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HomeMy WebLinkAboutMinutes Council 021998CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING FEBRUARY 19, 1998 The February 19, 1998, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:56 p.m. in the City 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 following elected officials were found to be in attendance: Mayor Joseph R. Russo, Councilwoman Linda Monroe, Councilman Eric Jablin and Councilman David Clark. Vice Mayor Lauren W. Furtado was absent from the meeting. RESOLUTION 2, 1998 In response to a question by Mayor Russo, David Acton, City Attorney, stated that it was Council's decision exclusively whether or not hear Resolution 2, 1998 tonight. He stated that the position of the petitioner would be a good thing for the Council to obtain before it made a decision about whether to postpone Resolution 2, 1998. • Larry Smith, representing the petitioner, requested that the Council postpone Resolution 2, 1998 until all Councilmembers were present. It was the consensus of the Council that it would not hear testimony from the residents tonight due to the absence of Vice Mayor Furtado and that Resolution 2, 1998 be postponed until March 5, 1998, when a full Council would be available. Mayor Russo stated that Vice Mayor Furtado was absent tonight because of a death in her family. Councilwoman Monroe made a motion to postpone Resolution 2, 1998 to the meeting of March 5, 1998. Councilman Clark seconded the motion which carried unanimously. PRESENTATIONS: Award of Excellence to the Fire Department Pete Bergel, Acting Fire Chief, introduced Vicki Wade, Public Education Specialist, and Richard Slawson, founder of the Slawson Foundation for Children. Ms. Wade stated that her job was to train is the public in fire safety and injury prevention. She stated that the award was won in a partnership with Richard Slawson of the Richard CITY COUNCIL REGULAR MEETING 2/19/98 Page 2 Slawson Foundation for Children. Ms. Wade stated that Mr. Slawson had joined and supported the Fire Department in the Drowning Prevention Program and County -wide Poster Contest. Richard Slawson stated that it was a privilege and an honor to work with the community and the Fire Department, in particular Vicki Wade, who comes up with tremendous ideas which his firm believes help save lives, prevent drowning, prevent fires and educate our children so they can also help in the prevention of injuries. Craig Hauhn, Florida Fire Chiefs Association, presented an awards to the Palm Beach Gardens Fire Department and the Slawson Foundation for Children and a check in the amount of $500 to the Fire Department for their outstanding efforts. Mr. Haughn introduced Larry Skobida, Executive Director, and Bob Ware, South East Regional Director. City Manager Herakovich and Mayor Russo presented Linda Kosier, City Clerk, with a 15 year service award pin. Ms. Herakovich stated • that Ms. Kosier has worked for the City since 1983. City Manager Herakovich and Mayor Russo presented Janice Rausch with a plaque who served as a member of the Code Enforcement Board from November 1991 until November 1997. City Manager Herakovich and Mayor Russo presented William Mignogna a plaque who served as a member of the Planning and Zoning Commission from September 1993 until November 1997. CITY MANAGER REPORT: City Manager Herakovich stated that a tour of Frenchmens Forest had been scheduled for Saturday, February 21, 1998 at 10 a.m. She stated that the Annual Fire Department Open House was scheduled for Saturday, February 21, 1998 from 10 a.m. to 2 p.m., as well as the opening day of Little League baseball. Ms. Herakovich stated a workshop was scheduled for February 26, 1998. She requested an Executive Session to discuss I.A.F.F. bargaining unit contract with the Council on February 26. The Executive Session was scheduled for Thursday, February 26, 1998 at 7 p.m. Ms. Herakovich stated that a reception to recognize City volunteers, CITY COUNCIL REGULAR MEETING 2/19/98 Page 3 advisory board committee members, and outgoing Councilwoman Monroe had been scheduled for March 11, 1998 from 5:30 p.m. to 7:30 p.m. Ms. Herakovich stated that a public hearing had been scheduled by FDOT for the PGA Boulevard and Alternate AlA reconfiguration which would be held on February 26 and March 12. Ms. Herakovich stated that staff would be attending the meetings. Ms. Herakovich stated that she attended the PGA CAN meeting and that there was a request to place the consideration of no objection to the issue of PGA gates on an upcoming agenda. Ms. Herakovich stated that Paul Friedman, Management Administrator, attended the Boca Raton meeting on the FEC train whistle. Mr. Friedman presented a brief report of the meeting to the Council. Mr. Friedman presented an update on the Municipal Complex project. 