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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