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HomeMy WebLinkAboutMinutes Council 050792'POT,T, CAT,T, ANNOUNCEMENTS PRESENTATIONS V CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS MAY 7, 1992 The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 5:00 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. The City Clerk called the roll and present were Mayor Martino, Vice Mayor Russo, Councilman Aldred, Councilwoman Monroe and Councilman Kiselewski. Mayor Martino stated the announcements were as posted on the Bulletin Boards. PROJECT GRADUATION Ms. Patti Payne, Vice President of Project Graduation for Palm Beach Gardens Community High School, along with Shannon Puath, addressed the City Council requesting a donation toward Project Graduation. Councilman Kiselewski made a motion, seconded by Councilwoman Monroe, to donate $4,000 to the Palm Beach Gardens Community High School Project Graduation, with monies to come from Council Contingency. The motion was unanimously approved by the City Council. PRESENTATION BY YIRE DEPARTMENT Mark Wall and Pat Licata of Palm Beach Gardens Fire Department, Inc. presented the keys to a new fire utility CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 2 truck to the City Council. Expressing their appreciation, the City Council took a 5 minute break was taken to inspect the truck. ITEMS BY THE CITY MANAGER AGREEMENT FOR THE NORTHLAKE BLVD. The City Manager stated the Council was provided a copy of the Joint Project Agreement between Palm Beach County; Palm Beach Gardens; Northern Palm Beach Water Control District; PGA National Venture, LTD and Ibis Landing Venture, Ltd. for improvements to Northlake Boulevard The City Manager stated this Agreement is being handled by the Northern Palm `✓ Beach Water Control District and the City's part in the Agreement is per Section 5, the roadway from the Florida Turnpike to Military Trail. The City Manager stated the monies collected by the City, under the DRI for PGA National, was approximately $110.00 per unit, and there is approximately $500,000 in the account. The City Manager stated the Agreement indicates when the contract is let for Section 5 on Northlake Boulevard, the City will give Northern Palm Beach County Water Control District the funds or, Northern Palm Beach County Water Control District cannot do the project, the City will give the funds to Palm Beach County once they have let the contract. In response to Councilman Kiselewski, the City Manager CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 3 stated $500,000 is the maximum exposure to the City and stated the portion of roadway west of the Florida Turnpike is ready to go out for bids. The City Manager stated the roadway from Ibis Boulevard to CSX Railroad is already under construction. In response to Councilwoman Monroe, the City Manager stated the $110.00 per unit was established for the roadways associated with PGA National. The City Manager stated PGA National constructed PGA Boulevard and these funds could be either be given to the County or the City could dictate their use on Northlake Boulevard. The City Manager stated the County is now collecting these monies under the Impact Fee Ordinance. Councilman Kiselewski made a motion, seconded by Councilwoman Monroe, to authorize the Mayor and City Clerk to execute the Agreement. The motion was unanimously approved by the City Council. ENVIRONMENTAL CONSULTANT The City Manager stated staff has reviewed the fourteen letters of interest opened at the Regular Meeting of April 16, 1992, for an Environmental Consultant. The City Manager stated staff is recommending Environmental Management and Engineering be selected as the City's primary Environmental Consultant and Applied Technology & Management be selected as an alternate or stand-in consulting firm. The City Manager stated one reason Environmental Management and CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 4 Engineering has been recommended is they have done work for Jupiter and West Palm Beach and many other governmental agencies. This firm is well aware of the environmental impact and concerns and they have a good working relationship with DCA and DERM. After further discussion, Councilman Kiselewski made a motion authorizing the City Manager to negotiate with Environmental Management and Engineering re: agreement for services and to negotiate with a consulting firm for the backup role, seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. DCA COUNTY COMPREHENSIVE PLAN The City Manager stated staff is requesting direction on proceeding with the objections to the County's Comprehensive Plan Amendment. The City Manager stated the City has responded to Treasure Coast and DCA relative to the City's concerns and also responded to the County, but have not received the proper information from the County. The City Manager stated this has to do with the amendments re: traffic and residential exceptions. The City Manager stated the DCA has turned down the amendment a couple of times and the City has filed an objection, but now the City needs to continue making its objections known to DCA and Treasure Coast or stop and allow the DCA and the County to work it out. The City Manager stated if left to DCA and the County, DCA might not be as forceful in applying the Rules of 9J-7. CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 5 In response to Mayor Martino, Attorney Brant stated this has