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HomeMy WebLinkAboutMinutes Council 080196CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS AUGUST 1, 1996 The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Vice Mayor Furtado at 7:30 P.M. in the Assembly Room of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida. ROLL CAT.L The Deputy City Clerk called the roll and present were Vice Mayor Furtado, Councilwoman Monroe, Councilman Jablin and Councilman Clark. Mayor Russo was absent from the meeting. ANNOUNCEMENTS Vice Mayor Furtado called for a moment of silence in respect for those who had recently lost their lives in the disaster at the Olympics. Vice Mayor Furtado stated that the announcements were as posted on the City's bulletin boards. City Manager Herakovich announced that this would be the last meeting for Principal Planner Bristol Ellington, and that there would be a employee luncheon in his honor at noon the next day. City Council Regular Meeting 8/1/96 PAGE 2 CnMMFNTS FROM THE PTJRT.TC: TONY ANTHONY Mr. Anthony commented that he would speak at the next meeting or when Mr. Patty was in attendance. The City Manager advised Mr. Anthony that Assistant City Manager Dunham would be happy to discuss any concerns. CONSENT AGENDA Councilwoman Monroe requested that item 7 be pulled from the Consent Agenda. Councilman Clark made a motion to approve the Consent Agenda as amended. Councilman Jablin seconded the motion, which carried by 4 -0 vote. The following items were approved on the Consent Agenda: 1. Approval of Minutes of 7/18/96 City Council Regular Meeting. 2. Resolution 109, 1996 - Consideration of Approval of BallenIsles Parcel 19B Entry and Signage. 3. Resolution 110, 1996 - Consideration of Approval of BallenIsles Parcel 9 Entry and Signage. 4. Resolution 111, 1996 - Consideration of Approval of an Amendment to the Site Plan for M -36 within PGA National Community District to change the Perimeter Wall and Planting Plan. 5. Resolution 112, 1996 - Consideration of City Council Regular Meeting 8/1/96 Approval of a Agreement with Homeowners Associ 6. Resolution 113, Approval of a Agreement with Association, Inc. PAGE 3 Uniform Traffic Control Townhomes of Marlwood ation, Inc. 1996 - Consideration of Uniform Traffic Control Sabal Ridge Homeowners PUBLIC _HEAPINGS: RESOLUTION 100, 1996 Vice Mayor Furtado declared the Public Hearing open for consideration of Approval for a Conditional Use for the Construction of Three (3) 363 -foot Communication Towers, duly advertised 7/8/96 and postponed from the 7/18/96 Regular Meeting. Vice Mayor Furtado read aloud from a letter from Palm Beach County Commissioner Karen Marcus which stated that she would be unable to attend tonight's meeting, but had reserved the Palm Beach Gardens High School Auditorium for Monday, August 26, 1996, from 7 P.M. until 11 P.M. The County's Communication Division would provide the necessary equipment, including a dual recording system. Her staff would make contact the next day to determine what equipment would be needed by the City. Raymond Royce, attorney for the applicant, stated his objection to moving the meeting from City Hall because City Council Regular Meeting 8/1/96 PAGE 4 all other hearings had always been held at City Hall; at the time of enactment of the Communications Tower Ordinance in the fall of last year the same people who now sought to be accommodated were in attendance at all those meetings at the City Hall; the Planning and Zoning Meetings involved in this matter had all been held at the City Hall; at the City Council meeting last month the objectors were present and were represented by their Counsel; Mr. Fields and Commissioner Marcus were also present and testimony and cross examinations were held; moving this to a high school where hundreds of seats were available had the potential for turning this hearing into a mob scene of a circus with the intent to fill the auditorium to intimidate or influence the City Council. Attorney Royce stated that no problems with participation had been brought forward, and his concern was that his client would be deprived of a fair hearing by moving the meeting. Attorney Royce stated for the record that he objected to moving the meeting. Discussion ensued during which Councilwoman Monroe questioned the size of chambers with which Mr. Royce would be comfortable, to which the response was approximately 100, based on an estimate of City Council Regular Meeting 8/1/96 PAGE 5 approximately 60 inside and 30 to 40 outside the room at the last meeting. Mr. Royce pointed out that the meeting place and sound system were being provided by the opposing side. Councilmember Clark assured Mr. Royce that the City Council would not be intimidated by the number of people, that there was precedent, and if the crowd became out of control that the hearing would cease and would be resumed at a time and place where a measured and considered discussion of the issues could take place and a decision