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