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HomeMy WebLinkAboutMinutes Council 090591W CITY COUNCIL REGULAR MEETING SEPTEMBER 5, 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 at the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL The roll was called by the City Clerk, and present were: Mayor Martino, Vice Mayor Aldred, Councilman Kiselewski, Councilwoman Monroe and Councilman Russo. ANNQVNCEMENTS. Mayor Martino stated the announcements were as posted on the agenda. ® Mayor Martino further announced that the City had received the resignation of Doug Hood, Director of Parks and Recreation, and presented Mr. Hood a plaque of appreciation for over 11 years service to the residents of Palm Beach Gardens. CALL FOR BIDS Janitorial Services Per the recommendation of the City Manager, the City Council un- animously rejected bids received for janitorial services, as advertised 7/31/91 and opened and read at meeting of 8/15191, and directed the City Manager to re- advertise for this service. ITEMS BY THE CITY MANAGER Loehmann's Plaza The City Manager informed the City Council of possible liability to the City should the sidewalk required by the Loehmann's Plaza PUD approval be installed. The sidewalk would terminate east OTY COUNCIL REGULAR MEETING, 9/5/91 PAGE 2 of the I -95 overpass, leaving the walkway without any linkage to the sidewalk on the west side of the I -95 overpass. It was the concensus of the City Council to follow the conditions of the Ordinance approving the Loehmann's Plaza PUD requiring the installation of the sidewalk. REPORTS & ITEMS BY MAYOR AND CI'T'Y COUNCTb Mayor Martino There being no comments from members of the City Council, Mayor Martino stated the letter re: Environmentally sensitive Lands Ballot was mailed to Palm Beach County. Mayor Martino reported attending a Public Hearing with members ® of the Planning Staff at Treasure Coast Regional Planning Council re: City's Comprehensive Land Use Plan Amendment. A point was raised by the Ccmmissioner of Palm Beach County regarding procedure and whether or not the City should be allowed to respond to the comments. The Board stated it would be better served if their commen s were submitted to the Department of Community Affairs and the City could respond to comments at the DCA Public Hearing. At that point, it was felt we would be better served to follow DCA requirements. A discussion ensued re: location of PAU campus. Mayor Martino stated that it was the policy of the Palm Beach Gardens City Council to put the university on a particular parcel and the City has done everything possible to follow conditions put before CITY COUNCIL REGULAR MEETING, 9/5/91 PAGE 3 • them. Mayor Martino stated the site in question was more compatable in location, located by industrial, and more conducive to long term growth. Mayor Martino stated he hoped the Board of Regents have the consideration of the taxpayers of the State in mind when they make their decision. Councilwoman Monroe requested report from staff regarding well- field information east of the turnpike. COUNCILMAN RUSSO Councilman Russo referenced the Council's defeat of the revised Fire Alarm Ordinance and asked if the ordinance presently on the books would be enforced. Councilwoman Monroe suggested the existing ordinance be modified, removing the fee. Councilman Russo reported he will be attending a meeting tomorrow with members of the School Board, and County Commission re: guardrails needed on Military Trail. Councilman Russo reported attending a meeting of the 4ecreation Advisory Board. The Board requested, in writing, ancil policy re: non - resident participation in YAA program. COUNCILWOMAN MONROE Councilwoman Monroe requested staff determine who is responsible for the berm at the dead end of Shady Lakes Drive. Councilwoman Monroe pointed out a problem exists with school children riding their bikes into traffic that cannot see over the berm. COUNCILMAN KISELEWSKI Councilman Kiselewski referenced a letter received from Dr. Eissey, Palm Beach Community College, pointing out that • CITY COUNCIL REGULAR MEETING, 9/5/91 PAGE 4 the center is now being referred to as an "exhibition center ". After a brief discussion, it was the concensus of the City Council to deny Dr. Eissey's request to have the $5000 fee waived. Councilman Kiselewski requested the City Manager insure the Police and Fire Dispatchers make themselves aware of property that is annexed into the City. Councilman Kiselewski stated that the projection for the completion of Military Trail is October 15, 1991, unless there is an abundance of rain. It was determined that three of the FP &L poles need to be moved because they are in the wrong location, and Councilman Kiselewski suggested they be requested to move all six poles. Councilman Kiselewski further stated that FP &L felt that since the widening of Burns Road was not constituted by the City or County, the developers will have to pay for relocation. Councilman