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HomeMy WebLinkAboutMinutes Council 010496CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS JANUARY 4, 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, Councilman Jablin, and Councilman Clark. ANNOUNCEMENTS Mayor Russo stated that the announcements were as posted on the City's bulletin boards. PRESENTATIONS ED OLIVER Mayor Russo recognized Tim Messler and Ed Oliver for dedicated and outstanding volunteer service to the youth of Palm Beach Gardens for their work in development of the future roller hockey rinks. GFOA Government Finance Officers Association representative Elizabeth Blazer presented a Certificate of Achievement to the City of Palm Beach Gardens for their financial reporting. JOANN KAISER Joanne Kaiser, Area Superintendent, Palm Beach County School Board, explained that the transportation issue regarding Holly Drive west of Military Trail would be CITY COUNCIL REGULAR MEETING# 1/4/96 PAGE 2 resolved with completion of current construction; that operation for the first year for the communication tower at Dwyer High school would be funded by Dwyer High School but would be shared by other north area schools in upcoming years; explained the purpose and new format for meetings of the North Area Consortium and stated that alternative programs would be the topic for the January meeting; reported that the School Board would meet January 13 to make a selection for School Board Superintendent; reported that work was in progress by the School Board to reduce the $33 million dollar deficit; stressed that good things were going on in the schools and invited Council members to personally visit the schools. Area Superintendent Kaiser explained that the School Board was in the process of readdressing the fact that no new north county schools had been scheduled for construction in the five -year plan. NORTH COUNTY PLANNING FORUM Councilwoman Monroe explained that the North County Planning Forum was a consolidated effort by local area governments and that each one was affected by the others. Councilwoman Monroe commented on the implementation forum recommendations and addressed staff concerns, including restricting development due to traffic concerns, and recommended that no action be CITY COUNCIL REGULAR MEETING, 1/4/96 taken until Palm Beach County's traffic count report had been received and information had also been received from the City's environmental consultant. City Council members expressed concern regarding guidelines referencing industrial and commercial development which stated that 80% of a parcel must be preserved, favored changing the transitional area, and favored increasing flexibility within the recommendations. Some City Council members also expressed concern that the proposed requirements for land preservation set asides and growth corridors were not in agreement with the City's goals and might discourage potential developments. MILTON STERN Mr. Stern, a participant in the Implementation Forum, commented that the proposed corridors were too narrow; urged the City Council to forget corridors; and suggested that if corridors were implemented that there should be only two and that the boundary between the two should be the easterly edge of the Loxahatchee Slough. Mr. Stern stated his agreement with staff recommendations. ITEMS BY MAYOR AND CITY COUNCIL VICE MAYOR FURTADO Vice Mayor Furtado commented on the good job staff had done with the landscaping around City Hall, and complimented staff on the budget book format. Vice CITY COUNCIL REGULAR MEETING, 1/4/96 PAGE 4 Mayor Furtado suggested volunteer hours and donations also be included in the budget. COUNCILMAN JABLIN Councilman Jablin reported that Alan Adams wished to send a letter on City stationery to the Economic Council recommending Mary Inglis for the William T. Dwyer award for excellence in education. After discussion, it was the consensus of the City Council that Mr. Adams should send the letter on his own and could mention that he had worked with Ms. Inglis on the Education Advisory Board. CONSENT AGENDA Vice Mayor Furtado made a motion to approve the Consent Agenda with the amendments which had already been made to the minutes of the 12/21/95 City Council Meeting. Councilman Clark seconded the motion. Councilwoman Monroe requested a change be made to the minutes on page 9 under The Sanctuary Update to state that plans would be presented at a subsequent City Council meeting for consideration, rather than at the next City Council meeting. Councilwoman Monroe requested clarification of the following sentence on page 7: Mayor Russo requested that the City Manager poll interested residents to determine whether they were for or against Resolution 156, 1995 - Consideration of Approval to Create and Appoint Members to the RV /Boat Task Force Committee. After CITY COUNCIL REGULAR MEETINGI 1/4/96 PAGE 5 discussion, a suggestion was made to change the beginning of that sentence to: Mayor Russo requested that the City Manager poll residents who had expressed an interest in Committee membership to determine whether they were for or against Resolution 156, 1995. City Attorney Baird cautioned that the minutes were intended to reflect what was actually said at a meeting and not what was believed should have been said, and suggested the tape be reviewed to determine what had actually been said. The City Attorney therefore recommended approval be postponed until the tape had been reviewed. Vice Mayor Furtado amended the motion to approve the Consent Agenda absent approval of the minutes of 12/21/95 City Council Regular Meeting. Councilman Clark seconded the amended motion, which carried by unanimous 5 -0 vote. The following items were approved on the Consent Agenda: 1. Proclaiming January 28 through February 31, 1996 as Catholic Schools Week. 2. Resolution 1, 1996 - Supporting H.B. 176 and S.B. 16, Hit and Run. 3. Resolution 2, 1996 - Consideration of Approval of BallenIsles Parcel 14 Paver Sidewalks. 4. Resolution 3, 1996 - Consideration of Approval CITY COUNCIL REGULAR MEETING, 1/4/96 of BallenIsles Parcel 16 B Paver Sidewalks. 5. Resolution 7, 1996 - Authorization to Enter into D.O.T. District 4 Beautification Grant and Maintenance Agreement. RESOLUTIONS: RESOLUTION 40, 1995 City Manager Herakovich explained that the City Council's previous comments regarding the Dwyer High School proposal to erect a cellular tower and the City Council's desire that they go through a Planning and Zoning review had been incorporated into this agreement. In response to Councilwoman Monroe's concern that the agreement contained no termination clause, City Attorney Baird explained that during previous discussion the City Council had indicated that the agreement should not be able to be terminated while the School Board owned and operated property within the City, and that the purpose of the agreement was to implement Section 235.193(9) of Florida Statutes. After further discussion, it was agreed to delete Section 5 of the agreement regarding application fees. City Attorney Baird recommended insertion of the following language in Section 1 of the Resolution after the words Interlocal Agreement: attached hereto and incorporated herein as Exhibit A. Vice Mayor Furtado made a motion to approve Resolution 140, 1995, as amended. Councilman Jablin seconded the CITY COUNCIL REGULAR MEETING, 1 /4/96 PAGE 7 motion, which carried by unanimous vote of 5 -0. RESOLUTION 5, 1996 Code Enforcement Board Chair Lee Jebb recommended that strong people from the areas of real estate and development be appointed to the Code Enforcement Board, and that staff also take a firm stance. Comments by City Council members included displeasure with code enforcement, suggestions for a training workshop for the Code Enforcement Board, a suggestion that comments from Board members be acknowledged, and proposed a study of a possible Special Master system. After discussion, the City Council agreed with Ms. Jebb's suggestion that in the future, applicants for a board should be interviewed by representatives from that particular board. Councilman Jablin made a motion to approve Resolution 5, 1996 - Consideration of Approval of Appointments of Members to the Code Enforcement Board, with the name of Paul T. Sabatello inserted in Section 1 and the name of Steve McKalvey inserted in Section 2. Vice Mayor Furtado seconded the motion. Motion carried by unanimous vote of 5 -0. PUBLIC HEARINGS: ORDINANCE 29, 1995 Mayor Russo declared the Public Hearing open, which was duly advertised 12/25/95 and held on the intent of Ordinance 29, 1995 - Amending Section 159.029 of the Palm Beach Gardens Code Land Development Regulations (Effective Period of Development Orders). Planning CITY COUNCIL REGULAR MEETING, 1/4/96 PAGE 8 and Zoning Director Richard Walton requested further delay of consideration of second reading and adoption of Ordinance 29, 1995 in order to incorporate comments made by Councilwoman Monroe, who had been absent at the last meeting. Discussion ensued regarding under what conditions a Development Order approval should be terminated. Councilwoman Monroe expressed her opinion that a project should not go forward if it was not a fixable project. Councilman Clark agreed, but cautioned that the Council should ascertain that they did not set themselves up for problems on those projects which they elected to turn down for extensions. Mayor Russo stated that the Public Hearing would remain open. Vice Mayor Furtado made a motion to continue the Public Hearing to the City Council meeting of February 1, 1996 at approximately 7:30 P.M. Councilwoman Monroe seconded the motion, which unanimously carried by 5 -0 vote. City Attorney Baird advised that based upon comments by the City Council members it appeared that the Ordinance might substantially change, and if so, then it would need to be readvertised. Mayor Russo asked the City Attorney to make that determination after consultation with staff and to proceed with readvertisement if necessary. CITY COUNCIL REGULAR MEETINGr 1/4/96 PAGE 9 ORDINANCE 30, 1995 Mayor Russo declared the Public Hearing open, which was duly advertised 12/20/95 and held on the intent of Ordinance 30, 1995 - Rezoning a 7.76 Acre Parcel from Palm Beach County Zoning Designation of RS, Residential Single Family, to the City zoning designation of PUD, Planned Unit Development, for the construction of 17 detached single- family custom homes located west of Prosperity Farms Road and approximately 765 feet north of Burns Road (Nature's Hideaway) for consideration of Second Reading and Adoption. Planning and Zoning Director Walton reviewed the staff report dated December 28, 1995 and explained that this was a very unique low - density project on a very nice parcel of land. Lee Sherman, Developer for the project, reviewed the project and explained that it had been planned with minimum loss of trees. Discussion included curbing for the one -way street, parking, tree preservation, wildlife, and sidewalks. Bill Perry, resident of Prosperity Oaks Court directly behind this project, stated he spoke for most of the neighbors and that they were very happy to have Mr. Sherman's project behind them, and hoped that his plan would be followed. Mr. Perry expressed concern that some protection for their CITY COUNCIL REGULAR MEETING# 1/4/96 PAGE 10 drainage be established to avoid future problems with their new neighbors, and requested that any measures possible be taken to resolve the overall water problems without placing undue pressure on Mr. Sherman. Mr. Sherman commented that his project would take on about 3/4 of an acre of the drainage, as well as an acre from the Oasis Club, which the retention pond would accommodate. David Harrelson, 299 Kelsey Park Circle in the Oaks, directly behind The Hideaway, expressed hope that the purchasers of the lots viewed from his back yard would not cut the trees along their lot lines; and stated that he was basically comfortable with the applicant's presentation. There being no further comments from the public, Mayor Russo declared the Public Hearing closed. After discussion by the City Council, Condition 6 was changed to read as follows: The location of interior sidewalks shall be shown on the construction drawings within rights -of -way and /or easements prior to record plat approval. Discussion of Condition 16 resulted in addition of the following sentence: A monthly report shall be submitted by the Landscape Architect to the City until the issuance of the final Certificate of CITY COUNCIL REGULAR MEETINGS 1/4/96 PAGE 11 Occupancy. In Condition 17, the reference to recorded instrument, which shall be reviewed and approved by the city attorney, was changed to recorded covenants and a conservation easement subject to approval by the City Attorney. In Condition 180 it was agreed to change association documents to recorded covenants. The first sentence of Condition 1 was changed to read: A sidewalk may be constructed adjacent to this property on Prosperity Farms Road subject to the approval of the City Engineer. In both Condition 13 and 14, the first sentence shall begin: Prior to final approval of land alteration, and the wording whichever occurs first shall be deleted. The requirement for minimum 6 -inch bandings on windows listed on Exhibit "A" was changed to 3 inches. Councilwoman Monroe made a motion that Ordinance 30, 1995 be placed on Second Reading by title only and adopted as amended. Vice Mayor Furtado seconded the motion, which carried unanimously by a vote of 5 -0. The city Clerk read Ordinance 30, 1995 by title only on Second Reading. ORDINANCES ORDINANCE 1, 1996 After extensive discussion of Ordinance 1, 1996 - Amending Section 32.54 of Chapter 32 of the Palm Beach Gardens Code of Ordinances entitled Departments, Boards and Commissions, the City CITY COUNCIL REGULAR MEETING$ 1/4/96 PAGE 12 Council agreed that the last paragraph under Section 1 should be changed by deleting the words as Past Chairman and by adding language that the Chairman who is in office at the time of approval of this Ordinance may elect to serve an additional one year term. Councilwoman Monroe made a motion to place Ordinance 1, 1996 on First Reading by title only, with direction to staff to make the changes as discussed. Vice Mayor Furtado seconded the motion. City Attorney Baird suggested that the title of the Ordinance should be amended to read, An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, Amending Section 32.54 and 32.55 of Chapter 32 of The Palm Beach Gardens Code of Ordinances entitled Departments, Boards and Commissions. Councilwoman Monroe amended the motion to include the change suggested by the City Attorney. Vice Mayor Furtado seconded the amended motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 1, 1996 on First Reading by title only. ITEMS FOR COUNCIL ACTION: PURCHASE OF MOWER City Manager Herakovich reported that staff had recommended the purchase of a Toro Groundsmaster 325 Grounds deck mower in the amount of $13,235.00 from Hector Turf, which had been the low bidder of three proposals received. Vice Mayor Furtado made a CITY COUNCIL REGULAR MEETING* 1/9/96 PAGE 13 motion to purchase the mower per staff recommendation. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. PURCHASE OF POLICE CARS The City Manager explained that seven white 1996 Chevrolet Caprice vehicles were available for purchase at a cost of $18,422.50 per unit because the Metro Dade Police Department had refuse to take delivery due to the vehicles being the wrong color, and recommended that the City take advantage of this opportunity. Councilwoman Monroe made a motion to accept staff recommendation. Motion was seconded by Vice Mayor Furtado and carried by unanimous vote of 5 -0. SIDEWALK CONSTRUCTION CONTRACT City Manager Herakovich explained that staff recommended piggybacking off the county contract for construction of a section of sidewalk on City property from the Eissey Theater Drive south to RCA Boulevard. Wynn & Sons Construction, Inc., low bidder, would complete the project for $11,125.00. Vice Mayor Furtado made a motion to approve staff recommendation for the sidewalk project. Councilman Jablin seconded the motion, which carried by unanimous vote of 5 -0. CITY COUNCIL REGULAR MEETING, 1/4/96 PAGE 14 ITEMS FOR DISCUSSION: DAMERAU OFFICE PARK Planning and zoning Director Walton reviewed the staff report for this project in which the office buildings would have a residential appearance, and discussed the reasons that staff had recommended denial of the PUD. Bob Bentz, Agent for the Petitioner, explained that the neighborhood office park would have lower densities than the site plan previously approved for this parcel, and commented that most of staff concerns had been met. After discussion, because of the excessive number of waivers requested by the Petitioner and staff position that conditions had not been satisfied, the City Council directed the Petitioner to work with staff to resolve issues before coming back before City Council. RV /BOAT TASK FORCE City Manager Herakovich reported staff research had revealed that only residents against the Ordinance had volunteered to serve on the Task Force. A resident, Linda Huey explained that she was against the new ordinance because of safety concerns. After discussion, it was agreed to identify residents who were not against the ordinance, who lived in older sections of the City where there were no HOA CITY COUNCIL REGULAR MEETING, 1/4/46 CITY MANAGER REPORT I -95 ENFORCEMENT PAGE 15 requirements, and who would be interested in serving on the Task Force. PROGRAM City Manager Herakovich explained that the City of Palm Beach Gardens had been asked to assist with enforcement of speed limits on I -95, and that City Police Officers currently patrolled I -95 during off peak hours. Assistant Police Chief O'Rourke reviewed benefits of joining the program. After discussion, it was the consensus of the City Council that the City would join the program on a trial basis for the 1996 calendar year. CITY MANAGER REPORT City Manager Herakovich reported that a workshop was scheduled for later in January to review The EAR /Blue Ribbon Committee plans. February 22 was agreed upon as the date for a town meeting for public input. Vice Mayor Furtado announced that the City Council members were invited to attend the Northern Palm Beach Chamber of Commerce meeting from 5 -7:30 P.M. at Prosperity Oaks on Thursday, January 25. CITY ATTORNEY City Attorney Baird provided an update on ongoing cases. ADJOURNMENT There being no further business to discuss, motion CITY COUNCIL REGULAR MEETING, 1/4/96 was made by Councilwoman Monroe, seconded by Councilman Clark, and unanimously approved to adjourn the meeti 11:19 P.M. APPROVAL C" i MAYO JOE RUSSO VICE MAYOR LAUREN FURTADO COU LINDA MONROE COUNCILMAN ILMAN 6R Q JJABLIN COUNCILMAN DAVID CLARK ATTES r ?/' � NDA/V. KOSIER, CMC, CITY CLERK PAGE 16