HomeMy WebLinkAboutMinutes Council 121902CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
December 19, 2002
The December 19, 2002 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 7:12 P.M. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Jablin, Vice Mayor Sabatello, Councilmember Clark, and
Councilmember Delgado. Councilmember Russo arrived at 7:45 p.m.
ITEMS & REPORTS BY MAYOR AND COUNCIL:
Mayor Jablin announced that he, Councilmember Delgado, and Councilmember Russo had
attended the opening of the new skate park the previous Saturday. Mayor Jablin reported he,
Councilmember Delgado, and Vice Mayor Sabatello had met on December 10 with
representatives of El Paso Pipeline, a company that proposed to install a gas pipeline from
the Bahamas under the ocean though this area to Martin County. Concern for volatility of this
pipeline was expressed, which would not service a power plant in Martin County. Mayor
Jablin stated he was very concerned. Councilmember Delgado commented there were no
safety mechanisms in place to protect residents. Mayor Jablin presented a draft resolution for
consideration by the City Council at their next meeting. Councilmember Clark expressed his
opinion that it was wrong to shift the liability and the issues to someone else, and pointed out
there were no good solutions. Mayor Jablin indicated that other pipelines had been proposed
in less dense areas. Discussion ensued regarding safety issues and the need for clean electric
power. Councilmember Delgado reported the Florida League of Cities had been successful in
getting the word "municipalities" added back into the Palm Beach County Comprehensive
Plan.
CITY MANAGER REPORT:
Mayors Golf Tournament Scholarship Presentation — Staff reported the Mayors Golf Classic
was recently held at the City's golf course to benefit initial funding for the recreation
scholarship fund for Palm Beach Gardens youth.
COMMENTS FROM THE PUBLIC: Julia Byrd, 4406 Daffodil Circle South, indicated
she would appreciate a hard copy of the complete packet for City Council in the meeting
room or lobby. Roger Blangy, 11658 Hemlock Street, expressed his opinion that the canal
construction as proposed in Resolution 230 was too costly and that this was the wrong
approach. City Engineer Dan Clark responded to Mr. Blangy's concerns. Siro DeGasperis,
PGA National, noted this was the 10`h holiday season he had appeared before the City
Council, expressed thanks for a good year and happy holidays, and announced there would be
an article in the CAN newspaper regarding the pipeline. Catherine Dwore, 13105 Silver Fox
Trail, expressed concern regarding the proposed pipeline and the condition of the existing
pipeline, and pointed out that the proposed pipeline was purely speculative, that there were
two others that could provide less impact to residential communities, and advised that the
City could object to the proposed alignment. The City Council agreed to publish on the
City's website the GIS map showing the route of the proposed pipeline, and if the science
could be verified to also show the areas that would be affected in an explosion. Mayor Jablin
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/19/02
announced that Councilmember Russo had joined the meeting approximately half an hour
earlier.
CONSENT AGENDA:
Councilmember Clark made a motion to approve the consent agenda. Councilmember
Delgado seconded the motion, which carried 5 -0. The following items were approved on the
consent agenda:
a. Consideration of approving Minutes from the November 21, 2002 Regular City
Council Meeting.
b. Resolution 221, 2002 — Agreement with Bellsouth. Consideration of accepting a
proposal from Bellsouth to provide equipment and installation for the upgrading of
the City's Telephone System.
C. Resolution 224, 2002 — Evergrene PCD -Plat 4 (Parcel 3) Subdivision Plat.
Consideration for approving the Evergrene PCD -Plat 4 Subdivision Plat.
d. Resolution 229, 2002 — Approve appointment of two (2) members to the Board of
Trustees of the City of Palm Beach Gardens Police Officers' Retirement Trust Fund.
Consideration for approving the appointment of two (2) members to the Board of
Trustees of the City of Palm Beach Gardens Police Officer's Retirement Trust Fund.
e. Resolution 230, 2002 — Contract with Hardrives, Inc. Consideration for approving an
agreement with Hardrives, Inc. for the widening of the EPB -31) Canal within Pine
Tree Boulevard right -of -way.
PUBLIC HEARINGS:
Ordinance 43, 2002 — Submitting to Referendum an Amendment to Article VI of the City's
Charter. An ordinance of the City Council of the City of Palm Beach Gardens, Florida,
submitting to referendum an amendment to Article VI of the City Charter, "Administration as
Council- Manager Form of Government," by amending Section 6 -1, "City Manager," to
remove unnecessary language regarding the appointment of persons to act on the City
Manager's behalf in the event of absence or disability, to delete the residency requirement
and procedures for removal or suspension and to allow the City Manager to appoint and
remove Department Heads, including the City Engineer, execute contracts as prescribed by
the Council and exercise powers consistent with the Council- Manager form of government;
providing for the title of the referendum ballot and explanatory statement; providing for
advertising; providing for codification; providing for conflicts; providing for severability;
and providing for an effective date — for consideration of second reading and approval.
Mayor Jablin declared the public hearing open, held on the intent of Ordinance 43, 2002.
Hearing no comments from the public, Mayor Jablin declared the public hearing closed.
Councilmember Clark made a motion to place Ordinance 43, 2002 on second reading by title
only and to approve Ordinance 43, 2002. Councilmember Delgado seconded the motion,
which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 43, 2002 on second
reading by title only.
Ordinance 44, 2002 — Submitting to Referendum an Amendment to Article VI of the City's
Charter. An ordinance of the City Council of the City of Palm Beach Gardens, Florida,
submitting to referendum an amendment to Article VI of the City Charter, "Administration as
Council- Manager Form of Government," by amending Section 6 -2, "City attorney," to allow
the City Manger to hire the City attorney and determine the City Attorney's compensation
and benefits and to clarify that the City Council or the City Manger may hire additional
Special Counsel to serve as Legal Advisors; providing for the title of the referendum ballot
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/19/02
and explanatory statement; providing for advertising; providing for codification; providing
for conflicts; providing for severability; and providing for an effective date — for
consideration of second reading and approval. Mayor Jablin declared the public hearing
open, held on the intent of Ordinance 44, 2002. Hearing no comments from the public,
Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to
place Ordinance 44, 2002 on second reading by title only and to approve Ordinance 44, 2002.
Councilmember Delgado seconded the motion. Councilmember Russo stated for the record
that he believed the City Manager should work for the City Council and he felt it was a
mistake to take this to the voters and hoped it would be explained to the voters in the right
manner. Motion carried by 3 -2 vote, with Councilmember Russo and Vice Mayor Sabatello
opposed. The City Clerk read Ordinance 44, 2002 on second reading by title only.
Ordinance 45, 2002 — Submitting to Referendum an Amendment to Article VII of the City's
Charter. An ordinance of the City Council of the City of Palm Beach Gardens, Florida,
submitting to referendum an amendment to Article VII of the City Charter, "Merit System,"
by amending Section 7 -2, "Personnel System," to allow the City Manager to adopt, regulate
and maintain a personnel system and to remove the requirement that the personnel system be
adopted by ordinance; providing for the title of the referendum ballot and explanatory
statement; providing for advertising; providing for codification; providing for conflicts;
providing for severability; and providing for an effective date — for consideration of second
reading and approval. Mayor Jablin declared the public hearing open, held on the intent of
Ordinance 45, 2002. Hearing no comments from the public, Mayor Jablin declared the
public hearing closed. Councilmember Clark made a motion to place Ordinance 45, 2002
on second reading by title only and to approve Ordinance 45, 2002. Councilmember
Delgado seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read
Ordinance 45, 2002 on second reading by title only.
Ordinance 46, 2002 — Submitting to Referendum an Amendment to Article VIII of the City
Charter. An ordinance of the City Council of the City of Palm Beach Gardens, Florida,
submitting to referendum an amendment to Article VIII of the City Charter, "Department
Heads," by deleting Section 8 -1, "Salary, Duties, Powers and Complaint," as unnecessary
and obsolete; providing for the title of the referendum ballot and explanatory statement;
providing for advertising; providing for codification; providing for conflicts; providing for
severability; and providing for an effective date — for consideration of second reading and
approval. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 46,
2002. Hearing no comments from the public, Mayor Jablin declared the public hearing
closed. Councilmember Clark made a motion to place Ordinance 46, 2002 on second
reading by title only and to approve Ordinance 46, 2002. Councilmember Delgado seconded
the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 46, 2002
on second reading by title only.
Ordinance 47, 2002 - Submitting to Referendum an Amendment to Article IX of the City's
Charter. An ordinance of the City Council of the City of Palm Beach Gardens, Florida,
submitting to referendum an amendment to Article IX of the City Charter, "Appointment,
Powers and Duties of City Officers," by amending Section 9 -1, "Powers and Duties of the
Mayor," to delete any reference to the "Chief Executive Officer" and to clarify the Mayor's
duties consistent with the Council- Manager form of Government; providing for the title of
the referendum ballot and explanatory statement; providing for advertising; providing for
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/19/02 4
codification; providing for conflicts; providing for severability; and providing for an
effective date — for consideration of second reading and approval. Mayor Jablin declared the
public hearing open, held on the intent of Ordinance 47, 2002. Hearing no comments from
the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a
motion to place Ordinance 47, 2002 on second reading by title only and to approve
Ordinance 47, 2002. Councilmember Delgado seconded the motion, which carried by
unanimous 5 -0 vote. The City Clerk read Ordinance 47, 2002 on second reading by title
only.
Ordinance 48, 2002 — Submitting to Referendum an Amendment to Article XVIII to the
City's Charter. An ordinance of the City Council of the City of Palm Beach Gardens, Florida,
submitting to referendum an amendment to Article XVIII of the City Charter, "Ordinances
and Resolutions," by deleting section 18 -1, "Meeting and Procedure of City Council," and
Section 18 -4, "Posting or Publication of Ordinances," as obsolete and inconsistent with
Florida Statutes and renumbering the remaining provisions of Chapter XVIII; providing for
the title of the referendum ballot and explanatory statement; providing for advertising;
providing for codification; providing for conflicts; providing for severability; and providing
for an effective date - for consideration of second reading and approval. Mayor Jablin
declared the public hearing open, held on the intent of Ordinance 48, 2002. Hearing no
comments from the public, Mayor Jablin declared the public hearing closed. Councilmember
Clark made a motion to place Ordinance 48, 2002 on second reading by title only and to
approve Ordinance 48, 2002. Councilmember Delgado seconded the motion, which carried
by unanimous 5 -0 vote. The City Clerk read Ordinance 48, 2002 on second reading by title
only.
Ordinance 37, 2002 — Oakbrook PUD Amendment, Relocation of Retail. An ordinance of
the City Council of the City of Palm Beach Gardens, Florida, providing for approval of an
amendment to the Oakbrook Square Shopping Center Planned Unit Development (PUD) by
adding a new 6,000 square -foot retail building alongside U.S. Highway One and renovating
the existing buildings, located at the northeast corner of PGA Boulevard and Highway U.S.
One, as more particularly described herein; providing for waivers; providing for conditions
of approval; providing for conflicts; providing for severability; and providing for an effective
date - for consideration of second reading, continued from 12/5/02 City Council meeting.)
Mayor Jablin declared the public hearing open, held on the intent of Ordinance 37, 2002.
Planner Jackie Holloman reviewed the project. Attorney Alfred Malefatto spoke on behalf of
the applicant. Hearing no comments from the public, Mayor Jablin declared the public
hearing closed. Councilmember Clark made a motion to place Ordinance 37, 2002 on
second reading by title only and to approve Ordinance 37, 2002. Councilmember Delgado
seconded the motion. It was clarified that art in public places for this project would be
brought before the City Council. Motion carried 3 -2 with Vice Mayor Sabatello and
Councilmember Russo opposed. The City Clerk read Ordinance 37, 2002 on second reading
by title only.
Ordinance 42, 2002 — Old Palm Community Development District - An ordinance of the
City Council of the City of Palm Beach Gardens, Florida, establishing a Community
Development District over the real property described in exhibit "A" to this ordinance
comprising approximately 651 acres; naming the initial members of the Board of
Supervisors of the district; establishing the name of the district as the "Old Palm
Community Development District "; designating the powers of the district; providing for
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/19/02 5
conflicts; providing for severability; and providing for an effective date — for
consideration of second reading and approval. Principal Planner Talal Benothman
advised during his presentation that staff had changed Ordinance 42, 2002 since first
reading by deleting the last sentence of Section 3, which had been reviewed by the City
Attorney. The deletion had been made to assure that the City of Palm Beach Gardens was
not granting approvals on behalf of other agencies. Michael Sabatello spoke on behalf of
the petitioner. Mayor Jablin declared the public hearing open, held on the intent of
Ordinance 42, 2002. Hearing no comments from the public, Mayor Jablin declared the
public hearing closed. Councilmember Clark made a motion to place Ordinance 42, 2002
on second reading by title only and to approve Ordinance 42, 2002. Vice Mayor
Sabatello seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk
read Ordinance 42, 2002 on second reading by title only.
Ordinance 50, 2002 - Extension of Build Out Dates for Development Orders. An ordinance
of the City Council of the City of Palm Beach Gardens, Florida, Extending the Expiration
Dates for Approved Development Orders for Planned Unit Developments, Parcels within
Planned Community Districts and Site Plans expiring in 2002 and 2003 to December 31,
2004: providing for conflicts; providing for severability; and providing for an effective date —
for consideration of second reading and approval. City Engineer Dan Clark presented the
ordinance as changed per direction from the City Council. Mayor Jablin declared the public
hearing open, held on the intent of Ordinance 50, 2002. Hearing no comments from the
public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a
motion to place Ordinance 50, 2002 on second reading by title only and to approve
Ordinance 50, 2002. Councilmember Russo seconded the motion. Vice Mayor Sabatello
indicated he would vote against the motion for reasons that were on the record. Motion
carried 3 -1 with Vice Mayor Sabatello opposed. The City Clerk read Ordinance 50, 2002 on
second reading by title only.
RESOLUTIONS:
Resolution 222, 2002 — Approve Final Cost Quote and Construction Documents for the
Municipal Complex Outdoors Artwork by Costas Varotsos. Consideration for approving the
final price quote and construction documents for the fabrication and installation of an
outdoor sculpture designed by Costas Varotsos. David Porter, Chair of the Art Advisory
Task Force, presented the final cost, which was $60,000 under the approved budgeted
amount. Councilmember Clark made a motion to approve Resolution 222, 2002.
Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote.
Resolution 227, 2002 — Crossroads Out Parcels Build -Out Revisions and Offsite
Landscaping. Consideration for providing for amendments to Conditions 2 and 3 contained
within Resolution 101, 2002, relating to the build -out date and the timing of installation of
right -of -way landscaping, and modifying the approved landscape plan for the "Northlake
Commons" (F /K/A "Crossroads at Northlake ") Shopping Center, located at the southeast
corner of Interstate 95 and Northlake Boulevard. Senior Planner Kara Irwin presented the
project. Councilmember Clark made a motion to approve Resolution 227, 2002.
Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote.