Kiselewski requested a date for the removal of thF "great sign" at Tanglewood. COMMENTS FROM THE PUBLIC Sam Carsillo Sam Carsillo, resident of Palm Beach Gardens, addressed the City Council with several concerns, including'train whistles, in -- store discounts, health care tax, council raises, police vests, districting and the closing of Holly Drive during school hours. William Myers William Myers, 1022 Shady Lakes Drive, addressed the City Council reading into the record a letter to Mayor Martino regarding OTY COUNCIL REGULAR MEETING, 9/5/91 PAGE 5 envirnomenal issues (copy attached). Jack Warner Jack Warner, 16 Lexington Lane, addressed the City Council regarding the status of the municipal golf course. Mayor Martino updated Mr. Warner of the existing problems with the golf course and what is being done to solve these problems. Mayor Martino informed Mr. Warner that the City hopes to open the golf course in January of next year. CONSENT AGENDA Councilwoman Monroe made a motion to remove the Approval of Minutes of the 8/15/91 Meeting from the Consent Agenda. Per a vote of 4 ayes of the City Council (with Councilman Russo abstaining), the minutes of the Regular Meeting of 8/15/91 were approved with the following amendments: Page 15 (top) change the word "area" to "region "; and after "original plan" insert "for a variety of reasons, including environmental concerns." Par a unanimous vote of the City Council, Item 2 on the Consent Agenda, "Proclaiming the week of 9/17 -23/91 as Constitution Week" was approved. PUBLIC HEARINGS Ord. 22, 1991 Mayor Martino declared the Public Hearing reopened. Richard Walton, Planning Director, addressed the City Council stating the applicant and the homeowners have requested the Public Hearing be recessed to the next meeting. Vice Mayor Aldred made a motion, seconded by Councilwoman Monroe, to recess the Public is Hearing re: ordinance 22, 1991, amendment to Gardens Hunt Club ® CITY COUNCIL REGULAR MEETING, 9/5/91 PAGE 6 PUD, providing for extension of time for completion of project, to the city council Regular Meeting of 9/19/91 at approximately 8:00 P.M. Resolution 86, 1991 Mayor Martino declared the Public Hearing open, which was advertised 8/21/91, and held on the intent of Resolution 86, 1991, modification to conditional use to allow live entertain- meet and music at the Snuggery. In response to Sam Carsillo, Mayor Martino stated the resolution would permit one guitarist to play in the establishment. There being no further comments from the public, Mayor Martino declared the Public Hearing closed. Councilman Kiselewski made a motion, seconded by Vice Mayor Aldred, to adopt Resolution 86, 1991. Resolution 86, 1991, was unanimously approved by the City Council, Ord. 8, 1991 Richard Walton, Planning Director, addressed the City Council highlic,iiting previou- workshops regarding ordinance 8, 1991. Mr. John Bake. of the Department of Community Affairs was in attendance to answer questions, however, stated he could not speak for the Secretary or make decisions for the Secretary. Mr. Walton discussed concerns expressed by DCA and detailed suggested modifications. STY COUNCIL REGULAR MEETING, 9/5/91 PAGE 7 Mayor Martino declared the Public Hearing open which, was advertised 8/21/91 and held on the intent of Ordinance 8, 1991, amending Ordinance 45, 1989, which adopted the Comprehensive Land Use Plan of the City, by ratifying and approving the Stipulated Settlement Agreement between the City and the Department of Community Affairs and approving changes on the future land use map, approving land -use designation on certain annexed lands and modification to text of existing land use elements. After discussion and advice from Mr. Baker, the second sentence of Policy 6.1.5.6, was amended to read as follows: "In cases of lots of less than 40 acres or the quality of habitat on any size parcel does not warrant preservation of upland habitat on- site, preservation ...... ". It was the concensus of the City Council to leave all remaining corrections as written. There being no further comments from the public, Mayor Martino declared the Public Hearing closed. Per a unanimous vote of tie City Council the City Clerk read, by title only, on second and final reading, Ordinance 8, 1991, Councilman Kiselewski made a motion, seconded by Vice Mayor Aldred, to adopt Ordinance 8, 1991. Ordinance 8, 1991, was unanimously adopted by the City Council. Ord. 23, 1991 The City Council discussed ordinance 23, 1991, Palm Beach Gardens ® Water and Irrigation Conservation Ordinance, and made the *TY COUNCIL REGULAR MEETING, 9/5/91 PAGE 8 following amendments: Section 5.01 - Put a period after watering, eliminating the remainder of the sentence. Section 5.05 - Put a period after state laws, eliminating the remainder of the sentence. Section 6.01 - Insert "Chapter 32, Sections 32.30- 32.39" in the blank. Section 6.04 - Insert "in the general fund of the City" in the blank. Section 10 - Remove "immediately upon passage" and insert 1/1/92. Mayor Martino declared the Public Hearing open, which was held ® on the intent of Ordinance 23, 1991, Palm Beach Gardens Water !