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HomeMy WebLinkAboutMinutes Council 100589ITEMS BY THE CITY MANAGER ADVISORY ART COMMITTEE The City Manager stated the first meeting of the Advisory Art Committee, adopted by Resolution 80, 1989, will be Monday, Octobe~ 23, 1989, at 7:30 P.M. The City Manager requested the City Council to attend this meeting to discuss procedures and the "image" the City Council was interested in projecting through art donations. WREFIGHTERS ION the City Manager stated he has obtained the services or Peter Hurtgen of Morgan, Lewis 4 Bockius of Miami, Florida, to handle the c�rtif, cation CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS OCTOBER 5, 1989 The Regular Meeting of the City Council of Palm Beach Gardens, Florida, was called to order by Mayor Martino at 8:00 P.M. in the Assembly Room of c:,f 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 Martine, Vice Ma3,r Aldred, Councilwoman Monroe, Councilman Kiselewski and Councilman Russo. APPROVAL OF MINUTES The minutes of the Special Regular Meeting of 9/14189, the Workshop Meeting of 9/14/89 and the Regular Meeting of 9/21/89 were unanimously approved as written. NOUNCEMENTS Mayor Martino announced there would be a meeting of the Planning and Zoning Commission at 7:30 P.M., Tuesday, October 10, 1989; and a meeting of the Merit System Board on Tuesday, October' 10, 1989, at 7:30 P.M. PROCLAMATIONS Vice Mayor Aldred read a proclamation proclaiming October 15, 1989, as Firefighter Memorial Sunday. Councilman Russo read a proclamation proclaiming the month of October as "The Gardens" mall month. ITEMS BY THE CITY MANAGER ADVISORY ART COMMITTEE The City Manager stated the first meeting of the Advisory Art Committee, adopted by Resolution 80, 1989, will be Monday, Octobe~ 23, 1989, at 7:30 P.M. The City Manager requested the City Council to attend this meeting to discuss procedures and the "image" the City Council was interested in projecting through art donations. WREFIGHTERS ION the City Manager stated he has obtained the services or Peter Hurtgen of Morgan, Lewis 4 Bockius of Miami, Florida, to handle the c�rtif, cation CITY COUNCIL REG.11AR MEETING, 10/5/89 0 PAGE 2 process for the Flre�ighters Union. Once the Certification process is over, it will be determined if the City should retain Mr. Hurtgen's ser- vices or hire someone else to handle negotiations. The City Council unanimously approved °.le City Manager obtaining the ser- vices of Peter Hurtgen. EXPANSION OF CITY HALL The Ci,y Council unanimously approved the expenditure of $62,000 for expansion of City Hall, with monies to be taken from the Council Contingency Fund. The City Council directed the City Manager to prepare a request for bid for a Space and Facilities Plan for the City within 90 days. REPORTS BY MAYOR ID CITY COUNCIL MAYOR MARTINO Mayor Martino gave each member of the Council a copy of a letter he was directed to write to Palm Beach County Board of Commissioners re: purchase of Leke Catherine land. Mayor Martino reminded the City Council of efforts being undertaken by the County and Countywide Planning Council rF environmental issue, stating there is a public hearing tomorrow morning at 9:00 a.m. The City Council responded several weeks ago in memo form expressing their concerns. COUNCILMAN RUSSO Councilman Russo stated the Teen Party will be held on Saturday, November 4, 1939. Councilman Russo stated a representative of the Teen Club will be attending the October 19, 1989, Regular Meeting of the City Council to request a donation toward this party. COUNCILWOMAN MONROE Councilwoman Monroe reported attending the meeting of the Site Plan and 40 Appearance Review Committee on Tuesday where "Rosners" was discussed. Councilwoman Monroe stated the configuration of the loading space was CITY COUNCIL REGULAR MEETING, 10/5/89 El PAGE 3 somewhat better, howaver, she was still concerned. Councilwoman Monroe stated the Committee approved the site plan for this store. Kahart Pindar, Traffic Consultant for the City, stated he call Jack Hans• re: concerns with access off Northlake Boulevard and requested a condition that the petitioner get approval from Palm Beach County for improvements that needed to be done on Northlake Boulevard. The City Manager was directed to review this approval to determine if an appeal is appropriate. ITEMS BY THE MAYOR AND CITY COUNCIL COUNCILMAN KISELEWSKI Councilman Kiselewski stated the City Council reviews all site plans, Including the location of dumpsters, and felt something should be done about putting automatic closers on the dumpsters and insure there are gates on the dumpster areas. COUNCILWOMAN MONROE In response to Councilwoman Monroe, Ed Mitchell, Assistant to the City Manager, stated Team Plan should have final plans ready for Council review for the Streetscape Plan by the end of the month. COUNCILMAN RUSSO In response to Councilman Russo, the City Manager stated Dr. Nicholas could not attend a meeting with the City Council until December 1, 1989. RESOLUTIONS RESOLUTION 85,1989 Richard Walton, Planning and Zoning Director, addressed the City Council re: abandonment of easements for "The Island" PUD located on Tract M -13 of the PGA Natipnal PCD. Mr. Walton explained the lots needing this abandon- ment were i' perimeter lots, not including those around the fake. Mr. Walton stated the Northern Palm Beach County Water Control District has Gonot executed a release of easement as of this date. The City Attorney felt that the receipt of a release from the Water Control District should CITY COUNCIL REGULAR MEETING, 10/5189 PAGE 4 0 be m ;sde a conditl n 4 ", '4z Resolution. The City Clerk was directed to amend Resolution 85, 1989, by adding a new Section 3. to read "The effective date of this Resolution shall be at the time a duly executed ReTe&se of Easement from the Water Control District is filed with the City Clerk's Office ". Per a concensus of the City Council the City Clerk read, by title only, including amendments, Resolution 85, 1989, abandonment of easements on certain lots of "The Island" PUD. Resolution 85, 1989, was unanimously approved by the City Council as amended. RESOLUTION 86,1989 Mr. Ted Sabatello, petitioner, addressed the City Council re: amendment to "The Island" PUD, located on Tract M -13, within the PGA National PCO, created 9/3/87 via Resolution 60, 1987, providing for zero- lot -line units. At the suggestion of the City Attorney, the City Ccuncil directed the City Clerk to amend Section 3. of this Resolution to read "This Resolution shall be effective on adoption date of this Resolution o all lots that are not subject to release by the Northern Palm Beach Water Control District. All remaining lots shall have an effective date subject to a duly executed Release of Easement from the Northern Palin Beach County Water Control District being filed with the City Clerk's office ". Per a concensus of the City Council the City Clerk read, by title only, Including amendments, Resolution 85, 1989. Resolution 85, 1989, was unanimously approved by the City Council. RESOLUTION 87,1989 Per a concensus of the City Council, the City Clerk read, by title only, Resolution 87, 1989, approval of plat for 111-27, PGA National, created 40 8/17189 by Resolution 48, 1989. Resolution 87, 1989, was unanimously approved by the City Council. CITY COUNCIL REGULAR MEETING, 10/5/89 PAGE 5 0 RESOLUTION 88,1989 Alch,�rd Walton. Ord Zoning Director, addressed th-_ City Council re: amendment to Preston Courts PUD located on Tract M -18 within the PGA National PCD, created 2/4/88 via Resolution 6, 1988, providing for a reduction to 30 duplex units instead of the originally approved 34 duplex units. Per a concensus of the City Council the City Clerk read, by title only, Resolution 68, 1989. Resolution 88, 1989, was unanimously approved by the City Council. RESOLUTION 89,1989 Richard Walton, Planning and Zoning Director, addressed the City Council re: Resolution 89, 1989, creation of a PUD on 9.61 -acre "Parcel 5a" on Master Plan for JDM PCD, created 5/18/89 via Ordinance 8, 1989, proposed to consist of 31 zero- lot -line one- and two -story patio homes. Mr. Walton stated the Planning and Zoning Commission recommended approval of this PUD, with no conditions. The City Council requested, and the petitioner agreed, that a bicycle plan be included in the site plan. Per a concensus of the City Council the City Clerk read, by title only, Resolution 89, 1989. Resolution 89. 