HomeMy WebLinkAboutMinutes Council 080405CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
August 4, 2005
The August 4, 2005 Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 7:07 P.M. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Vice
Mayor Jablin, and opened with the Pledge of Allegiance.
ROLL CALL: The Deputy City Clerk called the roll and the following elected officials
were found to be in attendance: Vice Mayor Jablin, Councilmember Levy, Councilmember
Valeche, and Councilmember Barnett. Mayor Russo was absent from the meeting.
ADDITIONS, DELETIONS, MODIFICATIONS: Vice Mayor Jablin announced the
following additions: appointing the voting delegate for the Palm Beach County League of
Cities; and setting the regular City Council meetings for September 2005. Vice Mayor Jablin
announced there were no deletions, and one modification - -to move Ordinance 23, 2005 to
Ordinances for first reading. Councilmember Levy made a motion to accept the additions and
modification to the agenda. Councilmember Barnett seconded the motion. Motion carried 4 -0.
ANNOUNCEMENTS / PRESENTATIONS:
Florida Recreation Development Assistance Program Grant — Recreation Director, Charlotte
Presensky, described two projects the City had received grants for. City Park Phase II and
the Lilac Street Park, which were funded solely by impact fees and this grant program. Ms.
Presensky introduced Representative Domino and his aide, and also the aide to
Representative Atwater, who presented two checks of $200,000 to the City, one for each
project.
Recognition of Kevin Kern, Head Golf Professional — for receiving Class "A" PGA
Certification — Dan Reidy, Public Facilities Director, introduced Mr. Kern and recognized
his efforts in working to achieve this certification. Mr. Kern was awarded a certificate from
the City.
ITEMS OF RESIDENT INTEREST:
Councilmember Barnett reported attending National Night Out and thanked all those who
had participated. Councilmember Levy reported he had attended the Palm Beach County
League of Cities Environmental Committee meeting, which reviewed the City's options for
participation in the Intracoastal Waterway protection plan, new regulations for fire hydrants,
a program for removing exotic trees, and a legislative update. Councilmember Levy also
reported attending Loxahatchee River Coordinating Council meeting where there had been a
presentation on preferred flow rates. Councilmember Levy reported he had given a
welcoming speech to the Unico Group at their national convention, now being held at PGA
Resort. Councilmember Valeche reported the final noise study for Winchester Courts would
be presented by the City Engineer. Councilmember Valeche reported he had attended a Viet
Nam Veterans of America meeting on veterans' health care and expressed concern regarding
the amount of health care funding. Councilmember Valeche asked the City for a resolution
supporting funding at 100% of what was requested and according to the promises that were
made when those veterans joined the armed services. Vice Mayor Jablin reported a chess
event at Gardens Mall which was sponsored by the Chess Federation and which was brought
to the City by Joel Channing. The Vice Mayor reported apprehension of some graffiti artists,
and expressed his views on the subject of graffiti, asking that witnesses report these incidents
to 688 -4278, and suggested a new telephone contact number that everyone could remember.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/04/05 2
Police Chief Stepp reported the Police Department had access to a new product that would
spray away graffiti if done quickly, and stressed the importance of removing graffiti. Vice
Mayor Jablin reminded everyone that a budget workshop was scheduled for August 16, and
asked that Councilmembers meet with staff to work out problems before the meeting. Vice
Mayor Jablin reported a letter had been received from Vito DeFranc:esco accusing the City
Council of not acting fairly with police and fire in negotiations for a new contract. The Vice
Mayor explained the police were not involved since they already had a contract, and reported
that there was a lot of misinformation in the letter.
CITY MANAGER REPORT:
Department Presentation — Growth Management - g_ — Economic Development Director Delores
Key provided a 2 -year status report on economic development and marketing for the City.
Ms. Key reviewed the steps that had been taken in these programs, described the awards that
had been received by the City, and outlined goals for economic initiative. Councilmember
Valeche recommended that Ms. Key make a presentation for the Chamber of Commerce to
let them know what the City was doing. Ms. Key was complimented on doing a great job.
