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HomeMy WebLinkAboutMinutes Council 060790CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS JUNE 7, 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 City Clerk called the roll, and present were Mayor Martino, Vice Mayor Aldred, Councilwoman Monroe, Councilman Ki5elewski and Councilman Russo. ANNOUNCEMENTS Mayor Martino announced there would be a meeting of the Planning and Zoning Commission on Tuesday, 6/12/90 at 7:30 P.M. In the Council Room and a meeting of the Beautification and Environmental Committee on Wednesday, 6/13/90 at 7:30 P.M. at the Community Center. PROCLAMATIONS Mayor Martino read a proclamation proclaiming June 14, 1990 as "Flag Day ". toCouncilwoman Monroe read a proclamation proclaiming June 9, 1990 as "Palm Beach Gardens Community High School Day ". Mayor Martino presented the "Palm Beach Gardens Community High School Day" proclamation to Philip Roth, who accepted on behalf of Principal Margaret Walton and the staff and students of Palm Beach Gardens High School. Mayor Martino complimented Jay Radar, Athletic Director of Palm Beach Gardens Community High School, on the programs developed over the years at the school, RESOLUTIONS RESOLUTION 83, 1990 Vice Mayor Aldred read Resolution 83, 1990, in full, commending Kelley Hermann and Coaching Staff of the Palm Beach Gardens Community High School as Boys 130 pound Wrestling State Champion. Councilman Kiseiewski made a motion to adopt Resolution 83, 1990, seconded by Vice Mayor Aldred. The motion was unanimously approved by the City Council. CITY COUNCIL REGULAR MEETING, 617190 PAGE TWO awh E SOLUTION 82, 1990 Vice Mayor Aldred reae4 Resolution p2, 1990, in full, commending Julie Brand and Coaching Staff of the Palm Beach Gardens Community High School as the 1990 Girls State Golf Champion. Councilman Kiselewski made a motion to adopt Resolution 82, 1990, seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. RESOLUTION 81, 1990 Vice Mayor Aldred read Resolution 81, 1990, in full, commending the team members and coaching staff of the Palm Beach Gardens Community High School Girls Softball Team as Class AAA.A 1990 Florida State High School Champion. Councilman Kiselewski made a motion to adopt Resolution 81, 1990, seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. ITEMS BY THE CITY MANAGER O.YDE-BEATTY CIRCUS Ed Mitchell, Assistant to the City Manager, stated the City has received a request from the Northern Palm Beaches Chamber of Commerce for permission to allow the Clyde - Beatty Circus to appear at the Gardens Mall during the Thanksgiving holidays. Beverly Pope, Chamber of Commerce, addressed the City Council, stating she received a letter from Mr. Haysmer, General Manager of The Gardens shopping mall, expressing no concern with the Cly.ie- Beatty Circus being held over the Thanksgiving holidays. The Gardens Mall has given per- mission for the circus to perform on the property west of the mall. Councilman Kiselewski made a motion to allow the Northern Palm Beaches Chamber of Commerce to sponsor the Clyde- Beatty Circus on the property immediately west of the Gardens Mall, seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. E CITY COUNCIL REGULAR MEETING, 617/90 SPACE ALLOCATION PAGE THREE STUDY Mr. Mitchell stated copies of the Spillas Candela & Partners Space Allocation Study was provided to the members of the Council this evening. ITEMS AND REPORTS BY THE MAYOR AND COUNCIL MAYOR MARTINO Mayor Martino stated he has attended several meetings this past week, including a meeting of the Traffic Performance Standards Committee. COUNCILMAN RUSSO Councilman Russo stated a letter has been received from the Boys and Girls Club of Palm Beach County to request permission from the City to hold a street party on June 23, 1990 at the Promenade. Councilman Kiselewski made a motion to authorize the Boys and Girls Club of Palm Beach County to hold the street party on June 23, 1990, as requested; seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. Councilman Russo stated the next meeting of the Recreation Advisory Board will be held in July and there had been discussion regarding