HomeMy WebLinkAboutMinutes Council 021199CITY OF PALM BEACH GARDENS
CITY COUNCIL
SPECIAL REGULAR MEETING
FEBRUARY 11, 1999
The February 11, 1999, Special 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, Vice
Mayor Lauren Furtado, Councilman Eric Jablin, Councilman
David Clark and Councilman Carl Sabatello.
ANNOUNCEMENTS Mayor Russo stated the announcements were as posted.
RE -ORDER AGENDA Councilman Clark made a motion to re -order the agenda to hear the
• Consent Agenda next, then all public hearings, then the City
Manager's report and items by Mayor and Council. Vice Mayor
Furtado seconded the motion, which carried by unanimous 5 -0
vote.
CONSENT AGENDA Vice Mayor Furtado moved approval of the Consent Agenda. The
motion was seconded by Councilman Clark and carried by
unanimous 5 -0 vote. The following item was listed on the Consent
Agenda:
1. Approval of Minutes from 1/21/99 Regular Meeting.
Ordinance 7, 1999 Mayor Russo declared the Public Hearing open, duly advertised
1/29/99, and held on the intent of Ordinance 7, 1999 - Providing for
Approval of the Application of Channing Corporation XXX for
Rezoning of 7.3 -Acres of Land Located on the South Side of PGA
Boulevard, immediately east of its Intersection with Avenue of the
PGA to a Planned Unit Development, in Order to Construct 31
Townhomes, 14,212 Square Feet of General Office, 5,267 Square
Feet of Medical Office, 10,667 Square Feet of General Retail, 5,900
Square Feet of Indoor Restaurant and 2,260 Square Feet of Outdoor
• Restaurant Use - for Consideration of Second Reading and
CITY COUNCIL SPECIAL REGULAR MEETING, 2/11/99 2
adoption.
It was clarified that public comments made during presentation of
Ordinance 7, 1999 would also apply to Ordinance 8, 1999, and
Ordinance 9, 1999. Principal Planner Kim Glas presented the
changes in conditions and in uses which had been made. Staff
recommended an exhibit to Section 4. During discussion of the 20-
year covenant offered by the applicant, City Attorney Post
explained that the applicant would be entering into an independent
agreement with adjacent property owners which could not be
incorporated into the Development Order, but which could be a
condition of approval if the applicant agreed. Steve Mathison,
Attorney for the applicant, spoke on behalf of the applicant,
indicated that the applicant agreed to the covenant being included
as a condition of approval, and commented on the unprecedented
hours of public participation with the neighbors. Henry Skokowski
addressed the fitness facility and requested that a 3,500 square foot
facility be approved for parcel 1 and parcel 2. Discussion ensued.
Mayor Russo entered into the record a petition opposing the change
in zoning.
• Leonard Copeland, Avenue of the PGA, expressed concern
regarding traffic which would be increased on Avenue of the PGA.
A resident of 5350 Woodland Lakes, was not in favor of the project
because of restaurants and because residents had been promised the
area would remain residential
Jack Levine, 5350 Woodland Lakes, expressed concern regarding
traffic.
Florence Mars, President of Longwood Condo, stated they
remained unchanged in their position and were working with the
developers.
John Reynolds, 4445 Hickory Drive, reported their community had
worked with the developer, who had addressed their concerns.
A resident of Tamberlane, expressed concern regarding traffic and
that stores would infringe on the residential area.
A resident of Woodland Lakes, expressed concern that empty
• buildings could make this entrance to the City ugly and that the
CITY COUNCIL SPECIAL REGULAR MEETING, 2/11/99 3
reputation of the City would be damaged.
Brice Sullivan, 11800 Tamberwell, expressed traffic concerns and
gave an example of a broken covenant.
Jay Adolph, 10690 Avenue of the PGA, indicated he was
comfortable with traffic because he believed the extra exit would
alleviate much of the traffic on Avenue of the PGA.
A resident of 5188 Woodland Lakes, expressed concern with the
fitness center use because of many others closing.
Attorney Mathison expressed his opinion that there was a much
greater number of people in favor of the project than opposed and
addressed some of the comments made.
Hearing no further comments from the public, Mayor Russo
declared the Public Hearing closed. Mayor Russo expressed his
own original concerns, commended the developer for working with
the residents and for his covenant with the residents, and expressed
• the City Council's opinion that this project would be an asset to the
City. Vice Mayor Furtado stated for the record she had spoken with
Mr. Channing and Mr. Mathison, which would not affect her
decision, and expressed her opinion that this was one of the best
projects she had seen. Councilman Sabatello commented changes
had occurred since the original promise to leave this area zoned
residential and that he did not believe the retail would impact the
area adversely. Councilman Sabatello stated he would vote in favor
of this community because he considered it an asset to the City.
Councilman Jablin commented the City was changing from a small
town to a City and that he believed this project would be an asset to
the City. Councilman Clark agreed with the other members of the
City Council and stated he was excited regarding how residents had
worked with the developer in this project. At the request of
Councilman Sabatello, changes to Avenue of the PGA were
reviewed. It was the consensus of the City Council to provide no
fitness center on parcel 1, a 2,500 square foot fitness facility on
parcel 2, and 3,500 square foot fitness facility on parcel 3.
City Attorney Post stated the amendment to Ordinance 7, 1999,
would be modified by addition of the following condition: Prior to
. issuance of the first building permit for this parcel the applicant
shall duly record in the public record a covenant which has been
CITY COUNCIL SPECIAL REGULAR MEETING, 2/11/99 4
submitted to and approved by the City. Said covenant shall bind
the subject parcel to the specifications of the Development Order
at the time of adoption for a period of twenty years.
Growth Management Director Roxanne Manning read into the
record an amendment to section 3 number 9 on all three ordinances
updating publication requirements for the lighting fixture schedule.
Councilmember Sabatello requested any additional lighting be
approved by the City Council on all petitions from this day forward.
Petitioner proposed lighting changes be made a part of the signage
package which was required to be brought to the City Council. It
was pointed out that condition 17 regarding lighting would need to
be reviewed.
Councilman Clark made a motion to approve Amendment 1 to
Ordinance 7, 1999 with the additional changes to Section 3, the
addition of Item 9 as read into the record by Growth Management
Director Roxanne Manning and addition of condition G as read into
the record by the City Attorney. Motion was seconded by Vice
Mayor Furtado and carried by unanimous 5 -0 vote.
• Councilman Clark made a motion to approve Ordinance 7, 1999
upon second reading by title only. Motion was seconded by Vice
Mayor Furtado and carried by unanimous 5 -0 vote. The City Clerk
read Ordinance 7, 1999 on Second Reading by title only.
Ordinance 8, 1999 Mayor Russo declared the Public Hearing open, duly advertised
1/29/99, and held on the intent of Ordinance 8, 1999 - Providing for
Approval of the Application of Charming Corporation XXX for
Rezoning of 8.997 -Acres of Land Located on the South Side of
PGA Boulevard, immediately west of its Intersection with Hickory
Drive to a Planned Unit Development, in Order to Construct 17
Townhomes, 6,606 Square Feet of General Office, 7,150 Square
Feet of Medical Office, 12,654 Square Feet of General Retail, 3,300
Square Feet of Indoor Restaurant and 1,675 Square Feet of Outdoor
Restaurant Use with 8 Apartments located Above the Commercial
Uses- for consideration of Second Reading and approval. Mayor
Russo requested that all comments made under Ordinance 7, 1999
be transferred to Ordinance 8, 1999. Hearing no comments from
the public, Mayor Russo declared the Public Hearing closed.
The City Attorney read into the record the following change to
Amendment One: One of the permitted uses shall be a fitness studio
CITY COUNCIL SPECIAL REGULAR MEETING, 2/11/99 5
Is not to exceed 2,500 square feet. The City Attorney stated the
condition regarding the covenant as read into the record for
Amendment One to Ordinance 7, 1999 would also be incorporated.
Lighting would be incorporated into the signage package.
Amendment to Section 3, Item 15 lighting fixture schedule was
read into the record by Growth Management Director Roxanne
Manning.
Councilman Clark made a motion to approve Amendment 1 to
Ordinance 8, 1999 with the following changes: In paragraph A, the
permitted uses within the Planned Unit Development where the line
out gymnasium and fitness center had been inserted, reinsert the
words fitness center and add the words not to exceed 2500 square
feet. In addition, add amendment to Section 3, item 15 as read into
the record by Growth Management Director Roxanne Manning and
add the condition on the covenant as previously read into the record
for Ordinance 7, 1999 by the City Attorney. Motion was seconded
by Vice Mayor Furtado and carried by unanimous 5 -0 vote.
Councilman Clark made a motion to approve Ordinance 8, 1999
• upon second reading by title only. Motion was seconded by Vice
Mayor Furtado and carried by unanimous 5 -0 vote. The City Clerk
read Ordinance 8, 1999 on Second Reading by title only.
Ordinance 9, 1999 Mayor Russo declared the Public Hearing open, duly advertised
1/29/99, and held on the intent of Ordinance 9, 1999 - Providing for
Approval of the Application of Channing Corporation XXX for
Rezoning of 12.266 -Acres of Land Located on the South Side of
PGA Boulevard, east of its Intersection with Hickory Drive, in
Order to Construct 21 Townhomes, 22,609 Square Feet of General
Office, 5,420 Square Feet of Medical Office, 32,861 Square Feet of
General Retail, 8,200 Square Feet of Indoor Restaurant and 3,360
Square Feet of Outdoor Restaurant Use with 32 Apartments located
Above the Commercial Uses - for consideration of Second Reading
and approval. Mayor Russo requested that all comments made
under Ordinance 7, 1999 be transferred to Ordinance 9, 1999.
Hearing no comments from the public, Mayor Russo declared the
Public Hearing closed.
Amendment to Section 3, Item 16 lighting fixture schedule was
read into the record by Growth Management Director Roxanne
Manning. Ms. Manning stated an addition to Condition 1 at the end
. of the last sentence: and fitness studio not to exceed 3,500 square
CITY COUNCIL SPECIAL REGULAR MEETING, 2/11/99
A
feet. Also to be added was language pertaining to the covenant
which was previously read into the record by the City Attorney.
Councilman Clark made a motion to approve Amendment 1 to
Ordinance 9, 1999 with the amendments read into the record by
Growth Management Director Roxanne Manning. Motion was
seconded by Councilman Jablin and carried by unanimous 5 -0 vote.
Councilman Clark made a motion to approve Ordinance 9, 1999
upon second reading by title only. Motion was seconded by
Councilman Jablin and carried by unanimous 5 -0 vote. The City
Clerk read Ordinance 9, 1999 on Second Reading by title only.
COMMENTS FROM THE
PUBLIC David Stein, representing a builder, reported he had purchased final
phase of Westwood Lakes on Hood Road and planned 4 buildings
of affordable housing, 3 with 12 units, one with 11 units, and
requested signage for his project for specific hours on weekends.
It was the consensus of the City Council that they did not wish to
make any changes to the existing sign code. Growth Management
Director Manning noted there were other equally effective
advertising methods such as newspapers.
RE -ORDER AGENDA Councilman Clark made a motion to re -order the agenda to next
hold discussion of the Composition of the Education Advisory
Committee. Councilman Jablin seconded the motion, which carried
by unanimous 5 -0 vote.
ITEMS FOR DISCUSSION
Composition of Education
Advisory Committee
CITY MANAGER
REPORT
City Manager Herakovich reported it had been a staff
recommendation to limit all advisory boards to 9 members;
however, the Education Advisory Board wished to have more
members. Councilman Jablin suggested 11 members and 4
alternates plus a student, to solve the problem of getting a quorum
and provide enough people to attend SAC meetings.
City Manager Herakovich reported the city had been ranked
CITY COUNCIL SPECIAL REGULAR MEETING, 2/11/99 7
number 17 out of 33 in projects for legislative appropriation for the
District Park and requested that the City Council members call
Representative Marchant and Doc Myers before February 15 for
their support and sponsorship. The City Manager reported the EMS
department had passed a surprise State of Florida inspection. City
Manager Herakovich reported Gardens East homeowners had
provided a guard shack after 5 p.m. for the police to make calls.
The City Manager reported that a containment assessment plan had
been submitted to DEP for the Klock property. City Manager
Herakovich reported that as a result of a session presented by WIC
Communities and hosted by the City, staff would be developing a
schedule of expectations for petitions. The City Manager reported
negotiations with several independent consultants for contractual
relationships for Growth Management, in both Code Enforcement
and Site Plan Review. Principal Planner positions had been
advertised. City Manager Herakovich reported how other
departments were planning to better handle their site plan review
responsibilities and how dollars could be shifted within the budget
to possibly accommodate additional personnel. Mayor Russo
expressed concern regarding the need for legal opinions on zoning
• in progress. The City Manager indicated staff reports would be
provided. Mayor Russo reported he referred phone calls regarding
prospective development to Growth Management.
CITY ATTORNEY
REPORT City Attorney Post reported their firm was adding an attorney to
advise on technical issues.
ITEMS FOR DISCUSSION
Mayor Russo Mayor Russo requested research regarding what the County
planned to add to their Comprehensive regarding education.
Councilman Jablin Councilman Jablin reported there was a group called Coalition for
Black Student Achievement who was currently working with the
School District of Palm Beach County to do away with bussing for
integration so that everyone would keep their neighborhood
schools, and the whole idea was to focus on student achievement
rather than racial balance. Discussion ensued. Councilman Jablin
recommended Leo Noble be contacted to provide information to the
City Council.
Mayor Russo The Mayor reported a new road realignment plan was going to be
•
submitted by Golf Digest.
•
CITY COUNCIL SPECIAL REGULAR MEETING, 2/11/99 8
Vice Mayor Furtado Vice Mayor Furtado repeated her request to have lighting installed
at the temporary entrance to City Hall. Vice Mayor Furtado
reported the grant for the TIPS program would be prorated among
the sites within the County. The Vice Mayor expressed frustration
that light poles had not been reinstalled on the ball field and that
under the current plan one -third of the season would be gone before
the lighting was reinstalled, and requested that Department Heads
think ahead in the future in similar situations.
Councilman Jablin Councilman Jablin commented on the new tennis facility. The City
Manager thanked those who had worked on this project.
ADJOURNMENT There being no further business to discuss, upon motion by Vice
Mayor Furtado, seconded by Councilman Clark, carried 5 -0, the
meeting was adjourne at e:45 p.m.
APPROVAL:
F/Apr ORA N
W4 ffal
COUNCILMAN �D CLARK
COUNCIL •A' •
ATTEST:
l
IND V. KOSIER, CMC, CITY CLERK