HomeMy WebLinkAboutMinutes Council 110190CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
NOVEMBER 1, 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,
a,lorida; and opened with the Pledge of Allegiance to the
Flag.
ROLL CALL
The City Clerk called the roll, and present were Mayor
Martino, Councilwoman Monroe and Councilman Russo. Vice
Mayor Aldred and Councilman Kiselewski were not in
attendance, as they were both out -of -town.
UNCEMENTS
Mayor Martino announced there would be a Special Regular
Meeting of the City Council on November 8, 1990, at 8:00,
in the Council Chambers; a meeting of the Planning and
Zoning Commission on Tuesday, November 13, 1990, at 7:30
P.M. in the Council Chambers; and a meeting of the
Beautification & Environmental Committee on Wednesday,
November 14, 1990, at 7:30 P.M. at the Community Center.
ITEMS BY THE
CITY MANAGER
MEDIATION PROCESS
The City Manager reported on the response from the County
Attorney re: mediation process and felt it was an exercise
in futility. The City Manager reported the response
stated the County does not agree to abide by the
mediation.
in response to Mayor Martino, Attorney Brant sta�cd a
Car COUNCIL REGULAR MEETING, 11/1/90 PAGE z
- L :b1Ac hoar'rg •nusd be requested.
The City Manager stated the City is looking for openness
and that if there are compelling reasons to change, the
parties would abide by that decision.
TPS ORDINANCE
The City Manager stated the Tr ' Performance Standards
ordinance which was passed by t County last week,
huwever, as of today he has been unable to get a copy of
the approved document. The City Manager stated a letter
was sent to Jan winters, County Administrator, requesting
a copy. The County Attorney's Office and the Planning
Department were called and stated the document was not
ready.
In response to Mayor Martino, Attorney Brant stated if
there were substantial changes in an ordinance between the
first and second reading, it should go back to first
reading as it could mislead the public. Attorney Brant
stated he was only speaking to municipal law and not
county law, Attorney Brant stated re: Chapter 119, Public
Records Law, the document should be available within a
reasonable time frame. Attorney Brant recommended making
an formal demand under the Public Records Law.
Per a consensus of the City Council, Attorney Brant was
directed to write a letter referencing Chapter 119 and
demand a copy of the County's Traffic Performance
Standards Ordinanc?.
L &SCAPE PLAN
The City Manager stated several years ago the city Council
C# COUNCIL REGULAR MEETING, 11/1/90 PAGE 3
approved $30.0:,0 for a landscape plan for the Community
Center, to be taken from Recreation Land Facilities
Account, per the recommendation of the Beautification and
Environmental Committee. Since that time there have been
legal opinions that landscaping does not fit the criteria
for expenditures from this account. The City Manager
s'_ated the money could be taken from Council Contingency.
The City Manager stated the Beautification and
Environmental Committee could conduct a tree sale and use
the proceeds for the Community Center landscaping plan.
HOLIDAY SPIRIT
PARADE The City Manager stated the Holiday Spirit Parade has been
scheduled for November 17, 1990, and the Recreation
0 Department requested the Councilmembers to participate in
the parade. The City Manager stated Bloomingdales will
also open November 17, 1990.
REPORTS AND ITEMS BY
THE MAYOR AND COUNCIL
MAYOR MARTINO Per Mayor Martino's suggestion, there was a consensus of
the City Council to postpone Resolution 143, 1990,
opposing Palm Beach County's Environmentally Sensitive
Land Ordinance until there.is a full attendance of the
City Council.
Mayor Martino stated George Long, Town Manager of Lake
Park is in the audience tonight to discuss problems re:
Ordinance 26, 1990. Mayor Martino stated earlier today
the City's staff and the Mayor of Lake Pa -k met to discuss
Ordinance 26, 1990, scheduled later on the Agenda.
Mayor Martino requested direction from the Council on how
C& COUNCIL REGULAR MEETING, 11/1/90
PAGE 4
to answer tna Ce,,!nty's 1 -etter re: Local Option Sales Tax.
There was a consensus of the City Council for Mayor
Martino to respond stating the City would prefer the 67/33
split rather than the 75/'25 split.
Mayor Martino reported he met with the YAA re: recreation
facilities and policies the Council instructed staff to
follow. Mayor Martino reported the YAA requested parents
of non- residents in future annexation areas to be able to
participate on various boards as volunteers.
Mayor Martino stated the Council has established
guidelines for our recreation department, and if the YAA
wants to do something different, they can as long as it
does not conflict with the City's guidelines.
Councilman Russo stated the YAA has agreed they do not
want any new non - residents in the programs.
There was a consensus of the City Council to wait until
there is a full Council to discuss fees; until then
administration should work within the present guidelines.
COUNCILWOMAN MONROE
Councilwoman Monroe reported receiving a copy of the memo
from Mark Hendrickson to Rich Walton re: DOT Highway
Beautification Grant Program and requested clarification
on why the Beautification and Environmental Committee did
not wish to pursue the grant money at this time.
Councilman Russo sated the Beautification and
Environmental Committee felt they could not do the
®
paperwork.
Cir COUNCIL REGULAR
MEETING, 11/1/90 PAGE 5
93r a cOnS?: ". =1) = cf the City Council, staff was directed to
come back to Council with dates for grant monies and how
much time it would take to complete an application.
Councilwoman Monroe reported she met with [dark Hendrickson
earlier this week to discuss problems with the Streetscape
Plan. This item should come before the City.
CONSENT AGENDA
Pe-r a consensus of the City Council, Item #8, Resolution
144, 1990, was removed from the Consent Agenda.
Councilwoman Monroe made a motion to approve the following
items on the Consent Agenda; seconded by Councilman Russo.
Per a unanimous vote of the City Council, the following
items on the Consent Agenda were approved and adopted:
1. Approval of Minutes of Regular Meeting, 10/4/90.
2. Approval of Minutes of Regular Meeting, 10/18/90.
4. Resolution 137, 1990 - Granting a Conditional Use for
the sale /service of beer and wine for on- premise
consumption at "California Smoothies" located in the
food court within the Gardens Mall.
5. Resolution 140, 1990 - Minor modification to the Oaks
PUD, approved 11/16/89 by Ordinance 31, 1989, and
5/3/90 by Resolution 60, 1990.
6. Resolution 141, 1490 -- Supporting and endorsing the
position of the Municipal League w -th regard to the
jurisdiction of the Palm Beach Countywide Planning
Council.
7. Amending the Amount of Interim Service and Facilities
Fee set forth in said Section 94.40.
Per a consensus of the city Council, the following item
was adopted and approved:
3. Approval of Minutes of Special Regular Meeting of
10/24/90.
VCOUNCIL REGULAR MEETING, 11/1/90 PAGE 6
RESOLUTIONS
RESOLUTION 98, 1990 Rich Walton, Director of Planning and zoning, addressed
the City Council and stated the only outstanding item was
the parking space encroaching on 15' landscape setback.
Steve Brock, representative for Ra Cc Amo, addressed the
City Council re: parking space. Mr. Brock stated the
I- etitioner is requesting a 5" a encroachment or be
permitted to reduce the parking spaces to 8' 10" each.
Councilwoman Monroe stated she had a problem going below
916" and she would not vote for anything below 91.
Councilman Russo felt the parking spaces were too
congested upfront and felt the parking space should be
® removed.
Mayor Martino stated he did not have a problem with the
parking space.
In response to Mayor Martino, Mr. Brock stated this
project will have a Unity of Title.
Councilman Russo felt there should be a full Council
present before voting on this project.
Attorney Brant stated he has done legal work for one of
the principals of the corporation, but has not been
involved in this position.
Mayor Martino read into the record a letter from Mr. Brock
requesting a 90 day continuance.
Councilwoman Monroe made a motion to postpone Resolution
98, 1990, for 90 days, to be scheduled for the first
C COUNCIL REGULAR MEETING, 11/1/90 PAGE 7
:;_Sting in F br::uty, unless an earlier date is requested
by the Petitioner; seconded by Councilman Russo. The
motion was unanimously approved by the City Council.
ORDINANCES
ORDINANCE 24, 1990 Rich Walton, Director of Planning and Zoning, addressed
the City Council and briefly reviewed Ordinance 24, 1990.
Councilwoman Monroe stated she endorsed the annexation to
allow more control over the future development in the
area, but questioned whether the City had the ability to
have control over the timing of development.
In response to Councilwoman Monroe, Attorney Brant stated
re: Chapter 171, Florida Statutes, until such time as the
City amends its Comprehensive Plan, the owner continues
under the County's Comprehensive Plan, and the County's
land use regulations.
Councilwoman Monroe was concerned that after the City
amends its Comprehensive Plan, the owner would request to
develop the property, and questioned how the City would
stop the development in the northwest corner. In response
to Councilwoman Monroe, - - -the City Manager stated the City
would look at the ability of the City to provide the
service and if not possible, would approach the County
with an Interlocal Agreement.
In response to Councilwoman Monroe, Mr. Walton stated when
the developer submits a site plan, the City would review
® all policies in the Comprehensive Plan regarding those
W COUNCIL REGULAR MEETING, 11/1/90
PAGE 8
.areas ro. ur't,�ftn .prawl.
Mayor Martino declared the Public Hearing open, which was
duly advertised 10/17/90, and held on the intent of
annexing into the City a parcel of land comprising of
10,217.23 acres, north of PGA Boulevard.
There being no comments from the public, Mayor Martino
declared the Public Hearing closed.
Per a consensus of the City Council, the City Clerk read,
by title only, on second and final reading, Ordinance 24,
1990.
Councilwoman Monroe made a motion to adopt Ordinance 24,
1990; seconded by Councilman Russo. The motion was
® unanimously approved by the City Council.
ORDINANCE 25, 1990 Rich Walton, Director of Planning and Zoning, addressed
the City Council and briefly reviewed Ordinance 25, 1990.
In response to Councilwoman Monroe, the City Manager
stated he received a telephone call from the Bob Banks,
County Attorney, re: airport being an enclave. The City
Manager reported it is the County's position that this
does not constitute an enclave since the airport is a
self- contained unit and compared this area to John Prince
Park in Lake Worth.
Mayor Martino declared the Public Hearing open, which was
duly advertised 10/17/90, and held on the intent of
Ordinance 25, 1990, annexing into the City 1,653.01 acres
west of the Beeline Highway.
C COUNCIL REGULAR MEETING, 11/1/90 PAGE 9
Thera beir3 no co ~.ments from tha public, MayuL Martino
declared the Public Hearing closed.
Per a consensus of the City Council, the City Clerk read,
by title only, on sEcond and final reading, Ordinance 25,
1990.
Councilwoman Monroe made a motion to adopt Ordinance 25,
1 .)50; seconded by Councilman Russo. The motion was
unanimously approved by the City Council.
ORDINANCE 26, 1990 Rich Walton, Director of Planning and Zoning, addressed
the City Council and reviewed Ordinance 26, 1990. Mr.
Walton stated there is a conflict on Area 5 with the Town
of Lake Park, however, there did not seem to be any
conflict with Areas 3 or 4.
George Long, City Manager of Lake Park, addressed the City
Council requesting action on this Ordinance relating to
Area 5 be postponed. Mr. Long discussed the history of
the area during 1987/1988 wherein the cities in the north
area met to discuss future annexation, Mr. Long stated
the area west of the canal and south of Northlake
Boulevard does not present a conflict, however the C -17
canal right -of -way does present a conflict. Mr. Long
stated the Town of Lake Park is involved in a feasibility
study which should be completed within 45 - 60 days. Mr.
Long stated although he does not know the results of the
feasibility study, it would not make sense for Lake Park
• to annex that parcel alone. Mr. Long stated that due to
COUNCIL REGULAR MEETING, 11/1/90 PAGE 10
the 30 day tune limit in filing a lawsuit: once an
ordinance is approved, Lake Park would have no choice but
to file a suit against the City Palm Beach Gardens if
Ordinance 25, 1990, including Area 5, was adopted this
evening. Mr. Long stated the relationship between the
Town of Lake Park and the City of Palm Beach Gardens in
the past has been good and that it was his hope that a
lawsuit would not need to be filed. Therefore, Mr, Long
requested postponement of Ordinance 26, 1990.
Councilwoman Monroe stated she agreed with Mr. Long in
postponing consideration of Area 5.
Councilman Russo stated he agreed with Mr. Long in
40 postponing consideration of Area 5.
Mayor Martino stated one item to consider is that
particular piece of property is privately owned and the
Council needed to hear from the Petitioner.
Gary Wilson, representing MacArthur Foundation, addressed
the City Council stating the MacArthur Foundatior did not
have a problem with the postponement of Area 5.
Tim Monahan, Attorney for Town of Lake Park, addressed the
City Council, and suggested deleting all references to
Area 5 in Ordinance 26, 1990.
Mayor Martino declared the Public Hearing open, which was
duly advertised 10/17/90, and held on the intent of
annexing into the City 3 parcels of land comprising of
35.94 acres.
VCOUNCIL REGULAR MEETING, 1111190
ITEMS FOR DISCUSSION
PGA NATIONAL COMMERCE
PARK
PAGE 11
Debra Erockw(,Yex, 3554 Dan Boulevard, addressed the City
Council stating she has spoken with a majority of the
property owners and their desire is to be annexed into
Palm Beach Gardens.
There being no further comments from the public, Mayor
Martino declared the Public Hearing closed.
Per a consensus of the City Council, the City Clerk read,
by title only, on second and final reading, Ordinance 26,
1990.
Councilwoman Monroe made a motion to adopt Ordinance 26,
1990, by amending the Ordinance to delete all references
to Area 5 in the Ordinance, including the map and legal
description; seconded by Councilman Russo. The motion was
unanimously approved by,the City Council.
Rich Walton, Director of Planning and zoning, addressed
the City Council detailing site plan revisions. Mr.
Walton stated the Petitioner has combined Lot *Is 16 and
17 which are now shown as one lot, totalling over 1 acre.
Hank Skokowski of Urban Design Studio, agent for the
Petitioner, addressed the City Council stating the lots
are proposed to be minimum of 1 acre with the exception of
eight 1/2 acre interior lots. Mr. Skokowski stated should
the City permit the Petitioner to plat in 1/2 acre
increments, the Petitioner would agree to a minimum lot
C COUNCIL REGULAR MEETING, 1111190 PAGE 12
.,ixp of one acre for each development, contained under a
Unity of Title. Mr. Skokowski stated the Petitioner
would comply with the condition on landscaping standards
along Florida Turnpike and the PGA National City Park,
with an understanding or qualification that the condition
be subject to final review and determination by the City
Council.
The City Manager suggested indicating on the legend of the
plat that a minimum of 1 acre be required for development.
Councilman Russo stated he did not like the proposal as
presented, as it was not what it was originally intended.
In response to Councilwoman Monroe, Steve Tendrich stated
the park has not been developed because the park is not
large enough and the employment base in thy: immediate area
does not support the original approval.
Attorney Brant was directed to prepare a resolution for
consideration of approval at the Regular Meeting of
11/15/90, including all applicable impact fees in force at
the time of issuance of building permits.
Mr. Tendrich requested, and the Council agreed, they not
be required to install the left hand turn lane until
needed, as indicated by the City Engineer.
Attorney Brant was directed to leave Ccndition #6 and 7 in
the Resolution as it is subject to Site Plan Review on a
parcel by parcel basis.
S &OAST UTILITIES
REZONING Rich Walton, Director of Planning and Zoning, add,essed
VCOUNCIL REGULAR MEETING, 11/1/90
PAGE 13
t,.8 City CDL-;.cil s'4ating Seacoast Utility Authority is
requesting to rezone the site to Palm Beach Gardens'
zoning designation of GU- Government Use. Mr. Walton
stated simultaneously with the rezoning,request, the
petitioner is requesting site plan approval for the
installation of a two million gallon finished water
storage tank, backwash water recovery system and a vehicle
storage structure.
Councilwoman Monroe stated she was concerned with the lack
of landscaping around the site.
Per a consensus of the City Council, Attorney Brant was
directed to prepare an Ordinance for first reading at the
Regular Meeting of 11 /15/90 for the rezoning and site plan
approval and to include certain landscaping in future
development,
LAND DEVELOPMENT
REGULATIONS
Rich Walton, Director of Planning and Zoning, addressed
the City Council stating a date needed to be established
for a meeting on the Land Development Regulations. Mr.
Walton stated the consultant is leaving on November 22,
1990, for an extended period of time. Per a consensus of
the City Council, a Special workshop Meeting was scheduled
for 7:30 P.M. on Wednesday, November 14, 1990.
COMPREHENSIVE LAND
USE PLAN
Rich Walton, Director of Planning and zoning, addressed
the Citv Council stating the City has not receive written
40
comments from the DCA, however has received verbal