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ITEMS BY THE
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CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
AUGUST 5, 1993
7:30 PM
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 PM, 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
Russo, Vice Mayor Monroe, Councilwoman Furtado and
Councilman Clark. Councilman Jablin arrived at 8:10 PM.
Mayor Russo stated the announcements were as posted on
the City's Bulletin Boards.
Jeff Ornstein, Vice Chairman of the Space Allocation
Committee reported on master plans and studies to date
for the expanded police department premises and the new
City Hall. The City Council expressed no problems with
proposals and requested cost estimates.
City Manager Herakovich advised the City Council she
received a letter from Ernst & Young, the City's audit
company, stating they would continue the audit services
for $38,000. The City Manager recommended the City go
out for bids for the fiscal year 1993/1994. Mayor Russo
also suggested that the Ernst & Young engagement letter
indicate what year (this year) would he covered prior to
signing an agreement.
City Manager Herakovich advised the city Council there
had been a fatal accident at the corner of Burns Rd and
Gardens East Drive. According to the County's traffic
study, it was determined by the County that a traffic
signal was not needed at that intersection. At this
point, the corner is still being monitored and the cost
of a signal light would be between $40,000 and $50,000,
flashing lights $30,000 and advanced flashing lights
saying "dangerous intersection" (or other such wording)
$8,000 - $12,000. The City Manager requested the
authority to enter into discussions with the County re:
an interlocal agreement for costs and maintenance of the
poles to encourage the County to reconsider a light at
that intersection. It was the consensus of the City
Council that the City Manager proceed with these
discussions.
City Manager Herakovich also advised that several City
residents had talked to her about the PGA Blvd expansion,
expressing concern about how close the road would be to
their back yards. Also, regarding light poles, the City
Manager reported it was difficult to pin down prices with
FP &L but would like to proceed with an agreement for PGA
Blvd. Concrete poles would be more expensive, look
better and last longer; wood would be the other option
for the poles. Also to be considered would be
maintenance, underground wiring and continuing electric
costs for the lighting. The City Manager recommended the
CITY COUNCIL, REGULAR MEETING OF AUGUST 5, 1993 3
costs for PGA Blvd be considered with the budget and
local- option gas tax among other items being charged to
that account to determine what the City can afford and
report back to the City Council.
City Manager Herakovich also advised of a rate workshop
meeting to be held Monday, September 3rd at 3:30 PM at
Seacoast's offices to discuss alleged inequities in the
water rate system. It was reported that condo owners
appear to pay less than residential owners in per gallon
cost. The City Manager stated she would not want to see
an increase in rates to City residents as she felt the
rates were already high enough.
City Manager Herakovich also reported that the County
requested City staff meet concerning the interlocal
agreement regarding annexation of pocket areas to discuss
the City's progress, which agreement expires October 1st.
The City Manager would like to have a workshop scheduled
and report to the City Council on the pocket areas, what
the City has done so far, what did and didn't work and
get direction from the City Council before meeting with
the County. Mayor Russo stated that, under that
agreement, the City tried to annex certain areas that did
not desire to become a part of the City of Palm Beach
Gardens. There were also problems with the roads in
these areas. Mayor Russo reminded the City Council that
the City barely has enough services at this point in time
CITY COUNCIL, REGULAR MEETING OF AUGUST 5, 1993 4
to handle the needs of the City. He stated the City must
make sure that the areas the City annexes would be able
to fit within the system and pay the rate so the City
would not have to do improvements to those additional
areas. The City Attorney advised that there was a change
in the method of annexation: if the land to be annexed
does not exceed 5% of the territorial area of the City or
the annexed lands do not contain qualified electors in
excess of 5% of the total electors of the City, then the
annexation election is held only in the annexation
territory. Above 5% would require an election in both
areas. With regard to efforts to annex pockets, the City
Attorney reminded the City Council that efforts were made
to annex those pockets. The County's legal department is
concerned primarily about Steeplechase, which agreement
expires on September 5th. The City Attorney requested
the City Council provide direction to the City Manager on
what action to take and how to report on what action the
City has taken to accomplish this agreement and whether
the agreement needs to be extended. The City Manager
will look into this and report back to the City Council
at the next meeting.
