HomeMy WebLinkAboutMinutes Council 031992�f
CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
MARCH 19, 1992
The Regular Meeting of the City Council of the City of
Palm Beach Gardens, Florida, was called to order by Mayor
Martino at 8:00 P.M., in the Assembly Room of the
Municipal Complex, 10500 North Military Trail, Palm Beach
Gardens, Florida; and opened with the Pledge of Allegiance
to the Flag.
ROLL CALL The City Clerk called the roll, and present were Mayor
Martino, Vice Mayor Aldred, Councilwoman Monroe,
Councilman Kiselewski and Councilman Russo.
ANNOUNCEMENTS Mayor Martino stated the announcements are as posted on
the City's bulletin boards.
RESOLUTIONS
RESOLUTION
22, 1997— Councilman Russo made a motion; seconded by Councilwoman
Monroe, to approve Resolution 22, 1992, declaring the
results of the City's General Election held on March 10,
1992. For City Councilman Group 2, Joseph Russo was
declared the winner with 4,333 votes and for City
Councilman Group 4, Linda Monroe was declared the winner
as she was unopposed.
REORGANIZATION
APPOINTMENT OF
A TEMPORARY
Mayor Martino accepted appointment of Temporary Chairman
to elect a Mayor and Vice Mayor.
CITY COUNCIL REGULAR MEETING, 3119/92 PAGE 2
-- OINTMENT OF
MAYOR Vice Mayor Aldred nominated Michael Martino for Mayor.
Councilwoman Monroe nominated Joseph Russo for Mayor.
The Council was polled as follows:
Councilman Kiselewski stated his preference for Joseph
Russo.
Councilwoman Monroe stated her preference for Joseph
Russo.
Vice Mayor Aldred stated he would vote for Michael
Martino.
Councilman Russo stated he was not going to vote for
himself explaining he did not feel the time was right for
his appointment as Mayor.
Councilman Kiselewski recalled his vote and voted for
Michael Martino.
Councilwoman Monroe recalled her vote and voted for
Michael Martino.
Per a unanimous vote of the City Council, Michael Martino
was declared Mayor.
APPOINTMENT OF
VICE MAYOR Per a nomination by Councilman Kiselewski, seconded by
Councilman Aldred, Joseph Russo was unanimously appointed
Vice Mayor by the City Council.
APPOINTMENT OF
WO DEPUTY
TREASURERS Per a unanimous vote of the City Council, Linda Monroe and
Dick Aldred and were appointed Deputy Treasurers.
- -'POINTMENT OF
-- AIRMAN PRO -TEM Per a unanimous vote of the City Council, Donald
CITY COUNCIL REGULAR MEETING, 3/19/92 PAGE 3
Kiselewski was appointed Chairman Pro -Tem.
RESOLUTIONS
RESOLUTION
23, 1992 Councilman Kiselewski made a motion to approve Resolution
23, 1992, appointing Michael Martino as Mayor and Joseph
Russo as Vice Mayor of the City of Palm Beach Gardens;
seconded by Councilman Aldred. The motion was unanimously
approved by the City Council.
RESOLUTION
24, 1992
Councilman Aldred made a motion to approve Resolution 24,
1992, setting forth those persons who are authorized to
sign and countersign City checks; seconded by Councilman
Kiselewski. The motion was unanimously approved by the
City Council.
MINISTRATION OF
The City Clerk administered the Oaths of Office to Joseph
Russo who was elected in the March 101 1992, General
Election; and Linda Monroe who was unopposed for the March
10, 1992, General Election, for three -year terms, to City
Council Groups 2 and 4, respectively.
CALL FOR BIDS
MICRO - PROCESSOR
ILTRATION
SYSTEM
Per the recommendation of the City Manager, Councilman
Kiselewski made a motion to approve awarding the bid for a
micro - processor controlled fully automated hyrate -sand
filtration system for the Municipal Pool to Commercial
Energy Specialists for $23,094 with monies to come from
CITY COUNCIL REGULAR MEETING, 3/19/92 PAGE 4
- Council Contingency; seconded by Councilman Aldred. The
motion was unanimously approved by the City Council.
PRESS BOXES The City Manager requested this item be postponed until
the 4/2/92 Regular Meeting as the bids received were too
high and additional time was needed to research the issue.
ITEMS BY THE
CITY MANAGER
LDR MEETING The City Manager reported the Council has received the
Engineer's report on concurrency for the 3/26/92 meeting.
Rich Walton requested direction from the Council re: the
Landscaping Code.
There was a consensus of the City Council to schedule
discussion of the Landscaping Code at 7:30 P.M. for the
Special Meeting of 3/26/92 and the discussion of
Concurrency Management will follow.
In response to Councilwoman Monroe, Rich Walton stated
members of the Landscape Committee have been notified of
the 3/26/92 meeting.
CHIEF FRAZIER The City Manager reported Chief Jack Frazier will be
retiring as Police Chief on 8/1/92.
Mayor Martino expressed, on behalf of the City Council,
their pleasure with Chief Frazier's service career with
the City in providing leadership.
Per a unanimous vote, the City Council accepted Chief
Frazier's resignation.
The City Manager recommended a selection firm to find a
,- new Police Chief, as they could do a proper background
CITY COUNCIL REGULAR MEETING, 3/19/92 PAGE 5
check on the applicants and the City would be able to get
the most qualified person. The firm would look at the
Police Department and other factors involved to determine
the required qualifications for a Police Chief.
In response to Councilman Kiselewski, the City Manager
stated the fees depend on the firm selected and the number
of applications received during the process. The City
Manager stated he would contact 3 or 4 different firms and
get a quote on fees.
The City Manager stated the City would not have to go out
for an RFP.
Councilman Russo questioned if the firm would suggest a
salary for the Police Chief and the City Manager stated
`✓ that would be discussed during the interview process.
Councilman Kiselewski made a motion for the City Manager
to begin looking at several selection firms; seconded by
Vice Mayor Russo. The motion was unanimously approved by
the City Council.
MILITARY TRAIL
AND PGA BLVD. The City Manager stated the widening along PGA Boulevard
and Military Trail will require additional right -of -way on
the north side of DiVosta's Shopping Center, Garden Square
Shops.
Amy Harris, Palm Beach County Engineering, addressed the
City Council stating the proposal previously presented was
that after the County takes the right -of -way, there will
be a green landscape strip approximately 2 1/2 feet wide
CITY COUNCIL REGULJNR MEETING, 3/19/92 PAGE 6
between PGA Boulevard and the parking lot. Ms. Harris
stated they have since looked at the opportunity they may
have in the parking lot. Ms. Harris stated tonight's
proposal is to take the curb back an additional 2 feet for
a 4 1/2 foot landscape strip. This would move back the
parking stalls, and make them an 18' spot, which was
previously proposed, and this will affect the driveway
behind the parking spaces. Ms. Harris explained the
diagram depicting the 5 islands as they now exist and how
the driveway will be affected by not moving those islands.
Ms. Harris stated there is approximately 22' of driving
area, and this is the proposal being presented tonight.
In response to Councilman Kiselewski, Ms. Harris stated
the landscaping would be done by DiVosta and Company who
would re- landscape the area with hedges and oak trees, as
presently exists on site. Chuck Hathaway stated they will
be losing approximately 5 to 10 feet of grass landscaping.
In response to Councilwoman Monroe, Ms. Harris stated the
diagram is not exact, as there are 9 parking spaces on the
west property line and 16 in each of the islands.
In response to Councilwoman Monroe, Ms. Harris stated they
tried to determine what would cause the least amount of
impact possible and that is why they worked with the curb
line only, which deals with just the 33 parking spaces on
PGA Blvd. If they remove part of the islands, they will
CITY COUNCIL REGULAR MEETING, 3/19/92
PAGE 7
be encountering irrigation and electrical problems which
will increase the costs to the County and the root balls
of the remaining trees in the islands would be disturbed.
Ms. Harris stated two parking spaces would be lost on the
west side of the parking lot.
Councilwoman Monroe expressed concern that a 4 1/2 foot
green space is less than anything else in Palm Beach
Gardens and if there are oak trees in this area, they will
not mature, and if they do, the cars will overhang 2 feet,
endangering the tree trunks.
In response to Councilman Kiselewski's suggestion to make
the parking spaces 91, double- striped, or 9 1/2 feet,
instead of 101, Mr. Hathaway stated all parking spaces are
10' because of a condition in Publix's lease, however,
they could ask Publix to reconsider. Councilman
Kiselewski stated he would like to see more landscaping
strip, whether the islands have to be moved back or not.
Ms. Harris stated she is proposing a 22' drive and
according to the required right of way for this area, they
need 251. This is an additional variance request being
brought before the Council.
Councilman Kiselewski suggested obtaining an extra 2' by
making the drive behind the 18' parking stalls 201.
In response to Councilman Kiselewski, Ms. Harris stated by
going to a 9 foot or a 9 1/2 foot parking space, only 1
parking space would be gained.
CITY COUNCIL REGULAR MEETING. 3/19/92 PAGE 8
In response to the Council, Mr. Hathaway stated the
landscaping will be just as it exists today. Mr.
Hathaway stated he will bring back a landscaping plan for
the Council to review.
In response to Councilman Kiselewski, Ms. Harris stated
the sidewalk will wrap around from PGA Boulevard and up
Military Trail to the Garden Lakes entrance. They are not
anticipating providing pedestrian access through the
landscaping.
In response to Councilman Aldred, Ms. Harris stated the
existing landscaping strip on the north /south access is
approximately 12 to 15 feet wide. After the installation
of the sidewalk, they will lose approximately 61.
Mr. Orr stated the funding is in from the County, the
MacArthur Foundation and the Regional Center at this time
and they have received the approval of the DOT.
After further discussion by the Council, there was a
consensus to allow a 20' driveway behind the parking
spaces fronting PGA Boulevard and to not disturb the
islands.
Vice Mayor Russo stated he would not vote for this as he
is uncomfortable with the 6 1/2' landscape area and is
concerned the trees would not grow in that small an area.
Councilwoman Monroe expressed concern that the tress
planted in a 6 1/2 foot landscape area would not mature as
they should.
CITY COUNCIL REGULAR MRRTING, 3/19/92
mr �.• f�.
PAGE 9
In response to Mayor Martino, Attorney Brant stated this
amendment to the PUD could be resolved by Resolution.
Councilman Kiselewski made a motion to direct staff to
prepare a Resolution for a minor modification to the
existing landscaping plan for the PUD, that the island
will vary in width to its length, being smaller on the
west end and larger on the east end by being increased the
additional 21, by dropping down the dimension between the
18' parking spaces and the island, and encourage the use
of a slightly smaller parking space to pick up some of the
parking that is lost; seconded by Councilman Aldred. The
motion was approved by a vote of 4 to 2 with Vice Mayor
Russo and Councilwoman Monroe voting nay for previously
stated reasons. The City Attorney was directed to prepare
a resolution for consideration of approval at the 4/2/92
Regular Meeting.
The Council directed Mr. Hathaway and Ms. Harris to
present a landscaping plan at the 4/2/92 Regular Meeting.
The Council requested a condition be included in the
resolution stating the existing caliper and height of the
trees removed and requiring like size of trees to be
installed.
COUNCILMAN RUSSO Vice Mayor Russo stated re: the Northlake Blvd and Ryder
Cup Blvd. traffic issue brought to the County's attention,
CITY COUNCIL REGULAR MEETING, 3/19192 PAGE 10
�. the County has reported they do not feel there is a
problem at the intersections and felt the speed should not
be lowered or a traffic light needed at this time. Vice
Mayor Russo requested copies of any documentation from
Eric Jablin regarding this issue.
Vice Mayor Russo stated he was concerned that this matter
will drag on and felt the City should immediately request
the County to take the right -of -way down to 60 feet.
Mr. Orr felt this would not be possible because it would
require going back through the DRI process.
Mayor Martino suggested a letter to the County thanking
them for their offer of cooperation and request the
numbers as soon as possible, mentioning the 60' right of
�-
Way.
COUNCILWOMAN
MUNROE Councilwoman Monroe stated she is concerned with the Winn
Dixie shopping center re: planters on each side of Winn
Dixie. Councilwoman Monroe stated she has not received an
answer as to why the planters were removed. Councilwoman
Monroe stated the planters are not where they were
approved and do not meet the intent of the approved site
plan and requested a report from staff re: how this
happened.
Mr. Orr stated there is not a complete set of plans on
this approval. The fare department got involved re: the
size of the original planters, stating they had to be
removed for safety factors.
CITY COUNCIL REGULAR MEETING, 3/19/92 PAGE 11
Mayor Martino requested Mr. Walton and Mr. Orr gather all
COUNCILMAN
KISELEW—M
TREASURE COAST
CONSENT AGENDA
drawings on this shopping center from day one and bring to
Council to determine what is there and what is not there.
Mayor Martino stated Attorney Brant will be involved in
this for legality issues.
Councilman Kiselewski stated the MPOAC has been working to
have the Advisory Committee changed to a rule making body.
This has passed the House and Senate and is awaiting the
Governor's signature. This would mean the MPO's will act
under one head and be able to set firm rules. The MPO
will determine what projects will be scheduled and this
will be relayed to the DOT. Councilman Kiselewski stated
he has been re- elected as the MPO Chairman and the State
Chairman.
The City Manager reported the Treasure Coast Regional
Planning Council staff was empowered by the Florida Board
of Regents to evaluate the 8 sites for the FAU campus and
have instead determined the PBCC Eissey Campus is the
appropriate site.
Per the recommendation of the City Manager, staff was
directed to attend the Treasure Coast meeting tomorrow
and, if needed, remind Treasure Coast of the concurrency
issue and the major impact this recommendation would have
on PGA Boulevard.
Councilwoman Monroe requested Item #3 be pulled from the
Consent Agenda.
CITY COUNCIL REGULAR MEETING, 3/19,/92 PAGE 12
Councilman Aldred suggested inserting "western" before
"access road" in Resolution 21, 1992 re: St. Mark's.
There was a consensus of the City Council to approve
Councilman Aldred's suggestion. Councilman Kiselewski
made a motion; seconded by Councilman Aldred, to approve
the following items on the Consent Agenda:
1. Approval of
2. Approval of
amended.
4. Resolution
conditional
5. Proclaiming
Day".
minutes of 2/20/92 Regular Meeting.
minutes of 3/5/92 Regular Meeting, as
21, 1992 - Approval of expansion of
use to allow a pavilion at St. Mark's.
March 12, 1992 as "Girl Scouts of America
The motion was unanimously carried by the Council.
RESOLUTIONS
RESOLUTIONS
�, 1992 Councilwoman Monroe requested Condition #1 from Resolution
20, 1992, be deleted as she felt it was the property
owners' responsibility to correct any code deficiencies.
After further discussion, there was a consensus of the
City Council to remove the condition in Resolution 20,
1992 and amend Section 1, after "structure" add "property
only ".
Councilman Kiselewski made a motion; seconded by
Councilman Aldred to approve Resolution 20, 1992, First
Union Drive -thru, as amended. The motion was unanimously
approved by the City Council.
ORDINANCES
ORDINANCE 5, 1992
,<DINANCE 7, 1992
CITY COUNCIL REGULAR MEETING. 3/19/92 PAGE 13
There was a consensus of the City Council to place
Ordinance 7, 1992, Minimum Housing Code, on first reading
on the 4/2/92 Regular Meeting Agenda and then schedule
Ordinance 5, 1992, (Newsrack Ordinance) and Ordinance 7,
1992 for a subsequent workshop.
ITEMS FOR
N
RESOLUTION 11.
Rich Walton, Director of Planning and Zoning, addressed
the City Council and stated at the last meeting there was
a disagreement regarding the signage on the towers located
at the Loehmann's Plaza.
Mayor Martino pointed out records reflect no
administrative errors, however the petitioner's vendor
'-` made the error causing the problems.
Vice Mayor Russo stated he was not happy with the whole
issue regarding the signage.
Councilman Kiselewski stated he felt, and Councilman
Aldred agreed, they should stick by what was originally
approved.
Mr. David Taylor, consultant to USAA, addressed the City
Council and stated they admit to the error on how the
signs got installed. Mr. Taylor stated he has asked the
sign contractor to hold off on permitting the other sign
until this issue is resolved. Mr. Taylor also stated that
when the sidewalk goes in, the irrigation line will go in.
There was a consensus of the City Council to amend
CITY COUNCIL REGULAR MEETING, 3119192
PAGE 14
Resolution 11, 1992 in Section 1 by adding "interior
facing" before "wall" and delete "which shall face the
interior of the shopping center" and add "as shown on the
approved drawings" after "aperture ".
Councilman Kiselewski made a motion to adopt Resolution
11, 1992, as amended; seconded by Councilwoman Monroe.
Resolution 11, 1992 will be scheduled on the Consent
Agenda for the 4/2/92 Regular Meeting at which time
Loehmann's will have the opportunity to report to the
Council if they agree with this compromise.
COUNCIL LIAISONS The following appointments as Council liaisons to various
advisory boards were agreed to by the City Council:
Mayor Martino- Planning & Zoning Commission, Municipal
League and Loxahatchee Council of Governments.
Vice Mayor Russo - Recreation Advisory Board.
Councilwoman Monroe -- Code Enforcement and Zoning Board of
Appeals.
Councilman Aldred - Merit Board.
Councilman Kiselewski - Art Advisory Committee and
Metropolitan Planning Organization.
ADJOURNMENT There being no further business to discuss, the meeting
was adjourned at 10:28 P.M.
CITY COUNCIL REGULAR MEETING. 3/19/92 PAGE 15
APPROVAL
C
Mayor Martino
d
Vic MI iyor Russo
jn�aa;
V. Kosier
City Clerk
Councilwoman Monroe
Courl-lman Kiselewski
Councilman Aldred
OATH OF OFFICE
CITY COUNCIL
CITY OF PALM BEACH GARDENS
I DO SOLEMNLY SWEAR THAT I WILL SUPPORT AND PROTECT AND DEFEND
THE CONSTITUTION AND GOVERNMENT OF THE UNITED ST,j- "ES AND OF THE
STATE OF FLORIDA AGAINST ALL ENEMIES, DOMESTIC OR FOREIGN, AND
THAT I WILL BEAR TRUE FAITH, LOYALTY AND ALLEGIANCE TO vHE SAME;
AND THAT I AM ENTITLED TO HOLD OFFICE UNDER THE CONSTJ`UTIUN OF
THE UNITED STATES AND THE CONSTITUTION AND LAWS OF THE STATE OF
FLORIDA, AND THAT I WILL FAITHFULLY PERFORM ALL THE DUTIES OF
OFFICE OF COUNCILMEMBER OF THE CITY OF PALM BEACH GARDENS, FLORIDA,
UPON WHICH I AM ABOUT TO ENTER, SO HELP ME GOD.
COUNCILWOMAN LINDA M. MONROE
T Y PUBLIC, STATE OF FLORIDA
LINDA V. KOSER
NotarY PubUC -State of " Orfdo
My �� O j 9 res
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OATH OF OFFICE
CITY COUNCIL
CITY OF PALM BEACH GARDENS
I DO SOLEMNLY SWEAR THAT I WILL SUPPORT AND PROTECT AND DEFEND
THE CONSTITUTION AND GOVERNMENT OF THE UNITED STATES AND OF THE
STATE OF FLORIDA AGAINST ALL ENEMIES, DOMESTIC OR FOREIGN, AND
THAT I WILL BEAR TRUE FAITH, LOYALTY AND ALLEGIANCE TO THE SAME;
AND THAT I AM ENTITLED TO HOLD OFFICE UNDER THE CONSTITUTION OF
THE UNITED STATES AND THE CONSTITUTION AND LAWS OF THE STATE OF
FLORIDA, AND THAT I WILL FAITHFULLY PERFORM ALL THE DUTIES OF
OFFICE OF COUNCILMEMBER OF THE CITY OF PALM BEACH GARDENS, FLORIDA,
UPON WHICH I AM ABOUT TO ENTER, SO HELP ME GOD.
I�OtAVY PUBLIC, STATE OF FLORIDA
_ . LINDA V. KOSiER
NdWY -S�a ��°
X994
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JOSEPH RUSSO