HomeMy WebLinkAboutMinutes Council 122106CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
December 21, 2006
The December 21, 2006 Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 7:00 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 silent prayer was observed for the son of city employee Sheryl Stewart, who
was fighting for his life, and the staff was thanked for donating blood.
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.
ANNOUNCEMENTS / PRESENTATIONS:
Grant check in the amount of $5,000 from Firemen's Fund Insurance for the purchase of carbon
monoxide testing_ equipment.
Presentation of the check from the Veteran's Day Golf Tournament - Mayor Russo presented a check
for $20,000 to Paul Russo, Associate Director, Department of Veterans Affairs, and Mary Phillips, Chief
of Voluntary Service, at the Veterans Hospital, on behalf of the City. Councilmember Valeche reported
that last year the City passed a Resolution urging that veterans health benefits be fully funded, and
expressed confidence that the Bill would be passed by Congress. Mr. Russo and Ms. Phillips expressed
their thanks.
Mayor Russo presented plaques of appreciation to sponsors of the golftoumament, which were accepted
by representatives of the Gardens Mall, Menin Development, and Waste Management.
ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS:
Vice Mayor Barnett wished everyone a happy holiday season and Happy New Year. Councilmember
Levy commented today was winter solstice, the shortest day of the year. Councilmember Levy reported
attending the Recreation Advisory Board meeting, and that the board was working on changes to the
PGA Park Master Plan. Councilmember Levy also reported there was a call to artists out for public art
for the Lakeside Community Center.
Councilmember Valeche echoed the Vice Mayor's wish for happy holidays and Happy New Year and
thanked the residents who came to the tree lighting and Hanukah celebrations, thanked staff for their
great work on these events, and reported that a meeting of the Palm Beach County Legislative
Delegation had been held in the newly renovated Burns Road Recreation Center, and that he had
received many compliments on the renovation. Councilmember Jablin also wished everyone happy
holidays and thanked staff for their work on the holiday parties. Councilmember Jablin reported
discussion at the Metropolitan Planning Organization meeting regarding federal funding of the PGA
Boulevard extension West of Seminole Pratt Whitney Road, which was not moving forward, and funding
for Martin Luther King Highway which had been approved but there were not sufficient funds.
Commissioner Marcus had written a letter requesting reallocation of the PGA Boulevard funds to the
Martin Luther King Highway, and asked the City to also write a letter. Councilmember Jablin announced
he had been appointed to a subcommittee of the Metropolitan Planning Organization to discuss joint
issues relating to Martin County and Palm Beach County, and at their meeting a presentation had been
made regarding State Road 710, which he provided to the City Engineer and staff, noting an interchange
was proposed at State Road 710 and I -95. If that did not happen and there was Western development,
traffic would increase on PGA Boulevard, so he wanted to be sure that interchange would go into effect
before any Western development. Councilmember Jablin advised that not enough submissions had been
received for the public art proposed for the Lakeside Community Center, so an art consultant would be
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/21/06 2
hired in hopes of receiving more and higher quality submissions, also having an artist under contract by
April in order to receive a grant. Mayor Russo wished everyone happy holidays, and expressed thanks
for a great year with projects coming to fruition, increased services, decreased taxes, and Scripps to be
located here. Mayor Russo reported attending the Hanukah and Christmas celebrations, the senior lunch,
the legislative delegation, and Economic Council Holiday meeting. The Mayor discussed the possibility
of bringing Yale here for the biotech cluster, and working with the County on a solution to bus stops.
COMMENTS FROM THE PUBLIC:
Jeff Miller, Prosperity Pines, reported the Cabana Colony canal adjacent to their development, which had
been deeded to the public by Mrs. MacArthur, was not being maintained by either the City or the
County, and requested the City maintain the canal. Dan Clark, City Engineer, provided a history which
indicated the County owned the canal. Discussion ensued. A meeting was requested with the County,
and possibly Northern Palm Beach County Improvement District and Department of Environmental
Protection, to discuss responsibility.
Vito DeFrancesco, Shady Lakes, provided a slide presentation regarding a preserve waiver granted for a
preserve with 80 feet, and expressed his disagreement with previous comments made by the City
Forester. Council discussion ensued. Vice Mayor Barnett indicated she would meet with Mr.
DeFrancesco.
Eugene Halper, resident of BallenIsles, reported his view of the BallenIsles golf course had been blocked
by trees planted by the City, and requested there be no further plantings that would block his view. Kara
Irwin reported BallenIsles was working with the City Forester on this issue. Councilmember Jablin
commented that Mr. Helper was a WWII hero.
Roger Blangy, Garden Woods, presented a letter sent to the Department of Transportation and to the
City November 14, 2006, requesting an administrative hearing regarding safety items not previously
addressed for the railroad crossing at Kyoto Drive. City Attorney Tatum reported the matter had been
closed. Mayor Russo confirmed that Department of Transportation and the City would be handling this
request for a new hearing.
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 November 2, 2006 regular City Council meeting.
b. Approve Minutes from November 16, 2006 regular City Council meeting.
