HomeMy WebLinkAboutMinutes Council 050296CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
MAY 2, 1996
The Regular Meeting of the City Council of the City of
Palm Beach Gardens, Florida, was called to order by
Mayor Russo at 7:30 P.M. in the Assembly Room of the
Municipal Complex, 10500 North Military Trail, Palm
Beach Gardens, Florida.
ROLL CALL The City Clerk called the roll and present were Mayor
Russo, Vice Mayor Furtado, Councilwoman Monroe
Councilman Jablin, and Councilman Clark.
ANNOUNCEMENTS Mayor Russo stated that the announcements were as
posted on the City's bulletin boards.
AWARDING; OF BIDS:
EMPLOYEE ASSISTANCE After discussion, it was the consensus of the City
Council to delay awarding a bid for the Employee
Assistance Program until feedback had been obtained
from employees regarding whether they would be
comfortable making a change in the provider, and until
research had been done to determine whether a change
would be good or bad.
50 TON TRAILER City Manager Herakovich reported that on April 16,
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PAGE 2
1996 staff had opened and reviewed five bids received
for the purchase of a 50 -ton trailer, as duly
advertised 3/18/96. Staff recommended the bid be
awarded to LaPine Truck and Trailer, low bidder,in the
amount of $25,205. Councilman Clark made a motion to
approve the staff recommendation. Councilman Jablin
seconded the motion, which carried by unanimous vote
of 5 -0.
SOCCER FACILITY City Manager Herakovich reported that on April 26,
1996, staff had opened and reviewed six bids received
for development of the Gardens Park Soccer Facility,
duly advertised 3/26/96. Staff recommended the bid be
awarded to the low bidder, Russell Trucking, Inc., in
the amount of $1,009,222.22. Vice Mayor Furtado made
a motion to approve the staff recommendation.
Councilman Clark seconded the motion. Councilwoman
Monroe expressed her opinion that new land should be
purchased for additional recreational facilities
rather than continually improving existing land. The
motion carried by unanimous vote of 5 -0.
RE -ORDER OF AGENDA Councilwoman Monroe made a motion to re -order the
agenda in order to next consider Authorization for the
City Manager to enter into a contract with Architect's
Design Group. Councilman Jablin seconded the motion,
City Council Regular Meeting, 5/2/96
CONTRACT FOR NEW CITY
FACILITIES DESIGN
which carried by unanimous 5 -0 vote.
PAGE 3
City Manager Herakovich recommended approval of the
contract which had been negotiated with Architect's
Design Group, Inc., to provide Spatial Needs Analysis,
Master Planning, and Standard Architectural/
Engineering Services for a new Municipal Complex.
After a short discussion, Councilman Clark made a
motion to approve the staff recommendation. Vice
Mayor Furtado seconded the motion, which carried by
unanimous vote of 5 -0.
Vice Mayor Furtado made a motion to approve the
Consent Agenda with the amendment made by Councilman
Clark to the minutes of the 4/11/96 City Council
Workshop. Councilman Jablin seconded the motion,
which carried by 5 -0 vote. The following items were
approved on the Consent Agenda:
1. Approval of Minutes of 4/11/96 City Council
Workshop Meeting.
2. Approval of Minutes of 4/18/96 City Council
Workshop Meeting.
3. Resolution 70, 1996 - Consideration of
Approval of Plat of Frenchman's Creek Parcel
G1 replat, Section 2.
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PAGE 4
4. Resolution 71, 1996 - Consideration of
Approval of Plat of General Pointe PUD, PGA
National.
5. Resolution 75, 1996 - Consideration of
Approval to direct the City Manager to execute
an agreement with the Florida Department of
Transportation re: fences.
6. Resolution 76, 1996 - Consideration of
Approval of Uniform Traffic Control Agreement
with Eagleton Homeowners Association, Inc.
RE -ORDER OF AGENDA Councilwoman Monroe made a motion to re -order the
agenda in order to next consider Ordinance 6, 1996.
Vice Mayor Furtado seconded the motion, which carried
by unanimous 5 -0 vote.
ORDINANCES:
ORDINANCE 6, 1996 Mayor Russo announced that the City Council would now
hear comments by residents in regard to Consideration
of First Reading of Ordinance 6, 1996 - Amending
Ordinance 30, 1989, which created the Lake Catherine
PUD, to allow the gate system at the entrance to Lake
Catherine Drive to remain permanently closed through
December 31, 1996.
Milton Austin, 2001 Bedford Drive, favored keeping the
gate functional for convenience and safety reasons and
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PAGE 5
explained that many people who favored keeping the
gate open had not known about the previous meeting.
Mr. Austin reported vandalism was minimal and had been
non - existent since a guard had been hired.
Mayor Russo advised the Public Hearing would be held
on this matter June 6, 1996, and that it was the City
Council's intention to approve this Ordinance on first
reading at tonight's meeting and to make the decision
for second reading and approval at the June 6, 1996
meeting.
Dr. Craig Black, 1041 Bedford Avenue, favored keeping
the gate open for safety reasons and accessibility for
emergency services, and advised that since a
professional security firm had become involved there
had been a dramatic change.
Lucille Black, 1041 Bedford Avenue, reported she had
witnessed young girls climbing over the chain link
fences and favored keeping the gate open so that would
not happen, and in order to provide accessibility for
emergency services to the Lake Catherine community.
Vice Mayor Furtado made a motion to approve Ordinance
6, 1996 for consideration of first reading by title
only. Councilman Clark seconded the motion, which
carried by unanimous vote of 5 -0. The City Clerk read
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PAGE 6
Ordinance 6, 1996 on First Reading by title only.
DISCUSSION OF AGENDA After discussion, it was the consensus of the City
Council to place Items for Council Action near the
beginning on future agendas and Items by the Mayor and
City Council near the end.
PUBLIC HEARINGS:
ORDINANCE 29, 1996 Mayor Russo declared the Public Hearing open, which
was duly advertised 12/25/95 and postponed from the
1/4/96, 2/1/96 and 3/21/96 Regular Meetings, for
consideration of Second reading and adoption of
Ordinance 29, 1996 - Amending Section 159.029 of the
Palm Beach Gardens Code Land Development Regulations
(Effective Period of Development Orders). Principal
Planner Ellington requested further direction from the
City Council regarding section (H) requirements.
After discussion, no changes were made to Section H
requirements; however, the following changes were
suggested: Section A (1) (c): to insert the word not
in front of the words initiated development; Section
A (3) : to change the word require to encourage;
Section G (3) (a): to insert the words an
administrative in front of the word Extension and
delete the words at least 60 calendar days. After
further discussion regarding other changes which
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PAGE 7
should be made and upon advice of the City Attorney,
it was the consensus of the City Council to postpone
Ordinance 29, 1996 in order for more extensive changes
to be made. There being no comments from the public,
Councilman Clark made a motion to recess the Public
Hearing for Ordinance 29, 1996 for a period of two
weeks until the date of May 16, 1996. Councilman
Jablin seconded the motion, which carried by unanimous
vote of 5 -0.
RESOLUTION 28, 1996 Mayor Russo declared the Public Hearing open, which
was duly advertised 3/15/96, postponed from the
Regular Meetings of 3/21/96 and 4/4/96, for
consideration of Second Reading and Adoption of
Resolution 28, 1996 - Assigning Planned Unit
Development Zoning to Property Known as Damerau Office
Park and Approving Development of the Property
Consistent with the Plans Submitted. There were no
comments from the public. A request had been received
to postpone the Public Hearing to June 6, 1996,
however, because of the lengthy agenda on that date,
it was suggested that the postponement be to June 20,
1996. Vice Mayor Furtado made a motion to postpone
the Public Hearing to June 20, 1996. Councilman Clark
seconded the motion, which carried by unanimous vote
City Council Regular Meeting, 5/2/96
of 5 -0.
PAGE 8
RE -ORDER OF AGENDA Councilwoman Monroe made a motion to re -order the
agenda in order to next consider Resolution 44, 1996.
Vice Mayor Furtado seconded the motion, which carried
by unanimous 5 -0 vote.
RESOLUTIONS:
RESOLUTION 44, 1996
RESOLUTION 43, 1996
RESOLUTION 72, 1996
Vice Mayor Furtado made a motion to approve Resolution
44, 1996 - Consideration of Appointment of an
Alternate Member to the Art Advisory Committee, with
the name of Jay D. Doernback inserted section.
