HomeMy WebLinkAboutMinutes Council 120591:ITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
DECEMBER 5, 1991
The Regular 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 at the Municipal Complex, 10500 North
Mil.;`ary Trail, Palm Beach Gardens, Florida; and opened with the
Pledge of Allegiance to the Flag.
ROLL CALF, The roll was called by the City Clerk and present were: Mayor
Martino, Councilwoman Monroe, Councilman Kiselewski and
Councilman Russo. Vice Mayor Aldred was not in attendance as
he was ill.
NOUNCEMENTS Mayor Martino stated the announcements were as listed on the
agenda and the bulletin boards.
PRESENTATIONS Mayor Martino made presentations to Joseph Lordan, Carol Wazyniak
and Police Officer Michael P. Urban for heroic efforts.
ITEMS BY THE
CITY MANAGER
Solid Waste
Authority
Ll
The City Manager stated the Solid Waste Authority of Palm Beach
County will be discussing a volume based system for the unincor-
porated portion of the County for the next fiscal year, and felt
this system would probably come down to the cities in future
years. The City Manager stated this would be a policing night-
mare.
OY COUNCIL REGULAR MEETING, 12/5/91
PAGE 2
Enclave
Annexation The City Manager reported the County is proposing a local bill
intended to expedite the annexation of municipal enclaves. As
long as there are some dollars included to bring roads up to
standard, the City Manager was in favor of this bill.
Resurfacing of
Tennis Courts
The City Manager stated he gave a report to Council re:
membership numbers in relation to the purchase and construction
of the Hydro -grid tennis courts. A discussion ensued with Brenda
Engle, Tennis Pro, and Mr. John Elsner, member of Recreation
Advisory Board, regarding the practicality of clay courts.
Council directed the City Manager to go out for bids for the re-
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surfacing of the tennis courts with the following options:
1. Resurfacing of existing 8 courts with hard surface and
construction of 4 new clay courts.
2. Convert existing 8 courts into 8 clay courts.
3. Resurface 4 of the existing 8 courts with hard surface
and convert r�_maining 4 courts into clay courts.
REPORTS AND ITEMS
BY MAYOR AND
CITY COUNCIL
Mayor Martino
It was the concensus of the City council t cancel the Special
Meeting scheduled for December 12, 1991, because a full
attendance of the City Council would not be available. The City
Clerk was directed to call Council members to determine which
date would bs preferred for this meeting.
Mayor Martino referenced a draft of a letter being sent to
W COUNCIL REGULAR MEETING, 12/5j91
PAGE 3
Commissioner Marcus as the result of a meeting the commissioner
had with residents of PGA National re: Jog Road /Ryder Cup
Boulevard extension. The letter requested the County remove
this extension from their Thoroughfare Right -of -Way Protection
Plan. It was the concensus of the City Council to approve
sending this letter to the Palm Beach County Commission.
Resolution
199; Councilwoman Monroe suggested the following amendments be
made to Resolution 111, 1991, proposed to remove Jog Road
from the County's Thoroughfare Right -of -Way Protection
Plan from Northlake Boulevard to Donald Ross Road:
Change Section 1 to read "The City of Palm Beach
Gardens, Florida, hereby urges and requests the County
of Palm Beach to search for alternatives to Jog Road
from Northlake Boulevard to Donald Ross Road {known as
Ryder Cup Boulevard within the PGA National Resort
Community} from its Thoroughfare Right -of -Way Protection
Plan, and if and when identified, remove same from its
Thoroughfare Right -of -Way Protection Plan."
Councilman Kiselewski made a motion tc adopt Resolution 111,
1991, with the modifications made by Councilwoman Monroe,
seconded by Councilman Russo. Resolution 111, 1991, was
unanimously adopted by the City Council. The Planning & Zoning
Director was directed to forward a copy of this resolution to
® Treasure Coast Regional Planning Council for their review and
CITY COUNCIL REGULAR MFETING, 12/5/91 PAGE 4
coc:siderat:on to amend their comprehensive plan.
Environmental
Policy plan Mayor Martino referenced a draft of a proposed letter to
Foundation Land Company requesting their assistance with
protecting environmentally sensitive lands, referencing parkways
and native /pedestrian trailways to be created to connect ESL's
with mane another for "critter movement ", public use and the
public's enjoyment. It was the concensus of the City Council
to forward this letter to Foundation Land.
councilman
Kiselewski Councilman Kiselewski stated he will not be available to attend
the next Art Advisory Committee meeting, as he will be out -of-
town.
Councilman Kiselewski referenced a report from City Forester,
Mark Hendrickson, regarding medians on Military Trail and the
fact that "The Visions" development has be compensated for lost
landscaping. In response to Councilman Kiselewski, the City
Manager stated that trees from the City's nursery would be used
in the medians on Military Trail. It was the concensus of the
City Council that "The Visions" development be notified that
landscaping should be brought up to code.
COUNCILMAN
RUSSO _ Councilman Russo thanked everyone for the reports he received
on the condition of the ballfields. Mr. Russo expressed con-
cern that the people using the ballfields were not leaving
them in the condition they found them.
CITY COUNCIL REGULAR MEETING, 12/5/91 PAGE
PNICIPAL
LEAGUE
COMMUNICATIQNS Mayor Martino referenced four countywide ordinances -
County Archaeological Site Protection, Waste Tire Collection,
Regulation of Pawnbrokers and Public Shooting Range - being
considered by Palm Beach County. It was the concensus of the
City Council to notify the Municipal League that they agree
with the Archaeological Site Protection, Waste Tire Collection,
and the Public Shooting Range, however, would opt -out of the
Regulation of Pawnbrokers since the City's ordinance is stronger.
CONSENT }AGENDA Councilman Kiselewski requested Resolution 109, 1991, be
pulled from the consent agenda. Councilman Kiselewski made
a motion, seconded by Councilman Russo, to adopt the following
items on the consent agenda:
1. Approval of Minutes of Regular Meeting, 11/21/91, as
amended.
2. Resolution 105, 1991. - Approval of colors for Gardens
East Apartments.
The motion was unanimously adopted by the City Council.
Resolution
109. 1991 Councilwoman Monroe stated she was still opposed to Resolution
109, 1991, because she felt the County had unfairly put the
residents in the position of choosing "all or nothing" in
relation to the Palm Beach Countywide Planning Council.
Councilman Kiselewski made a motion, seconded by Councilman
Russo, to adopt Resolution 109, 1991. The motion was adopted
by a vote of 3 ayes and 1 nay, with Councilwoman Monroe
• casting the nay vote for reasons previously stated.
CITY COUNCIL REGULAR MEETING, 1215191 PAGE 6
OBLIC HEARINGS
Ordinance 31,
1991 Mayor Martino declared the Public Hearing open, which was
duly advertised 11/20/91 and held on the intent of Ordinance
31, 1991, amending Section 94.21, Chapter 94, of the Palm
Beach Gardens Code by creating a new Section 94.21(A) per-
taining to the location and screening of dumpsters. There
being no comments from the public, Mayor Martino declared the
Public Hearing to be closed.
It was the concensus of the City council to make the following
amendments to Ordinance 31, 1991: Paragraph C, #5, insert "a
minimum of" after the word "be" and before 11(6)11; #6, delete
"adequate for the" add a "d" to the word "size" and add the word
® "for "; # 9, delete "City Council" and add "Zoning Board of
Appeals ".
Per a concensus of the City Council, the City Clerk read, by
title only, on second and final reading, Ordinance 31, 1991,
Councilman Kiselewski made a motion to adopt Ordinance 31, 1991,
as amended; seconded by Councilwoman Monroe. Ordinance 31, 1991
was unanimously adopted by the City Council.
ORDINANCE
32, 1991 Mayor Martino declared the Public Hearing open, which was
duly advertised 11/20/91, and held on the intent of Ordinance
32, 1991, amending the Comprehensive Land Use Plan of the
City by approving commercial land usage on 1.826 acres.
There being no 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
CITY COUNCIL REGULAR MEETING, 12/5/91 PAGE 7
f :iial reading, Ordinance 32, 1991. Councilman Kiselewski made
a motion to adopt Ordinance 32, 1991; seconded by Councilwoman
Monroe. Ordinance 32, 1991, was unanimously adopted by the City
council.
