HomeMy WebLinkAboutMinutes Council 111606CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
November 16, 2006
The November 16, 2006 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 6:03 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 Levy, and
Councilmember Valeche. Councilmember Jablin was absent from the meeting.
WORKSHOP — Draft Evaluation and Appraisal Report (EM 2005 "Major Issues ":
Planning Manager Brad Wiseman reviewed the Evaluation and Appraisal Report process, and
described the items considered in this report and the suggestions for implementing the items.
Consultant Jack Horniman presented his findings and explained how conclusions had been
reached. In the land use element, Vice Mayor Barnett suggested adding language to explore
as a goal to acquire or set aside passive park space for public gatherings, and adding a
statement where appropriate that the City would like to ensure the level of service be kept at a
certain standard. In the housing element, Vice Mayor Barnett suggested looking into adding
partnering with neighborhood communities and basing the model on the model comprehensive
plan suggested by the housing committee in Palm Beach county. Staff agreed this would be a
good addition. Mr. Horniman reviewed the economic development, utilities, conservation,
coastal management, and capital improvements elements. Consensus was to remove the word
"aggressive" and state the City would plan proactively for the western development. Staff
indicated this would be presented at the second meeting in December, 2006 for adoption by
resolution.
ANNOUNCEMENTS / PRESENTATIONS:
Honda Classic Golf Event 2007 to be held at the PGA National Resort and Spa — Ed
McEnroe, Tournament Director of the Honda Classic, made a presentation of changes to this
event, including the date change to March 14, a new home at PGA National, changes to the
golf course, and a new management team. Mr. McEnroe described proposed events during
the tournament week beginning February 25h for players, their families, caddies, and
spectators, and announced that the new benefiting charity to receive the net proceeds of the
tournament would be the Nicholas Childrens' Health Care Foundation, from which funds
would be funneled to various supporting charities.
ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS:
Vice Mayor Barnett reported the unveiling of Give a Life Memorial at Downtown at the
Gardens, and advised the organization facilitates organ donations for transplants.
Councilmember Levy also commented on organ donations; Mayor Russo reported the father
of a young girl who recently passed away had spoken at the memorial dedication.
Councilmember Levy reported attending at the Riverside Youth Festival Thanksgiving
celebration, and the Veterans Day Golf Tournament, thanked Councilmember Valeche for his
service as a VietNam veteran and thanked all other veterans, and reported attending at the
veterans' concert. Councilmember Levy also advised he and Mayor Russo attended the ribbon
cutting of the new Robb & Stuckey store. Councilmember Valeche commented the Big Heart
Brigade was coming up on Thanksgiving and asked for anyone who had time on Wednesday
to help. The Fire Chief clarified help would be needed Sunday through Thursday. Mayor
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/16/06 2
Russo requested staff send a letter asking to be included in the current Northlake Boulevard
study. Mayor Russo reported attending the lighting of the artwork on the flyover, which was
beautiful. The Mayor thanked staff for their hard work on the Veterans Day celebration. The
Vice Mayor commented the Palm Beach Gardens band had been fabulous. Mayor Russo
reported the Biotech Overlay had met that day, and the Economic Development Advisory
Board had met and the scientists from Scripps had spoken.
COMMENTS FROM THE PUBLIC:
Colleen Smith, Director of Florida Classical Ballet Theater, spoke regarding the exciting
growth in the City, and advised their goal was to become a full -scale professional company
offering family friendly performances. The best dancers in the world would be coming to the
Eissey Theater to dance with their company to perform the Nutcracker Suite.
CITY MANAGER REPORT:
City Manager Ferris reported he and the City Attorney were directed to meet with Ms.
Elizabeth Sither and had a nice meeting with her, her attorney, and friends and neighbors to
discuss placing a nativity scene on the City's property. Recommendation was to designate a
site to the right of the Burns Road entrance for anyone to apply to place a display. The
applicant wished to donate a nativity scene to be displayed with the donated menorah
currently displayed. The applicant was also considering a Christmas party and would go
through the same process as anyone else to hold such an event. No taxpayer dollars would be
used for any of these events. Vice Mayor Barnett felt wherever the City displayed a Christmas
tree there should be a menorah displayed. The City Attorney noted only two sites were
currently under consideration. Consensus was to let staff handle the locations.
COMMENTS FROM THE PUBLIC:
Attorney Dina Cellini, representing Elizabeth Sither, complimented the City on their
professional staff, discussed timing for the public forum, the donation of the nativity scene,
and the proposed Christmas celebration on December 17, and referred to case law regarding
the menorah.
Carolyn Chaplik, 715 Hudson Bay Drive, advised there was only one way to sign up for the
Big Heart Brigade, on the website 11 Mayor Russo commented
one could also just show up.
Vito DeFrancesco, Shady Lakes, presented a PowerPoint presentation regarding a preserve
and buffer on the Borland site. Mr. DeFrancesco showed trees that came down and those that
went up, which were not as large. The Growth Management Administrator advised the
applicant was working on restoration and it must be approved by the City Forester before
they received a CO. Mayor Russo commented the buffer should not look the way it was
shown, and asked staff to report back to City Council and to advise the applicant what was
acceptable.
CONSENT AGENDA: Councilmember Levy made a motion to approve the Consent
Agenda. Councilmember Valeche seconded the motion, which carved by unanimous 4 -0 vote.
Therefore, the following items were approved on the Consent Agenda:
a. Approve Minutes from September 20, 2006 regular City Council meeting.
b. Approve Minutes from October 5, 2006 regular City Council meeting.
C. Approve Minutes from October 19, 2006 regular City Council meeting.
d. Resolution 54, 2006 - Approving the purchase of two (2) new 2007 Fire
Engines. A Resolution of the City Council of the City of Palm Beach Gardens,
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/16/06 3
Florida approving the lease purchase of two 2007 fire engines from Pierce
Manufacturing, Inc., to be financed by Oshkosh Capital; authorizing the
Mayor and City Clerk to execute all documents necessary to effectuate such
purchase; and providing an effective date.
e. Resolution 131, 2006 — Ground Lease Agreement. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida authorizing the City
Manager to execute a Ground Lease Agreement with T- Mobile South LLC;
and providing an effective date.
f. Resolution 133, 2006 - Approve a Railroad Reimbursement Agreement with
the Florida Department of Transportation. A Resolution ofthe City Council of
the City of Palm Beach Gardens, Florida approving a Railroad Reimbursement
Agreement with the Florida Department of Transportation and Florida East
Coast Railway, LLC for improvement to the grade crossing on Burns Road;
and providing an effective date.
g. Proclamation — Give a Life Foundation.
PUBLIC HEARINGS:
Part I — Quasi- iudicial - Mayor Russo announced the quasi-judicial cases that would be
considered and outlined the procedure to be followed. The City Clerk swore in all those
intending to testify on any of the cases.
Ordinance 32, 2006 — (1t reading) 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 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 at second reading.] 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 by title. Mayor Russo
declared the public hearing open and called for exparte communication. Councilmember Levy
reported speaking with Jeff Prince, who was on the board of Temple Judea, and also with
Rabbi Joe Levine. There was no other exparte communication. Councilmember Levy advised
he was a member of Temple Judea. Anne Booth, Urban Design Studio, presented the
applicant's request to add a classroom building, and answered questions from the City
Council. Hearing no comments from the public, Mayor Russo declared the public hearing
closed. Councilmember Levy made a motion to pass Ordinance 32, 2006 on first reading by
title only. Vice Mayor Barnett seconded the motion, which carried by unanimous 4 -0 vote.
Resolution 104, 2006 -- Amendment to the Master Signage Program for Midtown (F.K.A.
