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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