HomeMy WebLinkAboutMinutes Council 011692CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
JANUARY 16, 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 Assistant Deputy City Clerk called the roll, and
present were Mayor Martino, Vice Mayor Aldred,
Councilwoman Monroe, Councilman Kiselewski and Councilman
Russo.
PuNOUNCEMENTS Mayor Martino stated the announcements are as posted on
the City's bulletin boards.
RESOLUTION 5, 1992 Mayor Martino reported Resolution 5, 1992, minor amendment
to Golden Bear Plaza PUD, permitting the installation and
use of an antenna by Bell South, has been removed from the
Agenda at the request of the Petitioner.
PRESENTATIONS Mayor Martino presented a Proclamation proclaiming January
18, 1992 as "Up With People Day ".
Mayor Martino presented a plaque and key to the City to
the Estonians touring with "Up With People ".
Mayor Martino presented Saul Sherman with a plaque of
Appreciation for his years of service to the City on the
Zoning Board of Appeals.
CITY COUNCIL REGULAR MEETING, 1/16/92 PAGE 2
Mayor Martino made a presentation to Jack Hanson for 20
years of service to the City's Building Department.
CALL FOR BIDS The City Manager opened and read the following bids
received for resurfacing 8 tennis courts, as advertised
1/1/92:
Gator Court Contractors Inc., P.O. Box 2700, Boca Raton,
FL 33427
1. Construction of 8 HydroGrid tennis courts - $159,200
2. Construction of 4 HydroGrid tennis courts - 79,600
Resurfacing 4 asphalt tennis courts - 8,750
3. Resurfacing 8 asphalt tennis courts - 17,500
4 new HydroGrid tennis courts with
lighting and fencing - 118,000
Hardrives, 2350 S. Congress Avenue, Delray Reach, FL 33445
1. Construction of 8 Hydro -Court tennis courts - $168,885
Construction of 8 Cal Cap tennis courts - 170,895
2. Construction of 4 Hydro -Court tennis Courts- 87,750
Construction of 4 Cal -Cap tennis courts - 89,850
Resurfacing 4 asphalt courts - 14,750
3. Resurfacing 8 asphalt tennis courts - 24,460
4 new Hydro -Court tennis courts with
fencing & lighting - 144,985
4 new Cal -Cap tennis courts with
fencing & lighting - 146,485
Island Coatings of South Florida, P.O. Box 13088, North
Palm Beach, FL 33408
1. Alternative #2 - Repair & resurface 4
existing asphalt tennis courts -$ 8,000
2. Alternative #3 - Repair & resurface 8
existing asphalt tennis courts - 16,000
Councilman Kiselewski made a motion to remand the bids to
the City Manager and the Acting Director of Parks and
Recreation for their review and recommendation, seconded
CITY COUNCIL REGULAR MEETING, 1 /16/92 PAGE 3
by Councilwoman Monroe. The motion was unanimously
approved by the City Council.
REPORTS AND ITEMS
BY MAYOR AND CIL
COUNCILMAN RUSSO Councilman Russo reported attending an informal meeting
with the County yesterday re: Jog Road. Councilman Russo
stated the County would like to have documentation from
the City of Palm Beach Gardens on why they would like Jog
Road removed from the Thoroughfare Plan.
COUNCILWOMAN
MONROE Councilwoman Monroe requested an item be placed in the
next resident newsletter informing residents the
landscaping in the median of Military Trail will be
completed as soon as possible.
COUNCILMAN
KISELEWSKI Councilman Kiselewski requested a report by the next
meeting on when the landscaping along Military Trail will
be back in place.
Councilman Kiselewski reported there is legislation
pending re: making the MPOAC a council to get funding for
traffic planning.
COMMENTS FROM
THE PUBLIC
WILLIAM C. MYERS William C. Myers, 1022 Shady Lakes Circle, addressed the
City Council. re: City's response to the DCA ORC report and
when it will be workshopped.
Mayor Martino informed Mr. Myers the staff is working on
the report and the residents will be made aware of the
CITY COUNCIL REGULAR MEETING, 1/16/92 PAGE 4
workshop date.
ITEMS BY THE
CITY FMITA=
HOOD ROAD The City Manager reported to the Council re: the County's
conclusions on the negotiations and the mediation process
for Hood Road. Mr. Orr stated a two day meeting between
the City and County was held with the mediator, and then
rescheduled for three months later for the County to have
an opportunity to review the environmentally sensitive
lands on the south side of the property where they
proposed to build the road. Mr. Orr stated the mediation
process did not work, as the City has received a letter
and map from the County indicating their plans for the
Hood Road extension.
Rich Walton, Director of Planning and Zoning, displayed
the map the County had forwarded to the City showing the
proposed alignments by the County and the City of Palm
Beach Gardens.
Staff was directed to copy the City Council with the
letter transmitting the map.
In response to Mayor Martino, Attorney Brant stated either
party could withdraw from mediation at any time. With the
County staff submitting this map, it means mediation is
finished, and now it is up to the City to reply and take a
position.
In response to Councilman Kiselewski, the City Manager
stated the landowner has pulled the property (Wynfield)
CITY COUNCIL REGULAR MEETING, 1/15/92
off the market for now.
PAGE 5
STEVE ENSiNGER Steve Ensinger, 3300 Meridian Way South, addressed the
City Council re: street lights along Military Trail and
the latest communication, dated 12/91, to the City from
the Fire Department regarding street widths.
Mr. Ensinger was informed he could obtain a copy of the
letter from the Planning and Zoning Department.
The City Manager stated he has been working with FP &L to
get street lights installed along Military Trail and the
project will be completed as soon as FP &L can get to it.
COUNCILMAN RUSSO In response to Councilman Russo, the City Manager stated
signalization was originally planned for the PGA Blvd. and
Ryder Cup Blvd. intersection when Ryder Cup Blvd. was
opened to the public for ingress and egress off PGA Blvd.
In response to Councilman Kiselewski, the City Manager
stated he has been trying to get blinking yellow and red
lights installed at the PGA Blvd. and Ryder Cup Blvd. and
Gardenia Drive and Military Trail to help avoid accidents.
Councilman Russo stated there was also a major problem at
the intersection of Ryder Cup Blvd. and Northlake Blvd.
The City Manager stated there are plans under way to put
in the 6 lane cross - section from the Turnpike to Beeline
Highway.
After further discussion by the Council, the City Manager
was directed to forward a letter of inquiry to the County
re: situation on Northlake Blvd., request the speed limit
CITY COUNCIL REGULAR MEETING, 1/16/92 PAGE 6
be reduced, and request lighting, even temporary, at the
Industrial Park and the entrance to PGA at Ryder Cup Blvd.
The City Manager stated once the bid specs are obtained,
the total package may include signalization and, if not,
he will request it.
CONSENT AGENDA Councilman Kiselewski requested item #4, Resolution 6,
1992, be removed from the Consent Agenda.
Councilman Kiselewski made a motion to approve the Consent
Agenda, omitting Item #4, seconded by Councilwoman Monroe.
Per a unanimous vote of the City Council, the following
items on the Consent Agenda, were approved and adopted:
1. Approval of Minutes of 1/2/92 City Council Regular
Meeting.
2. Proclaiming January 17, 1992, as "Arbor Day ".
3. Proclaiming January 18, 1992, as "Up With People
Day".
RESOLUTION
6, 1992 After discussion by the City Council, Councilman
Kiselewski made a motion to approve Resolution 6, 1992,
authorizing the City to enter into a Mutual Aid Agreement
with the City of Riviera Beach; seconded by Councilwoman
Monroe. The motion was unanimously approved by the City
Council.
Councilman Kiselewski suggested having the City
Administration look into the possibility of having one
Mutual Aid Agreement prepared for all municipalities.
PUBLIC HEARINGS
ORDINANCE
1991 Mayor Martino declared the Public Hearing open, which was
CITY COUNCIL REGULAR MEETING, 1/16/92 PAGE 7
- duly advertised 1/1/92, and held on the intent of
Ordinance 34, 1991, amending Section 32.53 by increasing
the requirement of members for a quorum to be four (4)
members of the Planning and Zoning Commission. There
being no comments from the public, Mayor Martino declared
the Public Hearing closed.
Per a consensus of the City Council, the Assistant Deputy
City Clerk read, by title only, on second and final
reading, Ordinance 34, 1991. Councilman Kiselewski made a
motion to adopt Ordinance 34, 1991, seconded by Vice Mayor
Aldred. The motion was unanimously approved by the City
Council.
FFSOLUTIONS
RESOLUTION
3, 1992 Rich Walton, Director of Planning and Zoning, addressed
the City Council regarding the petition by Mark Klaine,
agent for Johann Conrad von Waldthausen, owner of the
former Southern Florida Bank building located at 1963 PGA
Blvd. Mr. Walton stated the petitioner is requesting a
color change from the approved color of off -white to
yellow. Mr. Walton stated the PUD was approved in 1983
and the bank building has been vacant for several years.
Mr. Walton stated a portion of the building has been
painted yellow, however, the Code Enforcement Officers
informed the petitioner the painting must be stopped until
approval is granted by the City Council. Mr. Walton
stated the agent has stated the owner would like to use
CITY COUNCIL REGULAR MEETING, 1/16/92
PAGE 8
the color yellow to make the building more presentable.
Mr. Walton stated the agent has indicated if the Council
determines this color of yellow is unacceptable, he will
present other shades of yellow to the Council for
consideration. Mr. Walton presented a picture of the
building with the color yellow painted on certain portions
of the building.
Mark Klaine, agent for the petitioner, addressed the City
Council and read into the record a fax from the owner,
copy attached, requesting approval of the color of yellow.
Mr. Klaine stated the owner would like to make the
building more presentable to be able to lease the
property.
After further discussion by the Council, Mr. Klaine was
directed to prepare a presentation showing the colors,
including accent trimming and color numbers, and come back
before the Council for further consideration.
RESOLUTION
Councilman Kiselewski, as representative of the Art
Advisory Committee, stated the committee was impressed
with the art proposed for the PGA National Health Spa and
recommended approval. Councilman Kiselewski stated there
was a misconception that all public art had to go outside
the building, however, that has not been the case with a
number of buildings.
Robert Eigelberger, Performance Consultant for PGA
National Resort and Phil Materio, owner of McMow Art
CITY COUNCIL REGULAR MEETING, 1/16/92 PAGE
Glass, introduced themselves to the City Council.
Councilman Kiselewski made a motion to approve Resolution
4, 1992, approval of recommendation of the Art Advisory
Committee for Art in Public Places located within PGA
National Health Spa; seconded by Vice Mayor Aldred.
Discussion ensued regarding the interpretation of "public
place" and where the art work should be located.
The motion was unanimously approved by the City Council.
Mayor Martino requested Councilman Kiselewski discuss art
location with the Art Advisory Committee to determine if
there could be some clarification.
ORDINANCES
r "DINANCE
;,1992 Per a unanimous vote of the City Council, the Assistant
Deputy City Clerk read, by title only, on first reading,
Ordinance 2, 1992, zoning lands of the Trinity Methodist
Church as R5 -3, Single- Family Residential District and
simultaneously creating a Conditional Use for church
purposes thereon and setting forth requirements for future
development of the vacant lands on said site.
ORDINANCE
7—,1992 Per a unanimous vote of the City Council, the Assistant
Deputy City Clerk read, by title only, on first reading,
Ordinance 3, 1992, Fire Prevention Code Amendments.
Councilman Kiselewski requested the Fire Department to
extract from the code exactly what they are replacing with
CITY COUNCIL REGULAR MEETING, 1/16/92
these particular paragraphs.
PAGE 10
ORDINANCE
4, 1992 Per a unanimous vote of the City Council, the Assistant
Deputy City Clerk read, by title only, on first reading,
Ordinance 4, 1992, amending Section 159.086(b)(4) of the
Palm Beach Gardens Code by adding thereto the limitation
that any conditional use granted shall be limited to the
current licensee.
In response to Councilman Kiselewski, Attorney Brant
stated the currently approved conditional uses would not
be superseded by this ordinance, as the ordinance is not
retroactive.
ITEMS FOR
DTSCUSSION
I-9WS RACK
Councilman Kiselewski stated he would like to see Section
118.5 (5) state that news racks cannot be placed on public
property unless by Resolution of the City Council.
Councilman Kiselewski stated Section 118.8 Abandonment,
needs additional clarification.
Mayor Martino stated since there were no other comments,
this ordinance will continue through the process.
MINIMUM HOUSING
CODE Mayor Martino stated he had requested the Council's
comments regarding the proposed Minimum Housing Code
Ordinance.
Councilman Kiselewski stated he suggested adopting the
entire Standard Housing Code.
CITY COUNCIL REGULAR MEETING, 1/16/92 PAGE 11
.� The City Attorney was directed by a consensus of the City
Council, to prepare an Ordinance adopting the Standard
Housing Code in its entirety.
NORTH COUNTY
GOVEMMTEI= CENTER
ALLY—
Rich Walton, Director of Planning and Zoning, addressed
the City Council stating the PUD and PCD applications for
this project were submitted to staff last month and a DRC
meeting was held two weeks ago. At that time staff
requested further clarification from the Petitioner. Mr.
Walton stated at the DRC meeting, the Petitioner stated
there was a good possibility there would be a requirement
when they culvert the existing ditch, there would be a
need to dig another ditch in that general area for
aeration. However, staff was concerned with how the
berms, landscaping, sidewalks and possibly another ditch
would impact the area they were proposing for
preservation. Mr. Walton stated the County has committed
to set aside 5.3 acres to address the City's native upland
ordinance. Mr. Walton stated staff is recommending that
the preserve site of 5.3 acres not be allowed to change
because of future engineering needs and should not contain
ditches and easements. Mr. Walton stated if the preserve
area is to be fenced off, it should contain the 5.3 acres
of native vegetation habitat, including new material that
will be added for the habitat. Mr. Walton stated staff
CITY COUNCIL REGULAR MEETING, 1/16/92
PAGE 12
-- does not have a problem with the preserve area if it is
not fenced off, however, the only thing that would be in
there would be a sidewalk and staff does not have a
problem with a sidewalk in passive recreation areas. Mr.
Walton stated pertaining to the above discussion, staff is
recommending that this be approved with the condition that
if the site for the preserve area changes, the project
must return to the City Council for further review.
In response to Councilman Kiselewski, the City Manager
stated the report given to Council was prepared by County
staff to submit to the County Commission for the 1/28/92
meeting. The City Manager stated the City of Palm Beach
Gardens has assisted the County as much as possible since
the first meeting on 3/12/91, however, as of this date,
the County has not submitted all necessary information to
place the first item before the City Council for
consideration of approval. The City Manager stated there
have also been some problems regarding the payment of fees
and bills by the County. The City Manager stated there
are still concerns re: roads and traffic. The City
Manager further stated this project will have a major
impact on the traffic at the PGA Boulevard and Alternate
A -1 -A intersection. The City Manager stated the County is
aware this project will put it over the County's Traffic
Performance Standards and is trying to get it exempt from
ACA. The City Manager stated if this project is exempted,
CITY COUNCIL REGULAR MEETING, 1/16/92 PAGE 13
any developer that comes in afterward would be over
capacity and the $13 million overpass would have to be put
in in order to do any additional development that would
have the 1 car impact on the PGA Boulevard and Alternate
A -1 -A intersection.
In response to Vice Mayor Aldred, the City Manager stated
the City has requested to intervene on this request and
oppose it.
Mayor Martino stated the City would like the County and
Community College Theatre to be able to work together on
their respective projects. Mayor Martino stated
additional data is needed by the City to move the project
forward. Mayor Martino requested the January 28, 1992
Executive Summary be destroyed and another report written
in a more professional manner.
Mr. Hank Skokowski, agent for Petitioner, addressed the
City Council, stating with the auditorium going through
the process at this time, it would benefit all concerned
for the two parties to work together. Mr. Skokowski
stated the Petitioner is going to provide the 5.3 acres
for the preserve area and the nine (9) gopher tortoises
identified will be accommodated in the preserve area. Mr.
Skokowski stated they have provided two landscape
circumstances: 1) a buffer against an open space or
building, no parking (open space and then the building)
not providing the type of hedges that you might normally
CITY COUNCIL REGULAR MEETING, 1/16/92 PAGE 14
�-- use to screen parking and paving areas; and 2 }a parking
lot that abuts the street using a different system to
screen the parking lot more. Mr. Skokowski stated with
the 5 acres of forest preserve, there is no reason to
screen, buffer or landscape the area unless you are trying
to create a streetscape for Fairchild. Mr. Skokowski
stated a sidewalk will be part of the buffer section for
the preserve area.
Mayor Martino stated he would like to see the proposed
environmental site dovetail with the environmental
consideration of the college and since the road has not
yet been designed, provide for a critter pass - through.
Mayor Martino stated he would prefer to have the
environmental areas passive use for public, than to see
them fenced.
Mr. Skokowski stated regarding the fencing, the Florida
Game & Fresh Water Fish Commission's permitting procedures
will dictate. Mr. Skokowski stated the Petitioner would
like to leave this as an open area, however, there are low
grade fencing requirements to keep the tortoises in.
In response to Councilman Kiselewski, Mr. Skokowski stated
he would check into relocating the gopher tortoises.
In response to Mayor Martino, Mr. Skokowski stated there
is an existing ditch which runs along and connects with a
ditch that provides for drainage throughout the area.
Because of the location of Fairchild and its right -of-
CITY COUNCIL REGULAR MEETING, 1/16/92
PAGE 15
way, the vast majority of that ditch is affected by the
construction of the road and it must be culverted. Mr.
Skokowski stated there may be sections of the ditch that
may be left open, however, Sara Lockhart of Urban Design
Studio, stated because of permitting purposes, it will not
be necessary.
In response to Mayor Martino, Mr. Skokowski stated it was
their plan for the ditch to be culverted.
In response to Mayor Martino, Mr. Skokowski stated if the
land the County controls for the road (south right -of-
way) was built straight out on the property the County
controlled, would intersect with Campus Drive, north of
the entrance to the Community College. Mr. Skokowski
stated the Community College has indicated they have the
flexibility of the land and are willing to cooperate. Mr.
Skokowski stated he felt the County Engineering
Department, which is preparing the road layout, will be
able to complete the design work and that will be part of
everybody's process so that they will know how much land
they have to dedicate.
Mayor Martino stated Mr. Skokowski has committed the 5.3
acres for the preserve and is aware of the Council's
requests and conditions and that the City is interested in
putting in the PUD or PCD.
Councilman Russo stated he felt they are intensifying the
use of the particular site and did not want traffic to go
CITY COUNCIL REGULAR MEETING, 1/16/92
ADJOURNMENT
PAGE 16
on to Military Trail. Now, because of the traffic being
put on Military Trail, they will still need Jog Road.
Councilman Russo stated he will have a problem voting for
this project as is, until he knows we are going to be able
to take the Jog Road traffic and put it on other roads and
not have this traffic contribute to the need for Jog Road.
Councilman Kiselewski stated there are two issues he is
concerned with, 1) the position the County was going to
take in changing their performance standards so they could
let this project slip through, and 2) answers from the
County on the plan for the libraries in the north end of
the county.
Mayor Martino stated he felt he understood the traffic
standards document and the interpretation he reads here,
under that document, is not allowed.
