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HomeMy WebLinkAboutMinutes Council 1221890 CITY COUNCIL REGULAR MEETING " CITY OF PALM BEACH GARDENS DECEMBER 21, 1989 The Regular Meeting of the City Council of Palm Beach Gardens, Florida, was called to order by Mayor Martino in the Assembly Room of the Municipal Complex, 10500 North Militcry 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 Martino, Vice Mayor Aldred, Councilwoman Monroe, Councilman KiseIewski and Councilman Russo. ANNOUNCEMENTS Mayor Martino announced the Administrative Offices will be closed Monday, December 25, 1989 and Tuesday, December 26, 1989 in observance of the Christmas Holidays. Mayor Martino also announced that the Workshop Meeting of Thursday, December 28, 1989 will be cancelled. PROCLAMATIONS Mayor Martino read a Proclamation declaring January Voluntary Blood Donor Month in the City of Palm Beach Gardens, Florida. CALL FOR BIDS The City Manager reported that we had received 9 proposals for land deve- lopment regulations from Craig A. Smith & Associates of Palm Beach Gardens, Sieman, Larsen & Purdy, Boca Raton, Pianning Services of Stuart, Stanley Consultants of Florida, Inc., West Palm Beach, Land Research Management, Inc., West Palm Beach, Solin & Associates, Inc., Altamonte Springs, Design Plan /Research, Jupiter, and Springstead Engineering, Inc. of Leesburg, FL. Councilman Kiselewski moved that these proposals be remanded to the City Manager and the Director of Planning and Zoning for their evaluation and preparation of a shnrt list for final review by the by the City Council. Motion seconded by Vice Mayor Aldred. Motion was unanimously approved by Council. 0 CITY COUNCIL REGULAR MEETING, 12/21/89 fe PAGE 2 ITEMS BY THE CITY MANAGER The City Manager reported that he had given a list to the Council of the PUBLIC GOLr tentative time schedule to get the golf course under way. Mr. Orr COURSE reported that we needed to have a feasibility study done and that It would cost between $15,000 and $20,000. He reported that if we go through the bond sale, the monies for the feasibility study would be reimbursed from the bond issue. Mr. Orr feels that it is very important that we do the feasibility study in order to make sure what we are doing before we obli- gate ourselves to this sort of operation. Councilman Kiselewski wants an understanding with the golf course people that they have a commitment to this course before we go ahead with the feasibility study. Vice Mayor Aldred reported that he has a meeting with the golf course people on Saturday morning to discuss the type of lease and arrangement to assure ourselves that we will be repaid and the course will be managed properly. The City Manager explained the process of purchasing the land, building the course and management of the course. Mayor Martino feels that a feasibility study will determine the best course for the City to take, a managed course or do it ourselves, and feels that spending the money will give us the necessary information to make the decision. Vice Mayor Aldred feels that a feasibility study is needed. Councilman Russo recommends feasibility study even if the golf course does not come through, and maybe call upon the residents of the City with experience in golf, to give us some ideas and avenues to explore. Mayor Martino would like to ccnf"r,-, CITY COUNCIL REGULAR MEETING, 12/21/89 9 PAGE 3 the underwriter on January 4, 1990, and also have a copy of the contract to review. Mayor Martino requested the City Manager, City Attorney, and Vice Mayor Aldred come back with the recommendation as to when we should go with the feasibility study and why we should go ahead. Councilman Russo would like to know if they would be able to meet our time frame before we go ahead with the feasibility study. PRESENTATION Mayor Martino presented Mick Mrivnak with a plague commemorating his ser- vice on the Site Plan and Appearance Review Committee from July 198E to November 1989. REPORTS BY MAYOR MAYOR MARTINO Mayor Martino reported that he is serving on the Traffic Performance PStandards Committee and they are making some progress. COUNCILMAN Councilman Kiseiewski reported that the Solid Waste Authority met yester- KISELEWSKI day. Councilman Kiselewski explained that the Parker land was estimated between `12 117 +,_r a;•d yip million for the land value. The attorneys for wj icated that the County had upgraded the land around the Parker property and the land should be worth somewhere between $22 million and $23 million. Judge Lupo allowed testimony that indicated that Broward County paid for their landfills. The landfill valise per acre is more valuable than a residential lot. The Solid Waste Authority looked at all the information and determined that they would purchase the land for $19 million. 