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HomeMy WebLinkAboutMinutes Council 020290CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS FEBRUAkY 1, 1990 The Regular Meeting of the City Council of Palm Beach Gardens, Florida, was called to order by Mayor Martino in the Assembly Room of the Municipal Complex, 14500 North Military Trail, Palm Beach Gardens, Florida, at 8:00 P.M.; and opened with the Pledge of Allegiance to the Flag. ROLL CALL The City Clerk called the roll, and present were Mayor Martino, Vice Mayor Aldred, Councilwoman Monroe, Councilman Kiselewski and Councilman Russo. ANNOUNCEMENTS Mayor Martino announced there would be a meeting of the Police Retirement Trust Fund Board, Monday, February 5, 1990 at 5:30 P.M. at the Central Fire Station. The Recreation Advisory Board Meeting scheduled for February S, 1990 has been cancelled. The next meeting will be in March, 1990, and will be a joint meeting with the Youth Athletic Association. ITEMS BY THE CITY MANAGER LAND DEVELOPMENT REGULATIONS Richard Walton, Director of Planning and Zoning, addressed the City Council regarding references called regarding the consultants for the Land Development Regulations. Mr. Walton stated Staff recommends hiring Hanson Group. The City Manager concurred with Mr. Walton and stated there is a problem with concurrency management process. The City Manager recommended that after the City comes up with the scope of ser- vices, if there is not a positive readout on the concurrency management, look to another firm. It was the consensus of the City Council that the concurrency portion is the most important. Vice Mayor Aldred made a motion instructing Staff to finalize negotiations on the contract, seconded by Councilman Kiselewski, CITY COUNCIL REGULAR MEETING, 2/1/90 PAGE TWO Councilwoxon Mon se past cite only nay vote, stating she felt Solln & Associates were better qualified to handle the concurrency problem. LAKE CATHERINE SPORTS COMPLEX The City Manager reported the Lake Catherine Sports Complex is progressing on schedule. The City Manager complimented South Florida Water Management District for their assistance with getting the drainage plans and permits. Mayor Martino directed the City Manager to draft a memo and forward to department heads at South Florida Water Management District thanking them for their help. JOHN D. AND The City Manager reported he had received a letter from Fred Jones, CATHERINE T. MACARTHUR indicating the Foundation would accept the City's recreational fee credit FOUNDATION concept in obtaining 18 acres behind the Klock building. RKSHOP MEETING The City Manager stated he would be attending a meeting in Tallahassee, BRUARY 8, 1990 with Attorney Brant and Mayor Martino, and therefore would not be in attendance at the February 8, 1990 Workshop Meeting. REPORTS BY THE MAYOR AND COUNCIL ITALIAN STREET FESTIVAL Carl Sabatello addressed the city Council regarding Italian Street Festival briefly outlining the parking areas and traffic flow plans. Co -Tran will be working with the °estiva; on shuttle transportion from the NorthCorp Center to alleviate the congestion at The Gardens Mall. Councilman Kiselewski stated he would agree to the traffic plan, providing Chief Frazier states in a letter addressed the the City Council that he has reviewed the parking and traffic scheme of the italian Festival and assures the department can control the traffic flow and that the traffic 40 will flow safely. The other Council members agreed with Councilman Kiselewski's request. Mr. Sabatello stated that the rides for the Festival this year will be CITY COUNCIL REGULAR MEETING, 2/1/90 0 PAGE THREE gear«d to the younger children (10 years and younger). There will be no midway atmosphere this year. The City Manager read a letter from the MacArthur Foundation stating they have no problems with the Ital;an Festival, however, they did request a site plan showing planned activities, to be approved by the Foundation, as well as traffic and parking control and shuttle plan be approved by the Foundation. Councilman Kiselewski made a motion to allow the Italian Festival be held in Palm Beach Gardens from April 5th through April 8th, 1990, with proviso that the traffic plan as presented be reviewed and approved by Chief Frazier and he in turn issuing a letter to the City Council indicating he has no problems with the concept of the traffic plan working and stating AL RV who will be coordinating the plan, seconded by Councilman Russo. The motion was unanimously approved by the City Council. MAYOR MARTINO Mayor Martino reported on the Municipal Implementation Ordinance which was passed Tuesday by the County Commissioners, which allowed the County to implement the Charter requirements that were voted on November 1988. This Ordinance is an Interim Ordinance which allows the County's regulations to overlap Palm Beach Gardens jurisdiction and has several facets: 1) All applications received by any municipality which satisfies the land deve- lopment regulations of that municipality prior to February 1, 1990 are deemed to be prior approved, if that municipality can certify to the County that those land development regulations apply to the subject peti- tioner; 2) The County has built into the Ordinance the right to appeal if they so desire under a certain set of facts and conditions any of the CITY COUNCIL REGULAR MEETING, 2/1/90 0 • PAGE FOUR ap;;vvals mentioneu aoove; 3) Any application that is filed after February 1. 1990 has to meet the Traffic Performance Standards of the County of Palm Beach regardless of whether you are in a municipality or in the unin- corporated area. Mayor Martino went on to explain that the other portion of the Ordinance had to do with the vesting issues of prior approvals in municipalities. Basically, the Ordinance was worded that any prior approval that had acti- vity for the last three (3) years of some sort would have a vested right. Any approval made within the last three (3) years that has not had any development activity, but deemed certified by the municipality, also has vested rights. The Traffic Performance Standards which the County has adopted is a tiered level of service on the first test which deals with the 1995 road plan; if you are able to get by the first test, you move on to the second test which deals with measuring the traffic to a 2010 plan. As long as the Ordinance is in place, the City of Palm Beach Gardens, other municipalities and portions of the unincorporated area, are in a state of moratorium. Mayor Martino reported that the public golf course, which is being con- sidered by the Council, may be ;ejected because of traffic problems. Mayor Martino stated that the citizens need to be concerned about what is happening regarding Traffic Performance Standards in the County and the City. CITY COUNTY REGULAR MEETING, 2/1190 0 PAGE FIVE In response to Vice Hey-,r Aldred, Mayor Martino stated the City at this time is prohibited from providing the public with a public golf course because of the Countywide Traffic Performane Standards. Vice Mayor Aldred felt the citizens in the north end of the county need to know that the City has been handcuffed because of the Traffic Performance Standards. Vice Mayor Aldred expressed his concern that should the City develope the 18 acre park, and it attracts attention, the City may need to consider the Traffic Performance Standards. In response to Vice Mayor Aldred, Mayor Martino stated that the only exemption he is aware of to the Standards, is for the School Board. Vice Mayor Aldred felt the public was under the impression that the roadways will be improved through the impact fees which are generated from building. The misconception is that there is no building and growth going on, there will not be any impact fees generated and the bottom line is an increase in taxes. Councilman Russo felt the County should spend more time on education, and water resources instead.of traffic. COUNCILWOMAN MONROE Councilwoman Monroe addressed Mr. Sam Carsillo regarding Silver Springs and an article by Ron Wigging of The Post. COUNCILMAN KISELEWSKI Councilman Kiselewski reported attending the State Metropolitan Planning Organization meeting last week in Tampa. CITY COUNCIL REGULAR MEETING, 2/1/90 PAGE SIX to ITEMS BY THE MAYOR AND COUNCIL MAYOR MARTINO Mayor Martino asked the City Manager to explain the letter on current liti- gation. The City Manager reported that the City has been in litigation since 1986 with former Captain Jim LaRrett. Two of the insurance carriers have refused to provide the City with the coverage and defense in this case and the City has expended in excess of $90,000 on this case. The City Manager has contacted a law firm to file suit against both insurance companies to pay for past litigation expenses and to provide future litigation defense for the City. The second case concerns the Police Pension Board. The Police Pension Board met and ruled a pension benefit to Mrs. Clark should be awarded which is far in excess of the City's contract. The City Manager felt the Pension Board exceeded their authority and contracted with a law firm represented by Peter Hurtgen to file suit on behalf of the City to over- turn the Pension Board's decision. The City Manager asked the City Council for direction on whether to continue the action or not. Attorney Brant detailed the legal points of the litigation and what needed to be done. Councilman Kiselewski made a motion to ratify the action taken by the City Manager and City Attorney, and that they be instructed to proceed in both matters, seconded by Vice Mayor Aldred. The motion was unani- mously approved by the City Council. COUNCILMAN KISELEWSKI Councilman Kiselewski reported on the Soild Waste Authority being scrutinized by a legislative delegation. MAYOR MARTINO Mayor Martina reported thy` the qualifying pariod for the three (3) seats on the City Council closed on January 31, 1990. The three (3) seats up for reelection are Mayor Martino, Vice Mayor Aldred and Councilman CITY COUNCIL REGULAR MEETING, 2/1/90 PAGE SEVEN Kiseiewski. Mayor Martino and Vice Mayor Aldred are running unopposed and Councilman Kiselewski is being challenged by Eric Jablin. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA SAM CARSILLO Mr. Sam Carsillo addressed the City Council regarding a city owned library, hospital trauma center and the golf course. RESOLUTIONS RESOLUTION 106,1989 Richard Walton, Director of Planning and Zoning, addressed the City Council regarding the conditional use for the Firestone Mastercare Car 0 0 Service Facility. Lindsay Walter, authorized agent for Firestone Mastercare Car Service Facility, addressed the City Council stating they agreed to proceed with a conditional use approval based on the approved site plan for the Gardens Park Plaza. Mayor Martino declared the Public Hearing open, which was duly advertised 1/18/90, and held on the intent of Resolution 106, 1989, providing for approval of ronditional Use in the CEG -1 General Commercial Zoning District, providing for retail sales of automobile parts and accessories and repair of motor vehicles at Firestone Mas +ercare Car Service Facility, proposed to be located within the Gardens Park Plaza Shopping Center on the southeast corner of Northlake Boulevard and North Military Trail. After discussion with the Petitioner and City Council the following changes were made in Resolution 106, 1989. CITY COUNCIL REGULAR MEETING, 211190 PAGE EIGHT 46 1. Cmincilwoman Mon�,oe suggested changing the lettering of the conditions to numbers. 2. Attorney Brant suggested changing Section 1 to read as follows: "The City Council of the City of Palm Beach Gardens, Florida, hereby approves a conditional use authorizing the retail sale of motor vehicle parts and acessories and minor motor vehicle repairs on a parcel of land located in the GARC,NS PARK SHOPPING PLAZA consisting of approximately .934 acres permitting a building not to exceed 6,600 square feet with said site being part of the existing approved phase. 3. Attorney Brant suggested eliminating Condition A. 4. Add Condition 13 to read as follows: "Final approval of the site plan shall be required by the City Council by a subsequent resolution." 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, as amended, Resolution 106, 1989, approving a conditional use permitting the r ^fait sale of motor vehicle parts and accessories and permitting repair (minor) of motor vehicles on a site located in the Gardens Park Plaza Shopping Center subject to conditions contained here,-,i. Councilman K'selewski made a motion to approve and adopt Resoiutj ^,n 106, 1989, as amended, seconded by Vice Mayor Aldred. This motion was approved unani- mously by the City Council. RESOLUTION I2, 1990 Per a consensus of the City Council, the City Clerk read, by title only, Resolution 12, 1990, reappoint Daniel F. Gainey and Carolyn Rawlins to the Merit System Board of the City. A motion was made by Councilman Kiselewski to approve and adopt Resolution 12, 1990, seconded by CITY COUNCIL REGULAR MEETING, 211190 PAGE NINE Councilman Russo. This motion was approved unanimously by the City RESOLUTION 15, 1990 Per a consensus of the City Council, the City Clerk, read, by title only, Resolution 15, 1990, urging the Board of County Commissioners of Palm Beach County and the Palm Beach County Legislative Delegation not to sup- port the transfer of all assets and liabilities from the Solid Waste Authority of Palm Beach County to the Board of County Commissioners, and not to support a restructuring of the Solid Waste Authority Board. A 40 motion was made by Councilman Kiselewski to approve and adopt Resolution Council. RESOLUTION 131 1990 Per a consensus of the City Council, the City Clerk read, by title only, Resolution 13, 1990, approving retail sale of ,alcoholic beverages for on- premise consumption in the hotel and restaurant located within the Admiralty 11 PUD. A motion was made by Vice Mayor Aldred to approve and adopt Resolution 13, 1990, seconded by Councilman Russo. This motion was approved unanimously by the City Council. RESOLUTiON 14, 1990 The City Manager addressed the City Council regarding the City of Palm Beach Gardens opposing Palm Beach County's proposed repeal of Ordinance 72 -8, the funding of the school crossing guards. ® Per a consensus of the City Council, the City Clerk read, by title only, Resolution 14, 1990, objecting to Palm Beach County's proposed repeal of Ordinance 72 -8 which currently provides funding by Palm Beach County to municipalities for school crossing guards. A motion was made by Vice Mayor Aldred to approve and adopt Resolution 14, 1990, seconded by Councilwoman Monroe. This motion was approved unanimously by the City Council. RESOLUTION 15, 1990 Per a consensus of the City Council, the City Clerk, read, by title only, Resolution 15, 1990, urging the Board of County Commissioners of Palm Beach County and the Palm Beach County Legislative Delegation not to sup- port the transfer of all assets and liabilities from the Solid Waste Authority of Palm Beach County to the Board of County Commissioners, and not to support a restructuring of the Solid Waste Authority Board. A 40 motion was made by Councilman Kiselewski to approve and adopt Resolution CITY COUNCIL REGULAR MEETING, 2/1/90 0 PAGE TEN 15, 1990, seconded by Councilman Russo. This motion was approved unani- mously by the City Council. RESOLUTION 16? 