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HomeMy WebLinkAboutMinutes Council 050202CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING May 2, 2002 The May 2, 2002 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 to the Flag ROLL CALL: The Interim City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Eric Jablin, Vice Mayor Carl Sabatello, and Councilmember Delgado. Councilmember David Clark and Councilmember Joseph R. Russo were absent from the meeting PRESENTATIONS: FDOT Turnpike & PGA Interchange Presentation - A turnpike representative provided a presentation of proposed changes to the PGA Interchange under the Sunpass Challenge program and under an optional scenario. Mayor Jablin requested that a presentation be provided to residents of BallenIsles. Citizen Recognition Award for Joan Collette - Mayor Jablin presented the award in recognition of Joan Collette's volunteer work in the Right to Read literacy program at Timber Trace, as recommended by the Education Advisory Board. Awarding Donations to Dwyer High School and Palm Beach Gardens High School for Project Graduation - Mayor Jablin awarded $500 checks to Paul Houlihan, Principal of Palm Beach Gardens High School, and to Bill Basil, Assistant Principal of Dwyer High School. ITEMS & REPORTS BY MAYOR AND COUNCIL: Re -Order Agenda — Motion was made by Vice Mayor Sabatello, seconded by Councilmember Delgado, to re -order the agenda to allow Councilmember Delgado to make a proclamation at this time. Motion carried by unanimous 3 -0 vote. Proclamation of Chamber of Commerce Week — Councilmember Delgado read aloud the proclamation declaring the second week of June, 2002 as Chamber of Commerce Week. Vice Mayor Sabatello made a motion to adopt the proclamation. Motion was seconded by Councilmember Delgado and carried by unanimous 3 -0 vote. Councilmember Delgado reported she had met with the Parks and Recreation Advisory Board. Councilmember Delgado reported she had met with Vice President Chaney and would be making a trip to Washington D.C. to request funding assistance for the stormwater management program, and would have dinner with President Bush. CITY MANAGER REPORT: City Manager Ferris reported the Honda Classic would be moving from Broward County to Mirasol for the next five years, which would provide an estimated $4 -$5 million to the local economy. The City Manager reported zip codes 33410 and 33418, which had been designated West Palm Beach, would now be changed to Palm Beach Gardens, and a new post office had been approved at Northlake Boulevard and Coconut Boulevard which would CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/02/02 2 service zip codes 33412 and 33418. City Manager Ferris reported the current post office on Fairchild Gardens would be expanded and landscaping would be brought up to City codes. A postal kiosk on the west side of the Turnpike had also been requested. Mayor Jablin reported the Honda Classic raised more than a half million dollars which went directly to children's charities, and urged residents to volunteer. Councilmember Delgado requested a monthly or periodic update from the City's paid lobbyist. Lobbyist Tom Dorita explained they had reported to the City Manager on a regular basis, and described a meeting with Congressman Shaw regarding his redistricting changes and projects which had been submitted to the federal government, which had been reported to City staff. Mayor Jablin announced consensus would be obtained from the full Council on whether to change the reporting frequency from the lobbyist. COMMENTS FROM THE PUBLIC: Linda Hughey, Reed Drive, questioned the expenditure for exterior art proposed by Resolution 20, 2002 on the consent agenda, and recommended instead a program to provide art involving students of Palm Beach Gardens. Pat Hu hg_ey, 9120 Reed Drive, presented on behalf of the GNA a list of items which had been presented over the past years for attention. Jay Bonner, 5430 Northlake, representing the Character Council of Palm Beach County, applauded the proclamation recognizing May 2002 as Civility Month. Roger Blaney, 11658 Hemlock Street in Garden Woods, requested the City provide a new Garden Woods sign to replace the deteriorating wood sign, and suggested funding mechanisms. Mayor Jablin indicated the City was not legally responsible for the sign and if the City did this it would set precedence, and requested staff work with Mr. Blangey. CONSENT AGENDA: Vice Mayor Sabatello made a motion to add Resolution 76,2002; Resolution 68, 2002; Resolution 69, 2002; Resolution 70, 2002; and Resolution 71, 2002. Councilmember Delgado seconded the motion. During discussion of the motion, it was noted that since Vice Mayor Sabatello would abstain from voting on Resolution 69, 2002 it could