Loading...
HomeMy WebLinkAboutMinutes Council 080494CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS August 4, 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, and Councilman Russo. Councilman Jablin was out of town and Councilwoman Furtado was not in attendance due to a previous commitment. ANNOUNCEMENTS Mayor Clark stated the announcements were as posted on the City's Bulletin Boards. City Manager Herakovich announced that there was cake available in honor of the City's 35th Anniversary. AWARDING OF BIDS STORAGE FACILITY Vice Mayor Monroe made a motion to approve staff j recommendation of the low bid of $69,700 from Janus Hill Corporation to construct a storage facility at the Riverside Community Center. Bids for this project had been advertised 6/25/94 and 6/29/94 and opened and read 7/25/94. The motion was seconded by Councilman Russo and passed by a vote of 3 -0. AUDIT SERVICES Finance Director Olson recommended that the City Council engage Haas, Diaz & Company to perform the annual audit for the Fiscal Years ending September 30, 1994, 1995, 1996, and 1997 at a cost of $26,400 for each year. Deborah Diaz of Haas, Diaz & Company clarified for the City Council that their firm's normal procedure was to renew contracts annually under an overall contract which would contain provisions for termination by either party during the four -year contract term. Vice Mayor Monroe made a motion to approve the staff recommendation. The motion was seconded by Councilman Russo and passed by a vote of 3 -0. ITEMS BY MAYOR AND CITY COUNCil, VICE ONROE Vice Mayor Monroe requested the Resolution regarding the Juno Beach Pier be placed back on the agenda. COUNCILMAN RUSSO Councilman Russo reported the North County Economic Development Group was in the process of finalizing a mission statement, and that Riviera Beach had requested continuing support for the Convention Center. MAYOR CLARK Mayor Clark reported the Loxahatchee Council of Governments had issued a Resolution expressing support for the Riviera Beach Convention Center. COMMENTS FROM THE PUBLIC: ALAN ADAMS Alan Adams suggested that the City join with other municipalities to sponsor a candidate forum for the contenders in the upcoming School Board election in order to inform the public of the views of the candidates. CITY COUNCIL REGULAR MEETING, 8/4/94 BERNARD HILTON CONSENT AGENDA: PAGE 3 Vice Mayor Monroe moved that the City Council designate Alan Adams as their representative to begin the process of organizing a candidate forum for School Board candidates and to work with the Palm Beach Gardens City Staff and staffs of any surrounding municipalities. The motion was seconded by Councilman Russo, and passed by a vote of 3 -0. Bernard Hilton, a 31 -year resident of Palm Beach Gardens, expressed his appreciation to the City Council for a job well done. Vice Mayor Monroe made a motion to approve the Consent Agenda with the comment that although Item 7 was in the form of a resolution that it was not intended to set a precedent to require that similar types of activities be in the form of a resolution in the future. Councilman Russo seconded the Motion. The motion to approve the Consent Agenda with the above referenced comment carried 3 -0. The following items were approved on the Consent Agenda: 1. Approval of Minutes of 7/7/94 City Council Regular Meeting. 2. Approval of Minutes of 7/21/94 City Council Regular Meeting. 3. Proclaiming the month of November, 1994, as "Rotary Foundation Month ". CITY COUNCIL REGULAR MEETING, 8/4/94 PAGE 4 4. Resolution 79, 1994 - Supporting the Town of Juno Beach Plans for the Donald Ross Road Widening and Bridge Project and Urging Palm Beach County to undertake improvements in the current work program. 5. Resolution 97, 1994 - Opposing Casino type Gambling in the State of Florida. 6. Resolution 99, 1994 - Supporting Metropolitan Planning Organization efforts to continue congestion mitigation and air quality for air quality maintenance areas. 7. Resolution 104, 1994 - Directing City Manager to include in City Engineer's responsibilities continued monitoring as recommended by the City's Landfill Committee. PUBLIC HEARINGS: ORDINANCE 13, 1994 Mayor Clark declared the public hearing open, which was duly advertised 6/22/94, recessed from the regular meeting of 7/7/94, and held on the intent of Ordinance 13, 1994, Repealing Certain Sections of the Land Use Code and Adopting Land Development Regulations and Map. Planning and Zoning Director Walton reminded the City Council of the September moritorium deadline. RAY ROYCE Ray Royce, Attorney for the MacArthur Foundation, stated his client had a significant number of questions, including some pertaining to new policies, as well as some pertaining to the PGA overlay district for which CITY COUNCIL REGULAR MEETING, 8/4/94 PAGE 5 they recommended following the example set by Jupiter, and therefore requested an additional 30 -45 days for review. It was the consensus of the City Council that since time had already been allowed for review and since the schedule had been well known by the development community, to place a deadline of close of business Monday, August 8, 1994, for comments to be presented to staff, and to place Ordinance 13, 1994 on the agenda for the next Council Meeting on August 18, 1994 for consideration of adoption. Staff requested direction from the City Council for frontage depth requirements along PGA Boulevard. Attorney Ray Royce stated the Land Development Regulations might preclude certain uses normally allowed within an industrial zone and suggested allowing those uses within the first 1000 feet if they were screened behind another row of buildings that would be seen from the road and properly landscaped. Council requested he provide examples of scenarios where five hundred foot setbacks would work and one thousand foot setbacks would not. Hank Skowkowski brought to the Council's attention that the 30 pages of submittals included in the LDRs might be adopted separately, and agreed with the new deadline set by the Council, as did Frank Palen of PGA National. Vice Mayor Monroe brought up minor points of concern which were discussed and CITY COUNCIL REGULAR MEETING, 8/4/94 PAGE 6 direction was given to staff regarding changes. There being no further comments from the public, Vice Mayor Monroe made a motion to recess the public hearing to a date certain of August 18, 1994. Councilman Russo seconded the motion. Planning and Zoning Director Rich Walton asked for direction from the Council regarding net vs. gross density and received clarification that net density was still Council policy. The motion then passed by a vote of 3 -0. RESOLUTIONS: RESOLUTION 32, 1994 Staff explained that Resolution 32, 1994, Approving Florida Drug Free Workplace Program for the City, would lead to reduction in Workers Compensation insurance premium. Changes requested by Mayor Clark were on page 2, II delete "To All Personnel "; on page 3, (3) delete quotation marks from "prescription drugs "; on page 6, (G) , line one, change "fir" to "for ", on page 7, (A) , line 2, change "request" to "requests" in two places; and on page 11, (X) (A) define SOP' s. Motion was made by Vice Mayor Monroe to approve Resolution 32, 1994 as amended. The motion was seconded by Councilman Russo and unanimously passed. RESOLUTION 63, 1994 City Manager Herakovich stated the Weiss Group had offered the City a 3 -year lease for $1.00 per year for training facilities, and that the space had been designed free of charge by Jeff Ornstein. Vice Mayor Monroe made CITY COUNCIL REGULAR MEETING, 8/4/94 PAGE 7 a motion to approve Resolution 63, 1994, authorizing the Mayor and City Clerk to execute an agreement between the City and The Weiss Group regarding rental and improvements to the existing building for employee training. The motion was seconded by Councilman Russo and unanimously carried. RESOLUTION 93, 1994 Motion was made by Vice Mayor Monroe to approve Resolution 93, 1994, Appointing two (2) members to the Northern Area Mutual Aid Consortium, by inserting the names of Fire Chief Ed Arrants and Mayor David Clark into the blanks. The motion was seconded by Councilman Russo and unanimously carried. RESOLUTION 98, 1994 City Manager Herakovich reported that because of new legislation, Solid Waste Authority had proposed an Interlocal Agreement to ensure that the delivery of solid waste that was collected within the City would continue to be delivered to the Authority. Kathy Duzan, representing Solid Waste Authority, assured the City Council that all municipalities that have been contacted had approved interlocal agreements, and answered a question by the City Manager that the Solid Waste Authority had no plans to raise concurrency issues for developments within the City. Vice Mayor Monroe moved to approve Resolution 98, 1994, approval of An Interlocal Agreement with Solid Waste Authority regarding flow CITY COUNCIL REGULAR MEETING, 8/4/94 PAGE 8 control to expire September 30, 2000, inserting the City Manager's name in the blank. The motion was seconded by Councilman Russo and unanimously carried. RESOLUTION 100, 1994 Vice Mayor Monroe moved approval of Resolution 100, 1994, authorizing the City Manager to expend $44,000 from the Council Contingency Fund to make the General Employees' Pension Fund actuarialy sound. The motion was seconded by Councilman Russo and unanimously carried. RESOLUTION 105, 1994 It was the consensus of the City Council to amend Resolution 105, 1994, by adding a category "Time Extensions" of the same amount as the original application fee. City Attorney Baird advised that since Resolution 105, 1994, dealt with Land Development Regulations, it should be adopted after the LDRs were adopted at the September 1, 1994 Council Meeting. ITEMS FOR COUNCIL ACTION: ROAD RESUFACING SCHEDULE City Manager Herakovich reported research had revealed that thermoplastic was not required for striping, therefore, the Public Works Department had recommended piggybacking onto West Palm Beach's bid for J. W. Cheatham to perform all of the City's needed roadway resurfacing at a price of $113,292.00. Councilman Russo moved approval of the recommendation by the Public Works Department. The motion was seconded by Vice Mayor Monroe 4 CITY COUNCIL REGULAR MEETING, 8/4/94 and unanimously carried. PAGE 9 ITEMS FOR DISCUSSION: CHARTER AMENDMENT - REVIEW OF BALLOT Questions were presented to the Council for proper wording for the charter amendment which would be placed on the ballot in November, 1994. City Attorney