HomeMy WebLinkAboutMinutes Council 090194ROLL CALL
ANNOUNCEMENTS
PRESENTATIONS
MIKE T , PALM
BEACH COUNTY ECONOMIC
DEVELOPMENT
COORDINATOR
CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
September 1, 1994
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 City Clerk called the roll and present were Mayor
Clark, Vice Mayor Monroe, Councilman Russo,
Councilman J'ablin and Councilwoman Furtado.
Mayor Clark stated the announcements were as posted on
the City's Bulletin Boards.
Mr. Tarlitz addressed the City Council regarding the
upcoming tax abatement referendum, which would provide
a tax credit for neW investment and would serve as are
incentive to new businesses to locate in Palm Beach
County and for existing Palm Beach County businesses
to expand. Councilwoman Furtado clarified that
passage by voters would not negatively impact money
that is going to schools and that Palm Beach County
has sufficient funds per student, however, those funds
have been misused. Vice Mayor Monroe was assured by
CITY COUNCIL REGULAR MEETING, 9/1/94
PAGE 2
Mr. Tarlitz that eligibility of applicants would be
considered on a case -by -case basis and would not be
limited only to blighted land in order to attract
anchor companies, and that if a company moved they
would be required to pay back the abated amount.
AWARDING OF BIDS
OGLCO f JRSE
RENOVATIONS Vice Mayor Monroe moved to accept the proposal from
Quality Grassing and Services, Inc. in the amount of
$48,000 to renovate certain tees and practice greens
at the Palm Beach Gardens Municipal Golf Course.
Motion was seconded by Councilwoman Furtado and
unanimously carried.
COMMENTS FROM THE PUBLIC:
ITEMS BY MAYOR AND
CITY COUNCIL
COUNCILWOMAN FURTADO Councilwoman Furtado voiced concern over information
that had been received by the City Council which
implied that Pulte Homes Corporation had not complied
wi�h certain requirements to their homeowners. The
City Manager was directed to determine whether those
allegations were true and to report to the City
Council.
Councilwoman Furtado introduced Cathy Hetzel, a new
member of the Lake Catherine Task Force. The task
force had addressed the issues of lack of parking
space, excessive noise from the ballfields, the
traffic on MacArthur Boulevard, the traffic
CITY COUNCIL REGULAR MEETING, 9/1/94
VICE MAYOR MONROE
COUNCILMAN RUSSO
PAGE 3
configuration, and vandalism at the gates on
Silverthorne. The task force suggested relocating one
of the ballfields to allow on -site parking and direct
the noise away from the Lake Catherine development.
Suggested solutions were to add more landscaping to
the existing median or to widen the median strip by
eliminating the half -lane now used for passing
vehicles to provide room for sound buffering trees.
The suggested solution to school children slipping
through the gate and crossing private property thereby
causing financial and liability concerns was to
permanently close the gate except for use by emergency
vehicles. It was the consensus of the City Council
to direct staff to determine the cost for this
proposed plan.
Vice Mayor Monroe updated the City Council on the
Military Trail Task Force, and stated that staff was
working with County offices to accomplish the City's
desires. p
Councilman Russo reported he attended a Municipal
League meeting and that the League had endorsed the
mutual aid agreement for catastrophic disaster, which
the City Council had approved at their last meeting.
The City Attorney responded to a question from
Councilman Russo that it was proper for a council
CITY COUNCIL REGULAR MEETING, 9/1/94 PAGE 4
member to abstain from voting only when there was a
conflict of interest, when the councilmember or his or
her principal would gain financially from the vote.
It was determined that the abstentions at the last
council meeting had not been proper, and should have
been negative votes.
COUNCILMAN JABLIN Councilman Jablin stated he would defer his comments
until the Golf Course item was discussed.
ABACOA City Planner Kim Glas explained that staff had been
reviewing the Abacoa DRI, and requested direction from
the City Council for staff's three major concerns:
(1) Abacoa's golf course scheduled for opening in
1995 -96. Ms. Glas explained that staff would like
that opening to be delayed until the Palm Beach
Gardens Municipal Golf Course has had a chance to get
going. (2) Amount of proposed non - residential. Staff
believed that the overallocation of non - residential
would make some of the City's lands unmarketable and
force zoning changes. (3) Inadequate traffic studies
for which Treasure Coast had taken over the modeling,
causing concern that Palm Beach Gardens' concerns
might not be recognized. Consultant Dennis Foltz
q
explained that this project would be handled through
the Development Order into which Jupiter could insert
solutions to handle both the golf course and traffic
CITY COUNCIL REGULAR MEETING, 9/1/94
PAGE 5
concerns. It was the consensus of the City Council
that Mayor Clark send a letter to the Mayor of Jupiter
suggesting a meeting to discuss the City's concerns
and to form a realistic solution to the land use
concern, leaving time before the deadline to file
objections, if necessary, in order to preserve the
City's rights.
