HomeMy WebLinkAboutMinutes Council 050489CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
MAY 4, 1989
The Regular Meeting of the City Council of Palm Beach Gardens, Florida,
was called to order by Mayor Martino at 8:00 P.M. in the Assembly Room of
the Municipal Complex, 10500 North Military Trait, 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 Martino,
Counci woman Monroe, Councilman Kiselewski, and Councilman Russo.
Vice Mayor Aldred arrived at the meeting at approximately 8:45 P.M.
APPROVAL OF
MINUTES The minutes of the Regular Meeting of 4/20/89 and the Workshop Meeting of
4127/89 were unanimously approved as written. Councilwoman Monroe
abstained from voting on the minutes of 4/20/89, stating she was not in
attendance at that meeting.
14OUNCEMENTS Mayor Martino announced there would be a meeting of the Planning and
Zoning Commission on Tuesday, May 9, 1989, at 7:30 P.M.; a meeting of the
Palm Beach Gardens Fire Department, Inc., on Tuesday, May 9, 1989, at 7:30
P.M.; a meeting of the Beautification and Environmental Committee or,
Wednesday, May 10, 1989, at 7:30 P.M.; and a meeting of the Comprehensive
Land Use Plan Committee on Wednesday, May 10, 1989, at 7:30 P.M.
ITEMS BY THE
CITY MANAGER
INfERLOCAL AGREE-
MENT - SIDEWALK _ The City Council unanimously approved an Interlocal Agreement for Palm
Beach County to fund, up to $22,000.00 for the City's construction of a
sidewalk on the south side of Burns Road, from Alamanda Drive to an
existing sidewalk 380' east of Alamanda Drive.
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CITY COUNCIL REGULAR MEETING, 514189 PAGE 2
SOLID WASTE
AUTHORITY INTER -
LOCAL AGREEMENT The City Council unanimously approved the execution of a Recycling Grant
Application from the Solid Waste Authority.
MUTUAL AID
AGREEMENT
The City Council will discuss the possibility of a Mutual Aid Agreement
for fire departments in the north end of the County in an effort to com-
bine r.aources.
REPORTS
MAYOR MARTINO
Mayor Martino reported attending a meeting of the Site Plan and Appearance
Review Committee meeting on Tuesday, May 2, 1989, the minutes of which are
on file in the office of the City Clerk.
COUNCILMAN
KISELEWSKI
Councilman Kiselewski stated he has a copy of a Technical Paper on the
Management of the Solid Waste Authority and rsquested copies be sent to
each Council member.
COUNCILMAN RUSSO
Councilman Russo reported attending a meeting of the Recreation Advisory
Board on Tuesday, May 2, 1989, the minutes of which are on file in the
office of the City Clerk. At this meeting it was emphasized how important
it was to get the cooperation of the schools in order to have the
recreation facility space that is needed.
1TEMiS BY THE
MAYOR AND COUNCIL
COUNCILMAN
KISELEWSKI Councilman Kiselewski thanked the City Manager for having the Department
Heads submit a 6 -month report to the City Council.
Councilman Kiselewski referenced a letter from the City Manager stating
what projects still owed recreational impact fee, and questioned when this
money would be collected.
CITY COUNCIL REGULAR MEETING, 5/4/89
PAGE 3
Councilman Kiselewski, referencing a letter from the Oakbrook Corporate
Center re: modifications because of problems with FOOT, requested they
come back before the City Council for approval of the modifications since
they were a PUB.
COUNCILMAN
RUSSO
Councilman Russo outlined modifications that needed to be made in the
City'° Codes re: impact fees formulas. The City Council will consider
these changes at a future meeting.
COUNCILMAN
KISELEWSKI
Councilman Kiselewski states the light is functioning at PGA and Central
Boulevards. Mayor Martino thanked Councilman Kiselewski for his work he
has done in getting this light turned on.
COMMENTS FROM
'E PUBLIC
SAM CARSILLO
Mr. Sam Carsillo, resident of Palm Beach Gardens, addressed the City
Council with several concerns.
RESOLUTIONS
RESOLUFION 26,1989
Per a consensus of the City Council the City Clerk read, by title only,
Resolution 26, 1989, ratifying, confirming and approving the appointment,
by the current four members, of a fifth member of the Board of Trustees of
the Policemen's Retirement Trust Fund.
Resolution 26, 1989, was unanimously approved by the City Council.
ORDIN0.NCES
ORDINANCE 50, 1988
Mayor Martino gave each member of the City Council a revised "Exhibit C"
far Ordinance 50, 1968.
Mr. Hank Skokowski of Urbar Design Studio, authorized agent for Mr.
Vincent J. Pappalardo, addressed the City Council re: Ordinance 50, 1988,
CITY COUNCIL REGULAR MEETING, 5/4/89
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PAGE 4
cic,atiun ui "Garden:, Walk" PUD, with land uses permitted being those as
setforth in the CG -1 (General Commercial) Zoning District of the Palm
Beach Gardens Code. Mr. Skokowski outlined amendments to the proposed
plan. Mr. Kahart Pinder, traffic consultant for the City, addressed the
City Council re: traffic, stating the amended project presented no appre-
ciable change in traffic and trip generations.
Mayor Martino declared the Public Hearing open, which was duly advertised
2/1/89, and recessed from the City Council Regular meetings of 2/16/89,
3/16/89 and 4/6/89, and held on the intent of Ordinance 50, 1988, creation
of "Gardens Walk" PUD, with land uses permitted being those as setforth in
the CG -1 Zoning District of the Palm Beach Gardens Code.
The City Council and the petitioner agreed to amend Exhibit "D ", by adding
Am
IV the following sentence to paragraphs 3 & 5: "Evidence of the Department of
Highway Safety and Motor Vehicles' concurrence will be provided to the
City."
There being no further comments from the public, Mayor Martino declared
the Public Hearing closed.
The Council agreed to additional amendments to Ordinance 50, 1988, as
follows: Page 2, Section 2, #2(b) , second line, to read "first permit
issued by the Building Department "; Page 3 of Exhibit "D", LANDSCAPING,
Item N 2, insert 14,000 into the PGA Boulevard Landscape Median
Improvement Fund prior to the issuing of the first building permit."
The City Council directed the Building Official that the firs*_ building
permit on any project included a permit for building foundation and slab
permit. The City Council will act on this item at the end of their agenda
this evening.
CITY COUNCIL REGULAR MEETING, 5/4/89
PAGE 5
Per a vote of 4 ayes and 1 nay of the City Council the City Clerk read, by
title only, Ordinance 50, 1988. Councilwoman Monroe cast the nay vote,
stating she had requested more creative design on this site in order to
save larger areas of vegetation, landscaping on the sides of the building
not coinciding with what the City Council has been trying to attempt in
the past, and disagreeing with the trip generation rate used by the peti-
tioner.
Per a vote of 4 ayes and 1 nay, with Councilwoman Monroe casting the nay
vote for reasons stated above, Ordinance 50, 1988, was approved by the
City Council.
ORDINANCE 4,1988 Mr. Tom Beard, representing Garden Lakes residents, addressed the City
Council re: Ordinance 4, 1988. Mr. Beard stated they have reached an
agreement with the Department of Transportation whereby they will be per-
mitted to remove the chainlink fence and allow the construction of the
wall.
The City Council agreed to the following amendments to Ordinance 4, 1988:
Section 1., date of plans change to April 27, 1989, consisting of 7 pages
with a Job No. 67079.4; and Section 1., create a second paragraph, to add
the following sentence: "No permit shall be issued for construction oil the
wall until authorization is granted by the DOT and FOOT for removal of the
existing chainlink fence ".
Mayor Martino declared the Public Hearing open, which was duly advertised
3/1/89, and recessed from the City Council Regular Meeting of 3/16/89,
416189 and 4/20/89, and held on the intent of Ordinance 4, 1988, amending
the 103.4 -acre "Garden Lakes" Comm : rcial /Multi- Family Residential PUD
created 2/16/78 via Ordinance 18, 1977, providing for the construction of
CITY COUNCIL REGULAR MEETINa, 514/89
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PAGE 6
a oufier landscape and wall along their easterly and northerly property
lines fronting on North Military Trail and the Interstate -95 off -ramp.
There being no comments from the public, Mayor Martino declared the Public
Hearing closed.
Per a unanimous vote of the City Council the City Clerk read, by title
only, Ordinance 4, 1989. Ordinance 4, 1999, was unanimously adopted by
the City Council.
ORDINANCE 7, 1989 Mayor Martino declared the Public Nearing open, which was duly advertised
416/89, and held on the intent of Ordinance 7, 1989, amending 4.5 -acre
"Gardens Plaza" PUD, with certain uses as permitted in the City's CG -1
Zoning District, created by Ordinance 3, 1985, on the southeast corner of
PGA Boulevard and Fairchild Gardens Avenue, providing for a three year
extension of the permissible time for completion of the project.
