HomeMy WebLinkAboutMinutes Council 031893CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
MARCH 18, 1993
The Regular Meeting of the City Council of the City of Palm
Beach Gardens, Florida, was called to order by Vice Mayor
Russo 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 Vice Mayor
Russo, Councilwoman Monroe, Councilman Jablin and
Councilwoman Furtado.
Resolution
24, 1993 Councilman Jablin made a motion, seconded by Councilwoman
Furtado, to approve Resolution 24, 1993, declaring the
results of the City's General Election held March 9, 1993,
to fill the Group 1, 3 and 5 City Council Seats. The motion
was unanimously approved by the City Council.
ADMINISTRATION OF
OATHS OF OFFICE The City Clerk administered the Oaths of Office to David
Clark, Eric Jablin and Lauren W. Furtado, who were elected
in the March 9, 1993, General Election, for three -year
terms, to City Council Groups 1, 3 and 5, respectively.
REORGANIZATION
APPOINTMENT OF
TEMPORARY
CHAIRMAN Councilwoman Monroe made a motion, seconded by Councilman
Jablin, for Vice Mayor Russo to be appointed Temporary
Chairman to elect a Mayor and Vice Mayor. The motion was
CITY COUNCIL REGULAR MEETING, 3/18/93 PAGE 2
-- unanimously approved by the City Council.
APPOINTMENT OF
MAYOR Councilman Jablin nominated Joseph Russo for Mayor.
Councilwoman Monroe made a motion, seconded by Councilwoman
Furtado, to close the nominations for Mayor.
Per a unanimous vote of the City Council, Joseph Russo was
declared Mayor.
APPOINTMENT OF
VICE MAYOR Councilwoman Furtado nominated Linda Monroe for Vice Mayor.
Councilman Jablin made a motion, seconded by Councilman
Clark, to close nominations for Vice Mayor. Per a unanimous
vote of the City Council, Linda Monroe was declared Vice
Mayor.
APPOINTMENT OF
Two DEPUTY
rASURERS Per a unanimous vote of the City Council, Lauren Furtado and
David Clark were appointed Deputy Treasurers.
APPOINTMENT OF
CHAIRMAN PRO -TEM Per a unanimous vote of the City Council, Eric Jablin was
appointed Chairman Pro -Tem.
RESOLUTION
25, 1993
Councilman Jablin made a
motion,
seconded by Councilwoman
Furtado, to approve Resolution 25,
1993, appointing Joseph
Russo as Mayor and Linda
Monroe
as Vice Mayor of the City of
Palm Beach Gardens. The
motion
was unanimously approved by
the City Council.
RESOLUTION
26, 1993
Vice Mayor Monroe made a
motion,
seconded by Councilwoman
Furtado, to approve Resolution 26, 1993, setting forth those
CITY COUNCIL REGULAR MEETING, 3/18/93 PAGE 3
persons who are authorized to sign and countersign City
checks. The motion was unanimously approved by the City
Council.
MAYOR RUSSO Mayor Russo thanked the residents in attendance this
evening, his wife and children, and the members of the
Council for their confidence in electing him Mayor. Mayor
Russo stated the City would move forward and be better than
ever before with a unified City and Council. Mayor Russo
thanked Mr. Orr for his 19 years of dedicated service to the
City and wished him well in his retirement. Mayor Russo
also expressed his thanks to Michael Martino, Don
Kiselewski, Dick Aldred and all other former members of the
City Council for their dedication and hard work for the good
of the City of Palm Beach Gardens. Mayor Russo proposed
forming ad hoc committees consisting of city residents to
work with the Council on the various issues confronting the
City at this time.
COUNCILWOMAN
FURTADO Councilwoman Furtado thanked her family and campaign workers
for their support and hard work.
COUNCILMAN
JABLIN Councilman Jablin thanked his family for their support and
his campaign workers for their hard work.
COUNCILMAN
CLARK Councilman Clark thanked his family for their support and
his campaign workers for their hard work.
CITY COUNCIL REGULAR MEETING, 3/18/93 PAGE 4
GEMS BY THE
CITY MANAGER
CITY MANAGER
SEARCH The City Manager reported Bob Slavin, of slavin, Nevins &
Associations, would be available to meet with the Council
members on March 24, 25 and 26th to obtain their input
before advertising for the City Manager position.
GOLF COURSE
REVENUE BONDS
REFUND The City Manager stated Joe Wise, of Wm. R. Hough & Company,
had provided information to the Council members regarding
the refunding of the golf course revenue bonds.
Mayor Russo recommended the Council review the material and
a workshop meeting be scheduled for Mr. Wise to further
discuss the issue.
ITEMS BY MAYOR
MAYOR RUSSO After discussion by the City Council, Councilman Jablin made
a motion, seconded by Councilwoman Furtado, to appoint
Bobbie Herakovich as Acting Assistant City Manager until
such time as a permanent City Manager was chosen. The
motion was unanimously approved by the City Council.
Mayor Russo stated compensation for the additional hours
Mrs. Herakovich would be devoting to this position would be
discussed at a later date.
After discussion by the City Council, there was a consensus
of the Council to schedule the Emergency Medical Services
public information meeting on Wednesday, March 24, 1993, at
7:00 p.m. at the Community Center.
CITY COUNCIL REGULAR MEETING, 3/18/93 PAGE 5
After discussion by the City Council, there was a consensus
of the Council to schedule Council meetings on the 2nd and
4th Thursdays of the month. The meeting on the 2nd Thursday
would be utilized as a workshop meeting for items to be on
the Agenda and the meeting on the 4th Thursday would be
utilized as a discussion meeting for the Council's pending
list, with the meetings commencing at 7:30 p.m.
Mayor Russo recommended having a directional meeting on
Thursday, February 25, 1993, to prioritize the pending list
and discuss the procedures for same.
After discussion by the City Council, there was a consensus
of the Council to schedule a public information meeting on
the landfill located on the northeast corner of the Florida
Turnpike and Northlake Boulevard, on Monday, March 29, 1993,
at 7:00 p.m. at the Community Center, or Tuesday, March 30,
1993, if Monday was inappropriate.
COUNCILWOMAN
FURTADO Councilwoman Furtado reported on the Metropolitan Planning
Organization meeting held today. There was an approval of a
direct interchange from I -95 to the Palm Beach international
Airport to alleviate traffic in the Southern Boulevard and
Belvedere Road area.
Councilwoman Furtado stated she also met with Irving Cure,
Executive Director of Co -Tran, at the MPO meeting and he
offered Co- Tran's assistance in helping to alleviate the
problem with students travelling to the High School on the
�- County school busses, not staying on the school grounds, and
CITY COUNCIL REGULAR MEETING, 3/18/93 PAGE 6
�- vandalizing the neighborhood.
In response to Councilwoman Furtado, the City Manager
stated, at this time, all required numbers had not been
received regarding cost of signage along Holly Drive.
In response to Councilwoman Furtado, the City Manager stated
the request to forward a letter to the Chairperson of each
City Advisory Board requesting their input would need to be
generated from the Mayor's office.
Mayor Russo stated he would be attending each advisory board
meeting and would discuss this issue with them. Mayor Russo
stated he would apprise them of the direction the Council
was taking and request their input.
Councilwoman Furtado stated in reference to the pension
funds, it was her understanding that in May 1992, the City
Council had amended an ordinance which made the City the
Pension Board for the General Employee Pension Fund.
Councilwoman Furtado stated Lee Dehner, pension attorney for
the Fire Department, would be in town on March 25, 1993, to
attend the Fire Department Pension Board Meeting and had
offered to speak to the Council re: pension funds.
The City Manager stated the Council had adopted an Ordinance
requiring employees to contribute 60 of their weekly pay, as
opposed to 5 %, however, the payout was increased to 2.50
from 2% of a final monthly salary times the number of years
of service. The City Manager stated a disability clause was
added to the pension fund along with several other items.
CITY COUNCIL REGULAR MEETING, 3118/93 PAGE 7
The City Manager stated, in addition, the police officers
were allowed to get back in the fund on a one time basis
with a one week window of opportunity.
Mayor Russo requested Mr. Dehner be contacted and scheduled
to speak to the Council at the 3/25/93 workshop meeting.
VICE MAYOR
MONROE Vice Mayor Monroe gave a brief report on the progress of the
Steering Committee. Vice Mayor Monroe stated the Committee
was looking to schedule a 2 1/2 day American Assembly
Program at the end of August or first of September. This
event would allow for residents and business professionals
of Northern Palm Beach County and Southern Martin County to
participate. Vice Mayor Monroe stated a number of major
issues will be discussed. Vice Mayor Monroe requested if
anyone was interested in participating, write to the City
and indicate their field of expertise.
COUNCILMAN
JABLIN Councilman Jablin reported attending a meeting today with
Commissioner Marcus, Attorney Brant, John Gary of the
MacArthur Foundation, Phil Lydon of PGA National, John
Millett of Military Trail, and several other individuals
from the County re: Jog Road Interlocal Agreement.
Councilman Jablin stated the Interlocal Agreement would be
discussed Tuesday, March 23, 1993, at 11:00 A.M. in a
workshop meeting held by the County Commission. Councilman
Jablin stated Attorney Gary had prepared an alternative
Interlocal Agreement and the Council had been provided with
CITY COUNCIL REGULAR MEETING, 3/18/93 PAGE 8
a copy for their review. Councilman Jablin urged all
residents and interested parties to attend the County
commission meeting on Tuesday.
ATTORNEY BRANT Upon a recommendation by the City Attorney, Councilwoman
Furtado made a motion, seconded by Councilman Clark,
appointing Mayor Russo as Acting City Manager, effective
April 1, 1993. The motion was unanimously approved by the
City Council.
MAYOR RUSSO In reference to scheduling meetings with Bob Slavin, Mayor
Russo stated he would be available during the day either
March 25th or March 26th. Vice Mayor Monroe requested to
meet with Mr. Slavin at 6:00 P.M. on Thursday, March 25th.
COMMENTS FROM
E PUBLIC
John Mlecz John Mlecz, 9760 Military Trail, stated he would forego his
time this meeting.
Mary A. Romero Mary A. Romero, 3526 B Gardens East Drive, addressed the
City Council regarding the intersection of Gardens East
Drive and Burns Road. Ms. Romero expressed concern over the
number of accidents which had occurred at the intersection
and the location of the stop sign on Gardens East Drive.
Lauren Kazen Lauren Kazen addressed the City Council and expressed
concern over the number of accidents at the intersection of
Gardens East Drive and Burns Road.
In response to Mayor Russo, the City Manager stated he would
look into the situation immediately.
--,:nna Cox Donna Cox, 5155 W. Northlake Boulevard, addressed the City
CITY COUNCIL REGULAR MEETING, 3/18/93 PAGE 9
Council regarding Resolution 23, 1993, and requested the
Council postpone voting on the Resolution this evening to
consider the impact of the Agreement.
Gilbert V. Moore
Gilbert V. Moore, 12820 Calais Circle, addressed the City
Council and expressed his opposition to the redrawing of the
residential exception line.
CONSENT AGENDA
Vice Mayor Monroe made a motion, seconded by Councilwoman
Furtado, to approve the following items on the Consent
Agenda:
1. Approval of Minutes of 3/4/93 City Council Regular
Meeting.
2. Resolution 27, 1993, Approval of St. Mark's Episcopal
Church Conceptual Master Plan.
3. Resolution 28, 1993, Support of Palm Beach County's
efforts to obtain CARL funds to purchase Eco Site 109.
4. Proclaiming March, 1993, as "Purchasing Month ".
The motion was unanimously approved by the City Council.
RESOLUTIONS
RESOLUTION
23, 199:3
Rich Walton, Director of Planning and Zoning, addressed the
City Council regarding Resolution 23, 1993, authorizing
settlement of pending administrative litigation between the
City and Palm Beach County before the Hearing Division of
the Department of Community Affairs and the concerns
expressed by the Council at the 3/4/93 meeting regarding the
exact dollar amounts for each of the categories. Mr. Walton
stated he had provided the most current numbers along with
the numbers adopted in the City's Comprehensive Plan in
1989. Mr. Walton stated the Council had also expressed
concern with how the School Board calculated affordable
CITY COUNCIL REGULAR MEETING, 3/18/93 PAGE 10
housing in the projection of new schools. Mr. Walton stated
at this time, the School Board was using a formula to
calculate the number of students by the using the number of
bedrooms in the unit, rather than using income figures. Mr.
Walton stated staff recommended using a system with deed
restrictions being placed on the land to place the burden on
the developer. Mr. Walton felt the level of service
throughout PGA Boulevard and the residential exception line
were two distinct items. Mr. Walton felt, if the Council
wanted to delete either the level of service or the
residential exception line from the Settlement Agreement,
Palm Beach County would not object.
Mayor Russo stated the Council had three options; 1) accept
the Settlement Agreement in whole; 2)accept parts of the
Settlement Agreement and withdraw parts of the Agreement;
or, 3)withdraw the complete Settlement Agreement.
In response to Mayor Russo, Mr. Walton stated the County
staff had been reluctant to agenda this item before the
County Commission before receiving direction from the City
Council.
Vice Mayor Monroe stated she was in favor of withdrawing the
Settlement Agreement and having the North County area work
together to devise a plan so the roadways and land usage
would work in harmony.
Councilwoman Furtado stated she agreed with Vice Mayor
Monroe, however, the impact figures on the local schools of
CITY COUNCIL REGULAR MEETING, 3/18/93 PAGE 11
housing of this type was not available.
Councilman Jablin stated he agreed with Vice Mayor Monroe
and Councilwoman Furtado.
In response to Councilman Clark, Mr. Walton stated, if the
City Council withdrew the Settlement Agreement, the County
would not have to do anything regarding the level of service
on PGA Boulevard, as an agreement with the DCA had been
executed whereby they dropped their objections. Mr. Walton
stated the only entity which could require the County to
come in compliance with what was needed was the City's
hearing.
In response to Mayor Russo, Mr. Walton stated by dropping
the Settlement Agreement, the City was not worsening the
situation on landowners.
Palm Beach County Commissioner Karen Marcus stated the
County Commission would discuss this issue at its' meeting
of 4/20/93. Commissioner Marcus also stated the County did
not need the Settlement Agreement to resolve the PGA
Boulevard level of service issue.
Vice Mayor Monroe made a motion, seconded by Councilwoman
Furtado, to table Resolution 23, 1993 until the 4/1/93
Regular Meeting. The motion was unanimously approved by the
City Council.
ITEMS FOR
SECURITY
'ARTME T
-% I� Attorney Brant stated the Security Apartment Ordinance was
CITY COUNCIL REGULAR MEETING, 3/18/93 PAGE 12
City initiated and was a result of the Site Plan approval
for the Palm Beach Gardens Business Park. Attorney Brant
stated the Ordinance required a minimum of 10,000 square
feet before the developer would be entitled to such a
facility and included a cap of 2,500 square feet for the
apartment and security office. Attorney Brant recommended
the Council move the Ordinance to first reading and then
workshop the actual figures.
Vice Mayor Monroe expressed concern that children would be
allowed to occupy the facility and also felt there should be
a differentiation between the apartment and security office.
Vice Mayor Monroe felt 1,200 square feet for living quarters
was more than appropriate.
There was a consensus of the City Council to place the
Security Apartment Ordinance on first reading at the 4/1/93
Regular Meeting.
CORDANI PROPERTY
PROCEDURES Attorney Brant stated the Council had before them three
opinions regarding proceeding with the Cordani property
petition; 1) his, 2) Attorney Brandenburg's; and, 3)
Attorney Bradshaw's.
Attorney Brant briefly reviewed his memorandum dated
2/16/93. Attorney Brant stated the lands currently were
under the County's 1980 Land Use Plan. Attorney Brant
stated the 1980 County Land Use Plan must be applied as to
density and location. Attorney Brant stated only two issues
could technically be raised; 1) the City was not a named
CITY COUNCIL REGULAR MEETING, 3/18/93 PAGE 13
party in the lawsuit, however, he felt the City would not
win the technicality; and, 2) he felt when the City annexed
the lands with the lawsuit pending, depending on the final
decision of the Court, the City was bound by the decision.
Attorney Brant stated everything was intact except for the
issue of leapfrogging and urban sprawl. Attorney Brant
stated the Council had already approved the set asides for
this project.
Vice Mayor Monroe requested City staff verify the land use
category and the exact size allowed under a PUD.
Attorney Gary Brandenburg, representing the Petitioner,
addressed the City Council stating their position all along
was, after the annexation, the petitioner would be subject
to the provisions of Palm Beach County's 1980 Comprehensive
Plan. Attorney Brandenburg stated the Court had ordered, if
they were in the unincorporated area, the County must
approve the project without unreasonable delay under the
provisions of the 1980 Plan. Attorney Brandenburg requested
the Council consider the project under the 1980 Plan and
consider the project vested for purposes of density,
intensity and location and anything not inconsistent with
those items would be applicable to the project. Attorney
Brandenburg stated they would be willing to proceed on that
basis.
In response to Mayor Russo, Attorney Brant stated his legal
opinion was for the City Council to allow the petitioner to
CITY COUNCIL REGULAR MEETING, 3/18/93 PAGE 14
proceed through the planning process with the petition to
avoid the legalities of costs and attorneys' fees should the
Council decide to proceed toward a declaratory judgment.
In response to Councilman Clark, Attorney Brant stated if
the Council proceeded toward a declaratory judgment that
would provide the City with some protection if a decision on
permitting was challenged by a third party.
In response to Councilman Clark, Mayor Russo stated one
concern raised by the development of this project was a
concurrency concern, i.e. facilities servicing.
There was a consensus of the City Council to allow the
petition to follow through the planning process.
BALLENISLES
7NTRY CLUB
FOD 28 PUD Mr. Walton addressed the City Council stating the
Petitioner, Hansen- Florida II, Inc., represented by Hank
Skokowski, was proposing to amend the PUD for Parcel 28,
created by Resolution 85, 1990, to expand the existing
clubhouse and an amendment to the recreation amenities. Mr.
Walton stated the request was for a 28,928 square foot
expansion to the existing 75,730 square foot clubhouse. The
petitioner was proposing to modify and relocate the
Cabana /Snack Bar and swimming pool and to locate a future
golf maintenance facility on the 27.49 acre site. Mr.
Walton stated the landscaping along the cart path and around
the tennis courts was less than what was originally
proposed. Staff recommended the cart path area be enhanced
w
CITY COUNCIL REGULAR MEETING, 3/18/93 PAGE 15
with berms and groundcover, particularly between BallenIsles
Drive and the basketball court. Mr. Walton stated the
Planning and Zoning Commission unanimously approved the
petition with 7 conditions.
Hank Skokowski, representing petitioner, addressed the City
Council and reviewed the proposed modifications /plans. Mr.
Skokowski stated there would be 563 parking spaces with an
additional 118 spaces being held in reserve, but not being
paved until needed.
Douglas Root, Slattery & Root Architects, addressed the City
Council and briefly reviewed the architectural style of the
clubhouse which was consistent with the architecture already
on site.
Krent Wieland, landscape architect, addressed the City
Council and briefly reviewed the proposed landscaping. Mr.
Wieland presented his arguments for deviating from the
original proposed landscaping.
Vice Mayor Monroe requested a compromise re: approved
landscaping and what was now being proposed.
There was a consensus of the City Council directing staff to
prepare a Resolution for the 4/1/93 Consent Agenda.
Mr. Skokowski stated the petitioner would prefer to delete
Condition 1, which stated no commercial uses, such as a
store, cleaners, day care or other similar uses shall be
allowed without an amendment to the PCD. Mr. Skokowski
stated this was a private community and at some point in
CITY COUNCIL REGULAR MEETING, 3/18/93 PAGE 16
�- time, the community might decide to provide a day care
facility or convenience store located within these buildings
for use by the community.
Mr. Skokowski stated if the Council did not agree to the
deletion of the Condition, the petitioner proposed a
compromise, reference "Planned Unit Development" rather than
"Planned Community District ".
Vice Mayor Monroe stated she endorsed the idea, however,
requested a response from staff and the City Attorney.
ADJOURNMENT There being no further business to discuss, the meeting was
adjourned at 10:41 P.M.
APPROVAL ;
6ybR RUSSO CO N
-VICE MAYOR MONROE
NSA V. KOSIEl�
CITY CLERK
COUNCILWOMAN FURTADO
A�Z040
COUNCILMAN CLARK