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HomeMy WebLinkAboutMinutes Council 010506CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING January 5, 2006 The January 5, 2006 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:05 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. ITEMS OF RESIDENT INTEREST: Councilmember Barnett indicated she was looking forward to the New Year. Councilmember Levy wished everyone happy new year. Councilmember Valeche commented this was the beginning of the budget process for 2007, and recommended giving more guidance to the staff and manager at the beginning of the process. Councilmember Valeche distributed a draft resolution to that effect. Councilmember Valeche read the draft resolution into the record and asked that his fellow Councilmembers consider it and then provide input. The Resolution stated that he wanted to keep operational expenses same in 2007 as 2006, therefore some items would have to be cut back. Discussion ensued. Reaction from other Councilmembers was that they considered this a worthwhile goal but expressed concern that the city is still growing and that growth must be serviced; no one wanted to decrease levels of service. The City Manager indicated everyone was in favor of containing costs, and recommended following the Charter, which called for an annual retreat workshop to discuss issues, priorities, and goals, so that budget goals would be formulated as a team. Councilmember Valeche suggested review of the vision document at a workshop; and expressed his opinion that it was not improper to bring this up without consulting the City Manager, as had been suggested by the Vice Mayor. The Vice Mayor indicated it was scary to him to back into the numbers and he wanted everyone to respect all those involved, and he was in favor of starting early. The City Manager indicated he would confer with the Finance Director regarding numbers and would communicate with Council the following week as to when a meeting could take place. Mayor Russo reported he had attended the baseball youth camp, which was a great event. The Mayor recommended sending a letter to Zack Miner thanking him for doing this for the community. Vice Mayor Jablin expressed thanks to staff for their work on the Hanukkah party. Mayor Russo indicated he would attend a meeting of North County Cities to be hosted the next day by Commissioner Marcus regarding Scripps, and would report back. Mayor Russo reported he, Commissioner Marcus, and the City Manager and staff would meet with the School Board on Monday to discuss the plan for the new high school. Councilmember Barnett requested discussion of the appropriateness of the size of the land available, but indicated she did not want to give up any of the parks in the center of the City. Mayor Russo announced he had requested staff to hold meetings at all the newer communities to discuss their issues before the Town Hall meeting, and the meeting for Mirasol was set for February 6. A new reporter from Hometown News was welcomed. CITY MANAGER REPORT: Seacoast Utility Authority Rate Proposal and modifications to the Hood Road and Richard Road Water Treatment Plants - Howard Osterman presented the rate proposal for Seacoast Utility Authority, which would refurbish the existing plant, comply with regulations, and CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/5/06 provide the highest quality water for their customers. David Xavier, LBF &H, provided a Power Point P2resentation of the history of the utility, and the engineering report which recommended changing the process from lime softening to reverse osmosis. The proposed increase would be $4 or $9 to the average water user, depending on the amount of improvements. Rim Bishop, Executive Director, Seacoast Utility Authority, provided the number of gallons currently pumped. Councilmember Levy commented there were also health risks to consider. Mayor Russo thanked the Seacoast Utility Authority representatives for their presentation. COMMENTS FROM THE PUBLIC: Vito DeFrancesco, Shady Lakes, commented there had been no public hearing notice for the quasi-judicial hearings on tonight's agenda in the paper since they were resolutions, and the public did not know what the Midtown PUD was, and he felt they had not had sufficient notice, and asked that the Midtown item be pulled from tonight's agenda. The City Attorney responded the code did not require individual notice for art in public places; therefore, notice was only posted in the building and on the website. Consensus of Council was in the future when there was a name change to state formerly known as, or part of. James Carlberg, Johnson Dairy Road, Union Square, requested that code enforcement re- audit the number of handicap parking spaces at Union Square for compliance. The City Attorney responded that she, Kelvin Wise, and Michael Sanchez would meet with Mr. Carlberg on this matter. CONSENT AGENDA: Vice Mayor Jablin moved approval of the consent agenda. Motion was seconded by Councilmember Levy and unanimously approved. Therefore, the following items were approved on the consent agenda: a. Approve Minutes from the December 1, 2005 regular City Council meeting. b. Resolution 3, 2006 - Traffic Enforcement Agreement with The Isles Homeowners Association, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement for Traffic Control Jurisdiction between the City of Palm Beach Gardens and the Isles Homeowners Association, Inc.; and providing an effective date. C. Resolution 8, 2006 — Approve amendment number one to an agreement with Wendy M. Ross. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the final cost quote of $295,937, and authorizing the execution of an amendment the agreement with Wendy Ross for the design, fabrication, and installation of sculptures for the PGA Boulevard Flyover Towers; and providing an effective date. PUBLIC HEARINGS: Part I — Quasi-judicial - Mayor Russo announced the procedures to be followed in tonight's quasi - judicial proceedings. The City Clerk swore in all those intending to speak in any of tonight's quasi-judicial hearings. Resolution 1, 2006 — South Florida Blood Bank Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the South Florida Blood Bank Plat; and providing an effective date. The City Clerk read Resolution 1, 2006 by title only. 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. Vice Mayor Jablin moved approval of Resolution 1, 2006. Councilmember Levy seconded the motion, CITY OF PALM BEACH GARDENS REGULAR MEETING, 1!5!06 3 which carried by unanimous 5 -0 vote. Resolution 2, 2006 - Approving the Mirasol PCD Parcel Ten Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Mirasol Parcel Ten Plat; and providing an effective date. The City Clerk read Resolution 2, 2006 by title only. 