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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. �:. TO !-I ATTEST: