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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 PAGE 15