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. Vice Mayor Jablin moved approval of Resolution 2, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 6, 2006 — Approving the Art in Public Places for the Midtown Planned Unit Development (PUD). A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places for the Midtown Planned Unit Development (PUD), which is located along the North side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as more particularly described herein; providing for conditions of approval; and providing an effective date. The City Clerk read Resolution 6, 2006 by title only. Mayor Russo declared the public hearing open. Councilmember Levy reported he had spoken by phone to Lucy Keshavarz and the conversation had been regarding safety issues, the footing, and how the structure would be put together. The Vice Mayor reported ex -parte communication with Lucy Keshavarz and the Artist. It was clarified that the name had been changed from The Borland Center to Midtown for the commercial component around the time they sought a permit, and The Borland Center still existed for the enrichment part of the church. Staff agreed that in the future, anytime Midtown was mentioned there would be an accompanying statement, formerly known as The Borland Center. Lucy Keshavarz, Art and Culture Center Group, presented the project on behalf of the applicant. Terry Thomas, the artist, described the sculpture and presented the model. Mayor Russo declared the public hearing open. Vito DeFrancesco, Shady Lakes, expressed his opinion that nobody knew what this project was and yet a public hearing was being held, and there was no outdoor eating approved for the site and all the money was being spent for a backdrop for a restaurant which was not art in public places, and it would be only 15 feet from the road. It was clarified by the applicant that the sculpture was to be a lot more than 15 feet off the roadway. To be sure there was proper notice and everyone knew what the project was, that it was the Borland Center, consensus was to postpone this item and on the next agenda to state the current name and that it was formerly known as The Borland Center, and requests were made by council members that the information be provided how far the closest part of the sculpture was from the road and its angle. Vice Mayor Jablin made a motion to continue the public hearing for Resolution 6, 2006 to a date certain of January 19, 2006. Motion was seconded by Councilmember Levy and unanimously carried by 5 -0 vote. Resolution 7, 2006 - Approving the Art in Public Places for the Donald Ross Village Planned Unit Development (PUD). A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places for the Donald Ross Village Planned Unit Development (PUD), which is located along the South side of Donald Ross Road between Military Trail and Central Boulevard, as more particularly described herein; providing for conditions of approval; and providing an effective date. Mayor Russo declared the public hearing open. Vice Mayor Jablin reported ex -parte communication that he had spoken with Marty Minor. Marty Minor, Urban Design Studio, presented the project on behalf of the applicant. Discussion ensued regarding the pieces being made by craftsmen rather than artists and being mass produced. Joan Elias, 1009 Diamond Head Way, CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/5/06 commented in favor of the proposed art as appropriate for the location and expressed her opinion it carried the message the City was for families. Carolyn Chaplik, Hudson Bay Drive, commented she loved the proposed art. Mr. Wu reported the art committee had struggled with this and their vote had been 4 -3. Vice Mayor Jablin made a motion to approve Resolution 7, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Part II — Non-Quasi-judicial Ordinance 36, 2005 — (2nd reading and adoption) 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 on second reading by title only. Mayor Russo declared the public hearing open. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin made a motion to approve Ordinance 36, 2006 on second reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 39, 2005 - (2nd reading and adoption) 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 39, 2005 on second reading by title only. Mayor Russo declared the public hearing open. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin made a motion to approve Ordinance 39, 2006 on second reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. ORDINANCES FOR CONSIDERATION OF FIRST READING: Ordinance 1, 2006 - Expedited development review program for Economic Development Projects. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to an expedited development review program for Economic Development Projects; creating a new Section 78 -57, Code of Ordinances, to be entitled "Targeted Expedited Permitting Program "; providing for codification; and providing an effective date. The City Clerk read Ordinance 1, 2006 on first reading by title only. Vice Mayor Jablin made a motion to place Ordinance 1, 2006 on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 2, 2006 - Approval of a seven -year franchise agreement to Waste Management, Inc. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida granting an exclusive Solid Waste, Recycling, and Vegetative Waste Collection Services Franchise to Waste Management, Inc.; authorizing the Mayor and City Clerk to execute the franchise agreement with Waste Management, Inc.; and providing an effective date. The City Clerk read Ordinance 2, 2006 on first reading by title only. Mike Morrow presented the proposed ordinance. Vice Mayor Jablin made a motion to place Ordinance 2, 2006 on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. ITEMS FOR COUNCIL ACTION/DISCUSSION: CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/5/06 Mayor Russo reported receipt of a letter asking for a memorial at the Recreation Center for members of the Johansen family killed in the recent Chalk's plane crash. Staff reported the son had helped with the PBGYAA web site, and the father had been involved in the early inception of coaching in the community. Staff was directed to bring back options. ADJOURNMENT There being no further business APPROVAL: ATTEST: /!�2� PATRICIA SNIDER, CMC CITY CLERK COUNCILMEMBER LEVY -,� MV / , I�A ; I . d, , � / COUNCILMEMBER VALECHE r. COUNCILMEMBER BARNETT ) P.M.