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HomeMy WebLinkAboutMinutes Council 061997CITY COUNCIL REGULAR MEETING JUNE 19, 1997 The June 19, 1997, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:30 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL The roll was called by the Deputy City Clerk and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilwoman Linda Monroe, Councilman Eric Jablin and Councilman David Clark. ANNOUNCEMENTS Mayor Russo stated that the announcements were as listed on the agenda and posted on the City's bulletin boards. Mayor Russo stated that the Space Station Alpha petition may not be heard tonight if a representative was not present. Mayor Russo further announced that the petition for Temple Beth David had to be readvertised and the Public Hearing would not take place this evening. PRESENTATIONS Wage & Compensation Study City Manager Herakovich stated that Mr. John Maxwell was in attendance this evening to discuss the study done by his firm re: wage and compensation. Mr. Maxwell briefly summarized the study and the methodology used to complete the study as well as the recommendations. Mr. Maxwell stated that the municipalities surveyed for comparison were local and information was received from the Florida League of Cities and the Public Employers Personnel Information Exchange. Each and every position was evaluated not only for external market comparison, CITY COUNCIL REGULAR MEETING, 6119197 2 but for internal consistency within the organization. Mr. Maxwell reviewed criteria used. Mr. Maxwell stated at present the City was using 4 different salary scales, however, he recommended using one scale for every position on the salary schedule. The proposed minimum/maximum salary scale for each position had a spread of approximately 48 -112 %. Mr. Maxwell recommended the salary schedule because it was consistent, with all employees being treated equally with an ability to move from minimum to maximum. Mr. Maxwell stated that a further study needed to be done regarding the administrative secretary positions and felt that the Human Resources Department should take a more in depth analysis of those positions. Mr. Maxwell stated that the study revealed that the City was very competitive with entry level salaries, however, the maximum salaries were behind the market. Mr. Maxwell stated that the City needed to award educational achievements and certification achievements of various positions. Mr. Maxwell stated that the fringe benefits offered to employees was very competitive and recommended no changes to the benefits. The City Council had no questions regarding the study and thanked Mr. Maxwell for his assistance in performing the wage and compensation study. Watterson, Hyland & Klett David Acton, City Attorney, addressed the Council and introduced members of the firm that work on City issues, such as Carol Wallace, Joe Caklemba, and Preston Fields. Campbell Property Mayor Russo stated he attended a meeting last week, at the direction of the City Council, regarding the Campbell property petition before Palm Beach County. Mayor Russo introduced Kevin Rattery of Kilday and Associates, land planning agent for the property owner. Mr. Rattery referenced a memo from the City's CITY COUNCIL REGULAR MEETING, 6/19197 91 Planning and Zoning staff dated 3117197 and a letter to Palm Beach County dated 3124197. There were 5 issues raised in those communications, the first being the subject of the land in question being designated as rural in the City of Palm Beach Gardens future annexation plan and by the North County Planning Forum. The second issue was water and sewer service; the third related to the 250 acre threshold for annexation into the City; the fourth related to leap frog development and the fifth was school impacts. Mr. Rattery presented a graphic of the property and detailed the petition before Palm Beach County. Mr. Rattery stated he was in attendance tonight to explain the fundamental difference between this property and the concepts that are created by the Forum plan. Mr. Rattery stated that this property was located inside the urban service plan of the Palm Beach County Comprehensive Plan, which only permits one dwelling unit per acre. The County has been going into the tier concept of growth management, with this property being designated as a "tier 2" property which has been designed by the Comprehensive Plan to receive urban level of service. The Environmental Acquisitions that have been acquired through the Environmentally Sensitive Lands Ordinance has virtually removed all the vacant undeveloped land to the north and east of this property. Directly across the street is the Ibis Golf and Country Club and west was Stonewall, providing for residential communities surrounding the property with higher densities. Mr. Rattery stated the petitioner was trying to amend the Industrial designation to a low density residential, with 2 units per acre, to be consistent with what was developed across the street in the Ibis community. Regarding services, Mr. Rattery stated that this project was brought before the Seacoast Utility Authority and at that time conceptual approval was granted for CITY