Loading...
HomeMy WebLinkAboutMinutes Council 091590CITY COUNCIL REGULAR MEETING C!'. Y OF PALM BEACH GARDENS NOVEMBER 15, 1990 The Regular Mejting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Mayor Martino at 0:00 P.M. in the Assembly Room of the Municipal Complex, 10500 North Military 'frail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the The Deputy City Clerk called the roll, and present were Mayor Martino, vice Mayor Aldred, Councilwoman Monroe and Councilman Russo. Councilman Kiselewski was not in attendance, as he was out -of -town. F. 7UNCEMENTS Mayor Martino announced there would be an Art Advisory Committee meeting on Monday, 11/19/90 at 6:30 P.M. in the Council Chambers; a meeting of the Policemen's Retirement Trust Fund board on Tuesday, 11/20/90 at 6:30 P.M. at the Central Fire Station; a meeting of the Code Enforcement board on Monday, 11/26/90 at 7:00 P.M. it the Council Chambers; a meeting of the Planning and Zoning Commission on Tuesday, 11/27/90 at 7:20 P.M. in the Council Chambers and a meeting of the Landscape & Tree Preservation Ordinance Committee on 11/28/90 at 7:30 P.M. in the Council Chambers. Mayor Martino also announced the City', Administrative Offices will be closed Thursday, 11/22/90 and Friday, 11/23/90, in observance of the Thanksgiving r C @( COUNCIL REGULAR MEETING, 11/15/90 PAGE 2 PROCLAMATIONS read a proclamation proclairuing November CALF FOR BIDS 1 MID -SIZE DIESEL TRACTOR E ITEMS BY THE ENVIRONMENTALLY SENSITIVE LAND URDiNANCE 20, 1990 as "FLORIDA GOLF DAY" The City Manager opened and read the following bids received for one (1) mid -size Diesel Tractor, as advertised 10/31/90: I. Pifer .Inc., 1350 Indiantown Road, Route 706, Jupiter, Massey - Ferguson 240, $13,500.00, and a Massey - Ferguson 240 demonstrator, $9,500.00. 2. Trail Ford Tractor Co., 4065 Military Trail, Lake Worth, 1990 -91 Ford New Holland 3430 Series, $13,363.00, and New 1989 -90 Ford Net- Holland 2910 Series, $12,743.00. vice Mayor Aldred made a motion to remand the bids to the City Manager and the Director of Public works for their evaluation and recommendation; seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. The City Manager reported the Environmentally Sensitive Land Charter Amendment Ordinance is scheduled for referendum election on February 5, 1991 and the councilmembers have been proviaed with a copy. The City Manager stated some municipaliti j are proposing resolutions opposing the Ordinance. P1 ICEMEN'S ___ TRUST FUND The City Manager reported receiving information of) the C& COUNCIL REGULAR MEETING, 11/15/90 MIS D rATI ON HOLIDAY SPIRIT PARADE PAGE 3 W-dinent,e I_:.:- 17oiacenen's Retirement Trust Fund from Chairman, Barry Byrd. The City Manager stated the City will be doing their own rewrite of the Ordinance. The City Manager reported receiving a letter dated October 13, 1990, from Commissioner Marcus stating there will be a meeting on Wednesday, November 28, 1990, at 7:00 P.M. at Paim Beach Gardens High School Auditorium to discuss Donald Ross Road Intracoastal Waterway Crossing Replacement. The City Manager announced the 3rd Annual Holiday Spirit Parade will be held on Saturday, November 17, 1990. COUNTYWIDE PLANNING C ICIL �I7IATION The City Manager reported the Council had received a copy of the response from the Countywide Planning Council re: Mediation process. The City Manager stated the Countywic?e- Planning Council recommended the City Council appoint scm-!one from Administration to represent the City in the mediation process. Vice Mayor Aldred made a motion to appoint John L. Orr, City Manager, the representative for the City in the mediation process; seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. NPBCWCD TAX BILL Per the recommendation of the City Manager, Vice Mayor Aldred made a motion for the City Manager to pay $11.156.31, from Council Contingency, for taxes on the 36- 40 acre Park at PGA National; seconded by Counciiwoman C COUNCIL REGULAR MEETING, 11/15/90 PAGE 4 %ionree. Couacil.mar, Russo felt the City Manager should budget funds for the park taxes in the Recreation Budget, for the next fiscal year. The motion was unanimously approved by the City Council.. Per the recommendation of the City Manager, Councilwoman Monroe made a motion for the City Manager to pay $492.00 from Council Contingency for taxes on the PGA National Fire Station; seconded by Councilman Russo. The motion was unanimously approved by the City Council. EXPAND RECYCLING PROGRAM The City Manager reported he has a request to expand the recycling program to include Commercial and a Pilot Program for Multi- Family. The City Manager stated Waste Management, under their contract, agreed to implement this voluntary commercial program and the pilot program for multi- family, in order to meet the State's mandate that the City reduce its waste stream by 30% by the year 1994. In response to Councilman Russo, the City Manager stated the multi- family program will be at the same rate as stated in the contract; however, the commercial program will be negotiated. Mike O'Brien, Waste Management, addressed the City Council explaining the rate structure. Mayor Martino thanked Mr. O'Brien and Waste Management for the service to the City in the oast year. vice Mayor Aldred made a motion for the City Manager to implement the expansion of the recycling program t., W COUNCIL REGULAR MEETING, 11/15/50 PAGE 5 jr;cj. ,,•de cc,.ii4rciai and Pilot Multi- Family; seconded by Councilman Russo. The motion was unanimously approved by the City Council. PAINT CITY COMPLEX The City Manager reported he has received an offer from the Vice President of General Caulking and Coatings Co., Inc. tc paint the City Complex at no cost to the City. Councilwoman Monroe made a motion to accept the offer of General Caulking and Coatings Co., Inc. to paint the City Complex; seconded by Vice Mayor Aldred. In response to Councilwoman Monroe, the City Manager stated General Caulking and Coatings Co., Inc. was the company which painted the City Complex the last time and is he recommends the company. Councilman Russo felt the City should thank General Caulking and Coatings Co., Inc., and after the job is finished present them with a key to the City. The motion was unanimously approved by the City Council. RIVERSIDE BUILDING Doug Hood, Director of Parks and Recreation, addressed the City Council stating whey are hoping to create another Community Center at the location on Riverside Drive. Mr. Hood presented preliminary floor plans to the City Council. Mr. Flood stated there is a big demand for childrens' cooking classes and they are hoping to have a full service kitchen. Mr. Hood stated there is a large room which can be used for teen programs. Mr. Mood stated C COUNCIL REGULAR MEETING, 11/15/90 WAGE 5 'Department and Recreation Advisory Board is looking to the City Council for direction. Mr. Hood stated they plan to renovate by builder /owner and contacting a design draftsman, instead of an architect, to save on expenses. Mr. Hood stated the majority of work is on the interior of the 15,000 square foot facility. Councilman Russo felt using a design draftsman and the owner /builder concept is a goad idea. In response to Mayor Martino, Mr. Hood stated there is a resident on the corner near the Riverside Building. In response to Mayor Martino, Mr. Hood stated the building has been designed to accommodate programs which will 0 require the Least parking during peak daytime hours. In response to Mayor Martino, the City Manager stated a barrier would be installea on the right -of -way along the canal to accommodate the parking. In response to Councilwoman Monroe, Mr. Hood stated there will be a full -time supervisor on site and hopefully a part --time teen coordinator, but would like to get the teens involved in their own supervision. Mr. Hood stated there will be security lighting around the entire building. Councilman Russo made a motion to appro7e, in concept, the proposed layout of the Riverside Drive Building as presented this evening and for the City Manager and the • Director of Recreation to proceed with specifications for V COUNCIL REGULAR MEETING, 11/15/90 PAGE 7 a design owner /builder, improveme:it contract; seconded by Vice Mayor Aldred. The City Manager stated Administration will come back to the Council with sc::ematic drawings and final cost approval to come out of Council Contingency. The motion was unanimously approved by the City Council. DCA 1,ie City Manager reported Rich Walton, while in Tallahassee, spoke with the DCA and they have basically approved the City's Comprehensive Plan with a few minor modifications. Rich Walton, Director of Planning and zoning, addressed the City Council stating Exhibit B was forwarded to the DCA on September 14, 1990. Mr. Walton stated the DCA requested four changes and one addition to the document as follows: Page 2, 2.1.1.3 (c): change wordin network within and serving the City based on project buildout by phases development influence." Page 3, Table 2 -7: rename table to Service" g to read: "The roadway shall be measured and on the radius of "Peak Hour Level of Page 5, 3.1.3.5(b), 3rd paragraph: add "However in no event shall this amount be less than the cost of producing these units." and ", so long as the location is convenient and proximate to the need." 0 Page 8, (b): delete "mobile homes" in line 13 and 15. COUNCIL REGULAR MEETING, 11/15/190 PAGE 8 page 9, 1F�.�ul a -rvice with drainage: The DCA wanted to see this section reflected in the capital improvement program stating there is no deficiency with the City's existing drainage facility. in response to Mayor Martino, Attorney Brant stated the next step would be for Mr. Walton to get the changes .. inalized . Mr. Walton stated his understanding was to send the DCA the changes, verbally or with a cover letter. The DCA will return five copies to the City and then the City will hold a Public Hearing, approve and sign the document, and forward that document to the DCA. Mr. Walton stated the DCA Will sign the document after the City's approval and the City will have sixty days to amend the Comprehensive Plan. Councilwoman Monroe made a motion for staff to proceed with the compromise language to finalize the Comprehensive Plan; seconded by Vice Mayor Aldred. The motion was unanimously approved by the City Council. REPORTS AND ITEMS BY COUNCIL MAYOR MARTINO Mayor Martino reported atterding a Public Hearing in Jupiter re: Planning Council. Mayor Martino stated he submitted, on behalf of the City Council, the Resolution: passed by the Council enumeratin& their concerns. Mayor Martino stated the Planning Council has decided to have more dialogue with the municipalities and postpone the C COUNCIL REGULAR MEETING, 11/15/90 PAGE 9 final February, 1991. Mayor Martino reported attending the Planning and Zoning Commission meeting. Mayor Martino stated George Quintero and Ted Davis presented a preliminary effort for improvements to the Loehman's Shopping Center. Mayor Martino reported the City of Palm Beach Gardens and Lhe City of Boca Raton are being considered for the location of a "Museum of Cartoon Art". Mayor Martino reported attending a breakfast yesterday at the Chamber of Commerce office welcoming Mort walker, creator of Beetle Bailey. Mayor Martino reported the Foundation Land Company had been contacted re: 6 acres set aside for a public site in the regional mall area. Mayor Martino suggested inviting Will Ray, Executive Director of Palm Beach County Council, of Arts, to the next Regular Meeting, to enlighten the Council on the Museum of Cartoon Art. In response to Councilwoman Monroe, Mayor Martino stated the Foundation Land Company owns the property and they are required to use the 6 acres for some type of public use, and the museum would fit that use. Councilwoman Monroe requested information pertaining to the Jong range use of this property before further discussion. COUNCILMAN RUSSO Councilman Russ, expressed concern with the alarm system permit fee stating he felt the enforcement was unfair since homes in PGA National had alarms installed when they COUNCIL REGULAR MEETING, 11/25/90 PAGE 10 r,•ere built, h, i-htw City is unaware of who hub alarms and who does liot. Councilman Russo stated he is receiving calls from residents stating they have received an alarm bill, however, their neighbors have not. The City Manager stated several years ago the City Council approved a $20.00 annual fee for all alarms installed in the City of Palm Beach Gardens. The City Manager stated at that time, there were three different companies which installed the alarms, and it was easy to keep track of the alarm installations. The City Manager stated when calls are received, they are registered and then alarm bills are sent out. Councilman Russo made a motion to authorize Attorney Brant to amend the Ordinance in question to eliminate the fee for residential private security alarms; seconded by Councilwoman Monroe. Councilman Russo felt there should be a one time permit fee, however the annual fee should be waived. The motion was unanimously approved by the City Council. COMMENTS FROM THE PUBLIC JUDY AMSLER Judy Amsler, resident of Palm Beach Gardens, addressed the City Council regarding the increase in traffic and speeding on Holly Drive. Mrs. Amsler stated recently a child was hit by a car on Holly Drive and suggested a speed control system be considered. The City Manager stated the school's planning staff is COUNCIL REGULAR MEETING, 11/15/90 PAGE 11 e:;rrently dr r.7.: isa.�g a new traffic and parking plan. The City Manager stated after the City Engineer has studied WM CARS ILLO CONSENT AGENDA the school's plan, the City will be better equipped to deal with the speeding on Holly Drive and the congestion of traffic surrounding the school.. Mayor Martino assured Mrs. Amsler that the City Council ai.3 the City Manager are concerned with the traffic problems around the school and will make a commitment to the parents and residents to work with the school in resolving this matter. Mayor Martino stated the parents could exert pressure on the principal of the school to speed up the process. Sam Carsillo addressed the City Council regarding the helipad, K -9 dogs, library and bike paths. Per a consensus of the City Council, Items #4 and 5, were pulled from the Consent Agend-. Councilwoman Monroe made a motion to approve the following items on the Consent Agenda; seconded by vice Mayor Aldred. The motion was unanimously approved by the City Council and the following items were approved and adopted: 1. Resolution 144, 1990 - Authorizing the Mayor and City Clerk to execute a Corrective Quit Claim Deed, originally approved by Resolution 48, 1990, re: exchange of right -of -way can Burns Road. 2. Resolution 146, 1990 - Certifying the results of the Referendum Election conducted 11/6/90, within the City and in the area proposed for annexation pursuant to Ordinance 17, 1990, 3. Resolution 147, 1990 - Expressing concern regarding the expansion of the review responsibility of the F CITY COUNCIL REGULAR MEETING, 11/15/90 Governor and Cabinet. 6. Resolution 155, 1990 -- Approving beer /w'r s : r; conjunct - on with thi Restaurant and Health Bar on the located within the Gardens Mall, PAGE 12 the retail sale of s use of the Bloomingdale's site a P.U.D. RESOLUTION 152, 1990 I5-3, 1990 Steve Mathison, representing Linpro, addressed the City Council regarding Resolution 152, 1990, Gardens East Rental Apartments Phase 1, and Resolution 153, 1990, Gardens East Rental Apartments Phase 2. attorney Mathison stated a change is being requested in the entity which is taking title to the Property. Attorney Mathison stated the entity will now be a corporation and the corporate officers will be signing as ownef of the property. Attorney Mathison stated the word "Rental" needs to be struck in the title and Section 1 of Resolution 152, 1990 and Resolution 153, 1990, to correspond to the respective plat. The City Manager stated the plat will be approved subject to execution by the corporation. RESOLUTION 152, 1990 Per a consensus of the City Council, the Deputy City Cleric read, by title only, Resolution 152, 1990, Plat of Gardens East Apartments Phase 1, as amended.. Councilwoman Monroe made a motion to approve Resolution 152, 1990, as amended; seconded by Councilman Russo. The motion was unanimously approved by the City Council, RESOLUTION 153, 1990 Per a consensus of the City Council, the Deputy City Clerk read, by title only, Resolution 153, 1990, Plat of Gardens SEast Apartments Phase 1, as amended. Councilwoman Monroe made a motion to approve Resol,3tjon CS COUNCIL REGULAR MEETING, 11/15/90 PAGE 13 1:,;, 19C?t% az seconded by Councilman RUSSO. The motion was unanimously approved by the City Council.. RESOLUTIONS RESOLUTION 143, 1990 Mayor Martino stated there are approximately twelve municipalities in Palm Beach County which have been deemed to have some environmentally sensitive lands. Mayor Martino stated under the original Ordinance by the County, municipalities would have the opportunity to opt out of the Ordinance if the municipality had an Ordinance that was as good or better than the County's. Mayor Martino stated the Environmentally Sensitive Land Ordinance of the City of Palm Beach Gardens was forwarded to the County and was deemed to have met the intent and legal sufficiency by the County Attorney's Office. Per a consensus of the City Council, the "s" in the second line of the fourth "WHEREAS" would be moved to the end of the first lire, the "September 25, 1990" date in the fourth "WHEREAS" would be changed to "Octobor 16, 1990" and on the same line, "first" would be changed to "final ". Per a consensus of the City Council, the Deputy City Clerk read, by title only, Resolution 143, 1990, acknowledging the changes in the fourth "WHEREAS ". Vice Mayor Aldred made a motion to approve Resolution 143, 1990, as amended; seconded by Councilman, Russo. The motion was unanimously approved by the City Council. RObLUTION 148, 1990 Rich Walton, Director of Planning and Zoning, addressed CV COUNCIL REGULAR MEETING, 11/15/90 RAGE 14 the City CoiMn: 1. regarding Resolution 148, 1590. Mr. Walton briefly reviewed the history of the PGA National Commerce Park. Mr. Walton stated the Petitioner had agreed with all conditions of staff. Mr. Walton stated more than half of the conditions deal with landscape. Per a consensus of the City Council, the following changes care made to Resolution 148, 1990: in Section 1, #3, the last word shall be changed to "Planning and Zoning Director "; on page 2, #7, line 5, after "tree" place a"," and add "a minimum of 12' in height,"; #7, lane 7, change "establishment" to "planting "; #7, line 10, change "can" to "shall ", insert "and" between "irrigated" and 0 "maintained ", delete "and established" and "each individual lot owner" and add "the Property Owners' Association "; #8, last lina, after "boundary" add "unless modified by the City Council at the time of Site Plan approval "; #9, last line, after "irrigated" add "unless modified by the City Council at the time of Site Plan Review "; delete Condition #12; #13, line 4, delete everything after "M -1 Research and Light Industrial Park District" and add "and the following uses: - offices and office buildings "; #15, delete the last word "required" and add the following "permitted, unless modified by the City Council at the time of Site Plan review "; and Section 4, after "Resolution 34, 1986" insert "including modifications thereto ". C COUNCIL REGULAR MEETING, 11/15/90 PAGE 15 Lic- incilwomar. Vc,nrre requested Resolution 148, 1990 be put in final form, the notice sign be moved from the interior of the project, to be made visible from the public road, and Resolution 148, 1990 be scheduled when all _councilmembers will be present. Vice Mayor Aldred made a motion to reschedule Resolution 14L, 1990 for the Regular Meeting of December 6, 1990; seconded by Councilman Russo. The motion was unanimously approved by the City Council. RESOLUTION 156, 1990 Rich Walton, Director of Planning and Zoning, addressed the City Council regarding the entry features for Parcel 3 and 5b of Ballenlsles. Mr. Walton stated the approval for 40 the PUD's required these items to come back before the City Council. Ken Blair, vice President, Hansen Properties, addressed the City Council requesting approval of signage for St. George Estates, Pod 3 and St. James, Pod 5b. Per a consensus of the City Council, the Deputy City Clerk read, by title only, Resolution 156, 1990. Councilwoman Monroe made a motion to adopt Resolution 156, 1990; seconded by Councilman Russo. The motion was unanimously approved by the City Council. ORDINANCES ORDINANCE 29, 1990 Per a consensus of the City Council, the Deputy City Clerk read, by title only, on first reading, Ordinance 29, 1990, rezoning a 40 acre site from Palm Beach County Zoning * COUNCIL REGULAR MEETING, 11/15/90 ITEMS FOR D7TMS'S7-0N PAGE 16 r -,—s gna lton of Ag;.icu1tural Residential with a special exception to allow for a water treatment plant to Palm Beach Gardens zoning designation of GU- Governmental Use, located at 4200 Hoot; Road. CHANGE OF STANDARDS SON AND PREVENTION The City Manager stated this was a standard code adoption which is consistent with the Southern Standard, Building Code. Per a consensus of the City Council, Attorney Brant was directed to draft an Ordinance to effect the changes. STEEPLECHASE NAME 'T Councilwoman Monroe stated she was opposed to changing the name of Haverhill Road in the Steeplechase Safe Neighborhood, as she did not feel the same road should have several different names running through the community. Attorney Mathison stated all service providers will be notified of the name change. In response to Mayor Martino, the City Manager stated the County has requested a letter from the City stating the City does not object to the name change. Vice Mayor Aldred made a motion for Mayor Martino to write a letter to the County stating the City of Palm Beach Gardens concurs with the name change of Haverhill Road within the Steeplechase Safe Neighborhood District; Cff COUNCIL REGULAR MEETING, 11/15/90 we:::orded by —n*. r,;.Ll-,azi Russo. The motion was approved by PAGE 17 the City Council with a vote of 3 ayes and 1 nay vote cast by Councilwoman Monroe for reasons previously stated. PALM BEACH GARDENS FELLOWSHIP Rich Walton, Director. of Planning and Zoning, addressed the City Council stating the pastor is requesting an accelerated time schedule for advertising purposes. Mr. Walton stated the process would be to advertise for second reading 1 day prior to first reading, with first reading being scheduled for December 6, 1990 and second reading to be scheduled for December 20, 1993. Per a consensus of the City Council, the accelerated time schedule for advertising was granted to Palm Beach Gardens Christ Fellowship. FAIR LABOR ACT The City Manager stated he had given a copy of the Fair Labor Standards Act to each councilmember and the City is going to have to go back a couple of years to pay longevity anu incentive pay for overtime. The City Manager stated the amount will be between $15,000 and $18,000. Councilman Russo made a motion for the City Manager to be authoriGed to expend funds to comply with the Fair Labor Standards Act to be taken from the salary account; seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. ADJOURNMENT There being no further business to discuss, the mee+-ing