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HomeMy WebLinkAboutMinutes Council 120497CITY COUNCIL CITY OF PALM BEAC14 GARDENS REGULAR MEETING DECEMBER 4, 1997 The December 4, 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 City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Councilwoman Linda Monroe, Councilman Eric Jablin and Councilman David Clark. Vice Mayor Furtado was not in attendance due to illness. Mayor Russo welcomed Boy Scout Troop 150 and stated they were studying American Government. PRESENTATIONS Mayor Russo made a presentation to Assistant Police Chief Dennis O'Rourke for his 5 year anniversary of employment with the City. Mayor Russo made a presentation to Barbara Byerly of the Building Department for her 15 year anniversary of employment with the City. Mayor Russo presented a Plaque of Appreciation to Sandra Gottlieb for serving as a member of the Recreation Advisory Board CITY COUNCIL REGULAR MEETING, 1214197 2 from March, 1990 - April, 1997. CITY MANAGER REPORT City Manager Bobbie Herakovich reported that the Annual Report had been completed and distributed to the City Council. The report would be made available to residents and staff. Ms. Herakovich reported the receipt of a letter from the MacArthur Foundation that stated the tower that was approved by the City Council 6 months ago was no longer a viable option and the lease would not be renewed. Mayor Russo stated he would like steps taken to remove the approval from the property so that another company could not construct a tower on that site. Mayor Russo suggested that an expiration date be included in all approvals. The City Manager reported that the City received a grant from the U.S. Department of Justice for local law enforcement efforts. Ms. Herakovich reported that the MPO grant for sidewalks were in the fmalization stage and it appeared that the City would receive a grant to be used for sidewalks on the southside of Burns Road. Ms. Herakovich reported that GFOA awards were received for Finance Reporting and Budget Documents and pointed out that both Holly Luzader and Kent Olson were recognized. The City Manager reported that the outdoor seating ordinance would be on the December 18, 1997, City Council agenda. City Manager Herakovich stated that the City has been assigned a CITY COUNCIL REGULAR MEETING, 12/4/97 new reporter by the Palm Beach Post by the name of Christine Vaughn. Ms. Herakovich stated that staff would proceed with revisions to Ordinance 17, 1 997, adopted by the City Council at the 11/20/97 meeting regarding the regulations of animals and nuisances. 3 City Manager Herakovich reported that the investigation regarding the Fire Department has been completed. Ms. Herakovich thanked staff for their cooperation and added that she had contacted several selection firms to assist in finding a fire chief and would bring suggestions back to the City Council in the near future. Mayor Russo complimented staff that worked on the investigation involving the Fire Department and expressed his hope that the City would not have to go through another investigation such as the one just experienced. Mayor Russo stated that the City had gone to great expense to hire a professional Human Resource Department to avoid such problems in the future. Mayor Russo stated he would like a workshop scheduled to discuss a Public Safety Commission or a Fire/Police Task Force. ITEMS BY MAYOR AND CITY COUNCIL Councilwoman Monroe In response to Councilwoman Monroe, City Manager Herakovich stated that the prototype of the proposed City sign would be located CITY COUNCIL REGULAR MEETING, 12/4/97 on the southeast corner of PGA Boulevard and the Turnpike tomorrow. AWARDING OF BIDS Turnout Gear Councilman Clark made a motion, seconded by Councilwoman Monroe, to approve the bid for Turnout Gear for the Fire Department to be awarded to Bennett Fire Products in the amount of $16,100.00. The motion was unanimously carried. City Vehicles Councilman Clark made a motion to award the bid for 16 City ITEMS BY MAYOR AND CITY COUNCIL 0 vehicles be awarded to Don Reid Ford, Inc., with 12 of the vehicles to be equipped for natural gas, in the amount of $323,956.00. Councilman Jablin seconded the motion, which unanimously carried. Councilwoman Monroe Councilwoman Monroe reported that the Northlake Boulevard Task Force appointed a sub - committee to come up with ideas and proposals to bring back to the respective City Councils, and reported that the City's appointee had been elected chair of the sub- committee. Councilman Clark Councilman Clark stated the Beautification and Environmental Committee met yesterday and decided on the first Beautification Award. Councilman Clark stated that this item would be brought CITY COUNCIL REGULAR MEETING, 12/4/97 before the City Council in the near future. Councilman Jablin Councilman Jablin reported that he met with David Gregg of Christ Fellowship Church regarding roofing materials, and he stated that if Councilman Jablin's information was cost effective they would give consideration to the materials suggested. Mayor Russo Mayor Russo reported on Earth Day at the High School. Mayor Russo reported that he attended the Minority Business Luncheon 5 and suggested that the City consider the use of minority businesses in the building of the new municipal complex Mayor Russo thanked staff for a successful tree lighting event. Mayor Russo reported on a bill before the legislature regarding concurrency and charter counties. Mayor Russo stated that the sales tax in Palm Beach County would be used and school planning would come under the authority of the County Commission. Mayor Russo stated that every municipality would have to sign an agreement with the County regarding the use of sales tax monies. Mayor Russo stated that he felt that the cities should be involved in the planning of schools. The MPO will be sending people to Tallahassee next week to discuss this issue. CONSENT AGENDA Councilman Clark made a motion, seconded by Councilwoman Monroe, to approve the Consent Agenda. The motion was unanimously carried. The following items were approved on the CITY COUNCIL REGULAR MEETING, 12/4/97 Consent Agenda: 1. November 6, 1997, City Council Regular Meeting Minutes. 2. Proclaiming 1/18 -24198 as "The Week of the Working Parent ". PUBLIC HEARINGS Ordinance 51, 1997 Mayor Russo declare the Public Heaing open, which was duly advertised 10/22/97 and postponed from the 11/6/97 Regular Meeting of the City Council, and held on the intent of Ordinance 51, 1997, providing for approval of the petition of Gardens lei Presbyterian Church fo rezoning of 8.91 acres of land located at the northeast corner of Hood Road and Central Boulevard to a Planned Unit Development, in order to construct a 9,000 square foot church. Marty Minor, Principal Planner, addressed the City Council and detailed the application. Mr. Minor stated that the petitioner was still working on the cross access agreeent, however, there were still a few minor glitches. Instead of holding the petition up because of the agreement, staff recommended that a condition be added to Ordinance 51, 1997, that would require that prior to the issuance of the first buildig permit the church and the Board of Trustees for Temple Beth David issue a formal executed and recorded agreement regarding the sharing of certain infrastructure outlined in the letter of intent dated 1123/97 and reviewed and approved by CITY COUNCIL REGULAR MEETING, 1214197 7 the City. Mark Udowski, architect for the petitioner, reviewed the color samples and site plan. Councilwoman Monroe questioned Condition 5, regarding the letter of credit, stating that in reading the condition it appeared that it could be quite some time before the triggering events that cause the landscaping to be done would occur. Councilwoman Monroe expressed her concern that 110% of the cost of the infrastructure would change if the work would not begin for 5 years and asked that language be included in the condition to compensate for inflationary costs. It was the consensus of the City Council that inflation/deflation cost language should be included in all letters of credit. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to approve the amendment to Ordinance 51, 1997, proposed by Marty Minor as an additional condition #6 and in addition the amendment to condition 45 inserting the phrase "(at the time of installation)" after the phrase "110% of costs" in the fifth line of condition #5. The motion was seconded by Councilwoman Monroe and unanimously carried. Councilman Clark made a motion to place Ordinance 51, 1997, on CITY COUNCIL REGULAR MEETING, 1214197 8 second and final reading, by title only, and for adoption. The motion was seconded by Councilwoman Monroe and unanimously carried. Th City Clerk read Ordinance 51, 1997, on second and final reading by title only. Ordinance 53, 1997 Mayor Russo declared the public hearing open, which was duly advertised on 11/19/97 and held on the intent of Ordinance 53, 1997, providing for approval of an amendment to Section 5 of the North County Government Center Planned Community Development to allow for a time extension. Roxanne Manning, Growth Management Director, reviewed the application for a time extension. Ms. Manning stated staff recommended an amendment to the condition in Section 3 to read as follows: "The project shall be developed in accordance with the approved phasing plan and shall be completed prior to December 31, 1999. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to approve Ordinance 53, 1997, as amended and to place the ordinance on second and final reading by title only. Councilman rablin seconded the motion, which unanimously carried. The City Clerk read Ordinance 53, 1997, on second and final reading, by title only. CITY COUNCIL REGULAR MEETING, 12/4/97 9 Ordinance 54, 1997 Mayor Russo declared the public hearing open, which was duly advertised 11/19/97 and held on the intent of Ordinance 54, 1997, providing 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 Five and Six. Roxanne Manning, Growth Management Director, reviewed the applicaion with City Council. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to place Ordinance 54, 1997, on second and final reading, by title only and for approval. Councilman Jablin seconded the motion, which unanimously carried. The City Clerk read Ordinance 54, 1997, on second and final reading, by title only. 01140TWWW "I Resolution 103, 1997 Councilwoman Monroe made a motion to approve Resolution 103, 1997, approval of an Interlocal Agreement between the City of Palm Beach Gardens and Palm Beach County for the acquisition of the Frenchman's Forest Site and its Management as a Natural Area. Councilman Jablin seconded the motion, which unanimously carried. CITY COUNCIL REGULAR MEETING, 12/4/97 10 Resolution 124, 1 997 Councilman Jablin made a motion to amend Resolution 124, 1997, to amend the title to reflect the appointment 4 regular members and 4 alternate members and noto to appoint a student member; amend Section 5 to insert 4 names instead of 3 and to delete Section 4, renumbering the remaining sections. Counilwoman Monroe seconded the motion, which unanimously carried. Councilman Jablin made a motion to approve Resolution 124, 1997, inserting the name Alan Sara in Section 1; Leslie Miller in Section 2; Karen Robinson and Eileen Gerber in Section 3; and in Section 4, inserting the names Bernard Levine, Tesula Stewart, Brenda Martin and Nona Helsel. Councilman Clark seconded the motion, which unanimously carried. Resolution 139, 1997 Councilman Clark asked to defer the appointment of an alternate member to the Planning and Zoning Commission. Councilman Clark made a motion to approve the appointment of Joel Channing as a regular member of the Planning and Zoning Commission. Councilwoman Monroe seconded the motion, which unanimously carried. C9][1071a/_ \ON ["-3 Ordinance 24, 1997 Marty Minor, Principal Planner, addressed the Council, pointing out that the City Council discussed Ordinance 24, 1997, at first reading on October 16, 1997. Since that meeting, staff met with CITY COUNCIL REGULAR MEETING, 1214197 11 the service providers and discussed outstanding issues. Mr. Minor reviewed outstanding issues and the amendments to the ordinance. Susan Detegal Susan Detegal, representing PrimeCo, stated that staff was cooperative, however, they still had some concerns with the proposed ordinance. Ms. Detegal urged the City Council to move forward quickly with the adoption of Ordinance 24, 1997. Ms. Detegal expressed her concerns with the proposed ordinance, including issues such as the state of the art technology, setbacks requirements and the security fund. Jon Shamres Jon Shamres, 2455 E. Sunrise Boulevard, Ft. Lauderdale, representing Omnipoint expressed his concerns with sections of the proposed ordinance, specifically the state of the art technology and the security fund. Steven Ellison Steven Ellison, representing Omnipoint, stated that the timing for the adoption of the ordinance was significant in that it could cost the company a lot of money if the ordinance was delayed any longer. Mr. Ellison stated the company needed to have the ordinance passed within the next 30 days. If not, the company strongly intended, and more than likely would, file litigation. City Attorney David Acton asked Mr. Ellison if the Council were to adopt the ordinance with a few changes within the next 30 days would Mr. Ellison assure the City that there would be no lawsuit. CITY COUNCIL, REGULAR MEETING, 1214197 12 Mr. Ellison stated that he was not in a position to answer Mr. Acton's question. Ila Feld Attorney Ila Feld, the City's communication consultant, stated that the City has not had unusual delays regarding Ordinance 24, 1997, and the time it has taken to approach adoption of the ordinance has been due to the City's willingness to work with the industry representatives and to make them active participants. Attorney Feld briefly reviewed the Telecommunications Act. Attorney Feld reviewed Senate Bill 1350 and stated that the bill shifted the burden to the providers and prohibited the FCC from preempting local zoning regulations. Attorney Feld reviewed aspects of the ordinance, including public safety, allowing providers to get their services up and running, mitigation of the negative impact of towers and compliance with the law. Attorney Feld explained the need for the state of the art provision, pointing out that technology was moving so quickly there needed to be provisions to protect the City. Attorney Feld explained the need for the setback requirements as well as the need for the security fund. In response to Mayor Russo, Attorney Feld stated that to the best of her knowledge, based on the limited number of cases, this ordinance was in compliance with the Federal Telecommunications Act; however, pointed out that these are new ordinances and are CITY COUNCIL REGULAR MEETING, 1214197 13 subject to challenge. Councilman Clark asked that staff review the definition for "state of the art" and see if there was better language for an easier understanding. Councilwoman Monroe, referencing Page 8 that referenced inventory of existing sites, questioned if the requirement was an overburden to the Growth Management Department. Councilwoman Monroe also asked to have included a definition of how high a story would be, feeling that perhaps the ordinance should refer to feet instead of stories. The Council directed staff to advertise Ordinance 24, 1997, for second reading and consideration of adoption. Ordinance 42, 1997 Roxanne Manning, Growth Management Director, addressed the City Council regarding Ordinance 42, 1997, providing for the amendment of Division 3 of the Code of Ordinances entitled "Parking and Storage of Commercial Vehicles, Boats, Buses, Trailers and Trucks; providing for amendment to the Title; Definitions; Restrictions and Exceptions; and providing for a waiver provision. Ms. Manning offered one amendment to Ordinance 42, 1997, in Section 118 -509 to add paragraph (g) to allow for a restricted vehicle that was parked in a residential garage. CITY COUNCIL REGULAR MEETING, 1214197 14 Councilwoman Monroe stated that beginning on page 5 it discussed the maintaining of planting material at least 6 feet high above finished grade at 24 months maturity and shall be at least 3 feet high at planting. Councilwoman Monroe felt a resident may be in noncompliance if they planted a 4 foot hedge and pointed out that the intent was that installation had to be at a minimum height of 3 feet with the ability to grow. Staff was asked to review this requirement. Councilwoman Monroe stated she would like language added that would allow a combination of either a masonry wall, fence or dense hedge. Councilwoman Monroe questioned the date to register on page 8, stating that the deadline should be changed to March 15 and encouraged staff to give the next decal free to those residents who already purchased their decals for this year. Councilwoman Monroe stated that also on page 8, the ordinance stated that generally rvs and watercraft could be parked and/or stored in the front yard of a lot in a residential district, only if such ry or such watercraft was unable to comply with the parking and storage requirement of Section 118 -510. Councilwoman Monroe stated this requirement was not part of the original ordinance and was never the intent of the RV/Boat Task Force. Mayor Russo stated he did not want the requirement if it was not discussed by the Task Force and was not part of the CITY COUNCIL REGULAR MEETING, 1214197 original ordinance. Councilman Clark felt that the language needed to be reworded. It was the consensus of the Council to have staff review the original ordinance to ensure that major changes to the recommendations of the Task Force had not been made to the ordinance, and that the intent remained the same. Terry McMullen Terry McMullen, 10207 Dogwood Avenue, addressed the City is Council regarding his concerns with the ordinance and the fact that he purchased his boat 3 months after the deadline in the ordinance that would allow him to park his boat in his front yard. It was determined that Mr. McMullen met the requirements to park his boat on the side of his house and was directed to meet with the Building Official for further clarification. Mrs. McMullen addressed the City Council and presented pictures of her property showing why they were opposed to certain restrictions in the ordinance. Jan Moeller Jan Mueller, 9004 Gardens Glen Circle, addressed the City Council to express her support of Ordinance 42, 1997, and encouraged the City Council to adopt the ordinance as soon as possible. J. Ross Wilcox J. Ross Wilcox, 9008 Gardens Glen Circle, addressed the City Council to express his support of Ordinance 42, 1997. Staff was directed to incorporate the thoughts of the City Council and to advertise Ordinance 42, 1997, for second reading and CITY COUNCIL REGULAR MEETING, 1214197 16 consideration of adoption. It was the consensus of the City Council to have Ordinance 42, 1997, advertised for second reading and adoption at the first meeting in January, 1998. There was also a consensus of the City Council to consider a resolution at the 12/18/97 meeting to hold the January, 1998, Regular Council Meetings on January 8 and January 22, 1998. Ordinance 48, 1997 Mayor Russo stated that Ordinance 48, 1997, would annex into the City certain areas of land known as Soverel North. Councilman Jablin made a motion to hear Ordinance 49, 1997, prior to Ordinance 48, 1997. The motion was seconded by Councilman Clark and unanimously carried. Ordinance 49, 1997 Ordinance 49, 1997, amending the Comprehensive Land Use Plan for Soverel North annexation was discussed by the City Council. City Attorney Acton advised that because of the current state of the law in the State of Florida, it was impossible for this City Council to make any requirement that would be in the nature of a school based concurrency or school based limitation which would impose a condition upon a project such as this. Kim Glas, Principal Planner, detailed the applications and stated that the petitioner stated that if it appeared the Council would not favorably view the land use plan amendment, he