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HomeMy WebLinkAboutMinutes Council 112185CITY COUNCIL REGULAR METING CITY OF PALM BEACH GARDENS NOVEMBER 21, 1985 The Regular Meeting of the City Council of Palm Beach Gardens, Florida, was called to order by Mayor Monroe, 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: Mayor Monroe, Vice Mayor Kiselewski, Councilman Martino, and Councilman Feeney. Councilman Aldred was not in attendance until later in the meeting - during "Reports: ". MINUTES: By a unanimous vote of the Council, their consideration of approval of the minutes of the Regular Meeting of November 7, 1985, was deferred until their Regular Meeting of December 5, 1985. The minutes of the Workshop Meeting of November 14, 1985, were unanimously approved by the Council, as amended. ANNOUNCEMENTS: Mayor Monroe announced that the City's administrative offices would be closed Thursday and Friday, November 28th and 29th, 1985, in observance of "Thanksgiving ". PROCLAMATIONS: Mayor Monroe read a proclamation proclaiming English the official language of our City, as amended to read "One Nation Under God, Indivisible . . .11;11 in the seventh "WHEREAS" paragraph. PRESENTATION OF PLAQUE OF APPRECIATION TO MR. DICK CAMERON, EMPLOYEE OF DA TE Mayor Monroe, assisted by Public Works Director Leonard Devine, presented a plaque of appreciation to Mr. Dick Cameron, Superintendent of Parks, for his dedicated and conscientious service as employee of the City ten years this date. City Council Regular Meeting, 11121185 Page 2 ITEMS BY THE CITY MANAGER: At the Regular Meeting of December 5, 1985, the Council will consider adop- tion of Resolution 51, 1985, requesting the City become a member of the Loxahatchee Council of Governments for one year. Vice Mayor Kiselewski suggested Councilman Feeney be the City's representative, if COG approves our membership at their meeting the first week in February, 1986, retroactive to January 1, 1986. The City Manager reported that per his meeting with Mr. Bob Diamond, our Agent of Record for all insurances except medical and life, everything is in place for another year. He suggested the City request State Officials to get involved in reducing the required premiums /liability insurance coverage for municipal, county, and state governments, thus lessening the financial burden placed on taxpayers. (The premium for our insurance package last year was approx. $125,000; this year it's approx. $350,000.) REPORTS: Vice Mayor Kiselewski reported on the meeting he attended of the Palm Beach VICE MAYOR County Solid Waste Authority yesterday. Vice Mayor Kiseelewski reported on the meeting he attended today of the Palm Beach County Metropolitan Planning Organization. COUNCILMAN Councilman Feeney reported he will be attending the seminar with the Palm Beach Gardens Medical Center Saturday, November 23, 1985. At the Regular Meeting of December 5, 1985, he will report on this meeting, including his findings re: the heliport he plans to further promote initiation of. MAYOR Mayor Monroe reported on the First Annual Palm Beach County Mayors' Conference MONROE she attended in Lake Worth. City Council Regular Meeting, 11/21/85 Page 3 ITEMS BY THE MAYOR AND COUNCIL: r11JNCILMAN At their Regular Meeting of December 5, 1985, the Council will formally con - y13TINO sider the request of our Site Plan and Appearance Review Committee they no longer review /submit input on Planned Unit Developments - by adoption of a Resolution repealing Resolution 22, 1982. COUNCILMAN In response to the suggestion of Vice Mayor Kiselewski, the City Manager KTSE=KI explained that policy decisions of the Council, with his and various City Department Heads' input, are provided for in the September 19, 1985, con- tract the City has with American Legal Publishing Company to upgrade/ recodify our Code of Ordinances. COUNCILMAN Councilman Feeney referred to the northbound Interstate -95 decelerationloff- FEENEY— - ramp at Northlake Boulevard; and suggested the City Manager contact the VICE CHAIRMAN State Department of Transportation or County Engineering re: expanding KISELEWSKI this ramp to two lanes. Vice Mayor Kiselewski suggested they also pro- vide for two left -hand turning lanes on Northlake Boulevard, for west- bound traffic to stack while waiting to approach the Interstate -95 south -bound acceleration /on -ramp. MAYOR MONROE Mayor Monroe welcomed Mrs. Karen Marcus, District ill Member /Vice Chairperson of the Board of Palm Beach County Commissioners, who was in the audience. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA: Mr. Samuel Carsillo, 10063 Dahlia Avenue, PBG, addressed the Council offer- ing various concerns he had re: the City. City Council Regular Meeting, 11121185 Page 4 RESOLUTIONS: By the concurrence of the Council, the City Clerk read, by title only, RESOLUTION 35, Resolution 35, 1985, providing for the execution of the October 1, 1985 - L3 September 30, 1986 employment agreement between the City and the Service Employees International Union members of our Public Works Department. Per the City Manager, who negotiated this agreement, it provides for a 7A increase in wages for those members earning an annual salary of $15,000 or more; and a $1,150 increase for those earning less - including the 3.7% cost -of- living. Resolution 35, 1985, was unanimously adopted by the Council. RESOLUTION 49, By the concurrence of the Council, the City Clerk read, by title and refer- 1985 ence to those names inserted in the blanks of Sections 1. and 2., Resolution 49, 1985, reappointing "George Wuerthner ", "Kathleen Arrants ", and "Kevin Foley" and appointing "Charlotte Faulconer" and "Marijayne Boylan" members of our Beautification and Environmental Committee. Resolution 49, 1985, was unanimously adopted by the Council. RESOLUTION 50, During the Council's discussions on consideration of adoption of Resolution IYB5- 50, 1985, they exchanged thoughts with Palm Beach County Commissioner Karen Marcus. She shared the Council's preference that our City and the County cooperate /communicate with regard to future developments; and will relay the discussions to the Palm Beach County Commissioners of Districts 2 - 5. Per the concurrence of the Council, the City Clerk read, in full, Resolution 50, 1985, requesting the Board of County Commissioners of Palm Beach County to consider the impact of pending zoning Petition No. 80- 200(A); and request- ing of the Board and the Planning Commission of Palm Beach County that all future development along Northlake Boulevard be compatible with our Comprehensive Land Use Plan /Map. City Council Regular Meeting, 11/21/85 Page 5 By a unanimous vote of the Council, Resolution 50, 1985, was adopted as read by the City Clerk with the following amendments: 1. The deletion of "THE PLANNING AND ZONING COMMISSION OF PALM BEACH COUNTY AND" in the third and fourth lines of the heading paragraph and second and third lines of Section 1. 2. The deletion of "AND ZONING" in the twelfth line of the heading paragraph and third line of Section 2. 3. The insertion of ",SITTING AS THE ZONING BOARD," between the words "COUNTY" and "TO" in the fifth line of the heading paragraph and fourth line of Section 1. 4. The insertion of "the continued proliferation of" between the words "that" and "said" in the second "WHEREAS" paragraph. 5. The insertion of "of both the Planning Commission of Palm Beach County and Board of County Commissioners of Palm Beach County, sitting as the Zoning Board, assure" between the words "requests" and "that" in the seventh line of Section 1. Mayor Monroe referenced the amendments to the Palm Beach County Landscape Code their Planning, Zoning, and Building Department is currently working on; and requested a communication of the City Manager accompany Resolution 50, 1985, relaying that should the amendments be adopted prior to the time the Board of Palm Beach County Commissioners considers Petition 80- 200(A), the Council prefers they be applied to the subject automobile dealership if /when it's approved. In the event the proposed amendments to their Landscape Code are not adopted beforehand, the Council requests, as a mini- mum, the recommended increased buffer requirements, including the planting of trees 30' on- center (rather than 40' on- center), be incorporated into the plans. The other members of the Council were in agreement with this. City Council Regular Meeting, 11121185 Page 6 RESOLUTION 52, Mayor Monroe declared the Public Hearing open, which was duly advertised November 4, I985, and held on the Council's consideration of adoption of Resolution 52, 1985. Attorney David M. Shaw, authorized agent, addressed the Council pursuant to the intent of Resolution 52, 1985, based on their petition for the aban- donment of the east 25' of the westerly 45' of the road right -of -way now - known as Barnard Drive (f /k /a Shriner Drive) deeded to the City by Mr. and Mrs. John B. Ledden on March 20, 1968. Attorney Shaw explained that this will