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HomeMy WebLinkAboutMinutes Council 051790CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS MAY 17, 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, Councilwoman Monroe, Councilman Kiselewski and Councilman Russo. Vice Mayor Aldred was not in attendance as he was out of town. ANNOUNCEMENTS Mayor Martino announced there would be a meeting of the Planning and Zoning Commission on Tuesday, 5/22/90 at 7:30 P.M. in the Council Chambers; and the Landscape & Tree Preservation Ordinance Committee on Wednesday, 5 /23190 at 7:30 P.M. in the Conference Room. IDEMS BY THE CITY MANAGER CANCELLING WORKSHOP MEETINGS FOR THE MONTHS OF JUNE, JULY & AUGUST RECREATION DEPARTMENT 40 Councilman Kiselewski made a motion to cancel the City Council Workshop Meetings for the months of,June, July and August, 1990, seconded by Councilowoman Monroe. The motion was unanimously approved by the City Council. Councilman Kiselewski made a motion that the Director of Recreation be authorized to spend $9,660 for the rental of two portable units for the summer program, with funds to be taken from the Council Contingency Fund; seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. CITY COUNCIL REGULAR MEETING, 5117190 PAGE TWO EMS AND REPORTS BY MAYOR AND COUNCIL MAYOR MARTINO Mayor Martino stated the Planning and zoning Commission Meeting of 5/8/90 was cancelled. COUNCILMAN KISELEWSKI Councilman Kiselewski stated he attended the Solid Waste Authority Meeting on Wednesday morning. 'ouncilman Kiselewski stated they will be having several more workshops on the budget and he will be meeting with the staff one on one to try to understand what is being done. Councilman Kiselewski reported attending the Arts Advisory Committee meeting on Wednesday, 5/16190, and the pieces of art being proposed by DiVosta & Company were withdrawn because of the way they were constructed. There were discussions regarding the amendment to Arts in Public Places Ordinance, and the committee would like to be present for the workshop meeting on Ordinance 13, 1990. Councilman Kiselewski stated he attended the Metropolitan Planning Organization Meeting today, and they are looking at the possibility of doing an Origin 8 Destination Study, which could cost between $600,000 and $700,000. Councilman Kiselewski reported some County Commissioners are opposed to the study. Councilman Kiselewski stated that the Metropolitan Planning Organization applied for funding to DOT, a joint effort, wherein MPO supplies in -kind services and DOT supplies approxima- tely $65,000, to "validate the model ". Councilman Kiselewski stated the Bicycle Plan was adapted by the Metropolitan Planning Organization and will hopefully be part of the overall County Transportation Plan. CITY COUNCIL REGULAR MEETING, 5/17/90 PAGE THREE to COUNCILMAN RUSSO In ­ssMonse to Councilman Russo, Mayor Martino stated he would get back to him after tomorrow re: the City Council attending the next Recreation Advisory Board Meeting. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA SAM CARSiLLO Sam Carsillo addressed the City Council regarding signage at Crossroads at Northlake and The Promenade, John Kiedis memorial, hurricane plan for the City and the traffic lanes on MacArthur Boulevard. CONSENT CALENDAR Councilwoman Monroe made a motion to approve the items on the Consent Calendar, seconded by Councilman Russo. Per a unanimous vote of the,City Council, the following items on the consent calendar were approved and adopted: 1. Approval of Minutes of Regular Meeting of 5/3/90 2. Approval of Minutes of Workshop Meeting of 5/10/90. Per a consensus of the City Council, the City Manager's Items and recom- mendations from Staff are to be added to the Consent Calendar. Mayor Martina stated he would like to move Public Hearings up front on the Agenda. RESOLUTIONS RESOLUTION 70, 1990 Rich Walton, Direct2r of Planning and Zoning, addressed the City Council re: Resolution 70, 1990, approv%l of amendments to the Middle School PUD, approved 7120!Cq by Ordi.a,ice 20, 1989, to relocate the bus loop, sidewalks and the bicycle parking pen. Councilman Kiselewski made a motion to approve and adopt Resolution 70, 1990, seconded by Councilman Russo. Resolution 70, 1990 was unanimously approved and adopted by the City Council. CITY COUNCIL REGULAR MEETING, 5/17/90 PAGE FOUR 0 RESOLUTION 71, 1990 May .)r Martino staled Resolution 71, 1990 pertains to the Elementary School and the execution of an Intertocal Agreement between the City of Palm Beach