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.
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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
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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.
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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
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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