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HomeMy WebLinkAboutMinutes Council 072006CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING July 20, 2006 The July 20, 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 Barnett, Councilmember Jablin, Councilmember Levy, and Councilmember Valeche. A moment of silence was observed for the conflict in the Middle East. ADDITIONS, DELETIONS, MODIFICATIONS: Mayor Russo announced one modification, reporting that an error had been found in the legal description for Resolution 55, 2006 - Cimarron Cove, and a new legal description had been provided to each member of the Council. Councilmember Jablin made a motion to approve the modification as read into the record by Mayor Russo. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS: Vice Mayor Barnett reported the new Hospice and Palative Care unit had just opened at Palm Beach Gardens Medical Center. Councilmember Levy reported the Loxahatchee River Management Coordinating Council had met, and the vote to allow South Florida Water Management District to go from orange groves to sod on leased lands had failed. Councilmember Valeche reported he and the Vice Mayor had attended the Housing Leadership Council lunch, where the statistical study on affordable housing in Palm Beach County had been unveiled, which revealed the magnitude of the problem and showed the need for value added employers, including Scripps. Councilmember Valeche reported the City had been asked to become a sponsor of the Housing Leadership Council, which he felt was worthwhile, and suggested funding sources. Mayor Russo suggested the City Manager come back with a recommendation. Councilmember Levy reported he had attended his neighborhood Code Enforcement meeting, the changes were for safety, to increase housing values, and the Code Enforcement department would work with the residents. Vice Mayor Barnett advised the Housing Leadership Council needed funds, but also needed a toolbox to work with, and they were gathering information from around the country to use in the affordable housing program. Councilmember Jablin reported the lighting modifications on PGA Boulevard were to begin July 24. Mayor Russo advised he had been misquoted in a newspaper article regarding hiring a lobbyist, and the City already had a lobbyist; however, Commissioner Marcus had suggested the City join with West Palm Beach and Royal Palm Beach in hiring an attorney to represent them at DCA, which he felt was a good idea. Councilmember Levy made a motion to authorize the City Manager to hire the appropriate professionals to represent the interests of Palm Beach Gardens in reference to the Callery- Judge project. Councilmember Jablin seconded the motion. Vice Mayor Barnett clarified the City's concerns regarding traffic and quality of life if the county went ahead with their plan for western development. Councilmember Valeche requested a study on this matter. City Attorney Tatum described the next steps in the process. Motion passed 5 -0. Mayor Russo reported he had attended the Economic Development Advisory Board meeting and the Biotech Overlay Protection meeting and indicated he felt the North County area should be CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/20/06 2 aggressive in trying to attract biotech companies, and suggested Parcel 5A as a perfect location. Mayor Russo volunteered to sit on the new Life Science Advisory Board. Mayor Russo welcomed Boy Scouts present at the meeting. CITY MANAGER REPORT: Michael Busha - Treasure Coast Regional Planning Council to discuss the Planning Charrette - City Manager Ferris announced timelines had been provided for a charrette with resident participation. Mr. Busha gave a presentation advising what Treasure Coast Regional Planning Council did in providing a charrette. Vice Mayor Barnett indicated she felt that the charrette should not be provided by a local agency. During discussion, high rise development and affordable housing with focus on the PGA corridor was identified as potential subject matter for a charrette. Councilmember Jablin moved to authorize the City Manager to enter into a contract with a charrette facilitator. Councilmember Levy seconded the motion. Motion carried 4 -1 with Vice Mayor Barnett opposed. Fiscal Year 2007 Budget Presentation — Finance Director Allan Owens announced the proposed maximum millage rate of 5.86 %, a reduction of l .1 % from the prior year, and reviewed highlights of the general fund budget. Mr. Owens recommended increasing reserves to 17 %, and reported the Budget Committee agreed with the budget and with increasing the reserves. Staff recommendation was maximum operating millage of 5.7 and debt service millage of. 16, and setting the date and time for the first public hearing September 6 at 6 p.m. Councilmember Valeche questioned the projections which he felt did not fit with historical experience. City Manager Ferris recommended canceling the August 3, 2006 meeting because there was only one agenda item. Councilmember Jablin made a motion to cancel the August 3, 2006 City Council meeting and to move the agenda item to the August 17, 2006 meeting. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. COMMENTS FROM THE PUBLIC: Tom Sosey, Bent Tree, reported a newspaper article had indicated many people had been priced out of the housing market because their incomes had failed to keep up with runaway home prices, and asked that the City adopt a requirement that each development contain a portion of affordable housing, structured as had been done in Abacoa. Mr. Sosey advised he agreed with staff recommendation to deny Ordinance 21, 2006. Vito DeFrancesco, Shady Lakes, reported the Planning, Zoning and Appeals board had not agreed with the staff proposal to change the PGA overlay, and expressed his opinion that the money for the trolley should have gone to affordable housing. Mr. DeFrancesco felt developers were treated better than residents with Code Enforcement taking down lost dog signs and garage sale signs and leaving 43 signs in front of a new development when only one was allowed. Joan Elias, Diamond Head Way, reported a Police Officer and Emergency Medical Services stayed with her neighbor for over an hour when they informed her of the death of her son in the Bahamas, called the Bahamas for her, and stayed with her until a friend came. The neighbor had asked her to thank the City for its personnel going above and beyond the call of duty in this sad situation. CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/20/06 3 Roger Blangy, Hemlock Street, advised on the Department of Transportation case of the Kyoto Drive railroad crossing which had been determined to be unsafe, and an overhead crossing was suggested instead. Mr. Blangy requested a meeting on this matter, which was referred to the City Manager to report back to Mr. Blangy. Jordan Conners, Jensen Beach, with Resource Group, the City's lobbyist, offered their services on the issue with City of West Palm Beach and Royal Palm Beach; and reported he had helped Councilmember Valeche set up a meeting with the proper party to discuss zip codes and insurance rates. Representative Domino had been promised information on this issue by a Nationwide Insurance representative, and Mr. Conners hoped to get something passed on this in Tallahassee next year. Gus Constantine, Bedford Avenue, reported he and Councilmember Valeche had been working on the insurance issue for two years; and he had been told his automobile insurance would be $180 less per six months if his zip code was 33418. Councilmember Valeche noted this was a policy matter that the Insurance Commissioner's office would have to address, and he felt it would be appropriate for the City to get a class form that would have some standing to correct this unfair issue and suggested the residents meet with him and the City Attorney. CONSENT AGENDA: Councilmember Levy wanted to have a brief discussion on Items d and e. Councilmember Jablin made a motion to approve the consent agenda except items d and e. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. The following items were therefore approved on the consent agenda. a. Approve Minutes from the June 14, 2006 Workshop City Council meeting. b. Approve Minutes from the June 15, 2006 Regular City Council meeting. C. Resolution 75, 2006 - Addendum I to the Stand -By Agreement with Phillips & Jordon, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the Mayor and City Clerk to execute an Addendum I to the Stand -By Agreement with Phillips & Jordon, Inc. for Disaster Recovery Services as an alternate source; authorizing the Mayor and City Clerk to execute the addendum; and providing an effective date. f. Resolution 78, 2006 - Approve Work Authorization No. 1 to Martin Fence Company. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving Work Authorization No.I with Martin Fence Company to provide and install fencing component systems at the Lake Catherine Sports Complex; authorizing the Mayor and the City Clerk to execute said Agreement; and providing an effective date. g. Resolution 79, 2006 - Renewal of insurance benefits. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the renewals of Blue Cross Blue Shield of Florida, Policy Number 91062, Guardian Policy Number 407008, and Jefferson Pilot Financial Policy Numbers 000010074146 and 000010074147, for Fiscal Year 2006/2007; and providing an effective date. h. Resolution 80, 2006 — The Estates Easement Deed. A Resolution of the City Council of the City of Palm Beach Gardens, Florida granting a force main easement to Platinum I, LLC, and partially releasing a drainage easement to CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/20/06 4 Platinum I, LLC, related to construction of the "Estates Project "; and providing an effective date. i. Resolution 82, 2006 — Modifying schedule for City Council meetings. A Resolution of the City Council of the City of Palm Beach Gardens, Florida modifying the schedule for regular City Council meetings; and providing an effective date. Items d and a were pulled for discussion: d. Resolution 76, 2006 — Contract award to Musco Lighting, LLC. in an amount not to exceed $277,315. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a Contract with Musco Lighting, LLC for the purchase and installation of sports lighting at Lake Catherine Sports Complex via an existing Agreement with the City of Jacksonville; and providing for an effective date. e. Resolution 77, 2006 — Contract award to Musco Lighting, LLC. in an amount not to exceed $353,221. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a Contract to Musco Lighting, LLC for the purchase and installation of sports lighting at Plant Drive Park via an existing Agreement with the City of Jacksonville; and providing for an effective date. Staff advised that these lights used by the City of Jacksonville were identical to those used by the City and it was much cheaper to piggyback onto their contracts. Councilmember Jablin made a motion to approve items d and e of the consent agenda. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. PUBLIC HEARINGS: Part I — Quasi - judicial - Mayor Russo announced the procedure that would be followed in all of tonight's quasi-judicial cases. The City Clerk swore in all those intending to offer testimony in any of these cases. Resolution 60, 2006 — Gardens Home Management Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Gardens Home Management Plat; and providing an effective date. The City Clerk read Resolution 60, 2006 by title only. Mayor Russo declared the public hearing open and called for ex -parte communication. Each member of the Council reported none except Councilmember Levy who indicated he had spoken to Dan Clark. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin made a motion to approve Resolution 60, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 68, 2006 - Conditional use approval for Phase 2B. A Resolution of the City Council of the City of Palm Beach Gardens, Florida granting conditional use approval for the relocation of the previously approved Helistop and for the reduction of 5,800 square feet of Medical Office use for Phase 2B within Palm Beach Gardens Medical Center Planned Unit Development (PUD) located at the Southeast corner of Burns Road and Gardens East Drive, as more particularly described herein; providing for waivers; providing for conditions of approval; and providing an effective date. The City Clerk read Resolution 68, 2006 by title only. Mayor Russo declared the public hearing open and called for ex -parte communication. Each member of the Council reported none except Councilmember Levy, who indicated he had spoken to Anne Booth and discussed the waivers and purpose of moving the pad. Councilmember Jablin reported he spoke with Anne Booth. Hearing no comments from the CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/20/06 5 public, Mayor Russo declared the public hearing closed. Councilmember Jablin made a motion to approve Resolution 68, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 70, 2006 - The Frenchman's Yacht Club Development Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Frenchman's Yacht Club Development Plat; and providing an effective date. The City Clerk read Resolution 70, 2006 by title only. Mayor Russo declared the public hearing open and called for ex -parte communication. Each member of the Council reported none. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin made a motion to approve Resolution 70, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 22, 2006 — (2 °d reading and adoption). 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.] Resolution 53, 2006 — MXD Rezoning - A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the 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 of Elm 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.] 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 on second reading by title only, and Resolution 53, 2006 and Resolution 55, 2006 by title only. Mayor Russo declared the public hearing open and called for ex -parte communication. Each member of the Council reported none since the last meeting. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin made a motion to adopt Ordinance 22, 2006 on second reading by CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/20/06 6 title only. Councilmember Levy seconded the motion with the statement he still thought it was too heavy on the residential, which carried by unanimous 5 -0 vote. Councilmember Jablin made a motion to approve Resolution 53, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Councilmember Jablin made a motion to approve Resolution 55, 2006 with the amended legal description. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Part II — Non - Quasi - judicial Ordinance 16, 2006 — (2nd Reading and adoption) Public Notice Requirements. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to Public Notice Requirements; amending Section 78 -54, Code of Ordinances entitled "Public Notice," to amend certain requirements for public notice for development applications; providing for codification; and providing an effective date. The City Clerk read Ordinance 16, 2006 by title only on second reading. The Council indicated no staff report was necessary since those members not present at the first hearing had heard the presentation by telephone. Mayor Russo declared the public hearing open. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin moved adoption of Ordinance 16, 2006 on second reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 4 -0 vote, Councilmember Valeche was off the Diaz. RESOLUTIONS: Resolution 62, 2006 - Employment Agreement between the City and Professional Firefighters /Paramedics of Palm Beach County, Local 2928, IAFF, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving and ratifying a Collective Bargaining Agreement with Professional Firefighters and Paramedics of Palm Beach County, Local 2928, IAFF, Inc. employed by the City's Fire Rescue Department for Fiscal Years 2005 -2006, 2006 -2007, and 2007 -2008; authorizing the Mayor and City Clerk to execute said agreement; and providing an effective date. Councilmember Jablin moved approval of Resolution 62, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 74, 2006 — Proposed tentative Millage rate. A Resolution of the City Council of the City of Palm Beach Gardens, Florida adopting a proposed maximum millage rate for the City of Palm Beach Gardens for Fiscal Year 2006/2007; setting the date, time, and place of the first budget hearing; and providing an effective date. Councilmember Jablin moved approval of Resolution 74, 2006 setting the maximum millage rate at 5.70% and debt service at .16% and the dates for public hearings September 6, 2006 at 6 p.m. in the Council chambers and September 20, 2006 at 6 p.m. in the Council chambers. Councilmember Levy seconded the motion. During discussion of the motion, Councilmember Valeche indicated if approximately $900,000 was added to bring the pension plan up to date, spending would really be increased 13.6 %. Councilmember Valeche discussed the City's windfall from property valuations, and expressed his opinion that windfall should be shared with the residents by reducing taxes this year, and proposed increasing reserves by 15% and proposed a substitute motion of a maximum millage rate of 5.43 %. It was clarified that this motion was only setting the maximum, which could be reduced. The Vice Mayor asked for actual figures taxpayers would pay in specific examples of typical properties, the increase in pension for all employees spread in the budget and not in reserves, the economic incentive program broken out, transportation program broken out, and possible legal fees taken out of reserves and CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/20/06 7 placed into proper categories. Councilmember Valeche's substitute motion died for lack of a second. Councilmember Valeche expressed his opinion that to over fund reserves past the policy limit was not proper, and commented the City was collecting 20% more in ad valorem taxes this year. Motion carried by 4 -1 vote with Councilmember Valeche opposed. ORDINANCES: Ordinance 21, 2006 — Southampton Community Development District. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida establishing the Southampton Community Development District pursuant to the provisions of Section 190.005, Florida Statutes; designating the powers of the district; and providing an effective date. The City Clerk read Ordinance 21, 2006 on first reading by title only. Attorney Steve Sanford, with the firm of Greenberg Taurig, spoke on behalf of the petitioner, and answered questions from the City Council. Concerns expressed by City Council were the costs to the future residents of the development, that this would become a homeowners association, what would happen during hurricanes, and that this would add another layer of bureaucracy. Councilmember Valeche indicated he saw no detriment to the City. Discussion ensued. Councilmember Jablin made a motion to deny Ordinance 21, 2006. Vice Mayor Barnett seconded the motion, which carried by 4 -1 vote, with Councilmember Valeche opposed. ITEMS FOR COUNCIL ACTION /DISCUSSION: Discussion on future design plans and modifications for City Hall Plaza — Councilmember Jablin reported he had met with Jack Doughney several times and they had incorporated a plan using funds designated for that project. Charlotte Presensky provided a presentation in which it was indicated that indoor climate controlled space, food service capabilities, and positive social gathering space were missing from the golf course and were needed for continued success of social and cultural events. Dan Reedy provided a presentation for a proposed clubhouse at the golf course that would accommodate these needed items and possible funding. Mr. Doughney indicated staff would like to explore this with the Recreation Advisory Board. Discussion ensued. Concern was expressed whether residents would go that far away for events. Councilmember Valeche suggested holding a few events at the golf course to see what the attendance was. Staff was directed to explore this and do a survey of the residents. CITY ATTORNEY REPORT: Mayor Russo gave City Attorney Tatum a legal document he had received regarding the Vavrus case. CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/20/06 8 ADJOURNMENT There being no further business to discuss, the/nepfing vAg adjo)#hed at 10:39 p.m. APPROVAL: V COUNCILN4KBER LEVY 4 V I / CO NCILMEMBER VALECHE ATTEST: PATRICIA SNIDER, C C CITY CLERK 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.