HomeMy WebLinkAboutMinutes Council 050699•
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
MAY 6, 1999
The May 6, 1999, Regular Meeting of the City Council of the City
of Palm Beach Gardens, Florida, was called to order at 7:00 P.M.
in the Council Chambers of the Municipal Complex located at
10500 North Military Trail, Palm Beach Gardens, Florida; and
opened with the Pledge of Allegiance to the Flag.
ROLL CALL The Administrative Assistant to the City Manager called the roll and
the following elected officials were found to be in attendance:
Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman
David Clark, Councilman Eric Jablin, and Councilman Carl
Sabatello.
ANNOUNCEMENTS Mayor Russo stated the announcements were as posted.
• RE -ORDER AGENDA Councilman Jablin made a motion to re -order the agenda to place
Issues and Priorities at the end of the meeting to be heard at 11 p.m.
no matter what point in the agenda had been reached. Vice Mayor
Furtado seconded the motion, which carried 5 -0. Mayor Russo
announced that the NorthMil Settlement Agreement would not be
heard as part of the City Manager's Report; City Attorney Post
verified that the settlement agreement no longer existed and
Resolution 47, 1999 would be considered instead.
CITY MANAGER REPORT
Status of Projects The City Manager announced the Riverside Drive swale replacement
had been completed, Lighthouse Drive drainage and swale
replacement was 50% complete, Prosperity Oaks culvert
replacement in the right of way had been completed and interior
drainage would be done next. Oaks Homeowners were scheduled
to meet with the City Engineer to discuss drainage concerns related
to Catalina Lakes and St. Mark's projects. Drainage for the
MacArthur Center was in progress. The City Manager announced
that a Resolution would be presented at the next meeting requesting
the Army Corps of Engineers to fund a third flood gate.
Construction Manager Report A representative of Peacock & Lewis, Susan Bardin, reviewed the
• interior design colors and materials for the municipal complex
CITY COUNCIL REGULAR MEETING, 5/6/99 2
• floors, walls, and furniture, as well as the amount which had been
budgeted and their estimated budget for needed items not included
in the original budget. Jason Alter of Central Audio Visual reviewed
the proposed audio visual system. Discussion ensued regarding
whether the proposed level of technology was necessary at this time.
Consensus was to conduct a survey to determine the level of
technology which presenters preferred to utilize in their
presentations and to prepare a bid specification document with
alternates. Construction Manager Ray Casto reported the status of
the municipal complex project, which was currently 25 days behind
schedule. New personnel had been hired by the general contractor
and the project schedule had been greatly improved. Change orders
and costs exceeding budgeted funds were discussed. Possible
subrogation for costs that were not the City's responsibility was
discussed.
Councilman Clark made a motion to approve Change Orders PCO
09; PCO 22; PCO 32; PCO 37; PCO 41; PCO 46; PCO 51; PCO
52; PCO 53; PCO 55; and PCO 57. Vice Mayor Furtado seconded
the motion, which carried by unanimous 5 -0 vote.
• Mr. Casto reported the sample light fixture had not yet arrived, and
explained the proposed emergency generator system.
PRESENTATIONS
Time Line for Internal Tasks
Forbearance Agreement A matrix showing anticipated time for completion of tasks in regard
to the Forbearance Agreement was presented. City Manager
Herakovich explained that current studies would be updated rather
than beginning new studies. Mayor Russo requested the City
Council study the material provided and ask any questions at the
next meeting.
The City Manager thanked resident volunteers for their work for the
City and Public Information Officer Beth Ingold for her hard work
on the Advisory Board and Volunteer recognition program. City
Manager Herakovich reported St. Mark's had presented an
application for ball fields scheduled for the next City Council agenda
and had requested advertisement for second reading prior to first
reading to meet the September school opening deadline. The City
Manager recommended approval with the condition that the
applicant comply with any surface water management conclusions
• from The Oaks current study.
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CITY COUNCIL REGULAR MEETING, 5/6/99
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Councilman Clark made a motion to direct staff to advertise second
reading prior to the first reading for the St. Mark's ballfield
application. Vice Mayor Furtado seconded the motion.
Councilman Sabatello expressed concern regarding outstanding
issues and setting an unfavorable precedent. Motion carried by 4 -1
vote, with Councilman Sabatello opposed.
AWARDING OF BIDS:
Security System for New
Municipal Complex Vice Mayor Furtado made a motion to approve the staff
recommendation to accept the RFP from Florida State Fire &
Security in the amount of $108,436 and option 4 at $7,634 for a
total of $116,070 for a security system for the new municipal
complex. Councilman Clark seconded the motion, which carried by
unanimous 5 -0 vote.
Revisions to City's Land
Development Regulations Councilman Clark made a motion to approve the staff
recommendation to award the bid for Professional Planning Services
for Evaluation of Zoning Code and Land Development Regulations
to Duncan Associates not to exceed $49,500. Councilman Jablin
seconded the motion, which carried by unanimous 5 -0 vote.
Additional Interior Design
Services for New Municipal
Complex Vice Mayor Furtado made a motion to approve the staff
recommendation to award the bid for additional interior design
services for the new municipal complex to Peacock and Lewis in the
amount of $7,880. Councilman Clark seconded the motion, which
carried by unanimous 5 -0 vote.
Refurbishing Engine 63 Councilman Clark made a motion to approve the staff
recommendation to piggyback off the June 19, 1998 Pierce
Manufacturing bid of $259,787 for refurbishing Engine 63. Vice
Mayor Furtado seconded the motion, which carried by unanimous
5 -0 vote.
ITEMS BY MAYOR AND
COUNCIL
Mayor Russo
Mayor Russo presented a request from County Commissioner
Marcus to hold a joint meeting with the Town of Lake Park to
discuss deannexation of property on Northlake Boulevard.
Discussion of this item was scheduled for the next meeting.
CITY COUNCIL REGULAR MEETING, 5/6/99 4
• Councilman Clark Councilman Clark reported a request from the quarterly
Intergovernmental Issues Forum held in Lantana to consider using
the Forum's services as a possible mediator with respect to claims
to annex which are within the proposed future annexation zones of
more than one municipality. He noted that certain areas which were
within the Cities future annexation zones were also within the future
annexation zones of certain neighboring municipalities.
COMMENTS FROM THE
PUBLIC
Terrence Brady Terrence Brady, President of Garden Oaks Homeowners
Association, requested annexation of Gardens Oaks into the City.
Mayor Russo explained that the City would be making a decision
regarding annexation during the next month. Mr. Brady was
thanked for expressing his group's interest and was told they would
be notified of upcoming discussions regarding annexation.
CONSENT AGENDA Councilman Clark moved approval of the Consent Agenda. The
motion was seconded by Vice Mayor Furtado and carried by
unanimous 5 -0 vote. The following items were approved on the
• Consent Agenda:
1. Consideration of Approval of Minutes of 4/8/99 Regular
Meeting
2. Consideration of Approval of Minutes of 4/15/99 Regular
Meeting
3. Consideration of Approval of Minutes of 4/22/99 Workshop
Meeting
4. Resolution 46, 1999 - Consideration of Approval of PBA
Lieutenants Contract for FY98 -2000
PUBLIC HEARINGS
Ordinance 17, 1999 Mayor Russo declared the Public Hearing open, duly advertised
4/21/99 and held on the intent of Ordinance 17, 1999 - Providing for
Amendment of Section 118 -307 of the Code of Ordinances, Entitled
"Historical and Archaeological Site," By Adding City Council
Designations as a Third Criteria to Designate a Site of Historical and
Archaeological Significance in the City, and to Establish the
MacArthur Banyan Tree as a Locally Designated Historic and /or
Archaeological Significant Site; Providing for Enactment of Section
118 -312 of the Code of Ordinances, Entitled "MacArthur Banyan
Tree Historic Overlay Protection Zone ", for consideration of
Second Reading and Adoption. Hearing no comments from the
• public, Mayor Russo declared the Public Hearing closed.
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CITY COUNCIL REGULAR MEETING, 5/6/99
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Councilman Clark made a motion to approve Ordinance 17, 1999
for Second Reading by title only and Adoption. Councilman Jablin
seconded the motion, which carried by unanimous 4 -0 vote. The
Administrative Assistant to the City Manager read Ordinance 17,
1999 on Second Reading by Title Only.
RESOLUTIONS
Resolution 12, 1999 Councilman Clark made a motion to approve Resolution 12, 1999 -
Consideration of Approval for an Amendment to the Approved Site
Plan for Lot 3 of South Park Center to Provide a Change to the
Color of the Wall Sign Facing Interstate 95. Vice Mayor Furtado
seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 20, 1999 Councilman Sabatello made a motion to approve Resolution 20,
1999 - Consideration of Approval of Appointment of Six Members
to the Planning and Zoning Commission, with the names John F.
Nedvins, Dennis Solomon, Craig Kunkle, Jr., and Daniel Lee Cruz
in Section 1 and the names Ted Rauch and Joseph B. Love, Jr., in
Section 2. Councilman Jablin seconded the motion, which carried
by unanimous 5 -0 vote.
• Resolution 31, 1999 Councilman Sabatello made a motion to approve Resolution 31,
1999 - Consideration of Approval of Appointment of Two Members
to the Code Enforcement Board, with the names Neil Lewis and
Pete Miskovich in Section 1. Councilman Clark seconded the
motion, which carried by unanimous 5 -0 vote.
Resolution 47, 1999 City Attorney Post explained that because of a court decision within
the past 24 hours favorable to the City, a settlement agreement was
no longer applicable, but that this application should now be
considered the same as any other site plan presented for
consideration of approval. Attorney Post reminded the City Council
that approximately a year ago the City Council had voted to deny
the site plan, the petitioner had sued the City asking the court to find
that the City's decision to deny was improper and that the court
should require the City to approve the site plan. The March 12,
1999 court ruling had been that the City's decision to deny was
improper and that the Court could not order the City to approve the
site plan. The petitioner appealed, asking the court to require the
City to issue a development order. The request for appeal was
denied on May 5, which made moot the negotiations for settlement
which had been in progress. Attorney Post recommended re- hearing
• of Resolution 47, 1999 if staff was prepared with documentation
CITY COUNCIL REGULAR MEETING, 5/6/99 g
necessary to hear the petition as a quasi-judicial hearing. A poll of
the City Council indicated Mayor Russo had had conversations with
the petitioner, although not as to the merits of the particular
application now before the City Council; Councilman Jablin reported
conversations with Larry Smith regarding the settlement agreement;
Councilman Clark reported conversations with Counsel for the
petitioner regarding the settlement agreement and a phone call that
day asking whether his position had changed; Vice Mayor Furtado
reported discussion regarding a settlement agreement; Councilman
Sabatello reported a meeting with Mr. Brock who had explained the
site plans and changes he had made, and two meetings with Mr.
Smith to discuss changes to make things better for the petitioner.
Larry Smith, agent for the petitioner, stated petitioner was in
agreement with the proposed resolution and requested this petition
be heard at tonight's meeting. Because some members of the City
Council did not feel comfortable hearing the petition without
personnel present to answer questions, this matter was postponed
to the next regular meeting of the City Council with the
understanding that it would be heard as early on the agenda as
possible. Resident Betty Ann Petruzzi expressed concern that 500
. residents would not be represented properly if the petition was
approved, and requested the traffic information be updated.
Resolution 60, 1999 Councilman Jablin made a motion to approve Resolution 60, 1999 -
Consideration of Approval of Appointment of Two Members to the
Education Advisory Board, with the names Scott Blake and Wayne
Anderson in Section 1. Councilman Clark seconded the motion,
which carried by unanimous 5 -0 vote.
ORDINANCES
Ordinance 19, 1999 Councilman Jablin made a motion to place Ordinance 19, 1999 -
Providing for Approval of Rezoning in the City Certain Areas of
Land; and Providing a Legal Description of the Properties Proposed
to be Rezoned; by Directing the Growth Management Director to
Bring the Official Zoning Map up to date; and Providing for Repeal
of Conflicting Ordinances or Parts of Ordinances in Conflict on First
Reading by title only. Councilman Clark seconded the motion,
which carried by unanimous 5 -0 vote. The Administrative Assistant
to the City Manager read Ordinance 19, 1999 on First Reading by
title only.
Ordinance 23, 1999 Ordinance 23, 1999 - Providing for Approval of an Amendment to
• Ordinance 20, 1997 to Provide for Minor Changes in the Elevations
CITY COUNCIL REGULAR MEETING, 5/6/99 7
and Floor Plans of Building A, B, and C in the Christ Fellowship
Planned Unit Development; Providing for Conditions of Approval.
Vice Mayor Furtado reported a conversation with the petitioner
regarding TV transmission. Agent for the petitioner presented the
request. Council members expressed concern that the change in use
would cause a major change in the number of people using the
facility, which would create difficulties in enforcing the development
order. Direction to the petitioner was to amend the site plan and
come back at a later date. One resident spoke in favor of the
petitioner.
ITEMS FOR COUNCIL
ACTION
Delegate to Palm Beach
County League of Cities, Inc. Vice Mayor Furtado made a motion to designate Mayor Russo as
the voting delegate to the Palm Beach County League of Cities,
Inc., and the City Manager, Assistant City Manage, Vice Mayor,
and Mayor Pro Tern as alternates Councilman Clark seconded the
motion, which carried by unanimous 5 -0 vote.
Vegetation, Recycling and
Solid Waste Collection Finance Director Kent Olson reported that a cost comparison
prepared by staff indicated the City's rates remained low, and the
staff recommendation was that the City renew the existing contract
with Waste Management. The City Council favored going out to
bid to obtain better service and possibly a better price.
Right -of -Way Maintenance The City Manager reported short-term plans were to use contractual
right -of -way maintenance and long -range plans were to implement
a Stormwater Utility to assist with funding and/or to work with the
newly forming PGA Corridors Association to address maintenance
together with the City. A report was provided by Bob Parry,
Director of Public Works, on the status of city -owned properties
and right -of -ways and privatization of divisional duties.
Annexation of Unincorporated
Areas City Attorney Post reviewed voluntary and involuntary annexation
procedures. A 3 -2 -3 request was made that staff rate the possible
annexation areas listed in the staff report according to least impact
and most benefit to the City. Concern was expressed that staff
presently had too much work to take on this project. City Manager
Herakovich recommended that an Engineering study start in
February after some other projects had been completed.
CITY COUNCIL REGULAR MEETING, 5/6/99 g
ITEMS FOR DISCUSSION
Grants This item was postponed until the next meeting.
CITY ATTORNEY REPORT
Freedom House This item was postponed until the next meeting.
Vavrus Ranch Attorney Preston Fields reported success in prosecution of this case
before the Code Enforcement Board, which had required Mr.
Vavrus to submit a site plan for approval, to obtain permits, and to
submit a mitigation plan to rectify some of the damage that had been
done. Attorney Fields reported a hearing would be held before the
Circuit Court the following Monday for a motion to dissolve and
dismiss the injunction. Mr. Vavrus had been scheduled for a
deposition May 7, and if he did not appear he would be held in
contempt. Other charges against Mr. Vavrus were discussed.
Councilman Sabatello reported the Code Enforcement Board had
done an excellent job. City Attorney Post thanked Attorney Fields
for his work in assisting staff in this matter.
Northlake Boulevard
Billboard City Attorney Post asked that City Council members call her if they
had any questions regarding this item.
ISSUES AND
PRIORITIES Councilman Sabatello explained he had submitted a reporting format
to staff. Councilman Sabatello stated he believed staff had
requested direction regarding a grant expiring in 2000 for irrigation
of the Military Trail median. City Manager Herakovich responded
that item would be brought back with a dollar amount and
recommendation. Vice Mayor Furtado expressed concern regarding
the Westwood Lakes outfall pipe relocation which had not been
included in the City's drainage improvements. The Vice Mayor
recommended that future privatized contracts be very specific as to
what was expected. Mayor Russo explained that he had been
speaking to various groups and everyone was excited and positive
regarding the City's actions resulting from the WCI land purchase.
CITY COUNCIL REGULAR MEETING, 5/6/99 g
•
ADJOURNMENT There being no further business to discuss, upon motion by
Councilman k, s o ded by Councilman Jablin, carried 5 -0, the
meeting wa jo)nt 11:20 p.m.
APPROVAL:
EPH R. RUSSO
I
COUNCILMA VID CLARK
COUNCILMA CARL SABATELLO
ATTEST:
CINDY HARV!'Y, ADMINISTRATINt ASSISTANT
TO THE CITY MANAGER