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HomeMy WebLinkAboutMinutes Council 040298• CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING APRIL 2, 1998 The April 2, 1998, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:30 p.m. by Vice Mayor Lauren W. Furtado 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: Vice Mayor Lauren W. Furtado, Chairman Pro Tern Eric Jablin, and Councilman David Clark. Mayor Joseph Russo arrived at 8:15 p.m. Councilman Carl Sabatello was absent from the meeting. REORDERING OF AGENDA Upon request by the applicant in regard to Resolution 19, 1998, Councilman Clark made a motion to reorder the agenda to allow Resolution 19, 1998 to be considered next on the agenda. Motion • was seconded by Chairman Pro Tem. Jablin, and unanimously carried by vote of 3 -0. RESOLUTION 19, 1998 Steve Mathison, attorney for Channing Corporation, requested that the City Council postpone Resolution 19, 1998 to the May 7, 1998 City Council meeting. Mr. Mathison explained that the applicant needed more time and had been working very diligently to answer neighbor's questions and to include them in the project process. Councilman Clark made a motion to postpone consideration of Resolution 19, 1998 to approximately 7:30 p.m. on May 7, 1998. The motion was seconded by Chairman Pro Tem Jablin, and unanimously carried by vote of 3 -0. ANNOUNCEMENTS Vice Mayor Furtado stated that announcements were as posted. CITY MANAGER REPORT City Manager Herakovich announced that Saturday, April 18, 1998 from 9:30 a.m. until noon was the Beautiful Palm Beaches Clean Up, when residents and employees would be invited to assist in a City- wide clean up. Meeting time was set for 8:30 at City Hall. Vice AINk Mayor Furtado requested that businesses be invited to participate. City Manager Herakovich announced that the Florida League of Cities 0 CITY COUNCIL REGULAR MEETING 4/2/98 PAGE 2 0 PRESENTATIONS PGA/Alternate A 1 A Flyover AWARDING OF BIDS was accepting applications and registration for their annual conference on August 13 -15 in Miami Beach. Jeff Bowman, Reynolds, Smith & Hill, presented a status update on the PGA flyover, and stated that the basic concept for the PGA improvements of the intersection had not changed since the last presentation to the City Council, and described the other major improvements as a loop ramp in the southeast quadrant of the interchange, and a direct connect flyover from south -bound Alternate A 1 A to the south -bound I -95 ramp. Mr. Bowman explained that major concerns of the City Council of traffic maintenance, length of time to complete the project, and the amount of disruption to PGA Boulevard were being considered, and that an attempt to improve traffic would include shifting alignment to the south so the east -bound roadway would be built on new soil. Mr. Bowman stated that the new roadway addition, the loop ramp, and the direct connector flyover would be built without disrupting the traffic flow on PGA Boulevard. Patrick Glass, FDOT Project Manager, stated that he would discuss the issue with FDOT. Mr. Bowman explained that the issue of widening the bridge over I -95 had been entered into at the public hearing, and would therefore have to be addressed. Sidewalk Linkage Contract City Manager Herakovich reported that staff recommended piggybacking onto Palm Beach County's sidewalk contract and to award an amount not to exceed $40,000 to Wynn & Sons Environmental Construction, Inc., to complete the sidewalks on Lilac Street from Military Trail east to Plant Drive, and on Plant Drive from Lilac south to Holly Drive. Councilman Clark made a motion to accept the staff recommendation. Chairman Pro Tern Jablin seconded the motion, which carried by unanimous 3 -0 vote. Bid for Fencing City Manager Herakovich reported that staff recommended piggybacking onto the Palm Beach County School Board fencing contract in the amount of $13,714.79 to be used at the Westminister site. Councilman Clark made a motion to accept the staff recommendation. Chairman Pro Tern Jablin seconded the motion, which carried by unanimous 3 -0 vote. • CITY COUNCIL REGULAR MEETING 4/2/98 PAGE 3 ITEMS BY MAYOR AND COUNCIL It was the consensus of the City Council to postpone this item until later in the meeting. !* COMMENTS FROM THE PUBLIC Linda Hughey, Reed Drive, referenced an article in the Palm Beach Post about the Village Council of Royal Palm Beach conducting background checks on volunteers, and questioned whether the City had done this. Vice Mayor Furtado explained that the YAA had conducted background checks and that anyone who volunteered for a City program was subject to a background check, which cost the City approximately $40,000 annually. Sue Williams, 10873 Magnolia Street, expressed her concern regarding enforcement of the code to prevent residents from placing tree limbs at curbs before pick -up day, and recommended that a notice be placed in the newsletter and that no warning be given. Bob Patty, Public Works Director, advised Ms. Williams to call Public Works when she saw limbs out before pick -up day. Ms. Williams questioned the status of the Boat/RV ordinance, to which Growth Management Director Roxanne Manning responded that the ordinance was currently in effect. Mayor Russo arrived at this point in the meeting, at 8:15 p.m. CONSENT AGENDA Mayor Russo expressed his desire to honor the Eagle Scouts. It was the consensus of the City Council to schedule the Girl Scouts to attend the May City Council meeting to receive certificates. Councilman Clark made a motion to approve the Consent Agenda as submitted. Chairman Pro Tern Jablin seconded the motion, which carried by unanimous 4 -0 vote. The following items were approved on Consent Agenda: 1. Proclaiming April 5 -11, 1998 as "International Building Safety" Week. 2. Proclaiming that Lindsay Curry has earned her Girl Scout Silver Award. 3. Proclaiming that Leah Giordano has earned her Girl Scout Silver Award. 4. Proclaiming that Monique Abrishami has earned her Girl Scout Silver Award. 5. Proclaiming that Lindsey Erbrick has earned her Girl Scout Silver Award. 0 CITY COUNCIL REGULAR MEETING 4/2/98 ORDINANCES PAGE 4 6. Proclaiming that Megan Marron has earned her Girl Scout Silver Award. 7. Proclaiming that Candice McArdle has earned her Girl Scout Silver Award. 8. Proclaiming May 3 -9, 1998 as "Safe Drinking Water" Week. 9. Resolution 28, 1998 - Consideration of Approval to Oppose the Proposal before the Constitutional Revision Commission regarding Sovereign Immunity. 10. Resolution 30, 1998 - Consideration of Approval Supporting the Metropolitan Planning Organization of Palm Beach County in its Recommendation to Oppose House Bill 3313, House Bill 3583 and Senate Bill 92, Which is a Proposed Amendment to the Eminent Domain Laws. ORDINANCE 19, 1998 Mayor Russo reported he had had a conversation with the City Attorney regarding Ordinance 19, 1998 and that for him to vote for this ordinance the petitioner would have to waive their legal rights as Sfar as suing the City over any procedural issues because of it being a concurrent issue. ORDINANCE 5, 1998 Growth Management Director Roxanne Manning presented highlights of Ordinance 5, 1998 which would allow outdoor seating, and discussed measures taken to reduce negative impacts. Ms. Manning explained that changes had been made to accommodate stand -alone restaurants. Ms. Manning reviewed changes in the Ordinance which had been made in response to public comments. Ed Oliver, Oliver & Glidden Architects, representing Frank Callander of River House Restaurant, stated their concerns had essentially been met and clarified that in an outdoor casual seating situation where food and drink was not being served, but where people were enjoying the view before and after dinner, that the casual seating would not increase the restaurant's seating capacity. Other examples of types of seating and ADA requirements were discussed. Councilman Clark made a motion to place Ordinance 5, 1998 on first reading by title only. Vice Mayor Furtado seconded the motion, which carried by unanimous 4 -0 vote. The Deputy City Clerk read Ordinance 5, 1998 by title only. ITEMS FOR COUNCIL ACTION • CITY COUNCIL REGULAR MEETING 4/2/98 PAGE 5 Vice Mayor Furtado Vice Mayor Furtado shared a letter from Code Enforcement to a resident, stated she did not like the tone of the letter, and that the resident had been trying to resolve the matter for a year. The Vice Mayor stated that if the City could grandfather in recreational vehicles, they could also grandfather commercial vehicles that did not fit the code criteria. The City Manager reported the first letter sent was friendly. Discussion ensued regarding variances. Linda Hughey commented on inconsistency in code enforcement. After further discussion, staff was directed to revisit the code regarding grandfathering in commercial vehicles and to report back to the City Council on the projected effect. In response to a question from Vice Mayor Furtado, the City Manager explained that a report on the Richard Road property would be given to the City Council at the end of May. Vice Mayor Furtado recommended the City work with Seagull Industries to benefit residents who could not otherwise find jobs. Chairman Pro Tem Jablin Chairman Pro Tem Jablin requested a legal opinion from the City • Attorney as to whether the Education Advisory Board, along with other educational advisory boards, could sponsor a School Board candidate forum for the upcoming election. Mayor Russo Mayor Russo reported he had attended a Municipal League meeting, and Riviera Beach was pursuing the fair share zip codes. Mayor Russo commented that the Economic Advisory Group for North County had met, and that the Deputy City Clerk would contact members who had not been attending to encourage attendance. Vice Mayor Furtado expressed concern that the economic development groups were not targeting established businesses and that there was a lot of miscommunication. Mayor Russo reported he had attended the Gardens Presbyterian Church groundbreaking ceremony, and a PBGHS vs. Dwyer High School baseball game where he threw the first pitch. The Mayor stated the tennis courts would not be leaving as reported in the Jupiter Courier. The Mayor reported that the parks bid could not be separated from the rest of the Municipal Complex project and still meet scheduled dates. Mayor Russo reported there had been several break -ins into cars at parks, and the police planned to launch an informational campaign to advise residents not to leave items in view on car seats. • CITY COUNCIL REGULAR MEETING 4/2/98 PAGE 6 CITY ATTORNEY REPORT Attorney Carole Post explained the legal aspects of bidding on the Municipal Complex project, and that there was not enough time before the bid date to restructure documents in order to bid items separately. Attorney Post commented that if a successful low bidder was over budget that the City had the power to negotiate without going through the whole process of re- bidding. ADJOURNMENT There being no further business to discuss, upon motion by Chairman Pro Tern Jablin, seconded by Councilman David Clark, the meeting was adjourned 9:17 p. APPROVAL: _ OSEPH R. RUSSO . 1-1- 64') r"'Z -/ , VIC �REN FURTADd- ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILN CARL SABATELLO ATTEST: CINDY HARDY, DEPUTY CITY C RK 4),