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HomeMy WebLinkAboutMinutes Council 030499• CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING MARCH 4, 1999 The March 4, 1999, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:30 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 City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin, Councilman David Clark and Councilman Carl Sabatello. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted. CITY MANAGER REPORT City Manager Herakovich introduced the new Deputy Fire Chief, • Jerry Cato. The City Manager explained the leaves on the agenda represented the City Vision and were placed beside each item which helped accomplish the Vision. City Manager Herakovich reported notice had been received from FDOT that they agreed with placing a traffic signal at Military Trail and Gardenia, which would be funded by BallenIsles. FDOT had also reported no objection to a northerly alignment of PGA Boulevard in front of PGA National. Turnpike construction was reported to have been extended but incentives had been offered to the contractor to complete construction by July 4. City Manager Herakovich reported the latest population estimates ranked the City 19th in percentage of population change, adding 47 -1/2% residents from 1990 to 1998. Total population was now estimated at 33,824. The City Manager announced the Florida convention for Elected Municipal Officials would be held April 16 -18 in Deerfield Beach. The City Manager passed around pictures depicting glass elevators and the ballfield openings. City Manager Herakovich asked the City Engineer to provide an update on environmental cleanup on Gardens park properties. Mayor Russo welcomed City Attorney Terry Watterson to the meeting. CITY COUNCIL REGULAR MEETING, 3/4/99 2 • PRESENTATIONS Environmental Mitigation City Engineer Lindahl described the contaminated site next to the soccer field and explained this contamination was not a problem created by the City, did not have a regional impact, was not a large industrial dumpsite, and there was no health hazard from fumes. Research had shown that the contamination was a very common type of cleaning fluid which had been spilled or dumped onto a very localized spot. Assessment, designing a cleanup plan, and implementing the plan was anticipated to take only approximately three months, working in conjunction with the Department of Environmental Protection. Investigation would continue to determine who had created the contamination with the hope of recovering some of the cost of remediation. The City Manager explained that the City's first step after the DEP had notified the City of the contamination in October 1998 was to assure there was no health hazard. Vice Mayor Furtado requested that any similar situations in the future be curtained off for 30 days until the site could be checked. Land Use Attorney • Presentations City Attorney Terry Watterson introduced presentations by the following land use attorneys: Bill Perry from the law firm of Gunster Yoakley speaking on behalf of Attorney Jim Brindell; Nancy Stroud of Burk, Weaver and Prell; and Charles Siemen and Wendy Larson of Siemen, Larson and Marsh. Each provided an overview of their firm, proposed fees, and how they could help the City. Attorney Watterson presented information from Alan Watts of Cobb, Cole and Bell and from Professor Robert Frelich of Frelich, Lightner and Carlyle, who could not be present at tonight's meeting. Construction Manager's Report Construction Manager Bill Mignogna provided an update on the Municipal Complex construction. One proposed change order was pulled for further research. RE -ORDER AGENDA Motion was made by Vice Mayor Furtado, seconded by Councilman Clark, to reorder the agenda to consider change orders next. Motion carried by unanimous 5 -0 vote. 0 CITY COUNCIL REGULAR MEETING, 3/4/99 3 • ITEMS FOR COUNCIL ACTION: Municipal Complex Change Orders Tracking money not spent as a result of change orders was discussed. The Construction Manager answered questions from the Council members regarding proposed change orders. Concern was expressed at the large number of design errors. The City Attorney reported the construction legal report requested by the City Council would be presented at their March 18 meeting. The Construction Manager reported Suffolk was making every effort to address problems and anticipated both buildings to be complete and ready to move into by the first week in October. Councilman Clark made a motion to approve Change Orders No. 5, 21, 24, 25, 26, 27, 28, 29, 31, 33, 34, 35, 36, 39 and 40. Councilman Jablin seconded the motion. Motion carried by unanimous 5 -0 vote. AWARDING OF BIDS Ballfield Lights at • Lake Catherine The City Manager reported a resident who worked for FPL believed he could get installation of the poles donated. Discussion ensued on whether to award a bid or wait for FPL. Councilman Clark made a motion to give the City Manager authorization to expend up to $29,964.03 for the purpose of installing the ballfield lights at Lake Catherine with the instruction that she obtain whatever services can be obtained prudently from FPL to reduce that cost. Motion was seconded by Councilman Jablin. During discussion of the motion, Mayor Russo expressed concern that a lawsult might result from awarding the bid without knowing the specific value of the FPL donation, requiring the bid to be negotiated down. Motion carried 3 -2 with Mayor Russo and Councilman Sabatello voting against the motion. Mayor Russo reported actions taken regarding a new football program. ITEMS BY MAYOR AND COUNCIL Vice Mayor Furtado The Vice Mayor reported the County Commissioner for District No. 1 had pledged $500,000 from her road fund dollars for the • Northlake Boulevard improvements, and explained that the $20,000 CITY COUNCIL REGULAR MEETING, 3/4/99 4 IRW amount requested from each municipality had been a figure set so that a budget could be worked out; however, the project might not cost that much. Vice Mayor Furtado favored annexation of the less than ten acre parcel on Northlake Boulevard where the billboard was located. Vice Mayor Furtado requested research into whether projects had not been on agendas because the City had not advertised in a timely fashion. Councilman Sabatello Councilman Sabatello questioned the status of the proposed RV/boat storage area for residents. It was the consensus of the City Council under 3 -2 -3 that this become a priority. Councilman Sabatello expressed his opinion that the City Attorney's office should be a part of every issue and questioned why the labor attorney was not supervised by the City Attorney's office. It was agreed by 3 -2 -3 that the labor attorney issue would be discussed at another meeting. Councilman Sabatello recommended that the wish list which was prioritized by the City Manager be placed on one agenda monthly. Discussion ensued. Mayor Russo suggested that the City Council meet more often because there was not time to accomplish all of the City's business meeting only twice a month. • Councilman Sabatello reminded the City Council that the City Manager's review had never been finished. COMMENTS FROM THE PUBLIC Vito De Francisco Vito De Francisco, 1049 Shady Lakes Circle, expressed concern that a neighbor had a consultant coming to his home business five days a week. The City Attorney stated he would consult with Mr. Friedman of Code Enforcement to obtain background information and offer tips on how to help Mr. De Francisco. Chuck Jones Chuck Jones, 2416 S. Wallen Drive, expressed concern regarding flooding at the Gardens Mall which had affected his neighborhood. The City Manager reported the City Engineer had met the previous week with Northern Palm Beach County Improvement District and buildout of the professional center and improvements to Marina Gardens would help the situation. A third control structure would be installed by Northern Palm Beach County Improvement District, which was the responsible parry. John Parsons John Parsons, 10108 Seagrape Way, questioned whether the City Council had approved a mailout which had gone out to residents • regarding the recreational bond issue, the cost for mailing, and the CITY COUNCIL REGULAR MEETING, 3/4/99 5 • cost to residents for the bond issue. Mr. Parsons expressed his opinion that residents living in the City should not have to pay for recreational facilities in other areas and vice versa. 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 listed on the Consent Agenda: 1. Approval of Minutes of 1/7/99 City Council Regular Meeting 2. Approval of Minutes of 2/11/99 City Council Regular Meeting 3. Approval of Minutes of 2/18/99 City Council Regular Meeting RESOLUTIONS Resolution 12, 1999 Staff recommended denial of the request for blue on the sign already erected since the development order specified bronze. A staff error in issuing an improper permit was discussed, and the fact that the applicant must return with a different sign submittal. Joe Griffin, agent for the petitioner, agreed the sign was approved in bronze, but a second sign was allowed a choice of four colors including blue and red, which were used in the sign. Mr. Griffin stated the owner and developer did not know that the sign manufacturer had previous knowledge that the sign color was to have been bronze but had erected a sign of red and blue. Mr. Griffin requested the sign be allowed to stand with the red removed, and agreed the interior building signs would be bronze. Direction to the applicant was to remove the red from the sign and to make the interior signs bronze. A standardized sign package for North Corp was recommended. Councilman Clark made a motion to deny Resolution 12, 1999. Vice Mayor Furtado seconded the motion. Motion carried by unanimous 5 -0 vote. Resolution 32, 1999 Staff recommended approval of Resolution 32, 1999, Consideration of Appointments to the Education Advisory Board. Councilman Jablin made a motion to approve Resolution 32, 1999 with insertion in Section 1 of Murtaza Kakli, Ann Berg, George Mastics, and Charlotte Schiff; and insertion in Section 2 of James Pennock, Nancy Krause- Laurie and Judith Hanrahan. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. • CITY COUNCIL REGULAR MEETING, 3/4/99 6 qW ORDINANCES Ordinance 12, 1999 City Manager Herakovich explained that Ordinance 12, 1999 - Providing the Amendment to Chapter 2, Article III Entitled Boards, Committees and Commissions of the Code of Ordinances would standardize advisory board terms and recusal for attendance issues. Councilman Clark made a motion to place Ordinance 12, 1999 on first reading by title only with the following changes: On page 2 of Ordinance 12 to correct the double negative, removing the word "not" from the phrase "no member shall not be eligible "; on page 4, subpart E to add "shall be removed" after the sentence "Any member who willfully neglects the State of Florida rules governing the open meeting laws or Council policy ", and in subpart B to add "subject to removal by the City Council ": also to correct the misspelling of "recusal ". Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 12, 1999 on first reading by title only. Ordinance 13, 1999 Councilman Clark made a motion to place Ordinance 13, 1999, Providing for Amendments to Chapter 2, Division 3 of the Code of Ordinances Entitled "Education Advisory Board) on first reading by title only. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 13, 1999 on first reading by title only. Ordinance 14, 1999 Councilman Clark made a motion to place Ordinance 14, 1999- - Providing for Amendments to Chapter 106, Article II of the Code of Ordinances Entitled "Art" Providing for Amendment to Section 106 -28 Entitled "Art Advisory Committee (AAC) on first reading by title only. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 14, 1999 on first reading by title only. Ordinance 15, 1999 Councilman Clark made a motion to place Ordinance 15, 1999- - Providing for Amendments to Chapter 2, Article III, Division 3, Entitled "Beautification and Environmental Committee" on first reading by title only. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 15, 1999 on first reading by title only. ITEMS FOR COUNCIL ACTION Contract Amendment City Manager Herakovich advised staff recommended amendment • to the agreement with O'Donnell, Maccarato & Mignogna, Inc., for CITY COUNCIL REGULAR MEETING, 3/4/99 7 • construction management services. Councilman Clark made a motion to approve the staff recommendation to amend the agreement with O'Donnell, Maccarato & Mignogna, Inc., for construction management services. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. ITEMS FOR DISCUSSION Northlake Boulevard Study Principal Planner Kim Glas Castro advised one of the recommendations of the Western Northlake Boulevard Study was to enter into an interlocal agreement between the City, Palm Beach County, and the City of West Palm Beach; provided an update on the effort to draft the interlocal agreement; and explained that all three entities had approved resolutions which acknowledged the Western Northlake Corridor Study as a planning tool and policy guide. The City Council agreed to cooperate with the other entities in this effort. City Landscaping Maintenance Standards City Forester Mark Hendrickson reviewed the proposed • maintenance standards, which were more specific than those in the City code, and proposed these standards be adopted by resolution and placed in a handbook format which could be used by Code Enforcement. The City Forester explained these standards would not apply to single family or duplex homes. Different types of mulch were discussed. CITY ATTORNEY REPORT Lawsuit Settlements City Attorney Watterson reported two cases, Farrell v. City of Palm Beach Gardens, and Mawhinney v. City of Palm Beach Gardens, had been settled, but the City was required to hear public comments regarding these cases. Mayor Russo declared public comments open. Hearing no comments from the public, Mayor Russo declared the public comments closed. The City Attorney advised no further action was required. The City Council discussed selection of a land use attorney from the presenters at tonight's meeting. Attorney Watterson reviewed the policy of his firm in overseeing City matters, stressed the importance of upgrading Growth Management staff in order to avoid future litigation, and gave his opinion regarding the candidates for the land • use attorney. CITY COUNCIL REGULAR MEETING, 3/4/99 0 Nancy Stroud of Burk, Weaver and Prell was selected as the preference for land use attorney. ADJOURNMENT There being no further business to discuss, upon motion by Councilman Jablin, seconded by Councilman Clark, carried 5 -0, the meeting was a ' ed a 1:3 m. APPROVAL: A fOS Ol- II.RUSSO 1�kA u 4 •' LAUREN FURTAD81 C IRMAN PK TE RIC JABLIN COUNCILMAN DAVID CLARK COUNCILM CARL SABATELLO ATTEST: tW��VA7V. OSIER, CMC, CITY CLERK