HomeMy WebLinkAboutMinutes Council 060195CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
JUNE 1, 1995
The Regular Meeting of the City Council of the City of
Palm Beach Gardens, Florida, was called to order by
Mayor Russo at 7:35 P.M. in the Assembly Room of the
Municipal Complex, 10500 North Military Trail, Palm
Beach Gardens, Florida, immediately following the
adjournment of the Local Planning Agency Meeting.
ROLL CALL The City Clerk called the roll and present were Mayor
Russo, Vice Mayor Furtado, Councilwoman Monroe,
Councilman Jablin, and Councilman Clark.
ITEMS BY MAYOR AND
CITY COUNCIL:
MUNICIPAL COMPLEX,
PARK PLAN AND
REFERENDUM TIME LINE City Manager Herakovich explained that staff had
prepared a very ambitious timeline which extended to
March 12, 1996, for construction of a new municipal
complex at the Central Boulevard location. vice Mayor
Furtado requested staff reconsider the present
location of City Hall as a site because of the high
cost of the Central Boulevard site. Discussion ensued
regarding exploration of possible $1 per year lease
site from Palm Beach County at the North County
Governmental Center location. In response to
Councilwoman Monroe, City Attorney Baird advised that
impact fees could be designated for capital
CITY COUNCIL REGULAR MEETING, 6/1/95
PAGE 2
improvement projects but accumulation of those fees
would require several years to acquire enough to make
a significant debt reduction for a project such as a
new municipal complex. After further discussion it
was the consensus of the City Council to schedule a
meeting within the next two weeks with the Palm Beach
County Administrator and Commissioner Marcus to
determine whether a site at the North County
Governmental Center with frontage on PGA Boulevard
would be available for lease at $1 per year. Park
improvements with a four -year timeline for
accomplishment were reviewed by the City Manager.
After discussion, it was the consensus of the City
Council to schedule a meeting with the MacArthur
Foundation to determine locations for recreation which
might be leased to the City for $1 per year with
option to purchase, including the possibility of a
regional park located on Hood Road. It was the
consensus of the City Council that the referendum
would be scheduled for March, 1996, and that the City
Council would be provided an update at their meetings
every two weeks regarding the proposed municipal
complex and park plan.
VICE MAYOR FURTADO Vice Mayor Furtado reported she had attended the high
school baseball banquet, and that the Booster Club
CITY COUNCIL REGULAR MEETING, 6/1/95
PAGE 3
would work to raise money for the fields. vice Mayor
Furtado informed the City Council that the proposed
Northlake reliever road would be located along the
south side of Grove Park Elementary School, which
would place that school at the corner of two major
roadways, the new reliever road and Military Trail.
COUNCILMAN JABLIN Councilman Jablin requested input from the other City
Council members regarding a letter written by a member
of the Education Advisory Board to the School Board
Superintendent regarding gifted program procedures.
Consensus of the City Council was that the letter
should be shortened and should deal in general
policies since the City Council did not have the
expertise to determine whether specific measures
mentioned were valid. Another letter to the School
Board regarding the position of superintendent was
discussed, with the conclusion that such letters
should be sent from the City Council but should give
credit to the Education Advisory Board for the
recommendations with the following language to be used
as a first paragraph. " The City Council has
established an Education Advisory Board and this Board
has brought to us the following recommendations which
we strongly endorse." Councilman Jablin requested
permission to send a representative from the Education
CITY COUNCIL REGULAR MEETING, 6/1/95
PAGE 4
Advisory Board to a seminar regarding education in the
county sponsored by the Economic Council of Palm Beach
County at a cost of $150. City Manager Herakovich
explained that although funds were not budgeted for
advisory board members that other funds designated for
education funds could be used. It was the consensus
of the City Council to send a representative from the
Education Advisory Board to the seminar, and that any
time seminars were attended that the representative
present a report to the City Council.
MAYOR RUSSO Mayor Russo suggested a joint meeting with the City
Council and the Planning and Zoning Commission to
prevent petitions proceeding to City Council with many
conditions. Planning and Zoning Director Walton
explained that the conditions were normally worked out
at the Commission level, however, this applicant had
requested his petition be moved forward in order to
accommodate deadlines. City Attorney Baird agreed
with Councilwoman Monroe's suggestion that items in
the code were the standards that any applicant must
meet and that restating them as conditions served no
purpose. Mayor Russo reported he had attended the
Economic Development meeting and items discussed were
education and tax incentives.
COMMENTS FROM THE
CITY COUNCIL REGULAR MEETING, 6/1/95
PAGE 5
PUBLIC
Cyril LeGaspras
Cyril LeGaspras stated he was President of the
Community Awareness Network, known as CAN,
representing the residents of PGA National. Mr.
LeGaspras complimented and thanked the City Council
for their work regarding the North County General
Aviation Airport, reviewed airport policies, and
reported that not one noise complaint had been
received since the airport had opened.
JEFF PRESSLER
Mr. Pressler of Cypress Hollow questioned the rules of
conduct for PGA National guards to monitor access into
and through the community since he had been stopped
several times and interrogated as to where he was
going. Mayor Russo requested that Mr. Pressler
provide details of these incidents to the City Manager
so that the City could coordinate with PGA National to
correct the problem.
CONSENT AGENDA:
Councilwoman Monroe requested that Resolution 61,
1995, be pulled from the Consent Agenda. vice Mayor
Monroe made a motion to approve the Consent Agenda
with the removal of Resolution 61, 1995, and the
correction that Grand Cay was in PGA National, not
BallenIsles. Councilman Clark seconded the motion.
The motion carried unanimously. The following items
were approved on the Consent Agenda:
CITY COUNCIL REGULAR MEETING, 6/1/95 PAGE 6
1. Approval of Minutes of 5/4/95 City Council
Workshop Meeting.
2. Approval of Minutes of 5/18/95 city council
Regular Meeting.
4. Resolution 62, 1995 - Supporting Programs and
Services Offered by Palm Beach Community
College.
5. Resolution 63, 1995 - Approval of Plat for
Grand Cay, Ballenlsles PCD.
6. Resolution 64, 1995 - Approval of
Authorization for City Manager to file an
application for a portion of Emergency Medical
Services Surcharge Award Program Funds.
7. Resolution 65, 1995 - Approval of Plat for
Palm Beach county Library.
Resolution 61, 1995 Councilwoman Monroe questioned why the item regarding
sidewalks had been deleted to which Director Walton
responded that item had been approved last year.
Councilwoman Monroe suggested that the Military Trail
buffering from Northlake to Holly Drive be submitted
for a grant from Beautiful Palm Beaches and if
accepted then the ISTEA grant request should be
dropped since it would take several years.
Councilwoman Monroe made a motion to approve
CITY COUNCIL REGULAR MEETING, 6/1/95
PAGE 7
Resolution 61, 1995, Approval of Submittal for ISTEA
Grants. Motion was seconded by Vice Mayor Furtado and
unanimously carried.
ORDINANCES:
ORDINANCE 11,1995 Planning and Zoning Director Walton explained that
Ordinance 11, 1995, Consideration of First Reading and
Workshop for Site Plan Approval for "The Ale House
Restaurant ", formerly known as "The Bridge Center" PUD
was presented in the interest of expediting the
approval process for the petitioner, and that Seacoast
Utility had not approved the site plan. Discussion of
procedure resulted in direction to staff that
advertisement for public hearings should be made at
the city council's direction. Larry Smith, agent for
the petitioner, explained the objections raised by
Seacoast Utility, and requested that the City change
their requirement from approval of the site plan by
Seacoast to the requirement that the building must be
outside the Seacoast Utility easement area. Council
members expressed concern for the neighborhood because
of the sports bar nature of the restaurant. Mayor
Russo stated for the record that the residents would
be heard, and the facts would be considered that
legally impacted the project related to compatibility.
Jack Miller, owner, discussed other restaurants he
CITY COUNCIL REGULAR MEETING, 6/1/95
PAGE 8
owned, and Mr. Patterson, representative of Ale House,
explained that the restaurant was considered a
restaurant rather than a sports bar and had been
designed to be compatible with the waterfront area.
RICHARD ARNOLD Mr. Arnold, owner of adjacent property, stated that
the residents had serious concerns for noise, smell,
and the outdoor operations. Mr. Arnold stated he had
no doubt that Mr. Miller was an excellent manager,
questioned who owned the property, and expressed
concern of possible devaluation of his property
because of the restaurant.
DON COLIN Mr. Colin stated he lived at 2038 S. Waterway Drive,
and expressed traffic safety concerns for the PGA
Boulevard /Ellison Wilson Road intersection and
surrounding streets and urged the Council not to
consider traffic standards only, but to study the
specific situation; and the high in- and -out traffic
which would result from operation of this type of
restaurant.
CLARA LOU EVANS Mrs. Evans explained that the already approved PUD for
the Bridge Center prohibited outside music and noise,
and urged that the condition which addressed this
issue remain.
DARRELL EVANS Mr. Evans, 2058 S. Waterway, stated his screen porch
was only 14 feet from the property line and requested
CITY COUNCIL REGULAR MEETING, 6/1/95
PAGE 9
that the City Council control the noise as much as
possible if they approved the project. Mr. Evans
reminded the City Council that this would be a 24 -hour
operation, and stated a preference for a different
land use for this property.
HENRIETTA HARDY Mrs. Hardy stated she and her husband lived next to
Richard Arnold, and explained that they objected to
the project, and the noise and traffic which would
result from the open -sided pavilion with television
sets.
ROBERT RESENBERG Mr. Resenberg stated he lived at 2057 S. Waterway
Drive and discussed whether the project was compatible
and really necessary on that corner. Mr. Resenberg
expressed concern that the neighboring properties
would be devalued.
GERALD ROSSOW Mr. Rossow stated he was an attorney who represented
residents on South Waterway and Smith Drive. Attorney
Rossow discussed Smith Drive paving to which some
residents objected; the dock on the property which had
been built as residential; and the fact that the
present owner had a contract for sale on the property
which was contingent upon the zoning requested, and
that the Ale House lease was also contingent upon the
zoning. Attorney Rossow suggested that the high
impact of this project must be considered on the total
CITY COUNCIL REGULAR MEETING, 6/1/95 PAGE 10
ORDINANCE 12, 1995
ITEMS FOR COUNCIL
ACTION
OAKS PARK PLAYGROUND
EQUIPMENT
area, not just the residents of South Waterway and
Smith Drive.
Mayor Russo summarized the residents' comments as
concern that they were not getting what they had been
told they would have, and stated that he believed
compatibility to be the main issue, and that the
intensity of the project was too great. After
discussion, it was the consensus of the City Council
that the use and intensity was not compatible with the
neighborhood. A motion was made by Councilman Jablin
to not place on 1st reading Ordinance 11, 1995. Vice
Mayor Furtado seconded the motion, which carried by a
vote of 5 -0.
After presentation by Nader Salour and a brief
discussion by the City Council, motion was made by
Councilwoman Monroe to place Ordinance 12, 1995, Minor
Amendment to the BallenIsles PCD, on first reading by
title only. Motion was seconded by Councilman Clark.
Per a unanimous vote by the City Council, the City
Clerk read Ordinance 12, 1995, by title only, on first
reading.
City Manager Herakovich explained
recommendation for recycled plastic
the staff
playground
CITY COUNCIL REGULAR MEETING, 6/1/95
PAGE 11
equipment for Oaks Park for a cost of $37,999. Motion
was made by Councilman Clark to approve the staff
recommendation. Motion was seconded by Councilman
Jablin and carried by a unanimous 5 -0 vote.
ITEMS FOR DISCUSSION
HOLLY DRIVE TIMELINE City Manager Herakovich explained that the desired
summer completion for Holly Drive was not possible,
but would extend until October. Discussion ensued
regarding ways to inform the public that the work had
been scheduled as quickly as possible, and that the
decision had been made to proceed even though
construction would still be in progress when school
started because of the importance of the project and
to avoid another year's delay.
COMMUNICATION TOWERS City Manager Herakovich explained that the current
applicant for a communication tower had been verbally
informed that the City was in the process of
formulating an ordinance. Planning and Zoning
Director Walton commented that staff research had
revealed diverse methods by different municipalities;
Mayor Russo expressed a preference for locating towers
in a remote area. Attorney Ray Royce stated he was
the applicant's representative and explained that a
lot of work had already been done. Attorney Royce
commented that the MacArthur Foundation had considered
CITY COUNCIL REGULAR MEETING, 6/1/95
PAGE 12
establishing an area of approximately 30 acres at a
remote site with a maximum of three towers to be
constructed in phases, which should satisfy tower
demands for many years. Staff was directed to write an
Ordinance for Council consideration.
RESOLUTION 55, 1995 City Manager Herakovich explained that the original
ordinance stated that members of Advisory boards could
not appear before the Council, which had been
clarified to also include business partners. This
clarification had raised concerns from some Planning
and Zoning Commission members. Ed Oliver, partner
with Oliver and Glidden, addressed the City Council
and explained that his partner Mr. Glidden was a
member of the Planning and Zoning Commission and if
the intention of the Resolution was to make sure that
the City and its Advisory Boards adhered to the
highest ethical standards, then he suggested
performance reviews or other options to be sure the
City did not send a message that any firm received
special consideration. Mr. Oliver expressed concern
that if this Resolution were allowed to stand that his
partner would be forced to resign in order for their
firm to continue projects within the City. City
Attorney Baird advised that Mr. Oliver could not
present an application to the Planning and Zoning
CITY COUNCIL REGULAR MEETING, 6/1/95
CITY MANAGER REPORT
CITY ATTORNEY REPORT
PAGE 13
Board or to the City Council, but could be the
architect of record. Councilman Clark stated he
believed this Resolution should be reconsidered since
it would result in keeping qualified people off the
boards; and suggested disclosure of fees or other
information which would enable the City Council to
make a judgement whether or not to renew member terms
based on whether or not there appeared to be any
impropriety in their dealings with the City. After
further discussion, Mr. Oliver requested that the City
Council consider other options to accomplish their
objectives in this matter.
The City Manager reminded the City Council that
Wednesday, June 7 would be their next meeting. The
City Manager stated there have been several complaints
regarding rodent problems and clarified that it was
not the desire of the City Council to subsidize
residential rodent control.
The City Attorney advised that Sun Terrace had filed
a motion for an injunction against lights at the Lake
Catherine ball fields which would be heard June 6 at
7:30 A.M.
There being no further business to discuss, motion was
made by Councilwoman Monroe, seconded by Vice Mayor
Furtado, and unanimously approved to adjourn the
CITY COUNCIL REGULAR MEETING, 6/1/95
meeting at 11:30 P.M.
APPROVAL
MAYOR JOE RUSSO
VICE MAYOR LAUREN FURTADO
COUNCILWOMAN LINDA MONROE
r
r
COUNCILMAN ERIC �(,,JAB N
COUNCILMAN DAVID CLARK
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
PAGE 14