C. Approve Minutes from December 7, 2006 regular City Council meeting.
PUBLIC HEARINGS:
Part I — Quasi judicial - Mayor Russo described the 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 145.2006 — Mirasol Tract L Plat. A Resolution of the City Council of the City Palm Beach
Gardens, Florida approving the Mirasol Tract L Plat; and providing an effective date. The City Clerk
read Resolution 145, 2006, by title only. Mayor Russo declared the public hearing open and called for
exparte communication. There were no exparte communications. Hearing no comments from the public,
Mayor Russo declared the public hearing closed. Councilmember Jablin moved approval of Resolution
145, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
Part H — Non - Quasi- judicial
Resolution 143, 2006 — Evaluation and Appraisal Report AR) 2005 "Major Issues ". A Resolution of
the City Council of the City Palm Beach Gardens, Florida adopting the 2006 Evaluation and Appraisal
Report (EAR) of the Comprehensive Plan as attached hereto and incorporated herein; and providing an
effective date. The City Clerk read Resolution 143, 2006, by title only. Mayor Russo declared the public
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/21/06
hearing open. Brad Wiseman presented the staff report. Hearing no comments from the public, Mayor
Russo declared the public hearing closed. Councilmember Jablin moved approval of Resolution 143,
2006. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
(Future Land Use Element). An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida amending the Future Land Use Map of the Comprehensive Plan of the City of Palm Beach
Gardens to apply the Bioscience Research Protection Overlay (BRPO) to certain properties with an
underlying comprehensive plan designation of MXD or I, generally located in the 1 -95 corridor, as more
particularly described herein, consisting of approximately 591 acres, more or less; and providing an
effective date. The City Clerk read Ordinance 17, 2006 by title only on second reading. Mayor Russo
declared the public hearing open. Growth Management Administrator Kara Irwin presented the staff
report, and responded to questions from the City Council. Ling Li, staff scientist at Scripps Research
Institute, asked the implication to residents at The Legends, to which Ms. Irwin responded this would
not affect them. It was confirmed for Ms. Li that buffers would be maintained along I -95. Mr. Domingos
Nobile, an owner at Legends of the Gardens, was concerned that property might be taken, and was
assured that would not happen. It was confirmed for Carolyn Chaplik, 715 Hudson Bay Drive, that
Loehmann's Plaza was not included in the biotech overlay, but would be in the PGA Corridor overlay.
Hearing no further comments from the public, Mayor Russo declared the public hearing closed.
Councilmember Jablin moved adoption of Ordinance 17, 2006 on second reading by title only, as
amended. Councilmember Levy seconded the motion. City Attorney Tatum read into the record the
amendments —that total acreage would change from 591 approximate acres to 572; precise acreage
would change to 571.79; on page 3 the legal description of The Gardens Corporate Center would be
deleted; and on page 11 the legal description of Loehmann's Plaza would be deleted. Motion carried by
unanimous 5 -0 vote.
Ordinance 18, 2006 - 2nd reading and adoption) - Text Amendment to the Future Land Use Element
A. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the
Future Land Use Element of the Comprehensive Plan of the City of Palm Beach Gardens relating to the
creation of a Bioscience Research Protection Overlay (BRPO); and providing an effective date. The City
Clerk read Ordinance 18, 2006 by title only on second reading. 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 Jablin moved adoption of Ordinance 18, 2006 on second reading
by title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
Ordinance 19, 2006 - (2"d reading; and adoption) - Text Amendment to the Economic Development
Element (EDE). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending
the Economic Development Element of the Comprehensive Plan of the City of Palm Beach Gardens
relating to the creation of a Bioscience Research Protection Overlay (BRPO); and providing an effective
date. The City Clerk read Ordinance 19, 2006 by title only on second reading. 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 Jablin moved adoption of Ordinance 19, 2006
on second reading by title only. Councilmember Levy seconded the motion, which carried by unanimous
5 -0 vote.
Ordinance 20, 2006 - (2nd reading and adoption) - Text Amendment to the Intergovernmental
Coordination Element (ICE). An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida amending the Intergovernmental Coordination Element of the Comprehensive Plan ofthe City of
Palm Beach Gardens relating to the creation of a Bioscience Research Protection Overlay (BRPO) and
the Bioscience Land Protection Advisory Board; and providing an effective date. The City Clerk read
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/21/06 4
Ordinance 20, 2006 by title only on second reading. 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 Jablin moved adoption of Ordinance 20, 2006 on second reading
by title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
RESOLUTIONS:
Resolution 146, 2006 - Municipal Home Rule. A Resolution of the City Council of the City Palm Beach
Gardens, Florida supporting and endorsing the principles of Home Rule and adopting the policies set
forth below to support the premise that the City should have the authority to govern within its
jurisdiction and that such authority should not be eroded; and providing an effective date.
Councilmember Jablin moved adoption of Resolution 146, 2006. Councilmember Levy seconded the
motion, which carried by unanimous 5 -0 vote.
Resolution 147. 2006 — Applicants for development approval. A Resolution of the City Council of the
City Palm Beach Gardens, Florida establishing a policy related to meetings with applicants for
development approvals; and providing an effective date. Discussion ensued regarding how this could be
enforced and how information would be entered into project files. Consensus was a resolution was not
needed, and that current procedure was fine.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/21/06
ADJOURNMENT
Th�re being no further business to discuss, the meeting was adjourned at 8:46 p.m.
APPROVAL:
MA
, Cq
VICE BARNETT
COUNCILMEMBER JABLIN
ATTEST:
PATRICIA SNIDER, CMC
CITY CLERK
Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts ofthe
meeting. A verbatim audio record is available from the Office of the City Clerk.