HomeMy WebLinkAboutMinutes Council 111584CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
N0VEMbUR 15, 1984
-'e ;,,,ular Meeting of the City Councit of Palm Beach Gardens, Florida,
cailed to order by Mayor Mike Martino, at 8:00 P.M., in the Assembly
7co,, 10500 North Military 'Trail, Palm Beach Gardens, Florida; and opened
•.•,•t , r,�e Pledge of Allegiance to the Flag.
RC'_L CALL: ' P roll was called by the City CIerk and present were: Mayor
n „ Vice Mayor Monroe, Councilman Aldred, Councilman Kiselewski, and
-nrilmao Feeney.
C t. Manager John Orr and Attorney William Brant were also in attendance.
M dUTES: `ne minutes of the Regular Meeting of November 1, 1984 were unanimously
adr„ ted, as amended. The minutes of the Special Regular Meeting of
Nry =ber 8. 1984 and the Workshop Meeting of November 8, 1984 were
^,a ;:mousl adopted as written.
. Yartine announced that the City's Administrative Offices will be
cic eo Thursday, November 22, 1984, and Friday, November 23, 1984, in
obs °r,,ance of Thanksgiving.
Th, -�v a.anager introduced Mr. Kenneth C. Stapleton, our first and recently
umn 'o,e�' ''dminisLrat_'ve Plannine Coordinator.
' i FNS FY C1 7t c F.
;Y DUTr' the recorremendation of the City Manager, the Council unanimously
T R a C
L,7�DER er' c' °d a motion to award the bid received 11/1/84 from Trail Tractor Company
i� :ake WDrth for one heavy -Duty Tractor and Loader, less Loader Bucket - the
,15.558 to be taken from Account 15 -64.20 (Public Works Department - Field
n_.r,^snt1.
CITY COUNCIL REGULAR MEETING, 1I115184
PAGE 2
fXPANS1CN Per the recororreodation of the City Manager, the Council unanimously
POLICE DEPT
area ^ted a .motion authorizing the expenditure of $20,000 from Council
✓ for the cnrrnlerion of tho renovation /expansion of the Police
14an3ger suggested presenting Mrs. °eggy B. F_vatt with a plaque
Tv COUNTY -
/;i "''I�S�i�`•: .,d- -�tR;n For her dcdicnted sn,rvicr,s as 17nediate -past Palm Beach
Ccmmissioner of District 1. He alsc suggested that plaques be
o` to Messrs. Deno-'s Koehler and Bill Bailey as they leave their
`_.-t 3 and S seats an the CoTrnissicn, showing the City's gratitude
heir assistance. The Council members were in agreement with the City
n ^ar r sugoestion.
r r :?man Kiselewski made reference to a letter received from Palm Beach
r;r_n`y Commission requesting municipalities to enact an Ordinance revising
e,_nty Building Lode by requiring 29' doors. After researching this
' Jam [CJC,n,"`,it'man Kaselewski discovered that the requirement of this Code
^-- ,--`iv is 32' doors. The City Manage: and Building Official were
r =fed to research this further and report back to the Council.
^D Ts
10t)-'J C T '?11. .ran viselewski reported on a meeting of the Palm Beach County Solid
K [SEL.CWSV.1
?,-sty: �jthorit-v, of which he is a member, and made reference to the agreement
:tr B..r,kers Land Company for the purchase of 1507 acres (known as Site 7).
Councilman Kiselewski also reported that he will be representing the
pal- 3 -2ah County Metropolitan Planning Organization in Tallahassee next
seer. in a meeting of all Metropolitan Planning organizations in the State.
VIFE ;y,aYGF V`,:r 0-vor Monroe reported on part, of the Planning and Zoning Commission
mer-`no held Tuesday, November I3, 1984. A copy of the minutes for this
°' [r,g are on file ir. the City Clerk's office.
COUNCIL REGULAR MEETING, 11115184
PAGE 3
✓_'ce Mayor Monroe also reported on the meeting of Beautification and
unvircnmental Committee on Wednesday, November 14, 1984. A copy of the
ninuLes , -` that meetino arc on file in tle City Clerk's office.
CCtI,�CI .i' "J 9v-c; 1m�, n Feeney reported that the members of the Planning and Zoning
^n�� ±scion requested the City's Administrative Planning Coordinator attend
-,e°bogs,
r,ty Manager clarified the responsibilities that the new Administrative
PL- n -no Coordinator will be undertaking.
ITEMS Br THE MAYOR ,-,ND COUNCIL:
COUVC,LMAN r'a nc lm3n Kiselewski made reference to a list of recommendations
KISELEWSK-
g'v r n the Council b_v the City's Comprehensive Land Use Plan
C ^gym *.tee, to be considered in the updating of the Comprehensive
1. ^r ,;re Plan. This item will be put on an agenda in the near
r discussion by the Council.
C cl ;an Kiselewski refe_enced the requirement outlined in the City's most
re,.it '.e: ^,sletter that all lawn maintenance contractors haul away any /all
c,:,`.tiros of any nature that becomes a part of their work. He received
se,cre' drone calls from residents voicing concern over the inequity, as the
C;ty h u?s away any /all clippings made by homeowners.
The City Manager explained that this mostly pertains to massive amounts of
He iS proposing that the City be notified when a resident will
he having _large amounts of cuttings and possibly require a permit. The
res4c - -rt 'would then be charged a fee for a special pick- n c-rvice.
hA Ciity manager was requested to submit his recommendations, in writing,
-e: ch_s. for the Council's consideration.
L REGULAR MEETING, 11115184 PAGE 4
VICE MAYOR In response to vice Mayor Monroe, the City Manager advised that the two
MONROE
trailers located by the tennis courts are construction trailers to be
u ^ed du -"rig Lhe placement of the lights at "Gardens Park ",
RESCLLITIONS: 9_ !nanimous vote o, the Council, the following Resolutions were
P,ESOLdTION'; r:r�ved from the agenda, to be placed on an agenda at a future
4z 43, 44,
INN 511 1934 W,nr +,shop "fleeting of the Council: Resolution 42, 1984, reappointing/
a, ;.Tntinq members to the C.i.ty's Beautification & Environmental
Resolution 43, 198/.,, reappointing /appointing members to the
L',;r,,'s Verit System Board: Resolution 44, 1984, Reappointingl appointing
mew °_tars and an alternat,= member to the City's Planning and Zoning
Cn�n?ssion; and Resolution 59, 1984, reappointing /appointing members
t^ the City's Recreation Advisory Board.
RESCLJTIOiI P,, _ jnanimous vote of the Council, Resolution 61, 1984, providing for
61 1584
pe rissien to locate, as a use, a temporary trailer on the pre -
n`--;s of Soverel Marine on the north side of PGA Blvd., West of the
lnt* -,coastal Waterway, was taken off the agenda permanently as requested by
- nFtitioner.
RESOLUTION, b -ymond Royce, Attorney, explained that all changes were made to
62, ± :g4
' so.:ution that were discussed at the previous Workshop meeting of
�'c emher e, 1984. He and Attorney Brant worked together incorporating
tr.ca° changes to produce the final Resolution for approval.
Cr- cwlmao Kiselewski exchanged thoughts with Attorney Royce re: the mall
;eina wilt in phases. The developers have agreed to put in all landscaping
be'n,,c the phasing begins.
How
FRA
CITY COU+VCIL REGdLAR ;FETING, 11115184
PAGE 5
e4f. Steve Mathison, Attorney, presented the City Manager a $200,000 letter
of credit bonding all on-site roadway, utility, and drainage improvements;
arvd o righr -of --way deed representing those rights -of -ways required to be
ccns,ey -d to the City in accordance with the terms of the Development Order.
By �, of the Council. the City Clerk read by title only,
Resolution 62, 1984, providing for the creation of "The Gardens"
Shopplog Center PUD, proposed by ForbeslCohen Properties of
Scc +t F— eld, Michigan to he located within Bankers Land
Comcony's PCD on 92.409 acres.
1 >aJ,nr ', ,ling thanked Bankers Land Company for their confidence shown in
'!T- >? °v in considering this PCD. He also thanked Attorney Royce and his
f,rr^ For their efforts and professional attitude.
^s c pion e2, 1984 was unanimously adopted by the Council.
. - ^,rive Cohen, partner of ForbeslCohen, addressed the Council relaying
iceas for this shopping center and thanked the Council for their
-srrrd'ior, and faith in his firm.
RFSOLIiTID 3 — currence of the Council, the City Clerk read, by title only,
64. 1984, expressing to Palm Beach County Commission the
City' conr,ern ra: allowable density in Northern Palm Beach County.
ire rn ^ycr Monroe advised that she was more in favor of this Resolution
I,:;, '.`•^ stronger language it in.itielly had.
S.,u-r,_L•, -2n ,-eeney felt that more time should have been spent with the
.rep= r�t'on of this Resolution, that he is not pleased with the contents.
Co LLaan Aldred feels that the Resolution is a statement of general
as;,ing the County to make sure they address the municipalities
t,—t border them when considering their Land Use Plans.
CITY COUNCIL REGULAR MEETING, 11/15/84
PAGE 6
Mayor Martino felt that he did not have enough information to support
this Resolution.
Councilman Feeney would have preferred if this Resolution was sent to
Lnc Council of Gover.nment5 and that the City participate in this
organization.
Councilman Kiselewski felt this was the best time to send this Resolution
:,tie County Commission because of the newly - elected members taking office.
' ?saluti.on 64, 1984 was adopted by a 4 - 1 vote, Mayor Martino voting nay.
RESOLUTION By a unanimous concurrence Of the Council, the City Clerk read, by title
65, 1984
only, Resolution 65, 1984, approving the plat of "PGA Resort Community
Plat of Windermere Unit One ", created by ,Resolution 53, 1984 on Tract
N-2 of the PGA National PED.
?ec�ciution 65. 1,984 was unanimously adopted by the Council.
0RD1 ^iA CESe Martino declared the Public Nearing open, which was duly advertised
ORDINANCE "r_,`obEr 19, 1984 and held on the intent of Ordinance 19, 1984, providing for
19, 1984
r',F re ^ti or, of the "Sandtree Plaza" PUD. with underlying zoning of LPO-
C ^rn- »rcial nrefessional Office District, on the 2.27 -acre "Tract H" of the
Multi- family /Commercial PUD created June 1, 1978 by Ordinance 7,
7°711, on ,he south side of Northlake Boulevard, east of Interstate -95,
Ssctio,n 19, Township 42 South, Range 43 East.
=7ttcrney Jack Cox addressed the Council on behalf of the petitioner, Mrs. Sherry
c`r.. Trustee. Mr. Edwaro Roby reviewed the plans for this project, expounding
9,n those modifications /concessions made pursuant to the discussions at former
ceefings of the City Council on this application.
CITY COUNCIL REGULAR MEETING, 11115184
H
PAGE 7
Several members of the audience who are residents of the partially- completed
multi -�: my portion ui "Sandcree" addressed the Council expressing concerns re:
tiei7 consideration of approval of the subject project, including: (1) the
di5lsvorabie financial impact it would have on the value of their homes; (2)
t`,p vehicular traffic the PUD would generate on the access road to /through
cr project, "Sandtree Drive "; and the voidance of the availability of and
nne year's membership to the commercial "Sportsplex" initially proposed and
app -oved by the City for this site per the petition of Mr. L. A. Baarcke,
.phi ^`i q'aS. reportedly, used as a marketing tool by now - bankrupt N. P. B.
'in_c'ings, Inc., the owner /developer of their townhouse duplexes.
of the Council sympathized with the ,,,,eowners that due to economics,
the , ^ew owners of "Tract H" have chosen not to implement Mr. Baercke's plans;
and m=da a concentrated effort to explain that the requested underlying zoning
cl_ssi °ication of CPO -- Commercial Professional Office District is less intense
General Commercial District; and that prior to the creation of the
",an�trea" multi - family / ccmmercial PUD, the entire twenty acres were zoned
"eneral Commercial District; and, per the Ordinance that created the
arnd ,ee" PUD, the underlying zoning of tract "H" is C -2, General Commercial
D93`-?ct. (Effective 11/2/78, the City's zoning classification of C -2, General
C- m- ,emial District, became the zoning classification of CG -1, General
Ca ° ^err.ta District.) It was also noted that CPG Districts ;zr^ 1 „
provide suir,able space for professional offices with yards and landscaping
cnmcatlble with residential development and to be used as a transition
tetween more Y.ntensive commercial uses and residential developments.
