HomeMy WebLinkAboutMinutes Council 031695ROLL CALL
ANNOUNCEMENTS
RESOLUTIONS:
RESOLUTION 29, 1995
ADMINISTRATION OF
OATHS OF OFFICE
CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
MARCH 16, 1995
The Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order by Mayor Clark 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.
The Deputy City Clerk called the roll and present were Mayor Clark, Vice
Mayor Monroe, Councilman Russo, Councilman Jablin and Councilwoman
Furtado.
Mayor Clark stated that the announcements were as posted on the City's
Bulletin Boards. Mayor Clark announced that this was the organizational
meeting following the City's recent election in which both Linda Monroe and
Joe Russo were elected to the City Council.
Councilman Russo made a motion to approve Resolution 29, 1995, Declaring
the Results of the City's General Election held March 14, 1995, to fill the
Group 2 and Group 4 Seats. Motion was seconded by Vice Mayor Monroe.
Motion carried 5 -0.
City Clerk Linda V. Kosier performed the administration of oaths of office to
Joseph R. Russo and Linda Monroe to fill seats 2 and 4 respectively, which
CITY COUNCIL REGULAR MEETING, 3/16/95 PAGE 2
terms of office expire March, 1998.
•• •
APPOINTMENT OF
TEMPORARY CHAIRMAN Councilwoman Linda Monroe made a motion to appoint Mayor David Clark
as Temporary Chairman for the purpose of electing a Mayor and Vice Mayor.
Motion was seconded by Councilwoman Furtado and passed 5 -0.
APPOINTMENT OF MAYOR
AND VICE MAYOR Councilwoman Furtado nominated Linda Monroe for Mayor. Motion was
seconded by Councilman Jablin. Councilman Jablin nominated Joe Russo for
Mayor. Temporary Chairman Clark passed the gavel and seconded the
motion. After discussion, the nomination of Linda Monroe was voted on with
a 2 -3 vote. The nomination of Joe Russo was then voted on and carried
unanimously. Councilwoman Monroe nominated Lauren Furtado for Vice
Mayor. Councilman Jablin seconded the motion. After discussion,
Temporary Chairman Clark passed the gavel and placed the name of Linda
Monroe in nomination for Vice Mayor. Councilwoman Monroe declined the
nomination. The vote on the motion of Lauren Furtado for Vice Mayor
passed 5 -0.
APPOINTMENT OF
CHAIRMAN PRO -TEM Councilman Russo moved that Councilman Eric Jablin be nominated as
Chairman Pro -Tern to act in the absence of both the Mayor and Vice Mayor.
Motion was seconded by Councilwoman Furtado and unanimously carried.
CITY COUNCIL REGULAR MEETING, 3/16/95 PAGE 3
RESOLUTION 32, 1995 Councilman Russo moved approval of Resolution 32, 1995 — Appointment of
Joe Russo as Mayor and Lauren Furtado as Vice Mayor. Motion was
seconded by Councilwoman Furtado and unanimously carried. The gavel was
passed to Mayor Russo who thanked the residents who voted and stated that
the Council would work toward improving the City and that at the next
meeting a mission statement would be stated for accomplishments to be
carried out within the coming year.
ITEMS BY MAYOR AND
CITY COUNCIL:
VICE MAYOR FURTADO In response to Vice Mayor Furtado, City Manager Herakovich stated she
expected to receive the business survey draft after spring break. Vice Mayor
Furtado suggested expansion of the list to include business people whose
offices were not in the City but who did business in the City on a regular
business.
COUNCILWOMAN MONROE In response to Councilwoman Monroe, Planning and Zoning staff responded
that land use west of the slough had been brought into the Comprehensive
Plan and there was no problem with applying leap frog development language.
City Manager Herakovich responded to Councilwoman Monroe that she
would conduct research into knowledgeable groups or individuals who could
provide consultation services as to where industrial land use should be within
the City.
CITY COUNCIL REGULAR MEETING, 3/16/95
COMMENTS FROM THE
PUBLIC
PAGE 4
GENE GALOUIE Mr. Galouie spoke concerning the financial problems of the PBGYAA, and
stated that as a member he had asked to look at the records, and although
promised by the directors that he could see them he still had not seen the
records, and that questions he had raised concerning the annual report were
passed off as sloppy bookkeeping. He reported that another person who had
lodged the same request two years ago had still not seen the records. He
stated that he had been a league member for nine years and was a league
sponsor. Mr. Galouie requested City Council help to which Mayor Russo
responded that the PBGYAA was a separate organization and that the City
Council would send a letter to PBGYAA requesting a response to Mr.
Galouie's questions, and would advise Mr. Galouie of the results.
CONSENT AGENDA: Vice Mayor Furtado made a motion to approve the Consent Agenda as
submitted. Councilwoman Monroe seconded the motion. The motion carried
unanimously. The following items were approved on the Consent Agenda:
1. Approval of Minutes of 2/16/95 City Council Regular Meeting.
2. Approval of Minutes of 3/2/95 City Council Regular Meeting.
3. Resolution 16, 1995, amending Good Samaritan/St. Mary's Health
Care Pavilion re: signage.
4. Resolution 17, 1995 - Authorizing the Mayor to execute an
CITY COUNCIL REGULAR MEETING, 3/16/95
PAGE 5
Interlocal Agreement between the City of Palm Beach Gardens and
the City of West Palm Beach re: Smartnet 800 MHZ
Communications System.
5. Resolution 30, 1995 - Approval of maintenance agreement between
City and FDOT for I -95.
6. Resolution 38, 1995 - Amending Resolution 169, 1994, The Fee
Schedule for Fire Code Inspections & Special Detail Standbys.
PUBLIC HEARINGS:
RESOLUTION 36, 1995 Resolution 36, 1995- Consideration of Amendment to the Frenchman's Creek
DRI Development Order. Planning and Zoning Director Rich Walton stated
that since Resolution 36, 1995 and Resolution 37, 1995 consisted of the same
topic, he would explain both at once, however, separate actions would be
required. Director Walton explained that the original approval for the
restaurant required it to be private and that the request now was for it to
become a public facility, and that both Treasure Coast Regional Planning
Council and DCA had determined no substantial deviation was required and
did not require a public hearing. The City's engineer had expressed no
concern after a review of the traffic report. City Manager Herakovich
reported the Homeowners Association had voted to support the change.
Director Walton stated that staff had recommended conditions which included
prohibition of any changes to the exterior of the building or the site plan,
CITY COUNCIL REGULAR MEETING, 3/16/95
PAGE 6
limited the restaurant to 150 seats, and prohibited its use as a late —night disco
or similar entertainment facility or for any activity which would generate loud
music or noise.
HENRY SKOKOWSKI Mr. Skokowski stated he represented the owner of the property and the
restaurant operator, and that the facility was originally a part of the
Frenchman's Creek DRI and had always been designated for a commercial
use, but had been vacant for five years, and verified by reading a portion of
a letter from the restaurant owner his agreement that the facility would not be
used as a late —night music or entertainment facility that would generate loud
music or create a nuisance.
Mayor Russo declared the Public Hearing open, which was held on the intent
of Resolution 36, 1995.
ADOLPH LOVLER Mr. Lovler stated that he lived on Le Bateau Drive within a 500 —foot radius
of the proposed restaurant, and that he and other residents present at this
meeting were against a public restaurant within a private area and believed
that the facility should remain private, and questioned whether liquor would
be served.
ROBERT MALTZ Mr. Maltz stated that he also lived on Le Bateau Drive and that opening the
restaurant would create a serious security risk, and that the name was no
longer to be Frenchman's Creek after the restaurant was turned over to the
owner from the developer.
CITY COUNCIL REGULAR MEETING, 3/16/95
PAGE 7
AUTHUR BERLIN Mr. Berlin stated he lived on the second street in from Donald Ross Road and
was putting his house on the market after only a year because of the traffic
and questioned who did the original traffic survey. Mayor Russo explained
the original approval was done by Palm Beach County and assured Mr. Berlin
that his concerns regarding the bridge and the traffic would be considered by
the City Council. Planning and Zoning Director Walton reported the traffic
study only calculated 22 additional peak hour trips with the restaurant
reclassified as public. Councilman Jablin questioned whether traffic studies
ever considered additional boat traffic and how the raised bridge backed up
traffic. Mr. Berlin stated that if the study had been done out of season the
bridge was only raised approximately every half hour or 45 minutes, but in
season was raised approximately every ten minutes.
KELLY DOBBS Mr. Dobbs stated he lived at 2741 Donald Ross Road and suggested that the
Council members speak with Frenchman Creek employees who sometimes
waited up to 45 minutes to get out after work, and inquired whether public
slips would be available for boat patrons if the restaurant were designated as
a public facility. Mr. Dobbs requested an updated graphic which would show
the planned egress and ingress for the new Donald Ross Road which had been
approved, and also questioned whether the Army Core of Engineers was
consulted as to the additional boat traffic.
EVELYN GREENBERG Ms. Greenberg stated she lived on Le Bateau Drive and that traffic had
CITY COUNCIL REGULAR MEETING, 3/16/95
PAGE 8
changed radically since she moved there and would change more with the
opening of the restaurant, and urged the City Council to project traffic
patterns into the future.
Mr. Skokowski discussed the issues raised by the residents. Sam Appleton,
the restaurant operator, described his company's other seafood restaurants
located in Maine and stated that no live music or entertainment was planned
for this restaurant. Mr. Appleton described the proposed restaurant as similar
to a smaller version of The River House and anticipated 200 nightly meals
maximum.
FRANCES LOVLER Mrs. Lovler stated that she lived on Le Bateau Drive, and stated the noise
carried easily over the water and questioned whether outdoor seating was
planned.
ADOLPH LOVLER Mr. Lovler commented that the size of the building would not accommodate
seating of 150 indoors and therefore he believed partial outdoor seating was
planned. Mr. Skokowski agreed that seating in the existing patio area was
planned but that the petitioner would address restrictions for that area.
Councilwoman Monroe requested that clarification be provided as to the total
number of trips and also the number of approved boat slips. Mayor Russo
asked for clarification of the City's legal position. There being no further
comments from the public, motion was made by Councilman Jablin to recess
the Public Hearing to April 6, 1995 at approximately 7:30 P.M. Motion was
CITY COUNCIL REGULAR MEETING, 3/16/95 PAGE 9
seconded by Councilman Clark and unanimously carried.
RESOLUTION 37, 1995 Mayor Russo declared the Public Hearing open, which was held on the intent
of Resolution 37, 1995, Consideration of Amendment to the Frenchman's
Creek PCD to allow a public restaurant instead of a private dub. There being
no comments from the public, motion was made by Vice Mayor Furtado to
recess the Public Hearing to April 6, 1995 at approximately 7:30 P.M. Motion
was seconded by Councilman Clark and unanimously carried.
RESOLUTIONS:
RESOLUTION 31, 1995 Resolution 31, 1995 - Consideration of Approval for Amendment to
Admiralty 11 re: Radisson Suite Hotel Signage. After discussion in which
staff explained that the requested changes were not in compliance with the
sign code, and in which Bob Freeman, agent for the petitioner, explained the
reasons for the requested sign changes, consensus of the City Council was not
to approve the amendment as presented but to allow petitioner to postpone this
request in order to address the concerns of the City Council.
RESOLUTION 33, 1995 Resolution 33, 1995 - Consideration of approval of a Site Plan for BallenIsles
PCD Parcel 29. Planning and Zoning Director Rich Walton reviewed the
request and staff's condition that no public access be allowed during
construction on the temporary stabilized construction access road. Henry
Skokowski, agent for the petitioner, explained that the petitioner agreed to
staff conditions, further described the project, and requested a waiver to
CITY COUNCIL REGULAR MEETING, 3/16/95
RESOLUTION 34, 1995
RESOLUTION 35, 1995
RESOLUTION 35, 1995
PAGE 10
provide a sidewalk on only one side of the cul -de -sac. After discussion,
motion was made by Councilman Clark to approve Resolution 33, 1995.
Motion was seconded by Councilman Jablin, and unanimously carried.
Resolution 34, 1995 - Consideration of amendment to Canterbury/The Lakes
- M24 PGA National to align lot lines. After review by Planning and Zoning
Director Walton and Henry Skokowski, agent for the petitioner, motion was
made by Councilman Clark to approve Resolution 34, 1995. Motion was
seconded by Councilman Jablin, and unanimously carried.
Councilman Clark made a motion to approve Resolution 35, 1995 -
Consideration of approval for Replat for Canterbury/The Lakes - M24 PGA
National. Motion was seconded by Councilman Jablin, and unanimously
carried.
Resolution 35, 1995 - Consideration of approval of a PUD for West Park
Center Plat Lot 1 at Northcorp PCD. Planning and Zoning Director Walton
reviewed the project and stated that three waivers for covered parking were
presented for consideration. Jeff Lis, agent for the petitioner, thanked the
staff and City management for working to accommodate their tenant,
Wackenhut. Mr. Lis explained the requested signage package and that he
would need to return for approval of Building "A" signage when Wackenhut
had submitted their signage design. It was the consensus of the City Council
that the proposed signage height on Building "A" could be along the top of the
CITY COUNCIL REGULAR MEETING, 3/16/95
PAGE 11
building since it would be viewed from I -95. After further discussion of
signage for the other buildings by the City Council and by Mr. Catalfumo,
petitioner was directed to bring back the whole signage package taking into
consideration the sign code restrictions.
Councilman Clark made a motion to approve Resolution 39, 1995. Motion
was seconded by Vice Mayor Furtado and unanimously carried.
RESOLUTION 9, 1995 It was the consensus of the City Council to delay Resolution 9, 1995 -
Consideration of Appointments to the Firemen's Retirement Trust Fund Board
of Trustees for further research into indemnification for board members and
to obtain resumes from interested volunteers.
RESOLUTION 10, 1995 It was the consensus of the City Council to delay Resolution 10, 1995 -
Consideration of Appointments to the Policemen's Retirement Trust Fund
Board of Trustees for further research into indemnification for board members
and to obtain resumes from interested volunteers.
ORDINANCES:
ORDINANCE 5, 1995 Motion was made by Councilwoman Monroe to place Ordinance 5, 1995 -
Amendment to the Landscape Code, on first reading by title only. Motion
was seconded by Vice Mayor Furtado. Upon a unanimous vote by the City
Council, the Deputy City Clerk read Ordinance 5, 1995, by title only, on first
reading.
ORDINANCE 6, 1995 Motion was made by Councilwoman Monroe to place Ordinance 6, 1995 -
CITY COUNCIL REGULAR MEETING, 3/16/95
PAGE 12
Amendment to the Landscape Code, on first reading by title only. Motion
was seconded by Councilman Jablin. Upon a unanimous vote by the City
Council, the Deputy City Clerk read Ordinance 6, 1995, by title only, on first
reading.
ITEMS FOR COUNCIL
ACTION:
IRISH TIMES
SPECIAL EVENT After a short discussion and comments from the General Manager of the Irish
Times, Councilman Clark made a motion to approve the request for a St.
Patrick's Day Special Event at the Irish Times Restaurant. Motion was
seconded by Councilman Jablin and unanimously approved.
CITY MANAGER'S REPORT City Manager Herakovich announced the City had been awarded "Tree City
U.S.A." designation and noted that a new flag had been placed in the Council
Chambers. The City Manager announced that a workshop was scheduled for
Thursday, March 23, and that another workshop needed to be scheduled very
soon to review the plan for the Lake Catherine area. It was the consensus of
the City Council to schedule that workshop for Thursday, March 30, 1995.
City Manager Herakovich reported that Bob Patty, Public Works Director,
would continue to serve on the Solid Waste committee to continue efforts
against once a week garbage collection. Other announcements by the City
Manager included Great Florida Cleanup Day April 1, Municipal League
meeting March 22, formation through the Municipal League of an Education
CITY COUNCIL REGULAR MEETING, 3/16/95
PAGE 13
Concurrency Task Force and an opening for an alternate on Treasure Coast
Regional Planning Council for which letters of interest needed to be sent by
March 31. City Manager Herakovich reported a second meeting had been
held with Jupiter officials to review conditions requested for inclusion in the
Abacoa Development Order, and since the Development Order had been
received only that day results would be reported to the Council at their next
meeting. The City Manager reported an estimated cost of $11,000 to
correctly wire the ballfield lighting at Plant Drive Park. City Manager
Herakovich explained that the Merit Board would like to totally dismantle the
Merit System and had appointed a Blue Ribbon Committee consisting of two
Merit Board members, two supervisory employees and two non — supervisory
employees to rewrite each section and report back to the Merit Board for their
consideration, and during the process would evaluate whether the Merit Board
was needed. Vice Mayor Furtado commented that the Merit Board lacked
checks and balances and there was room for improvement. Mayor Russo
commented that recreation should he reviewed at an upcoming workshop
meeting. Vice Mayor Furtado requested an update of the Holly Drive
Committee at one of the workshop meetings.
CITY ATTORNEY REPORT The City Attorney had no items to report.
ADJOURNMENT There being no further business to discuss, motion was made by
CITY COUNCIL REGULAR MEETING, 3/16/95
PAGE 14
Councilwoman Monroe, seconded by Councilman Clark, and unanimously
approved to adjo the e g at 10:41 P.M.
APPROVAL
1VIy JOE USSO
VICE MAYOR LAUREN FURTADO
COUNCILWOMAN LINDA MONROE
COUNJCILMA�I IC JABLIN
COUNCILMAN DAVID CLARK
ATTEST:
CINDY HARVEY, DEPUTY CITY CLERK