HomeMy WebLinkAboutMinutes Council 051994CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
May 19, 1994
The Regular Meeting of the City Council of the
City of Palm Beach Gardens, Florida, was
called to order by Mayor Clark at 7:37 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,
Councilman Russo, and Councilwoman Furtado.
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Councilman Jablin arrived at 7:38 P.M.
ANNOUNCEMENTS Mayor Clark stated the announcements were as
posted on the City's Bulletin Boards.
ITEMS BY MAYOR
AND CITY COUNCIL
COUNCILWOMAN
FURTADO Councilwoman Furtado reported she had attended
an MPO meeting where double tracking of the p
CSX tracks along the FEC tracks had been
discussed, setting a goal of a 15- minute
headway (to be improved from the current 60-
minute headway) to encourage use of the
trains; and reported completion of the
railroad station that will be near the VA
Hospital was expected when the hospital was
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opened between January and May, 1995. FDOT
made a presentation regarding industrial
freight access on the rail lines that was
being improved, which was necessary since the
application was pending for a foreign trade
zone at PBIA. The Blue Heron Boulevard and
Military Trail expansion to six -lane traffic
was behind schedule, and MPO's goal for the
Palm Beach County long range transportation
plan was to work with the County so
representatives from all municipalities would
be represented and be aware of the whole
concept. Councilwoman Furtado announced the
Palm Beach Gardens High School would present
the School Improvement Plan to the Public on
May 23 at 7:00 P.M. After discussion
regarding information Councilwoman Furtado had
learned regarding plans to bus schoolchildren
from the planned MI Homes Community on Central
Boulevard to various schools even though the
local school had not met its student capacity
and was racially balanced, it was the
consensus of the City Council for the City
Manager to write a letter to the School Board
requesting they verify whether the information
l and numbers were correct and if so, to
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reconsider their decision. It was suggested
MI Homes be contacted so they could notify
prospective buyers that there was the
possibility their children would not attend
the neighborhood schools, and for the City
Manager to arrange a meeting with School Board
officials to discuss future plans.
Councilwoman F'urtado congratulated Police
Officer Betcha and the Community Policing
Unit on their outstanding Explorers program.
VICE MAYOR MONROE Vice Mayor Monroe expressed concern with
insufficient lead time provided for council
members representing the City on such boards
as MPO, Municipal League and the Loxahatchee
Council of Governments to digest information
to make a decision which would represent the
concensus of the City Council when a vote was
required by Council Members. It was the
consensus of the City Council for the City
Manager to notify the Municipal League Board
of Directors requesting they provide the City
with their agenda by the Tuesday prior to the
meeting night, and to request the Municipal
League write a letter to the Chair of the
Board of County Commissioners requesting
distribution of information to all the local
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CITY COUNCIL REGULAR MEETING, 5/19/94 PAGE 4
municipalities simultaneously with
distribution to the Municipal League when
municipal opinion is required; and, to write a
letter to the MPO requesting earlier receipt
of backup material.
COUNCILMAN RUSSO Councilman Russo stated Palm Beach County had
adopted a swimming pool ordinance containing
some good safety measures, and requested staff
obtain a copy for comparison to the City of
Palm Beach Gardens' ordinance. Councilman
Russo asked to be updated on the Wellfield
Protection Ordinance, and requested a
representative from staff attend the Palm
Beach County ALS transport meeting May 31 at 2
P.M. Councilman Russo also reported he had
attended the Recreation Advisory Board meeting
and advised the Board they would receive a
report on the visioning workshop. Councilman
Russo requested the City Attorney provide
information regarding the landmark decision
that deems it unconstitutional for people to
have to take their garbage to a single
location, and suggested the longer the City
waited to go out for bids on solid waste the
more they limited the number of bids.
COUNCILMAN JABLIN Councilman Jablin reported he had received a
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CITY COUNCIL REGULAR MEETING, 5/19/94
PAGE 5
copy of a letter from the Juno Civic
Association regarding the proposed fishing
pier in Juno, and requested the County be
invited to provide a presentation on the pier.
MAYOR CLARK Mayor Clark reported he was present at a
presentation of the proposed Riviera Beach
Convention Center at the Loxahatchee Council
of Governments meeting, and the presentation
would be made to the City Council at the next
meeting. Also, a presentation of Palm Beach
County's plans for hurricane preparedness
would be presented at the next Loxahatchee
Council of Government meeting, and the COG had
requested that appropriate staff members
attend.
COMMENTS FROM THE PUBLIC
SUSAN WOOD Susan Wood of 522 5th Court spoke expressing
appreciation for the new short cut to the post
office. She requested city limits signs be
erected to identify the city's boundaries.
CONSENT AGENDA: Vice Mayor Monroe made a motion to approve the
Consent Agenda, seconded by Councilman Jablin.
The motion was approved to adopt the following
items on the Consent Agenda by 5--0.
CITY COUNCIL REGULAR MEETING, 5/19/94 PAGE 6
1. Approval of 4/28/94 City Council Workshop
Minutes.
