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HomeMy WebLinkAboutMinutes Council 020196CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS FEBRUARY 1, 1996 The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Mayor Russo at 7:30 P.M. in the Assembly Room of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of Allegiance to the Flag. ROLL CALL The City Clerk called the roll and present were Mayor Russo, Vice Mayor Furtado, Councilwoman Monroe, and Councilman Jablin. Mayor Russo announced that Councilman Clark was out of the country on business. ANNOUNCEMENTS City Manager Herakovich announced that Councilman Clark had called from Indonesia to congratulate his fellow Council members on their re- election. Mayor Russo also extended his congratulations. Mayor Russo stated that the announcements were as posted on the City's bulletin boards. PRESENTATIONS: 2015 TRANSPORTATION PLAN Palm Beach County Commissioner Karen Marcus and Randy Whitfield, Director of the county's Metropolitan Planning Organization, explained that maintaining a CITY COUNCIL REGULAR MEETING, 2/1/96 PAGE 2 20 -year transportation plan was one of the organization's primary responsibilities in order to receive State and Federal funding, and reviewed a consultant's report in which a roadway plan had been completed, costs predicted, and funding sources identified. The report had reached the conclusion that drivers would face gridlock on Palm Beach County roads, and that anticipated funding would not be sufficient to meet costs of the transportation improvements. Councilwoman Monroe expressed concern with the small amount of traffic in HOV lane, to which Mr. Whitfield responded that the State was monitoring that program and explained that increased future traffic would force people to use those lanes. Auxiliary lanes were planned on I -95 between Northlake Boulevard and Blue Heron within the next five years to alleviate the gridlock during rush hours. Councilwoman Monroe suggested initiation of a program wherein Palm Beach County municipalities would examine their land uses and allocate buildout traffic trips to parcels instead of the current "first come, first serve" program. Commissioner Marcus urged that legislators be contacted to lobby for funding for noise barrier walls in the northern part of the CITY COUNCIL REGULAR MEETING, 2/1/96 County, and that a meeting be set up with the Mayor and Council to meet with state transportation officials about solutions to noise complaints by residents east of I -95 between Northlake Boulevard and Burns Road which had resulted from removal of Brazilian Pepper which had drastically increased the noise level from traffic. Mayor Russo announced a meeting of North County Development Advisory Group on February 22 at 1 P.M. to hear pros and cons of a bill now in the legislature which would reduce the size of the School. Guest speakers Tom Warner and Sharon Merchant would speak in support of the bill. Mayor Russo announced that the City Council would adopt a leadership role in the school situation. Vice Mayor Furtado expressed disappointment with the School Board's recent actions. Commissioner Marcus volunteered to work with the City Council to find separate creative funding for North County schools. WORKSHOP - EVALUATION AND APPRAISAL REPORT OF COMPREHENSIVE PLAN Principal Planner Kim Glas Castro explained that transmittal was scheduled for the second City Council meeting in April, with adoption anticipated for the second City Council meeting in August. This schedule CITY COUNCIL REGULAR MEETING, 2/1/96 PAGE 4 would necessitate direction from the City Council for the next several weeks to incorporate the City's vision into specific Comprehensive Plan Amendments. Planner Marty Minor reported all of the data had been reviewed to assure that it was the most current data available at the time of adoption of the Comprehensive Plan, which would become the baseline for comparison of updated data. The format for the town meeting scheduled for February 22 was discussed, which would include discussions regarding City Hall expansion plans, proposed changes to the City Charter, and the plan for the City's growth. AWARDTNG nF BTDS: OAKS PARK SHELTER City Manager Herakovich reported that staff had opened and reviewed two bids received for the construction of the Oaks Park Shelter, and that staff recommended the bid be awarded to R.C.P. Shelters, Inc., low bidder, in the amount of $34,747 from the 1995 -96 fiscal year budget. This item is slated for reimbursement by Palm Beach County. Councilwoman Monroe made a motion, seconded by Vice Mayor Furtado, to approve the staff's recommendation. Motion carried by unanimous vote of 4 -0. COMPRESSED NATURAL GAS SYSTEM City Manager Herakovich reported that staff had opened CITY COUNCIL REGULAR MEETING, 2/1/96 PAGE 5 and reviewed four bids received for the CNG compressor and fueling island, and that staff recommended the bid be awarded to EDO Angi Corporation, who had submitted the lowest complete bid, in the amount of $206,976, from the 1995 -96 fiscal year budget, which was slated for reimbursement from grant funds. After discussion, Councilwoman Monroe made a motion, seconded by Vice Mayor Furtado, to approve the staff's recommendation. Motion carried by unanimous vote of 4 -0. ITEMS BY MAYOR AND CITY COUNC'TT, VICE MAYOR FURTADO Vice Mayor Furtado recalled the discussion regarding infrastructure that had taken place at the visioning workshop meeting, which included traffic overloads on roads. The Vice Mayor expressed concern that the turnpike did not have enough exits and entrances to accommodate truck, and suggested the use of truck lanes instead of HOV lanes on 1 -95, which would not cost much more if combined with the widening of I -95. Vice Mayor