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HomeMy WebLinkAboutMinutes Council 091897CITY COUNCIL REGULAR MEETING SEPTEMBER 18, 1997 The September 18, 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 located at 10500 North Military Trail, Palm Beach Gardens, Florida; and, opened with the Pledge of Allegiance to the Flag. ROLL CALL The Deputy City Clerk called the roll and the following elected officials were found to be in attendance: Vice Mayor Lauren Furtado, Councilwoman Linda Monroe and Councilman Eric Jablin. Councilman David Clark arrived at 8 :18 P.M. Mayor Joseph Russo was not in attendance as he was out of town. ANNOUNCEMENTS Vice Mayor Furtado stated that the announcements were as listed on the agenda and posted on the City's bulletin boards. CITY MANAGER REPORT City Manager Herakovich thanked the City Council for permitting her to attend the International City Manager's Conference and shared some of the subject matters discussed at that conference. City Manager Herakovich stated that the press was in attendance this evening in hopes of receiving information regarding an internal investigation that was being conducted, however, stated information would not be released this evening as the case is still CITY COUNCIL REGULAR MEETING 9/18197 active. City Manager Herakovich stated there would be a press conference at 1:00 p.m. tomorrow regarding this issue 1997/1998 FISCAL YEAR BUDGET - PUBLIC HEARING Vice Mayor Furtado declared the public hearing open, which was duly advertised 913/97. Finance Director Kent Olson stated that the 1997/1998 fiscal year budget called for a tax rate of 3.8448, which represented a 0% increase over roll back rate. The total millage rate is 4.0969, which included the voted debt service Vice Mayor Furtado, receiving no comments from the public, declared the public hearing closed. Resolution 98, 1997 Councilwoman Monroe made a motion, seconded by Councilman Jablin, to approve Resolution 98, 1997, levying a tax of 4.0969 Mills on non - exempt real and personal property located within the corporate limits of the City of Palm Beach Gardens for the year ending 12/31/97. The motion was unanimously carried. Ordinance 44, 1997 Councilwoman Monroe made a motion to place Ordinance 44, 1997, on second and final reading, by title only, and for adoption. The motion was seconded by Councilman Jablin and unanimously carried. The Deputy City Clerk read, on second and final reading, by title only, Ordinance 44, 1 997, affixing a total valuation of the real and personal property located within the corporate limits of the CITY COUNCIL REGULAR MEETING 9118197 City for the year ending 12131197; establishing a tax rate thereon for said year; levying a tax on said real and personal property for said year; adopting a fiscal budget for the fiscal year beginning 1011197 and ending 9130198, inclusive; appropriating funds for expenditures in accordance with said budget. PRESENTATIONS Mery Timberlake, Financial Services Director of the City of Boca Raton and a representative of the Government Finance Officers Association, presented the GFOA Budget Award to Finance Director Kent Olson. AWARDING OF BIDS I- 95/Northlake Landscaping Councilwoman Monroe made a motion to award the bid for the I- 95/Northlake Boulevard Landscaping to Country West Landscaping, Inc. of Royal Palm Beach in the amount of $54,039.50. The motion was seconded by Councilman Jablin and unanimously carried. I- 95/Northlake Electrical Councilwoman Monroe made a motion to award the bid for the I- 3 95/Northlake Boulevard Electrical to Stratton Electric, Inc. of West Palm Beach in the amount of $9,834.00. The motion was seconded by Councilman Jablin and unanimously carried. I- 95/Northlake Irrigation Councilwoman Monroe made a motion to award the bid for the I- 95/Northlake Boulevard Irrigation to All Green Irrigation & Landscaping, Inc. of West Palm Beach in the amount of CITY COUNCIL REGULAR MEETING 9/18/97 $14,990.00. The motion was seconded by Councilman Jablin and unanimously carried. Workers Compensation Insurance Councilwoman Monroe made a motion to award the bid for Workers Compensation Insurance to the Florida League of Cities in the amount of $479,395.00 for a 2 -year period beginning 10 /1 /97. The motion was seconded by Councilman Jablin and unanimously carried. Property and Casualty Insurance