HomeMy WebLinkAboutMinutes Council 081993Roll Call
ANNOUNCEMENTS
Vice Mayor Monroe
CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
AUGUST 19, 1993
7:30 PM
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 PM, 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 Deputy City Clerk called the roll and present were
Vice Mayor Monroe, Councilwoman Furtado and Councilman
Clark. Councilman Jablin arrived at the meeting at 7:45
PM. Mayor Russo was not in attendance, as he was out -of-
town.
Vice Mayor Monroe stated the announcements were as posted
on the City's Bulletin Boards. Vice Mayor Monroe made a
presentation to Fire Chief, Ed Arrants, for 20 years of
service to the City.
Vice Mayor Monroe made a recommendation to postpone
action on the Holly Drive issue until there is a full
Council and in order to give the public more time to
understand the issue and prepare their comments. Kathy
Babin submitted a letter from the Palm Beach Gardens
Elementary School principal. There was a consensus of
the Council for the City Manager to return to the Council
with this issue when she felt she had enough information.
CITY COUNCIL, REGULAR MEETING OF AUGUST 19, 1993
—MILITARY TRAIL TASK FORCE
2
Vice Mayor Monroe also requested one item be added to the
agenda regarding the Military Trail Task Force. George
DeGuardiola reported on the results of the task force
meetings held over the past several months. In reviewing
the results, Mr. DeGuardiola listed several
determinations:
I . At the present time and for the near future,
traffic congestion was not and will not be a
problem.
2. The issues of safety, specifically, pedestrian
activity, driveway access, cycling and any type of
non - motorized activity is of great importance.
3. The issue of speeding will also be of significant
concern so long as traffic congestion remains low
and roadway remains in its present configuration.
The Task Force prepared three options for consideration
by the City Council:
1. As a temporary measure, stripe out the easternmost
northbound lane of Military Trail and use it solely
for bicycle use. Approximate cost of $12,000.
Permanent in nature and needing further study:
2. Shift the curb line 5' west to create a strip of
land for trees at an approximate cost of $850,000.
3. Move the sidewalk east to create a 4' wide grass
strip to act as a buffer between road and homes on
east side of Military Trail.
Mr. DeGuardiola also suggested the engineering department
review these options and suggested a traffic consultant
be hired to recommend ways of minimizing future traffic
problems on Military Trail. He also asked for further
direction for the task force now that their mission had
been accomplished. Vice Mayor Monroe suggested no
CITY COUNCIL, REGULAR MEETING OF AUGUST 19, 1993 3
further action be taken, with regard to hiring a traffic
consultant, until after the Planning Forum meets; also,
since Military Trail is a County and City of Riviera
Beach issue, such a study should be done on a joint
basis. Staff was requested to contact the County and
determine if they have the funds on hand to effect
suggestion 01 (stripe inside lane) and if they are
willing to share the cost with the City of Palm Beach
Gardens.
JOG ROAD TASK FORCE
City Manager Herakovich introduced Paul Bradshaw who
reviewed the Jog Road removal issue. He advised the
Treasure Coast Regional Planning Council voted to appeal
the DRI development order. The City is defending itself
against the appeal and; the Ecclestone organization has
intervened. A hearing is scheduled for September 23rd
and should last approximately one week. A request had
been received from Roger Saberson representing the
Treasure Coast Regional Planning Council for a 60 -day
postponement in order to let the conference planning
process be held and perhaps resolve the issues in that
process. It was the consensus of the City Council that
the postponement be approved.
ITEMS BY THE
PGA Liqhtinq City Manager Herakovich advised she and Rich Walton
attended a pre - contract meeting regarding the PGA Blvd
CITY COUNCIL, REGULAR MEETING OF AUGUST 19, 1993 4
Landscaping. With regard to underground cable for
electrical lines, she advised there could be future
street lighting there. Direction was needed in regard to
the size, level of intensity of landscaping and
irrigation and appropriate costs; also the strip from
Military Trail to Loehmann's Plaza also had similar
issues. Three intensity levels were presented by Rich
Walton and direction was requested on the Grant Project.
