HomeMy WebLinkAboutMinutes Council 091696CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
SEPTEMBER 19, 1996
The September 19, 1996, Regular Meeting of the City Council of the City
of Palm Beach Gardens 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
ANNOUNCEMENTS
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.
Mayor Russo stated that the announcements were as posted on the City's
bulletin boards and listed on the agenda.
1996/1997 FISCAL
YEAR BUDGET Mayor Russo opened the Public Hearing for the 1996/1997 Fiscal Year
Budget. Finance Director Kent Olson discussed the millage rate, stating
that the rate was set at 3.9147 as set forth in the Resolution to adopt the
millage rate. Mr. Olson stated that this rate was 0% over the rolled -back
rate and stated there was no increase proposed in the millage rate for the
1996/1997 Fiscal Year Budget.
CITY COUNCIL REGULAR MEETING, 9/19/96
Mayor Russo asked for any public comments regarding the 1996/1997
Fiscal Year Budget. There were no questions from the public.
Resolution 127,1996 A motion was made by Vice Mayor Furtado to approve Resolution 127,
1996, levying a tax of 3.9147 mills on non - exempt real and personal
property located within the corporate limits of said City for the year ending
12/31/96. The motion included the blanks be filled in to read "3.9147"
and "0 % ". The motion was seconded by Councilman Jablin and
unanimously approved. Assistant City Attorney Paul Golis read
Resolution 127, 1996, in full.
Ordinance 17,1996 Mayor Russo stated that Ordinance 17, 1996, was a public hearing for
adoption of said ordinance. There being no comments from the public
regarding Ordinance 17, 1996, Mayor Russo declared the Public Hearing
closed. Vice Mayor Furtado made a motion to adopt Ordinance 17, 1996,
and to place it on second and final reading, by title only. Councilman
Jablin seconded the motion, which was unanimously carried. The Deputy
City Clerk read Ordinance 17, 1996, levying a tax on real and personal
property located within the corporate limits of the City of Palm Beach
Gardens, Florida for the year ending 12/31/96; affixing a total valuation
thereon and tax rate thereon for said year; adopting a fiscal budget for the
fiscal year beginning 10/1/96 and ending on 9/30/97, inclusive;
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CITY COUNCIL REGULAR MEETING, 9/19/96
appropriating funds for expenditures; providing for the repeal of ordinances in
conflict herewith; and, providing for an effective date. Ordinance 17, 1996, was
read by title only.
PRESENTATIONS
Jim Kreidler Fire Chief Ed Arrants made a presentation of the City's Life Saving Award
to Corporal Jim Kreidler. Chief Arrants stated that on the evening of
8/24/96 there was an accident at the intercoastal bridge on PGA Boulevard
and Corporal Kreidler cleared the passage way of a passenger in a
collision, after which the passenger was airlifted in Traumahawk, helping
to save this passenger's life. Mayor Russo congratulated Corporal
Kreidler on behalf on the City Council and residents of the City.
AWARDING OF BIDS
Irrigation System City Manager Herakovich stated that staff received and reviewed bids for
the irrigation system for the softball fields at PGA Park, as advertised
8/23/96 and opened 9/11/96. Staff recommended the awarding of the bid
to the lowest bidder, DeKeyser Irrigation of Palm Beach Gardens in the
amount of $15,950.00 to be funded from the current fiscal year budget.
Councilwoman Monroe made a motion to approve staff's
recommendation, seconded by Vice Mayor Furtado. The motion was
unanimously carried. Mayor Russo acknowledged that the City received a
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letter from someone objecting to this award due to the fact that Mr.
DeKeyser was in a public position with the City. Mayor Russo stated that
Mr. DeKeyser is a member of the Palm Beach Gardens Youth
Athletic Association, a private group, and has no position with the City.
Gang Mower City Manager Herakovich stated this was a bid for a gang mower, as
advertised 7/29/96 and opened 8/21/96. Staff received and reviewed 2
bids and recommended the bid be awarded to the low bidder, Land Pride
in the amount of $20,350.00 to be funded from the current budget. Vice
Mayor Furtado made a motion to approve staff's recommendation for the
awarding of the bid for the gang mower. Councilman Jablin seconded the
motion, which was unanimously carried.
Property & Casualty
and Insurance City Manager Herakovich stated that the City is currently under contract
with the Florida League of Cities to provide for property and casualty
insurance. The League has been able to offer the City premium credit by
combining different policies and Mrs. Herakovich stated that staff was
recommending continuation with the Florida League of Cities to provide
the City's property and casualty insurance in the amount of $253,304.00
for the upcoming fiscal year beginning 10/1/96. Mrs. Herakovich stated
this was a decrease in the annual premium of 2.8 %. Councilman Clark
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made a motion to approve the staff recommendation, seconded by
Councilwoman Monroe. The motion was unanimously carried.
Workers Compensation
Insurance
City Manager Herakovich stated that staff received 3 proposals for the
City's Workers Compensation Insurance and recommends the bid be
awarded to the low bidder, Florida League of Cities, in the amount of
$391,413.00. Councilman Clark made a motion to approve staff
recommendation for Workers Compensation Insurance, seconded by
Councilwoman Monroe. The motion was unanimously carried.
Motorola Radio
Equipment City Manager Herakovich stated that the City Council has previously
approved a contract with Motorola for radio equipment and to be able to
purchase the equipment staff bid the fmancing of the equipment. The City
has received a low bid from SunTrust with an interest rate 4.99% and staff
recommended that the City Council approve the financing.
