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HomeMy WebLinkAboutMinutes Council 0505940 CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS May 5, 1994 The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Mayor Clark at 7:30 P.M. in the Assembly Room of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of Allegiance to the Flag. ROLL CALL The City Clerk called the roll and present were Mayor Clark, Vice Mayor Monroe, Councilman Jablin, Councilman Russo, and Councilwoman Furtado. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted on the City's Bulletin Boards. ITEMS BY MAYOR AND CITY COUNCIL COUNCILMAN RUSSO Councilman Russo reported he had attended and won the City Council Golf Tournament. COUNCILWOMAN FURTADO At Councilwoman Furtado's request, City Manager Herakovich reported the dollar amount the City was saving each month because of volunteer workers was averaging between $6,000 and $7,000, excluding fire and police volunteers. Councilwoman Furtado reported Delray and Boca Raton had established successful Education Advisory Boards and that she had obtained copies of their CITY COUNCIL REGULAR MEETING, 5/5/94 PAGE 2 resolution so that the City Council could consider a similar resolution. councilwoman Furtado suggested the City contact Alan Adams to see if he would be willing to represent the City on the North County Forum Education Committee in her absence. In response to Councilwoman Furtado's concern that there could be a conflict of interest if the attorney representing the City in the PGA National /DRI stipulation settlement also handled other matters for the developer, it was the consensus of the City Council no such conflict had been demonstrated to exist, and that the City should continue to use Paul Bradshaw as outside counsel in this matter. In accordance with current practice, the City Attorney should oversee Mr. Bradshaw and other attorneys hired by the City and coordinate their work. As a housekeeping matter, the City Manager and City Attorney were directed to review the file and speak with Attorney Bradshaw to confirm the Council's understanding that he has not represented the PGA National Developer in other matters. COMMENTS FROM THE PUBLIC SAM CARSILLO Sam Carsillo reported he was satisfied with answers he had received from staff, and urged the City Council to take bids for the waste disposal contract to keep a true democratic process. CONSENT AGENDA: Councilman Jablin made a motion to approve the Consent Agenda less Item 5. Resolution 47, 1994 - Appointing CITY COUNCIL REGULAR MEETING, 5/5/94 PAGE 3 members to the Holly Drive Task Force Committee. Motion was seconded by Vice Mayor Monroe, and approved by a vote of 5 -0. PUBLIC HEARINGS RESOLUTION 38, 1994 Resolution 38, 1994, Approval of a Variance to Section 159.09 Ground Signs of the Palm Beach Gardens Code for "The Waterway Cafe ", 2300 PGA Boulevard. Staff reported the Waterway Cafe had requested three variances for their sign, which were advertised: height, setback, and landscaping around the base. When the original sign approval was reviewed per the City Council's request, Staff found that the petitioner's request would require an additional variance from the landscape code that was not advertised. Ray Royce, representative for the petitioner, stated they do not wish to request an additional variance, but would like to come into compliance with the original plan approved for the Waterway Cafe. They would have no problem complying with the original plan if their sign could be at a height of 14 feet which was the height of the mock sign they had erected for the City Council to view. It was the consensus of the City Council that the 14 -foot height was too tall and that the petitioner should work with staff to resolve landscaping problems so that compliance with the original plan could be achieved. Mayor Clark declared the Public Hearing open, which was duly CITY COUNCIL REGULAR MEETING, 5/5/94 PAGE 4 advertised 3/23/94 for 4/7/94; recessed from the Regular Meeting of 4/7/94 and 4/21/94; and held on the intent of Resolution 38, 1994. There being no comments from the public, motion was made by Vice Mayor Monroe to recess the Public Hearing to a time certain of June 2, 1994. Councilman Jablin seconded the motion, which was unanimously approved. RESOLUTIONS RESOLUTION 39, 1994 City Manager Herakovich summarized Resolution 39, 1994, Approving an Agreement with the Siena Oaks Homeowners Association regarding Uniform Traffic Control, which