HomeMy WebLinkAboutMinutes Council 051597CITY COUNCIL
REGULAR MEETING
MAY 15, 1997
The May 15, 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, Vice Mayor
Lauren Furtado, Councilwoman Linda Monroe, Councilman Eric
Jablin and Councilman David Clark. Mayor Joseph Russo was not
in attendance as he was out of town.
ANNOUNCEMENTS Vice Mayor Furtado stated that the announcements were as posted
on the City's bulletin boards and on the agenda. Vice Mayor
Furtado welcomed students from the American Government Class
of Palm Beach Gardens High School. Vice Mayor Furtado also
welcomed Councilwoman Linda Monroe's parents to the meeting.
PRESENTATIONS
Impact Fee Report Henry Iler of James, Duncan and Associates, made a presentation
to the Council regarding Impact Fees. Mr. Iler stated that based on
data provided by the City a technical memorandum had been
prepared that recommended a net cost schedule for police, fire and
recreation facilities. The cost schedules represented the maximum
impact fees that could be justified based on the available data and
methodologies provided for the analysis. Mr. Her recommended
that impact fees not be adopted or maintained at levels higher than
the net costs calculated in the study. Mr. Her stated that Fire and
EMS impact fees should bring in approximately 123% more
revenue annually than presently realized by the City, if existing and
future development remained the same. The police impact fee
should double the amount of monies received annually and the
park fee should represent a 50% increase over revenues and/or land
presently received for park land. For Fire and EMS the single-
family detached fee will increase approximately 136 %, hotel motel
rises approximately 320 %, retail/commercial increases
approximately 16$% and industrial decreases approximately 700NO.
In response to Councilwoman Monroe, Mr. Iler stated he had not
done an analysis of the surrounding municipalities' impact fees,
but knew the park fee was similar to that of Palm Beach County.
Mr. Her stated he would do an analysis of surrounding
municipalities and present that information to the Council at the
next meeting. Councilman Clark agreed that it was important to
charge a fair fee. Councilman Sablin agreed with what was
presented. The Council suggested no changes to the ordinance
being prepared by staff.
ITEMS FOR COUNCIL
ACTION
Klock Property Assistant City Manager Dunham explained that a change order to
the Klock Property was necessary because the additional lights also
required modifications to the main electrical panel. A quote was
received from the electrical subcontractor through the general
contractor to perform the necessary work in the amount of
$19,600 00. Staff recommended approval of the change order,
stating the amount would be paid out of Recreation Impact Fees.
Councilman Clark made a motion to approve the change order in
the amount of $19,600.00. The motion was seconded by
Councilman Jablin. Councilwoman Monroe stated that she was
concerned that the change order could have presented a problem if
the City had been doing this project on a "shoestring" budget.
Councilwoman Monroe expressed her concern with possibility of
excessive change orders on the new municipal complex since the
work would be done through the same general contractor. The
motion unanimously carried.
Amendment to ADG
Contract Assistant City Manager Dunham explained that staff was seeking
Council approval of an amendment to the Architects Design Group
contract to include the same services for the recreational
improvements at Gardens Park to provide continuity for the
engineering process Staff negotiated the fee, which represented
7% of the construction costs, similar to the 6.9% fee previously
negotiated for the municipal complex. Mr. Dunham pointed out
that this fee was in line with state averages.
Councilwoman Monroe made a motion, seconded by Councilman
Clark, to approve staff's recommendation. The motion
unanimously carried.
Palm Beach County Land
Use Amendment - Northlake
Boulevard Kim Glas, Acting Planning and Zoning Director, stated the
property in question was the property that fronted Northlake
Boulevard, south of Menorah Gardens, immediately east of the
City's golf course. With this proposal, the petitioner was also
requesting to extend the county's urban service area to include this
parcel. The petitioner was seeking a land use change from
Institutional and Rural Residential 10 to Commercial High
Intensity, Ms. Glas stated that with the Ibis commercial, it did not
appear that additional nonresidential was needed in this area at this
time and was, therefore, an untimely proposal. Ms. Glas pointed
out that the properly was within the City of Palm Beach Gardens
future annexation area and fell within the rural area identified by
the City's "vision" and the North county Planning Forum.
However, the petition proposed to extend the urban area to include
this parcel and extend urban services to the site. Ms. Glas stated
that staff had concerns regarding this proposal and would be
CITY COUNCIL REGULAR MEETING, 5/15/97
relaying negative comments to the County. Councilwoman
Monroe reported that the dialogue was still continuing with Mr.
V avrus and the equestrian people. Councilwoman Monroe stated
that if the County continued with the proposed petition, all hopes
for the equestrian community would be gone. Councilwoman
Monroe stated she spoke to the City Manager last week when she
learned that there were discussions between Seacoast Utilities and
the City of West Palm Beach to perhaps put water on the north side
of Northlake Boulevard. Councilwoman Monroe wondered what
the value of having our own utility was if deals such as this were
being made. Councilwoman Monroe felt that if the City wanted to
avoid being compared to West Boca, Broward County and Dade
County, this petition should not go forward. Councilwoman
Monroe asked that the Mayor be authorized to send a letter and to
attend both the Land Use Advisory Board meeting and the County
Board of Commissioners meeting to take a strong stand in
recommending denial of this petition. The Council was in
agreement with Councilwoman Monroe's request.
Gardens Hospital Assistant City Manager Dunham stated that the development order
and the approved master plan for Palm Beach Gardens Medical
Center allows the City Manager to approve administrative changes
to the phasing plan for the hospital. The Hospital has come into
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3
the City with a request for a change in the phasing. The City
Engineer and staff have reviewed the request and have no
objections, however, wanted to bring one concern to the City
Council regarding the ICU unit that would be built by the
helicopter pad. This would require that the helicopter pad be shut
down during construction and would require the hospital use the
area north of the condominiums during this construction period.
The hospital has pointed out that they only accept 3 -4 helicopter
patients a month that are usually heart patients and do not accept
trauma patients. Mr. Dunham stated that the concerns outlined in
the Engineer's memo of May 6, 1997, have been satisfied.
Councilman Clark made a motion to approve staff s
recommendation, seconded by Councilman Jablin. The motion
was approved by a unanimous vote.
COMMENTS FROM
THE PUBLIC
Jack White Jack White, member of Amara Temple, stated they would like to
have the Council's approval for a small sign to be placed on their
property one day a week. Mr. White stated the sign would be
placed on the property on Tuesday morning and taken down
CITY COUNCIL REGULAR MEETING, 5/15/97 7
Tuesday afternoon and would be for fundraising purposes. It was
pointed out that the Sign Code did not allow for the requested sign
on a regular basis and would only be considered for a special event.
It was the consensus of the Council that they could not consider
approval of the requested temporary sign.
CONSENT AGENDA The minutes of 5/1/97 City Council Regular Meeting were pulled
from the Consent Agenda. Councilman Clark made a motion to
approve the Consent Agenda, without Item 2. Councilman Jablin
seconded the motion, which unanimously carried. The following
items were approved on the Consent Agenda:
I . Approval of Minutes of 4/17/97 City Council Workshop
Meeting
2. Resolution 54, 1997 - Approval Requesting that the United
States Conference of Mayors Affirm the Authority of Local
Governments Over Decisions Regarding the Placement of
Personal Wireless Service Facilities.
3. Resolution 55, 1997 - Approval Providing for Support of
Sidewalk Enhancement Funding to Construct a Sidewalk
on the North Side of Burns Road between Prosperity Farms
Road and Alternate AIA.
4. Resolution 59, 1997 - Approval of the Plat of Comfort Inn.
Councilwoman Monroe left the meeting at 8:05 P.M.
PUBLIC HEARINGS
Ordinance 9, 1997 Vice Mayor Furtado declared the Public Hearing open, which was
duly advertised 4/2/97 and postponed from the 4/17/97 Regular
Council meeting and held on the intent of Ordinance 9, 1997,
consideration of approval providing for the repeal of Section 70 -61
CITY COUNCIL REGULAR MEETING, 5/15/97
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".
Assistant City Manager Dunham outlined the history of Ordinance
9, 1997, stating that at the last meeting the Council directed staff to
do a survey of damage to swales from parking. Bob Patty, Public
Works Director, reported that 25% of repairs are due to rutting
from vehicles, either passing through the swale or parking in the
swale. Of the swales which had been repaired, approximately 20%
of those swales had to be reworked due to rutting from vehicular
traffic or parking.
City Attomey Acton stated that included in the Council package
were two amendments to Ordinance 9, 1997, that would have to be
adopted separately by the City Council, if they so chose.
Vice Mayor Furtado stated that after she read the report from
Public Works regarding the cost of repairing swales because of
parking, she could not support Ordinance 9, 1997. Councilman
Clark stated he, too, could not support Ordinance 9, 1997.
Councilman Jablin stated that he could not support Ordinance 9,
1997.
Vice Mayor Furtado made a motion to close the Public Hearing.
CITY COUNCIL REGULAR MEETING, 5115197 9
RESOLUTIONS
Resolution 56, 1997 Councilman Clark made a motion to approve Resolution 56, 1997,
approval providing for a request to the Insurance Commission of
the State of Florida to review and amend policies and procedures
for insurance coverage, including rates, for all types of insurances
for residents of the State of Florida. The motion was seconded by
Councilman Jablin and unanimously carried.
Resolution 57, 1997 Assistant City Manager Dunham stated that the City Councils of
North Palm Beach, Lake Park and Palm Beach Gardens have
formed a task force to study the renovation and the redevelopment
of the Northlake Boulevard corridor. This group has proposed an
Interlocal Agreement, however, staff would prefer a discussion
with the Council and not an adoption this evening. Marty Minor,
Planner, stated the Councils from North Palm Beach and Lake Park
are also reviewing the Interlocal Agreement to determine if it is
going in the direction they desired, and pointed out that there
would be a meeting of the task force on 5/19197 at Palm Beach
Gardens City Hall to discuss concerns of each municipality and to
set a cost for doing a study on the Northlake Boulevard corridor. It
was the consensus of the Council to continue with the task force,
however, Councilman Clark felt that it was important to have a
budget for the City's contribution toward studies done by the task
CITY COUNCIL REGULAR MEETING, 5/15197
10
force. Councilman Clark stated that if the task force went over the
budgeted amount, they would have to come back before the
appropriate Councils for approval of additional monies. It was
pointed out that while Karen Marcus has attended all the meetings
of the task force and supports the project, the County could not
financially support the project.
Attorney Acton pointed out that Section 4 of the Interlocal
Agreement, the authority of the task force, whereby the task force
would assign responsibility of assigning professional assistance in
accordance with purchasing policies. Attorney Acton did not feel
the Council would want to give the task force or the City Manager
the authority to dictate to this Council how it will spend the money
or allocate services. The City Council agreed, stating that there
was a need for a budget item for the task force.
ORDINANCES
Ordinance 22, 1997 It was suggested that the Ordinance be amended to provide for 4
alternates to the Education Advisory Board instead of 4 additional
Regular members. Attorney Acton stated that alternates, as well as
members of the public, could be appointed to sub- committees of
the Board, however, would not have a vote.
Councilman Clark made a motion to place Ordinance 22, 1997, on
first reading, by title only, with the following change in Section 1:
CITY COUNCIL REGULAR MEETING, 5/15/97 11
The board shall be composed of 15 regular members and 4
alternates." Attorney Acton stated that the title of the ordinance
also had to be changed accordingly, to read "APPOINTMENT OF
MEMBERS 1TO THE EDUCATION ADVISORY BOARD TO
INCLUDE 4 ALTERNATES ". Councilman Clark amended his
motion to include Attorney Acton's amendment. Councilman
Jablin seconded the motion, which passed by a vote of 3 ayes and 0
nays.
The Deputy City Clerk read Ordinance 22, 1997, on first reading
by title only.
Ordinance 9, 1997 Councilwoman Monroe returned to the meeting at 8:25 p.m. and
was given the opportunity to put her comments regarding
Ordinance 9, 1997, on the record. Councilwoman Monroe
preferred that the Ordinance be passed and then notify the residents
through the CityLine that this parking would be allowed on a one
year basis and if the swales were torn up extensively a change
would be made. Vice Mayor Furtado stated that she liked the new
letter now being used to notify residents of a violation and asked
that this notice be given to residents to advise them of the
ordinance that did not allow cars to be parked in the Swale.
Ordinance 9, 1997, failed for lack of a motion.
Ordinance 23, 1997 Finance Director Kent Olson detailed the justification for raising
CITY COUNCIL REGULAR MEETING, 5115197
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some of the rates for occupational licenses. Mr. Olson stated that
in 1994 the City Council appointed an Equity Study Commission
consisting of business community members to examine and revise
the City's occupational license fees. Based on those
recommendations the City passed Ordinance 23, 1994, which
implemented the new fee schedule. State Statute permits the City
to increase occupational license fees up to 5% every two years. In
a survey of area communities and Palm Beach County, all other
government entities have at least some fee for a home occupational
license,
Councilman Clark made a motion to place Ordinance 23, 1997, on
first reading, by title only, with the amendment to the locksmith
occupational license, Councilman Jablin seconded the motion,
which unanimously carried. The Deputy City Clerk read
Ordinance 23, 1997, by title only, on first reading.
Ordinance 25, 1997 Marty Minor, Planner, stated that Temple Beth David was seeking
approval for the expansion and renovation of the existing temple.
This petition would amend the existing conditional use in an RL -1
residential low density district, Mr. Minor reviewed the details of
the proposed project. The petitioner was requesting no variances.
Building Official Jack Hanson has reviewed the petition and signed
off on same, voicing no objections. The Planning and Zoning
CITY COUNCIL REGULAR MEETING, 5/15/97 13
Commission unanimously recommended approval with seven
conditions. One of the conditions was that the turn out radii be a
40 foot medium, however, since the writing of the staff report, the
petitioner has revised the site plan to reflect this amendment. Staff
recommended approval with a condition that the lighting plan be
approved before the issuance of a building permit. Mr. Minor
reviewed all conditions approved by the Planning and Zoning
Commission.
City Attorney Acton pointed out that the Council had two
Ordinance 2 5 s in their package and suggested that the Council not
consider the ordinance dated May 15, 1997.
Phil $luckner, architect for the proposed project, addressed the
Council stating that concerning the drainage issue, the petitioner is
involved with the MacArthur Foundation as to where the easement
is placed. It was expected that this issue would be solved before
second reading of the Ordinance.
Councilwoman Monroe made a motion to place Ordinance 25,
1997, on first reading, by title only. Councilman Jablin seconded
the motion, which unanimously carried. The Deputy City Clerk
read Ordinance 25, 1997, by title only on first reading.
Ordinance 26, 1997 Marty Minor, Planner, stated Ordinance 26, 1997, was for
consideration of approval for a comprehensive signage package for
CITY COUNCIL REGULAR MEETING, 5115197 14
the City Centre Planned Unit Development located at the
southwest corner of PGA Boulevard and U.S. L The petitioner
proposed ground signs at the following locations: one sign at the
Ellison Wilson Road entrance, one sign at the southeast corner of
Ellison Wilson Road and PGA Boulevard, two signs at the PGA
Boulevard site entrance, and two signs at the southwest corner of
PGA Boulevard and U.S. 1. The previously proposed sign at the
future east -west road at the southern boundary of the site had been
eliminated. While the petitioner proposed six ground signs, only
four were allowed by Code, and is seeking a waiver from the Code
as well as from the side setback requirement. Grounds signs will
have a masonry wall with a fabricated aluminum sign painted with
a Yacht Blue finish. Tenant signage will be aluminum channel
letters with white acrylic faces with Yacht Blue trim
Hank Skokowski of Urban Design Studios stated that the design
was as requested by the City Council.
Councilman Clark made a motion to place Ordinance 16, 1997, on
first reading, by title only. The motion was seconded by
Councilman Jablin and approved by a vote of 3 ayes and 1 nay.
Councilwoman Monroe cast the nay vote stating that she was
opposed to the number of ground signs. The Deputy City Clerk
read Ordinance 26, 1997, by tide only on first reading.
CITY COUNCIL REGULAR MEETING, 5115197
ORDINANCE (WORKSHOP)
Ordinance 20, 1997 Kim Glas stated that there were 3 unresolved issues regarding
Ordinance 20, 1997, for the approval of a Planned Unit
Development for Christ Fellowship Church. Those issues were:
the landscaping of the road right -of -way on Gibson Road and
Northlake Boulevard, the use of the Gibson Road access and a
15
concern that the site would be used in a manner incomparable with
the surrounding area (such as a theater or performing arts center).
Since that meeting staff has considered Council concerns. To
address the landscaping, the petitioner has proposed to move 1000
points of landscaping from their site to the right -of -way area and
staff was in agreement with the concept, however, needed to
review the plans to determine if the proposal was viable.
Regarding the Gibson Road access, it was pointed out that the City
Engineer required the Gibson Road access, however, the church
was agreeable to deleting that access from the plan. Staff prepared
a condition of approval regarding the uses allowed by the church
that should address the Council's concerns. However, the church
felt that while they did not sell tickets to any of their functions,
there may be a time in the future when they would want to have a
fund raiser and need the freedom to sell tickets to an event. The
church provided alternate language, however, staff did not feel it
CITY COUNCIL REGULAR MEETING, 5/15/97 16
provided the assurances that the Council wanted. Councilwoman
Monroe suggested that the condition be worded to stated that the
sale of tickets would be limited to four times a year. It was the
consensus of the Council that the only control the Council would
have would be the frequency of events.
The architect for the church addressed the City Council, stated that
the language proposed by the church would be that the church
would not be used for non- religious performances and that the
church sanctuary would not be leased or rented for non - religious
performances or be used as an auditorium for non - religious
theatrical or non - religious performances that involved the sale of
tickets to non - members of the church congregation or for sale to
the general public in exchange for payment or contribution to the
church. Vice Mayor Furtado stated she did not want to restrict the
church to a specific number of events per year since there were
other churches in the area that were unrestricted. Staff was
requested to survey area churches to determine how many events a
year they had and what problems were experienced. Councilman
Jablin stated that he was concerned with the number and types of
events at the church because he wanted the church to be a good
neighbor to the community.
Roy Allen, a resident of Hunt Club and a Board member of their
CITY COUNCIL REGULAR MEETING, 5115197
Association, stated that the association put in an official position
statement on May 11, 1997, and added that they did not oppose a
church but did not support the current site plan as proposed. The
association was concerned with potential traffic problems and
delays on Northlake Boulevard. The residents of the Hunt Club
were concerned with the size and height of the proposed church
17
and felt the architectural design should be amended to conform to a
residential community. Future expansion plans were a concern to
the residents of the Hunt Club. Mr. Allen stated that there was
currently a debt on Gibson Road that residents of the Hunt Club
were paying off and felt that the church should pay their share of
the debt if they should ever use the exit on Gibson Road. Mr.
Allen estimated that the church's share of this debt would be $2800
per acre, or $56,000 for the church. Mr. Allen also raised the issue
of possible ground water contamination from the JDM golf course
site because the church would be using ground water for irrigation
purposes.
Diane Carlino, a member of the City's Planning and Zoning
Commission, and a resident of Cypress Hollow, clarified the
Planning and Zoning Commission position regarding the church
petition. Ms. Carlino asked that the Council consider the
recommendations of the Commission. The Commission
CITY COUNCIL REGULAR MEETING, 5/15197
recommended denial of the petition based on the intensity of the
petition Ms. Carlino asked that the Council review this petition
very carefully and take into consideration the surrounding
neighborhoods.
Councilwoman Monroe asked staff to provide more information
regarding the well issue. Councilman Jablin stated that he was a
member of the Dump Committee and felt that the issue of
contamination had been put to rest, however, pointed out that the
church would have to be permitted for use of well water.
Councilman Clark stated that he spoke with Diane Carlin
regarding the Council going against the Commission
recommendation, however, stated that he would like to go on
record in stating that this was not a petition that was being
18
considered lightly by the Council. Councilman Clark pointed out
that the number of times that the Council did not follow the
Commission recommendations were very few and only do so after
painful examination of all the evidence. Councilman Clark that
sets this issue apart from the kinds of issues on which the Council
follows the Commission recommendations was because this
involved a question of policy beyond the nuts and bolts that apply
to planning and zoning laws and the Council wanted to encourage
churches in residential neighborhoods.
CITY COUNCIL REGULAR MEETING, 5115197
19
Doug Brookbank, resident of Cypress Hollow and a member of the
homeowners association, addressed the Council stating that
association sent a letter to the City stating similar concerns to that
of the Hunt Club. Mr. Brookbank objected to the intensity of the
project and the height of the church.
Paul Aleskovsky, 10266 Hunt Club Lane, expressed his concern
with the long term intent of the church. Mr. Aleskovsky stated that
the church had first option for the purchase of the rest of the
acreage adjacent to their proposed building and heard that the 10
acres on the other side of the Senior Center would be brought back
to the Council for approval of another senior center.
Richard Barry of Cypress Hollow stated he purchased his home
and the lot next to his home, which faces the pasture. Mr. Barry
stated he purchased the additional lot so that he could continue to
have a clear view of the pasture, however, now he would have a
view of a building. Mr. Barry was concerned with the height of the
proposed church.
Joan Waltwater, resident of Cypress Hollow, expressed her
concern with the size of the project, feeling that it was a
commercial venture and the potential traffic problems.
Councilwoman Monroe felt staff should look more at the size of
the church and stated that the ultimate goal of the church should be
CITY COUNCIL REGULAR MEETING, 5115197 20
considered. Councilwoman Monroe stated it would behoove
residents to know what the Council did in terms of zoning of
vacant lots in their area. Councilman Clark felt that it would be
helpful to have comparative drawings to determine the height of
the building, as well as the steeple, in relation to the neighborhood.
It was the consensus of the City Council to schedule Ordinance 20,
1997, for another workshop so that additional information could be
gathered for their consideration.. Councilwoman Monroe stated
that she did not like the proposed green roof, pointing out that the
City prefers to have neutral colors .
The architect for the project pointed out that the property had 10%
ground coverage with the building and felt that the church had
taken great pride in providing a building that was not as intense as
it could have been. Vice Mayor Furtado stated that the church met
all code requirements and pointed out that the only issues that had
not been resolved were the Gibson Road access (which the City
required), the right -of -way landscaping and activities that would be
allowed at the facility.
Councilman Jablin stated that if the church remains with the
intensity and density as proposed, he would not be happy with the
project. Councilman Clark stated he was not sure he objected to
the size until he saw a comparison of other churches in the area.
CITY COUNCIL REGULAR MEETING, 5115197
ITEMS FOR DISCUSSION
21
Councilwoman Monroe agreed with Councilman Clark, however,
was wrestling with the issue of the kinds of events that would be
held at the church. Councilwoman Monroe stated that she knows
other churches are not restricted, however, felt that just because the
City did not restrict them in the past, if a better way was found for
the future, it should be considered.
In response to Assistant City Manager Dunham, staff was directed
to advertise a public hearing for the 6119/97 meeting of the City
Council, and to schedule Ordinance 20, 1997, for a workshop on
615197.
Space Station Alpha Kim Glas, Acting Planning and Zoning Director, stated that this
item came before the City Council at the previous meeting,
however, it was felt that it should come back before the Council
when Councilman Clark and Councilwoman Monroe were in
attendance. Space Station Alpha, located in the Gardens Towne
Square Shopping Center, has petitioned the City for an amendment
to a conditional use approval in the CG -1 General Commercial
zoning district to allow 50 skill game -type machines and video
games
Vice Mayor Furtado stated she objected to the proposed petition
because she was opposed to violence of any kind. Councilman
CITY COUNCIL REGULAR MEETING, 5115197
Jablin agreed with Vice Mayor purtado.
Rob Walsh, owner of Space Station Alpha, addressed the City
Council stating that the goal of the establishment was not to
become an arcade, but to meet the requirements needed to give
tickets for redemption of prizes. The requirement for the
redemption of tickets was 50 skill type games.
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Councilman Clark stated that he attended Space Station Alpha two
weeks ago and did not feel the Laser Tag was a violent game and
felt the establishment was family oriented.
Councilwoman Monroe questioned the food service, and was
informed that it would be pizza, hot dogs, etc., and would not be a
major food service. Councilwoman Monroe stated that the first
thought that came to her mind when she heard "redemption" was
gambling. It was explained that the tickets were given for skill on
a machine that could be turned in for prizes. Councilman Jablin
stated that he did not have a problem with the additional games,
but did have a problem with the teenagers hanging out in front of
the store and smoking.
Mr. Walsh stated that as more and more birthday parties for
younger children are scheduled and the pool tables are removed
from the establishment, the less attraction there will be for
teenagers. Mr. Walsh pointed out that 80% of their business are
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23
from children under 15 years old and felt that the police department
patrols would be able to control teenagers smoking throughout the
shopping center. Councilwoman Monroe stated that she could
reluctantly support the request, however, what was worrying her
was that she was not hearing a commitment to eliminate the
loitering. Councilwoman Monroe stated she would like to see a
condition that the owner and staff of Space Station Alpha would
prevent loitering by smoking teenagers in front of the store.
Attorney Acton stated that if anyone is standing on a sidewalk and
obstructing pedestrian traffic they could be in violation of
provisions, whether they are smoking or not smoking. However, if
people are smoking, but not obstructing traffic, there is no
violation. Loitering laws have always been difficult to enforce
because the purpose of those standing or sitting is extremely
difficult to surmise. Attorney Acton stated an additional problem
with the proposed condition was whether the owner of this
establishment's obligation extends beyond his front door, and
stated that he felt that the owner of the shopping center had more
of an obligation to the City.
It was the consensus of the City Council to move this petition
forward and have staff prepare the necessary documentation for the
Council's consideration.
CITY COUNCIL REGULAR MEETING, 5/15/97 24
PGA Marina PLTD Marty Minor reviewed the petition for a request to rezone 2.92
acres from CG -1 General Commercial to a Planned Unit
Development and for site plan approval for an existing boat sales
operation on 7 47 acres north of PGA Boulevard west of the
Intracoastal Waterway. Mr. Minor stated that the site plan was for
the existing 36,335 square foot boat warehouse, 2,244 square foot
boat sales center, a 1,250 square foot commercial building and a
600 square foot marine store. Currently there are 264 dry and 20
wet boat slips on the site. The petitioner proposed to gain approval
for the following uses- Boat Sales and Brokerage, Boat Storage and
Repair, Ship's Store, Fuel Sales, Jet Ski and Boat Rentals. Mr.
Minor stated these uses are non - conforming uses on the site. The
City has no record of approvals for on -site boat sales on this site.
There is an access easement through the subject site which leads to
the adjacent Riverhouse restaurant. The Planning and Zoning
Commission recommended approval of this petition, with
conditions. One of the conditions was the requirement for
landscaping along the north of the boathouse building be installed,
which has been done, however, the petitioner is still requesting 3
waivers from the landscape code. A waiver from the 15 -foot
landscape buffer requirement along PGA Boulevard at the
southeast corner of their site, a waiver from the requirement of a
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25
tree within 44 feet of each parking space, and a waiver from the
required eight -foot landscape buffer on the north side of the
existing boat warehouse. The petitioner did not meet the parking
requirements, even though some of the parking was inconvenient.
Staff recommended that the site meet all landscape code
requirements.
Councilman Clark stated he was in favor of maximizing
landscaping and coming as close as possible to the code
requirements. Vice Mayor Furtado agreed with Councilman Clark.
Councilwoman Monroe stated that there was a belief in the past
that there should be recognition for the difference between
appropriate landscaping near the water versus landscaping west of
Prosperity Farms Road before getting into the pine flatwoods
section; whereas along the Intracoastal those pines and palmettos
did not look as appropriate as having palm trees and shade trees.
Now that the existing landscaping is beginning to mature,
Councilwoman Monroe felt that this area should be left alone, as
long as they continue to put in the annuals, etc.
Councilman Clark stated he would like to see more trees along the
waterside and agreed with Councilwoman Monroe regarding the 50
foot gap and the landscaping along PGA Boulevard, but would like
CITY COUNCIL REGULAR MEETING, 5115197
26
to see the landscaping increased along the back side of the project.
David Carpenter, representing PGA Marina, addressed the Council
stating they are asking for what is already at the marina. Mr.
Carpenter reviewed the petition and the waivers being requested.
The Council requested the petitioner discuss remaining
landscaping issues with staff to determine if there were viable
solutions.
Mr. Carpenter stated that the only remaining issue was the
requirement for the building to be sprinkled, stating it was built
when it was not required. The Council pointed out that it was a
requirement and they wanted the building to be sprinkled.
Mr. Straub, President of the company, addressed the City Council
stating that the company got involved in this project 3 years ago
when they purchased the property. Mr. Straub stated he was
opposed to being required to sprinkling the building, feeling that it
was not required for what they were petitioning the City for with
the Planned Unit Development. Mr. Straub did not feel the City
could require him to sprinkle the building. Mr. Straub stated that a
third party should have to make this decision and not the Council,
and stated that he felt the requirement was blackmail. In response
to Councilwoman Monroe, Kim Glas stated that the Fire Marshal
stated that they have been trying for several years to get the
CITY COUNCIL REGULAR MEETING, 5115197
27
building sprinkled and because they were told it was just a
temporary use they did not want to spend the money to sprinkle the
building. Councilwoman Monroe stated she did not like the term
temporary use and stated that there were many uses that were built
as temporary and became permanent. Councilwoman Monroe felt
that if the code required a building to be sprinkled then it should
meet code. City Attorney Acton stated that the City may have a
need to look at this project as to whether the fire code applied
regardless of whether there was a PUD application. Attorney
Acton stated that if the PUD application was withdrawn, Council
needed to determine the permitted use of this site and whether the
current uses were allowed to continue.
CITY MANAGER REPORT Assistant City Manager Dunham stated that the Mayor asked him
To express his concern with what happened at the park yesterday
and asked that the coaches be handled appropriately. The Mayor
was also concerned about the way the coaches are chosen and how
much control the City had in choosing the coaches. The Mayor
requested staff research this and staff would be reporting back to
the City Council in the near future.
Mr. Dunham stated staff met today regarding the
telecommunications ordinance and are now in the process of
amending the proposed ordinance and will meet one more time
CITY COUNCIL REGULAR MEETING, 5115197
28
with industry representatives before coming back before the City
Council with a proposed document.
CITY ATTORNEY REPORT Attorney Acton stated that legal staff was in attendance at the
telecommunications ordinance meeting and is now trying to get the
draft from the consultant into the form used by the City.
Councilwoman Monroe, referencing Ordinance 9, 1997, stated that
since that ordinance did not get approval, the City was now in
conflict with the Police Department. Councilwoman Monroe felt
that parking on the streets should be prohibited altogether and
asked Council members to consider this for a near future
discussion.
ITEMS FOR DISCUSSION
PGA Shell Station Kim Glas, Acting Planning and Zoning Director, stated this
petition was a request to rezone a 0.52 acre 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 with two service bays into a "foodmart" and install
four (4) new gas dispensers under a new canopy. The site is
located on the northeast corner of Military Trail and PGA
Boulevard. Ms. Glas stated that the petition had been reviewed by
the City Council at a previous meeting, at which time the Council
CITY COUNCIL REGULAR MEETING, 5/15/97 29
requested the petitioner to either meet code requirements or see
what could be done to lessen the waiver. As a result the floor plan
has been modified to increase the size of the office and utility
storage, thereby reducing the convenience store area to 784 square
feet. Ms. Glas stated that size was still in excess of the code
requirement, which would allow 500 square feet, and the petition
would still require a waiver. The Council stated no objections to
the revised size of the proposed project. Staff was directed to
prepare the necessary documentation for the Council's
consideration.
ADJOURNMENT There being no further business to discuss, the meeting was
adjourned at 11:30 P.
r' r�
APPROVAL
Way WJo§eph `R. Russo
r %
--
,
Vice ,�J , ll
c J��d_ c t?^
e Mayor Lauren Furtado
�uncilwoffyft`ii tkui da Monroe
co an -Eric Jablin
Councilman David Clark
CITY COUNCIL REGULAR MEETING, 5115197
Attest:
Cindy Harvey,`beputy City Clerk
30