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HomeMy WebLinkAboutMinutes Council 091696CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING SEPTEMBER 19, 1996 The September 19, 1996, Regular Meeting of the City Council of the City of Palm Beach Gardens 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 ANNOUNCEMENTS 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. Mayor Russo stated that the announcements were as posted on the City's bulletin boards and listed on the agenda. 1996/1997 FISCAL YEAR BUDGET Mayor Russo opened the Public Hearing for the 1996/1997 Fiscal Year Budget. Finance Director Kent Olson discussed the millage rate, stating that the rate was set at 3.9147 as set forth in the Resolution to adopt the millage rate. Mr. Olson stated that this rate was 0% over the rolled -back rate and stated there was no increase proposed in the millage rate for the 1996/1997 Fiscal Year Budget. CITY COUNCIL REGULAR MEETING, 9/19/96 Mayor Russo asked for any public comments regarding the 1996/1997 Fiscal Year Budget. There were no questions from the public. Resolution 127,1996 A motion was made by Vice Mayor Furtado to approve Resolution 127, 1996, levying a tax of 3.9147 mills on non - exempt real and personal property located within the corporate limits of said City for the year ending 12/31/96. The motion included the blanks be filled in to read "3.9147" and "0 % ". The motion was seconded by Councilman Jablin and unanimously approved. Assistant City Attorney Paul Golis read Resolution 127, 1996, in full. Ordinance 17,1996 Mayor Russo stated that Ordinance 17, 1996, was a public hearing for adoption of said ordinance. There being no comments from the public regarding Ordinance 17, 1996, Mayor Russo declared the Public Hearing closed. Vice Mayor Furtado made a motion to adopt Ordinance 17, 1996, and to place it on second and final reading, by title only. Councilman Jablin seconded the motion, which was unanimously carried. The Deputy City Clerk read Ordinance 17, 1996, levying a tax on real and personal property located within the corporate limits of the City of Palm Beach Gardens, Florida for the year ending 12/31/96; affixing a total valuation thereon and tax rate thereon for said year; adopting a fiscal budget for the fiscal year beginning 10/1/96 and ending on 9/30/97, inclusive; P CITY COUNCIL REGULAR MEETING, 9/19/96 appropriating funds for expenditures; providing for the repeal of ordinances in conflict herewith; and, providing for an effective date. Ordinance 17, 1996, was read by title only. PRESENTATIONS Jim Kreidler Fire Chief Ed Arrants made a presentation of the City's Life Saving Award to Corporal Jim Kreidler. Chief Arrants stated that on the evening of 8/24/96 there was an accident at the intercoastal bridge on PGA Boulevard and Corporal Kreidler cleared the passage way of a passenger in a collision, after which the passenger was airlifted in Traumahawk, helping to save this passenger's life. Mayor Russo congratulated Corporal Kreidler on behalf on the City Council and residents of the City. AWARDING OF BIDS Irrigation System City Manager Herakovich stated that staff received and reviewed bids for the irrigation system for the softball fields at PGA Park, as advertised 8/23/96 and opened 9/11/96. Staff recommended the awarding of the bid to the lowest bidder, DeKeyser Irrigation of Palm Beach Gardens in the amount of $15,950.00 to be funded from the current fiscal year budget. Councilwoman Monroe made a motion to approve staff's recommendation, seconded by Vice Mayor Furtado. The motion was unanimously carried. Mayor Russo acknowledged that the City received a C CITY COUNCIL REGULAR MEETING, 9/19/96 letter from someone objecting to this award due to the fact that Mr. DeKeyser was in a public position with the City. Mayor Russo stated that Mr. DeKeyser is a member of the Palm Beach Gardens Youth Athletic Association, a private group, and has no position with the City. Gang Mower City Manager Herakovich stated this was a bid for a gang mower, as advertised 7/29/96 and opened 8/21/96. Staff received and reviewed 2 bids and recommended the bid be awarded to the low bidder, Land Pride in the amount of $20,350.00 to be funded from the current budget. Vice Mayor Furtado made a motion to approve staff's recommendation for the awarding of the bid for the gang mower. Councilman Jablin seconded the motion, which was unanimously carried. Property & Casualty and Insurance City Manager Herakovich stated that the City is currently under contract with the Florida League of Cities to provide for property and casualty insurance. The League has been able to offer the City premium credit by combining different policies and Mrs. Herakovich stated that staff was recommending continuation with the Florida League of Cities to provide the City's property and casualty insurance in the amount of $253,304.00 for the upcoming fiscal year beginning 10/1/96. Mrs. Herakovich stated this was a decrease in the annual premium of 2.8 %. Councilman Clark 4 CITY COUNCIL REGULAR MEETING, 9/19/96 made a motion to approve the staff recommendation, seconded by Councilwoman Monroe. The motion was unanimously carried. Workers Compensation Insurance City Manager Herakovich stated that staff received 3 proposals for the City's Workers Compensation Insurance and recommends the bid be awarded to the low bidder, Florida League of Cities, in the amount of $391,413.00. Councilman Clark made a motion to approve staff recommendation for Workers Compensation Insurance, seconded by Councilwoman Monroe. The motion was unanimously carried. Motorola Radio Equipment City Manager Herakovich stated that the City Council has previously approved a contract with Motorola for radio equipment and to be able to purchase the equipment staff bid the fmancing of the equipment. The City has received a low bid from SunTrust with an interest rate 4.99% and staff recommended that the City Council approve the financing. Councilwoman Monroe made a motion to approve staff's recommendation, seconded by Councilman Clark. The motion was unanimously carried. k, CITY COUNCIL REGULAR MEETING, 9/19/96 ITEMS BY MAYOR AND CITY COUNCIL THAT REQUIRE ACTION Vice Mayor Furtado Councilwoman Lauren Furtado stated that she attended a meeting of the Metropolitan Planning Organization today, along with the Florida Department of Transportation. They were able to move the PGA flyover up 3 years and the public hearing will be the beginning of next year instead of 1998. The MacArthur Foundation has worked well with FDOT regarding right -of -way, etc., and Vice Mayor