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HomeMy WebLinkAboutMinutes Council 110697CITY COUNCIL CITY OF PALM BEACH GARDENS REGULAR MEETING NOVEMBER 6, 1997 The November 6, 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 roll was called by the City Clerk 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 arrived at 7.40 P M. ANNOUNCEMENTS Mayor Russo stated that the announcements were as listed on the agenda and posted on the City's bulletin boards. PRESENTATIONS Mayor Russo made a presentation to the team members of the Palm Beach Gardens Youth Athletic Association Girls Softball Lady Gators, 10 and Under Division, for placing second in the National Championship. CITY MANAGER REPORT City Manager Herakovich reported that the Florida League of Cities Conference would be 11120 -21197 and asked members of the City Council contact her office if they were interested in attending. CITY COUNCIL REGULAR MEETING, 11/6/97 AWARDING OF BIDS 1) She further reported that Arbor Day would be 11/21/97, with a tree planting at 10:00 a.m.; Presidents Inauguration on 1/13/98 at the Community College and the Holiday Boat Parade on 12/6/97. Hydraulic Excavator Councilman Clark made a motion to award the bid for a Hydraulic Excavator to Falcon Power. The motion was seconded by Vice Mayor Furtado and unanimously carried. Radar Trailer Councilman Jablin made a motion to award the bid for an Unmanned Speed Monitoring Radar Trailer to Laser Technology, Inc. The motion was seconded by Vice Mayor Furtado and unanimously carried. CONSENT AGENDA At the request of Councilwoman Monroe, Resolution 133, 1997, was pulled from the Consent Agenda and it was agreed that the Council would discuss this item during consideration of Resolutions on the agenda. Councilman Clark made a motion to approve Items 1, 2 and 3 of the Consent Agenda, seconded by Councilman Jablin and unanimously carried. The following items were approved on the Consent Agenda: I. 10/9/97 City Council Meeting Minutes. 2. Resolution 127, 1997 - Amendments to Hartford Deferred Compensation Plan. 3. Resolution 132, 1997 - Granting an Easement to Seacoast Utilities. CITY COUNCIL REGULAR MEETING, 1116197 3 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 ". There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to postpone the Public Hearing for Ordinance 17, 1997, to the November 20, 1997, Regular City Council Meeting to allow legal staff to amend the Ordinance as directed at the last City Council meeting. The motion was seconded by Councilman Jablin and unanimously carried. Ordinance 20, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised 6/4/97 and postponed from the Regular Meetings of 6119197, 712197, 9/8/97 and 10/30/97. Roxanne Manning, Growth Management Director, reviewed the present submittal and history of the process the petition had been through with the City. Attorney Ciklin, representing the petitioner, reviewed amendments to the proposed project and discussed the different types of roofs. Attorney Gary Fields, representing the Community Coalition, CITY COUNCIL REGULAR MEETING, 1116197 outlined objections and asked that the Council consider requiring the petitioner to reduce the 1750 proposed seats to 1400. Roxanne Manning reviewed the calculations and reasoning taken into consideration for the amount of seats that were allowed in the sanctuary and explained that the 15 square feet per person per seat 2 would be required. Mrs. Manning hither stated that the review by staff of this project used the same calculations as any other application received by the City. Joan Altwater of Cypress Hollow addressed the City Council stating that she was not opposed to a neighborhood church, however, was opposed to the size of the proposed church as well as the metal roof. Ronnye Sands of Horseshoe Acres stated that she was concerned with possible traffic problems that would be caused by the project. Robert Harter, 8082 Nashua Drive, President of the Horseshoe Acres Homeowners Association, stated that he was opposed to the project because of traffic problems and did not feel that the parking proposed by the church would be sufficient. Siro DeGasperis of PGA National, President of C.A.N., stated that he was concerned with the traffic on Northlake Boulevard, the location of the dumpster on Gibson Road, and the height of light poles. CITY COUNCIL REGULAR MEETING, 11/6/97 In response to concerns of the City Council, the petitioner agreed to a berm along the west property line, a wall along the northern perimeter of the project, a wall around the playground area and lowering of the light poles. The petitioner also agreed to plant trees at a minimum of 16 feet in height. There being no further comments from the public, Mayor Russo declared the Public Hearing closed. Mayor Russo stated that final consideration of Ordinance 20, 1997, would have to occur at the 5 November 20, 1997, Regular Meeting of the City Council to allow staff to include agreed amendments in the ordinance, however, asked that the Council indicate their inclination regarding their vote. Vice Mayor hurtado, Councilwoman Monroe, Councilman Clark and Mayor Russo stated that pending incorporation of amendments into the ordinance, they would be in favor of Ordinance 20, 1997. Councilman Jablin stated that he would vote against Ordinance 20, 1997, because of his concerns with the size of the proposed church and possible traffic problems on Northlake Boulevard. Councilman Clark made a motion, seconded by Councilwoman Monroe, to postpone the Public Hearing for Ordinance 20, 1997, to the November 20, 1997, City Council Regular Meeting at approximately 7:30 P.M. The motion was unanimously carried. CITY COUNCIL REGULAR MEETING, 11/6/97 Ordinance 51, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised 10/22/97, and held on the intent of Ordinance 51, 1997, providing for approval of the petition of Gardens Presbyterian Church for 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. Councilman Clark made a motion, seconded by Councilman Jablin, to postpone the Public Hearing for Ordinance 51, 1997, to the 12/4/97 Regular Meeting of the City Council at approximately 7:30 P.M. The motion was unanimosly carried. 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 Ballenlsles Planned Community District to allow for the elimination of Buffer Section "B2" and 0 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, reviewed the petition with the City Council, stating that staff recommended approval of Ordinance 52, 1997, with conditions. Hank Skokowski of Urban Design Studio, representing the petitioner, stated that there were only 2 issues remaining from the CITY COUNCIL REGULAR MEETING, 11/6/97 7 previous meeting with the City Council. These two issues were: Cypress Hollow Buffer and Maintenance of the Northlake Boulevard Median. Vice Mayor Furtado felt that australian pines located within 50 feet of homes in Cypress Hollow should be removed. Mr. Skokowski stated that he would retain the services of arborers /specialists to provide maintenance for safety purposes. Louis Munez, President of Cypress Hollow HOA stated that several trees have fallen during the last year, resulting in thousands of dollars of damage. Mr. Munez stated that the HOA cannot legally apply funds to remove trees from another property in another community. There being no further comments from the public, Mayor Russo declared the Public Hearing closed. Council directed that Ordinance 52, 1997, be amended to modify Section 4, Condition 1, to remove "in perpetuity ". Councilman Clark made a motion, seconded by Councilman Jablin, to postpone consideration of Ordinance 52, 1997, until the Regular City Council Meeting of 11/20/97 at approximately 7:30 P.M. The motion was unanimously carried. RESOLUTIONS: Resoltuion 108, 1997 Mayor Russo announced that Resolution 108, 1997, consideration CITY COUNCIL REGULAR MEETING, 1116197 8 of approval of Ballenlsles Parcel 28 Administrative Offices had been removed from the agenda and would not be discussed at this time. Resolution 114, 1997 Vice Mayor Furtado made a motion to approve Resolution 114, 1997, reappointment of the law firm of Watterson, Hyland & Klett, P.A., as City Attorney. The motion was seconded by Councilman Clark and unanimously carried. Resolution 121, 1997 Councilman Clark made a motion to reappoint Jeffrey Renault, Betty Marks, Sheryl Snyder, and Sally Wilks as regular members of the Beautification and Environmental Committe and to appoint Connie Premuroso as a regular member. The motion was seconded by Councilwoman Monroe and unanimously carried. Resolution 122, 1997 Vice Mayor Furtado made a motion to appoint Cynthia Grey and Diane Honig as members of the Art Advisory Committee. The motion was seconded by Councilman Jablin and unanimously carried. Resolution 123, 1997 Per a consensus of the City Council, Resolution 123, 1997, appointment of 2 members to the Code Enforcement Board, would be considered at the 11/20/97 City Council meeting. Resolution 133, 1997 Councilman Clark made a motion, seconded by Councilman Jablin to approve Resolution 133, 1997, approval to support the Palm Beach County Municipal League recommendations re: ERM CITY COUNCIL REGULAR MEETING, 11/6/97 9 Wetlands Amendments. The motion carried by a vote of 4 ayes and 1 nay, with the nay vote being cast by Councilwoman Monroe. ITEMS BY MAYOR AND CITY COUNCIL Councilwoman Monroe Councilwoman Monroe reported on violations recently considered by the Code Enforcement Board that dealt with cats and expressed her frustration that it appeared that there were more laws to protect the welfare of animals than to protect people. Councilwoman Monroe asked legal staff to review what could be done to approach the legislature to change laws for the overprotection of animals vs. Humans. Councilwoman Monroe felt it would be appropriate for the City to require someone coming before the Council speaking on behalf of a neighborhood association or a group to show some proof of their position or a vote taken by that group. Roxanne Manning stated that the County had such a requirement and she would obtain language for consideration of adoption by the City Council. Councilman Clark Councilman Clark stated he attended a quarterly meeting of the IGCP and stated issues such as telecommunications, hazardous materials and school siting requirements were discussed. Councilman Jablin Councilman Jablin welcomed Roxanne Manning, Growth Management Director, to the City and thanked her for her reporting CITY COUNCIL REGULAR MEETING, 11/6/97 10 skills that were evidenced at this meeting. Mayor Russo Mayor Russo expressed his concern with a recent editorial in the Palm Beach Post regarding a fire marshall and the fire chief and encouraged all members of the Council to support the City Manager. Mayor Russo stated that the City Manager was doing the job she was hired to do and stated that until the final report was issued there was nothing the City Council could do regarding changes in policy. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 1 M. APPROVAL 'e-, MA J(�SEA R.RUSSO VICE MAYOR LAUREN FURTADO COUNCILWOMAN LINDA MONROE 6-OFiNCILMAN ERIC/JABLIN COUNCILMAN DAVID CLARK ATTEST: CITY COUNCIL REGULAR MEETING, 1116197 LINDA V. KOSIER, CMC, CITY CLERK II