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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. CITY COUNCIL REGULAR MEETING, 3121/96 PAGE 7 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 PAGE 10 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 CITY COUNCIL REGULAR MEETING, 3121196 ., wr— In 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 PAGE 13 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 PAGE 14 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 TT - 1 C 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 T _ 1c 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 PAGE 17