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HomeMy WebLinkAboutMinutes Council 120188CITY CCJNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS is DECEMBER 1, 198E The Regular Meeting of the City Council of Palm Beach Gardens, Florida, was called to order by Mayor Feeney at 8:00 P-M. in the Assembly Room of the Municipal Complex, lOE00 North Military Trail, Palm Beach Gardens, Florida; and opened with she Pledge of Aliegiance to the Flag. ROIL CALL The City Clerk tailed the roll and present were: Mayor Feeney, Vice Mayor Martino, Councilman Aldred, Cc:ncllwoman Monroe and Councilman Kiselewski. APPROVAL OF MINUTES The minutes of the Special Regular Meeting and the Workshop Meeting of 11110/88 were unanimously approved as written. ANNOUNCEMENTS Mayor Feeney announced there would be a meeting of the Site Plan and Appearance Review Committee on Tuesday, December 6, 1988, at 7:30 P.M.; and a meeting of the Planning and Zoning Commission Special Meeting to be held at the City's Community Center, on Wednesday, December 7, 1988, at 7:30 P.M. PRESENTATION - TEAM PLAN, INC. Mr. Michael T. Redd, President of Team Plan, Inc., made a presentation to the City of a placque from the American Planning Association Award won by the City for the Roadway Beautification and Enhancement Study /Program. The City Council will hold a soecial meeting the second week in January to discuss the Roadway Beautification and Enhancement Program. ITEMS BY THE CITY MANAGER LOXAHATCHEE COUNCIL OF GOVERNMENTS AND P.B.C. MUNICIPAL LEAGUE MEMBERSHIPS Councilman Kiselewski stated that the Council of Governments (COG) had Alk interests that were not similar to the City's; and objected to an organi- CITY COUNCIL REGULAR MEETING, 1211188 PAGE 2 nation built of so many diversified groups, each having a like voting power yet not having the same financial responsibility. Councilman Aldred agreed, stating if you have an equal vote you should have an equal financial responsibility. Councilwoman Monroe stated she had some con- terns, however, would not like to lose the dialogue with the other munici- palities and have the opportunity to state the City's views. Mayor Feeney Mated he would be ".hard pressed" to continue the membership in COG. Vice Mayor Martino felt both organizations needed to change the ground rules under which they are working, and particularly concerned about positions being taken by the representatives at these meetings without having furl dialogue r,ith the entities they represent. Vice Mayor Martino felt in the first quarter of next year the City Council should have a workshop that dealt with these two organizations, and put all of the concerns on paper to be forwarded to these — ganizations. If, next year at the time to renew membership, policies of the organizations have not been improved the City Council could decide against membership. Councilman Kiselewski felt the City hau more of a voice and had more to gain being members of the Municipal League than with COG. Councilman Kiselewski was in favor of renewing membership in the Municipal League. Per a vote of 3 ayes and 2 nays, the City Council approved paying the annual dues of $2961 to renew the City's r.ambership in the Loxahatchee Council of Governments for another year. The money is to be taken from the Council Contingency Account. Mayor Feeney and Councilman Kiselewski cast the nay votes for reasons as stated above. Per a vote 3 ayes and 2 nays, the City Council approved paying the annual ® dues•of $2171.45 to renew the City's membership in the Palm Beach County as Municipalm League for another year. The money is to be taken from the w� CITY COUNCIL REGaLAR MEETING, 12/1/88 PAGE 3 Cou,�zil Contingency Account. Mayor Feeney voted nay, stating he did not agree with the structure of this organization; and Councilman Aldred voted nay for the same reason as Mayor Feeney. EXECUTION OF AGREEMENT -FIRE RESCUE MSTU #Z, Per a unanimous vote of the City Council, the Mayer was approved to exe- cute the Agreement, providing for Palm Beach County, through its Fire - Rescue MSTU #2, to provide fire protection, fire rescue, advanced life support or similar service to that area known as "Steeplechase ", until September 30, 1990. Vice Mayor Martino stated it was his opinion that while this Agreement helps in providing for a smooth transition, he feels the City of Palm Scach Gardens Fire Department is capable of providing this service imme- diately. CONDEMNATION OF R -O -W ON NORTH SIDE OF PGA BOULEVARD The City Manager recommended the City Council approve condemnation of the right -of -way on the north side of PGA Boulevard, between U.S. Highway #1 and Ellison Wilson Road, since negotiations have broken down through the process. Condemnation will be paid for by the Financial Center as part of the DOT requirements and would improve the intersection of Ellison Wilson Road and PGA Boulevard. The condemnation would also improve the flow of traffic and the alignment of the Intercoastal Bridge. In response to Councilman Kiselewski, the City Manager explained the DOT will go through the condemnation with the City, however, the City must initiate the con- demnation. Councilman Kiselewski expressed his concern that the necessity of condemning the right -of -way on the north side of PGA Boulevard was necessary for the Financial Center to work, was not expressed at the time CITY COUNCIL REGULAR MEETING, 12!1/88 LJ PAGE 4 of aNprovai Tor the project. Vice Mayor Martino disagreed, stating that I he effort that the DOT is going through would have been necessary even if the Financial Center was not going in across the street. Per a vote of 4 ayes and 1 nay, the City Qouncil approved the City Attorney and the City Administration to proceed with the necessary steps to allow the Department of Transportation to permit the corridor between U.S. highway #1 and Ellison Wilson Road on PGA Boulevard. Councilman Kiselewski cast the nay vote, for reasons stated above. LARRETT LAWSUIT Per a unanimous vote of the City Council approval was given to the Attorneys in the lawsuit filed by former police officer Ray LaRrett, to make a settlement offer of $100,000 to the plaintiffs. REPORTS ONCILMAN KISELEWSKI Councilman Kiselewski stated the North County Commissioner has reportedly had secretive meetings with various people to try to cut deals for other sites for the Solid Waste Authority facility in the north county. Councilman Kiselewski stated that if the site is changed from what has been selected, people in the north end of the County will have to pay more money to have the trash from the south end of the County hauled to the new site. Councilman Kiselewski felt people in the north end of the County should be upset with any proposed changes. Councilman Kiselewski suggested the municipalities located in the north end of the County let the Commissioner know that they do not want to forget about the plant in the south end of the County. The City Council requested a resolution be drafted for their approval objecting to the facility being relocated. ® Councilman Kiselewski stated he received the nomination to be reappointed a� to the Solid Waste Authority. CITY COUNCIL REGULAR MEETING, 1211/88 PAGE 5 0C MAYOR MARTINO Vice ;,ayor Martino reported on the Planning and Zoning Commission, minutes of which are on file in the City Clerk's Office. Vice Mayor Martino com- mended the Planning and Zoning Commission for the fine job they have been doing on the NorthCGrp project, and felt that having Richard Walton on board will strengthen that area of planning. COUNCILMAN ALDRED Councilm ?n Aldred reported on the Comprehensive Land Use Plan Committee meeting on Tuesday, minutes of which are on file in the City Clerk's Office. Councilman Aldred stated the City Council would need to have some Saturday meetings in January, February or March to review the proposed revisions to the Comprehensive Land Use Plan. ITEMS BY THE MAYOR AND COUNCIL Aft NCILWOMAN MONROE Councilwoman Monroe stated she had heard that the purchase of the JDM Country Club area by the Hansen Group excluded a 10 acre parcel at the Intersection of Military Trail and Gardenia, and expressed her objections. COUNCILMAN ALDRED Councilman Aldred stated he would like the City to approach the County to create a MSTU for all unincorporated lands lying south of Donald Ross Road, to the Intercoastal, to PGA r0oulevard on the south and west to the Turnpike; stating he felt this would calm the objections that the County would have to future annexations in this area. Councilman Aldred felt this should be done quickly and made a part of the City's Comprehensive Land Use Plan. The City Manager was requested to research this and report back to the City Council. VICE MAYOR MARTINO Vice Mayor Martino stated that the Waterway Cafe is on the the agenda for Site Plan Review this Tuesday for approval of the barge. The City Council requested the City Attorney be present at this meeting. CITY COUNCIL REGULAR MEETING, 12/1/88 PAGE 6 Vice Mayor Martino requested the City Council instruct the City manager to pursue lightirq the two remaining ballfields at the Gardens Park recreational complex; stating the cost to light the two would be approxi- mately $85,000 - $90,000. The City Council unanimously agreed that the City Manager should go out for bid on the tights and requested a represen- tative and the Director