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HomeMy WebLinkAboutMinutes Council 090795CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS SEPTEMBER 7, 1995 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. ROLL CALL The City Clerk called the roll and present were Mayor Russo, Vice Mayor Furtado, Councilwoman Monroe, and Councilman Jablin and Councilman Clark. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted on the City's bulletin boards. Mayor Russo announced that the City Council would go into closed session to consider a legal matter, and that upon their return the agenda would be reordered so that Ordinance 19, 1995 would be the first item considered since many residents had come to discuss that Ordinance. Mayor Russo announced that George DeGuardolia would speak before the City Council went into the closed session. Mr. DeGuardolia, representative for the developer of the Abacoa project, announced that differences had been worked out with the Frenchman's Creek Homeowners Association and thanked all of the Palm Beach Gardens people who had been involved. Mr. CITY COUNCIL REGULAR MEETING, 9/7/95 PAGE 2 DeGuardolia stressed that his organization was committed to the delivery of Donald Ross bridge improvements and infrastructure which had been proposed. CLOSED SESSION The City Council, City Manager and City Attorney then went in to closed session anticipated to last approximately 15 minutes. After the closed session, the City Council reconvened. At 7:55, Mayor Russo reconvened the Regular Meeting. REORDER AGENDA Councilman Jablin made a motion to reorder the agenda to consider Ordinance 19, 1995 at this time. Motion was seconded by Vice Mayor Furtado and unanimously carried. PUBLIC HEARING: ORDINANCE 19, 1995 Mayor Russo declared the Public Hearing open, which was duly advertised 8/23/95 and held on the intent of Ordinance 19, 1995, Amending Chapter 159, Section 159.111 (E)(2)(c) and (d) of the Code extending the required compliance date for storage of boats and recreational vehicles. Planning and Zoning Director Walton explained that a one year period had been allowed for compliance with the Land Development Regulation and that an additional one year period would be granted under Ordinance 19, 1995. TOM HEIDEMAN Tom Heideman, 9858 Daphne, explained the changes he CITY COUNCIL REGULAR MEETING, 9/7/95 PAGE 3 had made on his lot to accommodate his motor home, and stated that he was in support of the one -year extension but was not in favor of the previously Ordinance be enforced in that area and the one -year adopted ordinance. MILDRED LYNN Mildred Lynn, Daphne Avenue, was in favor of the one year extension but was not in favor of the previously adopted ordinance. MARILYN BRETT Marilyn Brett, 3931 Dogwood Avenue, was in favor of the one year extension but was not in favor of the previously adopted ordinance. JOHN DEMEDICO John DeMedico, 8144 Schwabs Way, Horseshoe Acres, was in favor of the one year extension but objected to the previously adopted ordinance. DAVID PANNOZO David Pannzo, 580 crocus Court, was in favor of the one year extension and suggested that the previously adopted ordinance could be changed to allow grandfathering of existing RVs and boats. BILLY MILLER Mr. Miller stated his feelings were the same as those previously stated. STANLEY ELLIS Mr.Ellis, Larch Avenue, explained that his lot carried a deed restriction against parking boats and he had remodeled his home to make one bedroom into a garage area for his boat. CAROL ELLIS Ms. Ellis, Larch Avenue, requested that the existing Ordinance be enforced in that area and the one -year CITY COUNCIL REGULAR MEETING, 9/7/95 PAGE 4 extension not granted, and proposed that consideration for the one year extension be determined area by area rather than as a blanket extension for the whole City. After discussion, it was the consensus of the City Council that a workshop would be held to discuss the existing Ordinance after which a task force would be appointed. Residents were asked to leave their name and address so that they could be personally notified of that meeting. SUE WILLIAMS Ms. Williams was in favor of implementing the existing Ordinance right away. LOU DAGNEY Mr. Dagney, 8766 Nashua Drive, Horseshoe Acres, was in favor of the one year extension. There being no further comments from the public, Mayor Russo declared the Public Hearing closed. Councilwoman Monroe made a motion to approve Ordinance 19, 1995, and to place on second reading by title only. Motion was seconded by Councilman Clark and unanimously carried. The City Clerk read Ordinance 19, 1995 by title only. AWARDING OF BIDS: POOL BLANKET City Manager Herakovich explained that a group of residents had raised $11,800 toward this project and that staff recommended acceptance of the only bid received for the pool blanket, advertised 7/23/95, which was from Commercial Energy CITY COUNCIL REGULAR MEETING, 9/7/95 Specialists, Inc., for $10,988. Motion was made by Councilwoman Monroe to approve the staff recommendation. Motion was seconded by Councilman Clark and unanimously carried. WATER SOURCE HEAT PUMPS Staff recommended approval of the low bid of $31,012.70 from Hydro - Thermal Systems, Inc. of Palm City, Florida, for water source heat pumps to heat the municipal pool, advertised 7/23/95. The City Manager explained that funds had been budgeted except for $133.18, which could be transferred from the Office Equipment account. Motion was made by Councilwoman Monroe to approve staff's recommendation. Motion was seconded by Vice Mayor Furtado and unanimously carried. IRRIGATION PUMP Staff recommendation was to accept the only bid for rebuilding the irrigation Pump at Garden Park, advertised 7/30/95, which was from Midland Engineering Service in the amount of $10,400. Councilwoman Monroe made a motion to accept the staff recommendation. Motion was seconded by Councilman Clark and unanimously carried. PRESSBOX City Manager Herakovich recommended that the single bid received to rebuild the pressbox at Plant Drive Park, advertised 7/30/95, from R. H. Prichard for $17,209, be rejected and that an alternative design be developed which would not be so expensive. Councilman Clark made a motion to approve the staff recommendation. Motion was seconded by CITY COUNCIL REGULAR MEETING, 9/7/95 Councilman Jablin and unanimously carried. ITEMS BY MAYOR AND CITY COUNCIL: VICE MAYOR FURTADO Vice Mayor Furtado expressed concern that purchasers of homes in the M/I Homes project had complained of difficulties with the developer as to homes not being completed on schedule. The Mayor explained that the problem was not one that involved the City, however Staff was directed to contact the developer to make him aware of the complaints. In response to Vice Mayor Furtado, the City Manager explained that the PGA Landscaping west of Military Trail had been completed and that a design had been submitted for a grant request from Beautiful Palm Beaches for those areas that still needed landscaping. Vice Mayor Furtado commented that fertilizer was no longer necessary with the use of mulching mowers; was updated by the City Manager regarding correspondence to concerned residents regarding the plan for The Oaks park, and questioned the status of the portables. The City Manager responded that the portables were scheduled for delivery the end of September and that staff was currently working on assignment of space in the portables and the redesign of City Hall to allow the Police Department to move upstairs, and that the move CITY COUNCIL REGULAR MEETING, 9/7/95 PAGE 7 would be accomplished by the end of the year. COUNCILWOMAN MONROE Councilwoman Monroe commented that grass in the medians on PGA was not doing well. Councilwoman Monroe announced that the half -day Planning Forum followup meeting at the Marriott had been changed to Monday, October 30. COUNCILMAN JABLIN Councilman Jablin agreed that the landscaping on PGA needed improvement. COUNCILMAN CLARK Councilman Clark also agreed regarding the PGA Boulevard landscaping, however, commented that at this time of year landscaping did not always look its best. MAYOR RUSSO Mayor Russo reported that Commissioner Marcus had agreed that she and Jody Gleason would make a presentation regarding the school concurrency and sales tax issue. Mayor Russo reported that a joint meeting between the Town of Jupiter, Tequesta, and the School Board would be held September 18 regarding this issue. Councilman Jablin reported that the Education Advisory Committee would also consider this issue and make a recommendation to the City Council. Mayor Russo requested that the options for municipal facilities be scheduled for the budget workshop September 28. Mayor Russo announced that the City's dance program instructor had gone into private dance instruction. The City Manager reported that the City CITY COUNCIL REGULAR MEETING, 9/7/95 COMMENTS FROM THE PAGE 8 had hired the former instructor's daughter as a replacement; however, because of their allegiance to the former instructor, many of the students had withdrawn from the City program to stay with her, so that the required minimum number of students per class were not available, and, therefore, the number of classes had been reduced. PUBLIC: SUE WILLIAMS Mayor Russo reported that Ms. Williams had left, and read from her comment card that she wanted enforcement of the ordinance requiring trash being placed out only on the night before pickup and also of the ordinance requiring garbage to be kept behind the front line of the house. Mayor Russo requested a report from Public Works regarding the quality of trash pickup. CONSENT AGENDA Vice Mayor Furtado requested that the Regular Meeting Minutes of 8/3/95 be pulled for correction. Councilman Clark made a motion to approve the Consent Agenda as amended. Motion was seconded by Councilman Jablin and unanimously carried. The following items were approved on the Consent Agenda: 1. Approval of City Council 8/17/95 Regular Meeting Minutes. 2. Proclaiming 9/17 -23/95 as "Constitution Week ". 3. Proclaiming the month of September "Sickle CITY COUNCIL REGULAR MEETING, 9/7/95 Cell Awareness Month ". PAGE 9 4. Resolution 68, 1995 - Consideration of Approval for Landscape Variance - 2400 PGA Boulevard, southwest corner of Kidd Lane. 5. Resolution 92, 1995 - Consideration of Approval of Replat of Monterey Pointe. Vice Mayor Furtado requested that on page 4 of the minutes of the Regular Meeting of 8/3/95 "Holly Drive project" be replaced with "Abacoa project ". Councilwoman Monroe made a motion to approve the City Council 8/3/95 Regular Meeting Minutes as amended. Motion was seconded by Councilman Jablin and unanimously carried. RESOLUTIONS: RESOLUTION 89, 1995 Jim Brindell explained the changes requested in materials and colors of the buildings at the Medical Mall parcel and provided samples for consideration by the City Council. Mr. Brindell also explained the requested minor amendments to the elevations of the nursing home at the Regional Center PCD. Discussion included a suggestion that the granite proposed for the buildings should have a hue that would compliment the surrounding buildings rather than a contrast so stark that it would appear beige. Motion was made by Councilman Clark to approve Resolution 89, 1995. CITY COUNCIL REGULAR MEETING, 9/7/95 nrry In Motion was seconded by Vice Mayor Furtado and unanimously carried. RESOLUTION 90, 1995 Planning and Zoning Director Walton reviewed the staff report dated August 31, 1995 for Parcel 6B of the Ballenlsles PCD, which contained eight conditions of approval. Henry Skokowski, agent for the Petitioner, explained that a waiver was requested for parking based on the number of bedrooms, addressed parking problems, and commented on the additional width of the main roadway designed to provide guest parking. Mr. Skokowski discussed the landscape buffer between this parcel and Gardens Glen, and explained the compromise that had been reached with the residents. Councilwoman Monroe verified that the buffer hedge would be installed and maintained at four feet. Councilman Clark made a motion to approve Resolution 90, 1995. Motion was seconded by Vice Mayor Furtado. After discussion, motion carried unanimously. RESOLUTION 91, 1995 Planning and Zoning Director Walton reviewed the staff report dated August 31, 1995 for Parcel 25A of the BallenIsles PCD, and described the compromise that had been reached with Gardens Glen residents to reduce the hedge from six to four feet. Henry Skokowski, agent for the Petitioner, also explained discussions with the Gardens Glen residents and the compromise reached. CITY COUNCIL REGULAR MEETING, 9/7/95 PAGE 11 After further discussion, motion was made by Vice Mayor Furtado to approve Resolution 91, 1995. Motion was seconded by Councilman Jablin and unanimously carried. PUBLIC HEARINGS: ORDINANCE 7, 1995 Mayor Russo declared the Public Hearing open, which was duly advertised 8/23/95 and held on the intent of Ordinance 7, 1995, Amending Chapter 159, entitled "Zoning Regulations" of the Code of Ordinances to create Section 159.087 entitled " Newsracks" for consideration of Second Reading and Adoption. CHRIS SIMON Ms. Simon, Attorney for the Palm Beach Post, objected to the $10 fee per rack per year, and with bolting down newsracks as the only alternative for safety during a hurricane. After extensive discussion, the following change to Section 159.087(9)(E) was read into the record by the City Attorney: All newsracks which are not secured to the satisfaction of the City Building Official in accordance with the Standard Building Code shall be subject to removal by the owners thereof. If the newsrack is determined by the City Building Official to be potentially unsafe and is not removed by the owner, the City may remove said newsrack pursuant to this Section. Mayor Russo declared the Public Hearing closed. Councilwoman Monroe made a motion to place Ordinance 7, 1995 on CITY COUNCIL REGULAR MEETING, 9/7/95 PAGE 12 second reading by title only, as amended. Motion was seconded by Councilman Clark and unanimously carried. The City Clerk read Ordinance 7, 1995 on Second Reading by title only. ORDINANCE 13, 1995 Mayor Russo declared the Public Hearing open, which was duly advertised 8/23/95 and held on the intent of Ordinance 13, 1995, Amending Chapter 159, entitled "Zoning Regulations" of the Code of Ordinances to create Section 159.088 entitled "Communication Towers "; amending Chapter 162 entitled "Definitions". RAYMOND ROYCE Attorney Royce explained that the location proposed by his client was the most remote site possible which would allow transmission of proper radio signals. Attorney Royce expressed concern that criteria in the proposed ordinance was too strict for practical application and suggested language additions or modifications. After discussion, motion was made by Councilwoman Monroe to recess the Public Hearing for Ordinance 13, 1995 until September 21, 1995. Motion was seconded by Councilman Clark and unanimously carried. ORDINANCE 18, 1995 City Attorney Baird explained that this Ordinance contained an error in the zoning designations resulting in the need for the City Council to cancel this Public Hearing. Councilman Clark made a motion, CITY COUNCIL REGULAR MEETING, 9/7/95 PAGE 13 second by Councilman Jablin to cancel this public hearing motion unanimously passed. ORDINANCE 20, 1995 Mayor Russo declared the Public Hearing open, which was duly advertised 8/23/95 and held on the intent of Ordinance 13, 1995, Amending Ordinance 18, 1994, same being the budget ordinance of the City of Palm Beach Gardens for the fiscal year beginning 10/1/94 and ending 9/30/95, inclusive, for consideration of Second Reading and Adoption. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilwoman Monroe made a motion to place Ordinance 20, 1995 on Second Reading by title only and to adopt Ordinance 20, 1995. Motion was seconded by Councilwoman Jablin and unanimously carried. The City Clerk read Ordinance 20, 1995, on Second Reading, by title only. ORDINANCES FOR WORKSHOP: ORDINANCE 22, 1995 City Manager Herakovich explained that in the past developers had been required to provide surety to ensure that all public and private improvements were completed, and this Ordinance would amend that requirement to apply to public improvements only. After clarification by the City Attorney and further discussion, it was the consensus of the City Council to schedule this Ordinance for first reading. ORDINANCE 25, 1995 Councilwoman Monroe requested the proper form from the CITY COUNCIL REGULAR MEETING, 9/7/95 PAGE 14 City Clerk and stated that as a member of the governing board of the hospital she would not be participating in discussion of Ordinance 26, 1995, Amending Ordinance 28, 1991, to clarify the existing and proposed square footage calculations to the Hospital, to construct a 13,000 square foot third floor addition to the medical office building, to construct a new 2,000 square foot meeting room and to reconfigure the parking lot. At this time Councilwoman Monroe left the council meeting for the remainder of the evening. It was the consensus of the City Council to hold the workshop on this ordinance later in the meeting since it was also an agenda item for consideration of first reading. ORDINANCE 23, 1995 Councilman Clark made a motion to place Ordinance 23, 1995 on first reading by title only. Motion was seconded by Vice Mayor Furtado and unanimously carried. The City Clerk read on First Reading by title only, Ordinance 23, 1995, Providing for an Amendment to Chapter 150, Building Regulations of the Code of Ordinances, incorporating by reference the Standard Building Code of 1994; amending the building permit fee schedule established in Section 150.03. ORDINANCE 25, 1995 Councilman Clark made a motion to place Ordinance 25, 1995 on first reading by title only. Motion was CITY COUNCIL REGULAR MEETING, 9/7/95 PAGE 15 seconded by Vice Mayor Furtado and unanimously carried. The City Clerk read on First Reading by title only, Ordinance 25, 1995, Amending Ordinance 7, 1994, by amending Chapter 33 of the Palm Beach Gardens Code entitled "Police Department" amending Section 33.38G(3) and 33.38G(6) of the City Code; amending Section 33.38H(1) and 33.38H(2); amending Section 33.38 by adding a paragraph (R) at the ending of the Section. ORDINANCE 26, 1995 Mayor Russo requested that the record reflect the comments made by Councilwoman Monroe under Agenda Item Ordinances for Workshop: Ordinance 26, 1995 when she had requested the proper form from the City Clerk and stated that as a member of the governing board of the hospital she would not be participating in discussion of Ordinance 26, 1995. After presentation by Ed Oliver, agent for the petitioner, Mayor Russo expressed concern with the proposed placement of a three -story office building so close to Burns Road. Councilman Clark made a motion to place Ordinance 26, 1995 on first reading by title only. Motion was seconded by Councilman Jablin and unanimously carried. The City Clerk read Ordinance 26, 1995 on first reading by title only. ORDINANCE 27, 1995 Councilman Clark made a motion to place Ordinance 27, CITY COUNCIL REGULAR MEETING, 9/7/95 PAGE 16 1995, amending the Palm Beach Gardens Code to provide for investment selection, on first reading by title only. Motion was seconded by Councilman Vice Mayor Furtado. After discussion, the motion unanimously carried. The City Clerk read Ordinance 27, 1995 on first reading by title only. CITY MANAGER REPORT City Manager Herakovich requested direction regarding possible changes to the current 28% open space requirement for Northcorp PCD. Jeff Lis explained that the tenant building proposed for Lots 6 and 7, Southpark Center, required parking to support their business which reduced the open space below the required percentage, and requested a waiver from the requirement which did not allow grass parking to count toward the open space ratio. After discussion, it was the consensus of the City Council that they were in favor of granting the waiver for this particular site in order to speed the location of new business to the area and of directing staff to allow submittal of application for 200 open space on this site; however, the City Manager stated that Councilwoman Monroe was not in favor of reducing the open space requirement in a PCD. City Manager Herakovich reported that an ice cream social had been held for the staff to honor their CITY COUNCIL REGULAR MEETING, 9/7/95 nA�a I� voluntary United Fund contribution which was 35% above the previous year. The City Manager stated that the City had received a Proclamation from the Governor in recognition of the national open space and greenways program, which would be presented on a future agenda. CITY ATTORNEY City Attorney Baird reported on the status of current law suits. MR. GUAY Mr. Guay expressed concern with Home Depot's current practice of unloading into a service aisle and using the area as a storage yard for six to eight truckloads of building materials. Mayor Russo stated that if Home Depot was acting in violation of their agreement with the City, then something could be done. Mr. Guay proposed that loading and unloading be done in front rather than in the rear of the Home Depot store. Mayor Russo requested the Assistant City Manager to provide a complete update for the next City Council meeting. ADJOURNMENT There being no further business to discuss, motion was made by Councilman Clark, seconded by Councilman Jablin, and unanimously approved to adjourn the meeting at 11:30 P.M. CITY COUNCIL REGULAR MEETING, 9/7/95 i APPROVAL / MA7 0R Jam/ RUSSO VICE MAYOR LAUREN FURTADO COUN N LINDA MONROE COUNCILMAN ER BLIN COUNCILMAN DAVID CLARK ATTEST: 7 LINDA KOSIER, CMC, CITY CLERK PAGE 18 FORM COUNTY, 8B MEMORANDUM OF VOTING CONFLICT FOR MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 1 A .S1 \A%1IIJ /I IRS S1%NWI MIDDIII %AMF. �y N.1MME hHUARI).0 00(' 11..('' OM�JMISSIO %.AUIHORIIY.OR('UMMI'llEE 11 ING ADDRI SS < o✓ `� `� ` �� < f I Ht- HOARI . COUN('ll_ COMMISSION. AUl'HORIII OR COMMIITEE ON WHIC 1 SERVE IS A UNII OF: iQ CITY O COUNTY O O1 HER I.00AI. AGENCY C IY Co 'N1Y V)AM,€ OF POI.ITICAI. tiUB O/I�VIiI(- /Ni�) i)AT N %'HIGH VOIFOCCI RRFO �� MY POSITION 1%. � � pYELE(TIVE O APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict.of interest under Section 112.3113, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing ;he re-.erse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective ,:ounty. municipal, or other local public office MUST ABSTAI` from noting on a measure which inures to his special pri%ate gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by Ahom he is retained. In either case. you should disclose the conflict: PRIOR TO THE VOTE BEItiG TAKEN by' publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from \oiine; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. .APPOINTED OFFICERS: A person holding sppoinii%e county, municipal, or other local public office %1UST ABSTAIN from voting on a measure which inures to his special pri,ate gain. Each local officer also is prohibited from knowingly %oting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE 'MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form ,hould be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. (E f()R,A .H . - ii ?AGE . IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within IS days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on �3_m8- : 19 (a) A measure same or will come before my agency which (check one) inured to my special private gain; or '&:�-_—inured to the special gain of by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: 119-M /q /79 cCM436: Date FBI el d — gnature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND :MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM NB • 1.91 PAGE