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HomeMy WebLinkAboutMinutes Council 090789CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS SEPTEMBER 7, 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 Trail, Palm Beach Gardens, Florid?; 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, and Councilman Russo. Councilman Kiselewski was not in attendance as he was out -of -town. APPROVAL OF MINUTES The minutes of the Regular Meeting of 8/17/89 were unanimously approved as amended. ANNOUNCEMENTS Mayor Martino announced there would be a meeting of the Code Enforcement �— Board on Monday, 9/ii/89, at 7:30 P.M. in the Assembly Room, and a meeting of the Planning and Zoning Commission on Tuesday, 9/12/89, at 7:30 P.M. in the Assembly Room. ITEMS BY THE CITY MANAGER AWARDING OF BID - LIGHTING OF BALL - FIELDS Per the recommendation of the City Manager, the City Council unanimously approved awarding the bid for lighting of certain ballfields within the City as advertised 812/89 and opened and read at the Regular Meeting of 8/17/89, to American Lighting and Maintenance for $124,815. The money is to be taken from the Recreation Impact Fee Fund. MEMO FROM COUNCILMAN KISELEWSKI RE: SIGN PERMITS The City Manager stated he received a memo from Councilman Kiselewski go stating the City Manager did not have the authority to issue sign permits relating to certain zoning classifications that are Pot include^ in the CITY COUNCIL REGULAR MEETING, 917/89 is PAGE 2 Ci t, s Sign Code. Per a unanimous vote of the City Council the City Manager was authorized to continue approving issuance of these sign permits as has been done in the past. Mayor Martino, the City Manager, and City Attorney have sche- duled a meeting tomorrow morning to discuss amendments to the Sign Code that will solve this problem. BURNS ROAD IMPACTS The City Manager stated he is trying to get together will all developers that are involved with projects impacting traffic on Burns Road so that a combined effort for improvements Can be accomplished. REPORTS COUNCILMAN RUSSO Councilman Russo reported attending a meeting of the Recreation Advisory Board where discussions took place re: purchase of the Naval Reserve Ask Building and Lake Catherine status. Councilman Russo stated the Board was unanimously in favor of the City's purchase of the Naval Reserve Building on Riverside Drive for recreational use. The Recreation Advisory Board also emphasized the need to replace a minimun,nf 4 ballfields that the City will lose when the Lake Catherine area is developed. Councilman Russo reported attending a meeting of the Boys and Girls Club, stating a party is planned fcrr Saturday 10121/89 behind the courthouse on PGA Boulevard. The City Council agreed that a Teen Club through the Recreation Department should still be pursued once the Naval Reserve Building is purchased, and should be considered a separate entity from the Bays and Girls Club. COUNCILWOMAN MONROE Councilwoman Monroe stated a Teen Club in Palm Beach Gardens is a oeod idea, but also felt that the teens needed an area of vacant land where CITY COUNCIL REGULAR MEETING, 9/7/89 PAGE 3 they could :ongregate, feeling teens don't always appreciate structured programs within a building. Councilwoman Monroe reported attending a meeting of the Site Plan Review Committee where discussions took place re: proposed construction of Rosners on Northlake Boulevard. Councilwoman Monroe expressed concern that the City's Code only required 500 square feet for for a loading space, feeling this was not adequate. The City Council requested Richard Walton, Planning and Zoning Director, to research this problem and make recommendations to the City Council. Councilwoman Monroe stated she will nGt �e able to attend the next Code Enforcement Board meeting and requested another Council member attend in ® her absence. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON AGENDA KATHY AMENDS Kathy Ar,ands of Juniper Lane, PBG, addressed the City Council re: concerns with landscaping installed at "Gardens Trail ", stating hedging along the back has been omitted. The City Council directed City staff to research what was approved and if .ledges were required, inrorm the developer that they need to be installed. RICHARD GUANTT Richard Guantt, 4598 Juniper Lane, PBG, addressed the City Council expressing his concern with the cul -de -sac created on Holly Drive, stating school busses could not turn around. The City Manager stated the deve- loper has been contacted and has agreed when the cul -de -sac is finishea there will be sufficient room for a school bus to turn around. AdKSOLUTIONS RESOLUTION 71,1989 Mr. Richard Walton, Planning and Zoning Director, addressed il4 City CITY COUNCIL REGULAR MEETING, 9/7/89 0 PAGE 4 Council re: Montessori Learning Center proposed to be located on 1.53 acre Tract 13 of the PGA National Commerce Park within the southeast corner of PGA National PCD. Mr. Waicon stated the Planning and Zoning Commission recommended approval of this project with 5 conditions, all of which were agreed to by the petitioner. Mr. Alan Strassler, architect and authorized agent for Mary C. Sandrini, addressed the City Council, detailing elevations and landscape plans for this project. The City Council requested, and the petitioner agreed, to an additional 5 live oak trees on the south property line of the project (Northlake Boulevard), staggered between the trees on the landscape plan, to assist in providing protection should a vehicle drive off the road and onto the petitioner's property. The City Council requested this condition be added to the list of conditions recommended by the Planning and Zoning Commission. Per a concensus of the City Council the City Clerk read, by title only, Resolution 71, 1989, creating a Planned Unit Development for use as a Montessori Learning Center on Tract 13 of PGA National PCD. Resolution 71, 1989, was unanimously adopted by the City Council. RESOLUTION 72,1989 Per a concensus of the City Council the City Clerk read, by title only, Resolution 72, 1989, Authorizing the Mayor to execute the Contract for Purchase of a building located at 10170 Riverside Drive, Palm Beach Gardens, FL. Resolution 72, 1989, was unanimously adopted by the City Council. ODINANCES ORDINANCE 21,1989 Mr. Richard Walton, Planning and Zoning Director, addressed the City CITY COUNCIL REGULAR MEETING, 917189 11 PAGE 5 Council re: Ordinance 21, 1989, creation of the Prosperity Corporate Plaza PUD. Mr. Walton stated the petitioner has complied with all Council requests, except has not met with the Fire Marshall to resolve his cen- terns. Mayor Martino declared the Public Hearing open, which was duly advertised 8124/89, and held on the intent of Ordinance 21, 1989, rezoning from CN (Neighborhood Commercial) in part, and PO (Professional Office) in part, to PUB with underlying zoning of PO (Professional Office) District of the Palm Beach Gardens Code, to be known as Prosperity Corporate Plaza, and Site Plan approval for an office complex consisting of 3 three -story office buildings on 7.71 acr °s located on the southwest corner of RCA Boulevard and Prosperity Farms Road. There being no comments from the public, Mayor Martino declared the Public Hearing closed. The City Council directed the City Clerk to amend Ordinance 21, 1989, as follows: Last paragraph of Section 4., third sentence, chdnge Building Permit to "issuance of the Certificate of Occupancy, full or partial "; Section 5., second sentence, after "herein arid" insert "any roof mounted equipment exceeding the top parapet line "; add to Exhibit "2" of con- ditions, #5. "Petitioner will provide additional turning radius to get Into the north building, provide 2 fire hydrants at key locations as CITY COUNCIL REGULAR MEETING, 9/7/89 0 PACE 6 determined by the Fire Marshall, provide a break - through into the northern area of the project, and any additional requirements as mandated by the Fire Marshall ". The Petitioner further agreed to reverse the loading area and the dumpster site. Per a vote of 3 ayes and I nay of the City Council (with the Nay vote being past by Councilwoman Monroe) the City Clerk read, by title only, Ordinance 21, 1989, as well as all amendments to the Ordinance. Ordinance 21, 1989, was adopted by a vote of 3 ayes and I nay of the City Council. Councilwoman Monroe cast the nay vote stating she did not feel the project was appropriate for a residential area and because the traffic report did not have exact numbers and will put Prosperity Farms Road into a "DE" level of service. ORDINANCE 22,1989 Councilman Russo stated he would not be participating in discussions re: Ordinance 22, 1989, since he 1s Chief Financial Officer for the developer of this project. Mr. Richard Walton, Planning and Zoning Director, addressed the City Council, updating them on revised plans. Mr. Walton stated the Pet J oner has agreed to all conditions in Exhibit 112" of Ordinance 21, 1989. ThP City Council directed the City Clerk to amend Ordinance 21, 1989, as follows: Last paragraph of Section 1. will read "The Petitioner shall pay to the City of Palm Beach Gardens all City impact fees as follows: ". Mayor Martino declared the Public Hearing opc.., which was duly advertised 8/24189, and held on the intent of Ordinance 22, 1989, amendment to the e "Hidden Hollow" PUD, created 12/3/87 via Ordinance 16, 1987, located on the south side of Northlake Boulevard at Howell Lane; proposed *o consist CITY COUNCIL REGULAR MEETING, 917189 0 PAGE 7 of 37 single family units in lieu of the approved 50 multi- family units. 