HomeMy WebLinkAboutMinutes Council 050787CITY COLNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
MAY I, 1987
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 at
'':: v,°nicipal Comoley, i050P North Military Trail, Patrm 5cacn Gardens,
Tlorida; and opened with the Pledge of Allegiance to the Flao.
ROLL CALL:
The City Clerk called the roll, and present were: Mayor reeney,
�,fre Mayor Martino, Councilman Aldred, and Councilwu^an Monroe.
Councilman Kiselewski was not in attendance as he wPs out of town.
APPROVAL OF
MINUTES
The minutes of the Regular Meeting of 4116187 and the Workshop Meeting of
4./23/87 were aoprovPd a� written.
ANNOLNCEMENTS
Mayor Feeney announced there would be a meeting of the Planning and Zoning
Commission, Palin Beach Gardens Fire Department and Merit System Hoard on
Tuesday, May 12, 1987, at 7:30 P,M.
DEPORTS
COLNCILMAN
ALDRED
Councilman Aldred reported attending the Palm Beach County Planning
--FF ng on May 1, 1987, where the only action taken was the anpro-
vat of a resolution requesting the Board of County Commissioners to fund
the Planoirng Council as had beeo agreed upon. Councilman Aldred
understood that Mr. John B. Dunkle, Clerk of the Circuit Court is with-
holding the funds.
COUNCILWOMAN
MONROE
Councilwoman Monroe reported attending a Site Plan Review Committee
®
Veoting on Tuesday, May 5, 1487. The Committee requested Councilwoman
Monroe relay the message to the Council that the front lawn of t':c
Municipal Complex needs attention.
CI CDOXII REGULAR h£ETING, 517187
PAGE 2
COWN TS FROM
T}C PUBLIC FOR
MS NOT ON
AGENDA
XHO o AND PAUL
ASHLEY
John and Paul Ashley of Eagle Scout Troup 132, addressed the Council to
request the installation of a sidewalk Ort Burns Road past the Fire
Station. The Council remanded the request to the City Manager. The City
manage. s.s'e� ..> :avc a request with the County now for m,tching funds
for the installation of sidewalks, and that when Military Trail is
widened, walkways on both sides of Military Trail.
RESOLUTIONS
RE50LUTION 34,
1987
It was the concensus of the City Council to appoint James Leatherman a
regular member of the Site Plan and ApFsarance Review Committee at the
current meeting and, to workshop, at a future meeting appointing a
Secondary Alternate Member to the Site Pian and Appearance Review
Committee.
Per the concensus of the City Council the City Clark read, by title only,
Resolution 34, 1987, appointing James Leatherman a regular member to the
Site Plan and Appearance Review Committee.
Hesnlution 34, 1987, was unanimously approved by tte City Council.
RESOLUTION 35,
1987
Attorney Larry Smith addressed the Council, stating the buyer for this
property has developed some minor changes to the elevations. The floor
plan and site layout will remain the same. Mr. Ken Spcena, architect,
addressed the Council pointing out the changes in the elevations,
including arch windows, spanish-tile shingles and the color scheme. Al. units
will now Include a carport.
Per the canoe c,us of the City Council, final consideration for approval of
CIT" Coi'ICIL REGULAR MEETING, 517187 PAGE 3
RESOLUTION 36,
Resolution 35, 1987, will be modified to include not only a two-year
the oer,+)!s,lble time for completion of the PGA National
"Meadowbrook" multi -Family PFD but approval of the proposed revistons to
Che proposed revisions to the architecture] elevations; and will be con-
sidered for adoption Rt the Regular Meeting of May 21, 1987.
.7&? Tne C.cy manager stated that during the t7RI process and process for appro-
val of the Gardens Mall, there were requirements to obtain road rights-of-
way from Foundation Land Company. In order to accomplish the needed
right-of-way, we needed .2667 acres and the reversion of parcels in
acreage to the Foundation is .2342 acres.
Per the consensus of the City Council the City Clerk read, by title
only, Resolution 36, 1987, exchanging lands, with Foundation Land Company,
Ak for relocation of PGA Boulevard road rights--of-way. Resolution 36, 1987,
was unanimously approved by the Cit; Council.
RESOLUTION 37,
1987 The City Manager stated this is the employment agreement with Alyce
Marshall, Talnis Pro, and the only change is an increase in her annual
salary from $10,000 to b11,000.
