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HomeMy WebLinkAboutMinutes Council 011504CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING January 15, 2004 The January 15, 2004 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:17 P.M. in the Council Chambers of the Municipal Complex, located at 10500 Forth Military Trail, Palm Beach Gardens, Florida by Mayor for a Day Chris Layman. Mayor Jablin read a proclamation appointing Chris Layman Mayor for a Day. Mr. Layman opened the meeting with the pledge of allegiance. A moment of silence was observed in memory of Bill Ingram. It was announced that a certificate for a brick paver had been given to Mrs. Ingram at the memorial ceremony. 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 & MODIFICATIONS: Mayor Jablin announced that the title of Resolution 4, 2004 should read Sable Ridge Circle instead of Sable Ridge Road and the correct version had been added to the agenda and would appear on the laptops. Mayor Jablin requested that when County Representative Bevin Beaudet arrived later in the meeting that joint planning with the county and Scripps Research and related development be discussed next. City Attorney Tatum requested an attorney /client session at the end of the meeting regarding proposed settlement of the MacArthur Foundation case. Councilmember Russo made a motion to approve the additions, deletions, and modifications as presented. Councilmember Clark seconded the motion, which carried by unanimous 5 -0 vote. ANNOUNCEMENTS / PRESENTATIONS: Recreation Division Football Cheerleaders - Justin Lucas, Recreation Division, reported the cheerleaders had competed and gone to the regional competition. Kara Lee Holland made a presentation, the cheerleaders performed a cheer, and trophies were presented to the Mayor and Council. Frank Koutnik, Bureau Chief for the Bureau of Recovery and Mitigation, Division of Emergency Management to present a plaque for the City's induction into FEMA's CRS (Community Rating SysLem . — Mr. Koutnik described the CRS program which would give each resident a 5% discount on their flood insurance premiums with the possibility of further future reductions, congratulated the City for their floodplain management, and presented a plaque. ITEMS OF RESIDENT INTEREST: Mayor Jablin recalled that former Councilmember Linda Monroe had come to the Council in October 2001 to request Victoria Falls Road be removed from the thoroughfare plan. Ms. Monroe explained this was a dead end road through The Isles ending at the railroad tracks. Consensus was to direct staff to proceed with work on this matter. Councilmember Delgado reported the Children's Learning Center had opened and was a fantastic facility. Councilmember Delgado provided an update on the Northlake Boulevard Task Force. Growth Management Administrator Charles Wu provided a synopsis of the scope of the task force, and advised that the grant for phase two had not been awarded, and that Lake Park had withdrawn. Staff recommendation was that the City withdraw from the task force. Resident Adrian Salee representing PGA Boulevard Residents Coalition stated their organization by consensus supported staff's recommendation. Manny Grimm, North Palm Beach, spoke in support of the task force and indicated the Village of CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/15/04 2 North Palm Beach would do the right thing. Charles O'Meilia, Vice Mayor of North Palm Beach and Chairman of Nortllake Task Force, expressed disappointment in the staffs recommendation and the hope that Lake Park would come back in the future. Former Councilmember Lauren Furtado expressed support for remaining with the task force, requested the City vote to remain, and recommended the Vice Mayor be appointed liaison. Lou Gaeta commented most of the work had been accomplished, and he supported the staff recommendation. Linda Monroe expressed support for keeping the task force at least one more year. Mayor Jablin expressed support for staying with the task force at least for another year and indicated he would like to be a liaison to the task force. Councilmember Delgado reported MPO's grant criteria had changed so the task force no longer qualified for their grant. Councilmember Delgado made a motion to withdraw from the task force. Councilmember. Clark seconded the motion. During discussion of the motion, Vice Mayor Sabatello and Councilmember Russo indicated support for the task force at least for another year. Councilmember Delgado indicated she would go along with one more year. Motion failed by 2 -3 vote with Mayor Jablin, Vice Mayor Sabatello, and Councilmember Russo opposed. The City Manager suggested taking this up at the February 5, 2004 meeting. Consensus was to discuss this matter at the February 5, 2004 City Council meeting and to have staff discuss having the City's grant writer do some of the grant requests. Scripps Institute - Mayor Jablin reported a meeting had been held the previous day, and presented the points discussed and staff recommendations that development on the Mecca Farms and Vavrus properties be reviewed as one area -wide DRI. If the county did not agree, they would provide a legally binding traffic concurrency exemption within the DRI on the Vavrus property. The county and city would support extension of PGA Boulevard and the comprehensive plan amendments necessary to support such extension. The county would agree to a schedule of early annexation of the Mecca property into the City of Palm Beach Gardens. Councilmember Russo stressed these were staff recommendations and the Council had not discussed this matter. County Representative Bevin Beaudet reported county staff was working with the city staff and discussed the points established by staff. Mr. Beaudet pledged joint planning on this matter. City Manager Ferris commented these were speaking points to start discussion about a JPA, and requested staff be given permission to begin this work. Vice Mayor Sabatello indicated his desire to be a part of the process. Councilmember Russo indicated concerns. The City Manager indicated it would all come back to the City Council for their consideration. Councilmember Clark moved approval of the staff recommendation. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Councilmember Russo reported he and Councilmember Delgado had attended the opening of the Riverside Tot Lot, and he had attended the Recreation Advisory Board meeting and thanked them for their active work. Mayor Jablin advised the paver in memory of Firefighter Stuart Schwartz had been installed in front of City Hall. CONSENT AGENDA: Vice Mayor Sabatello asked if he should vote on item k. The City Attorney advised that he could vote since this project only shared the name of Mirasol and had nothing to do with the Mirasol development in which the Vice Mayor had an interest. Councilmember Clark made a motion to approve the consent agenda. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. The following items were approved on the consent agenda: a. Consideration of approving Minutes from the December 02, 2003 Joint Council CITY OF PALM BEACH GARDENS REGULAR MEETING, 01/15/04 3 Meeting with Lake Park. b. Consideration of approving Minutes from the December 04, 2003 Regular City Council Meeting. C. Consideration of approving Minutes from the December 18, 2003 Regular City Council Meeting. d. Resolution 1, 2004 - Downtown at the Gardens and Landmark Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Downtown at the Gardens and Landmark Plat; and providing an effective date. e. Resolution 4, 2004 — Elm Avenue Jurisdiction. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the execution of the jurisdictional roadway transfer agreement to allow for the transfer of Elm Avenue from the Florida Department of Transportation (FDOT) to the City of Palm Beach Gardens, from the Western boundary of Sabal Ridge Road to the Eastern boundary of SR -809 (Military Trail); providing for transmittal to the Florida Department of Transportation (FDOT); and providing an effective date. f. Resolution 5, 2004 - Frenchman's Reserve PCD -Pod E Subdivision Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Frenchman's Reserve PCD -Plat E Subdivision Plat; and providing an effective date. g. Resolution 7, 2004 — Agreement between the City and Sandalwood Homeowner's Association for landscape improvements along Burns Road. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement for the installation and maintenance of landscape improvements between the City of Palm Beach Gardens and Sandalwood Estates Homeowner's Association, Inc.; and providing an effective date. h. Resolution 9, 2004 — Application requesting distribution of a portion of the Palm Beach County Emergency Medical Services Surcharge Award Program Funds. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the City Manager to file an application requesting distribution of a portion of the Palm Beach County Emergency Medical Services Surcharge Award Program Funds to which the City is entitled; and providing an effective date. i. Resolution 11, 2004 — Purchase of Computer Voice Stress Analyzer System. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the purchase of a computerized voice stress analyzer (CVSA); and providing an effective date. j. Resolution 16, 2004 — Oakbrook Square Subdivision Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Oakbrook Square Boundary Plat; and providing an effective date. k. Resolution 17, 2004 - Mirasol Walk subdivision plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Mirasol Walk Plat; and providing an effective date. 1. Resolution 23, 2004 — A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a Non - exclusive easement in favor of Seacoast Utility Authority for the installation, operation, maintenance, and service of water and sewer lines and appurtenant facilities in, on, over, under, and across the easement premises; CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/15/04 4 authorizing the Mayor and the City Clerk to execute said easement; and providing an effective date. m. Consider approval of Change Order No. 3 in the amount of $42,770.83 to Coral -Tech Associates, Inc. for additional construction services necessary for improvements to the Burns Road Community Recreation Campus. n. Proclamation — Arbor Day. o. Proclamation — Florida Jewish History Month. PUBLIC HEARINGS: PART I — QUASI- JUDICIAL Mayor Jablin announced the procedure to be followed for quasi-judicial cases. The City Clerk swore in all those intending to testify to quasi-judicial cases. Resolution 3, 2004 — NorthCorp — 4750 East Park Drive — principal building sign. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a principal building sign located on Lot 4 of the NorthCorp Planned Community Development (PCD); providing for a waiver; providing for conditions of approval; and providing an effective date. The City Clerk read Resolution 3, 2004 by title. Planner Autumn Sorrow presented the project. Jim Griffin, representative for the owners, also presented an alternative building elevation proposal to replace the original approved building elevation. Councilmember Clark made a motion to approve the staff recommendation that the sign be positioned in the corner of the building on the parapet wall but deleting the requirement that the applicant be required to revert to the original facade as a condition of this sign approval only, and stated he was not condoning not complying with the original approved fagade. Discussion ensued. Councilmember Russo commented that he was not condoning a change in fagade but this builder had brought a lot of economic development to the City and this was a highly unusual situation. Councilmember Clark made a motion to approve Resolution 3, 2004 with the deletion of condition 2 in section 4. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. RESOLUTIONS: Resolution 8, 2004 — Approve a contract award to D. S. Eakins Construction Corporation. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a "piggyback" contract for stormwater drainage construction services to D.S. Eakins Construction Corporation; and providing an effective date. Councilmember Clark made a motion to approve Resolution 8, 2004. Councilmember Russo seconded the motion, which carried by unanimous 5 -0 vote. Resolution 10, 2004 - Purchase award to Schwarze Industries for one Street Sweeper. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a contract for the purchase of one street sweeper to Schwarze Industries via an existing contract with Brevard County, Florida (Bid No. B- 2- 02 -74); and providing an effective date. Vice Mayor Sabatello moved approval of Resolution 10, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. ORDINANCES: Ordinance 1, 2004 - Fiscal Year 2003 year -end adjustments. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens' Budget for the fiscal year beginning October 1, 2002, and ending September 30, 2003, inclusive; and providing an effective date — for consideration on first reading. The City Clerk read Ordinance 1, 2004 on first reading. Councilmember Clark moved Ordinance 1, CITY OF PALM BEACH GARDENS REGULAR MEETING, 01/15/04 5 2004 be placed on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. Ordinance 2, 2004 - Fiscal Year 2004 carry forward adjustments. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens' Budget for the fiscal year beginning October 1, 2003, and ending September 30, 2004, inclusive; and providing an effective date — for consideration on first reading. The City Clerk read Ordinance 2, 2004 on first reading. Councilmember Clark moved Ordinance 2, 2004 be placed on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 3 -0 vote. Ordinance 4, 2004 — Old Palm Golf Club PCD Amendment An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 32, 2002 relating to the Old Palm Golf Club Planned Community Development to transfer the Master Plan approval and related conditions to a separate resolution; and providing an effective date — for consideration on first reading. The City Clerk read Ordinance 4, 2004 on first reading. Councilmember Clark moved Ordinance 4, 2004 be placed on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. CITY ATTORNEY REPORT Mayor Jablin announced that the City Attorney had requested an attorney - client session at the close of this meeting. The purpose of the attorney - client session was to discuss a proposed settlement concerning City of Palm Beach Gardens v. John D. and Catherine T. MacArthur Foundation. The City Attorney announced that the attorney - client session would be confined to settlement negotiations regarding that case; notice of the meeting had been given; the entire proceedings would be recorded by a certified court reporter who would record the times of commencement and termination of the session; all discussion and proceedings and names of all persons present at the session, and all persons speaking. The court reporter's notes would be fully transcribed and filed with the Clerk after the meeting. Mayor Jablin stated in accordance with State Statute he was announcing commencement of an attorney - client session estimated to last 15 minutes, with the following attendees: Eric Jablin, Carl Sabatello, David Clark, Joe Russo, Annie Delgado, Christine Tatum, Ron Ferris. Following the attorney client session, Mayor Jablin stated the attorney client session was adjourned and the City Council meeting was re- opened. Councilmember Clark moved approval of the Council's recommendation to offer a settlement under which the Foundation will pay the City $375,000.00 in cash and also contribute its claim to the credits, which have been valued at approximately $113,000.00, and attorney's fees of approximately $100,000.00, for a total value to the City of approximately $588,000.00; such offer to remain open until the close of business January 20, 2004, Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/15/04 ADJOURNMENT: There being no further business to dis APPROVAL: MA the meeting was adjourned at 10:13 p.m. VICE MAYOR SABATELLO COUNCILMEMBER DELGADO ATTEST: PA RICIA SNIDER CITY CLERK G