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
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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.