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HomeMy WebLinkAboutMinutes Council 091991v' CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS SEPTEMBER 19, 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 of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, = lorida; 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 was not in attendance as she was out -of -town. ANNOUNCEMENTS Mayor Martino stated the announcements were as posted on the agenda and City bulletin boards. _ ]SENTATIONS Mayor Martino presented a plaque to Bruce Brown for his many years of service as a volunteer on the Code Enforcement Board. ITEMS BY THE CITY MANAGER The City Manager introduced Sue Ruskay, Assistant Director of Parks and Recreation Dcpartment, to present additional information to the Council re: tennis court resurfacing. Ms. Ruskay introduced Brenda Engle, Tennis Professional, to discuss the technicalities of the Hydrogrid System, along with the pros and cons of the system. Mayor Martino stated the reason for this discussion was to provide the City Council with more information, since the bids received for improvement of 8 tennis courts were higher than the budgeted amount for the improvements. ifCOUNCIL REGIJLAR MEETING, 9/19/91 Ms. Engle addressed the City Council regarding the resurfacing of the eight courts at the facility. Ms. Engle stated the two choices to improve the courts were 1) resurfacing the asphalt courts, or 2) installing clay courts with an underground sprinkler system, known as Hydrogrid Courts. Ms. Engle stated the Hydrogrid System is environmentally sound, economical and easy to maintain. Ms. Engle stated, after researching Palm Beach Gardens' current and projected tennis fees, comparison of tennis clubs with which they compete and extensive research pertaining to court upgrade, she highly recommended the addition of Hydrogrid courts. Ms. Engle felt with the addition of the Hydrogrid courts, more tennis memberships would be bought by Palm Beach Gardens' residents. Craig Decessa of Gator Court Contractors, addressed the City Council re: maintenance cost and installation cost. After further discussion, the City Council directed Mr. Decessa to provide a cost benefit analysis comparing asphalt and Hydrogrid. The Council also directed Ms. Engle to provide fce estimates. REPORTS AND ITEMS BY MAYOR AND COUNCIL COUNCILMAN RUSSO Councilman Russo reported attending the Beautification and Environmental Committee Meeting on 9/11/91, which was the fourth consecutive meeting cancelled due to lack of a quorum. Councilman Russo stated the Board is seeking 2 CITY COUNCIL REGULAR MEETING, 9/19/91 direction, and requested Council consider reducing the meetings to 1 every 3 months. Mayor Martino stated the Council will look into this matter in the near future. Councilman Russo reported attending a meeting with the County, School Board and Sheriff's Department regarding guardrails along Military Trail for students attending Grove Park Elementary School. Councilman Russo stated the only alternative would be to bus the students from Military Trail and PGA Boulevard to the school. Councilman Russo stated he advised the representatives that he did not feel the City could assign a police officer to the school, as they requested. ® Councilman Russo stated he also notified the School Board regarding the sidewalk at Shady Lakes. In response to Councilman Russo, Mr. Walton stated staff sent a letter to the School Board regarding the sidewalk. Staff followed up with a phone call and was advised by the Assistant to the Superintendent that they had received the letter and were working on it. COUNCILMAN KISELEWSKI Councilman Kiselewski reported attendin, the Transportation Disadvantage Committee meeting last week. Councilman Yiselewski reported attending the Metropolitan Planning Organization meeting today and provided the Council with the study commissioned by the MPO to analyze traffic generators and roadway use. Councilman Kiselewski felt this 3 CITY COUNCIL REGULAR MEETING, 9/19/91 study could be the basis by which the traffic model will be modified to fit the actual profile of Palm Beach County. Councilman Kiselewski reported the MPO has placed the widening of Northlake Boulevard, from the Beeline Highway west, on the 2010 plan. Councilman Kiselewski reported lie will be attending the MPOAC