HomeMy WebLinkAboutMinutes Council 032003CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
March 20, 2003
The March 20, 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, and opened with the pledge of
allegiance led by Carlton Coulter, a young man who had been elected Mayor for the day.
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 prayer was offered for the troops and civilians in the war.
Condolences were sent to Jack Downey, whose mother had passed away, and to Iris Lambert, whose
daughter had passed away.
ELECTION:
Resolution 47, 2003 - Declaring the Results of the City's General Election held March 11, 2003. A
resolution of the City Council of the City of Palm Beach Gardens, Florida, declaring the results of the
general Election held on March 11, 2003; providing for conflicts; providing for severability; and
providing for an effective date. Councilmember Clark made a motion to approve Resolution 47,
2003. Councilmember Russo seconded the motion, which carried by unanimous 5 -0 vote.
REORGANIZATION:
Appointment of a Temporary Chairman to Elect Mayor and Vice Mayor - Councilmember Clark
made a motion to appoint Councilmember Russo as Temporary Chairman to elect Mayor and Vice
Mayor. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote.
Appointment of Mayor and Vice Mayor — Temporary Chairman Russo called for nominations for
Mayor. Councilmember Clark made a motion to re- nominate Eric Jablin as Mayor for the coming
year. Councilmember Sabatello seconded the motion, which carried by unanimous 5 -0 vote.
Temporary Chairman Russo expressed his opinion that the person serving as Mayor should serve
more than one year. Temporary Chairman Russo called for nominations for Vice Mayor.
Councilmember Clark made a motion to re- nominate Carl Sabatello as Vice Mayor for the coming
year. Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote.
Appointment of a Chairman Pro - Tempore in Absence of both Mayor and Vice Mayor -
Councilmember Russo made a motion to nominate Councilmember Clark as Mayor Pro - Tempore.
Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 46, 2003 - Appointment of Mayor, Vice Mayor and Mayor Pro - Tempore. A resolution of
the City Council of the City of Palm Beach Gardens, Florida, providing for appointment of the
Mayor, Vice Mayor and Mayor Pro - Tempore for the City until their successors have been appointed
and qualified; and providing for an effective date. Councilmember Clark made a motion to approve
Resolution 46, 2003 with Eric Jablin as Mayor, Carl Sabatello as Vice Mayor, and David Clark as
Mayor Pro - Tempore. Councilmember Delgado seconded the motion, which carried by unanimous 5-
0 vote.
ADDITIONS, DELETIONS, MODIFICATIONS:
Councilmember Clark made a motion to move Appointment of Council Liaisons to Advisory
Boards /Committees /Organizations to the end of the agenda. Councilmember Russo seconded
the motion, which carried by unanimous 5 -0 vote. Mayor Jablin announced there had been
modifications to Resolutions 49, 50, and 51, 2003 and the modifications had been provided to
each councilmember.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/20/03 2
ANNOUNCEMENTS / PRESENTATIONS:
Swearing in ceremony for Police Chief Stephen J. Stepp — Chief Stepp introduced his family. The
City Clerk swore in Police Chief Stepp. Chief Stepp thanked staff for making him welcome. Mayor
Jablin paid tribute to retiring Chief FitzGerald and welcomed Chief Stepp.
ITEMS & REPORTS BY MAYOR AND COUNCIL:
Councilmember Delgado reported a local businessman, owner of Fairway Restaurant, had
volunteered to fund a trip to Washington, D. C. for Palm Beach Gardens High School Gatorettes, and
asked that he be recognized at an upcoming Council meeting. Councilmember Delgado reported that
at the last Northlake Task Force committee meeting, Charles Wu had been announced as alternate for
the City of Palm Beach Gardens, the Lake Park Town Manager had resigned, and Commissioner
Marcus had provided a draft agreement between the county and Palm Beach Gardens regarding the
city taking over the planning, zoning, and building functions for certain unincorporated areas along
Northlake Boulevard. Histories had been requested on these county -owned properties by the city.
After receipt of this information from the county and analysis by the city, a workshop would be held
with the City Council to discuss the potential impact to city staff and city resources. In addition, a
$10,000 funding grant had been requested from the city for the Northlake Task Force right -of -way
landscaping project, to which Councilmember Delgado indicated she believed the county should
contribute before the city did so, since the residents of the city had sent a clear message they wanted
no more taxes and no frivolous spending of tax dollars. Councilmember Delgado reported she been
honored by being named Woman of the Year by the Leukemia and Lymphoma Society.
Councilmember Russo thanked everyone associated with the Honda Classic, which had been an
extremely successful event, and reported that Mirasol contributed a significant amount of money to
the city's tax base, and the profit from the Honda Classic would be donated to childrens' charities.
Councilmember Russo reported he and staff members had met with Steve Mathison, representative
for the Blood Bank, and they were going to have an 8 -foot wall and re -do the entrance.