would allow the Police Department to patrol streets with the approval of the Homeowners Association for the purpose of enforcing traffic rules, and stated that such an agreement was necessary under state law to enforce traffic laws within private communities. Vice Mayor Monroe made a motion approving Resolution 39, 1994 with the stipulation that Mayor David Clark would be authorized to execute the agreement between the City of Palm Beach Gardens and Siena Oaks H.O.A. upon demonstration that the Homeowners Association had complied with all terms of the agreement. Motion was seconded by Councilman Russo, and passed by a vote of 5- 0. RESOLUTION 44, 1994 Mayor Clark stated that Resolution 44, 1994 would be pulled from the agenda because additional approvals from CITY COUNCIL REGULAR MEETING, 5/5/94 PAGE 5 Lake Catherine POA were needed. RESOLUTION 45, 1994 Approval of PGA National Parcel M -29B, Diamond Head PUD was recapped by Rich Walton who stated all concerns raised at the last meeting regarding this petition had been met. Attorney Frank Pelan, representing the Petitioner, explained to the City Council the changes that had been made were a shunt turnaround at the north end allowing a turning radius to accommodate garbage trucks and emergency vehicles, and an electronic gate at the south end. It was the consensus of the City Council to delete condition number 6 which called for the Property Owners Association to be responsible for trash pickup from Lots 1 and 2. Motion was made by Vice Mayor Monroe to approve Resolution 45, 1994 as amended, deleting Condition 6 under Section 6 and adding the words "or sodded" after the words "shall be seeded" in Condition 1 under Section 6; seconded by Councilman Jablin and passed by a vote of 5 -0. RESOLUTION 47, 1994 It was the consensus of the City Council to amend Resolution 47, 1994, Appointing members to the Holly Drive Task Force Committee by changing the second paragraph to read "WHEREAS, the City deems it necessary to study safety issues for Holly Drive during school hours, and "; to add a ninth person to the Committee, Sam Carsillo, and to change Section 2 appropriately; to change the word "with" to "within" in the first line of CITY COUNCIL REGULAR MEETING, 5/5/94 PAGE 6 Section 3; to change "four (4)" to "Five (5)" members shall constitute a quorum; and to insert the following sentence in Section 5: "The Committee shall file recordings or minutes of its proceedings with the City Clerk ". Councilwoman Furtado made a motion to approve Resolution 47, 1994, as amended, seconded by Vice Mayor Monroe and passed by a vote of 5 -0. RESOLUTION 48, 1994 Steve Mathison represented Petitioner O.R.E.O., Inc., a subsidiary of First Union National Bank which acquired the Oakbrook Corporate Center Planned Unit Development during the past year through foreclosure, and requested a 24 -month extension for the development of 180,000 square feet of office space, 117,500 square feet of retail and a 30,000 square foot health club located on the southwest corner of PGA Boulevard and U.S. 1. Attorney Mathison explained the Bank was committed to II install the landscaping within 90 days and to maintain the landscaping, and was committed to work with the developer to make sure the project was developed in a quality fashion. It was the consensus of the City Council to grant a two -year time extension, and to move the first sentence of number 4, Section 2 to be inserted as the last sentence of number 2, Section 2; and to delay approval to allow time for further research by staff regarding future impact fees as well as those previously paid, and to bring this resolution back to the next �1 CITY COUNCIL REGULAR MEETING, 5/5/94 PAGE 7 regular City Council meeting in two weeks for consideration of approval. RESOLUTION 49, 1994 Motion was made by Councilwoman Furtado to approve Resolution 49, 1994, Approving an Agreement with Sun Terrace at The Oaks HOA re: Uniform Traffic Control, seconded by Vice Mayor Monroe, and passed by a vote of 5- ME ORDINANCES ORDINANCE 8, 1994 Motion was made by Councilman Russo that Ordinance 8, 1994, Amending Chapter 155, The Sign Code of the City of Palm Beach Gardens, be placed on first reading by title only. Motion was seconded by Vice Mayor Monroe. Per a unanimous vote by the City Council, the City Clerk read Ordinance 8, 1994, by title only, on first reading. ITEMS FOR DISCUSSION SHOPPES ON THE GREEN After a discussion which included concerns that the easement recommended by staff as a condition of approval could be withdrawn by the petitioner at any time and therefore should be recorded, and that parking originally approved might be insufficient under current code, it was the consensus of the City Council to direct staff to examine the petitioner's request to reinstate the expired Planned Unit development for PGA National Shoppes on the Green within the PGA National Community to determine whether the petitioner would have to reapply for a new Planned Unit Development or if it could be reinstated. D CITY COUNCIL REGULAR MEETING, 5/5/94 PAGE 8 ITEMS BY CITY MANAGER City Manager Herakovich reported repairs had begun on the Burns Road Community Center roof, and work had been started on the Keating Drive foot bridge. She also reported first drafts of updated job descriptions were almost completed; the performance appraisal process would be refined; and the salary survey in conjunction with other municipalities was near completion. Direction was given by the City Council to place discussion of the Riviera Beach Convention site on a workshop meeting agenda. Consensus of the Council was that the City Manager should present a resolution at the next meeting which would set the Council's meeting schedule for the summer months. City Manager Herakovich stated Palm Beach Gardens had been selected to participate in a pilot Property Casualty Insurance Building Code Effectiveness Study to encourage code compliance in construction; announced all Council members were invited to attend a Chamber of Commerce Breakfast May 25 at Embassy Suites on Singer Island; that the City was working with Palm Beach County to revive the agreement to widen the cowpath section of Northlake Boulevard; and that BallenIsles development was very interested in providing a stoplight to their entrance on PGA Boulevard. The City Manager also reported the Code Enforcement Officer was now fully trained and working on code violations, and staggered CITY COUNCIL REGULAR MEETING, 5/5/94 PAGE 9 hours will be instituted for this position at a later date. Motion was made by Councilman Russo to approve expense items 6 and 7 in the City Manager's contract so that she might move within the City limits as required by her contract; motion was seconded by Councilman Jablin and unanimously approved. Councilman Russo requested the City Manager provide the City Council with a time line for requests for proposals, the audit and budget processes, and other procedures that had been discussed. CITY ATTORNEY City Attorney Baird reported a Motion to Dismiss had been filed in the case brought by Ms. DeLuca regarding the golf course concession; however, he felt what might be granted would be a Motion for Summary Judgement, which basically would mean there were no facts in dispute and under the law the City would win. Former City Manager John Orr's deposition had been taken, and even though his testimony was in support of Ms. DeLuca, he had revealed that the City Council never authorized the contracts with Ms. DeLuca, and had also testified that in his judgement there was no consideration for the contract, which must exist in order for a contract to be valid. The insurance carrier for the City has agreed to undertake the defense of that case. City Attorney Baird reported he planned to file for summary Judgment in the Linda Erbacher, Julia Byrd and Linda Bullock cases. In the wells case, City Attorney Baird reported he was trying to negotiate a CITY COUNCIL REGULAR MEETING, 5/5/94 PAGE 10 settlement before final judgment was entered, and received consensus from the City Council for authorization to appeal the Wells verdict in the event the City would be more advantageously served, which would enhance his position in the settlement negotiation. The City Attorney reported the Wiley case was set for trial June 27, with 48 claims in the class action; that the Justice Department case class was very similar to the Wiley case, that he was working towards settlement of the Wells, Wiley and Justice Department cases in one group, and that Judge Hurley would be hearing the Justice Department case in Palm Beach County. ADJOURNMENT There being no further business to discuss, motion was made by Vice Mayor Monroe, seconded by Councilwoman Furtado to adjourn the meeting at 10:05 P.M. CITY COUNCIL REGULAR MEETING, 5/5/94 APPROVAL �vzko MAYOR DAVID CLARK •ice y . COUNCILWOMAN 'e COUNCILMAN E f JAB N COUNCILMAN JOSEPH RUSSO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK PAGE 11 I