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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. IV M 2 4 CITY COUNCIL SPECIAL REGULAR MEETING, 1/20/2000 4 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 WM "W25 CITY COUNCIL SPECIAL REGULAR MEETING, 1/20/2000 Municipal Public Safety Consortium of Palm Beach County. 3 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 a"" C" me CITY COUNCIL SPECIAL REGULAR MEETING, 1/20/2000 4 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 wsmm,27 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 W14WW,28 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. ,vJJ5%29 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 ,�vm CA 3 4 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS l ♦�I T��(1 IIK\1 \ \III \1I1)I)11 \. \MF v. \MF.Uh�AKD. ('OIIM1(II.('UMMtti110 \, h11111KIlY.UKC'UMMIIIE•.E \( %11 1%(; NIH)KI ss 1 Ht HOARD. COUNCIL. CUINMISSION. AUTHORIIY OK COMMnTEE ON %� ^ WHICH I SERVE IS A 11'411 OF 1Z7111 " " C1. tY O COUNTY O OTHER LOCAL AGENCY COUNI �NAME OF /'_V POLITICAL tiUHOlvt /j� DA1'E ON WHICH VOIF (X'CPRKFD C� 4 MY rrtoN IS c j�IVU��/�/ �Q �QQD ELECTIVE O APPOINTIVE WHO MUST FILE FORM 88 J 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. F - 1 M bl .q II %(.F 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: WIN Dat 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