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HomeMy WebLinkAboutMinutes Council 010595CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS JANUARY 5, 1995 The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Mayor Clark at 7:30 P.M. in the Assembly Room of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of Allegiance to the Flag. ROLL CALL The City Clerk called the roll and present were Mayor Clark, Vice Mayor Monroe, and Councilman Russo. Councilwoman Furtado arrived at 7:35 and Councilman Jablin arrived at 7:40 p.m. ANNOUNCEMENTS Mayor Clark stated that there were no announcements. PRESENTATIONS LEGISLATIVE UPDATE (SHARON MERCHANT) State Representative Sharon Merchant provided an overview on legislative issues and requested legislative ideas be phoned to her local office. Top issues for 1995 certain to arise were listed by Representative Merchant as comparative fault, referring to non economic damages; telecommunications, referring to the removal of the monopoly on local services; healthcare, in particular the medicaid waiver; and the catastrophic fund, which was inspired by Hurricane Andrew. Local issues included expanding economic development for municipalities and for the CITY COUNCIL REGULAR MEETING, 1/5/95 PAGE 2 county, and whether to use bed tax dollars to build a stadium. AWARDING OF BIDS: TURF MANAGEMENT SERVICE Kent Olsen, Finance Director, recommended that bids for Turf Management Services which were duly advertised 11/27/94 and opened and read 12/21/94, be rejected due to the fact that only two proposals had been received and that there were questions regarding specifications. He further recommended that turf management services be rebid, and that the current ISS contract be extended until May 31, 1995. Councilman Russo expressed concern that on several occasions items needed to be rebid and commented that homework for specifications needed to be more exact before bidding. Vice Mayor Monroe made a motion, seconded by Councilwoman Furtado, to reject all bids and to readvertise for the turf management services, and also to extend the existing contract until May 31, 1995, as recommended by staff. The motion was unanimously approved by the City Council. MULTIPURPOSE EXCAVATOR Director of Public Works Bob Patty recommended acceptance of the low bid from the bids for a Multipurpose Excavator which were duly advertised 11/20/94 and 11/22/94, and opened and read 12/22/94. CITY COUNCIL REGULAR MEETING, 1/5/95 PAGE 3 After discussion, Vice Mayor Monroe made a motion, seconded by Councilman Jablin, to accept the staff recommendation to purchase the multipurpose excavator from Shelley Tractor & Equipment Co. for $292,821.20. The motion was unanimously approved by the City Council. ITEMS BY MAYOR AND CITY =CIL: COUNCILWOMAN FURTADO Councilwoman Furtado requested that the PBIA interchange be scheduled for discussion and a possible resolution. City Manager Herakovich responded to Councilwoman Furtado that staff would move forward with business surveys by meeting with the President of FAU, who had indicated that some FAU departments could be helpful. The City Manager reported that some of the ideas resulting from the lighting of the Lake Catherine ballfields were to reconfigure the ballfields to accommodate additional parking and increased landscaping, and that the Lake Catherine development residents had space on their side of the street to erect a wall and to increase landscaping if they should so desire. VICE MAYOR MONROE Vice Mayor Monroe reported that the FDOT response had been positive on restriping Military Trail in February or March, and in increasing the width of the bicycle lane. The Vice Mayor requested that City Forester CITY COUNCIL REGULAR MEETING, 1/5/95 PAGE 4 Hendrickson clarify the FDOT response regarding trees. The City Manager responded to Vice Mayor Monroe that a meeting had been scheduled with the high school to discuss the tennis court and ballfield issues. COUNCILMAN RUSSO Councilman Russo reported that the City's traffic concerns regarding the Abacoa project would be discussed at a meeting with Commissioner Marcus. MAYOR CLARK Mayor Clark reported that as a result of a meeting that day regarding the changing plans for the stadium that the Abacoa traffic issue had been raised and that Commissioner Marcus should be contacting the City in the near future to schedule that meeting. He also reported that the City had been asked to assess their ballfield needs and determine what they would be willing to pay to use the stadium's outlying fields. COUNCILMAN JABLIN Councilman Jablin reported on a meeting of the Education Advisory Board and stated that very positive reports would be forthcoming in the next several months. COMMENTS FROM THE PUBLIC: MILTON STERN Milton Stern, a resident of PGA National, discussed the planned road connection between I -95 and the Palm Beach International Airport and stated that the county -wide benefits would far outweigh the concerns of local residents who lived near the airport by CITY COUNCIL REGULAR MEETING, 1/5/95 CONSENT AGENDA: RESOLUTIONS: RESOLUTION 174, 1994 PAGE 5 relieving congestion on I -95 and on local roads, increasing convenience and safety over a wide area, saving the County millions of dollars which would otherwise be necessary to upgrade county roads, and alleviating future pressures on our North County airport. Councilman Russo made a motion to approve the Consent Agenda with Item 3 removed. Vice Mayor Monroe seconded the motion. The motion carried unanimously. The following items were approved on the Consent Agenda: 1. Approval of Minutes of 12/15/94 City Council Regular Meeting. 2. Resolution 1, 1995 - Consideration of Approval of License Agreement between the City of Palm Beach Gardens and Seacoast Utility Authority. Resolution 174, 1994 - Consideration of Approval of PGA National Parcel M24, Canterbury /The Lakes Site Plan Amendment, was discussed by Planning & Zoning Director Walton. Henry Skokowski, agent for the petitioner, reviewed changes since the last meeting and suggested elimination of the proposed call box, and widening the traffic circle drive by reduction of the circle interior. An eight inch variance to the CITY COUNCIL REGULAR MEETING, 1/5/95 PAGE 6 rear setback for four lots was discussed. In an effort to accommodate the petitioners need to move ahead with the project, a lengthy discussion ensued regarding possible procedure. The City Attorney expressed concern that a precedent would be set whereby the Council would not see the whole finished plan when they approved a petition if the plan were approved subject to items that would be modified with staff approval. Motion was made by Councilman Jablin to approve Resolution 174, 1994, striking the language in condition 3 under Section 2 in the Resolution and substituting the language used on page 3, condition 3, in the staff report dated December 7, 1994; delete from Section 1, number 1, "(without the unmanned gate system)"; adding condition number 4 under Section 2 to read. "The gate system shall be subject to the approval of the City Staff and City Engineer; and adding condition number 5 under Section 2 to read, "The final geometry of the widened traffic rotary shall be subject to the approval of the City Engineer and City Staff." Councilman Russo expressed concern that if the gates were changed in the future that stacking problems could present a danger to the community and therefore some form of control was needed so that the gates could not be changed. It was CITY COUNCIL REGULAR MEETING, 1/5/95 PAGE 7 the consensus of the City Council to approve the resolution and instead of leaving items subject to the approval of staff to have the petitioner file an additional application which would be expedited through the entire approval process to take care of all of the gate and traffic problems. Councilman Jablin stated he wished to revise his motion to change Section 1, paragraph 1 to read "December 22, 1994 revised site plan by Urban Design Studio without the gate system" and to strike the language in condition 3 under Section 2 in the Resolution and substitute the language used on page 3, condition 3, in the staff report dated December 7, 1994. Motion was seconded by Councilman Russo and unanimously passed. RESOLUTION 178, 1994 Discussion of Resolution 178, 1994 - Consideration of Approval of an Interlocal Agreement for Ballfield Lighting at Lake Catherine, revolved around language in the interlocal agreement which might cause discrimination problems against non - residents. Upon recommendation by the City Attorney, it was the consensus of the City Council not to proceed without a letter from the County clarifying their position regarding the discrimination reference in the agreement. RESOLUTION 2, 1995 Regarding Resolution 2, 1995 - Consideration of CITY COUNCIL REGULAR MEETING, 1/5/95 PAGE 8 Approval of Policy Regarding the Protection, Preservation, Acquisition and Use of Environmentally Sensitive Lands, Vice Mayor Monroe questioned whether language in the policy statement could force the City to start a nature center before they were ready. Planning and Zoning Director Walton explained that the language referred to planning a nature center and not to the construction. Vice Mayor Monroe made a motion to approve Resolution 2, 1995. Motion was seconded by Councilwoman Furtado and unanimously passed. RESOLUTION 3, 1995 Vice Mayor Monroe stated that as a member of the Governing Board of the Palm Beach Gardens Medical Center, she had a conflict of interest, had signed the appropriate form, and would not vote on Resolution 3, 1995 - Consideration of Approval of Palm Beach Gardens Medical Center Phasing Plan. Planning and Zoning Director Walton explained that the 1981 PUD granted to Palm Beach Gardens Medical Center carried a phasing plan and that this application requested changes to the phasing to extend buildout from 1995 to 1999 and to allow flexibility in the order of improvements and not to the PUD. Ed Oliver, agent for the petitioner, discussed the petition and announced that the hospital would be merging with a large national hospital chain which would bring dollars into the community. Motion CITY COUNCIL REGULAR MEETING, 1/5/95 PAGE 9 was made by Councilman Russo to approve Resolution 3, 1995. Motion was seconded by Councilwoman Furtado. Upon advice of the City Attorney, Councilman Russo amended his motion as follows: to approve Resolution 3, 1995 amending section 2, number 1, to read "The applicant shall construct additional improvements in accordance with the revised phasing plan referenced herein as Exhibit B. Should the applicant propose to construct these improvements in a sequence that differs from the approved phasing plan, the applicant shall notify in writing, the City Manager. Upon approval of the City Manager applicant may construct the improvements in a different sequence." The amended motion was seconded by Councilwoman Furtado and unanimously approved. Councilwoman Furtado expressed the opinion that the time deadline should be adhered to so that the Council would have information in sufficient time to read it to eliminate so many changes to resolutions in the meetings. The City Manager stated that Council members would receive complete packages in the future. RESOLUTION 4, 1995 Planning and Zoning Director Walton reviewed the staff report for Resolution 4, 1995 - Consideration of Approval of Amendment to PGA National M29B, Diamond Head. Henry skokowski, agent for the petitioner, CITY COUNCIL REGULAR MEETING, 1/5/95 PAGE 10 commented that other property owners had been notified of the proposed change to custom zero lot line homes and that all responses had been favorable. Vice Mayor Monroe made a motion to approve Resolution 4, 1995. Motion was seconded by Councilwoman Furtado and unanimously passed. ITEMS FOR COUNCIL ACTION AUTHORIZATION TO PURCHASE EKG UNIT City Manager Herakovich requested authorization to purchase a Life -Pak 10 Monitor Defibrillator Unit for $7,999.20. Vice Mayor Monroe requested more information in the future regarding why a piece of equipment was chosen from a sole provider. Motion was made by Vice Mayor Monroe to accept stafffs recommendation. Motion was seconded by Councilwoman Furtado and unanimously carried. AUTHORIZATION TO APPLY FOR 1995 ALTERNATIVE FUEL FUNDS After discussion, Vice Mayor Monroe moved approval of staffs recommendation to apply for 1995 Alternative Fuel Funds. Motion was seconded by Councilwoman Furtado and unanimously passed. WEISS SCHOOL SPECIAL EVENT APPLICATION Assistant City Manager Dunham reviewed the Weiss School application for a school carnival to be held February 3, 4 and 5, 1995, and explained that there would be adequate parking. Vice Mayor Monroe moved CITY COUNCIL REGULAR MEETING, 1/5/95 PAGE 11 approval of the request for the Weiss School to hold a special event as per staff's recommendation. Motion was seconded by Councilman Russo and unanimously passed. NORTHLAND BOULEVARD STREET LIGHTING City Engineer Lindahl explained that the lighting of Northlake Boulevard from Military Trail to the Turnpike overpass would involve relocated poles on the north side as well as existing poles on the south side that would not need to be relocated; and a combination of County and City contributions. FP &L fees for the north side of the road from Kelso to the Turnpike, would cost the City $28,000 for lighting and concrete poles, and from Kelso to Military Trail which would cost the County $31,870. FP &L fees for the south side of the road from the Turnpike to two poles east of Kelso, which consisted of the existing wood pole line, would not have to be relocated, but to change from wood to concrete and provide illunimation would be $85,000; however, to keep the wood poles and only provide lights would be $3,000. It was the consensus of the City Council to accept the suggestion of the City Manager to remind the County that the City had already contributed $500,000 to the road building fund for Northlake and had no further funds available, and CITY COUNCIL REGULAR MEETING, 1/5/95 PAGE 12 request that they go before the County Commission and suppport the City's quality of work with concrete poles on Northlake Boulevard. HICKORY DRIVE REALIGNMENT City Engineer Lindahl recommended approval of a corrective deed for Hickory Drive to properly align the new median cut in PGA Boulevard and the centerline of Shady Lakes Drive on the north side of PGA Boulevard. City Attorney Baird recommended that the corrective deed be in the form of a general warranty deed. After discussion, motion was made by Vice Mayor Monroe to exchange a quit claim deed from the City to the MacArthur Foundation in return for a special warranty deed from the MacArthur Foundation to the City backed up by an opinion from Attorney Stephen Mathison's law firm. Motion was seconded by Councilman Russo and unanimously passed. CITY MANAGER REPORT The City Manager announced that the City's fire insurance rating would be lowered in February because of improved fire department services. City Manager Herakovich reported that Home Depot had rented off - site storage and would be moving pallets, etc. from behind their building. The City Manager reported that Chief of Police Fitzgerald would be installed as President of the Association of Chiefs of Palm Beach CITY COUNCIL REGULAR MEETING, 1/5/95 PAGE 13 County on January 19, 1995. CITY ATTORNEY City Attorney Baird reported that the City's contract was upheld in the DeLuca case, and that a second motion for summary judgement would be filed for damages. ITEMS FOR DISCUSSION: BAYSHORE CLUB AT PALM BEACH GARDENS Planning and Zoning Director Walton reviewed the outstanding issues of paver blocks, 9 or 10 -foot parking spaces, percentage of covered parking, the tunnel, interim sidewalk, and timing of installation of the landscaping buffer on the north side of the east -west road. Rhett Roy, agent for the petitioner, referred to a map of the MacArthur Center showing the regional mall and the tracts of land for this project to orient everyone to the project location. Michael Moss, Architect, reviewed the architectual portion of the project. In response to Vice Mayor Monroe's suggestion to use embossed concrete as an alternative to paver blocks, Mr. Ray stated that water seepage into the cut surface could cause portions of the design to rise, and the City Engineer explained that in comparison to asphalt, paver block could not be maintained as cheaply; therefore, staff would like a master plan showing selected paver block locations with one entity to maintain all locations. It was the CITY COUNCIL REGULAR MEETING, 1/5/95 PAGE 14 consensus of the City Council that parking spaces be 10 feet in width. Further discussion included the type of covered parking and that 10 -foot spaces would increase the size of the parking structures. Because of the meeting curfew there was no further time for discussion. ADJOURNMENT There being no further business to discuss, motion was made by Councilman Jablin, seconded by Vice Mayor Monroe, and unanimously approved to adjourn the meeting at 11:30 P.M. APPROVAL MAYOR DAVID CLARK VICE MA LI A a ONROE / / 1 _ � v UN ILMAN JOSEPH RUSSO CgUNCILMAN ERIC JABLIN � � r —, I /41 /rte t, : i-- 7G�n COUNCILWOMAN LAUREN FURTADO ATTEST: LINDA V KOSIER, CITY CLERK FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I AS1 NAMI I IRS I \NMI MIDDII NAME NA f OF WARD. COU 'CIV. COMMISSION. AUI11ORIIY,ORC'OMM1111.E •Mt ING %DDR1 SS �� Alli) 1 Ht• 1)OAK ), COUWit, COMMISSION. AM HOR111 OR COMMITTEE ON WHICH 1 SERVE IS A UNII OF: SOPS ' ✓ • / /N� C17Y O COUNTY O OTHER LOCAL AGENCY 11Y' COUNTY NAME OF POLITICAI. SUBDIVISION: DATE ON WHICH v01F. OC'CURRFD ��--� MY F16SITION IS: ELECTIVE O APPOINTIVE WHO MUST FILE FORM 88 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 ,he roerse 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 ABSTAIN from %'otinY on a measure which inures to his special private gain. Each local officer also is prohibited from knox%'ingly voting on a measure which inures to the special gain of a principal (other than a government agency) by %hom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN b\ publicly stating to the assembly the nature of dour 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 voting 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 am' attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO `LAKE 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. C F l-ORM .H ' if 7AGE 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 file 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 1. ���� %%74d1✓/�f/� ,hereby disclose that on 7 19 n1 s (a) A measure came or will come before my agency which (check one) _ inured to my special private gain, or inured to the special gain of :R&--0C/ 44�" /J' /b6l� &X472rL by whom t am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Date Filed 'gnature 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, REPRINIAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 88.1-91 PAGE 2