Per the consensus of the City Council the City Clerk read, by title only,
Resolution 37, 1987, extending the employment agreement between the City
and Ms. Alyce Marshall as Tennis Professional, Resolution 37, :987, was
unanimously approved.
RESOLUTION 38,
1987 Ms. Fran Carlton, authorized agent for "Glenwood", addressed the Council
re: Resolution 38, 1987. Ms. Carlton stated there is a slight chance in
the application request. The residents are now requesting to build a
0 4 8..56 square foot building housing the men's and women's restooas and
CITY COLiVCIL REGULAR MEETING, 517187
PAGE 4
® pool equipment room; and &- 30' x 60' in -grand swimming pool located
within 5,904 square FP-° or open patio. The total improvem—'s will still
cover the 6,362.56 square feet of the dedicated recreation area. Ms.
Carlton stated s`n pool will be for daylight swimming only and the
Lighting will be for safety purpnses only. Ms. Carlton discussed the
landscapinq plans for Hhe noof The Council si.,ggested, a, -,c ' re
petitioner agreed, that the three trees shown on the plans around the pool
area could be substituted with three clusters of palm trees.
Per the concensus of the City Council the City Clerk read, by title only,
Resolution 38, 1987, amending the 53.668 -acre "Glenwood" multi -family PUD
created October 4, 1979, by Resolution 66, 1979, (and amended June 5, 1980
by Resolution 36, 1980), on the M-1 and M-2 Tracts of the "PGA Resort
Camunity PCD, providing for an expansion of their recreation-- aMe„icies.
Resolution 36, 1997, was unanimously approved.
PUBLIC hEARINGS
WATERWAY CAFE
CWREHENSIVE LAND
USE PLAN AWNOWNT Attorney David Shaw, authorized agent fo: Mr. Jeff Vander'Wolk, addressed
the Council re: amendino the City's Comprehensive Land Use Plan/Map
adopted 11/21/85 by Ordinance 22, 1985, providing for a change in the
delineation of the City's boundaries by a I.I2-acre expansion at Barnard
Drive, south of PGA Boulevard, west of the, rotracoastal Waterway; and con-
currently provld{nq for Residential 0..5 units/acre land use designation.
Mayor Feeney declared the public hearing open.
Several residents livino :n the vicinity of the Waterway Cafe addressed
the Council stating parking overrlow around their property and the noise
caning from the restaurant was r•,4using a problem. Councilwoman Monroe
suppn:ted, since the problem-kiinly exists on Sundays, that the City
CITY COLKIL REGULAR h£ETING, 5/7187 PAGE 5
0 determine if the fire code Is being violated by too many people are in the
Wat,,.way Care. In reponse to Councilwoman Monroe, Attorney Shaw stated
there is no intention of getting additional commercial use on this pro-
-trty, but merely a solution to alleviate the current parking problems.
A discussion ensued re: nose from bands, etc., disturbinq the residents
of the area and ghat could be done to alleviate this problem.
The petitioner was reminded that once the conditional use is approved, he
would have to come before the Council at a later date for the approval of
the parking scheme since the overall project would be greater than three
acres. Councilman Martino requested the petitioner hire security for the
parking lot at least on the nights the band is playing.
Councilwoman Monroe suggested a research on how many seats Waterway Cafe
was approved for and if there is any violation as to where the seating is
orcuring (i.e. outside, by the water) versus the parking spaces.
Mayor Feeney declared the public hearing closed.
The petitioner agreed to come before the City Council within 2 years with
PUD for the total site.
ORDTNANCES:
ORDINANCE 5, 1987 Mayor Feeney declared the public hearing open, which was duly advertised
on April 22, 1987, and by general location map on April 13, 20, 27 and May
4, 1987, and held on the Intent of Ordinance 5, 1987, annexing 1.12 -acre
parcel on Barnard Drive, immediately south of "Waterway Cafe" under zoning
classification of RS -3, Single Family Residential, and simultaneously pro-
viding for commercial parking facilities as a "conditional use" oursoart
to Section 159.061 Parking lots. of the City's Code of Ordinances.
there being no comments from the public, Mayor Feeney declared the public
hearing closed.
