HomeMy WebLinkAboutMinutes Council 080389CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
AUGUST 3, 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
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, and Councilman Russo. Councilman
Kiseiewsk.i was not in attendance as he was out of town.
APPROVAL OF
MINUTES The minutes of the Regular Meeting of 7120189 were approved as written.
ANNOUNCEMENTS Mayor Martino announced there would be a meting of the Planning and
Zoning Commission on Tuesday, August 8, 1989, at 7:30 P.M. and a meeting
of the Beautification and Environmental Committee on Wednesday, August 9,
1989, at 7:30 P.M.
PRESENTATION -
CLYOE BEATTY -COLE
BROTHERS CIRCUS Ms. Beverly Pope, executive Director of the Northern Palm Beaches Chamber
of Commerce addressed the City Council re: Clyde Beatty Cola Brothers
Circus, proposed to be hosted by the Chamber November 20 - 22, 1989. Ms.
Pope stated the p oposed location for the Circus is the cultural site
{nmediateTy west of The Gardens Mall. Col. Edward Smith eF Clyde
Beatty -Cole Brothers Circus addressed the City Council re: liability
Insurance, parking, and clean -up procedures. Ms. Pope stated the Chamber
was interested in making this an annual event.
Per a unanimous vote of the City Council, the City Manager was authorized
to approve, through administrative procedures, contracts with
® Clyde Beatty -Cole Brothers Circus, including the execution of
necessary documents that shall reference City Council concerns. The City
CITY COUNCIL REGULAR MEETING, 7/20189
PAGE 2
Council also requested Copies of letters from The Gardens Mall and
Foundation Land Company showing their approval for the site to be used for
the circus.
ITEMS BY THE
CITY MANAGER
ADMIRALTY II The City Manager referenced a letter from the City Attorney discussing the
Admiralty II PUD request for a satellite dish, stating this is mechanical
equipment and did not need to go before the City Council for approval.
The City Council expressed no concerns with the City Attorney's opinion.
GARBAGE /TRASH/
RECYCLING BIDS The City Manager stated he sent each Council member a letter recommending
the bid for refuse collection and disposal, recycling multi -yard trash
® collection, opened and read at the City Council Regular Meeting of
7120/89, be awarded to Waste Management Company.
Attorney Larry Marchbanks, attorney representing County Sanitation,
addresse6 the City Council, thanking them for t',e opportunity to serve the
City for 25 years, and requested that the Commercial portion of the bid be
awarded to County Sanitation.
Per a unanimous vote of the City Council, the bid for refuse collection
and disposal, recycling multi -yard trash collection, was awarded, in
entirety, to Waste Management Company.
COUNTY IMPACT FEES The City Manager stated he has received a copy of an early rendition of
the new road impact fees, stating the road impact fees would be going up
to $5.34 per square foot. Mayor Martino felt the City Council may need a
Special Workshop Meeting in order to get a complete understanding of what
is being done, prior to the Public Hearings the County will hold re: these
impact fees. Mayor Martino felt the City needed guarantees ,it the
CITY COUNCIL REGULAR MEETING, 813189 PAGE 3
0
ITEMS BY THE MAYOR
AND CITY COUNCIL
VICE MAYOR ALDRED Vice Mayor Aldred stated he would be out of town for the next
Beautification and Environmental Committee meeting. Mayor Martino stated
he would attend the meeting in the Vice Mayor's absence.
monies collected by the City would be spent in this area.
REPORTS BY THE MAYOR
AND CITY COUNCIL
MAYOR MARTINO
Mayor Martino reported attending the Planning and Zoning Commission
Special Meeting on Monday, along with Councilman Russo, re: Lake
Catherine. The Mayor stated the minutes will reflect the content of that
meeting, however, the Commission recommended approval of this petition
with a few conditions as well as a recommendation prior to the City
Council taking action, they explore the possibility of a referendum to
purchase the property. The Mayor requested the City Manager look into the
financial ramifications of a referendum before the August 17, 1989, City
Council meeting.
JNCILMAN RUSSO
Councilman Russo reported attending the Planning and Zoning Commission
Special Meeting on Monday, stating that the Planning and Zoning Commission
felt the City was getting an excellent deal with the land that was being
donated to the City by the petitioner for Lake Catherine. Councilman
Russo felt it was a good idea to go out to referendum.
Councilman Russo stated he attended the Recreation Advisory Board meeting
where discussions took place re: possible teen program to begin in
September. Councilman Russo stated he also spoke to an individual who is
trying to put a facility in the north County for teens and felt this would
be an asset to the community.
