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:
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PATRICIA SNIDER, CMC
CITY CLERK
COUNCILMEMBER LEVY
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COUNCILMEMBER VALECHE
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COUNCILMEMBER BARNETT
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