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HomeMy WebLinkAboutMinutes Council 121693V CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS DECEMBER 16, 1993 The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Mayor Russo 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 Deputy City Clerk called the roll and present were Mayor Russo, Vice Mayor Monroe, Councilman Jablin, Councilwoman Furtado, and Councilman Clark. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted on the City's Bulletin Boards. PRESENTATIONS George deGuardiola of the Military Trail Task Force, presented an update on the proposed changes to Military Trail. The task force would like to submit a more permanent solution to the County for consideration as an alternative to their recommendations. The proposal would change the width of existing lanes, making two 11 --foot wide lanes of through traffic and one lane 12 foot lane, with a 6 -foot lane for bicycle travel, and 9 feet to intermingle trees in cutouts of the sidewalk. Safety providers included would be green area, a few trees as cutouts still maintaining the sidewalk, and a bicycle lane. Vice Mayor Monroe expressed concern with the type of trees to plant, the constrained area for CITY COUNCIL REGULAR MEETING, 12/16/93 PAGE 2 planting, lack of water for trees, and suggested Council endorse the Task Force's recommendations, and request the county Commission to designate a staff member to work with someone from the City to look at the location of the driveways, determine the amount of green space, the amount of cutout space available, and to determine a cost estimate and implementation procedure. Councilwoman Furtado requested research be conducted to determine the cause of accidents at the corner of Holly Drive and Military Trail. It was the consensus of the Council to ask the County Commission to designate the appropriate staff member to meet with City staff to discuss opportunities for tree planting and to determine a cost estimate, and have the County staff schedule the item for an agenda and notify the City to participate in the discussion. Vice Mayor Monroe made a motion, seconded by Councilman Clark, authorizing the Mayor to send the request in the form of a letter to the County Commission. The motion was unanimously approved by the City Council. CALL FOR BIDS The City Manager opened Request for Proposals for Management and Operation of Palm Beach Gardens Municipal Golf Course, which was duly advertised 11/2893, 12/1/93 and 12/5/93, The following Request for Proposals were received, opened and read into the record: 1. PGA National Golf Management Company in the amount of CITY COUNCIL REGULAR MEETING, 12/16/93 PAGE 3 $50,000 annual base management fee less $8,333 for 1st two months plus 3% of gross annual revenue based on the formula as submitted. 2. James C. Tuller, PGA Golf Professional, Palm Beach Gardens with no price listed. 3. Don L. Kepler, with no price listed. 4. Dubin & Associates, base payment of $4,750 per month with additional incentives. 5. Glen Gates proposal to be hired as City employee at salary package equal to management personnel with similar responsibilities. Vice Mayor Monroe made a motion, seconded by Councilwoman Furtado, to remand the bids to the City Manager for review and recommendation to the City Council. The motion was unanimously approved by the City Council. ITEMS BY CITY MANAGER City Manager Herakovich introduced Kent Olson, Finance Director, who gave a presentation of Travelers' Retirement Investments. It was the consensus of the Council to terminate the program with Travelers' in order to get a better return on the investment. Options considered were withdrawal of the funds in five equal payments or a lump sum withdrawal of 95% of the current book value. The 95% option had been selected by the various pension boards. Councilman Clark made a motion, seconded by Councilwoman Furtado, authorizing the City Manager to terminate the contract with Travelers in accordance with the direction and wishes of the various pension boards. After consultation with City Attorney Baldwin, Councilman Clark withdrew his motion and Councilwoman Furtado withdrew the second to the motion. CITY COUNCIL REGULAR MEETING, 12/16/93 PAGE 4 Councilman Clark made a motion, seconded by Councilwoman Furtado, directing the City Manager to terminate the contract with Travelers on the terms of option 1, the 95% lump