would CITY COUNCIL REGULAR MEETING, 1214197 volunteerily withdraw the application for annexation. Ms. Glas stated the petitioner was seeking a land use amendment to designate 7.26 acres of land RH. The 7.26 acres included 4.3 unincorporated acres, which the applicant was petitioning for annexation. Staff recommended denial of the small scale amendment on the basis that it would require a condition of 17 approval limiting the maximum intensity to 10 du/ac, and because an objection had been filed through the Interlocal Plan Amendment Review Committee (IPARC). Staff recommended approval of the voluntary annexation because it reduced the size of an unincorporated pocket which was designated in the City's future annexation area. Councilwoman Monroe stated that she did not like to see local government give away densities when there was a TDR possibility in the County. Councilwoman Monroe agreed that a density higher than 3 would be appropriate, and felt that 6 would be more reasonable. Councilwoman Monroe stated that the County had a TDR policy and felt that the petitioner could keep the land in the County, buy TDRs from another land owner and put the units on this parcel that he was looking for. Councilman Clark felt that the proposed project was a good transition from the commercial sector to the lower residential and CITY COUNCIL REGULAR MEETING, 12/4/97 18 thought a townhouse community on the water made sense. Councilman Jablin stated that he agreed with Councilman Clark. Hank Skokowski, agent for the petitioner, addressed the City Council and stated that he met with the residents surrounding property, however, felt there was a lot of miscommunication. Mr. Skokowski reviewed the petition and the process that the project had been through since 1995. Max Bricker, owner of the property, addressed the City Council outlining the application and the proposed project. Mr. Skokowski pointed out that the proposed project would have to come through the City for an approval process. Mr. Skokowski asked that this meeting be considered a workshop and allow Council to receive further information from staff. At the same time, Mr. Skokowski stated that he will again attempt to meet with residents surrounding this property to determine if there was a way to modify the petition to gain staff support. Mayor Russo read a letter into the record from Katherine Keadings, 2381 Idlewild Road, expressing her concerns with the development of the project because of drainage problems. Keith Parks Keith Parks, resident of Idlewild Road, addressed the City Council expressing his opposition to the proposed project. Mayor Russo felt that the proposed project was too intense for the CITY COUNCIL REGULAR MEETING, 1214197 19 site, however, felt that the proposed residential community would be better for the surrounding area as opposed to a restaurant or commercial site. Councilman Clark stated that a higher density residential development on this site would accomplish some of the City's comprehensive plan goals to integrate developments into a village atmosphere where residents could walk to places, but would like to see a project that circumvented the Idlewild Road ingress /egress. Councilman Jablin agreed with Councilman Clark. Councilwoman Monroe stated that she would insist that the number of units per acre come closer to the City's RM designation or the project would not receive her vote. Mr. Skokowski asked for more time to modify plans and work with staff. Mayor Russo asked that the petitioner and the residents work together to come up with a plan that all sides could live with. Ordinance 55, 1997 Roxanne Manning, Growth Management Director, addressed the City Council regarding Ordinance 55, 1997, amending the Palm Beach Gardens Code of Ordinances by amending Sections 10 -51, 10 -52, 10 -53, 10 -101, 78 -2, 118 -302; providing for a repeal of all ordinanes or parts thereof in conflict; providing for severability; providing for codification; and, providing for an effective date. Ms. Manning stated that the ordinance would provide for CITY COUNCIL REGULAR MEETING, 1214197 20 regulation of adult uses. Councilman Clark made a motion, seconded by Councilman Jablin, to place Ordinance 55, 1997, on first reading, by title only. The motion unanimously carried. The City Clerk read Ordinance 55, 1997, on first reading, by title only. ITEMS FOR COUNCIL ACTION Life Pk H Monitor Councilman Clark made a motion, seconded by Councilman Jablin, to approve the purchase of Life Pak H Monitor Defribrillator EKG Unit for the Fire/EMS Division in the amount of $14,523.52. The motion unanimously carried. CITY ATTORNEY REPORT City Attorney David Acton stated that Attorney Hyland was working on the ADG Contract and AIA Contract and they would be presented to the City Council in the near future. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 11:14 p.m. CITY COUNCIL REGULAR MEETING, 1214197 21 APPROVAL M SEPH R.RUSSO VICE MAYOR LAt EN FURYADO COUNCILWOMAN LINDA MONROE COUNCILMAN ERIC JABLIN 66UNCILMAN DAVID CLARK ATTEST: C L A V. KOSIER, CMC, CITY CLERK