Gardens and the Palm Beach County School Board. Mr. Agustin Hernandez staled the Interlocal Agreement is scheduled for the School Board Meeting of June 6, 1990. Councilman Kiselewski made a motion to approve and adopt Resolution 71, 1990, seconded by Councilman Russo. Resolution 71, 1990 was unanimously approved and adopted by the City Council. RESOLUTION 72,19.90 Rich Walton, Director of Planning and Zoning, addressed the City Council re: Resolution 72, 1990, amendment to DiYosta Office Building PUD, approved 1/21/82 by Ordinance 32, 1981, amended 4/20/89 by Ordinance 6, 1989, to add a drive -thru facility with two bank teller lanes, sidewalks at the northwest and southwest quadant of PGA Boulevard and Military Trail, and to relocate the ingress /egress on PGA Boulevard further to the West. Raymond Royce, authorized agent for Di4osta & Company, addressed the City Council and stated they will provide landscaping at the front plaza entrance. Sonny Perna, Landscape Architect, addressed the City Council re: proposed landscaping plans. Mayor Martino declared the Public Hearing open, which was duly advertised and held on the intent of Resolution 72. 1990, amending Ordinance 32, 1981, by adding bank drive -in facilities, change of ingress and egress and adding of and deleting of landscaping in accordance with an amended site and landscape plan, and ratifying and confirming an ingress and egress ® easement agreement for right -of -way purposes and maintenance of same CITY COUNCIL REGULAR MEETING, 5/17190 PAGE FIVE 9 togaLher with canal maintenance. There being no comments from the public, Mayor Martino declared the Public Hearing closed. Councilman Kiselewski made a motion to approve and adopt Resolution 72, 1990; seconded by Councilwoman Monroe. Resolution 72, 1990 was unanimously approved and adopted by the City Council. RESOLUTION 73,_1990 Rich Walton, Director of Planning and Zoning, addressed the City Council re: Resolution 73, 1990, approval of overall signage program and criteria PGA National Resort Community. Mr. Walton stated the two changes requested by the Council have been made. Hank Skokowski, Urban Design Studio, addressed the City Council and reviewed the revisions. Mr. Skokowski stated the sign depicted on page 10 will comply with the Palm Beach Gardens Sign Ordinance. In response to ® Councilman Kiselewski, Mr. Skokowski stated that all signs on streets that are not within the guardhouse gates of PGA National will comply with the Sign Ordinance. Councilman Kiselewski made a motion to approve and adopt Resolution 73, 1990, seconded by Councilwoman Monroe. Resolution 73, 1990 was unani- mously approved and adopted by the City Council. Councilwoman Monroe made a recommendation that the City Council requests the appropriate person, whether it be the Traffic Engineer or the Police Department, to look at the Gardens Mail stop signs. They have used square signs with an imprinted octagonal stop sign on the front. Councilwoman Monroe was concerned that with 3 or 4 directions of traffic coming at each other, and some having stop signs and some not, you cannot tell if you should yield in one direction. Councilwoman Monroe stated she would like staff to review these signs to determine if there is a safety problem. CITY COUNCIL REGULAR MEETING, 5117/90 PAGE SIX Attorney Grant stated one signs are not per state requirements, and if there is an accident, is it enforceable, and asked the City Manager to cross -check that item. Councilwoman Monroe made a motion that the City Manager be directed to take appropriate action to determine if there is a problem with the stop signs at the Gardens Mall, if they should all be octagonal shape, so the public will know it is a standard stop sign, seconded by Councilman Kiselewski. The motion was unanimously approved by the City Counci. Councilman Kiselewski stated he understood the City Council issued a mora- torium on enforcing several portions of the Sign Ordinance, until such time as it is resolved. Councilman Kiselewski stated he has found that that businesses evidently think the moratorium means something different. Councilman Kiselewski stated a sign has been erected at 2700 PGA Boulevard that violates portions of the sign code that are not affected by the mora- torium and requested staff review possible violations. Resolution 73, 1990 was unanimously approved and adopted by the City Council. RESOLUTION 74, 1990 Councilman Russo stated he has a conflict of interest with Resolution 74, 1990, as he is the Chief Financial Officer of Sabatello Development. Mayor Martino stated Resolution 74, 1990 is on for workshop and con- sideration of approval for two reasons 1) staff expressed no problem with the proposed amendment, and 2) workshop meetings are being cancelled. F_ L. A CITY COUNCIL REGULAR MEETING, 5/17/90 PAGE SEVEN Rict, 'altos, Gird -or cT Planning and Zoning, addressed tree City Council and reviewed the request by the Petitioner which asked for 0' side yard setback for screen enclosures and 5' rear setback, regardless of a pool or screen enclosure. In response to Councilwoman Monroe, Mayor Martino stated items were to be workshopped before they were brought to a Regular Meeting, however, in this particular case, there were no comments or con- ditions from staff, so the item was added to the agenda. Per Attorney Brant's recommendation, Resolution 74, 1990 was recessed until after Resolution 75, 1990. RESOLUTION 75, 1990 Attorney Brant stated the Resolution was in no way binding the City of Palm Beach Gardens to issue bonds and could be amended if necessary. Attorney Mark Raymond, Bond Counsel, addressed the City Council re: Resolution 75, 1990, approval of sale of bonds for public golf course and briefly reviewed highlights of the bond resolution. After discussion by the City Council and upon recommendation by Attorney Raymond, there was a consensus to amend Resolution 75, 1990 was follows: on page 30, Section 4.03, next to last sentence, beginning with, "In furtherance of the foregoing, . . ." delete the remainder of the paragraph to Section 4.04, which elimlflated the pledge and lien of the sales tax proceeds and left a covenant to expend those monies. Councilman Kiselewski made a motion to adopt and approve Resolution 75, 1990, as amended; seconded by Councilwoman Monroe. Per a vote of 3 ayes and 1 nay. Resolution 75, 1990 was approved and adopted by the City Council. Councilman Russo cast the nay vote stating he was not in favor ® of the contract. CITY COUNCIL REGULAR MEETING, 5/17/90 PAGE EIGHT May_-, Martino statbo there will be a workshop next week, bi24/90, on the golf course. Attorney Raymond stated the adoption of Resolution 75, 1990 needs to be either be published twice in a newspaper or posted in three conspicious places within the City. RESOLUTION 747 1990 Councilman Kiselewski made a motion to approve and adopt Resolution 74, 1990; seconded by Councilwoman Monroe. Per a vote of 3 ayes, Resolution 74, 1990 was approved and adopted by the City Council. Councilman Russo abstained from voting as he is Chief Financial Officer for Sabatello Development. ORDINANCES ORDINANCE 9, 1990 Mayor Martino declared the Public Hearing open, which was duly advertised 512/90 and held on the intent of Ordinance 9, 1990, amending the Palm Beach Gardens Code by creating and adopting Chapter 37 Elections, which shall be referred to as "The Palm Beach Gardens Elections Code ". There being no comments from the public, Mayor Martino declared the Public Hearing closed. Per a unanimous vote of the City Council, the City Clerk read, by title only, Ordinance 9, 1990. Councilman Kiseieeski made a motion to approve and adopt Ordinance 9, 1990; seconded by Councilwoman Monroe. Ordinance 9, 1990 was unanimously approved and adopted by the City Council. ORDINANCE 10, 1990 Councilman Russo stated he has a conflict of interest with Ordinance 10, 1990, as he is the Chief Financial Officer of Sabatello Development. Mayor Martino declared the Public Hearing open, which was duly advertised 5/2190, and held on the intent of Ordinance 10, 1990, amending the Hidden • CITY COUNCIL REGULAR MEETING, 5/17190 PAGE NINE Holtaw PUD created 12I3i37 by Ordinance 16, 1987, to expand the boundaries to Incorporate 4.25 acres of adjacent property and to construct an adi- tional 19 units for a total of 56 semi - custom single - family residential homes on 12.3 acres. There being no comments from the public, Mayor Martino declared the Public Hearing closed. Per a unanimous vote of the City Council, the City Clerk read, by title only, Ordinance 10, 1990. Councilman Kiselewski made a motion to adopt and approve Ordinance 10, 1990; seconded by Councilwoman Monroe. Per a vote of 3 ayes, Ordinance 10, 1990 was approved and adopted by the City Council. Councilman Russo abstained for reason previously stated. ORDINANCE 11, 1990 Mayor Martino declared the Public Hearing open, which was duly advertised 5/2190, and held on the intent of Ordinance 11, 1990, creating a PUD with underlying zoning GU - Governmental Use District of the Palm Beach Gardens Code, for the use of construction and operation of a school facility (elementary school). There being no comments from the public, Mayor Martino declared the Public Hearing closed. Per a unanimous vote of the City Council, the City Clerk read, by title only, Ordinance 11, 1990. Councilman Kiselewski made a motion to approve and adopt Ordinance 11, 1990; seconded by Councilwoman Monroe. Ordinance 11, 1990 was unanimously approved and adopted by the City Council. CITY COUNCIL REGULAR MEETING, 5/17/90 PAGE TEN Agustin Hernandez, Halm Beach County School Board, addressed the City Council and stated the lights at the High School tennis courts are controlled by two switches. One switch controls the timer and another switch turns the lights ors or off. The City Manager was directed to get back to Mr. Hernandez re: consistency of timing for lights on the public courts coinciding with the city courts. ORDINANCE 13, 1990 Per a unanimous vote of the City Council, the City Clerk read, by title only, Ordinance 13, 1990, amending Part I4 of Chapter 151 of The Palm Beach hardens Code pertaining to Art in Public Places by changing the method of procedures of art work selected. The City Council directed the City Clerk's Office to notify the Ari. Advisory Committee that Ordinance 13, 1990 will be workshopped at the 5/29/90 meeting. ITFMS FOR DISCUSSION LAKE CATHERINE PUD Don Hearing, gbs &h Architects, briefly reviewed the proposed landscape plans for the Lake Catherine PUD created 10119/89 by Ordinance 30, 1989. The City Council directed Attorney Brant to prepare a resolution for Con- sideration of approval at the next Regular Meetin, of r, /7 /on, ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 9:58 P.M. a• C®UN'TY9 MUNICIPAL, AND V F A%T NAME —FIRST IYAMt - -MIDIX k NAME RUSSO, JOSEPH tic A.� :�Ki ADDHESS 4010500 NORTH MILITARY TRAIL . ITN i uI Nr� PALM BEACI'f OAltUtN5, 1 L:JR115A 33� 410 0Atk ON WHICH VOI1 1K I LRRtn MAY 17, 1990 OTHER LOCAL, PUBLIC OFFICERS NAME OF @OARD, COUNCIL, COMMISSIoN. AUTHORITY. OR COMMITTEE CITY COUNCIL THI: b(tARnt (OUNCII. COMMISSION. Ati rHORITY. OR COMMITTLE ON WHiI'Ft 1 ctRVl: A A UN17 OF ( RUNTY aTHEH (0C'AI ADEN( Y NAM.L(H PUtITILAI SUSUIYISION CITY OF -PALM BEACH GARDENS MY P'USI110N iS C�LE�'i1V J APPOINTIVE WHO MUST FILE FORAM " This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee It irplics, equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under 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 are encouraged to use it In making the disclosure required by law Your responsibilities under the law when faced with d measure In which you have a conflict of interest will vary greatly depending on whether you hold an electise or appointive position For this reason, please pay close attention to the instructions on this form before completing the reverse side and tiling the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1192.3943, FLORIDA STATUTES ELECTED OFFICERS: A person holding electi%e county, muniopal, or other local pubh, ofI Inc NIUST ABSTAIN from voting on a measure which inures to his special private gain. Each local tiffrLer also Is prohibited from knowingly voting on d measure which inures to the special gain of a principal (other than a government agens:y) by whom he is retained In either case, you should disclose the conflict' PRIOR TO FHE VOTE BEING TAKEN by publicly stating to the assembly the nature of your Interest in the measure on which you are abstaining from holing; and WITHIN 15 UA) S AFTER THE VOTE OCCURS by completing and Filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes 4FP0 INTF 1) OFFICERS A person holding appointive county, municipal, of other !c,Lal public offi�.c MUST ABSTAIN from voting on a measure 'A'owh tnures to his special private gain Fdch loi al nl IICCr dlso is prohibited from knowingly voting on a measure which iri=ses to the special gain of a principal (other thdn a government agency) by .khom he fs retained A person holding an appointive local office olherwise may participate in 3 matter in which he has a conflict of interest, but mu!t disclose the nature of the conflict before making, any attempt to influence the decision by oral or written communication, whcrher made by the officer or at his direction IF YOU INTFND TO MAKE ANY ATTEMPT TO iNFI UEN( E THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE 1VILL BE TAKEN • You should corrmpletc and file this lorm (before making any attempt to Influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes, • A copy of the form should be prodded immediately to the other