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
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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
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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
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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
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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.
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phase Is shall be grassed" should be changed to read "future construction
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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.
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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
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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
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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
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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.