HomeMy WebLinkAboutMinutes Council 020295ANNOUNCEMENTS
PRESENTATIONS
EDUCATION ADVISORY
COMMITTEE
CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
FEBRUARY 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.
The Deputy City Clerk called the roll and present were
Mayor Clark, Vice Mayor Monroe, Councilman Russo, and
Councilman Jablin. Councilwoman Furtado was absent
from the meeting.
Mayor Clark stated that the announcements were as
posted on the City's Bulletin Boards.
Alan Adams, Chair, Education Advisory Committee,
requested approval for the remaining committee
positions and increase of the number of positions to
allow a representative from Allamanda and a student
representative. Mr. Adams explained that five
standing committees had been created to pursue the
areas of school security, boundaries, curriculum,
teachers and administrative issues, and budgeting.
Mr. Adams reported that Area 5 had formed a group
whose meetings so far had centered around integration
CITY COUNCIL REGULAR MEETING, 2/2/95
PAGE 2
discussions, and that he had been added as an advisor
to the north area school board member. It was the
consensus of the City Council to authorize Mayor Clark
to send a letter in support, to be delivered by Mr.
Adams to a School Board hearing, regarding solutions
to the overcrowding problem in the Jupiter schools.
Councilman Russo called for a meeting between the
School Board and the Education Advisory Board
regarding future plans for schools, and suggested an
education impact fee as proposed by Dr. Robert
Frelich. City Attorney Baird reported that an
education impact ordinance would have to be county-
wide and that implementation would have to start with
the County Commission with cooperation from the School
Board. It was the consensus of the City to increase
the size of the committee as requested by Mr. Adams.
ITEMS BY MAYOR AND
CITY I
.SSO Councilman Russo announced that Wackenhut Corporation
had decided to re- locate in Palm Beach Gardens, and
would bring 300 new jobs to the area. Councilman
Russo announced that at the meeting of The North
County Economic Advisory Group all of the cities had
been in favor of exploring tax abatement at the city
level and proposed that the City Managers should form
a group to explore implementation ideas. Councilman
CITY COUNCIL REGULAR MEETING, 2/2/95 PAGE 3
Russo reported that Lake Worth was interested in
forming a similar economic advisory group.
CONSENT AGENDA: Vice Mayor Monroe made a motion to approve the
Consent Agenda as submitted recognizing that she had
not been present at the 1/19/95 meeting. Councilman
Russo seconded the motion. The motion carried
unanimously. The following items were approved on the
Consent Agenda:
I. Approval of Minutes of 1/19/95 City Council
Regular Meeting.
2. Resolution 5, 1995, authorizing the City
Manager to enter into a contract with the
Center for Family Services.
RESOLUTIONS:
RESOLUTION 11, 1995 Resolution 11, 1995- Consideration of Appointments of
the Election Officials for the General election to be
held in the City on 3/14/95 and the run -off election
on 3/28/95 if same shall be necessary. Motion was
made by Vice Mayor Monroe to approve Resolution 11,
1995. Councilman Russo seconded the motion, which
unanimously carried.
RESOLUTION 12, 1995 Resolution 12, 1995 - Consideration to Appoint the
Supervisor of Elections of Palm Beach County to
canvass the vote and fully administer the issuance,
opening and canvassing of all absentee ballots for all
CITY COUNCIL REGULAR MEETING, 2/2/95 PAGE 4
general, special and referendum elections held within
the City of Palm Beach Gardens from the effective date
of this Resolution and until further noticed. Motion
was made by Vice Mayor Monroe to approve Resolution
12, 1995. Councilman Russo seconded the motion, which
unanimously carried.
RESOLUTION 13, 1995 Consideration of Approval of a landscape plan for
10415 Riverside Drive. Planning & Zoning Director
Walton explained that the landscape code required
projects with no landscape plan on file with the City
to submit plans within a specified time period and
that 10415 Riverside Drive and 4215 Burns Road (to be
considered as the next agenda item) were two of those
projects which were now submitting their plans.
Motion was made by Vice Mayor Monroe to approve
Resolution 13, 1995. Motion was seconded by
Councilman Russo and unanimously carried.
RESOLUTION 14, 1995 Resolution 14, 1995 - Consideration of Approval of a
landscape plan for 4215 Burns Road. Motion was made
by Vice Mayor Monroe to approve Resolution 14, 1995.
Motion was seconded by Councilman Russo and
unanimously carried.
RESOLUTION 15, 1995 Resolution 15, 1995 - Consideration of Approval of
Mira Flores (FKA Bayshore) PUD. Planning and Zoning
Director Walton recommended approval with conditions
CITY COUNCIL REGULAR MEETING, 2/2/95
PAGE 5
as outlined in the staff report and without the paver
blocks at this time. Rhett Roy, landscape architect
for the project, agreed with Planning and Zoning
Director Waltonrs recommendation. Motion was made by
Vice Mayor Monroe to approve Resolution 15, 1995.
Motion was seconded by Councilman Russo and
unanimously carried.
RESOLUTION 16, 1995 Resolution 16, 1995 - Consideration of Approval of
Good Samaritan /St. Mary's Health Care Pavilion PUD
Sign Package. After presentation by Planning and
Zoning Director Walton, Vice Mayor Monroe verified
with City Attorney Baird that her connection with Palm
Beach Gardens Medical Center in no way caused any
conflict of interest in connection with this project.
Ron Kolins presented a graphic of the sign as proposed
by the petitioner which was not in compliance with the
City's sign code as to height. After discussion, it
was the consensus of the City Council to allow the
petitioner to withdraw the request at this time and
return at the next City Council meeting with a
different sign plan. Petitioner responded to concerns
expressed by the City Council that they had no plans
to add additional signs in the future, however, either
the petitioner or the MacArthur Foundation would be
requesting directional signs.
CITY COUNCIL REGULAR MEETING, 2/2/95 PAGE 6
ORDINANCES:
1995 Mayor Clark declared the Public Hearing open, which
was duly advertised 1/18/95 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, also presented for consideration of Second
Reading and Adoption. Planning and Zoning Director
Walton reported the status of requests made by the
City Council at the last meeting and requested
postponement of this matter to a time certain. Vice
Mayor Monroe requested that staff make sure that Palm
Beach County's interpretation of the 1980
Comprehensive Plan include a clear understanding that
the County would not be providing services.
Councilman Russo requested staff exploration of two
levels of service in cooperation with Palm Beach
County, and determination of whether it were possible
for the City to contract for those services and
whether the City could provide a different level of
service for that area than provided for the inner -
city. City Attorney Baird offered the opinion that a
different level of service could be provided only if
the Comprehensive Plan were amended. Vice Mayor
CITY COUNCIL REGULAR MEETING, 2/2/95
PAGE 7
Monroe questioned whether the City Council could
consider the absorption rate of the surrounding area
to determine whether that would allow the City to
provide efficient and economical services, to which
City Attorney Baird responded that could be done only
if reasonable fiscal impact methodology were
available. Vice Mayor Monroe requested that the
information be provided unless there was no way to do
it or if it legally should not be done. Attorney Gary
Brandenburg, agent for the petitioner, stated his
belief that Palm Beach County's 1980 Comprehensive
Plan was not applicable to their project under the
agreement between the petitioner and the City, and
disagreed with allowing the same law firm to ask the
County for an interpretation of the 1980 Comprehensive
Plan that was currently involved in working with the
County in the lawsuit brought by some of the Gardens
Country Club investors against the County. City
Attorney Baird stated he dial not believe it was
appropriate for the legal department to interpret the
1980 Comprehensive Plan but he believed it would be
appropriate for the planning department to provide the
interpretation. Councilman Russo suggested that the
City Council establish a policy for professionals that
they hire to avoid conflicts of interest. Hearing no
CITY COUNCIL REGULAR MEETING, 2/2/95
PAGE 8
comments from the public Mayor Clark canvassed the
City Council members to determine a date for further
consideration of this item. Motion was made by Vice
Mayor Monroe to recess the public reading until March
2, 1995, at 7:30 P.M. Motion was seconded by
Councilman Jablin and unanimously carried.
ORDINANCE 3, 1995 Ordinance 3, 1995 - Relating to the wearing and use of
seat belts, creating a new Chapter 73, Code of
Ordinances, was pulled from the agenda due to present
legal review by the State of Florida being conducted.
ITEMS FOR COUNCIL ACTION:
RIGHTS DETERMINATION After review of the staff report by Planning and
Zoning Director Walton, City Attorney Baird explained
that the City Council would need to establish policy
to deal with unphased projects in order to evaluate
those projects in terms of what had been constructed
in good faith and relied upon, and that prior
decisions not to grant time extensions for other
projects would need to be considered. Attorney Baird
further explained that in the current case the City
Council would need to decide whether completion of the
building and the bank were part of the same project as
the other building and whether that has continued in
good faith. Alfred Malefatto, agent for the
CITY COUNCIL REGULAR MEETING, 2/2/95
PAGE 9
petitioner, observed that infrastructure had been
established for the entire site plan with reliance on
the overall approval. After discussion it was
determined by reading Resolution 104, 1993, that no
conflict of interest existed for Architect John
Glidden as a current member of the Planning and Zoning
Board and also as representative for the petitioner.
Mr. Glidden provided background for the project and
explained that the present buildings did not complete
the approved master plan but that building was stopped
because of economic reasons and that now the economy
would allow the additional building to be constructed.
Mr. Glidden also explained that fire sprinkler
equipment had already been set up for the second
office tower. Councilman Russo requested cooperation
from the applicant regarding the sign code violation
by one of their tenants. Vice Mayor Monroe requested
documentation that sizing of certain equipment,
infrastructure, etc. was related to the second office
building. Vice Mayor Monroe also discussed pros and
cons of "drop dead dates ". It was the consensus of
the City Council to delay consideration until the next
City Council meeting to allow time for all facts to be
presented. Petitioner agreed to pay the cost for the
City's engineer to conduct a review. Councilman Russo
CITY COUNCIL REGULAR MEETING, 2/2/95
PAGE 1.0
suggested that impact fees be looked at to determine
if the proper amounts had been collected.
CITY MANAGER REPORT City Manager Herakovich brought to the attention of
the City Council that a discussion with the Town of
Jupiter had revealed that they were working on an
agreement with the County whereby Jupiter might need
to commit some funds to the operation of the Stadium,
and requested that the City of Palm Beach Gardens
consider helping them by contributing dollar amounts
in the range of $20,000 - $25,000 per year for 20 years
in exchange for use of the stadium. Commissioner
Karen Marcus spoke in support of the exchange, and
explained that the stadium would be run and maintained
by the County. Discussion ensued regarding when the
City might use the Stadium fields and for what sports.
It was the consensus of the City Council to gather
more information in order to properly consider the
proposal, and to compare using the same amount of
funds within Palm Beach Gardens for recreational
purposes. Commissioner Marcus requested that the
proposal be considered at the next City Council
meeting. Another issue discussed was traffic impacts
because of Abacoa. The City Manager was instructed to
write a letter to Commissioner Marcus in support of
obtaining a traffic review of all current land uses at
CITY COUNCIL REGULAR MEETING, 2/2/95 PAGE 11
buildout.
ITEMS FOR DISCUSSION:
CD ISSUES Planning and Zoning Director Richard Walton 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 5% to 10% of other uses for serving the
industrial development. Dominick Lioce, attorney for
Catafulmo, 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. It was the consensus of the City
Council to reschedule this matter for the next City
Council meeting in order for Council members to become
familiar with the facts.
CODE ENFORCEMENT
Assistant City Manager Dunham reported on complaints
received regarding Adelphia Cable outages. The
citation process was discussed.
CITY ATTORNEY City Attorney Baird reported the status of the Byrd
and Erbacher cases. The City Attorney provided a list
of attorneys that the City might wish to retain in
regard to Abacoa issues, and recommended James
Brindell as the most appropriate.
CITY COUNCIL REGULAR MEETING, 2/2/95
PAGE 12
ADJOURNMENT There being no further business to discuss, motion was
made by Vice Mayor Monroe, seconded by Councilman
Russo, and unanimously approved to adjourn the meeting
at 10:15 P.M.
APPROVAL
MAYOR DAVID CLARK
VICE MAYOR LINDA MONROE
/f
OSEPH RUSSO
COUNCILMAN ERIC LIN
COUNCILWOMAN LAUREN FURTADO
ATTEST:
Ile �?'ZA �P�zz ze
'LIM4 KOSIER, CMC, CITY CLERK