HomeMy WebLinkAboutMinutes Council 032196CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
MARCH 21, 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 Deputy City Clerk called the roll and present were
Mayor Russo, Vice Mayor Furtado, Councilwoman Monroe,
Councilman Jablin, and Councilman Clark.
ANNOUNCEMENTS
Mayor Russo stated that the announcements were as
posted on the City's bulletin boards.
RESOLUTIONS:
RESOLUTION 52, 1996
Councilwoman Monroe made a motion to adopt Resolution
52, 1996 - Declaring the Results of the City's General
Election that was to be held on March 12, 1996, to
fill the Group 1, Group 3, and Group 5 Seats. Vice
Mayor Furtado seconded the motion, which carried by
unanimous vote of 5 -0.
OATHS OF OFFICE
The Honorable Richard L. Oftedal, Chief Judge of the
15th Judicial Circuit Court, administered oaths of
CITY COUNCIL REGULAR MEETING, 3/21/96
PAGE 2
office to David Clark, Eric Jablin, and Lauren
Furtado, to fill seats 1, 3, and 5, respectively,
which terms of office shall expire in March, 1999.
REORGANIZATION Councilwoman Monroe made a motion to appoint Joseph R.
Russo as Temporary Chairman in order to elect a Mayor
and a Vice Mayor. Councilman Clark seconded the
motion, which carried by unanimous vote of 5 -0.
Councilman Jablin nominated Joe Russo for the position
of Mayor. Vice Mayor Furtado seconded the motion,
which carried by unanimous vote of 5 -0. Councilman
Clark nominated Lauren Furtado for the position of
Vice Mayor. Councilman Jablin seconded the motion,
which carried by unanimous vote of 5 -0. Councilman
Clark nominated Eric Jablin as Chairman Pro -Tem to
serve in the absence of both the Mayor and Vice Mayor.
Councilwoman Monroe seconded the motion, which carried
5 -0. Councilwoman Monroe made a motion to approve
Resolution 53, 1996, for adoption with the names
inserted in the blanks of Joseph R. Russo for Mayor
and Lauren Furtado as Vice Mayor. Councilman Clark
seconded the motion, which carried by unanimous vote
of 5 -0.
PRESENTATIONS:
TIMOTHY ANDERSON A Plaque of Appreciation was presented to Timothy
Clair Andersen for his service as a member of the
CITY COUNCIL REGULAR MEETING, 3/21/96
PAGE 3
Zoning Board of Appeals from October 1991 to February,
1996.
PALM BEACH COUNTY HORSE
INDUSTRY COUNCIL Councilwoman Monroe explained that land located within
the City west of PGA National, commonly referred to as
west of the Slough, was zoned for very low density
housing of 1 unit per 10 acres and 1 unit per 20
acres, for which it was difficult to find developers;
and that the Palm Beach County Horse Industry Council
was looking for land for a show arena complex which
might be an appropriate use. Dan Coffman, President
of the Palm Beach County Horse Industry Council,
explained that the Council was established to promote
the equestrian industry throughout Palm Beach County.
Mr. Coffman explained that municipalities could apply
for seed money for projects such as a show arena
complex from the Palm Beach County Economic
Development Council. Mr. Coffman explained that the
horse industry required very low density, few
services, and would benefit any area which needed low
impact development, since the return on expenditures
was usually phenomenal. After a short video
presentation, Mr. Coffman explained that the Horse
Industry Council was looking for approximately 100
acres for the initial site with expansion capabilities
CITY COUNCIL REGULAR MEETING, 3/21/96
PAGE 4
of 50 acres, that events would be held year round, and
would not compete with the existing events at
Wellington. Mr. Coffman explained that if an
indication were given by the City that they were
amenable to this concept, the Horse Industry Council
would work to find developers and funding. The
consensus of the City Council was to consider the
proposal by directing staff to work with Mr. Coffman
and to conduct further research to see how this
project could benefit the City.