Meeting Dates — Consensus was that a budget meeting would not be needed on September 1,
and the budget hearings would be held September 15th and 29th' City Manager Ferris
announced the following meetings: Council and Manager workshop on August 16 at 5 p.m.
with the topic to be charter review; Council /Staff workshop on the budget on August 16 at 6
p.m., Residents' budget informational meetings on the budget on August 8 at 6:30, August
22 at 6:30, August 31 at 10:30, and September 6 at 10:30.
Noise Study Update — City Engineer Dan Clark reported the noise study for Winchester
Courts had concluded that the only place where noise abatement might need to be considered
would be at the two 4- plexes at Military Trail and Kyoto Drive. The 10 -foot wall that had
been discussed would be sufficient to mitigate that noise. The Winchester Drive residents
had been provided with the information and the City had heard nothing from them as yet.
COMMENTS FROM THE PUBLIC:
Carol Estrada, 309 Riverside Drive, made several comments, including asking the Council to
speak into the microphones; suggested former mayors and council people serve on the
charter review committee; reported no one in her neighborhood received the study on solid
waste; requested consideration that large trash cans would be hard to get to the road,
requested every City employee have drug testing instead of a select few; and asked for help
since traffic had not stopped on MacArthur Boulevard.
Joan Elias, 1009 Diamondhead Way, reported Vice Mayor Jablin and Councilmember Levy
attended the ribbon cutting for the new North Palm Beach County Courthouse, a beautiful
facility. Ms. Elias commented it was exciting that some of the visioning was going to be
done. Ms. Elias discussed a letter from Joan Altwater regarding Northlake Neighborhood
Coalition and Christ Fellowship which had an incorrect date, and advised they had not yet
had an opportunity to meet, which she recommended be done before the workshop.
CONSENT AGENDA: Councilmember Levy moved approval of the consent agenda.
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 July 7, 2005 regular City Council meeting.
b. Resolution 102, 2005 - Cielo Townhomes at the Shops of Donald Ross Plat. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the Plat of Cielo Townhomes at the Shops of Donald Ross; and
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/04/05 3
providing an effective date.
C. Resolution 104, 2005 - An agreement with the Florida Department of
Environmental Protection for grant funding in the amount of $200,000.00. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving a project agreement with the Florida Department of Environmental
Protection for the development of City Park Phase II; and providing an effective
date.
d. Resolution 105, 2005 - An agreement with the Florida Department of
Environmental Protection for grant funding in the amount of $200,000.00. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving a project agreement with the Florida Department of Environmental
Protection for the development of Lilac Park; and providing an effective date.
PUBLIC HEARINGS:
Part I — Quasi - judicial — Vice Mayor Jablin announced procedures that would be followed in
tonight's quasi-judicial hearings. The City Clerk swore in all those intending to offer
testimony in any of these cases.
Resolution 107, 2005 - Agreement between the City, PGA National DRI master developer,
and DCA. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving an essentially built -out agreement between the City of Palm Beach Gardens, PGA
National Venture, LLLP, and the Florida Department of Community Affairs for the PGA
National Development of Regional Impact; and providing an effective date. The City Clerk
read Resolution 107, 2005 by title only. Vice Mayor Jablin declared the public hearing open,
held on the intent of Resolution 107, 2005, and announced since there had been problems
with the agreement this matter would be postponed until August 18, 2005. The City Attorney
explained the reasons for the Resolution for the benefit of public in attendance who had
attended to hear this matter. Lee Kirsch, Master's Way in PGA, asked how to get a copy of
this agreement, which the City Attorney explained. Hearing no further comments from the
public, Councilmember Levy made a motion to postpone Resolution 107, 2005 to a date
certain of August 18, 2005. Councilmember Valeche seconded the motion, which carried by
unanimous 4 -0 vote.
