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HomeMy WebLinkAboutMinutes Council 04208911 ROLL CALL APPROVAL OF MINUTES ANNOUNCEMENTS 0 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 0 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 0 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 E 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 0 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 0 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.