HomeMy WebLinkAboutMinutes Council 060492CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
JUNE 4, 1992
The Regular Meeting of the City Council of the City of
Palm Beach Gardens, Florida, was called to order 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 Acting Deputy City Clerk called the roll and present
were Mayor Martino, Councilwoman Monroe and Councilman
Kiselewski. Vice Mayor Russo and Councilman Aldred were
not in attendance, as they were out of town on business.
ANNOUNCEMENTS Mayor Martino stated the announcements were as posted on
the Bulletin Board.
PT ESENTATIONS
URBAN FORM 2010 Dennis Foltz, Palm Beach County Planning Director,
presented a slide show re: Urban Form Study being
undertaken in response to a Policy in the Land Use Element
of the Palm Beach County Comprehensive Plan, which calls
for a study that will seek to identify a land use form
that minimizes urban sprawl and provides for the most
efficient provision of services and facilities.
CALL FOR BIDS The City Manager stated staff's recommendation awarding
the bid for the Thompson River Project was Murray Logan
Construction in the amount of $145,284.00. In response to
Councilwoman Monroe, the City Manager stated the funds
will come from bond money appropriated several years ago.
Councilman Kiselewski made a motion to approve the
recommendation of the City Manager and the City Engineer,
to award the bid for the Thompson River Project to Murray
Logan Construction, in the amount of $145,284.00; seconded
by Councilwoman Monroe. The motion was unanimously
approved by the City Council.
ITEMS BY THE
ONAGER
TRAFFIC IMPACT
The City Manager requested direction from the City Council
for an interim policy relating to requirements for a
traffic impact analysis as part of the consideration of
granting a time extension to previously approved projects.
The City Manager referenced a memorandum dated 6/2/92,
from David Getz, City Engineer, outlining a policy on such
projects. The memorandum recommended 1,000 generated
daily trips be the threshold, with projects over 1,000
daily trips being required to provide a traffic impact
analysis and projects with less than 1,000 daily trips,
being reviewed by and a recommendation coming from the
City Engineer.
Councilman Kiselewski made a motion directing Attorney
Brant to prepare a Resolution incorporating Mr. Getz's
memorandum, for consideration of approval by the City
Council at their Regular Meeting of 6/18/92; seconded by
Councilwoman Monroe. The motion was unanimously approved
CITY COUNCIL REGULAR MEETING, 6/4/92
PAGE 3
by the City Council.
MPO Councilwoman Monroe made a motion directing staff to send
the proposed letter to the MPO re: Mpo's Proposed Long
Range Bikeways Facility Plan; seconded by Councilman
Kiselewski. The motion was unanimously approved by the
City Council.
WORKSHOP MEETING The City Manager reminded the Council of the Workshop
Meeting to be held Monday, 6/8/92, with Inter -City and
County EMS.
ITEMS BY MAYOR
AND COUNCIL
COUNCILMAN
Councilman Kiselewski stated he will be out of town for
the MPO meeting on 6/18/92, and directed his agenda
package for the meeting be delivered to City Hall for the
council member who will attend the meeting in his place.
Councilman Kiselewski expressed concern with the Police
Department sending out letters to residents soliciting
funds for the D.A.R.E. program and requested this item be
considered at budget time.
COUNCILWOMAN
MONROE Councilwoman Monroe stated she spoke with the City Manager
re: City watering trees during daytime.
MUNICIPAL LEAGUE
INTERGOVERNMENTAL
COORDINATION
ELEMENT Rich Walton, Director of Planning and Zoning, addressed
the City Council bringing them up to date on the Planners
CITY COUNCIL REGULAR MEETING, 5/4/92 PAGE 4
�. Group which was organized to develop a program which would
fill the needs created by the repeal of the Countywide
Planning Council and the results of the March 10th
referendum. Mr. Walton stated the planners group
anticipates finalizing its proposal for presentation to
the Municipal League, Board of County Commissioners and
other agencies /entities by the end of June or early July.
CONSENT AGENDA Councilwoman Monroe made a motion; seconded by Councilman
Kiselewski, to approve the following items on the Consent
Agenda:
1. Approval of Minutes of Regular Meeting, 5/21/92.
2. Proclaiming 6/14/92 as "Flag Day ".
3. Resolution 48, 1992 - Granting an easement to
Seacoast Utility Authority beginning at the southeast
corner of "The Plat of Golfers Village".
The motion was unanimously approved by the City Council.
PUBLIC HEARINGS
RESOLUTION
The Mayor declared the Public Hearing open, which was duly
advertised 5/20/92, and held on the intent of a sign
variance for the Mobil Oil Station located at 4201
Northlake Boulevard, Palm Beach Gardens, Florida.
