HomeMy WebLinkAboutMinutes Council 051806CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
May 18, 2006
The May 18, 2006 Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 7:01 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 Barnett, Councilmember Jablin,
Councilmember Levy, and Councilmember Valeche.
ANNOUNCEMENTS:
Mayor Russo congratulated two staff members, Kara Irwin and Michael Sanchez, who had
recently been certified by the American Institute of Certified Planners.
ITEMS OF RESIDENT INTEREST: Vice Mayor Barnett reported she had attended the
graduation of the citizens' police academy, congratulated the graduates, explained the
training they had received, and thanked those involved. The Vice Mayor reported from the
Interlocal Plan Amendment Review Committee issues forum that they were commissioning a
light industrial land study, and they had formed a subcommittee for affordable housing and
its relationship to the coastal residential exemption area. Vice Mayor Barnett advised she was
a member of that subcommittee, and she would bring back information to the City Council so
that a decision could be made by July 4 whether to object to the county's amendment before
transmittal. Councilmember Levy reported he had attended the State of the City address
which had been impressive; attended a presentation on sexual predators on the internet; had
been appointed by the League of Cities to the Regional Oversight Hazardous Materials
Committee; attended the League of Cities Gala; thanked Councilmember Valeche for service
on the League of Cities Board; and presented a proclamation for Mayor Russo's signature
honoring the USS Oriskany which had been retired to become the largest artificial reef, and
thanked Councilmember Valeche for his service as a fighter pilot flying from that ship during
the Vietnam war. Councilmember Levy made a motion to add the proclamation honoring the
USS Oriskany to the agenda. Councilmember Jablin seconded the motion, which carried by
unanimous 5 -0 vote. Councilmember Valeche made a motion to approve the proclamation
honoring the USS Oriskany. Vice Mayor Barnett seconded the motion, which carried by
unanimous 5 -0 vote.
Councilmember Valeche advised the sexual predator website was www.netsmartz.com and
stated he believed residents could see the entire presentation made the previous evening.
Councilmember Valeche announced Tesula Stewart's brother -in -law had been killed in an
automobile accident and the funeral was the next morning. Councilmember Valeche
requested the budget Resolution he had proposed in January be placed on an agenda for
discussion. Mayor Russo announced that would be discussed tonight under Items for Council
Action. Councilmember Jablin reported he had attended the Metropolitan Planning
Organization meeting and reported the Tri-Rail tracks were being double- tracked up from the
south, quiet zones were being implemented along those tracks and extending out to the
Beeline Highway and crossings were being added at Beeline Highway and Military Trail, Jog
Road and Northlake Boulevard and Beeline Highway to that study. Councilmember Jablin
reported he had learned from Steve Tendrich that Chatsworth from Devonshire had been
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/18/06
recognized with a gold seal qualification, awarded to only 16 out of 600 skilled nursing care
facilities. Mayor Russo reported Frenchman's Creek was very concerned about the double
tracking and the possibility of roads being blocked. It was confirmed that the City had
already allotted funds for quiet zones and the City was checking on sound mitigation from
the double tracking. Mayor Russo gave a condensed five- minute version of the State of the
City report that had been provided to the business community, which highlighted the
accomplishments of the past year, including information that the legislature in Tallahassee
had approved locating Scripps at Jupiter /Abacoa and Palm Beach Gardens /Briger Tract.
CITY MANAGER REPORT:
Update on Bio 2006 — Dolores Key, Economic Development and Marketing Director,
presented a review of staff's trip to Chicago to attend this bioscience event, presented the
packages sent to the business communities to provide sponsorships, and reported close to
$30,000 had been raised. Councilmember Jablin reported he had attended with the staff, and
the City's booth had been outstanding, and there had been a lot of interest since Scripps was
locating here.
Florida Auditor General Financial Assessment - Finance Administrator Allan Owens
provided the updated assessment information which compared the City's data with other
Florida Cities and provided a 5 -year trend analysis. Mr. Owens reviewed financial indicators
over the 5 -year period, and announced the complete report was available in his office to
anyone who would like to review it. Discussion ensued regarding the population number for
the City.
COMMENTS FROM THE PUBLIC:
Steve Martino, Sandalwood, expressed his opinion that the criticism of the City by
Sandalwood residents was somewhat misdirected, that he appreciated their efforts regarding
break -ins, and recommended doing away with the air conditioning skirts. The City Manager
indicated staff was working with the homeowners association.
Vito DeFrancesco, Shady Lakes, reported he had previously informed the City Council he
felt his rights had been violated in the Borland project process, and read from the response
from the City that the Growth Management Director had complete authority to interpret the
provisions of the code. Mr. DeFrancesco expressed his opinion that interpretation by only
one person was not good, could create a perception something was amiss, and reported
instances where he felt the code had not been followed.
Lauren Furtado, Crestdale Street, expressed her opinion something needed to be done about
the golf course; and commented the City was so lucky to have good staff and they were to be
commended, and she would put that in writing. Ms. Furtado noted the City had been able to
obtain many things from waivers and they were good as long as the City benefited from a
waiver. Ms. Furtado commented she would not have been in favor of the Landmark,
commented on other tall buildings that were already built, and asked for an overlay so that in
the future residents' fears would be relieved that a tall building might be possible in their
back yard.
Carol Estrada, Riverside Drive, reported a comment had been made at a previous meeting
that no residents had been against the Landmark, but there had been residents who opposed
the Landmark.
CONSENT AGENDA:
Councilmember Jablin moved approval of the consent agenda. Councilmember Levy
seconded the motion, which carried by unanimous 5 -0 vote. Therefore, the following item
was approved on the consent agenda:
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/18/06
a. Approve Minutes from the April 20, 2006 regular City Council meeting.
b. Resolution 50, 2006 - Financial Assistance Agreement with Palm Beach County for
median beautification. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving an 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 Program; and providing
an effective date.
c. Resolution 52, 2006 - Interlocal Agreement with Palm Beach County. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida approving an
Interlocal Agreement with Palm Beach County to provide swim lessons as part of the
Drowning Prevention Coalition's Learn to Swim Program; and providing an effective
date.
d. Proclamation - Declaring the week of May 21 -27, 2006 as National Public Works
Week.
PUBLIC HEARINGS:
Part I — Quasi - judicial - Mayor Russo announced the procedures that would be followed in
tonight's quasi - judicial hearing. The City Clerk swore in all those intending to offer
testimony in tonight's cases.
Resolution 44, 2006 — Approving the site plan for Gardens Pointe. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving the site plan for 214
residential condominium high -rise units within two twelve -story towers and 26 townhouse
units on a 6.64 -acre site located at the Northwest corner of Kyoto Gardens Drive and
Fairchild Gardens Avenue within the Regional Center Development of Regional Impact
(DRI), as more particularly described herein; providing for conditions of approval; providing
for waivers; amending the MacArthur Center signage program (Resolution 64, 1998); and
providing an effective date. City Attorney Tatum advised this was a continuation of a public
hearing from April 20, 2006 and that all of the testimony and comments made then were a
part of the record tonight. The City Clerk read Resolution 44, 2006 by title. Mayor Russo
declared the public hearing open, and called for ex -parte communication since the last
hearing. Vice Mayor Barnett reported speaking with Eileen Tucker and Paul Auerbach, as
well as many people who had expressed their opinion to her whose names she did not know.
Councilmember Levy reported discussing renderings and building issues with Dodi Glas, and
speaking with John Gary, Jack McDonald, Roma Joseph, Bob Fink, Don Hearing, Doug
Davenport, Lauren Furtado, and Suzanne Carlisle regarding this project, and receiving and
responding to a -mails from Steve Tarr and William Lothmath. Councilmember Valeche
reported he had spoken to Roma Joseph and Erwin Melcher. Councilmember Jablin reported
he had spoken to John Gary, Lauren Furtado, and John Sapo. Mayor Russo reported he spoke
to John Gary and Eileen Tucker. John Gary submitted copies of letters for the record. Dodi
Glas provided a presentation on behalf of the petitioner, highlighting information added since
the last meeting. John Gary presented documents for the record: Resolution 105, 2004;
updated City staff report for tonight and the application; letters in support of the project from
Westport, Menin Corporation, Sid Forbes, Seacoast National Bank, Sembler Company, and
the Gosman Building and Grand Building property managers; a disk from the June 17, 2004
hearing; staff report for Resolution 196, 2003 and the accompanying resolution; excerpts
from the 1983 ADA; all staff files on the Gardens Pointe application; and all other approvals
for Developments of Regional Impact inside the mall. Mayor Russo called for public
comment. Dr. Robert Davis indicated he did not want other high -rise buildings located
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outside the area proposed for this project, and questioned whether the code might need
changing so that so many waivers would not be needed, and suggested smaller buildings.
Gerald Justine, Hazel Avenue, commented the City Council had reviewed all projects over
the years and had done what was best for the City, and he had not heard any of his neighbor's
voice disapproval of buildings that had been built. Mr. Justine expressed his opinion this
project would fit nicely into the downtown area. Eileen Tucker, Shady Lakes, read a letter
she had e- mailed to Council members suggesting items of importance be early on the agenda,
and stating her position against waivers. Ms. Tucker suggested the PGA Corridor Coalition
be able to meet with staff to provide them with another point of view regarding projects, and
stated she would like to know who wanted all this development, which she felt benefited
only the developers. Irma Jarvis, Cherry Street, expressed concern regarding housing
congestion, fire protection, police costs, and increased traffic. Fire Chief Bergel explained
how fires were fought in high rise buildings. Mayor Russo noted taxes received would far
exceed costs, and the project had received traffic concurrency. Vito DeFrancesco, Shady
Lakes, added that a -mails had not been noted in ex -parte except by Councilmember Levy,
and commented the underlying zoning was why waivers were required. City Attorney Tatum
advised all e -mails to Council at their City address were included in the documents that were
produced. John Romaine, Evergreen resident and business owner in Downtown at the
Gardens, expressed approval for the project. Joan Elias, Diamond Head Way, expressed her
support for the project. Mayor Russo noted a person had handed him a card and left, which
he could not read because the person would not be available for cross examination. Paul
Auerbach, Gardens of Woodberry, spoke against the project as a resident and as a
representative of the PGA Residents' Coalition. Joel Channing, former Planning & Zoning
Board member, reported he had fought the Landmark project, and high rise buildings would
change the character of the City, but this was already surrounded by taller buildings, and Mr.
Channing requested if this was approved that an overlay be established. Joseph Nasuti, St.
Pietro Circle, Harbor Oaks, a Coulter project, noted residents in his community were
dissatisfied, and suggested that a full -time City inspector watch every phase of this
development. Amir Kanel was sworn in, and expressed support for the project, but expressed
his opinion that this area only, should be designated for high rise buildings. Councilmember
Levy expressed his opinion that the City was not receiving enough benefits, and asked the
applicant to consider funding a transit system study for this area. Discussion ensued.
Councilmember Valeche and Mayor Russo expressed opposition to Councilmember Levy's
proposal. Hearing no further comments from the public, Mayor Russo declared the public
hearing closed, and asked the Council to continue their discussion. Vice Mayor Barnett
commented she would not sell the skyline for two trolleys. Councilmember Jablin expressed
his opinion that the matter of granting waivers for building heights should be addressed and
the area where high rise building is allowed should be codified. Mayor Russo expressed
concern regarding setting precedent. Vice Mayor Barnett expressed her opinion that the
applicant had not provided enough community benefits to warrant the requested waivers.
Councilmember Valeche expressed his opinion that any community development should be
directly associated with the project. Councilmember Levy expressed his position that this
project would be directly affected by a public transit system. John Sapo, Cotleur
Communities, indicated Cotleur would be willing to enter into an agreement to provide up to
$500,000 to do a test program as an additional public benefit for the waivers.
Councilmember Jablin moved approval of Resolution 44, 2006. Councilmember Levy moved
to add an amendment to Resolution 44, 2006 to add a condition to have the applicant fund a
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trial pilot transit program with the dollar amount not to exceed $500,000. Councilmember
Jablin seconded Councilmember Levy's substitute motion. Discussion ensued regarding what
would happen if a transit system was never developed. Councilmember Levy stated he would
agree to starting a transit system and /or affordable housing. Councilmember Jablin stated he
would second that substitute motion. Mr. Sapo stated, for the record, the applicant would
agree to a condition to fund a pilot transit program or if the City elected not to do that to
make the funds available for an affordable housing fund. The City Attorney read into the
record, additional condition of approval number 50: The applicant shall within 45 days of the
date of this development order enter into an agreement with the City to provide $500,000
funding for the creation and operation of a City transit program, and /or for an affordable
housing program. This agreement shall be in a form acceptable to the City Attorney.
Councilmember Levy and Councilmember Jablin withdrew their motions. Councilmember
Jablin made a motion to approve Resolution 44, 2006 with condition 50 added into the
development order as read into the record by the City Attorney. Councilmember Levy
seconded the motion, which carried by 3 -2 vote, with Vice Mayor Barnett and
Councilmember Valeche opposed. Mayor Russo called for developing a process to protect
against other high rise buildings; Councilmember Levy advised he would not vote for
another residential high rise.
Part II — Non -Quasi judicial
Ordinance 14, 2006 — (2nd reading and adoption) Amending the City of Palm Beach Gardens'
budget for fiscal year 2005/2006. 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 14, 2006 by title only on second reading. The
Deputy Finance Administrator provided a presentation. Councilmember Jablin made a
motion to adopt Ordinance 14, 2006 on second reading by title only. Councilmember Levy
seconded the motion, which carried by unanimous 5 -0 vote.
ITEMS FOR COUNCIL ACTION /DISCUSSION:
Councilmember Valeche distributed copies of a resolution he had presented in January and
advised he had since added an 8% cap following the workshop on this matter.
Councilmember Valeche felt this would put the budget on a more business like basis.
Discussion ensued. The present budget process was discussed. Councilmember Levy
suggested a range instead of a set cap and that it be a recommendation. The resolution did not
have the support to be placed on an agenda.
Councilmember Jablin requested a proclamation be done for Chatsworth, and Mayor Russo
commented a picture would be taken.
Councilmember Jablin noted there was $809,000 which was supposed to enhance the City
Hall Park, and asked for a phase -in plan for those funds. Mayor Russo requested a design
plan be brought back for discussion.
Councilmember Jablin suggested the City fund a reception for Scripps and invite all the
Cities and Scripps, and get private sponsorship for it. John Channing had called him the
previous day stating he would like to fund a party for Scripps, in their honor. Mayor Russo
suggested doing it around the ground breaking in October, and that the Councilmembers who
had not been there go on a trip to Scripps.
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/18/06
ADJOURNMENT
There being no further business o discuss, the e ing wa adjourned at 10:36 p.m.
APPROVAL:
ss
YOR RUSSO
COUN LMEMBER VY
C UNCILMEMBER VALECHE
ATTEST:
PATRICIA SNIDER, CMC
CITY CLERK