Furtado requested council support for this idea, which she stated she would push at the MPO. Councilwoman Monroe requested a state report on how that would work. Mayor Russo commented that there were no trucks on the turnpike because of lack of accessibility. Vice Mayor Furtado stated she was glad CITY COUNCIL REGULAR MEETING, 2/1/96 PAGE 6 to have 3 more years on the Council, and expressed her opinion that there were many other qualified people in the City capable of serving on the City Council. COUNCILWOMAN MONROE Councilwoman Monroe reported on comments she received from residents which indicated that police were needed to patrol traffic on interior roads such as Military Trail more than on I -95. COUNCILMAN JABLIN Councilman Jablin applauded the City's leadership role in pushing the legislation to reduce the size of the School District. Mayor Russo suggested that the northern municipalities, including Riviera Beach, could form their own School District. MAYOR RUSSO Mayor Russo reported that Finance Director Olson would be the guest speaker at the April meeting of the North County Economic Advisory Group to discuss financial incentives. Mayor Russo reported he attended the Human Linkages meeting recently held in Juno Beach, and urged the City's support. CnMMFNTS FROM THE PUBLIC: Mayor Russo announced that several Cypress Hollow residents have requested to address the council on PCD 94 -02, and that Gloria Eunez, Richard Barrish, David Crest, Naomi Crest and Jason Barrett had indicated they would like Lewis Eunez to speak for them. CITY COUNCIL REGULAR MEETING, 2/1/96 PAGE 7 LEWIS EUNEZ Mr. Eunez stated that he resided at 5600 Cypress Tree Court in the Cypress Hollow development. Mr. Eunez stated he wished to discuss the amendment to PCD 94- 02, also known as Ordinance 15, 1994, and to focus on the buffer zone, main buffer C, bordering Cypress Hollow and Ballenlsles, which had originally provided for a 6 -foot fence located 12 -15 feet off the property lines of the Cypress Hollow residences and had contained landscaping specifications. The original intent had been to protect the existing community's visual view and to buffer the noise between the developments. In December, 1995, Cypress Hollow residents with property bordering Ballenlsles had received certified letters from BallenIsles notifying them that a 6 -foot chain link fence would be erected on the property line, and that no landscaping would be placed on the Cypress Hollow side of the fence. During subsequent investigation the residents had discovered that there had been an amendment to the PCD. The residents believed that the fence would destroy their view from their back yards, substantially lower the market value of their homes, and cause them to lose enjoyment of their properties. Mr. Eunez reported he had attended the May 24, 1994 CITY COUNCIL REGULAR MEETING, 2/1/96 PAGE B Planning and Zoning Commission and had believed that the interests of Cypress Hollow residents had been protected by the Commission "s decision to recommend to City Council that all Australian pines west of the Northlake entrance be allowed to remain. Mr. Eunez explained that an injunction to stop erection of the fence had been filed, numerous discussions had been held with staff, and both he and Cypress Hollow homeowner Julie Rossow had listened to tapes of the 7/7/94 City Council meeting to try to understand how this could have happened. They had found no discussion specifically outlining the fence, but had found that a handout had been distributed depicting the buffer, and that a resident of Cypress Hollow had requested clarification before anything else happened to his property. Mr. Eunez recapped the residents' position and requested that this matter be reopened, that resident Jeff Presser's 12/10/95 letter be addressed, and asked that the City Council prohibit any actions until all questions were answered. City Attorney Baird provided an update on the status of the lawsuit and advised the City Council that any discussion could be used against them and that the latest developments in the lawsuit were unknown. CITY COUNCIL REGULAR MEETING, 2/1/96 PAGE 9 During ensuing discussion, Mayor Russo commented that the City Council would be happy to do what they could to resolve the matter but could not discuss the matter at tonight's meeting. JULIE ROSSOW Ms. Rossow explained she was not a party to the lawsuit, was very upset, and had listened to tapes of 5/24/94 and 7/7/94 meetings to try to understand what had happened to Buffer Zone C. Ms. Rossow explained that the 5/24/94 meeting was the final P &Z meeting on this issue, and that from the tape of that meeting she had learned that Cypress Hollow residents had been present, that no one had disputed Dr. Jeff Presser when he had stated the fence location of 12 -15 feet off the property line, that no evidence of a different Buffer C diagram had been indicated. Mrs. Rossow questioned how Carl Sabatello, President of the Cypress Hollow Homeowners Association, could have approved moving the fence unless he had never seen a modified buffer zone diagram of the buffer and questioned how Diane Carlino could have signed off on the plan when she later became a party to the lawsuit unless she also had never seen a modified buffer zone diagram. Mrs. Rossow further questioned the reference by staff to allow a fence adjacent to the existing CITY COUNCIL REGULAR MEETING, 2/1/96 PAGE 10 fence. Ms. Rossow reported that the tape from the City Council meeting of 7/7/99 provided evidence that Cypress Hollow residents had been present, that a diagram was included in the documents from this meeting which showed the fence 12 -15 feet from the property line, that she was unable to find any evidence that a revised buffer zone C diagram