COUNCIL REGULAR MEETING, 6119197 4 the City of West Palm Beach and Seacoast Utility Authority to enter into contract negotiations to allow West Palm Beach utilities to extend north into the Seacoast Utility Authority area. This approval was contingent upon the Board of County Commissioners adopting a land use plan. South Florida Water Management District has gone on record supporting the change from industrial with regard to the impact on environment. Mr. Rattery stated the petitioner was concerned about the leap frog argument being made. Mr. Rattery stated that the petitioner understood the school issue, however, until the concurrency item was resolved there were no solutions offered. Mayor Russo pointed out that the Land Use Advisory Board of the County, along with the City staff, has recommended denial of this project. Councilwoman Monroe stated that she would prefer the petitioner apply for a different comprehensive land amendment, if it was felt that the land had to be residential, that would provide for a text amendment to recognize that circumstances of the environmentally sensitive land around the area were needed. Councilwoman Monroe felt that there was room to talk about annexation into the City of Palm Beach Gardens, as well as comprehensive land amendments in Palm Beach County or Palm Beach Gardens. Councilwoman Monroe felt that when you went west of the Slough, you could talk about what's been approved in the past, but if everyone only approved what was done in the past, mistakes would be repeated. Mayor Russo stated that the Land Use Advisory Board also recommended denial of the commercial property by the cemetery, and felt that it should be annexed into the City because parcels in the future annexation area should be annexed into CITY COUNCIL REGULAR MEETING, 6119197 the City. 5 Mayor Russo stated he had a number of cards for Public Comments from people that wanted to discuss Christ Fellowship Church. Mayor Russo stated those comments would not be taken this evening because at the last meeting it was announced that this meeting would be for the purpose of postponement to a date and time certain. Mayor Russo stated that he would like a representative of the church to address a request the City has received from residents for a continuance regarding the church petition. AWARDING OF BIDS Utility Vehicle - Fire Dept. Councilwoman Monroe made a motion to award a bid for the purchase of a utility vehicle for the Fire Department to Ed Morse Fleet Sales of Ft. Lauderdale in the amount of $25,720.54, with the monies to be taken from the following accounts: $25,000 from 01- 1240 - 526.6410 and $720.54 from Field Equipment. The motion was seconded by Vice Mayor Furtado and unanimously carried. Rough Mower Vice Mayor Furtado made a motion to award the bid for a rough mower for the Golf Course to Pifer, Inc. in the amount of $18,597.00, with the hopes that it will include the mulcher blade in the future. Councilman Clark seconded the motion, which unanimously carried. ITEMS FOR COUNCIL ACTION Devonshire Nursing Home Kim Glas, Acting Planning and Zoning Director, stated that Devonshire Nursing Home was requesting a waiver for the Art in Public Places fee. The Art Advisory Committee discussed this issue and felt that this was a commercial site and should be subject to the Art in Public Places Ordinance. Staff recommended denial of the request for a waiver. CITY COUNCIL REGULAR MEETING, 6119197 n Mr. John Gary, representing Devonshire Nursing Home, stated that nursing homes are governed by Florida Statute and are required to be built at the same time the continuing care residence is built. In order to permit, economically, the building of the nursing home at the same time as the continued care facility, the first five years could house residents that did not come from the continued care facility. After that 5 year period, the only way to become a resident of the nursing home would be to have signed a continuing care contract and have moved into the Devonshire Continuing Care Facility and subsequently, because of declining health, move into the nursing home. At the time the project was approved, there were objections from the residents of PGA National because they did not want a nursing home located within PGA National. As a compromise, it was agreed that the nursing home would be moved from inside PGA National into the Commerce Park. This is the only life care facility in the State of Florida that would not have the nursing home a part of the continuing care facility. Mr. Gary stated that the petitioner is considering the nursing home as residential because of these facts and not a commercial project, and would, therefore, not be subject to the Art in Public Places Ordinance. Councilman Clark stated he would be willing to offer a compromise, due to the unique position of the petitioner, whereby the petitioner pay the cost of one of the City's proposed welcome signs. The petitioner would have to pay over $53,000 for art, however, the cost of one of the signs would be $13,600. Mr. Gary stated he would be willing to accept the compromise. Mayor Russo asked the City Attorney to research the legalities of the compromise. Councilwoman