HomeMy WebLinkAboutMinutes Council 091897CITY COUNCIL
REGULAR MEETING
SEPTEMBER 18, 1997
The September 18, 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
located at 10500 North Military Trail, Palm Beach Gardens,
Florida; and, opened with the Pledge of Allegiance to the Flag.
ROLL CALL The Deputy City Clerk called the roll and the following elected
officials were found to be in attendance: Vice Mayor Lauren
Furtado, Councilwoman Linda Monroe and Councilman Eric
Jablin. Councilman David Clark arrived at 8 :18 P.M. Mayor
Joseph Russo was not in attendance as he was out of town.
ANNOUNCEMENTS Vice Mayor Furtado stated that the announcements were as listed
on the agenda and posted on the City's bulletin boards.
CITY MANAGER REPORT City Manager Herakovich thanked the City Council for permitting
her to attend the International City Manager's Conference and
shared some of the subject matters discussed at that conference.
City Manager Herakovich stated that the press was in attendance
this evening in hopes of receiving information regarding an internal
investigation that was being conducted, however, stated
information would not be released this evening as the case is still
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active. City Manager Herakovich stated there would be a press
conference at 1:00 p.m. tomorrow regarding this issue
1997/1998 FISCAL YEAR
BUDGET - PUBLIC
HEARING Vice Mayor Furtado declared the public hearing open, which was
duly advertised 913/97.
Finance Director Kent Olson stated that the 1997/1998 fiscal year
budget called for a tax rate of 3.8448, which represented a 0%
increase over roll back rate. The total millage rate is 4.0969, which
included the voted debt service
Vice Mayor Furtado, receiving no comments from the public,
declared the public hearing closed.
Resolution 98, 1997 Councilwoman Monroe made a motion, seconded by Councilman
Jablin, to approve Resolution 98, 1997, levying a tax of 4.0969
Mills on non - exempt real and personal property located within the
corporate limits of the City of Palm Beach Gardens for the year
ending 12/31/97. The motion was unanimously carried.
Ordinance 44, 1997 Councilwoman Monroe made a motion to place Ordinance 44,
1997, on second and final reading, by title only, and for adoption.
The motion was seconded by Councilman Jablin and unanimously
carried. The Deputy City Clerk read, on second and final reading,
by title only, Ordinance 44, 1 997, affixing a total valuation of the
real and personal property located within the corporate limits of the
CITY COUNCIL REGULAR MEETING 9118197
City for the year ending 12131197; establishing a tax rate thereon
for said year; levying a tax on said real and personal property for
said year; adopting a fiscal budget for the fiscal year beginning
1011197 and ending 9130198, inclusive; appropriating funds for
expenditures in accordance with said budget.
PRESENTATIONS Mery Timberlake, Financial Services Director of the City of Boca
Raton and a representative of the Government Finance Officers
Association, presented the GFOA Budget Award to Finance
Director Kent Olson.
AWARDING OF BIDS
I- 95/Northlake Landscaping Councilwoman Monroe made a motion to award the bid for the I-
95/Northlake Boulevard Landscaping to Country West
Landscaping, Inc. of Royal Palm Beach in the amount of
$54,039.50. The motion was seconded by Councilman Jablin and
unanimously carried.
I- 95/Northlake Electrical Councilwoman Monroe made a motion to award the bid for the I-
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95/Northlake Boulevard Electrical to Stratton Electric, Inc. of West
Palm Beach in the amount of $9,834.00. The motion was
seconded by Councilman Jablin and unanimously carried.
I- 95/Northlake Irrigation Councilwoman Monroe made a motion to award the bid for the I-
95/Northlake Boulevard Irrigation to All Green Irrigation &
Landscaping, Inc. of West Palm Beach in the amount of
CITY COUNCIL REGULAR MEETING 9/18/97
$14,990.00. The motion was seconded by Councilman Jablin and
unanimously carried.
Workers Compensation
Insurance Councilwoman Monroe made a motion to award the bid for
Workers Compensation Insurance to the Florida League of Cities
in the amount of $479,395.00 for a 2 -year period beginning
10 /1 /97. The motion was seconded by Councilman Jablin and
unanimously carried.