ITEMS BY THE MAYOR
AND CITY COUNCIL
VICE MAYOR ALDRED Vice Mayor Aldred stated he would be out of town for the next
Beautification and Environmental Committee meeting. Mayor Martino stated
he would attend the meeting in the Vice Mayor's absence.
CITY COUNCIL REGULAR MEETING, 2/3199
0
PACE 4
COUNCILWOMAN
MONROE Councilwoman Monroe requested not only a report on the financial ramifica-
tions of a referendum for the Lake Catherine property, but the legal
aspects as well. The City Manager stated he would like to look at what
additional needs the City has at the same time.
Councilwoman Monroe reminded Council members there will be a City /County
Workshop on the 24th in Boca Raton and stated it was an opportunity to
meet with other people and share ideas.
MAYOR MARTINO Mayor Martino stated there is a copy of the County's Environmentally
Sensitive Land Ordinance in the Council's packages and requested the City
Manager direct the City Attorney to review this Ordinance so he can advise
the City Council what the ramifications are for the City. The Mayor also
requested the County identify where the environmentally sensitive lands
are in Palm Beach Gardens.
RESOLUTIONS
RESOLUTION 49,1989 Mr. Joe Remsa, authorized agent for Mayflower Restaurants, Inc., addressed
the City Council re: Resolution 49, 1989, approval of Site Plan for
"Sizzler Restaurant ", to be located within Tract 8 o7 "The Promenade"
shopping center (f /kla "Gardens East Plaza "), created G /18/87 via
Resolution 44, 1987. Mr. Remsa detailed revised plans for the restaurant.
stating they have added back -up features to correspond to the rest of the
shopping center. Mr. Remsa outlined amendments to elevations,
landscaping, and architectual features. A letter from the City Engineer
dated 7/5/89 stated all engineering concerns have been satisfied. Signage
was discussed, however, the City Council expressed their concern with the
® size of the monument sign. The City Council requested, and the petitioner
agreed, to reduce the size of the monument sign to 6' x 3' with a 10' wide
CITY COUNCIL REGULAR MEETING, 8/3/89
PAGE 5
base. The maximum height of the monument sign will be 61, with no planter
between the sign and the base. There will be a sign on the building,
however, there will be one sign only on the A -1 -A side of the building.
The City Clerk was directed to make the following amendments to Resolution
49, 1989: Remove reference to signage in Section 5.; create a new Section
5, th read "Per staff and petitioner presentations to the City Council, a
substantial Black Olive Tree will be removed and replaced on the loca-
tion of the Lighthouse Drive side on the southeast corner of the project.
If said tree is not healthy based on the observation and inspection of our
Forester in 6 months, the petitioner agrees to replace said tree with a
Live Oak in the vicinity of 15 -18' in height with a 10' spread."
Per a unanimous vote of the City Council the City Clerk read, by title
only, Resolution 49, 1989, approval of Site Plan for "Sizzler" Restaurant,
to be located within Tract 8 of "The Promenade" shopping center.
Resolutian 49, 1989, was unanimously approved by the City Council.
RESOLUTION 54,1989 Councilman Russo stated he would not be participating in the discussions
re: Resolution 54, 1989, because he had a conflict of interest as he is
the Chief Financial Officer for the petitioner.
Mr. Hank Skokowski of Urban Design Studio, authorized agent for 3abatello
Development, addressed the City Council re: Resolution 54, 1989, stating
the plans have been revised per the requests of the City Council and
refiled with City staff. Mr. Skokowski stated there are now plans for a
continuous sidewalk system on one side of the street throughout the entire
project. The City Council requested, and the petitioner agreed, to
extend the sidewalk to the roadway. The list of conditions from the
Planning and Zoning Commission, with the exception of 3a and ?h (which
CITY COUNCIL REGULAR MEETING, 8/3/89
PAGE 6
refer to original plans and do not correspond to existing proposed plans)
have been met by the petitioner, same being attached to the Resolution.
Per a concensus of the City Council the City Clerk read, by title only,
Resolution 54, 1989, creation of a PUD on 18.81 -acre "Parcel 111 on MLSter
Plan for JDM PCD, created 5/18189 via Ordinance 8, 1989, proposed to con-
sist of 105 unit zero - lot -line patio home development with a .32 -acre
recreation area.
Resolution 54, 1989, was unanimously approved by the City Council.
