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HomeMy WebLinkAboutMinutes Council 090690CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS September 6, 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 Hunicipal Complex, 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, Councilman Kiselewski and Councilman Russo. vice Mayor Aldred was not in attendance as he was out of town. A IUNCEMENTS Mayor Martino announced there would be a meeting of the Code Enforcement Board on Monday, September 10, 1990, at 7:00 P.M. in the Council Chambers; a meeting of the Planning and Zoning Commission on TuesO.ay, September 11, 1990, at 7:30 P.M. in the Council Chambers; a meeting of the Merit System - Zoard on Tuesday, September 11, 1990, at 7:30 F.M. in the Finance Office; a meeting of the Beautification and Environmental Committee on Wednesday, September 12, ?990, at 7:30 P.M. at the Community Center; a City Council will be holding a Public Hearing on the Budget on Thursday, September 13, 1990, at 8:00 P.M. in the Council Chambers. PROCLAMATIONS Mayor Martino read a proclamation proclaiming September OR 13, 1990 as D.A.R.E. Day. CO. COUNCIL REGULAR MEETING, 9/5/90 PAGE 2 Mayor Martino read a proclamation proclaiming September 17 -- 23, 1990, as ConGtitution Week. ITEMS BY THE CITY MANAGER EXECUTIVE SESSION Ed Mitchell, Assistant to the City Manager, stated the City Manager has scheduled a meeting at 7:00 P.M. on - hursday, September 13, 1990, for a presentation by Bob Norton, attorney handling negotiations for the firemen's contract, and requested the City Council schedule an Executive Session. Mayor Martino clarified that the Executive Session is a session between the City Council and its advisors on negotiations for contracts and is closed to the public and the press. BUILDING TOUR Mr. Mitchell stated the City Manager requested the City Council schedule a date to tour the MacArthur Foundation and the Burg & Divosta buildings. In response to Mayor Martino, Councilwoman Monroe stated she will not be available for the next three weeks, Councilman Russo stated he will not be available for the next two weeks, and Councilman Kiselewski stated he will. be on a live television program Thursday night to discuss the Solid Waste Authority and would not be able to attend the Special City Counci]_ meeting. Attorney Brant stated there must be a quorum Thursday night, 9/13/90 for the first reading of the proposed budget, however a quorum is not required for the public C* COUNCIL REGULAR MEETING, x/5/90 PAGE 3 hearing. REPORTS AND ITEMS BY MAYOR AND COUNCIL MAYOR MARTINO Mayor Martino reported he has been meeting with the Traffic Performance Advisory Committee and during the deliberations, they were told that the traffic circulation element for the Comprehensive Plan. for Palm Beach County had to be amended to incorporate some items. Mayor Martino stated that in putting together the circulation element, the consultant, Mr. Carlson and some of the County staff have interjected references, that he felt were infringements on some municipal powers. Mayor Martino stated he has requested the references be removed and is meeting again on Monday to ensure the language does not sacrifice any municipal powers. Mayor Martino stated if the language is not satisfactory, he is, on behalf of the City Council, the City of Palm Beach Gardens, and the Municipal League, going to write a letter to the County Commission, making it part of the public record, strenuously objecting to any Language that refers to municipalities giving up any powers. Mayor Martino rel. ten he has also met with school board officials re: various interlocal agreements. Mayor Martino staffed he has given the Council members a copy of the senior cil-tzen problem that has arisen. CgWCILMAN RUSSO Councilman Russo reported he attended a meeting of the Recreation Advisory Board and Melvin Braxton, President of el C0 COUNCIL REGULAR MEETING, 916190 PAGE 4 the YAA, was also in attendance. Councilman Russo stated the Advisory Board told Mr. Braxton there would be a letter from the Mayor describing the policy which the City Council has adopted re: non - resident participation in programs. Councilman Russo stated the Recreation Advisory Board would like to see the letter as soon as possible. Councilman Russo stated he relayed the position of the City Council to the Recreation Board re: 17 acre park and that a decision has not been made as to its use. Councilman Russo stated the Recreation Advisory Board also discussed the Riverside Building. Councilman Russo requested information re: impact ordinance Dr. Nicholas was preparing. In response to Councilman Russo, Mr. Mitchell stated the City has not heard from Dr. Nicholas, but he will try to contact Aim. COUNCILWOMAN MONROE Councilwoman Monroe stated she will not be in attendance the next three Thursdays as she will be on her honeymoon. COUNCILMAN KISELEWSKI Councilman Kiselewski reported the Solid Waste Authority