not yet gone to Administrative Hearing, as it was rescheduled until August. Attorney Brant stated he has been served interrogatories by the County. Attorney Brant stated he has requested a 30 day extension and the County is requesting to know who the City's expert is, what the expert's opinion is as to the City's objections, etc. Attorney Brant stated he has contacted one expert, however, the expert felt there would be a conflict of interest. Attorney Brant stated his time is about to run out and if the Council would like to go forward, he needs an expert appointed by the City Manager to assist in answering the interrogatories. Attorney Brant stated if he does not answer the interrogatories and produce the expert to state the position of the City, the County could file a Motion to Strike the City's pleadings. Attorney Brant stated he either needed authorization to go forward or to withdraw the intervention. After further discussion, Councilman Kiselewski made a motion authorizing the City Attorney to retain the proper expertise to make sure the City's objections are heard by DCA and the Regional Planning Council; seconded by Councilman Aldred. Councilwoman Monroe stated she will not be voting in favor of this as she is concerned by the proceedings, feeling the City is telling the residents we want more traffic in Palm Beach Gardens and does not feel that is what the residents want. It was CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 6 pointed out by Councilman Kiselewski that a vote against this was a vote against defending our Comprehensive Plan which is already approved. The motion was approved by a vote of 4 ayes and 1 nay. The nay vote was cast by Councilwoman Monroe for reasons previously stated. REPORTS BY THE MAYOR AND COUNCIL Councilman Aldred Councilman Aldred stated he had a conversation with Mr. Benowitz, Tuesday, after the Merit Board Meeting and approximately one month ago he requested amending the Environmental Ordinance to prohibit roadways through environmentally sensitive lands unless there were no other alternatives. Councilman Aldred suggested moving swiftly on this amendment because immediately south of Ryder Cup is an area in the City that is environmentally sensitive and could be some help in ensuring that Jog Road is cut off from the south. COUNCILMAN KISELEWSKI Councilman Kiselewski reported testifying in Tallahassee before a committee which is evaluating various governmental entities to determine if there should be Regional Governments, disband certain entities,i.e. RPC and MPO's. Councilman Kiselewski reported Regional Planning Councils are up for sunsetting and are trying to justify their existence. Councilman Kiselewski referencing Linda Erbacher's report CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 7 regarding the library system, stated he felt there was an opportunity to do something for the City. Councilman Kiselewski requested setting this up as an agenda item within the next month to get direction. Mayor Martino stated this will be one of the Thursday workshop items. COUNCILWOMAN Councilwoman Monroe reported she also received comments regarding the paving at Garden Lakes and has spoken to the City Manager regarding the notice distributed to residents. Councilwoman Monroe felt more informative and earlier notices could be provided to residents. In response to Councilwoman Monroe, the City Manager stated there is a standard notice which is given to the residents, however, the City could require the company provide 2 notices, 1 two days before and the 2nd right before they begin the work. Councilwoman Monroe suggested appointing a temporary committee, with each member of the Council appointing one person, to examine written comments from individuals regarding the quality of service, response time, etc. of Inter -City. A copy of their report would be forwarded to the Executive Director of the organization, the City Manager and the President of their group. There was a consensus of the Council for Councilwoman Monroe to put her ideas in writing for the Council's consideration. CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE $ VICE MAYOR RUSSO Vice Mayor Russo stated he was not going to pursue the paramedic training of our fire personnel at this time, as there was a consensus of the Council to not do so. Vice Mayor Russo stated the newsletter has Councilman Aldred's phone number listed under his name. In response to Vice Mayor Russo, the City Manager stated re: the Justice Department coming to the City, everything is in proper order and has been turned over to the legal staff. The City Manager stated the EEOC report is sent out every year and the Justice Department is coming down to Florida from Washington to review our EEOC report. The City Manager stated anything they require is available. In response to Vice Mayor Russo, the City Manager stated there is a draft of the Impact Fee Ordinance for the City Council to review. Vice Mayor Russo reported attending the County Land Planning Agency meeting Monday because Jog Road was on the agenda. Vice Mayor Russo stated the County wants to deal with all of north county at the same time, i.e. Jog Road, State Road 7, and an interchange for the Florida Turnpike. Vice Mayor Russo reported that he stated Palm Beach Gardens will cooperate with and look at anything that will make north county a better place to live. Vice Mayor Russo stated the County's target date