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CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
JUNE 6, 1991
the County re: the line -up of Holly Drive on the east and
west sides of Military Trail.
In response to Councilman Kiselewski, the City Manager
stated the poles along Military Trail are high voltage
is feeder lines for FP&L and are located in the State's
right -of -way and are part of the widening of Military
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 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 roll was called by the Assistant Deputy City Clerk and
present were Mayor Martino, vice Mayor Aldred, Councilman
Kiselewski and Councilman Russo. Councilwoman Monroe
arrived at 8:10 P.M.
T�?UNCEMENT5
Mayor Martino announced there would be a meeting of the
Planning and zoning Commission on Tuesday, 6/11/91; a
meeting of the Beautification and Environmental Committee
on Wednesday, 6/12/91; a City Council Special Workshop
meeting on Thursday, 6/13/91; and, a meeting of the Art
Advisory Committee on Monday, 6 /10/91.
REPORTS AND ITEMS
BY MAYOR AND COUNCIL
C'0fj CT1,MAN KISELEWSKI
Councilman Kiselewski reported he has been working with
the County re: the line -up of Holly Drive on the east and
west sides of Military Trail.
In response to Councilman Kiselewski, the City Manager
stated the poles along Military Trail are high voltage
is feeder lines for FP&L and are located in the State's
right -of -way and are part of the widening of Military
C4V COUNCIL REGULAR
®
MEETING, 6/6/91 PAGE 2
Trail.
Councilman Kiselewski stated he will not be attendance at
the Special workshop Meeting on 6/13/91, as he will be
out -of -town.
In response to Councilman Kiselewski, Councilman Russo
stated because of low attendance in recent years, there
will not be a 4th of July celebration at the Community
Center this year. Councilman Russo stated there will be a
ceremony at The Gardens Mall to honor the Desert Storm
veterans and the Recreation Department has hired a band,
with the fireworks display at_9:00 P.M.
COUNCILMAN RUSSO
Councilman Russo reported attending the Recreation
Is
Advisory Board Meeting on 6/4/91.
Councilman Russo stated there will be two teen directors
for the Riverside Building in the fall. Councilman Russo
stated the membership on the Recreation Advisory Board is
back to seven members with Braxton Melvin remaining a
permanent member of the Board, however, someone from the
PBGYAA will be in attendance at the meet'_ng.
Councilman Russo reportel he has met with the County
regarding the sidewalk along Military Trail. Councilman
Russo stated the School Board will get back to the City
re: guardrails along Military Trail.
Councilman Russo requested a report from the Police Chief
regarding enforcement of fire alarms.
MAYOR ALDRED vice Mayor Aldred reported he will assume his position on
10 COUNCIL REGULAR MEETING, 6/6/91 PAGE 3
the Countywide Planning Council on 6/7/91.
COUNCILWOMAN MONROE Councilwoman Monroe requested the City Attorney advise the
City Council how to ensure compliance with designated use
provisions contained in Ordinances.
MAYOR MARTINO Mayor Martino reported he has been elected President of
the Municipal League and the League has been working with
the Planning Council staff and have reached a compromise
which he feels will satisfy the Municipal League and
Planning Council.
Mayor Martino congratulated Vice Mayor Aldred on his
appointment to the Countywide Planning Council.
Mayor Martino requested input from the City Council re:
budget meetings.
Mayor Martino requested staff to review curbing which will
be put in on PGA Blvd., from Military Trail to the 1 -95
underpass, as it may be incompatible.
Mayor Martino reported attending the Alexander Proudfoot
Organization awards reception, which presents a full
scholarship to every high school in Palm Beach County.
RESOGUTIGN 65, 1991 Vice Mayor Aldred read ii, full, Resolution 65, 2991,
commending the team members and coaching staff of the Palm
Beach Gardens Community High School Girls Softball Team as
Class AAAA 1991 Florida State High School Champion.
Councilman Kiselewski made a motion to approved Resolution
65, 1991; seconded by Councilwoman Monroe. The motion was
® unanimously approved by the City Council.
WCOUNCIL REGULAR MEETING, 6/6/91 PAGE 4
FLORIDA ATLANTIC
U Dr. Robert J. Huckshorn, Associate Vice President Academic
Affairs, EAU, addressed the City Council and stated FAU is
committed to the proposed site in northern Palm Beach
County. Dr. Huckshorn stated the Board of Regents will
meet on 6/27/91 to decide on a site.