Councilmember Russo reported Commissioner Marcus had been pleased with the Honda Classic and
had indicated the county would get involved much earlier next year. Councilmember Russo
reminded everyone that Commissioner Marcus still had funds earmarked for MacArthur Boulevard
beautification, but if they were not requested they would be lost. Councilmember Clark also reported
the Honda Classic was a great event, and expressed sorrow for the loss of Iris Lambert's daughter,
Kim. Mayor Jablin thanked Councilmember Russo for making the first year of the Honda Classic in
the city a huge success. Councilmember Russo indicated he had had a lot of help from everyone
including the business community. It was the consensus of the City Council to pass a resolution
supporting the troops overseas at their next meeting. Mayor Jablin reported he and the City Manager
had gone to the Emergency Operations Center to hear a presentation from Palm Beach County
leaders and they had good plans to protect the residents. Councilmember Delgado reported she had
attended Jack Downey's mother's services.
CITY MANAGER REPORT:
Report by Engineer on the G 160 Structure on the C -18 Canal located in Mirasol. — City Manager
Ferris reported South Florida Water Management District had forgotten to include the city in this
process but it now had been included and the process had begun.
COMMENTS FROM THE PUBLIC:
Carol Estrada, Riverside Drive, reported she was concerned about when Congress Avenue would be
completed because of the traffic impact to her neighborhood, and had spoken with Commissioner
Marcus and learned it would be five plus years, but her research had not indicated when the City
Council had agreed to this. Councilmember Delgado indicated this had been presented to the council
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/20/03
in July and the reduction from 1 % to '/2% had not been recommended, but it was now a moot point
since it had already been voted down at county level. Ms. Estrada agreed with Councilmember
Russo that a request needed to be made to Commissioner Marcus for the funds earmarked for
MacArthur Boulevard beautification.
CONSENT AGENDA:
Councilmember Clark made a motion to approve the Consent Agenda with the exception of
Resolution 53, 2003. Councilmember Russo seconded the motion, which carried by unanimous 4 -0
vote. The following items were approved on the Consent Agenda:
a. Consideration of approving Minutes from the February 20, 2003 Regular City Council
Meeting
b. Consideration of approving Minutes from the February 27, 2003 City Council Public
Hearing.
C. Resolution 43, 2003 - Award of the Summer Camp Bus Transportation Bid. A resolution of
the City Council of the City of Palm Beach Gardens, Florida, approving an agreement with
Jupiter School Bus, Inc. For the summer camp transportation and authorizing the Mayor and
City Clerk to execute an agreement for same; providing for conflicts; providing for
severability; and providing for an effective date.
d. Resolution 59, 2003 - Agreement for Mass Care Host Shelters with the Red Cross. A
resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for
approval of an agreement for mass care host shelters by and between Palm Beach County
chapter of the American Red Cross and the City of Palm Beach Gardens; authorizing and
directing the Mayor and City Clerk to execute said agreement on behalf of the city; providing
for conflicts; providing for severability; and providing for an effective date.
e. Resolution 60, 2003 - Agreement for Use of facilities with the Red Cross. A resolution of the
City Council of the City of Palm Beach Gardens, Florida, approval of an agreement for a
shelter command post by and between Palm Beach County chapter of the American Red
Cross and the City of Palm Beach Gardens; authorizing and directing the Mayor and City
Clerk to execute said agreement on behalf of the city; providing for conflicts; providing for
severability; and providing for an effective date.
f. Resolution 64, 2003 — Mirasol Plat Five Subdivision Plat. A resolution of the City Council of
the City of Palm Beach Gardens, Florida, approving the Mirasol Plat Five Subdivision Plat
and, providing for conflicts; providing for severability; and providing for an effective date.
g. Resolution 65, 2003 - Re- appointment of one (1) member to the Board of Trustees of the
City of Palm Beach Gardens General Employees Pension Plan. A resolution of the City
Council of the City of Palm Beach Gardens, Florida, providing for the re- appointment of
one (1) member to the Board of Trustees of the City of Palm Beach Gardens General
Employees' Pension Plan; providing for conflicts; providing for severability; and
providing for an effective date.
h. Proclamation — March 2003, American Red Cross Month.
i. Proclamation — April — National Fair Housing Month.
j. Proclamation — April -- Days of Remembrance (Holocaust)
k. Proclamation — Gary Carter Day
RESOLUTIONS:
Resolution 53, 2003 — Award of Remedial and Environmental air conditioning system bid. A
resolution of the City Council of the City of Palm Beach Gardens, Florida, awarding a contract for
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Remedial and Environmental system improvements in City Hall, the Police Department, Fire Station
I and Burns Road Community Center to Advanced Integrated Services, Inc., providing for conflicts;
providing for severability; and providing for an effective date. Councilmember Clark made a
motion to approve Resolution 53, 2003. Councilmember Russo seconded the motion. During
discussion, staff explained the air conditioning for city hall, police and fire needed to be balanced,
and all needed equipment had not been originally installed. Staff indicated the City Attorney would
look into recovering funds. The vote on the motion carried unanimously 4 -0.
