Loading...
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 PACE 2 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. CITY COUNCIL REGULAR MEETING, 5/18195 PAGE 3 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 CITY COUNCIL REGULAR MEETING, 5/18/95 PAC;F. 4 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 PAGE 7 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 CITY COUNCIL REGULAR MEETING, S/18/95 PAGE 8 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 CITY COUNCIL REGULAR MEETING, 5/18/95 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 CITY COUNCIL REGULAR MEETING, 5/18/95 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 CITY COUNCIL REGULAR MEETING, 5/18/95 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