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HomeMy WebLinkAboutMinutes Council 042095CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS APRIL 20, 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. ROLL CALL The Deputy City Clerk called the roll and present were Mayor Russo, Vice Mayor Furtado, Councilwoman Monroe, Councilman Jablm and Councilman Clark. Mayor Russo called for a moment of silence for the bombing victims in Oklahoma City, ANNOUNCEMENTS Mayor Russo stated that the announcements were as posted on the City's Bulletin Boards. PRESENTATIONS: CAREN HACKMAN Mayor Russo presented an award to Caren Hackman, Gardens Art Coordinator, for her outstanding work on behalf of the City. Ms. Hackman gave the city a work of art. ITEMS BY MAYOR AND CITY COUNCIL: VICE MAYOR FURTADO Vice Mayor Furtado urged everyone to visit the Ornstein art gallery. The Vice Mayor provided copies to staff of work program schedules from the MPO which included time lines for all their projects. CITY COUNCIL REGULAR MEETING, 4/20/95 PAGE 2 MAYOR RUSSO Mayor Russo reported that the Wackenhut luncheon had been well attended and that Mr. Wackenhut had explained the many facets of the company. Mayor Russo commented he believed that Wackenhut would become the kick —off for the Northcorp Center and for the whole north county. At the Municipal League meeting discussion of funding for the port and its benefit to the county as well as the local cities had been discussed. Mayor Russo reported he had attended a Mayor's Ball sponsored by the Greater Riviera Beach Jaycees, which he highly recommended that next year's mayor attend. COMMENTS FROM THE PUBLIC DONALD PERLIN Mr. Perlin, Executive Vice President of Miami Subs, stated their restaurant in Palm Beach Gardens was failing and believed that it was because it could not be seen, since the neon signs that were in the window had to be removed to comply with the City's sign code. Mayor Russo advised that this was not the proper forum for a formal presentation. Vice Mayor Furtado stated that the original sign package approved for Miami Subs would be applicable, and that customers would find a restaurant with good food. Councilman Jablin's comments included the fact that when the road was completed and when the Target store opened that Miami Subs' business would increase again. Councilwoman Monroe reported the task force which had studied problems in the community before formation and adoption of the sign code had not singled out that area of the City for special treatment. Mr. Perlin was advised to contact Building Official Hanson for CITY COUNCIL REGULAR MEETING, 4/20/95 CONSENT AGENDA: RESOLUTIONS: RESOLUTION 52, 1995 PAGE 3 alternative types of lighting. Vice Mayor Furtado made a motion to approve the Consent Agenda as submitted. Councilman Clark seconded the motion. The motion carried unanimously. The following items were approved on the Consent Agenda: 1. Approval of Minutes of 3/16/95 City Council Regular Meeting. 2. Approval of Minutes of 3/23/95 City Council Workshop Meeting. 3. Approval of Minutes of 3/30/95 City Council Workshop Meeting. 4. Proclaiming April 26, 1995 as 'Barth Day 1995 ". 5 Resolution 49, 1995 - Consideration of Approval of Interlocal Agreement re: Local Option Gas Tax. 6. Resolution 50, 1995 - Consideration of Acceptance of a portion of Gibson Road. 7. Resolution 51, 1995 - Consideration of Acceptance of a portion of Prosperity Oaks Court. 8. Resolution 53, 1995 - Consideration of Approval of Amendment #1 to Interlocal Agreement between the County and the City re: Local Option Gas Tax dated August, 1993. Resolution 52,1995- Consideration of Appointments to the Education Advisory Board. Councilman Jablin reported that the Advisory Board had been meeting once a month with guest speakers which had included Police Chief FitzGerald and Dr. Boyle who worked with alternative education. Councilman Jabtin CITY COUNCIL REGULAR MEETING, 4/20/95 nanF a recommended that the three people on the list who had been working with the Advisory Board for several months be appointed to the Board. Vice Mayor Furtado suggested Scott Blake. Councilman Jablin suggested someone connected with the Chamber of Commerce be appointed, but did not yet have a name for submittal. It was the consensus of the City Council to appoint four board members at this meeting and to delay appointment of the fifth member until a Chamber of Commerce representative could be found. Motion was made by Vice Mayor Furtado to approve Resolution 52, 1995 with the names of Wendy Werb, Stasia Datchko, and Henriette Lemon, and Scott Blake inserted in the blanks. Motion was seconded by Councilwoman Monroe and unanimously passed. RESOLUTION 54, 1995 After discussion, motion was made by Vice Mayor Furtado to approve Resolution 54, 1995 - Consideration of appointment to the Code Enforcement Board to complete the term of Otto Rudley, which expires 3/5/96, with the name of George Richettelli inserted in the blank. PUBLIC HEARINGS: RESOLUTION 36, 1995 A request from Sara Lockhart of Urban Design Studio to continue the Public Hearing for Resolution 36, 1995 to May 4, 1995 was discussed. Planning and Zoning Director Rich Walton requested that the Public Hearing be continued until the following meeting to allow staff sufficient time to finish their work. Mayor Russo declared the Public Hearing open, which was held on the intent of Resolution 36, 1995, Consideration of Amendment to the Frenchman's Creek CITY COUNCIL REGULAR MEETING, 4/20/95 DRI Development Order. PAGE 5 RAYMOND ROYCE Attorney Raymond Royce requested that the continuation be granted as suggested by Director Walton. ADOLPH LOVLER Mr. Lovler expressed that his understanding of the reason for the continuation request was to present plans for sound barriers to the residents; however, Mr. Lovler stated he did not believe that would resolve the issue of traffic and additional boats, etc. After direction from Mayor Russo and City Attorney Baird that comments should be directed to the matter of continuation, Mr. Lovlet questioned why the request had been made. Mayor Russo read a portion of the letter from Sara Lockart which stated, "..one meeting with the residents has been held; however, Mr. Appleton and Mr. Lookner were not in attendance. They would very much appreciate the opportunity to meet with the residents." Mr. Lovler's comment was he believed that this was only a delaying tactic, and he objected to the delay. Councilwoman Monroe questioned whether there was any practical reason for Mr. Lovler's objection, such as residents being out of town on the proposed continuation date, to which Mr. Lovler responded that he did not know, but that he would make every effort to attend. Mayor Russo commented that the City Council did not yet know the legal requirements on which their decision must be based and would prefer that a compromise be reached if possible before their decision must be made. Councilwoman Monroe explained that a second continuance if requested by the developer would not be agreeable CITY COUNCIL REGULAR MEETING, 4/20/95 PAGE 6 to her. Mayor Russo verified with the City Manager that there was a process by which Mr. Lovler and his neighbors would be notified of the continuance. Motion was made by Vice Mayor Furtado to continue the Public Hearing on Resolution 36, 1995 to a date certain of May 18, 1995 at approximately 7:30 P.M. Motion was seconded by Councilman Jablin and unanimously carried. RESOLUTION 37, 1995 Mayor Russo stated that a request from Sara Lockhart of Urban Design Studio to continue the Public Hearing for Resolution 37, 1995 had also been received and verified with Attorney Royce and Mr. Lovler that their comments were the same as made to Resolution 36,1995. Motion was made by Vice Mayor Furtado to continue the Public Hearing on Resolution 36, 1995 to a date certain of May 18, 1995 at approximately 7:30 P.M. Motion was seconded by Councilman Jablin and unanimously carried. ORDINANCE 5, 1995 City Manager Herakovich explained that this amendment to the Landscape Code would consider each violation of hatracking as separate in regard to imposition of a fine rather than imposition of a cumulative fine if more than one tree were hatracked. Mayor Russo declared the Public Hearing open, which was duly advertised 4/5/95 and held on the intent of Ordinance 5, 1995, Amending Chapter 153 (Landscape Code) of the Code of Ordinances. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Vice Mayor Furtado made a motion to approve Ordinance 5, 1995 for consideration of second reading and adoption. Motion was seconded by CITY COUNCIL REGULAR MEETING, 4/20/95 PAGE 7 Councilman Jablin and unanimously carried. The Deputy City Clerk read, on second reading, Ordinance 5, 1995. ITEMS FOR COUNCii, ACTION: OLYMPIC RUN Assistant City Manager Greg Dunham reviewed the special event application for the Olympic Run. Arch Delmarsh, representative for PGA National, explained the event would benefit both the Olympic Run Committee and the Palm Beach Sports Authority. City Manager Herakovich commented that staff recommended approval subject to receipt of all necessary documents. Motion was made by Councilman Clark to approve the special event request subject to the recommendation by staff. Motion was seconded by Councilman Jablin and unanimously carried. ITEMS FOR DISCUSSION: COMPREHENSIVE PLAN AMENDMENT UPDATE City Planner Kim Glas— Castro explained that recommendations had been made by the Planning and Zoning Commission when they considered the amendment items for land use purposes. Councilwoman Monroe questioned procedure since the City Council had already made a decision; City Attorney Baird explained that if Planning and Zoning Commission recommendations were desired that the City Council should appoint that Commission as the LPA. The City Council invited Planner Glas — Castro to review the recommendations of the Planning and Zoning Commission. Planner Glas— Castro explained that in regard to the Campbell Property, that the Planning and Zoning Commission had recommended that CITY COUNCIL REGULAR MEETING, 4/20/95 PAGE 8 since this would be the next parcel to be developed along Northlake Boulevard after PGA National because all land in between the two would be County preservation area that there should not be a hold on the timing for this development. Consensus of the City Council was not to change their original decision. In regard to the existing DiVosta office building at the corner of Military Trail and PGA Boulevard, the Planning and Zoning Commission had recommended that the Commercial zoning be retained. After discussion, Attorney for DiVosta and Company, Bill Shannon explained that the PUD had flexibility under the original CG land use granted which the property owner had relied upon, and requested that the Commercial zoning be retained. After further discussion, it was the consensus of the City Council to retain the Commercial zoning since safeguards existed to prevent unwanted future commercial establishments. NORTHLAKE BOULEVARD LIGHTING After discussion, it was the consensus of the City Council that staff send a letter to any of the appropriate developments along Northlake Boulevard stating the deadline for participation in funding of the light poles so that they could participate if they desired. CITY MANAGER REPORT The City Manager reported that staff was working around the clock with Catalfumo to get the Wackenhut building underway and explained that surety concerns must be addressed. The City Manager reported that the School Board had amended the Interlocal Agreement which would allow installation of shut- CITY COUNCIL REGULAR MEETING, 4/20/95 PAGE 9 off systems for the tennis courts so that they could remain open to the public, that the high school softball field would be moved from Gardens Park to the high school who would fund the improvements for that field, and that the City would still host high school baseball and would move that activity to Plant Drive Park, which would open up a badly needed field. City Manager Herakovich reported that agreement had been reached with the Abacoa developer to include traffic count reporting as a part of the development order. The City Manager announced that the April 27 City Council Workshop meeting would include an overview provided by the Blue Ribbon Committee for the Evaluation and Review Committee of their future plans; discussion of municipal and recreation needs; discussion of a meeting with County staff regarding placement of a future nature center in Frenchman's Forest; the Westwood Lakes drainage issue; and discussion of changing roadways from County to City designations. The City Manager reported that staff was working to repair the Riverside irrigation pump as well as the others in the City which were not working. The City Manager requested that any further information regarding the Police Department that was desired be submitted in writing, and read for the record from the accreditation for the Police Department an excerpt which included the following: "The team found Palm Beach Gardens' Police Department to be a professional, well —run organization. With the exception of the cramped and limited facilities, the assessors were impressed with the entire product in Palm Beach Gardens - -this CITY COUNCIL REGULAR MEETING, 4/20/95 PA( F. 10 includes equipment, training, education, and professionalism. There is a commitment that you could feel toward the community, law enforcement, the department, and accreditation. Assessors could perceive the agency was in harmony..—The respect that the police officers have to the Chief is really apparent ....The Palm Beach Gardens Police Department is as good as the best in any part of the United States." The City Manager recommended that during review of the EAR process that organizational items be considered for both the Police and Fire departments. Mayor Russo stated that he would like to see some type of evaluation process initiated to forestall problems becoming too large to overcome, for example, the Audit Report had noted that personnel records were not kept in proper order, and the Mayor proposed that an evaluation process for everything needed to be in place. Mayor Russo requested that the time of the last evaluation of the City Manager be researched to see whether it was time for another evaluation. In regard to employee evaluations, Vice Mayor Furtado commented that after the probationary period that an evaluation was done only once each year; and expressed her belief that evaluations should be done more often in all departments to forestall problems that might escalate within the Period of a year. Councilmember Monroe stated if a supervisor had let a problem escalate over a year then his supervisor should not have tolerated that; and pointed out that since performance evaluations were extremely time — consuming and that some productivity would be lost with more frequent CITY COUNCIL REGULAR MEETING, 4/20/95 PAGE 11 evaluations, that supervisors should receive training in holding employee conferences when necessary for discipline and encouragement. Vice Mayor Furtado suggested this item be seriously considered with input from the Merit Board, and be scheduled for a City Council workshop. AUDIT REPORT Ms. Debra Diaz, partner with the firm of Haas, Diaz & Company, reviewed the CITY ATTORNEY REPORT format changes in the 1994 Comprehensive Annual Financial Report Financial. Mr. Chuck Haas reviewed highlights presented in a financial brochure which outlined trends and financial indicators of interest to the City Council. Changes in the format and the general work of the audit firm were complimented by members of the City Council and the City Manager. The City Attorney reported the status of current cases. ADJOURNMENT There being no further business to discuss, motion was made by Councilwoman Monroe, seconded by Vice Mayor Furtado, and unanimously approved to adjourn the meeting at 9:30 P.M. CITY COUNCIL REGULAR MEEETING, 4/20/95 APPROVAL ' (AYOR JOE RUSSO VICE MAYOR LAUREN FURTADO COUNCILWOMAN LINDA MONROE COUNCILMAN ELJ COUNCILMAN DAVID CLARK ATTEST: `- r CINDY HARVEY, DEPUTY CITY CLERK PAGE 12