to transmit their amendments is October. Vice Mayor Russo reported the County stated the w City increased the density in the Briger annexation, CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 9 however, staff has confirmed the density is 4 to 5 units per acre as opposed to the County's records indicating 7 - 9 units per acre. Mayor Martino stated the City of Palm Beach Gardens has always been a cooperative governmental agency, responding to any and all commitments, any and all requests and anytime a discussion item concerning the City of Palm Beach Gardens in a Public Hearing and/or is necessitated, it is responded to either by the City Council, Mayor or staff. Vice Mayor Russo reported there is a major parking problem at the Lake Catherine ballfields. Bobbie Herakovich, Parks and Recreation Department Director, addressed the City Council re: parking at Lake Catherine. Mrs. Herakovich stated there are 4 fields with 8 teams playing at the same time and there is not enough parking spaces to accommodate all cars. Mrs. Herakovich requested the Council's permission to proceed with formalizing the use of the MacArthur Foundation property south of the park. Mrs. Herakovich stated the Public Works Department could put in a curb cut and a gate and fence at the south end of the field, and this area could accommodate 45 to 50 cars. Mrs. Herakovich suggested a study of the use of the park during the off season and report back to Council with recommendations. There was a consensus of the City Council for the City to proceed with an agreement with the MacArthur �- Foundation to use the property south of the ballfields. CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 10 In response to Councilman Kiselewski, Mrs. Herakovich stated she will include an article in the next resident's newsletter stating residents can utilize the parking lot at Howell Watkins Elementary School. Vice Mayor Russo suggested recognizing the fine job the YAA has done over the last several years. It was a consensus of the City Council to plan an award in the future. COMMENTS FROM THE PQBLIC DAVID PANIA David Pania, Palm Beach Gardens Association, addressed the City Council expressing his concern that the Fire Department does not answer medical emergencies as first responder and the need for an Emergency Medical Commission. CATHERINE DWORE Catherine Dwore, Caloosa, addressed the City Council expressing concern over the allowed density in the recently annexed MacArthur Foundation property in western Palm Beach Gardens. JEFFREY BURK Jeffrey Burk, President Jupiter Rural Residents Association, addressed the City Council expressing concern with the allowed density in the recently annexed MacArthur Foundation property in western Palm Beach Gardens. MICHAEL DANCHECK Michael Dancheck, Palm Beach Country Estates, addressed the City Council expressing concern with the allowed density in the recently annexed MacArthur Foundation property in western Palm Beach Gardens. N EAGLE Dan Eagle, Palm Beach Gardens, addressed the City Council CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 11 expressing concern over the parking problems at the Lake Catherine ballfields. In response to Mr. Eagle, the City Council stated donations to YAA Softball Teams is budgeted and requests should go through the City Manager. TOM CELANTANO Tom Celantano, Palm Beach Gardens Association, addressed the City Council regarding the speed limit and there being no disabled vehicle lane on Military Trail. LINDA ERBACHER Linda Erbacher addressed the City Council expressing her gratitude for the Council supporting the tuition reimbursement program. CONSENT AGENDA Councilman Kiselewski made a motion, seconded by Vice Mayor Russo, to approve the following item on the Consent Agenda: 1. Approval of Minutes of 4/16/92 Regular Council Meeting, as amended. The motion was unanimously approved by the City Council. RESOLUTION 37, 199T --After discussion, Councilwoman Monroe made a motion, seconded by Councilman Kiselewski, to approve Resolution 37, 1992, Approval of Northern Area Mutual Aid Consortium/Police. The motion was unanimously approved by the City Council. RESOLUTION After discussion, Councilman Kiselewski made a motion, seconded by Councilwoman Monroe, to approved Resolution 39, 1992, Supporting the concept of Amtrak Service from Jacksonville to Miami along the Florida East Coast Railway Corridor. The motion was unanimously approved by the City Council. PUBLIC HEARINGS CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 12 RESOLUTION Mayor Martino declared the Public Hearing open, which was ORDINANCES 8, 9, -LUr r T977 -- duly advertised 4/22/90 and held on the intent of Resolution 36, 1992, approval of extension of time for completion of project for Gardens Medical Park PUD. Mrs. Anna Maria Scheller, Petitioner, addressed the City Council stating she did not have any problems with the conditions, however, she would like to know what the appraisal amount is on the 156 square feet of land she is to donate to the City. The City Manager stated this property was not appraised as the City was asking the Petitioner to donate the property. There being no further comments from the public, Mayor Martino declared the Public Hearing closed. Per a unanimous vote of the City Council, the City Attorney read Resolution 36, 1992 by title only. Councilman Kiselewski made a motion to approve Resolution 36, 1992, seconded by Councilwoman Monroe. approved by the City Council. The motion was unanimously Mayor Martino stated the City Attorney has advised him, the City Council may conduct one Public Hearing for Ordinances 8, 9, 10 and 11, 1992 as they are all similar in nature. Mayor Martino declared the Public Hearing open, which was duly advertised 4/22/92, and held on the intent of Ordinance 8, 1992, repealing certain sections of General Employees Retirement Plan and adopting a new General Employees CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 13 DINANCE S. 1992 ORDINANCE 9. 