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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 CITY COUNCIL REGULAR MEETING, 4/17/97 7 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