City Manager Herakovich advised there were two issues:
1) going ahead with a modified medium intensity; and, 2)
annual landscape costs. Mark Hendrickson did not have
the exact amount of funds available for landscaping but
agreed to obtain the figure for the City Council. After
discussion, it was the consensus of the City County for
the City Manager and staff to revise the landscape plan
at the lesser /medium level. It was also the consensus of
the City Council to proceed with the Grant, which expires
in December, 1993.
Festa Italiana The City Manager reported on a request from Morgan
Entertainment to hold Festa Italiana the three days after
Thanksgiving. The City Manager Herakovich advised Morgan
Entertainment's costs for City services would be $11,600
of which $2,800 would go to DARE. Mr. Randy Carillo
discussed the Festa and advised the MacArthur Foundation
would donate 10% of their proceeds to DARE. However, the
DARE logo would not be used because of the alcoholic
CITY COUNCIL, REGULAR MEETING OF AUGUST 19. 1993 5
beverages being served on the premises, instead, a Palm
Beach Gardens anti -drug program would be used. It was
the consensus of the City Council for the City Manager to
prepare out an agreement with the City Attorney
indicating those areas as agreed to by Morgan
Entertainment.
Pension Funds
The City Manager reported on the City Pension funds.
There were three separate plans that were in question
from the Division of Retirement. The City Manager stated
she is working with the Division of Retirement to ensure
their office is aware the City is in compliance on at
least one of the three plans and the City is now awaiting
a legal opinion as to the use of funds per Florida
Statutes, Chapters 175 and 185.
Windward Cove
Rich Walton reported on the request from Windward Cove to
omit sidewalks from their development. During the
review, he found that of the 23 homeowners at Windward
Cove, at least two have children. Vice Mayor Monroe
recommended that a workshop be scheduled with the City
Engineer to discuss guidelines for such items as
sidewalks and length of driveways.
ITEMS BY THE MAYOR
AND CITY COUNCIL
Councilman Jablin
Councilman Jablin advised that next Monday, August 23,
1993, there would be a meeting of the Landfill Committee
would be held in the Council Chambers at 7 :30 PM.
—Councilwoman Furtado
CITY COUNCIL, REGULAR MEETING OF AUGUST 19, 1993 6
Councilwoman Furtado advised she attended an MPO meeting
today regarding the Burns Road sidewalk under the I -95
overpass, and there were safety dollars available. City
Manager Herakovich advised the City had already applied
for those funds. Councilwoman Furtado also asked about
the flashing red light on the City Manager's report. The
City Manager reported that the road is a City road, but
the County must warrant any signals and that is why
coordination was required. The County had agreed to
design and install a flashing yellow light on Burns Road
and a flashing red light on the north and south of
Gardens East Drive. The total cost would be
approximately $15,000. The County had requested the City
pay $5,000 of the cost. It would take about 30 days to
design and 30 days to install. After discussion, a
motion was made by Councilwoman Furtado to take these
funds from Council contingency in an amount up to $7,500,
seconded by Councilman Clark. The motion was unanimously
approved by the City Council.
Councilwoman Furtado reported she had received numerous
calls regarding the intersection of Riverside Drive and
Burns Road since Burns Road had been widened. In
response to Councilwoman Furtado, the city Manager stated
staff was looking into the possibility of a light being
installed.
Councilwoman Furtado advised there was a need to monitor
u
CITY COUNCIL, REGULAR MEETING OF AUGUST 19. 1993 7
work crews that are ripping off residents, according to
complaint calls she had been receiving. According to the
City Attorney, a full occupational license is needed if
the company has an office or warehouse within the City.
Vice Mayor Monroe requested the City Attorney put a brief
paragraph together to put in the government news letter
advising that Worker's Compensation and General Liability
are needed and the resident should ask for proof for his
own protection. Vice Mayor Monroe requested the
residents also be advised of the ordinances in an
informal or formal way, such as the noise ordinance.
