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HomeMy WebLinkAboutMinutes Council 041891u CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS APRIL 18, 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, Florida. ROLL CALL The Deputy City Clerk called the roll, and present were Mayor Martino, Councilwoman Monroe, Councilman Kiselewski and Councilman Russo. vice Mayor Aldred was not in attendance. ANNOUNCEMENTS Mayor Martino announced there would be a meeting of the Planning and Zoning Commission on Tuesday, 4/23/91 and a meeting of the Landscape and Tree Preservation Ordinance Committee on Wednesday, 4/24/91. PROCLAMATIONS Councilman Russo read a proclamation proclaiming the week of 4/21/91 - 4/27/91 as "victim's Rights Week". Councilwoman Monroe read a proclamation proclaiming 4/22/91 as "Earth Day ". Mayor Martino read a proclamation proclaiming 4/27/91 as "BSA Troop 132 Day ". CALL FOR BIDS Mayor Martino stated he is a sub - contractor for one of the bidders which constitutes a conflict of interest and passed the gavel to Chairman Pro Tem, Councilman Kiselewski. Per the recommendation by the City Manager, Councilman • Russo made a motion to award the bid to Garden Tile, Inc. • for $17,904.00 to supply and install flooring for a new community center for the City of Palm Beach Gardens, as opened and read at the 4/4/91 Regular Meeting. The monies are to be taken from the Recreation Land Facilities Account; seconded by Councilwoman Monroe. The motion was approved by a vote of 3 ayes with Mayor Martino abstaining. Mayor Martino retrieved the gavel. ITEMS FOR DS1 �C�SIOP: ST.MARKS The City Manager reported St. Marks Episcopal Church has approached the City for approval of a columbarium in their chapel garden area. The City Manager stated St. Marks has been notified of the City Attorney's determination that current City codes do not allow the requested use. ® Attorney Brant stated the City Code could be modified in the conditional use category to provide for this use. Councilman Kiselewski made a motion to direct the City Manager to notify St. Marks Episcopal Church that the City Council is interested in exploring the proposal further, and to work with the City Attorney in resolving this matter; seconded by Councilman Russo. The motion wao unanimously approved by the City Council. NORTH PALM BEACH PROJECTS The City Manager stated there are 3 projects already approved by the Village of North Palm Beach and 2 projects in the Public Hearing process which will significantly impact traffic on Prosperity Farms Road, and will impact 0 the City of Palm Beach Gardens. The City Manager stated • North Palm Beach does not have traffic studies available for these projects. In response to Councilwoman Monroe, Rich Walton stated Planning & Zoning staff has not reviewed the Village of North Palm Beach's Comprehensive Plan Traffic Element. Mr. Walton stated the village of North Palm Beach is claiming exemption because of the timing of the projects, however, this has not been verified. Councilman Kiselewski made a motion to authorize Mayor Martino to prepare correspondence to the village of North Palm Beach addressing the issue of traffic impacts created on County roads, through the approval of numerous projects along the Prosperity Farms Road corridor; seconded by ® Councilman Russo. The motion was unanimously approved by the City Council. SPECIAL WORKSHOP The City Manager stated a Special WoLkshop needs to be scheduled in the near future to discuss and give staff direction regarding the second Comprehensive Plan Amendment for 1991. There was a consensus of the City Council to schedule discusoion of the second Comprehensive Plan amendment on Monday, April 29, 1991. DENNIS FOLTZ The City Manager stated the City has received a letter from Dennis Foltz, with Palm Beach County, stating the County is preparing a repo---t to determine the number of residential units deleted from approved projects. ® In response to Councilwoman Monroe, Attorney Brant stated the City could put a cap on the number of dwelling units which could be transferred from one project to another. There was a consensus of the City Council to pursue this matter with the County in the spirit of cooperation. RECREATION ADVISORY B7= The City Manager stated there are eight members on the Recreation Advisory Board, rather than the seven allowed, due to the recent liaison appointment of the President of the Youth Athletic Association. Councilman Russo suggested making the President of the Youth Athletic Association a non - voting member of the Recreation Advisory Board. There was a consensus of the City Council to schedule this ® item as soon as possible. SPACE STUDY ANALYSIS P;V99T 9:W LDING Kimberly Rodale, Don Dwore and Keith Thompson of Spillis Candela & Partners, addressed the City Council regarding a space study analysis of the Divosta Building. Ms. Rodale stated the numbers provided are from the space study conducted by Spillis Candela in June, 1990, and are based on projected needs of the Police Department and the Public works Department through uhe year 2000. Ms. Rodale reviewed the Site Plan, detailing the separation of the Police Department and the Public Works Department. Ms. Rodale stated two space plans have been prepared for presentation to the City Council. The first plan provides for 20,158 square feet for the Police Department and 21,244 ® square feet, Lncluding the detached building, for the • Public works Department. Ms. Rodale stated they investigated the addition of a second floor which would provide an additional 9,185 square feet. Ms. Rodale stated the addition of the second floor would provide better distribution for future growth. Ms. Rodale indicated additional air conditioning, plumbing and electrical work will be required. Ms. Rodale stated the approximate cost, without a second floor, would be $1,500,000; with the second floor, approximately $200,000 more. Discussion ensued regarding the cost of constructing a comparable building, as opposed to the cost of renovating the existing building. 41)RTS AND ITEMS BY Nn et)-tNttt MAYOR MARTINO Mayor Martino reported he has been nominated for president of the Municipal League for the coming year. Mayor Martino encouraged the Councilmembers to read the directions report concerning the changes the League is considering to the by- laws, which structurally make the League a more viable voice for the municipalities. Mayor Martino reported being part of the committee to decide on names for the new schools. COUNCILMAN KISELEwsKI Councilman xiselewski reported being in Tallahassee last week. COUNCILMAN RUSSO Councilman Russo reported attending the Beautification and ® Environmental Committee meeting, however, there was no ® quorum. The members present requested the City Council attend the City's Earth Day activities. Councilman Russo suggested contacting the County regarding placing guardrails on elevated pedestrian walkways. Councilman Russo expressed concorn with the McIntosh /Cowie request to delay the wynfield PCD and Starwood PUD until June. Councilman Russo made a motion for administration to advise Mr. McIntosh and Mr. Cowie that action will be taken at the City Council meeting on May 16, 1991 regarding the status of the wynfield PCD and Starwood PUD projects; seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. CENT AGENDA On page 7 of The Minutes of the Regular Meeting of 4/4/91, the minutes should reflect Councilman Russo voted in favor of the status report on reopening Holly Drive. Per a unanimous vote of the City Council, Item 2, Item 3 and Item 4 were pulled from the Consent Agenda. Per a consensus of the City Council, the following items on the Consent Agenda were unanimously approved and adupted by the City Council: I. Approval of Minutes of Regular Meeting of 4/4/91, as amended. S. Resolution 54, 1991 - Approval of The Masters at Eagleton Plat No. 1. RESOLUTIONS RESOLUTION 50, 1991 Rich Walton, Director of Planning and Zoning, addressed the ® City Council regarding Resolution 50, 1991, Amendment to Lake Catherine PUD re: Trash Disposal. Mr. Walton stated ® the Petitioner has proposed a landscape plan with a two foot wall for both Lake Catherine and The Oaks. Councilwoman Monroe made a motion to approve and adopt Resolution 50, 1991; seconded by Councilman Russo. The motion was unanimously approved by the City Council. RESOLUTION 51, 1991 Councilwoman Monroe made a motion to approve and adopt Resolution 51, 1991, Amendment to The Oaks PUD re: Trash Disposal; seconded by Councilman Russo. The motion was unanimously approved by the City Council. RESOLUTION 52, 1991 Rich Walton, Director of Planning and Zoning, addressed the City Council regarding Resolution 52, 1991, Minor Amendment to PGA Eagleton Cove PUD, approved 9/21/89 by Resolution 81, 1989, stating the Petitioner is requesting a reduction of the rear yard setback for screen enclosures only. Mr. Walton stated in all cases, the rear property line abuts either water or open space. In response to Councilwoman Monroe, Laurie Schwab, representative of Communities Construction, stated the property line in question abuts the 20' maintenance easement of the NPBCWCD. Ms. Schwab stated several developments within P.G.A. Resort Community allow screen enclosures to abut the 20'easement, with landscaping surrounding the enclosure, maintained by the homeowners association. Ms. Schwab stated Mr. Pete Pimentel stipulates that if the Northern Palm Beach County water Control District needs access to these areas for ® maintenance purposes, the district will not be responsible for replacement of landscaping. Councilman Russo made a motion to approve and adopt Resolution 52, 1991; seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. RESOLUTION 53, 1991 Rich Walton, Director of Planning and Zoning, addressed the City Council regarding Resolution 53, 1991, Minor Amendment to PGA Spa Complex PUD, approved 9/4/80 by Resolution 49, 1980, amended 6/1/89 by Resolution 32, 1989 and 10/4/90 by Resolution 124, 1990, stating the Petitioner is requesting to increase the square footage of the aerobics building from 2,500 square feet to 5,000 square feet. Mr. Walton stated David Getz, City Engineer, indicated the additional square footage would require an additional 14 parking ® spaces, which would be available from the 45 surplus spaces. Michael Swisher, Team Plan, Inc., addressed the City Council and reviewed the elevations of the spa complex. Councilman Kiselewski made a motion to