sum distribution. The motion was unanimously passed approved by the City Council. City Manager Herakovich announced the City's Gardens Art Program, which allows visiting artists to exhibit their work in City Hall and the Community Centers, had won a state competition for the National Parks and Recreation Association and will go on to regional and national competitions. The City Manager announced an Executive Session would be held at 8:00 A.M. on Monday, December 20, 1993, for the purpose of discussing union contracts. ITEMS BY MAYOR AND CITY COUNCIL There was a consensus of the City Council to approve donations of $1200 to Palm Beach Gardens Community High School and $800 to Dwyer High School for Project Graduation. Vice Mayor Monroe requested staff investigate the tennis lights at the Palm Beach Gardens Community High School not being turned on. Councilman Clark reported the Planning and Zoning Department would present a report of their review of the proposed standards on awnings and covered parking in the City next month. Councilman Clark stated he approved of CITY COUNCIL REGULAR MEETING, 12/15/93 PAGE 5 the concept of the proposed noise ordinance, however, felt some of the details regarding hours would need to be reviewed. Vice Mayor Monroe requested the issues of unamplified noise and building construction in multiple family units also be considered. Mayor Russo announced the Board of Regents had selected the site in Jupiter on Donald Ross Road for the proposed FAU campus. Mayor Russo announced two new businesses would be relocating to Palm Beach Gardens in the near future. After discussion, Vice Mayor Monroe made a motion, seconded by Councilman Jablin, to approve a $500 membership in the Palm Beach County Economic Development Council, with funds to come from Council Contingency. The motion was approved by a vote of 4 -1. Councilman Furtado cast the nay vote, as she felt the Economic Development Council had not done several things which they should have done. Mayor Russo requested discussion of code enforcement provisions be placed on the next agenda. COMMENTS FROM THE PUBLIC: Pat Hughey Pat Hughey of 9120 Reed Drive, Palm Beach Gardens, suggested a projector be used so the public would be able to better follow the Council's discussions of items such as the recent budget hearing. Ms. Hughey also inquired CITY COUNCIL REGULAR MEETING, 12/16/93 PAGE 6 whether the newly filled Assistant City Manager position was necessary since she was concerned with the tax dollars that would be spent on salary. Mayor Russo explained the position was not a newly created position, but had been vacant since February. Mayor Russo stated the Council felts tax dollars were saved by having positions filled with qualified personnel. Sam Carsillo Sam Carsillo suggested the Fire Chief should also investigate the helicopter pads at Good Samaritan Hospital. Vice Mayor Monroe announced that the Palm Beach Gardens Medical center would be building a new helipad, and plans would be submitted to the City for approval. Milton Stern Milton Stern, 24 Cayman Place, Palm Beach Gardens, requested the Council attend a meeting December 21 to support approval of the agreement between the County and DCA re: Jog Road. Robert Martin Robert Martin of 4128 Old Oak Drive, Palm Beach Gardens, asked whether the Council would be sympathetic to the annexation of Garden Oaks into the City. Vice Mayor Monroe gave a summary of the history of the annexation of Garden Oaks, which at one time had been annexed; however, the annexation had been rescinded because it did not meet the requirements of bordering the City boundaries properly, and land lying between the City limit and CITY COUNCIL REGULAR MEETING, 12/16/93 PAGE 7 Garden Oaks would have to be annexed also. CONSENT AGENDA Vice Mayor Monroe made a motion, seconded by Councilwoman Furtado, to approve the Consent Agenda items 1, 2, 3, 4, 6 and 8. The motion was unanimously approved by the City Council. The following items were approved on the Consent Agenda: 1. Approval of Minutes of Regular Meeting of 11/4/93 2. Approval of Minutes of Regular Meeting of 11/18/93 3. Approval of Minutes of Regular Meeting of 12/2/93 4. Approval of Minutes of Workshop Meeting of 12/9/93 6. Resolution 144, 1993 - Appointing an Assistant City Manager for the 1993/1994 Fiscal Year S. Resolution 152, 1993 - Approval of revised financial procedures. PUBLIC HEARINGS RESOLUTION 149, 1993 