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HomeMy WebLinkAboutMinutes Council 090497CITY COUNCIL REGULAR MEETING SEPTEMBER 4, 1997 The September 4, 1997, Regular Meeting of the City Council of the City of Palm Beach Gardens 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, Vice Mayor Lauren Furtado, Councilman Eric Jablin and Councilman David Clark. Councilwoman Linda Monroe was not in attendance as she was out of town. Councilman Clark made a motion to reorder the agenda to hold the Public Hearing for Ordinance 44, 1997, 1997/1998 Fiscal Year Budget, after Presentations. The motion was seconded by Vice Mayor Furtado and unanimously carried. PRESENTATIONS: Team Awards City Manager Bobbie Herakovich and Mayor Joseph Russo presented Team Awards to Vivian Coppock of the Finance Department, Christy Murphy of the Parks and Recreation Department, Melissa Prindiville of the Growth Management Department and Maggie Wederath of the Human Resources CITY COUNCIL REGULAR MEETING, 9/4/97 PUBLIC HEARINGS: 2 Department for going beyond their normal duties to provide service to the residents and fellow employees. Ordinance 44, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised via the Property Appraiser's mailing of the Proposed Property Tax Bills, and held on the intent of Ordinance 44, 1997, affixing a total valuation of the real and personal property located within the corporate limits of the City of Palm Beach Gardens, Florida, for the year ending 12/31/97; establishing a tax rate thereon for said year; levying a tax on said real and personal property for said year; adopting a fiscal budget for the fiscal year beginning 12/1/97 and ending 9/30/98, inclusive; appropriating funds for expenditures in accordance with said budget. Finance Director Kent Olson detailed the millage and voted debt service, pointing out that the proposed millage represented 0% over last year's rolled back rate. John Parsons, 10108 Seagrape Way, asked that the Council review the budget to ensure that all possible cuts had been made. Mr. Parsons expressed his concerns that while the City has not raised taxes, the expenses were higher, and when added to the additional expenses unposed by the County and special districts, residents were concerned. CITY COUNCIL REGULAR MEETING, 9/4/97 The Council assured Mr. Parsons that a thorough review of the budget had been done and invited him to watch the review process during the following budget year. Councilman Clark made a motion to tentatively adopt the budget, and to place Ordinance 44, 1997, on first reading, by title only. The motion was seconded by Vice Mayor Furtado and unanimously carried. ITEMS BY MAYOR AND COUNCIL 3 Vice Mayor Furtado Vice Mayor Furtado reported on the Drug Free Park Zones, stating that the parks now have the same protection as the schools do with the Drug Free School Zones. COMMENTS FROM THE PUBLIC Sam Carsillo Sam Carsillo, resident, addressed the City Council expressing his concerns regarding the noise created by I -95, train whistles, speeding on Military Trail and the need to move mailboxes from the curbs to residents' doors. CONSENT AGENDA Vice Mayor Furtado made a motion., seconded by Councilman Clark, to approve the Consent Agenda. The motion was unanimously carried. The following was approved on the Consent Agenda: 1. Resolution 91, 997, approval to abandon a utility easement in CITY COUNCIL REGULAR MEETING, 914197 Ballenlsles Country Club Parcel 16b. PUBLIC HEARINGS: Resolution 88, 1997 Mayor Russo announced that this item should not be listed under Public Hearings as he officially closed the Public Hearing at the August 21, 1997, Regular Meeting and asked that Resolution 88, 1997, be placed on the Consent Agenda. Councilman Clark made 4 a motion, seconded by Vice Mayor Furtado, to approve Resolution 88, 1997, as amended with the addition of a condition to require the fruit and vegetable stand to be painted with Macadamia 3A10 -3 and the trim to be painted a semigloss white. The motion was unanimously carried. Resolution 92, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised 8120197. At the request of the petitioner, Councilman Clark made a motion to postpone the public hearing for Resolution 92, 1997, extension of time for completion of the Shoppes on the Green PUD, to September 18, 1997, at 7:30 P.M. The motion was seconded by Councilman Jablin and unanimously carried. Resolution 93, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised 8/20/97 and held on the intent of Resolution 93, 1997, consideration of approval for a variance from the Sign requirements of the Code of Ordinances for Peter Pan preschool expansion. The City Council heard a presentation for a request for CITY COUNCIL REGULAR MEETING, 9/4/97 a variance from the requirements of the Land Development Regulations, Section 110 -36 ( c) pertaining to the setback requirements of a proposed ground sign at Peter Pan Preschool located on Ruby Street, north of Holly Drive and west of Ironwood Road. Councilman Clark made a motion, seconded by Vice Mayor Furtado to deny approval of Resolution 93, 1997, because no hardship had been proven. Councilman Clark made a motion to reconsider Resolution 93, 1997, as Mayor Russo needed to officially close the public hearing. The motion was seconded by Councilman Jablin and unanimously carried. There being no comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark made a motion, seconded by Vice Mayor Furtado, to deny approval of Resolution 93, 1997, because no hardship had been proven. The motion unanimously carried. Ordinance 37, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised on 8/20197, and held on the intent of Ordinance 37, 1997, approving in part an amendment to "The Bridge Center" PUD to allow for elevation, landscaping and building footprint modifications in order to construct a 18,170 square foot restaurant CITY COUNCIL REGULAR MEETING, 914197 at the restaurant on the northwest corner of Ellison Wilson Road and PGA Boulevard. Kim Glas, Principal Planner, reviewed the amendments to the PUD, as previously presented to the City Council. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to adopt Amendment No. 1 to Ordinance 37, 1997. The motion was seconded by Councilman Jablin and unanimously carried. Councilman Clark made a motion to adopt Ordinance 37, 1997, 71 and place it on second and final reading, by title only. The motion was seconded by Councilman Jablin and unanimously carried. The City Clerk read Ordinance 37, 1997, on second and final reading by title only. RESOLUTIONS: Resolution 84, 1997 Resolution 84, 1997, was amended to remove Condition #2 and the trailers were to be painted with colors originally approved. Vice Mayor Furtado made a motion to approve Resolution 84, 1997, approval of Ballen1sIes Parcel 28 Temporary Trailers, as amended. The motion was seconded by Councilman Clark and unanimously carried. Resolution 79, 1997 Councilman Jablin made a motion to approve Resolution 79, 1997, CITY COUNCIL REGULAR MEETING, 914197 7 inserting the names of Scott Blake, Stasia Datchko and Wayne Anderson in Section 1, and the names Dr. Caroline Amazon, Lazarus C. Weiner, Deborah A. Martel and Abraham Toubail in Section 3 and the name of Dr. Alan Sara in Section 4. The motion was seconded by Councilman Clark and unanimously carried. Resolution 94, 1997 Councilman Clark made a motion to approve Resolution 94, 1997, approval to appoint a Council member to the Northlake Boulevard Corridor Task Force by inserting the names Linda Monroe and Marty Minor in Section 1 and the names of Lauren Furtado and Greg Dunham in Section 2. The motion was seconded by Vice Mayor Furtado and unanimously carried. Resolution 95, 1997 Councilman Clark made a motion to approve Resolution 95, 1997, as amended, providing for receipt and approval of Supplement No. 2 to the Code of Ordinances, except for Chapter 14. Vice Mayor Furtado seconded motion, which unanimously carried. Resolution 96, 1997 Vice Mayor Furtado made a motion to approve Resolution 96, 1997, providing for the appointment of 2 regular members and 2 alternate members to the Recreation Advisory Board, inserting the names of Charles Torrey and Jim Maynor as regular members and Chris Holmes and Bette Bates as alternate members. The motion was seconded by Councilman Clark and unanimously carried. Resolution 97, 1997 City Manager Herakovich asked that Resolution 97, 1997, be CITY COUNCIL REGULAR MEETING, 9/4/97 8 placed on a future agenda as the City had not received enough applications for consideration of appointment to the Neighborhood Initiative Task Force. There was a consensus of the City Council to place Resolution 97, 1997, on the September 18, 1997, agenda. ORDINANCES: Ordinance 42, 1997 George Richetelli, member of the RV/Boat Task Force stated that a review of the code was done by the task force. The Task Force recommended that renters also be considered. Mayor Russo asked if renters that parked a boat or RV would have enough space and asked that aspect to be reviewed. It was felt that there needed to be an application by the landlord for the permit and the application should state that there was sufficient parking not only for authorized vehicles, but boats and rvs as well. Mayor Russo stated there was still an issue of having to prove ownership in order to comply with this ordinance. Terry McMullin Terry McMullin, resident, stated that he was against the ordinance, feeling that it discriminated against the older sections of the City. Linda Hughey Linda Hughey, member of the Task Force, addressed the Council stating that the review did not include the issue of trucks and commercial vehicles and questioned several of the definitions in Ordinance 42, 1997. City Manager Herakovich asked that staff receive a written copy of Linda Hughey's concerns for review. CITY COUNCIL REGULAR MEETING, 914197 Vice Mayor Furtado stated that she would like advertisements on vehicles included in the definition of commercial vehicles. City Attorney Carole Wallace stated the Council needed to decide if it was the intent to regulate the use of the vehicle or the appearance of the vehicle. Mayor Russo stated that Ordinance 42, 1997, would need to be scheduled for a workshop before consideration of second reading. Councilman Clark made a motion, seconded by Vice Mayor 9 Furtado, to place Ordinance 42, 1997, on first reading, by title only, and for adoption. The motion was unanimously carried. Ordinance 43, 1997 Councilman Clark made a motion to place Ordinance 43, 1997, on first reading, by title only. The motion was seconded by Councilman Jablin and unanimously carried. The City Clerk read, on first reading, by title only, Ordinance 43, 1997, providing for an amendment to Article II of the City Code of Ordinances, specifically Section 86 -26 entitled "Building Code Adopted; Permit Fees" and Section 86 -27 entitled "Trade Codes Adopted ". Ordinance 47, 1997 Councilman Clark made a motion to place Ordinance 47, 1997, on first reading, by title only. The motion was seconded by Councilman Jablin and unanimously carried. The City Clerk read, on first reading, by title only, Ordinance 47, 1997, providing for amendments to Ordinance 17, 1996, the budget ordinance of the CITY COUNCIL REGULAR MEETING, 9/4/97 10 City for the fiscal year beginning 10/1/96 and ending 91309197, inclusive, to increase or decrease amounts budgeted for bond proceeds, professional services and printing & binding. ITEMS BY MAYOR AND COUNCIL Mayor Russo Mayor Russo asked that the City Attorney provide procedures for the Public Hearing to be conducted at Dwyer High School on September S, 1997, concerning Palm Beach Gardens Christ Fellowship Church. Mayor Russo reported that Jack Horniman of the Municipal League has resigned. CITY MANAGER REPORT City Manager Herakovich stated that the October 2, 1997, meeting of the City Council fell on a Jewish Holiday. It was the consensus of the City Council to move the October 2, 1997, meeting to October 9, 1997 City Manager Herakovich reported that the Northlake Boulevard Task Force would meet on 9/10/97 and a City Council representative would be needed for that meeting. The City of Riviera Beach asked that the City schedule a joint meeting with them in the next several months. Councilwoman Monroe asked for 3 open dates prior to December. City Council members will give the City Manager their schedules so a date CITY COUNCIL REGULAR MEETING, 914197 could be chosen for this meeting. City Manager Herakovich reminded the Council that the meeting regarding the High Speed Rail would be on 10/1/97 at 10:00 a.m. at the Burns Road Community Center. ADJOURNMENT There being no further business to discuss, the meeting was adjourned AT 9:,2- APPROVAL f�X'OR JOSEFiH R.RUSSO 1 , VICE MAYOR LAUREN FURTADO COUNCIL- WI)MAAN LINDA MONROE COt*CI1 MAIN E4 JABLIN ,.r COUNCILMAN DAVID CLARK ATTEST: L,E&6A `V. KOSIER, CNiC, CITY CLERK 11