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HomeMy WebLinkAboutMinutes Council 062096 SpecialCITY COUNCIL SPECIAL REGULAR MEETING CITY OF PALM BEACH GARDENS JUNE 20, 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 Deputy City Clerk called the roll and present were Mayor Russo, Vice Mayor Furtado, Councilwoman Monroe, Councilman Jablin and Councilman Clark ANNOUNCEMENT'S Mayor Russo stated that the announcements were as posted on the City's bulletin boards. AWARDTNC, OF RTPS EMPLOYEE ASSISTANCE PROGRAM City Manager Herakovich reported that it had been learned that the majority of employees who used the program were happy with it, therefore, the recommendation had been changed to keep the current provider of services, Center for Family Services of Palm Beach County, Inc.. Councilman Clark made a motion to approve the staff recommendation. Vice Mayor Furtado seconded the motion, which carried by unanimous vote of 5 -0. City Council Regular Meeting 6/20/96 PAGE 2 4 -12 LEAD MONITOR DEFIBRALLATORS City Manager Herakovich reported that on April 23, 1996 staff had opened and reviewed one bid received for the purchase of four 12 lead monitor defibrillators which was higher than the budgeted amount. Specifications had been revised which would bring the bid price to within the budgeted amount, therefore, the City Manager recommended that the City Council reject the bid and re- advertise at a later date for bids to purchase the defibrillators. Vice Mayor Furtado made a motion to approve the staff recommendation. Councilman Jablin seconded the motion, which carried by unanimous vote of 5 -0. OCCUPATIONAL HEALTH SERVICES City Manager Herakovich reported that three bids had been received for occupational health services and that staff recommendation was to remain with the current provider, Occupational Health Center, because of its proximity to City Hall. Human Resources Director Jim Waldron reviewed costs of the different bidders, and explained that Occupational Health Center was not the lowest bidder, but would be the most efficient. Councilman Clark made a motion to approve the staff recommendation. Vice Mayor Furtado seconded the motion, which carried by unanimous vote of 5 -0. City Council Regular Meeting, 6/20/96 PUBLIC INFORMATION CAMPAIGN ITEMS BY MAYOR AND COUNCIL THAT REQUIRE ACTION City Manager Herakovich reported that two proposals had been received for the public information campaign. The City Manager's recommendation was to combine the expertise of Architects Design Group with the services of a local firm. Mayor Russo recommended a public relations campaign presented through meetings and individual contacts with voters rather than radio and television ads. During discussion, the City Councilmembers all expressed a preference for the local firm of Dick Gruenwald. Mayor Russo stated for the record that his choice was based upon cost savings and the fact that the architects must be very involved. Councilwoman Monroe recommended that an arbitrator be involved in case differences between the architect and the local firm arose. It was agreed that the City Manager would arbitrate. Councilman Clark made a motion to authorize the City Manager to enter into negotiations with Dick Gruenwald and Architects Design Group. Vice Mayor Furtado seconded the motion, which carried by unanimous vote of 5 -0. Vice Mayor Furtado reported that the City had not been scheduled for auxiliary lanes, therefore, the proposed City Council Regular Meeting, 6/20/96 �I change in priority for the I -95 barrier wall project could not be done. The Vice Mayor had presented generation figures at the MPO meeting for projects accomplished since the traffic count had been done, thus gaining FDOT attention, and a slot had been offered on the cost feasible plan which would accomplish approximately the same timing which the change in priority would have allowed. The increased trips had also opened the possibility of advancing the timing for the flyover at PGA Boulevard and Alternate A1A and incorporating it in with the extra lanes. It was the consensus of the City Council that Vice Mayor Furtado draft a letter of support to the MPO for these changes. MAYOR RUSSO Mayor Russo reported a Holly Drive resident's concern that water was not draining properly after a recent rain. Public Works Director Bob Patty reported that no drainage system in the City could handle the amount of rain received in that storm, which had been 3 inches in an hour, and that filter cloth used to prevent dirt from washing into the system during construction on Holly Drive made drainage slower, however, an hour after the storm all of the standing water had been gone. Mr. Patty reported that other City Council Regular Meeting, 6/20/96 nT drainage areas which had been recently cleaned had worked well. Mr. Patty reported that the joint RCA Boulevard project with the County was approximately half finished and would help drainage for all the nearby communities; and