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HomeMy WebLinkAboutMinutes Council 011801CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING January 18, 2001 The January 18, 2001 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 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 the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember David Clark, Councilmember Lauren Furtado, and Councilmember Carl Sabatello. CITY MANAGER REPORT: Growth Management Report - Mayor Russo announced City Engineer Dan Clark had taken his daughter to the emergency room but expected to arrive later in the meeting to provide a report on the Burns Road improvements. Interim City Manager Ferris reviewed the objectives he had been given when hired on October 5, 2000 and his accomplishments regarding each objective; and submitted his resignation effective February 2, 2001, advising that he had accepted a private sector permanent position. Mayor Russo expressed thanks to Mr. Ferris for accomplishing an unbelievable task in bringing the City back to a positive direction. Mayor Russo commented he was happy for Mr. Ferris in his new position. Councilwoman Furtado personally thanked Mr. Ferris for his kindness and his great job for the City. Vice Mayor Jablin echoed his thanks and appreciation. COMMENTS FROM THE PUBLIC: Rick Greene addressed Council about concerns he has about fill issues relative to the Catalina Lakes project. Interim City Manager Ferris advised he would appoint a committee consisting of the City Engineer, Growth Management Director, and City Attorney to meet with the development community to make suggestions for that issue and they would start work next week. Joan Elias, 1009 Diamond Head Way, expressed sorrow that Interim City Manager Ferris was leaving and thanked him for all he had done for the City. CONSENT AGENDA: Councilman Clark moved approval of the Consent Agenda. Vice Mayor Jablin seconded the motion. Motion carried by unanimous 5 -0 vote. Staff advised that Resolution 105, 2000 had been changed to include the revised exhibits listed in Section 5 of the Resolution that were requested by the City Council. The following items were approved on the Consent Agenda: 1. Consideration of approving Minutes from the December 12, 2000 Joint Special Meeting of the City Council and the Planning and Zoning Commission. 2. Consideration of approving Minutes from the December 19, 2000 City Council Workshop Meeting. 3. Consideration of approving Minutes from the December 21, 2000 Regular City Council Meeting. 4. Resolution 8, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, CITY COUNCIL REGULAR MEETING, 1/18/01 2 Florida, approving the Regional Center - Parcel 27.04 Plat, and providing for an Effective Date. 5. Resolution 9, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Approving the BellSouth Building Expansion Plat, and providing for an Effective Date. 6. Resolution 11, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Providing for an Amendment to the Site Plan, Including Approval of a Waiver from Section 136 of the Land Development Regulations, to allow for a monument sign to be located in an insufficient landscape area at Shoppes on the Green, Located at 7100 Fairway Drive within the PGA National Planned Community Development; and providing for an Effective Date. 7. Resolution 14, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Authorizing the City to Enter into an Interlocal Agreement and to become a Member of the Florida Intergovernmental Finance Commission; Authorizing the Execution and Delivery of an Interlocal Agreement in Connection as Defined Therein; Authorizing Certain Other Matters; Providing for Conflicts, Providing for Severability, and Providing for an Effective Date. 8. Resolution 15, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Expressing the Council's Declaration of Intent to Reimburse Certain Original Expenditures with Proceeds of Certain tax - exempt Obligations; Providing for Conflicts; Providing for Severability; and Providing for an Effective Date. 9. Resolution 16, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Authorizing the Mayor and City Clerk to Execute an Agreement with Absolute Irrigation Services; Providing for Conflicts; Providing for Severability; and Providing for an Effective Date. 10. Resolution 105, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Providing for the Approval of a Site Plan for a Senior Assisted Living Facility (La Posada) located within the Regional Center Development of Regional Impact (DRI) Consisting of 301 Units, as more particularly Described herein; Providing for Six Waivers to Allow the Addition of 209 Covered Parking Spaces, the Location of Covered Parking Spaces within the Required 100 -Foot Setback, the Elimination of Two Sidewalks, a Reduction in the 15 -foot Landscape Buffer, the Reduction in the Street Side Setback along the Eastern Perimeter, and the Encroachment of Structures within the Lake Maintenance Easement Tract; Providing for an Amendment to the Master Signage Program for the DRI as Adopted in Resolution 64, 1998 to Modify the Design and Location of the Permitted Signs and Add Two Directional and Two Directory Signs to the Master Signage Program; Providing