not be voted on because there would not be a quorum. The motion was amended and seconded to add all the Resolutions previously mentioned with the exception of item 0) Resolution 69, 2002. During discussion of the motion it was noted this would be considered at the next meeting but that the meeting scheduled for May 16, 2002 might be cancelled. The vote on the motion carried by unanimous 3 -0 vote. Vice Mayor Sabatello made a motion to approve the consent agenda with the changes as read into the record. Councilmember Delgado seconded the motion, which carried by unanimous 3 -0 vote. The following items were approved on the consent agenda: a. Consideration of approving Minutes from the April 18, 2002 Regular City Council Meeting. b. Consideration of approving Minutes from the April 15, 2002 Joint City Council Meeting with The Art Advisory Task Force. C. Resolution 63, 2002 — Agreement with Tropical Sands Church Regarding Widening of Burns Road. Consideration of approving an agreement with Tropical Sands Church, Inc. for the construction of improvements relating to the widening of Burns Road and authorizing the Mayor and City Clerk to execute same. d. Resolution 66, 2002 — Interlocal Agreement /Baseball Facility. Consideration of approving an interlocal agreement and agreement for lease with the School Board of CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/02/02 Palm Beach County for the development of an athletic facility on the north side of Lilac Street. e. Resolution 20, 2002 — City Hall Sculptural Elements. Consideration of approving two agreements for the creation, delivery and installation of sculptural elements for the City's Municipal Complex. f. Proclamation — Recognizing the month of May as "National Military Appreciation Month ". g. Proclamation — Recognizing the week of May 13th as "Police Week" and May 15`h as "Peace Officers' Memorial Day ". h. Resolution 76, 2002 — Work Order Number 2002 -003 for LBFH, Inc. Consideration of approving Work Order 2002 -003 with LBFH, Inc. for engineering services related to the planning and design of Westminster Park and Burns Road Community Center. i. Resolution 68, 2002 — Ryder Substation Florida Power & Light Company -Plat. Consideration of approving the Ryder Substation Florida Power & Light Company Plat. k. Resolution 70, 2002 — Mirasol Parcel Seven -Plat. Consideration of approving the Mirasol Parcel Seven Plat. 1. Resolution 71, 2002 — Mirasol Parcel Nine -Plat. Consideration of approving the Mirasol Parcel Nine Plat. PUBLIC HEARINGS: Ordinance 2, 2002 - Christ Fellowship South Campus Conditional Use Amendment—Mayor Jablin declared the public hearing open held on the intent of Ordinance 2, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to Palm Beach Gardens Christ Fellowship Church South Campus (located at 5312 Northlake Boulevard, approximately 3/ miles west of Military Trail as more particularly described herein) by amending a condition of approval for a previously approved conditional use; amending Ordinance 34, 1999; providing for a condition of approval; providing for severability; providing for conflict; and providing for an effective date — for consideration of First Reading, continued from 04/04/02. Vice Mayor Sabatello moved that Ordinance 2, 2002 be continued to a date certain of June 6, 2002. Motion was seconded by Councilmember Delgado and carried by unanimous 3 -0 vote. Resolution 4, 2002 - Christ Fellowship South Campus Site Plan Amendment —A Resolution approving an application from Palm Beach Gardens Christ Fellowship by amending a condition of approval for a previously approved site plan for the Christ Fellowship Church South Campus (located at 5312 Northlake Boulevard, approximately 3/ miles west of Military Trail as more particularly described herein) by amending a condition of approval for a previously approved conditional use; amending Resolution 5, 2000 - Continued from 04/04/02. The City Attorney advised that no action was needed to continue this item to June 6, 2002. Ordinance 44, 2001 — Christ Fellowship North Campus Amendment - Mayor Jablin declared the public hearing open, held on the intent of Ordinance 44, 2002 — An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to Palm Beach Gardens Christ Fellowship Church North Campus by amending conditions of approval for the site, located on the north side of Northlake Boulevard, approximately I '/z mile west of Military Trail as more particularly described herein, CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/02/02 4 amending Ordinance 20, 1997, and Ordinance 23, 1999; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date — for consideration of First Reading - continued from 04/04/02. Vice Mayor Sabatello moved that Ordinance 44, 2001 be continued to a date certain