HomeMy WebLinkAboutMinutes Council 080797CITY COUNCIL
REGULAR MEETING
AUGUST 7, 1997
The August 7, 1997, Regular Meeting of the City Council of the
City Council of the City of Palm Beach Gardens, Florida, was
called to order at 7:35 p.m. in the Council Chambers of the
Municipal Complex located at 10500 North Military Trail, Palm
Beach Gardens, Florida; and began 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 Councilwoman Linda Monroe.
Councilman Eric Jablin 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 as posted on the City's bulletin boards.
PRESENTATIONS
ADG Paul Friedman, Management Administrator, addressed the Council
to discuss several issues remaining from the last meeting. Mr.
Friedman stated that because of comments from the City Council
regarding the project possibly being over budget, adjustments now
show the project under budget by $3,811. Mr. Friedman gave each
Council member a handout reflecting the changes that brought the
CITY COUNCIL REGULAR MEETING, 817197 2
project under budget. Councilwoman Monroe expressed her
concerns with items listed on the handout that may be considered
for elimination, particularly the clay tile roof Councilwoman
Monroe stated that the City Council received promises from all
groups bidding to be the architects for the new municipal complex,
and expressed her displeasure that once a selection was made
contingent upon certain promises, plans had to be changed in order
to come in under budget. Vice Mayor Furtado agreed with
Councilwoman Monroe, stating that decisions made by the City
Council were based on previous promises and that she was
uncomfortable with proposals being presented to the City Council
for changes in those plans. Mayor Russo felt that the design, at the
direction of the City Council, had changed since the beginning,
necessitating some of the changes listed on the handout.
Kevin Ratigan of Architects Design Group stated that his firm is
fiscally responsible to the project. Mr. Ratigan stated that the next
level of design would define costs even more, and he was hopeful
that when they proceed to the next phase of design they could do
quantity take offs so that the cost would be very reliable. Mr.
Ratigan stated that he was asking for approval to move in that
direction. The next phase would produce detailed drawings,
refining the estimates.
CITY COUNCIL REGULAR MEETING, 817197 3
Councilwoman Monroe made a motion, seconded by Vice Mayor
Furtado, to move forward with the project, while staff continued to
work with Architects Design Group. The motion was unanimously
carried.
Mr. Ratigan asked for a special workshop session with the City
Council in approximately 8 weeks.
Canal Maintenance City Engineer Lindahl stated that City Council directed staff to
report back re: canal maintenance schedules and procedures.
Bob Patty, Director of Public Works, handed 2 memorandums to
the City Council dated 817197. The first memorandum detailed the
Gardens East Drainage Basin/Gardens East Apartments. The
second detailed the Canal Maintenance of Aquatic Vegetation.
Mr. Patty stated that the City had received a permit to use grass
carp for vegetation maintenance for some canals and was seeking
further permits for other canals within the City.
The City Council agreed that the City should take a pro- active
stance on ways of keeping the canals and lakes clean.
Councilwoman Monroe suggested that residents be warned that if
they have planted vegetation in access ways to the canals
throughout the City that it may be removed by the City in cleaning
efforts. Mayor Russo asked that residents be informed via
CityLine and that those residents that have personally written a
CITY COUNCIL REGULAR MEETING, 817197
letter to the City regarding the maintenance of canals be answered
in writing.
AWARDING OF BIDS
Tractor/Trencher Vice Mayor Furtado made a motion, seconded by Councilwoman
ITEMS BY MAYOR
AND COUNCIL
Monroe, to award a bid for a Tractor/Trencher for the Public
4
Works Department to Florida Coast Equipment, Inc. In the amount
of $25,343.86. The motion was unanimously carried.
Vice Mayor Furtado Vice Mayor Furtado gave the City Manager information she had
received regarding the National Insurance Rating System and asked
that the City research receiving the discounts presently enjoyed by
surrounding municipalities. City Manager Herakovich stated that
staff was working on this project and would bring back a report at
the next meeting.
Vice Mayor Furtado stated that she would like monthly updates
from all departments on their activities.
Vice Mayor Furtado expressed her concerns with City cars being
taken by employees out of the City, Mayor Russo felt the whole
take home vehicle policy should be reviewed. City Manager
Herakovich stated that a review of this policy had been done before
the budget was generated and had asked staff to look into
CITY COUNCIL REGULAR MEETING, 817197
alternatives for the coming year. City Manager Herakovich stated
that she would prepare a report for the City Council regarding the
take home vehicle policy.
