HomeMy WebLinkAboutMinutes Council 081999•
CITY OF PALM BEACH GARDENS
CITY COUNCIL,
REGULAR MEETING
AUGUST 19, 1999
The August 19, 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 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 David Clark, Councilman Eric
Jablin, and Councilman Carl Sabatello.
ANNOUNCEMENTS Mayor Russo stated the announcements were as posted.
PRESENTATIONS
• Employee Anniversary
Recognition Assistant City Manager Richard Diamond recognized employee
Sam Martin for 30 years of service with the City.
Teamwork Awards Teamwork awards were presented to employees.
ALS Competition Recognition
Fire Department The Fire Chief reported the City had placed second in the recent
ALS competition, and recognized the members of the team.
Swearing In of Police
Officers Police Chief FitzGerald conducted the swearing in of five new
police officers.
RE -ORDER AGENDA Vice Mayor Furtado made a motion to re -order the agenda to hear
the item regarding extending Contract Term for Solid Waste,
Recycling, and Vegetative Waste Services under the agenda
heading of City Manager Report and the item regarding curfew
after the Consent Agenda. Councilman Clark seconded the motion,
which carried by unanimous 5 -0 vote.
Mayor Russo announced that Ordinance 34, 1999 would not be
• heard at tonight's meeting upon recommendation of staff.
_ CITY COUNCIL REGULAR MEETING, 8/19/99 2
•
0
CITY MANAGER REPORT
Light Fixtures for Municipal
Complex Assistant City Manager Diamond introduced Construction Manager
Ray Casto, who presented color options for the proposed light
fixtures for the new municipal complex. It was the consensus of the
City Council that the color for the new municipal complex light
fixtures would be black satin.
Canal Right -Of -Way
Maintenance Public Works Director Bob Patty apologized for not conducting a
walk through with residents on the Thompson River, and showed
a video of the canal bank prior to work. Graphics were presented
depicting canal cross sections with and without access platforms;
roads under water; residential homes, and businesses damaged in
the January 2, 1999 flood; outfalls; and fences or docks located
within the canal right -of -way. Mitigation efforts mentioned were
to offer to roll up chain link fences, offer Floratam sod on the canal
right -of -way if the property owner would irrigate it, offer to mow
once a month, attempt to move fruit trees onto the residents'
property with the understanding that the resident would be
responsible for watering the tree; remove and replace sprinkler
section lines; place removed dock material in yards; and provide a
landscape buffer from the duplexes to the church to screen some of
the view from the houses to the road. Mr. Patty explained that the
Thompson and Earman Rivers were the two largest primary canals
in the City and provided drainage for a very large basin which was
also tied into the West Palm and Riviera Beach basin on the C -17
Canal and regulated at the C -17 S -44 structure. Mr. Patty
explained that after dredging was completed to Holly Drive, the
operation would be moved to the east end of the Earman River at
I -95 dredging east to the Thompson River, then turning north to
Lighthouse Drive, then from Lighthouse Drive to Holly Drive.
The next proposed dredging project was from Military Trail east to
the spillway which would complete the Thompson River
restoration; then the Earman River from Military Trail east to I -95
to complete the Earman River restoration. Mr. Patty estimated one
year to complete the work. Vice Mayor Furtado expressed sorrow
that residents had not been involved. Mayor Russo expressed regret
for the situation but stated drainage was necessary, and urged the
residents to offer constructive comments.
_ CITY COUNCIL REGULAR MEETING, 8/19/99
3
Linda Gildner, 3749 Dogwood, commented their trees had been cut
without asking and questioned what was meant by an access road
behind their house. Apologies were made for cutting the trees.
The Vice Mayor suggested tree surveys in the future before cutting.
Zola Hartman, 10174 Dogwood, commented there was a law that
if someone had used another's property without objection for at
least seven years, they then had a right to use of the property. Ms.
Hartman stated she wished to dispel the flood hysteria since all that
had to be done was to open the gates in a timely manner, and
requested that the City send letters to residents asking them to keep
their storm drains clear. Ms. Hartman explained that her
educational facilities for teaching children had been destroyed and
described problems that had resulted from destroying the habitat
used by alligators, squirrels, and fish.
Bertha Maties Hollich, 9926 Dogwood, expressed her opinion that
the residents had been mislead since she had been told the banks
would be dredged, filled, sodded, and restored, but had now learned
• a roadway would be installed. Mrs. Hollich explained she no
longer felt safe in her back yard since the City was giving anyone
access, was concerned for her children, and was going to lose half
her back yard. Mrs. Hollich expressed her opinion that the City
Council should not approve the current dredging plans but find a
way to dredge that would not devalue properties or disrupt the
environment and residents.
Grant King, 631 Riverside Drive, objected to losing part of his back
yard, to the way the City had let the canal look like a garbage
dump, suggested stopping the project and reconsidering how to do
it, getting rid of the vegetation which was not working to keep the
water clear, deepen the canal, and not encroach on people's
properties. Mr. King stated he was ready to call the tax assessor to
get another assessment since his property was now definitely not
worth what it had been assessed. Mr. King commented the area
that had been cleared had been butchered and urged that the project
be stopped and re- thought.
Linda Madson, 9972 Dogwood, reported that upon receipt of the
letter advising of this project, she had called Public Works and had
been advised a barge would be used and that her property should
• not be disrupted too much. Ms. Madson expressed concern that she
_ CITY COUNCIL, REGULAR MEETING, 8/19/99
•
M
would not be able to use her property in the same way as in the past
and did not want other people to have access, that she had not
received correct information from Public Works, and that many
others who were concerned had not been notified about this
meeting.
Jay Murphy, 3653 Holly Drive, commented that an alternative way
to do the project was from the east side only in the area north of
Holly Drive, and that the City was spending much more than
necessary when the project could be done without disrupting
people's property.
Rebecca Serra, 10105 Dogwood Avenue, stated she did not live on
the canal but did have an inlet going into the canal and supported
the project and believed staff was willing to work with the
residents.
Edee Smaldone, 4321 Dawnridge Street, expressed support for the
project if it would keep swales from flooding at JDM.
40 Jack Tare, 3761 Dogwood, explained he had bought his property
because of the canal, that a beautiful shade tree had been cut down
without permission and Mr. Patty's attitude had been that
opposition would result in jail, and that all the beautiful things in
his yard were gone and could not be replaced. Mr. Tare expressed
his frustration and stated the equipment being used was not for
dredging but ditch digging, and that a dredge line was needed to
dredge from the east side every 6 -7 years and that trees limbs above
the drains could be trimmed from boats. Mr. Tare stated a roadway
was not needed in back of the houses.
Renee Tare, 3761 Dogwood, questioned what the residents were to
do about their sprinkler pipes being removed while the project was
in progress for a year, and what could be done so their property
would not be ruined.
Watson Ray, 9688 Dogwood, commented on the loss of wading
birds, and trees that were not exotics that were being removed. Mr.
Ray stated the Thompson River had always been shallow during the
17 years he had lived there but had been nice, and now looked
worse than it had ever looked. Mr. Ray commented he worked at
• Pratt Whitney and did not know how he could sell his house with
CITY COUNCIL REGULAR MEETING, 8/19/99 5
a road behind it, and expressed his opinion that making the river
wider and deeper would not do any good since the narrow bridge
would impede the flow of water. Mr. Ray requested an answer
from the City's engineers regarding the bridge and the water flow.
Mayor Russo requested that the City Engineer respond to the
comments made by the residents and offer any alternatives that
would lessen any potential for flooding but not damage the quality
of life for residents living on the Thompson River. City Engineer
Lindahl responded that drainage was essential and that people had
gradually moved into the right of way over the years, explained the
planned reconfiguration, responded to the Mayor that staff could
look at making the platform smaller and using smaller equipment,
and that a week to two weeks would be maximum time that a
landowner's yard would be disrupted. Mr. Lindahl commented that
bridges would restrict the energy of water flow but nothing would
be done that was unnecessary, and that each outfall would be
examined as the work progressed and rehabilitated if necessary.
• Councilman Sabatello requested the work be stopped and
reassessed and every effort be made to put into place the best plan
possible and correct what had been done before moving on. Vice
Mayor Furtado stressed that some plant materials must be replaced
as a part of that plan. Councilman Sabatello requested establishing
a policy to assure this would not happen again. Mr. Tare stated he
had an engineering background and suggested the general area
behind his house be made deeper.
Bob Patty commented that a policy had been in place, but a mistake
had been made, only 13 homes had been affected, and a problem
with stopping the project was that mistakes could not be corrected
without establishing an access platform. Mayor Russo stated his
desire that anything the City did in the future must first require a
presentation before the City Council. Mr. Tare invited the City
Council to meet at his home to walk the property. Councilmember
Jablin stated he had walked a part of the property and requested that
staff and the City Council walk the area together. August 23 was
set as the date to walk the property, and August 26 for a workshop
meeting.
Solid Waste Contract
• Extension Discussion took place and advice was given by the City Attorney
_ CITY COUNCIL REGULAR MEETING, 8/19/99 6
0
regarding the proper procedure for handling this issue.
Councilman Jablin made a motion to authorize the City Manager to
negotiate an extension to the contract with Waste Management
based upon the letter presented by the attorney for Waste
Management. Motion was seconded by Councilman Clark, and
carried by unanimous 5 -0 vote.
Vice Mayor Furtado suggested a separate roll -off franchise.
Discussion ensued. Councilman Sabatello expressed his opinion
that if an applicant met the requirements of the RFP then they were
considered qualified; Councilman Jablin stated that his and
Councilman Clark's issue had been different and that all three must
be addressed. Consensus was to adopt a clear, concise RFP policy
and go forward. Mayor Russo requested that the next agenda
include signing of the contract, acceptance or rejection of the bids,
and what should be in future RFPs.
Re -Order Agenda Vice Mayor Furtado made a motion to re -order the agenda for
• discussion of additional items. Councilman Clark seconded the
motion, which carried by unanimous 5 -0 vote.
Traffic Evaluation Consensus was to donate $1,000 to the Traffic Evaluation study
proposed by County Commissioner Newell.
Pratt Whitney Move Mayor Russo reported that the City Council was trying to set a date
for a meeting with Pratt Whitney officials regarding their
announced move from the area.
Route One Mayor Russo reported he had attended a Route One meeting,
reported he had indicated the City would like to be a player, and
requested that a presentation be made to the City Council.
Staff Meeting Mayor Russo reported he had attended a staff meeting and asked
the City Council for a joint meeting with staff in September.
AWARDING OF BIDS
Fire Rescue Councilman Clark made a motion to approve the staff
recommendation to award the bid for purchase of a new fire rescue
unit to Emergency Vehicles, Inc., in the amount of $124,950, and
to authorize the Mayor to execute the agreement. Councilman
• Jablin seconded the motion, which carried by unanimous 5 -0 vote.
_ CITY COUNCIL REGULAR MEETING, 8/19/99 7
0
CONSENT AGENDA Councilman Clark moved approval of the Consent Agenda. Vice
Mayor Furtado seconded the motion. Councilman Sabatello
requested items 1 and 2 be pulled. Councilman Clark withdrew his
prior motion and made a motion to approve item 3 of the Consent
Agenda. Vice Mayor Furtado seconded the motion, which carried
by unanimous 5 -0 vote. The following item was approved on the
Consent Agenda;
1. Resolution 99, 1999 - Consideration of Approval of Tennis
Pro Contract.
Growth Management Director Roxanne Manning addressed Item I
- Resolution 70, 1999 - Consideration of Approval of a Waiver for
Parcel 12.04 N.E. Northlake Boulevard & MacArthur Boulevard
Mixed Use Waiver; and Item 2 - Resolution 71, 1999 -
Consideration of Approval of a Waiver for Parcel 12.05 N.W.
Growth Management Director Manning explained that there would
be no additional traffic because of deletion of the residential
designation.
Councilman Clark made a motion to approve Resolution 70, 1999.
Councilman Jablin seconded the motion, which carried by
unanimous 5 -0 vote.
Councilman Clark made a motion to approve Resolution 71, 1999.
Councilman Jablin seconded the motion, which carried by
unanimous 5 -0 vote.
PUBLIC HEARINGS
Resolution 72, 1999 Mayor Russo declared the public hearing open, duly advertised
6/7/99, postponed from the Regular Meeting of 6/17/99 and
7/15/99, and held on the intent of Consideration of Approval of a
Sign Variance for Gardens Park Plaza. There were no comments
from the public.
Councilman Clark made a motion to continue the public hearing for
Consideration of Approval of a Sign Variance for Gardens Park
Plaza to the 9/16/99 Regular Meeting of the City Council.
Councilman Jablin seconded the motion. Motion carried by
unanimous 4 -0 vote, with Vice Mayor Furtado not in the room at
the time of the vote.
CITY COUNCIL REGULAR MEETING, 8/19/99 8
•
Ordinance 32, 1999 Mayor Russo declared the public hearing open, continued from the
8/5/99 meeting and held on the intent of Ordinance 32, 1999 -
Providing for Annexation of .33 Acres of Land into the City,
Generally Located on the South Side of Idlewild Road; 1/4 Mile
East of Prosperity Farms Road- for consideration of Second
Reading and Adoption. There were no comments from the public.
The annexation process was explained by staff. Mayor Russo
declared the public hearing closed.
Councilman Clark made a motion to adopt Ordinance 32, 1999
upon Second Reading by Title Only. Councilman Jablin seconded
the motion. Motion carried by unanimous 5 -0 vote. The City Clerk
read Ordinance 32, 1999 by Title Only on Second Reading.
Ordinance 34, 1999 Mayor Russo declared the public hearing open, duly advertised
8/5/99, and held on the intent of Ordinance 34, 1999 - Providing
for Amendment to Christ Fellowship Church Conditional Use for
consideration of Second and Final Reading and Adoption. There
were no comments from the public.
• Councilman Clark made a motion to continue Ordinance 34, 1999
to the 9/2/99 meeting. Councilman Jablin seconded the motion.
Motion carried by unanimous 5 -0 vote.
Ordinance 38, 1999 Staff presented Ordinance 38, 1999 - Providing for Curfews - for
Workshop /Consideration of First Reading. Councilman Clark
requested that if possible the wording be changed to delete the word
"unnecessarily ". The City Attorney explained that the wording had
been taken from the applicable Florida Statute. Council directed
that the Ordinance be amended to change the times of the curfew to
correspond to City school hours.
Vice Mayor Furtado made a motion to place Ordinance 38, 1999
on First Reading by Title Only. Councilman Clark seconded the
motion. Motion carried by unanimous 5 -0 vote. The City Clerk
read Ordinance 38, 1999 on First Reading by Title Only.
RESOLUTIONS
Resolution 77, 1999 Staff presented Resolution 77, 1999 - Consideration of Approval of
Hampton Inn Sign Color Change. Petitioner requested script rather
than the block lettering preferred by Councilman Clark, which the
is Resolution did not allow. Discussion ensued.
•
0
CITY COUNCIL REGULAR MEETING, 8/19/99 9
Vice Mayor Furtado made a motion to approve Resolution 77, 1999
with Alternate B inserted. Councilman Jablin seconded the motion,
which carried 4 -1.
Resolution 98, 1999 Councilman Jablin made a motion to approve Resolution 98, 1999 -
Consideration of Approval of Appointments to the Education
Advisory Board, with the names Leslie Miller and Jan Porter
inserted into Section One. Vice Mayor Furtado seconded the
motion, which carried by unanimous 5 -0 vote.
ORDINANCES
Ordinance 28, 1999 Petitioner presented for Workshop /Consideration of First Reading -
Ordinance 28, 1999 - Providing for Rezoning Approval for Catalina
Lakes. Items discussed were the possible inadequacy of equipment
access to rear of homes to install pools and landscaping; parking
concerns, landscaping, concern that the project was too dense for
the site; that there was inadequate green space; that grass should not
go to the edge of the water; and drainage. Councilman Clark stated
he would make a motion in order to move the project along, and
made a motion to place Ordinance 28, 1999 on First Reading
contingent upon the applicant's commitment to address the City
Council's discomforts regarding density, open space, and parking.
Petitioner stated agreement Motion died for lack of a second.
Petitioner was requested to look at access to the sales center, to
move units, and reduce density.
Ordinance 33, 1999 Vice Mayor Furtado made a motion to place Ordinance 33, 1999 -
Providing for Amendment to the Comprehensive Plan of the City
by Changing the Land Use Designation on 33 Acres of Land
Located South of Idlewild Road and 1/4 Mile East of Prosperity
Farms Road - on First Reading by Title Only. Councilman Clark
seconded the motion, which carried by unanimous 5 -0 vote. The
City Clerk read Ordinance 33, 1999 on First Reading by Title Only.
Ordinance 36, 1999 Vice Mayor Furtado made a motion to place Ordinance 36, 1999 -
Providing for Amendment to the Comprehensive Plan of the City
for Howell Lane Property - on First Reading by Title Only.
Councilman Clark seconded the motion, which carried by
unanimous 5 -0 vote. The City Clerk read Ordinance 36, 1999 on
First Reading by Title Only.
ITEMS FOR COUNCIL ACTION
CITY COUNCIL REGULAR MEETING, 8/19/99 10
Revised Tennis Membership
Fees Vice Mayor Furtado made a motion to approve the staff
recommendation for requested increases in tennis membership fees.
Councilman Clark seconded the motion, which carried by
unanimous 5 -0 vote.
Revised Golf Fees Councilman Clark made a motion to approve the revised golf fees.
Councilman Jablin seconded the motion, which carried by
unanimous 5 -0 vote.
Upgrade & Move of
911 Equipment Staff presented a request for approval of the Motorola Proposal to
upgrade and move 911 equipment and dispatch center. Councilman
Clark made a motion to approve the staff recommendation to
approve the Motorola Proposal to upgrade and move 911
equipment and dispatch center. Councilman Jablin seconded the
motion, which carried by unanimous 5 -0 vote.
Joint Meeting with
Lake Park Consensus of the City Council was to direct the Assistant City
Manager to send a letter to Lake Park rather than hold a meeting.
Search Firm for City
Manager Councilman Clark made a motion authorizing the Mayor to sign a
letter hiring a search firm to search for a new City Manager.
Motion was seconded by Councilman Jablin, and carried by
unanimous 5 -0 vote. The City Attorney objected since she had not
seen the letter. Councilman Clark amended the motion, making a
motion authorizing the Mayor to sign a letter hiring a search firm
to search for a new City Manager subject to approval of the City
Attorney. Motion was seconded by Councilman Jablin, and carried
by unanimous 5 -0 vote.
Councilman Sabatello suggested using the search firm to search for
a MIS Manager.
City Birthday Party Consensus was to hold the City's 40' birthday party on October 16
as announced in the brochure put out by the Recreation Department,
with cake, punch and possibly hot dogs provided, and to contact
restaurants to see if they would be willing to donate food. The
Recreation Director was directed to address this situation at the
workshop meeting on August 26.
_ CITY COUNCIL REGULAR MEETING, 8/19/99
•
ITEMS FOR DISCUSSION
11
Labor Attorney The City Attorney reported that six responses had been received
from the RFP for a Labor Attorney, with three to be interviewed.
Mayor Russo suggested possibly waiting to hire a labor attorney
until after a new City Manager was hired.
Engineering Services Costs Consensus was to postpone this item to the August 26 workshop
meeting.
Ordinance for Boards Councilman Jablin pointed out that the new Ordinance for Advisory
Boards conflicted with the Art Advisory Committee. This item was
postponed for discussion at the next meeting.
CITY COUNCIL REGULAR MEETING, 8/19/99
12
ADJOURNMENT There being no further business to discuss, upon motion by
Councilman Clark, seconded by Councilman Jablin, carried 5 -0, the
meeting was a ' ed a 1:30 m.
APPROVAL:
COUNCILMAN D CLARK
COUNCILMAN/CARL SABATELLO
ATTEST:
(L p6A K SIER, CMC, CITY CLERK