Councilwoman Monroe made a motion to approve staff's
recommendation, seconded by Councilman Clark. The motion was
unanimously carried.
k,
CITY COUNCIL REGULAR MEETING, 9/19/96
ITEMS BY MAYOR AND
CITY COUNCIL THAT
REQUIRE ACTION
Vice Mayor Furtado Councilwoman Lauren Furtado stated that she attended a meeting of the
Metropolitan Planning Organization today, along with the Florida
Department of Transportation. They were able to move the PGA flyover
up 3 years and the public hearing will be the beginning of next year instead
of 1998. The MacArthur Foundation has worked well with FDOT
regarding right -of -way, etc., and Vice Mayor Furtado stated that all the
powers that be have had input over the last several months. Vice Mayor
Furtado stated she had a letter that she would give to the City Manager to
copy to the rest of the Council from the FDOT referencing meetings they
have had regarding the flyover. Vice Mayor Furtado stated that the
important part of this was that it also entailed installing the permanent
sound barrier walls with the project. Vice Mayor Furtado suggested a
Ietter from the Council acknowledging the progress in these projects as
well as a letter to Ed Healey who played an important role. Vice Mayor
Furtado felt that letters should be sent to the FDOT, MPO and the
MacArthur Foundation thanking them for the progress on these important
projects. Vice Mayor Furtado reported that another important issue on the
MPO agenda was the Turnpike Interchange, and added that this issue was
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CITY COUNCIL REGULAR MEETING, 9/19/96
important to the residents in PGA National in that it would put to
permanent rest the problem of Jog Road. Vice Mayor Furtado stated that
the MacArthur Foundation now supports the Turnpike Interchange at
Northlake Boulevard. Mr. Ecclestone has paid for the feasibility study that
took care of environmental issues. Vice Mayor Furtado reported that the
tight diamond design of the interchange would not negatively impact
BallenIsles and described the proposed earth walls, with the Turnpike
building located in the center of the cloverleaf on the southwest corner.
Vice Mayor Furtado stated that Mr. Ecclestone agreed to the Turnpike
entrance on the western side aligning with the Commerce Park entrance.
Vice Mayor Furtado stated that the City had to approach the MacArthur
Foundation regarding the property needed and requested that a letter be
sent to that effect, pointing out that the MPO would be sending them a
letter as well. Vice Mayor Furtado asked that CAN also send a letter to
MacArthur. Mayor Russo stated there were a number of people in PGA
National that did not want the Turnpike Interchange on Northlake
Boulevard, even though it's something that has always been projected.
Vice Mayor Furtado stated that there were 8 different concepts that she
reviewed and the one that she has been discussing had virtually no impact.
Vice Mayor Furtado stated that the two projects that have consistently
CITY COUNCIL REGULAR MEETING, 9/19/96
shown the greatest impact on CRAWLS on PGA Boulevard and Military
Trail was the interchange and the flyover. Mayor Russo wanted assurance
that the Turnpike Interchange would do away with the need for Jog Road
to go through PGA National so that the residents could be given that
information. Vice Mayor Furtado stated that until more ingresses and
egresses were provided on the Turnpike the problem with trucks on I -95
would continue. It was the consensus of the Council to discuss this issue
at the end of the agenda under Items by the Mayor and City Council. Vice
Mayor Furtado pointed out that County Commissioner Karen Marcus
stated that if the Turnpike Interchange at Northlake Boulevard became a
reality she would agree that there would be no need to put Jog Road
through PGA National.
Councilwoman Monroe asked when the permanent sound barrier walls
would begin to be built along I -95, and Vice Mayor Furtado stated they
were originally planned for 2005, however, being a 5 -year project to
completion, the project would be completed by the year 2002. Vice Mayor
Furtado stated that this included the flyover, the widening, and the sound -
barrier walls. Vice Mayor Furtado added that if the project was approved
at the public hearing in 1997, it would start immediately.
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COMMENTS FROM
THE PUBLIC
Tony Anthony Tony Anthony, resident on Holly Drive, addressed the City Council
regarding his dissatisfaction with the work done on Holly Drive. Mr.
Anthony stated he met with Public Works Director Bob Patty and
Assistant City Manager Greg Dunham regarding his concerns, however
was not satisfied with that meeting. Mr. Anthony stated that the City did
not notify residents on Holly Drive that the work was going to take place.
City Manager Herakovich stated that several task force meetings were held
and letters were sent to the residents along Holly Drive. Mayor Russo felt
that this was an excellent point and stated that the proposed Community
Affairs position could handle these types of situations. Mr. Anthony stated
that the Public Works Director has not been able to show him in writing
where the curb in front of his house was illegal, however, when he
returned from a three week vacation it was torn out and put on his
driveway. Mr. Anthony expressed his dissatisfaction with the
communication that the City has with residents along Holly Drive. Mr.
Anthony stated that he has video taped various problems that have
occurred during the Holly Drive project and invited the City Council to
call him to view this video.
Mayor Russo requested Mr. Anthony give his written concerns to the
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CITY COUNCIL REGULAR MEETING, 9/19/96
City Manager for her response and asked that the City Council receive a
copy of Mr. Anthony's letter and the City Manager's response.
Linda Huey Linda Huey, resident of Palm Beach Gardens, addressed the City Council
and stated that she was Co- Chairman of the RV/Boat Task Force
Committee. Approximately 5 -6 weeks ago Building Official Jack Hanson
called her and asked her to contact the members of the Committee to get
the word out to rv/boat owners regarding the stickers. The Committee had
stated that this information would be put out in a City publication of the
CityLine, however, the last two issues have not included information on
this issue. Ms. Huey expressed her dissatisfaction that this information
has not been sent to the residents and hoped that this information would be
given out as early as possible. Ms. Huey further expressed her
dissatisfaction with the time the City Council was giving to non - residents
who were objecting to the proposed Communication Towers.
Mayor Russo stated that residents of the City as well as those that are
neighbors had rights and the process the City Council has been going
through regarding the Communication Towers protects people and gives
them the opportunity to voice their concerns. Mayor Russo also stated that
the City Council has been going through the process in an effort to protect
the rights of individuals as well as the City.
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CITY COUNCIL REGULAR MEETING, 9/19/96
Councilwoman Monroe stated that in terms of jurisdictions, the County
has protected the City in the past and the City has an obligation to be a
good neighbor to surrounding communities. Councilwoman Monroe
stated she too was disappointed that the residents have not been notified
regarding the rv/boat stickers. City Manager Herakovich stated that Code
Enforcement has done the best they could in trying to identify boat and ry
owners in the City. City Manager Herakovich stated that a letter has been
written to the residents and would be going out very soon.
Councilwoman Monroe stated that the Task Force worked very hard to
develop a time frame and the City Council adopted that time frame.
Councilwoman Monroe stated that she would rather staff come back to the
City Council if that time frame could not be accomplished. It was pointed
out to Ms. Huey that people would not be penalized if they do not receive
the notification in a timely manner.
Mayor Russo pointed out that students from the American Government
Class of Palm Beach Community College were in attendance this evening
and welcomed them to the meeting.
CONSENT AGENDA
Vice Mayor Furtado requested Item 3 of the Consent Agenda, Approval of
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CITY COUNCIL REGULAR MEETING, 9/19/96
the City Council 9 /5/96 Regular Council Meeting Minutes be pulled from
the agenda as an item from that agenda was not included in the minutes.
Councilwoman Monroe requested that Item 5, Resolution 143, 1996,
consideration of approval of simultaneous processing of applications, be
pulled from the agenda for discussion.
Councilman Clark made a motion to approve the Consent Agenda, less
Items 3 and 5, seconded by Councilman Jablin. The motion was
unanimously carried.
The following items were approved on the Consent Agenda:
1. Approval of City Council 8 /20/96 Regular Council Meeting Minutes.
2. Approval of City Council 8 /26/96 Special Regular Meeting Minutes.
4. Proclaiming the month of September, 1996 as "Sickle Cell Awareness
Month ".
6. Resolution 146, 1996 - Approval of an amendment to the Interlocal
Agreement between the County and the City for automatic aid.
7. Resolution 147, 1996 - Approval of an amendment to the Interlocal
Agreement between the County and the City for Dispatch Services.
PUBLIC HEARINGS
Ordinance 16,1996 Mayor Russo declared the Public Hearing open on Ordinance 16, 1996,
amending Ordinance 24, 1995, same being the Budget Ordinance of the
City of Palm Beach Gardens for the Fiscal Year beginning 10/1/95 and
ending 9/30196, inclusive. There being no comments from the public,
Mayor Russo closed the Public Hearing.
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CITY COUNCIL REGULAR MEETING, 9/19/96
Councilwoman Monroe made a motion to place Ordinance 16, 1996 on
second reading, by title only, and for adoption of same. Councilman
Clark seconded the motion, which was unanimously carried. The Deputy
City Clerk read, by title only, Ordinance 16, 1996.
Resolution 144,1996 Mayor Russo stated that Resolution 144, 1996, was for consideration of
approval of an amendment to Frenchman's Creek DRI. Mayor Russo
declared the Public Hearing open.
City Planner Kim Glas addressed the City Council and stated that this was
a minor amendment to the DRI master plan to provide an emergency
vehicle access from Flamingo Road. Ms. Glas stated that this was a public
hearing as it had to be reviewed by Treasure Coast Regional Planning
Council and the Department of Community Affairs. Ms. Glas pointed out
that the DCA stated they would have no comments and would not issue a
letter regarding this issue. Ms. Glas stated this is not a substantial
deviation to the DRI, but considered a minor amendment for the
emergency access.
There was a discussion on why an emergency entrance was not originally
included on AlA, and Assistant City Manager Dunham stated that the
emergency access there was not a through road, but led only to the
maintenance sheds.
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CITY COUNCIL REGULAR MEETING, 9/19/96
Mr. Julio Dumas addressed the City Council on behalf of the Homeowners
Association of Frenchman's Creek and stated at one time this location had
a construction entrance, however, FDOT would not permit a turn-out into
the development at that time. The developer was given temporary access
for construction purposes only, but had a specific time that the access had
to be closed. Mr. Dumas gave a brief history of the requests and internal
problems in the past for this emergency access. Councilwoman Monroe
stated that it seemed like the location on the Alternate AIA side was the
fastest way to access an emergency in the Frenchman's Creek
development and felt that having to go all the way over to Prosperity
Farms Road and then come back would create a problem. Councilwoman
Monroe felt that impacting on the southwest side would be more efficient
for the safety of the residents in this community. Mr. Dumas stated that on
the southeast corner of Frenchman's Creek there were no immediate
residences.
In response to Councilwoman Monroe, Ms. Glas stated that the City's Fire
Department had no comments on the requested amendment.
Councilwoman Monroe stated that per the City's Interlocal Agreement, the
County would be the first to respond to this community.
There being no comments from the public, Mayor Russo declared the
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Public Hearing closed.
Vice Mayor Furtado made a motion to approve Resolution 144, 1996,
seconded by Councilman Jablin. Councilman Clark felt that it was a great
idea to have an emergency access and that the area on Flamingo was fine,
however, pointed out that there has been a concern expressed by The
Sanctuary Homeowners Association that it not become a service entrance
and that the use not be expanded. The motion was unanimously carried.
RESOLUTIONS
Resolution 139,1996 Mayor Russo stated that the City Council heard from staff and had a
presentation regarding Resolution 139, 1996, at the 9/3/96 meeting and
asked if the attorney for the petitioner had any addition information he
would like to add.
Attorney Steve Mathison addressed the Council and stated that the two
neighbors have not settled on an agreement.
Attorney Mathison stated he represented Mr. and Mrs. Harvey Kalt,
petitioners, and pointed out that this resolution was for a waiver or
variance to the City's code requirements for a 7.5 foot sideyard setback.
Attorney Mathison stated that this was not a matter whereby the house or
structure encroaches over a property line, but was a sideyard setback,
where the least variance would be approximately nine inches in front of
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the house and at it's maximum variance would be two feet at the back of
the house. Attorney Mathison felt that every element necessary to
establish what a variance would be was present in this case and clearly
stated. Attorney Mathison stated that this was a very minor sideyard
setback and felt that these types of variances were common in the City.
Attorney Mathison stated that this matter is before the Council for a
variance because the two neighbors have a dispute regarding money
damages which may or may not arise out of the slight encroachment of the
sideyard setback. Attorney Mathison stated that while the house is 95%
completed, Mr. and Mrs. Kalt cannot occupy this home because the
construction cannot proceed forward until the City Council makes a
decision regarding the setback variance.
Attorney Mathison stated that at the request of the City Council at the
9/5/96 meeting, Mr. and Mrs. Kalt agreed to wait until this evening for the
decision in order to accommodate the neighbor's request to obtain legal
counsel to resolve this matter. Attorney Mathison stated that he wrote a
letter to the neighbor encouraging him to seek legal counsel and
unfortunately received a letter from an attorney yesterday stating that he
did not have the time between yesterday and this evening to fully review
the matter and properly represent the Kalt's neighbor in negotiating a
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CITY COUNCIL REGULAR MEETING, 9/19/96
resolution to this matter. Attorney Mathison stated that this Council and
Mr. and Mrs. Kalt have gone out of their way to provide additional time
for the neighbor to get legal counsel and asked that the Council proceed
with approval of Resolution 139, 1996, and asked that the Council not take
sides with either neighbor. Attorney Mathison asked the City Council to
approve this Resolution tonight based on the facts and evidence placed in
the record at the last meeting, and pointed out that the Council is only
hearing this to make a zoning decision and not a money damage decision.
Attorney Tom Yeager, representing Mr. and Mrs. Witcom, addressed the
City Council stating that he would not agree to a variance on behalf of his
clients. Attorney Yeager felt the City Council should not be pressured to
make a decision based on someone else's mistake. Attorney Yeager stated
that this was a preventable error and felt that Mr. and Mrs. Kalt had
remedies available to them through their builder and surveyor when the
mistake was made. Attorney Yeager stated that his clients do not want a
money judgement, but want what they bought .... a house in a subdivision
with known setbacks approved by the City Council. Attorney Yeager
stated that Mr. and Mrs. Kalt were advised in February, 1996, that their
building encroached on the neighbor's property, however, they did not
stop construction at that time. The builder waited until August, 1996, to
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CITY COUNCIL REGULAR MEETING, 9/19/96
approach the City once the house was built. Attorney Yeager pointed out
that when either neighbor sells the house they would have to point out this
problem to any potential buyer. Attorney Yeager stated that this problem
was self - imposed and could have been stopped in February, 1996.
Attorney Yeager stated that he would be agreeable to delaying the City
Council decision regarding the variance in an effort to attempt a
settlement, however, if the Council decided to proceed this evening he
would ask that they deny approval of the variance.
Mayor Russo stated that he had a problem with Attorney Mathison stated
that there are variances throughout the City. Mayor Russo asked that the
Building Department report back to the City Council on the number and
types of variances that have been approved by the City.
Mayor Russo stated that he visited the site and stated that the lots are an
odd shape. Mayor Russo asked the City Attorney to comment on what the
City Council needed to do this evening regarding this request.
Assistant City Attorney Paul Golis stated that he advised Attorney
Mathison that this was not a variance procedure, but was a site plan
amendment as referenced in the resolution. Attorney Golis stated that in
the event there is a determination made by the City Council that a variance
is warranted, there are certain criteria in the City Codes that discusses what
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CITY COUNCIL REGULAR MEETING, 9/19/96
the Council could consider in granting a variance. Attorney Golis stated
that if the Council denied the site plan amendment, something would have
to be worked out between the parties.
Mayor Russo stated that he found this situation very difficult because the
Council was to protect all residents.
Councilwoman Monroe stated that per the staff report, the form board
survey was done on 10/5/95 and a second survey was conducted on
2/28/96 when the residence was 90 percent complete. Councilwoman
Monroe asked how staff knew the residence was 90% complete in
February and if the City was made aware of this discrepancy at that time.
City Planner Marty Minor stated that the 90% figure came from the
petitioner and the City was made aware of the situation in August, 1996.
Attorney Mathison stated that the survey in February, 1996, stated that the
house was where it was suppose to be (7.5 feet off the property line),
however, there was a dispute between the two neighbors as to some trees
in that location in early 1996. Mr. Witcom had the property surveyed and
discovered that not only were the trees on his property, but that the house
was not set back properly. Attorney Mathison stated that he notified the
City's Building Department in February, 1996, about the problem, and
verified that the house was 90% complete at that time. It was then decided
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that the only solution to the problem was to bring the matter before the
City Council. Attorney Mathison stated that no approvals or permits were
issued between February, 1996 and August, 1996, and the exterior of the
house has not been completed. The interior of the house was brought
along in the building process, thereby producing a house that is now 95%
completed.
Mr. Witcom addressed the City Council and stated that the status of the
house in February, 1996, was that the cindar block walls were up and the
strut ties on the roof were being put installed, however, the walls were not
closed in and the inside of the house was not being worked on.
Councilwoman Monroe stated that the City's Building Department staff
should be available to present inspection history and pointed out that she
would like to know what the last inspection in February was for and what
date it was done.
Councilman Jablin felt that the City Council had to make a decision as to
whether the house is tom down or a variance is granted. Councilman
Jablin felt that if the City Council wanted to have an investigation as to the
dates inspections occurred and why that was a separate issue than what
was before the Council this evening.
Attorney Mathison pointed out that the City Council was not to decide
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money damage issues, but only the variance to the sideyard setback, and
felt that his clients deserved a decision this evening.
Mayor Russo stated he was concerned with the legal position that the City
was in regarding this issue and pointed out that the Council had to make a
decision based on the facts presented. Mayor Russo stated he did not want
the City to become entangled in lawsuits and pointed out that at the last
meeting the City Council attempted to try to get the two neighbors to a
point of solution between themselves.
Attorney Golis stated that if the Council was discussing a variance there
would be seven factors for the Council to consider as indicated in the
City's Code. Attorney Golis reiterated the fact that this was not a variance
procedure, but the consideration of an amendment to a site plan as the
zoning is in place. There were errors made, however, that was not the
issue for the Council to consider. The issue for the Council's
consideration was whether or not there would be an amendment to the site
plan for this development. Attorney Golis stated that once the Council
made a decision the two neighbors would have to decide what their next
step would be in resolving the situation. Attorney Golis stated that if the
Council were discussing straight zoning and the Codes could not be met,
then a variance would be requested, however, Attorney Golis felt the issue
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was whether or not the City had Code criteria that a PUD would be in
place that would be enforced by the City.
Attorney Mathison stated that by the strict requirements of the Code this
would be an amendment to a PUD and that through the mistake of a
surveyor an extreme hardship has been caused because the owners cannot
move into their home.
Councilwoman Monroe stated that the City Council is frequently asked to
change setbacks within these variances PODs, but invariably these are in
instances where the lots have not been built on and does not affect anyone.
Councilwoman Monroe felt that while the amount of the setback may
seem minor to some, it may not be minor to another. Councilwoman
Monroe stated that there was harm, however, the City Council should not
get into the harm or how much harm has been done.
Councilman Clark stated that he saw this as a choice two a couple of
hardships. Councilman Clark stated that if the Council denied the site
plan amendment, leverage is given to one side which could result in the
house being torn down and rebuilt. Councilman Clark felt that this would
then cease to be a damages dispute and become something more personal
and long lasting. If the Council approved a site plan amendment, the
house would be left in place and such approval would not impact the
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ability of the adjoining landowner to obtain damages from the surveyor.
Councilman Clark felt the latter approach would be the superior solution,
and asked the City Attorney if the Council decided to grant the site plan
amendment being requested was there potential liability on the part of the
City. Attorney Golis stated that the options before the City Council are to
either approve or deny the site plan amendment. If approved and
detriment is given to the person who is trying to enforce their existing
setbacks, the City could possibly be liable. If a sufficient record is
established and a basis is established on the record for the decision of the
City Council, this would be a legislative decision of the City Council. The
court would decide if the City was liable based on the legislative decision
of the City Council.
Councilman Clark felt that the City Council had all the facts needed to
make a decision, even though they would like more information to
determine how the mistake occurred.
Attorney Mathison stated he would be happy to work with City staff to
develop a mechanism for mistakes before they get too far. Councilwoman
Monroe stated that she felt the City Council's decision should be based on
what the residence looked like in February according to City records and
what kind of hardship it might have been to correct the
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hardship at that time.
Vice Mayor Furtado stated that she agreed with Councilwoman Monroe
and felt that in February, 1996, this could have been prevented.
Councilwoman Monroe and Vice Mayor Furtado stated they were not
prepared to vote until they had a report from staff as to the status of the
residence in February, 1996.
Mayor Russo stated that he went out and looked at the properties and
thought that on the evaluation of the request the facts that need to be
presented need to show actual impact. Mayor Russo pointed out that if a
decision was made this evening it should not be made on whether
someone made a mistake, but must be a decision to change a site plan that
would not affect anybody. Mayor Russo felt that the fact that someone
made a mistake was not enough justification to vary a PUD.
Councilman Clark stated that he understood Councilwoman Monroe and
Vice Mayor Furtado's position, however, felt that this needed to be
decided tonight so that the neighbors could go on with their lives since
there was an avenue for a remedy for money damages.
Councilman Clark made a motion to approve Resolution 139, 1996,
seconded by Councilman Jablin. The motion was approved by a vote of 3
ayes and 2 nays, with Vice Mayor Furtado and Councilwoman Monroe
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casting the nay votes for reasons previously stated.
Resolution 143,1996 Councilwoman Monroe stated that she was concerned that the City
Council did something in the past do help staff prevent doing something
with the simultaneous processing and the idea being that if you do not
know what the City Council will decide on one development order you
may be wasting staff time by processing the second development order.
Councilwoman Monroe stated that she was told this would be done on a
case by case basis and the City Manager would be the one to make the
determination. Councilwoman Monroe felt that doing these on a case by
case it would set a precedent and it put the City Manager or designee in a
bad position. Councilwoman Monroe felt that the language contained in
Section 1, paragraph 2, stating that she could not imagine when a
development order was not dependent on policy issues determined by final
action of the City Council on the comprehensive plan amendment, DRI,
PCD, or PUD, or an amendment thereto.
Mayor Russo felt the Council would want to see the whole project and not
just part of it at a time. Mayor Russo felt that this Resolution would get
the whole process before the Council at the same time for their
consideration.
Using the Publix at the Promenade Plaza as an example, Councilwoman
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CITY COUNCIL REGULAR MEETING, 9/19/96
Monroe stated that when that PCD was approved, the Council did not have
all the plans before them, but were asked if certain concepts were right for
a particular location. Councilwoman Monroe questioned allowing
simultaneous processing of applications on a case by case basis, stating
that either the City will allow everyone to do this procedure or face the
possibility of setting a precedent that could be used by other projects.
Councilwoman Monroe asked that the language that stated "not dependent
on policy issues determined by a fmal action of the City Council' could be
tightened up so the intent would be more clear.
Councilman Clark felt the language should state that the decision was
discretionary with the City Manager and is subject to the City Council
action on the whole package.
City Attorney Golis stated he believed there should be objective criteria
that exists so that the City Manager knows exactly what kind of
parameters she had to work with when she is making that determination if
the Council decides to give that discretion to the City Manager.
Councilwoman Monroe suggested postponing Resolution 143, 1996, for 2
weeks to have an opportunity to work on the wording. Attorney Steve
Mathison, representing the Golf Digest Development, introduced Jack
Mathis, Project Manager for the golf portion of the overall property, and
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CITY COUNCIL, REGULAR MEETING, 9/19/96
Mr. Chuck DeSanti, Planning Consultant for Golf Digest. Mr. DeSanti
stated the timing on this issue is critical, however, did not feel a 2 week
delay would pose any problems. Mr. DeSanti stated that the project has
been funded by the New York Times Company that owns Golf Digest and
there is a mandate to get this project in the ground by next summer. Mr.
DeSanti stated this Resolution has been requested in an effort to bring to
the Council the core of the project, which is the green space and to lock
that in perpetuity. If this is approved the Council would be locking in the
open space, wetlands, drainage and Golf Digest facilities. Mr. DeSanti felt
that this would provide the Council with the security as they finalize any
remaining POD developments within the PCD.
Mayor Russo did not want to prolong the process for any future resident of
the City, and felt that the City owed the future residents to help the process
and not cost them a lot of money needlessly.
It was the consensus of the City Council to postpone Resolution 143,
1996, until the October 3, 1996, agenda to develop more acceptable
language.
Resolution 145,1996 City Planner Kim Glas stated that Resolution 145, 1996, was for approval
of a site plan for Frenchman's Creek Emergency Access at the southeast
corner of the development. Ms. Glas stated that the development is
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CITY COUNCIL REGULAR MEETING, 9/19/96
putting in additional landscaping and the plans have been reviewed by the
Engineers and the Fire Department for appropriate grades and radius. Ms.
Glas stated that the Council had a revised Resolution 145, 1996, this
evening for consideration of approval, with an added condition.
Vice Mayor Furtado made a motion to approve Resolution 145, 1996,
seconded by Councilman Clark. The motion was unanimously carried.
ORDINANCES
Ordinance 18,1996 City Planner Marty Minor explained that this was a PUD on the southwest
corner of PGA Boulevard and U.S. Highway 1 that was approved in 1986
for 180,000 square feet of office space, 117,500 square feet of retail and a
30,000 square foot health club. Mr. Minor stated that since the original
approval, the 22,250 square foot southern retail building was constructed,
however, nothing else has been constructed on this site since that time.
Mr. Minor stated that the time extension approval expired on 7/7/96 and
the petitioner submitted an application for an additional time extension for
this PUD on 7/3/96. Mr. Minor stated that during this time the City
adopted Ordinance 15, 1996 which revised the "Effective Period of
Development Orders" section of the Land Development Regulations and
now requires the petitioner to address certain criteria for the Council to
determine if a "good faith" effort by the developer to complete the project
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CITY COUNCIL REGULAR MEETING, 9/19/96
in the allotted time. Mr. Minor stated that the applicant is proceeding, at
its own risk, concurrently with an amendment (known as the City Centre
PUD) to this Planned Unit Development. The amendment to the PUD will
not be decided upon until after the disposition of the time extension
petition.
Mr. Minor stated that the justification for the criteria for approval of a time
extension was in the Council package, however, noted that staff
discovered a discrepancy in the traffic report and the petitioner has
submitted a revised report that is being reviewed. This review will be
completed by the time the Public Heairng is held on this request.
Councilwoman Monroe did not feel that the staff report was written to
cover the issues in the Ordinance and felt that it should include if it was
consistent with the development regulations, which she stated it was not.
Councilwoman Monroe felt that the ordinance should include whether the
plans met performance standards, however, at this time it could not be
determined because the plans have not been reviewed by the City Council.
Councilwoman Monroe did not believe that approving a time extension
had anything to do with any potential development order. Councilwoman
Monroe felt that staff should include what has been done to the property
according to official records of the City.
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CITY COUNCIL REGULAR MEETING, 9/19/96
Councilwoman Monroe made a motion to approve Ordinance 18, 1996,
for first reading, by title only. Councilman Clark seconded the motion.
Vice Mayor Furtado stated that she did speak to the owner of the property,
but it in no way affected her vote. The motion was unanimously carried.
The Deputy City Clerk read Ordinance 18, 1996, consideration of approval
of City Centre (f/k/a Oakbrook Corporate Centre) Vested Rights
Determination and Time Extension, by title only.
Ordinance 19, 1996 Vice Mayor Furtado stated that she is the liaison to the Recreation
Advisory Board and had some comments regarding Ordinance 19, 1996,
amending Section 46 -33 of Article II of the Palm Beach Gardens Code of
Ordinances entitled "Recreation Advisory Board. Vice Mayor Furtado
stated that it has occurred to her that the Board is not functioning to the
best of its potential. When the Board was given a specific task, such as the
parks ordinance, they did a phenomenal job. Vice Mayor Furtado stated
that in this stage of the City's growth she did not feel the Board had to
meet every month and should meet once every couple of months if there
was not a specific task to perform. Mayor Russo stated he was the liaison
to the Recreation Advisory Board for a number of years and felt that when
the City was smaller there was more of a need for this advisory board,
however, staff now does what the Board did when it was started. Mayor
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CITY COUNCIL REGULAR MEETING, 9/19/96
Russo felt the Council should create a team made up of representatives
from PBGYAA, staff, and a financial person, to master plan future
recreation needs.
Councilwoman Monroe agreed with the suggestions and felt that it may be
more productive if the Board met every two months.
Councilwoman Monroe made a motion to deny first reading of Ordinance
19, 1996, seconded by Councilman Clark. The motion was unanimously
carried. Staff was directed to review the needs for the Recreation
Advisory Board and discuss the thoughts of the City Council with the
Recreation Advisory Board members.
ITEMS FOR
DISCUSSION
Golf Course Contract City Manager lerakovich stated that the City's contract with Dubin and
Associates expires 9/30/96, and staff recommended that Dubin and
Associates be approved for extension of contract for an additional 2 years.
City Manager Herakovich stated that staff brought in John Rossi to do a
Golf Course Management Study before a management company was hired
and he again did a study before the recommendation for the extension.
Mr. Rossi gave a very favorable report to Dubin and Associates, and City
Manager Herakovich stated that the City is pleased with the continued
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CITY COUNCIL REGULAR MEETING, 9/19/96
decrease in the deficit. City Manager Herakovich stated that Dubin and
Associates' fees have changed a little because they are now taking on the
turf management program and the golf course superintendancy, which was
previously separately contracted out. There is an increase of
approximately 3.5% the first year and 3.8% for the second year.
Vice Mayor Furtado made a motion to authorize and direct the City
Attorney execute a two year contract with Dubin and Associates for
management of the City's Golf Course, Councilman Clark seconded the
motion, which was unanimously carried.
Sponsorship Program
for Parks and
Recreation City Manager Herakovich stated that the Council may have noticed that
there are sponsorships for the various events held by the Recreation
Department and the City has asked for and received proposals from local
bottling companies for the right to become the designated soft drink
beverage company. With that there was a package to advertise for the
right to provide beverages at the community centers and concession
stands. Staff recommended Council consider a motion to enter into a
contract with Pepsi -Cola Bottling Company.
Vice Mayor Furtado made a motion authorizing and directing the City
Manager and the Recreation Director to enter into a contract with Pepsi-
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CITY COUNCIL REGULAR MEETING, 9/19/96
Cola Bottling Company. In response to Councilwoman Monroe, City
Manager Herakovich stated that Pepsi -Cola has agreed to additional
addendums and asked that Council approve the concept of the contract and
would meet with the City Attorney to include some additional language to
protect the City should the City decide not to continue with the contract.
Vice Mayor Furtado withdrew her motion and Councilman Jablin
withdrew his second. Vice Mayor Furtado made a motion to conceptually
approve the contract with Pepsi -Cola Bottling Company and that the City
Manager and City Attorney review the proposed contract for sponsorship
purposes. Councilman Jablian seconded the motion, which unanimously
carried.
Frenchman's Forest
Nature Center Concept
in Capital Improvement
City Manager Herakovich stated that during the Vision process, staff had
identified sites to be used as eco -sites throughout the community. City
Manager Herakovich stated staff has been working with County staff to
develop a concept for a nature center. David Porter has volunteered his
services to develop a conceptual plan. City Planner Kim Glas stated that
the County has acquired the property in question and is in the process of
writing a management plan for uses and structures. The County has asked
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CITY COUNCIL REGULAR MEETING, 9/19/96
the City for further details for a nature center and the grant would have to
include information regarding activities and structures planned for the site.
David Porter addressed the Council and detailed conceptual plans for the
eco -site, including 4 different buildings, pathways through the woods, etc,
City Manager Herakovich stated that the City would use the site for
environmental recreational programs for school children, seniors,
birdwalks, etc. Councilwoman Monroe suggested a cooperative effort
with the Pine Jog Center run by FAU. City Manager Herakovich stated
that staff has been reviewed several alternatives and pointed out that there
is not this type of educational facility in this area and staff was hopeful
that this facility would become a reality for the residents.
Municipal League
Delegate and
Alternate Delegates It was suggested that Mayor Russo be placed as the Regular Delegate, with
the City Manager /Assistant City Manager as an Alternate and Richard
Walton, Planning & Zoning Director as the second alternate. It was
further suggested that Kim Glas, Principal Planner, be added as an
alternate. Vice Mayor Furtado made a motion to approve Mayor Russo as
the Voting Delegate and the City Manager or her designee as the alternate
delegate for the Palm Beach County Municipal League. Councilman
Jablin seconded the motion, which was unanimously carried. Mayor
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CITY COUNCIL REGULAR MEETING, 9/19196
Russo felt that in the Council/Manager form of government, the City
Manager should represent the City at the Municipal League.
CITY MANAGER
REPORT City Manager Herakovich stated the Council received an Interoffice
Memorandum from Assistant City Attorney Paul Golis regarding the
Interlocal Agreement with Palm Beach County School District re;
coordination of planning answering questions the Council asked regarding
this issue.
City Manager Herakovich stated that staff met with Cathy Babin regarding
signage at the roller hockey rinks at Plant Drive. It was once again
determined that the request for signs inside the roller hockey rinks did not
meet the Sign Code and staff would not support a recommendation to
allow that request. Ms. Babin would like to come before the Council to
further discuss this request.
City Manager Herkovich stated that the Art Advisory Board and the
Beautification & Environmental Committee met together and agreed on
the City sign to be presented to the City Council and the City is now at a
point where more research needed to be done. There needed to be
information determined regarding the material, size, letters, etc. for these
signs. City Manager Herakovich stated that sign manufacturers are
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CITY COUNCIL REGULAR MEETING, 9/19/96
quoting hours quoting $6500 to present the City with further details and
asked the Council for direction. At that meeting, the Art Advisory
Committee determined that signs were not art and felt that the funding
could not come from the Art in Public Places monies, however, City
Manager Herakovich stated this would be a policy decision of the City
Council if they would like to amend the ordinance.
City Manager Herakovich stated that the artist for the "Double Rainbow"
sculpture has been offering the purchase of the sculpture to the City. City
Manager Herakovich stated that by the end of the year the sculpture may
be donated to the City.
City Manager Herakovich stated that the City of Palm Beach Gardens has
a theme that has to do with history and presented the sign recommended
by the Art Advisory Committee and the Beautification & Environmental
Committee. The Council wanted to review some additional proposals
before the City Manager spent $6500 for futher details by the sign
manufacturers.
City Manager Herakovich reported that the NorthCorp drainage issue has
been proposed and signed off on by the City Engineer pending bank
authorizing Gee & Jenson to do some review and to authenticate the fact
that the existing parking lot at NorthCorp was originally a poor design and
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CITY COUNCIL REGULAR MEETING, 9/19/96
would always flood if not redesigned. The redesign meets the City's Land
Development Regulations and South Florida Water Management District's
criteria.
ITEMS BY MAYOR
AND CITY COUNCIL
Mayor Russo Mayor Russo stated that he had a copy of the Palm Beach County
League's solution to the overcrowding of schools and asked that the
Council be copied. Mayor Russo stated that this solution states that if the
plan doesn't work then the sales tax could be removed. Mayor Russo
stated that if the sales tax is removed there would be a bigger problem then
there was to begin with and he did not vote for this version. Mayor Russo
stated that the next meeting would continue with this issue and stated that
the Municipal League wants nothing in the solution that deals with levels
of service.
Mayor Russo stated that whoever the City sends as its delegate to the next
meeting on September 24, 1996, votes against the proposed version.
Vice Mayor Furtado Vice Mayor Furtado gave Council members copies of the feasibility study
regarding the interchange. Vice Mayor Furtado asked staff to get MPO
traffic model information that was used during the CRAWLS
consideration it would assist in the effort. Vice Mayor Furtado stated that
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CITY COUNCIL REGULAR MEETING, 9/19/96
she volunteered the City to do a write up on Holly Drive, outlining the
problems that existed before the work was done because the MPO is
looking at various projects such as this done by cities.
Vice Mayor Furtado stated that any city that wants to put grass in the
concrete medians, the County is offering the City that option as long as
their public works employees could mow the grass.
Councilwoman
Monroe Councilwoman Monroe reported that Mr. Vavarus would be in the area
next week to meet with the equestrian people regarding an equestrian
community. Mr. Messier, on behalf of Mr. Cordani, is working on a
preliminary type of layout for an equestrian community and to determine if
Mr. Vavarus would be interested in this concept for his site.
Councilman
Jablin Councilman Jablin reported that the Education Advisory Board had an
idea that businesses could underwrite some educational needs.
Councilman Jablin asked members of the Education Advisory Board to
elicit ideas for needs from all the schools in Palm Beach Gardens.
Councilman Jablin stated that Timber Trace has been lobbying for a nurse,
however, the local medical community has not come forth with a nurse for
their school. Councilwoman Monroe asked for information regarding an
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CITY COUNCIL REGULAR MEETING, 9/19/96
agreement or a letter that she could take to the Gardens Medical Center for
their consideration. The Council agreed that the ideas presented by
Councilman Jablin were worth pursuing.
CITY ATTORNEY
REPORT Assistant City Attorney Paul Golis stated that Terry Watterson asked him
to inform the City Council regaridng the Byrd, Erbacher and Bullock suit.
In May, 1996, the City Council, in an Attorney - Client Privilege meeitng,
authorized Terry Watterson to settle all three cases for up to $100,000.
The City went to trial and during that trial settlement negotiations were
entered into and there is a proposed settlement for $99,000 for all three of
the parties (Byrd, Erbacher and Bullock) with no distinction as to which
individual would receive any specific amount. Also, the City Manager, the
City, Byrd, Erbacher and Bullock exchanged full releases as to all future
liabilities. Byrd, Erbacher and Bullock would agree never to apply to the
City for jobs in the future and there would be a memorandum placed in
Ms. Byrd's personnel file that would be agreeable to all parties. Attorney
Golis requested that City Council ratify the $99,000 settlement and
authorize Terry Watterson to sign all pleadings necessary to close the file,
and authorize the City Manager to sign all necessary settlement documents
on behalf of the City.
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CITY COUNCIL REGULAR MEETING, 9/19/96
Vice Mayor Furtado made a motion to approve the recommendations
made by Attorney Golis with regard to the Byrd, Erbacher and Bullock
suit, seconded by Councilman Clark. Mayor Russo stated he would be
voting in favor of this tonight because it is procedural. The motion was
unanimously carried.
ADJOURNMENT There being no fiuther business to discuss, the meeting was adjourned at
11:15 P.M.
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CITY COUNCIL REGULAR MEETING, 9/19/96
APPROVAL
Mayor Jose f. sso
Vice Mayor Lauren Furtado
ATTEST:
4
Cindy Harvey, Deputy City Clerk
41
inda Monroe
/ r
Co an '
Councilman David Clark