1992 Retirement Plan in lieu thereof; Ordinance 9, 1992, repealing Article II Policemen's Retirement Trust Fund and adopting a new Article II in replacement thereof to be entitled Municipal Police Officer's Retirement Trust Fund; Ordinance 10, 1992, repealing Article II Firemen's Retirement Trust Fund and adopting a new Article II in replacement thereof to be entitled Municipal Firemen's Retirement Trust Fund; and Ordinance 11, 1992, providing for a Pension Re -Entry Period for those employed by the City as Police Officers. There being no comments from the public, Mayor Martino declared the Public Hearing closed. Per a unanimous vote of the City Council, the City Attorney read, by title only and on second and final reading, Ordinance 8, 1992. Councilman Kiselewski made a motion to adopt Ordinance 8, 1992; seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council Per a unanimous vote of the City Council, the City Attorney read, by title only and on second and final reading, Ordinance 9, 1992. Councilman Kiselewski made a motion to adopt Ordinance 9, 1992; seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. ORDINANCE 10, 1992 Per a unanimous vote of the City Council, the City Attorney, read, by title only and on second and final reading, CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 14 Ordinance 10, 1992. Councilman Kiselewski made a motion to adopt Ordinance 10, 1992; seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. ORDINANCE 11, 1992 The City Manager stated "May 11, 1992" should to be inserted into the first blank and "June 9, 19921' in the second blank. Per a unanimous vote of the City Council, the City Attorney read, by title only and on second and final reading, inserting the appropriate dates in the appropriate blanks, Ordinance 11, 1992. Councilman Kiselewski made a motion to adopt Ordinance 11, 1992; seconded by Councilman Aldred. The motion was unanimously approved by the City Council. ORDINANCE 13, 1992 Mayor Martino declared the Public Hearing open, which was duly advertised 4/22/92, and held on the intent of Ordinance 13, 1992, creating a planned unit development on land that is part of the County Public Facilities Complex owned by and to be used by the County of Palm Beach as a Regional Library with an underlying zoning use designated GU -Governmental Usage. There being no comments from the public, Mayor Martino declared the Public Hearing closed. In response to Vice Mayor Russo, Audrey Wolfe, Petitioner, stated they have researched the issue of changing the roof and the cost would approach $200,000 which would include a 3 month delay to redesign the roof. In response to Councilman CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 15 Kiselewski, Ms. Wolfe, stated she cannot guarantee all other buildings in the complex would have blue metal roofs, but at the time the other building is built, if the Council is not happy with the present roof, they will try to find a roof that is complimentary. Councilwoman Monroe stated she did not want the library at this location because of the traffic, feeling Central Boulevard would have been a better location and, therefore, she would not be voting in favor or this project. Per a consensus of the City Council, the City Attorney read, by title only and on second and final reading Ordinance 13, 1992. Councilman Aldred made a motion to adopt Ordinance 13, 1992; seconded by Councilman Kiselewski. The motion was approved by a vote of 4 ayes and 1 nay. The nay vote was cast by Councilwoman Monroe for reasons previously stated. ORDINANCE 14. 1992 In response to Councilman Kiselewski, the City Manager stated the $11,000 being transferred to salaries and wages for the Finance Department, was due to Holly Vath's salary being listed as less than what she is making and had not been changed. In response to Councilwoman Monroe, the City Manager explained the transfers in vehicle funds for various departments. Councilwoman Monroe requested the City Manager clarify the $11,000 vehicle which had not been purchased and -- its purpose, at the next meeting, and explain increase in CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 16 REORDER AGENDA ITEMS FOR DISCUSn-ON travel expenses. Per a unanimous vote of the City Council, the City Attorney read, by title only on first reading, Ordinance 14, 1992, amending Ordinance 26, 1991, same being the Budget Ordinance for the Fiscal Year beginning 10/1/91 and ending 9/30/92, inclusive. Per a consensus of the City Council, the Agenda was reordered by moving Items for Discussion before Ordinances. HIDDEN HOLLOW PUD Vice Mayor Russo stated he will not participate in this discussion, as he is an officer of the corporation that owns Hidden Hollow PUD. Bristol Ellington, Planning and Zoning Department, addressed the City Council stating this is a petition by Carl Sabatello, owner of Hidden Hollow PUD, requesting a time extension to the Hidden Hollow PUD, which was originally approved on December 3, 1987 by Ordinance 16, 1987; amended on September 7, 1989 by Ordinance 22, 1980; on May 3, 1990 by Ordinance 10, 1990 and on June 7, 1990 by Resolution 77, 1990. Mr. Ellington stated this a 12.3 acre site, located approximately 2600 feet west of Military Trail on the south side of Northlake Boulevard and is bounded to the north by vacant property owned by the City and by the Possum Hollow Nursery, to the west by Horseshoe Acres subdivision and CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 17 Grace Alliance Church, to the south of Horseshoe Acres subdivision and to the east by Square Lake subdivision. Mr. Ellington stated the community was approved for 56 semi - custom single-family homes and the last amendment to this project by Ordinance 10, 1990, approved 19 additional units in this development. Mr. Ellington stated Section 3 of Ordinance 10, 1990, requires all phases of development to be completed by May 3, 1992, and allows for a one year time extension for good cause shown. Mr. Ellington stated the Petitioner indicated economic reasons for this project not being developed. Mr. Ellington stated the Planning and Zoning Commission recommended approval of this petition at its April 28, 1992, meeting with 13 conditions. Mr. Ellington stated these conditions are all the applicable conditions from the previous ordinances for this PUD. Mr. Ellington stated the Planning and Zoning Commission indicated they would support a two year time extension if so desired by the City Council. Mr. Ellington stated the Petitioner subsequently amended the petition to request that the time extension be granted to allow for all infrastructure to be completed rather than all phases of development to be completed prior to June 30, 1994. Mr. Ellington stated the Petitioner has subsequently requested a time extension to June 30, 1997 for all infrastructure. Mr. Ellington stated there may be need for an additional condition with the widening of Northlake Boulevard, the CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 18 Petitioner will only be receiving a restricted left turn inbound lane. The project was approved with dual outbound lanes and the condition would be if the project is developed after the commencement of the construction of Northlake Boulevard, the Petitioner shall amend construction plans to provide for a single right turn outbound lane. Councilwoman Monroe stated the first 3 conditions are code requirements and do not need to be included in the ordinance. In response to Councilwoman Monroe, Mr. Ellington stated re: traffic, this is an approved project and at this point they are vested. In response to Councilwoman Monroe, Mr. Ellington stated the expiration date for all phases to be completed is May 3, 1993, however, with the ordinance being written "all phases", the interpretation of the ordinance could mean everything must be built. The Petitioner is requesting this extension now because they don't feel they can have everything on line and completed by May 3, 1993, and is requesting the extension until June 30, 1997. Councilman Kiselewski stated the Petitioner is just requesting that the infrastructure be completed by June 30, 1997, and could still not develop the project. Mr. Ellington stated the lots would be vested as far as the trips and the homes would be sold as the market dictates. Mr. Ellington stated staff is only concerned with the infrastructure being in place, because if the project never CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 19 gets developed the infrastructure would be in place, allowing the homes to be sold. Councilman Kiselewski stated he thought this project was supposed to be developed with all similar type house, not to be broken down and sold off as individual lots. In response to Councilman Kiselewski, Mr. Ellington stated the lots are 55 x 120 and some are 99 x 120. Councilwoman Monroe stated she wanted a traffic study showing what the traffic performance standards would require of a new development today before deciding on such a lengthy time extension. Councilman Kiselewski stated he didn't understand how the Council could have insisted the whole project be completed by May 3, 1993, if these were to be sold off individually. Carl Sabatello, Petitioner, addressed the City Council stating the way this project was going to be developed and built out was to sell individual lots and the builder or homeowner could build a home that would fit on the lot. Councilman Kiselewski stated his understanding was the City was going to have control to the extent they would be dealing with Sabatello's company for the buildout of this project. Mr. Sabatello stated that was their intent. In response to Councilwoman Monroe, Mr. Sabatello stated "semi -custom" in this project means there are a couple of models, which could be revised for each individual buyer. Councilman Kiselewski stated he had a problem with the time -- extension for just having the infrastructure in place. CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 20 Mr. Sabatello stated the intent on the completion date was to have the infrastructure in. Staff was directed to research the original ordinance and background information and report to Council the intent and to address Councilman Kiselewski's concerns re: possible variations on architecture and requirements for sales. Councilwoman Monroe provided staff with questions she has on conditions and their future meaning. TOYS 'R' US GARDENS WALK TIME EXTENSION Bristol Ellington, Planning and Zoning Department, addressed the City Council, stating the Petitioner is requesting amendment to the Gardens Walk PUD to allow for a 45,378 square foot Toys 'R' Us store. The original Garden Walk PUD was originally approved by Ordinance 54, 1988, to allow for a 53,200 square foot shopping center. The 4.5 acre site, located south of PGA Boulevard, approximately 500 feet east of Fairchild Gardens Avenue, is bounded to the north by the Regional Mall, to the east by the Florida Department of Motor Vehicles, to the south by vacant property owned by the County for the pending application of the North County Governmental Center and to the west by Gardens Plaza PUD. The building will be beige in color with a stucco finish, with terra cotta accent tiles. The building will have spanish clay tile roof on all four elevations. The four foot high wall sign and the ten foot high ground sign will �- be of one color, orange, as well as Geoffery the Giraffe. CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 21 Mr. Ellington stated Mr. Hanson, Building official, has reviewed the proposed signage, stating it does comply with the current sign code. The Petitioner is proposing 246, 10' x 20' parking spaces on site, as well as six shopping cart corrals placed throughout the parking lot, matching the architecture style of the building. Per a condition of Ordinance 50, 1988, the Petitioner will be providing for a deceleration lane at the entrance to the development and will be complying to the easement agreement currently held between Vincent Pappalardo and the Department of Motor Vehicles for access to the north/south entrance off PGA Boulevard, as well as landscaping and relocation of parking spaces on the DMV site. Mr. Ellington stated the roadway will be the future extension of the entrance to the North County Governmental Center. The Petitioner has worked with the County and with the City Engineer to ensure future alignment will be accommodated within the easement section. Mr. Ellington stated at the April 28, 1992, meeting, the Planning and Zoning Commission recommended approval of the petition to City Council with 17 conditions. Councilman Kiselewski expressed concern re: compliance of the proposed ground sign. Councilwoman Monroe expressed concern re: preservation of existing vegetation, open space where cars overhang onto landscaping strip, and the ability of the Fire Department .� to protect the south side of the building. CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 22 Councilman Kiselewski express concern re: proposed ground sign being within the 50' buffer along PGA Boulevard. In response to Councilwoman Monroe, Mr. Ellington stated staff received a letter from the Fire Department indicating they had no concerns with the proposed project. In response to Councilwoman Monroe, Mr. Ellington stated the traffic study was reviewed and there are no problems with the change of use. Raymond Royce, agent for Petitioner, addressed the City Council and reviewed the site plan, elevations, landscaping, parking, and traffic. Mr. Royce stated the Petitioner is requesting 9' x 18' parking spaces. Mr. Royce stated the Petitioner would like to be open by Christmas, perhaps Halloween. After further discussion, there was a consensus of the City Council to allow the perimeter and diagonal parking spaces to be 9' x 18' with the interior parking spaces 10' x 18' and the Toys 'R' Us sign to be of one color, orange. The Petitioner was directed to examine the size of the proposed ground sign and it's location, stating it cannot be in the 55' green belt. The Petitioner was directed to address the landscape strip issue. Staff was directed to prepare an Ordinance for first reading on May 21, 1992 and schedule another workshop prior to second reading. �RDENS WALK PUD Raymond Royce, authorized agent for Petitioner, addressed CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 23 the City Council explaining the Gardens Walk PUD expired May 4, 1992, however the application for the time extension was submitted March 19, 1992. Councilwoman Monroe requested an updated traffic study before considering the time extension. Attorney Brant stated the Gardens Walk PUD is still in effect and there is an amendment of the PUD before the Council now. Attorney Brant stated the Council can consider both issues in tandem. STREETSCAPE There was a consensus of the City Council to schedule this item for the May 14, 1992, Workshop meeting. ITEMS FOR N P!