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