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HomeMy WebLinkAboutMinutes Council 111695CITY COUNCIL • REGULAR MEETING CITY OF PALM BEACH GARDENS NOVEMBER 16, 1995 The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Mayor Russo at 7:30 P.M. in the Assembly Room of the Municipal Complex, 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 present were Mayor Russo, Vice Mayor Furtado, Councilwoman Monroe. Councilman Jablin, and Councilman Clark. ANNOUNCEMENTS Mayor Russo stated that the announcements were as posted on the City's bulletin boards, and explained that the agenda would be re- ordered to hold the Public Hearings regarding PGA National after Awarding of Bids. PRESENTATIONS AWARDS Police Chief FitzGerald presented a Life Saving Award to Officer Tegreene for his action which saved the lives of two people during the recent flood. Richard Newberry and Benjamin Newberry were awarded Certificates of Appreciation for coming to the assistance of Officer Tegreene. CONCURRENCY Commissioner Karen Marcus and School Board • Representative Harry Fixx provided an update on school CITY COUNCIL REGULAR MEETING, 11/16/95 PAGE 2 • concurrency and the tasks to be accomplished by the Task Force. Commissioner Marcus explained that the • • Task Force consisted of 25 members from diverse professions who had unanimously voted that day to adopt a level of service for smaller schools than those currently built; and suggested that the City might want to send the School Board a letter of support. Commissioner Marcus reported that the Palm Beach County school system was currently $250 to $300 million behind in building schools, and that the School Board would have to budget approximately $70 million annually to stay caught up. The current budget contained no funds for building new schools, and the Task Force examined funding possibilities and voted to recommend to the School Board adoption of a 10 sales tax. The Task Force was in the process of drafting a Charter Amendment to allow a County -wide School System and a draft Ordinance which would spell out rules for developers. Commissioner Marcus explained that no one had ever done school concurrency, and the most difficult part was the Interlocal agreement between the School Board and the County Commission which would require the School Board to place a specified amount into their budget annually; to build certain schools according to a set CITY COUNCIL REGULAR MEETING, 11/16/95 PAGE 3 • program; and would require the County Commission to assure that development permits were tied to that Ordinance. Commissioner Marcus provided an overview of the contents of the Ordinance. Mr. Fixx urged the City Council to write the School Board in support of smaller schools. Commissioner Marcus explained that she was only representing herself since the County Commission had not yet endorsed concurrency. Mayor Russo expressed concern that no schools would be built in northern Palm Beach County during the first five years. Commissioner Marcus responded that no system currently existed, however, the Ordinance would • contain a formula whereby the most overcrowded schools would receive relief first, and that provisions for coastal schools would be addressed. Commissioner Marcus explained that concurrency would need to be phased in and that a sales tax increase should not be approved without concurrency. After a period of questions and discussion, Commissioner Marcus stated she would be happy to return to provide further updates. AWARDING OF BIDS: TOWING SERVICE City Manager Herakovich reported that on November 6, 1995, staff had opened and reviewed bids received for towing service for the coming year, as duly advertised • October 13, 1995. Public Works Director Bob Patty CITY COUNCIL REGULAR MEETING, 11/16/95 PAGE 4 • reported that staff recommended the bid be awarded to Kauff's Towing, the lowest qualified bidder. After discussion, Councilman Clark made a motion to approve the staff recommendation to award the bid for the towing service contract to Kauff's Towing. Councilman Jablin seconded the motion, which carried by unanimous vote of 5 -0. Alan Gold, resident of Palm Beach Gardens and General Manager of Lyons Towing, addressed items.which he stated were left out of the contract, and stated he felt that the low bid was really not the lowest bid. After discussion with staff, and comments from Howard Kauff and Don. Lyons, it was the consensus • of the City Council that the motion would stand. PUBLIC HEARINGS RESOLUTION 126, 1995 Mayor Russo declared the Public Hearing open, as duly advertised and held on the intent of Resolution 126, 1995 - Consideration of Determination of Substantial Deviation to the existing Development Order for PGA National Resort Community Development of Regional Impact, as adopted 8131178 and subsequently amended, by amending the master plan to convert 20.8 acres of Industrial land use within the Commerce Park to Residential land use. Principal Planner Kim Glas Castro explained that the staff determination was that this Amendment was not a substantial deviation. • JOHN GARY Attorney Gary informed the City Council that he would CITY COUNCIL REGULAR MEETING, 11/16/95 PAGE 5 • be requesting that the decision regarding a change in land use from industrial to residential be continued to a future date. There being no further comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to approve Resolution 126, 1995. Councilwoman Monroe seconded the motion, which carried by a unanimous vote of 5 -0. RESOLUTION 127, 1995 Mayor Russo declared the Public Hearing open, as duly advertised and held on the intent of Ordinance 127, 1995 - Consideration of Petition DRI -95 -01 - PGA National DRI Amendment. Principal Planner Kim Glas Castro explained that this amendment would amend the PGA National DRI to change 20+ acres of industrial to residential, and stated that staff recommended denial of this petition for reasons stated in the staff report. "JOHN GARY Attorney Gary expressed his opinion that a lot of misunderstanding existed regarding the proposed change because it was a part of a DRI defined in 1978 which did not apply to current standards because of subsequent amendments. Mr. Gary gave examples of what could happen in regard to what types of industrial buildings might be built in the future and traffic problems if this petition were not granted. • CITY COUNCIL REGULAR MEETING, 11/16/95 PAGE 6 • Councilman Jablin outlined anticipated traffic problems and stated he could not in good conscience vote to approve this change since it would create a dangerous traffic situation at the corner of Hyatt Drive and Northlake Boulevard. Councilwoman Monroe requested that public comments also address postponement. Vice Mayor Furtado expressed concern that the road would not work in the future with either use. LLWYD ECCLESTONE Mr. Ecclestone expressed the opinion that the proposed apartments would result in fewer traffic problems than truck traffic from industrial uses, and explained that • as part of the agreement for a fire station they were to make the Hyatt Drive intersection safe, that PGA National planned to take care of that problem, and that postponement would allow time to resolve same. CIRO DEGASPARES Mr. DeGaspares, resident of PGA National, commented that this matter had divided the community, that staff objections indicated a need for postponement, and expressed concern regarding traffic issues. FRANK FINELLA Mr. Finella, resident of PGA National, favored postponement. DANIEL FROLANNI Mr. Frolanni, resident of PGA National expressed support for rezoning from light industrial to • residential and favored postponement. CITY COUNCIL REGULAR MEETING, 11/16/95 *HAROLD FREEBURG • MARK GAITHER BULENT KASTARLAK WILLIAM CRACKE PAGE 7 Mr. Freeburg, resident of PGA National, was against rezoning, and was not in favor of postponement. Mr. Gaither, resident of Ironwood Way, expressed his opinion based on his work experience with industrial properties that the PGA National parcel did not lend itself to industrial use, expressed traffic concerns, and recommended postponement. Mr. Kastarlak, resident of PGA National, commented from his experience as a planner, expressed favor for rezoning, and was neither for or against postponement. Mr. Cracke, a resident of PGA National, did not favor rezoning and was in favor of postponement. BOB LAUER Mr. Lauer, resident of PGA National, stated he represented many residents who were against rezoning, cited other large rental complexes which were now available within the City, expressed the opinion that the proposed apartment complex would cause a decline in property values, and clarified that a recent statement made at a Planning and Zoning meeting that the majority of the Board of Directors of CAN had voted approval of the apartment complex representing 1,000 CAN members was false since only a telephone poll of the Board had been taken, not the 1,000 members. Mr. Lauer submitted petitions signed by 534 CITY COUNCIL REGULAR MEETING, 11/16/95 PAGE 8 • residents and property owners opposing rezoning. Mr. Lauer was opposed to postponement. LORRAINE LINQUIST Ms. Linquist, President of Cypress Point Condominium Association, expressed favor for the rezoning and for postponement. JOSHUA MENDELSON Mr. Mendelson, resident of PGA, expressed concern regarding what uses were allowed in the industrial section, and was in favor of both rezoning and postponement. MARY SANDRINI Ms. Sandrini, resident of PGA National and operator of the Montessori School at PGA Commerce Park stated she was in favor of both rezoning and postponement. • CHARLOTTE SCHEFF Ms. Scheff, resident of PGA National, shared her experience with rental apartments and stated she was not in favor of rezoning or postponement. CALVIN SCHWARTZ Mr. Schwartz, resident of Palm Beach Gardens, expressed traffic concerns, provided statistics, and stated he was not in favor of postponement. MILTON STERN Mr. Stern, resident of PGA National, favored postponement. GAY TURNER Ms. Turner, resident of PGA National, favored considering the larger picture, not just PGA National, and favored rezoning and postponement. BURT WEISS Mr. Weiss, resident of PGA National, was not in favor of rezoning or postponement, and discussed the impact CITY COUNCIL REGULAR MEETING, 11/16/95 PAGE 9 • of rental apartments upon the Police Department. BOB SULLIVAN Mr. Sullivan, resident of PGA National, offered statistics collected by his real estate firm to any of the residents, and was in favor of both rezoning and postponement. PHIL BARBERSON Mr. Barberson, resident of PGA National, was in favor of rezoning and postponement. BILL HALPRIN Mr. Halprin, owner of a building in the PGA National Commerce Park, expressed traffic concerns, and was not in favor of rezoning or postponement. MIMI HOWELL Ms. Howell, resident of PGA National, spoke from her experience as an Environmental Planner and Consultant, and was in favor of rezoning and postponement. Mayor Russo stated he believed only one of several letters received had been opposed to rezoning and postponement. Councilwoman Monroe requested marketing information from PGA National. Councilman Clark and Councilman Jablin were not in favor of postponement and were not in favor of the rental project. Vice Mayor Furtado and Councilwoman Monroe were in favor of postponement. Mayor Russo favored postponement, and commented that he was not in favor of the petition because of density and other problems, including traffic. Mr. Skokowski, representing, the petitioner, explained • CITY COUNCIL REGULAR MEETING, 11/16/95 • • • PAGE 10 the number of apartment units had been recently reduced which would impact traffic. Mr. Lavin expressed concern that another party had been allowed to speak, and stated several people had wanted to speak in opposition. Mayor Russo explained that the City Council had requested advice. Mr. Gary stated his firm had been involved in postponements where many projects had been successfully redesigned and believed that could be done in this case. Mr. Gary stated he had not had a chance to make a presentation. Mayor Russo explained that because of insufficient time for Mr. Gary to make a presentation, a postponement would be necessary. After discussion, City Attorney Baird stated the City Council had the following three options: (1) Postponement to a date certain, (2) Withdrawal, (3) Postponement and readvertisement of a Public Hearing. It was the consensus of the City Council to postpone and readvertise. Mayor Russo requested that informational meetings for PGA National residents be held prior to rescheduling. Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to postpone Resolution 127 and to readvertise for Public Hearing when notified. Councilwoman Monroe seconded the motion, which carried by unanimous 5 -0 CITY COUNCIL REGULAR MEETING, 11/16/95 PAGE 11 vote. CONSENT AGENDA Councilwoman Monroe made a motion to approve the Consent Agenda as submitted. Councilman Clark seconded the motion, which carried by unanimous vote of 4 -0. Vice Mayor Furtado was not present for the vote. The following items were approved on the Consent Agenda: 1. Approval of City Council Special Meeting Minutes of 10/26/95. 2. Approval of City Council Regular Meeting Minutes of 11/2/95. 3. Resolution 135, 1995 - Approval of Plat 6 Roadway at BallenIsles. 4. Resolution 136, 1995 - Approval of Plat for BallenIsles Pod 16B. 5. Resolution 137, 1995 - Approval of Plat for BallenIsles Parcel 6B. 6. Resolution 138, 1995 - Approval of Plat for Sabal Pointe at BallenIsles Parcel 25a. 7. Resolution 139, 1995 - Approval of cooperation between School Board, County Commissioners, the Private Sector and Palm Beach County Municipal League to develop criteria for selection of a Superintendent and to develop recommendations for the reform of the Educational System in Palm Beach County. • CITY COUNCIL REGULAR MEETING, 11/16/95 PAGE 12 •PUBLIC HEARING RESOLUTION 125, 1995 Mayor Russo declared the Public Hearing open, which was duly advertised 11/10/95, Second Hearing to be advertised 12/2/95, and held on the intent of Resolution 125, 1995 - Consideration of Approval of a Conditional Use to allow agricultural uses in the PDA Planned Development Area District. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. Councilwoman Monroe expressed concern regarding agricultural spraying when agricultural land was adjacent to residential development, and requested staff research to determine if a buffer requirement could be included. • Councilwoman Monroe made a motion to reopen the Public Hearing. Councilman Jablin seconded the motion, which carried by a unanimous vote. RICHARD MOORE Mr. Moore stated he lived adjacent to some of the property near Caloosa, had received notices, and stated that people wanted to know how the land would be used. The petitioner responded that the land would be used for grazing, but the County was looking at the land for possible acquisition as an environmental preserve. Mr Moore was advised to consult Commissioner Marcus for a more complete response. CITY MANAGER REPORT The City Manager suggested that Items for Discussion • be deleted from the agenda, except for the Interlocal CITY COUNCIL REGULAR MEETING, 11/16/95 PAGE 13 • Agreement between the City and Jupiter, and that the deleted items be scheduled for the November 30 meeting. City Manager Herakovich reported that The Ale House had requested a postponement and would be rescheduled for January 18; that November 29 was set for a meeting with residents affected by the recent flood, and if the Council members submitted their Goals and Objectives by next Wednesday they would be printed out for the November 30 Special Regular Council Meeting. RESOLUTIONS• RESOLUTION 120, 1995 Councilwoman Monroe made a motion to approve Resolution 120, 1995 - Consideration of Approval to • Support the proposed Convention Center site in west Palm Beach, with addition at the end of the sentence following the last WHEREAS of: if the City of Riviera Beach is not selected. Councilman Clark seconded the motion, which carried by unanimous vote of 5 -0. RESOLUTION 129, 1995 Councilman Clark made a motion to approve Resolution 129, 1995 - Consideration of approval of amendment to PGA National Parcel 31B Grand Cay Entry. Councilman Jablin seconded the motion which carried by unanimous vote of 5 -0. RESOLUTION 130, 1995 The City Manager reported petitioner had requested this item be taken off the agenda. • RESOLUTION 131, 1995' Planning and Zoning Director Walton provided CITY COUNCIL REGULAR MEETING, 11/16/95 PAGE 14 • information regarding Resolution 131, 1995 - Consideration of approval of amendment to Northcorp South Park Center Lots 6 and 7. Mr. Jeff Lis, agent for the Petitioner, addressed use of grass parking spaces to achieve 28% open space, and requested that if the City Council should ever agree to reduce the overall open space requirement for the PCD to 20% that the Petitioner be granted the ability to change the geoblock pavers to asphalt, if they could maintain the 20% level. Mr. Lis explained that the Petitioner's signage request for an additional sign on the building which would include the logo, was intended to provide • direction to people unfamiliar with the area. Councilwoman Monroe requested that Condition 6 be changed to read: Prior to the installation of required landscaping the Developer shall receive written approval of the Police Department on the acceptability of the placement of landscaping in proximity to the lighting. MIKE MARTINO Mr. Martino suggested that Condition 10 be rephrased to separate the issues of grass parking and the sign logo into two separate conditions. City Attorney Baird recommended the following changes: Condition 10 should be modified as follows: The grass parking shall be counted toward meeting the minimum • CITY COUNCIL REGULAR MEETING, 11/16/95 PAGE 15 • open space requirement. Condition 11 should be added as follows: The Applicant shall return to Council for ITEMS FOR DISCUSSION: INTERLOCAL AGREEMENT • WITH JUPITER ADJOURNMENT • approval of the requested sign package. Councilman Clark made a motion to approve Resolution 131, 1995, as amended. Vice Mayor Furtado seconded the motion. Motion carried by unanimous vote of 5 -0. Mr. Lis stated that construction on the intersection was anticipated to be done in March, 1996, and building construction would begin in January and be completed in May or June, so the intersection would be completed halfway through building construction. City Manager Herakovich suggested approval of the interlocal agreement with certain changes. Discussion ensued regarding the length of time of the agreement and inclusion of a clause allowing either party to terminate upon sufficient notice. Mike Martino questioned whether traffic issues would be included in the agreement. Because of lack of time, it was the consensus of the City Council to hold this item for consideration at a later date. There being no further business to discuss, motion was made by Councilwoman Monroe, seconded by Councilman Clark, and unanimously approved to adjourn the meeting at 11:30 P.M. CITY COUNCIL REGULAR MEETING, 11/16/95 • APPROVAL • at 11:30 P.M. JOE RUSSO PAGE 16 VICE MAYOR LAUREN FURTADO COUNCILWOMAN LINDA MONROE COUNCILMAN ERIC IJABLIN COUNCILMAN DAVID CLARK LINDA V. KOSIER, CMC, CITY CLERK E