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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 2 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 3 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 11 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 0 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. CITY COUNCIL REGULAR MEETING, 11/20/97 8 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 10 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 12 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 13 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. 14 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 16 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 18 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