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HomeMy WebLinkAboutMinutes Council 060602CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING June 6, 2002 The June 6, 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 City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Eric Jablin, Vice Mayor Carl Sabatello, Councilmember David Clark, and Councilmember Joseph R. Russo. Councilmember Annie Marie Delgado was absent from the meeting. PRESENTATIONS: Recognition of High School Scholarship Awardees — Stephanie Wood, Pathfinder Scholarship winner, was recognized for her outstanding achievements. Civilian Recognition Award - Carilynn Drummond, volunteer at Timber Trace Elementary, was recognized for establishing a Spanish program. Education Advisor Board — Members were recognized for their efforts on behalf of education of the children of the City. ITEMS & REPORTS BY MAYOR AND COUNCIL: Councilmember Russo reported meeting with the Executive Director of the Honda Classic and the head of the Honda Classic Foundation, and that he and staff were working with them. Councilmember Clark reported that the Beautification and Environmental Committee was working on an environmental brochure, and also reported that he was continuing to register the City's opposition to the proposed turnpike interchange location with the Metropolitan Planning Organization. Mayor Jablin reported he had met with the Secretary of Transportation in Tallahassee regarding this issue. He had also met with Chief of the Bureau for Water Facilities Funding regarding creative stormwater funding. CITY MANAGER REPORT: North County Traffic Study for TPSO — City Manager Ferris reported the developers had indicated they preferred to fund the $25,000 study, with the City to hire someone to do the study, and noted that the City Council had already indicated they wished the study to be done by the City's Traffic Engineer and City Engineer. City Engineer Dan Clark reviewed the scope of the study. Consensus was to proceed as outlined by the City Manager and City Engineer. Financial Report Second Quarter — Finance Director Allan Owens provided an overview of the quarterly report, with focus on the General Fund and the Enterprise Fund for the golf course. COMMENTS FROM THE PUBLIC: Jeff Dudey, 126 S. 11th Street, Lantana, advised he was a whistleblower from the South Florida Water Management District regarding flooding concerns, and urged the Council to contact Director Henry Dean at the District to find out the truth about what was going on in CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/6/02 . 2 the operations control center there. Lauren Furtado, 4318 Crestdale Street, spoke regarding a new anti -drug program for children and parents, called Strengthening Families. Carol Estrada, 309 Riverside Drive, reported a resident had tripped on an uneven sidewalk and had been injured. Ms. Estrada requested the MacArthur Boulevard topic be scheduled earlier in the meeting. Pat Hughey, 9120 Reed Drive, questioned if the Art Advisory Board would provide funding to carpet the lobby walls, the cost of maintenance of the carpeted walls, and whether there should be concern for allergens. Ms. Hughey indicated the GNA History Committee preferred that the history cabinets remain in the City Hall lobby rather than being moved to the Council Chambers. Ms. Hughey provided a list of questions from the GNA and requested responses. Mayor Jablin clarified that the decision had not yet been made to carpet the walls, but it was under consideration, and funding would come from the Art Advisory Board. B4n.1 Merman, Jupiter, expressed concern regarding the direction of the City's growth with heavy traffic and inflated prices for housing. Mr. Merman reported.Councilmember Delgado was operating a business from her home in violation of the homeowners restrictions of Westwood Gardens. Mr. Merman provided written documentation to the City Council. Mayor Jablin indicated this would be referred to the City Attorney. CONSENT AGENDA: Vice Mayor Sabatello made a motion to approve the consent agenda items a through g. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. a. Resolution 61, 2002 — Signage program for Legacy Place Apartments. Consideration of approving a Signage Program for Legacy Place Apartments at the northeast corner of Alternate A I A and RCA Boulevard. b. Resolution 73, 2002 — Urban County Program Interlocal Agreement with Palm Beach County. Consideration of approving an interlocal agreement between the City and Palm Beach County for Community Development Block Grant and Home Investment Partnerships Program Activities for the fiscal years 2003, 2004, and 2005. C. Resolution 83, 2002 — Site Plan Review for Evergrene Community Center and Entry Features. Consideration for approving a site plan application for a clubhouse and entry features within the Evergrene PCD, located between Hood Road & Donald Ross Road. d. Resolution 86, 2002 — Appoint member to the Board of Trustees of the City of Palm Beach Gardens General Employees Pension Plan. Consideration of approving the appointment of one (1) member to the Board of Trustees of the City of Palm Beach Gardens General Employees Pension Plan. e. Resolution 87, 2002 — Four -Month extension to the Northlake Blvd. streetscape improvements interlocal agreement with Palm Beach County. Consideration to execute a Four -Month time extension to a financial assistance agreement with Palm Beach County which allows the City to be reimbursed for funding for preparation of streetscape plans for Northlake Boulevard between Military Trail and U.S. Highway One. f. Resolution 89, 2002 — Evergrene Plat Two -Plat. Consideration of approving the Evergrene Plat Two Plat. CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/06/02 3 g. Resolution 91, 2002 — Lake Victoria Gardens Right of Way Deed. Consideration for accepting a Quit -Claim Deed from Northern Palm Beach County Improvement District for the Lake Victoria Gardens Avenue Right -Of -Way. Consideration of item pulled from Consent Agenda: h. Resolution 90, 2002 — Auditing services RFP selection. Consideration of accepting the proposal from Haas, Diaz & Co. to provide auditing services for the City and authorizing the Mayor and City Clerk to execute a three -year agreement with Haas, Diaz & Co. commencing with the fiscal year ending September 30, 2002. Councilmember Russo requested the ability to opt out before the end of the contract, and was advised that a termination clause had been included. Councilmember Russo made a motion to