1990 Richard Walton, Director of Planning and Zoning, addressed the City Council regarding the request by Golden Bear Plaza for an additional sign on the top of the third building with neon tubing (letters) 3611ang by 4' high. David Shaw, authorized agent for Golden Bear Plaza, addressed the City Council stating that this is to be a back -lit sign on the sixth floor of the third building. The sign is approximatdly 60% of size permitted under The Sign Code Ordinace. In answer to Councilwoman Monroe's question, Attorney Shaw stated there ® will be no more than one'(1) sign per building. �I It was a consensus of the City Council to place the sign on the third building at the same elevation as the existing Golden Bear sign an building one and to amend Resolution 16, 1990 as follows: In the title of Resolution 16, 1990, sixth line, delete "THE SIXTH FLOOR OF BUILDING III" and substitute "BUILDING III AT THE SAME LEVEL OF EXISTING SIGN ON BUILDING I". In the title of Resolution 16, 1990, tenth line, after EXHIBIT "A ", add "AND AS SUBSEQUENTLY MODIFIED" Section i. shall read as follows: "Ordinance 7, 1984, which created "GOLDEN BEAR PLAZA ", a Planned Unit Development and was subsequently amended, is hereby further amended by approving an additional flat -wall sign to be erected on Building III of said Planned Unit Development, in ® accordance with the Sign Plan preparea by Image Signs, consisting of one CITY COUNCIL REGULAR MEETING, 211190 PAGE ELEVEN appraisal, however it does indicate there needs to be further negotiations on land costs. Traffic Performance Standars must be dealt with in oder to go ahead with the project. 0 (1) sheet attached hareto and marked Exhibit "A ", provided the level of the sign shall be at the sane level of the sign on Building I and said sign shall be a back- 11ghted type." Per a consensus of the City Council, the City Attorney read, in full, as amended, Resolution 16, 1990, amending Ordinance 7, 1984, which created "GOLDEN BEAR PLAZA ", a Planned Unit Development, and approving an addi- tional flat -wall sign on Building III. Councilman Kiselewski made a motion to approve and adopt Resolution 16, 1990, seconded by Councilman Russo. This motion was approved unanimously by the City Council. RESOLUTION 17,1990 Per a consensus of the City Council, the City Clerk read, by title only, Resolution 17, 1990, approving the Plat of 5A, known as Emerald Key. A motion was made by Vice Mayor Aldred to approve and adopt Resolution 17, 1990, seconded by Councilwoman Monore. This motion was approved unani- mously by the City Council. PUBLIC HEARING Mayor Martino declared the Public Hearing open on the Public Golf Course as required by Chapter 180, Florida Statutes. There being no comments from the public, Mayor Martiuu declared the Public Hearing close. The City Manager reported on the feasibility study, stating it indicated this project would be successful based on the numbers and the rounds of golf. The City Manager reported he has received an incomplete appraisal, however it does indicate there needs to be further negotiations on land costs. Traffic Performance Standars must be dealt with in oder to go ahead with the project. 0 CITY COUNCIL REGULAR MEETING, 111190 0 0 PAGE TWELVE Signing of the contract will be scheduled for the Regular Meeting of 2/15/90, which states that thcy will provide the funding and purchase the property based on the approvals being obtained. The one approval which ,.annot be guaranteed is the Water Management permit. Howard Searcy addressed the City Council re: obtaining the Water Management permit. The policy is if you receive a per:eit during the time there is a water shortage emergency, it will carry a condition that you cannot use the permit until the water shortage conditions are lifted, however there is a procedure whereby you can be granted a variance from the policy. Bob Norris addressed the City Council stating they will not request that the City fund until 3 situations are settled. 1) Water situation, which is a risk situation; 2) traffic; and 3) permits. Richard Orman, of Public Golf Corporation, addressed the City Council regarding the traffic issue and stated that Public Golf Corporation has retained Kahart Pinker as traffic engineer. Attorney Brant reported on the contract negotiations. He stated that marketable title is now intact, format has been changed stating the City does not have to deliver monies on 3/1/90; however, Public Golf Corporation needs a contract with conditions subsequent for financing to acquire title. Councilman Russo asked Public Golf Corporation what their management fee would be on an annual basis. The fee will be $75,000.00 plus 3% of the gross.