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HomeMy WebLinkAboutMinutes Council 050390REGULAR MEETING CITY COUNCIL CITY OF PALM BEACH GARDENS MAY 3, 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 Citu Clerk 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. ANNOUNCEMENT'S Mayor Martino announced there would be a meeting of the Planning and Zoning Commission on Tuesday, 5/8/90 at 7:30 P.M. in the Council Chambers; the Merit System Board on Tuesday, 5/8/90 at 7:30 P.M. in the Finance Am Department; the Beautification and Environmental Committee on Wednesday, 1p 519/90, at 7:30 P.M. at the Community Center; and the Zoning Board of Appeals on Wednesday, 5/9/90 aF 7:30 P.M. in the Council Chambers. PROCLAMATIONS Mayor Martino read a proclamation proclaiming May 7, 1990, as "Nurses' Dav ". CONSENT CALENDAR Per a unanimous vote of the City Council the following items on the con- sent calendar were unanimously approved and adopted: 1. Approval of Minutes of Regular Meeting of 4/19/90 2. Approval of Minutes of Workshop Meeting of 4/26/90 3. Resolution 61, 1990 - Authorizing the Mayor and City Clerk to exe- cute on behalf of the City, an Easement Deed for the Anchorage Drive rorcemain Easement. 4. Resolution 62, 1990 - Authorizing the Mayor and City Clerk to exe- cute an Interlocal Agreement between the City of Palm Beach Gardens wed Solid Waste Authority of Palm Beach County for Municipal Recycling. 0 CITY COUNCIL REGULAR MEETING, 5/3190 0 5. Resolution 63, 1990 - 6. Resolution 65, 1990 - 7. Resolution 66, 1990 - 8. Resolution 68, 1990 - 9. Resolution 69, 1990 - PAGE 2 Approval of the Plat of Siena Oaks, approved 11/16/89, by Ordinance 36, 1989. Approval re: access to Public Golf Course. Approval of RePlat of Tract P -4, Plat One of Hansen -JDM, "Windward Cove", created 8/3/89 by Resolution 61, 1989. Opposing the proposed 2% sales tax on meals In restaurants which serve alcoholic bevera- ges to fund a Convention Center Authority In Palm Beach County. Urging expedited construction of crossing gates at the CSX Crossing at Northlake Boulevard and the Beeline Highway. ITEMS BY THE CITY MANAGER PALM BEACH CATHEDRAL Per the recommendation of the City Manager, the City Council unanimously approved a temporary permit to the Palm Beach Cathedral to hold a flower sale on the corner of Roan Lane and Northlake Boulevard, and to allow the use of one sign. HOOD ROAD ALIGNMENT The City Manager informed the City Council that the hearing date for Palm Beach County Board of County Commissioners to discuss the Hood Road align- ment has been changed to Wednesday, May 30, 1990, from 6:00 - 7:00 P.M. at the North County Courthouse. The City Council will workshop which option they will support at their Workshop Meeting of 5 /10/90 and make a formal recommendation at their Regular Meeting of 5/17/90. REPORTS BY MAYOR AND CITY COUNCIL MAYOR MARTINO Mayor Martino reported on results of a study that was completed re: traf- E CITY COUNCIL REGULAR MEETING, 5/3/90 W PAGE 3 0 fic counts in Palm Beach County, emphasizing the need for more efficient alternatives for counting traffic. Mayor Martino stated he will keep the Council informed as to decisions made re: the Traffic Performance Standards. COUNCILMAN RUSSO Councilman Russo expressed his concern with the status of education in the State ^f Florida. Councilman Russo reported he attended the Recreation Advisory Board on Tuesday, 511/90. The Board would like to meet with the City Council to discuss Vice Mayor Aldred's letter re: non - resident participation. 'The City Council will meet with the Board at the May 24, 1990 Workshop Meeting. Councilman Russo stated he would not be able to attend the next Beautification and Envornmental Committee meeting as he would be out -of- town, and requested another Council member take his place if possible. ITEMS BY THE MAYOR AND CITY COUNCIL MAYOR MARTINO Mayor Martino stated he would like to see "Items by the Mayor and City Council" taken off the agenda, however, it was the concensus of the City Council to Dave this section on the agenda. Councilman Russo requested "Comments From the Public" appear on the agenda before the the Consent Agenda to give the public an opportunity to address any concerns they may have with items on the consent agenda. COUNCILWOMAN