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HomeMy WebLinkAboutMinutes Council 050495ROLL CALL ANNOUNCEMENTS PRESENTATIONS: CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS MAY 4, 1995 The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Vice Mayor Furtado 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. The City Clerk called the roll and present were Vice Mayor Furtado, Councilwoman Monroe, and Councilman Jablin. Mayor Russo arrived at 7:55 P.M. Councilman Clark was absent as he was out -of -town. Vice Mayor Furtado stated that the announcements were as posted on the City's Bulletin Boards. JEFFREY ORNSTEIN Jeffrey Ornstein was honored for his eleven years of service to the City as a member of the Site Plan Review Committee and the Planning and Zoning Commission. WASTE MANAGEMENT Andy Plucinski, Sales Manager for Waste Management, presented a check in the amount of $1,000 for celebration of Earth Day 1995 to the City_ GREAT GARDENS CLEANUP Vice Mayor Furtado announced that the equivalent of $11,325.24 had been donated by 163 volunteers who participated in the Great Gardens Cleanup. The following participation awards were presented: Youth Challenge Award to Elizabeth Smith; Best Team Award to Adelphia Cable Communications; and Individual Distinguished Award to Dr. and Mrs. Milton Stern. BIZ KIDS City of Palm Beach Gardens Biz Kids presented $1,000 to the Palm Beach Gardens Teen Center. TEAM AWARDS City Manager Herakovich announced that new awards were being given to employees who share their skills and talents above and beyond their regular job duties in an effort to assist the City in the overall goal of offering the best possible service. The following employees were honored: Michael DeRosa for informing the City of available modular units from Pratt Witney; Gisele Foster for temporary work in the Public Works Department; Evan Bestland, Gary Bussy, and Richard Jimenez for conducting an employee welfare check; and Jay McKee for a Police Department crime demonstration. Mayor Russo suggested that the City Council review the rules for length of service on various City Boards, especially the Planning and Zoning Commission, to see if changes should be made to allow an individual to serve for a longer period of time, because of the difficulty of finding qualified people who were willing to volunteer their time as well as abide by the rule that they could not do business within the City. Councilwoman Monroe pointed out that an escape CITY COUNCIL REGULAR MEETING, 5/4/95 PAGE 3 clause existed whereby an expiring term was extended if no other qualified person was available to serve. AWARDING OF BIDS: GOLF TURF MAINTENANCE Staff recommended that the low bid of ISS be accepted for turf maintenance at the City's golf course. After discussion, the second low bidder, Dubin and Associates, was accepted on the basis that the City Council was not happy with the present performance of ISS, and felt it better to receive reports from one firm regarding all aspects of the golf course. Motion was made by Councilman Jablin to accept the bid of Dubin and Associates of $284,500 for the maintenance of the golf course turf. Motion was seconded by Vice Mayor Furtado. Councilwoman Monroe commented that she would vote against the motion since she was relying on the staff recommendation. Mayor Russo stated that he would vote for the motion since staff had originally recommended that the turf maintenance be done by the present golf course management company. Motion carried by a vote of 3 -1, with Councilwoman Monroe voting nay for reasons previously mentioned. Finance Director Kent Olson commented regarding the possibility of refinancing the municipal bonds on the golf course, and explained why he did not believe it would be cost effective at the present time. CITY COUNCIL REGULAR MEETING, 5/4/95 PAGE 4 ITEMS BY MAYOR AND CITY COUNCIL: VICE MAYOR FURTADO Vice Mayor Furtado reported that Bill Beville, a member of the Merit Board, was in Barnes Hospital in St. Louis where he had been accepted for experimental lung reduction surgery, and stated that his address was available for anyone who wished to send a card. Vice Mayor Furtado expressed concern regarding the possibility that the speed limit on Avenue of the Champions might be raised from 25 to 35 since it would affect a residential area which consisted of an approximate half -mile section from PGA Boulevard to Avenue of the Champions. Councilman Jablin commented that a hazard existed because of speeders passing on the curves. City Manager Herakovich reported that nothing would be done until a traffic study had been completed. COUNCILMAN JABLIN Councilman Jablin announced that the Education Advisory Board would meet next Wednesday and that guest speaker Dr. Boyle would discuss alternative education. Councilman Jablin thanked the City Manager for the annual report. MAYOR RUSSO Mayor Russo reported that the City had received a thank -you letter from President Clinton for city memorabilla he received during his visit. Mayor Russo CITY COUNCIL REGULAR MEETING, 5/4/95 PAGE 5 reported he had attended a breakfast sponsored by the Private Industry Council to highlight summer jobs for youth. Mayor Russo also reported he had attended a recent Recreation Advisory Board meeting. COMMENTS FROM THE PUBLIC FRENCHMAN'S CREEK City Manager Herakovich reported she had been advised that a letter from the Frenchman's Creek residents would be faxed and that she would share its contents with the City Council. Mayor Russo reported receipt of a letter from Mr. Searlin of Frenchman's Creek, and commented that he planned to discuss the concerns raised in the letter with Mr. Searlin upon his return from out of town. CONSENT AGENDA: Vice Mayor Furtado requested that Resolution 55, 1995 be pulled from the Consent Agenda for discussion later in the meeting. Vice Mayor Furtado made a motion to approve the Consent Agenda as amended. Councilwoman Monroe seconded the motion. The motion carried unanimously. The following items were approved on the Consent Agenda: 1. Approval of Minutes of 4/6/95 City Council Regular Meeting. 2. Approval of Minutes of 4/20/95 City Council Regular Meeting. CITY COUNCIL REGULAR MEETING, 5/4/95 PAGE 6 3. Proclaiming the month of October, 1995, as Italian Heritage and Culture Month. 4. Proclaiming June 1 -7, 1995 as "Postpolio Syndrome Awareness Week ". PUBLIC HEARINGS: ORDINANCE 8, 1995 Mayor Russo declared the Public Hearing open, which was duly advertised 4/19/95 and held on the intent of Ordinance 8, 1995, Consideration of approval to the Code of Ordinances, Chapter 32, (Code Enforcement Board Ordinance) amending Section 32.31 entitled "Jurisdiction ", for second reading and adoption. City Attorney Baird explained that by adopting this ordinance the City Council would not give up any jurisdiction to enforce codes by any alternative means which had always been available to the Council, and that non - compliance would be a violation. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Motion was made by Councilwoman Monroe that Ordinance 8, 1995 be placed on second reading by title only and adopted. Motion was seconded by Councilman Jablin and unanimously carried. City Clerk Linda Kosier read Ordinance 8, 1995, by title only, on second reading. Vice Mayor Furtado requested that discussion of alternative methods of handling code enforcement violations (i.e.) CITY COUNCIL REGULAR MEETING, 5/4/95 PAGE 7 Code Enforcement division being placed under the Police Department be scheduled for a future meeting; Councilwoman Monroe suggested that the experiences of other municipalities be requested. City Manager Herakovich reported that staff was in the process of researching this matter. RESOLUTION 55, 1995 City Attorney Baird explained that this Resolution, established a policy pertaining to a conflict of interest involving members of the City Council and members of appointed boards and would not prohibit a member of a City Board from working on a project within the City. This Resolution would prohibit a Board member from interfacing with a Board upon which that person sat or with the City Council, since the Council appointed the Board upon which that person sat. For example, an architect who was a member of the Planning and Zoning Commission could be the architect of record on a project presented to that Commission, however, he could not do the presentation or answer questions from the audience, and would have to declare conflict of interest and refrain from voting. Motion was made by Councilwoman Monroe to adopt Resolution 55, 1995. Motion was seconded by Vice Mayor Furtado and unanimously carried. RESOLUTION 56, 1995 Consensus of the City Council was to take no action at CITY COUNCIL REGULAR MEETING, 5/4/95 PAGE 8 this time on Resolution 56, 1995, Consideration of Appointments of members to the Education Advisory Board. ITEMS FOR COUNCIL ACTION: ENVIRONMENTAL EXPLORATIONS City Manager Herakovich requested authorization to enter into a contract with Ardaman & Associates for professional services to determine whether indications existed of excessive soil and groundwater contamination at the City's Public Works facility on Burns Road. The requested authorization was unanimously approved by the City Council. UNIFIED YOUTH SPORTS FESTIVAL A Special Event Permit was requested by the Palm Beach County Sports Commission to hold an Olympic -style festival for Palm Beach County youth at Blum Stadium at Dwyer High School on May 19 and May 20, focusing on skills events, demonstrations, and clinics. Consensus of the City Council was that there would be no underwriting by the City of city staff services for the event. Motion was made by Councilwoman Monroe to grant approval for the event conditioned upon all proper documents as required by staff. Motion was seconded by Vice Mayor Furtado and unanimously carried. VEHICLES PURCHASE Motion was made by Councilwoman Monroe to approve the CITY COUNCIL REGULAR MEETING, 5/4/95 PAGE 9 staff recommendation to purchase two 1995 Chevrolet Corsica 4 -door sedans from Ed Morse Chevrolet for a total price of $26,009.00. Motion was seconded by Vice Mayor Furtado and unanimously carried. ITEMS FOR DISCUSSION: TIMBER HARVESTINU-= BALLENISLES Planning and Zoning Director Rich Walton reviewed the staff report, and explained that this was the Cityts first request for timber harvesting within an approved development, and that the harvested timber would be utilized in construction on the site. Nader Salour, representative for BallenIsles Development Company, explained that the change in elevations which would be required after PUD approvals would not allow survival of the trees in question, and requested approval to remove the trees for harvesting at this time in order to allow the applicant to store the required fill material that would be generated from the lake construction on the parcels that were low to achieve the finished elevations required under their SFWMD permit. Mr. Salour explained that trees not identified for harvest would be relocated within the project and that the buffers would not be affected. In response to monitoring concerns expressed by the City Council, Environmental Consultant Patrick Painter explained that the company preforming the harvesting CITY COUNCIL REGULAR MEETING, 5/4/95 PAGE 10 was only interested in the larger caliper trees. Discussion ensued in which the following limitations were determined by consensus of the City council: 1. 