HomeMy WebLinkAboutMinutes Council 030206CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
March 2, 2006
The March 2, 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
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 AND MODIFICATIONS
Mayor Russo announced the following additions under Consent Agenda: Proclamation
declaring March as National Nutrition Month, and Resolution 34, 2006, an Interlocal
agreement between municipalities to work on the Scripps project. One deletion was
announced under Announcements /Presentations: School Board presentation on Palm Beach
Gardens High School had been cancelled and would be rescheduled for a later date. Mayor
Russo requested Consent Agenda item (d) Proclamation — March as Woman's History
Month be moved to Announcements/Presentations. Vice Mayor Jablin moved approval of
the additions, deletions, and modifications as stated by the Mayor. Councilmember Levy
seconded the motion, which carried by unanimous 5 -0 vote.
ANNOUNCEMENTS / PROCLAMATIONS:
Proclamation — March as Woman's History Month - Mayor Russo read aloud the names of
the Palm Beach Gardens Women's Club members who were present, and read the
proclamation. Vice Mayor Jablin moved to adopt the proclamation. Councilmember Barnett
seconded the motion, which carried by unanimous 5 -0 vote.
ITEMS OF RESIDENT INTEREST:
Councilmember Barnett reported attendance at the Firemen's award dinner and thanked the
firemen who protected the city. Councilmember Levy presented four recipes from his wife in
celebration of National Nutrition month. Mayor Russo reported he had attended a meeting of
North County Mayors and the Resolution added to the consent agenda would keep
communication open to work on Scripps. Mayor Russo announced that he had spoken with
President Frank Brogan of FAU and many of the trustees, thanking them for their support,
and reported Mr. Brogan felt there would be no problem in obtaining approval from the
Board of Trustees. Vice Mayor Jablin reported Mr. Talal Benothman, a 7 -year employee,
was moving on to another job and would be tremendously missed, and wished him the best.
CITY MANAGER REPORT:
City Manager Ferris gave credit to City Attorney Christine Tatum for taking a leadership
role regarding the Interlocal agreement between the municipalities.
COMMENTS FROM THE PUBLIC:
Eileen Tucker, Shady Lakes, reported attending the PZA meeting the previous week and
advised that she had left very angry, and asked why everything got passed without real
discussion with the residents. Vito DeFrancesco, Shady Lakes, commented he believed one
of tonight's public hearings would be illegal; reported he had made a public information
request and had not received all the documents as requested; expressed his opinion that all
the requirements had not been followed for a particular project; and asked that the law be
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/2/06 2
followed. Pat Hughey thanked the City for the volunteer event. Paul Auerbach, Gardens of
Woodberry, reminded the City Council of the original Borland Center plan and Resolution
92, 2004 which reflected agreements with the residents, and asked that such Resolutions not
be changed.
CONSENT AGENDA: Vice Mayor Jablin moved approval of the consent agenda as
amended. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
Therefore, the following items plus Resolution 34, 2006 were approved:
a. Approve Minutes from the February 2, 2006 Regular City Council meeting.
b. Resolution 24, 2006 — Approve a Work Authorization and Notice to Proceed
to Landscape Service Professionals, Inc. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida approving a Work Authorization
and Notice to Proceed to Landscaping Service Professionals, Inc. based on its
annual landscaping and irrigation contract dated September 15, 2005, for
median improvements along Military Trail from I -95 to EPB -3C Canal; and
providing an effective date.
C. Quarterly Financial Report for the period ending December 31, 2005.
PUBLIC HEARINGS:
Part I — Quasi - judicial - Mayor Russo announced the hearings on tonight's agenda and
described the quasi-judicial procedures to be used; the City Clerk swore in all those
intending to offer testimony in any of the hearings. Vice Mayor Jablin made a motion to
move Resolution 26, 2006 to be first under Part II — Quasi-judicial. Councilmember Levy
seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 26, 2006 - RCA Center PUD — Revisions to Approved Development Plans. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an
amendment to the Master Development Plan for the approximately 30 -acre RCA Center
Planned Unit Development (PUD) (A.K.A. "Parcel 513"), approved by way of Resolution
216, 2004, generally bounded by the PGA Flyover to the North, the Florida East Coast
(FEC) Railway to the East, the Gardens Station PUD to the South, and RCA Boulevard to
the West, as more particularly described herein, to modify certain conditions of approval and
to allow: a reallocation of square footage between certain buildings on site; revised
footprints and elevations of certain buildings; addition of a parking structure; and other
minor changes to the site and landscape plans; providing additional waivers; providing
additional conditions of approval; and providing an effective date. The City Clerk read
Resolution 26, 2006 by title. Mayor Russo declared the public hearing open, held on the
intent of Resolution 26, 2006. Each member of the City Council reported no ex -parte
communication. Vice Mayor Jablin made a motion to continue the public hearing for
Resolution 26, 2006 to a date certain of April 6, 2006. Councilmember Levy seconded the
motion, which carried by unanimous 5 -0 vote.
Resolution 14, 2006 - Amendment to the Midtown Planned Unit Development (PUD) F.K.A.
the Borland Center. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida amending Resolution 92, 2004, which approved the Midtown (F.K.A. the Borland
Center) Planned Unit Development (PUD), located on the North side of PGA Boulevard
between Gardens Square Boulevard and Shady Lakes Drive, as described more particularly
herein, to modify certain conditions of approval, including the timing for the installation of
landscape buffers and traffic signals; and providing an effective date. The City Clerk read
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/2/06 3
Resolution 14, 2006 by title. Mayor Russo declared the public hearing open, held on the
intent of Resolution 14, 2006. The following ex -parte communications were reported:
Councilmember Barnett reported she had spoken with Eileen Tucker, Vito DeFrancesco, and
Paul Auerbach, listened to a presentation by Don Hearing, and had received a letter from
Roy Royce, as had all the members of the council. Councilmember Levy reported he had had
a meeting with Don Hearing, Mr. Cummings, and John Gary, dealing with hydro geological
items including the withdrawal permits for SFWMD, Seacoast Utilities water line
construction material and replacement, drainage problems with Shady Lakes Drive, and the
traffic light installation. Councilmember Valeche reported he had also attended a
presentation by Mr. Hearing and had met separately with Mr. Hearing, Mr. Cummings, and
Mr. Gary, and discussed the same things reported by Councilmember Levy, minus a lot of
the hydrological detail. Vice Mayor Jablin reported a brief conversation with Don Hearing.
Mayor Russo reported he had received phone calls from Dr. Underwood and Mr. Gary and
informed them he was going to rely on meeting with staff, which he did, and he also had
spoken with Paul Auerbach, Vito DeFrancesco, and Eileen Tucker on the way in, but had
discussed nothing in detail. Donaldson Hearing described the approved project and presented
the petitioner's request, and responded to questions from the City Council. Steve Barnes,
Shady Lakes, thanked staff for getting the sidewalk in and the developer for the landscaping
that had been installed, and asked that there be an agreement that the temporary fence would
be removed in the event of a hurricane, and asked for work on the installation of the traffic
light, and that the developer live up to the original developer's order and that the developer
communicate with the residents. Vito DeFrancesco, Shady Lakes, was against the waiver for
an 80' buffer, stating it was prohibited in a section in the LDR's, and advised that the lake
intruded into the buffer making it only 13' wide, and the code required 20', their deed
required 30', and he wanted it to be 100'. Beverly Gregory, Shady Lakes, commented this
was not a joke, other lights had been installed and why was none available for Shady Lakes
where they could not get in and out of their community. Hearing no further comments from
the public, Mayor Russo declared the public hearing closed. Dan Clark reported on interim
safety measures at the Shady Lakes intersection until the traffic signal could go in and
advised of the deadline for the signal installation. City Attorney Tatum confirmed that in her
opinion this matter was properly before the Council tonight, and the question of the buffer
was not before the Council tonight. Councilmember Barnett proposed an amendment to the
resolution establishing a deadline for the buffer completion. The following amendment was
read by the City Attorney: The applicant shall install the landscaping and irrigation for
Shady Lakes Drive and Garden Square Boulevard prior to June] 5, 2006 The applicant shall
install the landscaping and irrigation for the PGA Boulevard Parkway and Garden Lakes
PUD prior to the issuance of the first Certificate of Occupancy. To mitigate the effects of the
project, the applicant shall install 6' high chain link fence with privacy tarp around the
perimeter of the subject site no late than March 17, 2006. This fence shall be removed upon
completion of the landscape buffers. Failure of the applicant to meet this deadline shall
result in the issuance of a stop work order for the project for all construction activities not
required for the installation of the traffic signal and landscape buffers. The issuance ofsuch
stop work order shall be in addition to any other enforcement methods available to the City
for ensuring compliance with this condition. Mr. DeFrancesco asked to cross examine. The
City Attorney advised that cross examination should have occurred during the public
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/2/06 4
hearing. Mayor Russo declared the public hearing reopened. Ray Royce, Attorney for the
applicant, objected, stating that the City Attorney had advised that cross examination should
have occurred within the public hearing. Mr. DeFrancesco cross examined Mr. Hearing
regarding the graphic presented during the public hearing in the power point presentation
August 5, 2004, and the fence. Beverly Gregory asked a question about the gap in the fence.
Hearing no further comments from the public, Mayor Russo declared the public hearing
closed. Vice Mayor Jablin moved approval of the March 1 version of Resolution 14, 2006
with the changes to Section 15, section 3 paragraph, as read into the record by the City
Attorney. Councilmember Levy seconded the motion, and encouraged communication
between the developer and the affected communities. Motion carried by a 4 -1 vote with
Councilmember Barnett objecting.
Ordinance 9, 2006 — (2nd reading and adoption) 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.] 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 A 1 A, 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.] 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, Resolution 19, 2006, and Resolution 20,
2006 by title only. Mayor Russo declared the public hearing open, held on the intent of
Ordinance 9, 2006 with companion items Resolution 19, 2006 and Resolution 20, 2006. No
ex -parte communication was reported. Brian Cheguis, Cotleur and Hearing, reported no
changes since the last presentation. Hearing no comments from the public, Mayor Russo
declared the public hearing closed. Vice Mayor Jablin made a motion to adopt Ordinance 9,
2006 on second reading by title only. Councilmember Levy seconded the motion, which
carried by unanimous 5 -0 vote. Vice Mayor Jablin made a motion to approve Resolution 19,
2006. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
Donaldson Hearing, on behalf of the Anspach companies, presented a requested signage
waiver and an additional point of ingress and egress for Resolution 20, 2006. Vice Mayor
Jablin made a motion to approve Resolution 20, 2006, reflecting leaving the first sign on the
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/2/06 5
original building on the north side of the property. Councilmember Levy seconded the
motion. The City Attorney advised condition 19 would need to be removed; staff indicated
condition 20 would need to be removed. Vice Mayor Jablin withdrew his motion and
Councilmember Levy withdrew his second. It was determined by staff and the City Attorney
that condition 19 needed to be removed. Vice Mayor Jablin moved approval of Resolution
20, 2006 with condition 19 removed. Councilmember Levy seconded the motion, which
carried by unanimous 5 -0 vote. Delores Key, Economic Director, provided an overview of
the economic impact on the City by this first TEPP project.
Ordinance 10, 2006 — Wt reading) Application for abandonment of a portion of Fairview
Lane. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
approving an application for the abandonment of the 40' wide by 161' long, North/South
portion of Fairview Lane (also known as Fairway Lane), generally located at the Southwest
corner of PGA Boulevard and the Florida Turnpike within the PGA National Resort Planned
Community Development (PCD); and providing an effective date. [Resolution 23 2006 is a
companion item to Ordinance 10, 2006 and will require Council action at 2 "d reading.]
Resolution 23, 2006 — Site Plan Amendment. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving a site plan amendment for Gardens Home
Management Services located within the PGA National Planned Community Development
(PCD) located at the Southwest corner of PGA Boulevard and the Florida Turnpike, as more
particularly described herein, to allow the conversion of a 4,486 square -foot former fire
station to a professional office; providing waivers; providing conditions of approval; and
providing an effective date. The City Clerk read Ordinance 10, 2006 by title only. Mayor
Russo declared the public hearing open. Councilmember Levy reported he had spoken with
John Gary regarding abandonment of the roadway. All other members of the Council
reported no ex -parte communication. Anne Booth, Urban Design Studio, presented the
project on behalf of the applicant. In response to Tim Frohling's question whether there
would be any remuneration for abandonment, Jim Griffin explained the applicant had found
a way to make the property useful and bring it onto the City's tax rolls, which was
compensation for the abandonment. Hearing no additional comments from the public, Mayor
Russo declared the public hearing closed. Vice Mayor Jablin moved to place Ordinance 10,
2006 on first reading by title only. Councilmember Levy seconded the motion, which carried
by unanimous 5 -0 vote.
Part II — Non-Quasi-judicial
RESOLUTIONS:
Resolution 18, 2006 - Purchase award for thirty six vehicles and seven motorcycles. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding
contracts for the purchase of thirty-six vehicles to Don Reid Ford, Duval Ford, Maroone
Dodge, and Maroone Chevrolet, and for the purchase of seven Police motorcycles to Fort
Lauderdale Harley- Davidson via an existing contract with the Florida Sheriff's Association,
Contract No. 05 -13 -0822; and providing an effective date. James Lund, Fleet
Superintendent, presented the request. Vice Mayor Jablin moved approval of Resolution 18,
2006. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
CITY ATTORNEY REPORT:
City Attorney Christine Tatum reported two good rulings: in the Federal court in the Vavrus
case the City was awarded approximately $138,000 in attorney's fees based on the federal
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/2/06
litigation being meritless and without any foundation, which would reimburse the insurance
carrier. The City Attorney also reported a summary judgment order in favor of the City on all
counts in the case of Miller vs. the City.
Resolution 34, 2006 — Staff questioned whether Resolution 34, 2006 had been voted on. In
order to be sure, Vice Mayor Jablin made a motion to approve Resolution 34, 2006.
Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
ADDITIONAL COUNCIL COMMENTS:
Mayor Russo announced the Honda Classic, and that all residents of the City would be
admitted free. Councilmember Barnett requested discussion of placing the police pension
board item on the next agenda; following the discussion consensus was to wait to consider
this after the study had been completed.
ADJOURNMENT
There being no further business to discuss, fe peetog was adjourned at 10:21 p.m.
APPROVAL:
V,
LEVY
�qCILMEMBER VALECHE
ATTEST:
PATRICIA SNIDER, 6MC
CITY CLERK