Loading...
HomeMy WebLinkAboutMinutes Council 041896CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS APRIL 18, 1996 The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Mayor Russo at8:44 P.M. in the Assembly Room of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida. ROLL CALL The Deputy City Clerk called the roll and present were Mayor Russo, Vice Mayor Furtado, Councilman Jablin, and Councilman Clark. Councilwoman Monroe arrived at 8:12 P.M. ANNOUNCEMENTS Mayor Russo welcomed Palm Beach Community College students to the meeting, and stated that the announcements were as posted on the City's bulletin boards. PRESENTATIONS: WILLIAM KAZAKAVAGE A pin for 10 years of service was awarded to William Kazakavage, Public Works Department. ROBERT BONIEWSKI A pin for 15 years of service was awarded to Robert Boniewski, Fire Department. AMERICAN TRUCKERS Jeff Drury, American Truckers Association, explained CITY COUNCIL REGULAR MEETING, 4/18/96 PAGE 2 that he had addressed the MPO that morning regarding the importance of trucking to the State and the importance of the Truckers Association working with the cities and counties. Mr. Drury commented that he had agreed to work with the MPO to find a solution to the traffic problems involving trucks, and agreed with Vice Mayor Furtado's suggestion that truck lanes could replace HOV lanes and that this should be addressed while the I-95 widening was in the construction phase. Mr. Drury also suggested limiting trucks to off-peak hours, and commented that Publix had agreed to cooperate. The Vice Mayor suggested that driver's license tests be conducted out on the roads instead of behind the courthouse, and commented that each member of the MPO would ride in a truck before their next meeting in order to gain perspective regarding the truckers' problems. Mr. Drury stated that their association would work with the City in any way possible. NURSERY REPORT Director of Public Works Bob Patty reported the annual costs to operate the City Nursery, and reviewed the Public Works operations which were accomplished annually on approximately ten acres of the nursery land, which saved money. Mr. Patty recommended that CITY COUNCIL REGULAR MEETING, 4/18/96 ITEMS BY MAYOR AND COUNCIL WESTMINISTER CHURCH ACQUISITION PAGE 3 if the nursery was kept in operation that trees could be removed and planted on a break even basis and the rest of the property could be utilized for additional Public Works functions, which would save the taxpayers $40,000 to $50,000 annually for normal operations. Discussion ensued regarding the cost of trees to residents. It was agreed to leave the price at $50 for another year to allow residents in the older sections of the City to take advantage of this program at an affordable cost. City Manager Herakovich reported that a contract had been negotiated and presented to the City Council for review. After review of the contract provisions, it was explained that the purchase price would not change even though it could be up to 1-1/2 years before the closing date. Mayor Russo commended both parties on the contract negotiation. Councilman Clark made a motion to approve the contract for sale and purchase as presented to the City and to authorize the City Manager and/or the Mayor, as appropriate, to execute same. Motion was seconded by Vice Mayor Furtado, and carried by unanimous vote of 5-0. CITY COUNCIL REGULAR MEETING, 4/18/96 PAGE 4 BACKGROUND CHECKS Human Resources Director James Waldron recommended that background checks be performed by an outside service, since that was more cost effective than when done in-house. City Manager Herakovich commented that since this item had not been budgeted, staff would research funding sources and would come back for contract approval. VICE MAYOR FURTADO The Vice Mayor reported that FDOT had assured the MPO that the designs for the I-95 sound barrier walls would be completed this summer, and they had agreed to pay for temporary fencing for the residential portion from Northlake Boulevard to Burns Road where they had removed the vegetation. Vice Mayor Furtado commented that the chain link fencing was not the temporary fencing that would be erected. The City Manager commented that staff would send a letter to the Turnpike Authority to assist the PGA National residents in their attempts to also obtain a wall. The City Manager also explained that DOT had the ability to enter .into an agreement with a local government agency whereby that agency would accept bids and award the contract for fencing, and could send the invoices to DOT. This arrangement, which would speed the process by approximately six months, CITY COUNCIL REGULAR MEETING, 4/18/96 PAGE 5 would be presented to the City Council for approval at the next meeting. Vice Mayor Furtado reported that the Recreation Advisory Board needed two alternates, that the Board had suggested that all board members have name tags, and that they had requested a workshop with the City Council. Discussion ensued regarding the Vice Mayor's suggestion that all Boards meet with the City Council for a workshop once a year, with the conclusion that if a Board requested a workshop then the City Council would meet with them. Vice Mayor Furtado suggested that a notice regarding an upcoming task force be placed in the City's newsletter so that residents could respond indicating their interest so that when the Community Affairs Coordinator in place that volunteers would already be identified. Mayor Russo recommended that money be budgeted for that Board. The Vice Mayor recommended that road improvements in the Capital Improvement Plan would be coordinated with drainage corrections, to which the City Manager responded that the drainage crew would coordinate their work with the road improvements. The Vice Mayor reported that Sam Carsillo was home after an operation and was happy that all items on his list had been resolved except for the train whistle. CITY COUNCIL REGULAR MEETING, 4/18/96 PAGE 6 COUNCILMAN JABLIN Councilman Jablin assured Gay Turner that a letter was being prepared in response to her correspondence. COUNCILMAN CLARK Councilman Clark reported that Commissioner Marcus had suggested that the International Childrens Museum project seek an option to acquire a portion of the County parcel on the south side of PGA Boulevard, and volunteered to attend the County Commission meeting to make a presentation assuring the Commission that the museum location was consistent with the City's plan for PGA Boulevard. Mayor Russo reported he had been also been contacted regarding a presentation, but that he was unable to attend the meeting. It was the consensus of the City Council that Councilman Clark make a presentation at the Commission meeting. MAYOR RUSSO The Mayor reported that the Municipal League supported the concurrency issue; reported that the County was developing an Ordinance which would allow them to negotiate charges for services with individual municipalities rather than everyone paying the same amount for a specific service; and reported that Wackenhut had indicated a desire to help the City in any way possible. PRESENTATION PETE BERGEL Pete Bergel was awarded a pin for 15 years service CITY COUNCIL REGULAR MEETING, 4/18/96 CONSENT AGENDA PUBLIC HEARINGS: ORDINANCE 3, 1996 PAGE 7 with the Fire Department. Councilman Clark made a motion to approve the Consent Agenda with the amendment of minutes submitted to the City Council earlier that evening in their packets. Vice Mayor Furtado seconded the motion, which carried by 5-0 vote. The following items were approved on the Consent Agenda: 1. Approval of Minutes of 4/4/96 City Council Regular Meeting. 2. Proclaiming May 6-13, 1996 as "Drinking Water Week". 3. Proclaiming May 5-11, 1996 as "Municipal Clerks Week". Mayor Russo declared the Public Hearing open, which was duly advertised 4/3/96, for consideration of Second reading and adoption of Ordinance 3, 1996 - Amending Chapter 33 of the Palm Beach Gardens Code, Entitled "Police Department"; Revising the Credited Service of the Fund; Revising the Normal Retirement Benefit; Revising the Duty Disability Provisions; Revising the Buyback Provisions; Adding Review Procedures; Adding a Rollover Provision; Providing for Severability; Providing for Codification; and, CITY COUNCIL REGULAR MEETING, 4/18/96 PAGE 8 Providing for an Effective Date. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Vice Mayor Furtado made a motion to approve Ordinance 3, 1996 for consideration of second reading and adoption. Councilman Jablin seconded the motion, which carried by unanimous vote of 5-0. The Deputy City Clerk read Ordinance 3, 1996 on Second Reading by title only. ORDINANCE 4, 1996 Mayor Russo declared the Public Hearing open, which was duly advertised 4/3/96, for consideration of Second reading and adoption of Ordinance 4, 1996 - Providing for a Pension Plan Re -Entry Period for those Employed by the City as Police Officers; Providing for an Expiration Date; Providing for Severability, Providing for the Repeal of Ordinances or Parts of Ordinances in Conflict Herewith; and, Providing for an Effective Date. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Vice Mayor Furtado made a motion to approve Ordinance 4, 1996 for consideration of second reading and adoption. Councilman Jablin seconded the motion, which carried by unanimous vote of 5-0. The Deputy City Clerk read Ordinance 4, 1996 on Second Reading by title only. CITY COUNCIL REGULAR MEETING, 4/18/96 PAGE 9 REORDER OF AGENDA Councilwoman Monroe made a motion to reorder the agenda to consider Resolutions 64, 66, 67, and 68, 1996 next and then the NorthCorp PCD Amendment. Vice Mayor Furtado seconded the motion, which carried by unanimous vote of 5--0. RESOLUTIONS: RESOLUTION 64, 1996 Principal Planner Bristol Ellington reviewed the staff report for Resolution 64, 1996 - Consideration of Approval of an Amendment to the Gardens Plaza Site Plan re: Covered Parking Structures. Henry Skokowski, agent for the petitioner, explained that the request was for temporary parking improvements which would be replaced with a permanent parking structure upon construction of the second office building, and proposed that the applicant provide landscape improvements in all key island parking lot areas as well as additional landscaping, irrigation, and permanent maintenance to the Fairchild Drive median near the library. Bob McIntosh, a tenant in the office building, spoke on behalf of other tenants in support of the covered parking. Discussion ensued during which the City Attorney advised that if the City Council wished to exceed the 5% limitation on covered parking that the Ordinance should be amended. CITY COUNCIL REGULAR MEETING, 4/18/96 PAGE 10 After further discussion, it was the consensus of the City Council that the City Attorney research whether they could legally approve one space per office and if so, this item would be placed on the next Consent Agenda for approval. If it was found not to be legal, the item would be rescheduled on the agenda for further consideration. RESOLUTION 66, 1996 Principal Planner Ellington reported the status of fines imposed upon the Sanctuary by the Code Enforcement Board. City Forester Mark Hendrickson reviewed the proposed mitigation/restoration plan for Resolution 66, 1996 - Consideration of Approval of the Sanctuary PUD Amendment, including the fact that the plans indicated that the Frenchman's Creek 25' wide bermed landscape buffer and fence encroached into the Sanctuary's 50' side buffer area at the northwest corner, which the Sanctuary proposed to allow. Councilwoman Monroe expressed concern that Frenchman's Creek would be patrolling on Pulte's land. City Attorney Baird expressed an opinion that after replat that purchasers would take title subject to the replat. Concern was expressed regarding whether there would be a problem with any existing lots, with the conclusion that only two lots would be affected. CITY COUNCIL REGULAR MEETING, 4/18/96 PAGE 11 After further discussion, Condition 4 was changed at the suggestion of the City Attorney to read: The landscaping shall be warranted/guaranteed for one year by the petitioner from the date the City accepts certification. Bob Bentz, agent for the Petitioner, commented that with approval of this plan the Petitioner was ready to move forward. Councilman Clark made a motion to approve Resolution 66, 1996, with the amendment to Condition 4 as read into the record by the City Attorney, Councilman Jablin seconded the motion, which carried by unanimous 5-0 vote. RESOLUTION 67, 1996 Principal Planner Ellington reviewed the staff report for Resolution 67, 1996 - Consideration of Approval of an Amendment to Rear Setback on Lot 27 in Parcel E-1, Frenchman's Creek. Bill Watkins, agent for the owners, described the waiver request. Guest facilities were discussed, and staff reported this guest suite was consistent with prior approvals in this area. Councilman Clark made a motion to approve Resolution 67, 1996. Councilman Jablin seconded the motion, which carried by unanimous 5-0 vote. RESOLUTION 68, 1996 Principal Planner Ellington reviewed the staff report CITY COUNCIL REGULAR MEETING, 9/18/96 PAGE 12 for Resolution 68, 1996 - Consideration of Approval of an Amendment to the Approved Site Plan for Lot 2 of South Park Center Plat within the NorthCorp Center PCD. Agent for the Petitioner Jeff Lis stated agreement with all of the staff's conditions. Councilman Clark made a motion to approve Resolution 68, 1996. Councilwoman Monroe seconded the motion, which carried by unanimous 5-0 vote. ITEMS FOR DISCUSSION NORTHCORP FCD AMENDMENT Principal Planner Ellington reviewed the staff report which described the request to amend Ordinance 1, 1990 for the NorthCorp Center PCD. The problem raised by the owner of Stayin' Alive Fitness Center at a prior meeting was discussed. The possibility of using speed humps was discussed. City Engineer Lindahl discussed items presented in a letter received that day from Catalfumo, one of which was that the staff conditions did not address the necessity to correct a critical drainage problem which was surfacing as development of the property progressed. The City Engineer explained that it was not included as a condition because it was not necessary to be included in an amendment, but only required a meeting to come to consensus on how to CITY COUNCIL REGULAR MEETING, 4/18/96 PAGE 13 resolve the problem, which could be accomplished by allotting sufficient open surface storage areas on the site. Another issue raised by Catalfumo was the 50 - foot drainage easement running along the entire east boundary just west of the FEC railroad which the City required could not be built as an open channel, but must be constructed as a storm sewer and would be paid for by the developer or a subsequent entity. The third issue raised by Catalfumo was the roadway north of RCA between Lots 1 and 2, which was option 3 on the City's thoroughfare plan, and recommended that this become a condition. Only the roadway issue was a new amendment to the PCD; the other two items were in the existing development order for NorthCorp and South Park plat. The City Engineer stressed that the project should not proceed without resolution of these problems. Because of lack of time, it was the consensus of the City Council to return to this item after consideration of remaining agenda items. RESOLUTION 69, 1996 Vice Mayor Furtado made a motion to approve Resolution 69, 1996 - Consideration of Approval to Amend the Site Plan for the Medical Mall at the Palm Beach Gardens Parcel at the Regional Center Planned Community District, by Modifying the Exterior Architectural CITY COUNCIL REGULAR MEETING, 4/18/96 PAGE 14 Finishes to the Buildings. Councilwoman Monroe seconded the motion, which carried by unanimous vote of 5-0. ORDINANCE 5, 1995 Linda Hughey requested postponement of this item, stating that it was not what the task force had proposed. Councilwoman Monroe suggested that Ordinance 5, 1996 - Amending Chapter 159 of the Palm Beach Gardens Code, Entitled "Land Development Regulations", Specifically Section 159.11 "Parking and Storage of Commercial Vehicles, Boats, Buses, Trailers and Trucks"; Providing for Severability; Providing for Codification; and, Providing for an Effective Date be placed on First Reading in order to save time, and to discuss changes later. Councilwoman Monroe made a motion to place Ordinance 5, 1996 on First Reading by title only. Motion was seconded by Vice Mayor Furtado, and carried by unanimous vote of 5-0. The Deputy City Clerk read Ordinance 5, 1996 on First Reading by title only. ORDINANCE 7, 1996 Councilwoman Monroe made a motion to place Ordinance 7, 1996 - Amending Chapter 93, Code of Ordinances, Fire Protection and Prevention by Creating a new Section 93.29 to be Entitled "Recovery of Hazardous CITY COUNCIL REGULAR MEETING, 4/18/96 ORDINANCE 8, 1996 ITEMS FOR DISCUSSION COMP PLAN AMENDMENT PAGE 15 Substances Response Costs"; Providing for Severability; Providing for the Repeal of Ordinances or Parts Thereof in Conflict Herewith; and, Providing for an Effective Date on First Reading by title only. Vice Mayor Furtado seconded the motion, which carried by unanimous vote of 5-0. The Deputy City Clerk read Ordinance 7, 1996 on First Reading by title only. Councilwoman Monroe made a motion to place Ordinance 8, 1996 - Adopting the Evaluation and Appraisal Report of the Comprehensive Plan of the City as set forth in Exhibit "A". Providing for the Repeal of all Ordinances or Parts in Conflict Herewith, Providing for Severability, and, Providing for an Effective Date, on First Reading by title only. Vice Mayor Furtado seconded the motion, which carried by unanimous vote of 5-0. The Deputy City Clerk read Ordinance 8, 1996 on First Reading by title only. Councilwoman Monroe expressed concern that this item -- Comprehensive Plan Amendment #96-1 (MacArthur Parcel 13.01)-- might be approved only because the Visioning Committee had recommended it, however, it was explained that this item had been discussed at a previous meeting when Councilwoman Monroe was not CITY COUNCIL REGULAR MEETING, 4/18/96 PAGE 16 present. SHOPPES ON THE GREEN PARCEL 2 (BURGER KING) Principal Planner Ellington provided background for this item and explained that Burger King project representatives had met with CAN members to try to resolve traffic concerns and had formulated four conditions which they would like to have incorporated into the development order. Staff's concern was only with the third condition which would restrict the hours for pickup of refuse, solid waste, and recyclables, since the proposal was in conflict with the City's contract with Waste Management. Staff therefore recommended that condition not be incorporated within the development order, since they believed it was not enforceable by the City. Sara Lockhart, agent for the Petitioner, requested further direction from the City Council regarding signage. It was the consensus of the City Council that the sign not be placed on the roof. Ms. Lockhart commented that the drive-through met site plan standards in the Code. Mayor Russo and Councilman Jablin expressed concern with the circulation and internal flow of traffic. Other Council members expressed opinions that the traffic would not be a problem at this CITY COUNCIL REGULAR MEETING, 4/18/96 PAGE 17 location. A member of the audience commented the CAN Board had voted that they preferred that Burger King not locate on that site because of the number of restaurants already in the immediate area. Mayor Russo advised that residents would have an opportunity to express opinions at the Public Hearing. NORTHCORP PCD AMENDMENT (CONTINUED) Nick Lioce, Agent for CTB Ventures, Inc., explained that items requested by the City over the past four years were now being incorporated into an amendment and were not new requests. Mr. Lioce described the differences requested in the uses from those in the original ordinance, and stated that the three uses at issue were the hotel, category 4 (art galleries museums, dance, art and music studios), and fraternal organizations. Mr. Lioce explained that traffic for these uses was no more than for industrial uses, and that the problem was none of those three uses could fit within another building to which the 5% and 10$ limitation applied. Mr. Lioce explained that Petitioner agreed that if the right to use the FEC drainage canal was withdrawn then the City at its discretion could require them to furnish proper drainage, and that the objection was only to the fact CITY COUNCIL REGULAR MEETING, 4/18/96 PAGE 18 that the proposed language stated that the City could require this at any time. Mr. Lioce stated he was unprepared to discuss the 80 -foot right-of-way, however, could state that Petitioner could not agree to such an easement, and that it was not a requirement, but only an alternative for a traffic exit for the MacArthur Foundation property, and was unnecessary. Mayor Russo recalled that the original developer had agreed to develop this parcel as a PCD, and explained that was the way that the City wanted, and that the City and the present developer should work together. Mr. Lioce explained that the Petitioner had agreed to all other conditions except those he had discussed at this meeting. Mayor Russo commented that it was time that all issues were resolved. CITY COUNCIL REGULAR MEETING, 4/18/96 PAGE 19 ADJOURNMENT There being no further business to discuss, motion was made by Councilwoman Monroe, seconded by Councilman Clark, and unanimously approved to adjourn the meeting at 11:30 P.M. APPROVAL MAYOR JOE RUSSO VICE MAYOR LAUREN FURTADO COUNCILWOMAN LINDA MONROE COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK ATTEST: CINDY HARVEY, DEPUTY CITY CLERK