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HomeMy WebLinkAboutMinutes Council 091985CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS SEPTEMBER 19, 1985 The Regular Meeting of the City Council of Palm Beach Gardens, Florida, was called to order by Vice Mayor Donald Kiselewski, 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 Allegiance to the Flag. ROLL CALL: The roll was called by the City Clerk and present were: Vice Mayor Kiselewski, Councilman Martino, Councilman Aldred, and Councilman Feeney. Due to illness, Mayor Monroe was not in attendance until later in the meeting - when the Council was discussing their consideration of adoption of Ordinance 20, 1985. City Manager John Orr and Attorney William Brant were also in attendance. MINUTES: The minutes of the Regular Meeting of September 5, 1985, and Workshop Meeting of ` September 12, 1985, were unanimously approved by the Council, as written. ANNOUNCEMENTS: Vice Mayor Kiselewski announced that the City's Site Plan and Appearance Review Committee would be meeting at 7:30 P.M., on Tuesday, September 17, 1985. ITEMS BY THE CITY MANAGER: REPAIR OF PUMP The City Manager reported that the irrigation pump station for the "Gardens Park" STATION FOR TVARDENS- PARK" ballfields and Municipal Complex lands is presently inoperable; and the one local ===A —L COMPLEX LA DS firm that can repair it cannot give the City a cost quote until Monday, September 23, 1985. Taking into consideration the possible damage the lack of rain /irrigation could do to the sizable investment the City has in improvements to the lands, a motion was made by Councilman Martino, seconded by Councilman Aldred, the City Manager be authorized to expend up to $15,000 from the Council Contingency Account for CITY COUNCIL REGULAR MEETING, 9119185 PAGE 2 the improvements to the pump station. Vote on this emergency measure: Vice Mayor Kiselewski, Councilman Martino, and Councilman Aldred aye; Councilman Feeney voted nay as he felt the Council could consider approval of the funds at a Special Meeting on September 26, 1985 - three days after the cost quote is expected to be received. TCRPC REVIEW The City Manager reported that pursuant to the Comprehensive Planning Act of OF CITY'S COMP. PLAN/ 1975, the Treasure Coast Regional Planning Council will be reviewing the City's ]9A� proposed amendments to our Comprehensive Land Use Plan and Map at their meeting of September 20, 1985. The City received a copy of the Planning Council's Staff Report. Representatives of the City are not required to be in attendance at the meeting. TRAFFIC SIGNAL The City Manager reported that Palm Beach County Traffic Engineer Charlie T BURN3 RD . & MILITARY TR. Walker has been apprised of the problem with the traffic signal at the intersec- tion of Burns Road and N. Military Trail staying green too long for those motorists travelling west. If the problem is not resolved within a short period of time, the County will restudy the signalization. REPORTS: Vice Mayor Kiselewski reported on the meeting he, member, attended yesterday of VICE MAYOR the Palm Beach County Solid Waste Authority and today of the Palm Beach County R23FLEWSKI Metropolitan Planning Organization. ITEMS BY THE MAYOR AND COUNCIL: COUNCILMAN Pursuant to the communication acknowledged by the Council at their Regular R RELOCATION OF Meeting of May 16, 1985, of Mr. John Caporini, Chairman of the City's Recre- F LL PRAC- ation Advisory Board, a motion was unanimously adopted authorizing the City TICE FIELD AT RK" Manager to expend up to $10,000 from the Council Contingency Account for the relocation of the softball practice field in the southeast corner of "Gardens Park" further east in line with the softball fields to the north and east. CITY COUNCIL REGULAR MEETING, 9119185 PAGE 3 PARKING OF In response to Councilman Martino, the City Manager advised that the City's FOR PARK" Police Department has been instructed to disallow motorists from parking their vehicles along Burns Road in front of "Gardens Park ". CONCERN RE: Councilman Martino referenced the discussions at the Regular Meeting of August 1, rU0NT7__COM- PUD136IRG- 1985, relative to the accident ratio on Northlake Boulevard; and expressed con - LE TRAF- T=ROBLEMS cern re: the problem being further compounded with Palm Beach County's approval UN-NURTREAKE BLVD. of at least two more automobile dealerships on the artery - on the northeast corner of Sunrise Drive & Northlake Boulevard. The City Manager was requested to learn whether these land usages are compatible with the County's Comprehensive Land Use Plan /Map. COUNCILMAN In response to Councilman