MONROE Councilwoman Monroe stated the County approved the golf course with a 0 CITY COUNCIL REGULAR MEETING, 5/3/90 PAGE 4 number of conditions, and requested City staff review the conditions. COMMENTS FROM THE PUBLIC SAM CARSILLO Mr. Sam Carsitio, resident of Palm Beach Gardens, addressed the City Council with several concerns, including the closing of Haverhill Road, tractor trailers on Military Trail and the water line. PUBLIC HEARINGS RESOLUTION 60,1990 Mayor Martino declared the Public Hearing open, which was duly advertised and held on the intent of Resolution 60, 1990, approval of development plans for four -acre out - parcel within the Oaks PUD, approved 11/16/89 by Ordinance 31, 1989. There being no comments from the public, Mayor Martino declared the Public Hearing closed. Councilwoman Monroe requested the conditions be numbered instead of using letters. Per a concensus of the City Council the City Clerk read, by title only, Resolution 60, 1990. Per a unanimous vote of the City Council, Resolution 60, 1990, was adopted. ORDINANCE 4,1990 After a brief discussion, the following amendments were made to Ordinance 4, 1990: Section 150.03 (d) after the word "if" add "expert determination" and delete "nurtured "; Section 150.04 (b), third line, after "or" add "likely to support "; Section 160.05 (a), second Tine, strike "3 years ", fourth line, after "hereof" add "che City of Palm Beach Gardens" and strike the word "been "; add paragraph (d) that reads as follows: "Any applicant desiring an exemption from this section based on ® permanent site plans, master plans or DRI previously approved by the CITY COUNCIL REGULAR MEETING, 5/3/90 PAGE 5 County or any other jurisdiction (i.e. annexed properties) may make an application similiar to above, however these requests will be reviewed by the Department and recommendation will be forwarded to the City Council for final decision." Section 150.07 (b5) add at the end "and or Ilkley to contain these species ", paragraph (b), first line, change the word "can" to "shall ", Section 160.08 (b), (3), change "man- made" to "man - altered ", paragraph (4), strike "as part of the PCD or PUD process" and before "deems" add "if ", Section 160.10 (d) change "department" to "City Council" and change to "list of species" instead of "plant species ", fifth line, strike "of the same size" and after the word "tree" add 113 times ", paragraph (e) second line, strike "the next above paragraph ", and add "paragraph (d) ". Mayor Martino declared the Public Hearing open, which was duly advertised 4118/90 and held on the intent of Ordinance 4, 1990, creating and adopting Chapter 160 of Title XV, Land Usage of the Palm Beach Gardens Code. Jane Scheer, 4343 Daffodil, Circle, Palm Beach Gardens, addressed the City Council with comments for Sections 160.04, 160.06 and 150.08. Lynn Huber, 43(`, Hickory Drive, Palm Beach Gardens, addressed the City Council with concerns regarding some areas of the City which are not covered in Ordinance 4, 1990. Zola Hartman, Dogwood Avenue, Palm Beach Gardens, addressed the City Council with comments on Section 160.04, requesting Pine Flatwoods be added to the list. There being no further comments from the public, Mayor Martino declared the Public Hearing Closed. Per a vote of 3 ayes and 1 nay of the City Council, the City Clerk read, by title only, on second and final reading, Ordinance 4. 1990, referencing amendments. CITY COUNCIL REGULAR MEETING, 5/3190 PAGE 6 0 Vice Mayor Aldred made a motion for the adoption of Ordinance 4, 1990, seconded by Councilman Russo. Ordinance 4, 1990 was approved and adopted by 3 ayes and 1 nay vote. Councilwoman Monroe cast the nay vote as she felt not all changes made are in the best interest of the City and there are no provisions to take care of the pine flatwoods. ORDINANCE 5,1990 Per the recommendation of the City Manager, Ordinance 5, 1990 was amended as follows: Page 2, Section 118 -3 (a), second paragraph, add the word "initial between "Every" and "application ". Create a new Section 2. to read as follows: "A franchise is currently in existence for cable televi- sion service, which is held by Adelphia Cable Communications, Inc., and does not expire until October 23, 1997. Three (3) years from date hereof said Franchisee