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HomeMy WebLinkAboutMinutes Council 071990CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS JULY 19, 1990 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; and opened with the Pledge of Allegiance to the Flag. ROLL CALL The Secretary called the roll, and present were Mayor Martino, Councilwoman Monroe, Councilman Kiselewski and Councilman Russo. vice Mayor Aldred was not in attendance as he was out -of -town. 1)UNCEMENTS Mayor Martino announced there would be a Planning and Zoning Commission Meeting in the Council Chambers on Tuesday,7 /24/90 at 7:30 P.M. and a meeting of the Landscape & Tree Preservation Ordinance Committee in the Council Chambers on Wednesday, 7/25/90 at 7:30 P.M. Mayor Martino introduced the Chair of the County Commission, Carol Elmquist; County Administrator, Jan Winters; sheriff Richerd Willie; and Chief Circuit Judge, Dan Hurley. Mayor Martino stated these individuals will be addressing the City Council later re: important issue to everyone. CALL FOR BIDS The City Manager reported the two bids received from Stratton Electric Inc. and American Lighting Maintenance IRfor the lighting of the a tennis courts, as duly 0 CITY COUNCIL REGULAR !- =TIhG, JULY 19, 1990 PAGE 2 advertised on June 21, 1990 and opened and read at the Regular Meeting of July 5, 1990, have been reviewed. The City Manager stated the recommendation was to award the contract to American Lighting Maintenance in the amount of $78,364.00. in response to Councilwoman Monroe, the City Manager stated there were two different types of sport lights at the tennis courts, however, the main reason for the modification are the wooden poles supporting the lights have become rotten and unsafe and the wiring needed upgrading. In response to Councilman Kiselewski, the City Manager stated there is approximately $80,000 in the Recreation Account. In response to Councilwoman Monroe, the City Manager stated there is approximately $200,000 in Council Contingency. Councilman Kiselewski made a motion that the City Manager be instructed to award the contract for the lighting of the tennis courts to American Lighting Maintenance iq the amount of $78,364.00 with the funds to come from the Recreation Land Account; seconded by Councilman Russo. Councilwoman Monroe stated she will vote against the motion because she feels that funds for maintenance improvements should not come from the Recreation impact 0 CITY COUNCIL REGULAR MEETING, JULY !.?, 1990 PAGE 3 Fees. Councilwoman Monroe stated if the motion was for funds to come from Council Contingency, she would vote for It. In response to Councilwoman Monroe, Attorney Brant stated the main thought when the recreational impact fee was adapted, was the acquisition of land. Attorney Brant stated the code was later amended to include capital improvements on recreational land. Attorney Brant stated the way the code is structured, an expenditure for a capital improvement is allowed. Councilman Kiselewski stated he would like to amend his motion to reflect that one -half of the money be taken from Council Contingency and one -half of the money be taken from Recreation Land Account; seconded by Councilman Russo. The amended motion was unanimously approved by the City Council. PBGYAA 9 & 10 YEARS OLD SOFTBALL TEAM Mayor Martino introduced David Shaw, coach of the Palm Beach Gardens Youth Athletic Association Girls Softball Team ( 9 & 10 years old and under) who addressed the City Council re: donation for the girls to attend the National Championship Tournament to be held in Marietta, Georgia. Mr. Shaw stated there are 20 members on the team, with 12 members being residents of Palm Beach Gardens. ® Councilman Kiselewski made a motion to donate $100 for each Palm Beach Gardens resident on the team ($1,200) with 0 CITY COUNCIL REGULAR MESTING, JUL"d 7,9, 1990 PAGE 4 the funds coming from Council Contingency, to assist the team in the travel expenses for this tournament; seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. ITEMS BY THE CITY MANAG PRESENTATION SY PALM BEACH COUNTY RE: LOCAL OPTION SALES TAX Sheriff Richard Willie addressed the City Council stating when the new jail opened in 1984 it was to serve the County until the year 2000, but was overcrowded by 1985. Sheriff Willie stressed the importance of allowing the ® Special Referendum Election on Local Government One -Half Percent Sales Surtax on the November 6, 1990 General Election ballot. Sheriff Willie stated if they are unable to expand the jail, the County will again come under a rederal Court Order, meaning the County will have -�o pay $1,000 per day for overcrowding of the jails. Sheriff Willie stated the new courtrooms located in the old Burdines store, now called the D « D Center, cost the taxpayers $400.000 per month in leases. Sheriff Willie stated the County is asking the municipalities to forego their 41% on the one -half percent sales surtax to allow the taxpayers to save approximately $190,000,000 in Interest payments over the next 25 years. Sheriff Willie asked the City Council to consider signing the Interlocal Agreement with Palm Beach county agreeing to these terms. s CITY COUNCIL REGULAR MEETING, JULY 19, 1990 PAGE 5 Chief Justice Dan Hurley addressed the City Council reiterating Sheriff willie's comments and asked the City Council to consider signing the Interlocal Agreement. Chief Justice Hurley stated the county needed the funds fo- the expansion of the jail, expansion of the courthouse, and for drug intervention and prevention programs. Chair Carol Elmquist addressed the City Council stating the one -half percent sales tax, if approved, would begin on February 1, 1991 and end in 5 years on January 31, 49 1996. Chair Elmquist stated they have the required percentage of municipalities to put the referendum on the November 6, 1990 ballot, but are asking for the support of a' c_ �lities. Councilman Nise.L —ski stated he would need assurances that at the end of 5 vears, the taxpayers will see the money come back to them. Councilwoman Monroe stated she would endorse the request. Councilman Russo stated he endorses the request and would like to see funds now being paid for rent to flow back for enforcement of drug prevention and through the municipalities, drug prevention programs. Mayor Martino stated the language in the Interlocal 41 Agreement should be more specific as to how the money will CITY COUNC ?L REGULAR MEETING, . ULr 19, 1,990 PAGE 6 be spent. Mayor Martino felt the word "reconstruction" in the definition section of the ordinance should be expanded upon. Mayor Martino stated he felt the County has been upfront and specific about their nee,3s and endorses the request. Councilman Kiselewski made a motion for the City Council to sign the Interlocal Agreement and for the County to provide a summary of the presentation to be included in the City's newsletter; seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. SPACE ALLOCATION The city Manager stated the City had employed the firm of Spillas, Candela & Partners, Inc, to conduct a space allocation study for the City. The City Manager stated Kimberly Rodale, Laura Barrett and Richard Foley were in attendance this evening to discuss the study and answer any questions. Ms. Rodale gave a brief overview of the study and entertained questions and comments from the City Council. Councilman Kiselewski requested further clarification of the Building Issue re: square footage and costs. Councilman Russo requested the total square footage required for 1990 compared to what the City now has. Councilman Kiselewski made a motion to receive and file I� the report along with the requested additional �P information; seconded by Councilwoman Monroe. The motion 0 CITY COUNCIL REGULAR MEETING, JULY 19, 1990 PAGE 7 was unanimously approved by the City Council. COMPREHENSIVE FLAN SUBMITTED TO DCA The City Manager stated the City has come to an agreement with the DCA on the Comprehensive Plan and will be bring the information back to the City Council at the next Regular Meeting. REPORTS AND ITEMS BY TIM MAYOR AND COUNCIL MAYOR MARTINO Mayor Martino reported he attended the Traffic Performance Standards Meeting. Mayor Martino recognized Jason Lichtstein and Irwin Mendelssohn, who previously submitted a letter to the City Council requesting the City pass an ordinance declaring the City of Palm Beach Gardens a "Nuclear Free Zone". Mayor Martino stated the letter is being discussed with the City Attorney, who is researching if the City can adopt the requested ordinance into the Code. Mr. Lichstein and Mr. Mendelssohn submitted additional information to Attorney Brant for his review. COUNCILMAN RUSSO Councilman Russo reported the North County Boys & Girls Club street party previously approved was rained out and has been rescheduled for July 28th. Councilman Russo stated he attended the Beautification & Environmental Committee meeting and there was concern by ® the members of the Committee as to what their job entails, and requested direction from the City Council. Councilman { 0 CITY COUNCIL REGUT -AR MEETING, JUL- 19, 1990 PAGE a Russo stated the Committee would like to receive some budget money to be able to make awards. Councilman Russo stated the members also requested information regarding the funds for the Community Center. Mayor Martino stated this will be scheduled for further discussion at the budget meetings. In response to Councilman Russo, the City Manager stated the City is still looking into purchasing a good used streetsweeper. COUNCILWOMAN MONROE Councilwoman Monroe reported attending the Code Enforcement Board Meeting. C&CILMAN KISELEWSKI Councilman Kiselewski stated he has determined that good government is a direct factor of, not only the people who operate the government, but also the press coverage received. Councilman Kiselewski complimented Nory Roggen of the Palm Beach Post, for covering the stories accurately and fairly. Councilman Kiselewski cited the meeting of the Solid Waste Authority on Wednesday morning, as being reported inc,irrectly relating to the increase of Mr. Hunt's salary by 5 %. Councilman Kiselewski stated the Solid waste Authority public hearing to be held on July 31st, will be convened at the West Palm Beach City Hall and then recessed to John I. Leonard High School. Councilman Kiselewski stated the Metropolitan Planning 0 CITY COUNCIL REGUTAF. MEETING, JULY _9. 1940 PAGE 9 Organization met Thursday morning and the 4 cents per gallon gasoline tax will be used in the County in which it is produced. 11 COMMENTS FROM THE PUBLIC FOR ITEMS NOT 13N TIM AZ!MA ERNEST CHUILLI Is Councilman Kiselewski stated he will make his comments regarding the Arts Advisory Committee meeting he attended when Ordinance 13, 1990, is workshopped later this evening. Councilman Kiselewski stated he met with Haney Frakes, Assistant County Engineer, re: providing sidewalks on Military Trail between the bridge and Holly Drive. Councilman Kiselewski reported Mr. Frakes stated he would look into the problem and requested the City Manager followup on the request. Mayor Martino stated he would like Councilman Kiselewski to bring to the Metropolitian Planning Organization's attention the fact that there are inconsistencies between thoroughfare plans. Councilman Kiselewski stated the data bank which the County is using is wrong and stated the Metropolitan Planning Organization is going to try g.t a new 0 6 D Study. Ernest Chuilli, 10736 Locust Street, Palm Beach Gardens, addressed the City Council stating he has lived there CITY COUNCIL REGULFR MEETING, JUTor '9, 1990 PAGE 10 approximately 14 years and for the past year the canal behind his house has averaged a depth of approximately 1 foot. Mr. Chuilli stated he has been told the pump on Al'_ernate A -1 -A is out and it will be repaired. Mayor Martino stated the Council would provide Mr. Chuilli -;ith an answer as soon as possible. CONSENT AGENDA Councilman Kiselewski made,a motion to approve the items on the Consent Agenda; seconded by Councilwoman Monroe. Per a unanimous vote of the City Council, the following items on the Consent Agenda were approved and adopted: 1. Approval of Minutes of 6/27/90 Special Regular ® Meeting. 2. Approval of Minutes of 7/5/90 Regular Meeting. 3. Resolution 96, 1990 - Authorizing the Mayor and City Clerk to execute an agreement between the City and the MacArthur Foundation for the donation of 16.9 acres for park or recreation purposes on Burns Road and granting of credits for future development. 4. Resolution 97, 1990 - authorizing th- City Manager to establish a bank account with the State Board of Administration re: Public Golf Course. PUBLIC HEARING ECONOMY TNNF Mayor Martino stated the Public Hearing is a continuation of a recessed Public Hearing of 7/5/90, as duly advertised 6/20/90. Mayor Martino declared the Public Hearing reconvened and stated the City Council sits as a variance board in a quasi- judicial mode. The Petitioner was not in attendance for the Public Hearing. • CITY COUNCIL REGULkR M�I"SIFG, JUL`/ :S, :390 PAGE 11 After Attorney Brant ascertained the Petitioner had been properly notified of the continuance, he recommended to the Board, in their current capacity, the petition be dismissed for lack of prosecution without prejudice. Mayor Martino declared the Public Hearing closed. CoL.icilman Kiselewski made a motion to dismiss the petition for lack of prosecution without prejudice; seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. RESOLUTIONS RESOLUTION 94, 1990 Mayor Martino stated the City Council had previously ® reviewed Resolution 94, 1990, authorizing the Mayor and City Clerk to execute on behalf of the City a 3 year contract between Inter -City Emergency Medical Services, Inc., and the City of Palm Beach Gardens, at the Regular Meeting of 7/5/90 and had asked that some modifications be made to the contract. Attorney Brant stated the language re: level of service had beef. mocified; a uefault section had been included in the contract; and when the vehicles could leave the city had been clarified. After discussion by the City Council, the City Clerk was directed to amend the contract as follows: I. Page 2, Paragraph A, First Line: Add "at all times" after "shall ". 0 CI'T'Y COUNCIL REGULAT7, ?MEETING, JU.'',y i? , 1990 PAGE 12 2. Page 2, Paragraph B: Delete Paragraph B and add a new Paragraph B to read as follows: "Based upon the City's current boundary, the Provider agrees to maintain an average response time of no more than 5.0 (Flvx) minutes in response to emergency calls as defined herein and shall respond only to 911 calls or their equivalent. within thirty (30) days after the effective date of any annexation, this time may be adjusted by common agreement on both parties." 3. Page 2, Paragraph C, Second Line: Change "rotate" to "provide ". 4. Page 5, Article VIII - Default, Sixth Line: Change "thirty (30)" to "one hundred eighty (180) ". 5. Page 5, Article IX, First Sentence: Before ": ", add "and submitted evidence of same to the City of Palm Beach Gardens on an annual basis or as the contract is renewed ". 5. Under Article IX - Insurance, add a new Paragraph F to read as follows: "in the event any of the above required insurance policies and in the amount stated shall not be kept in legal force and effect it shall be cause for the City to declare immediate termination of this agreement." 7. Page 9: Change the signature from the City Manager to the Mayor. Scherry Morris, Chief Inter -City, addressed the City Council and stated there was not a problem in making the changes the City Council recommended. Councilman Kiselewski made a motion to adopt Resolution 94, 1990; seconded by Councilman Russo. Ronald Joseph Beesley, President of the Professional Firefighters Paramedics of Palm Beach County and representative of the Palm Beach Gardens Firefighters, ® 2 CITY COUNCIL REGULAR MEETING, JULY it#, 1990 PAGE 13 1490 south Military Trail, west Palm Beach, addressed the City Council and stated his concerns and objections to the contract with Inter -City. The motion was unanimously approved by the City Council. RESOLUTION 98, 1990 Rich Walton, Director of Planning and Zoning, addressed the City Council re: Resolution 98, 1990, site plan approval for RaCoAmo, Inc., located on the south side of Burns Road, west of I -95 overpass. Mr. Walton briefly reviewed the petition for site plan approval. Mr. Walton stated all changes have been included and corrected on the site plan with the exception of the parking space. Mayor Martino noted on the first page of Resolution 98, 1990, next to last paragraph, the word "or" should be "of". After further discussion_by the City Council, the following changes were made to the conditions in Section 2: 1. The conditions should be numbered. 2. On Condition 1., delete the first line and change the second line to read "The Petitioner will ensur-3 that the lighting does not shine onto neighboring properties. 3. On Condition 2., add "as determined by the Fire Department" to the end of the sentence. 