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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