HomeMy WebLinkAboutMinutes Council 120502CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
December 5, 2002
The December 5, 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.
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,
Councilmember Russo, and Councilmember Delgado.
ADDITIONS, DELETIONS, MODIFICATIONS: Mayor Jablin announced requested
postponements for Ordinance 37, 2002 and for Resolution 184, 2002. Councilmember Clark
made a motion to postpone Resolution 184, 2002 until January 16, 2003. Councilmember
Delgado seconded the motion, which carried by unanimous 5 -0 vote. Mayor Jablin
announced that the Attorney /Client Session listed on the agenda under
Announcements /Presentations would take place as the next item after the attorney had
arrived.
ITEMS & REPORTS BY MAYOR AND COUNCIL:
Vice Mayor Sabatello requested discussion later in the meeting regarding parking for the
Honda Classic. Councilmember Russo reported he had attended a meeting with Chamber of
Commerce representatives, a Gardens Mall representative and Mr. Menin, developer of
Downtown in the Gardens, to discuss relocation of Artigras to Palm Beach Gardens.
Councilmember Russo reported he had also met with residents regarding Blood Bank issues
of their fuel tank and wall. Councilmember Russo reported he would be attending a weekly
meeting to get business owners involved in the Honda Classic. Councilmember Russo
advised that a fill permit was needed to prepare for temporary parking for the Honda Classic.
Growth Management Director Charles Wu explained that a way had been found to do that in-
house and staff would report on it at the next meeting. Councilmember Russo reported the
turkey event by the Big Heart Brigade had been a great success and commended all those
who volunteered. Councilmember Clark reported the Beautification and Environmental
Committee were in the process of selecting photographs for their environmental areas
brochure. Mayor Jablin complimented Vice Mayor Sabatello and his family for their work in
the Big Heart Brigade. Councilmember Russo thanked Gardens United for coordinating the
event. Mayor Jablin reported the Blue Ribbon Committee had met and finalized their report,
and their recommendations would be heard at the January 16, 2003 City Council meeting.
Mayor Jablin reported the Hanukkah celebration had been a huge success with approximately
300 in attendance, and thanked staff for their participation. Councilmember Delgado also
acknowledged Tom Dorita for his help with the Big Heart Brigade. Councilmember Russo
reported Mr. Dorita was now recovering from knee surgery. Councilmember Delgado
recognized Frenchman's Creek and BallenIsles residents who had prepared the food for the
Hanukkah event.
COMMENTS FROM THE PUBLIC: Joan Elias, 1009 Diamond Head Way, thanked
everyone for the Hanukkah party, and especially Mayor Jablin for his participation. Mayor
Jablin reported the event had been completely funded by donations, and invited everyone to
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/05/02 2
the tree lighting ceremony next week.
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 7, 2002 Workshop City
Council Meeting.
b. Consideration of approving Minutes from the November 7, 2002 Regular City
Council Meeting.
C. Resolution 173, 2002 — Gables at Northlake Subdivision Plat. Consideration of
approving the Gables at Northlake Plat.
d. Resolution 205, 2002 — Special Event Not To Exceed 6 Months "Taste of the
Gardens" — Green Market. Consideration for approval of a special event for a City
operated Green Market type program to be known as the Taste of the Gardens, to
exceed the permitted duration time in accordance with Section 78 -187 of the City
Code.
C. Resolution 214, 2002 - Amendment #2 — Financial Agreement. Consideration of
authorizing the Mayor and City Clerk to execute Amendment #2 to a Financial
Assistance Agreement with Palm Beach County which allows the City to be
reimbursed for funding the preparation of Streetscape Plans for Northlake Boulevard
between Military Trail and U.S. Highway One.
f. Resolution 217, 2002 — Workers' Compensation Settlement Agreement.
Consideration of approving a Workers' Compensation Settlement and General
Release with Alvin Parrish.
g. Resolution 218, 2002 — Abandonment of Pine Tree Boulevard Right -Of -Way.
Consideration for approval of abandoning the Pine Tree Boulevard Road Right -Of-
Way located within Plat 4 of the City of Palm Beach Gardens, Florida, as recorded in
Plat Book 27, Pages 4 through 6, Public Records of Palm Beach County, Florida.
f. Resolution 219, 2002 — Temporary Sales Center Time Extension. Consideration for
approval of a six -month time extension or an extension until the City Council takes a
final action on the pending PCD amendment to the BallenIsles PCD, whichever
occurs first, for the BallenIsles Temporary Sales Center located on the west side of
BallenIsles Drive approximately 700 feet south of PGA Blvd., in the BallenIsles
Planned Community Development.
g. Resolution 220, 2002 — Agreement with the Trust for Public Land. Consideration of
approving an agreement with the Trust for Public Land for professional services
related to a Parks and Recreation Ballot Measure scheduled for the election to be held
in March 2003.
h. Resolution 223, 2002 — Palm Beach Gardens Medical Center Boundary Plat.
Consideration of approving the Palm Beach Gardens Medical Center Boundary Plat.
PUBLIC HEARINGS:
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.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/05/02 3
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 11/7/02 City Council meeting.)
Councilmember Clark made a motion to continue the public hearing for Ordinance 37, 2002
to December 19, 2002. Motion was seconded by Councilmember Delgado. Councilmember
Russo questioned if first reading would need to be re -done because of extensive changes, to
which Mr. Wu responded the changes had not yet been seen, that first reading could take
place again and it could also be sent back to P &Z if changes were extensive. Motion carried
by 5 -0 vote.
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 conflicts; providing for
severability; and providing for an effective date — for consideration of first reading.
Principal Planner Talal Benothman presented the request. Councilmember Russo expressed
concern for creating more government and requested Mr. Pimentel be invited to speak to
report how Northern Palm Beach County Improvement District would work with this agency.
Councilmember Delgado expressed concern regarding compliance of boardmembers of the
CDD with the Sunshine Law. Michael Sabatello and a representative of WCI spoke on
behalf of the petitioner. Councilmember Russo requested that City Engineer Len Lindahl be
consulted on this issue. Following discussion, Councilmember Clark made a motion to place
Ordinance 42, 2002 on first reading by title only. Councilmember Delgado seconded the
motion. Councilmember Russo stated he was voting in favor because $9 million could be
saved. The motion and second were withdrawn, in order to open the public hearing. 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 first reading by title
only. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote.
The City Clerk read Ordinance 42, 2002 on first reading by title only.
ANNOUNCEMENTS /PRESENTATIONS: Mayor Jablin announced that the attorneys
had arrived and that the Attorney /Client Session would now be convened, with those
attending being all members of the City Council, the City Manager, City Attorney Terry
Watterson, City Attorney Len Rubin, and George Roberts, Esquire. They Mayor announced
that the Attorney /Client Session was expected to last approximately 30 -45 minutes.
Following the Attorney /Client Session, the City Council meeting was reconvened.
RESOLUTIONS:
Resolution 213, 2002 — Old Palm Golf Club PCD SP Review /Golf Maintenance & Golf
Academy - Consideration for the approval of two site plans to allow for the development of a
golf maintenance facility, golf academy, and helistop, located within the Old Palm Golf Club
Planned Community District (PCD). Planner Natalie Wong presented the project. Steve
Owenbrink, Kimley -Horn & Associates, designer of the helistop, explained FAA
requirements and the proposed use. Henry Skokowski spoke on behalf of the applicant.
After discussion, the applicant withdrew the helistop from the request. Councilmember
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/05/02 4
Clark made a motion to approve Resolution No. 213, 2002 with deletion of condition 4 in
section 4 and any other references to the helistop and with the understanding that the helistop
is deemed deleted from this approval in any way, shape, or form that it shows up, whether in
the drawings or in the resolution. Motion was seconded by Councilmember Delgado and
carried by unanimous 5 -0 vote.
ORDINANCES:
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 first reading. City Attorney Len
Rubin presented the request. Councilmember Clark made a motion to place Ordinance 43,
2002 on first reading by title only. Councilmember Delgado seconded the motion, which
carried by unanimous 5 -0 vote. The City Clerk read Ordinance 43, 2002 on first 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
and explanatory statement; providing for advertising; providing for codification; providing
for conflicts; providing for severability; and providing for an effective date — for
consideration of first reading. City Attorney Len Rubin presented the request.
Councilmember Clark made a motion to place Ordinance 44, 2002 on first reading by title
only. Councilmember Delgado seconded the motion, which carried by 3 -2 vote, with
Councilmember Russo and Vice Mayor Sabatello opposed. The City Clerk read Ordinance
44, 2002 on first 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 first
reading. City Attorney Len Rubin presented the request. Councilmember Clark made a
motion to place Ordinance 45, 2002 on first reading by title only. Councilmember Delgado
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/05/02
seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance
45, 2002 on first 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 first reading. City
Attorney Len Rubin presented the request. Councilmember Clark made a motion to place
Ordinance 46, 2002 on first reading by title only. Councilmember Delgado seconded the
motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 46, 2002 on
first 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
codification; providing for conflicts; providing for severability; and providing for an
effective date — for consideration of first reading. City Attorney Len Rubin presented the
request. Councilmember Clark made a motion to place Ordinance 47, 2002 on first reading
by title only. Councilmember Delgado seconded the motion, which carried by unanimous 5-
0 vote. The City Clerk read Ordinance 47, 2002 on first 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 first reading. City Attorney Len Rubin presented
the request. Councilmember Clark made a motion to place Ordinance 48, 2002 on first
reading by title only. Councilmember Delgado seconded the motion, which carried by
unanimous 5 -0 vote. The City Clerk read Ordinance 48, 2002 on first reading by title only.
Councilmember Russo stated for the record his position that City districts and direct election
of the Mayor were two issues that also should be considered.
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 first reading. City Engineer Dan Clark presented the ordinance.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/05/02
Discussion ensued. The City Engineer indicated staff would like to discuss the reservation
capacity fee with the City Council. Councilmember Clerk made a motion to place Ordinance
50, 2002 on first reading by title only with the amendment to Section 2 changing the
references to site plans expiring prior to January 1, 2004 to December 31, 2004 to January 1,
2003 to December 31, 2003 and also adding additional language suggested by staff.
Councilmember Delgado seconded the motion. Vice Mayor Sabatello indicated he was in
favor of the concept but felt that a lot more work was needed to stop the free ride. Motion
carried 4 -1 with Vice Mayor Sabatello opposed.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/05/02 7
ADJOURNMENT:
There being no further business to discuss, the meeting was adjourned at approximately
10:52 p.m.
APPROVAL:
ATTEST: Q
PATRICIA SNIDER .j
CITY CLARK'
COUNCILMEMBER DELGADO