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HomeMy WebLinkAboutMinutes Council 120706CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING December 7, 2006 The December 7, 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. A moment of silence was observed for the passing of a long -time resident, Betty Marks. A moment of silent prayer was held for Sheryl Stewart, Human Resources Director, whose one - year -old son was fighting for his life. 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: Proposed additions: Investigative Review by Palm Beach Gardens Police Department into the Bent Tree Property Owners /Hovstone Properties, Inc. Mitigation Agreement, to follow the Mayor's comments, and addition of discussion of mineral rights purchased on Briger property to be added under Items for Council Action. Councilmember Jablin moved approval of the proposed additions. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Mayor Russo commented that during the last week there had been a newspaper article alleging corruption within the City of Palm Beach Gardens, to which he personally took offense. The Mayor reported he believed residents had been included in the growing process of the City, advised that there was an Ordinance that required developers to first meet with residents, expressed his belief the process had been done properly, and commented on projects that were better because of resident participation. The Mayor indicated there was work to be done on this issue, but to allege corruption was unfair to the members of the Council; that when everyone came together to work on a project it was better for all; it was wrong for anyone to receive money, and he wanted the City to be sure that never happened again. The City Manager addressed erroneous reporting in Palm Beach Post articles which placed the Council in an unflattering light unnecessarily, and advised the true information was available for the Council and for the newspaper if they wished to print the truth. Councilmember Valeche provided background on the project known as South Hampton, which abutted the Bent Tree community, and was the subject of the newspaper article. Councilmember Valeche explained that during the approval process, the developer had worked with staff and the residents and had changed the plans for 3 -story buildings next to Bent Tree to 2 -story buildings, and had also addressed a number of other issues to which surrounding residents had objected. At time of approval, the staff and residents had been supportive of the project. Police Lt. Glenn Brown presented a time line power point presentation of the whole situation. Mayor Russo requested the City Attorney provide at the next meeting a suggestion of how to make sure no residents received dollar payments, without prejudicing any quasi-judicial proceeding. ANNOUNCEMENTS / PRESENTATIONS: Final report on the Charrette by Glatting Jackson — Dave Barth of Glatting Jackson presented the final report which summarized major findings from the two workshops on October 25 and November 1, 2006, to get a sense of how residents felt about building heights for the future of the City. Approximately 150 residents had participated. Findings had been that there was general consensus on locations where tallest buildings and mid -rise buildings were CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/7/06 2 appropriate; there was a clear lack of consensus on building heights along the Intracoastal waterway, and further study on this was needed; and that people were just as concerned about quality of life and protecting existing neighborhoods as they were about specific building heights, and concerned regarding the impacts of growth on the City and the impacts of design of buildings and landscaping. Mayor Russo reported he felt the consensus of the residents was they wanted building heights compatible with existing neighborhoods, no more traffic impact, and if high buildings were allowed they wanted more landscaping, plus to have high buildings located along 1 -95 and the turnpike. The Mayor indicated this report would be received by staff to provide a recommendation to the City Council. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS: Vice Mayor Barnett reported the Community Aesthetics Board had discussed planting a tree at Sandhill Crane Park in memory of former board member Bettie Marks. The Vice Mayor invited everyone to participate in upcoming Arbor Day events. Councilmember Levy reported the City did as much as possible for veterans, and acknowledged the sacrifices made at Pearl Harbor. Councilmember Levy complained that the PGA Bridge had been under construction for some time and he had learned it would be out for another year, and asked if the City could do anything. Mayor Russo advised that Commissioner Marcus had addressed that. The City Manager reported construction of the intersection at PGA Boulevard and Avenue of the Champions was hoped to be completed by Christmas. Councilmember Levy wished the Mayor happy birthday and reported they had attended the boat parade held on his birthday. Councilmember Valeche reported as a member of the League of Cities and also a member of the League of Cities Board that there would be a meeting of the League of Cities in conjunction with the legislative delegation, to be held at the Burns Road Recreation Center the next Wednesday at 10 a.m. Mayor Russo noted at 2 p.m. there would be a public hearing where there would be an opportunity to speak. Councilmember Valeche reported the League of Cities took a very strong viewpoint against the county, and had proposed a resolution which he had tempered, and asked that the Council look at it and provide more guidance to him as the City's representative. Councilmember Jablin called attention to the cover of Signature magazine, depicting the sculptures on the flyover, which everyone seemed to enjoy. Councilmember Jablin spoke about Bettie Marks, his friend. Mayor Russo thanked everyone who contributed to the Big Heart Brigade. The Mayor reported he had attended the PGA Corridor Association breakfast where there had been a great discussion. Councilmember Jablin reported the bridge lights were to be completed in March. CITY MANAGER REPORT: Report on Midtown (f.k.a.Borland) Upland Preserve Area - City Forester Mark Hendrickson assured the City Council that the preserve area was going in the right direction and presented photos. Mr. Hendrickson noted the photos which had been provided to the City Council depicted an unfinished preserve, and explained that the developer had made a good start, but the project was not completed. COMMENTS FROM THE PUBLIC: Vito DeFrancesco, Shady Lakes, commented on the Midtown project, stating code did not allow changes to minimum requirements for a buffered preserve area, reported Council had given the developer a waiver to go from 100' to 80', and described the areas that were not as much as 80', and provided photos. The City Manager noted there was an approved landscape plan, the project was not finished, and Mr. Hendrickson's job was to assure the landscape plan was followed. Staff clarified the applicant was using the preserve for a portion of their CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/7/06 3 buffer, which the City had requested, and that code required a 20' buffer along the Shady Lakes roadway; however, it was more because of an easement area. Lynn Metcalf, Sabal Ridge, distributed an outline of nine pages she had previously provided to Councilmember Valeche and to David Reyes regarding the preserve area at the Paloma project, which was still uncompleted after a year. Ms. Metcalf provided photos of broken trees, weeds, trash, a damaged fence, and asked who was responsible from the City for overseeing this project. Mayor Russo noted construction seemed to have been delayed, and requested a meeting with the developer. City Forester Hendrickson reported how the work had to be done to protect the gopher tortoises on the property and to protect the wetland, and reported there were no code violations. Staff reported they were meeting with the developer every two weeks. Ms. Metcalf clarified that her complaint was regarding the property on the west side of the fence, not the area going down to the canal. Eileen Tucker, Shady Lakes, commented on the recent charrette, which she felt should have been handled differently. Ms. Tucker asked that the present law remain which limited height to four stories. Ray Decario, The Gardens of Woodberry, thanked the Council for their remarks regarding Bettie Marks. Mr. Decario expressed concern about the lights at the Midland/Borland site, which were too bright and illuminated his master bedroom and his entire house, and invited the Council to come to his home and look. Staff reported the light meter was within accepted range, but there was a dangerous glow, and staff was going to meet with the developer to offer options to fix the problems. Vice Mayor Barnett asked that the City's acceptable range be looked at; Councilmember Levy requested more information on where the reading had been obtained. John Lemihan, Sabal Ridge, commented the beautiful natural preserve had been taken away, which had been a buffer to I -95, which was sad, and that now it was a wasteland, and people were no longer moving here. Mr. Lernihan expressed concern that drinking water would be in short supply if too much building continued. Mayor Russo responded there was plenty of drinking water here, and asked for patience since the project was not finished. 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. Resolution 129, 2006 — Traffic Control Jurisdiction. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Agreement for traffic control jurisdiction between the City of Palm Beach Gardens and Montecito Homeowners Association, Inc.; and providing an effective date. b. Resolution 135, 2006 -- Purchase of Desktop Computers. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the purchase of 65 desktop computers for use in City- operated facilities via an existing contract with the State of Florida contract no. 250- 000 -03 -1; and providing an effective date. C. Resolution 136, 2006 -- Purchase of Laptop Computers. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the purchase of 51 laptop computers for use in City- operated facilities via an existing contract with the State of Florida contract no. 250- 000 -03 -1; and providing an effective date. CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/7/06 4 d. Resolution 137, 2006 — Reappointment of Board Members. A Resolution of the City Council of the City of Palm Beach Gardens, Florida re- appointing two (2) members to the Board of Trustees of the City of Palm Beach Gardens Police Officers' Retirement Trust Fund; and providing an effective date. e. Resolution 138, 2006 - Reappointment of a Board Member. A Resolution of the City Council of the City of Palm Beach Gardens, Florida providing for the reappointment of one (1) member to the Board of Trustees of the City of Palm Beach Gardens General Employee Pension Board; and providing an effective date. f. Resolution 139, 2006 - Contract award to T &M Lawn -Fence Service. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a contract award to T & M Lawn -Fence Service for the provision and installation of fencing improvements at PGA National Park in an amount not to exceed $65,024.10 via City of Palm Beach Gardens bid# 2006 -009; and providing for an effective date. g. Resolution 140, 2006 — Declaring items as surplus property. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, declaring certain items of personal property as surplus property and authorizing its sale by auction; and providing an effective date. PUBLIC HEARINGS: Part I — Quasi - judicial - Mayor Russo described the procedures that would be followed in each of the quasi-judicial cases. The City Clerk swore in all those who intended to testify in any of tonight's cases. Ordinance 32, 2006 — (2nd reading and adoption) Amendment to an existing major conditional use for Temple Judea. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 13, 1994, relating to the zoning for the Temple Judea of Palm Beach County, Inc. property to transfer the conditional use approval and related conditions to Resolution 126, 2006; and providing an effective date. [Resolution 126, 2006 is a companion item to Ordinance 32, 2006 and will require Council action.] Resolution 126, 2006 — Amending the Site Plan of Temple Judea. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the conditional use and site plan of Temple Judea of Palm Beach County, Inc., to allow the development of a 4,359 - square -foot auxiliary classroom building at the rear of the main facility; providing conditions of approval; and providing an effective date. The City Clerk read Ordinance 32, 2006 on second reading by title only and Resolution 126, 2006 by title only. Mayor Russo declared the public hearing open and called for exparte communication. Councilmember Levy stated he was a member of Temple Judea. Councilmember Jablin reported he had spoken to Ms. Booth once and he was also a member of Temple Judea. Anne Booth, Urban Design Studio, reported no changes since the last meeting. Patrick McCarthy, reported he was a resident owner in Evergrene, adjacent to Temple Judea, expressed concern from place of worship to school use, which could be a problem. Staff advised this was an acceptable use for an indoor school and no playground was being approved, but students were not restricted from going outside. Discussion ensued. Pat Hughey asked if it was legal for Councilmember Levy and Councilmember Jablin to vote on this. The City Attorney advised they had an obligation to vote unless approval would mean personal financial gain. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin made a CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/7/06 5 motion to adopt Ordinance 32, 2006 on second reading. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Councilmember Jablin made a motion to approve Resolution 126, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 33, 2006 — (2nd Reading and Adoption). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 14, 1997 And Ordinance 10, 2000 relating to the zoning for the Doubletree Hotel Planned Unit Development (PUD) to transfer the site plan approval and related conditions to Resolution 128, 2006; and providing an effective date. [Resolution 128, 2006 is a companion item to Ordinance 33, 2006 and will require Council action.] Resolution 128, 2006 — Approve an Amendment to the Doubletree Hotel PUD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Amendment to the Doubletree Hotel Planned Unit Development (PUD), which is located on the Northeast Corner of PGA Boulevard and Military Trail, to allow for the development of a 12,900- square -foot general drug store with two drive -thru lanes and a major conditional use for a 154,191- square -foot self - storage building, as more particularly described herein; providing for waivers; providing for conditions of approval; and providing an effective date. The City Clerk read Ordinance 33, 2006 by title only on second reading, and Resolution 128, 2006 by title only. Mayor Russo declared the public hearing open and called for exparte communication. Councilmember Jablin reported he had spoken to Marty Minor and to John Channing. The other members of the Council reported they had spoken to no one since the last hearing. The City Clerk swore in two members of staff who had previously been out of the room. Marty Minor, Urban Design Studio, provided an update 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 33, 2006 on second reading. Councilmember Levy seconded the motion. Vice Mayor Barnett expressed her opinion that a five story building would be overpowering to the adjacent communities, and expressed concern a storage facility would not bring value added employment or biotech use, and also expressed concern regarding height and setback waivers. Mayor Russo asked for withdrawal of the motion and second for discussion. The motion and second were withdrawn. Staff responded to the Vice Mayor's concerns. Councilmember Jablin made a motion to adopt Ordinance 133, 2006 on second reading. Councilmember Levy seconded the motion. Vice Mayor Barnett requested her comments for the withdrawn motion be included in this motion. Motion carried by 4 -1 vote, with Vice Mayor Barnett opposed. Councilmember Jablin made a motion to approve Resolution 128, 2006. Councilmember Levy seconded the motion, which carried by 4 -1 vote, with Vice Mayor Barnett opposed. Resolution 142, 2006 - Frenchman's Reserve PCD Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Frenchman's Reserve — Golf Course Plat; and providing an effective date. The City Clerk read Resolution 142, 2006 by title. Mayor Russo declared the public hearing open and called for exparte communication, of which none were reported. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Barnett made a motion to approve Resolution 142, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Part II — Non - Quasi - judicial Ordinance 36, 2006 — (1St Reading) - Amending the Fiscal Year 2005/2006 Budget. 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 CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/7/06 6 September 30, 2006, inclusive; and providing an effective date. The City Clerk read Ordinance 36, 2006 by title. There were no questions of staff. Councilmember Jablin made a motion that Ordinance 36, 2006 be placed on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 37, 2006 — W' Reading) - Amending the Fiscal Year 2006/2007 Budd. 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, 2006, and ending September 30, 2007, inclusive; and providing an effective date. The City Clerk read Ordinance 37, 2006 by title. There were no questions of staff. Councilmember Jablin made a motion that Ordinance 37, 2006 be placed on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. RESOLUTIONS: Resolution 141, 2006 — Vehicle purchase award. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding contracts for the purchase of thirty -three vehicles to Garber Chevrolet, Duval Ford, Beck Auto Sales, and Ten -8 Fire Equipment via an existing contract with the Florida Sheriff's Association, contract no. 06 -14 -0821; and providing an effective date. James Lunn, Fleet Superintendent answered questions from the Council. Councilmember Jablin made a motion to approve Resolution 141, 2006. Councilmember Levy seconded the motion, which carried by unanimous vote. ITEMS FOR COUNCIL ACTION /DISCUSSION: Mayor Russo advised the City had received a letter from Commissioner Marcus and a follow -up letter from Commissioner Newell, asking that the City pay $211,000 for the Briger tract mineral rights. Mayor Russo reported he had responded with concern that if the City spent money for this they might not have funds when a new company coming here needed money, and had expressed his feeling other Cities should contribute, and had advised the Commissioner he would not have a problem participating with other Cities at a later date. Councilmember Valeche indicated he agreed and he was bothered by the amount the county was trying to recoup, and would like to be reimbursed for whatever the City spent on this if the County made a large profit when they sold Mecca. The other members of the Council agreed with the Mayor's proposal to possibly participate at a later date, along with other Cities. CITY ATTORNEY REPORT: City Attorney Christine Tatum requested direction regarding the possibility of taking additional legal action against the owners of Union Square for the large balloons they kept putting up, since code enforcement citations were not working, Council agreed with the City Attorney. The Council also directed the City Attorney to bring back the Code of Ethics to the next meeting. CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/7/06 7 ADJOURNMENT There being no further busine� APPROVAL: ATTEST: za� PATRICIA SNIDER, CMC 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.