has reduced the budget enough to make the assessment on households $137.00. Councilman Kiselewski stated the trustees on the bonds have not agreed to put a mandatory adjustment through for commercial businesses and a meeting has been scheduled for 9/10/90. Councilman Kiselewski reported he attended the Executive Meeting and the State Metropolitan Planning Organization ® meeting on Marco Island. Councilman Kiselewski stated the C& COUNCIL REGULAR MEETING, 9/6/90 PAGE 5 Federal go:reinment is try to keep the same flow of monies coming in from Interstates and spend it elsewhere. Councilman Kiselewski requested Mr. Mitchell contact Chief Frazier to determine what the impact has been on the crime, burglaries, etc. at PGA Resort Community, now that the guardhouse gates are closed to thru traffic. MAYOR MARTINO Mayor Martino reported there is a public hearing re: Hood Road Alignment on 9/18/90. COUNCILWOMAN MONROE Councilwoman Monroe stated Mrs. Faulkner of the Beautification and Environmental Committee requested information on a report from Doug Hood re: the monies to be spent on landscaping at the Community Center. ® Councilwoman Monroe requested the streetscape plan be placed on high priority for the month of October. CONSENT AGENDA Councilwoman Monroe made a motion to approve the following items on the Consent Agenda; seconded by Councilman Kiselewski. Per a unanimous vote of the City Council, the following items on the Consent Agenda were approved and adopted: 1. Approval of Minutes of 8/2/90. 2. Approval of Minutes of 8/16/9o. 3. Resolution 102, 1990 - Authorizing the Mayor to execute Interlocal Agreement re: Local Option Sales Tax. 4. Resolution 113, 1990 - Honoring Edward M. Eissey, President Palm Beach Community College North Campus. Councilman Russo did not vote on Item #1, as he was not in attendance at the meeting. i PUBLIC HEARINGS COUNCIL REGULAR MEETING, 9/6/90 PAGE 6 PGA NATIONAL DRI Mich N alton, DILector of Planning and zoning, addressed the City Council stating that included in the Council's package were letters to two of the POA's, Bristol Club and Lexington. in response to Councilman Russo, Mr. Walton stated in the file is an affidavit stating a sign was posted on the site last Thursday and the letters dated 9/4/90 to Bristol Club and Lexington Green Homeowners Associations. Hank Skokowski, Urban Design Studio, addressed the City Council stating he understood, from all discussions with the Council., there were only two POA's that were directly affected, Bristol Club and Lexington Green. Mr. Skokowski stated a 3' x 3' white sign was posted on the property and there has been a substantial amount of disc_,ssion with the two property owners associations mentioned. Mayor Martino declared the Public Heaping open, which was duly advertised on 8/23/90, and held on the -�:oncideration whether proposed amendments to the existing Development Order for the P.G.A. Resort communit} -, a De�el.opment of Regional Impact, as adopted 8/31!78 -.sy Re:o_Lution 43, 1978, and amended 9/19/85 by Resolution 36, 1985, together with the proposed-amendments to the Master Development Plan for the P.G.A. Resort Community, constitute a Substantial Deviation, as that term is defined by Florida Statute 380.06(19) requiring further Development of Regional impact review. CW COUNCIL REGULAR MEETING, 9/6/90 PAGE 7 6tsve Tendrich, President PGA National, addressed the City i Council stating he met with Lexington Green Homeowners Associa�:ion Board of Directors a couple of times on this issue. Mr. Tendrich stated he told the Board of Directors if the property was rezoned residential, the ditch running along the property line would be filled in and landscaped. Mr. Tendrich stated the Board of Directors was opposed to a 3 story building and therefore only a 2 story building would be built. Mr. Tendrich stated he had a letter signed by three members of the Board, but the vote had been 4 -1 in favor of the rezoning. Mr. Tendrich stated he had met with the Bristol Club 0 • Homeowners Association Board of Directors, which has eleven members. Mr. Tendrich stated six•of the members are controlled by Channing Corp. Mr. Tendrich stated he met with four of those members and they were in favor of the plan. Mr. Tendrich stated the following week there was an official board meeting where they formally voted in favor of the plan. Mr. Tendrich stated the Preston POA is- controlled by PGA and he was not aware they were to be contacted. Mr. Tendrich stated The Lakes is in receivership and PGA is the receiver. In response to Mayor Martino, Mr. Tendrich stated the property would he restricted upon sale to no more than 2 stories. In response to Councilman Russo, Mr. Tendrich stated originally the property was to be commercial. COUNCIL REGULAR MEETING, 9/6/90 PAGE S Councilmar: iwssu stated he had a problem with notification 11 RESOLUTIONS being on 9/4/90. Mr. Tendrich stated Mr. Walton had requested proof of notification and the