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HomeMy WebLinkAboutMinutes Council 050798CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING MAY 7, 1998 The May 7, 1998, 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, and Councilman Carl Sabatello. Councilman David Clark was absent. Councilman Eric Jablin arrived at the meeting at 7:45 p.m. ANNOUNCEMENTS Mayor Russo stated that the announcements were as posted and as listed on the agenda. • REORDER AGENDA Councilman Sabatello made a motion, seconded by Vice Mayor Furtado, to reorder the agenda to first consider the Consent Agenda. The motion passed by a 3 -0 vote. 0 CONSENT AGENDA Councilman Sabatello made a motion, seconded by Vice Mayor Furtado, to approve the Consent Agenda. The motion was unanimously carried. The following items were approved on the Consent Agenda: 1. Minutes of 3/26/98 City Council Workshop. 2. Minutes of 4/2/98 City Council Regular Meeting. 3. Minutes of 4/16/98 City Council Regular Meeting. 4. Proclaiming Sybil Michelson as "Ms. Senior Florida ". 5. Proclaiming May 17 -23/98 as National Public Works Week. 6. Resolution 38, 1998 - Providing for an expression of support by the City Council for immediate construction of pathways and sidewalks at 4 locations within the City; and providing for authorization to apply for the funds for such construction. 7. Resolution 39, 1998 - Providing for support of the extension and double tracking of Tri -Rail and using the Florida Department of Transportation to fund these efforts as a priority before the funding of the High Speed Rail. • CITY COUNCIL REGULAR MEETING, 5/7/98 2 PRESENTATIONS 1. Mayor Russo made a Presentation of Proclamations to Members of Girl Scouts Cadette Troup #11. 2. Mayor Russo made a Presentation of a Proclamation to Sybil Michelson, Ms. Senior Florida. 4. Mayor Russo presented a Certificate to John J. Sheetz for achieving Eagle Scout Rank. 5. The City Manager and Mayor presented Teamwork Awards to employees for performing duties beyond normal job requirements. CITY MANAGER REPORT The City Manager reported that the Golf Digest project was back on schedule and discussed the possibility of a joint meeting with the City's Planning and Zoning Commission in an effort to save time in the approval process. Members of the City Council were opposed to a joint meeting and directed that the 5/28/98 agenda include Golf Digest. The City Manager discussed several mistakes in recent newspaper articles, including Congress Avenue extension and problems • at the Municipal Golf Course. She reported that the state legislature recently passed a bill amending police and fire pensions that would result in a large expense to the City. Mrs. Herakovich stated that the bill was now before the Governor for his signature and contact was being made to urge him to veto the bill. ITEMS BY MAYOR AND CITY COUNCIL Vice Mayor Furtado Vice Mayor Furtado asked that the City take a proactive stance re: Congress Avenue. Vice Mayor Furtado also stated that employees should be warned that any use of AOL at the City would result in termination. Mayor Russo Mayor Russo questioned Code Enforcement staffing, stating that he wanted a fully staffed department so that code enforcement would continue successfully in the City. Councilman Sabatello Councilman Sabatello reported he attended a meeting of the Planning and Zoning Commission and a meeting of the Code Enforcement Board, and added that both boards were running smoothly. CITY COUNCIL REGULAR MEETING, 5/7/98 3 Councilman Jablin Councilman Jablin reported he attended a meeting of the Municipal League that was hosted by the City. Mayor Russo Mayor Russo reported that he attended the International Tennis Federation opening ceremony and attended a meeting of the Tennis Committee. Mayor Russo expressed his concern with overtime in the City's budget and stated that during the budget process he will expect information as to whether it would be in the best interest of the City to hire an additional employee in those departments with high overtime. . G.I1 • � Asbestos Abatement Vice Mayor Furtado made a motion, seconded by Councilman Sabatello, to approve the awarding of the bid for Asbestos Abatement at the Central Fire Station to Simpson and Associates in the amount of $9600. The motion was unanimously carried. Roof Structure - Fire Dept. Vice Mayor Furtado made a motion, seconded by Councilman Jablin, to approve the awarding of the bid for roof structure for the Fire Department (Church) to Metal Shelter Products in the amount of $19,101. The motion was unanimously carried. COMMENTS BY THE PUBLIC Michael Martino Michael Martino, 320 Balsam, addressed the City Council concerning newspaper articles and the City's audit. Ari Brown Ari Brown, 3339 Pine Hill Trail, addressed the City Council with a request for a playground at the proposed Municipal Tennis Complex. PUBLIC HEARINGS: Ordinance 5, 1998 Mayor Russo declared the Public Hearing open, which was duly advertised 4/22/98, and held on the intent of Ordinance 5, 1998, providing for amendment of Section 78 -2 of the Code of Ordinances, entitled "Definitions ", by amending the definition of "restaurant" and by adding a definition of "outdoor seating "; providing for enactment of Section 110 -44 of the Code, entitled "Menu Boards "; providing for amendment of Section 118 -44 of the Code entitled "Administrative Amendments to Approved Development Plans ", by adding a provision for enactment of Section 118 -311 of the Code, entitled • "Outdoor Seating ". There being no comments from the public, Mayor Russo declared the • CITY COUNCIL REGULAR MEETING, 5/7/98 4 0 0 Public Hearing closed. Vice Mayor Furtado made a motion to approve amendments to Ordinance 5, 1998, seconded by Councilman Sabatello and unanimously carried. Vice Mayor Furtado made a motion to adopt Ordinance 5, 1998, and to place same on second and final reading, by title only. The motion was seconded by Councilman Jablin and unanimously carried. The City Clerk read Ordinance 5, 1998, by title only, on second and final reading. Ordinance 8, 1998 Mayor Russo declared the Public Hearing open, which was duly advertised 4/22/98, and held on the intent of Ordinance 8, 1998, providing for an amendment to Section 46 -33 of the City Code of ordinances entitled "Appointment and Terms of Office" to increase the term of office of each member of the Parks and Recreation Advisory Board to three years, providing for an amendment to Section 46 -34 of the Code entitled "Duties" to hold regular meetings of the Board every other month. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Jablin made a motion, seconded by Vice Mayor Furtado, to adopt Ordinance 8, 1998, and place same on second and final reading, by title only. The motion carried unanimously. The City Clerk read Ordinance 8, 1998, on second and final reading, by title only. Ordinance 9, 1998 Mayor Russo declared the Public Hearing open, which was duly advertised 4/22/98, providing for amendment of Section 106 -26 of the Code of Ordinances entitled "Definitions" by amending the definition of development, providing for amendment of Section 106- 29 of the Code entitled "Fee Imposed on Developments ", providing for repeal of Section 106 -30 entitled "Eligible Projects ". There being no comments from the public, Mayor Russo declared the Public Hearing closed. Vice Mayor Furtado made a motion to adopt Ordinance 9, 1998, and to place same on second and final reading, by title only. The motion was seconded by Councilman Jablin and unanimously carried. The City Clerk read Ordinance 9, 1998, on second and final reading, by title only. RESOLUTIONS: Resolution 19, 1998 Mayor Russo read a letter into the record from Woodland Lakes 0 CITY COUNCIL REGULAR MEETING, 5/7/98 5 Property Owners Association requesting that Resolution 19, 1998 be removed from the agenda. It was the consensus of the City Council to continue with this item, as it did not affect any final votes by the Council for approval of the project. Elliott Catarack, resident of Woodland Lakes, verified that the association met and discussed this item, approving the contents of the letter read by the Mayor. Steve Mathison, attorney for Channing Corporation, stated that his client requested that the City Council continue with the agenda as prepared. Mr. Mathison stated that there were requirements that the project must be built as approved and those requirements would be a covenant for the next 20 years. Jay Adolph, 10629 Hickory Drive, addressed the Council stating that he was comfortable with Resolution 19, 1998, for concurrent processing. Lynn Huber, 4365 Hickory, addressed the Council stating that she was in favor of Resolution 19, 1998. Lois Kapica, 11811 Avenue of the PGA, addressed the Council stating her support of Resolution 19, 1998. Michael Martino, 320 Balsam Street, addressed the City Council outlining past Council promises made to residents in the area of the proposed development that stated the area would remain residential only. Vice Mayor Furtado made a motion, seconded by Councilman Jablin, to approve Resolution 19, 1998, approval of a Development Agreement between the City and Charming Corporation XXX for property known as "The Commons ", Parcels 1, 2 and 3. A question arose as to possible litigation by the petitioner should the project not be approved by the City Council. Vice Mayor Furtado withdrew her motion, and Councilman Jablin withdrew his second to the motion. Attorney Steve Mathison suggested, and the City Council agreed, to . add the following condition to the Developer's Agreement: "Charming Corporation waves any right to sue the City regarding anything arising from this agreement ". 0 CITY COUNCIL REGULAR MEETING, 5/7/98 6 Vice Mayor Furtado made a motion to approve Resolution 19, 1998, as amended. Councilman Jablin seconded the motion, which unanimously carried. ORDINANCES: Ordinance 7, 1998 Councilman Jablin made a motion, seconded by Vice Mayor Furtado, to place on first reading, Ordinance 7, 1998, providing for amendment of Section 118 -38 of the Code of Ordinances, entitled "Submission of Application ", by adding provisions regarding the concurrent processing of petitions. The motion was unanimously carried. The City Clerk read Ordinance 7, 1998, by title only, on first reading. Ordinance 10, 1998 Councilman Jablin made a motion, seconded by Councilman Sabatello, to place Ordinance 10, 1998, providing for amendment of the Site Plan for the Planned Unit Development known as "Steeplechase ", on first reading, by title only. The motion was unanimously carried. The City Clerk read Ordinance 10, 1998, on first reading, by title only. ITEMS FOR COUNCIL ACTION District Park Site The City Manager reported staff had negotiated a purchase agreement for acquisition of land from the MacArthur Foundation for a district park site. Response to discussion regarding the possibility of closing the agreement after the 60 -day review period was that the MacArthur Foundation was letting the City use the land for two years free and allowing them to build on it. The City Manager advised that an environmental assessment had been completed and revealed no prior uses which would hinder use of the property for the purpose intended. Councilman Jablin made a motion to authorize the Mayor and City Manager to enter into a lease purchase agreement with the MacArthur Foundation commencing May 8, 1998 and continuing through May 8, 2000 for 3 3.3 2 acres of land for a park, seconded by Vice Mayor Furtado, and unanimously carried 4 -0 Tennis Center The Evaluation Committee had evaluated presentations from three firms experienced in the design build method which had been chosen for construction of the proposed tennis center, and recommended authorization of the City Manager to negotiate and enter into a • CITY COUNCIL REGULAR MEETING, 5/7/98 7 0 contract with Recreational Design and Construction, Inc., of Ft. Lauderdale, Florida in an amount not to exceed $1.1 million. The design build process was explained. In response to how under this process the City could be assured they were not paying too much, Joe Serone with Recreational Design and Construction, Inc., explained the team concept of building without cost overruns, and with the advantage of speed, and recommended certain provisions be placed into the contract. Councilman Sabatello stated it was his understanding that there would be line items with specific amounts to equal the total contract, and if items came in less that would be a savings to the City. The City Attorney explained that this process required the municipality to have some basic knowledge as to how much the project cost; and the City Manager listed the negotiation qualifications of staff members. Sources of funding to be spread over 2 fiscal years were discussed, as well as the desire to obtain a quality product. Councilman Jablin made a motion to authorize the City Manager to enter into negotiations with Recreation Design and Construction, Inc. of Ft. Lauderdale to build a tennis center in an amount not to exceed $1.1 million. The motion was seconded by Councilman Sabatello, and unanimously carried 4 -0. ITEMS FOR DISCUSSION NAMAC Report Fire Chief Peter T. Bergel provided a history of the NAMAC group, whose operations included Fire, Police, and hazardous materials. Chief Bergel reported that a feasibility study exploring the possibilities of a centralized dispatch for participating members had been completed. Fire Chief Bergel reported that Palm Beach Gardens dispatch was currently provided by Palm Beach County Fire Rescue at a good price, and that NAMAC was not anticipated to greatly impact the City's operation, which included an automatic aid agreement with Palm Beach County Fire Rescue in which the closest unit for response was located via satellite. Impacts to the City resulting from Palm Beach County's plans to close Station 16 were discussed. The Frenchman's Creek development's need for a south gate to increase response time was discussed. Fire Chief Bergel expressed his opinion that the City should be able to negotiate a better price with Palm Beach County Fire Rescue for services, and felt that the City's participation in NAMAC was beneficial to the other NAMAC members because of Palm Beach Gardens' resources, and explained that NAMAC's calls to the City were very few. • CITY COUNCIL REGULAR MEETING, 5/7/98 8 MacArthur Foundation Comments on Comp Plan Principal Planner Kim Glas reviewed staff recommendations to comments made by the MacArthur Foundation. Joe Ivey, with the planning firm of Ivey, Harris & Walls, explained that the MacArthur Foundation's position on eliminating the requirement for residential land use in a mixed use development was that their market, as well as the City's, would be drastically narrowed. Mr. Ivey requested City Council approval to work with staff to find a resolution that could work for both the MacArthur Foundation and the City regarding this issue. After discussion, staff was directed to go through the maps and designate residential areas. Mr. Ivey requested discussion with staff regarding how the MacArthur Foundation might overcome the DCA requirement to have at least two different land uses for special circumstances when agreed to by staff. Mr. Ivey requested that previously approved projects be vested for densities. Further research on this item was directed. Ms. Glas explained that waivers could be requested to professional office height limits. Ms. Glas commented that MacArthur Foundation desired the ability to provide private • roads in the conceptual thoroughfare plan, and staff `s position was that this plan was for public roads and recommended any roads not appropriate for public roads be eliminated. Mr. Ivey requested ability to work out with staff when on- street parking would be appropriate, rather than including it within the Comprehensive Plan. Staff was directed to come to City Council if they believed flexibility should not be given. Ms. Glas commented that staff did not recommend reduction of the parkway easement because it would reduce the amount of native vegetative area which made it a Florida Greenway, and the Comprehensive Plan already allowed flexibility in averaging the easement to accommodate meandering situations. It was agreed that Mr. Ivey would be shown the Excavation and Fill code currently under revision to answer the MacArthur Foundation's concerns regarding commercial mining and allowing removal of fill from the Loxahatchee Slough. Mr. Ivey was directed to discuss additional issues of concern with staff. CITY ATTORNEY REPORT City Attorney Acton commented that the Excavation and Fill code had been addressed, drafted, and was currently undergoing staff review. The City Attorney advised that since the last meeting the • Circuit Court Appellate Division had issued an order to show cause in the NorthMil matter, and a response on behalf of the City would be filed before the June 8 deadline. • CITY COUNCIL REGULAR MEETING, 5/7/98 9 ADJOURNMENT APPROVAL: There being no furt r business to discuss the meeting was adjourned 5 PH R. RUSSO VICE MAY UR LAUREN FURTADO COUNCILm/kN CARL SABATELLO ATTEST: LIN V. KOSIER, C, CITY CLERK