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HomeMy WebLinkAboutMinutes Council 061887t,/ CITY COUVCIL REGULAR MEETING CITY OF PALM fEACh GAROCOS JLNE 18, 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 nsserrbly Room at the Municipal Complex, 10500 North Military Trail, Palm Seach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL The Deputy City Clerk called the roll, and present were: Mayor Feeney, vice Mayer Mart n. -, Aldred, Cajnciiwonan Monroe and Councilman Kiselewski. APPROVAL OF MINUTES The minutes of the Regular Meeting of June 4, 1987. were nnanfmously approved as written. SOWCEMENTS Mayor Feeney announced there would be a meeting of the City's Planning and Zonino Ccmnission at 7:30 P.M. on Tuesday, June 73, 1987. ITEMS BY THE CITY MANAGER ED MITChELL The City Manager introduced to the City Council Mr. Ed Mitchell, the Assistant to the City Manager. SEACOAST UTILITIES The City Manager stated he met with a couple of firms re: Seacoast Utilities, and learned Seacoast Utilities would be going on the market, to be handled by Kidder Peabody. The City Manager requested a Special Meeting of the City Council be plvn, -f for the near future to discuss the possible purchase of Seacoast Utilities. Mayer Feeney requested the City Manager set a dat^ and time for Che Special Meeting. EXPANSION OF Nit ihlEA S T TY COr1RTNOOS, The City Manager stated there was an article in today's paper re: Councilman Aldred's concern about the purchase of property in the north county for the purpose of expanding the Northeast County Courthouse faci- CITY COUNCIL REGULAR MEETING; 6118187 PAGE 2 lities. At the Council of Goverroner.ts Sefrinar this past Friday a repre- sentative of the County stated the SherifrIs Department wanted to expand ano locate a " holdirg facility" near the Northeast County Courthouse. This was something the County told the City they would not do when they first mentioned ourchasinq this property. The City Manager suggested the City needs to continue to oppose this purchase. Vice 'tayor Martino requested the Laity Manager write a letter letting the County know the City is oppose to this purchase and reminding them of their promise not to include a holding facility for prisoners. REPORTS VICE, W YOR MARTINO Vice Mayor Martino stated due to the lengthy agenda this evening he would report at the next meeL'nq of the City Council re: the efforts of the North Cc,.,:ty iz;,u,,L Adv:zory Committee. Vfce Mayo„ Martino referenced a memorandum he wrote to the City Council re: the meting of the Advisory Committee. COUNCILMAN KISELEWSKI Councilman Kiselewski reported attending a meeting of the Solid WastF Puthority where they dls^us;�:d the taxing of upping fee >, the State and a decision to proceed with identifying a site north of Donald Ross Road off of Military Trail for a north county transfer station. Foundation Land Company stated they would not stand fn tho lzn?;d Wastc Authority's way of obtaining a site, and would voluntarily sell the land to them, provided we turn the site selection over to the County Cofrmission. MAYOR FEENEY Mayor Feeney informed the audience that Councilman Kiselewski serves on the Solid Waste Authority and the Metropolitan PlannIno Organization; V ce Mayor Martino serves as a County and Council appointment to th- North County Airport Advisory Committee and Councilman Aldred serves cn the Palm Beach Countywide Plnnning Council_ CITY COUNCIL REGULAR MEETING, 6118187 PAGE 3 ITEMS BY THE 444YOR AND COLIVCIL loCNCILMAN KISLEWSKI Councilman Kiselewski stated he received a letter from one of the resi- dents stating they were going out -of -town and, as he has in the past, called the Police Department to have them run a check on his house while he was gone. The Police Department informed him they do not do that any- more unless h,- comes into the station and fills out a complete report. Councilman Kiselewski was concerned with the change of procedure on watching homes of out -of -town residents and requested the City Manager look into this problem. Councilman Kiselewski stated the City's Parks and Recreation Department is one of 4 finalists for the