�NDING ISSUES There was a consensus of the City Council to bring all pending issues to the next Council meeting and structure the list by priority. PUBLIC COMMENTS There was a consensus of the City Council to limit public comments to 30 minutes divided by the number of individuals who wish to speak and for all Councilmembers to submit their items which do not require a policy decision in writing to the City Manager. Councilman Kiselewski suggested reminding individuals speaking under "Comments from the Public", that their comments should be first given to the administration of the City, specifically the City Manager or Assistant City Manager. ADJOURNMENT There being no further business to discuss, the meeting was CITY COUNCIL REGULAR MEETING, 5/7/92 PAGE 24 APPROVAL adjourned at 12:27 A.M. 1 Mayor �flchael Martino VicV Y4zI ydr" Russo Edda V. Kosier, City C%rk Z Councilman Aldred > 'Councilwoman Monroe ALe I Councilman Kiselewski Excerpts 'from the City Council Workshop Meeting of May 7, 1992 Mayor Hold on Linda. Before you move for adjournment, I just need to... Linda Oh, I have something too. Mayor I need to ask you all to do, and see if you agree with me. We spent: almost 2 hours and 15 minutes on the front part of the agenda tonight. We really got started with the meat of the Ordinance at about 10:15. And to me that's totally ridiculous. I think we're overly patient with the people that come to the microphone under Public Comments. We need to do one of two things. We either put the Public Comments at the tail end of the meeting which is inappropriate, in my opinion. Or we, you allow me, and then you stand behind me to... Linda You got it. Mayor to wield a strong gavel. When I say 3 minutes, it's 3 minutes. Linda We have to do it for everyone. When Sam comes here, we'll have to tell'him too. Mayor It doesn't matter. Joe Get a thing. Whatever those things. You know those egg things. Whatever they are. Linda The Commissioners., They always have a timer. And what they'll do is say, I've got so many... How many people want to speak on a particular item. And she'll say I've got an hour set aside for this public hearing. You divide it by the number of people. That's how much time you get. 1 Joe See. Yea I agree. I don't think we should hear from everybody on the same issue unless they want to wait until the end of the meeting. I don't have a problem. I don't have a problem right now. If there's 10 people that want to talk to me at 12:30 at night. If they had the patience to sit here, I would listen. At least the business portion you took care of when your mind was sharp. Mayor The business portion is important. Joe I mean, we just, I think, approved a giraffe as art in public places. We'll get written in the paper again. Mayor Don, you want to help me out. Don Let's look at 2 aspects of this thing. One is how much time do people actually talk and then also how much time we beat our own gums. Mayor Yes. Don I'm wondering if this would not go faster if we moved our gum beating, so to speak, to the end of the meeting. Joe That's fine. Don At one point in time we used to have it there. Linda I don't like that either. I remember one time John Orr's comments were at the end. Don No. I never liked his comments there. All I'm saying is. Alright we start at 8:00 and at 10:00 we finally get rid of the people. Not, that I didn't mean to say that. But the point being is they only spent maybe 20 minutes of that time and the rest of it was us going through... Joe They spent around an hour. Mayor No. No. 2 V, • • Joe We spent and hour. They spent an hour. Mayor The problem is. Let me ask. With respect, all of us again. I think we ought to take the items that we bring up and either give the... Most of these are administrative things. We ought to give them to the City Manager or if you have an item that you want to bring here that requires a policy decision or a vote, then that's what we ought to call for. Follow what I'm saying. That would expedite things too. But you had 5 different items. Linda had 2. Don had 3. Tonight, I didn't have any, but sometimes I have 3. I think we ought to give those items in writing to the City Manager, but if we're of the conviction that we need a policy decision, you should come here, we should come here, and bring that to all our attention and ask for a vote on it. Joe In other words, you're not going to have individual items, you'll have John Orr go through the items that we gave him. : Mayor If he wants to bring them up. Joe If they are policy things. Linda Let's use as an example the one I had tonight. It was one of those things I didn't have it fully, you know, clear in my head. I had some ideas. If I tried to convey it to John, it would have gotten totally lost in the translation and I was looking for direction from you to say, should I go any further or should I just drop it. So, it took more to explain that tonight than I... Joe That you had to bring up. Because if we would have all said we didn't.agree... Linda Then we would have.dropped it. Mayor That's the kind of thing that is perhaps appropriate here. Some of the other things we're doing Linda is... 3 Linda Mayor Joe Mayor Joe I understand. You understand. • It's like on my issue to Jog Road thing. I could have just had a report typed up and given it to... That's right. And you know the other thing too... Because I had to have it re -clarified. Mayor The lady that came to the microphone and people that came to the microphone. Not that I don't have any respect for the unincorporated areas, you know I do, because I've sponsored ordinances and you all know that. But they need to understand that we are here to do City of Palm Beach Gardens business and that there is a Comprehensive Plan that could have answered every question they had tonight. And, I think we need to be a little more affirmative as far as that plan is concerned. It's on the books. It's ours. Either we are proud of it or not. I am. I don't know about the rest of you. I assume you all are, because we all voted on it. It's a good comp plan and what's happening. I said it before and I'll say it again. Is that it is inappropriate the way the District Commissioner is conducting herself right at the moment. She's