made upon the facts. William J. Bennett, President of Palm Beach Country Estates Association, spoke in support of moving the meeting, and verified that August 26 was still an acceptable date. Councilwoman Monroe spoke regarding the inadequate size of the Council Chambers that it was very difficult to have an adequate public hearing in the inadequate facilities at the City Hall, and that another suitable facility was available within the City. Vice Mayor Furtado spoke in regard to health and safety issues and that the air candition"g did not work properly with the room packed and the heat in the lobby area was uncomfortable. The Vice Mayor expressed concern that all of the people could not hear the proceedings. Mr. City Council Regular Meeting 8/1/96 RE -ORDER OF AGENDA RESOLUTIONS RESOLUTION 118, 1996 PAGE 6 Morris of Palm Beach Country Estates expressed his opinion that there had been far more than thirty people outside at the last meeting. Councilman Clark made a motion to recess the Public Hearing on Resolution 100, 1996, until August 26, 1996 at 7 P.M. at the Palm Beach Gardens High School Auditorium. Councilwoman Monroe seconded the motion, which carried by unanimous 4 -0 vote. Councilman Jablin made a motion to re -order the agenda with Resolution 118, 1996 at the top. Councilman Clark_ seconded the motion, which carried by unanimous 4 -0 vote. City Manager Herakovich discussed Resolution 118, 1996 - Consideration of Approval of an Easement and Maintenance Agreement between Seymour Fine and the City of Palm Beach Gardens. One of the major issues had been that because of the configuration of office spaces within the building the businesses fronting on Riverside Drive had no rear access to receive deliveries, so that parking spaces along Riverside Drive were needed. Jonathan Rickets spoke as representative for Mr. Fine and explained that the agreement only pertained to an easement for the City Council Regular Meeting 8/1/96 PAGE 7 sidewalk which had been redesigned for safety to pedestrians and traffic. Councilwoman Monroe stated she would vote in favor of the easement but objected to only seeing the completed plan right before this evening's meeting. Councilman Clark made a motion to approve Resolution 118, 1996. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. PTTRT,TC' HF'ARTNC,S RESOLUTION 114, 1996 Principal Planner Bristol Ellington reviewed the staff report dated July 11, 1996 for Resolution 114, 1996 - Consideration of Approval for a Conditional Use for an existing Automobile Rental and Storage of Inventory at Holiday Inn Hotel. Vice Mayor Furtado declared the Public Hearing open, which was duly advertised 7/17/96 and held on the intent of Resolution 114, 1996, Jerry Schram, with Value Rent -A -Car, explained that since the applicant was not the property owner they would like to proceed without the landscaping requirements. The location for storage of the cars was verified. Hearing no further comments from the public, Vice Mayor Furtado declared the Public Hearing closed. Councilwoman Monroe made a motion to approve Resolution 114, 1996. Councilman Jablin seconded the City Council Regular Meeting 8/1/96 motion, which carried by unanimous 4 -0 vote. PAGE 8 ORDINANCE 13, 1996 Vice Mayor Furtado declared the Public Hearing open, which was duly advertised 7/17/96 and held on the intent of Ordinance 13, 1996 - Adopting and Enacting a New Code for the City of Palm Beach Gardens - for Consideration of Second Reading and Adoption. City Manager Herakovich reported that staff had worked on this new code for more than a year and had done a good job. Hearing no comments from the public, Vice Mayor Furtado declared the Public Hearing closed. Councilman Clark made a motion that Ordinance 13, 1996 be placed on Second Reading by title only and adopted. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. The Deputy City Clerk read Ordinance 13, 1996 by title only on Second Reading. RESOLUTIONS RESOLUTION 90, 1996 Principal Planner Ellington reviewed the staff report dated 7/22/96 for Resolution 90, 1996 - Consideration of Approval of an Amendment to the Gardens Park Plaza Site Plan for the Expansion of WinnDixie Supermarket on the Southeast Corner of Military Trail and Northlake Boulevard. Hank Skokowski, agent for the petitioner, described architectural and landscaping revisions which had been made since the last meeting, City Council Regular Meeting 8/1/96 PAGE 9 and explained that the existing coolers had received permits in 1978, and that the dumpster near Great Western Bank had been removed. Mr. Skokowkki described removal of the right turn access requested by the City Council to improve traffic safety, and changes made to parking spaces. Mr. Skokowski explained the newly proposed building colors, signage changes, additional proposed pavers, and shopping cart corrals. Mr. Skokowski commented that because of other commercial development in the area which would provide competition for this shopping center that this center would be better maintained in the future. Councilwoman Monroe questioned the City's policy regarding outdoor coolers, and requested that staff address this matter before another application was received. Discussion regarding the paver area resulted in the following condition of approval suggested by Principal Planner Kim Glas- Castro: Prior to C.O. the tile patterns will be adjusted to fully cover previous planter areas and other patched areas visible after the red paint is stripped. Councilman Clark made a motion to approve Resolution 90, 1996 with the additional condition read into the record by Kim Glas- Castro. The motion was seconded by City Council Regular Meeting 8/1/96 PAGE 10 Councilman Jablin. Councilman Clark withdrew the motion and Councilman Jablin withdrew the second in order to add a further condition. Councilman Clark made a motion to approve Resolution 90, 1996 with the amendment read into the record by Kim Glas- Castro and the additional condition that the two existing guava trees in front of the store be relocated to the planter near the main entrance, at either end of that planter. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. Resolution 99, 1996 City Council members expressed satisfaction with the BallenIsles improvements in progress. Councilwoman Monroe requested that the line of sight when leaving Trinity Methodist going east be improved since one palm seemed out too far and other plants might need to be changed. Principal Planner Ellington discussed Resolution 99, 1996 - Consideration of Approval of a Site Plan for Parcel 22 of the BallenIsles Planned Community District for the Construction of 28 Single - Family Detached Residential Units on 8.55 Acres, explained the three requested waivers, and reported that staff recommended approval with the conditions as outlined in the staff report. Architect Scott Fleming described the architecture for the project. Dale Mock City Council Regular Meeting 8/1/96 PAGE 11 described the landscape concept. After discussion, Councilman Clark made a motion to approve Resolution 99, 1996. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. Councilwoman Monroe expressed concern for proper access by emergency vehicles in the event of a large party with many cars parked along the road, to which the developer responded that in most such instances the residents arranged for valet parking. RESOLUTION 108, 1996 Principal Planner Kim Glas - Castro discussed Resolution 108, 1996 - Consideration of Approval of Comprehensive Plan Amendment Process, and explained that this was a changed process for a small scale amendment. Quarterly processing was recommended by staff. After discussion, Councilwoman Monroe recommended the following language to the second sentence in Section 4: In addition to the time periods established above, a petition for consideration of an emergency Comprehensive Plan amendment may be processed and subsequently granted by the unanimous vote of all members of the City Council and in accordance with the requirements of Florida Statutes pertaining to said emergency. Councilman Clark made a motion to approve City Council Regular Meeting 8/1/96 PAGE 12 Resolution 108, 1996 with the amendment read into the record by Councilwoman Monroe. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. RESOLUTION 115, 1996 Principal Planner Ellington reviewed the staff report dated 7/22/96 regarding Resolution 115, 1996 - Consideration of Approval of Seacoast Utilities PGA Waste Water Treatment Plant Expansion. After discussion, Councilman Clark made a motion to approve Resolution 115, 1996 with the following typographical corrections: insertion of the words PLANT SITE in front of the word PLAN; in Section 1 after amendment to the and before Seacoast Utility insert the words Site Plan. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. RESOLUTION 116, 1996 Principal Planner Ellington described the intent of Resolution 116, 1996 - Consideration of Approval of a Minor Amendment to Championship Drive Guard House and explained that staff recommended approval with one condition. Mr. Ellington explained that one resident had complained that the gates would be closer to his back yard, but that the resident was not present at this meeting. Frank Palen, representing the Championship Property Owners Association, explained City Council Regular Meeting 8/l/96 PAGE 13 the new proposed configuration for which the residents would be assessed. Councilwoman Monroe made a motion to approve Resolution 116, 1996 Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. RESOLUTION 117, 1996 Principal Planner Ellington reviewed the staff report for Resolution 117, 1996 - Consideration of Approval of a Site Plan for a Fitness Park within the BallenIsles Planned Community District, and stated that staff recommended approval with one condition. After discussion, Councilwoman. Monroe made a motion to approve Resolution 117, 1996. Councilman Jablin seconded the motion. Councilwoman Monroe questioned how staff would know when Phase 5 roadway was completed, to which Mr. Salour responded that a signoff from the City was required before the road could be opened. The motion carried by unanimous 4 -0 vote. ITEMS FnR I)TSCUSSION rr%uru DrLu 1"11LL1iVG rl-ftl z 1997 BUDGET Finance Director Olson recommended a millage rate of 3.9150 for the 1996 tax year, with which the City Council was in agreement. EAR WORKSHOP - DCA COMMENTS Principal Planner Kim Glas - Castro explained that since City Council Regular Meeting 8/1/96 PAGE 14 DCA comments to the draft Evaluation and Appraisal Report transmitted in April had been vague in the areas of affordable housing, coastal management, capital improvements, and deferring details to the LDR, that staff had inserted additional language into the EAR to address the comments. The public hearing for adoption had been advertised for August 15. Comments by City Council members addressed changes to specific sections. SUSTAINABLE COMMUNITIES Planner Marty Minor discussed the proposed Application for Designation in the Sustainable Communities Demonstration Project. After discussion, direction to staff was to correct minor grammatical errors, to proceed with submittal of the application, and to remain alert to any future developments with which the City might not desire to participate. ITEMS BY THE MAYOR AND CITY COUNCIL COUNCILWOMAN MONROE Councilwoman Monroe reported attendance at a joint meeting of the Code Enforcement Boards of Palm Beach Gardens and the Town of Jupiter where legal counsel had presented an enactment of a case. Councilwoman Monroe commented that she had learned from the presentation, and suggested that the citation process City Council Regular Meeting 8/1/96 PAGE 15 be reviewed and instituted if appropriate. Vice Mayor Furtado discussed two recent situations where violations had not been treated the same by Code Enforcement personnel, and stressed that consistency was needed. Councilwoman Monroe suggested that the first notification be softened so that perception by residents would not be negative, and that situations in the older sections of town should be addressed ASAP. Councilman Clark suggested a first notice stating the objectives the City was trying to accomplish, the reason the resident was cited, and the expected compliance, with a consistent follow -up procedure. VICE MAYOR FURTADO The Vice Mayor discussed a letter which had appeared in Weekday regarding Holly Drive, which she felt reflected that the writer had not been aware of the true picture of everything concerning that project. Vice Mayor Furtado suggested an open letter report to the residents in the City's newsletter stating why the project was started and explaining subsequent developments which led to additional unanticipated work, and explaining sources of funding. Complaints received from Holly Drive residents that they had not received notification of the project were discussed. City Council Regular Meeting 8/1/96 PAGE 16 The Vice Mayor explained that she had requested the Deputy City Clerk to research how many of the original notices had been returned. In response to Vice Mayor Furtado's request regarding the status of the business surveys, the City Manager responded they would be sent out within a couple of weeks. COUNCILMAN JABLIN Councilman Jablin reported on comments received regarding the Friends of the Referendum meeting, to which the City Manager responded that staff would be developing a fact sheet for clarification. Accentuating the idea of grants had been suggested. The Vice Mayor reported some residents had indicated that they would like to donate specific items, to which the City Manager responded that after a design was accepted, staff would develop a program for handling such items. CITY MANAGER The City Manager reported that Mayor Russo had had a previous out -of -town engagement which was the reason he was not in attendance at tonight's meeting. City Manager Herakovich reported that modular units were in the process of being set up. The City Manager reported that staff had recently held a charette with Architects Design Group to determine internal space and work flow needs. Assistant City Manager Dunham City Council Regular Meeting 8/1/96 PAGE 17 reported differences in the modular units received from what was expected, and although restrooms would need to be added the City would gain 10,000 S.F. The City Manager complimented Mr. Ellington on his work record with the City and stated that he would be missed. CITY ATTORNEY Assistant City Attorney Golis and the City Manager updated the City Council on current cases. ADJOURNMENT There being no further business to discuss, motion was made by Councilwoman Monroe, seconded by Councilman Jablin, and unanimously approved to adjourn the meeting at 10:33 P.M. APPRnVAL MA� 0 OE RUSSO VICE MWR LAUREN FURTADO ,CQUNGVO � MONROrE` COUNCIL' AN ERIC"J LIN COUNCILMAN DAVID CLARK ATTEST: 1� e4, � - CINDY HATEY, DEPUTY CI CLERK