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CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
JANUARY 21, 1993
The Regular Meeting of the City Council of the City of Palm
Beach Gardens, Florida, was called to order by Mayor Martino
at 8:00 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
Martino, Vice Mayor Russo, Councilwoman Monroe, Councilman
Jablin and Councilwoman Furtado.
ANNOUNCEMENTS The Mayor stated the announcements were as posted on the
City's Bulletin Boards.
ITEMS BY THE
rY MANAGER
DORAN TRI -PLEX Councilwoman Monroe made a motion, seconded by Vice Mayor
Russo, reconfirming the consensus of the City Council at the
Workshop Meeting of 1/14/93, which authorized the City
Manager to negotiate the right -of --way abandonment re: Doran
Tri -Plea. The motion was unanimously approved by the City
Council.
ITEMS BY MAYOR
COUNCILWOMAN
FURTADO In response to Councilwoman Furtado, the City Clerk reported
the City Manager evaluation forms would be completed by next
week.
COUNCILWOMAN
'NROE In response to Councilwoman Monroe, Mayor Martino stated the
CITY COUNCIL REGULAR MEETING, 1121/93 PAGE 2
list of pending items would be scheduled for the workshop
meetings and felt the Landscape Code and the LDR's should
have priority.
MUNICIPAL LEAGUE Mayor Martino stated the Municipal League would hold a
meeting on Wednesday, 1/27/93, at 10:30 AM, in West Palm
Beach.
COMMENTS FROM
THE PUBLIC
HANK SKOKOWSKI Mr. Skokowski addressed the City Council re: Resolution 8,
1993. Mr. Skokowski requested the Council postpone approval
of Resolution 8, 1993, to allow the private sector time for
further discussion with staff on this issue.
Per a consensus of the City Council, Resolution 8, 1993,
approval of policy on submittal deadline date for petitions,
was removed from the Consent Agenda to allow the private
sector to submit comments to the Planning and Zoning
Department for review and comment. Staff would report back
to Council at the Regular City Council meeting of 2/4/93.
DAN EAGLE Mr. Eagle, 5 Sutherland Court, addressed the City Council
and submitted a letter, (copy attached) to the Council re:
expiration of terms on the Code Enforcement Board.
In response to Mr. Eagle, the City Manager stated the board
members terms would continue in effect until they are
reappointed or replaced.
SAM CARSILLO Mr. Carsillo, 10063 Dahlia Ave., addressed the City Council
re: new police building, FBI crime lab school in Washington,
D.C., bike paths, Holly Drive, heli pad and districting.
CITY COUNCIL REGULAR MEETING, 1/21/93 PAGE 3
O-ONSENT AGENDA Per a request by Attorney Raymond Royce, Item #5, approval
of amendments to Resolution 5, 1993, Approval of Dry Permit
for BallenIsles Parcel 18, as directed at the Special
Regular Meeting of 1/14/93, was pulled from the Consent
Agenda, along with Item #8, Resolution 8, 1993, approval of
policy on submittal deadline date for petitions.
Councilwoman Monroe made a motion, seconded by Councilman
Jablin, to approve the following items on the Consent
Agenda:
1.
Approval of Minutes
of Regular
Meeting of 1/7/93.
2.
Approval of Minutes
of Special
Regular Meeting of
1/14/93.
3.
Approval of Minutes
of Workshop
Meeting of 1/14/93.
4.
Proclaiming 1/25/93
as "Arbor
Day ".
6.
Resolution 6, 1993
- Approval
of amendment to Site Plan
for Trinity Methodist
Church.
7.
Resolution 7, 1993
- Approval
of minor amendment to the
Oakbrook Corporate
Centre PUD
for an additional sign
and variance to landscaping.
9.
Resolution 9, 1993
- Approval
of Plat of "Monterey
Point No. 211, a PUD
created by
Resolution 104, 1992.
The motion was unanimously approved by the City Council.
ITEMS FOR
DISCUSSION
GOLD'S GYM Rich Walton, Director of Planning and Zoning, addressed the
City Council stating Gold's Gym had expressed interest in
expanding their facility and staff felt the issue should be
discussed with the Council before proceeding. Mr. Walton
stated Gold's Gym leases the majority of one of the
buildings north of Publix in the Promenade. Mr. Walton
stated they wished to expand 6,000 square feet, which would
be a 50' expansion straight back east toward the residential
CITY COUNCIL REGULAR MEETING, 1/21/93 PAGE 4
-- area. In response to Mayor Martino, Attorney Brant stated
this would be a PUD modification.
Councilwoman Furtado expressed concern re: a turnaround area
for Publix's trucks.
In response to Vice Mayor Russo, Mr. Walton stated the owner
of the property would be the one to request the PUD
modification.
Councilwoman Monroe felt traffic circulation in the rear of
the shopping center should be addressed before proceeding.
Charles Perdicaro, owner of Gold's Gym, addressed the City
Council stating they were also looking at expanding both
sides of their facility, however, the leases on those units
had not expired.
Mayor Martino stated there appeared to be a willingness of
the Council to look into this option, however, there was no
certainty of the outcome.
Councilwoman Monroe felt the surrounding property owners
should be notified of any public hearings regarding this
issue and suggested Mr. Perdicaro speak to them before
proceeding.
There was a consensus of the City Council that notification
of any public hearings be provided to the surrounding
property owners.
The City Manager felt one of the critical issues for the
residents along Gardens East Drive would be the proposed
curb cut.
CITY COUNCIL REGULAR MEETING, 1/21/93 PAGE 5
Vice Mayor Russo suggested Mr. Perdicaro discuss the
expansion with Publix and the surrounding neighbors before
pursuing this issue.
STEEPLECHASE
VEGETATIVE BERM Mr. Walton stated Waldemar Schickedanz of Schickendanz
Brothers, Inc. was proposing to amend the Steeplechase
Planned Unit Development to install a vegetative berm, a
wall and a chain link fence along the eastern boundary of
the PUD. Mr. Walton stated the boundary area was located
between Steeplechase PUD and the Woodbine development,
located in Riviera Beach. Mr. Walton stated the proposed
amendment was settlement of a lawsuit filed against the
Woodbine development by the Steeplechase PUD Homeowner's
Association. Mr. Walton stated the petition had been
authorized by William B. Hall, Chairman of the Steeplechase
Safe Neighborhood District, owner of the common property.
Mr. Walton stated Attorney Brant had indicated Mr. Hall's
authorization was all that was required for staff to review
this petition. City Engineer, David Getz, had indicated the
petitioner had addressed all of his concerns. City
Forester, Mark Hendrickson, had indicated the proposed Ficus
trees were not cold tolerant and the proposal would allow
the Brazilian Pepper and Malaleuca to remain. Peter L.
Pimentel, Executive Director of Northern Palm Beach County
Water Control District, owner of Tract D -2, had requested
the amendment not take effect until after the successful
completion of the conveyance of this portion of Tract D -2 to
CITY COUNCIL REGULAR MEETING, 1121/93 PAGE 6
the Steeplechase Safe Neighborhood District and the
amendment to the PUD should not be binding upon Northern
Palm Beach County Water Control District nor should the
District be required to construct or install any
improvements within the tract.
In response to Councilwoman Monroe, Mr. Walton stated all of
the property was located within the City of Palm Beach
Gardens.
The Council expressed a concern regarding the exotics, and
discussion ensued on whether to leave them in or require
them to be removed.
Bob Bentz, representing Steeplechase and working for
Woodbine, addressed the City Council and gave a brief
history of the Woodbine approval and the lawsuit filed by
Steeplechase. Mr. Bentz stated the proposal was to plant
142 ficus trees along the boundary area and over 500 Spanish
Bayonnet. Mr. Bentz stated a solid wall, approximately 600
to 700 feet long, would be constructed, along with a chain
link fence. Mr. Bentz stated Steeplechase had also
requested a 6 foot high berm approximately 36 feet wide.
Mr. Bentz stated Steeplechase wanted to screen out the
Woodbine development as much as possible and that was one of
the primary reasons to retain the Brazilian Pepper and
Malaleuca. Mr. Bentz stated the settlement of the lawsuit
hinged upon the approval of this amendment.
Vice Mayor Russo requested members of the Steeplechase
CITY COUNCIL REGULAR MEETING, 1/21/93 PAGE 7
Homeowner's Association meet with staff to determine if the
recommendations made by staff were acceptable.
In response to Mayor Martino, Mr. Bentz stated Tract D -2, a
drainage tract, was located outside of the Steeplechase PUD
and was owned by the Northern Palm Beach County Water
control District. Mr. Bentz stated the tract would be
deeded over to the Steeplechase residents and the canal
would be maintained by the Steeplechase Homeowners
Association.
Mr. Ellington stated Tract D -2 would be included in the
amendment to the PUD and the legal description would be
included in the approval documents.
In response to Mayor Martino, Attorney Brant stated if the
Council determined this to be a minor amendment to the PUD,
that would eliminate the Planning and Zoning Commission and
could be brought before the Council for final consideration.
There was a consensus of the City Council directing staff to
prepare the necessary documents for the next Council Agenda
as a minor amendment to the PUD for workshop and
consideration of approval.
LAND DEVELOPMENT
REGULATIONS Mr. Ellington addressed the City Council stating the draft
of the Land Development Code had been before the City
Council several times, the last time being 7/23/92. At that
meeting, the Council had directed staff to submit the draft
to the Planning and Zoning Commission for their comments and
recommendations prior to setting the Code for first reading.
CITY COUNCIL REGULAR MEETING, 1121/93 PAGE 8
Mr. Ellington stated at the 11/24/92 Planning and Zoning
Commission meeting, a public hearing was held to recommend
their comments and recommendations to the City Council. Mr.
Ellington stated the comments from the Planning and Zoning
Commission were included in Council's package. Mr.
Ellington reviewed the recommendation of the Planning and
Zoning Commission to rewrite Article II, Amendment,
Application and Review Procedures and the recommendation to
reduce densities in the Residential Medium Density District
and the Medium Density Residential PUD.
Attorney Brant stated before the density reduction could be
made under the Zoning Code, an amendment to the City's
Comprehensive Plan to either reduce the land use densities
or add new density categories would be required.
In response to Councilwoman Monroe, Mr. Walton stated the
zoning district on lands recently annexed had not been
addressed. Councilwoman Monroe felt this issue should be
addressed as a workshop item.
Mayor Martino stated he disagreed with the comment of the
Planning and Zoning Commission to lengthen the process and
felt staff should have more responsibility.
Mr. Ellington distributed copies of the comparison of the
LDR's to the current Zoning Code to the Council.
Vice Mayor Russo suggested staff sit down with the new
councilmembers and bring them up to date on the issues
before proceeding.
CITY COUNCIL REGULAR MEETING, 1/21/93 PAGE 9
Councilwoman Monroe stated she would like staff to look at
an option to address the affordable housing issue and felt
TDR, Transfer Development Rights, could possibly be a
solution.
RESOLUTIONS
RESOLUTION
5, 1993 Raymond Royce, representing Petitioner, addressed the City
Council and stated at the last meeting of the Council, a
request was made for indemnification with MacArthur a
holding corporation, fee title owner, to be the
indemnification party. Attorney Royce stated he learned
today that would not be possible as the board of the
MacArthur Foundation had a strong policy against
indemnifications as the Foundation was a charitable
organization and could not be considered a developer for tax
purposes. Attorney Royce stated Hansen - Florida II was the
developer of BallenIsles, and would be building the model
and upon whom all the restrictions would be placed.
Attorney Royce requested on page 2 of Section 1, 5.a. the
"fee owner" be changed to "developer ".
Attorney Brant stated the resolution came forward with
several safeguards, along with the reservation contract, and
the probability of lawsuits concerning liability was
extremely remote.
Vice Mayor Russo stated he had raised the original issue and
felt the rest of the Council needed to decide if there was
any liability associated with this approval and stated he
CITY COUNCIL REGULAR MEETING, 1121/93 PAGE 10
-- was not going to comment as he was not going to vote for
approval.
Councilwoman Furtado stated she was uncomfortable with the
project from the beginning, however, because of the
inclusion in the Resolution of the hold harmless clause, she
had felt more comfortable. Now, she felt they were losing
some of that comfort level.
In response to Councilwoman Monroe, Attorney Brant stated a
cash bond or performance bond could be posted to cover a
possible lawsuit.
Councilman Jablin also expressed concern regarding a
possible lawsuit and suggested a cash bond or performance
bond to cover attorney's fees.
Attorney Royce stated Hansen - Florida II would be willing to
name the City of Palm Beach Gardens as an additional insured
on their insurance policy.
Attorney Brant stated a cash escrow deposit could be
established which required two (2) signatures to withdraw
funds, perhaps in the amount of $10,000, to be released when
the model was removed from the site.
Attorney Royce stated Mr. Hansen would be agreeable to that
condition.
Per a consensus of the City Council, Attorney Brant read
into the record the following amendments to Resolution 5,
1993: page 2, Section 1, 5.a.; "Hansen- Florida II
Corporation shall indemnify and hold the City harmless of
CITY COUNCIL REGULAR MEETING, 1121/93 PAGE 11
any claims and suits arising out of the approval granted by
this Resolution. In addition thereto, Hansen - Florida II
Corporation shall post the sum of Ten Thousand Dollars
($10,000) in a local bank, in an escrow account, requiring
two (2) signatures (City and Hansen- Florida II Corporation)
to withdraw said sums of money unless Palm Beach Gardens is
made a party defendant in a suit resulting from the action
under this Resolution, whereupon the City can immediately
draw the monies down. This escrow requirement shall remain
in full force and effect until such time as the building is
required to be demolished and removed from the site in
accordance with the terms of the Resolution. ", and,
page 2, Section 1, 6, line 2; delete "or the City Council
`J otherwise modifies the following terms and conditions, ".
Councilwoman Monroe made a motion, seconded by Councilman
Jablin, to approve Resolution 5, 1993, as amended and read
into the record by Attorney Brant.
Vice Mayor Russo stated he would not be voting for this
resolution for reasons previously stated and the deletion of
the hold harmless clause.
Councilwoman Monroe told Attorney Royce to not count this
action as a definite approval of the project.
The motion was approved by a vote of 4 ayes and 1 nay. The
nay vote was cast by Vice Mayor Russo for reasons previously
stated.
CITY COUNCIL REGULAR MEETING, 1/21/93
R`SPORTS BY MAYOR
PAGE 12
COUNCILWOMAN
MONROE Councilwoman Monroe stated after the first meeting of the
North Area Planning Forum Steering Committee, she had
distributed copies of the minutes prepared by staff at the
Council meeting of 1/14/93. Councilwoman Monroe expressed
disappointment that the only municipality which had chosen
not to attend was Riviera Beach. Councilwoman Monroe stated
the first aim was to prepare a mission statement. A draft
was presented at yesterday's meeting and would be redrafted
and submitted to the whole committee for adoption and
approval at the next scheduled meeting on Wednesday,
1/27/93. Councilwoman Monroe stated also on the 1/27/93
agenda, the committee would begin discussion re: format.
Councilwoman Monroe stated the committee was looking for the
municipalities and local governments, by resolution, to
endorse the concept of the mission statement. Councilwoman
Monroe stated the planning forum should be in place by the
end of May or first of June.
COUNCILWOMAN
RTADO Councilwoman Furtado stated she had received several
communications from residents of enclaves, i.e. crystal
Pointe and areas off RCA Boulevard re: annexation by the
City.
In response to Councilwoman Furtado, Vice Mayor Russo stated
the residents of these enclaves had not wanted to pay
additional taxes to bring the roads and drainage systems up
CITY COUNCIL REGULAR MEETING, 1121/93 PAGE 13
to City standards.
In response to Councilwoman Monroe, the City Manager stated
the County was working on an incentive plan for a matching
dollar concept to bring the roads and drainage up to
standards in areas that had private streets, but they must
first make the streets public to do this. The City Manager
stated the City wanted the roads brought up to City
standards and did not want to ask the taxpayers of Palm
Beach Gardens to pay for the upgrades. The City Manager
stated the County was to do an indepth study of the number
of roads in need of repairs and the necessary drainage
systems which needed to be in place and the cost of same.
when this report got back to the County, they decided they
did not want to spend that amount of money and asked the
City to do it. The City stated if the County came up with
the 50/50 matching funds, the City would place the issue on
a referendum.
In response to Councilwoman Monroe, Mr. Walton stated he
received information last week regarding the incentive
program and would provide Council with copies.
In response to Councilwoman Furtado, Mr. Walton stated the
areas included in the Interlocal Agreement was everything
from the Intracoastal west to the City limits.
In response to Councilwoman Furtado, the City Manager stated
the area around Keating Drive would require a referendum
vote by City residents and residents in the annexation area,
CITY COUNCIL REGULAR MEETING, 1121193 PAGE 14
however, 51% of the voters in that area would have to
petition the City for annexation.
Vice Mayor Russo stated he would not vote for any
annexations until the City had plans to build a new police
department and take care of public works and all other
facilities.
Councilwoman Monroe suggested staff annually prepare a
handout with the current millage rate and taxing fees for
citizens of these enclave areas.
ADJOURNMENT There being no further business to discuss, the meeting was
adjourned at 10:13 P.M.
APPROVAL %% ,
MAYOR MARTINO
C AYOFYrRUSSO
i
C,,-I,AV. V. KOSIER, CITY CLERK
COUNCILWOMAN MONROE
U 4�N
COUNCILWOMAN FURTADO
1/21/93
Ladies and Gentlemen of the City Council;
As Chairman of the Palm Beach Gardens Code Enforcement
Board, I feel it is my responsibility to bring the following
matter to your attention.
At last months Code Board meeting, it was discovered
that of the seven Boardmembers, three had terms that had
expired on November 20, 1992. In addition, two.,members
terms will expire on March 5, 1993.
Should all of these expirations occur, the board will
not be able to attain a quorum as of March 6, 1993.
At this moment, Ms. Barbara Byerly, Ms. Linda Kozier
and myself are endeavoring to ascertain as to whether the
members whose terms have recently expiredp or are about to
expire,are still interested in serving on the Board.
This information will be compiled and presented to
you for the appropriate action.
As Chairman of the Code Enforcement Board, I take
full responsibility for this oversight. I also believe
that the onus to correct this unfortunate situation rests
in my court.
You can expect to have the necessary information for
correcting this problem in your hands in two weeks or less.
I apologize for any inconvenience which this matter
may cause.
RON