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HomeMy WebLinkAboutMinutes Council 121985CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS DECEMBER 19, 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, Councilman Aldred, and Councilman Feeney. City Manager John Orr and Attorney William Brant were also in attendance. MINUTES: The minutes of the Regular Meetings of December 5, 1985, were unanimously approved by the Council, as written. ANNOUNCEMENTS: Mayor Monroe announced that the City's Administrative Offices would be closed December 24th and 25, 1985. PRESENTATION OF PLAQUE OF APPRECIATION TO MRS. SUSAN FORD, MEMBER OF THE MERIT SYSTEM BOAR[) JUMP 19? 1981 - SEPTEMBER 30, 1985 On behalf of the City, Mayor Monroe presented a plaque of appreciation to Mrs. Susan Ford, member of our Merit System Board June 19, 1981 - September 30, 1985. REPORTS: Vice Mayor Kiselewski reported that yesterday he joined Santa Claus in VICE MAYOR visiting patients at the Palm Beach Gardens Medical Center. KlS LMMRY Vice Mayor Kiselewski reported on the meeting he, member, attended yesterday of the Palm Beach County Solid Waste Authority; and today of the Palm Beach County Metropolitan Planning Organization. City Council Regular Meeting, 12/19/85 Page 2 MAYOR MONROE Mayor Monroe reported that today she attended the Palm Beach County Board of County Commissioners Workshop Meeting on the proposed changes to their off - premise advertising regulations. They endorsed their Task Force's recommendations, which included the requirement for a 1000' buffer around municipalities that prohibit billboards. ITEMS BY THE MAYOR AND COUNCIL: VICE MAYOR In response to Vice Mayor Kiselewski, the City Attorney advised that the Ki3ELEW I State's Ethics Commission enforces the "Financial Disclosure" laws. COUNCILMAN At a meeting in the future, a topic of discussion will be: providing for MARTINO _ final approval, by the Council, of certain sized projects proposed to be developed under straight zoning. In the meantime, the City Manager will report his discussions with the developer of the shopping center proposed to be located on the southwest corner of Northlake Boulevard and Sandtree Dri ve . Councilman Martino suggested that a cigarette butt urn be placed outside at the door of our Community Activities Building; and that the problem with the noisy air conditioning system in the auditorium be resolved, with the fund- ing, if necessary, to be considered by the Council. VICE MAYOR The members of the Council will be provided a cost estimate for a permanent E power source to the lighting system for the auditorium stage - to, perhaps, be partially funded by the Spotlight Players. MAYOR MONROE The City's Recreation Director will be requested to implement the Council's prior suggestion that "No Parking" signs be located along the access drive in front of the Community Activities Building - to be covered up at such times the parking spaces provided are inadequate; or, recommend an alternative for their consideration. City Council Regular Meeting, 12119185 Page 3 COUNCILMAN In response to Councilman Feeney, the City Attorney advised that pursuant FEENEY to the Federal Judge's recent order of the Town of Palm Beach, our City has ceased implementing Article II of Chapter 15 of our Code, which requires persons in certain occupational categories to be registered with our Police Department. However, we are still providing this as a service to business establishments. RESOLUTIONS: Per the concurrence of the Council, the City Clerk read, by title only, RESOLUTION 39, Resolution 39, 1985, setting two times a year for amending our Comprehensive Land Use Plan /Map and appointing the City Council to serve as the City's Local Planning Agency, with: the last line of the third paragraph of Section 1. amended to read "Any Petition for consideration of a Comprehensive Land Use Plan Amendment being processed in addition to the two (2) established time periods during a calendar year, as established above, may be granted only in a case of an emergency upon the unanimous vote of all the members of the City Council and in accordance with the requirements of Florida 5ta- tutes pertaining to said emergency.". Resolution 39, 1985, was unanimously adopted by the Council, with, as an attachment, the "Time -Table For Process- ing Of Applications For Rezoning Or Planned Unit Development, Land -Use Plan Change And /Or Annexation ", as prepared by the City Attorney and amended by the Council, to be implemented by City Administration. RESOLUTION 51, Per the concurrence of the Council, the City Clerk read, by title only, Resolution 51, 1985, joining the Loxahatchee Council of Governments for one year, effective January 1, 1986. Resolution 51, 1985, was unanimously adopted by the Council, with the second "to execute all documents" in the heading paragraph deleted. A motion was unanimously adopted by the Council, the City Manager be autho- rized to expend $1062 from the Council Contingency Account for the City's membership in the Loxahatchee Council of Governments for the balance of their fiscal year (i.e., thru October 1, 1986). City Council Regular Meeting, 12119185 Page 4 RESOLUTION 59, Per the concurrence of the Council, the City Clerk read, by title only, Resolution 59, 1985, endorsing the efforts of the Palm Beach County Develop - ment Board in bringing industry to Palm Beach County. Resolution 59, 1985, was unanimously adopted by the Council. RESOLUTION 69, Per the concurrence of the Council, the City Clerk read, by title only, Resolution 69, 1985, requesting the State DOT to expand, to two lanes, the Interstate -95 northbound deceleration /southbound acceleration lanes and left -hand turn stacking lane at /on Northlake Boulevard with: the verbiage "left turn lane and" inserted between the words "second" and "south- bound" in the fifth line of the heading paragraph and the third line of Section 1.; and the verbiage "; and therefore, a dangerous condition exists." inserted at the end of the second "WHEREAS" paragraph. Resolution 69, 1985, was unanimously adopted by the Council. 'DINANCES: Mayor Monroe declared the Public Hearing open, which was duly advertised ORDINANCE 28, November 25, 1985, and held on the intent of Ordinance 28, 1985, extending 2985 the permissible time, by three years, for completion of the "Gardens Medical Park" PUD created 11117183 by Ordinance 17, 1983. In response to the City Manager, Attorney Michael Lampert and Architect Joe Legan, who were in attendance representing the applicant, agreed that the improvements to Burns Road will be coordinated with the developer of the adjoining "Gardens Professional Arts" PUD project to the west and installed according to the recommendation /satisfaction of the City Engineer. With no further input, 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 28, 1985. Ordinance 28, 1985, was unanimously adopted by the Council. City Council Regular Meeting, 12119185 Page 5 ORDINANCE 25, Mayor Monroe declared the Public Hearing open, which was duly advertised I98'^ December 2, 1984, and held on the intent of Ordinance 25, 1985, providing V for the creation of the "Clocktower" PUD, which underlying zoning of CPO- Commercial Professional Office District, proposed by Swartz -Passi Develop- ment Company, Inc., to be located on a .941 -acre parcel on the west side of Military Trail, adjacent to the Municipal Complex. Architects Joe Legan and Cory Cross addressed the Council representing the applicants reviewing those modifications made to the plans for this project, pursuant to the discussions at the Council's meetings of November 21, 1985, and December 12, 1985, including: reducing the gross floor area of the buildings to 14,889 square feet; increasing the southern side yard set- back to 311; narrowing the second floor of the building by 21; lowering the roof line by 31; relocating the loading dock; adding an additional parking stall; providing for additional landscaping. If necessary, tree wells will be used in full implementation of their tree preservation program. The City Manager noted that the developer is being required to provide for the installation of a center stacking lane on Military Trail, per State DOT specifications, beyond the point the project will directly impact (i.e., north and south of the project's boundary lines). He recommended, and the majority of the members of the Council concurred, that if the cost of the improvements, including engineering fees, exceeds $35,000., any required additional monies be paid from the $9,600 required pursuant to our Fair Share Contribution for Roadway Improvements Ordinance and any monies remaining be returned to the developer. Mr. Dennis Stevenson of James E. Neuhaus, Inc. reported that per his meeting with Mr. Charlie Walker of the Palm Beach County Traffic Division, the intention was to build only the third lane on Military Trail; but to master plan the design of the bridge south of Burns Road, so it was expandable to the ultimate section. City Council Regular Meeting, 12119185 Page 6 With no further comments from members of the audience, the Mayor declared the Public Hearing closed. Vice Mayor Kiselewski shared with the representatives and other members of the Council photographs he prepared demonstrating the general mass and loca- tion of the proposed project in relationship to the surrounding area. A motion was made by Councilman Aldred, seconded by Councilman Feeney, the City Clerk read the December 19, 1985 draft of Ordinance 25, 1985, by title only, on second and final reading, with the following modifications incorporated: (1) The amount of 'TWENTY -EIGHT (28 %) PER CENT" be inserted in the stead of "SIXTH (60 %) PER CENT" in the 46th line of the heading paragraph and the first sentence of the fourth paragraph of Section 4. (2) The Road Impact Fee to be payable to the City "upon 40 days written request of the City Manager or prior to the issuance of a Building Per- mit, depending upon which event first occurs." in the second paragraph of Section 2. (3) The second paragraph of Section 3. to read: "Further, upon 40 days written request of the City Manager or prior to the issuance of a Certificate of Occupancy, depending upon which event first occurs, the petitioner shall deposit with the City of Palm Beach Gardens, Florida, the sum of money determined by its Engineer and the City Engineer sufficient to construct a third traffic lane on the west side of Military Trail from Johnson Dairy Raod to the south line of the intersection of Burns Road and Military Trail, with said construction meeting Department of Transportation standards. The sum of money required shall not exceed the sum of THIRTY -FIVE THOUSAND ($35,000.00) City Council Regular Meeting, 12119185 Page 7 DOLLARS. The City shall use said monies deposited for the construction of said third lane either singularly or in conjuction with the County of Palm Beach improving said third lane of Military Trail from Johnson Dairy Road to north of Holly Drive. The City shall use the most expedi- tious method in its opinion, to accomplish the construction of said improvements. If construction costs by singular action exceed the sum of THIRTY -FIVE THOUSAND ($35,000.00) DOLLARS, for the third lane from Johnson Dairy Road to Burns Road, then any required additional monies shall be paid from Road Impact Fee assessed and any monies remaining shall be returned to the Developer. Vote on motion: Mayor Monroe, Councilman Aldred, Councilman Feeney, and Councilman Martino voted aye; Vice Mayor Kiselewski voted nay. By a vote of four ayes and one nay, the City Clerk read Ordinance 25, 1985, by title only, on second and final reading, as modified. A motion was made by Councilman Aldred, seconded by Councilman Feeney, Ordinance 25, 1985, be adopted by the Council, as modified. Vote on motion: Mayor Monroe, Councilman Aldred, Councilman Feeney, and Councilman Martino voted aye; Vice Mayor Kiselewski voted nay, as he felt the project is too massive for the site. Ordinance 25, 1985, was adopted by the Council, as modified, by a vote of four ayes and one nay. ORDINANCE 28, The Mayor declared the Public Hearing open, which was duly advertised 2985 October 28, 1985, recessed at the Regular Meeting of November 21, 1985, and held on the intent of Ordinance 26, 1985, amending the City's Comprehensive Land Use Plan /Map providing for the zoning approved via Ordinance 25, 1985. Members of the audience did not address the Council. Mayor Monroe declared the Public Hearing closed. City Council Regular Meeting, 11119185 Page 8 A motion was made by Councilman Aldred, seconded by Councilman Feeney, the City Clerk read Ordinance 26, 1985, on second and final reading, by title only. Vote on motion: Mayor Monroe, Councilman Aldred, Councilman Feeney, and Councilman Martino voted aye; Vice Mayor Kiselewski voted nay. By a vote of four ayes and one nay, the City Clerk read, by title only, on second and final reading, Ordinance 26, 1985. A motion was made by Councilman Feeney, seconded by Councilman Aldred, Ordinance 26, 1985, be adopted by the Council, as read. Vote on motion: Mayor Monroe, Councilman Aldred, Councilman Feeney, and Councilman Martino voted aye, Vice Mayor Kiselewski voted nay. Ordinance 26, 1985, was adopted by the Council by a vote of four ayes and one nay. ORDINANCE 29, Mayor Monroe declared the Public Hearing open, which was duly advertised 198 December 2, 1985, and held on the intent of Ordinance 29, 1985, amending Section 7, of Article VI, Zoning, re: buffer required when commercial/ industrial usages abut residential usages. No members of the audience addressed the Council. The Mayor declared the Public Heating closed. By a unanimous vote of the Council, the City Clerk read, by title only, on second and final reading, Ordinance 29, 1985. Ordinance 29, 1985, was unanimously adopted by the Council. ADJOURNMENT: with no further business, the meeting adjourned at 10:03 P.M.. City Council Regular Meeting, 11119185 Page 9 MAYOR MONROE COUNCILMAN ALDRED V�YORKISELEWSKI 4 / CITY CLERK COUNCILMAN FEENEY COUNCILMAN MARTINO TYPTrA, Tae-TAR, F WR PR= S5= APPl ICATION EDP ANNEXATION ASSUMING ZONING REQUESTED COMPLIES WITH PALM BEACH COUNTY COMPREHENSIVE LAND USE PLAN /MAP ANDIOR REZONING Of INCORPOMrED bM SUBMITTAL OF APPLICATION TO CITY FOR ANNEXATION ANDIOR REZONING AND 01101186 AMENDMENT TO COMPREHENSIVE LAND USE PLAN /MAP PLANNING & ZONING COMMISSION WORKSHOP OF ANNEXATION ANDIOR REZONING 01114186 APPLICATION PLANNING & ZONING COMMISSION PUBLIC NEARING & RECOMMENDATION TO COUNCIL ON ANNEXATION ANDIOR REZONING APPLICATION (TO BE ADVERTISED 021I1186 MINIMUH OF 15 DAYS IN ADVANCE) CITY COUNCIL, SITTING AS LOCAL PLANNING AGENCY, WORKSHOP OF 02127186 APPLICATION ON COMPREHENSIVE LAND USE PLAN /MAP CHANGE AND_ ANNEXATION ANDIOR REZONING REQUEST CITY COUNCIL, SITTING AS LOCAL PLANNING AGENCY, PUBLIC FEARING 04103186 & RECOMMENDATION TO CITY COUNCIL ON COMPREHENSIVE LAND USE PLAN1 MAP CHANGE (TO BE ADVERTISED MINIMUM OF 15 DAYS IN ADVANCE) PROPOSED AMENDMENTS TO COMPREHENSIVE LAND USE PLAN /MAP SUBMITTED 04107 -I1186 TO CITY ENGINEER FOR INCORPORATION PROPOSED AMENDMENTS TO COMPREWNSIVE LAND USE PLAN /MAP SUBMITTED 04118186 TO DEPARTMENT OF COMMUNITY AFFAIRS ( MINIMUM OF 90 DAYS FOR RESPONSE) CITY COUNCIL - IST READING AND IST PUBLIC HEARING OF ORDINANCE 07117186 AMENDING COMPREHENSIVE LAND USE PLANIMAP (TO BE ADVERTISED 7 DAYS IN ADVANCE) CITY COUNCIL - IST READING OF ANNEXATION AND /0R REZONING ORDINANCE 0711 7186 CITY COUNCIL - WORKSHOP OF ENTIRE APPLICATION 07124186 CITY COUNCIL - 20 PUBLIC FEARING & 2ND READING OF ORDINANCE 08107186 AMENDING COMPREHENSIVE LAND USE PLAN /MAP (TO BE HELD APPROX. TWO WEEKS AFTER 1ST PUBLIC HEARING AND ADVERTISED FIVE DAYS PRIOR - PROPERTY OWNERS NOTIFIED MIN. OF 30 DAYS IN AnVAMM ) CITY COUNCIL - PUBLIC FEARING & 2ND READING OF ORDINANCE ON 0812I186 ANNEXATION ANDIOR REZONING REQUEST (TO BE ADVERTISED AFTER IST READING AT LEAST 15 DAYS IN ADVANCE) Respectfully submitted, M. Ard, City Clerk TIME TABLE FOR PROCESS114G OF APPLICATIONS FOR REZONING OR PLANNED UNIT DEVELOPMENT, LAND -USE PLAN CHANGE AND /OR ANNEXATION Submittal of application to City for annexation and /or rezoning and /or Planned Unit Development 1/10/86 amendment to comprehensive land -use plan /map Planning and Zoning Commission Workshop of Z� i annexation and /or rezoning application 1121186 Planning and Zoning Commission Public Hearing and recommendation to Council on annexation 2/8/86 and /or rezoning application (to be advertised minimum of 15 days in advance) Local Planning Agency Meeting published simultaneously City Council, sitting as Local Planning Agency, Public Hearing and recommendation to City Council 3/g/86 on Comprehensive Land -Use Plan /map change (to be advertised minimum of 15 days in advance). City Council directs Manager to submit proposed amendments to Comprehensive Land -Use Plan /map to Department of Community Affairs UP TO 90 DAYS FOR DEPT. OF COMMUNITY AFFAIRS RESPONSE Workshop by City Council Workshop by City Council Workshop by City Council City Council - First Reading andPublic Hearing of annexation and /or rezoning Ordinance 3/13/86 5/12/86 6/12/86 6/19/86 City Council - First reading and First Public 7/3/86 Hearing of Ordinance amending Comprehensive Land - Use Plan /map ( to be advertised 7 days in advance) City Council Workshop of entire application 7/10/86 City Council - Second Public Hearing and Second Reading of Ordinance amending Comprehensive Land- 7/17/86 Use Plan /map ( to be held approximately two (2) weeks after first public hearing and advertised 5 days prior - property owners notified minimum of thirty (30) days in advance). City Council - Second Reading of Ordinance on annexation and /or rezoning request (to be adver- 7/17/86 tised after First Reading at least 15 days in advance). In addition for annexation Ordinance must be advertised four (4) times on four (4) consecutive weeks after First Reading prior to Final Reading, UNDER THE ABOVE REQUIREMENTS, THE CITY WILL BE PUBLISHING NOTICES OF VARIOUS MEETINGS MORE IN ADVANCE OF PRESENT TIME FRAMES. NOTE: THE SPECIAL ADVERTISEMENT TIME REQUIRED FOR LAND -USE PLAN CHANGE.