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
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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
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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
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