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
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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
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