HomeMy WebLinkAboutMinutes Council 070193r
J
CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
JULY 1, 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.
Roll Call The City Clerk called the roll and present were Mayor
Russo, Vice Mayor Monroe, Councilman Jablin, Councilwoman
Furtado and Councilman Clark.
:announcements
ITEMS BY THE
Mayor Russo stated the announcements were as posted on
the City's Bulletin Boards. Mayor Russo welcomed the Boy
Scouts present in the audience as they are getting their
merit badges for Community activity.
Acting City Manager Bobbie Herakovich advised the Council
that there is now a GIS (mapping) computer system in-
house. Staff is in process of learning the system and
will need to purchase a few programs. Vice Mayor Monroe
was concerned the City might be duplicating work now
being done by the County. She would also like to see
staff contact the County to see if they have any
information we could use. Also discussed was the
CITY COUNCIL REGULAR MEETING OF 7 -1 -93 2
possibility of hiring a part -time or full -time data entry
person to do the detail work in house instead of paying
outside engineering fees. That will be looked into over
the next couple of months during the budget process.
Acting City Manager Herakovich stated she and Rich
Walton, Director of Planning and Zoning, met with the
County Planning staff regarding the Library. The County
expects to award the contract in September; bids have
already been awarded for the road construction. The City
is still working with the County to get some right -of -way
dedications and sign offs on landscaping and such issues.
The County's application has started through the City's
formal process.
Acting City Manager Herakovich advised the City Council
that Reverend John Muntz, a member of the Merit Board,
will be leaving the Community. This Board will have a
formal recommendation to the City Council to move Ben
Benowitz up from alternate to a regular position.
However, this would leave two alternate positions
vacant. Herakovich stressed the necessity of receiving
nominations prior to the next City Council meeting, as
the Merit Board has some important meetings that require
a quorum.
The Acting City Manager also reported that the Police
auction brought in $17,000+ with a little over $2,800 to
CITY COUNCIL MEETING OF JULY 1, 1993
3
be deposited in the Law Enforcement Trust Fund. She
asked that the Police and Public Works Department be
commended for the hard work they put into that auction.
Acting City Manager Herakovich reported that it may be
necessary to update the policy for drug abuse assistance
under the Employee Assistance Program. As of right now,
out - patient service is not covered by insurance. If
included under the new insurance coverage recently
approved by the City Council, it would cost an additional
$7,771 to cover alcoholism and drug abuse; and the same
amount to cover mental and nervous assistance, for a
total of $15,542.00. It was the Acting City Manager's
recommendation that the City reimburse an employee up to
$2,000 rather than add the expense to the insurance
policy. Councilwoman Furtado said that alcohol and drug
dependency are considered a disease by today's standards
and should not be treated any differently. Vice Mayor
Monroe asked if the new policy covered mental health and
was advised it did. She then suggested just the
alcoholism /drug abuse portion of the expense be added to
the new policy. Mayor Russo suggested that, after one
year, the City Council could evaluate the insurance and
identify the trend of expenses and use. It was the
general consensus of the City Council to add both
insurance coverages to the new policy and evaluate the
usage and costs in one year.
CITY COUNCIL MEETING OF JULY 1, 1993 4
Acting City Manager Herakovich also advised the City
Council that she and staff had met with Florida Power &
Light and other interested parties to determine the cost
of lighting the south side of Northlake Blvd and also PGA
Blvd. Prior to the budget meeting, she would present
information in a Workshop Meeting to advise the City of
what roads would require this work.
ITEMS BY MAYOR AND
Vice Mayor Monroe Vice Mayor Monroe requested that everyone send in their
letters and postcards to FAU for the Planning Forum
as a head count is needed. Yesterday, the group net for
3 -1/2 hours to determine the participants. List will be
out next week.
Councilman Jablin Councilman Jablin mentioned how well he felt the Town
Meeting turned out last Monday, stating he received good
input and reaction by the City residents who attended.
Mayor Russo said, too, that it seemed to be a success
and the general feeling of the public was that caution
was needed in the area of taxes. He felt everyone in
attendance was in favor of the taxes being increased to
meet Police Department, etc., needs, but the general
public who were not present will not understand the need
to increase taxes. Councilman Jablin made a suggestion
the annual Town Meeting be made a requirement in the City
Charter and aired on Adelphia Cable TV which would allow
CITY COUNCIL MEETING OF JULY 1, 1993 5
people to learn about their City from their homes. Vice
Mayor Monroe directed staff to contact the cable company
to determine cost to bring someone in to put this public
forum together in a professional way. Milton Stern, in
the audience, said he could report back on how much it
would cost to televise the debate.
