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HomeMy WebLinkAboutMinutes Council 032097I CITY COUNCIL REGULAR MEETING MARCH 20, 1997 The March 20, 1997, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:30 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and, opened with the Pledge of Allegiance to the Flag. ROLL CALL The roll was called by the Deputy City Clerk and the following elected officials were found to be in attendance: Mayor Joseph R, Russo, Vice Mayor Lauren Furtado, Councilwoman Linda Monroe, Councilman Eric Jablin and Councilman David Clark. ANNOUNCEMENTS Mayor Russo stated that the announcements were as listed on the agenda and the City's bulletin boards. REORGANIZATION Vice Mayor Furtado made a motion, seconded by Councilman Clark, to have Mayor Russo act as Temporary Chairman for the Election of a Mayor and Vice Mayor. The motion was unanimously carried. Councilman Jablin nominated Joseph Russo as Mayor. There were no further nominations from the floor. Councilman Jablin made a motion to appoint Joseph Russo as Mayor of the City of Palm CITY COUNCIL REGULAR MEETING, 3/20/97 2 Beach Gardens from March, 1997, to March, 1998. Vice Mayor Furtado seconded the motion, which unanimously carried. Councilwoman Monroe made a motion to appoint Lauren Furtado as Vice Mayor, seconded by Councilman Clark. The motion was unanimously carried. Lauren Furtado was appointed as Vice Mayor of the City of Palm Beach Gardens from March, 1997, to March, 1998. Councilman Clark made a motion, seconded by Vice Mayor Furtado, to appoint Eric Jablin as Chairman Pro -Tem from March, 1997, to March, 1998. The motion was unanimously carried. Resolution 31, 1997 Councilwoman Monroe made a motion to adopt Resolution 31, 1997, appointing Joseph R. Russo as Mayor, and Lauren Furtado as Vice Mayor from March, 1997, to March, 1998. The motion was seconded by Councilman Clark. The motion was unanimously carried. Council Liaisons It was the consensus of the City Council to retain the same Council Liaisons to the various advisory boards and committees as were appointed in March, 1996. PRESENTATIONS Richard Walton Mayor Russo presented Richard Walton, who recently resigned as the City's Planning and zoning Director, a plaque of appreciation for his efforts in his employment with the City. Mr. Walton was CITY COUNCIL REGULAR MEETING, 3/20/97 3 also presented with a one year golf pass for the City of Palm Beach Gardens Golf Course. Flood Mitigation Efforts City Engineer Lennart Lindahl addressed the Council and reminded them that on October 17, 1995, the City experienced a flood. Mr. Lindahl stated that remedial action was taken to avoid a repeat of the flood experience. Mr. Lindahl discussed the RCA Drainage Basin and presented a map showing the political boundaries. This drainage area was one that contributed to a lot of the flooding that came into many of the households in the City. Mr. Lindahl pointed out that The Oaks development had an internal drainage system. Most of the work done to the RCA Drainage Basin was done by City staff and the South Florida Water Management District employees. Some items were identified, such as a number of inlets and minor storm sewers along RCA Boulevard that were badly in need of maintenance. The Public Works Department and Palm Beach County worked at cleaning these inlets and found 2 -3 inlets that they did not know existed. Mr. Lindahl stated the City would have to enter into an agreement with the County to mutually maintain this area in the future so it will never again slow the response of drainage. The culvert in front of Courtyard Gardens will be reconstructed to handle the flow and accommodate the needs of the drainage basin. Mr. Lindahl stated the Palm Beach CITY COUNCIL REGULAR MEETING, 3/20/97 Community College was processing their own permit, however, pointed out that the drainage system for this area went north to the Regional Center, which forced the water into the homes on Oak-way Circle. The Community College permit to correct this situation would include the construction of a higher berm and a completely redone water management system to bring the water out the south end into the RCA canal. An area off Prosperity Farms Road, next to Dr. Damereau's 4 property, needed to be cleaned out and the channel on the west sign of Prosperity Farms Road needed to be cleaned. Mr. Lindahl stated that ditch blocks were being proposed in the swale behind Prosperity Oaks to intercept the drainage from the south. Mr. Lindahl stated that all the work described had been permitted by South Florida Water Management District, Mr. Lindahl stated the City had a permit