HomeMy WebLinkAboutMinutes Council 010595CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
JANUARY 5, 1995
The Regular Meeting of the City Council of the City of
Palm Beach Gardens, Florida, was called to order by
Mayor Clark at 7:30 P.M. in the Assembly Room of the
Municipal Complex, 10500 North Military Trail, Palm
Beach Gardens, Florida, and opened with the Pledge of
Allegiance to the Flag.
ROLL CALL The City Clerk called the roll and present were Mayor
Clark, Vice Mayor Monroe, and Councilman Russo.
Councilwoman Furtado arrived at 7:35 and Councilman
Jablin arrived at 7:40 p.m.
ANNOUNCEMENTS Mayor Clark stated that there were no announcements.
PRESENTATIONS
LEGISLATIVE UPDATE
(SHARON MERCHANT) State Representative Sharon Merchant provided an
overview on legislative issues and requested
legislative ideas be phoned to her local office. Top
issues for 1995 certain to arise were listed by
Representative Merchant as comparative fault,
referring to non economic damages; telecommunications,
referring to the removal of the monopoly on local
services; healthcare, in particular the medicaid
waiver; and the catastrophic fund, which was inspired
by Hurricane Andrew. Local issues included expanding
economic development for municipalities and for the
CITY COUNCIL REGULAR MEETING, 1/5/95 PAGE 2
county, and whether to use bed tax dollars to build a
stadium.
AWARDING OF BIDS:
TURF MANAGEMENT
SERVICE Kent Olsen, Finance Director, recommended that bids
for Turf Management Services which were duly
advertised 11/27/94 and opened and read 12/21/94, be
rejected due to the fact that only two proposals had
been received and that there were questions regarding
specifications. He further recommended that turf
management services be rebid, and that the current ISS
contract be extended until May 31, 1995. Councilman
Russo expressed concern that on several occasions
items needed to be rebid and commented that homework
for specifications needed to be more exact before
bidding. Vice Mayor Monroe made a motion, seconded by
Councilwoman Furtado, to reject all bids and to
readvertise for the turf management services, and also
to extend the existing contract until May 31, 1995, as
recommended by staff. The motion was unanimously
approved by the City Council.
MULTIPURPOSE
EXCAVATOR Director of Public Works Bob Patty recommended
acceptance of the low bid from the bids for a
Multipurpose Excavator which were duly advertised
11/20/94 and 11/22/94, and opened and read 12/22/94.
CITY COUNCIL REGULAR MEETING, 1/5/95
PAGE 3
After discussion, Vice Mayor Monroe made a motion,
seconded by Councilman Jablin, to accept the staff
recommendation to purchase the multipurpose excavator
from Shelley Tractor & Equipment Co. for $292,821.20.
The motion was unanimously approved by the City
Council.
ITEMS BY MAYOR AND
CITY =CIL:
COUNCILWOMAN FURTADO
Councilwoman Furtado requested that the PBIA
interchange be scheduled for discussion and a possible
resolution. City Manager Herakovich responded to
Councilwoman Furtado that staff would move forward
with business surveys by meeting with the President of
FAU, who had indicated that some FAU departments could
be helpful. The City Manager reported that some of
the ideas resulting from the lighting of the Lake
Catherine ballfields were to reconfigure the
ballfields to accommodate additional parking and
increased landscaping, and that the Lake Catherine
development residents had space on their side of the
street to erect a wall and to increase landscaping if
they should so desire.
VICE MAYOR MONROE
Vice Mayor Monroe reported that the FDOT response had
been positive on restriping Military Trail in February
or March, and in increasing the width of the bicycle
lane. The Vice Mayor requested that City Forester
CITY COUNCIL REGULAR MEETING, 1/5/95
PAGE 4
Hendrickson clarify the FDOT response regarding trees.
The City Manager responded to Vice Mayor Monroe that
a meeting had been scheduled with the high school to
discuss the tennis court and ballfield issues.
COUNCILMAN RUSSO Councilman Russo reported that the City's traffic
concerns regarding the Abacoa project would be
discussed at a meeting with Commissioner Marcus.
MAYOR CLARK Mayor Clark reported that as a result of a meeting
that day regarding the changing plans for the stadium
that the Abacoa traffic issue had been raised and that
Commissioner Marcus should be contacting the City in
the near future to schedule that meeting. He also
reported that the City had been asked to assess their
ballfield needs and determine what they would be
willing to pay to use the stadium's outlying fields.
