HomeMy WebLinkAboutMinutes Council 10049011
CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
OCTOBER 4, 1990
The Regular Meeting nf 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
Cc- iplex, 10500 North Military Trail, Palm Beach Gardens,
Florida; and opened with the Pledge of Allegiance to the
Flag.
ROLL CALL
The City Clerk called the roll, and present were Mayor
Martino, Councilwoman Monroe and Councilman Russo. vice
Mayor Aldred was absent because of a business commitment.
®
Councilman Kiselewski was not in attendance, as he was
out -of -town.
ANNOUNCEMENTS
Mayor Martino announced there would be a meeting of the
Planning and Zoning Commission on Tuesday, 10/9/90, at
7:30 P.M. in the Council Room; a meeting of the
Beautification and Environmental Committee on Wednesday,
10110190, at 7:30 P.M. at the Community Center; a meeting
of the Art Advisory Committee on Monday, 10/15/90, at 6:30
P.M. in the Council Room; and a meeting of the Policemen's
Retirement Trust Fund Board on Tuesday, 10/16/90, at 6:30
P.M. at the Central Fire Station.
PROCLAMATIONS
Mayor Martino read a proclamation proclaiming October 7 -
13, 1990 as "Respiratory Care Week ".
.®
Ca COUNCIL REGULAR MEETING, 10/4/90 PAGE 2
ITEMS BY THE
SOCCER PROGRAM Mr. Ed Mitchell, Assistant City Manager, reported, due to
the encephalitis outbreak and upon recommendation by the
Palm Beach County Health Department, the soccer program
has been suspended until further notice.
FRENCHMAN'S CREEK
LAWSUIT Mr. Mitchell reported the City is working with the law
firm of Scott, Royce, Harris, Bryan & Hyland regarding the
lawsuit with Frenchman's Creek. Mr. Mitchell reported
there is a proposed settlement and further information
will be forthcoming.
REPORTS AND ITEMS BY
COUNCIL TT
Mayor Martino presented a plague of appreciation to
Seymour Fine for his contributions to the City of Palm
Beach Gardens as a member of the Code Enforcement Board
RESOLUTION 99 1990
Mr. Bruno
0
from August, 1987 - August, 1990.
Referencing Resolution 99, 1990, redesignating an 8.674
acre parcel to resident use, Mayor Martino stated the only
notice required by Florida Statues was publication in a
newspaper of general circulation, however, the City
Council required the petitioner to notify the Property
Owner's Associations affected and the placement of a sign
on the property.
Mr. Bruno, Bristol Club, addressed the City Council
expressing his opposition regarding Resolution 99, 1990,
pertaining to the zoning change from recreational to
Ca COUNCIL REGULAR MEETING, 10/4/90 PAGE 3
ztsidentlal on Parcel M -37.
Meryl Holt
Meryl Holt, Lexington Green, addressed the City Council
expressing her opposition to the zoning change on Parcel
M -37.
Jack Horner
Jack Horner, Lexington Green, addressed the City Council
expressing his opposition to Resolution 99, 1990,
pertaining to the zoning change from recreational to
residential on Parcel M -37.
Sherman Gaylan
Sherman Gaylan, vice President of Lexington Green
Condominium Association, addressed the City Council
expressing his opposition to Resolution 99, 1990,
pertaining to the zoning change from recreational to
residential on Parcel M -37.
Rich Walton, Director of Planning and zoning, addressed
the City Council and briefly detailed the history of
Parcel M -37.
Mayor Martino stated the Council will take into
consideration what was said, will consult with staff on
legal issues, and will be in touch with Mr. Bruno and Mrs.
Holt and their respective associations.
Attorney Brant stated the City Council took formal action
pursuant to a notice under the Development of Regional
Impact Statute. Attorney Brant stated the landowner and
the residents both have rights and recommended a return
date to discuss this issue further with formal notice
under the DRI provisions.
Co COUNCIL REGULAR MEETING, 10/4/90 PAGE 4
Mr. Frankel .fir. Frankel, addressed the City Council and gave a brief
history of the site in question as the property owners
knew it.
Mayor Martino reminded the audience that whatever is
proposed to be built on the parcel must come back to the
City Council for approval.
