HomeMy WebLinkAboutMinutes Council 020394M
CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
FEBRUARY 3, 1994
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 City Clerk called the roll and present were Mayor
Russo, Vice Mayor Monroe, Councilwoman Furtado, and
Councilman Clark. Councilman Jablin arrived at 7:40 P.M.
ANNOUNCEMENTS Mayor Russo stated the announcements were as posted on
the City's Bulletin Boards.
COMMENTS FROM THE PUBLIC:
Milton Stern Milton Stern stated the North County Airport would hold
a 4 -day opening ceremony which would include a press
meeting on April 21, an Open House on April 22, and an
air show on April 23 and 24. Mr. Stern voiced concern
that in the future the airport could become lax in
adhering to required specifications, therefore two pilots
have been appointed to the airport board who have agreed
to observe the airport on a regular basis. Vice Mayor
Monroe assured Mr. Stern the airport would be monitored
CONSENT AGENDA
Resolution 8, 1994
for compliance to specifications under the Development of
Regional Impact (DRI) process which Palm Beach County has
in place under the supervision of Kathy Noble. Mayor
Russo stated the airport regulations are specified by the
DRI and cannot be changed without approval by the County
Commission and the City Council to amend the DRI.
It was the consensus of the City Council that Resolution
8, 1994, be pulled from the consent agenda. A motion was
made by Councilwoman Furtado, seconded by Vice Mayor
Monroe to approve Consent Agenda without Resolution 8,
1994. Motion passed 5 -0.
It was the consensus of the City Council to add the
following amendments to Resolution 8, 1994, which were
read into the record by City Attorney Baird. In
Paragraph 4 regarding the potential for vegetation
expiring, a sentence would be added to read: "If at any
time prior to the establishment of the planted areas any
vegetation expires, this vegetation shall be replaced at
the applicant's expense and maintained by the applicant
until it is established." Add a paragraph number seven
"Any trees exceeding 15 feet, and 3 inches in caliper
shall not be removed." In paragraph 4 delete "prior to
the occupancy of the theater" and replace with "prior to
the activation or electrification of the sign." Vice
Mayor Monroe requested the word "where" be added in
Section 3, second sentence after the word "event ".
Councilman Clark made a motion to approve Resolution 8,
CITY COUNCIL REGULAR MEETING, 2/3/94
1994 with the amendments as stated, seconded by
Councilman Jablin. Vice Mayor Monroe stated her reasons
for voting for this Resolution which would be an
exception to the sign code were because the college is a
public institution; there would be events that would
change more frequently than weekly and could not be
advertised in a newspaper in time to announce them; and
the college is a non - profit organization. Motion passed
6 =4jq
PUBLIC HEARINGS
ORDINANCE 24, 1993 Mayor Russo declared the Public Hearing open, which was
duly advertised 1/19/94 and held on the intent of
Ordinance 24, 1993, Assigning the Zoning Classification
Residential Single- Family (RS -1) to a parcel of land
located at the northwest corner of the intersection of
Florida's Turnpike and Beeline Highway. There being no
comments from the public, Mayor Russo declared the Public
Hearing closed. Vice Mayor Monroe made a motion that
Ordinance 24, 1993, be placed by title only on second and
final reading. Motion was seconded by Councilman Clark.
Per a unanimous vote by the City Council, the City Clerk
read Ordinance 24, 1993, by title only, on second and
final reading. Vice Mayor Monroe made a motion to
approve adoption of Ordinance 24, 1993, seconded by
Councilman Clark. Motion passed 5 -0.
CITY COUNCIL REGULAR MEETING, 213194 PAGE 4
RESOLUTION 3, 1994 Vice Mayor Monroe made a motion to approve adoption of
Resolution 3, 1994, approving the conditional use of a
parcel of land located at the northwest corner of
Florida's Turnpike and Beeline Highway for a utility
regenerator building, seconded by Councilwoman Furtado,
and unanimously approved.
RESOLUTION 9, 1994 Rich Walton stated staff continued to recommend approval
of Resolution 9, 1994, Approval of Reinstatement of the
Gardens East PUD, as proposed and stated the petitioner
had agreed to all conditions as proposed except two,
conditions numbered 4 and 9. During discussion, Vice
Mayor Monroe stated for the record "the understanding
is: that commence development is per the plans such as
the foundations and footers and getting them inspected."
Steve Mathison, attorney for the petitioner, stated in
regard to Condition number 9 for the record that "Tower
Entry feature will be constructed as a part of the
construction of these outparcels ". After discussion it
was the consensus of the City Council to make the
following changes to the resolution: Changes to Section
1 were read by City Manager Herakovich as follows:
Insert a sentence before the last sentence to read "Prior
to the expiration of the reinstated PUD the developer may
apply for an extension of 1 additional year for good
cause shown." Changes to Paragraphs 4, 5, 7, 8, and 9
CITY COUNCIL REGULAR MEETING, 2/3/94 PAGE 5
were read by City Attorney Baird as follows: Paragraph
4, last sentence shall be: The 25 -foot buffer adjacent
to Alternate AlA shall be completed by March 31, 1994."