letters were hand - delivered and mailed. In response to Councilman Kiselewski, Mr. Tendrich stated he has checked with the Northern Palm Beach Water Control District, and they also requested to have the ditch filled in as well. In response to Councilman Kiselewski, Mr. Skokowski stated the affordable housing included in the Comprehensive Plan would not be applicable in this instance. Mayor Martino stated the Comprehensive Plan referenced by Councilman Kiselewski is not in force and effect at this time. In response to Councilman Kiselewski, Mr. Skokowski stated once the City Council approves this request, the Master Plan is redesignated for residential use and potential density up to 15 units per acre. Mr. Walton stated the Regional Planning Council and the State were notified and both responded stating they had no objections. There being no further comments from the public, Mayor Martino declared the Public Hearing clo:�ed. RESOLUTION 99, 1990 Councilman Kiselewski made a motion to adopt Resolution 0 99, 1990, amending the Master Development Plan of PGA Ce COUNCIL REGULAR MEETING, 9/6/90 PAGE 9 ncsor -- Cornmiurlltx to redesignate an 8.674 acre parcel from recreation and open space land use to residential land use, with a maximum of 15 units per acre; and to amend the Development Order by modifying Condition 14, pertaining to required recreation acres; seconded by Councilman Russo. The motion was unanimously approved by the City Council. Mayor Martino requested PGA National submit a letter to the City Council stating the final figure as to how many units there will be and release all legal rights to the difference. Mayor Martino stated he would then present the letter to the Palm Beach Post Editorial staff. Mr. Tendrich stated he would discuss the request and get back to the Council with a response. RESOLUTION 109, 1990 Councilman Russo made a motion to appoint K. Dan Shalloway to the Code Enforcement Board to fill the expired term of Seymour Fine; seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. RESOLUTION 110, 1990 Councilman Russo made a motion to appoint David Porter to the Arts Advisory Committee to fill the unexpired term of David S. Miller; seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. RESOLUTION 111, 1990 Councilman Russo was concerned that Sandra Gottlieb, alternate on the Recreation Advisory Board, has not attended several meetings of the Recreation Advisory Board, Councilman Russo stated Melvin Braxton will no longer be president of the YAA after they hold their Co COUNCIL REGULAR MEETING, 9/6/90 PAGE 10 ti�cctions, but v;ill be known as the past president and will be a good choice as a board member. Mayor Martino requested the City Clerk contact Sandra Gottlieb to determine if she is interested in being a full board member and insert Ronnye L. Sands in Section 3. Resolution 111, 1990 will be considered for adoption at the, Regular Meeting of 9/20/90. RESOLUTION 112, 1990 Rich Walton, Director of Planning and Zoning, addressed the City Council referencing his response to the Area Wide Planning Council, stating the first part are the policies in the Comprehensive Plan which have been reviewed by the Area Wide Planning Council staff. Mr. Walton stated the IDPalm Beach Gardens Comprehensive Plan has been prepared in accordance with Chapter 163, F.S., meeting the minimum criteria set forth in Rule 9J -5, F.A.C. and the Countywide Planning Council has no-authority to require the adoption of additional policies and is in direct conflict with the statutory responsibilities given to the Council by the voters of Palm Beach County. Mr. Walton stated the second part contains a cover sheet with five different responses. In response to Councilwoman Monroe, Mr. Walton stated that Polygon Nos. 461 & 464 could be changed to response #2. Councilman Kiselewski made a motion to adopt Resolution 112, 1990, with the proviso that the last paragraph of • Exhibit "A ", Response to Po:,.cy Potential {' COUNCIL REGULAR MEETING, 9/5/90 PAGE 11 interjurisdictional Incompatibility be placed at the top of the page and that the Polygon Nos. 461 & 454 be changed to response 02; seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. RESOLUTION 114, 1990 Councilwoman Monroe requested calculations on future annexations to assist in the decision making process. Councilman Kiselewski made a motion to adopt Resolution 114, 1990, authorizing the Mayor and City Clerk to execute an Interlocal Agreement between the City of Palm Beach Gardens and the County of Palm Beach providing for Fire - Rescue Services by the County's Fire- Rescue MSTU re: Briger Annexation; seconded by Councilman. Russo. The motion was unanimously approved by the City Council. ORDINANCES ORDINANCE 22, 1990 Per a unanimous vote of the City Council, the City Clerk read, by title only, on first reading, Ordinance 22, 1990, annexation of an 81.9- acre site, located approximately 1,300 feet west of Prosperity Farms Road, immediately llvi