HomeMy WebLinkAboutMinutes Council 101890CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
OCTOBER 18, 1990
The Regular Meeting of 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
Complex, 10500 North Military Trail, Palm Beach Gardens,
Florida; and opened with the Pledge of Allegiance to the
Flag.
ROLL CALL The Secretary 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.
AA)UNCEMENTS Mayor Martino announced there would be a meeting of the
Planning and Zoning Commission on Tuesday, 10/23/90, at
7:30 P.M. in the Council Chambers and a meeting of the
Landscape & Tree Preservation ordinance Committee on
Wednesday, 10/24/90, at 7:30 P.M. at the Municipal
Complex.
PROCLAMATIONS Mayor Martino read a proclamation procl almiOg October,
1990, as "Spinal Health Month ".
Councilman Russo read a proclamation proclaiming October,
1990, as "Crime Prevention Month ".
Vice Mayor Aldred read a proclamation proclaiming October
19 -- 27, 1990, as "Shrine Hospital Days ".
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ITEMS BY THE CITE"
MANAGER
SCHOOL CROSSING
GUARDS
The City Manager reported that the Sheriff's Department
p,, ,ad the crossing guard from the intersection of
1
Northlake Boulevard and Military Trail. The City Manager
stated he has temporarily posted a policeman and a school
dossing guard there to cover the northeast and southeast
corners where the crosswalk is located. The City Manager
stated funds were not budgeted for school crossing guards
at this location and felt the legislature should put the
burden of providing school crossing guards on the Palm
Beach County School Board.
Councilwoman Monroe made a motion to authorize the City
Manager to place the appropriate person or persons at the
intersection of Northlake Bouletiard and Military Trail for
the purpose of acting as school crossing guard; seconded
by Vice Mayor Aldred. The motion was unanimously approved
by the City Council.
TOWN OF PALM BEECH
The City Manager stated the City received a resolution
-
from the Town of Palm Beach opposing the County's
Environmentally Sensitive Land Ordinance and requested the
City of Palm Beach Gardens adopt a similar resolution.
Mayor Martino scheduled this item for discussion at the
11 -1 -90 Regular Meeting.
GAS TAX
The City Manager ztated the City needed to take a position
on the City and County Gas Tax which will sunset shortly.
C COUNCIL REGULAR MEETING, 10/18/90 PAGE 3
The 'City Har.�,ger sated the present distribution is 67% to
L:J
FRENCHMAN'S CREEK
LAWSUIT
is
the County and 33% to the municipalities. The City
Manager stated the County has indicated a compromise of a
75/25 split; however, should it go to the State
requirements it Could be 815 county.
In response to Vice Mayor Aldred, the City Manager stated
the County is not giving credits to the municipalities re:
impact fees.
The City Manager stated the Council is willing to go with
the 75/25 split; however if the municipalities do not
agree, the County is willing to let the State mandate
trigger the split. The City Manager recommended the same
position as the Town of Palm Beach as taken, keeping the
split as it is, but a backup position would be to not take
less than 255.
Per a consensus of the City Council, Mayor Martino will
write a letter on behalf of the City Council, to the
County requesting the split remain 67/33.
Per a recommendation of the City Manager, vice Mayor
Aldred made a motion that the City Manager and City
Attorney be authorized to negotiate a settlement re:
Frenchman's Creek lawsuit; seconded by Councilman Russo.
In response to Councilwoman Monroe, the City Manager
stated the settlement relates to attorney fees only.
The City Manager stated he would bring the numbers back to
the City Council, however, if he is able to work ouL a
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MEETING, 10/18/90 PAGE 4
c.ott? omez.t, rye needed assurance that the City Council
would support him.
The mot-ion was unanimously approved by the City Council.
ANNEXATION OF 28.31
A17RYS_R'E`_. LAKE_ PARK
The City Manager reported he received a Letter from the
City Attorney for Lake Park re. 28.31 acres, Area ,, under
Consideration by the City of Palm Beach Gardens for
annexation. The City Manager stated the are is contiguous
to the City and not contiguous to Lake Park. The City
Manager requested Council authorize the Mayor to write a
letter to the Mayor of Lake Paris explaining the City's
position and point out the fact that Lake Park would have
to come through to City to service this area, and that
Lake Park is not contiguous to this parcel of land.
vice Mayor Aldred made a motion authorizing the Mayor to
write a letter to the Mayor of Lark Park, as stated;
seconded by Councilman Russo. The motion was unanimously
approved by the City Council.
TIXT HUT
ADM RAY II
The City Manager stated Vince Pappalardo, owner of
Admiralty II, has requested permission to construct a
Tiki. Hut behind the Radisson Suites Hotel near the pool
area.
The City Manager stated he would have :.he Building
Department determine that the Tiki Hut is structurally
sound.
Per a consensus of the City Council, permission was
Co COUNCIL REGULAR MEETING, 10/18/90 1 PAGE 5
granted fur Lhe Tiki Hut to be constructed at the Radisson
Suites Hotel near the pool area.
DIVOSTA BUILDING The City Manager stated the Councilmembers need to contact
Chuck Hathaway to set up a time to look at the DiVosta
Building.
REPORTS AND ITEMS
COUNCIL
MAYOR MARTINO
Mayor Martino reported he presented the "Crime Prevention
Month" proclamation to the Crime Prevention Officers,
Tuesday, at Allamanda Elementary School.
Mayor Martino reported he attended a luncheon this date
for the new president of F.A.U., who made strong
commitments tr, the north end of Palm Beach County.
COUNCILMAN RUSSO
Councilman Russo reported he attended the Recreation
Advisory Board meeting Tuesday evening re: Riverside
Building. Councilman Russo stated the Advisory Board
would like to come before the City Council sometime in
November to present their proposals for the building and
get direction from the Council.
Councilman Russo stated he attended the Beautification and
Environmental Committee meeting last week. Councilman
Russo stated the Committee voted to give an award to The
Gardens Mall for landscaping. Councilman Russo stated the
Committee requested information regarding the $30.000
dedicated for the Community Center. Councilman Russo
tstated
the Committee would like to determine if the money
was dedicated and available, and if so, if it can be used.
COUNCIL
REGULAR MEETING, 10 /18/90 PAGE
The Commmittee requested direction as to the Council's
desire to spend the $30,000 at the Community Center.
The City Manager was directed to research this item and
report hack to the Council.
Councilman Russo stated the Committee thought there were
some plans for the median on Military Trail. in response
to Councilman Russo, the City Manager stated he got the
County to include the necessary piping to irrigate the
median in the construction plans.
In response to Councilman Russo, the City Manager stated
re: Shady Lakes, the dog is trained and contained in a
fenced area and was put there by the contractor because
construction material has been taken from the site.
Councilman Russo stated he spoke with Agustin Hernandez
and Mr. Hernandez stated the School Board was not excited
about the prospect of having the dog in the area.
Councilman Russo reported the P.G.A. gates are now
working.
Councilman Russo reported he spoke with Mr. Tendric., today
and he has been meeting with the homeowners to find out
what the residents feelings are prior to the November 8,
1990, Special Regular Meeting.
Councilman Russo reported he attended the annexation
meeting last night at Allamanda Elementary School.
Councilman Russo complimented the City Manager on the
handling of the meeting under the circumstances.
Ce COUNCIL REGULAR MEETING, 10/18/90 PAGE 7
Co,incl2man stated if the 6,000 people choose to come
into the City, the Police Department will need to be
expanded, and the space study needs to be considered.
COUNCILWOMAN MONROE Councilwoman Monroe stated she was pleased with the new
format for the City Newsletter.
In response to Councilwoman Monroe, the City Manager
reported Jean Long is working on establishing procedures
to followup on all conditions and requirements contained
in the Ordinances and Resolutions passed by the City
Council to ensure compliance in a timely manner. The City
Manager reported Linda xosier is working on a computer
program which will categorize all information contained in
the minutes of each meeting with regard to each subject
discussed.
COMMENTS FROM THE
DAVID SHAW David Shaw, resident and member of the PBGYAA, addressed
the City Council and requested a meeting and public
hearing before the Council to discuss the new October 1st
guidelines re: use of recreational facilities.
Mayor Martino stated he will schedule an informational
hearing with the PBGYAA and the City Council as soon as
possible.
CONSENT AGENDA Vice Mayor Aldred made a motion to approve the following
items on the Consent Agenda; seconded by Councilwoman
Monroe,
1, Resolution 130, 1990 -- Approval of minor
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PAGE 8
3rcdifik:ations to the Oaks PUD approved 11/16/89 by
Ordinance 31, 1989, and 5/3/90 by Resolution 60,
1990. '
2. Resolution 134, 1990 - Approval, of Utility Easement
Deed for Garden Oaks Off -Site Force Main.
3. Resolution 135, 1990 -- Approval of Right -of -way to
Palm Beach County as part of Public Golf Course
completion.
Attorney Errant, after discussion with staff, proposed an
amendment to Resolution 130, 1990, as follows:
In the title, 8th line, after 111"rom " strike "said
completion date of models" and insert "from effective date
hereof ". Section 1, 1., second paragraph, second line,
after "years" insert "from effective date hereof ".
After discussion, and per a consensus, the City Council
made the following amendment: instead of inserting "from
effective date hereof" put the actual date of "October 18,
1994" in both places.
Per a consensus of the City Council, all Ordinances and
Resolutions are to include the actual date of expiration.
Vice Mayor Aldred amended his motion to include the
amendments; seconded by Councilwoman Monroe, as amended.
The motion was unanimously approved by the City Council.
RESOLUTION 131, 1990 Rich Walton, Director of Planning and Zoning, addressed
the City Council and stated the three outstanding issues
to be resolved are, limited use and hours of operation,
buffer, and the existing conditional use being dropped
after approval.. Mr. Walton stated they have identified
limiting uses and the hours of operation, and included in
the resolution a condition that cancel the existi.ig
Col COUNCIL REGULAR MEETING, 10/18/90 PAGE 9
r- onditional use. ,here have been no changes to the
buffer.
Mayor Martino declared the Public Hearing open, which was
duly advertised 10/3/90 and held on the intent of
Resolution 131, 1990, approval of a conditional use in the
CG -1 General Commercial District, for the operation of a
performing arts theater, proposed to be located within
Building "A" of the Harbour Shops, 2401 PGA Boulevard.
The City Manager stated letters re: public hearing were
mailed to the residents along Idlewild and the other homes
in the vicinity, with only one letter returned.
There being no further comments from the public, Mayor
40 Martino declared the public hearing closed.
After discussion by the City Council, the following
amendments were made:
1. In Section 1, last sentence, add "No public dance
floor shall be permitted on the ,premises."
2. In Section 2, 9th sentence, add "such" after
"conduct ".
3. Insert a new Section 3 to read as follows: "In the
event the City Council shall deem that the use of
parking on the north property line of the premises
may constitute a nuisance then upon written notice to
petitioner and lessee, successors and assigns, and
other parties determined by the City Council, the
0 City Council may require a form of valet parking."
C& COUNCIL REGULAR MEETING, 10/18/90 PAGE 10
4. Rsnurriber toe paragraphs accordingly.
Per a consensus of the City Council, the Secretary read,
by title only, Resolution 131, 1990, as amended, with
Attorney Brant reading into the record the new Section 3.
Vice Mayor Aldred made a motion to adopt Resolution 131,
1990, as amended; seconded by Councilman Russo.
Councilwoman Monroe stated she felt this was not a good
location for this activity and was not comfortable voting
in favor of the Resolution.
vice Mayor Aldred made a motion to adopt Resolution 131,
1996, as amended; seconded by Councilman Russo.
Resolution 131, 1990 was adopted by a vote of 3 ayes and 1
® nay, with Councilwoman Monroe voting nay, for reasons
stated previously.
RESOLUTION 132, 1990 Mayor Martino declared the Public Hearing open, which was
duly advertised 10/3/90, and held on the intent of
approval of a Conditional Use in the CG -1 General
Commercial District for the retail sale /service of beer
and wine for on-- premise consumption within Building "A" of
the Harbour Shops, 2401 PGA - Boulevard and a varicice to
Chapter 112, Section 112.21 of the Palm Beach Gardens
Code, relative to the distance restriction of 750 feet
between alcoholic beverage vendors.
There being no comments from the public, Mayor Martino
declared the Public Hearing closed.
Per a consensus of the City Council, the Secretary read,
10 COUNCIL REGULAR MEETING, 10/18/90
PAGE
Dy titla only, Resolution 132, 1990.
Attorney Brant recommended amending Resolution 132, 1990
by adding an additional sentence to the last line. of
Section 1, to read as follows: "A variance to the
11
requirement of 750' between businesses is hereby granted."
Vice Mayor Aldred made a motion to approve Resolution 132,
1990, as amended; seconded by Councilman Russo.
Resolution 132, 1990 was adopted by the City Council by a
vote of 3 ayes and 1 nay. Councilwoman Monroe cast the
nay vote for reasons previously stated re: Resolution 131,
1990.
RESOLUTION 133, 1990 Rich Walton, Director of Planning and Zoning, addressed
the City Council stating the City has received a request
to amend the Sign PLogram adopted several months ago, for
PGA National. Mr. Walton stated the proposal is to change
all Sales Center sign directionals to have a green
background instead of black, which was originally
approved. Mr. Walton stated one of the Personnel, signs at
the Resort Core PUD shall have a red background instead of
black.
In response to Councilwoman Monroe, Donna Cesaro- Pengue,
authorized agent, addressed the City Council and stated
the reason for the green signs at the Sales Center was a
marketing decision.
Councilman Russo felt all model center signs should be
included in the color change, so as not to confuse
00 COUNCIL REGULAR MEETING, 10/18/90 PAGE 12
customers.
Per a consensus of the City Council, the following
amendment was made to Resolution 133, 1990:
Section l., 1., first line, insert "and Model" between
"Sales" and "Center ".
Per a consensus of the City Council, the Secretary read,
by title only, Resolution 133, 1990, amending the
Comprehensive Signage Program for the PGA National Resort
Community, a Planned Community District by change of color
of certain signs, referencing the amendment.
Vice Mayor Aldred made a motion to adopt Resolution 133,
1990, as amended; seconded by Councilman, Russo. The
0 motion was unanimously approved by the City Council.
RESOLUTION 136, 1990 Rich Walton, Director of Planning and Zoning, addressed
the City Council, stating this resolution is similar to
one considered by the Jupiter Town Council. Mr. Walton
stated the main thrust of this Resolution is that the
County's Traffic Performance Standards do not stand where
the City would like to as far as the boundary line for the
GAE's for downtown and residential. Mr. Walton stated the
Jupiter Town Council did not adopt the resolution, but
decided to convey to the County their feelings that I -95
should be the boundary for the GAE for both residential
and downtown.
Councilwoman Monroe stated she was not in favor without
40 striking Section 1 and parts of Section 4 that related to
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Co COUNCIL REGULAR MEETING, 10/18/90 PAGE 13
residential.
Per a consensus of the City Council, the Secretary read,
by title only, Resolution 136, 1990, strongly objecting to
the revised Palm Beach Countywide Traffic Performance
Standards pending adoption by the Palm Beach County Board
of County Commissioners; objecting to provisions within
the proposed standards relating to geographic areas of
exception.
Vice Mayor Aldred made a motion to adopt Resolution 136,
1990; seconded by Councilman Russo.
Councilwoman Monroe stated she was not in favor of voting
for or against the Resolution. Although she did endorse
0 part of the Resolution, Councilwoman Monroe was not 100%
in favor of it and, therefore, would not be voting for the
adoption.
Resolution 136, 1990 was adopted by a vote of 3 ayes and I
nay. Councilwoman Monroe cast the nay vote for reasons
previously stated.
ITEMS FOR DISCUSSION
CALIFOPNIA SMOOTHIE Rich Walton, Director of Planning and Zoning, addressed
the City Council, stating a petition has been received
from Michael Phillips, agent for Forbes /Cohen,
representing California Smoothie International, Inc. to
amend the PUD for The Gardens Regional Shopping Mall, to
permit the sale and service of beer and wine for on-
40 premise consumption, including the food court area, at
C& COUNCIL REGULAR MEETING, 10/18/90 PAGE 14
ADJOURNMENT
"California Smoothie"' restaurant, Space L -213 (formerly
Byers Restaurant).
Mike Phillips, authorized agent for California Smoothie,
addressed the City Council stating there is seating for
152 people and they are changing the name, menu and
applying for a beer and wine license.
Per a consensus of the City Council, the City Attorney was
directed to prepare the documents for the Consent Agenda
at the next Regular City Council Meeting of 11/1/90.
There being no further business to discuss, the meeting
was adjourned at 10:30 P.M.
APPROVAL
MIkXOR MARTINO
VICE MAYOR ALDRED
(EXA M. RIFF, SECRETARY
COUNCILWOMAN MONROE
COUNCILMAN KISELEWSKI