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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'.