HomeMy WebLinkAboutMinutes Council 050792'POT,T, CAT,T,
ANNOUNCEMENTS
PRESENTATIONS
V
CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
MAY 7, 1992
The Regular Meeting of the City Council of the City of Palm
Beach Gardens, Florida, was called to order at 5:00 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.
The City Clerk called the roll and present were Mayor
Martino, Vice Mayor Russo, Councilman Aldred, Councilwoman
Monroe and Councilman Kiselewski.
Mayor Martino stated the announcements were as posted on the
Bulletin Boards.
PROJECT GRADUATION Ms. Patti Payne, Vice President of Project Graduation for
Palm Beach Gardens Community High School, along with Shannon
Puath, addressed the City Council requesting a donation
toward Project Graduation.
Councilman Kiselewski made a motion, seconded by
Councilwoman Monroe, to donate $4,000 to the Palm Beach
Gardens Community High School Project Graduation, with
monies to come from Council Contingency. The motion was
unanimously approved by the City Council.
PRESENTATION BY
YIRE DEPARTMENT Mark Wall and Pat Licata of Palm Beach Gardens Fire
Department, Inc. presented the keys to a new fire utility
CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 2
truck to the City Council. Expressing their appreciation,
the City Council took a 5 minute break was taken to inspect
the truck.
ITEMS BY THE
CITY MANAGER
AGREEMENT FOR THE
NORTHLAKE BLVD. The City Manager stated the Council was provided a copy of
the Joint Project Agreement between Palm Beach County; Palm
Beach Gardens; Northern Palm Beach Water Control District;
PGA National Venture, LTD and Ibis Landing Venture, Ltd. for
improvements to Northlake Boulevard The City Manager
stated this Agreement is being handled by the Northern Palm
`✓ Beach Water Control District and the City's part in the
Agreement is per Section 5, the roadway from the Florida
Turnpike to Military Trail. The City Manager stated the
monies collected by the City, under the DRI for PGA
National, was approximately $110.00 per unit, and there is
approximately $500,000 in the account. The City Manager
stated the Agreement indicates when the contract is let for
Section 5 on Northlake Boulevard, the City will give
Northern Palm Beach County Water Control District the funds
or, Northern Palm Beach County Water Control District cannot
do the project, the City will give the funds to Palm Beach
County once they have let the contract.
In response to Councilman Kiselewski, the City Manager
CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 3
stated $500,000 is the maximum exposure to the City and
stated the portion of roadway west of the Florida Turnpike
is ready to go out for bids. The City Manager stated the
roadway from Ibis Boulevard to CSX Railroad is already under
construction.
In response to Councilwoman Monroe, the City Manager stated
the $110.00 per unit was established for the roadways
associated with PGA National. The City Manager stated PGA
National constructed PGA Boulevard and these funds could be
either be given to the County or the City could dictate
their use on Northlake Boulevard. The City Manager stated
the County is now collecting these monies under the Impact
Fee Ordinance.
Councilman Kiselewski made a motion, seconded by
Councilwoman Monroe, to authorize the Mayor and City Clerk
to execute the Agreement. The motion was unanimously
approved by the City Council.
ENVIRONMENTAL
CONSULTANT The City Manager stated staff has reviewed the fourteen
letters of interest opened at the Regular Meeting of April
16, 1992, for an Environmental Consultant. The City Manager
stated staff is recommending Environmental Management and
Engineering be selected as the City's primary Environmental
Consultant and Applied Technology & Management be selected
as an alternate or stand-in consulting firm. The City
Manager stated one reason Environmental Management and
CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 4
Engineering has been recommended is they have done work for
Jupiter and West Palm Beach and many other governmental
agencies. This firm is well aware of the environmental
impact and concerns and they have a good working
relationship with DCA and DERM.
After further discussion, Councilman Kiselewski made a
motion authorizing the City Manager to negotiate with
Environmental Management and Engineering re: agreement for
services and to negotiate with a consulting firm for the
backup role, seconded by Councilwoman Monroe. The motion
was unanimously approved by the City Council.
DCA COUNTY
COMPREHENSIVE PLAN The City Manager stated staff is requesting direction on
proceeding with the objections to the County's Comprehensive
Plan Amendment. The City Manager stated the City has
responded to Treasure Coast and DCA relative to the City's
concerns and also responded to the County, but have not
received the proper information from the County. The City
Manager stated this has to do with the amendments re:
traffic and residential exceptions. The City Manager stated
the DCA has turned down the amendment a couple of times and
the City has filed an objection, but now the City needs to
continue making its objections known to DCA and Treasure
Coast or stop and allow the DCA and the County to work it
out. The City Manager stated if left to DCA and the County,
DCA might not be as forceful in applying the Rules of 9J-7.
CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 5
In response to Mayor Martino, Attorney Brant stated this has
not yet gone to Administrative Hearing, as it was
rescheduled until August. Attorney Brant stated he has been
served interrogatories by the County. Attorney Brant stated
he has requested a 30 day extension and the County is
requesting to know who the City's expert is, what the
expert's opinion is as to the City's objections, etc.
Attorney Brant stated he has contacted one expert, however,
the expert felt there would be a conflict of interest.
Attorney Brant stated his time is about to run out and if
the Council would like to go forward, he needs an expert
appointed by the City Manager to assist in answering the
interrogatories. Attorney Brant stated if he does not
answer the interrogatories and produce the expert to state
the position of the City, the County could file a Motion to
Strike the City's pleadings. Attorney Brant stated he
either needed authorization to go forward or to withdraw the
intervention. After further discussion, Councilman
Kiselewski made a motion authorizing the City Attorney to
retain the proper expertise to make sure the City's
objections are heard by DCA and the Regional Planning
Council; seconded by Councilman Aldred. Councilwoman Monroe
stated she will not be voting in favor of this as she is
concerned by the proceedings, feeling the City is telling
the residents we want more traffic in Palm Beach Gardens and
does not feel that is what the residents want. It was
CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 6
pointed out by Councilman Kiselewski that a vote against
this was a vote against defending our Comprehensive Plan
which is already approved. 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.
REPORTS BY THE MAYOR
AND COUNCIL
Councilman Aldred Councilman Aldred stated he had a conversation with Mr.
Benowitz, Tuesday, after the Merit Board Meeting and
approximately one month ago he requested amending the
Environmental Ordinance to prohibit roadways through
environmentally sensitive lands unless there were no other
alternatives. Councilman Aldred suggested moving swiftly on
this amendment because immediately south of Ryder Cup is an
area in the City that is environmentally sensitive and could
be some help in ensuring that Jog Road is cut off from the
south.
COUNCILMAN
KISELEWSKI Councilman Kiselewski reported testifying in Tallahassee
before a committee which is evaluating various governmental
entities to determine if there should be Regional
Governments, disband certain entities,i.e. RPC and MPO's.
Councilman Kiselewski reported Regional Planning Councils
are up for sunsetting and are trying to justify their
existence.
Councilman Kiselewski referencing Linda Erbacher's report
CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 7
regarding the library system, stated he felt there was an
opportunity to do something for the City. Councilman
Kiselewski requested setting this up as an agenda item
within the next month to get direction.
Mayor Martino stated this will be one of the Thursday
workshop items.
COUNCILWOMAN
Councilwoman Monroe reported she also received comments
regarding the paving at Garden Lakes and has spoken to the
City Manager regarding the notice distributed to residents.
Councilwoman Monroe felt more informative and earlier
notices could be provided to residents.
In response to Councilwoman Monroe, the City Manager stated
there is a standard notice which is given to the residents,
however, the City could require the company provide 2
notices, 1 two days before and the 2nd right before they
begin the work.
Councilwoman Monroe suggested appointing a temporary
committee, with each member of the Council appointing one
person, to examine written comments from individuals
regarding the quality of service, response time, etc. of
Inter -City. A copy of their report would be forwarded to
the Executive Director of the organization, the City Manager
and the President of their group.
There was a consensus of the Council for Councilwoman Monroe
to put her ideas in writing for the Council's consideration.
CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE $
VICE MAYOR RUSSO Vice Mayor Russo stated he was not going to pursue the
paramedic training of our fire personnel at this time, as
there was a consensus of the Council to not do so.
Vice Mayor Russo stated the newsletter has Councilman
Aldred's phone number listed under his name.
In response to Vice Mayor Russo, the City Manager stated re:
the Justice Department coming to the City, everything is in
proper order and has been turned over to the legal staff.
The City Manager stated the EEOC report is sent out every
year and the Justice Department is coming down to Florida
from Washington to review our EEOC report. The City
Manager stated anything they require is available.
In response to Vice Mayor Russo, the City Manager stated
there is a draft of the Impact Fee Ordinance for the City
Council to review.
Vice Mayor Russo reported attending the County Land Planning
Agency meeting Monday because Jog Road was on the agenda.
Vice Mayor Russo stated the County wants to deal with all of
north county at the same time, i.e. Jog Road, State Road 7,
and an interchange for the Florida Turnpike. Vice Mayor
Russo reported that he stated Palm Beach Gardens will
cooperate with and look at anything that will make north
county a better place to live. Vice Mayor Russo stated the
County's target date to transmit their amendments is
October. Vice Mayor Russo reported the County stated the
w City increased the density in the Briger annexation,
CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 9
however, staff has confirmed the density is 4 to 5 units per
acre as opposed to the County's records indicating 7 - 9
units per acre.
