HomeMy WebLinkAboutMinutes Council 072194ROLL CALL
ANNOUNCEMENTS
PRESENTATIONS
PROPOSED FOREIGN
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CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
July 21, 1994
The Regular Meeting of the City Council of the City of
Palm Beach Gardens, Florida, was called to order by Vice
Mayor Monroe 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 Vice
Mayor Monroe, Councilman Russo, Councilman Jablin and
Councilwoman Furtado. Mayor Clark was out -of -town on
business.
Vice Mayor Monroe stated the announcements were as posted
on the City's Bulletin Boards.
Mr. Chip Snowden listed the benefits of Palm Beach County
Department of Airports' Foreign Trade Zone Program, which
included: no duty paid for imported goods stored within
the zone before export; deferred duty on imported
components which could be assembled within the zone and
only paid on the finished product; and that the program
would provide an added tool for economic development
which would attract new businesses as well as keep some
businesses in the United States that would have gone to
foreign countries. Mr. Snowden explained that an FTZ was
a designated geographic area governed by the Department
of Commerce and Customs, and Palm Beach County's program
had been established to provide equal access for anyone
interested. The 175 -acre FTZ area at the North County
Airport location would be developed by the airport in the
initial stages by providing environmental studies and
establishing the infrastructure; and sites would be then
offered to businesses on long -term leases, or for sale
with no property taxes. Mr. Snowden explained the
logistics as goods that entered the country through Miami
would be trucked here to the FTZ; components would be
assembled and the finished product trucked to the Port's
FTZ and stored there until exported by ship.
BUILDING COMMITTEE
FINAL REPORT Jeffrey Ornstein, Chairman of the Building Committee,
recapped the Committee's activities and presented budget
figures for the Master Plan. Chairman Ornstein
explained the total estimated costs of $12.5 million
included some site development cost for recreation as
well as bonding costs, and that the Committee had
considered the Police Department top priority; however,
the City Council would need to establish priorities for
phasing. Committee member Vince Pappalardo explained
that some portions of the project would not be needed
immediately. It was the consensus of the City Council
that staff would work with the Committee's cost estimate
to present alternative financing methods for
CITY COUNCIL REGULAR MEETING, 7/21/94
consideration at the next City Council meeting.
ITEMS BY MAYOR AND
CITY COUNCIL
PAGE 3
COUNCILMAN RUSSO Councilman Russo reported the Capital Improvements
Recreational Committee had determined that additional
ballfields were needed immediately and stated that if the
Lake Catherine ballfields were not lit, alternatives
CONSENT AGENDA:
would need to be found.
Vice Mayor Monroe requested Item 2 be pulled from the
Consent Agenda. Councilman Russo made a motion to
approve the Consent Agenda with items 2 removed.
Councilwoman Furtado seconded the Motion. Motion to
approve the Consent Agenda, as amended, carried 4 -0. The
following items were approved on the Consent Agenda:
1. Approval of Minutes of 6/27/94 City Council Special
Meeting.
3. Resolution 87, 1994 - Approval of Plat 3 of
Ballenlsles PCD.
PUBLIC HEARINGS:
ORDINANCE 14, 1994 Councilman Jablin requested the following changes in the
wording of Ordinance 14, 1994: On page 2 under Section
32.21 Composition; Appointment; Terms: Immediately
following "composed of ", in the first sentence insert "up
to twelve (12) and no less than nine (9) regular
members "; insert "up to" immediately before "seven (7)
CITY COUNCIL REGULAR MEETING, 7/21/94 PAGE 4
members" and insert "up to" immediately before "five (5)
members ". On page 3 under Section 32.23 Qualifications
of Members: Change the first sentence to: "The
membership of the Education Advisory Board shall have the
following qualifications: ". Vice Mayor Monroe declared
the public hearing open, which was duly advertised
6/22/94, recessed from the regular meeting of 7/7/94, and
held on the intent of Ordinance 14, 1994, Amending Title
III, "Administration ", Chapter 32 of the Code of
Ordinances by creating Sections to include the creation
of an "Education Advisory Board ". There being no
comments from the public, Vice Mayor Monroe declared the
Public Hearing closed. Councilman Russo made a motion to
place on second reading and to adopt Ordinance 14, 1994,
as amended. Motion was seconded by Councilman Jablin and
passed by a 4 -0 vote. The City Clerk read by title only
on second and final reading Ordinance 14, 1994.
ORDINANCE 16, 1994 Vice Mayor Monroe declared the public hearing open, which
was duly advertised 7/6/94, and held on the intent of
Ordinance 16, 1994, Amending Chapter 110 of the Palm
Beach Gardens Code, entitled Licensing; providing for the
Registration of Persons Engaged in Certain occupations;
providing for amendments to Section 110.41 entitled "Fee
Schedule; Maximum License Tax "; providing for the repeal
of Section 110.41(B) in its entirety. Staff requested
�I
CITY COUNCIL REGULAR MEETING, 7/21194
PAGE 5
that on page 4 under " Financial" that stockbrokers,
$150.00 be inserted. There being no comments from the
public, Vice Mayor Monroe declared the Public Hearing
closed. Councilman Russo made a motion to place on
second reading and to adopt Ordinance 16, 1994, as
amended. Motion was seconded by Councilwoman Furtado and
passed by a 4 -0 vote. The City Clerk read by title only
on second and final reading Ordinance 16, 1994.
NOTICE OF PROPOSED
CHANGE Vice Mayor Monroe stated the City Council would consider
whether the proposed amendments to the existing
Development Order for the Regional Center, a Development
of Regional Impact, as adopted 2/16/84 by Resolution 9,
1984, and amended 3/15/84 by Resolution 23, 1984 and
5/15/86 by Resolution 16, 1986, constitute a Substantial
Deviation as that term is defined by Florida Statute
380.06(19) requiring further Development of Regional
Impact Review. Director of Planning and Zoning Rich
Walton explained the need for this proposed change had
arisen because of the Mediplex project and would allow
uses approved within the Retail /Office /Hotel,
Office /Hotel /Community, or Research /Office /Service
Community categories flexibility in their location as
long as the maximum floor space allocation was not
exceeded. An additional proposed change to the existing
Exhibit " H" had been deleted after MacArthur Foundation
CITY COUNCIL REGULAR MEETING, 7/21/94
PAGE 6
had agreed to conditions set forth in a letter from the
City Manager. Vice Mayor Monroe stated that she believed
she might have a conflict of interest since she was a
member of the Governing Board of the Palm Beach Gardens
Medical Center and, therefore, would abstain from
further participation in this discussion, and passed the
gavel to Councilman Jablin.
RON COLLINS The hearing being opened for public comment, Ron Collins,
attorney representing Good Samaritan, stated his purpose
was to inform the City Council of Good Samaritan's future
plans so that they could be treated fairly and similarly
to Mediplex in terms of approval for substantial square
footage and transfer of office square footage within the
DRI if it became necessary. Councilman Russo explained
that each application submitted for approval was
considered by the City Council upon its own merits.
There being no further comments from the public, Acting
Mayor Jablin declared the Public Hearing closed.
Councilwoman Furtado moved to find that the proposed
amendment to the existing DRI did not constitute a
substantial deviation. Motion was seconded by
Councilman Russo and passed by a 3 -0 vote, with Vice
Mayor Monroe abstaining for reasons already stated.
RESOLUTIONS: i
ON 43, 1994 Staff reported the only change to Resolution 43, 1994
Amending the PGA National Shoppes on the Green, PUD, by
CITY COUNCIL REGULAR MEETING, 7/21/94 PAGE 7
Reinstating the PUD, was the addition of Item number 4
which limited restaurants within the shopping center to
a total of 13,000 square feet and stated the restaurant
square footage for the in -line shopping center could not
exceed 10,000 square feet. Motion was made by Councilman
Russo to approve Resolution 43, 1994. Motion was
seconded by Councilman Jablin and unanimously passed.
RESOLUTION 88, 1994 Staff reported the only concern voiced by the Planning
and Zoning Commission in regard to Resolution 88, 1994,
Creating a Planned Unit Development on an out Parcel of
the Gardens East PCD re: Republic Security Bank, was the
setback of the proposed monument signage. Chris Jones,
representing Jones & Song Architects, requested approval
of the monument sign stating the sign ordinance would be
complied with as to size, and that the originally -
approved Gardens East Shopping Center master plan
indicated a monument sign along Alternate AlA. The City
Council directed Condition 7 be added as follows: " The
size of the ground sign shall comply with the current
sign code." Councilwoman Furtado moved to approve
Resolution 88, 1994. Motion was seconded by Councilman
Jablin and unanimously carried.
RESOLUTION 89, 1994 Approval of Minor Amendment to The Sanctuary PUD re:
plans and elevations was recommended by staff with no
conditions. Councilwoman Furtado moved to approve
CITY COUNCIL REGULAR MEETING, 7/21/94 PAGE 8
Resolution 89, 1994. Motion was seconded by Councilman
Jablin and unanimously carried.
RESOLUTION 90, 1994 Rich Walton reported the request by Donaldson Hearing of
Cotleur Hearing, agent for Town Oaks Homeowners
Association, for PUD amendment for the entrance sign
upgrade to the Town Oaks PUD was recommended by staff for
approval with the condition that prior to issuance of the
building permit that the Town Oaks Homeowners'
Association shall execute an agreement to maintain the
sign and the median landscaping. Steve Gillespie,
representing Town Oaks Homeowner's Association, reported
the association had no problem with the condition.
Councilman Russo moved to approve Resolution 90, 1994,
Approval of Minor Amendment to The Town Oaks PUD. Motion
was seconded by Councilman Jablin and unanimously
carried.
RESOLUTION 91, 1994 Rich Walton explained that William F. Colwell, Court -
Appointed Receiver, had requested an amendment to the
Admiralty II PUD to amend the ground signage located on
PGA Boulevard in order to add a fourth tenant message for
Sensations Too Hair Salon located in the lobby of the
Radisson Suite Hotel, and stated the owner of the hair
4
salon was losing customers due to lack of signage. Jack
Hanson, Building Official, did not recommend approval,
citing that the original intent of the interior retail
CITY COUNCIL REGULAR MEETING, 7/21/94
PAGE 9
spaces was to serve the hotel guests and patrons of the
bank and restaurant establishments; and also that if the
additional tenant message were approved the existing
messages could be rearranged to accommodate the new
message without changing the dimensions of the ground
sign. Vince Pappalardo, the original developer of the
Admiralty II, spoke and requested addition of a fourth
message as a variance from the sign code which allowed
three tenant messages. The owners of the hair salon
stated their position that the lack of signage was a
hardship because their clients had difficulty finding the
salon; that their business could not survive with only
hotel clientele; and that increased salon business would
help the other businesses within the hotel. Not wanting
to set a precedent and pointing out that economics was
not a hardship according to the City's Code, Councilman
Russo moved to deny approval of Resolution 91, 1994.
Motion was seconded by Councilman Jablin and unanimously
carried.
RESOLUTION 92, 1994 City Manager Herakovich reported the City's current
health insurance carrier, Accordia /Anthem, had extended
their current agreement for 15 months with no increase in
premium and had changed the annual deductible requirement
to allow a family deductible of $600 instead of having to
meet three individual $200 deductibles to satisfy the
CITY COUNCIL REGULAR MEETING, 7/21/94 PAGE 10
family deductible. Councilman Russo commented that the
City was spending more for coverage from this carrier but
had chosen to stay with Accordia because of better
benefits to the City employees. Councilman Jablin moved
to approve adoption of Resolution 92, 1994. Motion was
seconded by Councilman Russo and unanimously carried.
RESOLUTION 94, 1994 Lou Kersher, 302 Sun Terrace Court, representing Lake
Catherine Homeowners Association, submitted three names
to serve on the Lake Catherine Task Force Committee:
Donnie Brown to represent Sun Terrace, Larry Bailey to
represent Bedford, and Lou Kersher to represent the POA.
Vice Mayor Monroe requested "unless otherwise extended by
the City Council" be added to Section 6 of Resolution 94.
Other names inserted in the blanks were Donnie Brown,
Jeff Sabin, Sue Miller, Dan Eagle, and Council Liaison
Lauren Furtado. Councilman Jablin moved to approve
Resolution 94, 1994 as amended. Motion was seconded by
Councilman Russo and unanimously carried.
RESOLUTION 95, 1994 St Mark's Episcopal Church requested several Landscape
Variances for which staff recommended approval except for
Variance 1 which concerned the requirement that only 40%
of the required interior landscape area may be covered
with grass, and Variance 6 which concerned the
requirement that 750 of all plants on the project must
come from the City's Preferred Plant List. Dan Gerth,
CITY COUNCIL REGULAR MEETING, 7/21/94
PAGE 11
agent for St. Mark's Episcopal Church, stated additional
plant material placed on the site would now meet code as
far as points were concerned, and the plants consisted of
approximately 63 different species of which approximately
35 were on the approved plant list. Since only 30% were
not on the list, Mr. Gerth explained they were really
only requesting a 5% variance, and would like to keep 30%
in plants not on the preferred plant list since most of
those plants were planted before the list was made and
also because most of the new plantings that would be
installed were native plants and not on the list.
Concerning Variance 1, Mr. Gerth stated they had 21,000
S.F. of planting area, with an additional 5,000 S.F. that
would be added with their new plan. Under the 40% rule
they would have been required to have 48,000 S.F. of
planting area, or essentially double the existing amount,
which would be 81% more plant material than was shown on
their landscape plan, and playground area would have to
be used in order to comply. City Forester Hendrickson
stated the minimum points required on the open space had
been met, but to meet the preferred species list
requirement and the 40% rule, more planted or mulched
areas than the minimum would be necessary. It was
determined that both native species requested, Wax Myrtle
and Mercine, could be added to the Preferred Species List
CITY COUNCIL REGULAR MEETING, 7/21/94
by staff. Melba Hardy, Principal of St. Mark's School,
addressed the City Council stating they did not know
whether they would build another building sometime in the
future, but were doing the present addition to meet
changes in their school program. Concerning Variance 1,
Vice Mayor Monroe explained that the intent of the code
was to slow down the use of ground water. Staff and the
petitioner agreed to work together to place vines from
the Preferred Plant List along the chain link fence. It
was the consensus of the City Council concerning
Variance 6, that petitioner would not be required to
achieve 75% of all plants from the City's Preferred Plant
List, however must agree to install only plants on that
list in the future until such time as 75% was exceeded,
and could then plant other species. Motion was made by
Councilman Russo to approve Resolution 95, 1995, to be
amended so as to be consistent with the staff report and
Council's discussion. Motion was seconded by Councilman
Jablin and unanimously carried.
RESOLUTIONS
SOLUTION 96, 1994 Vice Mayor Monroe passed the gavel to Councilman Jablin,
stating she had a possible conflict of interest as she is
a member of the Governing Board for Palm Beach Gardens
Medical Center. Councilman Russo moved to approve
Resolution 96, 1994, Amending Resolution 9, 1984, as
amended, which constitutes a development Order creating
CITY COUNCIL REGULAR MEETING, 7/21/94 PAGE 13
the Regional Center DRI, by making certain findings of
fact and conclusions of law and by amending Condition No.
1 under Application for Development Approval and adding
an additional paragraph. Councilwoman Furtado seconded
the motion. Motion passed by a 3 -0 vote, with Vice Mayor
Monroe abstaining for reasons stated. Chairman Pro -Tem
Jablin clarified that Resolution 96, 1994 was approved
without the second paragraph in the original version.
ITEMS FOR COUNCIL ACTION:
ART IN PUBLIC PLACES
REQUIREMENT - NORTH COUNTY
REGIONAL LIBRARY Rich Walton reported the Palm Beach County Board of
Public Commissioners requested the City waive the Art in
Public Places requirement for the North County Regional
Library; however no County representative had attended
the Art Advisory Committee meetings scheduled for this
discussion. Therefore at its June 20, 1994 meeting the
Committee, by unanimous vote, made a decision to
recommend to the City Council denial of the County's
request for a waiver. Mr. Walton recommended to the City
Council that they decline to hear any presentation from
the County concerning this matter until the County had
met with the Art Advisory Committee. It was the
consensus of the City Council to give the County one more
chance to meet with the Committee.
ART ADVISORY COMMITTEE
RECOMMENDATION CONCERNING
CITY COUNCIL REGULAR MEETING, 7/21/94 PAGE 14
THE BALLENISLES CLUBHOUSE
City Manager Herakovich reported the Art Advisory
Committee had decided that the BallenIsles Clubhouse
would fall under the regulations of the Art in Public
Places ordinance, and agreed that architecture would be
considered acceptable as a portion of the art requirement
if the architect worked in collaboration with an artist.
It was the consensus of the City Council to advise
BallenIsles of the decision of the Art Advisory
CITY MANAGER:
CITY ATTORNEY:
Committee.
City Manager Herakovich reported the City had that day
opened seven bids for solid waste collection which varied
from $1.055 million to $1.979 million, and stated that
staff would evaluate and present a recommendation to the
City Council at a meeting in August. City Manager
Herakovich reported a crew of five City employees were
providing disaster assistance in the Florida panhandle
area. City Manager Herakovich reported school
assignments for MI Homes residents.
City Attorney Baird reported the City had received
confirmation from the District Court that the settlement
in the Wiley class action had been filed, and a fairness
hearing would take place in September. The Justice
Department was currently working with Attorney Baird to
enter a consent degree on the case and just recently
completed an Agreed Order to stay Discovery in those
CITY COUNCIL REGULAR MEETING, 7/21/94
PAGE 15
proceedings, allowing work to settle instead of to
litigate.
ADJOURNMENT There being no further business to discuss, motion was
made by Councilman Russo, seconded by Councilwoman
Furtado to adjourn the meeting at 10:58 P.M.
APPROVAL 1„ /� r �(�`
MAYOR DAVID CLARK
VICE MAYOR L DA ONROE
L/ l/ ` L
COUNCILMAN JOSEPH RUSSO
COUNCILMAN ERIC JABLIN
COUNCILWOMAN LAUREN FURTADO
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
r `C
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I \A \II 11R\ 1 %%.%I 1 \111)1 >I I XAMF
N.1ME OI BOARD: C'OUN('tl_ COMMISSION, AU I IIORII Y. OR ('UMMIII E:E
ONROE LINDA
PALM BEACH GARDENS CITY COUNCIL
MIA11 INO kDORI SS
1 Ht HOARD. COUNCIL, COMMISSION, AM HORIII OR COMMITTEE ON
4431 ALTHEA WAY
WHICH I SERVE IS A UNII OF:
IY CnY D COUNTY O O1 HER I.00AI. ACENCY
CI IY COUNTY
NAME OF POLITICAL SUBDIVISION:
PALM BEACH GARDENS, FL 33410 PALM BEACH
CITY.OF PALM BEACH GARDENS
DATE ON %HIGH VO1F OCCURRFU
THURSDAY JULY 21 1994
MY POSITION IS:
► ►
� ELECTIVE 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 112.3133, Florida Statutes.
Your responsibilities under the law when faced with ,a measure in which vou have a conflict of interest will vary greatly depending
on whether vou hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing ,he reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knoN%inely voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; 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 sppointise county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private 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 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 makine 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 should 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.
( F F()R m .q . , 41 740E .
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 15 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
1. Linda Monroe , hereby disclose that on Thursday, July 21 . 19 94
(a) A measure came or will come before my agency which (check one)
_ inured to my special private gain; or
x inured to the special gain of Palm Beach Gardens Medical Center , by whom I am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
At a Public Hearing regarding an amendmen �t��? �
egional Cent I, I
abstained from voting as I am a member of eAMd of the
Palm Beach Gardens Medical Center and the amendment would have concerned
another local hospital.
Thursday, July 21, 1994
Date Filed
LSifn�a u r e
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIREq
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 55,000.
CE FORM 88 • 1.91
L
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