HomeMy WebLinkAboutMinutes Council 121798CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
DECEMBER 17, 1998
The December 17, 1998, Regular Meeting of the City Council of
the City of Palm Beach Gardens, Florida, was called to order at
7:34 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.
REORDER AGENDA Vice Mayor Furtado made a motion to move item 13 to follow the
Opresentation. Councilman Clark seconded the motion, which
carried by unanimous 5 -0 vote.
CITY MANAGERS
REPORT City Manager Herakovich announced that Sunday, December 20,
the City would host the last light on the Menorah at the Burns Road
Community Center. The City Manager reported the Palm Beach
County Intergovernmental Coordination Program Clearing House
had requested that interested parties submit their names for a
subcommittee on library issues, and those interested should contact
the City Manager. City Manager Herakovich thanked Beth Ingold,
Public Information Officer, and all departments for working on the
annual report, which was available to the public. The City Manager
reminded the City Council that the bus trip to entertainment centers
and gathering places was scheduled for January 23, 1999. The City
Manager reported the `Buy into the Gardens Program" had reached
$10,000. The City Manager clarified the contractor's time delay for
work on the Municipal Complex. Mayor Russo requested a_letter
be sent to the County Commission advising them that the City
wished to participate in the Western Sector planning; however,
could not do so at the present time.
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CITY COUNCIL SPECIAL REGULAR MEETING, 12/17/98 2
PRESENTATIONS:
Turnpike Interchange Bruce Barrett, District Planning Manager for the Turnpike
explained the proposal for the turnpike exchange was purely
conceptual but it was believed the impacts could be mitigated.
Kathryn Bradley, Engineer and Project Manager, described the
study area and the scheduled project procedure. Vice Mayor
Furtado requested that the option of a possible exit left on the
northbound side only, as well as the possibility of the exit going
under the turnpike instead of over, be kept in mind. Mr. Barrett
explained the reason for the proposed location was to minimize
necessary bridge work and relocation of residents. Mr. Barrett
explained all options would be considered during the study. Mayor
Russo commented that a high volume of truck traffic would be
undesirable to the residents. Mr. Barrett verified there would be
plenty of meetings for residents to ask questions. Following a
question by a Steeplechase resident, Mr. Barrett explained the study
would need to be completed before details were known. Siro
Degasperis pointed out estimated cost was less at another location
Oand requested that during the study the names of Jog Road and
Ryder Cup be avoided.
Mayor Russo welcomed the students and Scouts present.
ITEMS FOR COUNCIL
ACTION
FP &L Transmission Poles Public Works Director Bob Patty reported the cost to bury all the
lines on PGA Boulevard underground was prohibitive and there
were already poles on PGA Boulevard. Rod Maken, FP &L
representative, answered questions from the City Council.
Councilman Sabatello made a motion to leave the wood poles as
they are on PGA Boulevard but not to add any more lines there, to
put the new lines underground, and when the land was developed
then concrete poles could be required. Motion was seconded by
Councilman Clark. Motion carried by unanimous 5 -0 vote.
Investment Policy
Revisions Vice Mayor Furtado made a motion to accept the revisions to the
Investment Policy with the amendment that of the 60% commercial
paper, the most in any one company would be 1/3 of that 60 %.
Councilman Clark seconded the motion, which carried by
unanimous 5 -0 vote.
• CITY COUNCIL SPECIAL REGULAR MEETING, 12/17/98 3
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AWARDING OF BIDS
Interior Design Bid Vice Mayor Furtado made a motion to authorize the City Manager
and staff to negotiate a contract with Peacock and Lewis for interior
design services based upon their bid of $19,200.00 subject to the
negotiated contract being submitted to the City Council for their
review. Councilman Clark seconded the motion, which carried by
unanimous 5 -0 vote.
Police Motorcycles Councilman Clark made a motion to approve the staff
recommendation to award the bid for two police motorcycles to
Treasure Coast Harley- Davidson, Inc., for the amount of
$24,354.00. Councilman Jablin seconded the motion, which carried
by unanimous 5 -0 vote.
Underground Fueling
Facilities
ITEMS BY MAYOR AND
COUNCIL
Vice Mayor Furtado
Mayor Russo
Councilman Clark made a motion to approve the staff
recommendation to piggyback off of the School District of Palm
Beach County contract with Glasgow Equipment Service, Inc., to
make repairs to underground fueling facilities at the Municipal Golf
Course in the amount of $19,996.00. Councilman Jablin seconded
the motion, which carried by unanimous 4 -0 vote.
The Vice Mayor asked what happened to the lights which were to
have been installed by the construction entrance.
The Mayor wished everyone Happy Holidays.
COMMENTS FROM
THE PUBLIC There were no comments from the public.