ORDINANCE
33, 1991 Mayor Martino declared the Public Hearing open, which was duly
advertised 11/20/91, and held on the intent of Ordinance 33,
1991, rezoning 1.826 acres under the current Palm Beach County
zoning designation of CG /RH, General Commercial and Residential
High, to the City's zoning designation of CG-1, General
Commercial. There being no 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 33, 1991. Councilman
Kiselewski made a motion to adopt Ordinance 33, 1991; seconded
by Councilwoman Monroe. Ordinance 33, 1991, was unanimously
adopted by the City Council.
RESOLUTION
110, 1991 Mayor Martino declared the Public Hearing open, which was duly
advertised 11/20/91, and held on the intent of Resolutionf 110,
1991, amending the Gardens East Plaza PUD, crested by Resolution
44, 1987, to allow for a 2COP alcoholic beverage license which
permits the sale /service of beer & wine for on- and off - premise
consumption; and granting a variance to the distance requirement
of Chapter 112, Section 112.21 of the Palm Beach Gardens Code
for Alexander's Family Gourmet Restaurant located within Gardens
is East Plaza, 9920 Alternate A -1 -A, Suite 803 & 804. There being
CITY COUNCIL REGULAR MEETING, 12/5/91 PAGE 8
no i-imments iron, the public, Mayor Martino declared the public
hearing closed.
Per a concensus of the City Council, the following sentence
was added to the end of Section 1. of Resolution 110, 1991:
"The conditional use herein approved shall be granted to the
current establishment owners of Alexander's Family Gourmet
Restaurant."
Kiselewski made a motion to adopt Resolution 110,
1991, as amended; seconded by Councilwoman Monroe. Resolution
110, 1991, was unanimously adopted by the City Council.
RESOLUTIONS:
Resolution
"2,_ 1991 . Per a concensus of the City Council Resolution 102, 1991,
appointing 2 regular members to the Art Advisory Comr!ittee was
postponed until there was a full attendance of the City Council.
Resolution
104, 1991 The City Council discussed approval of PGA National Parcel
M -29A PUD and discussed concerns with trash pick -up, parking
and sidewalk provisions. The City Council expressed concern
that garbage for approximately 15 units would be placed in
the right -of -way of neighbor's units. It was the concensus
of the City Council, and agreed by the Petitioner, to include
in the Homeowners Documents a "back door" policy for garbage
pick -up for those 15 units whereby the collection company would
pick -up the garbage outside the garage door of these units.
The petitioner was directed to review the site plan to determine
® possibility of widening streets to allow parking for guests.
CITY COUNCIL
REGULAR MEETING, 12/5/91 PAGE 9
Tiro petitioner was also directed to research the possibility of
extending the sidewalk to General Drive. The petitioner was
directed to return to City Council at the 12/19/91 meeting to
discuss revisions and possible approval.
Resolution
;08. 1991
Rich Walton, Director of Planning and Zoning, addressed the
City Council stating the plan now allows for entrance on the
east, however, has been revised to permit vehicle exit through
the gate. This revision resolved previous concerns of the City
Council.
Councilman Russo made a motion to adopt Resolution 108, 1991;
seconded by Councilman Kiselewski. Resolution 108, 1991, was
unanimously approved by the City Council.
ORDINANCE
34, 19gj.
It was the concensus of 4he City Council to postpone Ordinance
34, 1991, amending Section 32.53, by increasing the requirement
of members of the Pl.:nnirg and Zo.iing Commission for a quorum
to be 4 members, until there was a full attendance of Council.
RESOLUTION
103, 1991 It was the concensus of the City Council to postpone
Resolution 103, 1991, appointing/ reappointing 7 regular members
and 2 alternate members to the Planning and Zoning Commission,
until there was a full attendance of Council.
ITEMS FOR
DISCUSSION
Great Western
Bank Rich Walton, Director of Planning and Zoning, addressed the
City Council stating the applicant is proposing to demolish
CITY COUNCIL REGULAR MEETING, 12/5/91 PAGE 10
t 3 pkio ant bnnk building located within the PGA Plaza, at
the corner of Prosperity Farms Road and PGA Boulevard. The
present one -story bank building is 4500 square feet, and
applicant is proposing to build a 2 -story 9000 square foot
building with 2 drive thru - lanes, 1 ATM lane and 1 bypass lane.
The petitioner will provide for the 15 foot landscape buffer
along PGA Boulevard, and is providing 30 parking spaces, as
required by code.
The City Council expressed concern, and the petitioner agreed
to review, the following items:
I. Prepare a perspective
2. Provide for plantings along the back of the building.
3. Research if architecture is computable to neighborhood.
4. Reconsider color choice.
Council also requested the petitioner present a signage package
to Council at the next meeting. It was the consensus of the
City Council that, if these items are satisfactorily addressed,
a resolution could be considered for approval at the next meeting
of the City Council.
PALM BEACH
COMMUNITY
COLLEGE THEATER Rich Walton, Director of Planning and Zoning, addressed the
City Council, stating staff was seeking policy direction prior
to moving this petition on to the Planning and Zoning Commission,
regarding traffic and environmental protection of 25 %.
Mr. Walton stated the County has found this project to be
vested from the Traffic Performance Standards, however, the
® number of students and number of trips is not showing up on the
VY COUNCIL REGULAR MEETING, 12/5%9.1
I7
U
ADJOURNMENT
APPROVAL
PAGE 11
County's traffic model. It was the concensus of the City Council
that the City needed a letter from the County stating we will
meet concurrency, and that the County plans to go forward with
the North County Courthouse expansion. The petitioner stated
their plans were to build two of the four lane extension ofd
Fairchild Avenue. In response to Councilman Kiselewski, the
petitioner stated the road would be built to specifications.
Council expressed no concerns with proposed environmentaln
preservation plans, however, expressed importance of coordination
and cooperation between this project and the County courthouse
expansion project. Mayor Martino stated it was equally important
that the architectual styles of the two projects be compatable.
There being no further business to discuss, the meeting was
adjourned at 12:40 A.M.
MAYOR MICHAEL MARTINO COUNCILWOMAN LINDA MONROE
VICE MAYOR DICK ALDRE
LINDA V. KOSTER, CITY CLERK
COUNCI �N 6011 K SELEWSKI
C IONQALiKAtt JOE RUSSO
cc12 -5.ver
City Council Regular Meeting 12/5/91
Mayor Martino: The next item we have on here is a
concern raised, I guess recently at a
meeting Mr. Russo was in attendance at,
I guess held by a.group called Community
Awareness Network, which is out in PGA
National and there was a, I think the
District 1 Commissioner was the featured
speaker for the group and some comments
were made about Jog Road, which is Ryder
Cup out there and we thought we needed
to set the record straight so that the
Commissioners and the people in PGA
National, as well as the rest of the
City, understands where the City Council
has been on this issue, what the record
states, and what the documentation
determines to be facts, because what was
said was not quite on point and what I
read in the paper wasn't nearly as
accurate as it should have been. The
City Council has consistently been
opposed to the extension of that road
through the PGA National development.
We are on record in several pieces of
paper given to the County Commissioners.
We have been in attendance at Public
Hearings. For those of us who go back
to the 1978 -1979 era, know the story.
It was a bit of shenanigans, if you
will, that the County likes to get into
where they put conditions on different
things that other people would like to
get accomplished and in order to make
the compromise you have to accept
something that simply upsets your
stomach. And that was the way we found
ourselves in 1978 -79. The City objected
to the right -of -way going through there,
but the Development Order, which comes
down from the Treasure Coast Regional
Planning Council, which is the agency
that handles developments of regional
impact, contained a condition that said
the right -of -way for Jog Road would be
part of the condition and therefore part
of the development order which the City
had to agree to. Mr. Orr has prepared
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for the City Council a chronology of
events. I put together a letter which
hopefully will explain once again to the
County Commission where we've been,
where we would like to go, which is
simply for them to take this off the
thoroughfare system. I see no
difference between this situation and
the Intercostal Bridge crossing, which
had no rhyme or reason and no factual
basis and all the studies that we saw
still ask for that crossing to be there,
but yet the County took it off the
thoroughfare system. I see no
difference here. The Commissioner that
was in attendance is concerned. She
ought to get about the business end of
removing this from the thoroughfare
system and we can allay everybody's
fears. It has been the City's position
for years. So, we have a letter here.
I am looking forward to the Council
letting me send it and also Mr. Russo
asked that we consider a Resolution
which Mr. Brant has prepared based on
the information that we had here and
that's where we're at. If there is any
questions or no objections, we will just
forward this information on.
Linda Monroe: Mr. Chairman. I would like to suggest
to make the letter and the Resolution
consistent. The last line of the next
to last paragraph, where you talk about
if we are in error, what we're looking
for, for them to do to look for
alternatives. Section 1 of the
Resolution with an extra few words would
put us on record matching the language.
The City of Palm Beach Gardens, Florida,
hereby urges and requests the County of
Palm Beach to search for alternatives to
Jog Road from Northlake Boulevard to
Donald Ross Road, known as Ryder Cup,
etc. and if and when identified, remove
same from its thoroughfare right -of -way
protection plan, which is what your
letter says.
Mayor Martino: If there are no objections, I don't have
any objection.
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•
•
Don Kiselewski: Mike, I would like to make one...
Linda Monroe: And the word Job Road at the top should
be Jog, typo.
Don Kiselewski: I would just like to make one other
suggestion. Since the people out at PGA
National are the ones who are most
directly affected by this and these are
the ones who have asked the Commission
to speak to them on it and also the one
who through their new news network have
a regular communique that goes out
monthly. I would like to suggest that
you send a letter to their editor
containing this same letter to see if
they would print it in their
communication. The same time to see
what the response is and that way all
members of the PGA National will know
what is happening. As a matter of fact
I saw Mr. Jablin here that is on their
editorial staff and perhaps he could see
and I think January, excuse me, December
19 is the deadline for articles for
that.
Joe Russo: If I may just spend just basically 2
minutes just to not even 2 minutes,
probably 30 seconds, to explain
basically what happened. Jog Road
became an issue and they asked
Commissioner Marcus about the Jog Road
situation and basically she said she
would be happy to look at it at any time
and she is only 1 member of a 7 member
commission and she would look at it and
so forth. The problem came in was when
she said that you know with the
intensity of FAU being built and of
different other things up here in the
north end, in the City of Palm Beach
Gardens, that any attempts to take Jog
Road off the plan would be very
difficult being the City of Palm Beach
Gardens plans to add 35,000 units to the
City at the FAU campus. Now,
unfortunately, what everybody came away
from in PGA National was because FAU was
going to be built here is why we need
Jog Road and that's really not in effect
what she was saying and not in effect
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what we're doing, because Jog Road
doesn't affect it. Because, as Rich
says, the traffic is not going to get to
FAU through Jog Road. So that's the way
everybody came away from, but I see this
as an opportunity because the
Commissioner did say she was going to
look at it and I spoke to her after the
meeting and she said that she was going
to look at it, she was going to have the
traffic and she said the densities are
now lower in PGA National. So if
anybody is looking, now is the time we
should move. Let's pass this
Resolution, request them to take it off
and maybe we can get lucky.
Mayor Martino: Based on what I hear, then there is the
unanimous consent to forward the letter,
as instructed, and
Don Kiselewski: and adopt the resolution.
Mayor Martino and adopt the resolution.
Don Kiselewski: I move the adoption of the resolution,
is it numbered?
Mayor Martino: Let's get a number on it.
Don Kiselewski: I didn't see a number on it.
John Orr: Mr. Chairman. Also, I would like to
recommend that we authorize our Planning
Director to submit a copy of this to
Treasure Coast, because Treasure Coast
will be considering the County's
Comprehensive Plan and we could ask them
at the same time to remove that from the
Comprehensive Plan, because it is
actually in conflict with our plan,
because we have the offset alignment as
opposed to the County's Plan which shows
the alignment to be in a straight line
from PGA National. In the north, we
have an offset which would prohibit the
Jog Road extension going through PGA
National.
Mayor Martino:
O.K. Could we get a motion to do all of
these things.
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Don Kiselewski: I moved, but I didn't know the number of
the resolution.
Mayor Martino: 111
Don Kiselewski: I move the adoption of Resolution 111,
with the modifications made by Mrs.
Monroe.
Joe Russo: Second.
Mayor Martino: Discussion. All in favor signify by
saying aye.
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