HomeMy WebLinkAboutMinutes Council 050197CITY COUNCIL
REGULAR MEETING
MAY 1, 1997
The May 1, 1997, Regular Meeting of the City Council of the City
of Palm Beach Gardens, Florida, was called to order at 7:33 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 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 and Councilman Eric Jablin.
Councilwoman Linda Monroe and Councilman David Clark were
absent as they were out of town.
ANNOUNCEMENTS Mayor Russo stated that the announcements were as listed on the
agenda and posted on the City's bulletin boards. Mayor Russo
welcomed the Palm Beach Gardens Community High School
American Government Class that was in attendance as a class
assignment.
PRESENTATIONS
Haas, Diaz - Audit Report Mr. Chuck Haas stated that his firm had conducted the annual audit
for the City of Palm Beach Gardens and praised the City Council,
Finance Department and Administration for the work performed
CITY COUNCIL REGULAR MEETING, 511197
during the last year. Ms. Wendy Wells, Manager of the Audit,
highlighted specific details of the City Audit, stating that the City
was fiscally sound.
AWARDING OF BIDS
Pipe Repairs Vice Mayor Furtado made a motion to approve staff's
recommendation to award a bid for the repair of damaged pipes
from the October Flood of 1995 to D. S. Eakins in the amount of
$110,7 14.00 to be taken from the gas tax fund, with the City
2
piggybacking off a contract with Palm Beach County. The motion
was seconded by Councilman Jablin and unanimously carried.
Road Striping Vice Mayor Furtado made a motion to approve staff's
recommendation to award a bid for Striping of Resurfaced Roads
for 95 -96 Budget to Coastline Marking in the amount of
$32,228.93, with the City piggybacking off a contract with Palm
Beach County. The motion was seconded by Councilman Jablin
and unanimously carried.
Public Works Vehicles Vice Mayor Furtado made a motion to approve staff's
recommendation to award a bid for the purchase of vehicles for
Public Works to Ed Morse Fleet Sales, piggybacking of the Metro
Dade annual contract, in the amount of $75,995.08. The motion
was seconded by Councilman Jablin and unanimously carried.
CITY COUNCIL REGULAR MEETING, 5/1/97 3
CONSENT AGENDA Vice Mayor Furtado made a motion to approve the Consent
Agenda. The motion was seconded by Councilman Jablin and
unanimously carried. The following items were approved on the
Consent Agenda:
1. Approval of 4/10/97 City Council Workshop Meeting.
2. Proclaiming May 4 -10, 1997 as "Municipal Clerks Week"
3. Proclaiming May It -17, 1997 as "National Hospital Week"
I' is _ 1� ` • ■ : 1EW
Ordinance 4, 1997 Kim Glas, Principal Planner, addressed the City Council detailing
the petition regarding the amendment to The Oaks Center,
outparcel at "The Oaks "Planned Unit Development. Ms. Glas
stated that the previous condition for "The Oaks" PUD that
required the petitioner to widen Burns Road had been eliminated
because of a decrease in traffic on Burns Road.
William Shannon, representing the applicant, stated that his client
agreed with the conditions suggested by staff.
The following new condition was added to Section 2. of Ordinance
4, 1997: "4. All conditions heretofore required for development,
except for any required widening of Burns Road between Gardens
East Drive and Prosperity Farms Road, as imposed in connection
with approval of Resolution 60, 1993, which condition is hereby
eliminated."
Mayor Russo declared the Public Hearing open, which was duly
CITY COUNCIL REGULAR MEETING, 511197 4
advertised 4116197 and held on the intent of Ordinance 4, 1997,
amendment to The Oaks Center, outparcel at "The Oaks" Planned
Unit Development, to allow for a time extension to construct three
office buildings. There being no comments from the public, Mayor
Russo declared the Public Hearing closed.
Vice Mayor Furtado made a motion to approve the amendment to
Ordinance 4, 1997, as read by City Attorney David Acton.
Councilman Jablin seconded the motion, which unanimously
carried.
Vice Mayor Furtado made a motion to approve Ordinance 4, 1997,
as amended, and to place the ordinance on second and final
reading, by title only. Councilman Jablin seconded the motion,
which unanimously carried. The City Clerk read Ordinance 4,
1997, on second and final reading, by title only.
Ordinance 16, 1997 Mayor Russo declared the Public Hearing open, which was duly
advertised 4116197 and held on the intent of Ordinance 16, 1997,
providing for adoption of Sections 2 -291 through 2 -293 of the City
Code of Ordinances, establishing policies and procedures for City
finance matters, including the term of the fiscal year, adoption of
standard operating procedures by the City Manager; approval of
amendments to the annual budget which increase the total amount
appropriated, and transfer of appropriated amounts between funds.
CITY COUNCIL REGULAR MEETING, 511197 5
There being no comments from the public, Mayor Russo declared
the Public Hearing closed.
Vice Mayor Furtado made a motion to approve Ordinance 16,
1997, and place the ordinance on second and final reading, by title
only. Councilman Jablin seconded the motion, which unanimously
carried. The City Clerk read Ordinance 16, 1997, on second and
final reading, by title only.
RESOLUTIONS:
Resolution 45, 1997 At the request of Vice Mayor Furtado, Resolution 45, 1997, was
postponed until the next Regular Meeting of the City Council.
Resolution 46, 1997 Councilman Jablin made a motion to approve Resolution 46, 1997,
providing for support of the request by U.S. Amateur Sports, Inc.
to host the 1997 All American Bowl in the City of Palm Beach
Gardens Vice Mayor Furtado seconded the motion, which
unanimously carried.
Resolution 50, 1997 Vice Mayor Furtado made a motion to approve Resolution 50,
1997, amending the Florida Drug Free Workplace Program
originally approved by Resolution 32, 1994. Councilman Jablin
seconded the motion, which unanimously carried.
Resolution 51, 1997 It was the consensus of the City Council not to consider Resolution
51, 1997, as it was not felt that the construction and operation of a
CITY COUNCIL REGULAR MEETING, 5/i/97
n
weigh station in Martin County would solve the trucking problems
on I -95. Resolution 51, 1997, failed for lack of a motion.
Resolution 52, 1997 Vice Mayor Furtado made a motion to approve Resolution 52,
1997providing for the appointment of one member to the General
Employees Pension Fund Board, placing the name of Kent Olson
in the blank. Councilman Jablin seconded the motion, which
unanimously carried.
ORDINANCES:
Ordinance 21, 1997 Kim Gas, Principal Planner, reviewed the petition for Golf Estates
Villas for the construction of 13 zero lot -line townhomes on 1.45
acres located on the west side of Military Trail, north of Holly
Drive.
Vice Mayor Furtado asked that a condition be placed in the
Ordinance before final adoption that would require the developer
to inform potential residents what schools children in the
development would be attending.
Vice Mayor Furtado made a motion, seconded by Councilman
Jablin, to place Ordinance 21, 1997, on first reading, by title only.
The motion was unanimously carried.
The City Clerk read Ordinance 21, 1997, by title only, on first
reading.
ITEMS FOR DISCUSSION
CITY COUNCIL REGULAR MEETING, 511197 7
Westwood Lakes Marty Minor, Planner, reviewed the petition for a site plan
amendment to increase to 47 the number of townhomes within
the final tract of the Westwood Gardens /Westwood Lakes Planned
Unit Development located on the south side of Hood Road and
immediately east and west of Interstate 95. Mr. Minor stated that
the Site Plan Review Committee recommended approval of the
project with a condition that, prior to the first Certificate of
Occupancy in the townhomes, the landscape buffer be completed.
Mr. Minor stated that the Homeowners Association for Westwood
Gardens /Westwood Lakes has been keeping staff informed of
overall deficiencies on the site and items that were never
completed by the previous developer.
City Attorney Acton stated that the City needed to understand what
has been approved previously and what was being asked to be
approved, and that the petitioner could voluntarily complete the
improvements throughout the development or could be held
responsible for doing so.
Attorney Gary Brandenberg, representing the petitioner, addressed
the City Council stating that the development already had been
platted for 47 additional townhomes by Palm Beach County before
the area was annexed into the City. Mr. Brandenberg stated that
the County issued bonds to cover the project and had released the
CITY COUNCIL REGULAR MEETING, 511197
bonds, proving that some of the items in question were completed
to their satisfaction.
Joseph Legan, architect for the project, detailed proposed
architectural plans for the townhomes.
Cari Podesta, attorney for the Westwood Gardens/Westwood Lakes
Homeowners Association, addressed the Council, detailing the
history of the development. Ms. Podesta offered certain
documents for the record that included a map of the area showing
certain deficiencies and correspondence between herself and the
City Attorney. Ms. Podesta reviewed each document that she
offered for the record. Ms. Podesta stated that the residents of the
development were particularly concerned with traffic problems,
safety problems and resolving problems that would ease the
flooding that occurs in the development.