Feeney, Recreation Director Doug Hood advised that FEENEY non - residents of the City do pay an extra $25 fee to play at the City's Community USE OF CITY'S GYM BY NON- Center. However, in September, when the gym is under its annual maintenance program, free -play is allowed. Councilman Feeney requested Mr. Hood to supply the Council a log of residents versus non - residents using the City's gym. COUNCILMAN Councilman Aldred reported that he received a complaint from a resident that ALDRED lives near Flag Drive re: a patrolman advising her the problem she had with CITY POLICE DEPT. ANIMAL dogs attacking her was not a police matter. Councilman Aldred will supply the UUMHUL RLSPON- City Manager the specifics on the incident(s); and requested a follow -up report from Police Chief Ronald Neubauer subsequent to his taking office on September 30, 1985. Councilman Aldred's understanding is that this currently is a police matter; however, if it is not, he would like for the Council to consider passage of an Ordinance providing for same. "CE MAYOR Vice Mayor Kiselewski offered that he will try to attend the Palm Beach County _FLFk�SKI Municipal League meeting tomorrow, when one of the topics of discussion will be a compromise on weighted voting. CITY COUNCIL REGULAR MEETING, 9119185 PAGE 4 rQWF.NT-5 F4ROM TNF PIIRI Tr FnR TTFMS UUX rU 1HE AGENDA: °TTORNEY LARRY Attorney Larry Smith and Architect Joe Legan addressed the Council as repre- =PTH sentatives of "severel " developers in the north county area, referencing ARCHITECT JOE ZEN the State "Growth Management" legislation that takes effect October I, 1985, and provides for two times a year a Comprehensive Land Use Plan /Map can be amended. Noting that the Council is proposing the months of May and November for updating the City's Plan /Map, Attorney Larry Smith suggested the Council consider amending ours between the proposed October 3, 1985, update and the end of 1985, incorporating all changes in zoning and the City's boundaries made during that time period per applications in- house. The members of the Council expressed receptiveness to Attorney Smith's suggestion, if the requested future recommendation of the City Manager is affirmative. Architect Joe Legan requested the Council to consider the establishment of a policy, providing for developers, once their zoning requests are approved, to be able to proceed with construction documents without risking the City not changing its Comprehensive Land Use Plan /Map accordingly. The City Attorney explained that the total effect of the new mandate is still being explored. The Council's consideration of adoption of Resolution 39, 1985, setting two times a year for amending the City's Comprehensive Land Use Plan /Map, has been tentatively scheduled for the Regular Meeting of October 3, 1985. CITY COUNCIL REGULAR hLETING, 9119185 PAGE 5 RESOLUTIONS: Mr. Hank Skokowski, President of Urban Design Studio and authorized agent for ' 50LUTIONS PGA National Ventures, Ltd., addressed the Council pursuant to their consider- ,_..,, 37? AND 38, 2985 ation of: (1) Resolution 36, 1985, amending the Development of Regional Impact approval stipulation agreement for the PGA National, as adopted 8131178 by Resolution 44, 1978; (2) Resolution 37, 1985, amending the "PGA National" Master Development Plan, as adopted 8131178 by Resolution 43, 1978; and amended 12/18/80 by Resolution 69, 1980, and 715184 by Resolution 38, 1984; and (3) Resolution 38, 1985, adopting a "Developers Agreement" between the PGA National and the City that provides for the developer, at a minimum cost of $862,300., to make recreational improvements to the 36 -acre park in the southeast corner of the "PGA National" PCD, in lieu of creating the 13.816 -acre recreation park in the southwest corner, as required in paragraph 14 of Resolution 43, 1978 (i.e., apply at least the appraised value of the 13.816 -acre recreation park toward recreational improvements to the 36 -acre park). Per the Council's request at the Workshop Meeting of September 12, 1985, Mr. Skokowski illustrated the developer's intent with respect to the type and stan- dard of park improvements to be installed on the 36 -acre public park site. This, the two appraisals on the potential 13.816 -acre public recreation park site "swapped ", a communication addressing the status of the PGA National Master Plan relative to commercial and industrial land areas, and a statement from the developer that the Master Plan, as proposed to be adopted, is consistent with the City's Comprehensive Land Use PlanlMap with regard to recreation, will be made a part of the subject applications. Mr. Skokowski referenced the now - requirement in the Development Order for twenty one -acre recreational sites within the PGA National project; and requested they, while complying with the quantity requirement, receive credit for all recrea- tional areas dedicated to /maintained by the homeowners associations, regardless of size. CITY COUNCIL REGULAR MEETING, 1985 PAGE 6 In response to Vice Mayor Kiselewski with reference to the clause in the Devel- opment Order providing for the conveyance to the City of lands for use for police and fire protection and emergency rescue service, the City Manager explained that the intent is to have a fire station in the PGA National. The Fire Chief is in agreement with the current proposal. In discussing this with the police department, it is not advantageous to have a satellite police sta- tion. In the event the City would, in the future, choose to add to the proposed facility, the site would be more than sufficient. Vice Mayor Kiselewski declared the Public Hearing open, which was duly adver- tised on September 3, 1985, and held on the Council's consideration of Resolution 36, 1985. Members of the audience did not address the Council. Vice Mayor Kiselewski declared the Public Hearing closed. Per the concurrence of the Council, the City Clerk read, by title only, Resolution 36, 1985. The members of the Council found, as fact, that the amendments provided for by Resolution 36, 1985, did not constitute a substantial material deviation to the original Development Order, thus not requiring the Treasure Coast Regional Planning Council's approval. By a unanimous vote of the Council, Resolution 36, 1985, was adopted with the word "required" inserted in the stead of the word "second" in the fifth sentence of the sub - paragraph of paragraph 2. of "Exhibit 111. Vice Mayor Kiselewski declared the Public Hearing open, which was duly advertised September 3, 1985, and held on the Council's consideration of Resolution 37, 1985. Members of the audience did not address the Council. Vice Mayor Kiselewski declared the Public Hearing closed. CITY COUNCIL REGULAR MEETING, 9119185 PAGE 7 During the discussions on Resolution 37, 1985, the City Manager verified with Mr. Skokowski that the proposed revisions to the "PGA National" Master Develop - ment Plan do not include the deletion of the ingress /egress on S.R. 710 (Bee - Line Highway). Per the concurrence of the Council, the City Clerk read, by title only, Resolution 37, 1985, Resolution 37, 1985, was unanimously adopted by the Council. Per the concurrence of the Council, the City Clerk read, by title only, Resolution 38, 1985. Resolution 38, I985, was unanimously adopted by the Council with the correction of clerical errors and the addition of "(West Lake Park Road)," between the words "Boulevard" and "having" in paragraph 1. of "Exhibit 111. RESOLUTION 40, Mr. Hank Skokowski, authorized agent for PGA National Ventures, Ltd., addressed 5 — the Council pursuant to their consideration of approval of the applicant's request for the creation of "The Barclay Club" PUD on the 38.54 -acre S -7 tract of the PGA National PCD by adoption of Resolution 40, 1985. Per the concurrence of the Council, the City Clerk read, by title only, Resolu- tion 40, 1985, with the date of "September 17, 1985" inserted in the stead of "July 16, 198511, in the heading paragraph and paragraph of Section 1. Resolution 40, 1985, was unanimously adopted by the Council as read by the City Clerk. ORDINANCES: Vice Mayor Kiselewski declared the Public Hearing open, which was duly adver- ORDINANCE 17, tised August 19, 1985, recessed from the Regular Meeting of September 5, 1985, 29U5_ and held on the intent of Ordinance 17, 1985, providing for the creation of a PUD, with underlying zoning of RH -High Density Residential District, on the east side of Military Trail, between the Manson Condominiums and the Thompson River. CITY COUNCIL REGULAR MEETING, 9119185 PAGE 8 Mr. David Brady, applicant, gave a brief presentation on the project, expounding on those modifications made to the plans pursuant to the discussions at the Regular Meeting of September 5, 1985. The Ordinance was modified, providing for the conveyance of an easement to the City to be used as ultimate right -of- way for Military Trail along the front of the project. No members of the audience addressed the Council. Vice Mayor Kiselewski declared the Public Hearing closed. By a unanimous vote of the Council, the City Clerk read, by title only, on second reading, Ordinance 17, 1985, with the figure 11$600.00" inserted in the blank of Section 2. A motion was made, and seconded, the Council adopt Ordinance 17, 1985, as read by the City Clerk. Discussion on the motion: Councilman Feeney related that he was going to vote for passage of the Ordinance; however, he was not in favor of the location of the project (i.e., immediately to the south of the Thompson River Bridge, with ) ingress /egress on the heavily- traversed Military Trail) from the traffic stand- point. The motion to adopt Ordinance 17, 1985, was unanimously adopted by the Council. ORDINANCE 18, Vice Mayor Kiselewski declared the Public Hearing open, which was duly advertised 3� August 19, 1985, recessed from the Regular Meeting of September 5, 1985, and held on the intent of Ordinance 18, 1985, amending the City's Comprehensive Land Use Plan to reflect zoning approved via Ordinance 17, 1985. No members of the audience addressed the Council. Vice Mayor Kiselewski declared the Public Hearing closed. CITY COUNCIL REGULAR MEETING, 9119185 PAGE 9 By a unanimous vote of the Council, the City Clerk read, by title only, on second reading, Ordinance 18, 1985. Ordinance 18, 1985, was unanimously adopted by the Council. ORDINANCE 19, Vice Mayor Kiselewski declared the Public Hearing open, which was duly adver- 1985 tised August 19, 1985, recessed from the Regular Meeting of September 5, 1985, and held on the intent of Ordinance 19, 1985, providing for an extension of the permissible time for the completion of the 1.29 -acre "Oakpark Office Park" Phase II PUD, created 8120181 by Ordinance 18, 1981. Attorney Larry Smith, authorized agent, addressed the Council pursuant to this application, clarifying the uncertainties at the Regular Meeting of September 5, 1985. No members of the audience addressed the Council with respect to their consider- ation of adoption of Ordinance 19, 1985. Vice Mayor Kiselewski closed the Public Hearing. By a unanimous vote of the Council, the City Clerk read, by title only, on second reading, Ordinance 19, 1985. Ordinance 19, 1985, was adopted by a unanimous vote of the Council. ORDINANCE 20, Vice Mayor Kiselewski declared the Public Hearing open, which was duly advertised 1Y85 September 3rd, 18th, and 16th, 1985, and held on the intent of Ordinance 20, 1985, providing for the adoption of the City's budget for the 198511986 Fiscal Year. With no comments from members of the audience, Vice Mayor Kiselewski declared the Public Hearing closed. By a unanimous vote of the Council, the City Clerk read, by title only, on second & final reading, Ordinance 20, 1985. Ordinance 20, 1985, with the 8126185 draft of the budget itself attached, was unanimously adopted by the Council. CITY COUNCIL REGULAR FETING, 9119185 PAGE 10 RESOLUTIONS: Per the concurrence of the Council, the City Clerk read, by title only, Resolu- RESOLUTION 30, tion 30, 1985, levying a tax on real and personal property within the City, with the figure 113.841" inserted in the stead of the figure "3.390" in the heading paragraph. RESOLUTION 31, Per the concurrence of the Council, the City Clerk read, by title only, Resolu- 198 tion 31, 1985, increasing the annual salary of the City Manager. Resolution 31, 1985, was unanimously adopted by the Council. RESOLUTION 32, Per the concurrence of the Council, the City Clerk read, by title only, Resolu- 1985 tion 32, 1985, reappointing various department heads, assistant department heads, and officers of the City. Resolution 32, 1985, was unanimously adopted by the Council. RESOLUTION 33, Per the concurrence of the Council, the City Clerk read, by title only, Resolu- T98 tion 33, 1985, establishing and maximum salaries of job classifications of the City. Resolution 33, 1985, was unanimously adopted by the Council. ORDINANCES: Vice Mayor Kiselewski declared the 1st Public Hearing open, which was duly ORDINANCE 22, advertised on September 12, 1985, and held on the Council's consideration of I'9S5 modifying the City's Comprehensive Land Use Plan and Map adopted June 18, 1981 by Ordinance 12, 1981; and announced that the 2nd duly advertised Public Hearing would be held on October 3, 1985. Attorney Raymond Royce addressed the Council on behalf of Bankers Land Company, the firm that owns the majority of the vacant lands within the City. Attorney Royce referred to the parcel of land on the southeast corner of Hickory Drive and PGA Boulevard designated on the proposed map for RM- Medium Density Residen- tial Zoning District land usage. He suggested that the map be changed to CITY COUNCIL REGULAR MEETING, 9119185 PAGE 11 reflect RH -High Density Residential Zoning District land usage for the entire parcel, with the exception of RS -3 - Single Family Residential Zoning District on the southeasterly v- shaped portion. Referencing the designation of RM- Medium Density Residential Zoning District land usage on the lands of the now - "Hilltop Gardens Mobile Home Park ", Attorney Royce inquired as to the "grandfathering" of those that become tenants between the time the Comprehensive Land Use Plan/ Map and Zoning Map is adopted and the land owner's implementation of the RM zoning. These items will be addressed during the Council's September 26, 1985 workshop sessions on Ordinances 22 and 23, 1985. No other members of the audience addressed the Council. Vice Mayor Kiselewski declared this, the 1st Public Hearing, closed. By a unanimous vote of the Council, the City Clerk read on first reading, by title only, Ordinance 22, 1985. The Council's consideration of adoption of Ordinance 22, 1985, will take place at their Regular Meeting of October 3, 1985, subsequent to exercising a duly advertised Public Hearing. (Note: Due to the error of Palm Beach Newspapers, Inc., learned by City staff October 1, 1985, this 1st Public Hearing on the Council's consideration of amending the City's Comprehensive Land Use Plan /Map was not advertised in accor- dance with law.) ORDINANCE 23, Vice Mayor Kiselewski declared the 1st Public Hearing open, which was duly 1.98� advertised on September 3, 1985, and held on the Council's consideration of implementing the amended Comprehensive Land Use Plan /Map proposed to be adopted via Ordinance 22, 1985, by adoption of a new zoning map of the City; and adding a PDA- Planned Development Area zoning district to the City's Code. He also announced that the 2nd duly advertised Public Hearing would be held on October 3, 1985. With no members of the audience addressing the Council, Vice Mayor Kiselewski declared the Public Hearing closed. CITY COUNCIL REGULAR MEETING, 9119185 PAGE 12 By a unanimous vote of the Council, the City Clerk read, by title only, on first reading, Ordinance 23, 1985. The Council's consideration of adoption of Ordinance 23, 1985, will take place at their Regular Meeting of October 3, 1985, subsequent to exercising a duly advertised Public Hearing. (Note: Due to the error of Palm Beach Newspapers, Inc., learned by City staff October 1, 1985, the 1st Public Hearing on the Council's consideration of of the new zoning map of the City; and adding a PDA- Planned Development Area zoning district to the City's Code was not advertised in accordance with law.) ITEMS FOR DISCUSSION: "GRANDY'S" RES- Vice Mayor Kiselewski declared the Public Hearing open, which was duly posted 10 - 7TDUNG -OF September 13, 1985, and held on the Council's consideration of the appeal of S7P7R MW. Select Management Services, franchisee, to the August 6, 1985, ruling of our Site Plan and Appearance Review Committee re: the roofing at "GRANDY'S" restaurant, proposed to be located within the out parcel at the northwest corner of "P. B. Gardens Square ", 4200 Northlake Boulevard. Members of the audience did not address the Council. Vice Mayor Kiselewski declared the Public Hearing closed. A motion was unanimously adopted the Council overrule the Site Plan and Appear- ance Review Committee. The standard "GRANDY'S" restaurant terra cotta colored mansard roof may be applied. PETITIONS AND COWUgICATIONS: Vice Mayor Kiselewski acknowleged receipt of communcations from the following: CITY FEDERAL 1. City Federal Savings, commending Patrolman Jeffrey Main and Detective SA�TA�� William Perry of our Police Department for their timely and speedy actions in apprehending the suspect in their bank robbery. CITY COUNCIL REGULAR MEETING, 9119185 PAGE 13 HANKERS LAND 2. The Bankers Land Company, advising of the names they propose for the road - COMPANY— ways within their Regional Shopping Mall on PGA Boulevard. The City Manager will contact the firm advising them they cannot use the name "The Gardens Boulevard ", as proposed, as there is already a City- dedicated street by the name of "Garden Boulevard ". COUNTY COM- 3. Mrs. Karen Marcus, Vice Chairman of the Palm Beach County Commission, �R KAREN advising that the final public hearing on their proposed budget will be held at 7:00 P.M. on September 23, 1985. ATTORNEY DAVID 4. Mr. David M. Shaw of Fleming, Haile, & Shaw, re: the possible annexation of SHAW "Horseshoe Acres ". Attorney Shaw has been notified by the City that "Horseshoe Acres" is not presently contiguous to the City's current boundaries, as required. ADJOURNMENT: With no further business, the meeting adjourned at 9:57 P.M.. MA YOR MONROE VICE MAYOR KISELEWSKI �� % CITY CLERK 7 r COUNCILMAN ALDRED _,QDONC LM �L -PEEN COUNCILMAN MARTINO