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HomeMy WebLinkAboutMinutes Council 061704CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING June 17, 2004 The June 17, 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, Councilmember Delgado, and Councilmember Levy. ADDITIONS, MODIFICATIONS AND DELETIONS: Mayor Jablin reported Cotleur & Hearing had requested an addition, which was a waiver request for Borland Center and RAM Development to reduce the 23 -day time requirement between hearing by the Planning, Zoning and Appeals Board and the first consideration by City Council. Deletion was requested of Resolution 13 8, 2004. Councilmember Clark moved approval of the additions and deletions as read into the record by the Mayor. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. ANNOUNCEMENTS / PRESENTATIONS: Beautification and Environmental Awards - City Forester Mark Hendrickson introduced Donna Wisneski, Chair of the Community Aesthetics Board, formerly Beautification and Environmental Committee, who recognized other members of the committee and presented the awards. Recipients were PGA Commons for commercial, Frenchman's Reserve for residential. Economic Development Oversight Committee — Dolores Key, Economic Development & Marketing Administrator, reviewed the first year accomplishments of the committee, which included identification of growth areas within the City and a targeted expedited permitting program, which had been instituted for business applications. The committee submitted recommendations regarding the Scripps project. Ms. Key reported that the committee had been designated to be an advisory board, and recognized the committee members. Vice Mayor Russo thanked Ms. Key, the City Manager, and other staff for their work. Ms. Key introduced the team who had attended Bio 2004, an international convention, which provided contacts of companies interested in the Scripps project. Other staff members reported the amazing response experienced for the project at the convention. Quarterly Financial Report — Financial Director Allan Owens provided the quarterly financial report for the period ending March 31, including the general fund revenue and expenses, and performance of various funds. Workers comp claims were down and bonds for stormwater were in place; and other debt had been paid. New audit reporting requirements were in process. Proposed County Annexation Referendum - City Attorney Christine Tatum presented a draft of the County's ordinance and explained that a workshop meeting was scheduled for the next week. The County would develop a map containing future annexation areas for all the cities; and proposed rural communities could only be annexed by a super majority vote of the County Commission and a referendum. The City's response would urge the County not to establish this proposed referendum. Mayor Jablin reported he and Growth Management Administrator Charles Wu had attended a meeting regarding this at Juno Beach where several municipalities objected to this initiative. Councilmember Delgado reported Palm CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 2 Beach County League of Cities representatives from the whole county had put together resolutions of opposition. Vice Mayor Russo expressed concern that some form of control must be instituted before development in the groves, because of traffic concerns. Mr. Wu indicated this was a heavy- handed approach, and there should be another avenue for a solution. ITEMS OF RESIDENT INTEREST: Councilmember Delgado reported as a representative of Treasure Coast Regional Planning Council, she had invited staff to attend meetings of the Council regarding the Scripps project, and listed highlights of the work done to date. Councilmember Levy reported he had attended a meeting at the high school regarding the Scripps property, where contentious remarks were made because of environmental concerns. Councilmember Levy explained that the current use of chemicals in the orange groves was a more dangerous situation than would exist after development because stormwater runoff could be treated before it left the property after development. Vice Mayor Russo requested a report at the next meeting of the money the City had spent on the Vavrus property in case the upcoming closing did not take place. Councilmember Clark reported MPO had met that day and had voted to authorize DOT to consider various alternatives to extend State Road 7 northward to Northlake Boulevard. Proposed bike lanes had also been discussed at length, and the proposed plan for the Delray Beach area had been approved. Councilmember Clark requested time at the end of the meeting to discuss another matter. CITY MANAGER REPORT: Acting City Manager Jack Doughney reported City Manager Ferris was back a couple of hours each day and was also in contact via computer and was listening to this meeting. Mr. Doughney commended the Scripps team. Mayor Jablin also extended compliments to the team. Jim Jacoby was thanked for