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HomeMy WebLinkAboutMinutes Council 010799• CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING JANUARY 7, 1999 The January 7, 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, and Councilman Carl Sabatello. Councilman David Clark was absent from the meeting. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted. Mayor Russo thanked all flood volunteers. • FLOOD PRESENTATION City Engineer Lindahl thanked everyone for their help during the flood and named those present who would be working with the City to improve drainage. Mr. Lindahl described existing drainage systems and recent improvements, and the amount of rainfall at specific times during the storm and how the system could not contain the water thus causing flooding. Mr. Lindahl described the operation of emergency flood gates. Mr. Lindahl reported his department planned to approach SFWMD to re- examine the automated protocol for the two gates at S44 to consider a quicker response when 8" of rainfall was reached with '/Z rise. A request for a third gate at this location would be revived. A fail -safe system of notification would be pursued for times when weather forecasts predicted flooding conditions. Mr. Lindahl reviewed areas where drainage improvements were needed. Vice Mayor Furtado reported that a concerned City employee had checked the gates on their own at 3 a.m. and they were closed. City Engineer Lindahl reported the automated process began opening the gates at 3:30 a.m. and this process was abandoned at 5 a.m. The Vice Mayor requested a procedure be established for quicker response in the future when a responsible person noted a crisis situation. Councilman Sabatello commented a lot had been learned and . adjustments must be made, but protocol must be followed. Vice Mayor Furtado commented the drainage at the Winn -Dixie 0 CITY COUNCIL SPECIAL REGULAR MEETING, 1/7/99 2 shopping center did not work, and requested that the area at Gardens East Drive and Riverside Drive be targeted for immediate drainage improvements, and was told improvements for that area were already scheduled for 1999. Pete Pimental, Northern Palm Beach Improvement District, commented much had been learned from this storm. Councilman Sabatello pointed out the western area which was to be developed did not have enough outfalls, and suggested the new property owner become actively involved in drainage improvements. An outfall at Cabana Colony was discussed as needing to be re- examined, along with additional retention. Mayor Russo questioned whether the City had any legal recourse in regard to drainage systems not designed properly which were causing flooding within the City. Councilman Jablin requested the City act to help residents obtain FEMA funds. Mayor Russo reported tow trucks on flooded roads caused more water to flood into homes, to which the City Manager responded that was being addressed. A resident commented SFWMD must manage the system properly to avoid flooding. Mayor Russo explained that everyone planned to work together to improve the situation. A resident commented storms causing flooding were becoming more frequent and questioned whether police and fire departments had vehicles which could travel through the water. The Mayor responded the City had 20 emergency vehicles which could travel through water 4 -1/2' to 5' in depth. Public Works Director Bob Patty spoke regarding establishing a system in which volunteer residents would clean catch basins near their residences. PRESENTATIONS: Education Advisory Board Certificates of appreciation were made to retiring Board members Alan Adams, Monika Adams, Mary Inglis, Lisa Ridgely, and Deborah Martel for their years of service on the City's Education Advisory Board. Code Enforcement Board Certificates of appreciation were made to retiring Board members Lee Jebb and Raymond Ludwig for their years of service on the City's Code Enforcement Board. CITY COUNCIL SPECIAL REGULAR MEETING, 1/7/99 3 0 Financial Reporting Presentation was made to Finance Director Olson by Mery Timberlake, Director of Financial Services, Boca Raton, of Certificate of Achievement for Excellence in Financial reporting by Government Finance Officers Association. Budget Award Presentation was made to Finance Director Olson by Mery Timberlake, Director of Financial Services, Boca Raton, of Distinguished Budget Award by Government Finance Officers Association. CITY MANAGERS REPORT Construction Report The Construction Manager presented an update on construction progress on the Municipal Complex. The contractor's claim was discussed, which requested compensation for 43 days, and the contractor was behind 65 days. Mayor Russo requested the City Attorney review this situation. City Attorney Post explained the claim was proceeding on track and that she would examine the project overall. It was reported there were still a couple of change • orders outstanding regarding the ball fields, which were now substantially complete. City Manager Herakovich announced the City had been successful in securing a grant from the Florida Recreation Development Assistance program of $100,000. The City Manager reported complaints had been received from residents regarding insufficient landscaping at Devonshire at PGA National, and the City was working with both Devonshire and the residents on this issue. The City Manager reported the Equestrian Summit