HomeMy WebLinkAboutMinutes Council 090188EIL
CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
SEPTEMBER 1, 1988
The Re,
uldr Meeting of the City Council of Palm Beach Gardens, Florida,
was tailed to order by Mayor Feeney at lO:Cl P.M., subsequent to the
ad7ourrment of a Workshop t ?eettng, in the Assembly Room of the 14unicioal
r;w�}nieY, _009 i},r�'w ••9il`,tar;, Tra°.i, Palm Beach Gardens, Florida.
POLL CAI€. The City Clerk calla: the roll and present were: Mayor Feeney, Vice Mayor
Martiro, Councilman Aldred, Councilwoman Monroc and Councilman Kiselewski.
APPROVAL
OF
MINUTES
The City Council unanimously approved, as
written, the minutes of the
Workshop and Regular Meetings of 8 /'_S;03
and tre Special Meeting of
8/25/38.
ITEMS BY
CITY
ANAGER
A.PPrIAL -
a103IL C'i�
SEP'diC-
STATION
The City Mananer stated this was an appeal
to a decision of the Site Plan
ar,d Appearance Review Committee's July 5,
1988, ruling re: Mobil Oil
S-- r v!ce Station located on the northwest
corner of Northlake Boulevard and
Keating Drive, Palm Beach Gardens, based
on the traffic considerations and
three engineering problems that existed at the time. The City Manager
stated the engineering problems have been properly addressed. The City
,Janacer stated the City's engineer has reviewed the traffic anaiysi� sub -
^isted by Walt;r Keller and Associ,tss and agrees that it makes sense to
close off two of the existing 5 ingress and egress points to a ^commodate
cnly 3 entrances and to as,ist the tankers.
Mr. Neil Criliy, authorizeJ agent for the Mobil 0;1 Service Station,
daressed the City Council, stating after amendments to their proposed
p ans the Site Plan and Appearance Review Committee appro —H their peti-
CITY COUNCIL REGULAR MEETING, 911/88
PEOREI -.TiON
ADvi. 1pY
Feu 2,`-tTiON _AND
ITEMS BY MAYOR
ti'D CITY CJUhN.'1L
COUNCILMAN ALDRED
PAGE 2
tion by a vote of 6 to 1. Air. Crilly reviewed proposed plans for the ser-
vice station improvements. The petitioner and City Council discussed
traffic flow on site and impacts on Keating Drive and Northlaka Boulevard.
Councilman Kiselewski states a,s object,on to this plan is the 50i
increase in capacity on such ? small si +.e. Councilwoman Monroe felt the
flow of traffic on site was poor. Councilman Aldred stated petitioner
produced a traffic statement that cur engineer agreed with, and based on
this information, Councilman Aldred stated he agreed with the City's traf-
Fic axperts. Vice Mayor Martino stated overall, aesthetically, the pre-
sented plans are an improvement, hoi,ever he is uneasy with the amount of
islands, etc., that has been put on this site. Vice Mayor Martino stated
'hc wculd vote yes because he felt the overall improvements would be a
benefit to the City. Mayor Feeney felt the station needed to be improved
and on that basis agreed with the proposed plans.
By a vote of 4 ayes and 1 nay the motion for the appeal was denied,
alID,ging the decision of the Site Plan and Appearance Revie, Committee's
.July 5, 1988 ruling to stand. Councilwoman Monroe cast the nay vote
because she felt the flow of traffic on site could be improved.
T`^ :.ity Manager stated the City's Recr- 'ion ',jvisory Board has requested
a ,icint meeting with the City Councii on Wednesday, September 20, 1988.
The Cizy Manager stated the Foundation Land Company has a plan for the
North County and will make a preseritation to the City Council on
Wednesday, September 14, 1988. After this date the Foundation will make a
presentation to the County.
car,,cilman Aldred stated last Friday there were people soliciting for
CITY COUNCIL REGULAR MEETING, 9/1/88
PAGE 3
I.ee;i i'c« ' wno „iv e:ot have a ;permit to solicit and were soliciting
after dark. Council^ian Aldred stated our codes permitted soliciting after
dark however, felt the code should be amended to not permit solicitation
after dark, on S!indays ,.nd n,,t prior to noon on Saturdays. The City
;grayer scaced tricre car:;cn oe an hour put on soliciting, except after
dark. The City Attorney was directed to provide the City Council, in
writing, his opinion on what controls can be set on solicitors.
VICE MAYOR
MARTINO Vice Mayor Martino gave the City a contribution from the Palm Beach
Gardens Youth Athletic Association for $1,000 based on non - resident fees
they collected.
