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HomeMy WebLinkAboutMinutes Council 032185CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS MARCH 21, 1985 The Regular Meeting of the City Council of Palm Beach Gardens, Florida, was called to order by Mayor Linda 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, Councilman Aldred, and Councilman Feeney. City Manager John Orr and Attorney William Brant were also in attendance. MINUTES: The minutes of the Regular Meeting of March 7, 1985, were unanimously adopted, as written. The minutes of the Special Regular Meeting and Workshop Meeting of March 14, 1985, were unanimously adopted, as written. `ANNOUNCEMENTS. Mayor Monroe announced that the City's Planning and Zoning Commission will be meeting on Tuesday, March 26, 1985, at 7:30 P.M.. ITEMS BY THE CITY MANAGER: REJECTIONS OF The City Manager recommended that the bids received March 7, 1985, for the pur- BIDS FOR BREATH TESTING INSTRU- chase of a Breath Testing Instrument, be rejected as they did not meet the MENT specifications. The City Council unanimously adopted a motion to accept the recommendation of the City Manager and readvertise the Call for Bids for the instrument. FENCING ALONG The City Manager requested the Council to approve the expenditure of $774 from FRONT DRIVE Y Council Contingency to place split rail fencing along the front drive to the Community Center to prevent the parking of cars on the grass in that area. The Council will look at this area and speak to the Recreation and Parks Director re: an alternative solution to this problem. CITY COUNCIL REGULAR MEETING, 3121185 PAGE 2 REPORTS: Vice Mayor Kiselewski reported on the meeting he attended of the Bee -Line Task TCE MAYOR Force on Friday, March 15, 1985; and the meeting of the Solid Waste Authority on -.,iSELEW5KI Wednesday, March 20, 1985. He also reported on the meeting of the Metropolitan Planning Organization this date. MAYOR Mayor Monroe advised that the unincorporated Frenchman's Landing development is PMROE advertising in the newspaper they are located IN the City of Palm Beach Gardens; and the unincorporated Eastpointe County Club is advertising on television they are too. This was referred to the City Attorney for possible action. COMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA: SAMUEL Mr. Samuel Carsillo, 10063 Dahlia Avenue, PBG, addressed the Council with some MMLLO: concerns he has re: the City. RESOLUTIONS: Mayor Monroe declared the Public Hearing open, which was duly advertised on PF'SOLUTIONS 2 January 2, 1985, recessed from the Regular Meetings of January 17, 1985, February 21, 1985, and March 7, 1985, and held on the intent of Resolution 2, 1985, per- mitting as a CG -1, General Commercial, "Conditional Use" the sale /service of alcoholic beverages for on- premise consumption at "Snapper's Restaurant ", pro- posed to be located at 2166 Barnard Drive, Palm Beach Gardens. The Mayor also declared the Public Hearing open, which was duly advertised on March 5, 1985, and held on the intent of Resolution 7, 1985, granting a variance to the distance requirement of 750' for the sale of alcoholic beverages at "Snapper's Restaurant ". Mr. David Shaw, Attorney, addressed the Council advising that the developer is seeking a conditional use and variance to enable the use of an SRX liquor license. The restaurant must have a minimum of 2,500 sq. ft., have a seating capacity of 150 people at tables, and obtain at least 51% of their gross revenues from food under this SRX license. The City Attorney advised that under this license, alcoholic beverages cannot be sold unless the kitchen is open for service of food. CITY COUNCIL REGULAR MEETING, 3121185 PAGE 3 Mr. John Varnem, 11402 East Teach Road, advised the Council he spoke with Mr. Ralph Harris, who made some commitments to him. Mr. Harris has a contract purchase on the Cable Marine property on which this restaurant is proposed to be located. Mr. Ralph Harris, contract purchaser, addressed the Council. He reiterated his conversation with Mr. Varnem. He advised Mr. Varnem that the dumpster will be placed in an air conditioned room to eliminate, as much as possible, garbage odors. He offered to use scrubbers to eliminate cooking odors as much as possi- ble. If /when Mr. Harris obtains title to the house directly abutting this property, he is willing to construct a wall or hedge, no matter the expense. A resident of 2187 Teach Road advised the Council she opposed this proposal because of the closeness to residential homes. With no further comments from members of the audience, Mayor Monroe declared the Public Hearings closed. By the concurrence of the Council, the City Clerk read, by title only, Resolution 2, 1985. Resolution 2, 1985, was unanimously adopted by the Council. By the concurrence of the Council, the City Clerk read, by title only, Resolution 7, 1985. Resolution 7, 1985, was unanimously adopted by the Council. RESOLUTION 8, Ms. Debbie Northsea of Urban Design Studio addressed the Council on behalf of 138-5 __.. Lennar Homes, requesting approval of the plat of "Prestwick Chase Unit III ". This parcel is in the southern portion of Tract M -34 of the "PGA National" PCO. There are 20 buildings with an overall density of 7.61 units per acre. Per the concurrence of the Council, the City Clerk read, by title only, Resolution 8, 1985, approving the plat of "Prestwick Chase Unit 111 ". Resolution 8, 1985 was unanimously adopted by the Council. CITY COUNCIL REGULAR MEETING, 3121185 PAGE 4 ORDINANCES: Attorney Fred Cohen addressed the Council on behalf of First Partners, Ltd., NCE 3, petitioner, pursuant to their consideration of the intent of Ordinance 3, 1985, 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. Attorney Cohen referenced the requirement imposed by the Council at their Regular Meeting of March 7, 1985, they submit at least a letter of intent from Bankers Land Company, owner, outlining: (1) there is sufficient right -of -way for the artery commonly known as "Post Office Road" to be developed as proposed by the U.S. Postal Department and further improved by First Partners, Ltd.; (2) whether they will permit the developer to improve the right -of -way per "Exhibit E" of Ordinance 3, 1985 under consideration; and, (3) if /when the right -of -way will be dedicated to the City. They submitted to the City Manager all the docu- mentation they received from Bankers Land Company in this regard. Noting that the March 20, 1985, draft of Ordinance 3, 1985, included those modi- fications discussed at the meeting of March 7, 1985, Attorney Cohen requested, and the members of the Council concurred, the date 111983" on the first line of the second page be changed to read 111984" and the word "may" be changed to read "shall" in the fifth line of the paragraph of Section 6. Attorney Cohen related that First Partners, Ltd. would like to offer the City a donation of $3,000 at the time of the City's issuance of the first building permit for the subject project - to be used solely toward the fire department sub - station serving their particular zone (i.e., the sub - station to be realized per the Development Order for the Bankers Land Company Regional Center). Members of the Council were ameniable to accepting this monetary contribution. CITY COUNCIL REGULAR MEETING, 3121185 PAGE 5 The City Manager reported that the 80' -wide right -of -way the Postal Department is to develop the two -laned "Post Office Road" within will be dedicated upon completion and the City's acceptance - by virtue of an agreement they have with Bankers Land Company. He referenced the March 20, 1985 communication of Mr. Russell L. Bielenberg, General Manager of Bankers Land Company, advising they intend to recommend to the MacArthur Liquidating Trustees they, in addition, dedicate the lands necessary for the further improvements to be made by First Partners, Ltd. per "Exhibit E" of the subject Ordinance. Also a part of the record is a March 21, 1985, communication from Mr. Joseph B. Pollock, Vice President of Kimley -Horn and Associates, Inc., certifying that the right -of -way described on the letter's attachment is sufficient to build "Post Office Road" as depicted on "Exhibit E". Mr. Orr suggested that if the subject "Gardens Plaza" PUD is approved by the Council, it be contingent upon the MacArthur Liquidating Foundation submitting the additional required right -of -way - anticipated to take place within the next 30 days. Mayor Monroe declared the Public Hearing open, which was duly advertised February 20, 1985, and recessed at the Regular Meeting of March 7, 1985. In response to Mr. Samuel Carsillo, 10063 Dahlia Avenue, PBG, Mayor Monroe veri- fied that the $3,000 the applicant has offered to contribute to the City will be used solely toward the Fire Department Sub - station to be developed east of the railroad tracks. Mayor Monroe declared the Public Hearing closed. Vice Mayor Kiselewski offered that he felt Ordinance 3, 1985, as currently drafted, is about the best that could be put together by the City and the appli- cant. He quoted a portion of Section 16.1: Intent of our Code re: the objective Of a PUD; and offered that he felt this project "oversteps" the intensity element. CITY COUNCIL REGULAR MEETING, 3121185 PAGE 6 Mayor Monroe related that the architecture, landscaping, etcetera of the project is fine; however, she could not justify the intensity. Also, the provisions for parking while Phase 11 is being developed and the traffic impact of the project are concerns. Councilman Aldred stated that approval of this particular Ordinance /project would permit a facility to be built on the subject site that is, in his estimation, superior in terms of architecture and a "good deal for City" to that which has already been approved by the City for the site (i.e., the "PGA Office Complex" PUD created 912182 by Ordinance 13, 1982). Therefore, he is in favor of granting the subject petition. Councilman Feeney conveyed that he hoped "Gardens Plaza ", as proposed, is approved by the Council, as he felt it would be an asset to the City. Councilman Martino referenced the March 4, 1985 communication of Mr. Donald W. Miller, Managing General Partner of First Partners, Ltd., responding to comments re: the proposed PUD generated by our Administrative Planning Coordinator, con- tracted Engineer, and Forester /Code Enforcement Officer; and, the March 15, 1985 communication of Mr. Jeff Blakely, Landscape Architect of Blakely & Associates, responding to the one of February I, 1985 of our Forester /Code Enforcement Officer. He recommended, and the other Council members concurred, the City Clerk make these communications a part of the record, file them with this project, and disseminate them to other City Department Heads accordingly. Councilman Martino stated that he, too, felt this project, as proposed, is an improvement over the "PGA Office Complex" PUD created on the lands. He no longer was concerned about the intensity of the project, as taking into consideration the improvements that will ultimately be made to PGA Boulevard he felt this project would be an asset, rather than a detriment. The traffic impact of this project, was, in his opinion, adequately addressed. He's looking forward to welcoming this project to the City. CITY COUNCIL REGULAR MEETING, 3121185 PAGE 7 In response to Mayor Monroe, Attorney Cohen recertified that First Properties, Ltd. will contribute to the City a sum of money per linear foot for the landscaping of the PGA Boulevard median in front of the project in conformance with the master landscaping plan the City Council approves pursuant to the recom- mendations of our Beautification & Environmental Committee - regardless of the possible lack of the requirement in the existing Ordinance 13, 1982. The City Attorney recommended, and the members of the Council concurred, that a new paragraph be inserted as the fourth one of Section 3. of the Ordinance, as follows: 'The voluntary contribution proposed by the petitioner, and accepted by the City, in the sum of $3,000, shall be used solely for improvements to the Fire Station site to be erected east of the FEC railway right -of -way; and shall, per the agreement of the petitioner and City, be made at the time the first building permit is issued. "; and, a new paragraph be inserted as the fifth one of Section 3. of the Ordinance, as follows: "No building permit shall be issued until the City's receipt of either a firm commitment or agreement, in writing, from the MacArthur Liquidating Trustees, that the right -of -way depicted in "Exhibit E", Areas A & B, shall be dedicated to the City. ". The City Attorney reviewed those modifications incorporated into the March 1, 1985, draft of Ordinance 3, 1985, pursuant to the discussions at the Regular Meeting of March 7, 1985. Mr. Mark J. Gillis of David Plummer & Associates Inc., contracted independent traffic engineers, reported that their concerns expressed at the March 7, 1985 Regular Meeting were satisfactorily addressed by First Properties, Ltd.. CITY COUNCIL REGULAR MEETING, 3121185 PAGE 8 A motion was made by Councilman Martino, seconded by Councilman Aldred, and unanimously adopted that the City Clerk read Ordinance 3, 1985, on second and final reading, by title only, with the record to reflect the additions and statements that have been put into the Ordinance since the tabling of the Public Hearing at the last Regular Meeting of the City Council on March 7, 1985, as outlined by the City Attorney. Also, that the record include letters of: March 20, 1985, addressed to City Manager John Orr and signed by Mr. Russell L. Bielenberg, General Manager of Bankers Land Company; (2) March 4, 1985, from First Partners Real Estate Investments under the signature of Mr. Donald W. Miller, addressed to the City Manager, in response to staff comments concerning this project; and, (3) March 15, 1985, from Blakely & Associates, addressed to Mr. Jonathan Iles, our City Forester, and signed by Mr. Jeff Blakely, in response to the landscaping comments that came out of the Council's deliberations on the subject Ordinance. The City Clerk read Ordinance 3, 1985, by title only, on second and final reading. A motion was made by Councilman Feeney, seconded by Councilman Aldred, the Council adopt Ordinance 3, 1985, as read by the City Clerk on second and final reading. Discussion on the motion: Vice Mayor Kiselewski offered that except for the intensity of the project, he is in favor of everything that happened with this particular project. He felt that one of the twin towers, with all the other things that have been talked about, would have been a good parallel to what was approved for the site before. He would not be supporting the motion. Mayor Monroe offered that her feelings were the same; and, in addition, she had a problem with the interim parking. CITY COUNCIL REGULAR MEETING, 3121185 PAGE 9 Vote on motion: Mayor Monroe and Vice Mayor Kiselewski voted nay; Councilman Martino, Councilman Aldred, and Councilman Feeney voted aye. The motion to adopt Ordinance 3, 1985, was passed by the Council by vote of two nays and three ayes. ORDINANCE 4, Mayor Monroe declared the Public Hearing open, which was duly advertised March 4, lyd.5 1985, and held on the intent of Ordinance 4, 1985, requiring water line back -flow preventers to be installed no greater than 5' above grade, and screened by a fence constructed of solid material other than vegetation and landscaped. With no comments from members of the audience, the Mayor declared the Public Hearing closed. By a unanimous vote of the Council, the City Clerk read, by title only, on second and final reading, Ordinance 4, 1985, with the word "(hedges)" changed to singular "(hedge)" in the seventh line of the third paragraph of Section 1. Ordinance 4, 1985, was unanimously adopted by the Council as read by the City Clerk. ORDINANCE By a unanimous vote of the Council, the City Clerk read, by title only, on first 11998855! reading, Ordinance 6, 1985, modifying Article VIII, Section 14(6) (m), Zoning of the City's Code, re: permitted services at Automotive Service Stations. A duly advertised Public Hearing and the Council's consideration of adoption of Ordinance 6, 1985, will take place at the Regular Meeting of April 18, 1985. PETITIONS AND COMMUNICATIONS: GOVERNOR Mayor Monroe acknowledged receipt of a communication from State Governor Robert 7PTH-AM-- Graham referencing the Governor's Design Awards Program. ADJOURNMENT: With no further business, the meeting adjourned at 10:03 P.M.. PITY COUNCIL REGULAR MEETING, 3121185 MAYOR MONROE YMINICEAYOR KISELEWSKI �/ CITY CLERK PAGE 10 COUNCILMAN MARTINO COUNCILMAN ALDRED CbUi1{CILMAN FEENEY