Vice Mayor Monroe
Vice Mayor Monroe read into the record City Attorney
Brant 's retirement letter, copy attached, and thanked him
for his valuable service and friendship.
Vice Mayor Monroe requested all participants and
observers of the Planning Forum being held next weekend
(Thursday, Friday and Saturday) arrive early.
COMMENTS FROM THE
PUBLIC
Frank Babin
Frank Babin, 10102 Dahlia Avenue, addressed the City
Council regarding the double yellow striping and
reflectors on Dahlia Avenue. City Manager Herakovich
stated the Public Works Department had a paving schedule,
including striping, however, would investigate the issue
and respond to Mr. Babin.
CONSENT AGENDA
A motion was made by Councilwoman Furtado to approve the
CITY COUNCIL, REGULAR MEETING OF AUGUST 19, 1993 8
Minutes of the August 5, 1993 Regular Meeting, seconded
by Councilman Clark. The motion was unanimously approved
by the City Council.
Resolution 92. 1993
After discussion, a motion was made by Councilman Clark
to approve Resolution 92, 1993, establishing a policy as
to the processing of concurrent applications for approval
of a DRI, PCD or PUD and a development order thereunder
or an amendment to a DRI, PCD or PUD and a development
order pursuant to such amendment, seconded by Councilman
Jablin. The motion was unanimously approved by the City
Council.
Resolution 93, 1993
Vice Mayor Monroe expressed concerned regarding "proper
notification ". The City Attorney advised on procedures
that would provide legal evidence of proper notification.
A motion to approve Resolution 93, 1993, amending the
Development Plan for Villa D'Este PUD by providing
centralized mailbox structures in lieu of mailboxes for
each living unit, with the following Amendment to Section
3: "This resolution shall be effective upon Petitioner
providing an Affidavit certifying that the property
owners were notified of the pending action of the Council
and until that is filed, the Resolution shall have no
legal effect" was made by Councilwoman Furtado, seconded
by Councilman Clark. The motion was unanimously approved
by the City Council. Vice Mayor Monroe requested staff
CITY COUNCIL, REGULAR MEETING OF AUGUST 19, 1993 9
make a recommendation on what is expected in a "notice ",
making it as easy and cost --wise as possible.
Resolution 94, 1993
After discussion, Councilman Clark made a motion to
approve Resolution 94, 1993, amending development
requirements for Parcel C -2 PUD located within
Frenchman's Creek PCD, by approving the change of
remaining 17 lots therein from townhouse use to 5 lots
for single family home use, seconded by Councilman
Jablin. The motion was unanimously approved by the City
Council.
RESOLUTION 88, 1993
It was the consensus of the City Council to postpone
Resolution 88, 1993, appointing 3 regular and 2 alternate
members to the Zoning Board of Appeals until there is a
full Council.
RESOLUTION 90, 1993
Petitioner, Jeff Lis, advised Resolution 90, 1993 as
drafted, was acceptable, with two exceptions:
1. Of the two major tenants, Sears wanted white on
white signage with their traditional lettering.
2. Barns & Noble had a distinctive letter style they
wanted used.
Vice Mayor Monroe polled the Council members for their
feelings on these changes (white letters for Sears Home
Life). Councilman Clark had no problem as long as the
Council was consistent on both ends.
Mr. Lis stated that the tenant, Barns & Noble, would
CITY COUNCIL, REGULAR MEETING OF AUGUST 19, 1993 10
occupy a free - standing building. They wished to have
signage exposure facing west, north and east. They also
wished to have green trim on white letter face.
Councilman Jablin said he felt in inside green trim was
inappropriate but outside green trim was OK, and was
amenable to three signs. Councilwoman Furtado approved
the green trim and three signs. Councilman Clark also
agreed with this. Vice Mayor Monroe felt they should
have two signs with red letters on white.
