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HomeMy WebLinkAboutMinutes Council 122195ROLL CALL ANNOUNCEMENTS CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS DECEMBER 21, 1995 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, and opened with the Pledge of Allegiance to the Flag. The Deputy City Clerk called the roll and present were Mayor Russo, Vice Mayor Furtado, Councilman Jablin, and Councilman Clark. Councilwoman Monroe was absent from the meeting due to illness. Mayor Russo stated that the announcements were as posted on the City's bulletin boards. Mayor Russo announced that the presentation scheduled for this meeting on the North County Planning Forum Recommendations would be rescheduled due to the illness of Councilwoman Linda Monroe. AWARDING OF BIDS MOWER City Manager Herakovich reported that on November 27, 1995 staff had opened and reviewed bids received for the purchase of a three deck rotary finish mower, duly advertised October 30, 1995. Staff recommended the bid be awarded to Turner Outdoor Equipment, low bidder, for the amount of $8,999.00. Councilman Clark CITY COUNCIL REGULAR MEETING, 12/21/95 made a motion to approve the staff recommendation. Vice Mayor Furtado seconded the motion, which carried by unanimous 4 -0 vote. PRESSBOX City Manager Herakovich reported that on December 12, 1995 staff had opened and reviewed bids received for the construction of a pressbox for Plant Drive Park, duly advertised November 20, 1995. Staff recommended the bid be awarded to Richard Hanna, Building Contractor, low bidder, for the amount of $13,258.70. Vice Mayor Furtado made a motion to approve the staff recommendation. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. PGA PARK LIGHTS City Manager Herakovich reported that staff had reviewed bids received for lighting one ballfield at PGA Park. Staff recommended the bid be awarded to American Lighting Maintenance, Inc., to be piggybacked onto a contract for the City of Riviera Beach in the total amount of $60,525.00 which would include electrical engineering, structural engineering, FPL charges for service upgrade, fixtures and electrical equipment. Councilman Clark made a motion to approve the staff recommendation. Vice Mayor Furtado seconded the motion, which carried by unanimous vote of 4 -0. CITY COUNCIL REGULAR MEETING, 12/21/95 PAGE 3 PGA PARK FENCE City Manager Herakovich reported that staff had reviewed bids received for fencing one ballfield at PGA Park. Staff recommended the bid be awarded to Martin Fence Company in the amount of $18,368.05. Vice Chair Furtado made a motion to approve the staff recommendation. Councilman Clark seconded the motion, which carried by unanimous vote of 4 -0. ITEMS BY MAYOR AND CITY COUNCIL VICE MAYOR FURTADO Vice Mayor Furtado expressed disappointment that she had been unable to attend the meeting regarding the recent flood, and reported that she had received positive calls, although the television report had not been extremely positive. Vice Mayor Furtado stated that she had spoken with people who attend conventions on a regular basis, and reported on several convention centers which had failed as well as several which had succeeded, and the reasons for success or failure. The Vice Mayor provided material to staff regarding development of businesses, etc., and requested that this be scheduled as a workshop item at the beginning of the year. MAYOR RUSSO The Mayor reported receipt of a letter from Commissioner Marcus regarding the Ale House approval and the fact she had not been notified. Mayor Russo requested that the county Commission be provided with CITY COUNCIL REGULAR MEETINGr 12/21/95 PAGE 4 a copy of the City Council agendas. Mayor Russo thanked the recreation staff for the excellent Christmas Tree Lighting Program. CONSENT AGENDA Councilman Clark made a motion to approve the Consent Agenda with the amendments to the minutes and resolutions delivered to the City Council that evening. Vice Mayor Furtado seconded the motion, which carried by unanimous vote of 4 -0. The following items were approved on the Consent Agenda: 1. Approval of City Council Special Regular Meeting Minutes of 11/30/95. 2. Approval of City Council Special Regular Meeting Minutes of 12/7/95. 3. Proclaiming January as Youth Sports Month. 4. Resolution 125, 1995 - Consideration of Approval of a Conditional Use to allow agricultural uses in the PDA, Planned Development Area District. 5. Resolution 147, 1995 - Consideration of Approval for an amendment to PGA National Parcel M -29B, Diamond Head, re: pool /screen setbacks on Lot 20. 6. Resolution 148, 1995 - Endorsing a policy of zero tolerance for graffiti as requested by the PBC Municipal League. CITY COUNCIL REGULAR MEETING, 12/21/95 PAGE 5 PUBLIC HEARINGS: RESOLUTION , 1995 Mayor Russo declared the Public Hearing open, duly advertised 12/6/95 and held on the intent of Resolution 149, 1995 - Consideration of Approval of Conditional Use in the CG -1 General Commercial District, to provide for an 8 -bay, 5,677.5 square foot tire and auto service center in Gardens Park Plaza. After review of the staff report by Planning and Zoning Director Walton, Steve Mathison, Attorney for the applicant, commented on changes which had been made in response to the City's concerns, and presented tile samples for review. Vice Mayor Furtado expressed concern for the traffic problems at that intersection and Mr. Walton stated that he would request that the City Engineer study the situation. It was the consensus of the City Council that the traffic issue must be resolved separate from this application. Councilman Clark made a motion to approve Resolution 149, 1995. Vice Mayor Furtado seconded the motion, which carried by unanimous vote of 4 -0. RESOLUTIONS: RESOLUTION 133, 1995 Consideration of Approval of Appointments of Members to the Code Enforcement Board. After discussion, Vice Mayor Furtado made a motion to approve Resolution 133, 1995 with the reappointment of Norma Lee Jebb and Ray Ludwig to the Code Enforcement Board. Councilman CITY COUNCIL REGULAR MEETING, 12/21/95 PAGE 6 Clark seconded the motion. Motion carried by unanimous vote of 4 -0. RESOLUTION 150, 1995 Vice Mayor Furtado made a motion to approve Resolution 150, 1995 - Consideration of Approval of a Site Plan for Don Olson Tire & Auto Center to be located within Gardens Park Plaza Shopping Center. Councilman Clark seconded the motion, which carried by unanimous 4 -0 vote. RESOLUTION 152, 1995 Planning and Zoning Director Walton reviewed the request for Resolution 152, 1995 - Consideration of Approval for amendment to the Canterbury /The Lakes PUD, re: Entry Gates, Parcel M24, PGA National. Since the applicant was not present, further consideration of this request was tabled. RESOLUTION 153, 1995 This item was withdrawn from the agenda. RESOLUTION 154, 1995 City Manager Herakovich made comments in regard to Resolution 154, 1995 - Consideration of Approval to amend the Merit Rules & Regulations to provide for tuition reimbursement. Changes suggested by the City Manager were to delete the reference to a January 1 deadline each year on page one; to add language at the top of the second page as follows: in such an instance an employee will be reimbursed only to the amount set forth by the State Board of Regents, and suggested that if an employee left within one year that they CITY COUNCIL REGULAR MEETING, 12/21/95 would pay 100% back to the City, and would sign an agreement authorizing the City to deduct costs from their paycheck or recover costs by whatever means necessary. After discussion, Councilman Clark made a motion to approve Resolution 154, 1995 with the amendments suggested. Vice Mayor Furtado seconded the motion, which carried by unanimous vote of 4 -0. RESOLUTION 156, 1995 Mayor Russo requested that the City Manager poll residents from the list received from a previous Council Meeting who expressed their interest in serving on the committee to determine whether they were for or against Resolution 156, 1995 - Consideration of Approval to Create and Appoint Members to the RV /Boat Task Force Committee. It was agreed to send a letter of acknowledgment in the future to residents who submitted applications to serve on various boards. Vice Mayor Furtado made a motion to approve Resolution 156, 1995 without any names inserted into the blanks at this point. Councilman Jablin seconded the motion. During discussion Councilman Clark suggested the following additions: the term of office for the members shall be for a period ending June 30, 1996 and the final report date shall also be no later than June 30, 1996. The motion carried by unanimous 4 -0 vote. CITY COUNCIL REGULAR MEETINGS, 12/21/95 T% ^w A ORDINANCES: ORDINANCE 29, 1995 Amending section 159.029 of the Palm Beach Gardens Code Land Development Regulations (Effective Period of Development Orders) . It was the consensus of the City Council to delay workshop of this item to Second Reading due to the absence of Councilwoman Monroe. The City Attorney advised that first reading had been done at an earlier date. ITEMS FOR DISCUSSION: BURGER KING SITE PLAR Planning and Zoning Director