CITY COUNCIL REGULAR WETINC, 517187
PAGE 6
. Councilman Aldred stated that residents from the area surrounding the
Waterway Cafe have: a,-endy voiced their concerns re. noise and parking
problems, however he felt the owners should also be concerned with custo-
mers using boats on the Intracoastal Waterway becoming a nuisance.
8y a unanimous vote of the City Council the City Clerk read, by title only
on second and final reading. nrdinance 5, 198:.
Vice Mayor Mart -no requested a letter from Mr. Jefferson VanderWolk writ-
ten to thfa residents surrounding the Waterway Cafe be attached to the
minutes. Further, Vire Mayor Martino requested the minutes reflect the
consent of the owners of the Waterway Cafe to provide security in the
parking lots, particularly on evenings when they have .live entertainment;
and that the petitioner has agreed to apply to the City, within two years
for the creation of a planned [h It nevAlopment'on the entire 3.15 acre
parcel.
Ordinance 5, 1987, was unanimously adooted by the City Council.
ORDINANCE 6, 1987 Mayor Feeney declared the public hearing open, which, was duly advertised
April 7.2, 1987, and heli on the Intent of Ordinance 6, I987, amending
Chapter 153 of Title XV, Land Usage of the City's Code by creating a new
Section 153.43A pertaining to when a permit is not required for tree remo-
val. The City Manager requested this ordinance be postponed to a time and
date certain or remove _t from the agenda in order tc make some additional
change, In order to make the Tree Preservation Ordinance more effective.
It was the concensus of the City Council to pass Ordinance 6, 1987,
however, not make it a part of the Code. Once a final ordinance is deva-
loped, Ordinance 6, 1987, would he rr.sinded. It was the concensus of the
Council to insert in Si;ction 5 of Ordinance 6, 1987, that this ordinance
would tre in effect for a ,period of 90 days.
CITY CO MCIL REGULAR WETIAv, 517187 PAGE 7
'There being no conments from the public, Mayor Feeney declared the public
0 hearing closed.
8y a unanimous vote of the City Council the City Clerk read, by title
only, on second and final readirq, Ordinance 6, 1987.
Ordinance 6, 1987, was unanimously adopted by the City Council.
the recommendations of the City Forester re: rewrttio n `.!:e City's Tree
oreservstlen Code will be workshopped by the Council at a meeting in the
near future.
GRGINANCE 7 1987 By a unanimous vote of the City Council the City Clerk read by title only,
on first reading, Ordinance 7, 1987, amending the City's Budget for the
1986/1987 Fiscal Year. The Council's final consideration of passage of
Ordinance 7, 1987, will be at their Regular Meeting of May 21, 1987.
ORDINANCE 8, 19F7 8, z u;naniaous vote of the City Council the City Clerk read by title only,
on first reading, Ordinance 8, 1987, Mending the "Gardens Professional
Arts" Professional Office PUG created 4117185 by Ordinance 8, 1985, on the
north side of Burns Road, east of Gardens East Drive, by providing for, as
a pe-mltted use, a retail outlet for the sale of drugs, within 1500
leasable space.
The City Manager suggested, and the City Council agreed, that a copy of
L,-,; xirnpnsed Ordirfance be sent to all Pharma^uticA7 hoci-w;,eo wfthin the
City.
PETITIONS AND
COWLnICA TIONS
VICE MAYOR vice Mayor Martino referenced a legal opinion received frac the City
MARTINO
Attorney concerning "Arby's" restaurant, an out -parcel at the "Crossroads
at Northlake" shooping center. Vice Mayor Martino pointed out another
CITY COWUL REGULAR WETINC, 5/7/67 PAG' A
. out parcel of the same shopping center, "Taco Bell", will be coming before
tho City Council in t`,,r naar future.
COMCILMAN
ALDRED
ANT
APPROVAL
0
11
Councilman Aldred questioned whether It was possible to regulate the hours
of operation for establishments having live entertainment by the type of
1,canse a business has ti.e. SRX Lfrcorsse, 4C0P Licanse, etc;.
The City Attorney stated it was possible to adopt an ordinance along those
lines. councilwoman Monroe requested the City Manager request a report
from the State on the percentage of food sales versus alcohol sales at
certain restaurants within the City.
There being no further business to discuss the meeting was adjourned at
10:03 P.M.
MAYOR FEENEY
COWCILMAN ALDRED
LINDA M. HIND, CMC, CITY CLERK
:hw�G Pfd zN
VICE MAYOR MARTINO
LifU)ZILMfAN KISEL c WSKI
COLWILWLMfAN MONROE
C�
L
171
Jefferson F. Vander Wolk
Posy Office Drawer D
Dclny pesch, Florida 33444 %
May 2, 1<u}1 � l
Richard 0. Breithart, Esq.
818 U.S. Highway one, Suite, -S
Horth Palm Beach, FL X3408
Dear Richard:
I am writing to confirm my understanding of the agreements reached
between r,yself, . ' a^ -ay C-fe an,; ,you as raHresentative
of the adjoining residents iii Pirate's Cove. These agreements were
reached in specific response to a petition signed by most of these
residents, dated January 19, 187, and a subsequent letter, from you,
dated January `il, 1987. The items we covered are as foliows:
1) At, the option of the adjoining residents, we agree upon their request
to build two 15-20 foot block wails, one each between the three westernmost
houses an our property. The objective would be to reduce noise if other
actions we have taken do not render it unobjectionable. We think that
if more of a noise Larrier is needed, additional landscaping might
prove more effective.
a) Relating to the above, we shall attempt to control sound emanating
from outside the restaura^t - including emipluyues leaving at closing
time - in ordtr :.o reduce a.+r .:..turban_-. to ,.eighbors.
3) We agree to discourage the use of the Port Royal Canal by restaurant
customers and to take any steps requested to terminate live -aboard
situations that might exist at any of the docks on our property.
4) We anticipate that in time the residences on our property will be
raised to provide more parking to the west and adoitonal restaurant
facilities on the Intracoastal. We agree ;,hat until this takes place
we will not change the present usage of these properties. At such time
as the housees may be raised, either partially or in their entirety,
we agree to construct a 6-R foot masonry wall, the exact height to
be determined by the City. This wall will follow the 1'�ieaof the
exis'ing wall on the west and be set back at least 1®'eet from any
seawall. Further, we agree that the sot,h wall of any restaurant
facilities built along the Intracoastal will have no openings or
"people exposure" across tt+e canal to the south.
We also agree to landscape and maintain the areas between the masonry
wall and the seawalls on the south and west of our property - after
consulting with the adjoining neighbors about the design of both the
landscaping and the wall. We would hope to accommodate any reasonable
requests made by our adjoining neighbors. In this regard, we suggest
that this landscaping might include a row of trees or a hedge that
might. grow to 19-A0 feet. Conceivably, these might be planted in the
near future so that their maturation process could proceed immediately.
We would appreciate any suggestions your clients may have relative
Richard 0. Breithart, Esq.
May a, Y
Page :.
to this pessibillty and +c ;,1- t;pv of plant materials that might be
used.
A,) We agree to consult with the city concerning the use of the Adam's
property on Kidd Lane and to the west of Kidd Lane and to abide by
their desires in this matter
b) Finally, we will strive to maintain open communicatic— bet,.�en
our adjoining neighbors and not only our on-site managers but, if they
cannot or do not take any appropriate actions, with ownership. In this
regard, I attached a number of postage -paid envelopes, pre -addressed
to myself, that can be distributed to your clients and used as, needed.
In answer to a question raised in your most -recent correspondence,
I am told that a commercial boat did come into the Port Royal Canal
recently and, I assume, docked on our side. I am not familiar with
all of the circumstances, but the story I have heard is that their
use of the canal resulted from mechanical problems and that there stay
was brief. Whether someone at the Waterway Cafe sanctioned their visit,
I am not sure. We will instruct those who may be concerned with like
situations in the future to discourage this kind of thing.
I am also awarA of a recent noise complaint by one neighbor to the
west. The problem seems to have been a lack of awareness on the part
of a new floor manager that it was our policy to close all wall openings
on the wast side of the building during periods when we have entertainment.
Such oversights may occur now and then, but I believe our communication
arrangements should provide a prompt solution.
I' this cuncurs with your understanding of our agreements, I would
ar:p;eciate your ar_kno••ledging the encloed copy and returning it to
�,c in the at",ched envelope.
Very truly yours,
Je ferson F. Vander Wolk
JFV' hr
Enclosures
Acknowledgement
Richard 0. Breithart, Esq.