HomeMy WebLinkAboutMinutes Council 121792V
CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
DECEMBER 17, 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 Deputy City Clerk called the roll and present were Mayor
Martino, Vice Mayor Russo, Councilwoman Monroe, Councilman
Jablin and Councilwoman Furtado.
REORDER AGENDA Per a consensus of the City Council, Mayor Martino stated
the EMS proposal discussion item will be brought up under
Items by the Mayor and Council.
j,- TINOUNCEMENTS The Mayor stated the announcements were as posted on the
City's Bulletin Boards.
PRESENTATIONS
WASTE MANAGEMENT Mr. Doug McCoy, Assistant General Manager of Waste
Management of Palm Beach, addressed the City Council
stating, in the spirit of the holidays, they are donating to
the City Council and residents, 2 park benches made of
recycled plastic.
CONSENT AGENDA Councilwoman Monroe requested Item #3, Resolution 119, 1992,
be pulled from the Consent Agenda.
Per a unanimous vote of the City Council, the following
items on the Consent Agenda were approved:
1. Approval of Minutes of Regular Meeting of 12/3/92.
-- 2. Approval of Minutes of Special Regular Meeting of
CITY COUNCIL REGULAR MEETING, 12/17/92 PAGE 2
12/10/92, as amended.
4. Approval of amendments to Resolutions 100 and 108, 1992,
as approved at the Regular Meeting of 12/3/92.
RESOLUTION
119, After discussion on various items of the contract, Vice
Mayor Russo made a motion, seconded by Councilman Jablin, to
approve Resolution 119, 1992, authorizing the Mayor and City
Clerk to execute an Agreement between the City and the PBA
for the 1992/1993 and 1993/1994 Fiscal Years, pertaining to
Police Sergeants, Police Officers and Police Dispatchers
employed by the City. The motion was unanimously approved
by the City Council.
ITEMS BY THE
CITY MANAGER
T'1NDSCAPING PLAN
LITAR After a brief discussion, Councilwoman Monroe made a motion,
seconded by Vice Mayor Russo, authorizing the City Manager
and staff to proceed to advertise for quotes for
improvements of the landscaping along Military Trail,
between Northlake Boulevard and PGA Boulevard, as detailed
in the plans provided by the Planning and Zoning Department.
The motion was unanimously approved by the City Council.
PUD EXPIRATION
POLICY Upon the recommendation of the City Manager, there was a
consensus of the City Council directing the City Attorney to
prepare a Resolution for the 1/7/93 Consent Agenda, setting
forth as a policy statement, the recommendations of staff
re: PUD expiration policy, contained in Bristol Ellington's
memorandum dated 12/15/92.
CITY COUNCIL REGULAR MEETING, 12117/92 PAGE 3
"BLIX SITE PLAN Upon the recommendation of the City Manager, Councilwoman
Monroe made a motion, seconded by Councilwoman Furtado,
authorizing the City to issue a CO for the Publix located in
Garden Towne Square based on the landscaping for all lands,
except the Shoney's property, with a stipulation the City
have a document on file stating the developer will provide
the landscaping on Shoney's property, if and when an
agreement is reached with Shoney's.
The motion was unanimously approved by the City Council.
ITEMS BY THE
MAYOR AND
MAYOR MARTINO Mayor Martino stated, based on the County Commissioners 6 -1
vote to proceed with a transmittal for the removal of Jog
Road from the County's Thoroughfare Improvement Plan, the
motion included a requirement that an Interlocal Agreement
between the County and the City of Palm Beach Gardens be
executed. Mayor Martino stated included in the package was
a draft of an Interlocal Agreement prepared by staff for
consideration by the County Commissioners.
After discussion by Council, there was a consensus of the
City Council, to delete the word "appropriate" on page 2,
third line from the bottom.
Councilwoman Monroe made a motion to delete the sixth
"Whereas" on page one. The motion died for lack of a
second.
Vice Mayor Russo made a motion, seconded by Councilman
CITY COUNCIL REGULAR MEETING, 12/17/92 PAGE 4
Jablin, to embrace the Interlocal Agreement as the policy
EMS PROPOSAL
and position of the City of Palm Beach Gardens with the
authorization to present the Interlocal Agreement to the
Palm Beach County Commissioners for their consideration.
Councilwoman Monroe stated, as noted last week, it was
unconscionable that the Council was addressing this issue
for the more affluent community to the possible detriment of
the less affluent community to the east and should be
addressing all the roadways at one time rather than
eliminating some opportunities.
