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HomeMy WebLinkAboutMinutes Council 110598• CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING NOVEMBER 5, 1998 The November 5, 1998, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:30 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 Deputy City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Councilman Eric Jablin, Councilman David Clark, and Councilman Carl Sabatello. Vice Mayor Lauren Furtado was absent from the meeting. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted. • CITY MANAGERS REPORT City Manager Herakovich described the new public art brochure, which had been sent to residents and would be placed in hotels and other public places. Councilman Jablin volunteered to serve as the alternate to the Northlake Boulevard Task Force, and Councilman Sabatello was appointed alternate to Eastward Ho! The City Manager requested available dates to set up a meeting with the Riviera Beach City Council. City Manager Herakovich reported the City had hired an MIS Manager and a Code Enforcement Officer. No flooding had been experienced during recent rains. It was the consensus of the City Council to accept Jupiter's invitation to tour Abacoa. The City Manager requested that City Council members contact her if they could attend a retirement dinner dance for the Mayor of Riviera Beach. Construction Manager's Report Construction Manager Bill Mignogna reported on progress made in construction of the Municipal Complex since his last report. Mr. Mignogna reported progress on the ball fields and that the contractor was on schedule to have the fields completed on time. Progress was reported on the Police Station, City Hall, Fire Station, grading for the main entrance drive, and Military Trail trenching to the main sewer line as well as underground electrical service. Mr. Mignogna described several change orders for which approval was • CITY COUNCIL REGULAR MEETING, 11/5/98 2 F • requested. A requested change order to increase the size of the elevator was not approved. Councilman Clark made a motion to authorize proposed change orders numbers 3, 5, 8, 11, 12, 13, 14, 15 and 16. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote AWARDING OF BIDS Hystat Dozer Councilman Clark made a motion to approve the staff recommendation to piggyback off of the State contract to purchase a Cat D3GLX III Hystat Dozer with Allied Winch W3C attachment from Kelly Tractor Co., for a total sum of $64,017.00. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. Towing Contract Councilman Clark made a motion to award the City's Towing Services to Kauff's of Palm Beach, Inc. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. Grant Application Councilman Clark made a motion to approve the staff recommendation to authorize the City Manager to sign an agreement with Hemphill Planning & Financial Consulting Team Service to provide grant services associated with the Local Governments Grants in Aid program as sponsored by the Florida Legislature. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. ITEMS BY MAYOR AND COUNCIL Councilman Sabatello Councilman Sabatello reported he was still working on getting members for the Planning and Zoning Board. Councilman Jablin Mayor Russo reported the City Council had attended a meeting with a consultant regarding improving meetings, and that changes would be implemented during upcoming months. One item decided was that a consensus of three members of the City Council was necessary to direct staff to perform a request. Consensus of four members was given for Councilman Jablin's request that staff provide a memo regarding uniform term limits and uniform reappointment procedures for all members of advisory boards. Councilman Clark It was reported that the newsletter article had not produced applicants for the Beautification Committee as yet. • CITY COUNCIL REGULAR MEETING, 11/5/98 3 Mayor Russo Mayor Russo noted that he had attended the Economic Advisory Group meeting, and that the City and individuals had received a significant number of awards. COMMENTS FROM THE PUBLIC Mayor Russo announced public comments would be limited to three minutes. Siro DeGasperis Siro DeGasperis, 16 Martinique Cove, commended the City on the art brochure, Officer Sheenan for his attention to the needs of their community, and the City Council for their strict and tight scrunity of expenditures for the Municipal Complex. Mr. DeGasperis as President of PGA National POA encouraged the City Council to consider a safety buffer for the approximately 