delivering the Right of Way Deed to Kyoto Gardens Drive that day. COMMENTS FROM THE PUBLIC: Joan Elias, 1009 Diamond Head Way, reported she had attended the Scripps meeting, and had been proud to be a resident, and commented this project would affect the City positively. Carol Estrada, 309 Riverside Drive, thanked the City for the progress being made on MacArthur Boulevard, commented on graffiti, and requested a detour sign at Lighthouse Drive and Alternate AIA. Mayor Jablin reported the graffiti had been painted out immediately. Vito DeFrancesco, 1049 Shady Lakes Circle, reported developers requested something and laws were being changed to accommodate them. Mr. DeFrancesco advised there was an upcoming proposed change in liquor licenses, proposed deletion of two public hearings, and the upcoming items to be considered by Planning and Zoning had been removed from the website, which had been a tool for residents to know what was coming up. Mr. DeFrancesco requested that information be placed back on the website. Mr. DeFrancesco thanked Councilmember Clark for his work on the Council, and also all the other Councilmember's. Attorney Tatum addressed the public hearing issue, and explained no changes had been made in public hearing requirements. Staff was requested to provide Mr. DeFrancesco with the proper information regarding the public hearings issue. CONSENT AGENDA: Councilmember Clark moved approval of the Consent Agenda with inclusion of Resolution 138, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. The following items were approved on the Consent Agenda: CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 3 a. Approve Minutes from April 15, 2004 regular City Council meeting. b. Approve Minutes from May 6, 2004 regular City Council meeting. C. Resolution 94, 2004 — Benjamin School Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Benjamin School Plat; and providing an effective date. d. Resolution 123, 2004 - Grande at Palm Beach Gardens Plat No. 2 — A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Grande at Palm Beach Gardens — Plat No. 2; and providing an effective date. e. Resolution 124, 2004 - Voluntary compliance of the Countywide Fire Rescue Minimum Level of Service Standards. A Resolution of the City Council of the City of Palm Beach Gardens, Florida expressing the commitment to comply with voluntary minimum fire- rescue level of service standards; and providing an effective date. f. Resolution 126, 2004 - Military Trail Improvement Grant Fee waiver. A Resolution of the City Council of the City of Palm Beach Gardens, Florida related to the Military Trail Improvement Grant Program; waiving all applicable building permit fees and development application fees for eligible projects; and providing an effective date. g. Resolution 132, 2004 — Proposed agreement between the City of Palm Beach Gardens and Evergrene Community. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement for traffic control jurisdiction between the City of Palm Beach Gardens and the Evergrene Master Association; and providing an effective date. h. Resolution 133, 2004 — Approve work authorization to LBF &H. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a work authorization for engineering services with LBFH, Inc. to provide geotechnical services, engineering, landscape, architectural, permitting services, and construction phase services related to the construction of the Burns Road Community Recreation Campus Aquatic Facility splash area; authorizing the Mayor and the City Clerk to execute the same; and providing an effective date. i. Proclamation — IAAP -- International Association of Administrative Professionals Florida Division Annual Meeting. j. Resolution 138, 2004 — A Resolution of the City Council of the City of Palm Beach Gardens, Florida opposing Palm Beach County's proposed Charter amendments and implementing Ordinances which would preempt Municipal authority to voluntarily annex real property into Municipal boundaries; urging the Board of County Commissioners not to adopt such Ordinances; and providing an effective date. PUBLIC HEARINGS: PART I -- OUASI- JUDICIAL The City Clerk swore in all those intending to testify in any of the quasi-judicial hearings. Resolution 119. 2004 — Frenchman's Creek Clubhouse Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the site plan amendment petition of Land Design South, agent for Frenchman's Creek, Inc. for the clubhouse facility at the Frenchman's Creek Planned Community Development (PCD), located East of Alternate Al A, South of Donald Ross Road, and North of Hood Road, as described more particularly herein, to allow for the relocation of three tennis courts, increased vehicle and CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 4 golf cart parking, a 512 square -foot expansion of the existing pro shop, and the addition of a refreshment stand; providing for waivers; providing for conditions of approval; and providing an effective date. The City Clerk read Resolution 119, 2004 by title only. Mayor Jablin declared the public hearing open, held on the intent of Resolution 119, 2004 and called for any ex -parte communication by the Council. Councilmember Levy reported he had spoken with staff, Vice Mayor Russo reported speaking with Bernie Poselli, Mayor Jablin reported speaking with Bernie Poselli and other members of the Frenchman's Creek community, Councilmember Clark reported no ex -parte communication. Brad Wiseman presented the staff report. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to approve Resolution 119, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 13, 2004 — Borland Center for Community Enrichment 2 °d 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 47 acres, more or less, located along the North side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as described more particularly herein, from Planned Development area (PDA) to a Mixed Use Planned Unit Development (MXD PUD) overlay with an underlying zoning of mixed use (MXD) to be known as the Palm Beach Community Church/Borland Center PUD; revising the zoning district map; and providing an effective date. (Resolution 92, 2004 is a companion item to Ordinance 13, 2004 and will require Council action.) Resolution 92, 2004 — Borland Center for Community Enrichment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a waiver of the residential requirement within a mixed use project to allow for a mixed use Planned Unit Development (PUD) utilizing non - residential mixed use intensities and measures; approving the master development plan for the approximately 47 -acre property, known as the Borland Center /Palm Beach Community Church (a.k.a. Parcel 6.O1A), located along the North side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as described more particularly herein, to allow the development of 64,533 square feet for a cultural center and church facilities (500 -seat small theater /church facility with accessory uses and 300 -seat banquet hall), 64,025 square feet for retail /commercial use, 19,950 square feet for restaurant use, 10,900 square feet for professional office use, and 225 multi - family units; granting conditional use approval for a 500 -seat small theater use /church and 300 -seat banquet facility; providing for waivers; providing for conditions of approval; and providing an effective date. The City Clerk read Ordinance 13, 2004 by title. Mayor Jablin read a letter from the law firm of Holland & Knight, representative for the applicant, requesting a delay of 60 days. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 13, 2004. Ex -parte disclosures since the last hearing were as follows: Councilmember Delgado spoke to staff, Councilmember Levy spoke with Ray Royce about the agreement, met with Casey Cummings, Mike Gleaman, Bob Zucano, Hank Gonzales, Mr. Mann, and Kayhart Pinder and discussed drainage for the site, garage design, and traffic concurrency. He then had a phone conversation with Mike Gleaman later that day regarding traffic concurrency. Vice Mayor Russo reported he spoke to Ray Royce, Casey Cummings, Dr. Underwood, Richard Orman, Mr. Gleaman, and staff. Councilmember Clark spoke with staff and Casey Cummings regarding the settlement agreement. Mayor Jablin spoke with Dr. Orman and Casey Cummings. Councilmember Delgado reported she had also spoken with Casey Cummings and Adrian Salee. Vice Mayor Russo reported he also spoke to Tom Keatis. CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 5 Robert Davis, 118 Orchid Cay, advised that advertisements in the newspaper for changing zoning were very hard to read and should not be in the sports section. Mayor Jablin explained that size was due to cost. Dr. Davis suggested holding a meeting once a year to explain things such as the difference in MXD residential and MXD non - residential, PGA overlay, etc. Dr. Davis commented his understanding was the PGA Overlay amendment limited theaters to 500 seats except for churches, and suggested that might need to be discussed with Borland. Bruce Honick, Shady Lakes, expressed concern with Borland being able to utilize commercial zoning to build something not in Keyping with the feeling of a residential neighborhood. Vito DeFrancesco, Shady Lakes, distributed a copy of the City's LDR's and noted there was only one non - residential development listed in the comp plan and LDR, which was non - residential MXD, and read aloud the definition. Mr. DeFrancesco's position was that the requested waiver was incorrect and would cause problems, and explained the undisclosed portion of the property bothered him. Margaret Smith, Thyme Drive, expressed concern regarding increased traffic since her back property went to Shady Lakes Drive, expressed concern regarding drainage, and requested mitigation of adverse impact to her property by some type of barrier and moving Shady Lakes Drive more to the east as soon as possible. Ms. Smith advised Mike Deskin and his wife had photos of an eagle's nest in the area where the Borland Center