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HomeMy WebLinkAboutMinutes Council 021606CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING February 16, 2006 The February 16, 2006 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. ITEMS OF RESIDENT INTEREST: Mayor Russo announced that the County Commission had voted to place Scripps on the FAU /Jupiter site and in the City of Palm Beach Gardens, and thanked everyone who had worked so hard to make this happen. Mayor Russo especially thanked Kara Irwin, Growth Management Department, who had spent countless hours on this project. Mayor Russo recognized others who had participated in the team effort. Mayor Russo expressed his opinion that the biggest benefit would be improvement of quality of life for City residents, and explained that all the traffic for this project had already been approved. Councilmember Barnett thanked the Palm Beach Gardens Women's Club, and stated the School Board would be present at the March 2 meeting regarding Palm Beach Gardens High School. Councilmember Levy reported he had attended the Step -Up Florida program, which was a great program, and invited everyone to walk on the new track and get healthy so Scripps would not have to develop so many drugs. Councilmember Valeche asked how the Council wanted to address the memo from Finance Director Owens regarding the resolution he had proposed, and also asked if an independent opinion had been the direction of City Council in regard to the Police pension board. Councilmember Valeche had been invited to meet with the board's attorney and actuary, and was advised progress was also being made to get an independent evaluation. In regard to addressing Councilmember Valeche's proposed resolution, consensus was to hold a City Manager /Council meeting to discuss this issue. Vice Mayor Jablin indicated he had also been invited to meet with the pension attorney, but did not feel it was appropriate to attend. Vice Mayor Jablin thanked everyone for their work on Scripps. Mayor Russo requested recognition of Sid Forbes, owner of Gardens Mall, who had worked to get Scripps here and was always in support of the City. CITY MANAGER REPORT: Kara Irwin, Planning Manager, Growth Management Department, provided a presentation on Scripps Florida and the partnership with Jupiter and other North County municipalities and FAU, which would provide a way to diversify the City's tax base. Ms. Irwin reviewed the City's long term commitments, the importance of providing information so that the County could move forward quickly, and the actions taken by the City the day after the County had chosen the site. The issues to be resolved were reviewed. Jupiter, Lake Park, and Riviera Beach would join the City this year at Bio 2006 to help leverage the decision and put forth at the international conference what Palm Beach Gardens was doing. The importance of expediting the process in order to maintain the momentum in the North County and deliver the vision of Scripps Florida in North County was stressed. Vice Mayor Jablin made a motion to authorize the City Manager to make decisions for everything in the support tasks CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/16/06 2 in this presentation, in order to deliver for this project in a timely manner. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Councilmember Levy commented he would love to do the environmental report and would donate it if it was legal. Commissioner Karen Marcus expressed thanks and the assurance that the Scripps project could be done. The Governor's message had been to get this done fast. Commissioner Marcus requested that the Interlocal agreement for the commitment for the $3 million be before the County Commission by February 28. Commissioner Marcus thanked Howard Lester publicly for working with her on this project. The next bigger step would be a master Interlocal agreement with all the cities involved and showing how a board would be created, doing overlays, and county staff would be available for review and for creating the agreement. Commissioner Marcus expressed appreciation and asked for continued cooperation. Mayor Russo also thanked the Lester family. A special meeting was scheduled the next Thursday at 4 p.m. for the Interlocal agreement. Councilmember Levy suggested forming an Economic Development Task Force with the other North County cities, and even South County and the research park if they would be interested, to show others the variety of properties in this area. Mayor Russo advised he was already in discussion with the Chamber of Commerce regarding this issue. _On -going Service Assessment — Charlotte Presensky, Community Services, discussed the program to increase public outreach and provide annual assessments. This program would consist of information dissemination - -the website, the brochure, e-mail responses to residents; information input; and an exchange combination such as town hall meetings and charrettes. An independent, unbiased phone survey of residents was proposed, which would cover communication, levels of service, City spirit, and fiscal and growth concerns. The analysis was expected to be completed for use in the budget process, and a marketing program was to be instituted. Councilmember Barnett expressed concern that a survey of only 400 was a very small number for a sample of this community. Councilmember Barnett requested a larger sampling and spending less on the marketing program, to get input from more people. Mike Rove from the research company described the basis for the statistical validity of the sampling, and answered questions from the Council. It was announced that the phone survey would be conducted February 27 through March 7. COMMENTS FROM THE PUBLIC: John Chaplik, 715 Hudson Bay Drive, advised the Budget Advisory Committee would be providing a comprehensive report on the pensions to all Councilmember's. The source of underfunding of the police and fire pension funds with proposed solutions would be presented. The data in the actuarial reports had been used for the amount of unfunded dollars. Mayor Russo expressed concern with the report being issued without evaluation being done by an independent third party. The City Manager advised that the report was not within the purview of the Oversight Committee, and requested the City Attorney be consulted before the Budget Advisory Committee met. Joan Elias, 1009 Diamond Head Way, commented on the wonderful effort to bring Scripps to North County and congratulated all the cities and Commissioner Marcus. Dr. Robert Davis, BallenIsles, thanked all for Scripps and former Mayor Jablin for going to California two years ago, and requested a change in zoning to bury electric lines. The City Manager advised that FPL would be making a presentation at the March 2 council meeting. Dr. Davis commented the individual names of project managers were no longer on the agenda, and asked that CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/16/06 3 information be provided again so residents would know who to call if they had questions. Steve Barnes, 1011 Shady Lakes Circle, congratulated everyone on Scripps. Mr. Barnes reported another accident at the corner of Shady Lakes Drive, and school children crossing six lanes of traffic on PGA Boulevard, and provided statistics on accidents at that corner, and requested the long overdue traffic light be installed. City Engineer Dan Clark reported action was being taken on this issue, and right -turn only could be instituted until the light could be installed. Vito DeFrancesco, Shady Lakes, reported there was no sidewalk for the children to walk on along PGA Boulevard. Mr. DeFrancesco reported he had attended a PZA meeting which he considered illegal, and described the items in a handout he had provided. Mr. DeFrancesco advised Mr. Barnes and Mr. Schmidt had written letters regarding buffers, with no responses, and asked that the City do the right thing. The Mayor and City Manager confirmed a response had been sent to Mr. Barnes. CONSENT AGENDA: Vice Mayor Jablin made a motion to approve the consent agenda as submitted. 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 January 19, 2006 regular City Council meeting. b. Resolution 4, 2006 - Approve a work authorization to Vila and Sons, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a work authorization and notice to proceed to Vila and Son Landscaping Corporation based on its Annual Landscaping and Irrigation contract for median improvements along Northlake Boulevard from Military Trail West to the Florida Turnpike: and providing an effective date. C. Resolution 22, 2006 -- Approve an Amendment to the Financial Assistance Agreement with Palm Beach County for Beautification of Medians. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the First Amendment to the Financial Assistance Agreement with Palm Beach County for Median Beautification on Northlake Boulevard and Military Trail as part of the "Only Trees, Irrigation, and Sod (OTIS) program; and providing an effective date. d. Proclamation - National Engineers Week February 20 — 24, 2006. PUBLIC HEARINGS: Part I — Quasi-judicial - Mayor Russo reviewed the quasi-judicial procedures to be followed in tonight's meeting. The City Clerk swore in all those intending offer testimony in any of tonight's cases. Resolution 17 2006 - Shoppe's on the Green Monument Sign within Fairway Drive Median and Easement Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Amendment to the PGA National Comprehensive Signage Program to allow a Monument Sign to be located within the Fairway Drive Median for Shoppes on the Green at PGA National Development of Regional Impact (DRI); approving an Easement Agreement, as more particularly described herein; providing for waivers; providing for conditions of approval; and providing an effective date. The City Clerk read Resolution 17, 2006 by title. Mayor Russo declared the public hearing open and each member of the Council reported no exparte communication. Tom Baird presented the CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/16/06 4 proposal on behalf of the petitioner. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin made a motion to approve Resolution 17, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 9, 2006 — (I" reading) Amending the development order of the Northcorp Planned Community Development PCD). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 1, 1990 relating to the Northcorp Planned Community Development (PCD) and Planned Unit Development (PUD); transferring the conditions of approval of the Northcorp PCD and PUD to Resolution 19, 2006; and providing an effective date. [Resolution 19, 2006 is a companion item to Ordinance 9, 2006 and will require Council action at second reading] Resolution 19, 2006 — Amendment to the 107 -acre Northcorp Planned Community Development (PCD). A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the 103 -acre Northcorp Planned Community Development (PCD), generally located North of Burns Road, South of PGA Boulevard, East of Interstate 95, and West of Alternate AIA, as more particularly described herein, to modify certain conditions of approval; and providing an effective date. [Resolution 20, 2006 is a companion item to Ordinance 9, 2006 and will require Council action at second reading] Resolution 20, 2006 - Approving a site plan amendment to the Anspach project. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a site plan amendment to the Anspach project at the Northcorp Planned Community Development (PCD), to allow an additional 16,275 square feet of office use and 32,666 square feet of light industrial use, located on the 7.0 -acre site which comprises lot 1 of the South Park Center and lot 2 of the West Park Center in the Northcorp Planned Community Development (PCD), generally located at the Southwest corner of the Intersection of Riverside Drive and Northcorp Parkway, as more particularly described herein; providing for waivers; providing for conditions of approval; and providing an effective date. The City Clerk read Ordinance 9, 2006 on first reading by title only. Mayor Russo declared the public hearing open and each member of the Council reported no exparte communication. Brian Cheguis presented the proposal on behalf of the petitioner. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin made a motion to place Ordinance 9, 2006 on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Part TT — T�Tnn_(lnaci_inrlinial vtuiiiaiiw Z., Z.vvv — I- auu AUV12LIV11I r-IJ2L21vvai vl XLU11 110 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. 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 adopt Ordinance 2, 2006 on second reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Jeff Sabin reported they had done this service for the city for ten years and this contract would be for another seven years. Part III — Workshop CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/16/06 5 Evaluation and Appraisal Report (EAR) 2005 "Major Issues" - Brad Wiseman, Growth Management Department, presented the staff report and explained the steps in the procedure, required once every 7 years. The State requirement to formulate major issues was explained, an example of which would be to develop a creative transit system. Tonight's workshop was held to obtain input from the City Council on the major issues that had been formulated, including to proactively plan for western growth; diversify land uses; develop a creative transit system; maintain the City's roadway linkages; re- evaluate the City's proposed LOS for public parks; and pursue the provision of workforce housing. In light of the decision for the location of Scripps, staff recommended looking at the major issues to see how these related to Scripps or if there were other major issues, and then to come back before the Council. Mayor Russo agreed, and other members of the Council expressed no objections. Joan Elias, 1009 Diamond Head Way, commented Scripps had a great impact that the City had to work out redevelopment of old strip centers, and advised height of buildings should be looked at to avoid requiring variances for labs which required higher ceilings, and other things in light of Scripps. Mrs. Elias expressed her opinion it was very important to have a definition of workforce housing, since there were many interpretations. CITY ATTORNEY REPORT: City Attorney Tatum reported she had forwarded copies of several letters from Roger Blangey, who had requested she put the settlement proposal back on the agenda. Consensus of Council was they did not want that. City Attorney Tatum reported receipt of a wire transfer by the City that day of $1,808,500 in satisfaction of the code enforcement liens on the Vavrus property. The City Attorney reported the Vavrus property would be in total compliance after they had gone through the process of submitting a new conditional use application for agriculture. The City Clerk was to call Councilmembers to arrange a time for a Council /Manager workshop. CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/16/06 6 ADJOURNMENT There being no further business to discuss, tl)g ryeetinGvas mourned at 8:55 p.m. APPROVAL: X COUN44MEMTER L -e-v j CILMEMBER \/a e -at ATTEST: PATRICIA SNIDER, CM CITY CLERK e-