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.