Mayor Russo reported that, as they are not a member of
the Economic Council, he felt the Council should look
into being a member of that group in order to improve the
City's economic base with new business growth. Acting
City Manager Herakovich will contact the Economic Council
to determine the cost.
Mayor Russo said he attended the Planning Board Meeting
last week and stated he was concerned that the City does
not have an attorney representing the City at those
meetings. He felt it important the City not get into a
situation where these volunteer people are thinking
they're doing the best thing possible but say something
that in effect gets the City into a lawsuit. The City
Attorney stated he would be ready and willing to serve,
if so authorized by the City Manager and the Council is
amenable to the additional expense. Acting City Manager
Herakovich suggested that staff could advise of any
controversial items that may come up at those meetings
and the City Attorney could attend where controversial
actions are voted on. Vice Mayor Monroe asked that the
CITY COUNCIL MEETING OF JULY 1, 1993
6
fees be reviewed to include additional time needed to
cover engineering costs and attorney fees especially if
the City Attorney must sit in on Petitions. Mayor Russo
stated he had no problem with charging additional fees to
developers but he wanted to make sure work was
streamlined so fees were not more than actual services
provided.
Mayor Russo Mayor Russo advised the members that he saw the Assistant
Solid Waste Director of the Solid Waste Authority and
congratulated them on the amount of money they saved.
Also, the Solid Waste Authority will help the City
prepare the bid package at no cost to the City.
The City's current contract is up in October, 1994 but
must be bid in the Spring.
MUNICIPAL LEAGUE
Mayor Russo advised he attended a Municipal League
meeting last week. The next meeting will cover inter-
governmental coordination.
Mayor Russo recommended the City be represented at all
Municipal League Meetings. He is on the Board of
Directors and will attend all the Board of Directors
meetings. The General Membership meetings that he could
not attend should be attended by other Council members.
Also, there are some meetings coming up that staff should
attend such as cable, various County policies, local
options gas tax; and Mayor Russo stated that Acting City
CITY COUNCIL MEETING OF JULY 1, 1993 7
Manager Herakovich was planning on having staff attend.
COMMENTS FROM
THE GENERAL PUBLIC
Bill Beville Bill Beville of 285 Riverside Drive addressed the City
Council and requested the City erect a gazebo -like
structure on or near the bank of Lake Catherine. He said
it would be an inexpensive asset to those who use that
area. Mayor Russo felt this would be a good idea and
asked that someone from the Public Works Department
construct and build it. Vice Mayor Monroe suggested the
this request be directed through the Recreation Advisory
Board and let them give their blessing. Questions to be
answered would cover: Do we only want one, or three
gazebos; do we want it forever; where would it be placed?
Sam Carsillo Resident Sam Carsillo mentioned that it would be nice to
have garbage drums situated around Lake Catherine so
people eating lunch on the grounds will have a place to
put their debris. Mr. Carsillo also mentioned that some
people are using the area to practice hitting golf balls
and that can be dangerous. He's asking that they use the
other side of the lake. Mr. Carsillo updated the City
Council that there were 239 people attending the Town
Meeting regarding medical services. He also stated he
was having a meeting the next morning at 10:00 AM with
the Acting City Manager to cover areas of concern.
Reuben Fox Councilman Jablin introduced Mr. Reuben Fox to the
CITY COUNCIL MEETING OF JULY 1, 1993 8
members of the City Council and said he was one of the
original creator/ founders of the Community Awareness
Network in PGA National. Mr. Fox also works at the Palm
Beach Gardens Medical Center and Councilman Jablin works
with him as well on a project called "Visiting Hearts"
and the "Heart to Heart Club ". Mr. Fox raised an area of
concern in which the City may not be giving sufficient
attention to an underutilized resource; that is, the
older people in the City willing to give service to the
Community on a volunteer basis. Councilwoman Furtado
provided Mr. Fox with the names and numbers of Ben
Benowitz and Bill Beville who would also like to do
something along those lines.
Milton Stern Mr. Milton Stern addressed the City Council regarding the
North County Planning Forum. He felt this City should
have a strong interest in the results of the Planning
Forum and was concerned whether a cross section of public
and private interests were selected. He felt the
selection process would determine the outcome of the
Planning Forum. He felt the City's cross section was not
properly represented, including the not- for - profit
groups. Vice Mayor Monroe pointed out that if some of
those selected in the different categories could not
attend, the Committee will have additional input in
selecting alternates that will represent a fair cross -
section of the groups to attend and will verify that they
CITY COUNCIL MEETING OF JULY 1, 1993 9
are City residents. The Vice Mayor suggested that names
be again submitted before the 14th of July in case
additional alternates are needed and Vice Mayor Monroe
can make a strong stand to have more Palm Beach Gardens
residents on that Forum.
Mayor Russo Mayor Russo brought up an additional item that was to be
under "Items by Mayor" earlier. Mr. Bob Slaven had come
down and spoken to the City County members a few weeks
ago re: City Manager search. He is in the process of
writing an update and would like to come in and talk to
the City Council and requested he attend the next meeting
on the 15th.
CONSENT AGENDA
Vice Mayor Monroe requested Items # 4, 5, and 6 be pulled
from the Consent Agenda. Motion was made by Vice Mayor
Monroe to approve the remainder of the Consent Agenda;
Seconded by Councilwoman Furtado and passed unanimously.
Items approved were:
1. Approval of Minutes of 6 -10 -93 City Council
Workshop Meeting.
2. Approval of Minutes of 6 -17 -93 City Council Regular
Meeting.
3. Approval of Minutes of 6 -24 -93 City Council Special
Meeting.
7. Resolution 78, 1993 - Amendment to BallenIsles
Windward Cove, Parcel 4,
PUD, approved by
Resolution 61, 1989, re:
sidewalks.
8. Resolution 79, 1993 - Endorsing candidacy of
Clarence E. Anthony for
Office of First Vice
President, Florida League
of Cities.
CITY COUNCIL MEETING OF JULY 1, 1993
10
9. Resolution 80, 1993 - Appointing member and
alternates as City
representative to
Municipal League.
Vice Mayor Monroe advised of a correction needed to be
made to the Minutes of the Workshop Meeting of June 24,
1993, page 5 where it stated the meeting of the North
County Planning Forum was in September, it should say
"August ", and the sentence previous to that should read:
"it was also recommended Council delay a decision on
possible changes in land use designations until the North
County Planning Forum which will meet in August." Vice
Mayor Monroe moved for an approval of the Workshop
Meeting Minutes of June 24, 1993as amended; seconded by
Councilwoman Furtado and passed unanimously.
ORDINANCE 6, 1993 Rich Walton advised the City Council that this was the
second reading of an Ordinance that was delayed until
Planning & Zoning Commission input was received. It was
their recommendation that the maximum value per square
foot for each apartment was inadequate and they wanted to
encourage more of these but at 1,200 S.F. minimum.
PUBLIC HEARING Mayor Russo declared the Public Hearing open, which was
duly advertised and held on the intent of Ordinance 6,
1993, Security Apartment ordinance. There being no
comments from the public, Mayor Russo declared the Public
Hearing closed.
CITY COUNCIL MEETING OF JULY 1, 1993 11
Vice Mayor Monroe proposed, at the very bottom of the
page 1 of the proposed Ordinance, that one phrase be
added where it says "There shall be no access between a
security apartment and a security office" and add "or
other ware house or storage building ". Per a unanimous
vote of the City Council, the City Clerk read Ordinance
6, 1993, by title only. Vice Mayor Monroe made a motion,
seconded by Councilwoman Furtado, to approve Ordinance 6,
1993. Ordinance 6, 1993, was unanmously adopted by the
City Council.
ORDINANCE 7, 1993
Rich Walton reported that the Planning & Zoning
Commission recommended approval of this proposed
Ordinance. However, the staff report outlined five
procedural points: 1) the Petitioner prepare a Proposed
Areas of Preservation for review by the City
Environmental Consultant; 2) preserve areas and
master /site plan be reviewed concurrently by the Planning
& Zoning Commission; 3) preserve areas to be high quality
and viable habitat; 4) all issues to be resolved at the
Planning & Zoning Commission before it proceeds to City
Council; 5) any master /site plans that need approval of
the Site Plan and Appearance Review Committee may be
appealed to the City Council. Vice Mayor Monroe voiced
her concern re: Page 7, Section 160.05(b), sentence 1.
CITY COUNCIL MEETING OF JULY 1, 1993 12
She asked if there was to be a time limit on applicants
requesting an exemption. Acting City Manager Herakovich
advised that there is an automatic expiration date on
building permits.
Mayor Russo declared the Public Hearing open, which was
duly advertised and held on the intent of Ordinance 7,
1993, Environmentally Sensitive Lands Ordinance. There
being no comments from the public, Mayor Russo declared
the Public Hearing closed.