approve and adopt Resolution 53, 1991; seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. ORDINANCE 14, 1991 Rich Walton, Director of Planning and Zoning, addressed the City Council stating the County has indicated they have no traffic concerns. Mr. Walton stated David Getz, City Engineer, has expressed no concerns with the project. Mr. Walton stated the Petitioner has indicated there is not ® enough money in the budget for additional renovations to • the rear of Building B. Mr. Walton stated the Marriott has agreed to the sidewalk linking the two projects. Councilman Kiselewski expressed concern with the Petitioner pulling two permits, both under $1 million, to avoid compliance with the Art in Puhlic Places Ordinance. Jorge Quintero, agent for Petitioner, addressed the City Council stating he has met with Councilwoman Monroe regarding landscape plans, and has addressed her concerns and recommendations. Mr. Quintero stated the only item still outstanding pertains to relocation of Washingtonians. Mr. Quintero stated the Petitioner feels relocation will create maintenance problems. There was a consensus of the City Council to allow the Petitioner to move the Washingtonians from the location next to the building to a location next to the wall, as long as some protection, such as curbing, instead of wheel stops, are provided. Mr. Quintero stated they have met with the County's Traffic Engineer, who has determined this project is insignificant with respect to traffic. Mayor Martino requested r letter from the County be submitted, for placement in the project file, stating the County does not have a problem with traffic issues. Per a consensus of the City Council, the following amendments were made to Ordinance 14, 1991: 1. Page 2, Condition 2, add "Said sidewalk shall be . completed and approved within two (2) years from effective • date." after 11I -95 ". 2. Page 2, Condition 3, add "and such protection shall mean trees shall be no closer than two (2) feet to the inside of curbing or wheel stops ". 3. Page 2, Condition 6, delete "/retail ". Councilman Kiselewski expressed concern with the appearance of the rear of Building B, traffic impact, parking, signage and landscaping. In response to Councilman Kiselewski, Mr. Quintero reviewed proposed renovations to the shopping center, including the towers, wall along P.G.A. Boulevard, elevation facing P.G.A. Boulevard, roof along P.G.A. Boulevard, relocation of trees and landscaping, and improvement to the facade. ® Mayor Martino declared the Public Hearing open, which was duly advertised on 4/3/91, and held on the intent of rezoning 12.67 acres of the Loehmann's Plaza, not including the outparcels, from CG -1 to PUD, to renovate the existing center and construction of a 5,000 square foot freestanding building. Mayor Martino advised the Petitioner that prior to closing the Public Hearing they ha-�e the option of requesting the Public hearing be postponed to a time and date certain. Mr. Quintero stated due to critical deadlines, the Petitioner requests the City Council proceed with taking final action. There being no comments from the public, Mayor Martino • declared the Public Hearing closed. Councilwoman Monroe expressed concern with the main pylon sign in front of the shopping center and requested the Petitioner limit the height to 25 feet. Mr. Quintero stated the Petitioner agrees the sign will be no greater than 251at it highest point from ground level, as designed and presented to City Council. This notation will be made on the site Plan, initialed and dated. Per a vote of 3 ayes and 1 nay, cast by Councilman Kiselewski for reasons previously stated, the Deputy City Clerk read, by title only, on second and final reading, as amended, Ordinance 14, 1991. Councilman Russo made a motion to adopt and approve Ordinance 14, 1991, as amended; seconded by Councilwoman ® Monroe. Councilman Kiselewski expressed his concerns with reconsidering a project for a PUD which is already zoned and completely built out. John Meadows, Assistant vice President of USAA Realty Company, addressed the City Council and apologized for the manner in which the Doehmann's property has been maintained over the last 7 or 8 yew s. The motion to adopt Ordinance 14, 1991, was approved by a vote of 3 ayes and 1 nay, cast by Councilman Kiselewski for reasons previously stated. ORDINANCE 15, 1991 Per a consensus of the City Council, the Deputy City Clerk read, by title only, on first reading, Ordinance 15, 1991, • amending Ordinance 21, 1990, which adopted the Budget for 0 Fiscal Year 1990/1991. ORDINANCE 16, 1991 Per a consensus of the City Council, the Deputy City Clerk read, by title only, on first reading, Ordinance 16, 1991, amending Chapter 90 of the Palm Beach Gardens Code, creating 2 articles under Chapter 90, existing provisions applicable to abandoned and /or junk motor vehicles on public rights -of -way, and creating Article 11, pertaining to abandoned and /or junk vehicles located on private property. ORDINANCE 17, 1991 Per a consensus of the City Council, the Deputy City Clerk read, by title only, on first reading, Ordinance 17, 1991,. amending Section 95.22, Chapter 95 of the Palm Beach Gardens Code by providing that the Public Works Director ® shall