HomeMy WebLinkAboutMinutes Council 122195ROLL CALL
ANNOUNCEMENTS
CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
DECEMBER 21, 1995
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, and opened with the Pledge of
Allegiance to the Flag.
The Deputy City Clerk called the roll and present were
Mayor Russo, Vice Mayor Furtado, Councilman Jablin,
and Councilman Clark. Councilwoman Monroe was absent
from the meeting due to illness.
Mayor Russo stated that the announcements were as
posted on the City's bulletin boards. Mayor Russo
announced that the presentation scheduled for this
meeting on the North County Planning Forum
Recommendations would be rescheduled due to the
illness of Councilwoman Linda Monroe.
AWARDING OF BIDS
MOWER City Manager Herakovich reported that on November 27,
1995 staff had opened and reviewed bids received for
the purchase of a three deck rotary finish mower, duly
advertised October 30, 1995. Staff recommended the
bid be awarded to Turner Outdoor Equipment, low
bidder, for the amount of $8,999.00. Councilman Clark
CITY COUNCIL REGULAR MEETING, 12/21/95
made a motion to approve the staff recommendation.
Vice Mayor Furtado seconded the motion, which carried
by unanimous 4 -0 vote.
PRESSBOX City Manager Herakovich reported that on December 12,
1995 staff had opened and reviewed bids received for
the construction of a pressbox for Plant Drive Park,
duly advertised November 20, 1995. Staff recommended
the bid be awarded to Richard Hanna, Building
Contractor, low bidder, for the amount of $13,258.70.
Vice Mayor Furtado made a motion to approve the
staff recommendation. Councilman Jablin seconded the
motion, which carried by unanimous 4 -0 vote.
PGA PARK LIGHTS City Manager Herakovich reported that staff had
reviewed bids received for lighting one ballfield at
PGA Park. Staff recommended the bid be awarded to
American Lighting Maintenance, Inc., to be piggybacked
onto a contract for the City of Riviera Beach in the
total amount of $60,525.00 which would include
electrical engineering, structural engineering, FPL
charges for service upgrade, fixtures and electrical
equipment. Councilman Clark made a motion to
approve the staff recommendation. Vice Mayor Furtado
seconded the motion, which carried by unanimous vote
of 4 -0.
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PAGE 3
PGA PARK FENCE City Manager Herakovich reported that staff had
reviewed bids received for fencing one ballfield at
PGA Park. Staff recommended the bid be awarded to
Martin Fence Company in the amount of $18,368.05.
Vice Chair Furtado made a motion to approve the staff
recommendation. Councilman Clark seconded the motion,
which carried by unanimous vote of 4 -0.
ITEMS BY MAYOR AND
CITY COUNCIL
VICE MAYOR FURTADO Vice Mayor Furtado expressed disappointment that she
had been unable to attend the meeting regarding the
recent flood, and reported that she had received
positive calls, although the television report had not
been extremely positive. Vice Mayor Furtado stated
that she had spoken with people who attend conventions
on a regular basis, and reported on several convention
centers which had failed as well as several which had
succeeded, and the reasons for success or failure.
The Vice Mayor provided material to staff regarding
development of businesses, etc., and requested that
this be scheduled as a workshop item at the beginning
of the year.
MAYOR RUSSO The Mayor reported receipt of a letter from
Commissioner Marcus regarding the Ale House approval
and the fact she had not been notified. Mayor Russo
requested that the county Commission be provided with
CITY COUNCIL REGULAR MEETINGr 12/21/95
PAGE 4
a copy of the City Council agendas. Mayor Russo
thanked the recreation staff for the excellent
Christmas Tree Lighting Program.
CONSENT AGENDA Councilman Clark made a motion to approve the Consent
Agenda with the amendments to the minutes and
resolutions delivered to the City Council that
evening. Vice Mayor Furtado seconded the motion,
which carried by unanimous vote of 4 -0. The following
items were approved on the Consent Agenda:
1. Approval of City Council Special Regular
Meeting Minutes of 11/30/95.
2. Approval of City Council Special Regular
Meeting Minutes of 12/7/95.
3. Proclaiming January as Youth Sports Month.
4. Resolution 125, 1995 - Consideration of
Approval of a Conditional Use to allow
agricultural uses in the PDA, Planned
Development Area District.