RESOLUTION 57,1989 Councilwoman Monroe requested, and the City Council agreed, to the
following changes in job descriptions attached to Resolution 57, 1989:
Type Minimum Training and Experience section on the job description for
Recreation Program Coordinator; and under the Building Official, Statement
of Duties strike "Site Plan and Review Committee ".
Per a concensus of the City Council the City Clerk read, by title only,
Resolution 54, 1989, amending Section IV. Position Classification and
Compensation Plans, of the Merit System Rules and Regulations.
Resolution 54, 1989, as amended, was unanimously approved by the City
Council,
RESOLUTION 61,1989 Mr. Hank Skokowski of Urban Design Studio, authorized agent for Tuscan
Homes, addressed the City Council re: Resolution 61, 1989. Mr.
Skokowski stated proposed plans were for 75 single - family zero - lot -line
patio homes, ranging in price from $350,000 to $425,000. Mr. Skokowski
pointed out there were plans for a 5 foot sidewalk that runs along she
entire project on one side of the street. Mr. Ronald Stoft, architect for
the project, detailed elevations and landscaping plans, stating that the
colors to be used on the homes would be pate pastels. Councilwoman Monroe
CITY COUNCIL REGULAR MEETING, 8/3/89 PAGE 7
0
requested the amount of Queen Palms be limited.
Mr. Ed Mitchell, Assistant to the City Manager, stated the Planning and
Zoning Department requests an additional set of approved plans. The Mayor
directed the Planning and Zoning Department keep a log of plans received,
to include who delivered the plans, date received and number of sets
received.
Per a concensus of the City Council the City Clerk read, by title only,
Resolution 61, 1989, creation of a PUD on 20.334 -acre "Parcel 4" on Master
Plan for JDM PCD, created 5/18/89 via Ordinance 8, 1989, proposed to con-
sist of 75 residential zero -lot -line units.
Resolution 61, 1989, was unanimously approved by the City Council.
SOLUTION 62,1989
Per a concensus of the City Council the City Clerk read, by title only,
Resolution 62, 1989, authorizing the Mayor to execute a License Agreement
between Foundation Land Company and the City, permitting the City to pave
approximately 20' within a 60' strip of property that runs north from
Burns Road (adjacent to ballfield) a distance of approximately 6351.
Resolution 62, 1989, was unanimously approved by the City Council.
RESOLUTION 63,1989
Per a concensus of the City Council the City Clerk read, by title only,
Resolution 63, 1989, authorizing and directing the City Manager to file an
application requesting the portion of the Palm Beach County EMS Surcharge
Award Program Funds to which the City may be entitled.
Resoltuion 63, 1989, was unanimously approved by the City Council.
RESOLUTION 64,1989
Per a concensus of the City Council the City Clerk read, by title only,
Resolution 64, 1989, approval of Plat for Parcel C -IB of Frenchman's
40
Creek, annexed into the City on 12/15/88 via Ordinance 49, 1988.
Resolution 64, 1989, was unanimously approved by the City Council.
CITY COUNCIL REGULAR MEETING, 813189 PAGE 8
RESOLUTION 6571989 Per - Loncei ;us of the 6ity Council the City Clerk read, by title only,
Resolution 65, 1989, approval of Plat for Parcel C -2 of Frenchman's Creek,
annexed into the City on 12/!5/88 via Ordinance 49, 1988.
Resolution 65, 1988, was unanimously approved by the City Council.
RESOLUTION 66,1989 Per a concensus of the City Council the City Clerk read, by title only,
Resolution 66, 1989, providing recommendations to the Governor and
Cabinet, acting as the Transmission Line Siting Board, re:
Crane - Bridge- Plumosus 230 KV Transmission Line, recommending burial of the
transmission line within the selected corridor, and recommending cer-
tification of FP 8 L's alternate corridor 2A proposed by PGA Property
Owners Association, Inc., Old Marsh Partners, and Old Marsh Homeowners
Association.
Resolution 66, 1989, was unanimously approved by the City Council.
ORDINANCES
ORDINANCE 211 1989 Per a vote of 3 ayes and 1 nay of the City Council, the City Clerk read,
by title only, on first reading, Ordinance 21, 1989, rezoning from CN
(Neighborhood Commercial) in part, and PO (Professional Office) in part,
to PUD with underlying zoning of PO (Professional Office) District of the
Palm Beach Gardens Code, to be known as Prosperity Corporate Plaza, and
Site Plan approval for an office complex consisting of 3 three -story
office buildings on 7.71 acres located on the southwest corner of RCA
Boulevard and Prosperity Farms Road. Councilwoman Monroe cast the nay
vote, stating she was not prepared to place this Ordinance on first
reading.