Resolution 42, 2003 — Lease Purchase 20 Marked Police Vehicles. A resolution of the City Council
of the City of Palm Beach Gardens, Florida, approving a master lease - purchase agreement with
SunTrust Leasing Corporation, an escrow agreement and related documents to fund the acquisition
of twenty (20) police patrol vehicles and authorizing the Mayor and City Clerk to execute all
documents necessary to effectuate such agreements; providing for conflicts; providing for
severability; and providing for an effective date. Staff presented Resolution 42, 2003 and Resolution
57, 2003. Councilmember Russo made a motion to approve Resolution 42, 2003. Councilmember
Clark seconded the motion, which carried 5 -0.
Resolution 57, 2003 — Purchase of twelve vehicles via Florida Sheriffs Association of Counties Bid
Award. A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the
purchase of twelve vehicles from Duval Ford and McCotter Ford via Florida Sheriffs Association
and Florida Association of Counties contract No. 02 -10 -0826; providing for conflicts; providing for
severability; and providing for an effective date. Councilmember Clark made a motion to approve
Resolution 57, 2003. Councilmember Russo seconded the motion, which carried 5 -0.
Resolution 63, 2003 — Lease of unmarked vehicles for the Police Department. A resolution of the
City Council of the City of Palm Beach Gardens, Florida, approving a master lease with Enterprise
Fleet Services for Police vehicles and authorizing the Mayor and City Clerk to execute all documents
necessary to effectuate such lease agreement; providing for conflicts; providing for severability; and
providing for an effective date. Councilmember Clark made a motion to approve Resolution 63,
2003. Councilmember Delgado seconded the motion, which carried 5 -0.
Resolution 49, 2003 Parcel 31 — Old Palm Golf Club Parcel A. A resolution of the City Council of
the City of Palm Beach Gardens, Florida, providing for the approval of a site plan to allow for the
development of 23 custom single - family homes within parcel "A" of the Old Palm Golf Club
Planned Community District (PCD), as more particularly described herein; providing for conditions
of approval; providing for waivers; providing for conflicts; providing for severability; and providing
for an effective date. Senior Planner Michael Sanchez presented the proposed changes to Resolution
49, 50, and 51, 2003 to allow field placement of street trees and lighting, and made presentations for
the three parcels. City Forester Mark Hendrickson answered questions from the City Council.
Growth Management Director Charles Wu explained justification for proposed waivers. Hank
Skokowski, agent, spoke on behalf of the petitioner for all three parcels. Councilmember Clark
made a motion to approve Resolution 49, 2003 with the amendment added by staff. Councilmember
Delgado seconded the motion, which carried 3 -2, with Vice Mayor Sabatello and Councilmember
Russo opposed.
Resolution 50, 2003 Parcel 31 — Old Palm Golf Club Parcel B. A resolution of the City Council of
the City of Palm Beach Gardens, Florida, providing for the approval of a site plan to allow for the
development of 57 custom single - family homes within parcel `B" of the Old Palm Golf Club
Planned Community District (PCD), as more particularly described herein; providing for conditions
of approval; providing for waivers; providing for conflicts; providing for severability; and providing
for an effective date. Councilmember Clark made a motion to approve Resolution 50, 2003 with the
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/20/03 5
amendments added by staff and with the further amendment that the applicant will submit new plans
and drawings showing that the main access road is punched all the way through the cul -de -sac to the
lots 158 and 159 so that they are connected to the main road with such plans to be acceptable to staff.
Councilmember Delgado seconded the motion, which carried 4 -1, with Vice Mayor Sabatello
opposed.
Resolution 51, 2003 Parcel 31 — Old Palm Golf Club Parcel E. A resolution of the City Council of
the City of Palm Beach Gardens, Florida, providing for the approval of a site plan to allow for the
development of 12 custom single- family homes within parcel "E" of the Old balm Golf Club
Planned Community District (PCD), as more particularly described herein; providing for conditions
of approval; providing for waivers; providing for conflicts; providing for severability; and providing
for an effective date. Councilmember Clark made a motion to approve Resolution 51, 2003 with the
changes added to the resolution by staff. Councilmember Delgado seconded the motion, which
carried 5 -0.
