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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.