40 reviewed stated that staff had received the 95% drawings which were being reviewed by Jack Hanson, Building Official, and Bill Mignogna's firm. Mr. Friedman stated that they would be meeting with the Art Advisory Board soon to discuss art in public places. He stated that the City Engineer and ADG's Civil Engineer had met to discuss site plan issues. Mr. Friedman stated that the Technical Services Committee was evaluating hardware choices. Mr. Friedman stated that positive meetings had been held with the Fire Department to discuss relocating the fire staff to the church property until the completion of the remodeling of the fire station. He stated that the Fire Department staff would be moved into the church property by May 15, 1998 so that construction could start concurrently. Ms. Herakovich stated that ADG would be at the February 26, 1998 workshop to present an update of the project. Mr. Friedman stated that the construction documents were being reviewed by the City Attorney as well as being reviewed by another firm. He stated that the City Forester had been working with the landscape architecture. Mr. Friedman stated the construction manager would be reviewing invoices from the architects and all vendors before they are submitted for payment. Staff, MCAT and ADG will hold a 95% completion meeting on March 3, 1998. Mr. Friedman stated that a general contractor from Bill Mignogna's firm, who had a ~• CITY COUNCIL REGULAR MEETING 2/19/98 Page 4 tremendous amount of construction experience and had worked on numerous number of public projects, had been added to the MCAT Team. Mr. Friedman stated that the City had to contract out for an outside asbestos abatement investigation and as a result of the investigation learned that asbestos was present in all buildings at minimal levels. Mayor Russo requested that Council be presented with an asbestos report at the next meeting. Mr. Friedman stated that there were two formats of asbestos; air borne which was of danger, and nonfriable, which was found in ceilings, tiles, linoleum and dry wall compound. He stated that as long as the nonfriable absetos was not disturbed, there was no problem, in that the asbestos found at City Hall was of the nonfriable kind. AWARDING OF BIDS: • EAP Request for Proposal Councilwoman Monroe made a motion to approve the awarding of the RFP for Employee Assistance Program to The Children and Family Services of Palm Beach County, in the amount of $8,112. The motion was seconded by Councilman Clark and unanimously carried. Dump Truck Councilwoman Monroe made a motion to approve staff's recommendation to piggy -back off Palm Beach County Fleet Management contract and award the bid for a one ton dump truck to Ed Morse Chevrolet in the amount of $29,586. The motion was seconded by Councilman Clark and unanimously carried. ITEMS BY MAYOR & COUNCIL: Councilwoman Monroe Councilwoman Monroe stated that there was a Beautiful Palm Beaches grant opportunity available and presented staff with the information. In response to a question by Councilwoman Monroe, Ms. Herakovich stated that the mockup version of the City sign would be presented at the February 26, 1998 Council workshop. Councilman Jablin Councilman Jablin stated that he attended the CAN Annual meeting • and that City Manager Herakovich and staff did a great job of presenting where the City was with the municipal complex project. 0 is CITY COUNCIL REGULAR MEETING 2/19/98 Page 5 Mayor Russo Mayor Russo stated that he attended a Tennis Committee meeting and that the Committee supported the City 100% to build the courts on the site near Duncan Middle School. Mayor Russo stated that the attended a Municipal League Meeting and briefed the Council on the discussion that took place. Mayor Russo stated that the City would host the General Membership Meeting on April 22, 1998 at the Burns Road Community Center. COMMENTS FROM THE PUBLIC Ray Celedinas, Sr. Ray Celedinas, Sr., business owner on Northlake Boulevard, addressed the Council regarding the formation and purpose of the Northlake Boulevard Task Force. Councilwoman Monroe provided a brief history of the formation and purpose of the Task Force. She stated that the next meeting would be held on March 11, 1998 in the Council Chambers at North Palm Beach. CONSENT AGENDA: Councilwoman Monroe requested that Item #4 and Councilman Jablin requested that Item #6 on the Consent Agenda be pulled for amendments. Councilman Clark made a motion approve the Consent Agenda with Items #4 and #6 removed. Councilman Jablin seconded the motion which unanimously carried. The following items were approved on the Consent Agenda: 1. Approval of 1/29/98 City Council Workshop Minutes. 2. Approval of 1/29/98 Joint Meeting with City of Riviera Beach Minutes. 3. Approval of 2/5/98 Local Planning Agency Minutes. 5. Resolution 12, 1998 - Consideration of Approval for an Expression of Opposition to Florida House Bill 3291. 