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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.