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, referencing the amendments, Ordinance 22, 1989. Ordinance 22, 1989, was unanimously adopted by the City Council. ORDINANCE 26,1989 Attorney Dennis Koehler, authorized agent for Health Care and Retirement Corporation, addressed the City Council re. Ordinance 26, 1989. Attorney Koehler requested and the City Council agreed to the following amendment to Ordinance 26, 1989: second paragraph of Section 2, second line, after "Petitioner shall convey ", change to read "to Palm Beach County forty (40') foot drainage easement west of the existing Prosperity Farmr Road west right -of -way line" within sixty (60) days....." Per a unanimous vote of the City Council the City Clerk read, by title only, referencing amendments, Ordinance 2£, 1989, amendment to 27.357 acre Prosperity Oaks PUD, created 2/7/85 via Ordinance 1, 1985, and amended 5!19/88 via Ordinance 23, 1988, to allow for a 1.15 -acre expansion of the permitted uses within CG -1 (General Commercial District) into that portion of the PUD currently designated RH (Residential High Density) District; site plan approval for a 46,662 square foot 120 -bed nursing home facility on Tract "J "; and release of existing Unity of Title. Ordinance 26, 1989, will be considered for second reading and adoption at the Regular Meeting of October 5, 1989. ORDINANCE 27,1989 Per a unanimous vote of the City Council the City Clerk read, by title 0 only, on first reading, Ordinance 27, 1989, granting an exclusive CITY COUNCIL REGULAR MEETING, 9/7/89 11 PAGE 8 franchise to Waste Management of Palm Beach for the collection of refuse within the City. Ordinance 27, 1989, will be considered for second reading and adoption at the Regular Meeting of September 21, 1989. ORDINANCE 28, 1989 Per a unanimous vote of the City Council the City Clerk read, by title only, on first reading, Ordinance 28, 1989, updating and re- establishing Retirement Plan for the General Employees of the City. Per a unanimous vote of the City Council the City Clerk read, by title only, on second reading on an emergency basis, Ordinance 28, 1989, updating and re- establishing the Retirement Plan for the General Employees of the City. The reason for the emergency reading was because Florida Statutes require an ordinance be implemented for all changes. This is Ordinance is in compliance with Part VII, Chapter 112, Florida Statutes and is retroactive to take effect for the actuarial evaluation of 7/1/88 for the P'an year 7/1/88 - 7/30/89. Ordinance 28, 1989, was unanimously adopted by the City Council. ITEMS FOR DISCUSSION GOLDEN BEAR PLAZA Attorney David Shaw, authorized agent for Golden Bear Associates, addressed the City Council re: amendment to Golden Bear Plaza PUD, created 3/16/84 via Ordinance 7, 1984, amended 9/1188 via Ordinance 33, 1988, to allow for (1) additional major tenant identification signage on the existing chevron shaped sign wall; (2) signage for the Town and Country Animal Hospital; (3) construction of a chevron shaped sign wall to be located adjacent to and north of the existing sign wail; and (4) extending the hours of operation for the Executive Dining Club from 10:00 P.M. to 12:00 Midnight - Monday through Thursday, 1:00 A.M. - Friday through CITY COUNCIL REGULAR MEETING, 9/7189 Ash PASE 9 Sunday, and 2:00 A.M. for special events (e.g. New Year's Eve). The City Council expressed concern with the number of signs requested by the Petition on the chevron shaped walls and requested the Petitioner construct a wooden sign with cardboard letters, letting the Council know what day they would be put on the property, for their inspection. The City Council expressed no concerns with the extension of hours for the Executive Dining Club. The City Attorney was directed to prepare the necessary Ordinance for the next workshop meeting. GARDEN OAKS ESTATES Attorney Raymond Royce, authorized agent for Burg & DiVosta Corporation, addressed the City Council re: Garden Oaks Estates - rezoning from PDA to PUD with uses designated in RM (Residential Single- Family District) and PO (Professional Office District) and site plan approval for the construction of 9CO dwelling units and a 4 -acre office park, proposed to be located on 239.49 acres located west of Prosperity Farms Road, between RCA Boulevard and Burns Road. Attorney Royce discussed elevations for the single family homes and "our - lex units as well as the office park. Attorney Royce stated there will be 6 different front elevations with 4 different pastel colors. Councilwoman Monroe stated she was not in favor of the office park, and requested an acrial showing vegetation as well as comments from Staff on where the City will have major impacts and Tosses. Councilman Russo stated he mould have to think more about the location of the office park, but stated he was not in favor of the location for the ® proposed community center site, feeling there would be more advantage to locating it closer to the road.