Vice Mayor Furtado stated that the Palm Beach Gardens Square
Neighborhood would hold a crime watch meeting on 8/26/97.
Vice Mayor Furtado expressed her concerns with the complaint
procedures system utilized by the City, stating that she did not
think the present system was working.
Mayor Russo Mayor Russo reported on a meeting he attended regarding the
Northlake Reliever Road, and felt that the City gained needed
additional time to fight the County's plan.
Mayor Russo stated that the North County Economic Advisory
Group met today and discussed the possibility of developing
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westward. It was felt that it would not be a positive move for north
Palm Beach County if development continued west.
Councilwoman Monroe asked for information regarding a possible
joint meeting with the Council of Riviera Beach regarding the
Northlake Reliever Road. City Manager Herakovich stated that
staff was unable to get a response from Riviera Beach, but would
continue trying.
Mayor Russo stated that he spoke with the Manager of the Marriott
Hotel concerning parking problems, and staff was directed to look
CITY COUNCIL REGULAR MEETING, 817197 6
into the parking problems experienced in this area.
Mayor Russo stated that the Bullet Train meeting would be held on
8127197 at 9:00 a.m.
COMMENTS FROM
THE PUBLIC
Julie Rossow Julie Rossow, 9043 Cypress Hollow Drive, addressed the City
Council regarding concerns of her community with Australian
Pines located on Ballenlsles buffers. Mayor Russo stated the City
will help do whatever was necessary to correct problems in this
area. City Manager Herakovich was directed to have staff work
with the Cypress HollowBallen1sles communities to resolve this
problem.
Debra McCluskey Debra McCloskey of Town Oaks addressed the City Council
regarding roadway problems and canal problems in the Town Oaks
Community. City Manager Herakovich stated that these issues
should have been brought through her office first and added that
she would discuss these problems with Ms. McCluskey.
Peter Travis Peter Travis, 625 Riverside Drive, addressed the City Council re:
FEMA enacted grant program, stating that the rating program
application had to be received between 1011 - 12115. Mr. Travis
offered his services if the City needed assistance in filling out the
application.
CITY COUNCIL REGULAR MEETING, 8/7/97
CONSENT AGENDA Councilwoman Monroe made a motion, seconded by Vice Mayor
Furtado, to approve the Consent Agenda. The motion was
unanimously carried. The following item was approved on the
Consent Agenda:
1.Resolution 86, 1997, Designating a Representative to IPARC.
RESOLUTIONS:
7
Resolution 81, 1997 Mayor Russo announced that Resolution 81, 1997, consideration of
approval of a landscape variance for Peter Pan Preschool would be
considered at the 8/21/97 City Council Regular Meeting.
PUBLIC HEARINGS
Resolution 82, 1997 Mayor Russo declared the Public Hearing open. Councilwoman
Monroe made a motion, seconded by Vice Mayor Furtado, to
postpone the Public Hearing for Resolution 82, 1997, to the City
Council Regular meeting of 8/21/97, at 7:30 P.M. The motion was
unanimously carried.
Resolution 83, 1997 Mayor Russo declared the Public Hearing open, which was duly
advertised 7/23/97 and held on the intent of Resolution 83, 1997,
consideration of approval of a conditional use for the Institute of
Nail Sculpturing located in the Palm Beach Gardens Business Park.
There being no comments from the public, Mayor Russo declared
the Public Hearing closed. Vice Mayor Furtado made a motion,
seconded by Councilwoman Monroe, to approve Resolution 83,
CITY COUNCIL REGULAR MEETING, 8/7/97
1997. The motion was unanimously carried.
Ordinance 34, 1997 Mayor Russo declared the Public Hearing open, which was duly
advertised 7/23/97, and held on the intent of Ordinance 34, 1997,
providing for an amendment to Section 118.40 of the Code of
Ordinance to provide for the collection of fees for the use of the
City Engineer and City Attorney.
Councilwoman Monroe made a motion to continue the Public
Hearing on Ordinance 34, 1997, to the City Council Regular
8
Meeting of 8/21/97, at 7:30 P.M. so that the Finance Director could
be in attendance. Vice Mayor Furtado seconded the motion, which
unanimously carried.
