HomeMy WebLinkAboutMinutes Council 030796CITY COUNCIL
SPECIAL MEETING
CITY OF PALM BEACH GARDENS
MARCH 7, 1996
The Special Meeting of the City Council of the City of
Palm Beach Gardens, Florida, was called to order by
Mayor Russo at 7:00 P.M. in the Assembly Room of the
Municipal Complex, 10500 North Military Trail, Palm
Beach Gardens, Florida, and opened with the Pledge of
Allegiance to the Flag.
ROLL CALL The City Clerk called the roll and present were Mayor
Russo, Vice Mayor Furtado, Councilwoman Monroe,
Councilman Jablin. Councilman Clark was not in
attendance as he was out of the country on business.
WORKSHOP WITH
PLANNING & ZONING
CmTSSTON City Manager Herakovich explained that the Planning &
Zoning Commission wished to make sure they were acting
correctly in their review of development applications
and were looking for guidance and philosophy from the
City Council. The City Manager proposed discussion
regarding impacts of development on residential areas,
what Council desired in protecting residents,
aesthetics -- color, detail, architectural style, and
CITY COUNCIL SPECIAL MEETING, 3/7/96
PAGE 2
waivers for signage, landscaping, parking, loading
zones, and engineering recommendations. Mayor Russo
explained that the City Council would like to be able
to make only minimal changes on applications which had
been reviewed by the Planning & Zoning Commission.
Mayor Russo commented that he did not like to approve
projects which had been denied by the Planning &
Zoning Commission, and that situations where the
Commission overrode staff recommendations, or where
the City Council overrode the Planning & Zoning
Commission should be very rare. Planning & Zoning
Chairman Sabatello explained that reports from the
City Council Liaison regarding changes made on
applications by the City Council were very helpful to
the Commission; reported that the Commission almost
always agreed with staff recommendations since they
were very thorough; and always tried to make their
position clear to both staff and petitioners.
Chairman Sabatello explained that problems arose when
petitioners came before the City Council for what they
considered minor changes after construction had begun
in order to sidestep the Planning & Zoning Commission,
and that the Planning & Zoning Commission would
welcome such petitioners back for further review.
CITY COUNCIL SPECIAL MEETING, 3/7/96
PAGE 3
Mayor Russo explained that the City Council looked to
Planning & Zoning Director Walton to inform them
whether the Commission had discussed the matter. The
City Manager pointed out that the Planning & Zoning
Commission had the backing of the City Council to deny
projects. Discussion ensued regarding reasons to
deny, and the fact that the decision of Planning &
Zoning Commission was only a recommendation, so that
if they denied an application it would then go to the
City Council for a final decision. Mr. Ornstein
suggested that copies of the City Council minutes be
provided to the Planning & Zoning Commission members
for their information. Vice Mayor Furtado pointed out
that projects approved by the Planning & Zoning
Commission with many conditions sometimes became a
problem when at the City Council level the petitioner
expressed disagreement with some of the conditions.
During discussion, suggestions were made that at the
Planning & Zoning Commission meeting, the applicant
should agree to all of the conditions on the record
and should be told by the Chairman that his agreement
would be reported in the staff report to the City
Council; or City Council could return the petition to
Planning & Zoning Commission for further
CITY COUNCIL SPECIAL MEETING, 3/7/96
PAGE 4
consideration. Councilwoman Monroe pointed out that
the Planning & Zoning Commission did not always know
the intentions of the City Council for areas such as
Northlake Boulevard and for the colors of buildings on
PGA Boulevard. The Vice Mayor discussed the City
Council's policy of thinking of new and different ways
of doing things rather than always adhering to way
things had previously be done. Chairman Sabatello
suggested that a generic statement be formulated by
the City to be read before each motion made by the
Planning & Zoning Commission, which would inform the
petitioner that if major changes were to be requested
at City Council level that the City Council would
return the petition to the Planning & Zoning
Commission.
ADJOURNMENT Upon motion made by Councilwoman Monroe, seconded by
Vice Mayor Furtado, and unanimously carried, the
meeting was adjourned at 7:29 P.M.
Ee��l W& 3%7l e(,
CITY COUNCIL MEETING,-27'15-/9t
APPROVAL
l/ l( � G
MAYOR, JOE RUSSO
d
VICE MAYOR LAUREN FURTADO
OUNCILWOMAN LINDA MONROE
COUNCILMAN R)CAB;L IN
COUNCILMAN DAVID CLARK
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
PAGE 19
CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
MARCH 7, 1996
The Regular Meeting of the City Council of the City of
Palm Beach Gardens, Florida, was called to order by
Mayor Russo at 7:30 P.M. in the Assembly Room of the
Municipal Complex, 10500 North Military Trail, Palm
Beach Gardens, Florida, and opened with the Pledge of
Allegiance to the Flag.
ROLL CALL The Deputy City Clerk called the roll and present were
Mayor Russo, Vice Mayor Furtado, Councilwoman Monroe,
and Councilman Jablin. Councilman Clark was absent
from the meeting.
ANNOUNCEMENTS Mayor Russo stated that the announcements were as
posted on the City's bulletin boards.
PRESENTATIONS:
PERFECT ATTENDANCE Annual Perfect Attendance Awards were presented to
employees who had not missed any days to illness in
1995.
15 YEARS SERVICE A pin for 15 years of service was presented to Captain
Michael E. DeRosa, Police Reserves.
5 YEARS SERVICE A pin for 5 years of service was presented to Sergeant
Greg Timmer, Police Reserves.
CITY COUNCIL REGULAR MEETING, 3/7/96
nn rn �
Mayor Russo introduced Dennis O'Rourke as the new
Police Chief, and declared a moment of silence in
recognition of resident Joe Alfono who had passed
away.
SPORTS AND
ENTERTAINMENT ARENA Beth Forston, Director of Marketing for the Sports
Commission, explained that there are plans to sell the
West Palm Beach Auditorium in two years and to tear
down the arena. The Sports Commission was in the
process of working with the County to develop a plan
to look at the feasibility of replacing this facility.
Ms. Forston discussed the importance of sports to the
area, the role of the Sports Commission, the economic
impact of sporting events brought to the County by the
Commission; and explained that a feasibility study was
in progress regarding building a new arena. City
Council comments were that the bed tax might not pay
for the arena, that a new arena should be built at the
same location as the original arena, and that an arena
was needed to contribute to the quality of life in
this area. Mayor Russo advised that the City Council
would consider a resolution in support of a new arena
as long as it contained safeguards regarding cost, how
CITY COUNCIL REGULAR MEETING,
PAGE 3
it would be paid for, and location. Creative ways of
financing were also discussed.
AWART)TNr, OF RTTIS:
POLICE MOTORCYCLES City Manager Herakovich reported that staff had opened
and reviewed three bids received for the purchase of
police motorcycles, and that staff recommended the bid
be awarded to Harley Davidson of Ft. Lauderdale, low
bidder, in the amount of $21,246. Councilwoman Monroe
made a motion, seconded by Vice Mayor Furtado, to
approve the staff's recommendation. Motion carried by
unanimous vote of 4 -0.
BURNS ROAD CENTER
PLAYSCAPE The City Manager reported that staff recommended a
contract for purchase and installation of a playground
system to replace the existing playscape structure at
Burns Road and that based upon the School Board of
Palm Beach County Bid No. SB 95C -124S, staff
recommended purchasing the equipment from Pete
Jeffreys and Associates, Inc. for $49,949 to be paid
from the 1995 -96 budget. Vice Mayor Furtado made a
motion to approve the staff recommendation.
Councilman Jablin seconded the motion. The motion
carried 4 -0.
TTEMS BY MAYOR AND
CITY COUNCIL
VICE MAYOR FURTADO Vice Mayor Furtado reported that Officer Willie
f'6
CITY COUNCIL REGULAR MEETING,
PAGE 4
Tegreene had been nominated to represent the City as
a candidate for Distinguished Law Officer of the Year
award by the Palm Beach Post. The Vice Mayor
commended the Police, Fire and Public Works
departments for their efforts during the recent train
accident. Vice Mayor Furtado asked that a letter be
sent to the State to request their guidelines
regarding commercial driver's licenses, since she
questioned how the driver of the truck, who had only
limited knowledge of the English language, could have
passed the licensing requirements for driving trucks.
As Liaison for the Parks and Recreation Department,
the Vice Mayor reported that the Board had suggested
that all Advisory Boards have the opportunity to meet
with the City Council once a year to share
information. Other issues regarding Parks and
Recreation were that members were needed for the
Board, and that the Board members had requested
information on why projects have been delayed. Vice
Mayor Furtado announced that a meeting of the MPO on
March 21 would feature FDOT and Turnpike
representatives to hear comments regarding the effect
caused by the removal of vegetation along 1 -95,
requested names of affected residents who might attend
3�. ?�f�G
CITY COUNCIL REGULAR MEETING, PAGE 5
the meeting, and asked for staff assistance on
possible temporary walls if permanent barrier walls
were delayed. The Vice Mayor recommended that a
letter be sent to both authorities stressing the City
Council's position on the good neighbor policy and
requesting that in the future before anything was done
along the main roadways which would affect residents
that the City be notified. The Vice Mayor reported on
the D.A.R.E. graduations. City Manager Herakovich
explained that the D.A.R.E. budget cut had been done
only to remove the expenditure of Tee Shirts from tax
dollars, however, funding was still available from
drug enforcement monies. Vice Mayor Furtado reported
an improvement in additional parents and teachers
working to resolve problems at Howell Watkins school.
The Vice Mayor reported that Tom Warner's office was
in the process of forwarding a packet to the City
regarding procedures necessary to place the proposal
to split the school district into smaller districts on
an election ballot. Mayor Russo reported that the
process was very involved, and suggested that the City
Council take a leadership role in the school district
issue. Vice Mayor Furtado explained that the proposed
action would merely unlock the door to the possibility
3/7/,11
CITY COUNCIL REGULAR MEETING, x+I
PAGE 6
of creating smaller districts by giving residents a
chance to decide if that was what they desired.
COUNCILWOMAN MONROE Councilwoman Monroe reported that the RV Task Force
was not able to meet last week because of lack of a
quorum, but would meet the next week, and that several
viable alternatives to the ordinance had been
suggested.
COUNCILMAN JABLIN Councilman Jablin echoed the Vice Mayor's comments
regarding smaller school districts, and recommended
that the City Council members be the first to sign
the petition.
MAYOR RUSSO Mayor Russo reported that he had attended a D.A.R.E.
graduation at Dwyer High School; and that he had met
with Commissioner Marcus regarding the turnpike
interchange at Northlake Boulevard and recommended the
City Council take a more aggressive role in making a
decision on that interchange, since it was the only
possibility for relieving Military Trail traffic.
Mayor Russo asked that news media be informed of which
areas were in the City, since they are identifying
wrong areas as being in Palm Beach Gardens.
CITY ENGINEER REPORT City Engineer Lindahl reported that all plans and
specifications had been completed by his firm and by
3171f l,
CITY COUNCIL REGULAR MEETING, ZP661106
PAGE 7
the landscape and irrigation consultants for the new
soccer fields utilizing the Klock property, and that
permits had been filed with SFWMD. However, that there
might be a delay in the water use permit until the
City had catalogued all of the older pumps and
irrigation systems for the Water Management District.
A meeting had been scheduled with SFWMD to try to work
out a compromise, and a resolution for City Council
consideration on tonight's agenda would demonstrate to
SFWMD City policy regarding the use of Johnson Dairy
Road. The City Engineer reported on the status of the
Holly Drive improvements, and then reported that FPL
would retain ownership of the street lights and would
continue to operate and maintain them. The City
Engineer explained that some drainage pipes and
asphalt curb would need to be replaced.
CONSENT AGENDA Vice Mayor Furtado made a motion to approve the
Consent Agenda as submitted. Councilman Jablin
seconded the motion, which carried by unanimous 4 -0
vote. The following items were approved on the
Consent Agenda:
1. Approval of Minutes of 2/17/96 City Council
Regular Meeting.
2. Proclaiming the first Saturday in May as
J /T /��
CITY COUNCIL REGULAR MEETING, AOMW
PAGE 8
"National Scrapbook Day"
3. Proclaiming March 25 -31, 1996 as "Hellenic
Olympic Spirit Week"
4. Proclaiming the month of March as "Auto Theft
Prevention & Awareness Month"
5. Resolution 4, 1996 - Consideration of approval
to authorize Mayor and City Clerk to execute
an addendum to the employment agreement
between the City and PBA.
6. Resolution 36, 1996 - Consideration of
Approval of an Agreement between the City and
Preston Homeowners Association, Inc. Regarding
uniform traffic control on private streets and
roadways in the Preston PUD.
7. Resolution 37, 1996 - Consideration of
approval to declare the Johnson Dairy Road as
a Dead End at its current terminus.
8. Resolution 46, 1996 - Consideration of
approval to authorize Mayor and City Clerk to
execute an addendum to the employment
agreement between the City and IAFF.
PUBLIC HEARINGS:
ORDINANCE 29, 1995 Mayor Russo declared the Public Hearing reopened for
Consideration of Second Reading and Adoption of
3/
CITY COUNCIL REGULAR MEETING,
PAGE 9
Ordinance 29, 1995 - Amending Section 159.019 of the
Palm Beach Gardens Code Land Development Regulations
(Effective Period of Development Orders), duly
advertised 12/25/95, and postponed from the 2/1/96
Regular Meeting. There being no comments from the
public, Councilwoman Monroe made a motion to postpone
this Public Hearing to the Regular Meeting of April 4,
1996. Councilman Jablin seconded the motion, which
carried by unanimous vote of 4 -0.
ORDINANCE 2, 1996 Mayor Russo declared the Public Hearing open for
Consideration of Second Reading and Adoption of
Ordinance 2, 1996 - Text amendment to allow auto
rental and storage as an ancillary use to approved
hotels, duly advertised 2/26/96. There was public
question regarding a definition of utility vehicles,
to which the City Attorney responded that utility
vehicles referred to vehicles such as Explorers,
Jeeps, and off -road vehicles, and that the Ordinance
did allow minivans. The City Attorney proposed the
following changes to the draft ordinance: The term
ancillary in the title and in Section 3 should be
accessory; in Section 1 the word Chapter should be
changed to Section, on page 2 (F) should read, "For
the purposes of this Chapter, automobiles shall be
3 /? /F�
CITY COUNCIL REGULAR MEETING, 206014 L�6
PAGE 10
defined as passenger vehicles of 5,000 pounds or less,
but shall not include trucks, light trucks, jeeps, or
utility vehicles as defined in Chapter 320, Florida
Statutes "; and Section 2(b) should read, beginning in
the fifth line following truck sales "and storage and
repair of same shall be prohibited, provided, however,
strike through motor vehicles and insert automobiles,
may be stored as an accessory use to approved hotels,
and boats may be stored as an accessory use to
marinas." There being no further comments from the
public, Mayor Russo declared the Public Hearing
closed. Councilwoman Monroe made a motion to place
Ordinance 2, 1996 on Second Reading and to approve
with amendments read into the record by the City
Attorney. Vice Mayor Furtado seconded the motion,
which carried by unanimous vote of 4 -0. City Attorney
Baird read Ordinance 2, 1996 on Second Reading by
title only.
RES0T.TTTTnNS ;
RESOLUTION 29, 1996 Planning & Zoning Director Walton reviewed the staff
report regarding consideration of approval of an
amendment to Admiralty II PUD for monument sign
change. Mr. Michael C. Lynn, agent for the Petitioner
explained the proposed changes to the sign. After
3/7/f,,-
CITY COUNCIL REGULAR MEETING, aOMPPW
PAGE 11
discussion, it was the consensus of the City Council
not to approve the sign changes since the sign did not
meet the sign code. vice Mayor Furtado made a motion
to deny Resolution 29, 1996. Councilwoman Monroe
seconded the motion, which carried by unanimous vote
of 4 -0.
RESOLUTION 34, 1996
Planning and Zoning Director Richard Walton reviewed
the request for consideration of approval of amendment
to Parcel 29 Ballenlsles PCD re: Lot 23 rear setback
modification. Henry Skokowski, agent for the
Petitioner, briefly described the setback request.
Councilwoman Monroe made a motion to approve
Resolution 34, 1996. Motion was seconded by Vice
Mayor Furtado and carried by unanimous vote of 4 -0.
RESOLUTION 35, 1996
Planning and Zoning Director Richard Walton reviewed
the request for consideration of approval of amendment
to Diamond Head, PGA National, Lot 20 re: sideyard
setback modification for screen enclosure. Frank
Palen, agent for the Petitioner, described the setback
area. Councilwoman Monroe made a motion to approve
Resolution 35, 1996. Motion was seconded by
Councilman Jablin and carried by unanimous vote of 4-
0.
RESOLUTION 38, 1996
Councilwoman Monroe made a motion to approve
31;71i'
CITY COUNCIL REGULAR MEETING, 70MF/6
PAGE 12
Resolution 35, 1996 - Consideration of an
appointment /reappointment of two members to the Code
Enforcement Board by inserting the names of Jay
Cannava and George Richetelli into the blanks. Motion
was seconded by Vice Mayor Furtado and carried by
unanimous 4 -0 vote.
RESOLUTION 39, 1996 Mayor Russo stated for the record that this was a
situation which would usually be discussed at a
workshop and then approved at a later meeting;
however, since Bascom Palmer Eye Institute had
requested speedy approval, their petition would be
considered for approval at tonight's meeting, but if
there were problems, the petition would not be
approved until the problems were resolved. Planning
& Zoning Director Walton reviewed the staff report
regarding Resolution 39, 1996 - Consideration of
approval of a site plan for the construction of two 3-
story medical office buildings located in the PGA
National Office Park within the PGA National PCD.
Henry Skokowski, agent for the Petitioner, commented
that Petitioner had responded to both Planning &
Zoning Commission and staff concerns, and that the
project had been recommended for approval by the
Planning & Zoning Commission by a vote of 6 -1. Mr.
CITY COUNCIL REGULAR MEETING,
PAGE 13
Skokowski explained that the concerns expressed by the
dissenting vote had been responded to, and the
Petitioner did agree to additional conditions of
approval set by the City Engineer. Mr. Skokowski
briefly reviewed other items related to the project.
Architect Don Dewore presented a description of the
building architecture. There was extensive discussion
concerning traffic circulation, with suggestions that
parking locations and the ingress and egress needed to
be more user friendly since many patients would have
vision problems. Mr. Skokowski noted that the rear
parking would create a nicer front view. The
architectural style and large mass of the building was
discussed, to which Mr. Skokowski responded that the
building was only 3 stories. Building colors and
reflective glass were discussed. Jay Bridge reviewed
the landscape design for the project. Because of the
unresolved issues, it was the consensus of the City
Council to schedule Resolution 39, 1996 for the March
21, 1996 agenda. Direction to the applicant was to
address building color, to note valet parking on the
plan farther from the building, and to address traffic
circulation.
RESOLUTION 40, 1996 Planning & Zoning Commission Director Walton reviewed
CITY COUNCIL REGULAR MEETING, 6
PAGE 14
the staff report regarding Resolution 40, 1996 -
Consideration of approval of an amendment to the
approved signage for Wackenhut Center, Building "A ".
Mr. Jeff Lis, agent for the Petitioner, referred to
the City's code in support of the request not to
locate a sign in proximity to the entryway door for
the Tambone tenant; however, the Assistant City
Manager pointed out another section of the code which
allowed signs at the main entrance door of the
directly assessable owner or tenant space. Mr. Lis
explained that the approved landscaping would not
allow a sign to be seen when placed in proximity to
the entry way door. Councilwoman Monroe suggested an
alternative of moving some vegetation in close
proximity to free a section of wall, and suggested
that the petitioner meet with the City Forester to see
if such an option would be possible. Mayor Russo
suggested that the City Council members go to the site
to view the situation. The second issue addressed by
Mr. Lis was a request by Wackenhut to change two other
signs from internally -lit channel letters with blue
plexiglas face to a reverse channel letter which would
cast a light on the building, so that at night a
silhouette of the letter would be created. After
CITY COUNCIL REGULAR MEETING,
REEOL- TTTONS
COVENANT COMMUNITY
CHURCH
PAGE 15
extensive discussion, the applicant agreed on polished
brass letters for certain signage, however, stated
that the signs for Buildings C and B would remain as
originally approved. It was the consensus of the City
Council to place this application on the agenda for
the March 21 City Council meeting, with the Tambone
sign to be placed on the consent agenda if agreement
could be reached with staff. The City Manager
explained that the signs must be uniform per
building. Direction to the petitioner was that
Wackenhut could proceed with ordering signs.
Planning & Zoning Director Walton reviewed the staff
report regarding a Conditional Use and Site Plan
Approval for Covenant Community Church. Pastor Norman
Benz, agent for the Petitioner, expressed the church's
desire to become an asset to the City of Palm Beach
Gardens. Pastor Benz described the remedial action
plan for the contaminated area which he believed would
only disturb a 20' x 20' area. The applicant
requested that some landscaping be allowed to be
installed immediately. The applicant was advised that
the required recorded easement must be in place
before a certificate of occupancy could be granted.
3/7/ylI
CITY COUNCIL REGULAR MEETING, 20100M
ITEMS FOR DISCUSSION:
EAR WORKSHOP
PAGE 16
Pastor Benz requested that the congregation be able to
begin use of the building upon satisfaction of all the
conditions, with which the Council members agreed. It
was suggested that an alternative building color be
provided. The Conditional Use would be scheduled for
Public Hearing on the March 21 regular City Council
meeting.
Principal Planner Kim Glas Castro explained that the
packet which had been provided to each Council member
was a comparison of the Comprehensive Plan's goals,
objectives, and policies with the current conditions
and results as of the date of the EAR in order to
determine whether or not the targets established in
the objectives had been met. Ms. Glas Castro briefly
discussed different points regarding some of the
specific policies. One of the items discussed was
increasing police officer level of service to 1500
calls per officer, and the difficulty encountered when
trying to track the number of calls made by individual
officers. Councilwoman Monroe suggested minor changes
to some of the specific policy statements.
CITY MANAGER REPORT City Manager Herakovich announced that Palm Beach
County was preparing to replace the old wooden bridge
CITY COUNCIL REGULAR MEETING, 24WROft
PAGE 17
on Prosperity Farms Road which was damaged by the
flood with the proposed construction for a two lane
bridge with one lane striped off for future use;
however, the 2015 Transportation Plan showed the
bridge as a four -lane section with turning lanes. The
City Manager was requested to contact the County to
request that they consider the future plan rather than
rebuild only as a temporary measure. The City Manager
reported that FEMA inspections had necessitated
delaying repair of Lighthouse Drive flood damage, for
which estimates ran as high as $220,000, since the
road bed had lifted during the flood and washed out
the roadway base. City Manager Herakovich explained
the FEMA reimbursement of $22,000 would be challenged
upon receipt of core samples which would show the
entire roadway needed to be replaced. After further
discussion, the City Manager recommended the following
motion: Recommend that staff proceed with repairs and
replacement of Lighthouse Drive road damage by
piggybacking onto the Palm Beach County's current bid
with Ranger Construction from MacArthur Boulevard on
the east to the western terminus of Lighthouse Drive,
for an approximate cost of $220,000 to come from the
1995 -96 budget. Councilwoman Monroe moved approval of
3/216
CITY COUNCIL REGULAR MEETING,
PAGE 18
the City Manager's recommendation. The motion was
seconded by Councilman Jablin, and unanimously carried
by vote of 4 -0. The City Manager complimented the
employees for their work on the train derailment.
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 11:30 P.M.
u 1,4.1-
CITY COUNCIL 3NOMML MEETING, 3/7/96
APPROVAL
Y JOE RUSSO
r
VICE MAYOR LAUREN FURTADO
COUNCILWOMAN LINDA MONROE
CO ILMAN ERI J LIN
COUNCILMAN DAVID CLARK
ATTEST:
LIN V. KOSIER, CMC, CITY CLERK
PAGE 5