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