11 CITY COUNCIL REGULAR MEETING, 12/21/89 PAGE 4 COUNCILMAN RUSSO Councilman Russo requested information from the City Manager regarding the impact fee from Dr. Nicholas. Dr. Nicholas is under contract and will be getting with the Council when we finish with the last element of the Comprehensive Plan. COUNCILMAN Councilman Kiselewski reported that the Council members had received a KISEWELSKI revamped copy of the Sion Code based upon the discussions of last week. RESOLUTIONS Resolution 103,1989 Per a concensus of the City Council the City Clerk read, by title only, Resolution 103, 1989, reappointing Sam Carsillo and Bruce Brown and appointing Dan Eagle to the Code Enforcement Board. A motion was made by Councilman Kiselewski and seconded by Vice Mayor Aldred to approve Resolution 103, 1989. Councilwoman Monroe commented on the fact that as long as we have an Ordinance on the books of the City of Palm Beach Gardens that says a person on an Advisory Board will serve no more than G years unless there are not enough qualified people to choose from, she will be voting against this Resolution. Th,i motion to adopt Resolution 103, 1989 was approved by 4 ayes and 1 nay of the Council, with Councilwoman Monroe casting the nay vote. Resolution 104,1989 Per a concensus of the City Council the City Clerk read, by title only, Resolution 104, 1989, reappointing Norman Oulette, elevating Audrey Stehr from alternate to a member and appoint James J. Kuretski, Jr. as an alter- nate member of the Zoning Board of Appeals. A motion was made by Councilman Kiselewski and seconded by Vice Mayor Aldred to approve Resolution 104, 1989. The motion was unanimously approved. CITY COUNCIL REGULAR MEETING, 12/21/89 PAGE 5 • Resolution 105,1989 Rir`ar3 Wa'ton, of 'Planning and Zoning, addressed the Council regarding Resolution 105, 1989, indicating that these are temporary appro- vals until the hotel is built. Richard Lane, authorized agent for Soverel Harbour, presented samples of the materials to be used and a copy of the blueprints for the sign. Mr. Lane indicated that he has touched base with all the tenants, especially the River House, and there are no problems. Per a consensus of the City Council the City Clerk read, by title only, Resolution 105, 1989, approving temporary signage, landscaping and roadway improvements, and the placement of a 25 foot flagpole on a temporary basis, for a period of 3 years from date or issuance of a certificate of occupancy for the hotel complex, approved by Ordinance 33, 1988, depending which event shall first occur. Councilman Kiselewski made a 0 motion to approve Resolution 105, 1989, seconded by Councilman Russo. The motion was unanimously adopted. Resolution 106,1989 Richard Walton, Director of Planning and Zoning, addressed the Council regarding Resolution 106, 1989, indicating that all the conditions requested by the Council and Planning and Zoning had been incorporated into the Resolution. Mayor Martino was concerned whether the site is an outparcel. Mr. Walton reported that the latest site plan approved on the site showed a 4,000 square foot building could be built later. Mayer Martino requested that they set aside this Resolution and have the City Attorney and Planning Director pursue the site in line with the discussion and give the Council a firm recommendation as to 1) whether or note we have to grant any more square footable for any type of use on this site and 2) if we are expanding beyond the area that "was set aside ", how much r CITY COUNCIL REGULAR MEETING, 12121/69 PAGE 6 are we expanding beyond and can we open the whole site to our review so that we are sure there is compatiability with all that is happening in the center. Councilman Kiselewski made a motion that the Public Hearing on Resolution 106, 1989 be recessed until the January 4, 1989 Regular Meeting, at approximately 8:30 P.M., seconded by Vice Mayor Aldred. This motion was unanimously approved. Resolution 107,1989 Richard Walton, Director of Planning and Zoning, addressed the Council regarding Resolution 107, 1989, a Conditional Use requested by Discount Auto Parts Store. Mr. Walton informed the Council that Discount Auto Parts is also asking for additional approval of the site plan. They are trying to expand the conditional use to include all the building. They have agreed to all the conditions at the Planning and Zoning Commission and discussed last week at the Workshop Meeting. Mayor Martino opened the Public Hearing on Resolution 107, 1989. Lindsey Waiter, authorized agent for Discount Auto Parts Store, stated that they had recently submitted a revised landscape detail plan providing for an alternate species of tree in case the •1riginal is not available. The date of the drawings is December 18, 1989 instead of July 5, 1989. There being no comments from the Public, the Public Hearing was closed. Per a concensus of the City Council, the City Clerk, read, by title only, Resolution 107, 1989, approving the expansion of a conditional use per- mitting the retail sale of motor vehicle parts and accessories on the site located at 4213 and 4229 Northlake Boulevard in addition to the same prior conditional use approved for 4223 Northlake Boulevard. The City Clerk was CITY COUNCIL REGULAR MEETING, 12/21189 PAGE 7 C� directed to amend Resolution 107, 1989 as follows: Section 2, the date of the landscape plan is changed to 12118189 and on page 2, condition H, the word paper is deleted. Councilman Russo made a motion approving Resolution 107, 1989; seconded by Vice Mayor Aldred. The motion was unanimously adopted. Resolution 