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HomeMy WebLinkAboutMinutes Council 092090CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS SEPTEMBER 20, 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, Vice Mayor Aldred, Councilman Kiselewski and Councilman. Russo. Councilwoman Monroe was not in attendance as she was out -of -town. V there be the APiNOUNCEMENTS Mayor Martino announced would a meeting of Planning and Zoning Commission, Tuesday, 9/25/90, at 7:30 P.M. in the Council Chambers and a meeting of the Landscape & Tree Preservation Ordinance Committee on Wednesday, 9/26/90, at 7:30 P.M. in the Council Chambers. ITEMS BY THE CITY MANAGER CAPTAIN CLARK The City Manager reported the City has made an offer of settlement to the Board of Trustees in the Clark case, and the offer has been rejected by the Pension Board. In response to Mayor Martino, the City Marager stated negotiations are still continuing between the City and the Pension Board. _AS US COUNT The City Manager reported the City is trying to justify COUNCIL REGULAR MEETING, 9/20/90 PAGE 2 The number of people that actually live within the City. The City Manager stated a revised information summary has been forwarded to the Census Bureau for review. The City Manager stated his office has identified approximately 3,000 homes within Palm Beach Gardens that the Census Bureau did not calculate. REPORTS AND ITEMS CIL PRESENTATIONS Mayor Martino made a presentation to Captain Steven Carpenter of the Palm Beach Gardens Police Department for ten years of service with the City. Mayor Martino made a presentation to Officer Robert wummer of the Palm Beach Gardens Police Department a Medal for Meritorious Service Award. MAYOR MARTINO Mayor Martino reported he and the City Manager have met with the County Commission re: Environmentally Sensitive Lands Ordinance. Mayor Martino reported that hopefully this item wJ11 be stricken from the November Ballot and rescheduled for February or March, 1991. Mayor Martino reported attending the Traffic Performance standards Advisory Committee and the Committee is basically drawing to a conclusion with its efforts. Mayor Martino stated at this time there is not a final document in draft form which contains all suggestions and compromises. Mayor Martino stated it has been determined ® that the Traffic Performance Standards Implementation Ordinance cannot take force and effect until the 3oari of C�t COUNCIL REGULAR MEETING, 9/20/90 PAGE 3 C, )unty Cor.:ml.:;3ioners amends the Traffic Circulation Element of their Comprehensive Plan. Mayor Martino stated the Traffic Performance Standards Advisory Committee has voted to request the Board of County Commissioners, due to these circumstances, to take this opportunity to put together a draft which is acceptable to the Committee as a majority, to be distributed to the members of the Commission and all the municipalities of Palm Beach County. These entities would have the opportunity to review the draft and bring their comments to the Committee. The Committee would, by majority vote, include the comments in the document, and submit the document to the Board of County Commissioners for their consideration. Mayor Martino reported on the Public Hearing before the County Commission re: Hood Road Alignment. Mayor Martino briefly reviewed history of the alignment of Hood Road. Mayor Martino stated the City has complied with the County's requests. Mayor Martino stated the City Council, nor any member of staff, has any familiarity with the alternatives suggested by the County Commission. Mayor Martino stated staff was present at the Public Hearing and the alternative on the table was one the City knows nothing about. Mayor Martino stated tho City's input in the Public Hearing was summarily dismissed. Mayor Martino stated it was his and staff's recommendation to the City Council that the City advise the Board of County Ce COUNCIL REGULAR MEETING, 9/20/90 PAGE 4 Comiri ^sione.�v 1�haL by their action Tuesday, September 18, 1990, they have created a interjurisdictional incompatibility with the City's Comprehensive Plan and have breached the faith of an Interlocal Agreement executed by the County and the City. Mayor Martino, at this time, read a letter he had written to the County Commission, (copy attached). Councilman Kiselewski made a motion to forward to the Chair of the County Commission the letter Mayor Martino read; seconded by vice Mayor Aldred. The motion was unanimously approved by the City Council. COUNCILMAN KISELEWSKI Councilman Kiselewski reported he was in Tallahassee last ® week representing the Transportation Disadvantage Committee and was able to convince the State Transportation Commission to appoint the Metropolitan Planning Organization as.the coordinator for all the funding and coordination of transportation for the disadvantaged in Palm Beach County. Councilman Kiselewski reported attending the Solid waste Authority meeting, which was unable to continue, due to lack of a quorum. Councilman Kiselewski reported the Seattle plan was discussed in detail, however the plan creates illegal dumping. Councilman Kiselewski reported attending the Art Advisory Committee on Monday, and the representative of DiVosta & Company presented the art piece selected for the front of COUNCIL REGULAR MEETING, 9120190 PAGE 5 the DiVosta builaing located on the southwest corner of PGA Boulevard and Military Trail. Councilman Kiselewski stated the art piece will be coming to the City Council for approval. In response to Councilman Kiselewski, the City Manager stated the golf course is on schedule and the first round of play could possibly be in April or May, 1991. COUNCILMAN RUSSO Councilman Russo stated an annual retreat of the North Palm Beach County Boys and Girls Club will be held on the first Monday in October re: teen center. Councilman -Russo requested any suggestions from councilmembers before the retreat. In response to Councilman Russo, the City Manager stated there is nothing new on the Riverside Building re: Teen Center. Councilman Russo stated the gates in P.G.A. National are not operating the way they should. Councilman Russo stated the gate at Ryder Cup Boulevard probably operates one day out of thirty Councilman Russo stated they are not maintaining the gates. In response to Councilman Russo, the City Manager stated he believes Dr. Nicholas is waiting for the City to finalize the Comprehensive Plan and get it approved by the State. Mayor Martino requested the City Manager and Rich Walton work on this item this coming week. * COUNCIL REGULAR MEETING, 9/20/90 COMMENTS FROM THE PUBLIC FOR ITEMS A PAGE 6 SAM CARSILLO Mr. Sam Carsillo addressed the City Council re: Solid waste Authority Recycling Program and National Health Bill. Councilman Kiselewski reported the Solid waste Authority has found a way to recycle old telephone books. The City Manager stated there will be a container available at City Hall for residents to use to dispose of their telephone books. The City Manager reported the City is in the process of expanding the recycling process into the commercial area. CENT AGENDA In response to Councilman Kiselewski, Rich Walton stated the Fire Chief has submitted a letter to the staff re: access to rear of buildings for Item 93 on the Consent Agenda. In response to Councilman Kiselewski, Attorney Raymond Royce, stated the turn- around in front of the guardhouse will be paved re: Item #a on the Consent Agenda. Councilman Kiselewski made a motion to approve the following items on the Consent Agenda; seconded by vice Mayor Aldred. 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 of 9/6/90. • 2. Approval of Minutes of Special Regular Meeting of 9/13/90. 3, Resolution 115, 1990 - creation of a PUD on PLicel M- * COUNCIL REGULAR MEETING, 9120190 PAGE 7 30 located within the PGA National PCD, proposed to consist of 152 zero -lot -line units. 4. Resolution 116, 1990 - approval of Guardhouse located within the Steeplechase Safe Neighborhood. 5. Resolution 118, 1990 - Levying a tax of 3.431 mills on non - exempt real and personal property located within the corporate limits of the City for the year ending December 31, 90. 6. Resolution A, 1990 - Increasing the annual salary and continuing the employment benefits of the City Manager. �. Resolution 120, 1990 - Reappointing certain individuals /firms to various offices of the City. S. Resolution 121, 1990 - Appropriating salaries and fringe benefits for all Department Heads and designated Assistant Department Heads and Officers of the City. 9. Resolution 122, 1990 -- Establishing and adopting the minimum and maximum salaries of the job classifications in the Merit System of the City. PUBLIC HEARING ANANCE 21, 1990 Mayor Martino declared the Public Hearing open, which was duly advertised on 9/5/90, and 9/17/90, and held on the intent of levying a tax on real and personal property located within the corporate limits of the City for year ending 12/31/90; affixing a total valuation thereon and tax rate thereon for said year; adopting a fiscal rudget for the Fiscal Year beginning 10/1/90 and ending 9/30/91, inclusive; and, appropriating funds for expenditures. Mayor Martino stated the City of Palm Beach Gardens has established a millage rate for the year of 3.431, which is a reduction of 7% from the millage rate of 1989/1990. There being no comments from the public, Mayor Martino declared the Public Hearing closed. ® In response to Councilman Kiselewski, Attorney Baldwin COUNCIL REGULAR MEETING, 9/20/90 RESOLUTIONS RESOLUTION 111, 1990 PAGE 8 stated there is nothing the City can do at this time regarding hedging against the census count. in response to Councilman Russo, Attorney Baldwin stated the City Council would have to adjust the budget later in the year if the income to the City is less than expected. Per a consensus of the City Council, the Secretary read, by title only, on second and final reading, Ordinance 21, 1990.Councilman Kiselewski made a motion to adopt Ordinance 21, 1990; seconded by vice Mayor Aldred. The motion was unanimously approved by the City Council. ROJLUTION 123, 1990 Mayor Martino requested removing Resolution 111, 1990 and Resolution 123, 1990 from the Agenda until Councilwoman Monroe is in attendance. Per a consensus of the City Council, Resolution 111, 1990 and Resolution 123, 1990, were removed from the Agenda. ORDINANCES ORDINANCE 17, 1990 Rich Walton, Director of Planning and Zoning, addressed the City Council and briefly reviewed Ordinance 17, 1990. Mayor Martino declared the Public Hearing open, which was duly advertised 8129190, 915190, 9/12/90 and 9/19/90, and held on the intent of annexing into the City certain areas of land and providing for a referendum election in the City and within the areas proposed to be annexed. • (Proposed area consisting of Westwood Gardens /Westwood COUNCIL REGULAR MEETING, 9/20/90 PAGE 9 Lakes). Mayor Martino stated the boundaries of the City of Palm Beach Gardens, south of the property, lends itself to a natural progression for the City to move north and annex. Mayor Martino stated that in deliberations on other Ordinances on the Agenda, especially Ordinance 16, 1990, which is a voluntary annexation of approximately 700 acres known as the Bri.ger