Furtado stated that all the powers that be have had input over the last several months. Vice Mayor Furtado stated she had a letter that she would give to the City Manager to copy to the rest of the Council from the FDOT referencing meetings they have had regarding the flyover. Vice Mayor Furtado stated that the important part of this was that it also entailed installing the permanent sound barrier walls with the project. Vice Mayor Furtado suggested a Ietter from the Council acknowledging the progress in these projects as well as a letter to Ed Healey who played an important role. Vice Mayor Furtado felt that letters should be sent to the FDOT, MPO and the MacArthur Foundation thanking them for the progress on these important projects. Vice Mayor Furtado reported that another important issue on the MPO agenda was the Turnpike Interchange, and added that this issue was 6 CITY COUNCIL REGULAR MEETING, 9/19/96 important to the residents in PGA National in that it would put to permanent rest the problem of Jog Road. Vice Mayor Furtado stated that the MacArthur Foundation now supports the Turnpike Interchange at Northlake Boulevard. Mr. Ecclestone has paid for the feasibility study that took care of environmental issues. Vice Mayor Furtado reported that the tight diamond design of the interchange would not negatively impact BallenIsles and described the proposed earth walls, with the Turnpike building located in the center of the cloverleaf on the southwest corner. Vice Mayor Furtado stated that Mr. Ecclestone agreed to the Turnpike entrance on the western side aligning with the Commerce Park entrance. Vice Mayor Furtado stated that the City had to approach the MacArthur Foundation regarding the property needed and requested that a letter be sent to that effect, pointing out that the MPO would be sending them a letter as well. Vice Mayor Furtado asked that CAN also send a letter to MacArthur. Mayor Russo stated there were a number of people in PGA National that did not want the Turnpike Interchange on Northlake Boulevard, even though it's something that has always been projected. Vice Mayor Furtado stated that there were 8 different concepts that she reviewed and the one that she has been discussing had virtually no impact. Vice Mayor Furtado stated that the two projects that have consistently CITY COUNCIL REGULAR MEETING, 9/19/96 shown the greatest impact on CRAWLS on PGA Boulevard and Military Trail was the interchange and the flyover. Mayor Russo wanted assurance that the Turnpike Interchange would do away with the need for Jog Road to go through PGA National so that the residents could be given that information. Vice Mayor Furtado stated that until more ingresses and egresses were provided on the Turnpike the problem with trucks on I -95 would continue. It was the consensus of the Council to discuss this issue at the end of the agenda under Items by the Mayor and City Council. Vice Mayor Furtado pointed out that County Commissioner Karen Marcus stated that if the Turnpike Interchange at Northlake Boulevard became a reality she would agree that there would be no need to put Jog Road through PGA National. Councilwoman Monroe asked when the permanent sound barrier walls would begin to be built along I -95, and Vice Mayor Furtado stated they were originally planned for 2005, however, being a 5 -year project to completion, the project would be completed by the year 2002. Vice Mayor Furtado stated that this included the flyover, the widening, and the sound - barrier walls. Vice Mayor Furtado added that if the project was approved at the public hearing in 1997, it would start immediately. 8 CITY COUNCIL REGULAR MEETING, 9/19/96 COMMENTS FROM THE PUBLIC Tony Anthony Tony Anthony, resident on Holly Drive, addressed the City Council regarding his dissatisfaction with the work done on Holly Drive. Mr. Anthony stated he met with Public Works Director Bob Patty and Assistant City Manager Greg Dunham regarding his concerns, however was not satisfied with that meeting. Mr. Anthony stated that the City did not notify residents on Holly Drive that the work was going to take place. City Manager Herakovich stated that several task force meetings were held and letters were sent to the residents along Holly Drive. Mayor Russo felt that this was an excellent point and stated that the proposed Community Affairs position could handle these types of situations. Mr. Anthony stated that the Public Works Director has not been able to show him in writing where the curb in front of his house was illegal, however, when he returned from a three week vacation it was torn out and put on his driveway. Mr. Anthony expressed his dissatisfaction with the communication that the City has with residents along Holly Drive. Mr. Anthony stated that he has video taped various problems that have occurred during the Holly Drive project and invited the City Council to call him to view this video. Mayor Russo requested Mr. Anthony give his written concerns to the 6 CITY COUNCIL REGULAR MEETING, 9/19/96 City Manager for her response and asked that the City Council receive a copy of Mr. Anthony's letter and the City Manager's response. Linda Huey Linda Huey, resident of Palm Beach Gardens, addressed the City Council and stated that she was Co- Chairman of the RV/Boat Task Force Committee. Approximately 5 -6 weeks ago Building Official Jack Hanson called her and asked her to contact the members of the Committee to get the word out to rv/boat owners regarding the stickers. The Committee had stated that this information would be put out in a City publication of the CityLine, however, the last two issues have not included information on this issue. Ms. Huey expressed her dissatisfaction that this information has not been sent to the residents and hoped that this information would be given out as early as possible. Ms. Huey further expressed her dissatisfaction with the time the City Council was giving to non - residents who were objecting to the proposed Communication Towers. Mayor Russo stated that residents of the City as well as those that are neighbors had rights and the process the City Council has been going through regarding the Communication Towers protects people and gives them the opportunity to voice their concerns. Mayor Russo also stated that the City Council has been going through the process in an effort to protect the rights of individuals as well as the City. 10 CITY COUNCIL REGULAR MEETING, 9/19/96 Councilwoman Monroe stated that in terms of jurisdictions, the County has protected the City in the past and the City has an obligation to be a good neighbor to surrounding communities. Councilwoman Monroe stated she too was disappointed that the residents have not been notified regarding the rv/boat stickers. City Manager Herakovich stated that Code Enforcement has done the best they could in trying to identify boat and ry owners in the City. City Manager Herakovich stated that a letter has been written to the residents and would be going out very soon. Councilwoman Monroe stated that the Task Force worked very hard to develop a time frame and the City Council adopted that time frame. Councilwoman Monroe stated that she would rather staff come back to the City Council if that time frame could not be accomplished. It was pointed out to Ms. Huey that people would not be penalized if they do not receive the notification in a timely manner. Mayor Russo pointed out that students from the American Government Class of Palm Beach Community College were in attendance this evening and welcomed them to the meeting. CONSENT AGENDA Vice Mayor Furtado requested Item 3 of the Consent Agenda, Approval of 11 CITY COUNCIL REGULAR MEETING, 9/19/96 the City Council 9 /5/96 Regular Council Meeting Minutes be pulled from the agenda as an item from that agenda was not included in the minutes. Councilwoman Monroe requested that Item 5, Resolution 143, 1996, consideration of approval of simultaneous processing of applications, be pulled from the agenda for discussion. Councilman Clark made a motion to approve the Consent Agenda, less Items 3 and 5, seconded by Councilman Jablin. The motion was unanimously carried. The following items were approved on the Consent Agenda: 1. Approval of City Council 8 /20/96 Regular Council Meeting Minutes. 2. Approval of City Council 8 /26/96 Special Regular Meeting Minutes. 4. Proclaiming the month of September, 1996 as "Sickle Cell Awareness Month ". 6. Resolution 146, 1996 - Approval of an amendment to the Interlocal Agreement between the County and the City for automatic aid. 7. Resolution 147, 1996 - Approval of an amendment to the Interlocal Agreement between the County and the City for Dispatch Services. PUBLIC HEARINGS Ordinance 16,1996 Mayor Russo declared the Public Hearing open on Ordinance 16, 1996, amending Ordinance 24, 1995, same being the Budget Ordinance of the City of Palm Beach Gardens for the Fiscal Year beginning 10/1/95 and ending 9/30196, inclusive. There being no comments from the public, Mayor Russo closed the Public Hearing. 12 CITY COUNCIL REGULAR MEETING, 9/19/96 Councilwoman Monroe made a motion to place Ordinance 16, 1996 on second reading, by title only, and for adoption of same. Councilman Clark seconded the motion, which was unanimously carried. The Deputy City Clerk read, by title only, Ordinance 16, 1996. Resolution 144,1996 Mayor Russo stated that Resolution 144, 1996, was for consideration of approval of an amendment to Frenchman's Creek DRI. Mayor Russo declared the Public Hearing open. City Planner Kim Glas addressed the City Council and stated that this was a minor amendment to the DRI master plan to provide an emergency vehicle access from Flamingo Road. Ms. Glas stated that this was a public hearing as it had to be reviewed by Treasure Coast Regional Planning Council and the Department of Community Affairs. Ms. Glas pointed out that the DCA stated they would have no comments and would not issue a letter regarding this issue. Ms. Glas stated this is not a substantial deviation to the DRI, but considered a minor amendment for the emergency access. There was a discussion on why an emergency entrance was not originally included on AlA, and Assistant City Manager Dunham stated that the emergency access there was not a through road, but led only to the maintenance sheds. 13 CITY COUNCIL REGULAR MEETING, 9/19/96 Mr. Julio Dumas addressed the City Council on behalf of the Homeowners Association of Frenchman's Creek and stated at one time this location had a construction entrance, however, FDOT would not permit a turn-out into the development at that time. The developer was given temporary access for construction purposes only, but had a specific time that the access had to be closed. Mr. Dumas gave a brief history of the requests and internal problems in the past for this emergency access. Councilwoman Monroe stated that it seemed like the location on the Alternate AIA side was the fastest way to access an emergency in the Frenchman's Creek development and felt that having to go all the way over to Prosperity Farms Road and then come back would create a problem. Councilwoman Monroe felt that impacting on the southwest side would be more efficient for the safety of the residents in this community. Mr. Dumas stated that on the southeast corner of Frenchman's Creek there were no immediate residences. In response to Councilwoman Monroe, Ms. Glas stated that the City's Fire Department had no comments on the requested amendment. Councilwoman Monroe stated that per the City's Interlocal Agreement, the County would be the first to respond to this community. There being no comments from the public, Mayor Russo declared the 14 CITY COUNCIL REGULAR MEETING, 9/19/96 Public Hearing closed. Vice Mayor Furtado made a motion to approve Resolution 144, 1996, seconded by Councilman Jablin. Councilman Clark felt that it was a great idea to have an emergency access and that the area on Flamingo was fine, however, pointed out that there has been a concern expressed by The Sanctuary Homeowners Association that it not become a service entrance and that the use not be expanded. The motion was unanimously carried. RESOLUTIONS Resolution 139,1996 Mayor Russo stated that the City Council heard from staff and had a presentation regarding Resolution 139, 1996, at the 9/3/96 meeting and asked if the attorney for the petitioner had any addition information he would like to add. Attorney Steve Mathison addressed the Council and stated that the two neighbors have not settled on an agreement. Attorney Mathison stated he represented Mr. and Mrs. Harvey Kalt, petitioners, and pointed out that this resolution was for a waiver or variance to the City's code requirements for a 7.5 foot sideyard setback. Attorney Mathison stated that this was not a matter whereby the house or structure encroaches over a property line, but was a sideyard setback, where the least variance would be approximately nine inches in front of 15 CITY COUNCIL REGULAR MEETING, 9/19/96 the house and at it's maximum variance would be two feet at the back of the house. Attorney Mathison felt that every element necessary to establish what a variance would be was present in this case and clearly stated. Attorney Mathison stated that this was a very minor sideyard setback and felt that these types of variances were common in the City. Attorney Mathison stated that this matter is before the Council for a variance because the two neighbors have a dispute regarding money damages which may or may not arise out of the slight encroachment of the sideyard setback. Attorney Mathison stated that while the house is 95% completed, Mr. and Mrs. Kalt cannot occupy this home because the construction cannot proceed forward until the City Council makes a decision regarding the setback variance. Attorney Mathison stated that at the request of the City Council at the 9/5/96 meeting, Mr. and Mrs. Kalt agreed to wait until this evening for the decision in order to accommodate the neighbor's request to obtain legal counsel to resolve this matter. Attorney Mathison stated that he wrote a letter to the neighbor encouraging him to seek legal counsel and unfortunately received a letter from an attorney yesterday stating that he did not have the time between yesterday and this evening to fully review the matter and properly represent the Kalt's neighbor in negotiating a 16 CITY COUNCIL REGULAR MEETING, 9/19/96 resolution to this matter. Attorney Mathison stated that this Council and Mr. and Mrs. Kalt have gone out of their way to provide additional time for the neighbor to get legal counsel and asked that the Council proceed with approval of Resolution 139, 1996, and asked that the Council not take sides with either neighbor. Attorney Mathison asked the City Council to approve this Resolution tonight based on the facts and evidence placed in the record at the last meeting, and pointed out that the Council is only hearing this to make a zoning decision and not a money damage decision. Attorney Tom Yeager, representing Mr. and Mrs. Witcom, addressed the City Council stating that he would not agree to a variance on behalf of his clients. Attorney Yeager felt the City Council should not be pressured to make a decision based on someone else's mistake. Attorney Yeager stated that this was a preventable error and felt that Mr. and Mrs. Kalt had remedies available to them through their builder and surveyor when the mistake was made. Attorney Yeager stated that his clients do not want a money judgement, but want what they bought .... a house in a subdivision with known setbacks approved by the City Council. Attorney Yeager stated that Mr. and Mrs. Kalt were advised in February, 1996, that their building encroached on the neighbor's property, however, they did not stop construction at that time. The builder waited until August, 1996, to 17 CITY COUNCIL REGULAR MEETING, 9/19/96 approach the City once the house was built. Attorney Yeager pointed out that when either neighbor sells the house they would have to point out this problem to any potential buyer. Attorney Yeager stated that this problem was self - imposed and could have been stopped in February, 1996. Attorney Yeager stated that he would be agreeable to delaying the City Council decision regarding the variance in an effort to attempt a settlement, however, if the Council decided to proceed this evening he would ask that they deny approval of the variance. Mayor Russo stated that he had a problem with Attorney Mathison stated that there are variances throughout the City. Mayor Russo asked that the Building Department report back to the City Council on the number and types of variances that have been approved by the City. Mayor Russo stated that he visited the site and stated that the lots are an odd shape. Mayor Russo asked the City Attorney to comment on what the City Council needed to do this evening regarding this request. Assistant City Attorney Paul Golis stated that he advised Attorney Mathison that this was not a variance procedure, but was a site plan amendment as referenced in the resolution. Attorney Golis stated that in the event there is a determination made by the City Council that a variance is warranted, there are certain criteria in the City Codes that discusses what 18 CITY COUNCIL REGULAR MEETING, 9/19/96 the Council could consider in granting a variance. Attorney Golis stated that if the Council denied the site plan amendment, something would have to be worked out between the parties. Mayor Russo stated that he found this situation very difficult because the Council was to protect all residents. Councilwoman Monroe stated that per the staff report, the form board survey was done on 10/5/95 and a second survey was conducted on 2/28/96 when the residence was 90 percent complete. Councilwoman Monroe asked how staff knew the residence was 90% complete in February and if the City was made aware of this discrepancy at that time. City Planner Marty Minor stated that the 90% figure came from the petitioner and the City was made aware of the situation in August, 1996. Attorney Mathison stated that the survey in February, 1996, stated that the house was where it was suppose to be (7.5 feet off the property line), however, there was a dispute between the two neighbors as to some trees in that location in early 1996. Mr. Witcom had the property surveyed and discovered that not only were the trees on his property, but that the house was not set back properly. Attorney Mathison stated that he notified the City's Building Department in February, 1996, about the problem, and verified that the house was 90% complete at that time. It was then decided 19 CITY COUNCIL REGULAR MEETING, 9119196 that the only solution to the problem was to bring the matter before the City Council. Attorney Mathison stated that no approvals or permits were issued between February, 1996 and August, 1996, and the exterior of the house has not been completed. The interior of the house was brought along in the building process, thereby producing a house that is now 95% completed. Mr. Witcom addressed the City Council and stated that the status of the house in February, 1996, was that the cindar block walls were up and the strut ties on the roof were being put installed, however, the walls were not closed in and the inside of the house was not being worked on. Councilwoman Monroe stated that the City's Building Department staff should be available to present inspection history and pointed out that she would like to know what the last inspection in February was for and what date it was done. Councilman Jablin felt that the City Council had to make a decision as to whether the house is tom down or a variance is granted. Councilman Jablin felt that if the City Council wanted to have an investigation