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HomeMy WebLinkAboutMinutes Council 111987CITY C04NCIL REGULAR A£ETING g CITY OF PALM BEACH GARDENS NOVEMBER 19, 1987 The Regular Meeting of the City Council of Palm Reach Gardens, Florida, was called to order by Mayor Feeney at 8:00 P.M. in the Assembly Roam at :.a !dunictpai L:rnpiex, 16`500 Norcn MiIlcary Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flaq. ROLL CALL: The City CIerk called the roll and present were: Mayor Feeney, Vice Mayor Martino, Councilman Aldred, Councilwoman Monroe and Councilman Kiselewski. APPRQyQi 0r MINUTES The minutes of the Regular Meeting of 1115187 were unanimously approved as written. ANNOUNCEMENTS Mayor Feeney announced there would bP a meeting of the Piann_ng anc' Zoning Commission on Tuesday, November 24, 1937, at 7:30 P.M. Mayor Feeney also 40 announced the City's Administrative Offices would be closed November 26th and 27th, in observance of "Thanksgiving ". PRESENTATION - JOHN G. CUMMINS Mayor Feeney presented a placque of aporecia`.ion to Mr. John C. Cunrins, member of the Palm Beach Gardens Police Reserves, March 1974 - October, I987. ITEMS BY THE CITY MANAGER CITY'S 36 -ACRE PARK TAXES The City Manager stated when th, bond issue was passed on the road and drainage system for PGA National they did not exclude municipalities or counties, and when the City took over the park there was a liability of $13,490.50 a year for drainage district taxes. The City Council unanimously approved payment of $13,490.50 for Drainage District Taxes on lands of City's 36 -acre nark in southeast corner of PGA National PCD, to be taken frro the Council Contingency Account. CITY COLN IL REGULAR h£ETING, 11119187 PAGE 2 (T)WREhE NSIVE PLAN The City Manager stated he gave each Council member a mrmo re: Comprehensive Plan with an outline of available options of how one City ® can ,,.,o ^oer1 with t�_ p, It was the concensus of thu City Council to review theses recommendations and options and discuss this further at their meetinn of December 3. 1987. INVESTMENT BANKING AGREEMENT The City Manager stated he pave Pach Council member a copy of the Investment Banking Agreement and requested the Council to review this agreement, noting Section "M ". SEACOAST UTILITIES The City Manager stated he received a communication from Lake Park requested the City consider discussing Seacoast Utilities with them. PALM BEACH COUVTY The City Manager stated he received a letter from Bill Bouten of Palm Br-ch County requesting to set up a workshop meeting with the City Council and the County Ccfrnission in the City Council Chambers. It was the con- census of the City Council to meet with the County Commission at 1.00 P.M. on any Wednesday after Thanksgiving. REPORTS COL(4CILMAN ALDRED Councilman Aldred reported the E„>_cutive Director of the Planning Council has resigned, due to an illness in the family. MAYOR FEENEY Mayor -eeney reported on Monday at Hunters Run, the Pro - Celebrity Golf Classic for the March of Dimes, raised approximately $35,000. Ms; Feency stated this wjs his first time as Chairman, and recommended others to participate in March of Dimes events. RESOLUTIONS RESOLUTION 99,1987 Mayor Feeney declared the Public Hearing open, which was duly advertised November 4, 1987. There being no comments from the public, Mayor Feeney declared the Public Hearing closed. CITY COUNCIL REGULAR h£ETING, 11/19/87 PAGE 3 Per the consensus of the City Council the City Clerk read, by title only, Resolution 99, 1987, permitting as a "conditional use" within the tract designated for cormercial usage on the "PGA National" Master Development Plan the retail sale /service of beer and wine, for cn- premise consumption, at "Dino's Pizza Parlor ", 7100 Fairway Drive, Suites SO and 51, Pal), Beach Gardens. Resolution 99, 1987, was unanimously approved by the City Council. RESOLUTION 100, 1987 Mayor Feeney declared the Public Hearing open, which was duly advertised November 4, 1987. There being no comments from the public, Mayor Feeney declared the Public Hearfn0 Per the consensus of the City Council the City Clerk read, by title only, Resolution 100, 1987, granting a variance to the distance requirement of 750' between alcoholic beverage vendo.s (Chapter 1i2. Section 112.21 of Palm Beach Gardens Code), permitting