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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 Mo49 AA75M4 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 AA7 JOSEPH RUSSO