had been provided to the City Council, that on the tape Cypress Hollow resident Doug Brookbank requested a sketch, a diagram, or a map of what the buffer would look like and also specifically requested something to take back to the Homeowners Association. Mr. Brookbank had clearly stated he wanted to know what was being discussed. Former Vice Mayor Monroe had requested that the Cypress Hollow residents be kept informed because she did not want another Lake Catherine situation on her hands. Former Mayor Clark had questioned whether it was necessary to delay passing the amendment that evening based on Mr. Brookbank's request. Ms. Rossow stated she had also reviewed the City's Justification document utilized when requesting a change to a PCD, which had indicated there would be no impact to the surrounding area. Ms. Rossow summarized by presenting a list of questions for which CITY COUNCIL REGULAR MEETING, 2/1/96 PAGE 11 answers were requested, and requested the matter be revisited. Mayor Russo responded that Ms. Rossow would receive a letter with answers to all of her questions after approval by the City Attorney. JEFFREY PRESSER Mr. Presser provided copies of a complaint he had filed in reference to this matter, and a letter he had previously sent to the City Council members. Mr. Presser pointed out that the modified buffer zone as approved was internally inconsistent in that it provided for landscaping on both sides of the fence which was not possible if the fence were placed on the property line. Mr. Presser reported comments made by the City Forester which had indicated that the fence would be 12 -15 feet from the property line. Mr. Presser indicated the Cypress Hollow residents had no interest in suing the City but had deemed it necessary to stop BallenIsles from erecting the fence, and explained that he felt the City had failed in its obligation to follow certain rules and procedures in place to protect residents. Mr. Presser stated he believed it was incumbent upon the City to revisit the issue to solve this problem. In response to Mayor Russo's question, Mr. Presser verified that the objective was to get BallenIsles to move the fence CITY COUNCIL REGULAR MEETING, 2/1/96 PAGE 12 JOE POLICY somewhere near the middle of the buffer and to provide landscaping on both sides of the fence. Mr. Policy, resident of Cypress Hollow, requested the City Council revisit the matter to ascertain how the buffer was changed. Mayor Russo announced that Item 4, Resolution 21, 1996, Consideration of Approval for Palm Beach Gardens Kicks Soccer Club Facility Use Agreement would be pulled from the Consent Agenda. Mayor Russo commented that Volunteer Fire Department Captain Mark Wall would be retiring and that the City was proclaiming February 24 as "Captain Mark Wall Day "" in appreciation of his service to the City. Vice Mayor Furtado made a motion to approve the Consent Agenda with deletion of item 4. Councilwoman Monroe seconded the motion, which carried by unanimous 4 -0 vote. The following items were approved on the Consent Agenda: 1. Approval of Minutes of 1/18/96 City Council Regular Meeting. 2. Proclaiming the month of March as " "Red Cross Month " ". 3. Proclaiming February 24, 1996 as "Captain Mark Wall Day ". 5. Resolution 22, 1996 - Consideration of CITY COUNCIL REGULAR MEETING, 2/1/96 PAGE 13 Approval of Boundary Plat for Northlake Square ( Pep Boys) . Mayor Russo announced that residents were present who wished to address Item 4 which had been pulled from the Consent Agenda: Resolution 21, 1996 - Consideration of Approval for Palm Beach Gardens Kicks Soccer Club Facility Use Agreement. ABRAHAM GOLSHANI Mr. Golshani requested that this matter be discussed at a workshop meeting since other City residents wished to use this facility. City Manager Herakovich reported that several groups were interested in using City facilities and that staff had recommended the agreement in order to establish a degree of accountability for an organization which has been using the field. The City Manager verified that the City had a requirement which provided that all residents must have first priority. After discussion, which included a request for information regarding the number of residents which used the field, it was the direction of the City Council to return this item to Recreation staff. PAUL SULLIVAN Mr. Sullivan, resident of Square Lake, reported that the Kicks organization had been closely involved with CITY COUNCIL REGULAR MEETING, 2/1/96 PAGE 14 the City's Recreation Department, and provided information regarding the organization and the number of residents and non- residents who participated in the program. ORDINANCE 29, 1995 Mayor Russo declared the Public Hearing open for consideration of Second Reading and Adoption of Ordinance 29, 1995 - Amending Section 159.029 of the Palm Beach Gardens Code Land Development Regulations (Effective Period of Development Orders) duly advertised 12/25/95, and postponed from the 1/4/96 Regular Meeting. Councilwoman Monroe made a motion to postpone the Public Hearing on Ordinance 29, 1995 to March 7, 1996. Vice Mayor Furtado seconded the motion, which carried by unanimous vote of 4 -0. ORDINANCE 1, 1996 Mayor Russo declared the Public Hearing open for consideration of Second Reading and Adoption of Ordinance 1, 1996 - Amending Section 32.54 and 32.55 of Chapter 32 entitled "Departments, Boards and Commissions" of the Palm Beach Gardens Code of Ordinances; providing for codification; and providing for an effective date. City Manager Herakovich reviewed the changes which had been made in the Ordinance. After extensive discussion by the City CITY COUNCIL REGULAR MEETING, 2/1/96 PAGE 15 Council and the City Attorney, Councilwoman Monroe made a motion to postpone the Public Hearing for Ordinance 1, 1996 until February 15, 1996. Vice Mayor Furtado seconded the motion, which carried by unanimous vote of 4 -0. RESOLUTIONS: RESOLUTION 11, 1996 Planning and Zoning Director Richard Walton reviewed the staff report dated January 24, 1996 for Resolution 11, 1996 - Consideration of Approval of Amendment to Wackenhut, West Park Center Lot 1, and noted that the Petitioner had submitted revised development plans and a mitigation plan as requested by the City Council. Mr. Jeff Lis, agent for the Petitioner, reviewed the proposed landscape mitigation plan. Mayor Russo questioned what had happened with the proposed cross parking arrangement with the Marriott, to which Mr. Lis responded that Wackenhut would not allow anyone to breach their security and that the Marriott had been uncooperative, therefore the cross parking agreement would not be possible. After discussion during which Mr. Lis explained the events which had happened between the Petitioner and the Marriott, Mayor Russo requested that the City Manager consult with the City Attorney to determine what could legally be done. CITY COUNCIL REGULAR MEETING, 2/1/96 PAGE 16 Vice Mayor Furtado made a motion to approve Resolution 11, 1996. Councilman Jablin seconded the motion, which carried by unanimous vote of 4 -0. Councilwoman Monroe requested and received information regarding the size of landscaping cutouts and the size of trees at installation. Councilwoman Monroe made a motion to amend the previous motion to require that the Landscape Plan dated January 26, 1996 by Urban Design Studio be amended to reflect a minimum of ten feet gray wood on the Royal Palm trees that are being installed. Mr. Lis objected because of the price for trees of the size which Councilwoman Monroe proposed. Councilwoman Monroe proposed a change to six feet of gray wood. Further discussion ensued. Councilwoman Monroe made a motion to amend the previous motion to require that the Landscape Plan dated January 26, 1996 by Urban Design studio be amended to reflect a minimum of six feet gray wood on the Royal Palm trees that are being installed. Mr. Lis stated his agreement if the City Forester agreed those trees would work in the agreed -upon size cutout. Director Walton indicated that the City Forester was not comfortable with larger trees in the cutouts. After further discussion, there being no second to Councilwoman Monroe's motion, Vice CITY COUNCIL REGULAR MEETING, 2/1/96 PAGE 17 Mayor Furtado moved approval of her original motion , which had been moved and seconded. The vote on the motion was 3 -1, with Councilwoman Monroe voting against the motion for reasons previously stated. RESOLUTION 19, 1996 Councilwoman Monroe made a motion to approve Resolution 19, 1996 - Consideration of approval of appointments to the RC /Boat Task Force Committee, with insertion of the names of Dora Dick and Dee Hertzig in the blanks in Section 1. Vice Mayor Furtado seconded the motion, which carried unanimously by vote of 4 -0. RESOLUTION 20, 1996 Mayor Russo announced that Resolution 20, 1996 would be postponed until a meeting when Councilman Clark would be present. ITEMS FOR COUNCIL ACTION GREENS MOWER PURCHASE City Manager Herakovich explained that staff's recommendation was to purchase a Toro Greensmaster 3000 Greensmower in the amount of $12,847.15 from Hector Turf for use at the City's golf course. Councilwoman Monroe made a motion to approve staff's recommendation. Councilman Jablin seconded the motion, which carried by unanimous vote of 4 -0. DISPOSITION OF SURPLUS EQUIPMENT City Manager Herakovich explained that the City Council was required to authorize disposal of any CITY COUNCIL REGULAR MEETING, 2/1/96 PAGE 18 surplus equipment, and that staff recommended that Fire Department vehicle Attack Class Unit 64 be disposed of by trading it for a replacement vehicle which could be used by the Fire Department. After a short discussion, Councilwoman Monroe made a motion to approve staff's recommendation. Councilman Jablin seconded the motion, which carried by unanimous vote of 4 -0. TTFMS FnR DISCTTSSTnw: AUTO LEASING & STORAGE AS ANCILLARY USE FOR HOTEL Planning and Zoning Director Walton reviewed the proposed text amendment to allow auto leasing and storage as an ancillary use for a hotel, and the recommendations by Planning and Zoning staff. Valarie Chancey, agent for the applicant, Value Rental Car, stated that the applicant had no objections to recommendations of the Planning and Zoning Commission. The City Council members expressed no concerns and directed staff to draft an Ordinance. OUTSIDE RESTAURANT SEATING City Manager Herakovich explained that some restaurants were using outside seating as a waiting area, which was not addressed by the City Code. The City Manager explained this was presented for discussion since residents had expressed preference CITY COUNCIL REGULAR MEETING, 2/1/95 PAGE 19 for outdoor restaurant seating at the visioning sessions. It was the consensus of the City Council that serving food outside should be stopped, and that criteria should be designed to address this matter. DAMERAU OFFICE PARK PUD Planning and Zoning Director Walton explained that meetings with the petitioner had resulted in agreement to designate three buildings as medical and the other five as office buildings in order to initially meet Code requirements in regard to parking. Mr. Walton commented that staff recommended that the individual buildings on each lot come back for architectural review. The petitioner proposed establishment of design and architectural criteria. Mark Damerau, Petitioner, explained his concept of an office park in a residential setting, and commented that all oak trees and mangroves would be preserved and the mangroves enhanced. Mr. Damerau stressed that this project would be a high quality development, with the buildings modeled after homes in Lost Tree Village. Bob Benz, Agent for the Petitioner, explained how landscaping for the project greatly exceeded Code requirements. Mr. Benz commented that the Petitioner had wished to follow the ITE (International Traffic CITY COUNCIL REGULAR MEETING, 2/1/96 CITY MANAGER REPORT PAGE 20 Engineer's Association) requirements of 4.1 spaces per thousand square feet as used for medical buildings throughout the whole project, which he explained would exceed the parking requirements for the five office buildings. Mr. Benz reviewed the four waivers requested: (1) Signage waivers to allow internal directional signs (2) Waiver to landscaping around each individual building, since property lines were in the middle of parking lots (3) Waiver to perimeter buffer for the site, and (4) waiver to the required size for a loading dock since large trucks would not be making deliveries there. Councilwoman Monroe requested response to come back from staff regarding waiver (3) and requested a response from someone in the management of medical buildings as to the type of vehicles which entered their parking lots and their parking problems. City Manager Herakovich expressed congratulations from staff to the re- elected City Council members. The City Manager reported that an RFP had been received to offer fire protection and rescue service for the Town of Jupiter, and explained that the City was cooperating with Jupiter by providing information when requested, however, would not respond to the RFP per CITY COUNCIL REGULAR MEETING, 2/1/96 PAGE 21 instructions from the City Council. Mayor Russo stated for the record that if Jupiter decided to do their own fire protection, he hoped that Palm Beach Gardens would not be Jupiter's backup as they were for other communities, such as Palm Beach Shores; and that he did not want the City to be the backup of all of NAMAC. The City Manager announced that the City had not been mentioned in a recent newspaper article regarding Building Department efficiency impacts on insurance rates for residents, however, the City had participated in that process and had received a good rating. City Manager Herakovich reported she had attended a Municipal League Legislative Issues Forum and had available a summary of issues before the Municipal League. The City Manager requested clarification from the City Council regarding the interview process for new Advisory Board members. It was suggested that the Chair and the City Council liaison conduct interviews for the Code Enforcement Board. City Manager Herakovich stated that an HR representative could also be included to provide appropriate questions. CITY ATTORNEY City Attorney Baird provided an update on ongoing cases, one of which the motion had been granted to CITY COUNCIL REGULAR MEETING, 2/1/96 PAGE 22 dismiss the City Manager in both official and individual capacity; and that the plaintiffs would be responsible for the City Attorney's fees. SANCTUARY UPDATE City Manager Herakovich reported that a plan had been presented which complied with the City's requests except for minor discrepancies in numbers for preserve areas for which the applicant would be required to provide certification. Planning and Zoning Director Walton explained that the two remaining areas of concern were the need for the applicant to work out issues with Frenchman's which might affect them; and to provide more information on the numbers of preserve areas. Marty Perry stated he had attended this meeting with all of the applicant's consultants since he was concerned with a letter received from the City Forester, with Mr. Walton's comments, and with the fact that a Code Enforcement meeting had been scheduled for the next Monday for violations over items which had been corrected or were in the process of being corrected. Mr. Perry explained that all of the City's requests had been complied with; however, the planner had made a minor error in not deducting .41 acres from the developable land tabulation on the site plan because the actual platting of the buffer CITY COUNCIL REGULAR MEETING, 2/1/96 PAGE 23 preserve ended up being larger than contemplated by the site plan. Mr. Perry stated that since he had become involved in this matter that there had been a tremendous effort by Pulte Homes to correct problems, which he believed were being met by a negative attitude from the City. City Manager Herakovich responded that four or five staff people had spent many hours also trying to resolve the issue. Mayor Russo stated negatives should be put aside and each side should work together. City Attorney Baird explained that Code Enforcement staff had cited Pulte Homes Corporation in November, 1995 and scheduled a Code Enforcement meeting in December. Mr. Lioce and a colleague had appeared at that meeting and requested the matter be continued because they did not believe they had received proper notice. Attorney Baird explained that Mr. Lioce had known about the February Code Enforcement Board meeting, and that the purpose of the hearing was to determine whether the violation had been corrected. Mr. Perry countered that at the November Code Enforcement Board meeting the matter had been continued to December; however, the City had canceled that hearing, and the upcoming hearing was in regard to an entirely new notice of violation which CITY COUNCIL REGULAR MEETING, 2/1/96 PAGE 24 stated Pulte Homes was in violation as of January 22, which was not accurate. Mayor Russo asked staff to try to solve this issue. ADJOURNMENT There being no further business to discuss, motion was made by Councilwoman Monroe, seconded by Councilman Jablin, and unanimously approved to adjourn the meeting at 11:28 P.M. CITY COUNCIL REGULAR MEETING, 2/1/96 APPROVAT. % M;cyo JOE RUSSO VICE MAYOR LAUREN FURTADO >� UNCILWOMAN LINDA MONROE N R LIN COUNCILMAN DAVID CLARK ATTEST:, b�lNbA K IER, CMC, CITY CLERK PAGE 25 METROPOLITAN PLANNING ORGANIZATION OF PALM BEACH COUNTY i 160 Auscr,t li apt! Aven fro, $alto 201, West Palm Beach, Flonda 33406 TAI (4 116.34 -4170 MEMORANDUM TO- Commissioner Karen Marcus FROM: Rar4dy M. Whitfield, P.E. �,(, , Director ���'""" DATE: Jazi pary 29, 1996 i RE: 2015 Capacity Exceedance Links The following roadway links are projected to exceed the County's Level of Service "D" in 2015 in the northern portion of the urban area: Roadway LiMit$ A ernate A -1 -A (SR -811) 377167 - PGA Boulevard Alternate A -1 -A (SCR -811) RCA Boulevard - Burns Road Alternate A -1 -A (SR -811) Lighthouse Drive - Congress Avenue Center Street (Jupiter) Loxahatchee River Road - Alternate A -1 -A Indiantown Road ' Alternate A -1 -A - US 1 Lndian Creek Parkway Central Boulevard - Central Boulevard (Abacoa) Central Boulevard Donald Ross Road - PGA Boulevard Hood Road Turnpike - Alternate A -I -A Beeline Highway Pratt-Whitney Road - PGA Boulevard Beeline Highway Turnpike - Blue Heron Boulevard Military Trail Hood Road - Northlake Boulevard Prosperity Farms Road Hood Road - Northlake Boulevard US I A -I -A (Juno) - PGA Boulevard PGA Boulevard Turnpike - Central Boulevard PGA Boulevard Military Trail - Alternate A -1 -A PGA Boulevard Prosperity Farms Road - Lost Tree Village Northlake Boulevard Military Trail - Prosperity Farms Road These will be shown on the map in color. If you have any questions, please contact me. RMW/bch I I 60i£0'd 066£ SSE Z, t, 00 d0 U -8k3oH £®:17T 966T -7£ -Nut 60/60'd 0E62 GGE wt, I aTT;\�, Fz Z't DD 30 adbCE go:VT 966T-IZ-Nbr �••I JUHO FAMILY PRACTICE 7fiAl Family a ►c►ne Urgent Care Sports Medicine 10 December 1995 Ms Bobbie Herakovich City Manager Palm Beach Gardens, Florida CC: Mayor Joe Russo Vice Mayor Linda Monroe Former Mayor David Clark Councilwoman Lauren Furtado Councilman Eric Jablin Thomas Baird, City Attorney Greg Dunham, Assistant City Manager Carl Sabatello, Chairman Planning and Zoning Commission Jeffrey Ornstein, former chairman, Planning and Zoning Commission Planning and Zoning Commission Board Members Diane Carlin William Mignona Phillip Lyddon Thomas Pastore Mr. Jack Dillon, President, Cypress Hollow Homeowner's Association Mr. Bill King, Legal Counsel, Cypress Hollow Homeowner's Association All Cypress Hollow Homeowners Dear Ms, Herakovich, The following is a chronology of my experience in relation to the buffer zone to be placed by Ballenlsles along the border with Cypress Hollow. The original PCD proposal passed in 1989 called for a perimeter buffer (Perimeter Buffer System "C ", see attached) to be placed along the border between Ballenlsles and Cypress Hollow This buffer was to be 25 feet wide, and included a 6 foot chain link fence 12 -15 feet off the property line. It was with this plan in mind that many of the homes in Cypress Hollow were built. In early 1994, Ballenlsles requested an amendment to their original PCD The requested changes were several, including reconfiguration of some interior parcels and preservation of some Australian Pine trees in various areas. It was at this point that I became involved, chiefly in an attempt to preserve the Australian Pines along the border with Cypress Hollow I made several trips to the Palm Beach 13205 U S. Highway One, Suite 105 Juno Beach, FL 33408 (407) 691 -0100 FAX (407) 691 -0101 Page 2 Gardens Municipal Complex requesting all documents and discussing plans with all involved staff members On March 3rd, 1994 I requested a copy of the planned perimeter buffer zone from BallenIsles, and was faxed 2 drawings showing the original plans (attached) I discussed these plans at length with both BallenIsles (Nader Salour) and with city staff members, specifically City Forester Mark Hendrickson On March 7th, 1994, City records show BallenIsles subrmtted the requested PCD changes, which included an unannounced change to the buffer plan drawings. The new plan drawings were altered in the following fashion (see attached): Drawing Number 1, relief view The fence, previously drawn in at 12 -15 feet off the property line was erased, and the following statement was added below the picture: "A 6' chain link fence shall be constructed on property line except where an existing abutting wall or fence is already in place." Drawing Number 2, overhead view. The fence was erased, yet the following 2 statements were left on the altered plan "Existing & planted shrubs shall form a continuous screen along both sides offence." "New shrub masses shall be planted in overlapping drifts to completely screen fence " These altered plans were not revealed to me or any of the Planning and Zoning Commission members When I requested these plans in April of 1994, I was shown and given copies of the old perimeter buffer plans Also in April of 1994, 1 invited City Forester Mark Hendrickson to my home. We surveyed the Australian Pines along the border, and measured and marked the property line behind my home I then handed him the end of my tape measure and walked 12 feet into the woods on the BallenIsles side of the line to see exactly where this fence would be placed. I asked Mr Hendrickson if our measurement was correct... "So this is where the fence will be ?" He responded affirmatively On May 18th, 1994,1 wrote a letter to all Cypress Hollow Homeowners describing the situation with the Australian Pines and with the planned buffer zone and fence I included a copy of the plan as I knew it (the original 2 drawings) as well as a copy of the layout of Cypress Hollow, and I invited anyone interested to join me at the city Planning and Zoning Committee meeting scheduled the next week On May 23rd, I obtained a copy of a memorandum from the Planning and Zoning Staff to the Planning and Zoning Commission (dated May 19th) which included as discussion the following statement "The revisions proposed to the PCD include. Amendment to the buffer details to allow for location options for the fence required in Buffers A and C, including a provision to allow that the fence be waived should there be an existing fence or wall on adjacent property. " 13205 U S Highway One, Suite 105 Juno Beach, FL 33408 (407) 691 -0100 FAX (407) 691 -0101 Page 3 When I asked Mr. Hendrickson what was meant by this wording, he explained to me that BallenIsles wanted the option to dogleg their fence to any fences along the property line to avoid the situation of two fences 12 feet apart with a "no man's land" between There is only one fence in Cypress Hollow on this property line. I had no objection, On May 24th, 1994, at the Planning and Zoning Commission meeting, I made a slide presentation on the topic during the public discussion of Petition PCD -94 -02 Present at the meeting were- Jeffrey Ornstein, Chairman Carl Sabatello, Chairman-Elect (and developer of Cypress Hollow) Board Members: Diane Carlino (Cypress Hollow Resident) William Mignona (Cypress Hollow Resident) Phillip Lyddon Thomas Pastore, alternate Thomas Baird, City Attorney Mayor David Clark, City Council Liaison Greg Dunham, Assistant City Manager I handed out copies of my letter to the Cypress Hollow homeowners to all commission members and city representatives including the proposed Perimeter Buffer plan as I knew it I showed slides of the two original drawings, and talked about them in detail specifically showing the fence that was to be 12- 15 feet off the property line, and was to "bend to preserve existing trees 4" cahper and above" as described in the overhead drawing I also showed several slides of the buffer zone erected between BallenIsles and The Hunt Club. As an example of what our buffer was going to look like, Mark Hendrickson had directed me to look at this buffer since the plan for the two was the same I showed these slides to display what we felt was unacceptable in terms of landscaping. the fence was in no way obscured, and the I foot tall hibiscus seedlings certainly didn't meet our expectation of " a continuous screen along both sides of the fence " The following is a excerpt transcribed from the tape made of the Planning and Zoning Commission meeting of May 24, 1995: Mr. Jeffrey Ornstein, chairman: "It would help if you would clarify what the speaker talks about along Cypress Hollow " Mr Hendrickson, City Forester. "Just let me talk about the buffer, seeing as that's what the residents are concerned about, and then remove everything beyond the 25 foot buffer, if you're talking about not doing anything to the Australian Pines at all " [paper shuffling] Ornstein "The 25 foot buffer is from the property line to the BallenIsles side for 25 feet, then it is clear to put the fence in and put the approved buffer landscaping in. My question is If there is a reason we, the city, demanded that the developer produce a buffer plan is to protect the adjacent property, and here we have an adjacent property that is completely built up, and, I may be wrong, and that is why I'm asking the 13205 U S. Highway One, Suite 105 Juno Beach, FL 33408 (407) 691 -0100 FAX (407) 691 -0101 Page 4 question. But if the residents living there don't want the buffer, why do we as the city demand that they do that? But the buffer we're talking about also is the same type of buffer that we saw around the Hunt Club." Hendrickson: "Not exactly If Ornstein- "Close?" Hendrickson. "With two major differences The pictures that you saw were taken from Cypress Hollow in which the Cypress Hollow residents had taken down the ficus Hedge that was required." Jeff Presser, Cypress Hollow homeowner: "Not Cypress Hollow, The Hunt Club." Hendrickson "That was supposed to be a supplement to the 25 feet of landscaping In essence, the difference is that the fence was supposed to be within the middle. Because they already had a fence, and had a hedge, there was, um, I won't say less, but a modification to the Buffer'C' plan [paper shuflling],especially because the total perimeter by the landscaping when it's installed, because the residents are closer is a combination of the Hunt Club and the 25 feet on JDM. What you would normally have seen a 6 foot hedge was required plus the 25 foot landscaping strip, which was just put in last year as I have assured you If you eliminate the 6 foot hedge, the ficus hedge, you add it to the 25 feet along Cypress hollow with a fence down the middle of it, with a berm, you have, um, the variation that I'm talking about. So, uh, the only difference that I'm hearing, though, is that at least if you want to leave the Australian Pines and put the berm, that is pretty simply done. I mean it's almost like it was existing native vegetation, you'd leave it. It's only the removal of the Australian Pines and the Brazilian Pepper, well actually you'd be tearing up the grass they've been mowing now, and all the on -site improvements that Cypress Hollow has made " Ornstein It looks like if they remove all the Pepper and the Melaleuca there's going to be some massive holes in that stuff." Hendrickson: "But then they come back and put the buffer down" [unintelligible question about Buffer "C "] Hendrickson- "I can't answer your question as far as why, urn, Buffer 'C' is along Cypress Hollow because I wasn't there during the original approval, but I feel that it follows closely what was designed around the entire JDM concept was to have a buffer adjacent to already developed -- and I assume, but I could be wrong, that the residents in Cypress Hollow during the approval of JDM had some input at that time, and may be reversing their thoughts because they may have thought that the Australian Pines were supposed to remain originally and we're making an emphasis of eradicating them now." 13205 U S. Highway One, Suite 105 Juno Beach, FL 33408 (407) 691 -0100 FAX (407) 691 -0101 Page 5 Ornstein. "Thank you, you answered my question " All buffer concerns addressed, Ms Diane Carlino made a motion to recommend approval of PCD -94- 02, including, among other conditions, the recommendation that "all exotic vegetation shall be removed with the exception of the Australian Pines located east of the future entrance to BallenIsles and north to the boundary of the Hunt Club " Moving the fence to the property line was never discussed or revealed in any fashion to the public or the members of the Planning and Zoning Commission. Between this meeting and the next City Council meeting, Mark Hendrickson took it upon himself to ignore the recommendations of the planning and zoning commission and without explanation presented to the City Council a different plan recommending "that the pines only be allowed to remain within the 25 -foot buffer..." instead of all the way to BallenIsles Drive (see attached Memo to City Council from Planning and Zoning Staff, June 9, 1994 This same memo was sent again, re- dated, on June 30th). Because of this unexplained apparent reversal of recommendations approved by the Planning and Zoning Commission I made certain to attend all public meetings, including City Council meetings, and spoke publicly when permitted. We were able to convince the City Council to reverse Mr Hendrickson's staff -level reversal of the Planning and Zoning Commission's recommendations, preserving the Australian pines from 100 feet east of BallenIsles Drive to the border with Cypress Hollow(see letters I wrote on June 15th and July 5th, and 1 st and 2nd readings of Ordinance 15, 1994, attached) At no time during any of these discussions at City Council Meetings or in my discussions with various staff members was it ever mentioned that the fence was to be placed on the property line This past Friday, December 1, 1995, I received a certified letter from BallenIsles Construction Supervisor George Galle stating that they were about to erect a fence "on the property line " This was the first I or anyone else in Cypress Hollow heard about a fence being erected on our property line When I learned of the change, I confronted Mr. Hendrickson, who became quite angry and stated "you knew about this all along, now you're just upset because it's finally happening " I object to the plan to place a fence on our property line strenuously, citing the following considerations: 1 I feel we have been purposely deceived about the nature of this plan by both BallenIsles and The City of Palm Beach Gardens, specifically City Forester Mark Hendrickson 2. The new, altered Perimeter Buffer Plan "C" contains a major change, the moving of a fence from 12- 15 feet off our property line to on our property line. Such a change should be advertised and should be specifically mentioned in the wording of any proposed ordinances. As read and passed, Ordinance 15, 1994 does not include this information, only a vague reference to "location options for fence" as described above. 13205 U S. Highway One, Suite 105 Juno Beach, FL 33408 (407) 691 -0100 FAX (407) 691 -0101 Page 6 3. The new, altered Perimeter Buffer Plan "C" as passed in secrecy violates our state "Government in the Sunshine" Law, 4. The new, altered Perimeter Buffer Plan "C" is now internally inconsistent, stating that a fence should be erected on the property line, yet also stating quite clearly that landscaping "shall form a continuous screen along both sides of the fence ... to completely screen fence " Does the city expect BallenIsles to dig up our property and plant on it? 4. The homes in Cypress Hollow were planned, approved and built with respect to Ordinance 8, 1989 This ordinance called for a fence 12 -15 feet off the property line. The change now means that several homes along the border with Ballenlsles will now have structural elements (walls, pool screen enclosures, etc.) within 7 feet of a black vinyl chain link fence, with no guarantee of any landscaping on our side of the fence, since to landscape would mean these people wouldn't be able to walk around their own homes. This clearly will impact property and resale value 5 The Cypress Hollow Homeowners' Association has never been informed by the City or BallenIsles of any plan to place a fence on our property line. When planning a fence on a property line, it is appropriate to get the other property owner's permission. If BallenIsles now plans to place a fence off the property line, how far off? An inch? A foot? More? If they place it off the property line, or if they don't landscape both sides, will they be in violation of the PCD? Because of these and other concerns, I would like to ask the City of Palm Beach Gardens to intercede in this matter to stop BallenIsles from erecting a fence on the property line until such time as appropriate, reasonable plans can be formulated, agreed upon and approved This matter is of the utmost urgency as BallenIsles has already staked the property line and intends to begin fencing the property this week Thank you for your time and consideration Please call me at the office as soon as you finish reading this letter, or you may call Mr, Jack Dillon, President of the homeowner's association at 626 -4160 Sincerely, Jeffi-ey L Presser, M.D 5589 Cypress Tree Court Palm Beach Gardens, FL 33418 (407) 775 -7068 (Home) 13205 U S. Highway One, Suite 105 Juno Beach, FL 33408 (407) 691 -0100 FAX (407) 691 -0101