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HomeMy WebLinkAboutMinutes Council 080191. CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS AUGUST 1, 1991 The 1,egular 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, and opened with the Pledge of Allegiance to the Flag. ROLL CALL The Assistant Deputy City Clerk called the roll and present were Mayor Martino, Vice Mayor Aldred, Councilwoman Monroe, Councilman Kiselewski and Councilman Russo. ;AbOUNCEMENTS AS on the Agenda and posted on the City Bulletin Boards. CALL FOR $IDS RESURFACING TENNIS COURTS The City Manager opened and read the following bids received for resurfacing 8 tennis courts, as advertised 7/17/91: 1. Island Coatings of South Florida, P.O. Box 1308n, North Palm Beach Florida, $26,000.00. 2. Gator Court Contraccors Inc., P.O. Box 2700, Boca Raton, Florida, $155,190.00/$16,940.00. Per a unanimous vote of the City Council, *he above bids were remanded to the City Manager and the Director of Parks and Recreation for their review and recommendation. P' NTING OF LOGI 'AL, 6lJI5_ NQS Per the recommendation of the City Manager, Councilman Kiselewski made a motion to award the bid for repair, caulk, patch and paint the exterior of the Community Center, Fire Station and Training Tower, as opened and read at the 7/18/91 Regular Meeting, to General Caulking & Coatings Co., Inc. for $17,300.00, with monies to be taken from Council Contingency; seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. ITEMS BY THE CITY MANAGER The City Manager reported the South Florida Water Management District permit for the Palm Beach Gardens Municipal Golf Course has been transferred to the City and is pending approval for interconnection through the wetlands. The City Manager reported negotiations are ® continuing with Public Golf Corporation and Guettler & Sons, Inc, to finish the reconstruction of the golf course, however, the City is also pursuing other contractors for the reconstruction work. PRESENTATIONS Mayor Martino made a presentation to Evan Bestland, Fire Department, for ten years of service with the City. Mayor Martino made a presentation to Robert Boniewski, Fire Department, for ten years of service with the City. REPORTS AND ITEMS BY MAYOR AND COUNCIL MAYOR MARTINO Mayor Martino reported on the need to recapture traffic trips and the language proposed by City Attorney Brant to amend Part II of Chapter 151, Palm Beach Gardens �Y COUNCIL REGULAR MEETING, 8/1/91 PAGE 3 Code. There was a consensus of the City Council to bring this item back for further workshops. VICE MAYOR ALDRED Vice Mayor Aldred reported he would be attending the Palm Beach Countywide Planning Council meeting Friday morning. COUNCILMAN RUSSO Councilman Russo expressed satisfaction regarding the changes made by the Park and Recreation staff to the Summer Program regarding supervision of the children during lunchtime. Councilman Russo stated he will be out of town the week of August 12th and requested another council member attend the Beautification and Environmental Committee Meeting on Wednesday, August 14th. COUNCILMAN KISELEWSKI Councilman Kiselewski expressed concern with trucks parking on Oakbrook Corporate Centre property located on the east side of Ellison Wilson Road and with commercial parking along Ellison Wilson Road. Per a consensus of the City Council, the City Manager was directed to have them streets swept once to see if it would improve the looks of the City before signing a yearly contract for this service. MUNICIPAL LEAGUE COMMUNICATIONS Mayor Martino reported the Municipal League has submitted to the municipalities two drafts of a Water Conservation and Irrigation Ordinance. One draft is by the Municipal League and the other is by Palm Beach Y COUNCIL REGULAR MEETING, 8/1/91 PAGE 4 ® County. Mayor Martino stated both ordinances are similar in restrictions and intent, although the Municipal League draft deletes the formation of a countywide board. Mayor Martino stated the City Manager has submitted Ordinance 23, 1991, drafted by the Municipal League, for consideration by the City Council. COMMENTS FROM THE PUBLIC S'I'EVE ENSINGZR Steve Ensinger, 3300 Meridian Way South, addressed the City Council regarding the contract with Inter -City and the security guard at the nursery. RUSTY HiB$ARD Rusty Hibbard, 4207 Arbor Way, addressed the City Council regarding the tax status of Steeplechase Drive (f /k /a Haverhill Road). CONSENT AGENDA The following items on the Consent Agenda were unanimously approved by the City Council: 1. Approval of Minutes of Regular Meeting, 7/18/91. 2. Proclamation - Proclaiming 8/2/91 as "Arbor Day ". 3. Proclamation - Proclaiming 8/6/91 as "National Night Out ". 4. Resolution 85, 1991 - Approving recommendations of Art Advisory Committee re: Prosperity oaks PUD. PUBLIC HEARINGS RESOLUTION 83, 1991 Rich Walton, Director of Planning and Zoning, addressed the City Council stating the Planning and Zoning Commission recommended approval of Miami Subs' request for a conditional use and variance with a condition requiring 51% of sales being from food. • Mayor Martino declared the Public Hearing open, which 6 Y COUNCIL REGULAR MEETING, 8/1/91 PAGE 5 was duly advertised on 7/17/91 and held on the intent of Miami Subs' conditional use and variance for retail ORDINANCE 22, 1991 sale /service of beer and wine for on- premise consumption. There being no comments from the public, Mayor Martino declared the Public Hearing closed. Councilman Kiselewski made a motion to approve Resolution 83, 1991. as written; seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. Per a consensus of the City Council, the Agenda was reordered to allow Ordinance 22, 1991, to be considered f. rst. ® Rich Walton, Director of Planning and Zoning, addressed the City Council regarding Consideration of First Reading of the Amendment to Gardens Hunt Club PUD (f /k /a Northridge), providing for extension of time for completion of project, stating this item was workshopped at the City Council Regular Meeting of 7/18/91. Staff and City Council were in receipt of verbatim minutes of various meetings re: Lardens Hunt Club (f /k /a Northridge) P.U.D. Attorney Brant stated, after reading and researching these minutes he has found there are two basic documents recognized as official documents. Attorney Brant stated Ordinance 22, 1991, in his opinion and without Is conjecture, reflects what is in the public record. Late Y COUNCIL REGULAR MEETING, 8/1/91 PAGE 6 this afternoon Attorney Brant received a proposed Ordinance 22, 1991, drafted by the residents of this project. Councilwoman Monroe felt in Section 2, Item 2 should be 141 in height rather than 101. Vice Mayor Aldred stated although Ordinance 22, 1991, is scheduled for first reading this evening, the residents will have an opportunity to express their opinions at the Public Hearing scheduled for the Regular Meeting of 8/15/91, before the Council considers second reading and adoption of the Ordinance. Per a consensus of the City Council, staff was directed ® to provide to the City Council a detailed report of what was promised and what was actually done with the project and what has not been fulfilled to date. The City Manager questioned the two existing residences within the PUD and whether one was a duplex. A resident of wardens Hunt club state: the residence was not a duplex. Councilman Russo stated he ..11 not be in attendance at the 8/15/91 meeting, however, he will vote for the Ordinance tonight, but if everything is as he understands it now, he would not vote for adoption on 8/15/91. Councilman Russo stated he hoped that between now and 8/15 most of the problems could be resolved between the developer and residents. Y COUNCIL REGULAR MEETING, 8/1/91 PAGE 7 Per a consensus of the City Council, the Assistant Deputy City Clerk read, by title only, on first reading, Ordinance 22, 1991. RESOLUTIONS RESOLUTION 73, 1591 Per a consensus of the City Council, the Assistant Deputy City Clerk read, by title only, Resolution 73, 1991, appointing 3 members to the Code Enforcement Board, inserting the names of Rebecca Serra ana Gregory Bills in Section 1, and the name of James Faust in Section 2. councilman Kiselewski made a motion to approve Resolution 73, 1991, as read; seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. Councilwoman Monroe made a motion to add a sentence to the applications for advisory board positions, stating, !'We will keep your application on file for two years from the date it is received at City Hall. If you have not been appointed by that time, please contact City Hall to renew your application. "; seconded by Vice Mayor Aldred. The motion was unanimously approved by the City council. RESOLUTION 74, 1991 Per a consensus of the City Council, the Assistant Deputy City Clerk read, by title only, Resolution 74, ® 1991, appointing 2 regular members and 1 alternate Y COUNCIL REGULAR MEETING, 8/1/91 PAGE a member to the Merit System Board, inserting the names of Tom Richardson and Richard McLeod in Section 1 and the name of Eckhard Bennewitz in Section 2. Councilman Kiselewski made a motion to approve Resolution 74, 1991, as read; seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. ORDINANCES ORDINANCE 10, 1991. Rich Walton, Director of Planning and Zoning, aa3ressed the City Council stating both Ordinance 10, 1991, and Ordinance 11, 1991, were submitted as small scale amendments and DCA had no comments or objections. Ah IF Mayor Martino declared the Public Hearing open, which was duly advertised on 7/17/91 and held on the intent of amending the Comprehensive Land Use Plan /Map of the City by providing for PO as the Land Use designation on lands located on the south side of Burns Road, immediately east of Interstate 95. (Surgicenter). There being no comments from the public, Mayor Martino declared the Public Hearing closed. Per a consensus of the City Council, the Assistant Deputy City Clerk read, by title only, on second and final reading, Ordinance 10, 1991, Councilman Kiselewski made a motion to adopt ordinance 10, 1991; seconded by Vice Mayor Aldred. The motion was 40 unanimously approved by the City Council. 