HomeMy WebLinkAboutMinutes Council 072105CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
July 21, 2005
The July 21, 2005 Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 6:08 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.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Russo, Vice Mayor Jablin, Councilmember Levy,
Councilmember Valeche, and Councilmember Barnett.
ADDITIONS, DELETIONS, MODIFICATIONS: Mayor Russo announced an addition
under the consent agenda of a voting delegate to attend Florida League of Cities 791h annual
conference August 18 and 20. Councilmember Levy made a motion to accept the addition to
the agenda. Vice Mayor Jablin seconded the motion. It was announced that the Vice Mayor
had been selected as the delegate. Motion carried 5 -0.
BUDGET PRESENTATION AND TENTATIVE MILLAGE RATE ADOPTION:
Budget Presentation — City Manager Ferris announced the operating and capital budget for
2005 -2006. Finance Director Allan Owens introduced Talal Benothman, who addressed
buildout of the City, projected to be in 2035. Mr. Benothman reported the current population
estimate was 56,292, as is projected to be between 87,000 and 90,000 at buildout. Finance
Director Owens reviewed funds within the proposed budget, total revenues, and
expenditures. The proposed millage rate is 5.999 %, 10.5% over the rolled back rate of
5.2289 %. Director Owens presented comparison with other cities of costs for a $200,000
home, and 5 -year projections of revenue and expenses at projected tax rates. Finance Director
Owens introduced the budget committee members who were present to answer questions.
Department heads presented an overview and synopsis of their department's personnel,
operating, capital outlay, and staffing comparison. Presentations were made by Police Chief,
Stephen Stepp, Fire Chief, Pete Bergel, Community Services Administrator, Jack Doughney,
City Clerk, Patricia Snider, Administration Department Sheryl Stewart, IT Administrator
Eric Holdt, City Attorney, Christine Tatum, Human Resources Director, Hank DuFour, and
Finance Director, Allan Owens. Mayor Russo indicated major issues needed discussion, and
requested council members meet individually with staff to become knowledgeable on the
budget before holding a separate meeting to discuss the budget items. Councilmember
Barnett requested reports that contain additional information. Consensus was for City
Council to meet Tuesday, August 16 at 6:00 p.m. to discuss the budget.
Resolution 95, 2005 - Tentative millage rate adoption. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida adopting a proposed maximum millage rate for the
City of Palm Beach Gardens for Fiscal Year 2005/2006; setting the date, time, and place of
the first Budget Hearing; and providing an effective date. Vice Mayor Jablin moved approval
of Resolution 95, 2005 setting the tentative millage rate to be adopted at the rate of 5.999 %,
which includes the operating millage rate of 5.779 %, and the debt service millage rate of
.22 %, for the total of 5.999 %. Councilmember Levy seconded the motion, which carried by
unanimous 5 -0 vote.
ITEMS OF RESIDENT INTEREST:
Councilmember Levy announced he would be attending a meeting of the Loxahatchee River
Management Coordinating Council and a meeting of the Environmental Committee for Palm
CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/21/05 2
Beach County League of Cities, and asked Council if they had any additional items for those
meetings. No additional items were requested. Vice Mayor Jablin reported on airport plans
and projects which had been discussed at the MPO meeting, and requested looking at the
MPO's growth management funding to see if any funds might be available for the city's
transportation plans. Mayor Russo reported attendance at the legislative update provided at
the Northern Palm Beaches Chamber of Commerce meeting, and announced that he had
submitted the name of Councilmember Barnett to represent the city on transportation issues.
Vice Mayor Jablin reported the pipeline issue was dead for the time being. Mayor Russo
reported Pastor Mullins of Christ Fellowship had called to express thanks for moving the
project forward. Mayor Russo requested the workshop on this project be held at a council
meeting rather than on a separate night, and Vice Mayor Jablin requested allocating two
hours for the workshop portion if the agenda would permit. Councilmember Barnett reported
the county would be doing an economic impact study of Northlake Boulevard.
CITY MANAGER REPORT:
Department Presentation: Fire Rescue — Accreditation — Fire Chief Bergel provided an
update on accreditation status, benefits, and implemented programs.
Receipt of the Gardens Isles resident petition and distribution dates — City Manager, Ron
Ferris reported the petitions that were received June 22, were delivered to City Council June
24. The City Manager provided information to dispel misconceptions discussed in a
newspaper article July 17 regarding automated waste management system. Comments by the
Mayor, Vice Mayor, and Councilmember Levy supported better communication. The City
Manager asked for respect and courtesy and to be able to do his job as spelled out by the City
Charter. The next Council- Manager meeting was set for 5 p.m. August 16.