that the Thompson River canal near the church had been dredged back to its original normal depth by removing 8,000 cubic yards of fill which would help with water storage from the river. The fill was being utilized in other projects. Mr. Patty reported that bringing canals back to their depth of 20 years ago would allow much faster drainage throughout the City. Mayor Russo suggested that an article be placed in the City newsletter regarding the drainage work. Mr. Patty reported that the Holly Drive underground drainage construction was complete, and that the median improvements were in final stages, after which roadwork would proceed, with completion of the entire project estimated for the middle of July. Mr. Patty explained that the filter cloth would remain until the end of construction, however, holes could be punched in it to relieve any water backup when necessary, and apologized to resident Tony Anthony for his comments regarding Mr. Anthony's removal of filter cloth. City Council Regular Meeting, 6/20/96 COMMENTS FROM THE PAGE 6 PUBLIC TONY ANTHONY Mr. Anthony spoke in regard to a recent drowning within the City and requested locks to drainage systems be installed to prevent other accidents. Mr. Patty explained that the City had installed locks which had been cut off because DOT contractors had not finished their work, and they would be reinstalled. Mr. Anthony reported that since the beginning of the Holly Drive construction concern had been expressed that the kids could not walk on the sidewalks and now they still could not walk on the sidewalks because construction crew trucks were parked on the sidewalks. City Manager Herakovich encouraged Mr. Anthony to call the police, to which he responded that he did call them. The City Manager then requested that Mr. Anthony call her and she would send the police. Mr. Anthony also reported that the police were not controlling traffic speed on Holly Drive. The City Manager stated that patrols would be increased. Vice Mayor Furtado reported there had been a very severe problem this spring when many police officers had been required to fill in for crossing guards, which reduced the number of officers available for patrol. Mayor Russo requested a report from the police regarding the City Council Regular Meeting, 6/20/96 traffic problems on Holly Drive. Vice Mayor Furtado requested that contractors involved in future construction projects for the City be required to lock up each night and reopen each morning, and after completion of construction the City would be responsible for locks. Mr. Patty commented that he would get the contractor's trucks off the sidewalks. Mr. Anthony stated that the residents also parked on the sidewalks. Mr. Anthony also reported the workmanship was not being checked, and that the sidewalk was going to have to be redone. The City Manager explained the sidewalks were installed as temporary and the situation was being monitored, and follow up would be done. Mr. Anthony described the problems caused by big trucks on Holly Drive. Discussion ensued regarding sidewalk and curbing changes. Mr. Anthony commented he would present a list of his concerns at a future meeting. CONSENT AQFNDA Councilman Clark made a motion to approve the Consent Agenda with Item 4, Resolution 88, deleted. 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 5/30/96 City Council City Council Regular Meeting, 6/20/96 Meeting. 2. Resolution 79, 1996 - Consideration of Approval to Amend Section IX, "Position Classifications" of the Merit System Rules and Regulations. 3. Resolution 87, 1996 - Consideration of Approval of a Uniform Traffic Agreement for Windermere Homeowners Association, Inc. Of PGA National. 5. Resolution 93, 1996 - Consideration of Approval of 1996 Summer Schedule for City Council Meetings. 6. Resolution 94, 1996 - Consideration of Approval to Amend the Site Plan for Parcel 11, Grand Isles, located within the BallenIsles PCD. Vice Mayor Furtado requested the following changes to Consent Agenda Item 4, Resolution 88, 1996 - Consideration of Approval to Support a Northlake Boulevard /Turnpike Interchange, which had been pulled: To change the wording in the year 2008 to at the present time. Councilman Clark made a motion to approve Consent Agenda item 4, Resolution 88, 1996, as City Council Regular Meeting, 6/20/96 PAGE 9 amended. Councilman Jablin seconded the motion, which carried by unanimous vote of 5 -0. PUBLIC HEARINGS: RESOLUTION 28, 1996 Mayor Russo declared the Public Hearing open, which was duly advertised 3/15/96 and postponed from the regular meetings of 3/21/96, 4/4/96 and 5/2/96, for consideration of second reading and adoption of Resolution 28, 1996 - Assigning Planned Unit Development Zoning to Property known as Damerau Office Park and Consideration of Approval to the Development of the Property Consistent with the Plans Submitted. Planning and Zoning Director Richard Walton described changes made to the plans by the applicant and