HomeMy WebLinkAboutMinutes Council 112097CITY COUNCIL
CITY OF PALM BEACH GARDENS
REGULAR MEETING
NOVEMBER 20, 1997
The November 20, 1997, Regular Meeting of the City Council of
the City of Palm Beach Gardens, Florida, was called to order at
7:30 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 Deputy City Clerk called the roll and the following elected
officials were found to be in attendance: Mayor Joseph R. Russo,
Vice Mayor Lauren Furtado, Councilwoman Linda Monroe,
Councilman Eric Jablin and Councilman David Clark.
CITY MANAGER REPORT City Manager Herakovich reported that staff has received
telephone calls from residents regarding Christ Fellowship Church
and copies of the comments have been distributed to the City
Council. She reported that the PALS program has begun a boxing
program for youth ages 8 -18, with a grand opening planned after
the first of the year. Mrs. Herakovich informed the City Council
that the investigation of the Fire Department was continuing and
information would be given to the Council when the investigation
was completed. She further reported that the encephalitis alert has
CITY COUNCIL REGULAR MEETING, 11/20/97
not been lifted at this time and precautions were still in effect. It
was further reported that the Neighborhood Initiative Task Force
final report has been distributed to the City Council and a
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workshop would be scheduled at a later date to discuss some issues
raised by that Task Force. Vice Mayor Furtado asked that the Task
Force be scheduled for the December 18, 1997, meeting for a short
presentation.
PRESENTATIONS Mayor Russo made a presentation to Police Chief James
FitzGerald on his 5 Year Anniversary of employment with the
City.
AWARDING OF BIDS
Master Plan for Parks Vice Mayor Furtado made a motion to approve the bid for the
Parks and Recreation Master Planning to Glatting Jackson Kercher
Anglin Lopez Rinehart Community Planning of Orlando, Florida,
in the amount not to exceed $50,000. The motion was seconded by
Councilman Clark and unanimously carried.
Construction Manager Councilman Clark made a motion to award the bid for
Construction Manager to the firm of O'Donnell, Naccarato &
Mignogna, Inc. in the amount of $198,000. The motion was
seconded by Councilman Jablin and unanimously carried.
Police Motorcycles Vice Mayor Furtado made a motion to award the bid for 2 Policy
motorcycles to Harley Davidson in the amount of $24,998. The
CITY COUNCIL REGULAR MEETING, 11/20/97
motion was seconded by Councilman Clark and unanimously
carried.
Uniform Pants Councilman Clark made a motion to award the bid for uniform
pants for the Fire Department to J.R. Manno Uniforms in the
amount of $11,275. The motion was seconded by Councilwoman
Monroe and carried with a vote of 4 ayes and 1 nay, with Vice
Mayor Furtado casting the nay vote because she felt that the pants
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were too expensive and wanted additional time to research whether
the pants could be purchased on a state contract.
ITEMS BY MAYOR
AND CITY COUNCIL
Vice Mayor Furtado Vice Mayor Furtado thanked staff for a report regarding mulching
PUBLIC COMMENTS
mowers.
Mayor Russo stated that he had 5 comment request forms
regarding Christ Fellowship Church, however, pointed out that the
Public Hearing for that application had been closed. City Attorney
Acton pointed out that the Mayor and City Council set their own
rules as to how a meeting is to be conducted and there were no
legal requirements regarding public comments. City Attorney
Acton stated that at the discretion of the City Council, the public
hearing for Christ Fellowship Church could be reopened, however,
CITY COUNCIL REGULAR MEETING, 11/20/97
the Council could also decide not to take additional public
comments. Councilwoman Monroe and Vice Mayor Furtado
stated they were not in favor of reopening the public hearing for
Christ Fellowship Church nor were they in favor of receiving
additional comments. Councilman Jablin stated that he had
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additional information regarding Christ Fellowship Church that he
had researched, specifically building materials. City Attorney
Acton stated that he advised Councilman. Jablin that any
information presented would have to be of a factual nature and the
public hearing would have to be reopened so that the additional
information could be considered, which would allow the petitioner
and the attorney for the Community Coalition to discuss the
additional information. Councilman Clark stated that he would be
willing to hear any new evidence that could be presented, but did
not want to rehash issues that have been heard and discussed
previously.
Mike Steele Mike Steele, president of Girls Softball for the PBGYAA, stated he
wanted to get the program up and running on a limited basis and
asked that the City consider additional spraying for mosquitos
regarding the encephalitis alert. Mr. Steele referenced several
cities that were either doing additional spraying or allowed their
games to continue.
CITY COUNCIL REGULAR MEETING, 11/20/97 5
Siro DeGasperis Sir DeGasperis, President of C.A.N. congratulated the City Council
on the work that they have done over the years to ensure that
quality development has been brought to the City of Palm Beach
Gardens and encouraged them to keep being tough on development
to assure the residents that their quality of life will never be
threatened.
Mayor Russo stated that the only comments from the public he had
left were regarding Christ Fellowship Church. Vice Mayor Furtado
stated that at the last meeting the only issue was to have staff
include certain language into the ordinance as discussed by the City
Council and the petitioner. The only reason Ordinance 20, 1997,
was brought back to the City Council this evening was to review
the additional conditions of approval and to fine tune the
ordinance. Mayor Russo announced that it was the decision of the
City Council not to take any further public comments regarding
Christ Fellowship Church.
CONSENT AGENDA Mayor Russo stated that the minutes from the Regular Meeting of
the City Council of November 6, 1997, were removed from the
Consent Agenda. Councilwoman Monroe made a motion to
approve the Consent Agenda, seconded by Councilman Clark, and
unanimously carried. The following items were approved on the
CITY COUNCIL REGULAR MEETING, 11/20/97
Consent Agenda:
1. 10/30/97 City Council Special Regular Meeting.
2. Resolution 135, 1997 - Plat of Ballenlsles Parcel 19.
1116197 Minutes City Manager Herakovich stated that City Council had been
provided with excerpts from the 1116197 meeting regarding
Ordinance 20, 1997. It was the consensus of the City Council that
these minutes would be on the next Regular Meeting agenda to
reflect the conditions regarding the wall and berm for Christ
Fellowship Church.
PUBLIC HEARINGS
Ordinance 17, 1997 Mayor Russo declared the Public Hearing open, which was duly
advertised 10/22/97 and held on the intent of Ordinance 17, 1997,
providing for amendment of the Palm Beach Gardens Code of
Ordinances by amending Section 14 -1 through 14 -5; providing for
the addition of Section 14 -6 entitled "Animals Creating a
Nuisance "; providing for the addition of Section 14 -7 entitled
"Inoculation Required ".
Attorney Acton stated that at a previous meeting the City Council
voted to place Ordinance 17, 1997, on first reading, however, the
Council requested amendments to Ordinance 17, 1997. Attorney
Acton detailed the significant changes to the Ordinance. It was the
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consensus of the City Council that "indoor" be taken out of Section
CITY COUNCIL REGULAR MEETING, 11/20/97 7
2b. regarding fish, so that it could be taken as indoor or outdoor
prohibition of fish. It was also the consensus of the City Council
that the weight limit on animals when a resident had 4 or more
should be no more than 10 pounds.
Susan Lange Susan Lange, resident of the City, explained the difference between
domesticated animals and those that were not and pointed out the
necessity of inoculation against rabies. Ms. Lange also pointed out
the need to consider that a resident may need a goat for milk should
their babies be allergic to cow's milk.
Councilwoman Monroe stated that for clarification purposes the
Ordinance should contain language that it would apply to all those
residents that lived on a lot less than 1 acre.
Anthony Lange Anthony Lange of Horseshoe Acres, addressed the Council stating
that the Council needed to address other issues, besides size and
number of animals. Mr. Lange felt that the Council should address
whether the animal was a nuisance and what kind of a nuisance.
Deborah Landberger Deborah Landberger, resident of the City, expressed her concern
with a neighbor of her parents in Sienna Oaks that own a parrot
that has been a nuisance. Ms. Landberger stated that allowing 10
days before Code Enforcement could demand a nuisance pet to be
removed was far too long.
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Councilwoman Monroe recommended that the number in Section
14 -1b, line 2, be changed from 20 to 10.
Mayor Russo declared the public hearing closed.
Councilwoman Monroe made a motion to approve Amendment 1
to Ordinance 17, 1997. At the request of a resident, Ordinance 17,
1997, was further amended in Section 14 -1d to add after the word
"except" litters of puppies or kittens up to 6 months of age and...."
Councilwoman Monroe amended her motion to include the
language for litters. The motion was seconded by Vice Mayor
Furtado and unanimously carried.
Councilwoman Monroe made a motion to adopt Ordinance 17,
1997, as amended and to place the ordinance on second reading by
title only. The motion was seconded by Vice Mayor Furtado and
unanimously carried. The Deputy City Clerk read Ordinance 17,
1997, by title only, on second and Final reading.
Ordinance 20, 1997 Roxanne Manning, Growth Management Director, addressed the
Council, outlining amendments that had been incorporated into
Ordinance 20, 1997, at the direction of the City Council. Mrs.
Manning also detailed staffs review of the Ordinance and
compliance issues. Ms. Manning reviewed staff s
recommendations.
A discussion ensued regarding what the Council agreed were
CITY COUNCIL REGULAR MEETING, 11/20/97 9
conditions at the previous meeting regarding a berm and a wall.
Councilman Clark stated that in reviewing the revised ordinance, it
appeared that the condition relating to the wall around the
playground was omitted and replaced with a condition requiring a
wall on the property line.
Councilman Jablin made a motion to reopen the public hearing to
review information that he received today regarding materials on
the roof of the proposed Christ Fellowship Church. Councilman
Clark seconded the motion to reopen the public hearing for the
limited purpose of addressing the information received by
Councilman Jablin. The motion was carried by a vote of 3 ayes
and 2 nays, with Councilwoman Monroe and Vice Mayor Furtado
casting the nay votes because they did not want the public hearing
reopened to receive any additional information.
Councilman Jablin stated he received information in the mail from
a company called MetTile that manufactures a metal barrel tile
roofing material. Councilman Jablin stated the petitioner stated at
the last meeting that a metal tile roof would be extremely
expensive, however, information he received showed that the metal
tile roof would be less expensive.
Councilwoman Monroe stated she would not have a problem if a
condition was written to provide the petitioner with the flexibility
CITY COUNCIL REGULAR MEETING, 11/20/97
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if the cost and rating were equivalent to what was proposed by the
petitioner.
Attorney Ciklin, representing the petitioner, stated that his client
was under the impression that the public hearing was closed and
did not have his roofing contractor in attendance at this meeting.
Attorney Ciklin stated that his client would look into the roofing
material presented by Councilman Jablin and if it turned out to be
less expensive they would consider the material.
Attorney Gary Fields, representing the Community Coalition,
stated that any attempt to get a more compatible roofing material
would be appreciated and urged the City Council to draft a
condition in such a way that would require the metal tile roof if the
cost was feasible.
Councilman Clark stated that the information received this evening
was interesting, however, pointed out that the petitioner has agreed
as a condition to go with the existing roof and raise the height of
the landscaping. Councilman Clark requested that the petitioner be
allowed to look at the roof and if less expensive know that the
Council would prefer the metal tile roof, however, because of the
additional shielding provided by the petitioner Councilman. Clark
was not prepared to require the petitioner to use the metal tile roof.
Councilwoman Monroe asked that whatever the condition is, if
CITY COUNCIL REGULAR MEETING, 11/20/97 11
they choose to go with the metal tile roof, they be authorized to
have either the terra cotta or the tan color.
Roxanne Manning, Growth Management Director, read the
following Condition No. 16 into the record, as follows: "The roof
sheeting shall consist of either barrel style metal tile in tan or terra
cotta colors or standing seam metal roof in tan provided that the
specific color must be approved by the City Council prior to
issuance of building permits."
Vice Mayor Furtado made a motion to delete Condition 14,
renumber the remaining conditions and add the new condition as
outlined above. The motion was seconded by Councilman Jablin
and unanimously carried. Vice Mayor Furtado made a motion to
approve Ordinance 20, 1997, as amended, and to place Ordinance
20, 1997, on second and final reading, by title only. The motion
was seconded by Councilman Jablin and carried by a vote of 4 ayes
and 1 nay, with Councilman Jablin casting the nay vote. The
Deputy City Clerk read Ordinance 20, 1997, by title only, on
second and final reading.
Ordinance 52, 1997 Mayor Russo declared the Public Hearing open, which was duly
advertised 10/22/97 and held on the intent of Ordinance 52, 1997,
providing for amendment to BallenIsles Planned Community
District to allow for the elimination of Buffer Section "B2" and
CITY COUNCIL REGULAR MEETING, 11/20/97
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modification of the Exotic Plant Management Plan by not requiring
the removal of the exotic plants within the confines of the
southwest corner of the project.
Marty Minor, Principal Planner, detailed the application and staff's
recommended conditions of approval.
Councilwoman Monroe questioned paragraph 1) under
"Neighborhood Park Adjacent to Cypress Hollow" in the Exotic
Plant Management Plan, feeling that the provision was available
for trees to be removed and not replaced.
Julie Rossow Julie Rossow of Cypress Hollow addressed the City Council
expressed her concern with the provision that would allow the
property owner to remove trees within 50 feet of the property line,
stating that the residents in Cypress Hollow were asking for trees to
be removed within 50 feet of the homes.
Hank Skokowski, representing the petitioner, stated that the
petitioner would not be removing all vegetation within 50 feet of
the property line and was comfortable with the conditions because
they were in place for safety purposes.
Councilman Clark suggested adding a new second sentence in the
Exotic Plant Management Plan, page 3 under the Neighborhood
Park adjacent to Cypress Hollow to read as follows: In the event
more than 50% of the Australian Pines within this area are
CITY COUNCIL REGULAR MEETING, 11/20/97
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removed or destroyed, Ballenlsles shall, within 45 days thereafter
submit a landscaping plan for the replacement of such trees with
alternate plant materials. There was consensus of the Council to
add the above sentence.
Louis Munez Louis Munez, President of Cypress Hollow Homeowners
Association, stated that if a significant number of the trees have to
be removed because of safety, neighbors would not be happy if
substitute plantings were not put in place. Mr. Munez stated he
was not in agreement with what the Council was proposing.
There being no comments from the public, Mayor Russo declared
the Public Hearing closed.
Councilman Clark made a motion to approve the amendment 41 to
Ordinance 52, 1997. The motion was seconded by Councilman
Jablin and unanimously carried.
Councilman Clark made a motion to approve the amendment to the
Exotic Plant Management Plan for the BallenIsles PCD, page 3,
entitled "Neighborhood Park adjacent to Cypress Hollow ",
inserting a second sentence to read: "In the event that more than
50% of the Australian Pines within this area are removed or
destroyed, BallenIsles shall within 45 days thereafter, submit a
landscaping plan for the replacement of such trees with alternate
plant materials ". The motion was seconded by Councilman Jablin
CITY COUNCIL REGULAR MEETING, 11/20/97
and unanimously carried.
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Councilman Clark made a motion to place Ordinance 52, 1997, as
amended, on second and final reading, by title only and for
adoption. The motion was seconded by Councilman Jablin and
unanimously carried. Ordinance 52, 1997, was read by title only,
on second and final reading, by the Deputy City Clerk.
YG]"111=1kol
Resolution 123, 1997 Vice Mayor Furtado made a motion to approve the appointment of
Lynn Waxman and Kevin M. Wagner to the City's Code
Enforcement Board. The motion was seconded by Councilman
Clark and unanimously carried.
Resolution 130, 1997 Councilman Clark made a motion to approve Resolution 130,
1997, providing for support of the Northern Area Mutual Aid
Consortium (NAMAC) proposal of a centralized dispatch center.
The motion was seconded by Councilman Jablin and unanimously
carried.
Resolution 136, 1997 Councilman Clark made a motion to approve Resolution 136,
1997, appointment to the Planning and Zoning Commission, of
John Nedvins in Section 1 and Richard E. Masters in Section 2.
The motion was seconded by Vice Mayor Furtado and
unanimously carried.
Resolution 137, 1997 A discussion ensued regarding Resolution 137, 1997, appointment
CITY COUNCIL REGULAR MEETING, 11/20/97 15
of one member to the Neighborhood Initiative Task Force,
however, it was the consensus of the City Council to wait until an
application was available for appointment.
Reorder of Agenda Councilwoman Monroe made a motion to reorder the agenda to
consider Ordinance 53, 1997 and Ordinance 54, 1997, for first
reading and to consider Items for Council Action. The motion was
seconded by Councilman Jablin and unanimously carried.
ORDINANCES:
Ordinance 53, 1997 Marry Minor, Principal Planner, reviewed the application by Palm
Beach County for an amendment to Section 5 of the North County
Government Center Planned Community Development to allow for
a time extension.
Councilman Clark made a motion to place Ordinance 53, 1997, on
first reading, by title only. The motion was seconded by Vice
Mayor Furtado and unanimously carried. The Deputy City Clerk
read Ordinance 53, 1997, on first reading, by title only
Ordinance 54, 1997 Marry Minor, Principal Planner, reviewed the application by Palm
Beach County for an amendment to Section 3 of the North County
Government Center Planned Community Development to increase
the allowable building square footage in Parcel One and to increase
the size of Parcels 5 and 6.