COMMENTS FROM THE PUBLIC:
Joel Channing, PGA Boulevard, commented this city had the best staff of any city he had
ever worked in. He reported that the city's chess club, the Chestnuts, was meeting on
Saturday mornings, and requested chess players for the Gardens Mall chess tournament on
August 1. Mr. Channing reported early voting indicated he would be a director of the U.S.
Chess Federation.
Julia Byrd, Daffodil Circle, expressed her opinion that everyone should receive copies of
everything so as to be on the same page. Ms. Byrd requested the Clock property be cleaned
up. Ms. Byrd asked for budget figures and was informed those would be available on the
internet and in printed format. Ms. Byrd requested a portion of a canal be cleaned up.
Linda Hughey, Reed Drive, commented the council would not be misquoted if they would
speak into the microphone and asked that the names of speakers be displayed on the screen.
Joan Elias, Diamond Head Way, agreed with Ms. Hughey, and asked how a workshop could
be held for Christ Fellowship before all the professionals had given input, and asked that
everyone be able to exchange information before the workshop.
Alice Salee, Kelsey Park Drive, reported she had requested the City expand the number of
Council members to add two more a year ago, and reminded the council they had indicated
there would be a charter review. Mayor Russo responded that would be discussed. Ms. Salee
requested better communication with the residents.
CONSENT AGENDA: Vice Mayor Jablin moved approval of the consent agenda.
Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Therefore,
the following items were approved on the consent agenda:
CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/21/05 3
a. Approve Minutes from the June 16, 2005 regular City Council meeting.
b. Resolution 90, 2005 - Plat - Mirasol PCD — Parcel 15. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving the
Mirasol Parcel Fifteen plat; and providing an effective date.
C. Resolution 91, 2005 - Plat - Mirasol PCD — Parcel 16. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving the
Mirasol Parcel Sixteen plat; and providing an effective date.
d. Resolution 92, 2005 - Plat - Mirasol PCD — Parcel 21. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving the
Mirasol Parcel Twenty -One plat; and providing an effective date.
e. Resolution 93, 2005 - Plat - Mirasol PCD — Parcel 22. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving the
Mirasol Parcel Twenty -Two plat; and providing an effective date.
f. Third Quarter Financial Report.
g. Proclamation — National Night Out.
h. Appointment of Vice Mayor Jablin to be a voting delegate for the Florida
League of Cities 79th annual conference August 18 and 20.
PUBLIC HEARINGS:
Part I — Quasi-judicial - Mayor Russo announced the quasi-judicial procedure to be followed.
Ordinance 20, 2005 — (2nd reading and adoption) Seasons 52 Restaurant. An Ordinance of the
City Council of the City of Palm Beach Gardens, Florida, rezoning an approximately 2.93 -
acre parcel of land from Planned Unit Development (PUD) Overlay / Professional Office
(PO) to Planned Unit Development (PUD) Overlay/ General Commercial (CG -1); amending
Ordinance 11, 1995, Ordinance 37, 1997, Ordinance 19, 1998, and Ordinance 21, 2000
relating to the existing Planned Unit Development (PUD) formerly known as the Bridge
Center PUD and the Hibiscus Restaurant PUD; transferring the site plan approval and related
conditions to Resolution 88, 2005; and providing an effective date. [Resolution 88, 2005:
companion item to Ordinance 20, 2005:1 Resolution 88, 2005 - Seasons 52 Restaurant. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an
amendment to the Planned Unit Development (PUD) formerly known as the Hibiscus
Restaurant and the Bridge Center PUD located at the Northwest corner of PGA Boulevard
and Ellison Wilson Road to allow minor site plan and architectural modifications to the
existing 18,170- Square -Foot building to include an 11,850- Square -Foot restaurant with a
2,890- Square -Foot outdoor dining area with service, a 6,320- Square -Foot Art Gallery, and
wall and monument signage, as more particularly described herein; providing for waivers;
providing for conditions of approval; and providing an effective date. The City Clerk swore
in all those intending to offer testimony in tonight's hearings. Mayor Russo declared the
public hearing open. The City Clerk read Ordinance 20, 2005 by title on second reading and
Resolution 88, 2005 by title. The following ex -parte communication was reported:
Councilmember Levy reported he spoke to Penny Levy, a registered dietician, regarding
meals under 450 calories. Donaldson Hearing was present representing the petitioner, and
indicated the applicant planned to have outdoor art. Staff indicated changes discussed at the
last meeting had been incorporated. Hearing no comments from the public, Mayor Russo
declared the public hearing closed. Vice Mayor Jablin made a motion to adopt Ordinance 20,
2005 on second reading by title only. Councilmember Levy seconded the motion, which
CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/21/05 4
carried by unanimous 5 -0 vote. Vice Mayor Jablin made a motion to approve Resolution 88,
2005. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Part
II — Non - Quasi - judicial
Ordinance 3, 2005 — (2nd reading and adoption) LDR Amendment —Unified Control, Section
78 -155 (n). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
relating to Planned Community Developments (PCD) within approved Developments of
Regional Impact; amending Section 78 -46, Code of Ordinances, entitled "Application
Procedures" to clarify the necessary Unified Control Documentation and owners agreements
required for amendments to approved PCDs within approved Developments of Regional
Impact; amending Section 78 -155, Code of Ordinances, entitled "PCD — Planned Community
Development Overlay District" to clarify the aforesaid necessary Unified Control
Documentation; providing for codification; and providing an effective date. The City Clerk
read Ordinance 3, 2005 by title only on second reading. Senior Planner Michael Sanchez
clarified the changes at first reading had been incorporated. Al Malefatto was present
representing the applicant, Avatar Properties. Mayor Russo declared the public hearing open.