Tract, the City of Palm Beach Gardens advised the County of Palm Beach of the ensuing petition. Mayor Martino stated this was done in an effort to be cooperative and to be consistent with the City's Comprehensive Plan which dictates intergovernmental cooperation. Mayor Martino stated that in reviewing the voluntary annexation petition, the County Planning Staff wrote to the City, stating the pink area on the map (Westwood Gardens /Westwood Lakes) could possibly lend itself to being an enclave, and if left unattended, it could jeopardize the petition, Ordinance 16, 1990, as far as Chapter 171 of the Florida Statutes. The City of Palm Beach Gardens, after being in this situation before, recognized the possibility, and entered into a cooperative venture with the County of Palm Beach to amicably solve this problem as well as bring in the Briger Annexation. Mayor Martino, at this time, read excerpts from the City Council Regular Meeting of August 16, 1990, wherein the ® Assistant County Attorney Bob Banks representing Palm * COUNCIL REGULAR MEETING, 9/20/90 PAGE 10 Learn County, requested the City Council postpone adoption of Ordinance 16, 1990 until the City Council Meeting of September 20, 1990, when the City Council would officially adopt Ordinance 17, 1990, scheduling the referendum election for the Westwood Gardens /Westwood Lakes area. (copy attached). Mayor Martino stated Mr. Walton has advised him there are informational documents which speak to some of the concerns which may be raised re: taxes and available services. Mayor Martino briefly reviewed some of the facts and figures included in the documents for the public. ® There being no comments from the public, Mayor Martino declared the Public Hearing closed. Per a consensus of the City Council, the Secretary read, by title only, on second and final reading, Ordinance 17, 1990, annexing into the city certain areas of land and providing for a referendum election in the City and within the areas proposed to be annexed. (Proposed area consisting of Westwood Gardens /Westwood Lakes). Councilman Kiselewski made a motion to adopt Ordinance 17, 1990; seconded by Vice Mayor A]dred. The motion was unanimously approved by the City Council. ORDINANCE 18, 1990 Rich Walton, Director of Planning and Zoning, addressed the City Council re: Ordinance 18, 1990. Mr. Walton • stated the area proposed to be annexed is west of C* COUNCIL REGULAR MEETING, 9/20/90 PAGE 11 ;rosparity Farms Road, all of the property currently in the unincorporated area. Mr. Walton stated this annexation referendum is being conducted at the County's request. Mr. Walton stated the County insisted on language being included in the Interlocal Agreement, R 89 72 D, specifically stating that the City of Palm Beach Gardens agreed that during the next three years it would aggressively pursue the annexation of the unincorporated areas that are bound by Donald Ross Road to the North, the Intracoastal Waterway to the East and the existing Gardens Municipal limits on both the west and south. Mr. Walton stated the language states the County agrees to cooperate with the Gardens with respect to the annexation of the above - described land, including dissemination of information regarding the effect of annexation and giving priority to street improvement projects in areas referenced in this suction. Mr. Walton stated all annexations which appear on the Agenda this evening, are consistent with the City's Comprehensive Plan and future annexation map adopted in the Plan. Mayor Martino declared the Public Hearing open, which was duly advertised on 8/29/90, 9/5/90, 9/12/90, and 9/19/90, and held on the intent of annexing into the City certain areas of land located west of prosperity Farms Road right - of -way and providing for a referendum election in the City ® and within the areas proposed to be annexed. (Proposed Ow COUNCIL REGULAR MEETING, 9/20/90 PAGE 12 area consisting of areas known as Cabana Colony, Frenchman's Landing, Crystal Pointe). Mayor Martino stated the primary motivation is the Interlocal Agreement which the City of Palm Beach Gardens and the County of Palm Beach entered into several years ago. Mayor Martino stated the information read into the record for Ordinance 17, 1990, re: tax information, would be virtually the same for these areas. The following individuals addressed the City Council with questions and concerns regarding the annexation: Joan Shafran, 2571 Crystal Circle Barbara Schulman, 2550 Tilda Crystal ® Agustin Hernandez, 2639 West Edgewater Drive Deborah Agnello- Raleigh, corner of Island Drive and Hillman Drive Gilbert Moore, 12820 Calais Circle Mr. Carter, Shore Road Wallace Woodward, 12774 S. Normanday Way Xathy Barrett, Cabana Colony. There being no further comments from the public, Mayor Martino declared the Public Hearing closed. Councilman Russo questioned if ordinance 18, 1990 must be approved this evening for it to be placed on the referendum election in November and was informed by the City Attorney that was correct. ePer a consensus of the City Council, the Secretary read, COUNCIL REGULAR MEETING, 9/20/90 PAGE 13 by title oniv, on second and final reading, Ordinance 18, 1990, annexing into the City certain areas of land located west of Prosperity Farms Road right -of -way and providing for a referendum election in the City and within the areas proposed to be annexed. (Proposed area consisting of areas known as Cabana Colony, Frenchman's Landing, Crystal Pointe). Councilman Kiselewski made a motion to adopt Ordinance 18, 1990; seconded by vice Mayor Aldred. The motion was unanimously approved by the City Council. ORDINANCE 