� and Irrigation Conservation, as advertised 8/21/91. There being no comments from the public, Mayor Martino declared the Public Hearing closed. Per a unanimous vote of the City Council, the City Clerk read Ordinance 23, 1991, on second and final reading. Councilman Kiselewski made a motion, seconded by Vice Mayor Aldred, to adopt Ordinance 23, 1991, as ame*_ded. Ordinance 23, 1991, was unanimously adopted by the City Council. Ord. 24, 1991 Richard Walton, Planning Director, addressed the City Council re: Ordinance 24, 1991, Annexation of 140 Acres, stating the City was in receipt of a request from the petitioner to postpone this Is Public Hearing until 10/3/91. 0 T COUNCIL REGULAR MEETING, 9/5/91 PAGE 9 Mayor Martino declared the Public Hearing open, which was held on the intent of Ordinance 24, 1991, annexation of 140 acres, as advertised 8/21/91. Vice Mayor Aldred made a motion, seconded by Councilman Kiselewski, to postpone the Public Hearing re: Ordinance 24, 1991, to the City Council meeting of 10/3/91 at approximately 8:00 P.M. Ord. 1991 Mayor Martino declared the Public Hearing open, which was held on the intent of Ordinance 25, 1991, increasing the annual wages of the members of the City Council, including Mayor, pursuant to Sec.:.ion 8 -2 of Article VIII of the Charter of the City of Palm ® Beach Gardens. There being no comments from the public, Mayor Martino declared the Public Hearing closed. Councilman Russo stated he would not vote for this ordinance after receiving his tax bill as he could not justify this increase at this time. However, Councilman Russo stated he believed the City Council deserved an increase. Councilwoman Monroe stated she could not vote for this ordinance as she felt the increase should be done incrementally in the future. Per a vote of 3 ayes and 2 nays of the City Council the City Clerk read, by title only on second and final reading, Ordinance 25, 1991. Councilman Kiselewski made a motion, seconded by Vice • Mayor Aldred, to adopt Ordinance 25, 1991. Ordinance 25, 1991, 4V TY COUNCIL REGULAR MEETING, 9/5/91 PAGE 10 was adopted by a vote of 3 ayes and 2 nays, with Councilman Russo and Councilwoman Monroe casting the nay votes for reasons previously given. RESOLUTIONS Per a consensus of the City Council, Resolutions 72 and 76, 1991, were moved to the end of the agenda. Ord. 26, 1991 Per a unanimous vote of the City Council, the City Clerk read, by title only, on first reading, Ordinance 26, 1991, levying a tax on real and personal property located within the corporate limits of the City for the 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 ® 9/30/91, inclusive; appropriating funds for expenditures. The City Council will consider second reading and adoption of Ordinance 26, 1991, at the Regular Meeting of 9/19/91. The first Public Hearing for Ordinance 26, 1991, will be 9/12/91. Ord. 27, 1991 Per a unanimous vote of the City Cour-il, the City Clerk read, by title only, on first reading, Ordinance 27, 1991, extension of time for PGA Bridge Center PUD. The City Council will consider second reading and adoption of Ordinance 27, 1791, at the Regular Meeting of 10/3/91. Ord. 28, 1991 Councilwoman Monroe stated she had a 7onflict of interest re: Ordinance 28, 1991, as she was on the Board of Directors for Palm Beach Gardens Medical Center. Per a vote of 4 ayes of the City ® Council, the City Clerk read, by title only on first reading, WTY COUNCIL REGULAR MEETING, 9/5/91 PAGE 11 Ordinance 28, 1991, Palm Beach Gardens Medical Center PUD. Councilwoman Monroe abstained from voting. The City Council will consider second reading and adoption of Ordinance 28, 1991, at the Regular Meeting of 10/3/:1. RESOLUTIONS ices. 7Z, 19PI Councilman Kiselewski made a motion, seconded by Vice Mayor Aldred, to adopt Resolution 72, 1991, inserting the names Jeffrey Renault, Betty Marks and Shirley Lichstein in the blanks. Resolution 72, 1991, was unaimously adopted by the City Council. Res. 76, 1991 Per a unanimous vote of the City Council, the adoption of Resolution 76, 1991, was postponed until the Regular Meeting of 10/3/91. TEMS FOR._DI$CUSSIpN: North County Governmental Center Bristol Ellington, Planner, addressed the City Council out- lining the request of Palm Beach County for policy direction for the North County Governmental Center PUD application. Mr. Ellington stated staff needed direction from City Council for the following questions and concerns: 1. Whether the library site is appropriate to serve residents in the north end of the County. 2. Should the master plan be more detailed. 3. Whether the north /south road, approved for Gardens Walk PUD be used for this development. n U �ITY COUNCIL REGULAR MEETING, 9/5/91 PAGE 12 4. Should Fairchild Gardens extension be aligned with performing arts theater for the college . The college has expressed interest in including their site in the County's overall master plan. 5. Whether there were any concerns from the City Council on language of City's draft of the Intergovernmental Agreement. Mr. Hank Skokowski, agent for Palm Beach County, addressed-the City Council stating he felt a PCD was the best alternative for this site, and the Interlocal Agreement allows the applicant to do this. Audrey Wolf, Director of Facility Planning Design and Construction, Palm Beach County, addressed the City Council re: selection of property and proposed uses for the site. 'The City Council expressed concern with the location of the library and it's accessibility to young people in the area, and requested further information as to what kind of library system this would grow into. The Council further requested information as to where neighborhood satellite branches would be located. Mr. Skokowski stated that 5.3 acres, or 25% of developable land, is designated for preservation, with Palm Beach County maintenance and responsibility. Mr. Skokowski stated that there are limits in acreag_ of pods, however, asked that this requirement be modified. The Council expressed no concern with the shared entrance roadway with Gardens Walk PUD, however, requested documents proving that DMV Building will be moved and that the State is in agreement. The petitioner agreed to design organization and to use the Vyillium C. 3fyets ,o22 Shady Lakes Ci,de !Talm Beach G.,dens, 964 33418 September 5, 1991 The Honorable Michael Martino Mayor, City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Dear mayor Martino, It is clear from your use of the Palm Beach Gardens Fall Newsletter that you are still persuing your proposed plan to have the nothern FAU campus and attendant light industrial and residential sites be located in the Wetlands. Have you not heard the environmentalists who have spoken against your proposal, and have you disregarded the Board of Regents' lack of enthusiasm for your plan and indeed Mr. Dressler's direct refection of it? Are you ignoring the 36 page report to the Treasure Coast Regional Planning Council which is also in opposition? Secretary Carol Browner of the Department of Environmental Regulation warned of the dangers of depleting our unrecoverable resources and clearly your proposed 'ise of the Wetlands is such depletion. If you need a sample of the havoc man can cause in nature, look to the flooding right now on the golf coirse still under construction. Can you imagine the problems that would be cre- ated when development starts in the most sensitive area- of the Wetlands? Mr. Mayor, I urge you to please consider the needs and listen to the voices of all of your constituents to whom you have a responsibility as an elected official of our city. Thank you. Sincerely, 1 EXCERPTS FROM CITY COUNCIL REGULAR MEETING SEPTEMBER 5, 1991 RE: ORDINANCE 25, 1991 PUBLIC HEARING AND SECOND READING Mayor Martino: Ordinance 25. That infamous... Councilman Kiselewski: Sam Carsillo. Mayor Martino: Sam, City Council action to raise it's salary. It's a Public Hearing scheduled for, or advertised on 8/21 and scheduled for this evening. Open the Public Hearing on Ordinance 25 and seek any public comment. No public comment, we will close the Public Hearing and bring it to the City Council for it's action on second reading. Councilman Kiselewski: Mr. Chairman, I'll move that Ordinance 25, 1991 be placed on second reading by title only. Vice Mayor Aldred: Second. Mayor Martino: Discussion. Councilman Russo: Yea, I have one bit of discussion. I am not going to vote for this Ordinance here this evening and it's not because of what Sam said, because I grew up in East Orange in the same city Sam spoke about and I remember the guys making a lot more than a dollar a year. Councilwoman Monroe: Laughter. Councilman Russo: (Laughter) where we were rather (laughter) different parts and probably if I had to vote for this two weeks ago, I probably would have voted for it. But, after receiving my tax bill, I just cannot, not justify in my mind to vote for this increase this evening. Although, I am in favor of paying the City Council this dollar amount. I believe you get better quality people when you pay them higher salaries. I believe this City Council is well deserved of the dollars ccm9 -5.exc • • 2 that this Ordinance will pay them. And still, for the amount of experience and quality of the people that sit up here, they are still underpaid with this Ordinance. And like I said, two weeks ago I would have voted for this, but after I have my tax increase, which I have a major problem with increasing assessments year after year after year and we say we are not increasing the millage rate, but in effect the County is making us increase taxes because they are raising the assessments and we, in effect, don't know what it is when we're talking about it. So I will be voting against this this evening for that