7. Resolution 18, 1998 - Consideration of Approval Providing for Support of Permanent and Consistent Funding for Regional Planning Councils. Councilman Clark made a motion to approved the Minutes of 2/5/98 with an amendment on Page 4, three paragraphs from the bottom as follows: delete the word "much" and replace with the word "sufficient ". The motion was seconded by Councilwoman Monroe which unanimously carried. CITY COUNCIL REGULAR MEETING 2/19/98 Page 6 Resolution 15, 1998 It was the consensus of the City Council that the Education Advisory Board draft a resolution to support vocational magnet schools to present to Council for their approval which would be forwarded to the Palm Beach County School Board. Councilman Jablin made a motion, seconded by Councilwoman Monroe to approve Resolution 15, 1998. The motion carried unanimously. PUBLIC HEARINGS: EAR -Based Amendments Mayor Russo declared the public hearing open, which was duly advertised on February 12, 1998. Kim Glas, Principal Planner, stated that the public hearing was to consider the Local Planning Agency's recommendation to transmit the EAR -Based amendments and requested that the proceedings of the Local Planning Agency meeting be made a part of the record for the public hearing so that all of the testimony and discussion does not have to be repeated. Ms. Glas stated that staff recommended approval of the EAR -Based Amendments as modified by the ERRATA Sheet and modified by the Local Planning Agency in policies 1.1.5.A. I and 1.1.5.LA.2. Councilman Clark Monroe made a motion, seconded by Councilwoman Monroe to submit the EAR -Based Amendments to the Department of Community Affairs of the staff initiated EAR -Based Amendments to the Comprehensive Plan. The motion carried unanimously. Resolution 19, 1998 Kim Glas, Principal Planner, stated that this was a request for concurrent processing. She stated that staff received three petitions for small scale amendments on December 1, 1997. Ms. Glas stated that the three petitions were still in the sufficiency stage and where not complete applications that had been moved to the review process. Ms. Glas stated after meeting with the petitioner, staff felt that it would be helpful for the specific site plans for the parcels to be processed concurrently with the land use amendments. She stated that the use of the land being processed was a mixed use. Ms. Glas stated be by seeing the proposed concept plans, it would help staff to • understand what was being proposed by the petitioner. Ms. Glas stated that in this case staff was advocating that the City consider CITY COUNCIL REGULAR MEETING 2/19/98 Page 7 concurrent processing of the site plan with the land use changes. She stated that the Council policy established by Resolution 148, 1996 which prevented concurrent processing without Council approval. Ms. Glas stated that Council's approval would come by means of a developer agreement which had been prepared by way of Resolution 19, 1998. Ms. Glas stated that staff recommended the petitioner work with the surrounding residents at the preapplication stage which was why there was so much interest in the petition at this early stage. In response to a question by Mayor Russo, David Acton, City Attorney, stated that the approval to allow staff to proceed with both of the petitions simantenously does not mean that the Council would see any of the site plans, and that only staff would see the site plans at the same time as seeing the amendments being processed but would not be brought to Council until the amendments were presented for consideration first. Roxanne Manning, Growth Management Director, stated that they would present the petitions to Council together and that if the Council did not approved the land use change, the zoning changes would not be approved either. In response to a question by Mayor Russo, Ms. Glas stated that staff supports the concurrent process request because it was mixed use and the size of the parcels. Ms. Glas stated that it was not clear that a mix of uses could be accomplished on the parcels until staff saw a concept plan. Hank Skokowski, representing the petitioner, stated that the properties that were the subject of the three language plan amendments were on PGA Boulevard and were already subject to the overlay district and were mandatory planned unit developments. Mr. Skokowski stated that the City was in the process of developing standards and guidelines and controls that would guide the City in the future to accomplish mixed use. He stated that the best vehicle of understanding how to properly regulate the guide to this type of development was to look at it in its physical form. Mr. Skokowski stated that the petitioner was very clear that they were at risk and that by Council allowing them to concurrently process these petitions would not mean that they Council was under any obligation to approve the zoning application. • Mayor Russo stated that Council received a letter from the different homeowner associations and that residents were in attendance to CITY COUNCIL REGULAR MEETING 2/19/98 Page 8 speak before Council. Jay Adolph, 10690 PGA Boulevard, requested that the Council take no action until the petitioners has provided the residents with additional information. Dan Schusterman, BallenIsles resident, voiced his concern about there being no criteria for mixed use and agreed with all parties to tonight regarding how to proceed with the petitioners request. Joe Orlando, 5500 Tamblerlane, requested that the staff taken into consideration the traffic count into consideration when reviewing the petitions. Ms. Manning stated that the next Planning and Zoning Commission meeting had been canceled and that staff would hold a public information meeting on Tuesday, February 26, 1998 at 7:30 p.m. to discuss the concept of "The Commons ". Mayor Russo stated that staff would notify the homeowners of where the meeting would be held. Resolution 19, 1998 was postponed until the March 19, 1998 City Council meeting. Ordinance 1, 1998 Mayor Russo declared the Public Hearing open, which was duly advertised 2/4/98 and held on the intent of Ordinance 1, 1998, providing for an amendment to Section 38 -88, Subparagraph (a) of the Code, Entitled "Codes and Standards Adopted" of Chapter 38 Entitled "Fire Prevention and Protection ", to Update Reference to Standard Codes. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilwoman Monroe made a motion, seconded by Councilman Clark, to adopt Ordinance 1, 1998 and to place it on second and final reading by title only. The motion was unanimously carried, and the Deputy City Clerk read Ordinance 1, 1999, by title only, on second and final reading. Ordinance 2, 1998 Mayor Russo declared the Public Hearing open, which was duly • advertised 2/4/98 and held on the intent of Ordinance 2, 1998, providing for a Waiver to Art in Public Places for Doubletree Hotel. There being no comments from the public, Mayor Russo declared the CITY COUNCIL REGULAR MEETING 2/19/98 Public Hearing closed. Page 9 Councilwoman Monroe made a motion, seconded by Councilman Clark, to adopt Ordinance 2, 1998 and to place it on second and final reading by title only. The motion was unanimously carried, and the Deputy City Clerk read Ordinance 2, 1998, by title only, on second and final reading. Ordinance 3, 1998 Mayor Russo declared the Public Hearing open, which was duly advertised 2/4/98 and held on the intent of Ordinance 3, 1998, providing for a an amendment to Division 3 of Chapter 2 of the Palm Beach Gardens Code of Ordinances Entitled "Education Advisory Board ", Specifically Section 2 -132 "Composition; Appointments; Terms ", Section 2 -135 "Duties and Responsibilities. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Jablin made a motion, seconded by Councilman Clark, to adopt Ordinance 3, 1998 and to place it on second and final reading by title only. The motion was unanimously carried, and the Deputy City Clerk read Ordinance 3, 1998, by title only, on second and final reading. RESOLUTIONS: Resolution 13, 1998 Councilman Clark made a motion to adopt Resolution 13, 1998 with the change to Condition #8 as follows: deleting the word "need to" and substituting the word "shall" and inserting the language "prior to issuance of the building permit ". Councilwoman Monroe seconded the motion which unanimously carried. Resolution 14, 1998 Councilman Clark made a motion to approved Resolution 14, 1998, seconded by Councilwoman Monroe. Councilman Clark made a motion to withdraw the motion, seconded by Councilwoman Monroe. The motion unanimously carried. Councilman Clark made a motion, seconded by Councilman Jablin, to adopt Resolution 14, 1998 with the amendment as follows in Section 1, second paragraph: delete the wording "and common landscaping ", and adding a new sentence to read: Common area landscaping shall be installed prior to the issuance of the first certificate of occupancy or prior to December 31, 1999 whichever comes first." The motion unanimously carried. r] f CITY COUNCIL REGULAR MEETING 2/19/98 Page 10 Resolution 16, 1998 Councilman Jablin made a motion to adopt Resolution 16, 1998 with the amendment as follows: delete Section 7 in its entirety and by appointing the following members: Ron Sadaka, Dr. Alan Sara, Monika Adams, Jan Porter, Nona Helsel, Murtaza Kakli and Anne S. Berg. Councilwoman Monroe seconded the motion which unanimously carried. Resolution 17, 1998 Councilwoman Monroe made a motion, seconded by Councilman Clark, to adopt Resolution 17, 1998, consideration of Appointments of the Election Officials for the General Election to be held in the City on 3/10/98 and the run -off election on 3/24/98 if same shall be necessary. The motion unanimously carried. ORDINANCES: Ordinance 4, 1998 ADJOURNMENT APPROVAL: Ordinance 4, 1998 was postponed until the March 5, 1988 Council meeting. There being no further business to discuss, the meeting was adjourned at 10zA6' rPHRRUSSO VICE MAYOR LA W. FURTADO a � COUNCILMAN DAVID CLARK ATTEST: 0 &'4 CINDY WARVEV, DEPUT CITY CLERK