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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. i 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 O 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: 1- 0 O 0 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