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HomeMy WebLinkAboutMinutes Council 0121931Z 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