HomeMy WebLinkAboutMinutes Council 080395CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
AUGUST 3, 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.
ROLL CALL The City Clerk called the roll and present were Mayor
Russo, Vice Mayor Furtado, Councilwoman Monroe,
Councilman Clark, and Councilman Jablin.
ANNOUNCEMENTS Mayor Russo stated the announcements were as posted on
the City's bulletin Boards.
PRESENTATIONS:
ROLLER HOCKEY
SITE PLAN Recreation Director Sue Miller reviewed the proposed
PBGYAA roller hockey site plan, the expenditures to
date, and projected budget figures. Vice Mayor
Furtado pointed out the savings if asphalt were used
instead of concrete for the parking lot, and favored
a major fund raiser for all sports facilities which
could be tied in with the Fall hoedown. Mayor Russo
expressed concern that dollars were falling behind for
recreation needs. Councilman Monroe suggested a month
be designated to raise funds by a community effort
with involvement from businesses. Mayor Russo
expressed concern that 20% of the participants in the
CITY COUNCIL REGULAR MEETING, 8/3/95 PAGE 2
DON BABIN
KATHY BABIN
roller hockey program were non - residents, and
requested that staff address this matter before going
to referendum.
Mr. Babin commented on the number of people who had
volunteered time to keep the temporary rinks going,
requested that two rinks be built instead of one to
accommodate the growing program, and inquired whether
roller hockey was still a priority. Mayor Russo
explained that priorities were to be discussed at
tonight's meeting.
Ms. Babin reported that the temporary facilities had
been maximized; that one rink could accommodate 24
teams, or 250 children, and two rinks could
accommodate 400 -500 and provide a sports activity for
older children as well as 5 and 6 year olds. Vice
Mayor Furtado stressed that the non - resident
registration fees should go towards the rinks. Ms.
Babin stated that inviting children to play who were
not residents should be looked upon as positive. It
was the consensus of the City Council to build two
roller hockey rinks. Councilwoman Monroe expressed
the opinion that the non - resident program should be
phased out in order to fully utilize facilities for
City residents. Mayor Russo directed staff to
research the non - resident program and schedule for
CITY COUNCIL REGULAR MEETING, 8/3/95 PAGE 3
discussion at a future meeting.
SAM CARSILLO
Mr. Carsillo expressed support for the roller hockey
program for both residents and non - residents, and
suggested the City Council request donations from
developers to help fund the rinks.
VIRGINIA KNIGHT
Ms. Knight, 3840 Lighthouse Drive, commented that 16,
17 and 18- year -olds would be affected if the roller
hockey program were cut back.
Mayor Russo stated that direction to staff was to look
for funding for the difference to provide the second
rink, which would be discussed later in the meeting.
KLOCK PROPERTY
Troy Holloway, George Gentile and Associates, reviewed
the master plan for the seventeen acres behind the
Klock building, which included four permanent soccer
fields, two youth soccer fields, parking, a preserve
area which could include nature trails, and a
maintenance facility. The City Engineer explained a
new drainage outfall would be needed. City Manager
Herakovich explained that staff would research extra
costs that would be needed for both this project and
the roller hockey rinks. Consensus of the City
Council was to proceed with the project.
ITEMS BY MAYOR AND
COUNCIL:
VICE MAYOR FURTADO
Vice Mayor Furtado suggested investigation of double
time which might be used to speed the Holly Drive
CITY COUNCIL REGULAR MEETING, 8/3/95
project, which was behind due to weather. The City
Engineer explained that as bridges needed replacement
in Palm Beach County they would all be widened so that
reconfiguration such as on Holly Drive would not be
necessary in the future. Vice Mayor Furtado requested
that the Council consider a task force to keep the
Holly Drive project and other projects on track since
the MacArthur Foundation had offered funding up to
$25,000. The City Manager explained that the next
sidewalk project would be from the RCA Boulevard Fire
Station to the Community College property, and stated
that staff would provide the City Council with a
sidewalk inventory with priorities for the new fiscal
year. City Engineer Lindahl commented that sidewalk
improvements would be triggered soon by the
development at Burns Road and Riverside Drive.
COUNCILMAN JABLIN Councilman Jablin complimented staff on their
hurricane preparation program. Mayor Russo suggested
the City Council send out a memo to staff
complimenting them on their preparedness.
COUNCILMAN CLARK Councilman Clark added his congratulations.
MAYOR RUSSO Mayor Russo questioned the surety agreement ordinance
to which the City Attorney responded that comments had
not been received back from a developer. Consensus of
the City Council was not to wait any longer but to
CITY COUNCIL REGULAR MEETING, 8/3/95
COMMENTS FROM THE
PUBLIC:
SAM CARSILLO
schedule the ordinance for consideration.
PAGE 5
Mr. Carsillo expressed concern that the Holly Drive
improvements included 10 -foot wide sidewalks west of
I -95 and only 6 -foot wide sidewalks east of I -95, and
suggested guardrails. Mayor Russo suggested that Mr.
Carsillo meet with Assistant Chief O'Rourke to get an
explanation of why the sidewalks were designed that
way. Mr. Carsillo asked that priorities be set for
sidewalks in areas used by children. Mayor Russo
stated that a 5 -year comprehensive plan should be
developed so that older sections of the City would be
upgraded for sidewalks, bike paths, etc. Mr. Carsillo
expressed concern that landscapers, exterminators, and
roofers are not licensed in the City and felt that
landscapers should not be allowed to park in the
streets.
CONSENT AGENDA Vice Mayor Furtado moved that the Consent Agenda be
approved as submitted. Motion was seconded by
Councilman Jablin and carried by unanimous vote. The
following items were approved on the Consent Agenda:
1. Approval of City Council Regular Meeting
Minutes of 7/20/95.
2. Proclaiming 8/14 -18/95 as "Florida water,
Wastewater and Systems Operators Week ".
CITY COUNCIL REGULAR MEETING, 8/3/95 PAGE 6
3. Resolution 78, 1995 - Authorizing the City
Manager to execute an agreement with Motorola
re: 911 System.
PUBLIC HEARINGS:
RESOLUTION 82, 1995
GELORMA BROWN
STEVE MATHISON
Principal Planner Ellington 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 automotive
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,
postponed from the 7/20/95 meeting, and held on the
intent of Ordinance 82, 1995.
Ms. Brown favored leaving the existing trees on the
property and development of the land as a bowling
alley so that children would have a place to play.
Mr. Mathison, attorney for the petitioner, responded
to Mrs. Brown's comments, and sought City Council
direction for color and the mansard roof for Boston
Market. Councilwoman Monroe expressed concern with
the automotive facility so close to a residential
neighborhood. Attorney Mathison stated the petitioner
was willing to make the wall higher if desired. Vice
Mayor Furtado requested staff research whether a time
CITY COUNCIL REGULAR MEETING, 8/3/95
mm�a �
limit existed for land use by mobile home parks, and
suggested the same finish be used on the wall that DOT
used on walls to decrease the sound of traffic. Mayor
Russo also expressed concern with the noise next to
residential property. Tim Messler, agent for the
petitioner, explained that noise abatement studies had
been done for similar facilities in other cities and
those results were available for the City Council to
consider. Mayor Russo requested that staff research
the hours of operation, and that noise levels be
researched. Councilman Clark made a motion to recess
the Public Hearing to August 17, 1995. Motion was
seconded by Councilman Jablin and unanimously carried.
Mayor Russo requested that a noise expert be present
at the August 17, 1995 meeting.
Mr. Messler reviewed proposed building, roof tile, and
awning colors, and described changes which had been
made. Barrel tile roof overhang on the rear was
suggested. Attorney Mathison requested consideration
of final approval at the next meeting.
RESOLUTIONS•
RESOLUTION 84, 1995 Principal Planner Ellington reviewed the staff report
dated July 26, 1995 regarding Resolution 84, 1995 -
Consideration of Approval for BallenIsles Country Club
PCD Neighborhood Park, and stated that staff
recommended approval with coordination with Seacoast
CITY COUNCIL REGULAR MEETING, 8/3/95
RESOLUTION 85, 1995
VARIANCES:
RESOLUTION 86, 1995
PAGE 8
Utility regarding drainage and water pipes.
Councilwoman Monroe suggested wider parking spaces to
accommodate unloading small children with strollers.
etc. Vice Mayor Furtado made a motion to approve
Resolution 84, 1995. Motion was seconded by
Councilman Clark and unanimously carried.
Principal Planner Ellington reviewed the staff report
dated July 26, 1995 for Resolution 85, 1995 -
Consideration of Approval to Amend Admiralty II PUD to
change the sign package for the hotel from "Radisson
Suite" to "Embassy Suites ". Mayor Russo requested
that the signs be a consistent color. Bob Freeman,
agent for the petitioner, explained that the bank was
a separate tenant and he did not have control over
their sign colors. After discussion, it was the
consensus of the City Council that the ground sign
colors would be changed back to the original colors
and the building signs would be burgundy with the logo
omitted, or with a burgundy logo placed above the word
Embassy on one side only, or on both sides if the logo
became the first letter of the word Embassy.
Petitioner was directed to work with staff so that
this Resolution could be placed on the Consent Agenda
for next meeting.
City Forester Mark Hendrickson provided background for
CITY COUNCIL REGULAR MEETING, 8/3/95
Resolution 86, 1995 - Consideration of approval of a
landscape plan with landscape variance for 10384
Riverside Dive, Florida Building Products, located on
the northeast corner of Riverside Drive and Buckeye
Street. The City Forester explained that no landscape
plan had ever been submitted to show what was approved
by the Site Plan Review and Appearance Committee, and
that unapproved parking had been installed and used
for nine years with no record of a permit. The
variance was requested to make this parking consistent
with today's code with the compromise to leave the
parking the way it has been and add more landscaping
along the road. Donaldson Hearing, agent for the
petitioner, explained that this was a result of
DiVosta Company trying to come into compliance with
the City's landscape ordinance. Councilman Clark
made a motion to approve Resolution 86, 1995.
Councilman Jablin seconded the motion Councilwoman
Monroe cited another instance in the past where this
petitioner had not honored a condition, and stated she
did not expect to see that happen again. Motion passed
by unanimous vote. Mayor Russo expressed thanks to
Mr. DiVosta for the use of a generator during the
recent hurricane preparations.
ORDINANCES:
ORDINANCE 16, 1995 Mayor Russo questioned whether comments were needed
CITY COUNCIL REGULAR MEETING, 8/3/95
PAGE 10
from residents before calling for an election.
Discussion ensued regarding the best time to hold the
election, and the continuing costs incurred under the
present Merit Board system, and the proposed
amendments. It was the consensus of the City Council
to make a final decision on this matter at the next
meeting.
ORDINANCE 20, 1995 Chris Simon, Attorney representing the Palm Beach
Post, presented issues which had not been resolved.
(1) Distributors were required to obtain written
permission from a property owner to place a newsrack
on private property, and Attorney Simon requested the
word written be omitted to allow for oral agreements.
(2) Attorney Simon explained that the requirement for
a $10 annual fee could violate the constitutional
right against taxing free speech since only actual
costs were legal; and therefore suggested addition of
an amount after the Ordinance had actually been in
operation for a period of time. (3) Attorney Simon
was requested to submit the third item in writing due
to the lateness of the hour.
ORDINANCE 18, 1995 Principal Planner Ellington provided background for
Ordinance 18, 1995 - Rezoning 33.7 acres from P /I,
Public Institutional, in part, and PDA, Planned
Development Area, in part to PCD, Planned Community
CITY COUNCIL REGULAR MEETING, 8/3/95
PAGE 11
District (North County Government Center).
Corrections noted were to change Central Boulevard to
Campus Drive in item #4, and to change the word towner
to tower in item #5. Jim Barnes, Palm Beach County,
assured the City Council that the site plan would be
revised prior to final reading. Motion was made by
Councilwoman Monroe that Ordinance 18, 1995 be placed
on first reading by title only. Motion was seconded
by Councilman Clark and unanimously carried. The City
Clerk read Ordinance 18, 1995 by title only on first
reading.
ORDINANCE 19, 1995 Amending Chapter 159, Section 159. 111 (E) (2) (c) and (d)
of the Palm Beach Gardens Code extending the required
compliance date for storage of boats and recreational
vehicles (Consideration of First Reading) . Motion was
made by Councilwoman Monroe that Ordinance 19, 1995 be
placed on first reading by title only. Motion was
seconded by Councilman Clark. The motion passed by
unanimous vote. The City Clerk read Ordinance 19,
1995 by title only on first reading.
CITY MANAGER REPORT City Manager Herakovich reported new budget hearing
dates of September 14 and September 28.
A meeting between Mayor Golonka of Jupiter and
Frenchman's Creek residents was expected in
approximately two weeks. The City Manager reported
CITY COUNCIL REGULAR MEETING, 8/3/95 PAGE 12
that staff had been working with an appraiser toward
adding park improvements at the community center.
City Manager Herakovich reported a positive meeting
with the MacArthur Foundation staff regarding park
sites. The City Manager recommended revision of the
master plan for the municipal site to include a
recreational site which would have been omitted under
the master plan.
ITEMS FOR COUNCIL
ACTION:
IMPACT FEES
Consideration of approval to use impact fees for
construction of roller hockey rinks at Plant Drive
Park led to consensus by the City Council to take
money from Council Contingency for the construction of
the rinks.
LAND ACQUISITION
Mayor Russo requested that the City be placed on the
County's agenda in order to ask the County to provide
land for park sites and a municipal site and for
improvements.
KLOCK PROPERTY
Motion was made by Vice Mayor Furtado to authorize
proceeding with clearing of the Klock property for
park use. Motion was seconded by Councilman Clark
and unanimously carried.
ITEMS FOR DISCUSSION:
GOLDEN BEAR PLAZA
City Planner Ellington provided background for the
restriping of the Golden Bear Plaza parking lot.
Councilwoman Monroe commented that the reduced number
CITY COUNCIL REGULAR MEETING, 8/3/95
PAGE 13
of parking spaces originally approved had been done
with the owner's assurance that the types of uses
would not require any more parking and was granted on
that basis with additional landscaping. Councilwoman
Monroe stated that it was therefore the owner's
responsibility to control the uses so that no more
parking would be needed, with which the other City
Council members concurred. Petitioner stated this
project exceeded all landscape requirements and all
open space requirements, and if the request received
approval that the current 10 -foot spaces would become
376 10 -foot wide spaces and 400 9 -foot wide spaces
which would be a more efficient use of the site.
Principal Planner Ellington commented that the
petitioner did not meet the current landscape code in
regard to the buffer. It was the consensus of the
City Council that they did not agree that 9 -foot
spaces were better since there was no guarantee that
a big car would not try to park in a 9 -foot space.
The petitioner was asked to provide a plan showing the
location of the proposed 9 -foot spaces.
STATE ROAD 7 City Manager Herakovich reported that a meeting of the
County Commissioners' meeting regarding deletion of
State Road 7 from their thoroughfare plan resulted in
recommendation to delete the roadway, and requested
CITY COUNCIL REGULAR MEETING, 8/3/95
PAGE 14
direction whether to formally object. Councilwoman
Monroe made a motion to formally object. Motion was
seconded by Vice Mayor Furtado and unanimously
carried.
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.
CITY COUNCIL REGULAR MEETING, 8/3/95
APPROVAL
MAYOR'JOE RUSSO
VICE MAYOR LAUREN FURTADO
c,
COUNCILWOMAN LINDA MONROE
COUNCILMW ERIC JABL
v- -
COUNCILMAN DAVID CLARK
ATTEST:
P1NDA V. KOSIER, CMC, CITY CLERK
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