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
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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
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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
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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
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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