HomeMy WebLinkAboutMinutes Council 060304CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
June 3, 2004
The June 3, 2004 Regular 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, Vice Mayor Russo, Councilmember Clark, and
Councilmember Levy. Councilmember Delgado arrived at 7:13 p.m.
ANNOUNCEMENTS / PRESENTATIONS:
Citizen Mobil Patrol Program — Officer Lovejoy of the Police Department explained the
program, which would consist of volunteers to partner with law enforcement to provide
additional eyes and ears to assist in deterring crime. Some similar programs in other
municipalities had been in existence for fifteen years. The City Attorney advised that there
was sufficient insurance to cover these volunteers for liability. Volunteers would be required
to participate in initial and ongoing training.
Relay for Life Award - Charlotte Presensky, Community Services, introduced Susan Cupp,
Executive Director of American Cancer Society of Palm Beach County, who thanked the
Council for hosting the Relay for Life Event, a signature fund - raiser for cancer research,
which had resulted in $25,000 being raised. A plaque of appreciation was presented to
Mayor Jablin.
ITEMS OF RESIDENT INTEREST:
Mayor Jablin advised that City Manager Ron Ferris was in the hospital and was to undergo
bypass surgery the next morning. Councilmember Levy indicated a desire to establish a
softball team to play against Juno Beach. Councilmember Delgado reported that at the
request of the Women's Chamber of Commerce she had provided a legislative update from
the City to elected officials. Mayor Jablin reported last week he and City Engineer Dan Clark
had attended a meeting of the PGA Residents regarding widening PGA Boulevard from the
turnpike to the west. The Mayor reported that had been a difficult meeting because
information provided to the residents had not been correct, and he had not been able to
provide good news. Mayor Jablin indicated a plan was being formulated, the County
Commission did not want more than four lanes, and the City would continue to move
forward to get four lanes, possibly with a CRALLS. When the plan was completed, a
meeting of all the affected residents would be called. Vice Mayor Russo commented the
residents would need to deal with traffic noise and traffic congestion, and they must look at
the situation realistically. Discussion ensued regarding the amount of misinformation
residents had expressed at the meeting, and that the City must work on this matter very
carefully to look after the residents.
CITY MANAGER REPORT:
City Engineer Dan Clark reported the Turnpike Authority was reconfiguring lanes at the
turnpike entry, which would be a 3 -4 month project. Vice Mayor Russo requested Mr. Clark
ask the Turnpike Authority about sufficient lanes at the new turnpike interchange. Jack
Downey indicated staff was ready to serve on any issue during the City Manager's absence.
COMMENTS FROM THE PUBLIC: Lauren Furtado, 4318 Crestdale Street, spoke
regarding drainage issues for MacArthur Boulevard, and expressed concern because of the
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/3/04 2
age of the pipes that they could crack when all the heavy equipment was brought in to do the
improvements. Ms. Furtado commented she would rather spend a little more now for new
pipes than to have to go back to replace them later. Ms. Furtado commented the proposed
bicycle /pedestrian path width of 6' was not wide enough to accommodate both bicycles and
pedestrians, and asked that they be expanded to 8' to 10'. Mayor Jablin indicated this would
be deferred to the engineers and planning staff to be looked into. Joan Elias, 1009
Diamondhead Way, PGA National, commented if she were notified more than a week ahead
of time she was authorized by CAN to book a room on property so more people could attend
the meetings regarding PGA Boulevard lane widening. Ms. Elias apologized for the behavior
of some of the PGA National residents, who would not listen, and expressed appreciation
that the City planned to wait to hold the next meeting when there was more information and
to have DOT representatives present to answer questions. Stanley Lubitt, 759 Boche Court,
Evergrene, commented the Evergrene Clubhouse completion had been extended to the end of
April and asked what was happening. Growth Management Administrator Charles Wu
advised that a number of building permits and CO's were being held up, and meetings were
being held with the developer to try to wrap everything up, and completion should occur
next week.
CONSENT AGENDA_ Councilmember Clark moved approval of the Consent Agenda with
Resolution 127, 2004 pulled. Councilmember Delgado seconded the motion, which carried
by unanimous 5 -0 vote. The following items were approved on the Consent Agenda:
a. Resolution 110, 2004 — Financial Assistance Agreement. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving a
financial assistance agreement with Palm Beach County for median
beautification along Northlake Boulevard and Military Trail as part of the
"Only Trees, Irrigation, and Sod" (OTIS) program; and providing an
effective date.
b. Resolution 111, 2004 — Financial Assistance Agreement. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving a
financial assistance agreement with Palm Beach County for median
beautification on Military Trail as part of the Keep Palm Beach County
Beautiful Grant Program; and proving an effective date.
C. Resolution 112, 2004 — Joint Participating Agreement and Memorandum of
Agreement. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving a Joint Participation Agreement and Maintenance
Memorandum of Agreement with the Florida Department of Transportation
for median beautification on Military Trail as part of the Keep Palm Beach
County Beautiful Grant Program; and providing an effective date.
d. Resolution 113, 2004 — Easement Deed 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 City Clerk to
execute said Easement; and providing an effective date.
f. Proclamation — World War II Veterans Recognition Day.
The following item was removed from the Consent Agenda:
Resolution 127, 2004. Opposing El Paso Seafarer Natural Gas Transmission Pipeline. A
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Resolution of the City Council of the city of Palm Beach Gardens, Florida opposing the
construction of the El Paso Seafarer natural gas transmission pipeline; and providing an
effective date. Councilmember Clark requested a voice vote on this Resolution. Vice Mayor
Russo moved approval of Resolution 127, 2004. Councilmember Delgado seconded the
motion, which carried 4 -1 with Councilmember Clark opposed.
PUBLIC HEARINGS:
PART I — QUASI - JUDICIAL — Mayor Jablin reviewed the required procedure. The City
Clerk swore in all those intending to offer testimony this evening on any of the quasi-judicial
cases.
Ordinance 16, 2004 — Weiss School Renovations. (1s` reading) An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida relating to rezoning; providing for the
rezoning of a parcel of land consisting of 7.76 acres, more or less, located on the South side
of Burns Road, approximately one -half mile East of Military Trail, as described more
particularly herein, from Research & Light Industrial Park (M -1) to Planned Unit
Development (PUD) overlay with an underlying zoning of Research & light Industrial Park
(M -1) to be known as the Weiss School PUD; proving for revisions to the zoning district
map; and providing an effective date. Resolution 108, 2004 — Weiss School Renovations (a
companion Item to Ordinance 16 which will require Council action at second reading):
A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the
development plan petition of the Nexus Design Group, agent for Weiss School Inc., for the
7.76 acre properly located on the South side of Burns Road, approximately one -half mile
East of Military Trail, as described more particularly herein, to allow for renovations to the
existing school site and the conversion of 25, 995 square feet of office use to school use;
granting conditional use approval for a private school; providing for waivers; providing for
conditions of approval; and providing an effective date. The City Clerk read Ordinance 16,
2004 by title only on first reading. Mayor Jablin declared the public hearing open, held on
the intent of Ordinance 16, 2004, and called for ex -parte communication. Councilmember
Levy reported ex -parte communication with staff and Weiss School officials, and asked for a
legal opinion as to whether a previous business relationship would keep him from voting.
City Attorney Tatum advised that Councilmember Levy could vote since he no longer had a
business relationship with the applicant. Councilmember Delgado reported ex -parte
communication with staff and that she had also gone to the Weiss School and spoke with
them. Mayor Jablin reported he had a conversation with Elizabeth Weiss 6 -8 months ago
regarding the school. Councilmember Clark reported he had had no ex -parte communication.
