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HomeMy WebLinkAboutMinutes Council 100793CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS OCTOBER 7, 1993 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, Councilman Jablin, Councilwoman Furtado, and Councilman Clark. PRESENTATION Mayor Russo presented a plaque to former Councilman Donald Kiselewski from the City Council, city Manager, City Employees, and residents of the city in appreciation of 12 years dedicated and conscientious service to the City of Palm Beach Gardens, from 1981 to 1992. ITEMS BY THE CITY MANAGER City Manager Herakovich informed the City Council that the area of Westwood Lakes has experienced serious flooding this week due to heavy rains and improper drainage. Because this area was originally in the County and later annexed into the city, several entities are involved in various aspects of jurisdiction, including the homeowners association for Westwood Lakes, the COUNCIL REGULAR MEETING, 10/7/93 PAGE 2 County, and the Northern Palm Beach County Water Control District. The City Manager called these entities together and identified improvements that need to be made in the storm drainage system, i.e., areas that need to be cleaned out to increase water flow. Mayor Russo stated the City could not just fix the problem because it is not under our jurisdiction but should take a leadership position to be sure residents are taken care of by being sure meetings are taking place and that the problem is being remedied. The City Manager stated that she met with residents who are members of the YMCA and County Commissioner Karen Marcus, concerning the future of the YMCA building. The City Building Inspector and County Facility Manager will be going through the building to identify improvements that would need to be made to meet codes and safety requirements, along with a cost estimate so that the feasibility of a possible public /private partnership can be determined. City Manager Herakovich stated that because of an incident today where an unknown person discarded paint thinner and fertilizer into construction dumpsters at Tanglewood Apartments and two maintenance workers became ill, the City has requested that contractors more closely supervise their dumpsters or lock them to avoid unauthorized use. COUNCIL REGULAR MEETING, 10/7/93 PAGE 3 City Manager Herakovich reported regarding Attorney RFPs. Council agreed unanimously with the City Manager to accept proposals that came in after the 4:30 deadline, but before 5 p.m., and that the Council will interview the top 3 -5 candidates - -those candidates to be determined by use of an evaluation chart of important qualifications devised by the City Manager. At the recommendation of the City Manager, the City Council unanimously agreed to schedule workshop meetings for the second Thursday of each month beginning 10/14/93. ITEMS BY MAYOR AND CITY COUNCIL Councilwoman Furtado Councilwoman Furtado reported that the Space Allocation Committee's final report and recommendations would be presented at the next regularly scheduled Council meeting on 10/21/93. A serious problem at Palm Beach Gardens high school is security. Chief Fitzgerald is now looking into loitering problems around the high school and Howell Watkins Junior High School. Parents have volunteered to be in corridors and on school grounds. Councilwoman Furtado requested any interested adult attend a Pep rally at the high school tomorrow to provide high visibility of adults at the school. Councilwoman Furtado stated people are COUNCIL REGULAR MEETING, 10/7/93 PAGE 4 pulling their children out of school because of lack of security, and requested that drug free school zone signs be placed around schools in Palm Beach Gardens. Mayor Russo stated Commissioner Karen Marcus had requested his support in dealing with school problems, and that these problems must be solved. Vice Mayor Monroe Vice Mayor Monroe stated that as she reported at the last City Council meeting, with the direction of the Policy Statement from the Planning Forum, the last item was implementation and the old Steering Committee would meet to determine the makeup of the New Steering Committee. The meeting took place and the Steering Committee requested each go back to their respective bodies and ask that a workshop be held on that Policy Statement, to say what the Council truly endorses and what items they cannot live with in order to give their representatives some direction re: implementation. Representation is to be one elected official with a delegated alternate with voting rights, plus residents as follows: City of Jupiter will appoint one resident representative from North County area, City of Palm Beach Gardens will appoint one resident representative from Palm Beach Gardens general area and County will appoint one resident representative from unincorporated area. Each council member was requested to scan the policy statement before next week to determine direction and a COUNCIL REGULAR MEETING, 10/7/93 PAGE 5 written comment from the City saying they intend to participate in the next phase, as the Council has an option to participate or not. Councilman Jablin Councilman Jablin stated there would be a meeting of the Landfill Committee on Monday Oct. 11 at 7 :30. The Dames and Moore study will be out tomorrow 10/8/93. Landfill Committee members will meet every Monday until job is done. Lennart Lindahl, City Engineer, volunteered to put together a peer study of the Dames & Moore study by people who have had no contact with the MacArthur Foundation, so there will be no question as to validity of that study. Mayor Russo Mayor Russo stated he sent a letter 2 weeks ago to District 1 County Commissioner Karen Marcus and County Chair Mary McCarty about the city's golf course. Since the County had planned in the future to build a golf course in North county, the City has requested they work together to deal with City's underutilized golf course. Commissioner Karen Marcus was very supportive of this effort. Mayor Russo has scheduled a meeting scheduled Commissioner McCarty and head of County's Parks Department for the first part of November. Mayor Russo reported he attended a meeting 2 weeks ago and another this afternoon re: the proposed Braves stadium. County Commission wants northern municipalities to contribute money, however, Mayor Russo felt the bed COUNCIL REGULAR MEETING, 10/7/93 PAGE 6 tax was in place for this purpose. Jupiter is being asked to make a major contribution. Mayor Russo personally felt that the direction the county should take is to get this done and then work on it together utilizing the bed tax, and coordination with developers. Once the economy & the golf course are back on track the City would be in a better position to consider contribution. County Commissioner Karen Marcus, Mayors and representatives of North county, Larry Pelton from the Development Board Dale Smith from the Foundation Land Company, and representatives of the various Chambers, and Palm Beach Community College, met this morning to try to do something for North County economic development. The Development Board committed to put a sales person in place for North County, spending 100% of their efforts on North County. The Committee discussed an incentive bonus relocation program for North County in order to attract companies to this area. Councilwoman Furtado stated that we need to coordinate between ports, rail and air to be able to get commodities out. Mayor Russo suggested the City become a member of Business Development Board, target what we want and work on that specifically. Larry Pelton of the Development Board would meet with corporate heads and see what they are looking for as we need to bring in jobs to this area. COUNCIL REGULAR MEETING, 10/7/93 PAGE 7 T In response to Mayor Russo, who asked when the traffic light at Burns Road and Gardens East will be done. The City Manager stated it is close to the end of the 60 days it was to take for this job and she will request further information. COMMENTS FROM THE PUBLIC Denise Krulis Denise Krulis of 5806 Golden Eagle Circle, Vice President of Westwood Gardens, stated flooding has been a major problem in her neighborhood. The 8 governmental entities now involved in their flooding problem have put together a task force to meet next Thursday. She stated the County has furnished copies of original permits, blueprints and engineering designs to Northern Palm Beach County Water Control District and she gave Council copies of original approved drawings. She invited interested council members to attend meeting next Thursday at 9 AM at Northern Palm Beach County Water Control District. City manager stated engineering & public works staff will be at the meeting. Mayor Russo assured her that the City will aggressively support the residents in solvinge this problem. Jeff Sabin Mr. Jeff Sabin stated he is the Chair of the Recreation & Parks Advisory Board and requested assistance concerning the 16.9 acre Klock property to the north and to the east of the Klock building on Burns Road. He asked for confirmation on actual COUNCIL REGULAR MEETING, 10/7/93 PAGE 8 ownership of the property. Mayor Russo explained this land was received under agreement with Foundation Land Company whereby they would get credit for recreation impact fees in the future, and the City Council members at that time did not decide what to do with it. The Council agreed with Mayor Russo that since offsetting against recreation impact that it should be part of recreation lands and may need to be redesignated from public to recreation. Rich Walton, in response to question by Vice Mayor Monroe, stated parks are all designated recreational open space to meet our level of service; however this parcel was not included in calculations of level of service at the present time. If designated recreation land it is required to be actively used for recreation. Mr. Sabin also requested information re: if there were any restrictions for development in the agreement. Staff will research this request. CONSENT AGENDA Councilman Clark made a motion, seconded by Councilman Jablin, to approve the consent agenda. Vice Mayor Monroe asked the minutes be amended under Resolution 114, 1993 to include "The motion was withdrawn" at the end of the paragraph, since a motion was made and seconded to v approve the resolution; however, it was the concnsus of COUNCIL REGULAR MEETING, 10/7/93 PAGE 9 the City Council to table the resolution until the engineering fees could be determined. Councilman Clark withdrew his motion to approve the minutes and made a motion to approve the minutes as amended. Seconded by Councilwoman Furtado. Motion unanimously approved. PUBLIC HEARINGS: Ordinance 16 -A, 1993 Mayor Russo declared the Public Hearing open, to consider Ordinance 16 -A, 1993, approving a budget for Fiscal Year 1993 -1994. It had been discovered that the notice published in the newspaper contained a small difference in the figures so the advertisement was re- advertised. All original comments remain on the record. The City Manager summarized certain aspects of the budget stating percentage of increase over the rollback necessary to fund the 1993 -94 fiscal year budget was 23.9$% and nothing has been changed as far as additions to the budget. Jim Delonga Jim Delonga of Palm Beach Gardens stated he had previously offered a suggestion to reduce the budget by $36,600 and now asked the Council to consider an additional savings of $24,000 by cancelling their medical and dental expenses. Mr. DeLonga also asked whether a decision has been made on hiring out of state COUNCIL REGULAR MEETING, 10/7/93 Linda Prentiss Resolution 113 -A ORDINANCE 16 -A finance manager or if a local person could be considered for the position. Linda Prentiss, resident of Monet Oaks, Palm Beach Gardens, stated she has lived in this area 32 years. She stated residents of Monet Oaks find taxes getting out of hand and would like to see something done. Mayor Russo advised the council is doing many cost containment procedures this year as well as trying to do something with the golf course. There being no further comments from the public, Mayor Russo declared the Public Hearing closed. Motion to approve Resolution 113 -A, 1993 was made by Councilwoman Furtado, seconded by councilman Clark. Mayor Russo read portions of Resolution 113 -A, 1993 that stated a millage rate of 4.117 per 1,000 valuation of real and personal property exceeds the rolled -back rate by 21.03 percent. Section One stated a millage rate of 4.058 and voted rate of .059 is levied and shall be collected on all real and personal property located within the City of Palm Beach Gardens. Motion then passed 4 to one, with Vice Mayor Monroe voting against the motion for reasons previously stated at the 9/23/93 Public Hearing. Per a concensus of the City Council, the City Clerk read by title only, on first and final reading (emergency basis), Ordinance 16 -A, adopting a budget for the Fiscal COUNCIL REGULAR MEETING, 10/7/93 PAGE 11 Year 1993 -1994. Councilwoman Furtado made a motion, seconded by Councilman Clark to adopt Ordinanc 16 -A. The motion passed by a vote of 4 -1, with Vice Mayor Monroe voting nay, for reasons previously mentioned. Mayor Russo commented on a letter he received the past week from the Tax Cap Committee. He stated he is in favor of a tax cap on spending, but not on funds that relate to dollars beyond control, so that government could still work. Councilwoman Furtado stated Council needs to communicate better with residents regarding the whole picture of city finances. RESOLUTION 114, 1993 Resolution 114, 1993, relating to the re- appointment of the City Engineer, was tabled at the last meeting so that the question of whether the Engineer's fee would remain the same as last year could be determined. After City Manager Herakovich reported basically no increase, Councilwoman Furtado expressed concern that some process is needed to compare present City Engineer's fees with those of other Engineering firms. Mayor Russo then explained the process to hire an engineer is based on qualifications only with no discussion of fees. After selection fees are negotiated. Mr. Lindahl, City Engineer, addressed the Council, outlining the RFQ COUNCIL REGULAR MEETING, 10/7/93 PAGE 12 procedure. It was the consensus of the Council that this appointment be made at this time. Vice Mayor Monroe made a motion to approve Resolution 114, 1993, seconded by Councilman Clark, and unanimously approved. RESOLUTION 115, 1993 The city Council discussed Resolution 115, 1993, regarding salaries and fringe benefits for department heads, assistant department heads, and officers. Minor changes agreed upon were to change the date in Section 1 from 1992 to 1993 and 1992/1993 to 1993/1994, and to add the word "Budgeted" in front of "Fringe Benefits." Vice Mayor Monroe made a motion to approve Resolution 115, 1993 with those minor corrections. Motion was seconded by Councilwoman Furtado, and unanimously approved by the City Council. RESOLUTION 116, 1993 The City Council discussed Resolution 116, 1993, Establishing and Adopting the Minimum and Maximum Salaries of the Job classifications in the Merit System. After a lengthy discussion, and line -by -line discussion of salary ranges. Mayor Russo requested staff amend the ranges so the Council would be voting to approve actual corrected figures. The Council will then consider approval of this Resolution later in the agenda. RESOLUTION 117, 1993 COUNCIL REGULAR MEETING, 10/7/93 PAGE 13 Vice Mayor Monroe made a motion to approve Resolution 117, 1993, Amending the Rules and Regulations of the city Merit System by including a Medical Leave Policy, which was seconded by Councilwoman Furtado, and unanimously approved by the City Council. RESOLUTION 121. 1993 RESOLUTION 122, 1993 The City Council discussed Resolution 121, 1993, appointing a representative and an alternate representative to the Multi- Jurisdictional Issues Coordination Forum. The following names were inserted in the blanks: David Clark - representative Kim Glas - alternate representative Councilman Clark made a motion, seconded by Vice Mayor Monroe, to approve Resolution 121, 1993, with the above names. Resolution 121, 1993, was unanimously adopted by the City Council. Upon motion made by Vice Mayor Monroe, seconded by Councilwoman Furtado, the City Council approved Resolution 122, 1993, with City Manager Bobbie Herakovich designated to be the City official who may file a written Notice of Intent to Object and formal objection. Resolution 122, 1993, was unanimously approved by the City Council. COUNCIL REGULAR MEETING, 10/7/93 RESOLUTION 120, 1993 PAGE 14 Mark Hendrickson, City Forester, discussed Petition LV 93 -01 brought by William W. Branch, agent for Branch Management, to approve a landscape plan with landscape variances for Garden South Plaza at 4203 -4241 Northlake Boulevard, directly behind Discount Auto and west of Keating Drive. Subject property consists of two pieces of property, the store at the end of the strip closest to Keating not being apart of this application. Applicant is asking for variance of the minimum landscape requirements to only approve what is existing and not bring the property up to minimum landscape requirements. Consensus of Council was to change the wording of Resolution to replace the word "granting" in the title with "denying ", and in Section 2, line 2 change "grants" to denies ", striking the rest of section two. Motion made by Vice Mayor Monroe to approve Resolution 120, 1993, as amended. Motion was seconded by Councilwoman Furtado, unanimously approved by the City Council. RESOLUTION 116, 1993 City Manager Bobbie Herakovich, having furnished Council members with the changes made to this Resolution earlier in this meeting, called to the attention of the Council that one change, Secretary II, reflects the current salary which is higher than the maximum range. Vice Mayor Monroe made a motion to approve Resolution 116, COUNCIL REGULAR MEETING, 10/7/93 PAGE 15 1993. Seconded by Councilwoman Furtado, and unanimously approved by the City Council. ITEMS FOR DISCUSSION THE SANCTUARY PUD (Parcel 1.1) Presentation was made for a request to rezone a 80.13 - acre site from the Palm Beach County zoning designation of AR, Agricultural Residential, to the City's designation of PUD, Planned Unit Development, and site plan approval for the construction of 184 single - family detached and zero lot line residential homes located approximately 1,350 feet west of Prosperity Farms Road, immediately west of Crystal Point residential subdivision. It was decided the problem of the residents v in this community not having as quick a response time from Fire /Rescue as other residents could be dealt with by an announcement incorporated into documents at time of sale which would state they are currently not getting a 5- minute response time. It was decided to provide access to Fire /Rescue by extending Flamingo Road through to Alternate A1A and stabilizing but not paving until later. A workshop on extending Flamingo Road would be scheduled sometime in the future. Vice Mayor Monroe requested a workshop also be held in the near future on the issue of minimum crosssecti,ons for PUD roads, sidewalks, etc. Staff was directed to prepare the necessary documents and schedule an Ordinance for first reading at the 10/21/93 COUNCIL REGULAR MEETING, 10/7/93 PAGE 16 Regular City Council meeting and advertise a Public Hearing for the first regular meeting in November. M/I HOMES After presentation from M/I Homes regarding their request to re -zone a 56 -acre site from the Palm Beach County zoning designation of AR, Agricultural Residential, to the City's designation of PUD, Planned Unit Development, and site plan approval for the construction of 185 single - family detached and zero lot line residential homes located a quarter of a mile north of PGA Boulevard on the east side of Central Boulevard. Major items of concern which included keeping the Shady Lakes buffer intact, and maintenance of the parkway buffer were answered by the applicant stating these would be under ~ the jurisdiction of the homeowners association. Applicant requested the Council consider Condition No. 8, referencing $175,000 impact fee be refined before the next meeting with possible credit given since they will be spending a large amount to provide a pathway outside the project for public use. The consensus of the Council was they are not willing to give a credit, however agreed this could be discussed again at next meeting. Staff was directed to prepare the necessary documents for first reading on 10/21/93 Regular City Council meeting and to advertise a Public Hearing for the first meeting in November. COUNCIL REGULAR MEETING, 10/7/93 PAGE 17 ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 11:30 P.M. APPROVAL _ _`` 4ORiJOSEPH R. RUSSO VICE MAYOR LINDA MONROE COUNCILMAN ERIC J BL COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK ATTEST: LINDA V. ROSIER, CMC, CITY CLERK