HomeMy WebLinkAboutMinutes Council 081706CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
August 17, 2006
The August 17, 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.
ADDITIONS, DELETIONS, MODIFICATIONS:
Mayor Russo announced proposed changes to the agenda. Councilmember Jablin moved
approval of the following additions, deletions, and modifications: Addition under City
Manager Report — (a) Board of County Commissioners Agenda (1) Coastal Residential
Exception Area (2) Workforce Housing; (b) Signature City Magazine fall activities; under
Resolutions: Resolution 99, 2006 PGA National Traffic Control Agreement. Deletions:
Under Public Hearings Part 1 Quasi Judicial: Resolution 66, 2006: Applicant requested
postponement to the 9/6/06 meeting; and Resolution 87, 2006: Applicant requested
postponement to the 9/6/06 meeting. Modification: To move Resolution 99, 2006 to the first
resolution to be heard. Councilmember Levy seconded the motion, which carried by
unanimous 5 -0 vote.
ANNOUNCEMENTS / PRESENTATIONS:
Mayor Russo announced the promotion of Kara Irwin to the position of Growth
Management Administrator.
Recognition of Major John Bunch on his Retirement — Mayor Russo recognized the service
of Major Bunch and presented him with a retirement badge and ID card. Major Bunch
expressed his appreciation.
ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS:
Vice Mayor Barnett announced Best Buy had opened in Legacy Place. The Vice Mayor
commented although the City had no control over growth along the City's borders, they did
have input. Councilmember Levy reported that redevelopment of the PGA National Park on
Northlake Boulevard had been the subject of discussion at the last Parks and Recreation
Advisory Board meeting and invited everyone to attend a walkthrough with a consultant on
October 7, at 9 a.m. and provide their input. Councilmember Valeche announced August 26,
2006 from 2 p.m. to 6 p.m. had been designated by the County as Post 25, Viet Nam
Veterans Day. Founded by Palm Beach Gardens resident Tom Cory, and the Viet Nam
Veterans, all other veterans are invited to attend the event which would be held across from
the Palm Beach County Sheriff s office. Councilmember Jablin reported ribbon cuttings at
the Turnpike Interchange and at Best Buy, read a list of those who had contributed to the
interchange, and reported that at the ribbon cutting for Best Buy he had dedicated Best Buy
and Legacy Place to Hank Skokowski for his work on that project. Mayor Russo announced
he had received a letter from the Governor saying he believed it was not in the best interest to
veto the bill on western development. Mayor Russo reported he had met with Commissioner
Marcus and members of the Honda Classic to elevate the event next year. The Mayor
thanked Joel Channing for his work bringing Chess events to the City, and expressed
appreciation that the City had been given a U.S. Chess Federation award honoring Palm
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/17/06 2
Beach Gardens as 2006 Chess City of the Year.
CITY MANAGER REPORT:
Board of County Commissioners Agenda — City Manager Ron Ferris announced the
proposed amendment to the Coastal Residential Exception Area and Workforce Housing
would be coming up on the County Commissioners' August 21 meeting. Vice Mayor Barnett
read proposed language to replace the County's proposed language, which was supported by
the City Council. Mayor Russo announced that the Vice Mayor and staff would attend that
meeting.
Signature City Magazine - Fall activities — The City Manager announced copies were
available for the residents and asked for input to make the information better.
Mayor Russo announced the City Manager was working on the planning charrette and would
provide a report at the first meeting in September.
COMMENTS FROM THE PUBLIC:
Carol Estrada, Riverside Drive, reported she had not known the last meeting had been
cancelled since the information in the newspaper was not correct. Mayor Russo advised a
decision had been made that next year only one regular meeting would be held during the
months of July and August. Ms. Estrada asked that the City pass a harassment law, and
suggested when new residents had their water turned on that Seacoast Utilities, hand out
brochures giving City requirements and schedules. Consensus of Council was to look into a
harassment law.
Tom Sosey, Bent Tree, commented about the 2007 City budget and how it addressed the
pension plans, asked if the Budget Committee's report had been made, and requested that it
be shared with the citizens, especially in regard to the pension plans. City Manager Ferris
announced that the budget would be presented at the September 6, 2006 meeting. Mayor
Russo announced that the two September meetings would be held on Wednesday nights.
Marilyn Hartman, representing Magnolia Bay subdivision, advised that Magnolia Bay, The
Isles, and Evergrene paid for the medians on Military Trail and Hood Road, which was quite
costly for Magnolia Bay, and asked that the City assume the maintenance responsibility. The
City Manager advised the City could help with the cost and a staff member would contact
Ms. Hartman.
Suzanne Archer, Sandalwood Meridian Park Subdivision, commented how the community
had been violated in reference to hurricane repairs. Ms. Archer submitted documents and
noted she had photographs of all the work. Mayor Russo requested a report on this situation.
Pat Hughey, Reed Drive, expressed concerns for the proposed meeting facility at the public
golf course, asked many questions, and urged that the project be placed in the hub of the
City.
Vito DeFrancesco, Shady Lakes, commented that an agenda item tonight to change the
LDR's (Land Development Regulation's) would be granting a special interest to allow
Christmas lights year round and the PGA Overlay would be changed. Mr. DeFrancesco
advised the law had been changed so that there were many more liquor licenses. Mr.
DeFrancesco expressed his opinion developers were given special treatment, and provided
pictures of code violations.
Eileen Tucker, Shady Lakes, suggested the harassment law mentioned earlier be published in
the City's newsletter, and noted that Lauren Furtado had been very instrumental in getting the
turnpike access at the Beeline Highway.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/17/06 3
Paul Auerbach, Gardens of Woodberry, asked the City Council to suggest an amendment to
the Charter, the LDR and the comprehensive plan to restrict waivers, easements, and granting
of special privileges to any of the zoning codes in excess of 25% except by referendum paid
for by the proponent. Mr. Auerbach asked that the complete proposed budget be posted on
the website and then a meeting be held to discuss it. Mr. Auerbach indicated he was not in
favor of high rises. Mayor Russo invited him to attend the planning charrette. The Mayor
indicated any changes to the Charter should come from the Charter Review committee.
CONSENT AGENDA:
Councilmember Jablin made a motion to approve the Consent Agenda. 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 July 6, 2006 Regular City Council meeting.
b. Resolution 88, 2006 — Authorize Letters of Agreements for vehicle towing
services. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving agreements for vehicle towing services via
request for proposal, and setting the maximum towing charges; authorizing
the Mayor and the City Clerk to execute said agreements; and providing an
effective date.
C. Resolution 89, 2006 - Authorize an Agreement with Port Consolidated Inc. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving an agreement with Port Consolidated, Inc. for the purchase of
unleaded gasoline and fuel oil via an existing bid issued by the State of
Florida (Bid Number 405- 000- 04 -1); authorizing the Mayor and the City
Clerk to execute said agreement; and providing an effective date.
d. Resolution 92, 2006 - Approve a contract with Total Maintenance Building
Services, Inc. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving an agreement with Total Maintenance Building
Services, Inc. for Mowing and Landscaping Services; and authorizing the
Mayor and City Clerk to execute such agreement; and providing an effective
date.
C. Proclamation — Good Neighbor Day.
PUBLIC HEARINGS:
Part I — Quasi- judicial - Mayor Russo announced the quasi - judicial procedures. The City
Clerk swore in all those intending to offer testimony in any of tonight's cases.
Resolution 83, 2006 - MacArthur Parcel 5B Replat. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving the MacArthur Parcel 513 Replat; and
providing an effective date. The City Clerk read Resolution 83, 2006 by title. Mayor Russo
declared the public hearing open. No ex -parte communication was disclosed.
Councilmember Jablin moved approval of Resolution 83, 2006. Councilmember Levy
seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 85, 2006 — Master Signage Program. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida approving the Master Signage Program for Midtown (F.K.A.
Borland Center) Planned Unit Development (PUD), as described more particularly herein;
providing for waivers; and providing an effective date. The City Clerk read Resolution 85,
2006 by title. Mayor Russo declared the public hearing open. Ex -parte communication was
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/17/06 4
disclosed by Councilmember Jablin, who indicated he had met with the petitioner.
Donaldson Hearing presented the project on behalf of the applicant and answered questions
from the City Council. Growth Management Director Kara Irwin confirmed staff was
comfortable with the proposed signage. Vito DeFrancesco, Shady Lakes, expressed concern
with the number of monument signs on the front, and the second story sign on G building,
and asked that the applicant not be allowed to come back to request more signage later. Mr.
DeFrancesco indicated he had provided photos of signage of all major developments on PGA
Boulevard. The applicant agreed to commit to not coming back to request additional signage.
Councilmember Jablin moved approval of Resolution 85, 2006. Councilmember Levy
seconded the motion. Councilmember Levy expressed his opinion the monument signs were
overly large; the applicant agreed to bring a rendering to the next meeting. Councilmember
Jablin withdrew his motion. Councilmember Levy withdrew his second. Councilmember
Jablin made a motion to approve Resolution 85, 2005 without the monument signs on PGA
Boulevard, which would be brought up at a later date. Councilmember Levy seconded the
motion. Staff confirmed this would be added to the next agenda. Motion carried by
unanimous 5 -0 vote.
Resolution 86, 2006 — Approval of an amendment to the Banyan Tree Planned Unit
Development (PUD). A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving an amendment to the Banyan Tree Planned Unit Development (PUD)
located on the Northeast and Northwest corners of the intersection of Macarthur and
Northlake Boulevards, as more particularly described herein, to allow the construction of an
office building consisting of 30,000 square feet of medical office space and 20,000 square
feet of professional office space on Phase II of the PUD; and an extension of the build out
date of the PUD to December 31, 2008; providing additional waivers; providing additional
conditions of approval; and providing an effective date. The City Clerk read Resolution 86,
2006. Mayor Russo declared the public hearing open and called for ex -parte communication.
Vice Mayor Barnett, Councilmember Jablin, and Councilmember Valeche each disclosed
they had met with the petitioner. Councilmember Levy reported he had met with Gary
Gottlieb and Ryan Johnston and discussed parking, architecture, and agreements with
neighbors. Mayor Russo indicated he met with no one and discussed it with no one.
Councilmember Jablin made a motion to continue the public hearing to later in this meeting
to allow the applicant time to go get his presentation. Councilmember Levy seconded the
motion, which carried by unanimous 5 -0 vote.
Resolution 91, 2006 — Frenchman's Yacht Club Master Signage Program. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida approving the Master Signage
Program for Frenchman's Yacht Club Planned Unit Development (PUD), which is included
in the Frenchman's Creek Development of Regional Impact / Planned Community
Development (DRI /PCD), as described more particularly herein; providing for waivers; and
providing an effective date. The City Clerk read Resolution 91 by title only. Mayor Russo
declared the public hearing open and called for ex -parte communication. Each member of the
City Council reported no ex -parte communication. Dodi Glas, Gentile Holloway &
O'Mahoney, presented the project on behalf of the applicant and answered questions from
the City Council. Hearing no comments from the public, Mayor Russo declared the public
hearing closed. Councilmember Jablin made a motion to approve Resolution 91, 2006.
Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/17/06 5
Part II — Non - Quasi - judicial
Resolution 81, 2006 - Replacement and /or maintenance of residential entrance signs. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the
City Manager to administratively approve the replacement of existing residential entrance
signs within public rights -of -way, and execute easement agreements for the signs on behalf
of the City; providing for conditions of approval; and providing and effective date. The City
Clerk read Resolution 81, 2006 by title. Mayor Russo declared the public hearing open.
Principal Planner Todd Miller presented the City initiated request. Councilmember Levy
requested a policy that if a sign was located in the right -of -way of other properties that those
property owners be notified. Hearing no comments from the public, Mayor Russo declared
the public hearing closed. Councilmember Jablin made a motion to approve Resolution 81,
2006. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 87, 2006 - Approving an amendment to Resolution 114, 2005. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida approving an amendment to
Resolution 114, 2005, which approved the Oak Park Planned Unit Development (PUD),
located on the West side of Prosperity Farms Road, 1,277 feet South of PGA Boulevard, as
described more particularly herein, to allow for the modification of a condition of approval
relating to platting; and providing an effective date. The City Clerk read Resolution 87, 2006
by title. Mayor Russo declared the public hearing open. Hearing no comments from the
public, Mayor Russo called for a motion to continue the public hearing. Councilmember
Jablin made a motion to continue the public hearing for Resolution 87, 2006 to a date certain
of September 6, 2006. Councilmember Levy seconded the motion, which carried by
unanimous 5 -0 vote.
RESOLUTIONS:
Resolution 99, 2006 - A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving an amendment to the PGA National Traffic Control agreement in order to
limit vehicular access on Ryder Cup Boulevard between the hours of 9:00 p.m. and 6:00
a.m.; authorizing the Mayor and City Clerk to execute the amendment; and providing an
effective date. Attorney Gary Fields presented the request to change the access time at the
Ryder Cup gate which needed City approval of the agreement before final approval by the
county. Mayor Russo provided a history of this agreement, previously approved by the
Council 2 -1/2 years ago. Joan Elias, 1009 Diamond Head Way, President of CAN
(Community Awareness Network) at PGA National, advised their board had approved this
many years ago. Suzanne Archer asked if she would be restricted from going through PGA
National. Mayor Russo advised Ryder Cup was a private road. Councilmember Jablin made a
motion to approve Resolution 99, 2006. Councilmember Levy seconded the motion, which
carried by unanimous 5 -0 vote.
Reopen the public hearing on Resolution 86, 2006 —
Resolution 86, 2006 — Approval of an amendment to the Banyan Tree Planned Unit
Development (PUD). A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving an amendment to the Banyan Tree Planned Unit Development (PUD)
located on the Northeast and Northwest corners of the intersection of Macarthur and
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/17/06 6
Northlake Boulevards, as more particularly described herein, to allow the construction of an
office building consisting of 30,000 square feet of medical office space and 20,000 square
feet of professional office space on Phase 11 of the PUD; and an extension of the build out
date of the PUD to December 31, 2008; providing additional waivers; providing additional
conditions of approval; and providing an effective date. Mayor Russo re- opened the public
hearing. Ryan Johnston provided a presentation on behalf of the applicant. Members of the
project team responded to questions from the City Council. Carol Estrada, Riverside Drive,
asked about uses, building height, and expressed traffic concerns, which were addressed by
Mr. Johnston. Hearing no further comments from the public, Mayor Russo declared the
public hearing closed. Councilmember Jablin made a motion to approve Resolution 86, 2006.
Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
RESOLUTIONS (CONTINUED)
Resolution 84, 2006 - Membership into the Florida Retirement System. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida declaring the City's intent to
participate in the Florida Retirement System for General Employees, including Elected
Officials and Senior Management Employees, effective on or about October 1, 2006;
providing that all General Employees, including Elected Officials and Senior Management
Employees, hired by the City on or after the effective date of the City's participation in the
Florida Retirement System shall become members of the Florida Retirement System;
providing that all General Employees who are participating in another City retirement plan
on the effective date of the City's participation in the Florida Retirement System shall have
the right to elect to continue participating in such plan or transfer to the Florida Retirement
System; providing for the City's purchase of past service under the Florida Retirement
System for eligible employees; authorizing the City Manager to enter into agreements with
the Florida Division of Retirement to accomplish the intent of this Resolution; providing for
withholding Social Security contributions from Employees' pay; providing for payment of
required Florida Retirement System contributions by the City; providing for the
establishment, maintenance, and submission of such records as may be required for
participation in the Florida Retirement System; providing that the City's decision to
participate in the Florida Retirement System shall be irrevocable; and providing an effective
date. Finance Director Allan Owens presented the proposed resolution and answered
questions from the City Council. Councilmember Jablin made a motion to approve
Resolution 84, 2006. Councilmember Levy seconded the motion, which carried by
unanimous 5 -0 vote.