Councilwoman Monroe seconded the motion, which carried
by unanimous 5 -0 vote.
Councilwoman Monroe made a motion to approve
Resolution 43, 1996 - Consideration of Appointment of
a Member to the Beautification and Environmental
Committee, with the name of Donna Amado inserted into
in Section 1. Councilman Clark seconded the motion,
which carried by unanimous 5 -0 vote.
Mayor Russo expressed his opinion that the City should
assure that Palm Beach Gardens taxpayers were not
subsidizing the NAMAC program for other cities.
Councilman Clark made a motion to approve Resolution
72, 1996 - Consideration of Approval of Addendum No.
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PAGE 9
1 to Northern Area Mutual Aid (Fire) Consortium
Agreement. Vice Mayor Furtado seconded the motion,
which carried by unanimous vote of 5 -0.
RESOLUTION 73, 1996 Sara Lockhart, agent for Shoppes on the Green,
reviewed proposed architectural features and utility
easements for the proposed Burger King project, and
stated that the staff conditions of approval were
acceptable to the Petitioner. William Ingram,
resident of PGA National and member of the CAN Board
of Directors, explained that the CAN Board requested
that the application be denied because of traffic and
litter which would be created, and their concern that
a fast -food restaurant was not consistent with the
character of the shopping center and PGA National.
Ms. Lockhart addressed the concerns raised by Mr.
Ingram by explaining that the Petitioner would move
landscaping to improve visibility for traffic and had
agreed to a condition requiring litter control. Ms.
Lockhart stated that carry -out service was provided by
several of the existing businesses within the shopping
center. Mayor Russo and Councilman Jablin expressed
the opinion that this type of restaurant was not
compatible with the original approval intent and with
the existing improvements and therefore would vote
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PAGE 10
against this request. The other City Council members
were in agreement that this restaurant in compliance
with applicable Ordinances and development orders and
would relieve traffic to similar establishments on
Northlake Boulevard by providing PGA National
residents the option of that type of restaurant near
their homes. Vice Mayor Furtado made a motion to
approve Resolution 73, 1996 - Consideration of
Approval of a Site Plan for Parcel 2, Shoppes on the
Green, Burger King, within the PGA National Resort
Community PCD. Councilman Clark seconded the motion,
which carried by vote of 3 -2, with Mayor Russo and
Councilman Jablin voting against the motion for
reasons previously stated. Councilwoman Monroe made
a motion to reconsider Resolution 73, 1996 -
Consideration of Approval of a Site Plan for Parcel 2,
Shoppes on the Green, Burger King, within the PGA
National Resort Community PCD. Vice Mayor Furtado
seconded the motion, which carried by unanimous vote
of 5 -0. Councilman Clark made a motion to approve
Resolution 73, 1996 as amended with an additional
Condition 6 in Section 1 reading as follows: a revised
site plan shall be submitted showing all easements on
the site acceptable to the City Engineer prior to the
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approval of the construction drawings. Vice Mayor
Furtado seconded the motion, which carried by 3 -2
vote. Mayor Russo and Councilman Jablin voted against
the motion for reasons previously stated.
RESOLUTION 74, 1996 City Attorney Baird verified to Councilwoman Monroe
that although she was a member of the governing Board
of the Palm Beach Gardens Medical Center, she was
allowed to vote on Resolution 74, 1996 since she
received no compensation. After comments by staff and
by Steven Caraccio, agent for the Petitioner,
Councilman Clark made a motion to approve Resolution
74, 1996 - Consideration of Approval of an amendment
to the Palm Beach Gardens Medical Center PUD to allow
the removal and replacement of existing signage to
facilitate a name change due to new ownership.
Councilwoman Monroe seconded the motion, which carried
by unanimous 5 -0 vote.
ITEMS FOR COUNCIL ACTION:
STRUCTURAL ANALYSTS
CONTRACT Councilman Clark made a motion to approve the staff
recommendation to authorize the City Manager to enter
into the contract with David Griffith & Associates,
Ltd., to conduct a Structural Analysis. Vice Mayor
Furtado seconded the motion, which carried by
unanimous vote of 5 -0.
City Council Regular Meeting, 5/2/96
TTPMS RY MAYOR AND
PAGE 12
COUNCIL•
COUNCILMAN JABLIN Councilman Jablin reported that the North County Forum
Implementation Committee had received no comments from
the City regarding the Committee's recommendations,
and that the committee had discussed the concurrency
issue. Mayor Russo explained that the Municipal
League was in favor of concurrency as long as a
funding program was in place. Discussion ensued
regarding proposed concurrency phasing, and the fact
that the School Board had provided no plan to fix the
problem. Councilman Jablin expressed the hope that
the City Council would consider a resolution to
support the concurrency concept. It was the consensus
of the City Council to direct staff to prepare a
resolution.
COUNCILMAN CLARK Councilman Clark thanked the Palm Beach City Fire
Department personnel for transporting his injured
father to St. Mary's Hospital after his recent
automobile accident.
COUNCILWOMAN MONROE Councilwoman Monroe related an incident in which an
unidentified member of the Fire Department had offered
assistance to another resident who was changing a tire
on the side of I -95, which had been much appreciated.
Councilwoman Monroe reported erroneous information
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PAGE 13
reported in a newspaper distributed to gated
communities that attributed quotes to her that she did
not say.
VICE MAYOR FURTADO Vice Mayor Furtado referred to proposed legislation
that would replace the current school district with
smaller school districts and questioned whether City
Council members could participate in gathering
signatures for petitions. City Attorney Baird
responded that City Council members and City appointed
members of City Boards should be careful about
engaging in particular political actions other than
those they had been elected or appointed to perform
for the City. Vice Mayor Furtado requested that
interested parties contact her for information
regarding the proposed legislature. The Vice Mayor
reported that the Recreation Board had requested that
two alternates be appointed. It was the consensus of
the City Council that the resolution governing
appointments to the Parks and Recreation Advisory
Board be changed to allow appointment of alternates.
Vice Mayor Furtado suggested that consideration be
given to changing zoning on a parcel located at the
northwest corner of Alternate AlA and FGA Boulevard
from light industrial to commercial. After a
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discussion it was the consensus of the City Council to
assure that any type of vehicle which might need
access to that parcel in a future development would be
accommodated, and to look into industrial zoning in
the western portion of the City.
COUNCILWOMAN MONROE Councilwoman Monroe requested that another City
Council member attend meetings of the North County
Forum Implementation Committee in the future, which
Councilman Jablin agreed to do.
CITY MANAGER REPORT The City Manager reported that other communities did
not provide name badges or business cards to advisory
board members. It was the consensus of the City
Council to have name plates made for use by advisory
board members at their meetings. The City Manager
requested that City Council members contact her if
they were interested in attending the Excellence in
Government symposium. The City Manager reported the
success of the recent Computer Art Show. City Manager
Herakovich reported Mayor Russo's election to the
Municipal League Board and discussion at their recent
meeting regarding Sustainable South Florida.
Announcements were made for the annual Chamber of
Commerce Breakfast to be held May 10, and Youth Summer
Opportunities on May 9. The City Manager reported
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PAGE 15
staff concerns regarding the dumpster ordinance and
its contribution to the decline of recycling, and
received City Council consensus to present this issue
at a City Council meeting. A City Council workshop
meeting was scheduled for May 30,
CITY ATTORNEY City Attorney Baird reported that an agreement had
been reached by the parties in the Cypress Hollow -
Ballenlsles dispute. It was the consensus of the City
Council to waive administrative fees for the site plan
in this case.
City Council Regular Meeting, 5/2/96 PAGE 16
ADJOURNMENT There being no further business to discuss, motion was
made by Councilwoman Monroe, seconded by Councilman
Clark, and unanimously approved to adjourn the meeting
at 9:50 P.M.
APPROVAT /JOE SO
VICE MAYOR LAUREN FURTADO
�a �
C e�-
COUNCILWOMAN LINDA MONROE
COUNCILMAN ERI ABLIN
COUNCILMAN DAVID CLARK
ATTEST:
NDA V. KOSIER, CMC, CITY CLERK