Per a request from the petitioner, the City Council unanimously approved
recessing this Public Hearing to their Regular Meeting of June 15. 1989,
at approximately 8:00 P.M.
ORDINANCE 8, 1989 Attorney Ray Royce, legal counsel for the petitioner, addressed the City
Council re: Ordinanc^ 8, 1989. Attorney Royce expressed his concern with
the new Pro -used Section 50. Mayor Martino stated this section
refers to new funding sources to pay for new growth, through special
taxing districts. This section is asking the developer to recognize the
need for such a district, if it is ever needed, and to be part of that
district if there is benefit to that property. Attorney Royce offered an
amended Section 50., which was accepted and approved by the City Council
to be incorporated into Ordinance 8, 1989.
Mr. Skokowski pointed out all thoughts of the City Council from the last
CITY COUNCIL REGULAR MEETIN3, 5/4/89
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PAGE 7
meeting nave been Incorporated into the Ordinance. The City Council
requested, and the petitioner agreed, to c'iange Section 45 to Section 44,
making Section 44 the new Section 45 and adding the following sentence to
the end of the new Section 45: "Providing in any event that the petitioner
prior to filing a PUD application shall meet with the Planning and Zoning
Director or his designee to review the site pertaining to existing shrub-
bery and vegetation on site".
Councilman Kiselewski stated it is assumed that the City will abandon
Avenue of the PGA and a portion of Holly Drive, however, questioned wnere
in the Ordinance did it state we were giving them this approximately 20
acres of land and what the City would get in return.
Mayor Martino declared the Public Hearing open, which was duly advertised
4120189 and held on the intent of Ordinance 8, 1989, rezoning 1312.85
acres, including the site commonly known as "J.D.M. Country Club" located,
in general, between PGA & Northlake Boulevards and N. Military Trail & the
Turnpike, to PCD (Planned Co..,rn,unity District).
Several residents of the Longwood Condominiums addressed the City Council
with concerns re: fence on the JDM property adjacent to their property.
The City Council requested, and the petitioner agreed, to move the fence
back from the Longwood property and make the fence shorter.
Mr. Steve Burcini, resident on Howell Lane, expressed his concern with the
amount of traffic that will be going past his home on Howell Lane.
Councilwoman Monroe stated the petitioner could consider builoing a noose
on the northwest corner of the property In an effort to buffer traffic
noise for Mr. Burcini's property. Mr. Burcini also expressed his concern
®
that the developer will use Howell Lane for construction traffic, however,
CITY COUNCIL REGULAR MEETING, 514/89 PAGE 8
Mr. Sknkowsk', s4at -:: 'hey would only use property front4Sc on Northlake
Boulevard to access the site.
In response to Mr. Adoph of Longwood Condominium, Section 23 of Ordinance
8, 1989, was amended to read: "The Applicant shall provide for the
landscaped cul -de -sac construction of Avenues of the PGA and Holly Drive
as noted on the Master Plan. This shall be accomplished no later than 24
month. after PCD approval is granted, or within 90 days of the completion
of the new main access road from PGA Boulevard, whichever occurs first."
There being no further comments from the public, Mayor Martino closed the
Public Hearing.
Mr. Hansen of Hansen - Florida, Inc. addressed the City Council, thanking
their consultants and City staff for working together on this project.
Mr. Hansen stated they are in the process of executing a contract with Mr.
Arnold Palmer who will be associated with the project for a minimum of 10
years, and will jointly manage the country club.
It was approved by the City Council to amend Section 21, by adding the
following sentence after the second sentence: "Determination of cost to
developer for lands abandoned, if any, shall be determined by the City
Council in the event of such procedure."
In response to Vice Mayor Aldred, the petitioner agreed to consider the
possibility of removing the fence adjacent to the Longwood Condominiums in
the event that the City Council and the JDM petitioner can agree on the
treatment with the petitioner that develops the piece of property on PGA
Boulevard.
By a unanimous vote of the City Council the City Clerk read, by title
®
only, Ordinance 8, 1989, as amended.
CITY COUNCIL REGULAR MEETING, 5/4189
PAGE 9
Orl:i,a^ce S, 11Sy, waa adapted by the City Council by a vote of 4 ayes and
1 nay. Councilman Kiselewski cast the nay vote, stating he felt what the
project does for the people does not properly reflect what is will do to
all of the people, referencing what he felt was incomplete traffic flow
analysis and other impacts that will occur on the perimeter roads.
