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HomeMy WebLinkAboutMinutes Council 101697CITY COUNCIL REGULAR MEETING OCTOBER 16, 1997 The October 16, 1997, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:31 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 R. Russo, Vice Mayor Lauren Furtado and Councilman Eric Jablin. Councilwoman Linda Monroe and Councilman David Clark were not in attendance as they were out of town. ANNOUNCEMENTS Mayor Russo stated that the announcements were as listed on the agenda and posted on the City's bulletin boards. AWARDING OF BIDS Fertilizer Councilman Jablin made a motion, seconded by Vice Mayor Furtado, to award the bid for fertilizer to Lesco, Inc. Of Rocky River, Ohio, in the amount of $42,048, with monies to be taken from account 01- 2080- 519.5210. The motion unanimously carried. Vice Mayor Furtado requested that staff perform a total analysis regarding mulching mowers and any savings that might be realized from their use, given the fact that the City's budget provides for CITY COUNCIL REGULAR MEETING, 10/16/97 2 over $130,000 a year for fertilizer. CONSENT AGENDA Councilman Jablin made a motion, seconded by Vice Mayor Furtado, to approve the Consent Agenda. The motion was unanimously carried. The following items were approved on the Consent Agenda: I . Minutes of 918197 City Council Special Regular Meeting. 2. Proclaiming November, 1997, as "Epilepsy Awareness" Month. 3. Resolution 119, 1997 - Support of the Re- authorization of the Intermodal Surface Transportation Efficiency Act (ISTEA) by the United States Congress and requesting that the United States Congress end the funding inequity that exists for the receipt of funds by the State of Florida. PUBLIC HEARINGS Ordinance 20, 1997 Mayor Russo reopened the Public Hearing regarding Ordinance 20, 1997, which had been postponed from the Regular Meetings of 6119197, 712197, and 918197. Marty Minor, Principal Planner, reviewed revisions made to the proposed site plan since the Council last reviewed the project. The revised site plan requests approval of an 85,200 square foot religious facility, which would include a 1,750 seat 53,428 square foot sanctuary building, a 16,718 square foot children's education building, and a 15,054 square foot adult education building, to be used for church related activities. Mr. Minor pointed out that parking spaces have been increased to 904 spaces instead of 787. CITY COUNCIL REGULAR MEETING, 10/16/97 Mr. Minor stated that the petitioner had now provided for a double left turn lane to the main egress on Northlake Boulevard. Mr. Minor pointed out that the proposed project is consistent with the City's Comprehensive Land Use Plan. City Engineer Lindahl defined calculations used in the traffic analysis and stated that his calculations showed it took between 2 and 4 seconds for a car to vacate the parking lot of the proposed church. Mr. Lindahl explained that when more cars were stacked, the flow of exiting provided that a vehicle could exit the parking lot in 1.9 seconds. To vacate the parking lot when it was full would take approximately 20 -30 minutes. David Gregg, representing Palm Beach Gardens Christ Fellowship Church, stated that the petitioner revised the plan in response to concerns by the residents and City Council at the last public hearing. Mr. Gregg stated the revised plans provide for a more campus concept, much like Trinity Methodist Church. Mr. Gregg stated that the roof color had been changed from green to tan and presented color samples. It was pointed out that Gibson Road was no longer planned as an access into the site. Councilman Jablin expressed concern with the grass parking areas and possible drainage problems. Engineer Lindahl stated that final review of design documents would require exact details of CITY COUNCIL REGULAR MEETING, 10/16/97 4 pervious and impervious areas. Mayor Russo stated that he would like a barrel tile roof or a metal roof that looks like barrel tile similar to that used at Disney World. Mayor Russo stated that he would like the condition referencing the number of regular services to be better defined. Attorney Gary Fields, representing the Community Coalition, expressed his concern that the revised plans were never presented to his clients and a letter regarding those revisions was received on 10/8/97. Mr. Fields stated his calculations show that the church only reduced the overall plan by 13% when the City Council directed a reduction between 20% and 50 %. Mr. Fields asked that a condition be included in the ordinance to provide for fines to ensure that the conditions of approval are enforced. Mr. Fields stated he would like specifics on the types of seats, whether the walls shown around the sanctuary are permanent walls and asked that the ordinance include a condition to allow a maximum of two services on Sunday. Mr. Fields asked that retention ponds at the north end be relocated away from residential areas because of insect problems. Mr. Fields requested a requirement that the church use a specified number of police officers after services to assist in vacating the vehicles from the site. Mr. Fields felt that the petition should be returned to the Planning and Zoning CITY COUNCIL REGULAR MEETING, 10/16/97 5 Commission because the amendments to the plan have been significant. Mr. Fields felt that the City Codes required all parking spaces to be paved since the facility would be used more than twice a week, and asked that requirement be further researched. Mayor Russo asked if the petitioner and the residents surrounding the project would try again to resolve differences before the next meeting. Mayor Russo asked that staff research the concerns of Mr. Fields so that his questions could be answered at the next meeting as well. Vice Mayor Furtado expressed her concern with the opposition to a church and hoped that all the residents who have told her they were in support of the church would come to meetings to express that support. Vice Mayor Furtado felt that a decision should be made based on facts only. Mayor Russo felt that a decision could not be made on emotion, but only on the facts presented. It was felt that it would be better for the petitioner to have a full Council to consider approval or denial of this petition. Joan Altwater Joan Altwater, resident of Cypress Hollow, addressed the City Council expressing her opposition to the proposed project, stating that before she purchased her home she checked with the City as to what could be built and was told it would be single family homes. CITY COUNCIL REGULAR MEETING, 10/16/97 rn Mayor Russo stated that he received cards from William Young of Steeplechase, Allen S. Lavin of PGA National and Ruth Lavin of PGA National, all stating they were opposed to the proposed project. Bob Kaplan Bob Kaplan of BallenIsles addressed the City Council stating his concerns with the project were traffic, parking, events and the look of the project. Mr. Kaplan asked that there be more specificity in the ordinance regarding conditions of approval Councilman Jablin made a motion to continue the Public Hearing for Ordinance 20, 1997, to 10130197, at 7:30 P.M., at which time a date and time certain would be announced for a public hearing for consideration of second reading and adoption of Ordinance 20, 1997. The motion was seconded by Vice Mayor Furtado and unanimously carried. 17 018111 1 I8i Resolution 110, 1997 Paul Friedman, Management Administrator, addressed the City Council re: Resolution 110, 1997, consideration of approval to extend the cable franchise agreement by and between the City and Southeast Florida Cable, d/b /a Adelphia Cable Communication. Attorney Ila Feld, City Consultant, stated that the existing franchise with Adelphia expires in November and will require substantial CITY COUNCIL REGULAR MEETING, 10/16/97 h negotiations, however, Federal law requires a franchise agreement. Councilman Jablin made a motion to approve Resolution 110, 1997, seconded by Vice Mayor Furtado. The motion unanimously carried. Resolution 120, 1997 Marty Minor, Principal Planner, addressed the City Council regarding Resolution 120, 1997, consideration of approval for an expression of no objection to PGA National becoming a controlled ingress /egress community as provided for under said Chapter of the Special Acts of Florida. City Engineer Lindahl presented Council with an amendment to the staff report for the traffic counts, stating that the amendment was due to a computer error. Mayor Russo acknowledged a letter from Julie Rossow of Cypress Hollow in opposition to Resolution 120, 1997. In response to Mayor Russo, City Manager Herakovich stated that staff had not consulted with Palm Beach County legal staff or engineering staff. City Engineer Lindahl explained that it was staff's preference to have a complete understanding of what was being proposed, and stated that beyond the traffic study, staff had nothing else to discuss with County staff. Vice Mayor Furtado expressed her concerns with the resolution and stated that as Council liaison to the Metropolitan Planning Organization, she wanted to be sure that the Turnpike Interchange CITY COUNCIL REGULAR MEETING, 10/16/97 8 on Northlake Boulevard was in the "shute" before consideration of Resolution 120, 1997. Vice Mayor Furtado explained that she wanted to be sure residents were provided with another north/south corridor before limiting the access to Ryder Cup Boulevard. Mayor Russo stated that the Council had already expressed their opinion that it did not have a problem with the proposal if it did not have a negative impact on the traffic in the area. Mayor Russo felt that it would be in the best interest of the residents of PGA National to have a full Council available for a vote on Resolution 120, 1997, so that the approval would not be tainted. Councilman Jablin pointed out that this resolution merely expressed a no objection to a concept and did not harm anyone as it did not present a final decision. Siro DeGasperis Siro DeGasperis, resident of PGA National and President of C.A.N. expressed his support of Resolution 120, 1997, and asked that the City Council take a vote this evening. Mr. DeGasperis stated that avast majority of the residents in PGA National voted yes for controlled gates, and pointed out that these residents pay for the roads, but cannot control their own destiny. Mr. DeGasperis stated that he was not asking for finalization, but just support of a concept. It was further pointed out that the City Council would still have review and final approval of the proposed project. CITY COUNCIL REGULAR MEETING, 10/16/97 9 Ken Jackson Ken Jackson, 4422 Holly Drive, addressed the City Council expressing his opposition to Resolution 120, 1997, stating that Ryder Cup Boulevard was a public road dedicated to the public and was afraid that when needed in the future it would be much harder to take back for public use. Amir Kanel Amir Kanel, 8332 Man -O -War Road, addressed the City Council expressing his support of Resolution 120, 1997, and, as President of the Steeplechase Homeowners Association, expressed their support of the resolution. Dr. Milton Stern Dr. Milton Stern, 24 Cayman Place, expressed his disappointment with the City Council not wanting to vote on this resolution this evening, stating that he had been working on this project for 5 -6 years and would like to see it completed. Dr. Stern asked that the City Council vote on the resolution tonight and vote in favor of same. Allen Lavin Allen Lavin, 151 Coventry Place, stated that he was in favor of the resolution and asked if the Council put off a decision until the next meeting that the comments made prior to his be repeated. Mayor Russo explained to Mr. Lavin that there would be minutes available for the absent Council members to read. Ruth Lavin/Joan Elias Mayor Russo stated he had notes from Ruth Lavin and Joan Elias expressing their support of Resolution 120, 1997, however, did not CITY COUNCIL REGULAR MEETING, 10/16/97 10 want to speak. Donna Brosemer Donna Brosemer, 8E Lexington Lane East, addressed the City Council expressing her opposition to Resolution 120, 1997, and ask that the City Council take the time to review all the facts. Per a consensus of the City Council, Resolution 120, 1997, was moved to the November 6, 1997, agenda. Resolution 124, 1997 Councilman Jablin asked that Resolution 124, 1997, be placed on the November 6, 1997, agenda to give time for recommendations for appointments to the Education Advisory Board. ORDINANCES: Ordinance 24, 1 997 Marty Minor, Principal Planner, stated that Ordinance 24, 1997, was an amendment to the City Code regarding wireless telecommunication towers and antennas. At the direction of the City Council, the revisions to Ordinance 24, 1997, were made and submitted to the Council for their review. Mr. Minor stated that the Council package contained a brief comparison between the existing regulations and the draft ordinance. It was requested that the ordinance be workshopped between first and second reading. City Consultant, Attorney Ila Feld, gave a brief summary of the ordinance. Ms. Feld stated that the ordinance attempted to protect the City and residents. Ms. Feld stated that while the City had an CITY COUNCIL REGULAR MEETING, 10/16/97 11 obligation to not provide a barrier to entry of communication towers, the City still retained zoning authority. Michael Danchuk Michael Danchuk, 6705 145th Place, Palm Beach Country Estates discussed the recent approval by the City that would have allowed a communication tower to be erected near Palm Beach Country Estates. Mr. Danchuk stated that in his meetings with the MacArthur Foundation he learned that the project was no longer feasible, and Mr. Dale Smith of the Foundation told him that they would never approve a tower to be built on that site in the future. Mayor Russo encouraged Mr. Danchuk to have the Foundation put that in writing to the City, as letters to them have remained unanswered regarding the status of the tower project. Councilman Jablin made a motion to place Ordinance 24, 1997, on first reading, by title only. The motion was seconded by Vice Mayor Furtado and unanimously carried. The City Clerk read Ordinance 24, 1997, on first reading by title only. Ordinance 52, 1997 Marty Minor, Principal Planner, addressed the City Council regarding Ordinance 52, 1997, for an amendment to the ordinance approving BallenIsles Planned Community District, to eliminate buffer section `132" located west of Ballenlsles Drive on the north side of Northlake Boulevard, and to modify the Exotic Plant Management Plan by not requiring the removal of the exotic plants CITY COUNCIL REGULAR MEETING, 10/16/97 12 within the confines of the southwest corner of the project. Hank Skokowski, agent for the petitioner, stated that the petitioner was agreeable to the conditions, however, would like the City Council to ask the petitioner to voluntarily provide for maintenance on Northlake Boulevard median landscape requirements. Mayor Russo explained, and the Council agreed, that developers were required to maintain the median landscaping as it would be cost prohibitive for the City to perform the maintenance. A discussion ensued regarding the australian pines on the buffer between Ballenlsles and Cypress Hollow. The petitioner was encouraged to try to work with the Cypress Hollow Homeowners Association to resolve these issues. Julie Rossow Julie Rossow, 9043 Cypress Hollow Drive, addressed the Council expressing her concern with australian pines falling on the fence, one landing on her home. Ms. Rossow asked that the City require the petitioner to remove said trees and pointed out that the City codes required the petitioner to do so, yet the code had not been enforced. Roy Davidson of BallenIsles stated that it was clear that there was not a consensus of opinion of all the homeowners in Cypress Hollow, even with numerous meetings. Mr. Davidson stated that this resolution was for the completion of the buffer and the CITY COUNCIL REGULAR MEETING, 10 /16/97 13 petitioner has asked for incorporation of language so they were not precluded from obtaining a solution to the pine tree problems. Mr. Davidson stated that the petitioner would like a letter signed by a majority of homeowners and would like an agreement for financial participation for the removal of the pine trees. Mr. Davidson stated that the petitioner was willing to work with a representative committee of homeowners from Cypress Hollow and develop a plan that was not only acceptable to the residents of Cypress Hollow but to the residents of BallenIsles as well. Vice Mayor Furtado felt that, at a minimum, the height of the Australian pine trees in the buffer in question, needed to be shortened because they posed a risk to those living along the buffer. Councilman Jablin made a motion to place Ordinance 52, 1997, on first reading, by title only. Vice Mayor Furtado seconded the motion, which unanimously carried. The City CIerk read Ordinance 52, 1997, on first reading, by title only. CITY MANAGER REPORT In response to City Manager Herakovich, there was a consensus of the Council to wait until October 25, 1997, to see if the mosquito advisory had been lifted before determining if the trick or treating on Halloween should be changed to Saturday, November 1, 1997, from 2:00 to 4:00 p.m. CITY COUNCIL REGULAR MEETING, 10/16/97 ADJOURNMENT There being no further business to discuss, the meeting was adjourned at :21 p.m. APPROVAL 1�IA JOSEPH R.RUSSO VICE MAYOR LAUREN FURTADO COUNCILWOMAN LINDA MONROE r � -- CVUNCILMAN ERIC JABLIN a `COUNCILMAN DAVID CLARK ATTEST: Ll$4DA V. KOSIER, CMS, CITY CLERK 14