Attorney Steve Mathison, authorized agent for Prosperity Gardens
® Development Corporation), addressed the City Council re: Ordinance 21,
1989. Mr. Jeffrey Ornstein, architect for the project, addressed the City
CITY COUNCIL REGULAR MEETING, 8/3/89 PAGE 9
Council, detaili;,g revised plans, stating there will be four 3 -story
buildings, in lieu of the proposed 4 -story buildings. The petitioner was
requested to obtain a letter from Y.ahart Pinder reaffirming what Kimbly
Horne has done and to have their traffic consultant include projects that
have already been approved in the area in the traffic statements.
The City Council requested the petitioner present color elevations showing
the landscaping. The petitioner stated they will replace 3 inch caliber
trees for every one inch caliber tree that was lost. The City council
requested the petitioner contact the Forester for this decision.
The petitioner requested, and the City Council agreed, to schedule
Ordinance 21, 1989, for workshop at the 81178189 City Council meeting and
for consideration of second reading and approval at the City Council
Regular Meeting of September 7, 1989.
ITEMS FOR
DISCUSSION
HIDDEN HOLLOW Councilm-n Russo stated he would not be participating in this discussion,
as he was Chief Financial Officer for the petitioner.
Mr. Hank Skokowski of Urban Design Studio, authorized agent for Sabatello
Development, detailed plans for an amendc,ent to "Hidden Hollow" PUD,
created 12/3/87 via Ordinance 16, 1987, located on the south side of
Northlake Boulevard at Howell Lane, proposed to consist of 37 single
family units in lieu of the approved 50 multi- family units. The peti-
tioner stated the right -of -way on Northlake Boulevard will require an
additional 10 foot dedication, which will be given to the City.
There will be a 6 foot high wall system along Northlake Boulevard, with a
stucco finish and landscaped. The petitioner proposed a right -of -way sec-
tion that was a little less than the standard adopted by the City Council
at their 7/6/89 meeting, however, has been recommended by the City
CITY COUNCIL REGULAR MEETING, $/3/89
40
PAGE 10
Engineer and approved by the Planning and Zoning Commission. The peti-
tioner agreed to right -of -way setbacks of 38' on streets that arc double
loaded and 37' on all other streets. The petitioner further agreed that
all streets in the development would be private.
The City Council directed the City Clerk to schedule this project for
first reading at the 8/17/89 meeting and second reading, consideration of
approval at the 9/7/89 City Council meeting.
NORTHCORP DRI
Attorney Lawrence Smith, authorized agent for Northcorp, addressed the
City Council re: status of Northcorp DRI. Attorney Smith stated there
were new requirements to the DRI process that have made it impossible for
this project to continue and the application will be withdrawn. Attorney
Smith the several individual projects will be brought before the City
Council as PUOs, however, some will be brought before the Site Plan and
Appearance Review Committee under existing zoning.
ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at
11:45 P.M.
APPROVAL
/�
MAYOR MARTINO OUNCILW6MAN MONROE
l / - 17
-/- , � <-� ems.
VICE MAYOR ALORED
LINDA V.''KOSIER, CITY CLERK
%�"CO,UNCILMAN KISELEWSKI
11/"./"// /"
,_ 60UN&R'M" :N Rl1SS
r
'! Northern Palm Beaches
Chamber of Commerce
I
July 6, 1989
Mr. John Orr, City Manager
City of Pala Beach Gardens
10500 N. Military Trail
I'al-m Beach Gardens, FL 33410
Dear Jahn:
Re: Clyde 'Beatty -Cole Brothers Circus
The Northern Palm Beaches Chamber of Commerce would like to
sponsor the Clyde Beatty -Cole Brothers Circus performances,
on November 20, 21, and 22, 1989 at the Cultural Site of The
Gardens; Mall. The circus will present two two -hour performances
each day, at 4:30 PM and at 8:00 PM. Mr. Ed Smith
of the Clyde Beatty Circus and I would like to bring this
request to the City Council at its July 20, 1989 meeting.
Enclosed for each of the Council members is an information
packet regarding the circus. As you will note from the packet,
i there are no games of chance and no carnival rides. In
addition, there is no liquor served. This is strictly family
' entertainment. Seating capacity is 3,000 spectators per
performance. This generates approximately 600 vehicles per
performance.
Electricity is provided by the circus's three dief--l- powered
generators and the circus has six self - contained portolet units.
The Chamber of Commerce will arrange for two twenty -yard
dumpsters, trash boxes and servicing of the portolet units.
In ndd Lt i,an, the Chaml)Pr of Cnmm -rce will obtain the Palm Bo,,ch
County Health Depaitment permit for the food concesuion trailer
and wiLl coordinate with Seacoast Utility Authority for the
water ,;upply.
To provide an additional comfort level for safety and security,
the Chamber will hire two police officers for each performance.
In ad4ttion, the Chamber will obtain the services of a local
Explorers Club or other civic organization to direct the on -site
parking.
Kathie Arrants of my offi -e and I attended a performance in
Deland, Florida on March 29th. We were both quite honestly
impressed. The animals were clean and well cared for, the tent
and other facilLties were well maintained, performers'
appearunc, and the quality of their performances was exceLLent.
I' +'1 i 4',r\ lil•. � • :'.„�� l„. h (,enl,•nti+ 1 L ;SS40R • (407) 694.2300
FORM 8R MEMORANDUM OF VOTING CONFLICT FOR
COUNTYl MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I A',T NAM[ —FIRST NAME — MIDI)it NAME NAME Of BOARD. COUNCIL. COMMISSION. AUTHORITY. OR C01IMITTEE
C r _
\1LIP1C, AUU6tLS5 THL HOARD, COUNCIL. CIL. 40MM15SION, ATHORITY, OR COMMITTEE ON
WHICH I "WL A A UNIT Of
(OUNTY OrHEK I OCAL A(,EN( Y
NA I POt IT14A1 SUBDIVISION
ACM ✓�` ;� /� C, rtio� -5 ,�L �'' -aL.�� ,1 -�/f �'�)l_... ;?,� ,��_ f-� C�., -�..4) - S
t)At L ON %HI( II V011r Tit t URR} tl MY PUSI t ION I]
�FLk(TiVE APPOINTIVE
WHO MUST FILE FORM ✓lam
This form is for use by any person serving at the county, city, or other total level of government on an appointed or elected board,
council, commission, authority, or t.onimittee 11 ipphes equaiiy to members of adviso, y and non - advisory bodies who arc presented
with a voting conflict of interest ut-der 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 to malting the disclosure required by law.
Your respons,bilmes under the law when raced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elccnt c or appointive position For IN% reason, please pay close attention to the instructions on this form
before completing the reverse side dnd filing the form
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1113.3143, FLORIDA STATUTES
ELECTED OFFICERS.
A person holding electise county, muntopal, or other total public ofllce MUST ABSTAIN from voting on a measure which inures
to his spectdl private gain Each local oiftter also is prohibited from knowingly sottng on a measure which inures to the special
gain of a principal (orlier than a government agenty) by whom he is reidlned
In either case, you should disclose the conflict
PRIOR TO THE VOTE BEING TA$%TN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from %ottng, and
WITHIN 0 DAYS AFTER THL VOTE, OCCURS by torriplcling and filing this form with the person responsible for recording
the minutes of the meeting, who should Incorporate the form to the minutes.
APPOINTED OFFICERS:
A person holding appointivc county, municipal, of other loc,il public office MUST ABSTAIN from voting on a measure which
inures to his special prtvatc gain Each local otlicel also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (othet than a government agency) by whom he is retained
A person holding an appointive local office otherwise may pdrlltlpatt: in a matter in which he has a conflict of interest, but must
disclose the nature of the i onili,t before making any 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 ATT EMPT To iNFI_UFNL E: THE DFC'[SION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN
�• You should complete and life this Corm (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the- meentig, who will incorporate the form in the minutes
• A copy of the form should be prosided immediately to the outer members of the ag:ricy
• The form should be read publicly at the meeting prior to aonstderatuin or the matter in which you have a conflict of interest
100%].(H w Nt, ". PAGE
r 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,
o You should complete the form and file it within 15 days after the vote occurs with the person responsible for reccrding the minutes
of the meeting, who should incorporate the form in the minutes.
E
DISCLOSURE OF LOCAL OFFICER'S INTEREST
hereby disclose that on
(a) A measure came or will come before my agency which (check one)
I/ inured to my special private train, OF
, 19 ?) .
- inured to the special gain r __- - -_ , by whom 1 ant retained.
(b) The measure before my agency and the nature of my rnreiest in the measure is as follows.
it
+o
Date Filed
Signature
NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), 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 OR EMPLOYMENT, DEMOTION, REDUCTiUN IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
k FORM ett iu 86 — —
P&'GE