HomeMy WebLinkAboutMinutes Council 081502CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
August 15, 2002
The August 15, 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 residents had requested Ordinance 31, 2002 be moved to the front
of the agenda. Councilmember Clark made a motion to move Ordinance 31, 2002 to the top
of the agenda after the Consent Agenda. Councilmember Delgado seconded the motion,
which carried by unanimous 5 -0 vote. Mayor Jablin announced that the petitioner for
Ordinance 33, 2002 and Resolution 141, 2002 had requested postponement to November 7,
2002. Councilmember Clark made a motion to postpone Ordinance 33, 2002 and Resolution
141, 2002 to November 7, 2002. Councilmember Delgado seconded the motion, which
carried by unanimous 5 -0 vote.
ANNOUNCEMENTS /PRESENTATIONS
Introduce New Police Officers to Council — Police Chief James FitzGerald introduced five
new Police Officers, and two who were unable to attend.
ITEMS & REPORTS BY MAYOR AND COUNCIL:
Councilmember Delgado announced that the League of Cities was holding its annual
conference in Boca Raton, which she would be attending. Mayor Jablin commented he
would be attending as well. Mayor Jablin announced that the whole Council had been
invited to Ruth Meade's 102nd birthday party.
CITY MANAGER REPORT:
Financial Report Third Quarter — Finance Director Allan Owens presented the quarterly
report and reported overall revenues and expenditures were higher than last year for the nine
months ended June 30, but were well within budget. The City Manager reported that grant
funding was being sought for several projects.
COMMENTS FROM THE PUBLIC:
Linda Hughey, 9120 Reed Drive, asked that a letter be sent to the School Board requesting
children not be dropped off on the west side of Military Trail and expected to cross eight
lanes of traffic to get the east side.
Pat Hu hey, 9120 Reed Drive, thanked staff who had participated in the National Night Out.
Ms. Hughey read from an informational flyer from the Character Council of Palm Beach
County regarding their first local leadership seminar and reported their articles of
incorporation had been granted.
CONSENT AGENDA:
Councilmember Clark made a motion to approve the consent agenda as presented.
Councilmember Delgado seconded the motion. Motion carried by unanimous 5 -0 vote. The
following items were approved:
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/15/02 2
a. Resolution 112, 2002 — Pavement Resurfacing and Swale Restoration. Consideration
for awarding a "Piggyback" contract for roadway improvement services to Ranger
Construction Industries, Inc.
b. Resolution 113, 2002 — Sidewalk/Driveway Construction Project. Consideration for
awarding a "Piggyback" contract for various concrete construction projects to
Dunworth Construction, Inc.
C. Resolution 131, 2002 —Frenchman's Reserve Pod B. Consideration ofproviding for
approval of a site plan application for "POD B" located within the Frenchman's
Reserve Planned Community District allowing for the development of 45 semi -
custom single - family homes, located approximately'/ mile east of the intersection of
Hood Road and Alternate AIA, as more particularly described herein.
d. Resolution 134, 2002 — Temple Beth David Art in Public Places. Consideration of
providing for the approval of the Art in Public Places proposal for Temple Beth
David, Located on the north side of Hood Road, between Military Trail and Central
Boulevard.
e. Resolution 135, 2002 — Interlocal Agreement Regarding Proposed Northlake
Boulevard Overlay Zoning District. Consideration for approving an Interlocal
Agreement with Palm Beach County, the Town of Lake Park and the Village of
North Palm Beach relating to review of projects along Northlake Boulevard and
adoption of the Northlake Boulevard Overlay Zoning District Design Guidelines.
f. Resolution 136, 2002 — Award Contract for Landscape and Mowing to Total
Maintenance Building Services, Inc. - Consideration of accepting a proposal to
provide landscaping services submitted by Total Maintenance Building Services, Inc.
and authorizing the Mayor and City Clerk to execute an agreement.
g. Resolution 140, 2002 — Settlement Agreement. Consideration for approving a
Settlement with Beth Ingold -Love and authorizing the Mayor to execute a Settlement
Agreement and General Release.
h. Resolution 143, 2002 — Utility Easement and Bill of Sale in favor of Seacoast Utility
Authority. Clerk to execute an easement in favor of Seacoast Utility Authority for the
operation and maintenance of water and sewer lines and a Bill of Sale conveying the
water system to Seacoast.
i. Resolution 144, 2002 — Vehicle Towing Service Contract. Consideration for
approving the terms and specifications of the Vehicle Towing Services Request for
Proposals, setting the maximum towing charges, and approving the award of rotating
towing contracts to five towing companies.
j. Proclamation — Recognizing the Children's Home Society for its Century of
commitment to Florida's children.
k. Proclamation — Recognizing the unwavering dedication of Mr. Aquinas "Moe"
Evans, President of the Florida State Grotto Association.
PUBLIC HEARINGS:
Ordinance 31, 2002 —An ordinance of the City Council of the City of Palm Beach Gardens,
Florida, annexing into the City an area of contiguous, compact, unincorporated real property
more particularly described herein and commonly known as "Garden Oaks, Mary Circle and
Sunset Drive;" providing for redefinition of the City's corporate boundaries; providing for
referendum election; providing for advertising; providing for conflicts; providing for
severability; and providing for an effective date — for consideration of second reading and
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/15/02 3
adoption. Senior Planner Kara Irwin presented the item and concerns of the residents. Ms.
Irwin reported meetings had been held with some residents and some were yet to be held.
Councilmember Russo requested clarification on parking trucks, and expressed concerns that
this was being acted upon without meeting with the Sunset area residents. It was reported
that the residents of Sunset were given notice of the prior meetings and many had attended,
and that all residents in the area to be annexed had been given notice of this public hearing.
Mayor Jablin declared the public hearing open, held on the intent of Ordinance 31, 2002.
Father Michael Gorgi stated he owned three properties on Sunset Drive but did not live there,
and asked if he would be able to vote. The City Attorney advised that according to State
statute, only registered voters living in the area would be able to vote. Peter Floyd, 8657 40`h
Terrace North, asked if 40`h Terrace North, which was a dirt road, would be paved and if the
residents could hook up to water and sewer. Growth Management Director Charles Wu
indicated the budgetary impact would have to be considered and those improvements would
come under a 5 -year plan. Councilmember Clark indicated if the condition of the road was
such that it needed more immediate attention it could be moved to the front of the priority
list. Vice Mayor Sabatello received clarification that improvements would be done by
neighborhoods over time and the property owners would decide which improvements they
wanted. Mary McDonald, 4282 Mary Circle, requested the cost of water and sewer to the
homeowners, and indicated she and others living on Social Security could not afford. Staff
responded it would be the homeowner's choice whether to hook up. The City Manager
explained if something went wrong with a well or sewer that was a health problem, the
Health Department would make the decision whether to force water or sewer service for
health purposes, and would decide who would pay. Average water and sewer bills for
Councilmembers were reported to be $28 -$30 monthly. Carol Estrada, Riverside Drive,
reported her average water bill with three teenagers was approximately $68 per month.
Diana Bard, 4237 Royal Oak Drive, requested emergency response times and if there would
be shared responsibility, and if the road at the south border of their subdivision would be
under county or city jurisdiction. The Fire Chief advised that initial response would come
from the new Fire Station 3 and should not be more than 1 -1/2 minutes, or if busy, the
second response would be from the station on Burns Road, which would take approximately
3 minutes. If both stations were busy the county would respond, but the city's time would be
less because they were closer. The road Ms. Bard inquired about was under county
jurisdiction. City Manager Ferris commented current Sheriff Department response time
reported by the residents of the area averaged 20 minutes; a police officer indicated the city's
response should be 4 -5 minutes. Brian Kemick, 4832 Mary Circle, reported some of his
neighbors had company vans and asked if those were considered commercial vehicles, and if
those would be grandfathered. The City Attorney explained the definition and restrictions for
commercial vehicles and that the city and county restrictions were the same, but the
difference was the county had not been enforcing their restrictions. Mr. Kemick asked when
the flooding issue behind Winn Dixie would be addressed. Staff responded the county had
indicated drainage had been corrected; however, those drainage issues would be included in
the current study, and canal bank mowing would take place on the schedule established by
the Public Works department. Hearing no further comments from the public, Mayor Jablin
declared the public hearing closed. City Engineer Dan Clark indicated cost of restoration of
the canal would range from $100,000 to $150,000. Councilmember Clark moved to place on
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/15/02 4
second reading and to approve Ordinance 31, 2002. Councilmember Delgado seconded the
motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 31, 2002 by
title only on second reading.
Ordinance 14, 2002 — Mayor Jablin announced that the applicant had requested this item be
continued. Mayor Jablin declared the public hearing open, held on the intent of Ordinance
14, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida,
amending Ordinance 18, 2001, and approving an amendment to the Mirasol Planned
Community District (PCD) (formerly known as Golf Digest) by amending a condition for
CPTED principles; adding a condition requiring a mechanism for rear yard access; and
amending the PCD Master Plan to reflect a lake reconfiguration for the Mirasol PCD, as
more particularly described herein; providing for an additional condition of approval;
providing for a waiver; providing for severability; providing for conflicts; and providing for
an effective date. Councilmember Clark made a motion to continue Ordinance 14, 2002 to
the City Council meeting on September 18, 2002. Councilmember Delgado seconded the
motion. Councilmember Russo recalled there was a policy that items could not be continued
more than two times. Motion carried by unanimous 5 -0 vote.
Ordinance 17, 2002 — An ordinance of the City Council of the City of Palm Beach Gardens,
Florida, providing for an amendment to the City Code of Ordinances by amending Chapter
78, "Land Development," Article IV, "Zoning Districts," Section 78- 159(67), "Temporary
Mobile Homes," creating a new Section 78- 159(70), "Temporary Trailers," and amending
Article VIII, Section 78 -751, "Definitions;" providing for codification; providing for
conflicts; providing for severability; and providing for an effective date — for consideration of
first reading. Planner Jackie Holloman presented the proposed amendment. Mayor Jablin
declared the public hearing open, held on the intent of Ordinance 17, 2002. Hearing no
comments from the public, Mayor Jablin declared the public hearing closed. Councilmember
Clark made a motion to place Ordinance 17, 2002 on first reading by title only.
Councilmember Delgado seconded the motion. Motion carried by unanimous 5 -0 vote. The
City Clerk read Ordinance 17, 2002 on first reading by title only.
Ordinance 7, 2002 —An ordinance of the City Council of the City of Palm Beach Gardens,
Florida, approving a text amendment to the Future Land Use Element in the City of Palm
Beach Gardens Comprehensive Plan regarding a proposed Northlake Boulevard Overlay
Zoning District; providing for codification in the Comprehensive Plan; providing for
severability; providing for conflicts; and providing for an effective date — for consideration of
second reading. Principal Planner Steve Cramer presented the proposed amendment. Mayor
Jablin declared the public hearing open, held on the intent of Ordinance 7, 2002. Hearing no
comments from the public, Mayor Jablin declared the public hearing closed. Councilmember
Clark moved to place on second reading by title only and to approve Ordinance 7, 2002.
Councilmember Delgado seconded the motion, which carved by unanimous 5 -0 vote. The
City Clerk read Ordinance 7, 2002 by title only on second reading.
Ordinance 30, 2002 — Consideration of an ordinance of the City Council of the City of Palm
Beach Gardens, Florida, amending Chapter 78, "Land Development," Article V,
"Supplemental Regulations," of the City Code of Ordinances to include a new Division 3,
" Northlake Boulevard Overlay Zoning District:" amending the official zoning map to depict
the new zoning district; providing for codification; providing for conflicts; providing for
severability; and providing for an effective date — for consideration of first reading. Principal
Planner Steve Cramer presented the proposed amendments. Mayor Jablin declared the public
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/15/02 5
hearing open, held on the intent of Ordinance 30, 2002. Hearing no comments from the
public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a
motion to place Ordinance 30, 2002 on first reading by title only. Councilmember Delgado
seconded the motion. Motion carried by unanimous 5 -0 vote. The City Clerk read Ordinance
30, 2002 on first reading by title only.
Ordinance 4, 2002 — An ordinance of the City Council of the City of Palm Beach Gardens,
Florida, providing for amendments to the Comprehensive Plan of the City of Palm Beach
Gardens based on the recommendations of the Local Planning Agency and staff; providing
for adoption; providing for transmittal; providing for codification in the Comprehensive
Plan; providing for severability; providing for conflicts; and providing for an effective date —
for consideration of second reading and approval. Principal Planner Talal Benothman
presented the proposed amendments. Mayor Jablin declared the public hearing open, held on
the intent of Ordinance 4, 2002. Hearing no comments from the public, Mayor Jablin
declared the public hearing closed. Councilmember Clark moved to place on second reading
by title only and to approve Ordinance 4, 2002. Councilmember Delgado seconded the
motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 4, 2002 by
title only on second reading.
Ordinance 33, 2001 — An ordinance of the City Council of the City of Palm Beach Gardens,
Florida, providing for an amendment to the Comprehensive Plan of the City of Palm Beach
Gardens based on the recommendations of the Local Planning Agency and staff; amending
Policy 1.1.5.8 of the Future Land Use Element to remove a date certain for non - conforming
uses; providing for transmittal to the Department of Community Affairs; providing for
codification in the Comprehensive Plan; providing for severability; providing for conflicts;
and providing for an effective date — for consideration of second reading and approval -
AND Ordinance 34, 2001 — An ordinance of the City Council of the City of Palm Beach
Gardens, Florida, providing for an amendment to the Palm Beach Gardens Code of
Ordinances by amending Chapter 78, "Land Development," Article VI, "Nonconformities,"
Sections 78 -711, 78 -714, 78 -715, 78 -716, 78 -717, 78 -718, and 78 -719; providing for the
removal of all language referencing a date certain with which nonconforming uses, lots,
structures, and premises must become conforming or be removed; providing for conflicts;
providing for severability; providing for codification; and providing for an effective date —
for consideration of second reading and approval. Principal Planner Steve Cramer presented
the information for both Ordinance 33, 2001 and Ordinance 34, 2001. Mayor Jablin declared
the public hearing open, held on the intent of Ordinance 33, 2001, and Ordinance 34, 2001.
