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HomeMy WebLinkAboutMinutes Council 080593Roll Call Announcements — Presentations ITEMS BY THE nYmv --l— 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 -„1 Lam; / ��f -I� VICE MAYOR MONROE —�OUNC W6kAN UR&E 0 —�� COUNCILMAN CLARK '��i���� ,lam• i���/-� L,-rINI(A V. KOSI$R; CMC, CITY CLERK 20