HomeMy WebLinkAboutMinutes Council 111689Ll
CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
NOVEMBER 16, 1989
The Regular Meeting of the City Council of Palm Beach Gardens, Florida,
uas called to order by Mayor Martino 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 secretary called the roll, and present were Mayor Martino,
Councilwoman Monroe, and Councilman Russo. Vice Mayor Aldred
was not in attendance due to a previous business commitment. Councilman
Kiselewsai was not in attendance as he was in Tampa, along with the City
Manager, at a conference regarding Solid Waste.
ANNOUNCEMENTS
Mayor Martino announced there would be a meeting of the Policemen's
Retirement Trust Fund Board on Monday, 11/20189, at 5:30 P.M.; the Code
Enforcement Board on Monday 11120189, at 7:30 P.M.; the Merit System Board
on 11/21,89 at 7:30 P.M.; a Public Golf Course Feasibility Workshop on
11/21/89 at 7:30 P.M.; the Landscape & Tree Preservation Ordinance
Committee on 11122/89 at 7:30 P.M.; the Comprehensive Lana Use Plan
Workshop on 11/27/89 at 7:30 P.M.; and the Planning and Zoning Commission
on 11/28/89 at 7:30 P.M.
Mayor Martino stated Councilwoman Monroe had a conflict with the date for
the Public Golf Course Feasibility Workshop on 11/21/89 at 7:30 P.M., and
since it was felt all Council members should be present for this meetinc,
it would be rescheduled.
Mayor Martino announced the City's Administrative Offices would be closed
Thursday, 11/23/89 and Friday, 11124/89, in observance of the Thanksgiving
holiday.
IOLL
FOR BIDS
Edward Mitchell, Assistant to the City Manager, opened and read the
CITY COUNCIL REGULAR MEETING, 11/16/89
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PAGE 2
following bids for two 1980 fire engines for use by the City of Palm Beach
Gardens Fire Department, as advertised 10/12/89:
parley & Company
$342,780.00
Emergency One, Inc.
301,515.10
FMC Kenworth of Tampa
391,356.00
Kovatch Mobile Equipment
334,118.00
Pierce Fire Apparatus
317,780.00
Quality Manufacturing
358,630.00
Seagraves Fire Apparatus
312,026.00
Sherwood Pontiac -GMC Truck
NO BID
Southern Corp.
353,290.00
Ten-8
313,866.00
A motion was made by Councilwoman Monroe,
seconded by Councilman Russo,
to remand the bids to the City Manager and
Fire Chief for their review and
recommendation. The motion was unanimously adopted.
ITEMS BY THE
CITY MANAGER
9
ACE ALLOCATION
STUDY
Edward Mitchell informed the City Council that an advertisement has been
placed in the Palm Beach Post Times for a Request for Qualifications for a
Space Allocation /Facilities Needs Study to be received by the City no
later than Monday, January 8, 1990.
CHRISTMAS PARADE
Edward Mitchell stated the Christmas Parade would be this Saturday, and
the Council is requested to be at Amara Temple Shrine at 9:30 P.M. to ride
in the oarade.
RESORTS BY MAYOR
AND CITY COUNCIL
MAYOR MAPTINO
Mayor Martino reported attending a meeting of the Traffic Performance
Standards Advisory Committee on Wednesday. Mayor Martino also attended a
meeting of the Planning and Zoning Commission on Tuesday, minutes of which
are on file in the Planning and Zoning Department.
COUNCILMAN .USSO
Councilman Russo reported attending a meeting of the Teen Gro-o whe -e
CITY COUNCIL REGULAR MEETING, 11/16/89 PAGE 3
Ah
pl},i ,r,�r� disLC >�rd another teen party. The group discussed the
possibility of monthly street parties being sponsored by different asso-
ciations such as the Chamber of Commerce, Kiwanis Club, etc.
Councilman Russo stated he attended a meeting of the Volunteer Fire
Department on Tuesday, where he was informed of all the new facilities
they have to cover.
ITEMS BY THE MAYOR
AND CITY COUNCIL
MAYOR MARTINO Mayor Martino announced the Art Advisory Committee will meet 11122189 at
7:30 P.M.