Paragraph 5, first sentence, delete the word "should" and
replace with "shall ". Paragraph 5, last sentence: add
the words "in perpetuity" after the last word in the
sentence, which is "irrigation." Paragraph 7, first
sentence, delete the word "should" and replace with
"shall ". Paragraph 8, delete the word "substantially ".
Paragraph 9, move the word "substantially" and insert it
after the word "completed" and before the word "in ".
Motion was made by Councilman Clark, seconded by
Councilwoman Furtado to approve Resolution 9, 1994, with
the changes to Section 1 as read by the City Manager and
the changes to Paragraphs 4, 5, 7, 8, and 9 as read by
the City Attorney. Motion passed 5 -0.
RESOLUTION 10, 1994 After discussion, it was the consensus of the City
Council to approve Resolution 10, 1994, Approval of Kenny
Rogers Restaurant PUD. Councilman Clark made a motion to
approve Resolution 10, 1994, seconded by Councilman
Jablin and unanimously carried.
RESOLUTION 12, 1994 Resolution 12, 1994, Opposing House of Representatives
Bill 3191 and Senate Bill 1405 regarding the National
Flood Insurance Reform Act of 1993 as they are currently
worded and recommending revisions thereto. Councilman
Clark and Vice Mayor Monroe remained opposed to the
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CITY COUNCIL REGULAR MEETING, 2/3/94
PAGE 6
resolution as presented. Mayor Russo called for a vote
to approve Resolution 12, 1994, which passed 3 -2.
RESOLUTION 17, 1994 Resolution 17, 1994, Awarding a bid for the roof repairs
of the City's Community Center as advertised and opened
and read at the Regular Meeting of 1/20/94. It was the
consensus of the City Council to accept the
recommendation by Staff to award the bid to ThermaSeal
Roofs, Inc. instead of to the low bidder. The low bidder
had found after his bid was submitted that he had omitted
a portion of the work required and asked to resubmit his
bid at a higher amount, which procedure was outside the
bid process and therefore could not be accepted. The
other bidder that submitted a lower bid than ThermaSeal
Roofs, Inc. was not a local firm; therefore, because of
coordination problems, the need to repair the roof while
events would be going on, safety to the public, as well
as extensive crane work involved, recommendation by staff
was to accept a local firm that was based ten minutes
from the job which would save more than the $2,388
difference in the two bids. City Attorney Baird stated
that these reasons were sufficient to award the bid to a
bidder that was not the low bidder. City Manager
Herakovich stated that the source of funds for the air
conditioning portion of the job would be researched by
staff and placed on the agenda for the next City Council
meeting. Motion was made by Vice Mayor Monroe, seconded
CITY COUNCIL REGULAR MEETING, 2/3/94
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by Councilwoman Furtado, to insert ThermaSeal Roofing,
Inc. into the first blank and the amount of $124,888 into
the second blank, with $100,000 to come from the 1993
budgeted amount for encumbered funds, and the $24,888 to
come from 1994 council contingency fund. Motion passed
4 =IZ
ORDINANCE 1, 1994 It was the consensus of the City Council that first
reading of Ordinance 1, 1994, Amending Chapter 159 of the
Palm Beach Gardens Code by the creation of Section
159.065, be rescheduled so that further research could be
conducted before guidelines were established. Staff was
directed to consult experts who sell and install awnings
for information such as resistence to fading, wind
resistence, etc.
ITEMS BY
CITY MANAGER
City Manager Herakavich reported staff had met with
Gardens of Woodberry residents and reviewed the Northern
Palm Beach Water Control District Landscaping Plan. She
stated that residents' concerns regarding the proposed
wall along PGA Boulevard would be brought before the
Water Control District; and at a homeowners association
meeting scheduled for approximately two weeks from now
residents will discuss means of funding the wall. City
Manager Herakovich reported the audit has been completed
with the exception of the Police Pension Fund and will be
CITY COUNCIL REGULAR MEETING, 2/3/94
ITEMS BY THE MAYOR
Councilwoman Furtado
PAGE 8
presented to the City Council as soon as that fund has
been audited; or if desired, the report will be presented
without that information. Landscaping work on PGA
Boulevard was delayed this week because of rain. City
Manager Herakovich reported staff would be researching a
new Department of Transportation program in which
wildflower seedings are provided for the triangular
strips at on and off ramps to I -95. The City Manager
requested a date for the Advisory Board Breakfast which
was agreed upon as February 26, and requested a City
Council Workshop meeting for February 10. City Manager
Herakovich reported Palm Beach County has proposed an
amendment to their level of service for park acreage
through their comprehensive plan process which would
reduce the amount of acreage allotted for various types
of parks. This would result in a 5 to 10 year delay in
obtaining a district park within the City of Palm Beach
Gardens. Motion was made by Vice Mayor Monroe, seconded
by Councilwoman Furtado that Staff prepare an objection
to the proposal. Motion passed 5 -0.
