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HomeMy WebLinkAboutMinutes Council 091596CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING SEPTEMBER 5, 1996 The Regular Meeting of the City Council of the City of Palm Beach Gardens 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 City Clerk and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin, and Councilman David Clark, Councilwoman Monroe was not in attendance as she was out of town. DECLARING THE RESULTS OF THE ELECTION Mayor Russo expressed his thanks to all the volunteers that supported the City's Bond Referendum Election and Charter Amendments Election that was held on Tuesday, September 3, 1996, Mayor Russo also thanked Mr. Gruenwald, Ronda Lynn, City staff and all residents who took the time to vote during this election. Mayor Russo expressed his concern with an illegal, negative mailing that was sent to some of the residents a few days before the election. The mailing contained misleading statements, and Mayor Russo felt that some of the information contained in the mailing may have had a negative CITY COUNCIL REGULAR MEETING, 9/5/96 impact on those casting their votes. Mayor Russo stated that he would like to see the City do an investigation to find who did the mailing, and if found, stated they would be prosecuted. Resolution 142,1996 Councilman Clark made a motion, seconded by Vice Mayor Furtado to approve Resolution 142, 1996, Declaring the Results of the City's Special Referendum Election and Charter Amendments Election that was Conducted on September 3, 1996. The motion was unanimously carried. PRESENTATIONS Distinguished Budget Award Mr. Mery Timberlake, Finance Director of Boca Raton, presented a plaque awarding the City of Palm Beach Gardens the Distinguished Budget Award. Mr. Timberlake stated that there were only 5 cities in Palm Beach County that have received this award and outlined the strict guidelines followed in order to receive the award. Mayor Russo and the City Council thanked Mr. Timberlake for the award and Finance Director Kent Olson for his hard work in bringing the City to this level of stability with the City's budget. Spotlite Players Mr. Lou Tomasovic of the Spotlite Players thanked the City Council for 4 CITY COUNCIL REGULAR MEETING, 9/5/96 their support over the many years they have been located in the City of Pahn Beach Gardens. Mr. Tomasovic invited the members of the Council to attend their performances throughout the year. AWARDING OF BIDS Oaks Park Tennis Courts City Manager Herakovich reported that the City received 3 bids for the construction of two lighted tennis courts for Oaks park. Staff recommended David Jarrell Construction of Palm Beach Gardens be awarded the bid in the amount of $47,550 as it was the lowest bid. Councilman Clark made a motion to approve the awarding of the bid to David Jarrell Construction in the amount of $47,550, as recommended by staff. Councilman Jablin seconded the motion, which was unanimously caried. Health and Dental Insurance City Manager Herakovich reported that the City received bids for health, life and dental insurance and staff was recommending the bid be awarded to Humana for the health and United/Met Life for the dental and life insurance portion. The City's Agent of Record, Kurt Gehring addressed the City Council, comparing the benefits with Anthem, the City's current provider. Mayor Russo expressed his concern with HMO's and possible 3 CITY COUNCIL REGULAR MEETING, 9/5/96 problems in the change to employee benefits. Finance Director Olson explained that the City's employees were getting a broader base of benefits and were not losing any benefits that were currently provided. Harry Briglio, SEIU representative, addressed the City Council and expressed his displeasure that the unions were not given a 30 day notice that this change would possibly take place. Councilman Clark made a motion to approve the awarding of the bid for health, life and dental insurance as recommended by staff, to Humana and United/Met Life. The motion was seconded by Councilman Jablin and unanimously carried. ITEMS BY MAYOR AND COUNCIL THAT REOUIRE ACTION Vice Mayor Furtado Vice Mayor Furtado stated that the Metropolitan Planning Organization would be meeting on September 19, 1996, and discussing important traffic issues that affect Palm Beach Gardens such as the turnpike exchange and flyover. Vice Mayor Furtado invited members of the Council to attend the meeting. Vice Mayor Furtado reminded the Council that they promised to form a Task Force for the beautification of the older neighborhoods. CITY COUNCIL REGULAR MEETING, 9/5/96 CONSENT AGENDA Vice Mayor Furtado asked that Resolution 143, 1996, be pulled from the Consent Agenda as she had a question regarding that issue. Councilman Clark