HomeMy WebLinkAboutMinutes Council 020488El
CITY COUNCIL
REGULAR METING
CITY OF PALM FEACN GARDENS
FEBRUARY 4, 1988
The Regular Meeting of the City Council of Palm Beach Gardens, Florida,
was called to order by Mayor Feeney at 8:00 P.M. in the Assembly Room at
the Municipal Complex, 105CC 'forth Military Tr,*?, 102:m Pedch :;ardEns,
�lprida; and opened with the Pledge of Allegiance to the Flag.
ROLL CALL: The City Clerk called the roll and present were: Mayor Feeney,
Vice Mayor Martino, Councilman. 11dred, Councilwoman Monroe and Councilman
Kiselewski.
ANNOUNCEMENTS Mayor Feeney announced there would be d meeting of the Planning and
Zoning Commission on Tuesday, February 9, 1988, at 7:30 P.M.; and a
meeti,q of the Palm Beach Gardens Firp Department, .Inc. on Tuesday,
Februery 9, 1988, at 7:30 P.14.
APPROVAL OF MINUTES The minutes of the Regular Meetino of 1121188 and the Workshop Meeting
of 1128188, were unanimously approved as written.
r7EMS BY THE
CITY WNAGER
LEGAL ADVERTISING Per the request of the City Manager the City Council unanimously
approved payment of .legal advertisement for the proposed annexation, in
the c,nount of $61,098.40, to be taken frc,. Council Contingency.
KNICIPAL 'he City Manager stated there is a serious the problem at the municipal
SWIMMING POOL
swimming pool, and "Gardens Tile" has stated it would cost $6266 to make
repairs. The City Manager pointed out this is an emergency. Tno City
Council unanimously agreed to expend a mixjmum of $6266 far these
AhL r Pairs, to be taken from Council Contingency, however, requested the
City Manager check with another tile company to .insure the orice quoted
is reascnable.
CITY COLNCIL REGULAR WETING, 214188
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SEACOAST UrILITItS Tne CLf Manager stated Lennart Lindahl is handling the Engineering Con-
ID sultiug for the proposed purchase of Seacoast Utilities, Stanley Cohen
is the CPA, and K rr, '_h Movers is the Attorney that wi r7 draw up the
final documents. The proposal to Kidder Peabody mu,t b' - ubmitted by
February 14, 1988.
RESOLUTIONS
FES+ILUTrnN 13 tg98 the r_t 41g,30Dr eXL,1a nP,d i,rl %,t nPso ,,tLcn 1_, 1988, inCll(-aCes ,0 Eno
Town of Jupiter what the City of Palm Beach Gardens proposes as its
FtAL,e noi., ,)ern boundary. vice Mayor Martino stated he brought this
item uo last night at the Loxahatchee Council of Goveir„ments meeting,
and it was feit the City was moving in a positive direction to resolve
the differences with the Town of Jupiter.
Per the concensus of the City CoL4)c11 Lhe City Clerk read, in full,
Resolution 13, 1988. The City Council unanimously approved Resolution
13, 1988.
OPDIN�NCES
The City Manager introduced Mimi Howard, President of Resource Engineering
and Planning, Inc. and Mr. Terry Clark, Director of Planning of Resource
Engineering and Planning, Inc., who were retained by the City to prepare
the update of the Comprehensive Land Use Plan. Mr. Clark gave a presen-
tation re: annexation study, breaking downs the areas involved in
r'~dinance 1, 1988, Ordinance 2, 1988, and Ordinance 3. 1988. Mr. Clare
,ummarizF,d the City's plans to provide services to the proposed annexation
areas.
0RD1NW4CE 1, 294° Mayer Feeney stated Ordinance 1, 1988, would provide for a Referendum
Election in the City and within; said areas proposed to be annexed for
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CITY COUNCIL REGULAR WETING, 214188
PAGF_ 3
the annexation of "Woodberry Lakes ". Mayor Feeney declared the Public.
® Nearing open. Mayor Feeney,axplained that Ordinance 1, 1988, as well as
Or_- nvr,,:e Z Qod s, lynn, stmply puts the annexation areas on a referendum
for the people to decide.
Mr. Van Voorhees, President of "Woodberry Cakes Homeowners Association,
Inc. ", addressed the City Council stating the reasons why the homeowners
Woodberry Lakes wish to be annexed into the City.
