Loading...
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 3 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. 0 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 5 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. E 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