application into the Corp of Engineers in seeking a nationwide general permit because of some issues regarding the removal of vegetation in the canal along Prosperity Farms Road. Once the permit is received the City can move into the process of budgeting and going forward with construction. Mr. Lindahl stated that residents were anxious to have this work accomplished by the beginning of the rainy season and pointed out that the cost would be approximately $260,000, however, he would CITY COUNCIL REGULAR MEETING, 3/20/97 S need to see the conditions attached to the permit issued by the Corp of Engineers. Mr. Lindahl stated that he and the City Manager have discussed methodologies on how to pro -rate the share of the work based on the flows being generated by each of the basins in the political boundaries. Mr. Lindahl stated that there was another component to this issue was a salinity control structure just east of Prosperity Farms Road. Mr. Lindahl stated that the tide has moved salt water further west Of Prosperity Farms Road. Mr. Lindahl stated it was hoped the structure would prevent the migration of salt water to the aquifer and protect the fresh water /salt water interface, and pointed out that this was a strategic element in coastal areas. In response to Councilwoman Monroe, Mr. Lindahl stated that group meetings with residents have not been held for some time, however, he has talked with a number of residents (the delegated liaisons from the various neighborhoods). It was suggested that once Mr. Lindahl was finished with his presentation, he could take his maps and materials out into the lobby to answer any questions from the residents in attendance. Mr. Lindahl discussed Unit 2, Plat 4, stating that the information for this area has been scarce, but was another area severely damaged by the storm. Mr. Lindahl outlined some of the problems CITY COUNCIL REGULAR MEETING, 3/20/97 6 encountered in this area and also noted that the City sent a letter to each resident in Plat 4 that received an excellent response. Mr. Lindahl detailed the efforts made in Plat 4 and stated the information gathered provided accurate information for this area. Mr. Lindahl stated no water was moving out of the subdivision and all information gathered was shared with Northern Palm Beach County Improvement District so they can include the information in their models for their consideration of a number of alternatives. Mr. Lindahl stated staff would be meeting with Northern Palm Beach County Improvement District (NPBCID) in the next couple of weeks regarding these alternative solutions. Mr. Lindahl stated Frenchman's Creek has hired an engineering consultant to model their system and he has been collating those results with NPCBID to look at the downstream impacts of having the water come through Frenchman's Creek. Mr. Lindahl stated that there have been several meetings with residents in Westwood Gardens and culvert improvements have been made in front of the project, east of the project, as well as ditch cleaning east of the project. Inside the project the weir has been modified and lowered, all of which facilitated the ease of water to exit the project. Mr. Lindahl stated there was not much the City could do with internal problems. CITY COUNCIL REGULAR MEE'T'ING, 3/20/97 Mr. Lindahl stated the City has obtained a Consumptive Use Permit to irrigate and supply water for the entire Municipal Complex. Mr. Lindahl stated that the recharge pump on the Thompson River Canal was being permitted and will keep the canal at a certain level. The Ballen1sles canal and reuse system was reviewed with the developer and a channel groove has been constructed to isolate the area and BallenIsles will be bringing in reclaimed water from Seacoast Utility Authority. Mr. Lindahl stated the NPDS permit has finally been issued. NPDS deals with water quality and is the national program for water quality. Mr. Lindahl explained that in any area where the City's water system and the storm sewer system intermingle with designated water of the state or federal government, NPDS would 7 have conditions. Mr. Lindahl stated this was an unfunded mandate that the City must face and the impact would be realized when the City went through the budget process this year. The reporting, custodial efforts and management practices that the City may have to accomplish would cost dollars. In response to Councilwoman Monroe, Mr. Lindahl stated one of the issues that come out of the mitigation efforts was that permits were only issued to something that could not be moved so that CITY COUNCIL REGULAR MEETING, 3/20/97 8 there would be no mistrust. Mr. Lindahl