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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, I 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 I 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 I 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 P 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 E 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 i 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 r 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. i 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 i