2. Approval of 5/5/94 City Council Regular
Meeting Minutes.
3. Resolution 36, 1994- Authorizing the
Mayor and City Clerk to enter into a
Master Interlocal Agreement between the
City and Palm Beach County School Board
re: Use of Facilities.
4. Resolution 44, 1994 - Authorizing Mayor
to enter into an Agreement with the Lake
Catherine POA re: uniform traffic
control.
5. Resolution 48, 1994 - Supporting the
efforts of "Save the Old Courthouse,
Inc." in obtaining State Historical
Preservation Matching Grant Funds.
6. Resolution 50A, 1994- Authorizing staff
to submit applications for ISTEA Grants.
7. Resolution 51, 1994 - Approval of Soverel
Harbor Temporary Landscaping.
8. Resolution 52, 1994 - Authorizing the
Mayor and City Clerk to enter into an
Addendum to Interlocal Agreement for
mutual use of recreation facilities at
Palm Beach Gardens High School.
9. Resolution 53, 1994 - Authorizing the
Mayor and City Clerk to enter into an
Addendum to Interlocal Agreement for
mutual use of recreation facilities at
H.L. Watkins and the Lake Catherine
Sports Facilities.
10. Resolution 54, 1994 - Authorizing the
Mayor and City Clerk to enter into an
Addendum to Interlocal Agreement between
the school Board and the City for William
T. Dwyer High School.
11. Resolution 55, 1994 - Authorizing the
Mayor and City Clerk to enter into an
Addendum to Interlocal Agreement between
the School Board and the City for Timber
Trace Elementary.
12. Resolution 56, 1994 - Authorizing the
Mayor and City Clerk to enter into an
Addendum to Interlocal Agreement between
the School Board and the City for Watson
B. Duncan Middle School.
13. Resolution 57, 1994 - Approving an
Agreement between Sun Terrace at Lake
Catherine HOA re: uniform traffic
control.
CITY COUNCIL REGULAR MEETING, 5/19/94 PAGE 7
14. Resolution 58, 1994 - Approving an
Agreement between Oaks East HOA re:
uniform traffic control.
PUBLIC HEARINGS
ORDINANCE 1. 1994 Mayor Clark declared the Public Hearing open,
which was duly advertised 3/23/94 for 4/7/94;
recessed from the Regular Meeting of 4/7/94
and 4/21/94; and held on the intent of
Ordinance 1, 1994, Amending Chapter 159 of the
Palm Beach Gardens Code creating Section
159.065 entitled "Covered Parking Structures ".
Staff reported guidelines for setbacks had
been modified; the location should be at rear
of property if possible, and the maximum lot
coverage for covered parking structures had
been reduced from 10% to 5 %. Leonard Tolka,
Structural Engineer representing LTL
Associates and Florida Fabric Awning
Association, stated the frame for the covered
parking structures at the Harbour Shops would
be designed to match the wind load
requirements of the Standard Building Code,
and the 17 -ounce reinforced vinyl material
covering the structure would withstand full
wind load unless penetrated by a foreign
object such as a piece of tile, etc. It was
the consensus of the City Council to amend
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CITY COUNCIL REGULAR MEETING, 5/19/94 PAGE 8
Ordinance 1, 1994 as follows: on page 2,
paragraph 3, line 3, remove "wherever
possible ", start the sentence with "The
covered parking.. ", at the end of the sentence
add "unless otherwise approved by the City
Council." There being no comments from the
public, Mayor Clark declared the Public
Hearing closed. Motion was made by Vice Mayor
Monroe to approve Ordinance 1, 1994, as
amended and to place on second reading.
Motion was seconded by Councilman Russo. Per
a unanimous vote of the City Council,
Ordinance 1, 1994 was adopted and read by the
Deputy City Clerk, on second reading.
RESOLUTIONS
RESOLUTION 40, 1994 Vice Mayor made a motion to approve Resolution
40, 1994, Approval of Covered Parking for The
Harbour Shoppes. Councilwoman Furtado
seconded the motion, which carried by a vote
of 5 -0.
RESOLUTION 41, 1994 Motion was made by Councilman Russo to approve
Resolution 41, 1994, Minor Amendment to Palm
Beach Gardens Business Park re: Site Plan.
Motion was seconded by Vice Mayor Monroe and
carried by a vote of 5 -0.
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ORDINANCES
ORDINANCE 9, 1994 Mayor Clark opened the Public Hearing, which
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CITY COUNCIL REGULAR MEETING, 5/19/94 PAGE 9
was duly advertised 5/4/94 and 5/12/94 and
held on the intent of Ordinance 9, 1994,
Amending the Comprehensive Land Use Plan /Map
of the City by amending the Future Land Use
Element's Development Standards Policies
1.1.5(a).1 - 1.1.5.2.(a); Recreation and Open
space and capital Improvements Elements;
Intergovernmental Coordination Element; and,
Traffic Circulation Element. There being no
comments from the public, Mayor Clark declared
the Public Hearing closed. Motion was made by
Vice Mayor Monroe to transmit the amendments
to Ordinance 9, 1994. Motion was seconded by
Councilman Russo and passed by a vote of 5 -0.
