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HomeMy WebLinkAboutMinutes Council 070297CITY COUNCIL REGULAR MEETING JULY 2, 1997 The July 2, 1997, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to Order at 7:34 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Joseph Russo, Vice Mayor Lauren Furtado, Councilwoman Linda Monroe, and Councilman David Clark. Councilman Jablin arrived at 7:40 P.M. ANNOUNCEMENTS Mayor Russo stated that the announcements were as listed on the agenda and posted on the City's bulletin boards. PRESENTATION Mayor Russo and Police Chief James FitzGerald made a presentation to Officer Ron Council for his 10 years of service to the City. CITY MANAGER REPORT City Manager Herakovich reminded the City Council of the City's July 4th celebration at the Gardens Mall from 5:00 p.m. to 9 :00 p.m. City Manager Herakovich introduced Mark Hill, the City's new Growth Management Director. City Manager Herakovich stated that IPARC had 3 days to finalize CITY COUNCIL REGULAR MEETING, 712197 2 their opinion regarding two petitions before the the County for consideration of submittal to the Department of Community Affairs. The two properties were commonly known as the Campbell Property and Claartje Property. At the suggestion of the City Council, legal counsel as well as the Mayor and staff would be in attendance at the July 23rd hearing regarding these two properties. City Manager Herakovich stated that she extended a formal invitation to the Rivieria Beach Council for a joint meeting re: Northlake Reliever. Ms. Herakovich will inform the Council of the date they would be able to attend. City Manager Herakovich and City Engineer Lindahl detailed problems experienced at a drainage canal commonly known as the Allamanda Canal. City Engineer Lindahl stated that the canals in the City have always been maintained based on their function for drainage purposes, but not for aesthetics. Mr. Lindahl stated that any change in maintenance purposes would take a policy decision from the City Council. Public Works Director Bob Patty outlined costs for canal maintenance, stating that $8,000 was spent this year for maintenance of the Allamanda Canal. The City Council discussed alternative maintenance procedures that could be used, and directed staff to do a research and cost analysis for various CITY COUNCIL REGULAR MEETING, 712197 procedures. 3 Janet Bereda of Town Oaks addressed the City Council expressing her concern with the condition of the Allamanda Canal. Mrs. Bereda presented the City Council with photographs of how the canal used to look and how it looked today. Noticing the obvious difference in the aesthetics of the canal, Mayor Russo stated that the City would do what it could to improve the appearance of the canal. Deborah McCloskey, resident of Town Oaks, addressed the City Council stating her concerns with the condition of the Allamanda Canal. Ms. McCloskey presented the City Council with a petition signed by 53 homeowners of Town Oaks requesting the canal be better maintained. Robert White, resident of Town Oaks, addressed the City Council, stating that the problems with the Allamanda Canal began after the Gardens East apartments and the Promenade Plaza were constructed, feeling that outflow from these developments were illegally connected to the Allamanda Canal. The City Council directed staff to look into the allegations made by Mr. White, The City Council directed staff to report back to the City Council at the next Regular Meeting regarding alternatives to maintenance problems at the Allamanda Canal. CITY COUNCIL REGULAR MEETING, 7/2/97 COMMENTS FROM THE PUBLIC Vito DeFrancesco Vito DeFrancesco, resident of Shady Lakes, addressed the City Council expressing his displeasure with being cited by Code Enforcement for having concrete bumpers along the right -of -way. Reorder of Agenda Councilwoman Monroe made a motion, seconded by Councilman PUBLIC HEARINGS 4 Jablin to reorder the agenda to consider Ordinance 20, 1997, at this time. The motion unanimously carried. Ordinance 20, 1997 Mayor Russo reconvened the Public Hearing, which was postponed from the June 19, 1997, Regular Meeting of the City Council. Mayor Russo stated the purpose of the Public Hearing this evening was to determine a date and time certain to hold the Public Hearing, since the representatives from the church were not at the last meeting. Attorney Gary Fields, representing the Community Coalition, stated that the residents would like additional time to have the opportunity to hire experts for traffic, a planner and whatever experts were needed to address their concerns with the Christ Fellowship Church project. Attorney Fields felt that the residents would need until September to accomplish all they needed to address regarding the proposed project. CITY COUNCIL REGULAR MEETING, 712197 5 Attorney Alan Ciklin, representing Christ Fellowship Church, stated that the church felt the residents have had ample time to hire experts since the application was filed with the City in July, 1996, went through 4 meetings with the Planning and Zoning Commission, and to date 6 before the City Council. The City Council felt that the residents should be given until September to hire experts. Attorney Gary Fields committed not to discuss issues that had been agreed upon between the representatives of Christ Fellowship Church and the residents, but just to issues that were not resolved. Attorney Fields further agreed to commit to discuss procedures to be used at the Public Hearing to assure that the process would be completed in one meeting. Councilman Clark made a motion, seconded by Councilman Jablin, to postpone the Public Hearing for Christ Fellowship Church, to August 21, 1997, at 7:30 P.M. for the purpose of announcing the date, time and place of the public hearing, so staff could arrange for another location to accommodate the residents. The motion was unanimously carried. CONSENT AGENDA Mayor Russo requested Resolution 67, 1997, be pulled from the Consent Agenda for discussion. Councilwoman Monroe made a motion to approve the Consent CITY COUNCIL REGULAR MEETING, 7/2/97 Agenda, except for Resolution 67, 1997. The motion was seconded by Vice Mayor Furtado and unanimously carried. The following item was approved on the Consent Agenda: 1. Approval of Minutes of 6/16/97 Special Regular City Council Meeting, Resolution 67, 1997 In response to Mayor Russo, staff explained the conditions of approval that would prevent the library in the development of the townhomes at Resort Villas from ever becoming a third bedroom. Col Councilman Clark made a motion to approve Resolution 67, 1997, providing for an amendment to the Resort Villas (Parcel M -3) site plan located in PGA National. The motion was seconded by Vice Mayor Furtado and unanimously carried. PUBLIC HEARINGS: Ordinance 18, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised 6/17/97, and held on the intent of Ordinance 18, 1997, providing for the creation of a Planned Unit Development and the renovation of the PGA Shell Station at 4445 PGA Boulevard, for the purpose of gasoline sales and accessory convenience items. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion, seconded by Councilman Jablin, to approve Ordinance 18, 1997, to be read on second CITY COUNCIL REGULAR MEETING, 7/2/97 7 reading, by title only, and for adoption. The motion carried by a vote of 3 ayes and 2 nayes, with Vice Mayor Furtado and Councilwoman Monroe casting the nay votes. The City Clerk read Ordinance 18, 1997, on second reading, by title only. Ordinance 23, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised 614197 and postponed from the City Council Regular Meeting of June 19, 1997, and held on the intent of Ordinance 23, 1997, providing for an amendment to Section 66 -37 and Section 66 -68 of Article II of the City's Code of Ordinances. Several Councilmembers expressed their concern with the amount of the home occupational license fee, and felt that in comparison to fees required of other businesses such as locksmiths, insurance and daycare, the fee of $100 was too high for the first home occupational license fee amount. Kent Olson, Finance Director, explained the reasoning for the amount, stating that the Equity Study Commission had recommended the fee of $100. However, the City could not raise other occupational fees more than 5% per year. Mr. Olson stated that eventually, other occupational fees would be raised to where they would be more proportionate. Councilman Clark suggested, and the Council agreed, that the home occupational license fee be amended to be $75. There being no comments from the public, Mayor Russo declared CITY COUNCIL REGULAR MEETING, 712197 8 the Public Hearing closed. Councilwoman Monroe made a motion, seconded by Vice Mayor Furtado, to place Ordinance 23, 1997, on second reading, by title only, and to adopt Ordinance 23, 1997, with the amendment of $75.00 for home occupational license fees instead of $100.00. The motion was unanimously carried. The City Clerk read Ordinance 23, 1997, on second reading, by title only. Ordinance 28, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised 6117197 and held on the intent of Ordinance 28, 1997, providing for the rezoning of 5 acres of land located on the north side of Hood Road between Military Trail and Central Boulevard at 4657 Hood Road from RL -1, Residential Low Density District, to RH, Residential High Density District. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to approve Ordinance 28, 1997, for second reading, by title only, and for adoption. The motion was seconded by Councilman Jablin and unanimously carried. The City Clerk read Ordinance 28, 1997, on second reading, by title only. Ordinance 29, 1997 Mayor Russo declared the Public Hearing open, which was duly CITY COUNCIL REGULAR MEETING, 7/2/97 advertised 6/17/97 and held on the intent of Ordinance 29, 1997, providing for an amendment to Ordinance 17, 1996, same being the budget ordinance of the City for the Fiscal Year beginning 10/1/96 and ending 9/30/97, inclusive. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Vice Mayor Furtado made a motion to place Ordinance 29, 1997, z for second reading, by title only, and for adoption. The motion was seconded by Councilman Jablin and unanimously carried. The City Clerk read Ordinance 29, 1997, on second reading, by title only. Ordinance 30, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised 6/17/97 and held on the intent of Ordinance 30, 1997, providing for a revision to Ordinance 14, 1997, which provided for the expansion and renovation of the Holiday Inn/MacArthur's Vineyard Hotel Complex. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Jablin made a motion to place Ordinance 30, 1997, on second reading, by title only, and for adoption. Councilman Clark seconded the motion, which unanimously carried. The City Clerk read Ordinance 30, 1997, by title only, on second reading. Ordinance 31, 1997 Mayor Russo declared the Public Hearing open, which was duly CITY COUNCIL REGULAR MEETING, 712197 10 advertised 6/17/97, and held on the intent of Ordinance 31, 1997, providing for approval of the petition of PGA Marina for rezoning of 7.47 acres of land located on the northwest corner of PGA Boulevard and the Intracoastal Waterway to a Planned Unit Development. Marty Minor, Principal Planner, reviewed the details of the petition, and displayed the color of the paint (celtic blue) the petitioner chose to paint the boat storage building. David Carpenter, agent for the applicant, addressed the City Council and outlined the history of the petition and the property in question. Mr. Carpenter asked that the petitioner not be required to paint the boat storage building at the present time, but stated his client would agree to paint the building whatever color the Council approved, if the building was still in use 3 years from the date of approval of this application. A discussion ensued regarding the legalilty of boat sales on the property. City Attorney Carol Wallace stated that the use of boat sales could not be grandfathered on this property because no permits have been issued. Attorney Gary Brandenburg, representing the petitioner, explained why he felt that the use was grandfathered. It was the consensus of the City Council that they could live with the color of the building for a while, but would like to see the palm CITY COUNCIL REGULAR MEETING, 7/2/97 RESOLUTIONS: 11 trees moved and requested more clarification from staff. The City Council further requested sign -offs from the Police and Fire Departments before consideration of approval. Vice Mayor Furtado made a motion, seconded by Councilman Jablin, to postpone the Public Hearing until July 17, 1997, at 7:30 P.M. The motion was unanimously carried. Resolution 73, 1997 Councilman Clark made a motion, seconded by Vice Mayor Furtado, to approve Resolution 73, 1997, providing for an appointment of a member to the Beautification and Environmental Committee to fill the unexpired term of Christina M. Steiner, inserting the name Joseph Royals as the appointment. The motion unanimously carried. Resolution 74, 1997 Councilman Clark made a motion, seconded by Councilman Jablin, to approve Resolution 74, 1997, approval of LRP Publishing Signage. The motion was unanimously carried. Resolution 75, 1997 Councilman Clark made a motion, seconded by Councilman Jablin, to approve Resolution 75, 1997, approval of authorization for the issuance of the City's $4,900,000 aggregate principal amount General Obligation Bonds, Series 1997. The motion was unanimously carried. CITY COUNCIL REGULAR MEETING, 712197 12 ORDINANCES: Ordinance 33, 1997 Councilman Clark made a motion, seconded by Vice Mayor Furtado, to place Ordinance 33, 1997, on first reading, by title only. The motion unanimously carried. The City Clerk read, by title only, Ordinance 33, 1997, providing for an amendment to Section 46 -32 of the City of Palm Beach Gardens Code of Ordinances, entitled "Membership and Qualifications" to increase the number of members of the Parks and Recreation Advisory Board from 5 to 7 Regular Members. ITEMS FOR COUNCIL ACTION Purchase of Land Attorney Bill Hyland addressed the City Council concerning the proposed purchase of two pieces of property. One parcel was located on Lilac Street and was 9.68 acres, with a cost of $499,999.00. The second parcel was located off Richard Road and was 6.12 acres, with a cost of $1.00. Attornq Hyland reviewed the negotations and the savings afforded the City by the MacArthur Foundation, pointing out that the Foundation had been offered more money for these properties than the City was paying. Councilman Clark made a motion to approve the purchase of the properties and authorize the Mayor and City Manager to enter into CITY COUNCIL REGULAR MEETING, 712197 purchase agreements for the purchase of these properties. The motion was seconded by Vice Mayor Furtado and unanimously carried. ITEMS FOR DISCUSSION Mecca Farms Mr. Joseph Verdone, agent for Mecca Farms, Inc., addressed the 13 City Council regarding the request for a conditional use to amend table 1 and table 2 of Resolution 125, 1995, which approved a conditional use for the existing and proposed agricultural uses. Pursuant to Resolution 125, 1995, the conditional use approval for the subject property would expire December 21, 2005, with a review and consideration of renewal by the City Council every two years thereafter, provided an application is submitted prior to the expiration of the original approval or extension. Mr. Verdone requested to amend table 1, Acreage and Proposed Agricultural Uses, for parcel 4(2) to include an accessory fruit and vegetable stand and a "U Pick It" operation. The request is also to amend table 2, Existing Structures and Conditions, to add a fruit and vegetable stand and a modular security structure to the structures listed in table 2 for parcel 4(2). City Manager Herakovich pointed out that staff did have some concerns with the application and was looking for direction from CITY COUNCIL REGULAR MEETING, 712197 Council on whether to proceed with the request. It was the consensus of the City Council to proceed with the request, once issues were worked out with City staff. CITY MANAGER REPORT City Manager Herakovich announced that City Attorney Carole Wallace would be getting married Saturday, July 12, 1997. City Manager Herakovich stated that staff was in the process of 14 receiving quotations for improvements to the sound system in the Council Chambers and would be coming back to Council with further information once all quotations were received. ITEMS BY MAYOR AND COUNCIL Vice Mayor Furtado Vice Mayor Furtado referenced a letter she received from Mr. Hendrickson, a resident who lived in the area of the Gardens Medical Center. Mr. Hendrickson was concerned with new construction at the hospital and asked that the construction crews be notified of the City's noise ordinance and the times that construction was allowed to begin and had to end. Assistant City Manager Dunham stated that construction traffic would be entering the site from Burns Road in an effort to reduce noise to surrounding residential neighborhoods. City Manager Herakovich stated that staff would contact the hospital to make them aware of the City's noise ordinance. CITY COUNCIL REGULAR MEETING, 712197 ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 10:45 P.M. APPROVAL ,L Ma r bsse� h R. Russo T� Wa t v 0 d (7:,L `Vice Mayor Lauren W. Furtado Councilwoman Linda -Monroe Coun6ftnn Eric Jablin Councilman David Clark ATTEST: i2a V. Kosier, City Clerk 15