Mayor Martino stated the City of Palm Beach Gardens has
always been a cooperative governmental agency, responding to
any and all commitments, any and all requests and anytime a
discussion item concerning the City of Palm Beach Gardens in
a Public Hearing and/or is necessitated, it is responded to
either by the City Council, Mayor or staff.
Vice Mayor Russo reported there is a major parking problem
at the Lake Catherine ballfields.
Bobbie Herakovich, Parks and Recreation Department Director,
addressed the City Council re: parking at Lake Catherine.
Mrs. Herakovich stated there are 4 fields with 8 teams
playing at the same time and there is not enough parking
spaces to accommodate all cars. Mrs. Herakovich requested
the Council's permission to proceed with formalizing the use
of the MacArthur Foundation property south of the park.
Mrs. Herakovich stated the Public Works Department could put
in a curb cut and a gate and fence at the south end of the
field, and this area could accommodate 45 to 50 cars. Mrs.
Herakovich suggested a study of the use of the park during
the off season and report back to Council with
recommendations. There was a consensus of the City Council
for the City to proceed with an agreement with the MacArthur
�- Foundation to use the property south of the ballfields.
CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 10
In response to Councilman Kiselewski, Mrs. Herakovich stated
she will include an article in the next resident's
newsletter stating residents can utilize the parking lot at
Howell Watkins Elementary School.
Vice Mayor Russo suggested recognizing the fine job the YAA
has done over the last several years. It was a consensus of
the City Council to plan an award in the future.
COMMENTS FROM
THE PQBLIC
DAVID PANIA David Pania, Palm Beach Gardens Association, addressed the
City Council expressing his concern that the Fire Department
does not answer medical emergencies as first responder and
the need for an Emergency Medical Commission.
CATHERINE DWORE Catherine Dwore, Caloosa, addressed the City Council
expressing concern over the allowed density in the recently
annexed MacArthur Foundation property in western Palm Beach
Gardens.
JEFFREY BURK Jeffrey Burk, President Jupiter Rural Residents Association,
addressed the City Council expressing concern with the
allowed density in the recently annexed MacArthur Foundation
property in western Palm Beach Gardens.
MICHAEL DANCHECK Michael Dancheck, Palm Beach Country Estates, addressed the
City Council expressing concern with the allowed density in
the recently annexed MacArthur Foundation property in
western Palm Beach Gardens.
N EAGLE Dan Eagle, Palm Beach Gardens, addressed the City Council
CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 11
expressing concern over the parking problems at the Lake
Catherine ballfields. In response to Mr. Eagle, the City
Council stated donations to YAA Softball Teams is budgeted
and requests should go through the City Manager.
TOM CELANTANO Tom Celantano, Palm Beach Gardens Association, addressed the
City Council regarding the speed limit and there being no
disabled vehicle lane on Military Trail.
LINDA ERBACHER Linda Erbacher addressed the City Council expressing her
gratitude for the Council supporting the tuition
reimbursement program.
CONSENT AGENDA Councilman Kiselewski made a motion, seconded by Vice Mayor
Russo, to approve the following item on the Consent Agenda:
1. Approval of Minutes of 4/16/92 Regular Council Meeting,
as amended.
The motion was unanimously approved by the City Council.
RESOLUTION
37, 199T --After discussion, Councilwoman Monroe made a motion,
seconded by Councilman Kiselewski, to approve Resolution 37,
1992, Approval of Northern Area Mutual Aid
Consortium/Police. The motion was unanimously approved by
the City Council.
RESOLUTION
After discussion, Councilman Kiselewski made a motion,
seconded by Councilwoman Monroe, to approved Resolution 39,
1992, Supporting the concept of Amtrak Service from
Jacksonville to Miami along the Florida East Coast Railway
Corridor. The motion was unanimously approved by the City
Council.
PUBLIC HEARINGS
CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 12
RESOLUTION
Mayor Martino declared the Public Hearing open, which was
ORDINANCES 8, 9,
-LUr r T977 --
duly advertised 4/22/90 and held on the intent of Resolution
36, 1992, approval of extension of time for completion of
project for Gardens Medical Park PUD.
Mrs. Anna Maria Scheller, Petitioner, addressed the City
Council stating she did not have any problems with the
conditions, however, she would like to know what the
appraisal amount is on the 156 square feet of land she is to
donate to the City.
The City Manager stated this property was not appraised as
the City was asking the Petitioner to donate the property.
There being no further comments from the public, Mayor
Martino declared the Public Hearing closed.
Per a unanimous vote of the City Council, the City Attorney
read Resolution 36, 1992 by title only. Councilman
Kiselewski made a motion to approve Resolution 36, 1992,
seconded by Councilwoman Monroe.
approved by the City Council.
The motion was unanimously
Mayor Martino stated the City Attorney has advised him, the
City Council may conduct one Public Hearing for Ordinances
8, 9, 10 and 11, 1992 as they are all similar in nature.
