HomeMy WebLinkAboutMinutes Council 101598• CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
OCTOBER 15, 1998
The October 15, 1998, Regular Meeting of the City Council of the
City of Palm Beach Garden,, Florida, was called to order at 7:30
P.M. in the Council Chamberq 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 introduced students who had served as Mayor for the
Day and stated the announcements were as posted.
CITY MANAGERS
• REPORT City Manager Herakovich reported that private coaching
opportunities for PBGYAA youth would be available for the fall
baseball season while complying with the City Ordinance. The
City Manager reported that a staff - prepared summary of annexation
procedures had been distributed to the City Council. City Manager
Herakovich reported she had attended on behalf of the City Council
the softball dinner held to celebrate the Softball World Series
tournament winners and had distributed 52 certificates to winners,
and thanked the volunteers for their time. The City Manager
reported receipt of written notification from FDOT denying the
City's request to lower the Military Trail speed limit. The City
Manager reported interviews had been conducted for the position
of Assistant City Manager and negotiations were in progress with
the top choice candidate. City Manager Herakovich reported The
Riviera Beach City Council was discussing roadway improvements
at their meeting tonight, including the Congress Avenue roadway
extension and Northlake Reliever Road, and a letter from the City
of Palm Beach Gardens had been sent to be read into their record.
The City Manager advised a workshop would be scheduled for
November, 1998, and requested addition to tonight's agenda of
Consideration of Approval of PBA Bargaining Unit Contract. The
City Manager thanked the City Council for the opportunity to work
for them and wished them happy Boss's day.
CITY COUNCIL SPECIAL REGULAR MEETING, 10/15/98 2
Reorder Agenda Councilman Clark made a motion, seconded by Vice Mayor
Furtado, to reorder the agenda to place Items for Council Action
before Items by Mayor and Council and to place the Public Hearing
for Ordinance 19, 1998 in front of Ordinance 13, 1998. Motion
carried by unanimous 5 -0 vote.
ITEMS FOR COUNCIL
ACTION
1999 Tennis Fees Vice Mayor Furtado made a motion to approved the proposed 1999
tennis fees, seconded by Councilman Clark. Motion carried by
unanimous 5 -0 vote.
ITEMS BY MAYOR AND
COUNCIL
Councilman Jablin Councilman Jablin explained that he was a member of an Ad Hoc
Committee set up by the Education Advisory Board to obtain
partnerships between Palm Beach Gardens businesses and schools,
and reported that Lenscrafters had agreed to supply an eye exam
and evaluation and a free pair of glasses to any Palm Beach
40 Gardens student in need.
Vice Mayor Furtado The Vice Mayor reported Palm Tran would be working with the
School Board to provide additional transportation for school
children, which would provide improved safety and better
utilization of facilities. Vice Mayor Furtado reported two
billboards proposed along Northlake Boulevard could not be
erected unless FP &L approved them. Mayor Russo requested the
City be as aggressive as possible and to make this matter a priority.
Vice Mayor Furtado reported the City was being asked to purchase
the FEC tracks to speed up double tracking to allow the Port of
Palm Beach to put the majority of their freight on railroad cars
which would relieve the backlog now being experienced in the
trucking industry. The Vice Mayor reported on proposed turnpike
interchange improvements, flyover, and sound walls. After
discussion regarding the Burns Road and RCA Boulevard
remaining two lanes from A -1 -A to Prosperity Farms Road it was
decided that more research was necessary. The proposed turnpike
interchange location was discussed, and Councilman Sabatello
expressed concern that this location would impact Steeplechase
residents. Consensus was to discuss this matter at an upcoming
meeting with the Steeplechase Board of Directors present. It was
reported that the City had objected to the County's plan to place a
CITY COUNCIL SPECIAL REGULAR MEETING, 10/15/98 3
flashing yellow light at Burn, and Riverside Drive before installing
a ,top and go light, and had requested the ,top and go light be
installed initially. It was reported a meeting had been scheduled
with the Fire Department, Code Enforcement, and Planning and
Zoning regarding the halfway houses. Vice Mayor Furtado
reported fingerprinting wa, now a requirement in Florida for
anyone working with children. Procedure for the public adding
item, to agenda, wa, di,cussed. Vice Mayor Furtado reported the
MPO was sending a letter to the Coat Guard recommending a
year -round schedule for opening, of the PGA Bridge.