Walton reviewed the staff report regarding the site plan for Shoppes on the Green Parcel 2 - Burger King. Vice Mayor Furtado expressed concern that the road structure was not geared for this type of restaurant and the traffic which it would generate. Sara Lockhart, agent for the Petitioner, reviewed design changes which had been made by the Petitioner to better accommodate traffic and to soften the appearance of the restaurant, and described the additional landscaping which was proposed. Council members expressed concern with traffic flow in and out of the shopping center and stacking of cars at the drive through. Siro DeGasperis, resident of PGA National, commented that the residents who had left the meeting were concerned with traffic flow and garbage generated by a fast -food restaurant. Mr. DeGasperis offered his best wishes CITY COUNCIL REGULAR MEETING, 12/21/95 PAGE 9 for another year of working together. Mayor Russo expressed concern that the play area might not stay in good condition, to which Ms. Lockhart responded that Shoppes on the Green had a high level of maintenance. Mayor Russo stressed that he was concerned about drive through traffic. RESOLUTION 152, 1995 Henry Skokowski, agent for the Petitioner, joined the meeting and presented comments in support of Resolution 152, 1995 - Consideration of Approval for amendment to the Canterbury /The Lakes PUD, re: Entry Gates, Parcel M24, PGA National, which had been tabled earlier in the meeting, stated that the Petitioner was attempting to provide a sense of security in this community, and provided responses to Council members' questions. Mayor Russo requested that proper notification be provided to new purchasers regarding operation of the gates. vice Mayor Furtado made a motion to approve Resolution 152, 1995 as amended to include language as follows: Any new properties for sale shall include a statement of disclosure of the method of operation of the gate. Motion was seconded by Councilman Jablin and carried by unanimous vote of 4 -0. CITY MANAGER REPORT THE SANCTUARY UPDATE City Manager Herakovich reported that staff was continuing to work with Pulte Homes, who did not wish CITY COUNCIL REGULAR MEETING, 12/21/95 PAGE 10 to begin actual restoration until their plans were approved by the City Council at a subsequent meeting. REFERENDUM UPDATE City Manager Herakovich reported that the Presidential Primary would be held March 12, 1996, which would be the same day as the City Council election; and that she had been unable to confirm whether the 14 sales tax would also be on the ballot on March 12. During ensuing discussion, concern was expressed that there would not be time to educate the public before the March 12 date. Consensus of the City Council was to hold the referendum in September, 1996, and to set up a town hall meeting in January to obtain input from the residents. CITY MANAGER REPORT City Manager Herakovich reported that the City had been assigned a FEMA representative to help with applications for grants for projects which had failed during the flood and that staff would work to provide future mitigation plans relating to better storm sewers, better culverts, etc. The City Manager reported that the Flood Workshop had been held, and that the City would be working closely with the County to determine who should provide maintenance for certain canals. The Holly Drive Preconstruction meeting and the Roller Hockey Rink Pre - bidders conference had been held, so that both those projects CITY COUNCIL REGULAR MEETING1 12/21/95 PAGE 11 were now underway. CITY ATTORNEY City Attorney Baird reported that a lawsuit had been filed against the City by Cypress Hollow residents in regard to a fence which Ballenlsles was required to erect as a part of their PCD. The ,judge had granted the City's motion to dismiss; however had granted leave to amend and ordered mediation. Another lawsuit had been filed by a probationary Fire Department employee who believed he should have been retained by the City, which had been forwarded to Attorney Norton, since he had been handling collective bargaining issues. City Attorney Baird provided an update on ongoing cases. ADJOURNMENT There being no further business to discuss, motion was made by Vice Mayor Furtado, seconded by Councilman Jablin, and unanimously approved to adjourn the meeting at 9:21 P.M. CITY COUNCIL REGULAR NEETING, 12/21/95 i APPROVAL OR JOE RUSSO kv04 ui3'[03 I'm 0.1610 0z0a0) 40cli9I61 COUNCILWOMAN LINDA MONROE COUNCILMAN ERI J LIN COUNCILMAN DAVID CLARK ATTEST; U - 1 CINDY HARVEY, DEPUTY CITY CLERK PAGE 12