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HomeMy WebLinkAboutMinutes Council 010589CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS JANUARY 5, 1989 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 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 tailed the roll and present were: Mayor Feeney, Vice Mayor Martino, Councilman Aldred, Councilwoman Monroe and Councilman Kiselewski. APPROVAL OF MINUTES The minutes of the Regular Meetings of 11/17/88 and 1211188 and the Workshop Meeting of 12/8188 were unanimously approved as written. ANNOUNCEMENTS Mayor Feeney announced there would be meetings of the Planning and Zoning Commission, Recreation Advi -sory Board and Palm Beach Gardens Fire AM Department Inc, on Tuesday, January 10, 1989, at 7 :30 P.M. Mayor Feeney announced there would be a meeting of the Beautification and Environmental Committee on Wednesday, January 11, 1989, at 7:30 P.M. COMPREHENSIVE LAND USE PLAN UPDATE Mr. Seymour Fine, Chairman of the City's Comprehensive Land Use Plan Committee, and Mimi Howard & Terry Clark of Resource Engineering & Planning, City - Contracted Planning Consultants, addressed the City Council re: proposed Comprehensive use plan /map for the City; and reviewed the synopsis of the adoption schedule. The City Council will meet with tt�e Comprehensive Land Use Plan Committee and representatives of Resource Engineering and Planning on Monday, January 16, 1989, at 7:30 P.M. ITEMS BY THE CITY MANAGER BIDS FOR SUIT VEHICLES Per the recommendation of the City Manager, the City Council unanimously mr CITY COUNCIL REGULAR MEETING, 1, /5/89 PAGE 2 appr_:au the purchUbr of ;ou,, new 1989 large -size Police Pursuit Vehicles from Jack Wilson Chevrolet in St. Augustine, Florida, in the amount of $46,448 to be taken from Account 08- 54.10. BIDS FOR POLICE MOTORCYCLES Per the recommendation of the City Manager the City Council unanimously approved the purchase of 2 new 1989 Police Motorcycles from Palm Beach Kawasaki in the amount of $11,800 ($13,600, less $1,800 trade in) each, total amount of $23,600, to be taken from Account 08- 54.10. SCHOOL BOARD REQUEST The City Manager referenced a letter from the Palm Beach County School Board requesting the City inform developers they would like 20 acres donated to the School Board as future building sites. The City Manager stated the School Board is asking for an additional increase of 2 mills for capital improvements and would like a bill passed by the legislature to bypass any local zoning regulations. Vice Mayor Martino requested the City Council pass a Resolution at their next meeting opposing any such measures and have it forwarded to the legislature. FIRE DEPARTMENT The City Council thanked the Fire Department and volunteers for making the new Fire Rating of "4" possible. APPEAL - WATERWAY CAFE BARGE The City Manager stated he has appealed the ruling of the Site Plan & Appearance Review Committee, at their regularly- scheduled meeting of 12/6/88 for location of a barge within waterway at "Waterway Cafe" on the south side of PGA Boulevard, immediately west of the Intracoastal Waterway. The City Manager stated he objected to the ruling because he did not feel it was satisfactorily determined whether the barge was a structure or a vessel. The City Manager requested the owner of the CITY COUNCIL REGULAR MEETINi,, 1/5/89 PAGE 3 "Watr wdy Caf,,, to pruv +d .hc City with documentation from d structural engineer that the barge met all the Criteria necessary to be classified in the City of Palr,i Beach Gardens as a structure; including proper ties to the dock, properly anchored to the bottom land. In reviewing the records submitted, signed by a structural engineer but not sealed, there were qualifications, but led the City Manager to believe the engineer was not sure whether to classify the barge as a vessel or a structure. In addi- tion, the City Manager had a letter from the Department of Business Regulations stating their position was the barge behind the restaurant may not be a part of their licensed premises unless it is permanently attached to the dock and rendered inoperable. If it is able to be moved or the intent to operate it for any other reason, they may not serve any alcoho- lic beverages on it. The Waterway Cafe holds a RCPO /SRX License which does not allow package sales and does not allow alchoiic beverages to be taken off the premises. If the barge is movable and therefore not con- sidered a part of the license, the owner can be charged administratively If they allow patrons to take alcoholic beverages on it. Mayor Feeney read an excerpt from a lette received from the owner of the Waterway Cafe, referring to the barge as a "boat ". Attorney Shaw, representing "Waterway Cafe ", addressed the City Council, stating the City staff at the meeting of the Site Plan and Appearance Review Committee, stated the barge was a structure under Palm Beach Gardens Codes. Mr. Shaw, referencing Condition 2 of the Appeal which stated sufficient rear -yard setback was not established, stated there is not rear -yard setback on the Intracoastal in Palm Beach Gardens, and there is sufficient precedent to support that statement. The 3rd ground of the CITY COUNCIL REGULAR MEETING, 1/5/89 0 'MS BY THE YOR AND COUNCIL PAGE 4 Apps,; state.: there is ru aocumentation by the petitioner of the Army Corp of Engineers allowing the structure in the Intracoastal waterway. Attorney Shaw stated this is not a proper matter for Site Plan Review, feeling that any other licensing, zoning or use considerations should be reviewed 1n a different context. Attorney Shaw stated the law supports his position that the Army Corp of Engineers does not have jurisdiction over the structure in question. It was unanimously agreed that this item would be recessed to a Special Regular Meeting of the City Council of Thursday, January 12, 1989, at 8:00 P.M. so that a representative of the Department of Business Regulation, Coast Guard and the County could be in attendance to determine who has jurisdiction over the vessel. VICE MAYOR MARTINO All members of the City Council expressed care and concern for Captain Clark and Lieutenant Marts who are in Gardens Hospital having bypass surgery and wished them and their families well. Vice Mayor Martino requested the City staff take more care in the keeping of official records on all projects of the City. Vice Mayor Martino stated any documents presented to the City by a petitioner be signed and sealed on each end every copy to avoid confusion. One copy should be catalogued by the City Clerk's Office and put in a "do not touch" file until the petitioner's request has he approved. COUNCILMAN KISELEWSKI Adding to Vice Mayor Martino's comments. Councilman Kiselewski requested 07-- CITY COUNCIL REGULAR MEETING, 1/5/89 PAGE 5 any notations adder i,r: nlans at meetings be transmitted to +he City Engineer for his interpretation. COUNCILWOMAN MONROE Councilwoman Monroe stated she is unhappy with the planters at the Winn -Dixie store at the corner of Northiake Boulevard and Military Trail. Councilwoman Monroe stated the trees are not very big and the planters are inappropriately sized for the area. Councilwoman Monroe stated if plans presented at a Council meeting are not correct, petitioners should have to come back after they have revised plans. COUNCILMAN KISELEWSKI Councilman Kiselewski stated there are boats at the Soverel Marina that have live - aboards. Vice Mayor Martino stated the recent Soverel PUD Ordinance that was recently passed clearly prohibited live- aboards. OR FEENEY Mayor Feeney stated Hank Skokowski, when petitioning for PUD approvals up within the PGA National PCD, advised the City how each PUD reflected on the overall density. Mayor Feeney stated there was an article in the Palm Beach Post Times which stated the capacity for PGA Boueevard was 42,000 trips per day; and requested the Director of Planning and Zoning to keep the City Council abreast, as projects come through, of what capacity is being used as subsequent projects are being approved. Mayor Feeney stated a young boy was hit by a truck on No11y Drive the other day and requested information re: that accident. The City Manager stated the boy, who had a hearing problem, was riding a skateboard and rode out into the roadway in front of the truck. The accident happened just east of the I -95 overpass. Vice Mayor Martino stated there is a lot of skateboarding there because of the slope from 1 -95 and felt the church should put up a sign discouraging skateboarders. CITY COUNCIL REGULAR MEETING, 1/5/89 PAGE 6 ?n response to Mavfr :eFnPv, the Citv Manager stated Seacoast Utility is now operating under the Seacoast Utility Authority and bonds will be sold on February 7, 1989. Mayor Feeney expressed his concern that the City Manager was over - burdened by this extra work and stated he hoped the City Manager could be relieved of that extra duty in the near future. RESOLUTIONS RESOLUTION 105,1988 Mrs. Chris Wigdahl of the Adams Investment Company addressed the City Council stating they were requesting a total of 9 signs that would be 18" high, 16' long with I" letters. Per a unanimous vote of the City Council the Deputy City Clerk read, by title only, Resolution 105, 1988, amending Resolution 73, 1987, adopted 9/3/87, which approved signage for "The Financial Center" PUD (now known qW as "Oakbrook Corporate Center ") created 9/25/86 & 12/14/86 by Ordinances 17 & 25, 1986, providing for tenant signage for placement on the buildings. Mr. Foland of Baron Sign Company, signed three copies of the approved plans, noting the exact size of the signs. Resolution 105, 1988, was unanimously approved by the City Council. RESOLUTION 106,1988 Per a unanimous vote of the City Council the Deputy City Clerk read, by title only, Resolution 106, 1988, authorl7ing the Mayor a^. City Clerk to execute a contract by and on behalf of the City for the employment of Paul Quick as Tennis Professional and the operation of a Tennis Pro Shop. Resolution 106, 1988, was unanimously approved by the City Council. RESOLUTION 1,1989 Per a unanimous vote of the City Council the Deputy City Clerk read, by title only, Resolution 1, 1989, approval of the plat for the .71 -acre "Garden Trail" multi - family PUD created 4/14/88 by Ordinance 16, 1988, and CITY COUNCIL REGULAR MEETING, 1/5189 14 PAGE 7 amended 121liuB by Ordinance 48, 1988, on the west side of Military Trail, between Lilac Street and Holly Drive. Resolution 1, 1989, was unanimously approved by the City Council. RESOLUTION 2,1989 Mr. Irvin Keel, authorized agent for Donnini Enterprises, addressed the City Council, outlining modifications to the plan as requested by the City Council. At the request of the City Council, Mr. Keel stated the mansard will be continued all the way around the building and that olleanders would be substituted for the proposed trees on the north side of the building. Mayor Feeney declared the Public Hearing open. Mr. Steve Mathison, attor- ney for Gadco, requested the City Council impose impact fees on this car wash in the same manner that they were placed on the car wash at the Gardens East Shopping Center. Mr. Mathison stated he approved of the plans for this car + „ash. There being no further comments from the public, Mayor Feeney declared the Public Hearing closed. Per a unanimous vote of the City Council the Deputy City Clerk read, by title only, Resolution 2, 1989, modification to the "conditional uses” in the CG -1 (General Commercial) Zoning District, orovid'ng for a "mechanized car wash" within a .72 -acre parcel, which includes the present location of the "Gulf" service station on the southeast corner of Alternate A -I -A and Lighthouse Drive, at 9730 Alternate A -1 -A, Palm Beach Gardens, Florida. Resolution 2, 1989,• was unanimously approved by the City Council. ADJOURNMENT There being no further business to discuss, the meeting was adjounred at 11:10 P.M.