Loading...
HomeMy WebLinkAboutMinutes Council 091792I CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS SEPTEMBER 17, 1992 The Regular Meeting of the City Council of Palm Beach Gardens, Florida, was called to order by Mayor 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 Russo and Councilman Kiselewski. Councilwoman Monroe was absent as she was out of town. ANNOUNCEMENTS Mayor Martino stated the announcements were as posted on the agenda and bulletin boards. CALL FOR `'5 The City Manager stated bids for the Towing Contract as duly advertised 8/19/92 and opened and read at the Regular Meeting of 9/3/92 were reviewed and it was his recommendation that the bid be awarded to Lyons Towing of Lake Park. Councilman Kiselewski made a motion to approve the recommendation of the City Manager. Mr. Howard Kauff of Kauff Towing addressed the City Council requesting the City disregard the bid received and have the contract rebid as he did not see the legal advertisement in the newspaper. Mr. Alan Gold, General Manager of Lyons Towing, addressed the City Council stating that it would be unfair to rebid the contract as their bid has been opened and read, eliminating �' the fairness of sealed bidding. CITY COUNCIL REGULAR MEETING, 9/17/92 PAGE 2 The City Attorney stated that the bid was properly advertised in the Palm Beach Post and did not feel that the City was responsible to personally contact every potential bidder. In response to Vice Mayor Russo, the City Manager pointed out this was a 3 year contract. Vice Mayor Russo felt there should be no extensions after 3 years. Vice Mayor Russo seconded Councilman Kiselewski's motion to approve the awarding of the bid for the towing contract to Lyons Towing. The motion passed by a vote of 2 ayes and 1 nay, with Mayor Martino casting the nay vote. ITEMS BY THE CITY MANAGER PGA National Amendment It was the concensus of the City Council to establish October 151 1992, as the date for the public hearing re: PGA National Resort Community DRI Amendment. Comprehensive Plan Amendment #91 -2 Richard Walton, Planning & Zoning Director, addressed the City Council stating since no new input has been received regarding Comprehensive Land Use Plan Amendment #91 -2, the October 1 Input Meeting will be cancelled, however, written comments will be accepted up to October 1. Councilman Kiselewski made a motion, seconded by Vice Mayor Russo, to approve October 15, 1992, as the date for First Reading for this amendment, and October 22, 1992, for a Public Hearing. The motion was unanimously approved. CITY COUNCIL REGULAR MEETING, 9/17/92 .� ITEMS BY MAYOR AND CITY COUNCIL PAGE 3 Expired PUDs Mayor Martino stated the Council needed to determine policy re: expired or about to expire Planned Unit Developments. Vice Mayor Russo stated he would like to somehow tie this to building permits and Certificates of Occupancy, or to an active project. Councilman Kiselewski felt the policy should say you must have pulled a building permit every 4 months, or 3 a year. Councilman Kiselewski stated perhaps this could be done on a percentage of the project being completed. Mayor Martino pointed out that the PUDs on the list supplied by Planning & Zoning are, for the most part, part of a PCD or DRI, and felt that a PUD on its �"' own should be brought back and considered. Richard Walton was directed to discuss legalities with the City Attorney and report back to the City Council with recommendations. Vice Mayor Russo Vice Mayor Russo stated that bills for burglar alarms have been sent out and he is again receiving telephone calls regarding same. Vice Mayor Russo requested this subject be brought back before the City Council for discussion. Vice Mayor Russo reported he attended a meeting of the Recreation Advisory Board who expressed concern re: Oaks property donated to City being unusable and under water. The City Manager stated that some of the land is part of a platted easement for a drainage system that has CITY COUNCIL REGULAR MEETING, 9/17/93 PAGE 4 been there all along. Vice Mayor Russo requested the City respond to the Recreation Advisory Board for clarification. Councilman Kiselewski Councilman Kiselewski reported he attended a meeting of Metropolitan Planning Organization re: Transportation Improvement Program. MUNICIPAL LEAGUE COMMUNICATIONS Mayor Martino reminded the residents and City Council that there would be a debate between the District 1 County Commission Candidates at 7:30--9:30 P.M., Town Council Chambers, 9/24/92, Juno Beach. Mayor Martino stated that the City Council must vote for 2 members for the Countywide Intergovernmental Coordination Task Force. Councilman Kiselewski made a motion, seconded by Vice Mayor Russo, to advise the the Municipal League that the City of Palm Beach Gardens casts its votes for Joseph Russo and David Hinsa. The motion was unanimously approved by the City Council. COMMENTS FROM THE PUBLIC Mayor Martino