RE -ORDER AGENDA Councilman Jablin made a motion to place consideration of
Resolution 127, 1998 before the Public Hearing on Ordinance 23,
1998. Councilman Clark seconded the motion, which carried by
unanimous 5 -0 vote.
CONSENT AGENDA Councilman Clark made a motion, seconded by Councilman Jablin
to approve the Consent Agenda as presented, which carried by
unanimous vote of 5 -0. The following items were approved on the
Consent Agenda:
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CITY COUNCIL SPECIAL REGULAR MEETING, 12/17/98 4
1. Approval of Minutes of 12/3/98 City Council Regular
Meeting.
2. Proclaiming March 1999 as "Red Cross Month ".
3. Resolution 138, 1998 - Consideration of Approval of an
Easement Agreement for Land Adjacent to PGA Boulevard
FP &L Substation.
4. Resolution 143, 1998 - Consideration of Approval to Provide
for an Extension to the Cable Franchise Agreement with
Adelphia Cable Communications.
RESOLUTION:
Resolution 127, 1998 The concept of the CPTED program was discussed. Councilman
Clark made a motion to grant approval of Resolution 127, 1998, as
amended in the December 17, 1998 submission Consideration of
Approval of Crime Prevention through Environmental Design.
Councilman Jablin seconded the motion, which carried by
unanimous 5 -0 vote.
PUBLIC HEARINGS
Ordinance 23, 1998
Mayor Russo declared the Public Hearing open, which was duly
advertised 12/2/98, and held on the intent of Providing for an
Amendment to the Comprehensive Plan of the City by Changing
the Land Use Designation on 5.2 Acres of Land Located at the
Southeast Corner of PGA Boulevard and Avenue of the PGA From
Residential High (RH) to Mixed Used (MXD), for Consideration of
Second Reading and Adoption. Principal Planner Kim Glas Castro
presented the request. Steve Mathison, attorney for Channing
Corporation spoke on behalf of the petitioner for The Commons.
City Attorney Acton pointed out that since this land use change
designation was a change to the Comprehensive Plan, and not to a
site plan, a specific project or specific aspects of a project were not
up for consideration or approval, only the general concept of
whether or not mixed use development of whatever kind and nature
was appropriate for the site. Rezoning would have to occur next
and only after that could a site plan be considered. Discussion
ensued. Attorney Mathison explained that if the Channing
Corporation's site plan was not approved by the City an agreement
had been made that Channing Corporation would not sue the City
and the land use designation could be changed back. Comments
were made by Henry Skokowski as representative of the Channing
Corporation. Allen Lavin, President of C.A.N., reported their
organization had not taken a vote on this issue but their readers had
CITY COUNCIL SPECIAL REGULAR MEETING, 12/17/98 5
expressed overwhelming favor. Doug Coomer stated on behalf of
Woodland Lakes Condominium Association that they would prefer
a residential development because of concerns regarding buffers,
restaurants, noise, parking, traffic, and other issues. It was
explained that many of these issues were site plan issues, and
brought out that the Association had not voted to have Mr. Coomer
speak for them at this meeting. Marie Price spoke in favor of The
Commons project. John Ramos spoke in favor of The Commons
project. Richard Orman spoke in favor of the land use change to
mixed use designation. Jeff Ornstein requested that the focus be
kept on the land use change designation, and expressed his opinion
in favor of the change. Mike Martino expressed concern regarding
what commercial uses could occur within the mixed use category.
Donna Brosemer spoke in favor of the land use change designation
for all three parcels. Elliott Kanarek spoke on behalf of Woodland
Lakes and expressed their desire to retain residential designation for
parcels 1 and 2. Mary Hogan expressed opposition to The
Commons. Dr. Leonard Coplein, resident of Longwood
O Condominium, spoke for himself and presented a petition signed by
16 of the other residents of the condominiums, all against changing
the land use designation. Mr. E. Alexander, owner of a condo in
Camberwell Condominium, presented a petition signed by
approximately 50% of the condominium, residents who were in
opposition to the change in land use designation. Gloria Dennen
stated she was a member of Woodland Lakes Condo Association
Board of Trustees and represented the desires of many of their
owners who were concerned with the ultimate use of the land and
opposed the change in land use designation. Jane Elliott spoke in
opposition to the change in land use designation. Jack Levine
spoke in opposition to The Commons. Gerald Richman spoke in
favor of The Commons. William Myers spoke in favor of The
Commons. Bill Brown was not present but had written he wished
to express support of Shady Lakes HOA for The Commons project.
