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HomeMy WebLinkAboutMinutes Council 110493CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS NOVEMBER 4, 1993 The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Mayor Russo at 7:30 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 Russo, Vice Mayor Monroe, Councilwoman Furtado, and Councilman Clark. Councilman Jablin arrived at 7:50 p.m. ITEMS BY THE CITY MANAGER The City Manager introduced Jim Waldron, Human Resource Director, who started his employment with the City on November 1, 1993. The City Manager stated the residents of Siena oaks and the developer have signed an agreement on the landscaping berm. The City Manager reported that the Space Allocation Committee would be making a presentation at the next Regular Council meeting. The City Manager requested $100,000 to be taken from the last fiscal year budget be set aside for seed money for remodeling of city buildings. The City Manager stated that if it was not set aside the money would have to go back into the CITY COUNCIL REGULAR MEETING, 11/4/93 PAGE 2 reserve fund. It was the consensus of the City Council to not approve encumbering the monies at this time, feeling that the money would be in reserve and available in the future if the need should arise. In response to the City Manager, it was the consensus of City Council to not permit Palm Beach Community Church to appear before the City Council before they have completed their approval /disapproval with the Planning and Zoning Commission. The City Manager thanked The Gardens Mall for their community participation in Halloween. The City Manager further reported that the Cityfs Country Western Hoedown was well attended and supported by the community. ITEMS BY THE MAYOR AND CITY COUNCIL Councilwoman Furtado Councilwoman Furtado stated the Military Task Force Committee has requested to be put on the next City Council agenda for a presentation regarding options submitted by Palm Beach County. The Task Force will meet next Wednesday. Councilwoman Furtado reported she was involved in a press conference today referencing the problems in the schools and trying to involve the parents and the business community. Councilwoman Furtado discussed safety factors and the various problems resulting from the lack of safety constraints. CITY COUNCIL REGULAR MEETING, 11/4/93 PAGE 3 Councilman Jablin Councilman Jablin reported on a meeting of the City's Landfill Committee where John Kahn of the DEP discussed the Dames & Moore Study. The Committee has requested additional time to do a sufficiency study that would take 2 -6 months. Councilman Jablin stated he met with people from PGA National, Caloosa and PBIA to discuss the noise monitoring system for the new Northern Palm Beach County General Aviation Airport. Councilman Jablin reported that the airport would be open some time in April. Mayor Russo stated he also met with the above people regarding the airport in an effort to coordinate the opening weekend ceremonies. Mayor Russo pointed out that the City has an Interlocal Agreement regarding the airport whereby anytime the airport waivers from provisions of this agreement they must first receive the approval of the County Commission and the City Council. Mayor Russo In response to a concern expressed by Mayor Russo, City Manager Herakovich will write a letter to the County requesting reasons for delays in the install- ation of the traffic signal at Gardens East Drive and Burns Road. CITY COUNCIL REGULAR MEETING, 11/4/93 PAGE 4 Mayor Russo stated he was also concerned with the Ryder Cup Boulevard /PGA Boulevard traffic light and requested the City Manager include this concern in her letter. In response to the Mayor, the City Manager stated that the final touches are being done to the Request for Proposals for the City's Golf Course. Mayor Russo stated that there was a private individual that is doing something with our golf course, however, he did want to remain confidential at this time. Mayor Russo felt that through this individual and his negotiations with the County there should be some sort of resolution in the next 30- 60 days that will benefit the City. Mayor Russo suggested there be coordination with various religious beliefs regarding lighting and decorations for the holidays. The City Manager suggested a holiday lighting without reference to any religion. The City Manager would work with the City Attorney regarding legalities of holiday decorations. COMMENTS FROM THE PUBLIC Sam Carsillo Sam Carsillo, resident of Palm Beach Gardens, addressed the City Council regarding train whistles, sidewalks for the library, and walkway at the under- CITY COUNCIL REGULAR MEETING, 1114193 PAGE 5 pass on Burns Road. CONSENT AGENDA Vice Mayor Monroe requested Items 3 and 6 be removed for minor corrections. Mayor Russo stated that Item 2 also would be pulled for discussion. Vice Mayor Monroe made a motion to approve the remainder of the consent agenda, seconded by Councilman Clark. Motion was unanimously carried. The following items were approved on the consent agenda: 1. Approval of minutes of the 10/21/93 Regular Meeting. 2. Resolution 130, 1993 - Approval of landscaping for BallenIsles Construction Entrance. 3. Resolution 131, 1993 - Approval of Lake Catherine Landscaping Modification. Resolution 128, 1993 Vice Mayor Monroe requested that Resolution 128, 1993, be amended as follows: 2nd WHEREAS, second line, change the word "change" to "chance ". Vice Mayor Monroe made a motion to approve Resolution 128, 1993, as amended; seconded by Councilman Clark. Motion was unanimously carried. Festa Italiana Nick Lioce, attorney for Festa Italiana, addressed the City Council, detailing the approval process that the festival has been through. Mr. Lioce stated they met with CAN president, Milton Stern, and the Mayor. Mr. Lioce stated he has submitted the list of rides CITY COUNCIL REGULAR MEETING, 11/4/93 PAGE 6 and games and showed pictures of same to the City Council. Mr. William Foley, PGA National POA President, addressed the City Council requesting the following conditions as stipulations to the approval: 1. North Ryder Cup Boulevard gates be closed for ingress /egress during the evening of Thursday, 11/25 through Sunday 11/28/93. 2. Off street parking be prohibited on the south side of PGA Boulevard from the C -18 Canal to the Turnpike entrance. 3. Sponsor be responsible for litter control on a continual daily basis. 4. City insureance require repair of property damage for proper;ty maintained by the POA. 5. City require towing servic be on site during hours of the event. 6. Sponsor be required to put in appropriate signage for parking, detailing gate closings, etc. 7. Ryder Cup Boulevard not be used for through traffic, delivery of equipment, etc., prior to or after the event and that this prohibition be enforced. Mr. Lioce stated they were willing to address of all Mr. Foley's concerns, and that some of them were already addressed. CITY COUNCIL REGULAR MEETING, 11/4/93 PAGE 7 Mr. Sam Carsillo, resident of Palm Beach Gardens, suggested alternative sites for the festival, such as the Lake Catherine sports complex and the same location on Northlake Boulevard that will be used by the circus. Pat Fox, resident of Palm Beach Gardens, addressed the City Council stating her concerns with lighting for the event, traffic on PGA Boulevard and safety. Milton Stern, resident of Palm Beach Gardens and president of CAN, addressed the City Council expressing his concerns and dissatisfaction with the proposed event. Mr. Stern stated that he could not approve of the proposed event even though he has had numerous meetings with the applicants. Mr. Stern did not feel the applicant has addressed all concerns satisfactorily. Mayor Russo stated that while a couple of weeks ago he uncomfortable with the event, he is now comfortable that this would be a family event. Councilman Jablin felt the applicant needed to take precautions that people do not park along internal Ryder Cup Boulevard and to put adequate signage on Tournament Drive to let people know that Ryder Cup Boulevard is closed. Vice Mayor Monroe requested that all signed contracts, including insurance, be on file with the City before CITY COUNCIL REGULAR MEETING, 1114193 PAGE 8 the event. The City Manager stated that most of the required contracts are already on file, however, the towing contract is something that was discussed just a few days ago and needed to be on file as soon as possible. The City Manager stated that the applicant has already received City Council approval, however, needed to follow proper procedures, present new documents added to the list this evening and continue meeting with City staff to finalize plans. Once all procedures and documents have been received the applicant will receive his temporary permit. Vice Mayor Monroe made a motion to approve the list of games and rides as submitted by the applicant; seconded by Councilwoman Furtado. Mayor Russo stated he voted against this event two weeks ago and would be voting against it tonight. Mayor Russo stated he felt comfortable that this was going to be a family event, however, three weeks away from the event he still has bad feelings about the event. Mayor Russo stated that he was disappointed that Mr. Carillo did not call Mr. Foley as the Mayor suggested. The motion passed with a vote of 4 ayes and 1 nay, with Mayor Russo casting the nay vote for reasons previously stated. CITY COUNCIL REGULAR MEETING, 11/4/93 PAGE 9 PUBLIC HEARINGS: ordinance 21,1993 Richard Walton, Plannning & Zoning Director, briefed the City Council on plans for Ordinancce 21, 1993, creating a Planned Unit Development known as "Bent Tree ", consisting of 185 single - family detached and zero lot -line residential homes. Mr. Walton expressed concerns with sidewalks only being proposed on one side of the roads in this subdivision, however, felt that the City's guidelines suggest sidewalks on both side of the road. Mr. Walton also expressed concern with the build -out date, stating that the date referenced was one that was included in the applicant's traffic study. A discussion ensued regarding "build -out" and the number of years to complete the project. The City Council directed that Section 6 of Ordinance 21, 1993, be amended to include the following sentence: The infrastructure shall be completed within four (4) years from effective date of this Ordinance. The Petitioner, for good cause shown, may obtain an extension of two (2) additional years to complete the infrastructure shown by approval by subsequent Resolution, without necessity of advertisement or public hearing." CITY COUNCIL REGULAR MEETING, 11/4/93 PAGE 10 Section 3 of Ordinance 21 was amended to change the recreational impact fee in equal installments of $86,010.00 to read 11$120,000.00 and $60,020.00, respectively. Another sentence was added to the end of Section 3 that should read "All Impact Fees in place at the time of the first building permit shall be paid at that time." Mayor Russo declared the Public Hearing open, which was duly advertised 10/20/93 and held on the intent of Ordinance 21, 1993, creating a PUD known as "Bent Tree" consisting of 185 single - family detached zero -lot line residential homes. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Per a unanimous vote of the City Council the City Clerk read Ordinance 21, 1993, as amended, by title only, on second and final reading. Vice Mayor Monroe made a motion, seconded by Councilman Clark, to approve Ordinance 21, 1993, as amended. Motion was unanimously approved. Ordinance 22,1993 Mayor Russo declared the Public Hearing open, which was duly advertised 10/20/93 and held on the intent of Ordinance 22, 1993, creating a PUD known as "The Sanctuary ", consisting of 184 single- family detached zero -lot -line residential homes. There being no comments CITY COUNCIL REGULAR MEETING, 11 /4/93 PAGE 11 from the public, Mayor Russo declared the Public Hearing closed. The Council directed that Ordinance 22, 1993, be amended as follows: Section 3, add the following sentence: "All impact fees in place at the time of the first building permit shall be paid at that time." Page 4, #10, change "four (4)" to "five (5) ". Section 6, add the following sentence: "The infrastructure shall be completed within four (4) years from effective date of this Ordinance. The Petitioner, for good cause shown, may obtain an extension of two (2) additional years to complete the infra- structure shown by approval by subsequent resolution without necessity of advertisement or public hearing. Per a unanimous vote of the City Council, the City Clerk read Ordinance 22, 1993, by title only on second and final reading. Vice Mayor Monroe made a motion, seconded by Councilwoman Furtado, to approve Ordinance 22, 1993, as amended. The motion was unanimously carried. Resolution 127,1993 Mayor Russo declared the Public Hearing open, which was duly advertised 10/20/93 and held on the intent of Resolution 127, 1993, granting a conditional use of a CITY COUNCIL REGULAR MEETING, 11/4/93 PAGE 12 security apartment at Palm Beach Gardens Business Park. There being no comments from the public, Mayor Russo closed the Public Hearing. Vice Mayor Monroe made a motion to approve Resolution 127, 1993, seconded by Councilman Clark. Resolution 127, 1993, was unanimously approved by the City Council. RESOLUTIONS: Resolution 134.1993 Vice Mayor Monroe stated for the record that she would not be participating in the discussion or the vote for Resolution 134, 1993, as she had a conflict of interest because she is a member of the Board of Directors for the Palm Beach Gardens Medical Center. Rich Walton, Planning & Zoning Director, addressed the City Council re: Resolution 134, 1993, approval of Good Samaritan Medical Complex. Pursuant to a discussion with the Petitioner, the City Council directed that Resolution 134, 1993, be amended under section 3, #1, line 2, change 1118- month" to 1124- month" and adding the following words to the end of the first sentence: "with a two (2) year extension with good cause shown." Section 5, shall include the following sentence: "All impact fees in place at the time of the first building permit shall be paid at that time." Councilman Clark made a motion, seconded by Councilwoman Furtado, to approve Resolution 134, 1993, as amended. CITY COUNCIL REGULAR MEETING, 11/4/93 PAGE 13 Resollution 134, 1993, was approved by 4 affirmative votes of the City Council. Vice Mayor Monroe abstained because of reasons previously mentioned. Resolution 135.1993 Vice Mayor Monroe made a motion to approve Resolution 135, 1993, approval of flexible benefits plan, seconded by Councilwoman Furtado. Resolution 135, 1993, was unanimously approved by the City Council. Resolution 136,1993 In response to Vice Mayor Monroe, the City Manager stated that Section 6.02 of Page 7 of the Agreement should be totally deleted, leaving 6.02 marked "Reserved ". Councilman Clark requested Section 8.09 on Page 11 be corrected to read "Rights or Remedies" instead of "Right of Remedies ", including the same reference in line three of that section. Vice Mayor Monroe made a motion to approve Resolution 136, 1993, with the amendments to the agreement as outlined above, seconded by Councilman Clark. Resolution 136, 1993, was unanimously approved by the City Council. ITEMS FOR DISCUSSION Comfort Inn Rich Walton, Planning & Zoning Director, addressed the City Council outlining a request from Comfort Inn for a one year extension for the completion of the building facade. The City Council expressed no concern with this request and directed staff to prepare the necessary CITY COUNCIL REGULAR MEETING, 11/4/93 PAGE 14 documentation. Prosperity Oaks Signaae Sara Lockhart of Urban Design Studio addressed the City Council regarding a request for additional signage at Prosperity Oaks. The City Council expressed no concerns regarding this request and directed that the necessary documents be prepared. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 11:10 P.M. CITY COUNCIL REGULAR MEETING, 11/4/93 0M 15 APPROVAL: ; MAYOR JOStM RUSSO COUNCILWOMAN LAUREN FURTADO I , fir. CO CILMAN DAVID CLARK y ATTEST: ICFfiDk V. KOSIER, CMC, CITY CLERK FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS IASI NAMI IIRSI NAhil MIDDIPNAMF. ME OF BOARD. ' OIIN (11..COMMISSION,AU'1110RI1Y.OR 'OM MIT EE MAILINU ABURT SS �Qd 'I WHOARD. COUNC'II_ COMMISSION, AU1 HORIiY OR COMM 141 EE ON wHl H I SERVE IS A UNITOF: ! CIl'Y O COUNTY O OTHER LOCAL AGENCY CRY COUNTY 4117? I-i-xch DATE. ON WHICH VO1 E OC URRED NPE OF POLITICAL SUBDIVISION: MY POSITION IS: WHO MUST FILE FORM 88 ELECTIVE O APPOINTIVE 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 the 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 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 VOTE 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 IS 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 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 MAKE ANY ATTEMPT 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 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. CE FORM 8B- 1 -91 PAGE 1 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 min of the meeting, who should incorporate the form in the minutes. /'j'J DISCLOSURE OF LOCAL OFFICER'S INTEREST Q ® "®NRO6 , hereby disclose that on I _ , 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 &A4-7. d-vite57 by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: r �'ry3 Date Filed ignature 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 FOLLOWINQA IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B- IA1 PAGE 2 0 /✓ n� l� pEtj OA-1 r �'ry3 Date Filed ignature 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 FOLLOWINQA IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B- IA1 PAGE 2