the possibi- lity of the City Council attending the meeting to discuss the non - resident Issue and the participation in the programs. Mayor Martino suggested huldli19 the ?olnt City CounclIlR @creation Advi5ur_/ Board meeting on July 10, 1990. and directed Douglas Hood to advise the Recreation Board mem- bers of the meeting . Councilman Russo stated he has been working on the issue of the Emergency Medical Service /Inter -City and has met with Mr. Ensinger, Fire Chief and Inter -City. Councilman Russo stated after meeting with Inter -City and reviewing statistics and reports, he discovered the response time in the City is lower than the response time in the County. Councilman Russo ij J CITY COUNCIL REGULAR MEETING, 6/7/90 W COUNCILWOMAN MONROE COUNCILMAN KISELEWSKI ICJ COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA RUSTY HIBBARD E PAGE FOUR statza he is confic,ent i4e citizens of the City are getting the protection they deserve. In response to Councilwoman Monroe, Ed Mitchell stated they had been in touch with the School Board re: schedule of tennis court lights and the public is now able to use these courts. Councilman Kiselewski reported attending a budget workshop of the Solid Waste Authority last week. Councilman Kiselewski stated he made a request approximately 6 months ago re: RCA sign and again requested staff research why the sign is still there. Councilman Kiselewski questioned why some shopping centers within the City could maintain their trees and others could not. Councilman Kiselewski stated the trees at the Promenade are falling into the water and the trees at Loehmans Plaza are dead. Councilman Kiselewski requested the Code Enforcement Department look into this matter. Councilman Kiselewski stated when the Marriott Hotel was presented to the Council. it was presented as a business hotel for the community, and questioned how a nightclub was allowed to be included. In response to Councilman Kiselewski's question. Mayor Martino directed Administration and the City Attorney to provide the Council with a report. Rusty Hibbard, Arbor Way, addressed the City Council re: concerns over the CITY COUNCIL REGULAR MEETING, 6/7/90 db PAGE FIVE closing of Haverhill ""d and requested the City Council consider retracting their approval of same. PUBLIC HEARING RESOLUTION 84, 1990 Mayor Martino declared the Public Hearing open, which was duly advertised 5/23/90, and held on the intent of Resolution 84, 1990, granting a con- ditional use in the CG -1 General Commercial District for the retail sale /service of alcoholic beverages, including liquor, beer and wine, for on- premise consumption at "The Snuggery ", 2556 PGA Boulevard, within "PGA Plaza ", Florida; and, prohibiting live entertainment and /or music. There being no comments from the public, Mayor Martino declared the Public Hearing closed. Councilman Kiselewski made a motion to adopt Resolution 84, 1990, seconded by Councilman Russo. The motion was unanimously approved by the City Council. CONSENT AGENDA The following items were requested to be removed from the Consent Agenda: 1. Approval of minutes of Regular Meeting of 5/17190. 6. Resolution 78, 1990 - Adoption of recommendations of the Merit System Board. 7. Resolution 79, 1990 - Amendment to Fairway Office Center PUD. Councilman Kiselewski made a motion to approve items 2, 3, 4, 5, and 8 on the Consent Agenda, seconded by Vice Mayor Aldred. The motion was approved unanimously by the City Council, with Councilman Russo abstaining from item #5, due to the fact he is the Chief Financial Officer of Sabatello Development Company. The following items were approved and adopt.ci by the City Council: ® 2. Approval of minutes of Workshop Meeting of 5 124190. CITY COUNCIL REGULAR MEETING, 6/7/90 PAGE SIX [1r 3. Approval of $3.00^ for renewal of membership to Loxahatchee Council of Governments, with funds to be taken from Council Contingency. 4. Resolution 76, 1990 - Final Landscape Plans for Lake Catherine PUD. 5. Resolution 77, 1990 - Amendment to Hidden Hollow PUD, by amending the setbacks. 