Ordinance 37, 1997 Mayor Russo declared the Public Hearing open, which was duly
advertised 7/23/97, and held on the intent of Ordinance 37, 1997,
providing for an amendment to the elevations of the Bridge Center
Planned Unit Development.
Marty Minor, Principal Planner for the City, stated that legal staff
had determined that the petition for the Bridge Center should have
gone before the Planning and Zoning Commission regarding the
outdoor seating. The petitioner has dropped the outdoor seating
from the application, however, the first reading of Ordinance 37,
1997, at the last meeting was null and void because of the revision.
A new Ordinance 37, 1997, was offered in its place and stead,
CITY COUNCIL REGULAR MEETING, 817197 9
eliminating the outdoor seating references and contained a new
condition of approval.
Robert Curry of Robert Curry Architects addressed the City
Council stating that the proposed 50 outdoor seats would now be
contained indoors. Proposed plans were for a building that was 18
feet shorter in height, and Mr. Curry pointed out that the trash area
was internal and air conditioned to eliminate odors.
Councilwoman Monroe made a motion, seconded by Vice Mayor
Furtado, to place Ordinance 37, 1997, on first reading, by title only.
The motion was unanimously carried. The City Clerk read
Ordinance 37, 1997, by title, only on first reading.
RESOLUTIONS:
Resolution 79, 1997 Resolution 79, 1997, appointment of members to the Education
Advisory Board, was pulled from the agenda and placed on a future
agenda of the City Council because the Education Advisory Board
Liaison, Councilman Eric Jablin, was not in attendance.
Resolution 85, 1997 Councilwoman Monroe made a motion, seconded by Vice Mayor
Furtado, to approve Resolution 85, 1997, approval of Devonshire
Nursing Home Temporary Access Way, PGA National Commerce
Park, Hiatt Drive. The motion unanimously carried.
Resolution 87, 1997 A discussion ensued as to whether the City Council intended to
extend the due date of the final report from the Neighborhood
CITY COUNCIL REGULAR MEETING, 817197 10
Initiative Task Force, thereby extending the date to dissolve the
Task Force itself, (Version "A" of Resolution 87, 1997) or
intended to have the Final Report due at the original date of
September, 1997, and extend the life of the Task Force for an
additional 6 months (Version "B" of Resolution 87, 1997). It was
the consensus of the City Council to extend the life of the Task
Force for an additional 6 months.
Vice Mayor Furtado made a motion to approve Version "B" of
Resolution 87, 1997. The motion was seconded by Councilwoman
Monroe and unanimously carried.
ORDINANCES:
Ordinance 39, 1997 Councilwoman Monroe made a motion, seconded by Vice Mayor
Furtado, to place Ordinance 39, 1997, on first reading, by title only.
The motion was unanimously carried. The City Clerk read, on first
reading, by title only, Ordinance 39, 1997, approval of Impact Fees
for the Police Department, Fire Department, EMS, and Parks and
Recreation. Council directed that Mr. Henry Iler be in attendance
at the public hearing for Ordinance 39, 1997, to discuss the
proposed impact fees.
Ordinance 40, 1997 Councilwoman Monroe made a motion, seconded by Vice Mayor
Furtado, to place Ordinance 40, 1997, on first reading, by title only.
The motion was unanimously carried. The City Clerk read, on first
CITY COUNCIL REGULAR MEETING, 817197
11
reading, by title only, Ordinance 40, 1997, providing for revisions
to Section 114, Article IV, Division 9 of the Palm Beach Gardens
Code.
Ordinance 41, 1997 Marty Minor, Principal Planner, reviewed a request for an
amendment to the Gardens Plaza PUD to allow for two flat wall
signs, which represent a tenant, Merrill Lynch, within the Gardens
Plaza office tower. Staff recommended denial of the application as
it was not in compliance with the City's Sign Code.
Mr. Greg O'Hare, representing Merrill Lynch addressed the City
Council stating that the request signage was needed in order for
customers to be able to find the office.
It was the consensus of the City Council that the City had a Sign
Code that has been consistently enforced by the City Council, and
there was no desire to make an exception for this project.
Ordinance 41, 1997, died for lack of a motion.
ITEMS FOR
DISCUSSION
Shoppes on the Green Marty Minor, Principal Planner, reviewed the request for a time
extension for the fixture development of the Shoppes on the Green
PUD. The future construction includes a 6,990 square foot
building and 24,767 square feet of retail. Mr. Minor explained that
the project is part of an overall DRI with a projected build -out date
CITY COUNCIL REGULAR MEETING, 817197 12
of August 29, 2003, and pointed out that a traffic report was not
required.