Planner Brad Wiseman presented the project. Questions arose regarding traffic management
at pick -up and drop -off areas, if the landscaping plan took into account moving well PBG 11,
and monitoring the number of students, for which Mayor Jablin requested answers at second
reading. Mr. Benothman clarified the stacking area. Gregory Houng, presented the project on
behalf of the applicant. Randy Lubart, 202 Thornton Court, PGA, who indicated he was a
parent of two students in the Weiss School, spoke in support of the school, and expressed
gratitude to the City Council. Hearing no further comments from the public, Mayor Jablin
declared the public hearing closed. Councilmember Clark made a motion to place Ordinance
16, 2004 on first reading by title only. Councilmember Delgado seconded the motion, which
carried by unanimous 5 -0 vote.
Resolution 109, 2004 - Frenchman's Creek Side Setback Waiver. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving a waiver from City Code
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Section 78 -141, Residential Zoning Districts, to allow for the expansion or construction of
patio /villa units to extend to the side property line abutting non - residential property within
the Frenchman's Creek Planned Community Development (PCD); and providing an effective
date. The City Clerk read Resolution 109, 2004 by title only. Major Jablin declared the
public hearing open. Ex -parte communication was reported: Councilmember Delgado
reported ex -parte communication with staff and with Bernie Porcelli who wanted to convey
that their POA was strongly backing this setback waiver. Mayor Jablin, and Vice Mayor
Russo also were contacted by Mr. Porcelli. Mr. Levy reported he discussed this matter with
staff. Mr. Clark had no ex -parte communications. Brad Wiseman was present on behalf of
staff. Hearing no comments from the public, Mayor Jablin declared the public hearing
closed. Councilmember Clark made a motion to approve Resolution 109, 2004.
Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote.
Ordinance 23, 2004 - relating to the zoning for the Donald Ross Village PUD (1" reading).
An ordinance of the City Council of the City of Palm Beach Gardens, Florida amending
Ordinance 53, 2002 relating to the zoning for the Donald Ross Village Planned Unit
Development (PUD) to transfer and amend the conditional use approval, site plan approval,
and related conditions through a separate resolution; and providing an effective date.
Resolution 125, 2004 and Resolution 115, 2004 are companion items to Ordinance 23 and
will require Council action at second reading: Resolution 125, 2004 - Amendment to the
development plans for the Donald Ross Village PUD. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida approving an amendment to the development plans
for the Donald Ross Village Planned Unit Development (PUD) generally bounded by Donald
Ross road to the north, Central Boulevard to the west, and Military Trail to the east, as more
particularly described herein; providing for additional waivers; providing for an amended to
conditions of approval; and providing an effective date. Resolution 115, 2004 – Donald Ross
Village PUD – approval of site preserve. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida, approving a request by Donald Ross / Military, L.C., for a
upland preserve set aside for Donald Ross Village Planned Unit Development (A.K.A.
Parcels 4.02 and 4.04) to be located on a 3.09 -acre site on the Bee Line Highway,
approximately 1.25 miles North of PGA Boulevard; as more particularly described herein,
providing for conditions of approval; and providing an effective date). The City Clerk read
Ordinance 23, 2004 on first reading by title only. Mayor Jablin declared the public hearing
open, held on the intent of Ordinance 23, 2004. The following ex -parte communications
were disclosed — Councilmember Delgado and Councilmember Levy reported speaking with
staff. Mayor Jablin, Vice Mayor Russo, and Councilmember Clark reported no ex -parte
communication. Senior Planner Kara Irwin presented the project. Hearing no comments from
the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a
motion to place Ordinance 23, 2004 on first reading by title only. Councilmember Delgado
seconded the motion, which carried by unanimous 5 -0 vote.