Cuuncilwoman Monroe made a motion that a Special Regular
City Council Meeting on November B, 1990, be scheduled to
discuss the issue of Parcel M -37, with notice of Public
Hearing on the issue of reconsideration and the notice
being sufficient if the Council, after hearing all the
input from staff and developer, the Council either sustadn
the resolution now in place or repeal it; seconded by
Councilman Russo, with the comment he will be out of town
that evening, but will try to reschedule so he can attend.
The motion was unanimously approved by the City Council.
MAYOR MARTINO Mayor Martino reported the County Commission is having a
Public Hearing on 10/9/90 regarding the Traffic
Performance Standards.
Mayor Martino reported receiving a letter from the County
re: Hood Road Alignment.
Mayor Martino reported on the Environmentally sensitive
Land Ordinance. Mayor Martino stated the first time the
County Commission decided to discuss the issue a 3 -2 vote
was taken to hold a ballot referendum in November, however
in order to change their Comp Plan they must have 4 votes.
CIV COUNCIL REGULAR MEETING, 1014/90 PAGE 5
Mayor Harti,iu ztated the Municipal League came back
through its Board of Directors and made a commitment that
the League would support a referendum in February. Mayor
Martino stated another vote was taken at the next Regular
Meeting to hold a referendum on two environmental issues
on February 5, 1991. Mayor Martino stated the first issue
was whether the County residents would like to spend
$200,000,000 to purchase environmentally sensitive lands
located in twelve municipalities throughout the County;
and the second issue was the Environmentally Sensitive
Lands Ordinance. Mayor Martino stated the County is
suggesting their ordinance is superior to all municipal
ordinances, therefore, they are asking the County
residents to vote to override whatever the municipalities
have on their books.
COUNCII,MAN RUSSO In response to Councilman Russo's question regarding the
gates at PGA not working, Assistant City Manager Ed
Mitchell stated they have spoken with Steve Tendrich,
however, stated they would contact him again.
Councilman Russo reported he attended the meeting of the
Boys and Girls Club of North Palm Beaches on Monday,
concerning the teen club in the North end.
Councilman Russo reported there are dances held at the
Galaxy Skating Rink on Saturday evenings. Councilman
Russo credited the Palm Beach Gardens Police Department
® and Officer .lay Spencer for their active role with the
Ce COUNCIL REGULAR MEETING, 10/4/90
PAGE 6
!Bov.: anti GiLi:; Club.
Councilman Russo reported he attended a Recreation
Advisory Board Meeting on Tuesday and discussed the
proposed uses of the Riverside Drive Building. Councilman
Russo reported the Advisory Board and Staff will bring to
Council proposed uses for the building to get direction
from Council sometime in November.
Councilman Russo reported he spoke with Agustin Hernandez
concerning the schools being built behind Shady Lakes.
Mr. Hernandez stated there has been a crime problem and
the contractor has released trained dogs within the fence
surrounding the school; however Councilman Russo was
® concerned with this action and wanted to know if the City
CONSENT AGENDA
monitored a situation such as this. The City Manager was
directed to look into this and discuss same with the City
Attorney.
Upon a request by Councilwoman Monroe, the Minutes of
9/20/90 Regular Meeting were pulled from the Consent
Agenda. Councilman Russo made a motion to approve the
following items on the Consent Agenda; seconded k°y
Councilwoman Monroe. Per a unanimous vote of the City
Council, the following items on the Consent Agenda were
approved and adopted:
2. Resolution 117, 1990 - Authorizing Mayor and City
Clerk to execute an Agreement between the City and the
Service Employees International Union for the
1990/1991 Fiscal Year.
3. Resolution 124, 1990 - approval of PGA National Spa
Complex PUD.
COUNCIL. REGULAR MEETING, 10/4/90 PAGE 7
4. Resoluti -Dn 171, 1-990 - Honoring Mr. and t:?:s. "Hop"
Walsh on their 50th Wedding Anniversary.
5. Resolution 129, 1990 - Approval of Plat for Preston
Courts No. 2, located within the PGA Resort Cormnunity.
Councilman Russo made a motion to approve the Minutes of
the Regular Meeting of 9/20/90; seconded by Mayor Martino.
through the City; what the cost of a supplemental policy
would be; and how many employees are near retirement age
and may be using this benefit in the next 5 - 5 years.
Councilman Russo recommended tying the minimum retirement
age to the receiving of Social Security. Per a consensus
of the City Council, Exhibit "A ", Section XVII -H, Medical
Insurance - Retirement was removed as an exhibit from
Resolution 123, 1990, along with all references to said
exhibit in the title and body of the Resolution. This
topic will be discussed at a later date.
The City Clerk read, in full, Resolution 123, 1990, as
amended, amending "Section XVI. Disability and workers'
Compensation ", Section VII. Position Classification ", of
Per a consensus
of the City Council, the
Minutes of the
Regular Meeting
of 9/20/90 were approved
and adopted.
Councilwoman Monroe
abstained as she was
not in attendance
at the meeting.
RESOLUTIONS
RESOLUTION 123, 1990
After discussion
by the City Council re:
City paying
medical benefits
for retirees and dependents, the City
Manager's Office
was directed to determine the number of
41
employees that are
retired and receiving
medical insurance
through the City; what the cost of a supplemental policy
would be; and how many employees are near retirement age
and may be using this benefit in the next 5 - 5 years.
Councilman Russo recommended tying the minimum retirement
age to the receiving of Social Security. Per a consensus
of the City Council, Exhibit "A ", Section XVII -H, Medical
Insurance - Retirement was removed as an exhibit from
Resolution 123, 1990, along with all references to said
exhibit in the title and body of the Resolution. This
topic will be discussed at a later date.
The City Clerk read, in full, Resolution 123, 1990, as
amended, amending "Section XVI. Disability and workers'
Compensation ", Section VII. Position Classification ", of
Co COUNCIL REGULAR MEETING, 1014190 PAGE 8
the Merit Svr tcm !'_Ties and Regulations.
Councilwoman Monroe made a motion to adopt Resolution 123,
1990, as amended; seconded by Councilman Russo. The
motion was unanimously approved by the City Council.
RESOLUTION 125, 1990 Per a consensus of the City Council, the City Clerk read,
by title only, Resolution 125, 1990, granting an easement
tc Seacoast Utility Authority, comprised of approximately
600 square feet. Councilman Russo made a motion to adopt
Resolution 125, 1990; seconded by Councilwoman Monroe.
The motion was unanimously approved by the City Council.
RESOLUTION 126, 1990 Rich Walton, Director of Planning and Zoning, addressed
the City Council and reviewed the conditions requested by
® the Council, stating they have been included on the Site
Plan.
After discussion by the City Council, Resolution 126, 1990
was amended to include a second paragraph in Section 1. to
read as follows: "Prior to the issuance of a Certificate
of Occupancy for the addition the Petitioner shall obtain
approval of the City Council as to the Landscaping Plan
and structural soundness of the existing storage shed."
Per a unanimous vote by the City Council, the City Clerk
read, in full, Resolution 126, 1990, as amended, approving
the site plan of a building addition to the existing YMCA
building located on RCA Boulevard. Councilwoman Monroe
made a motion to adopt Resolution 126, 1990; seconded by
Councilman Russo. The motion was unanimously approved by
C& COUNCIL REGULAR MEETING, 10/4/90 PAGE 9
the City Coy nc! ! ,
RESOLUTION 127, 1990 Chuck Hathaway, vice President DiVosta & Company,
addressed the City Council and briefly described the art
work proposed to be located on site at the southwest
corner of PGA Boulevard and Military Trail.
Per a unanimous vote of the City Council, the City Clerk
rwad, by title only, Resolution 127, 1990, approving the
recommendations of the Arts Advisory Committee pertaining
to the DiVosta Office Building. Councilwoman Monroe made
a motion to adopt Resolution 127, 1990; seconded by
Councilman Russo. The motion was unanimously approved by
O &NANCE5
ORDINANCE 23, 1990
the City Council.
Mayor Martino declared the Public Hearing open, which was
duly advertised on 9/19/90, and held on the intent of
amending Ordinance 7, 1978, which created "Sandtree" PUD
to provide an additional 3 years from the effective date
for completion of Phases 6 & 7.
After discussion by the City Council, there was a
consensus to make the following changes:
Section 2., first paragraph, third line, delete "together
with a Plan reflecting the over -all completed landscaping
throughout all phases" and replace with "which shall be
consistent with the overall landscaping ".
Section 2., second paragraph, fourth line, delete
"completely restore all required landscaping throughout
COUNCIL REGULAR MEETING, 10/4/90 PAGE 19
the Planned Un:.t D6velopment" and insert "in Phases 6 & 7"
after "land" in the fifth line.
There be no further comments from the public, Mayor
Martino declared the Public Hearing closed.
Per a unanimous vote of the City Council, the City Clerk
read, on second and final reading, by title, referencing
amended paragraphs, Ordinance 23, 1990. Councilwoman
Monroe made a motion to adopt Ordinance 23, 1990, as
amended; seconded by Councilman Russo. The motion was
unanimously approved by the City Council.
ORDINANCE 24, 1990 Councilman Russo made a motion for the City Clerk to read
Ordinance 24, 1990, on first reading, by title only;
I� seconded by Councilwoman Monroe.
Councilwoman Monroe stated she would be looking for some
way to ensure the City has some kind of orderly
development for the future provisions of services.
Per a unanimous vote of the city Council, the City Clerk
read, by title only, on first reading, Ordinance 24, 1990,
annexing into the City a parcel of land comprising of
10,217.23 acres.
ORDINANCE 25, 1990 In response to Councilwoman Monroe, Attorney Brant stated
he attended a staff meeting with the City Manager and the
Director of Planning and Zoning which was conducted by the
County Attorneys Office. Attorney Brant stated the
current position of the County staff was the issue of
contiguity being corner to corner. Attorney Brant stated
Car COUNCIL REGULAR MEETING, 10/4/90 PAGE 11
the Countv :_ttornavls staff proposed the CiLy take a small
elongated parcel of land to annex and come back at a later
date to annex the larger portion.
In response to Councilwoman Monroe, Mr. Walton stated the
reason for annexing area 2 at this time was because the
golf course is contiguous to the proposed area to be
annexed. If the City wishes to incorporate the golf
course as pares of the City, the groundwork would be laid.
Councilman Russo stated his reason for annexing this area
was the proposed airport, which would be contiguous and
eventually could be annexed into the City.
Mayor Martino made a motion to place Ordinance 25, 1990 on
ifirst reading by title only; seconded by Councilman Russo.
Councilwoman Monroe cast a nay vote to place Ordinance 25,
1990 on first reading because she did not feel there was
an urgency to annex this particular area at this time.
Per a consensus of the City Council, the City Clerk read,
by title only, on first reading, Ordinance 25, 1990,
annexing into the City a parcel of land comprising of
1,653.01 acres.
ORDINANCE 26, 1990 Per a unanimous vote of the City Councii, the City Clerk
read, by title only, on first reading, Ordinance 26, 1990,
annexing into the City a parcel of land comprising of
35.94 acres.
ITTMS FOR DISCUSSION
AREND THOMAS
5. Mutt-INS Thomas D. Mullins, pastor of the Palm Beach Gardens Christ
Co COUNCIL REGULAR MEETING, 10/4/30 PAGE 12
?1el? owship addressed the City Council regarding a
parcel of land known as "Caballo Pointe" as a site for a
community church center. Reverend Mullins stated it was
their intent to work within the planned framework of the
City and to maintain the high standard of the natural
beauty of this property and the surrounding neighborhoods,
Reverend Mullins stated they are currently under a
purchase contract agreement with the present owner for
this piece of property and the intent tonight was to get
the initial reaction of the City Council on this use.
Reverend Mullins stated they have spoken with the adjacent
neighbors and their initial reaction has been favorable to
the proposed use vs. the PUD currently being considered.
Reverend Mullins stated they will basically use the
existing structures on the property, by remodeling the
house and riding arena, and are not proposing any new or
additional construction to add to the current density.
In response to Councilwoman Monroe, Reverend Mullins
stated they are considering structuring a sanctuary to
seat 300.
In response to Councilman Russo, Reverend Mullins stated
they may possibly look into the operation of a pre - school
as a secondary use at a later date.
There was a consensus of the City Council for Reverend
Mullins to proceed with his plans, as long as the
• surrounding neighbors are in agreement.
C& COUNCIL REGULAR MEETING, 10/4/90 PAGE 13
Maver Marti -in directed staff to meet with Reverend Mullins
to develop a petition to move forward.
THE OAKS PUD Rich Walton, Director of Planning and zoning, addressed
the City Council regarding the temporary sales center
located on the southeast corner of RCA Boulevard and
Campus Drive. Mr. Walton stated there was a condition
placed on the approval of Ordinance 31, 1989, requiring
the removal of the temporary sales center when the
petitioner's model homes received Certificates of
Occupancy or when Campus Drive was been completed to the
point of access to the models, whichever occurred first.
Mr. Walton stated the petitioner is requesting a four year
extension of time for removal of the temporary sales
center, with any extensions subject to further approval by
the City Council. Mr. Walton stated upon the opening of
the models, Divosta and Company plan to convert the sales
center into a customer center for the new homeowners.
Simultaneous to the conversion., Divosta and Company will
relocate the existing access to the sales center from RCN
Boulevard to Campus Drive. Mr. Walton stated City
Engineer, David Getz, after reviewing the modifications,
recommended a condition that the existing 48" CMP along
the RCA Boulevard driveway entrance be removed or replaced
with 48" RCP, as the 48" CMP was approved only as a
temporary facility to serve the temporary sales center.
• There was a consensus of the City Council to prepare a
Ce COUNCIL REGULAR MEETING, 10/4/90 PAGE 14
resolution f ^r Lonsi.deration of adoption at the Regular
Meeting on 10/18/90.
HILARITIES Rich Walton, Director of Planning and Zoning, addressed
the City Council regarding outstanding items to be
resolved by petitioner and staff. Mr. Walton stated
petitioner has agreed not to lease space in the future to
te.iants who would generate significant night time parking
and has submitted a letter agreeing when this petition is
approved, the old facility's conditional use would expire.
Mr. Walton stated petitioner has provided the parking
availability study which was submitted when Laff Lines was
originally approved, which states the north parking area
® experiences the least amount of parking use during the
days surveyed. The majority of parking spaces are
available in that area. Mr. Walton stated the petitioner
did not prepare any language to limit the uses, however,
Attorney Brant has prepared a condition in the resolution
limiting uses.
Councilwoman Monroe acid Councilman Russo both expressed
concerns regarding the noise factor upon the surrounding
neighborhood.
Walter Wolfe, representing Lincoln Property Company and
C.K. Pntertainment, addressed the City Council expressing
his views on the traffic and noise impact.
Mayor Martino stated the conditions will need to be
• expanded regarding the restaurant uses, when the present
Ce COUNCIL REGULAR MEETING, 10/4/90
PAGE 15
location is va ,-Ated, the conditional use is moved and that
space reverts to permitted uses, and the timing of shows
will be delineated and any special shows, such a New
Year's Eve, should :;e decided front.
Councilwoman Monroe made a motion that applicant be
requested to submit addressed envelopes, regular postage
aZfixed, addressed to all property owners along Idlewild
with the east and west boundaries established by the
parking lot of the Harbour Shops, and to be submitted to
the City Clerk's Office by Tuesday, 10/9/90, and the City
Clerk will notify these residents of the Public Hearing;
seconded by Councilman Russo.
The motion was unanimously approved by the City Council.
The City Attorney was directed to prepare resolutions for
consideration of adoption at the Regular Meeting of
10/18/90.
PUBLIC SAFETY ELEMENT Rich Walton, Director of Planning and Zoning, addressed
the City Council stating the Council agreed to send the
Public Safety Element to the DCA and if there was no major
negative feedback it would be included in the
Comprehensive Plan. If there was negative feedback. the
Council would reevaluate the element. Mr. Walton
requested policy direction regarding this element being
part of the concurrency management system.
Kim Glas, Planning and Zoning, addressed the City Council,
stating staff has recommended level of service standards
COUNCIL REGULAR MEETING, 10/4/90 PAGE 16
Which represent thn oxisting level of service being
provided to City residents. Ms. Glas stated staff is
looking for direction from the City Council as to the
recommended level of service standards.
Councilwoman Monroe stated she would like to see a 5
minute average and set a maximum.
Mayor Martino requested staff give a recommendation to the
City Council in the package for the 10/18/90 Regular
Meeting.
TREASURE COAST
REGIONAL PLANNING
COUNCIL Rich Walton, Director of Planning and Zoning, addressed
the City Council stating the Council has been supplied
® with summary of proposed change to their regional goal re:
environmental preservation of natural habitat. Mr. Walton
stated they are reducing from 25% to a minimum of 15% and
would not exceed 10% of the total site. Mr. Walton stated
they are proposing 0% set aside for agricultural land.
Mr. Walton stated the Treasure Coast Regional Planning
Council is requesting a response by the end of October,
and staff is requesting a policy decision. Mr. Walton
stated it is less restrictive and less imposing than the
City's Ordinance.
Per a consensus of the City Council, staff was directed to
prepare a short comment stating what the TCRPC is
proposing is less restrictive and less imposing than the
® City of Palm Beach Gardens'.