of June 6, 2002. Motion was seconded by Councilmember Delgado and carried by unanimous 3 -0 vote. Ordinance 46, 2001 — Parcel 4.0713 — Alta Pines Apartments - Mayor Jablin declared the public hearing open, held on the intent of Ordinance 46, 2001 -An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application for a rezoning of approximately 24.68 acre parcel of land from Planned Development Area (PDA) to Residential High (RH) with a Planned Unit Development Overlay Zoning District (PUD), to be known as "Alta Pines," by approving the construction of 264 multi - family units and accessory uses, located approximately '/z mile north of the intersection of Military Trail and Hood Road, on the west side of Military Trail, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date — for consideration of second reading. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Vice Mayor Sabatello made a motion to approve Ordinance 46, 2001 on second reading by title only with the change as read into the record by Planner Kara Irwin of a change to the condition of approval that the applicant had to provide certain improvements within six months of approval to six months after issuance of the clearing permit. Councilmember Delgado seconded the motion, which carried by unanimous 3 -0 vote. Interim City Clerk read Ordinance 46, 2001 on second reading by title only. RESOLUTIONS: Resolution 67, 2002 — Award of Contract Burns Road East Project Number 00 -4107 — Consideration of awarding the bid for the Burns Road East improvements to Hardrives Inc. Staff indicated this was the low bid for the east end of Burns Road. Vice Mayor Sabatello made a motion to approve Resolution 67, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 3 -0 vote. ORDINANCES: Ordinance 22, 2002 — Mid -Year Budget Amendment - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment of the City of Palm Beach Gardens budget for the fiscal year beginning October 1, 2001, and ending September 30, 2002, inclusive; providing for conflicts; providing for severability; and providing for an effective date — for consideration of first reading. Staff presented the requested changes. Vice Mayor Sabatello made a motion to place Ordinance 22, 2002 on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 3 -0 vote. The Interim City Clerk read Ordinance 22, 2002 on first reading by title only. Ordinance 16, 2002 — BATT Learning Center - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application for a rezoning of approximately 9.42 -acre parcel of land from Planned Development Area (PDA) to Planned Unit Development Overlay Zoning District (PUD) with a underlying Public /Institutional (P /1) zoning, to be known as `BATT School," by approving the construction of an approximately 50,203 square -foot private school with gymnasium, football field, and track, located on the north side of Hood Road, west of the Interstate 95 overpass and east of the Turnpike overpass, as more particularly described herein; providing for CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/02/02 5 waivers; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date — for consideration of first reading. Planner Kara Irwin presented the project. Landscape Architect Donaldson Hearing spoke on behalf of the petitioner. Councilmember Delgado made a motion to place Ordinance 16, 2002 on first reading by title only. Vice Mayor Sabatello seconded the motion, which carried by unanimous 3 -0 vote. The Interim City Clerk read Ordinance 16, 2002 on first reading by title only. Ordinance 19, 2002 - Frenchman's Reserve PCD Amendment, N.E. Wall - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Ordinance 4, 2001, which approved the Frenchman's Reserve Planned Community District by amending the Condition of Approval relating to issuance of building permits prior to completion of certain infrastructure and adding a new condition; and amending the PCD Master Easement Relocations, and a well site location at the site, located approximately directly east of the intersection of Hood Road and Alternate AIA; providing for conditions of approval; providing for a waiver; providing for severability; providing for conflicts; and providing for an effective date — for consideration of first reading. Senior Planner Edward Tombari presented the project. Bob Benz, Land Design South, spoke on behalf of the applicant. Resident Fred Barlow, 3803 Toulouse Drive, Chairman of Frenchman's Creek Ad Hoc Committee regarding Hood Road, indicated he was a co- signer of the agreement between Toll Brothers and Frenchman's Creek POA for location of the road. Mr. Barlow described the agreed -upon berm and wall, which was not being installed as agreed upon, and asked what could be done. Mr. Barlow noted the Seacoast easement had not been on the original site plan. Mayor Jablin suggested Mr. Barlow get with Mr. Benz and a Toll Brothers representative to work things out before second reading. Michael Sabatello, on behalf of Toll Brothers, addressed the concerns, and was requested to work with the ad hoc committee. Vice Mayor Sabatello made a motion to place Ordinance 19, 2002 on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 3 -0 vote. The Interim City Clerk read Ordinance 19, 2002 on first reading by title only. A 5- minute recess was observed. Ordinance 23, 2002 — PGA Commons Parcel 2 Time Extension - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of the extension of the build out date for concurrency certification for the property located at the southwest corner of PGA Boulevard and Hickory Drive, known as "PGA Commons Parcel 2" Planned Unit Development; amending Ordinance 8, 1999 to revise a condition of approval and add a new condition of approval; providing for conflicts; providing for severability; and providing for an effective date — for consideration of first reading, was presented by Growth Management Director Charles Wu along with Ordinance 24, 2002 — PGA Commons Parcel 3 Time Extension - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of the extension of the build out date for concurrency certification for the property located at the southeast corner of PGA Boulevard and Hickory Drive, known as "PGA Commons Parcel 3" Planned Unit Development; amending Ordinance 9, 1999 to revise a condition of approval and add a new condition of approval; providing for conflicts; providing for severability; and providing for an effective date — for consideration of first reading. Henry Skokowski spoke on behalf of the applicant. Vice Mayor Sabatello made a motion to place Ordinance 23, 2002 on first reading by title only. CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/02/02 6 Councilmember Delgado seconded the motion, which carried by unanimous 3 -0 vote. The Interim City Clerk read Ordinance 23, 2002 on first reading by title only. Vice Mayor Sabatello made a motion to place Ordinance 24, 2002 on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 3 -0 vote. The Interim City Clerk read Ordinance 24, 2002 on first reading by title only. Ordinance 21, 2002 — PGA Plaza Rezoning & Site Plan Review to Accommodate the PGA Blvd. Widening & Address Non - Conformities - An ordinance of the City Council of the city of Palm Beach Gardens, Florida, providing for the approval of an application for a rezoning of approximately 11.11 -acre parcel of land from General Commercial (CG -1) to a Planned Unit Development Overlay Zoning District (PUD) with a Underlying General Commercial (CG -1) Zoning, to be known as "PGA Plaza," by approving the renovation of the parking and landscape areas to accommodate the widening of PGA Boulevard as required by the Regional Center DRI Development Order on the site located on the southwest corner of intersection of PGA Boulevard and Prosperity Farms Road, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date — for consideration of first reading. Planner Kara Irwin presented the project. George Gentile spoke on behalf of the applicant. Councilmember Delgado made a motion to place Ordinance 21, 2002 on first reading by title only. Councilmember Sabatello seconded the motion. Motion carried 2 -1 with Councilmember Sabatello opposing. The Interim City Clerk read Ordinance 21, 2002 by title only. ITEMS FOR COUNCIL ACTION: City Manager Performance Review — Vice Chair Sabatello made a motion to give the City Manager an increase in salary of 6% based on his performance review, retroactive to the anniversary of his contract. Councilmember Delgado seconded the motion, which carried by unanimous 3 -0 vote. ITEMS FOR DISCUSSION: Conceptual Study and Design For MacArthur Boulevard Traffic Calming and Roadway Improvements - Sheryl Stewart, Assistant to the City Manager, advised the proposed cost as presented by the engineers was $85,000 for the study and $1 million for the project. The City Manager advised less costly alternatives might be found. Consensus was to discuss this issue with the full Council present before going back to the residents. Art Display in Municipal Complex Lobby — Mayor Jablin reported the Art Task Force had proposed to permanently repair the damage to the lobby walls from art installations by carpeting the walls and to pay for the improvements from the Art Task fund. Also proposed was recessing the television set into the wall; and moving the lobby cabinets into the Council Chambers if the History Committee agreed. CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/02/02 ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 10:51 p.m. APPROVAL: ATTEST: VICE MAYOR CARL SABATELLO PATRICIA SNIDER CITY CLERK