Mayor Martino declared the Public Hearing open, which was
duly advertised 4/22/92, and held on the intent of Ordinance
8, 1992, repealing certain sections of General Employees
Retirement Plan and adopting a new General Employees
CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 13
DINANCE S. 1992
ORDINANCE 9. 1992
Retirement Plan in lieu thereof; Ordinance 9, 1992,
repealing Article II Policemen's Retirement Trust Fund and
adopting a new Article II in replacement thereof to be
entitled Municipal Police Officer's Retirement Trust Fund;
Ordinance 10, 1992, repealing Article II Firemen's
Retirement Trust Fund and adopting a new Article II in
replacement thereof to be entitled Municipal Firemen's
Retirement Trust Fund; and Ordinance 11, 1992, providing for
a Pension Re -Entry Period for those employed by the City as
Police Officers.
There being no comments from the public, Mayor Martino
declared the Public Hearing closed.
Per a unanimous vote of the City Council, the City Attorney
read, by title only and on second and final reading,
Ordinance 8, 1992.
Councilman Kiselewski made a motion to adopt Ordinance 8,
1992; seconded by Councilwoman Monroe. The motion was
unanimously approved by the City Council
Per a unanimous vote of the City Council, the City Attorney
read, by title only and on second and final reading,
Ordinance 9, 1992.
Councilman Kiselewski made a motion to adopt Ordinance 9,
1992; seconded by Councilwoman Monroe. The motion was
unanimously approved by the City Council.
ORDINANCE 10, 1992 Per a unanimous vote of the City Council, the City Attorney,
read, by title only and on second and final reading,
CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 14
Ordinance 10, 1992.
Councilman Kiselewski made a motion to adopt Ordinance 10,
1992; seconded by Councilwoman Monroe. The motion was
unanimously approved by the City Council.
ORDINANCE 11, 1992 The City Manager stated "May 11, 1992" should to be inserted
into the first blank and "June 9, 19921' in the second blank.
Per a unanimous vote of the City Council, the City Attorney
read, by title only and on second and final reading,
inserting the appropriate dates in the appropriate blanks,
Ordinance 11, 1992.
Councilman Kiselewski made a motion to adopt Ordinance 11,
1992; seconded by Councilman Aldred. The motion was
unanimously approved by the City Council.
ORDINANCE 13, 1992 Mayor Martino declared the Public Hearing open, which was
duly advertised 4/22/92, and held on the intent of Ordinance
13, 1992, creating a planned unit development on land that
is part of the County Public Facilities Complex owned by and
to be used by the County of Palm Beach as a Regional Library
with an underlying zoning use designated GU -Governmental
Usage.
There being no comments from the public, Mayor Martino
declared the Public Hearing closed.
In response to Vice Mayor Russo, Audrey Wolfe, Petitioner,
stated they have researched the issue of changing the roof
and the cost would approach $200,000 which would include a 3
month delay to redesign the roof. In response to Councilman
CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 15
Kiselewski, Ms. Wolfe, stated she cannot guarantee all other
buildings in the complex would have blue metal roofs, but at
the time the other building is built, if the Council is not
happy with the present roof, they will try to find a roof
that is complimentary.
Councilwoman Monroe stated she did not want the library at
this location because of the traffic, feeling Central
Boulevard would have been a better location and, therefore,
she would not be voting in favor or this project.
Per a consensus of the City Council, the City Attorney read,
by title only and on second and final reading Ordinance 13,
1992.
Councilman Aldred made a motion to adopt Ordinance 13, 1992;
seconded by Councilman Kiselewski. 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.
ORDINANCE 14. 1992 In response to Councilman Kiselewski, the City Manager
stated the $11,000 being transferred to salaries and wages
for the Finance Department, was due to Holly Vath's salary
being listed as less than what she is making and had not
been changed.
In response to Councilwoman Monroe, the City Manager
explained the transfers in vehicle funds for various
departments. Councilwoman Monroe requested the City Manager
clarify the $11,000 vehicle which had not been purchased and
-- its purpose, at the next meeting, and explain increase in
CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 16
REORDER AGENDA
ITEMS FOR
DISCUSn-ON
travel expenses.
Per a unanimous vote of the City Council, the City Attorney
read, by title only on first reading, Ordinance 14, 1992,
amending Ordinance 26, 1991, same being the Budget Ordinance
for the Fiscal Year beginning 10/1/91 and ending 9/30/92,
inclusive.
Per a consensus of the City Council, the Agenda was
reordered by moving Items for Discussion before Ordinances.
HIDDEN HOLLOW PUD Vice Mayor Russo stated he will not participate in this
discussion, as he is an officer of the corporation that owns
Hidden Hollow PUD.
Bristol Ellington, Planning and Zoning Department, addressed
the City Council stating this is a petition by Carl
Sabatello, owner of Hidden Hollow PUD, requesting a time
extension to the Hidden Hollow PUD, which was originally
approved on December 3, 1987 by Ordinance 16, 1987; amended
on September 7, 1989 by Ordinance 22, 1980; on May 3, 1990
by Ordinance 10, 1990 and on June 7, 1990 by Resolution 77,
1990. Mr. Ellington stated this a 12.3 acre site, located
approximately 2600 feet west of Military Trail on the south
side of Northlake Boulevard and is bounded to the north by
vacant property owned by the City and by the Possum Hollow
Nursery, to the west by Horseshoe Acres subdivision and
CITY COUNCIL REGULAR MEETING, 5/7/92
PAGE 17
Grace Alliance Church, to the south of Horseshoe Acres
subdivision and to the east by Square Lake subdivision. Mr.
Ellington stated the community was approved for 56 semi -
custom single-family homes and the last amendment to this
project by Ordinance 10, 1990, approved 19 additional units
in this development. Mr. Ellington stated Section 3 of
Ordinance 10, 1990, requires all phases of development to be
completed by May 3, 1992, and allows for a one year time
extension for good cause shown. Mr. Ellington stated the
Petitioner indicated economic reasons for this project not
being developed. Mr. Ellington stated the Planning and
Zoning Commission recommended approval of this petition at
its April 28, 1992, meeting with 13 conditions. Mr.
Ellington stated these conditions are all the applicable
conditions from the previous ordinances for this PUD. Mr.
Ellington stated the Planning and Zoning Commission
indicated they would support a two year time extension if so
desired by the City Council. Mr. Ellington stated the
Petitioner subsequently amended the petition to request that
the time extension be granted to allow for all
infrastructure to be completed rather than all phases of
development to be completed prior to June 30, 1994. Mr.
Ellington stated the Petitioner has subsequently requested a
time extension to June 30, 1997 for all infrastructure. Mr.
Ellington stated there may be need for an additional
condition with the widening of Northlake Boulevard, the
CITY COUNCIL REGULAR MEETING, 5/7/92
PAGE 18
Petitioner will only be receiving a restricted left turn
inbound lane. The project was approved with dual outbound
lanes and the condition would be if the project is developed
after the commencement of the construction of Northlake
Boulevard, the Petitioner shall amend construction plans to
provide for a single right turn outbound lane.
Councilwoman Monroe stated the first 3 conditions are code
requirements and do not need to be included in the
ordinance. In response to Councilwoman Monroe, Mr.
Ellington stated re: traffic, this is an approved project
and at this point they are vested. In response to
Councilwoman Monroe, Mr. Ellington stated the expiration
date for all phases to be completed is May 3, 1993, however,
with the ordinance being written "all phases", the
interpretation of the ordinance could mean everything must
be built. The Petitioner is requesting this extension now
because they don't feel they can have everything on line and
completed by May 3, 1993, and is requesting the extension
until June 30, 1997.
Councilman Kiselewski stated the Petitioner is just
requesting that the infrastructure be completed by June 30,
1997, and could still not develop the project. Mr.
Ellington stated the lots would be vested as far as the
trips and the homes would be sold as the market dictates.
Mr. Ellington stated staff is only concerned with the
infrastructure being in place, because if the project never
CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 19
gets developed the infrastructure would be in place,
allowing the homes to be sold. Councilman Kiselewski stated
he thought this project was supposed to be developed with
all similar type house, not to be broken down and sold off
as individual lots. In response to Councilman Kiselewski,
Mr. Ellington stated the lots are 55 x 120 and some are 99 x
120. Councilwoman Monroe stated she wanted a traffic study
showing what the traffic performance standards would require
of a new development today before deciding on such a lengthy
time extension.
Councilman Kiselewski stated he didn't understand how the
Council could have insisted the whole project be completed
by May 3, 1993, if these were to be sold off individually.
Carl Sabatello, Petitioner, addressed the City Council
stating the way this project was going to be developed and
built out was to sell individual lots and the builder or
homeowner could build a home that would fit on the lot.
Councilman Kiselewski stated his understanding was the City
was going to have control to the extent they would be
dealing with Sabatello's company for the buildout of this
project. Mr. Sabatello stated that was their intent.
In response to Councilwoman Monroe, Mr. Sabatello stated
"semi -custom" in this project means there are a couple of
models, which could be revised for each individual buyer.
Councilman Kiselewski stated he had a problem with the time
-- extension for just having the infrastructure in place.
CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 20
Mr. Sabatello stated the intent on the completion date was
to have the infrastructure in.
Staff was directed to research the original ordinance and
background information and report to Council the intent and
to address Councilman Kiselewski's concerns re: possible
variations on architecture and requirements for sales.
Councilwoman Monroe provided staff with questions she has on
conditions and their future meaning.
TOYS 'R' US
GARDENS WALK
TIME EXTENSION Bristol Ellington, Planning and Zoning Department, addressed
the City Council, stating the Petitioner is requesting
amendment to the Gardens Walk PUD to allow for a 45,378
square foot Toys 'R' Us store. The original Garden Walk PUD
was originally approved by Ordinance 54, 1988, to allow for
a 53,200 square foot shopping center. The 4.5 acre site,
located south of PGA Boulevard, approximately 500 feet east
of Fairchild Gardens Avenue, is bounded to the north by the
Regional Mall, to the east by the Florida Department of
Motor Vehicles, to the south by vacant property owned by the
County for the pending application of the North County
Governmental Center and to the west by Gardens Plaza PUD.
The building will be beige in color with a stucco finish,
with terra cotta accent tiles. The building will have
spanish clay tile roof on all four elevations. The four
foot high wall sign and the ten foot high ground sign will
�- be of one color, orange, as well as Geoffery the Giraffe.
CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 21
Mr. Ellington stated Mr. Hanson, Building official, has
reviewed the proposed signage, stating it does comply with
the current sign code. The Petitioner is proposing 246, 10'
x 20' parking spaces on site, as well as six shopping cart
corrals placed throughout the parking lot, matching the
architecture style of the building. Per a condition of
Ordinance 50, 1988, the Petitioner will be providing for a
deceleration lane at the entrance to the development and
will be complying to the easement agreement currently held
between Vincent Pappalardo and the Department of Motor
Vehicles for access to the north/south entrance off PGA
Boulevard, as well as landscaping and relocation of parking
spaces on the DMV site. Mr. Ellington stated the roadway
will be the future extension of the entrance to the North
County Governmental Center. The Petitioner has worked with
the County and with the City Engineer to ensure future
alignment will be accommodated within the easement section.
Mr. Ellington stated at the April 28, 1992, meeting, the
Planning and Zoning Commission recommended approval of the
petition to City Council with 17 conditions.
Councilman Kiselewski expressed concern re: compliance of
the proposed ground sign.
Councilwoman Monroe expressed concern re: preservation of
existing vegetation, open space where cars overhang onto
landscaping strip, and the ability of the Fire Department
.� to protect the south side of the building.
CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 22
Councilman Kiselewski express concern re: proposed ground
sign being within the 50' buffer along PGA Boulevard.
In response to Councilwoman Monroe, Mr. Ellington stated
staff received a letter from the Fire Department indicating
they had no concerns with the proposed project.
In response to Councilwoman Monroe, Mr. Ellington stated the
traffic study was reviewed and there are no problems with
the change of use.
Raymond Royce, agent for Petitioner, addressed the City
Council and reviewed the site plan, elevations, landscaping,
parking, and traffic. Mr. Royce stated the Petitioner is
requesting 9' x 18' parking spaces. Mr. Royce stated the
Petitioner would like to be open by Christmas, perhaps
Halloween.
After further discussion, there was a consensus of the City
Council to allow the perimeter and diagonal parking spaces
to be 9' x 18' with the interior parking spaces 10' x 18'
and the Toys 'R' Us sign to be of one color, orange.
The Petitioner was directed to examine the size of the
proposed ground sign and it's location, stating it cannot be
in the 55' green belt. The Petitioner was directed to
address the landscape strip issue.
Staff was directed to prepare an Ordinance for first reading
on May 21, 1992 and schedule another workshop prior to
second reading.
�RDENS WALK PUD Raymond Royce, authorized agent for Petitioner, addressed
CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 23
the City Council explaining the Gardens Walk PUD expired May
4, 1992, however the application for the time extension was
submitted March 19, 1992.
Councilwoman Monroe requested an updated traffic study
before considering the time extension.
Attorney Brant stated the Gardens Walk PUD is still in
effect and there is an amendment of the PUD before the
Council now. Attorney Brant stated the Council can consider
both issues in tandem.
STREETSCAPE There was a consensus of the City Council to schedule this
item for the May 14, 1992, Workshop meeting.
ITEMS FOR
N
P!�NDING ISSUES There was a consensus of the City Council to bring all
pending issues to the next Council meeting and structure the
list by priority.
PUBLIC COMMENTS There was a consensus of the City Council to limit public
comments to 30 minutes divided by the number of individuals
who wish to speak and for all Councilmembers to submit their
items which do not require a policy decision in writing to
the City Manager.
Councilman Kiselewski suggested reminding individuals
speaking under "Comments from the Public", that their
comments should be first given to the administration of the
City, specifically the City Manager or Assistant City
Manager.
ADJOURNMENT There being no further business to discuss, the meeting was
CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 24
APPROVAL
adjourned at 12:27 A.M.
1
Mayor �flchael Martino
VicV Y4zI ydr" Russo
Edda V. Kosier, City C%rk
Z
Councilman Aldred >
'Councilwoman Monroe
ALe I
Councilman Kiselewski
Excerpts 'from the
City Council Workshop Meeting
of May 7, 1992
Mayor Hold on Linda. Before you move for adjournment, I
just need to...
Linda Oh, I have something too.
Mayor I need to ask you all to do, and see if you agree
with me. We spent: almost 2 hours and 15 minutes on
the front part of the agenda tonight. We really got
started with the meat of the Ordinance at about
10:15. And to me that's totally ridiculous. I
think we're overly patient with the people that come
to the microphone under Public Comments. We need
to do one of two things. We either put the Public
Comments at the tail end of the meeting which is
inappropriate, in my opinion. Or we, you allow me,
and then you stand behind me to...
Linda You got it.
Mayor to wield a strong gavel. When I say 3 minutes, it's
3 minutes.
Linda We have to do it for everyone. When Sam comes here,
we'll have to tell'him too.
Mayor It doesn't matter.
Joe Get a thing. Whatever those things. You know those
egg things. Whatever they are.
Linda The Commissioners., They always have a timer. And
what they'll do is say, I've got so many... How
many people want to speak on a particular item. And
she'll say I've got an hour set aside for this
public hearing. You divide it by the number of
people. That's how much time you get.
1
Joe See. Yea I agree. I don't think we should hear
from everybody on the same issue unless they want
to wait until the end of the meeting. I don't have
a problem. I don't have a problem right now. If
there's 10 people that want to talk to me at 12:30
at night. If they had the patience to sit here, I
would listen. At least the business portion you
took care of when your mind was sharp.
Mayor The business portion is important.
Joe I mean, we just, I think, approved a giraffe as art
in public places. We'll get written in the paper
again.
Mayor Don, you want to help me out.
Don Let's look at 2 aspects of this thing. One is how
much time do people actually talk and then also how
much time we beat our own gums.
Mayor Yes.
Don I'm wondering if this would not go faster if we
moved our gum beating, so to speak, to the end of
the meeting.
Joe That's fine.
Don At one point in time we used to have it there.
Linda I don't like that either. I remember one time John
Orr's comments were at the end.
Don No. I never liked his comments there. All I'm
saying is. Alright we start at 8:00 and at 10:00
we finally get rid of the people. Not, that I
didn't mean to say that. But the point being is
they only spent maybe 20 minutes of that time and
the rest of it was us going through...
Joe They spent around an hour.
Mayor No. No.
2
V,
•
•
Joe We spent and hour. They spent an hour.
Mayor The problem is. Let me ask. With respect, all of
us again. I think we ought to take the items that
we bring up and either give the... Most of these
are administrative things. We ought to give them
to the City Manager or if you have an item that you
want to bring here that requires a policy decision
or a vote, then that's what we ought to call for.
Follow what I'm saying. That would expedite things
too. But you had 5 different items. Linda had 2.
Don had 3. Tonight, I didn't have any, but
sometimes I have 3. I think we ought to give those
items in writing to the City Manager, but if we're
of the conviction that we need a policy decision,
you should come here, we should come here, and bring
that to all our attention and ask for a vote on it.
Joe In other words, you're not going to have individual
items, you'll have John Orr go through the items
that we gave him. :
Mayor If he wants to bring them up.
Joe If they are policy things.
Linda Let's use as an example the one I had tonight. It
was one of those things I didn't have it fully, you
know, clear in my head. I had some ideas. If I
tried to convey it to John, it would have gotten
totally lost in the translation and I was looking
for direction from you to say, should I go any
further or should I just drop it. So, it took more
to explain that tonight than I...
Joe That you had to bring up. Because if we would have
all said we didn't.agree...
Linda Then we would have.dropped it.
Mayor That's the kind of thing that is perhaps appropriate
here. Some of the other things we're doing Linda
is...
3
Linda
Mayor
Joe
Mayor
Joe
I understand.
You understand.
•
It's like on my issue to Jog Road thing. I could
have just had a report typed up and given it to...
That's right. And you know the other thing too...
Because I had to have it re -clarified.
Mayor The lady that came to the microphone and people that
came to the microphone. Not that I don't have any
respect for the unincorporated areas, you know I do,
because I've sponsored ordinances and you all know
that. But they need to understand that we are here
to do City of Palm Beach Gardens business and that
there is a Comprehensive Plan that could have
answered every question they had tonight. And, I
think we need to be a little more affirmative as far
as that plan is concerned. It's on the books. It's
ours. Either we are proud of it or not. I am. I
don't know about the rest of you. I assume you all
are, because we all voted on it. It's a good comp
plan and what's happening. I said it before and
I'll say it again. Is that it is inappropriate the
way the District Commissioner is conducting herself
right at the moment. She's meeting with all of
these little groups. Giving out misinformation.
Maybe not meaning to do it. Or maybe meaning to do
it. And then we're sitting up here all the time
trying to defend the misinformation that they've
given out. You all know. I mean, Linda, you took
me to task over the damn...
Linda
Mayor
Linda
I remember. I remember the response back too.
Yea, we got the letter back too. It's in the files
here. And for them to sit here and say they just
got a fax from her office.
Well, the other thing is... We haven't seen the fax
to see exactly what it says. You need all the..
4
You were right. Everything should be submitted to
the City Manager. He should provide that and our
backup and say O.K.here is...
Mayor That's what I wanted to hear you all say. If you
agree with that, I am going to be tough....
Don I say one of the things that you might mention Mike.
Is that when you ask for comments from the public,
to remind the people that our position is one of
policy maker and that if it is a comment that has
to do with the administration of the City, garbage
pick up, traffic, police, lighting, please talk to
John separately. Or talk to perhaps Ed here
separately at the meeting. I don't know whether
Ed's here at most of them with you...
Linda He can set up a little office in the back.
Don He can set up in the back and take these second
things down. That way we can...
Mayor I want to tell you the other thing too. This is
causing us, I'm around City Hall maybe more than
some of you are. It's not that I'm... here, but he
by virtue of all of the things that are happening
tonight. It's costing us staff time and sometimes
we..., the Inter -City deal, the paramedic business
and so forth. We've answered that time and time
again. If that group can't understand that, I say
we tell them please we have a contract. I don't get
any complaints. I don't know about you, but I
haven't gotten any complaints.
Don I haven't heard of these complaints that you were
saying...
Mayor I also want to tell, you that the Inter -City people.
You all know they have to respond to Paul Morelli??
down there. So...
Linda They were very .... And just so you will know, my
intent was that each of us appoint one was not to
appoint any of the trouble makers. It's somebody
5
Linda Back to our original point. I suggest that you
schedule like 30 minutes for public hearing. Say,
how many people want to make comments. O.K. there's
5 people, you can have 6 minutes apiece. And, if
that works, fine. If it doesn't we'll try
another...
Mayor O.K. So, we're agreed then. We're going to have
30 minutes for public comment and we'll divide it
among the people that are out there.
Linda And if there are some people that want to stay to
the end and talk longer...
Mayor O.K. We know how we are going to handle the items
and so we'll expedite our meetings a little bit.
M
that has no knowledge, just a hard working,
intelligent personis what I'm looking for.
John Orr
Let me give you one other problem real quick. Just
like the things they passed out on Military Trail
that said come to the meeting, we've got a serious
problem.
Linda
What are you talking about?
John
Tonight. This is what this guy did.
Mayor
He handbilled all the house on Military Trail.
John
He handed out handbills. Please come to the
meeting, we've got a serious problem. He comes up
and says Karen Marcus will reduce the speed limit
to 35. There's a serious problem. If he would have
called us, we could have told him what we had done.
But see, he doesn't do that.
Joe
Well he got it done. Next time we're going to go
to him and have him write the letter.
Linda Back to our original point. I suggest that you
schedule like 30 minutes for public hearing. Say,
how many people want to make comments. O.K. there's
5 people, you can have 6 minutes apiece. And, if
that works, fine. If it doesn't we'll try
another...
Mayor O.K. So, we're agreed then. We're going to have
30 minutes for public comment and we'll divide it
among the people that are out there.
Linda And if there are some people that want to stay to
the end and talk longer...
Mayor O.K. We know how we are going to handle the items
and so we'll expedite our meetings a little bit.
M
A
FORM
SB MEMORANDUM OF VOTING CONFLICT FOR
COUNTY,
MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
'1 Atil NAMI I IRS I \AMI
MIDI)1 1 NAMr.
NAME OF BOARD. COUNCIL. COMMISSION, AUI110RITY.OR COMM III 'EE
RUSSO, JOSEPH
CI'T'Y COUNCIL
MAILING ADDRESS
THE BOARD, COUNCIL. COMMISSION, AUi HORIiY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
18 Sheldrake
Lane
M C11Y O COUNTY O 01HER LOCAL AGENCY
CITY
COUNTY
NAME OF POLITICAL SUBDIVISION:
Palm.Beach Gardens Palm BEach
City of Palm Beach Gardens
DATE ON WHICH VOTE OCCURRED
MY POSITION IS:
May 7, 1992
CC ELECTIVE O APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the lav when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the forth.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local -public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
• You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form should be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
CE FORM 98- TAI PAGE I
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the min
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I,Joseph Russo , hereby disclose that on
(a) A measure came or will come before my agency which (check one)
inured to my special private gain; or
inured to the special gain of
(b) The measure before my agency and the nature of my interest in the measure is as follows:
, 19 19 2
by whom I am retained.
I am an officer of the corporation which owns Hidden Hollow PUD.
Date Filed Signatu
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM 80 - 1.91 PAGE 2