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HomeMy WebLinkAboutMinutes Council 050296CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS MAY 2, 1996 The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Mayor Russo at 7:30 P.M. in the Assembly Room of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida. ROLL CALL The City Clerk called the roll and present were Mayor Russo, Vice Mayor Furtado, Councilwoman Monroe Councilman Jablin, and Councilman Clark. ANNOUNCEMENTS Mayor Russo stated that the announcements were as posted on the City's bulletin boards. AWARDING; OF BIDS: EMPLOYEE ASSISTANCE After discussion, it was the consensus of the City Council to delay awarding a bid for the Employee Assistance Program until feedback had been obtained from employees regarding whether they would be comfortable making a change in the provider, and until research had been done to determine whether a change would be good or bad. 50 TON TRAILER City Manager Herakovich reported that on April 16, City Council Regular Meeting, 5/2/96 PAGE 2 1996 staff had opened and reviewed five bids received for the purchase of a 50 -ton trailer, as duly advertised 3/18/96. Staff recommended the bid be awarded to LaPine Truck and Trailer, low bidder,in the amount of $25,205. Councilman Clark made a motion to approve the staff recommendation. Councilman Jablin seconded the motion, which carried by unanimous vote of 5 -0. SOCCER FACILITY City Manager Herakovich reported that on April 26, 1996, staff had opened and reviewed six bids received for development of the Gardens Park Soccer Facility, duly advertised 3/26/96. Staff recommended the bid be awarded to the low bidder, Russell Trucking, Inc., in the amount of $1,009,222.22. Vice Mayor Furtado made a motion to approve the staff recommendation. Councilman Clark seconded the motion. Councilwoman Monroe expressed her opinion that new land should be purchased for additional recreational facilities rather than continually improving existing land. The motion carried by unanimous vote of 5 -0. RE -ORDER OF AGENDA Councilwoman Monroe made a motion to re -order the agenda in order to next consider Authorization for the City Manager to enter into a contract with Architect's Design Group. Councilman Jablin seconded the motion, City Council Regular Meeting, 5/2/96 CONTRACT FOR NEW CITY FACILITIES DESIGN which carried by unanimous 5 -0 vote. PAGE 3 City Manager Herakovich recommended approval of the contract which had been negotiated with Architect's Design Group, Inc., to provide Spatial Needs Analysis, Master Planning, and Standard Architectural/ Engineering Services for a new Municipal Complex. After a short discussion, Councilman Clark made a motion to approve the staff recommendation. Vice Mayor Furtado seconded the motion, which carried by unanimous vote of 5 -0. Vice Mayor Furtado made a motion to approve the Consent Agenda with the amendment made by Councilman Clark to the minutes of the 4/11/96 City Council Workshop. Councilman Jablin seconded the motion, which carried by 5 -0 vote. The following items were approved on the Consent Agenda: 1. Approval of Minutes of 4/11/96 City Council Workshop Meeting. 2. Approval of Minutes of 4/18/96 City Council Workshop Meeting. 3. Resolution 70, 1996 - Consideration of Approval of Plat of Frenchman's Creek Parcel G1 replat, Section 2. City Council Regular Meeting, 5/2/96 PAGE 4 4. Resolution 71, 1996 - Consideration of Approval of Plat of General Pointe PUD, PGA National. 5. Resolution 75, 1996 - Consideration of Approval to direct the City Manager to execute an agreement with the Florida Department of Transportation re: fences. 6. Resolution 76, 1996 - Consideration of Approval of Uniform Traffic Control Agreement with Eagleton Homeowners Association, Inc. RE -ORDER OF AGENDA Councilwoman Monroe made a motion to re -order the agenda in order to next consider Ordinance 6, 1996. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. ORDINANCES: ORDINANCE 6, 1996 Mayor Russo announced that the City Council would now hear comments by residents in regard to Consideration of First Reading of Ordinance 6, 1996 - Amending Ordinance 30, 1989, which created the Lake Catherine PUD, to allow the gate system at the entrance to Lake Catherine Drive to remain permanently closed through December 31, 1996. Milton Austin, 2001 Bedford Drive, favored keeping the gate functional for convenience and safety reasons and City Council Regular Meeting, 5/2/96 PAGE 5 explained that many people who favored keeping the gate open had not known about the previous meeting. Mr. Austin reported vandalism was minimal and had been non - existent since a guard had been hired. Mayor Russo advised the Public Hearing would be held on this matter June 6, 1996, and that it was the City Council's intention to approve this Ordinance on first reading at tonight's meeting and to make the decision for second reading and approval at the June 6, 1996 meeting. Dr. Craig Black, 1041 Bedford Avenue, favored keeping the gate open for safety reasons and accessibility for emergency services, and advised that since a professional security firm had become involved there had been a dramatic change. Lucille Black, 1041 Bedford Avenue, reported she had witnessed young girls climbing over the chain link fences and favored keeping the gate open so that would not happen, and in order to provide accessibility for emergency services to the Lake Catherine community. Vice Mayor Furtado made a motion to approve Ordinance 6, 1996 for consideration of first reading by title only. Councilman Clark seconded the motion, which carried by unanimous vote of 5 -0. The City Clerk read City Council Regular Meeting, 5/2/96 PAGE 6 Ordinance 6, 1996 on First Reading by title only. DISCUSSION OF AGENDA After discussion, it was the consensus of the City Council to place Items for Council Action near the beginning on future agendas and Items by the Mayor and City Council near the end. PUBLIC HEARINGS: ORDINANCE 29, 1996 Mayor Russo declared the Public Hearing open, which was duly advertised 12/25/95 and postponed from the 1/4/96, 2/1/96 and 3/21/96 Regular Meetings, for consideration of Second reading and adoption of Ordinance 29, 1996 - Amending Section 159.029 of the Palm Beach Gardens Code Land Development Regulations (Effective Period of Development Orders). Principal Planner Ellington requested further direction from the City Council regarding section (H) requirements. After discussion, no changes were made to Section H requirements; however, the following changes were suggested: Section A (1) (c): to insert the word not in front of the words initiated development; Section A (3) : to change the word require to encourage; Section G (3) (a): to insert the words an administrative in front of the word Extension and delete the words at least 60 calendar days. After further discussion regarding other changes which City Council Regular Meeting, 5/2/96 PAGE 7 should be made and upon advice of the City Attorney, it was the consensus of the City Council to postpone Ordinance 29, 1996 in order for more extensive changes to be made. There being no comments from the public, Councilman Clark made a motion to recess the Public Hearing for Ordinance 29, 1996 for a period of two weeks until the date of May 16, 1996. Councilman Jablin seconded the motion, which carried by unanimous vote of 5 -0. RESOLUTION 28, 1996 Mayor Russo declared the Public Hearing open, which was duly advertised 3/15/96, postponed from the Regular Meetings of 3/21/96 and 4/4/96, for consideration of Second Reading and Adoption of Resolution 28, 1996 - Assigning Planned Unit Development Zoning to Property Known as Damerau Office Park and Approving Development of the Property Consistent with the Plans Submitted. There were no comments from the public. A request had been received to postpone the Public Hearing to June 6, 1996, however, because of the lengthy agenda on that date, it was suggested that the postponement be to June 20, 1996. Vice Mayor Furtado made a motion to postpone the Public Hearing to June 20, 1996. Councilman Clark seconded the motion, which carried by unanimous vote City Council Regular Meeting, 5/2/96 of 5 -0. PAGE 8 RE -ORDER OF AGENDA Councilwoman Monroe made a motion to re -order the agenda in order to next consider Resolution 44, 1996. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. RESOLUTIONS: RESOLUTION 44, 1996 RESOLUTION 43, 1996 RESOLUTION 72, 1996 Vice Mayor Furtado made a motion to approve Resolution 44, 1996 - Consideration of Appointment of an Alternate Member to the Art Advisory Committee, with the name of Jay D. Doernback inserted section. Councilwoman Monroe seconded the motion, which carried by unanimous 5 -0 vote. Councilwoman Monroe made a motion to approve Resolution 43, 1996 - Consideration of Appointment of a Member to the Beautification and Environmental Committee, with the name of Donna Amado inserted into in Section 1. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. Mayor Russo expressed his opinion that the City should assure that Palm Beach Gardens taxpayers were not subsidizing the NAMAC program for other cities. Councilman Clark made a motion to approve Resolution 72, 1996 - Consideration of Approval of Addendum No. City Council Regular Meeting, 5/2/96 PAGE 9 1 to Northern Area Mutual Aid (Fire) Consortium Agreement. Vice Mayor Furtado seconded the motion, which carried by unanimous vote of 5 -0. RESOLUTION 73, 1996 Sara Lockhart, agent for Shoppes on the Green, reviewed proposed architectural features and utility easements for the proposed Burger King project, and stated that the staff conditions of approval were acceptable to the Petitioner. William Ingram, resident of PGA National and member of the CAN Board of Directors, explained that the CAN Board requested that the application be denied because of traffic and litter which would be created, and their concern that a fast -food restaurant was not consistent with the character of the shopping center and PGA National. Ms. Lockhart addressed the concerns raised by Mr. Ingram by explaining that the Petitioner would move landscaping to improve visibility for traffic and had agreed to a condition requiring litter control. Ms. Lockhart stated that carry -out service was provided by several of the existing businesses within the shopping center. Mayor Russo and Councilman Jablin expressed the opinion that this type of restaurant was not compatible with the original approval intent and with the existing improvements and therefore would vote City Council Regular Meeting, 5/2/96 PAGE 10 against this request. The other City Council members were in agreement that this restaurant in compliance with applicable Ordinances and development orders and would relieve traffic to similar establishments on Northlake Boulevard by providing PGA National residents the option of that type of restaurant near their homes. Vice Mayor Furtado made a motion to approve Resolution 73, 1996 - Consideration of Approval of a Site Plan for Parcel 2, Shoppes on the Green, Burger King, within the PGA National Resort Community PCD. Councilman Clark seconded the motion, which carried by vote of 3 -2, with Mayor Russo and Councilman Jablin voting against the motion for reasons previously stated. Councilwoman Monroe made a motion to reconsider Resolution 73, 1996 - Consideration of Approval of a Site Plan for Parcel 2, Shoppes on the Green, Burger King, within the PGA National Resort Community PCD. Vice Mayor Furtado seconded the motion, which carried by unanimous vote of 5 -0. Councilman Clark made a motion to approve Resolution 73, 1996 as amended with an additional Condition 6 in Section 1 reading as follows: a revised site plan shall be submitted showing all easements on the site acceptable to the City Engineer prior to the City Council Regular Meeting, 5/2/96 PAGE 11 approval of the construction drawings. Vice Mayor Furtado seconded the motion, which carried by 3 -2 vote. Mayor Russo and Councilman Jablin voted against the motion for reasons previously stated. RESOLUTION 74, 1996 City Attorney Baird verified to Councilwoman Monroe that although she was a member of the governing Board of the Palm Beach Gardens Medical Center, she was allowed to vote on Resolution 74, 1996 since she received no compensation. After comments by staff and by Steven Caraccio, agent for the Petitioner, Councilman Clark made a motion to approve Resolution 74, 1996 - Consideration of Approval of an amendment to the Palm Beach Gardens Medical Center PUD to allow the removal and replacement of existing signage to facilitate a name change due to new ownership. Councilwoman Monroe seconded the motion, which carried by unanimous 5 -0 vote. ITEMS FOR COUNCIL ACTION: STRUCTURAL ANALYSTS CONTRACT Councilman Clark made a motion to approve the staff recommendation to authorize the City Manager to enter into the contract with David Griffith & Associates, Ltd., to conduct a Structural Analysis. Vice Mayor Furtado seconded the motion, which carried by unanimous vote of 5 -0. City Council Regular Meeting, 5/2/96 TTPMS RY MAYOR AND PAGE 12 COUNCIL• COUNCILMAN JABLIN Councilman Jablin reported that the North County Forum Implementation Committee had received no comments from the City regarding the Committee's recommendations, and that the committee had discussed the concurrency issue. Mayor Russo explained that the Municipal League was in favor of concurrency as long as a funding program was in place. Discussion ensued regarding proposed concurrency phasing, and the fact that the School Board had provided no plan to fix the problem. Councilman Jablin expressed the hope that the City Council would consider a resolution to support the concurrency concept. It was the consensus of the City Council to direct staff to prepare a resolution. COUNCILMAN CLARK Councilman Clark thanked the Palm Beach City Fire Department personnel for transporting his injured father to St. Mary's Hospital after his recent automobile accident. COUNCILWOMAN MONROE Councilwoman Monroe related an incident in which an unidentified member of the Fire Department had offered assistance to another resident who was changing a tire on the side of I -95, which had been much appreciated. Councilwoman Monroe reported erroneous information City Council Regular Meeting, 5/2/96 PAGE 13 reported in a newspaper distributed to gated communities that attributed quotes to her that she did not say. VICE MAYOR FURTADO Vice Mayor Furtado referred to proposed legislation that would replace the current school district with smaller school districts and questioned whether City Council members could participate in gathering signatures for petitions. City Attorney Baird responded that City Council members and City appointed members of City Boards should be careful about engaging in particular political actions other than those they had been elected or appointed to perform for the City. Vice Mayor Furtado requested that interested parties contact her for information regarding the proposed legislature. The Vice Mayor reported that the Recreation Board had requested that two alternates be appointed. It was the consensus of the City Council that the resolution governing appointments to the Parks and Recreation Advisory Board be changed to allow appointment of alternates. Vice Mayor Furtado suggested that consideration be given to changing zoning on a parcel located at the northwest corner of Alternate AlA and FGA Boulevard from light industrial to commercial. After a City Council Regular Meeting, 5/2/96 PAGE 14 discussion it was the consensus of the City Council to assure that any type of vehicle which might need access to that parcel in a future development would be accommodated, and to look into industrial zoning in the western portion of the City. COUNCILWOMAN MONROE Councilwoman Monroe requested that another City Council member attend meetings of the North County Forum Implementation Committee in the future, which Councilman Jablin agreed to do. CITY MANAGER REPORT The City Manager reported that other communities did not provide name badges or business cards to advisory board members. It was the consensus of the City Council to have name plates made for use by advisory board members at their meetings. The City Manager requested that City Council members contact her if they were interested in attending the Excellence in Government symposium. The City Manager reported the success of the recent Computer Art Show. City Manager Herakovich reported Mayor Russo's election to the Municipal League Board and discussion at their recent meeting regarding Sustainable South Florida. Announcements were made for the annual Chamber of Commerce Breakfast to be held May 10, and Youth Summer Opportunities on May 9. The City Manager reported City Council Regular Meeting, 5/2/96 PAGE 15 staff concerns regarding the dumpster ordinance and its contribution to the decline of recycling, and received City Council consensus to present this issue at a City Council meeting. A City Council workshop meeting was scheduled for May 30, CITY ATTORNEY City Attorney Baird reported that an agreement had been reached by the parties in the Cypress Hollow - Ballenlsles dispute. It was the consensus of the City Council to waive administrative fees for the site plan in this case. City Council Regular Meeting, 5/2/96 PAGE 16 ADJOURNMENT There being no further business to discuss, motion was made by Councilwoman Monroe, seconded by Councilman Clark, and unanimously approved to adjourn the meeting at 9:50 P.M. APPROVAT /JOE SO VICE MAYOR LAUREN FURTADO �a � C e�- COUNCILWOMAN LINDA MONROE COUNCILMAN ERI ABLIN COUNCILMAN DAVID CLARK ATTEST: NDA V. KOSIER, CMC, CITY CLERK