CONSENT AGENDA: Vice Mayor Monroe made a motion to approve the
Consent Agenda with the exception of item number 5.
Councilwoman Furtado seconded the Motion. The motion
carried unanimously. The following items were
approved on the Consent Agenda:
I. Approval of Minutes of 8/18/94 City Council
Regular Meeting.
2. Proclaiming September as "Sickle Cell
Awareness Month."
3. Proclaiming September 17 -34, 1994 as
"Constitution Week."
4. Proclaiming October 9 -15, 1994 as "National
Osteopathic Medicine Week."
6. Resolution 114, 1994 - Approval of Interlocal
Agreement between the City and Solid Waste
Authority re: Recycling and Grant Management.
7. Resolution 122, 1994 - Supporting the
Countywide Referendum regarding County
CITY COUNCIL REGULAR MEETING, 9/1/94
PAGE 6
Property -Tax exemptions as an Economic
Incentive.
Vice Mayor Monroe questioned staff as to why the
conditional use of the property for other purposes
had not been included in Resolution 113, 1994. City
Planner Ellington replied the Foundation had indicated
they might need to include all of their property.
Vice Mayor Monroe thereupon made a motion to approve
item 5 on the Consent Agenda, Resolution 113, 1994 -
Approval of a Conditional Use to allow the use of a
temporary trailer at Hood Road and Alternate AIA.
Motion was seconded by Councilman Jablin and
unanimously carried.
PUBLIC HEARINGS:
ORDINANCE 17, 1994 Mayor Clark declared the public hearing open, which
was duly advertised 8/17/94, and held on the intent of
Ordinance 17, 1994, Amending Ordinance 16A, 1993, same
being the budget ordinance of the City for the Fiscal
Year beginning 10/1/93 and ending 9/30/94, inclusive,
for consideration of second Reading and Adoption.
There being no comments from the public, Mayor Clark
declared the Public Hearing Closed. Motion was made
by Councilman Russo to approve ordinance 17, 1994 for
second reading and adoption. Motion was seconded by
Councilwoman Furtado and passed by unanimous vote.
The City Clerk read, on second reading, Ordinance 17,
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CITY COUNCIL REGULAR MEETING, 9/1/94 PAGE 7
1994.
RESOLUTIONS
RESOLUTION 101, 1994
Discussion of Resolution 101, 1994, Approval of
amendment to Admiralty II PUD to allow a drive -thru
canopy, included concerns by Vice Mayor Monroe and
Councilman Russo as to the use of awnings. Petitioner
stated agreement to the jade green color and to delete
requested signage, as recommended by the Planning and
Zoning Commission. It was the consensus of the City
Council to delay approval until the next City Council
meeting in order to receive a commitment from the
Receiver of the property that the awning for Boston's
Restaurant, when necessary to be replaced, would be
replaced with the exact color and material as the
drive -thru canopy awning.
RESOLUTION 102, 1994
Resolution 102, 1994, Approval of minor amendments to
the Bent Tree PUD, was discussed. Vice Mayor Monroe
voiced concern of enforcement of the rental ban for
the detached guest bedroom. Agent for the Petitioner
stated the homeowners documents had been modified to
include that requirement. Motion was made by
Councilman Russo to approve Resolution 102, 1994.
Motion was seconded by Councilwoman Furtado and
unanimously carried.
RESOLUTION 118, 1994
Resolution 118, 1994, Approval of Mediplex Medical
Mall PUD, was reviewed by City Planner Ellington who
F
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CITY COUNCIL REGULAR MEETING, 9/1/94 PAGE 8
informed the City Council that Section 9, which
required delivery to the City of a Unity of Control or
a Unity of Title, would be changed to only require the
Unity of Control. City Attorney Baird clarified that
the Unity of Title presented a potential cloud on the
title for property owners, and stated that when
dealing with a large piece of property with parcels
tied together through a Unity of Title it was
difficult for potential owners to purchase and develop
parcels; therefore, the Unity of Control had been
developed to be used henceforth in any situation where
control of the property would be required. He stated
there would also normally be some covenants which
would require uniform character and uniform design
standards. Councilman Russo questioned the Art in
Public Places requirements for a project developed in
phases and stated he would like to see larger art
rather than smaller pieces for each phase. Petitioner
will make a presentation to the Art in Public Places
Committee for their consideration. In response to
Councilmember Furtado's question whether impact fees
included recreation impact fees, the City Manager
responded that would be investigated. Vice Mayor
Monroe expressed a desire for ten very mature oak
trees roughly 20 feet in height to be planted to help
CITY COUNCIL REGULAR MEETING, 9/1/94
PAGE 9
hide the parking garages, to which the Petitioner
agreed. Vice Mayor Monroe voiced her dislike for the
exterior color which would mean several pink buildings
in close proximity. Councilman Russo moved to approve
Resolution 118, 1994. Motion was seconded by
Councilman Jablin and unanimously carried.
RESOLUTION 119, 1994 City Planner Ellington provided the City Council with
information pertaining to Resolution 119, 1994,
Approval of expansion for St. Mark's Episcopal School
PUD, and explained that six variances were approved by
the City Council at their July 21, 1994 meeting, and
that petitioner had requested an extension of time for
a temporary trailer that was approved by the City
Council July 1, 1993, which was to be used as a
portable classroom until either a permanent media
center and classroom building were constructed and
occupied, or until July 31, 1995, whichever occurred
first. Mr. Ellington pointed out that petitioner had
requested the portable classroom be allowed to remain
on site to accommodate the higher enrollment during
phaseout of the existing preschool program which would
end with the 2001 -2002 school year. Both St. Mark's
School Principal Melba Hardy and the pastor of St.
Mark's church, Father G. Kerry Robb, addressed the
City Council and explained their need for the portable
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CITY COUNCIL REGULAR MEETING, 9/1/94 PAGE 10
classroom. Vice Mayor Monroe made a motion to approve
Resolution 119, 1994, with condition 7 amended to read
"An extension of time shall be granted for use of the
portable classroom structure on the site as approved
by Resolution 71, 1993, until July 31, 1999; to delete
condition 2 and to renumber the remaining conditions.
Motion was seconded by Councilwoman Furtado and
unanimously carried.
RESOLUTION 120, 1994 After discussion, Vice Mayor Monroe moved approval of
Resolution 120, 1994, Approval of Vision One Wall
Signs. Motion was seconded by Councilwoman Furtado ad
unanimously carried.
RESOLUTION 121, 1994 After petitioner agreed that the color of the
requested sign would match the color of the library
building, Vice Mayor Monroe moved approval of
Resolution 121, 1994, Approval of North County Public
Library Freestanding Sign. Motion was seconded by
Councilman Russo and unanimously carried.
ORDINANCES:
ORDINANCE 18, 1994 Motion was made by Councilman Russo to place Ordinance
18, 1994 on first reading by title only. Motion was
seconded by Vice Mayor Monroe, and unanimously
carried. The City Clerk read, on first reading,
Ordinance 18, 1994, an ordinance of the City of Palm
Beach Gardens, Florida, levying a tax on real personal
property located within the corporate limits of the
CITY COUNCIL REGULAR MEETING, 9/1/94
PAGE 11
City of Palm Beach Gardens for the year ended December
31, 1994, affixing a total valuation thereof and tax
rate thereon for said year, adopting a fiscal budget
for the fiscal year beginning October 1, 1994 and
ending September 30, 1995 including appropriating the
funds for expenditures.
ORDINANCE 19, 1994 Vice Mayor Monroe made a motion to place on first
reading by title only Ordinance 19, 1994, An Ordinance
of the City Council of the City of Palm Beach Gardens,
Florida, regulating burglar, holdup and other
emergency alarm systems; amending in its entirety
Chapter 99 of the Code of Ordinances entitled
"Standards for burglar, fire alarm systems "; providing
for a purpose; providing for definitions; providing
for elimination of interconnection to trunklines of
automatic dialing devices; providing for maintenance
of equipment; providing for a limit on excessive false
alarm signals; providing for a penalty; providing for
repeal of laws in conflict; providing for
severability; providing for codification; and,
providing for an effective date.
ITEMS FOR COUNCIL
CTION
LNG OF GOLF
COURSE It was the consensus of the City Council to accept the
recommendation of Brahm Dubin, Palm Beach Gardens
CITY COUNCIL REGULAR MEETING, 9/1/94
PAGE 12
Municipal Golf Course Manager, to change the name of
the golf course because of the reluctance of tourists
to play a municipal course to "Palm Beach Gardens Golf
Club ", and that advertising would include the
statement "a first -class municipal facility ".
LAKE CATHERINE TASK
FORCE Motion was made by Councilman Russo to appoint Kathy
Hetzel to the Lake Catherine Task Force to replace
member Lou Kirchner who died recently. Motion was
seconded by Vice Mayor Monroe and unanimously carried.
ITEMS FOR DISCUSSION:
GOLF COURSE SIGNAGE Discussion of selling advertising space on tee markers
led to discussion of a preference to have corporate
sponsors instead. The possibility of signage for the
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golf course at major intersections was discussed.
City Manager Herakovich suggested development of a
generic design that could be used for any municipal
facility. Mr. Dubin reported he had started looking
into the possibility of bringing a golf museum to Palm
Beach Gardens.
RESOLUTIONS:
RESOLUTION 67, 1994 Vice Mayor Monroe made a motion to approve Resolution
67, 1994, Appointing /Reappointing 2 alternate members
to the Art Advisory Committee inserting the names of
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CITY COUNCIL REGULAR MEETING, 9/1/94
PAGE 13
Jennie Hamilton and Pamela Dyar into the blanks.
Motion was seconded by Councilwoman Furtado and
unanimously carried.
RESOLUTION 68, 1994 Vice Mayor Monroe made a motion to approve Resolution
68, 1994, Appointing /Reappointing 2 regular members to
the Code Enforcement Board inserting the names of Greg
Bills and Rebecca S. Serra into the blanks. Motion
was seconded by Councilman Jablin and unanimously
carried.
RESOLUTION 69, 1994 Vice Mayor Monroe made a motion to approve Resolution
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69, 1994, Appointing /Reappointing 2 regular members
and 2 alternate members to the Merit Board inserting
the names of Andrew Helgesen and Carol A. Entrekin
into the blanks as regular members and inserting the
name of Audrey Merton into the blank as one alternate
and leaving the other alternate open. Motion was
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seconded by Councilwoman Furtado and unanimously
carried.
RESOLUTION 70, 1994 vice Mayor Monroe made a motion to approve Resolution
70, 1994, Appointing /Reappointing 7 regular members to
the Recreation Advisory Board inserting the names of
Jeff Sabin, Sandra Gottlieb, John Elsner, Ronnie
a
CITY COUNCIL REGULAR MEETING, 9/1/94
PAGE 14
Sands, Betty Bates, Joanne Steele, Joe Kuveiklis into
the blanks. Motion was seconded by Councilwoman
Furtado and unanimously carried.
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RESOLUTION 71, 1994 Vice Mayor Monroe made a motion to approve Resolution
71, 1994, Appointing/ Reappointing 2 regular members to
the Zoning Board of Appeals inserting the names of
Kim Anderson and James Neuhaus into the blanks.
Motion was seconded by Councilman Jablin and
unanimously carried.
RESOLUTION 72, 1994 Councilwoman Furtado made a motion to approve
Resolution 72, 1994, Appointing /Reappointing 9 members
to the Beautification and Environmental Committee
inserting the names into the blanks of Shirley
Litchstein, Betty Marks and Jeff Renault for three
year terms; Susan Wood, Susan Weiss and Alan Herron
for two -year terms, and Donna Amado for a one year
term, with two one -year terms left open. Motion was
seconded by Vice Mayor Monroe and unanimously carried.
RESOLUTION 73, 1994 Vice Mayor Monroe made a motion to approve Resolution
73, 1994, Appointing a regular member to the Planning
and Zoning Commission by inserting the name of Michael
Posner into the blank, and adding a Section 2 to the
CITY COUNCIL REGULAR MEETING, 9/1/94
PAGE 15
resolution and to appoint John Glidden as a new
alternate. Motion was seconded by Councilwoman
Furtado and unanimously carried.
CITY MANAGER City Manager Herakovich reported Jupiter had requested
a presentation from the City of Palm Beach Gardens to r
provide information on fire - rescue services. The City
Manager explained stafffs intent had been to act as
consultant to Tequesta in their proposal to Jupiter,
and possibly to work toward a North County Regional
Fire - Rescue Service. It was the consensus of the City
Council that staff could answer questions, however,
were not to go to Jupiter to make a presentation.
City Manager Herakovich requested the Council members
look at the design on the police car parked outside
City Hall as they left the meeting and provide their
opinions on the design.
CITY ATTORNEY City Attorney Baird reported that some time ago the
City had retained a firm who specialized in insurance
coverage to investigate whether there was an
opportunity to recover any additional claims in the
Wiley class action; and their report had indicated one
policy would be worth pursuing. It was the consensus
CITY COUNCIL REGULAR MEETING, 9/1/94 PAGE 16
of the City Council to authorize City Attorney Baird
to file a declaratory action if necessary.
The City Attorney reported the two abstentions at the
last meeting were not proper since there was no
conflict of interest, however, since a negative vote
would not have altered the outcome no action was
necessary. Vice Mayor Monroe requested he also make
clear that anyone who wished clarification or
reconsideration on those items would have the right to
do so. After discussion, City Attorney stated he
would outline the rules for substitute motions in a
memo.
ADJOURNMENT There being no further business to discuss, motion was
made by Vice Mayor Monroe, seconded by Councilwoman
Furtado, and unanimously approved to adjourn the
meeting at 11:29 P.M.
CITY COUNCIL REGULAR MEETING, 9/1/94 PAGE 17
APPROVAL ; Az?,
MAYOR DAVID CLARK
VICE MAYOR LIlyDA MONROE
COUNCILMAN JOSEPH RUSSO
COUNCILMAN ERIC JABLIN
COUNCILWOMAN LAUREN FURTADO
ATTEST:
L`INDA'V. KOSIER, CMC, CITY CLERK
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