Attorney Brant stated the petitioner is requesting a
variance of 15 feet from the required 300 feet required of
property line abutting a public right -of -way for a ground
sign.
Mr. Paul Yesbeck, Vice President of Claude Neon Signs,
representing Petitioner, Mobil Oil Company, addressed the
-- City Council and stated this is the only variance being
CITY COUNCIL REGULAR MEETING, 6/4/92 PAGE 5
requested. Mr. Yesbeck stated the existing ground sign is
approximately 28 square feet, 316" x 811 ". Mr. Yesbeck
stated the petitioner is requesting a ground sign, which
will include a price sign, approximately 5' x 816 ".
After further discussion, Councilwoman Monroe stated she
believed the petitioner could work with the existing sign,
which is lower to the ground, rather than constructing a
larger sign.
Councilman Kiselewski made a motion to approve Resolution
46, 1992, granting a variance to the requirement of
Section 155.09(A) Sign Code of the Palm Beach Gardens Code
to the Mobil Oil Corporation at its site located at 4201
Northlake Boulevard, Palm Beach Gardens, Florida; seconded
by Councilwoman Monroe. The motion was approved by a vote
of 2 ayes and 1 nay. The nay vote was cast by
Councilwoman Monroe for reasons previously stated.
ORDINANCE
7, 1992 The Mayor declared the Public Hearing open, which was duly
advertised 5/2/92, and held on the intent of Ordinance 7,
1992, the Minimum Housing Code.
There being no comments from the public, the Mayor
declared the Public Hearing closed.
Per a unanimous vote of the City Council, the Acting
Deputy City Clerk read, by title only, on second and final
reading, Ordinance 7, 1992.
Councilwoman Monroe made a motion to adopt Ordinance 7,
1992; seconded by Councilman Kiselewski. The motion was
CITY COUNCIL REGULAR MEETING, 6/4/92 PAGE 6
-- unanimously approved by the City Council.
ORDINANCE
14, 1992' The Mayor declared the Public Hearing open, which was duly
advertised 5/20/92, and held on the intent of Ordinance
14, 1992, Amending Ordinance 26, 1991, same being the
Budget for 1991/1992 Fiscal Year.
There being no comments from the public, the Mayor
declared the Public Hearing closed.
Per a unanimous vote of the City Council, the Acting
Deputy City Clerk read, by title only, on second and final
reading, Ordinance 14, 1992.
Councilwoman Monroe made a motion to adopt Ordinance 14,
1992; seconded by Councilman Kiselewski. The motion was
unanimously approved by the City Council.
RESOLUTIONS
RESOLUTION
44, 1992 Per a consensus by the City Council, the following
amendments were made to Resolution 44, 1992, Comments from
the Public:
1. In the 5th WHEREAS, line 2, delete "and" and the "y"
on "any ".
2. In Section 1., B. (1), last line, delete "for each
subject ".
Councilman Kiselewski made a motion; seconded by
Councilwoman Monroe, to approve Resolution 44, 1992, as
amended. The motion was unanimously approved by the City
Council.
-SOLUTION
1992 Per a consensus of the City Council, the following
CITY COUNCIL REGULAR MEETING, 6/4/92
ORDINANCES
PAGE 7
amendments were made to Resolution 45, 1992, Emergency
Medical Committee:
1. In the 3rd WHEREAS, 3rd line, delete "aired" and
insert "discussed".
2. In Section 2., 1st line, after (5), insert "regular"
and after "members" insert "and five (5) alternate
members ".
3. In Section 2., 2nd line, after "a" insert "regular"
and after "member" insert "and an alternate member to
said member ".
4. In Section 2., 2nd paragraph, 3rd line, after
"meeting" insert "and subsequent meetings shall be
held within fifteen (15) working days of the receipt
of a complaint in the City Manager's office ".
5. In Section 3., 2nd line, after "for" delete
"administrative review and subsequently submitted"
and insert "distribution to" and after "Committee"
insert "and all parties identified in the complaint ".
6. In Section 3., page 2, 2nd line, delete "A report of"
and in the 4th line, after "Council" insert "and
Inter - City."
7. In Section 4., 7th line, delete "The remedy shall be
the responsibility of the Administration and the City
Council ".
Per a unanimous vote of the City Council, the Acting
Deputy City Clerk read in full, Resolution 45, 1992, as
amended.
Councilman Kiselewski made a motion; seconded by
Councilwoman Monroe, to adopt Resolution 45, 1992, as
amended. The motion was unanimously approved by the City
Council.
ORDINANCE
Attorney Brant stated the City has received copies of the
Palm Beach and Boca Raton newsrack codes and recommended
postponing Ordinance 5, 1992, Newsrack Ordinance, until
these codes could be reviewed and amendments made to
CITY COUNCIL REGULAR MEETING, 6/4/92
Ordinance 5, 1992.
PAGE 8
Attorney Brant stated, at that time, a
copy of the proposed newsrack ordinance would be forwarded
to the three major newspapers in the area for their input.
ORDINANCE
12, 1992 Per a consensus of the City Council, the City Engineer and
staff was directed to incorporate certain definitions into
ordinance 12, 1992, Concurrency Management System, before
the Public Hearing scheduled for the Regular Meeting of
6/18/92.
ORDINANCE
X1992 Rich Walton, Director of Planning and Zoning, addressed
the City Council re: Ordinance 15, 1992, Gardens Walk Time
Extension, stating in Section 1., the time period should
be changed to one (1) year, per petitioner's request.
Per a consensus of the City Council, this amendment will
be made prior to the public hearing schedule for 6/18/92.
ORDINANCE
Rich Walton, Director of Planning and Zoning, addressed
the City Council regarding the outstanding concerns re:
Ordinance 16, 1992, amending Ordinance 50, 1988, which
created Gardens Walk PUD by amending approved site plan
together with other terms and conditions (Toys 'R' Us).
Raymond Royce, agent for Petitioner, addressed the City
Council stating petitioner will reduce the proposed sign
to 4' x 15' on a 2' base; the sign will be one color with
no giraffes; the colors and numbers will be placed on the
site plan; the sign will be located 25' back from the
right -of -way along PGA Boulevard; the 9' x 18' parking
CITY COUNCIL REGULAR MEETING, 6/4/92
PAGE 9
-- spaces will be double- stripped; 1 parking space has been
eliminated, per David Getz's recommendation, and added
more landscaping in that location; and, they have
eliminated the 5' landscape strips, making one 10'
landscape strip down the middle of the parking lot and an
extra 5' landscape strip along the sidewalk on the east
side of the project while retaining the tree islands.
Mr. Royce stated he is unfamiliar with a memorandum from
Mark Hendrickson re: 60' of median along PGA Boulevard and
asked that petitioner not be assessed proportionately hard
with median improvements.
Mayor Martino stated the median improvements are a
maintenance fee of $254.10 per year.
`f Mr. Royce was directed to meet with staff concerning this
issue before the meeting of 6/18/92.
Councilwoman Monroe requested a copy of the landscape plan
indicating the planting height, before the next meeting.
Councilman Kiselewski suggested the City Council consider
amending the Ordinance requiring the 55' right -of -way
along PGA Boulevard. Per a consensus of the City Council,
this item will be placed on the Council's pending list.
Per a consensus of the City Council, the following
amendments were made to Ordinance 16, 1992:
1. Section 2, page 2, #6, 2nd line, delete "wall /or
other opaque architectural treatments ".
2. Section 2., Page 2, #8, 2nd line, deleting "re" from
"There" and line 3., deleting "shall be credited
against monies" and inserting "shall be credited to
-- said contribution ".
CITY COUNCIL REGULAR MEETING, 6,
3. Section
4. Section
Manager
and "be
5. Section
(4/92 PAGE 10
2., page 3, #11, delete Condition #11.
2, page 3, #12, line 1, delete "The Store
shall designate a specific "; "whose job it ",
to" and add an "s" after "Employee:.
2, page 3, #17, delete Condition #17.
Ordinance 16, 1992 is scheduled for Public Hearing at the
Regular Meeting of 6/18/92.
ITEMS FOR
N
RESOLUTION
Rich Walton, Director of Planning and Zoning, addressed
the City Council re: Resolution 47, 1992, Anspach Effort
at NorthCorp, and reviewed the outstanding issues from the
last workshop of 5/28/92 as follows: 1) verify the
proposed signage, 2) receipt of detailed landscape plan,
`f particularly in the rear; 3) color renderings showing
Phase 2; 4) western elevation be softened; 5) conditions
in the original document being included in the Resolution;
and, 6) condition resolving the conflict of timing of the
realignment of Riverside Drive. Mr. Walton stated the
Petitioner has not submitted detailed landscape plans, the
color renderings or the elevations for Phase 2. Mr.
Walton stated Mr. Brant has included in the Resolution a
condition requiring the compliance of 2 items as part of
the PCD. Mr. Walton stated Mr. Brant is recommending a
letter of credit or bond guaranteeing the on -site
improvements be provided to the City prior to the issuance
of the Building Permit to take care of the realignment of
CITY COUNCIL REGULAR MEETING, 6/4/92 PAGE 11
Riverside Drive.
Per a consensus of the City Council, in Section 2., B (9)
was amended as follows:
1. line 12, delete "otherwise "; put a 11.11 after
"Manager "; capitalize "no" and in the last line
insert "until the bond is posted" after "issued ".