of Recreation and Pars attend a meeting to justif,, the need for the lights. Vice Mayor Martino stated the City Council has seen the presentation from the Recreation Advisory Board and the Director of Recreation and Parks re: expansion of Community Center and requested the City Council authorize funding for architecurai renderings, etc. The City Council requested the City Manager to research and recommend to the City Council how they should proceed with the space problems for all departments. COUNCILMAN KISELEWSKI Councilman Kiselewski stated the Town of Lake Park invited the City Council to ride in the Christmas in Dixie Parade. Mayor Feeney, Vice Mayor Martino and Councilman Kiselewski will ride in the parade. Referencing the General Election, Councilman Kiselewski stated the Impact Fee referendum and the Health Care referendum did not pass in Palm Beach Gardens, but passed in the County, The Traffic Performance Standard referendum did pass in Palm Beach Gardens as well as the County, and Councilman Kiselewski expressed his concern re: language used in the ballot being questionable. The City Attorney stated that the City of Boca Raton has already filed a lawsuit on the Traffic Performance Standard Issue. Am DR FEENEY Mayor Feeney, on behalf of the Council and residents, corgratnlated Doug CITY COUNCIL REGULAR MEETING, 12/1/88 PAGE 7 H000, Director of Recreation and Parks, on the excellent job done by his staff on the Holiday Spirit Parade. COMMENTS FROM THE PUBLIC ED GUBISHAN '.Mr. Ed Gubishan, resident of Plat 4, addressed the City Council. expressing his concerns, including train whistles and speeding on Elm Avenue. RESOLUTIONS RESOLUTION „100,1968 Mayor Feeney declared the Public Hearing open, which was recessed from the Regular Meeting of 11/17/88, and duly advertised 1112188; and held on the intent of Resolution 100, 1988, a variance to the distance requirement of 750' between alcoholic beverage vendors, providing for the sale /service of beer and wine for on- and off - premise consumption at "LeBistro Garden ", proposed to be located in Space # L221, within the Food Court, of "The Gardens" shopping mall, 3101 PGA Boulevard. Per the request of the peti- tioner, Resolution 100, 1988, was recessed until the City Council's Regular Meeting of December 15, 1988, at 8:00 P.M. F.-SOLUTION 101,1988 Mayor Feeney declared the Public Hearing open, which was recessed from the Regular :eeting of 11/17/88, and duly advertised 11/2188; and held on the intent of Resolution 101, 1988, amending the 100.2 -acre "The Gardens” regional shopping mall PUD (created 11/15184 via Resolution 62, 1984, and amended 5 /15/86 via Resolution 21, 1986) providing for the sate /service of beer and wine, for on- premise consumption at "LeBistro Garden ", proposed to be a food court tenant (Section L, located at the upper level of the mall) in Space # L221 of "The Gardens" shopping mall, 3101 FGA Boulevard. Per the request of the petitioner, Resolution 101, 1988, was recessed until the City Council's Regular Meeting of December 15, 1988, at 8:00 P.M. CITY COUNCIL REGULAR MEETING, 1211188 PAGE 8 INANCES ORDINANCE 45,1988 'Mayor Feeney declares the Public Hearing open, which was duly advertised 10112/88, and recessed from the Regular Meetings of 10/21/88 and 11/3/88; and held on the intent of Ordinance 45, 1488, adopting a Traffic Performance Standards Code of the City. There being no comments from the public, Mayor Feeney declares the Hearing closed. Per a unanimous vote of the City Council, the City Clerk read, by title only, on second and final reading, Ordinance 45, 1988. Mayor Feeney stated it is the Council's intention to go forward, within the next month, with modifications to this Ordinance as information becomes available, and as the Council's deems necessary. The City Council will hold a Special Workshop Meeting to discuss modifications. Ordinance 45, 1988, was unanimously adopted by the City Council. .JINANCE 43,1988 Mayor Feeney declared the Public Hearing open, which was advertised 11116/88 and held on the intent of Ordinance 48, 1988, amending .71 -acre "Garden Trail" multi - family PUD created 4114/88 by Ordinance 16, 1988, n the west side of Military Trail, between Lilac Street and Holly Drive, providing for single -car garages and fee simple title townhouse (in lieu of condominium) ownership. There being no comments from the public, Mayor Feeney declared the Public Hearing closed. Per a unanimous vote of the City Council, the City Clerk read, by title only, on second and final readinC, Ordinance 48, 1988. Ordinance 48, 1988, was unanimously adopted by the City Council. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 10:25 P.M. El