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HomeMy WebLinkAboutMinutes Council 020394M CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS FEBRUARY 3, 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 City Clerk called the roll and present were Mayor Russo, Vice Mayor Monroe, Councilwoman Furtado, and Councilman Clark. Councilman Jablin arrived at 7:40 P.M. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted on the City's Bulletin Boards. COMMENTS FROM THE PUBLIC: Milton Stern Milton Stern stated the North County Airport would hold a 4 -day opening ceremony which would include a press meeting on April 21, an Open House on April 22, and an air show on April 23 and 24. Mr. Stern voiced concern that in the future the airport could become lax in adhering to required specifications, therefore two pilots have been appointed to the airport board who have agreed to observe the airport on a regular basis. Vice Mayor Monroe assured Mr. Stern the airport would be monitored CONSENT AGENDA Resolution 8, 1994 for compliance to specifications under the Development of Regional Impact (DRI) process which Palm Beach County has in place under the supervision of Kathy Noble. Mayor Russo stated the airport regulations are specified by the DRI and cannot be changed without approval by the County Commission and the City Council to amend the DRI. It was the consensus of the City Council that Resolution 8, 1994, be pulled from the consent agenda. A motion was made by Councilwoman Furtado, seconded by Vice Mayor Monroe to approve Consent Agenda without Resolution 8, 1994. Motion passed 5 -0. It was the consensus of the City Council to add the following amendments to Resolution 8, 1994, which were read into the record by City Attorney Baird. In Paragraph 4 regarding the potential for vegetation expiring, a sentence would be added to read: "If at any time prior to the establishment of the planted areas any vegetation expires, this vegetation shall be replaced at the applicant's expense and maintained by the applicant until it is established." Add a paragraph number seven "Any trees exceeding 15 feet, and 3 inches in caliper shall not be removed." In paragraph 4 delete "prior to the occupancy of the theater" and replace with "prior to the activation or electrification of the sign." Vice Mayor Monroe requested the word "where" be added in Section 3, second sentence after the word "event ". Councilman Clark made a motion to approve Resolution 8, CITY COUNCIL REGULAR MEETING, 2/3/94 1994 with the amendments as stated, seconded by Councilman Jablin. Vice Mayor Monroe stated her reasons for voting for this Resolution which would be an exception to the sign code were because the college is a public institution; there would be events that would change more frequently than weekly and could not be advertised in a newspaper in time to announce them; and the college is a non - profit organization. Motion passed 6 =4jq PUBLIC HEARINGS ORDINANCE 24, 1993 Mayor Russo declared the Public Hearing open, which was duly advertised 1/19/94 and held on the intent of Ordinance 24, 1993, Assigning the Zoning Classification Residential Single- Family (RS -1) to a parcel of land located at the northwest corner of the intersection of Florida's Turnpike and Beeline Highway. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Vice Mayor Monroe made a motion that Ordinance 24, 1993, be placed by title only on second and final reading. Motion was seconded by Councilman Clark. Per a unanimous vote by the City Council, the City Clerk read Ordinance 24, 1993, by title only, on second and final reading. Vice Mayor Monroe made a motion to approve adoption of Ordinance 24, 1993, seconded by Councilman Clark. Motion passed 5 -0. CITY COUNCIL REGULAR MEETING, 213194 PAGE 4 RESOLUTION 3, 1994 Vice Mayor Monroe made a motion to approve adoption of Resolution 3, 1994, approving the conditional use of a parcel of land located at the northwest corner of Florida's Turnpike and Beeline Highway for a utility regenerator building, seconded by Councilwoman Furtado, and unanimously approved. RESOLUTION 9, 1994 Rich Walton stated staff continued to recommend approval of Resolution 9, 1994, Approval of Reinstatement of the Gardens East PUD, as proposed and stated the petitioner had agreed to all conditions as proposed except two, conditions numbered 4 and 9. During discussion, Vice Mayor Monroe stated for the record "the understanding is: that commence development is per the plans such as the foundations and footers and getting them inspected." Steve Mathison, attorney for the petitioner, stated in regard to Condition number 9 for the record that "Tower Entry feature will be constructed as a part of the construction of these outparcels ". After discussion it was the consensus of the City Council to make the following changes to the resolution: Changes to Section 1 were read by City Manager Herakovich as follows: Insert a sentence before the last sentence to read "Prior to the expiration of the reinstated PUD the developer may apply for an extension of 1 additional year for good cause shown." Changes to Paragraphs 4, 5, 7, 8, and 9 CITY COUNCIL REGULAR MEETING, 2/3/94 PAGE 5 were read by City Attorney Baird as follows: Paragraph 4, last sentence shall be: The 25 -foot buffer adjacent to Alternate AlA shall be completed by March 31, 1994." Paragraph 5, first sentence, delete the word "should" and replace with "shall ". Paragraph 5, last sentence: add the words "in perpetuity" after the last word in the sentence, which is "irrigation." Paragraph 7, first sentence, delete the word "should" and replace with "shall ". Paragraph 8, delete the word "substantially ". Paragraph 9, move the word "substantially" and insert it after the word "completed" and before the word "in ". Motion was made by Councilman Clark, seconded by Councilwoman Furtado to approve Resolution 9, 1994, with the changes to Section 1 as read by the City Manager and the changes to Paragraphs 4, 5, 7, 8, and 9 as read by the City Attorney. Motion passed 5 -0. RESOLUTION 10, 1994 After discussion, it was the consensus of the City Council to approve Resolution 10, 1994, Approval of Kenny Rogers Restaurant PUD. Councilman Clark made a motion to approve Resolution 10, 1994, seconded by Councilman Jablin and unanimously carried. RESOLUTION 12, 1994 Resolution 12, 1994, Opposing House of Representatives Bill 3191 and Senate Bill 1405 regarding the National Flood Insurance Reform Act of 1993 as they are currently worded and recommending revisions thereto. Councilman Clark and Vice Mayor Monroe remained opposed to the 1 CITY COUNCIL REGULAR MEETING, 2/3/94 PAGE 6 resolution as presented. Mayor Russo called for a vote to approve Resolution 12, 1994, which passed 3 -2. RESOLUTION 17, 1994 Resolution 17, 1994, Awarding a bid for the roof repairs of the City's Community Center as advertised and opened and read at the Regular Meeting of 1/20/94. It was the consensus of the City Council to accept the recommendation by Staff to award the bid to ThermaSeal Roofs, Inc. instead of to the low bidder. The low bidder had found after his bid was submitted that he had omitted a portion of the work required and asked to resubmit his bid at a higher amount, which procedure was outside the bid process and therefore could not be accepted. The other bidder that submitted a lower bid than ThermaSeal Roofs, Inc. was not a local firm; therefore, because of coordination problems, the need to repair the roof while events would be going on, safety to the public, as well as extensive crane work involved, recommendation by staff was to accept a local firm that was based ten minutes from the job which would save more than the $2,388 difference in the two bids. City Attorney Baird stated that these reasons were sufficient to award the bid to a bidder that was not the low bidder. City Manager Herakovich stated that the source of funds for the air conditioning portion of the job would be researched by staff and placed on the agenda for the next City Council meeting. Motion was made by Vice Mayor Monroe, seconded CITY COUNCIL REGULAR MEETING, 2/3/94 TTl�L� 1 by Councilwoman Furtado, to insert ThermaSeal Roofing, Inc. into the first blank and the amount of $124,888 into the second blank, with $100,000 to come from the 1993 budgeted amount for encumbered funds, and the $24,888 to come from 1994 council contingency fund. Motion passed 4 =IZ ORDINANCE 1, 1994 It was the consensus of the City Council that first reading of Ordinance 1, 1994, Amending Chapter 159 of the Palm Beach Gardens Code by the creation of Section 159.065, be rescheduled so that further research could be conducted before guidelines were established. Staff was directed to consult experts who sell and install awnings for information such as resistence to fading, wind resistence, etc. ITEMS BY CITY MANAGER City Manager Herakavich reported staff had met with Gardens of Woodberry residents and reviewed the Northern Palm Beach Water Control District Landscaping Plan. She stated that residents' concerns regarding the proposed wall along PGA Boulevard would be brought before the Water Control District; and at a homeowners association meeting scheduled for approximately two weeks from now residents will discuss means of funding the wall. City Manager Herakovich reported the audit has been completed with the exception of the Police Pension Fund and will be CITY COUNCIL REGULAR MEETING, 2/3/94 ITEMS BY THE MAYOR Councilwoman Furtado PAGE 8 presented to the City Council as soon as that fund has been audited; or if desired, the report will be presented without that information. Landscaping work on PGA Boulevard was delayed this week because of rain. City Manager Herakovich reported staff would be researching a new Department of Transportation program in which wildflower seedings are provided for the triangular strips at on and off ramps to I -95. The City Manager requested a date for the Advisory Board Breakfast which was agreed upon as February 26, and requested a City Council Workshop meeting for February 10. City Manager Herakovich reported Palm Beach County has proposed an amendment to their level of service for park acreage through their comprehensive plan process which would reduce the amount of acreage allotted for various types of parks. This would result in a 5 to 10 year delay in obtaining a district park within the City of Palm Beach Gardens. Motion was made by Vice Mayor Monroe, seconded by Councilwoman Furtado that Staff prepare an objection to the proposal. Motion passed 5 -0. Councilwoman Furtado announced a one -day county -wide retreat in May has been planned by the Steering Committee to formulate a plan of