approve Resolution 90, 2002. Councilmember Clark seconded the motion, which carried by unanimous 4 -0 vote. PUBLIC HEARINGS: Ordinance 2, 2002 — Mayor Jablin declared the public hearing open held on the intent of Ordinance 2, 2002 - Consideration of 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 3/4 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 05/02/02; Resolution 4, 2002 - Consideration of 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 3/4 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 for consideration of approval; and Ordinance 44, 2001 — 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 1 '/z mile west of Military Trail as more particularly described herein, 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. Bernard Strauss, 116 Palm Point Circle, reserved his comments until this item could be discussed before the full City Council. Joan Altwater, 9180 Cypress Hollow Drive and Marilyn Jacobs, 16 Bermuda Lake Drive, reserved their comments until this item could be discussed before the full Council. Keith Paulus, 10100 Hunt Club Lane, requested that at the next scheduled date this item not be delayed again, with which Mayor Jablin agreed. Councilmember Clark made a motion to continue the public hearings for Ordinance 2, 2002, Resolution 4, 2002, and Ordinance 44, 2001 to a date certain of July 11, 2002. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. Ordinance 19, 2002 - 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 CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/6/02 4 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 second reading. Senior Planner Edward Tombari reviewed the revised ordinance. The proposed wall, the proposed traffic signal, roadway signage, and landscaping were discussed. Michael Sabatello spoke on behalf of the applicant. Mayor Jablin declared the public hearing open. Fred Barlow, Chairman of the Ad Hoc Committee of Frenchman's Creek, read and submitted a memo regarding items agreed upon but not put into writing, with an agreement attached which had been reached between Frenchman's Reserve and Frenchman's Creek. Mr. Barlow requested the City not allow a certain portion of land at the townhouse pod to be cleared until a site plan had been submitted to both Frenchman's Creek and to the City; and expressed support for the 12 -foot wall. Councilmember Sabatello commended staff for working with the developer. Councilmember Russo requested height issues be explained better in the future. Councilmember Clark made the same request and thanked staff and Frenchman's Creek for working so hard with the developer. Councilmember Clark moved Ordinance 19, 2002 be placed on second reading by title only and approved with one minor amendment to Section 2 deleting the words "plywood or" in numbered item 2 in condition 37 so it would be only metal road signs. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 19, 2002 on second reading by title only. Ordinance 21, 2002 — 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 second reading. Planner Kara Irwin presented the request. George Gentile spoke on behalf of the applicant. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 21, 2002. Councilmember Russo moved to continue the public hearing for Ordinance 21, 2002 to a date certain of June 20, 2002. Councilmember Clark seconded the motion, which carried 3 -1 with Vice Mayor Sabatello opposed. Councilmember Clark requested staff to contact landowners along PGA Boulevard to improve the median landscaping. RESOLUTIONS: Resolution 69, 2002 — Mirasol Parcel Six Plat. Consideration of approving the Mirasol Parcel Six Plat. Mayor Jablin announced that there was a conflict of interest; therefore, a special meeting would be held Monday at noon to address this item when the full City Council could attend. Resolution 88, 2002 — Appointments to the Parks and Recreation Advisory Board. Consideration of approving the appointment of three (3) regular members and two (2) alternate members to the Parks and Recreation Advisory Board of the City of Palm Beach Gardens in order to fill expired terms. Mayor Jablin noted this item had been pulled and would be addressed at the next regular City Council meeting on June 20, 2002. CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/06/02 ITEMS FOR COUNCIL ACTION: Vice Mayor Sabatello reported receipt of a memo from Councilmember Delgado regarding Re: Source group, and expressed his opinion that the lobbyist should go through the City Manager, who would separate issues that were administrative and those that were policy, and then the City Manager would advise the City Council on the other legislative matters. All those City Council members present agreed the lobbyist should report directly to the City Manager, and he would then bring reports to the City Council on a timely basis on any matters in which he needed to involve the Council. The City Manager noted that some items required immediate action. The Council granted that flexibility. Councilmember Russo reported he received a memo from Councilmember Delgado regarding the reinstatement of Mr. Buckley, and stated the issue to him had not been the situation but how it was handled; and that no one person should have made the decision, but the entire City Council should have decided whether or not Mr. Buckley should have been removed. Councilmember Russo indicated that in the past, liaisons to Boards were there as communicators from the Boards to the Council, and not to handle matters or make decisions. Mayor Jablin agreed. Vice Mayor Sabatello suggested the City Manager be the first contact in such situations. Consensus was to hold a workshop regarding the role of liaisons. The City Manager reported staff was working on ideas in support of the Council/Manager form of government and alternative ways of achieving goals, regarding which they would be ready to report to the Council in approximately one month. ITEMS FOR DISCUSSION: Conceptual Study and Design For MacArthur Boulevard Traffic Calming and Roadway Improvements. This item was pulled to be discussed at the beginning of the next meeting. CITY ATTORNEY REPORT: Kyoto Gardens Crossing Update — The City Manager indicated the City had had a disagreement with FEC regarding the scope of the mediation, and the City felt they had addressed every safety issue possible and was ready to move forward. CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/6/02 ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 10:15 p.m. L APPROVAL: MAY VICE XIAYOR CARL SABATELLO 6