stated several people have requested to address the City Council re: Intercity. Mayor Martino read a letter into the record from Mr. Robert Butterfield, EMS Manager, Department of Public Safety, Office of Emergency Medical Services to the City Manager. (Copy Attached) Lauren Furtado, 4318 Crestdale Street, Palm Beach Gardens, read into the record a letter from Dr. Laurence Schlanger, M.D. CITY COUNCIL REGULAR MEETING, 9/17/92 PAGE 5 former Medical Director for Inter -City EMS. (Copy attached) Eric Jablin, 184 Thornton Drive, Palm Beach Gardens, addressed the City Council expressing his concern with Inter -City administrative problems, requesting the City Manager re- instate the Fire Department as first responder and requesting additional powers for the Emergency Medical Committee of the City. Mr. Perez, a paramedic for Inter -City, addressed the City Council stating that all contractual obligations with the City of Palm Beach Gardens are being met. Mayor Martino pointed out that Inter -City does have a bunch people working for it that are professional, dedicated, " caring and conscientious. Mayor Martino stated it would be prudent to get some explanations from Inter- City's Board of Directors as to what is happening with the operation and administration. Beyond that it would be prudent for the City to investigate, as the contract draws to it's conclusion, something more viable or other alternatives. Mayor Martino pointed out that in making that statement he in no way infers that the employees or the service that he has seen thus far provided by Inter - City has been anything less than exemplary. However, as a business person and a long time City Council person, Mayor Martino stated he is not satisfied with Inter- City's administration and lack of overall reputation. OFM CITY COUNCIL REGULAR MEETING, 9/17/92 PAGE b Councilman Kiselewski pointed out that Inter -City bid on a contract and was awarded with the contract. Councilman Kiselewski further stated that as far as additional powers being given to the City's Emergency Medical Service Committee to make it an evaluator of services was not what he established that Board to do. Councilman Kiselewski felt that once someone has bid a piece of work to be done for the City he did not believe that if they were fulfilling their contract the City had any right to explore their books, procedures, etc., as long as they were giving the City what they said they would. Councilman Kiselewski requested the City Manager re- evaluate his position re: first responder. Vice Mayor Russo stated when this discussion came up a number of months ago he wanted the Fire Department men trained and wanted the Fire Department as the first responder because he felt they were better equipped and trained. Vice Mayor Russo expressed concern that the City Council would not be meeting again until October 15, 1992, and felt something must be done tonight to further protect the residents of Palm Beach Gardens. Vice Mayor Russo stated he would like to implement a plan were our men get trained. Vice Mayor Russo made a motion to proceed to make the Fire Department first responders, seconded by Councilman Kiselewski. A discussion ensued re: what it meant CITY COUNCIL REGULAR MEETING, 9/17/92 PAGE 7 to be first responder. Councilman Kiselewski added a period of 3 weeks to the motion, making it a motion that the letter from the City Manager re: first responder be tabled, and the Fire Department become first responder for 3 weeks, until the City Council meets again and until the City Manager can make a recommendation. Councilman Kiselewski requested City Administration keep a log as to what these instances were, how often they occurred, what kind of equipment responded, etc. so it can be evaluated in three weeks. The motion was unanimously approved by the City Council. ISENT AGENDA Councilman Kiselewski made a motion, seconded by Vice Mayor Russo, to approve the following items on the Consent Agenda: 1. City Council Minutes of 9/3/92 Regular Meeting. 2. City Council Minutes of 9/10/92 Regular Meeting. 3. Proclaiming 9/21 -25/92 as "Industry Appreciation Week ". 4. Proclaiming 10/4 -10/92 as "Florida City Government Week ". 5. Proclaiming 10/92 as "Child Care Awareness Month ". 6. Resolution 74, 1992 - Approving Revised 1993 Tennis Membership Rates. 7. Approval of amendments to Resolutions 58 & 65, 1992, as directed at the 9/3/92 Regular City Council Meeting. The motion was unanimously approved. VARIANCES Resolution 75, 1992 Mayor Martino pointed out that Resolution 75, 1992, concerned a request for a landscape variance which would require the City Council to sit as the Landscape Committee of Adjustments. Mark Hendrickson, City Forester, addressed the City Council, stating the reason for this request was partly because of CITY COUNCIL REGULAR MEETING, 9/17/92 PUBLIC HEARINGS PAGE 8 work that was done on Military Trail. The Forester expressed no concerns with what was proposed. Mrs. Morgan Manyon of Palm Beach Federal Savings & Loan, along with her landscaper, addressed the City Council, stating they are requesting a variance to Section 153.20A (Landscape Code) re: landscape strips to allow a 4 foot wide strip instead of the 15 foot required. They were also requesting a variance to Section 153.20 -C of the Landscape Code to eliminate the trees required by the approved Landscape Plan and the present requirement of one tree every 20' on center along public road right-of-way. The City Council did not have a problem with the variance for the decrease in landscape strips, however, suggested the petitioner install 4 foot trees. The City Council directed staff to reword Resolution 75, 1992, to include these comments and if new plans include these comments, the resolution could be placed on the Consent Agenda of the 10/15/92 City Council agenda. Resolution 76, 1992 Mayor Martino declared the Public Hearing open, which was duly advertised 9/2/92 and held on the intent of Resolution 76, 1992, abandoning 6 feet of a utility easement on Lot 61, Oaks East, Plat 1, as recorded in Plat Book 67, pages 199- 202, Public Records of Palm Beach County, Florida. There being CITY COUNCIL REGULAR MEETING, 9/17/92 PAGE 9 no comments from the public, Mayor Martino declared the public hearing closed. Councilman Kiselewski made a motion to adopt Resolution 76, 1992, seconded by Vice Mayor Russo. The motion was unanimously approved by the City Council. Resolution 84, 1992 Mayor Martino stated that Resolution 84, 1992, levied a tax of 3.37 mills on non - exempt personal property located within the corporate limits of the City for the year ending 12/31/92. Mayor Martino pointed out that the City's millage rate was lower than last years. Councilman Kiselewski made a motion, seconded by Vice Mayor Russo, to approve Resolution 84, 1992. The motion was unanimously approved by the City Council. Ordinance 21,1992 Mayor Martino declared the Public Hearing open, which was advertised 9/2/92 and 9/14/92 and held on the intent of Ordinance 21, 1992, levying a tax on real & personal property located within the City of Palm Beach Gardens for year ending 12/31/92; affixing a total valuation thereon for said year; adopting a Fiscal Budget for the Fiscal Year beginning 10/1/92 and ending 9/30/93, inclusive; appropriating funds for expenditures. Mrs. Margie McGuire, 328 Sandtree Drive, addressed the City Council requesting explanations re: City Council budget. Mrs. McGuire was informed that Council salaries were CITY COUNCIL REGULAR MEETING, 9/17/92 PAGE 10 not the only item in the City Council budget and was given a copy of the back up sheets for the budget to further help her understand what items were included. There being no further 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 21, 1992. Councilman Kiselewski made a motion, seconded by Vice Mayor Russo, to adopt Ordinance 21, 1992. The motion was unaniomusly approved by the City Council. RESOLUTIONS Resolution -./ 1992 Richard Walton, Planning & Zoning Director, addressed the City Council re: Resolution 77, 1992, amendment to Resolution 5, 1989, which approved Mr. Bubbles Car Wash, re: signage and canopy. Mr. Walton stated at the last meeting the Council had concensus to modify the landscaping adjacent to the ground sign in lieu of raising the sign two feet. However, the petitioner no longer requests raising the ground sign two feet. There was also a concensus not to allow an additional roof mounted sign, however, petitioner is now requesting a wall mounted sign on the west elevation of the building. At the last meeting the Council requested further clarification of the Fire Department letter. Mr. Walton stated the petitioner has met with the Fire Department and will provide a stablized �✓ subgrade emergency access point, with valley curbing, at the CITY COUNCIL REGULAR MEETING, 9/17/92 Resolution PAGE 11 southeast corner of the site, which will require the re- location of one tree. Petitioner stated he does not want to raise the ground sign two feet, but would just move the landscaping. Petitioner stated the requested wall sign was in compliance with the City's Sign Code. Petitioner was directed to meet with staff to make sure he agrees with everything discussed and directed staff to ensure all agreements are in the resolution. If there are no further concerns, Resolution 77, 1992, will be placed on the Consent Agenda for the 10/15/92 City Council Meeting. 78, 1992 In response to Vice Mayor Russo, the City Manager stated that all costs for the attorney, auditor and engineer remain the same as last year, with the exception of the auditor which is a little higher because of the addition of the golf course. Councilman Kiselewski made a motion, seconded by Vice Mayor Russo, to approve Resolution 78, 1992, reappointing certain individuals /firms to various offices of the City. The motion was unanimously carried. Resolution 79, 1992 Councilman Kiselewski made a motion, seconded by Vice Mayor Russo, to approve Resolution 79, 1992, establishing and adopting the minimum and maximum salaries of the job classifications in the Merit System of the City. Resolution 79, 1992, was unanimously adopted by the City Council. ✓ Councilman Kiselewski requested information re: where CITY COUNCIL REGULAR MEETING, 9/17/92 PAGE 12 employees fall within the minimum and maximum scales. Resolution 80, 1992 At the direction of the City Council, Holly Vath, Data Processing Director was moved under "Department Heads ". Councilman Kiselewski made a motion, seconded by Vice Mayor Russo to approve Resolution 80, 1992, appropriating salaries and fringe benefits for all Department Heads and designated Assistant Department Heads and Officers of the City. Resolution 80, 1992, was unanimously adopted by the City Council. Resolution 81, 1992 Vice Mayor Russo requested Resolution 81, 1992, be tabled until the next meeting of the City Council as he would like a chance to evaluate the City Manager. Councilman Kiselewski stated he did not have a problem evaluating the City Manager, but felt he should be given goals and objectives and evaluated at the end of that year. Mayor Martino stated this subject has been discussed before along the lines of the suggestion of Council- man Kiselewski. Mayor Martino suggested the blanks in Resolution 81, 1992, be filled in as follows: $91,800 /Annually and $1765.38 /Weekly. Mayor Martino stated he evaluated the City Manager on a daily basis and is pleased to have Mr. Orr as the City Manager. Councilman Kiselewski suggested the annual salary be rounded to $92,000, with $1769.23 weekly. Councilman Kiselewski made a motion, seconded by Vice Mayor Russo, to adopt Resolution 81, 1992, with the CITY COUNCIL REGULAR MEETING, 9/17/92 PAGE 13 figures $92,000 and $1769.23 inserted in the appropriate blanks. In response to Vice Mayor Russo, Mayor Martino stated once there is a full 5 member Council some of these details can be taken care of. The motion was unanimously approved by the City Council. Resolution 82, 1992 Mayor Martino stated Resolution 81, 1992, concerned an agree- ment that the City has been discussing for some time re: an Interlocal Agreement between the City, Palm Beach County and Ballenlsles Country Club which would allow the City to collect the impact fees as a pass through agency for the County, to be spent on PGA Boulevard improvements. Councilman Kiselewski made a motion, seconded by Vice Mayor Russo, to adopt Resolution 82, 1992. The motion was unanimously carried. Resolution 83, 1992 Councilman Kiselewski stated that the Art in Public Places proposed by Toys R Us was unanimously approved by the City's Art Advisory Committee. Mr. Keith Pell, Landscape Architect, addressed the City Council detailing materials to be used in the art project. The City Council directed Resolution 83, 1992, be amended as follows: Section 1, line 4, after "in accordance with" add "approved Site Plan under Ordinance 16, 1992, and ". Councilman Kiselewski made a motion, seconded by Vice Mayor Russo, to approve Resolution 83, 1992, as amended. The motion CITY COUNCIL REGULAR MEETING, 9/17/92 PAGE 14 was unanimously approved. Resolution 85, 1992 Richard Walton, Planning & Zoning Director, addressed the City Council re: Resolution 85, 1992, approval of extension of time for the completion of the PGA Bridge Center PUD, approved by Ordinance 12, 1986. Mr. Walton stated the site is located on the northwest corner of Ellison Wilson Road and PGA Boulevard. Mr. Walton stated the petitioner has supplied the required updated traffic analysis. Kahart Pinder, City Traffic Engineer has reviewed the analysis and has determined that in order to ensure compliance with the City's Traffic Performance Standards Ordinance, no building permits should be issued for Bridge Center until such time that a construction contract has been signed for the southbound right -turn lane at Ellison Wilson Road and PGA Boulevard. Mr. Walton stated petitioner has supplied responses to requirements of the Concurrency Management Ordinance. Mr. Walton stated staff is recommends the condition from Mr. Pinder be a part of the extension approval. Councilman Kiselewski made a motion, seconded by Vice Mayor Russo, to approve Resolution 85, 1992. The motion was unanimously carried. ITEMS FOR DISCUSSION Gardens Plaza Richard Walton, Planning & Zoning Director, addressed the U City Council stating that petitioner Alfred J. Malefatto, CITY COUNCIL REGULAR MEETING, 9/17/92 PAGE 15 agent for the owner, Massachusetts Mutual Life Insurance Company, has requested to amend the Gardens Plaza PUD created by Ordinance 3, 1985 and subsequently amended by Ordinance 7, 1989, for a three -year time extension for the development of a 1811000 square foot office development on 4.49 acres located on the southeast corner of PGA Boulevard and Fairchild Gardens Avenue. Mr. Walton stated that the petitioner has submitted a traffic impact analysis. The City Traffic Engineer, Kahart Pinder has reviewed the analysis and has determined that the project meets the requirements of the Palm Beach County Traffic Performance Standards Ordinance. Mr. Walton pointed out that the Planning & Zoning Commission recommended approval %_� of this petition, with conditions. The petitioner has also submitted the Concurrency Management System criteria. Mr. Walton stated the petitioner is further requesting to amend the Gardens Plaza PUD for the construction of four awning structures covering a total of 64 parking spaces in the south- east corner of the site. It was the concensus of the City Council to agree to a two - year time extension, however, expressed no interest in covered parking. Council directed that the appropriate documents be added to the next Regular Meeting and requested petitioner submit a letter to withdraw the petition for covered parking. Council informed the petitioner that there would be a requirement for Art in Public Places. CITY COUNCIL REGULAR MEETING, 9/17/92 PAGE 16 Stetson's American Grill Signage Gardens Square Shoppes Richard Walton, Planning & Zoning Director, addressed the City Council re: request by Bud Palmieri of Creative Restaurant Ventures, agent for Garden Square Shoppes, Inc., to allow for the installation of a sign for Stetson's American Grill at the Garden Square Shoppes PUD, created by Ordinance 18, 1977, located at the northwest corner of of Military Trail and PGA Boulevard. Construction plans for the shopping center indicate that all signs located below the center's trellis be 114" x 10' and have a black translucent glass background. The proposed Stetson's sign will be 31x 10' in size and be located in the same location as the former Whistleberry's sign. The proposed colors are light orange, ivory, black and oxblood. The Building Official has reviewed the petition and has indicated that the proposed sign meets the City's Sign Code. Councilman Kiselewski did not agree with the Building Official's determination. Staff was directed to check the location and dimension of the sign to determine that it presents no problem to pedestrians. If staff determines there are no problems with the Signage, the City Attorney was directed to prepare the necessary paperwork for the 10/15/92 agenda. CITY COUNCIL REGULAR MEETING, 9/17/92 PAGE 17 NorthCorp Mayor Martino stated that the issue of uses in the NorthCorp PCD has been discussed a number of times. The traffic concerns have been answered, and Mayor Martino stated that comments tonight will be limited to the use questions. Richard Walton, Planning & Zoning Director, stated that the petitioner, at the request of City Council, has submitted a traffic analysis. The City Traffic Engineer has reviewed the analysis and has submitted his comments. Mr. Walton stated that besides the 2 petitions for amendment to the PCD for the specific uses, staff is requesting an additional amendment to clarify conditions of the original `-1 ordinance. Concerning the church use, the City Attorney stated he did not feel a Comprehensive Land Use Plan Amendment was required. Mayor Martino pointed out that the Council could consider one ordinance that included all three amendments or three separate ordinances. If all three amendments were included in one ordinance, the ordinance should be designed in such a way that any one of the amendments could be severed if necessary. Mayor Martino stated that the ordinance or ordinances could be drafted for first reading only, with workshops scheduled. The City Attorney stated that this is the precedent the Council has set in the past to either approve or deny petitions, and it has become a matter of due process. CITY COUNCIL REGULAR MEETING, 9/17/92 PAGE 18 Councilman Kiselewski felt it was better to have 3 separate ordinances. The City Attorney stated that if all amendments were included in one ordinance there would be separate paragraphs, (one pertaining to the church, one pertaining to medical uses and one for clarifications of specific conditions). The City Attorney stated he would include a severability clause so the Council could move forward and deny or approve sections of the ordinance. Councilman Kiselewski made a motion that the City Attorney be instructed to prepare an ordinance that contained 3 subject ``." matters, basically whether or not the NorthCorp PCD should be amended to include medical use, religious use and recommendations of staff. The motion was seconded by Vice Mayor Russo and was unanimously approved by the City Council. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 11:05 P.M. CITY COUNCIL REGULAR MEETING, 9/17/92 APPROVAL: MAYO MIC# MARTINO *r 'KAOR JOSEPH RUSSO L�f4DA V. KOSIER, CITY CLERK - PAGE 19 COUNCILWOMAN LINDA MONROE COUNCILMAN DONALD KISELEWSKI