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