Mr. Harry Burke, resident of Woodberry Lakes, questioned whether the
County or the City will be issuing future building permits in the area and
who would be assisting the homeowners who are experiencing Prcblems with
their homes. Mr. Shannon, Assistant County Administrator of Palm Beach
County, stated the County wi:l cooperate with the City and make plans
to the City.
—' n, -, r requested and the Council directed handouts containing
F,i. ^,ation given by ,Mr. Ferry Clark of Resource Enoineer_'nq be made a
par, o` the record.
Per a unanimous vote of the City Council the City Clork read, by title
only, Lyi second and final reading, Ordinance 1, 1988, "involuntary"
annexation of (1) 19.5866 -acre "Cinnamon Plat No. 1 ", (a /k /a Woodberry
Lakes" and "The Gardens of Woodberry "), as recorded 12115178 in Plat Book
36, Pages 56 -59, and (2) 17.7004- acre "Cinnamon Plat No. 2" (a /k /d
"Woodberry Lakes" and "The Gardens of woedberry"), as recorded 8 /7/80 in
Plat Bcok 40, Pages 66 -70.
Mayor Feeney noted that there was an amenoment to Section 3. of Ordinance
1, 1988, below "The Referendum shall be worded on the ballot as f,Ilnws:•'
the words "(WOODBERRY LAKES)" were added for identification purposes.
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CITY COLNCIL REGULAR l-EETING, 214188
PA GE 4
Ca,-?l Elmquist, Vice Chairman or` the Palm Beach County Commission, voiced
the Commission's concerns re: proposed annexation and requested a
"face -to- face" meeting between the City Cc,uncil and the County CO-7mission
on Thursday, February 18, 1988, at 5:30 P.M. The members of the Cite
Council agreed to the February 18, 1988, meeting.
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Ordnance 1, 1988, was unanimously adopted by the City Council.
jWINANCE 2, 1988
Mayor Feeney announced Ordinance 2, 1988, would provide for the annexation
n, 2_,,02.03 -Y acres of land located south of PGA Boulevard to be placed on
a referendum for the March 8, 1988, election, to be decided by the resi-
dents in Palm Beach Gardens and the residents in those areas to be
annexed.
;,.cyor r-eaney orLiared the Public Hearing open.
Attorney Jim Watts addressed the City Council on behalf of the residents
of Steeplechase, stating the residents there look forward to being annexed
into the City of Palm Beach Gardens.
Mr. Tan Vogan, past president and current treasurer of the Homeowners
Association of Steeplechase, addressed the City Council stating they have
been trying to be annexed lntc the City of Palm Beach Gardens for some
time and are looking forward to being in the City.
Ms. Janice Jennings, Assistant City Attorney fcr ;tiviera Beach, stated
there was a discreoancy in the annexation map re: the south annexation,
stating Section 26, Township 42 South, Range 42 East was not entirely
include. Mr. Terry Clark stated that she was correct. Ms. Jennings
stated Riviera Beach is opposed to this annexation feeling the City of
P,�1m Reach Gardens was enrroachinc on Riviera Beach's future plans for
annexation.
Ca,-?l Elmquist, Vice Chairman or` the Palm Beach County Commission, voiced
the Commission's concerns re: proposed annexation and requested a
"face -to- face" meeting between the City Cc,uncil and the County CO-7mission
on Thursday, February 18, 1988, at 5:30 P.M. The members of the Cite
Council agreed to the February 18, 1988, meeting.
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CITY COUYCIL REGULAR WETING, 214188
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PAGE S
Mr. Sili Kapco, Assistant County Attorney, addressed the Council re: legal
concerns re: Ordinance 2, 1988, stating the annexation is not one
!',— ^ ahly comp--t „ '-,-ling tha area should be sepa deed into 3
separate Ordinances.
Mr. Vincent Green, resident of Monet Acres, ..ddressed the City Council
stating the City should be more aware of environmental impacts.
Rav,•nond Royce, 1 romeo,wrer .,, = .enpla; ,lase, addressed the City Council
stating hp endorsed Ordinance 2, 1988.
