HomeMy WebLinkAboutMinutes Council 041896CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
APRIL 18, 1996
The Regular Meeting of the City Council of the City of
Palm Beach Gardens, Florida, was called to order by
Mayor Russo at8:44 P.M. in the Assembly Room of the
Municipal Complex, 10500 North Military Trail, Palm
Beach Gardens, Florida.
ROLL CALL The Deputy City Clerk called the roll and present were
Mayor Russo, Vice Mayor Furtado, Councilman Jablin,
and Councilman Clark. Councilwoman Monroe arrived at
8:12 P.M.
ANNOUNCEMENTS
Mayor Russo welcomed Palm Beach Community College
students to the meeting,
and stated
that the
announcements were as posted
on the City's
bulletin
boards.
PRESENTATIONS:
WILLIAM KAZAKAVAGE
A pin for 10 years of service
was awarded
to William
Kazakavage, Public Works Department.
ROBERT BONIEWSKI
A pin for 15 years of service
was awarded
to Robert
Boniewski, Fire Department.
AMERICAN TRUCKERS
Jeff Drury, American Truckers
Association,
explained
CITY COUNCIL REGULAR MEETING, 4/18/96 PAGE 2
that he had addressed the MPO that morning regarding
the importance of trucking to the State and the
importance of the Truckers Association working with
the cities and counties. Mr. Drury commented that he
had agreed to work with the MPO to find a solution to
the traffic problems involving trucks, and agreed with
Vice Mayor Furtado's suggestion that truck lanes could
replace HOV lanes and that this should be addressed
while the I-95 widening was in the construction phase.
Mr. Drury also suggested limiting trucks to off-peak
hours, and commented that Publix had agreed to
cooperate. The Vice Mayor suggested that driver's
license tests be conducted out on the roads instead of
behind the courthouse, and commented that each member
of the MPO would ride in a truck before their next
meeting in order to gain perspective regarding the
truckers' problems. Mr. Drury stated that their
association would work with the City in any way
possible.
NURSERY REPORT Director of Public Works Bob Patty reported the annual
costs to operate the City Nursery, and reviewed the
Public Works operations which were accomplished
annually on approximately ten acres of the nursery
land, which saved money. Mr. Patty recommended that
CITY COUNCIL REGULAR MEETING, 4/18/96
ITEMS BY MAYOR AND
COUNCIL
WESTMINISTER CHURCH
ACQUISITION
PAGE 3
if the nursery was kept in operation that trees could
be removed and planted on a break even basis and the
rest of the property could be utilized for additional
Public Works functions, which would save the taxpayers
$40,000 to $50,000 annually for normal operations.
Discussion ensued regarding the cost of trees to
residents. It was agreed to leave the price at $50
for another year to allow residents in the older
sections of the City to take advantage of this program
at an affordable cost.
City Manager Herakovich reported that a contract had
been negotiated and presented to the City Council for
review. After review of the contract provisions, it
was explained that the purchase price would not change
even though it could be up to 1-1/2 years before the
closing date. Mayor Russo commended both parties on
the contract negotiation. Councilman Clark made a
motion to approve the contract for sale and purchase
as presented to the City and to authorize the City
Manager and/or the Mayor, as appropriate, to execute
same. Motion was seconded by Vice Mayor Furtado, and
carried by unanimous vote of 5-0.
CITY COUNCIL REGULAR MEETING, 4/18/96
PAGE 4
BACKGROUND CHECKS Human Resources Director James Waldron recommended
that background checks be performed by an outside
service, since that was more cost effective than when
done in-house. City Manager Herakovich commented that
since this item had not been budgeted, staff would
research funding sources and would come back for
contract approval.
VICE MAYOR FURTADO The Vice Mayor reported that FDOT had assured the MPO
that the designs for the I-95 sound barrier walls
would be completed this summer, and they had agreed to
pay for temporary fencing for the residential portion
from Northlake Boulevard to Burns Road where they had
removed the vegetation. Vice Mayor Furtado commented
that the chain link fencing was not the temporary
fencing that would be erected. The City Manager
commented that staff would send a letter to the
Turnpike Authority to assist the PGA National
residents in their attempts to also obtain a wall.
The City Manager also explained that DOT had the
ability to enter .into an agreement with a local
government agency whereby that agency would accept
bids and award the contract for fencing, and could
send the invoices to DOT. This arrangement, which
would speed the process by approximately six months,
CITY COUNCIL REGULAR MEETING, 4/18/96
PAGE 5
would be presented to the City Council for approval at
the next meeting. Vice Mayor Furtado reported that
the Recreation Advisory Board needed two alternates,
that the Board had suggested that all board members
have name tags, and that they had requested a workshop
with the City Council. Discussion ensued regarding
the Vice Mayor's suggestion that all Boards meet with
the City Council for a workshop once a year, with the
conclusion that if a Board requested a workshop then
the City Council would meet with them. Vice Mayor
Furtado suggested that a notice regarding an upcoming
task force be placed in the City's newsletter so that
residents could respond indicating their interest so
that when the Community Affairs Coordinator in place
that volunteers would already be identified. Mayor
Russo recommended that money be budgeted for that
Board. The Vice Mayor recommended that road
improvements in the Capital Improvement Plan would be
coordinated with drainage corrections, to which the
City Manager responded that the drainage crew would
coordinate their work with the road improvements. The
Vice Mayor reported that Sam Carsillo was home after
an operation and was happy that all items on his list
had been resolved except for the train whistle.
CITY COUNCIL REGULAR MEETING, 4/18/96 PAGE 6
COUNCILMAN JABLIN Councilman Jablin assured Gay Turner that a letter was
being prepared in response to her correspondence.
COUNCILMAN CLARK Councilman Clark reported that Commissioner Marcus had
suggested that the International Childrens Museum
project seek an option to acquire a portion of the
County parcel on the south side of PGA Boulevard, and
volunteered to attend the County Commission meeting to
make a presentation assuring the Commission that the
museum location was consistent with the City's plan
for PGA Boulevard. Mayor Russo reported he had been
also been contacted regarding a presentation, but that
he was unable to attend the meeting. It was the
consensus of the City Council that Councilman Clark
make a presentation at the Commission meeting.
MAYOR RUSSO The Mayor reported that the Municipal League supported
the concurrency issue; reported that the County was
developing an Ordinance which would allow them to
negotiate charges for services with individual
municipalities rather than everyone paying the same
amount for a specific service; and reported that
Wackenhut had indicated a desire to help the City in
any way possible.
PRESENTATION
PETE BERGEL Pete Bergel was awarded a pin for 15 years service
CITY COUNCIL REGULAR MEETING, 4/18/96
CONSENT AGENDA
PUBLIC HEARINGS:
ORDINANCE 3, 1996
PAGE 7
with the Fire Department.
Councilman Clark made a motion to approve the Consent
Agenda with the amendment of minutes submitted to the
City Council earlier that evening in their packets.
Vice Mayor Furtado seconded the motion, which carried
by 5-0 vote. The following items were approved on the
Consent Agenda:
1. Approval of Minutes of 4/4/96 City Council
Regular Meeting.
2. Proclaiming May 6-13, 1996 as "Drinking Water
Week".
3. Proclaiming May 5-11, 1996 as "Municipal
Clerks Week".
Mayor Russo declared the Public Hearing open, which
was duly advertised 4/3/96, for consideration of
Second reading and adoption of Ordinance 3, 1996 -
Amending Chapter 33 of the Palm Beach Gardens Code,
Entitled "Police Department"; Revising the Credited
Service of the Fund; Revising the Normal Retirement
Benefit; Revising the Duty Disability Provisions;
Revising the Buyback Provisions; Adding Review
Procedures; Adding a Rollover Provision; Providing for
Severability; Providing for Codification; and,
CITY COUNCIL REGULAR MEETING, 4/18/96
PAGE 8
Providing for an Effective Date. There being no
comments from the public, Mayor Russo declared the
Public Hearing closed. Vice Mayor Furtado made a
motion to approve Ordinance 3, 1996 for consideration
of second reading and adoption. Councilman Jablin
seconded the motion, which carried by unanimous vote
of 5-0. The Deputy City Clerk read Ordinance 3, 1996
on Second Reading by title only.
ORDINANCE 4, 1996 Mayor Russo declared the Public Hearing open, which
was duly advertised 4/3/96, for consideration of
Second reading and adoption of Ordinance 4, 1996 -
Providing for a Pension Plan Re -Entry Period for those
Employed by the City as Police Officers; Providing for
an Expiration Date; Providing for Severability,
Providing for the Repeal of Ordinances or Parts of
Ordinances in Conflict Herewith; and, Providing for an
Effective Date. There being no comments from the
public, Mayor Russo declared the Public Hearing
closed. Vice Mayor Furtado made a motion to approve
Ordinance 4, 1996 for consideration of second reading
and adoption. Councilman Jablin seconded the motion,
which carried by unanimous vote of 5-0. The Deputy
City Clerk read Ordinance 4, 1996 on Second Reading by
title only.
CITY COUNCIL REGULAR MEETING, 4/18/96 PAGE 9
REORDER OF AGENDA Councilwoman Monroe made a motion to reorder the
agenda to consider Resolutions 64, 66, 67, and 68,
1996 next and then the NorthCorp PCD Amendment. Vice
Mayor Furtado seconded the motion, which carried by
unanimous vote of 5--0.
RESOLUTIONS:
RESOLUTION 64, 1996 Principal Planner Bristol Ellington reviewed the staff
report for Resolution 64, 1996 - Consideration of
Approval of an Amendment to the Gardens Plaza Site
Plan re: Covered Parking Structures. Henry Skokowski,
agent for the petitioner, explained that the request
was for temporary parking improvements which would be
replaced with a permanent parking structure upon
construction of the second office building, and
proposed that the applicant provide landscape
improvements in all key island parking lot areas as
well as additional landscaping, irrigation, and
permanent maintenance to the Fairchild Drive median
near the library. Bob McIntosh, a tenant in the
office building, spoke on behalf of other tenants in
support of the covered parking. Discussion ensued
during which the City Attorney advised that if the
City Council wished to exceed the 5% limitation on
covered parking that the Ordinance should be amended.
CITY COUNCIL REGULAR MEETING, 4/18/96
PAGE 10
After further discussion, it was the consensus of the
City Council that the City Attorney research whether
they could legally approve one space per office and if
so, this item would be placed on the next Consent
Agenda for approval. If it was found not to be legal,
the item would be rescheduled on the agenda for
further consideration.
RESOLUTION 66, 1996 Principal Planner Ellington reported the status of
fines imposed upon the Sanctuary by the Code
Enforcement Board. City Forester Mark Hendrickson
reviewed the proposed mitigation/restoration plan for
Resolution 66, 1996 - Consideration of Approval of the
Sanctuary PUD Amendment, including the fact that the
plans indicated that the Frenchman's Creek 25' wide
bermed landscape buffer and fence encroached into the
Sanctuary's 50' side buffer area at the northwest
corner, which the Sanctuary proposed to allow.
Councilwoman Monroe expressed concern that Frenchman's
Creek would be patrolling on Pulte's land. City
Attorney Baird expressed an opinion that after replat
that purchasers would take title subject to the
replat. Concern was expressed regarding whether there
would be a problem with any existing lots, with the
conclusion that only two lots would be affected.
CITY COUNCIL REGULAR MEETING, 4/18/96
PAGE 11
After further discussion, Condition 4 was changed at
the suggestion of the City Attorney to read: The
landscaping shall be warranted/guaranteed for one year
by the petitioner from the date the City accepts
certification. Bob Bentz, agent for the Petitioner,
commented that with approval of this plan the
Petitioner was ready to move forward. Councilman
Clark made a motion to approve Resolution 66, 1996,
with the amendment to Condition 4 as read into the
record by the City Attorney, Councilman Jablin
seconded the motion, which carried by unanimous 5-0
vote.
RESOLUTION 67, 1996 Principal Planner Ellington reviewed the staff report
for Resolution 67, 1996 - Consideration of Approval of
an Amendment to Rear Setback on Lot 27 in Parcel E-1,
Frenchman's Creek. Bill Watkins, agent for the
owners, described the waiver request. Guest
facilities were discussed, and staff reported this
guest suite was consistent with prior approvals in
this area. Councilman Clark made a motion to approve
Resolution 67, 1996. Councilman Jablin seconded the
motion, which carried by unanimous 5-0 vote.
RESOLUTION 68, 1996 Principal Planner Ellington reviewed the staff report
CITY COUNCIL REGULAR MEETING, 9/18/96
PAGE 12
for Resolution 68, 1996 - Consideration of Approval of
an Amendment to the Approved Site Plan for Lot 2 of
South Park Center Plat within the NorthCorp Center
PCD. Agent for the Petitioner Jeff Lis stated
agreement with all of the staff's conditions.
Councilman Clark made a motion to approve Resolution
68, 1996. Councilwoman Monroe seconded the motion,
which carried by unanimous 5-0 vote.
ITEMS FOR DISCUSSION
NORTHCORP FCD
AMENDMENT Principal Planner Ellington reviewed the staff report
which described the request to amend Ordinance 1, 1990
for the NorthCorp Center PCD. The problem raised by
the owner of Stayin' Alive Fitness Center at a prior
meeting was discussed. The possibility of using speed
humps was discussed. City Engineer Lindahl discussed
items presented in a letter received that day from
Catalfumo, one of which was that the staff conditions
did not address the necessity to correct a critical
drainage problem which was surfacing as development of
the property progressed. The City Engineer explained
that it was not included as a condition because it was
not necessary to be included in an amendment, but only
required a meeting to come to consensus on how to
CITY COUNCIL REGULAR MEETING, 4/18/96
PAGE 13
resolve the problem, which could be accomplished by
allotting sufficient open surface storage areas on the
site. Another issue raised by Catalfumo was the 50 -
foot drainage easement running along the entire east
boundary just west of the FEC railroad which the City
required could not be built as an open channel, but
must be constructed as a storm sewer and would be paid
for by the developer or a subsequent entity. The
third issue raised by Catalfumo was the roadway north
of RCA between Lots 1 and 2, which was option 3 on the
City's thoroughfare plan, and recommended that this
become a condition. Only the roadway issue was a new
amendment to the PCD; the other two items were in the
existing development order for NorthCorp and South
Park plat. The City Engineer stressed that the
project should not proceed without resolution of these
problems. Because of lack of time, it was the
consensus of the City Council to return to this item
after consideration of remaining agenda items.
RESOLUTION 69, 1996 Vice Mayor Furtado made a motion to approve Resolution
69, 1996 - Consideration of Approval to Amend the Site
Plan for the Medical Mall at the Palm Beach Gardens
Parcel at the Regional Center Planned Community
District, by Modifying the Exterior Architectural
CITY COUNCIL REGULAR MEETING, 4/18/96
PAGE 14
Finishes to the Buildings. Councilwoman Monroe
seconded the motion, which carried by unanimous vote
of 5-0.
ORDINANCE 5, 1995 Linda Hughey requested postponement of this item,
stating that it was not what the task force had
proposed. Councilwoman Monroe suggested that
Ordinance 5, 1996 - Amending Chapter 159 of the Palm
Beach Gardens Code, Entitled "Land Development
Regulations", Specifically Section 159.11 "Parking and
Storage of Commercial Vehicles, Boats, Buses, Trailers
and Trucks"; Providing for Severability; Providing for
Codification; and, Providing for an Effective Date be
placed on First Reading in order to save time, and to
discuss changes later. Councilwoman Monroe made a
motion to place Ordinance 5, 1996 on First Reading by
title only. Motion was seconded by Vice Mayor
Furtado, and carried by unanimous vote of 5-0. The
Deputy City Clerk read Ordinance 5, 1996 on First
Reading by title only.
ORDINANCE 7, 1996 Councilwoman Monroe made a motion to place Ordinance
7, 1996 - Amending Chapter 93, Code of Ordinances,
Fire Protection and Prevention by Creating a new
Section 93.29 to be Entitled "Recovery of Hazardous
CITY COUNCIL REGULAR MEETING, 4/18/96
ORDINANCE 8, 1996
ITEMS FOR DISCUSSION
COMP PLAN AMENDMENT
PAGE 15
Substances Response Costs"; Providing for
Severability; Providing for the Repeal of Ordinances
or Parts Thereof in Conflict Herewith; and, Providing
for an Effective Date on First Reading by title only.
Vice Mayor Furtado seconded the motion, which carried
by unanimous vote of 5-0. The Deputy City Clerk read
Ordinance 7, 1996 on First Reading by title only.
Councilwoman Monroe made a motion to place Ordinance
8, 1996 - Adopting the Evaluation and Appraisal Report
of the Comprehensive Plan of the City as set forth in
Exhibit "A". Providing for the Repeal of all
Ordinances or Parts in Conflict Herewith, Providing
for Severability, and, Providing for an Effective
Date, on First Reading by title only. Vice Mayor
Furtado seconded the motion, which carried by
unanimous vote of 5-0. The Deputy City Clerk read
Ordinance 8, 1996 on First Reading by title only.
Councilwoman Monroe expressed concern that this item --
Comprehensive Plan Amendment #96-1 (MacArthur Parcel
13.01)-- might be approved only because the Visioning
Committee had recommended it, however, it was
explained that this item had been discussed at a
previous meeting when Councilwoman Monroe was not
CITY COUNCIL REGULAR MEETING, 4/18/96 PAGE 16
present.
SHOPPES ON THE GREEN
PARCEL 2
(BURGER KING) Principal Planner Ellington provided background for
this item and explained that Burger King project
representatives had met with CAN members to try to
resolve traffic concerns and had formulated four
conditions which they would like to have incorporated
into the development order. Staff's concern was only
with the third condition which would restrict the
hours for pickup of refuse, solid waste, and
recyclables, since the proposal was in conflict with
the City's contract with Waste Management. Staff
therefore recommended that condition not be
incorporated within the development order, since they
believed it was not enforceable by the City. Sara
Lockhart, agent for the Petitioner, requested further
direction from the City Council regarding signage. It
was the consensus of the City Council that the sign
not be placed on the roof. Ms. Lockhart commented
that the drive-through met site plan standards in the
Code. Mayor Russo and Councilman Jablin expressed
concern with the circulation and internal flow of
traffic. Other Council members expressed opinions
that the traffic would not be a problem at this
CITY COUNCIL REGULAR MEETING, 4/18/96
PAGE 17
location. A member of the audience commented the CAN
Board had voted that they preferred that Burger King
not locate on that site because of the number of
restaurants already in the immediate area. Mayor
Russo advised that residents would have an opportunity
to express opinions at the Public Hearing.
NORTHCORP PCD
AMENDMENT (CONTINUED) Nick Lioce, Agent for CTB Ventures, Inc., explained
that items requested by the City over the past four
years were now being incorporated into an amendment
and were not new requests. Mr. Lioce described the
differences requested in the uses from those in the
original ordinance, and stated that the three uses at
issue were the hotel, category 4 (art galleries
museums, dance, art and music studios), and fraternal
organizations. Mr. Lioce explained that traffic for
these uses was no more than for industrial uses, and
that the problem was none of those three uses could
fit within another building to which the 5% and 10$
limitation applied. Mr. Lioce explained that
Petitioner agreed that if the right to use the FEC
drainage canal was withdrawn then the City at its
discretion could require them to furnish proper
drainage, and that the objection was only to the fact
CITY COUNCIL REGULAR MEETING, 4/18/96
PAGE 18
that the proposed language stated that the City could
require this at any time. Mr. Lioce stated he was
unprepared to discuss the 80 -foot right-of-way,
however, could state that Petitioner could not agree
to such an easement, and that it was not a
requirement, but only an alternative for a traffic
exit for the MacArthur Foundation property, and was
unnecessary. Mayor Russo recalled that the original
developer had agreed to develop this parcel as a PCD,
and explained that was the way that the City wanted,
and that the City and the present developer should
work together. Mr. Lioce explained that the
Petitioner had agreed to all other conditions except
those he had discussed at this meeting. Mayor Russo
commented that it was time that all issues were
resolved.
CITY COUNCIL REGULAR MEETING, 4/18/96 PAGE 19
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 11:30 P.M.
APPROVAL
MAYOR JOE RUSSO
VICE MAYOR LAUREN FURTADO
COUNCILWOMAN LINDA MONROE
COUNCILMAN ERIC JABLIN
COUNCILMAN DAVID CLARK
ATTEST:
CINDY HARVEY, DEPUTY CITY CLERK