Councilwoman Monroe made a motion to award the bid for Property and Casualty Insurance to the Florida League of Cities in the amount of $246,908.00 for a period of 2 years beginning 10/1/97 The motion was seconded by Councilman Jablin and unanimously carried. ITEMS BY MAYOR AND COUNCIL Councilwoman Monroe Councilwoman Monroe reported that she attended the Northlake Task Force meeting last week where a presentation was done by County staff regarding their new program of landscaping medians, 0 of which Northlake Boulevard, west of Military Trail, would occur. The County was trying to come closer to standards required by several municipalities and they would be meeting with City staff in the near future. Councilwoman Monroe stated that she was CITY COUNCIL REGULAR MEETING 9/18/97 concerned that the program was for trees only, however, their program was to use the bahaia grass and Councilwoman Monroe was concerned with the appearance of this grass. Marty Minor, Principal Planner, stated that the County would be required to irrigate the median plantings. Councilwoman Monroe stated that the issue is that if there is irrigation, St. Augustine grass could be used. Councilwoman Monroe stated she preferred mulch, however, that would be high maintenance. City Manager Herakovich stated that staff would research these costs and report back to Council. Vice Mayor Furtado Vice Mayor Furtado stated that at the MPO meeting today she brought up the issue of the School Board forming a partnership with Palm Tran for school bus services. Vice Mayor Furtado asked that a resolution endorsing this partnership be placed on the next agenda for consideration of approval. Vice Mayor Furtado suggested that the beautification award that used to be given to residents years ago be reinstated. Vice Mayor Furtado reported that she spoke at the Juvenile Justice Convention on Thursday and reported on the City's pro- active police department and the accomplishments of the City. Vice Mayor Furtado asked that a packet be made that showed all the programs the City has undertaken to show the positive things done CITY COUNCIL REGULAR MEETING 9118197 6 by the City, COMMENTS FROM THE PUBLIC There were no comments from the public for items not on the agenda. CONSENT AGENDA Councilwoman Monroe made a motion to approve the Consent Agenda, with a new Resolution 102, 1997, as presented by the City Attorney. The motion was seconded by Councilman Jablin and unanimously carried. The following item was approved on the Consent Agenda: 1. Resolution 102, 1997, approval to reschedule 1012197 City Council Regular Meeting to 1019197 at 7:30 P.M. in observance of Rosh Has!hannah. PUBLIC HEARINGS Resolution 92, 1997 Vice Mayor Furtado declared the public hearing open for Resolution 92, 1997, consideration of approval of Shoppes on the Green Time Extension. Vice Mayor Furtado stated that the petition has requested a postponement. Councilwoman Monroe made a motion to postpone the public hearing for Resolution 92, 1997, to the October 9, 1997, Regular Meeting of the City Council. The motion was seconded by Councilman Jablin and unanimously carried. Ordinance 39, 1997 Vice Mayor Furtado declared the Public Hearing open for Ordinance 39, 1997, which was duly advertised on 913197 and held CITY COUNCIL REGULAR MEETING 9118197 on the intent of Ordinance 39, 1997, providing for an amendment to the title of Chapter 82, Article II of the Code of Ordinances to delete specific reference to "Police and Fire" before the words "impact fees "; providing for amendment to Section 82 -27 through 82 -31 and to Section 82 -34 through 82 -37 to provide for the 7 inclusions of impact fees for "emergency medical services (EMS)" and "parrs and recreation facilities ", in addition to impact fees for "police protection" and "fire protection "; providing for amendment to Section 82.30 to amend and/or provide for cost schedules for the assessment of all impact fees. Kim Glas, Principal Planner, addressed the Council reviewing past discussions regarding impact fees. Henry ller of James Duncan and Associates, stated that the impact fees were established based on the City's existing levels of service. There being no comments from the public, Vice Mayor Furtado declared the Public Hearing closed. Councilwoman Monroe made a motion that paragraph "A ", Section 8, the last sentence, be amended to delete the words "the authorization to develop" and insert the words "an alternative development order ". CITY COUNCIL REGULAR MEETING 9118197 The motion was seconded by Councilman Jablin and unanimously carried. Councilwoman Monroe made a motion to place Ordinance 39, 1997, on second read, by title only, and for adoption. The motion 8 was seconded by Councilman Jablin and unanimously carried. The Deputy City Clerk read Ordinance 39, 1997, on second and final reading, by title only. Ordinance 40, 1997 Vice Mayor Furtado declared the public hearing open, which was duly advertised 913/97 and held on the intent of Ordinance 40, 1997, providing for amendments to Chapter 114, Article IV, Division 9, Section 114 -421 and Section 114 -423 of the Code of Ordinances, to provide for a limit on the value of land dedicated for parks and recreation areas, equivalent to the amount of park and recreation facility impact fees. Kim Glas, Principal Planner, discussed the reasoning for the creation of Ordinance 40, 1997, and reviewed past discussions with the City Council on this issue. There being no comments from the public, Vice Mayor Furtado declared the Public Hearing closed. Councilwoman Monroe made a motion to place Ordinance 40, 1997, on second and final reading, by title only, and for adoption. CITY COUNCIL REGULAR MEETING 9/18/97 The motion was seconded by Councilman Jablin and unanimously carried. The Deputy City Clerk read Ordinance 40, 1997, on second and final reading, by title only. Ordinance 47, 1997 Vice Mayor Furtado declared the Public Hearing open, which was duly advertised 9/3/97 and held on the intent of Ordinance 47, 0 1997, providing for amendments to Ordinance 17, 1996, the budget ordinance of the City of Palm Beach Gardens for the fiscal year beginning 10/1/96 and ending 9/30/97, inclusive, to increase or decrease amounts budgeted for bond proceeds, professional services and printing and binding. There being no comments from the public, Vice Mayor Furtado declared the Public Hearing closed. Councilwoman Monroe made a motion to place Ordinance 47, 1997, on second and final reading, by title only, and for adoption. The motion was seconded by Councilman Jablin and unanimously carried. The Deputy City Clerk read Ordinance 47, 1997, by title only on second and final reading. RESOLUTIONS Resolution 66, 1997 Marty Minor, Principal Planner, reviewed the petition by Ray A. Kennedy, agent for Westwood Townhomes, for a modification to the elevations of 47 townhomes within the Westwood Gardens /Westwood Lakes PUD located on the south side of Hood CITY COUNCIL REGULAR MEETING 9118197 10 Road and immediately east and west of Interstate 95. City Attorney Acton reviewed amendments to Resolution 66, 1997. Mr. Minor stated that since the Council last considered Resolution 66, 1997, the petition has demonstrated that a 10 foot park space could be accommodated, which if demonstrated a 9 foot wide parking space would be allowed by Code. Mr. Minor stated that the petitioner is requesting a 24 -112 foot drive aisle which resulted in a request for a waiver from the 26 foot drive aisle required by Code. Mr. Minor reviewed the size of the proposed units as opposed to the size of the units approved by the County. Attorney Gary Brandenburg, representing the petitioner, outlined the process the petition has been through before the City. Attorney Brandenburg stated that the petitioner has complied with all issues presented during the previous meetings. Councilwoman Monroe expressed her concerns with a 9 -foot wide parking space that would be used by a full size vehicle. Cari Podesta, representing the Westwood Gardens Homeowners' Association, addressed the Council stating that the association has met with the petitioner and provided the petitioner with a letter outlining 4 concerns with the proposed project. The petitioner has not responded in writing, and Attorney Podesta prepared a follow- up report on her understanding of those issues and how the CITY COUNCIL REGULAR MEETING 9118197 11 petitioner will address those concerns. Attorney Podesta reviewed the concerns and the petitioner's solution to the issues. City Attorney Acton stated that based on Ms. Podesta's letter and presentation dated 9119197 he was obligated to inform her that the City does not accept liability or waive liability as