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HomeMy WebLinkAboutMinutes Council 082096CITY OF PALM BEACH GARDENS CITY COUNCIL AUGUST 20, 1996 The August 20, 1996, meeting of the City Council of the City of Palm Beach Gardens was called to order at 7:30 P.M. in the Council Chambers of the Municipal Complex Building located at 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of Allegiance to the Flag. ROLL CALL The roll was called by the Deputy City Clerk, and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilwoman Linda Monroe and Councilman Eric Jablin. Councilman David Clark was not in attendance. ITEMS BY THE MAYOR AND COUNCIL THAT REQUIRE ACTION Mayor Russo Mayor Russo announced this meeting was the continuance of the meeting that was postponed from August 15, 1996. Vice Mayor Furtado Vice Mayor Furtado stated she would like to discuss the status of the fence on I -95 while the public and the press were in attendance. City Manager Herakovich stated that the amount of money was not going to be enough to put fencing all along I -95. The City Manager stated that staff is researching how much lineal feet could be done with the amount of money being awarded by the State. Staff is now prepared to advertise the RFP for the work and will come back before the Council for authorization for the amount needed. COMMENTS FROM THE PUBLIC There were no comments from the public. CITY COUNCIL REGULAR MEETING 8/20/96 PAGE 2 CONSENT AGENDA Vice Mayor Furtado made a motion to approve the Consent Agenda, seconded by Councilman Jablin. Councilwoman Monroe questioned the City Attorney re: Resolution 119, 1996, and any possible legal problems with freedom of speech. It was suggested that Resolution 119, 1996, be pulled from the Consent Agenda and be discussed under Item X. Resolutions. Vice Mayor Furtado withdrew her motion, and Councilman Jablin removed his second. Vice Mayor Furtado made a motion to approve the Consent Agenda, except for Resolution 119, 1996. Councilman Jablin seconded the motion, which unanimously carried. The following items were approved on the Consent Agenda: 1. Approval of Minutes of 8/1/96 City Council Regular Meeting. 2. Approval of Minutes of 8/15/96 City Council Regular Meeting. 3. Resolution 118, 1996 - Re- consideration of Approval of Resolution 118, 1996, to approve an easement and maintenance agreement between Seymour Fine and the City of Palm Beach Gardens. 4. Resolution 121, 1996 - Consideration of Approval of a minor Amendment to the Site Plan for the Grand Clubhouse in the BallenIsles PCD. PUBLIC HEARINGS Ordinance 8, 1996 Mayor Russo announced that this was a Public Hearing regarding Ordinance 8, 1996, adopting the Evaluation and Appraisal Report of the Comprehensive Plan of the City as advertised 7/3 1/96. Mayor Russo declared the Public Hearing open. City Planner Kim Glas stated this item had been workshopped many times and would answer any questions the Council may have on this issue. Ms. Glas stated that if the Council approved this document this evening it would then be transmitted to the Department of Community Affairs for their review for sufficiency. Ms. Glas stated that the City could not amend the Comprehensive Plan until the EAR is found to be sufficient. There being no comments from the public, Mayor Russo declared the Public Hearing CITY COUNCIL REGULAR MEETING 8/20196 PAGE 3 closed. Vice Mayor Furtado made a motion to adopt Ordinance 8, 1996, and to place it on second reading. The motion was seconded by Councilman Jablin and unanimously carried. The Deputy City Clerk read Ordinance 8, 1996, by title only on second and final reading. Ordinance 14, 1996 Mayor Russo stated that the Council has received a letter from the petitioner on this issue asking for the public hearing to be postponed. Planning and Zoning Director Richard Walton stated the petitioner wanted to go back before the Planning and Zoning Commission and begin the process over with an amendment to the application. Assistant City Attorney Paul Golis recommended that the public hearing be postponed to a date certain as this would eliminate the issue of whether there would be two considerations on the same issue by the City Council. Mayor Russo declared the Public Hearing open for Ordinance 14, 1996; and, there being no comments from the public, Mayor Russo declared the Public Hearing closed. Vice Mayor Furtado made a motion to postpone the Public Hearing on Ordinance 14, 1996, amending the Comfort Inn Planned Unit Development approved by Ordinance 53, 1988, to construct a two- story, 7,507 square foot ancillary building, to the October 3, 1996, City Council meeting at approximately 7:30 P.M. The motion was seconded by Councilman Jablin and unanimously carried. Ordinance 15, 1996 Mayor Russo declared the Public Hearing open on Ordinance 15, 1996, amending Section 159.029 of the Palm Beach Gardens Code Land Development Regulations. (Effective Period of Development Orders) Planning and Zoning Director Richard Walton stated that the Council had before them a version of Ordinance 15, 1996, dated 8/20/96, with changes made at the request of CITY COUNCIL REGULAR MEETING 8/20196 PAGE 4 Councilwoman Monroe. Mr. Walton stated that there were no substantive changes to Ordinance 15, 1996. Mr. Walton stated that there are 4 project applications that will be heard under this Ordinance once it is approved by the City Council. Councilwoman Monroe requested that staff think about language for the process for conditions of approval, feeling that there should be a 90 day provision for conditions of approval similar to that provision provided for the recording of a plat. Councilwoman Monroe asked that staff return to Council if they notice that the absence of such a provision caused problems. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilwoman Monroe made a motion for adoption of Ordinance 15, 1996, and to place it on second reading. Vice Mayor Furtado seconded the motion, which carried unanimously. The Deputy City Clerk read Ordinance 15, 1996, by title only, on second and final reading. RESOLUTIONS: Resolution 119, 1996 Assistant City Attorney Paul Golis stated that rdinarily there would be a consideration with regard to free speech, however, in reviewing the resolution and the basis for the resolution whereby members of the public thought they were donating to members of the Fire Department when in fact they were not, a public interest exception would overrule and be the controlling issue. Councilwoman Monroe made a motion to adopt Resolution 119, 1996, approval to grant the Palm Beach Gardens Fire Department exclusive rights to conduct the annual "Fill the Boot" Drive in cooperation with the Muscular Dystrophy Association and the Nations Fire Service. The motion was seconded by Councilman Jablin and unanimously carried. Resolution 122,1996 Vice Mayor Furtado stated that Councilman David Clark is the representative for the Fire CITY COUNCIL REGULAR MEETING 8/20/96 PAGE 5 Department portion of NAMAC and since the Merit Board is in the process of being dissolved and she is the Council liaison to that Board, she volunteered to be the representative from the City Council for the Police portion of NAMAC. Councilwoman Monroe made a motion to appoint Councilman David Clark as the Council representative for the Fire portion of NAMAC with City Manager Bobbie Herakovich as the alternative member and Vice Mayor Furtado as the Council representative for the Police portion of NAMAC, with City Manager Bobbie Herakovich as the alternative member. The motion was seconded by Councilman Jablin and unanimously carried. Resolution 123,1996 Planning and Zoning Director Richard Walton detailed the application for the amendment to the approved signage for the NorthCorp Center located within the NorthCorp PCD, stating that the application was to revise the approved identification wall mounted sign located on the north elevation of the building. The petitioner proposed to replace the existing wall sign with three wall signs on the north elevation of the building. The dimensions of the proposed signs would be 2.5 feet in height and 10 feet in length for sign "A ", 4 feet in height and 4 feet in length for sign "B" and 2.5 feet in height and 10 feet in length for sign "C ". The proposed signs would read "PBG 25 abc ", "34 WTVX UPN "; and "PBF NEWS ", respectively. Mr. Walton stated that Building Official Jack Hanson has reviewed the plans and has noted that the proposed signs are not in compliance with requirements of the City Code in terms of allowable number of wall mounted signs and recommended denial of the petition. The petitioner is requesting a waiver to the requirement of Section 155. 10, Flat/Wall Signs, pertaining to the number of wall signs. Doug Barker, Vice President and General Manager of WPBF, Channel 25, addressed the City Council and stated that staff has properly related the request. Mr. Barker stated that CITY COUNCIL REGULAR MEETING 8/20196 PAGE 6 they wanted to move the existing sign and install one that is smaller since their logo has changed. Additionally, last August, they worked out an arrangement with another broadcasting company to move their television station, Channel 34, from Fort Pierce into the building. Channel 34 has no identification on the building and it was done this way to see if it would have any effect on the two stations. Mr. Barker stated that it is a very dark area and in the evening people can not see where the stations are located. People visiting during the day have not been able to locate Channel 34 offices. Mr. Barker felt it was a fair request to occupy 4% of 440 feet of space on the building. Mr. Barker felt that the proposed signs were tasteful and ask approval of the signage. Mayor Russo felt that people could not find the station because when broadcasting they state they are in West Palm Beach. Mayor Russo stated that the request does not meet the Sign Code and there was no justification to allow the requested signage. Mayor Russo stated that the Council in the past has been strict with the Sign Code. Councilwoman Monroe questioned how much of the proposed signage was over the limit according to the Sign Code and if NorthCorp was at their limit for ground signs. Councilwoman Monroe did not feel it was the Council's job to find a solution to the signage problem, but felt that the petitioner should work with staff to propose signage that was within the limits of the City's Sign Code. Councilwoman Monroe suggested that the address number on the building could be lit to make it more visible. Vice Mayor Furtado stated that in the past she had an office in that building and sympathized with the signage problems in that location. Vice Mayor Furtado felt that the signage problems in NorthCorp were more unique than in other areas because some of the offices are interior rather than exterior. Vice Mayor Furtado questioned whether one sign CITY COUNCIL REGULAR MEETING 8/20/96 PAGE 7 could be used for both Channel 25 and Channel 34. Mr. Barker stated that method was considered, however, they felt the proposed signage was more tasteful and looked better because of the way the building is constructed. Marty Zeitz, Sign -A -Rama, USA, stated one of the problems with putting the two stations on one sign was that it would be twice as big as what was being proposed. Vice Mayor Furtado stated that her idea was to take a sign that would fit into the permitted area to incorporate both stations. Mr. Zeitz stated that because the logos were somewhat different the colors would not be the same. Vice Mayor Furtado stated that there are situations like this that arise from time to time and asked that in the future staff try to compromise requests. Mayor Russo stated that in order to grant a variance to the Sign Code, there must because and justification. Mayor Russo stated that staff could only do what the Code allowed. City Manager Herakovich stated that staff had discussed the limitations of the Sign Code with the petitioner, however, the petitioner wanted to come before the Council to see what response they would get. Mr. Barker stated that it is obvious to him that the Council would like him to go back and redesign the proposed signage. Mr. Barker stated that he understands the rules and will try to work within those rules. Vice Mayor Furtado stated that the facility in NorthCorp has been there a long time and is a multi - faceted use facility, and it is hard to know where businesses are within the buildings. Mayor Russo stated that if this was a PUD there would be more flexibility and possible trade -offs, however, this was straight zoning. Vice Mayor Furtado stated that this area was idle for quite some time and now has quality companies occupying the buildings and felt CITY COUNCIL REGULAR MEETING 8/20/96 PAGE 8 that the City should work with trying to help solve some of the identification problems. Councilwoman Monroe stated there was a similar situation in the building across from the Gardens Mall that was a 10 story building. People still look for a building when trying to locate a business located within that particular building. Mayor Russo requested that the petitioner work with staff to propose signage that would comply with the City's Sign Code. Mr. Barker asked what the procedure would be if they would only replace the PBF sign. Mr. Barker was informed that it would not have to come before the Council if it complied with the Sign Code and would be approved by the Building Official. Councilwoman Monroe made a motion, seconded by Councilman Jablin, to deny Resolution 123, 1996. The motion was unanimously carried. Resolution 124, 1996 Planning and Zoning Director Richard Walton stated this request was to amend the Medical Mall Planned Unit Development located at the northeast corner of PGA Boulevard and Alternate Al A, within the Regional Center Development of Regional Impact, to revise the approved identification monument signs located at the north and east entrances to the site. The approved signs are 9.5 feet in height and 12 feet in length, and the petitioner proposed to revised the copy, the materials and the size of the approved signs. The proposed dimensions of the two signs will be 7 feet in height and 9 feet in length and would read "The Medical Mall /The Gardens Court" instead of "Mediplex/Medical Mall ". The background would be beige with rust brown vinyl letters. The petitioner s proposed to locate the street number below the identification signs, with the setbacks and location of the signs remaining the same. Sumner Gotlib, agent for the Medical Mall, stated that the change came about after many CITY COUNCIL REGULAR MEETING 8/20/96 PAGE 9 months of working with the MacArthur Foundation. Mr. Gotlib stated that the signs are smaller than what was originally approved and all materials have been upgraded. Councilwoman Monroe made a motion to approve Resolution 124, 1996. The motion was seconded by Councilman Jablin and unanimously carried. Resolution 125,1996 Planning and Zoning Director Richard Walton stated this request was for an amendment to the Prosperity Oaks Planned Unit Development for a convenience store on the premises of the congregate living facility located on the west side of the Prosperity Farms Road south of PGA Boulevard. The petitioner is proposing to operate a 270 - square foot convenience store on the first floor of the congregate living facility located in the lobby area across from the First Union Bank. The facility would operate from 9:00 a.m. to 5:00 p.m. Monday through Friday. Signage will be restricted to the interior of the building. Mr. Walton stated that staff recommended approval with two conditions. Councilwoman Monroe felt that the first condition that restricted the use of the convenience store only to residents of the development was not reasonable as guests of the residents in the PUD would use the convenience store. Councilwoman Monroe felt that with no signage on the exterior people that were not residents of that community would not be using the convenience store. The Council agreed with Councilwoman Monroe's opinion regarding the first condition. It was decided that the first condition would be changed to allow use by guests. Mr. Charles Sparks, agent for Prosperity Oaks, stated that the Prosperity Oaks Resident Council has requested that the interior plans for the convenience store be changed to mimic those of the bank construction so that it would not have the institutional look of a store front. The Council expressed no concerns with internal plans being revised as they were just approving the use. CITY COUNCIL REGULAR MEETING 8/20/96 PAGE lA Councilwoman Monroe made a motion to approve Resolution 125, 1996, with the amendment to Section 3, 1. to include the use by guests. The motion was seconded by Vice Mayor Furtado and unanimously carried. Resolution 126,1996 Mayor Russo stated that Resolution 126, 1996, authorized the Mayor and City Clerk to execute an agreement between the School Board of Palm Beach County and the City of Palm Beach Gardens for the coordination of planning. Councilwoman Monroe referenced recent newspaper articles that she interpreted as stating that these agreements were not enforceable. Based on that information, Councilwoman Monroe stated that she asked the City Attorney several questions. It was determined that the School Board had to comply with the City's Comprehensive Plan and Land Development Regulations. Once an approval has been granted to a School Board piece of property it was not clear what they could do to the property without coming back to the City for approval. Councilwoman Monroe did not feel the Council should move on this Resolution and Agreement until the answers were clear and it could be determined whether the City would be helped or hurt by the adoption of Resolution 126, 1996. Assistant City Attorney Paul Golis stated that he and City Attorney Tom Baird would review questions raised and would have an opinion by the next Regular City Council meeting. Joann Kaiser, Area Director, addressed the Council and stated that she felt the Agreement should be moved forward in an effort to coordinate planning efforts, however, agreed that the questions needed to be answered. Mrs. Kaiser stated that the schools were facing a multitude of problems and the only way to move ahead would be to work together toward the needs of the community. Mr. Augustus Hernandez, School Board Planner, stated that he came before the Council CITY COUNCIL REGULAR MEETING 8/20196 PAGE 11 with plans for the building of Timber Trace, Duncan Middle School and Dwyer High School and he felt that the School District does not have growth management powers and must be in concert with the local government entity for land use planning and zoning classification. Mr. Hernandez stated that one of the unanswered questions was where zoning stopped and power of administrative code regulations took over. Mr. Hernandez hoped that a happy medium could be reached and stated he was proud of the above mentioned schools that were an achievement of both the School Board and the City Council. Mr. Hernandez stated that there is a requirement that school districts coordinate their school planning activities with local governments and there was an October deadline to meet this criteria. Mr. Hernandez reviewed a study that was done regarding population and school plans throughout the County. Population numbers are taken from the County and the Department of Census and these numbers are constantly moving. These population numbers are converted into student population projections for the planning of future schools. Mr. Hernandez referenced a map of population growth in the north area and gave copies to the Council, and explained that the School Board looks at existing facilities, their capacities and attendance in future planning. The School Board compares schools in the north county area to those in the south county area and lists the schools from the most overcrowded to the least overcrowded. The School Board has listed the north area schools as being the least overcrowded in the County. After looking at all the numbers, once every five years a survey analysis is conducted of all schools and determines if there is a need for new school facilities in the area. Mr. Hernandez presented a map of the upcoming year that showed a need for new schools. Mr. Hernandez stated that once the survey is completed and approved by the School Board it will then be forwarded to the Department of Education for approval so that revenue funding can be obtained by the District. Mr. CITY COUNCIL REGULAR MEETING 8/20/96 PAGE 12 Hernandez stated that he would make copies of the survey available to the City Council so that they can look at the conditions of the neighborhood schools and the conditions of those in the surrounding communities. The object of the proposed agreement is to make the District Planners work with the City's Planning staff in bringing this information forth so that the Council had a better idea throughout the year of the process of the planning of new schools. Mr. Hernandez stated that this was the major emphasis of the agreement before the Council tonight and, while there were some unanswered questions regarding growth management, there was a clear understanding that the District had to have property that was properly zoned. Mr. Hernandez stated that the School Board looked forward to working with the City's staff in determining whether the needs of the City will be met in the future. In response to Mayor Russo, Mr. Hernandez stated that the high schools in this area were the least impacted in the five year plan per the Department of Education. Mr. Hernandez stated that the desired level of service for high schools is 110% and the schools in the north county are operating at 85 -93% capacity. Mr. Hernandez stated that this Agreement would allow for the School District to bring plans for new schools to the City Council in a more timely manner and allow for more input in the planning process. Vice Mayor Furtado expressed her concern that City staff advised the School Boared of new development and projects, however, the School Board has not taken these projects into consideration. Vice Mayor Furtado felt that the local governments have been trying to work with the School Board for a long time, however, the School Board has not cooperated with the local governments. Vice Mayor Furtado expressed her concern with curriculum in the School District. Vice Mayor Furtado referenced work done by the North County Planning Forum and stated that the maps presented by Mr. Hernandez does not CITY COUNCIL REGULAR MEETING 8/20/96 PAGE 13 correspond with conclusions by that Forum on areas where future growth was predicted. Councilwoman Monroe stated that she agreed with Vice Mayor Furtado in that the numbers of future population growth are incorrect. Councilwoman Monroe stated that the School Board brought a plan to the City for the Dwyer High School site and what was built did not correspond to plans seen by the City Council. Councilwoman Monroe pointed out that Mr. Hernandez stated the School Board had to comply with the City's codes, yet they did not comply with the Codes on the Dwyer High School site. Mr. Hernandez stated that he came before the City Council for the rezoning and land use change for the Dwyer School site and felt that what was built there was what was proposed. Councilwoman Monroe stated that the tower was not on the proposed plan, nor was the lighting. Mr. Hernandez felt that the communication tower at Dwyer High School served an educational purpose as well as a revenue generating purpose. Councilwoman Monroe stated that other entities come before the City Council to change their site plans and stated that she was not comfortable with the answers given by Mr. Hernandez. Mr. Walton stated that the stadium at Dwyer High School was not on original plans presented to the City Council. Mr. Hernandez stated that this was an educational facility and while the Board approved the stadium plans he should have brought revised plans back to the City Council. Mr. Hernandez stated that while there were mistakes made in the past it was his hope that this agreement and the mandatory statutes would help the School Board cooperate with local governments. Councilwoman Monroe stated that the miscommunication in the past mades it more painful to approve the proposed agreement as this City Council has been more vocal on the concurrency issue before the School Board. Councilwoman Monroe stated that the City Council is supportive and in favor of the School District making improvements, however, CITY COUNCIL REGULAR MEETING 8/20/96 PAGE 14 felt that the City has been treated shabbily. Councilwoman Monroe stated she would like answers from the Planning Department and Legal staff as to whether this agreement is needed and what this agreement will do for the City. Mayor Russo stated that other lnterlocal Agreement with the School Board also states what facilities the schools are suppose to have and felt that the City has been treated unfairly in that area as well. Mayor Russo stated if the School Board is only seeking approval of this agreement because it is State mandated then nothing has really changed. Mayor Russo expressed his hope that someday things would change in that the School Board would begin communication with the cities. Mayor Russo felt that if concurrency and the sales tax issue passed something would have to be done so that the cities would have input. Mayor Russo stated that the School Board will never get his vote to put a sales tax on the ballot unless he gets protection that what happened before never happens again. Mr. Hernandez felt there was new direction under the new superintendent and that getting approval of the local communities was a high priority. Mr. Hernandez felt that with that kind of leadership the City Council would see more coordination of planning with the School Board. Assistant City Attorney Paul Golis stated that this Resolution would be tabled until the next Regular Meeting of the City Council until an opinion is rendered by the City Attorney in answer to some of the questions raised by the City Council. ORDINANCES: Ordinance 16,1996 Councilwoman Monroe made a motion to place Ordinance 16, 1996, amending Ordinance 24, 1995, same being the Budget Ordinance of the City of Palm Beach Gardens for the Fiscal Year beginning October 1, 1995 and ending September 30, 1996, inclusive, on first reading by title only. The motion was CITY COUNCIL REGULAR MEETING 8/20/96 PAGE 15 seconded by Vice Mayor Furtado and unanimously carried. The Deputy City Clerk read, by title only, on first reading, Ordinance 16, 1996. ITEMS FOR COUNCIL ACTION Police Vehicles City Manager Herakovich stated that the Police Department budgeted for the purchase of 9 vehicles and 7 vehicles have already been purchased. This purchase would be for 3 Chevrolet Luminas for the Detective Division (2 purchased out of replacement account and 1 purchased out of the budgeted account); one multi -use four wheel drive vehicle. The City would be piggy -back off of Hialeah's bid at a cost of $16,101.57, for a total cost of $32,203.14, leaving a balance of $21,440.93 toward the purchase of the remaining budgeted vehicle. A bid will be issued for the purchase of the four wheel drive vehicle. Vice Mayor Furtado made a motion to approve the purchase of the vehicles for the Police Department. The motion was seconded by Councilwoman Monroe and unanimously carried. Public Works Vehicles Public Works Director Bob Patty stated that the Department has some older tracks that have been budgeted for replacement. Mr. Patty stated that the City could piggy -back off of Boca Raton contract for the purchase of three 1996 Dodge Ram 4x4 pickup trucks at a cost of $19,545.76 per vehicle. Councilwoman Monroe stated there was to be a discussion regarding how fleet purchases would be done in the future. Councilwoman Monroe expressed her concern that the mechanics may have a problem in being well- versed in repairs and maintenance of various makes and models of vehicles. Al Perkins of the Public Works Department explained the reasoning for piggy - backing off other contracts and bids and the money that can be saved from doing this process instead of the City placing advertisements or bids. Councilwoman Monroe made a motion to approve the purchase of three 1996 Dodge Ram CITY COUNCIL REGULAR MEETING 8/20/96 PAGE 16 4x4 pickup trucks as recommended by staff. The motion was seconded by Councilman Jablin and unanimously carried. ITEMS FOR DISCUSSION: MacArthur Parcel 28 Environmental Assessment City Planner Kim Glas stated that this is the site at the southeast comer of PGA Boulevard and Alternate AIA and noted that no development is proposed at this time. The petitioner is requesting approval of land management practices which include exotic species removal, vegetative height reduction, controlled bums, and revegetation. Ms. Glas stated that Greg Braun, Applied Technology Management, selected as the secondary environmental firm by the City, has been assisting the City in the review of this request from the environmental perspective as to what would be good for the City, pointing out that there are gopher tortoises on this site. A full environmental assessment has not been done on this property, but preliminary assessment has been done to give staff some comfort level. Ms. Glas stated that the Code provides for administrative approval of management plans and in most cases this management plan coincides with preserve areas set aside during development approval; but, the code was written to include other conservation and management activities. Ms. Glas stated that staff has encouraged the Foundation to do this on all their property, especially those next to residential areas, to prevent wild fires in the future. Councilwoman Monroe questioned how the height of some vegetation was maintained, and it was determined that the Foundation has included fire management as a critical component of the management plan and that will, to some extent, reduce the height of some of the vegetation. In addition, there are proposals to do some chopping or mowing to clear some fire breaks for fire management. There are provisions in the Landscape Code that states no vegetation will be taken down CITY COUNCIL REGULAR MEETING 8/20/96 PAGE 17 to a height below three feet unless it is within one of the firebreak areas. Ms. Glas stated that the Foundation would have to submit a fire plan for approval and pointed out that the Division of Forestry would also be involved. Councilwoman Monroe stated that she was still concerned with the reduction of vegetation height if it was not necessary. Councilwoman Monroe stated this was a highly visible piece of property and felt that fire breaks and occasional burns in the interest of public safety was understandable, however, she was not agreeable to mowing all sawgrass palmettos to the ground. A discussion ensued as how sawgrass palmettos grow and how they could be controlled. City Manager Herakovich stated that there have been discussions with the Foundation over the last couple of years regarding the need to have a land management plan for undeveloped lands. Ms. Herakovich stated that her interest has been in fire breaks and the Foundation's interest has been in controlled burns. Controlled burns are attractive because it is an easier way of taking care of the property, however, it is not always well accepted by residential areas. Ms. Herakovich stated that if the property is close to a residential area there could be danger to a nearby community. Ms. Herakovich stated that fire management is an environmentally acceptable method of managing land, however, it is not always an easy practice. Councilwoman Monroe stated she would like a plan that was manageable and safe for the residential areas, but something that would leave the property attractive. The entire site consists of 98 acres, of which 32 acres have been set aside as habitat. In response to Councilwoman Monroe, Greg Braun stated that the sawgrass palmettos would be protected because the code stated that there shall be no vegetation or trees greater than a 3 inch caliper removedl. In addition, any mowing, chopping or mechanical land alteration activity would not lower the vegetation less than 3 feet. Councilman Jablin stated that the Fire Department has a difficult time getting trucks into CITY COUNCIL REGULAR MEETING 8/20/96 PAGE 18 this area and asked if any access roads were planned for this area. Ms. Glas stated that there were no definitive plans at this point, but general concepts. The final plan would be approved by the Fire Department. Councilman Jablin stated that he was concerned that while this was a beautiful green spot in the City, it could be a danger; and felt the two should be balanced. The City Council asked that staff express to the Foundation their concerns with the management plan, however, let them know that safety is their first concern. Street Tree Inventory Mark Hendrickson, City Forester, presented the City Council with the street tree inventory. Mr. Hendrickson stated that this Friday the City would be reviewed by the Florida Forest Service to certify what the City has done as far as the grant is concerned. Mr. Hendrickson invited Council members to the Planning and Zoning Department to view the Geographic Information System in place and information that has brought the City into the Information Age. Mr. Hendrickson stated that the work now on the computer can be used by the Public Works Department in pointing out where the dead trees are located in the City that could result in a work order. The information could also generate work orders that would be pro- active in the beautification of different areas of the City, as well as the everyday maintenance. Mr. Hendrickson pointed out that this Urban Forestry Inventory is the first step in implementing a comprehensive tree plan that could be a Master Data Base for the City's Roadway Beautification Program. Mayor Russo felt that the City should go to the residents and tell them they will be responsible for the trees, but the City should also show the residents what the City is planning to do in the older sections for beautification purposes. Vice Mayor Furtado stated that she would like to have more trees on her property, but CITY COUNCIL REGULAR MEETING 8/20/96 PAGE 19 could not afford to hire a company on an annual basis to trim those trees. Vice Mayor Furtado stated that when cost becomes an issue, a homeowner has to weigh all sides. City Manager Herakovich pointed out that the whole purpose of this plan is for use as a management tool and shows that staff has some current modern management practices available to them by having the Tree Inventory. Ms. Herakovich stated that staff is also working on a sidewalk inventory, pipeline and utility crossings, etc. that are needed to operate a city. The City Council supported the effort and the continued effort of staff in this area. ITEMS BY THE MAYOR AND CITY COUNCIL Vice Mayor Furtado Vice Mayor Furtado stated she attended the opening of The Gardens Court at the Medical Mall. Vice Mayor Furtado stated this is a skilled nursing and rehabilitation center in a comfortable setting. Vice Mayor Furtado also attended Developmental Therapy Associates' opening on Prosperity Farms Road. This organization works with children that have disabilities, speech problems and all types of developmental problems and, although they are not non - profit, they have never turned a patient away. This organization is not subsidized by grants. Vice Mayor Furtado explained the history of this organization and expressed her pleasure that they have located in the City. Vice Mayor Furtado stated that Randy Whitfield of the Metropolitan Planning Organization believes they have found monies to purchase the property for the flyover on PGA Boulevard. Vice Mayor Furtado requested staff copy the documents she had from the MPO for the rest of the Council that listed upcoming projects for the month of September. There are two projects on the September project list that concern the City, one being the flyover and the other is the interchange for the turnpike at Northlake Boulevard. Vice Mayor Furtado has asked people from the Foundation to actively support both issues and CITY COUNCIL REGULAR MEETING 8/20/96 PAGE 20 they have agreed. Vice Mayor Furtado reported that the Mangonia Park station for the TriRail will open on October 1, 1996, and is located where the Jai Alai Fronton was located and will be the northernmost station. Twelve trains are being added, six in each direction, during peak times and are coordinating the PalmTran buses with the train schedules. Vice Mayor Furtado expressed her displeasure with the cooperation from the School Board and felt that the City has always beem cooperative. City Manager Herakovich stated she has had meetings with School Board staff on some of the issues that are a concern to the City and felt that there was the beginnings of new cooperation, and reported that another meeting is planned to discuss issues. Councilwoman Monroe Councilwoman Monroe stated that the same staff person from the School District has appeared before the City Council for a number of years and always tells the Council what is going to happen, however, it never turns out the way it is presented. Councilwoman Monroe stated that either the staff representative is not acting professionally or he is getting direction that makes him look bad in public. Councilwoman Monroe stated that she did not want to fault the School Board Administrators if it was a staff problem. Councilwoman Monroe stated she would like City staff to go to the School Board and tell them that the City consistently has a problem and ask if it is Administration or staff. Mayor Russo reminded the Council that over a year ago he wanted a joint meeting between the City Council and the School Board and it was not well received at that time. While he is not in favor of having this meeting at the present time due to some upcoming changes on the School Board, Mayor Russo felt that this meeting would be beneficial after the elections and the concurrency issue is settled. Councilwoman Monroe felt that the meeting should be in neutral territory. Councilwoman Monroe stated that Jim Schnell did the environmental assessment for the CITY COUNCIL REGULAR MEETING 8/20/96 PAGE 21 Foundation and pointed out that he has generally been the City's environmental consultant. Councilwoman Monroe expressed her concern when consultants switch sides and asked staff to look into this problem in an effort to avoid any conflicts. Mayor Russo stated that perhaps the City should establish a policy setting forth guidelines for consultants hired by the City and what may be considered a conflict of interest. A discussion ensued as to problems that occur or could occur with consultants hired by the City doing work for various petitioners. Councilman Jablin Councilman Jablin reported he attended the Florida League of Cities Conference two weeks ago and he will be bringing information he picked up at the conference back to the Council. Councilman Jablin expressed his pride in wearing a Palm Beach Gardens badge and stated a lot of representatives of other cities approached him with praise for some of the work being done in the City of Palm Beach Gardens. Councilman Jablin encourage members of the Council to attend future Florida League of Cities conferences. Mayor Russo Mayor Russo reported that he and the Vice Mayor attended the City's first bond referendum/charter referendum information meeting last night and stated that it was very successful. Out of 200 residents attending the meeting, all but one were in favor of what the City was proposing. Vice Mayor Furtado asked the Assistant City Manager to request some of the residents that attended that meeting to attend the Town Meeting to give the same positive comments. Mayor Russo stated this morning he attended a breakfast with the business community regarding the bond referendum/charter referendum and there were individuals in attendance that wanted to help the City achieve success on this issue. Mayor Russo stated that all Council members may attend any of the informational meetings that are scheduled and pointed out that all the meetings have been advertised so they could attend. CITY COUNCIL REGULAR MEETING 8/20/96 PAGE 22 Mayor Russo referenced the numerous letters he received from residents of Ballenlsles that went to members of the Blue Ribbon Committee stating their opposition to proposed development, however, felt that at some point in time these residents should be included in the Blue Ribbon process. City Manager Herakovich reported that currently the City is in contract negotiations with the fire union and received a wage proposal three days ago. The flyer that was faxed to the Weekday and circulated throughout the City on Thursday is not what the City expects out of negotiations and the City Manager stated she has spoken to the MXF concerning this issue. Negotiations will continue and a contract will be brought to the City Council when information is available. Mayor Russo asked for a report on this issue at the next City Council meeting. CITY MANAGER City Manager Herakovich stated that if the Council members knew of any homeowners associations or elderly residents that would not be able to attend any informational meetings regarding the bond referendum/charter referendum there are copies of videos showing a tour of City Hall that are available. A mailer regarding the election will be going out to registered voters and information on this issue was circulated to residents via the CityLine newsletter. City Manager Herakovich handed out a report prepared by the City Clerk showing the precincts, their location and the turnout from the various precincts during the last election. Vice Mayor Furtado stated that there was confusion among some residents in Lake Catherine because some have received the CityLine, but have been told by the Post Office that they are not in the City. City Manager Herakovich explained the address regulations imposed by the Post Office that the City has no control over. City Manager Herakovich reported that there are new stop signs installed on Holly Drive CITY COUNCIL REGULAR MEETING 8/20196 PAGE 23 at the intersections of Riverside/Holly and Holly/Dahlia. These stop signs were requested by the residents to slow down traffic and police officers will be on Holly Drive for the first day of school. City Manager Herakovich reported that staff has received several requests for agenda items and asked for direction from Council. One of the items requested is that Garden Oaks would like annexation, as well as another area, and staff would like to discuss their concerns with the Council. Mayor Russo felt that the Garden Oaks area was out of the City's annexation area. City Manager Herakovich stated that another item coming up before the City Council in the future is the Golf Course Management Contract. Staff will be sharing with the Council an independent report done earlier this year, which is more favorable than expected; and, staff will be asking Council for direction on contract renewal or going out for bid for management of the golf course. Mayor Russo stated he would like a report on why the income at the golf course is less than what was anticipated. City Manager Herakovich reported that Cathy Babin would like to be placed on a future agenda for the Council to reconsider approval of signage in the Roller Hockey Rink. The last direction from the City Council was that signage not be used in the Roller Hockey Rink. Mayor Russo felt that if the signage did not meet code there was no avenue for approval. Vice Mayor Furtado stated perhaps removable signs could be used that could not be seen from the street. Mayor Russo felt that Vice Mayor Furtado should discuss this possibility with the Building Official. Councilwoman Monroe expressed her concern that other organizations would then request the same consideration. Mayor Russo stated that he would like the request worked out without coming to Council unless there were no solutions devised by staff. The City Manager stated that in her opinion parks were not for CITY COUNCIL REGULAR MEETING 8/20/96 PAGE 24 advertising and once this practice was started there would be no stopping it. Ms. Herakovich felt that there were other alternatives for fundraising. City Manager Herakovich reported that on Thursday, August 29, 1996, at 2:00 p.m., the Board of County Commissioners will hold a transmittal hearing and CRAWLS is on the agenda. Typically presentation is made by staff and/or elected officials and asked that she be permitted to make the presentation. City Manager Herakovich reported that staff has taken some suggestions from the Board of Directors and representatives from the PBGYAA regarding the reconfiguration of the ballfields and have come to an agreement and will now have some support from the YAA regarding the referendum. ADJOURNMENT There bi APPROVAL Cam'°` osep usso Vice Mayor Lauren Furtado -ing no further business to report, the meeting was adjourned at 10:24 P.M. an Linda Monroe k Eri Jablin Councilman David Clark ATTEST: Cindy Harvey, Deputy CityCity C .