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HomeMy WebLinkAboutMinutes Council 070788CITY COUNCIL' REGULAR ME -ETING T ,,r OF PA4Lhf BEACH: GARDENS The Regular Meeting of the City Council of Palm Beach Gardens, Florida. was called to order by Vice Mayor Martino at 10:04 P.M., subsequent to a Workshop Meeting, in the Assembly Room of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, mom The City Clerk called the roll and present were: Vice Mayor Martino, Councilman Aldred and Councilwoman Monroe. Mayor Feeney was absent due to an illness and Councilman Kiselewski was absent due to a previous commit- ment. .,1v. e The minutes of the Workshop Meeting and Regular Meeting of June 16, 1988, were unanimously approved as written. ,elal�' "the City Manager stated he received a telephone call from the County indi- cating they would sue the City again on the north annexation. The County did give the City a compromise situation whereby if the City agreed to give them a date when the additional parcels would be brought into the City that they would not sue. If the City did not have these properties in the City by that date they would be required to deannex the north annexation. The City Manager stated the County is putting stipulations on what they are asking the City to do, which makes it impossible to meet_ their requests, The City Attorney stated legally he has seen the annexa- tion problems for Jupiter, West Palm Beach and Palm Beach Gardens, and felt that the City of Palm Beach Gardens is singled out on technicalities with no practical approach. The City Manager and the City Attorney recom- UBWAK111judinj a RUM so me�_veo the City not encc.,r into an agreement with the County on their compromise offer. The Council requested the City Attorney call the County Attorney's office to remind them of the conversation with Mr. Shannon at a Public Hearing and the con.ments made from both sides and remind them the City is acti:g in a diligent manner annexing in these out parcels. Vice Mayor Martino stated that Chapter 164 should enter into this situation. The City Manager he is the County Fire Chief stated meeting with and County Attorney trying to work out a compromise on the fire service agreement. The City Manager reminded them the City has had an interiocai agreement with the County since April 4, 1888, on the south annexation and the County has yet to act on it. e e e The City Manager stated he would like the City to appeal the lawsuit by the County re: Burg & DiVosta annexation based on Chapter 164. The City Attorney stated that by 4:30 P.M. on July 13, 1988, the appeal would have to be filed. The City Attorney briefly discussed his understanding of Chapter 164 of the Florida Statutes. The City Attorney stated the attor- ney for Burg & DiVosta stated they were not interested in the appeal pro- cess. It was the consensus of the City Counci' not to appeal this lawsuit. e The City Manager stated Mr. Tom Miller, consultant, has reviewed the City's present telephone system and has determined we can no longer add to the existing system, which is outdated. Mr. Miller has recommended the City purchase the Southern Bell Essex System, feeling it would give the City the expansion needed for the next 10 years. The cost For the service ;portion would be less then the current cost, however, there is a need to l `i Nl i� :axH11�,i:1>Slx� ®O�ic�il/ /�:�:1 purchase additional voeipment. The cost will be $178.65 a month more then we now pay for the first year and $328.50 more for the next 48 months. This includes a 60 month lease on the equipment and after that period of time the City will have the option of keeping the equipment and negotiate orice. By a unanimous vote of the City Ccurcil the C't* MZ, ?72r eras authorized to proceed with the new phone system. In re -poone to Councilwoman, Monroe, the City Attorney stated a citation should follow the letter to Waterway Cafe that directed them to remove excess seating. Councilwoman Monroe requested a copy of the comments sub- mitted by the Fire Marshal. •e• 0 0 A M Councilwoman Monroe reported attending a Site Plan and Appearance Review Committee :meeting on Tuesday night. Councilwoman Monroe expressed concern re: approval of the expansion of the Mobil Station at the northwest corner of Northlake Boulevard and reating Drive. Councilwoman Monroe also expressed concern with a traffic performance standard now that the Citv is experiencing changes in existing development, feeling that traffic studies should be done on all proposed expansions as ,d developments. By a unanimous vote of the City Council the City Manager was directed to appeal the decision made by the Site Plan and Appearance Review Committee re: Mobil Station at the northwest corner of Northlake Boulevard and Keatinq Drive. Councilwoman Monroe stated there were proposed changes for the NorthCorp Center re: the red band being changed to an awning and requested the draft of the proposed Sign Ordinance be given to staff so they can be aware of the proposed amendments. Councilwoman Monroe R requested the Slte Pian and Appearance Review Committee be supplied with a copy of the proposed Sign Ordinance. Vice Mayor Martino declared the Public Hearing open on Resolution 48, ,988, modification to the conditional uses in the CG -1 (General Commercial) Zoning District, providing for a "mechanized car wash" within a .233 -acre parcel located contiguous to the south of the "Gulf" service station on the southeast corner of Alternate A -1 -A and Lighthouse Drive at 9730 Alternate A -1 -A. Per the request of the petitioner, the City Council unanimously approved the Public Hearing being recessed to the City Council meeting of July 21, 1988. S o � Per a concensus of the City Council Resolution 49, 1988, appointing a qW member and an alternate member to the City's Merit System Board was post- paned to a future agenda when all members of the City Council were pre- sent. ial4ifetil:�.7i)�[71:A Per a concensus of the City Council Resolution 50, 1988, reappointing /appointing members and a primary alternate member to the City's Site Plan and Appearance Review Committee was postponed to a future agenda when all marnbers of th, Pity Council were present. Per a concensus of the City Council Resolution 51, 1988, reappointing/ appointing members and a secondary alternate member to the City's Plaining and Zoning Commission was postponed to a future agenda when all members of the City Council were present. 1:100 ITFEE322M Per a concensus of the City Council Resolution 52, 1988, reappointing/ appointing members to the City's Code Enforcement Board was postponed to a future agenda when all members of the City Council were present. ! • Ieleln"Im- iaele►R:1 x[ . I e e Per a concensus of the City Council Resolution 53, 1988, reappointing/ appointing members to the City's Zoning Board of Appeals was postponed to a future agenda when all members of the City Council were present. e a Per a concensus of the City Council Resolution 54, 1988, raappointing/ appointing members to the City's Recreation Advisory Board was postponed to a future agenda when all members of the City Council were present. + e Per the concensus of the City Council the City Clerk read, by title only, Resolution 55, 1988, approving "P.G.A. Resort Community Plat of Preston Courts ", a PUD created February 4, 1988, by Resolution 6, 1988. Resolution 55, 1988, was unanimously approved by the City Council. e e�' vice Mayor Martino declared the Public Hearing open on Resolution _ 1988, amending 100.2 -acre "The Gardens" regional shopping mall PUD ;created 11/15/84 via Resolution 62, 1984, and amended 5/15/86 via Resolution 21, 1986) providing for the sale /service of beer and wine, for on- premise consumption, within the common seating area for the food court tenants (Section L, located at the upper 1,vel of the mall). There being no comments from the public, Vice Mayor Martino declarQ' Lr.P r-hlic Hearing closed. This request had been discussed by the City Council at their mcetir,y or June 16, 1988, and it was the concensus of the City Council to have ind'- vidual tenants apply to the City for this use. Therefore, no motion was needed by the City Council on this Resolution. e•e i F,er a unanimous vote of the City Council the City Clerk read, by title only, on first reading, Ordinance 30, 1988, revamp of the City's Sign Code. July 5, 1988 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JOHN L. ORR - CITY MANAGER su3..Ecl: weekly Report - Scheduled Meetings /Events, Correspondence, General Information, Action Taken, Recommendations Scheduled Meetings /Events 1. Site Yian Review Committee Meeting - tonight, 7:30 p.m. General Information 1. A couple months ago the City ?uthorized Thomas Miller to act as consultant to review our telephone system and to make recommendations based on information received from vendors. Upon extensive investigation, Mr. Miller has recommended, and I concur, that we install the Southern Bell ESSX System. The net monthly difference for the cost of the ESSX System over the current system is $178.65 per month for the first year; and, S "or the next 48 months, $328.15 per month difference. The basic network cost is less than we are currently paying; however, we will be on a lease- purchase for the new telephones over a 60 month period, which accounts for the difference