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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 ". r_1 Co COUNCIL REGULAR MEETING, 10/18/00 PAGE 2 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 C ' COUNCIL REGULAR 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 * COUNCIL REGULAR MEETING, 10/18/90 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 r 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