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HomeMy WebLinkAboutMinutes Council 080797CITY COUNCIL REGULAR MEETING AUGUST 7, 1997 The August 7, 1997, Regular Meeting of the City Council of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:35 p.m. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and began 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 and Councilwoman Linda Monroe. Councilman Eric Jablin and Councilman David Clark were absent as they were out of town. ANNOUNCEMENTS Mayor Russo stated that the announcements were as listed on the agenda and as posted on the City's bulletin boards. PRESENTATIONS ADG Paul Friedman, Management Administrator, addressed the Council to discuss several issues remaining from the last meeting. Mr. Friedman stated that because of comments from the City Council regarding the project possibly being over budget, adjustments now show the project under budget by $3,811. Mr. Friedman gave each Council member a handout reflecting the changes that brought the CITY COUNCIL REGULAR MEETING, 817197 2 project under budget. Councilwoman Monroe expressed her concerns with items listed on the handout that may be considered for elimination, particularly the clay tile roof Councilwoman Monroe stated that the City Council received promises from all groups bidding to be the architects for the new municipal complex, and expressed her displeasure that once a selection was made contingent upon certain promises, plans had to be changed in order to come in under budget. Vice Mayor Furtado agreed with Councilwoman Monroe, stating that decisions made by the City Council were based on previous promises and that she was uncomfortable with proposals being presented to the City Council for changes in those plans. Mayor Russo felt that the design, at the direction of the City Council, had changed since the beginning, necessitating some of the changes listed on the handout. Kevin Ratigan of Architects Design Group stated that his firm is fiscally responsible to the project. Mr. Ratigan stated that the next level of design would define costs even more, and he was hopeful that when they proceed to the next phase of design they could do quantity take offs so that the cost would be very reliable. Mr. Ratigan stated that he was asking for approval to move in that direction. The next phase would produce detailed drawings, refining the estimates. CITY COUNCIL REGULAR MEETING, 817197 3 Councilwoman Monroe made a motion, seconded by Vice Mayor Furtado, to move forward with the project, while staff continued to work with Architects Design Group. The motion was unanimously carried. Mr. Ratigan asked for a special workshop session with the City Council in approximately 8 weeks. Canal Maintenance City Engineer Lindahl stated that City Council directed staff to report back re: canal maintenance schedules and procedures. Bob Patty, Director of Public Works, handed 2 memorandums to the City Council dated 817197. The first memorandum detailed the Gardens East Drainage Basin/Gardens East Apartments. The second detailed the Canal Maintenance of Aquatic Vegetation. Mr. Patty stated that the City had received a permit to use grass carp for vegetation maintenance for some canals and was seeking further permits for other canals within the City. The City Council agreed that the City should take a pro- active stance on ways of keeping the canals and lakes clean. Councilwoman Monroe suggested that residents be warned that if they have planted vegetation in access ways to the canals throughout the City that it may be removed by the City in cleaning efforts. Mayor Russo asked that residents be informed via CityLine and that those residents that have personally written a CITY COUNCIL REGULAR MEETING, 817197 letter to the City regarding the maintenance of canals be answered in writing. AWARDING OF BIDS Tractor/Trencher Vice Mayor Furtado made a motion, seconded by Councilwoman ITEMS BY MAYOR AND COUNCIL Monroe, to award a bid for a Tractor/Trencher for the Public 4 Works Department to Florida Coast Equipment, Inc. In the amount of $25,343.86. The motion was unanimously carried. Vice Mayor Furtado Vice Mayor Furtado gave the City Manager information she had received regarding the National Insurance Rating System and asked that the City research receiving the discounts presently enjoyed by surrounding municipalities. City Manager Herakovich stated that staff was working on this project and would bring back a report at the next meeting. Vice Mayor Furtado stated that she would like monthly updates from all departments on their activities. Vice Mayor Furtado expressed her concerns with City cars being taken by