HomeMy WebLinkAboutMinutes Council 021882CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDE14S
FEBRUARY 18, 1982
The Regular Meeting of the City Council of Palm Beach Gardens, Florida,
was called to order by Mayor Kiedis at 8:00 P.M. in the Assembly Room,
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 Kiedis,
Councilwoman Monroe, and Councilman Kiselewski. City Manager John Orr
and Attorney William Brant were also in attendance. Vice Mayor Martino
and Councilman Aldred were not in attendance.
Mll \UIES: The minutes of the Workshop Meeting of January 14, 1982 were unanimously
approved by the Council, as written.
The minutes of the Regular Meeting of January 21, 1982 were unanimously
approved by the Council, as written.
The minutes of the Workshop Meeting of January 28, 1982 were unanimously
approved by the Council, as written.
The minutes of the Regular Meeting of February 4, 1982 were approved, as
written, by a vote of two ayes and zero nays of the Council. (Councilman
Kiselewski abstained from voting, as he was not in attendance at that
meeting.)
ANNOUNCEMENTS: Mayor Kiedis announced that the bi- monthly meeting; of the Planning and
Zoning Commission will convene at 7:30 P.M., on Tuesday, February 23,
1982.
CALL FOR BIDS: The bids received by the City from three manufacturers were opened and
PUMPER FOR FIRE read aloud by the Fire Chief for one (1) new 1000 GPM Fire Department
DEPT. Pumper, without trade -in, as duly advertised February 1, 1982, as
follows:
Quality Manufacturing, Inc., 7512 N.W. 41st St., Coral Springs, F[,33()6`
$114,996.00 1
Florida Fire; Equipment h Apparatus Co., Inc., P.O. Box 63 -4247, North
Lauderdale, FL33068 - $107,500.00
W. Q. Dowling Fire Equipment Inc., 1433 SW 15th Avenue, Ocala, FL32670 -
$113,924; $108,424 for same specifications except a 1981 Chassis, with
hydraulic brakes and 45 -day delivery.
Citv Council Regular Meeting , 2/18/82 Page 2
These bids were remanded to the City Manager and Fire Chief for
evaluation and recommendation to the Council at a future meeting.
® ITEMS BY THE CITY MAkrER:
RIBBON - CUTTING
The City Manager reminded the Council there will be a ribbon- cutting
CEREMONY BY STATE
DOT
ceremony on February 20, 1982, at 10:00 A.M., at the temporary office
of State DOT personnel, east of the Interstate -95 interchange on the
north side of PGA Boulevard.
PROPOSED INCREASE
Referencing Governor Graham's communication of February 12, 1982, the
IN STATE SALES TAX
City Manager advised the local option one -half cent sales tax the Governor
is supporting would relieve our City 9 /10ths of a mill. The City Manager
and Council noted that, per tonight's Palm Beach Times newspaper, the
Governor has modified his intentions.
ITEMS BY THE MAYOR AND COUNCIL:
SIGNS TO BE
In response to the Mayor's reference to the discussions at the meeting of
POSTED IN CITY
February 4, 1982, the City Manager advis�d the "Slow- Children Playing"
signs are on order. The City Manager will follow -up on the Council's
additional request at that meeting Cor a three -way stop system at the
intersection of Dogwood and Daphne Avenues.
® REQUEST FOR
In response to Councilwoman Monroe, the City Attorney advised that, per
ATTORNEY GENERAL
OPINION
_
the consensus of the majority of the Council at the February 11, 1982
Workshop Meeting, he has, while referencing the Local Government Compre-
hensive Planning Act of 1975 and the City's Comprehensive Land Use Plan,
requested an opinion uC the Attorney General as to whether the City can,
technically, grant requests for land usages inconsistent with that out-
lined in our Plan, adopted June 18, 1981. Specifically, can the City,
without exercising the legal requirements of the Act pertaining to
deviations from /modifications to a Plan adopted, grant bonuses in density
under a Planned Unit Development concept.
(Per Attorney Brant, case
studies are not available on this que_tion.)
REMOVAL OF CON-
Councilman Kiselewski reported he suggested to the Building Official he
STRUCTION MATERIALS
contact the developers of projects a',ng Military Trail, requesting they
ALONG MILITARY TR.
remove their materials /equipment from their job sites while construction
is postponed for a period of time.
City Council Regular Meeting, 2/18/82
Page 3
MUNICIP_A.L SWIMMING
In response to Councilwoman Monroe, the City Manager advised that, when
POOL
he returns to town, Attorney Bill Shannon of DiVosta Construction Company
will contact the Palm Beach County Health Department re: their pending
consideration of approval of the plans for the municipal swimming pool
to be developed with the proceeds from the sale of the "Guiness Book of
World Records" house at 4505 Hickory Drive, which was correlated /owned
by Mr. Otto DiVosta and accepted as a donation earmarked for the pool
by the City.
RESOLUTIONS:
Per the concensus of those present, considerations of adoption of Resolu-
RESOLUTIONS 7
tions 7 & 8, 1982, appointing members and alternate members to the City's
& S. 1982
Planning & Zoning Commission and Site Plan and Appearance Review Committee
respectively, were postponed to a future Regular Meeting, when a full
Council is in attendance.
RESOLUTION 9,
Per the concensus of the Council, the City Clerk read, in full, Resolution
1982
9 1482, reappointing members to the Board of Trustees of the Firemen's
Retirement Trust Fund. Resolution 9, 1982, was unanimously adopted by
the Council.
RESOLUTION 10,
Per the concensus of the Council, the City Clerk read, in full, Resolution
®
10, 1982, approving designation of State Road 9 (Interstate -95), Section
93220 -2474, as a limited access facility. Resolution 10, 1982, was
unanimously adopted by the Council.
ORDINANCES:
Mayor Kiedis declared the Public Hearing, which was duly advertised
ORDINANCE 25,
February 1, 1982, and held on the intent of Ordinance 25, 1981, regulating
1981
time - sharing /multi- ownership condominiums.
In response to Mr. Bill Markham, 10330 N. Military Trail, PBG, the Mayor
advised this Ordinance provides for time- sharing /multi - ownership condomin-
iums to be a permitted use in the City's Limited and General Commercial
Zoning Districts only.
With no further 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 ticle only,
on second reading, Ordinance 25, 1981. Ordinance 25, 1981 was unanimously
adopted by the Council.
City Council Regular Meeting, 2/18/82
Page 4
ORDINANCE 1, Mayor Kiedis declared the Public Hearing open, which was duly advertised
1982 January 25th, and February 1st, 8th, and 15th, 1982; and held on the
iitenc of Ordinance 1, 1982, providing for the annexation of a 49.8 -acre
parcel located on the northwest corner of the Prosperity Farms Road/
Idlewilde Road intersection, with RM- Medium Density Residential Zoning.
Attorney Raymond Royce addressed the Council expounding on this provision
requested by his clients, Royal American Realty Inc. and Bankers Life &
Casualty Company, owners, for the entire 481 acres of the project they
introduced at the City's Planning and Zoning Commission's meeting of
September 22, 1981, to be within our corporate boundaries. The lands of
this project presently being considered by the Treasure Coast Regional
Planning Council for Development of Regional Impact approval are located
within Sections 5 & 6 of Township 42 South, Range 43 East, and designated
as PDA (Planned Development Area) on the City's Comprehensive Land Use
Plan. They will petition the City for the creation of a PCD (Planned
Community District), with mixed zoning usages, on the 481 -acre parcel,
subsequent to the Council providing for amendments to our existing PCD
Code that would enable application for the project, as proposed. The
® issuance of a Development Order will also be required.
Attorney Royce made reference to Section 171.062 of Chapter 171 of tha
Florida Statutes, which states, in essence, a municipal governing body
shall not increase, or decrease, the density allowed under a county
land use plan and zoning or subdivision regulations for a period of two
years from the effective date of an annexation unless approval is granted
by the county's governing body.
The subject 49.8 -acre parcel is designated on the County's Comprehensive
Land Use Plan as Low - Medium Density Residential, which permits: (1)
under staight zoning, a ma:.imum of 3 u /p /a; (2) under a Planned Unit
Development concept, a maximum of 5 u /p /a; and (3) with compliance of
the requirements for "Transfer of Dev- lopment Rights ", a maximum of
8 u /p /a. The requested RM zoning of the City permits a maximum of
8 u /p /a.
In response to the Council, the City Attorney advised the annexation as
provided for in Ordinance 1, 1982, fully complic5 with statutory require -
ments. The designated land usage will be Planned Development Area (PDA)
as reflected in the City's duly adopted Comprehensive Land Use Plan,
until such time as usage is formally incorporated into our Plan and Zoning
Codes /Map. PDA is, in essence, a "holding zone ".
City Council Regular Meeting, 2/18/82
Page 5
During the discusson with Mr. James Jesteadt, a neighbor to the immediate
north of the 49.8 -acre parcel, it was brought out that the City's single
® fa:.ily zoning provides for a maximum of 5 u /p /a, plus a bonus of 1 u /p /a
under a Planned Unit Development concept. If that zoning was granted,
in lieu of the RM requested, the City would be in technical violation
of the previously - mentioned statute (i.e., the City would be decreasing
the very maximum density allowed on the parcel as it exists in the
County.)
In response to Mr. Leroy Fink, 2583 Oak Drive, unincorporated, the
Council advised the actual density of a PUB created on this single parcel
could be less than 8 u /p /a. The Master Deveiopment Plan for the entire
project will be considered for approval by the Council in the future;
it will designate the permissible land usages for the succession of PUDs.
Our Comprehensive Land Use Plan is actually a "road block" to development
of the 49.8 acres on an isolated basis (i.e., without it being a part of
the PCD), unless application for a PUD concept is made /approved by the
City.
In response to Mr. Bill Markham, 10330 N. Military Trail, PBG, the Council
41 advised the property immediately to the south and west is designated
for PDA usage.
In reference to the concerns of members of the audience re: the 8 u /p /a
the City's RM zoning provides for, Attorney Royce offered there will be
a 20 -year development program for the PCD. The area of the 49.8 -acre
parcel will be reflected as residential on their proposed Master Develop-
ment Plan and will be one of the last PUDs to be developed. Per Mr.
Mort Hoppenfeld, their Professional Planner, the highest density pro-
jects are located closest to commercial retail usages. It is absolutely
inconceivable application would be made for or the Treasure Coast Regional
Planning Council or the Citv would permit some abuse of good planning on
these lands.
With no further comments from members of the audience, Mayor Kiedis
declared the Public Hearing closed.
By a unanimous vote of the Council, the City Clerk read, in full, on
second reading, Ordinance 1, 1982, Ordinance 1, 1982 was unanimously
adopted by the Council.
City Council Regular Meeting, 2/18/82
Page 6
"REWRITE" OF
At the Workshop Meeting of January 28, 1982, Mr. Raymond Royce, Attorney
CITY'S PCD CODE
for Bankers Land Company in their proposed application for Planned
®
Community District zoning on a 481 -acre parcel of land located within
Sections 5 & 6, Range 43 East, Township 42 South, reviewed with the
Council the revisions the City's Planning & Zoning Commission recommended
be made to the City's Planned Community District Code (i.e., Section 17
of Article VII of Appendix A, Zoning of the City's Code of Ordinances).
With the input of the City Manager, Attorney Royce, and Mr. Mort
Hoppenfeld, Principal Planner, the City Attorney will incorporate the
thoughts of the Council at that and the current meeting into an Ordinance
amending the City's PCD Code for the Council's consideration of first
reading at the Regular Meeting of March 4, 1982.
PETITIONS AND COMMUNICATIONS:
Mayor Kiedis acknowledged receipt of communications from the following:
GOVERNOR BOB
1. State Governor Bob Graham, dated February 12, 1982, re: the local
GRAHAM
option one -half cent sales tax he is supporting.
MR. LEW LAUDER
2. Mr. Lew Lauder, Director of Governmental Affairs for the Home Builders
HOME BUILDERS &
and Contractors Association of Palm Beach County, outlining the com-
CONTRACTORS ASSOC.
ments he made at the Workshop Meeting of January 28, 1982, re: the
City's proposed Ordinance 11, 1981, imposing a fire equipment/
facilities fee on developers of projects over two stories in height.
ITEMS FOR DISCUSSION:
DEDICATION OF The members of the Council present authorized the City Attorney to pursue
SAND�VE the of the implementation
TO THE CITY p proposal /agreement made by Mr. Robert Harris,
President, and Mr. John Trusler, Vice President of N.P.B. Holdings,
Tnc., developer of the "Sandtree" PUD, during and subsequent to the
discussions on the creation of the PUD to dedicate "Sandtree Drive" to
the City.
BIDS RECEIVED FOR Councilman Kiselewski noted that the amounts of the bids opened at the
FIRE PUMPER current meeting or
g a new pumper for the Fire Department are greater
than that anticipated at the time of the Council's adoption of the budget
for this fiscal year.
ADJOURNMENT: With no further business, the meeting adjourned at 9 :57 P.M..
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