HomeMy WebLinkAboutMinutes Council 041797CITY COUNCIL
REGULAR MEETING
APRIL 17, 1997
The April 17, 1997, Regular Meeting of the City Council of the
City of Palm Beach Gardens, Florida, was called to order at 7:45
P.M. in the Council Chambers of the Municipal Complex located at
10500 North Military Trail, Palm Beach Gardens, Florida; and
began with the Pledge of Allegiance to the Flag.
ROLL CALL The Deputy City Clerk called the roll, 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.
AWARDING OF BIDS
Summer Bus Transportation Councilwoman Monroe made a motion, seconded by Councilman
Clark, to award the bid for Summer Bus Transportation to Kevlex,
Inc. for a total amount of $53,900.00. The motion unanimously
carried.
Growth Management Search Councilman Clark made a motion, seconded by Councilman Jablin
to award the bid for the background research for the position of
Growth Management to Slavin and Associates in the amount of
$4,170.00. The motion was unanimously carried.
CITY COUNCIL REGULAR MEETING, 4/17/97 2
ITEMS FOR COUNCIL ACTION
RCA Drainage
Improvements City Manager Herakovich stated that the City had finally received
the Corps of Engineer's permit. Once returned to the Corps for
their execution, the permitting process for the RCA Drainage Basin
would be concluded. City Manager Herakovich stated that staff
needed the City Council's recommendation for funding, with the
City's amount to be $19,200. The amount was for enlarging the
culvert that goes into Monet Oaks (total cost $40,000), adding a
culvert on RCA Boulevard to handle the additional drainage and
ditch cleaning. City Manager Herakovich stated that Palm Beach
Community College was concerned with some recent legislation
that may not permit them to spend funds off -site in order to pay
their share of $12,000. If the college was unable to share the
funding, the City and County would split their share at $6,000 each.
Councilman Clark made a motion to approve the staff
recommendation to share the funding for the RCA Boulevard
Drainage Improvements in an amount no more than $25,200. The
motion was seconded by Councilman Jablin and unanimously
carried.
Frenchman's Forest Vice Mayor Furtado stated the Recreation Advisory Board
CITY COUNCIL REGULAR MEETING, 4/17/97
recommended a resolution be adopted by the City supporting the
efforts at Frenchman's Forest.
City Manager Herakovich stated that originally the City Council
adopted a resolution in support of public access to environmentally
sensitive lands, however, the Recreation Advisory Board is
recommending the Council adopt a resolution that was more
specific in recommending a parking lot and a building for this site.
Mayor Russo suggested staff coordinate this request with Palm
Beach County.
COMMENTS FROM THE
PUBLIC
Linda Hughey Linda Hughey, resident of the City, expressed her concern with
staff rudeness at the last Code Enforcement Board meeting and
"selective" code enforcement.
Larry Smith Attorney Larry Smith, representing himself, addressed the City
Council stating that he presented two cases to the Code
Enforcement Board and asked if there was a way for the violator to
work out a solution with City staff and not come before the Board.
Attorney Smith stated that the Board seemed to order the strongest
penalty for violators and asked that staff be permitted to work out
CITY COUNCIL REGULAR MEETING, 4/17/97 4
violations with cases before having to go before the Code
Enforcement Board.
Betty Petruzzi Betty Petruzzi. Bamboo Drive, stated she was not against City
codes, however, was concerned with the Code Enforcement
procedures and attitudes.
CONSENT AGENDA Councilwoman Monroe asked that Item 3, Resolution 50, 1997, be
pulled from the Consent Agenda.
Vice Mayor Furtado made a motion to approve Items 1 and 2 of
the Consent Agenda, seconded by Councilman Clark. The motion
was unanimously carried. The following items were approved on
the Consent Agenda:
1. Approval of Minutes of 4/3/97 City Council Regular Meeting.
2. Resolution 44, 1997 - Approval of objecting to Special Act
Legislation to permit the abolishment of a municipal government
without study, consent or concurrence of the municipality.
REORDER AGENDA Councilwoman Monroe made a motion to reorder the agenda, to
consider Resolution 50, 1997, Ordinance 9, 1997, Ordinance 11,
1997, and Ordinance 4, 1997, in that order. The motion was
seconded by Councilman Jablin and unanimously carried.
Resolution 50, 1997 Councilwoman Monroe stated she was in agreement with the
Concept of Resolution 50, 1997, but felt the numbers in the
resolution were wrong. Councilwoman Monroe felt that the
numbers for the proposed school districts was too small and for
CITY COUNCIL REGULAR MEETING, 4/17/97 5
that reason she would not be voting for this resolution.
Vice Mayor Furtado made a motion to approve Resolution 50,
1997, providing for support of H130051. The motion was
seconded by Councilman Jablin, and carried by a vote of 4 ayes and
1 nay. Councilwoman Monroe cast the nay vote for reasons
previously stated.
PUBLIC HEARINGS:
Ordinance 9, 1997 Mayor Russo declared the Public Hearing open, which was duly
advertised 4/2/97 and held on the intent of Ordinance 9, 1997,
repealing Section 70 -61 of the Palm Beach Gardens Code of
Ordinances, entitled "Authorization of No Parking Restrictions ";
amending Section 70 -62 of the Palm Beach Gardens Code of
Ordinances, entitled "Parking on City Property". There being no
comments from the public, Mayor Russo declared the Public
Hearing closed.
City Manager Herakovich stated that the Council had been
provided with concerns outlined by the Public Works Director.
Dick Holliday, Assistant Public Works Director, addressed the City
Council concerning potential problems should Ordinance 9, 1997,
be adopted by the City Council, Councilwoman Monroe stated that
some of the concerns expressed by staff made a lot of sense and
suggested the ordinance be adopted, removing the 12 inch
CITY COUNCIL REGULAR MEETING, 4/17/97
regulation that concerned the Police Department. Councilwoman
Monroe felt that the public could be educated over the next year
and that staff could use that time to see if there was any increase in
damage as a result of allowing residents to park in swales.
Councilwoman Monroe stated that the City Attorney could amend
the ordinance with language that would not restrict the City from
posting or installing signs or other traffic control devices to prevent
parking on paved or unpaved City property either temporarily or
permanently. This posting could be for safety purposes when
required by the Police Department or to permit the revegetation of
a damaged Swale as required by the Public Works Department.
Vice Mayor Furtado expressed her concern regarding parking being
allowed in swales and asked that the City Manager report the cost
of fixing swales in the last year. City Manager Herakovich stated
staff already researched the Vice Mayor's question and
approximately $40,000 was spent last year in repairs for swales, not
including labor.
Mayor Russo stated he would like staff to research how many
residents are parking on City streets or in the swales between the
hours of 2:00 a.m. and 6:00 a.m.
Councilwoman Monroe made a motion to postpone the Public
Hearing for Ordinance 9, 1997, until the May 15, 1997, Regular
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Meeting of the City Council. The motion was seconded by
Vice Mayor Furtado and unanimously carried.
Ordinance 4, 1997 Mayor Russo opened the Public Hearing for Ordinance 4, 1997,
which was duly advertised 4/2/97 and held on the intent of
Ordinance 4, 1997, approval of an amendment to the Oaks Center,
Outparcel at "The Oaks" Planned Unit Development.
Kim Glas, Principal Planner, stated that the petitioner has requested
a postponement of this public hearing until May 1, 1997.
Councilman Jablin made a motion, seconded by Vice Mayor
Furtado, to postpone the public hearing on Ordinance 4, 1997, until
the May 1, 1997, Regular Meeting of the City Council. The motion
was unanimously carried.
Ordinance 11, 1997 Kim Glas, Principal Planner, addressed the City Council regarding
the petition to amend "The Bridge Center" Planned Unit
Development to allow for a time extension to construct a 14,945
square foot restaurant and 4,000 square feet of office space.
Mrs. Glas stated that staff recommended a condition of approval
that employees be required to park in the parking lot across the
street.
Attorney Acton explained to the City Council the procedure for
voting for an extension on a Planned Unit Development, stating that
the City Council must vote on the criteria and facts presented.
CITY COUNCIL REGULAR MEETING, 4/17/97
Attorney Larry Smith reviewed the history of the project and
reviewed specific documents in the project file.
Mayor Russo declared the Public Hearing open, which was duly
advertised 4/2/97 and held on the intent of Ordinance 11, 1997,
approval of an amendment to "The Bridge Center" Planned Unit
Development.
Mr. Gerald Russow, representing the adjoining property owners,
expressed his objections to approval of Ordinance 11, 1997. Mr.
Russow did not believe the project deserved an additional time
extension.
There being no further comments from the public, Mayor Russo
declared the Public Hearing closed.
8
Councilman Clark made a motion, seconded by Councilman Jablin,
to reopen the Public Hearing. The motion was unanimously
carried.
Vice Mayor Furtado asked the petitioner the reason for the delay
with Seacoast Utilities. Attorney Smith stated there was a delay,
however, the project received approval from the Health
Department, which is the approving authority for the sewer lines.
City Manager Herakovich explained that the delay wasn't with
Seacoast Utilities, but that approval had to be obtained from the
Health Department first. Attorney Smith stated that Mr. Russow
CITY COUNCIL REGULAR MEETING, 4/17/97 9
was referring to projects approved years ago and all stated
comments were not necessarily relevant to this project.
Councilwoman Monroe stated the issue she was concerned with
off -site parking. Attorney Acton read Section 118 -473 of the City
Code of Ordinances regarding off -site parking. Subsection C of
that section stated that off -site parking for other than residential
parking, shall be located on the same building site for the uses they
serve. Councilwoman Monroe stated this Council has taken a
strong stand on off -site parking in the past and did not feel she
could vote for the time extension unless there was a condition to
require the parking to be all on site for the safety of the people that
work at this establishment, spend their money at this establishment
and for those people that drove on Ellison Wilson Road.
Councilman Jablin stated that valet parking was his concern as he
was bothered by people going across Ellison Wilson Road late at
night. Attorney Smith stated that employees would be required to
park in the 23 parking spaces located across the street.
There being no further comments, Mayor Russo declared the public
hearing closed.
Councilwoman Monroe made a motion that Ordinance 11, 1997, be
approved with the condition that all development and parking occur
on the building site. Councilwoman Monroe stated that the
CITY COUNCIL REGULAR MEETING, 4/17/97 10
petitioner would have to come back with a new site plan for
consideration of approval. The motion died for lack of a second.
Vice Mayor Furtado made a motion to approve Ordinance 11,
1997, and to place same on second and final reading by title only.
The motion was seconded by Councilman Clark and carried by a
vote of 4 ayes and 1 nay, with Councilwoman Monroe casting the
nay vote for reasons previously stated.
The Deputy City Clerk read Ordinance 11, 1997, on second and
final reading, by title only.
Ordinance 12, 1997 Mayor Russo declared the Public Hearing open, which was duly
advertised 4/2/97, and held on the intent of Ordinance 12, 1997,
approval to create Sections 2 -301 through 2 -304 of the Palm Beach
Gardens Code of Ordinances, defining words, terms, and phrases,
establishing a Professional Services Advisory Committee,
establishing procedures and criteria for the Selection of Professional
Services, and establishing procedures and criteria for the Award of
Design - Build.
Vice Mayor Furtado stated that design phases could assist with the
ballfields being completed prior to the remainder of the new
municipal complex.
There being no comments from the public, Mayor Russo declared
the Public Hearing closed.
CITY COUNCIL REGULAR MEETING, 4/17/97
11
Councilman Clark made a motion, seconded by Councilman Jablin,
to approve Ordinance 12, 1997, and to place the ordinance on
second and final reading, by title only. The motion carried by a
vote of 4 ayes and 0 nays. Councilwoman Monroe left the meeting
at 9:40 p.m.
Ordinance 15, 1997 Mayor Russo declared the Public Hearing open, which was duly
advertised 4/2/97 and held on the intent of Ordinance 15, 1997,
approval to provide for an amendment of the Oakbrook Center
Planned Unit Development and the Flame Building Planned Unit
Development.
Marty Minor, Principal Planner, stated that at the last meeting there
were 2 outstanding issues. Mr. Minor stated the petitioner has
agreed to delete the ground signs on the southern portion of the
property.
A discussion ensued regarding signage. Marty Minor stated that
the signs did not meet the Sign Code because of the number of
signs and the sign setbacks on 2 of the signs. Mr. Oliver stated that
he did not have samples of the signs with him this evening. Mayor
Russo stated that the Council could continue to give direction on
the sign package at this meeting, but that the petitioner would have
to return to the City Council for approval of the sign package at a
later date since the petitioner did not bring samples. Attorney
CITY COUNCIL REGULAR MEETING, 4/17/97 12
Acton stated that in Section 3, sub -part 14 of the proposed
ordinance there was a specific undated signage and graphic
program that has requirements to be met. Attorney Acton stated
that if the ordinance was approved as written, the petitioner would
be bound as to what was on that particular sheet. It was the
consensus of the City Council that the petitioner would return at a
future meeting for approval of the sign package.
Marty Minor stated that since the last meeting, the petitioner met
with the City Forester and has agreed to replace the two missing
palms at the entrance. Staff still recommended that the petitioner
further enhance the trees to further match the PGA Boulevard
landscaping. Attorney Larry Smith stated that John Hancock has
agreed to replace any trees that were in the approved plans, but
would not add any additional landscaping to their property.
Attorney Acton stated that it was important for everyone to
understand each of the options available, which is to modify
condition 9 which would require one buttonwood tree between
each mahogany or that condition could be modified to change the
nature of the tree. Mayor Russo pointed out that the petitioner
cannot commit to additional landscaping at this meeting because of
the Hancock company, however, added that he would be agreeable
to wait to impose this condition regarding the landscaping when the
CITY COUNCIL REGULAR MEETING, 4/17/97 13
petitioner comes back to the City Council for approval of the Unity
of Title. Attorney Smith stated he could commit to make more of a
formal presentation at the Unity of Title presentation.
Mr. Minor reviewed the conditions of approval. It was agreed that
Condition 14 would be deleted from the Ordinance and a new
Condition 14 would be drafted by the City Attorney. It was also
decided that the supplemental landscaping plan dated 12/3/96
would be added back into the list of exhibits.
There being no comments from the public, Mayor Russo declared
the Public Hearing closed.
City Attorney Acton stated at this time it would be appropriate for
someone to move for the adoption of the amendments, included and
stated in the version of Ordinance 15 in the Council package.
Attorney Acton suggested the Council move for the adoption of the
version Ordinance 15, 1997, and all amendments contained therein,
as presented in the Council's package.
Councilman Clark made a motion to approve Ordinance 15, 1997,
and all amendments thereto, as contained in the Council package.
The motion was seconded by Councilman Jablin and unanimously
carried.
Attorney Acton stated that the next motion should be to approve
the amendments as contained in the faxed copy of Ordinance 15,
CITY COUNCIL REGULAR MEETING, 4/17/97 14
1997, as previously discussed and subsequently amended this
evening by: On page 4, deleting under Section 2, condition 14;
adding new condition 16 to read "The applicant shall return with
the completed sign package for City Council approval within 30
days of approval of the development order"; renumbering condition
15 as the new 14; under Section 3 deleting formal condition 14 and
inserting new condition 14 to read: "December 23, 1996, U.S. 1
Planting Plan by Oliver Glidden & Partners"; and the new condition
14 under Section 3 would read "Partners and it's successors and
assigns ". Councilman Clark made a motion to approve the
amendments as outlined by Attorney Acton. Councilman Jablin
seconded the motion, which unanimously carried. Attorney Acton
stated the next motion would be to amend Ordinance 15, 1997, as
previously adopted, by adopting all amendments stated in the faxed
copy of Ordinance 15, 1997, with the following additional
amendments: Paragraph 6, adding the words " the overall PUD
meets"; Page 4, delete under Section 2, condition 14 and insert a
new condition 14 as typewritten at the bottom of the page and
adding to that the words "and its successors and assigns"; adding
under Section 2 a new condition 15 to read "Applicant shall return
with a completed Sign Package for City Council approval within 30
days of approval of the development order"; and under Section 3
CITY COUNCIL REGULAR MEETING, 4/17/97 15
deleting 914 in its entirety and adding a new #14 to read "12/23/96
U.S. 1 Planting Plan by Oliver Glidden & Partners ". Councilman
Clark made a motion to approve the above stated amendments,
seconded by Councilman Jablin. The motion was unanimously
carried. Attorney Acton stated it would now be appropriate to
move the adoption of Ordinance 15, 1997, for second reading as
amended. Councilman Clark made a motion to place Ordinance 15,
1997, on seconded reading and for approval, as amended.
Councilman Jablin seconded the motion, which unanimously
carried.
RESOLUTIONS
Resolution 45, 1997 At the request of Vice Mayor Furtado Resolution 45,1997,
appointment of two members to the Parks and Recreation Advisory
Board, was postponed until the May 1, 1997, Regular Meeting of
the City Council.
Resolution 47, 1997 Marty Minor, Principal Planner, addressed the City Council re: the
petition to change signage to reflect the change of ownership and
management of the Golden Bear Golf Center, formerly known as
Pops Golf Center.
Councilman Clark made a motion to approve Resolution 47, 1997,
seconded by Councilman Jablin. The motion was approved by a
vote of 3 ayes and 0 nays. Vice Mayor Furtado was not in the
CITY COUNCIL REGULAR MEETING, 4/17/97 16
room at the time of the vote.
Resolution 48, 1997 Kim Glas, Acting Planning and Zoning Director, stated that the
Sports Authority was asking for a waiver from the Art in Public
Places fee, however, staff recommended denial of the request. A
motion was made by Councilman Clark to deny Resolution 48,
1997, consideration of approval of the Sports Authority's request
for Art Fee Waiver. The motion was seconded by Councilman
Jablin, and carried by a vote of 3 ayes and 0 nays. Vice Mayor
Furtado was not in the room for the vote.
Resolution 49, 1997 The City Council discussed Resolution 49, 1997, consideration of
approval providing for endorsement of seven criteria for a Plan of
Concurrency between School Construction and General
Development.
Councilman Clark stated that he would be more comfortable if the
resolution was similar to that adopted by the Town of North Palm
Beach. Councilman Jablin wanted the words "Students First"
included in the title of the Resolution.
Vice Mayor Furtado made a motion to approve Resolution 49,
1997, seconded by Councilman Jablin. Resolution 49, 1997, was
approved by a vote of 3 ayes a 1 nay, with Councilman Clark
casting the nay vote.
ITEMS FOR DISCUSSION
CITY COUNCIL REGULAR MEETING, 4/17/97 17
Welcome Signs The Beautification and Environmental Committee reviewed the City
"Welcome" signs, and while waiting for additional information from
Mr. Mark Fuller of Environmental Graphics on the major City
signage design, the task of selecting sign locations has been of
major importance to the Committee. The Committee has reviewed
maps and taken a field trip to look at proposed locations. The
Committee recommended to City Council that the welcome sign be
coordinated with the developer of the proposed City Centre project
at the southwest corner of Highway U.S. I and PGA Boulevard.
The Committee's first priority location for a major City sign was
the southeast corner of Military Trail and PGA Boulevard; a second
location was the southwest corner of U.S. 1 and PGA Boulevard;
and a third at the intersection of the Florida Turnpike and PGA
Boulevard. The Committee selected twelve locations for the FDOT
type signs and selected a prototype sign based on FDOT guidelines.
It was the consensus of the City Council to proceed with the FDOT
signs. The City Council will review the Welcome Signs once the
information has been received and reviewed by the Beautification
and Environmental Committee.
Golf Estate Villas Many Minor, Principal Planner, addressed the City Council
regarding the petition for the development of a Planned Unit
Development for the construction of 13 zero -lot -line townhomes on
CITY COUNCIL REGULAR MEETING, 4/17/97 18
1.45 acres located on the west side of Military Trail, north of Holly
Drive. The petitioner proposed 13 two -story townhomes, two
bedrooms, grouped as a seven -unit and a six -unit building with a
density of nine units per acre. The site would be accessed from one
driveway off Military Trail. The plan proposed 52.8% open space
on the site, while the City Codes required 40% for residential
development projects within a PUD.
The Planning and Zoning Commission recommended approval of
the project with one condition, that the applicant shall obtain a
curbcut permit for the entrance to the project from Palm Beach
County prior to construction plan approval.
Staff was directed to prepare an ordinance for consideration by the
City Council for first reading at their next Regular Meeting.
Christ Fellowship Church Marty Minor, Principal Planner, addressed the City Council
regarding the petition for the approval for the construction of an
85,200 square foot church which would accommodate
approximately 2,500 people for worship services. The proposed
Christ Fellowship Church is proposed to be located on the north
side of Northlake Boulevard and east of Gibson Road.
The Council expressed their concern with an ingress /egress off
Gibson Road. Mr. Minor referenced a letter of objection from the
Gardens Hunt Club regarding this project, stating that their
CITY COUNCIL REGULAR MEETING, 4/17/97 19
concerns was the size and height of the proposed church and any
future expansion plans.
Mr. Tom Mullins, pastor at Christ Fellowship Church, addressed
the Council, stated that the Planning and Zoning Commission had
asked them to do a study of other churches in the area and it was
found that as far as building size and lot coverage, the proposed
project, the building only covers 10% of the parcel. Trinity
Methodist has 35% lot coverage, and the proposed project is less
intense. Mr. Mullins stated that the church wanted to be a good
neighbor, and was agreeable to closing off the ingress /egress to
Gibson Road.
Councilman Clark stated that sending the project back to the
Planning and Zoning Commission would be a pointless exercise as
the members that voted against the approval would not change their
minds. Mayor Russo stated that he did not understand why the
Planning and Zoning Commission denied the project
Staff was directed to prepare an ordinance for consideration of first
reading at the next Regular Meeting and to further workshop the
project at the same meeting.
CITY MANAGER REPORT City Manager Herakovich reported that the Florida Department of
Transportation had given approval for the installation of the
temporary fence along I -95.
CITY COUNCIL REGULAR MEETING, 4/17/97
CITY ATTORNEY REPORT No report was given by the City Attorney.
ADJOURNMENT There being no further business to discuss, the meeting was
adjourned at 11:30 P.M.
APPROVAL
Mayor Joseph R. Russo
Vice Mayor Lauren Furtado
Councilwoman Linda Monroe
Councilman Eric Jablin
Councilman David Clark
Attest:
Cindy Harvey, Deputy City Clerk
20
CITY COUNCIL REGULAR MEETING, 4/17/97 20
CITY MANAGER REPORT City Manager Herakovich reported that the Florida Department of
Transportation had given approval for the installation of the
temporary fence along I -95.
CITY ATTORNEY REPORT No report was given by the City Attorney.
ADJOURNMENT There being no further business to discuss, the meeting was
adjourned at 11:30 P.M.
APPROVAL
/ r
,s
-X�41or Joseph R. Russo
Vice Mayor Lauren Furtado
-Councilworuart Linda Monroe
Coim i man Eric Jablin
Councilman David Clark
Attest:
f
Cindy Harvey, /Deputy City Clerk