Mayor Ru „o The Mayor reported the Municipal League was working on an
Ordinance with the County to upgrade the quality and safety of
rented cars and cab,, and advised he had asked the City Manager to
research such an Ordinance for the City. Mayor Ru,so reported
attendance at a meeting which included attendance by magnet
school ,tudents, and recommended increased involvement by the
City with the magnet program, particularly with Dwyer High
School.
• COMMENTS FROM
THE PUBLIC
Linda Hughey M,. Hughey questioned when the concrete barricade at the end of
the ,trip mall on Keating Drive facing Northlake Boulevard would
be removed, to which it was reported the City was working on this
matter and that the City and County had agreed to share cost, for
improvement,.
Joan Elias Joan Elias, 1009 Diamond Head Way, thanked the City Council for
their diligence in assuring that building, within the City were
beautiful.
CONSENT AGENDA Councilman Clark made a motion, seconded by Councilman Jablin
to approve the Consent Agenda a, presented. The motion carried
by unanimous vote of 5 -0. The following item, were approved on
the Consent Agenda:
1. Approval of Minutes of 9/24/98 City Council Special Regular
Meeting.
2. Proclaiming November, 1998, as "Epilepsy Awareness
Month ".
3. Proclaiming November 5, 1998, a, `Estate Planning Day ".
CITY COUNCIL SPECIAL REGULAR MEETING, 10/15/98 4
4. Resolution 107, 1998 - Consideration of Approval for
Disposal of Assets.
5. Resolution 111, 1998 - Consideration of Approval of Plat for
Smith Corner.
6. Resolution 112, 1998, Consideration of Approval to Support
Revision #10 to the Florida Constitution.
PUBLIC HEARING
Ordinance 19, 1998 City Forester Mark Hendrickson reviewed the petition. Mayor
Russo declared the Public Hearing open, which was duly advertised
9/30/98, and held on the intent of Ordinance 19, 1998, providing for
amendment to Ordinance 11, 1998, as Amended, Which Approved
a PUD /Site Plan for the Hibiscus Restaurant, Formerly Known as
The Bridge Center By Amending the Landscape Plan; Providing for
Approval of the Exterior Color Change and Wall Sign Colors.
Councilman Sabatello requested and received clarification that the
elevation created by the sign company was for information on
colors only and that the elevations had not changed; and objected
to the striped awnings. Mayor Russo declared the Public Hearing
• closed. Councilman Clark made a motion that Ordinance 19, 1998
be placed on Second Reading by title only and approved. Vice
Mayor Furtado seconded the motion. Councilman Sabatello
announced he would vote against the Ordinance because he was
against the striped awnings. Motion carried by 4 -1 vote. The City
Clerk read Ordinance 19, 1998 by title only on Second Reading.
COMMENT FROM THE
PUBLIC
Mr. DeMarco Mayor Russo acknowledged Mr. DeMarco',- request to speak, and
advised that the next time he wished to address the City Council
that slips were available to be filled out so that the City Council
would be aware and call on him at the appropriate time. Mr.
DeMarco questioned a newspaper article which reported the City
was ousting the halfway house, and stated they had maintained this
operation within the City for the past seven years, and now were
receiving phone calls wanting to know what would happen to their
clients. Mr. DeMarco commented this service was beneficial to the
people they were helping, and they had spent $15,000 to bring their
operation up to code and were current with other licenses. Mr.
DeMarco stated this newspaper article was detrimental to the
halfway house and a surprise since they knew nothing about the
City's concerns. Mayor Russo explained that staff was working on
0
CITY COUNCIL SPECIAL REGULAR MEETING, 10/15/98 5
this i.,ue and that he wa, not aware of the new,paper article. Mr.
DeMarco stated that no rehabilitation was done at the ,ite located
within the City, but that the people merely lived there.
PUBLIC HEARINGS
Ordinance 13, 1998 Mayor Ru „o declared the Public Hearing open, which was duly
advertised 9/30/98, and held on the intent of Ordinance 13, 1998,
Providing for Amendment of Chapter 34 of the Code by Amending
All Sections of Article III, Entitled "Noi,e” to Modify the Hours of
Restrictions, to Modify the Extent of the Restrictions; and to
Clarify the nature of the Restrictions; Section 34 -59 Concerning
Exception, for "Construction Equipment "; Section 34 -60,
Concerning Exceptions for "Golf Course Maintenance Equipment ";
Section 34 -61, Concerning Exception, for "Sanitation Truck, ";
Section 118 -299, Entitled "Performance Standards" to Modify the
Hours of Restrictions and to Clarify the Nature of the Restrictions
for Consideration of Second Reading and Adoption. Principal
Planner Marty Minor reviewed changes to the Ordinance since first
reading. Discussion ensued regarding starting time for trash
pickup. Hearing no comment, from the public, Mayor Russo
declared the Public Hearing closed.