8. Resolution 80, 1990 - Amendment to PGA National Eagleton Cove PUD (Tract M -31A). ITEM 1. MINUTES OF REGULAR MEETING OF 5/17/90 The Council directed the City Clerk to amend the Minutes of the Regular Meeting of 5/17/90 as follows: on page 6, second paragraph, add a sen- tence stating "The motion was approved." Councilwoman Monroe made a motion to approve the Minutes of the Regular Meeting of 5/17/90, as amended; seconded by Councilman Russo. The motion was unanimously approved by the City Council. ITEM 2. RESOLUTION 78, 1990 Councilwoman Monroe stated she felt that on Exhibit "A ", Section XVII, Tuition and Training Reimbursement, paragraph three, the number of courses allowed per fiscal year should be changed from 2 to 3 or, in the alter- native, allow a set amount of funds to be used in the fiscal year. Councilwoman Monroe felt if the financial impact was such that the City Manager felt uncomfortable, she would prefer not voting on this resolution until he was present. Mayor Martino suggested allowing 1 course per semester. Councilman Russo stated he would like to Know the feelings of the Merit System Board before a vote was taken. Mayor Martino rescheduled Resoltuion 78, 1990 for the Regular Meeting of 6/21/90. CITY COUNCIL REGULAR MEETING, 617/90 PAGE SEVEN TION 79, 1990 Councilman Kiselewski made a motion to approve Resolution 79, 1990, amend- ment to Fairway Office Center PUD, by adding canopies over certain parking spaces; seconded by Councilman Russo. Resolution 79, 1990 was approved by the City Council with a vote of 3 ayes and 2 nays. The nay votes were cast by Vice Mayor Aldred and Councilwoman Monroe. ORDINANCES ORDINANCE 14, 1990 Vice Mayor Aldred made a motion to place Ordinance 14, 1990 on first reading by title only; seconded by Councilman Kiselewski. Per a unanimous vote of the City Council, the City Clerk read, by title only. Ordinance 14, 1990, on first reading, repealing Article II, Policemen's Retirement Trust Funo of Chapter 19 of the Palm Beach Gardens Code, and adoption of a new Article II in replacement thereof. ,aDINANCE 15, 1990 Vice Mayor Aldred made a motion to place Ordinance 15, 1990, on fir— reading by title only; seconded by Councilman Kiselewski. Per a unanimous vote of the City Council, the City Clerk read, by title only, Ordinance 15, 1990, on first reading, repealing Article III, Firemen's Retirement Trust Fund, of Chapter 19 of the Palm Beach Gardens Code, and adoption of new Article III in replacement thereof. ITEMS FOR ©m6L lm BRIGER ANNEXATION Bristol Ellington, Planning and Zoning Department, addressed the City Council re: annexation of approximately 706.548 acres located between Donald Ross Road and Hood Road, east and west of I -95, within Sections 26 and 35, Township 415, Range 43E. Mr. Ellington stated the zoning is currently AR- Agricultural /Residential and a land use of medium residen- tial 5, in part and CL /5• Commercial Low Intensity, in part. Mr. ® Ellington stated there are some pockets of land which are not included in CITY COUNCIL REGULAR MEETING, 617/90 0 PAGE EIGHT thI s annexation, particularly Westwood Gardens located south of Hood Road and a small tract located east of Interstate 95 and north of Hood Road. Mr. Ellington stated he understands the County has agreed to allow annexa- tions to occur if the City enters into an Interlocal Agreement that indi- cates the City would progressively pursue annexations of all enclaves and pockets. Attorney Brant stated the Interlocal Agreement is similar to 2 previous Agreements with Palm Beach County re: fire service, however, he has also included that the City would actively pursue annexation of any pockets and /or enclaves. Attorney Brant felt that if the Council proceeds with annexation of the Briger property they would need to enter into an Interlocal Agreement with Aft Palm Beach County. Mr. Ellington stated approximately 90% of the land is deemed environmen- tally sensitive to the east of I -95. Approximately 95% of the property to the west of I -95 is deemed environmentally sensitive. Mark Hendrickson, City forester, has indicated that at the point developement occurs, the petitioner would have to adhere to the Palm Beach Gardens Environmentally Sensitive Land Ordinance which was adopted May 3, 