HomeMy WebLinkAboutMinutes Council 031804i
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
March 18, 2004
The March 18, 2004 Regular Meeting and Workshop Meeting of the City Council of the City
of Palm Beach Gardens, Florida, was called to order at 7:08 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.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Jablin, Councilmember Clark, Councilmember Russo, and
Councilmember Delgado.
ELECTION: Resolution 73, 2004 — Declaring the results of the City's General Election held
March 9, 2004. A Resolution of the City Council of the City of Palm Beach Gardens, Florida,
declaring the results of the General Election held on March 9, 2004; and providing an
effective date. Mayor Jablin read Resolution 73, 2004. Councilmember Clark made a motion
to approve Resolution 73, 2004. Councilmember Delgado seconded the motion, which
carried by unanimous 4 -0 vote. The City Clerk administered the Oath of Office to
Councilmember Joseph R. Russo. Councilmember Russo thanked the residents of the City
for their support, as well as his family.
ADDITIONS, DELETIONS, MODIFICATIONS:
Mayor Jablin announced one modification to Ordinance 9, 2004, Police Pension Fund
Amendment, on page 5, line 1, the amount should be $235,818 for the benefit pool. Motion
was made by Councilmember Russo, seconded by Councilmember Clark, to accept the
modification. Motion carried 4 -0.
ITEMS OF RESIDENT INTEREST:
Councilmember Delgado announced Governor Bush had signed legislation to provide $15
million to search for a cure for Alzheimer's disease; six bicycles to be given to migrant
children had been stolen and she had been able with the help of Sam Dobson from the Police
Department to give those children 15 bicycles. Councilmember Delgado announced she
would be in Tallahassee the week of April 12 -17 and would bring back a report.
Councilmember Russo reported Jack Doughney was working with Timber Trace School to
update their tot lot. Councilmember Clark announced that the Metropolitan Planning
Organization (MPO) was asking for help from the cities on Bill No. PCBPR04 -04 pending in
Tallahassee, which would affect funding for roads impacted by the Scripps project, and asked
for support. Councilmember Russo made a motion to direct the City's lobbyist to work on
this bill so as not to lose funding for the roads. Councilmember Delgado seconded the
motion, which carried by unanimous 4 -0 vote. Mayor Jablin announced he had attended the
Palm Beach Gardens Womens Club and commended them on their Digital Video Disk
(DVD) presentation on women veterans in history. Mayor Jablin reported Old Palm had
opened their practice tee that day. Councilmember Russo reported the Honda Classic has
been a great success, and thanked everyone who had worked on that project.
CITY MANAGER REPORT:
Natalie Wong, Senior Planner for the Scripps project provided an update on the project since
the last report. Councilmember Russo recommended safeguards to protect against
development of residential ahead of the Research & Development (R &D), and that sufficient
staff be in place to work on both Scripps and the regular city work Councilmember Clark
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/18/04 2
commented the State Road 7 link to Northlake Boulevard might be revived. Mayor Jablin
cautioned these plans were in flux and there would be ample opportunity for the public to
participate in discussions. Mayor Jablin reported he and the City Manager had attended the
North County Intergovernmental meeting where Tri-Rail had been discussed, and the City
would be applying for grant funding for bus routes.
COMMENTS FROM THE PUBLIC:
Julia Byrd expressed concern regarding Scripps; asked if a report would be provided on the
Honda Classic and suggested some of the dollars for that project might be used for
stormwater so residents would not have to be assessed; and expressed concern regarding the
rhetoric used in political campaigns during the last ten years, commenting that the number of
registered voters in the City was 26,344 on March 6, 2004, which was a decrease of over
1,000 registered voters.