Jim Veott, repr: _;ling the homenwr,ers in Steeplechase, presented a copy of
a petition that was presented to ttho County Commission yesterday whereby
the people of Steeplechase expressed their strong desire to be a part of
the City of Palm Beach Gardens, and requested the County not interfere and
withdraw objections to this annexation.
Ronald Beasly, Executive Vice - President of Professional Firefighters of
Palm Beach County, addressed expressing his opposition to the proposed
annexations. Councilman Kiselewski requested two documents published by
the Professional Firefighters be entered into the record whereby they
expressed concern re: annexations, because they would be losing jobs.
Vice Mayor Martino requested Fire Chief Ed Arrants address the Gardens
Fire DepartmenLls record. Chief Arrants stated the City has on duty pro-
fessional firefighters, volunteer firefighters, and stated that this
system has hppn the hest choice for the City.
Sam Laurie, resident of Palm Bear_h Gardens, questioning several aspects of
the proposed annexations. Mayor Martino stated that these annexations
would benefit the City by giving them greater controls over the areas
CITY COLW CIL REGULAR MEETING, 214188
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FACE b
surrounding the City. Councilman Aldred stated the estimated tax revenues
from the tar base teat wculd be Generated by the annexaticns is suf-
ficient, and actually exceeds, the amount of dollars that would be
necessary to expand all governmental services to the areas oroposed to be
annexed; which means we all will have at least equal services to what we
now have without an increas- i- cost.
A number of residents of the City addressed the City Council stating their
concerns re: proposed annexations, however, the majority of these resi-
cents supported the annexations.
The City Manager stated the City can provide police, fire, water, and all
other services to the developed portions of the proposed southern annexa-
tion, as welt as provide these services to the undeveloped portions once
they are developed. the City Manager further stated the services will not
deteriorate for the current residents of the City.
There being no further comments from the public, Mayor Feeney declared the
Public Nearing closed.
Attorney Bill Brant sated Ordinance 2, 1988, should be amended as
follows:
In the title, before "and orovidzno for the re,oeal of crdir,
parts of ccdinanres in conflict herewith ", insert "arid orovid,ru; for a
severability clause ".
CITY COLNCIL REGULAR MEETING, 214188
PAGE ,'
In Section 3., second paragraph, prior to "For Annexation" and
® "Against Annex,2tlr11, add "(South Annexation - Includinn Steeplechase) ".
Add Section _5. "If a Court of competent jurisdiction enters an
order of judgment that the land or lands annexed under or encompassed in
this Ordinance or any portion thereof, contains pockets, fingers, enclaves
or been annexed in a serpentine fashion or otherwise is n ^t z, suc-
ject of annexation, ,dz Improperly annexed under this Ordinance, the boun-
dary or boundaries of lands annexed under this Ordinance shall be reduced
accordingly to the maximum allowed by the Court under the laws of
Florida."
Per a unanimous vote of the City Council the Citv Clerk read, by title
only, on second and final reading, Ordinance 2, 1988, "involuntary"
annexation into the City of approximately 2,202.8922 acres of la,, located
South of PGA Boulevard.
Ordinance 2, 1988, as amended, was unanimously adopted by the City
Council.
ORDINANCE 3, 1988 Mayor Feeney announced Ordinance 31- 1988, would provide for the
"involuntary" annexation into the City of approximately 6,195 acres of
land north of PGA Boulevard, to be placed on a referendum ballot for the
voters of Palm Beach Gardens as well as those areas to be annexed.
Mayor Feeney declared the Public Heating open.
Mr, tariff Roberts, Town Manager of Jupiter, addressed the City Council
stating the Town of Jupiter's oppositicn to the proposed annexation. Mr.
Roberts stated the Town of Jupiter has officially requested th- City r,f
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CITY COUNCIL REGULAR PEETING, 214188 PAGE 8
Palm Beach Gardens not annex property north of Donald Ross koad and has
asked the Foundation Land Company to agree that Donald Ross Road be the
orficial boundary Letween Jupiter and Palm Beach Gardens.
Mary Hinton, Mayor of the Town of Jupiter, stated it is the position of
the Town Council of Jupiter that Donald Ross Road is the boundary Iine
between these two cities and they have no intentions of aliowtno any area
north of Donald Ross Road to be annexed into another city.