as to the dates inspections occurred and why that was a separate issue than what was before the Council this evening. Attorney Mathison pointed out that the City Council was not to decide 20 CITY COUNCIL REGULAR MEETING, 9/19/96 money damage issues, but only the variance to the sideyard setback, and felt that his clients deserved a decision this evening. Mayor Russo stated he was concerned with the legal position that the City was in regarding this issue and pointed out that the Council had to make a decision based on the facts presented. Mayor Russo stated he did not want the City to become entangled in lawsuits and pointed out that at the last meeting the City Council attempted to try to get the two neighbors to a point of solution between themselves. Attorney Golis stated that if the Council was discussing a variance there would be seven factors for the Council to consider as indicated in the City's Code. Attorney Golis reiterated the fact that this was not a variance procedure, but the consideration of an amendment to a site plan as the zoning is in place. There were errors made, however, that was not the issue for the Council to consider. The issue for the Council's consideration was whether or not there would be an amendment to the site plan for this development. Attorney Golis stated that once the Council made a decision the two neighbors would have to decide what their next step would be in resolving the situation. Attorney Golis stated that if the Council were discussing straight zoning and the Codes could not be met, then a variance would be requested, however, Attorney Golis felt the issue 21 CITY COUNCIL, REGULAR MEETING, 9/19196 was whether or not the City had Code criteria that a PUD would be in place that would be enforced by the City. Attorney Mathison stated that by the strict requirements of the Code this would be an amendment to a PUD and that through the mistake of a surveyor an extreme hardship has been caused because the owners cannot move into their home. Councilwoman Monroe stated that the City Council is frequently asked to change setbacks within these variances PODs, but invariably these are in instances where the lots have not been built on and does not affect anyone. Councilwoman Monroe felt that while the amount of the setback may seem minor to some, it may not be minor to another. Councilwoman Monroe stated that there was harm, however, the City Council should not get into the harm or how much harm has been done. Councilman Clark stated that he saw this as a choice two a couple of hardships. Councilman Clark stated that if the Council denied the site plan amendment, leverage is given to one side which could result in the house being torn down and rebuilt. Councilman Clark felt that this would then cease to be a damages dispute and become something more personal and long lasting. If the Council approved a site plan amendment, the house would be left in place and such approval would not impact the 22 CITY COUNCIL REGULAR MEETING, 9/19/96 ability of the adjoining landowner to obtain damages from the surveyor. Councilman Clark felt the latter approach would be the superior solution, and asked the City Attorney if the Council decided to grant the site plan amendment being requested was there potential liability on the part of the City. Attorney Golis stated that the options before the City Council are to either approve or deny the site plan amendment. If approved and detriment is given to the person who is trying to enforce their existing setbacks, the City could possibly be liable. If a sufficient record is established and a basis is established on the record for the decision of the City Council, this would be a legislative decision of the City Council. The court would decide if the City was liable based on the legislative decision of the City Council. Councilman Clark felt that the City Council had all the facts needed to make a decision, even though they would like more information to determine how the mistake occurred. Attorney Mathison stated he would be happy to work with City staff to develop a mechanism for mistakes before they get too far. Councilwoman Monroe stated that she felt the City Council's decision should be based on what the residence looked like in February according to City records and what kind of hardship it might have been to correct the 23 CITY COUNCIL REGULAR MEETING, 9/19/96 hardship at that time. Vice Mayor Furtado stated that she agreed with Councilwoman Monroe and felt that in February, 1996, this could have been prevented. Councilwoman Monroe and Vice Mayor Furtado stated they were not prepared to vote until they had a report from staff as to the status of the residence in February, 1996. Mayor Russo stated that he went out and looked at the properties and thought that on the evaluation of the request the facts that need to be presented need to show actual impact. Mayor Russo pointed out that if a decision was made this evening it should not be made on whether someone made a mistake, but must be a decision to change a site plan that would not affect anybody. Mayor Russo felt that the fact that someone made a mistake was not enough justification to vary a PUD. Councilman Clark stated that he understood Councilwoman Monroe and Vice Mayor Furtado's position, however, felt that this needed to be decided tonight so that the neighbors could go on with their lives since there was an avenue for a remedy for money damages. Councilman Clark made a motion to approve Resolution 139, 1996, seconded by Councilman Jablin. The motion was approved by a vote of 3 ayes and 2 nays, with Vice Mayor Furtado and Councilwoman Monroe 24 CITY COUNCIL REGULAR MEETING, 9/19/96 casting the nay votes for reasons previously stated. Resolution 143,1996 Councilwoman Monroe stated that she was concerned that the City Council did something in the past do help staff prevent doing something with the simultaneous processing and the idea being that if you do not know what the City Council will decide on one development order you may be wasting staff time by processing the second development order. Councilwoman Monroe stated that she was told this would be done on a case by case basis and the City Manager would be the one to make the determination. Councilwoman Monroe felt that doing these on a case by case it would set a precedent and it put the City Manager or designee in a bad position. Councilwoman Monroe felt that the language contained in Section 1, paragraph 2, stating that she could not imagine when a development order was not dependent on policy issues determined by final action of the City Council on the comprehensive plan amendment, DRI, PCD, or PUD, or an amendment thereto. Mayor Russo felt the Council would want to see the whole project and not just part of it at a time. Mayor Russo felt that this Resolution would get the whole process before the Council at the same time for their consideration. Using the Publix at the Promenade Plaza as an example, Councilwoman 25 CITY COUNCIL REGULAR MEETING, 9/19/96 Monroe stated that when that PCD was approved, the Council did not have all the plans before them, but were asked if certain concepts were right for a particular location. Councilwoman Monroe questioned allowing simultaneous processing of applications on a case by case basis, stating that either the City will allow everyone to do this procedure or face the possibility of setting a precedent that could be used by other projects. Councilwoman Monroe asked that the language that stated "not dependent on policy issues determined by a fmal action of the City Council' could be tightened up so the intent would be more clear. Councilman Clark felt the language should state that the decision was discretionary with the City Manager and is subject to the City Council action on the whole package. City Attorney Golis stated he believed there should be objective criteria that exists so that the City Manager knows exactly what kind of parameters she had to work with when she is making that determination if the Council decides to give that discretion to the City Manager. Councilwoman Monroe suggested postponing Resolution 143, 1996, for 2 weeks to have an opportunity to work on the wording. Attorney Steve Mathison, representing the Golf Digest Development, introduced Jack Mathis, Project Manager for the golf portion of the overall property, and 26 CITY COUNCIL, REGULAR MEETING, 9/19/96 Mr. Chuck DeSanti, Planning Consultant for Golf Digest. Mr. DeSanti stated the timing on this issue is critical, however, did not feel a 2 week delay would pose any problems. Mr. DeSanti stated that the project has been funded by the New York Times Company that owns Golf Digest and there is a mandate to get this project in the ground by next summer. Mr. DeSanti stated this Resolution has been requested in an effort to bring to the Council the core of the project, which is the green space and to lock that in perpetuity. If this is approved the Council would be locking in the open space, wetlands, drainage and Golf Digest facilities. Mr. DeSanti felt that this would provide the Council with the security as they finalize any remaining POD developments within the PCD. Mayor Russo did not want to prolong the process for any future resident of the City, and felt that the City owed the future residents to help the process and not cost them a lot of money needlessly. It was the consensus of the City Council to postpone Resolution 143, 1996, until the October 3, 1996, agenda to develop more acceptable language. Resolution 145,1996 City Planner Kim Glas stated that Resolution 145, 1996, was for approval of a site plan for Frenchman's Creek Emergency Access at the southeast corner of the development. Ms. Glas stated that the development is 27 CITY COUNCIL REGULAR MEETING, 9/19/96 putting in additional landscaping and the plans have been reviewed by the Engineers and the Fire Department for appropriate grades and radius. Ms. Glas stated that the Council had a revised Resolution 145, 1996, this evening for consideration of approval, with an added condition. Vice Mayor Furtado made a motion to approve Resolution 145, 1996, seconded by Councilman Clark. The motion was unanimously carried. ORDINANCES Ordinance 18,1996 City Planner Marty Minor explained that this was a PUD on the southwest corner of PGA Boulevard and U.S. Highway 1 that was approved in 1986 for 180,000 square feet of office space, 117,500 square feet of retail and a 30,000 square foot health club. Mr. Minor stated that since the original approval, the 22,250 square foot southern retail building was constructed, however, nothing else has been constructed on this site since that time. Mr. Minor stated that the time extension approval expired on 7/7/96 and the petitioner submitted an application for an additional time extension for this PUD on 7/3/96. Mr. Minor stated that during this time the City adopted Ordinance 15, 1996 which revised the "Effective Period of Development Orders" section of the Land Development Regulations and now requires the petitioner to address certain criteria for the Council to determine if a "good faith" effort by the developer to complete the project 28 CITY COUNCIL REGULAR MEETING, 9/19/96 in the allotted time. Mr. Minor stated that the applicant is proceeding, at its own risk, concurrently with an amendment (known as the City Centre PUD) to this Planned Unit Development. The amendment to the PUD will not be decided upon until after the disposition of the time extension petition. Mr. Minor stated that the justification for the criteria for approval of a time extension was in the Council package, however, noted that staff discovered a discrepancy in the traffic report and the petitioner has submitted a revised report that is being reviewed. This review will be completed by the time the Public Heairng is held on this request. Councilwoman Monroe did not feel that the staff report was written to cover the issues in the Ordinance and felt that it should include if it was consistent with the development regulations, which she stated it was not. Councilwoman Monroe felt that the ordinance should include whether the plans met performance standards, however, at this time it could not be determined because the plans have not been reviewed by the City Council. Councilwoman Monroe did not believe that approving a time extension had anything to do with any potential development order. Councilwoman Monroe felt that staff should include what has been done to the property according to official records of the City. f►I'9 CITY COUNCIL REGULAR MEETING, 9/19/96 Councilwoman Monroe made a motion to approve Ordinance 18, 1996, for first reading, by title only. Councilman Clark seconded the motion. Vice Mayor Furtado stated that she did speak to the owner of the property, but it in no way affected her vote. The motion was unanimously carried. The Deputy City Clerk read Ordinance 18, 1996, consideration of approval of City Centre (f/k/a Oakbrook Corporate Centre) Vested Rights Determination and Time Extension, by title only. Ordinance 19, 1996 Vice Mayor Furtado stated that she is the liaison to the Recreation Advisory Board and had some comments regarding Ordinance 19, 1996, amending Section 46 -33 of Article II of the Palm Beach Gardens Code of Ordinances entitled "Recreation Advisory Board. Vice Mayor Furtado stated that it has occurred to her that the Board is not functioning to the best of its potential. When the Board was given a specific task, such as the parks ordinance, they did a phenomenal job. Vice Mayor Furtado stated that in this stage of the City's growth she did not feel the Board had to meet every month and should meet once every couple of months if there was not a specific task to perform. Mayor Russo stated he was the liaison to the Recreation Advisory Board for a number of years and felt that when the City was smaller there was more of a need for this advisory board, however, staff now does what the Board did when it was started. Mayor 30 CITY COUNCIL REGULAR MEETING, 9/19/96 Russo felt the Council should create a team made up of representatives from PBGYAA, staff, and a financial person, to master plan future recreation needs. Councilwoman Monroe agreed with the suggestions and felt that it may be more productive if the Board met every two months. Councilwoman Monroe made a motion to deny first reading of Ordinance 19, 1996, seconded by Councilman Clark. The motion was unanimously carried. Staff was directed to review the needs for the Recreation Advisory Board and discuss the thoughts of the City Council with the Recreation Advisory Board members. ITEMS FOR DISCUSSION Golf Course Contract City Manager lerakovich stated that the City's contract with Dubin and Associates expires 9/30/96, and staff recommended that Dubin and Associates be approved for extension of contract for an additional 2 years. City Manager Herakovich stated that staff brought in John Rossi to do a Golf Course Management Study before a management company was hired and he again did a study before the recommendation for the extension. Mr. Rossi gave a very favorable report to Dubin and Associates, and City Manager Herakovich stated that the City is pleased with the continued 31 CITY COUNCIL REGULAR MEETING, 9/19/96 decrease in the deficit. City Manager Herakovich stated that Dubin and Associates' fees have changed a little because they are now taking on the turf management program and the golf course superintendancy, which was previously separately contracted out. There is an increase of approximately 3.5% the first year and 3.8% for the second year. Vice Mayor Furtado made a motion to authorize and direct the City Attorney execute a two year contract with Dubin and Associates for management of the City's Golf Course, Councilman Clark seconded the motion, which was unanimously carried. Sponsorship Program for Parks and Recreation City Manager Herakovich stated that the Council may have noticed that there are sponsorships for the various events held by the Recreation Department and the City has asked for and received proposals from local bottling companies for the right to become the designated soft drink beverage company. With that there was a package to advertise for the right to provide beverages at the community centers and concession stands. Staff recommended Council consider a motion to enter into a contract with Pepsi -Cola Bottling Company. Vice Mayor Furtado made a motion authorizing and directing the City Manager and the Recreation Director to enter into a contract with Pepsi- 32 CITY COUNCIL REGULAR MEETING, 9/19/96 Cola Bottling Company. In response to Councilwoman Monroe, City Manager Herakovich stated that Pepsi -Cola has agreed to additional addendums and asked that Council approve the concept of the contract and would meet with the City Attorney to include some additional language to protect the City should the City decide not to continue with the contract. Vice Mayor Furtado withdrew her motion and Councilman Jablin withdrew his second. Vice Mayor Furtado made a motion to conceptually approve the contract with Pepsi -Cola Bottling Company and that the City Manager and City Attorney review the proposed contract for sponsorship purposes. Councilman Jablian seconded the motion, which unanimously carried. Frenchman's Forest Nature Center Concept in Capital Improvement City Manager Herakovich stated that during the Vision process, staff had identified sites to be used as eco -sites throughout the community. City Manager Herakovich stated staff has been working with County staff to develop a concept for a nature center. David Porter has volunteered his services to develop a conceptual plan. City Planner Kim Glas stated that the County has acquired the property in question and is in the process of writing a management plan for uses and structures. The County has asked 33 CITY COUNCIL REGULAR MEETING, 9/19/96 the City for further details for a nature center and the grant would have to include information regarding activities and structures planned for the site. David Porter addressed the Council and detailed conceptual plans for the eco -site, including 4 different buildings, pathways through the woods, etc, City Manager Herakovich stated that the City would use the site for environmental recreational programs for school children, seniors, birdwalks, etc. Councilwoman Monroe suggested a cooperative effort with the Pine Jog Center run by FAU. City Manager Herakovich stated that staff has been reviewed several alternatives and pointed out that there is not this type of educational facility in this area and staff was hopeful that this facility would become a reality for the residents. Municipal League Delegate and Alternate Delegates It was suggested that Mayor Russo be placed as the Regular Delegate, with the City Manager /Assistant City Manager as an Alternate and Richard Walton, Planning & Zoning Director as the second alternate. It was further suggested that Kim Glas, Principal Planner, be added as an alternate. Vice Mayor Furtado made a motion to approve Mayor Russo as the Voting Delegate and the City Manager or her designee as the alternate delegate for the Palm Beach County Municipal League. Councilman Jablin seconded the motion, which was unanimously carried. Mayor 34 CITY COUNCIL REGULAR MEETING, 9/19196 Russo felt that in the Council/Manager form of government, the City Manager should represent the City at the Municipal League. CITY MANAGER REPORT City Manager Herakovich stated the Council received an Interoffice Memorandum from Assistant City Attorney Paul Golis regarding the Interlocal Agreement with Palm Beach County School District re; coordination of planning answering questions the Council asked regarding this issue. City Manager Herakovich stated that