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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