meeting next week in Tallahassee. In response to Councilman Kiselewski, Attorney Brant stated the "Great Sign" at Tanglewood Plaza will have to be r__;ed back 3 feet to comply with the original variance, but does not have to be removed at this time, as it is under the amortization schedule for non - conforming signs. t" YOR MARTINO Mayor Martino reported he has sent a letter to the County Commission requesting a 35 m.p.h. speed limit be established along Military Trail, between Northlake Boulevard and PGA Boulevard. MUNICIPAL LEAGUE COMMUNICATIONS Mayor Martino discussed the County's wishes to hold a charter referendum, which would make the 12 municipalities in Palm Beach County identified as having environmentally sensitive lands, subject to the County Environmentally Sensitive Lands Ordinance. Mayor Martino stated most of the acreage identified as environmentally sensitive is located in Palm Beach Gardens, with 19,000± acres, and Palm Beach County, with 22,000± acres. Rather than holding a Is countywide referendum, Mayor Martino stated it is the a ifCOUNCIL REGULAR MEETING, 9/19/91 Municipal League's position that Palm Beach Gardens and Palm Beach County jointly prepare an ordinance, to be presented to the affected municipalities in the form of an interlocal agreement. Mayor Martino stated a meeting was held this past week with the affected municipalities, at which the decision was unanimous to offer the Municipal League's position to the County. CONSENT AGENDA Per a unanimous vote of the City Council. the following items on the Consent Agenda were approved: 1. Approval of Minutes of Regular Meeting of 9/5/91, as amended. 2. Approval of Minutes of Special Regular Meeting of 9/12/91. 3. Proclaiming 9/21/91 as "POW -MIA Recognition Day ". 4. Proclaiming October 6 -12, 1991 as "Respiratory Care Week ". 5. Resolution 94, 1991 - Approval of Plat of "The Oaks - Sunterrace Plat 310. PUBLIC HEARINGS RF5OLUTION 87s Mayor Martino declared the Public Hearing open, which was advertised 9/4/91 and 9/16/91, and held on the intent of Resolution 87, 1991, levying a tax of 3.372 mills on non- exempt real and personal property located within the corporate limits of said City for the year ending 12/31/91. ED STONE Ed Stone, 4405 Gardenia, addressed the City Council and requested justification of the advertised tax increase. In response to Mr. Stone, the City Manager explained the reason for the advertised tax increase over roll -back. S CARSILLO Sam Carsillo addressed the City Council and stated his taxes 5 C Y COUNCIL REGULAR MEETING, 9/19/91 went up, but he was going to pay them. There being no further comments from the public, Mayor Martino declared the Public Hearing closed. Councilman Kiselewski made a motion to adopt Resolution 87, 1991, seconded by Councilman Russo. The motion was unanimously approved by the City Council. ORDINANCE Z6, 1991 Mayor Martino declared the Public Hearing open, which was duly advertised 9/4/91 and 9/16/91, and held on the intent of Ordinance 26, 1991, levying a tax on real and personal property within the corporate limits of the City of Palm Beach Gardens, for year ending 12/31/91; affixing a total valuation thereon and tax rate thereon for said year; adopting a fiscal budget for the fiscal year beginning 10/1/91 and ending 9/30/92, inclusive; appropriating funds for expenditures. There being no comments from the public, Mayor Martino declared the Public Hearing closed. Per a unanimous 1,- -)t• of the City Council, the Assistant Deputy City Clerk read, by title only, on second and final reading, Ordinance 26, 1991. Councilman Kiselewski made a motion to adopt Ordinance 26, 1991, seconded by Councilman Russo. The motion was unanimously approved by the City Council. ORDINANCE 22, 1991 Mayor Martino declared the Public Hearing reopened, which was recessed from 6/5/91 and 9/5/91. Mayor Martino stated 0 6 �TY COUNCIL REGULAR MEETING, 9/19/91 the Petitioner's authorized agent and the homeowners have requested the Public Hearing be recessed until the Regular Meeting of 10/3/91, as they are continuing to try to work out the issues. Vice Mayor Aldred made a motion, seconded by Councilman Kiselewski, to recess the Public Hearing re: Ordinance 22, 1991, amendment to Gardens Hunt Club PUD, providing for extension of time for completion of project, to the City Council Regular Meeting of 10/3/91 at approximately 8:O0 P.M. The motion was unanimously approved by the City council. RESOLUTION $8, 1 Mayor Martino declared the Public Hearing open, which was ® duly advertised on 9/4/91, and held on the intent of a conditional use to allow a gas station and car wash in CG- 1, General Commercial, zoning district at the Northlake BP Station. Rich Walton, Director of Planning and Zoning, addressed the City Council stating Resolution 88, 1991, has been workshopped once and the Council's direction at that meeting was to make modifications before consideration of approval, as the Planning and Zoning Commission recommended unanimous denial of the petition. Mr. Walton stated staff recommended the cross- access agreement, with the shopping center to the South, be recorded prior to approval. • In response to Councilman Russo, Mr. Walton provided the 7 CITY COUNCIL REGULAR MEETING, 9/19/91 ® council with a copies of all concerns the Planning and Zoning Commission had with the petition. Alan Ciklin, representative for the Petitioner, addressed the City Council suggesting the cross - access agreement be required prior to building permit, rather than prior to approval. Mr. Ciklin stated the petitioner believes the cross- access agreement can be obtained. Mr. Ciklin stated a letter from the shopping center's property manager was received today stating they have no objections to cross - access between the BP site and the Crossroads Shopping Center, subject to approval by a major tenant, adjacent property owner, and a mortgagee. In response to Mayor Martino, Attorney Brant stated if Section 3 of Resolution 88, 1991 is changed from "approval" to "building permit" and the shopping center does not sign the cross- access agreement, this issue could drag on for a long time. Councilman Kiselewski stated b, was in favor of leaving Resolution 88, 1991 as drafted. In response to questions by the City Manager, Mr. Walton stated several staff departments recommended a cross - access agreement be obtained. In response to Councilman Kiselewski, Mr. Walton stated the access was not shown when the site plan was first drawn, but Petitioner included the access at requests by staff and the • 8 CITY COUNCIL R`GULAR MEETING, 9/19/91 Planning and Zoning Commission. Mr. Ciklin pointed out the station has been there for thirty years and if it was really a key cross - access, the City could have insisted the shopping center provide a cross- access agreement at the time of approval. Councilman Russo stated he felt items of concern should have been worked out by the Planning and Zoning Commission. Councilman Russo stated he was willing to listen to Mr. ciklin's comments, however, he did not want to approve the resolution subject to building permit. Councilman Kiselewski stated'he would like the cross - access agreement issue resolved before any permits are issued, ® including a demolition permit. Vice Mayor Aldred stated he felt the resolution should remain as drafted. Mr. Ciklin suggested making the effective date of the resolution 45 - 60 gays from date of approval, and if the cro -s- access agreement is nct received within that time frame, the Petitioner would have to return to Council. After further discussion, there was a consensus of the City Council to amend Resolution 88, 1991, as follows: I. Add 11(13)" after "Section 159.063" in the title of the resolution, the next to last line in Section 1, and after "Section 159.063" in f3 under Conditions on page 2. 2. Delete Section 3. • 9 CITY COUNCIL REGULAR MEETING, 9/19/91 3. Renumber the sections accordingly. 4. Amend Section 4 to read as follows: "This Resolution shall be effective on November 30, 1991; provided an executed Cross - Easement Deed at the South line of Petitioner's property, located approximately as set forth on the Plan, in recordable form, between the Petitioner and fee owner of the contiguous shopping center, shall be presented to the City Manager; otherwise this Resolution shall terminate." There being no further comments from the public, Mayor Martino declared the Public Hearing closed. Councilman Russo stated he will not vote for this Resolution as he is not comfortable with it, and because the Planning and Zoning Commission unanimously recommended denial. Per a consensus of the City Council, the Assistant Deputy City Clerk read, by title only, Resolution 88, 1991, as amended, with Attorney Brant reading the amended Section 4. Councilman Kiselewski made a motion to adopt Resolution 88, 1991, as amended, seconded by Vice Mayor Aldred. The motion was approved by a vote of 3 ayes and 1 nay. The nay vote was cast by Councilman Russo, for reasons previously stated. RESOLUTIONS RESOLUTION 89, Councilman Kiselewski made a motion, seconded by Vice Mayor Aldred to adopt Resolution 89, 1991, reappcinting certain individuals /firms to various offices of the City. The • 10 CITY COUNCIL REGULAR MEETING, 9/19/91 ® motion was unanimously approved by the City Council. RESOLUTION 90. Councilman Kiselewski made a motion, seconded by Vice Mayor Aldred, to adopt Resolution 90, 1991, appropriating salaries and fringe benefits for all Department Heads and Designated Assistant Department Heads and Officers of the City. The motion was unanimously approved by the City Council. RESOLUTION 91, Vice Mayor Aldred made a motion, seconded by Councilman Russo, to adopt Resolution 91, 1991, establishing and adopting the minimum and maximum salaries of the job classifications in the Merit System of the City of Palm RESOLUTION 92, 1991 RESOLUTION 93, 0 Beach Gardens. The motion was unanimously approved by the City Council. Vice Mayor Aldred made a motion, seconded by Councilman Kiselewski, increasing the annual salary and continuing the employment benefits of the City Manager. The motion was unanimously approved by the City Council. Councilman Kiselewski made a motion, seconded by Vice Mayor Aldred, to adopt Resolution 93, 1991, authorizing the Mayor and City Clerk to execute an Agreement between the Service Employees International Union and the City for the 1991/1992 Fiscal Year. The motion was unanimously approved by the City Council. 11 CITY COUNCIL REGULAR MEETING, 9/19/91 VDIN ,kNCES ORPJNANC$ ?8, 1991, Rich Walton, Director of Planning and Zoning, addressed the City council regarding ordinance 28, 1991, creating a PUD known as "The Palm Beach Gardens Medical Center PUD ". Mr. Walton stated the second reading and Public Hearing will be at the 10/3/91 Regular Meeting. Mr. Walton stated the Planning and Zoning Commission unanimously recommended approval of this petition. Mr. Walton stated staff is requesting an additional condition be added to the ordinance stating the right -of -way must be dedicated to the City within six months of approval of the Ordinance. Councilman Kiselewski reminded Petitioner this project will be subject to the Art in Public Places Ordinance. Ray Royce, representative for Petitioner, addressed the City Council and stated the petitioner agrees with the right -of- way condition and the site plan shows the ultimate right - of -way. There was a consensus of the City Council that they preferred the revised architectural elevations showing barrel tiles and slanted parapet. In response to Councilman Kiselewski, Mr. Royce stated the parking spaces have been reconfigured, making the parking area more attractive and convenient. Mr. Royce stated there will be parking places added, however, no beds are being added. ® 12 'IT'1 COUNCIL REGULAR MEETING, 9/19/91 In response to Councilman Kiselewski, the Petitioner stated the groundbreaking will probably take place in January or February, 1992. The City Manager requested the Petitioner check with the City to coordinate construction of the hospital with the construction of Burns Road. ITEMS rOR PZSCUSSZRN CODE TEXT AMENDMENT TO ALLOW FOR A COLUMBARIUM —Rich Walton, Director of Planning and Zoning, addressed the City Council regarding the Code Amendment to allow for columbariums. Mr. Walton stated the staff's proposal for the definition for a "Columbarium" was included in the sk Councils' packages. After discussion, there was a consensus of the City Council to strike "substantially exposed above the ground and" in the definition of a columbarium. There was a consensus of the City Council to schedlzia this Code Amendment for first reading at the City Council Regular Meeting of S7 MARKS CHURCH COLUMBARIUM Rich Walton, Director of Planning and Zoning, addressed the City Council regarding St. Mark's request for a conditional use to allow for a columbarium which will be located on the inside wall of the Church Chapel Garden. Mr. Walton stated the initial construction will include 84 compartments and ® 13