1990. Mr. Ellington stated at the initial department review committee meeting, Agustin Hernandez of the Palm Beach County School Board, attended and indicated this area is considered within the neutral zone, and would be an appropriate site for a school. Mr. Ellington stated at the May 22, 1990 meeting, the Planning and Zoning Commission unanimously recommended approval of this petition with the con - cern the Council take consideration of the designation of the commercial CITY COUNCIL REGULAR MEETING, 6/7/90 0 PAGE NINE sits at the southeast coiner of Donald Ross Road and I -95, to determine if it should be expanded to be viable or completely eliminated. Mr. Ellington stated the petitioner is requesting current County zoning until such time an application is submitted. Alan Ciklin, attorney for petitioner, addressed the City Council and stated his client would prefer to be annexed into the City as soon as possible. Mr. Ciklin stated his client would pay for any legal expenses Incurred should the County sue the City over this annexation. Vice Mayor Aldred suggested the City Council forget the Interlocal Agreement and include in the annexation ordinance a date certain for the election of the enclave /pocket. The ordinance should also state the peti- tioner would reimburse the City for any legal expenses as well as indem- nification. Attorney Ciklin stated he felt there would be no problem with that issue. Vice Mayor Aldred made a motion for the City of Palm Beach Gardens to proceed with the preparation of the annexation ordinance with two elements being included in the ordinance 1) the setting of a date for an annexation vote by the residents of Westwood Gardens, all properties being in an "enclave" and the citizens of Palm Beach Gardens and 2) the indem- nification issue as raised by Mr. Ciklin with respect to legal fees; seconeid by Councilwoman Monroe. The motion was defeated by a vote of 2 ayes and 3 nays. The nay votes were cast by Councilwoman Monroe, Councilman Kiselewski and Councilman Russo who felt the election should be held before the annexation of the Briger property. Councilman Kiselewski stated he would like for Attorney Brant to see if • there is a way for this annexation to be held at the primary election in September. Councilwoman Monroe and Councilman Russo would like to see CITY COUNCIL REGULAR MEETING, 617190 0 PAGE TEN w`•sc shape is in and what potential problems would be inherited if this property was annexed. The Council requested more material from the Petitioner, i.e. current letter from County Planning staff concerning the annexation request /petition re: their thoughts or comments, status of Westwood Gardens from Building Official and Code Enforcement, and for the Planning Department to speak with the County's Planning Department. BALLENISLES CLUBHOUSE PUD Bristol Ellington, Planning and Zoning Department, addressed the City Council re: demolition of the existing clubhouse and the new construction of the Ballenlsies clubhouse, tennis center and fitness center consisting of approximately 106,000 square feet. Mr. Ellington stated staff raised ® concerns over the two - directional traffic circle. The Planning and Zoning Commission unanimously recommended approval of this petition with the following four conditions: 1) the traffic circle be one direction; 2) the 3 handicapped spaces located at the extremities of the 016 cars" parking lot be moved as near as possible to the main entrance of the Fi +-aess Center; .i) No commercial uses such as a store, cleaners, day care or the other uses previously proposed as part of the concierge' service shall be allowed without an amendment to the PCD; and 4) Any proposal for amendment to the uses or design of this site will be subject to full review and possible modification, subject to procedures and policies in place at the time of the proposal. CITY COUNCIL REGULAR MEETING, 617190 Ask PAGE ELEVEN — wank Skokowski Urban Design Studio addressed the City Council and briefly review the proposed plans for the clubhouse. Mr. Skokowski stated the Petitoner agreed with the conditions recommended by the Planning and Toning Commission except conditon #2 re: handicap parking. Mr. Skokowski stated the parking spaces are 9' x 18' and the handicapped spaces are standard 12' x 201. The Council expressed no concern over the Petitioner's location of the handicap parking spaces. Mr. Ken Blair, Hansen Properties, addressed the City Council and updated the Council on the construction activity within the JOM PCD. Attorney Brant was directed to prepare a Resolution for consideration of approval at the Regular 6eeting of 6/21/90. BLIC SAFETY EMENT This issue was rescheduled for the Regular Meeting of 6/21/90. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 10:55 P.M. APPROVAL —� MAYOR MARTINO COUNCILWOMAN MONROE VICE MAYOR ALDREO COUNCILMA KlitLEWSKI A; / CCOuwl kMAN 'RUSSO 1 C-rNOA , KOSIER, CITY CLERK FORM 88 11 �EMORANDUhPI�OF VOTING OONFLICI FOO COUNTY; MUNICIPAL, AND OTHER LOCAL PUPLIC OFFICERS 1 AtiT NAME —FIRST NAMI -- 14110111 f NAME NAME OF !K)ARD. COUNCIL, CON(missioN, Au"clitITY, cm coritwl tc RUSSO, JOSEPH R. !AILIN(; At)URLSS 1 HL WARD. COUNCIL. COMMISSION. AUrHORITY, OR COMMITTEE ON B SHELDRAKE LANE WHICH VERVE IS A UNIT OF, i I Y COUNTY arHEk I ot'At AGENCY PALM BEACH GARDENS, FLOR10A PALM BEACH NAKILO• PUtITrCAI SUBDIVISION IlAlE C?N wHlrlt wI11 o(( uxxta CITY Or PALM REACH GARDENS my YUSI f ION 11 . ` l 1 F 1 �L> iZ loll ANPniNT1vE 4 WHO MUST FILE FORM 98 This form is for uae by any person serving at the county, city, or other local level of government on an,appointed or elected board, council, commission, authority, or conifrimee It applies equally to memhcrs of advisory and non - advisory bodies who are presented with a voting conflict of iniere:, under Sect itin 112,3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law %hen faced with a ineasure in which you !lave a conflict of interest will vary greatly depending on whether you hold an elective or appointive position For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1113.3143, FLORIDA STATUTES ELECTED OFFICERS. A person holding elecli%e county, municipal, or other local public offlkx "VI UST ABSTAIN from voting on a measure which inures 10 his sp<cial private gain, Each local uffi4er also is prohibited from knowingly soling on a measure which inures to the special gain of a principal (other than a government agency) by %hom he is retained In either Ldse, you should disclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on %hich you are abstaining from voting, and WITHIN 15 DAYS AFTER THE VOTE OCCURS by complciing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, rriuniclpai, 01 other local public office MUST ABSTAIN from voting on a measure %hick inures to his special private gain Fach local oflicvr also is prohibited from kno %ingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained A person holding an appointive local office otherwise may pdrticlpalc in a matter in "hick he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, Ahether made b} the officer or at his direction IF YOU INTEND TO MAKE ANY ATTEMPT To INFI UENC F THE DECISION PRIOR 10 THE MEETING A; WHICH THE VOTE WILL BE TAKEN • You should compictc and file this form (before making any attempi to Influence the decision} with the person responsible for 0 recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. 1 riltm KH 111 MA PAGE F= ,a IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure bcfore participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. E DISCLOSURE OF LOCAL OFFICER' INTEREST I, Jos„eph� -R. �u�s2_. � _�. , hereby disclose that on (a) A measure came or will come Wore my agency which (check one) - -- inured to my special private gain; or .,x inured to the special gain of Sabatel io Companie (b) The measure before my agency and the nature of my inietesi in the measure is as follows. Chief Financial Officer at company. 7 Ap Date Filed Signature , by whom I am retained. NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §112,317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED 13Y ONE OR MORE OF THE FOLLOWING. IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE Ok EMPLOYMENT, DEMOTION;, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO E=XCEED $5,004. L FORM tla 10 0 PACE