HomeMy WebLinkAboutMinutes Council 051895CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
MAY 18, 1995
The Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order by Mayor Russo at 7:43 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 Deputy City Clerk called the roll and present were Mayor Russo, Vice
Mayor Furtado, Councilwoman Monroe, Councilman Jablin, and Councilman
Clark.
PRESENTATI.ONS:
HOLLY DRIVE
TASK FORCE Assistant Police Chief O'Rourke explained that the Holly Drive task force had
been appointed approximately one year ago to study alternatives to closing traffic
lanes during school hours, and had unanimously agreed at a meeting the
previous day to recommend acceptance of their recommendations to the City
Council. The Assistant Police Chief publicly expressed his appreciation to the
members of the task force for their efforts and to the residents who had
participated, and introduced the task force members who were present at the
meeting. City Engineer Lindahl explained that the optimum time for this project
would be during the summer when school was out. Mayor Russo commented on
the lane closings on PGA Boulevard and requested that the City become more
CITY COUNCIL REGULAR MEETING, 5/18/95
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involved in such projects within the City to request scheduling for times more
convenient to the residents. The City Engineer reviewed the elements of the
preliminary design concept proposed by the task force. Discussion by the City
Council included using the safety of the school children as justification for
placing 4 —way stop signs at Riverside Drive and Holly, and possibly a second
sign at Gardenia and Holly; that the use of stop signs would discourage using
Holly Drive as a shortcut from Alternate A -1 —A to Military Trail, that the
project might be done in phases and stop signs installed in a later phase, and
safety concerns at the entrances planned for the church.
KEN JACKSON Mr. Jackson expressed his appreciation for work done by the City Manager, City
Engineer, and the Assistant Police Chief. Mr. Jackson stated he lived on Holly
Drive and his major concerns were the traffic on that street and the present
closed lanes, and commented that he would like to keep the residential quality
of the roadway.
MICHAEL McMANIS Mr. McManis stated that he lived next to the bridge and wanted to make sure that
drainage was improved, and would like to see the island in front of his house
modified. He stated that he was for the proposal with those modifications.
JAY MURPHY Mr. Murphy expressed concern about the three feet proposed to be taken from
his property and stated he would like to retain the aesthetics of his property. Mr.
Murphy commented regarding the proposed 4 —way stop at Riverside and Holly
that there was already a bottleneck in the mornings of traffic going east.
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TONY ANTHONY Mr. Anthony stated he lived at 3962 Holly, and expressed concern that storm
sewers were not addressed in the proposal, and commented that flooding
occurred. Mr. Anthony also expressed concern that since the roadway had been
resurfaced several times which caused the level of the roadway to be much
higher than his driveway and his driveway was bottomed out. Mr. Anthony
urged the City Council not to proceed with this project haphazardly but to
consider all aspects so that everything could be taken care of at one time.
THOMAS HEIDELMAN Mr. Heidelman, 9858 Daphne, expressed his opinion that two stop signs were
sufficient since more legal issues would be involved with more stop signs, and
that a stop sign was only good if the police were standing behind it.
KATHY BABIN Ms. Babin, 10102 Dahlia, favored more stop signs so that the teenage drivers
leaving the high school would have to stop and think.
Mayor Russo commented that this project would benefit the City by addressing
the problems which created safety issues. Vice Mayor Furtado commented that
she considered Holly Drive the major residential corridor of the City, and stated
that since students from three public schools and two church schools used this
route that this project should be made a high priority. Vice Mayor Furtado
commended the task force for working out solutions to the safety issues. Mayor
Russo commented that the City had no excuse for not proceeding, and the City
Manager verified that the City had accumulated sufficient gas tax funds to pay
the total estimated cost of $353,065. Councilwoman Monroe requested that the
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project map be posted where residents could view it when City Hall was closed.
ROY ROUSCH Mr. Rousch, 4462 Holly Drive, stated that he had been concerned with the severe
traffic problems on Holly Drive for many years, that this plan was sensible, and
that traffic needs should be corrected throughout the City. Mr. Rousch
commended Dennis O'Rourke for his efforts.
It was the consensus of the City Council to move forward with this project with
a short time line, which would be available at their June 1, 1995 meeting.
VISUAL PREFERENCE
STUDY Matthew Sexton, representing the Conservation Fund, explained that he had
worked with City Planner Kim Glas regarding the study, which would consist of
a number of slides scored by residents to indicate their visual preferences, and
that the results would be used in community visioning. He announced that the
survey would be held at the Community Center at 7 P.M. on June 8, and Ms.
Glas explained that residents would be notified via the Cityline newsletter,
various advisory boards, the Chamber of Commerce, and a press release.
ITEMS BY MAYOR AND
CITY COUNCIL:
VICE MAYOR FURTADO Vice Mayor Furtado expressed concern regarding the safety of the Police
Department quarters, and stated that only three fire alarms were installed.
COUNCILMAN JABLIN Councilman Jablin announced that resident Bill Beville, a member of the Merit
Board, had been operated on in St. Louis and although in pain, he had come
through the operation.
MAYOR RUSSO Mayor Russo reported that the Municipal League had discussed restructuring of
CITY COUNCIL REGULAR MEETING, 5118/95
taxes; that a meeting with the MacArthur Foundation had been held to discuss
land options; that a meeting with a church had been held to consider possible
future acquisition by the City, that he had attended the Police Department
accreditation function on Saturday morning, and commended the Fire
Department for their handling of the fire he had witnessed on Saturday
afternoon.
COMMENTS FROM THE
PUIJLI
LINDA HUGHEY Ms. Hughey questioned why the fire trucks were still in the Burns Road station
when she passed by after the fire had started. Mayor Russo explained the
priority procedure used to answer calls, commented that all of the trucks had
gone to the fire, and sugggested that she contact the Fire Chief regarding this
particular instance.
CONSENT AGENDA: Councilwoman Monroe made a motion to approve the Consent Agenda as
submitted. Councilman Clark seconded the motion. The motion carried
unanimously. The following items were approved on the Consent Agenda:
1. Approval of Minutes of 4/27/95 City Council Workshop Meeting.
2. Proclaiming May 27 —June 4, 1995 as "National Aquatics Week ".
3. Proclaiming May 6, 1995 GFWC Florida Federation Centennial
Celebration Day and 1995 GFWC Florida Federation Centennial
Year of Observance.
4. Resolution 58, 1995 — Approval of Timber Harvesting at BallenIsles.
CI'T'Y COUNCIL REGULAR MEETING, 5/18/95
PAGE 6
REORDERING AGENDA Councilwoman Monroe made a motion to reorder the agenda to consider
Ordinance 9,1995 at this point. Motion was seconded by Councilman Jablin and
unanimously carried.
ORDINANCE 9.1995 After a short discussion, Councilwoman Monroe made a motion to take no action
on Ordinance 9, 1995 and to direct staff to consider alternatives to the proposals
in the Ordinance which would serve the purposes as staff understood the City
Council's desires in terms of recreation and beautification needs. Motion was
seconded by Councilman Clark and unanimously carried.
PUBLIC HEARINGS:
RESOLUTION 36, 1995 Mayor Russo declared the Public Hearing open, which was continued from the
Regular Meeting of 4/20/95 and held on the intent of Resolution 36, 1995,
Amending the Development Order for the Frenchman's Creek Development of
Regional Impact. City Attorney Baird advised that in his opinion, a proposal to
change a Development of Regional Impact was a legislative decision rather than
quasijudicial, even if the petition was presented as quasijudicial. Attorney Baird
explained that the initial burden was on the applicant to demonstrate compliance
with the Comprehensive Plan and that the proposed use was in compliance with
the City's zoning requirements; and the City Council must judge whether the
proposed use was sufficiently restrictive or whether another use might be more
appropriate. Attorney Baird stated that the burden of the City Council was to
establish whether the necessity of the public outweighed the use being sought.
Mayor Russo verified that no member of the City Council had discussed this
CITY COUNCIL REGULAR MEETING, 5/18/95
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matter with anyone. Planning and Zoning Director Walton explained that this
request was for conversion of the Yacht Club Marina restaurant to a facility open
to the public, and reviewed the staff report which addressed issues which had
been previously discussed. City Planner Kim Glas explained that research had
been conducted with the County to obtain as much history of this site as possible
and that it had been found that the South Florida Regional Planning Council had
approved the DRI under the assumption that this Yacht Club facility would be
for private use of the residents, and no special conditions were found attached to
approved site plans at the County level. The City Site Plan Review had included
the entire marina, but the tapes of that review had deteriorated with age.
Division of Hotels and Restaurants had helped determine that the restaurant had
been approved for a 165 -seat food service restaurant, code Z, General
Restaurant, and had stated that full construction plans would be required for
review under current standards if the restaurant were to open. It had been
determined that manatees came into the area but did not use the area as a major
feeding or breeding location. Ms. Glas reviewed traffic impact, additional boat
parking spaces, noise concerns, and Prosperity Farms Road right -of -way
expansion; and stated that staff had found that this petition would not constitute
a substantial deviation to the DRI, and was generally consistent with the
Comprehensive Plan. Raymond Royce, attorney for the applicant, proposed
compromise by possible enclosure of the front porch of the restaurant to address
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noise concerns, and pointed out that the City must find proof that indicated this
restaurant should not be a public facility. Attorney Royce described the
following items which were to be made a part of the record: Original application
for amendment of the PUD Site Plan seeking clarification; cover letter to Mr.
Walton from Sara Lockhart of Urban Design dated 2/17/95 which accompanied
the development application for minor amendment to the PCD; the application
itself being considered tonight; letter dated 3/20/95 to Sara Lockhart raising 5
questions which was replied to by a letter dated March 27, 1995 directed to Mr.
Walton and executed by Ms. Lockhart; staff report dated 3/6/95 with attachments
and accompaniments, including letter dated 2/3195 to Ms. Lockhart from L.
Martin Hodgkins, Zoning Director of Palm Beach County. Attorney Royce
stressed that the Council's decision must be based upon the competent and
substantial evidence and that his continuing objection for anything which had
gone on before or would go on hereafter, was that improper evidence would be
polls, petitions, hearsay evidence, comments regarding what someone else said
or thought if they were not present to be cross - examined, opinions, and non -
expert witnesses reaching conclusions and opinions. Attorney Royce questioned
Sara Lockhart who verified that she was a member of the American Institute of
Certified Planners, that her resume was placed into the record at the last meeting,
and that she was a professional planner, whereupon she was sworn in by
Attorney Royce. Ms. Lockhart stated that she was Sara Lockhart of Urban
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PAGE 9
Design Studio and was present to report her conclusions and findings. Attorney
Royce asked that the report submitted by Ms. Lockhart be made a part of the
record. Ms. Lockhart explained that she had carefully reviewed the City's
Comprehensive Plan, Zoning Code, Development of Regional Impact
Application for Development Approval, South Florida Regional Planning
Council Impact Assessment Report, the Development Order, the County's zoning
files, and the City's zoning files, in addition to the County's Zoning Code in
effect at the time of approval. Ms. Lockhart stated that based upon her 15 years'
experience, education and training, and her review of the above documents she
made the following comments.
1. The use of the property as a public restaurant was fully consistent
with the City of Palm Beach Gardens Comprehensive Plan which
designated the project for commercial use.
2. The use of the property as a public restaurant was fully consistent and
compatible with the City's current zoning category for a property
planned for a community district. The district allowed public
commercial enterprises such as those located in PGA National. Use
of the property as a public restaurant was consistent with and
compatible with the development order originally issued by Palm
Beach County which did not provide or require that the property be
used for any commercial purposes.
CITY COUNCIL REGULAR MEETING, 5/18/95
PAGE 10
4. The use of the property as a public restaurant was compatible with
the use of surrounding properties and was not inconsistent or
incompatible with any of those existing uses.
5. The use of the property as a public restaurant would not be contrary
or injurious to the public health, safety, welfare or morals of the
surrounding area or the City of Palm Beach Gardens.
Ms. Lockhart summarized the information used as the basis for her five
statements. Attorney Royce clarified with Ms. Lockhart that under the plan
which existed when approval for Frenchman's Creek Marina Site Plan was
granted that a restaurant use was permitted, and that nothing existed in the City's
codes at that time which provided for a private restaurant. Attorney Royce
indicated that if the County Commission had originally intended to make the
restaurant private that they had had the means to do so. Dr. Joseph Cuschieri
was sworn in by Attorney Royce and his resume was submitted to be made a part
of the record. Dr. Cuschieri stated his firm, located in Boca Raton, Florida, had
been retained to consider noise impact at the proposed restaurant, and submitted
his report to be made a part of the record. Dr. Cuschieri explained that three
noise levels were described in the report, that measurements had been taken to
determine the existing area, that similar restaurants had been used to arrive at
projected noise levels for the restaurant, and that the elevated roadway would
shield most of the noise generated by the restaurant. Dr. Cuschieri stated his
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PAGE 11
three main conclusions: (1) Noise impact from patrons dining outside in the
Frenchman's Creek Marina restaurant would be insignificant; (2) anticipated
noise levels from proposed dining would be less than existing noise levels; and
(3) any noise generated would be well below the noise limits specified in the
Palm Beach Gardens noise ordinance. Dr. Cuschieri answered questions posed
by the City Council. Attorney Royce pointed out that the noise generated by the
restaurant would be the same whether public or private; Mayor Russo disagreed
since he believed that a private club would not require as many patrons.
Attorney Royce clarified that Dr. Cuschieri had measured outside noise.
Procedure was clarified by City Attorney Baird.
ROLAND DAVIS Roland "Red" Davis, Paradise Port, stated he was a captain, had been on the
water, and stated the existing traffic noise was bad. Mr. Davis questioned Dr.
Cuschieri regarding additional noise generated from increased traffic. Dr.
Cuschieri responded that the increase in traffic would have to be determined by
a traffic engineer before the increase in noise level could be measured.
ADOLPH LOVLER Mr. Lovler, LeBateau Drive, questioned what kind of sound Dr. Cuschieri was
measuring when he spoke to him late one afternoon in front of his home. Dr.
Cuschieri explained that he was determining the existing base noise level. Mr.
Lovler questioned whether this was an effective way of testing future noise for
a restaurant emanating to a community such as he lived in; the response by Dr.
Cuschieri was that similar restaurant sites were used to determine a projected
CITY COUNCIL REGULAR MEETING, 5/18/95
PAGE 12
noise level when added to the existing base level. After further discussion with
Dr. Cuschieri, Mr. Lovlerr concluded that in his opinion the test was invalid.
Attorney Royce's comments included the conclusion that there was no other way
to project noise from a restaurant which was not in existence.
JULIO DUMAS Mr. Dumas, 14081 Leeward Way, questioned whether proposed changes to the
configuration of the existing site had been considered. Dr. Cuschieri explained
that the proposed changes would only increase the existing noise level outside
the restaurant area. Attorney Royce provided clarification of Dr. Cuschieri's
comments.
GEORGE GREENBERG Mr. Greenberg, LeBateau Drive, asked if he could bring an expert on sound into
this matter, and was assured by Mayor Russo that could be done.
Mayor Russo requested that the residents organize and possibly appoint a
representative to speak at the next meeting. Mayor Russo requested that the City
Attorney provide a legal opinion regarding the evidence submitted by Ms.
Lockhart. Mayor Russo stated that the Council's decision would have to be
based upon law, and requested that a compromise be worked out by the involved
parties. Because of time constraints, Motion was made by Councilwoman
Monroe to continue the Public Hearing to a time certain of Wednesday, June 7,
1995, at approximately 7:30 P.M. Motion was seconded by Councilman Clark
and unanimously carried.
ORDINANCE 10, 1995 Mayor Russo declared the Public Hearing open, which was duly advertised
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PAGE 13
5/11/95 and held on the intent of Ordinance 10, 1995, Consideration of an
Ordinance Amending the Comprehensive Land Use Plan/Map of the City and
Authorizing the Transmittal of Same (95 -1 Round of Amendments). There
being no comments from the public, Mayor Russo declared the Public Hearing
closed. Councilman Clark made a motion to place Ordinance 10, 1995 on first
reading by title only. Motion was seconded by Councilwoman Monroe and
unanimously carried. The Deputy City Clerk read, on first reading by title only,
Ordinance 10, 1995.
RESOLUTION 37, 1995 Mayor Russo stated that he had forgotten to open the Public Hearing on
Resolution 37, 1995, and therefore declared the Public Hearing open which was
continued from the Regular Meeting of 4/20/95. There being no comments from
the public, motion was made by Councilman Jablin to continue the Public
Hearing to a time certain of Wednesday, June 7, 1995, at approximately 7:30
P.M. Motion was seconded by Councilman Clark and unanimously carried.
ACTION:
VEHICLES PURCHASE City Manager Herakovich explained that the request presented to the City
Council was for the purchase of three of four budgeted vehicles for the detective
division of the Police Department. Motion to approve the staff recommendation
was made by Councilman Clark, seconded by Vice Mayor Furtado, and
unanimously carried.
CITY MANAGER REPORT: The City Manager verified that at the June 1, 1995 City Council meeting,
CITY COUNCIL REGULAR MEETING, 5/18195
PAGE 14
discussion would be held regarding the location of City facilities, the recreation
master plan improvements, and the accelerated referendum timetable.
CITY ATTORNEY: The City Attorney reported that the City's motion to dismiss had been granted in
the Sun Terrace lawsuit regarding lighting. In an unrelated matter, City Attorney
Baird commented that he would issue a memo regarding the bid challenge issue.
Councilwoman Monroe requested a future workshop regarding timber
harvesting.
RESOLUTION 60, 1995 Planning and Zoning Director Walton reviewed the staff report dated May 10,
1995, and stated that staff recommended approval of Resolution 60, 1995,
Consideration of Approval of Amendment to Devonshire PUD, PGA National.
Frank Palen, agent for the petitioner, stated agreement with the conditions in the
staff report. Motion was made by Councilman Clark to approve Resolution 60,
1995 as amended, with the amendment to paragraph 1, section 2, which would
now read, prior to the issuance of the first building permit petitioner shall
resolve the following engineering concerns. Motion was seconded by Vice
Mayor Furtado. Director Walton commented that there was a typing error in
Roman numeral two in the wording and there were two Roman numeral twos.
Councilman Clark amended his motion to include correction of those two
typographical errors. Vice Mayor Furtado amended the second to the motion.
Motion carried unanimously.
ITEMS FOR DISCUSSION:
CITY COUNCIL REGULAR MEETING, 5/18/95 PAGE 15
THE OAKS CENTER PUD Planning and Zoning Director Walton reviewed the request for vested rights
determination by The Oaks Center PUD as presented in the staff report dated
May 10, 1995. Councilwoman Monroe requested that documentation be
submitted with the staff report. William Shannon, agent for DiVosta and
Company, Inc., verified that the final four acres of the project could not be built
until after infrastructure was in place, discussed tree removal and relocation, and
the fact that concurrency had not been obtained until recently. Councilwoman
Monroe suggested the applicant reapply for this particular parcel. Mayor Russo
directed the applicant to work with staff to determine justification for vested
rights.
ADJOURNM RNT There being no further business to discuss, motion was made by Councilman
Clark, seconded by Vice Mayor Furtado, and unanimously approved to adjourn
the meeting at 11:30 P.M.
CITY COUNCIL REGULAR MEETING, 5/18/95 PAGE 16
i,
APPROVAL
MAYOR JOE RUSSO
VICE MAYOR LAUREN FURTADO
COUNCIL-WOMAN LINDA MONROE
G�
COUNCILMAN ERIC JABLIN
COUNCILMAN DAVID CLARK
ATTEST:
U
CINDY HARVEY, DEPUTY CITY CLERK