RESOLUTIONS
RESOLUTION 93,1989 Per a concensus of the City Council the Secretary read, by title only,
Resolution 93, 1989, approving the temporary relocation of approved
building sign from Tower II to Tower I for the Admiralty II PUD.
A motion was made by Councilman Russo, seconded by Councilwoman Monroe to
approve Resolution 93, 1989. The motion was unanimously adopted.
RESOLUTION 94,1989 Per a concensus of the City Council the Secretary read, by title only,
Resolution 94, 1989, approving temporary tennis facilities for Phase I of
Parcel 28 located within the JDM PCr, approved via Ordinance 8, 1989.
A motion was made by Councilwoman Monroe, seconded by Councilman Russo,
for the adoption of Resolution 94, 1989. The motion was unanimously
adopted.
RESOLUTION 96,1989 Per a concensus of the City Council the Secretary read Resolution 96,
1989, appointment of 7 Regular and 2 Alternate members to the City's
Planning and Zoning Commission, inserting the names Jeffrey Ornstein, Aldn
4 Strassler, Mike Rosen, Domenick Lioce, James E. Leatherman, Donald Vogel
CITY COUNCIL REGULAR MEETING, 11/16189
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PAGE 4
and Jack White as members and Rebecca S. Serra and Joseph A. Hamzy, Jr. as
alternate members.
A motion was made by Councilman Russo, seconded by Councilwoman Monroe to
approve Resolution 96, 1989. Councilwoman Monroe felt there were
qualified people who have served less than 6 years, but in the spirit of
cooperation would vote in favor of the Resolution. Thy motion, =o adopt
Resolution 96, 1989, was unanimously approved.
The City Council unanimously approved the City Attorney being in atten-
dance at the Organization Meeting of the newly appointed Planning and
Zoning Commission.
RESOLUTION 97,1989 Per a concensus of the City Council the Secretary read, by title only,
Resolution 97, 1989, approval of an Interlocal Agreement far the widening
of Burns Road.
A motion was made by Councilman Russo, seconded by Councilwoman Monroe for
the adoption of Resolution 97, 1989. The motion was unanimously adopted
by the City Council.
RESOLUTION 98,1989 Per a concensus of the City Council the Secretary read, by title only,
Resolution 98, 1989, appointment of a member to the Art Advisory
Ccmmittee.
A motion was made by Councilman Russo, seconded by Councilwoman Monroe, to
appoint Paul Aho as a member to the Art Advisory-Committee. The motion
was unanimously adopted by the City Council.
RESOLUTION 99,1989 At the request of the petitioner, Resolution 99, 1989, approval of Plat
for Parcel 1, Phase I, JDM PCD, was removed from the agenda.
40
CITY COUNCIL REGULAR MEETING, 11/16/89
ORDINANCES
PAGE 5
ORDINANCE 31,1989 Per discussions with the petitioner, City staff, and the City Council the
following amendments were directed to he made to Ordinance 31, 1989:
TITLE: 7th Line - Change number of exhibits to 18;
TITLE: Change 14th & 15th tine to read: "PROVIDING FOR PROCEDURE BY
RESOLUTION FOR AMENDMENT OF LANDSCAPING AND SIGNAGE BY THE
CITY COUNCIL;"
,)ection 1, first paragraph: Change number of exhibits to 18.
Section 1, second paragraph: Change number of single family residen-
ces to 416 and multi- family residences to 484.
Section 5, second paragraph: Change beginning of paragraph to read:
"The Petitioner shall clear the proposed park per the
direction and approval of the City Forester in
conjunction....."
Conditions:
® # 3, line 2: add "up to two (2) turning lanes ";
Condition # 13: Delete original condition 413 and renumber remaining
conditions.
Add Condition # 14: Prior to the issuance of Certificates of
Occupancy for any residential units located in Phase I and
Phase lI of the Multi- Family portion or in Phases I or III
of the Single - Family portion of the Master Site Plan,
Gardens East Drive from the Project Driveway on Gardens
East Drive north to RCA Boulevard, including intersection
improvements (at the intersection of Gardens East Drive
and RCA Boulevard and at the intersection of the Project
Driveway and Gardens East Drive) _hall be complete and
open to the public. Upon the completion of this roadway
section and these intersection improvements, the
Petitioner shall be entitled to construct all residential
units in Phases I and II of the Multi- Family portion and
all residential units in Phase 1 and III of the
Single - Family portion of the Master Site Plan.
Add Condition # 15: Prior to the issuance of Certificates of
Occupancy for any residential units located in Pha ^,s !if
or IV of the Multi- Family portion or in Phases II r IV of
the Single- Family portion of the Master Site Plan, Gardens
East Drive from the Project Driveway on Gardens East Drive
® south to Burns Road, including intersection improvements
(at the intersection of Gardens East Drive and Burns Road)
shall be complete and open to the public. U;nn the
CITY COUNCIL REGULAR MEETING, 11/16/89
PACE 6
c�,�,pluclun of this roadway section and this intersection
improvement, the Petitioner shall be entitled to construct
all residential units in Phases III and IV of the
Multi - Family portion and all residential units in Phase
11 and IV of the Single- Family portion of the Master Site
Plan.
Add Condition # 16: All Burns Road improvements shalt be in accordance
with the Roadway Master Plan to be developed by the City
of Palm Beach Gardens for the widening of Burns Road from
Prosperity Farms Road to the east right -of -way of I -95.
Ado Conditon # 17: The four (4) acre portion of the Master Site Plan
located on the northwest corner of Burns Road and
Prosperity Farms Road shall be considered an out - parcel,
the use and design of which shall be approved by resolu-
tion at a duly advertised public hearing. The possibility
of roadway access to the out- parcel through the preserve
area west of the out - parcel shall be preserved by the
Petitioner.
The City Council will not sign Ordinance 31, 1989, until all amendments
have been made to the original document.
Mayor Martino declared the Public Hearing reopened, as recessed from the
City Council Regular Meeting of 11!2/89, and duly advertised 10119/89, and
held on the intent of Ordinance 31, 1989, rezoning from PDA to PUD, with
uses designated in RM (Residential Single - Family District) and Site Plan
Approval (THE OAKS) for the con; `ruction of dwelling units proposed to be
located on 239.49 acres located west of Prosperity Farms Road, between RCA
Boulevard and Burns i.oad.
Mr. Gary Nagle, 2560 prosperity Oaks Court, addressee the City Council
expressing his opposition to the residential use on the out - parcel,
stating he would prefer to see commercial usage as originally submitted.
Mr. Steve Asklin, 2600 Prosperity Oaks Court, addressed the City Council
expressing his opposition to the residential use on the out - parcel,
® stating he would prefer to see commercial usage as originally submitted.
Mr. Norm Duchorne, 2610 Prosperity Oaks Court, addressed the City Council
CITY COUNCIL REGULAR MEETING, 11/16/89
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stating he preferred the originally proposed commercial usage on the out -
parcel. Mr. Duchorne was concerned with the buffer proposed for the resi-
dential usage, however, stated he would be interested in seeing less dense
residential usage for this area.
Mr. Tom Kirk, 2590 Prosperity Oaks Court, addressed the City Council
statipa he was opposed to the residential use on the out - parcel and pre-
ferred commercial usage.
Mr. Charles Dodge, resident of Town0aks, addressed the City Council
stating he was most concerned with traffic for either proposed residential
or commerciaT on the out - parcel.
Mr. Vernon Tuthman, 1058 Oak Tree Drive, addressed the City Council
stating he was concerned with possible traffic problems.
Mr. John Hewett, 8 Alnwick Drive, addressed the City Council stating he is
concerned with a possible traffic problem once Campus Drive is opened and
Burns Road is four- lanRd.
There being no further comments from the public, Mayor Martino declared
the Public Hearing closed.
Per a unanimous vote of the City Council the Secretary read, by title
only, on second and final reading, as amended, Ordinance 31, 1989.
A motion was made by Councilman Russo, seconded by Councilwoman Monroe, to
adopt Ordinance 31, 1989, as amended. Ordinance 31, 1989, was unanimously
adopted by the City Council.
ORDINANCE 34,1989 Richard Walton, Planning and Zoninq Director, addressed the City Council
re: Ordinance 34, 1989, stating there were no staff concerns with
Ordinance 34, 1989.