40 homes which would be close to the extra traffic lane to be installed on PGA Boulevard for the Golf Digest project. Mayor Russo requested that the residents hold meetings to decide the type of buffer they desired. Mr. DeGasperis reported he had sent a letter on behalf of the PGA National POA to the MPO proposing the proposed turnpike • interchange be located near Beeline Highway where it would least affect residents, however, the proposed location was in a location which would have the greatest disruption of the quality of life for the residents of Palm Beach Gardens. Mr. DeGasperis urged the City Council to support the residents' wishes to try to get the turnpike interchange located in an area where it would have the least impact on residents. Mayor Russo advised that the City Council would discuss this matter when Vice Mayor Furtado returned. CONSENT AGENDA Councilman Clark made a motion, seconded by Councilman Jablin to approve the Consent Agenda as presented. Councilman Sabatello commented he would vote for all items on the Consent Agenda except Item 8 which involved property which would be purchased by his company. Councilman Clark withdrew his motion and moved approval of the Consent Agenda with Item 8 withdrawn. Motion was seconded by Councilman Jablin, which carried by unanimous vote of 4 -0. The following items were approved on the Consent Agenda: 1. Approval of Minutes of 10/1/98 City Council Regular Meeting. 4. Approval of Minutes of 10/6/98 City Council Workshop . Meeting. 5. Approval of Minutes of 10/15/98 City Council Regular • CITY COUNCIL REGULAR MEETING, 11 /5/98 4 Meeting. 6. Proclaiming November 7, 1998, as "Arbor Day ". 7. Resolution 114, 1998 - Consideration of Approval of Western Northlake Planning Study as Planning Tool 9. Resolution 119, 1998 - Consideration of Approval of Hibiscus Restaurant Plat 10. Resolution 123, 1998, Consideration of Approval of Plat for BallenIsles Parcel 8A. 11. Resolution 124, 1998 - Consideration of Approval to Support Municipal Competitive Grant Program Funds for Enhancement of Emergency Management and Mutual Aid Programs. Councilman Clark made a motion to approve Item 8, Resolution 118, 1998, Consideration of Approval of Plat for BallenIsles Parcel 20A & B, seconded by Councilman Jablin. Councilman Sabatello abstained because of a financial interest. Motion carried with 3 votes in favor, one abstention. • PUBLIC HEARING Ordinance 6, 1998 Mayor Russo declared the Public Hearing open, which was duly advertised 10/21/98, and held on the intent of Ordinance 16, 1998, providing for amendment to Article IV of Chapter 2 of the City's Code of Ordinances Entitled "Code Enforcement" by Providing for Code Enforcement Proceedings to be Conducted by a Special Master. Growth Management Director Roxanne Manning explained that Ordinance 6, 1998 was presented for consideration of second reading and adoption. Lee Jebb, 11811 Avenue of the PGA, Chair of the Code Enforcement Board, stated that she and the other members of the Code Enforcement Board objected to the decision to change to a Special Master system, and explained the makeup of the Board and the procedures they followed, and objected to spending taxpayer dollars when a capable volunteer board was available. Another resident expressed her opinion that businesses and individuals were not treated the same by the Code Enforcement Board and agreed with a Special Master system. There being no further comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Sabatello, City Council Liaison to the Code Enforcement Board, commented that the Code Enforcement Board had gone through a period of no staff support, but now the Code Enforcement Department had been restored with new • personnel who were competent and professional and the Code Enforcement now had proper staff support. Councilman Sabatello, • CITY COUNCIL REGULAR MEETING, 11/5/98 g Liaison to the Code Enforcement Board, expressed his opinion that the Code Enforcement Board had done a very good job under difficult circumstances and stated he would vote to keep the Board since he believed it would be an asset to the City if allowed to continue. Councilman Clark supported the Special Master system to avoid neighbors judging neighbors. Councilman Jablin expressed his opinion that based on Councilman Sabatello's remarks and changes made by the City, the Code Enforcement Board should be given another chance. Mayor Russo reported he had not heard complaints recently as in the past, and was in favor of continuing with the Board. Councilman Jablin recommended the Code Enforcement Board be monitored and if it was found not to be working properly to then reconsider the Special Master system. Councilman Jablin made a motion to deny Ordinance 6, 1998 and not to place on Second Reading. Motion was seconded by Councilman Sabatello. Councilman Clark stated he would vote in favor of the motion to show he was behind the decision of the City Council. Motion carried by unanimous 4 -0 vote. Councilman Sabatello stated he would continue to report to the City Council • regarding the Code Enforcement Board. RESOLUTIONS: Resolution 115, 1998 Councilman Clark made a motion to grant approval of Resolution 115, 1998, to Extend Term of Office for Two Members of the Board of Trustees of the General Employees' Pension Fund. The motion was seconded by Councilman Jablin, and carried by unanimous 4 -0 vote. Resolution 116, 1998 Both staff and a representative of the Art Advisory Committee recommended that the sculpture for the MacArthur Center Office Building be placed on the south side of the building. A representative for the petitioner supported the location at the fountain in the interior of the parking lot. Councilman Clark expressed his opinion that as a policy, art should be located on a main thoroughfare but in this case agreed to placement as recommended by the petitioner. Councilman Jablin expressed his opinion that the scale of this sculpture was too small for PGA Boulevard. Councilman Sabatello expressed his opinion that the location of each piece of art should be considered on an individual basis. Councilman Clark made a motion to approve Resolution • 116, 1998 with revision to Section 3 as read into the record by the City Attorney: that the sculpture shall be placed within the fountain • CITY COUNCIL REGULAR MEETING, 11/5/98 g located in the interior of the parking lot as reflected on the approved site plan. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. Resolution 117, 1998 Principal Planner Marry Minor presented the project for the Northlake /Congress Commercial Center which included Pollo Tropical and Walgreens. The City Council requested that in the future all landscape plans be mounted for easier viewing. Lou Gaeta, representative for the petitioner, stated petitioner agreed to the staff conditions except the signage location for Pollo Tropical. Discussion ensued. Donaldson Hearing, Landscape Architect for Walgreens, responded to Councilman Sabatello's request for landscaping to screen the parking lot by offering to install plants at 30 "x 30" instead of 24 "x 24 ". Petitioner was requested to use the same roof tile on both buildings. The next agenda item was considered in order to allow staff time to formulate language to accommodate the desired changes in Resolution 117, 1998, after which the following changes were read into the record by the City Attorney: Section 2, Condition 5, to continue the first sentence so . that it shall read, The applicant shall comply with all requirements of the roadway beautification and enhancement plan once same is established by the City of Palm Beach Gardens and shall maintain said improvements per City landscape maintenance standards which shall be adopted by the City of Palm Beach Gardens ... with the rest of the sentence to remain the same. New Condition 7 shall be added: Prior to issuance of first building permit, the site plan shall be revised to reflect that the roof tiles of both structures shall be the same color, texture, and style, to be selected by the applicant from one of the two tile colors presented, subject to final review by City staff. Councilman Clark made a motion to approve Resolution 117, 1998 with changes read into the record by the City Attorney. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. Resolution 120, 1998 Principal Planner Marty Minor presented the project for an Amendment to The Oaks PUD, known as The Oaks Center, to Eliminate the Second Story Space in the Easternmost Building, the Addition of Two Decorative Towers, and Connecting Three Buildings, for which staff recommended approval with nine conditions. Mayor Russo reported St. Mark's school would • stagger arrival and departure times to hopefully improve traffic conditions. Landscape Architect Donaldson Hearing spoke on • CITY COUNCIL REGULAR MEETING, 11/5/98 7 behalf of the petitioner. Resident Gary Nagle, 2560 Prosperity Oaks Court, presented a petition from residents of Prosperity Oaks objecting to reduction of the buffer from 48 to 43 feet. Pam Dodge, 1093 Raintree Court, representing homeowners of Town Oaks subdivision, expressed concern regarding what types of plants would be facing Burns Road, the building color, and safety of the access. Joan Gindlesperger, 1066 Raintree Lane, expressed concern regarding beautifying, landscaping, quality, and safety. Architect Ted Davis described architectural features. Consensus was not to reduce the buffer. Several items were discussed to be included in conditions of approval. After discussion, petitioner agreed to change the hedge and to install and maintain median landscaping. Building colors were reviewed. Because of the difficulty of incorporating the desired changes into the Resolution, it was agreed to bring it back in two weeks but to allow the petitioner to proceed with the process in the meantime. Resolution 121, 1998 Principal Planner Marty Minor presented the project for Approval of a Site Plan Amendment to Parcel 10, BallenIsles For the Entry • Way, Signage, and Landscaping. Councilman Clark made a motion to approve Resolution 121, 1998. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. ORDINANCES Ordinance 26, 1998 Because the petitioner had requested this item be delayed to a future agenda, consensus was to place consideration of First Reading of Ordinance 26, 1998, Providing for a Waiver from the PGA Boulevard Corridor Overlay Section 118- 280(g)(14), Entitled "Building Design Guidelines ". "Underground Utilities ", and a Modification to the Approved City Centre Landscape Plan on the agenda for the second meeting in December, 1998. It was decided that justification must be provided by petitioners in the future if they requested agenda items be pulled and considered at a future meeting. ITEMS FOR DISCUSSION Mayor Russo Mayor Russo commented there had been great participation at the meeting of the Economic Advisory Group in Riviera Beach that day. Councilman Clark Councilman Clark reported the Equestrian Task Force would hold an Equestrian Summit to discuss the future of the industry in the . County and would include the City's equestrian areas in their maps. • CITY COUNCIL REGULAR MEETING, 11/5/98 8 Councilman Sabatello Councilman Sabatello requested that language regarding the roadway beautification plan be applied to Burns Road where it might be widened. Councilman Clark requested the language also be applied to the section of Burns Road near the Municipal Center. Consensus was 4 -0 to apply the language to all of Burns Road. ADJOURNMENT There being no further business to discuss, upon motion by Councilman Jablin, seconded by Councilman Clark, the meeting was adjourned at 10:5.9p.n}/ APPROVAL: 0 ATTEST: JOSEPH R. RUSSO TEM ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILM CARL SABATELLO CINDY HA VEY, DEPUTY &4TY CLERK 0 FORM SOUNTY, 'NI ,AMI I'IRNI % % %II ; ;ZA— '4 L-l-o MAII IN6 \DDRI NN 8B MEMORANDUM OF VOTING CONFLICT FOR MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS MII)D1 1 NAME NAME OI- HOARD. ('OUN( II.. ('OMMISSIO%. AU 1 HORII Y. OR COMMI'llLE Cam- c4>-A ,%. I Ht BOARD. COUNCIL COMMISSION. AU1 HOR11) OR COMMITTEE ON S�^ WIIIfNItFR VF I \AIIAIII 114' CITY V �.COILIN1Y Pxutk " . �4 ez'x .) DATE ON WHICH VOIF. OCCURRFD )&-,vnY ❑ COUNTY ❑ O1 HER I.00AI. AGE \CY NAME OF POLITICAL SUBDIVISION: c �L1. (G• P>-9 U A/ MY POSITION IS: ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other focal 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 112.3113. 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 reverse 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 pri\ate 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 VOTE BEING TAKEN b\ 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 MUST ABSTAIN from wotine on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly \oting 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 b\ oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE !MEETING AT WHICH FTHE 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 A copy of the form should be provided immediately to the other members of the agency. 0 The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. ( E FOR b1 aH 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 1. (244c- #q • 5.4A -rw-' 4,-p ,hereby disclose that on t`'Qj- � - . 19 4a' (a) A measure came or will come before my agency which (check one) inured to my special private gain; or —i_ inured to the special gain of 54"TSL�,A ����+�'� l�"� �'�. -V-V� , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: �"' X-'r�'A &.0,; L-�- I 1 16 Iql> 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, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000. CE FORM 99 - 1.91 PAGE 2