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HomeMy WebLinkAboutMinutes Council 060294ROLL CALL ANNOUNCEMENTS PRESENTATIONS CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS June 2, 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. The City Clerk called the roll and present were Mayor Clark, Vice Mayor Monroe, and Councilwoman Furtado. Councilman Jablin arrived at 7:35 P.M. Councilman Russo arrived at 7:39 P.M. Mayor Clark stated the announcements were as posted on the City's Bulletin Boards. GREAT GARDENS CLEAN UP DAY On April 16, 1994 the Great Gardens Clean Up resulted in collection of 120 bags of trash from the City's streets, which placed Palm Beach Gardens fourth in the County. Greg Guiffrida, Boy Scout Troop #132, was awarded the Youth Challenge Award; Buckley L. Howell, local resident, was awarded the Distinguished Individual Award; and Adelphia Cable was awarded the Best Team Award. In response to Mr. Howell the City Manager stated she would research solutions to the dangerous situation created by CITY COUNCIL REGULAR MEETING, 6/2/94 PAGE 2 the 8 -10 ft. deep ditch in front of the Chevron station on Northlake Boulevard. RIVIERA BEACH CONVENTION CENTER Neil Crilly, Community Redevelopment Agency Director, spoke on behalf of the Riviera Beach Community Redevelopment Agency, and requested the support of the City of Palm Beach Gardens Council for their convention center site, to be located on a 25 -acre waterfront site in Riviera Beach. This would place a county facility in the North County area, providing many benefits. In response to Councilwoman Furtado's concern about the safety factor of the area, Mr. Crilly explained this type of project could help reduce crime in the area and pointed out that the Riviera Beach crime rate had declined. Vice Mayor Monroe expressed her support for the site location and commented that crime is an issue that could be addressed. Councilman Russo supported the site, but stated he would want Riviera Beach to commit tax dollars for crime prevention. Councilman Jablin and Mayor Clark also expressed support for the site. SOLID WASTE CONTRACT City Attorney Baird had requested changes to the release offered by Waste Management regarding the $800,000 issue, but to date had received no answer, and his efforts to determine whether Waste Management intended to stand by the release they had offered were inconclusive. He stated he believed the claims were legitimate and CITY COUNCIL REGULAR MEETING, 6/2/94 expected a lawsuit of this nature to run several years with significant costs to the City to defend the case. COMMENTS FROM THE PUBLIC SANDY MAST Sandy Mast of Sandalwood Estates spoke on behalf of the homeowners in Sandalwood Estates in favor of renewing the contract with Waste Management. JOHN PARSONS John Parsons objected to the 6 A.M. pickup and offered a solution that the routes be changed periodically to start early in different areas. LINDA SHAFFER Linda Shaffer of PGA National, stated the level of service provided by Waste Management was excellent and commended them for their community involvement. ELLEN SMITH Ellen Smith spoke on behalf of County sanitation, which had offered a 2.8 million dollar savings over 5 years, and stated that the $800,000 lawsuit paled in comparison to this savings. Mrs Smith further stated that County Sanitation would accept the liability for the lawsuit and urged the City to go out for bids. Councilwoman Furtado agreed the level of service had been high and community participation had been excellent, however she was disappointed in the way this situation had been handled and did not appreciate strong -arm tactics, and would like to go out for bids. Vice Mayor Monroe agreed with Councilwoman Furtado and also stated if the low bidder were Waste Management she would want their contract to spell out all the items that residents CITY COUNCIL REGULAR MEETING, 6/2/94 ITEMS BY MAYOR PAGE 4 had come to expect. Councilman Russo stated his disappointment in the way Waste Management had handled i this situation, and his belief that all avenues should be explored to save the taxpayers' money which in this case would be competitive bidding. Councilman Jablin disagreed with other City Council members, stating his position that the Waste Management contract with a 25% reduction in fees negotiated by staff be renewed. Councilman Jablin stated that negotiations by staff had been done in good faith and felt the possible liability that would have to be defended by the City in the event Waste Management was not awarded the contract would be spending money unnecessarily. Mayor Clark agreed with Councilman Jablin that going out for bid in this case would not be the best course of action because of the liability which would continue to be an issue if another company were awarded the contract. Councilman Russo made a motion, seconded by vice Mayor Monroe to authorize staff to go out to bid as soon as possible. The motion passed by a vote of 3 -2. The nay votes were cast by Mayor Clark and Councilman Jablin for reasons previously i mentioned. Specifications for bid were scheduled for workshop on June 9, 1994. �j� CITY COUNCIL REGULAR MEETING, 6/2/94 PAGE 5 AND CITY COUNCIL COUNCILWOMAN FURTADO Councilwoman Furtado stated she would like to expand the volunteer program to include volunteer consultants for areas such as purchasing. COUNCILMAN RUSSO Councilman Russo stated he would like to establish a meeting with the School Board and the North County communities to discuss the direction for the North County schools. Vice Mayor Monroe suggested utilizing our representative to the North County Planning Forum Implementation Committee Education Subcommittee for this purpose, however, Councilman Russo stated a face -to -face meeting with the School Board would be more advantageous. Councilman Jablin felt the Educational Committee should be utilized to represent the Council's position. Vice Mayor Monroe stated the City's Education Committee should coordinate with the North County Committee and allow both to make recommendations to the City Council re: to proceed; and to make sure the City's committee did not work in isolation. Councilman Russo reported that at the Municipal League meeting the Wellfield Protection Ordinance was voted down unanimously and the recommendation to the County was not to change their present program. Councilman Russo announced the Marlins would have a Community Day in September. COUNCILMAN JABLIN Councilman Jablin reported that a meeting of the Landfill CITY COUNCIL REGULAR MEETING, 6/2/94 MAYOR CLARK CONSENT AGENDA: Committee was attended by City Manager Herakovich. A final report will be issued in the near future. Mayor Clark commended the Planning and Zoning Commission for the efforts made by that Board, and reported the new appointees were doing a very good job. Vice Mayor Monroe made a motion to approve the Consent Agenda, including amendments to the minutes. Councilman Jablin seconded the motion. Motion to approve the Consent Agenda carried 5 -0. The following items were approved on the consent agenda: 1. Approval of 5/19/94 City Council Regular Meeting Minutes. 2. Proclaiming the week of 6/5/9 as "National Safe Boating Week ". 3. Resolution 59, 1994 - Waiving provisions of Resolution 92, 1993. 4. Resolution 60, 1994 - Approving an Agreement between the City and Bedford at Lake Catherine HOA re: uniform traffic control. 5. Resolution 61, 1994 - Approving an Agreement between the City and BallenIsles Community Association, Inc. re: uniform traffic control. PUBLIC HEARINGS RESOLUTION 38, 1994 Mayor Clark declared the Public Hearing reopened, which was duly advertised 3/23/94 for 4/7/94; recessed from the Regular Meetings of 4/7/94, 4/21/94, and 5/5/94; and held CITY COUNCIL REGULAR MEETING, 6/2/94 PAGE 7 on the intent of 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 commented they had worked with the petitioner to reduce the sign height, to minimize the variance needed for front setback, and to minimize the landscaped area. Raymond Royce, Attorney for the petitioner, explained the original approved landscaping plan included more trees than the code at that time required and this was also more trees than required by the present code. Since three palms were needed to bring the number of trees into compliance with the original approved landscaping plan, the petitioner was willing to add these trees even though doing so would make the number of trees more than the present code required, however requested flexibility as to placement of the trees. The petitioner proposed removing the four sign faces from the existing tower to open it on all sides in order to view artwork proposed to be placed inside the tower, which would contribute to Art in Public Places. There being no comments from the public, Mayor Clark declared the Public Hearing closed. yy Vice Mayor Monroe moved for approval of Resolution 38, ! 1994 with the Exhibit dated 5117/94 which proposes IIII` landscaping for the variance; new landscaping for the westerly most 4 parking spaces as well as the sign area, and that everything to the east of the fourth parking CITY COUNCIL REGULAR MEETING, 6/2/94 PAGE 8 space, i.e., the landscaping buffer between the parking spaces and PGA Boulevard would be improved as per the currently approved landscape plan for the project, and to approve the design of the three fish for the artwork in the existing tower as shown on plan prepared by Urban Design Studio. Motion was seconded by Councilman Russo. Resolution 38, 1994 was unanimously approved. ORDINANCE 8, 1994 Mayor Clark declared the Public Hearing open, which was duly advertised 5/18/94 and held on the intent of Ordinance 8, 1994, Repealing and Amending Certain Sections of Chapter 155, The Sign Code, for consideration of second reading and adoption. There being no members of the public who wished to speak, Mayor Clark declared the Public Hearing closed. Vice Mayor Monroe made a motion to place Ordinance 8, 1994 on second reading and adoption. Motion was seconded by Councilman Russo and passed by a vote of 5 -0. City Clerk Linda Kosier read Ordinance 8, 1994, by title only, on second reading. ORDINANCES ORDINANCE 14 1994 Vice Mayor Monroe made a motion to place on first reading Ordinance 14, 1994 Amending Title III, "Administration ", Chapter 23, "Departments, Boards, and Commissions" of the Code of Ordinances of the City of Palm Beach Gardens, by creating a new section 32.20 "Education Advisory Board ". Motion was seconded by Councilwoman Furtado. After discussion, it was the consensus of the City Council that CITY COUNCIL REGULAR MEETING, 6/2/94 PAGE 9 the number of people serving on the Education Advisory Board was not to exceed twelve, and in the selection of up to 12 people to serve that the City Council would consider the members who sit on SAC committees, teaching background, and would have student liaisons from the schools. It was agreed to add to the ordinance that any communication outside the Board itself would be communicated to the City Council by the Council coordinator, and to eliminate paragraph to J". Residency requirements would be that members of the board must reside within the City of Palm Beach Gardens. Motion passed by a vote of 5 -0. City Clerk Linda Kosier read, by title only, on first reading, Ordinance 14, 1994. ITEMS FOR DISCUSSION PGA NATIONAL SHOPPES ON THE GREEN RESTAURANT The City Council considered a petition by Henry Skokowski of Urban Design Studio, agent for Shoppes on the Green Associates, LTD, to reinstate the expired PUD for PGA National Shoppes on the Green within the PGA National Community for a 3 -year period. It was the consensus of the City Council to direct staff to work out parking problems associated with this request by either limiting either the amount of restaurant square footage or the rest of the square footage in the center to provide ample parking spaces. A CITY COUNCIL REGULAR MEETING, 6/2/94 PAGE 10 PALM BEACH COMMUNITY CHURCH Donaldson Hearing, agent for CBT Realty Ventures XVI, Inc., representing Palm Beach Community Church requested PUD approval to allow for construction of a 71,900 square -foot church facility within the Northcorp PCD. 450 parking spaces would be required for the proposed 1,800 -seat church facility, of which 213 would be located on property owned by the church, and 294 located within the PCD. The church had executed a parking agreement for an additional 656 parking spaces with Northcorp Center, which runs with the use of the land. Staff recommended the church either downsize their building or purchase additional land. After a discussion of alternative uses, Councilman Jablin requested average size and seating capacity of the average church in this area in order to consider use of this property as a church. Councilwoman Furtado requested staff provide the percentage of on site parking at St. Ignatius and at Trinity. ITEMS BY CITY MANAGER City Council members provided Manager Herakovich with possible dates for budget hearings. The City Manager reported emergency repairs due to leaking pipes had been necessary at the Municipal Swimming Pool. Vice Mayor Monroe made a motion to authorize the City Manager to spend up to $25,000 from Council Contingency Fund for repairs to the Municipal Swimming Pool. Motion was I CITY COUNCIL REGULAR MEETING, 6/2/94 PAGE 11 seconded by Councilwoman Furtado and passed 5 -0. CITY ATTORNEY City Attorney Baird reported the DeLuca case would be disposed of by filing a counterclaim to Ms. DeLuca's attorney's second amended complaint and filing a motion for summary judgement. The City would ask Ms. DeLuca to vacate the premises as of June 6, 1994. The insurance company, whose attorneys did not show up to defend the City, has agreed to reimburse the City for the services provided in this case by Attorney Baird and Attorney Golis. Attorney Baird reported seven hours of negotiation in the Wells, Wiley and Justice Department cases had not yet resulted in a settlement. If a possible 5 -year payout plan were accepted and if all insurance money were received, the City would still be required to provide $100,000 to $300,000 annually, which would require substantial budget analysis and reallocation of resources. since trial date was set for June 27, Attorney Baird requested time with Council members to discuss this case as soon as possible. Attorney Baird also advised the City Council that for any community to form a separate school district, an amendment change to the Florida Constitution would be required. PALM BEACH COMMUNITY CHURCH Mayor Clark summarized the Council's position that everyone liked the idea of having a church at the CITY COUNCIL REGULAR MEETING, 6/2/94 DA P! T+. 17 Northcorp location, however the parking was a concern. Solutions suggested were to buy more land to provide more parking spaces, downsize the building so that not as many parking spaces would be needed, or to get a perpetual agreement on the shared parking. ADJOURNMENT There being no further business to discuss, motion was made by Vice Mayor Monroe, seconded by Councilman Jablin to adjourn the meeting at 11:29 F.M. CITY COUNCIL REGULAR MEETING, 6/2/94 APPROVAL R MAYOR DAVID CLARK VICE MAYOR LINDA MONROE r � aOUNCI`LMAN JOSEPH RUSSO COUNCILMAN ERIC JABLIN COUNCILWOMAN LAUREN F'URTADO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK PAaF. 1 -4