for Conditions of Approval. RESOLUTIONS: 11. Resolution 21, 2001 A Resolution of the City Council of the City of Palm Beach Gardens, Florida, appointing the Supervisor of Elections to the City's Canvassing Board and authorizing the Supervisor of Elections to act on the City's behalf, Providing for Conflicts; Providing for Severability; and Providing for an Effective Date. Vice Mayor Jablin made a motion to approve Resolution 21, 2001. Councilman Clark seconded the motion, which CITY COUNCIL REGULAR MEETING, 1/18/01 carried by unanimous 5 -0 vote. PUBLIC HEARINGS: K Ordinance 32, 2000 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 32, 2000 - An Ordinance of the City of Palm Beach Gardens, Florida, Providing for the Approval of an Application from St. Mark's Church, Inc. for an Amendment and Expansion of a Planned Unit Development by Approving the Construction of a 14,000 square -foot School Building, a 945 square - foot Church Addition, and a Limited Time Extension for a Trailer on an 11 Acre Site, Located at the Northeast and Northwest Corners of Burns Road and Gardens East Drive, as More Particularly Described herein, Providing for Conditions of Approval; Providing for Waivers; Providing for Severability; Providing for Conflicts; and Providing an Effective Date. Planner John Lindgren reviewed the project and changes which had been made in accordance with City Council comments. Attorney Ray Royce, agent for the petitioner, indicated the petitioner had agreed to all comments by the City Council and suggested that the condition regarding police directing traffic should be clarified to begin upon the opening of the new building. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark made a motion to approve Ordinance 32, 2000 on Second Reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 32, 2000 on Second Reading by title only. RESOLUTIONS: Resolution 29, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Amending Resolution 55, 1998 to Allow for the Construction of Covered Parking for 66 Existing Approved Parking Spaces in the Fairway Office Center Located within the PGA National Planned Community District; and Providing for an Effective Date. Planner John Lindgren reviewed the project, including three waivers and one condition of approval. Architect Bill Tracy, representative for the petitioner, indicated the request had been made in response to requests for covered parking spaces from tenants. Councilman Sabatello expressed his opinion that with so much of the parking being covered it should be within a hard structure rather than canvas tops. Mr. Tracy reported the POA had expressed preference for the canvas tops, and the owner had requested a drawing of only 5% covered canvas top parking, which would be within the code. Consensus was the City Council preferred a permanent structure and petitioner should decide on a specific request and return with representatives of the POA. Resolution 10, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Providing for Approval of an Amendment to a Planned Unit Development Within the Regional Center Planned Community Development Located at 3801 PGA Boulevard, Otherwise Known as Gardens Corporate Center, to Provide for Additional Sign Locations; Providing Approval of Waivers from Section 136 of the City's Land Development Regulations to Allow Additional Wall Signs and Two Signs Located Beneath the Tenth Floor Parapet; Providing for Conflicts; Providing for Severability; and Providing for an Effective Date. Mayor Russo stepped down due to conflict of interest. Senior Planner Edward Tombari reviewed the petitioner's request. Councilmember Furtado commented she had spoken to the attorney for the petitioner but it would not affect her vote. Attorney John Gary provided a presentation on behalf of the petitioner. Hank Skokowski, representing PGA Partners, developers of City Center, which had requested upper level building identification signage that had been denied by the City Council, presented an objection and requested CITY COUNCIL REGULAR MEETING, 1/18/01 4 the City Council consider the fairness of the current request. Mr. Skokowski indicated the Grand Bank building was two separate buildings with only one sign on each facing PGA Boulevard while this request included two signs facing PGA Boulevard, and indicated all five waiver requests were for large building identification signs. Councilman Sabatello discussed the signage and stated he supported the waivers on this petition based on the viewing of the signs and the angles of how they were located on the building, and above the sixth floor because of the flyover, with which the other Councilmembers agreed. A recommendation was made to designate a flyover zone within which signage could be above the 4th floor without waivers. Councilman Clark made a motion to approve Resolution 10, 2001. Councilwoman Furtado seconded the motion, which carried by unanimous 4 -0 vote. Resolution 13, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Providing for Approval of a Site Plan for the Construction of 51 Single - Family Units on 19.53 Acres Within Parcels 15 and 16A in the BallenIsles Planned Community District; Providing for Conditions of Approval and Waivers; Providing