Loading...
HomeMy WebLinkAboutMinutes Council 0305921rri1SdWdWhMi kNNOUNCEMENTS CALL FOR BIDS Filtration System for Municipal Pool CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS MARCH 5, 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 Building located at 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 Michael Martino, Vice Mayor Dick Aldred, Councilwoman Linda Monroe, Councilman Don Kiselewski and Councilman Joseph Russo. Mayor Martino stated the announcements were as post on on the City's bulletin boards and added an announcement that Tuesday, March 10, 1992, was Election Day and encouraged all residents to exercise their right to vote. The City Manager opened and read the following bid for a micro - processor controlled fully automated hyrate -sand filtration system for the municipal pool, as advertised 2/19/92: CES of Jupiter - $23,094 Councilman Kiselewski made a motion, seconded by Vice Mayor Aldred, to remand the bid to the City Manager and V CITY COUNCIL REGULAR MEETING, 3/5/92 PAGE 2 the Director of Parks and Recreation for their review and recommendation. Motion unanimously carried by the City Council, Press Boxes The City Manager opened and read the following bids for six press boxes at Gardens Park and one press box at Plant Drive Park as advertised 2/19/92: Bucci Enterprises, Inc., Palm Beach - $101,600 Mineo Enterprises, Coral Springs - 51,859 M.H. Williams Construction, PBG - 103,456 Janus & Hill Corporation, Lake Worth - 87,200 Councilman Kiselewski made a motion, seconded by Vice Mayor Aldred, to remand the bids to the City Manager and Public Works Director for their review and recommendation. Motion unanimously carried by the City Council. Tennis Courts The City Manager stated that the City Council, at the 2/20/92 meeting, awarded the resurfacing of the 4 westerly courts with asphalt to Gator Courts Construction however, postponed to this meeting the awarding of hydro - grid system courts for the 4 easterly courts. Members of the City Council expressed concern that some residents would not be able to play inexpensive tennis if forced to pay for the hydro -grid system and stated some consideration would be given this item when the Council discussed fee schedules. Vice Mayor Aldred made a motion to award the bid for the 4 hydro -grid tennis courts on the eastern side to CITY COUNCIL REGULAR MEETING, 3/5/92 PAGE 3 Gator Court Construction in the amount of $79,600. $18,000 of the monies will be taken from Council Contingency and the remainder will come from the Recreation Account. Councilwoman Monroe seconded the motion, which was unanimously carried by the City Council. Contamination Report The City Manager stated that after review of bids opened and read at the meeting of 2/20/92 for ITEMS BY THE CITY MANAGER Clyde Beatty Cole Brothers Circus contamination reports, as advertised 2/5/92, he recommended the bid be awarded to Geraghty and Miller of Palm Beach Gardens for $13,495. Vice Mayor Aldred made a motion, seconded by Council- man Kiselewski, to award the bid to Geraghty and Miller of Palm Beach Gardens for $13,495. The motion was unanimously approved by the City Council. The City Manager stated the City has received a request from the Chamber of Commerce asking for permission to have the circus again this year in the same location across from the Gardens Mall. In response to Vice Mayor Aldred, the City Manager stated the City will be named as additional insured. Vice Mayor Aldred made a motion, seconded by Councilman Kiselewski, approving the request CITY COUNCIL REGULAR MEETING, 315192 PAGE 4 for the Chamber of Commerce to hold the Clyde Beatty Cole Brothers Circus in mid November on the Cultural Site adjacent to the Gardens Mall. The motion was unanimously approved by the City Council. LDR Meetings At the recommendation of the City Manager, it was the concensus of the City Council to hold the next LDR meeting on 3/26/92 instead of 3/12/92. Mayor Martino directed staff to post the notice and to add landscaping to the agenda, time permitting. REPORTS BY MAYOR AND CITY COUNCIL Mayor Martino Mayor Martino encouraged the City Council to get involved in the D.A.R.E. graduation programs next year and congratulated the Police Department for the fine work they have done in this area. Mayor Martino also pointed out that Office Jay Spencer of the Palm Beach Gardens Police Department was named Top Cop by the Exchange Club. Councilman Russo In response to Councilman Russo, the City Manager stated that DiVosta is working on plans for a possible use by the Police Department for the building that the Council previously considered. These plans will be presented to City Council once completed. In response to Councilman Russo, the City Manager explained that plans and information were being worked on for a City building on Campus Drive and will be CITY COUNCIL REGULAR MEETING, 3/5/92 PAGE 5 presented to the Planning & Zoning Commission and the City Council when they are complete. Councilman Russo reported attending the meeting of the Recreation Advisory Board. Councilman Russo stated the Board met Bobby Herokavich, the new Director of Parks & Recreation. Councilman Russo stated the Board will present their ideas for the summer program to the City Council the first meeting in April. Councilwoman Monroe Councilwoman Monroe discussed a proposed special exception request being considered by Palm Beach County for a church building at the end of Howell Lane. Richard Walton stated he was aware of this request. The City Council directed Mr. Walton to register the City's intent to be an interested party and ask the County to notify the City of any information regarding this property. Councilwoman Monroe reported she participated in a tour of the wetlands with the committee determining how the bond money will be spent for the environmentally sensitive lands. Councilman Kiselewski Councilman Kiselewski reported on a meeting he attended in Tallahassee in which the Federal Highway Administra- tion, the FDOT and the MPOs discussed how the 151 billion dollars to be received over the next 6 years will be CITY COUNCIL REGULAR MEETING, 3/5/92 PAGE 6 managed. Councilman Kiselewski stated that apparently there would need to be a lot more data collection done on a local level and the purpose seemed to be to take more of the decision making out of the hierarchy and putting into the hands of the local MPOs. Councilman Kiselewski felt there may be a possibility to capture some of these funds for Tri -Rail. MUNICIPAL LEAGUE COMMUNICATIONS Mayor Martino stated members of the City Council have received a copy of the court case re: proposed Palm Beach County Charter Amendment concerning Growth Management. Mayor Martino stated a proponderence of the burden rested on the cities to prove the constitu- tionality of the ballot question and the judge ruled on the side of the County. Mayor Martino stated that the judge's ruling left no doubt as to what the ballot would do or what Ordinance 92 -1 states. Mayor Martino read into the record the judge's ruling. Mayor Martino stated that the County will have clear and complete control if this amendment passes. Mayor Martino stated the Municipal League is also watching the Solid Waste Authority volume based split assessment issue. The Board of Directors will be discussing this on March 11, 1992, and will report to all municipalities. CITY COUNCIL REGULAR MEETING, 3/5/92 PAGE 7 Vice Mayor Aldred stated that the University of Florida Population Program, Bureau of Economic and Business Research, has released a report that states in the decade from 1980 - 1990 2 /3rds of all development and population within Palm Beach County occurred in the unincorporated areas of the County. The County Commission has maintained that the reason they wanted to take over all land use planning for the cities is that the cities are encouraging urban sprawl, however, Vice Mayor Aldred stated that since 2 /3rds of the growth occurred in areas controlled by the County Commission the County cannot accuse the cities of uncontrolled growth. Vice Mayor Aldred stated that in 1991 2 /3rds of development has again occurred in unin- corporated Palm Beach County. CONSENT AGENDA Per the request of Councilwoman Monroe, Resolution 19, 1992 was pulled from the consent agenda. Before considering the remainder of the consent agenda, at the request of Councilwoman Monroe, Resolution 14, 1992, was amended as follows: 4th "WHEREAS" paragraph, first line, add the word "most" after "studies show that...". Resolution 18, 1992, was amended to amend the title to read Gibson Road instead of Givson Road. Councilman Kiselewski made a motion, seconded by Councilwoman Monroe to approve the following items on CITY COUNCIL REGULAR MEETING, 3/5/92 Resolution 19,1992 consent agenda: PAGE 8 1. Approval of minutes of 2/13/92 Special Meeting. 2. Resolution 14, 1992 - Supporting State Constitutional amendment that would provide for voter control of city taxes. 3. Resolution 15, 1992 - Authorizing Mayor & City Clerk to execute revised Interlocal Agreement & Palm Beach County & City for the Enhancement & Maintenance of E 911 Emergency Telephone Number System. 4. Resolution 16, 1992 - Supporting Adoption of a State law to provide revenue for municipalities to be used solely for training & equipment to modernize records management systems. 5. Resolution 17, 1992 - Minor amendment to Lake Catherine PUD approved by Ord. 30, 1989, re: new model. 6. Resolution 18, 1992 - Deeding a portion of Gibson Road to Palm Beach County. Motion was unanimously aproved by the City Council. The City Manager discussed the opportunity to obtain additional frequencies when they are available. The City Manager stated that the City can continue to use present equipment. Deputy Fire Chief Peter Bergel stated that this resolution is necessary because the FCC is asking the City to commit to using these frequencies in the future, over a number of years. The City Manager stated this will give the City a countywide communication system. At the request of Councilwoman Monroe, Resolution 19, 1992, was amended as follows: Last sentence in Section 1: change the word "their" to "its ". Councilwoman Monroe made a motion, seconded by Councilman Russo, to approve Resolution 19, 1992 as amended. CITY COUNCIL REGULAR MEETING, 3/5/92 PAGE 9 Motion was unanimously approved by the City Council. Resolution 16,1992 Resolution 16, 1992, approved on the Consent Agenda, was directed to be amended as follows: Section 1 - remove "either" before "House Bill 81" and add "and" before "Senate Bill 484 ". The amendment was unanimously approved by the City Council. RESOLUTIONS Resolution 11,1992 Richard Walton, Planning & Zoning Director, addressed the City Council re: Resolution 11, 1992, minor amendment to the Loehmann's Plaza PUD, created by Ordinance 14, 1991, re: signage, stating that the issued raised by the City Council was a concern regarding what signage was approved. Mr. Walton stated that the Building Official, Jack Hanson, provided information to the City Council. Councilman Kiselewski questioned how the signs are lit when a CO has not been issued. The City Manager pointed out that a partial CO has been issued. Councilman Kiselewski stated the City Council approved the additional signage, which was inconsistent with the sign ordinance, and allowed variations. Councilman Kiselewski stated he would not be in favor of the requested modifications, stating the whole architectural feature of the shopping center has been disturbed, Councilwoman Monroe concurred with Councilman Kiselewski. Vice Mayor Aldred stated he agreed with Councilman CITY COUNCIL REGULAR MEETING, 3/5/92 PAGE 10 Kiselewski and Councilwoman Monroe, however, for the sake of housecleaning, made a motion to adopt Resolution 11, 1992, seconded by Councilwoman Monroe. Mr. David Taylor, consultant for owner of Loehmann's Plaza, addressed the City Council stating the project is basically complete except for the sidewalk and the building in the second phase. Mr. Taylor pointed out additional improvements made to Loehmann's Plaza and requested some form of relief be considered by the City Council. Vice Mayor Aldred stated that while he applauds the extra work that has been done, it does not give the petitioner the right to change something that has been approved by the Planning & Zoning Commission and the City Council. Councilman Kiselewski suggested a compromise on the request, stating the interior Cycling and Fitness sign be permitted to remain in its present location, however, signs on the towers be relocated to what was originally approved. There was a concensus of the City Council to agree to the compromise. Mr. Taylor, consultant for the petitioner, requested Resolution 11, 1992, be postponed until the 3/19/92 meeting of the City Council to give him time to review documentation of what was approved and what permits were issued. Vice Mayor Aldred withdrew his motion and Councilwoman Monroe withdrew her second. CITY COUNCIL REGULAR MEETING, 3/5/92 PAGE 11 ITEMS FOR DISCUSSION NorthCorp PUD Hank Skokowski, representing the petitioner, stated his client is interested in building a medical facility on NorthCorp property. Mr. Skokowski stated that he had hoped that the interpretation of the use list contained in Ordinance 1, 1990, which approved the PCD, would allow application for an office building for medical and diagnostic uses, however, Attorney Baldwin's opinion was it was not abundantly clear in the ordinance. Attorney Baldwin recommended an amendment to Ordinance 1, 1990, clarifying uses, and felt it would be a minor amendment. Attorney Baldwin stated petitions could be filed con- currently for the amendment to the PCD to clarify per- mitted uses and the PUD application. Attorney Baldwin did not feel the addition of a use would require an amendment to the City's Comprehensive Land Use Plan. Richard Walton, Planning & Zoning Director, stated that at the time the land use was being put on this property mixed use was eliminated and industrial use was put on instead. Mr. Walton pointed out that when medical use is designated the City Council usually puts a limit on how much space can be used for medical. Mr. Skokowski felt this was an issue that needed to be resolved. Mr. Skokowski felt this project differed in that it was a PCD CITY COUNCIL REGULAR MEETING, 3/5/92 PAGE 12 instead of a standard zoning district. Councilwoman Monroe stated she has a problem with deleting small parcels out of the industrial land use. Councilwoman Monroe stated the only way she would entertain this request is by first following the Comprehensive Land Use Plan amendment, and that that would delete from the amount currently applied to the various types of commercial uses under Section 21 of Ordinance 1, 1990. Vice Mayor Aldred stated he had no difficulty enter- taining what was proposed, but would like to be certain the application for change states that whatever the square footage of this proposal would be the maximum amount of medical allowed on this site. Vice Mayor Aldred stated there is a limiting factor here with the maximum daily trips allowed. Councilman Kiselewski stated he does not agree that the City has to hold industrial land because the City is not isolated. Councilman Kiselewski stated that he would not have a problem with the proposal, if traffic permits. Councilman Russo stated he would entertain the proposal, however, stated he is concerned about traffic. Council- man Russo stated that he would have a problem approving this building without impact fees for police and fire. CITY COUNCIL REGULAR MEETING, 3/5/92 PAGE 13 Councilman Kiselewski pointed out that when the original approval was done for this PCD there were provisions for road impacts, however, they were all for Burns Road. Councilman Kiselewski was concerned that if this medical facility used the 3000 trips out of the allotted 6000 trips that the intersection of PGA and RCA Boulevards would be even worse. Mayor Martino stated the petitioner would need to obtain a legal opinion from the City Attorney re: necessity for an amendment to the City's Comprehensive Plan, file for a PCD modification and a PUD application. Mayor Martino stated that these could be concurrent processes. First Union Richard Walton, Planning & Zoning Director, addressed the City Council and reviewed the request for site plan approval to construct two additional drive -in teller lanes to the First Union Bank located at the southeast corner of Northlake Boulevard and Military Trail. Mr. Walton stated that the Council requested petitioner consider including trees and landscaping to soften the retention area immediately east of this site. The property owner refused to allow this to be done, however, stated he would agree for the bank to be responsible to install a hedge along the retention area, to be no higher than 30 inches. Councilwoman Monroe expressed her dis- satisfaction with the property owner requiring this CITY COUNCIL REGULAR MEETING, 3/5/92 PAGE 14 petitioner to fix landscaping to bring it up to code when it should be the owner's responsibility. Mr. Corey Cross, representing First Union Bank, stated they have added 20 additional trees to the site and are proposing to add a hedge on Lassiter's property to bring the area up to code. It was the concensus of the City Council to allow 2 drive -thru teller lanes. The City Council directed the City Attorney to prepare the necessary documentation for the Council's consider- ation of approval at the next meeting, to be placed on the consent agenda. St. Mark's Pavillion Richard Walton, Planning & Zoning Director, addressed the City Council re: request from St. Mark's Episcopal Church to construct a 2304 square foot outdoor pavillion on the church campus located north of Burns Road and east of the proposed Campus Drive extension. Mr. Craig Livingston, architect, stated the building would be located on the north side of the existing parish hall. Mr. Livingston stated they would be relocating existing trees, adding additional landscaping and repairing remainder of landscaping once Campus Drive is complete. Mr. Livingston stated the building would be compatable with the rest of the campus and assured the CITY COUNCIL REGULAR MEETING, 3/5/92 PAGE 15 City Council there are no plans to use this building for any other use in the future that would require the building to be closed -in. The City Council directed the City Attorney to prepare the necessary documents for their consideration of approval at the next Council meeting, placed on the consent agenda. Staff was directed to research whose responsibility it is to put in the sidewalk along Campus Drive. Comfort Inn Richard Walton, Planning & Zoning Director, addressed the City Council re: request to amend the Gardens Suites Hotel PUD (a /k /a Comfort Inn) to allow for the construc- tion of a swimming pool facility and the renovation of the former bank out - building located at 11320 U.S. High- way One. Mr. Donaldson Hearing, agent for Devitt - Tolley Partnership, addressed the City Council stating that a recent market study showed they are losing room rentals due to not having a swimming pool. Mr. Hearing stated that while the proposed plans would necessitate the loss of 6 parking spaces, leaving 98 spaces, there would be sufficient parking spaces left to accommodate the number of hotel rooms. Mr. Hearing further pointed out that the original plans provided 10 parking spaces for employees, however, only 5 employees are on duty at any given time, CITY COUNCIL REGULAR MEETING, 3/5/92 Additional City Council Comments PAGE 16 and pointed out that parking on the back side of the building is not used. Mr. Hearing stated that the small meeting room that will replace the bank building would be a direct ancillary use to the hotel and would not include a game room. Mr. Hearing showed proposed elevations facing U.S. One and stated that the building would be architectually computable with the hotel, including the landscaping. In response to Councilman Kiselewski re: protection of the swimming pool, Mr. Hearing stated there is an existing wall that is approximately 42 inches above grade. Additionally, Mr. Hearing, stated an aluminum fence would be added. City Council directed staff to determine if Unity of Title had been received on this property before continuing through the process. Councilwoman Monroe Councilwoman Monroe requested staff do an update on the report in terms of the list of properties she sub- mitted that were not in compliance with the landscape code or plans. In response to Councilwoman Monroe, the City Manager stated the judgement for the lawsuit re: golf course has been delayed until March 27, 1992. CITY COUNCIL REGULAR MEETING, 3/5/92 PAGE 17 ADJOURNMENT There being no business to discuss, the meeting was APPROVAL adjourned at 10:45 p.m. MAYOR MICHAEL MARTINO `� VICE MAYOR DICK A] MED Zxe L�DA V. KOSIER, CITY CLERK COUNCILWOMAN LINDA MONROE COUNCI DONA D KISELEWSKI �- OUNCiLMAN JOSEPH RUSSO