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HomeMy WebLinkAboutMinutes Council 061694CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS June 16, 1994 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 Deputy City Clerk called the roll and present were Mayor Clark, Vice Mayor Monroe, Councilman Jablin and Councilwoman Furtado. Councilman Russo arrived at 7:37 P.M. ANNOUNCEMENTS Mayor Clark stated the announcements were as posted on the City's Bulletin Boards. PRESENTATIONS Mayor Clark honored Police Captain Art Stevenson for his 24--year career with the Palm Beach Gardens Police Department. Sergeant Carey Linderman was honored for her 15 years service to the City of Palm Beach Gardens. COMMISSIONER KAREN MARCUS: NORTH COUNTY COURTHOUSE EXPANSION Palm Beach County Commissioner Karen Marcus introduced Audrey Wolfe, Palm Beach County Facilities Planning Department, who presented an update on the expansion of the North County Courthouse. Ms. Wolfe stated the Courthouse expansion would take approximately 3 to 5 years to complete. To provide interim relief, the sheriff would be relocated into a stand -alone facility originally included in the master plan, and within the next 30 -45 days, an application for approval of the entire master plan, PUD approval for a fueling facility and the sheriff's substation was expected to be presented to the City Council. Since the last presentation to the City Council, the size of the courthouse expansion had been reduced and construction of the library had commenced. The option to relocate the DMV facility has been preserved. JUNO /JUPITER PIER Commissioner Marcus stated Juno Beach Park had been selected as the site for the new County pier and had been made a priority by the County Commission. The new pier was being designed at an upward angle so only the planks would be lost in a storm and not the pilings. The pier would be paid for with impact fees and offers of free materials had been made. After some objections to the location, the south side of Carlin Park or Diamond Head Park were also being considered as possible alternate sites. It was the consensus of the City Council to consider the adoption of a resolution supporting the pier at the July 7th City Council meeting. MILITARY TRAIL UPDATE Vice Mayor Monroe reported the County has notified the City that the portion of Military Trail from Northlake Boulevard to Holly Drive CITY COUNCIL REGULAR MEETING 6/16/94 3 was being turned over to the State, and the County does not want to commit to take any action until that has taken place. Commissioner Marcus agreed to coordinate a meeting between the City and the County to finalize plans for restriping and to assit the City in requesting landscaping approval from the FDOT. PROPOSED LANDSCAPING I -95 & NORTHLAKE BLVD Vice Mayor Monroe questioned whether the County might help provide funding to beautify the intersection of I -95 and Northlake Boulevard. She stated July 11th was the deadline to apply for a grant from Beautiful Palm Beaches. Commissioner Marcus reported the County had been considering mechanisms for maintaining the landscaping and might make the I -95 and Northlake Boulevard area a priority. She agreed to speak with County staff to ascertain if matching funds could be provided. Since the services of a landscape architect might be needed to create a plan in order to apply for the grant, a motion was made by Vice Mayor Monroe to authorize the City Manager to spend no more than $10,000 from the Council Contingency Fund to begin the process of planning to obtain approval for landscaping the area in the vicinity of I -95 and Northlake Boulevard. The motion was seconded by Councilman Jablin, and carried 5 -0. Commissioner Marcus reported the County was working to 1 i CITY COUNCIL REGULAR MEETING 6/16/94 4 BUILDING COMMITTEE: MASTER SITE PLAN PROPOSAL align Shady Lakes Boulevard and Hickory Drive to make the crossing safer for school children. Jeff Ornstein, Building Study Committee Chairman, presented the Conceptual Master Site Plan for the Municipal Administrative Complex. Mark Marsh of Digby Bridges, Marsh and Associates reported the site plan gave the Council Chamber the highest visibility and included the existing municipal complex, recreation facilities, a playground, and open space. Since the space for recreation facilities was more confined, those facilities shown on the recommended site plan were changed from the existing configuration. The site plan incorporated the future widening of Burns Road and its impact on the existing fire station, provided improved traffic flow, included the addition of an access road, parking facilities, a lake /water retention pond, an expanded Council Chamber, and a new police facility. Within 30 days of the initial review of the site plan by the City Council, the Building Committee would present a final report to the Council which would include time line scheduling and preliminary cost estimates. Building Committee member Andrew Brock, stated the plan had revolved from the serious need for police department facilities. Committee member Vincent Pappalardo urged the City Council to appoint another committee to help CITY COUNCIL REGULAR MEETING 6/16/94 5 sell this idea to the public. Councilman Russo suggested that a referendum was not the only method to proceed, and the Council needed to decide whether or not this issue would need to go to referendum. COUNCIL MEMBER'S CUP Councilman Russo was awarded the Council Member's Cup as the winner in the recent City Council competition at the City's Municipal Golf Course. ITEMS BY MAYOR AND COUNCILWOMAN FURTADO Councilwoman Furtado reported she had requested the MPO to submit any information on major items that would require a vote to the municipalities early so the elected officials of the City would have ample opportunity to provide input. She reported that approvals were in place for the elevation of U.S. Highway One to enable westward expansion of the Port of Palm Beach, and at her request, the MPO was in the process of drafting a resolution supporting the interlocal agreement between the City of Riviera Beach and the Port which would be submitted to the municipalities in the area for their approval. COMMENTS FROM THE PUBLIC Ka'EfTy--Babin Kathy Babin, 10102 Dahlia Avenue, spoke in favor of lighting the ballfields at Lake Catherine and requested land for the roller hockey league. It was the consensus of the City Council to support Councilman Russo's CITY COUNCIL REGULAR MEETING 6/16/94 6 STEVE BELCHER proposal to establish a subcommittee of the Recreation Advisory Board, representatives of the PBGYAA and the Recreation Advisory Board, the Recreation Director, and Councilman Russo to: 1) evaluate recreational needs, and 2) meet with the MacArthur Foundation to see what land they have available, and put this project on a fast track. Recreation Director Miller reported the Lake Catherine Homeowners Association was opposed to the lighting of the nearby ballfields. City Manager Herakovich suggested this matter be scheduled for a workshop meeting. Since Mr. Belcher stated his comments pertained to the health care plan, his comments were postponed until that item was discussed. DAN EAGLE Dan Eagle, 5 Sutherland Court, President of Palm Beach Gardens Youth Athletic Association, voiced concerns regarding the master plan presented earlier. He felt parking for the ballfields was inadequate, since it was almost identical to the current parking facilities at Lake Catherine; no facility had been earmarked as headquarters for the Palm Beach Gardens Youth Athletic Association; and, no provision had been made for roller hockey rinks. Mr. Eagle reported his efforts to communicate with the Board of Lake Catherine Homeowners Association had failed, and that lighting the ballfields at Lake Catherine needed to be made a priority. Mr. CITY COUNCIL REGULAR MEETING 6/16/94 7 Eagle requested the City Council consider a $100 donation per resident of the girls' softball teams, if their team qualified for national tournament. Since 5 teams have qualified with ten girls on each team, the donation would be $5,000. City Manager Herakovich reported the City was providing funds to the PBGYAA which they could use for the national tournaments or other items. VINCENT PAPPALARDO Vincent Pappalardo suggested the City Council establish a procedure to eliminate the time wasted at City Council meetings by consultants waiting for their agenda item to be presented. The City Council agreed to consider solutions. CONSENT AGENDA: Vice Mayor Monroe made a motion to approve the Consent Agenda as submitted. Councilman Jablin seconded the Motion. Motion to approve the Consent Agenda carried 5- 0. The following items were approved on the Consent Agenda: 1. Approval of Minutes of 6/2/94 City Council Regular Meeting. 2. Resolution 62, 1994 - Supporting and endorsing the location of the Convention Center in the City of Riviera Beach. 3. Resolution 64, 1994 - Approving a Minor Amendment to the Monterey Pointe PUD, approved by Resolution 104, 1991. 4. Resolution 66, 1994 - Supporting the Recommendation of the Palm Beach County Criminal Justice Commission to establish the Law Enforcement Communications Committee. 5. Resolution 78, 1994 - Approving the Plat of "BallenIsles Country Club ", approved by Resolution 42, 1994. PUBLIC HEARINGS: CITY COUNCIL REGULAR MEETING 6/16/94 8 ORDINANCE 10, 1994 Mayor Clark declared the public hearing open, which was duly advertised 6/1/94 and held on the intent of Ordinance 10, 1994, creating a PUD known as "Northlake i Medical office, with underlying zoning of CG -1. There being no comments from the public, Mayor Clark declared the Public Hearing closed. Vice Mayor Monroe made a motion to place on second reading and to adopt Ordinance 10, 1994. Motion was seconded by Councilman Jablin and passed by a 3 -0 vote. Councilman Russo and Councilwoman I Furtado were absent. The Deputy City Clerk read by title only on second and final reading Ordinance 10, 1994. ORDINANCE 11, 1994 Mayor Clark declared the public hearing open, which was duly advertised 6/1/94 and held on the intent of Ordinance 11, 1994, providing a two -year time extension for the issuance of building permits for the Admiralty II PUD. Gary Dytrych, attorney for Bill Colwell, Receiver, requested verification by the City Council as to the expiration date of the time extension. In response to a question by Vincent Pappalardo, Mayor Clark explained the City Council's policy which would start the time extension on the expiration date of the existing i approval, therefore the two -year time extension would expire on February 6, 1996. There being no other comments from the public, Mayor Clark declared the Public Hearing closed. Vice Mayor Monroe stated her position against this time extension since she did not feel that CITY COUNCIL REGULAR MEETING 6116194 9 the property owner's justification for an extension was sufficient. Motion was made by Councilman Jablin to place on second reading and to adopt Ordinance 11, 1994. Motion was seconded by Councilwoman Furtado and passed by a 4 -1 vote. Vice Mayor Monroe cast the nay vote for reasons previously stated. The Deputy City Clerk read by title only on second and final reading Ordinance 11, 1994. ORDINANCE 12, 1994 Mayor Clark declared the public hearing open, which was duly advertised 6/1/94 and held on the intent of Ordinance 12, 1994, providing a time extension for the issuance of building permits for the Oakbrook Corporate Center. Rich Walton stated the PUD expired 9 months ago and the petitioner was requesting an extension of 2 years from the date of approval plus 9 months. Mr. Walton stated the petitioner had not fulfilled the original requirement of submitting to the City a Unity of Title for the undeveloped portions of the PUD. Steve Mathison attorney for the petitioner, 0.R.E.0., Inc. addressed the City Council and stated that unity of control had been established, which binds everyone to comply with the terms of the approved PUD, while a unity of title would require informing a potential purchaser that they could not sell a portion of the property. In order to give the petitioner more time to comply with the unity of title requirement, Vice Mayor Monroe made a motion to recess CITY COUNCIL REGULAR MEETING 6/16/94 10 7, 1994 at approximately 7:30 p.m. Motion was seconded by Councilwoman Furtado and passed by a vote of 5 -0. RESOLUTIONS: RESOLUTION 75, 1994 Approving creation of a PUD on Parcel 12 of BallenIsles PCD. Motion was made by Councilman Russo to approve Resolution 75, 1994. Motion was seconded by Councilwoman Furtado and passed by a vote of 5 -0. RESOLUTION 76, 1994 Approving creation of a PUD on Parcel 13 of BallenIsles PCD. Councilman Russo stated he would abstain from voting on this matter since he had a client who was currently under contract for a portion of this parcel. Motion was made by Vice Mayor Monroe to approve Resolution 76, 1994. Motion was seconded by Councilwoman Furtado and passed by a vote of 4 -0 with Councilman Russo abstaining. RESOLUTION 77, 1994 Approving creation of a PUD on Parcel 17 of BallenIsles PCD. Staff felt the paver blocks, which the petitioner wished to use for sidewalks, were more of a liability than concrete. City Attorney Baird stated his opinion was that the City would not have incur liability in relation to private streets. Motion was made by Councilwoman Furtado to approve Resolution 77, 1994, with condition number 9 amended to read "The sidewalks shall be constructed of concrete or paver material with a top wearing surface to be level, true, and plumb from one unit to the next and set in a proper setting bed." �1 CITY COUNCIL REGULAR MEETING 6/16/94 11 Motion was seconded by Councilman Jablin and passed by a vote of 5 -0. ORDINANCE 13, 1994 Per a consensus of the City Council the Deputy City Clerk read, on first reading, by title only, Ordinance 13, 1994, amending Title XV of the City Code, entitled "Land Usage ". ORDINANCE 15, 1994 Henry Skokowski, agent for BallenIsles Development Company, requested the City Council remove Condition 1, or in the alternative, change to the recommended wording by City Engineer Getz which instead of "prior to the commencement of any new development east of BallenIsles Drive" was "prior to the approval of any new PUD east of BallenIsles Drive ". Mr. Skokowski also requested further work with staff on Condition 3. Per a consensus of the City Council, the Deputy City Clerk read, on first reading, by title only, Ordinance 15, 1994, amending the BallenIsles Planned Community District approved by Ordinance 8, 1989, by redesigning the Master Plan. ITEMS FOR COUNCIL ACTION: TEMPORARY SALE OF FIREWORKS City Manager Herakovich recommended the request by ABC Promotions Unlimited, Inc., for the temporary sale of fireworks at the southeast corner of Northlake Boulevard and Military Trail, be denied as they required constant monitoring by the Police Department last year. A motion was made by Vice Mayor Monroe to deny the request for the CITY COUNCIL REGULAR MEETING 6/16/94 12 temporary sale of fireworks at the southeast corner of Northlake Boulevard and Military Trail. Motion was ! seconded by Councilman Russo and unanimously passed. Upon the recommendation of the City Manager, Vice Mayor Monroe made a motion directing the City Manager to not approve any sale of fireworks within the City of Palm j Beach Gardens. Motion was seconded by Councilman Jablin I and unanimously passed. EMPLOYEE HEALTH CARE PACKAGE Finance Director, Kent Olson, advised the City Council that if they wished to remain with the current carrier, Acordia /Anthem, they would need to reject all of the health insurance bids that were received and negotiate with the current carrier for a renewal of the current insurance policy. STEVE BELCHER Mr. Belcher, Vice President of Employee Benefits for Acordia, was present to urge the Council to remain with Acordia /Anthem. Motion was made by Vice Mayor Monroe to reject all of the health insurance bids that were received for the July 1, 1994 renewal and to negotiate with the current carrier, Acordia /Anthem, for renewal of the current health insurance policy, and to approve the dental and life insurance proposals as submitted by Acordia /Anthem. Motion was seconded by Councilman Jablin and unanimously passed. D CITY COUNCIL REGULAR MEETING 6/16/94 ITEMS FOR DISCUSSION: 13 POLICE K -9 UNIT PROPOSAL Police Chief FitzGerald addressed the City Council regarding his experiences with K -9 units and listed several incidents which had occurred in the City in the past where a K -9 unit would probably have resulted in the apprehension of the perpetrator. He also listed uses for police dogs in police work and their effectiveness. It was the consensus of the City Council to direct the Chief to proceed with the proposal for K -9 units for the City. CITY ATTORNEY City Attorney Baird requested direction from the City Council in the continuing effort to resolve the class action lawsuit against the City. He stated he had read the two insurance policies and believed the City had more coverage than the insurance carrier had indicated. j Attorney Baird recommended the Council retain an attorney specializing in insurance coverage to furnish the City !� with a firm opinion on whether or not the City could likely prevail if they challenged the policies, since the amount at stake was $1 million to $4 million. Motion was made by Councilwoman Furtado to authorize City Attorney Baird to retain attorney Mike Easley of Easley and r Willets to provide this service. Motion was seconded by Councilman Russo and unanimously carried. City Attorney Baird reported Ms. DeLuca had vacated the golf course premises, and that the City would file to CITY COUNCIL REGULAR MEETING 6/16/94 14 recover money she owed the City; and that the Byrd deposition went very well. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 11:30 P.M. CITY COUNCIL REGULAR MEETING 6/16/94 APPROVAL At MAR DAVID CLARK 'VICE MAYOR LINDA MONROE COUNC?t 3'-'JOSEPH- RUSSO COUNCILMAN ERIC JABLIN a COUNCILWOMAN LAUREN FURTADO ATTEST: EXA M. Rt~EF, DEPUTY CI CLERK 15 i FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 4 \1 %AAII IIRS1 \•EMI MIDDII NAMF NAME OF BOARD. COIIN( IL, COMMISS10 %.AUIIIOR1lY.OR COMM I'll FE Russo, Joseph City of Palm Beach Gardens City Counc NAII.IN(; %DDRI SS 1 HF ROAR 1), COUNCIL. COMMISSION. AUl HORIII' OR COMMITTEE ON WHICH I SERVE IS A UNII OF: 18 Sheldrake Lane Id CITY O COUNTY O 01 HER LOCAL AGENCY Cl IN COUNTY Palm Beach Gardens, FL Palm Beach NAME OF POLITICAL SUBDIVISION: Palm BEach Gardens DATE ON % %HICH VOLT OCCURRED MY POSITION IS: 6/16/94 CX ELECTIVE ❑ APPOI%TIVE WHO MUST FILE FORM 86 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. Your 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 reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office \1UST 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. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your 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 any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO `TAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: F 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. CE FORM xB - ! -UI PAGE ! 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 hereby disclose that on (a) A measure came or will come before my agency which (check one) , 192z—: _/inured to my special private gain; or Z inured to the special gain of ►¢ C� ^'' v� h ��' £- - by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: � //JZ Date Filed Sign 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, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 88 • 1-91 PAGE 2