100 -foot buffers would be placed along Military Trail on Parcels 25b and 23. 2. 25 -foot buffers would be placed on the north side of Parcels 25a & 25b, and the applicant would work with the City Forester on a second 25 -foot buffer on the southerly 25 feet of the north border in order to preserve some of the larger trees. 3. A 50 -foot area would be preserved for a future buffer on the south end of Parcel 23. 4. Parcel 20c would have a 25 -foot buffer, however, where appropriate staff would work with applicant to preserve larger trees. 5. Staff would make recommendations for Parcel Kro1lep Councilwoman Monroe made a motion to approve the concept of timber harvesting utilization as described with the limitations noted above, and to direct staff to draft a Resolution that would formally approve the concept. Motion was seconded by Councilman Jablin and unanimously carried. COMMUNICATION TOWERS After discussion, it was the consensus of the City CITY COUNCIL REGULAR MEETING, 5/4/95 CITY ATTORNEY REPORT SURETY CITY MANAGER REPORT -. l.T. 11 Council that direction be given to staff to bring back a recommendation based upon perceived deficiencies in the existing Code, which had been approved before the current proliferation of communication towers. Discussion included the possibility of one tower within the City which would accommodate many receiving devices. The City Attorney reviewed the current surety requirements under the City Code, and recommended amendment of the Land Development Regulations to allow consistency with the City Code under the Buildings Section to delete the reference to `private or public improvements', and only state `improvements' so that there would be no conflict between the two ordinances. Attorney Baird stated that if the City Council was concerned with landscaping that one of the improvements included should be: "landscaping where associated with other public improvements including streets and in some cases drainage facilities ". Attorney Baird also recommended consistent language in both ordinances in regard to surety. City Manager Herakovich announced that the Holly Drive Committee would be reviewing the engineer's recommendations during the next week and would then CITY COUNCIL REGULAR MEETING, 5/4/95 PAGE 12 make a formal recommendation to the City Council. The City Manager also announced that Mayor Russo would be installed as a member of the Board of Directors of the Municipal League on May 24. City Manager Herakovich reported that Gardens Elementary School had requested that Riverside Drive be closed between 3 p.m. and 8 p.m. for their annual carnival. The City Manager reported that a meeting with County officials had included discussion of: transfer of roads; that drainage improvements were approved for Shady Lakes Drive so that road could be accepted as a City road; that the County Administrator had agreed to review drainage plans for Westwood Gardens drainage; that location of a future nature center had been discussed; that the County had agreed to amend the interlocal agreement to capture impact fees from projects along Prosperity Farms Road for widening Burns Road; and the County inquired whether the City would be interested in a joint fire station west of Military Trail off Northlake. City Manager Herakovich reported that a meeting with the Department of Transportation had been held and that their study of the intersection at BallenIsles and PGA Boulevard had shown that the traffic level was not yet at a level to warrant a traffic signal, however, an agreement was reached CITY COUNCIL REGULAR MEETING, 5/4/95 PAGE 13 whereby the City would send them any accident data, etc., which might be used to justify need. At the meeting with the DOT, the City had learned that the DOT Master Plan did not include any land north of PGA Boulevard; the DOT had amended their work study to include environmental study per the City's Resolution for the PGA Flyover, which was anticipated to take about a year; and DOT would recognize MPO priorities in regard to I -95 wall barriers. Mayor Russo requested that the City Council be allowed to review the City Manager's report in response to Vice Mayor Furtado's concerns and bring back any items for discussion. Mayor Russo discussed the possible annexation of the Benjamin School into the City of Palm Beach Gardens and requested input from the City Staff to prevent this matter from becoming a political issue. ADJOURNMENT There being no further business to discuss, motion was made by Councilwoman Monroe, seconded by Councilman Jablin, and unanimously approved to adjourn the meeting at 9 :50 P.M. CITY COUNCIL REGULAR MEETING, 5/4/95 APPROVAL MAYOR JOE RUSSO f U� VICE MAYOR LAUREN FURTADO s COUNCILWOMAN-LINDA MONROE COUNCILMAN E JABLIN COUNCILMAN DAVID CLARK ATTEST: LINDA V. KOSIER, CMC, CITY CLERK PAGE 14