HomeMy WebLinkAboutMinutes Council 051905CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
May 19, 2005
The May 19, 2005 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, by Mayor
Russo, and opened with the Pledge of Allegiance. Mayor Russo called for a moment of
silence in memory of resident Sam Carsillo.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Russo, Councilmember Levy, Councilmember Valeche, and
Councilmember Barnett. Vice Mayor Jablin was absent from the meeting.
ADDITIONS, DELETIONS, AND MODIFICATIONS:
Mayor Russo announced the following proposed additions: under Consent Agenda: addition
of proclamation for National Police Week; and under City Manager Report: addition of City
Engineer Report. Councilmember Valeche made a motion to accept the proposed additions
as stated by the Mayor. Councilmember Levy seconded the motion, which carried by
unanimous 4 -0 vote.
ITEMS OF RESIDENT INTEREST:
Councilmember Barnett thanked Ken Froehling and commented because of him she had had
the opportunity, along with Vice Mayor Jablin, to entertain some middle school students who
were going on a trip to Europe in the People to People program. Councilmember Levy
reported he had received an e -mail from the State of Florida that the fastest 4 -meter time this
year, which broke an Olympic record, was performed by a Palm Beach Gardens resident,
Ricardo Chambers. Councilmember Levy reported he attended a meeting with Karen Marcus
and staff to discuss the future District Park and modification of the interlocal agreement. The
City could still partner with the County to develop portions of the park. Consensus was to
hold a September public workshop to have the County make a presentation. Councilmember
Valeche reported noise level data for Winchester Courts was being developed, and
announced a Memorial Day event at the City on May 30. Councilmember Valeche reported
attendance at dedication of the Art in Public Places at the new Benjamin School location.
Councilmember Levy announced a Fun Fair at Timber Trace Elementary School the
following night, and reported the Mayor had given a great speech at his State of The City
address. Mayor Russo reported that Commissioner Marcus was concerned about a project
next to the Vavrus property which wanted rezoning, and requested staff report on this at the
next meeting. During ensuing discussion, a North County Planning Forum II was suggested
for this fall. Mayor Russo reported he had attended the External Affairs Committee meeting
at Frenchman's Creek and reported they had been working with the developer of the marina
project. Mayor Russo requested a breakfast with staff in June, as discussed at the retreat.
Councilmember Barnett indicated she could meet at 5 p.m. on a Monday or Tuesday.
CITY MANAGER REPORT:
Department Presentation — Police Department — MACOM Radio System — Multi- Agency
Communication - Major Ernie Carr reported that the radio system involving 11 cities was
anticipated to be implemented in the next 30 days. There would be complete interoperability
between the cities and the state agencies, and costs would be shared among the 11 cities.
City Manager Contract — Mayor Russo reported he had signed the City Manager's contract
and the two -year renewal was now in the contract, so that it would come back before the
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/19/05 2
City Council.
City Engineer Report — City Engineer Dan Clark reported on the county's solution to traffic
congestion at the intersection of PGA and Military Trail, which was addition of two off -ramp
lanes at I -95 to significantly improve the traffic at the intersection. This project could be an
immediate reliever and could be completed before the 2008 I -95 widening. Mr. Clark
reported that in the next 60 days Seacoast Utility could have a new well with a line that
could provide re -use water to Bent Tree Lake and to the South Hampton project.
COMMENTS FROM THE PUBLIC:
Manny Grinn, Village of North Palm Beach, reported their Village Manager's views on
annexation of Hidden Key and Lost Tree.
Donald Nailor, Royal Lakes Drive, Garden Oaks, reported the new road, Investment Drive,
which ran by their homes had been opened, and the majority of the traffic was trucks with
boom boxes which shook their windows, which he believed were exceeding the speed limit
near the school. He had contacted the county for the Sheriff's Department to patrol, and
asked the City to provide police traffic control also.
Roger Blangey, Garden Woods, discussed the new Kyoto Drive railroad crossing for benefit
of the Councilmembers that were not on the Council five years ago when this situation
started.