Councilman Clark made a motion to approve Amendment No. 1 to
Ordinance 13, 1998 with the additional change in Section 118- 299
deleting the words "and maintenance activities" under the Section
entitled "Exemption ". Councilman Jablin seconded the motion,
which carried by unanimous 5 -0 vote.
Councilman Clark made a motion to approve Ordinance 13, 1998
as amended, on second reading and for adoption. Councilman
Jablin seconded the motion, which carried by unanimous 5 -0 vote.
The City Clerk read Ordinance 13, 1998 as amended by title only
on Second and fmal reading.
Ordinance 21, 1998 Mayor Russo declared the Public Hearing open, which was duly
advertised 9/30/98, and held on the intent of Ordinance 21, 1998,
Providing for Rezoning of 2,304.79 Acre, of Land Located
Between PGA Boulevard and Hood Road to a Planned Community
District to Permit Residential Uses Consisting of 2,145 Dwelling
Units, Golf Courses, Clubhouse, Training Facility and Support
Facilities. 105,000 Square Feet of Office Use, 15,000 Square Feet
of Commercial U,e, 10,000 Square Feet of Community Facility
U,e and 5,000 Square Feet of Sales Center Use, for Consideration
CITY COUNCIL SPECIAL REGULAR MEETING, 10/15/98 g
Second Reading and Adoption. Principal Planner Kim Glas
reviewed an amendment of the changes since first reading. Specific
conditions were explained and discussed, including extensive
discussion of the landscaping and buffer width along the parkway
system. The petitioner distributed a proposed alternate condition
#20, which had been presented to staff. Mayor Russo and
Councilman Clark favored a buffer closer to the width required by
code than that proposed by the petitioner. New and amended
conditions were discussed.
Murray Lipkin, 6463 Brandon Street, representing Eastpointe
Homeowners Association, expressed their opinion that the Golf
Digest project was a great addition to the City with the exception of
the school entrance on Hood Road being opposite to their main
entrance which would cause traffic problems, and requested that the
City not allow this entrance location.
Paul Salter, Eastpointe resident, questioned whether the City
Council had considered a buffer along Hood Road. Principal
Planner Kim Glas responded there was a 90 foot parkway at that
location between the residential area and Hood Road.
Siro DeGasperis, 16 Martinique Cove, representing the POA at
PGA National, expressed their opinion that this project would be a
great benefit to the City, that they were opposed to 4 lanes on PGA
Boulevard and opposed to making the interior roadway 4 lanes at
the outset. Councilman Clark explained that 4 -laning the interior
roadway at the outset had merely been a point of discussion, not a
recommendation by either staff or the Council.
John Gary, agent for the petitioner, requested that the petitioner
not have to pay more in impact fees than the aggregate amount
which exceeds the impact fee due. Mr. Gary requested that the
record reflect there would be ball fields included in the development.
Mr. Gary clarified that his client fully intended to enter into a master
water and sewer agreement with Seacoast Utilities prior to the
effective date of this Ordinance, November 20, 1998.
The following amendments to further amend Amendment No. 1 to
Ordinance 21, 1998, all in Section 2 were read into the record:
Item 1. Add language at the end of the sentence which shall read:
as shall be agreed upon in the POA documents.
• CITY COUNCIL SPECIAL REGULAR MEETING, 10/15/98 7
Condition 28, new Section D, to read: In no event shall the
aggregate amount exceed the impact fee due.
Condition 31 amended to include reference to construction of the
baseball field.
Condition 58 amended to read: a nationally recognized golf entity
will be required for the first five years of operation.
New Condition to follow Condition 11: The applicant shall
maintain all landscaped areas in compliance with landscape
maintenance performance standards which may be established by
the City Forester.
Section 6: the terms performance bond, letter of credit or escrow
agreement will be replaced with the term surety.
