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HomeMy WebLinkAboutMinutes Council 012182CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS JANUARY 21, 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, Vice Mayor Martino, Councilman Aldred, Councilwoman Monroe, and Councilman Kiselewski. City Manager John Orr and Attorney William Brant were also in attendance. ANNOUNCEMENTS: Mayor Kiedis announced that the bi- monthly meeting of the Planning & Zoning Commission will convene at 7 :30 P.H., an Tuesday, January 26, 1982. Mayor Kiedis reported that an informal ground- breaking ceremony was held this date on the City's Community Activities Building, which was approved ® by the City's electors at a Special. Referendum Election held November 4, 1980. Mayor Kiedis thanked the voters for their approval of this facility and all the people that had input into it, especially the Director of Recreation and Parks and his staff, the Recreation Advisory Board, and members of the City Council. CALL FOR BIDS: The bids received by the City from two dealerships were opened and read MALIBU FOR POLICE_ aloud by the City Clerk for Four New 1982 Chevrolet Malibu with V -6 engines, DEPT. without trade -ins, as duly advertised December 28, 1981, as follows: Roger Dean Chevrolet, 2235 Okeechobee Blvd., WPB, FL - $8146.16 each, without police package; $9364.21 each, with police package Bruce King Chevrolet, Inc., Northlake Blvd. & A -1 -A, Lake Park, FL - $31,994.48 for four, without police packages; $36,406.08 for four, with police packages By a unanimous vote of the Council, these bids were remanded to the City Manager for recommendation at a future meeting. Wit. City Council Regular Meeting, 1/21/82 Page 2 PRESENTATION OF PLAQUES OF APPRECIATION FROM THE CITY'S BEAUTIFICATION AND ENVIRONMENTAL COM- MITTEE TO MESSRS. JACK HANSON, BUILDING OFFICIAL, AND DICK CAMERON, SUPERINTENDENT OF MAINTE- NANCE D RRPATR >: On behalf of the City's Beautification and Environmental Committee, Mr. Jack White, member, presented plaques of appreciation to Messrs. Jack Hanson, Building; Official, and Dick Cameron, Superintendent of Maintenance and Repairs, which read "In appreciation of your dedication and out- standing contributions - For the extraordinary service of beautifying the City of Palm Beach Cardens - Presented by the Beautification and Environ- mental Committee ". ITEMS BY THE CITY MANAGER: F P & L'S CONSERVA- By a unanimous vote of the Council, the City Manager was authorized to TION LIGHTING enter into Florida Power & Light Company's Conservation Lighting Agreement, AGREEMENT which was discussed at the Workshop Meeting of February 10, 1982. UPGRADE OF The City Manager's implementation of the Council's request that the ASSEMBLY ROOM Assembly oom be upgraded will be worksho y u pg pped at a future meeting. REPORTS: Mayor Kiedis reported on the Site Plan and Appearance Review Committee's MAYOR KIEDIS: meeting he attended on January 15, 1981. Minutes of this meeting are on file in the City Clerk's office. �OUNCILNiAN Councilman Kiselewski reported on the Palm Beach County Municipal League's KISELEWSKI: meeting he attended this date. HB 71 re: imposing a tourist tax and BB. 200, which would provide for the collection of any outstanding parking fines prior to one renewing his /her driver's license, were discussed. MAYOR KIEDIS: Mayor Kiedis reported that he and the City Manager attended the meeting of the South Florida Water Management District held yesterday in the Palm Bach County Commission Chambers. ITEMS BY THE MAYOR AND COUNCIL: AUTHORIZING CHANGE A motion was unanimously adopted by the Council authorizing the City ORDERS BY CITY HNNACER Manager to negotiate change orders Lhat may be requested by the architects or during the course of construction of the City's Community Activities Building, with the proviso such change orders are not to exceed $500 and not more than two of them are permitted without first reporting to the Council. RECOMMENDED The City Manager's memo, dated January 19, 1982, suggesting recommendations C1L�NCES TO PRO - OSF.D I -95 to the State Department of Transportation re: the proposed Interstate -95 INTERCHANGE interchange on Military Trail, north of PGA Boulevard, will be considered by the Council at the current meeting, under "Items for Discussion ". City Council Regular Meeting, 1 /d! /82 Page 3 The City Manager will report to the Council the environmental and cost effects of the Resource Recovery System the Solid Waste Authority and County Commission are considering for location(s) in the County, including at the existing facilities on Dyar Boulevard in Lake Park and /or at Century Village in West Palm Beach. RESOLUTIONS: Referencing the discussions at the Regular Meeting of January 7, 1982, the RESOLUTION 70, City Manager reported the current owner of the property within the Gardens 1 Glen Circle right -of -way, Ten Plus One Ltd., has satisifed all delinquent ad valorem taxes on the property and manicured the landscaping and placed mulching around the hedging and fencing at the entranceway to the "Gardens GIen" project. By the concurrence of the Council, the City Clerk read, in full, Resolution 70, 198t, accepting the improvements in the dedicated road right -of -way of the plat of "Gardens Glen ". Resolution 70, 1981 was unanimously adopted by the Council. RESOLUTION 3, By the concurrence of the Council, the City Clerk read, in full, Resolution 1982 3, 1982, appointing Oliver Vanosse a member and Emory Williams an alternate ® member of the City's Zoning Board of Appeals. Resolution 3, 1982 was unanimously adopted by the Council. RESOLUTION 4, By the concurrence of the Council, the City Clerk read, in full, Resolution 1982 4, 1982, reappointing Robert Verse and Henry Mitchell members of the City's Code Enforcement Board. Resolution 4, 1982 was unanimously adapted by the Council. RESOLUTION 5, By the concurrence of the Council, the City Clerk read, in full, Resolution I982 5, 1982, appointing a First Assistant lire Chief and a Second Assistant Fire Chief and reappointing two Assistant Fire Marshals for the City. Resolution 5, 1982 was unanimously adopted by the Council. ORDINANCES: Mayor Kiedis declared the Public Hearing open, which was duly advertised ORDINANCE 30, January 4, 1982, and held on the intent of Ordinance 30, 1981, providing for 1981 T the creation of a multi- family PUD proposed to consist of 50 duplexes (100 units) and be located within the 16.2 acres of the recorded "Rainwood East" single family subdivision. Mr. David Risinger of Urban Design Studio addressed the Council pursuant to this request of his client, Paparone liomes of Florida, referencing the discussions at the Workshop Meeting of January 14, 1982. City Council Regular Meeting, 1/21/82 Page 4 The majority of the Council was not in favor of the 1/18/82 request of Mr. D. Richard Holmes, Attorney representing the Tropical Sands Christian Church on the southeast corner of Burns Road and Alamanda Drive, that a aidewalk not be installed along the Alamanda Drive right -of -way on the westerly perimeter of their property; nor the request of the developer they be permitted to install a sidewalk along the west, rather than both, sides of Alamanda Drive, in reference to the Council's suggestion that the applicant donate $20,000 to the City's Recreational Land /Facilities Account, in addition to the $39,118 already received, Mr. Risinger reported that he and the City Manager had dis- cussed this matter, and the developer is offering $17,000 in exchange for the requested increase in density. (In November, 1978, the lands of "Rainwood West" and "Rainwood East" were rezoned from A -1 (Agricultural) to RS -4 (Single Family Residential), and in April, 1979, they were platted for single family housing per the application of then -owner Mr. Frank R. Masiello, Jr., President of P.G.F. Enterprises, Inc.. One of the various agreements Mr. Masiello made with reference to the projects in a communication dated March 14, 1979 was to donate to the fund$27,882 for "Rainwood West" and $39,118 for "Rainwood East ", prior to application for the first residential building permit for each subdivision. Paparone Homes of Florida, now -owner of both subdivisions, donated the entire $67,000 prior to their application to build the first single family dwelling in "Rainwood West" - 10179.) Councilwoman Monroe made reference to the Future Land Use Plan Element of the City's duly adopted Comprehensive Land Use Plan, which outlines " the area sur- rounding the elementary school (Alamanda) should be developed as low density residential ", and a publication of the Department of Community Affairs on the Local Government Comprehensive Planning Act of 1975,which states "no development program for actions may be approved that are inconsistent with it (the plan) ". in response to her inquiry, the City Attorney advised the Council should deter- mine, by policy, whether a modification to the Comprehensive Land Use Plan would be required if the cap of 5 u /p /a outlined in the plan for low density residential is exceeded under a Planned Unit Development concept. (The under- lying zoning usage requested is RM- Residential. Medium Density, which permits, per Appendix "A" of the City's Zoning Codes, up to 8 u /p /a, plus a bonus of 2 u /p /a under a PUD concept. The density requested is 6.2 u /a /a.) With reference to the $17,000 offered as an additional donation to the City's Recreational Land /Facilities Account, Councilman Kiselewski indicated he would be "more comfortable" with the total sum of $76,000 for "Rainwood East ", taking into consideration: the developer would have to purchase 3.8 additional acres to develop the 100 units requested, while, at the same time, complying with the City Council Regular Meeting, 1/21/82 Page 5 maximum allowable density under straight single family zoning; and using the figure of $40,000 per acre, these 3.8 acres would cost approx. $152,000. Thus, the developer is requesting $152,000 worth of relief via the PUD concept, with the recreational amenities required to be a part of the PUD satisfying half that sum. Mayor Kiedis noted the difference between the quantity of units the existing plat of "Rainwood East" does enable (65 units) and the requested plat would enable (100 units). Councilman Aldred noted the applicant's sooner - than- required donation of $39,118 enabled the City to realize interest earnings. The majority of the Council members were agreeable to the $17,000 offered. In response to the concern expressed by the City Manager re: the developer's violation, this date, of the City's Ordinance 26, 1981, adopted November 19, 1981, Mr. John Gary, Attornev for Paparone Homes, advised this was an oversight on the developer's part. The gentleman was requested to get the land in readi- ness for a proposal to maintain "as is" /remove /relocate the shrubs /trees and the reasons therefor. They will ascertain the necessary permit from the City prior to accomplishing any further work. 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 Ordinance 30, 1981, on second reading, by the title paragraph and the paragraph of Section 3 with the figure $17,000 inserted in the blank. A motion was made, and seconded, the Council adopt Ordinance 30, 1981, as read, on second and final reading, by the City Clerk. Discussion on the motion: Councilwoman Monroe indicated she would be voting against the passage of this Ordinance, as, in her opinion, the project does not qualify as low density residential as outlined in the City's Comprehensive Land Use Plan. Councilman Kiselewski indicated he would not be voting in favor or the Ordinance, because the compensation outlined did not enable the City to purchase an equal amount of land. Vice Mayor Martino read, for the benefit of the audience /record, the City Engineer's comments, dated January 21, 1982, re: the plans for on -site improve- ments for this project. Ordinance 30, 1981 was adopted by the Council by a vote of three ayes and two nays. (Vote on motion: Mayor Kiedis, Vice Mayor Martino, and Councilman Aldred voted aye; Councilwoman Monroe and Councilman Kiselewski voted nay,) Mayor Kiedis declared the Public Hearing open, which was duly advertised Janu- r ary 4, 1982, and held on the intent of Ordinance 32, 1981, providing for the creation of a PUD with CG -1, General Commercial, usages on a 2.I -acre parcel located on the southwest corner of Military Trail and PGA Boulevard, per the Petition of Mr. S Mrs. Otto B. DiVosta of DiVosta Construction. City Council Regular Meeting, 1/21/82 Page 6 While referencing a rendering of this proposed four -story office project, Attorney Raymond Royce, authorized agent, reviewed those modifications made to the plans pursuant to their-discussions with the Council and Planning & Zoning Commission since the irate of their initial application for the project, August 19, 1981. A major portion of these concessions were based on the concerns of homeowners in Plat No. I of PGA National Golf Club Estates to the south. Attorney Royce stated for the record the sidewalk to be installed along PGA Boulevard on the northern perimeter of the project will align with the crosswalk to be located on the south side of the Military Trail /PGA Boulevard intersection. Also, they will be pursuing their discussions with the owners of Everglades Federal Savings & Loan Association and the Sun Building contiguous to the south on the west side of Military Trail re: providing for pedestrian traffic to /from the facilities via the parking lots. Per the concern expressed by Ms. Helen Gallagher of Tamberlane Condominiums, the developer will better the condition of the bicycle path now located along the northern perimeter of the subject lands. 40 While expressing gratitude for the concessions made thus far, Mrs. Judy Vick of 10902 Larch Court, PBG, maintained her objection to the height of of the building. The proposed building was shortened from six to four stories; however, she felt three stories would be a better compromise. Mrs. Diane Thatcher of 10924 Larch Court, PBG, echoed the opposition of Mrs. Vick. Additionally, she expressed concern re: the reflective glass to be used on the windows and the exterior lighting of the building itself. Attorney Royce explained the glass of the windows will be installed with the reflective side facing the interior of the building. The parking lot will not be lit. Those standards to light the front and sides of the building only will not provide for spillage onto the adjacent homes. There will be extensive landscaping, with materials much like that of Garden Square Shoppes on the northwest corner of the