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HomeMy WebLinkAboutMinutes Council 011603CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING January 16, 2003 The January 16, 2003 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:28 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Vice Mayor Sabatello, Councilmember Clark, Councilmember Russo, and Councilmember Delgado. ADDITIONS, DELETIONS, AND MODIFICATIONS: Mayor Jablin announced a consent agenda addition of a proclamation for PGA National Resort and Spa Day to be held January 17, 2003; requested that first reading of Resolution 1, 2003 for Wachovia Bank rezoning be moved to the February 20, 2003 meeting; that Donald Ross Village Upland Mitigation be moved to the front of the agenda and immediately following that to hear Resolution 22, 2003. Councilmember Delgado moved the additions, deletions, and modifications as announced by the Mayor. Councilmember Clark seconded the motion, which carried by unanimous 5 -0 vote. ITEMS & REPORTS BY MAYOR AND COUNCIL: Councilmember Russo reported the Honda Classic plans were going well and thanked staff and the business community for their participation. Councilmember Russo reported Gary Carter had been elected to the Baseball Hall of Fame. It was the consensus of the City Council to hold a Gary Carter Day and to dedicate the new ballfield at Mirasol to be Gary Carter Field. Councilmember Clark reported work was continuing on the environmental brochure. It was the consensus of the City Council to request DOT delay start of rehabilitation of PGA Boulevard Bridge approximately 6 months to avoid overlapping with construction of the PGA Flyover. The Mayor reported that the new Green Market was a resounding success, and thanked Public Works for painting the fire training tower. Changing the second meeting in February to the 24`h so as not to conflict with Passover was discussed; however, no resolution was reached. Mayor Jablin reported that at the workshop before this meeting the Blue Ribbon Committee had presented their final recommendation for drainage. Councilmember Russo moved to adopt the final report of the Blue Ribbon Committee and to direct staff to move forward to check legalities, funding, etc. in order to begin implementation. Motion was seconded and carried by unanimous 5 -0 vote. CITY MANAGER REPORT: City Manager Ferris reported that the RFP for legal services for the City had resulted in responses from six firms and one individual. Discussion ensued. Direction to the City Manager was to interview the one individual who had applied and bring back a report at the next meeting. Councilmember Delgado left at this point in the meeting due to illness. A presentation was provided by Mr. Cliff Danley, Executive Director of the Honda Classic. Mayor Jablin thanked Councilmember Russo and Mr. Danley for their work on this project. Staff explained the items on tonight's agenda that were required for the Honda Classic. COMMENTS FROM THE PUBLIC: Roger Blangy,11658 Hemlock Street, read aloud a letter to Mayor Jablin recommending a Palm Beach Gardens Memorial Park cemetery for all faiths. Discussion ensued. No one on the City Council expressed an interest in proceeding with this suggestion. Alan Ciklin requested a workshop meeting be held for Christ e CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/16/03 Fellowship for the east 20 acres. Growth Management Administrator Charles Wu recommended holding a workshop meeting before this application went to DRC. Staff was directed by the City Council to set a workshop date. CONSENT AGENDA: Councilmember Clark made a motion to approve the consent agenda. Councilmember Russo seconded the motion, which carried 4 -0. The following items were approved on the consent agenda: a. Consideration of approving Minutes from the December 5, 2002 Regular City Council Meeting. \ b. Consideration of approving Minutes from the December 19, 2002 Workshop City Council Meeting. C. Consideration of approving Minutes from the December 19, 2002 Regular City Council Meeting. d. Resolution 1, 2003 — Interlocal Agreement with Palm Beach County and the City of Palm Beach Gardens regarding use of interoperable frequencies. Consideration for approving an Interlocal Agreement with Palm Beach County for interoperability through Common Law Enforcement Talk Groups and authorizing the Mayor and City Clerk to execute said agreement. e. Resolution 7, 2003 — Agreement with Garden Oaks Property Owners Association. Consideration for approving an agreement between the City and the Gardens Oaks Property Owners Association for Uniform Traffic Control on private streets and roadways within the Garden Oaks Community. Authorizing the Mayor and City Clerk to execute the agreement. f. Resolution 9, 2003 — Contract with Government Services Group, Inc. to Continue PGA Flyover Assessment Service for Fiscal Years 2003/2004 and 2004/2005. Consideration of approving an agreement with Government Services Group, Inc and authorizing the Mayor and City Clerk to execute same. g. Resolution 15, 2003 — Agreement with BellSouth for the maintenance of the Cisco Smartnet 6509 network switch. Consideration for approving an agreement with BellSouth for the maintenance of the Police Department's Cisco 6509 Data Communications Switch by "Piggybacking" State Contract No. 250- 000 -03 -1. h. Resolution 18, 2003 - Appoint Theresa LePore, Supervisor of Elections, as an additional member to the City's Canvassing Board. Consideration of appointing the Supervisor of Elections to the City's Canvassing Board and authorizing the Supervisor of Elections to act on the City's behalf. i. Resolution 23, 2003 — Award of Printing Services Bid. Consideration for accepting the proposal from Topline Printing and Graphics, Inc. to provide printing and distributing services and authorizing the Mayor and City Clerk to execute an agreement. j. Proclamation — Consideration of approving a proclamation recognizing Arbor Day. k. Proclamation — Consideration of approving a proclamation recognizing the Florida Association of City Clerks' thirtieth anniversary. 1. Proclamation — Consideration of approving a proclamation for PGA National Resort and Spa Day to be held January 17, 2003. ITEM FOR DISCUSSION Donald Ross Village Upland Mitigation - City Forester Mark Hendrickson presented the CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/16/03 3 project. Hank Skokowski spoke on behalf of the applicant requesting that this application be moved forward with the option to mitigate off -site 1.69 of the acreage required to be upland preserve. Consensus was to let this application move forward to first reading without setting a precedent for other applications. RESOLUTION Resolution 22, 2003 — Placing Bond/Land Acquisition for referendum vote. Consideration for calling a Referendum Election on March 11, 2003 for approval of a proposed bond issue to enhance and improve Park and Recreation Facilities and protect open space for a new park. Councilmember Clark moved approval of Resolution 22, 2003. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. PUBLIC HEARINGS Ordinance 51, 2002 — Shell Gas Station PUD Amendment — Sign & Color Changes. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to the PGA Shell Service Station Planned Unit Development located at 4445 PGA Boulevard to allow color changes to the building elevations and new signage; providing for conditions of approval; providing for a waiver; providing for conflicts; providing for severability; and providing for an effective date — for consideration of second reading. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 51, 2002. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark moved approval of Ordinance 51, 2002 on second reading by title only. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 51, 2002 on second reading by title only. Ordinance 52, 2002 —Sign Code Amendment Non - Commercial Messages. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the Palm Beach Gardens Code of Ordinances by amending Chapter 78 "Land Development," Article V, "Supplementary District Regulations," Division 6, "Signs," by adding Section 78- 291 "Non- Commercial Messages "; providing for conflicts; providing for severability; providing for codification; and providing for an effective date, for consideration of second reading. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 52, 2002. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark moved approval of Ordinance 52, 2002 on second reading by title only. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 52, 2002 on second reading by title only. Ordinance 49, 2002 — Special Events. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the City Code of Ordinances by repealing Section 78 -187, "Special Events," of Chapter 78, "Land Development," and adopting a new Section 78 -187, and amending Article VIII, Section 78 -751, "Definitions "; providing for codification; providing for conflicts; providing for severability; and providing for an effective date — for consideration of second reading. Planner Natalie Wong presented the changes to the proposed amendment since first reading. It was requested that the 21 -day time period for special events such as the Pumpkin Parch be changed to 30 days. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 49, 2002. Ed Gruvman, Nutrition S'Mart, requested consideration o f f our s pecial e vents p er y ear a s opposed to three, which the Council did not grant; however, Mr. Gruvman was advised that the City Council would review this ordinance in one year. Joan Altwater, Cypress Hollow CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/16/03 4 Drive, expressed concern that special events by institutions with more than one location had not been addressed. Ms. Altwater was advised that conditions of approval would supercede this ordinance. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark moved approval of Ordinance 49, 2002 on second reading by title only with changing the proposed 21 -day limit for Pumpkin Patch and Christmas Tree sales with a 5 -day extension to a flat 30 -day time limit; and with off - premises sign language as provided by staff. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 49, 2002 on second reading by title only. Mayor Jablin indicated his support for reviewing Ordinance 49, 2002 in one year. RESOLUTIONS Resolution 12, 2003 — Special Events Fees. Consideration of amending the City of Palm Beach Gardens Master Schedule of Fees and Charges to include a fee for Special Events and to include an Appeal Fee for denial of a Special Event. Councilmember Russo moved approval of Resolution 12, 2003. Councilmember Clark seconded the motion, which carried by unanimous 4 -0 vote. Resolution 184, 2002 — Evergrene Master Sign Program. Consideration of approving a Master Sign Program for the Evergrene Planned Community District (PCD), located between Military Trail and Alternate AIA, north of Hood Road and south of Donald Ross Road; providing for amendments to certain conditions in previously approved Resolution 150, 2002, Resolution 72, 2002, Resolution 181, 2001, and Resolution 182, 2001 relating to lighting; providing for waiver; providing for condition(s) of approval; providing for conflicts; providing for severability; and providing for an effective date. Principal Planner Talal Benothman presented the proposal. Hank Skokowski spoke on behalf of the applicant. Councilmember Clark made a motion to approve Resolution 184, 2002 with the amendment to change the 12 months limitation to place City signs on the corner to 24 months. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. Resolution 2, 2003 — Authorizing the Provision of In -kind Services to Assist the Classic Foundation, Inc. Consideration of approving in -kind support services to assist the Classic Foundation, Inc. in implementing the Honda Classic Golf Tournament. Councilmember Clark made a motion to approve Resolution 2, 2003. Councilmember Russo seconded the motion. The City Attorney verified that Councilmember Russo had no conflict of interest from his involvement in the Honda Classic since there was no monetary gain, and he was not excluded from voting. Motion carried by unanimous 4 -0 vote. Resolution 3, 2003 — Approve a $25,000 Grant for the Classic Foundation, Inc. Consideration for approving a $25,000 Grant to the Classic Foundation, Inc. to provide City police services for the Honda Classic Golf Tournament. Councilmember Clark made a motion to approve Resolution 3, 2003. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. Resolution 4, 2003 — Special Use Agreement with Classic Foundation, Inc. Consideration of approving an agreement with the Classic Foundation, Inc. for the use of City facilities in connection with the Honda Classic Golf Tournament. Councilmember Clark made a motion to approve Resolution 4, 2003. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. Resolution 5, 2003 — Approve Lease Agreement with the School Board of Palm Beach County and Sub -Lease Agreement with the Classic Foundation. Consideration of approving CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/16/03 5 a Lease Agreement with the School Board of Palm Beach County and a Sub -Lease Agreement with the Classic Foundation, Inc. to provide for temporary parking within the Mirasol School site. Staff indicated the School Board would like to extend the time they would have access to the land. It was indicated that details would be worked out with the School Board. Councilmember Clark made a motion to approve Resolution 5, 2003. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. Resolution 8, 2003 — Purchase of seven (7) Harley- Davidson Motorcycles. Consideration of awarding the bid for the purchase of seven (7) Harley- Davidson Police Motorcycles to Harley Davidson of Palm Beach, Inc. Presentations were provided by Finance Director Alan Owens and Police Lt. Glenn Brown. Councilmember Clark made a motion to approve Resolution 8, 2003. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. Resolution 13, 2003 — Appointment/Reappointment of P &Z Commission Members. Consideration of providing for the reappointment of six (6) regular members and the appointment of one (1) new regular member and two (2) alternate members to the Planning and Zoning Commission of the City of Palm Beach Gardens. Councilmember Clark made a motion to approve Resolution 13, 2003. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. Resolution 14, 2003 — Opposing the Construction of the El Paso Seafarer Natural Gas Transmission Pipeline. Councilmember Russo made a motion to approve Resolution 14, 2003. Vice Mayor Sabatello seconded the motion. During discussion of the motion, Councilmember Clark stated his opposition to the resolution. Councilmember Russo withdrew his motion and Vice Mayor Sabatello withdrew his second in order to allow residents to speak. Amir Kanel, Steeplechase HOA President, expressed their H OA's opposition to construction of the gas line as proposed because of the danger to residents close to the line, and referred to a recent accident in Lake Worth. AUDIO RECORDING WAS INTERRUPTED HERE DUE TO POWER SURGE. A motion was made to approve Resolution 14, 2003. The motion was seconded, which carried by a 3 -1 vote. Resolution 17, 2003 — NorthCorp Lots 4 & 5 Amendment to Resolution 43, 2002. Consideration for an amendment to Condition 3 of Resolution 43, 2002, relating to the timing of installation of perimeter buffer landscaping for "Lots 4 & 5" of the Northcorp Planned Community District (PCD), Located between Riverside drive and East Park drive. A motion was made to approve Resolution 17, 2003. The motion was seconded, which carried by a unanimous 4 -0 vote. Resolution 22, 2003 — Placing Bond/Land Acquisition for referendum vote. Consideration for calling a Referendum Election on March 11, 2003 for approval of a proposed bond issue to enhance and improve Park and Recreation Facilities and protect open space for a new park. A motion was made to approve Resolution 22, 2003. The motion was seconded, which carried by a unanimous 4 -0 vote. , , L CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/16/03 6 ORDINANCES Ordinance 3, 2003 — Reinstating of the "MacArthur Banyan Tree Historic Overlay Protection Zone ". An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to Section 78 -682 of the City Code of Ordinances, entitled "Historical and Archaeological Sites," by adding a third criterion, and to establish the MacArthur Banyan Tree as a locally designated historic and/or archaeologically significant site; providing for enactment of Section 78 -683 of the Code of Ordinances, entitled "MacArthur Banyan Tree Historic Overlay Protection Zone "; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. A motion was made to approve Ordinance 3, 2003. The motion was seconded, which carried by a unanimous 4 -0 vote. POWER WAS RESTORED TO THE AUDIO RECORDING SYSTEM DURING THE FOLLOWING AGENDA ITEM Ordinance 4, 2003 — Benjamin High School PUD Amendment. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of an amendment to the Benjamin Private High School Planned Unit Development by allowing an increase in on -site upland preserve area, off -site mitigation of the wetland preserve area, relocation and redesign of the athletic fields, relocation of the field house and associated parking, and minor modification to the approved architectural elevations, located approximately one -half mile south of Donald Ross Road on the west side of Central Boulevard, and as more particularly described herein; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; providing for an effective date — for consideration of first reading. Anne Booth, Urban Design Studio, spoke on behalf of the petitioner. Councilmember Clark made a motion to place Ordinance 4, 2003 on first reading by title only. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 4, 2003 on first reading by title only. ITEMS FOR DISCUSSION Proposed Countywide Prohibited Invasive Non - Native Vegetation Removal Ordinance — City Forester Mark Hendrickson explained that the County was changing their eradication procedure to become county wide and explained how this ordinance targeted nine specific plants for removal with set deadlines. Staff recommended opting out with the City adopting their own ordinance. Consensus was to opt out of the County's plan. Roadway Improvements — Vice Mayor Sabatello asked whether the City could be involved in time schedules for roadway improvements. Councilmember Clark advised that DOT representatives were available through the MPO and welcomed input from municipalities, but specific projects needed to be addressed. Councilmember Clark indicated the turnpike authority had indicated a dedicated lane for Sunpass was being considered for the PGA Boulevard turnpike exchange, and a suggestion had been made to give away the transponders to raise usage. Mayor Jablin requested and received consensus to send letters to other municipalities named in Resolution 14, 2003. ADJOURNMENT: CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/16/03 7 There being no further business to discuss, the meeting was adjourned at approximately 10:40 p.m. APPROVAL: FAl'R1G1A.� NIDER_" CITY -JsRK,