Resolution 96, 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 to provide for the voluntary waiver of benefits by
plan participants; and providing an effective date. The City Attorney explained that if
approved, language would be added to make it perfectly clear that the waiver by employees
would be for only the City contribution, not their own contribution. Councilmember Jablin
made a motion to approve Resolution 96, 2006 with the intent stated by the City Attorney.
Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 90, 2006 - Allowing Concurrent Processing. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida allowing the concurrent processing of an
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/17/06 7
annexation, Planned Unit Development (PUD), and a Comprehensive Plan Amendment for
the 10 -acre parcel located at the Northwest corner of Alternate AIA and Hood Road;
approving a concurrent processing agreement; and providing an effective date. Staff clarified
the applicant had signed a Hold Harmless Agreement. A presentation was provided by
Jennifer Morton, Land Design South. Councilmember Jablin made a motion to approve
Resolution 90, 2006. Councilmember Levy seconded the motion, which was approved by
unanimous 5 -0 vote.
Resolution 93, 2006 - Adopting a Fees & Charges Schedule for FY 2006/2007. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida updating the schedule of fees
and charges for various services rendered by the City of Palm Beach Gardens for its citizens
and other members of the public for fiscal year 2006/2007; and providing an effective date.
Mary Anderson, Deputy Finance Administrator, provided a presentation. Councilmember
Jablin made a motion to approve Resolution 93, 2006. Councilmember Levy seconded the
motion, which was approved by unanimous 5 -0 vote.
ORDINANCES:
Ordinance 26, 2006 - W' reading) - Amendment to the City's Code of Ordinances. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida, related to
Illumination of Buildings and Uses; amending Section 78 -182, Code of Ordinances, entitled
"Lighting Regulations; amending Section 78 -751, Code of Ordinances, entitled
"Definitions "; providing for codification; and providing an effective date. The City Clerk
read Ordinance 26, 2006 by title only. Senior Planner Steven Mayer presented the proposed
code revisions. Staff clarified The Commons under current code was allowed to keep their
holiday lights on all year since they were integrating to the form of the building.
Councilmember Jablin made a motion to place Ordinance 26, 2006 on first reading by title
only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
ITEMS FOR COUNCIL ACTION /DISCUSSION:
Facilities Expansion Project - City Engineer Dan Clark spoke about the need for protection
of the equipment and records in the Information Technology Department during storm events
as well as during day -to -day business, and explained how growth had reduced efficiency in
the current City Hall. A new hurricane protected facility was proposed. The new space would
provide hurricane hardened areas for storage and safety, and uses were proposed for a second
story to relieve space needs in the current facility. Improvements to the plaza area could also
be addressed if desired, as well as looking at the idea of indoor City functions in the
proposed facility instead of at the City's golf course. Discussion ensued. Councilmember
Jablin made a motion to initiate the facilities expansion project including plaza
improvements and to authorize the City Manager to investigate funding. Councilmember
Levy seconded the motion, which carried by unanimous 5 -0 vote.
Housing Leadership Council - Councilmember Valeche requested the City consider joining
the Housing Leadership Council, and advised that at the next meeting, the Northern Palm
Beach Chamber could have a representative present. Consensus of council was to consider
this at the next meeting.
Cost of Charrette — Councilmember Valeche suggested the City do a planning charrette on
high rises as a town hall meeting instead of spending money to hire an outside professional.
Vice Mayor Barnett suggested spending that money to put this item on the ballot. The City
Manager explained how the charrette would involve the public. Linda Hughey, Reed Drive,
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/17/06 8
suggested investigating to see if a college would do a charrette, or if the Chamber of
Commerce would do it and include northern neighbors. Discussion ensued on the importance
of involving the public, public perception, and protecting the City. The City Manager was
given direction to find a professional at the lowest cost possible.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/17/06 9
ADJOURNMENT
There being no further business to discuss, t1f m ;etng vas�djourned at 11:11 p.m.
APPROVAL:
COUN MEMBER L VY
.ri
COAINCILMEMBER VALECHE
ATTEST:
PA RICIA SNIDER, CMC
CITY CLERK