members of (he 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 r,MNf MH Id" PAC IF YOU MAKE NO AT'T'EMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE1MFETINO: b • You should disclose orally the nature of your conflict in the measure before participating. • You should compicte the form and rite it within 15 days after the vote occurs with the person responsible for recording .hc minutes of the meeting, who should incorporate the form in the minutes. E TNSCLOSURE OF LOCAL OFFICER1 DIMEREST 1, _„_,0mFPH R?ISS{) , hereby disclose that on __ MAY 17 (a) A measure came or will come before my agency which (check ont) inured to my special private gain-, or inured to the special gain of _ _ _ SABATELLO COMPANIES (b) The measure before my agency and the nature of my interest to the measure is as follows: CHIEF FINANCIAL Oi•FICER Date Filed MAY 17, 1990 - -_ - -- W , 1990 , by whom I am retained. 7 NOTICE: UNDER PROVISIONS OF FLORIDA STA7 UI ES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS rOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENr, DEMOTION, REDucrION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED SS,OW. t FORM rai fU 0 PAc FORM 811 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I A%T NAME —FIRST NAM( -- MtOI111: NAME I NAME OF &W IX COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE RUSSO, JOSEPH I CITY COUNCIL_ P10500 NORTH MILITARY TRAIL PALM BEACH GARDENS, FLQ�? A 33 10 I m ltlt!lv11, rHL WMR0. COUNCII. COMMISSION. AUrHORITY, OR COMMITTEE ON WHICH I St0t: M A UNII OF, �' (I ­15 COUNTY ("HER 1 OC'At A0ENC Y NAML OF Vol ITICAI SUBDIVISION CITY OF PALM BEACH GARDENS DA1 t: ON R HK 11 VI11 t IWC URRr13 rMy PUSI I ION p Lt iij � APPOINTIVE MAY 17, 1990 �- ,--- -:.� -_ WHO MUSIC FILE FORM U This form is for use by any person sere 1ng ai the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or o —tmttice 11 applies equally 10 members of advisory and non - advisory bodies who are presented with a voting conflict of interest udder Sectltitt 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not requlr.d by law, you are encouraged to use it to making the disclosure required by law. Your responsibilitie, under the law when faced with a treasure In which you (lave a conflict of interest will vary greatly depending on whether you hold an elective or appointive posit non. 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 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which Inures to his special private gain Each local ufficer also IN prohibiled from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by wham he Is retained. In either case, 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 which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing 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, municipal, of othct Inca) Public offkC MUST ABSTAIN from voting on a measure which inures to his special private gain Fach local officer also t, prohibited from knowingly 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 olherwm etas, partit.lpaw in a matter in which he has a conflict of interest, but must disclose the nature of the convict before making arts attempt to Influence the decision by oral or written communication, whether made by the officer or at his direction IF YOU INTEND TO MAKE ANY ATTE.N1P7 7() INFI.UENC E THE DECISION PRIOR 'i0 THE MEETING AT WHICH THE VOTE WILL BE TAKEN. • You should complete and file this form ( belore nluking any attempt to influence the decision) with the person responsible for recording [h: minutes of the meeting, who will incorporate the forni in the minutes. • A copy of the form should be provided immediately 10 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. I hM \I xli III ><t, PAGE t 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 to the meas+tre 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 mccoug, who should incorporate the form in the minutes. DISCLOSURIE OF LOCAL OFFICER'$ 9MREST 1, JOSEPH RUSSO _ __ , hereby disclose that on .__ May 417 (a) A measure came or will Lome before my agemy which (check one) inured to my special private gain: or . inured to the special gain of ___Sabatel to Carpanies_ (b) The measure before my agency and the nature of my interest to the measure is as follows. Chief Financial Officer Date Filed May 17, 1990 -- — i i Srg W r V , 1990 , by whom I am retained. NOTICE; UNDER PROVISIONS OF FLORIDA STATIXIES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS rOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000. t FORM 8H to $6 PAGE