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HomeMy WebLinkAboutMinutes Council 020702CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING FEBRUARY 7, 2002 The February 7, 2002 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 ROLL CALL: The City Clerk called the roll and the following elected officials were in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Council member Lauren Furtado, Council member David Clark, and Chair Pro Tem Carl Sabatello. PRESENTATION: Outstanding Student: Vice Mayor Jablin introduced Educational Advisory Board member Leslie Millar, who provided an introduction for Summer Lubar, selected by the Board for recognition as an outstanding student. Ms. Millar noted that Summer was a grade -A student at the Weiss School, and described her singing and athletic accomplishments. Ms. Lubar sang The Star Spangled Banner. Mayor Russo presented Ms. Lubar with an outstanding student certificate of achievement. Police Department — Certificate of Accomplishment: Mayor Russo congratulated the team of police officers who had captured the gypsy burglars, who had burglarized homes throughout the country, and Police Chief FitzGerald added his congratulations. Municipal Complex Art Task Force - Vice Mayor Jablin announced that two major pieces of art are proposed for the Municipal Complex property. David Porter, Chair of the Art Task Force, described the art and the proposed locations in a slide presentation. It was announced that one contract was on tonight's consent agenda and the other would be on a future agenda when all signatures had been obtained. Discussion ensued regarding whether the sculpture planned for the Military Trail location went with the building. The City Council was requested to look at pictures of the sculpture over the next two weeks in order to make a decision. ITEMS & REPORTS BY MAYOR AND COUNCIL: PGA Gate Issue - Mayor Russo announced that this item would not be heard tonight because of an objection by County staff, but that Commissioner Marcus supported it. It was announced that this item would be presented on February 21. Resolution 81, 2001 — Mayor Russo announced that the public hearing would be opened and then this item would be continued to a date certain. Consent A eg nda - City Manager Ron Ferris requested items i, j, and k be pulled from the Consent Agenda for discussion. Wireless Communications Facilities Workshop — City Manager Ferris recommended this item be rescheduled. Council member Furtado moved approval of the staff recommendation. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Mayor Russo reported it had been a year since City Manager Ferris had decided to stay as City Manager, and he believed Mr. Ferris had done an exceptional job. Mayor Russo indicated that he would like to discuss items Mr. Ferris planned to implement. Mayor Russo commented he had been very frustrated with the economic development in the city CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/7/02 2 as it related to the surrounding cities who had not participated in the Chamber of Commerce program; however, Mr. Ferris had indicated his management team would work with the City Council to get the advisory group back, and would put together a marketing package to bring businesses to the City. Council member Furtado reported the PGA Corridor Association would like to work on this as well. Mayor Russo announced a meeting would be held February 21. Mr. Ferris noted staff would be establishing a plan and networking, and if costs became significant, the City Council would be advised. Council member Furtado advised that the college wanted to work with the City also. Mr. Ferris reported that a rapid response team of employees had been selected to attend meetings of homeowners associations and other organizations, to act immediately on community issues brought to the City by citizens and to see that the issues were brought to the City Council if needed. Mayor Russo welcomed Stacy Rundle, the new Grant Coordinator. Mayor Russo reported he had met with Senator Pruitt and Representative Atwater and had requested help with FDOT in facilitating the turnpike interchange project. Mayor Russo reported he had attended a literacy meeting and a reading program is to be implemented throughout the County. Mayor Russo indicated the Code had been changed regarding directional signs, and requested that be researched since the change had created problems for Arti Gras and directional signs would be needed at next year's golf tournament. Council member Sabatello commented that property owners were responsible for maintenance of right -of -way and median landscaping, but conditions of approval were not clear regarding what triggered that responsibility. Mayor Russo noted that the approval for Legacy Place did not specify responsibility for maintaining the landscaping. Staff was directed to research these issues. Mayor Russo suggested a meeting with the development community to see if they would prefer the City to do the maintenance and be reimbursed by the property owner. Council member Sabatello recommended that conditions be written more specifically to address triggering of responsibility and suggested the responsibility be assumed six months following date of approval. CITY MANAGER REPORT: Quarterly Financial Report: Finance Director Owens presented the quarterly financial report for the period ending December 31, 2001. The General Fund and the Enterprise Fund for the golf course were reviewed and discussed. Sales tax revenue had decreased, and golf course revenues and expenditures were also down from the prior year. Concern was expressed regarding the reduction of rounds, however, Mr. Owens indicated play had picked up recently. Insurance premium reductions were reviewed under the risk management portion of the report. Mr. Owens explained that a budget amendment reallocation would need to be done to accommodate the updated salary study. Control procedures were discussed, and Mayor Russo requested the auditors address the control procedures in their management letter. COMMENTS FROM THE PUBLIC: Sam Carsillo, 10063 Dahlia Avenue, compared the Ryder Cup proposal to closing Steeplechase to traffic years ago, and recommended the people of PGA National take the same steps to close Ryder Cup for the good of the residents. CONSENT AGENDA: CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/7/02 3 Council member Clark moved approval of the consent agenda with the exception of items i, j, and k. Vice Mayor Jablin seconded the motion, which carried by vote of 5 -0. a. Consideration of approving Minutes from the January 10, 2002 Regular City Council Meeting. b. Resolution 149, 2001 — Regional Center Parcels 27.12, 27.14 and Lake Victoria Gardens Avenue Plat. Consideration of approving Regional Center Parcels 27.12, 27.14 and Lake Victoria Gardens Avenue Plat. c. Resolution 152, 2001 — PGA Commons Plat 2 Plat. Consideration of approving PGA Commons Plat 2 Plat. d. Resolution 10, 2002 — Special Master. Consideration of appointing Kevin M. Wagner to serve as Code Enforcement Special Master and executing the agreement. e. Resolution 13, 2002 - EMPA Grant for Fire Training. Consideration of authorizing execution of an application for State of Florida Division of Emergency Management Community Affairs funds for a fire training facility, and to enter into an agreement for the monies. f. Resolution 14, 2002 — Irrigation End User Agreement for Fire Station #4. Consideration of approving an Irrigation End User Agreement for Fire Station #4 ( Mirasol) between the Mirasol Master Maintenance Association, Inc. and the City of Palm Beach Gardens. g. Resolution 16, 2002 — Rescue Chassis. Consideration of authorizing the exchange of surplus property. h. Resolution 17, 2002 — American Red Cross. Consideration of approving an agreement with the American Red Cross for the use of City facilities as a command post. 1. Resolution 21, 2002 - Evergrene PCD Plat. Consideration of approving the Evergrene PCD Plat. m. Resolution 23, 2002 - GSG Contract — PGA Flyover Assessment Program. Consideration of approving an agreement with Government Services Group (GSG), Inc. to provide preliminary program testing procedures. City Attorney Rubin explained that items (i) and 0) which were pulled from the consent agenda apparently contained Scribner's errors in the contracts distributed in the packets; however, corrections had been made and new versions distributed to the Council. The Human Resources Director explained there had been several typographical errors, which had been corrected. i. Resolution 18, 2002 -PBA Contract — Police Officers, Sergeants and Communications Operators. Consideration of approving and ratifying an agreement with the Police Benevolent Association for Police Officers, Sergeants and Communications Operators employed by the City's Police Department for Fiscal Years 2001 -02, 2002 -03 and 2003 -04. Council member Clark moved to approve Resolution 18, 2002. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. j. Resolution 19, 2002 - PBA Contract — Lieutenants. Consideration of approving and ratifying an agreement with the Police Benevolent Association for Lieutenants employed by the City's Police Department for Fiscal Years 2001 -02, 2002 -03 and 2003 -04. Council member Clark moved to approve CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/7/02 4 Resolution 19, 2002. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. k. Resolution 20, 2002 - Award of Contract — Artists. Consideration of approving two agreements for the creation, delivery and installation of sculptures for the City's Municipal Complex. The City Attorney explained that Resolution 20, 2002 was only for the sculpture to be placed in the lobby. Council member Clark moved to approve Resolution 20, 2002. Vice Mayor Jablin seconded the motion. During discussion of the motion it was pointed out that two members of the Council would like more information; therefore, Council member Clark withdrew his motion. Vice Mayor Jablin indicated he would explain the size and mass of the sculpture in the lobby following the meeting. PUBLIC HEARINGS: Resolution 81, 2001 - Mayor Russo declared the public hearing open, held on the intent of Resolution 81, 2001 - Consideration of amending Resolution 96, 1999, the Consolidated and Amended Development Order for the Regional Center Development of Regional Impact (DRI) and Planned Community District (PCD); providing for amendment of the Master Development Plan to reconfigure the alignment of Victoria Gardens Drive, relocate the Neighborhood Commercial Parcel 6, redesignate the use of Parcel 6 as Multifamily Residential, redistribute the acreage of Parcel 7 between Parcel 2 and the Community Serving Open Space Area around Lake Victoria, increase the square footage of Commercial Uses by 200,000 square feet, and amend condition #1 to establish and adopt a Land -Use Conversion Matrix and General Land -Use and Design Guidelines for the area west of the Water Management Tract and south of Gardens Boulevard; providing that the City Clerk shall transmit copies of this resolution to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, MacArthur Center Property Owners Association, Inc., and the Mall Properties Ltd.; providing for repeal of Resolutions in conflict; and providing for an effective date. Hearing no comments from