Vice Mayor Martino stated there was a dangerous situation at Northlake
3oulevard and McArthur Boulevard because traffic is allowed right turns
-w1rh a red light as well as u- turns. Vice Mayor Martino felt a sign
should be installed at this location stating "no turns on red ".
The Cicy Council requested the Police Chief research this problem.
COUNCILWOMAN
MONROE Councilwoman Monroe expressed concern with decisions of the Zoning Board
of Appeals granting variances for self- inflicted hardships.
Councilwoman Monroe stated some time ago the City Council agreed to go
elong with what the Site Plan and Appearance Review Corrnittee suggested in
tc-iri of •a 15' landscape strip along Northlake Boulevard; and Councilwoman
Ilanroe would like to see the City put this on the books.
COU,NC T L`lAN
KISELEWSKI Corncilman Kiselewski requ ?sted the City Council schedule the revised Sign
Code on a future workshop agenda so that it can be finished and adopted.
MAYOR F, -ENEv 'Mayor Feeney stated he received a telephone call from a resident who is
Mencerned about the strobe Tieht from the communications t..= that was
constructed at Kelsey that is shining in her bedroom window. The City
CITY COUNCIL REGULAR MEETING, 9/1/88
PAGE 4
i,�3° gu._taM ;r, poi act Lake Park to see if lig'r i could be
redirected.
RESOLUTIONS
RESOLUTION 62,1988 Per a concensus of the City Council the City Clerk read, by title only,
,a:,c!L'ti cn 52, '33C, tiiG City i•tanager to file an application
requesting the City's portion of the Palm Beach County Surcharge Award
Program Funds.
Resolution 62, 1988, was unanimously approved by the City Council.
RFSOLUTIeil 63,1953 Mr. john Bourassa of ,fate's Florida, Inc., addressed the City Council
detailing plans showing entrances and exits to the food cu rt at "The
Gardens" regional shopping mall. Mayor Feeney stated the City is in
receipt of a letter from '1r. Tom Cair;es of the mall stating they will
have security throughout the mall which will preclude the movement of
alcoholic beverages in the mall proper and they will be contained in the
°ood court section. It was determined the hours of operation for the mall
will be 10:00 a.r,,. - 9:00 p.m. Monday through Saturday, and 12:00 - 5:00
p.m. on Sunday.
Mayor Feeney declared the Public Hearing open. There being no comments
rrom the public, Mayor Feeney declared the Public Hearing closed.
Per the concensus of the City Council the City Clerk read, by title only,
Resolution 63, 1938, amending the 100.2 -acre "The Gardens" regional
shopping mall PL'D (created 11115/84 via Resolution 62, 1984, and amended
5115/36 via Resolution 21, 1986) providing for the sale /service of beer
t:nd wine, for on- and off- premise consumption at "Nate's Deli" proposed to
r;a a food :ourt tenant (3act)on L located at the upper level of the mall)
in Space rL -219 of "Tho Gardens" shopping mall, 3101 PGA Boulevard, Palm
9cach Gardens.
CITY COUNCIL REGULAR MEETING, 9/1/88
PAGE 5
53, .,.,,7� 3,,upted by the City Council by a vote of 4 ayes
and I nay, with Mayor Feeney casting the nay vote. Mayor Feeney cast the
nay vote beczuse he felt the food court area of the mall was not the
appropriate ~lace for alcoholic beverages.
t ~u ccrcens s o,, tre C;cy Council the City Clerk read, by title only,
Resolution 64, 1988, variance to the distance requirement of 750' between
alcoholic beverage vendors, providing for the sale /service of beer and
wine, for on- and off - premise consumption at "Nate's Deli" proposed to be
a food court tenant (Section L located at the upper level of the mall) in
Space ff L -219 of "The Gardens" shopping mall, 3101 PGA Boulevard, Palm
Beach Gardens.
Resciution 6a, 1988, was unanimously adopted by the City Council.
ESOLu €TICK 65e:96F 'is, Lynn Peterson, President of Galyn, Inc., addressed the City Council
re., R-- solution 65, 1988, modification to "conditional uses" in the CG -1
(general Commercial) Zoning District, providing for the retail
nel,�'service of alcoholic beverages, for on- premise consumption at "The
Conedy House" proposed to be located within "The Harbour Shoppes" at 2401
PGA Boulevard; and introduced Mr. Walter Wolfe, Director of
Operations /General Counsel for Lincoln Properties, owners of the "Harbour
Shoppes ". Councilwoman Monroe stated the parking survey presented by Mr.
41Clfe was done within the last week, however, felt it would not reflect the
osrking problems during the season when winter residents and tourists
would be back in the area. The City Attorney stated, in his opinion, this
type of use would be a conditional use in the CG -1 General Commercial use,
feeling the requested bus;ness would fall under a "theater'.
