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HomeMy WebLinkAboutMinutes Council 040496CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS APRIL 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. RnT.T CALT The City Clerk called the roll and present were Mayor Russo, Vice Mayor Furtado, Councilwoman Monroe and Councilman Clark. Councilman Jablin arrived at 8:00 p.m. ANNOUNCFMFNTS Mayor Russo stated that the announcements were as posted on the City's bulletin boards. PRESENTATIONS: BUS7NFSS DFVFT�OPMFNT BOARD Diana Johnson Vice President of Business Recruitment for the Palm Beach County Business Development Board addressed the Council outlining the various incentives offered to new businesses moving to Palm Beach County, Ms. Johnson stated there were also State incentives. Mayor Russo stated that the North Palm Beach County Economic Advisory Group have discussed business incentives. PBC SPORTS cnMMTSSTnN Brahm Dubin addressed the Council outlining activities that would take place at the Second Annual Palm Beach County Sports Commission Youth Festival at Dwyer High School. Mr. Dubin invited each Council Member to participate in this event. Mr. Dubin also discussed the Special Olympics to be held in Palm Beach Gardens May 17 -18. Mr. Dubin stated there would be a need to close Central Boulevard from Hood Road to Donald Ross Road for a few hours and asked the City to donate the police hours required. Mayor Russo stated that the City had a policy and if the police hours were donated for this event other organizations would expect equal treatment. Mr. Dubin encouraged Council Members to participate in whatever way possible with the Special Olympics. Mr. Haas and Mrs. Diaz, City Auditors made a presentation regarding the audit they recently completed. Mrs. Diaz reported that the City was financially sound and thanked Kent Olson, Finance Director, for not only his assistance, but excellent financial procedures he has put in place for the City of Palm Beach Gardens. CITY COUNCIL REGULAR MEETING, 414/96 PAGE 3 MILITARY TRAIL CRALLS DESIGNATION Mr. George Webb, representing Palm Beach County, presented traffic information from the 2010 model. Vice Mayor Furtado expressed concern that the model did not contain all proposed projects or their funding, and commented that more information was needed to make an informed decision. Councilwoman Monroe expressed concern regarding property rights, disagreed that a temporary CRALLS designation could be a reality, and favored a delay in any action on this matter. Councilman Clark commented that uncertainty over such an issue could kill the proposed Golf Digest project and expressed his belief that no action at tonight's meeting might drive the project to another city. Councilman Jablin agreed, and stated that he did not want to risk losing the Golf Digest project. Further discussion by the City Council members ensued relative to the possible length of time for a temporary CRALLS designation. The County representative explained that a letter issued by the City Council would only be the first step in the process which would establish that Palm Beach Gardens had made a formal request for Palm Beach County to consider an amendment to the Comprehensive Plan to CITY COUNCIL REGULAR MEETING, 4/4/96 PAGE 4 reduce the level of service on Military Trail, and that a study must be done which would consider all ramifications of the request for designation before an actual designation could be made. Councilman Clark made a motion to authorize staff to make application to Palm Beach County for a CRALLS designation for Military Trail. Councilman Jablin seconded the motion. Councilwoman Monroe stated that she would vote against the motion since she believed land uses should be evaluated and adjusted before a CRALLS designation was made. The motion passed by a vote of 4 -1. EQUESTRIAN COMMUNITY UPDATE Mike Tarlitz, Palm Beach County representative, discussed a county program which had been known as the Major Attraction Program that had been designed to bring major attractions to the County, and which had been modified recently by the County Commission to include medium attractions. Mr. Tarlitz provided highlights of the program, and explained that $600,000 had been budgeted this year and was as yet unused. Councilwoman Monroe commented that it was disappointing that the City could not be ready in time to take advantage of the program this year, and that CITY COUNCIL REGULAR MEETING, 4/4/96 it was unknown whether it would be included in the budget next year. AWARDING OF BTDS: GOLF COURSE MITIGATION PROJECT Assistant City Manager Dunham reported that two bids had been received for the mitigation project at Palm Beach Gardens Golf Course, which had been duly advertised. Staff recommended the bid be awarded to Environmental Waterway Management, low bidder, in the amount of $8,047.30. 'Vice Mayor Furtado made a motion that staff award the bid to Environmental Waterway Management in the amount of $8,047.30. Councilman Jablin seconded the motion, which carried by a vote of 5 -0. FIRE DEPT. VEHICLE Assistant City Manager Dunham reported that 3 bids had been opened and read on 3/29/96 for a 4 -wheel drive Sport Utility vehicle for use by the Fire Marshall, duly advertised 3/28/96. Staff recommended the bid be awarded to Ed Morse Auto Park, for a Jeep Cherokee at a cost of $18,148.40. Councilwoman Monroe expressed concern that different makes of vehicles on the City's fleet would not allow the most efficient and cost effective maintenance program. Staff provided information regarding market changes and assured the City Council that in -house maintenance was not a CITY COUNCIL REGULAR MEETING, 4/4/96 PAGE 6 problem. Councilwoman Monroe requested staff provide a presentation at an upcoming City Council meeting on the subject of fleet management and purchases over the next 2 - 3 years. Vice Mayor Furtado suggested that a more efficient method of vehicle use be pursued so that vehicles did not sit idle for long periods. Councilman Clark made a motion to approve the staff recommendation. Councilman Jablin seconded the motion, which carried by 3 -2 vote, with Vice Mayor Furtado and Councilwoman Monroe voting against the motion. EAR WORKSHOP City Planner Marty Minor reviewed development within the City over the past five years, and expressed the opinion that further discussions with South Florida Water Management District and Northern Palm Beach County Improvement District were needed regarding canal operations. Principal Planner Kim Glas- Castro reported that annexation was the strategy planned for compliance with affordable housing, and explained that affordable was defined as not spending more than 300 of one's income on housing. Ms. Glas- Castro recommended that no new mobile homes be permitted within the City because of their wind vulnerability, even though they could be classified as affordable CITY COUNCIL REGULAR MEETING, 4/4/96 CONSENT AGENDA PAGE 7 housing. Vice Mayor Furtado discussed the current safety requirements for a mobile home park. Ms. Glas- Castro commented regarding land use mix guidelines, stating that the vision would provide units for projected population plus 20% surplus for market competition, and pointed out land which would be considered wetlands. Ms. Glas- Castro reported that implementation strategies recommended by the Blue Ribbon Committee were (1) that the Blue Ribbon Committee did not agree with the Education Committee's endorsement of school concurrency, but did agree that the school district should be divided into smaller districts; and (2) wanted the City to conduct a traffic study to determine a way to eliminate ghost trips. Ms. Glas- Castro commented that those mobile homes in existence could be grandfathered in and then phased out, and that level of service needed to be reevaluated to reduce costs. Vice Mayor Furtado announced that resident Sam Carsillo was scheduled for emergency surgery the next day and that Sy Fine had emergency surgery and was doing well. Councilman Clark made a motion to approved the Consent Agenda as submitted. Councilman Jablin seconded the CITY COUNCIL REGULAR MEETING, 4/4/96 PAGE 8 motion, which carried by 5 -0 vote. The following items were approved on the Consent Agenda: 1. Approval of Minutes of 3/14/96 City Council Workshop Meeting. 2. Approval of Minutes of 3/21/96 City Council Regular Meeting. 3. Resolution 51, 1996 - Consideration of Approval of Entry feature and signage for BallenIsles Northlake Boulevard entrance. 4. Resolution 58, 1996 - Consideration of Approval to support House Bill 107 entitled "Lottery Accountability Act of 1996 ". 5. Resolution 59, 1996 - Consideration of approval of an amendment to the Site Plan for Parcel M -31B, Grand Cay, PGA National DRI, re" Fountain Elimination. 6. Resolution 61, 1996 - Consideration of Approval to authorize staff to communicate to Northern Palm Beach County Water Control District the desire to change the speed limit on Avenue of the Masters within the PGA National DRI. 7. Resolution 62, 1996 - Consideration of approval of the Plat for BallenIsles Pod 9. CITY COUNCIL REGULAR MEETING, 4/4/96 PAGE 9 B. Resolution 65, 1996 - Consideration of Approval of the Plat for BallenIsles Pod 19b. PUBTTC HEARINGS: ORDINANCE 29, 1995 Mayor Russo declared the Public Hearing open, which was duly advertised 12/25/95, recessed from 1/4/96 and 2/1/96 regular meetings for consideration of Second reading and adoption of Ordinance 29, 1995 - Amending Section 159.029 of the Palm Beach Gardens Code Land Development Regulations (Effective Period of Development Orders). There being no comments from the public, Vice Mayor Furtado made a motion to recess the Public Hearing to May 2, 1996. Councilman Clark seconded the motion, which carried by unanimous vote of 5 -0. RESOLUTION 28, 1996 Mayor Russo declared the Public Hearing open, which was duly advertised 3/15/96, postponed from the 3/21/96 meeting, and held on the intent of Resolution 28, 1996 - Consideration of approval of a Planned Unit Development for Professional Office buildings at Damerau Office Park, for consideration of approval. There being no comments from the public, Vice Mayor Furtado made a motion to recess the Public Hearing to May 2, 1996. Councilman Jablin seconded the motion, which carried by unanimous vote of 5 -0. CITY COUNCIL REGULAR MEETING, 4/4/96 PAGE 10 RESOLUTIONS: RESOLUTION 45, 1996 Vice Mayor Furtado made a motion to approve Resolution 45,1996 - Consideration of Appointments /Reappointments to the Fire Fighters Pension Board, with the name of Kenneth Altman inserted into the blank. Councilman Clark seconded the motion, which carried by unanimous vote of 5 -0. RESOLUTION 63, 1996 Planning and Zoning Director Walton reviewed the staff report dated 3/26/96 regarding Resolution 63, 1996 - Consideration of Approval of amendment to Site Plan for BallenIsles Military Trail Entry Feature. Nader Salour, agent for the Petitioner, provided additional information. Councilman Clark made a motion to approve Resolution 63, 1996. Councilman Jablin seconded the motion, which carried by 5 -0 vote. ORDINANCE 6, 1995 Ordinance 6, 1996 - Amending Ordinance 30, 1989, the Lake Catherine PUD, to allow the gate system at the secondary entrance to Lake Catherine Drive, off of Silverthorne Road, to remain permanently closed, was presented for discussion before consideration of First Reading. Planning & Zoning Director Walton provided background information regarding the gate system, and explained staff concerns. City Engineer Lindahl expressed concern that closing the gate would impact CITY COUNCIL REGULAR MEETING, 4/4/96 PAGE 11 traffic since only one entrance /exit would remain, and an additional 700 trips per day would be added to MacArthur Boulevard. The City Engineer commented that the issue was a social problem rather than an engineering problem. Vice Mayor Furtado explained that a very serious problem existed with students using the gate and congregating in the area, and that the police were called to the area every day. Other Councilmembers expressed concerns. Resident Bill Kelly commented that a concrete turn around had already been installed for traffic; expressed his opinion that most residents used the front entrance; commented that The Oaks had hundreds more units with only one entrance /exit; and that identical units at The Oaks were valued higher than those in the Lake Catherine development because of the greater sense of security in that area. Mr. Kelley expressed his opinion that property rights equated to reasonable expectations of security and peace of mind, and explained that a majority vote of the community had been to close the gate. Fred Giefry agreed with Mr. Kelley's comments and explained that for a short time when the gate had been closed that there were no problems with the students, and elaborated on the CITY COUNCIL REGULAR MEETING, 4/4/95 PAGE 12 problems which residents had experienced with the students. One resident of Lake Catherine stated he wanted the gate left open, that during the time the gate had been locked the kids came over the wall, and informed the City Council that the majority vote of the homeowners had only been a 4 -vote difference in those voting for and against the matter. Another resident commented that there were no residents present at this meeting from the Bedford Homes section of the development and reported that kids came over the wall and planted a bomb in that area. She suggested that bougainvillaea be planted to cover the wall, and that the existing flexible gate material be changed so that it would not be flexible. She also reported that kids had stolen clickers which would open the gate. Mayor Russo suggested that since all residents were not in favor of closing the gate that it be closed for a temporary period of time see if that solved the problem. A letter which had been distributed to all residents that explained new policy and procedures to prevent trespassing had been adopted and was read to the Council by Mr. Kelly. It was the consensus of the CITY COUNCIL REGULAR MEETING, 4/4/96 PAGE 13 City Council that the gate should be closed for a 9- month test period. Mayor Russo explained that this matter would be presented again at a public hearing and that the residents would be notified. CRALLS DESIGNATION Mayor Russo verified that the City Council intended ITEMS FOR COUNCIL ACTION: HOLLY DRIVE CHANGE ORDER ITEMS FOR DISCUSSION: NORTHCORP PCD AMENDMENT the earlier action on the CRALLS designation for Military Trail and that it was the consensus of the City Council that no designation was made for Northlake Boulevard. City Engineer Lindahl recommended a change order for the Holly Drive project. Councilman Clark made a motion to approve the change order as proposed by staff. The motion was seconded by Vice Mayor Furtado, and carried by unanimous 5 -0 vote. No representative for the Petitioner was present at the meeting. Donna Hulischer, President and CEO of Stayin' Alive Fitness Center in NorthCorp, explained how the City's requirements for the PCD affected her business; explained that Resolution 118 passed in 1995 concerning satellite dish installation had impacted her business and affected the safety and security of CITY COUNCIL REGULAR MEETING, 4/4/96 PAGE 14 Palm Beach Gardens residents who utilized her facility; and distributed aerial photographs to illustrate the landscape of the area. Ms. Hulischer explained that landscaping provided areas for thieves to hide to observe her patrons parking their cars and to rob them while the people were in the fitness center; that street lighting along East Park Drive was very inadequate; that with the alignment of East Park Drive and the buffer for landscaping required by City code that her business could lose 600 of the existing parking spaces; that the crosswalk was a major problem since cars did not slow for pedestrians. Ms. Hulischer suggested a pedestrian overwalk over East Park Drive to the east parking lot, and requested that the City Council read Resolution 118, 1995 in light of the information she had presented. During the ensuing discussion it was pointed out that a master plan was needed showing parking, sidewalks, landscaping, etc., for the whole PCD. CITY MANAGER REPORT Assistant City Manager Dunham reported that Seacoast Utilities had issued boil water orders for two sections of the City, one of which was the result of a broken water main and the other because of a new valve installation, and that City Hall had not been CITY COUNCIL REGULAR MEETING, 4/4/96 PAGE 15 notified, CITY ATTORNEY REPORT City Attorney Baird provided an update regarding current cases. ITEMS BY MAYOR AND CITY COTTNCTT : COUNCILWOMAN MONROE VICE MAYOR FURTADO COUNCILMAN CLARK Councilwoman Monroe complimented staff on their timely research regarding the possibility of an equestrian community, reported that a member of the MacArthur Foundation was enthused, and requested that staff be authorized to set up a meeting with the three property owners and members of the community who had ideas to contribute. Vice Mayor Furtado requested the following items be placed on the agenda for the next meeting: 1. Update on The Sanctuary. 2. Background checks. 3. Task Force update. 4. Presentation by representatives of the Trucking Association regarding better utilization of I -95. 5. Decision on the Education petition matter. Councilman Clark reported that the Loxahatchee Council of Governments made a decision to bring in outside help to determine how their organization could become more active and effective. At their meeting he had learned that some local municipalities had been CITY COUNCIL REGULAR MEETING, 4/4/96 PAGE 16 communicating with the School Board regarding using local police to help provide security at schools, although some cost would be involved. Vice Mayor Furtado commented that the police were already involved when school crossing guards did not show up for work since the crossings could not be unmanned. MAYOR RUSSO The Mayor reported that the Municipal League had agreed to support school concurrency and that they believed sales tax to be the appropriate method for funding. COUNCIL LIAISONS It was the consensus of the City Council that liaisons to various boards remain the same as for the previous year. CITY COUNCIL REGULAR MEETING, 4/4/96 PAGE 17 ADJOURNMENT There being no further business to discuss, motion was made by Councilman Clark, seconded by Councilwoman Monroe, and unanimously approved to adjourn the meeting at 11:1 P.M. APPROVAL MAYO JOE RUSSO VICE MAYOR LAUREN FURTADO COUNCILWOMAN LINDA MONROE COUNCILMAN ERIE JABLIN C/- COUNCILMAN DAVID CLARK ATTEST: LINDA V. KOSIER, CMC, CITY CLERK PROCLAMATION WHEREAS, Water is one of the few basic and essential needs of mankind, and WHEREAS, the State of Florida is blessed with an abundance of this essential element, and WHEREAS, the State of Florida has considered the health, the environment, and the social impact in ensuring that facilities and systems provide citizens a safe, dependable quality and quantity of water both now and for future needed, which we all take for granted, and WHEREAS, dedicated men and women have made significant contributions in developing, operating, and maintaining these systems, NOW THEREFORE, 1, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby set aside and proclaim May 6 - 13, 1996 as DRINKING WATER WEEK in Palm Beach Gardens, and urge all citizens to recognize the contributions of the many utilities employees and the American Water Works Association for their dedication to this same end for over one hundred years. IN WITNESS WHEREOF,1 have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed this 18th day of April in the year of our Lord one thousand nine hundred and ninety six. A i rEST: LINDA V. KOSIER, CITY CLERK MAYOR JOSEPH R. RUSSO Seacoast Utility Authority MP ,O ,: Palm Beach Gardens, Florida 33410 -9602 EXECUTIVE OFFICE February 28, 1996 L NDA KOSIER, CITY Ct.F.RK CITY OF PALM BEACH GARDENS 10500 NO M1i,ITARY TR PALM BEACH GARDENS FL 33410 -6434 Dear Ms. Kosier: Once again, we are approaching the American Water Works Association's (AWWA) nationally proclaimed "Drinking Water Week ". This letter i4 to request a Proclamation from the City of Palm Beach Gardens in observation of this year's event, May 6 -11. We at Seacoast want you to know that we appreciate your past support and interest in 'Drinking Water Week ", it has meant a great deal to us. Many Palm Beach Gardens residents have participated in and supported our ongoing efforts to implement water conservation awareness. We hope the City of Palm Beach Gardens will support us again this year in making this a meaningf d event in our community Sincerely, SEACOAST UTILITY AUTHORITY aJ-4�az-� Andrea Pauley Director of Adminismative Services /dsh cc: Rim Bishop, Executive Director 4200 Hood Road, Palm Beach Gardens, %ride 33410 -2198 Phone: Customer Service 1407) 627 -2920 / Executive Office (407) 627 -2900 / FAX # (407) 624 -2839 PROCLAMATION WHEREAS, the Office of the Municipal Clerk, is a time honored and vital part of local government exists throughout the world, and WHEREAS, the Office ofthe Municipal Clerk is the oldest among public servants, and WHEREAS, the Office ofthe Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of govemment at other levels, and WHEREAS, the Municipal Clerk has pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all, and, WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community, and WHEREAS, the Municipal Clerk continually strives to improve the administration of the affairs ofthe Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations; and WHEREAS, it is most important that we recognize the accomplishments ofthe Office ofthe Municipal Clerk NOWTHEREFORE, I, Joseph R Russo, by virtue ofthe authority vested in me as Mayor ofthe City of Palm Beach Gardens, Florida, do hereby set aside and proclaim May 5 -11, 1996 as MUNICIPAL CLERKS WEEK in Palm Beach Gardens, and urge all citizens to recognize the vital services they perform and their exemplary dedication to the communities they represent I7V OnWESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed this 18th day of April in the year of our Lord one thousand nine hundred and ninety -six. MAYOR JOSEPH R RUSSO ATTEST- LINDA V KOSIER, CITY CLERK