the public, Council member Furtado made a motion to continue Resolution 81, 2001 to the meeting of February 21, 2002. Council member Clark seconded the motion. Mayor Russo commented this situation had arisen because all information had not been received. Growth Management Director Charles Wu indicated he could not predict when all information would be received. Discussion ensued. Council member Sabatello requested staff recommend timing for continuation. Mr. Wu recommended any meeting after the March 7 meeting. The original motion and second were withdrawn. Attorney John Gary commented the applicant had met with staff that morning and had been prepared to make a presentation tonight reviewing all ADA and Map H information. Attorney Gary indicated that staff had been given all information the applicant planned to rely on concerning the 20 -acre park. Mayor Russo indicated that other information, such as traffic information, had not yet been received. Attorney Gary requested the continuation be set for the earliest possible date. The City Council decided to continue the public hearing to March 7 and to discuss the language at the next meeting on February 21. Council member Clark made a motion to continue the public hearing for Resolution 81, 2001 to March 7. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Mayor Russo announced he would not be CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/7/02 5 voting on this Resolution; however, the City Attorney had advised him that he could vote to continue the public hearing. Ordinance 8, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, rezoning approximately 730.3 acres of land known as "Hungryland Slough" and located on the west side of Bee Line Highway, approximately 3.5 miles north of the intersection of PGA Boulevard, as described herein, from Planned Development Area (PDA) to Conservation (CONS); amending the official City zoning map; providing for conflicts; providing for severability; and providing for an effective date, for consideration of first reading. Mr. Wu presented the request. Mayor Russo declared the public hearing open, held on the intent of Ordinance 8, 2002. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Council member Clark moved that Ordinance 8, 2002 be placed on first reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 8, 2002 on first reading by title only. RESOLUTIONS: Resolution 182, 2001 — Approving a Site Plan application for "Parcels 1, 2 & 7" with a total of 320 single - family units within the Evergrene PCD, located between Hood Road & Donald Ross Road. Senior Planner John Lindgren presented the project and answered questions from the City Council. It was recommended that whenever waivers were granted that the reasons for those approvals be announced for the benefit of the public. Henry Skokowski, agent for the applicant, clarified for Council member Sabatello that the rear decks would be brought to a 3' setback, the same as on the screen enclosures, with the fence on the property line. Mr. Skokowski also clarified the other setbacks, and that there would not be homes with the same architectural style or floor plan next to one another. Mr. Skokowski reviewed the lot coverages. Council member Clark moved approval of Resolution 182, 2001 with the changes read into the record and agreed to regarding the deck setbacks as noted by the applicant to Council member Sabatello. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Resolution 15, 2002 — Approving a Site Plan application for two restaurants within the Gardens Mall totaling approximately 10,903 square feet, located within the Regional Center DRI along PGA Boulevard. Principal Planner Talal Benothman presented the project, answered questions from the City Council, and clarified that staff had revised page 2 of the resolution and had so notified the City Clerk. A representative of Gardens Mall indicated their challenge was to continually upgrade the mall, and explained that these restaurants were really needed. The Council thanked the applicant for their participation in the TIPS program. Council member Clark made a motion to approve Resolution 15, 2002 with the change as read into the record regarding the changes on page 2 that had been delivered to the City Clerk. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. ORDINANCES: Ordinance 1, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the enactment of a Flood Damage Prevention Plan to conform to the National Flood insurance Act of 1986, as amended, and the adoption of Floodplain Management Regulations that meet the standards of the National Flood Insurance Program; providing for repeal of Ordinance 4, 1987 and existing regulations; providing for the revision of Section 78 -523, "Design Storm "; providing for a new CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/7/02 6 Subdivision VI of Division 9 of Article V of Chapter 78 of the City Code of Ordinances entitled "Floodplain Regulations," providing for codification; providing for severability; providing for conflicts; and providing for an effective date, for consideration of first reading. Planner Kara Irwin presented the request, and explained how this program could reduce flood insurance premiums for residents. Council member Clark moved that Ordinance 1, 2002 be placed on first reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 1, 2002 on first reading by title only. ADJOURNMENT: There being no further business to dis ss, upon motion by Council member Clark, seconded by Vice Mayor % 7�rlthe meeting was adjourned at 10:10 P.M. APPROVAL: M TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO ATTEST CAROL GOLD_ ( -' CITY CLERK w 4 \T � ¢`� _