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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