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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