HomeMy WebLinkAboutMinutes Council 121505CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
December 15, 2005
The December 15, 2005 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 7:02 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: Vice Mayor Jablin made a motion to
approve additions to the agenda. Councilmember Levy seconded the motion, which carried
by unanimous 5 -0 vote. Therefore the following additions to the agenda were approved:
Additions: under Announcements and Presentations: recognition of the Palm Beach Gardens
high school football team for winning the State championship; under Consent Agenda: a
proclamation in honor of the football team; under City Manager's report: Katrina Focus
Group report; under Items for Council Action: Biotech Overlay Discussion.
ANNOUNCEMENTS /PRESENTATIONS:
Fire Chief Ed Arrants — In recognition of his 25`h Anniversary. - Mayor Russo read aloud a
proclamation in honor of Fire Chief Arrants, which was approved upon motion by Vice
Mayor Jablin, seconded by Councilmember Levy, and unanimously carried. The Chief was
presented with the proclamation and a 25 -year pin, and photographs were taken. Chief
Arrants made comments and expressed his thanks.
Recognition of the Palm Beach Gardens high school football team for winning the State
championship — Mayor Russo recognized the team's accomplishments and read aloud a
proclamation, which was approved upon motion by Vice Mayor Jablin, seconded by
Councilmember Levy, and unanimously carried. After the team coach had made comments
and expressed his thanks, photographs were taken. Mayor Russo requested staff research the
sign code to allow signs in honor of the football team.
Update on the status of Palm Beach Gardens High School (modernization), Mirasol
Elementary School (new construction), and Palm Beach Gardens Elementary
School (modernization) schedule - A presentation was made on behalf of the School Board
by the architect for the high school modernization, who reviewed the proposed site plan and
answered questions from Council members. The Council expressed concern with the
proposed architecture and asked for an elevation from Holly Drive. Other School Board staff
members participated in the presentation. The architect for Palm Beach Gardens Elementary
School reviewed the proposed construction schedule, existing conditions, and proposed
improvements. The architect for Mirasol Elementary School presented the proposed site plan
for the new school. Linda Hughey, Reed Drive, objected to the proposed colors and design
for the high school, which she compared to an institution or a jail, and to the proposed traffic
pattern. Tim Frohling requested consideration for parking during construction, more
meetings with parents of children who would attend the high school and nearby residents,
and ingress /egress to the parking lot from Lilac Street. Carolyn Chaplik, Hudson Bay Drive,
objected to the building color and design of the proposed high school and expressed her
opinion that it should be designed for larger capacity. John Chaplik, Hudson Bay Drive,
commented the new high school should plan for increased growth. Pat Hughey objected to
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/15/05 2
the traffic pattern for pickup and dropoff, stated she did not receive a notice for the high
school meeting, and announced she would donate a brick in the City courtyard plaza to
recognize the high school football team.
ITEMS OF RESIDENT INTEREST:
Councilmember Barnett reported she had attended the award ceremony for the Citizens
Mobile Patrol, a volunteer group who worked with the Police Department. Councilmember
Barnett wished former Councilmember Lauren Furtado a happy birthday. Councilmember
Levy reported he had attended a crime watch meeting for Plats 1 and 6; and had run in the
marathon at the Golf Course, getting last place. Councilmember Valeche reported he had
attended a meeting with Commissioner Marcus and other representatives of north county
cities regarding emergency preparedness and workforce housing, where good ideas had been
presented, including pre - positioning hurricane supplies, cross training public works
personnel to repair traffic signals, and buying a tanker truck to replenish fuel supplies.
Councilmember Valeche reported he had also attended a workforce task force meeting at
Northern Palm Beach County Chamber of Commerce. Vice Mayor Jablin reported from the
Metropolitan Planning Organization meeting that the turnpike authority had indicated the
Beeline interchange would be open in 4 -5 months; there had been a presentation on the
South Florida East Coast Corridor Analysis which was scheduled for completion in 2012 or
2019; and there had been discussion of mandating generators at gas stations and at key
intersections. The Vice Mayor wished everyone a happy holiday and announced the
Hanukkah party on December 28, and thanked the business owners who underwrote this
event each year. Mayor Russo asked that thank -you letters be sent to people who sent food
for the funeral of Shawn Thurmond and to the business owners who underwrote the
Hanukkah party. Mayor Russo described efforts that were being made to get reimbursement
from FEMA. Mayor Russo reported he had attended a Chamber of Commerce breakfast
where the president of Pratt & Whitney spoke and indicated their business was growing. The
Mayor reported staff had provided information to the county and state regarding Scripps and
the county had appeared unappreciative at their recent meeting. Mayor Russo and Vice
Mayor Jablin expressed their opinion that the City should not spend any more time on this
until the entire County Commission asked the City for their help, and the City should go
ahead with the biotech overlay. The other Councilmembers agreed.
CITY MANAGERS REPORT:
City Manager Ron Ferris recognized and thanked the employees who had examined
opportunities to help victims of Hurricane Katrina, and reported a canine unit had been taken
to Pascagoula, Mississippi. The group's first recommendation was to send seven surplus
vehicles to Jackson County, Mississippi. City Manager Ferris reported on the City's
emergency preparedness for hurricane events and expressed appreciation for the employees.
COMMENTS FROM THE PUBLIC:
Joan Elias, Diamond Head Way, reported she had been a task force member for the
municipal complex with Ed Arrants and that he had been the first to contribute money in
order to get the bond issue to build the complex. Carolyn Chaplik, Hudson Bay Drive,
commented the City staff had bent over backwards to provide information to the County and
she was upset with the County Commission over their actions regarding Scripps, and that the
City had been trashed at their meeting, and she felt the City was right in their decision of
hands off and that the City should not contribute money. Mayor Russo reported he had been
asked by the county for a contribution, with the dollar amount stated, from Palm Beach
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/15/05 3
Gardens for Scripps, but he had told them the residents would have to be asked for input, and
they would have to sell that to the council first and then the residents. The Mayor noted that
the county collected tax dollars from the whole county and Scripps would benefit the whole
county, not just Palm Beach Gardens. Harvey van Norman stated he was representing 50 -60
members of the Palm Beach Gardens golf group who played at the City's golf course and
asked for necessary repairs and replacements at the golf course. Mr. van Norman reported
some players had left because of the condition of the course. Mayor Russo indicated the City
should do their best to provide a quality product for the residents. Amir Kanel thanked Vice
Mayor Jablin for comments on the turnpike and advised he was one of the people scheduled
to attend a meeting regarding the height of the wall. Mayor Russo indicated the City would
try to help. Mr. Kanel commented on the train horn the previous night, and that something
must be done for quality of life. The Council returned $100.00 that Pat Hughey had
contributed for a brick for the high school, indicating the City would contribute that brick.
CONSENT AGENDA:
Vice Mayor Jablin made a motion to approve 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:
a. Approve Minutes from the November 17, 2005 regular City Council meeting.
b. Resolution 172, 2005 - Termination agreement with Palm Beach County
relating to the District Park Interlocal Agreement and Lease. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida authorizing the
Mayor and City Clerk to execute a Termination agreement with Palm Beach
County relating to the District Park Interlocal Agreement and Lease; and
providing an effective date.
C. Resolution 176, 2005 — Approving the FY2006 purchase of desktop
computers. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving the purchase of 65 desktop computers for use in
City- operated facilities via an existing contract with the State of Florida,
Contract No. 250- 000 -03 -1; and providing an effective date.
d. Resolution 150, 2005 — Agreement with Winchester Courts Homeowner's
Association, Inc. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving an agreement between the City of Palm Beach
Gardens and Winchester Courts Homeowner's Association, Inc. for the
installation and maintenance of mitigation improvements; and providing an
effective date.
e. Resolution 177, 2005 - Addendum I to the Memorandum of Understanding.
A Resolution of the City Council of the City of Palm Beach Gardens, Florida
authorizing the City Manager to execute Addendum I to the Memorandum of
Understanding with PGA North II of Florida LLC, RCA Center II of Florida
LLC, PGA Gateway, Ltd., and Mall Properties, Ltd. Related to the Kyoto
Gardens Drive extension; and providing an effective date.
f. Resolution 180, 2005 — Contract award to Davco Electrical Contractors
Corporation for sports lighting repairs due to Hurricane Wilma. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida approving a
contract award to Davco Electrical Contractors Corp. for various lighting
repairs necessary due to Hurricane Wilma, in an amount not to exceed
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/15/05 4
$350,000.00 via an existing contract with the School District of Palm Beach
County; authorizing the City Manager and the City Clerk to execute said
agreement; and providing an effective date.
g. Resolution 182, 2005 - Urban and Community Forestry Grant Memorandum
of Agreement. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida supporting the submission of an application(s) for grant
funding through keep Palm Beach County Beautiful, Inc. and the State of
Florida, Department of Agriculture and Consumer Services, Division of
Forestry, to replace trees that were severely damaged or destroyed during the
2004 hurricanes; authorizing the City Manager to enter into an Urban and
Community Forestry Grant Memorandum of Agreement; and providing an
effective date.
h. Proclamation — recognition of Ed Arrants for 25 years of service to the City
of Palm Beach Gardens.
i. Proclamation — recognition of Palm Beach Gardens High School Football
Team State Championship.
PUBLIC HEARINGS:
Part I — Quasi-judicial - Mayor Russo reviewed the procedures that would be followed in the
quasi-judicial cases tonight; the City Clerk swore in all those intending to offer testimony in
any of tonight's cases.
Ordinance 37, 2005 — (2nd reading and adoption) The Pointe, rezoning parcel of land
consisting of 9.18 acres, located at the Northwest corner of Military Trail and Interstate -95.
An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, rezoning a
parcel of land consisting of 9.18 acres, located at the Northwest corner of Military Trail and
Interstate 95, as more particularly described herein, from a Professional Office (PO) zoning
designation to a Planned Unit Development (PUD) overlay zoning designation with an
underlying zoning of Professional Office (PO); amending the zoning district map; and
providing an effective date. [Resolution 175 is a companion item to Ordinance 37, 2005
and will require Council action.] Resolution 175, 2005 - The Pointe, approving the master
development plan for the approximately 9.18 -acre property located at the Northwest Corner
of Military Trail and interstate -95 A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving the master development plan for the approximately 9.18 -
acre property located at the Northwest corner of Military Trail and Interstate 95, as more
particularly described herein, to allow the development of 150,000 square feet of
Professional Office space and a five -level parking garage to be referred to as "The Pointe
PUD "; providing for waivers; providing for conditions of approval; and providing an
effective date. The City Clerk read Ordinance 37, 2005 by title only on second reading, and
read Resolution 175, 2005 by title. Mayor Russo declared the public hearing open, and asked
for ex -parte communication. None was reported except by Councilmember Levy, who
reported he spoke with Eileen Tucker before the meeting. The applicant indicated there had
been no changes since the last meeting. Hearing no comments from the public, Mayor Russo
declared the public hearing closed. Vice Mayor Jablin moved approval of Ordinance 37,
2005 on second reading by title only. Councilmember Levy seconded the motion, which
carried by unanimous 5 -0 vote. Vice Mayor Jablin moved approval of Resolution 175, 2005.
Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 179 2005 - Mirasol Walk PUD — Bank of America. A Resolution of the City
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/15/05 5
Council of the City of Palm Beach Gardens, Florida approving an amendment to the Mirasol
Walk Planned Unit Development (PUD) to allow the development of a 4,500- square -foot
Bank with three drive -thru lanes and an ATM on a 1.28 -acre out parcel, as described more
particularly herein; providing for waivers; providing for conditions of approval; and
providing an effective date. The City Clerk read Resolution 179, 2005 by title. Mayor Russo
declared the public hearing open. No ex -parte communications were reported. Karen
Anderson, with Architectural Design Collaboratives, presented the project on behalf of Bank
of America. Hearing no comments from the public, Mayor Russo declared the public hearing
closed. Vice Mayor Jablin moved approval of Resolution 179, 2005. Councilmember Levy
seconded the motion, which carried by unanimous 5 -0 vote.
RESOLUTIONS:
Resolution 163, 2005 — Art in Public Places for Mirasol Town Square. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places
for Mirasol Town Square, which is within the Mirasol Planned Community Development
(PCD) located on the Northwest corner of the intersection of PGA Boulevard and the Florida
Turnpike, as more particularly described herein; providing for conditions of approval; and
providing an effective date. Lucy Keshavrez with Art and Culture Group, the art consultant
for this project, made a presentation on behalf of the applicant. Joan Elias objected to the
subject of the art, a statue of Thomas Jefferson, and suggested a statue of Mr. Macarthur.
Vice Mayor Jablin expressed his opinion that the appropriate location for a statue of Mr.
MacArthur would be under the Banyan tree. Discussion ensued regarding the subject of the
art. The applicant indicated this piece had been approved by the Art in Public Places board
and by the private developer. Vice Mayor Jablin moved approval of Resolution 163, 2005.
Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 170, 2005 — Golf Course Loan. — Authorize the issuance of the Golf Course
Improvements Note Series 2005. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida authorizing the issuance of a not -to- exceed $1,155,200 City of Palm Beach
Gardens, Florida Public Improvement Note, Series 2005, to finance the cost of certain
improvements to the City's Golf Course; awarding such note to Wachovia Bank, National
Association, by negotiated sale; fixing the denomination, maturity, interest rate, redemption
provisions, and other details with respect to such note; designating the City as the paying
agent and registrar for such note; and providing an effective date. Finance Director Allan
Owens provided a presentation. The City's Bond Counsel, Skip Miller, explained details of
early repayment. Discussion ensued regarding the type of rest rooms to be used and other
details. Carolyn Chaplik, Hudson Bay Drive, encouraged improvements on the greens, which
would generate more revenue, since people did not play there because of the current
condition of the greens. Staff reported the project would take 4 months, during which the
course would be closed. Vice Mayor Jablin moved approval of Resolution 170, 2005.
Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 184, 2005 - Declaring an emergency due to Hurricane Wilma damage and
waiving normal procurement requirements. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida declaring an emergency, waiving competitive bid
requirements, and authorizing the City Manager to contract for repairs in an amount not to
exceed $500,000.00 due to Hurricane Wilma damage; and providing an effective date. Todd
Engle, Construction Services Director, provided a presentation. Vice Mayor Jablin moved
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/15/05 6
approval of Resolution 184, 2005. Councilmember Levy seconded the motion, which carried
by unanimous 5 -0 vote.
ORDINANCES:
Ordinance 35, 2005 - Amending Ordinance 17, 2004. Appointment process for Boards and
Committees, Council Liaisons. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida relating to Boards and Committees; amending Section 2 -86, Code of
Ordinances entitled "Procedure for Appointment and Filling Vacancies; Qualifications for
Membership of Boards and Committees "; amending Section 2 -92 Code of Ordinances
entitled "Officers "; creating a new Section 2 -100, Code of Ordinances to be entitled
"Council Liaison "; providing for codification; and providing an effective date. The City
Clerk read Ordinance 35, 2005 on first reading by title only. Vice Mayor Jablin made a
motion to place Ordinance 35, 2005 on first reading by title only. Councilmember Levy
seconded the motion, which carried by unanimous 5 -0 vote.
Ordinance 36, 2005 — Amending the Fiscal Year 2004/2005 Budget. 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 36, 2005 by
title only on first reading. Finance Director Allan Owens provided a presentation. Vice
Mayor Jablin made a motion to place Ordinance 36, 2005 on first reading by title only.
Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Ordinance
39, 2005 - Amending the Fiscal Year 2005/2006 Budget. 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, 2005, and ending September 30, 2006,
inclusive; and providing an effective date. The City Clerk read Ordinance 36, 2005 by title
only on first reading. Finance Director Allan Owens provided a presentation. Vice Mayor
Jablin thanked Betty Marks, who had donated $17,000 for a bronze sculpture at Sandhill
Crane Park to commemorate her husband Vice Mayor Jablin made a motion to place
Ordinance 39, 2005 on first reading by title only. Councilmember Levy seconded the motion,
which carried by unanimous 5 -0 vote
ITEMS FOR COUNCIL ACTION/DISCUSSION:
Biotech Overlay Discussion — Councilmember Levy was concerned about restricting other
types of high -tech industry. Mayor Russo indicated no changes to residential or retail would
be made. Councilmember Levy indicated he would prefer a scientific or research overlay.
Councilmember Barnett asked the motivation for the biotech overlay, to which Mayor Russo
responded if Scripps went in at the FAU campus, this could encourage the Governor's
signature. Discussion ensued. The overlay could prevent property from reverting to
residential, any value added employer could be allowed, if this was something Scripps
needed it would be started, and it would be in writing for any business who wanted to come
to the City. Councilmember Barnett expressed her opinion that staff had already spent time
on Scripps and she saw no point to the City pursuing this at this time because she felt value
added employment had already been addressed. Staff indicated this was the next step in that
process. Vice Mayor Jablin moved to pursue a policy of overlay value added employment
which might include a biotech scientific research and development type industry.
Councilmember Levy seconded the motion. The Vice Mayor indicated this was to ask staff
to explore the possibilities of an overlay zone that would restrict land uses to value -added
employment on the properties identified. Councilmember Levy indicated he did not think
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/15/05
this would cost a lot of staff time because he felt a lot of it was already done. City Manager
Ferris noted it had been started. Vice Mayor Jablin commented an overlay was a completely
different process. Councilmember Valeche commented the properties had been identified but
the uses had not been restricted. Mayor Russo commented the Governor was looking for a
cluster to be created in available land, and if Scripps went to a certain site that land would be
available, and he thought the City should be prepared. Councilmember Barnett agreed but
asked how creating an overlay would change the land that had been identified, to which the
response was an overlay would be stronger and more enforceable. The City Manager
expressed his opinion it would not change the land uses but would identify an area that could
welcome the type of businesses the City was looking for, and it would formalize the policy,
and also could be an effective marketing device to recruit value -added employment. The
motion carried by unanimous 5 -0 vote.
ADJOURNMENT
There being no further business
APPROVAL:
ATTES
P TRICIA SNIDER, CMC
CITY CLERK
COUNC MEMBER LEVY
CO CILMEMBER VALECHE
COUNCIL MBER BARNETT
17 p.m.