CONSENT AGENDA:
Councilmember Clark made a motion to approve the Consent Agenda with item 0) pulled as
requested by Councilmember Delgado. Motion was seconded by Councilmember Delgado
and carried by unanimous 4 -0 vote. Item 0) Proclamation — Women's History Month:
Councilmember Delgado requested the ladies present from the Business & Professional
Federation and the Womens Chamber of Commerce come forward and read aloud the
Proclamation. The City Council was invited to attend the Womens Chamber of Commerce
function later in the month. The following items were approved on the Consent Agenda:
a. Consideration of approving Minutes from the February 19, 2004 Regular City
Council Meeting.
b. Resolution 12, 2004 -- Purchase award of a recreation bus from Florida
Transportation Systems, Inc. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving the Purchase of one 30- passenger multi - function
school activity bus from Florida Transportation Systems, Inc.; authorizing the Mayor
and the City Clerk to execute said agreement; and providing an effective date.
C. Resolution 65, 2004 - Seacoast Utility Authority Release of Easement. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida Accepting a Quit
Claim Deed and Partial Release of Easement from Seacoast Utility Authority
Conveying to the City an Easement located within the Burns Road Community
Center property; and providing an effective date.
d. Resolution 3 8, 2004 — Burns Road Community Center Campus Plat. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida, approving the Burns
Road Community Center Campus Plat; and providing an effective date.
e. Resolution 59, 2004 — Agreement between the City of Palm Beach Gardens and
BallenIsles Community Association, Inc., for median landscape maintenance. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving
an agreement between the City of Palm Beach Gardens and BallenIsles Community
Association, Inc. for roadway median maintenance; and providing an effective date.
f. Resolution 64, 2004 — Northlake Square Plat. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving the Northlake Square Plat; and
providing an effective date.
g. Resolution 66, 2004 — A Resolution of the City Council of the City of Palm Beach
Gardens, Florida appointing the Supervisor of Elections to the City's Canvassing
Board and authorizing the Supervisor of Elections to act on the City's behalf;
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/18/04 3
authorizing the City Clerk to appoint election officials for the purpose of conducting
the Municipal Runoff Elections; and providing an effective date.
h. Resolution 67, 2004 - PGA Commons Plat No. 3. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving the PGA Commons Plat No. 3;
and providing an effective date.
i. Resolution 70, 2004 — Purchasing Telestaff Automated Staffing and Scheduling
Program for Palm Beach Gardens Police Department. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving an agreement between
the City of Palm Beach Gardens and Principal Decision Systems International for the
purchase of an additional license of the Telestaff Automated Staffing and Scheduling
Program for the City's Police Department; and providing an effective date.
PUBLIC HEARINGS:
PART I — WORKSHOP /PUBLIC HEARING PURSUANT TO SECTION 403.973 F.S.
Resolution 24, 2004 — MOA (Memorandum of Agreement), OTTED (Florida Office of
Tourism, Trade and Economic Development. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida authorizing the Mayor and City Clerk to execute a
Memorandum of Agreement with the Office of Tourism, Trade, and Economic Development
( OTTED) for the review of the Gardens Science and Technology Community; and providing
an effective date. The City Attorney verified this matter had been advertised twice. The City
Clerk read Resolution 24, 2004 by title only. Senior Planner Natalie Wong presented the staff
report. OTTED representatives Mary Helen Blakesley and Jennie Young, and Scripps
representative Joe Goldstein were present. Ms. Blakesley clarified that signing this agreement
did not constitute certification of the project. Mr. Goldstein expressed appreciation for the
City's commitment to the project and indicated Scripps would work to make this project
successful. Mayor Jablin declared the public hearing open. Penny Riccio, Indian Trail
Improvement District Boardmember, expressed Indian Trail's support for Scripps because
Palm Beach County was to be the point people for this project, requested the City Council
meet with the Indian Trail Board, reported a positive response from Metropolitan Planning
Organization (MPO) on State Road 7, and advised there were 500 Indian Trail families did
not want to be annexed into the City. Mayor Jablin clarified that area was not under
consideration for annexation. Ms. Riccio requested a workshop meeting be set up that could
be attended by the public. Hearing no further comments from the public, Mayor Jablin
declared the public hearing closed. Councilmember Clark moved approval of Resolution 24,
2004. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote.