shall begin making payments of fees under this Ordinance and shall be subject to the requirements of this Code from effective date, except for the required payment of fees during the above - mentioned three (3) year period. Said Franchisee shall file with the City Manager written acceptance of these terms and conditions contained in this Section." All remaining Sections should be renumbered. Mayor Martino declared the Public Hearing open, which was duly advertised 4/16/90 and held on the ihte0t bf Ordinance 5, 1990, amendinn ttre Palm Beach Gardens Code by creating and adooting Chapter 118 as the Cable Television Code. There being no comments from the public, Mayor Martino declared the Public Hearing closed. Per a vote of 4 ayes of the City Council the City Clerk read, by title only, on second and final reading, Ordinance 5, 1990. Vice Mayor Aldred made a motion for the adoption of Ordinance 5, 1990, seconded by Councilman Russo. Ordinance 5, 1990, was unanimously adopted by the City Council. CITY COUNCIL REGULAR MEETING, 5/3/90 PAGE 7 0 ORDINANCE 6,1990 Mayor Martino declared the Public Nearing open, which was duly advertised 4/18/90 and held on the intent of Ordinance 6, 1990, declaring that all property lying within the municipal boundaries of the City of Palm Beach Gardens are to receive central water and sewer service from Seacoast Utilities. There being no comments from the public, Mayor Martino declared the Public Hearing closed. Per a vote of 4 ayes of the City Council the City Clerk read, by title only, on second and final reading, Ordinance 6, 1990. Vice Mayor Aldred made a motion for the adoption of Ordinance 6, 1990, seconded by Councilwoman Monroe. Ordinance 6, 1990, was unanimously adopted by the City Council. ORDINANCE 7, 1990 Mayor Martino declared the Public Hearing open, which was duly advertised 4/18/90 and held on the intent of Ordinance 7, 1990, amending Ordinance 25, 1989, same being the Budget Ordinance of the City of Palm Beach Gardens for the Fiscal Year beginning 10/1/90 and ending 9/30/90, inclu- sive. There being no comments from the public, Mayor Martino declared the Public Hearing closed. Per a vote of 4 ayes of the City Council, the City Clerk read, by title only, on second and final reading, Ordinance 7, 1990. Councilwoman Monroe made a motion to adopt Ordinance 7, 1990, seconded by Vicc Mayor Aldred. Ordinance 7, 1990 was unanimously adopted by the City Council. RESOLUTIONS RESOLUTION 67,1990 Per a concensus of the City Council the City Clerk read, by title only, Resolution 67, 1990, execution of a contract, providing for the employment of a Tennis Professional, effective June 1, 1990. CITY COUNCIL REGULAR MEETING, 5/3/90 PAGE 8 Vice Mayor Aldred made a motion for the adoption of Resolution 67, 1990, seconded by Councilwoman Monroe. Resolution 67, 1990, was unanimously adopted by the City Council. ORDINANCES ORDINANCE 10,1990 Per a unanimous vote of the City Council the City Clerk read, by title only, on first reading, Ordinance 10, 1990, amending the Hidden Hollow PUD created 12/3/87 by Ordinance 16, 1987, to expand the boundaries to incor- porate 4,25 acres of adjacent property and to construct an additional 19 units for a total of 56 semi - custom single - family residential homes on 12.3 acres. The City Council will consider second reading and approval of Ordinance 10, 1990, at the Regular Meeting of 5117/90. ORDINANCE 12,1990 Per a unanimous vote of the City Council the City Clerk read, by title only, on first reading, Ordinance 12, 1990, amendment to the City's Comprehensive L,nd Use Plan for a 20 -acre tract from Residential Medium (RM) to Public, (located off Central Boulevard directly west of the approved middle school "AA" PUD). The City Council will consider second reading and approval of Ordinance 12, 1990, at the Regular Meeting of 617190. ORDINANCE" 11,1990 Per a unanimous vote of the City Council the City Clerk read, by title only, on first reading, Ordinance 11, 1990, creating a PUD with underlying zoning of GU - Governmental Use District of the Palm Beach Gardens Code, for the use of construction and operation of a school facility (elementary school). The City Council will consider second reading and approval of Ordinance 11, 1990, at their, Regular Meeting of 5/17/90. �JOURNMENT There being further no business to discuss, the meeting was adjourned at 11:03 P.M. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS A%T _ AME I NAME Of 6OARV, t'OLiNCIL, COMMISSION, WIHORiTY, OR COMMITTEE RUSSO, JOSEPH R. 4 ULINO ADDRUG 40 8 SHELDRAKE €.ANt' ITIi PALM BEACH GARDENS, FLORIDA 0At t: ON A HC( II VI11I (i( t UXRf 11 PALM BEACH CITY rOtINC.I,} THL HOAR0, LoUNCII, COMMISSION, AUTHORITY, wHrc H I titKVL IS A VNII OF 1fY ( oUNTV (7rHEK I OC Ni ^(A N( Y NAMLOi POLITtCAI 5U9DIVi5IQN _ CITY QF PALM BEACH GARDENS %IY PUS1I1()N 15 APPOINTIVE WHO MUST FILE FORM 95 C I-LE("i IVE MI This forrn is for use by an} person set%Ing at the county, city, or other Ioi al level of government on an appointed or elected board, %,ouncll. Lonimi ton, authority, or conuttltree It a1111hes equally to menitKrs of advisory and non•adviSOTy bodies who are presented with a voting conflict of interest wider Section 112 3143, Florida Statutes The requirements of this law are mandatory, although the use of this particular form Is not required by law, you arc encouraged to use it In making the disclosure required by law, Your responsibihitts under the lax Nshcn faced v.Ith a ineasurc u) whlth you have a conflict of interest will vary greatly depending on whether you hold an electise or appoirlw-e position For this reason, please pay close attention to the instructions on this form before completing the reserve side and hlmg the form INSTRUCTIONS FOR COMPLIANCE WITH SECTION 142.3143, FLORIDA STATUTES Amh IF E: ECTED OF FIC L.RS: A person holding{ dectrke county, rnuntclpal, or other local publl, ofllct 0U, T ABSTAIN from voting on a measure which inures to his special private ga,n E.ai h local officer also IN prohibited from knowingly Noting on a measure whsch Inures to the special gain of a principal (other than a government agency) by whom he is retained In etcher case, you should di%close the tanfliLt PRIOR TO rl-IF VOTE BEING TAKEN b} publicly stating to the asstmbiy the nature of )our interest in the measure on which you are abstaining from Noting, and WITHIN 15 DAYS AFTER THL VOTE. OCCURS by Lonlpleting end filing this forrn with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes APPO -"D OFFICER',: A p~ -, holding appointive county, inunicipal, o1 ether Inca€ public of €Ice NIUSF ABSTAIN from voting on a mea5ve which inures to his SpeLIal private gam Fads local o1lKer alai ;s prohibited from I,nowtnbly voting on a measure which inures to the special gain of a principal (other than a got ernment agency) by whom he is retained A person hotting an appointive local office oiher%%iSe may particlpatt' In a matter in which he has a conflict of interest, but inust disclose the nature of the conflict before making an? .vtrnipt ro influence iht decision by oral or wrilten communication, whether made by the officer or at his direction IF YOU INTEND TO MAKE ANY An i_mri -10 IN[:[ UI_N< I` I HL 131 CISION PRIOE? TO THE i EEi 1NG AT WHICH THE VOTE WILL BE TAKEN d You should complete and We this loan ( before making :m attempt fo Influence the &Liston) with the person responclblc for recording the minuses of the niee:[tlg;, who will incorporate the form Iti the minutes • A copy of the form should be protidcd imm:dialeb to the other members of the agency " The form should be read publicly at the meeting prior In consideration of the matter in which you have a conflict of interest. I f iHtl Kll Ili en T -� W PA.0 11 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 before 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, DISCLOSURE OF LOCAL OFFICER'S INTEREST Joseph R S5 hereby disclose that on _ _L-• 19 C (a) A measure came or will come before my agency which (check one) _ inured to my spe:ial pnvatc gain, or X inured to the special gain of ____Sabatel ia_Ccmpanjes by whom 1 am retained (b) The rncasure before my agency and the nature of my inreiest in the measure is as follows Chief Financial Officer at company. Date Sig NOTICE UNDER PROVISIONS Of FLORIDA STATUTES §H2317 0985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUT [S GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLi OWING: 1M PEACH htENT, REMOVAL OR SUSPENSION FROM OFFICI= Ok EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. L FORM 18 10 to PAC.,E