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.
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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:
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