COMPREHENSIVE LAND
USE PLAN AMENDMENT Rich Walton, Director of Planning and Zoning, addressed
the City Council and reviewed the process and meetings
held to date regarding the proposed land use amendment and
presented the future land use map and overlay map.
Mr. Walton requested direction from the City Council
regarding advertising for Public Hearing on 6/27/91 to
meet the deadline for the approval of the second submittal
in 1991.
Discussion ensued by the City Council regarding the
outline of golf course, layout of parkway, cleanup of
conservation area and small area of residential,
conceptual 14_nkage plan, and north -south arterial.
Staff was directed to provide the City Council, as soon as
possible, with the analysis and work product cor_cerning
the infrastructure, water issue and traffic issue.
Councilman Kiselewski made a motion to authorize
advertising the public hearing date of 6/27/91 to consider
transmittal of the comprehensive land use plan amendment;
seconded by Councilman Russo. The motion was unanimously
® approved by the City Council.
VCOUNCIL REGULAR MEETING, 6/6/91 PAGE 5
ITEMS BY THE
CITY MANAUER
NATIONAL POF.LUTANT
GE
SYSTEM The City Manager requested authorization from the City
Council for the Mayor to execute an Interlocal Agreement
with the Northern Palm Beach Water Control District who
will act as the lead agency for obtaining the necessary
permits and other mandated requirements to initiate the
program to provide for a system for regulating pollutant
stormwater discharge into waters, which is mandated by the
EPA. The city Manager stated the deadline for the
municipalities to decide on a joint application is June
17, 1991.
vice Mayor Aldred made a motion to authorize the Mayor to
execute the Interlocal Agreement with Northern Palm Beach
water Control District; seconded by Councilman Russo.
DONALD ROSS
E,JAD BRIDGE The City Manager stated there will be a Public Hearing
held on 6/18/91 regarding the height of the Donald Ross
MTAMT SUBS APPEAL
CONSENT AGENDA
Road bridge.
The City Manager stated he has withdrawn his appeal of
Miami Subs after reviewing the lights and finding they
will not affect the overall concept as previously thought.
Per a unanimous vote of the City Council, the following
items were approved on the Consent Agenda:
1. Approval of Minutes of 5/16/91 Regular Meeting.
2. Proclaiming 6/2/ - 6/8/91 as "National Safe Boating
C COUNCIL REGULAR MEETING, 6/6/91 PAGE 6
Week".
3. Resolution 62, 1991 - Approval of new model homes for
The Oaks PUD.
4. Resolution 63, 1991 - Approval of new model homes for
Lake Catherine PUD.
5. Resolution 64, 1991 - Encouraging FAU to build campus
in Northern Palm Beach County.
PUBLIC HEARINGS
ORDINANCE 16, 1991
Mayor Martino declared the Public Hearing open, which was
duly advertised on 5/22/91 and held on the intent of
Amending Chapter 90 - Abandon and /or Junk Vehicles on
Public Rights -of -Way and on Private Property.
There being no comments from the public, Mayor Martino
declared the Public Hearing closed.
Per a unanimous vote of the City Council, the Assistant
®
Deputy City Clerk read, by title only, on second and final
reading, Ordinance 16, 1991.
Councilman Kiselewski made a motion to adopt Ordinance 16,
1991; seconded by vice Mayor Aldred. The motion was
unanimously approved by the City Council.
ORDINANCE 17, 1991
Mayor Martino declared the Public Hearing open, which was
duly advertised 5/22/91 and held on the intent of Amending
Section 95.22, Chapter 95, Providing that Public works
Director shall enforce the provisions of said section upon
written direction of City Manager.
There being no comments from the public, Mayor Martino
declared the Public Hearing closed.
Per a unanimous vote of the City Council, the Assistant
eDeputy
City Clerk read, by title only, on second and final
C COUNCIL REGULAR MEETING, 6/6/91 PAGE 7
reading, Ordinance 17, 1991.
Councilman Kiselewski made a motion to adopt Ordinance 17,
1991; seconded by Councilwoman Monroe. The motion was
unanimously approved by the City Council.
ORDINANCE 18, 1991 Rich Walton, Director of Planning and Zoning, addressed
the City Council re: Ordinance 18, 1991, annexing 1.826
acres located west of U.S. Highway #1 and 700 feet south
of PGA Boulevard, stating staff anticipates transmitting
this as a small scale amendment on 6/27/91.
Mayor Martino declared the Public Hearing open, which was
duly advertised 5/22/91, and held on the intent of
annexing,1.826 acres located west of U.S. Highway #1 and
® 700 feet south of PGA Boulevard.
William Shannon, general counsel for Divosta and Company,
addressed the City Council stating they have met the
requirements of the City Code and have provided staff with
data requested.
In response to Vice Mayor Aldred, Mr. Shannon stated staff
is in possession of a letter from the village of North
Palm Beach stating this property is not in their
annexation area.
There being no further comments from the public, Mayor
Martino declared the Public Hearing closed.
Per a unanimous vote of the City Council, the Assistant
Deputy City Clerk read, by title only, on second and final
reading, Ordinance 18, 1991.
C4V COUNCIL REGULAR MEETING, 6/6/91 PAGE 8
Councilman Kiselewski made a motion to adopt ordinance 18,
1991; seconded by Vice Mayor Aldred. The motion was
unanimously approved by the City Council.
ORDINANCE 19, 1991 Mayor Martino declared the Public Hearing open, which was
duly advertised 5/22/91, and held on the intent of
Amending Ordinance 13, 1989, Art in Public Places.
There being no comments from the public, Mayor Martino
declared the Public Hearing closed.
Councilman Kiselewski stated he felt Ordinance 19, 1991
streamlined Ordinance 13, 1989 and made it a lot clearer.
Per a unanimous vote of the City Council, the Assistant
Deputy City Clerk read, by title only, on second and final
® reading, ordinance 19, 1991.
Councilman Kiselewski made a motion to adopt Ordinance 19,
1991; seconded by Vice Mayor Aldred.
Councilwoman Monroe stated she was still opposed to the 2%
amount required in the original ordinance, however she is
in favor of an improved procedure.
The motion was unanimously approved by the City Council.
RESOLUTIONS
RESOLUTION 66, 1991 Per a unanimous Vote of the City Council, the Assistant
Deputy City Clerk read, by title only, Resolution 66,
1991, Appointing 1 regular member and 2 alternates to the
Art Advisory Committee, inserting the name of Robin
Franklin Nigh in Section 1 and the names of Caren Hackman
® and Denise Marie Distel in Section 2.
Cof COUNCIL REGULAR MEETING, 6/6/91 PAGE 9
Councilman Kiselewski made a motion to approve Resolution
66, 1991; seconded by Councilman Russo. The motion was
unanimously approved by the City Council.
RESOLUTION 67, 1991 Per a unanimous vote of the City Council, the Assistant
Deputy City Clerk read, by title only, Resolution 67,
1991, authorizing the Mayor and City Clerk to execute an
Agreement between the City and the PBA for the 1990/1991
Fiscal Year, pertaining to Police Lieutenants employed by
the City.
Councilman Kiselewski made a motion to approve Resolution
67, 1991; seconded by Councilwoman Monroe. The motion was
unanimously approved by the City Council.
iofS FOR DISCUSSION
VILLA D'ESTE Rich Walton, Director of Planning and Zoning, addressed
the City Council regarding the request by Petitioner,
Urban Design Studio, agent for Channing Corporation XX, to
amend the Villa D'Este PUD for three new residential
models. Mr. Walton stated the Petitioner's request for
the three new m —gels feature a 1 -car garage and additional
living space. Mr. WaltOit stated the proposed change would
provide for approximately 3.1 parking spaces per unit.
Mr. Walton stated there are 8 recreation parking spaces
and 19 guest parking spaces provided, with the City Code
requiring 2 spaces per 2 bedroom unit, however, the
Petitioner has indicated to David Getz, City Engineer,
there will be no 3 bedroom units and Mr. Getz recommends
Car COUNCIL REGULAR MEETING, 6/6/91 PAGE 10
approval.
Hank Skokowski, Urban Design Studio, addressed the City
Council stating currently there are 4 2- bedroom models.
Mr. Skokowski stated there have been no additional
bedrooms added, the additional square footage from the
garage will be added to enlarge the dining area or family
room. Mr. Skokowski stated the architecture will remain
the same with the exception of the unit which is now a 2-
car garage door will change to a 1 car garage door and the
landscaping will be extended along the base of the area
where the garage door is eliminated. The 2 outdoor
parking spaces will remain along with the guest and
Is recreation parking spaces. Mr. Skokowski stated there are
no changes to the footprint.
In response to Mr. Walton, Mr. Skokowski stated the width
of the driveway will remain the same as the 2 car garage.
Councilman Kiselewski expressed concern with cars being
parked outside of the units, instead of in the garage.
As there seemed to be some discrepancy regarding the 2 or
3- bedroom unit, Mr. Skokowski was directed to communicate
with Mr. Getz to clarify the issue.
Per a consensus of the City Council, a Resolution will be
prepared for consideration of approval at the 6/20/91
Regular Meeting.
Councilwoman Monroe expressed concern with the parking
® issue.
CV COUNCIL REGULAR MEETING, 6/6/91
PAGE 11
FIDELITY FEDERAL Vice Mayor Aldred stated he will not be participating in
the discussion regarding the Fidelity Federal sign as he
is Senior Vice President and Chief Financial Officer of
Fidelity Federal.
Rich Walton, Director of Planning and Zoning, addressed
the City Council regarding the request of Petitioner,
Howard Ferrin, agent for Fidelity Federal Savings Bank of
Florida, to erect a monument sign at the southwest corner
of Garden Lakes Drive and Military Trail within the Garden
Square Shoppes. Mr. Walton stated the proposed blue and
white sign will be 5' high and 11' 9" in length. Mr.
Walton stated Jack Hanson, Building Official, has
® indicated the request cannot meet the Sign Code because
the layout of the bank building prohibits a side setback
of 50 feet, however, Mr. Hanson has recommended approval
stating the sign's low profile is attractive and
professional.
Howard Ferrin, agent for Fidelity Federal, addressed the
City Council and introduced Andy Hoyt of Fidelity Federal.
Councilman Kiselewski expressed concern with the height of
the sign above the centerline of the road and whether the
sign would meet Code.
Per a consensus of the City Council, a Resolution will be
prepared for consideration of approval at the 6/20/91
Regular Meeting.
® Staff was directed to have the Building Official answer
V COUNCIL REGULAR MEETING, 6/6/91
PAGE 12
the question raised by Councilman Kiselewski. The
Petitioner was directed to make reference on the site plan
of all existing signs an the property.
COMFORT INN Rich Walton, Director of Planning and Zoning, addressed
the City Council regarding the petition by Donaldson
Hearing, agent for Devitt - Tolley Partnership, requesting a
5 year time extension to comply with the requirements of
Section 5 of Ordinance 53, 1988, for the Garden suites
Hotel PUD. Mr. Walton stated the Petitioner is in
violation of 3 items in Ordinance 53, 1988. Mr. Walton
stated the 3 items on which they are requesting extension
are 1) closing and landscaping the southerly ingress, 2)
ro removal of the drive -in facility and 3) modifying the
elevation of the building.
In response to Councilman Kiselewski, Mr. Walton stated
the bank building is now abandoned.
Don Hearing, Petitioner, addressed the City Council
stating they are aware they are in violation and .are
requesting relief from Section 5 of Ordinance 53, 1988,
and his client asked him to express to the city Council
that they are not trying to circumvent the Ordinance, but
are simply trying to occupy the building so it can become
a revenue source to allow the Petitioner to correct the
violations.
After discussion by the City Council there was a consensus
® to deny the 5 year extension request, however, the Council
FORM BB MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
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Aldred Dick I Ci tv rniinri 1
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Palm Beach Gardens Palm Beach City of Palm Beach Gardens
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MY I'l)sfT1O1, I1,
June 6, 1991 j{ FIE(-TIVF o APPt)INIIVF
WHO MUST FILE FORM $8
1 his loan Js tOr usl. h, .illy rLru>n ,et�mg it the smuts, tit%, or miter 10La1 IC%e1 of 1;mti rntl]Cnt on . }r aprOlIlted or elected board,
cnunCII, (onsnns.i( n, atrtlt,)r1[s, or committee It appll(s equally to rnertibers of adslsory and non- adsrsory bodies t(ho are presented
%%1111 .t +otlrlc conllrsr 01 tn[Crest un(Ier Se(I1011 112 3143, 1 lorida Statutes
lour responsihlh1wN under the lau %(heir Iaced ulth A pleasure In uhach sou hale a tnnfllct of Interest Ajfl tiary greatly depending
on % %hethcr sou hold in elcttlse or ippoinnNc position for this reason, please pas Jose aitCn(Inn to the in1,trucnons on this form
b0ore completing the reur5e tilde and liline the forrn
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
E1,ECIF1) OI•FI('LRS:
\ person holchni CILsII%e LOUnIN, lrium(IP01, or ether local pubh( oIfrce \II.ST \I1ST \IN trom sotlne on .t n)easure sshlch Inures
to ht, Special ]IT 1ti.Ile e,:irl E aeh 1('k. 11 Off ILXr JINO 1s t,rOhlbttcd Iron kno% %ingIN sotlne on a measure % %hlLh Inures to the special
Lain of a prinLlp.al ( III h�t th.rn a tro%ernment ag:nks hs sshonl he 1% reiamed
In elthCr case, sou should disclose the conllict
PRIOR TO 71H1- VOTE' BEIivG TAKEN hs publicly stating to the assembly the nature of sour interest in the meastire on
%%IIIC11 sou ar,• , hstainim! front sotmg, and
WITI -11,N 15 D• \YS n1-I ER THE VOJ E OCC URS by completing and filing this form �%ith the person responsible for recording
the minutes of the meeting, ssho should incorporate the form in the minutes
A "1301NT1 I) OF] I( I R1%-
A perutrl IIOIdutg ,1ppo1ntice county, nnrmupal, or other local pilbhc ofllce NILJti7 ABSI'AIN from Noting on a measure sshieh
Inures ro his ~1)01,11 pri\ate pin I ach local officer also is prohibited from 1 rlossntels sotlne on a measure +h1ch inures to the
special garit (Il .1 prin.ipal (prier Than .i goscrnmru agency) hs 15honi lie IS retained
p(rsori hol(Ilrtc .111 .ipt lntlsc 101,11 0 floc othcr,sise etas t,artt(tpate 1n a niatter In v %hick he has a cont?ict or interest, but must
dn,lou• Ili( rLlturc "I the ""11111<< hrloir: nwkinc an% utempi to lnflucrnc the decision I'\ or,d (tr t +rltten "VIIIII(Illii.lItl�il. \shethcr
rnd(ii h` the o111LI r of .II h15 (itriLn()n
11 'iUI INII ND f() \1 %Kl \N'1 \1 It \1111 TO fNI lUE.NCE 1111- I)I•CIYON PRIOR IO THE \11_F 'ING AT \VHIC'H
I HE- VM I \\ It 1 13I 1 \E.L_ti
Noll s! 111.1 , , t t ' ,In.. 'I €L 1111, fW PI [heh i( trial MV .tits .11(Crnpl In rrtllutrtsr th( d IIII,,nl 1(1111 IhL prrsOn rCspa,nslblc for
Iccoisilny, the 1itllIJ 's (II the ince1111;, w010 >sIll lilt, orpur.nC 111e I11r111 in the mIIIWCs
• A cop% of the Irian should he pr(341dLd cmmedi.nely to the other members of the agents
• -1-he form should be read puhlijy at the meeting prior to consideration of the matter in which you hase a conflict of interest.
Cl i(IHtIKH 1'+I RAGE I
11' YOU MAKE NO ATTEMPT TO INFLUENCE T14E DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should dt,,clote orally the nature of your conflict in the measure before participating.
• You should tomplete the form and file ii within 15 days after the vote occurs with the person responsible for recording the minutes
of the mc•c•t1ng, uho should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1 D.Lck- z1l:d ad- - - - - -- -- — hereby disclose that on _ J -une.. -6 -- 19 _g1
(.i) A mini %ure tame or will come before env agency which (check one)
111111L ! 10 111% ,htL1,d 1)ro� ilr s.un, or
- 11111rcd to the',I7a1al gain irl _- _- . bti whom I am retained
(h) The mc<rSurc helore my agency and the nature of ms lnter"t in the measure is as faliows
i am Senior Vice President and Chief Financial Officer of Fidelity Federal
Savings Bank of Florida.
June 6, 1991 - i! _ `-- 64
Dole f 11cd Signature
%M 1( 1 1 ;VIII It I'RO1'lylC1VS OI I I ORID,\ S1 %tUI I -S i112.117 (1085), A I MI URI- TO MAKI' -%N5 R1- QL1IRI -1�
DItiC 1-()SL R1 C OhS i I 1 U 115 L,ROUtiDS I OR AND %IA1 ' 13L PUN1,SHLI) 13) ONE OR %1URL 01 1 HL I UL L()%1 1N4,
1 \113EACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DFItOTION. Rf rn1CT1(1N 1N
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
rF FORNXFl 1-91 FAGL