Resolution 228, 2002 —Calling for Referendum Election on March 11, 2003. Consideration
for calling a Referendum Election on March 11, 2003, to decide whether a majority of the
electors participating in said Referendum are in favor of amending the Charter of the City of
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/19/02
Palm Beach Gardens, Florida. Councilmember Russo made a motion to approve Resolution
228, 2002. Councilmember Clark seconded the motion, which carried by unanimous 4 -0
vote.
Resolution 231, 2002 — Appointment to the Art Advisory Committee. Consideration of
providing for the appointment of one (1) alternate member to the Art Advisory Committee of
the City of Palm Beach Gardens. Staff Liaison Kara Irwin presented the recommendation to
appoint Diane Capalla. Councilmember Russo made a motion to approve Resolution 231,
2002. Councilmember Clark seconded the motion, which carried by unanimous 4 -0 vote.
ORDINANCES:
Ordinance 49, 2002 — Special Events. An ordinance of the City Council of the City of Palm
Beach Gardens, Florida, providing for an amendment to the City Code of Ordinances by
repealing Section 78 -187, "Special Events," of Chapter 78, "Land Development," and
adopting a new Section 78 -187; providing for codification; providing for conflicts; providing
for severability; and providing for an effective date — for consideration of first reading.
Planner Natalie Wong presented the ordinance. Discussion ensued. Concern was expressed
that the Vice Mayor's comments had not been considered, and that special events not be a
disguised sale. A suggestion was made to limit the amount of special events allowed to
primary tenants and secondary tenants in a shopping center. Councilmember Clark made a
motion to place Ordinance 49, 2002 on first reading by title only. Councilmember Russo
seconded the motion, which carried by unanimous 3 -0 vote. The City Clerk read Ordinance
49, 2002 on first reading by title only.
Ordinance 51, 2002 — Shell Gas Station PUD Amendment — Sign & Color Changes. An
ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the
approval of an amendment to the Planned Unit Development for the PGA Shell Service
Station located at 4445 PGA Boulevard to allow color changes to the building elevations and
new signage; providing for conditions of approval; providing for a waiver; providing for
conflicts; providing for severability; and providing for an effective date — for consideration of
first reading. Planner Brad Wiseman presented the amendment. Councilmember Clark made
a motion to place Ordinance 51, 2002 on first reading by title only. Councilmember Russo
seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance
51, 2002 on first reading by title only.
Ordinance 52, 2002 — Sign Code Amendment Non - Commercial Messages. An ordinance of
the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to
the Palm Beach Gardens Code of Ordinances by amending Chapter 78 "Land Development,"
Article V, "Supplementary District Regulations," Division 6, "Signs," by adding Section 78-
291 "Non- Commercial Messages "; providing for conflicts; providing for severability;
providing for codification; and providing for an effective date — for consideration of first
reading. City Attorney Len Rubin presented the amendment. Councilmember Clark made a
motion to place Ordinance 52, 2002 on first reading by title only. Councilmember Russo
seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance
52, 2002 on first reading by title only.
ITEMS FOR DISCUSSION:
Councilmember Russo reported at the County Commission meeting Renaissance Village
made an application, which resulted in a tie vote, requiring the applicant to go for a
comprehensive plan amendment, and Commissioner Masalotti had commented that the City
of Palm Beach Gardens needed to be more cooperative and take a more active role.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/19/02
Councilmember Russo reported that Mayor Jablin had participated in meetings, and also that
Commissioner Marcus defended the City. Councilmember Russo requested that Mayor
Jablin send a letter to Commissioner Masalotti inviting him to a meeting so that the Council
could explain to him what they had done; and also requested that a letter be sent to
Commissioner Marcus stating the City was an active participant and was trying to help. It
was clarified that no one on the City Council had spoken with Commissioner Masalotti on
this subject, and Mayor Jablin indicated he would write those letters.
ADJOURNMENT:
There being no further business to discuss, the meeting was adjourned at approximately 9:40
p.m.
APPROVAL:
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ATTEST:
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COUNCILMEMBER DELGADO