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HomeMy WebLinkAboutMinutes Council 012094t/ CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS JANUARY 20, 1994 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. ROLL CALL The Deputy City Clerk called the roll and present were Mayor Russo, Vice Mayor Monroe, Councilman Jablin, Councilwoman Furtado, and Councilman Clark. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted on the City's Bulletin Boards. CALL FOR BIDS The City Manager opened Proposals for Reroofing of the Palm Beach Gardens Community Center, which was duly advertised 12/20/93 and 12/27/93. The following requests for Proposals were opened and publicly read into the record. 1. Altec Roofing, Inc., Jupiter, Florida, base bid in the amount of $134,823, add alternate one referring to replacement of the air conditioning system in the amount of $49,750. 2. Titan Roofing, Inc., Medley, Florida, base bid in the amount of $128,000, add alternate one $55,000. 3. Michael Lee Walsh, G.C., base bid in the amount of $180,000, alternate one add $64,000, alternate two add $51,500. 4. Therma Seal Roofs, Inc., base bid in the amount of $124,888, add alternate one $52,000, alternate two add $36,500. 5. Advanced Roofing, Inc., Ft. Lauderdale, Florida, base bid in the amount of $125,685, alternate one add $57,460, alternate two add $58,825. 6. S & S Roofing South, Inc., Lake Worth, Florida, base bid in the amount of $157,689, alternate one add $57,145, alternate two add $57,212. 7. K. L. Munson Company, Inc., Palm City, Florida, base bid $122,500, with several options and prices for alternates one and two. 8. A. Herrmann Associates, Inc., base bid in the amount of $163,754, add alternate one $49,691. 9. Gulfstates Industries, Inc., Holiday, Florida, base bid in the amount of $97,430, alternate one add $51,840, alternate two add $62,950. 10. The Beidler- Taylor Roofing Company, Astabula, Ohio, base bid in the amount of $126,879, add alternate one $55,902. 11. Trane Air Conditioning Company, alternate one bid for air conditioning only $39,200, add -ons depending on packages. Vice Mayor Monroe made a motion, seconded by Councilwoman Furtado, to remand the bids to the City Manager and Public Works Director for review and recommendation to the City Council. The motion was unanimously approved by the City Council. ITEMS BY CITY MANAGER Special Event Councilman Clark made a motion, seconded by Councilwoman Furtado, to approve the Special Event Request by P. B. Schwinn and The DeGeorge Racing Team for the annual Duathlon- Running and Cycling Event to be held February 26 and March 26, 1994. The motion was unanimously approved. Palm Beach Community College City Manager Herakovich introduced Chris Jones, Architect, who represented Palm Beach Community College in their Cultural Arts Center signage request. Mr. Jones stated results of meetings with staff had led to several compromises, one of which was that Sign B on RCA L CITY COUNCIL REGULAR MEE'T'ING, 1/e/94 PAGE 3 Boulevard would be reduced by 50% from 18 feet high,20 feet wide, to 9 feet high, 10 feet wide. The location of Sign A at the corner of Campus Drive and Fairchild Avenue would be changed to be within sign code requirements. Dr. Edward Eissey of Palm Beach Community College responded to a question by Councilman Jablin that Sign B proposed for RCA Boulevard was needed because of future plans to provide another entrance to the cultural center from RCA Boulevard. It was the consensus of the City Council to approve Sign B as long as it would legally meet the sign code, and comply with landscaping, irrigation, etc. Sign A issues of changeable copy, height, and setback into the preserve area were discussed. It was the consensus of the City Council to approve Sign A also, as long as moveable copy would be limited to the cultural center events, and as long as staff and the City Attorney find that approval can be done legally. Motion was made by Councilman Jablin and seconded by Councilman Clark to direct staff to prepare necessary documents for a resolution to be voted on at the next City Council meeting. Vice Mayor Monroe stated she would vote for this motion but voiced her opposition to computerized moveable copy. Motion passed 5 -0. Leqal Counsel It was the consensus of the City Council to accept City Manager Herakovich's recommendation to substitute City Attorney Tom Baird for the law firm of Hogg, Allen, .yam CITY COUNCIL REGULAR MEETING, 1/6'/94 ITEMS BY MAYOR AND CITY COUNCIL PAGE 4 Norton & Blue which had represented the City's interest in labor negotiations. The City Manager requested the agenda for City Council meetings be changed to include the category of Reports by the City Attorney. Mayor Russo suggested comments from the public be moved to the beginning of the meeting. It was the consensus of the Council that these changes would take effect at the next Council Meeting. Councilwoman Furtado Councilwoman Furtado announced a meeting of the School Board would be held February 15 at 6 P.M. in regard to school boundaries and safety in the schools, and requested attendance by the entire Council. Councilwoman Furtado requested the City Recreation Department allow Up With People, which would be at the high school to raise money for Project Graduation, use of 300 chairs belonging to the City. She also stated that contributions are still needed from the community for Project Graduation and asked business people in the audience who have a copy of the Up With People program to consider working to get donations. Vice Mayor Monroe Vice Mayor Monroe reported the Implemention Committee to the Northern Palm Beach County Planning Forum had met for the second time. They had appointed a subcommittee on Education and a Corridor subcommittee to work on Tt CITY COUNCIL REGULAR MEETING, 1/x/94 PAGE 5 environmental greenways, boundaries, and to take their results back to the city councils of the municipalities involved. Vice Mayor Monroe suggested the City Administration invite Dennis Foltz of the Palm Beach County Building Department to attend a Council meeting to give a presentation he had given to other councils. She also reported that one of the tennis courts at the high school was still not lighted. Councilman Jablin Councilman Jablin stated his strong support for the schools and wanted the Council to be very heavily involved in this matter. He reported the Landfill Committee had met with the Health Department who stated they would be prepared to answer any requests to sample private drinking water wells for contaminants. Councilman Jablin requested use of City Hall so that representatives of the Health Department could meet with the Palm Beach Gardens Association on February 6 hopefully to allay any fears of contamination of ground water. Mayor Russo Mayor Russo had met with the Municipal League which was concerned that the proposed new flood insurance program in the State of Florida could skyrocket flood insurance premiums; also discussed at that meeting was a new county EMS Ordinance which would be effective approximately August, 1994, which would allow each city to choose their own transport company. �1 9 CITY COUNCIL REGULAR MEETING, 1/,f//94 PAGE 6 COMMENTS FROM THE PUBLIC Sam Carsillo Sam Carsillo, Palm Beach Gardens, submitted a list of 25 grievances to the Council for which he had not had a response. Vice Mayor Monroe assured Mr. Carsillo the helipad plans were in progress, and Mayor Russo stated all 25 grievances would be answered in writing. Matt Russo Matt Russo, 429 Driftwood Road, North Palm Beach, spoke for a group including Sam Parish and Mark Parish, 4325 S. Tanglewood Avenue, Palm Beach Gardens who came before the City Council and asked them to consider establishing a skateboarding park in the City. Vice Mayor Monroe voiced concern that high liability insurance rates might be a problem, but complimented the young men for coming before the Council. The Council assured these young people they would help them, if possible, and Councilwoman Furtado asked that they meet with her, Sergeant Spencer of the Police Department, and Recreation Director Sue Miller. Glen Blind Glen Blind spoke for Junior Chamber of Commerce, known as the Jaycees, a community service organization. He asked the Council to proclaim the third week in January as Jaycee Week in the future. Mayor Russo stated the Council would be happy to comply and asked that the Jaycees present this request each year in time for a proclamation to be scheduled. Gary Fields Gary Fields, resident of Palm Beach Gardens, voiced his r LL CITY COUNCIL REGULAR MEETING, 1/6//94 PAGE 7 concerns as a parent with the school board's proposed new boundaries and the increased traffic problems that would be caused, the disruption to the children, and increased safety concerns because children would be traveling to schools farther away than those they presently attend. He stated that since Palm Beach Gardens schools are already racially balanced that no boundary changes are necessary_ Milton Stern Milton Stern clarified for the Council that the School Board would hold a public hearing on February 14 for middle schools and another one on February 15 for high schools, and that voting on the boundary issue would be in March. Discussion by the Council included safety concerns, disruption to the children, and lack of accountability. It was the consensus of the Council that a resolution be passed at the next City Council meeting to establish the direction the City Council would take in regard to the schools. CONSENT AGENDA Councilman Clark requested Item 6, Resolution 12, 1994, Opposing HR Bill 3191 and Senate Bill 1405 regarding the National Flood Insurance Reform Act of 1993 be removed from the consent agenda and placed under Resolutions on the agenda. Councilman Clark then made a motion to approve Consent Agenda, seconded by Councilman Jablin and unanimously approved. ' ), L CITY COUNCIL REGULAR MEETING, 1/,6/94 PAGE 8 RESOLUTIONS RESOLUTION 7, 1994 It was the consensus of the City Council to remove Resolution 7, 1994, appointment of members and alternate members to the Planning & Zoning Commission to give themselves more time to consider this resolution and to talk with the applicants. Resolution 11, 1994 After discussion, Vice Mayor Monroe made a motion that Resolution 11, 1994, Approval of Minor Amendment to BallenIsles Pod 18 PUD, approved by Resolution 20, 1993, re: landscaping, be approved with two changes in Section 4: change "of" to "for" and "expiration" to "approval ". Councilwoman Furtado seconded the motion which was unanimously approved. RESOLUTION 12, 1994 Both Councilman Clark and Vice Mayor Monroe did not agree with Resolution 12, 1994, opposing HR Bill 3191 and Senate Bill 1405 regarding the National Flood Insurance Reform Act of 1993. After discussion, Mayor Russo stated his opinion that the taxpayers would want this resolution passed by the Council, and requested that Councilman Clark and Vice Mayor Monroe speak with Jack Horniman, Executive Director of Palm Beach County Municipal League, before the next Council Meeting, when this matter would be voted upon. ORDINANCE 2, 1994 Motion was made by Vice Mayor Monroe that Ordinance 2, 1994, Landscape Code Amendment, be placed on first reading by title only. Motion was seconded by Councilman 7 ,J-/ CITY COUNCIL REGULAR MEETING, 11,-e194 PAGE 9 Clark. Per a unanimous vote by the City Council, the Deputy City Clerk read Ordinance 2, 1994, by title only, on first reading. ORDINANCE 3, 1994 Motion was made by Vice Mayor Monroe that Ordinance 3, 1994, Amending Retirement Plan for General Employees of the City, be placed on first reading by title only. Motion was seconded by Councilman Clark. Per a unanimous vote by the City Council, the Deputy City Clerk read Ordinance 3, 1994, by title only, on first reading. Win Weldon, Chairman of the General Employees Pension Plan spoke to clarify the amendments to the pension plan that the Ordinance would encompass. ORDINANCE 4, 1994 Motion was made by Vice Mayor Monroe that Ordinance 4, 1994, Amending Retirement Plan for Firemen's Retirement Plan of the City, be placed on first reading by title only. Motion was seconded by Councilwoman Furtado. Per a unanimous vote by the City Council, the Deputy City Clerk read ordinance 4, 1994, by title only, on first reading. ITEMS FOR DISCUSSION PGA BRIDGE CENTER PUD Rich Walton gave a short history of the Bridge Center Planned Unit Development which had initially been approved in 1986 and had been granted two time extensions. He stated the Planning & Zoning Commission had recommended denial of the request for a one -year time extension for development and staff did not feel 5 CITY COUNCIL REGULAR MEETING, 1/9/94 PAGE 10 petitioner had acted in good faith. Larry Smith, agent for American Financial -Downs Partnership, stated he had submitted good faith supporting documentation, that his client had complied with City requirements by giving right -of -way through the property when requested by the City, but finanically had not been able to develop the PUD, and requested a public hearing on this matter. It was the consensus of the Council to deny petitioner's request, however, agreed upon advice of the city Attorney to grant the request for a public hearing. ATT REGERERATOR BUILDING CONDITIONAL USE Rich Walton presented for discussion the request for conditional use for a regenerator on property at the northwest corner of the intersection of Florida's Turnpike and Beeline Highway, leased from the John D. and Catherine T. MacArthur Foundation by AT &T Communications. Staff had determined that the subject property must first have a City zoning designation before conditional use could be granted, and the Planning & Zoning Commission had unanimously recommended to the City Council approval JJ of the rezoning request from AR, Agricultural Residential, to the Palm Beach Gardens zoning designation of RS -1, Residential Single Family. The City Council had no questions of the petitioner. A Public Hearing /Second Reading was scheduled for the February 17, 1994 City Council Meeting. a 5 F L" i CITY COUNCIL REGULAR MEETING, 1/x'/94 PAGE 11 CODE AMENDMENT FOR ELIMINATING RESTAURANT REQUIREMENT FOR BEER AND WINE LICENSES It was the consensus of the City Council to approve the recommendation of staff for immediate amendment of the current zoning code to allow the retail sale of liquor, beer and wine as a permitted use in conjunction with a restaurant in all districts allowing restaurants, and that night clubs, bars and taverns be allowed only as conditional uses in the CG -1, General Commercial District, and the CG -2, Intensive Commercial District. BEAUTIFICATION AND ENVIRONMENTAL COMMITTEE It was the consensus of the City Council to reactivate the Beautification and Environmental Committee. Suggestions were made by Councilwoman Furtado that one method of possible funding for the committee's work might come from a recycling project, and that revitalization of Lake Catherine could be a project for the committee. Councilman Clark suggested beautifying entrances to the City as another project. CITY ATTORNEY'S REPORT City Attorney Tom Baird reported on the status of several lawsuits and stated the Flanagan case settlement amount had been negotiated from $100,000 down to $22,500; the Reno Wells case was also close to settlement; and the Wiley class action case would be handled next. Mr. Baird had contacted the Justice Department and suggested that zC CITY COUNCIL REGULAR MEETING, 1ke194 PAGE 12 he and his law firm would hopefully be substituted for the firm of Hogg, Allen so the City's interests would be properly represented. He stated he would call the City Council members individually to state his recommendations in the golf course litigation. ADJOURNMENT There being no further business to discuss, the meeting was adjoufFn 1 Y00 P.M. APPROVAL 69 Y' J SEPH R. RUSSO r� VICE MAY-gR LINDA MONROE COUNCILMAN ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK ATTEST: 7 EXA M: RIEF, DEPUTY CITY CLERK