HomeMy WebLinkAboutMinutes Council 030295CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
MARCH 2, 1995
The Regular Meeting of the City Council of the city of
Palm Beach Gardens, Florida, was called to order by
Mayor Clark 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.
ROLL CALL The City Clerk called the roll and present were Mayor
Clark, Vice Mayor Monroe, Councilman Russo, Councilman
Jablin and Councilwoman Furtado.
ANNOUNCEMENTS Mayor Clark stated that the announcements were as
posted on the City's Bulletin Boards.
PRESENTATIONS
CHIEF FITZGERALD Police Chief FitzGerald thanked the City Manager,
Mayor and City Council for their support of the Police
Department, and announced that he would officially
receive national accreditation certificates for the
Palm Beach Gardens Police Department in Virginia in
the near future. Chief FitzerGerald presented the City
Manager and Council Members with a plaque of
appreciation.
ITEMS BY MAYOR AND
CITY COUNCIL:
COUNCILWOMAN FURTADO Councilwoman Furtado reported the formation of a
Citizens Advisory Committee which would report input
from citizens to the MPO regarding various
transportation programs and requested that the names
of interested persons be submitted.
VICE MAYOR MONROE
Vice Mayor Monroe reported she had met with the
Department of Transportation regarding a long -range
plan for an interstate highway system expansion of
Beeline Highway to the City of Okeechobee, and
requested the names of key people in neighborhoods
along the expansion route.
COUNCILMAN RUSSO
Councilman Russo thanked those responsible for
bringing Wackenhut to Palm Beach Gardens.
COUNCILMAN JABLIN
Councilman Jablin reported that the Education Advisory
Board had discussed the Abacoa project's impact to
education and would meet with the Jupiter Mayor and
Planning Department along with Palm Beach Gardens'
Planning Department to discuss what developers are
contributing for schools, and to establish
communication between Jupiter's Education Committee
and our City's Education Advisory Board. Councilman
Russo suggested that a School Board representative
should be included in that meeting. Vice Mayor Monroe
reported a good working relationship with Jupiter's
Mayor and staff at a recent meeting. It was agreed
that the City Manager would contact the Jupiter Mayor
to set up the meeting.
MAYOR CLARK
Mayor Clark reported he had received a letter from
Clay Shaw announcing that he and his staff would hold
CITY COUNCIL REGULAR MEETING. 3/2/95
a Community Outreach Meeting at Palm Beach Community
College on March 16, and invited those interested to
attend. Mayor Clark also reported he had been
approached by the Director for Cultural Affairs from
the Mayor's office in the city of Newton,
Massachusetts who wished to establish an informal
sister city relationship to work together to see if
there were ways to help each other with expansion of
ideas, beautification, cultural events, etc.
CONSENT AGENDA: Councilwoman Furtado made a motion to approve the
Consent Agenda as submitted. Councilman Jablin
seconded the motion. During discussion, Vice Mayor
Monroe verified that this action would leave the
defined contributions retirement plan open for further
questions at a later date. The motion carried
unanimously. The following items were approved on the
Consent Agenda:
1. Approval of Minutes of 1/26/95 City Council
Special Regular Meeting.
2. Approval of Minutes of 2/2/95 City Council
Regular Meeting.
3. Approval of Minutes of 2/9/95 City Council
Workshop Meeting.
4. Proclaiming March 6, 1995 as "National Clergy
CITY COUNCIL REGULAR MEETING, 3/2/95
PAGE 4
Week ".
5. Approval of Defined Contributions Retirement
Plan.
6. Resolution 21, 1995 - Amending 94.40 of
chapter 94 of Title IX: General Regulations
of the Palm Beach Gardens Code, amending the
amount of Interim Service and Facilities Fee.
7. Resolution 22, 1995 - Approval Agreement with
Horseshoe Acres Club, Inc.
8. Resolution 23, 1995 - Consideration to support
legislation pending before the U.S. Congress
to reform the Safe Drinking wWater Act.
9. Resolution 24, 1995 - Approval of Sunset Bay
Plat One, BallenIsles PCD.
10. Resolution 27, 1995 - Consideration of
Revision to authorized signatures re; wire
transfers.
11. Resolution 28, 1995 - Ratifying and Approving
an Employment Agreement between the City and
S.E.I.U. for Fiscal Years.
RESOLUTIONS:
6, 1995 Resolution 16, 1995- Consideration of Approval of Good
Samaritan /St Mary's Health Care Pavilion Sign Package.
Ron Kolins requested consideration of signage for the
southeast elevation along the top band of the building
CITY COUNCIL REGULAR MEETING, 3/2/95
PAGE 5
as had been granted for the Mediplex Building. The
members of the City Council preferred that the sign be
at the lower height proposed over the windows.
Councilman Russo stated that the petitioner could
return with a different sign proposal in the future.
Mr. Kolins commented either the petitioner or the
MacArthur Foundation would be requesting directional
signs. Vice Mayor Monroe commented that this action
would in no way affect the MacArthur Foundation's sign
package. Consensus of the City Council was in favor
of the 24 -inch letters at the lower location and that
this resolution would be placed on the consent agenda
at the next City Council meeting after amended
drawings were submitted by the petitioner.
RESOLUTION 26, 1995 Resolution 26, 1995 - Consideration of Approval for
Paint Colors for R. J. Gators. Planning and Zoning
Director Walton submitted pictures showing the colors
that the petitioner had painted the building.
Councilwoman Furtado made a motion to approve
Resolution 26, 1995. Motion was seconded by
Councilman Jablin. Motion carried 5 -0.
RESOLUTION OF THE CITY COUNCIL SITTING AS LANDSCAPE COMMITTEE OF ADJUSTMENTS:
RESOLUTION 25, 1995 Resolution 25, 1995 - Consideration of Approval of
landscape variance for Church in the Gardens.
Planning and Zoning Director Walton explained the
CITY COUNCIL REGULAR MEETING, 3/2/95
PAGE 6
petitioner's request for a five foot wide landscape
strip between the Church's eastern parking lot and
Dasheen Avenue, and no landscape strip between the
Church's western parking lot and I -95 in order to keep
the parking spaces needed for the Church and and
required by the City. He explained that the
petitioner was also currently proceeding with a Site
Plan review request for 30 additional parking spaces,
therefore, Staff's recommendation was to approve the
variance for the landscape strip adjacent to I -95 with
the addition of two additional landscape islands and
four additional trees, but to require that the Site
Plan include the required 15 -foot buffer along Dasheen
Avenue, which would eliminate four parking spaces from
the proposed site plan. Pastor Sempsrott explained
that a large attendance necessitated expansion of the
church. Barbara Brodbeck, 3942 Flag Drive, stated she
believed the church was impeding upon her property,
protested against the trees proposed for removal, and
stated she would like to work with the church. A
church member commented that the church wanted to save
as many trees as possible. Petitioner agreed to work
out any problems with the neighbors. Motion was made
by Councilwoman Furtado to approve Resolution 25, 1995
with one additional landscape island and four
CITY COUNCIL REGULAR MEETING, 3/2/95
ORDINANCES:
ORDINANCE 2, 1995
ORDINANCE 4, 1995
PAGE 7
additional trees to be installed along the interstate
95 property line. Motion was seconded by Councilman
Jablin and carried 5 -0.
Mayor Clark opened the Public Hearing, which was duly
advertised 2/15/95 and held on the intent of Ordinance
2, 1995, amending Ordinance 14, 1994 which created the
Education Advisory Board by amending Section 32.23(5)
by adding Allamanda Elementary School. City Attorney
Baird advised that Councilman Jablin's request to
increase the number of members to 15 would need to be
considered in a second amendment. There being no
comments from the public, Mayor Clark declared the
Public Hearing closed. Upon motion by Vice Mayor
Monroe that Ordinance 2, 1995 be placed on second
reading by title only and approved, seconded by
Councilman Russo and unanimously carried, the City
Clerk read, on second reading, Ordinance 2, 1995.
Mayor Clark opened the Public Hearing, which was duly
advertised 2/15/95 and held on the intent of Ordinance
4, 1995, repealing Section 93.26 of the Palm Beach
Gardens Code entitled "Permit Required for Certain
Hazardous Conditions which may be Hazardous" of
Chapter 93, entitled "Fire Prevention" by creating a
new Section 93.26 to be entitled "Fire Code Inspection
CITY COUNCIL REGULAR MEETING, 3/2/95
-1- D
and Special Details Fee schedule ". There being no
comments from the public, Mayor Clark declared the
Public Hearing closed. Upon motion by Vice Mayor
Monroe that Ordinance 4, 1995 be placed on second
reading by title only and approved, seconded by
Councilwoman Furtado and unanimously carried, the
City Attorney read, on second reading, Ordinance 4,
1995.
COMMENTS BY THE
PUBLIC
Jeff Lis Jeff Lis requested that action be taken to revise the
City Code regarding bonding requirements for on -site
commercial development improvements of paving,
drainage, sewer water, and landscaping. Mr. Lis
explained that originally bonding was needed to insure
infrastructure on lots purchased in residential
subdivisions; however, that it was an unnecessary,
expensive requirement for commercial industrial
developments since in the event of default the City
could not go onto that property to complete the
infrastructure. Councilman Russo commented there
would be a need for bonding in a whole commercial
industrial subdivision, with which Mr. Lis agreed. It
was the consensus of the City Council that a draft
ordinance be prepared to be included with a staff
review.
CITY COUNCIL REGULAR MEETING, 3/2/95 PAGE 9
ORDINANCE 1, 1995 Mayor Clark declared the Public Hearing open, which
was duly advertised 1/18/95, recessed from Regular
Meeting of 2/2/95 and held on the intent of Ordinance
1, 1995 - Rezoning 734 Acres of land to Planned
Community District, permitting a use to consist of 365
dwelling units and a 21 -hole golf course. Gary
Brandenburg, agent for the petitioner, discussed
fiscal analysis for the project and stated that the
park site contribution should be allocated over a
wider base within the City, proposing a lower number
of full -time police and fire personnel being phased in
over a longer period, allowing a positive cash flow
for the City almost immediately. Mr. Brandenburg
stated that backup had been provided showing the
closest distance from the end of the north airport
runway as 1.75 miles away from Gardens Country Club,
outside the 65 LDN, and stated that petitioner still
agreed to the Pratt Whitney disclosure statement. Mr.
Brandenburg reported all environmental agencies had
met with the City's consultants and petitioner's
consultants, which had resulted in an agreement to
widen one area of the wildlife corridor to a 200 -foot
depth near the golf course maintenance facility.
Linda Hughey, 9120 Reed Drive verified that the Police
Department would be responsible for crimes in the
CITY COUNCIL REGULAR MEETING, 3/2/95
PAGE 10
development rather than private security and expressed
concern that because of the remote location that
adequate emergency services could not be provided.
Bruce Pelle, Director of Department of Airports for
Palm Beach County, read from the agreement between the
City and the County, "Palm Beach County and the
community of Palm Beach Gardens will act to keep those
areas between PGA National Resort Community and the
proposed aviation facility in a land use category
compatible with aircraft operation." Councilman
Russo verified with Mr. Peale that his letter to the
City had stated that by approving this project the
City would not be in breach of that agreement. There
being no further comments from the public, Mayor Clark
declared the Public Hearing closed. Councilwoman
Furtado expressed the following concerns: that she
would want the park developed immediately if the
project were approved, that she would like to see a
Comprehensive Plan amendment reflecting a level of
service to protect rural components of the City in the
future, that this project would be located outside of
the 65 LDN contour, that possible diverting of funds
from other City funds to provide the extension of
services to that area might be necessary, that she
believed wildlife corridor concerns had not been fully
CITY COUNCIL REGULAR MEETING, 3/2/95
PAGE 11
answered, and that she personally would like to see
the outcome of the County's case before making a
decision. Councilwoman Furtado requested a comparison
of the 1980 County Comprehensive Plan and the City's
Comprehensive Plan. Councilman Russo commented that
fire and police services could be contracted for the
development and Mr. Brandenburg responded that he
agreed and believed that the response time did not
need to be the same as in the rest of the City. Mr.
Brandenburg felt that the City's Comprehensive Plan
already had tiered levels of service since residents
living nearer to the fire and police stations received
shorter response times than those living farther out.
City Attorney Baird stated that he did not agree with
Mr. Brandenburg's analysis of tiered levels of
service, but agreed that the Comprehensive Plan did
establish an average level of service. Further
discussion of levels of service and response times
ensued. Vice Mayor Monroe pointed out that tax
dollars generated by the project would apply to all
City expenses not just to fire and police services amd
received clarification from Mr. Brandenburg that the
Fire Department was expected to respond immediately to
any alarms but as soon as the situation was determined
to be a false alarm by the private security firm that
CITY COUNCIL REGULAR MEETING, 3/2/95
PAGE 12
dispatch would be notified to cancel the call. Vice
Mayor Monroe pointed out that services needed to be in
place even during construction. Vice Mayor Monroe
received clarification from City Attorney Baird that
in his opinion the fact that the Circuit Court Judge
had stated that the City must abide by the 1980
Comprehensive Plan was relevant only as it applied to
density, and that he believed the 1980 Plan was
relevant according to Section 2 of the agreement.
Attorney Baird stated that the City Council needed to
make a finding of consistency based upon the Council's
determination as to what provisions of the 1980 County
Comprehensive plan applied and what provisions of the
City's Comprehensive plan applied. Mr. Brandenburg
pointed out that the vested rights agreement allowed
the City to use their Comprehensive plan except for
vested density and location. The fire sprinkler
system was discussed. Councilman Jablin verified with
Kim Glas that the Seacoast Utility agreement would
have to be renewed annually. During a discussion of
possible future litigation, Mr. Brandenburg stated he
had been authorized by Mr. Cordani to inform the City
Council that if they approved the project and a third
party sued the City to challenge the approval that he
would defend it on behalf of the City at no cost to
CITY COUNCIL REGULAR MEETING, 3/2/95
PAGE 13
the City, holding the City harmless, and would enter
into an agreement so stating if the Council wished.
Mayor Clark stated that his concerns mirrored those
already discussed as well as the proximity to the
airport and to Pratt Whitney and also leap frog
development, however, he believed that the vested
rights agreement of 1993 must be honored. The City
Council reviewed the Analysis of Consistency with the
Comprehensive Plan prepared by staff and found that
all items were either location related, were dealt
with by the development order, or were the same type
of problem that would be found with any community
coming into the city and increasing population. Mr.
Brandenburg verified that Gardens Country Club would
take no action if the City established a lower level
of service for that area. The City Attorney stated
that a condition should state that any successor to
Mr. Cordani's interests would also waive that right,
and Mr. Brandenburg stated that would be included in
their deeds if a tiered level of service were adopted
prior to filing of their plat and covenants of deeds
and restrictions. After further discussion, motion
was made by Councilman Russo to place Ordinance 1,
1995 as amended, on second reading. Vice Mayor Monroe
stated that she could not vote in favor of this
CITY COUNCIL REGULAR MEETING, 3/2/95 PAGE 14
project since existing residents would possibly have
to pay $180,000 in order to purchase a fire truck for
the project, with which Councilwoman Furtado agreed.
Councilman Russo commented that he believed the fire
station would never be built since it would be much
more cost effective to contract services with the
County. There was no second to Councilman Russo's
motion. Vice Mayor Monroe made a motion to place
Ordinance 1, 1995 as amended, on second reading
provided that the following conditions be added: "The
Petitioner has acknowledged that the City may amend
its Comprehensive Plan to provide for tiered levels of
service to areas which may be located outside the
city's present urban services boundary. In the event
the City does amend its Comprehensive Plan to provide
for a tiered level of service, the Petitoner, its
successors and assigns by virtue of having received
this Development Order and reliance upon a tiered
level of service hereby waives any and all legal,
equitable, and /or administrative claims it may have or
has had regarding the City's decision to provide the
lower level of service to the project by adopting the
tiered level of service approach. Further, that
Petitioner agrees to incorporate a covenant in its
Declaration of Covenants whereby property owners agree
CITY COUNCIL REGULAR MEETING, 3/2/95
PAGE 15
to waive any and all challenges to the tiered level of
service approach contemplated by the City." Also,
condition number 35 would read "Petitioner hereby
agrees to defend and hold harmless the City from any
and all legal, equitable, and /or administrative
actions, causes of actions or lawsuits brought by
third party challengers to the adoption of this
Development Order." Also, a condition would be added
stating within 30 days of approval of the D.O. that
petitioner shall submit a revised master plan with the
golf maintenance facility shifted 200 feet away from
POD "N" and this revised master plan shall be
submitted for review and approval by the City Staff.
Also that the figure of $60,000 in condition number 5
be changed to $200,000 ($180,000 fire, $20,000 police
equipment) for the capital improvement cost of public
safety equipment. Motion was seconded by Councilwoman
Furtado. Motion passed 5 -0.
ADJOURNMENT There being no further business to discuss, motion was
made by Councilman Russo, seconded by Vice Mayor
Monroe, and unanimously approved to adjourn the
meeting at 11:30 P.M.
CITY COUNCIL REGULAR MEETING, 3/2/95
APPROVAL *a—o
MAYOR DAVID CLARK
VICE MAYO IN PA NROE
s
FAUN LMAN RUSSO
COUNCILMAN ERIC JABIIIN
COUNCILWOMAN LAUREN FURTADO
ATTEST:
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LINDA V. KOSIER, CMC, CITY CLERK
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