they revise the
plans.
AWARDING OF BIDS
Laser Imaging Vice Mayor Furtado made a motion to award the bid for Laser
Imaging Equipment, per State Contract, with Imaging Solutions for
a Sharp System, seconded by Councilman Clark. The motion was
unanimously carried.
Concession Stand
Operations Vice Mayor Furtado made a motion to approve the awarding of the
bid for Concession Stand Operations for Gardens Park and Lake
Catherine Sports Fields to J.C.J.B. Corporation, seconded by
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Councilman Clark. The motion was unanimously carried.
Consulting Firm for
Comprehensive Compensation
Study Councilman Clark made a motion to award the bid for a Consulting
Firm for a Comprehensive Compensation Study to Municipal
Advisors, Inc., seconded by Councilman Jablin. The motion was
unanimously carried.
1997 Fire Engine City Manager Herakovich stated that originally $225,000 was
budgeted for the purchase of 1997 Fire Engine and prices received,
including additions, were approximately $302,447. The funding
for this item comes from Fire Impact Fees, and the Fire
Department indicated that they would delay the purchase of an
EMS vehicle to a later date to be able to go ahead with this
purchase. Council felt that if the equipment was needed the City
should purchase it and not delay the purchase of other equipment
that was needed.
Councilwoman Monroe made a motion to award the bid for one
1997 Fire Engine with a fully enclosed 4 -door air conditioned full
tilt cab as recommended by staff to Pierce Manufacturing,
seconded by Councilman Jablin. The motion was unanimously
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carried.
Mayor Russo suggested staff look at the Fire Impact Fees since the
equipment is costing more than originally thought. City Manager
Herakovich stated that staff had already begun the process.
Resolution 162, 1997 City Manager Herakovich stated that Resolution 162, 1997, on the
Consent Agenda would not be considered this evening.
ITEMS BY THE MAYOR
AND COUNCIL
Vice Mayor Furtado Vice Mayor Furtado stated she had a conference call with a
representative of the Turnpike Authority referencing the Northlake
Interchange who stated this project had priority. Mr. Ecclestone
agreed to do an expanded diagram with Hunter Associates in an
effort to get a better view of elevations. Vice Mayor Furtado met
with the MacArthur Foundation who indicated they would work
with the Turnpike Authority and Mr. Ecclestone.
Vice Mayor Furtado stated that the problems with CB radios has
now expanded to include service interruption problems with
regular telephone usage. Vice Mayor Furtado stated that Bell
South is now working on this problem, along with Channel 5, and
advised that federal authorities have been brought in for assistance.
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Vice Mayor Furtado questioned the progress of the temporary
sound barrier walls on I -95. City Manager Herakovich stated the
walls had been delayed because of an issue with and FP &L
easement. Greg Dunham, Assistant City Manager, stated that
DOT wanted the walls placed in a location that would not allow
room for any equipment to mow, so the City asked FP &L to put
the fence in their easement. Mr. Dunham stated that he hoped for
an answer from FP &L in the very near future.
Vice Mayor Furtado referenced her concern re: background checks
for volunteers using the City's fields. City Manager Herakovich
stated that the PBGYAA agreed with the background checks,
however, has not implemented the program. The City Council
questioned whether the City could force PBGYAA to do
background checks on volunteers. Councilman Clark suggested
staff contact the PBGYAA to determine why a background check
program had not been implemented.
COMMENTS FROM
THE PUBLIC
John Zearly Mr. John Zearly, resident of Palm Beach Gardens, asked what the
Council was recommending regarding the problem with the Codes
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re: parking of commercial vehicles. Mayor Russo stated the City
Council would be appointing a Neighborhood Initiative Task Force
that would take the problem of parking of commercial vehicles into
consideration.
Sue Williams Sue Williams, resident of Palm Beach Gardens, addressed the City
Council expressing her displeasure with a moratorium for the
RV /Boat ordinance. Ms. Williams did not think that residents that
did not purchased the required decals in the time frame allowed
should be given another opportunity to do so.
CONSENT AGENDA Councilwoman Monroe made a motion to approve the Consent
Agenda, without Resolution 162, 1997. The motion was seconded
by Vice Mayor Furtado and unanimously carried. The following
items were approved on the Consent Agenda:
1. Approval of Minutes of 1/16/97 City Council Regular Meeting.
3. Resolution 2, 1997, Approval to Amend the Site Plan for South
Park Center, Lot 2 (Keebler) Sign Package.
4. Resolution 19, 1997, Approval of Name Change for Platted
Roads Within the Regional Center PCD as Depicted on Mira
Flores Plat
5. Resolution 20, 1997, Approval of a Tri -Party Agreement for
Improvements to Softball Field at Palm Beach Gardens High
School.
6. Resolution 21, 1997, Approval of Disposal of Surplus Assets
from the Police Department.
7. Conceptual approval Agreement for the Frenchman's Forest
Ecosite, Florida Communities Trust (FCT) Program.
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PUBLIC HEARINGS
Ordinance 22, 1996 Mayor Russo declared the Public Hearing open, which was held on
the intent of Ordinance 22, 1996, consideration of approval to
create Chapter 3 of the Palm Beach Gardens Code of Ordinances to
be entitled "Personnel Program ", as advertised 1/4/97 and
postponed from the Regular Meeting of 1/16/97.
City Manager Herakovich stated that the packet this evening
contained some minor changes already seen by the City Council.
The issue of the Conversion Policy has been placed into a separate
resolution for the City Council's consideration. City Attorney
David Acton handed out a summary of amendments to Ordinance
22, 1996, and explained the amendments to the Council.
Attorney Acton stated that Amendment 1 made changes to the
Ordinance, which had already been incorporated into the
Ordinance copy given to the City Council. Attorney Acton stated
that the changes referenced in Amendment 1 were not substantive.
Amendment 2 contained more important changes and some would
have been made by the codification authority. The major change in
Amendment 2 was the definition of "Sexual Harassment ".
There being no comments from the public, Mayor Russo declared
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the Public Hearing closed.
Councilman Clark made a motion to approve Amendment i to
Ordinance 22, 1996, seconded by Councilwoman Monroe. The
motion unanimously carried.
Councilman Clark made a motion to approve Amendment 2 to
Ordinance 22, 1996, seconded by Councilwoman Monroe. The
motion unanimously carried.
Councilman Clark made a motion to place Ordinance 22, 1996, on
second reading, by title only, and for approval. Councilwoman
Monroe seconded the motion, which unanimously carried.
The City Clerk read Ordinance 22, 1996, by title only, on second
and final reading.
Ordinance 25, 1996 Mayor Russo declared the Public Hearing open, which was duly
advertised 1/22/97, and held on the intent of Ordinance 25, 1996,
consideration of approval to restate the Retirement Plan for
General Employees of the City of Palm Beach Gardens, Florida,
and amending Section 15 thereof, providing for codification.
There being no comments from the public, Mayor Russo declared
the Public Hearing closed.
Councilwoman Monroe made a motion to place Ordinance 25,
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CITY COUNCIL REGULAR MEETING, 2/6/97
1996, on second reading, by title only, and for adoption of same.
Vice Mayor Furtado seconded the motion, which unanimously
carried.
The City Clerk read Ordinance 25, 1996, by title only, on second
and final reading.
Ordinance 26, 1996 Mayor Russo declared the Public Hearing open, which was duly
advertised on 1/16/97 and held on the intent of Ordinance 26,
1996, consideration of approval for an amendment to the
Admiralty II Planned Unit Development to allow for a time
extension to construct a second 10 -story office tower and 2 -story
garage.
Rich Walton, Planning and Zoning Director, detailed the
application for a time extension. Mr. Walton stated that the City
Engineer had reviewed the petition and determined that a good
faith effort had been met. The Traffic Engineer reviewed the
petition in terms of the concurrency standards and determined that
those standards had been met. The Traffic Engineer recommended
the eastbound right turn lane at the PGA Boulevard entrance be
constructed prior to the issuance of a certificate of occupancy, and
staff recommended approval with this item as a condition.
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There being no comments from the public, Mayor Russo declared
the Public Hearing closed.
Councilman Clark made a motion to place Ordinance 26, 1996, on
second reading, by title only, and for approval of same.
Councilman Jablin seconded the motion, which carried by a vote of
4 ayes and 1 nay, with Councilwoman Monroe casting the nay
vote.
Councilwoman Monroe stated she felt the ordinance failed to meet
the intent of the Code, feeling the ordinance should have stated that
the Council reviewed the consistency issues and determined that
any inconsistencies did not warrant not approving a time extension.
Councilwoman Monroe stated that she felt there would be too
much development on this site and had voted against time
extensions for this project in the past. The City Clerk read
Ordinance 26, 1996, by title only, on second and final reading.
Ordinance 2, 1997. Mayor Russo declared the Public Hearing open, which was duly
advertised 1/22/97 and held on the intent of Ordinance 2, 1997,
consideration of approval to amend Chapter 70 of the Code of
Ordinances of the City of Palm Beach Gardens entitled "Traffic
and Vehicles "; providing for amendment of Article 11 entitled
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"Specific Street Regulations" by enacting a new Section 70 -32,
authorizing the Engineering Department and City Manager to
determine the need for official traffic control devices and signals,
and new Section 70 -33 providing the authority to install or remove
same; providing for ratification of existing traffic control devices
and signals; providing for codification.
There being no comments from the public, Mayor Russo declared
the Public Hearing closed.
Vice Mayor Furtado made a motion to place Ordinance 2, 1997, on
second and final reading and for approval of same. Councilman
Jablin seconded the motion, which unanimously carried.
The City Clerk read Ordinance 2, 1997, by title only, on second
and final reading.
RESOLUTIONS
Resolution 8, 1997 The City Council discussed appointments to the Neighborhood
Initiative Task Force and the following names were suggested for
appointment: Bill Beville, Wanda Robbins, John King, Dr. Richard
Ormond, Barbara Davis, Pat Hughey, Louise Zuckweiler, Lynn
Huber, Richard Fox, Jim Watt, and Robert Angelino.
The City Council agreed that Seymour Fine would be notified of
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meetings of the Task Force, however, would not be a voting
member of said committee. It was further suggested that Rev.
Mullins of Palm Beach Gardens Christ Fellowship Church be
notified of meeting dates. Mayor Russo suggested that all churches
in the City be notified of the meetings.
Councilman Clark made a motion to approve Resolution 8, 1997,
with the following names inserted in the blanks: William Beville,
Wanda Robbins, John King, Richard Ormond, Barbara Davis, Pat
Hughey, Louise Zuckweiler, Richard Fox, Lynn Huber, Jim Watt
and Robert Angelino. The motion was seconded by
Councilwoman Monroe and unanimously carried.
Resolution 16, 1997 Richard Walton, Planning and Zoning Director, detailed the
application for approval of a site plan for Parcel 7, located within
the BallenIsles PCD for the construction of 34 single - family
custom homes. Mr. Walton stated that the Planning and Zoning
Commission unanimously recommended approval of this petition
with 7 conditions, however, the petitioner had revised plans to
eliminate the need for one of the conditions. Staff recommended
approval of this petition.
Hank Skokowski, agent for the petitioner, addressed the City
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Council expressing concerns regarding staff listing waivers for
PUDs and asked for legal staff review as to whether or not the
Code required a PUD application to meet all standards and
required petitioners to ask for waivers. Councilwoman Monroe
suggested that the Council discuss this issue in the future, feeling
the Code may need some amendments for clarification.
Councilwoman Monroe made a motion for approval of Resolution
16, 1997, seconded by Vice Mayor Furtado. Councilman Clark
asked what the petitioner planned to do to avoid traffic speeding
down the roadway through this development. Mr. Skokowski
stated they did not feel this would be a problem, however,
Councilman Clark stated it would be a problem and something that
the petitioner should consider. The motion was unanimously
carried.
Resolution 17, 1997 Councilman Clark made a motion to approve Resolution 17, 1997,
consideration of approval of a benefit conversion program for
existing general employees of the City in accordance with
Ordinance 22, 1996. Councilman Jablin seconded the motion,
which unanimously carried.
Resolution 18, 1997 Richard Walton, Planning and Zoning Director, announced that
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staff recommended postponement of Resolution 18, 1997, as there
were some drainage issues that were unresolved. Mayor Russo
stated that he would prefer to know items that were to be
postponed at the beginning of the agenda since some members of
the audience had been waiting to speak to certain issues. Mrs. Gay
Turtur, a PGA National homeowner, addressed the Council to
thank the Council and the City Manager for the support on PGA
National's position regarding the landscape berm. Mrs. Turtur
asked that should the Council consider approval of this landscape
buffer the resolution be worded to approve the landscaping buffer
along the turnpike with the understanding that it be in compliance
with the March 10, 1996, agreement between the C.A.N.