5. Resolution 147, 1995 - Consideration of
Approval for an amendment to PGA National
Parcel M -29B, Diamond Head, re: pool /screen
setbacks on Lot 20.
6. Resolution 148, 1995 - Endorsing a policy of
zero tolerance for graffiti as requested by
the PBC Municipal League.
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PAGE 5
PUBLIC HEARINGS:
RESOLUTION , 1995 Mayor Russo declared the Public Hearing open, duly
advertised 12/6/95 and held on the intent of
Resolution 149, 1995 - Consideration of Approval of
Conditional Use in the CG -1 General Commercial
District, to provide for an 8 -bay, 5,677.5 square foot
tire and auto service center in Gardens Park Plaza.
After review of the staff report by Planning and
Zoning Director Walton, Steve Mathison, Attorney for
the applicant, commented on changes which had been
made in response to the City's concerns, and presented
tile samples for review. Vice Mayor Furtado expressed
concern for the traffic problems at that intersection
and Mr. Walton stated that he would request that the
City Engineer study the situation. It was the
consensus of the City Council that the traffic issue
must be resolved separate from this application.
Councilman Clark made a motion to approve Resolution
149, 1995. Vice Mayor Furtado seconded the motion,
which carried by unanimous vote of 4 -0.
RESOLUTIONS:
RESOLUTION 133, 1995 Consideration of Approval of Appointments of Members
to the Code Enforcement Board. After discussion, Vice
Mayor Furtado made a motion to approve Resolution 133,
1995 with the reappointment of Norma Lee Jebb and Ray
Ludwig to the Code Enforcement Board. Councilman
CITY COUNCIL REGULAR MEETING, 12/21/95 PAGE 6
Clark seconded the motion. Motion carried by
unanimous vote of 4 -0.
RESOLUTION 150, 1995 Vice Mayor Furtado made a motion to approve Resolution
150, 1995 - Consideration of Approval of a Site Plan
for Don Olson Tire & Auto Center to be located within
Gardens Park Plaza Shopping Center. Councilman Clark
seconded the motion, which carried by unanimous 4 -0
vote.
RESOLUTION 152, 1995 Planning and Zoning Director Walton reviewed the
request for Resolution 152, 1995 - Consideration of
Approval for amendment to the Canterbury /The Lakes
PUD, re: Entry Gates, Parcel M24, PGA National. Since
the applicant was not present, further consideration
of this request was tabled.
RESOLUTION 153, 1995 This item was withdrawn from the agenda.
RESOLUTION 154, 1995 City Manager Herakovich made comments in regard to
Resolution 154, 1995 - Consideration of Approval to
amend the Merit Rules & Regulations to provide for
tuition reimbursement. Changes suggested by the City
Manager were to delete the reference to a January 1
deadline each year on page one; to add language at the
top of the second page as follows: in such an instance
an employee will be reimbursed only to the amount set
forth by the State Board of Regents, and suggested
that if an employee left within one year that they
CITY COUNCIL REGULAR MEETING, 12/21/95
would pay 100% back to the City, and would sign an
agreement authorizing the City to deduct costs from
their paycheck or recover costs by whatever means
necessary. After discussion, Councilman Clark made a
motion to approve Resolution 154, 1995 with the
amendments suggested. Vice Mayor Furtado seconded the
motion, which carried by unanimous vote of 4 -0.
RESOLUTION 156, 1995 Mayor Russo requested that the City Manager poll
residents from the list received from a previous
Council Meeting who expressed their interest in
serving on the committee to determine whether they
were for or against Resolution 156, 1995 -
Consideration of Approval to Create and Appoint
Members to the RV /Boat Task Force Committee. It was
agreed to send a letter of acknowledgment in the
future to residents who submitted applications to
serve on various boards. Vice Mayor Furtado made a
motion to approve Resolution 156, 1995 without any
names inserted into the blanks at this point.
Councilman Jablin seconded the motion. During
discussion Councilman Clark suggested the following
additions: the term of office for the members shall be
for a period ending June 30, 1996 and the final report
date shall also be no later than June 30, 1996. The
motion carried by unanimous 4 -0 vote.
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T% ^w A
ORDINANCES:
ORDINANCE 29, 1995 Amending section 159.029 of the Palm Beach Gardens
Code Land Development Regulations (Effective Period of
Development Orders) . It was the consensus of the City
Council to delay workshop of this item to Second
Reading due to the absence of Councilwoman Monroe.