meeting with all of these little groups. Giving out misinformation. Maybe not meaning to do it. Or maybe meaning to do it. And then we're sitting up here all the time trying to defend the misinformation that they've given out. You all know. I mean, Linda, you took me to task over the damn... Linda Mayor Linda I remember. I remember the response back too. Yea, we got the letter back too. It's in the files here. And for them to sit here and say they just got a fax from her office. Well, the other thing is... We haven't seen the fax to see exactly what it says. You need all the.. 4 You were right. Everything should be submitted to the City Manager. He should provide that and our backup and say O.K.here is... Mayor That's what I wanted to hear you all say. If you agree with that, I am going to be tough.... Don I say one of the things that you might mention Mike. Is that when you ask for comments from the public, to remind the people that our position is one of policy maker and that if it is a comment that has to do with the administration of the City, garbage pick up, traffic, police, lighting, please talk to John separately. Or talk to perhaps Ed here separately at the meeting. I don't know whether Ed's here at most of them with you... Linda He can set up a little office in the back. Don He can set up in the back and take these second things down. That way we can... Mayor I want to tell you the other thing too. This is causing us, I'm around City Hall maybe more than some of you are. It's not that I'm... here, but he by virtue of all of the things that are happening tonight. It's costing us staff time and sometimes we..., the Inter -City deal, the paramedic business and so forth. We've answered that time and time again. If that group can't understand that, I say we tell them please we have a contract. I don't get any complaints. I don't know about you, but I haven't gotten any complaints. Don I haven't heard of these complaints that you were saying... Mayor I also want to tell, you that the Inter -City people. You all know they have to respond to Paul Morelli?? down there. So... Linda They were very .... And just so you will know, my intent was that each of us appoint one was not to appoint any of the trouble makers. It's somebody 5 Linda Back to our original point. I suggest that you schedule like 30 minutes for public hearing. Say, how many people want to make comments. O.K. there's 5 people, you can have 6 minutes apiece. And, if that works, fine. If it doesn't we'll try another... Mayor O.K. So, we're agreed then. We're going to have 30 minutes for public comment and we'll divide it among the people that are out there. Linda And if there are some people that want to stay to the end and talk longer... Mayor O.K. We know how we are going to handle the items and so we'll expedite our meetings a little bit. M that has no knowledge, just a hard working, intelligent personis what I'm looking for. John Orr Let me give you one other problem real quick. Just like the things they passed out on Military Trail that said come to the meeting, we've got a serious problem. Linda What are you talking about? John Tonight. This is what this guy did. Mayor He handbilled all the house on Military Trail. John He handed out handbills. Please come to the meeting, we've got a serious problem. He comes up and says Karen Marcus will reduce the speed limit to 35. There's a serious problem. If he would have called us, we could have told him what we had done. But see, he doesn't do that. Joe Well he got it done. Next time we're going to go to him and have him write the letter. Linda Back to our original point. I suggest that you schedule like 30 minutes for public hearing. Say, how many people want to make comments. O.K. there's 5 people, you can have 6 minutes apiece. And, if that works, fine. If it doesn't we'll try another... Mayor O.K. So, we're agreed then. We're going to have 30 minutes for public comment and we'll divide it among the people that are out there. Linda And if there are some people that want to stay to the end and talk longer... Mayor O.K. We know how we are going to handle the items and so we'll expedite our meetings a little bit. M A FORM SB MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS '1 Atil NAMI I IRS I \AMI MIDI)1 1 NAMr. NAME OF BOARD. COUNCIL. COMMISSION, AUI110RITY.OR COMM III 'EE RUSSO, JOSEPH CI'T'Y COUNCIL MAILING ADDRESS THE BOARD, COUNCIL. COMMISSION, AUi HORIiY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: 18 Sheldrake Lane M C11Y O COUNTY O 01HER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Palm.Beach Gardens Palm BEach City of Palm Beach Gardens DATE ON WHICH VOTE OCCURRED MY POSITION IS: May 7, 1992 CC ELECTIVE O APPOINTIVE WHO MUST FILE FORM 8B 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 lav 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 forth. 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 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 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 98- TAI PAGE I 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. DISCLOSURE OF LOCAL OFFICER'S INTEREST I,Joseph Russo , hereby disclose that on (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: , 19 19 2 by whom I am retained. I am an officer of the corporation which owns Hidden Hollow PUD. Date Filed Signatu 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 $5,000. CE FORM 80 - 1.91 PAGE 2