reason in itself. Vice Mayor Aldred: On that particular issue, I asked for information on the assessments. And, basically, the assessed valuation of the property in the City of Palm Beach Gardens went up by 8% last year. Of that 8 %, 5% is attributable to new construction. Therefore, the general assessments in Palm Beach Gardens only went up 3 %. Now, mine went up 26 %, so somebody else's went down and what we.. Councilwoman Monroe: I want to know who those are. Vice Mayor Aldred: what we have is basically redistribution of the wealth and not the problem here because we don't control the assessments. Councilwoman Monroe: Mr. Chairman. Mayor Martino: Yes Linda. Councilwoman Monroe: The comment I'd like to make I would echo some of Joe's comments, but I think. I was thinking about this that, yes, we would like to think that we all warrant more money and we do put in good hours and our families perhaps suffer from time to time because of the time away. And, on the grand scheme of things, in terms of our City's budget, this is hardly a drop in ... There is a public perception and I don't think that I have gotten as many comments on anything as the City Council ccm9 -5.exc E E 3 salary in a long, long time, since this first came up on the Agenda. So, it's like the assessments, the perception that gee whiz, what is this property appraiser doing to us, because great big jumps happen periodically. They don't happen on an even basis so that we get kind of edge in to paying more money, they catch us all at one time and then you have to play catch up with your mortgage company to come up with the money to pay the next years. So it's, this is just more of a perception issue I think and I'd like to think that maybe in the future instead of doing this in lump sums several years apart, that we'd do it incrementally and then we're treated somewhat like Mr. Carsillo said, I don't agree with the way he put it either, but, whether it is a city employee or city council, let's take off little bites annually, rather than great big ones that really don't look good to the public. Mayor Martino: Problem is everytime we want to bring it up and do it incrementally, we don't do it. Councilman Kiselewski: Mr. Mayor. Mayor Martino: Yes. Councilman Kiselewski: If anybody's got a gripe with the appraiser's office, I do. (Laughter) (Cannot understand who is saying what.) Councilman Russo: You know what I think they did. I think they didn't want anybody to perceive that the politicians or the city council people... Councilwoman Monroe: were getting a break. Councilman Russo: would get a break, so I think they bumped us up double. Councilwoman Monroe: uh -huh. ccm9 -5.exc U 4 Councilman Kiselewski: A 23 year old house that lost it's Councilwoman Monroe: accessibility, had one of the two accesses Councilman Russo: to the place removed, taken out of the JDM Mayor Martino: Country Club and I haven't even painted the damn thing, jumped $63,000 or 45 %, is Linda Kosier: totally ridiculous. Even that, I still look at the job this City Council did in reducing the millage rate for those people in the City, the way the City is run and I am not ashamed to say that I think that the City Council as a whole is merited the raise. And, when it is compared to other cities, I would suggest that the cities that it is compared to, if their budgets were as evenly in balance as ours, then ccm9 -5.exc I think, I don't feel ashamed of getting that same general salary range. And, for what it's worth, period. Vice Mayor Aldred: And besides, like Sam said, I am going to keep giving it away anyway. Councilman Kiselewski: Yea, back to pay the damn taxes. (laughter) It's a vicious circle. Mayor Martino: Alright, any other discussion. All those in favor, signify by saying aye. Mayor Martino: Vice Mayor Aldred: Councilman Kiselewski: Aye. Mayor Martino: All those opposed? Councilwoman Monroe: Councilman Russo: Aye. Mayor Martino: 3 to 2. Linda, would you read Ordinance 25 on second reading? By title. Linda Kosier: An ordinance of the City of Palm Beach Gardens Florida increasing the annual salary of the members of the City Council, including the Mayor, pursuant to Section 8 -2 of Article VII of the Charter of the City of Palm Beach Gardens, to be effective October 1, 1991, providing for the repeal of all Ordinances or parts of Ordinances in conflict herewith, and providing for an effective date hereof. ccm9 -5.exc 5 Councilman Kiselewski: Mr. Chairman. I'll move for the adoption of Ordinance 25, 1991. Vice Mayor Aldred: Second. Mayor Martino: Discussion. All in favor, signify by saying aye. Mayor Martino: Vice Mayor Aldred: Councilman Kiselewski Councilman Russo: Aye. Mayor Martino: All opposed? Councilwoman Monroe: You said aye. Councilman Russo: Oh no. (Laughter) Councilwoman Monroe: No. You did what I did one time and I caught a real lot of flack. Councilman Russo: I am so used to saying aye, right. I almost was an aye in an a in that one, anyway. ccm9 -5.exc