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HomeMy WebLinkAboutMinutes Council 020697CITY COUNCIL REGULAR MEETING FEBRUARY 6, 1997 The February 6, 1997, 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, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of Allegiance to the Flag. ROLL CALL The roll was called by the City Clerk and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilwoman Linda Monroe and Councilman David Clark. Councilman Jablin arrived at 7:45 P.M. ANNOUNCEMENTS Mayor Russo stated that the announcements were as listed on the agenda and posted on the City's bulletin boards. PRESENTATIONS Architects Design Group (ADG) made a presentation to the City Council showing proposed conceptual plans for the new Municipal Complex. ADG showed that the building had been set back further from Military Trail, and an expanded parking lot plan with landscaping to allow more shaded areas. ADG explained that significant parking had been added to serve the Police Department at certain times and Recreation at other times. ADG showed that the Council Chambers would be separate from the main building, 1 CITY COUNCIL REGULAR MEETING, 2/6/97 allowing the main building to be locked and secured during Council meetings. The City Council expressed their concerns that the building be designed in a traditional style and that the traffic circulation be restudied. Architects Ed Oliver and Jeffrey Ornstein critiqued ADG's conceptual plan, stating that it was important for the municipal complex to make a statement on Military Trail and that particular attention should be made to the traffic circulation both off Military Trail and off Burns Road. ADG stated they would take the thoughts of the City Council into consideration as they revise the plans. AWARDING OF BIDS Laser Imaging Vice Mayor Furtado made a motion to award the bid for Laser Imaging Equipment, per State Contract, with Imaging Solutions for a Sharp System, seconded by Councilman Clark. The motion was unanimously carried. Concession Stand Operations Vice Mayor Furtado made a motion to approve the awarding of the bid for Concession Stand Operations for Gardens Park and Lake Catherine Sports Fields to J.C.J.B. Corporation, seconded by 2 CITY COUNCIL REGULAR MEETING, 2/6197 Councilman Clark. The motion was unanimously carried. Consulting Firm for Comprehensive Compensation Study Councilman Clark made a motion to award the bid for a Consulting Firm for a Comprehensive Compensation Study to Municipal Advisors, Inc., seconded by Councilman Jablin. The motion was unanimously carried. 1997 Fire Engine City Manager Herakovich stated that originally $225,000 was budgeted for the purchase of 1997 Fire Engine and prices received, including additions, were approximately $302,447. The funding for this item comes from Fire Impact Fees, and the Fire Department indicated that they would delay the purchase of an EMS vehicle to a later date to be able to go ahead with this purchase. Council felt that if the equipment was needed the City should purchase it and not delay the purchase of other equipment that was needed. Councilwoman Monroe made a motion to award the bid for one 1997 Fire Engine with a fully enclosed 4 -door air conditioned full tilt cab as recommended by staff to Pierce Manufacturing, seconded by Councilman Jablin. The motion was unanimously 3 CITY COUNCIL REGULAR MEETING, 2/6/97 carried. Mayor Russo suggested staff look at the Fire Impact Fees since the equipment is costing more than originally thought. City Manager Herakovich stated that staff had already begun the process. Resolution 162, 1997 City Manager Herakovich stated that Resolution 162, 1997, on the Consent Agenda would not be considered this evening. ITEMS BY THE MAYOR AND COUNCIL Vice Mayor Furtado Vice Mayor Furtado stated she had a conference call with a representative of the Turnpike Authority referencing the Northlake Interchange who stated this project had priority. Mr. Ecclestone agreed to do an expanded diagram with Hunter Associates in an effort to get a better view of elevations. Vice Mayor Furtado met with the MacArthur Foundation who indicated they would work with the Turnpike Authority and Mr. Ecclestone. Vice Mayor Furtado stated that the problems with CB radios has now expanded to include service interruption problems with regular telephone usage. Vice Mayor Furtado stated that Bell South is now working on this problem, along with Channel 5, and advised that federal authorities have been brought in for assistance. 4 CITY COUNCIL REGULAR MEETING, 2/6/97 Vice Mayor Furtado questioned the progress of the temporary sound barrier walls on I -95. City Manager Herakovich stated the walls had been delayed because of an issue with and FP &L easement. Greg Dunham, Assistant City Manager, stated that DOT wanted the walls placed in a location that would not allow room for any equipment to mow, so the City asked FP &L to put the fence in their easement. Mr. Dunham stated that he hoped for an answer from FP &L in the very near future. Vice Mayor Furtado referenced her concern re: background checks for volunteers using the City's fields. City Manager Herakovich stated that the PBGYAA agreed with the background checks, however, has not implemented the program. The City Council questioned whether the City could force PBGYAA to do background checks on volunteers. Councilman Clark suggested staff contact the PBGYAA to determine why a background check program had not been implemented. COMMENTS FROM THE PUBLIC John Zearly Mr. John Zearly, resident of Palm Beach Gardens, asked what the Council was recommending regarding the problem with the Codes E CITY COUNCIL REGULAR MEETING, 2/6/97 re: parking of commercial vehicles. Mayor Russo stated the City Council would be appointing a Neighborhood Initiative Task Force that would take the problem of parking of commercial vehicles into consideration. Sue Williams Sue Williams, resident of Palm Beach Gardens, addressed the City Council expressing her displeasure with a moratorium for the RV /Boat ordinance. Ms. Williams did not think that residents that did not purchased the required decals in the time frame allowed should be given another opportunity to do so. CONSENT AGENDA Councilwoman Monroe made a motion to approve the Consent Agenda, without Resolution 162, 1997. The motion was seconded by Vice Mayor Furtado and unanimously carried. The following items were approved on the Consent Agenda: 1. Approval of Minutes of 1/16/97 City Council Regular Meeting. 3. Resolution 2, 1997, Approval to Amend the Site Plan for South Park Center, Lot 2 (Keebler) Sign Package. 4. Resolution 19, 1997, Approval of Name Change for Platted Roads Within the Regional Center PCD as Depicted on Mira Flores Plat 5. Resolution 20, 1997, Approval of a Tri -Party Agreement for Improvements to Softball Field at Palm Beach Gardens High School. 6. Resolution 21, 1997, Approval of Disposal of Surplus Assets from the Police Department. 7. Conceptual approval Agreement for the Frenchman's Forest Ecosite, Florida Communities Trust (FCT) Program. CITY COUNCIL REGULAR MEETING, 216197 PUBLIC HEARINGS Ordinance 22, 1996 Mayor Russo declared the Public Hearing open, which was held on the intent of Ordinance 22, 1996, consideration of approval to create Chapter 3 of the Palm Beach Gardens Code of Ordinances to be entitled "Personnel Program ", as advertised 1/4/97 and postponed from the Regular Meeting of 1/16/97. City Manager Herakovich stated that the packet this evening contained some minor changes already seen by the City Council. The issue of the Conversion Policy has been placed into a separate resolution for the City Council's consideration. City Attorney David Acton handed out a summary of amendments to Ordinance 22, 1996, and explained the amendments to the Council. Attorney Acton stated that Amendment 1 made changes to the Ordinance, which had already been incorporated into the Ordinance copy given to the City Council. Attorney Acton stated that the changes referenced in Amendment 1 were not substantive. Amendment 2 contained more important changes and some would have been made by the codification authority. The major change in Amendment 2 was the definition of "Sexual Harassment ". There being no comments from the public, Mayor Russo declared 7 CITY COUNCIL REGULAR MEETING, 2/6/97 the Public Hearing closed. Councilman Clark made a motion to approve Amendment i to Ordinance 22, 1996, seconded by Councilwoman Monroe. The motion unanimously carried. Councilman Clark made a motion to approve Amendment 2 to Ordinance 22, 1996, seconded by Councilwoman Monroe. The motion unanimously carried. Councilman Clark made a motion to place Ordinance 22, 1996, on second reading, by title only, and for approval. Councilwoman Monroe seconded the motion, which unanimously carried. The City Clerk read Ordinance 22, 1996, by title only, on second and final reading. Ordinance 25, 1996 Mayor Russo declared the Public Hearing open, which was duly advertised 1/22/97, and held on the intent of Ordinance 25, 1996, consideration of approval to restate the Retirement Plan for General Employees of the City of Palm Beach Gardens, Florida, and amending Section 15 thereof, providing for codification. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilwoman Monroe made a motion to place Ordinance 25, S CITY COUNCIL REGULAR MEETING, 2/6/97 1996, on second reading, by title only, and for adoption of same. Vice Mayor Furtado seconded the motion, which unanimously carried. The City Clerk read Ordinance 25, 1996, by title only, on second and final reading. Ordinance 26, 1996 Mayor Russo declared the Public Hearing open, which was duly advertised on 1/16/97 and held on the intent of Ordinance 26, 1996, consideration of approval for an amendment to the Admiralty II Planned Unit Development to allow for a time extension to construct a second 10 -story office tower and 2 -story garage. Rich Walton, Planning and Zoning Director, detailed the application for a time extension. Mr. Walton stated that the City Engineer had reviewed the petition and determined that a good faith effort had been met. The Traffic Engineer reviewed the petition in terms of the concurrency standards and determined that those standards had been met. The Traffic Engineer recommended the eastbound right turn lane at the PGA Boulevard entrance be constructed prior to the issuance of a certificate of occupancy, and staff recommended approval with this item as a condition. 