19, 1990 Rich Walton, Director of Planning and Zoning, addressed the City Council re: Ordinance 19, 1990. Mr. Walton stated the proposed area for annexation included in ® Ordinance 19, 1990, is east of Prosperity Farms Road to the Intracoastal Waterway, south of Donald Ross Road and north of PGA Boulevard. Mr. Walton stated the Interlocal Agreement, R 89 72 D, signed by the County and the City also applies to this proposed area to be annexed. Mayor Martino declared the Public Hearing open, which was duly advertised on 8/29/90, 9/5/90, 9/12/90, and 9/19/90 and held on the intent of annexing into the City certain areas of land located east of Prosperity Farms Road right- of-way and providing for a referendum election in the City and within the areas proposed to be annexed. (Proposed area consisting of Maheau Estates, Driftwood, Frenchman's Cove, generally between Donald Ross Road and PoA Boulevard). * COUNCIL REGULAR MEETING, 9/20/90 PAGE 14 mayor Martino stated he would like the record to reflect that the Chair's comments on Ordinance 18, 1990, also apply to Ordinance 19, 1990. The following individuals addressed the City Council with questions and concerns re: annexation: Vernon Sites, Intercoastal Park Ron Steber, Inland Cove Road Tom Juliano, 13174 Prosperity Farms Road Mike Whittington, 12251 Coconut Row There being no further comments from the public, Mayor Martino declared the Public Hearing closed. Per a consensus of the City Council, the Secretary read, ® by title only, on second and final reading, Ordinance 19, 1990, annexing into the City certain areas of land located ORDINANCE 16, 1990 lJ east of Prosperity Farms Road right -of -way and providing for a referendum elect-in in the City and within the areas proposed to be annexed. (Proposed area consisting of Maheau Estates, Driftwood, Frenchman's Cove, generally between Donald Ross Road and PGA Boulevard). Councilman Kiselewski made a motion to adopt Ordinance 19, 1990; seconded by vice Mayor Aldred. The motion was unanimously approved by the City Council In response to the City Manager, Attornay Baldwin stated if the court reporter is paid for with taxpayer's money, the information is public record. Therefore, if the City wishes to pay the cost of transcription of the minutes, Co COUNCIL REGULAR MEETING, 9/20/90 PAGE 15 the City could obtain same. Attorney Bob Banks, Assistant County Attorney, addressed the City Council and stated the court reporter present this evening was working for the Palm Beach County Attorney's office. Rich Walton, Director of Planning and Zoning, addressed the City Council re: Ordinance 16, 1990. Mr. Walton stated the area under consideration is bound on the south by Hood Road, on the north by Donald Ross Road and east of the Turnpike and bound on the east by City existing limits. -Mr. Walton stated the petition was received approximately nine months ago and petitioner has been discussing this voluntary annexation with City staff, County staff, and County elected officials. Mr. Walton stated the Interlocal Agreement re: fare rescue service has been adopted as requested by the County. Mr. Walton stated, upon the request of the County, adoption of Ordinance 16, 1990 was postponed from the City Council Regular Meeting of August 16, 1990 until this evening. Mr. Walton stated the City has done everything requested by the County re: Ordinance 16, 1990. Mayor Martino reconvened the Public Hearing recessed from the City Council Regular Meeting of August 16, 1990. Mayor Martino stated Ordinance 16, 1990 is scheduled for second reading and consideration of adoption. Mayor ® Martino read into the record excerpts of the City Council * COUNCIL REGULAR MEETING, 9/20/90 PAGE 16 Regular Meeting Minutes of August 16, 1990 and excerpts of the City Council Regular Meeting Minutes of September 6, 1990 regarding Resolution 114, 1990, as previously read into the record at the Public Hearing for Ordinance 17, 1990. (copy attached) The City Manager requested that all comments which pertained to Ordinance 17, 1990 also be included in the record. The City Manager stated Ordinance 16, 1990 is consistent with the City's Comprehensive Plan and Future Land Use Map. Bob Banks, Assistant County Attorney, representing Palm Beach County, addressed the City Council stating that ® since his last appearance on this item before the City Council, the Board of County Commissioners of Palm Beach County had a workshop on its annexation policy and specifically on the creation of enclaves. Attorney Banks stated Mayor Martino was in attendance at that meeting and participated in some dialogue with the Board on that subject. Attorney Banks stated the bottom line regarding the Board's position at this time is that the Board directed that the County object to any annexation that creates an enclave. Councilman Kiselewski asked Attorney Banks, for the record, if anything Mayor Martino had previously read into the record as being his position as a representative for ® the County, is incorrect. COK COUNCIL REGULAR MEETING, 9/20/90 PAGE 17 Attornoy 3anks stated he believed Mayor Martino read from a transcript of the meeting. Attorney Banks stated the transcript from which Mayor Martino read reflects his general recollection of the meeting. The City Manager asked Attorney Banks if he stated at the last meeting, that he would recommend to the County Commission that there not be a lawsuit on the Briger Annexation if all regsirements were met, and if he made that recommendation. In response to Attorney Banks, comment regarding a policy change made by the Board of County Commissioners at their meeting, Mayor Martino stated