CITY COUNCIL REGULAR k.EETING, 11115184
PAGE 8
In response to Ms. Margie McGuire, 328 Sandtree Drive, PBG, the City Clerk
advised that the requirements outlined in Ordinance 7, 1978, for (1) a "Unity
of Title" on "Tract H" was repealed by Ordinance 17, 1979, adopted January 17,
1980; and (2) the completion of all construction phases on or before two years
w2s extended by Ordinance G, 1981 adopted May 21, 1981, and Ordinance 14, 1982
ada, ^ted July 1, 1982. The City Attorney added that although on July 1, 1984,
the multi - family portion of the PUD legally expired, the commercial usage of
"Tract H" did not as the subject application was filed prior to that date.
P -r S^tion 4. of Ordinance 7, 1978, the City Council, by subsequent Ordinance,
shall determine the zoning of permitted uses of lands contained in phases of
the PUT) that remain uncompleted at the time of its expiration. The members of
the audience were advised that the City's Comprc;)ensive Land Use Plan outlines
medium density residential usage of the lands of the multi - family portion of
"Sandtree°^ and the Council will consider the zoning of the unbuilt phases,
lr ?ire; further extending the permissible time for the PUD's completion, in
A" r future.
1't; Manager clarified that the portion of "Sandtree Drive" that lies
wit'in the twenty acres of "Sandtree" is, by plat, dedicated to the City;
hc�c
the City has not, to date, formally accepted the right -of -way for
m inr ^nnc?. The subject Ordinance 19, 1984, includes the requirement that
the �^ el op sr pay the City $9,000.00, to be used solely toward improving the
a° :`°n? public roads within the "Sandtree" subdivision.
ES
MEETING, 11115184 PAGE 9
It vas Pointed out to the residents of "Sandtree" present that their input
du_ing the Council's several discussions on the "Sandtree Plaza" PUD applica-
tion merle -t a more workable project. The modifications /concessions made by
t';7 acveleper since the initial application included. (1) the altering of the
'err, 'on of the buildings ors the 2.27 acres; (2) landscapinglberming being
ad. {--+; co puffer the Commercial Professional Office usage from the Multi- family
the developer promising to make every effort to obtain a right -of-
wat, :o ;Jorthlake Boulevard, through property to the north, that would result
if, -, dosing o` the "Sandtree Drive" access to "Sandtree Plaza "; and (4) the
developer being required to grade and bear one -half of the cost to seed the
cntiqu ^L+s tract designated for recreational use by "Sandtree" Homeowners.
At, "artinn declared the Public Hearing closec_
P.v a made by Councilman Kiselewski, seconded by Vice Mayor Monroe, and
na _mnus y adopted, the City Clerk read, by title only, on second and final
44 y
r-;;inq. 'Drdinance 19, 1984, with the following modifications:
A. -he word "may" substituted for the word "shall," in the next to the last
!'^- Of sub- paragrapn (c) of Section �.
_. The word "of" substituted for the word "or" in the eighth line of the
naragrapn of Section 5.
3. ne verbiage "and paved parking spaces" omitted from the eleventh and
t �1ftn lir -s of the paragraph of Section 5.
A '.w- 1-inn ,as made by Councilman Kiselewski, seconded by Vice Mayor Monroe, the
orr i' adopt Ordinance 19, 1984, as read by the City Clerk.
ujscus -icn on motion: Vice Mayor Monroe, Councilman Aldred and Mayor Martino
rested that they, with reluctance, would be voting in favor of the adoption of
"Sandtree Plaza" conformed to the City's Code; and there
legal reason to reject the petition.