HomeMy WebLinkAboutMinutes Council 040402CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
APRIL 4, 2002
The April 4, 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,
Councilmember David Clark, Councilmember Joseph R. Russo, and Councilmember
Annie Delgado.
ITEMS & REPORTS BY MAYOR AND COUNCIL:
Identify Planning & Zoning Council Member Liaison — Councilmember Sabatello
indicated he was willing to continue as liaison to the Planning & Zoning Commission.
Councilmember Delgado thanked those who had helped in her campaign.
Councilmember Russo reported that he, Mayor Jablin, and Councilmember Delgado had
attended the North County Intergovernmental meeting regarding traffic, and the county
was looking at amending the traffic performance standards ordinance. North County's
concern was to assure the amendment would make traffic better and not worse, and
Councilmember Russo requested a letter to this effect be sent to the County Commission.
Councilmember Russo reported a steering committee had been appointed at the economic
summit consisting of three business leaders to meet with Commissioner Marcus, and that
they had met to discuss affordable housing and building a commerce park.
Councilmember Clark reported the City's Environmental Consultant had addressed the
Beautification and Environmental Committee and explained preservation of wetlands and
uplands; and a brochure was planned for residents regarding preservation areas in the
city.
CITY MANAGER REPORT:
Stormwater Management Plan: City Engineer Dan Clark presented a stormwater
management plan. Discussion ensued regarding the possibility of Northern Palm Beach
County Improvement District taking responsibility for some areas. Other items discussed
were a possible a straw ballot to be held in November to determine public opinion on this
issue, and a Blue Ribbon Committee of citizens to address funding.
Sidewalk Plan — Public Works Director Hoyt Owens presented a 5 -year sidewalk plan
with 20 streets to be overlaid during FY 2002 as recommended by a pavement evaluation
company.
COMMENTS FROM THE PUBLIC:
Robert Litzenberg_er, 9570 Ohio Place, Boca Raton, reported he ran a food concession at
the Lake Park Home Depot and had been told by staff he could not operate outside the
doors of Home Depot, and requested this code item be changed to allow outside sales. A
majority of three members of the City Council expressed their positions not to change
this item in the code.
Joan Altwater, Vice President, Cypress Hollow Homeowners Association, reported a
traffic backup on Northlake Boulevard because of people attending Christ Fellowship
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/4/02
Church during the Easter weekend, which prevented members of their community from
getting out. The police report on this issue was given to Ms. Altwater. Police Chief
FitzGerald explained that a plan would be developed to address this issue before next
Easter Sunday.
Keith Paulus, 10100 Hunt Club Lane, President of Hunt Club Homeowners Association,
requested a process be put into place regarding what was allowed regarding parking and
noise at Christ Fellowship Church. Kelvin Wise, Code Enforcement Administrator,
indicated a procedure was in place with a code enforcement officer on duty during the
weekends. Citizens were directed to call code enforcement at 799 -4245 to leave
messages regarding problems during weekends; Vice Mayor Sabatello noted dispatch
personnel should be updated regarding special permits, since most residents called
dispatch. Councilmember Russo asked that a plan be worked out with the church.
William C. Ingram, PGA National, requested "no parking" signs be placed along Hunt
Club Drive.
CONSENT AGENDA:
Councilmember Clark moved approval of the consent agenda with the following item
pulled: item j — Resolution 50. Councilmember Russo seconded the motion, which
carried by unanimous vote of 5 -0. The following items were approved on the consent
agenda:
a. Consideration of approving Minutes from the March 7, 2002 Regular City
Council Meeting.
b. Consideration of approving Minutes from the March 14, 2002 Canvassing
Board Meeting.
C. Consideration of approving Minutes from the March 21, 2002 Regular
City Council Meeting.
d. Resolution 32, 2002 — P.G.A. Resort Community Golf Course Plat.
Consideration of approving P.G.A. Resort Community Golf Course Plat.
e. Resolution 33, 2002 — MacArthur Parcels. Consideration of approving
MacArthur Parcels 12.04 & 12.05, A P.U.D Plat.
f. Resolution 48, 2002 — Congress Avenue Extension. Consideration of
requesting Palm Beach County to include the design and construction of
the Congress Avenue extension, as a four -laned road, from Northlake
Boulevard northeast to Alternate AlA on the Palm Beach County 5 -year
Capital Improvement Plan (CIP), and in Exhibit A of the Palm Beach
County Five Year Road Program.
g. Resolution 51, 2002 — Summer Camp Transportation Services.
