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
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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
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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
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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,
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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
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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
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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
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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