enforce the provisions of said section only upon the written direction of the City Manager. ORDINANCE 18, 1991 Per a consensus of the City Council, the Deputy City Clerk, read, by title only, on first reading, Ordinance 18, 1991, annexation of 1.825 acres located west of U.S. Highway One, 700' south of P.G.A. Boulevard. ITEMS FOR LANDSCAPE AND TREE PRESuRVATION ORDINANCE Rich Walton, Director of Planning and Zoning, addressed the City Council stating the Landscape and Tree Preservation Ordinance Committee has prepared a final draft of the Landscape Code. as Mark Hendrickson, City Forester, addressed the City Council reviewing major changes in the draft of the proposed 0 Landscape Code and requesting direction from the City iCouncil as to how to proceed. Per Councilman's Kiselewski's suggestion, Mr. Hendrickson was directed to rate certain projects and present them to the City Council showing where they would fall within the new criteria. Mayor Martino stated a Special workshop would be scheduled sometime in June for the presentation by Mr. Hendrickson and to discuss in detail the proposed draft. AMENDMENT TO ORDINANCE 13, 1989 ES Councilman Kiselewski briefly reviewed the proposed amendments to Ordinance 13, 1989, Art in Public Places. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 11:20 P.M. e APPROVAL J -. MAYOR MARTINO COUNCILWOMAN MONROE VICE MAYOR ALDRED COUNCIi AN KTSELEWSKI CoukiLMAN RUSSO JEAN LONG-- (/ DEPUTY CITY CLERK 0 CQUNTY, MUNICIPAL' AND OTHER LOCAL PUBLIC OFFICERS ~ I i AST NAME -FIRST NAMI -MIDIH I NAME NAME or 9oARO. COUNCIL COMMISSION, AUTHORITY. OR COMI/ITTE1 Martino Michael 'A • ^_� '1 ( Ti itMK7t`COi1wC11. C--ION. AUrHORITY, GR COMMI"Ll, ON dAWNi. AUUKLS.S wHIt H 1 AIKYk IS A UNIT OF, 320 Balsarn Street fOUNTY OTHER 1«'AI AGEN(Y .1T1 (OVNIY NAML Ot POIITICAI sURIAVISION Palm Peach Gardens, PAI E ON N'H I(H VOI t f X f U K 4/18/91 Palm Beach ION Is FLEC1lVE � AMPOINTIVk WHO MUST FiL! FORM a This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or onimitlec. It applies equally to members /f advisory and non- advisory bodies who are presented with a voting conflict of interest under Se( nun 112 3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form Is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure to which you have a conflict of interest will vary greatly dependlnf on whether you hold an clecrne or appomn%e position. For this reason, please pay close attention to the instructions on this for before completing the reverse side and filing the form INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED Of FICERS: A person holding electise county, mumLipal, or other local public office MUST ABSTAIN from voting on a measure which I ® to his special private gain Each local officer also is prohibited from knowingly voting on a measure which muf s to the s gain of a principal Ioiher than a government agency) by whom he is retained In either case, you should disclose the confhvl PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure o which you are abstaining from soling; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recordir. the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other Icxal Public office MUST APSTA IN from voting on a measure whr inures to his special private gain Fach local ollicer also n prohibited from knowingly voting on a measure which Inures to f special gain of a princpal (other than a government agency) by whom he Is roamed A person holding an appointive local office otherwise may purticlpaic in a matter in which he has a conflict of interest, but mu disclose the nature of the conflict before making any attempt to Influence the decision by oral or wit: en communication, wheth made by the officer or at his direction IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUEN( E THE DECISION PRIOR TO THE MEETING AT WHIC THE VOTE WILL BE TAKEN • You should complete and file this form (bclore making any attempt to influence the decision) with the person responsible recording the minutes of the meeting, who will Incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency, • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of inter Ifnr\I-K film 0 -IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY D1fXUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. t You should complete the form sod (licit within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST t, Mlcharal Marfiinn hereby disclose Ihit on _ )f18 19 91 (a) A measure came or will come Wore my agency which (check one) _ inured to my special privalc grin, or inured to the special gam of __ — - -- by whom I am retained. (b) The measure belorc my agency and the nature of my Interest In the measure is as follows: Bids for floorir,U in recreation center were being awarded by City Council. My business, Family Flooring, is a sub- contractor for Gardens Tile which was and is a bidder under consideration. .41111 C 4/19/91 - -- _ , _(j Date Filed Slgnaturc NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317 (1985), A FAILURE TO MAKE ANY REQUIRI DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWIN IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION • SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED S5.000. k FORM ra 10 66 I