was to be developed, but they were not present. Dr. Richard Orman, 4203 Oak Street, advised the PGA Residents' Corridor Coalition had an agreement to work together with Borland, the Commons, and the City to put a pedestrian crossing on PGA Boulevard, asked that the PGA overlay include uses and intensity of uses before consideration by City Council, and commented Borland had agreed to be bound by the conditions of the PGA Overlay amendment and requested that be a condition of the development order. Mr. Orman indicated the eagle that had visited his neighborhood 3 of the last 4 winters had nested at the Ritz Carlton site, and he had not seen it this year. The City Attorney clarified for the record that the City was not a party to the settlement agreement that had been mentioned. There would be a public hearing August 5 if this public hearing was continued tonight, and the Council would make their decision based on the evidence presented to them. Ray Royce on behalf of the applicant commented each member of the Council would receive a signed copy of the settlement agreement and a letter requesting moving forward with the PGA Boulevard overlay and a waiver not to exceed a 500 -seat theater. Mr. Royce requested this petition be continued until August 5, and indicated to be sure everything was handled properly that the applicant had agreed to go back to Planning and Zoning and then back to City Council. A waiver of the 23 -day provision was requested so that the August 5 date could be met. Vice Mayor Russo stated he would not be present on August 5, and thanked everyone for working together. Councilmember Levy indicated he might not be present August 5. Councilmember Clark indicated he might not be present for other reasons. Mr. Morrell, who represented the PGA Corridor Coalition, three adjoining neighborhoods, and 13 individuals, agreed with everything requested by the applicant. Mr. Wu cautioned if this was continued until August 5 and there was not a quorum it would not continue. Consensus was to continue to July 15, when it could be continued again. Councilmember Clark made a motion to continue the public hearing on Ordinance 13, 2004 and Resolution 92, 2004 to a date certain of July 15, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 139, 2004 — A Resolution of the City Council of the City of Palm Beach Gardens, CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 6 Florida approving a waiver from Section 78 -43 of the City's Land Development Regulations to reduce the minimum 23 -day waiting period for the proposed Borland Center /Palm Beach Community Church Development application for a parcel of land located along the North side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as described more particularly herein; and providing an effective date. The City Clerk read Resolution 139, 2004 by title only. Major Jablin declared the public hearing open and called for ex -parte communication. Councilmember Levy reported he had spoken to the City Attorney regarding this matter. The other members reported no ex -parte communications. Vito DeFrancesco commented there had been procedural errors, some of which this might correct, but he wanted it on the record that it had happened, ex -parte had not happened, cross examination had not taken place, and a lot of things had not happened correctly. Mr. DeFrancesco expressed his opinion this had not been posted correctly because there was still no posting on the piece of property going up Shady Lakes Drive, which extended 1600 feet, and code required a sign every 500 feet. Ray Royce commented when these items were called to attention, it was clear everyone wanted to do it right and the applicant was not agreeing anything was done wrong but was willing to go back to P &Z to be certain everyone got heard. Mr. Royce commented all kinds of signs had been posted and neighbors had requested some of them be taken down, to which staff had agreed, but stated they would post so many signs you would not be able to see the trees. Mayor Jablin commented substance was one thing, and there had been no intention in any way to circumvent the code or any laws, and that was not done in Palm Beach Gardens. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to approve Resolution 139, 2004. Motion was seconded by Councilmember Delgado and carried by unanimous 5 -0 vote. Resolution 105, 2004 — Amendment to the Regional Center DRUPCD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending Resolution 96, 1999, the Consolidated and Amended Development Order for the Regional Center Development of Regional Impact (DRI) and Planned Community Development (PCD); amending the Master Development Plan to allow for modifications to the conversion matrix to allow the conversion of hotel rooms and business and research office to no more than 238 multi - family residential units on Parcel 27.09 and to modify the established minimum thresholds for these uses within the DRUPCD; authorizing the City Clerk to transmit copies of this Resolution to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, MacArthur Center Property Owner's Association, Inc., and the Mall Residence Hotel, LLC; and providing an effective date. The City Clerk read Resolution 105, 2004 by title only. Mayor Jablin declared the public hearing open, held on the intent of Resolution 105, 2004, and called for ex -parte communications. Councilmember Delgado, Councilmember Levy, and Vice Mayor Russo each reported they had met with staff and had also spoken with John Gary. Councilmember Clark and Mayor Jablin both reported they had spoken with John Gary and John Sapo. Mayor Jablin reported he also spoke to Jim McCovey and Craig Menin. Growth Management Division Director Talal Benothman presented the proposed amendment. John Gary spoke representing Mall Properties, LLC, and Kolter Properties, who had entered into an agreement to purchase the property. Discussion ensued. Craig Menin, owner of the rest of the undeveloped property at the mall, indicated that property would be the place to have a high -end business hotel, which would be gone if this were approved. Mr. Menin asked that a conceptual site plan be attached to the NOPC. Dr. CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 7 Robert Davis commented he was at Planning and Zoning during consideration of Landmark and they were told that was the last residential area allowed in the DRI. Dr. Davis expressed his opinion changes should not be done over and over again, and questioned if this would really be the last of the residential. Mr. Benothman clarified past statements by staff. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark moved approval of Resolution 105, 2004 with the amendment of adding a paragraph "c" in Section 3 to provide that the maximum height of any structure on parcel 27.09 shall be 140 feet. Councilmember Delgado seconded the motion. Councilmember Levy stated for the record that he agreed with the amendment; however, he was going to vote against this and did not want it to be known that he voted against the amendment. Motion carried by 4 -1 vote, with Councilmember Levy opposed. Following a short break, the meeting was reconvened. PART II — NON - QUASI- JUDICIAL Ordinance_ 14, 2004 — Amending section 2 -294, code of ordinances entitled "bidding threshold" (2nd reading). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to purchasing; amending Section 2 -294, Code of Ordinances entitled "Bidding Threshold "; creating a new Section 2 -295 to be entitled "Purchasing Procedures "; repealing Sections 2 -301 through 2 -304, inclusive, in their entirety; providing for codification; and providing an effective date. The City Clerk read Ordinance 14, 2004 by title only. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 14, 2004. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place on second reading and approve Ordinance 14, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 15, 2004 — Personnel System 2nd reading). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the Personnel Program; repealing Articles 1 through 10, inclusive, of Chapter 3, Code of Ordinances; creating a new Article 1 to be entitled "Personnel System "; providing for codification; and providing an effective date. The City Clerk read Ordinance 15, 2004 by title only. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 15, 2004. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place on second reading and approve Ordinance 15, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. ll1uinam,G GG, GVVY —1 \G /GGLllll lil lll.lG 111 V1 %- ,naLJ1G1 /v, I,VUG V1 V1umaiiVGJ, G11l1UGU "Parking, Stopping, and Standing" (2 °d reading). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to parking; repealing Article III of Chapter 70, Code of Ordinances, entitled "Parking, Stopping, and Standing" in its entirety; creating a new article III of Chapter 70, Code of Ordinances, to be entitled "Parking, Stopping, and Standing;" providing for enforcement; providing for codification; and providing an effective date. The City Clerk read Ordinance 22, 2004 by title only. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 22, 2004. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place on second reading and approve Ordinance 22, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. RESOLUTIONS: CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 8 Resolution 128, 2004 — Approve a contract award to West Construction, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a contract to West Construction, Inc. for the construction of the Lake Catherine Sports Complex clubhouse and all related appurtenances; authorizing the City Manager to take all actions necessary to complete the project in a timely manner, including, but not limited to, administrative site plan approval, as well as to make all expenditures necessary to complete the project, provided that the amount of such expenditures does not exceed the total amount budgeted for this project; and providing an