the retail sale of beer and wine, for on- premise consumption at "Dino's Pizza parlor ", 7100 Fairway Drive, Suites 50 and 51, with "PGA National Shoppe. ", Palm Beach Gardens. Resolution I00, 1987, was unanimously eoproved by the Citr tau�r�1. REJOLU'rION 101, 1987 Mayor Feeney declared the Public Hearing open, which was duly advertised November 4, 1987. There being no comments from the public, Mayor Feeney declared the Public Hearing closed. Per the concensus of the City Council the City Clerk read, oy 4itle only, Resolution 101, 1987, permitting as a "conditional use" in the Et -[ General Ccrrdnercial Zoning District, the retail sale /service of beer and wine, for on- premise and off- nrr�misrj consumption, at 'Jonathan's Deli ", within "Crossroads at NorthhIake" shopping center, 3880 Northlake Boulevard, Suite 412, Palm Beach Gardens. 0 CIYY COUJCIL REGULAR A£F_TING, 11/19/87 PACE 4 Resolution iO1, 1987, was unanimously aoorrved by the City Council. SOLUTION 102, Mayor Feeney declar,ia M,P public Hearing open, which was f,.y advertised November 4, 1987. There boinq on comments from the public, Mayor Feeney declared the Public Hearing closed. Per the concensus of the City Council the City C1erY read, by title only, RPsn1litlnn 102, 1987, granting a vnri,7nce t,� s`urc,. .•')uircrt,wnt �( i.5+,' between alcoholic beverage vendors (Chapter 112, Section 1I2.21 or the Palm F-ich Gardens Cade), permitting the retail sale of beer and «ine for on- premise and off- premise consumption at "Jonathan's Deli", within "Crossroads at Northlake" shopping center, 7880 Northlake Boulevard, Sulte 412, Palm Beach Gardens. Resolution 102, 1987, was unanimously approved by the City Council. RESOLUTION 103, 1987 Attorney Larry Smith, authorized agent for Landa Properties, Inc., ® addressed the City Council re: amending "The Lakes" PUD consisting of 176 condominium multi- family units created 6121184 by Resolution 37, 1984, on 19.56 acre M -24 Tract of the PGA National PCO, providing for, instear,, "Canterbu ;, at PICA National ", consisting of r02 single -fami Jy zero -lot- line residential units and 16 condomium multi - family residential units. Mr. .lay Bridge of Urban Design Studio stated they were providing 10 addi- tional parking spaces. Mr. Bridge stated he has been in nontact with North Palm, Beach Wat4r Control District and has been given p- rmission to have people parx on their easements. Councilman Kiselewski stated the PGA Homeowners Association would not allow cars parked on the rights -of -way. Councilwoman Monroe exoressed her dissatisfaction with the parking being allowed on the streets. Per the concensus of the City Council the City Clerk read, by title only, CITY CVUYCIL REGULAR MEETING, 11119187 PAGE 5 Resolution 103, 1987, amending "The Lakes" PUO created 6121184 by Resolution 37, 1984. Resolution 103, 1967, was approved by the City Council by a vote of 4 ayes and 1 nay, with Cam cilwoman Monroe casting the nay vote due to dissatis- faction with parking arrangements. RESOLUTION 104, 1987 Per chc, concensus of the City Courcl! Zhe City Clerk read, by title only, Resolution 104, 1987, accepting dedication of .705 acres of land, together with improvements (City Fire Sub - Station 14), from PGA National Venture, Ltd., pursuant to their obligation per the Development Order for the PGA National PCD. Resolution 104, 1987, was unanimously approved by the City Council. RESOLUTION 105, 1987 Per the concensus of the City Council the City Clerk read. by title only, Resolution 105, 1987, authorizing the Mayor and City Clerk to execute a ® Cost -of- Living Agreement between the City and PEA for fiscal year 198711988. Resolution 105, 1987, was unanimously approved by the City Council. CPDINANCES ORDINANCE 12,1987 Attorney Raymond Royce, authorized agent for Burg & DiVosta Corporation, addressed the City Council re: Ordinance 12, 1987. Attorney Royce briefly reviewed the site ,elan for the City Council and members of the audience. Mayor Feeney declared the Public Hearir,q ooen, which w,,s doly adver tiseE' 10126187, 1112187, 1119187 and 11116187, and held on the inetn' of Ordinance 12, 1981, annexing 117.95 acre- parcel located on the east side of North Military frail, south of Nortniake Pou evard (alkla ;.akc `arK West Road); and simultaneous adoption of "Garden Oaks" PLAD, consisting of 279 detached zero -lot -line units, 264 townhouse units, and a major CITY COE.NCIE REGULAR MEETING, 1I119187 PAGE 6 with police protection, and Mr. Shannon said he was only suggestinq if we were going to go forward with annexations in this area, we should do it in a comprehensive plan fashion jointly agreed upon. Vice Mayor Martino expressed his disappointment that the County had a meeting today and did not invite the City. Vice Mayor Martino stated the County used to have an entity called the "Area Planning Board ", and around 1972 one of the City Council's resoonsibilities to that board was to set aside reserve anoexa- tion territories. Vice Mayor Martino stated in 1972 or 1,973 the area in recreation facility; wig!, the land usages being those as set forth in the City's RM - Residentfc! Multiple Family (Madium Density) District. Mr. Sam Si innon, representing Palm Beach County, addressed the Council stating he here to relate the concerns of the County Commission. Mr, Shannon requested the Council not approve this annexation at this time, feeling annexations should be done in an agreed upon fashion. Mr. Shannon did not feel this annexation had good planning logic, and felt the City and the Council needed to start planning together for future annexations and expansions. Councilman Aldred stated the City received a letter from Mr. Shannon on December 5, 1986, and there has been no move- ment at all over the last year suggested the City anal County plan annexa- tions together. Councilman Aldred staled Mr. Shannon used broad, unsubstantiated generalities and requested Mr. Shennon be more specific. Mr. Shannon stated the main concern to the County Commission re: this annexation, is this basically represents the existing municipal /county relationship. Mr. Shannon stated he found questionable whether this annexation made good sense to provide for service delivery for providing for the citizens to have municioEl boundaries in this fashion. Councilman Kiselewski questioned whether the County could provide this area better with police protection, and Mr. Shannon said he was only suggestinq if we were going to go forward with annexations in this area, we should do it in a comprehensive plan fashion jointly agreed upon. Vice Mayor Martino expressed his disappointment that the County had a meeting today and did not invite the City. Vice Mayor Martino stated the County used to have an entity called the "Area Planning Board ", and around 1972 one of the City Council's resoonsibilities to that board was to set aside reserve anoexa- tion territories. Vice Mayor Martino stated in 1972 or 1,973 the area in CITY COUdCIL REGULAR FETING, 11119187 PAGE 7 tinoucus to City boundardy, with a substantial cart of the boundardy of the territory sought to be annexed. Mr. Brandenburg stated there was only 650' of the pe,:meter of this prc,.erty that amounts to I0,000 feet that is co- terminus with City boundardies - amounting to less then b.5% of this property. (2) It must be determined it' the property is reasonably cpm- pact. This means a concentration of a piece of property in a single area and precludes any action that would create enclaves, pockets, finger areas, in serpentine patterns. In Mr. Brandenburq's view this annexation was an example of an annexation that falls into this ocurrence. (3) Enclaves should not be created. Mr. Brandenburg stated the City would be ® creating an enclave that would be surrounded entirely by City property in question was one of the areas that was addressed and is not a new item. In the middle 1970's, as Mayor of Palm Beach Gardens, Vice Mayor Martino ® attr u­-' ar,d sook, to t; ;r, Cuindssioo and suggested they wuuid be doing the north end of the County a service by suggesting annexation such as this take place so we would not have the mess on Northlake Boulevard with multi- jurisdictions. The Pity of Palm Beach Gardens suggested years ago to sit down with the County to plan future expansions. Vice Mayor Martino stated the City could better offer services to this area and stated the County should suggest that these territories be annexed. Mr. Gary Brandenburg, County Attorney, addressed the Council stating the Cat ^ty Commissicn requested he attend this meeting to lodge any legal objectinns he may have with respect to the annexation. Mr. Brandenburg stated after reviewing the annexation law if someone were to challenge this annexation tf,ere would be a very substantial likelihood that the annexation would be held to be not -alid by a court. Mr. Brandenburg stated the annexation law pinpoints what is happening here as to what is not to occur. The law pinpoints 3 different issues: (1) it has to be con- tinoucus to City boundardy, with a substantial cart of the boundardy of the territory sought to be annexed. Mr. Brandenburg stated there was only 650' of the pe,:meter of this prc,.erty that amounts to I0,000 feet that is co- terminus with City boundardies - amounting to less then b.5% of this property. (2) It must be determined it' the property is reasonably cpm- pact. This means a concentration of a piece of property in a single area and precludes any action that would create enclaves, pockets, finger areas, in serpentine patterns. In Mr. Brandenburq's view this annexation was an example of an annexation that falls into this ocurrence. (3) Enclaves should not be created. Mr. Brandenburg stated the City would be ® creating an enclave that would be surrounded entirely by City property in CITY COLNCIL REGULAR MEETING, 11/19/87 PAGE 8 unincorporated area. and would cause an area, by tnis annexation, that Is surrounded entirely by unincorporated area. Attorney Brandenburg requested the City delay this annexation until the CiLy Council and Comission could meet to determine future expansions. Mayor Feeney stated it would be nice if the County would work with the City on a continuous basis and not once a year to lecture the City Council. Mayor Feeney felt the City could provide this area with better fire and police protection. Councilwoman Monroe stated she listened to the County Commission meeting today and would like Mr. Shannon to relay to them her concern with one or more of the Commission's members that the City has not been correspondinp or communicating well with the County. Councilman Monroe stated she has been told by staff members of the County that the City of Pa m Beach Gardens does one of the better jobs of communicating. Councilwoman Monroe stated the Council got word only tonight that the Intergovernmental ® "ffairs Office of Palm Beach County indicated a desire to comet. Councilwoman Monroe sated she did understand the Commission to say at today's meeting, they were encouraging annexations by municipalities. In response to Councilman Aldred, Attnrncy 3randajiburg stated the Commission did not set a date certain for a meeting with the City re: future expansions, and further stated the Commission requests a plan from the City on how future expansions will be accomplished 'r, an orderly fashion so as not to create enclaves. In response to Cou ^cilman Aldred, Attorney Brandenburg stated he did not feel the County would like a building moratorium until these issues were discussed. In response to Councilman Kiselewski, Attorney Brandenburg stated he has a court reporter present this evening in the event the County Commission wants to take this item to task. CITY cotter, REGULAR ,WF_TING, 1111.9187 PA GE 9 Mr. Haney Frakes, Assistant County Engineer, addressed the Council stating should the Council ipnrove this annexation, they should be aware of trAf- fie impact costs. Mr. Frakes requested the impact fees for this project go towards widening Military Trail. Mr. Frakes stated Park Avenue exten- sion has been on the County's Thorcuohfare Plan for sometime. The County Commission has stntpd the costs of st'jdinq alternatives for park Zveni,e should he p.-,Id by the County, City and developer. The County Commission has set a can of $I0,000 for their participation in this study. Mr. -rakes further requested the right -of way monies for Park Avenue be donated to the County until an alternative study is complete. Attorney Bernard Conkel, and several residents from Mary's Circle, addressed the City Council statinq their ^oncerns with the development of this property re: affect on septic tanks with nro,"sed !eater level and traffic problems. Lity Attorney Bill Brant stated he does not agree with the IeQal position of Attorney Conkel or Attorney Brandenburo. There being no further comments from the eublic, Mayor Feeney declared Public Hearing closed. The City Council requested, and the petitioner agreed, to post a bond with the City to provide for the .$100,000.00 traf- fic light imorovement. Per a vote of 4 ayes and 1 nay, with the nay vote being :ast oy Councilwoman Monroe, of the City Council the City Clerk read, by t tle only on second and final readin ,), Ordinance 12, 1987, Ordinance 12, 1987, was adopted by the City Council by a vote of 4 ayes and 1 nay, with the nay vote beino cast by Cnuncilwoman MQnrce. Councilwoman Monroe voted nay, stating the City's Comprehensive Plan does not address property for annexation south of Northlake Boulevard, and she CITY COUNCIL REGULAR WETING, 11/19/87 PAGE 10 does not like to see property annexed in a Fiece -meal fashion. ® Councilwoman Monroe felt that an alternative to the Park Avenue right -of- w3y, a pdrt of the Yezr 2000 Palm Beach County Thoroughfare Plan, should bp determined prior to elimination. Also, the phasing of construction has not been correlated with the future wldeninq of Military Trail. She also pointed out that while the nrPSPnt 7oning of thl5 vrnparry i^ County allows for up to 8 unit> per acre, the developer only applied for anal had approved 6.85 units per acre. ORDINANCE 19, 1987 Per a unanimous vote of the City Council the City Clerk read, by title only, on first reariinl, nrdinana 19, 1987, amending "Gardens Plaza" PUD, with an underlying zoning classificaticn of CG -1 - General Commercial ,1strict, created 3121185 by Ordinance 3, 1985, providing for one flat wc11 sign of 45 sq. ft. i.r, compliance with Chapter 155, Section 155.56(G)(3), Sign Code) at "Glendale Federal", located at 3300 PGA Boulevard. Councilman Kis¢lewski expressed his concern with the admi- nistration giving a permit for this sign to be put up without the formal approval of the City Council. ORDINANCE 20, 1987 Per a vote of 3 ayes and 2 nays, with Councilwoman Monroe and Councilman Kiselewski casting the nay votes of the City Council the City Clerk read, by title en Iv, of% first -ead_`nb, Crdi,nance 20, 1987, creating a Planned Unit Development with the land usages being those as set forth in the City's CG -1 General Commercial District, includinq providing for the sale of alcoholic beverages for on- premise consumption as a "conditional use ", proposed to be located on 6.58E acres located hetween RVA Boulevard a-�c Interstate -95, at the northwest corner of the former site of "RCA", within Sections 1 -42 -42 and 12- 42 -42, and consist of a 267 -room, 182,000 sg. ft. ® "fl-arrlott" hotel. CITY CGWCIL REGULAR !FETING, 11/29/87 PAGE 11 ORDINANCE 21, ],Q87 Per a vote of 3 ayes anal 2 nays, with Councilw'amman Monroe and Councilman Kisz,,uwsxi casting one nay votes, of the City Council the City Clerk read, by title only, on first reading, Ordinance 21, 1987, amending the City's Comprehensiv^ Land Use Plan /Map adopted 11!21185 by Ordlnanr-; 22, 1985, providing for changing the land use designat_+ .; a 2.127 -acre parcel of land located between RCA Boulevard and Interstate -95, at the extreme northwest corner of the former site of °RCA", within Section 12- 42 -42, from industrial to commercial (i.e., a 2.127 -acre southerly extension of the 6.28 -acre Comprehensive Land Use Plan /Map amendment granted 10/16i66 by ordinance 20, 1986. ITEMS FOR DISCUSSION AMENDING PGA NATIONAL MASTER PLAN - Ci M FRCt PAPh Mr. Hank Skokowski of Urban Design Studio, authorized agent for PGA National Venture Ltd., addressed the City Council re: Establishment of Public Nearing date (12117187) for Council's consideration to am.end the PGA National Planned Community Development Master Development Plan (Map) by re- designating the 2.5 -acre Lot 1 of the "P.G.A. National Commerce Park" PUD (as created in the southeast corner of the PGA National PCD on 817!86s by Resolution 34, 1986, and recorded, per the Plat approved 11120186 by Resolutioo 58, 1986, in P. B. Co. Public Records 1127187, in Plac Book 55, Paga; 160 & 161), as "commercial ", enabling the location of a community -bed or ancillary sheltered -bed nursing home, as regulated by Chapter 400, Part I, and Chapter 651, Section 651.118, Florida Statutes, and an Adult CongregPte Living Facility as regulated by Chapter 400, Part 11, Florida Statutes. The Council unanimously agreed to set the Public Nearing for the above item rni December 17, 1987.