Vice Mayor Martino apologized that the City Council of Palm Beach Gardens
has not met with Jupiter sooner, however, Resolution 13, 1988, was in
attem,,* at a compromise with the Town of Jupiter. Mayor Hinton requested
the City CouncJ_' postpone adoption of Ordinance 3, 1988, until such time
as the Town Council of Jupiter had time to review Resolution 13, 1988.
Mr. Bill Kapco, attorney for Palm Beach County, addressed the City Council
Joh stating the County's legal concerns regarding the proposed north annexa-
qW
Mr. Gilbert Moore, I2820 Frenchman's Landing, stated the homeowners of
Frenchman's Landing have passed a resolution opposing the annexation
because they were not approached to become a part of this process and feel
they will become an enclave as a result of the annexation. Mr. Moore
stated they were also concerned with the level of service of the
surrounding roadways, feeling that the City Council was approving projects
with a high raf.e of intensity.
Mayor Hinton, Town of Jupiter, again appealed to the City Council to post-
pone this Ordnance.
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CITY COLNCIL REC'ULAR NF_ETING, 214188 PAGE 9
There being no further comments from the public, Mayor Feeney declared the
Public Hearing closed.
Per the direction of the City Council, the City Clerk was directed to
amend ordinance 3, 1988, as follows:
In the title, prior to "providing for the repeal of all Ordinances or
parts of Ordinances in curf ?icL hPr,wit�", 'or a severa-
bility claU5e".
I- the body of Ordinance 3, 19813, insert the following paragraph imme-
diately after the sentence beginning "Be it ordained by the City of Pa[m
Beach Gardens, Florida" - "WHEREAS, the City of Palm Beach Gardens as a
matter of policy will not extend its territorial boundaries north of
Donald Ross Road except as specifically set forth in this Ordinance;
In Section 3., immediately preceeding "For Annexation ", add '(North
de Annexation, Including Frenchman's Creek) ".
Add Section 5., as follows: "If' a Court of competent ,jurisdiction
enters an Order or judgment that the land or lands annexed under and
encompassed in this Ordinance or any portion thereif, contains pockets,
fingers, enclaves or has been annexed in a serpentine fashion, or otherwise
is not a proper subject of annexation or improperly annexed under this
bi+dinan�;U, than the buuodary uY ' . ,a,r,n,; of lands inpe,YCCI Under this
Ordinance shall be reduced accordingly to the maximum allowed by the
un&r the laws of Florida."
The City Manager stated the City can provide services for the area pro-
posed to be annexed —der this Ordinance.
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CITY COthClb REGULAR MEETING, 214188 PAGE 10
Per a unanimous vote of the City Council the City Clerk read, by title
only, as amended, on second and final reading, Ordinance 3, 1988.
0:_ioa,c& J, 194e, was unanimously adopted by the City Council.
REPORTS
C0UVCILMAN
kISELEWSKI Councilman Kiselewski reported attending a meeting with the Economic
Council Reef Committe» earlier t,o s &&vk to a:Ccmpt to see if the Solid
Waste Authority had any plr to help give them the kind of material they
needed La build reefs.
COUWCILWOMAN
MONRCE Councilwoman Monroe reported attending a meeting of the Site Plan and
Appearance Review Committee, along with Vice Mayor Martino. Both she and
Vice Mayor Martino had some concerns, however, she will bring these items
up at the next City Council meeting.
VICE MAYOR
i'dARTINO Vice Mayor Martino reperted attending the Loxahatchee council of
Off-
VF
Government.; meeting, where there was a discussion concerning the Northeast
County Transportation Network study. Vice Mayor Martino cave a copy of
the study to the City Clerk so that she could make copies for the other
Council members. Vice Mayor Martino stated there will be a Lana Use
Advisory Committee and requested the City Manager find out more infor-
mation about this so that we can participate.
RESOLUTION 6, 1988 Mr. Bob Frein, Vice President of' Golden Development Company of Palm Baach
County, addressed the City Council, stating the concerns expressed by the
City Council It earlier meetings have been = ncorporated into the final
plans.
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CITY COUNCIL REGULAR WCTING, 21418 PAGE 11
Per the consensus of the City Council the City Clerk read, by title only,
Resolution 6, 1988, creating a a Planned Unit Development known as
"Preston Courts', multi - family development, proposed to be located within
4.789 -acre M -18 Tract of the PGA National PCO, and consist of 34 duplex
units.