Principal Planner Glas read the following condition: Modification
of Condition 20 to modify E, F, and H:
! E. Landscape buffers within development parcels shall be a
component of the plan details required by Condition 15.
Said landscaping shall be installed concurrent with the
adjacent parkway improvements or with the development
of each individual parcel, whichever occurs first. During
each parcel site plan review, additional screening, if
necessary, will be added to the 15-foot landscape buffer.
F. The 15-foot landscape buffer shall be maintained by the
same entity responsible for the parkway landscaping
maintenance.
H. Amended plans for reflecting the relocation of the 12 foot
pathway and 6-foot sidewalk shall be submitted within 90
days of the approval of this Ordinance including the
common area phasing plan and the planning of
improvements.
The Exhibit List would be amended with an addition to
show plans dated 10114198 entitled, Typical Residential
Buffer Plan, 40' Parkway, and 15' Buffer, by Urban
• Design Studio, comprised of 3 sheets.
CITY COUNCIL SPECIAL REGULAR MEETING, 10/15/98 8
Councilman Jablin moved to approve Amendment 1 to
Ordinance 21, 1998. Councilman Sabatello seconded the
motion, which carried by unanimous 5 -0 vote.
Councilman Jablin moved to place Ordinance 21, 1998 on
Second Reading and Adoption with the amendments read by
the City Attorney and by Principal Planner Kim Glas.
Councilman Sabatello seconded the motion. Mayor Russo
stated he would not vote for this motion but requested the
City Attorney schedule a meeting to discuss the City's
parkway system, and advised that if the parkway policy
should be changed then he would vote in favor at subsequent
presentations. Motion carried by 3 -2 vote.
RE -ORDER AGENDA Councilman Jablin made a motion to re -order the agenda to take
Resolutions in the following order: 94, 109,110, 113, and then 87.
Councilman Clark seconded the motion, which carried by
unanimous 5 -0 vote.
RESOLUTIONS:
Resolution 94, 1998 Councilman Clark made a motion to grant approval of the pay and
classification plan for 1998/1999 Fiscal Year. The motion was
seconded by Councilman Jablin, and carried by unanimous 4 -0
vote.
Resolution 109, 1998 Councilman Clark made a motion to re- appoint one member to the
Board of Trustees of the Police Officers' Pension Fund Board. The
motion was seconded by Councilman Sabatello, and carried by
unanimous 4 -0 vote.
Resolution 110, 1998 Councilman Clark made a motion to re- appoint one member to the
Board of Trustees of the Firefighters' Pension Fund Board. The
motion was seconded by Councilman Jablin, and carried by
unanimous 4 -0 vote.
Resolution 113, 1998 Councilman Clark made a motion to grant approval and ratification
of Agreement Between the Police Benevolent Association and the
City of Palm Beach Gardens for 10/1/97 through September 30,
i1998. The motion was seconded by Councilman Jablin, and
carried by unanimous 5 -0 vote.
• CITY COUNCIL SPECIAL REGULAR MEETING, 10/15/98 9
Resolution 87, 1998 Councilman Clark made a motion to approve an Amendment to the
Site Plan for PGA National Mobil Station. The motion was
seconded by Vice Mayor Furtado, and carried by unanimous 5 -0
vote.
Resolution 108, 1998 Resolution 108, 1998 was continued to the next meeting.
ITEMS FOR DISCUSSION:
PGA National DRI
Amendment Principal Planner Kim Glas provided an update on the PGA
National DRI Amendment, which would be brought to the City
Council at their next meeting as an Ordinance for First Reading. It
was reported this was the first DRI to be closed out within the State.
Councilman Clark made a motion to advertise this Ordinance for
Public Hearing and Second Reading. Vice Mayor Furtado
seconded the motion which carried by unanimous 5 -0 vote. The
City Clerk read the title.
00n- Conforming Signs There was a consensus to adopt Option 2 regarding non - conforming
signs in the City.
• CITY COUNCIL SPECIAL REGULAR MEETING, 10/15/98 10
ADJOURNMENT There being no further business to discuss, upon motion by
Councilman Clark, seconded by Vice Mayor Furtado, the meeting
was adjourned at 3 m.
APPROVAL:
��JC�SEPFI k. � �
VI EN N FURTADO
C ;TE ERIC JABLIN
• COUNCILTCARL CLARK
COUNCIL ABATELL O
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK