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ROLL CALL
APPROVAL OF
MINUTES
ANNOUNCEMENTS
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PRESENTATION -
JOHN TOSHNER
CALL FOR BIDS
HURST RESCUE
EQUIPMENT
CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
APRIL 20, 1989
The Regular Meeting of the City Council of Palm Beach Gardens, Florida,
was call3d t%) order by Mayor Martino at 8:00 P.M. in the Assembly Room of
the Municipal Complex, 10 00 North Military Trait, Palm Beach Gardens,
Florida; and onened with the Pledge of Allegiance to the Flag.
The City Clerk called the roll and present were: Mayor Martino, Vice
Mayor Aldred, Councilman Kiselewski, and Councilman Russo. Councilwoman
Monroe was not in attendance due to a previous commitment.
The minutes of the Regular Meeting of 4/6/89 and the Workshop Meeting of
4/13/89 were unanimously approved as wri`ten.
Mayor Martino announced there would be a meeting of the Code Enforcement
Board on Monday, April 24, 1989, at 7:30 P.M.; the Planning and Zoning
Commission on Tuesday, April 25, 1989, at 7:30 P.M.; a Comprehensive Plan
Meeting on Wednesday, April 26, 1989, at 7:30 P.M.; and a City Council
"Public input Workshop" on the proposed "J.D.M." rezoning on Thursday,
April 27, 1909, at 8:00 P.M.
Mayor Martino announced the City Council would not be considering the
"Safe Neighborhood Act" Resolution this evening.
Mayor Martino presented a placque of appreciation to Mr. John Toshner,
member of the City's Planning and Zoning Commission 515/83 - 3/3C/29,
The City Clerk opened and read the bid for Hurst Rescue Equipment for the
Fire Department, as duly advertised 4/5/89. The bid was from Counts
Rescue Equipment, Palm Bay, Florida in the amount of $11,555.25 for Item
1, $1483.35 for Item 2, and $3059.70 for Item 3, per the specifications.
CITY COUNCIL REGULAR MEETING, 4/20/89
PAGE 2
Per a unanimous vote of the City Council the bid was remanded to the City
Manager and Fire Chief for their review and recommendation.
ITEMS BY THE
CITY MANAGER
LINDA ERBACHER Linda Erbacher, Administrative Aide/Assistant to the City Manager, intro-
duced herself to the City Council and audience.
GENERAL AVIATION
AIRPORT The City Manager stated hE is stili waiting for reply from Citizens for
Relocation of the General Aviation Airport, however, their attorney has
been in contact with the City Attorney. The City Attorney will be meeting
with their attorney next week.
COUNTYWIDE
IMPACT FEES The City Manager stated, as of this date, the City has not received any
40 written instruction on the collection of Impact Fees from the County.
However, the City Manager stated they will be increasing the Impact Fees
on all DRI's and PUDs that have been previously approved. The City
Manager stated he will submit a request in writing so the City will be
properly covered in the event of any litigation.
The City Manager re.e znced a letter from Richard Carlson of Palm Beach
County and the City's response re: Vesting/Credit Issues Regarding Road
Impact Fees in Palm Beach Gardens, and stated he will report back to the
City Council once he has more information.
GARBAGE AND TRASH
COLLECTION _— The City Manager stated the City will be sending out R.F.p.'s For garbage
and trash collection along with the implementation of our resource reco-
very program. The City Manager felt it would be in the best interest of
the City to seek competitive bids for these services, and will be recom-
mending a five-year contract with a five-year option.
CITY COUNCIL REGULAR MEETING, 4/20/89
4EPORTS BY MAYOR
AND CITY COUNCIL
PAGE 3
VICE MAYOR ALDRED
Vice Mayor Aldred reported attending a meeting of the Zoning Board of
Appeals last night, minutes of which are on file in the City Clerk's
office.
COUNCILMAN
KISELEWSKI
Councilman Kiselewski reported attending a meeting of the Solid Waste
Authority yesterday where they directed staff to proceed with requests for
proposals for a 250 ton -a -day recycling facility for the north and one fol
the south.
Councilman Kiselewski reported attending a meeting of the Metropolitan
Planning Organization this morning where discussions took place re: down-
town shuttle plan.
Councilman Kiselewski stated he talked with Mr. Walter Ashley of the
Department of Transportation today and he was informed the traffic signal
at PGA Boulevard and Central Boulevard would be turned on either today or
tomorrow.
ITEMS BY MAYOR AND
CITY COUNCIL
MAYDfi MAk_,[NO
Mayor Martino referenced his memo to the City Coundil rA: Racr2atfcn
Department problems and recommendations.
Problem # I - Need for more facility space.
The City Council unanimously approved the Recreation Department leasing 3
portables for 3 months to cover needed facility space for the summer in
the amount of $15,000. The money was approved to be taken from the
Council Contingency Fund.
Problem # 2 - Fairness in accepting program participants.
The City Council approved of a Sign -Up Week being offered to rer+dent�,
CITY COUNCIL REGULAR MEETING, 4/20/89
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PAGE 4
who must show a utility bill and a Florida Drivers License at time of
sign-up; and a lottery system to fill programs.
Problem # 3 - Lack of teenage interest in programs.
The City Council expressed nn objections to the Recreation Department
attempting to attract teenage interest in the recreation programs.
Problem # 4 - Weekend adult -type programs.
The City Council expressed no ojbections to the Recreation Department pro-
viding weekend adult programs and activities.
Problem # 5 - Short term facility needs.
The City Council unanimously approved the City Manager and Recreation
Director research additional facility space that may become available in
the next 6-12 month period, and report back to the City Council within 45
days with the best alternative to solve our short term needs.
Problem # 6 - Long term recreation needs.
The City Cc•incil unanimously approved the City Manager and Mayor proceed
,with negotiations with the John D. and Catherine T. MacArthur Foundation
to discuss the purchase of the Foundation Building on Burns Road, the 17
acres of property between Johnson Dairy Road, I-95, Burns Road and Gardens
Park, and other property in the City for future .seeds. Councilman Russo
also pointed out there are other departments in the City that need addi-
tional space and requested those needs be investigated also.
COUNCILMAN RUSSO Councilman Russo stated residents have called him re: noise barrier along
I-95, stating they sent letters to the City Council in the past. Mayor
Martino requested the City Clerk give him a copy of a memorandum that the
City received a number of months ago re: noise barriers along 1-95.
CITY COUNCIL REGULAR MEETING, 4/20189
COUNCILMAN
PAGE 5
KISELEWSKI Councilman Kiselewski stated they are moving dirt and beginning roads in
the JDM project and wanted the Planning and Zoning Department and Building
Department to be aware of this.
Councilman Kiselewski expressed his concern with newspapers, etc., being
thrown in the swales of the City and requested the newspapers be requested
to put the papers in the drive -ways or hung on door knobs.
In response to Councilman Kiselewski, the City Manager stated the Forester
has inspected the landscaping at Pier I Imports and he felt the
landscaping complied with the code.
Councilman Kiselewski referenced communication from Tom Mills, Palm Beach
County School Board requesting application filing fees and engineering
escrow fees returned to the School Board re: applications for proposed
high school and middle school. The City Council declined the request to
return the money, feeling the School Board should follow the same guideli-
nes as other petitioners.
RESOLUTIONS
RESOLUTION 23, 1989 The City Attorney explained the Interlocal Agreement, stating two annexa-
tion lawsuits would be dismissed with the signing of this Agreement.
Per the concensus of the City Council the City Clerk read, by titit only,
Resolution 23, 1989, execution of Interlocal Agreement with Palm Beach
County, providing for Fire -Rescue Services by Palm Beach County's
Fire -Rescue MSrU No. 2 until September 30, 1990 to certain areas annexed,
in 1988. Mayor Martino stated that in signing this Agreement, the City of
Palm Beach Gardens is acting in good faith and according to the elements
of our Comprehensive Plan which calls for intergovernmental coordination
CITY COUNCIL REGULAR MEETING, 4/20/89
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PAGE 6
and cooperation. Mayor Martino also stated that the City's Fire
Department has the capabilities to provide the necessary services, but
this is a vehicle that will allow for phasing in of our staff and a
phasing out of the County staff.
Per a consensus of the City Council the City Clerk read, by title only,
Resolution 23, 1989, execution of an Interlocal Agreement with Palm Beach
County, providing for Fire -Rescue Services by Palm Beach County Fire
Rescue MSTU No. 2 until September 30, 1990, for certain areas annexed in
1988.
Resolution 23, 1989, was unanimously approved by the City Council.
RESOLUTION 24,1989 Per a consensus of the City Council the City Clerk read, by title only,
Aft Resolution 24, 1989, requesting the openings/closings of the PGA boulevard
Bridge over the Intracoastal Waterway be regulated.
Resolution 24, 1989, was unanimously approved by the City Council.
RESOLUTION 25,1989 Per a concrosus of the City Council the City Clerk read by title only,
Resolution 25, 1989, establishing and investing authority in the City over,
across, and upon all roadways lying within the parcels of land known as
that portion of "Frenchman's reek" that lies south of Donald Ross Road,
for the purposes of traffic control, fire, police, and emergency rescue
protection, removal of garbage and trash and establishinS access for all
authorized municipal services and emergency vehicles.
Mr. John Sperg, 10918 Larch Court, Palm Beach Gardens, addressed the City
Council stating his opposition to this Resolution.
Resoluticn 25, 1989, was unanimously approved by the City Council.
CITY COUNCIL REGULAR MEETING, 4/20/89
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PAr,E 7
ORDINANCES
ORDINANCE 4, 1989 Mayor Martino declared the Public Hearing open, which was recessed from
the City Council meetings of 3/16/89 and 4/6/89, and held on the intent of
Ordinance 4, 1989, amending 103.4 -acre "Garden Lakes" Commercial/Multi-
Family Residential PUD created 2/16/78 via Ordinance 18, 1977, providing
for the construction of a buffer landscape and wall along their easterly
and northerly property lines fronting on North Military Trail and the I-95
off ramp, as advertised 3/1/89.
Attorney Baird, attorney for residents of Gardens Lakes, requested the
City Council allow the petitioner to proceed with the petition, but no
building take place until the requested letter from the Federal Highway
Department of Transportation.
Mr. James Wille, 212 2nd Lane, addressed the City Council, expressing his
support of the proposed wail.
Per a unanimous vote of the City Council the Public Hearing re: Ordinance
4, 1989, wa^ recessed to the City Council Regular Meeting of May 4, 1989,
to give the City staff an opportunity to reviaw amended plans The City
Attorney was directed to contact the attorney for the residents of Garden
Lakes to work on a letter to the Federal Highway Department of
Transportation in an effort to get a response re: removal of chain link
fence.
ORDINANCE 5,1969 Per a unanimous vote of the City Council, the City Clerk read, by title
only, on first reading, Ordinance 5, 1989, creation of "Golf Estates
Villas" Medium Density Residential PUD, proposed to consist of 14
® townhouse units and be located on Lots 13-16, Block 53, PGA National Golf
CITY COUNCIL REGULAR MEETING, 4/20/89
PAGE 8
Club Estates Plat # 2 (1.445 acres within Section 12-42-42), fronting on
the west side of Military Trail, immediately north of Tri-plex located on
the northwest corner of Holly Drive and Military Trail).
ORDINANCE 6, 1989 Attorney Steve Mathison, attorney for Otto B. & Betty J. DiVosta,
addressed the City Council re: Ordinance 5, 1989. Attorney Mathison
requested, and the City Council agreed, that paragraph 2 be amended to
read as follows: "Extension is for a period of 2 years in which to obtain
a building permit, and 1 additional year in which to obtain a Certificate
of Occupancy. In the event that the Building Permit and Certificate of
Occupancy are not obtained within this overall time period the project may
be revisited on the basis of the then current development standards,
Is including the City's requirement for a 50 foot landscape buffer along PGA
Boulevard."
Mayor Martino declared the Public Hearing open, which was held on the
intent of Ordinance 6, 1989, amending 2.109 -acre PUD, with those uses as
permitted in the City's CG -1 (General Commercial) Zoning District (created
by Ordinance 32, 1981; and amended by Ordinance 1, 1984, and Ordinance 2,
1986), within Section 12-42-42, on the south side of PGA Boulevard, imme-
diately west of Military Trail, providing for an extension of an addi-
tional two years of the permissible time for completion of the project.
There being no comments from the public, Mayor Martino declared the Public
Hearing closed.
Per a unanimous vote of the City Council, the City ClerF read, by title
only, on second and final reading, Ordinance 6, 1489.
Ordinance 6, 1989, was unanimously adopted by the City Council.
CITY COUNCIL REGULAR MEETING, 4/20/89
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P",GE 9
ITEMS FOR
DISCUSSION
GOLF ESTATES VILLAS Mr. Richard Walton, Planning and Zoning Director, addressed the City
Council re: creation of "G,)lf Estates Villas" Medium Density Residential
PUD (Ra9'ererce- Ordinance 5, 1989). Mr. Walton explained amendments to
Lire latest submitted plans, which incorporate the thoughts of the City
Council. The only open issued Mr. Walton was aware of was landscaping.
Mr. Kirschke, applicant, stated he met with Jon Iles, City Forester, and
all landscaping has been marked and a revised plan will be submitted to
the City. The architect for Mr. Kirschke, addressed the City Council,
stating the front elevation will be a stucco -type material. The Council
requested, and the petitioner agreed, the attic vents on the buildings
Alk
qu will be made smaller. The City Council requested additional landscape
and architectural relief on the south of the project. The City Council
also requested alternative trees to the proposed palms for the west eleva-
tion. The petitioner was directed to increase the amount of trees at the
re— of the project. Councilman Kiselewski expressed his concern with the
amount of asphalt seen from the parking lot into the units. The peti-
tioner was directed to lower the height of the lighting from 25 feet and
to space them closer together. The City Council further directed the
petitioner to submit to the City a copy of the Homeowners Association
documents. Councilman Kiselewski requested information on where the
median cut 1s planned for Military Trail.
The City Council will consider second and final reading of Ordinance b,
1989, at their Regular Meeting of May 18, 1989.
CITY COUNCIL REGULAR, MEETING, 4/20/89 PAGE 10
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CLUB OASIS Richard Walton, Planning and Zoning Director, addressed the City Council
stating there are 3 separate petitions for "Club Oasis": (1) annexation
of 2.57 -acre parcel within Section 8-42-43 on the west side of Prosperity
Farms Road, approximately 700' south of RCA Boulevard; (2) rezoning of
2.57 -acre from Palm Beach County Designation of RS (REsidential Single
Family) to Planned Unit Development (PUD) for a Social Club Headquarters
(non-profit), under the City's PO - Professional Office Zoning District;
and (3) a land use change that allow the petitioner to take an existing
single family residence and install a parking lot and allow the use as a
social club.
The Planning and Zoning Commission recommended several conditions of
Aft approval, which would be outlined in Mr. Walton's staff report.
Mr. Charles Jacobs, authorized agent for Club Oasis, addressed the City
Council stating the Oasis Club is a non-profit organization in the State
of Florl4a for the express purpose of providing a meeting place for
Alcoholics Anonymous and other similar groups. Mr. Jacobs stated there
are no employees and nobody would live in this house.
It was the concensus of the City Council to move these petitions forward,
however, the Planned Unit Development will have an underlying zoning of
RS -4. Mayor Martino requested the City Attorney prepare the necessary
documents.
ORDINANCE 30,1988 Mayor Martino stated the Ordinance 30, 1988, rewrite of "Chapter 155:
Signs" of the City's Code or Ordinances would not be discussed because
there was not a full attendance of the Council.