+aZor reeney declared the Public Hearing open.
Per the concensus of the City Council the public hearing was recessed
2
CITY COUNCIL REGULAR MEETING, 9 /1/88
PAGE 6
ii1 t;c Cit Cuuii, i i ,egular Meeting of October 13, iyd8, to allow the
petit'oner to apply for a conditional use to allow a "theater" in this
zoning classification and to resolve oarking problems.
RMILUTION 66,1980 Mayor Feeney declared the Pu!olic Hearing open. Per the eonc2n5us of the
Cs t,s biic r'tar ng for Tesoiu icn be, 1988, ;arIaice to the
jistance requirement of 750' between alcoholic beverage vendors, providing
for the retail sate /service of alcoholic beverages, for art- prernise con -
sump`ion, at the "Comedy House ", proposed to be lccated within "The
Harbour Shoppes" at 2401 PGA Boulevard, was recessed until the City
Council Regular Meeting of Octoue r 13, 1988.
RESOLUTION 67,1988 Per the concensus of the City Council the City Clerk read, by title only,
Resolution 67, 1988, creation of "Fairway Villas" PUD, proposed to consist
of 46 multi - family units (23 duplexes) and be located within 9.22 -acre
M -20 Tract of the PGA National PCD (site of "Arrowwood" multi - family PUD,
consisting of 56 townhouse units, approved 2/16,84 by Resolution 7, 198,1).
Resolution 67, 1988, was unanimousl; approved by the City Council.
RESOLUTION 68,1338 Per the concensus of the City Council the City Clerk read, by title only,
Resolution 68. 1988, abandonment of utility and drainage easements incon-
sistent with those within the "P.G.A. Resort Community Plat of Heather
Pun" approved 10115187 by Resolution 65, 1987, which is a replat of 17.107
acres of the 26.23 -acre "P.G.A. Resort Community Plat of Dunbar Weeds"
a ,3proved 2116/84 by Resolution 8, 1984.
Resolution 68, 1988, was unanimously approved by the City Council.
RESOLUTION' 69..988 Per the concensus of the City Council the City Clerk read, by title only,
Resolution 69, 1938, dmenoing the "Preston Lakes" PUD created 11/6/86 by
Resolution 50, 19K{, on 5 -11 Tract of the PGA National PCD.
Pesclutinn 69, 1588, was unanimously approved by the City Council.
CITY COUNCIL REGULAR MEETING, 911/88 PAGE 7
RESOLUTION 70,1988 Council the City Clerk reap, by title only,
Resolution 70, 1988, replatting the "PGA Resort Community Plat of Preston
Lakes" approved 12/18/86 by Resolution 63, 1986.
Resolution 70, 1988, was unanimously approved by the City Council.
nc�r', 8S *'e Ccncz; sus ;hc C--.y Council the City Clerk read. by .,tie eniy,
Resolution 71, 1988, entering into a Stipulation Agreement with City of
Rivie,a Beach re: City of Pala Beach Gardens annexation via Ordinance 1,
1933, adopted 214/88, of 15.01 -acre "Parcel 15" a part of 2,202.8939-acre
`South Annexation, Including Steeplechase" approved by the electors
/8i 33.
Resolution 71, 1988; was unanimously approved by the City Council.
RESOLUTION 72,1953 Par the concensus of the City Council, Resolution 72, 1988, execution of
agreement with Palm Beach Gardens Nigh School re: use of City's swimming
cool, was postponed until the City Council has had the opportunity to
review the fee structure. The City Council requested a representative
from the School Board attend the meeting. The City Council had no objec-
tions to the swimming team commencing their practice sessions.
, :ESOLUTION 72,1988 Per the concensus of the City Council the City Clerk read, by title only,
Resolution 73, 1988, authorizing the Mayor and City Clerk to execute an
errplryment agreement between the City and the Palm Beach County Police
3, ?Peanlent Association for the 1988/1989, 198911990, and 199011991 fiscal
R, °solution 173, 1988, was unanimously approved by the City Council.
CTTY COUNCIL REGULAR MEETING, 911/88 PAGE 8
Am
� 1 Section 32- 41 -43; and locatea„ in general,
between the unincorporated subdivisions commonly known as "Cabana Colony"
and "Frenchman's Creek" and Alternate A -1 -A & Prosperity Farms Road.
ORDINANCE 31,1988
Mayor Feeney declared tho Public Hearing open, which was duly advertised
3;/83, 8i:.0 186, 8YI7183 and 3124188, and held on the intent of Crdinance
31, 1988, annexing .6493 acres, more or less, located wthin Section
5- 42 -43, immediately south of Floral Lane, east of Prosperity Farms Road,
-ender Palm Beach County Development Regulations.