PART II — QUASI — JUDICIAL Mayor Jablin announced the procedures to be followed at
these hearings. The City Clerk swore in all those intending to offer testimony on these cases.
Resolution 44, 2004 — Evergrene PCD Parcel 1, 2 & 7. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida providing for approval of three additional single -
family models and two model options on Parcels 1, 2, and 7 of the Evergrene Planned
Community Development (PCD); and providing an effective date. The City Clerk read
Resolution 44, 2004 by title only. Planner Brad Wiseman presented the staff report. Anne
Booth, Urban Design studio, spoke on behalf of the applicant. Mayor Jablin declared the
public hearing open. Hearing no comments from the public, Mayor Jablin declared the public
hearing closed. Councilmember Delgado reported during exparte communication that she
had met with staff, none of the other members had any exparte communication to report.
I CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/18/04 4
Councilmember Clark moved approval of Resolution 44, 2004. Councilmember Delgado
seconded the motion, which carried by unanimous 4 -0 vote.
Resolution 60, 2004 - Bonefish Grill in Oakbrook Square, fagade & signage. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida approving architectural
modifications and amending the master signage program for the Oakbrook Square Shopping
Center Planned Unit Development (PUD) located at the Northeast corner of PGA Boulevard
and U.S. Highway One, as more particularly described herein; and providing effective date.
The City Clerk read Resolution 60, 2004 by title only. Planner Jackie Holloman presented the
staff report. Attorney Al Malefatto spoke on behalf of the applicant. Mayor Jablin declared
the public hearing open. Hearing no comments from the public, Mayor Jablin declared the
public hearing closed. Councilmember Delgado reported during exparte communication that
she had met with staff; none of the other members had any exparte communication to report.
Councilmember Clark moved approval of Resolution 60, 2004. Councilmember Delgado
seconded the motion, which carried by unanimous 4 -0 vote. Ordinance 5.2004 - Alta Pines —
Minor Modifications to Entry Feature. (2nd reading) An Ordinance of the City Council of the
City of Palm Beach Gardens, Florida amending the entryway signage approved for "Alta
Pines Planned Unit Development (PUD)" located approximately %2 mile North of the
intersection of Military Trail and Hood Road, on the West side of Military Trail; providing
for conditions of approval; and providing an effective date.
The City Clerk read Resolution 60, 2004 by title only. Senior Planner Kara Irwin reported no
changes since first reading. Mayor Jablin declared the public hearing open. Hearing no
comments from the public, Mayor Jablin declared the public hearing closed. Councilmember
Delgado reported during exparte communication that she had met with staff; none of the
other members had any exparte communication to report. Councilmember Clark moved that
Ordinance 5, 2004 be placed on second reading by title only and approved. Councilmember
Delgado seconded the motion, which carried by unanimous 4 -0 vote.
NON - QUASI- JUDICIAL
Ordinance 3. 2004 — Transit Stop. An Ordinance of the City Council of the City of Palm
Beach Gardens, Florida relating to Transit Passenger Stations; amending Section 78 -159,
Code of Ordinances entitled "Permitted Uses, Conditional, and Prohibited Uses" to allow
transit passenger stations to be located within the research and light industrial (M1) zoning
district as conditional uses; providing for codification; and providing an effective date — for
consideration of first reading. The City Clerk read Ordinance 3, 2004 by title only on first
reading. Planner Autumn Sorrow presented the staff report. It was clarified that the location
and whether it would be rail or bus needed to be decided by June, 2004. Mayor Jablin
declared the public hearing open. Hearing no comments from the public, Mayor Jablin
declared the public hearing closed. During discussion, Mayor Jablin asked the Council's
opinion whether the station should go on 5A or 5B, and the preference was 5B. The owner,
Mr. Catalfumo, had indicated in writing his preference was 5A. Discussion ensued.
Councilmember Clark made a motion to place Ordinance 3, 2004 on first reading by title
only. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote.
RESOLUTIONS:
Resolution 61.2004 - South Florida Blood Bank AIPP (Art in Public Places). A Resolution
of the City Council of the City of Palm Beach Gardens, Florida approving the art in public
places for the blood bank office building located on Phase I of the Banyan Tree Planned Unit
Development (PUD), as more particularly described herein; providing for conditions of
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/18/04 5
approval; and providing an effective date. Senior Planner Michael Sanchez presented the
staff report. Councilmember Clark indicated he could not support this request since he felt
the art was too small for the site and it was too low to be viewed by motorists. Consensus
was to postpone this item until the next meeting and to suggest to the applicant the art be
placed on a higher berm or on a pedestal.
Resolution 68, 2004 — Amend Palm Beach County Property Appraiser agreement re: PGA
Flyover non -ad valorem assessment and Stormwater non -ad valorem assessment. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving
amendments to the agreements with the Palm Beach County Property Appraiser to provide
data files necessary for the PGA Flyover Special Assessment and the Stormwater
Maintenance Special Assessments; and authorizing the Mayor and City Clerk to execute
same; and providing an effective date. Finance Director Allen Owens presented the request.
Councilmember Clark made a motion to approve Resolution 68, 2004. Councilmember
Delgado seconded the motion, which carried by unanimous 4 -0 vote.
Resolution 71, 2004 — Scripps Village East DRI — Engineering and Professional Services
related to the Scripps Scientific Village East Development of Regional Impact. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida approving a work
authorization for engineering services with LBFH, Inc. in connection with the Gardens
Scientific Village Development of Regional Impact (DRI); authorizing the Mayor and the
City Clerk to execute such work authorization; and providing an effective date. Senior
Planner Natalie Wong presented the request. Councilmember Russo made a motion to
approve Resolution 71, 2004. Councilmember Clark seconded the motion, which carried by
unanimous 4 -0 vote
ORDINANCES:
Ordinance 6, 2004 - Burns Road Recreation Campus PUD Amendment. An Ordinance of the
City Council of the City of Palm Beach Gardens, Florida amending Ordinance 9, 2003
relating to the Burns Road Community Recreation Campus Planned Unit Development to
transfer the master plan approval and related conditions to a separate resolution; and
providing effective date — for consideration of first reading; and
Resolution 69, 2004 - a companion item to Ordinance 6, 2004, will require Council action at
second reading. Resolution 69, 2004 — A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving amendments to the Burns Road Community Recreation
Campus Planned Unit Development (PUD) located at the Southeast corner of Military Trail
and Burns Road, as more particularly described herein; providing for waivers; providing for
conditions of approval; and providing effective date. Planner Jackie Holloman presented the
staff report. The City Clerk read Ordinance 6, 2004 by title only on first reading. City
Council comments included the need to break up the long wall, using banding, the kitchen
had not been upgraded to provide food preparation space and food storage, and that the
people had voted against the bond issue and did not want a Cadillac version. City Engineer
Dan Clark spoke as the applicant, and described the recreation core of the City as well as
reviewing the proposed project. Councilmember Clark moved that Ordinance 6, 2004 be
placed on first reading by title only. Councilmember Delgado seconded the motion, which
carried by unanimous 4 -0 vote.
Ordinance 7, 2004 — Mid -Year Budget Amendment. An Ordinance of the City Council of the
City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens' budget for
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/18/04 6
the fiscal year beginning October 1, 2003, and ending September 30, 2004, inclusive; and
providing an effective date. The City Clerk read Ordinance 7, 2004 by title only on first
reading. Finance Director Allen Owens reviewed the request. Councilmember Clark moved
that Ordinance 7, 2004 be placed on first reading by title only. Councilmember Delgado
seconded the motion, which carried by unanimous 4 -0 vote.