ITEMS BY THE MAYOR
AND CITY COUNCIL
Councilwoman Furtado
Councilwoman Furtado requested staff send two street maps
to the MPO to assist with one of their projects. The
CITY COUNCIL, REGULAR MEETING OF AUGUST 5, 1993 5
Vice Mayor Monroe
local transit service has gone over all the routes that
are not working and restructured all the routes. The
changes affecting the City would involve a maximum of 1/2
mile walk to a bus stop and does a much better job of
servicing this area. These changes are not finalized yet
and would depend on the gas tax being proposed by the
County Commissioners.
Also, Councilwoman Furtado mentioned it was brought to
her attention the City has two mini - pumpers in the fire
department that, according to the odometers, are rarely
used. She requested information re: if they are
dispensable, and if they could be traded -in or sold to
put money towards the budget. Vice Mayor Monroe
requested that the Fire Chief report on this.
Vice Mayor Monroe reported she attended the Sign Code
Committee meeting and commended the members on their
efforts. One comment of the committee was about the
City's Public Works Department and Vice Mayor Monroe
asked that staff look at the City Code to determine if
there were any code violations there. Regarding the
landscaping, City Manager Herakovich advised that the
City has two years to be in compliance with the City's
landscaping code and stated there are two buildings that
need additional landscaping. She had directed the City
Forester to work on these compliance problems.
Also, Vice Mayor Monroe reported that the Military Trail
CITY COUNCIL, REGULAR MEETING OF AUGUST 5, 1993 6
Task Farce had two people from the County's traffic
division come in and discuss design criteria, alterations
to Military Trail, etc. When the County made Military
Trail six lanes, they knew they would need only four
lanes to start but would need six lanes at build -out, so
it was more cost - effective to do all six lanes at one
time. In the meantime, one suggestion was to block off
one outer lane on the east side, northbound. The County
is doing cost estimates, Vice Mayor Monroe stated a
letter was written to the task force by a resident who
lives on Military Trail who had been attending all the
meetings. Her concern was with a local newspaper article
written by Barry Merman, who was also a member of the
Task Force at that time, and she felt he shouldn't be on
the Military Trail Task Force. Because members are
appointed by resolution, Vice Mayor Monroe asked the City
Council what their feelings were regarding this request.
Mayor Russo felt Mr. Merman had done a lot of work in
this area, gave his true studied opinions and the City
was fortunate to have him and other qualified people
sitting on that committee. After discussion, it was the
consensus of the City council that no action would be
taken at this time.
Vice Mayor Monroe also requested that the City Council
direct that, if a committee member has a time crunch that
prevents the person from attending the meetings (not a
CITY COUNCIL, REGULAR MEETING OF AUGUST 5, 1993 7
Councilman Clark
one -time problem), the member should relinquish his /her
position on the committee.
In looking at ways to cut costs, Councilman Clark felt it
important that the City take a hard look at what services
the departments deliver to the City. As an example
Councilman Clark discusses landscape maintenance, stating
there are a lot of outside companies that do this type of
work and may be more cost effective for the City to put
jobs like this out for bid. Vice Mayor Monroe thought
staff could research at what was being done by other
municipalities in this area. Also, Mayor Russo felt that
it was not important to compare the City's Department
heads' salaries with those of other municipalities, but
how much the staff could save the City and how much work
they could handle. City Manager Herakovich stated she
would put some information together for review by the
City Council.
Councilman Jablin It was reported by Councilman Jablin that he attended the
last meeting of the Landfill Committee. However,
attendance was mainly by concerned citizens and only one
committee member. Councilman Jablin stated he had tried
to meet with this committee on many occasions and was
thwarted in his efforts. Councilman Jablin stated he
would make another effort to arrange a meeting of this
committee. Mayor Russo voiced his concern about the lack
of control, cancellation of a meeting without notifying
CITY COUNCIL, REGULAR MEETING OF AUGUST 5, 1993 8
Mayor Russo
Councilman Jablin and that the committees publishing
reports without the City's authorization. Councilman
Jablin advised that the news article contained incorrect
data and one official was very upset that his name was
used in conjunction with such a report.
