HomeMy WebLinkAboutMinutes Council 020499• CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
FEBRUARY 4, 1999
The February 4, 1999, 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 David Clark and Councilman
Carl Sabatello. Councilman Eric Jablin was absent due to illness.
ANNOUNCEMENTS Mayor Russo stated the announcements were as posted.
CITY MANAGER REPORT The City Manager announced a grand opening for the Gardens Ball
Fields on February 27 at 9 a.m., and opening of the new Tennis
• Center on February 6. A $46,650 beautification grant had been
received by the City for the FDOT and FEC right -of -way along
Alternate AIA from Burns Road south. City Manager Herakovich
announced the Vision was now a formal document. The City
Manager announced WCI Properties had agreed to present a vision
session on February 10 from 9:30 to 11:30, to which the public and
City Council, and Planning and Zoning Commission were invited.
PRESENTATIONS
County Bond Referendums Palm Beach County Commissioner Karen Marcus explained that the
first issue was the $24.5 million park bond issue of which Palm
Beach Gardens had $3.5 million for a north county district park.
The next issue was a $150 million bond issue for open space and
conservation and environmentally sensitive lands. Commissioner
Marcus explained that residents would be given information
regarding the much cheaper cost benefits of maintaining land as
agricultural and open space rather than developed land, and
commented that land was needed to provide an Everglades
restoration buffer. Commissioner Marcus commented that the
County had been talking with WCI Communities regarding
purchasing environmentally sensitive lands in northern Palm Beach
County after the bond issue passed, and saw this as a way of making
• Palm Beach County different from Broward and Dade. The City
Attorney was requested to research the legality of the City
CITY COUNCIL SPECIAL REGULAR MEETING, 2/4/99 2
supporting the bond referendums by Resolution, and if found to be
legal to prepare two Resolutions for the next meeting supporting the
two bond referendums. Commissioner Marcus indicated she would
provide to the City Council a list of sites in the north county area
which would qualify as environmentally sensitive lands.
Commissioner Marcus provided an update regarding the drainage
project on Idlewild Road. Mayor Russo reported that Mr. Vavrus
desired an agricultural designation for his land. Commissioner
Marcus encouraged the City to communicate directly with the
Treasure Coast Regional Planning Council and the Department of
Community Affairs since they would make the decision whether to
include the Mecca and Vavrus lands into the environmentally
sensitive lands program. Commissioner Marcus commented on the
possibility of co- staffing the fire station on Alternate AIA if that
became feasible. Commissioner Marcus announced a possible joint
meeting with the City, Jupiter, and WCI Properties. Mayor Russo
thanked Commissioner Marcus for her work toward getting the new
Juno Pier.
Construction Manager
• Report The City Council requested that in the future they be provided with
a written copy of the Construction Manager's report. The
Construction Manager for the Municipal Complex project noted
that the claim filed by Suffolk was for delays resulting from
numerous errors in the drawings created by the architect.
Negotiations had greatly reduced the claim and conclusion
satisfactory to both parties was anticipated. The Construction
Manager discussed the solutions for dimensional problems resulting
from the architectural errors. The City Attorney advised that proper
legal participation and protocols were being followed in this matter.
The Construction Manager estimated the project to be 75 days
behind schedule. Completion date, change orders, and phasing were
reviewed. The Mayor requested a time schedule for the project.
The Construction Manager reported he believed the contractor was
making his best efforts to catch up
ITEMS BY MAYOR AND
CITY COUNCIL
Vice Mayor Furtado Vice Mayor Furtado requested establishment of a basic list of
volunteer groups to help residents relocate in the event of another
flood, as well as a contingency fund possibly created from grant
• money. The Vice Mayor reported the next task of the Parks and
Recreation Board would be to bring ideas to the City Council
CITY COUNCIL SPECIAL REGULAR MEETING, 2/4/99
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regarding the parcel of land near Gardens Mall. Vice Mayor
Furtado requested that the lights now in storage be installed at the
Lake Catherine Ball Field.
Councilman Sabatello Councilman Sabatello reported staff and the Code Enforcement
Board were doing a great job. Councilman Sabatello explained
there was an opening on the Planning and Zoning Commission and
that the Commission was improving with each petition. Councilman
Sabatello reported meeting with the interior designer for the
municipal complex and that a base plan would be used. Councilman
Sabatello noted the loss of key personnel in the Growth
Management Department and recommended hiring the best people
available. The City Manager advised that funds had been identified
for that purpose as well as for contracting outside help. Mayor
Russo requested a workshop meeting to discuss staffing, impact
fees, application fees, concurrency, and zoning in progress.
Priorities for the City were discussed.
Councilman Clark Councilman Clark reported the Beautification and Environmental
Committee was working on the City sign and that there was a
• vacancy on the committee. Councilman Clark explained that the
sign site at the City Centre project was being reconsidered because
of the number of buildings, and the site might be relocated closer to
the Hibiscus Restaurant on PGA Boulevard where the sign could be
more visible.
Mayor Russo Mayor Russo reported he had attended a meeting of the Economic
Advisory Group , which at their next meeting would be unveiling
new projects. The Mayor recommended an economic advisory
group for the City and the north county area. Mayor Russo
expressed concern over the murder of a child in Riviera Beach
where the incident had started at a Palm Beach Gardens school; and
recommended looking at ways for cities to allow children to attend
school in their own cities. The City Manager reported programs
were being established in the schools to cope with violence,
diversity training, etc., in connection with the D.A.R.E. program.
Vice Mayor Furtado reported she had been contacted to serve on a
special SAC to look at alternatives to what was currently being done
in education. Mayor Russo expressed concern with City schools
that were over capacity and the number of new homes planned to be
built over the next few years.
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CITY COUNCIL SPECIAL REGULAR MEETING, 2/4/99 4
COMMENTS FROM THE
PUBLIC
Chuck Jones Chuck Jones, South Palm Drive near Idlewild Road, requested
development be slowed down. Mayor Russo responded that the
City could not deny landowners the right to develop so long as they
met the required criteria, and that the City would not approve
anything that would affect the drainage on South Palm Drive.
Siro Degasperis Mr. Degasperis thanked the City Council for attending the PGA
National POA annual meeting. Mr. Degasperis stated he was
representing the PGA National POA and recommended getting The
Commons project started. Mr. Degasperis explained the
landscaping problems for the assisted living portion of Devonshire.
Discussion ensued. Mr. Degasperis commented the PGA National
POA had supported the Golf Digest project; however, were
concerned that widening of PGA Boulevard would become a hazard
and noise problem because the additional lanes as planned for the
south would come within 15 feet of existing homes. W. Degasperis
requested the extra lanes be widened to the north. Discussion
ensued regarding correcting the problem and not allowing projects
• to be pushed through too fast in the future.
CONSENT AGENDA Vice Mayor Furtado moved approval of the Consent Agenda. The
motion was seconded by Councilman Clark and carried by
unanimous 4 -0 vote. The following item was listed on the Consent
Agenda:
1. Approval of Minutes from 1/14/99 City Council Workshop
Meeting,
PUBLIC HEARINGS
Ordinance 26, 1998 Mayor Russo declared the Public Hearing open, which was duly
advertised 1/20/99, and held on the intent of Ordinance 26, 1998 -
Amending Ordinance 15, 1997, Which Approved a PUD/Landscape
Plan for City Centre, Formerly Known as Oakbrook Center,
Generally Located at the Southeast Corner of PGA Boulevard and
Ellison Wilson Road, by Approving a Waiver to Section 118 -
280(g)(14), Entitled "Building Design Guidelines ", "Underground
Utilities" and by Amending the Landscape Plan, for consideration of
second reading and adoption. Both staff and petitioner requested
this public hearing be continued.
• Councilman Clark made a motion to continue the Public Hearing for
Ordinance 26, 1998 to the February 18, 1999 meeting. Vice Mayor
CITY COUNCIL SPECIAL REGULAR MEETING, 214199
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Furtado seconded the motion, which carried by unanimous 3 -0 vote.
Councilman Sabatello had stepped out of the room.
Ordinance 5, 1999 Mayor Russo declared the Public Hearing open, which was duly
advertised 1/20/99, and held on the intent of Ordinance 5, 1999 --
Providing for Approval of the Application of High Field, Ltd., for
Rezoning of 7.26 -Acres of Land Located Approximately 500 Feet
to the East of the Intersection of Prosperity Farms Road and
Idlewild Road, on the South Side of Idlewild Road to a Planned
Unit Development - Residential, in Order to Construct 63
Townhomes , for consideration of second reading and adoption.
Principal Planner Kim Glas Castro reviewed what had been done
since the last meeting. Henry Skokowski spoke on behalf of the
petitioner, and requested the following changes to the proposed
conditions. To change from prior to construction plan approval to
prior to issuance of the first building permit, the applicant shall
provide approved permits ... etc. To add or comparable
construction barricade to the condition requiring a wall to protect
residents from construction activities. To delete the condition
requiring a cross parking agreement, since the adjacent neighbor
• would not agree to cross parking. The City Council requested
addition of language to the condition regarding the wall that the wall
be subject to staff approval. Hearing no comments from the public,
Mayor Russo declared the Public Hearing closed.
Councilman Clark made a motion to approve the amendment to
Ordinance 5, 1999. Vice Mayor Furtado seconded the motion.
Councilman Clark changed his motion to state that Ordinance 5,
1999 be placed on Second Reading by title only and approved with
the following changes to the conditions in Section 3: in paragraph
2 of Section 3 change the words in the first line from construction
plan approval to issuance of the first building permit; in paragraph
12 of Section 3 after the words the northerly perimeter wall, insert
the words or comparable construction barricades acceptable to the
City; delete paragraph 16; and re- number paragraph 17.Vice Mayor
Furtado seconded the motion. which carried by unanimous 4 -0 vote.
The City Clerk read Ordinance 5, 1999 on Second Reading and
Final reading by title only.
RESOLUTIONS:
Resolution 8, 1999 Councilman Clark made a motion to approve Resolution 8, 1999 -
Consideration of Appointment of One Member to the General
• Pension Board, with the name Daniel Hackman inserted into the
blank. Vice Mayor Furtado seconded the motion, which carried by
CITY COUNCIL SPECIAL REGULAR MEETING, 2/4/99 6
unanimous 4 -0 vote.
Resolution 9, 1999 Vice Mayor Furtado made a motion to approve Resolution 9, 1999 -
Consideration of Appointment of One Member to the Police Pension
Board, with the name Michael Sutton inserted into the blank.
Councilman Clark seconded the motion, which carried by
unanimous 4 -0 vote.
Resolution 12, 1999 Consideration of approval of Resolution 9, 1999 - Consideration of
Approval of Lot 3, South Park Building Signs (Icon and Landis)
was postponed.
Resolution 13, 1999 Councilman Clark made a motion to approve Resolution 13, 1999 -
Consideration of Approval of Hampton Inn Art. Vice Mayor
Furtado seconded the motion, which carried by unanimous 4 -0 vote.
ORDINANCES:
Ordinance 3, 1999 Vice Mayor Furtado made a motion to approve Ordinance 3, 1999
upon First Reading by title only - Providing for Amendment of
• Chapter 2, Division 4 of the Code of Ordinances Entitled, "Planning
& Zoning Commission ". Councilman Clark seconded the motion,
which carried by unanimous 4 -0 vote. The City Clerk read
Ordinance 3, 1999 on First Reading by title only.
Ordinance 10, 1999 Growth Management Director Roxanne Manning presented the
request for site plan approval of Phase II of the Village Square
Professional Park. Henry Skokowski spoke on behalf of the
petitioner. The Landscape Architect for the project reviewed the
landscape plan. Mayor Russo was not in favor of the site plan.
Councilman Sabatello expressed concern with the landscaping. The
petitioner expressed their intent to make changes before the next
meeting.
Councilman Clark made a motion to approve Ordinance 10, 1999
upon First Reading by title only - Approving Phase II of the Village
Square Professional Park Site Plan. Vice Mayor Furtado seconded
the motion, which carried by 3 -1 vote, with Mayor Russo voting
against the motion. The City Clerk read Ordinance 3, 1999 on First
Reading by title only.
• ITEMS FOR DISCUSSION
Rezoning Request -
CITY COUNCIL SPECIAL REGULAR MEETING, 2/4/99 7
Channing Corporation Principal Planner Kim Glas Castro reviewed the staff report for
proposed permitted uses for the following applications: (1)
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. (2) Application of Channing 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, 102,654 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. (3) 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. The City Council indicated
agreement with the permitted uses as listed. Attorney for Channing
Corporation XXX, Steve Mathison, reviewed the conditions in
Ordinance 7 which pertained to the agreement with Tamberlane
Condominium and indicated petitioner preferred they not be a part
of the ordinance. Attorney Mathison explained that the petitioner
would agree to the City Council's decision regarding outdoor
displays. Attorney Mathison commented the petitioner had
committed to pay for a traffic light at Shady Lakes Drive and
requested City support and the ability to seek 3rd party
reimbursement from the future developer of adjacent property.
Discussion ensued regarding limitations which might be applied to
fitness centers.
CITY ATTORNEY
REPORT City Attorney Carol Post reported a written opinion had been given
to the City Manager that it was legal to institute a juvenile curfew.
The City Attorney reported an opinion also had been submitted
• regarding deannexation.
• CITY COUNCIL SPECIAL REGULAR MEETING, 2/4/99 8
CITY MANAGER City Manager Herakovich reported that comments from the Police
Chief regarding a juvenile curfew had been received and also that
staff had checked the address of Michael Sutton, who had been
approved earlier in the meeting as a member of the Police Pension
Board, and found that he did not live in the City. Therefore,
Resolution 9, 1999 was reconsidered.
Resolution 9, 1999 Councilman Clark made a motion to reconsider Resolution 9, 1999 -
Consideration of Appointment of One Member to the Police Pension
Board and that Resolution 9, 1999 be approved with the name Ken
Altmann inserted into the blank. Vice Mayor Furtado seconded the
motion, which carried by unanimous 4 -0 vote.
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CITY COUNCIL SPECIAL REGULAR MEETING, 2/4/99 9
ADJOURNMENT There being no further business to discuss, upon motion by
Councilman Clark, seconded by Councilman Sabatello, carried 4 -0,
the meeting was adj rn at 11:10 p.m.
APPROVAL:
7 YgSfPH R. RUSSO
VI{c�Y O1U,A-UZEN FURTADO
CHA PR EM E C JABLIN
L
OUNCILMAN DAVID CLARK
COUNCIL CARL SABATELLO
ATTEST:
V. KOSIER, CMC, CITY CLERK