Monroe Councilwoman Monroe stated there were two items in the newspaper this past CITY COUNCIL REGULAR MEETING, 6119197 7 week that caused her concern. One was an ad for the Sports Authority that stated the facility was located in North Palm Beach. Councilwoman Monroe stated that she left a message for the manager. The other item was an article regarding the Gardens Mall and the action they have taken regarding the buses. Councilwoman Monroe felt the City Council should go on record opposing the action because that area was the closest the City had to a downtown. Councilwoman Monroe asked that a resolution be adopted at the next meeting. Vice Mayor Furtado stated that the District 1 Commissioner is actively meeting with the mall owners to try to settle the issue to everyone's satisfaction. The MPO will address the issue at their next meeting. Vice Mayor Furtado stated that by the Council's next regular meeting, the issue should be resolved. Mayor Russo stated that he would discuss the City's position with the District Commissioner so that the City will be part of the solution. Mayor Russo Mayor Russo stated that he, Councilman Jablin and the City Manager met with the Insurance Commissioner on Saturday. Mayor Russo stated that the Commissioner asked the City to talk to the legislators regarding a number of insurance issues. It was the consensus of the City Council to invite Sharon Merchant to attend a meeting of the City Council to discuss insurance concerns. Mayor Russo stated he attended a Municipal League meeting yesterday and brought a copy to each Council member of positions regarding the concurrency issue and the one -cent sales tax issue. CONSENT AGENDA Councilman Clark made a motion to approve the Consent Agenda, with the exception of Item 2, 5129197 City Council Regular Meeting Minutes. The motion was seconded by Vice Mayor Furtado and unanimously carried. CITY COUNCIL REGULAR MEETING, 6119197 S 5/29197 Minutes Councilwoman Monroe stated the amendments made to comments she made regarding the Campbell property in the 5/29/97 minutes were not what she stated and asked that the language be changed back to the what was there before the amendments. Councilwoman Monroe made a motion to approve the Minutes of the 5/29/97 Meeting of the City Council, as amended. Councilman Clark seconded the motion, which unanimously carried. PUBLIC HEARINGS: Resolution 65, 1997 There were no representatives in attendance regarding the Public Hearing for Resolution 65, 1997, amending a conditional use to allow 50 skill game -type machines and video games at the Space Station Alpha. Ordinance 20, 1997 Mayor Russo opened the Public Hearing, Mayor Russo stated that the City has been requested by residents to continue the hearing until a later date to allow them time to hire experts regarding traffic, etc. regarding this petition. Roy Allen of the Hunt Club, representing residents of communities surrounding the proposed Christ Fellowship Church, asked for a postponement of the Public Hearing until September, 1997. The reason for the request was because the communities have formed a single group and would like to hire a traffic consultant and a planning consultant for expert opinions regarding this petition. Mr. Allen stated that discussion re: compromise takes time and felt that there was a willingness from the Church to discuss pertinent issues. David Gregg, representing Christ Fellowship Church, stated that Reverend Mullins was not in attendance this evening because from the last meeting it was understood that the Public Hearing would be postponed to a date and time certain, CITY COUNCIL REGULAR MEETING, 6/19/97 0 with no discussion taking place. Mr. Gregg stated that the church is in opposition to the requested extension. Mr. Gregg stated the original application was submitted in April, 1996, and the petition went before DRC in October, 1996. The Planning and Zoning process was begun in November, 1996, and continued until April, 1997. The workshop process was begun with the City Council in May, 1997. Mr. Gregg stated that the residents that are stating they need more time were involved in the Public Hearing before the Planning and Zoning Commission and felt that 11 days before the planned Public Hearing on June 30, 1997, was short notice to postpone the petition. Mr. Gregg pointed out that the petitioner, as well as the City, mailed notification to residents regarding the date and time of the Public Hearing on June 30, 1997. Mr. Greg felt that if the Public Hearing was postponed after June 30, 1997, that some of the petitioner's experts, as well as City Council members, would have interfering vacation schedules. Mayor Russo stated that he has not heard any reason as to why the Public Hearing had to take place by June 30, 1997. Mayor Russo felt that the project could become a divisive project. Mayor Russo hoped that more time would allow the surrounding communities and the petitioner to compromise on key issues. Mayor Russo stated that this issue could be postponed until the next Regular Meeting of the City Council so that a specific date could be determined that would work for both sides. Councilwoman Monroe stated that the first week in August would be a compromise. Councilman Clark endorsed Councilwoman Monroe's suggestion, stating that from mid - August through the beginning of September he would likely be out-of-town. Vice Mayor Furtado stated mid - August to September she would be busy. Councilman Jablin stated he would be out -of -town the first week of CITY COUNCIL REGULAR MEETING, 6/19/97 10 August. Mr. Allen stated that a Public Hearing in August would not give the residents adequate time to prepare. City Manager Herakovich pointed out that budget hearings would be held on September 4 and 18, 1997. Mayor Russo suggested this Public Hearing be postponed until the first meeting in July (July 2, 1997) to give Reverend Mullins an opportunity to reply. Mayor Russo pointed out that this would also give the residents 2 weeks to hire experts to begin their studies. Mayor Russo stated that he has directed the City Manager to have staff research the definition of a community church. Councilman Jablin stated that he wanted to know about future expansion plans planned by the church. City Attorney Acton stated that there was a requirement in the City Code that notice of public hearing be given by the applicant to property owners within 500 feet of the property in question. Attorney Acton advised that a new notice would not be required to be sent by the applicant for the July 2, 1997, hearing nor would one be required for the subsequent meeting, which date would be determined at the July 2, 1997, meeting. Councilman Clark made a motion, seconded by Councilman Jablin, to postpone the Public Hearing re: Ordinance 20, 1997, until July 2, 1997, at approximately 7:30 P.M. The motion unanimously carried. Ordinance 21, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised 6/5/97 and held on the intent of Ordinance 21, 1997, providing for approval of the petition of Golf Estates Villas for rezoning of 1.45 acres. Kim Glas, Acting Planning and Zoning Director, stated that at the last meeting, the City Council expressed no concerns regarding this petition, except for notification CITY COUNCIL REGULAR MEETING, 6119197 I1 for future residents that their children were not guaranteed to attend local schools. Conditions of approval relative to the Council's concern have been incorporated into the Ordinance. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion, seconded by Vice Mayor Furtado, to place Ordinance 21, 1997, on second reading by title only, and for adoption. The motion was unanimously carried. Councilman Clark made a motion to revisit Ordinance 21, 1997, for purposes of considering the additional amendment. Councilman Jablin seconded the motion, which unanimously carried. Councilman Clark made a motion to approve the amendment to Ordinance 21, 1997. The motion was seconded by Councilman Jablin and unanimously carried. Councilman Clark made a motion, seconded by Councilman Jablin, to place Ordinance 21, 1997, as amended, on second reading by title only and adopted. The motion was unanimously carried. The Deputy City Clerk read Ordinance 21, 1997, by title only. Ordinance 23, 1997 Mayor Russo declared the Public Hearing opened, which was duly advertised 614197 and held on the intent of Ordinance 23, 1997, consideration of approval providing for an amendment to Section 66 -37 of Article II of the City's Code of Ordinances. Councilwoman Monroe stated that while she did not have a problem with a fee for home occupations, she did have a problem when the fee was higher than some other operations, such as a locksmith, when the nature of home occupations was that the business was low key. It was the consensus of the City Council to postpone this public hearing since the CITY COUNCIL REGULAR MEETING, 6119197 12 Finance Director was not in attendance to discuss the reasoning for the proposed home occupation fee. Councilman Clark made a motion, seconded by Vice Mayor Furtado, to postpone the Public Hearing for Ordinance 23, 1997, until the July 2, 1997, City Council Regular Meeting. The motion was unanimously carried. Ordinance 25, 1997 Mayor Russo announced that the Public Hearing for Ordinance 25, 1997, would be readvertised. Ordinance 26, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised 614197 and held on the intent of Ordinance 26, 1997, consideration of approval of a sign package for City Centre Planned Unit Development. Kim Glas, Acting Planning and Zoning Director, stated that the City Centre PUD was approved without a sign package because the City Council wanted samples of colors and materials. Ms. Glas detailed the proposed sign package, colors and materials. Ms. Glas stated that the City Council reviewed the proposed sign package at a previous meeting and expressed no concerns. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion, seconded by Vice Mayor Furtado, to place Ordinance 26, 1997, on second reading by title only, and for adoption. The motion was unanimously carried. The Deputy City Clerk read Ordinance 26, 1997, by title only, on second and final reading. RESOLUTIONS Resolution 66, 1997 Marty Minor, Principal Planner, reviewed the petition for an amendment to the site plan for the Westwood Gardens/Westwood Lakes Planned Unit Development located south of Hood Road and east and west of I -95, by modifying the CITY COUNCIL REGULAR MEETING, 6119197 13 elevations and access ways for 47 townhomes located on the east and west sides of Woodmill Drive. At the last Council meeting there was testimony given by the developers and the homeowners association. The homeowners association brought up the issues of certain amenities not being completed. Staff was directed to review the material and staff has met with the developers and the homeowners association in are effort to research this project regarding what amenities were put in and the ownership of those amenities. Staff has asked, and the petitioner has agreed, to make improvements, such as adding 7 laurel oaks north of the lake, 13 laurel oaks on the south side of Woodmill Drive, 8 laurel oaks /slash pines or hong kong orchids along the buffer of the newly rebuilt I -95 wall and the 4 mailbox enclosures. Staff also addressed guardrails along the lake, and further study of this issue with the City Engineer's Office, it was determined it was not an engineer requirement, but was part of the originally approved plan. Staff suggested that an entry feature should be constructed by the developer. Staff further suggested that all improvements agreed to by the petitioner should be completed before the construction of the proposed townhomes. Attorney Gary Brandenburg, representing the petitioner, addressed the Council stating that they have tried to reach a compromise as suggested by the City Council at the last meeting. Mr. Brandenburg stated that while the petitioner was not legally obligated to complete the improvements in Phase I of the development, the petitioner was pleased to complete the project. The only concern the petitioner had was the staff suggestion regarding the guardrail because the petitioner felt it was unwarranted. Carrie Podesta, resident of Westwood Lakes, addressed the City Council, CITY COUNCIL REGULAR MEETING, 6119197 14 representing the homeowners association, stated that the Council needed to understand the difference between a legal position and the interests of the homeowners. Ms. Podesta asked that the Council consider the interest of the residents when listening to the presentation this evening and voting on Resolution 66, 1997. Ms. Podesta reviewed code violations received by the development from the City of Palm Beach Gardens. Ms. Podesta asked that the following conditions also be placed on the approval of this petition: 1. Include language in the resolution, for code enforcement purposes, to make it clear that this resolution amends the existing 1989 site plan. 2. Require the petitioner to post bond for the conditions of approval. 3. Put a specific time limit on the site plan approval so the petitioner has an incentive to complete the project in a timely fashion. Mayor Russo stated that if the Council did not approve this project, the City would look to the Association to comply with any code violations that presently exist. Elena Escovar Elena Escovar, resident of Westwood Lakes, addressed the Council stating that she was against the proposed development as she felt that it would decrease her property value. Ed Lyon Ed Lyon, resident of Westwood Lakes, addressed the Council expressing his concern with the project, stating that the City would be exceeding the density allowed by the City's Future Land Use Plan and stating that the annexation agreement the City had with the County allowed only 46 dwelling units. Richard Mayorana Richard Mayorana of Westwood Lakes addressed the City Council and expressed his concern with the traffic flow of the proposed project. CITY COUNCIL REGULAR MEETING, 6119197 15 Ronny Sanchez Ronny Sanchez of Westwood Gardens addressed the City Council to express her concerns regarding the proposed project, stating that approval would result in problems in traffic and parking. Nancy Shamms Nancy Shamms, resident of Westwood Lakes, addressed the City Council to express her concerns with the proposed project. Ms. Shamms expressed concerns regarding traffic and safety of children. Councilman Clark stated he followed this project through the Planning and Zoning process, and recalled that there was an engineering reason why the access road was deleted, and that was the reason the site plan had been revised, not showing the dual access roads. City Engineer Lindahl stated it was not an engineering reason, but was to address the planning aspects of the landscaping and the asphalt that would go in front of the buildings that were originally approved. In discussions to achieve a modification to the asphalt abutting existing buildings, the revised site plan was more compatible with the City's LDRs. Vice Mayor Furtado stated that not only did the width of the roadways bother her, but the driveways were not staggered creating a safety concern. Gary Brandenburg, attorney for the petitioner, stated that this petition has been before the City for 2 years, and stated that per staff recommendations the access road and roadway plans were revised. Engineer Lindahl stated that the size of the proposed roadways are consistent with what has been approved in the City in the past as well as the County and surrounding municipalities. Attorney Brandenburg stated that the road was already platted, has been accepted and built by the County and accepted by the City when it was annexed into the CITY COUNCIL REGULAR MEETING, 6119197 16 City. The road meets the City's code requirements and has been dedicated. Attorney Brandenburg stated that if the City Attorney agreed that the item could be an amendment to the 1989 site plan, his client would not object, and did not have a problem posting bond for the improvements. The ordinance already included time frames, including how long the site plan approval was valid. Councilman Clark stated that the City was trying to make the best of a bad situation and felt that if the project was starting from scratch the design would be different and all concerns stated by the residents could be accommodated. Councilman Clark stated, given the constraints on what can be done, he was in favor of having the additional landscaping to improve the look. Vice Mayor Furtado stated she was opposed because of the traffic problems that would be caused by the narrow roadway and the location of the driveways. Councilwoman Monroe stated she was opposed to the project for the same reasons, stating that she was fiarther concerned with potential parking and safety issues. Councilman Jablin stated while he does not like the original configuration, he agreed with Councilman Clark that the City was trying to make the best of a bad situation. Mayor Russo stated he was concerned with safety issues, however, felt that the applicant should not be denied the access to his land. Attorney Brandenburg stated that if the Council preferred the original plan proposed by the applicant then that was what the petitioner would build. City Attorney Acton stated that there are some additional amendments that needed to be made to the resolution before the City Council. If the City Council was CITY COUNCIL REGULAR MEETING, 6/19/97 17 interested in the original plans presented by the petitioner, then the resolution would need even further amendments. Mayor Russo stated that consideration of this resolution would not be held until staff had the opportunity to review the additional plans and make the necessary amendments to the resolution. Resolution 67, 1997 Marty Minor, Principal Planner, stated this application requested an amendment to the approved site plan for PGA National Parcel M -3 for a modification to the approved floor plans and related adjustments to the building elevations. The petitioner also proposed screen enclosures for the rear patios. Two alternatives were proposed fbr screen enclosures, with the size dependent on the limits already approved by the Northern Palm Beach County Improvement District regarding the encroachment into the 20 foot water management easement that surrounded the project. Staff was concerned that there was a possibility of a 4th bedroom, complicating the already stressed parking conditions. To alleviate this concern, staff recommended a condition that only the units with two bedrooms on the second floor be allowed to have the option to convert the garage to a bedroom, library, breakfast room, pantry or laundry. Staff further recommended a condition that no screen enclosure be constructed outside of an individual's lot, and that Parcel M -3 shall have a zero rear yard setback for screen enclosures. Howard Ostrout, architect for the project, addressed the City Council detailing plans for the amendments. Councilwoman Monroe suggested that the petitioner ask Northern Palm Beach Water Improvement District to replat the land, showing the easement as only 12 feet wide. CITY COUNCIL REGULAR MEETING, 6119197 18 City Attorney Acton stated that the City Council is considering an amendment that would allow individual homeowners to construct part of their home on something that is other than their platted lot that they purchased. Attorney Acton stated that assuming the homeowners could get insurance to cover liability, there were two other options. One would be to have the area replatted and the other would be if the homeowner wanted a bigger patio, they would have to have a shorter home. It was the consensus of the Council that it would be better to have the site replatted. Regarding the amendment to allow the conversion of the garage, it was the consensus of the Council to keep staff's conditions. Mayor Russo stated that this resolution would be considered at the next regular meeting of the City Council on the Consent Agenda, once staff has met with the City Attorney and amended the resolution accordingly. Resolution 68, 1997 City Manager flerakovich stated that the Public Works Department wanted to consolidate their natural gas, diesel and gasoline refueling systems, Presently, the existing gasoline dispenser is near the entrance gate to the Public Works compound off of Burns Road. The natural gas dispenser is in the center of the Public Works compound, and the diesel dispenser is near the southern side and interior to the site. The proposal would make accessible all three systems together underneath a canopy outside of the Public Works fence approximately 70 feet west of the existing gas pumps along Burns Road. The Department was also proposing to increase the landscape screening. Councilwoman Monroe stated she was not in favor of parking City vehicles in the right -of -way, however, felt that if this was going to be done that an improved parking plan should be developed. Councilman Clark stated that the parking CITY COUNCIL REGULAR MEETING, 6/19197 19 problem at the Public Works facility exists regardless of this approval and felt that the Council should not delay the consideration of Resolution 68, 1997. Councilman Clark felt that the City Manager has received direction to work on a solution to the parking problems at the Public Works facility. Councilman Clark made a motion to approve Resolution 68, 1997, with the understanding that direction is also given to the City Manager to seek legal review as to whether the drainage easement can be used for parking, and that all efforts would be directed towards improving that situation. Councilman Jablin seconded the motion, which unanimously carried. Resolution 69, 1997 City Manager Herakovich stated that Resolution 69, 1997, reconvening the RV/Boat Task Force, was a technicality since the previous resolution that created the task force also was specific about the date of dissolution. The resolution reconvenes the task force for a limited time. Councilwoman Monroe asked that the second "Whereas" be amended to add "the intent of after the word "regarding and before "established" on the second line. Councilwoman Monroe made a motion to approve Resolution 69, 1997, as amended. The motion was seconded by Councilman Clark and unanimously carried. ORDINANCES Ordinance 31, 1997 Vice Mayor Fulrtado made a motion to approve Ordinance 31, 1997, for first reading. The motion was seconded by Councilman Jablin and unanimously carried. The City Attorney read, by title only, on first reading, Ordinance 31, 1997, providing for an amendment to Section 46 -32 of the City of Palm Beach Gardens Code of Ordinances, entitled "Membership and Qualifications". CITY COUNCIL REGULAR MEETING, 6/19/97 20 Ordinance 32, 1997 Mayor Russo stated he would not be voting on Ordinance 32, 1997, because he had a conflict of interest in that he had a financial interest in this project. Councilwoman Monroe stated that Council was to be provided with an update on consistency with the Comprehensive Plan, the Codes and Traffic Performance Standards, however, that had not been provided to Council. Councilwoman Monroe felt it was inappropriate to approve a time extension this far from the current deadline because the City did not know what types of changes would occur in the neat 12 months, such as traffic conditions, amendments to the City Codes, etc. Councilwoman Monroe stated that because of the above she would not be in favor of approving this petition at this time. Kim Glas, Acting Planning and Zoning Director, stated that the issue spurring the request for the time extension at this time, was the June 30, 1997, condition for completion of infrastructure. Ms. Glas stated that the developer was also asking for amendments to the site plan as well. Councilwoman Monroe stated she could support the amendments, but not the time extension. Councilman Clark stated that he found it hard to penalize a petitioner for coming to the City early when he realized there was a problem. Councilman Clark made a motion to approve Ordinance 32, 1997, for first reading, by title only, providing that the information required for the time extension be submitted to Council before consideration of second reading. The motion was seconded by Councilman Jablin and carried by a vote of 3 ayes and 1 nay, with Councilwoman Monroe casting the nay vote for reasons previously stated. The Deputy City Clerk read, by title only, on first reading, Ordinance 32, 1997, CITY COUNCIL REGULAR MEETING, 6119197 21 providing for an amendment to the Hidden Hollow residential Planned Unit Development, to allow for a time extension and modifications to conditions set forth in the Development Order, to construct 51 single family homes. CITY MANAGER REPORT City Manager Hlerakovich stated the budget calendar received by the City Council schedules a budget workshop for June 26, 1997. It was the decision of the City Council to hold the budget workshop meeting on June 30, 1997, at 6:00 P.M. Ms. Herakovich stated that staff came to a decision on the Growth Management Director, selecting Mark Hill, current Planning, Zoning and Building Director of the City of West Palm Beach. Mr. Hill would be starting with the City in late July. CITY ATTORNEY City Attorney Acton stated there was a pending case involving DeLuca doing business as Tees and Greens versus the City of Palm Beach Gardens. There were two matters pending, and on June 19, 1996, the 4th District Court of Appeals granted the City's motion to dismiss the second appealed filed by DeLuca and awarded the City attorneys fees. However, the calculated fees were approximately $5000 and it was felt that it would take close to that amount to collect the money. Another issue was on July 3, 1996, the plaintiff filed a motion for rehearing and the District Court of Appeals denied the motion. The City is now back in court, in theory, on a possible pursuit of the City's counterclaim against DeLuca, based one 1 -2 months of rent and some damage to equipment at the Golf Course, for a total estimated damage of approximately $3000 - $4000. However, because the plaintiff has fought the City at every stage thus far, the estimated cost of pursuing the claim is from $2000- $3000 +. The City Attorney recommended legal staff spend a minimum amount of time to ask for a minimum lump sum settlement on both matters to close this matter, and further recommended that the City not CITY COUNCIL REGULAR MEETING, 6119197 22 pursue a litigation strategy because of the costs involved. It was the consensus of the City Council to agree with the City Attorney's recommendation. ITEMS BY THE MAYOR AND CITY COUNCIL Vice Mayor Furtado Vice Mayor Furtado stated it was brought to her attention, regarding the high speed rail process, that no permitting would be needed by the local municipalities or the counties. A committee has been started known as DEBT (Derail the Bullet Train). The reasoning for the committee was an effort to change legislation and to become a part of the process. Members of the Council did not object to Vice Mayor Furtado serving on the committee. Vice Mayor Furtado, referencing a letter she received regarding a hatracking fine instituted by the Code Enforcement Board, stating that a local business should not be hit with such a high fine for a first offense. Vice Mayor Furtado asked that staff supply each member of the Council with a copy of the letter. Mayor Russo asked for a report on this case at the next meeting that would include the violation and the total fine. Vice Mayor Furtado stated that she was happy with the report on the Golf Course, however, questioned the potential of the golf course. Mayor Russo stated that Mr. Dubin explained that the City was effective last year and was excited that the City was over the projected rounds of play, given all the competition. It was decided that the Golf Course Manager should come to a future Council meeting to update the Council on the progress and future of the City's golf course. Vice Mayor Furtado stated that she received a report at the recent MPO meeting that showed improvement plans through the year 2002. The City had 4 projects on the plan, including one for further modifications to the PGA Bridge. CITY COUNCIL REGULAR MEETING, 6/19/97 23 Mayor Russo Mayor Russo stated that he met with Commissioner Marcus and learned that they are moving forward with researching the regional park issue. ADJOURNMENT There being no iftulher business to discuss, the meeting was adjourned at 11:23 P.M. FIX a9 t W ]il:1 CITY COUNCIL REGULAR MEETING, 6/19/97 23 Mayor Russo Mayor Russo stated that he met with Commissioner Marcus and learned that they are moving forward with researching the regional park issue. ADJOURNMENT There being no 'further business to discuss, the meeting was adjourned at 11:23 P.M. APPROVAL a oseph usso Vice Mayor Lauren W. Furtado Co [Li Monroe Conan Eric in Councilman David Clark ATTEST: Cindy Har4y, Deputy City ClerA' FORM 86 MEMORANDUM OF VOTING CONFLICT FOR COUNTY. MUNICIPAL. AND OTHER LOCAL PUBLIC OFFICERS 14-P S ®.A_ s —1_ L ,n.>4— -,— WHO MUST FILE FORM 98 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 112.313, 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 :ompleting ;he rc%erw side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elect i%e :uunty. municipal. or other local public office MUST ABSTAIN from %oting on a measure which inures to his special pri%ale 3ain. Each local officer also is prohibited from knowingly noting on a measure Ahich inures to the special gain of a principal (other than a government agency) b% whom he is retained. in either case. you should disclose the conflict: PRIOR TO THE COTE BERG TAKEN by publich stating to the a,,erttbly the nature of your interest in the measure on Ahich \ou are abstaining from noting; 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. -%PPOI`TED OFFICERS: -\ person holding appuinti�e :ounty. municipal. or other local public office `1L:ST ABSTAIN from \-otine on a measure which inures to his special pri%ate gain. Each local officer also is prohibited from knowingly %oting on a measure -hick 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 hefore making am attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH AE VOTE WILL BE TAKEN: u 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 "orm ,hould be provided immediately to the other members of the agency. I• The form ,huuid he read ptinlicly if the meeting prior to consideration of the matter in •.4hich you have a conflict of interest. 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. Q DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on (' k . 19 (a) A measure came or will come before my agency which (check one) inured to my special private gain. or inurcd to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: Date Filed by whom 1 am retained. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985). A FAILURE TO MAKE ANY REQUIRE' 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. REPRIMa►ND, OR A CIVIL PENALTY NOT TO EXCEED 55,000. cE FOAM 48 . 1 .6t iAGa :