an item was inserted on an Agenda that clearly stated workshop. Mayor Martino submitted to Attorney Banks that no policies and /or official action by any local government can be taken at a workshop session. Therefore, Mayor Martino stated he felt that if Palm Beach County has an annexation policy, it was the one which was in place prior to that particular meeting. In response to the City Manager, Attorney Banks stated if anyone had an objection to a particular Ordinance, they would have to object during the Public Hearing of same and file a lawsuit within 30 days of the passage of the Ordinance. Attorney Banks stated Palm Beach Gardens has signed an Interlocal Agreement with Palm Beach County that recognized the entire area as an enclave and encouraged C& COUNCIL REGULAR MEETING, 9/20/90 PAGE 18 Ln_ City of i,alw Beach Gardens to annex the enclave. Attorney Banks stated from Palm Beach County's position, whether either or both are annexed, the enclave should be reduced or eliminated. In response to Councilman Kiselewski, Attorney Banks stated for the record that the City of Palm Beach Gardens has done what they said they would do. Councilman Russo expressed concern that governments cannot work together and stated he will vote for Ordinance 16, 1990, because as far as he is concerned when he voted for the Interlocal Agreement two weeks ago, he felt it was part of the deal for this to come together. Vice Mayor Aldred stated he is distressed over the exhibit of bad faith that the County has brought the City. vice Mayor Aldred stated the City has lived up to every single request made by the County with respect to this annexation and does not understand their sudden exhibit of bad faith. Attorney Alan Ciklin, representative of the Briger,family, addressed the City Council and expressed several opinions regarding the County's objection to the annexation. There being no further comments from the public, Mayor Martino declared the Public Hearing closed. Per a consensus of the City Council, tho Secretary read, by title only, on second and final reading, Ordinance 16, 1990, annexation, under Palm Beach County Development Regulations of 706.548± acres, located between Donald Ross Ow COUNCIL REGULAR MEETING, 9/20/90 PAGE 19 Road and Hood Road, east and west of 1 -95, within Sections 26 and 35, 'Township 415, Range 43E. ( Briger Tract). Councilman Kiselewski made a motion to adopt Ordinance 16, 1990; seconded by Vice Mayor Aldred. The motion was unanimously approved by the City Council. ORDINANCE 20, 1990 Rich Walton, Director of Planning and Zoning, addressed the City Council re: Ordinance 20, 1990. Mr. Walton stated the Planning and Zoning Commission recommended approval. Mr. Walton stated the ordinance reflects everything the City Council requested. Mayor Martino declared the Public Hearing open, which was duly advertised 9/5/90, and held on the intent of amending ® Ordinance 18, 1989, which created "Oakpark Office Park" PUD by extending the time to complete Phase II thereof for a period of 3 years from the effective date hereof. There being no comments from the public, Mayor Martino declared the Public Hearing closed. Per a consensus of the City Council, the Secretary read, by title only, on second and final reading, ordinance 20, ,"r r, & 1-69, amending Ordinance 18, 1989, which created "Oakpark Office Park" PUD by extending the time to complete Phase II thereof for a period of 3 years from the effective date hereof. Councilman Kiselewski made a motion to adopt Ordinance 20, 1990; seconded by vice Mayor Aldred. The motion was unanimously approved by the City Council. Ce COUNCIL REGULAR MEETING, 9/20/90 PAGE 20 ORDINANCE 22, 1990 Rich Walton, Director of Planning and Zoning, addressed the City Council rep Ordinance 22, 1990. Mr. Walton stated the Planning and Zoning Commission unanimously recommended approval. Mr. Walton stated reports prepared on voluntary annexation also applied to this Ordinance. Mayor Martino declared the Public Hearing open, which was duly advertised 8/29/90, 9/5/90, 9/12/90 and 9/19/90, and held on the intent of annexing into the City a parcel of land comprising of 81.933 acres. (Starwood Annexation). Gilbert Moore, 12820 Calais - Circle, addressed the City Council regarding the exact boundaries of the proposed annexed area. ® There being no further comments from the public, Mayor Martino declared the Public Hearing closed. in response to Councilman Kiselewski, Mr. Walton stated this petition came in with County land use, county zoning, is a voluntary annexation and the petitioner has not indicated what he plans to do with the property. Per a consensus of the City Council, the Secretary read, by title only, on second and final reading, Ordinance 22, 1990, annexing into the City a parcel of land comprising of 81.933 acres. (Starwood Annexation). Councilman Kiselewski made a motion to adopt Ordinance 22, 1990; seconded by vice Mayor Aldred. The motion was unanimously approved by the City Council, I0S FOR DISCUSSION COUNCIL REGULAR MEETING, 9120190 PAGE 21 PGA NATIONAL SPA COMPLEX PUD Rich Walton, Director of Planning and Zoning, addressed the City Council stating petitioner is requesting to relocate the proposed spa facility closer to the hotel, increase the square footage of the facility and replace the proposed restaurant with an aerobics facility. Mr. Walton stated the applicant proposes the removal. of 15 parking spaces to accommodate the relocation of the facility to the east of the hotel. Mr. Walton stated Planning and Zoning Commission unanimously recommended approval with the following conditions: 1. A sign be placed at the hotel circle drive entrance indicating that handicapped parking services are available at the portecochere; ® 2. Landscape island be placed after every twelve parking spaces; and 3. Landscaping be installed in the northeast corner of the parking lot. Michael Swisher, TeamPlan, addressed the City Council stating they did not agree with Condition #2. Mr. Walton stated staff has suggested putting in diamond islands, therefore no parking spaces would be lost. Mayor Martino requested Mr. Swisher and City staff come to a conclusion regarding the parking islands. Mayor Martino stated a resolution would be prepared for consideration of adoption at the Regular Meeting of October 4, 1990. YMCA ADDITION Rich Walton, Director of Planning and Zoning, addressed the City Council regarding the petition for the existing YMCA on RCA Boulevard for a final site plan approval of a 3,625 square foot addition. Mr. Walton stated the C& COUNCIL REGULAR MEETING, 9/20/90 PAGE 22 petitioner is roquired, based on City Code, to put in an additional 70 parking spaces. Mr. Walton stated the Planning and Zoning Commission recommended unanimous approval with five conditions: 1. A six -foot high hedge, with irrigation, shall be installed along the west side of the tennis courts when, and if, the existing vegetation along the tennis courts is removed. 2. The westerly entrance to the subject site off of RCA Boulevard be straightened. 3. The petitioner will return before the Planning and Zoning Commission for approval of proposed signage on the site. 4. The fire hydrant shall adhere to Chapter 93, Fire Protection and Prevention Code, of the City of Palm Beach Gardens' Code of r nances. 5. In order to improve the vehicular circulation in the parking lot, the center parking spaces shall be moved further west, eliminating the western drive aisle, in order to provide a center drive aisle at the westernmost entrance. In response to Councilman Kiselewski, Mr. Walton stated the facility meets the PDA standards or agricultural and under the agricultural district, YMCA meets and exceeds the required density controls. In response to Councilman Kiselewski, Mr. Walton stated that with the five conditions staff is recenmending, the YMCA will meet the City Codes. Attorney Mike Simon, representative for petitioner, addressed the City Council and stated the petitioner agreed to all five conditions. Mayor Martino stated this item will be scheduled for consideration of approval at the Regular Meeting of October 4, 1990. * COUNCIL REGULAR MEETING, 9/20/90 PAGE 23 HILARITIES CLUB , CONDITIONAL USE Rich Walton, Director of Planning and Zoning, addressed the City Council re: Hilarities Club Conditional Uses. Mr. Walton stated there are three petitions: 1) conditional use for the CG -1 District for an operation of a performing arts theatre; 2) conditional use for retail sale and service of beer and wine for on- premise consumption; and 3) variance to Chapter 112, Section 112.21 of the Palm Beach Gardens Code, relative to the distance restriction of 750 feet between alcoholic beverage vendors. Mr. Walton stated there is an existing Laff Lines facility in this center, however, the ® petitioner is proposing to close that facility and move to the extreme north end of the shopping center where Taboo was located. Mr. Walton stated the Planning and zoning Commission recommended approval with one condition: 1. At the point when the Applicant relocates to Building "A ", the conditional use for the sale /service of beer and wine for on -site consumption for the Building "H" location Is null and void. Mr. Walton stated Attorney Brant determined that since the Petitioner is at both addresses and the Petitioner requests to move to the other location, the Petitioner can request the City to void the conditional use at the previous location. Walter Wolfe, agent for Harbour villages Associates, representing C.K. Entertainment, Inc., addressed the City Council and stated there was not a problem with cancelling Co COUNCIL REGULAR MEETING, 9/20/90 PAGE 24 the conditional uses at the previous location and stated he would obtain the request in writing from Petitioner. Councilman Kiselewski was concerned with giving a conditional use for the operation of a "performing arts" theatre and would like the acts to be spelled out. Councilman Kiselewski requested a traffic study to determine if there would be a problem with the new location and hours of operation. Councilman Russo was concerned with the type of acts to be booked, capacity, traffic, and the noise impact on the neighboring residents. Mr. Walton stated he would work with Petitioner and the City Attorney to get more specific information and language requested by the City Council. MACARTHUR PROPERTIES ANNEXATION Rich Walton, Director of Planning and Zoning, addressed the City Council re: the voluntary annexation of approximately 11,905.98 acres. Mr. Walton stated this annexation is consistent with the City's long range plan and Comprehensive Plan and future annexation. Mr. Walton stated there are five parcels being considered for annexation. The two larger parcels are north and west of the City and the three smaller parcels are within or adjacent to the City's boundaries. Mr. Walton stated staff is proposing three ordinances, one with the three . smaller parcels, and the two larger parcels separate. Councilman Kiselewski made a motion instructing the City 'Co COUNCIL REGULAR MEETING, 9/20/90 PAGE 25 Attorney to Urepare three separate ordinances for the proposed annexation of the MacArthur property, with the two large parcels being separated into an individual ordinances and the three smaller parcels combined into one ordinance, seconded by vice Mayor Aldred. The motion was unanimously approved by the City Council. PETITIONS AND ?-'OMMUNrMV=S In response to Mayor Martino, Councilman Kiselewski made a motion to grant permission to the Chamber of Commerce of the Northern Palm Beaches, if they can obtain same from MacArthur Foundation, to hold the ArtiGras Festival February 15, 16, and 17, 1991; seconded by Councilman ® Russo. The motion was unanimously approved by the City Council. COUNCILMAN KISELEWSKI Councilman Kiselewski stated he will probably be out of the country for the month of October. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 11:53 P.M • U • itCriTY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL - PALM BEACH GARDENS, FLORIDA 334164698 • (407) 7758200 September 20, 1990 The Honorable Carol Elmquist, Chair Palm Beach County Commission Palm Beach County Governmental. Building 301 N. Olive Avenue P.O. Box 198, West Palm Beach, Florida 33401 Dear Mrs. Elmquist: The City of Palm Beach Gardens is advising the Board of County Commissioners of an "interjurisdictional incompatibility" that now exists between our City and Palm Beach County. At a Public Hearing on September 18, 1990, to determine a thoroughfare right -of -way for Hood Road between State Road # 811 (Alternate A -1 -A) on the west and Prosperity Farms Road on the east, an alignment was voted on by the Board of County Commissioners that was never presented or discussed with any level of our city government. Because we have identified in our Comprehensive Growth Management Plan an alignment for this thoroughfare segment that is consistent with past Palm Beach County requests and indications to our City, the Board of County Commissioner's recent vote to change that alignment has created a "double i Further, aggravating this "double i" is a breach of faith by the County regarding Section #3 in an Interlocal Agreement between our City and the County (Interlocal Agreement # R 89 72 D). This section requests our City to cooperate with the County in the reservation of right -of -way for the County's thoroughfare system. By virtue of our inclusion of the County's long acknowledged alignment for Hood Road in our Comprehensive Plan, our City has made the strongest commitment possible to comply with this section. This section was agreed to in our Interlocal Agreement to protect the integrity of the ground transportation network. The integrity of this network is an implied shared responsibility between the City and the County. By voting to change the long accepted alignment of Hood Road to some other alignment, the Board of County Commissioners has interrupted the integrity of the ground transportation network and created a second "interjurisdictional incompatibility ". El 0 • 3 J °w a o a W J V R J > U< V @ O V < a • W W T z Z pU 7 U� s J J .0 VIM • r O ¢ < p O 3 rn mented, GARDENS shall use the existing Cot Traffic Performance Standards for permitting development in the annexed area. SECTION 2. - Traffic Impact Fees Both parties acknowledgs that the COUNTY residents approved the institution of countywide in fees. Until such time as Countywide Impact Fees implemented, GARDENS shall use the existing Cc Impact Fees for permitting future development in annexation area. and include in the GARDENS' ' comprehensive plan a ethil'"�ippropriati' ordinances, all rights- of -wey in t r SECTION 4. Provisions for Fire -RQ g_4g Servicea I The COUNTY, through its Fire - Rescue MSTU 12, sha provide fire protection, fire rescue, advanced li support, or similar service to that portion of t GARDENS described in Exhibit "B" from January 15, 19 through September 30, 1990, inclusive. The Fire -Res Administrator or the Board of County CommissionE shall have sole authority to establish the allocat; of personnel and equipment throughout the Ms, Nothing herein shall be construed as abrogating t authority of the Board of County Commissioners, F: protection shalt. include but not be liwiteo to following services and functions; plan review, cc enforcement, building inspection, and education. Mayor Martino stated, for the record, he would like to read excerpts from the City Coiu-cil Meeting of August 16, 1990, whici, was a Public ;fearing, aad if, attendance was the County of Palm Beach, represented by Attorney Bob Banks. Mr. Banks: "That letter states that the comments of time, but you are going to recommend to the Planning Division including the the County Commission that the Briger observation that there is an enclave Annexation then be approved as represented created by this annexation which is a by the City." violation of Chapter 171. 1 think the "That's been the recommendation of the City recognizes that there is an enclave Planning Staff." created and that is why it is scheduling "From the County Attorney's perspective, a referendum regarding the properties passing an Ordinance has some certainty, known as Westwood Gardens, basically the some finality, that a Resolution, while pink area, east and west of I -95 and south it expresses the concerns and the position of Donald Ross Road. What I am going to of the City, a Resolution is not as ask tonight is that you consider final." postponing adoption of the Ordinance "Mr. Chairman, perhaps a compromise might annexing the briger property until approximately a month from now when you will approve the ordinance that officially schedules the referendum scheduling the election regarding Westwood Gardens and by that time, a month from now, Palm Beach County will also have returned to Palm Beach Gardens the Interlocal Agreement ® that has been