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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