for Conflicts; Providing for Severability; and Providing for an Effective Date. Senior Planner Edward Tombari reviewed the project. Ann Booth, Urban Design Studio, spoke on behalf of the petitioner. Buffer D landscape maintenance and plant replacement was discussed. John Tiffany with BallenIsles explained a buffer was approved by the City Council in 1997 with exotics to stay in place until they died after which they must be replaced within 60 days with similar plants that were native. Consensus was to remove condition 4 regarding buffer D so petitioner would not have to install additional plantings but could proceed with the approved PCD approval. The City Engineer discussed drainage concerns regarding the ability of being able to make repairs within a 15 -foot easement. Councilman Clark made a motion to approve Resolution 13, 2001 with the following amendments: that Condition 4 in Section 2 be deleted and that Condition 6 be modified to read that no trees or vertical construction shall be permitted within drainage easements, thereby striking the reference to building overhangs. Vice Mayor Jablin seconded the motion. During discussion of the motion, Councilwoman Furtado requested the City look at the buffering to assure the small trees would survive before something happened to the large vegetation. Motion carried 5 -0. Resolution 19, 2001 - Planning and Zoning Commission Appointments. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for appointments of members and alternate members to the Planning and Zoning Commission of the City; and Providing for an Effective Date. Councilman Sabatello explained that Mr. Glidden, Mr. Kunkle, Mr. Channing, Mr. Solomon, and Mr. Present were current members whose terms were requested to be extended; the new appointments requested were for Mr. Volante, Mr. Ansay, Mr. Tarr, and Mr. Kendall. Councilman Clark made a motion to approve Resolution 19, 2001 with the correction of the spelling of John Glidden's last name. Councilwoman Furtado seconded the motion, which carried by unanimous 5 -0 vote. ITEMS FOR COUNCIL ACTION: Burns Road Improvements - Capital Costs and Maintenance Costs - City Engineer Dan Clark described proposed improvements to the East End of Burns Road and addressed the following items: CITY COUNCIL REGULAR MEETING, 1/18/01 access to Tropical Sands Christian Church, Allamanda Drive traffic calming measures, buffering on the north and south sides of Burns Road, and some improvements to the median in the vicinity of Sandalwood to the hospital. Estimated costs were approximately $463,000 for the church improvements, the traffic calming, the north buffer and some additional wall along the Oaks East area, landscaping the wall on the south side, and the additional median, which City Engineer Clark explained that the property acquisition costs could be offset with these additional capital costs. Agreement had been reached with the affected parties to maintain their sections, so that the City would have no long -term maintenance costs. Richard Beladino, President of Siena Oaks Homeowners Association, indicated he had expressed concerns at the September 21, 2000 City Council meeting regarding the impact the Burns Road widening would have on their neighborhood, which had been resolved through subsequent meetings with Councilman Sabatello and City Engineer Clark, and indicated that the affected neighborhoods would be very happy to see the proposed improvements implemented. Harvey Stern, President of the Oaks East Homeowners Association, indicated their association also supported the City Engineer's recommendations. The Finance Director explained that costs would be paid from road impact fees and grant funding from FDOT. City Engineer Clark discussed proposed improvements by FDOT for the bridges on Holly Drive and Burns Road resulting from widening of I -95, as well as changes the City had requested from FDOT. City Engineer Clark reported FDOT had indicated September 2001 as the date for beginning construction of the flyover, that Burns Road west improvements should begin by May, 2001, and Burns Road east improvements by July, 2001. I -95 widening was to start the first quarter of 2004. The City Engineer was requested to contact FDOT to request buffering for the Tanglewood property during the I -95 widening. Mayor Russo requested the City expedite the approval of the Legacy Place Project in light of current economic forecasts. Councilman Sabatello indicated the petitioner needed to address comments from the Planning and Zoning Board, and Interim Growth Management Director Steve Cramer indicated the planning process would begin during the coming week. Freedom Shrine Exhibit - Assistant to the City Manager Beth Ingold Love reported this was a request from the Exchange Club of the Northern Palm Beaches and former Councilman Don Kiselewski had planned a presentation but had not yet arrived. Councilwoman Furtado was in favor of the exhibit and expressed disappointment that the Art Task Force had objected to placing it in the lobby. Dr. Ingold Love reported the Art Task Force had no objection to placing the exhibit in the Council Chambers. Consensus was that the City Council favored placing the exhibit within the Municipal Complex but wanted to see what it looked like, wanted the Art Committee to see it, and then decide on placement. ITEMS & REPORTS BY MAYOR AND COUNCIL: Councilwoman Furtado announced the sign at the storage facility on Burns Road would be changed to bronze letters on stucco finish. Councilwoman Furtado reported she had attended the MPO meeting and advised that the report on the 4- quadrant gates was anticipated for the end of April, and that the PGA Bridge would only open twice during 2 hours of morning rush hour traffic and only if there were boats waiting. The height from the water to the bridge had been found to be incorrect and the sign would be changed from 10' to 14', which would allow many more boats to go under the bridge. The hours of 4 -7 p.m. had been designated for restricted bridge openings in the afternoon. Councilwoman Furtado requested a letter of thanks be sent to FDOT for their cooperation. Consensus was to support the MPO opposition to the bullet train issue. Councilwoman Furtado CITY COUNCIL REGULAR MEETING, 1/18/01 6 requested landscaping for the Municipal Center be delayed because of the current drought, to which the response was to have the City Forester provide a report on this issue. Councilwoman Furtado reported there was a telephone or light pole in the middle of the sidewalk in front of NorthMil Plaza, which staff was requested to address. Mayor Russo reported he, Vice Mayor Jablin, and Mayor Pro Tern Sabatello had attended the DOT meeting at which a decision had been made to look at relocating the turnpike exit south of Beeline Highway. Vice Mayor Jablin thanked Representative Atwater for his help with the turnpike exit issue. Mayor Russo reported the Economic Development group had met and expressed his enthusiasm for that effort. Mayor Russo reported Mr. Catalfumo planned to meet with the County regarding resolution of an issue for which there had been a lawsuit. Freedom Shrine Exhibit - Former Councilmember Don Kiselewski arrived and provided a presentation on the efforts of the Exchange Club to promote Americanism and to make Americans aware of their historical documents by displaying them in prominent places. Mr. Kiselewski requested that the shrine placed in the Community Center in 1982 be removed from its current location in the Riverside Center, and suggested the freedom shrine be placed outside the door to the Council Chambers. Mr. Kiselewski described some of the documents and explained the documents would be exhibited on 28 plaques. Consensus was to display the exhibit and that the Vice Mayor would discuss placement with the Art Committee. Mayor Russo reported Mr. Ferris had agreed to meet with the City Council as a facilitator after his employment had been terminated. ADJOURNMENT: There being no further business to discuss, upon motion by Councilman Clark, seconded by Vice Mayor Jablin, carried 5 -0, the meeting was adjourned at 9:40 p.m. APPROVAL: I-- PGIAybffJOSfPt K. Russo v YOR CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO CITY COUNCIL REGULAR MEETING, 1/18/01 ATTEST: CAROL GOLD(g, CITY CLERK 7 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I SCSI ♦AMI 1IRS1 S % %II MIDDI1 \. \M' NAMEOFHOARD. CUIINC11.(' OMMISSIO %.AUI11OX11Y.ORC'OMMITILE DD 0 \ ` L �b�Ll4- 1 %4 111 U)IIRI SS I Hi• HOARD. OUNCIL COMMISSION. AM HORIiI OR COMM117EE ON WIIICH I SERVE IS A UNll OF CnY 0 COUNTY O OTHER LOCAL AGENCY Y' ('Of! %. IN "�k'// NAAM4EE- r POLITiC1Utl_DIVISIIION: / DAl'E O% 'HICH \'OI F O('CVRRFD MY POSITION IS I 1 a )p I ELECTIVE O APPOI %TIVE WHO MUST FILE FORM 88 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 applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143. Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason. please pay close attention to the'instructions on this form before completing ;he re\erse 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 \oting on a measure which inures to his special private Bain. Each local officer`also is 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. In either case, you should disclose the conflict: PRIOR TO THE COTE 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, or other local public office `LUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is 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 otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict 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 %IAKE .ANY ATTE`1PT TO INFLUENCE THE DECISION PRIOR TO THE ylEET1NG AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (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 provided immediately to 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 r. - _'iR\A 0A �'(.E IF YOU NIAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: a You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on , I t 19 (a) A measure came or will come before my agency which (check one) inured to my special private -gain; or inured to the special gain of (b) The measure before my agency and the nature of my interest) in the measure is as follows: Lr O r O -2- E> o } 1 ► fl } Date Filed by whom I am retained. 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. REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55.000. CE FOR %1 59 - 1.91 PAGE