Consideration of accepting the proposal from Jupiter School Bus Service,
Inc. to provide summer camp transportation.
h. Resolution 45, 2002 — Purchase of two transport rescue units.
Consideration of approving the "Piggyback" purchase of two transport
rescue units.
i. Resolution 46, 2002 — Reappointment of Municipal Complex Art Task
Force. Consideration of reactivating the Municipal Complex Art Task
Force and extending the dissolution date for a period of one year.
j. Proclamation — "Community Development Week" recognizing the efforts
of the Community Development Program.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/4/02 3
Resolution 50, 2002 - Fire Station No. 5 at Frenchman's Reserve. Consideration of
approving a site plan for an 8,620 square foot Fire Rescue and Police Substation within
the Frenchman's Reserve Planned Community District (PCD). Councilmember Russo
expressed concern that this fire station had not been planned for two more budget years
because of not enough demand, and if it were needed there would be another severe tax
problem. Councilmember Russo commented that County Commissioner Marcus had
indicated the County might work with the City using Station 16 in the interim. Fire Chief
Bergel explained that approval now would mean the station would not open for another
year and the cost was covered in the forbearance agreement as well as $500,000 to offset
the first year of operations, and that the County would not cooperate. Councilmember
Russo stated he would not put a double digit tax increase on the residents, would not vote
for this until he knew where the dollars were, and requested a meeting with
Commissioner Marcus. Discussion ensued. Councilmember Russo moved approval of
Resolution 50, 2002. Councilmember Clark seconded the motion, which carried 5 -0.
PUBLIC HEARINGS:
Ordinance 2, 2002 — 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 3/4 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 1/10/02. Councilmember Clark made a motion to continue
Ordinance 2, 2002 to the City Council meeting of May 2, 2002. Councilmember Russo
seconded the motion, which carried by a unanimous 5 -0 vote.
Resolution 4, 2002 - Mayor Jablin declared the public hearing open, held on the intent of
Resolution 4, 2002 - 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 - continued from 1/10/02. Councilmember Clark made a motion to
continue Resolution 4, 2002 to the City Council meeting of May 2, 2002.
Councilmember Russo seconded the motion, which carried by a unanimous 5 -0 vote.
Ordinance 44, 2001 - 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 1 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
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/4/02 4
consideration of first reading continued from 1/10/02. Councilmember Clark made a
motion to continue Ordinance 44, 2002 to the City Council meeting of May 2, 2002.
Councilmember Russo seconded the motion, which carried by a unanimous 5 -0 vote.
Ordinance 12, 2002 — Mayor Jablin declared the public hearing open, held on the intent
of Ordinance 12, 2002 - An ordinance of the City Council of the City of Palm Beach
Gardens, Florida, providing for the approval to adopt the Florida Fire Prevention Code;
Repealing Article III, "Standards," of Chapter 38, "Fire Prevention and Protection," of
the City Code of Ordinances in its entirety and adopting a new Article III, "City of Palm
Beach Gardens Fire Code;" providing for codification; providing for severability;
providing for conflicts; providing for transmittal to the State Fire Marshal; and providing
for an effective date — for consideration of second reading. Hearing no comments from
the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made
a motion that Ordinance 12, 2002 be placed on second reading by title only and
approved. Councilmember Russo seconded the motion, which carried by a unanimous 5-
0 vote. The Interim City Clerk read Ordinance 12, 2002 on second reading by title only.
Ordinance 15, 2002 — Mayor Jablin declared the public hearing open, held on the intent
of Ordinance 15, 2002 - 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 the repeal of ordinances in conflict herewith; providing for severability;
and, providing for an effective date — for consideration of second reading. Staff provided
a power point presentation. Source of funds, which was from reserves of the fleet fund
already budgeted, was discussed. Councilmember Russo indicated he would like to
discuss the issues before moving the money. Budget Committee member Harry DiChico
reported that under a lease program there would be better maintenance and longer use of
the vehicles, which would equate to more savings. Discussion ensued, with staff
addressing specific questions from the City Council. Hearing no further comments from
the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made
a motion that Ordinance 15, 2002 be placed on second reading by title only and
approved. Councilmember Delgado seconded the motion, which carried by a unanimous
5 -0 vote. The Interim City Clerk read Ordinance 15, 2002 on second reading by title
only.