waivers requested, and requested direction from the City Council. Henry Skokowski, agent for the Petitioner, reviewed issues and conditions on behalf of the Petitioner, including engineering concerns, a waiver request for truck loading areas at each building, the cost of sidewalks, and signage to clarify that the residential style buildings actually contained businesses. City Attorney Baird clarified that any future improvements on the undeveloped portion would be subject to review by the City, and a condition could require the entire southern portion to be City Council Regular Meeting, 6/20/96 reviewed at one time. Discussion ensued regarding types of possible future structures which might be built on the vacant portion, agreement by the applicant to conditions except the dollar amount for sidewalks and condition four. A limit of three signs per building was established. City Attorney Baird reported that he had redrafted Condition 16 to assure there would not be the ability to escape review of medical office versus professional office use. The City Attorney recommended recording of the covenants proposed by the applicant and modification of Condition 16 to read as follows: A covenant shall be recorded prior to building permit with the property documents to run with the land which provides that all properties whether professional office buildings or medical office buildings shall meet City parking requirements. City Attorney Baird requested clarification from Mr. Skokowski regarding plans to be added in Section 2. Mr. Skokowski reviewed language for signage changes, agreed to provide design guidelines for signage for Dr. Damerau's building, and verified that the City Council was comfortable with the amount of voluntary contribution proposed by the applicant for sidewalk construction. City Council Regular Meeting, 6/20/96 PAGE 11 There being no further comments from the public, Mayor Russo declared the Public Hearing closed. In order to allow staff time to make the agreed -upon changes, Councilwoman Monroe made a motion to recess City Council consideration of Resolution 28, 1996 until later on the agenda. Councilman Clark seconded the motion, which carried by unanimous vote of 5 -0. Ordinance 9, 1996 Mayor Russo declared the Public Hearing open, which was duly advertised 6/5/96 for Ordinance 9, 1996 - Providing for Amendments to the City Charter, if approved by Referendum Vote on 9/3/96; Providing for a Ballot Title with captions not exceeding 15 words in length by which the proposed Charter Amendments are commonly referred to; Providing for summaries set forth an explanatory statement, not exceeding 75 words, which describes the purpose of the proposed Charter Amendments; Providing for the repeal of certain provisions of the City Charter which are obsolete, have been superseded by other State Statutes and /or which were otherwise nullified or relegated to the stature of an ordinance pursuant to Chapter 166, Florida Statutes, The Municipal Home Rule Powers Act. Mayor Russo announced this item had been canceled and would be readvertised for 6/27/96. City Attorney City Council Regular Meeting, 6/20/96 PAGE 12 Baird verified that no action on Ordinance 9, 1996 was necessary. RESOLUTIONS: RESOLUTION 86, 1996 Mayor Russo requested beautification for the FPL substation on PGA Boulevard. After discussion, Councilman Clark made a motion to approve Resolution 86, Consideration of Approval of Appointments to the Beautification and Environmental Committee, with the names of Susan Weiss, Susan Wood, and Dr. Alan J. Herron inserted into the blanks in Section 1, and the names of Sheryl Snyder and Sally Wilks inserted into the blanks in Section 2, and the name Rose K. Drexler inserted into the blank in Section 3. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. RESOLUTION 89, 1996 City Manager Herakovich described the proposed CDL policy and agreed with Councilman Clark's opinion that the policy should be as broad as possible. Vice Mayor Furtado made a motion to approve Resolution 89, 1996 - Consideration of Approval of a Drug and Alcohol Policy for Employee Drivers of Commercial Motor Vehicles (CDL Policy) . Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. RESOLUTION 90, 1996 Planning and Zoning Director Walton reviewed the staff City Council Regular Meeting, 6/20/96 PAGE 13 report dated 6/12/96 for Resolution 90, 1996 m Consideration of Approval of an Amendment to the Gardens Park Plaza Site Plan for the expansion of WinnDixie Supermarket on the Southeast Corner of Military Trail and Northlake Boulevard. Henry Skokowski, agent for the Petitioner, described the project and reviewed revisions which included landscaping additions which had been agreed to by the Petitioner, location of signage, removal of the dumpster on Northlake Boulevard, cart corrals, and the building facade architecture and proposed colors. Vice Mayor Furtado recommended a right hand turn only from the exit next to R. J. Gators onto Northlake