The motion was approved by a vote of 4 ayes and 1 nay. The
nay vote was cast by Councilwoman Monroe for reasons
previously stated.
In response to Councilwoman Furtado, Mayor Martino stated a
discussion on a charrette will be scheduled on the next
agenda.
Councilman Jablin made a motion, seconded by Councilwoman
Furtado, to authorize the Mayor to execute the Interlocal
Agreement should the County Commissioners approve same. The
motion was approved by a vote of 4 ayes and 1 nay. The nay
vote was cast by Councilwoman Monroe for reasons previously
stated.
Chief Edward Arrants of Palm Beach Gardens and Chief Herman
Brice of Palm Beach County, addressed the City Council and
presented a "bridge" plan for the City and County to combine
talents and utilize existing facilities and equipment to
CITY COUNCIL REGULAR MEETING, 12/17/92 PAGE 5
provide EMS service to the City. This plan would allow the
City to become the sole provider for EMS service by January,
1995. At that time, the City would be eligible for mutual
aid with the County and the City and County would be able to
utilize closer facilities to provide improved service to
City and County residents. After further discussion, Vice
Mayor Russo made a motion, seconded by Councilwoman Furtado,
to instruct staff to prepare an Interlocal Agreement for
Council consideration based on the discussion re: proposed
bridge plan and associated costs. The motion was
unanimously approved by the City Council.
COUNCILMAN
JABLIN In response to Councilman Jablin's concern regarding the
landfill located within BallenIsles, Councilwoman Furtado
reported the parties involved are actively working on the
situation at this time.
COUNCILWOMAN
FURTADO In response to Councilwoman Furtado's concern regarding
part -time employees not being paid a holiday bonus, there
was a consensus of the City Council to discuss this issue at
budget time.
COUNCILWOMAN
MONROE Councilwoman Monroe stated she would like to get a head
start on setting up a planning forum for northern Palm Beach
County. She proposed a steering committee, composed of 2
representatives of various local governments, possibly
including a local official and staff member, from
municipalities in north county, i.e., Jupiter, Juno Beach,
CITY COUNCIL REGULAR MEETING, 12/17/92 PAGE 6
Palm Beach Gardens, unincorporated Palm Beach County,
Riviera Beach, Lake Park, North Palm Beach, Treasure Coast
Regional Planning Council, FAU /FIU Joint Center for
Environmental and Urban Problems, and the Northwest
Coalition to propose recommendations for the governments to
look at re: forum, topics, public involvement, educational
speakers, literature, funding mechanisms. Councilwoman
Monroe requested staff contact these governments and set up
an initial meeting and then prepare a calendar to work
through this process by the end of April or first of May.
Mayor Martino stated Palm Beach County has already performed
an Urban Form Study and felt this was the correct forum
process and the Council should pursue this avenue. Mayor
Martino stated he was not opposed or objecting, however, was
suggesting the Council look at the studies already
performed.
Councilwoman Monroe made a motion, seconded by Councilwoman
Furtado, authorizing staff to contact the above mentioned
entities and begin the process of creating a steering
committee and look at planning options for northern Palm
Beach County, i.e., formats, time frame, financial
opportunities and return to Council as quickly as possible
with a proposal. The motion was approved by a vote of 4
ayes and 1 nay. The nay vote was cast by Mayor Martino for
reasons previously stated.
CITY COUNCIL REGULAR MEETING, 12/17/92
COMMENTS FROM
THE PUBLIC
PAGE 7
MILTON STERN
Dr. Milton, Stern, 24 Cayman Place, addressed the City
Council re: requirement of an Interlocal Agreement regarding
Jog Road by the County.
SAM CARSILLO
Mr. Sam Carsillo, 10053 Dahlia Avenue, addressed the City
Council, re: Holly Drive, T.V. Cable, Resolution on in-
store discounts, reflectors on streets by fire hydrants.
JIM DELONGA
Mr. Jim DeLonga, 13 Glengary Road, addressed the City
Council re: putting on agenda what is actually meant; moving
Items by Mayor and Council to end of agenda; and, allowing
residents to speak under Comments from the Public and moving
non - residents' comments to the end of the meeting.
BLIC HEARINGS
RESOLUTION
1992
Mayor Martino declared the Public Hearing open, which was
duly advertised on 12/2/92, and held on the intent of
Resolution 115, 1992, Granting a conditional use and
distance variance in CG -1 Zoning District to allow the
retail sale of beer and wine for on- premise consumption at
C.R. Chicks Restaurant, located within the Garden Towne
Square. There being no comments from the public, Mayor
Martino declared the Public Hearing closed.
Councilwoman Monroe made a motion, seconded by Vice Mayor
Russo, to approve Resolution 115, 1992. The motion was
unanimously approved by the City Council.
DINANCE
�� Rich Walton, Director of Planning and Zoning, addressed the
CITY COUNCIL REGULAR MEETING, 12/17/92 PAGE 8
V City Council stating the Petitioner had supplied the
required traffic analysis and Kahart Pinder had reviewed the
analysis, indicating the project complied with the
Countywide Traffic Performance Standards Code.
Mayor Martino declared the Public Hearing open, which was
duly advertised 12/2/92, and held on the intent of Ordinance
26, 1992, Amending Ordinance 21, 1989, which created
"Prosperity Corporate Plaza" PUD, by providing for a two
year time extension.
Per a consensus of the City Council, the Deputy City Clerk
read, by title only, on second and final reading, Ordinance
26, 1992.
Vice Mayor Russo made a motion, seconded by Councilman
Jablin, to adopt Ordinance 26, 1992.
Councilwoman Monroe stated, as previously commented, she did
not like the project the first time and did not see any
reason for the time extension.
The motion was approved by a vote of 3 ayes and 1 nay.
Councilwoman Monroe cast the nay vote for reasons previously
stated and Councilwoman Furtado was absent at the time of
the vote.
ORDINANCE
2 Mayor Martino declared the Public Hearing open, which was
duly advertised 12/2/92, and held on the intent of Ordinance
27, 1992, Rezoning a parcel of land located north of Lilac
Street (Seacoast) from RM Residential Medium Zoning District
to GU Governmental Use Zoning District.
CITY COUNCIL REGULAR MEETING, 12/17/92 PAGE 9
In response to Councilwoman Monroe, Mr. Walton stated
Seacoast stated this would not create any more noise than
what exist today. Mr. Walton stated, per the recommendation
of the Planning and Zoning Commission, Seacoast was
proposing to build a higher wall than required and provide
more trees and landscaping.
There being no further comments from the public, Mayor
Martino declared the Public Hearing closed.
Per a unanimous vote of the City Council, the Deputy City
Clerk read, by title only, on second and final reading,
Ordinance 27, 1992.
Councilwoman Monroe made a motion, seconded by Vice Mayor
Russo, to adopt Ordinance 27, 1992. The motion was
unanimously approved by the City Council.
RESOLUTION
89, 1992 Mayor Martino declared the Public Hearing, recessed at the
City Council Regular Meeting of 11/5/92, regarding
Resolution 89, 1992, Amendment to Development Order for PGA
National Resort Community, DRI, requiring conveyance of r-
o-w to Palm Beach County for use as a public thoroughfare;
reduce density; and requiring revised master plan within one
year, was reconvened.
Mr. Walton stated the Public Hearing was to determine what
the Petitioner was proposing was not a substantial deviation
from the approved DRI.
George deGuardiola, representing PGA National, addressed the
City Council and proposed amendments to Resolution 89, 1992
CITY COUNCIL REGULAR MEETING, 12/17/92 PAGE 10
for consideration by Council.
After further discussion and per a consensus of the City
Council, the following amendments were made to Resolution
89, 1992:
1. Page 2, first line, delete "al" from "Condition ".
2. Page 2, A 7.f.2.b., insert "by fifty (50) percent"
after "TAZ 848".
3. Page 2, B.16.a., insert "Upon the effective date of the
last official action described in Condition 7.f.2,
above," in front of "The development ".
4. Page 2, B.17.a., insert "No later than" and delete
"Within" in front of "six (6) ".
5. Page 2, B.17.a., insert "the effective date of the last
official action described in Condition 7.f. 2, above,"
in front of "the developer ", and delete "adoption of
this resolution," in front of "the developer ".
There being no further comments from the public, Mayor
Martino declared the Public Hearing closed.
Vice Mayor Russo made a motion, seconded by Councilman
Jablin, to modify Resolution 89, 1992, with language as
enunciated during the Public Hearing. The motion was
unanimously approved by the City Council.
Per a consensus of the City Council, the Deputy City Clerk
read, by title only, Resolution 89, 1992.
Vice Mayor Russo made a motion, seconded by Councilman
Jablin, to approve Resolution 89, 1992 and requested the
Deputy City Clerk to read by title only. The motion was
approved by the City Council with a vote of 4 ayes and 1
nay. The nay vote was cast by Councilwoman Monroe for
reasons previously stated.
CITY COUNCIL REGULAR MEETING, 12/17/92 PAGE 11
xve,SOLUTIONS
RESOLUTION
110, 1992 Mr. Walton stated Petitioner was requesting to amend the
approved side screen enclosure setback from 5' to 01. The
Petitioner indicated the request to amend the setback for
the screen enclosure was inadvertently not included in the
previous PUD amendment application. A majority of the
existing residents had indicated they were not in favor of
having the adjacent property owner's screen enclosure
affixed to their walls. The Petitioner had requested the
BallenIsles New Construction Committee administratively
enforce the original 5' side screen setback on the lots of
all existing homeowners and for the lots adjacent to their
zero lot line. walls. Amending the side setback for the
entire PUD allows for future installation of screen
enclosures on any lot without the requirement of amending
the PUD. Mr. Walton stated staff had expressed concern with
enforcement of this amendment.
Raymond Royce, attorney for Petitioner, addressed the City
Council stating the Petitioner agreed to include a hold
harmless clause in the Resolution to protect the City,
should a building permit be issued by mistake. Attorney
Royce stated Petitioner would agree to amend the site plan
to indicate Lots 1 -3, inclusive, 6 -11 inclusive, 13 -16
inclusive and lots 18, 19, 21 and 22, will maintain the
established 5' side yard setback requirement.
-- After further discussion, there was a consensus of the City
CITY COUNCIL REGULAR MEETING, 12/17/92
PAGE 12
Council directing staff to amend Resolution 110, 1992, per
Council's direction, and place on the Consent Agenda for the
1/7/93 Regular Meeting.
RESOLUTION
116, 1992 Mr. Walton stated Seacoast Utility Authority was requesting
site plan approval for the construction of a raw water
storage tank, transfer pumps, high service pumps, a chlorine
building and a motor control building at the existing Lilac
Street Water Treatment Plan.
After further discussion, there was a consensus of the City
Council to include an additional condition at the end of
Section 1, to read as follows: "A CBS wall with stucco
cover, 30' in length and 10' in height, shall be constructed
on the south side of the transfer pump station as shown on
the above described Site Plan."
Councilwoman Monroe made a motion, seconded by Councilwoman
Furtado, to approve Resolution 116, 1992, as amended. The
motion was approved by a vote of 4 ayes. Mayor Martino was
absent at the time of the vote.
RESOLUTION
117, 1992 Attorney Brant stated the Petitioner, in addition to the
driving range, will also have a miniature golf putting
course. Attorney Brant stated this approval would terminate
upon termination of the lease or when improvements of the
Congress Avenue Exchange in Lake Park was constructed and
Petitioner should have legal access thereto. Attorney Brant
stated also included in Resolution 117, 1992, was a
CITY COUNCIL REGULAR MEETING, 12/17/92 PAGE 13
- condition stating the lease agreement shall cover the right-
of -way together with the area supporting the sign to be
approved under the Palm Beach Gardens Code.
Tim Hanlon, representing Petitioner, addressed the City
Council requesting amendments to Section 2, 1., 3rd line, as
follows, insert "the first to occur of either a)" in front
of "termination" and insert "b)" in front of "when" in the
4th line.
After further discussion, Petitioner was directed to provide
the City Attorney with the documentation of the dedicated
easement agreement re: location of sign.
Per a consensus of the City Council, Resolution 117, 1992,
approval for access signage for Pop's Golf Range, shall be
placed on Consent Agenda for the 1/7/93 Regular Council
meeting, to include the amended language proposed by
Petitioner, providing the Petitioner provides the City
Attorney with the required documentation, and the site plan
amended to show 1 proposed sign.
RESOLUTION
Mr. Walton stated Petitioner was requesting to add "Qualtec"
to the existing ground sign and relocate the Golden Bear
logo from Building I to Building III and place a new
"Qualtec" logo on Building I.
The City Manager stated he felt the intent of allowing the
original Golden Bear logo was to identify the project as a
whole and felt the Petitioner's request was different from
the original intent of the Council allowing the sign under
CITY COUNCIL REGULAR MEETING, 12 /17/92 PAGE 14
the PUD on the top of the building, which would normally be
in violation of the Sign Code.
David Shaw, representative of Petitioner, addressed the City
Council and reviewed the site plan of the project,
indicating the sign locations. Mr. Shaw stated the signage
approved for MidLantic, which was never installed, would not
be needed. Mr. Shaw stated the "Qualtec" logo, if approved,
would be gold, same as the Golden Bear logo.