ORDINANCE 9. 1989 By a unanimous vote of the City Council the City Clerk read, by title
only, on first reading, Ordinance 9, 1989, annexation of 2.57 -acre parcel
within Section 8 -42 -43 on the west side of Prosperity Farms Road, approxi-
mately 700' south of RCA Boulevard.
The City Council will workshop Ordinance 9, 1989, on May 11, 1989, and
consider second reading and adoption of same at their Regular Meeting of
June 1, 1989.
ODINANCE 11, 1989 By a unanimous vote of the City Council the City Clerk read, by title
only, on first reading, Ordinance 11, 1989, rezoning of 2.57 -acre parcel
within Section 8 -42 -43 on the west side of Prosperity Farms Road, approxi-
mately 700' south of RCA Boulevard, from Palm Beach County Designation of
RS (Residential Single Family) to Planned Unit Deveopment (PUD) for a
Social Club Headquarters (non- profit), under the City's RS -4 (Residential
Single Family District) zoning classification.
The City Council will workshop Ordinance 11, 1989, on May 11, 1989, and
consider second reading and adoption of same at their Regular Meeting of
June 1, 1989.
ORDINANCE 10, 1989 By a unanimous vote of the City Council the City Clerk read, by title
only, on first reading, Ordinance 10, 1989, creation of a PUD, with those
uses permitted in the City's GU - Governmental Use zoning district,
enabling development of a High School on a 60 -acre parcel located on the
CITY COUNCIL REGULAR MEETING, 5/4/89 PAGE 10
south side of Donald Ross Road, between Military Trail and Central
Boulevard.
The City Council will consider second reading and adoption of Ordinance
10, 1989, at their Regular Meeting of May 18, 1989. Mayor Martino
announced theie will be a Public Informational Workshop for Ordinance 10,
1989, on Thursday, May 11, 1989.
ITEMS FOR DISCUSSION
HIGH SCHOOL PUD Mr. Skrimser of the Palm Beach County School Board addressed the City
Council re: Ordinance 10, 1989, creation of a PUD with those uses per-
mitted in the City's GU - Governmental Use zoning district, enabling deve-
lopment of a high school facility on a 60 -acre parcel located on the south
side of Donald Ross Road, between Military Trail and Central Boulevard,
Mr. Skrimser referenced Section 2 of Ordinance 10, stating he was
agreeable to having the recreational facilities and libraries, etc.
available to the public, however, stating that the costs of electricity
and custodial service should be paid by the City for the hours it was
available to the public.
Section 3 of Ordinance 10 was amended to read "Site drainage and, if
requir 1; wotlard5 .,ee• "• Referen0 rg Section 7, re: Pd rkway System on
Central Boulevard, the petitioner stated another 50' added to the green
area on Central Boulevard would not be a problem. It was determined that
Section 9 of Ordinance 10, 1989, stating the applicant shall obtain a Com-
mittment letter from SEaccast Utilities for the Connection of water and
sewer facilities prior to opening the school for occupancy, still needs
further discussion and will be negotiated between representatives of the
School Board and City staff.
CITY COUNCIL REGULAR MEETING, 5/4/89
11
PETITIONS AND
COMMUNICATIONS
COUNCILMAN
KISELEWSKI
OTHER BUSINESS
0
ADJOURNMENT
PPPROVAL
0
PAGE 11
The City Council will hold a Public Informational Workshop meeting on this
issue on Thursday, May 11, 1989. The City Council requested the School
Board be in attendance with all graphs, drawings and consultants necessary
to answer any inquiries the public may have.
Councilman Kiselewski acknowledge receiving several letters from residents
of the Palm Beach Gardens area stating their concerns with the proposed
high school facility.
The City Attorney was directed to draft a policy statement that covered
the Council's policy that when any condition in an ordinance is based on a
building permit, that included a slab and foundation permit; and further
requested that the Building Official be advised of this policy.
There being no further business to discuss the meeting was adjourned at
12:30 a.m.
i
11 /
MAYOR MARTINO
VICE MAYOR ALDRED
A r , —ifs fiPia, CITY CLERK
COUNCILWOMAN MONROE
JCOUNCILMAN KISELEWSKI
/ .7
` .`COUNCILMAR RUSSO