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
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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.
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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
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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
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residential and favored postponement.
CITY COUNCIL REGULAR MEETING, 11/16/95
*HAROLD FREEBURG
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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
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CITY COUNCIL REGULAR MEETING, 11/16/95
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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.
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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.
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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
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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
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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
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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
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APPROVAL
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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
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