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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. 0 0 Cl CITY COUNCIL REGULAR MEETING, 5/6/99 KI 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. U CITY COUNCIL REGULAR MEETING, 5/6/99 5 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