HomeMy WebLinkAboutMinutes Council 041504CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
April 15, 2004
The April 15, 2004 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.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Jablin, Vice Mayor Russo, Councilmember Clark, and
Councilmember Levy. Councilmember Delgado was absent from the meeting.
ADDITIONS, DELETIONS AND MODIFICATIONS:
Mayor Jablin requested Item G on the Consent Agenda be moved to be the first item of
Announcements/Presentations. Councilmember Clark made a motion to move Item G on the
Consent Agenda, Proclamation—National Volunteer Week, to be the first item under
Announcements/Presentations. Vice Mayor Russo seconded the motion, which carried by
unanimous 4-0 vote.
ANNOUNCEMENTS / PRESENTATIONS:
Proclamation – National Volunteer Week - Mayor Jablin read the proclamation aloud and
thanked all the volunteers for their work. The City's Volunteer Coordinator, Jennifer Holt,
was recognized. Mayor Jablin encouraged those present to pick up a copy of the City's first
volunteer newsletter.
Presentation recognizing the accomplishment of the William T Dwyer High School
Basketball team in winning the Division 5A State Basketball Championship – Justin Lucas
introduced the team and coaching staff. Fred Ross gave credit to the City for their help during
the season.
Presentation and discussion regarding PGA widening at the Florida Turnpike West to Ryd
Cup – The community phone notification system had been used to notify a specific area. City
Engineer Dan Clark provided a presentation on the possible widening of PGA Boulevard to
six lanes, and re -stated the City's position that they would like widening to only four lanes;
however, the decision would be made by DOT. Mayor Jablin assured the residents that the
City would continue their efforts to influence DOT in their decision, and should they fail; a
wall would be built to protect PGA National. Vice Mayor Russo expressed his opinion there
must be a plan to keep the traffic from becoming worse at the turnpike entrance.
Councilmember Clark reported discussion of the road network at the MPO meeting, and that
discussion indicated PGA Boulevard would not go to six lanes right away. Ron Dieck, PGA
National resident, spoke opposing any change to the planned four -lane expansion and in
favor of a wall to protect the PGA National homes along PGA Boulevard. Beth Cobin, PGA
National resident and member of the Board of Marlwood Estates, expressed concern
regarding traffic on PGA Boulevard and her support for a wall, and asked what the affected
residents could do now. Mayor Jablin suggested obtaining petitions and indicated the City
would work with the residents. Timing of PGA Boulevard widening construction was
discussed, and it was indicated there was a plan to post updates of this type of information on
the website. Councilmember Russo stressed that it must be placed on the record that a wall
must be a part of a six -lane widening. Emissions testing was discussed. Steven Albertson,
PGA National resident, told of surprises over the years and expressed hope that Ryder Cup
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/15/04 2
would not become Jog Road, and commented that PGA National residents did not want any
expansion on the south side of PGA Boulevard. Mayor Jablin indicated the Council and staff
would do their best to protect the residents. The City Manager reported the City would work
to influence DOT and would post updates on the website. Following a short break, the
meeting reconvened.
Report on the Honda Classic - Staff reported the Honda Classic had been a successful event
which provided economic benefit to the City. Cliff Danley, Director of the Honda Classic,
thanked everyone for working to make this a great event, indicated several hundred thousand
dollars had been raised to help children's charities, and reported a new partnership with the
Nicholaus Family Foundation who was building a children's cancer hospital. Vice Mayor
Russo was thanked for his efforts. Joan Elias indicated she had been a volunteer and she
looked forward to volunteering next year.
ITEMS OF RESIDENT INTEREST:
Councilmember Levy reported he had expressed concerns to the legislative committee
regarding agricultural enclaves. City Manager Ferris reported staff was working on
recommendations for improving the City's boards. Vice Mayor Russo requested he be
advised when Mr. Sabatello had a project in for approval so he would know when to abstain
from voting. Councilmember Clark reported the MPO agenda had included discussion of
allowing Sunpass to be used at the Palm Beach International Airport, the Jupiter Tri -Rail
extension, and a new trail system to connect J. W. Corbitt Recreation Area to Grassy Waters
Preserve. Councilmember Clark reported representatives of the turnpike authority had
provided information on traffic growth at the PGA Boulevard exchange indicating a 19%
increase last year alone. Mayor Jablin reported he had attended Northlake Boulevard Task
Force meeting and learned the contract had been delayed 30 days, and reported funding for
this year and next year had been discussed. Mayor Jablin announced the City would host
2004 Florida State Firefighters Games with a kickoff event on May 1.
CITY MANAGER REPORT
City Manager Ferris requested future visioning be placed on the next agenda and that Council
Members advise staff of items they wanted on the agendas. The City Manager reported staff
was looking into the issues of multiple people living in one single-family residence.
COMMENTS FROM THE PUBLIC:
Dr. Richard Orman, 4203 Oak Street, spoke as Vice President of the PGA Residents Corridor
Coalition to express concern regarding the proposed Borland Center project, and requested
this not be heard by the City Council as scheduled on May 6 since there had been violations
within the hearing process. The City Attorney indicated this matter had not been noticed for
discussion tonight and comments should be brought to the public hearing scheduled for May
6th. It was reported that a meeting was scheduled with Dr. Orman to meet with staff to
express concerns.
CONSENT AGENDA:
Councilmember Clark made a motion to approve the Consent Agenda. Councilmember Levy
seconded the motion, which carried by unanimous 4-0 vote. Therefore, the following items
were approved on the Consent Agenda:
a. Consideration of approving Minutes from the March 18, 2004 Regular City Council
Meeting.
b. Consideration of approving Minutes from the March 24, 2004 Special City Council
Meeting.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/15/04 g
c. Resolution 72, 2004 - Firefighters Olympics Special Event. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving a six (6) week long
special event for the Fire Department of the City of Palm Beach Gardens, to be held
within various city parks and facilities; and providing an effective date.
d. Resolution 81, 2004 — Consider approval of Amendment No. 1 providing for a
change in the original color scheme of the PGA Overpass Project. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida authorizing the
execution of Amendment No. 1 to the Joint Participation Agreement with the Florida
Department of Transportation for the PGA Flyover project; and providing an
effective date.
e. Resolution 83, 2004 —Consider approval of an easement agreement in favor of
Seacoast Utility Authority. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida authorizing the execution of an 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; authorizing the Mayor and the City Clerk to execute said easement; and
providing an effective date.
f. Resolution 87, 2004 - Memorandum of Agreement allowing Fire personnel to be
members of the Federal Search and Rescue Task Force FL TF2 operating out of
Miami. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving a Memorandum of Agreement for participating agencies by and between
the City of Miami and the City of Palm Beach Gardens; authorizing the Mayor and
City Clerk to execute said agreement; and providing an effective date.
g. Proclamation — Law Day
h. Proclamation — Days of Remembrance — victims of Holocaust.
i. Proclamation — Read Together Palm Beach County Month.
PUBLIC HEARINGS:
Part I — Quasi -Judicial
Resolution 76, 2004 —SFWMD Sandhill Crane Tract Forest Management Plan Petition. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an
application from South Florida Water Management District to adopt a Forest Management
Plan for the Sand Hill Crane Tract, located Northeast of the Beeline Highway, approximately
three miles North of PGA Boulevard, as more particularly described herein; and providing an
effective date. The City Clerk read Resolution 76, 2004 by title only. City Forester Mark
Hendrickson explained the forest management plan. Bill Helford was present from South
Florida Water Management District. Mayor Jablin declared the public hearing open, held on
the intent of Resolution 76, 2004. Hearing no comments from the public, Mayor Jablin
declared the public hearing closed. During disclosure of ex -parte communications,
Councilmember Levy indicated he had spoken with staff, and all other members of the City
Council indicated they had had no ex -parte communications. Councilmember Clark made a
motion to approve Resolution 76, 2004. Councilmember Levy seconded the motion, which
carried by unanimous 4-0 vote.
Ordinance 6, 2004 — Burns Road Recreation Campus PUD Amendment 2nd reading. 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
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/15/04 4
Development to transfer the master plan approval and related conditions to a separate
resolution; and providing effective date. The City Clerk read Ordinance 6, 2004 by title only
on second reading. Planner Jackie Holloman and City Engineer Dan Clark presented the
project. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 6,
2004. Hearing no comments from the public, Mayor Jablin declared the public hearing
closed. Mayor Jablin, Vice Mayor Russo and Councilmember Levy reported ex -parte
communications, that they had each had discussions with staff. Councilmember Clark made a
motion to approve Ordinance 6, 2004 on second reading. Vice Mayor Russo seconded the
motion, which carried by unanimous 4-0 vote.
Resolution 69, 2004 — (Resolution 69, 2004 is a companion item to Ordinance 6, 2004 and
will require Council action at second reading). A Resolution of the City Council of the City
of Palm Beach Gardens, Florida amending 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 an effective date. The City Clerk read Resolution 69, 2004 by title
only. Mayor Jablin declared the public hearing open held on the intent of Resolution 69,
2004. Hearing no comments from the public, Mayor Jablin declared the public hearing
closed. Mayor Jablin, Vice Mayor Russo and Councilmember Clark and Councilmember
Levy reported ex -parte communications that they had each had discussions with staff.
Councilmember Clark made a motion to approve Ordinance 6, 2004 on second reading by
title only. Vice Mayor Russo seconded the motion, which carried by unanimous 4-0 vote.
Part II — Non -Quasi -Judicial
Ordinance 3, 2004 — Transit Stop — 2nd reading. 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 (MI)
zoning district as conditional uses; providing for codification; and providing an effective
date. The City Clerk read Ordinance 3, 2004 by title only on second reading. Planner Autumn
Sorrow presented the project. Mayor Jablin declared the public hearing open, held on the
intent of Ordinance 3, 2004. Hearing no comments from the public, Mayor Jablin declared
the public hearing closed. Councilmember Clark made a motion to approve Ordinance 3,
2004 on second reading by title only. Councilmember Levy seconded the motion, which
carried by unanimous 4-0 vote.
Ordinance 7, 2004 — Mid -Year Budget Amendment 2nd reading. 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. The City Clerk read Ordinance 7, 2004 by
title only on second reading. The Finance Director presented the request. Mayor Jablin
declared the public hearing open held on the intent of Ordinance 7, 2004. Hearing no
comments from the public, Mayor Jablin declared the public hearing closed. Councilmember
Clark made a motion to approve Ordinance 7, 2004 on second reading by title only.
Councilmember Levy seconded the motion, which carried by unanimous 4-0 vote.
Ordinance 8, 2004 — Fire Pension Fund Amendment 2nd reading. 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
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/15/04 5
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 second reading. Mayor Jablin declared the
public hearing open held on the intent of Ordinance 8, 2004. Staff thanked the Council for
this process. Hearing no further comments from the public, Mayor Jablin declared the public
hearing closed. Councilmember Clark made a motion to approve Ordinance 8, 2004 on
second reading by title only. Councilmember Levy seconded the motion, which carried by
unanimous 4-0 vote.
Ordinance 9, 2004 — Police Pension Fund Amendment 2" a reading. 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 second reading. Mayor Jablin declared the public hearing
open, held on the intent of Ordinance 9, 2004. Hearing no comments from the public, Mayor
Jablin declared the public hearing closed. Councilmember Clark made a motion to approve
Ordinance 9, 2004 on second reading by title only. Councilmember Levy seconded the
motion, which carried by unanimous 4-0 vote.
Ordinance 11, 2004 — General Employee Pension Fund 2°a reading. 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"; providing for codification; and providing an effective date. The
City Clerk read Ordinance 11, 2004 by title only on second reading. Mayor Jablin declared
the public hearing open, held on the intent of Ordinance 11, 2004. Hearing no comments
from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark
made a motion to approve Ordinance 11, 2004 on second reading by title only.
Councilmember Levy seconded the motion, which carried by unanimous 4-0 vote.
ORDINANCES:
Ordinance 10, 2004 — Signage program for Phase III of the Banyan Tree PUD. An Ordinance
of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 41,
2001 and Ordinance 11, 2003 relating to the zoning for the Banyan Tree Planned Unit
Development (PUD) to transfer the site plan approval and related conditions to a separate
Resolution; and providing an effective date; for consideration of first reading; and
Resolution 75, 2004 — Signage program for Phase III of the Banyan Tree PUD. (Resolution
75, 2004 is a companion item to Ordinance 10, 2004 and will require Council action at
second reading.) A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving an amendment to the development plans for the Banyan Tree Planned Unit
Development (PUD) located on the northeast and northwest corners of the intersection of
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/15/04 6
MacArthur and Northlake Boulevards, as more particularly described herein; providing for
additional waivers; and providing an effective date. Senior Planner Michael Sanchez
presented Ordinance 10, 2004 and Resolution 75, 2004. The City Clerk read Ordinance 10,
2004 by title only on first reading. George Gentile indicated the applicant agreed with the
changes recommended by staff. Councilmember Clark moved to place Ordinance 10, 2004
on first reading by title only. Councilmember Levy seconded the motion, which carried by
unanimous 4-0 vote.
CITY ATTORNEY REPORT:
City Attorney Christine Tatum explained the rationale for doing an ordinance first and then a
companion resolution at second reading was so that the zoning would be in the ordinance and
the master plan and all the details would be in a resolution, so when a minor change was
necessary, one hearing and approximately a month in the process could be eliminated..
Vice Mayor Russo reported a letter from Commissioner Marcus to residents of Woodbury
indicated Shady Lakes Drive would be extended through to Central Boulevard, which the
City did not intend to do, and requested that be addressed. The City Manager commented that
was still on the thoroughfare plan. Mr. Wu explained that staff had not received specific
direction to remove Shady Lakes Drive from the thoroughfare plan. Vice Mayor Russo stated
for the record he did not believe that road should go through and thought there had been
discussion regarding taking it off the plan. The City Manager recalled that staff was directed
to research Shady Lakes Drive as part of the Capital Improvement Element Amendment, and
would bring that back when the City Council wanted. Discussion indicated others favored
extending the road.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/15/04
ADJOURNMENT:
There being no further bu:
APPROVAL:
ATTEST:
PATRICIA SNIDER
CITY CLERK
COUNCILMEMBER LEVY-
p.m.