staff met with Cathy Babin regarding signage at the roller hockey rinks at Plant Drive. It was once again determined that the request for signs inside the roller hockey rinks did not meet the Sign Code and staff would not support a recommendation to allow that request. Ms. Babin would like to come before the Council to further discuss this request. City Manager Herkovich stated that the Art Advisory Board and the Beautification & Environmental Committee met together and agreed on the City sign to be presented to the City Council and the City is now at a point where more research needed to be done. There needed to be information determined regarding the material, size, letters, etc. for these signs. City Manager Herakovich stated that sign manufacturers are 35 CITY COUNCIL REGULAR MEETING, 9/19/96 quoting hours quoting $6500 to present the City with further details and asked the Council for direction. At that meeting, the Art Advisory Committee determined that signs were not art and felt that the funding could not come from the Art in Public Places monies, however, City Manager Herakovich stated this would be a policy decision of the City Council if they would like to amend the ordinance. City Manager Herakovich stated that the artist for the "Double Rainbow" sculpture has been offering the purchase of the sculpture to the City. City Manager Herakovich stated that by the end of the year the sculpture may be donated to the City. City Manager Herakovich stated that the City of Palm Beach Gardens has a theme that has to do with history and presented the sign recommended by the Art Advisory Committee and the Beautification & Environmental Committee. The Council wanted to review some additional proposals before the City Manager spent $6500 for futher details by the sign manufacturers. City Manager Herakovich reported that the NorthCorp drainage issue has been proposed and signed off on by the City Engineer pending bank authorizing Gee & Jenson to do some review and to authenticate the fact that the existing parking lot at NorthCorp was originally a poor design and 36 CITY COUNCIL REGULAR MEETING, 9/19/96 would always flood if not redesigned. The redesign meets the City's Land Development Regulations and South Florida Water Management District's criteria. ITEMS BY MAYOR AND CITY COUNCIL Mayor Russo Mayor Russo stated that he had a copy of the Palm Beach County League's solution to the overcrowding of schools and asked that the Council be copied. Mayor Russo stated that this solution states that if the plan doesn't work then the sales tax could be removed. Mayor Russo stated that if the sales tax is removed there would be a bigger problem then there was to begin with and he did not vote for this version. Mayor Russo stated that the next meeting would continue with this issue and stated that the Municipal League wants nothing in the solution that deals with levels of service. Mayor Russo stated that whoever the City sends as its delegate to the next meeting on September 24, 1996, votes against the proposed version. Vice Mayor Furtado Vice Mayor Furtado gave Council members copies of the feasibility study regarding the interchange. Vice Mayor Furtado asked staff to get MPO traffic model information that was used during the CRAWLS consideration it would assist in the effort. Vice Mayor Furtado stated that 37 CITY COUNCIL REGULAR MEETING, 9/19/96 she volunteered the City to do a write up on Holly Drive, outlining the problems that existed before the work was done because the MPO is looking at various projects such as this done by cities. Vice Mayor Furtado stated that any city that wants to put grass in the concrete medians, the County is offering the City that option as long as their public works employees could mow the grass. Councilwoman Monroe Councilwoman Monroe reported that Mr. Vavarus would be in the area next week to meet with the equestrian people regarding an equestrian community. Mr. Messier, on behalf of Mr. Cordani, is working on a preliminary type of layout for an equestrian community and to determine if Mr. Vavarus would be interested in this concept for his site. Councilman Jablin Councilman Jablin reported that the Education Advisory Board had an idea that businesses could underwrite some educational needs. Councilman Jablin asked members of the Education Advisory Board to elicit ideas for needs from all the schools in Palm Beach Gardens. Councilman Jablin stated that Timber Trace has been lobbying for a nurse, however, the local medical community has not come forth with a nurse for their school. Councilwoman Monroe asked for information regarding an 38 CITY COUNCIL REGULAR MEETING, 9/19/96 agreement or a letter that she could take to the Gardens Medical Center for their consideration. The Council agreed that the ideas presented by Councilman Jablin were worth pursuing. CITY ATTORNEY REPORT Assistant City Attorney Paul Golis stated that Terry Watterson asked him to inform the City Council regaridng the Byrd, Erbacher and Bullock suit. In May, 1996, the City Council, in an Attorney - Client Privilege meeitng, authorized Terry Watterson to settle all three cases for up to $100,000. The City went to trial and during that trial settlement negotiations were entered into and there is a proposed settlement for $99,000 for all three of the parties (Byrd, Erbacher and Bullock) with no distinction as to which individual would receive any specific amount. Also, the City Manager, the City, Byrd, Erbacher and Bullock exchanged full releases as to all future liabilities. Byrd, Erbacher and Bullock would agree never to apply to the City for jobs in the future and there would be a memorandum placed in Ms. Byrd's personnel file that would be agreeable to all parties. Attorney Golis requested that City Council ratify the $99,000 settlement and authorize Terry Watterson to sign all pleadings necessary to close the file, and authorize the City Manager to sign all necessary settlement documents on behalf of the City. 39 CITY COUNCIL REGULAR MEETING, 9/19/96 Vice Mayor Furtado made a motion to approve the recommendations made by Attorney Golis with regard to the Byrd, Erbacher and Bullock suit, seconded by Councilman Clark. Mayor Russo stated he would be voting in favor of this tonight because it is procedural. The motion was unanimously carried. ADJOURNMENT There being no fiuther business to discuss, the meeting was adjourned at 11:15 P.M. 40 CITY COUNCIL REGULAR MEETING, 9/19/96 APPROVAL Mayor Jose f. sso Vice Mayor Lauren Furtado ATTEST: 4 Cindy Harvey, Deputy City Clerk 41 inda Monroe / r Co an ' Councilman David Clark