Per a consensus of the City Council, Petitioner was to
revise the site plan for accuracy and provide staff with
color samples of the proposed logo. Resolution 118, 1992
will be scheduled for the 1/7/93 Regular City Council
meeting.
In response to Mayor Martino, Mr. Shaw stated he would
review the installation of antennas on the roof of the PUD.
ITEMS FOR
Tl 0/1TTQQTnXT
CARMINE'S Mr. Walton stated Petitioner was requesting a conditional
use in the CG -1, General Commercial zoning district, to
allow for a 2COP alcoholic beverage license at Carmine's
Gourmet Market located in the Harbor Shop shopping center.
The 2COP license would allow for the sale and service of
beer and wine for on--premise consumption. The Petitioner
was also requesting a variance to the City's Code
Requirement that alcoholic beverage vendors be separated by
750 feet. Mr. Walton stated the Planning and Zoning
Commission recommended approval 4 - 1 with no conditions
CITY COUNCIL REGULAR MEETING, 12/17/92 PAGE 15
regarding the conditional use and 1 condition regarding the
variance, stating at least 51% of its gross revenue shall
derive from the sale of food and non - alcoholic beverages.
In response to Vice Mayor Russo, Carmine Giardini, stated
Carmine's was approved as a gourmet market and restaurant.
In response to Mayor Martino, staff stated a public hearing
had been advertised for the 1/7/93 Regular Council meeting.
Per a consensus of the Council, staff was directed to
prepare a Resolution for the 1/7/93 Regular Council meeting
for consideration of approval.
CORDANI PROPERTY
REZONING (25%
ODE) Mr. Walton stated staff had reviewed additional information
provided by Petitioner as a result of staff and Council
�. recommendations at the 11/5/92 Council meeting. Mr. Walton
stated staff felt the proposed environmental preservation
areas (both wetland and upland) were capable of serving as a
functional ecosystem.
Kim Glas, planner, reviewed for Council the overall
preservation plan, in relation to the County's wildlife
corridor plan.
Jim Schnelle, environmental consultant, addressed the City
Council and reviewed his report on this site and subsequent
recommendations.
Gary Brandenburg, representing Mr. Cordani, addressed the
City Council and reviewed the history of the project.
Attorney Brandenburg stated of the 734 acres, 567 acres will
CITY COUNCIL REGULAR MEETING, 12/17/92
PAGE 16
�- be preserved wetlands, uplands or open space. Attorney
Brandenburg reviewed the proposed set aside acreage as
compared to the requirements of the Environmental Ordinance.
Attorney Brandenburg stated the County had identified this
site as part of Ecosite 109 and have a renewed interest in
acquisition. Attorney Brandenburg stated Mr. Cordani's
desire was to build a first class golf course and wished to
proceed with that desire as quickly as possible.
Councilwoman Monroe stated she felt it was premature in
developing this far west at this time.
Councilwoman Furtado and Councilman Jablin expressed the
same feelings as Councilwoman Monroe.
Vice Mayor Russo made a motion, seconded by Councilwoman
Monroe, to allow the Petitioner to proceed through the
Planning and Zoning process. The motion was unanimously
approved by the City Council.
CITY MANAGER
EVALUATION After discussion by the Council, there was a consensus to
further discuss the process used by Lake Park and Lakeland,
and any additional information obtained by any council
member, at the 1/7/93 Regular Council meeting.
COUNCIL MEETING
EW There was consensus of the City Council directing staff to
prepare an ordinance to amend Chapter 30 of the Palm Beach
Gardens Code for consideration of first reading at the
1/7/93 Regular Council meeting. The Ordinance will amend
the City's Code to establish the City Council meetings will
CITY COUNCIL REGULAR MEETING, 12/17/92
PAGE 17
begin at 8:00 P.M. and end at midnight, with the option of
extending the meeting an additional 15 minutes, if
necessary. The Ordinance will also provide for one Workshop
meeting per month and prescribe to Robert's Rules of Order.
There was also a consensus of the Council to have staff
available at the Council meetings at 7:30 p.m. to review any
concerns by Council prior to the beginning of the meeting.
ADJOURNMENT There being no further business to discuss, the meeting was
adjourned at 12:50 A.M.
APPROVAL
MAYOR MAPT t COUNCILWOMAN MONROE
r
R
Vim LMAY'OR RUSSQ COUNCILMAN JABLIN
COUNCILWOMAN FURTADO ^
ATTEST:
EXA M. RIEF, DEPUTY CITY CLERK