Councilwoman Monroe made a motion to place Ordinance 54,
CITY COUNCIL REGULAR MEETING, 11/20/97
ITEMS FOR COUNCIL
ACTION
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1997, on first reading, by title only. The motion was seconded by
Vice Mayor Furtado and unanimously carried.
Street Lighting on
Northlake Boulevard Councilman Clark made a motion to approve the expenditure of
$8,874.00 for FP &L to complete street lighting on Northlake
Boulevard. The motion was seconded by Councilman Jablin and
unanimously carried.
RESOLUTIONS
Resolution 13 8, 1997 Roxanne Manning, Growth Management Director, reviewed a
petition for Northlake Partners for a site plan approval for a
proposed 96,719 square foot shopping center to be named
NorthMil Plaza. The proposed center would be anchored by an
"Albertson's" supermarket and would include a "Boston Market"
restaurant outparcel development. The shopping center is
proposed to be located on a 11.5 acre parcel with a CG -1 General
Commercial zoning designation. The parcel is located at the
northeast corner of Military Trail and Northlake Boulevard. Ms.
Manning stated that staff had several concerns regarding the
project and recommended the City Council consider denial of the
request. Ms. Manning reviewed staff s major concerns.
Councilwoman Monroe stated that in reviewing the site plan, she
CITY COUNCIL REGULAR MEETING, 11/20/97 17
felt it had to be restarted because of the impact on the
neighborhood, and felt the store should be more centrally located
on the site.
Vice Mayor purtado stated that she has spoken to the developer of
the proposed project, however, stated she had a problem with the
ingress and egress as well as the close proximity Albertson's would
be located to the homes behind this site.
Mayor Russo stated that he would like the residents surrounding
this property notified so that the Council can receive their
comments for consideration.
Attorney Larry Smith, representing the petitioner, addressed the
City Council and asked that the discussion be considered a
workshop and not be considered for a vote at this meeting. City
Manager Herakovich stated that the issues that needed to be
discussed should be discussed with staff by the petitioner and not
necessarily with the City Council.
Mayor Russo stated that the issues could not be resolved this
evening and asked that the petitioner work with staff before
coming back before the City Council for their consideration.
Hank Skokowski, representing the petitioner, reviewed issues
discussed with staff and amendments that could be made to the site
at the suggestion of the City Council. Mayor Russo again asked
CITY COUNCIL REGULAR MEETING, 11/20/97
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that the petitioner work with staff regarding the outstanding issues.
Vice Mayor Furtado asked that the petitioner review alternatives to
the ingress /egress issues.
Mayor Russo stated that he has never seen this project before, and
has been contact by the developer to meet with Albertson's,
however, he did not meet with them because he did not know
whether he could support this project on this site.
Linda Peters Linda Peters, resident of the Hunt Club, addressed the City Council
expressing her opposition to consideration of approval for the
proposed project.
ORDINANCES:
Ordinance 48, 1997
Ordinance 49, 1997 Kim Glas, Principal Planner, stated that these two petitions were
for annexation of 4.3 acres and to concurrentlty approve a land use
change to include an additional 2.96 acres already located within
the corporate boundaries of the City to convert the entire area to
RH zoning category (high density residential). Ms. Glas outlined
the concerns that have not been resolved by staff.
Councilwoman Monroe stated that she could not agree to what the
petitioner has requested, as well as the 9 units per acre.
Councilwoman Monroe felt that the units per acre should be less
than 9, but could be more then the LR3 across the street.
CITY COUNCIL REGULAR MEETING, 11/20/97 19
Councilman Clark stated that he did not have a problem with the
project, but had concerns with the number of units per acre. Vice
Mayor Furtado and Councilman Jablin agreed with Councilman
Clark. Mayor Russo stated that he was concerned with the density.
Mayor Russo stated that Ordinance 48 and Ordinance 49, 1997,
would be placed on the next agenda.
ADJOURNMENT There being no fiu-ther business to discuss, the meeting was
adjo Z1., 30 M.
APPROVAL
OR J H R.RUSSO
G _
VICE MAYOR LAUREN FURTADO
COUNCILWOMAN LINDA MONROE
COUNCILMAN ERIC JABLIN
COUNCILMAN DAVID CLARK
ATTEST:
CINDY 11AWEY, CMC, DEPLWY CITY CLERK