employees out of the City, Mayor Russo felt the whole take home vehicle policy should be reviewed. City Manager Herakovich stated that a review of this policy had been done before the budget was generated and had asked staff to look into CITY COUNCIL REGULAR MEETING, 817197 alternatives for the coming year. City Manager Herakovich stated that she would prepare a report for the City Council regarding the take home vehicle policy. Vice Mayor Furtado stated that the Palm Beach Gardens Square Neighborhood would hold a crime watch meeting on 8/26/97. Vice Mayor Furtado expressed her concerns with the complaint procedures system utilized by the City, stating that she did not think the present system was working. Mayor Russo Mayor Russo reported on a meeting he attended regarding the Northlake Reliever Road, and felt that the City gained needed additional time to fight the County's plan. Mayor Russo stated that the North County Economic Advisory Group met today and discussed the possibility of developing 5 westward. It was felt that it would not be a positive move for north Palm Beach County if development continued west. Councilwoman Monroe asked for information regarding a possible joint meeting with the Council of Riviera Beach regarding the Northlake Reliever Road. City Manager Herakovich stated that staff was unable to get a response from Riviera Beach, but would continue trying. Mayor Russo stated that he spoke with the Manager of the Marriott Hotel concerning parking problems, and staff was directed to look CITY COUNCIL REGULAR MEETING, 817197 6 into the parking problems experienced in this area. Mayor Russo stated that the Bullet Train meeting would be held on 8127197 at 9:00 a.m. COMMENTS FROM THE PUBLIC Julie Rossow Julie Rossow, 9043 Cypress Hollow Drive, addressed the City Council regarding concerns of her community with Australian Pines located on Ballenlsles buffers. Mayor Russo stated the City will help do whatever was necessary to correct problems in this area. City Manager Herakovich was directed to have staff work with the Cypress HollowBallen1sles communities to resolve this problem. Debra McCluskey Debra McCloskey of Town Oaks addressed the City Council regarding roadway problems and canal problems in the Town Oaks Community. City Manager Herakovich stated that these issues should have been brought through her office first and added that she would discuss these problems with Ms. McCluskey. Peter Travis Peter Travis, 625 Riverside Drive, addressed the City Council re: FEMA enacted grant program, stating that the rating program application had to be received between 1011 - 12115. Mr. Travis offered his services if the City needed assistance in filling out the application. CITY COUNCIL REGULAR MEETING, 8/7/97 CONSENT AGENDA Councilwoman Monroe made a motion, seconded by Vice Mayor Furtado, to approve the Consent Agenda. The motion was unanimously carried. The following item was approved on the Consent Agenda: 1.Resolution 86, 1997, Designating a Representative to IPARC. RESOLUTIONS: 7 Resolution 81, 1997 Mayor Russo announced that Resolution 81, 1997, consideration of approval of a landscape variance for Peter Pan Preschool would be considered at the 8/21/97 City Council Regular Meeting. PUBLIC HEARINGS Resolution 82, 1997 Mayor Russo declared the Public Hearing open. Councilwoman Monroe made a motion, seconded by Vice Mayor Furtado, to postpone the Public Hearing for Resolution 82, 1997, to the City Council Regular meeting of 8/21/97, at 7:30 P.M. The motion was unanimously carried. Resolution 83, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised 7/23/97 and held on the intent of Resolution 83, 1997, consideration of approval of a conditional use for the Institute of Nail Sculpturing located in the Palm Beach Gardens Business Park. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Vice Mayor Furtado made a motion, seconded by Councilwoman Monroe, to approve Resolution 83, CITY COUNCIL REGULAR MEETING, 8/7/97 1997. The motion was unanimously carried. Ordinance 34, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised 7/23/97, and held on the intent of Ordinance 34, 1997, providing for an amendment to Section 118.40 of the Code of Ordinance to provide for the collection of fees for the use of the City Engineer and City Attorney. Councilwoman Monroe made a motion to continue the Public Hearing on Ordinance 34, 1997, to the City Council Regular 8 Meeting of 8/21/97, at 7:30 P.M. so that the Finance Director could be in attendance. Vice Mayor Furtado seconded the motion, which unanimously carried. Ordinance 37, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised 7/23/97, and held on the intent of Ordinance 37, 1997, providing for an amendment to the elevations of the Bridge Center Planned Unit Development. Marty Minor, Principal Planner for the City, stated that legal staff had determined that the petition for the Bridge Center should have gone before the Planning and Zoning Commission regarding the outdoor seating. The petitioner has dropped the outdoor seating from the application, however, the first reading of Ordinance 37, 1997, at the last meeting was null and void because of the revision. A new Ordinance 37, 1997, was offered in its place and stead, CITY COUNCIL REGULAR MEETING, 817197 9 eliminating the outdoor seating references and contained a new condition of approval. Robert Curry of Robert Curry Architects addressed the City Council stating that the proposed 50 outdoor seats would now be contained indoors. Proposed plans were for a building that was 18 feet shorter in height, and Mr. Curry pointed out that the trash area was internal and air conditioned to eliminate odors. Councilwoman Monroe made a motion, seconded by Vice Mayor Furtado, to place Ordinance 37, 1997, on first reading, by title only. The motion was unanimously carried. The City Clerk read Ordinance 37, 1997, by title, only on first reading. RESOLUTIONS: Resolution 79, 1997 Resolution 79, 1997, appointment of members to the Education Advisory Board, was pulled from the agenda and placed on a future agenda of the City Council because the Education Advisory Board Liaison, Councilman Eric Jablin, was not in attendance. Resolution 85, 1997 Councilwoman Monroe made a motion, seconded by Vice Mayor Furtado, to approve Resolution 85, 1997, approval of Devonshire Nursing Home Temporary Access Way, PGA National Commerce Park, Hiatt Drive. The motion unanimously carried. Resolution 87, 1997 A discussion ensued as to whether the City Council intended to extend the due date of the final report from the Neighborhood CITY COUNCIL REGULAR MEETING, 817197 10 Initiative Task Force, thereby extending the date to dissolve the Task Force itself, (Version "A" of Resolution 87, 1997) or intended to have the Final Report due at the original date of September, 1997, and extend the life of the Task Force for an additional 6 months (Version "B" of Resolution 87, 1997). It was the consensus of the City Council to extend the life of the Task Force for an additional 6 months. Vice Mayor Furtado made a motion to approve Version "B" of Resolution 87, 1997. The motion was seconded by Councilwoman Monroe and unanimously carried. ORDINANCES: Ordinance 39, 1997 Councilwoman Monroe made a motion, seconded by Vice Mayor Furtado, to place Ordinance 39, 1997, on first reading, by title only. The motion was unanimously carried. The City Clerk read, on first reading, by title only, Ordinance 39, 1997, approval of Impact Fees for the Police Department, Fire Department, EMS, and Parks and Recreation. Council directed that Mr. Henry Iler be in attendance at the public hearing for Ordinance 39, 1997, to discuss the proposed impact fees. Ordinance 40, 1997 Councilwoman Monroe made a motion, seconded by Vice Mayor Furtado, to place Ordinance 40, 1997, on first reading, by title only. The motion was unanimously carried. The City Clerk read, on first CITY COUNCIL REGULAR MEETING, 817197 11 reading, by title only, Ordinance 40, 1997, providing for revisions to Section 114, Article IV, Division 9 of the Palm Beach Gardens Code. Ordinance 41, 1997 Marty Minor, Principal Planner, reviewed a request for an amendment to the Gardens Plaza PUD to allow for two flat wall signs, which represent a tenant, Merrill Lynch, within the Gardens Plaza office tower. Staff recommended denial of the application as it was not in compliance with the City's Sign Code. Mr. Greg O'Hare, representing Merrill Lynch addressed the City Council stating that the request signage was needed in order for customers to be able to find the office. It was the consensus of the City Council that the City had a Sign Code that has been consistently enforced by the City Council, and there was no desire to make an exception for this project. Ordinance 41, 1997, died for lack of a motion. ITEMS FOR DISCUSSION Shoppes on the Green Marty Minor, Principal Planner, reviewed the request for a time extension for the fixture development of the Shoppes on the Green PUD. The future construction includes a 6,990 square foot building and 24,767 square feet of retail. Mr. Minor explained that the project is part of an overall DRI with a projected build -out date CITY COUNCIL REGULAR MEETING, 817197 12 of August 29, 2003, and pointed out that a traffic report was not required. Sarah Lockhart of Gee and Genson, representing