COUNCILMAN JABLIN Councilman Jablin reported on a meeting of the
Education Advisory Board and stated that very positive
reports would be forthcoming in the next several
months.
COMMENTS FROM THE PUBLIC:
MILTON STERN Milton Stern, a resident of PGA National, discussed
the planned road connection between I -95 and the Palm
Beach International Airport and stated that the
county -wide benefits would far outweigh the concerns
of local residents who lived near the airport by
CITY COUNCIL REGULAR MEETING, 1/5/95
CONSENT AGENDA:
RESOLUTIONS:
RESOLUTION 174, 1994
PAGE 5
relieving congestion on I -95 and on local roads,
increasing convenience and safety over a wide area,
saving the County millions of dollars which would
otherwise be necessary to upgrade county roads, and
alleviating future pressures on our North County
airport.
Councilman Russo made a motion to approve the Consent
Agenda with Item 3 removed. Vice Mayor Monroe
seconded the motion. The motion carried unanimously.
The following items were approved on the Consent
Agenda:
1. Approval of Minutes of 12/15/94 City Council
Regular Meeting.
2. Resolution 1, 1995 - Consideration of Approval
of License Agreement between the City of Palm
Beach Gardens and Seacoast Utility Authority.
Resolution 174, 1994 - Consideration of Approval of
PGA National Parcel M24, Canterbury /The Lakes Site
Plan Amendment, was discussed by Planning & Zoning
Director Walton. Henry Skokowski, agent for the
petitioner, reviewed changes since the last meeting
and suggested elimination of the proposed call box,
and widening the traffic circle drive by reduction of
the circle interior. An eight inch variance to the
CITY COUNCIL REGULAR MEETING, 1/5/95
PAGE 6
rear setback for four lots was discussed. In an
effort to accommodate the petitioners need to move
ahead with the project, a lengthy discussion ensued
regarding possible procedure. The City Attorney
expressed concern that a precedent would be set
whereby the Council would not see the whole finished
plan when they approved a petition if the plan were
approved subject to items that would be modified with
staff approval. Motion was made by Councilman Jablin
to approve Resolution 174, 1994, striking the language
in condition 3 under Section 2 in the Resolution and
substituting the language used on page 3, condition 3,
in the staff report dated December 7, 1994; delete
from Section 1, number 1, "(without the unmanned gate
system)"; adding condition number 4 under Section 2 to
read. "The gate system shall be subject to the
approval of the City Staff and City Engineer; and
adding condition number 5 under Section 2 to read,
"The final geometry of the widened traffic rotary
shall be subject to the approval of the City Engineer
and City Staff." Councilman Russo expressed concern
that if the gates were changed in the future that
stacking problems could present a danger to the
community and therefore some form of control was
needed so that the gates could not be changed. It was
CITY COUNCIL REGULAR MEETING, 1/5/95
PAGE 7
the consensus of the City Council to approve the
resolution and instead of leaving items subject to the
approval of staff to have the petitioner file an
additional application which would be expedited
through the entire approval process to take care of
all of the gate and traffic problems. Councilman
Jablin stated he wished to revise his motion to change
Section 1, paragraph 1 to read "December 22, 1994
revised site plan by Urban Design Studio without the
gate system" and to strike the language in condition
3 under Section 2 in the Resolution and substitute the
language used on page 3, condition 3, in the staff
report dated December 7, 1994. Motion was seconded by
Councilman Russo and unanimously passed.
RESOLUTION 178, 1994 Discussion of Resolution 178, 1994 - Consideration of
Approval of an Interlocal Agreement for Ballfield
Lighting at Lake Catherine, revolved around language
in the interlocal agreement which might cause
discrimination problems against non - residents. Upon
recommendation by the City Attorney, it was the
consensus of the City Council not to proceed without
a letter from the County clarifying their position
regarding the discrimination reference in the
agreement.
RESOLUTION 2, 1995 Regarding Resolution 2, 1995 - Consideration of
CITY COUNCIL REGULAR MEETING, 1/5/95
PAGE 8
Approval of Policy Regarding the Protection,
Preservation, Acquisition and Use of Environmentally
Sensitive Lands, Vice Mayor Monroe questioned whether
language in the policy statement could force the City
to start a nature center before they were ready.
Planning and Zoning Director Walton explained that the
language referred to planning a nature center and not
to the construction. Vice Mayor Monroe made a motion
to approve Resolution 2, 1995. Motion was seconded by
Councilwoman Furtado and unanimously passed.
RESOLUTION 3, 1995 Vice Mayor Monroe stated that as a member of the
Governing Board of the Palm Beach Gardens Medical
Center, she had a conflict of interest, had signed the
appropriate form, and would not vote on Resolution 3,
1995 - Consideration of Approval of Palm Beach Gardens
Medical Center Phasing Plan. Planning and Zoning
Director Walton explained that the 1981 PUD granted to
Palm Beach Gardens Medical Center carried a phasing
plan and that this application requested changes to
the phasing to extend buildout from 1995 to 1999 and
to allow flexibility in the order of improvements and
not to the PUD. Ed Oliver, agent for the petitioner,
discussed the petition and announced that the hospital
would be merging with a large national hospital chain
which would bring dollars into the community. Motion
CITY COUNCIL REGULAR MEETING, 1/5/95
PAGE 9
was made by Councilman Russo to approve Resolution 3,
1995. Motion was seconded by Councilwoman Furtado.
Upon advice of the City Attorney, Councilman Russo
amended his motion as follows: to approve Resolution
3, 1995 amending section 2, number 1, to read "The
applicant shall construct additional improvements in
accordance with the revised phasing plan referenced
herein as Exhibit B. Should the applicant propose to
construct these improvements in a sequence that
differs from the approved phasing plan, the applicant
shall notify in writing, the City Manager. Upon
approval of the City Manager applicant may construct
the improvements in a different sequence." The
amended motion was seconded by Councilwoman Furtado
and unanimously approved.
Councilwoman Furtado expressed the opinion that the
time deadline should be adhered to so that the Council
would have information in sufficient time to read it
to eliminate so many changes to resolutions in the
meetings. The City Manager stated that Council
members would receive complete packages in the future.
RESOLUTION 4, 1995 Planning and Zoning Director Walton reviewed the staff
report for Resolution 4, 1995 - Consideration of
Approval of Amendment to PGA National M29B, Diamond
Head. Henry skokowski, agent for the petitioner,
CITY COUNCIL REGULAR MEETING, 1/5/95
PAGE 10
commented that other property owners had been notified
of the proposed change to custom zero lot line homes
and that all responses had been favorable. Vice Mayor
Monroe made a motion to approve Resolution 4, 1995.
Motion was seconded by Councilwoman Furtado and
unanimously passed.
ITEMS FOR COUNCIL ACTION
AUTHORIZATION TO PURCHASE
EKG UNIT City Manager Herakovich requested authorization to
purchase a Life -Pak 10 Monitor Defibrillator Unit for
$7,999.20. Vice Mayor Monroe requested more
information in the future regarding why a piece of
equipment was chosen from a sole provider. Motion was
made by Vice Mayor Monroe to accept stafffs
recommendation. Motion was seconded by Councilwoman
Furtado and unanimously carried.
AUTHORIZATION TO APPLY
FOR 1995 ALTERNATIVE
FUEL FUNDS After discussion, Vice Mayor Monroe moved approval of
staffs recommendation to apply for 1995 Alternative
Fuel Funds. Motion was seconded by Councilwoman
Furtado and unanimously passed.
WEISS SCHOOL SPECIAL
EVENT APPLICATION Assistant City Manager Dunham reviewed the Weiss
School application for a school carnival to be held
February 3, 4 and 5, 1995, and explained that there
would be adequate parking. Vice Mayor Monroe moved
CITY COUNCIL REGULAR MEETING, 1/5/95
PAGE 11
approval of the request for the Weiss School to hold
a special event as per staff's recommendation. Motion
was seconded by Councilman Russo and unanimously
passed.
NORTHLAND BOULEVARD
STREET LIGHTING City Engineer Lindahl explained that the lighting of
Northlake Boulevard from Military Trail to the
Turnpike overpass would involve relocated poles on the
north side as well as existing poles on the south side
that would not need to be relocated; and a combination
of County and City contributions. FP &L fees for the
north side of the road from Kelso to the Turnpike,
would cost the City $28,000 for lighting and concrete
poles, and from Kelso to Military Trail which would
cost the County $31,870. FP &L fees for the south side
of the road from the Turnpike to two poles east of
Kelso, which consisted of the existing wood pole line,
would not have to be relocated, but to change from
wood to concrete and provide illunimation would be
$85,000; however, to keep the wood poles and only
provide lights would be $3,000. It was the consensus
of the City Council to accept the suggestion of the
City Manager to remind the County that the City had
already contributed $500,000 to the road building fund
for Northlake and had no further funds available, and
CITY COUNCIL REGULAR MEETING, 1/5/95
PAGE 12
request that they go before the County Commission and
suppport the City's quality of work with concrete
poles on Northlake Boulevard.
HICKORY DRIVE
REALIGNMENT City Engineer Lindahl recommended approval of a
corrective deed for Hickory Drive to properly align
the new median cut in PGA Boulevard and the centerline
of Shady Lakes Drive on the north side of PGA
Boulevard. City Attorney Baird recommended that the
corrective deed be in the form of a general warranty
deed. After discussion, motion was made by Vice Mayor
Monroe to exchange a quit claim deed from the City to
the MacArthur Foundation in return for a special
warranty deed from the MacArthur Foundation to the
City backed up by an opinion from Attorney Stephen
Mathison's law firm. Motion was seconded by
Councilman Russo and unanimously passed.
CITY MANAGER REPORT The City Manager announced that the City's fire
insurance rating would be lowered in February because
of improved fire department services. City Manager
Herakovich reported that Home Depot had rented off -
site storage and would be moving pallets, etc. from
behind their building. The City Manager reported that
Chief of Police Fitzgerald would be installed as
President of the Association of Chiefs of Palm Beach
CITY COUNCIL REGULAR MEETING, 1/5/95 PAGE 13
County on January 19, 1995.
CITY ATTORNEY City Attorney Baird reported that the City's contract
was upheld in the DeLuca case, and that a second
motion for summary judgement would be filed for
damages.
ITEMS FOR DISCUSSION:
BAYSHORE CLUB AT
PALM BEACH GARDENS
Planning and Zoning Director Walton reviewed the
outstanding issues of paver blocks, 9 or 10 -foot
parking spaces, percentage of covered parking, the
tunnel, interim sidewalk, and timing of installation
of the landscaping buffer on the north side of the
east -west road. Rhett Roy, agent for the petitioner,
referred to a map of the MacArthur Center showing the
regional mall and the tracts of land for this project
to orient everyone to the project location. Michael
Moss, Architect, reviewed the architectual portion of
the project. In response to Vice Mayor Monroe's
suggestion to use embossed concrete as an alternative
to paver blocks, Mr. Ray stated that water seepage
into the cut surface could cause portions of the
design to rise, and the City Engineer explained that
in comparison to asphalt, paver block could not be
maintained as cheaply; therefore, staff would like a
master plan showing selected paver block locations
with one entity to maintain all locations. It was the
CITY COUNCIL REGULAR MEETING, 1/5/95
PAGE 14
consensus of the City Council that parking spaces be
10 feet in width. Further discussion included the
type of covered parking and that 10 -foot spaces would
increase the size of the parking structures. Because
of the meeting curfew there was no further time for
discussion.
ADJOURNMENT There being no further business to discuss, motion was
made by Councilman Jablin, seconded by Vice Mayor
Monroe, and unanimously approved to adjourn the
meeting at 11:30 P.M.
APPROVAL
MAYOR DAVID CLARK
VICE MA LI A a ONROE
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UN ILMAN JOSEPH RUSSO
CgUNCILMAN ERIC JABLIN �
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COUNCILWOMAN LAUREN FURTADO
ATTEST:
LINDA V KOSIER, CITY CLERK
FORM
8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY,
MUNICIPAL,
AND OTHER LOCAL PUBLIC OFFICERS
I AS1 NAMI I IRS I \NMI
MIDDII NAME
NA f OF WARD. COU 'CIV. COMMISSION. AUI11ORIIY,ORC'OMM1111.E
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WHICH 1 SERVE IS A UNII OF:
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C17Y O COUNTY O OTHER LOCAL AGENCY
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COUNTY
NAME OF POLITICAI. SUBDIVISION:
DATE ON WHICH v01F. OC'CURRFD
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MY F16SITION IS:
ELECTIVE O APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes.
tbur responsibilities under the law' when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing ,he roerse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective count-', municipal, or other local public office MUST ABSTAIN from %'otinY on a measure which inures
to his special private gain. Each local officer also is prohibited from knox%'ingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by %hom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN b\ publicly stating to the assembly the nature of dour interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making am' attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO `LAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
• You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form should be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
C F l-ORM .H ' if 7AGE
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
* You should disclose orally the nature of your conflict in the measure before participating.
You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1. ���� %%74d1✓/�f/� ,hereby disclose that on 7 19 n1 s
(a) A measure came or will come before my agency which (check one)
_ inured to my special private gain, or
inured to the special gain of :R&--0C/
44�" /J' /b6l� &X472rL by whom t am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
Date Filed
'gnature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRINIAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM 88.1-91 PAGE 2