HomeMy WebLinkAboutMinutes Council 061506CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
June 15, 2006
The June 15, 2006 Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 7:03 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.
ADDITIONS, DELETIONS, MODIFICATIONS:
Mayor Russo announced the following additions and deletions: addition under City Manager's
Report — Modernization of Palm Beach Gardens High school; addition under Items for Council
Action/Discussion -- Entry Sign Replacement Options; deletion of minutes of May 18, 2006
Regular City Council Meeting due to a scrivener's error. Councilmember Jablin made a motion
to approve the additions and deletion as read into the record. Councilmember Levy seconded
the motion, which carried by unanimous 5 -0 vote.
ANNOUNCEMENTS / PRESENTATIONS:
Florida Power and Light Hurricane Preparedness Plans — Don Kiselewski with Florida Power
and Light presented their preparations for the current season and hurricane plans for the future.
The standards that had been set were to harden the electrical network, invest in underground
conversion, step up pole inspections, accelerate line clearing, and make repairs from the last
hurricane season. Mr. Kiselewski urged that the council members contact him at any time, and
answered questions from the council.
ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS: Vice
Mayor Barnett reported she had attended the sub committee meeting on affordable housing,
and that the County Commission had postponed the CREA (Coastal Residential Exception
Area) amendment for the County South of PGA Boulevard, and the amendment for North of
PGA Boulevard had already been transmitted. The City had objected to the amendment that
had been transmitted. The City Attorney advised when the amendment came back the City
would have an opportunity to perfect their objection. Vice Mayor Barnett announced the
Economic Council had commissioned an affordable housing study which the City would be able
to use as a base for their discussions. The Vice Mayor reported that as liaison to the
Community Aesthetics Board, she had been asked to relay some of their concerns to the City
Council, one of which was starkness around Downtown at the Gardens, and their request was
to require larger plantings and more vegetation in new commercial areas, as required by code.
The City Manager indicated staff would look into that matter. Vice Mayor Barnett reported she
had attended the Traffic Safety Commission luncheon to present awards to Police Officers, and
thanked all the Officers involved in developing new programs. Councilmember Levy reported
attending the annual Flag Day celebration, and echoed the Mayor's comments that he was
proud to be an American. Councilmember Levy thanked Councilmember Valeche for attending
his neighborhood's block party, held to get to know neighbors for the purpose of crime
prevention. Councilmember Valeche reported he had attended his first meeting as a member of
Palm Beach County League of Cities, and the bulk of the time had been spent discussing the
proposal to allow dogs at outdoor restaurants with their owners. Councilmember Jablin
reported attending the Metropolitan Planning Organization meeting where there had been a
presentation on the Florida East Coast Corridor and linking all the Cities in the County up to
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/15/06
the County line by the Florida East Coast Railroad, in addition to Tri-Rail. The Metropolitan
Planning Organization was considering possible transit dollars for urban corridors with high
density, jobs, and commerce, and he would keep the Council posted regarding whether this
became a reality. Mayor Russo reported he had been in San Francisco and received a call from
Congressman Shaw advising he had been able to appropriate through the House $750,000 for
the City's future mass transit system. The Mayor announced he had attended the Bio Tech
Overlay meeting, and they were trying to get the other Cities to adopt procedures such as
expedited permitting. The Mayor reported the City and other Cities had filed objection to the
Callery-Judge development, and suggested a coordinated effort. Another concern was farmers
being allowed to rezone when surrounded by development. Consensus of Council was to join
with the other Cities in objecting to the Western development. Mayor Russo reported Zack
Minor, a Palm Beach Gardens graduate who was now in the Major Leagues and had
volunteered time helping kids who could not afford a baseball camp, was now 2 and 1.
CITY MANAGER REPORT:
Palm Beach Gardens High School Modernization Project: Michael Sanchez reviewed five
outstanding issues staff had with the current application from the School District to modernize
Palm Beach Gardens High School: Architecture, building colors, landscaping, parking, and the
traffic signal at Military Trail and Lilac Street. Discussion ensued. Councilmember Jablin
indicated he would attend a meeting regarding this subject which had been set up by
Commissioner Marcus. The City Attorney advised that the project must be consistent with the
comprehensive plan, and that frequently residents challenged these types of issues with school
boards.
COMMENTS FROM THE PUBLIC:
Eileen Tucker, Shady Lakes, expressed hope that members of the Budget Committee could
remain on that committee with more open communication between the members and the City.
Ms. Tucker indicated disappointment that the Charter Review Committee did not want to
discuss limiting waivers, expressed hope that decisions were not made using survey opinions as
a basis, commented the next election should reflect how the City voted on issues, discussed
salary increases, and asked to be informed if Borland had asked for any administrative changes.