Borland Center) Planned Unit Development (RUD). A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving an amendment to the Master Signage
Program for Midtown (F.K.A. Borland Center) Planned Unit Development (PUD), to provide
approval for the non - residential monument signs, as described more particularly herein;
providing for waivers; and providing an effective date. The City Clerk read Resolution 104,
2006 by title. Mayor Russo declared the public hearing open, and called for exparte
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/16/06 4
communication. Vice Mayor Barnett reported she had spoken to Dr. Underwood and to Don
Hearing. Mayor Russo reported Dr. Underwood had called him that day to tell him this was
on tonight's agenda and they did not discuss the case. Ali Kalfin presented the applicant's
request. Vito DeFrancesco, Shady Lakes, expressed his opinion that the applicant should only
be allowed two signs using proper calculations. Hearing no further comments from the public,
Mayor Russo declared the public hearing closed. Mr. Wiseman explained how the signage had
been calculated, which he stated had been done for other applicants as far back as five years
ago. Glenn Weldon, designer of the sign project, spoke on behalf of the applicant.
Councilmember Levy made a motion to adopt Resolution 104, 2006. The motion was
seconded and carried by unanimous 4 -0 vote.
Resolution 134, 2006 — Landmark Plat. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving Landmark at the Gardens Plat; and providing an effective
date. The City Clerk read Resolution 134, 2006 by title. Mayor Russo declared the public
hearing open and called for exparte communication. No exparte communication was reported.
Hearing no comments from the public, Mayor Russo declared the public hearing closed.
Councilmember Levy made a motion to adopt Resolution 134, 2006. The motion was
seconded by Councilmember Valeche and carried by unanimous 4 -0 vote.
r nm m u — i. vu-yua„- I uumumam
Ordinance 29, 2006 — (2"d reading and adoption) Homestead Exemption. An Ordinance ofthe
City Council of the City of Palm Beach Gardens, Florida relating to additional Homestead
Exemption; creating a new Section 66 -300, Code of Ordinances to be entitled "Additional
Homestead Exemption for persons 65 years and older"; providing for codification; and
providing an effective date. The City Clerk read Ordinance 29, 2006 on second reading by
title only. Mayor Russo declared the public hearing open. There were no questions of staff.
Hearing no comments from the public, Mayor Russo declared the public hearing closed.
Councilmember Levy made a motion to adopt Ordinance 29, 2006 on second reading by title
only. The motion was seconded by Councilmember Valeche and carried by unanimous 4 -0
vote.
Ordinance 30, 2006 — (2"d reading and adoption) Amending, the Capital Improvements
Element. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
amending the Capital Improvements Element of the City of Palm Beach Gardens
Comprehensive Plan; and providing an effective date. The City Clerk read Ordinance 30, 2006
on second reading by title only. Mayor Russo declared the public hearing open. There were
no questions of staff. Hearing no comments from the public, Mayor Russo declared the public
hearing closed. Councilmember Levy made a motion to adopt Ordinance 30, 2006 on second
reading by title only. The motion was seconded by Councilmember Valeche and carried by
unanimous 4 -0 vote.
Ordinance 31, 2006 — (2"d reading and adoption) Proportionate Fair -Share Program. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the
concurrency management system; creating a new Section 78 -86, Code of Ordinances, to be
entitled "Proportionate Fair -Share Program "; amending Section 78 -751, Code of Ordinances,
entitled "Definitions "; providing for codification; and providing an effective date. The City
Clerk read Ordinance 31, 2006 on second reading by title only. Mayor Russo declared the
public hearing open. Staff provided a short presentation. Hearing no comments from the
public, Mayor Russo declared the public hearing closed. Councilmember Levy made a motion
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/16/06
to adopt Ordinance 31, 2006 on second reading by title only. The motion was seconded by
Vice Mayor Barnett and carried by unanimous 4 -0 vote.
ITEMS FOR COUNCIL ACTION/DISCUSSION:
Options for the $10,000.00 donation from Total Wine & More — Consensus was to donate
the money to the Big Heart Brigade. It was announced that a 503(c) fund was in process of
being established for future donations. Mayor Russo reported he had won $250 for a charity
at the Italian festival in Abacoa.
ADJOURNMENT
There being no further business to discuss, the m_etinZwas,#Tjouny d at 8:33 p.m.
APPROVAL:
SO
PM
's R D'
ATTEST:
PATRICIA SNIDER, CMC
CITY CLERK
VALECHE
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.