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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- 40 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 1 • 0 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. 2 • • 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 3 0 • 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. 4 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. 5