HomeMy WebLinkAboutMinutes Council 012000CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
JANUARY 20, 2000
The January 20, 2000, 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.
Mayor Russo requested a moment of silent prayer for residents who
were ill or had suffered injury.
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 Lauren Furtado, Councilman David Clark, Councilman Eric
Jablin, and Councilman Carl Sabatello.
ANNOUNCEMENTS Mayor Russo stated the announcements were as posted
PRESENTATIONS
PGA Flyover Costs Principal Planner Kim Glas Castro provided the presentation and
recommended to proceed as DOT had now agreed regarding
architectural amenities. Surrounding property owners supported
the project; however, did not feel responsibility to share the cost
because they believed their individual property values would not be
increased. The Task Force desired to hold a workshop with the
City Council to discuss funding opportunities and to prioritize the
individual amenities to provide a working menu for DOT so that if
the costs became too high they would know which amenities could
be delayed to future phases. Ms. Glas Castro reported that the
position of DOT and the Governor was that architectural amenities
would be the responsibility of the City. A landscaping grant would
be available in a year or two and other funding sources were being
researched, including the possibility of a CRA. Discussion ensued
regarding funding sources. Mr. Foley of Catalfumo Company
reported on discussions with the Governor and funding which had
been agreed to by the Secretary of Transportation totaling
approximately $800,000 for aesthetics.
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CITY COUNCIL SPECIAL REGULAR MEETING, 1/20/2000
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CITY MANAGER REPORT
Construction Manager Report Ray Casto, Construction Manager, reported electrical problems
necessitated changes to the moving dates for the new Municipal
Complex. The updated moving dates were now Fire Department
on 2/7; Police Station on 2/14, and City Hall on 2/21. It was
decided to continue to hold meetings in the present Council
Chambers until it became necessary to move.
Census 2000 Update Principal Planner Kim Glas Castro reported that if the census forms
mailed to residents were not filled out and returned, census takers
would visit individual residences.
Klock Property Update It was reported that the City was waiting for DEP to issue a permit,
and that negotiations were still in progress with Seacoast Utilities.
COMMENTS FROM
THE PUBLIC
Virgil Blangy Mr. Blangy expressed concern with noise and danger from the
proposed FEC railroad crossing, and presented alternative
solutions. Growth Management Director Roxanne Manning
reported Plat 4 residents had presented a petition to the City in
August regarding the proposed railroad crossing. Mayor Russo
explained that working out traffic flows was just beginning and
would be a long process, and that meetings with residents would be
held. Councilman Jablin reported new technology of sounding an
alarm at only the crossing rather than having the train blow a
whistle, and asked that alternative be researched.
CONSENT AGENDA Vice Mayor Furtado moved approval of the Consent Agenda minus
Item 4, Resolution 7, 2000, as it had been determined the City was
not eligible for this grant at this time. Councilman Clark seconded
the motion. The following items were approved on the Consent
Agenda:
1. Resolution 140, 1999 - Consideration of Approval of a
Master Site Plan for the Construction of a Multi- Purpose
Building, a Future Sanctuary and the Expansion of the
Educational and Administrative Facilities and a Phase One
Site Plan for the Multi- Purpose Building for Nativity
Lutheran Church.
2. Resolution 1, 2000 - Consideration of Approval of a Sign
Variance for DiVosta & Company Ground Signs.
3. Resolution 3, 2000 - Consideration of Approval of an
Interlocal Agreement Establishing Membership in the
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CITY COUNCIL SPECIAL REGULAR MEETING, 1/20/2000
Municipal Public Safety Consortium of Palm Beach County.
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PUBLIC HEARINGS
Ordinance 45, 1999 Mayor Russo declared the public hearing open, held on the intent
of Ordinance 45, 1999 - Providing for an Amendment to Ordinance
12, 1998, Approving a PUD to Amend the Elevations and signage
for The Lone Pine Project Located at the Northeast Corner of Lone
Pine Road and Easterly Avenue, continued from the 12/2/99 City
Council meeting. Staff comments were made. Bob Bentz, agent,
spoke on behalf of the petitioner, noted changes made since the last
meeting, and presented elevations. Hearing no comments from the
public, Mayor Russo declared the Public Hearing closed.
Councilman Clark moved that Ordinance 45, 1999 be placed on
Second Reading by title only and approved. Vice Mayor Furtado
seconded the motion, which carried by unanimous 5 -0 vote. The
City Clerk read Ordinance 45, 1999 on Second Reading by title
only.
Ordinance 51, 1999 Mayor Russo declared the public hearing open, held on the intent
of Ordinance 51, 1999 - Providing for Amendment to Ordinance
34, 1999 to Allow for an Extension of a Date Certain Condition of
Approval Relating to the Calculation of Parking Requirements from
1/2/00 to 4/1/00 at the Site Known as Christ Fellowship, continued
from the 1/6/00 City Council meeting. Staff comments were made
which included concerns expressed at the prior meeting. Attorney
Alan Ciklin spoke on behalf of the petitioner, verified that all
operations would be on one side of the street after completion of
the sanctuary, and addressed other concerns. It was clarified that
the management document that had previously been presented was
not a final plan but that work would continue to establish a
management plan. Concern was expressed that the City not
become involved in policing the plan, and that the Church take into
consideration the sensitivities of neighbors close to the church. The
importance of implementation of the plan was discussed. Joan
Altwater, neighbor of the facility, was pleased that a plan would be
put into writing. Mayor Russo explained that the City could act if
the plan was not followed. Ms. Altwater expressed hope that the
Homeowners Associations would be notified of special events at
the church. Mayor Russo, Councilman Jablin, and Councilman
Clark expressed hope that the church would abide by the plan in the
future and stated their intention to vote for this Ordinance tonight
as a show of good faith. Hearing no further comments from the
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CITY COUNCIL SPECIAL REGULAR MEETING, 1/20/2000
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public, Mayor Russo declared the Public Hearing closed. Vice
Mayor Furtado moved that Ordinance 51, 1999 be placed on
Second Reading by title only and approved. Councilman Clark
seconded the motion. The motion carried by unanimous 5 -0 vote.
The City Clerk read Ordinance 51, 1999 on Second Reading by title
only.
Ordinance 52, 1999 Staff comments were presented. Mayor Russo declared the public
hearing open, held on the intent of Ordinance 52, 1999 - Providing
for Rezoning of 2.95 Acres of Land Located on the South Side of
PGA Boulevard, East of BallenIsles Drive, continued from the
1/6/00 meeting. Hearing no further comments from the public,
Mayor Russo declared the Public Hearing closed. The City
Attorney advised Councilman Sabatello to recuse himself from
voting on this Ordinance because he was one of the owners of this
property, even though this Ordinance would result in no monetary
gain for Mr. Sabatello. Vice Mayor Furtado moved that Ordinance
52, 1999 be placed on Second Reading by title only and approved.
Councilman Clark seconded the motion, which carried by
unanimous 4 -0 vote, with Councilman Sabatello abstaining. The
City Clerk read Ordinance 52, 1999 on Second Reading by title
only.
Resolution 6, 2000 Principal Planner Kim Glas Castro presented the request for
Consideration of Approval of a Sign Variance for Cathedral of St.
Ignatius Loyola Ground Sign. Staff recommended approval of the
requested variance. Petitioner presented the request, described the
hardship, and provided photographs in support of the petitioner's
position. Mayor Russo declared the public hearing open, held on
the intent of Resolution 6, 2000, which had been duly advertised,
for consideration of approval. Resident Siro DeGasperis spoke in
favor of the request. Hearing no further comments from the public,
Mayor Russo declared the Public Hearing closed. Councilman
Clark moved that Resolution 6, 2000 be approved.. Councilman
Jablin seconded the motion. During discussion of the motion,
Councilman Sabatello stated he did not feel the petitioner proved
a hardship and stated he would vote against Resolution 6, 2000.
Motion carried by 4 -1 vote, with Councilman Sabatello casting the
nay vote.
RESOLUTIONS
Resolution 5, 2000 Vice Mayor Furtado moved approval of Resolution 5, 2000 -
Consideration of Approval for an Amendment to Resolution 96,
1999, for Extension of a Date Certain Condition of Approval
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CITY COUNCIL SPECIAL REGULAR MEETING, 1/20/2000
ORDINANCES
Ordinance 2, 2000
ITEMS AND REPORTS
BY MAYOR AND
COUNCIL
Vice Mayor Furtado
Councilman Jablin
5
Relating to the Completion of Improvements on the Site Known as
Christ Fellowship. Councilman Clark seconded the motion, which
carried by unanimous 5 -0 vote.
Principal Planner Kim Glas Castro presented the request to place
Ordinance 2, 2000 - Providing for an Amendment to the City's
Comprehensive Plan by Changing the Land Use Designation on
2.59 Acres of Land Located at the Northeast and Northwest
Corners of Military Trail and Northlake Boulevard on first reading
by title only. Councilman Clark made a motion to place Ordinance
2, 2000 on First Reading by title only. Councilman Jablin seconded
the motion, which carried by unanimous 4 -0 vote. The City Clerk
read Ordinance 2, 2000 on First Reading by title only.
The Vice Mayor reported that an expired interlocal agreement
between the City and County could be resurrected which might
provide funds for widening a section of Burns Road. Vice Mayor
Furtado reported it was believed the City Engineer's cost figures
included the pedestrian walkway under the bridge and that HOV
lanes were to be installed in 2005. A representative from the City
Engineer's office reported that the Governor had announced a
Mobility 2000 program since the last City Council meeting, which
included improvements to I -95 between PGA Boulevard and Blue
Heron Boulevard to be made in 2005. This program could provide
an opportunity to replace the Burns Road overpass. The Vice
Mayor cautioned that the overpass must be replaced before
construction of the PGA Flyover. Councilman Jablin questioned
whether the City could go ahead with the project and get
reimbursed when the HOV lanes and other projects were funded,
to which the Vice Mayor responded that was a possibility.
Discussion of funding ensued. Staff was directed to check on
possible County funds and other possible funding sources. Vice
Mayor Furtado requested an alternate for the Northlake Boulevard
Task Force, and reported contract negotiations were continuing
with a design firm.
Councilman Jablin presented alternative profiles for the frame of
the City Seal.
Mayor Russo The Mayor thanked the staff for their work for the City's 40th
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CITY COUNCIL SPECIAL REGULAR MEETING, 1/20/2000 6
Birthday Party. The Mayor urged everyone to visit Devonshire.
Mayor Russo expressed his opinion, and that of the City Manager,
that requested speakers at Homeowners Association meetings
should be elected officials. The City Manager stated either he or
the Assistant City Manager would also attend. Mayor Russo
reported he had met with members of the School Board and City
staff members, and learned that there would probably not be a new
school built in Palm Beach Gardens for seven to ten years, which
had been decided based on a study of past development. Mayor
Russo expressed concern that this decision did not take into account
the MacArthur Foundation divestiture of land in the City. Mayor
Russo explained that new figures were being calculated for the
current situation but those would not be adopted before the
concurrency interlocal agreement needed to be signed. It was
recommended that a consultant be hired to present a plan to the
School Board as soon as possible. Consensus was not to sign the
interlocal agreement until the numbers were updated and there was
an understanding of where the students in Palm Beach Gardens
would attend school, and to obtain a consultant's report before that
time which would justify the numbers.
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CITY COUNCIL SPECIAL REGULAR MEETING, 1/20/2000 7
ADJOURNMENT There being no further business to discuss, upon motion by
Councilman Clark, seconded by Vice Mayor Furtado, carried 5 -0,
the meeting was adjourned at 9:20 p.m.
APPROVAL:
ATTEST:
L A OSIER, CMC, CITY CLERK
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FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
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WHO MUST FILE FORM 88
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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%er-e side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective count,,, municipal, or other local public office MUST 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.
In either case. you should disclose the conflict:
PRIOR TO THE COTE BERG TAKE` b% publicly hating to the a,•embly 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 Rain. 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 MAKE ANY ATTE`IPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING 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 ,hould be provided immediately to the other members of the agency.
• The form ,hould be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
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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.
• 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 )-Ay a!q-e y oZD o o D
(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 . by whom I am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317 (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 FORM 58 . 1.41 PAGE