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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. L] 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 E 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 0 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 r 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