Resolution 6, I986, was unanimously approved by the Citv rouncil.
RESOLUTION 71 1988 Per a unanimous vote of the City Council Resolution 7, 1988, recommending
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to the P. B. County Commission the renaming of the PGA Boulevard -
Alternate A -1 -A segment of ".RCA Boulevard" (flkla Monet Road), be removed
from the agenda.
RESOLUTION 8, 1988 Per the consensus of the City Council the City Clerk read, by title only,
Resolution 8, 1988, reappointing /appointing members to the City's
Comprehensive Land use Plan Committee.
Ah Resolution 8, 1988, was unanimously approved by the City Council.
SOLUTION lo, 1988 Mr. Hank Skokowski, authorized agent for PGA National 'venture, Ltd.,
addressed the City Council stating the Council's concerns from previous
meetings have been incorporated into the final plans.
Per the consensus of the City Council the City Clerk read, by title only,
Resolution 10, 1988, approving a commercial PUD proposed to be located
within 2.5 acre Lot 1 of the "PGA Commerce Park" PUD; and consist of an
ancillary 77 -oed community bed or sheltered --bed nursino home, as regulated
by Chapter 400, Part 1, and Chapter 651, Section 651.118, Florida
Statutes, and a 56 -unit /bed Adult Congregate Living Facility as regulated
by Chapter 400, Part II, Florida Statutes - including variance of 14'8" to
setback requirement.
Resolution 10, 1988, was unanimously approved by the City Council.
CITY COUNCIL REWLAR WETING, 214188
PAGE 12
RESOLUTION 11, 1988, Per the consensus of the City Council the City Clerk read, by title only,
® Resolution 11, I988, recommending the reappointment of Councilman Aldred
as member of the Pa-m Beach County Planning Counci'..
Resolution 11, 1988, was unanimously approved by the City Council.
RESOLUTION 12 1198& Per the consensus of the City Council the City Clerk read, by title only,
Resolution 12, 1988, providing for scecial referendum elections to be held
concurrently with the Presidential Preference Primary Election scheduled
to be held 318188, of registered electors of the City of Palm Beach
Gardens and electors in unincorporated proposed annexation areas (1) of
Woodberry Lakes, (2) north of PGA Boulevard and (3) south of PGA
Boulevard.
Resolution 12, 1988, was unanimously approved by the City Council,
ORCIN'INCES
ORDINANCE 6, 1988
Per a unanimous vote of the City Council the City L erk read, by title
only, on first reading, Ordinance 6, 1988, repealing tre reQuireme ^.t of
developers of non -PUDs in excess of three acres to receive final Site Plan
and Appearance Review approval by the City Council Except when Traffic,
Evnironmental, or Footprint im;;acts exist.
ORDINANCE L, 1988
Per a unanimous vote of the City Council the City Clerk read, by title
only, on first r�adino, Ordinance 7, 1988, settino forth that the City
Council shall hold four Regular Meetings oar ,, ^onth, preceded by Worksho;�)
",etinos.
PETITIONS AND
COW LNI CA T ION5
RENAMING OF
P.B.I.A.
Mayor Feeney acknowledged a .letter received from Paul J. Kerns, 10193 N.
Military frail, seeking support to have Palm Beach International Airport
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CITY COLNCIL REGULAR MEETING, 2/4188 PAGE 13-
renamed in honor of Captain David McCampbell. The City Council stated
they would consider a resolution to name the North County General Aviation
":rpox t ,,;"tar i,1pts10 David McCampbell.
ITEMS FOR
DISCUSSION
FEBRUARY 18, 1988
MEETING WITH
F.B. COIL TY _ the Council agreed to meet with representatives of P. E. at the i�sA
Sheraton on Thursday, February 18, 1988, at 5:30 P.M. to discuss concerns
re: proposed annexation. The City Manager was ,irected to set up this
meeting and to also invite the press.
ADJOURNMENT There being no further business to discuss, the meeting was adjourned at
1:02 A.M.
APPROVAL
MAYOR FEENEY COLNrILMAN ALDREG
VICE MAYOR MARTINO COUNCILWOMAN MONROE
LINDA M. N.INO, CMC, CITY CLERK
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COL&CILMAN KISELEWSKI