enable them to pursue their plans to better the lands of the incor- porated "Waterway Cafe" currently under construction and petition the City for annexation /creation of a Planned Unit Development on the lands lying contiguous to the south. Other members of the audience did not address the Council; Mayor Monroe declared the Public Hearing closed. Per the concurrence of the Council, the City Clerk read, by title only, Resolution 52, 1985. By a unanimous vote of the Council, Resolution 52, 1985, which includes the condition that a fully executed Unity of Title as to all lands lying contiguous to the right -of -way be recorded, was adopted. DRQZAWA4ES: Mayor Monroe declared the Public Hearings open, which were duly advertised ORDINANCE 22, November 4, 1985, on the Council's consideration of adoption of ordinance 1985 22, 1985, modifying the City's Comprehensive Land Use Plan /Map adopted June 18, 1981 by Ordinance 12, 1981; and on November 11, 1985, per the requirements of the Comprehensive Planning Act of 1975,as amended, for the second Public Hearing on the Council's consideration of adoption of the amended Comprehensive Land Use Plan /Map itself. City Council Regular Meeting, 11121185 Page 7 Mrs. Karen Marcus, 920 Evergreen Drive, North Palm Beach, FL, addressed the Council suggesting that the land usage for the 66.04 -acre parcel owned by Foundation Land Company (flkla Bankers Land Company) and located within Section 8, Township 42 South, Range 43 Fast, be single family residential rather than medium density residential, as proposed to be changed from Agricultural. She felt the proposed density would not be compatible with the surrounding area, including the abutting subdivision of her residence on Prosperity Farms Road to the east. Also, the traffic impact of eight units per acre, with a possible bonus of two units per acre under a Planned Unit Development, would be too great for the area. Mrs. Marcus offered that Palm Beach County recently performed a traffic study, officially adopted by the State of Florida as a "model ", taking into consideration the impact of "The Gardens" regional shopping center Planned Unit Development created by the City November 15, 1984, on 92.409 acres within the 458.185 -acre Planned Community District on the northeast corner of Alternate A -1 -A and PGA Boulevard. She questioned whether this type of ultimate build -out traffic analysis was applied to the subject parcel of land. Members of the Council explained that a Unity of Title as to the whole 66.04 acres will be recorded, if the proposed zoning for the parcel is approved; thus, providing for one development /better land usage control by the City. Per the requirement of the Council, a traffic impact analysis accompanied the landowner's request for the proposed zoning. During the City's con- sideration of approval of an application to develop this property, the public will be afforded the opportunity to give input. The abutting pro- jects also include medium- and high - density residential. Taking into consideration the high cost of property within the City, the proposed allowable density will enable more affordable housing. City Council Regular Meeting, 11121185 Page 8 Mayor Monroe offered that she continues to be opposed to the proposed medium density residential zoning on the subject parcel. She felt this would be an ideal location for smaller more - affordable single family housing ranging up to six units per acre, including the possible bonus of one unit per acre under a Planned Unit Development. Plus, they would be less - likely to be over one story high; and the traffic impact would be less. Attorney Richard Harris addressed the Council on behalf of Foundation Land Company defending the subject requested medium density residential zoning. He noted that the landowner, though unusual, did submit a fully- executed Unity of Title for the entire parcel, providing for master site plan approval by the City. A traffic impact analysis prepared by Kimley -Horn, traffic consultants, was submitted, indicating up to fifteen units per acre could be accommodated. The abutting Meridian Park subdivision has in excess of 12 u /p /a; Sandalwood Estates has 8 ulp /a; Rainwood West has 5 u /p /a; and Rainwood East (a /k /a Town Oaks) has 6 u /p /a. Attorney Harris was uncertain as to whether the traffic impact analysis submitted was based on ultimate build -out in the area. With no further comments from members of the audience, the Mayor declared the Public Hearings closed. Coucilman Feeney thanked Mrs. Marcus for her input; and offered that, hope - fully, the application for development of this parcel will be for mixed land usages. Perhaps, it will include single family residential or a park abutting those single family lots /homes existing to the east. By a unanimous vote of the Council, the City Clerk read, by title only, on second and final reading, Ordinance 22, 1985, modifying our Comprehensive ,. Land Use Plan /Map adopted June 18, 1981, by Ordinance 12, 1981. City Council Regular Meeting, 11121185 Page 9 A motion was made by Vice Mayor Kiselewski, seconded by Councilman Martino, that Ordinance 22, 1985, be adopted by the Council. Mayor Monroe relinquished the gavel to Vice Mayor Kiselewski and made a motion that Ordinance 22, 1985, be amended so that "Parcel 10" as shown on the map produced by then- Bankers Land Company, indicating the assorted 14 parcels they wished the City to consider amending land usages on, be designated as low density residential rather than medium density residen- tial as proposed. Councilman Aldred, for the sake of discussion, seconded the motion. Councilman Aldred offered that the Council has debated, on a number of occasions, on the land usages of all parcels to be affected by adoption of Ordinance 22, 1985. The "model" study Palm Beach County has may, if applied to "Parcel 1011, refute the studies the Council has in -hand and indicate a density of up to 10 u /p /a is too great; however, without now having the benefit of the possible refuting traffic study, it would be an arbitrary and capricious act of the Council to single it out. Also, protection is pro- vided with the recording of the Unity of Title. This "model" traffic study referred to by Palm Beach County Commissioner Marcus should be received and reviewed by the Council for their consideration of down - zoning this parcel, and perhaps others, at a future date. Mayor Monroe offered that the City's contracted Land Use Consultant in the initial preparation of our Comprehensive Land Use Plan /Map, Mr. Marvin Hill, recommended that the lands around Alamanda Elementary School, which the 66.04 acres referred to as "Parcel 10" abuts, be zoned single family residential. Vice Mayor Kiselewski made the observation that this recommendation of Mr. Hill was made several years ago; it was not based upon existing conditions. City Council Regular Meeting, 11121185 Page 10 Vote on amending motion made by Mayor Monroe, seconded by Councilman Aldred: Mayor Monroe, voted aye; Vice Mayor Kiselewski, Councilman Martino, Council- man Aldred, and Councilman Feeney voted nay. The initial motion made by Vice Mayor Kiselewski, seconded by Councilman Martino, was not amended by a vote of four ayes and one nay. Vice Mayor Kiselewski relinquished the gavel back to Mayor Monroe. Vote on initial motion made by Vice Mayor Kiselewski, seconded by Councilman Martino: Mayor Monroe, Vice Mayor Kiselewski, Councilman Martino, Councilman Aldred, and Councilman Feeney voted aye. The motion to adopt Ordinance 22, 1985, as proposed, was unanimously passed by the Council. ORDINANCE 23, Mayor Monroe declared the Public Hearings open, which were duly advertised 1985 November 4, 1985, on the Council's consideration of adoption of Ordinance 23, 1985, implementing our Comprehensive Land Use Plan /Map by adoption of a new official zoning map of the City and adding a PDA- Planned Development Area zoning district to the City's Code; and on November 6, 1985, per the requirements of the Comprehensive Planning Act of 1975, as amended, for the second Public Hearing on the Council's consideration of adoption of the said conforming zoning map. No members of the audience addressed the Council re: their consideration of adoption of Ordinance 23, 1985. Mayor Monroe declared the Public Hearing closed. By a unanimous vote of the Council, the City Clerk read, on second and final reading, by title only, Ordinance 23, 1985. Ordinance 23, 1985, was unani- mously adopted by the Council. City Council Regular Meeting, 11121185 Page 11 ORDINANCE 25, Mayor Monroe declared the Public Hearing open, which was duly advertised 1985 October 28, 1985, and held on the intent of Ordinance 25, 1985, providing for the creation of the "Clocktower" PUD, with underlying zoning of CPO- Commercial Professional Office District Zoning, on a .941 -acre parcel on the west side of Military Trail, adjacent the Municipal Complex, per the peti- tion of Swartz -Passi Development Co., Inc.. Mayor Monroe re- referenced a parking study prepared by the City's Adminis- trative Planning Coordinator on the existing "Sun Building" on the northeast corner of Military Trail and Larch Avenue and an excerpt of the Community Builders Handbook published by the Urban Land Institute on recommended parking requirements; and offered that per these, the "Clocktower" pro- fessional office project, as now - proposed with a limitation of 60% of the gross leasable area utilized for the purpose of practicing medicine and/or dentistry, would be deficient 23 parking stalls (59 spaces would be needed for the medical /dental offices, and 27 would be needed for the balance; the proposed plans include 63 paved). Architects Joseph Legan & Corey Cross and Developers lApplican ts Leo Passi & Earl Swartz participated in the discussions on the Council's consideration of approval of this project. During the lengthy deliberations, the majority of the Council members recognized the outstanding architectural elevations of the project; but expressed objection to its intensity (i.e., the height, lot coverage /open space, and/or setbacks) and/or deficiency in parking stalls. Councilman Martino was in favor of the project, as proposed with concessions dis- cussed at prior Council meetings incorporated. Members of the general public did not address the Council re: their con- sideration of adoption of Ordinance 25, 1985. Mayor Monroe declared the Public Hearing closed. City Council Regular Meeting, 11121185 Page 12 Mr. Legan requested he be afforded an opportunity to discuss the concerns of Council members with his clients, Messrs. Passi and Swartz. By a unanimous vote of the Council, they recessed their consideration of Ordinances 25 and 26, 1985; and continued on with the balance of the Ordinances on the published agenda for the current meeting. ORDINANCE 27, Subsequent to discussion of the Council, a motion was made by Councilman 195 Feeney, seconded by Councilman Martino, the City Clerk read Ordinance 27, I985, on first reading, in full, with the following amendments: 1. The word "holiday" inserted between the words "significant" and "event" in the ninth line of the heading paragraph. 2. The word "holiday" inserted in the stead of the days of "Thanksgiving and Christmas" in the sixteenth line of the heading paragraph and the fourth and fifth lines of Section 5. 3. The word "holiday" inserted between the words "significant" and "events" in the seventeenth line of the heading paragraph. 4. The word "holiday" inserted between the words "various" and "events" in the first line of the third "WHEREAS" paragraph. 5. The days of "Thanksgiving and Christmas" deleted from the second and third lines of the third "WHEREAS" paragraph. 6. The word "holiday" inserted between the words "significant" and "events" in the fourth and fifth lines of the paragraph of Section 2. and the first and second lines of sub paragraph A. of Section 2., and the third line of sub - paragraph B. of Section 2. City Council Regular Meeting, 11121185 Page 13 Vote on motion: Mayor Monroe, Councilman Martino, Councilman Aldred, and Councilman Feeney voted aye. Vice Mayor Kiselewski voted nay. By a vote of four ayes and one nay, the City Clerk read, in full, as amended, Ordinance 27, 1985, on first reading. Mayor Monroe declared the Public Hearing open, which was duly published via posting of the current meeting agenda on bulletin boards in four conspicuous places within the City, on the Council's consideration of second reading and adoption, on an emergency basis, of Ordinance 27, 1985. No members of the audience addessed the Council; the Public Hearing was declared closed. Vice Mayor Kiselewski voiced that he was opposed to adoption of this Ordinance, as it would set a bad precedence. A motion was made by Councilman Feeney, seconded by Councilman Martino, the City Clerk read Ordinance 27, 1985, as amended, by title only, on second and final reading, on an emergency basis. Vote on motion: Mayor Monroe, Councilman Martino, Councilman Aldred, and Councilman Feeney voted aye; Vice Mayor Kiselewski voted nay. By a vote of four ayes and one nay, the City Clerk read Ordinance 27, 1985, as amended, by title only, on second and final reading, on an emergency basis. A motion was made by Councilman Feeney, seconded by Councilman Martino, Ordinance 27, 1985, be adopted by the Council as an emergency measure based upon the grounds that the relief granted pertains only to institu- tions which usually hold significant events or activities during the pending holiday season and the number of scheduled sessions of the City Council do not permit passage of an Ordinance with proper study and final Resolution of such relief on a nonemergency basis until the said holiday season has passed. Also, based upon the grounds that the City Council has undertaken a study pertaining to various parts of Chapter 24. our Sion Code. City Council Regular Meeting, 11121185 Page 14 In response to Vice Mayor Kiselewski, the City Attorney rendered the opinion that the City would not be liable for personal injuries sustained by individuals that are patrons of a event permitted by the City on someone else's property. ORDINANCE 28, By a unanimous vote of the Council, the City Clerk read, by title only, 198� on first reading, Ordinance 28, 1985, extending the permissible time, by three years, for completion of the "Gardens Medical Park" PUD created November 17, 1983, by Ordinance 17, 1983. A duly advertised Public Hearing and the Council's consideration of adoption of Ordinance 28, 1985, will take place at the Regular Meeting of December 19, 1985. ORDINANCE 29, By a unanimous vote of the Council, the City Clerk read, by title only, IY85 on first reading, Ordinance 29, 1985, amending Section 7, of Article VII, Zoning, re: buffer required when commercial /industrial usages abut residential usages. A duly advertised Public Hearing, and the Council's consideration of adoption of Ordinance 29, 1985, will take place at the Regular Meeting of December 19, 1985. A five - minute recess was held. ORDINANCE 25, Architects Joseph Legan & Corey Cross and Developers /Applicants Leo Passi T985 & Earl Swartz resumed their participation in the discussions on the Council's consideration of approval of the "Clocktower " Commercial Professional Office PUD via adoption of Ordinances 25, and 26, 1985. Still unable to address the majority of the Council members' concerns satisfactorily (i.e., impromptu offer an acceptable compromise /modify their plans for review), the applicant did not express objection to judgment on the project being being postposed to a future meeting. City Council Regular Meeting, 11121185 Page 15 A motion was made by Councilman Martino, seconded by Councilman Aldred, and unanimously passed that the Council's consideration of adoption of u Ordinance 25, 1985, be postponed until the Regular Meeting of December 19, 1985. The Public Hearing on the Council's consideration of second reading and passage of this Ordinance will again be duly advertised; and those owners of property within 300' will again be notified. Ordinance 25, 1985, will be workshopped by the Council at their meeting of December 12, 1985. ORDINANCE 26, Mayor Monroe declared the Public Hearing open, which was duly advertised I9$-1) October 28, 1985, and held on the intent of Ordinance 26, 1985, amending the City's Comprehensive Land Use Plan, as adopted this date by Ordinance 22, 1985, providing for CPO - Commercial Professional Office District zoning on the .941 -acre parcel on the west side of Military Trail, adjacent the Municipal Complex. Members of the audience did not address the Council. A motion was made by Vice Mayor Kiselewski, seconded by Councilman Feeney, and unanimously adopted, that the Public Hearing and the Council's consider- ation of adoption of Ordinance 26, 1985, be recessed until the Regular Meeting of December 19, 1985. City Council Regular Meeting, 11121185 ITEMS FOR DISCUSSION: Page 16 t.— ICIALLY Mr. Richard Warner of Foundation Land Company addressed the Council pur- NAMING ROADWAY suant to their September 16, 1985, request to name the north /south AS "POST OFFICE HUAL) artery, which is now commonly known as "Post Office Road" on the south side of PGA Boulevard and continues through the firm's 458.185 -acre Planned Community Development on the north side of PGA Boulevard "Fairchild Gardens Avenue ". None of the members of the Council expressed they were in favor of this name, mainly because of its length; however, the majority accepted it. PETITIONS AND COMMUNICATIONS: LOXAHATCHEE Mayor Monroe acknowledged the communication from Mr. Caleb Christian, UNCIL OF GOVERNMENTS Administrator of the Loxahatchee Council of Governments, dated November 20, 1985, re: the City joining their organization. RD'JOURNMENT. With no further business, the meeting adjourned at 12:00 midnight. MAYOR MONROE COUNCILMAN MARTINO �VICt� MAYOR �KISELEWSKi CITY CLERK ,,, - �- d�� COUNCILMAN ALDRED l CO*ILn FEEN�EY