108,1989 Per the consensus of the Council the City Clerk read, by title only, Resolution 108, 1989, authorizing the Mayor and City Clerk to execute on behalf of the City an Interiocal Agreement with Palm Beach County which provides for the use of county road impact fees when collected from "The Oaks ", "Siena Oaks ", and "Gardens East Apartments" Planned Unit Developments, for road improvements on Burns Road. Councilman Kiselewski made a motion to adopt Resolution 108, 1989, seconded by Councilman Russo. The Council unanimously approved the motion. ORDINANCES Ordinance 45, 1989 Per a unanimous vote of the City Council the City Clerk read, by title only, on first reading, Ordinance 45, 1989, approving a Comprehensive Lald Use Plan for the City. Tk. City Council wiri cons' - second and final reading of Ordinance 45, 1989, at their Regular Meeting of 1/4/90. n U CITY COUNCIL REGULAR MEETING, 12/21/89 PAGE 8 is ITEMS FOR DISCUSSION SALES CENTER FOR LAKE CATHERINE Richard Walton, Director of Planning and Zoning, addressed the Council regarding the location of A model and temporary sales trdller. The con- cerns are that they are being developed separately. One concern is that the model is being developed with two curb cuts on MacArthur Boulevard and the other is the timing of the construction of each of these. Attorney Royce, authorized agent for Burg & Divosta, addressed the Council, requesting that they build the model unit, 105' from right -of -way. The Petitioner would like to allow parking on grass as it currently exists, instead of building a parking lot. Attorney Royce felt if the development is successful, they will not have to have a temporary sales center, but instead do the sales from the model unit. However, if sales are slower, the Petitioner is requesting that a temporary sales center be approved. Councilman Kiselewski is concerned with the number of cuts off of MacArthur Boulevard. Councilman Kiselewski suggested that they allow the parking on the grass on the north side. Charles Hathaway, vice President of Burg & Divosta, agreed with Councilman Kiselewski. Mayor Martino requested that plans be revised to reflect that change. Mayor Martino requested the documentation by the 28th of December and the Resolution will be considered for approval at the next Regular Meeting of January 4, 1990. Attorney Royce informed the Council that they had received approval by South Florida Water Management, and the permit will be issued next CITY COUNCIL REGULAR MEETING, 12/21/89 0 PAGE 9 week. They intend to start construction on Lake Catherine Park on January 3, 1990. PLATS 3 AND 4 OF NORTHCORP Richard Walton, Director cf Planning and Zoning, addressed the Council regarding the development of Plats 3 and 4 of Northcorp. Mr. Walton suggested that we proceed with a city initiated rezoning for a PCD requiring that each of the individual lots on the plat would come back under the PUD catagory to provide more flexibility and to minimize the piecemeal development on the site and also continue with the restriction of limiting of traffic with the plat. Attorney Lawrence Smith, authorized agent for Petitioner, addressed the Cregarding the following concerns: 1) One of the Comprehensive Land Use Plans provisions is the MXD District. Mr. Smith stated he would not have a problem with the MXD designation on this property as a requirement con- tained there as all projects come back as PCD's or PUD's. 2) The timing of the adoption of the Comprehensive Land Use Plan with regard to con - currency. Mayor Martino reported that it was agreed to by the Traffic P Performance Standards Advisory Committee that the County Commission should adopt a position that would grant previous approvals to all municipal petitions that are in process and have been sanctioned by the planning departments to have a development order that consists of a master plan, suggestions of density /intensity and some type of traffic analysis. If it meets this criteria, it has vesting prior to February 1, 1990. After February 1, 1990, anything that comes into any municipal city hall, will be reviewed based on the unincorporated traffic performance standards as CITY COUNCIL REGULAR MEETING, 12/21/89 PAGE 10 they exist on the books today. Mayor Martino feels that the project Attorney Smith represents would be a vested project because of the plat maps they have cn file. Attorney Smith requested that they be put on the agenda prior to the Comprehensive Land Use Plan adoption and also have the first reading of the rezoning of the PCD /PUD on January 4, 1990. They have prepared con- sents to rezoning to give the City the assurance that they are not going to withdraw a petition and are consenting to the rezoning of PCD /PUD to the individual parcels. Attorney Brant recommended that the consent form include that no building permit will be issued while this rezoning process is taking place. Councilwoman Monroe objected to circumvention of concurrency. Mayor Martino requested the traffic trips be presented to the Council as soon as possible. It was the concensus of the City Council to have the City Attorney, Richard Walton and the City Clerk prepare the necessary advertisements. 11