Ron Talley spoke in favor of The Commons. Jay Adolph stated the
single family homeowners in PGA National were in favor of the
land use change designation and the project. Mr. Adolph stated that
speaking for himself suggested a simultaneous review of the land
use designation, the zoning, and the PUD in the future. Mayor
Russo explained that could not be done legally. Lynn Hubar
commented in favor of The Commons. Lois Kapica, Vice President
of Longwood Condominium, reported their board had voted to
work with Mr. Channing. Florence Mars, President of Longwood
• CITY COUNCIL SPECIAL REGULAR MEETING, 12/17/98 g
Condominium, stated a majority of their Board voted to work with
Mr. Channing to create a harmonious neighborhood. Al Bechtel
spoke in favor of mixed use zoning.. Joseph Orlando was not in
favor of The Commons. Jay L. Marmer submitted in writing that
he fully supported The Commons. Attorney Steve Mathison
answered some of the negative comments. City Attorney Acton
provided a legal opinion that the decision to be made was a general
policy decision and not based on any contract from a developer
promising not to sue the City. City Attorney Acton advised that so
long as the current statutes were in effect the City could change
their decision to go back to the present land use designation.
Discussion ensued regarding the zoning and PUD review process.
Hearing no further comments, Mayor Russo declared the Public
Hearing closed. The Council re- opened the Public Hearing. A
Woodland Lakes resident commented against The Commons.
Mayor Russo declared the Public Hearing closed. Councilman
Clark made a motion to approve Ordinance 23, 1998 on Second
Reading by Title Only. Motion was seconded by Vice Mayor
O Furtado, and carried by unanimous 5 -0 vote. The City Clerk read
Ordinance 23, 1998 on Second Reading by Title Only.
Ordinance 24, 1998 Mayor Russo declared the Public Hearing open, which was duly
advertised 12/2/98, and held on the intent of Providing for an
Amendment to the Comprehensive Plan of the City by Changing
the Land Use Designation on 3.5 Acres of Land Located at the
Southeast Corner of PGA Boulevard and Avenue of the PGA from
Residential High (RH) to Mixed Used (MXD) and by Changing the
Land Use Designation of .5 Acres of Land Located at the southwest
Corner of PGA Boulevard and Hickory Drive from Residential
Medium (RM) to Mixed Use (MXD), for Consideration of Second
Reading and Adoption. Mayor Russo stated it was assumed that all
the public comments made for Ordinance 23, 1998 were the same
for Ordinance 24, 1998 unless there was an objection. Hearing no
objection, Mayor Russo declared the Public Hearing closed.
Councilman Clark made a motion to approve Ordinance 24, 1998
on Second Reading by Title Only. Motion was seconded by Vice
Mayor Furtado, and carried by unanimous 5 -0 vote. The City Clerk
read Ordinance 23, 1998 on Second Reading by Title Only.
Ordinance 25, 1998 Mayor Russo declared the Public Hearing open, which was duly
advertised 12/2/98, and held on the intent of Providing for an
Amendment to the Comprehensive Plan of the City by Changing
® CITY COUNCIL SPECIAL REGULAR MEETING, 12/17/98 7
the Land Use Designation on 9.6 Acres of Land Located South of
PGA Boulevard and East of Hickory Drive from Residential
Medium (RM) to Mixed Used (MXD), for Consideration of Second
Reading and Adoption. Mayor Russo stated it was assumed that
all the public comments made for Ordinance 23, 1998 were the
same for Ordinance 25, 1998 unless there was an objection.
Hearing no objection, Mayor Russo declared the Public Hearing
closed. Councilman Clark made a motion to approve Ordinance 25,
1998 on Second Reading by Title Only. Motion was seconded by
Vice Mayor Furtado, and carried by unanimous 5 -0 vote. The City
Clerk read Ordinance 25, 1998 on Second Reading by Title Only.
Ordinance 27, 1998 Mayor Russo declared the Public Hearing open, which was duly
advertised 12/2/98, and held on the intent of Providing for an
Amendment to the Fire Pension Plan for Consideration of Second
Reading and Adoption. Hearing no comments from the public,
Mayor Russo declared the Public Hearing closed. Councilman
Clark made a motion to approve Ordinance 27, 1998 on Second
O Reading by Title Only. Motion was seconded by Councilman
Jablin. Councilman Clark amended his motion to include the
effective date of August 1, 1998 in the blank in Section 5.
Councilman Jablin seconded the amended motion, which carried by
unanimous 5 -0 vote. The City Clerk read Ordinance 27, 1998 on
Second Reading by Title Only.
Ordinance 28, 1998 Mayor Russo declared the Public Hearing open, which was duly
advertised 12/2/98, and held on the intent of Providing for
Amendments to Section 66 -69 of the City's Code of Ordinances re:
Occupational Licenses for Consideration of Second Reading and
Adoption. Following discussion of the fees, there being no
comments from the public, Councilman Clark made a motion to
continue the Public Hearing for Ordinance 28, 1998 to 1/7/99. Vice
Mayor Furtado seconded the motion, which carried by unanimous
vote of 5 -0.
Ordinance 29, 1998 Mayor Russo declared the Public Hearing open, which was duly
advertised 12/2/98, and held on the intent of Providing for Approval
of a Conditional Use for the Construction of a Building for a Master
Lift Station for Consideration of Second Reading and Adoption.
