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HomeMy WebLinkAboutMinutes Council 012005CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING January 20, 2005 The January 20, 2005 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 Trait, Palm Beach Gardens, Florida, by Mayor Eric Jablin, and opened with the pledge of allegiance. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Vice Mayor Russo, Councilmember Delgado, Councilmember Levy, and Councilmember Valeche. ITEMS OF RESIDENT INTEREST: Councilmember Delgado noted an issue came up last week in regard to the sign code regarding which she had received many phone calls. Councilmember Delgado reported there appeared to be a conflict in the way the code was written and she believed it needed to be re- written. Councilmember Delgado reported she had been advised by legal counsel that the current code was unconstitutional in the way it now read; case law had been provided to the City Attorney, and she wanted this code to be cleaned up, and asked that the City Attorney look at the sign code and clean it up. City Attorney Christine Tatum advised the sign code was an extensive, very complex regulation, and it was impossible to go into a sign code and remove just one phrase without a total analysis of the sign code. City Attorney Tatum suggested, based upon her experience, that would be at least a year process because anything that was changed affected another section. Attorney Tatum indicated she needed more direction because to clean it up could mean anything from repeal the whole thing to remove one provision. Councilmember Delgado asked the attorney to look into residential versus commercial and the number of days and make sure first amendment rights were not being violated. Discussion ensued regarding political signs, exterior or interior, commercial or residential, and the number of days ahead of an election signs could be in commercial establishments visible to a right -of -way. Vice Mayor Russo advised it was 30 days because that was what the residents wanted. The City Attorney advised that in the letter she had drafted in response to the initial question, she stated that signs that were in windows that were not visible from rights -of -ways were exempt, and in response to that she had received a letter telling her that needed to be changed or there would be a lawsuit filed against the City. Consensus was to discuss this matter after the election. Councilmember Levy announced two Arbor Day celebrations the next day, one at Lake Catherine and one at Sandhill Crane Park. Vice Mayor Russo announced he had toured the new FAU /Scripps facility in Abacoa, which was an amazing facility, and expressed his excitement in having such a facility in North County. Councilmember Valeche announced the City's "Spring into Shape" 5K run and walk at Mirasol Park March 5th. Mayor Jablin reported the opening of La Posada, the second ACLF of its kind in the City, which was a beautiful wellness facility. The topping off of Downtown at the Gardens had taken place that day also. Mayor Jablin noted it was almost a year since Hank Skokowski's death and artist Mark Fuller had sculpted a replica of his steel suitcase, with a cup of coffee and half -eaten doughnut on top, and a tag with Mr. Skokowski's name, as a memorial piece, and asked the City Manager to come back with a recommendation regarding providing a temporary home for this sculpture, possibly on one of the outdoor benches, before it went to its permanent home at Legacy Place. Mayor Jablin read from correspondence from the International Institute of Municipal Clerks, advising the CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/20/05 2 award of the designation of Certified Municipal Clerk had been granted to City Clerk Patricia Snider. Mayor Jablin extended congratulations to the City Clerk. Vice Mayor Russo expressed concern with the amount of traffic on PGA Boulevard and the turnpike intersection. City Manager Ferris reported efforts the City had made to help the situation, and indicated a meeting was planned with DOT representatives to show video of the traffic problems. Police Chief Stepp and City Engineer Dan Clark reported on the situation, and discussion ensued regarding timing changes for the traffic lights. COMMENTS FROM THE PUBLIC: Carol Estrada, 309 Riverside Drive, challenged each member of the Council to make sure their comments were true and not hurtful during the election. Ms. Estrada reported 30 days for political signs to be up had been agreed to by residents. Ms. Estrada requested code restricting how houses could be painted. Timothy Frohling commented the green market was going to hold a raffle for trees and announced the opening of the new facility at Lake Catherine. An appreciation day for wives was suggested. CONSENT AGENDA: Councilmember Delgado moved approval of the consent agenda Councilmember Levy seconded the motion. Vice Mayor Russo clarified with the City Attorney there was no problem with him being a member of the board of the Honda Classic and voting on the Honda Classic. Motion carried by unanimous 5 -0 vote. The following items were therefore approved on the consent agenda: a. Approve Minutes from the December 2, 2004 regular City Council meeting. b. Approve Minutes from the December 16, 2004 regular City Council meeting. C. Resolution 5, 2005 - Honda Classic Public Safety Grant. A Resolution of the City Council of the City Of Palm Beach Gardens, Florida approving a $45,000.00 grant to Fire Department personnel to provide Security and Emergency Medical Services to implement the Public Safety Pan for the Honda Classic Golf Tournament; and providing an effective date. d. Resolution 6, 2005 - Approve an amendment to the Highway Beautification and Maintenance Memorandum of Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the execution of Amendment No.2 to the maintenance Memorandum of Agreement with the Florida Department of Transportation for PGA Boulevard and State Road AIA; and providing an effective date. e. Resolution 21, 2005 — Northern Palm Beach County Improvement District Emergency Operation Center. A Resolution of the City Council of the City of Palm Beach Gardens, Florida supporting Northern Palm Beach County Improvement District's request for state funding to build its new Emergency Operating Center to be located in Palm Beach Gardens; and providing an effective date. f. Proclamation — Arbor Day PUBLIC HEARINGS: Part I — Quasi - judicial - none Part II — Non Quasi - judicial Ordinance 36 2004 - (2 °d reading and adoption) Northlake Blvd. Properties — Annexation. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida annexing, pursuant to a petition for voluntary annexation, a parcel of real property comprising a total of CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/20/05 3 61.9 acres, more or less, located on the North side of Northlake Boulevard approximately one -half (0.5) mile west of the intersection of Northlake Boulevard and Coconut Boulevard, in Palm Beach County, Florida, which is more particularly described herein; declaring that the voluntary annexation petition bears the signature of the owner of the real property annexed hereby; amending article II of the City Charter by redefining the corporate limits; and providing an effective date. The City Clerk read Ordinance 36, 2004 on second reading by title only. Mayor Jablin declared the public hearing open. Vice Mayor Russo expressed his opinion this should be addressed when the comp plan change was presented. Planner Autumn Sorrow presented the request. Dodi Glas with Urban Design Studio spoke on behalf of the petitioner. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Delgado made a motion to approve Ordinance 36, 2004 on second reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 46, 2004 - (2nd reading and adoption ) Firefighters' Pension Plan. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the Firefighters' Pension Plan; amending Section 38 -69, Code of Ordinances, entitled "exemption from execution, non - assignability," to comply with chapter 2004 -21, laws of Florida, to provide that retirees may authorize direct third -party payments as a deduction from net benefits for specific purposes; providing for codification; and providing an effective date. The City Clerk read Ordinance 46, 2004 by title only on second reading. Finance Director Allen Owens made a presentation. Mayor Jablin declared the public hearing open. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Delgado made a motion to approve Ordinance 46, 2004 on second reading by title only. The motion was seconded, which carried by unanimous 5 -0 vote. RESOLUTIONS: Resolution 11, 2005 — Approving a Site Plan Amendment to the NorthCorp Planned Community Development (PCD). A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a Site Plan Amendment to allow for a 17,270 square foot building on Lot 2 for the 7.0 -acre site which comprises Lots 1 and 2 of the NorthCorp Planned Community Development (PCD), generally located at the Southwest corner of the intersection of Riverside Drive and NorthCorp Parkway, as more particularly described herein; providing for waivers; providing for conditions; and providing an effective date. Economic Development and Marketing Administrator Delores Key provided an introduction. Planner Autumn Sorrow presented the project. Donaldson Hearing and Elaine Beers spoke on behalf of the applicant. Consensus was to make the following change: Under Section 3 of Resolution 11, 2005 (located on page 77 of the agenda packet) Section 78 -285, Table 24, to allow for an additional logo not to exceed 24" in height, on the west elevation. A motion was made to approve Resolution 11, 2005 reflecting the changes as read into the record by staff. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 22, 2005 — A contract award for the construction of three traffic signal installations. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a contract award to Signal Group Inc. for the construction of two (2) temporary and one (1) permanent traffic signal installations, in an amount not to exceed $300,000.00 via an existing contract with the St. Lucie County Board of County Commissioners for the following locations: State Road 786 (PGA Boulevard) at Avenue of Champions /Jog Road, State Road 786 (PGA Boulevard) at Ryder Cup Boulevard, and Burns Road at Allamanda CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/20/05 4 Drive; authorizing the Mayor and the City Clerk to execute said agreement; and providing an effective date. City Engineer Dan Clark presented the staff report. Mayor Jablin announced that North American had contributed $50,000 toward installation of these temporary traffic signals. Joan Elias, 1009 Diamond Head Way, spoke for the residents of PGA National thanking the donor of the $50,000 and everyone involved in getting these traffic lights. Vice Mayor Russo made a motion to approve Resolution 22, 2005. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. ORDINANCES: Ordinance 5, 2005 — Exemptin the the City of Palm Beach Gardens from the early voting provision — presented for consideration on first reading. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida related to elections; creating a new section 26 -23 Code of Ordinances to be entitled "Early Voting Exemption "; providing for codification; and providing an effective date. The City Clerk read Ordinance 5, 2005 on first reading by title only. City Clerk Patricia Snider presented the staff report. Councilmember Delgado made a motion to approve Ordinance 5, 2005 on first reading by title only. Vice Mayor Russo seconded the motion, which carried by unanimous 5 -0 vote. COUNCIL ACTION AND DISCUSSION: Vice Mayor Russo commented a letter had been received from Vito DeFrancesco stating Borland Center had not done what they needed to do to get the buildout extension, and requested that staff provide a report on the status of any approved projects which had not done what they needed to do to get the buildout extension. Charles Wu reported there were two, and staff would provide a report on those and on the letter that had been received. CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/20/05 5 ADJOURNMENT: There being no further busin APPROVAL: ATTEST: P9TRICIA S1` -iDER, CMC CITY CLERK ER CILMEMBER VALECHE p.m.