Harvey Stern, 162 E. Tall Oaks Circle, addressed the City Council
stating that Attorney Podesta covered his concerns.
Elena Escovar, 5166 Woodruff Lane, stated that Attorney Podesta
expressed all of her concerns.
Ed Lyon, 5166 Woodruff Lane, expressed his concerns with the
measurements of the units being 113 below grade, flooding
problems, and traffic concerns.
A.V. Whitehall, 5146 Woodruff, expressed his concerns with the
CITY COUNCIL REGULAR MEETING, 511197
G
overall safety in the proposed amendment, stating that the children
of Westwood Gardens /Westwood Lakes would be endangered by
the additional traffic problems.
David Huntoon, 12576 Woodmill Drive, asked that the Police and
Fire Department review the latest proposed plans for this
amendment and pointed out that the roofing materials for the new
area were different from the remaining portion of the subdivision.
Mr. Huntoon referenced unfinished construction and traffic issues
with the proposed plans.
Bonnie Sanchez, 12522 Woodmill, stated that her concerns had
been covered by those speaking before her.
Alfred Junz, 12589 Woodmill Drive, stated that he was concerned
with the creation of a hazardous traffic and pedestrian situation in
the proposed development of 47 townhouses in the Westwood
Lakes subdivision.
Sam Thompson, 12513 Woodmill Drive, stated that he was
concerned that the outfall pipe in the lake was never properly
installed and was concerned with the proper enforcement of the
building plans. Mr. Thompson expressed his concern with the
proposed new residents having to back cars out onto a narrow
roadway.
Mayor Russo requested that the developer meet within the next 30
CITY COUNCIL REGULAR MEETING, 5/1/97 10
days with the Homeowners Association to attempt a resolution to
some of the outstanding issues. Mayor Russo stated that this
project would come back before the City Council in June and
stated that there would eventually be a public hearing that would
afford the residents an opportunity to speak to any remaining issues
that may cause them concern.
ORDINANCES:
Ordinance 20, 1997 Kim Glas, Principal Planner, reviewed the petition from Palm
Beach Gardens Christ Fellowship Church for the construction of an
85,200 square foot church which would accommodate
approximately 2,500 people for worship services on the north side
of Northlake Boulevard and east of Gibson Road. Ms. Glas stated
that there were only a couple of issues to be resolved. One issue
was the landscape plan for the grass parking areas. The City
Forester had expressed concerns that the area would pool during
heavy rains and that some of the proposed vegetation in those areas
would not survive a lot of water. The City Forester asked that
water oaks or laurel oaks be used instead of the proposed trees.
Another concern by the City Forester was that some drainage
outlets stuck out of the grass and could be struck by cars parking in
the area.
Ms. Glas stated that no waivers were requested by the petitioner.
CITY COUNCIL REGULAR MEETING, 5/1/97
11
The Planning and Zoning Commission denied the project because
of its intensity. Ms. Glas asked for Council direction as to whether
some modifications should be made to the project because of
density.
The City Council expressed no concerns with the density /intensity
of the project, feeling that with a 41% open space and the proposed
landscape buffer, the surrounding neighbors would be well
shielded from the project.
Tom Mullins, Pastor of Palm Beach Gardens Christ Fellowship
Church, stated that he was agreeable to replacing the vegetation
within the grass parking area and would add wheel stops around
the drainage areas to avoid cars bumping into equipment.
A discussion ensued regarding ingress /egress from the property and
it was felt that Gibson Road could be used as an egress only, with a
west turn only allowed. A discussion ensued regarding allowed
activities at the proposed church, and it was agreed that no concerts
would be allowed that were not church related. The City Attorney
was directed to meet with the applicant to discuss the limitation
regarding non - Christian activities.
Mayor Russo stated that he spoke to a resident in Cypress Hollow
concerning this project. Vice Mayor Furtado stated that she spoke
to members of the church regarding this project. Councilman
CITY COUNCIL REGULAR MEETING, 511197 12
Jablin stated that he spoke to the pastor regarding this project.
Vice Mayor Furtado made a motion to place Ordinance 20, 1997,
on first reading, by title only. The motion was seconded by
Councilman Jablin and unanimously carried. The City Clerk read
Ordinance 20, 1997, on first reading, by title only.
It was the consensus of the City Council to workshop this project at
the May 15, 1997, Regular Meeting and to advertise for a public
hearing for the first meeting in June, 1997.
ITEMS FOR DISCUSSION
Space Station Alpha Marry Minor addressed the City Council regarding a request by
Space Station Alpha for an amendment to a conditional use
approval in the CG -1 General Commercial zoning district, to allow
50 skill game -type machines and video games at Space Station
Alpha located in the Gardens Towne Square Shopping Center.
Mr. Rob Walsh, part owner of Space Station Alpha, stated that he
would need 50 skill -type games in order to have a redemption
business whereby tickets would be issued for successful games that
could be turned in for prizes. Mr. Walsh assured the City Council
that the business was family oriented and not an arcade.
Vice Mayor Furtado expressed her displeasure with violent games,
including Laser Tag, and stated that she would not be in favor of
this project. Councilman Jablin stated that he agreed with Vice
CITY COUNCIL REGULAR MEETING, 511197
13
Mayor Furtado and that he would not vote in favor of this project.
Mayor Russo stated that he was concerned with the business
becoming an arcade, but stated that he would listen with an open
mind to any suggestions the applicant had to assure the Council
that an arcade would not be located at this establishment. Mayor
Russo encouraged Mr. Walsh to come back before the City
Council when the remaining two Council members were in
attendance to get their viewpoint for the proposed project.
PGA Marina PUD At the request of the applicant, PGA Marina PUD - Boat Sales and
Display, was postponed until the May 15, 1997, meeting.
RV/Boat Ordinance The City Manager discussed problems that staff was experiencing
in trying to update the RV/Boat Ordinance. It was the consensus of
the City Council to have the RV/Boat Task Force reconvene to
discuss issues and what the intent of the task force was regarding
screening, abutting, etc.
CITY MANAGER REPORT City Manager Herakovich stated that the Neighborhood Initiative
Task Force requested an extension on their 3 month interim report.
The City Council expressed no objections to the extension.
City Manager Herakovich stated that the stop sign was installed
today on Elm Street, and the Police Department was at the location
all day to ensure enforcement.
City Manager Herakovich reminded the City Council of the Bus
CITY COUNCIL REGULAR MEETING, 511197 14
Tour by Juno Beach. Mayor Russo stated he would be in
attendance in the morning. Vice Mayor Furtado and Councilman
Jablin stated that they would attend.
City Manager Herakovich stated that the City Council would soon
need to appoint a task force for the design of the urban interchange.
City Manager Herakovich stated that the City Council needed to
schedule a workshop meeting with Architects Design Group
regarding the new municipal complex. It was suggested that the
City Manager determine whether more members of the Council
could attend on either the 15th or the 20th, with a meeting to begin
at 6:30 P.M.
CITY ATTORNEY REPORT City Attorney Acton stated that legal staff has spent a lot of time
on the Westwood Gardens/Westwood Lakes project, and the City's
next bill would reflect this issue. The City Manager stated that she
was trying to switch the procedure for use of legal staff in an effort
to try to save money.
ITEMS BY MAYOR
AND COUNCIL
Vice Mayor Furtado Vice Mayor Furtado reminded City staff that a resolution needed to
be composed for insurance matters, as she requested several
meetings ago.
Vice Mayor Furtado reported attending a meeting of the Northlake
CITY COUNCIL REGULAR MEETING, 511197
Boulevard Task Force where discussions took place regarding
access to strip malls along Northlake Boulevard.
Councilman Jablin Councilman Jablin reported that he attended a School Board
meeting last Wednesday. Councilman Jablin expressed his
displeasure with the Municipal League and its stand regarding
15
concurrency and the one -cent sales tax issues. Councilman Jablin
stated he would not support renewal of membership for the City to
belong to the Municipal League. Vice Mayor Furtado agreed,
stating that she did not feel that the City was well represented by
the League.
ADJOURNMENT There being no further business to discuss, the meeting was
adjourned at 11:28 P.M.
CITY COUNCIL REGULAR MEETING, 511197
APPROVAL
or Josep� &'Russo
GI
Vice Mayor Lauren Furtado
, - - - Z�4�, , . �
_C6unci�inda Monroe
Cage Trifan -Rric J lin
Councilman David Clark
Attest:
ind�V. Kosier, CMC, City Clerk
16