1989, was unanimously approved by the City Council. RESOLUTION 90,1989 Richard Walton, Planning and Zoning Director, addressed the City Council re: Resolution 90, 1989, creation o' a PUD on 16.97 -acre "Parcel 2" on Master Plan for JDM PCD, created 5/18189 via Ordinance 8, 1989, proposed to consist of 52 zero -lot -line patio homes. Mr. Walton gave each member of the City Council an excerpt from Ordinance 8, 1988, known as the "JDM PCD Ordinance ", showing where the developer is prohibited from removing trees from any site within the PCD without Prior approval of the City soForester. Mr. Walton stated trees were removed from Parcel 2 without the approval from the City Forester. Mr. Hank Skokowski, authoriZLd ager,t, CITY COUNCIL REGULAR MEETING, 10/5/89 L] PAGE 6 stated the constru-l;e,r rrpw has a letter from the City ForaSter that allows them to remove invasive species and diseased vegetation, however, stated no further tree removal will take place without prior approval of the City Forester. The City Council stated they would like to hear the City Forester's side of this issue, and removed this item from the agenda. The City Council placed this item on the October 12, 1989, Workshop Agenda for discussion, Mayor Martino also requested the petitioner work as fast as possible to get the plat for JDM approved. ORDINANCES ORDINANCE 23,1989 Mayor Martino declared the Public Hearing open, which was duly advertised 9/21/89, and held on the intent of Ordinance 23, 1989, repealing Section ASM MW 159.03 (8), which pertains to membership of the Site Plan and Appearance Review Committee and substituting in its place and stead a new Section 159.03 (B) which provides that the membership of said Committee shall be the members of the Planning and Zoning Commission. There being no com- ments from the public, Mayor Martino declared the Public Hearing closed. The City Council directed the City Clerk to amend Section 1. (4) of Ordinance 23, 1989, to read "Meetings of the Committee shall be held in seearate session and with separate agenda from that of the Planning and ,honing Commission "; and to insert the date "November 1, 1989" in Section 3. for the effective date. Per a vote of 4 ayes and 1 nay of the City Council, with Councilwoman Monroe casting the nay vote, the City Clerk read, by title only, on second and final reading, Ordinance 23, 1989. Ordinance 23, 1989, was adopted by a vote of 4 ayes and 1 nay of the City Council. The nay vote was cast by Councilwoman Monroe, as she 7elt Lhere CITY COUNCIL REGULAR MEETING, 10/5/89 PAGE 7 to woWn' be, too rrrirh rC`rYIC? �)n the n^-wiy formed committee. Councilwoman Monroe also stated that members of the Site Plan and Appearance Review Committee did not want the committee desolved, and read a letter from a member of that Committee. ORDINANCE 24x1989 Mayor Martino declared the Public Hearing open, which was duly advertised 9/21189 and held on the intent of Ordinance 24, 1989, repealing Paragraph (A) o,' Section 32.51 of the PBG Code, and providing that the Planning and Zoning Commission members and alternate members shall be appointed by Resolution. There being no comments from the public, Mayor Martino declared the Public Hearing closed. Per a vote of 4 ayes and I nay of the City Council, with Councilwoman Monroe casting the nay vote, the City Clerk read, by title only, on second and final reading, Ordinance 24, 1989. Ordinance 24, 1989, was adopted by the City Council with a vote of 4 ayes and I nay. Councilwoman Monroe cast the nay vote for the same reasons as ,,,Lated for Ordinance 23, 1989. ORDINANCE 26,1989 Richard Walton, Planning and Zoning Director, addressed the City Council re: Ordinance 26, 1989, stating the petitioner has answered all concerns of the City Council. Mayor Martino declared the Public Hearing open, which was duly advertised 9/21/89, and held on the intent of Ordinance 26, 1989, amendment to 27.357 -acre Prosperity Oaks PUD, created 1/7/85 via Ordinance 1, 1985, and amended 5/19/88 via Ordinance 23, 1988, to allow for a 1.15 -acre expansion of the permitted uses within CG -1 (General Commercial) District, into that portion of the PUD currently designated RH (Residential High Density) District; site plan approval for a 46,662 s.f. 120 -bed nursing home faci- CITY COUNCIL REGULAR MEETING, 10/5;89 PAGE 8 lity on Tract ",' "; and release of existing Unity of Title. 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, on second and final reading, Ordinance 26, 1989. Ordinance 26, 1989, was unanimously adopted by the City Council. ORDINANCE 31,1989 Per a vote of 3 ayes and 2 nays of the City Council the City Clerk read, by title only, on first reading, Ordinance 31, 1989, rezoning from PDA to PUD, with uses designated in RM (Residential Single - Family District) and PO (Professional Office Distict) and Site Plan Approval (THE OAKS) for the construction of 900 dwelling units and a 4 -acre office park, proposed to Adift be located on 239.49 acres located west of Prosperity Farms Road, between MW RCA Boulevard and Burns Road. The nay votes were cast by Councilwoman Monroe and Councilman Russo. Councilwoman Monroe stated she felt the commercial part of this project if intended to serve the needs of this community, should be on the interior of the site and felt this was spot zoning. Councilman Russo cast a nay vote, stating he has the same problem with the proposed project as Councilwoman Monroe. ITEMS FOR PROPERITY CENTRE Kahart Pindar, Traffic Consultant for the City, addressed the City Council re: amendment to the Prosperity Center PUD located south of PGA Boulevard, east of Prosperity Farms Road. Mr. Pindar stated that the traffic impact of changing from a hotel to additional retail and office space is slightly less, with 360 trips per day instead of 394. Mr. Pindar stated that traf- fic associated with a hotel are primary trips or new trips, however, for CITY COUNCIL REGULAR MEETING, 10/5/89 PAGE 9 AMM the proposed amandr ^nt to retail and office some of the cars are already on the roadways. Mr. Doug Coomer of Kimley Horne addressed the City Council stating the traffic impact for this amendment presented no significant changes, and that the project meets the County's and the City's Traffic Performance Standards. Councilman Kiselewski questioned whether the originally approved PUD rr the amendment would have a greater intensity impact on PGA Boulevard. Mr. Pindar stated the original PUD provided for 7872 trips per day, and the requested amendment provides for 8274 trips per day. Councilwoman Monroe requested the petitioner, at the next workshop meeting, present a zoning map for the area and an aerial map. Mayor Martino stated this item is scheduled for a Public Hearing before the Local Planning Agency on 10/19/89 at 8:00 P.M. for the amendment to the Comprehensive Land Use Plan. The amendment to the PUD will be further workshcpped by the City Council on 10/25/89. i3ORTHLAKE CENTRE Mr. Lpgan, authorized agent, addressed the City Council re: annexation and rezoning of 4.648 acres from Palm Beach County designation of RM (Multiple- Family Residential District - Medium Dencity) to PUD (NORTHLAKE CENTRE) with underlying zoning of PO (Professional Office), located on the south side of Northlake Boulevard and on the east and west sides cf Dania Drive. The Traffic Consultant for the petitioner stated this project pro- poses no significant impacts on roadway links, however, stated the signal at Keating and Northlake Boulevard will need to be modified in phasing. It was also determined a protected left -turn movement would be needed. Mr. Kahart Pindar, Traffic Consultant for the City, stated there are no traffic issues that needed to be resolved, but some work is necessary on CITY COUNCIL REGULAR MEETINC, 10/5/89 PACE 10 El c ys- �as<<a�nts. Or. Maiwurm, owner, discussed problems ne was having in getting cross - access with the owners of the Zayres shopping center. He stated he wi;i call the City Manager tomorrow with the name of a represen- tative of the County Engirser Department he has been working with in hopes that the City Manager can help in getting a cross- access agreement. Mayor Martino stated this project is scheduled for first reading at the Regular Meeting of 10/19/89. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at _ 12:20 A.M. APPROVAL ` MAYOR MARTINO VICE MAYOR ALDRED —t. N, Y. K05rER, CITY CLERK COUNCILWOMAN MONROE �p UNCILMAN KISELEWSKI 11c, . %r COUNCILMAN RUSSO ;,.FORM OB MEMORANDUM OF VOTING CONFLICT FOR ALA AND OTHER LOCAL PUBLIC OFFICERS AME NAME OF B(kIRU, COUNCIL, COKMISSION. AUTHoRtTv. oR coMMtTrek r / ell L., EN(+ ADOXESs N THE H I Sk-. COUNCIL, IJ OM15S10N, AiJrHORITY, OR COMMITT) E ON WYI(H t hkRYr IS A UNII OF (. ?•Z,�q % /,�( (OUNTY OTHER 10( Al AGENCY Z NAM�LO1 POLITICAL SUHI)IVISION PAIt ON x HIt it Vel L t1t t URRi 0 - - --� / L �V^ MY I'USI IItiN IS , Q FLEC'TiYE) APPOINTIVE WHO MUST FILS FORM 83 This form i7 for Lice by any person sen ing at the county, city, or other local ]eveI of government on an appointed or elected board, council, commission, authority, or conuttitice Ii applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of Interest LLoder Setnon 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 responsibihtles under the law when faced with a measure In which you have a conflict of interest will vary greatly depending on wheiher 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 filing the form INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES L.ECTEU OFFICERS: A person holding electi%c county, muni,2ipal, or other local public of1we MUST ABSTAIN from voting on a measure which Inures to his special private gain Each local Officer also is prohibited front knoµtngly noting on a measure which inures to the special gain of a principal (other than a government agencv) by whom he is retained In either (eye, you Should disclose the conflict PRIOR TO THE VOTE BEING TA1sEN by publicly stating to the assembly the nature of your Interest in the measure on which you are abstaining from noting, and WITHIN 15 DAYS AFTER THE VOTE OCCURS by Lompleting and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the forin in the minute, APPOINTED OFFICERS. A person holding appointive couniv, municipal, or ocher local public office MUST ABSTAIN from voting on a measure which inures to his speLlal private gain Fach local olliccr also is prohibited from kno%ingly voting on a measure which inures to the special gain of a pnnupal (oihrr than a government agency) by whom he is retained A person holding an app()inttse local office otherxise mat partiLipale in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making .in; attempt to influence the decision by oral or written communication, xhether inade by the officer or at his direction If YOU INTEND TO NIAKF ANY ATTLMPT lt) INFI UENC L THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BI- TAKEN • You should complete and rile this form ( before making any attempt to Influence the decision) with the person responsible for recording the minutes of the rneeting, who will Incorporate the form in the minutes • A copy of the form should be prodded iminediately In the other members of the agency • The form should be read publicly at the meeting prior to consideranon of the matter In which you have a conflict of interest 00\1 ON 111 MA PAGE I U ,~ IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: o You Should disclose orally the nature of your conflict to the measure before participating. You should complete the form and file it within IS 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 1, ` ', . � � L¢ —_ I � • �`-�.- s_ } <_' __ , hereby c,.,ciosc that on —_ 1" 19 . (a) A ineasure came or will torn~ belorc my agency which (check one) inured io my special private gain, or inured io the special gain of by whom I am retained. (b) The measure betore my agency and the nature of my interest in the measure is as follows. r. i T Date Filed f' /7 Signature`" t 010 NOTICE. UNDER PROVISIONS Of- FLORIDA STATUTES §112.317 (N85), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY 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 EXCEED S5,000. E FORM %u w %6 PAGE 'I