Vice Mayor Monroe made a motion to approve Ordinance 7,
1993, seconded by Councilman Clark. Ordinance 7, 1993,
was unanimously adopted by the City Council.
PUBLIC HEARING Mayor Russo declared the Public Hearing open, which was
duly advertised, and held on the intent of Ordinance 9,
1993, General Employees Pension Board. There being no
comments from the public, Mayor Russo declared the Public
Hearing closed. Per a unaniomous vote of the City
Council, the City Clerk read, by title only, on second
and final reading, Ordinance 9, 1993.
Vice Mayor Monroe made a motion, seconded on Councilwoman
Furtado, to approve Ordinance 9, 1993. Ordinance 9,
1993, was unanimously approved by the City Council.
CITY COUNCIL MEETING OF JULY 1, 1993 13
nz, c.�r rrm r�wro
RESOLUTION 70, 1993
Vice Mayor Monroe requested the following change:
Section 1, item 3, "One bicycle rack accommodating a
total of six bicycles shall be provided for this
facility. The location of the racks shall be approved by
the City Engineer" adding the words "prior to occupancy."
Mayor Russo requested that in Section 2, the "change
machine" be deleted. Motion to approve Resolution 70,
1993 as amended was made by vice Mayor Monroe, seconded
by Councilman Clark and passed with a vote of 4 to 1.
Councilwoman Furtado voted against due to the violent
nature of one of the games.
RESOLUTION 71, 1993
Alex Perez, Committee Member of the St. Mark's Episcopal
School, spoke as representative of the School. In
reviewing the Resolution, Mr. Perez asked for a 3 -year
period for the temporary use of the trailer instead of
the one year as shown. School Head Mrs. Hardy stated
they would not be adding more students, but wish to add
an academically- enriched program and enhance the programs
they have, and that would include enlarging the
facilities. Vice Mayor Monroe suggested that the
Resolution state that the student enrollment will not
increase above the existing number of "X" students.
After discussion, it was felt the one -year temporary use
CITY COUNCIL MEETING OF JULY 1, 1993 14
be changed to two years, until 7- 31 -95. Motion was made
by Councilman Jablin to approve Resolution 71, 1993 with
the amendment that the one year time period be changed to
two years in the second paragraph of Section 1. Seconded
by Councilwoman Furtado. Passed unanimously.
RESOLUTION 75. 1993
Rich Walton advised the Council that the issues regarding
this Resolution have been worked out, and the property
owners have approved of the proposed plans, including a
wall. After discussion on several items, a motion was
made by Councilman Clark that Resolution 75, 1993, be
approved. Seconded by Councilman Jablin. Passed
unanimously.
RESOLUTION 76, 1993
In reviewing the plans, Vice Mayor Monroe questioned
whether the Petitioner, Mr. Cordani, could have gone
forward, prior to and without this agreement, at any
point since being annexed into the City approximately two
years ago. Rich Walton said the development could have
been processed anywhere from under the County's 1980 plan
or the City's current policies. The City Attorney stated
that, until the City processes the plan, the land is
still under the County's plan. Vice Mayor suggested the
Council postpone this vote and bring it back with a
condition as to a guaranteed number of years, look at the
traffic, and not allow the property to have a guaranteed
CITY COUNCIL MEETING OF JULY 1, 1993 15
use forever even if not developed within five years. Mr.
Gary Brandenberg suggested this agreement should be
viewed as allowing Mr. Cordani the opportunity to come
forward through the City's process in a way that has been
agreed upon to get his approvals and move ahead with his
projects. If the City Council feels Mr. Cordani is not
proceeding in accordance with the Ordinance, after a
certain amount of time, Mr. Brandenberg felt the City
could notify the developer of a proposed land -use change,
in accordance with the City's comprehensive land use
plan, and divest the property. Mr. Brandenberg stated
Mr. Cordani would be willing to include that in the PUD;
however, five years for development would not be
sufficient time. Vice Mayor Monroe suggested that, at
the end of five years, if the project has not met the
definition of "commencement ", then the City Council would
have the ability to review it and determine if they
wanted to change the status of the project. Mr.
Brandenberg agreed with this statement. It was agreed
that Mr. Bradshaw would write the agreed -upon compromise
right into the Vested Rights Agreement while the Council
reviewed the next agenda item.