effective date. Todd Engle, Construction Services Director, presented the staff report. Mayor Jablin requested consideration of replacing one existing flagpole with a taller flagpole for the American flag. Vice Mayor Russo moved approval of Resolution 128, 2004. Councilmember Clark seconded the motion, which carried by unanimous 5 -0 vote. ITEMS FOR COUNCIL ACTION /DISCUSSION: Mayor Jablin reported the Northern Palm Beach County Improvement District was going to elect two new members to its board next Wednesday and he had pushed to get a homeowner representative on that board. Of the three candidates, Marilyn Jacobs would fit that criteria, and Mayor Jablin asked that he be able to write a letter of support for her. The attorney advised the Council could vote their property. Discussion ensued. Consensus was a letter could be written by the Mayor personally, but not on City stationery. Councilmember's Levy and Delgado indicated they were not comfortable endorsing a specific candidate. Discussion ensued. Councilmember Clark made a motion that the City of Palm Beach Gardens vote its property interest in the Northern Palm Beach County Improvement District election in favor of Marilyn Jacobs. Vice Mayor Russo seconded the motion, which carried by 4 -1 vote, with Councilmember Delgado opposed. Mayor Jablin advised this issue would be discussed further during the budget process. Councilmember Clark announced that after 11 -1/2 years of service on the City Council, he and his family were under contract to purchase 5 acres outside the City where they could raise horses, and he would continue to serve on the City Council so long as he maintained his residence within the City, but when he no longer maintained residence within the City he would resign. Councilmember Clark noted he would coordinate when he knew dates, to reduce costs to the City in terms of having to hold a special election, and although he was excited about a new venture, he was pained by having to leave the Council and had not intended to do so. Councilmember Clark noted August 31 was the first date a special election could be held and that other circumstances could make a 4- person council for up to four months, and indicated he was trying to work with the Council and would do his best to ease the transition. Mayor Jablin expressed his opinion that Councilmember Clark had been an incredible addition to this City Council, and anything the City could legally do to keep him on the Council so as not to hold a special election would be done, since there were many projects coming up this summer. Vice Mayor Russo expressed his regret at losing Councilmember Clark but admired that he was doing something for his family, and indicated the Council would be happy to do whatever they could. Councilmember Delgado applauded the decision for his personal life and indicated he would be missed. Councilmember Levy commented he would miss having two David's on the Council. On behalf of Mr. Ferris's staff, it was stated Councilmember Clark would be missed. Mr. Wu commented if Caloosa was annexed, Mr. Clark would be eligible to run again. Joan Elias recalled the first Council meeting she attended under Mayor David Clark, and indicated it had been a pleasure CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 9 watching him over the years and she hoped his new home would not close for another 3 -4 months. Mayor Jablin commented the photographs of all the past mayors would be re -framed and included as part of the history of the City. CITY ATTORNEY REPORT: City Attorney Tatum reported the City had had a tremendous success in the Vavrus case, with the judge ruling in favor of the City on each of the ten counts that Mr. Vavrus had brought against the City. The City still had a pending count that asked for a mandatory injunction to abide by the City's code and also to re- forest the northern 225 acres that were cut down. The judge had asked both sides to submit proposed orders and he would rule on them without any more hearings, but the City was hopeful they would get additional relief there. The City would file to seek recovery of some of their attorneys' fees, which would go to the League of Cities, which had been covering the attorneys' expenses. Attorney Tatum recognized the work of staff on this case, especially City Forester Mark Hendrickson who had assembled thousands of documents and sat representing the City and did a remarkable job, and also congratulated the litigation attorney, Rusty Roberts, whose dedication had been commendable. The final judgment in this case would be filed as part of the summary judgment in the Federal court case, scheduled to be heard this summer. Mayor Jablin congratulated Attorney Tatum and everyone on staff who was involved. ADJOURNMENT: There being no further business to discus Ling was adjourned at 10:50 p.m. APPROVAL: MAY VICE MAYOR RUSSO CO UNCILMEMBER DEUGADO COUNCILMEMBER L Y ATTEST: CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 10 PATRICIA SN41TER CITY CLERK-