stated in her fourth paragraph on the second page. Attorney Acton stated that there was nothing in the resolution that indicated that the City would accept liability. Councilman Clark made a motion to approve Resolution 66, 1997. The motion was seconded by Councilman Jablin. The motion passed by a vote of 3 ayes and 1 nay, with Councilwoman Monroe casting the nay vote because of the 9 foot parking spaces. Resolution 97, 1997 Councilman David Clark made a motion to approve Resolution 97, 1997, inserting the names of Susan Ford in Section 1 and Jeff Jennings in Section 3 as members of the Neighborhood Initiative Task Force. The motion was seconded by Councilman Jablin and unanimously carried. Resolution 100, 1997 Councilman Clark made a motion to approve Resolution 100, 1997, seconded by Councilman Jablin. The motion was unanimously carried. Resolution 101, 1997 Councilman Clark made a motion to approve Resolution 101, 1997, appointment of a member to the Board of Trustees of the CITY COUNCIL REGULAR MEETING 9118197 12 Firemens Pension Fund, inserting the name of Dr. Phillip Buttaravoli. The motion was seconded by Councilwoman Monroe and unanimously carried. ORDINANCES Ordinance 50, 1997 City Manager Herakovich reminded the City Council that a uniform sign package was approved for the Prosperity Centre development order, however, the applicant for Ordinance 50, 1997, has requested a change to the criteria. Marry Minor, Principal Planner, outlined the request from Carmine's Ocean Grill for an amendment to the Prosperity Center PUD and to the approved signage guidelines. In addition, the petitioner requested valances and awnings along the exterior portion of the building. The site is located on the southeast corner of PGA Boulevard and Prosperity Farms Road. Members of the City Council stated that they were against the change in color of the proposed signs and the color of the proposed awnings, as well as the awnings being placed on the front of the restaurant. Councilman Clark made a motion to deny Ordinance 50, 1997, for first reading. The motion was seconded by Councilman Jablin and unanimously carried. Ordinance 51, 1997 Marty Minor, Principal Planner, addressed the City Council CITY COUNCIL REGULAR MEETING 9118197 ITEMS FOR COUNCIL ACTION 13 regarding a request by Dow, Gilmore and Associates on behalf of Gardens Presbyterian Church for the approval of a Planned Unit Development for a 9,000 square foot, 300 seat religious facility. Mr. Minor stated the subject site was approximately 8.91 acres in area and generally located at the northeast corner of Hood Road and Central Boulevard. Mr. Minor reviewed the proposed plans. Councilwoman Monroe made a motion to place Ordinance 51, 1997, on first reading, by title only. The motion was seconded by Councilman. Jablin and unanimously carried. The Deputy City Clerk read Ordinance 51, 1997, by title only on first reading. Vice Mayor Furtado Vice Mayor Furtado stated that she has received complaints about the time it takes mail to get to the City, referencing an invitation that came two days after the required RSVP. Vice Mayor Furtado asked the status of The Sanctuary compliances. Staff reported that the area has been brought into compliance and no issues were outstanding. Councilwoman Monroe Councilwoman Monroe stated that she received a letter from a resident in Westwood Gardens regarding Code Enforcement Board allowing Home Depot to have their fine reduced to zero, yet not CITY COUNCIL REGULAR MEETING 9118197 14 allowing a reduction in the fine to Westwood Gardens Homeowners Association. Councilwoman Monroe stated that she would have a copy of the letter brought to staff for their review. Vice Mayor Furtado Vice Mayor Furtado stated that she was not happy with the letter of concerns that she received in her mail regarding Code Enforcement. CITY ATTORNEY REPORTCity Attorney Acton stated that legal staff has sharpened pencils and are working hard on coming up with a proposal and will meet with the City Manager and hope to have a contract for Council consideration at the next meeting. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 9:42 P.M. CITY COUNCIL REGULAR MEETING 9/18/97 15 APPROVAL MAY& JOSEPH R.RUSSO VI E MAYOR LAUREN FURTADO COUNQU,WOMAN LINDA MONROE CMC Nt ,MAN ERIC 'ABLIN COUNCILMAN DAVID CLARK ATTEST: CINDY HARVEY, DEPUTY CITY CLERK