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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
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