ITEMS BY MAYOR AND
CITY COUNCIL
VICE MAYOR FURTADO The City Attorney responded to Vice Mayor Furtado's
comments regarding action needed on petitions that he
would provide a memo outlining the steps that must be
taken. The Vice Mayor reported that the MPO had
supported action to remedy the vegetation removal
along I -95, and that agreement had been reached to
erect a temporary wall on both east and west sides of
the roadway from Northlake Boulevard to Burns Road
until a permanent wall could be built; and that the
rat problem would be addressed. Vice Mayor Furtado
reported that the traffic plan for 2015 had been
reviewed at the MPO meeting and because of the growth
in the north county area, agreement had been made that
CITY COUNCIL REGULAR MEETING, 3/21/96
PAGE 5
interchanges would be reviewed for possible
construction ahead of the original phasing plan. The
Vice Mayor reported that the airport had been approved
as a foreign trade zone, and that the City could apply
for sub zones since they were within 60 miles of the
airport. Vice Mayor Furtado requested that a task
force be established for improvements to the older
part of the City, and offered to be the task force
liaison.
COUNCILMAN JABLIN Councilman Jablin recommended that the speed limit be
raised from 25 mph to 35 mph on Avenue of the Masters,
except on the curves. The City Manager explained that
staff had conducted appropriate studies and also
recommended the change. Direction was given to staff
to prepare a resolution to be on the Consent Agenda at
the next City Council meeting.
MAYOR RUSSO Mayor Russo reported he had attended a D.A.R.E.
graduation, and expected Jay Spencer to present an
update on D.A.R.E. at a future City Council meeting.
Mayor Russo verified that the consensus of the City
Council was to support school concurrency with a total
funding plan. Mayor Russo reported a problem with the
designation of Military Trail for traffic purposes
which would prevent new development, and the urgency
CITY COUNCIL REGULAR MEETING, 3/21/96
PAGE 6
that a solution be in place in the next few weeks.
Suggestions were made that the Golf Digest project
provide the number of trips which would be generated
on Military Trail for the golf course portion of their
project separate from the housing, and that the
possible extension of Congress to Northlake Boulevard,
the PGA flyover and cloverleaf be considered in
looking at the number of trips for Military Trail.
Planning and Zoning Director Walton explained the
problem with timing for staff to conduct proper
research to change the designation to create a
temporary lower level of service. After discussion,
it was the consensus of the City Council to request
release of 2015 traffic data to the City's traffic
engineer, and to schedule a special meeting to deal
with this matter if necessary.
CONSENT AGENDA Councilman Clark made a motion to approve the Consent
Agenda with Item 11, Resolution 57, 1996, deleted.
Vice Mayor Furtado seconded the motion, which carried
by unanimous 5 -0 vote. The following items were
approved on the Consent Agenda:
1. Approval of Minutes of 3/7/96 City Council
Special Meeting with the Planning and Zoning
Commission.
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2. Approval of Minutes of 3/7/96 City Council
Regular Meeting.
3. Resolution 47, 1996 - Consideration of
Approval of amendments to the Mira Flores Site
Plan.
4. Resolution 49, 1996 - Consideration of
Approval of Entry feature and signage for
Ballenlsles Parcel 6B.
5. Resolution 50, 1996 - Consideration of
approval of Entry Feature and signage for
BallenIsles Parcel 25A.
6. Resolution 54, 1996 - Consideration of
Approval of naming an Architectural Firm for
the design of the proposed municipal complex
and authorizing the City Manager and staff to
negotiate a contract with same.
7. Resolution 56, 1996 - Consideration of
approval of Amendment to the Defined
Contribution Retirement Plan for the City
Manager.
8. Authorization to enter into an agreement with
Ranger Construction for 1995/1996 pavement
replacement projects.
9. Authorization to amend the Lighthouse Drive
CITY COUNCIL REGULAR MEETING, 3/21/96 PAGE 8
Repair Contract by $30,000.
10. Authorization to enter into a contract with
Motorola for radio equipment.
PUBLIC: HFARTN -.S;
RESOLUTION 28, 1996 Mayor Russo declared the Public Hearing open, which
was duly advertised 3/15/96 and held on the intent of
Ordinance 28, 1996 - Consideration of approval of a
Planned Unit Development for Professional Office
buildings at Damerau Office Park, Planning and Zoning
Director Walton reviewed changes made by the
petitioner since the last presentation. Petitioner
Mark Damareau identified issues that the City Council
had directed petitioner to address, which included
loading zone research, modification of the sizes of
parking spaces, identification of .items to be
installed during the first phase of the project and
color coding of the site plan, consultation with the
City Engineer's office regarding the proposed change
to condition number 7, submission of landscaping and
phasing plans for Dr. Damerau's building so that it
could be excluded from the requirement to return to
the City for approval of the architectural
requirements, and assurance that work was in process
on language regarding mangrove trimming. Issues
presented by the Petitioner were the sidewalk issue
CITY COUNCIL REGULAR MEETING, 3/21/96
PAGE 9
and the Petitioner's problem with paying now for a
sidewalk to be installed at a later date, and a
request for less restrictive requirements regarding
designation of buildings. Petitioner requested
parking space requirements to be less than code, with
which the Council did not agree. Petitioner was
directed to work with staff. There being no comments
from the public, Councilwoman Monroe made a motion to
recess the Public Hearing to April 4, 1996.
Councilman Clark seconded the motion, which carried by
unanimous vote of 5 -0.
RESOLUTION 32, 1996 Mayor Russo declared the Public Hearing open, which
was duly advertised 3/15/96 and held on the intent of
Resolution 32, 1996 - Consideration of approval of a
conditional use to allow a church in MIA Light
Industrial District for Covenant Community Church.
After brief comments by Mr. Walton, Norman Benz,
Pastor, commented that Petitioner agreed with the
conditional use. There being no comments from the
public, Mayor Russo declared the Public Hearing
closed. Councilman Clark made a motion to approve
Resolution 32, 1996. Councilman Jablin seconded the
motion, which carried by unanimous vote of 5 -0.
CITY COUNCIL REGULAR MEETING, 3/21/96
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RESOLUTION 33, 1996 Planning and zoning Director Walton explained that
staff recommended approval of Resolution 33, 1996 -
Consideration of Approval of a Site Plan for Covenant
Community Church, with four conditions, which he
reviewed. Petitioner requested permission to wait to
install final landscaping until within 30 days after
DOT had completed their drainage improvements along I-
95. Pastor Benz requested that an exception be
granted to allow church service to be held this Sunday
with the understanding that the certificate of
occupancy was not more than 48 to 72 hours away.
After favorable comments by the City Attorney and by
Building Official Jack Hanson, it was the consensus of
the City Council that they would be in favor of
granting the request if it could be accomplished
legally. Councilman Clark made a motion to approve
Resolution 33, 1996 with the following amendments: In
paragraph 4, the first sentence shall read, Prior to
the issuance of the Certificate of Occupancy, all of
the site landscaping shall be installed except the
southern buffer adjacent to the Thompson River and the
western buffer adjacent to I -95. At the end of
paragraph 4, the following sentence shall be added:
The western buffer landscaping shall be completed
CITY COUNCIL REGULAR MEETING, 3/21/96
within 30 days from a written notice to proceed by the
City. Vice Mayor Furtado seconded the motion, which
carried by unanimous vote of 5 -0.
RESOLUTION 39, 1996 Resolution 39, 1996 - Consideration of Approval of a
Site Plan for the construction of two 3 -story medical
office buildings located in the PGA National Office
Park within the PGA National PCD (Bascom Palmer Eye
Institute) Planning and Zoning Director Walton
reviewed changes made by the Petitioner since this
petition had last been presented. Henry Skokowski,
agent for the Petitioner, briefly commented on the
changes, with which he stated the Petitioner agreed.
Architect Don Dwore reviewed architectural issues,
including color choices. Ms. Presley, Administrator
of Baskin Palmer, explained that the green glass color
had been chosen to duplicate their Miami facility, and
presented photographs depicting that facility. Vice
Mayor Furtado and Councilwoman Monroe expressed their
preference for bronze glass. A waiver was requested
to the signage code to allow two building signs so
that building signage could be viewed from two
directions, which the City Council did not grant.
Traffic circulation patterns were discussed, with
Council members expressing concern for possible
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traffic congestion. The monument signs were reviewed.
Councilman Clark made a motion to approve Resolution
39, 1996 with the following amendment added as
Condition 8 at the end of Section 2: One wall sign in
conformance with the City's Sign Code will be
permitted. Councilman Jablin seconded the motion,
which carried by 3 -1 vote, with Councilwoman Monroe
voting against the motion. Vice Mayor Furtado was not
in the room at the time the vote was taken.
RESOLUTION 40, 1996 Resolution 40, 1996 - Consideration of Approval of an
amendment to the approved signage for Wackenhut
Center, Building .A.. Mr. Lis explained the requested
changes. City Forester Hendrickson commented regarding
a location for a sign so that no landscaping would
need to be moved. Councilwoman Monroe expressed
concern with signage changes requested after buildings
had been approved. After extensive discussion
regarding the colors of specific signs, the plan was
marked to reflect which signs were approved to be
polished brass and which signs were approved to be
blue. Councilman Clark made a motion to approve
Resolution 40, 1996 as per plan, which Councilman
Jablin identified as the plan held by Assistant City
Manager Dunham. Motion was seconded by Councilman
CITY COUNCIL REGULAR MEETING, 3/21/96
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Jablin. Petitioner was requested to bring in
additional exhibits from their file which represented
signage. Motion carried by unanimous vote of 5 -0.
REORDER OF AGENDA Councilwoman Monroe made a motion to reorder the
agenda to place Ordinance 3, 1996 and Ordinance 4,
1996 between Resolution 40, 1996 and Resolution 45,
1996. Councilman Clark seconded the motion, which
carried by unanimous vote of 5 -0.
ORDINANCE 3, 1996 Councilwoman Monroe made a motion to place Ordinance
3, 1996 - Amending Chapter 33 of the Palm Beach
Gardens Code entitled .Police Department.; revising
the normal retirement benefit' revising the membership
of the Fund; revising the duty disability provisions;
revising the buyback provisions; providing for
codification, on first reading by title only.
Councilman Clark seconded the motion, which carried by
unanimous vote of 5 -0. The Deputy City Clerk read
Ordinance 3, 1996 by title only on first reading.
ORDINANCE 4, 1996 Vice Mayor Furtado made a motion to place Ordinance 4,
1996 - Providing for a Pension Plan Re -Entry Period
for those employed by the City as Police Officers and
providing for an expiration date, on first reading by
title only. Councilman Jablin seconded the motion,
which carried by unanimous vote of 5 -0. The Deputy
CITY COUNCIL REGULAR MEETING, 3/21/96
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City Clerk read Ordinance 4, 1996 by title only on
first reading.
RESOLUTION 48, 1996 Planning and Zoning Director Walton commented that
staff recommended approval of Resolution 48, 1996 -
Consideration of Approval of a Site Plan for Lot 2,
South Park Center Plat, NorthCorp PCD, with the number
11,750 inserted into the blank in Condition 9.
Councilman Clark made a motion to approve Resolution
48, 1996 with the number 11,750 inserted in the blank
in Condition 9 in Section 3. Councilman Jablin
seconded the motion. The motion carried by unanimous
vote of 5 -0.
RESOLUTION 51, 1996 Planning and Zoning Director Walton provided
background for Resolution 51, 1996 - Consideration of
approval of entry feature and signage for Ballenlsles
Northlake Boulevard entrance. Nader Salour,
representative for the Petitioner, provided a drawing
of the moon gate entry. Comments made by Building
Official Hansen indicated that he believed the wall
was unnecessarily long at 40 feet, which resulted in
giving the appearance that the sign was out of scale.
City Manager Herakovich explained that wall signage
was not addressed in the Code. The setback was
discussed, with the consensus of the City Council to
CITY COUNCIL REGULAR MEETING, 3/21/96
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make the setback ten feet, and to place this
Resolution on the Consent Agenda at the next meeting.
RESOLUTION 55, 1996 Planning and Zoning Director Walton reported that
staff recommended approval of Resolution 55, 1996 -
Consideration of approval of an amendment to the Site
Plan for Parcel 28 Clubhouse located within the
BallenIsles Country Club PCD to construct a permanent
golf maintenance facility, with two conditions to
which the petitioner had agreed. Nader Salour briefly
reviewed the colors. Councilman Clark made a motion
to approve Resolution 55, 1996. Motion was seconded
by Vice Mayor Furtado and carried by unanimous vote of
5 -0.
RESOLUTION 45, 1996 It was the consensus of the City Council to postpone
consideration of Resolution 45, 1996 - Consideration
of Appointments /Reappointments to the Fire Fighters
Pension Board, since none of the Council members knew
the person who was under consideration and this
appointee was to represent the City Council.
CITY MANAGER REPORT The City Manager announced that a breakfast was to be
held on Saturday, that Campus Drive sidewalks were in,
that at the next regular meeting staff would present
results of negotiations and the final offer for the
church site, that Keating Drive bridge was closed due
CITY COUNCIL REGULAR MEETING, 3/21/96
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to vandalism, that the last 5 -inch rain had gotten
under the top coating of Holly Drive causing
deterioration - -the cost of which would be submitted to
FEMA, and that SFWMD had granted the City Engineer's
request to honor the permit for the Klock property
pending the City's promise that they would obtain all
other permits which had not previously been obtained.
The City Manager explained that this meant the City
would go out for bids on the Klock soccer facility the
next week.
CITY ATTORNEY The City Attorney reported that Judge Oftedal had
complimented the City staff, and the Fire Department
in particular, and was very impressed with the City's
services.
ADJOURNMENT There being no further business to discuss, motion was
made by Councilwoman Monroe, seconded by Vice Mayor
Furtado, and unanimously approved to adjourn the
meeting at 11:30 P.M.
OATH OF OFFICE
I DO SOLEMNLY SWEAR (OR AFFIRM) THAT I WILL SUPPORT AND PROTECT AND
DEFEND THE CONSTITUTION AND GOVERNMENT OF THE UNITED STATES AND OF
THE STATE OF FLORIDA AGAINST ALL ENEMIES, DOMESTIC OR FOREIGN, AND
THAT I WILL BEAR TRUE FAITH, LOYALTY AND ALLEGIANCE TO THE SAME; AND
THAT I AM ENTITLED TO HOLD OFFICE UNDER THE CONSTITUTION OF THE
UNITED STATES AND THE CONSTITUTION AND LAWS OF THE STATE OF FLORIDA,
AND THAT I WILL FAITHFULLY PERFORM ALL THE DUTIES OF THE OFFICE OF
COUNCIL MEMBER OF THE CITY OF PALM BEACH GARDENS, FLORIDA, UPON
WHICH I AM ABOUT TO ENTER, SO HELP ME GOD ".
JUDGE RICHARD L. OFTEDAL
ATTEST:
L`T&'IDA V. KOSIER, CITY CLERK
DATE
-VQ�-
OATH OF OFFICE
I DO SOLEMNLY SWEAR (OR AFFIRM) THAT I WILL SUPPORT AND PROTECT AND
DEFEND THE CONSTITUTION AND GOVERNMENT OF THE UNITED STATES AND OF
THE STATE OF FLORIDA AGAINST ALL ENEMIES, DOMESTIC OR FOREIGN, AND
THAT I WILL BEAR TRUE FAITH, LOYALTY AND ALLEGIANCE TO THE SAME; AND
THAT I AM ENTITLED TO HOLD OFFICE UNDER THE CONSTITUTION OF THE
UNITED STATES AND THE CONSTITUTION AND LAWS OF THE STATE OF FLORIDA,
AND THAT I WILL FAITHFULLY PERFORM ALL THE DUTIES OF THE OFFICE OF
COUNCIL MEMBER OF THE CITY OF PALM BEACH GARDENS, FLORIDA, UPON
WHICH I AM ABOUT TO ENTER, SO HELP ME GOD ".
JUDGE RICHARD L. OFTEDAL
ATTEST:
JA TOSIER, CITY CLERK
COUNCIL MEMBER
DATE
OATH OF OFFICE
I DO SOLEMNLY SWEAR (OR AFFIRM) THAT I WILL SUPPORT AND PROTECT AND
DEFEND THE CONSTITUTION AND GOVERNMENT OF THE UNITED STATES AND OF
THE STATE OF FLORIDA AGAINST ALL ENEMIES, DOMESTIC OR FOREIGN, AND
THAT I WILL BEAR TRUE FAITH, LOYALTY AND ALLEGIANCE TO THE SAME; AND
THAT I AM ENTITLED TO HOLD OFFICE UNDER THE CONSTITUTION OF THE
UNITED STATES AND THE CONSTITUTION AND LAWS OF THE STATE OF FLORIDA,
AND THAT I WILL FAITHFULLY PERFORM ALL THE DUTIES OF THE OFFICE OF
COUNCIL MEMBER OF THE CITY OF PALM BEACH GARDENS, FLORIDA, UPON
WHICH I AM ABOUT TO ENTER, SO HELP ME GOD ".
COUNCIL MEMBER
JUDGE RICHARD L. OFTEDAL DATE
ATTEST:
L4f;DX V. KOSIER, CITY CLERK
CITY COUNCIL REGULAR MEETING, 3/21/96
APPROVAL
MAYOR JOE RUSSO
VICE MAYOR LAUREN FURTADO
COUNCILWOMAN LINDA MONROE
COUNCILMAN ERIC JABLIN
COUNCILMAN DAVID CLARK
ATTEST:
CINDY HARVEY, DEPUTY CITY CLERK
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