intersection. With no further comments from members of the audience, Mayor Kiedis declared the Public Hearing closed. City Council Regular Meeting, 1/21/82 Page 7 In response to Councilman Kiselewski, the City Manager advised the same formula for figuring the monetary donation outlined in Ordinance 28, 1981, which created a ter -story office project PUD west of the drivers' license facility on PGA Boulevard, was applied to the subject PUD for the developer's donation to this Recreational Land /Facilities Account. In mid -1981, the City realized the landscaping and irrigation of the medians at all four corners of the PGA Boulevard and Military Trail intersection, with DiVosta Construction donating three - Courths of the cost and providing for the performance of the work. By a unanimous vote of the Council, the City Clerk read, by title only on second and final reading, Ordinance 32, 1981. Ordinance 32, 1981, was adopted by the Council by a vote of three ayes and two nays. Vote on motion: Mayor Kiedis, Councilwoman Monroe, and Councilman Kiselewski voted aye; Vice Mayor Martino and Councilman Aldred voted nay. ORDINANCE 1, By a unanimous vote of the Council, the City Clerk read, by title only on 19 =— first reading, rdinance 1, 1982, g, providing for the annexation of a 49.8 - acre parcel located on the west side of Prosperity Farms Road, north of PGA Boulevard, with RM- Medium Density Residential Zoning. The annexation iof this parcel proposed by Bankers Land Company to be a part of a 481 -acre Planned Community District will be workshopped by the Council at their meeting of February 11, 1982. ORDINANCE l Mr. Leo Passi of Nu -View Builders addressed the Council on behalf of Mr. 1982 Issac Gomel of North Miami Beach, developer, pursuant to his application for amendments to Phase II of the Vision One PUD located on the west side of Military Trail at its intersection with Burns Road. By a unanimous vote cf the Council, the City Clerk read, by title only on first reading, Ordinance 2, 1982, providing for modifications to the Vision One PUD created by Ordinance 12, 1978. Ordinance 2, 1982 will be further workshopped by the Council at their meeting of January 28, 1982. In the meantime, Mr. Passi will provide for a romparison of the landscaping proposed and the landscaping plans attached to Ordinance 12, 1978. Also, they will pursue the permission of Mr. L. J. Brodd and Biscayne Federal Savings and Loan, owners, to better the landscaping and irrigation in Phase II of the PUD. 11 City Council Regular Meeting, 1/21/82 Page 8 ITEMS FOR DISCUSSION: EXTENDING PERMS- The Mayor suggested, and the other members of the Cuuncil concurred, the SIBLE TIME FOR City Clerk prepare a Resolution for their workshop at the January 28, 1982 STORAGE TRAILER AT SHEARIN 'SHDWE meeting, amending Resolution 71, 1980, to provide for an extension of one year a trailer may be used for the storage of hay at "Shearin's Hardware and Ranch Supply ", 4223 Northlake Boulevard, PSG. In the meantime, the City Manager will request Mr. E, B. Shearin, petitioner, to better the appearance /safety of the trailer. 20 ACRES EAST OF Per the Council's concurrence with the City's Recreation and Parks Depart - GARDENS PARK ment and Advisory Board recommendation, the Mayor will investigate the possibilities of the City obtaining from the owner, Bankers Land Company, the 20 acres of land located contiguous to the east of Gardens Park for recreational purposes. LETTER TO DOT During the discussions on the City Manager's memo dated January 19, 1982, RE: I�-95 INTER- CHANGE suggesting recommendations to the State Department of Transportation re: the proposed Interstate -95 interchange on Military Trail, north of PGA Boulevard, Vice Mayor Martino expressed great dissatisfaction in the State's and County's lack of solicitation of the City's input during the ® planning of the northerly extension of the interstate, especially within our corporate boundaries. Questioning the existence /availability to the City of the traffic study that mandates the proposed interchange, Vice Mayor Martino opposed it. He felt the location of a traffic signal at the intersection of Elm Street and Military Trail is needed regardless of the location of an I -95 interchange on Military Trail. Per the concensus of the majority of the Council, the Mayor will correspond to the DOT the recommendations outlined in the City Manager's memo in their order of preference (i.e., #2, 113, and lit listed as #'s 1, 2, and 3, respectively.) DISPATCHER FOR At the Workshop Meeting of January 28, 1982, the City Manager will provide POLICE DEPT. supportive data relating to the addition of a dispatcher /clerk to the Citv's Police Department, ADJOURNMENT. With no further business, the meeting adjourned at 10:15 P.M., 1 , MAYOR KIFDIS COOCILMAN ALDRED VICE MAYOR MARTINO COUNCILWOMAN MONROE Uri)- ui tedu. COUNCILMAN KISELEWSKI