Sarah Lockhart of Gee and Genson, representing the development,
stated that ideally the applicant would like an extension of time to
August 29, 2003, however, would consider a 2 or 3 year time
extension.
Mr. Minor pointed out that the City Forester asked for a revised
landscape plan along the Turnpike, and that a 2 -3 year time
extension would ensure that the landscape plan would be submitted
and enforced.
Staff was directed to meet with the City Attorney to determine the
appropriate time extension, with the City Council agreeable to a 2-
3 year time extension.
Comp Plan Workshop Kim Glas, Principal Planner, addressed the City Council regarding
the EAR -based Amendments to the Comprehensive Plan for
Conservation, Coastal Management, Infrastructure, Public Safety
and Recreation and Open Space elements. Mrs. Glas stated that
staff was preparing revisions to the Comprehensive Plan based
upon the Evaluation and Appraisal Report and the "Vision ".
Revisions included: (1) revising goals, objectives and policies for
"maintenance" rather than establishment or implementation of a
program, regulation or policy; (2) putting more specificity into the
CITY COUNCIL REGULAR MEETING, $17197 13
Plan, rather than deferring to the Land Development Regulations
(i.e. environmental preservation requirements); (3) revising the
coastal high hazard area consistent with the Category 1 hurricane
evacuation area; and (4) revising water and sewer levels of service
standards consistent with Seacoast usage levels; establishing storm
water quality standards consistent with federal, state and regional
regulations; police protection; establishing recreation facility level
of service standards per the "vision ". Ms. Glas stated that staff was
seeking direction on the proposed revisions in anticipation of a
September transmittal to DCA, and pointed out that other elements
would be workshopped at upcoming meetings of the City Council.
The City Council requested a future workshop meeting re: response
time. Councilwoman Monroe briefly reviewed her concerns and
stated that she would give her list of concerns to Ms. Glas.
CITY MANAGER REPORT City Manager Herakovich formally welcomed Mark Hill, Growth
Management Director, to the meeting. City Manager Herakovich
stated that the City hired Laurie McLean as the MIS Manager, to
bring the City up to date with computer equipment and programs.
City Manager Herakovich reported on improvements on RCA
Boulevard. City Manager Herakovich reported that there had been
a water force main break on Military Trail today, requiring the shut
down of lanes. City Manager Herakovich stated that
CITY COUNCIL REGULAR MEETING, JULY 17, 1997
14
Gary Brandenburg, attorney for the petitioner, reviewed the history
of the application. The City Council was shown revised plans that
would incorporate some of the concerns of staff and City Council.
The City Council expressed their concern that they are being asked
to juggle landscaping and pavement and the concentration should
be on the size and depth of the units. Attorney Acton stated that
the Code had a provision (Section 118- 43(f)(6)(b) that required
that the City receive even minor changes and information when
there is a revision to the application, five working days before
Council consideration. Council felt that Resolution 66, 1997,
should not have been placed on the agenda for this evening.
The City Forester explained the difference in the proposed
landscaping and the landscaping that was approved by the County
for the carriage homes. Councilwoman Monroe felt that it was
easy for the applicant to state they would fix certain items in the
proposed landscape /parking plans, but once they start construction
they realize that there are problems.
Mayor Russo stated that residents wanting to speak regarding this
issue would be limited to 3 minutes and asked that they not repeat
complaints expressed by previous speakers.
Carey Podesta Carey Podesta, attorney for the Westwood Gardens/Westwood
Lakes HOA, stated that there were promises of a specific time limit
CITY COUNCIL REGULAR MEETING, 817197
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CITY ATTORNEY REPORT City Attorney David Acton reported that he has been working with
The attorneys for the 4 governmental entities concerning the
Northlake Boulevard Task Force Interlocal Agreement and had
drafted an agreement that was being reviewed by each of them.
Attorney Acton stated that the final draft of the agreement would
be brought before the City Council in September.
ADJOURNMENT There being no further business to discuss, the meeting was
adjourned at 10:46 p.m.
APPROVAL
Z'1'6
OR JOSEPH R.RUSSO
VICE MAYOR LAUREN FURTADO
COUNCILWOMAN LINDA MONROE
COUNCILMAN ERIC JABLIN
COUNCILMAN DAVID CLARK
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK