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.
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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
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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.
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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,
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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:
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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
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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
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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
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