Councilwoman Furtado announced a one -day county -wide
retreat in May has been planned by the Steering Committee
to formulate a plan of action for addressing the problem
CITY COUNCIL REGULAR MEETING, 2/3/94
PAGE 9
of violence in schools. She reminded everyone of the
importance of attending the School Board meeting on
February 15, and that Up With People still needed funds
for Project Graduation. She reported younger children
have enjoyed their involvement in the Police Explorer
Program. At Councilwoman Furtado's request, City Manager
Herakovich updated the City Council on the activities of
the Building Committee. She reported weekly meetings
have been held and proposals requesting quotations for
the Master Site Planning Area have gone out, which should
be received so that they could be reviewed in about two
weeks.
Vice Mayor Monroe At the request of Councilwoman Monroe it was the
consensus of the City Council to change the agenda for
City Council meetings to schedule presentations first,
then comments from the public, then reports by the
Council members, City Manager and City Attorney. Vice
Mayor Monroe asked staff to research whether the new Winn
Dixie landscaping is required to come before the Council.
Vice Mayor Monroe reported she had discovered at a
meeting between City and County staff that plans have
been approved for widening Military Trail from Elm to
Donald Ross Road within the City of Palm Beach Gardens,
as well as north of Donald Ross Road outside the City
limits. She reported that she had contacted the
MacArthur Foundation who expressed willingness to donate
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CITY COUNCIL REGULAR MEETING, 2/3/94
PAGE 10
10 feet of land along the right -of -way of the widened
road to be used as a natural buffer, which would allow
room for greenspace and for bicycle and foot traffic.
She requested the Council authorize the Mayor to prepare
a letter of request to the Foundation for the land
donation within the City limits, and stated the City
Manager would research who should send a similar letter
of request to the Foundation for a land donation for
Military Trail right -of -way north of the City.
Councilman Clark Councilman Clark reported the Planning and Zoning
Commission had asked him to thank everyone involved with
the beautification work done on PGA Boulevard. Planning
and Zoning requested the City Attorney apprise them on
the impact of the Snyder decision of the Supreme Court
which limited the ability of members of Planning and
Zoning to talk to petitioners before they come up for
review. Also, several members were very concerned about
"temporary" signs becoming permanent signs and rooftop
antennas and dishes.
Councilman Jablin Councilman Jablin expressed his sorrow on behalf of the
City Council for the untimely death of Jerry Gardner.
After attending a Recreation Board Meeting where ideas
were presented for future use of the Klock property,
Councilman Jablin requested a workshop for visionary
plans re: this property. City Manager Herakovich stated
development of this property was on hold until impact fee
credits had been used by the MacArthur Foundation,
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CITY COUNCIL REGULAR MEETING, 2/3/94
PAGE 11
however, staff has been working on environmental
assessment of the property which would be included in
master site planning currently underway. Councilman
Jablin stated that on 2/13/94 the Palm Beach Gardens
Association and the Health Department would meet with the
Landfill Committee. The purpose of the meeting would be
to put to rest any fears about the City's water quality.
Mayor Russo Mayor Russo reported on an excellent meeting of the North
County Economic Advisory Committee meeting at the
Economic Development Board, where there was now a full -
time sales person working to locate businesses to
Northern Palm Beach County. The Mayor, Councilwoman
Furtado, City Manager and Assistant City Manager had
attended a meeting with representatives of the school
board and County Commissioner Marcus where boundaries
were discussed. Mayor Russo expressed his concern that
Palm Beach County's biggest problem was the problems in
the schools, and his hope that education could be made a
concurrency requirement in the future. Councilwoman
Furtado stated her belief that the Palm Beach County
School District was too large. Mayor Russo asked that
bids for insurance and trash be set up for April or May.
Mayor Russo raised a question re: acceptance of dinner
invitations as Mayor of the City and whether this would
fall under the IRS gift rule for him as an individual,
and questioned if the City designated a representative to
CITY COUNCIL REGULAR MEETING, 2/3/94 PAGE 12
attend functions would it still need to be reported as a
gift. Attorney Baird stated he would provide an analysis
of the gift law on this subject.
CITY ATTORNEY'S
REPORT City Attorney Baird reported on options which would be
available to the City if they should decide to file an
appeal involving the attorney fee award of $16,000 in the
golf course litigation. Since Attorney Baird advised the
Council that there was no clear case law which supported
the Council's position, it was the consensus of the City
Council not to file an appeal in this matter. Motion not
to file the appeal was made by Vice Mayor Monroe,
seconded by Councilwoman Furtado and carried 5 -0.
ADJOURNMENT There being no further business to discuss, the meeting
was adjourned at 10:30 P.M.
MAYOR JOSEPH R. RUSSO
VICE ROE
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COUNCI4 ERIC JPg
COUN &ILWOMAN LAUREN FURTADO
COUNCILMAN DAVID CLARK
ATTEST:
XOSIER, CMt, CITY CLERK
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