Environmental Awareness Committee and the Florida Turnpike
Authority.
ORDINANCES
Ordinance 5, 1997 It was the consensus of the City Council not to bring the RV/Boat
Task Force back together and to allow staff to research and rewrite
certain sections of the Code regarding rv/boats.
Councilwoman Monroe made a motion to place Ordinance 5, 1997,
on first reading, by title only, as amended in the third
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"WHEREAS" paragraph so the last part of the sentence would
read "and desires time to allow for minor revisions to certain
sections of the Code." Vice Mayor Furtado seconded the motion,
which unanimously carried.
The City Clerk read, by title only, on first reading, Ordinance ;5,
1997.
Ordinance 6, 1997 Councilwoman Monroe made a motion to place Ordinance 6, 1997,
consideration of approval to amend Chapter 33 of the Palm Beach
Gardens code, specifically Section 33 -35 E 4, entitled "Police
Department"; providing for adoption of Section 415 of the Internal
Revenue Code; providing for certain required distributions.
Councilman Clark seconded the motion, which was unanimously
carried.
The City Clerk read Ordinance 6, 1997, by title only, on first
reading.
ITEMS FOR
COUNCIL ACTION
Vice Mayor Furtado Vice Mayor Furtado asked for an update on the sidewalk along
Burns Road. City Manager Herakovich stated that the Burns Road
sidewalk on the south side of the road was not totally designed and
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the Engineer was still reviewing plans. Mrs. Herakovich stated
that this item has been added to the work program. Mrs.
Herakovich stated that staff knew where the sidewalk would be
located and it would be possible for landowners along the south
side of Burns Road to install needed landscaping. Vice Mayor
Furtado asked staff to contact landowners so they would know
where to install landscaping.
Councilwoman Monroe Councilwoman Monroe stated that a week ago she attended the
MacArthur Visioning for their 1600 acre crane site.
Councilwoman Monroe stated that the meeting was a positive
experience and was attended by Neil Merin, a high profile
industrial real estate person. Councilwoman Monroe stated she sat
in on the site specific group. Several scenarios were discussed,
utilizing some of the area for development and leaving some areas
for open space. The South Florida Water Management District\
would like to have about 1200 acres and have been negotiating
with the MacArthur Foundation. The end result were 3 proposals,
however, the newspaper did not correctly report on those
proposals, especially the part about Councilwoman Monroe liking
the equestrian community because of the taxes. Councilwoman
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CITY COUNCIL REGULAR MEETING, 2/6/97
Monroe stated the three proposals were basically: 1) 3 strips
through the area to concentrate development on that would be
connected by bridges. This wasn't too highly thought of because it
intruded on the lands being sought by the SFWMD. The other 2
proposals differed only in the amount of land to be preserved and
both proposals called for large lots. Mr. Merin thought the idea of
an equestrian community was a great idea and thought that the one
way to preserve the land as open space was to designate it as
industrial because it would not happen in this location. Mr. Merin
stated that the free trade zone would not happen in that area
because there was too much competition, Councilwoman Monroe
stated she had written a lengthy response to the editorial board of
the Palm Beach Post. The MacArthur Foundation did not get
proposals for heavy development and will now have to decide what
to do with the land.
The Code Enforcement Board met Monday night, and
Councilwoman Monroe stated the Board needed help with
Robert's Rules of Order and added that the Chairman needed help
in being a stronger leader. Councilwoman Monroe stated she was
disappointed in the Board reducing a fine when the violation had
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CITY COUNCIL REGULAR MEETING, 2/6/97
been one that would have been easily resolved. Councilwoman
Monroe asked that, short of not reappointing certain members, how
the Code Enforcement Board could be strengthened. Councilman
Clark stated that at one time there was a similar problem with the
Planning and Zoning Commission and the Council had a joint
session with the Board so that they could share philosophies.
Councilman Clark suggested that the Council consider having a
joint session with the Code Enforcement Board. City Manager
Herakovich stated that at one point staff had been working with
former City Attorney Baird to research having a Special Master,
pointing out that many communities have had the same problem
with Code Enforcement Boards. Mrs. Herakovich stated that the
City of West Palm Beach recently went with a Special Master for
code enforcement. It was agreed that it was hard for residents to
pass judgement on fellow neighbors and the City should consider
looking into a Special Master for code enforcement.