Mayor Martino declared the Public Hearing open, which was duly ?dvertised
CITY COUNCIL REGULAR MEETING, 11/16/89
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10/19/89, 10/26/89, 11/2189 and 11/9/89, and held on the intent of
Ordinance 34, 1989, annexation of 4.648 acres located on the south side of
Northlake Boulevard and on the east and west sides of Dania Drive.
There being no comments from the public, Mayor Martino declared the Public
Hearing closed.
Mayor Martino stated the City has received comments from Palm Beach County
agreeing with the annexation of this property.
Per a unanimous vote of the City Council the Secretary read, by title
only, on second and final reading, Ordinance 34, 1989.
A motion was made by Councilman Russo, seconded by Councilwoman Monroe, to
adopt Ordinance 34, 1989. Ordinance 34, 1989, was unanimously adopted by
the City Council.
IRDINANCE 35y 1989 Richard Walton, Director of Planning and Zoning, addressed the City
Council re: Ordinance 35, 1989, stating the Ordinance should be revised to
reflect the correct date of the Landscape Plans to be October 24, 1989;
and that Section 5. should include subsequent amendments and signage
amendments shall be reviewed and approved by the City Council by sub-
Sequent Resolution.
Mayor Martino declared the Public Hearing open, which was duly advertised
11/2/89, and held on the intent of Ordinance 35, 1989, rezoning of 4.648
acres from Palm Beach County designation of RM (Multiple - Family
Residential District - Medium Density) to PUD (Northlake Center) with
underlying zoning of PO (Professional Office), located on the south side
of Northlake Boulevaro and on the east and west sides of Dania Drive.
There being no comments from the public, Mayor Martino declared the Public
Hearing closed.
CITY COUNCIL REGULAR MEETING, 11/16/89
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Per - una muruus vote of the City Council the Secretary read, by title
only, on second and final reading, Ordinance 35, 1989, as amended.
A motion was made by Councilman Russo, seconded by Councilwoman Monroe,
for the adoption of Ordinance 35, 1989, as amended. Ordinance 35, 1989,
was unanimously adopted by the City Council.
ORDINANCE 36,1989 Richard Walton, Planning and Zoning Director, addressed the City Council
re: Ordinance 36, 1989.
1989:
The City Council directed the following amendments to Ordinance 36,
Condition # 18: Add the following sentence: "Any amendment to the
location of said pathway shall be approved by the
City Council by subsequent resolution.
Add the following conditions:
® Condition # 19: Two pathways, each a minimum of 5 feet in width,
shall be constructed on the 60 foot right -of -way
portion of Alamanda Drive.
Condition # 20: The Petitioner agrees to pay for a traffic signal
at the intersection of Prosperity Farms Road and
the school access road if such signal can be
Installed during the period of time that the deve-
loper is constructing the infrastructure and the
performance bond, letter of credit, or escrow
agreement referred to in Section 3 of chis
Ordinance shall include provisions for the costs of
such traffic signal.
Condition # 21: Petitioner shall construct the pathway, a minimum
of 5 feet in width, along the west side of
Prosperity Farms Road and the school access road,
if such construction is permitted by Palm Beach
County.
Condition # 22: All Burns Road improvements shall be in accordance
with the Roadway Master Plan to be developed by
the City of Palm Beach Gardens for the widening of
Burns Road from Prosperity Farms Road to the east
right -of -way line of 1 -95.
CITY COUNCIL REGULAR MEETING, 11/16189
PAGE 10
Condition # 23: The Petitioner shall grant to the City of Palm
Beach Gardens by plat or otherwise, a perpetual
access easement for the school access road from
Prosperity Farms Road to the eastern property line
of the Planned Unit Development prior to construc-
tion of such roadway.
Mayor Martino declared the Public Hearing open, which was duly advertised
11/2/89, and held on the intent of Ordinance 36, 1989, rezoning from RM,
Residential Multiple - Family (Medium Density) to PUD, with uses designated
in RM, Multiple- Family (Medium Density) District and site plan approval
(Siena Oaks) for the construction of 299 single - family dwelling units on
73.44 acres located approximately 500 fet south of Burns Road and approxi-
mately 300 feet west of Prosperity Farms Roar', adjacent to Allamanda
Elementary School.
® Mr. Maurice Longo, 932 Evergreen Drive, North Palm Beach, addressed the
City Council stating the surrounding neighbors met with The Engle Group,
who agreed to approximately 10 conditions, which he hoped had been incor-
porated into this Ordinance. Mayor Martino stated there were 13 items
agreed to, and each and every condition has been incorporated into the
Ordinance or it's conditions.
Mr. Ralph Corey, 2589 Pepperwood Circle, North Palm Beach, addressed the
City Council stating with the use of the land that is to be deeded,
expressly a concern with the misuse of the bus loop by those who may com-
mit robberies. Mayor Martino informed Mr. Corey the School Board has con-
sidered the possibility of installing barriers when the road is not in use
by school buses.
There being no further comments from the public, Mayor Martino declared
the Public Hearing closed.
Per a unanimous vote of the City Council the Secretary read, Ly title
CITY COUNCIL REGULAR MEETING, 11116/89 PAGE 11
only, on second and final reading, Ordinance 36, 1989, as amended.
A motion was made by Councilman Russo, seconded by Councilwoman Monroe, to
adopt Ordinance 36, 1989, as amended. Councilwoman Monroe stated she is
compromising because there is a major preserve area in this development.
However, Councilwoman Monroe requested the City staff be informed that if
there is another project such as this she would tike to see creative
design work in an effort to save more trees.
Ordinance 36, 1989, was unanimously adopted by the City Council.
ORDINANCE 39,1989 Per a unanimous vote of the City Council the Secretary read, by title
only, on first reading, Ordinance 39, 1989, amending Zoning District
designations contained in Chapter 155, The Sign Code. (Clerical update of
existing code to bring the zoning classifications in line with the current
districts.
Per a unanimous vote of the City Council the Secretary read, by title
only, on second and final reading, on an emergency basis, Ordinance 39,
1989. The basis for the emergency reading is clerical correction causing
staff to be at an impasse by virtue of questions posed in following the
legal requirements.
A motion was made by Councilman Russo, seconded by Councilwoman Monroe, to
adopt Ordinance 39, 1989. Ordinance 39, 1989, was unanimously adopted by
the City Council.
ORDINANCE 32,1989 Per a unanimous vote of the City Council the Secretary read, by title only
on first reading, Ordinance 32, 1989, amendment to Prosperity Centre PU0
created 10/20/88 via Ordinance 32, 1988, by eliminating the hotel complex,
is extending the boundary to incorporate two tracts of adjacent parcels con-
sisting of .50+ acres (currently zoned CG -1) and .849+ acres (currently
CITY COUNCIL REGULAR MEETING, 11/16/89
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under Palm Beach County zoning designation RS, Single Family Residential),
with the permitted uses as those set forth in CG -1 of the PBG Code; and
site plan approval for retail, office and restaurant uses on 11.330 acres
located south of PGA Boulevard, east of Prosperity Farms Road.
The City Council will consider second and final reading of Ordinance 32,
1989, at their Regular Meeting of 12/7189.
ORDINANCE 33,1989 Per a unanimous vote of the City Council the Secretary read, by title
only, on first reading, Ordinance 33, 1989. amendment to the City's
Comprehensive Land Use Plan adopted 11/21/85 via Ordinance 22, 1985, pro-
viding for "Commercial" land use designation on .649 acres located south
of PGA Boulevard, east of Prosperity Farms Road.
Agh The City Council will consider second and final reading of Ordinance 33,
1989, at their Regular Meeting of 1217/89.
ORDINANCE 40}1989 Per a unanimous vote of the City Council the Secretary read, by title
only, on first reading, Ordinance 40, 1989, amendment to Gardens East PCO,
created 3/5/87 by Ordinance 2, 1987, to allow 10 dwelling units per acre
on a 29.5 acre tract (248 units) and 13.04 dwelling units per acre ): a
15.5 acre tract (202 units), to be evenly distributed (10 dwelling units
per acre) across both tracts, totalling 45 acres, while maintaining the
total number of allowable units (448 units) and elimination of the ACLF
facility.
The City Council will consider second and final reading of Ordinance 40,
1989, at their Regular Meeting of 1 ?;7/89,
ORDINANCE 41, 1989 Per a unanimous vote of the City Council the Secretary read, by title
only, on first reeding, Ordinance 41, 1989, amending Section 35.16 of the
City Code on nepotism,