made a motion, seconded by Councilman Jablin, to approve the Consent Agenda, except Resolution 143, 1996. The motion was unanimously carried. The following items were approved on the Consent Agenda: 1. Proclaiming September 17 -23, 1996 as "Constitution Week" 2. Resolution 134, 1996 - Consideration of Approval of the Plat of Ballenlsles POD 22. RESOLUTIONS: Resolution 143,1996 Vice Mayor Furtado stated that staff had recommended approval of Resolution 143, 1996, approval to authorize the City Manager and City Clerk to execute an Interlocal Agreement between Palm Beach County and the City to participate in the Forestry Partnership Program. Vice Mayor Furtado stated that staff's recommendation was to support this in an amount not to exceed $500, however, Vice Mayor Furtado stated she spoke with Jeff Coons and recommended that the City try to do better than $500. Vice Mayor Furtado pointed that the City has received grant monies from the Beautiful Palm Beaches and has been fortunate to have a City Forester on staff. Councilman Clark stated that one of the things the City 5 CITY COUNCIL REGULAR MEETING, 9/5/96 does besides contributing money was offer the talent of the City Forester as part of the partnership, providing a balance in the partnership. Mayor Russo stated that he had a problem giving more than $500 and taking just a minor membership in the Economic Development Board. Vice Mayor Furtado recommended a donation of $1000. Councilman Clark made a motion to approve Resolution 143, 1996, and that the City contribute $1000 to the Forestry Partnership Program. The motion was seconded by Councilman 7ablin and unanimously carried. PUBLIC HEARINGS Ordinance 17, 1996 Mayor Russo declared the Public Hearing open, which was advertised by the Property Appraiser's Office via the mailing of the proposed tax bills. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to place on first reading, Ordinance 17, 1996, levying a tax on real and personal property located within the corporate limits of the City of Palm Beach Gardens, Florida, for the year ending December 31, 1996; affixing a total valuation thereon and tax rate thereon for said year; adopting a fiscal budget for the fiscal year beginning October 1, 1996, and ending on September 30, 1997, inclusive; appropriating funds for expenditures; providing for the repeal of ordinances in conflict herewith; and, providing for an effective date. CITY COUNCIL REGULAR MEETING, 9/5/96 Councilman Jablin seconded the motion, which was unanimously carried. Resolution 100, 1996 Mayor Russo reopened the Public Hearing for Resolution 100, 1996, consideration of approval for a conditional use for the construction of three (3) 363 -foot communication towers. Mayor Russo stated that the purpose for this Public Hearing being on this agenda was to announce a date and time certain as well as a location for the public hearing to be held. Councilman Jablin made a motion to recess the Public Hearing to September 26, 1996, at 7:00 p.m. at the Palm Beach Gardens Community High School Auditorium. The motion was seconded by Councilman Clark and unanimously carried. Resolution 133,1996 Marty Minor, Planner, addressed the City Council and stated that Resolution 133, 1996, has been discussed by the City Council and that this meeting was the required advertised public hearing. Resolution 133, 1996, was consideration of approval authorizing and directing the Mayor to sign the Statement of Interest and Application for Designation Under the Florida Sustainable Communities Demonstration Project. Mayor Russo declared the Public Hearing open. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to approve Resolution 133, 1996. The motion was seconded by Councilman Jablin and unanimously 7 CITY COUNCIL REGULAR MEETING, 9/5/96 carried. Resolution 138, 1996 Mayor Russo declared the Public Hearing open. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion, seconded by Councilman Jablin, to approve Resolution 138, 1996, consideration of approval of a conditional use in the M -1, Research and Light Industrial Park District, for a Veterinary Clinic within the Palm Beach Gardens business Park. The motion was unanimously carried. RESOLUTIONS Resolution 120,1996 Planning and Zoning Director Richard Walton suggested that Resolution 120, 1996, be amended to replace the word "waiver" with "minor amendment' throughout the resolution. Vice Mayor Furtado made a motion to approve Resolution 120, 1996, consideration of approval of a waiver to allow a reduction in the rear building setback of Lot 50, POD 13 -A located in the BallenIsles PCD. The motion was seconded by Councilman Jablin and unanimously carried. Resolution 135,1996 Planning and Zoning Director Richard Walton detailed the request for consideration of approval to amend the Sunset Bay Planned Unit Development (Parcel 17) to allow an additional floor plan Model "F -2 ". Vice Mayor Furtado made a motion to approve Resolution 135, 1996. The 8 CITY COUNCIL REGULAR MEETING, 915/96 motion was seconded by Councilman Clark and unanimously carried. Resolution 136, 1996 Planning and Zoning Director Richard Walton detailed the request for consideration of approval to amend the exterior colors in the design guidelines (from pink to green), for Parcel M -36, known as General Pointe, located on Championship Drive within the PGA National Planned Community District. Vice Mayor Furtado made a motion to approve Resolution 136, 1996, seconded by Councilman Jablin and unanimously carried. Resolution 137, 1996 Planning and Zoning Director Richard Walton detailed the request for consideration of approval to amend the signage for the North County Surgicenter located on the south side of Burns Road and immediately east of Interstate 95. Councilman Clark made a motion to approve Resolution 137, 1996. Councilman Jablin seconded the motion, which was unanimously carried. Resolution 139,1996 Planning and Zoning Director Richard Walton stated that this was a request for a waiver from the side yard setback requirement of 7.5 feet for Lot 112 at the St. James Planned Unit Development in the Ballenlsles Planned Community District. The waiver request is the result of an error by J.J. Gibson and Associates, Inc. Land Surveyors. While conducting a form board survey on 10/5/95, they mistakenly showed that the form 9 COUNCIL REGULAR MEETING, 9/5/96 boards met the required 7.5 foot setback. A second survey was conducted on 2/28/96 when the residence was 90 percent complete. The new survey showed that the residence actually had a side -yard setback of 6.75 feet at the front and 5.33 feet at the rear. The adjoining residence on Lot 113 is setback more than 7.5 feet providing the minimum separation of 15 feet between the homes. Attorney Steven Mathison, agent for Mr. and Mrs. Kalt, stated that the City Council was not to decide on monetary damages, but to rule on the setback waiver request. Attorney Mathison stated that neither the owners of Lot 112 or Lot 113 was responsible for the error made by the surveyor, but were now seeking to have the problem solved. It was the decision of the City Council that Resolution 139, 1996, be postponed to the 9/19/96 agenda and instructed the neighbors to work out a solution to the problem that was agreeable to both sides. Resolution 140,1996 Planning and Zoning Director Richard Walton detailed the request for consideration of approval of an amendment with a waiver to the Community Savings Site Plan located at the Northwest Corner of Shoppes on the Green within the PGA National PCD and adjacent to Fairway Drive to the west and Fairway Lane to the north. Vice Mayor Furtado made a motion to approve Resolution 140, 1996, with an amendment to add an additional condition that would state "Palm 10 CITY COUNCIL REGULAR MEETING, 9/5/96 Beach Community Savings, the future leaseholder, shall be responsible for maintenance of the office site and any landscaping associated with the project. Councilman Clark seconded the motion, which unanimously carried. ITEMS BY THE MAYOR AND CITY COUNCIL Vice Mayor Furtado In response to Vice Mayor Furtado, Assistant City Manager Greg Dunham reported that work on the modulars would be subbed -out and that once the moving contractor was finished setting the trailers in position, work would begin to finalize the project. Mayor Russo Mayor Russo reported that he attended a meeting this date of the North County Economic Advisory Board and was excited about work being done to bring businesses to North County. Mayor Russo asked the City Manager for a time line on steps that have taken place regarding negotiations with IAFF. CITY MANAGER REPORT City Manager Herakovich requested that the City Council meet in Executive Session on September 12, 1996, at 7:30 P.M. to discuss union negotiations. Mayor Russo and Vice Mayor Furtado had already made commitments for that date. It was determined that the City Council members would call the City Manager on September 6, 1996, with 11 CITY COUNCIL REGULAR MEETING, 9/5/96 possible meeting dates. City Manager Herakovich reported that Architects Design Group would be at the October 3, 1996, City Council meeting to present several design options to the City Council for the proposed Municipal Complex. CITY ATTORNEY REPORT City Attorney Thomas Baird introduced Carol Wallace who has been hired by their firm to work on City matters. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 9:53 p.m. APPROVAL: Joseph R. Russo inda Monroe Vide Mayor Lauren Furtado Council Eric blin Councilman David Clark ATTEST: k.inda V. Kosier, CMC, City Clerk 12