Councilmember Levy expressed concern that some DRI applicants might not get the required
signatures in favor of just waiting a year. The City Attorney explained that this would not be
an issue with potential new DRI's since this could be addressed in the development order.
Attorney Mathison, representing Frenchman's Creek, indicated he had no problem with this
application. Hearing no comments from the public, Mayor Russo declared the public hearing
closed. Vice Mayor Jablin made a motion to adopt Ordinance 3, 2005 on second reading by
title only with the amendment proposed by staff tonight. Councilmember Levy seconded the
motion, which carried by unanimous 5 -0 vote.
RESOLUTIONS:
Resolution 99, 2005 - Microsoft Enterprise License Agreement extension. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida approving a "Piggyback"
purchase for Microsoft Software, Maintenance, and Consulting Services by re- enrolling in
the State Enterprise Fund; authorizing the City Manager and City Clerk to execute the
necessary enrollment agreements; and providing an effective date. Staff reviewed the staff
report. Vice Mayor Jablin made a motion to approve Resolution 99, 2005. Councilmember
Levy seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 100, 2005 — Approve a Work Authorization and Notice to Proceed in the amount
of $969,000.00 to Murray Logan Construction. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida Approving a Work Authorization and Notice to Proceed to
Murray Logan Construction, Inc. Based on its existing annual Public Works Contract, for the
restoration of the Earman River, from I -95 to West of the Foot Bridge at Keating Drive, from
Military Trail to Keating Drive, and from I -95 to the C -17 Canal, City project number 2003 -
007/PUB0031 — Stormwater System Improvements, Phase IV; and providing an effective
date. David Reyes presented the staff report. Vice Mayor Jablin made a motion to approve
Resolution 100, 2005. Councilmember Levy seconded the motion, which carried by
unanimous 5 -0 vote.
Resolution 101, 2005 - Authorize expenditures for a not to exceed amount of $16,280.00
from Art Impact Fees for the creation of four (4) has relief sculptures. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida authorizing the allocation of Art
Impact Fees for expenses related to the creation of Four BAS Relief Sculptures to be located
CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/21/05 5
on the PGA Boulevard Towers from Designs and Signs, Inc.; and providing an effective date.
Angela Wong, Operations Manager, presented the project. Vice Mayor Jablin made a motion
to approve Resolution 101, 2005. Councilmember Levy seconded the motion, which carried
by unanimous 5 -0 vote.
Resolution 103, 2005 — Approve contract awards for Disaster Recovery Services. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a
contract to Ceres Environmental Services, Inc., as primary contractor and alternate contracts
with Phillips & Jordan, Inc. and Ashbritt, Inc. for Disaster Recovery Services; authorizing
the Mayor and City Clerk to execute said agreements; and providing an effective date. David
Reyes presented the project. Staff and the applicant answered questions from the City
Council. Vice Mayor Jablin made a motion to approve Resolution 103, 2005.
Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
ITEMS FOR COUNCIL ACTION /DISCUSSION:
Discuss FEMA recovery for gated areas — Finance Director Allan Owens reported the City
anticipated recovery of 30% of the estimated cost from FEMA. Councilmember Levy felt the
way FEMA looked at this matter should be changed because residents in gated communities
were taxpayers. Vice Mayor Jablin recommended the Mayor write to both congressmen to
change FEMA's policy. A resolution supporting that concept would be on the next agenda.
Carolyn Chaplik, The Isles, reported The Isles had been treated by FEMA as a gated
community, which they were not, and they were proposing a central spot for debris to be
picked up located along their public right -of -way. Vice Mayor Jablin recommended the
Council create a policy that during a disaster all gated communities shall be included in relief
efforts.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/21/05 6
ADJOURNMENT:
There being no further business to discuss, tlye meting Xs adyaurned at 10:17 p.m.
APPROVAL:
J "1
VICILIWY-ORIAPLIN
COU,W�LMbAfR LEVY
A �
C UNCILMEMBER VALECHE
COUNCILME ER BARNETT
ATTEST:
4�
PATRICIA SNIDER, CMC
CITY CLERK