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HomeMy WebLinkAboutMinutes Council 091798• CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING SEPTEMBER 17, 1998 The September 17, 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, Councilman Eric Jablin and Councilman Carl Sabatello. Councilman David Clark was absent from the meeting. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted. CITY MANAGER REPORT City Manager Herakovich announced that $66,674 had been • received from the City's Annual Auction. The City Manager announced that the County Commissioners had determined to go forward with a March 9, 1999 county -wide referendum for park acquisition which could include the City's option to purchase land for a district park. The City Manager explained that the Department of Environmental Resource Management would be identifying additional lands to be included in the next Environmentally Sensitive Lands program, some of which might be within the City. City Manager Herakovich announced 122 applications for the position of Assistant City Manager had been received and reported interviews for the final 6 -8 candidates would be held later this month. The City Manager announced that the Palm Beach Municipal League would be holding their regular meeting on September 23, 1998 at Greenacres City Hall with discussion regarding the Florida Constitution revisions, and they would also hold a joint meeting with the School Board, Municipal League Board, and the Board of County Commissioners on November 30 from 3 -5 p.m. The City Manager reported work on Golf Digest was progressing and the petitioner would like to schedule first reading October 1 • with second reading on October 15, which would require advertising before the first reading. Mayor Russo requested as a condition of approval that a letter of agreement with Golf Digest be provided by 0 0, CITY COUNCIL REGULAR MEETING, 9/17/98 2 the applicant. It was the consensus of the City Council to go forward with first and second readings as requested so long as all conditions were met. PUBLIC HEARING FY 1998/99 BUDGET Mayor Russo declared the Public Hearing open, which was duly advertised 9/2/98 and held on the intent of Resolution 102, 1998 - Levying a Tax of 3.7265 Mills on Non- Exempt Real and Personal Property Located within the Corporate Limits of Said City for the Year Ending December 31, 1998; and Ordinance 18, 1998 - Affixing a total Valuation of the Real and Personal Property located Within the Corporate Limits of the City of Palm Beach Gardens, Florida, for the year Ending 12/31/98; Establishing a Tax Rate Thereon for Said Year; Levying a Tax on Said Real and Personal Property for Said Year; Adopting a Fiscal Year Budget for the Fiscal Year Beginning on 10/1/98 and Ending on 9/30/99, Inclusive; Appropriating Funds for Expenditures in Accordance with Said Budget. Finance Director Kent Olson announced the proposed millage rate of 3.7265 mills was a 0.0 percent increase over the rolled back rate of 3.7265 mills. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. Vice Mayor Furtado made a motion, seconded by Councilman Jablin, to approve Resolution 102, 1998, levying a tax of 3.7265 mills for the year 1998 -1999 for the City of Palm Beach Gardens. The motion carried by unanimous 4 -0 vote. Vice Mayor Furtado made a motion, seconded Councilman Jablin, to place Ordinance 18, 1998, on second and final reading by title only. The motion carried by unanimous 4 -0 vote. The City Clerk read Ordinance 18, 1998 on first reading by title only. PRESENTATION Golden Bear Plaza was awarded the City's Beautification & Environmental Award. ITEMS BY MAYOR AND COUNCIL Vice Mayor Furtado Vice Mayor Furtado complimented the Recreation Department on the brochure listing Middle School Programs. Vice Mayor Furtado suggested small businesses adopting a school to raise money to prevent school children going door to door selling items. Councilman Jablin reported that the Education Advisory Board had an ad hoc committee which was working to get a participatory • CITY COUNCIL REGULAR MEETING, 9/17/98 3 0 0 program started with businesses. Councilman Jablin commented he would bring a brochure and make a report at the next meeting. Councilman Sabatello Councilman Sabatello reported that qualified applicants for the Planning and Zoning Commission were being sought. Councilman Jablin Councilman Jablin announced the Education Advisory Board also needed qualified applicants. Mayor Russo Mayor Russo reported a meeting had been held with MacArthur Foundation land representatives, representatives of the real estate broker who was handling sale of their land, County Commissioner Marcus, and representatives of most of the North County municipalities. The Foundation presented an outline of how the sales would be accomplished, reported their package was on the street, that bids would be due October 28, and a decision would be made as soon as possible after that. The Foundation's board would make their decision based on what was best for the Foundation, but agreed to do their best not to injure the cities. Mayor Russo reported he had attended the Police Awards Breakfast and requested all of the City Council members attend next year. Mayor Russo requested the City Council members pick up their packets at City Hall. Mayor Russo reported he and Councilman Sabatello had attended the PAL Golf Tournament. Mayor Russo reported he had participated in a mock quasi judicial hearing and urged other council members to participate in similar meetings. The Mayor discussed the adult entertainment zoning required by State law to have a site for every 6,000 residents, and suggested discussions with the County to handle this issue on a county -wide basis. Councilman Jablin Councilman Jablin discussed a large billboard which was in the process of being erected on Northlake Boulevard. City Attorney Acton reported that a relocation settlement between the County and the billboard company had resulted in placement of this billboard and another on U.S. One, and relocation of the billboard next to Checkers on Northlake Boulevard. The City Attorney explained that his office was actively working on this issue; however, the City had no control as long as the billboards were on County land. The Vice Mayor requested information regarding annexation of enclaves. Mayor Russo commented that the proper way to handle the issue was to contact Commissioner Marcus. 0 CITY COUNCIL REGULAR MEETING, 9/17/98 4 CONSENT AGENDA Councilman Jablin made a motion, seconded by Vice Mayor Furtado to approve the Consent Agenda with items 2 and 4 pulled. The motion carried by unanimous vote of 4 -0. The following items were approved on the Consent Agenda: 1. Approval of 9/3/98 City Council Regular Meeting Minutes. 3. Resolution 100, 1998 - Consideration of Approval of an Agreement Between the City and Shady Lakes Homeowners Association for Maintaining Shady Lakes Drive Mowing and Landscaping. Sue Miller, Parks and Recreation Director, reviewed the job responsibilities for tennis professional, item 2 pulled from the Consent Agenda - Resolution 96, 1998 - Consideration of Approval of a Contract for a Tennis Professional for the 1998/1999 Fiscal Year. Mayor Russo requested that the Parks and Recreation Director consult with PBG YAA regarding bringing in additional coaching services to better train children in sports. Councilman Jablin made a motion, seconded by Vice Mayor Furtado to approve • the Resolution 96, 1998. The motion carried by unanimous vote of 4 -0. Vice Mayor Furtado expressed her agreement with Resolution 103, 1998 - Consideration of Approval Urging the Florida Legislature to Provide School Districts that Utilize Pro - Active Measures in the Design, Construction and Remodeling of Local Schools for Enhancement of Safety Concerns, which had been pulled from the Consent Agenda. The Vice Mayor requested a second resolution to support utilizing a prototype plan for schools with language to be formulated by the Education Advisory Board, in order to save money spent on design every time a school was constructed. Vice Mayor Furtado made a motion, seconded by Councilman Jablin to approve Resolution 103, 1998. The motion carried by unanimous vote of 4 -0. PUBLIC HEARINGS: Ordinance 17, 1998 Mayor Russo declared the Public Hearing open, which was duly advertised 9/2/98 and held on the intent of Ordinance 17, 1998, providing for Adoption of Section 2 -294 of the City Code of Ordinances, Establishing a Dollar Amount Threshold for Seeking Competitive Sealed Bids or Proposals. Hearing no comments from • the public, Mayor Russo declared the Public Hearing closed. Vice Mayor Furtado made a motion, seconded by Councilman CITY COUNCIL REGULAR MEETING, 9/17/98 5 Jablin, to adopt Ordinance 17, 1998 providing for a Bid Threshold of $10,000, on Second Reading by title only. The motion carried by unanimous 4 -0 vote.. The City Clerk read Ordinance 18, 1998 on second reading by title only. RESOLUTIONS Resolution 99, 1998 Councilman Jablin made a motion, seconded by Vice Mayor Furtado, to adopt Resolution 99, 1998 - Consideration of Approval of Establishment of a Palm Beach Gardens Neighborhood Program. Motion carried by unanimous 4 -0 vote. ORDINANCES Ordinance 13, 1998 Principal Planner Marty Minor discussed proposed changes to noise standards concerning golf courses, sanitation trucks, and construction times. Mr. Minor recommended changing the 10 p.m. closing time for construction to 8 p.m. before second reading. Staff was requested to look at the possibility of uniformity in starting times. • Councilman Jablin made a motion, seconded by Vice Mayor Furtado, to place Ordinance 13, 1998 - Providing for Amendment of Chapter 34 of the Code of Ordinances Entitled "Environment" by Amendment All Sections of Article III, Entitled "Noise" on first reading by title only. Motion carried by unanimous 4 -0 vote. The City Clerk read Ordinance 13, 1998 on first reading by title only. Ordinance 19, 1998 City Forester Mark Hendrickson presented the project for Ordinance 19, 1998 - Providing for Amendment to Ordinance 11, 1995, as Amended, Which Approved a PUD /Site Plan for the Hibiscus Restaurant, Formerly Known as The Bridge Center, by Amendment of the Landscape Plan, Building Exterior Colors and Wall Sign Colors. After review of the landscape plans and the color requests, direction was given to the applicant to subdue the hibiscus color, to replace the blue with one of the colors in the building- - possibly the patina, to make the lower band the dark color shown in the first rendering, to leave the cupola color the same with no stripes and to make the domes a solid color matching the roof color. Councilman Jablin made a motion, seconded by Councilman Sabatello, to place Ordinance 19, 1998 on first reading by title only. • Motion carried by unanimous 4 -0 vote. The City Clerk read Ordinance 19, 1998 on first reading by title only. • CITY COUNCIL REGULAR MEETING, 9/17/98 6 ITEMS FOR COUNCIL ACTION Municipal Complex Irrigation Amara Shrine Circus Special Event Request ITEMS FOR DISCUSSION Christ Fellowship Church Ordinance 19, 1998 on first reading by title only. Architect Kevin Ratigan, with Architects Design Group, reviewed the proposed change order to change the 6" main supply lines to the irrigation system coming from a single pumping station to an 8" line with a connection for a future second pumping station. Councilman Jablin made a motion, seconded by Vice Mayor Furtado, to authorize the City Manager to institute Change Order No. 2 in an amount up to $58,134. Motion carried by unanimous 4- 0 vote. Mayor Russo requested and received clarification from the Recreation Director that the opening date for the tennis courts was now January 15, 1999. It was reported that no objections had been received as a result of letters sent to the neighbors of the Amara Shrine on RCA Boulevard, as directed by the City Council at the last meeting. Councilman Jablin made a motion, seconded by Vice Mayor Furtado, to approve the Amara Shrine Circus Special Event Request. Motion carried by unanimous 4 -0 vote. Growth Management Director Roxanne Manning reviewed a request from Christ Fellowship Church for minor amendments to their original approval, which included shifting of walls in the office area, minor adjustments at the entrance to accommodate traffic, additional landscape materials and berm, and an additional dry detention area. City Engineer Lindahl reviewed the detention area. Resident Joan Altwater expressed concern with traffic exiting the east ingress /egress. Resident Ciro Degasperis requested that this project abide by the conditions established in November 1997 for this project to move forward. Alan Ciklin, Attorney for the applicant, verified that the applicant agreed to the changes. Vice Mayor Furtado made a motion, seconded by Councilman Jablin, to direct staff to continue work on administrative approval for the amendments presented. Motion carried by unanimous 4 -0 vote. CITY ATTORNEY REPORT City Attorney David Acton discussed concurrency and what the • CITY COUNCIL REGULAR MEETING, 9/17/98 7 City Council could or could not do under current law; and explained that the intent of the law was to make concurrency a school district wide effort by preventing a county or single municipality from adopting any form of school concurrency. The City Attorney explained that a single city could work with the school district to develop a program, and could enter into interlocal agreements with the school district and/or other municipalities, but could not prevent a developer from developing a project because the school district did not have a school in their plan for that area. City Attorney Acton reviewed new language required to be placed into the Comprehensive Plan element for concurrency. The City Council discussed holding a joint meeting with the School Board. Councilman Jablin agreed to try to set up the meeting and to provide information to the City Council regarding school capacity before the meeting. It was agreed that the Education Advisory Board could attend the joint meeting as observers. City Attorney Acton reported that a recent land use decision in the Alexander case involving Jupiter would be a good precedent for the City since the decision reconfirmed the city's authority in land use decisions. • CITY COUNCIL REGULAR MEETING, 9/17/98 8 ADJOURNMENT APPROVAL: ATTEST: There being no further business to discuss, upon motion by Vice ilman Jablin, the meeting was FURTADO COUNCIL AVID CLARK COUNCIL ARL SABATELLO IND%A V. KOSIER, CMC, CITY CLERK