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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
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VICE MAYOR DICK A] MED
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L�DA V. KOSIER, CITY CLERK
COUNCILWOMAN LINDA MONROE
COUNCI DONA D KISELEWSKI
�- OUNCiLMAN JOSEPH RUSSO