HomeMy WebLinkAboutMinutes Council 110608I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 NOVEMBER 6, 2008
6 The November 6, 2008 Regular Meeting of the City Council of the City of Palm Beach
7 Gardens, Florida, was called to order at 7:02 p.m. in the Council Chambers of the Municipal
8 Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Vice
9 Mayor David Levy.
10 I. PLEDGE OF ALLEGIANCE
11 H. ROLL CALL
12 The City Clerk called the roll and the following elected officials were found to be in
13 attendance: Vice Mayor David Levy, Councilmember Joseph Russo, Councilmember Jody
14 Barnett and Councilmember Robert Premuroso. Mayor Eric Jablin was absent.
15 M. ADDMONS. DELETIONS, MODIFICATIONS
16 ADDITIONS
17 None.
18 DELETIONS
19 Resolution 95, 2008 — Decorators Unlimited. A Resolution of the city council of the city of
20 Palm Beach Gardens, Florida, amending the site and sign plan approved for Lot 2 of South
21 Park Center (a.k.a. Decorator's Unlimited); providing waivers; providing conditions of
22 approval; providing an effective date; and for other purposes. Petitioner requested
23 postponement to date certain of November 20, 2008. A copy of the letter from the Johnston
24 Group has been provided for each member of Council.
25 Postponment for Items for Council Discussion
26 a. January 1, 2009 Council Meeting.
27 b. Membership to the Historical society.
28 c. District Park — purchase, timeline and uses.
29 d. City of Palm Beach Gardens' 501h Anniversary.
30 e. Policy on Personal Relationships in the Workplace.
31 Vice Mayor Levy announced that in Mayor Jablin's absence he requested the noted items be
32 postponed until the date certain November 20, 2008 Council meeting.
33 MODIFICATIONS
34 None.
35 Motion
36 Councilmember Barnett made a motion for approval of additions and deletions.
37 Councilmember Russo seconded and asked for a brief discussion on the autism center under
38 his report. Councilmembers agreed. The motion passed unanimously, 4 -0.
39 IV. ANNOUNCEMENTS AND PRESENTATIONS
40 a. Alicia De Fago, Florida Department of Transportation (FDOT), presented the U.S. 1 and
41 PGA Boulevard/AIA drainage project. Scott Burrie, FDOT District Four Project Manager;
42 Michael Irwin, P.E., Senior Project Engineer and Greg Landgrat Project Administrator, U.S.
43 1 at S.R. AIA/PGA Boulevard Drainage Improvement Project were introduced.
44 Councilmember Russo stated his objections to the project beginning on January 5 instead of
45 May 5 because this is the busy time of year for local businesses. Ms. De Fago stated the
46 project will take ten months and will affect the busy season in one way or another. Vice
47 Mayor Levy asked if this is a conveyance or infiltration system to which the reply was it is a
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I little of both. Vice Mayor Levy inquired if there are incentives for the contractor for an early
2 finish to which the reply was no. Vice Mayor Levy reiterated Council's concern that the
3 project disrupt businesses as little as possible.
4 City Manager Ron Ferris explained the excellent communication efforts and cooperation of
5 the FDOT project members with City staff members.
6 b. Vice Mayor Levy announced the Seacoast Utility Authority Expansion, Petition CUMJ-
7 08- 06- 000014, will not be on tonight's agenda. The public hearing will be Thursday,
8 November 20, 2008.
9 V. ITEMS OF RESIDENT INTEREST AND BOARD /COIVIIVIITTEE REPORTS
10 a. Councilmember Barnett reported on the Community Aesthetics Board (CAB) meeting
11 of November 5, 2008. The CAB hopes to issue environmental awards in 2009.
12 Councilmember Barnett encouraged local business to contact Angela Wong, Operations
13 Manager, CAB Staff Liaison, regarding how they can participate. Councilmember Barnett
14 also encouraged any Councilmembers with Leaders in Energy and Environmental Design
15 (LEED) certification expertise to give an informational presentation at a CAB meeting.
16 b. Councilmember Russo reported that the children of Palm Beach Gardens Elementary
17 School had their own voting booth where he was allowed to vote. Councilmember Russo also
18 took a tour of the school and was impressed with the facility. Councilmember Russo
19 campaigned with Senator Atwater and was impressed with the number of young people and
20 minorities that came to vote. Councilmember Russo discussed the purchase of ten acres of the
21 District Park land for a state -of- the -art autism center. Councilmember Barnett stated she was
22 not prepared at this time to make a decision. Vice Mayor Levy suggested the item be placed
23 on the November 20, 2008 agenda Both Vice Mayor Levy and Councilmember Premuroso
24 stated they are open to the idea, but are not prepared to discuss it at this time. City Manager
25 Ferris stated a zoning change would be required for use by the autism center.
26 c. Councilmember Premuroso reported attending the Palm Beach Gardens Historical
27 Society meeting where Dr. Eissey was the speaker. Councilmember Premuroso commended
28 the City's new web site. Councilmembers Premuroso and Barnett attended the Gardens Lakes
29 Halloween Party.
30 d. Vice Mayor Levy attended the Nativity Lutheran Church Alzheimer's Adult Center
31 Thanksgiving dinner and noted how fortunate Palm Beach Gardens is to have the Center. Vice
32 Mayor Levy congratulated the winners of the November 4, 2008 election.
33 VL CITY MANAGER REPORT
34 None.
35 VII, COMMENTS FROM THE PUBLIC
36 Eileen Tucker, Shady Lakes, Palm Beach Gardens, asked what rules govern the Mayor's
37 absence from a City Council meeting. Interim Attorney R Max Lohman stated there are no
38 requirements for elected officials.
39 Joey Eichner, Palm Beach Gardens, announced that Kyoto Gardens Drive is now open and
40 that the Palm Beach Gardens Historical Society is active. The PGA Corridor Association will
41 hold its annual cocktail reception at 5:30 p.m. on November 19, 2008 at Riverhouse.
42 Pat Hughey, Palm Beach Square, Palm Beach Gardens, asked how a plan would be put into
43 place to hold elected officials responsible for attendance at meetings. Interim Attorney R.
44 Max Lohman stated he has never heard of such a policy and explained that typically for
45 removal of elected officials from office there is an impeachment procedure otherwise it is an
46 election. Neither the Congress, Senate or the State Legislature have attendance policies. If the
47 citizens believe they are not represented they enforce their own version of an attendance
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I policy at the next election. Interim Attorney Lohman stated he would research the issue. Ms.
2 Hughey stated that if the Mayor does not have time to attend a City Council meeting, how
3 does he have time to make preparations for the City's 50th birthday celebration.
4 Councilmember Russo suggested the attendance issue be discussed at the next Charter
5 Review.
6 VUL CONSENT AGENDA
7 a. Proclamation — Geographic Awareness Week.
8 Motion
9 Councilmember Russo made a motion for approval of the Consent Agenda. Councilmember
10 Barnett seconded. The motion passed unanimously, 4 -0.
11 IX. PUBLIC HEARINGS
12 Park I —Quasi — judicial
13 Vice Mayor Levy announced the procedures that would be followed in tonight's proceedings.
14 The City Clerk swore in all those intending to offer testimony in any of tonight's public
15 hearings. The City Clerk read Resolution 95, 2008 by title.
16 a. Resolution 95, 2008 — Decorator's Unlimited. A Resolution of the city Council of the city
17 of Palm Beach Gardens, Florida, amending the site and sign plan approved for Lot 2 of the
18 South Park Center (a.k.a. Decorator's Unlimited); providing waivers; providing conditions of
19 approval; providing an effective date; and for other purposes.
20 Vice Mayor Levy opened the public hearing and requested ex pane communications.
21 Councilmember Barnett stated she met with staff and the owner of Decorator's Unlimited.
22 Vice Mayor Levy met with staff owner Bob Martin and agent Ryan Johnston.
23 Councilmember Russo stated none. Councilmember Premuroso stated he met with staff,
24 owner Bob Martin and agent Ryan Johnston.
25 Vice Mayor Levy stated there was a request to postpone Resolution 95, 2008 to the date
26 certain of November 20, 2008.
27 Motion
28 Councilmember Russo made a motion for postponement of Resolution 95, 2008 to November
29 20, 2008. Councilmember Barnett seconded. The motion passed unanimously, 4 -0.
30 The City Clerk read Resolution 97, 2008 by title.
31 b. Resolution 97, 2008 — St. Mark's Episcopal Church. A Resolution of the City Council of
32 the City of Palm Beach Gardens, Florida approving a fourth special event application at St.
33 Mark's Episcopal Church for a family movie night to be held Friday, November 14, 2008,
34 from 6:00 p.m. until 10:00 p.m., generally located on the Northwest corner of Burns Road and
35 Gardens East Drive; providing an effective date; and for other purposes.
36 Vice Mayor Levy opened the public hearing. No ex parte communication was declared.
37 Kara Irwin, Growth Management Administrator, stated this is a minor application. This is St.
38 Mark's fourth special event for the year and they are requesting approval per the City's Code
39 requirements.
40 Councilmember Barnett stated she had no objection to this small event and asked that special
41 events be reviewed. Councilmember Russo stated this has come up before and the City
42 Council wanted the inclusion of the Chamber of Commerce. City Manager Ferris asked if
43 Council would like the involvement of the Chamber of Commerce and the PGA Corridor
44 Business Association and explained that the Chamber of Commerce now includes other
45 municipalities and has expanded from what it used to be. Vice Mayor Levy agreed with
46 having both groups. Councilmember Barnett also requested resident participation.
47 Vice Mayor Levy stated there are no public comments.
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I Vice Mayor Levy closed the public hearing.
2 Motion
3 Councilmember Russo made a motion for approval of Resolution 97, 2008. Councilmember
4 Barnett seconded. The motion passed unanimously, 4 -0.
5 The City Clerk read Resolution 100, 2008 by title.
6 c. Resolution 100. 2008 — Development Order Amendment for Gardens Pointe. A
7 Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an
8 amendment to Resolution 76, 2007 site plan for Gardens Pointe to allow the development of a
9 175 -room six (6) story hotel, a four (4) story 37,500 -square -foot office building, and a one (1)
10 story 4,000 - square -foot out parcel bank on a 6.64 -acre site located at the Northwest corner of
11 Kyoto Gardens Drive and Fairchild Gardens Avenue within the Regional Center Development
12 of Regional Impact (DRI), as more particularly described herein; providing conditions of
13 approval; providing waivers; providing an effective date; and for other purposes.
14 Vice Mayor Levy opened the public hearing. No ex parte communication was declared.
15 John Csapo, Senior Vice President, Kolter Properties and an officer for Gardens Pointe LLC,
16 requested an extension due to difficulties getting a permit to build a bridge extension across
17 Lake Victoria. The problem is now resolved.
18 Kara Irwin, Growth Management Administrator, explained conditions to be met with a
19 completion date certain of May 6, 2009.
20 Councilmember Barnett clarified the completion date of May 6, 2009.
21 Vice Mayor Levy stated there are no public comments. Vice Mayor Levy closed the public
22 hearing and brought the Resolution 100, 2008 back to the City Council.
23 Motion
24 Councilmember Russo made a motion for approval of Resolution 100, 2008. Councilmember
25 Barnett seconded. The motion passed unanimously, 4 -0.
26 Park H — Non- Ouasiyudicial
27 None.
28 X. RESOLUTIONS
29 None.
30 XL ORDINANCES
31 The City Clerk read Ordinance 28, 2008 by title.
32 a. Ordinance 28, 2008 — (1st reading) Amending the Capital Improvements Element. An
33 Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting an
34 amendment to its Comprehensive Development Plan in accordance with the mandates set
35 forth in Section 163.3177 and 163.3187, et seq., Florida Statut es. pursuant to a City - initiated
36 amendment which provides for the annual update to the five -year Capital Improvements
37 schedule within the Capital Improvements Element, including revised text necessary to update
38 tabular data in the Capital Improvements Element; providing that the text and data, as
39 amended or revised, shall be substituted for and replace the existing text or data in the Capital
40 Improvements Element; providing for transmittal to the State Land Planning Agency;
41 providing a conflicts clause, a severability clause, and authority to codify; providing an
42 effective date; and for other purposes.
43 Stephen Mayer, Senior Planner, presented the first reading of Ordinance 28, 2008. He noted
44 and explained recent changes to Florida Statute Chapter 163. Staff recommends approval of
45 Ordinance 28, 2008.
46 With no further discussion Vice Mayor Levy brought Ordinance 28, 2008 back to the City
47 Council.
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Motion
Councilmember Barnett made a motion for approval of Ordinance 28, 2008 on first reading.
Councilmember Premuroso seconded. The motion passed unanimously, 4 -0.
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION
None.
XIM CITY ATTORNEY REPORT
None.
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I XIV. ADJOURNMENT
2 There being no further business to come before the Council, Councilmember Russo made a
3 motion to adjourn. Councilmember Barnett seconded. The motion carried unanimously, 4 -0.
4 The meeting was adjourned at 8:05 p.m. The next regularly scheduled City Council meeting
5 will be held November 20, 2008.
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APPROVED:
ATTEST:
Patricia Snider, CMC
City Clerk
David Levy, Nice
Russo, Councilmember
v
Jody Barnett , uncil ember
Robert G. Premuroso, Councilmember
Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim
transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk.
All referenced attachments are on file in the Office of the City Clerk.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
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