HomeMy WebLinkAboutMinutes Council 110702CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
November 7, 2002
The November 7, 2002 Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 7:08 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: Vice Mayor Sabatello, Councilmember Clark, Councilmember Russo, and
Councilmember Delgado. Mayor Jablin was absent from the meeting due to illness.
ADDITIONS, DELETIONS, AND MODIFICATIONS: The City Clerk was requested to place
Termination of Watterson, Hyland contract at the end of the next agenda when a full Council would
be present. Councilmember Clark made a motion to accept the following additions, deletions, and
modifications and to reorder the agenda accordingly: ADDITION: Resolution 200, 2002 Alta Pines
Subdivision Plat. DELETION: Resolution 196, 2002. Declaring the results of the City Referendum.
MODIFICATIONS: (1) Move Police Department 3`d Quarter Report under Items for Council
Discussion. (2) Delete condition # 4 in Section 3 of Resolution 190, 2002. (3) Extend Resolution
167, 2002. BallenIsles Sales Center. (4) Continue Resolution 141, 2002 and Ordinance 33, 2002.
BallenIsles North Golf Maintenance Facility and BallenIsles PCD Amendment respectively.
Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote.
ANNOUNCEMENTS / PRESENTATIONS:
Northern Area Mutual Aid Consortium (NAMAC) - Police Department Major Robert Artola
provided background on NAMAC, described changes made since September 11, 2001, and gave an
update on plans for the future. Councilmember Russo requested that the cost benefit be equally
spread among the cities involved. Major Artola explained that the City would use specialized
equipment owned by other cities,
Chess Federation — Kathleen Stubbolo, Economic Development Manager, announced that the U. S.
Chess Federation planned to move their corporate headquarters from New Windsor, New York, by
December 2003 and were considering three locations, one of which was Palm Beach Gardens. Ms.
Stubbolo explained the economic benefits to the City and requested Council support. Joel Channing,
Channing Corporation, introduced Bob Smith, Director of U. S. Chess Federation and former
president of the Federation, who detailed benefits to the City.
ITEMS & REPORTS BY MAYOR AND COUNCIL:
Councilmember Delgado congratulated Senator Jeff Atwater on his election. Councilmember
Delgado reported the annual installation for the new Board of the League of Cities would be held in
BallenIsles and that a golf tournament would take place, and at a recent meeting a presentation had
been made regarding school boundaries. Councilmember Clark reported the Beautification and
Environmental Committee had retained a photographer to take photos of environmental areas within
the City for their brochure. Councilmember Clark reported the Intergovernmental Issues Forum had
met and had heard an update on the school construction program. Councilmember Russo reported he
had attended the Honda Classic Local Organizing Committee meeting and names of sponsors for ads
needed to be obtained. Councilmember Russo commended staff for doing a great job on putting
together events such as the recent art event. Vice Mayor Sabatello requested the City support one
lane at the turnpike toll plaza to be designated for Sunpass. Councilmember Russo commented two
lanes were being closed, which was adversely affecting traffic. Councilmember Clark indicated he
would bring this issue up at the next MPO meeting.
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CITY MANAGER REPORT:
Presentation of Traffic Performance Standards – Attorney John Corbit, Corbit and White, reported
his firm was general counsel for Palm Beach County League of Cities and monitored traffic
performance standards on behalf of the League. Attorney Corbit provided a presentation on recent
and proposed changes to the traffic performance standards ordinance.
PGA Boulevard CRALLS Study – City Engineer Dan Clark provided a presentation on the
methodology used for the new study, and requested City Council direction to request County support
to include exits and interchanges at Central Boulevard and Northlake Boulevard into the City's
numbers to relieve congestion on links west of I -95. Direction was granted by consensus.
Timeline /Schedule for RFP Legal Services - City Manager Ron Ferris provided an overview to look
at firms or individuals to provide contractual legal services. Direction was granted by consensus to
proceed immediately with the RFP. Attorney Len Rubin clarified that the firm of Watterson &
Hyland did not plan to respond to the RFP.
Grant Applications Report – Tracy Rundel, Grants Coordinator, provided a report on current
grant applications for stormwater improvements and roadway improvements.
COMMENTS FROM THE PUBLIC:
Carol Estrada, 309 Riverside Drive, reported Congress Avenue might not be extended for five years,
which would increase traffic on MacArthur Boulevard and Lighthouse Drive; that North Palm Beach
had traffic concerns; reported she had stopped an 18- wheeler from crossing the bridge on MacArthur
Boulevard; and requested help with the traffic. The City Manager reported residents had not agreed
with the proposed traffic solutions and funding was an issue, and that the Blue Ribbon Committee
would be undertaking the issue of funding for traffic calming solutions. Councilmember Clark
indicated the property at MacArthur and Northlake was under consideration to be placed on a
proposed recreation bond referendum to bring it into the City and letters had been sent to the County
to request acceleration of the extension of Congress Avenue. Councilmember Clark indicated that
North Palm Beach had concerns that Richard Road would have too much traffic when the extension
went through and that issue also needed to be solved. The City Manager advised residents to call
the Police Department in future traffic situations. Ms. Estrada commented that the traffic backed up
at the turnpike toll plaza because of the electronic gates.
Joan Elias, 1009 Diamond Head Way, thanked the City Council and staff for the wonderful party for
volunteers.
Tom DeRita, 5770 Whirlaway Road - Mr. DeRita reported that the Big Heart Brigade last year fed
13,000 families -5,000 of which were from the Palm Beach Gardens Fire Department. There were
6,500 orders for Palm Beach Gardens for this year and 20,000 total families were expected to be fed.
Mr. DeRita requested donations to help pay for the meals.
CONSENT AGENDA:
Councilmember Clark made a motion to approve the Consent Agenda with the exception of item (j)
since the election results on the annexation had not yet been certified. Councilmember Delgado
seconded the motion. Councilmember Russo asked that presentations be made for Art in Public
Places proposals in the future. Motion carried by unanimous 4 -0 Vote. The following items were
approved:
a. Consideration of approving Minutes from the October 3, 2002 regular City Council Meeting.
b. Consideration of approving Minutes from the October 17, 2002 regular City Council
Meeting.
C. Resolution 194, 2002 –St. Marks Episcopal School Art in Public Places. Consideration for
approval of the Art in Public Places proposal for St. Mark's Episcopal School Athletic
Facility.
d. Resolution 166, 2002 – Maintenance contract with Bell South for Cisco 6509 Switch.
Consideration for approving an agreement with Bell South for the maintenance of the City's
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/7/02 3
Cisco 6509 Data Communications Switch by "Piggybacking" State Contract No. 250 -000-
03-1.
e. Resolution 197, 2002 — Contract with D.S. Eakins, Inc. for Stormwater Improvements to Plat
4 aka/Gardens Woods. Consideration of awarding a "Piggyback" contract for Stormwater
Drainage Construction Services to D. S. Eakins Construction Corporation, (City Project No.
2002 -010).
f. Resolution 191, 2002 — Formal Adoption of Storm Water Plan. Consideration of adopting
the Stormwater Management Plan dated January 2002 prepared by LBFH, Inc.
g. Resolution 199, 2002 — SEIU Contract. Consideration for approval and ratification of
amendments to the agreement between the National Conference of Firemen and Oilers
(NCF &O, SEIU) and the City of Palm Beach Gardens for the fiscal year 2002 -2003.
h. Resolution 195, 2002 - Purchase of two Transport Rescue Units (Fire Rescue). Consideration
of approving the "Piggyback" purchase of two transport rescue units.
i. Resolution 198, 2002 — Approve proposal from LBF &H for Engineering Services related to
the construction of Fire Station No. 5 in Frenchman's Reserve. Consideration for accepting a
proposal with LBFH, Inc. for engineering services related to the construction of Fire /Police
Station No. 5 (City Project No. 2002 -009).
k. Resolution 200, 2002 — Alta Pines Subdivision Plat. Consideration for approving Alta Pines
Subdivision Plat.
PUBLIC HEARINGS:
Ordinance 40, 2002 — Magnolia Bay PUD Parcel 4.07A -- An ordinance of the City Council of the
City of Palm Beach Gardens, Florida, providing for the approval of an application for a rezoning of
an approximately 89.03 -acre parcel of land from Planned Development Area (PDA) to Planned Unit
Development Overlay Zoning District (PUD) with an Underlying Residential Low (RL -3) zoning, to
be known as "Magnolia Bay," by approving the construction of 99 single - family dwelling units, 88
duplex units, and associated amenities, located on the northwest corner of Military Trail and Hood
Road, as more particularly described herein; providing for waivers; providing for conditions of
approval; providing for severability; providing for conflicts; and providing for an effective date — for
consideration of second reading. Vice Mayor Sabatello declared the public hearing open, held on the
intent of Ordinance 40, 2002. Growth Management Administrator Charles Wu presented an update
of the project since the last presentation. Rick Greene, DiVosta & Company, also provided
comments. Councilmember Russo and Councilmember Clark reported they had met with the
petitioner. Councilmember Clark requested egress to both Central Boulevard and Military Trail.
The petitioner indicated an emergency egress could be installed. Linda Hughey, Reed Drive,
reported Chief Bergel had told her there was an emergency outlet on the plans; however, that was
clarified to be a canal. Ms. Hughey expressed her opinion that there should be a second
ingress /egress. Hearing no further comments from the public, Vice Mayor Sabatello declared the
public hearing closed. The City Attorney commented a condition could be added to add an
emergency exit with a Knox box. Councilmember Clark made a motion to place Ordinance 40, 2002
on second reading by title only and to approve Ordinance 40, 2002 with the additional condition read
into the record by the City Attorney. Councilmember Russo seconded the motion, which carried by
unanimous 4 -0 Vote. The City Clerk read Ordinance 40, 2002 on second reading by title only.
Ordinance 37, 2002 —Oakbrook PUD Amendment, Relocation of Retail -An ordinance of the City
Council of the City of Palm Beach Gardens, Florida, providing for approval of an amendment to the
Oakbrook Square Shopping Center Planned Unit Development (PUD) by adding a new 6,000 square -
foot retail building alongside U.S. Highway One and renovating the existing buildings, located at the
northeast corner of PGA Boulevard and Highway U.S. One, as more particularly described herein;
providing for waivers; providing for conditions of approval; providing for conflicts; providing for
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/7/02
severability; and providing for an effective date — for consideration of second reading. Planner
Jackie Holloman provided an update on the project since the last presentation. Councilmember
Clark declared the public hearing open, held on the intent of Ordinance 37, 2002. Bruce Arthur,
representative for the petitioner, reviewed the project. Patrick McPoland, North Palm Beach, stated
he lived across the street from Oakbrook Square, noted other cities were establishing a downtown
area along U.S. Highway One, suggested Palm Beach Gardens was missing an opportunity to make
this a mini City Center, and commented Oakbrook Square was only a strip shopping center.
Discussion ensued. There were no further comments from the public. Consensus of the City Council
was to allow the applicant more time to work on the plans. Councilmember Clark made a motion to
continue the public hearing for Ordinance 37, 2002 to December 5, 2002. Councilmember Delgado
seconded the motion, which carried by unanimous 4 -0 Vote.
Ordinance 28, 2002 - Residential Mixed -Use Intensity Measures and Special Definitions -An
ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an
amendment of Section 78 -157, "Mixed Use Planned Unit Development Overlay District," of Article
IV "Zoning Districts," of Chapter 78 "Land Development," of the City Code of Ordinances by
amending the requirement for minimum vertical integration of residential use within a residential
mixed -use development; providing for codification; providing for severability; providing for
conflicts; and providing for an effective date — for consideration of second reading. Growth
Management Administrator Charles Wu presented the proposed amendment. Vice Mayor Sabatello
declared the public hearing open, held on the intent of Ordinance 28, 2002. Hearing no comments
from the public, Vice Mayor Sabatello declared the public hearing closed. Councilmember Clark
made a motion to place Ordinance 28, 2002 on second reading and to approve Ordinance 28, 2002.
Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 Vote. The City
Clerk read Ordinance 28, 2002 on second reading by title only.
RESOLUTIONS:
Resolution 190, 2002 — Parcel 27.05/.06 Replace Retail with General Office Space. Consideration
for the approval of an amendment to a previously approved site plan for Parcel 27.05/.06 within the
Regional Center Development of Regional Impact to allow the replacement of a 25,000 square -foot,
one -story retail building with one 26,000 square -foot two -story office building and one 9,989 square -
foot single -story office building. Planner Jackie Ho loman presented the request. Ryan Johnston
and Kenneth Blair, Catalfumo Construction Company, spoke on behalf of the applicant. Direction to
the applicant was to work on the project and return on December 5, 2002.
Resolution 189, 2002 - Military Trail Grant. Consideration for a limited fifty /fifty matching grant for
the single family homeowners who own properties abutting the east side of Military Trail, between
Northlake Boulevard and PGA Boulevard. Growth Management Administrator Charles Wu
described the grant parameters. Councilmember Clark moved approval of Resolution 189, 2002.
Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 Vote.
ORDINANCES:
Ordinance 41, 2002 — Waste Management Franchise Agreement Amendment. An ordinance of the
City Council of the City of Palm Beach Gardens, Florida, amending Ordinance 1, 2000 by amending
the Franchise Agreement for Solid Waste, Recycling and Vegetative Collection Services with Waste
Management Inc. of Florida to provide for the proration of disposal credits for newly constructed
residential units; providing for severability; providing for conflicts; and providing for an effective
date. Jeff Sabin, Waste Management, provided an overview. Councilmember Clark made a motion
to place Ordinance 41, 2002 on first reading by title only. Councilmember Delgado seconded the
motion, which carried by unanimous 4 -0 Vote. The City Clerk read Ordinance 41, 2002 on first
reading by title only.
ITEMS FOR DISCUSSION:
Police Department 3rd Quarter Report — Police Chief FitzGerald reported an overall decrease in
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crime, described a new drug overdose program, and provided details on various types of crimes.
CITY ATTORNEY REPORT:
The City Attorney reported that the Fourth District Court of Appeals had denied Mr. Vavrus' last
appeal from code enforcement fines, estimated at $750,000; and requested an attorney - client session
to discuss pending items. The City Council agreed to allow an attorney - client session to be
scheduled.
ADJOURNMENT:
There being no further business to discuss., the meeting was adjourned at approximately 10:36 p.m.
APPROVAL:
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