1 t11 \1 11 1 \Vl \� Vt1A71
Ordinance 17, 2004. (2" reading) Boards, Committees and Commissions. An Ordinance of
the City Council of the City of Palm Beach Gardens, Florida relating to Boards and
Committees; repealing Article III of Chapter 2, Code of Ordinances entitled "Boards,
Committees and Commissions" in its entirety; repealing Article II of Chapter 46, entitled
"Parks And Recreation Advisory Board" in its entirety; repealing Sections 78 -22 And 78 -23,
Code of Ordinances entitled "Planning and Zoning Commission" and "Board of Zoning
Appeals," respectively, in their entirety; repealing Subsections 78- 261(C)(1) & (3) and
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/3/04 5
Subsections 78- 262(E)(1) & (2) in their entirety; renumbering Sections 2 -172, 2 -173 and 2-
174 collectively, Code of Ordinances to be Section 78 -56, Code of Ordinances to be entitled
"Administrative Appeals "; Creating a New Chapter to be entitled "Boards and Committees"
to establish general policies and procedures for Boards and Committees; creating the Art in
Public Places Advisory Board; Creating the Community Aesthetics Board; Creating the
Economic Development Advisory Board; Creating the Parks and Recreation Advisory
Board; creating the Planning, Zoning, and Appeals Board; providing a purpose, powers and
duties, membership, and meetings for such boards; modifying certain references throughout
the Code of Ordinances; providing for Codification; and providing an effective date.
Resolution 120, 2004 and Resolution 121, 2004 are companion items to Ordinance 17, 2004
and will require Council action: Resolution 120, 2004 — Education Advisory Board. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida creating the
Education Advisory Committee; providing a purpose, powers and duties, membership, and
meeting; and providing an effective date. Resolution 121, 2004 — Budget Oversight
Committee. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
creating the Budget Oversight Committee; providing a purpose, powers and duties,
membership, and meetings; and providing an effective date. The City Clerk read Ordinance
17, 2004 by title only. The City Clerk also read Resolution 120, 2004 and Resolution 121,
2004 by title only. Sheryl Stewart, Assistant to the City Manager, reported the only change
since first reading was to change the number of meetings that could be missed from 6 to 4 for
the proposed Planning Zoning and Appeals Board in section 2 -9(6), paragraph b. Mayor
Jablin declared the public hearing open. Hearing no comments from the public, Mayor Jablin
declared the public hearing closed. Councilmember Clark made a motion to approve
Ordinance 17, 2004 upon second reading by title only with the amendment as read into the
record by staff. Councilmember Delgado seconded the motion, which carried by unanimous
5 -0 vote. Councilmember Clark moved approval of Resolution 120, 2004. Councilmember
Delgado seconded the motion, which carried by unanimous 5 -0 vote. Councilmember Clark
moved approval of Resolution 121, 2004. Councilmember Delgado seconded the motion,
which carried by unanimous 5 -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
approval; and providing an effective date. Senior Planner Michael Sanchez presented the
project. Concern was expressed that vandalism to the sculptures could occur at the proposed
location. Maintenance issues were discussed. Councilmember Clark moved approval of
Resolution 61, 2004. Councilmember Delgado seconded the motion, which carried by
unanimous 5 -0 vote.
ITEMS FOR COUNCIL ACTION/DISCUSSION
Mayor Jablin reported there had been a newspaper article regarding the fact that the City
Council of West Palm Beach had not had a raise in five years. The Mayor pointed out that
the City of Palm Beach Gardens' City Council had not had a raise in eleven years, and things
had changed significantly. Consensus was to study this matter and bring it back to be
changed. The change would not go into effect until after the budget was approved for next
year. Vice Mayor Russo also wanted the Councilmembers to have the ability to buy the
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/3/04
City's health insurance when they left the Council. Consensus was that a cost of living plan
should be implemented so that these items would never have to be addressed again by
resolution.
Mayor Jablin reported the City's website had been updated, and it was brought up on the
screen for everyone to view.
CITY ATTORNEY REPORT
City Attorney Tatum reported the Vavrus trial had begun, and Mark Hendrickson was
attending as the City's representative. The trial was expected to last through the next week.
ADJOURNMENT:
There being no further business to di
APPROVAL:
ATTEST:
PATRICIA SNIDER
CITY CLERK
meeting was adjourned at 9:24 p.m.
COUNCILME ER LEVY