worked out regarding the fire rescue of the Briger Tract." vice Mayor Aldred: "If I understand your request, you are requesting us to delay the vote on this Ordinance until our meeting of September 2oth." City Manager: "Then the next question, I will let it go Mr. Chairman, if we wait until September, that gives you 30 days to appeal, the election will not have taken place at that time, but you are going to recommend to the County Commission that the Briger Annexation then be approved as represented by the City." Bob Banks: "That's been the recommendation of the Planning Staff." Bob Banks: "From the County Attorney's perspective, passing an Ordinance has some certainty, some finality, that a Resolution, while it expresses the concerns and the position of the City, a Resolution is not as final." Councilwoman Monroe: "Mr. Chairman, perhaps a compromise might ® be, Bill is telling us the Interlocal Aa-eement is the key, this is what we .,.,ally should be working hard on. I don't know how long it takes to finalize. I don' It know what the status is, but why not have both of these appear on the first Agenda. Have this ordinance and that Interlocal Agreement appear on our Agenda the first meeting in September. We got through with it. That's indicating what our intent is. The County has participated in the creation of the Interlocal Agreement. I world like to think the County doesn't want to spend our tax dollars on filing, going to Court, against Palm Beach Gardens if we have done what they wanted us to do in the first place. It has not put us off to the end of September, but it has compromised between the date and the end of September. Councilman Kiselewski: "The only problem is that it is the County that has come up with the Interlocal Agreement. we can' t tell them when to come." ® Councilwoman Monroe: "That's true, but that way we have told them that we intend to act upon this that first meeting in September, first Thursday in September, and maybe they would be willing to put a little bit of extra work into getting back to us in time for us to review it in an effort to save their staff filing against the City of Palm Beach Gardens. I am sure Mr. Banks has other things that he could do with his time. "' Bob Banks: "I was just going to offer some information on the Interlocal. In the past we have had Interlocals that deal with a number of subjects including future annexations. The Interlocal we are talking about doing with Palm Beach Gardens is strictly an Interlocal regarding fire rescue service for a period of time after the annexation so the fire rescue division can phase out its service for a period of, I believe one or two years.'" Mr. Banks: "The Interlocal has already been reviewed Is by the Fire Rescue Department's attorney, returned to the Fire Rescue Division for retyping, so it should be available in a matter of days." "I believe that frankly from our own standpoint, to continue to demonstrate that we are acting in good faith, if we are to vote on it, it needs to be with a delayed effective date 1), or alternatively, recess this Public Hearing to a date and time certain, which probably should be the 20th of September, which is the date we would vote on the other ordinances. Basically, I would request the Petitioner which would your prefe:-ence be." "Do I hear a consensus of the City Council for me to move the Public Hearing until a date and time certain, which would be the 20th of September." "Mr. Chairman, I would move that this hearing be recessed until September 20th, the evening of our meeting, starting at approximately 8:00 P.M. that evening." "Seconded." vote was taken. Attorney Brant: "Mr. Chairman, before you call for vice Mayor ::hired: vice Mayor Aldred: also include Councilman Kiselewski: Councilwoman Monroe: 16, 1990 on Mayor Martino stated the matter of days." "I believe that frankly from our own standpoint, to continue to demonstrate that we are acting in good faith, if we are to vote on it, it needs to be with a delayed effective date 1), or alternatively, recess this Public Hearing to a date and time certain, which probably should be the 20th of September, which is the date we would vote on the other ordinances. Basically, I would request the Petitioner which would your prefe:-ence be." "Do I hear a consensus of the City Council for me to move the Public Hearing until a date and time certain, which would be the 20th of September." "Mr. Chairman, I would move that this hearing be recessed until September 20th, the evening of our meeting, starting at approximately 8:00 P.M. that evening." "Seconded." vote was taken. Attorney Brant: "Mr. Chairman, before you call for the vote, will the movant also include the consideration of Ordinance 16, 1990 on the same night for final consideration and passage." Councilman Kiselewski: "Yes." Councilwoman Monroe: "Seconded." Mayor Martino stated all councilmembers present, signified in favor aye. Mayor Martino stated one other set of minutes need to be recognized for the Public Hearing. Mayor Martino stated on September 6, 1990, the County of Palm Beach delivered to the City of Palm Beach Gardens the delinquent resolution that spoke to the Interlocal Agreement of the fire rescue considerations for the Briger Tract. Mayor Martino stated Councilman Kiselewski made a motion to adopt Resolution 114, 1990, authorizing the Mayor and City Council to execute an Interlocal Agreement between the City of Palm Beach Gardens and the County of Palm Beach providing for fire rescue t services by the County's Fire Rescue MSTU; seconded by Councilman Russo. The Motion was unanimously approved by the City Council.