Vito DeFrancesco, Shady Lakes, indicated he was still not in agreement with the off -site
mitigation and concurrency for the Borland Center, and reported information received from
the City Engineer regarding the roadway. Mr. DeFrancesco commented he had provided
information on the laws that required the City to place designations, and asked the City to
follow their laws.
Lauren Furtado, Crestdale Street, reported her son participated in the People to People
program, commented the items discussed by the City Engineer were not on the agenda, and
thanked the Police Department and City for what they had done regarding sexual predators.
Ms. Furtado noted the problem regarding speeding school busses and requested the traffic
study on Briger be completed.
CONSENT AGENDA: Councilmember Levy made a motion to approve the consent agenda
as submitted. Councilmember Valeche seconded the motion, which carried by unanimous 4-
0 vote. Therefore, the following items were approved on the consent agenda:
a. Approve Minutes from the April 7, 2005 City Council meeting.
b. Approve Minutes from the April 21, 2005 City Council meeting.
C. Resolution 57, 2005 - Awarding of bid for one 2005 Fuel /Lube Service Truck. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
awarding a bid to purchase one 2005 Fuel /Lube Service Truck from Palm
Peterbilt -GMC Trucks, Inc.; authorizing the Mayor and City Clerk to execute all
documents necessary to effectuate such purchase; and providing for an effective
date.
d. Resolution 64 2005 - Frenchman's Reserve Pod C Plat. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving Frenchman's
Reserve Pod C Plat; and providing an effective date.
C. Resolution 66, 2005 — Re- appointment of Special Magistrate. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida reappointing Kevin M.
Wagner to serve as Code Enforcement Special Magistrate; authorizing the Mayor
and City Clerk to execute an agreement with Kevin M. Wagner; and providing an
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/19/05
effective date.
f. Resolution 74, 2005 - Updating the fee schedule. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida revising the Schedule of
Fees and Charges for non - resident use of Aquatic Facilities for Fiscal Year
2004/2005; and providing an effective date.
PUBLIC HEARINGS:
Part I — Quasi-judicial — Mayor Russo reviewed the quasi-judicial procedures to be followed.
The City Clerk swore in all those who intended to offer testimony in any of tonight's quasi -
judicial public hearings.
Ordinance 14, 2005 — (I" reading) Rezoning Parcel 31.02 — Southampton. An Ordinance of
the City Council of the City of Palm Beach Gardens, Florida relating to rezoning; rezoning a
parcel of land (Parcel 31.02) consisting of approximately 38.5 acres, located at the Northeast
corner of Central Boulevard and PGA Boulevard, as more particularly described herein,
from a Planned Development Area (PDA) to a Planned Unit Development (PUD) overlay
with an underlying zoning designation of Residential Medium (RM) to be known as the
"Southampton PUD "; and providing an effective date. Resolution 48, 2005 is a companion
item to Ordinance 14, 2005 and will require Council action on second reading: Resolution
48, 2005 - Approving the Southampton PUD. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving the master development plan for the approximately
38.5 -acre parcel (Parcel 31.02), to be known as the "Southampton PUD," located at the
Northeast corner of Central Boulevard and PGA Boulevard, as more particularly described
herein, to allow the construction of 245 townhouse units; providing for waivers; providing
for conditions of approval; and providing an effective date. The City Clerk read Ordinance
14, 2005 on first reading by title only. The following ex -parte communication was reported:
Councilmember Levy reported he had spoken with Leonard Degrando and Ruth Peeples and
Lisa Lewis since the last meeting. Councilmember Barnett reported she had spoken to many
residents who came up to her. Councilmember Valeche reported he had spoken to Mr.
Conners from Resource N.E. and Ms. Eslip and Ms. Peeples from Bent Tree. Mayor Russo
reported he had spoken to Ms. Peeples. Brad Wiseman, Senior Planner, provided the staff
report. Mayor Russo declared the public hearing open. Ellie Halpert, attorney for the
landowner and Town and Country Homes, highlighted the enhancements made to the
community and agreements with surrounding communities. Troy Holloway, Gentile,
Holloway, O'Mahoney & Associates, and Richard Jiles, each described the changes to the
architecture. Attorney Halpert reviewed the justification for the proposed waivers. Vito
DeFrancesco, Shady Lakes, objected to the first portion of the public hearing because the
public could not see the graphics and could not hear because Councilmembers were not
speaking into the microphones. Mr. DeFrancesco suggested turning the lakes and
repositioning buildings so that more people could have lake views and the buildings could
stop the noise that was going to bounce from one lake to another and affect Bent Tree.
Hearing no further comments from the public, Mayor Russo declared the public hearing
closed. Civil Engineer John Wheeler responded to Councilmember Levy regarding the
amount of lakes and littoral plantings, etc., to dissipate sound. Councilmember Valeche
made a motion to approve Ordinance 14, 2005 on first reading by title only. Councilmember
Levy seconded the motion. Motion carried 3 -1 with Councilmember Barnett opposed.
Ordinance 15 2005 — (2nd reading) Amendment to the Clock Tower Planned Unit
Development (PUD). An Ordinance of the City Council of the City of Palm Beach Gardens,
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/19/05
Florida amending Ordinance 25, 1985 and Ordinance 17, 1988 relating to the Clock Tower
Planned Unit Development (PUD) to transfer the site plan approval and related conditions to
Resolution 54, 2005; and providing an effective date. Resolution 54, 2005 is a companion
item to Ordinance 15, 2005 and will require Council action: Resolution 54, 2005 -
Amendment to the Clock Tower Planned Unit Development (PUD). A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving an amendment to the Clock
Tower Planned Unit Development (PUD), which is generally located at the Northwest
Intersection of Military Trail and Burns Road, as more particularly described herein, to
modify one condition of approval established in Ordinance 25, 1985, which approved the
Clock Tower PUD; and providing an effective date. The City Clerk read Ordinance 15, 2005
on first reading by title only. Planner Autumn Sorrow presented the staff report. Mayor
Russo declared the public hearing open. No ex -parte communication was reported. Hearing
no comments from the public, Mayor Russo declared the public hearing closed.
Councilmember Valeche made a motion to approve Ordinance 15, 2005 on second reading
by title only. Councilmember Levy seconded the motion, which carried by unanimous 4 -0
vote. Councilmember Levy made a motion to approve Resolution 54, 2005. Councilmember
Valeche seconded the motion, which carried by unanimous 4 -0 vote.
RESOLUTIONS:
Resolution 51, 2005 - Agreement with Wendy M. Ross for four (4) artworks on the PGA
Flyover. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
authorizing the execution of an Agreement with Wendy M. Ross for the design, fabrication,
and installation of four sculptures to be located on State Road No. 786 (PGA Boulevard);
and providing an effective date. Linda Oliver, Chairperson, Art Advisory Board, presented
the criteria used to choose the artist. Joel Strauss described the process used in the RFP. Ms.
Oliver described the qualifications of the members of the Art Advisory Board. Artist Wendy
Ross presented the design for the proposed art. The City Clerk read a memo from Vice
Mayor Jablin in support of the proposed art, and expressing his opinion that proper
engineering to withstand winds must be utilized. Councilmember Valeche made a motion to
approve Resolution 51, 2005. Councilmember Barnett seconded the motion, which carried
by unanimous 4 -0 vote.
Resolution 52, 2005 — General Obligation Refunding Bond, series 2005. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida authorizing the issuance of
$6,900,541 General Obligation Refunding Bonds, Series 2005 for the purpose of refunding
all of the City's General Obligation Bonds, Series 1996 and Series 1997, that remain
outstanding; prescribing the form, terms and details of such bonds; making certain other
covenants and agreements in connection with the issuance of such bonds; specifying the use
of the proceeds of such bonds; awarding such bonds to Bank of America by negotiated sale;
directing the levy of the Ad Valorem taxes of the City of Palm Beach Gardens to the
repayment of the bonds; designating an escrow agent and authorizing the execution and
delivery of an escrow deposit agreement between the City and the escrow agent; designating
a co- paying agent with respect to the refunded bonds; designating the bonds as a "qualified
tax - exempt obligation" within the meaning of Section 265 (b)(3) of the Internal Revenue
Code of 1986, as amended; and providing an effective date. Finance Director Allan Owens
presented the proposal. Bond Counsel Skip Miller provided bond information.
Councilmember Valeche made a motion to approve Resolution 52, 2005. Councilmember
Levy seconded the motion, which carried by unanimous 4 -0 vote.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5119105
Resolution 61, 2005 - Approval of Art in Public Places. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida approving the Art in Public Places proposal for the
Gardens Mall located within the Regional Center Development of Regional Impact
(DRI) /Planned Community Development (PCD) located on the Northeast corner of the
intersection of Alternate AIA and PGA Boulevard, as more particularly described herein;
providing for conditions of approval; and providing an effective date. Senior Planner
Michael Sanchez presented the proposed art for the new Nordstrom's store. Mayor Russo
noted that Vice Mayor Jablin had indicated his approval. Councilmember Levy moved
adoption of Resolution 61, 2005. Councilmember Barnett seconded the motion, which
carried by unanimous 4 -0 vote.
Resolution 62, 2005 -- Three year agreement with Enterprise Fleet Services. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida approving the acquisition of
eight additional unmarked police vehicles pursuant to a Master Lease Agreement between
the City of Palm Beach Gardens and Enterprise Fleet Services; and providing an effective
date.
Police Chief Stephen Stepp answered questions from the Council. Councilmember Levy
moved adoption of Resolution 62, 2005. Councilmember Valeche seconded the motion,
which carried by unanimous 4 -0 vote.
ORDINANCES:
Ordinance 17, 2005 — Lobbyist Registration and Disclosure. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida relating to lobbyist registration and
disclosure; creating a new Article VI, Chapter 2, Code of Ordinances to be entitled
"Lobbyist Registration "; providing for codification; and providing an effective date. The
City Clerk read Ordinance 17, 2005 on first reading by title only. Mayor Russo requested
before second reading that staff meet with the City lobbyists to get their input. The City
Attorney presented the ordinance. Following discussion, consensus was to establish
procedure, forms and necessary registration for lobbyists to sign up at the front desk, to see
how that would work, instead of passing an ordinance.
ITEMS FOR COUNCIL ACTION/DISCUSSION:
Update on Briger Community Planning Session and ORC (Objections, Recommendations
and Comments) Report. Growth Management Director Charles Wu presented the update, and
announced that approval of the comprehensive plan changes were scheduled for June 16. Mr.
Wu answered questions from the City Council. Councilmember Levy made a motion to
adopt staff recommendation for authorization to address the ORC report. Councilmember
Levy withdrew his motion in order to hear comments by the Vice Mayor. The City Clerk
read a memo from Vice Mayor Jablin, which favored clean light industrial development on
the Briger site to bolster long -term economic development for the City. Anna Booth, Urban
Design Studio, advised they had been retained by the property owner to help him in
coordinating and cooperating with the City to prepare a response to the ORC report.
Councilmember Levy made a motion to authorize staff to address the ORC report and spend
the sum of $15,000 to $20,000 to complete the traffic study. Councilmember Barnett
seconded the motion, which carried by unanimous 4 -0 vote.
CITY ATTORNEY REPORT:
The City Attorney reported the City had received a favorable decision from the I Ith Circuit
Court of Appeals Court in Atlanta in the Vavrus case against the City and the Mayor. City
Attorney Tatum advised that at the next meeting an amendment would be presented to
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/19/05
modify the quasi - judicial procedures so that the applicant would make their presentation
before the staff presentation. Consensus was to try the procedure to see how it would work.
Town Hall Meeting Report — Consensus was to place this item at the beginning of another
agenda in order to obtain input from the public regarding the neighborhood workshops.
Mayor Russo stated he also had the name of an attorney in Frenchman's Creek who was
interested in serving on the Charter Review Committee.
ADJOURNMENT:
There being no further business
APPROVAL:
ATTEST:
P TRICIA SNIDER, CMC
CITY CLERK
COVNCILMEMBER LEVY
COUNCILMEMBER VALECHE
COUNCILME ER BA ETT
D