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HomeMy WebLinkAboutMinutes Council 081795CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS AUGUST 17, 1995 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. ROIL CAT•T. The Deputy City Clerk called the roll and present were Mayor Russo, Vice Mayor Furtado, Councilwoman Monroe, and Councilman Clark. Councilman Jablin arrived at 7:45 p.m. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted on the City's bulletin boards. ITEMS BY MAYOR AND CITY COUNCIL: TCRPC REGIONAL POLICY PLAN REQUIREMENTS Principal Planner Kim Glas reported that Treasure Coast Regional Planning Council had provided the first draft of their updated Strategic Regional Policy Plan which they planned to transmit to DCA on 8/25/95. Their visioning for the region called for creation of new towns to prevent urban sprawl - -which they characterized as gated communities and cul -de -sac patterns. The plan defined the new town format with a center, an edge, a public square or plaza with mixed -use buildings around it, as well as several neighborhoods with a variety of uses and building types. The illustrations depicted did not reflect the visioning of the City of Palm Beach Gardens, and therefore raised concern. Ms. CITY COUNCIL REGULAR MEETING, 8/17/95 PAGE 2 Glas had been advised that the City's plan would not be found inconsistent with the regional plan, however, this had not completely alleviated concern that TCRPC would favor the town development concept in their DRI reviews. Discussion ensued regarding the philosophy and the scope of the regional planning council, and concern was expressed regarding the level of detail proposed. Direction to staff was to express concern at the meeting scheduled for transmittal and then to use the next 60 days to formulate the City's objections, being as specific as possible. Consensus of the City Council was that regional direction should apply on broad issues, however, each individual city should control specifics within their municipality. VICE MAYOR FURTADO Vice Mayor Furtado commended Acting Director of Public Works Sheryl Snyder for her written response to a resident. Mayor Russo commented that Disney had scheduled a workshop on business procedures to be held at the Palm Beaches Chamber of Commerce, and suggested that some of the City's management staff attend. In response to the Vice Mayor's concern that trees were missing along Preston, Councilman Jablin explained that exotics had been removed and the landscaping was proceeding according to plan. Vice Mayor Furtado commented on a letter from a County engineer which referred to an impressive presentation by City Engineer Lindahl; mentioned that the police and fire employees had gone through the community to see if residents needed help during the recent hurricane alert; and discussed the proposed State Road CITY COUNCIL REGULAR MEETING, 8/17/95 PAGE 3 7 alternate. Vice Mayor Furtado requested support from the City Council to expedite the turnpike interchange at Northlake Boulevard. After discussion a decision was made to research the impact that this interchange would have on the surrounding area. COUNCILWOMAN MONROE; Councilwoman Monroe requested periodic update of the effect from tree removal at BallenIsles. MAYOR RUSSO Mayor Russo reported that the gate arms had been removed at PGA National during the recent hurricane alert in order to allow for evacuation. Discussion ensued regarding whether a condition had been placed in the Steeplechase development order requiring that they open their gates during emergencies. COMMENTS FROM THE PUBLIC: SAM CARSILLO Mr. Carsillo discussed the Holly Drive project and concluded that it was a good plan. Mr. Carsillo expressed concern that landscaping vehicles parked in the road were dangerous, and that landscapers and exterminators should be required to have a City license. Staff was directed to report on these items at the next City Council meeting. CONSENT AGENDA Councilman Jablin moved that the Consent Agenda be approved with item two deleted. Motion was seconded by Vice Mayor Furtado and carried by unanimous vote. The following item was approved on the Consent Agenda: 1. Resolution 85, 1995 — Consideration of Approval to amend the Admiralty II PUD to change sign package for the hotel from CITY COUNCIL REGULAR MEETING, 8/17/95 PAGE 4 Radisson Suite to Embassy Suites. After discussion, a condition was added that the blue wall- mounted Admiralty Bank sign above the ATM and the blue on the ATM machine would be replaced with bronze and white or other colors acceptable to the City and the logo on the ATM would be removed on or before January 1, 1996. Councilwoman Monroe made a motion to approve Resolution 85, 1995 as amended, Motion was seconded by Vice Mayor Furtado and unanimously carried. PUBLIC HEARINGS: RESOLUTION 82, 1995 Planning and Zoning Director Richard Walton introduced Resolution 82, 1995 - Consideration of Approval for a Conditional Use in the CG -1 General Commercial District, providing for a 12 -bay, 22,200 square -foot tire and auto service center on a 3.9 acre tract (formerly Gardens Lanes Bowling Alley) generally located on the north side of Northlake Boulevard and immediately west of the C -17 Canal. Mayor Russo declared the Public Hearing open, which was duly advertised 7/5/95, recessed from the 7/20/95 meeting, recessed from the 8/3/95 meeting, and held on the intent of Ordinance 82, 1995. STEVE MATHISON Mr. Mathison, Attorney for the Petitioner, explained that the Petitioner had committed to plant the landscape plantings at the size and maturity shown on the elevation in the City's possession. Mr. Mathison reported the building colors had been changed; a barrel tile mansard roof above the rear entrance of CITY COUNCIL REGULAR MEETING, 8/17/95 nAn-Z Boston Market had been added; the berm and wall between the project and the adjacent mobile home park bad been increased; four changes in operating procedure had been accepted to reduce noise; and the Petitioner had agreed to reduce the hours of operation. Mayor Russo clarified for the record that the Public Hearing was for conditional use and that site plan considerations would be discussed later in the meeting. STANLEY DUNN Mr. Stanley Dunn, an acoustical engineer, reported that his company had performed a sound analysis, and their projection was that noise levels from Pep Boys would be at or below the sound levels required by City code, and recommended a sound barrier consisting of a 6 —foot block or masonry wall on a 2 —foot berm. GELORMA BROWN Ms. Brown, a resident of the adjacent mobile home park, spoke against the project, citing children and the environment as more important, and stated that places for children to play were needed. There being no further comments from the public, Mayor Russo declared the Public Hearing closed. Vice Mayor Furtado made a motion to approve Resolution 82, 1995. Motion was seconded by Councilman Clark and unanimously passed. RE— ORDERING OF AGENDA, Motion was made by Councilwoman Monroe, seconded by Councilman Jablin and unanimously carried to re--order the agenda in order to consider Resolution 83, 1995 next. CITY COUNCIL REGULAR MEETING, 8/17/95 PAGE 6 RESOLUTION 83, 1995 Consideration of Approval for a Site Plan to construct three buildings consisting of a 22,200 square -foot building for a Pep Boys automotive service center (Building A), a 5,304 S.F. drive - through restaurant for Boston Market (Building B) and a 2,495 S.F. office building (Building Q. Councilwoman Monroe verified that staff would have the height and spread specifications for trees to be planted. Engineer Tim Messler stated that the first two bays of Pep Boys would be for tire changing, and the third would accommodate tire balancing, from which most of the noise would emanate. The white awning with black pinstripes on the Boston Market building was accepted. After discussion, Vice Mayor Furtado made a motion to approve Resolution 83, 1995 as amended. Councilman Jablin seconded the motion. Changes to the proposed Resolution were agreed upon as follows: The trees shall be at a height and spread as shown on the 3 sheets of plant specifications received August 11, 1995; Sunday opening of retail section shall be at 9 A.M. and at 12 noon for the mechanical and tire area; tire changing shall occur in the two bays closest to Northlake Boulevard, condition 14 shall be deleted, condition 15 shall be: the applicant shall comply with all conditions contained in the August 12, 1995 report of Dunn & Associates to Timothy J. Messler. Motion passed 5 -0. ORDINANCE 14, 1995 Mayor Russo declared the Public Hearing open, which was duly advertised 8/2/95 and held on the intent of Ordinance 14, 1995, Adopting Disclosure Procedures related to Ex Parte communications with public officials for CITY COUNCIL REGULAR MEETING, 8/17/95 PAGE 7 consideration of second reading and adoption. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilwoman Monroe made a motion to approve Ordinance 14, 1995 upon Second Reading. Motion was seconded by Vice Mayor Furtado and unanimously carried. City Attorney Baird read, on second reading, Ordinance 14, 1995. ORDINANCE 16, 1995 Mayor Russo declared the Public Hearing open, which was duly advertised 8/2/95 and held on the intent of Ordinance 16, 1995, Calling a Special Election on 11/7/95 for the purpose of amendments to the City Charter, for consideration of second reading and adoption. There being no comments from the public, Mayor Russo declared the Public Hearing closed. After discussion, Charter Amendment #1 was changed to delete everything except the phrase: To provide procedures to be followed to fill vacant City Council seats. Discussion ensued regarding the change from the merit system to a personnel system. City Attorney Baird explained that it would provide an opportunity to get away from the existing merit system which has a Merit Review Board and stated that the opportunity for a hearing before the Merit Review Board had increased the cost to the City of administering that personnel system, and that the Blue Ribbon Committee would still be able to propose ideas which could be adopted and implemented. After discussion of whether this matter should go to referendum in November 1995 or in March 1996, Motion was made by Councilwoman Monroe to place this on the March 1996 ballot. Vice Mayor Furtado seconded CITY COUNCIL REGULAR MEETING, 8/17/95 PAGE 8 the motion. Discussion of the motion encompassed concerns regarding whether too many items would be on the March ballot, the cost of possible litigation before the charter could be changed, and problems in accomplishing education of the residents by November. Motion was then made by Councilwoman Monroe not to place Ordinance 16, 1995 on second reading and not to adopt Ordinance 16, 1995 for the reasons stated. Motion passed 5 -0. It was agreed to place an informal survey in the next City Line newsletter to get residents' opinions on several items including dividing the City into districts. ORDINANCE 17, 1995 Mayor Russo declared the Public Hearing open, which was duly advertised 8/2/95 and held on the intent of Ordinance 17, 1995, Amending Ordinance 18, 1994, same being the Budget Ordinance of the City for the Fiscal Year 10/1/94 - 9/30/95, inclusive, for consideration of second reading and adoption. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Motion was made by Councilwoman Monroe to place Ordinance 17, 1995 on second reading by title only and to approve said Ordinance. Motion was seconded by Councilman Jablin and unanimously carried. The Deputy City Clerk read Ordinance 17, 1995, by title only on second reading. RESOLUTIONS: RESOLUTION 88, 1995 Consideration of Approval of a site plan to construct 11 custom zipper zero lot line homes on Parcel M36 in the PGA National PCD. Henry Skokowski, agent for the petitioner, explained that zipper zero lot line was the term applied to a CITY COUNCIL REGULAR MEETING, 8/17/95 PAGE 9 project where the lot lines were zero on both sides, and that design guidelines had been developed for this project. Mayor Russo requested that staff provide direction regarding when the City should allow custom zipper zero lot line projects. The Mayor commented that the architectural review committee at PGA National would enforce; this project; however, questioned whether this type of project should be allowed, based on design guidelines, for a project anywhere in the City - -for example on Military Trail -- -where no architectural review committee was in place. Councilwoman Monroe made a motion to approve Resolution 88,1995. Motion was seconded by Councilman Clark and unanimously carried. ORDINANCES: ORDINANCE 7, 1995 Councilwoman Monroe made a motion to place Ordinance 7, 1995 on first reading by title only. Motion was seconded by Vice Mayor Furtado and unanimously carried. The Deputy City Clerk read Ordinance 7, 1995, on first reading, by title only, Amending Chapter 159, Entitled Zoning Regulations of the Code to create Section 159.087 entitled Newsracks. ORDINANCE 18, 1995 Mayor Russo clarified that direction to staff had been not to advertise for second reading until first reading had been accomplished, and that this Ordinance would be placed on second reading without a workshop. Vice Mayor Furtado made a motion to place Ordinance 18, 1995 on first reading by title only. Motion was seconded by Councilwoman Monroe and unanimously CITY COUNCIL REGULAR MEETING, 8/17/95 PAGE 10 carried. The Deputy City Clerk read Ordinance 18, 1995, on first reading, by title only, Rezoning 33.7 acres from P/I, Public Institutional, in part, and PDA, Planned Development Area, in part to PCD, Planned Community District (North County Government Center). ORDINANCE 20, 1995 Councilman Clark made a motion to place Ordinance 20, 1995 on first reading by title only. Motion was seconded by Councilman Jablin and unanimously carried. The Deputy City Clerk read Ordinance 20, 1995, on first reading, by title only, Amending Ordinance 18, 1994, same being the Budget Ordinance of the City for the Fiscal Year 10/1/95- 9/30/95, inclusive (2nd Budget Amendment). ORDINANCE 22, 1995 Councilman Clark made a motion to place Ordinance 22, 1995 on first reading by title only. Motion was seconded by Councilwoman Monroe and unanimously carried. The Deputy City Clerk read Ordinance 22, 1995, on first reading, by title only, Amending Sections 150.04 and 157.040 and Title XV, entitled Land Usage, re: Surety Requirements. ORDINANCE 13, 1995 Amending Chapter 159, entitled Zoning Regulations of the Code to create Section 159.088 entitled Communications Towers; Amending Chapter 162 entitled Definitions; providing for repeal of sections of the Code to delete reference to Communication Towers. There being no discussion, Mayor Russo announced that Ordinance 13, 1995 would be advertised for second reading. ITEMS FOR COUNCIL CITY COUNCIL REGULAR MEETING, 8/17/95 PAGE 11 ACTION: ACCORDIA/ANTHEM Councilwoman Monroe made a motion to authorize extension of the contract with Accordia /Anthem Health Care. Motion was seconded by Councilman Clark. Councilwoman Monroe stated that she agreed with not accepting the lowest bid since Accordia /Anthem provided the option to allow an enrolee to choose an OB /GYN as their primary physician. Motion unanimously carried. MOTOROLA 911 SYSTEM City Manager Herakovich recommended financing by First Union National Bank at 4.82% instead of by Motorola at 6.67 %. Councilwoman Monroe made a motion to accept staffs recommendation. Councilman Jablin seconded the motion, which unanimously carried. GOLF CARTS City Manager Herakovich recommended the lease of 69 golf carts from Club Cars, Inc., at a significant savings over the present lease. Councilwoman Monroe made a motion to accept staffs recommendation. Motion was seconded by Councilman Clark and unanimously carried. STORM SHUTTERS City Manager Herakovich reported that if recycled aluminum shutters were obtained before the end of the month that the City would be reimbursed. Councilwoman Monroe made a motion to accept staffs recommendation to authorize the City Manager to accept the lowest appropriate bid. Motion was seconded by Councilman Clark and unanimously carried. ITEMS FOR DISCUSSION Attorney Gerald Rossow raised the contention that this item had not been properly noticed to the public if, in fact, a regular hearing was to be conducted. CITY COUNCIL REGULAR MEETING, 8/17/95 PAGE 12 Mayor Russo explained that this was purely an item for discussion. Larry Smith, representative for the petitioner, provided an overview for the project; and reported that the Gardens Ale House pavilion had been eliminated; the restaurant building had been turned 90 degrees so that the entrance would face Ellison Wilson Road; the service area had been relocated to the south so as to be away from the residential neighborhood on the north, the restaurant building had been increased from 17,360 S.F. to 18,945 S.F.; the petitioner had agreed to all conditions by Seacoast to move their easement; television sets would be located only in specific areas of the restaurant; the upstairs dining room might be used as a piano bar or for other entertainment during busy times for patrons waiting for tables or as a dessert room; traffic concerns had been discussed with the Police Department; and the petitioner was willing to work with the residents to try to mitigate the impact of a restaurant. After discussion in which the City Council members expressed their appreciation for the improved plan and their cooperation with the residents, it was decided to schedule this item for a workshop meeting in the near future. CITY MANAGER REPORT City Manager Herakovich reported the County Commission had voted to transmit their amendment regarding State Road 7, and that a meeting scheduled with City Staff, Frenchman's Creek residents, and Mayor Golonka had been canceled by the Frenchman's Creek attorney. Mayor Russo requested that a letter be sent to the President of the Frenchman's Creek Homeowner's CITY COUNCIL REGULAR MEETING, 8/17/95 PAGE 13 Association asking them to contact the City if they would like further help. Vice Mayor Furtado reported that many of the Frenchman's Creek residents did not agree with those vocal residents who had been quoted in the press, but had merely wanted to be sure they were protected. The City Manager reported a resident had requested that an ordinance be passed prohibiting smoking in any building in the City. The City Manager reported the holly Drive sidewalk had been completed from Military Trail to Daisy and projected completion before the start of school. City Manager Herakovich reported that efforts were in progress to get the City on the County agenda to request a site for City facilities. Council direction regarding basketball goals placed in easements was that this should be considered a legal issue and should be enforced. CITY ATTORNEY City Attorney Baird reported on the status of 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 11:18 P.M. CITY COUNCIL REGULAR MEETING, 8/17/95 APPROVAL MA R JOE RUSSO VICE MAYOR LAUREN FURTADO L COUNCILWOMAN LINDA MONROE c- COUNCILMAN JABLIN COUNCILMAN DAVID CLARK ATTEST: CINDY HARVEY, DEPUTY CITY CLERK PAGE 14