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