HomeMy WebLinkAboutMinutes Council 080191. CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
AUGUST 1, 1991
The 1,egular Meeting of the City Council of the City 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 Assistant Deputy City Clerk called the roll and
present were Mayor Martino, Vice Mayor Aldred,
Councilwoman Monroe, Councilman Kiselewski and
Councilman Russo.
;AbOUNCEMENTS AS on the Agenda and posted on the City Bulletin Boards.
CALL FOR $IDS
RESURFACING
TENNIS COURTS The City Manager opened and read the following bids
received for resurfacing 8 tennis courts, as advertised
7/17/91:
1. Island Coatings of South Florida, P.O. Box 1308n,
North Palm Beach Florida, $26,000.00.
2. Gator Court Contraccors Inc., P.O. Box 2700, Boca
Raton, Florida, $155,190.00/$16,940.00.
Per a unanimous vote of the City Council, *he above bids
were remanded to the City Manager and the Director of
Parks and Recreation for their review and
recommendation.
P' NTING OF
LOGI 'AL, 6lJI5_ NQS Per the recommendation of the City Manager, Councilman
Kiselewski made a motion to award the bid for repair,
caulk, patch and paint the exterior of the Community
Center, Fire Station and Training Tower, as opened and
read at the 7/18/91 Regular Meeting, to General Caulking
& Coatings Co., Inc. for $17,300.00, with monies to be
taken from Council Contingency; seconded by Councilwoman
Monroe. The motion was unanimously approved by the City
Council.
ITEMS BY THE
CITY MANAGER
The City Manager reported the South Florida Water
Management District permit for the Palm Beach Gardens
Municipal Golf Course has been transferred to the City
and is pending approval for interconnection through the
wetlands. The City Manager reported negotiations are
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continuing with Public Golf Corporation and Guettler &
Sons, Inc, to finish the reconstruction of the golf
course, however, the City is also pursuing other
contractors for the reconstruction work.
PRESENTATIONS
Mayor Martino made a presentation to Evan Bestland, Fire
Department, for ten years of service with the City.
Mayor Martino made a presentation to Robert Boniewski,
Fire Department, for ten years of service with the City.
REPORTS AND ITEMS
BY MAYOR AND COUNCIL
MAYOR MARTINO
Mayor Martino reported on the need to recapture traffic
trips and the language proposed by City Attorney Brant
to amend Part II of Chapter 151, Palm Beach Gardens
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MEETING, 8/1/91 PAGE 3
Code.
There was a consensus of the City Council to bring this
item back for further workshops.
VICE MAYOR ALDRED
Vice Mayor Aldred reported he would be attending the
Palm Beach Countywide Planning Council meeting Friday
morning.
COUNCILMAN RUSSO
Councilman Russo expressed satisfaction regarding the
changes made by the Park and Recreation staff to the
Summer Program regarding supervision of the children
during lunchtime.
Councilman Russo stated he will be out of town the week
of August 12th and requested another council member
attend the Beautification and Environmental Committee
Meeting on Wednesday, August 14th.
COUNCILMAN KISELEWSKI
Councilman Kiselewski expressed concern with trucks
parking on Oakbrook Corporate Centre property located on
the east side of Ellison Wilson Road and with commercial
parking along Ellison Wilson Road.
Per a consensus of the City Council, the City Manager
was directed to have them streets swept once to see if it
would improve the looks of the City before signing a
yearly contract for this service.
MUNICIPAL LEAGUE
COMMUNICATIONS Mayor Martino reported the Municipal League has
submitted to the municipalities two drafts of a Water
Conservation and Irrigation Ordinance. One draft is by
the Municipal League and the other is by Palm Beach
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® County. Mayor Martino stated both ordinances are
similar in restrictions and intent, although the
Municipal League draft deletes the formation of a
countywide board. Mayor Martino stated the City Manager
has submitted Ordinance 23, 1991, drafted by the
Municipal League, for consideration by the City Council.
COMMENTS FROM
THE PUBLIC
S'I'EVE ENSINGZR Steve Ensinger, 3300 Meridian Way South, addressed the
City Council regarding the contract with Inter -City and
the security guard at the nursery.
RUSTY HiB$ARD Rusty Hibbard, 4207 Arbor Way, addressed the City
Council regarding the tax status of Steeplechase Drive
(f /k /a Haverhill Road).
CONSENT AGENDA The following items on the Consent Agenda were
unanimously approved by the City Council:
1. Approval of Minutes of Regular Meeting, 7/18/91.
2. Proclamation - Proclaiming 8/2/91 as "Arbor Day ".
3. Proclamation - Proclaiming 8/6/91 as "National Night
Out ".
4. Resolution 85, 1991 - Approving recommendations of
Art Advisory Committee re: Prosperity oaks PUD.
PUBLIC HEARINGS
RESOLUTION 83, 1991 Rich Walton, Director of Planning and Zoning, addressed
the City Council stating the Planning and Zoning
Commission recommended approval of Miami Subs' request
for a conditional use and variance with a condition
requiring 51% of sales being from food.
• Mayor Martino declared the Public Hearing open, which
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was duly advertised on 7/17/91 and held on the intent of
Miami Subs' conditional use and variance for retail
ORDINANCE 22, 1991
sale /service of beer and wine for on- premise
consumption. There being no comments from the public,
Mayor Martino declared the Public Hearing closed.
Councilman Kiselewski made a motion to approve
Resolution 83, 1991. as written; seconded by
Councilwoman Monroe. The motion was unanimously
approved by the City Council.
Per a consensus of the City Council, the Agenda was
reordered to allow Ordinance 22, 1991, to be considered
f. rst.
® Rich Walton, Director of Planning and Zoning, addressed
the City Council regarding Consideration of First
Reading of the Amendment to Gardens Hunt Club PUD (f /k /a
Northridge), providing for extension of time for
completion of project, stating this item was workshopped
at the City Council Regular Meeting of 7/18/91. Staff
and City Council were in receipt of verbatim minutes of
various meetings re: Lardens Hunt Club (f /k /a
Northridge) P.U.D.
Attorney Brant stated, after reading and researching
these minutes he has found there are two basic documents
recognized as official documents. Attorney Brant stated
Ordinance 22, 1991, in his opinion and without
Is conjecture, reflects what is in the public record. Late
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this afternoon Attorney Brant received a proposed
Ordinance 22, 1991, drafted by the residents of this
project.
Councilwoman Monroe felt in Section 2, Item 2 should be
141 in height rather than 101.
Vice Mayor Aldred stated although Ordinance 22, 1991, is
scheduled for first reading this evening, the residents
will have an opportunity to express their opinions at
the Public Hearing scheduled for the Regular Meeting of
8/15/91, before the Council considers second reading and
adoption of the Ordinance.
Per a consensus of the City Council, staff was directed
® to provide to the City Council a detailed report of what
was promised and what was actually done with the project
and what has not been fulfilled to date.
The City Manager questioned the two existing residences
within the PUD and whether one was a duplex.
A resident of wardens Hunt club state: the residence was
not a duplex.
Councilman Russo stated he ..11 not be in attendance at
the 8/15/91 meeting, however, he will vote for the
Ordinance tonight, but if everything is as he
understands it now, he would not vote for adoption on
8/15/91. Councilman Russo stated he hoped that between
now and 8/15 most of the problems could be resolved
between the developer and residents.
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Per a consensus of the City Council, the Assistant
Deputy City Clerk read, by title only, on first reading,
Ordinance 22, 1991.
RESOLUTIONS
RESOLUTION 73, 1591 Per a consensus of the City Council, the Assistant
Deputy City Clerk read, by title only, Resolution 73,
1991, appointing 3 members to the Code Enforcement
Board, inserting the names of Rebecca Serra ana Gregory
Bills in Section 1, and the name of James Faust in
Section 2.
councilman Kiselewski made a motion to approve
Resolution 73, 1991, as read; seconded by Councilwoman
Monroe. The motion was unanimously approved by the City
Council.
Councilwoman Monroe made a motion to add a sentence to
the applications for advisory board positions, stating,
!'We will keep your application on file for two years
from the date it is received at City Hall. If you have
not been appointed by that time, please contact City
Hall to renew your application. "; seconded by Vice Mayor
Aldred. The motion was unanimously approved by the City
council.
RESOLUTION 74, 1991
Per a consensus of the City Council, the Assistant
Deputy City Clerk read, by title only, Resolution 74,
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1991, appointing 2 regular members and 1 alternate
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member to the Merit System Board, inserting the names of
Tom Richardson and Richard McLeod in Section 1 and the
name of Eckhard Bennewitz in Section 2.
Councilman Kiselewski made a motion to approve
Resolution 74, 1991, as read; seconded by Councilwoman
Monroe. The motion was unanimously approved by the City
Council.
ORDINANCES
ORDINANCE 10, 1991.
Rich Walton, Director of Planning and Zoning, aa3ressed
the City Council stating both Ordinance 10, 1991, and
Ordinance 11, 1991, were submitted as small scale
amendments and DCA had no comments or objections.
Ah IF
Mayor Martino declared the Public Hearing open, which
was duly advertised on 7/17/91 and held on the intent of
amending the Comprehensive Land Use Plan /Map of the City
by providing for PO as the Land Use designation on lands
located on the south side of Burns Road, immediately
east of Interstate 95. (Surgicenter).
There being no comments from the public, Mayor Martino
declared the Public Hearing closed.
Per a consensus of the City Council, the Assistant
Deputy City Clerk read, by title only, on second and
final reading, Ordinance 10, 1991,
Councilman Kiselewski made a motion to adopt ordinance
10, 1991; seconded by Vice Mayor Aldred. The motion was
40
unanimously approved by the City Council.
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ORDINANCE 11, 199j Mayor Martino declared the Public Hearing open, which
was duly advertised on 7/17/91, and held on the intent
of creating a PUD known as "Surgicenter" on lands
located on the south side of Burns Road, immediately
east of Interstate 95.
There being no comments from the public, Mayor Martino
declared the Public Hearing closed,
Per a consensus of the City Council, the Assistant
Deputy City Clerk read, by title only, on seconu and
final reading, ordinance 11, 1991.
Councilwoman Monroe made a motion to adopt Ordinance 11,
1991; seconded by councilman Kiselewski. The motion was
unanimously approved by the City Council.
ORDINANCE 24, 199L Per a unanimous vote of the City Council, the Assistant
Deputy City Clerk read, by title only, on first reading,
Ordinance 24, 1991, annexing into the City certain areas
of land; arid, providing a legal description of the
property proposed to be annexed as set forth in Exhibit
"A" attached hereto; and redefining the boundaries of
the City to include slid real property.
ORDNANCE 7, 1991 After discussion re: Ordinance 7, 1991, repealing
Chapter 99 of Palm Beach Gardens Code, Standards for
Burglar, Fire Alarm Systems, and Creating and Adopting a
new Chapter 99 of the Palm Beach Gardens Code known as
Standards for Burglar, Fire Alarm Systems, there was a
40 consensus of the City Council for staff to more clearly
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define the definitions of "alarm ", "automatic alarm ",
and "fire alarm" and to place "residential smoke
detectors" under a new heading entitled "Exemptions ".
Councilwoman Monroe provided her marked copy of
Ordinance 7, 1991, to assist staff in redrafting the
ordinance.
ITEMS FOR DISCUS$;QN
COMPREHENSIVE PLAN
AMENDMENTS FOR 1991„ Rich Walton, Director of Planning and Zoning, addressed
the City Council re: the first Comprehensive Plan
Amendment for 1991. Mr. Walton stated this amendment
was transmitted in March 1991 and, after review, the
® State has submitted their comments. Mr. Walton stated
the DCA did not have any problems with the Public Safety
Element, minor map changes or the Stipulated Settlement
Agreement, however, the State did find objections with
the proposed Briger and Starwood land uses, proposed
Policy language text changes and the annexation map.
Mr. Walton stated by changing the land use Designations
on Briger and 5tarwood from RM to RL, the City will be
maintaining the current intensity a-lowed under the
County plan and meet DCA concerns. Mr. Walton stated
staff is requesting direction from the City Council
regarding the proposed Policy language changes.
Mr. Walton stated the DCA objected to the future
annexation map which included Lost Tree Village, Portage
Landing and Hidden Key. Mr. Walton stated the Village
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of North Palm Beach also objected, as they have included
these areas on their future annexation map.
Mr. Walton stated the City has to be in compliance with
the Regional Comprehensive Plan which requires 25%
preservation of upland species, including pine
flatwoods, and DCA specifically states the City must
preserve and protect pine flatwoods.
Mr. Walton stated staff requested direction from the
City Council to advertise for Public Hearing and Final
Adoption the first meeting in September.
After further discussion regarding the Policy language
changes, there was a consensus of the City Council for
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staff to bring this item back for workshop at the
8/15/91 Regular Meeting with staff providing their
recommendations re: DCA's objections, and to advertise
for Public Hearing and Consideration of Second Reading
and Adoption for 9/5/91.
THE SNUGGERY
Rich Walton, Director of Planning and Zoning, addressed
the City Council regarding Petitioner's request to
modify the condition in Resolution 14, 1991, stating no
live music and /or entertainment shall be permitted.
Bernie Kirchner, petitioner, addressed the City Council
stating, after receiving a code violation from the Code
Enforcement Officer, he is requesting a modification to
Resolution 14, 1991. Mr. Kirchner stated there would be
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one person playing an acoustical guitar, there would not
WY COUNCIL REGULAR MEETING, 8/1/91
ADJOURNKENT
APPROVE
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PAGE 12
be any bands and he has purchased a noise meter to
monitor the decibels.
After further discussion, there was a consensus of the
City council for Attorney Brant to draft a Resolution
for the 8/15/91 Regular Meeting, however, Mr. Kirchner
will be unable to allow the individual to resume
performing until said Resolution is approved.
There being no further business to discuss, the meeting
Was adjourned ath 10:55 p.m.
MAYOR MARTINO
A �O�
VICE MAYOR ALDRED
EXA M. RIEF
ASSISTANT DEPUTY CITY CLERK
CO�UNNCCILWOMAN MONROE
607AAN KISELEWSKI
COUNCILMAN RUSSO