There being no further business to discuss, the meeting
was adjourned at 10:19 P.M.
APPROVAL /
Mayor Martino Coun 'lwoma Monroe
Vice Mayor Aldred'' Council an Kise].�ewski
Coun &lman'Russo
1
Exa M. Rief
Assistant Deputy City Clerk
JOHANN CONRAD WN IVALD rHAUSEN 6412 GesaWd/non
Waldvma
Telef44a {06654} 313
1--16 -1992
City of palm Bea�;h Gardens 1 f' Onj Si ! Nvr
C ,I, T Y C O U N S E L
Palm Beach Gardens, F1. 33410
Telefax: 001 -407- 775 -8244
a
To the City Counsel meeting on ,1 -16- 1992 : Ref. 1963 PGA-Blvd.
Dear Ladiens & Gentlemen,
I would like to adress you and let you know that I would very
much appreciate if I can get yolir approval to the yellow color_
which makes my building on FGA Look so much nicer and hzighter.
I will be represented by my present real estate broker, Mark.
Klaine of North Palm Beach, at your meeting.
I have always appreciated our cooperation during the past.
Very truly yours,
Excerpts from tape of 1/22/92 city Council Meeting re: Publix
After motion to approve Resolution 106, 1991, Mayor Martino stated:
"Richard, we have a site plan which Mr. Brock has indicated he
will, as far as the landscaping code is concerned, will make
provisions on the documentation that would suggest and enforce the
fact that what he put into the record that he would meet code."
"How can we get that certified, Mr. Brant?"
Bill Brant: "Well, it's in the record and he's standing there."
Councilman Kiselewski: "And, we can't approve anything else because
you just put in the record that it's got to meet code."
Councilman Kiselewski: "I would submit to you Alan this is, just
like you and I are in the building business, and you know that you
go a building official and he approves something and you get out
onto the site and all of a sudden the building official says 'oops
I missed it on the plan' and what happens is you still have to
change it".
Alan strassler: "I don't think Mark went back to look at the
original plans approved in 1985. I'm sure he didn't. But, what
he did do is look at the plan that was submitted and we thought we
were ok based on the fact that the planning board didn't say
anything."
Councilman Kiselewski: "I would suggest from here on in the future
any time anything like this comes up I would like to see our
Forester, instead of everybody telling us what he said".
Councilwoman Monroe: "Bill, I'm going on memory of hearing some
attorney somewhere talk about case history and staff giving perhaps
information that later is deemed not to be the right information,
yet the codes have to be upheld and that does not put the City in
jeopardy. When you find the problem you correct it and go on."
Bill Brant: "You are correct as far as you made your statement,
unless, and we've had one or two situations in the past, where vast
amounts of money and time have been spent. This is not the case
here."
Mr. Brock: 11 I have told the Council and have gone on record that
I will definately meet the code requirement for the buffer along
Northlake Boulevard, I would please ask your consideration in
moving forward."
In response to Councilman Kiselewski:
Mr. Brock: "I will definately meet the code requirements for the
entire project".
Councilwoman Monroe: "I have a suggested compromise that I believe
we have done at lease once. Have we not approved a project with
the landscape plan to come back and be approved by resolution or
under separate approval." ·
Councilman Kiselewski and Councilman Russo: Why would you have to
do that if it meets the minimum code. You don't have a PUD. This
is straight zoning.
Councilman Kiselewski: ''I suggest we move ahead with the issue.
Go ahead with the approval. The man has already indicated he is
going to meet the minimum landscaping standards.
Mayor Martino: "Mr. Petitioner, you understand what you' re
getting. Your getting a site plan based on what you presented to
date with this City and also everything that has not been discussed
has to be at least to the minimum of our codes."
Councilwoman Monroe: "Keep in mind that if you go strictly with
the minimum landscaping you will get no credit on landscaping (re:
Art in Public Places). If you want credit for landscaping, it's
got to be above the code."
Resolution 106, 1991 was unanimously approved as written.