stated that when water control facilities were permitted in the past, it would be for a fixed weir, culvert or riser so that it can never be changed. However, the agencies were working towards allowing moveable flood control structures. AWARDING OF BIDS Cable Franchise Audit Per a recommendation of the City Manager, Councilman Clark made a motion to reject all bids for the Cable Franchise Audit. Councilman Jablin seconded the motion, which unanimously carried. ITEMS FOR COUNCIL ACTION Scoreboard Agreement Councilman Clark made a motion to approve the amendment to the Scoreboard Agreement between the City and Pepsi -Cola Bottling Company of Ft. Lauderdale/Palm Beach. The motion was seconded by Councilwoman Monroe and unanimously carried. County Land Use Petition Kim Glas, Principal Planner, stated that there was a land use petition being processed by Palm Beach County to change the land use from Industrial to Low Density Residential which allowed 2 dwelling units per acre. Mrs. Glas stated that the property fell within the county's urban service area and that the proposed use was more compatible with the adjacent ecosite than the current CITY COUNCIL REGULAR MEETING, 3/20/97 9 Industrial land use. Mrs. Glas stated staff was seeking Council direction on whether to object or provide comments to Palm Beach County, the Intergovernmental Plan Amendment Review committee and the TCRPC/DCA. Mrs. Glas detailed surrounding property /zoning. Mayor Russo stated that staff should point out that the development could be considered urban sprawl. Vice Mayor Furtado stated that the proposed amendment by Palm Beach County went against the City's Vision documents and suggested that staff also send documentation to the District 1 Commissioner, asking for her support. Councilwoman Monroe agreed, however, pointed out that industrial could be built on this property and felt that the District 1 Commissioner would support the City's position. Members of the Council agreed with the above direction. Vice Mayor Furtado Vice Mayor Furtado asked why the City Council had to reorganize every year. It was explained that this was a requirement of the City's Charter, however, was an item that the City Council could consider in the future to put to a vote of the residents. Councilwoman Monroe stated that while presently there was a comfort level in the organization of the City Council, there could be problems and felt that with Council liaisons being switched every so often allowed all Council members to see the value of each advisory boards. Mayor Russo stated that this could be CITY COUNCIL REGULAR MEETING, 3/20/97 10 researched further during the next Charter review. CONSENT AGENDA It was requested that Items 5 and 6 on the Consent Agenda be pulled for further discussion. Vice Mayor Furtado made a motion to approve Items 1 through 4 on the Consent Agenda. Councilman Clark seconded the motion, which was unanimously carried. The following items were approved on the Consent Agenda: Approval of Minutes of 3/6/97 City Council Regular Meeting. Approval of Minutes of 3/13/97 City Council Workshop. Proclaiming 3/30- 4/5/97 as "National Records and Information Management Week ". Resolution 32, 1997 - Approval of Urging the 1997 Florida Legislature to Create a Dedicated Funding Source for Statewide Beach Management and Supporting BB 103 and SB456. Resolution 33, 1997 Vice Mayor Furtado stated that Resolution 33, 1997, was incorrect in the figures it contained and what the monies were being spent for and asked that the resolution be rewritten for the Council's consideration on the 4/3/97 agenda. Councilwoman Monroe suggested another paragraph be added to the resolution to read "WHEREAS, the City of Palm Beach Gardens has previously adopted Resolution 14, 1997, opposing the high speed rail through the City of Palm Beach Gardens and opposing the expenditure of fiords for the study ". It was the consensus of the Council that these amendments be made before they consider adoption of Resolution CITY COUNCIL REGULAR MEETING, NM97 11 33, 1997. Resolution 39, 1997 Councilwoman Monroe stated that she thought that some of the municipalities may be more lenient with tobacco issues and stated she would have felt more comfortable if the resolution stated something that would permit local governments to enact legislation more restrictive than that in the Florida Indoor Clean Air Act. Donna Brossemer addressed the Council and stated that the way the bill was written the preemption language only allowed local governments to enact stricter legislation if they chose to do so, however, the Florida Statute remained the minimum standards. Councilwoman Monroe felt that this took care of her concern. In response to Councilman Clark, Mrs. Brossemer confirmed that this bill was killed in the House of Representatives yesterday, however, pointed out that it would be back next year and she would continue to gather resolutions of support from various municipalities. Councilman Clark made a motion, seconded by Councilman Jablin, to approved Resolution 33, 1997. The motion was unanimously carried. PUBLIC HEARINGS Resolution 30, 1997 Mayor Russo declared the Public Hearing open, which was held on the intent of Resolution 30, 1997, consideration of approval of CITY COUNCIL REGULAR MEETING, 3/20/97 12 amendments to the existing development order for the PGA National Resort Community Development of Regional Impact, and duly advertised 3/5/97. Kim Glas, Principal Planner, stated the City Council indicated at the January 2, 1997 meeting that the proposal to allocate the project's remaining 163 dwelling units to the resort core would not be acceptable. The Council also indicated that unallocated "floating" units would not be acceptable. At the 2/6/97 meeting, the consensus of the City Council was to determine that the residential component of the project was built out, with no available residential land to allocate the remaining 163 units, and therefore, the units needed to be eliminated from the project. The Council held an advertised public hearing in November, 1995, and determined that the original proposal (to convert the commerce park to residential and apply the remaining units) did not constitute a substantial deviation to the development order. Since the original petition has been modified, there may be a legal requirement to hold another advertised public hearing. Treasure Coast Regional Planning Council and the Department of Community Affairs staff have recommended that the City hold a hearing to consider the revised Notice of Proposed Change. No comments were received from DCA or TCRPC. This resolution acknowledges the revised CITY COUNCIL REGULAR MEETING, 3/20/97 13 master plan and eliminated the remaining 163 dwelling units from the DRI, resulting in a total of 5,237 dwelling units for the PGA National Resort Community. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilwoman Monroe made a motion, seconded by Councilman Clark, to approve Resolution 30, 1997. The motion was unanimously carried. RESOLUTIONS Resolution 34, 1997 Marty Minor, Principal Planner, reviewed plans for a site plan approval for the construction of an office and a warehouse facility on 9.97 acres on Lot 5 and a portion of Lot 6 of PGA National Commerce Park. Mr. Minor reviewed the details of the plans, and waivers requested, that was presented to the Council at their March 6, 1997, Regular Meeting. Councilwoman Monroe questioned the hours of operation since this business would be near residential property. Mr. Blair of Catafulmo Construction stated that the petitioner would be back before the City Council for approval of Phase III, which would be the operation of the warehouse and would not be for several years. Mr. Blair felt that the consideration of approval for Phase III would be the appropriate time to discuss hours of operation because the CITY COUNCIL REGULAR MEETING, 3/20/97 14 approval before the City Council today was for the office building. The City Council preferred that a condition be added to Resolution 34, 1997, regarding hours of operation. Mr. Blair discussed the proposed signage for the project, pointing out the various locations for each sign. A discussion ensued about the proposed sign colors and materials. Jack Hanson, Building Official, confirmed that the signs requested by the petitioner met the City's Codes. The Council agreed to allow blue signs, however, preferred back lit signs on the building. The petitioner suggested that he work with staff on the signage and come back to the City Council at a later date. The Council agreed to approving the sign package on the Consent Agenda at the next meeting if the petitioner revised sign plans and got them to staff for their review in a timely manner. The signage portion of Resolution 34, 1997, (Section 2, Item 10) was deleted. The following two conditions of approval was added to Section 3 of Resolution 34, 1997: "Loading and unloading shall be restricted from 8:00 a.m. to 6:00 p.m." and "If any other phase of the development plan that is disturbed during the construction of Phase I, the disturbed lands shall be seeded prior to the Phase I Certificate of Occupancy." CITY COUNCIL REGULAR MEETING, 3/20/97 15 Councilman Clark made a motion to approve Resolution 34, 1997, as amended. Councilman Jablin seconded the motion, which unanimously carried. Resolution 35, 1997 Vice Mayor Furtado asked that Resolution 35, 1997, be postponed until the following Regular meeting to afford her and the Recreation and Parks Director additional time to review several more applications. There was a consensus of the City Council to place this resolution on the 4/3/97 agenda. Reordering Agenda Councilwoman Monroe made a motion to reorder the agenda to consider approval of Resolution 36, 1997, Resolution 37, 1997, and Resolution 38, 1997, at the end of the agenda. Councilman Clark seconded the motion, which unanimously carried. Ordinance 12, 1997 City Manager Herakovich stated that the Florida Statutes allows municipalities the ability to have an ordinance in place what would permit them to have design build contracts, typically for parks. Mrs. Herakovich stated that the ordinance sets forth procedures and staff recommended approval of Ordinance 12, 1997, for first reading. Councilwoman Monroe suggested, and the Council agreed, to change the third "WHEREAS' paragraph to read "it may be in the best interest" instead of "it is in the best interest ". City Attorney David Acton explained the significance of Ordinance 12, CITY COUNCIL REGULAR MEETING, 3/20/97 16 1997, and stated that the ordinance also carefully sets out procedures to be used for design -build contracts. Councilman Clark made a motion that Ordinance 12, 1997, be placed on first reading, by title only. Councilwoman Monroe seconded the motion, which unanimously carried. The Deputy City Clerk read, by title only, on first reading, Ordinance 12, 1997, consideration of approval to amend Chapter 2, Article V, entitled "Finance ", of the Palm Beach Gardens Code of Ordinances by adding Section 2 -391, to be entitled "Professional Consulting Services; adding Section 2 -191, to be entitled "Design -Build Contracts ". Ordinance 13, 1997 Kim Glas, Principal Planner, stated that Florida Statutes provides for small -scale comprehensive plan amendments directly related to small scale development activities meeting certain criteria that indicate that they are less intensive in nature. Mrs. Glas stated that the City was processing a petition that requested a small scale land use amendment from Residential Medium to Commercial for a 1.377 acre parcel located north and northeast of intersection of Shadberry Street and Northlake Boulevard. Mrs. Glas detailed surrounding areas and zoning designations. Mrs. Glas stated that information concerning this petition was submitted to the Intergovernmental Plan Amendment Review Committee CITY COUNCIL REGULAR MEETING, 3/20/97 17 Clearinghouse on 1/15/97, however, no comments have been submitted to date. Mrs. Glas advised that staff received no adverse comments from the Development Review Committee members. The Planning and Zoning Commission unanimously recommended this petition for approval. Vice Mayor Furtado felt that the additional trips the proposed project would cause would only add to the problems on Northlake Boulevard and was not in favor of this land use amendment. Councilwoman Monroe stated that at some point in the future this may be right, however, felt this petition was premature and would not vote in favor of this land use plan amendment at this time. Vice Mayor Furtado stated she would like time to see what the Northlake Reliever Road would do for Northlake Boulevard before considering this petition. hi response to Councilman Clark, who felt that the additional 1400 trips per day from this small parcel may be incorrect, City Engineer Lindahl explained that calculations require that one use the most intense use that could be used for this property. Councilwoman Monroe stated that she would consistently vote against projects that would add to the traffic on Northlake Boulevard. Councilman Jablin agreed, stating that he felt the same way about traffic problems on Northlake Boulevard. Councilman CITY COUNCIL REGULAR MEETING, 3/20/97 18 Clark stated that he sympathized with the petitioner in that it made more sense to add commercial to the parcel, however, felt the traffic concerns were valid. Councilman Clark felt that this was a change that made sense, but this was not the time to make the change. Mayor Russo stated that Ordinance 13, 1997, died for lack of a motion. Ordinance 14, 1997 Marty Minor, Principal Planner, addressed the City Council stating that Ordinance 14, 1997, was for approval of a Planned Unit Development for the expansion and renovation of the Holiday Inn/MacArthur's Vineyard hotel complex on the northwest corner of PGA Boulevard and the I -95 Interchange. Mr. Minor detailed expansion plans and addition details. Mr. Minor stated that the petitioner was requesting seven waivers to the City's Codes, including waivers to the height limit, setbacks, number of parking spaces, size of parking stalls, signs, landscape buffers and screening of rooftop mechanical equipment. Mr. Minor stated that staff was recommending approval of this petition, with 4 conditions. Hank Skokowski, agent for the petitioner, addressed the City Council and introduced the owner of Amstar texas Pool, Ltd. Mr. McVroom addressed the Council stating that his corporation has CITY COUNCIL REGULAR MEETING, 3/20/97 19 made a significant investment in the City and hopes to add to that investment. Mr. McVroom stated that this was a redevelopment project that was seeking long term value. Mr. Mr. Robert Fischal, architect for the project, detailed proposed plans for the renovation of the Holiday Inn. Members of the City Council pointed out safety issues surrounding the hotel and the petitioner agreed to consider incorporation of features to offset these problems in their plans. Mr. Skokowski stated that the new owner had not anticipated relighting the entire property. Mr. Skokowski stated that the owner has agreed to do the relighting, however, this would be phased in over a period of time and asked that the ordinance include an 18 month time period for completion of the relighting. Mr. Skokowski stated that there was another issue regarding screening of roof top equipment. Mr. Skokowski showed photographs of what would be seen from the rooftop of the new hotel. Mr. Skokowski detailed plans for landscaping and other details of the renovation that would assist in screening the roof top equipment, however, stated that what would be left to be seen of the roof top equipment was 37 inches. Mr. Skokowski stated that what would be seen would be the same color as the building. Members of the Council stated they would like to look at the building before CITY COUNCIL REGULAR MEETING, 3/20/97 20 deciding whether they would be agreeable to not having all the roof top equipment screened. Mr. Skokowski stated they would address the lighting issue at the next meeting with the City Council, as well as the sidewalk issue. Councilman Clark made a motion to place Ordinance 14, 1997, on first reading, by title only. The motion was seconded by Councilwoman Monroe and unanimously carried. The Deputy City Clerk read, by title only, on first reading, Ordinance 14, 1997, consideration of approval of a Planned Unit Development for the expansion and renovation of the Holiday Inn /MacArthur's Vineyard Hotel Complex. Ordinance 15, 1997 Marty Minor, Principal Planner, stated that the City Council has reviewed this project several times, however, there were still some outstanding issues. Mr. Minor stated that the petitioner has added the bank discussed at the last meeting, however, there was not enough distance for the drive thru lanes and the petitioner was now requesting a waiver for the distance required. Jack Hanson, Building Official, has recommended denial of the signage package. Mr. Minor stated that Parcels A,B and E do not have sufficient amounts of parking. Mr. Minor pointed out that these parcels would have shared parking. The overall project meets parking requirements. CITY COUNCIL REGULAR MEETING, 3/20/97 21 Mr. Minor stated that the City Forester stated that a landscape waiver would be needed from the requirement of a 15 foot wide landscape buffer along U.S. One. The buffer along U.S. One was less than the code requirement east of the former Flame building. The City Forester also recommended that one silver buttonwood tree be placed on each side of the existing Mahogany tree along U.S. One, which would make the U.S. One landscaping more consistent with the proposed PGA Boulevard landscaping scheme. This recommendation would result in the addition of 18 silver buttonwood trees along U.S. One. Mr. Minor pointed out that the petitioner is proposed 9'x 18'6" spaces, however, the City's Code required 10'x 18'6" unless there was additional landscaping was installed. Mr. Minor stated that the ordinance contained 13 conditions of approval, and that the City Council received in their packet some suggested changes by the petitioner's attorney, Larry Smith. City Engineer Lindahl stated that the City needed to make a u -turn near the loading zone, however, staff has not had time to calculate the numbers at this point. Councilwoman Monroe stated that she had a few questions that she wanted answered before the Public Hearing for this ordinance. Referencing Condition #3, Councilwoman Monroe asked for CITY COUNCIL REGULAR MEETING, 3/20/97 22 further clarification regarding the word "improved" and whether it was the start of construction or the finish of construction. Councilwoman Monroe asked what "roadway landscaping" meant in Condition #10. Mr. Minor explained that roadway landscaping meant the landscaping within the right -of -way. Councilwoman Monroe asked that staff word this condition differently. Councilwoman Monroe stated that she would like to see the area on the corner of the project that was slated for a City sign put on the site plan now rather than have this as a condition. Attorney Larry Smith stated that the additional landscaping being suggested by the City Forester would be on Hancock property and he did not know if they would be willing to add this landscaping. Mr. Oliver addressed the Council regarding the parking and stated that the project had existing cross access and cross parking agreements in place that were contingent upon approval. Mayor Russo stated there was a Unity of Control and was not really shared parking on this site. City Engineer Lindahl stated that the developer did plan to subdivide this area into individual parcels, much like NorthCorp. Mayor Russo stated that this Council has taken the position against shared parking. Attorney Smith stated that this property had a Unity of Title at one time, however, in 1989 the petitioner approached the City Council and was approved CITY COUNCIL REGULAR MEETING, 3/20/97 23 to replace the Unity of Title with a Unity of Control with covenant restrictions that applied to the entire parcel. Within that covenant of declarations and restrictions there is a cross parking easement over the entire parcel. Mayor Russo stated that the petitioner must have this issue reviewed by the City Attorney and staff prior to the next meeting to assure the City Council that the cross parking would not cause a problem. Mr. Oliver, referencing signage, stated that the Building Official was correct that the project's plans called for more signs than was allowed by Code, but because of the street access this property has the petitioner believed they needed the number of signs that were proposed to properly allow people to circulate around the project. Councilwoman Monroe stated that she did not have a problem with the setback issue, however, had a problem with the number of signs. Mr. Oliver stated that he was confident that they could work with staff regarding setting aside an area for a City sign. Mayor Russo suggested that the petitioner present their sign package at the workshop that would be held on April 10, 1997, however, felt that it was the consensus of the Council that there were too many signs. Councilman Clark made a motion to place Ordinancel5, 1997, on first reading, by title only, with the amendment in the title to insert CITY COUNCIL REGULAR MEETING, 3/20/97 the word `BANK" before the words "AND RESTAURANT" in the sixth line of the title. The motion was seconded by seconded by Vice Mayor Furtado and unanimously carried. The Deputy City Clerk read, by title only, on first reading, Ordinance 15, 1997, consideration of approval to amend the Oakbrook Center Planned Unit Development and the Flame Building Planned Unit Development for site plan approval of office, retail, and restaurant space. CITY MANAGER REPORT City Manager Herakovich reported that the Northlake Boulevard 24 Task Force would be reconvening within the next week to address some of the concerns of the City Council. Mrs. Herakovich reported that staff met with the cell tower companies regarding the proposed communication tower ordinance. More time would be needed to incorporate some of the concerns into the ordinance, therefore, the presentation to the City Council would be delayed. Staff met this week with representatives of several restaurants concerning outdoor seating and it was noted that none of the restaurants using outdoor seating had provided additional parking for the outdoor seating spaces. The Neighborhood Initiative Task Force had a resignation and the next agenda would include an item for the Council to consider CITY COUNCIL REGULAR MEETING, 3/20/97 25 another appointment to this Task Force. The Task Force has requested additional members from Plat 3 and another representative from Town Hall Homes. Staff met with the new owner of the Frenchman's Creek parcel on Donald Ross Road and he has agreed to work with staff to do some joint planning, however, not much could be accomplished without having City Council input. City Manager Herakovich stated that a future agenda will include discussion on comprehensive plan requirements for Golf Digest parkway requirements. Mrs. Herakovich extended an invitation to the City Council to join the Juno Beach Town Council on a tour of North County in the near future. Mrs. Herakovich reported that the City has received a ruling from the Special Master on the PBA Contract and pointed out that the City needed to take exception to the ruling or waive a public hearing. Mrs. Herakovich stated that it would be her recommendation not to take exception to the Special Master ruling and to determine if the PBA would like to waive the public hearing and come back for approval at the next meeting. Mrs. Herakovich suggested, and the Council agreed, to have a special meeting with the Code Enforcement Board on April 17, 1997, at 6:30 P.M. CITY COUNCIL REGULAR MEETING, 3/20/97 Mrs. Herakovich reported that three years ago this City Council authorized funding for a teen center and their three year anniversary would be coming up next Wednesday. The City Council has been invited to the celebration. REPORTS BY MAYOR AND CITY COUNCIL Mayor Russo Mayor Russo reported that he met today with representatives of U.S. Amateur Sports who are planning to bring to Palm Beach 26 Gardens the All American High School Bowl. Mayor Russo stated that the event was tentatively scheduled for July 5, 1997, at Dwyer High School. The representatives want to be on the next City Council agenda to do a short presentation and to enlist the support of the City Council. This group hoped to coordinate this event with the City's fire work event. CITY ATTORNEY REPORT Per City Attorney Acton, Ordinance 17, 1997,regarding Animals Creating a Nuisance, was pulled from the agenda for amendments. ITEMS FOR DISCUSSION Shell Station Marty Minor, Principal Planner, stated that the City has received a petition for the PGA Shell Service Station at the corner of Military Trail and PGA Boulevard, to rezone the site from CG -1 General Commercial District, to a Planned Unit Development, with an underlying zoning of CG -1, to convert the existing gasoline station CITY COUNCIL REGULAR MEETING, 3/20/97 27 with two service bays into a "foodmart" and install four new gas dispensers under a new canopy. Mr. Minor reviewed all waivers that were requested by the petitioner, including setback requirements, landscape requirements and the size of the floor area. This petition was approved by the Planning and Zoning Commission with 5 conditions of approval. Doug Snyder, representing the petitioner, stated that they have been working with the Planning and Zoning Commission and felt that they had every item resolved that was of concern to the Commission. Mr. Snyder stated they have incorporated thoughts of the members of the Planning and Zoning Commission and staff into their plans. Mr. Snyder stated the petitioner presently had an application into the Department of Transportation to allow him to solve the landscaping issue that was of concern to the City. Councilwoman Monroe stated the current function and use of this corner was a problem and did not like the concept of the petition. Vice Mayor Furtado stated she was ready to move this project forward. Councilman Clark stated he has watched the Planning and Zoning Commission workshop this item and approve it and stated that he was in favor of moving the project forward. Councilman Jablin stated that he did not like the project. CITY COUNCIL REGULAR MEETING, 3/20/97 Mayor Russo stated he was concerned about the size of the proposed foodmart and the landscaping issues. Mayor Russo stated that this project should be brought back before the City Council as an Item for Discussion or workshop the ordinance. Councilwoman Monroe stated that a convenience store would generate a lot more traffic than a service station would and expressed concerns with traffic for this intersection. RESOLUTIONS: Resolution 36, 1997 Councilman Clark stated that he and has reviewed applicants for 28 appointment for the Planning and Zoning Commission and felt that it was imperative that these appointments be made this evening because the current Chair would be stepping down. Councilman Clark made a motion to approve Resolution 36, 1997, inserting the names Christopher Jones, Jeffrey Ornstein and Tom Paganini as Regular Members and appointing Joel Channing and John Nedvins as Alternate Members. The motion was seconded by Councilwoman Monroe and unanimously carried. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 11:30 P.M. CITY COUNCIL REGULAR MEETING, 3/20/97 29 APPROVAL ay seph Ri Russo Vice Aayor Lauren Furtado /'� /✓s'� .��:��=nom �-tounci woman Linda Monroe eoii cilman Eric 7ablin Councilman David Clark Attest: &n4h �I Cindy Harve}YDeputy City Clerk