Property and Casualty
Insurance Councilwoman Monroe made a motion to award the bid for
Property and Casualty Insurance to the Florida League of Cities in
the amount of $246,908.00 for a period of 2 years beginning
10/1/97 The motion was seconded by Councilman Jablin and
unanimously carried.
ITEMS BY MAYOR
AND COUNCIL
Councilwoman Monroe Councilwoman Monroe reported that she attended the Northlake
Task Force meeting last week where a presentation was done by
County staff regarding their new program of landscaping medians,
0
of which Northlake Boulevard, west of Military Trail, would occur.
The County was trying to come closer to standards required by
several municipalities and they would be meeting with City staff in
the near future. Councilwoman Monroe stated that she was
CITY COUNCIL REGULAR MEETING 9/18/97
concerned that the program was for trees only, however, their
program was to use the bahaia grass and Councilwoman Monroe
was concerned with the appearance of this grass. Marty Minor,
Principal Planner, stated that the County would be required to
irrigate the median plantings. Councilwoman Monroe stated that
the issue is that if there is irrigation, St. Augustine grass could be
used. Councilwoman Monroe stated she preferred mulch,
however, that would be high maintenance. City Manager
Herakovich stated that staff would research these costs and report
back to Council.
Vice Mayor Furtado Vice Mayor Furtado stated that at the MPO meeting today she
brought up the issue of the School Board forming a partnership
with Palm Tran for school bus services. Vice Mayor Furtado asked
that a resolution endorsing this partnership be placed on the next
agenda for consideration of approval.
Vice Mayor Furtado suggested that the beautification award that
used to be given to residents years ago be reinstated.
Vice Mayor Furtado reported that she spoke at the Juvenile Justice
Convention on Thursday and reported on the City's pro- active
police department and the accomplishments of the City. Vice
Mayor Furtado asked that a packet be made that showed all the
programs the City has undertaken to show the positive things done
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by the City,
COMMENTS FROM THE
PUBLIC There were no comments from the public for items not on the
agenda.
CONSENT AGENDA Councilwoman Monroe made a motion to approve the Consent
Agenda, with a new Resolution 102, 1997, as presented by the City
Attorney. The motion was seconded by Councilman Jablin and
unanimously carried. The following item was approved on the
Consent Agenda:
1. Resolution 102, 1997, approval to reschedule 1012197 City
Council Regular Meeting to 1019197 at 7:30 P.M. in observance of
Rosh Has!hannah.
PUBLIC HEARINGS
Resolution 92, 1997 Vice Mayor Furtado declared the public hearing open for
Resolution 92, 1997, consideration of approval of Shoppes on the
Green Time Extension. Vice Mayor Furtado stated that the
petition has requested a postponement. Councilwoman Monroe
made a motion to postpone the public hearing for Resolution 92,
1997, to the October 9, 1997, Regular Meeting of the City Council.
The motion was seconded by Councilman Jablin and unanimously
carried.
Ordinance 39, 1997 Vice Mayor Furtado declared the Public Hearing open for
Ordinance 39, 1997, which was duly advertised on 913197 and held
CITY COUNCIL REGULAR MEETING 9118197
on the intent of Ordinance 39, 1997, providing for an amendment
to the title of Chapter 82, Article II of the Code of Ordinances to
delete specific reference to "Police and Fire" before the words
"impact fees "; providing for amendment to Section 82 -27 through
82 -31 and to Section 82 -34 through 82 -37 to provide for the
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inclusions of impact fees for "emergency medical services (EMS)"
and "parrs and recreation facilities ", in addition to impact fees for
"police protection" and "fire protection "; providing for amendment
to Section 82.30 to amend and/or provide for cost schedules for the
assessment of all impact fees.
Kim Glas, Principal Planner, addressed the Council reviewing past
discussions regarding impact fees. Henry ller of James Duncan
and Associates, stated that the impact fees were established based
on the City's existing levels of service.
There being no comments from the public, Vice Mayor Furtado
declared the Public Hearing closed.
Councilwoman Monroe made a motion that paragraph "A ",
Section 8, the last sentence, be amended to delete the words "the
authorization to develop" and insert the words "an alternative
development order ".
CITY COUNCIL REGULAR MEETING 9118197
The motion was seconded by Councilman Jablin and unanimously
carried.
Councilwoman Monroe made a motion to place Ordinance 39,
1997, on second read, by title only, and for adoption. The motion
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was seconded by Councilman Jablin and unanimously carried. The
Deputy City Clerk read Ordinance 39, 1997, on second and final
reading, by title only.
Ordinance 40, 1997 Vice Mayor Furtado declared the public hearing open, which was
duly advertised 913/97 and held on the intent of Ordinance 40,
1997, providing for amendments to Chapter 114, Article IV,
Division 9, Section 114 -421 and Section 114 -423 of the Code of
Ordinances, to provide for a limit on the value of land dedicated
for parks and recreation areas, equivalent to the amount of park and
recreation facility impact fees.
Kim Glas, Principal Planner, discussed the reasoning for the
creation of Ordinance 40, 1997, and reviewed past discussions with
the City Council on this issue.
There being no comments from the public, Vice Mayor Furtado
declared the Public Hearing closed.
Councilwoman Monroe made a motion to place Ordinance 40,
1997, on second and final reading, by title only, and for adoption.
CITY COUNCIL REGULAR MEETING 9/18/97
The motion was seconded by Councilman Jablin and unanimously
carried. The Deputy City Clerk read Ordinance 40, 1997, on
second and final reading, by title only.
Ordinance 47, 1997 Vice Mayor Furtado declared the Public Hearing open, which was
duly advertised 9/3/97 and held on the intent of Ordinance 47,
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1997, providing for amendments to Ordinance 17, 1996, the budget
ordinance of the City of Palm Beach Gardens for the fiscal year
beginning 10/1/96 and ending 9/30/97, inclusive, to increase or
decrease amounts budgeted for bond proceeds, professional
services and printing and binding.
There being no comments from the public, Vice Mayor Furtado
declared the Public Hearing closed.
Councilwoman Monroe made a motion to place Ordinance 47,
1997, on second and final reading, by title only, and for adoption.
The motion was seconded by Councilman Jablin and unanimously
carried. The Deputy City Clerk read Ordinance 47, 1997, by title
only on second and final reading.
RESOLUTIONS
Resolution 66, 1997 Marty Minor, Principal Planner, reviewed the petition by Ray A.
Kennedy, agent for Westwood Townhomes, for a modification to
the elevations of 47 townhomes within the Westwood
Gardens /Westwood Lakes PUD located on the south side of Hood
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Road and immediately east and west of Interstate 95. City
Attorney Acton reviewed amendments to Resolution 66, 1997.
Mr. Minor stated that since the Council last considered Resolution
66, 1997, the petition has demonstrated that a 10 foot park space
could be accommodated, which if demonstrated a 9 foot wide
parking space would be allowed by Code. Mr. Minor stated that
the petitioner is requesting a 24 -112 foot drive aisle which resulted
in a request for a waiver from the 26 foot drive aisle required by
Code. Mr. Minor reviewed the size of the proposed units as
opposed to the size of the units approved by the County.
Attorney Gary Brandenburg, representing the petitioner, outlined
the process the petition has been through before the City. Attorney
Brandenburg stated that the petitioner has complied with all issues
presented during the previous meetings.
Councilwoman Monroe expressed her concerns with a 9 -foot wide
parking space that would be used by a full size vehicle.
Cari Podesta, representing the Westwood Gardens Homeowners'
Association, addressed the Council stating that the association has
met with the petitioner and provided the petitioner with a letter
outlining 4 concerns with the proposed project. The petitioner has
not responded in writing, and Attorney Podesta prepared a follow-
up report on her understanding of those issues and how the
CITY COUNCIL REGULAR MEETING 9118197
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petitioner will address those concerns. Attorney Podesta reviewed
the concerns and the petitioner's solution to the issues.
City Attorney Acton stated that based on Ms. Podesta's letter and
presentation dated 9119197 he was obligated to inform her that the
City does not accept liability or waive liability as stated in her
fourth paragraph on the second page. Attorney Acton stated that
there was nothing in the resolution that indicated that the City
would accept liability.
Councilman Clark made a motion to approve Resolution 66, 1997.
The motion was seconded by Councilman Jablin. The motion
passed by a vote of 3 ayes and 1 nay, with Councilwoman Monroe
casting the nay vote because of the 9 foot parking spaces.
Resolution 97, 1997 Councilman David Clark made a motion to approve Resolution 97,
1997, inserting the names of Susan Ford in Section 1 and Jeff
Jennings in Section 3 as members of the Neighborhood Initiative
Task Force. The motion was seconded by Councilman Jablin and
unanimously carried.
Resolution 100, 1997 Councilman Clark made a motion to approve Resolution 100,
1997, seconded by Councilman Jablin. The motion was
unanimously carried.
Resolution 101, 1997 Councilman Clark made a motion to approve Resolution 101,
1997, appointment of a member to the Board of Trustees of the
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Firemens Pension Fund, inserting the name of Dr. Phillip
Buttaravoli. The motion was seconded by Councilwoman Monroe
and unanimously carried.
ORDINANCES
Ordinance 50, 1997 City Manager Herakovich reminded the City Council that a
uniform sign package was approved for the Prosperity Centre
development order, however, the applicant for Ordinance 50, 1997,
has requested a change to the criteria.
Marry Minor, Principal Planner, outlined the request from
Carmine's Ocean Grill for an amendment to the Prosperity Center
PUD and to the approved signage guidelines. In addition, the
petitioner requested valances and awnings along the exterior
portion of the building. The site is located on the southeast corner
of PGA Boulevard and Prosperity Farms Road.
Members of the City Council stated that they were against the
change in color of the proposed signs and the color of the proposed
awnings, as well as the awnings being placed on the front of the
restaurant.
Councilman Clark made a motion to deny Ordinance 50, 1997, for
first reading. The motion was seconded by Councilman Jablin and
unanimously carried.
Ordinance 51, 1997 Marty Minor, Principal Planner, addressed the City Council
CITY COUNCIL REGULAR MEETING 9118197
ITEMS FOR COUNCIL
ACTION
13
regarding a request by Dow, Gilmore and Associates on behalf of
Gardens Presbyterian Church for the approval of a Planned Unit
Development for a 9,000 square foot, 300 seat religious facility.
Mr. Minor stated the subject site was approximately 8.91 acres in
area and generally located at the northeast corner of Hood Road
and Central Boulevard. Mr. Minor reviewed the proposed plans.
Councilwoman Monroe made a motion to place Ordinance 51,
1997, on first reading, by title only. The motion was seconded by
Councilman. Jablin and unanimously carried.
The Deputy City Clerk read Ordinance 51, 1997, by title only on
first reading.
Vice Mayor Furtado Vice Mayor Furtado stated that she has received complaints about
the time it takes mail to get to the City, referencing an invitation
that came two days after the required RSVP.
Vice Mayor Furtado asked the status of The Sanctuary
compliances. Staff reported that the area has been brought into
compliance and no issues were outstanding.
Councilwoman Monroe Councilwoman Monroe stated that she received a letter from a
resident in Westwood Gardens regarding Code Enforcement Board
allowing Home Depot to have their fine reduced to zero, yet not
CITY COUNCIL REGULAR MEETING 9118197 14
allowing a reduction in the fine to Westwood Gardens
Homeowners Association. Councilwoman Monroe stated that she
would have a copy of the letter brought to staff for their review.
Vice Mayor Furtado Vice Mayor Furtado stated that she was not happy with the letter of
concerns that she received in her mail regarding Code
Enforcement.
CITY ATTORNEY REPORTCity Attorney Acton stated that legal staff has sharpened pencils
and are working hard on coming up with a proposal and will meet
with the City Manager and hope to have a contract for Council
consideration at the next meeting.
ADJOURNMENT There being no further business to discuss, the meeting was
adjourned at 9:42 P.M.
CITY COUNCIL REGULAR MEETING 9/18/97 15
APPROVAL
MAY& JOSEPH R.RUSSO
VI E MAYOR LAUREN FURTADO
COUNQU,WOMAN LINDA MONROE
CMC Nt ,MAN ERIC 'ABLIN
COUNCILMAN DAVID CLARK
ATTEST:
CINDY HARVEY, DEPUTY CITY CLERK