In response to Mayor Martino, Attorney Brant stated he has
reviewed the plans and felt the proposed sign met the
requirements of the code.
Young Song, agent for Petitioner, addressed the City
Council and reviewed the landscape plan, parking plan and
the west elevation.
Ms. Song was directed to contact Mark Hendrickson, City
Forester, to discuss the proposed landscape plan and to
obtain Mr. Hendrickson's approval before the next meeting.
Don Murakami, addressed the City Council further detailing
the proposed landscape plan.
There was a consensus of the City Council for Petitioner
to add canopy trees with ample spread, live oaks, where
the high windows are located on the west elevation.
In response to Councilman Kiselewski, Mr. Murakami stated
all health and safety requirements of the County will be
adhered to re: the proposed pools.
Per a consensus of the City Council, Resolution 47, 1992,
will be scheduled for consideration of approval at the
Regular Meeting of 6/18/92.
CITY COUNCIL REGULAR MEETING, 6/4/92 PAGE 12
'±% PICAL SANDS
CHURCH Rich Walton, Director of Planning and Zoning, addressed
the City Council stating Tropical Sands Christian Church
has requested site plan approval for a 5,600 square foot
expansion to the existing 6,678 square foot church. The
church is located on a 3 acre site at the southeast corner
of Burns Road and Allamanda Drive. The petitioner is
proposing 31 additional grass parking spaces with a 25
foot paved drive isle, which brings parking to a total of
77 parking spaces (46 paved) and 4 handicap spaces, which
does meet code. Mr. Walton stated there is a 36" diameter
Live oak tree located within the site of the future
southern wing. The petitioner has agreed to repair and
maintain the sod between the curb and sidewalk along
Allamanda Drive. Mark Hendrickson noted there were areas
that will not have irrigation and per Code, all landscaped
areas must be irrigated. Mr. Walton stated the Planning
and Zoning Commission has recommended approval of this
petition with 8 conditions.
In response to Councilman Kiselewski, Mr. Walton stated if
the tree dies, mitigation is 3 for 1.
In response to Mayor Martino, Mr. Walton stated when the
petition left the Planning and Zoning Commission, the tree
was to be relocated to the northeast corner of the site.
Richard L. San Giovanni, agent for Petitioner, addressed
the City Council stating the Petitioner does not plan to
do anything different from the Planning and Zoning
CITY COUNCIL REGULAR MEETING, 6/4/92
PAGE 13
-- Commission recommendations. Mr. San Giovanni stated the
Planning and Zoning Commission recommended the
construction be done in phases to allow time for root
pruning the tree for relocation. Mr. San Giovanni
reviewed the site plan and uses, and the parking plan.
Bob Bentz, Land Design South, addressed the City Council
and reviewed the proposed landscape plan. Mr. Bentz
stated there will be 9 additional trees planted on the
site. Mr. Bentz stated, after discussion with several
landscape relocation companies, there was a consensus the
tree could be moved to another location. Mr. Bentz stated
there are some problems concerning the asphalt around the
tree, but believes the tree can be moved. Mr. Bentz
stated it will cost approximately $5,000 to move the oak
tree. Mr. Bentz requested the City Council consider a
lower mitigation should the tree not survive the
relocation.
Milton L. Mikesell, Pastor of Tropical Sands Christian
Church, addressed the City Council and asked the Council
to consider lowering the mitigation should the tree die.
Mr. San Giavanni reviewed the elevations and the proposed
functions of the expansion.
Councilman Kiselewski and Councilwoman Monroe stated they
were uncomfortable and expressed concern with moving the
tree.
The Petitioner stated the conditions recommended by the
CITY COUNCIL REGULAR MEETING, 6/4/92 PAGE 14
-- Planning and Zoning Commission were acceptable.
Fred Stiles, Chairman of the Building Committee, addressed
the City Council and in response to Councilman Kiselewski,
stated the Church does have a Master Plan.
Councilwoman Monroe requested Mr. Walton to ask Mr.
Hendrickson to look at the power lines in the area and if
there will be any problem with the canopy of the tree.
There was a consensus by the City Council directing the
City Attorney to prepare a Resolution for consideration of
approval at the Regular Meeting of 6/18/92.
ADJOURNMENT There being no further business to discuss, the meeting
was adjourned at 12:33 A.M.
CITY COUNCIL REGULAR MEETING, 6/4/92
a
APPROVAL
MAYOR MARTINO
VICE MAYOR ALDRED
tXA M. RIEF
ACTING DEPUTY CITY CLERK
PAGE 15
COUNCILMAN ALDRED
COUNCILWOMAN MONROE
COUNCILMAN KISELEWSKI