was scheduled for January 13. City Manager Herakovich reported research would be done to address a code for outdoor seating at establishments other than restaurants. The City Manager reported Place of Hope had been approved by the County Commission. Mayor Russo requested the public be informed that the City's position had to conform to their Comprehensive Plan and that the City was not opposed to Place of Hope. Councilman Jablin reported he had been working with the residents and the church regarding this project and did not want anyone to believe the City was against helping children, but wanted to shape the project to assure it would be a success. City Manager Herakovich reported the Tennis Committee • had reported completion of the facility; however, an additional three weeks would be needed before opening because of the flood. CITY COUNCIL SPECIAL REGULAR MEETING, 1/7/99 4 • BID AWARDS City Vehicles Vice Mayor Furtado made a motion to approve the staff recommendation to purchase thirteen City vehicles by piggybacking off of three contracts for ten Police vehicles, two Parks and Recreation trucks, and one Code Enforcement vehicle. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. Skateboard Park Vice Mayor Furtado made a motion to award the bid to MPA Architects, Inc., of West Palm Beach, Florida in the amount of $24,000 to provide architectural services for the design of the Plant Drive Park Skatepark. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. Fertilizer Vice Mayor Furtado made a motion to award the bid to Lesco, Inc. of Rocky River, Ohio with local office in Riviera Beach, Florida, in the amount of $23,580 to provide fertilizer. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. • COMMENTS FROM THE PUBLIC Henry Skokowski Henry Skokowski stated he was representing owners and developers of Gardens Townhouse Project and requested a public hearing be held quickly. By consensus of 3 -1 it was agreed to advertise for second reading ahead of first reading. RE -ORDER AGENDA Ordinance 26, 1998 Motion was made by Councilman Jablin, seconded by Vice Mayor Furtado, to place Ordinance 26, 1998 next on the agenda. Motion carried by unanimous 4 -0 vote. Attorney Larry Smith discussed the request for a waiver from the PGA Boulevard corridor overlay regarding overhead power lines on Ellison Wilson Road at the City Centre project. Staff concerns were discussed. Following discussion of the appropriate language, City Attorney Post read aloud the proposed Amendment to Ordinance 26, 1998: The applicant shall be subject to the following conditions of . approval which shall be added to Ordinance 26, 19098 and included in the title for publication: (1) applicant shall agree to remove the CITY COUNCIL SPECIAL REGULAR MEETING, 1/7/99 5 • two poles and bury the lines for the poles located east of their entrance on PGA Boulevard, and (2) applicant agrees to assume the cost of removing and/or replacing the light pole located at the corner of Ellison Wilson Road and PGA Boulevard if at such time approval is permitted by the appropriate agencies. Councilman Jablin made a motion to approve the amendment as read by the City Attorney. Motion was seconded by Vice Mayor Furtado and carried by unanimous 4 -0 vote. Councilman Jablin made a motion to approve Ordinance 26, 1998 - Providing for an Amendment to Ordinance 15, 1997, PUD/Landscape Plan for City Centre, formerly known as Oakbrook Center, by Approving a Waiver to Section 118- 280(g)(14), Entitled "Building Design Guidelines" "Underground Utilities" and by Amendment the Landscape Plan, on First Reading by title only. Vice Mayor Furtado seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 26, 1998 on First Reading by title only. • Re -ORDER AGENDA Interior Design Services Vice Mayor Furtado made a motion to hear Items for Council Action (1) Approval of Proposal for Interior Design Services - Municipal Complex next on the agenda. Motion was seconded by Councilman Jablin and carried by unanimous 4 -0 vote. It was pointed out that the cost of presentations made to the City Council by the interior designer were not included in the contract. Councilman Jablin made a motion to approve the proposal from Peacock and Lewis for Interior Design Services for the Municipal Complex not to exceed $23,200. Motion was seconded by Vice Mayor Furtado and carried by unanimous 4 -0 vote. Re -ORDER AGENDA Ordinance 28, 1998 Councilman Jablin made a motion to hear Ordinance 28, 1998 next on the agenda. Motion was seconded by Vice Mayor Furtado and carried by unanimous 4 -0 vote. ORDINANCES Ordinance 28, 1998 Mayor Russo declared the public hearing open held on the intent of Ordinance 28, 1998 - Providing for Amendment to Section 66 -68 • of the City's Code of Ordinances re: Occupational Licenses, advertised 12/2/98 and Continued from the 12/17/98 Regular CITY COUNCIL SPECIAL REGULAR MEETING, 1/7/99 0 Meeting of the City Council, for Consideration of Second and Final Reading and Adoption. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Jablin made a motion to approve Ordinance 28, 1998 - Providing for Amendment to Section 66 -68 of the City's Code of Ordinances re: Occupational Licenses on Second Reading by title only. Vice Mayor Furtado seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 28, 1998 on Second Reading by title only. Ordinance 12, 1998 Mayor Russo declared the public hearing open, duly advertised 1/2/99 for Consideration of Second and Final Reading and Adoption, and held on the intent of Ordinance 12, 1998 - Providing for Rezoning of 14.47 acres of Land Located at the Northeast Corner of Lone Pine Road and Easterly Avenue, %2 mile West of Prosperity Farms Road to a Planned Unit Development, in Order to Construct 43 Single Family Homes. Principal Planner Marty Minor presented the project. Hearing no comments from the public, • Mayor Russo declared the public hearing closed. Councilman Jablin made a motion to approve Ordinance 12, 1998 on Second and Final Reading. Motion was seconded by Councilman Sabatello and carried by unanimous 3 -0 vote. The City Clerk read Ordinance 12, 1998 on Second Reading by title only. Ordinance 22, 1998 Mayor Russo declared the public hearing open, duly advertised 1/2/99 for Consideration of Second and Final Reading and Adoption, and held on the intent of Ordinance 22, 1998- Providing for Amendment of Ordinance 34, 1978, and Resolution 43, 1978, as Amended, the Development Order for the PGA National Resort Community, DRI, by Adopting a Consolidated, Restated and Amended Development of Regional Impact and Planned Community district Development Order for PGA National Resort Community; Providing for Amendment to Conditions of Approval Relating to Off -Site Traffic Improvements; Providing for Amendment of the Master Development Plan to Revise the Schedule of Uses and Certain Land Use Designations; Providing for Immediate Transmittal of this Ordinance to the Florida Department of Community Affairs, Treasure Coast Regional Planning Council, Palm Beach County and PGA National Venture, Ltd. Principal • Planner Kim Glas- Castro presented the project. Frank Palen, representing PGA National Resort Community thanked staff for CITY COUNCIL SPECIAL REGULAR MEETING, 1/7/99 7 • their diligence and patience in this matter, and explained this would close out the DRI. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Councilman Jablin made a motion to approve Ordinance 22, 1998 on Second Reading by title only. Vice Mayor Furtado seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 22, 1998 on Second Reading by title only. Ordinance 30, 1998 Mayor Russo declared the public hearing open, duly advertised 12/2/98 and Continued from the 12/17/98 Regular Meeting of the City Council; for Consideration of Second and Final Reading and Adoption, and held on the intent of Ordinance 22, 1998 Ordinance 30, 1998 - Providing for Amendment of Chapter 110 of the City Code Entitled "Signs ", by Amending Section 3 of Article I, Entitled "Non- Conforming Signs" to Extend the Amortization Period for Allowing Non - Conforming signs by twelve (12) months. Principal Planner Kim Glas- Castro presented the item. Hearing no comments from the public, Mayor Russo declared the Public • Hearing closed. Councilman Jablin made a motion to approve Ordinance 30, 1998 on Second Reading by title only. Vice Mayor Furtado seconded the motion. City Attorney Post pointed out there was an amendment changing the effective date of Ordinance 30, 1998. Councilman Jablin withdrew the motion and made a motion to approve the amendment to Ordinance 22, 1998 changing the effective date to January 7, 1999. Vice Mayor Furtado seconded the motion, which carried by unanimous 4 -0 vote. Councilman Jablin made a motion to approve Ordinance 30, 1998 on Second Reading by title only. Vice Mayor Furtado seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 22, 1998 on Second Reading by title only. RESOLUTIONS Resolution 136, 1998 Vice Mayor Furtado made a motion to approve Resolution 136, 1998 - Consideration of Appointments to Recreation Advisory Board with the name Tory Buckley inserted into the blank. . Councilman Jablin seconded the motion. Motion carried by unanimous 4 -0 vote. CITY COUNCIL SPECIAL REGULAR MEETING, 1/7/99 8 Resolution 2, 1999 Following staff presentation and comments from an attorney representing Applebee's Restaurant, Councilman Jablin made a motion to deny Resolution 2, 1999 - Consideration of Approval of a Sign Variance for Applebee's Restaurant. Councilman Sabatello seconded the motion. Motion carried by 3 -1 vote. Resolution 4, 1999 Principal Planner Marty Minor presented the project. Henry Skokowski spoke on behalf of the petitioner. The landscaping was reviewed by the Landscape Architect for the project. Councilman Jablin made a motion to approve Resolution 4, 1999 - Consideration of Approval of a Site Plan Amendment to the Meadows Mobile Home Park Landscape Plan. Vice Mayor Furtado seconded the motion. Motion carried by unanimous 4 -0 vote Resolution 5, 1999 Councilman Jablin made a motion to approve Resolution 5, 1999 - Consideration of a Site Plan for 89,913 Square Feet of Professional Office Use to be Known as The Professional Centre as amended with 70' stacking in Condition 8. Vice Mayor Furtado seconded the motion. Motion carried by unanimous 4 -0 vote ITEMS BY MAYOR AND COUNCIL Vice Mayor Furtado The Vice Mayor asked what happened to the lights which were to have been installed by the construction entrance. i j CITY COUNCIL SPECIAL REGULAR MEETING, 1/7/99 9 ADJOURNMENT There being no further business to discuss, upon motion by Councilman Jablin, seconded by Vice Mayor Furtado, carried 4 -0, the meeting was adj rn at 11:30 p.m. APPROVAL: JOSEPH R. RUSSO VICN FURTADO i CEMR AN P '0 TYM ERIC JABLIN COUNCILMAN DAVID CLARK COUNCIL CARL SABATELLO ATTEST: KOSIER, CkC, CITY CLERK