Mayor Russo declared the Public Hearing open on Resolution 149, 1993, requesting a variance to Harbor Financial Center re: signage, as duly advertised 12/1/93. The petitioner, an employee of Sign Craft Sign Company of West Palm Beach representing the firm of Slawson & Glick, described the proposed sign and requested hardship be considered since the office of the petitioner was not visible at the entrance to the building where it was located at Harbor Financial Center a /k /a Harbor Shops. After discussion, it was the consensus of the Council that not enough hardship had been displayed to grant the requested signage variance. There being no further comments from the public, Mayor CITY COUNCIL REGULAR MEETING, 12/16/93 PAGE 8 Russo declared the Public Hearing closed. Vice Mayor Monroe made a motion, seconded by Councilman Clark, that the variance requested per Resolution 149, 1993 be denied. The motion was unanimously approved by the City Council. ORDINANCE 25, 1993 City Attorney Baldwin advised the Council that Ordinance 25, 1993 would need to be re- advertised and therefore, was removed from the Public Hearing section of the Agenda. RESOLUTION 143, 1993 RESOLUTION 148, 1993 RESOLUTION 150, 1993 Vice Mayor Monroe made a motion, seconded by Councilwoman Furtado, to approve Resolution 143, 1993, amending the amount of interim service and facilities fees. The motion was unanimously approved by the City Council. After a brief discussion, Vice Mayor Monroe made a motion, seconded by Councilman 3ablin, to approve Resolution 148, 1993, adopting the ICMA Retirement Corporation Deferred Compensation Plan. The motion was unanimously approved by the City Council. Vice Mayor Monroe made a motion, seconded by Councilwoman Furtado, to approve Resolution 150, 1993, supporting CITY COUNCIL REGULAR MEETING, 12/16/93 RESOLUTION 151, 1993 RESOLUTION 153, 1993 PAGE 9 Student Crime Stoppers Program. The motion was unanimously approved by the City Council. Vice Mayor Monroe stated she would not participate in the discussion and /or voting on Resolution 151, 1993, because of a conflict re: the connection between Palm Beach Gardens Medical Occupational Health Services contract and Palm Beach Gardens Medical Center. Councilman Clark made a motion, seconded by Councilwoman Furtado, to approve Resolution 151, 1993, approval of Palm Beach Gardens Medical Occupational and Health Services Contract, with the last sentence in paragraph two of the contract changed to read "The current fee for service schedule covering most required services is attached." The motion was approved by a vote of 4 - 0, with Vice Mayor Monroe abstaining. Councilman Clark made a motion, seconded by Councilwoman Furtado, to approve Resolution 153, 1993, appointing a City Attorney for the 199311994 Fiscal Year, with the following amendments: In Item 1 after the words "The City shall employ" insert "Thomas J. Baird of the firm of Watterson, Hyland, Baird & Klett, P.A." and continue with the existing language of "as its City Attorney, etc. "; to change item 3 (g) under Compensation to read "If the CITY COUNCIL REGULAR MEETING, 12/16/93 contract is terminated without due cause the balance of the retainer set forth in Section 3 above shall be paid in full "; and Item 3 (f) would be entirely deleted and subsequent item(s) re- numbered. Vice Mayor Monroe and Mayor Russo voiced concern regarding possible conflicts that could arise since this law firm also represented the Town of Jupiter. The motion was approved by a vote of 4- 1, with Vice Mayor Monroe casting the nay vote for reasons previously stated. ORDINANCE 25, 1993 Per a consensus of the City Council, the Deputy City Clerk read, on first reading, Ordinance 25, 1993, an ordinance of the City of Palm Beach Gardens, Florida, amending Ordinance 5, 1989, which created "Golf Estate Villas ", a planned unit development, by providing for a one -year time extension for issuance of building permits for the development in the planned unit development. ITEMS FOR DISCUSSION RESOLUTION 146, 1993 Melba Hardy, Principal of St. Mark's School, stated St. Mark's had not initiated the request for use of the City's park located at "The Oaks ". City Manager Herakovich stated a resident had inquired why St. Mark's school students could use the public parks without express permission of the City Council, when the zoning code required it. It was the consensus of the Council that an agreement be drafted by the City Manager to be CITY COUNCIL REGULAR MEETING, 12/16/93 PAGE 11 presented at a later date, and that Resolution 146, 1993 be withdrawn. GARDENS EAST PLAZA PUD REINSTATEMENT This item was withdrawn at the request of the petitioner. SOVEREL HARBOUR TEMPORARY LANDSCAPING Rich Walton, Planning & Zoning Director, presented background information to the Council for the petitioner's request for approval for temporary landscaping. The petitioner, James Brindell, agent for 2KS Development Company, Inc. stated the new temporary landscaping had been an improvement over the prior plants and did not see the necessity for a wall in the temporary landscaping plan. Code requires a structural barrier and /or berms for screening, except in non - conforming areas, and the petitioner felt this area was non- conforming. It was the consensus of the Council that the new City Attorney address this issue and work with staff and return to Council with either a resolution for approval or if staff felt there was a major problem, to consult with City Manager, so this matter could be resolved. In addition, staff is to review approved PUD site plan and determine if it would be acceptable to install the approved palms and berms at this time. CLARIFICATION OF AMENDMENTS TO ORDINANCES 21 AND 22, 1993 City Manager Herakovich stated clarification of amendments to Ordinance 21 and 22, 1993, were necessary as staff felt Council's direction was unclear. CITY COUNCIL REGULAR MEETING, 12/16/93 PAGE 12 Martin Perry, attorney for Petitioner, read from written notes he had taken at the meeting to refresh the Councils' memory. It was the consensus of the Council with the concurrence of city Attorney Baldwin, that the monetary amount of $120,000 within Ordinance 21, 1993, be changed to $112,000, to correct an error in mathematics. As to the question of whether the City Council had agreed to a 4 -year time span to complete infrastructure with an extension of two years, or a 2 -year time span to complete infrastructure with an extension of two years, it was the consensus of the Council that Mr. Perry would meet with the City Clerk the next morning to listen to the tape of the meeting to determine which length of time was approved. BALLENISLES COUNTRY CLUB REQUEST FOR TIME EXTENSION FOR USE OF TEMPORARY SALES MODEL It was the consensus of the Council that a six -month time extension should be granted to Ballenlsles Development Company for the demolition of the temporary model within Ballenlsles Planned Community District, which would be placed on the next City Council Consent Agenda. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 11:21 P.M. CITY COUNCIL REGULAR MEETING, 12/16J93 APPROVAL. MAYOR JOSEPH R. RUSSO VICE - -MAYOR LINDA—_ ROE i COUNCILMAN ERIC JABL a r �''` -. f.✓ / , r cpt_ _t yr/ COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK ATTEST: EXA M. RIEF, DEPUTY CITY CLERK PAGE 13 FORM BB MEMORANDUM OF' VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICER IASI:NAMF IIRSINAMI MIDDIPNAME NAM: OFBOARD.C' 11 IN( 11..0 OMMISSION .AUIHORIIY.OR COMM III EE 6X12© .e _ / -� n ct ccJ n %TAILING ADDRPSS 1 HF BOAR[/. COUNCIL COMMISSION. A111 HORIIY OR COMMITTEE ON � % % { WHICH 1 SERVE IS A UN11 "OF': 4T� t 0 (/" IQ( �:�- / /we-6 4XIIY O COUNTY O 01 HER LOCAL AGENCY C COUNTY NA E OF I'OI.ITICApx� BDI� N: DATE ON WH���,, -1-1 VO'r : OCCUR/RFI.) 1 /� M kMY POST ION ELECTIVE D APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or xNritten communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: m5 You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CE FORM RB- 1.91 PAGE 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the min of the meeting, who should incorporate the form in the minutes. Ll yy D ISCLOSURE OF LOCAL OFFICER'S INTEREST I, `nd cc-) h? �e-e1 , hereby disclose that on r/�/ 19 : (a) A measure came or will come before my agency which (check one) inured to my special private gain; or %� inured to the special gain of �d � ��yl�/� 61AZ6 V-5 J`/� %/% 16iz- (.�� "�'C by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: L 6ow)-)b1Zi 'W'' 77f� �CGl%��37 r��1�i Tii 512 V �3 11-7 zfl� �rti / S ��i Li f3� � >T�y '77j� �✓h� �����/�- ��'�?�?� k /a- Q2 -y3 Date Filed S1fgn ture NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOW10: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION 1N' SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM XB - 1-91 PAGE 2