0Y COUNCIL REGULAR MEETING, 8/1/91 PAGE 9 ORDINANCE 11, 199j Mayor Martino declared the Public Hearing open, which was duly advertised on 7/17/91, and held on the intent of creating a PUD known as "Surgicenter" on lands located on the south side of Burns Road, immediately east of Interstate 95. There being no comments from the public, Mayor Martino declared the Public Hearing closed, Per a consensus of the City Council, the Assistant Deputy City Clerk read, by title only, on seconu and final reading, ordinance 11, 1991. Councilwoman Monroe made a motion to adopt Ordinance 11, 1991; seconded by councilman Kiselewski. The motion was unanimously approved by the City Council. ORDINANCE 24, 199L Per a unanimous vote of the City Council, the Assistant Deputy City Clerk read, by title only, on first reading, Ordinance 24, 1991, annexing into the City certain areas of land; arid, providing a legal description of the property proposed to be annexed as set forth in Exhibit "A" attached hereto; and redefining the boundaries of the City to include slid real property. ORDNANCE 7, 1991 After discussion re: Ordinance 7, 1991, repealing Chapter 99 of Palm Beach Gardens Code, Standards for Burglar, Fire Alarm Systems, and Creating and Adopting a new Chapter 99 of the Palm Beach Gardens Code known as Standards for Burglar, Fire Alarm Systems, there was a 40 consensus of the City Council for staff to more clearly �Y COUNCIL REGULAR MEETING, 8/1/91 PAGE 10 define the definitions of "alarm ", "automatic alarm ", and "fire alarm" and to place "residential smoke detectors" under a new heading entitled "Exemptions ". Councilwoman Monroe provided her marked copy of Ordinance 7, 1991, to assist staff in redrafting the ordinance. ITEMS FOR DISCUS$;QN COMPREHENSIVE PLAN AMENDMENTS FOR 1991„ Rich Walton, Director of Planning and Zoning, addressed the City Council re: the first Comprehensive Plan Amendment for 1991. Mr. Walton stated this amendment was transmitted in March 1991 and, after review, the ® State has submitted their comments. Mr. Walton stated the DCA did not have any problems with the Public Safety Element, minor map changes or the Stipulated Settlement Agreement, however, the State did find objections with the proposed Briger and Starwood land uses, proposed Policy language text changes and the annexation map. Mr. Walton stated by changing the land use Designations on Briger and 5tarwood from RM to RL, the City will be maintaining the current intensity a-lowed under the County plan and meet DCA concerns. Mr. Walton stated staff is requesting direction from the City Council regarding the proposed Policy language changes. Mr. Walton stated the DCA objected to the future annexation map which included Lost Tree Village, Portage Landing and Hidden Key. Mr. Walton stated the Village Y COUNCIL REGULAR MEETING, a /1/91 PAGE 11 of North Palm Beach also objected, as they have included these areas on their future annexation map. Mr. Walton stated the City has to be in compliance with the Regional Comprehensive Plan which requires 25% preservation of upland species, including pine flatwoods, and DCA specifically states the City must preserve and protect pine flatwoods. Mr. Walton stated staff requested direction from the City Council to advertise for Public Hearing and Final Adoption the first meeting in September. After further discussion regarding the Policy language changes, there was a consensus of the City Council for Ah staff to bring this item back for workshop at the 8/15/91 Regular Meeting with staff providing their recommendations re: DCA's objections, and to advertise for Public Hearing and Consideration of Second Reading and Adoption for 9/5/91. THE SNUGGERY Rich Walton, Director of Planning and Zoning, addressed the City Council regarding Petitioner's request to modify the condition in Resolution 14, 1991, stating no live music and /or entertainment shall be permitted. Bernie Kirchner, petitioner, addressed the City Council stating, after receiving a code violation from the Code Enforcement Officer, he is requesting a modification to Resolution 14, 1991. Mr. Kirchner stated there would be ® one person playing an acoustical guitar, there would not WY COUNCIL REGULAR MEETING, 8/1/91 ADJOURNKENT APPROVE L 0 PAGE 12 be any bands and he has purchased a noise meter to monitor the decibels. After further discussion, there was a consensus of the City council for Attorney Brant to draft a Resolution for the 8/15/91 Regular Meeting, however, Mr. Kirchner will be unable to allow the individual to resume performing until said Resolution is approved. There being no further business to discuss, the meeting Was adjourned ath 10:55 p.m. MAYOR MARTINO A �O� VICE MAYOR ALDRED EXA M. RIEF ASSISTANT DEPUTY CITY CLERK CO�UNNCCILWOMAN MONROE 607AAN KISELEWSKI COUNCILMAN RUSSO