Baird advised the City Council that questions 1 and 2 which concerned gender could be removed since recent legislation had addressed that item. It was the consensus of the City Council to delete in question 3, "four year terms for City Council members; plurality of votes; runoff requirements;" to accept questions 4, 5, and 8 as worded; to remove "compensation of Mayor and Council Members" in question 6; to delay question 7 for further clarification; and to find out the exact format that would be used on the ballot. MEDIPLEX MEDICAL MALL Planning and Zoning Director Walton explained the Mediplex Medical Mall was presented for workshop since it was such a large project. City Attorney Baird stated that in the past, because of her position as a member of the Governing Board of Palm Beach Gardens Medical Center, Vice Mayor Monroe had been advised she could not vote on competetive projects; however Attorney Baird's review of the situation and the law suggested there was no conflict of interest that would prohibit Vice Mayor Monroe from considering projects of this type. The statutory CITY COUNCIL REGULAR MEETING, 8/4/94 PAGE 10 requirement on abstaining from voting required that there I be some financial gain that would inure to the councilmember who was considering an issue. In this case any financial gain would go to the medical facility and not to the board that Vice Mayor Monroe was a member, since that board was not an agency or a corporation formed by the hospital that derived any income from the hospital. Attorney Baird stated further clarification would be pursued from Tallahassee in regard to voting, however, in the meantime Vice Mayor Monroe would be allowed to make comments on this project. The City Council viewed a model of the project which was explained by Mr. Lewis, architect for the project. Jim Brindell, Agent for Mediplex Group, Inc., requested this project be placed on the agenda for the next City Council meeting for consideration of approval, and was told it could be placed on the September 1 agenda. Vice Mayor Monroe voiced concerns with the building setback compared to the City's code, temporary landscaping, ancillary facilities, and plans to move existing vegetation. Mr. Brindell asserted he would work with staff to work out unresolved issues before the September 1 Council meeting. PRESTON BUFFER /RYDER CUP ENTRY LANDSCAPING Frank Palen, Agent for PGA National Venture, Ltd., explained the proposed landscaping and entry plan. Vice r) N CITY COUNCIL REGULAR MEETING, 8/4/94 CITY MANAGER: PAGE 11 Mayor Monroe questioned whether a building permit was required for the wall. It was the consensus of the City Council that this item be placed on the consent agenda for approval after the required ownership and maintenance agreements had been finalized. City Manager Herakovich announced September 8 and 15, 1994 dates for budget hearings. The City Council approved the City Manager write a letter to the County in support of the realignment of Hickory Drive, as requested by Palm Beach County stating the City would accept dedication of the road when constructed to City standards by Ballenlsles development. City Manager Herakovich also reported that the present millage rate was 1.37% lower than the rollback rate. FUNDING SOURCES FOR MUNICIPAL COMPLEX Finance Director Kent Olson explained options for funding the proposed Municipal Complex were general obligation bonds, special revenue bonds which would pledge a electricity franchise fee, a utility tax, or all ad- valorem revenue sources except court fines. Mr. Olson explained any of these options would result in an increase in property taxes except the implementation of a utility tax, and recommended the purchase of bond insurance to give the bonds a higher rating. It was the consensus of the City Council that this matter be placed on the ballot for voter consideration in the next CITY COUNCIL REGULAR MEETING, 8/4/94 CITY ATTORNEY PALM BEACH COUNTY COMPREHENSIVE PLAN AMENDMENT ADJOURNMENT PAGE 12 referendum. City Attorney Baird reported that an appeal had been filed by former officers Natoli and Carpenter in regard to their termination of employment with the City would go through the Appellate Court. The City Attorney also reported that preliminary approval of the stipulation entered into by the City in the Wells case had been received and that after a Fairness Hearing on September 14, 1994, a final order would be entered. It was the consensus of the City Council to file an objection with the County to their proposed comprehensive land use plan amendment which would limit proposed changes to the Traffic Performance Standards to only one project, and to write a letter to the Municipal League to be delivered by Councilman Russo at their next meeting regarding the City's inability to resolve this matter because of lack of response from the County. There being no further business to discuss, motion was made by Vice Mayor Monroe, seconded by Councilman Russo, and unanimously approved to adjourn the meeting at 11:27 P.M. CITY COUNCIL REGULAR MEETING, 8/4/94 APPROVAL MAYOR DAVID CLARK VICE MAYOR LINDA MONROE COUNCILMAN JDEPH SO (- 1y (ABSENT) L� COUNCILMAN ERIC JABLIN ( COUNCILWOMAN LAUREN FURTADO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK PAGE 13