Ordinance 8, 2004 — Fire Pension Fund Amendment. An Ordinance of the City Council of
the City of Palm Beach Gardens, Florida relating to the Firefighters' Pension Plan; amending
Section 38 -55, Code of Ordinances entitled "Contributions "; amending Section 38 -56, Code
of Ordinances, entitled `Benefit Amounts and Eligibility" to increase the normal retirement
multiplier; creating a new subsection 5 of Section 38 -56, Code of Ordinances entitled
"Benefit Amounts and Eligibility" to provide an optional deferred retirement option program;
creating a new subsection 6 of Section 38 -56, Code of Ordinances entitled `Benefit Amounts
and Eligibility" to provide a cost of living increase; creating a new subsection 1(d) of Section
38 -60, Code of Ordinances entitled "Optional Forms of Benefits" to provide a partial lump
sum distribution benefit; providing for codification; providing for retroactive applicability;
and providing an effective date. The City Clerk read Ordinance 8, 2004 by title only on first
reading. Finance Director Allen Owens reviewed the request. Councilmember Clark moved
that Ordinance 8, 2004 be placed on first reading by title only. Councilmember Delgado
seconded the motion, which carried by unanimous 4 -0 vote.
Ordinance 9, 2004 — Police Pension Fund Amendment. An Ordinance of the City Council of
the City of Palm Beach Gardens, Florida related to the Police Officers' Retirement Trust
Fund; amending Section 50 -113 entitled "Membership "; amending Section 50 -117 entitled
"Early Retirement "; amending Section 50 -118 entitled "Disability Retirement "; amending
Section 50 -127 entitled "Prior Police Service "; creating a new Section 50 -136 to be entitled
"Monthly Supplemental Benefits "; providing for codification; providing for retroactive
applicability; and providing an effective date. The City Clerk read Ordinance 9, 2004 by title
only on first reading. Finance Director Allen Owens reviewed the request. Police
representatives expressed thanks for the amendment. Councilmember Clark moved that
Ordinance 9, 2004 be placed on first reading by title only. Councilmember Delgado seconded
the motion, which carried by unanimous 4 -0 vote.
Ordinance 11, 2004 — General Employee Pension Fund. An Ordinance of the City Council of
the City of Palm Beach Gardens, Florida relating to the General Employees' Pension Plan;
amending Article XII of Chapter 3, Code of Ordinances entitled "General Employees'
Pension Plan"; and providing an effective date. The City Clerk read Ordinance 11, 2004 by
title only on first reading. Hank Dufour, Human Resources Administrator, reviewed the
request. Councilmember Clark moved that Ordinance 11, 2004 be placed on first reading by
title only. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0
vote.
ITEMS FOR COUNCIL ACTION /DISCUSSION:
Road Right -Of -Way within the Loxahatchee Slough — Senior Planner Kara Irwin presented
the Palm Beach County Right of Way Swap, for which the County had requested a response.
Discussion ensued. Mayor Jablin indicated he would not support this other than supporting
maintaining an east -west roadway, and the configuration should be relocated as shown by
staff. The other Councilmember's agreed. Motion by Councilmember Russo was that
recommendation be as provided by staff —do not delete it, and that no extension of Jog to
Donald Ross was necessary. Councilmember Delgado seconded the motion, which carried by
CITY OF PALM BEACH GARDENS REGULAR MEETING,. 3/18/04 7
unanimous 4 -0 vote.
Future Annexation Area Proposed by the Village of North Palm Beach - Senior Planner Kara
Irwin presented the staff report. Mayor Jablin reported discussing the future annexation areas
with Commissioner Marcus. The City and North Palm Beach had agreed to disagree, and
each was moving forward with their plan, and Mayor Jablin recommended going forward in
that manner, which was agreed to by the other Councilmembers.
ADJOURNMENT:
There being no further business to discuss, the meeting was adjourned at 9:44 p.m.
APPROVAL:
MA
•
COUNCILMEMBER DELGADO
COUNCILMEMB R LEVY
ATTEST:
PATRICIA SNIDER
CITY CLERK