4. One Condition 3, add "One (1)" at the beginning of the sentence. 5. Delete Conditions # 5 and #6. Mayor Martino stated the City Council had a consensus to CITY COUNCIL REGULAV MEETINr,, XTI V I'l, =S90 PAGE 14 remove the parking space and cautioned Mr. Brock as the representative of the Petitioner, that since there are only 4 council members present, a vote could result in a tie resulting in a defeat. Mayor Martino stated Mr. Brock could ask for a continuance to the next meeting, or Mr. Brock could remove the parking space. Steve Brock, representative for RaCoAmo, Inc., addre §sed the City Council stating since the Petitioner is not present tonight, he would request Resolution 98, 1990 be postponed until the Regular Meeting of 8/2/90. Mayor Martino suggested the Petitioner delineate on a ® piece of paper why he needs that parking space and provide same to the Council prior to the next meeting. Mayor Martino stated Resolution 98, 1990, will be rescheduled for consideration of adoption to the Regular Meeting of 8/2/90. ORDINANCES ORDINANCE 13, 1990 Councilman Kiselewski stated the Art Advisory Committee has made 4 basic suggestions to amend Ordinance 46, 1988. The first suggestion is commissioning of the artist shall be by written contract between the developer and the artist. Councilman Kiselewski felt thi: was good because it would take the City out of the middle of the negotiations. Councilman Kiselewski stated that suggestion N3 was changed to read: "The AAC may place "an" 0 CITY COUNCIL REGULAR *t1;rTING, JULY 39, 1450 PAGE 15 instead of "one" advertisement in a regional publication. Councilman Kiselewski stated he felt this was a good change. Councilman Kiselewski stated that suggestion #4 dealt with the methodology of handling the art work and felt this would be acceptable. Councilman Kiselewski stated there are two provisions in Ordinance 46, 1988; one requires the members of the Advisory Committee be residents of the City, and the other requires the committee members not to be tied to the art world directly. Councilman Kiselewski stated 3 of the 4 members violate those provisions. Councilman Kiselewski ® stated that Howard Ostrout and Paul Aho are not residents of the City and David Miller, who is a resident of the City, is an art dealer. Councilman Kiselewski stated the reason for suggestion #2 was to circumvent those provisions. Attorney Brant stated there are different requirements for the Ci -cy's advisory boards as far as residency. Councilman Kiselewski felt the suggestions were all acceptable, except for # 2. Councilwoman Monore stated she had a problem leaving it open for a high percentage of the members of the board to be non - residents. There was a consensus of the City Council to amend (3) in Ordinance 46, 1988 in Section v., to read as follows: CITY COUNCIL REGULAR .'!'_=71NG, JUNE 1�, 1990 PAGE 16 'Three persons selected by the City Council which shall not include a Council member. The majority of the appointed members must be residents." Attorney Brant was directed by the City Council to add the amendments to ordinance 13, 1990, ITEMS FOR DIDI CAN CABALLO POINT Rich Walton, Director of Planning and zoning, addressed the City Council and briefly reviewed the Caballo Point petition. Mr. Walton stated the project is designed to be a modified zero - lot -line, however, the units are three feet off of the zero -lot -line. Mr. Walton stated the Planning and zoning Commission recommended approval of the petition with the following six conditions: 1, Final plans for the wall /fence combination, landscape plans for the common areas, the entry sign and car gate shall be submitted to the City for review and approval by subsequent resolution prior to the issuance of any building permits. Planting of the tree line shall be done up front and maintained and irrigated properly. More details on space and size for the landscape plans will be provided and pictures and details of the tot lot. 2. The two ficus trees showr to be preserved shall be preserved in place as reflected on the 7 /2/90 site plan. 3. with the approval of the final plat, the petitioner shall either construct the left turn lane and right turn lane facilities on Northlake Boulevard or provide the bonding to ensure their construction wheic Northlake Boulevard is widened. 4. The site plan shall be revised to reflect that on lots 22 and 25, there be a two -story home, and on lots 21, 23, 24 and 26, there be a one -story home. S. The setback for fiberglass spools or spas shall be • CITY COUNCIL REGULAR MRFTING, JUL`.•° 13, 1:�90 PAGE 17 revised from 3 feet to 5 feet. 6. The homeowner's association shall maintain the canal to the south. In response to Councilman Kiselewski, Mr. Walton stated this project is 5.43 acres and the comprehensive plan allows 4 units per acre for straight zoning plus one for PUD and the petitioner is requesting 4.8 units per acre. Councilwoman Monroe felt this was a request for a single - family home on half -size lots and not a zero -lot -line request. Mike Houston, Urban Design Studio, addressed the City ® Council and stated he had spoken with the Building Inspector who had informed him a setback of up to three feet is allowed. Mr. Houston pointed out Divosta & Company are using this concept with Lake Catherine. In response to Councilman Kiselewski, Mr. Houstoa stated he thought the three foot setback allowed was not in the zoning book, but could be in the building code. Mayor Martino stated this question would be answered before Mr. Houston appeared before the - Council again. Per a consensus of the City Council, in Condition q5, "fiberglass" was deleted. In response to Mayor Martino, Mr. Houston stated when the owner received the deed for the canal from Northern water . Control District, they received a deed for ownership and not for maintenance. Mr. Houston stated they will be • CITY COUNCIL REGULAR �IFETYNG, JUrIv ;R, 1990 PAGE 18 clearing the easement of debris, but the Northern Water Control District will maintain the easement. The remainder of the common areas will be maintained by the homeowners association. Mr. Houston stated each individual homeowner will maintain their back yards. M1. Houston stated the two story units will limited to Lots 2, 4, 7, 9, 11. Mr. Houston stated there will be no two story homes on the eastern edge and there could be two story homes on the outside edge of the inner circle. Mr. Houston stated Mr. Horowitz has met with the adjacent homeowners and have come to an agreement re: planting. ® Mr. Houston stated the agreement is planting laurel oaks 20 feet on center, and $3,200 toward the planting of wax myrtles along the entire length of the "r property along with a six foot wall. Councilman Kiselewski stated he did not feel in the PUD process there was anything unique about the product or the site and did not feel the City Council should provide a bonus when it is already crowded. Mr. Houston felt the treatment of Northlake Boulevard, created buffers between this property and adjacent property. Mr. Houston felt details such as signage and the wall treatments make this property unique to provide for the bonus under the PUD process. Mayor Martino stated Mr. Houston should justify the PUD he 0 CITY COUNCIL REGULAR MEnTING. JUI, Y 19, 1990 PAGE 19 is requesting before returning to the Council. Mayor Martino was concerned the perimeter landscaping be maintained by the homeowners association and not the individual homeowners. Mayor Martino stated there will be another workshop for this proposed development. INTERLOCAL AGREEMENT Rich Walton, Director of Planning and Zoning, addressed the City Council and stated the first reading of the Ordinance for the voluntary annaxation of the Briger property was 7/5/90 and the second reading is scheduled for 8/16/90. Mr. Walton stated the County is requesting an Interlocal Agreement to amortize the fire service in annexed areas. Attorney Brant stated a message received from Attorney Banks of Palm Bach County indicated there were other areas to be covered besides fire service. Mayor Martino stated the City has, in good faith, sent a letter to the County Commission informing them the City will be holding a referendum on November 6, 1990, and have sent the Commission the Interlocal Agreement stating the City will sign same. Mayor Martino stated he felt the City should proceed with the Interlocal Agreement with the County as done in the ® past. In response to Councilwoman Monroe's concern re: