HomeMy WebLinkAboutMinutes Council 061997CITY COUNCIL
REGULAR MEETING
JUNE 19, 1997
The June 19, 1997, Regular Meeting of the City Council of the City of Palm
Beach Gardens, Florida, was called to order at 7:30 P.M. in the Council Chambers
of the Municipal Complex located at 10500 North Military Trail, Palm Beach
Gardens, Florida; and opened with the Pledge of Allegiance to the Flag.
ROLL CALL The roll was called by the Deputy City Clerk and the following elected officials
were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Lauren
Furtado, Councilwoman Linda Monroe, Councilman Eric Jablin and Councilman
David Clark.
ANNOUNCEMENTS Mayor Russo stated that the announcements were as listed on the agenda and
posted on the City's bulletin boards.
Mayor Russo stated that the Space Station Alpha petition may not be heard
tonight if a representative was not present. Mayor Russo further announced that
the petition for Temple Beth David had to be readvertised and the Public Hearing
would not take place this evening.
PRESENTATIONS
Wage & Compensation Study City Manager Herakovich stated that Mr. John Maxwell was in attendance this
evening to discuss the study done by his firm re: wage and compensation. Mr.
Maxwell briefly summarized the study and the methodology used to complete the
study as well as the recommendations. Mr. Maxwell stated that the municipalities
surveyed for comparison were local and information was received from the Florida
League of Cities and the Public Employers Personnel Information Exchange.
Each and every position was evaluated not only for external market comparison,
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but for internal consistency within the organization. Mr. Maxwell reviewed
criteria used. Mr. Maxwell stated at present the City was using 4 different salary
scales, however, he recommended using one scale for every position on the salary
schedule. The proposed minimum/maximum salary scale for each position had a
spread of approximately 48 -112 %. Mr. Maxwell recommended the salary schedule
because it was consistent, with all employees being treated equally with an ability
to move from minimum to maximum. Mr. Maxwell stated that a further study
needed to be done regarding the administrative secretary positions and felt that the
Human Resources Department should take a more in depth analysis of those
positions. Mr. Maxwell stated that the study revealed that the City was very
competitive with entry level salaries, however, the maximum salaries were behind
the market. Mr. Maxwell stated that the City needed to award educational
achievements and certification achievements of various positions. Mr. Maxwell
stated that the fringe benefits offered to employees was very competitive and
recommended no changes to the benefits.
The City Council had no questions regarding the study and thanked Mr. Maxwell
for his assistance in performing the wage and compensation study.
Watterson, Hyland & Klett David Acton, City Attorney, addressed the Council and introduced members of
the firm that work on City issues, such as Carol Wallace, Joe Caklemba, and
Preston Fields.
Campbell Property Mayor Russo stated he attended a meeting last week, at the direction of the City
Council, regarding the Campbell property petition before Palm Beach County.
Mayor Russo introduced Kevin Rattery of Kilday and Associates, land planning
agent for the property owner. Mr. Rattery referenced a memo from the City's
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Planning and Zoning staff dated 3117197 and a letter to Palm Beach County dated
3124197. There were 5 issues raised in those communications, the first being the
subject of the land in question being designated as rural in the City of Palm Beach
Gardens future annexation plan and by the North County Planning Forum. The
second issue was water and sewer service; the third related to the 250 acre
threshold for annexation into the City; the fourth related to leap frog development
and the fifth was school impacts. Mr. Rattery presented a graphic of the property
and detailed the petition before Palm Beach County. Mr. Rattery stated he was
in attendance tonight to explain the fundamental difference between this property
and the concepts that are created by the Forum plan. Mr. Rattery stated that this
property was located inside the urban service plan of the Palm Beach County
Comprehensive Plan, which only permits one dwelling unit per acre. The County
has been going into the tier concept of growth management, with this property
being designated as a "tier 2" property which has been designed by the
Comprehensive Plan to receive urban level of service. The Environmental
Acquisitions that have been acquired through the Environmentally Sensitive Lands
Ordinance has virtually removed all the vacant undeveloped land to the north and
east of this property. Directly across the street is the Ibis Golf and Country Club
and west was Stonewall, providing for residential communities surrounding the
property with higher densities. Mr. Rattery stated the petitioner was trying to
amend the Industrial designation to a low density residential, with 2 units per acre,
to be consistent with what was developed across the street in the Ibis community.
Regarding services, Mr. Rattery stated that this project was brought before the
Seacoast Utility Authority and at that time conceptual approval was granted for
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the City of West Palm Beach and Seacoast Utility Authority to enter into contract
negotiations to allow West Palm Beach utilities to extend north into the Seacoast
Utility Authority area. This approval was contingent upon the Board of County
Commissioners adopting a land use plan. South Florida Water Management
District has gone on record supporting the change from industrial with regard to
the impact on environment. Mr. Rattery stated the petitioner was concerned about
the leap frog argument being made. Mr. Rattery stated that the petitioner
understood the school issue, however, until the concurrency item was resolved
there were no solutions offered.
Mayor Russo pointed out that the Land Use Advisory Board of the County, along
with the City staff, has recommended denial of this project.
Councilwoman Monroe stated that she would prefer the petitioner apply for a
different comprehensive land amendment, if it was felt that the land had to be
residential, that would provide for a text amendment to recognize that
circumstances of the environmentally sensitive land around the area were needed.
Councilwoman Monroe felt that there was room to talk about annexation into the
City of Palm Beach Gardens, as well as comprehensive land amendments in Palm
Beach County or Palm Beach Gardens. Councilwoman Monroe felt that when
you went west of the Slough, you could talk about what's been approved in the
past, but if everyone only approved what was done in the past, mistakes would be
repeated.
Mayor Russo stated that the Land Use Advisory Board also recommended denial
of the commercial property by the cemetery, and felt that it should be annexed
into the City because parcels in the future annexation area should be annexed into
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Mayor Russo stated he had a number of cards for Public Comments from people
that wanted to discuss Christ Fellowship Church. Mayor Russo stated those
comments would not be taken this evening because at the last meeting it was
announced that this meeting would be for the purpose of postponement to a date
and time certain. Mayor Russo stated that he would like a representative of the
church to address a request the City has received from residents for a continuance
regarding the church petition.
AWARDING OF BIDS
Utility Vehicle -
Fire Dept. Councilwoman Monroe made a motion to award a bid for the purchase of a utility
vehicle for the Fire Department to Ed Morse Fleet Sales of Ft. Lauderdale in the
amount of $25,720.54, with the monies to be taken from the following accounts:
$25,000 from 01- 1240 - 526.6410 and $720.54 from Field Equipment. The motion
was seconded by Vice Mayor Furtado and unanimously carried.
Rough Mower Vice Mayor Furtado made a motion to award the bid for a rough mower for the
Golf Course to Pifer, Inc. in the amount of $18,597.00, with the hopes that it will
include the mulcher blade in the future. Councilman Clark seconded the motion,
which unanimously carried.
ITEMS FOR COUNCIL ACTION
Devonshire
Nursing Home Kim Glas, Acting Planning and Zoning Director, stated that Devonshire Nursing
Home was requesting a waiver for the Art in Public Places fee. The Art Advisory
Committee discussed this issue and felt that this was a commercial site and should
be subject to the Art in Public Places Ordinance. Staff recommended denial of the
request for a waiver.
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Mr. John Gary, representing Devonshire Nursing Home, stated that nursing homes
are governed by Florida Statute and are required to be built at the same time the
continuing care residence is built. In order to permit, economically, the building
of the nursing home at the same time as the continued care facility, the first five
years could house residents that did not come from the continued care facility.
After that 5 year period, the only way to become a resident of the nursing home
would be to have signed a continuing care contract and have moved into the
Devonshire Continuing Care Facility and subsequently, because of declining
health, move into the nursing home. At the time the project was approved, there
were objections from the residents of PGA National because they did not want a
nursing home located within PGA National. As a compromise, it was agreed that
the nursing home would be moved from inside PGA National into the Commerce
Park. This is the only life care facility in the State of Florida that would not have
the nursing home a part of the continuing care facility. Mr. Gary stated that the
petitioner is considering the nursing home as residential because of these facts and
not a commercial project, and would, therefore, not be subject to the Art in Public
Places Ordinance.
Councilman Clark stated he would be willing to offer a compromise, due to the
unique position of the petitioner, whereby the petitioner pay the cost of one of the
City's proposed welcome signs. The petitioner would have to pay over $53,000
for art, however, the cost of one of the signs would be $13,600. Mr. Gary stated
he would be willing to accept the compromise. Mayor Russo asked the City
Attorney to research the legalities of the compromise.
Councilwoman Monroe Councilwoman Monroe stated there were two items in the newspaper this past
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week that caused her concern. One was an ad for the Sports Authority that stated
the facility was located in North Palm Beach. Councilwoman Monroe stated that
she left a message for the manager. The other item was an article regarding the
Gardens Mall and the action they have taken regarding the buses. Councilwoman
Monroe felt the City Council should go on record opposing the action because
that area was the closest the City had to a downtown. Councilwoman Monroe
asked that a resolution be adopted at the next meeting. Vice Mayor Furtado
stated that the District 1 Commissioner is actively meeting with the mall owners
to try to settle the issue to everyone's satisfaction. The MPO will address the
issue at their next meeting. Vice Mayor Furtado stated that by the Council's next
regular meeting, the issue should be resolved. Mayor Russo stated that he would
discuss the City's position with the District Commissioner so that the City will be
part of the solution.
Mayor Russo Mayor Russo stated that he, Councilman Jablin and the City Manager met with the
Insurance Commissioner on Saturday. Mayor Russo stated that the Commissioner
asked the City to talk to the legislators regarding a number of insurance issues.
It was the consensus of the City Council to invite Sharon Merchant to attend a
meeting of the City Council to discuss insurance concerns.
Mayor Russo stated he attended a Municipal League meeting yesterday and
brought a copy to each Council member of positions regarding the concurrency
issue and the one -cent sales tax issue.
CONSENT AGENDA Councilman Clark made a motion to approve the Consent Agenda, with the
exception of Item 2, 5129197 City Council Regular Meeting Minutes. The motion
was seconded by Vice Mayor Furtado and unanimously carried.
CITY COUNCIL REGULAR MEETING, 6119197 S
5/29197 Minutes Councilwoman Monroe stated the amendments made to comments she made
regarding the Campbell property in the 5/29/97 minutes were not what she stated
and asked that the language be changed back to the what was there before the
amendments.
Councilwoman Monroe made a motion to approve the Minutes of the 5/29/97
Meeting of the City Council, as amended. Councilman Clark seconded the
motion, which unanimously carried.
PUBLIC HEARINGS:
Resolution 65, 1997 There were no representatives in attendance regarding the Public Hearing for
Resolution 65, 1997, amending a conditional use to allow 50 skill game -type
machines and video games at the Space Station Alpha.
Ordinance 20, 1997 Mayor Russo opened the Public Hearing, Mayor Russo stated that the City has
been requested by residents to continue the hearing until a later date to allow them
time to hire experts regarding traffic, etc. regarding this petition.
Roy Allen of the Hunt Club, representing residents of communities surrounding
the proposed Christ Fellowship Church, asked for a postponement of the Public
Hearing until September, 1997. The reason for the request was because the
communities have formed a single group and would like to hire a traffic consultant
and a planning consultant for expert opinions regarding this petition. Mr. Allen
stated that discussion re: compromise takes time and felt that there was a
willingness from the Church to discuss pertinent issues.
David Gregg, representing Christ Fellowship Church, stated that Reverend Mullins
was not in attendance this evening because from the last meeting it was
understood that the Public Hearing would be postponed to a date and time certain,
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with no discussion taking place. Mr. Gregg stated that the church is in opposition
to the requested extension. Mr. Gregg stated the original application was
submitted in April, 1996, and the petition went before DRC in October, 1996.
The Planning and Zoning process was begun in November, 1996, and continued
until April, 1997. The workshop process was begun with the City Council in May,
1997. Mr. Gregg stated that the residents that are stating they need more time
were involved in the Public Hearing before the Planning and Zoning Commission
and felt that 11 days before the planned Public Hearing on June 30, 1997, was
short notice to postpone the petition. Mr. Gregg pointed out that the petitioner,
as well as the City, mailed notification to residents regarding the date and time of
the Public Hearing on June 30, 1997. Mr. Greg felt that if the Public Hearing was
postponed after June 30, 1997, that some of the petitioner's experts, as well as
City Council members, would have interfering vacation schedules.
Mayor Russo stated that he has not heard any reason as to why the Public Hearing
had to take place by June 30, 1997. Mayor Russo felt that the project could
become a divisive project. Mayor Russo hoped that more time would allow the
surrounding communities and the petitioner to compromise on key issues. Mayor
Russo stated that this issue could be postponed until the next Regular Meeting of
the City Council so that a specific date could be determined that would work for
both sides. Councilwoman Monroe stated that the first week in August would be
a compromise. Councilman Clark endorsed Councilwoman Monroe's suggestion,
stating that from mid - August through the beginning of September he would likely
be out-of-town. Vice Mayor Furtado stated mid - August to September she would
be busy. Councilman Jablin stated he would be out -of -town the first week of
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August. Mr. Allen stated that a Public Hearing in August would not give the
residents adequate time to prepare. City Manager Herakovich pointed out that
budget hearings would be held on September 4 and 18, 1997.
Mayor Russo suggested this Public Hearing be postponed until the first meeting
in July (July 2, 1997) to give Reverend Mullins an opportunity to reply. Mayor
Russo pointed out that this would also give the residents 2 weeks to hire experts
to begin their studies. Mayor Russo stated that he has directed the City Manager
to have staff research the definition of a community church.
Councilman Jablin stated that he wanted to know about future expansion plans
planned by the church.
City Attorney Acton stated that there was a requirement in the City Code that
notice of public hearing be given by the applicant to property owners within 500
feet of the property in question. Attorney Acton advised that a new notice would
not be required to be sent by the applicant for the July 2, 1997, hearing nor would
one be required for the subsequent meeting, which date would be determined at
the July 2, 1997, meeting.
Councilman Clark made a motion, seconded by Councilman Jablin, to postpone
the Public Hearing re: Ordinance 20, 1997, until July 2, 1997, at approximately
7:30 P.M. The motion unanimously carried.
Ordinance 21, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised 6/5/97
and held on the intent of Ordinance 21, 1997, providing for approval of the
petition of Golf Estates Villas for rezoning of 1.45 acres.
Kim Glas, Acting Planning and Zoning Director, stated that at the last meeting, the
City Council expressed no concerns regarding this petition, except for notification
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for future residents that their children were not guaranteed to attend local schools.
Conditions of approval relative to the Council's concern have been incorporated
into the Ordinance.
There being no comments from the public, Mayor Russo declared the Public
Hearing closed. Councilman Clark made a motion, seconded by Vice Mayor
Furtado, to place Ordinance 21, 1997, on second reading by title only, and for
adoption. The motion was unanimously carried. Councilman Clark made a
motion to revisit Ordinance 21, 1997, for purposes of considering the additional
amendment. Councilman Jablin seconded the motion, which unanimously carried.
Councilman Clark made a motion to approve the amendment to Ordinance 21,
1997. The motion was seconded by Councilman Jablin and unanimously carried.
Councilman Clark made a motion, seconded by Councilman Jablin, to place
Ordinance 21, 1997, as amended, on second reading by title only and adopted.
The motion was unanimously carried. The Deputy City Clerk read Ordinance 21,
1997, by title only.
Ordinance 23, 1997 Mayor Russo declared the Public Hearing opened, which was duly advertised
614197 and held on the intent of Ordinance 23, 1997, consideration of approval
providing for an amendment to Section 66 -37 of Article II of the City's Code of
Ordinances.
Councilwoman Monroe stated that while she did not have a problem with a fee for
home occupations, she did have a problem when the fee was higher than some
other operations, such as a locksmith, when the nature of home occupations was
that the business was low key.
It was the consensus of the City Council to postpone this public hearing since the
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Finance Director was not in attendance to discuss the reasoning for the proposed
home occupation fee.
Councilman Clark made a motion, seconded by Vice Mayor Furtado, to postpone
the Public Hearing for Ordinance 23, 1997, until the July 2, 1997, City Council
Regular Meeting. The motion was unanimously carried.
Ordinance 25, 1997 Mayor Russo announced that the Public Hearing for Ordinance 25, 1997, would
be readvertised.
Ordinance 26, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised 614197
and held on the intent of Ordinance 26, 1997, consideration of approval of a sign
package for City Centre Planned Unit Development.
Kim Glas, Acting Planning and Zoning Director, stated that the City Centre PUD
was approved without a sign package because the City Council wanted samples
of colors and materials. Ms. Glas detailed the proposed sign package, colors and
materials. Ms. Glas stated that the City Council reviewed the proposed sign
package at a previous meeting and expressed no concerns.
There being no comments from the public, Mayor Russo declared the Public
Hearing closed. Councilman Clark made a motion, seconded by Vice Mayor
Furtado, to place Ordinance 26, 1997, on second reading by title only, and for
adoption. The motion was unanimously carried. The Deputy City Clerk read
Ordinance 26, 1997, by title only, on second and final reading.
RESOLUTIONS
Resolution 66, 1997 Marty Minor, Principal Planner, reviewed the petition for an amendment to the site
plan for the Westwood Gardens/Westwood Lakes Planned Unit Development
located south of Hood Road and east and west of I -95, by modifying the
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elevations and access ways for 47 townhomes located on the east and west sides
of Woodmill Drive. At the last Council meeting there was testimony given by the
developers and the homeowners association. The homeowners association
brought up the issues of certain amenities not being completed. Staff was directed
to review the material and staff has met with the developers and the homeowners
association in are effort to research this project regarding what amenities were put
in and the ownership of those amenities. Staff has asked, and the petitioner has
agreed, to make improvements, such as adding 7 laurel oaks north of the lake, 13
laurel oaks on the south side of Woodmill Drive, 8 laurel oaks /slash pines or hong
kong orchids along the buffer of the newly rebuilt I -95 wall and the 4 mailbox
enclosures. Staff also addressed guardrails along the lake, and further study of this
issue with the City Engineer's Office, it was determined it was not an engineer
requirement, but was part of the originally approved plan. Staff suggested that an
entry feature should be constructed by the developer. Staff further suggested that
all improvements agreed to by the petitioner should be completed before the
construction of the proposed townhomes.
Attorney Gary Brandenburg, representing the petitioner, addressed the Council
stating that they have tried to reach a compromise as suggested by the City
Council at the last meeting. Mr. Brandenburg stated that while the petitioner was
not legally obligated to complete the improvements in Phase I of the development,
the petitioner was pleased to complete the project. The only concern the
petitioner had was the staff suggestion regarding the guardrail because the
petitioner felt it was unwarranted.
Carrie Podesta, resident of Westwood Lakes, addressed the City Council,
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representing the homeowners association, stated that the Council needed to
understand the difference between a legal position and the interests of the
homeowners. Ms. Podesta asked that the Council consider the interest of the
residents when listening to the presentation this evening and voting on Resolution
66, 1997. Ms. Podesta reviewed code violations received by the development
from the City of Palm Beach Gardens. Ms. Podesta asked that the following
conditions also be placed on the approval of this petition:
1. Include language in the resolution, for code enforcement purposes, to make it
clear that this resolution amends the existing 1989 site plan.
2. Require the petitioner to post bond for the conditions of approval.
3. Put a specific time limit on the site plan approval so the petitioner has an
incentive to complete the project in a timely fashion.
Mayor Russo stated that if the Council did not approve this project, the City
would look to the Association to comply with any code violations that presently
exist.
Elena Escovar Elena Escovar, resident of Westwood Lakes, addressed the Council stating that
she was against the proposed development as she felt that it would decrease her
property value.
Ed Lyon Ed Lyon, resident of Westwood Lakes, addressed the Council expressing his
concern with the project, stating that the City would be exceeding the density
allowed by the City's Future Land Use Plan and stating that the annexation
agreement the City had with the County allowed only 46 dwelling units.
Richard Mayorana Richard Mayorana of Westwood Lakes addressed the City Council and expressed
his concern with the traffic flow of the proposed project.
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Ronny Sanchez Ronny Sanchez of Westwood Gardens addressed the City Council to express her
concerns regarding the proposed project, stating that approval would result in
problems in traffic and parking.
Nancy Shamms Nancy Shamms, resident of Westwood Lakes, addressed the City Council to
express her concerns with the proposed project. Ms. Shamms expressed concerns
regarding traffic and safety of children.
Councilman Clark stated he followed this project through the Planning and Zoning
process, and recalled that there was an engineering reason why the access road
was deleted, and that was the reason the site plan had been revised, not showing
the dual access roads. City Engineer Lindahl stated it was not an engineering
reason, but was to address the planning aspects of the landscaping and the asphalt
that would go in front of the buildings that were originally approved. In
discussions to achieve a modification to the asphalt abutting existing buildings, the
revised site plan was more compatible with the City's LDRs.
Vice Mayor Furtado stated that not only did the width of the roadways bother her,
but the driveways were not staggered creating a safety concern.
Gary Brandenburg, attorney for the petitioner, stated that this petition has been
before the City for 2 years, and stated that per staff recommendations the access
road and roadway plans were revised.
Engineer Lindahl stated that the size of the proposed roadways are consistent with
what has been approved in the City in the past as well as the County and
surrounding municipalities.
Attorney Brandenburg stated that the road was already platted, has been accepted
and built by the County and accepted by the City when it was annexed into the
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City. The road meets the City's code requirements and has been dedicated.
Attorney Brandenburg stated that if the City Attorney agreed that the item could
be an amendment to the 1989 site plan, his client would not object, and did not
have a problem posting bond for the improvements. The ordinance already
included time frames, including how long the site plan approval was valid.
Councilman Clark stated that the City was trying to make the best of a bad
situation and felt that if the project was starting from scratch the design would be
different and all concerns stated by the residents could be accommodated.
Councilman Clark stated, given the constraints on what can be done, he was in
favor of having the additional landscaping to improve the look.
Vice Mayor Furtado stated she was opposed because of the traffic problems that
would be caused by the narrow roadway and the location of the driveways.
Councilwoman Monroe stated she was opposed to the project for the same
reasons, stating that she was fiarther concerned with potential parking and safety
issues.
Councilman Jablin stated while he does not like the original configuration, he
agreed with Councilman Clark that the City was trying to make the best of a bad
situation.
Mayor Russo stated he was concerned with safety issues, however, felt that the
applicant should not be denied the access to his land.
Attorney Brandenburg stated that if the Council preferred the original plan
proposed by the applicant then that was what the petitioner would build.
City Attorney Acton stated that there are some additional amendments that needed
to be made to the resolution before the City Council. If the City Council was
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interested in the original plans presented by the petitioner, then the resolution
would need even further amendments.
Mayor Russo stated that consideration of this resolution would not be held until
staff had the opportunity to review the additional plans and make the necessary
amendments to the resolution.
Resolution 67, 1997 Marty Minor, Principal Planner, stated this application requested an amendment
to the approved site plan for PGA National Parcel M -3 for a modification to the
approved floor plans and related adjustments to the building elevations. The
petitioner also proposed screen enclosures for the rear patios. Two alternatives
were proposed fbr screen enclosures, with the size dependent on the limits already
approved by the Northern Palm Beach County Improvement District regarding the
encroachment into the 20 foot water management easement that surrounded the
project. Staff was concerned that there was a possibility of a 4th bedroom,
complicating the already stressed parking conditions. To alleviate this concern,
staff recommended a condition that only the units with two bedrooms on the
second floor be allowed to have the option to convert the garage to a bedroom,
library, breakfast room, pantry or laundry. Staff further recommended a condition
that no screen enclosure be constructed outside of an individual's lot, and that
Parcel M -3 shall have a zero rear yard setback for screen enclosures.
Howard Ostrout, architect for the project, addressed the City Council detailing
plans for the amendments.
Councilwoman Monroe suggested that the petitioner ask Northern Palm Beach
Water Improvement District to replat the land, showing the easement as only 12
feet wide.
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City Attorney Acton stated that the City Council is considering an amendment that
would allow individual homeowners to construct part of their home on something
that is other than their platted lot that they purchased. Attorney Acton stated that
assuming the homeowners could get insurance to cover liability, there were two
other options. One would be to have the area replatted and the other would be if
the homeowner wanted a bigger patio, they would have to have a shorter home.
It was the consensus of the Council that it would be better to have the site
replatted. Regarding the amendment to allow the conversion of the garage, it was
the consensus of the Council to keep staff's conditions.
Mayor Russo stated that this resolution would be considered at the next regular
meeting of the City Council on the Consent Agenda, once staff has met with the
City Attorney and amended the resolution accordingly.
Resolution 68, 1997 City Manager flerakovich stated that the Public Works Department wanted to
consolidate their natural gas, diesel and gasoline refueling systems, Presently, the
existing gasoline dispenser is near the entrance gate to the Public Works
compound off of Burns Road. The natural gas dispenser is in the center of the
Public Works compound, and the diesel dispenser is near the southern side and
interior to the site. The proposal would make accessible all three systems together
underneath a canopy outside of the Public Works fence approximately 70 feet
west of the existing gas pumps along Burns Road. The Department was also
proposing to increase the landscape screening.
Councilwoman Monroe stated she was not in favor of parking City vehicles in the
right -of -way, however, felt that if this was going to be done that an improved
parking plan should be developed. Councilman Clark stated that the parking
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problem at the Public Works facility exists regardless of this approval and felt that
the Council should not delay the consideration of Resolution 68, 1997.
Councilman Clark felt that the City Manager has received direction to work on a
solution to the parking problems at the Public Works facility.
Councilman Clark made a motion to approve Resolution 68, 1997, with the
understanding that direction is also given to the City Manager to seek legal review
as to whether the drainage easement can be used for parking, and that all efforts
would be directed towards improving that situation. Councilman Jablin seconded
the motion, which unanimously carried.
Resolution 69, 1997 City Manager Herakovich stated that Resolution 69, 1997, reconvening the
RV/Boat Task Force, was a technicality since the previous resolution that created
the task force also was specific about the date of dissolution. The resolution
reconvenes the task force for a limited time. Councilwoman Monroe asked that
the second "Whereas" be amended to add "the intent of after the word "regarding
and before "established" on the second line.
Councilwoman Monroe made a motion to approve Resolution 69, 1997, as
amended. The motion was seconded by Councilman Clark and unanimously
carried.
ORDINANCES
Ordinance 31, 1997 Vice Mayor Fulrtado made a motion to approve Ordinance 31, 1997, for first
reading. The motion was seconded by Councilman Jablin and unanimously
carried. The City Attorney read, by title only, on first reading, Ordinance 31,
1997, providing for an amendment to Section 46 -32 of the City of Palm Beach
Gardens Code of Ordinances, entitled "Membership and Qualifications".
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Ordinance 32, 1997 Mayor Russo stated he would not be voting on Ordinance 32, 1997, because he
had a conflict of interest in that he had a financial interest in this project.
Councilwoman Monroe stated that Council was to be provided with an update on
consistency with the Comprehensive Plan, the Codes and Traffic Performance
Standards, however, that had not been provided to Council. Councilwoman
Monroe felt it was inappropriate to approve a time extension this far from the
current deadline because the City did not know what types of changes would
occur in the neat 12 months, such as traffic conditions, amendments to the City
Codes, etc. Councilwoman Monroe stated that because of the above she would
not be in favor of approving this petition at this time.
Kim Glas, Acting Planning and Zoning Director, stated that the issue spurring the
request for the time extension at this time, was the June 30, 1997, condition for
completion of infrastructure. Ms. Glas stated that the developer was also asking
for amendments to the site plan as well. Councilwoman Monroe stated she could
support the amendments, but not the time extension.
Councilman Clark stated that he found it hard to penalize a petitioner for coming
to the City early when he realized there was a problem.
Councilman Clark made a motion to approve Ordinance 32, 1997, for first
reading, by title only, providing that the information required for the time
extension be submitted to Council before consideration of second reading. The
motion was seconded by Councilman Jablin and carried by a vote of 3 ayes and 1
nay, with Councilwoman Monroe casting the nay vote for reasons previously
stated.
The Deputy City Clerk read, by title only, on first reading, Ordinance 32, 1997,
CITY COUNCIL REGULAR MEETING, 6119197
21
providing for an amendment to the Hidden Hollow residential Planned Unit
Development, to allow for a time extension and modifications to conditions set
forth in the Development Order, to construct 51 single family homes.
CITY MANAGER REPORT City Manager Hlerakovich stated the budget calendar received by the City Council
schedules a budget workshop for June 26, 1997. It was the decision of the City
Council to hold the budget workshop meeting on June 30, 1997, at 6:00 P.M.
Ms. Herakovich stated that staff came to a decision on the Growth Management
Director, selecting Mark Hill, current Planning, Zoning and Building Director of
the City of West Palm Beach. Mr. Hill would be starting with the City in late July.
CITY ATTORNEY City Attorney Acton stated there was a pending case involving DeLuca doing
business as Tees and Greens versus the City of Palm Beach Gardens. There were
two matters pending, and on June 19, 1996, the 4th District Court of Appeals
granted the City's motion to dismiss the second appealed filed by DeLuca and
awarded the City attorneys fees. However, the calculated fees were approximately
$5000 and it was felt that it would take close to that amount to collect the money.
Another issue was on July 3, 1996, the plaintiff filed a motion for rehearing and
the District Court of Appeals denied the motion. The City is now back in court,
in theory, on a possible pursuit of the City's counterclaim against DeLuca, based
one 1 -2 months of rent and some damage to equipment at the Golf Course, for a
total estimated damage of approximately $3000 - $4000. However, because the
plaintiff has fought the City at every stage thus far, the estimated cost of pursuing
the claim is from $2000- $3000 +. The City Attorney recommended legal staff
spend a minimum amount of time to ask for a minimum lump sum settlement on
both matters to close this matter, and further recommended that the City not
CITY COUNCIL REGULAR MEETING, 6119197
22
pursue a litigation strategy because of the costs involved. It was the consensus of
the City Council to agree with the City Attorney's recommendation.
ITEMS BY THE MAYOR
AND CITY COUNCIL
Vice Mayor Furtado Vice Mayor Furtado stated it was brought to her attention, regarding the high
speed rail process, that no permitting would be needed by the local municipalities
or the counties. A committee has been started known as DEBT (Derail the Bullet
Train). The reasoning for the committee was an effort to change legislation and
to become a part of the process. Members of the Council did not object to Vice
Mayor Furtado serving on the committee.
Vice Mayor Furtado, referencing a letter she received regarding a hatracking fine
instituted by the Code Enforcement Board, stating that a local business should not
be hit with such a high fine for a first offense. Vice Mayor Furtado asked that
staff supply each member of the Council with a copy of the letter. Mayor Russo
asked for a report on this case at the next meeting that would include the violation
and the total fine.
Vice Mayor Furtado stated that she was happy with the report on the Golf Course,
however, questioned the potential of the golf course. Mayor Russo stated that
Mr. Dubin explained that the City was effective last year and was excited that the
City was over the projected rounds of play, given all the competition. It was
decided that the Golf Course Manager should come to a future Council meeting
to update the Council on the progress and future of the City's golf course.
Vice Mayor Furtado stated that she received a report at the recent MPO meeting
that showed improvement plans through the year 2002. The City had 4 projects
on the plan, including one for further modifications to the PGA Bridge.
CITY COUNCIL REGULAR MEETING, 6/19/97 23
Mayor Russo Mayor Russo stated that he met with Commissioner Marcus and learned that they
are moving forward with researching the regional park issue.
ADJOURNMENT There being no iftulher business to discuss, the meeting was adjourned at 11:23
P.M.
FIX a9 t W ]il:1
CITY COUNCIL REGULAR MEETING, 6/19/97 23
Mayor Russo Mayor Russo stated that he met with Commissioner Marcus and learned that they
are moving forward with researching the regional park issue.
ADJOURNMENT There being no 'further business to discuss, the meeting was adjourned at 11:23
P.M.
APPROVAL
a oseph usso
Vice Mayor Lauren W. Furtado
Co
[Li Monroe
Conan Eric in
Councilman David Clark
ATTEST:
Cindy Har4y, Deputy City ClerA'
FORM 86 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY. MUNICIPAL. AND OTHER LOCAL PUBLIC OFFICERS
14-P S ®.A_ s —1_ L
,n.>4— -,—
WHO MUST FILE FORM 98
This form is for use by any person serving at the county. city. or other local level of government on an appointed or elected board.
council. commission. authority. or committee It applies equally to members of advisory and non - advisory bodies who are presented
with a voting conflict of interest under Section 112.313, Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason. please pay close attention to the instructions on this form
before :ompleting ;he rc%erw side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elect i%e :uunty. municipal. or other local public office MUST ABSTAIN from %oting on a measure which inures
to his special pri%ale 3ain. Each local officer also is prohibited from knowingly noting on a measure Ahich inures to the special
gain of a principal (other than a government agency) b% whom he is retained.
in either case. you should disclose the conflict:
PRIOR TO THE COTE BERG TAKEN by publich stating to the a,,erttbly the nature of your interest in the measure on
Ahich \ou are abstaining from noting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
-%PPOI`TED OFFICERS:
-\ person holding appuinti�e :ounty. municipal. or other local public office `1L:ST ABSTAIN from \-otine on a measure which
inures to his special pri%ate gain. Each local officer also is prohibited from knowingly %oting on a measure -hick inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict hefore making am attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
AE VOTE WILL BE TAKEN:
u should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
%A copy of the "orm ,hould be provided immediately to the other members of the agency.
I• The form ,huuid he read ptinlicly if the meeting prior to consideration of the matter in •.4hich you have a conflict of interest.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
Q DISCLOSURE OF LOCAL OFFICER'S INTEREST
hereby disclose that on (' k . 19
(a) A measure came or will come before my agency which (check one)
inured to my special private gain. or
inurcd to the special gain of
(b) The measure before my agency and the nature of my interest in the measure is as follows:
Date Filed
by whom 1 am retained.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985). A FAILURE TO MAKE ANY REQUIRE'
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN
SALARY. REPRIMa►ND, OR A CIVIL PENALTY NOT TO EXCEED 55,000.
cE FOAM 48 . 1 .6t iAGa :