Boulevard, which Mr. Skokowski explained was a change ordered by FDOT. The Vice Mayor also recommended that cars not be able to make a turn immediately off Military Trail; requested that the dumpster removal be added to conditions of approval; requested improved growth measures for the existing landscaping; and recommended a wider overhang on the WinnDixie store building. Councilwoman Monroe expressed disappointment with previous changes to the WinnDixie building and plantings, objected to the "marquee" look of the facade. The modular coolers outside the building were City Council Regular Meeting, 6/20/96 nmrn I n discussed, and the question was raised whether other shopping centers in the City had these coolers. Vice Mayor Furtado suggested that any extra parking places be used for landscaping in front of the building. Mayor Russo recommended that the Petitioner provide a first class upgrade to improve the shopping center and its marketing potential. Mr. Skokowski requested direction from the City Council regarding the building facade. Objections raised by the City Council included the insufficient roof overhang, and the hodge -podge of colors. Councilwoman Monroe requested a drawing of specific landscaping. RESOLUTION 28, 1996 Mayor Russo re- opened consideration by the City Council for Resolution 28, 1996. Councilman Clark made a motion to approve Resolution 28, 1996 as amended. Councilman Jablin seconded the motion. Mayor Russo commented that he would have liked to have seen this project developed fully, but would reluctantly vote in favor, with the hope that Dr. Damerau would be very successful and would be able to develop the rest of the property. The motion carried by unanimous vote of 5 -0. RESOLUTION 91, 1996 Planning and Zoning Director Walton reviewed the staff report dated June 12, 1996 for Resolution 91, 1996 - City Council Regular Meeting, 6/20/96 PAGE 15 Consideration of Approval for Tennis Court Lighting at Mira Flores located within the MacArthur Center, and recommended the lights be turned off by 10 P.M. and the light poles be bronze and 25 feet in height. City Attorney Baird read into the record the following language as recommended by Councilwoman Monroe: The lights will be shut off from 10 P.M. until S A.M. Discussion ensued regarding whether a procedure could ensure knowledge that notification had been received. Councilwoman Monroe made a motion to approve Resolution 91, 1996 with amendment to Section 3 Item 1 as read into the record, and Item 2 to be amended to match that information with the word that to be deleted and the sentence to begin with the words The lights. Councilman Clark seconded the motion, which carried by unanimous vote of 5 -0. RESOLUTION 92, 1996 The City Manager explained that Resolution 92, 1996 - Consideration of Approval of an Amendment to Loehmann's Plaza Planned Unit Development for signage modification would allow the Men's Wearhouse sign to be consistent with the City's Comprehensive Plan. After discussion, Councilwoman Monroe made a motion to deny approval of Resolution 92, 1996. Councilman Clark seconded the motion, which carried by unanimous City Council Regular Meeting, 6/20/96 vote of 5 -0. QUINANCE2 ORDINANCE 11, 1996 Mayor Russo announced that because of a conflict of interest he would not be voting on this Ordinance and that the proper disclosure form had been filed with the City Clerk. Planning and Zoning Director Walton explained that this Ordinance was only a slight variation of a similar Ordinance placed on First Reading at the last City Council meeting. Not addressed in the previous Ordinance was the issue of timing, which had not yet been changed in the Code. Mr. Walton explained that the applicant had changed the site plan to put the wall back as requested by the City Council. Councilwoman Monroe requested deletion of the last sentence in item 10(A) regarding irrigation. Councilwoman Monroe made a motion that Ordinance 11, 1996 - Approving an Amendment to the Hidden Hollow Pud for 51 Single Family Residential Dwelling Units and an Extension of Time for Completion of the Development be placed on First Reading by title only. Councilman Clark seconded the motion, which carried by unanimous vote of 4 -0. The Deputy City Clerk read Ordinance 11, 1996 by title only on First Reading. City Council Regular Meeting, 6/20/96 ITEMS FOR COTTNCIL ACTION NAMAC STUDY Mayor Russo clarified that the City's direction was not in support of one police and fire department for the whole north county area. City Manager Herakovich stated that the total amount needed for NAMAC would be disclosed during the budget hearings. Mayor Russo commented that he had no problem with authorizing expenditure of $1,000 to participate in the NAMAC study, however, would not be available to attend their meeting at which signing of the agreement was scheduled. A comment was made that the agreement could be circulated for signature after the meeting. VOTING DELEGATE TO FLORIDA LEAGUE