Hearing no comments from the public, Mayor Jablin declared the public hearing closed.
Councilmember Clark moved to place on second reading by title only and to approve
Ordinance 33, 2001. Councilmember Delgado seconded the motion, which carried by
unanimous 5 -0 vote. The City Clerk read Ordinance 33, 2001 by title only on second
reading.
Councilmember Clark moved to place on second reading by title only and to approve
Ordinance 34, 2001. Councilmember Delgado seconded the motion, which carried by
unanimous 5 -0 vote. The City Clerk read Ordinance 34, 2001 by title only on second
reading.
Resolution 122, 2002 — Consideration for approving an assessment roll for an assessment
area established pursuant to Ordinance No. 27, 2000; establishing the lien associated
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/15/02 6
therewith; directing that the assessment roll be certified to the Palm Beach County Tax
Collector; providing for conflicts; providing for severability; and providing for an effective
date. Finance Director Allan Owens presented the request. Mayor Jablin declared the public
hearing open, held on the intent of Resolution 122, 2002. Hearing no comments from the
public, Mayor Jablin declared the public hearing closed. Councilmember Clark moved to
approve Resolution 122, 2002. Councilmember Delgado seconded the motion, which
carried by unanimous 5 -0 vote.
Ordinance 32, 2002 - Consideration of an ordinance of the City Council of the City of Palm
Beach Gardens, Florida, providing for approval of a rezoning from Planned Development
Area to Planned Community District Overlay with an Underlying Zoning of Residential Low
Density and Master Plan of the Old Palm Golf Club Planned Community Development with
333 Single Family Residential units, Golf Course, Clubhouse, Sales Center, Maintenance
Facilities, Golf Academy, and Three Practice Holes on approximately 651 acres generally
located at the northwest corner of PGA Blvd. and Central Blvd.; providing for waivers;
providing for conditions of approval; providing for conflicts; providing for severability; and
providing for an effective date — for consideration of first reading. Principal Planner Talal
Benothman presented the request and answered questions from the City Council.
Representative for the applicant Henry Skokowski spoke on behalf of the applicant and
requested a little more time to complete some of the work that had been required to be
completed within six months. Consensus of the City Council was for the applicant to
complete the wall and landscaping from Central Boulevard to 117' within six months. All
members of the City Council with the exception of Councilmember Russo disclosed they had
met with the applicant and discussed the project. Median irrigation and a welcome sign to
the City were requested. Golf memberships were discussed. Mayor Jablin declared the
public hearing open, held on the intent of Ordinance 32, 2002. Diana Bard, Royal Oaks
Drive, suggested developers contribute to lighting PGA Boulevard west of Military Trail.
Joan Elias, Diamond Head Way, welcomed Old Palm on behalf of PGA National,
commented they had open golf memberships, and requested Ryder Cup Boulevard not be
used for construction vehicles. Hearing no further comments from the public, Mayor Jablin
declared the public hearing closed. Councilmember Clark made a motion to place Ordinance
32, 2002 on first reading by title only. Councilmember Delgado seconded the motion. Motion
carried by unanimous 5 -0 vote. The City Clerk read Ordinance 32, 2002 on first reading by
title only.
RESOLUTIONS:
Resolution 132, 2002 — Consideration of providing for a Master Signage Program for the
San Matera Apartment Community at the Regional Center, as more particularly described
herein, and providing for an amendment to the MacArthur Center Master Signage Program
( MCMSP) approved by Resolution 64, 1998, to provide for a reduced size building I.D.
monument sign, a color change to all building I.D. monument signs, a color change to
regulatory signs along public rights -of -way, and new sign locations and roadway re-
alignments on the MCMSP Master Plan. Senior Planner Ed Tombari presented the signage
program and the staff recommendation. Dodi Glas made comments on behalf of the
petitioner. A majority of the Council agreed with the staff recommendation.
Councilmember Clark made a motion to approve Resolution 132, 2002. Councilmember
Delgado seconded the motion. It was clarified that the staff recommendation was included in
the motion. Motion carried by unanimous 5 -0 vote.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/15/02 7
ADJOURNMENT:
There being no further business to discuss, the meeting was adjourned at approximately 9:50
p.m.
APPROVAL:
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ATTEST:
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