;here being no comments from the public, Mayor Feeney declared the Public
Hearing closed.
Per 2 Unanimous vote of the City Council the City Clerk read, by title
only, on second and final reading, Ordinance 31, 1988.
Ordinance 31, 1988, was unanimously adopted by the City Council.
ORDINANCE 33,1988
iiayar Feeney declared the Public Hearing open, which was duly advertised
63/17/88, and held on the intent of Ordinance 33, 1988, modification to
:1,318 -acre "Golden Bear Plaza" Professional Office PUD created 3/16/84 by
Ordi;iar.ce 7, 1984, on the east side of U.S. Highway # 1, immediately north
of "Oakbrook Square" shopping center, providing for: (1) relocation of
"Town & Country Animal Hospital" now located on .3719 -acre out - parcel onto
;fisting 11.818 -acre site; (2) installation of landscaping & drive/entry
feature on said .3719 -acre parcel; and (3) substitution of an Executive
Cining Club for professional office space previously approved for the
sixth floor of Building 3.
"r. 3arry Perizo. 11758 Lake Shore Place, addressed the City Council, pre -
s n`ing a past agreement providing for an eight -foot wall behind Oakbrook
Squ! re. Mr. Perizo felt that an eight -foot wall should also be built
�chind Golden Bear Flaza to provide for security of the residents living
CITY COUNCIL REGULAR MEETIWG, 9/1/88
PAGE 9
?;eh1nd this bu {'d;,', :, Msmtcrs of the City Council stated this agreement
was net an agreement with the City and was not within their jurisdiction.
Mr. Gerald Lesher, resident behind Golden Bear Plaza, addressed the City
Council stating his objections to this ar,^,endment to the PUD. Mr. Lesher
^n re ' innar shne ,a ^a r• '"y: b.: T-' i
_l .. ..re ��t _ _ J, , ,..,, ;, ,.� 7 � W 3 SF. :u, ,`� ��' � 72ni nd
this project.
Mr. Steve Kilton, 11763 Lake Shore Place, addressed the City Council,
:l..ting he would like to see a wail built behind this project.
;here being no further censnents from the Public, Mayor Feeney declared the
Public Hearing closed.
Mr. Whitley agreed with the City Council's request that the restaurant
will close at 10:00 P.M. The following amendment to Ordinance 33, 1 928,
to will be added to Section 1. "The hours of operation of the Executive
wiring !'lub shall be until 10:00 P.M. ".
Per a unanimous vote of the City Council the City Clerk read, by title
only, on second and final reading, Ordinance 33, 1988, as amended.
By a vote of 4 ayes and 1 nay, Ordinance 33, 1988, was adopted by the City
Council. Councilwoman Monroe cast the nay vote, stating she did not have
all the information she requested re: crossparking agreement with Oakbrook
S:ua re.
Ordinance 33, 1928, was unanimously adopted by the City Council.
OTHER BUSINESS
COMP. PLAN AMENO.-
.8a93-ACa;ES _ At she reauest of Attorney Larry Smith, authorized agent for Douglas D. &
faMary Shupe, the modification to the City's Comprehensive Land Use Plan /Map
adopted 11/21/85 by Ordinance 22, 1985, providing for a c`,noe `.n the
CITY COUNCT! REGULAR MEETING, 911i88 PAGE
i
des:neation of t,a City's boundaries by a .8493 -acre expansion immediately
south of Floral Lane, east of Prosperity 17arms Road, was postpar,�d to a i
future workshop agenda.
REZONING -
.8493 -ACRES A� the request of Attorney Larry Smith, authorized agent for Douglas D. &
Mary ShuC°_. rezoning of .8493 acres (annexed via Ordinance 31, 1988), .�
immediately south of Floral Lane, east of Prosperity FArns Road, was post-
poned to a future workshop agenda.
RRANSMITTAL TO DCA-
102.7 ACRES At the request of Attorney Larry Smith, authorized agent for PBG
Development Associates, the Public Nearing for the consideration of
transmittal to DCA for determination of compliance /consistency with statu-
tory requirements modification to t-he City's Comprehensive Land Use
is Plan /Map, providing for PCD land use designation on a 102.7 acre parcel
located between Alternate A -1 -A and Interstate -95, north of Burns Road,
was recessed to the City Council Regular Meeting of September 15, 1988.
ADJOURNMENT There being no further business to discuss, the meeting was adjourned at
1:45 A. M. � - - --
nr,r �5v rti
V1_CE MAY R MARIINO COUNCILWOMAN MONROE
.:ILMAN KE3El�EWSKI
171A M. MTNO, CMG,' ? %iV L`LERK