HomeMy WebLinkAboutMinutes Council 040794CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
APRIL 7, 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.
ROLL CALL The City Clerk called the roll and present were Mayor
Clark, Vice Mayor Monroe, and Councilman Russo.
Councilwoman Furtado arrived at 7:40 PM, and Councilman
Jablin arrived at 9:40 PM.
ANNOUNCEMENTS
PRESENTATIONS
AND CITY COUNCIL
Councilwoman Furtado
Mayor Clark stated the announcements were as posted on
the City's Bulletin Boards.
A presentation was made to George Baldwin for his
dedicated service as the City Attorney from 1967 to 1993.
ITEMS BY MAYOR
Councilwoman Furtado reported the SAC committee would
have one more meeting before they present the School
Improvement Plan to the School Board for approval. She
reported a fine job was being done by the new principal
of Palm Beach Gardens High School, and that volunteer
tutors were still needed for the tutoring program. She
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CITY COUNCIL REGULAR MEETING, 4/7/94 PAGE 2
reported that largely because of the efforts of Vice
Mayor Monroe, North County was the only area that had
implemented plans formed in the Planning Forum.
Vice Mayor Monroe Vice Mayor Monroe reported the North County Planning
Forum Implementation Committee met the first Wednesday of
each month, the Education Committee met at 3 p.m., the
Regular Committee met at 4 p.m., and the Corridors
Committee met at 5 p.m.
Councilman Russo Councilman Russo reported he had attended a meeting of
the Recreation Advisory Board which had questions
regarding the Master Plan. He requested a Workshop
meeting with the Recreation Advisory Board to discuss the
City's direction concerning recreation. It was the
consensus of the City Council to hold a Workshop Meeting
April 14 at the Riverside Community Center to discuss
this and other items. Councilman Russo reported a large
parking lot or similar facility was needed for roller
hockey. He also stated the North County Economic
Development Group would be looking into what factors
would bring businesses to North County. Councilwoman
Furtado voiced her concern that more should be done
immediately to work out problems facing companies who
wanted to locate to this area. Councilman Russo stated
the Council needed to obtain facts regarding placing a
Convention Center in Riviera Beach in order to decide
whether to support its location in the North County area.
H
CITY COUNCIL REGULAR MEETING, 4/7/94 PAGE 3
Mayor Clark After a short discussion, Mayor Clark directed staff to
research whether there was currently any type of newsrack
ordinance. Mayor Clark reported the Comprehensive Plan
submitted to the Department of Community Affairs by Palm
Beach County regarding Jog Road was proceeding as
expected. Mayor Clark reported he had spoken with the
Mayor of Juno Beach regarding the City Council's position
against closing a portion of AlA.
After discussion, Councilwoman Furtado made a motion,
seconded by Councilman Russo, to authorize a $5,000 bonus
to the City Manager for "more than expected" performance
in accordance with the terms of her employment contract.
Motion passed 4-0.
COMMENTS FROM THE PUBLIC:
Ted Hurley Ted Hurley spoke on behalf of Frenchman's Creek Property
Owners Association against the closing of AlA from Donald
Ross Road to Marchensky, which they felt would cause
traffic problems, hinder safety vehicles, and deprive
all citizens of easy access to one of the most scenic
routes in our area. When asked by Mayor Clark if he
would be able to attend another City Council meeting when
this matter was on the agenda for a presentation, Mr.
Hurley said that he would.
Sam Carsillo Sam Carsillo, resident of Palm Beach Gardens, addressed
the City Council on such subjects as sidewalks, golf
balls at Lake Catherine, helipad and speeding on Military
CITY COUNCIL REGULAR MEETING, 4/7/94 PAGE 4
Trail.
CONSENT AGENDA Councilwoman Furtado made a motion to approve Consent
Agenda, seconded by Councilman Russo and unanimously
approved. The following items were approved:
1. City Council Regular Minutes - 3/17/94
2. City Council Special Regular Minutes - 3/24/94
3. City Council Workshop Minutes - 3/24/94
4. Proclaiming 4/22/94 as "Girl Scout Leaders Day"
5. Res. 30, 1994 - Amendment to "The Oaks" PUD
Landscaping Plan for Gardens East Drive.
6. Res. 37, 1994 - Abolishing certain positions in the
Merit System in relation to the Golf Course.
PUBLIC HEARINGS:
ORDINANCE 7, 1994 City Manager Herakovich commented on Ordinance 7, 1994,
Amending Chapter 33 of the Palm Beach Gardens Code
entitled Police Department, providing for the amendment
and re- enactment and amendment of sections of Ordinance
9, 1992 (Policemen's Retirement Trust Fund) that after
review by the Police Pension Board, their comments had
been incorporated into the Ordinance. Mayor Clark
declared the Public Hearing open, which was duly
advertised 3/23/94; and held on the intent of Ordinance
7, 1994. There being no comments from the public, Mayor
Clark declared the Public Hearing closed. Motion was
made by Councilwoman Furtado, seconded by Councilman
Russo, for consideration of second reading and adoption
of Ordinance 7, 1994. City Attorney Baird recommended
the following changes: Strike the first four lines in
paragraph B and the word "changed" on line 5. Add the
CITY COUNCIL REGULAR MEETING, 4/7/94
RESOLUTION 38, 1994:
PAGE 5
sentence, "Any change in the investment vehicle shall be
approved by the City Council ". The motion was withdrawn
by Councilwoman Furtado and the second was withdrawn by
Councilman Russo. Councilwoman Furtado then made a
motion, seconded by Councilman Russo, for consideration
of second reading and adoption of Ordinance 7, 1994, with
the changes made by City Attorney Baird, which passed 4-
0. The City Clerk read, by title only, on second and
final reading, Ordinance 7, 1994.
City Manager Herakovich introduced Resolution 38, 1994,
approval of a Variance to Section 159.09 Ground Signs of
the Palm Beach Gardens Code for "The Waterway Cafe ", 2300
PGA Boulevard. Ray Royce, attorney for the petitioner,
stated that The waterway Cafe had an identification
problem because of the way the restaurant was positioned
on the property; that the existing tower sign had been
obscured by trees; and that accidents had occurred
because cars approaching from the west had abruptly
slowed because the entrance was not visible until they
were right at the turn -in. Councilwoman Furtado voiced
her concern that parking was inadequate for the amount of
business the Waterway Cafe was doing, and that all safety
issues had not been addressed. Mayor Clark declared the
Public Hearing open, which was duly advertised 3/23/94;
CITY COUNCIL REGULAR MEETING, 4/7/94 PAGE 6
and held on the intent of Resolution 38, 1994.
Esther Williams Esther Williams, of 11456 Kidd Lane, commented on the
inadequate parking facilities, and stated the lights and
noise have been a constant problem to residents living
near the restaurant. There being no further comments
from the public, Mayor Clark declared the Public Hearing
closed. After discussion, Mayor Clark re- opened the
Public Hearing. It was the consensus of the City Council
that petitioner prepare a mock -up sign to be placed in
accordance with the sign code, and to notify the City
Council members when it was in place so that they could
look at it to determine whether a variance would be
necessary. A motion was made by Councilman Russo,
seconded by Vice Mayor Monroe, to recess the Public
Hearing for Resolution 38, 1994, April 21, 1994 at
approximately 8 o'clock in the evening. Motion passed
4 -0.
RESOLUTIONS:
RESOLUTION 42, 1994 Rich Walton introduced Resolution 42, 1994, Approving
Amendment to Ballenlsles Clubhouse PUD, which would allow
demolition of the existing clubhouse and construction of
a new clubhouse and expansion of the tennis and fitness
center. Petitioner's objection to paying impact fees for
Art in Public Places since this Clubhouse PUD was in a
gated community and not a public place, was discussed.
City Attorney Baird brought out the point that
CITY COUNCIL REGULAR MEETING, 4/7/94
PAGE 7
architectural features could be credited as art. It was
the consensus of the City Council to direct Staff to
research the Art in Public Places Ordinance and to place
this matter on the agenda for an upcoming City Council
meeting. After a presentation by the petitioner, motion
to approve Resolution 42, 1994 was made by Vice Mayor
Monroe, seconded by Councilwoman Furtado, and passed 4 -0.
RESOLUTION 45, 1994 In considering Resolution 45, 1994, Approval of PGA
National Parcel M -29B Diamond Head PUD, concern was
expressed by City Council members over the "backdoor
garbage and trash services" which were to be provided by
the Property Owners Association, whether sufficient room
had been allowed for garbage trucks to turn around
safely, and whether safety vehicles had enough space to
properly operate. Since the City Council members were
not comfortable with the space allowed for the turnaround
at the Northlake end and the problems of controlling
access at the exit at the other end, petitioner was
directed to address these problems and then bring
Resolution 45, 1994 back before the City Council for
consideration.
RESOLUTION 41, 1994 Agent for Admiralty II PUD, William Colwell, was not
present at the meeting. This item will be placed on a
future agenda.
ITEMS FOR COUNCIL ACTION:
LANDSCAPING AMENDMENT
FOR SOVEREL HARBOUR James R, Brindell, agent for 2KS Development Company,
CITY COUNCIL REGULAR MEETING, 4/7/94
PAGE 8
Inc., petitioned the City Council for approval for
temporary landscaping at Soverel Harbour. Because of
several unresolved issues and because of lack of
sufficient time, it was the consensus of the City Council
that petitioner work with staff to resolve problems and
present their request again in the near future.
ORDINANCES:
ORDINANCE 1, 1994 Motion was made by Councilman Russo, that Ordinance 1,
1994, an ordinance of the City of Palm Beach Gardens,
Florida, amending Chapter 159 of the Palm Beach Gardens
Code creating Section 159.065 entitled "Covered Parking
Structures ", be placed on first reading by title only.
Motion was seconded by Councilwoman Furtado. Per a
unanimous vote by the City Council, City Clerk Linda
Kosier read Ordinance 1, 1994, by title only, on first
reading.
CITY ATTORNEY'S REPORT
City Attorney Baird reported that a lawsuit had been
filed against the City of Palm Beach Gardens and Dubin
and Associates by Ms. DeLuca, which alleged among other
things, breach of contract and intentional interference
with her contractual rights which occurred as a result of
the City's negotiation with Dubin and Associates to
manage the City's golf course. The City Attorney asked
for the City Council's approval and authorization to
advise Dubin that the City would if necessary indemnify
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CITY COUNCIL REGULAR MEETING, 4/7/94
PAGE 9
him and his company in defending that litigation; and
asked for the City Councilfs authorization for the city
Attorney to retain separate counsel to assist in the
defense of that lawsuit on behalf of Dubin if it became
necessary. Vice Mayor Monroe suggested the City continue
to retain Dubin and Associates under the present
consultant agreement and not have them sign a contract,
in order not to indemnify them. Councilwoman Furtado
made a motion to grant the request of the City Attorney
to indemnify Dubin and Associates and to authorize the
City Attorney to retain separate Counsel to assist in the
defense of the lawsuit brought by Ms. DeLuca on behalf of
Dubin and Associates if necessary. Motion was seconded
by Councilman Russo and passed 4 -1, with Vice Mayor
voting against the motion.
CITY MANAGER REPORT City Manager Herakovich reported the MacArthur Foundation
was working on donating additional right -of -way for the
Military Trail widening and that she would request
assistance from the County for the $148,388.44 needed for
fill.
ADJOURNMENT There being no further business to discuss the meeting
was adjourned at 11:30 PM. Motion passed 5 -0.
CITY COUNCIL REGULAR MEETING, 4/7/94
APPROVAL f s
MAYOR DAVID CLARK
i
VICE MAY
INDA MONROE
COUNCN ERIC JABLIN I/
CO=EPH
ATTEST:
�f
LINDA V. KOSIER, CMC, CITY CLERK
PAGE 10
� �y
THE FRENCHMAN'S CREEK PROPERTY OWNERS ASSOCIATION OBJECTS TO
THE IDEA OF PERMANENTLY CLOSING AlA FROM DONALD ROSS NORTH
TO MARCINSKI RD
WE FEEL:
1. THE CLOSING WILL CAUSE TRAFFIC PROBLEMS BY DIVERTING
TRAFFIC TO RT US1 WHICH IS ALREADY JAMMED MOST OF THE
TIME.
2. THE CLOSING WILL CAUSE DELAYS TO EMERGENCY VEHICLES WHICH
MAY HAVE TO ATTEND SOMEONE ON THE BEACH.
3. CLOSING DEPRIVBM ALL CITIZENS OF EASY PASSAGE ALONG A
ROUTE THAT IS MOST SCENIC AND ATTRACTIVE TO RESIDENTS OF
ALL THE NEARBY COMMUNITIES.
4. THE CLOSING WILL BENEFIT ONLY THE FEW RESIDENTS ON THAT
STRETCH OF ROAD AND RAISES THEIR PROPERTY VALUES BECAUSE
IT BECOMES OCEAN FRONT.
5. THE CLOSING WILL ATTRACT MORE FOOT, BICYCLE AND IN LINE
SKATING TRAFFIC WHICH WILL CAUSE A SEVERE SHORTAGE OF
PARKING IN THE AREA.
CITY OF PALM BEACH GARDENS 6/9/94
PLANNING AND ZONING COMMISSION
JUNE 14, 1994
ASSEMBLY ROOM, MUNICIPAL CENTER
10500 NORTH MILITARY TRAIL
AGENDA
I. CALL TO ORDER: 7:30 P.M.
II. PLEDGE OF ALLEGIANCE To THE FLAG
III. ROLL CALL: Chairman Jeffrey Ornstein, Chairman -Elect Carl Sabatello,
Members Diane Carlino, Phillip Lyddon, Daniel Honig, and
William Mignogna. Alternates Thomas Pastore and Michael
Posner.
IV. ITEMS BY PLANNING AND ZONING DIRECTOR
V. ITEMS BY CITY COUNCIL LIAISON
VI. APPROVAL OF MINUTES - May 24, 1994
PLANNING AND ZONING COMMISSION
VII. Recommendation to City Council: Petition DRI- 94 -01, by-James R. Brindell, agent
or the MacArthur Foundation, for an amendment to the Regional Center DRI to
add language to condition #1. (Sections 5 & 6 - 41S -41E)
VIII. Workshop: Petition PUD- 93 -19, by James R. Brindell, agent for Mediplex Group,
Inc., a reques or PTa-nned Unit eve opment and site plan approval for two 174,000
square -foot medical office buildings, a 60,000 square -foot medical office building and
a 70,000 square -foot, 120 -bed skilled nursing facility on a 15.6 -acre site. This site is
located at the northeast corner of PGA Boulevard and Alternate A1A within The
Regional Center Development of Regional Impact (6- 42S -43E) {Previous meetings
2/8/94 & 3/8/94}
IX. Workshop: Petition PUD- 94 -09, by Youn Song of Jones & Song Architects and
anners,agent tor Republic Security Bank, for Planned Unit Development approval
to construct a 3,000 square -foot bank on the Tract 7 outparcel of the Gardens East
(the Promenade) Shopping Center. Located east of Alternate A -1 -A and north of
Lighthouse Drive. (18- 42S -43E)
X. OLD BUSINES$
XI. NEW BUSINESS `
XII. ADJOURNMENT