Mayor Russo Mayor Russo stated that the City hosted a North County Economic
Advisory Group meeting this morning and had a presentation on
the aquarium for Riviera Beach. Mayor Russo stated that Riviera
Beach would be coming to the Council for their support in the
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CITY COUNCIL REGULAR MEETING, 2/6/97
future.
ITEMS FOR DISCUSSION
PGA National Master Plan
Update Kim Glas, Principal Planner, stated that at the 1/2/97 meeting the
City Council indicated that the proposal to allocate the project's
remaining 163 dwelling units to the resort core would not be
acceptable. The Council also indicated that unallocated "floating"
units would not be acceptable. The developer now proposed that
the remaining 163 units not already approved to a residential parcel
be allocated to the PGA National Office Park and to keep the
remaining 163 units for flexibility in the future. Further, it was
proposed that this allocation be for a period of 3 years. After 3
years, if the developer had not come forward with a site plan that
was acceptable to the City Council, the units would be eliminated
from the project.
It was the consensus of the City Council that this proposal was not
acceptable.
97 -1 Round of
Amendments Hank Skokowski addressed the City Council re: a petition which
proposed to amend the Comprehensive Plan's definition of the
Professional Office land use category to allow Assisted Living
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Facilities (ALFs). Mr. Skokowski outlined his reasons for the
petition, stating that this would be a form of density control.
It was the consensus of the City Council that ALFs were not a
proper use in the Professional Office land use category and was not
a change the Council would approve.
CITY MANAGER REPORT City Manager Herakovich reported that her office as well as the
Assistant City Manager's office was flooded this morning because
of a leak in the air conditioning ducts and stated that this incident
only reinforced the need for a new municipal complex.
City Manager Herakovich stated staff met with the
Telecommunications Attorney and made progress on the cellular
tower ordinance and the communication tower ordinance issues.
This attorney would also be negotiating the cable franchise
renewal.
Mrs. Herakovich stated staff met with and made presentations to
two Deans, the Vice President of FAU and the President of the
Pine Jog Nature Center as directed by Council, to inquire as to any
coordination that could be done with the proposed nature center.
The presentation was well received and there were offers of help
for partnerships and educational opportunities.
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Mrs. Herakovich stated that the modulars were taking shape and
would be ready for staff to move in the first week in March.
Mrs. Herakovich stated staff wanted to schedule an advisory board
recognition day. The City Council agreed that Thursday, February
27, 1997, would be a good date for an evening reception. Mrs.
Herakovich stated she would coordinate plans and report back to
the Council.
Mrs. Herakovich stated that the Spotlite Theater and Coastal
Playhouse Theater of Tequesta have joined to form an alliance
called the North County Theater Alliance and were very interested
in locating a facility in the City on City property. The Alliance has
made a proposal to staff that will be evaluated. The group is
planning to raise $1,200,000 as they have outgrown the
Community Center.
City Manager Herakovich stated that the Mayor received a letter
from Cathy Babin regarding scoreboard and roller hockey signage.
At the next meeting the Council will consider second reading of
the Park Code Ordinance, and Mrs. Herakovich asked that the City
Council look carefully at this ordinance as staff recommended
signage that would allow for the Pepsi scoreboard type use, but
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restricted the use of signage to the landowner, which was the City,
in sponsorship activities. Staff felt that if it was open to one group
it would have to be opened to all groups. Mrs. Herakovich
suggested that she respond to Mrs. Babin to let her know that this
item would be discussed at the second reading of the park
ordinance. It was the consensus of the City Council that Sign Code
ordinance would have to be amended to allow Mrs. Babin's
request.
CITY ATTORNEY REPORT
Verified Complaint City Attorney Acton stated the City received a couple of
documents in regard to Palm Beach Country Estates and the
communication tower approval. These documents are under legal
review and would be a separate item on the agenda for February
20, 1997, so that both items could be addressed properly. Mayor
Russo apologized for any members of the audience that
waited to receive a report from the City Attorney this evening and
stated that they should attend the meeting of February 20, 1997, for
information regarding this issue,
ADJOURNMENT There being no further business to discuss, the meeting was
adjourned at 11;20 p.m.
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APPROVAL
Vice Mayor Lauren Furtado
ATTEST:
Linda'V. Kosier, CMC, City Clerk
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Councilwoman Linda Monroe
Councilman Eric Jablin
Councilman David Clark