Resolution 54, 2003 —The Gardens Mall Brio Tuscan Grille. A resolution of the City Council of the
City of Palm Beach Gardens, Florida, providing for the approval of an amendment to a previously
approved site plan to allow for the construction of a 6,869 square -foot Brio Tuscan Grille restaurant
within the Gardens Mall located within the regional center Development of Regional Impact (DRI),
as more particularly described herein; amending Resolution 15, 2002; providing for conditions of
approval; providing a waiver; providing for severability; providing for conflicts; and providing for an
effective date. Senior Planner Michael Sanchez presented the project. Councilmember Russo made a
motion to approve Resolution 54, 2003. Councilmember Delgado seconded the motion, which
carried 5 -0.
Resolution 56, 2003 — Revised Site Plan for Legacy Place /Parcel D. A resolution of the City Council
of the City of Palm Beach Gardens, Florida, providing for approval of an amendment to the site plan
for Legacy Place parcel "D" which includes modifications to internal entries and pools within the
Legacy Place Planned Community Development (PCD) located between RCA Boulevard and PGA
Boulevard, and east of Alternate A 1 A, as more particularly described herein; providing for conflicts;
providing for severability; and providing for an effective date. Principal Planner Talal Benothman
presented the project. It was clarified for Councilmember Russo that the motion could be
reconsidered at the next meeting if desired. Councilmember Clark made a motion to approve
Resolution 56, 2003. Councilmember Delgado seconded the motion, which carried 5 -0.
Resolution 58, 2003 — Proposed AIPP — Laser & Surgery Center of the Palm Beaches. 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 the Laser and Surgery Center on parcel 27.1 OB within the regional
center DRI, located on the south side of Kyoto Gardens drive, approximately midway between
Fairchild Gardens avenue, 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 58, 2003. Councilmember Delgado seconded the motion, which carried 5 -0.
ORDINANCES:
Ordinance 11, 2003 — Parcel 12.04 Banyan Tree PUD amendment (Phase III). An ordinance of the
City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an
amendment to the Banyan Tree Planned Unit Development (PUD) in order to construct phase III of
the PUD, generally located on the northeast corner of Northlake and MacArthur Boulevards (parcel
12.04), as more particularly described herein; providing for waivers; providing for conditions of
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/20/03 6
approval; providing for conflicts; providing for severability; and providing for an effective date — for
consideration of first reading. Senior Planner Michael Sanchez presented the amendment. George
Gentile made a presentation on behalf of the applicant. Councilmember Clark made a motion to
place Ordinance 11, 2003 on first reading by title only. Councilmember Delgado seconded the
motion, which carried 4 -1 with Vice Mayor Sabatello opposed. The City Clerk read Ordinance 11,
2003 on first reading by title only.
ITEMS FOR DISCUSSION:
Christ Fellowship Workshop - It was clarified that only the process should be discussed at this
workshop. Staff requested clarification of past direction from the City Council on this application,
and reported what had been submitted to this point. Alan Ciklin, representative for the applicant,
indicated he knew the process and the applicant's plan for this workshop was to show how the east
20 acres would work with the existing site, and to get feedback as to whether they were on the right
track so they could complete the plan and move ahead. Discussion ensued. Senior Planner Michael
Sanchez presented the project. Alan Ciklin presented the proposed plan on behalf of the applicant.
The number of people that could attend services was discussed. Joe Pollock, Kimley -Horn
Associates, provided a review of the traffic report and answered questions from the City Council.
Mr. Pollock suggested the City could approach the County to request a traffic signal, and the
applicant agreed to pay for a signal. Mr. Ciklin indicated adding the 20 acres would have a favorable
effect on traffic and asked if the applicant should move ahead with a formal application. Members of
the Council members indicated they saw no negatives that jumped out and were looking to reduce
the impact.
Appointment of Council Liaisons to Advisory Boards /Committees /Organizations - Consensus was
to keep the Council liaisons the same except to appoint Councilmember Delgado as alternate to the
MPO, and Councilmember Russo as alternate to the Parks and Recreation Board. Councilmember
Russo expressed his opinion that a girls' restroom was needed at Lake Catherine. Discussion ensued.
The City Manager commented that recreation impact fees could be diverted from the District Park
for certain improvements, and that he had directed staff to look at health, safety, and welfare issues
for the upcoming budget, of which bathrooms would be a priority. Vice Mayor Sabatello requested
testing be done to determine if enough recreation impact fees were being collected. Councilmember
Delgado requested the list of council liaisons be cleaned up to remove those boards /committees that
no longer met, and the Council added Councilmember Delgado to League of Cities with the City
Manager as alternate; Councilmember Delgado as alternate for Gardens United; and Councilmember
Russo as liaison to Honda Classic.
CITY ATTORNEY REPORT: The City Attorney reported the former City attorneys had sent
90 boxes of files and had provided her with information.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/20/03
ADJOURNMENT:
There being no further business to discuss, the
APPROVAL:
MAY
7
was adjourned at approximately 11:05 p.m.
VICE MAYOR SABATELLO
ATTEST:
PATRICIA SNIDER
CITY CLERK