the development, stated that ideally the applicant would like an extension of time to August 29, 2003, however, would consider a 2 or 3 year time extension. Mr. Minor pointed out that the City Forester asked for a revised landscape plan along the Turnpike, and that a 2 -3 year time extension would ensure that the landscape plan would be submitted and enforced. Staff was directed to meet with the City Attorney to determine the appropriate time extension, with the City Council agreeable to a 2- 3 year time extension. Comp Plan Workshop Kim Glas, Principal Planner, addressed the City Council regarding the EAR -based Amendments to the Comprehensive Plan for Conservation, Coastal Management, Infrastructure, Public Safety and Recreation and Open Space elements. Mrs. Glas stated that staff was preparing revisions to the Comprehensive Plan based upon the Evaluation and Appraisal Report and the "Vision ". Revisions included: (1) revising goals, objectives and policies for "maintenance" rather than establishment or implementation of a program, regulation or policy; (2) putting more specificity into the CITY COUNCIL REGULAR MEETING, $17197 13 Plan, rather than deferring to the Land Development Regulations (i.e. environmental preservation requirements); (3) revising the coastal high hazard area consistent with the Category 1 hurricane evacuation area; and (4) revising water and sewer levels of service standards consistent with Seacoast usage levels; establishing storm water quality standards consistent with federal, state and regional regulations; police protection; establishing recreation facility level of service standards per the "vision ". Ms. Glas stated that staff was seeking direction on the proposed revisions in anticipation of a September transmittal to DCA, and pointed out that other elements would be workshopped at upcoming meetings of the City Council. The City Council requested a future workshop meeting re: response time. Councilwoman Monroe briefly reviewed her concerns and stated that she would give her list of concerns to Ms. Glas. CITY MANAGER REPORT City Manager Herakovich formally welcomed Mark Hill, Growth Management Director, to the meeting. City Manager Herakovich stated that the City hired Laurie McLean as the MIS Manager, to bring the City up to date with computer equipment and programs. City Manager Herakovich reported on improvements on RCA Boulevard. City Manager Herakovich reported that there had been a water force main break on Military Trail today, requiring the shut down of lanes. City Manager Herakovich stated that CITY COUNCIL REGULAR MEETING, JULY 17, 1997 14 Gary Brandenburg, attorney for the petitioner, reviewed the history of the application. The City Council was shown revised plans that would incorporate some of the concerns of staff and City Council. The City Council expressed their concern that they are being asked to juggle landscaping and pavement and the concentration should be on the size and depth of the units. Attorney Acton stated that the Code had a provision (Section 118- 43(f)(6)(b) that required that the City receive even minor changes and information when there is a revision to the application, five working days before Council consideration. Council felt that Resolution 66, 1997, should not have been placed on the agenda for this evening. The City Forester explained the difference in the proposed landscaping and the landscaping that was approved by the County for the carriage homes. Councilwoman Monroe felt that it was easy for the applicant to state they would fix certain items in the proposed landscape /parking plans, but once they start construction they realize that there are problems. Mayor Russo stated that residents wanting to speak regarding this issue would be limited to 3 minutes and asked that they not repeat complaints expressed by previous speakers. Carey Podesta Carey Podesta, attorney for the Westwood Gardens/Westwood Lakes HOA, stated that there were promises of a specific time limit CITY COUNCIL REGULAR MEETING, 817197 15 CITY ATTORNEY REPORT City Attorney David Acton reported that he has been working with The attorneys for the 4 governmental entities concerning the Northlake Boulevard Task Force Interlocal Agreement and had drafted an agreement that was being reviewed by each of them. Attorney Acton stated that the final draft of the agreement would be brought before the City Council in September. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 10:46 p.m. APPROVAL Z'1'6 OR JOSEPH R.RUSSO VICE MAYOR LAUREN FURTADO COUNCILWOMAN LINDA MONROE COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK ATTEST: LINDA V. KOSIER, CMC, CITY CLERK