Motion was made by Vice Mayor Monroe, and
seconded by Councilman Russo to place
Ordinance 9, 1994 on first reading. Motion
carried by a vote of 5 -0. The Deputy City
Clerk read, on first reading, Ordinance 9,
1994.
ORDINANCE 10, 1994 Rich Walton presented a summary of the
proposed PUD to be known as Northlake Medical
Office, and stated that the monument sign
requested did not meet code setbacks because
of lack of road frontage, however, the
petitioner had been very cooperative in
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CITY COUNCIL REGULAR MEETING, 5/19/94
PAGE 10
complying with the conditions imposed by the
Planning and Zoning Commission, and had 1901
landscaping points which exceeded the minimum
number required of 1360. It was the consensus
of the City Council that an expiration date
for the PUD be inserted prior to second
reading. Vice Mayor Monroe made a motion that
Ordinance 10, 1994, be placed on first reading
by title only. Motion was seconded by
Councilman Russo and unanimously carried. The
Deputy City Clerk read, on first reading,
Ordinance 10, 1994.
ORDINANCE 11, 1994 Motion was made by Vice Mayor Monroe that
Ordinance 11, 1994, be placed on first reading
by title only. Motion was seconded by
Councilman Jablin and passed by a vote of 4 -0.
The Deputy City Clerk read, on first reading,
Ordinance 11, 1994, an Ordinance of the City
of Palm Beach Gardens, Florida, providing for
a two (2) year time extension for the issuance
of all building permits for the Admiralty II
Planned Unit Development.
ORDINANCE 12, 1994 staff reported changes had been made as to
expiration date, and conditions 5 and 7 since
the last discussion of this Ordinance. Motion
was made by Vice Mayor Monroe to place
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Ordinance 12, 1994 on first reading. Motion
was seconded by Councilwoman Furtado and
carried by a vote of 4 -0. The Deputy City
Clerk read, on first reading, Ordinance 12,
1994, an ordinance of the City of Palm Beach
Gardens, Florida, providing for a time
extension for the issuance of all building
permits for the Oakbrook Corporate Center
Planned Unit Development, f /k /a The Financial
Center PUD.
ITEMS BY CITY
MANAGER City Manager Herakovich reported the Municipal
Pool had been closed to repair leaking pipes,
l for a cost of approximately $6,000, and
hopefully would be open for Memorial Day
weekend; the Weiss Group had agreed to provide p
the City of Palm Beach Gardens space for a f
training facility for police, fire, and any
other department for $1.00 per year and the
cost of utilities for the next three years; a
mock drowning demonstration would be conducted
by EMS the following morning at Lake
Catherine; the City Council Visioning Workshop
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would be held May 21st; and, the Merit Board
had unanimously sustained the termination of
former Police Captains Carpenter and Natoli.
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CITY COUNCIL REGULAR MEETING, 5/19/94 PAGE 12
Responding to Councilman Jablin's question,
City Manager Herakovich stated the Education
Committee would be on the agenda for a
workshop in June.
CCITY ATTORNEY City Attorney Baird reported the complaint
filed by Ms. DeLuca regarding the golf course
concession had been dismissed; however, the
judge had given Counsel until 5 P.M., Monday,
May 23, to file an amendment to the complaint.
The City Attorney stated he felt the City was
in a very good position in regard to this
case.
ITEMS FOR COUNCIL ACTION
RESOLUTION 92, 1993 Rich Walton provided background for the City
Council on the matter of consideration to
waive Resolution 92, 1993, processing PUD and
PCD applications simultaneously. It was the
consensus of the City Council to place a
Resolution on the Consent Agenda at the next
Regular Council Meeting to amend Resolution
92, 1993, re: withdrawing an exception for
DRI's.
AUTHORIZATION TO
PURCHASE EMS EOUIPMENT
Chris Brown, EMS Supervisor, requested
authorization for the purchase of ERG Monitor
CITY COUNCIL REGULAR MEETING, 5/19/94 PAGE 13
Defibrillators for the new Fire Medic
vehicles. Motion was made by Councilman Russo
to authorize the purchase of the EKG Monitor
Defibrillators as requested. Motion was
seconded by Councilman Jablin. Motion carried
by a vote of 5 -0.
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CITY COUNCIL REGULAR MEETING, 5/19194
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'ADJOURNMENT There being no further business to discuss, motion was made by
Vice Mayor Monroe, seconded by Councilman Jablin to adjourn
the meeting at 9:30 P.M.
$EPROVAL
MAYOR DAVID CLARK
VICE MAYOR LINDA M NROE
COIL AN- JOSEPH RUSSO
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COUNCILMAN ERIC p! ,)i'
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COUNCILWOMAN LAUREN FURTADO
ATTEST:
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M7 M. RIEF, DEPUTY CITY CLERK