Part 11— Non - Quasi - judicial
Resolution 108, 2005 - Approval of modifications to Resolution 129, 2004, the development
order for the commercial portion of the Legacy Place Planned Community Development. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an
amendment to Resolution 129, 2004, the development order for the commercial portion
(Parcels A, B, and C) of the Legacy Place Planned Community Development (PCD) located
on the Southeast corner of the intersection of Victoria Gardens Avenue and PGA Boulevard,
as more particularly described herein, to modify certain conditions of approval related to
landscaping; approving an amendment to Resolution 89, 2005 to specify certain times for the
installation of Art in Public Places for the commercial portion (Parcels A, B, and C) of the
Legacy Place Planned Community Development; and providing an effective date. Vice
Mayor Jablin declared the public hearing open, held on the intent of'Resolution 108, 2005.
Marty Miner, Urban Design Studio, was present on behalf of the petitioner. Hearing no
comments from the public, Vice Mayor Jablin declared the public hearing closed.
Councilmember Levy made a motion to approve Resolution 108, 2005. Councilmember
Valeche seconded the motion, which carried by unanimous 4 -0 vote.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/04/05 4
RESOLUTIONS:
Resolution 106, 2005 - Supporting the he City of Palm Beach Gardens' nomination for the 2005
Florida League of Cities' Florida City of Excellence award. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida supporting the City of Palm Beach Gardens'
nomination for the 2005 Florida League of Cities' Florida City of Excellence award;
authorizing the City Clerk to certify said nomination; and providing an effective date.
Councilmember Levy moved to adopt Resolution 106, 2005. Councilmember Valeche
seconded the motion, which carried by unanimous 4 -0 vote.
ORDINANCES:
Ordinance 23, 2005 — (I" reading) Third Quarter budget amendment. An Ordinance of the
City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach
Gardens' budget for the fiscal year beginning October 1, 2004, and ending September 30,
2005, inclusive; and providing an effective date. The City Clerk read Ordinance 23, 2005 by
title only on first reading. Finance Director Allan Owens provided a presentation and
answered questions from the Council. Councilmember Levy moved to adopt Ordinance 23,
2005 on first reading. Councilmember Valeche seconded the motion, which carried by 3 -1
vote with Councilmember Barnett opposed.
ITEMS FOR COUNCIL ACTION/DISCUSSION:
Northlake Task Force Interlocal Agreement time extension — Growth Management
Administrator, Charles Wu explained the intent was for a 5 -year extension, and the Town of
Lake Park would be approached to try to get them back into this process. A resolution would
be presented at the next meeting.
Interlocal agreement for the operations of the G -160 structure on the C -18 canal — City
Engineer Dan Clark explained the agreement. Councilmember Levy moved to adopt
Resolution 81, 2005. Councilmember Valeche seconded the motion, which carried by
unanimous 4 -0 vote.
Appointment of Palm Beach County League of Cities voting representative -
Councilmember Levy made a motion to make Councilmember Valeche the official voting
delegate. Councilmember Barnett seconded the motion, which carried by unanimous 4 -0
vote.
Councilmember Levy requested a presentation from staff on the $5 million loan. Vice Mayor
Jablin responded that would be discussed at the August 16 meeting.
CITY ATTORNEY REPORT:
City Attorney Tatum announced that a workshop would be held on the Christ Fellowship
project and she had drafted a set of proposed rules for a workshop on a quasi-judicial matter
to provide safeguards. Discussion ensued regarding public testimony and what would be
discussed. Consensus was to use the rules.
City Attorney Tatum requested guidance from City Council regarding the neighborhood
meeting ordinance, for which the PZA board had unanimously recommended denial and had
requested it be re- drafted for these meetings to be workshops in fi-ont of the PZA board.
Council agreed that staff should be involved in these meetings. The ordinance was to be re-
drafted and then presented to PZA.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/04/05
ADJOURNMENT:
There being no further business
APPROVAL:
ATTEST:
PATRICIA SNIDER, CM
CITY CLERK
COUNCILMEMB R BARNETT
3 P.M.