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HomeMy WebLinkAboutMinutes Council 030785CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS MARCH 7, 1985 The Regular Meeting of the City Council of Palm Beach Gardens, Florida, was called to order by Mayor Michael Martino, at 8:00 P.M., in the Assembly Room, 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The roll was called by the City Clerk and present were: Mayor Martino, Vice Mayor Monroe, Councilman Aldred, Councilman Kiselewski, and Councilman Feeney. City Manager John Orr and Attorney William Brant were also in attendance. MINUTES: The minutes of the Regular Meeting of February 21, 1985, and Workshop Meeting of February 28, 1985, were unanimously approved by the Council, as written. ATJNOUNCEMENTS: Mayor Martino announced that meetings of the Planning & Zoning Commission and Palm Beach Gardens Fire Department, Inc. will convene at 7:30 P.M., on Tuesday, March 12, 1985. Also, that our Beautification & Environmental Com- mittee will meet Wednesday, March 13, 1985, at 7 :30 P.M.. CALL FOR BIDS: The two sealed bids received for a Breath Testing Instrument for the Police BREATH TESTING Department, as duly advertised February 19, 1985, were opened and read aloud by the City Clerk, as follows: Kennedy & Kennedy, Inc., 1310 Gateway Road, Unit 210, Lake Park, FL33403: $3,800.00, plus optional phone communication system of $380.00 George Thomas & Associates, P. 0. Drawer 1027, Jupiter, FL33468: $4934.00 By a unanimous vote of the Council, these bids were remanded to the City Manager for recommendation. CITY COUNCIL REGULAR MEETING, 317185 PAGE 2 ITEMS BY THE CITY MANAGER: PURCHASE OF Per the recommendation of the City Manager, the one bid received February 28, PIIX-UP I RUCK .Vl PUBLIC 1985, from General GMC Truck Sales & Service for One New Medium -Sized Cab & WORK DEPT. Chassis Pick --Up Truck was awarded by a unanimous vote of the Council - the $9,200 to be taken from account 15- 64.10. PURCHASE OF Per the recommendation of the City Manager, the lowest bid received February SMALL FOUR - AREEE-TRACTOR 28, 1985, from Sunrise Ford Tractor Company, Inc. for One Small Four -Wheel Drive FOR PUBLIC WORKS DEPT. Tractor Suitable for Misc. Grass Maintenance Operations was awarded by a unani- mous vote of the Council - the $6,345 to be taken from account 15- 64.20. BID SALE OF Per the recommendation of the City Manager, the Council unanimously adopted a CITY'S ATEA7V=/FORD motion he and our Fire Chief be authorized to negotiate the bid sale of our 1967 7.50 PUMPEH, 4 XT-CAZSIS Atlantic /Ford 750 Pumper, 4X4 Chassis, as efforts have been futile in selling it by quotes or sealed bids. - ITIONERS TO Per the recommendation of the City Manager, the City Attorney was requested to Er- VINMUiALLY RT3PDVS= FOR draft an Ordinance for the Council's consideration, amending Section 2 -91 of TIME SPENT BY ER Article V, Chapter 2, of the City's Code by providing for petitioners to be financially responsible for time spent by the City Engineer. REPORTS: Mayor Martino reported on the meeting he attended of the City's Recreation MAYOR MARTINO Advisory Board on Tuesday, March 5, I985. The minutes of this meeting are on file in the City Clerk's office. ITEMS BY THE MAYOR AND COUNCIL: MAYOR MARTINO Mayor Martino requested the other members of the Council to, during the next week, familiarize themselves with the area of the duplexes owned by Bankers Land Company and located along the east side of the Lighthouse Drive /Ironwood Road segment of Holly Drive. He has been working with members of their staff for approximately one year; and they have negotiated what he feels would make the area more palatable to the neighborhood. The proposed plans for improving this area will be presented to the Council at their Workshop Meeting of March 14, 1985. CITY COUNCIL REGULAR MEETING, 317185 PAGE 3 Mayor Martino requested the City Manager to follow up with the County Traffic Division the reported insufficient lapse in time of the walk light at PGA Boulevard & Military Trail. VICE MAYOR Vice Mayor Monroe requested that the administrative outline of Items Pending MO T For Discussion include the Council's consideration of a policy to annually incorporate boundary /zoning changes into the City's Comprehensive Land Use Plan/ Map. COUNCILMAN Councilman Kiselewski noted the analysis provided by the Palm Beach County KISELEWSKI Supervisor of Elections on registered voters of our City. COUNCILMAN Councilman Aldred expressed displeasure with the location /lack of screening L of the dumpster and the accumulation of debris in front of the Palm Beach Gardens High School. Councilman Aldred questioned the State's prohibition of motorists, regardless of their yielding the right -of -way, making right hand turns onto Alternate A -1 -A from Burns Road when the traffic signal is red. VIMONROE- CE Vice Mayor Monroe requested a report at next week's Workshop Meeting on the status of the drafts of Ordinances on the City's Recreational Land /Facilities Fee Account and Tree Preservation. RESOLUTIONS: Mayor Martino declared the Public Hearing open, which was duly advertised January RESOLD, 2, 1985, recessed from the Regular Meetings of January 17, 1985 and February 21, 1985, and held on the Council's consideration of Resolution 2, 1985 - permitting as a CG -1 - General Commercial "Conditional Use" the sale /service of alcoholic beverages for on- premise consumption at "Snapper's Restaurant ", proposed to be located at 2166 Barnard Drive. CITY COUNCIL REGULAR MEETING, 317185 PAGE 4 Per the request of the petitioner in a communication dated February 22, 1985, a motion was unanimously adopted by the Council they recess the subject Public Hearing and their consideration of adoption of Resolution 2, 1985, until their Regular Meeting of March 21, 1985 - at which the Council will also, subsequent to exercising a duly advertised Public Hearing, consider adoption of a Resolution granting the variance request of the petitioner for an exception to the require- ment of Section 3 -30 of Article II of Chapter 3 of our Code re: the distance restrictions of 750 feet between alcoholic beverage vendors. RESOLUTION 6, Per the concurrence of the Council, the City Clerk read, in full, Resolution 1985 6, 1985, appointing members to the Board of Trustees of the Firemen's Retire- ment Trust Fund for two years. Resolution 6, 1985, was unanimously adopted by the Council as read by the City Clerk. ORDINANCES: Attorney Fred Cohen addressed the Council pursuant to their consideration of the c"DINANCE 3, intent of Ordinance 3, 1985, amending the "PGA Office Complex" PUD, created Sep - 197-- tember 2, 1982 by Ordinance 13, 1982, on a 4.50 -acre parcel located on the south side of PGA Boulevard, west of the Drivers License Facility. Mayor Martino acknowledged the communication dated March 4, 1985, from Mr. Donald W. Miller, Managing General Partner of First Partners, Ltd., responding to com- ments re: the proposed PUD generated by our Administrative Planning Coordinator, contracted Engineer, and Forester /Code Enforcement Officer. Attorney Cohen and Mr. Joseph B. Pollock, Jr., Vice President of Kimley -Horn & Associates, Inc., reviewed with the Council "Exhibit E" of the Ordinance, out- lining the further improvements the petitioner proposes to make to the northerly end of the shared access roadway to be developed by the U.S. Postal Service for their regional office to the south. CITY COUNCIL REGULAR MEETING, 317185 PAGE 5 Mr. Mark J. Gillis of David Plummer & Associates Inc., contracted independent traffic engineers, referenced the proposed "Exhibit E" reporting to the Council v they were in agreement with the design. However, he warned that the "shading" on the plan of the exact improvements the petitioner is proposing to be obligated to make is subject to interpretation. In response to Mr. Gillis' comments, Attorney Cohen advised that the petitioner will be responsible for the striping of of the segment of the roadway they improve and its proper tapering down to two lanes. These areas will, too, be shaded in. Discussion ensued re: the uncertainty of the exact plans of the now -owner of the proposed right -of -way lands, Bankers Land Company (i.e., the specific location of the road right -of -way; whether they will allow the applicant to make the improve- ments proposed, and if /when it will be dedicated to the City). Attorney Fred Cohen offered that per his conversation with Mr. Steve Cohen, General Counselor of Bankers Land Company, the subject roadway will be built in accordance with the City's standards and dedicated. Per his and Mr. Pollack's examination, there is sufficient right -of -way for the improvements they and the Postal Authorities propose. If the subject application is granted, the petitioner intends to have the improvements they are obligated to make to the roadway per- formed by the general contractor employed by the Postal Authorities. Mr. Pollack identified the road right -of -way outlined on the proposed "Exhibit E" as, in fact, that proposed to be dedicated to the City by Bankers Land Company. Kimley -Horn & Associates, Inc. was contracted by the land owner to prepare the survey /plans for this proposed roadway commonly known as "Post Office Road ". CITY COUNCIL REGULAR MEETING, 317185 PAGE 6 The City Attorney recommended that the Council take a position as to whether they would allow the proposed project with the subject right -of -way privately owned. If not, the project should not be permitted without the protection of at least knowing, for certain, the land owners intentions re: dedicating the easement. A conditional clause could be incorporated into the Ordinance. Pursuant to the poll of the Council members on their thoughts re: considering approval of the subject application, Attorney Cohen agreed with their recessing the Public Hearing on their consideration of providing for the Planned Unit Development as proposed until the Regular Meeting of March 21, 1985, enabling the petitioner to submit a letter of intent from Bankers Land Company outlining: (1) there is sufficient right -of -way for "Post Office Road" to be developed as pro- posed; (2) whether they will permit the applicant to improve the right -of -way per "Exhibit E"; and, (3) if /when they will dedicate the right -of -way to the City - to be per the time frame outlined in the Ordinance. Workshopping Ordinance 3, 1985, it was decided that the last sentence of the second paragraph of Section 3. stating "It is expressly understood that the Petitioner shall not be liable for the cost of or the furnishing of the required roadway right -of- way." be deleted in its entirety. Councilman Kiselewski suggested that the Ordinance include verbiage, prohibiting the developer from locating lettering /signage on any of the sides of the twin towers themselves. Attorney Cohen and Mr. John Glidden, authorized agent, con- curred with this. CITY COUNCIL REGULAR MEETING, 317185 PAGE 7 Mr. Gillis reported that per the request of Vice Mayor Monroe, they reviewed the intersection of PGA Boulevard and Alternate A -1 -A in terms of the reserve capac- ity. Assuming the Bankers Land Company Regional Center is built, that I -95 is extended to the north, the PGA Boulevard corridor is developed per the DRI statement for the referenced Regional Center, and the lands to the west along PGA Boulevard are developed per the City's Comprehensive Land Use Plan, the intersection approaches the limits of the level of service "D ", leading into "F_ ". He suggested that the City, in its future comprehensive planning efforts, start looking at alternative east /west connectors. Mr. John Glidden of Oliver & Glidden Architects presented a scaled model of the project, as previously requested by the Council. As during past workshop sessions on this project, Vice Mayor Monroe noted the substantial variation from the setback requirements of our most - intense commercial zoning classification, CG -2. She reiterated discomfort with the intensity of the project; and the developer not making any compromises in reducing its size (i.e., reducing the square footage /heights of the buildings and setting them back further from the property lines). In response to Vice Mayor Monroe, Mr. Glidden offered that they had not addressed the landscaping of the PGA Boulevard median in front of the project; however, it would be their desire to see it improved, if they had to do it themselves. (Bankers Land Company, owner of the 458.185 -acre Regional Center to be developed on the north side of PGA Boulevard, will be responsible for the irrigation of the medians along the Prosperity Farms Road /Alternate A -1 -A segment of PGA Boulevard.) vice Mayor Monroe suggested that the City's Forester, Mr. Jon Iles, be consulted as to the species of vegetation to use for this project. CITY COUNCIL REGULAR WETING, 317185 PAGE 8 Attorney Cohen referenced the February 1, 1985, communication of the City's Forester, advising that they have agreed to comply with his second and third u suggestions. With regard to his first suggestion that the live oaks be located along the southern perimeter of the property rather than 9' from the parking garage, Attorney Cohen advised there is a 12' -wide utility easement. Mr. Jeff Blakely, Landscape Architect, explained that he had spoken with the City's Forester; and they have agreed to review this at such time the project is built. He noted that where the trees are located will have a great bearing on how the building will be viewed. They agree to accept the maintenance problem asso- ciated with the trees being the proposed distance from the parking garage. Vice Mayor Monroe noted that the parking garage could be moved northward, alleviating the problem of the live oaks being too close to the parking garage at maturity. The Landscape Plan for this project will be modified, incorporating suggestions two and three of the City's Forester in his communication of February 1, 1985. The Mayor advised Attorney Cohen that the items they agreed to via the March 4, 1985, communication of Mr. Donald W. Miller, Managing General Partner of First Partners, Ltd., shall be incorporated into the plans for the project prior to the Council's consideration of its approval. The existing trees to be preserved shall also be identified on the Landscape Plans. Mayor Martino declared the Public Hearing open, which was duly advertised Febru- ary 20, 1985, and held on the Council's consideration of adoption of: (1) Ordi- nance 3, 1985, amending the "PGA Office Complex" PUD created September 2, 1982, by Ordinance 13, 1982, on a 4.50 -acre parcel located on the south side of PGA Boulevard, west of the Drivers License Facility; and (2) rezoning the subject lands by creation of the amended PUD. CITY COUNCIL REGULAR MEETING, 317185 ORDINANCES: ORDINANCE 4, I985 ADJOURNMENT: PAGE 9 Councilman Kiselewski made a motion that based on the earlier comment of Attorney Cohen, the Council recess the Public Hearing on their consideration of adoption of Ordinance 3, 1985, until their Regular Meeting of March 21, 1985 - to convene at 8:00 P.M.. Vice Mayor Monroe seconded the motion; and it was unanimously adopted. Councilman Kiselewski made a motion the Council recess the Public Hearing on their consideration of rezoning the subject lands by creation of the amended PUD until their Regular Meeting of March 21, 1985 - to convene at 8:00 P.M.. Vice Mayor Monroe seconded the motion; and it was unanimously adopted. The City Attorney will cross -check the accuracy of the Project Numbers and Dates outlined in the second paragraph of Section 1 of Ordinance 3, 1985. Also, the words "adequate /equivalent" will be inserted between the words "paved" and "parking" in the first line and the words "construction forces" will be inserted between the words "tenants," and "and" in the fifth line of sub - paragraph B. of Section 5. By a unanimous vote of the Council, the City Clerk read on first reading, by title only, Ordinance 4, 1985, requiring water Iine back -flow preventers to be installed no greater than 2' above grade; and screened by a fence constructed of solid material other than vegetation and landscaped. A duly advertised Public Hearing and the Council's consideration of adoption of Ordinance 4, 1985, will take place at their Regular Meeting of March 21, 1985. With no further business, the meeting adjourned at 11:03 P.M.. CITY COUNCIL REGULAR MEETING, 317185 )'�'c-Y�,k� MAYOR W RTINO VICE MAYOR MONROE �/ �� CITY CLERK COUNCILMAN ALDRED "v44�1 ' /�UNCILMAN KISELEWSKI COUNCILMAN FEENEY PAGE 10