After discussion, it was determined that the property
should not contain the two information signs. It was the
consensus of the Council to approve the signage as
described above. Rich Walton requested updated plans,
`j and the proposed Resolution would be amended to indicate
the changes and placed on the Consent Agenda for
September 7, 1993.
RESOLUTION 101, 1993
Richard Tuttle, Agent for Palm Beach County Board of
Commissioners, presented information on Resolution 101,
1993, approval of Fairchild Avenue Landscaping. Rich
Walton requested Section 1., Condition #2 be amended to
add, at the end of the sentence, "and same shall be
indicated on the plat of Fairchild Avenue Extension ". A
motion to approve Resolution 101, 1993, as amended was
made by Councilman Clark; seconded by Councilman Jablin.
The motion was unanimously approved by the City Council.
CITY COUNCIL, REGULAR MFFTING OF AUGUST 19, 1993
RESOLUTION 103. 1993
11
Mr. Lee Worsham, representing Home Depot, made a
presentation indicating a minor expansion of the store,
of about 25 %, with the garden center being expanded 150 %.
Among items of concern, Mr. Worsham discussed proposals
for expanding the loading zone, and making a second one
at the garden center as recommended by the Planning &
zoning Commission, and relocation of a garage store.
Vice Mayor Monroe requested clarification of the size of
parking spaces, as she would not approve any lesser
amount of 10x20 spaces than were currently there. Mr.
Rocky Biby of Kimley Horn & Associates stated the only
10x20 spaces existing in the Center are in two areas.
All others are 9' wide. Vice Mayor Monroe requested
staff verify this and the exact number of 10x20 parking
spaces existing in the Center. Keith Pelan of Urban
Resource Group reviewed the landscaping changes for the
Center. Councilman Clark recommended a bench be placed
at the garden center entrance. Changes to Paragraph 8
under "Conditions" of Resolution 103, 1993 were
recommended as follows:
1. 4th line, "Any changes" shall be changed to read,
"Any major changes ".
2. Last line, delete words "of business each day ".
Councilman Clark made a motion to approve Resolution 103,
1993, site plan approved of Home Depot expansion as
amended, seconded by Councilwoman Furtado. The motion was
CITY COUNCIL, REGULAR MEETING OF AUGUST 19, 1993 12
-- unanimously approved by the City Council.
RESOLUTION 104, 1993
After review, it was the consensus of the City Council to
amend Exhibit "A "'s contribution rate from 12% to 11% and
add the wording "at the option of the City Manager" at
the end of the sentence. A motion was made to approve
Resolution 104, 1993, approval of amendment to City
Manager's employment contract, as amended, by
Councilwoman Furtado; seconded by Councilman Clark. The
motion was unanimously approved by the City Council.
Ordinance 15. 1993 Per a consensus of the City Council, the Deputy City
Clerk read Ordinance 15, 1993, amending Ordinance 21,
v 1992, the Budget Ordinance for Fiscal Year 1992/1993, by
title only, on first reading.
ITEMS FOR DISCUSSION
Parkway System Kim Glas, Planner, reported on the staff's findings and
recommendations for an area consisting of PGA Blvd,
Central Blvd, Hood Road and the future north /south
alignment east of the Slough. Maintenance of the parkway
was a consideration and several suggestion were made,
such as the City maintaining the Parkway and assessing
the property owners fronting on the proposed parkway;
using natural landscaping which would have less
maintenance expense. City Manager Herakovich expressed
concern the Parkway could become patchwork because of the
CITY COUNCIL, REGULAR MEETING OF AUGUST 19, 1993 13
trend towards smaller developments. Staff requested the
plan be prepared for Resolution so they can go forward in
talking to local developments and firm up their plans.
The City Attorney asked for verification that the City
would collect the money for maintenance and the City
would maintain the parkway. His concerns included that
the Promenade went into Chapter 11 and the City must
anticipate bankruptcy by a development or lack of payment
because an Association cannot agree, etc. and there must
be documentation in recordable form as to the maintenance
of the parkway fronting the applicable property and the
irrigation should be under the direct control of the
City. Vice Mayor Monroe requested the City Attorney and
Rich Walton work together to resolve these problems and
report back to the City Council.