Hearing no comments from the public, Mayor Russo declared the
Public Hearing closed. Councilman Clark made a motion to
approve Ordinance 29, 1998 upon Second Reading by Title Only.
CITY COUNCIL SPECIAL REGULAR MEETING, 12/17/98 8
Councilman Jablin seconded the motion, which carried by
unanimous 5 -0 vote. The City Clerk read Ordinance 29, 1998 on
Second Reading by Title Only.
Ordinance 30, 1998 Mayor Russo declared the Public Hearing open, which was duly
advertised 12/2/98, and held on the intent of Providing for
Amendment of Chapter 110 of the City Code Entitled "Signs ", by
Amending Section 3 of Article I, Entitled "Non- Conforming Signs"
to Extend the Amortization Period for Allowing Non - Conforming
signs by twelve (12) months, for Consideration of Second Reading
and Adoption. There being no comments from the public,
Councilman Clark made a motion to continue the Public Hearing
for Ordinance 30, 1998 to 1/7/99. Vice Mayor Furtado seconded
the motion, which carried by unanimous 5 -0 vote.
RESOLUTIONS:
Resolution 133, 1998 Councilman Clark made a motion to grant approval of Resolution
133, 1998, Consideration of Appointments to the Code
O Enforcement Board, with the names Ernest Bolante and John P.
Little III inserted into the blanks in Section One. Vice Mayor
Furtado seconded the motion, which carried by unanimous 4 -0 vote.
Resolution 134, 1998 Vice Mayor Furtado made a motion to grant approval of
Resolution 134, 1998, Consideration of Appointments to the
Northlake Corridor Task Force, with the name Vice Mayor Furtado
in Section One, Edward Tombari as staff member, and changing
Councilman Sabatello in Section Two to Councilman Jablin, and
Marty Minor as Alternate inserted into the blanks. Councilman
Jablin seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 135, 1998 Councilman Clark made a motion to grant approval of Resolution
135, 1998, Consideration of Appointments to the B &E Committee,
with the name John S. Hughes inserted in the blank in Section One,
Vice Mayor Furtado seconded the motion, which carried by
unanimous 5 -0 vote.
ORDINANCES:
Ordinance 12, 1998 Principal Planner Marty Minor presented Ordinance 12, 1998- -
Providing for Rezoning of 14.47 -acres of land located at the north
corner of Lone Pine Road and Easterly Avenue, '/2 mile west of
Prosperity Farms Road to a Planned Unit Development, in Order to
Construct 43 Single Family Homes for consideration of First
Reading. Bob Bentz, agent for the petitioner, spoke on behalf of
• CITY COUNCIL SPECIAL REGULAR MEETING, 12/17/98 g
the petitioner and reported changes which had been made in the
plans since the last presentation. Nick Terris, 2654 Lone Pine
Road, representing 14 homes on Lone Pine Road, provided
information regarding the roadway. Staffs position was that
roadway issues had been resolved. Councilman Clark made a
motion to approve Ordinance 12, 1998 on First Reading by Title
Only. Motion was seconded by Vice Mayor Furtado, and carried by
unanimous 5 -0 vote. The City Clerk read Ordinance 12, 1998 on
First Reading by Title Only.
Ordinance 22, 1998 Councilman Clark made a motion to approve Ordinance 22, 1998 -
Providing for Amendment of Ordinance 34, 1978, and Resolution
43, 1978 as Amended, the Development Order for the PGA
National Resort Community, DRI, by Adopting a Consolidated,
Restated and Amended Development of Regional Impact and
Planned Community District Development Order for PGA National
Resort Community; Providing for Amendment to Conditions of
Approval Relating to Off -Site Traffic Improvements; Providing for
O Amendment of the Master Development Plan to Revise the
Schedule of Uses, and Certain Land Use Designations; Providing
for Immediate Transmittal of this Ordinance to the Florida
Department of Community Affairs, Treasure Coast Regional
Planning Council, Palm Beach County and PGA National Venture,
Ltd., on First Reading by Title Only. Motion was seconded by
Councilman Jablin and carried by unanimous 5 -0 vote. The City
Clerk read Ordinance 22, 1998 on First Reading by Title Only.
Is
• CITY COUNCIL SPECIAL REGULAR MEETING, 12/17/98 10
ADJOURNMENT There being no further business to discuss, upon motion by
Councilman Clark, seconded by Councilman Jablin, carried 5 -0, the
meeting was aSljourned,at l 1;'p.m.
APPROVAL:
RUSSO
VICE MAYOR LAUREN FURTADO
CH O/TE E LIN
COUNCILMAN D D CLARK
COUNCILMAN CARL SABATELLO
ATTEST:
e KOSIER, CMC, CITY CLERK