ti ul Frehml fan' 01 Lording and w @gt of Cryotal Pointe residential subdivisions (Starwood Annexation). ORDINANCE 23, 1990 Per a unanimous vote of the City Council, the City Clerk read, by title only, on first reading, Ordinance 23, 1990, extension of time for Sandtree PUD, approved 5/1/78 by Ordinance 7, 1978, extended 5/21/81 by Ordinance b, 1981, and 7/1/82 by Ordinance 14, 1982, and reinstated as a PUD to 10/1/87 by Ordinance 9, 1987. COUNCIL i%EGULAR MEETING, 9/6/90 PAGE 12 IT'E'MS FOR DISCUSSION STEEPLECHASE GUARDHOUSE Rich Walton, Director of Planning and Zoning, addressed the City Council stating the site plan approval by the Site Plan and Appearance Committee at the August 14, 1990 meeting contained eight conditions for the manned 7aardhouse at the north end of the development and a remote gate at the south entrance. This is the next step after creating the Steeplechase Safe Neighborhood District. Councilman Kiselewski requested Condition #4 be changed to read as follows: " A device to caution drivers shall be used to slow traffic upon entry." Raymond Royce, attorney for Petitioner, addressed the City Council detailing the plans for the proposed guardhouse and gatehouse at Steeplechase. Councilman Kiselewski stated he would like to see paving, instead of shellrock, at the turn - around. Mayor Martino requested every detail being shown have an appropriate color number, roof materials to be specifically referenced, and landscaping plans to be attached to documents for approval by the City Council, all being duly noted on the site plan. In response to Mayor Martino, Attorney Brant stated the approval of the site plan would be by Resolution. DCA STIPULATION CW COUNCIL REGULAR MEETING, 9/6/90 PACE 13 AGREEMENT Rich Director of Planning and Zoning, addressed the City Council stating he spoke with John Baker of the DCA staff on Thursday and stated the document they have is acceptable, howevor they wanted it reformatted. After discussion by the City Council, the following changes were made: Page 2, Section II, d, Policy 2.1.1.4., first line: "Prepare a report when required for analysis which identifies the excess service volume on city roadways within the City." Page 4, Table 2 -10: "Include a definition of radius." Page 5, Section III, b, second paragraph, second sentence: Delete the sentence and substitute a vague clause to establish the criteria for voluntary funding. Page 7, Section III, second paragraph, tenth line: after "additional bonus" insert "up to a total of 15 ". Page 8, Section III, b, (2) last line: insert "geographical" in front of "area" and insert "as designated" after "area ". The City Council directed Mr. Walton to make changes and submit the proposed changes to the DCA. PARCEL M -30 FUA NA77UITAL Rich Walton, Director of Planning and Zoning, addressed the City Council and outlined the proposed plans and conditions recommended by the Planning and Zoning 41 Commission for the proposed PUD on Parcel M -30 of PGA National PCD. Go COUNCIL REGULAR MEETING, 9/6/90 PAGE 14 1-nk ckoko.;ski, Urban Design Studio, addressed the City Council re: creation of a 3.52 zero -lot -line units residential FUD on Parcel M -10 within the nGA National PCD. Mr. Skokowski stated that on the 7 units which are interior units, a minimum setback of 10' is required. Mr. Skokowski suggested the language read: "The side setbacks between units will be 10' except for those units which benefit from the amenity sections, water and open space, where the side setback shall be a minimum of a' whenever a bay window building feature occurs." Councilwoman Monroe suggested " all buildings minus the bay window will be 10' feet apart and if there is a bay window, stated measurement excludes the depth of the bay window." Mayor Martino requested the three conditions appear as notes on the site plan. Councilman Kiselewski requested Mr. Skokowski discuss with Chief Arrants how the backside of the units on the lake wi?1 be prntectod by the Fire Department. Councilwoman Monroe requested the s17,�! of the sidewalk be included in Condition 1. Councilwoman Monroe requested adding a one year reinspection statement in Condition 3. There was a consensus of the City Council for the Petitioner to proceed with the proposed plans as outlined this evening. PETITIONS AND UAWUNICATIONS Councilman Kiselewski reported he received a request for a letter from the City stating support for baseba'1 in South C9' COUNCIL REGULAR MEETING, 9/6/90 BUDGET HEARING PAGE 15 -!,t ;rida. 1.71 , 4sponse to Councilman Kiselewski, Mayor Martino stated he will write the letter. Attorney Brant suggested scheduling the Special Regular Meeting at 6:30 p.m., Thursday, 9/13/90, for first reading of Ordinance zi, 1990 and recess the public hearing to 8:00 p.m. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 10:55 p.m. APPROVAL )�txc MAYOR MARTINO COUNCILWOMAN MO:KROE VICE MAYOR ALDRED �., CO;CIL N KISELEWSKI Co UNC'�iA!�iUSSO LINDA V. KOSIER, CITY CLERK 0