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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