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HomeMy WebLinkAboutMinutes Council 020603CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING February 6, 2003 The February 6, 2003 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. 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. A moment of silence was observed for the seven astronauts lost in the Columbia tragedy. ITEMS & REPORTS BY MAYOR AND COUNCIL: Councilmember Delgado reported regarding a fundraiser held in memory of Mary Belle Hayes, to benefit the line dancing program at Riverside Community Center, in which she had participated for twelve years. Councilmember Delgado reported the Palm Beach County League of Cities annual installation dinner would be held at BallenIsles May 17, 2003, and the first annual League of Cities Golf Tournament would be held at BallenIsles Country Club June 13, 2003. Councilmember Delgado reported she was attending a class on local government from Florida Leadership Institute; and had attended League of Cities events in Tallahassee. Councilmember Russo reported the event honoring Gary Carter would be held March 30, and he would be inducted into the Hall of Fame July 27. Councilmember Russo expressed his opinion that the city must become involved in the issue of career academies versus magnet schools, and he had attended a Magnet Board meeting. Mayor Jablin reported the Education Advisory Board had held several meetings with School Board representatives on this issue. Councilmember Russo reported he had attended the PGA Champion Golf Course opening; a Frenchman's Reserve event; and presented a list to the City Council of everyone who had purchased advertising for the Honda Classic. Councilmember Russo expressed his opinion that the explanation for the charter change regarding the city attorney in Better Government in Gardens was not a fair representation for the change. Mayor Jablin reported he had received a call from Charles Stone with FEC railroad who inquired about the stipulation for Kyoto Gardens Drive, and asked that a report be provided on this matter. The Mayor reported that the turnpike interchange meeting was being held that evening and he and Councilmember Delgado had gone there before the City Council meeting; he had expressed his comments to the court reporter in opposition to the interchange as currently proposed, and Councilmember Delgado had given her comments to the President of Steeplechase HOA to be read at the meeting, also in opposition. Mayor Jablin was in favor of a split interchange for southbound traffic at Jog Road and Beeline Highway, and at Haverhill for northbound traffic. Councilmember Russo had spoken with Commissioner Marcus, who had indicated she wanted to help. It was reported that Senator Foley and Senator Atwater had also indicated their support. Councilmember Russo recommended that the City adopt a Resolution with that plan. Mayor Jablin requested a formal letter be sent to the county to request a study. Councilmember Clark indicated he would take the Resolution to the MPO to enlist their support. Mayor Jablin reported attendance at the Arbor Day event, and at the Annual External Committee luncheon at Frenchmans Creek. Mayor Jablin reported that the Green Market was in its fifth week and was a huge success. The Mayor announced that on January 19 a chamber music concert was held at City Hall and another was scheduled for February 16. Councilmember Delgado provided an update on the work of the Northlake Boulevard Task Force. CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/6/03 2 CITY MANAGER REPORT: City Manager Ferris reported that in order to preserve rights for assessments as recommended by the Blue Ribbon Committee, the City Council tonight would have to approve certain steps as mandated by the State. A procedural meeting was set for February 27 at 7 p.m. A motion to proceed was made by Councilmember Clark, seconded by Councilmember Russo, and carried by unanimous 5 -0 vote. COMMENTS FROM THE PUBLIC: Joan Elias, Diamondhead Way, President of C.A.N. in PGA National, thanked Councilmember Russo for attending their club, commented on how good the concert had been, and expressed support for the proposed turnpike interchange resolution. Steven Tarr, former Planning & Zoning commissioner, commented that at the January 16 City Council meeting he had been the only regular member of the P &Z Commission not reappointed, and there were at least two current members who had served longer than the six -year limit. Mr. Tarr commented that from materials provided by staff, a good P &Z Commissioner was one who had time to attend meetings, time to prepare for meetings, one who was fair and consistent from meeting to meeting, not afraid to challenge staff and developers and not yield to a questionable development; which described himself; and unlike some reappointed members, not to have conflict of interest regarding personal economic gain for themselves. Mr. Tarr reported he had questioned not being reappointed, and reported contacts he had made and some made to him in this regard. Mr. Tarr recommended the appointment process be re -done even if he was not a candidate and that members beyond the 6 -year limit and those with conflicts of interest regarding personal economic gain not be reappointed. Mr. Tarr indicated that he was disappointed he was no longer on the commission and was disappointed in the City Council since the reappointments had been left up to the liaison. Councilmember Russo apologized to Mr. Tarr but indicated that the Council relied on information from liaisons. Mayor Jablin and Councilmember Delgado also indicated the Council relied on information provided by liaisons, and that the Council had the power to reappoint members who had served more than six years, and had done so. Terry Brady, Garden Oaks Homeowners Association, reported there would be a public hearing at the county regarding closing the road in front of their community. Mayor Jablin requested staff investigate this matter and report back. Ann Corhart, 9859 Hyacinth Circle North, reported she got a letter from the city regarding the canal restoration and she would have to remove her fence and sprinkling system. Staff reported her fence would stay where it was, and no fences in the area would be affected. R. W. Bussey, Honeysuckle Avenue, asked when the restoration would begin. Staff presented a power point update on the canal restoration project. Charlene Lightman, Gardenia Drive, commented blue stakes had been placed 30 inches from her foundation and pool. A member of the staff indicated he would come to the site. Cheryl Scott, Gardenia Drive, expressed concern that the plans for the canal had changed from the plans shown to the residents. Staff reported the canal would not be made bigger; the orange stakes were the right -of- way and the blue stakes were the utility easement and the blue stakes were where dirt would be added, and a maintenance platform would only be made on the one side of the canal. Richard Orman, Oak Street, noted that the resolution to put a $20 million bond issue on the ballot was under the consent agenda and requested it be removed and placed on the regular agenda so that there could be open discussion. Mr. Orman stated he was a member of the PGA Boulevard Residents Coalition, and of all the members of the Planning and Zoning Board, Steven Tarr had been the person most well - informed and understanding of the issues they had presented, and at other P &Z meetings he had attended, Mr. Tarr seemed to be the only one who raised serious objections to issues and problems that developers potentially raised. Mr. Orman stated he was really upset that Mr. Tarr had been removed from the P &Z Board and could not understand why someone who gave that kind of service CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/6/03 to the city and took the alternative course of raising the tough questions and put the developers on the spot to do things right would be dismissed from the board, and it made him very suspect regarding how business was being done in the city. City Attorney Len Rubin responded that the resolution Dr. Orman referred to had been on the regular agenda at the last meeting and passed 4 -0, and was on consent agenda tonight because bond counsel had certain issues he wanted to correct, so everything was the same as approved except for a slight change in language requested by bond counsel. CONSENT AGENDA: Councilmember Clark made a motion to approve the consent agenda. Councilmember Russo seconded the motion, which carried 5 -0. The following items were approved on the consent agenda: a. Consideration of approving Minutes from the January 16, 2003 Regular City Council Meeting. b. Consideration of approving Minutes from the January 16, 2003 Workshop City Council Meeting. C. Resolution 11, 2003 — Golf Cart Lease Agreement. A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the lease - purchase of 80 golf carts with Citicapital Commercial Corporation by piggybacking City of Port St. Lucie contract No. 20020008; authorizing the Mayor, City Clerk and City Staff to execute all documents necessary to effectuate such lease purchase; providing for severability; providing for conflicts; and providing for an effective date. d. Resolution 16, 2003 — Sports Lighting Warranty Mirasol Park. A resolution of the City Council of the City of Palm Beach Gardens, Florida, authorizing the purchase of an extended warranty for the Mirasol park sports lighting system from MUSCO Lighting, Inc; providing for severability; providing for conflicts; and providing for an effective date. e. Resolution 20, 2003 - Equipment Purchase - Hector Co. A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the piggyback purchase of field maintenance equipment for use at Mirasol Park; providing for severability; providing for conflicts; and providing for an effective date. f. Resolution 21, 2003 - Equipment Purchase - John Deere Co. A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the piggyback purchase of a utility vehicle for use at the Mirasol Park; providing for severability; providing for conflicts; and providing for an effective date. g. Resolution 28, 2003 — Calling for a Referendum election on March 11, 2003. A resolution of the City Council of the City of Palm Beach Gardens, Florida, calling for a referendum election on March 11, 2003 for approval of a proposed bond issue to finance acquisition of land to protect open space from development, provision of nature education facilities for children, improving of parkways, parks and recreation facilities and provision of new trails; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. PUBLIC HEARINGS: 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 CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/6/03 4 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 — for consideration of second reading. Growth Management Administrator Charles Wu presented the request. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 3, 2003. Carol Estrada, Riverside Drive, thanked the City Council for acting on this matter. It was clarified that the protected area was 200 feet radius around the tree. Hearing no further comments, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place on second reading and approve Ordinance 3, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 3, 2003 on second reading by title only. 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 - halfmile 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 second reading. Planner Jackie Holloman presented the requested amendment. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 4, 2003. Hearing no comments, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place on second reading and approve Ordinance 4, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 4, 2003 on second reading by title only. RESOLUTIONS: Resolution 208, 2002 — Old Palm Golf Club Master Sign Program. A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving a master signage program for the Old Palm Golf Club Planned Community District (PCD), generally located at the northwest corner of PGA Boulevard and Central Boulevard, more particularly described in exhibit A attached hereto; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; providing for an effective date. Planner Jackie Holloman presented the project. Councilmember Clark made a motion to approve Resolution 208, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 215, 2002 — Old Palm Golf Club Clubhouse, Fitness Center and Casitas. A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving a 9.64 -acre site for a Clubhouse, Fitness Center and Casitas on parcel Fl within the Old Palm Golf Club Planned Community District (PCD), generally located at the northwest corner of PGA boulevard and central boulevard, as more particularly described in exhibit A attached hereto; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; providing for an effective date. Planner Jackie Holloman presented the project. Henry Skokowski spoke on behalf of the applicant. Councilmember Clark made a motion to approve Resolution 215, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/6/03 5 Resolution 25, 2003 — PGA Commons Parcel 3 - Art in Public Places. A resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of the art in public places proposal for PGA commons parcel 3, located on the south side of PGA boulevard, east of its intersection with hickory drive, as more particularly described herein; providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. Senior Planner Kara Irwin presented the project. Councilmember Clark made a motion to approve Resolution 15, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 5- 0 vote. Resolution 29, 2003 — Consideration of Employment Contract for in house Attorney. A resolution of the City Council of the City of Palm Beach Gardens, Florida, appointing Christine Tatum as in -house city attorney to perform the duties of chief legal advisor for the City of Palm Beach Gardens and approving an agreement with Christine Tatum; providing for conflicts; providing for severability; and providing for an effective date. City Manager Ron Ferris provided information. Councilmember Clark made a motion to approve Resolution 29, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. ORDINANCES: Ordinance 53, 2002 - Donald Ross Village Mixed —Use Planned Unit Development. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of a rezoning from planned development area to mixed use planned unit development to be known as the Donald Ross Village and approval for 156 multi- family residential units, 93 -room hotel, 9,000 square feet of professional (business) office, 3,236 square feet of gas /convenience store, 4,000 square feet of bank, 14,873 square feet of drug store, 13,000 square feet of restaurant use, 2,400 square feet of outdoor seating area for retail, and 88,987 square feet of retail uses on an approximately 45 -acre site generally bounded by Donald Ross road to the north, Central Boulevard to the west, and Military Trail to the east; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date — for consideration of first reading. Principal Planner Talal Benothman presented the project. Henry Skokowski spoke on behalf of the applicant and answered questions from the Council. Councilmember Clark made a motion to place Ordinance 53, 2002 on first reading. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 53, 2002 on first reading by title only. Ordinance 2, 2003 — Budget Amendment — Budget - -Carry Forward Fiscal Year 2003. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment of the city of City of Palm Beach Gardens budget for the fiscal year beginning October 1, 2002, and ending September 30, 2003, inclusive. Providing for conflicts; providing for severability; and providing for an effective date — for consideration of first reading. Finance Director Alan Owens presented the proposed amendment. Councilmember Clark made a motion to place Ordinance 2, 2003 on first reading. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 2, 2003 on first reading by title only. Ordinance 5, 2003 — Budget Amendment — Fiscal Year 2001/2002 Year End Adjustments. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment of the City of Palm Beach Gardens budget for the fiscal year beginning October 1, 2001, and ending September 30, 2002, inclusive; providing for conflicts; providing for severability; and providing for an effective date — for consideration of first reading. Finance Director Alan Owens presented the proposed amendment. Councilmember Clark made a motion to place Ordinance 5, CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/6/03 2003 on first reading. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 5, 2003 on first reading by title only. ITEMS FOR DISCUSSION: Vice Mayor Sabatello commented on the appointments to the Planning & Zoning Commission, and that the comment on how the city did business bothered him. Vice Mayor Sabatello stated that Mr. Tarr had done a very good job for the city, and he assumed if the opportunity came that he would step up to serve again. The Vice Mayor explained that the goal was to have balance on the commission, with representation from different areas of expertise, leaning more toward engineering and architecture. Approximately 50% of the applications received had been from attorneys; however, an attorney was already on the commission. A very skilled architect had applied and had been chosen because one of the other architects on the commission was thinking of stepping down and this would allow a new architect a little time to become familiar with the commission. The Vice Mayor commented it was always hard to ask someone to step down, especially when that person put a lot of effort into the job; and also commented that when someone was good and skilled you tried to hold onto them as long as possible, even if it was more than six years. The Vice Mayor commented that conflicts of interest would always exist, and there had never been a problem. Vice Mayor Sabatello commented he wished he had been called, and he could have related what he was now saying, and explained that doing this had nothing to do with Mr. Tarr but with trying to achieve the right balance on the commission. The Vice Mayor commented that he received the packets and listened to meetings on the telephone, and felt staff was satisfied with his participation. Discussion ensued, with comments to the effect that Mr. Tarr had done a good job, and that there were other things to consider during this time of intense development. Councilmember Delgado commented it was time to seriously address the issue of the golf course. Councilmember Russo agreed. Mayor Jablin asked the City Manager to come up with some ideas. The City Manager indicated he could present alternatives as well as other considerations involved. ATTORNEY'S REPORT: City Attorney Rubin reported that two pending appeals from Tanglewood Code Enforcement violations had resulted in a $11,000 payment to the City, and that $7,000 more would be received. The City Attorney advised that Mr. Vavrus had been granted a certain time to amend his pleadings then the City would file amended pleadings. CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/6/03 ADJOURNMENT: There being no further business to APPROVAL: 7 meeting was adjourned at approximately 10:06 p.m. 1 VICE MAYOR SABATELLO COUNCILMEMBER D ATTEST:,- '. PATRICWSNIDER CITY- GL1✓-R� =;