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
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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
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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
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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
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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
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�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
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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
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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.
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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
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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.
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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.
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'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
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