9 CITY COUNCIL REGULAR MEETING, 2/6197 There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to place Ordinance 26, 1996, on second reading, by title only, and for approval of same. Councilman Jablin seconded the motion, which carried by a vote of 4 ayes and 1 nay, with Councilwoman Monroe casting the nay vote. Councilwoman Monroe stated she felt the ordinance failed to meet the intent of the Code, feeling the ordinance should have stated that the Council reviewed the consistency issues and determined that any inconsistencies did not warrant not approving a time extension. Councilwoman Monroe stated that she felt there would be too much development on this site and had voted against time extensions for this project in the past. The City Clerk read Ordinance 26, 1996, by title only, on second and final reading. Ordinance 2, 1997. Mayor Russo declared the Public Hearing open, which was duly advertised 1/22/97 and held on the intent of Ordinance 2, 1997, consideration of approval to amend Chapter 70 of the Code of Ordinances of the City of Palm Beach Gardens entitled "Traffic and Vehicles "; providing for amendment of Article 11 entitled 10 CITY COUNCIL REGULAR MEETING, 2/6/97 "Specific Street Regulations" by enacting a new Section 70 -32, authorizing the Engineering Department and City Manager to determine the need for official traffic control devices and signals, and new Section 70 -33 providing the authority to install or remove same; providing for ratification of existing traffic control devices and signals; providing for codification. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Vice Mayor Furtado made a motion to place Ordinance 2, 1997, on second and final reading and for approval of same. Councilman Jablin seconded the motion, which unanimously carried. The City Clerk read Ordinance 2, 1997, by title only, on second and final reading. RESOLUTIONS Resolution 8, 1997 The City Council discussed appointments to the Neighborhood Initiative Task Force and the following names were suggested for appointment: Bill Beville, Wanda Robbins, John King, Dr. Richard Ormond, Barbara Davis, Pat Hughey, Louise Zuckweiler, Lynn Huber, Richard Fox, Jim Watt, and Robert Angelino. The City Council agreed that Seymour Fine would be notified of 11 CITY COUNCIL REGULAR MEETING, 2/6/97 meetings of the Task Force, however, would not be a voting member of said committee. It was further suggested that Rev. Mullins of Palm Beach Gardens Christ Fellowship Church be notified of meeting dates. Mayor Russo suggested that all churches in the City be notified of the meetings. Councilman Clark made a motion to approve Resolution 8, 1997, with the following names inserted in the blanks: William Beville, Wanda Robbins, John King, Richard Ormond, Barbara Davis, Pat Hughey, Louise Zuckweiler, Richard Fox, Lynn Huber, Jim Watt and Robert Angelino. The motion was seconded by Councilwoman Monroe and unanimously carried. Resolution 16, 1997 Richard Walton, Planning and Zoning Director, detailed the application for approval of a site plan for Parcel 7, located within the BallenIsles PCD for the construction of 34 single - family custom homes. Mr. Walton stated that the Planning and Zoning Commission unanimously recommended approval of this petition with 7 conditions, however, the petitioner had revised plans to eliminate the need for one of the conditions. Staff recommended approval of this petition. Hank Skokowski, agent for the petitioner, addressed the City 12 CITY COUNCIL REGULAR MEETING, 2/6/97 Council expressing concerns regarding staff listing waivers for PUDs and asked for legal staff review as to whether or not the Code required a PUD application to meet all standards and required petitioners to ask for waivers. Councilwoman Monroe suggested that the Council discuss this issue in the future, feeling the Code may need some amendments for clarification. Councilwoman Monroe made a motion for approval of Resolution 16, 1997, seconded by Vice Mayor Furtado. Councilman Clark asked what the petitioner planned to do to avoid traffic speeding down the roadway through this development. Mr. Skokowski stated they did not feel this would be a problem, however, Councilman Clark stated it would be a problem and something that the petitioner should consider. The motion was unanimously carried. Resolution 17, 1997 Councilman Clark made a motion to approve Resolution 17, 1997, consideration of approval of a benefit conversion program for existing general employees of the City in accordance with Ordinance 22, 1996. Councilman Jablin seconded the motion, which unanimously carried. Resolution 18, 1997 Richard Walton, Planning and Zoning Director, announced that 13 CITY COUNCIL REGULAR MEETING, 2/6/97 staff recommended postponement of Resolution 18, 1997, as there were some drainage issues that were unresolved. Mayor Russo stated that he would prefer to know items that were to be postponed at the beginning of the agenda since some members of the audience had been waiting to speak to certain issues. Mrs. Gay Turtur, a PGA National homeowner, addressed the Council to thank the Council and the City Manager for the support on PGA National's position regarding the landscape berm. Mrs. Turtur asked that should the Council consider approval of this landscape buffer the resolution be worded to approve the landscaping buffer along the turnpike with the understanding that it be in compliance with the March 10, 1996, agreement between the C.A.N. Environmental Awareness Committee and the Florida Turnpike Authority. ORDINANCES Ordinance 5, 1997 It was the consensus of the City Council not to bring the RV/Boat Task Force back together and to allow staff to research and rewrite certain sections of the Code regarding rv/boats. Councilwoman Monroe made a motion to place Ordinance 5, 1997, on first reading, by title only, as amended in the third 14 CITY COUNCIL REGULAR MEETING, 216197 "WHEREAS" paragraph so the last part of the sentence would read "and desires time to allow for minor revisions to certain sections of the Code." Vice Mayor Furtado seconded the motion, which unanimously carried. The City Clerk read, by title only, on first reading, Ordinance ;5, 1997. Ordinance 6, 1997 Councilwoman Monroe made a motion to place Ordinance 6, 1997, consideration of approval to amend Chapter 33 of the Palm Beach Gardens code, specifically Section 33 -35 E 4, entitled "Police Department"; providing for adoption of Section 415 of the Internal Revenue Code; providing for certain required distributions. Councilman Clark seconded the motion, which was unanimously carried. The City Clerk read Ordinance 6, 1997, by title only, on first reading. ITEMS FOR COUNCIL ACTION Vice Mayor Furtado Vice Mayor Furtado asked for an update on the sidewalk along Burns Road. City Manager Herakovich stated that the Burns Road sidewalk on the south side of the road was not totally designed and 15 CITY COUNCIL REGULAR MEETING, 2/6/97 the Engineer was still reviewing plans. Mrs. Herakovich stated that this item has been added to the work program. Mrs. Herakovich stated that staff knew where the sidewalk would be located and it would be possible for landowners along the south side of Burns Road to install needed landscaping. Vice Mayor Furtado asked staff to contact landowners so they would know where to install landscaping. Councilwoman Monroe Councilwoman Monroe stated that a week ago she attended the MacArthur Visioning for their 1600 acre crane site. Councilwoman Monroe stated that the meeting was a positive experience and was attended by Neil Merin, a high profile industrial real estate person. Councilwoman Monroe stated she sat in on the site specific group. Several scenarios were discussed, utilizing some of the area for development and leaving some areas for open space. The South Florida Water Management District\ would like to have about 1200 acres and have been negotiating with the MacArthur Foundation. The end result were 3 proposals, however, the newspaper did not correctly report on those proposals, especially the part about Councilwoman Monroe liking the equestrian community because of the taxes. Councilwoman 16 CITY COUNCIL REGULAR MEETING, 2/6/97 Monroe stated the three proposals were basically: 1) 3 strips through the area to concentrate development on that would be connected by bridges. This wasn't too highly thought of because it intruded on the lands being sought by the SFWMD. The other 2 proposals differed only in the amount of land to be preserved and both proposals called for large lots. Mr. Merin thought the idea of an equestrian community was a great idea and thought that the one way to preserve the land as open space was to designate it as industrial because it would not happen in this location. Mr. Merin stated that the free trade zone would not happen in that area because there was too much competition, Councilwoman Monroe stated she had written a lengthy response to the editorial board of the Palm Beach Post. The MacArthur Foundation did not get proposals for heavy development and will now have to decide what to do with the land. The Code Enforcement Board met Monday night, and Councilwoman Monroe stated the Board needed help with Robert's Rules of Order and added that the Chairman needed help in being a stronger leader. Councilwoman Monroe stated she was disappointed in the Board reducing a fine when the violation had 17 CITY COUNCIL REGULAR MEETING, 2/6/97 been one that would have been easily resolved. Councilwoman Monroe asked that, short of not reappointing certain members, how the Code Enforcement Board could be strengthened. Councilman Clark stated that at one time there was a similar problem with the Planning and Zoning Commission and the Council had a joint session with the Board so that they could share philosophies. Councilman Clark suggested that the Council consider having a joint session with the Code Enforcement Board. City Manager Herakovich stated that at one point staff had been working with former City Attorney Baird to research having a Special Master, pointing out that many communities have had the same problem with Code Enforcement Boards. Mrs. Herakovich stated that the City of West Palm Beach recently went with a Special Master for code enforcement. It was agreed that it was hard for residents to pass judgement on fellow neighbors and the City should consider looking into a Special Master for code enforcement. Mayor Russo Mayor Russo stated that the City hosted a North County Economic Advisory Group meeting this morning and had a presentation on the aquarium for Riviera Beach. Mayor Russo stated that Riviera Beach would be coming to the Council for their support in the 18 CITY COUNCIL REGULAR MEETING, 2/6/97 future. ITEMS FOR DISCUSSION PGA National Master Plan Update Kim Glas, Principal Planner, stated that at the 1/2/97 meeting the City Council indicated that the proposal to allocate the project's remaining 163 dwelling units to the resort core would not be acceptable. The Council also indicated that unallocated "floating" units would not be acceptable. The developer now proposed that the remaining 163 units not already approved to a residential parcel be allocated to the PGA National Office Park and to keep the remaining 163 units for flexibility in the future. Further, it was proposed that this allocation be for a period of 3 years. After 3 years, if the developer had not come forward with a site plan that was acceptable to the City Council, the units would be eliminated from the project. It was the consensus of the City Council that this proposal was not acceptable. 97 -1 Round of Amendments Hank Skokowski addressed the City Council re: a petition which proposed to amend the Comprehensive Plan's definition of the Professional Office land use category to allow Assisted Living 19 CITY COUNCIL REGULAR MEETING, 2/6/97 Facilities (ALFs). Mr. Skokowski outlined his reasons for the petition, stating that this would be a form of density control. It was the consensus of the City Council that ALFs were not a proper use in the Professional Office land use category and was not a change the Council would approve. CITY MANAGER REPORT City Manager Herakovich reported that her office as well as the Assistant City Manager's office was flooded this morning because of a leak in the air conditioning ducts and stated that this incident only reinforced the need for a new municipal complex. City Manager Herakovich stated staff met with the Telecommunications Attorney and made progress on the cellular tower ordinance and the communication tower ordinance issues. This attorney would also be negotiating the cable franchise renewal. Mrs. Herakovich stated staff met with and made presentations to two Deans, the Vice President of FAU and the President of the Pine Jog Nature Center as directed by Council, to inquire as to any coordination that could be done with the proposed nature center. The presentation was well received and there were offers of help for partnerships and educational opportunities. 20 CITY COUNCIL REGULAR MEETING, 2/6/97 Mrs. Herakovich stated that the modulars were taking shape and would be ready for staff to move in the first week in March. Mrs. Herakovich stated staff wanted to schedule an advisory board recognition day. The City Council agreed that Thursday, February 27, 1997, would be a good date for an evening reception. Mrs. Herakovich stated she would coordinate plans and report back to the Council. Mrs. Herakovich stated that the Spotlite Theater and Coastal Playhouse Theater of Tequesta have joined to form an alliance called the North County Theater Alliance and were very interested in locating a facility in the City on City property. The Alliance has made a proposal to staff that will be evaluated. The group is planning to raise $1,200,000 as they have outgrown the Community Center. City Manager Herakovich stated that the Mayor received a letter from Cathy Babin regarding scoreboard and roller hockey signage. At the next meeting the Council will consider second reading of the Park Code Ordinance, and Mrs. Herakovich asked that the City Council look carefully at this ordinance as staff recommended signage that would allow for the Pepsi scoreboard type use, but 21 CITY COUNCIL REGULAR MEETING, 2/6/97 restricted the use of signage to the landowner, which was the City, in sponsorship activities. Staff felt that if it was open to one group it would have to be opened to all groups. Mrs. Herakovich suggested that she respond to Mrs. Babin to let her know that this item would be discussed at the second reading of the park ordinance. It was the consensus of the City Council that Sign Code ordinance would have to be amended to allow Mrs. Babin's request. CITY ATTORNEY REPORT Verified Complaint City Attorney Acton stated the City received a couple of documents in regard to Palm Beach Country Estates and the communication tower approval. These documents are under legal review and would be a separate item on the agenda for February 20, 1997, so that both items could be addressed properly. Mayor Russo apologized for any members of the audience that waited to receive a report from the City Attorney this evening and stated that they should attend the meeting of February 20, 1997, for information regarding this issue, ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 11;20 p.m. 22 CITY COUNCIL REGULAR MEETING, 2/6/97 APPROVAL Vice Mayor Lauren Furtado ATTEST: Linda'V. Kosier, CMC, City Clerk 23 Councilwoman Linda Monroe Councilman Eric Jablin Councilman David Clark