in price. The current Horizon System cannot be expanded to meet our current: or future needs; and, along with the equipment no longer being built by AT &T, it is impossible to add to our current. system without bringing in additional lines, which would be very expensl.e and could not be justified. We possibly could offset some of the small monthly costs by selling the horizon System to another user for spare parts. The ESSX System will provide us with a block of 100 numbers, maintained at the central telephone control, and will be available for the use of the City of Falw Beach Gardens. We are also running into a deadline, in that, if the City plans to purchase the ESSX System, most of our numbers will need to be changed and added to next year's telephone Ift directory, which we have held opened through Friday, July 8, 1988. Thomas Miller and Lee Leffingwell have explored the alternatives and also the benefits of the ESSX System, and have recommended that we proceed with the purchase for the installation of the new system, which will in the long run save considerable dollars over our current system and will provide the expansion capabilities needed for future growth. Mayor & Co °ancil Members -2- July 5, 1988 Another very important point is that Southern Bell will have the entire system. On the current system, Southern Bell only comes to the outside of the building, and all internal wiring or trouble shooting is the responsibility of AT &T, we will no longer have this problem with the ESSK System, since total maintenance will be the responsibility of Southern Bell. Copy rf _i-ves�,,uent Analysis enclosed) 2. I have received a call from Sam Shannon indicating the the County plans to sue the City on the northern annexation unless we come up with some !rind of Interlocal Agreement. I asked what they plan to do about the south annexation, and they haven't discussed the Interlocal Agreement that we submitted to them in April. 3. I have submitted comments to the County on the Interlocal Agreement regarding Seacoast Utilities; and, as of this date, have not received a response; and, unless we get some different agreement, I would recommend that we not consider their original proposal. 4. 1 have received correspondence (copy enclosed) from the City Attorney indicating that Judge Poulton has denied both the motion for retrial for the annexation suit and the hearing under Chapter 164, Florida Statutes. We have not received any indication that BiVosta wants to pursue the lawsuit; however, 1 am sure he may participate if the City wishes to pursue the appeal process. I would recommend that we appeal by the July 12 deadline - only the hearing under Chapter 1.64, which I believe was not properly addressed by Judge Poulton. L1 INVESTMENT ANALYSIS PALM BEACH GARDENS YEAR Southern Bell Advanced Systems 1555 Palm Beech Lakas &vd Sune 9550 V*$? Prom Beach. Fkx.Oa 33401 2369 i3j) 47MM (PER MONTH BASIS 1 -12) CURRENT NETWORK COST 1647.89 CURRENT MAINTENANCE COST 336.55 NET CURRENT COST i984�94* ESSX NETWORK COSTS 1680.30 ** LEASE /PURCHASE NEW EQUIPMENT {60 MONTH) 448.29 ** MERLIN SYSTEM MAINTENANCE 35.00 NET COST NEW SYSTEM 2i63a59 ** 1 LU S O °JjL 1 1 .a llUTgJ /a7`1o,y cam• i 1 J,F Is 9, -Y,5- NET MONTHLY COST DIFFERENCE 178.65 YEAR 2 -5 (PER MONTH BASIS 13 -60) CURRENT NETWORK COST 1647.89 CURRENT MAINTENANCE COST 336.55 NET CURRENT COST yggg3g4* E5Sx NETWORK COSTS 1680.30 ** LEASE /PURCHASE COST 4A8.29 ** MERLIN MAINTENANCE 35.00 NEW EQUIPMENT MAINTENANCE 149.50 ** NET COST NiW SYSTEM 2313.09 ** NET MONTHLY DIFFERENCE 8328.15 ** *DOES NOT INCLUDE ENVIROMENTALS ON SWITCH (I.E ELECTRICITY) *DOES NOT INCLUDE ADDED STATIONS * *INCLUDES 5 ADDED STATIONS L ornccD HRAXT AND BALDWIN 330 rEOERAL HIOHW LAKE °A4K F4O RIDA 33403 ' ELZ -046 (303) 643 1700 H'IL l,lA�L JRA:+T June 24, 1988 T're Honorable John L. Orr City Manager of City of Perim Beach Garde.�s 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Re: Pendinfz DiVosta Annexation suit Dear John: I have heretofore furnished you with a copy of the Order entered by the Honorable Judge Timothy Poulton whereby -he denied both the motion for retrial for the annexation suit and the hearing AML under Chapter 164, Florida Statutes. We have contgeted the legal counsel for the DiVosta corporation, and they advised us that "rir. DiVosta will not authorize any monies as a grant in ai(: in the event the City desires to pursue the appeal. r" It is requested that you rent thi' issue to the City Council at ttte first opportunity y i2t is the deadline for the City to file its Notice Thank you for your attention to this matter. WB:gm Respertfu-1 submi =red, I f W 1�1 m Brant City.Attorney