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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