Mayor Russo responded to Ms. Tucker's comments, and asked that she be part of the solution.
Pat Hughey thanked staff for the Flag Day observation, asked that at least two of the three
current Budget Oversight Committee members be kept on the committee, and expressed
concern about the high percentage of raises proposed for employees other than police and fire.
Mayor Russo read into the record Linda Hughey's question 1) Was last night's budget
workshop set up so residents could listen from home? Mayor Russo advised the budget
workshop had been on the phone system, and advised that was not currently possible but could
be looked at, and that disks of the meeting could be requested by residents, 2) Under consent
agenda — names of (1) Admin. Projects Coordinator (2) Planning Manager. Mayor Russo said
that names were not announced, only positions.
CONSENT AGENDA: Councilmember Jablin made a motion to approve the consent agenda,
without item a (already removed under Additions, Deletions and Modifications) and item e.
Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Therefore,
the following items on the consent agenda were approved:
b. Resolution 48, 2006 - Agreement for traffic control jurisdiction with Magnolia Bay
Gardens Homeowners Association. A Resolution of the City Council of the City of
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/15/06
Palm Beach Gardens, Florida approving an Agreement for traffic control jurisdiction
between the City of Palm Beach Gardens and Magnolia Bay Gardens Homeowners
Association, Inc.; and providing an effective date.
C. Resolution 56, 2006 - Approve a contract award to for Janitorial Services. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a
contract with United States Service Industries to provide janitorial services in municipal
buildings specified in invitation to bid #2006 -03; authorizing the Mayor and the City
Clerk to execute the contract; and providing an effective date.
d. Resolution 57, 2006 - Agreement with Natural Resources Conservation Services
(MRCS). A Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving a Project Agreement with Natural Resources Conservation Services to
provide financial assistance, and Change Order No. 3 for Murray Logan Construction,
Inc. for repairs to the Bellewood Canal caused by Hurricane Wilma; and providing an
effective date.
f. Resolution 65, 2006 — Additional official representatives of the City of Palm Beach
Gardens. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
amending Resolution 41, 2006, which designated the City Manager and the City's
Economic Development Director as the official representatives of the City of Palm
Beach Gardens, to include the Administrative Projects Coordinator and a Planning
Manager designated by the City Manager as additional official representatives of the
City of Palm Beach Gardens authorized to receive and distribute confidential
information pursuant to Section 288.075, Florida Statutes, relating to plans, intentions,
or interests of a private corporation, partnership, or person to locate, relocate, or
expand any of its business activities in the State of Florida; and providing an effective
date.
Consent Agenda Item e: Resolution 63, 2006 — Gardens Pointe Funding Agreement. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving a
Funding Agreement with Gardens Pointe LLC for the purpose of providing a commitment of
$500,000 to utilize for either a transit program or an affordable housing program; and
providing an effective date. Councilmember Jablin moved approval of item e; Councilmember
Levy seconded for discussion. Vice Mayor Barnett expressed concern that this resolution only
provided for a letter of credit rather than funding. The City Attorney advised this letter of credit
had been requested since it was not yet known which it would be applied to, either a transit
system or affordable housing. Mayor Russo expressed his opinion there must be a plan before
the money was obtained. Discussion ensued. Motion carried by 4 -1 vote with Vice Mayor
Barnett opposed.
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/15/06
PUBLIC HEARINGS:
Part I — Quasi- udicial - Mayor Russo announced procedures that would be followed in
tonight's quasi-judicial cases. The City Clerk swore in all those intending to testify in any of
tonight's cases.
Resolution 49, 2006 — Granting Conditional Use approval on the Vavrus Ranch site. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida granting Conditional
Use approval for certain agricultural uses for the approximately 4,760 -acre Vavrus Ranch site
located approximately five miles West of S.R. 710 (Beeline Highway) on the North side of
Northlake Boulevard and East of Grapeview Boulevard, as more particularly described herein;
providing conditions of approval; and providing an effective date. The City Clerk read
Resolution 49, 2006 by title. No ex -parte communications were reported. Mayor Russo
declared the public hearing open. Ed Weinberg, President of E. W. Consultants, presented the
proposed conditional use on behalf of the applicant, and answered questions from the Council.
Hearing no comments from the public, Mayor Russo declared the public hearing closed.
Councilmember Jablin moved approval of Resolution 49, 2006. Councilmember Levy seconded
the motion, which carried by unanimous 5 -0 vote.
Ordinance 15, 2006 — Qt reading, Village Square Professional Park. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida approving an amendment to Ordinance 10,
1999 and Ordinance 25, 2002 relating to the zoning of the Village Square Professional Park
Phase II Planned Unit Development (PUD) to transfer the master plan approval and related
conditions to Resolution 51, 2006; and providing an effective date. [Resolution 51, 2006 is a
companion item to Ordinance 15, 2006 and will require Council action at second reading.]
Resolution 51, 2006 - Village Square Professional Park. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida approving an amendment to the Village Square
Professional Park Phase II Planned Unit Development (PUD), generally located on the West
side of Prosperity Farms Road, South of its intersection with RCA Boulevard, as more
particularly described herein, to allow the construction of Building 500 and other minor
modifications to the approved use square footages; providing waivers; providing conditions of
approval; and providing an effective date. The City Clerk read Ordinance 15, 2006 by title. No
ex -parte communication was reported. Rick Warner presented the project on behalf of the
applicant, and answered questions from the Council. Mayor Russo declared the public hearing
open; hearing no comments from the public, Mayor Russo declared the public hearing closed.
Councilmember Jablin moved to place Ordinance 15, 2006 on first reading by title only.
Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
Ordinance 22, 2006 — (ls' reading) Cimarron Cove. An Ordinance of the City Council of the
City of Palm Beach Gardens, Florida rezoning a parcel of land consisting of 50.58 acres,
generally bounded by Interstate 95 and Central Boulevard to the West, the future extension of
Victoria Falls Boulevard to the North, the future extension of Elm Avenue to the East and the
Paloma Planned Unit Development (PUD) to the South, as more particularly described herein,
from a Planned Development Area (PDA) zoning designation to a Mixed -Use Planned
Community District (MXD/PCD) overlay zoning designation to be referred to as the "Parcel
31.04 MXD/PCD "; amending the zoning district map; and providing an effective date.
[Resolution 53, 2006 is a companion item to Ordinance 22, 2006 and will require Council
action at second reading.] Resolution 53, 2006 — Cimarron Cove MXD Rezoning - A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/15/06
master development plan for the 50.58 -acre parcel 31.04 Mixed -Use Planned Community
Development (MXD/PCD), generally bounded by Interstate 95 and Central Boulevard to the
West, the future extension of Victoria Falls Boulevard to the North, the future extension ofElm
Avenue to the East, and the Paloma Planned Unit Development (PUD) to the South, as more
particularly described herein, to allow the development of 15, 000 square feet of restaurant use,
4,000 square feet of drive -in bank use, 12,000 square feet of drugstore use, 11,600 square feet
of commercial retail use, 10,000 square feet of professional office use, and 252 multi - family
units, on three parcels; providing for one waiver; providing for conditions of approval; and
providing an effective date. [Resolution 55, 2006 is a companion item to Ordinance 22, 2006
and will require Council action at second reading.] Resolution 55, 2006 — Cimarron Cove new
residential. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the master development plan for the 24.17 -acre "Parcel C" of the Parcel 31.04
Mixed -Use Planned Community Development (MXD/PCD), generally bounded by Interstate 95
and Central Boulevard to the West, the future extension of Victoria Falls Boulevard to the
North, the future extension of Elm Avenue to the East, and the Paloma Planned Unit
Development (PUD) to the South, as more particularly described herein, to be referred to as
"Cimarron Cove ", to allow the development of 204 townhouse units; providing for waivers;
providing for conditions of approval; and providing an effective date. The City Clerk read
Ordinance 22, 2006 by title only. Mayor Russo declared the public hearing open. Vice Mayor
Barnett reported no ex -parte communication. Councilmember Levy reported attending a
meeting with the applicant that included Marty Minor and John Gary. Councilmember Valeche
and Councilmember Jablin both reported attending a meeting with the applicant that included
Marty Minor, John Gary, and John Tuma. Mayor Russo reported attending a meeting with the
applicant's full team and Mike Sanchez. Marty Minor presented the project. Ken Tuma
reviewed the architecture and requested waivers. Hearing no comments from the public, Mayor
Russo declared the public hearing closed. Councilmember Jablin moved to place Ordinance 22,
2006 on first reading by title only. Councilmember Levy seconded the motion for discussion,
indicating he felt there should be less residential and more industrial space. Staff reported
conversion of land uses could be considered. Discussion ensued. Motion carried 5 -0.
Part II — Non -Quasi - judicial
Ordinance 8.2006 — (2nd reading and adoption) Amending Article III of the City ofPalm Beach
Gardens Code of Ordinances, Entitled Police Officers' Retirement Trust Fund. An Ordinance of
the City Council of the City of Palm Beach Gardens, Florida relating to the Police Officers'
Retirement Trust Fund; amending Section 50 -116, Code of Ordinances, entitled "Normal
Retirement "; amending Section 50 -135, Code of Ordinances, entitled "Annual Adjustments ";
amending Section 50 -136, Code of Ordinances, entitled "Monthly Supplemental Benefits ";
providing for codification; and providing an effective date. The City Clerk read Ordinance 8,
2006 on second reading by title only. Mayor Russo declared the public hearing open. Finance
Director Allan Owens reported a study had been conducted since first reading as directed by
the City Council. An actuary from the consultant firm which had conducted the study reported
their findings, and answered questions from the City Council. Bob O'Dell, Palm Beach County
Police Benevolent Association, spoke in favor of the proposed enhancement. Councilmember
Jablin moved to adopt Ordinance 8, 2006 on second reading by title only. Councilmember Levy
seconded the motion, which carried by unanimous 5 -0 vote.
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/15/06
RESOLUTIONS:
Resolution 58, 2006 - Amendment to the defined contribution retirement plan A Resolution of
the City Council of the City of Palm Beach Gardens, Florida approving an Amendment to the
Defined Contribution Retirement Plan administered by the ICMA Retirement Corporation for
City Employees; and providing an effective date. The City Clerk read Resolution 58, 2006 by
title. Finance Director Allan Owens presented the proposed amendment, and answered
questions from the City Council. The City Council discussed the proposal, including the
proposed increase in contribution, going to a defined benefit plan, that the budget oversight
committee had not reviewed this, that the Florida Retirement System should be looked at. Jay
Spencer, Police Department, expressed appreciation for everything done for the police, stated
his opinion that the general employees deserved a defined benefit plan, and advised that the
Florida Retirement System was the number one retirement plan in the Country. Bob O'Dell,
Palm Beach County Police Benevolent Association, favored a defined benefit plan for the
general employees. David O'Neill, Police Lieutenant with the City, spoke in support of the
general employees. Fire Chief Pete Bergel spoke regarding the fine recreation and growth
management departments and the enhanced quality of the City provided by the general
employees, and urged Council to place the general employees into the Florida Retirement
System. City Manager Ron Ferris urged the Council to approve the 6% increase for the General
employees tonight, and explained the employees in 401 plans were on the lower end of the pay
range and their lower amounts were therefore not the results of poor investment decisions. The
City Manager asked to work with the budget committee and find a way to meet everyone's
needs. Councilmember Jablin made a motion to approve Resolution 58, 2006. Councilmember
Levy seconded the motion, and expressed his opinion that contributions into both plans should
be the same. The City Manager indicated that could be addressed by the budget committee.
Councilmember Valeche wanted to wait to see how many joined the Florida Retirement System
and then see how many were left to deal with. Mr. Owens noted the City Council could amend
the contribution amount at any time. Mayor Russo indicated he was in favor. Motion carried by
4 -1 vote with Councilmember Valeche opposed.
Resolution 64, 2006 — Budget Oversight Committee. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida re- establishing the Budget Oversight Committee;
providing a purpose, powers and duties, membership, and meetings; and providing an effective
date. The City Clerk read Resolution 64, 2006 by title. Councilmember Jablin made a motion to
approve Resolution 64, 2006. Councilmember Levy seconded the motion, which carried by
unanimous 5 -0 vote. The City Clerk clarified that the advertisement had been made, there were
not yet any new applications, and current members would stand until replaced.
ITEMS FOR COUNCIL ACTION/DISCUSSION:
Discussion on IPARC — Interlocal Plan Amendment Review Committee and CREA — Coastal
Residential Exception Area. (Deadline for objection is July 4, 2006.) Mayor Russo noted this
item had already been discussed.
Discussion of Entry Sign Replacement Options — Dan Clark advised residents were asking for
damaged or tattered signs to be replaced, and current code required all signs to come before
City Council for approval, which was costly, and asked if a resolution could be presented for
staff to replace signs City -wide. Consensus was favorable, and for staff to bring this back as a
resolution on the consent agenda.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/15/06
CITY ATTORNEY REPORT:
City Attorney Tatum advised she had prepared a letter for the Mayor's signature urging the
Governor to veto House Bill 1015, which would give preferential treatment to agricultural
lands with 75% of their borders already developed. Consensus of Council was for Mayor Russo
to sign the letter. The City Attorney also reported she would be sending a memo to the Council
regarding issues raised at the last meeting about a moratorium, forbearance, or zoning in
progress.
Councilmember Jablin suggested a RFQ - Request for Qualifications or RFP — Request for
Proposal for the plaza area, possibly allowing $15,000 to each of the top three design/build
proposals for the Municipal plaza, in order for those top three to present computer aided plans.
Staff was directed to place this item on the July 20, 2006 agenda for discussion.
ADJOURNMENT
There being no further business to discuss, t� e rVeting was a ourned at 10:39 p.m.
APPROVAL:
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COUNCILULMBER LEVY
ER VALECHE
ATTEST:
P TRICIA SNIDER, CMC
CITY CLERK
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Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim
transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk.