HomeMy WebLinkAboutMinutes Council 121594CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
DECEMBER 15, 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.
ROLL CALL The Deputy City Clerk called the roll and present were Vice Mayor Monroe,
Councilman Russo and Councilwoman Furtado. Councilman Jablin arrived
at 7:40 p.m.
ANNOUNCEMENTS Vice Mayor Monroe announced that Mayor Clark was out of the country on
business, and stated that the announcements were as posted on the City's
Bulletin Boards.
PRESENTATIONS
ABACOA TRAFFIC UPDATE
Mr. Kahart Pinder explained that Treasure Coast Regional Planning Council
was required to review any project of DRI scale based on local government
traffic performance codes, which in this case would be Palm Beach County's
standards for daily traffic volumes. County standards included analysis of
peak hours, peak seasons, a computer model for land uses, and DOT also
provided an analysis. Traffic for the Abacoa
development, currently proposed to be built in three phases, would
encompass major roadways north of Northlake Boulevard. Treasure Coast
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CITY COUNCIL, REGULAR MEETING, 12/15/94
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Regional Planning Council had identified 21 roadways that would need to be
widened, including Donald Ross Road from I -95 to U.S. One, Alternate
AlA from Indiantown Road to PGA Boulevard, and a number of
intersections, including the PGA Boulevard /Alternate AIA intersection.
Major projects that could stop the development of the project were widening
the Donald Ross Road bridge, and widening 1 -95 from Indiantown Road to
Northlake Boulevard. Impacts to Palm Beach Gardens would be 29 affected
roadway links, with 14 of those slated for improvements. Mr. Pinder stated
that roadways which would be at or near capacity when Abacoa reached
buildout were PGA Boulevard between Military Trail and 1 -95; Alternate
A1A between PGA Boulevard and Lighthouse Drive; and the flyover
interchange at Central Boulevard and 1 -95. City Attorney Baird explained
that when Jupiter received notice from the Regional Planning Council that
the application was sufficient they would establish a public hearing date at
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some time in the future and when that date was established the clock would N
begin to run on a 50 -day time frame wherein the Regional Planning Council
must by law render its report and recommendations to local government.
Also, if the Braves stadium did not develop, Regional Planning Council was
recommending a condition in the development order requiring the project to
go back through the Regional Planning Council for review. Concerns
expressed by Councilmembers included the fact that Abacoa might use so
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CITY COUNCIL REGULAR MEETING, 12/15/94
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many trips within the City that none would be available for future businesses
or other developments within Palm Beach Gardens. It was the consensus of
the City Council that at the Treasure Coast Regional Planning Council
meeting the next day when the Planning Council was to make their
recommendation to Jupiter that staff should comment (1) that test two had
not been done and that the process was violated by not having that
information available within a reasonable amount of time for review, (2) to
address concerns regarding the phasing of the project, (3) to consider the
FDOT requirements which were not the same as the County requirements,
and (4) to request sound barriers in residential areas along widened portions
of I -95. Attorney Baird advised the City Council that staff should also
register the City Council's objection at the Planning Council meeting that
sufficient time had not been allowed to study test two, and that the Planning
Council would then decide whether the objection warranted a possible delay
or an amendment. Attorney Baird also advised the City Council that staff
should comment to the Planning Council to be sure that the conditions that
were being recommended for a development order would trigger a regional
review if the phasing schedule were not followed.
PALM BEACH COUNTY
COMPREHENSIVE PLAN
AMENDMENT 94 -2 City Planner Kim Glas reviewed the amendment and commented that Palm
Beach Gardens had objected to the amendment which would provide relief
CITY COUNCIL REGULAR MEETING, 12/15/94
to the traffic performance standards because the City believed the amendment
was specific to Abacoa and should be broader. It was the consensus of the
City Council to continue their objection by directing staff to appear at the
adoption hearing to express the City's objection and by directing Mayor Pro
Tern Jablin in the absence of both the Mayor and the Vice Mayor, to meet
with the local Commissioner prior to the hearing to explain the City's
position.
ECO —SITE DRAFT
POLICY STATEMENT City Planner Kim Glas reviewed the draft policy statement. Vice Mayor
Monroe suggested minor changes, and the City Manager explained that
comments from the City Council would be presented at a meeting of
involved parties on December 21.
ITEMS BY MAYOR AND
ITY COUNCIL
COUNCILMAN RUSSO Councilman Russo expressed concern that members of the Planning and
Zoning Board needed to be well qualified, and that when additional members
were needed the City should advertise for individuals who possessed the type
of experience needed by members of that Board. Councilman Russo
commented at a meeting of the Municipal League a law enforcement
presentation had been made, and he had learned that there was no seat belt
law in the State of Florida and that cities were asked to pass an ordinance
making riding in a car without a seat belt a primary offense so that police
would be able to stop vehicles when the occupants were not wearing seat
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CITY COUNCIL REGULAR MEETING, 12/15/94
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belts. Councilman Russo expressed support of such an ordinance. I
COUNCILWOMAN FURTADO Councilwoman Furtado asked that a definite date be set for discussion
regarding what the Council would like to see happen with PGA Boulevard
and Alternate AlA.
COMMENTS FROM THE PUT- BJ,1_C:
AUGUST HERNANDEZ Mr. Hernandez, a member of the School Board, discussed the problem of
overcrowding throughout the Palm Beach County school system and in Palm
Beach Gardens schools, which the School Board was trying to alleviate with
portable classrooms. He expressed the desire of the School Board to work
more closely with City staff, and requested City support in petitioning the
County to provide a sidewalk for student access on the south side of Atlantic
Avenue near Eisenhower School, Mr. Hernandez proposed that developers
seeking project approval from the City be required to meet with the School
Board so that they could use the site plan and housing information in
planning for schools. Councilman Russo expressed willingness to cooperate
with the School Board but expressed disappointment that the School Board
had let the City down in the past, and asked where children of approved new
developments would attend school. Mr. Hernandez responded that he could
provide no excuse for not working together in the past and that the City's
help was needed to come up with alternatives solutions for schools since
growth was progressing at a rate faster than buildings could be provided.
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CITY COUNCIL REGULAR MEETING, 12/15/94
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Councilwoman Furtado commented she was not comfortable with the
working procedure suggested. City Manager Herakovich mentioned the
following items which the City Council had directed her to discuss with the
School Board: Dwyer Stadium was built directly in the City's parkway with
no regard to the parkway; the recent signs that were erected at the
elementary schools and the high school were constructed out of compliance
with the City's sign code; the tennis courts had been locked for the past three
years and were not accessible to the public after school hours; inequity of
joint use of facilities was a problem, and commented that those were only a
few examples of the School Board's total disregard for the City's policies and
that the City would like to be able to resolve such issues. The City Manager
stated that since the City now had an Education Advisory Board that it might
be appropriate for Mr. Hernandez to be placed on their agenda. Councilman
Jablin commented that the Education Advisory Board had identified several
areas of concern and invited Mr. Hernandez to contact him to be scheduled
for a specific meeting. Vice Mayor Monroe requested that future
commitments made to the City contain monitoring mechanisms and if
unforeseen circumstances prevented the original plan from proceeding that
the School Board inform the City Council what had happened. After
comments by both the City Manager and Vice Mayor Monroe as to possible
redesign of open space to provide additional ball fields, Mr. Hernandez
CITY COUNCIL REGULAR MEETING, 12/15/94
PAGE 7
responded the School Board had been unaware of the need and would work
with the City to respond to alternative recreational solutions. Vice Mayor
Monroe requested that a proposal be submitted to the City outlining a
mechanism of communication, and that Planning and Zoning Director
Walton meet with Mr. Hernandez to define problem areas regarding the
information on new developments and to report any unresolved issues to the
City Council.
CONSENT AGENDA: Councilman Russo stated he would abstain from voting on Item 6 because of
a conflict of interest. Councilman 3ablin made a motion to approve the
Consent Agenda with Item 6 removed. Councilman Russo seconded the
motion. The motion carried unanimously. The following items were
approved on the Consent Agenda:
1. Approval of Minutes of 12/01/94 City Council Regular Meeting.
2. Proclaiming 1/22 -1/Z8 as "Teller Appreciation Week ".
3. Resolution 103, 1994 — Authorizing the Mayor to Execute an
Agreement Between the City and Northern Palm Beach County Water
Control District Re: PGA Boulevard Improvements.
4. Resolution 169, 1994 -- Adopting a Fee Schedule for Fire Code
Inspections and Special Detail Assignments.
5. Resolution 171, 1994 — Approval of BallenIsles Country Club, Parcel
12, Coquina Way, Entry Feature.
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7. Resolution 175, 1994 — Approval of Extension of Interlocal Agreement
with Palm Beach County Re: Burns Road Construction.
Motion was made by Councilwoman Furtado and seconded by Councilman
Jablin to approve Consent Agenda Item
6. Resolution 172, 1994 — Approval of BallenIsles Country Club, Parcel
13, Coquina Way, Entry Feature.
Motion passed 3 -0 with Councilman Russo abstaining.
RESOLUTIONS:
RESOLUTION 149, 1994 City Manager Herakovich requested Resolution 149, 1994, Approval of
Partial Release of Easement for Lot 106, Villa D'Este, PGA National, be
removed from the agenda since a last — minute problem had been discovered
with a sewer line below the easement. Vice Mayor Monroe announced that
Resolution 149, 1994 would be deleted from the agenda.
RESOLUTION 168, 1994 City Manager Herakovich explained that Resolution 168, 1994 Approving
Dr. Martin Luther King, Jr.'s Birthday, would designate this date as a City
holiday and would replace the current floating holiday for City employees.
Councilman Russo made a motion to approve Resolution 168, 1994. Motion
was seconded by Councilman Jablin and unanimously carried.
RESOLUTION 173, 1994 Planning and Zoning Director Rich Walton provided background for
Resolution 173, 1994, Approval of PGA National Parcel M31 Grand Cay
CITY COUNCIL REGULAR MEETING, 12/15/94
Site Plan Amendment, and pointed out that this was one of several
applications now being submitted requesting approval for zero lot line
custom homes. Mr. Walton informed the City Council that staff had
established a list of criteria for this type of home. Henry Skokowski, agent
for the petitioner, confirmed the trend to zero lot line custom homes in the
price range of $500,000 and up, and presented an elevation drawing which
referred to some of the consistent architectural elements throughout the
project. Mr. Skokowski commented that items 4 through 7 under Section 1
of Resolution 173, 1994 should be deleted since they referred to models that
were in the previous approval. It was the consensus of the City Council to
leave items 4 through 7 in the Resolution but to add item 8 as suggested by
City Attorney Baird: "Homes in accordance with the guidelines
incorporated into the Planning and Zoning Staffs memo of December 7,
1994, attached hereto and incorporated herein as Exhibit A." Councilman
Jablin made a motion to approve Resolution 173, 1994 as amended by the
City Attorney. Motion was seconded by Councilwoman Furtado and
unanimously carried.
RESOLUTION 174, 1994 Resolution 174, 1994, Approval of PGA National Parcel M24,
Canterbury/The Lakes Site Plan Amendment. After review by Planning and
Zoning Director Walton, Henry Skokowski, agent for the petitioner,
explained that the site plan amendment was requested in order to market
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CITY COUNCIL REGULAR MEETING, 12/15/94
PAGE 10
interior lots by offering courtyard homes. Concerns raised by City Council
members included insufficient turning radius in the entry area and
insufficient stacking room for vehicles. After further discussion, it was the
consensus of the City Council that this matter be brought back before the
City Council at their next Council meeting with two identical sets of
drawings except that one would show the gate and one would not have the
gate, so that the Council would be able to approve without the gate if the
radius or room for stacking were still insufficient, and a deadline of
December 22 was established for the new drawings to be submitted to the
Planning and Zoning Department,
RESOLUTION 176, 1994 and
RESOLUTION 177, 1994 After review of the staff report dated Decembers 7, 1994 by Planning and
Zoning Director Walton, Steve Mathison, attorney representing Frenchman's
Creek Property Owners Association, explained that approval of both
Resolution 176, 1994 and Resolution 177, 1994 would be necessary to allow
the property owners association to build a permanent resale facility owned
by the property owners association. Councilwoman Furtado moved approval
of Resolution 176, 1994, Approval of Amendment to Frenchman's Creek
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Master Plan. Motion was seconded by Councilman Jablin and carried
unanimously. Councilwoman Furtado moved approval of Resolution 177,
1994, Approval of Site Plan for Frenchman's Creek Resale Facility. Motion
was seconded by Councilman Jablin and carried unanimously.
CITY COUNCIL REGULAR MEETING, 12/15/94 PAGE l l
RESOLUTION 178, 1994 Resolution 178, 1994 — Approval of an Interlocal Agreement for Ballfield
Lighting at Lake Catherine. City Manager Herakovich explained that Palm
Beach County Commissioner Marcus had offered the City $100,000 from the
County's recreation assistance fund. A non — discrimination residency clause
in the interlocal agreement had been discussed with County staff who
explained that youth athletic associations often had rules governing the
management of their teams and parks and were allowed to operate under
those rules on County property; therefore, if the City Council chose to
approve Resolution 178, 1994, the non — residential fee requirement for the
PBGYYA would have to be deleted and requests from other communities to
use the facility would have to be honored for times when it was available.
After discussion it was the consensus of the City Council to try to obtain
specific terms in writing from the County rather than to rely on County staff
comments.
ITEMS FOR COUNCIL ACTION
AUTHORIZATION TO PURCHASE
VEHICLE THROUGH CNG E
GRANT PROGRAM Assistant City Manager Dunham requested purchase from budgeted funds of
a needed Suburban for the Fire Department. Motion was made by
Councilman Jablin to accept staff's recommendation. Motion was seconded
by Councilwoman Furtado and unanimously carried.
CITY COUNCIL REGULAR MEETING, 12/15/94 PAGE 12
AUTHORIZATION TO EXPEND
FUNDS FOR BALLFIELD
LIGHT REPAIRS AT
GARDENS PARK City Manager Herakovich requested expenditure of up to $25,500 to upgrade
outdated ballfield lighting at Gardens Park. Motion was made by
Councilman Jablin to approve expenditure of $25,500 from the Recreation
Revolving Fund Account subject to ascertaining that this was the appropriate
financial mechanism. Motion was seconded by Councilman Russo and
unanimously carried.
ITEMS FOR DISCUSSION:
BAYSHORE CLUB AT
PALM BEACH GARDENS Planning and Zoning Director Walton discussed the applicant's request for
site plan approval to construct 352 two —story rental apartment units designed
as six distinct communities. Rhett Roy, Landscape Architect for the
petitioner, explained the layout of the project and its position in relation to
existing community improvements. Discussion ensued concerning the 20
conditions required by the Planning and Zoning Commission. Vice Mayor
Monroe requested clarification from the Police Department that landscaping
had been reviewed for visibility for safety purposes, and clarification from
staff that illumination was not blocked by trees. The Vice Mayor also
requested more engineering information on pavers, as well as maintenance
and performance information from a city that had used pavers for a length of
time. Petitioner did not agree with the condition requiring 4" white stucco
trim bands on all windows and was requested to provide a drawing
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CITY COUNCIL REGULAR MEETING, 12/15/94
supporting their position. Petitioner requested the opportunity to present
information supporting their requested change to condition nine regarding
timing for completion of the 25' landscape buffer, and was directed by the
City Council to provide that information to staff in time for them to
thoroughly study it. Vice Mayor Monroe indicated her preference for larger
parking spaces. All other conditions were resolved, and the City Council had
no problems with the covered parking.
CITY MANAGER REPORT The City Manager announced that on January 18 DOT would make a
presentation regarding State Road Seven at a Northern Palm Beach County
Water Control District meeting, and that on December 20 the County
Commission would vote on the CON and on the County Comprehensive Plan
Amendment. The City Manager suggested the City Council request a
presentation by Robert Frielich, who would be in town on January 23,
regarding dealing with growth management planning, to which the Council
agreed and requested attendance by Planning and Zoning staff.
CITY ATTORNEY City Attorney Baird reported that motion for summary judgement would be
argued in the DeLuca case on Monday.
ADJOURNMENT There being no further business to discuss, motion was made by Councilman
Jablin, seconded by Councilwoman Furtado, and unanimously approved to
adjourn the meeting at 11:26 P.M.
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CITY COUNCIL REGULAR MEETING, 12/15/94
APPROVAL
MAYOR DAVID CLARK
VICE MAYOR LINDA MONROE
COUIVY� MAN JOSEPH RUSSO
COUNCILMAN ERIC JAI31LI
COUNCILWOMAN LAUREN FURTADO
ATTEST:
CINDY HARVEY, DEPUTY CITY CLERK
PAGF. 14
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
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MY POSITION IS:
LECTIVE O APPOI%TIVE
WHO MUST FILE FORM 811
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 112.3143, Florida Statutes.
Nbur 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 count,, 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.
In either case, you should disclose the conflict:
PRIOR TO THE COTE 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 appointive 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 making any attempt to influence the decision b% 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.
C F F0K bl .H vi PACE
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
l , V GSA �'br , hereby disclose that on / `� . 19
(a) A measure came or will come before my agency which (check one)
_ inured to my special private gain; or
inured to the special gain of �" e �" , by whom 1 am retained.
(b) The measure before my.agency and the nature of my interest in the measure is as follows:
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Date Filed Signat
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 $5,000.
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