Councilwoman Furtado stated her concern about the
pedestrian bridge on Northlake Blvd at the Turnpike
overpass had no protection for pedestrians. She asked if
the pedestrian areas of this proposed parkway were open
or protected and was advised the protection would be
similar to that on Central Blvd.
The City Manager brought up a scenario the City could now
face if the developer were to request a trade off of
recreation open space /parkland requirements. Staff
recommended the Parkway would not substitute for open
active park space but thought that decision could be
CITY COUNCIL, REGULAR MEETING OF AUGUST 19, 1993 14
- challenged. Vice Mayor Monroe suggested a percentage
credit, perhaps 40 -60 %, as a compromise. Staff was
requested to make a recommendation based on the intent
and if a compromise would be viable. Vice Mayor Monroe
also suggested the developer have a minimum distance that
would be required, possibly 3001.
Vice Mayor Monroe Vice Mayor Monroe reminded everyone there would be a City
Employee picnic on Saturday, the 28th.
ADJOURNMENT There being no further business to discuss, the meeting
adjourned at 10:50 PM._---
APPROVAL
MAYOR RUSSO
VICE MAYOR MONROE
E�XA'M. RIEF, DEPUTY CITY CLERK
6-W
COUNC�WOMAN FURTADO
COUNCILMAN CLARK
PALM BELCH GARDENS ELEMENTARY SCHOOL
MICHAEL P. BOROWSKI, PRINCIPAL
..� LINDA A. VALENTE, ASSISTANT PRINCIPAL
Bobbie Her4ovich
City Manager
Palm Beach Gardens
August 19, 093
Dear Ms. Hetakovich;
I telephoned you today, but you were not able to take or return my
call. Therefore, I am writing to you to express some of my
concerns. As Principal of Palm Beach Gardens Elementary School,
I was disheartened to learn that you are considering the removal
of the safety barrier on Holly Drive which has protected our
children for many years.
Palm Beach Pardens has long stood tall as a municipality which put
families and children first. This has been evidenced to me by the
consistent 'efforts and cooperation of the Police Department,
Recreation Department, and the office of the City Manager. I feel
that the "i0conveniencing" of automobile drivers on Holly Drive is
a prime example of the city's family - oriented history.
I understand, however, that you must also address vehicular safety
and the many questions of liability which this issue bears for both
drivers andlpedestrians.
My primary 'concern is the timeline in which you are considering
this change. School reopens in just a few days, and our students
have become accustomed to having the protection of the buffer lanes
along Holly, Drive as they travel to and from school. Should you
decide to remove the "barrier" on such short notice; I feel that
neither the parents of the community nor my staff will have
adequate opportunity to re -brain the children regarding the revised
traffic pattern.
Therefore, II am asking for your consideration to remain diligent
in your efforts to protect our children by maintaining the "buffer
lanes" aloW Holly Drive. However, should this not be possible,
I ask thatl revision$ not be taken without sufficient time and
notice to t�e community. 4
Perhaps th s issue would blest be resolved by developing a task
force including all. of the facets of the community who are effected
by this issue. I would be more than happy to participate and
assist with''such an endeavor.
10060 RIVERSIDE DRIVE - PALM BEACH GARDENS • FLORIDA 33410 • (407) 694 -7364
I know that there are many factors to consider, and I don't envy
your position. I trust that you will make the right decision for
the children and all citizens of Palm Beach Gardens. Please do not
hesitate to call me at 694 -7364 if I can be of assistance
Sincerely,
Michael P. Borowski
Principal
cc: Joseph Russo, Mayor
Linda Monroe, Vice -Mayor
Eric Jablin
Lauren Furtado
David Clark
IN
August 19, 1993
Palm Beach gardens City Council Meeting
Holly Drive Issue
Christopher R. Mora, Professional Engineer in the County Traffic Engineering Dept. stated
in his July 1st letter to PBG Police Chief that the policy PBG has of closing the north side
of Holly Drive is not safe as it now stands. However, yesterday my husband Frank, who
has 8 years of safety engineering experience, discussed the letter with Mr. Mora who
agreed that improvements could be made which would allow the practice to continue in a
safe manner.
Mr. Mora's letter also stated that we needed to consider more sophisticated pavement
markings or road signs. My question is then why were the "old" markings put down two
weeks ago during the repaving of Holly Drive?
At the City Council meeting last January, Mrs. Furtado stated that she and Sam went out
one morning at 7 a.m. to see how many children used the roadway. 2 p.m. is when the
traffic should be observed; when the students walking, on bikes and picked -up in vehicles,
leave the campus "all at once "! If Holly Drive is opened to vehicular traffic on both sides
and parents choose not to let their children ride their bikes or walk to school you will be
adding to an already overcrowded situation at the intersection of Holly and Riverside. I
checked the school records this morning and approximately 150 students live in the area
and can walk or ride their bikes to school on Holly Drive. This number does not include
students just registering for school.
One of the arguments for opening Holly Drive to traffic that it the situation causes too
many automobile accidents. I reviewed the accident report for 1992 and found that 5
accidents occurred on Holly during the hours it is closed on school days. Maybe
barricades were part of the cause, maybe carelessness was the cause or maybe not
being able to see through some of the vegetation on the medians on Holly was pail of
the cause for some of these accidents. I was unable to obtain the accident reports since
January of this year.
In January, Mrs. Furtado also suggested that we extend the sidewalks along Holly f)nve
and build a barrier of some sort to separate the roadway from the sidewalk. This proposal
brings up a few questions.
1. How do you get all of the children to fit into the same space at the same time.
Five year olds with training wheels on their bikes will be riding in the same area
eleven year olds will be riding on. All of the children will be anxious to get home
and they are not courteous group. Unfortunately what will happen is that the older,
faster riders will choose to go around the barrier and ride directly on I Iolly Drive
with the traffic.
2. If you put too many bikes in the same place they are going to bump. wheels
will get locked and children will fall off of their bikes, into each other and into
the barrier.
3. Where do the children who are walking home walk without fear of getting run over
by a bicycle.
Another issue with Mrs. Furtado's suggestion is that I do not think the homeowners
on Holly Drive will be very happy knowing that their front and side yards will be turned
into concrete slabs with wooden barriers.
Last year I seat a questionnaire out to the parents of children at Palm Beach Gardens
Elementary. I received an overwhelming response all in support of keeping Holly Drive
as it is. Some of those responses were from families using Holly but some were from
families who drive their children to school but appreciate that we are providing safe
passage to the children in the neighborhood. A few good reasons to keep Holly closed of
are as follows:.
1. Keeping the north side of Holly Drive keeps the students leaving the
high school at 2:30 a little bit more aware of the speed limit on Holly.
2. Children on the south side of Holly would have 4 lanes of traffic to cross.
With no sidewalks on the south side the children would have to walk along
Holly until they reached a corner with a crossing guard.
3. Last January when this was first suggested the crossing guards, many of them with
years of experience, said they felt that not only would their safety be in jeopardy
but they feared for the children. They felt it would be difficult to control 4 lanes of
traffic.
Before I came to this meeting I spoke with Mrs. Furtado and she did tell me that a task
force would be formed to study this issue and reach a compromise that is acceptable to
everyone. As a parent, teacher and President of the PTA at Palm Beach Gardens
Elementary School I would very much appreciate an invitation to join this task force
No other community I know of has a system like this for their children, it is something
Palm Beach Gardens can always be proud of - our children come first. We need to make
the corrections the safety engineers recommend but we need to continue the policy of
protecting our children.
Thank you for your time.
Kathy Babin
10102 Dahlia Avenue
Palm Beach Gardens
�. 626 -0399