RESOLUTION 77, 1993
In response to a question by City Council, Acting City
Manager Herakovich advised that a retroactive date was
used because the position has already been filled by Dick
CITY COUNCIL MEETING OF JULY 1, 1993 16
Cameron. Vice Mayor Monroe moved to approve Resolution
77, 1993, approval of salary range for superintendent of
Parks position; seconded by Councilman Clark. Resolution
77, 1993, passed unanimously.
ORDINANCES•
ORDINANCE 10,1993
ITEMS BY THE MAYOR
AND CITY COUNCIL
COMMITTEE MEETING
REPORTS
Sign Committee
Space Allocation
Per a unanimous vote of the City Council, the City Clerk
read, by title only, on first reading, Ordinance 10,
1993, code revision to allow churches in all categories.
The City Council will conduct a duly advertised Public
Hearing re: Ordinance 10, 1993, at their 8/5/93 Regular
Meeting.
Vice Mayor Monroe reported that the Sign Committee met
and felt impressed that the Committee is working very
hard.
Committee Councilwoman Furtado said the Space Allocation Committee
was very involved and she was looking forward to good
results. The next meeting is the 12th.
Steering Committee Vice Mayor Monroe announced that the next meeting, as
listed, are wrong. The next meeting is the 14th.
Golf Course
Committee Mayor Russo stated he was getting quite a few calls from
people who want to be on the golf course committee.
CITY COUNCIL MEETING OF JULY 1, 1993
17
-charter Review
Committee David Clark stated the Charter Review Committee meet on
Monday and will meet on a regular basis.
Landfill Committee Councilman Jablin was unable to attend the last meeting
but expects a report shortly.
RESOLUTION 76, 1993
Gary Brandenburg returned to the Council and proposed the
following as a new Paragraph 115" Vested Rights Agreement
of new Paragraph 105, Review of Vested Status. "If
development of the project does not commence within five
years of the date of this Agreement, then the City may
review the vested status of the project. If the
developer has not made a good faith effort to proceed
v with commencement of development by the time of review,
then the City may consider the vested status of the
project and, at its option, divest the project." Motion
to approve Resolution 76, 1993 was made by Vice Mayor
Monroe; seconded by Councilman Clark. Resolution 76,
1993, was unanimously adopted by the city Council.
ITEMS FOR
DISCUSSION
Rich Walton discussed the Concurrency Ordinance and its
suggested revisions. Seacoast Utilities does not wish to
write letters saying there is capacity unless someone
actually pays for the capacity, however, the City Council
does not wish to process PUDs if the capacity is not
there. Paul Bradshaw advised there were several ways to
CITY COUNCIL MEETING OF JULY 1, 1993 18
amend the Ordinance to be more flexible: 1) The City can
make the effectiveness of the permit contingent upon the
infrastructure being available at the time development
occurs; 2) Write in the Ordinance that Seacoast
Utilities provide a letter stating capacity be at a
certain amount or it is a certain amount.
COMPREHENSIVE LAND USE
PLAN AMENDMENT F93-2
Kim Glas reported to the City Council on those items that
led to questions at the City Council Workshop Meeting of
June 24, 1993. Vice Mayor Monroe mentioned the City
Council had agreed to wait to make any changes until
after the August Planning Forum, but felt it appropriate
to direct staff to look at the property in more depth,
recognizing the land use put on it has not yet been
utilized as was granted 34 years ago, and look at the
noise contours, and industrial land use. Mayor Russo
wanted to know how much time that would take and how much
it would cost, considering we already have a
comprehensive plan. Vice Mayor Monroe requested staff
advose Cpimco; as to the cost of a consultant and a time
frame. And Mayor Russo suggested that cost should also
be discussed during the budget process. Councilwoman
Furtado suggested a retired volunteer who has expertise
in this area might be interested in assisting. It was
the consensus of the City Council that staff would look
into the cost and how much time it would take to evaluate
CITY COUNCIL MEETING OF JULY 1, 1993 19
A n,T0TTP NMRMT
that piece of property.
There being no further business to discuss, the meeting
adjourn at 0. 5 PM.
CO CI N --a--IKCBLIN
COUNCILWOMAN FURTADO
4'4'4� f�6'&c 8thfl+� C I LMAN
Ii�IOA V.'KOSIER', CMC, CIT&LERK
APPROVAL
,MAY
VICE MAYOR
MONROE
CO CI N --a--IKCBLIN
COUNCILWOMAN FURTADO
4'4'4� f�6'&c 8thfl+� C I LMAN
Ii�IOA V.'KOSIER', CMC, CIT&LERK