HomeMy WebLinkAboutMinutes Council 020692t
CITY COUNCIL
-- REGULAR MEETING
CITY OF PALM BEACH GARDENS
FEBRUARY 6, 1992
The Regular Meeting of the City Council of the City of Palm
Beach Gardens, Florida, was called to order by Mayor Michael
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 City Clerk called the roll, and present were Mayor
Martino, Vice Mayor Aldred, Councilwoman Monroe, Councilman
Kiselewski and Councilman Russo.
ANNOUNCEMENTS Mayor Martino stated the announcements are as posted on the
City's bulletin boards.
''ONSENT AGENDA Per a motion by Councilman Kiselewski, seconded by Vice Mayor
Aldred and unanimously approved by the City Council, the
Consent Agenda was moved to this portion of the agenda. At
the request of Councilwoman Monroe, Item # 5 on the Consent
Agenda (Resolution 8, 1992, requesting the DCA to find the
Countywide Future Land Use Element to be "not in compliance".)
was pulled from the consent agenda.
Councilman Kiselewski made a motion to adopt the Consent
Agenda, except for Item # 5; seconded by Vice Mayor Aldred.
The motion was unanimously approved by the City Council.
ITEMS BY THE
CITY MANAGER
Environmental
Consultant Per the recommendation of the City Manager, the City Council
unanimously approved the City Manager advertise for Request
CITY COUNCIL REGULAR MEETING, 2/6/92 PAGE 2
for Proposals for an Environmental Consultant.
Parks & Recreation
Director The City Manager stated the City Council interviewed the
top 4 candidates for the postion of Parks & Recreation
Director. The City Manager stated he felt one candidate,
Bobbie Herokavich, had exceptional qualifications and
recommended she be appointed to that position.
Councilman Russo and Councilwoman Monroe expressed their
disappointment that the Acting Director of Parks and
Recreation was not appointed to the position, both feeling
that Assistant Directors should be able to take over
Director's positions when they become vacant. Both
Councilwoman Monroe and Councilman Russo felt that Mrs.
Herokavich had excellent qualifications and stated they
would vote for the appointment to show her she had support
of the City Council in her new position. All members of
the City Council felt this was a hard decision, but agreed
with the recommendation of the City Manager.
Councilman Kiselewski made a motion to approve the
recommendation of the City Manager to appoint Bobbie
Herokavich as Parks and Recreation Director; seconded by
Vice Mayor Aldred. The motion was unanimously approved by
the City Council.
County
Referendum The City Manager request the City Council decide whether
CITY COUNCIL REGULAR MEETING, 2/6/92
PAGE 3
the City would agree to spend monies toward legal procedure
in an attempt to stop the County from placing the Countywide
Growth Management and Land Use Authority Referendum on the
March ballot.
Councilwoman Monroe and Councilman Russo both stated they
wished there was more time to educate the voters re: impacts
of this referendum, however, acknowledged that the County was
moving at such a pace that would not allow that option to be
pursued. Mayor Martino outlined the efforts of the Municipal
League in their attempt to have this item taken off the
ballot, however, the County Commission would not listen to
their arguments.
Councilman Kiselewski made a motion authorizing the
expenditure of monies, with a cap of $10,000, to assist in
legal procedures to oppose the Countywide Growth Management
and Land Use Authority Referendum in an attempt to have it
removed from the March ballot; seconded by Vice Mayor Aldred.
The motion was unanimously approved by the City Council.
Solid Waste The City Manager stated he gave the City Council a draft of
of a letter to the Solid Waste Task Force Committee re:
volume based system, requesting this system not be implemented
without looking at other alternatives.
Councilman Kiselewski made a motion authorizing the Mayor to
send a letter to Solid Waste Authority, with a resolution to
CITY COUNCIL REGULAR MEETING, 2/6/92 PAGE 4
be considered at the next regular City Council meeting;
seconded by Councilman Russo. The motion was unanimously
approved by the City Council.
REPORTS BY MAYOR
& CITY COUNCIL
Mayor Martino Mayor Martino reminded the City Council there would be a
special meeting on Thursday, February 13, 1992, at 7:30
P.M. to discuss the Concurrency portion of the Land
Development Regulations. Mayor Martino felt that section
should be pulled out and adopted separate from the rest of
the regulations.
rouncilman Russo Councilman Russo stated he received a call from a resident
re: Intercity and an incident at Benjamin School and was
told he had to use Intercity for ambulance service. The
City Manager stated County law requires them to use Inter
City.
Councilman Russo stated he attended a meeting of the
Recreation Advisory Committee. Councilman Russo stated
the committee will come before the City Council in March
to present ideas for the summer program, including additional
expenses that will be needed.
Councilman
Kiselewski In response to Councilman Kiselewski's concern re: alcoholic
beverages being served on City -owned property, the City
Council requested a report and recommendation from
CITY COUNCIL REGULAR MEETING, 2/6/92 PAGE 5
administration and would consider an ordinance prohibiting
alcohol on city -owned property.
MUNICIPAL LEAGUE
COMMUNICATIONS Mayor Martino stated the City Council has already expressed
their opposition to the proposed Charter Amendment by Palm
Beach County.
Councilman Kiselewski made a motion, seconded by Vice Mayor
Aldred, to authorize the use of City facilities for public
forums on the Charter Amendment issue and directing staff
to establish one or more opportunities for a public forum.
The motion was unanimously approved by the City Council.
Vice Mayor Aldred stated that a committee has been established
named Save Our Local Environment, whose purpose is to present
data to educate the voters re: the proposed Charter Amendment.
Vice Mayor Aldred stated donations to this committee may be
mailed to P.O. Box 989, West Palm Beach, FL 32424.
Mayor Martino stated that when the Municipal League discussed
this issue it had to discuss it in such a way as a reaction
to procedures of educating people. Mayor Martino stated there
was a two - tiered approach -- the lawsuit and the formation of
a single - -issue committee whose goal is to educate the voters.
The Chairman of this committee is Nancy Graham, Mayor of West
Palm Beach. Mayor Martino stated that the Municipal League
is a lobby group for municipal government and is separate and
apart from the lawsuit and SOLE committee.
CITY COUNCIL REGULAR MEETING, 2/6/92
COMMENTS FROM THE
PUBLIC
PAGE 6
William Meyers William Meyers, 1022 Shady Lakes Circle, addressed the City
Council, reading a letter from Milton R. Bigham, 6 Dorchester
Circle, objecting to the City obligating any monies to the
legal procedures to attempt to get the County Charter
Amendment removed from the March ballot.
Mr. Meyers read into the record a letter he wrote expressing
his concerns with the Council joining in legal proceedings
to have the County Charter Amendment removed from the ballot
and not giving the voters a chance to decide.
Members of the City Council informed Mr. Meyers that they
wanted the voters to have the opportunity to decide, however,
with the ballot being presented in only 5 weeks there was not
an opportunity to get information to the voters on the pros
and cons of the County Charter Amendment.
Sam Carsillo Mr. Sam Carsillo, resident of Palm Beach Gardens, addressed
the City Council with several concerns, including the location
of the library, helicopter pad at the hospital, sidewalk on
Burns Road and on Holly Drive, and the need for hydrants to
have reflectors.
Chuck Forbral Mr. Chuck Forbral, 8718 150th Court, addressed the City
Council stating he was in favor of the County Charter
Amendment, feeling the City of Palm Beach Gardens was not
responsible when it came to land planning.
CITY COUNCIL REGULAR MEETING, 2/6/92
PUBLIC HEARINGS
PAGE 7
Ordinance 1.1992 Richard Walton, Planning & Zoning Director, addressed the
City Council re: Ordinance 1, 1992, amending Ordinance 15,
1987, extending time for completion of PUD for a period of
two years.
Mayor Martino declared the Public Hearing open, which was
duly advertised 1/22/92 and held on the intent of Ordinance
1, 1992, extension of time for completion of the Admiralty
II PUD for a period of two years. There being no comments
from the public, Mayor Martino declared the Public Hearing
closed.
Per a unanimous vote of the City Council the City Clerk read,
v by title only, on second and final reading, Ordinance 1, 1992.
Councilman Kiselewski made a motion to adopt Ordinance 1,
1992; seconded by Councilwoman Monroe. Ordinance 1, 1992,
was adopted by a unanimous vote of the City Council.
Ordinance 2,1992 Richard Walton, Planning and Zoning Director, addressed the
City Council re: Ordinance 2, 1992.
Mr. Walton stated today he received a letter
written jointly between Hanson Properties and the church with
additional conditions to be attached to this ordinance
relative to timing. The roadway coming into this site is to
CITY COUNCIL REGULAR MEETING, 2/6/92
PAGE 8
be dedicated to the City. The proposed site plan for this site
will force the guardhouse for JDM further west then proposed.
The City Council directed the following amendments be made to
Ordinance 2, 1992:
Section 1, 6th line, after "uses" add "including an elementary
school under church aspices ".
Section 2, 3rd line, after "dated" add "September 9, 1991 and
revised".
Section 2, 4th line, after "Plan" add "Architects & Planners,
Inc. marked Sheet A -1P11.
Section 2, 5th line, after "date" add "and the Building/
Landscape Section marked Sheet A -2 dated October 22, 1991,
and revised November 18, 199111.
Section 2, Condition # 9, remove and renumber remaining
conditions.
Section 2, add the following condition: "Incorporating
conditions and agreements contained the letter dated 2/4/92
to Bristol Ellington from Oliver Glidden and Partners on
behalf of Trinity United Methodist Church and the letter
dated 2/6/92 from Hanson Properties to Anthony E. Oliver."
The conceptual plan presented by petitioner was to be
noted that "This building is not to scale and is not
intended to reflect the height ".
CITY COUNCIL REGULAR MEETING, 2/6/92 PAGE 9
A discussion ensued as to the conditional use expiring
if a building permit was not pulled within one year. The
The City Attorney stated that if a permit was pulled on the
north or south parcel within a one year period the project
would be vested for the other phases, which preserves the
conditional use.
Mayor Martino declared the Public Hearing open, which was
duly advertised 1/22/92 and held on the intent of Ordinance
2, 1992, rezoning lands of Trinity Methodist Church as RS--3
and simultaneously creating a conditional use for church
purposes thereon and setting forth requirements for future
development of vacant lands on said site. There being no
comments from the public, Mayor Martino declared the Public
Hearing closed.
Per a unanimous vote of the City Council the City Clerk
read, by title only, on second and final reading, Ordinance
2, 1992.
Councilman Kiselewski made a motion, seconded by Councilman
Russo, to adopt ordinance 2, 1992, as amended. Ordinance 2,
1992, was unanimously adopted by the City Council.
Ordinance 3,1992 Ordinance 3, 1992, amendments to the Fire Prevention Code,
was amended as follows:
Title, 12th line, remove repeal referring to Paragraph (E) of
Section 93.23, Chapter 93.
CITY COUNCIL REGULAR MEETING, 2/6/92
PAGE 10
Section 3, 3rd from last line, after "feet" add "on center ".
Section 3, next to last line, after "minimum" add "letter ".
Section 4 -- remove entirely, renumbering remaining Sections.
Mayor Martino declared the Public Hearing open, which was
duly advertised 1/22/92, and held on the intent of Ordinance
31, 1992, amendments to the City's Fire Prevention Code, Chapter
93. There being no comments from the public, Mayor Martino
declared the Public Hearing closed.
Per a unanimous vote of the City Council the City Clerk read,
by title only, on second and final reading, Ordinance 3, 1992.
Councilman Kiselewski made a motion to adopt Ordinance 3, 1992,
as amended, seconded by Councilwoman Monroe. Ordinance 3, 1992
�.. was unanimously adopted by the City Council.
Ordinance 4,1992 Mayor Martino declared the Public Hearing open, which was duly
advertised 1/22/92, and held on the intent of 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. There being
no comments from the public, Mayor Martino declared the Public
Hearing closed.
Per a unanimous vote of the City Council the City Clerk read,
by title only, on second and final reading, Ordinance 4, 1992.
Councilman Kiselewski made a motion, seconded by Vice Mayor
Aldred, to adopt Ordinance 4, 1992. Ordinance 4, 1992, was
unanimously adopted by the City Council.
CITY COUNCIL REGULAR MEETING, 2/6/92 PAGE 11
RESOLUTIONS
Resolution 3,
1992 Richard Walton, Planning and Zoning Director, stated the
City Council has workshopped Resolution 3, 1992, amending
the Site Plan of the Southern Florida Bank PUD, created by
Ordinance 11, 1983, on lands located at 1963 PGA Boulevard,
modifying the exterior paint color on the building structure.
Mr. John Cunningham, on behalf of Southern Florida Bank,
submitted samples of proposed colors to the City Council.
Resolution 3, 1992, was amended to include the following:
Section l., 8th line, at end of sentence add "(Benjamin
Moore 215 01) ".
Vice Mayor Aldred made a motion to adopt Resolution 3, 1992,
as amended, seconded by Councilman Kiselewski. Resolution
3, 1992, was unanimously adopted by the City Council.
Resolution 5,
1992 Mr. Lee Starkey of Bell South Mobility, addressed the City
Council re: Resolution 5, 1992, minor amendment to Golden Bear
PUD, approved by Ordinance 7, 1984, and subsequently amended,
permitting the installation and use of an antenna by Bell
South. Mr. Starkey stated the panels would be painted the same
color as Golden Bear Plaza and presented line -of -sight
drawings. Richard Walton, Planning and Zoning Director,
confirmed the City had a letter from the property owner
giving permission for this amendment.
CITY COUNCIL REGULAR MEETING, 2/6/92
PAGE 12
Councilman Kiselewski made a motion to approved Resolution 5,
1992; seconded by Councilman Russo. Resolution 5, 1992, was
unanimously approved by the City Council.
Resolution 7,
1992 Richard Walton, Planning and Zoning Director, reviewed the
staff report re: Resolution 7, 1992, granting a waiver of
impact fees required under the Palm Beach Gardens Code for
Art in Private Development as same pertains to demolition
of existing building and construction of a Publix facility
thereon within Palm Beach Gardens Square Shopping Center, as
approved by Resolution 106, 1991.
The City Council approved the following figures being
inserted in Section 1. Waiver of Credit:
Roof improvement - $15,518.00
Landscaping to be provided above minimum Code
requirements - $32,762.00.
Vice Mayor Aldred made a motion, seconded by Councilman
Russo, to adopt Resolution 7, 1992, with the stated
additions. Resolution 7, 1992, was adopted by a vote of 4 ayes
and 1 nay, with the nay vote being cast by Councilman
Kiselewski. Councilman Kiselewski cast the nay vote stating
he had a problem substituting landscaping for art and roof
tiles for art.
CITY COUNCIL REGULAR MEETING, 2/6/92 PAGE 13
Resolution 11,
1992 Richard Walton, Planning and Zoning Director, addressed
the City Council re: Resolution 11, 1992, minor amendment to
Loehmann's Plaza PUD, created by Ordinance 14, 1991, re:
signage. Mr. Walton stated that the signage was originally
approved to be located on the two towers below the archway.
The request is for the signage to be located above the
archway. Mr. David Taylor, consultant to USAA addressed
the City Council stating the original plans were conceptual
and because of alterations, the expansion of the windows and
certain field conditions the towers were built somewhat
different. Mr. Steve Wolf of USAA stated that of any changes
made, the tower is the biggest and most visable. Mr. Wolf
stated that the installed signs were permitted by the City.
The City Council expressed concern that the signs were
permitted for plans that differed from those approved by the
City Council.
Per a concensus of the City Council, Resolution 11, 1992,
was tabled until the next meeting and directed that
administration was to write a memo to Council explaining
these changes and if the drawings submitted for the signage
were in error.
Resolution 8,
1992 In response to Councilwoman Monroe, Richard Walton, Planning
and Zoning Director, stated that Kim Glas of his department
had reviewed Resolution 8, 1992, and expressed no problems.
CITY COUNCIL REGULAR MEETING, 2/6/92
ORDINANCES
PAGE 14
Mayor Martino stated Resolution 8, 1992, contained the same
points that DCA stated to the Planning Council.
Councilman Kiselewski made a motion to approve Resolution 8,
1992, requesting the DCA to find the Countywide Future Land
Use Element to be "not in compliance "; seconded by Vice Mayor
Aldred. Resolution 8, 1992, was unanimously approved by the
City Council.
Ordinance 5,1992 Per a motion made by Councilman Kiselewski, seconded by Vice
Mayor Aldred and unanimously approved by the City Council,
the City Clerk read, by title only, on first reading,
Ordinance 5, 1992, amending Palm Beach Gardens Code by
`J creating and adopting Chapter 118, Newsrack Code. It was
a concurrence of the City Council to workshop this Ordinance
before advertising for second reading and consideration of
adoption.
Ordinance 6,1992 Richard Walton, Planning and zoning Director, addressed the
City Council re: Ordinance 6, 1992, rezoning from PDA to
PUD with a site plan approval for a 26,890 square foot
theater and exhibition hall located west of Campus Drive
about 1250 feet south of PGA Boulevard. Mr. Walton stated
that some of the conditions staff had requested could not
be funded because the college is not allowed to spend any
of the money outside of their property.
CITY COUNCIL REGULAR MEETING, 2/6/92 PAGE 15
Mayor Martino requested that the Ordinance be amended to
read "Performing arts center" instead of "theater ". The
City Council directed the following amendments to Ordinance
6, 1992:
Conditions 4 and 5 should be discussed between the City
Attorney and the College Attorney relative to the fifteen
day requirements.
Condition 9, 5th line, after "inch" add "caliber ".
Condition 11, add word "Council" at end of sentence.
Conditions 14 - Requested to separate conditions for
signage and pruning.
Condition 17, remove "by the Planning & Zoning Commission"
and add "by the City Council ".
Condition 18 - regarding street light location on the
south side of the service road - remove from ordinance.
Condition 19, 2nd line, after "development" add "" master plan,
and square footage of master "; and correct spelling of
word "eliminated ".
The City Council requested Resolution 35, 1991, to be a
condition of approval and to include an interlocal agreement.
The City Attorney was requested to include in the Ordinance
something to the effect as follows: "Any inerlocal agreements
and /or joint facility use agreements beyond the square footage
of the master plan shall include the City of Palm Beach Gardens
as a party and stipulator."
CITY COUNCIL REGULAR MEETING, 2/6/92 PAGE 16
Per a motion by Councilman Kiselewski, seconded by Vice Mayor
Aldred and unanimously approved by the City Council, the City
Clerk read, by title only, on first reading, Ordinance 6, 1992.
Council requested to workshop for Ordinance 6, 1992, to
discuss recommended amendments and remaining issues before
final approval.
ITEMS FOR DISCUSSION
Mona pnnd
City Building
on Campus Dr.
Mayor Martino referenced a letter he composed to be sent to
Palm Beach County Commission re: Hood Road alignment.
Councilwoman Monroe requested, and the Council agreed, to add
a sentence to paragraph 2 similar to: "We still believe the
northerly alignment is the most appropriate and can
be accomplished to our mutual satisfaction." Mayor Martino
stated he will include Councilwoman Monroe's thoughts in the
letter.
The City Council unanimously approved the letter.
Vice Mayor Aldred made a motion, seconded by Councilman
Kiselewski, and approved by the City Council., that based
on the small size, and the moderate quality that City Council
waive the NRESLO requirements for this project, or permit
staff to research ways to mitigate the projected loss of
environmentally significant lands and report back to City
Council at a later date.
CITY COUNCIL REGULAR MEETING, 2/6/92
ADJOURNMENT
APPROVAL
PAGE 17
There being no business to discuss, the meeting was adjourned
at 12:35 a.m.
MAYOR MICHAEL MARTINO
VICE MAYOR DICK ALDRED
3?A V. KOSIER, 'CITY CLERK
COUNCILWOMAN LINDA MONROE
COUNCILMAN DONALD KISELEWSKI
� / r
COLT MAN JOSEPH RUSSO
'+1/1007 R. Blik.01 $11 DORMWER C1R&E, PAM BEACH OARDEAM FLORIDA 33418
FEBRUARY 6, 1992
PALM BEACH GARDENS CITY COUNCIL
PALM BEACH GARDENS
10500 NORTH MILITARY TRAIL
PALM BEACH GARDENS, FLORIDA 33410
DEAR CITY COUNCIL MEMBERS:
IT IS REGRETTABLE THAT THE COUNTY WIDE PLANNING
COUNCIL WAS ABOLISHED, FAILING THE OBJECTIVES
DEVELOPED OVER THE FIVE YEARS THAT IT EXISTED.
THE AGENDA FOR YOUR MEETING TONIGHT APPEARS TO
EMBRACE DISCUSSION OF ISSUES WHICH MAY INCLUDE A
QUESTION OF PALM BEACH GARDENS BECOMING INVOLVED
IN LEGAL ACTION IN AN ATTEMPT TO PREVENT THE
CHARTER AMENDMENT FROM APPEARING ON THE MARCH 10,
1992 BALLOT FOR PALM BEACH COUNTY VOTERS.
INASMUCH AS ANY SUCH LEGAL ACTION INESCAPABLY
OBLIGATES TAX PAYERS FOR THE UNDERWRITING OF THE
EXPENSE OF INITIATING THE LITIGATION, AS WELL AS
THE EXPENSE OF THE COUNTY'S LEGAL DEFENSE ACTION,
u I BELIEVE THAT ALL OF US WHO ARE TAXPAYERS IN PALM
BEACH GARDENS AND PALM BEACH COUNTY ARE ENTITLED
TO KNOW WHAT THE EXTENT OF THE COST OF THAT LEGAL
ACTION WILL BE.
IT IS URGENTLY REQUESTED THAT YOU DETERMINE THOSE
COSTS AND THROUGH PROPERLY ADVERTISED PUBLIC
HEARINGS, ADVISE TAX PAYERS OF THE COST INVOLVED,
AS WELL AS SEEK OPINIONS OF YOUR CONSTITUENCY AS
TO THE ADVISABILITY OF PROCEEDING WITH SUCH LEGAL
ACTION.
YOU ARE ALSO REQUESTED TO CONDUCT YOUR ACTION IN
SUCH A WAY THAT THE RECORDS OF THE PROCEEDINGS
WILL CLEARLY INDICATE THE INDIVIDUAL VOTE OF EACH
COUNCIL MEMBER. OBVIOUSLY, THIS BECOMES AN
IMPORTANT RECORD FOR THE VOTERS TO REFLECT ON.
SINCERELY,
Mr. Martino, I have heard you give voice to the thought
that one of the reasons our Country is great is that people
can have honest differences of opinions between themselves and
have the right to express these differences to each other.
I wholeheartedly agree with you in this sentiment.
But now the Palm Beach County Municipal League under your
leadership is betraying that thought by fileing a lawsuit to
keep the issue of a countywide planning council off the March
10 Ballot. This suit will not only be expensive to the
taxpaying voter, but if successful will deny the voter his
inalienable right to vote. This suit which you are supporting
will be making the voter pay to lose his voting rights; and
that's a bad combination.
Apparently Jupiter is now backing away from the lawsuit
until it can determine what the cost of the suit will be.
In addition to the cost of the suit, Jupiter Councilman
Dominic Sims is quoted as writing "I do not support a legal
challenge to prevent (voters) from exercising their right."
1 ...'
I urge you as the Mayor of our City to follow Jupiter's
leadership and consider the costs of the suit and be concerned
about the taxpaying voters rights. You may think that the
pending lawsuit is a suit against an issue. I think of it as
a lawsuit against the public's right to vote.
Whether your suit wins or loses, we will always remember
that your support of the suit was tantamount to denying the
voters of Palm Beach Gardens and Palm Beach County their right
to vote.
J
Witham C. Myerg
1022 Shady Lakes Circle
Palm Beach Gardens FL 33418
1. Palm Beach Post, Feb. b, 1992, Page 2B