OF CITIES Councilwoman Monroe made a motion to appoint City Manager Herakovich as voting delegate to Florida League of Cities. Councilman Jablin seconded the motion which carried by unanimous 5 -0 vote. ITEMS BY MAYOR AND VICE MAYOR FURTADO The Vice Mayor commented that an Update on FYI, Traffic Improvement Program, and Clean Air Act amendments had been adopted at the MPO meeting and would be made available to the other City Councilmembers by staff. City Council Regular Meeting, 6/20/96 PAGE 18 COUNCILWOMAN MONROE Councilwoman Monroe reported that Mr. Cordani had requested his engineer to draw a site plan for an equestrian community on Mr. Vavrus' property, which might generate support for the concept. COUNCILMAN CLARK Councilman Clark reported all applicants for the last available seat on the Planning and Zoning Commission had been interviewed and a recommendation would be made at a future meeting. COUNCILMAN JABLIN Councilman Jablin encouraged all of the City Council members to attend the Municipal League meeting on June 26 to discuss concurrency; and also announced that on June 26 the School Board would be meeting to decide whether to support the 14 sales tax. MAYOR RUSSO The Mayor urged the City Council members to attend the June 26 Municipal League meeting, and explained that he would not be able to attend due to a seminar necessary for his CPA license. It was agreed that the Municipal League must be represented at the tentatively scheduled July 2 City Council workshop. The Mayor also announced a joint meeting July 8 between the Municipal League and the County Commission and the School Board and urged everyone to attend. Mayor Russo explained that he would be sitting on the Board of Directors of the Municipal League at that City Council Regular Meeting, 6/20/96 joint meeting. CITY MANAGER City Manager Herakovich reported that alcoholic beverages and personal fireworks would not be allowed to be brought into the July 4 celebration and that access would be cut off when parking lots were full. Mayor Russo expressed concern that the event was too large. The City Manager reported that an alternate site could not be found, and that safety measures had been planned. The City Manager announced that on June 28 the City would host the Chamber of Commerce Governmental Concerns Committee meeting and invited City Council members to attend. CITY ATTORNEY City Attorney Baird reported the DeLuca appeal had been dismissed and the City had been awarded attorney's fees, and explained further action to be taken in this case. Councilman Clark recommended that any necessary action be taken to make an example of this case, which he considered had been frivolous, and every possible effort should be made to collect the taxpayers' monies which had been spent. The other Council members expressed agreement with Councilman Clark's opinion. City Council Regular Meeting, 6/20/96 PAGE 20 ADJOURNMENT There being no further business to discuss, motion was made by Councilman Jablin, seconded by Councilman Clark, and unanimously approved to adjourn the meeting at 10 :56 P.M. APPROVAT o' /f Y JOE RUSSO� 1 VICE MAYOR LAUREN FURTADO COUNCILWOMAN LINDA MONROE " �—, v COUNCILMAN E� ABLIN COUNCILMAN DAVID CLARK ATTEST: CINDY HP.RVEY, DEPUTY CITY CLERK FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I ♦A \II IIKS1 ♦ %JI VIDDII NAMF NAME 01- WAR E Russo, Joseph R. City Council %IA11 ING \DDRI SS I Ht HOARD. COUNCII- COMMISSION. AUI HORI11 OK COMMITTEE ON WHICH I SERVE IS A UNII OF: 10500 N. Military Trail A cnY O COUNTY O 01HERLOCAL AGENCY CI IN Cot!NlY NAME OF POLITICAL SUBDIVISION: Palm Beach Gardens Palm Beach City of Palm Beach Garden DATE ON WHICH VOIF. OCCURRFU MY POSITION IS: June 20 1996 lX ELECTIVE O APPOINTIVE WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. tbur responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the re%erse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective count%', municipal, or other local public office MUST .aBSTAI\ from voting on a measure which inures to his special pri%ate gain. Each local officer also is prohibited from knowingly voting- on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN' by publicly stating to the assembly the nature of Four interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly \oting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH (THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form Should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. E I-ORM .H ,, aa( ;E IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and rile it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. _ DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on z ° 19 (a) A measure came or will come before my agency which (check one) j.nured to my special private gain; or inured to the special gain of , by whom 1 am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: //`_ < - //-) - Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 88 - 1 -01 PAGE