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HomeMy WebLinkAboutMinutes Council 100997CITY COUNCIL OCTOBER 9, 1997 The October 9, 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 roll was called by the Deputy 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 Eric Jablin. Councilman David Clark was absent as he was out of town. ANNOUNCEMENTS Mayor Russo stated that the announcements were as listed on the Agenda and posted on the City's bulletin boards. PRESENTATIONS Mayor Russo presented Deputy City Clerk Cindy Harvey with a Plaque awarding her the honor of Certified Municipal Clerk. Mayor Russo also congratulated Cindy on completing her educational requirements to receive her Bachelor's Degree in Public Administration. CITY MANAGER REPORT City Manager Herakovich reported that Sue Miller, Director of Parks and Recreation received an award for Outstanding Service. She reported that the Palm Beach Gardens Youth Athletic Association has scheduled their annual meeting for October 14, 2 CITY COUNCIL REGULAR MEETING, 1019197 1997, at 7:00 P.M. at Howell Watkins Middle School Mrs. Herakovich asked Council members to notify her office if they planned to attend the Florida League of Cities affair on November 20, 1997, so reservations could be made for them. Manager Herakovich stated that the City received its ISO rating and received an above average rating classification based on an analysis of data. In order to increase this rating the City would have to continue to provide funding for certification programs and encourage education and achievements of those working as building officials. The City has received an application regarding the Flood Insurance Program and information was received that there were over 800 claims submitted last year from the City. It was also learned that there were 2,206 flood insurance policy holders in the City who have paid a total of $35,860 per year in order to obtain the highest class rating. Mrs. Herakovich stated that the new municipal complex plans would be presented to the Planning and Zoning Commission on October 28, 1997, and that ADG would be coming back before the City Council on October 30, 1997, for a workshop session. It was reported that press releases have been sent out regarding ki CITY COUNCIL REGULAR MEETING, 1019197 recreational activities after dusk, with all evening outdoor activities being cancelled. All evening activities have been rescheduled for Sundays. Mayor Russo asked that the City Manager research what Palm Beach County was scheduling for Halloween so that a press release could be given to the residents if the trick or treating festivities would be done during the day on Saturday. Vice Mayor Furtado asked that the City Manager send a thank you note to Mr. Travis who was helpful in bringing the City the CRS rating. AWARDING OF BIDS Computer NT Servers Vice Mayor Furtado made a motion to approve the purchase of 3 Dell PowerEdge 2200 NT Servers for placement in Public Works, Administration and Fire Department Station 41. The motion was seconded by Councilwoman Monroe and unanimously carried. ITEMS BY MAYOR AND CITY COUNCIL Mayor Russo Mayor Russo stated that Jeff Ornstein wanted to address the City Council regarding construction management and building. Mr. Ornstein advised the City Council that if the City had a good architect, which he felt the City did, then the City did not need to hire a construction manager. Mr. Ornstein did not feel the size of the project warranted the hiring of a construction manager and 4 CITY COUNCIL REGULAR MEETING, 10/9/97 pointed out that the architect could employ a person that could be on the project daily. City Manager Herakovich stated that staff would research Mr. Ornstein's advice between now and the workshop scheduled for October 30, 1997. Vice Mayor Furtado Vice Mayor Furtado reported that she was officially appointed to the Juvenile Justice Council for Palm Beach County and North County would be receiving it's own truancy office. Vice Mayor Furtado stated she had some information regarding House Bill 2121 that she would be giving to Paul Friedman, Management Administrator, that pointed out that if approved it would not only affect education, but also impact most of the programs that the Juvenile Justice System has in Palm Beach County. The needed space that would come from the modular class rooms would not be received by the Juvenile Justice System. Councilwoman Monroe Councilwoman Monroe reported that she attended the Northlake Boulevard Task Force Meeting last night whereby it was decided that next month an engineer from West Palm Beach will attend to discuss how they are doing changes in West Palm Beach in older neighborhoods in terms of streetscaping and landscaping. The Task Force would be establishing a committee to put together an CITY COUNCIL REGULAR MEETING, 1019197 RFP for design work and make recommendations for Northlake Boulevard. Councilwoman Monroe stated that the report regarding the median landscape program with Palm Beach County made the program look impossible unless canal water was available. Councilwoman Monroe did not think the report gave a clear indication of just how much was available for what distance. Councilwoman Monroe asked for more information. City Manager Herakovich stated that there are opportunities to work with the State regarding the digging of wells for irrigation purposes and hoped that would be an alternative. Additionally, Seacoast lines coming into the various communities would help the prices to go down in the future. Councilwoman Monroe stated that if there were canals available the work could be done immediately, however, if this was not the case, the City needed to tell the County to continue with the planting of Bahaia Grass. Councilman Jablin Councilman Jablin stated that he attended the meeting of the Education Advisory Board last night and they had a discussion with Paul Houlihan of Palm Beach Gardens High School. Councilman Jablin stated that the Council would be presented with a Resolution in the near future supporting some changes in House C CITY COUNCIL REGULAR MEETING, 10/9/97 IM-M Mayor Russo Mayor Russo stated he attended the High School Magnet Program Golf Tournament Luncheon on Saturday Mayor Russo stated that the tournament raised over $20,000 for the school. Mayor Russo stated on Tuesday there would be a joint meeting of the School Board at 2:00 P.M. that would include the County Commission and the Municipal League. Mayor Russo reported on the High Speed Rail meeting and felt that it was a successful meeting. Mayor Russo reported he attended the Economic Advisory Board meeting last week. CONSENT AGENDA Councilwoman Monroe made a motion, seconded by Vice Mayor Furtado to approve the Consent Agenda. The motion unanimously carried. The following items were approved on the Consent Agenda: 1. 7/21/97 City Council Workshop Minutes 2. 8/21/97 City Council Regular Meeting Minutes. 3. 8/28/97 City Council Workshop Minutes 4. 9/4/97 City Council Regular Meeting Minutes. 5. Resolution 104, 1997 - MPO Interlocal Agreement 6. Resolution 105, 1 997 - Endorsing a Partnership Between Palm Tran and the School Board of Palm Beach County. 7. Resolution 111, 1997 - Contract for a Tennis Pro 8. Resolution 112, 1997 - Appointment of City Engineer 9. Resolution 118, 1997 - FinaI Plat of Parcel 25b, Ballenlsles PUBLIC HEARINGS: 7 CITY COUNCIL REGULAR MEETING, 1019197 Resolution 92, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised 8120197 and postponed from the 914197 and 9118197 Regular Meetings of the City Council and held on the intent of Resolution 92, 1997, consideration of approval of Shoppes on the Green Time Extension. Marty Minor, Principal Planner, briefed the City Council regarding Resolution 92, 1997. Sarah Lockhart, agent for the petitioner, addressed the City Council stating that the petitioner was asking for a longer period for the time extension in an effort to be afforded the opportunity to work with the individual tenants regarding the landscaping. There being no comments from the public, Mayor Russo declared the Public Hearing closed Councilwoman Monroe made a motion to approve Resolution 92, 1997, seconded by Vice Mayor Furtado. The motion unanimously carried. Ordinance 43, 1997 Mayor Russo declared the Public Hearing open, which was duly advertsied 9124197 and held on the intent of Ordinance 43, 1997, providing for an amendment to Section 86 -26 of the Code entitled "Building Code Adopted; Permit Fees ", to change the rate of assessment of primary permit fees and to establish the amounts of CITY COUNCIL REGULAR MEETING, 1019197 other permit fees, providing for an amendment to Section 86 -27 entitled "Trade Codes Adopted ", to update references to standard and national codes. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Vice Mayor Furtado made a motion to approve Ordinance 43, 1997, and to place it on second and final reading, by title only. The motion was seconded by Councilman Jablin and unanimously carried. Ordinance 43, 1997, was read, by title only, by the Deputy City Clerk, on second and final reading. Ordinance 51, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised 9124197 and held on the intent of Ordinance 51, 1997, providing for approval of the petition of Gardens Presbyterian Church for rezoning of 8.91 acres of land located at the Northeast Corner of Hood Road and Central Boulevard to a Planned Unit Development, in order to construct a 9,000 square foot church. Vice Mayor Furtado made a motion to continue the Public Hearing until November 6, 1997, at 7:30 P.M. The motion was seconded by Councilman Jablin and unanimously carried. RESOLUTIONS Resolution 106, 1997 Marty Minor, Principal Planner, reviewed the request for approval E CITY COUNCIL REGULAR MEETING, 1019197 of a site plan for Ballenisles Parcel 19A. Councilwoman Monroe expressed her concern that there were not enough guest parking spaces for the proposed project. Vice Mayor Furtado made a motion to approve Resolution 106, 1997, seconded by Councilman Jablin. The motion was approved uanimously. Resolution 107, 1997 Marty Minor, Principal Planner, addressed the City Council regarding Resolution 107, 1997, consideration of approval of amendment for BalIenlsles Basketball Court relocation. Mr. Minor stated that the BallenIsles Neighborhood Park was origninally approved via Resolution 84, 1995, and the petitioner was requestion a modification to include the relocation of a full -sized basketball court to the site from its approved location at Parcel 28, Clubhouse. Councilwoman Monroe expressed her concern that the basketball court would be located too close to a resident's backyard. Nadir Salour, petitioner, stated that the basketball court would only be used from dawn until dusk. Mr. Salour stated that there was a 25 foot buffer with an additional 10 -15 feet before the location of the basketball court. Vice Mayor Furtado made a motion to approve Resolution 107, 10 CITY COUNCIL REGULAR MEETING, 1019197 1997, seconded by Councilman Jablin. The motion was approved by a vote of 3 ayes and 1 nay, with Councilwoman Monroe casting the nay vote because of concerns stated. Resolution 108, 1997 Marty Minor, Principal Planner, addressed the City Council regarding Resolution 108, 1997, consideration of approval of BallenIsles Parcel 28 Administrative Offices. Mr. Minor stated that the request for a site plan amendment was to modify condition number 2 of Resolution 42, 1994, which read "the existing administrative office building shall be removed no later than July 6, 2001, even if the PCD development is not completed. The proposed amendment would allow for the existing 5,000 square foot administrative building to remain permanently and would allow for 90,167 square feet, including clubhouse, tennis and fitness and the administrative building. Mayor Russo expressed concern that the residents may be charged for the building when the property would eventually be turned over to the residents of BallenIsles. Councilwoman Monroe asked if there were any conditions that state what the building could be used for in the future. Mayor Russo asked that the Resolution be postponed so that a legal determination could be obtained regarding whether the Council CITY COUNCIL REGULAR MEETING, 1019197 should approve a petition that could cost the residents of BallenIsles in the future if they decided they did not want a building that originally was approved to be torn down. Roy Davidson stated that the petitioner would be agreeable to a condition that would require that the petitioner tear down the building at their cost if the residents decide not to purchase the building in the future or that the petitioner would leave the building if the residents wanted the building. Resolution 108, 1997, would be brought back to the City Council for consideration at the November 6, 1997, meeting if all legal issues were resolved. Resolution 109, 1997 City Manager Herakovich outlined the proposed Wage and Compensation Plan for the 1997/1998 Fiscal Year. A discussion ensued regarding a 40 hour work week with a 37 -1 /2 hour work week and the comparisons made in the Plan. City Manager Herakovich stated that there were discussions taking place with employees that presently work 37 -112 hours per week and the possibility of going to a 40 hour work week. Councilwoman Monroe made a motion to approve Resolution 109, 1997, seconded by Vice Mayor Furtado. The motion was unanimously carried. 12 CITY COUNCIL REGULAR MEETING, 1019197 Resolution 113, 1997 City Manager Herakovich briefed the City Council regarding Resolution 113, 1997, consideration of approval providing for a Developer's Agreement between Palm Beach County and the City for the expansion of the North County Courthouse Facilities. Councilwoman Monroe made a motion to approve Resolution 113, 1997, seconded by Councilman Jablin. The motion was unanimously carried. Resolution 115, 1997 Vice Mayor Furtado made a motion to place the name Karen Robinson in Resolution 115, 1997, appointment of a member to the Parks and Recreation Advisory Board, as a regular member. Vice Mayor Furtado withdrew her motion at the request of Councilman Jablin as he was interested in having Karen Robinson appointed as a member of the Education Advisory Board. Vice Mayor Furtado made a motion to place the name Bruce Fletcher as a member of the Parks and Recreation Advisory Board. The motion was seconded by Councilman Jablin and unanimously carried. Resolution 116, 1997 Vice Mayor Furtado made a motion to appoint Bertha Matics as the Plat 3 representative on the Neighborhood Initiative Task Force. The motion was seconded by Councilman Jablin and unanimously carried. 13 CITY COUNCIL REGULAR MEETING, 10/9197 Resolution 117, 1997 Marty Minor, Principal Planner, addressed the Council regarding Resolution 117, 1997, for site plan approval of the construction of 14,000 square feet of office and 12,000 square feet of warehouse facility known as StainSafe Industries to be located within PGA National Commerce Park. Mr. Minor stated that the facility is to be utilized as national corporate offices for StainSafe Companies and also would be utilized for the future clients for educational and background presentation which would occur in the proposed training area located at the core of the new facility. Richard Arends, representing the petitioner, addressed the City Council, outlining the proposed site plan. Councilwoman Monroe made a motion to adopt Resolution 117, 1997, seconded by Vice Mayor Furtado. The motion unanimously carried. ORDINANCES: Ordinance 17, 1997 Councilwoman Monroe asked that between first and second reading, staff research whether there was a Ieash law on the books, and why it was not included in this ordinance. Councilwoman Monroe stated that she would like to see a lot of publicity once this ordinance is adopted. Betty Nurenberger Betty Nurenberger, resident of Palm Beach Gardens, asked whether 14 CITY COUNCIL REGULAR MEETING, 1019197 parrots were being addressed in this ordinance. Vice Mayor Furtado stated that she would prefer that a leash be required instead of the word "contained ". Councilwoman Monroe questioned Section 14 -6 "C" regarding enforcement. City Attorney Acton explained that this section allowed the City to institute a civil proceeding in court against an individual for having a nuisance. Councilwoman Monroe made a motion to place Ordinance 17, 1997, on first reading, by title only. The motion was seconded by Vice Mayor 1~ urtado and unanimously carried. The Deputy City Clerk read, by title only, on first reading, Ordinance 17, 1997, providing for amendment of Section 14 -1 through 14 -5 of the Code of ordinances providing for the addition of Section 14 -6 entitled "animals Creating a Nuisance "; providing for addition of Section 14 -7 entitled "Inoculation Required ". ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 9:31 P.M. 15 CITY COUNCIL REGULAR MEETING, 1019/97 APPROVAL (ee,"'bik JOSEPH i.RUSSO VICE MAYOR LAUREN FURTADO COUNCILWOMAN LINDA MONROE COUNCILMAN ERIC JABLIN r - COUNCILMAN DAVID CLARK ATTEST: LINE . KOSIER, CMC, CITY CLERK