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HomeMy WebLinkAboutMinutes Council 092586CITY COUNCIL e SPECIAL REGULAR MEETING CITY OF PALM BEACH GARDENS SEPTEMBER 25, 1986 The Special Reaular Meeting of the City Council of Palm Beach Gardens, Florida, was called to order by Mayor Aldred at 8:00 P.M., in the Assembly Room at the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of AIlegiance to the Flag, ROLL CALL The roll was called by the City Clerk and present were: Mayor Aldred, Vice Mayor Feeney, Councilman Martino, Councilman Kiselewski and Councilwoman Monroe. PROCLAMATIONS Mayor Aldred read a proclamations, proclaiming September 25, 1986, as 'i.'srsen Beach, Post I26, American Legion Baseball Recognition Day, then ® presented framed originals to members of this, the Florida State, Southeastern Region and World Champion American Legion Baseball Team. He also read a proclamation proclaiming September 28, 1986, as "Playscape Appreciation Day ". ITEMS BY CITY WNAGER 4ORK MEEK CHANGE OF SCHEDULE The City Manager referenced Resolution 47, 1986, on the current meeting's agenda changing the work week schedule for City employees from Thursday through Wednesday to Wednesday through Tuesday. Mayor Aldred suggested that since in tie implementation of this the work week ending September 30th, would be shorted by one day (i.e., 6 calendar days14 regularly sche- duled workdays) 32 hours rather than 40 hours be used for the purpose of calculating overtime. dikLM BEACH _ UNTY A letter was received from the Director of Intergovernmental Affairs of Palm Beach County indicating Commissioner Adams was planning an all day City Council Speolbl ReVUlarr Meeting; 41251166 Page 2 ITEMS BY CITY MANAGER (COST.) aorKshop for cities in the month of November, and requested responses by October 3 for meeting date, agenda and location. Councilman Kiselewski requested we urge the County Commissioner to choose a day when city representatives on volunteer basis could attend, suggesting perhaps a Saturday would be more convenient. It was the concensus of the Council that the City suggest this meeting be held the end of November. PALM BEACH COUNTY MUNICIPAL LEAGUE Mr. Orr stated we received a new fee schedule for the Palm Beach County Municipal League, based on the city's population. &€ -SORTS - eaovn�°-�ninRED Mayor Aldred reported attending an organizational meeting today of a group of people organizing to fight the Planning Council proposal as pre- sented by the County Commission. For the next meeting they will be requesting facilities in the Palm Beach County Governmental Center. The date will he Tuesday, Septembpr 30, 1986, at 6:00 P.M. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA SAM CARSILLO Mr. Carsillo addressed the Council re: helicopter pad at hospital; fire- house east of the railroad tracks; and property for a City libr -:y. MR. ARNWOLD KALB Mr. Arnold Kalb of the Northern Palm 4each County Homeowners Association addressed the Council requesting the Council withdraw Resolution 36, 1986, adopted August 21, 1986, encouraging Palm Beach County to maintain, as an alternative, the crossing of Hood Road over the Intracoastal Waterway as City Council Special Regular Meeting, 9125186 Page 3 part of their Year 20017 Thoroughfare Plan. The City Manager stated on trfe ,5a -8cre ro,it -- i,,r _ -; Company Reglooal Center independent traffic studv obne Included reference to this extension. Mayor Aldred clarified the intent of the City's Resolution was for the crossing of Hood Road over the Intracoastal waterway be maintained as part of the Plan until an acceet =ble alternative was found. ORDINANCES ORDINANCE 14, 1986 14aynr Aldred declared the Public Hearing open, which was duly advertised 913186 and 9113186, and recessed from the Regular Meeting of 91I8186; and additional as dull advertised 9120186 for the current meeting, and held on the intent of Ordinance 14, 1986, amending the Comprehensive Land Use PIan /Map adopted 11121185 by Ordinanc6 22, 1985, providing for: (1) A change in the delineation of the City's boundaries by a I.81 -acre expan- sion on n/w corner of PGA Boulevard and Ellison Wilson Road; and simulta- neously providing for Commercial land use designation on parcels totalling 2.988 acres, on sle corner of Smith Drive and Ellison Wilson Road and n1w corner of PGA Boulevard and Ellison 'Filson Roan; (2) A chanrl„ 1r, she delineation of the City's boundaries by a 2.13 -acre expansion at Prosperity Farms and Monet Roads, and concurrently providing for Commercial land use designation; and (3i A change in the delineation of the City's boundaries by a 12.990-acre ez.-ansion on the slw corner of U.S. Highway (11 and PGA Boulevard; and concurrently oroviding for Commercial land use designation. PU13LIC t ARNGS Mayor Aldred declared the Public Hearings open on Ordinance 12, 1986, Ordinance 13, 1986, and Ordinance 17, 1986. City Council Special Regular Meeting, 9125186 ROINANCE 12, 986 The Public Nearing f ^_i ordinance 12. 1986, which was duly ;o'vertised 8127186, 913186, 9110186 and 9117186, and recessed from the Regular Meeting of 9118186, was held on the intent of providing for annexation of parcels totalling 1.81 acres, on n1w corner of PGA Boulevard and Ellison Wilson Road; and simultaneously providing for the creation of a POD, with permitted usages of a restaurant and those under the City's PO - Professfnn)1 Office zoning district, on parcels totalling 2.988 acres, on sle corner of Smith Drive and Ellison Wilson Road and n1w corner of PGA Page b Boulevard and Ellison Wilson Road. Attorney Larry Smith addressed the Council giving an overview of the above project. Mr. Joe Legan, archi- tect, briefly described the office building and restaurant plans, stating the wooden wall previously proposed to be located between this project and + residential housing to the north has been changed to a landscaped solid ® masonry wall, pursuant to meetings with residents of the area. Larry Smith stated a landscaping permit from the State DOT for the PCA Boulevard Bridge embankment has been obtained, and negotiations with the County have rnsulted in a 80 foot right of way dedication, which will be given to the City, on Ellison Wilson Road at PGA Boulevard. Attorney Smith stated there are two clauses suggested to be added to the Ordinance, one being no food or alcoholic &-verages shall be served outside the restaurant billdinq after 9:00 p.m, nor shall music or entertainment be provided out- side the building at any time; and second, further, no sounds created within the restaurant building shall be audible beyond the north property Iine of the Planned Unit Development. It was determined the restaurant wilt stay a completely enclosed building, with no nightclub entertair�nent. ® tt was thr concensus of the Council that the Ordinance be trended to state City Council 5pecial Regular Meeting, 9125186 Paqe 5 no nightclub entertainment shall be allowed, and dinner -type entertainment 49 shall not be permitted beyond 10 :00 P.M. It was also agreed the Ordinance should state the masonry wall buffering the residential area shall be built before any construction begins, and be maintained on all sides, by the owner of this project, with the permission of owners of contiguous lands. Mr. Don Foley of 2035 Waterway Drive, Palm Beach County, addressed the Council pointing out the current problem with the shortness of the left -turn stacking lane on PGA Boulevard for traffic turning north onto Ellison Wilson Road. Referencing recommendations of Mr. .Sam Shannon of Palm Beach County's Planning Department, at the City Council's Regular Meeting of Septembar 18, 1986, re: this project, Mr. Joe Pollack described, in detail, the dedications and improvements they propose for Ellison Wilson Road, north of PGA Boulevard. ORDINANCE 13, wr AMM086 The Public Hearing for Ordinance 13, 1986, was duly advertjsad 8127186, 9/3186, 9110186, and 9117186, recessed from the Regular Meeting of 9118186, and was held on the intent of Ordinance 13, 1986, providing for annexation of parcels, totalling 2.13 acres, at Prosperity Farms and kJonet Roads, and concurrently providing for the creation of a PUD, with per- mitted usages as set forth in the City's PO - Professional Office zoning district. Attorney Larry Smith, authorized agent for this project, briefly described the site plan, stating the plans are for a small office building. It was determined that the southern border of this project would abut the corporate limits of North Palm Beach. Traffic patterns C City Council Special Regular Meeting, 9125185 Page 6 Ll and roadway improvements were reviewed. Mr. Don O'v.;1',, a resioent of the area, addressed the Council, stating the corner of Monet Road and Prom =ri`y Firms r;.,:d w., Lidngerous, and requested the petitioner put a light at the corner as it is a very da.'k area. The Council felt the iden- tification sign planned °or this project needed to be centered on the pro- perty since it would block the view of drivers exiting the project. Attorney Smith agreed to this and compliance with the City's sign code. There were no further comments from the public. ORDINANCE 17, 1986 The Public Nearing for Ordinance 17, 1986, was duly advertised 8127186, 913186, 9110186 and 9117186, and recessed from the Regular Meeting of 9118186, and was held on the intent of Ordinance 17, 1986, providing for annexation of 14.14 acres on s/w corner of PGA Boulevard, concurrently creating "The Financial Center" PUD, with permitted usages as set forth in the City's CG -1, General Commercial zoning district, on 12.990 acres and providing for zoning and classification of PM-Residential Multiple Family (Medium Density) on the remaining 1.15 acres (where the "Flame" meat and fish markets are now situated). Attorney Larry Smitn addressed the Council re: above project, outlining the road right -of -way dedications, stating 24 feet of right -of -way was being dedicated along PGA Blvd from Ellison Wilson Road to U.S. #1. In addition, right-of-way on Ellison Wilson Road has been provided,in order to have an additional right turn lane. attorney Smith agreed to Paragraph 5 of the Ordinance, where it mentions signs, both temporary and permanent, stating that "signs, both temporary and permanent, and final landscape drawings be approved by subsequent resolution ". On oage 4 of the Ordinance, above Section 3, Attorney Brant stated "future construction Ll City Council Special Regular Meeting, 9125186 Page 7 There being no further comments from the public, Mayor Ald °ed closed the Public Hearings on Ordinance 17, 1986. Ordinance 13, 1986, Ordinance 12, 1986, and Or(")ance 14, 1986. OROINIINCE 14, 1.986 By a unanimous vote of the Council, the City Clerk read on second and final reading, by title only, Ordinance 14, 1986, Ordinance 14, I986, was unanimously adopted by the City Council. E phase Is shall be grassed" should be changed to read "future construction • phases shall be fully sodded." Mr. Albert Moore, a raSidovt of the North County, stated tFs: for purposes of possible future appeal and satisfing the comment requirements of Florida Statute 163, he believed this project presented intergovernmental conflicts and was inconsistent with coastal zone requirements, and he objected to the orolect. When asked in what way this project was incon- sistent, Mr. Moore stated he was not prepared to state in what way this project ias .inconsistent, but merely wanted to point out t5e po ^sibility of an appeal to this project by the North County residents. Mr. Moore stated his address was 12820 Kelly Street, Palm Beach County. Mr. ,john English, a resident on Ellison Wilson Road, stated the coordinated efforts of this project between the Council and the County, etc., will zesult in .better traffic patterns in the area. He felt the project would be an asset. A number of residents on Ellison Wilson Road were present to state they were in favor of this project. It was the concensus of the Council, and agreed to by Attorney Smith, to make the northernmost curb cut on US #1 an ingress only, and to make the -xi.t for that parking lot a right turn only. There being no further comments from the public, Mayor Ald °ed closed the Public Hearings on Ordinance 17, 1986. Ordinance 13, 1986, Ordinance 12, 1986, and Or(")ance 14, 1986. OROINIINCE 14, 1.986 By a unanimous vote of the Council, the City Clerk read on second and final reading, by title only, Ordinance 14, 1986, Ordinance 14, I986, was unanimously adopted by the City Council. E City Caunc.il Special Regular Meeting, 9125186 Page 8 ORDINANCE 12, 1986 By a uianimous vote of the Council, the City Attorney read amendments to Ordinance 12, 1986, specifically to Sectior 3, where "no nightclub inter - Otainment shall be permitted on said premises, however, dinner type enter - ta�,dvent shall be permitted until 10:00 P.M.; no food or alcoholic beverages shall be served outside the building after 9:00 P.M. nor shall music, entertainment or loud speakers emitting sound be providad outside the restaurant building at any time. Further no sounds created within the restaurant building shall be audible beyond the north property line of the Planned Unit Development. Councilwoman Monroe stated she would be voting against this pro- ject after having weighed both sides, and considering the inconveniences caused to the residents surrounding the restaurant. Attorney Brant stated the Ordinance would be amended to include "the petitioner shall be responsible for maintenance and perpetuity of the barrier wall on the north line of the property with the proviso that the contiguous property owners grant permission to utilize the land for such maintenance" to be inserted immediately above Section 5. By a vote of 4 ayes and I nay, with the nay vote being cast by Councilwoman Monroe, the City Clerk read on second and final reading, by title only, Ordinance 12, 1986. Ordinance 12, 1986, w3s adopted by the City Council, by a vote of 4 ayes and 1 nay, with the nay vote being cast by Councilwoman Monroe. ORDINANCE 13, 1986 By a unanimous vote of the City Council, the City Clerk read on second and final reading, by title only, Ordinance 13, 1986. Ordinance,13, 1986, was unanimously adopted by the City Council. ORDINANCE 17, 1.986 Councilman KiseIewski made ,a ration that Ordinance 17, 1986, be read on • City Council Special Regular Meeting, 9125186 Page 9 second and final reading, by title only, with the insertions as discussed re: fully sodded in Section 4 and final landscape drawings as indicated in Ser•finn 5, And cl' °t s; >ul „bons made by the petitioner's 1,;;0resentative be made a part of the record and ordinance. Ay a unanimous vote of the City Council, the City Clerk read, by title only, Ordinance 17, 1986. Ordinance I7, .1986, was unanioously adopted by the City Council. Councilman Martino ccmolim�3nted the City Council, City staff and Attorney Larry Smith for all the effort that was put into these projects. ORDIPIANCE 21, 1986 Mayor Aldred declared the Public Hearing open, which was duly advertised September 10, 1986 and September 22, 1986, and held on the intent of Ordinance 2I, 1986, adopting the City's Budget for the 1986/1987 Fiscal Year. There being no comments from the public, the Public Hearing was closed. By a unanimous vote of the City Council, the City Clerk read on second and final reading, Ordinance 21, I986, adopting the City's Budget for the 198611987 Fiscal Year. Ordinance 21, 1986, was unanimously adopted by the City Council. ORDINANCE 22, 19e6 Mayor Aldred declared the Public Hearing open, which was duly advertised September 10, 1986, and held on the intent of Ordinance 22, 1986, updating and re- establishing retirement plan for all general employees of the City. There br•;ng no comments from the r4iblic, the Public Nearing was closed. By a unanimous vote of the Council, the City Clerk read on second and final reading, Ordinance 22, 1986, updating and re- establishing the retirement plan for all general employees of the City. Ordinance 22, 1986, was unanimously adopted by the City Council. City Council Special Regular Meeting, 9125186 Page 10 RESOLUTIONS: RESOLUTION 42, 1986 Per the concurrence of the City Council, the City Clerk read, by title • only, Resolution 42, 1986, Ievying a tax of 3.771 mills on non- exempt real and personal property within the City. Resolution 42, 1986, was unani- mously adopted by the City Council. RESOLUTION 43, 1986 Per the concurrence of the City Council, the City Clerk read, by title only, Resolution 43, 1986, increasing the annual salary and IXnployment benefits of the City Manager. Resolution 43, 1986, was unanimously adop:rd by the City Council. RESOLUTION 44, 1986 Per the concurrence of the City Council, the City Clerk read, by tit,l'� only, REsolution 44, 1986, reappointing various Deoartment Heads, Assistant Department Heads and Officers of the City. Resolution 44, 1986, ",,aniauusly adopted by the City Council, SOLUTION 45, 986 The Council requested the City Manager research the minimum, maximum and mean salaries of ,jab classifications of the City vs comparable municipali- ties. It was the concensus of the Council to change the maximum salary for the City Manager to $48,000. Per the concurrence of the City Council, the City Clerk rer�j, by title only, Resolution 45, 1986, establishinq the minimum and maximum salaries of ,job classifications of the City. Resolution 45, 1986, was unanimously adopted by the City Council. RESOLUTT,)N 46, I986 Per the concurrence of the City Council, the City Cl -rk read, by title only, Resolution 46, 1986, ratifying the Employment Agreement for the 1986/1987 Fiscal Year negotiated by the City Manager with the Service Employees International Union. Resolution 46, 1986, was unanimously adopted by the City Counc;iI. City Council Special Regular Meeting, 9125186 Page 11 RESOLUTION 47, 1986 Per the concurrsnce of the City Council, the City Clerk read, by title only, Resolution 47, 1986, amending the City's Merit System Rules and Regulations, providing for "Wednesday through Tuesday" to be the City employees' work week. Per the recommendation of the City Manager the last line of of I of the Sub- paragraph 111" of Sub - section "A. General" of "Section IV. Hours of Work and Work Weeks" of the City's Merit System Rules and Regulations, it will read "The work week shall be any five days Wednesday through Tuesday." Resolution 47, 1986, was unanimously adopted by the City Council. ITEMS FOR DISCUSSION SITE PLAN AND APPEARANCE REVIEW COMMITTEE Councilman Martino questioned why the Council would not have the chance to review the request for a solarium addition to Wendy's Restaurant. Attorney Brant stated the Site Plan and Appearance Review Committee ini- tially approved Wendy's Restaurant. It was the consensus of the Council that members of the Site Plan and Appearance Review Committee should be made aware of the landscaping problems at Scotty's when they appear before them on October 7, 1986, for approval of color scheme for shingles. CITY PARK LOCATED AT PGA NATIONAL E Councilman Kiselewski stated he understood Doug hood, Director of Recreation and Parks, would be coming before the Council tonight to get approval to use the City park located in PGA National before the cedica- Lion. The City Manager stated the City is still waiting for the title to be transferred to the City of Palm Beach Gardens, and we cannot authorize it to be used while PGA National is liable.