National Cold Medal Award and requested the press be made aware of this honor. Councilman Kiselewski stated the Congress of Cities is planned for this ® summer, and volunteered to go to this seminar since monies have been budgeted for travel items. VICE MAYOR MARTINO Vice Mayor Martlnr, referenced a Iettor he wrote to Mr. Bielegberq of the MacArthur Foundation suggesting the Foundation and City work toward annexing some of the 40,000 acres in the north county area. The proper- ties the City would be most interested in border on the south by Northlake Boulevard, on the west by Beeline Highway, on the north by Donald Ross Road and on the east by U.S. #1 or Ellison Wilson Road. Vice Mayor Martino felt in order to have a coordinated planning effort for th,- north end of the County he believed this was a necessary ste,i, which would also cut down on the some of the various jurisdictions involved in makino ma-fcr Quality of life decisions. Mayor Feene; sugqested the Council follow this letter vith a resolution and a similar letter written by the Mayor. Councilwoman Monroe sugqested the City have a workshop ano ;nvitP thH CITY COUNCIL REGULAR MEETING, 6118187 PAGE k 0 major landowner and other people to participate. Mayor Feeney and the Cit•• ugnggar wil ' ^ : , °.h; ,: twt an the Council's agenda i,? the near future. CITY MANAGER JOM ORR The City Manager stated the press inadvertently printed an error stating the City of Palm Beach Gardens has $380,000,000 in surplus and wanted to let the people know this was an error. COMWNS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA MR. SAM CARSILLO Mr_ Cam ^rsillc, a resident of Palm Beach Gardens, addressed the Council with several concerns, including the purchase of Seacoast Utilities; heli- copter pad at the Palm Beach Gardens Medical Center; bike paths throughout the City; and Fire Department access across from Campus Drive to the Palm Beach Gardens Medical Center. Councilman KiSeleWSKi stated the Metropolitan Planning Organization has just applied for a federal grant to coordinate a bicycle study throughout Palm Beach County and stated he would submit Mr. Carsillo's name to be placed on an advisory commit:Pe. MODIFICATION TO AGENDA Due to the number of people in the audience, it was the concensus of the Council to hear the petition for "The Meadows" Mobile home Park. I TEMS FOR DISCUSSION MEADOWS MOBILE HOME PARK Mr. Hank Skokowski, authorized a4ent for Mr. David Hendel, addressed the Council re: modification to the City's Comprehensive Land Use Plan /Map adopted 11/21/85 by Ordinance 22, 1985, providing for Commercial land use designation on parcels of land, totalling 55.65 acres located on the north ® sldr, of PGA Boulevard, west of Prosperity Farms Road, where the "Meadows" CITY COLNCIL REGULAR METING, 6118187 PAGE 5 Mobi.e Home Park is currently situated. F4. Skokowski stated this was a rental mobile home park. In this case, Mr. Skokowski felt, this was a t,dnsitional lent' u.e. Mr. Skokowski pointed out the area and roadways surrounding this mobile home park has developed commercially as well as PGA Boulevard changing to -a 4 lane road with 33,000 trips per day in front of this property, and is one of the busiest roadways in palm &each County. Mr. Skokowski stated the mobile home park was an inconsistent use for the area. Mr. Skokowski felt the mobile home park was a "grandfathered" land use planning compromise that has been waiting for a redevelopment, reloca- tion plan to take place. It was also felt to be the last major land use planning decision the City had to make in this area. Mr. Skokowski pointed out the property is entirely surrounded to the north and west by the Regional Center DRI, the land to the north is high dens{ *y resiIential which is separated by the 'Meadows" by a major east /west collector road ® that connects the shopping center, to the west is commercial development and to the south is PGA Plaza Development, a college campus site and more commercial and office expansion. Mr. Skokowski breifly stated proposed plans would possibly include a retail commerciai area, offices 8 ~,d hotel sites. The developers intent is to provide the City with all types of continuity, quality and maintenance control. Mr. Vern Smith of La Chance and Associates, stated he prepared the traffic statement for this proposal. Mr. Smith stated until such time as a zoning application was made, and without knowing specific uses for the property, an accurate prediction of total traffic impact for the proposed development was not possible. Attorney Raymond Royce, attorney for the petitioner, requested the Council take a long -range view or wtoat they wanted the City of Pain Beach Gardens CITY COUNCIL REGULAR MEETING, 6118187 PAGE 6 to be like in fivs, o: ten years. Attorney Royce stated Florida Statutes, Chapter 723, provides for the relocation of residents of mobile IAe p«rLa. The Strr•n r before final action is takerr the Council must determine that there are other adequate suitable facilities. Attorney Royce stated the petitioner is prepared, prior to the rezoning action, to appear before the Council to demonstrate these preVaratlons. Per Florida Statutes, t ^e oetitioner wouio' be required to pay moving expenses and additional damages or expenses. The petitioner has offered to mi ✓e the community in entirety if that is what they want, or separately If they so choose. The petitioner will mee! with the residents of the mobile hone park within the ne --t ccupla of weeks to present several alter- native plans, however, the petitioner does not want to buy Iand or commit to buying property if there is an indication the Council does not wish to .;,z::a this property to commercial usage. Attorney Royce stated the ® Florida Statres state the residents must be moved within 50 miles from the present site. Attorney J. Barry Curtin, representing the residents of Meadows Mobile Home Park, presented the Corm ell with a petition from 238 residents of Zhp mobile home park opposing the change in the ComprEh2nsive Land Use Plan /Map. This is one of the few pieces of property in Palm Beach Gardens and throughout the County, to permit mobile homes as a matter of right. TIP residents do not wish to bargain this right without something concrete and tangable Lo rely on. The residents would like a written contract to ru:r with the land. Attorney Curtin read excerpts from the Mobile Home Act of the Florida Statutes, stating no agency of municipal, local or state government shall approve any application for rezoning or take any other official action which would result in the removal f;r relocation of resi- • dents residing in a mobilN home park without first determinino that ade- CITY COUNCIL REGULAR MEETING, 6118187 PAGE 7 quate mobile home parks or suitable facilities exist for the relocation of 0 mobile home owners. Attorney Curtin stated to date there has been no spe- cific presentation of any facts relative to the availability of facilities for these residents to move. Attorney Curtin stated the petitioner's pro- posal would permit him to develop 400,000 sq. ft. of retail space, 300,000 sq. ft. of office space, plus a 350 roon hotel, whlc_ti would greatly impact the traffic on PGA P,oulevard. Attorney Curtin stated the Council must make a decision re: people, how they live and their reed for accom- modations, and urged the Council to deny this request. Councilman Kiselewski was concerned that the petitioner found this land the "last piece of the puzzle" on PGA Boulevard, however, could not pre- sent the Council with the specific impact of traffic from this develoo- ment. Councilman Kiselewski further stated he had difficulty buffering residential with commercial. In response to Councilman Kiselewski, Attorney Brant stated the City Council is responsible for determining other suitable facilities exist. Councilwoman Monroe stated she is aware of the cwnercial projects In the area, is aware the developer plans to buffer around residential, however, felt the mobile home park met the needs of a group of residents in terms of being close to shopping and medical services. Councilwoman Monroe stated there is a traffic problem on PGA toulevard presently, however, until the residents of the Meadows Mobile Home Park appear before the Council requesting assistance to be moved from their location on PGA Boulevard, she would not be in favor of this petition. Councilman Aldred felt the issues were a mobile home act issue and a land use issue. Councilman Aldred did not feel the Counr_il was presented with facts for available adequate facilities for relocation of the mobile home CITY CdWCIf. REGULAR MEETING, 0;/18/87 11 PAGE 8 park residents. Councilman Aldred's interpretation of the Mobile Nome Act wss the Council could not take "any official action" until they were satisfied adquate facilities exist and felt his first responsibility was to the residents who already live in Palm Beach Gardens. Referencing the land use issue, Councilman Aldred felt until the petitioner was relatively sure what was to be bui.t on this property, issues could not be adequately addressed and properly managed, and would feel more ccwP- fortable if the plan was presented before decisions were made. Councilman Aldred stated he chose to take no action on this issue as presented. vice Mayor Martino felt that someday the property in question will have tj change to commercial. In response to Vice Mayor Martino, Attorney Brant stated he was of the opinion that offfcinl action or rezoning could not occur until facts are presented by the developer or the City on its own lt;U ative that facilities actually exist. Attorney Brant felt the key issue was the Comprehensive Land Use change, and that the rezoning issue was incidental. vice Mayor Martino felt 5,cmedv ih:.5 ,,rcoerty wou[(i r—,7 to `'ave a land u,L- change, howe ve[, would only be in favor of this land use change if it was handled correctly. Mayor Feeney stated he is happy with the zoning in this area and has no intention of moving this petition to the ON. Mayor Feeney felt the resi- dents of the mobile hume park were entftled to some sort of factual CITY COUJCIL REGULAR MEETING, 6116187 PAGE_ 9 agreement which specifically states what is going to happen to them, what the proponent is willing to do, where they will be located and an ayroment by them tnir !t Ls satisfactory. Until such taue, Mayor Feeney has no intention of voting in favor of this land use change. It was the concersus of the City Council not to proceed with this peti- tion. RESOLUTIONS RESOLUTION 44, 1987 _ Attor,.ey Steve Mathison, authorized agent for Gadco, addressed the Council re: Resolution 44, 1987, Mayor Feeney read a letter from the City's Fire Narshall re: northern most access point for Gardens East Plaza and safety standards for the service station. The City Council requested changes to Resolution 44, 1987, as follows: Section 4. Add: "no later than 11:00 P.M. ". Section 10. Add: "as approved by the Building Official ". Mayor Feeney declared the Public Hearing open. Mrs. Meinschein of Meridian Park voiced her objection to the access roadway across from Firetree Drive. There being no further comments from the public, Mayor Feeney declared the Public Hearing closed. Per the concensus of the City Council the Deputy City Clerk read, by title only, Resolution 44, 1987, providing for the creation of the 244,000 sq. ft. "Gardens East Plaza" commercial PJD can 32.25 acres within 77.358 -acre "Gardens East" PCD created 315187 by the City's Ordinance 2, 1987, between AIternate A -1 -A and Gardens Fast Drive, north of Lighthouse Drive. Resolution 44, 1987, was unanimously adopted by the City Council. MODIFICATION To Tf-C AGENDA Due to the number of residents :attending the meeting for "Devonshire 40 Estates at PGA ", Mayor Feeney announced this item would be now be hearo. CITY C01ACIL REGULAR METING, 6118187 RESOLUTION "0, 1987 PAGE IO RESOLUTION 51, Mr. Hank Skokowski, authorized agent for PGA National Venture, LTD., ft7 addressed the Council re: Resolution 50 and 51, 1987, stating this peti- t.con would provide for an adult life care facility at Devonshire Estates at PGA, and he has also applied for a Comprehensive Land Use Plan amend- ment. As a mutter of record, Mr. Skoxowski stated this is not a commer- cial rezoning; that this protect would remain a high density residential development. Attorney Ken Spillias detailed the contents of Florida State Statutes re: adult care life facilities. Mr. John DeVrees detailed the functions and need of an adult care life facility in PGA National. Mr. Pirder, Traffic Consultant, stated the approved plan would generate 1,270 trips per day. Mayor Feeney declared the Public Hearin4 open. Mr. Sapir, attorney for the residents of PGA National, addressed the Council vnictng their opposi- tion to an adult care life facility being located in PGA National. Aporoximately 25 residents of PGA National voiced their d!.5approval of this project, with 4 residents stating they would approve of this develop- ment. There being no further comments from the _Iic, Mayor Feeney declared the Public Hearing closed. Per a unanimous vote of the City Council, th,- reading of Resolutions 50 and 51, 1987, was waived. Resolutions 50 and 51, 1987, were unanimously drn.'rd by the City Council. RESOLUTION 48, 1987 RESOLUTION 49, 1987 Mr. Michael Houston of Urban Design Studio, authorized agent for "Albertson's Grocery Store ", addressed the City Council re: their apolica- tinns for conditional uszr for "Albertson's" Grocery Store and Package 0 liquor Store to be located within "Crossroads At Northlake" Shopping CITY CO(hCIL REGULAR WETI'NG, 6118187 PAGE 11 Center. Mr. Houston stated the petitioner has recently filed for a variance for "Albertson's" Grocery Store, which will come before the City Council at their meting of July 2, 1987. Mayor Feeney declared the Public Hearing open. It was the concensus of the City Council to postpone the Public Hearings on Resolutions 48 and 49, 1987, to their Regular Meeting of July 2, 1987, in order that the vari- :e be heard at the same time. RESOLUTION 52, 1987 Per `)e concensus of the City Council, "Palm Beach County Planning Council" was deleted from the title of Resolution 52, 1987, as well as Section 1. The Council also requested the ;cord "courthouse" be one word throughout the resolution. Per the concensus of the City Council the Deputy City Clerk read, by title only, Resolution 52, 1987, addressing PAIm Beach ''ounty Commission, discouraging the acquisition of lands surrounding the "N.E. Palm Beach County Courthouse Annex" for the purpose of expanding their facilities. Resolution 52, 1987, was unanimously adopted by the City Council. ITEMS FOR DISCUSSION ANNEXATION AND Attorney Lawrence Smith, authorized agent for the petitioners, addressed CO WREW NSIVE LAND USE CHANGE- the Council re. annexation and comprehensive land use plan change for a BGWR DRIVE .266 acre expansion within Section 4 -42 -43 on the north side c" Bomar Drive, between U.S. Highway 01 and Ellison Wilson Road and simultaneously providing for cormercial land use designation (PO - Professional Office District). Attorney Smith stated there are two existing houses on site. One hou3e will be torn down to provide for parking and one will be turned into an office building. CITY COWCIL REGULAR WETING, 6118187 PAGE 12 The Council requested, and Attorney Smith "greed, to remove some parking 0 spaces and provide for more landscaping. Attorney Smith stated his cll- enL ,would be filing 'or a unity of title. Attorney Smith and Attorney Brant agreed this petition should be sent to the Department of CW nunity Affairs. It was the consensus of the Cminr_iI to oroceed with th,5 n•' "_l tin STAYIN ALIVE FITNESS CENTER Mr. Charles Burns, representing petitioner Michael Krause, addressed the Council requesting an appeal to the June 2, 1987, ruling of the Site Plat, and Appearance Review Crswittee, re: the proposed idPntlfiration sign for "Stayin Alive Fitness'Center" located within the Vayre's" Shopping Center at 4242 Northlake Boulevard. Mr. Burns stated they wanted to change the color of their sign from brown and white to red and white. it was the consensus of the City Council to deny this aoDeal, statinq the approval of "2ayre's" Shoppinng Center included a uniForP s;on agrPa��e ^t. 49:7969*4ENT There being no further business to discuss, the meeting was adjourned at 1:.4 A.M. APPROVAL ` MAYOR NEY VICE MAYOR MARTINO i COL#gCILMAN ALDRED OAhCILMAN KISELEWW! C ;(NCILWOMAN MO"1RC -- LINDA KOSIEP, L1 PUTY CITY CLERK