action for addressing the problem CITY COUNCIL REGULAR MEETING, 2/3/94 PAGE 9 of violence in schools. She reminded everyone of the importance of attending the School Board meeting on February 15, and that Up With People still needed funds for Project Graduation. She reported younger children have enjoyed their involvement in the Police Explorer Program. At Councilwoman Furtado's request, City Manager Herakovich updated the City Council on the activities of the Building Committee. She reported weekly meetings have been held and proposals requesting quotations for the Master Site Planning Area have gone out, which should be received so that they could be reviewed in about two weeks. Vice Mayor Monroe At the request of Councilwoman Monroe it was the consensus of the City Council to change the agenda for City Council meetings to schedule presentations first, then comments from the public, then reports by the Council members, City Manager and City Attorney. Vice Mayor Monroe asked staff to research whether the new Winn Dixie landscaping is required to come before the Council. Vice Mayor Monroe reported she had discovered at a meeting between City and County staff that plans have been approved for widening Military Trail from Elm to Donald Ross Road within the City of Palm Beach Gardens, as well as north of Donald Ross Road outside the City limits. She reported that she had contacted the MacArthur Foundation who expressed willingness to donate 1 1 CITY COUNCIL REGULAR MEETING, 2/3/94 PAGE 10 10 feet of land along the right -of -way of the widened road to be used as a natural buffer, which would allow room for greenspace and for bicycle and foot traffic. She requested the Council authorize the Mayor to prepare a letter of request to the Foundation for the land donation within the City limits, and stated the City Manager would research who should send a similar letter of request to the Foundation for a land donation for Military Trail right -of -way north of the City. Councilman Clark Councilman Clark reported the Planning and Zoning Commission had asked him to thank everyone involved with the beautification work done on PGA Boulevard. Planning and Zoning requested the City Attorney apprise them on the impact of the Snyder decision of the Supreme Court which limited the ability of members of Planning and Zoning to talk to petitioners before they come up for review. Also, several members were very concerned about "temporary" signs becoming permanent signs and rooftop antennas and dishes. Councilman Jablin Councilman Jablin expressed his sorrow on behalf of the City Council for the untimely death of Jerry Gardner. After attending a Recreation Board Meeting where ideas were presented for future use of the Klock property, Councilman Jablin requested a workshop for visionary plans re: this property. City Manager Herakovich stated development of this property was on hold until impact fee credits had been used by the MacArthur Foundation, 1 CITY COUNCIL REGULAR MEETING, 2/3/94 PAGE 11 however, staff has been working on environmental assessment of the property which would be included in master site planning currently underway. Councilman Jablin stated that on 2/13/94 the Palm Beach Gardens Association and the Health Department would meet with the Landfill Committee. The purpose of the meeting would be to put to rest any fears about the City's water quality. Mayor Russo Mayor Russo reported on an excellent meeting of the North County Economic Advisory Committee meeting at the Economic Development Board, where there was now a full - time sales person working to locate businesses to Northern Palm Beach County. The Mayor, Councilwoman Furtado, City Manager and Assistant City Manager had attended a meeting with representatives of the school board and County Commissioner Marcus where boundaries were discussed. Mayor Russo expressed his concern that Palm Beach County's biggest problem was the problems in the schools, and his hope that education could be made a concurrency requirement in the future. Councilwoman Furtado stated her belief that the Palm Beach County School District was too large. Mayor Russo asked that bids for insurance and trash be set up for April or May. Mayor Russo raised a question re: acceptance of dinner invitations as Mayor of the City and whether this would fall under the IRS gift rule for him as an individual, and questioned if the City designated a representative to CITY COUNCIL REGULAR MEETING, 2/3/94 PAGE 12 attend functions would it still need to be reported as a gift. Attorney Baird stated he would provide an analysis of the gift law on this subject. CITY ATTORNEY'S REPORT City Attorney Baird reported on options which would be available to the City if they should decide to file an appeal involving the attorney fee award of $16,000 in the golf course litigation. Since Attorney Baird advised the Council that there was no clear case law which supported the Council's position, it was the consensus of the City Council not to file an appeal in this matter. Motion not to file the appeal was made by Vice Mayor Monroe, seconded by Councilwoman Furtado and carried 5 -0. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 10:30 P.M. MAYOR JOSEPH R. RUSSO VICE ROE LI r COUNCI4 ERIC JPg COUN &ILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK ATTEST: XOSIER, CMt, CITY CLERK i