Mayor Russo reported that he attended the Municipal
League Meeting. Two items from that meeting were on this
meeting's agenda. Also, the Municipal League is going to
try to spearhead a drive to raise dollars for the flood
victims. Mayor Russo also thanked Milton Stern who was
able to set up a meeting for Mayor Russo with 40 -50
residents of PGA National regarding the finances and the
taxes of the City.
Mayor Russo referred to the report on the golf course.
He thanked George Quinteras for the report the City
received at no cost.
Mayor Russo also advised that Bill Brant planned to
retire shortly and thanked him for his years of sitting
with the City Council. The Mayor also directed the City
Manager start the procedure for finding a replacement
attorney to fill this September 30th vacancy. If the
position is not filled by then, the current City Attorney
will see that the position is filled on a temporary
basis.
COMMENTS FROM THE
PUBLIC Mayor Russo stated he had received a petition from
CITY COUNCIL, REGULAR MEETING OF AUGUST 5, 1993 9
Mark Golden
Milton Stern
residents of JDM - BallenIsles community to delete their
sidewalks and they were in the audience to speak on this.
Mark Golden of 159 Windward Drive, addressed the City
Council, requesting sidewalks not be required in his
development. Mr. Irvin Swieber of 121 Windward Drive,
addressed the City Council, stating his apposition to the
sidewalk requirement. Mayor Russo proposed that this
problem go back to Staff for recommendation and discussed
at a future council meeting. Vice Mayor Monroe had no
problem with this as long as the developer didn't mind
not getting any more C.O.'s while this was pending.
Councilwoman Furtado felt that, if the guideline is to
have sidewalks for safety purposes, they should be put
in. It was the consensus of the City Council that staff
review this and report back in two weeks or at the
meeting to be held the first week of September. Mayor
Russo also stressed that it is important a developer put
in sidewalks immediately, not after residents purchase
homes, so buyers know what they are getting.
Mr. Milton Stern of 24 Cayman Place in PGA National spoke
on the budget and tax increase for next year. He stated
CAN will be holding on a meeting on September 1st and
will invite all the residents of Palm Beach Gardens to
participate and hear the Mayor speak on the City's
proposed budget. He hoped all those present would
attend.
CITY COUNCIL, REGULAR MEETING OF AUGUST 5, 1993
10
--CONSENT AGENDA Vice Mayor Monroe made a motion seconded by Councilwoman
Furtado, to approve the Consent Agenda without items 4,
5 and 6. Motion passed unanimously. Items approved
were:
1. Approval of Minutes of City Council 7 -15 -93 Regular
Meeting.
2. Proclaiming September as Literacy Awareness Month.
3. Resolution 82, 1993 - Appointing a member to the
Firemen's Retirement Trust Fund Board of Trustees
to fill the unexpired term of John Copeland.
4. Resolution 102, 1993 - Approval of Interlocal
Agreement between the City and State DOT re:
participation in coordinated, comprehensive
transportation planning process.
ITEM FOR DISCUSSION
Mayor Russo announced that, since the City Council had to
adjourn their last meeting prior to discussion by Steve
Mathison, that item would be handled at this point in
time.
Blockbuster Video Attorney Steve Mathison stated he represented Blockbuster
Video and that they would be seeking site plan approval
for one of the out - parcels within the existing Promenade
Plaza. The PUD for the Promenade Plaza had expired and
an application was filed to reinstate that approval. At
this meeting, the City Council would be considering an
overall policy with respect to concurrent processing of
sites, specific approval within DRIs, PCDs or PUDs.
Attorney Mathison stressed, however, that this was not a
new development or an amendment. It was 90 -95% built out
and the parcel in question was the old Community Savings
Bank location. Blockbuster Video wished to get into and
CITY COUNCIL, REGULAR MEETING OF AUGUST 5, 1993 11
out of this process as quickly as possible and was
willing to hold the City perfectly harmless in case of
denial.
Bristol Ellington, City Planner, stated there are
concerns whether the City wanted an 8,000 S.F. building
on this site. It was approved originally for a 3,600
S.F. bank facility. Attorney Mathison stated they would
like to take the concurrency which was now established
and take this PUD reinstatement and at the same time take
care of both the Kenny Rogers Chicken site and the
Blockbuster site so it can be viewed as a whole. Mayor
Russo specifically asked if the City would be sued if it
did not procedurally do something the developer wanted.
Attorney Mathison said the affidavit states the City will
be held absolutely harmless in the event this Blockbuster
Video site is denied because of the denial of the overall
PUD petition.
Regarding the concern of the City Council of being liable
to lawsuit, the City Attorney advised that, with the
affidavit as signed, if the City Council turned them down
after following its usual policy, reliance on staff
reports, conclusions and came to a decision without any
arbitrary action, he did not see that any legal harm
could come to the City. Attorney Mathison restated, upon
Mayor Russo's inquiry, that they would definitely not
litigate the City's denial of the PUD. After discussion
CITY COUNCIL, REGULAR MEETING OF AUGUST 5, 1993 12
PUBLIC HEARING
ORDINANCE 10,1993
RESOLUTION 86, 1993
by City Council members, it was the consensus of the City
Council that Attorney Mathison proceed with filing the
PUD application.
Mayor Russo declared the Public Hearing open which was
duly advertised and held in the intent of Ordinance 10,
1993, amending section 159.057, churches and approving
use of churches as a conditional use in all zoning
districts of the City which are presently authorized.
There being no comments from the public, Mayor Russo
declared the Public Hearing closed.
Vice Mayor Monroe made a motion that Ordinance 10, 1993
be placed on second and final reading by title only.
seconded by Councilwoman Furtado. Passed unanimously.
The City Clerk read the proposed Ordinance, by title
only. Motion to adopt Ordinance 10, 1993 was made by
Vice Mayor Monroe; seconded by Councilman Jablin. Passed
unanimously.
After discussion, a motion was made by Councilman Clark,
seconded by Councilwoman Furtado to approve the
Resolution 86, 1993 appointing to the Code Enforcement
Board N. Lee Jebb, Capt Mario Pagano and Raymond J.
Ludwig for a term of 3 years which term shall expire 11-
20--95; and appointing James K. Faust and Michael J.
Posner to a 3 -year term expiring 3 -5 -96. Approved
unanimously.
CITY COUNCIL, REGULAR MEETING OF AUGUST 5, 1993
` RESOLUTION 88, 1993
RESOLUTION 90, 1993
13
It was the general consensus of the City Council that
voting on this Resolution would be postponed until the
next meeting.
Bristol Ellington, City Planner, suggested that the
requested colors of teal and white be approved but also
recommended, as an alternative, dark green color in case
the City Council did not wish to approve the teal color.
Some changes were also requested by the developer for
ground signage and tenant signage. Additionally,
informational signage was requested, but this signage was
not addressed in the Sign Code and needed to be reviewed
by the City Council. Mr. Jeff Lis, representing
Prosperity Centre, explained the signage needs and
locations within the property. Mr. Lis also requested
the four major tenants retain their own distinctive
color /style and have the opportunity to state their own
reasons for retaining their style. It was the general
consensus of the Council, that the teal color would be
deleted; the trim would be navajo white and the lettering
would be red. Other items of signage were discussed and
it was agreed that the Resolution would be reworked and
put on the Consent Agenda at the next City Council
Meeting. Mr. Lis was given the go -ahead to repaint the
trim navajo white and to allow the tenants to put in
CITY COUNCIL, REGULAR MEETING OF AUGUST 5, 1993 14
their orders for signage as agreed.
RESOLUTION 91. 1993
The City Council discussed Resolution 91, 1993,
_-
objecting to Palm Beach County Wetlands Protection
Section of the Unified Land Development Code. Mayor
Russo stated the Municipal League felt very strongly
that they have an agreement with the County Commission
that no new ordinances would be adopted county -wide
without the cities having the ability to opt out. The
issue is not environmental but, rather, whether the
cities should have the right to opt out. Motion to
approved resolution 91, 1993 was made by Councilman
Clark, seconded by Councilman Jablin and passed
unanimously. Since Mayor russo would be out of town on
the 17th, he requested elected officials go to the
County Commission meeting and voice their objections to
this.
RESOLUTION 92, 1993
This Resolution was tabled until the next meeting.
RESOLUTION 93, 1993
This Resolution will be temporarily tabled for
additional input.
RESOLUTION 94, 1993
DUE TO A PROBLEM WITH THE TAPE RECORDER NOT
AUTOMATICALLY GOING FROM TAPE 2 TO TAPE 3, THE FOLLOWING
IS A CORRECT REFLECTION OF THE ACTION OF THE CITY
COUNCIL.
George A. Pincus stated he represented LaPorte
Investments which was the owner of the remaining 7 lots
and stated those lots are a part of Frenchmen's Creek
even though they are located on the east side of
Prosperity Farms Road. They wished to change the number
of units to five single - family homes instead of seven
townhomes. After discussion, it was agreed that this
would be put on the Consent Agenda at the next meeting
if all the required paperwork were provided by Mr.
CITY COUNCIL, REGULAR MEETING OF AUGUST 5, 1993 15
Pincus prior to that meeting. vice Mayor Monroe
requested that those two units that are being deleted,
as far as the DRI is concerned, be taken out of the
system so they are not counted as units in North County.
RESOLUTION 95, 1993 DUE TO A PROBLEM WITH THE TAPE RECORDER NOT
AUTOMATICALLY GOING FROM TAPE 2 TO TAPE 3, THE FOLLOWING
IS A CORRECT REFLECTION OF THE ACTION OF THE CITY
COUNCIL.
Vice Mayor Monroe made a motion, seconded by
Councilwoman Furtado, to approve Resolution 95, 1993,
accepting and approving a reorganization of city
government for the balance of fiscal year 1992 -1993 by
consolidating certain employment positions and by
instituting a hiring freeze for vacant positions in
accordance with the Merit System Board rules and
regulations. The motion was unanimously approved by the
City Council.
RESOLUTION 96, 1993 Mayor Russo stated the Council had instructed him to
discuss and negotiate with City Manager Herakovich on a
salary agreement. It was negotiated that she would
start out at a salary of $70,000 /yr and in six months,
if she performs as expected, the salary would be
increased $5,000. Also, because the City Manager will
be moving into the City, that the City should offer her
reasonable moving expenses. Additional details were
provided in copies of the contract previously
distributed to City Council members. After review,
modifications to the contract were as follows:
1. Under "RESIDENCE ", the wording should be
changed to read that the City Manager must
be a resident of the city within the first
year of the second term.
2. Under "COMPENSATION ", Paragraph A., change
$70,0000 to $70,000.
CITY COUNCIL, REGULAR MEETING OF AUGUST 5, 1993 16
3. Under "COMPENSATION ", Paragraph B.1., during the
first year, the participation /pension should be
one or the other, not both.
4. Under "COMPENSATION ", Paragraph B.3., the intent is
that the City Manager pay the same $80 rate as for
City Employees.
5. Under "COMPENSATION ", Paragraph B.4., change the
wording "for City employees" to "as for General
employees."
6. Under "PERFORMANCE EVALUATION ", change "on or
before the anniversary date" to "on or before
September 30th ".
7. Paragraph A. under "SEVERANCE OR TERMINATION
BENEFITS" needs to be made consistent with the
no i ica ion period stated under "TERMINATION ",
Paragraph C. and show 11120 days ".
After further discussion, Councilman Clark suggested
staff check to see how other jurisdictions handle pension
compensation. The City Attorney recommended a vote be
taken at this meeting, deleting 13 above and delaying
that portion of the contract until the next meeting. As
for the Charter, the City Attorney said the Charter is
very clear that the Manager is appointed each year and at
that time you set the schedule. The City Attorney felt
the City Council must keep in mind that it will reappoint
by subsequent Resolution, however, the contract must be
on an annual basis. Motion was made to approve this
contract with the changes as recommended and the
withdrawal of #3 above, known as "COMPENSATION, B. 1. ",
by Councilman Clark, seconded by Councilwoman Furtado and
passed unanimously.
RESOLUTION 97, 1993
The City Manager recommended Sue Ruskay be hired as
CITY COUNCIL, REGULAR MEETING OF AUGUST 5, 1993 17
permanent Director of Parks & Recreation, which position
she had held on a temporary basis for the past five
months. Motion was made by by Vice Mayor Monroe to
approve Resolution 97, 1993 with Sue Ruskay filling the
position at an annual salary of $45,000 effective August
6, 1993. Seconded by Councilwoman Furtado and passed
unanimously.
RESOLUTION 98, 1993
City Manager Herakovich recommended Bob Patty for the
position of Public Works Director. Motion was made to
approve Bob Patty for the position of Public Works
director effective August 6, 1993 at a salary of
$48,000 /yr by Vice Mayor Monroe. Seconded by
v Councilwoman Furtado. Passed unanimously.
RESOLUTION 99, 1993
RESOLUTION 98, 1993
Motion was made by Vice Mayor Monroe to approve
Resolution 99, 1993, approval of an Interlocal Agreement
between Palm Beach County and the City re: Local Option
Gas Tax; seconded by Councilman Clark. Resolution 99,
1993 was unanimously approved.
It was brought to the City Council's attention that the
wrong commencement date had been approved for the
position of Public Works Direct. Therefore, motion
was made to reconsider Resolution 98, 1993 by Vice Mayor
Monroe. Seconded by Councilman Jablin. Passed
CITY COUNCIL,
REGULAR MEETING OF AUGUST 5, 1993 18
unanimously.
Motion was made that Resolution 98, 1993 be approved as
previously noted with the exception that the effective
date will be August 21, 1993. Seconded by Councilman
Jablin. Passed unanimously.
ORDINANCE 12.
1993 Vice Mayor Monroe made a motion to place Ordinance 12,
1993 on first reading by title only. Seconded by
Councilman Clark. Passed unanimously. The City Clerk
read the Ordinance by title only.
ORDINANCE 13.
1993 Vice Mayor Monroe made a motion to place Ordinance 13,
1993 on first reading by title only. Seconded by
Councilwoman Furtado. Passed unanimously. The City
Clerk read the Ordinance by title only.
"ORDINANCE 14.
1993 A motion was made by Vice Mayor Monroe to place Ordinance
14, 1993 on first reading by title only. Seconded by
Councilman Clark. Passed unanimously. The City Clerk
read the Ordinance by title only.
ITEM FOR DISCUSSION
Mediplex PUD The City Council agreed with the determination of the
City Manager that the petitioner did not need to go to
the Department of Community affairs for an amendment to
the PCD, City staff requested petitioner submit
documentation holding the City harmless should they be
delayed by being challenged.
RESOLUTION 100. 1993
The City Council discussed Resolution 100, 1993,
CITY COUNCIL, REGULAR MEETING OF AUGUST 5, 1993 19
amendment to North County Regional Library PUD. The
petitioner was requesting a change with a strip of land
being incorporated into the PUD. Also, the intention was
to place a retention area at the SE corner of the site
which caused concern to the Planning & Zoning Department.
Bristol Ellington, City Planner, recommended that the
petitioner return prior to the issuance of the Building
Permit for approval of a landscape plan that addressed
their concerns about the SE corner. Also, regarding
elevation, Mr. Ellington pointed out the petitioner
wanted one continuous gable roof. Regarding condition
#1, the petitioner agreed to continue one of the buffers
in order to start bidding the project and go forward.
Mr. Ellington therefore agreed to recommend that
condition be revised to indicate that landscape plans be
reviewed and approved by the City Forester or the City
Manager prior to issuance of the Building Permit. Motion
was made by Councilman Jablin to approve Resolution 100,
1993. Seconded by Councilwoman Furtado. Passed
unanimously.
ADJOURNMENT There being no further business to discuss, the meeting
adjourned at 11:25 PM.
CITY COUNCIL, REGULAR MEETING OF AUGUST 5, 1993
l
APPROVAL
MAYOR RUSSO COUNCILMAN 3ASLIN
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VICE MAYOR MONROE —�OUNC W6kAN UR&E 0
—�� COUNCILMAN CLARK
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L,-rINI(A V. KOSI$R; CMC, CITY CLERK
20