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HomeMy WebLinkAboutMinutes Council 021695ROLL CALL ANNOUNCEMENTS PREUNTATIONS PALM BEACH GARDENS WOMEN'S CLUB LAKE CATHERINE UPDATE CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS FEBRUARY 16, 1995 The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Vice Mayor Monroe 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. The Deputy City Clerk called the roll and present were Vice Mayor Monroe, Councilman Russo, and Councilwoman Furtado. Mayor Clark was absent from the meeting. Councilman 3ablin arrived at 7:37 P.M. Vice Mayor Monroe stated that the announcements were as posted on the City's Bulletin Boards. Barbara Thompson, President of the Palm Beach Gardens Women's Club accepted an achievement plaque for the Club's outstanding contribution to the City's beautification by planting numerous trees, flowers and bushes. City Manager Bobbie Herakovich reported that concerns of the residents of the Lake Catherine development were increased traffic on a poorly designed CITY COUNCIL REGULAR MEETING, 2/16/95 PAGE 2 roadway, insufficient parking, vandalism, noise, and lights from evening games. To address their concerns, the City Council had placed a 9 P.M. curfew on games, and instructed staff to study alternate designs for MacArthur Boulevard, mitigation efforts, and parking; however, Donnie Brown and Sun Terrace Homeowners Association had filed a lawsuit which although it was recently dismissed, the status of the issue was still unclear. City Attorney Baird advised that the residents might litigate again to try to bring action against starting construction of the light towers. It was the consensus of the City Council not to spend tax dollars on litigation unless required in defense, to wait two weeks to see what happened, and to try to speak with the new President of Sun Terrace Homeowners Association, Cathy Hetzel. ITEMS BY MAYOR AND CITY COUNCIL: COUNCILMAN RUSSO Councilman Russo announced that Robert Frelich would make a presentation to the Municipal League next Wednesday afternoon to discuss planning issues related to the cities and to the County. Councilman Russo expressed concern of the possibility of voter fraud due to a West Palm Beach law effective this year allowing homeless people to vote in elections since there was no way to check that the homeless people actually lived in the city. Councilman Russo requested a status report from Mr. Dubin regarding the golf course operation, and a report regarding how the interlocal agreement with Tequesta through NAMAC worked. CITY COUNCIL REGULAR MEETING, 2/16/95 PAGE 3 COUNCILWOMAN FURTADO Councilwoman Furtado commended the police officer who was recognized as Officer of the Year. Councilwoman Furtado reported from a recent MPO meeting that Palm Beach Gardens was slated for noise barrier walls along I- 95 but that no funding was available, and she had suggested that businesses adopt a section of highway to plant trees as a temporary barrier for residential areas until funding carne about. Other issues raised by Councilwoman Furtado were the need for sidewalks in the older sections of the city to allow children to stay off the roads, and any small vacant parcels that could be designated as neighborhood parks. City Manager Herakovich responded to Councilwoman Furtado that the business survey was progressing with the help of FAU, that suggestion boxes were being constructed for City Hall and for the Fire Department, and that a recognition program was being set up. VICE MAYOR MONROE City Manager Herakovich responded to Vice Mayor Monroe that plants for the PGA Boulevard landscaping would be installed in approximately two weeks. COMMENTS FROM THE PUBLIC: Rebecca Cassilly Rebecca Cassilly stated that she spoke for herself and her neighbors in Crystal Point development in objection to a chain link fence proposed to be erected between their development and The Sanctuary, and requested an extension of the deadline to erect the fence to allow time to prepare a new site plan acceptable to all involved parties. CITY COUNCIL REGULAR MEETING, 2/16/95 PAGE 4 George Topal Mr. Topal, President of Crystal Point Homeowners Association, stated that the Association had unanimously voted not to grant a time extension to Pulte Homes for erection of the fence, and reviewed the reasons for that vote. Mr. Topal requested that the height of the fence be raised from 4 feet to 6 feet. Discussion ensued, and Councilman Russo urged the opposing residents to work with the homeowner's association since the City Council could not become involved in this issue. Vice Mayor Monroe verified that there had been sufficient notice to all nearby residents, and that changing the height of the fence was up to the homeowners association and Pulte Homes Corporation. Harold Dearden Mr. Dearden, one of the affected residents, expressed his position that a 6- foot fence would give the feeling of being imprisoned, and asked what could be hurt by granting an extension to allow time to work with the homeowners' association. It was the consensus of the City Council to grant a 30 -day extension if the homeowners' association requested the 30 -day extension in sufficient time before the March 1 deadline. CONSENT AGENDA: Councilwoman Purtado made a motion to approve the Consent Agenda as submitted. Councilman Russo seconded the motion. The motion carried unanimously. The following items were approved on the Consent Agenda: 1. Proclaiming March 5 - 11, 1995 as "Save Your Vision Week ". 2. Proclaiming the month of March as "Red Cross Month ". 3. Resolution 20, 1995, authorizing the Mayor and the City Clerk to CITY COUNCIL REGULAR MEETING, 2/16/95 PAGE 5 execute an employment agreement between the City and the PBA for the 1994/1995 and 1995/1996 Fiscal Years for police lieutenants employed by the City. 4. Resolution 21,1995 - Approval of Plat of the Medical Mall at Palm Beach Gardens Plat One. RESOLUTION$ : RESOLUTION 149, 1994 Resolution 149, 1994- Consideration of Approval of a partial release of utility easement for Villa D'Este. Motion was made by Councilwoman Furtado to approve Resolution 149, 1994. Councilman Russo seconded the motion, and unanimously carried. RESOLUTION 9, 1995 Resolution 9, 1995 - Consideration to Appointments of members to the Board of Trustees of the Firemen's Retirement Trust Fund. It was the consensus of the City Council to delay consideration of this Resolution for two weeks in order to find another qualified person willing to serve on this Board. RESOLUTION 18, 1995 Motion was made by Councilwoman Furtado to approve Resolution I8, 1995 - Consideration to Request the Metropolitan Planning Organization to Support the Urban Interchange. Motion was seconded by Councilman Russo and unanimously carried. RESOLUTION 19, 1995 After introduction by the City Manager and comments by Fran Chase, representative of Goodwill Industries, Vice Mayor Monroe requested that "Exhibit A" be added to the graphic and that the hours of operation be included in the Resolution. Motion was made by Councilwoman Furtado to CITY COUNCIL REGULAR MEETING, 2/16/95 PAGE 6 approve Resolution 19, 1995 — Consideration of Approval of a Temporary Trailer for use by Goodwill. Motion was seconded by Councilman Russo and unanimously carried. ORDINANCES: ORDINANCE 4, 1995 Upon motion by Councilwoman Furtado, seconded by Councilman Jablin and unanimously carried, the Deputy City Clerk read, on first reading, Ordinance 4, 1995 — Repealing Section 93.26 of the Palm Beach Gardens Code of Ordinances, "Permit Required for Certain Hazardous Conditions Which May Be Hazardous" of Chapter 93 "Fire Prevention" and creation of a new Section 93.26 to be entitled "Fire Code Inspection and Special Details Fee Schedule ". Staff was requested to determine whether language was needed regarding the possibility of an inspection when no building permit was needed and whether the inspection requirements were consistent with OSHA and other agencies' requirements. ITEMS FOR COUNCIL ACTICiV: PURSUIT VEHICLE AUTHORIZATION Motion was made by Councilman Jablin to authorize expenditure of $108,594.85 for the purchase of seven Chevrolet Caprice pursuit vehicles. Motion was seconded by Councilman Russo and unanimously carried. BALLFIELD LIGHTING FOR GARDENS PARK Motion was made by Councilman Russo to approve the staff recommendation to expend additional funds above the $25,500 from the Recreation Fund previously approved to improve lighting at Gardens Park. Motion was seconded by Councilman Jablin and unanimously carried. CITY COUNCIL REGULAR MEETING, 2/16/95 PAGE 7 BRAVES STADIUM FUNDING After discussion, it was the consensus of the City Council not to appropriate $20,000 per year for 20 years to help finance the Braves Stadium in Jupiter and that a better use of the funds would be to fund recreation facilities within the City. ITEMS FOR DISCUSSION: NORTHLAKE BOULEVARD LEVEL OF SERVICE City Manager Herakovich explained that this item was before the City Council to give staff direction regarding the position they should take at the Board of County Commissioners meeting on 2/21/95 regarding lowering the level of service for Northlake Boulevard. Planning and Zoning Director Richard Walton explained that going below the State's adopted level of service could only be done temporarily with improvements in place and a projected date to resume the former level, and that response to his inquiries to the County had been that no improvements were currently planned by the County to accomplish this. Councilwoman Furtado commented that a north— south corridor was needed, but that present plans would dump traffic at Northlake Boulevard. Councilman Jablin expressed concern that the reliever road from Lake Park to Military Trail might not truly relieve the traffic on Northlake Boulevard, and Councilman Russo expressed concern that traffic performance standards would not be adhered to. Vice Mayor Monroe stated her opinion that the City was not carrying land use planning far enough since the last parcels to be developed would suffer. Councilwoman Furtado stated the need for a map encompassing all forms of transportation which would CITY COUNCIL REGULAR MEETING, 2 /16/95 PAGE 8 show the final effect of all the roads planned for the future. It was the consensus of the City Council to send a letter to the Palm Beach County Board of County Commissioners stating that Palm Beach Gardens was opposed until all options could be considered and therefore requested delay of this item to obtain more information, to allow all affected municipalities to meet for discussion in the spirit of intergovernmental coordination, and to address the issue of temporary reduction of the level of service. The City Attorney advised the City Council that they needed to take the necessary steps to create the standing to object to the amendments of the Comprehensive Plans of involved municipalities and of the County in relation to this issue. NORTHCORP PCD ISSUES Planning and Zoning Director Richard Walton provided background on the existing PCD and explained that existing flaws in the approved Northcorp PCD document had created problems and requested direction for staff in regard to interpretation of the language referring to the designated industrial land use but allowing 59c, to 10% of other uses for serving the industrial development; and also requested that the portions of Ordinance 1, 1990 which were confusing be rewritten. Attorney Dominick Lioce provided background on the PCD document from his experience on the Planning and Zoning Commission at the time that document was created, and provided his interpretation of the amount of retail use allowed. Mr. Lioce suggested that all uses listed in #21 of Ordinance 1, 1990 were true retail uses which should CITY COUNCIL REGULAR MEETING, 2/16/95 PAGE 9 be subject to the 5% and 10% rules except health club, hotel /motel, art gallery /museum, day care center, fraternal organization, and commercial recreation. Mr. Lioce stated for the record that it was impossible for them to build the entire park as a corporate park because of traffic limitations imposed by the County. John Tiffany, Leasing Agent for Northcorp, explained that tenants demanded exclusivity, therefore there would be no problem in limiting each of the five uses above to one each; pointed out that the 1990 definition of industrial was quite different than several years ago; and explained that the price was too high for true industrial firms to locate within Northcorp. It was the consensus of the City Council that Mr. Lioce would work with Planning and Zoning Director Walton to formulate a solution to be recommended to the City Council. CITY MANAGER City Manager Herakovich announced that Palm Beach Gardens and Jupiter would host the national girls' softball tournament this spring. March 18 was tentatively set as the date for the Volunteer Recreation Breakfast. The City Manager reported that staff continued to meet with Jupiter staff regarding the Abacoa DRI; and that a draft of the next City Newsletter had been prepared. CITY AaORN City Attorney Baird reported the status of the DeLuca, Byrd, and Erbacher cases. ADJOURNMENT There being no further business to discuss, motion was made by Councilman Russo, seconded by Councilwoman Furtado, and unanimously approved to adjourn the meeting at 9:36 P.M. CITY COUNCIL REGULAR MEETING, 2/16/95 APPROVAL MAYOR DAVID "CLARK WCE`MAYO LAVA MONROE 1:111.X1117 COUNC RIC J IN COUNCILWOMAN LAUREN FURTADO ATTEST: CINDY HALEY, DEPUTY CITY/CLERK PAGE 10