The City Attorney advised that first reading had been
done at an earlier date.
ITEMS FOR DISCUSSION:
BURGER KING SITE PLAR Planning and Zoning Director Walton reviewed the staff
report regarding the site plan for Shoppes on the
Green Parcel 2 - Burger King. Vice Mayor Furtado
expressed concern that the road structure was not
geared for this type of restaurant and the traffic
which it would generate. Sara Lockhart, agent for the
Petitioner, reviewed design changes which had been
made by the Petitioner to better accommodate traffic
and to soften the appearance of the restaurant, and
described the additional landscaping which was
proposed. Council members expressed concern with
traffic flow in and out of the shopping center and
stacking of cars at the drive through. Siro
DeGasperis, resident of PGA National, commented that
the residents who had left the meeting were concerned
with traffic flow and garbage generated by a fast -food
restaurant. Mr. DeGasperis offered his best wishes
CITY COUNCIL REGULAR MEETING, 12/21/95
PAGE 9
for another year of working together. Mayor Russo
expressed concern that the play area might not stay in
good condition, to which Ms. Lockhart responded that
Shoppes on the Green had a high level of maintenance.
Mayor Russo stressed that he was concerned about drive
through traffic.
RESOLUTION 152, 1995 Henry Skokowski, agent for the Petitioner, joined the
meeting and presented comments in support of
Resolution 152, 1995 - Consideration of Approval for
amendment to the Canterbury /The Lakes PUD, re: Entry
Gates, Parcel M24, PGA National, which had been tabled
earlier in the meeting, stated that the Petitioner was
attempting to provide a sense of security in this
community, and provided responses to Council members'
questions. Mayor Russo requested that proper
notification be provided to new purchasers regarding
operation of the gates. vice Mayor Furtado made a
motion to approve Resolution 152, 1995 as amended to
include language as follows: Any new properties for
sale shall include a statement of disclosure of the
method of operation of the gate. Motion was seconded
by Councilman Jablin and carried by unanimous vote of
4 -0.
CITY MANAGER REPORT
THE SANCTUARY UPDATE City Manager Herakovich reported that staff was
continuing to work with Pulte Homes, who did not wish
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PAGE 10
to begin actual restoration until their plans were
approved by the City Council at a subsequent meeting.
REFERENDUM UPDATE City Manager Herakovich reported that the Presidential
Primary would be held March 12, 1996, which would be
the same day as the City Council election; and that
she had been unable to confirm whether the 14 sales
tax would also be on the ballot on March 12. During
ensuing discussion, concern was expressed that there
would not be time to educate the public before the
March 12 date. Consensus of the City Council was to
hold the referendum in September, 1996, and to set up
a town hall meeting in January to obtain input from
the residents.
CITY MANAGER REPORT City Manager Herakovich reported that the City had
been assigned a FEMA representative to help with
applications for grants for projects which had failed
during the flood and that staff would work to provide
future mitigation plans relating to better storm
sewers, better culverts, etc. The City Manager
reported that the Flood Workshop had been held, and
that the City would be working closely with the County
to determine who should provide maintenance for
certain canals. The Holly Drive Preconstruction
meeting and the Roller Hockey Rink Pre - bidders
conference had been held, so that both those projects
CITY COUNCIL REGULAR MEETING1 12/21/95
PAGE 11
were now underway.
CITY ATTORNEY City Attorney Baird reported that a lawsuit had been
filed against the City by Cypress Hollow residents in
regard to a fence which Ballenlsles was required to
erect as a part of their PCD. The ,judge had granted
the City's motion to dismiss; however had granted
leave to amend and ordered mediation. Another lawsuit
had been filed by a probationary Fire Department
employee who believed he should have been retained by
the City, which had been forwarded to Attorney Norton,
since he had been handling collective bargaining
issues. City Attorney Baird provided an update on
ongoing cases.
ADJOURNMENT There being no further business to discuss, motion was
made by Vice Mayor Furtado, seconded by Councilman
Jablin, and unanimously approved to adjourn the
meeting at 9:21 P.M.
CITY COUNCIL REGULAR NEETING, 12/21/95
i
APPROVAL
OR JOE RUSSO
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COUNCILWOMAN LINDA MONROE
COUNCILMAN ERI J LIN
COUNCILMAN DAVID CLARK
ATTEST;
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CINDY HARVEY, DEPUTY CITY CLERK
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