RESOLUTIONS:
Resolution 24, 2002 — A resolution of the City of Palm Beach Gardens approving a
Master Equipment Lease - Purchase Agreement with Ford Motor Credit Company for
twenty (20) police patrol vehicles. Councilmember Russo made a motion to approve
Resolution 24, 2002. Councilmember Clark seconded the motion, which carried by a
unanimous 5 -0 vote.
Resolution 25, 2002 — A resolution of the City of Palm Beach Gardens approving
"Piggyback" purchase of twenty vehicles, one forklift and one backhoe. Councilmember
Russo made a motion to approve Resolution 24, 2002. Councilmember Clark seconded
the motion, which carried by a unanimous 5 -0 vote.
Resolution 49, 2002 — A resolution of the City of Palm Beach Gardens approving a site
plan to allow for the development of an approximately 10,000 square -foot day care
facility, located within the Mirasol Planned Community District (PCD). Senior Planner
Ed Tombari presented the project. Steve Mickley, agent, spoke on behalf of the
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/4/02 5
petitioner. Petitioner agreed to provide additional landscaping to the property line, to
shut off outside lighting at a specified time, and to work with staff to determine the best
breakaway barriers that would allow emergency vehicle access. Councilmember Clark
made a motion to approve Resolution 49, 2002 with the additional changes read into the
record previously by Council and staff. Vice Mayor Sabatello seconded the motion,
which carried by a unanimous 5 -0 vote.
Resolution 47, 2002 — A resolution of the City of Palm Beach Gardens approving a site
plan for an approximately 14,000 square foot branch bank office with four (4) drive -
through lanes and one ATM lane, located on the corner of PGA Boulevard and Kew
Gardens Avenue, which is within the Regional Center DRI and PCD along PGA
Boulevard, and amending Resolution 64, 1998, to relocate a ground sign. Planner Kara
Irwin presented the landscape plan and the requested signage waiver for the project.
Donaldson Hearing spoke on behalf of the petitioner. Councilmember Clark made a
motion to approve Resolution 47, 2002. Vice Mayor Sabatello seconded the motion,
which carried by a unanimous 5 -0 vote.
Resolution 53, 2002 —A resolution of the City of Palm Beach Gardens awarding the bid
for the Burns Road West improvements to Hubbard Construction Company. Vice Mayor
Sabatello requested staff expedite the project and keep traffic flowing. Councilmember
Clark made a motion to approve Resolution 53, 2002. Vice Mayor Sabatello seconded
the motion, which carried by a unanimous 5 -0 vote.
ITEMS FOR DISCUSSION:
Traffic Calming olicy Workshop — Principal Planner Steve Cramer reviewed the
procedures to be followed for the proposed traffic calming policy. Staff indicated they
could address the concern that it should take more than one person to be able to trigger
the policy. Staff recommended that 80% of residents living nearby the areas where speed
humps were proposed should agree to the installation. Councilmember Clark expressed
his opinion that 66 -2/3% would be sufficient. Councilmember Clark requested that staff
think about how to define street segments or add a proviso to address what happened
when everyone must use the road. Mr. Cramer indicated the Riverside Drive segment
would meet the required threshold. It was the consensus of the City Council that a cost
threshold be established for City Council review of requested traffic calming devices.
CITY ATTORNEY REPORT:
Councilmember Russo expressed concern that he was receiving mail indicating that he
was being sued as Mayor. City Attorney Rubin provided assurance that he was closely
monitoring the case.
OTHER COMMENTS:
Councilmember Delgado announced she had been selected to be on the Board of
Directors of Florida League of Cities. Councilmember Delgado commented that in
December she had attended a Town meeting in Palm Beach where she had been able to
speak to Congressman Clay Shaw regarding drainage, and he was actively working
toward federal funding for City drainage improvements. Congressman Foley had also
been contacted and was expected to help with this matter.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/4/02 6
ADJOURNMENT:
There being no further business to discuss, upon motion by Chair Pro Tern Clark,
seconded by Councilmember Russo, carried 4 -0, the meeting was adjourned at 10:27 p.m.
APPROVAL:
J.
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