Loading...
HomeMy WebLinkAboutMinutes Council 011906CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING January 19, 2006 The January 19, 2006 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:06 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor for a Day Samantha Hagar, 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. Mayor for a Day Samantha Hagar was also present, and was recognized by the Council for the good job she had done. ITEMS OF RESIDENT INTEREST: Councilmember Barnett indicated she would like a report at the next meeting on how phone calls to the City were monitored. City Manager Ferris reported a staff member had notified their supervisor of a call, the supervisor had notified him, and he had called Councilmember Barnett to see if he could help, and that was his report. Councilmember Levy acknowledged those present in support of approving lighting for the roller hockey rinks, which was on the consent agenda. Councilmember Levy reported that Sharon Green from the Palm Beach County Health Department had contacted Charlotte Presensky and set up a date for "Step Up Florida ", encouraging physical activity, to be held at the Burns Road Community Center field on February 14. Councilmember Levy reported he and Mayor Russo had their cholesterol tested at the new neighborhood pharmacy. Councilmember Valeche reported meeting with Representative Domino and the lobbyist for Nationwide Insurance regarding Lake Catherine being in the Lake Park zip code and consequently being charged approximately $400 more annually by insurance carriers. Nationwide was not going to move, so the next step was to ask the Post Office to change the zip code to 33410. Tom Gallagher was concerned that the city was losing 185 funds from the State for their Fire and Police departments. The City of Pembroke Pines was looking at declaring itself a one zip code City because of having the same problems and Councilmember Valeche asked for and received the Council's support to have the City Attorney look into how the City could get the zip code changed. Vice Mayor Jablin thanked staff who had worked to make the presentation for the press conference for Scripps, and also thanked the business leaders and Mayor Russo. Mayor Russo thanked Vice Mayor Jablin for his work on this, and thanked Kara Irwin for her work with Jupiter staff. Mayor Russo reported Howard Lester had committed to donating 30 acres and to selling 40 acres at a fair market value. All of the north county cities as well as Mangonia Park and the Glades had participated. Mayor Russo indicated he had appealed to the Governor and the County Commission, and if this was successful, North County would be a better place to live. The Mayor thanked Lake Park for involving the City in their Martin Luther King Day celebration. Mayor Russo asked that all swimming pools in the city be properly fenced or screened. The Mayor announced he had asked the City Manager to look at traffic flows at Downtown at the Gardens. COMMENTS FROM THE PUBLIC: Vito DeFrancesco, Shady Lakes, asked that ex -parte communication include the person talked to, the length of time of the conversation, substance of the conversation, if there were any material facts, and if there were any agreements, compromises, promises or pledges made that a Councilmember would vote for or against a project. Mr. DeFrancesco reported a CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/19/06 development had had holiday lights up three and one -half months, against City code. Mr. DeFrancesco read a portion of an article from Hometown News regarding a party in the City where checks were given by developers. Joan Elias, 1009 Diamond Head Way, reported Gardens Neighborhood Association had not had any luck in their dealings with the Post Office; asked for a traffic study of the circulation at Wendy's at Northlake and Military Trail; and reported her community association was making note of homes with pools that were not protected. CONSENT AGENDA: Vice Mayor Jablin moved approval of the consent agenda absent item c. 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 15, 2005 regular City Council meeting. b. Resolution 9, 2006 - Approve a contract award to Musco Lighting, LLC. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a contract award to Musco Lighting, LLC for the purchase and installation of sports lighting at City Park and Plant Drive Skate Park in an amount not to exceed $265,000 via an existing agreement with the City of Jacksonville; and providing an effective date. d. Resolution 13, 2006 — Approving the purchase of a 2006 Fire Engine from Pierce Manufacturing, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the purchase of a 2006 Fire Engine from Pierce Manufacturing, Inc.; authorizing the Mayor and City Clerk to execute all documents necessary to effectuate such purchase; and providing an effective date. e. Proclamation — January 20, 2006 as Arbor Day. Vice Mayor Jablin moved approval of Resolution 12, 2006 - Approving the purchase of two (2) 2006 Medtec Medium Duty Rescue Units. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the purchase of two (2) 2006 Rescue Units from Ten -8 Fire Equipment, Inc., the sole source vendor for Medtec Ambulance in the State of Florida; authorizing the Mayor and City Clerk to execute all documents necessary to effectuate such purchase; and providing an effective date - which was item (c) on the consent agenda and had been pulled from the consent agenda for discussion by Councilmember Barnett. Councilmember Levy seconded the motion. Councilmember Barnett disagreed with part of the funding being from the Fire Department and asked why all of the funding was not coming from the Fleet Maintenance fund. Finance Director Owens explained the amortization program had only existed since 2002, so for these two trucks not enough funds had been paid in. Discussion regarding the amortization process ensued. Motion passed 5 -0. PUBLIC HEARINGS: Part I — Quasi-judicial - Mayor Russo announced the procedures that would be followed in tonight's quasi-judicial hearings. The City Clerk swore in all those intending to testify in any of tonight's cases. Resolution 6 2006 — Approving the Art in Public Places for the Midtown Planned Unit Development (PUD J. 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) (Formally known as The Borland Center PUD), which is located along the North side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as more CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/19/06 3 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 and called for ex -parte communication. Councilmember Levy reported he had spoken to Lucy Keshavarz about melding the concrete to the steel, and to Vito DeFrancesco about the angle of approach on the outside arm. The other members of the council reported no ex -parte communication. Lucy Keshavarz with Art and Culture Group, art consultant for the Borland Center, answered questions raised at the last presentation. Mr. Wu reported the distance from the road and the size of the sculpture, and indicated this would be reviewed by the City Engineer at the time of permit application. Vito DeFrancesco, Shady Lakes, disagreed with the angle, indicated outside eating was not legal in the easement, and expressed his opinion that all of the good features were proposed for the front of the project with none on the rest of the perimeter. Steve Barnes, Shady Lakes, stated he was not against public art, but the purpose was to look at it, and in this location it was a distraction for drivers causing road problems. Mr. Barnes asked that the art be inside developments instead of along the roads. Carol Estrada, Riverside Drive, commented this was an accident waiting to happen with skateboarders. Lee Bickford, Vice Chair for Art in Public Places Advisory Board, commented the board had spent months working with the artist and felt this art would add a lot of value to the City. Vice Mayor Jablin made a motion to approve Resolution 6, 2006. Councilmember Levy seconded for discussion. Mayor Russo commented he liked the art but expressed concern because of the size and location. Vice Mayor Jablin indicated this was not as large as the sculpture at the City Hall complex and spoke in favor of the art. Councilmember Levy expressed safety concerns but commented it had been reviewed by the City Engineer. Councilmember Barnett expressed safety concerns also - -that children would play on it. Vice Mayor Jablin reported there was a piece of art in Central Park where children played on it every day. Councilmember Valeche stated he did not like the colored glass or the lights. Motion was denied 3 -2. Ms. Keshavarz indicated she had not been allowed to respond to the issues raised. Councilmember Valeche made a motion to reconsider the motion. Councilmember Barnett seconded and the motion carried 5- 0. Ms. Keshavarz addressed safety and aesthetic issues. Vice Mayor Jablin recommended tabling this and discussed the possibly of embedding pieces to make it harder to climb or slide on. Mayor Russo indicated he was opposed to the location. The Mayor declared the public hearing closed. Ms. Keshavarz requested further direction. Councilmember Levy suggested a location between building F and M. Mayor Russo suggested a traffic consultant who dealt with distractions. The applicant indicated the concerns would be addressed and this would be brought back. Resolution 10, 2006 - Approving the Art in Public Places for First National Centre. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places for First National Centre (Parcel 27.03), which is within the Regional Center Development of Regional Impact (DRI) located on the Northwest corner of the intersection of PGA Boulevard and Kew Gardens Avenue, as more particularly described herein; providing for conditions of approval; and providing an effective date. The City Clerk read Resolution 10, 2006 by title only. Mayor Russo declared the public hearing open and called for ex -parte communication. Vice Mayor Jablin reported he had had a brief conversation with Don Hearing. The rest of the Councilmembers reported no ex -parte communication. Mr. Hearing indicated the applicant would pay cash in lieu of providing art, but would like to reserve placing the art, and move landscaping away from the location as recommended by the City Forester. Mr. Wu clarified that the applicant had followed Council CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/19/06 4 direction to have no more animal art and that the escrow was at least $42,500. The applicant confirmed they had officially withdrawn the application. Resolution 11, 2006 - Northcorp Corporate Park PCD — Master Signage Program. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a Master Sign Program for the Northcorp Corporate Park Planned Community Development (PCD), generally bounded by the Gardens Station PUD to the North, Interstate 95 to the West, Burns Road to the South, and the FEC Railway to the East, as more particularly described herein; providing for conditions of approval; and providing an effective date. The City Clerk read Resolution 11, 2006 by title only. Mayor Russo declared the public hearing open and called for ex -parte communication. Each member of the Council reported no ex- parte communication. Donaldson Hearing spoke on behalf of the applicant. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin made a motion to approve Resolution 11, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Part II — Non-Quasi-judicial Ordinance 35, 2005 — (2 ❑d reading and adoption) 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 by title only on second reading. Mayor Russo declared the public hearing open. Councilmember Barnett referred to page 213 and asked that "shall" be changed to "will ". Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Barnett made a motion to adopt Ordinance 35, 2005 on second reading by title only with the word "shall" changed to "will" on page 213 resulting in "will attend" and "will provide updates ". Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. CITY ATTORNEY REPORT: Settlement Proposed by Roger Blangy regarding his challenge to the City's FDOT permit for the Kyoto drive railroad crossing. Mr. Blangy asked that the City consider his proposal for settlement and to purchase a wayside horn. Vice Mayor Jablin recommended continuing to pursue the quiet zone on the railroad track from Lighthouse Drive to Hood Road, and stated he did not believe money for that purpose should be spent for something else. The expenditure would be $60,000 and there was no surety FDOT would reimburse the City with a grant. The City Engineer advised that FDOT had ruled out the opportunity for grant money at Kyoto Drive. Vice Mayor Jablin expressed appreciation for Mr. Blangy's continued work on this issue. Discussion ensued. Mayor Russo advised that the quiet zone would improve the quality of life for all residents of the City. Mayor Russo stated the Council's position was to pursue the quiet zone and not to spend the money for anything else. Mr. Blangy indicated he would continue to pursue the matter. Councilmember Levy proposed bringing the matter up again in two years if no quiet zone had been established by that time. ADJOURNMENT CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/19/06 There being no further busine APPROVAL: ATTEST: PATRICIA SNIDER, CMC CITY CLERK U COUN MEMBLR LEVY v �aC. COLINCILMEMBER VALECHE COUNCIL B p BARNETT p.m.