HomeMy WebLinkAboutMinutes Council 031507CITY OF PALM BEACH GARDENS
CITY COUNCIL
3 REGULAR MEETING
4 March 15, 2007
6 The March 15, 2007 Regular Meeting of the City Council of the City of Palm Beach Gardens,
7 Florida, was called to order at 7:02 p.m. in the Council Chambers of the Municipal Complex,
8 located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Russo, and
9 opened with the pledge of allegiance.
10 ROLL CALL: The City Clerk called the roll and the following elected officials were found
11 to be in attendance: Mayor Russo, Vice Mayor Barnett, Councilmember Jablin,
12 Councilmember Levy, and Councilmember Valeche. Mayor Russo announced swearing -in of
13 new Council members would take place at the next meeting.
14 ADDITIONS, DELETIONS & MODIFICATIONS:
15 Councilmember Jablin moved addition of a presentation under Announcements /Presentations
16 by Catalfumo Construction and Development of their plan for Parcel 513, with Kim Delaney of
17 Treasure Coast Regional Planning Council present to answer questions regarding the Transit
18 Orientated Development on Parcel 5B. Councilmember bevy seconded the motion, which
19 carried by unanimous 5 -0 vote.
20 ANNOUNCEMENTS/PRESENTATIONS:
21 Honda Classic Video Clip -- A video by newspaper columnist Frank Cerebino was shown.
22 Mayor Russo commented on the success of the Honda Classic.
23 Police Department. Accreditation - Police Chief Stephen Stepp announced 100% of the
24 required criteria had been met and the second State accreditation had been received by the
25 Police Department, which was now Nationally and State accredited. Chief Stepp
26 complimented Sam Dobson, Accreditation Manager, for doing a great job.
27 Parcel 5B -- Jeff Marshall, Catalfumo Construction Company, presented their proposed
28 project for Parcel 5B, PGA Professional Design Center, where a Tri -Rail station was to be
29 located, focusing on needed building height. Kim Delaney of Treasure Coast Regional
30 Planning Council spoke regarding how to make the project a successful Transit. Oriented
31 Development. Questions from the Council were answered by Mr. Marshall and Ms. Delaney.
32 Dan Catalfumo commented on the lack of hotel rooms to attract business. Discussion ensued.
33 Consensus of Council was to hold a workshop at the April 5, 2007 City Council meeting on
34 the height ordinance as related to Transit Oriented Development on Parcel 5B.
35 ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS:
36 Vice Mayor Barnett. reported she, Mayor Russo, and Councilmember Valeche had attended
37 meetings in Tallahassee regarding property tax reform and Western growth. The City
38 Attorney provided an update on Callery Judge issues. Councilmember Levy announced
39 volunteer judges were needed for senior projects at Palm Beach Gardens High School and
40 Dwyer High School on April 26. Councilmember Levy reported attending the Regional
41 Hazardous Materials Oversight Committee meeting and announced the committee had passed
42 the Hazmat Response plan on to the Association of Chiefs, and the City was leading the State
43 in hazardous materials response. Councilmember Valeche expressed his opinion the Council
44 should take a position on items before attending meetings in Tallahassee. Discussion ensued.
45 Councilmember Jablin reported groundbreaking for the main buildings of Scripps in Jupiter
46 had been held. Mayor Russo reported he had indicated in Tallahassee that he was in favor of
47 the Governor reinstituting the Innovation Fund and waiving the 50% match. The Mayor had
48 attended the Biotech Overlay meeting and reported there would be a presentation to the
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/15/07 2
1 County Commission regarding attracting biotech companies.
2 COMMENTS FROM THE PUBLIC:
3 Vito DeFrancesco, Shady Lakes, provided a presentation on buffers, and expressed concerns
4 regarding a specific buffer. Staff explained that particular buffer had been developed to be less
5 dense in order to see the lake, and that was in accordance with the approved plan. Carol
6 Estrada, 309 Riverside Drive, recommended holding workshops; stated for the record that she
7 and three council members in the parking lot had discussed no City business; and asked for re-
8 education regarding the Sunshine Law to get away from misconceptions to be above
9 reproach. Ms. Estrada requested volunteers not be allowed to engage in City business
10 discussions with staff" Dr. Robert Davis, Orchid Cay, commented on the Sunshine Law,
11 commented Jupiter had to send over 100 students to Dwyer who did not want to go because
12 of Dwyer's low rating, and three years was too long for a C rating. Carolyn Chaplik, Hudson
13 Bay Drive, recommended a pedestrian walkway over the road in order to include Legacy
14 Place in the critical mass numbers for Parcel 5B.
15 PUBLIC HEARINGS: Mayor Russo described procedures that would be followed in
16 tonight's quasi-judicial cases. The City Clerk swore in all those intending to offer testimony in
17 any of tonight's cases.
18 Part I — Non - Ouasi- iudicial
19 Ordinance 1, 2007 — (2nd reading, and adoption) Updating the procedures and guidelines to
20 the City Art in Public Places program. An Ordinance of the City Council of the City of Palm
21 Beach Gardens, Florida relating to Art in Public Places to clarify and update the procedures
22 and guidelines applicable to the City's Art in Public Places program; repealing Section 78-
23 261, Code of Ordinances entitled "Definitions "; Repealing Section 78 -262, Code of
24 Ordinances entitled "Fee Imposed on Developments ", creating a new Section 78 -261, Code
25 of Ordinances to be entitled "Art in Public Places Requirements "; creating a new Section 78-
26 262, Code of Ordinances to be entitled "Standards for Artwork "; creating a new Section 78-
27 263, Code of Ordinances to be entitled "Waivers "; providing for codification; and providing
28 an effective date. The City Clerk read Ordinance 1, 2007 on second reading by title only.
29 Mayor Russo declared the public hearing open. Brad Wiseman, Growth Management,
30 presented the staff comments. Hearing no comments from the public, Mayor Russo declared
31 the public hearing closed. Councilmember Jablin moved adoption of Ordinance 1, 2007 on
32 second reading by title only. Councilmember Levy seconded the motion, which carried by
33 unanimous 5 -0 vote.
34 _Ordinance 5, 2007 — (2 "d Reading and adoption) Amending Chart of Permitted Uses. An
35 Ordinance of the City Council of the City of Palm Beach Gardens, Florida related
36 to permitted uses in the Professional Office (PO) Zoning District; amending Section 78 -159,
37 Code of Ordinances, entitled "Permitted Uses, Minor, and Major Conditional Uses, and
38 Prohibited Uses "; providing for codification; and providing an effective date. The City Clerk
39 read Ordinance 5, 2007 on second reading by title only. Mayor Russo declared the public
40 hearing open. Brian Cheguis, Cotleur and Hearing, announced no changes since first reading.
41 Vito DeFrancesco commented this ordinance would change the way the City looked in the
42 future because this would change 75' setbacks to 50'. Staff explained that 75' setbacks would
43 not be changed. Hearing no further comments from the public, Mayor Russo declared the
44 public hearing closed. Councilmember Jablin moved adoption of Ordinance 5, 2007 on second
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/15/07 3
1 reading by title only. Councilmember Levy seconded the motion, which carried by unanimous
2 5 -0 vote.
3 Part H — Quasi- iudicial
4 Ordinance 2, 2007 — (l' reading) Sunoco Service Station Planned Unit Development — An
5 Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to
6 rezoning; rezoning a parcel of land consisting approximately of 0.80 acres, generally located
7 at the Southeast corner of PGA Boulevard and Prosperity Farms Road, as more particularly
8 described herein, from General Commercial (CG -1) to a Planned Unit Development (PUD)
9 overlay with underlying General Commercial (CG -1) zoning, to be referred to as the "Sunoco
10 Service Station "; amending the zoning district map; and providing an effective date.
11 [Resolution 19, 2007 is a companion item to Ordinance 2, 2007 and will require Council
12 action at second reading.] Resolution 19, 2007 - Sunoco Service Station Planned Unit
13 Development' - A Resolution of the City Council of the City of Palm Beach Gardens, Florida
14 approving the site plan and major conditional use for the 0.80 -acre parcel of land,
15 generally located at the Southeast corner of PGA Boulevard and Prosperity Farms Road, as
16 more particularly described herein, to be referred to as the "Sunoco Service Station "; allowing
17 the redevelopment of the existing convenience store with gas sales; providing for waivers;
18 providing for conditions of approval; and providing an effective date. The City Clerk read
19 Ordinance 2, 2007 by title only on first reading. Mayor Russo declared the public hearing open and
20 called for exparte communication. No one reported exparte communication; Councilmember Levy
21 reported he had done environmental work on the site over 15 years ago. Architect Richard
22 Winsing and the owner presented the project on behalf of the petitioner. Amir Kanel asked if the
23 generator would be a permanent installation; the owner responded it was part of a mobile program
24 and would be brought here for a storm. The applicant answered questions from the City Council.
25 Direction to the applicant was to come back with a permanent generator or a good reason why
26 that could not be done; and to add a condition to limit the amount of soil that could be stored on
27 site and how long it could be stored there. Councilmember 3ablin moved to place Ordinance 2,
28 2007 on first reading by title only. Councilmember Levy seconded the motion, which carried by
29 unanimous 5 -0 vote.
30 Ordinance 12 s 2007 - 14 reading) - -- Redevelopment of Palm Beach Gardens High School - An
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31 Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to
32 rezoning; rezoning a Planned Unit Development with underlying Public or Institutional zoning
33 to allow the demolition and redevelopment of the existing Palm Beach Gardens High
34 School, generally located at the Southeast corner of Lilac Street and Military Trail, as more
35 particularly described herein; and providing an effective date. [Resolution 28, 2007 is a
36 companion item to Ordinance 12, 2007 and will require Council action at second
37 reading.] Resolution 28, 2007 - Redevelopment of Palm Beach Gardens High School - A
38 Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the site
39 plan and a major conditional use for the 39.74 -acre parcel of land, generally located at the
40 Southeast corner of Lilac street and Military trail, as more particularly described herein, to be
41 referred to as the "Palm Beach Gardens High School ", allowing the redevelopment of the
42 existing high school; providing for a waiver; providing for conditions of approval; and
43 providing an effective date. The City Clerk read Ordinance 12, 2007 by title only on first
44 reading. Angela Usher, School District of Palm Beach County, introduced others present on
45 behalf of the School District, and presented the project. Mayor Russo declared the public
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/15/07 4
1 hearing open. During disclosure of exparte communication, it was stated all the council
2 members had attended the get- together at Plant Drive Park and had spoken with residents.
3 Charlotte Presensky and Todd Miller provided the staff presentation. Amir Kanel asked how
4 many students attended the school currently, asked the projected enrollment, and if portables
5 would be removed. The applicant explained current enrollment was 2,600 with capacity
6 2,700; and the portables would be removed. Carol Estrada, Riverside Drive, expressed traffic
7 concerns and asked that future growth be considered. Hearing no further comments from the
8 public, Mayor Russo declared the public hearing closed. Vice Mayor Barnett requested a
9 commitment from the School Board regarding a traffic light. Councilmember Jablin made a
10 motion to place Ordinance 12, 2007 on first reading by title only. Councilmember Levy
11 seconded the motion, which carried by unanimous 5 -0 vote.
12 RESOLUTIONS:
13 Resolution 11, 2007 - Elected Officer's Classification in the FRS. A Resolution of the City
14 Council of the City of Palm Beach Gardens, Florida designating its elected positions for
15 inclusion in the Elected Officers Class of the Florida Retirement System; and providing an
16 effective date. Finance Administrator Allan Owens presented the resolution. Councilmember
17 Jablin made a motion to approve Resolution 11, 2007. Councilmember Levy seconded the
18 motion, which carried by unanimous 5 -0 vote.
19 Resolution 33, 2007 - Agreement with James B. Pirtle Construction Compm. A Resolution
20 of the City Council of the City of Palm Beach Gardens, Florida approving a License
21 Agreement with James B. Pirtle Construction Company, Inc. for 3.17 acres of City -owned
22 land located on Lilac Street for the purpose of assisting the School District of Palm Beach
23 County with the Palm Beach Gardens High School Modernization Project; and providing an
24 effective date. Todd Engle presented the resolution. Councilmember Jablin made a motion to
25 approve Resolution 33, 2007. Councilmember Levy seconded the motion, which carried by
26 unanimous 5 -0 vote.
27 Resolution 35, 2007 — Granting Non - Exclusive Easement_ number ones to the School District
28 of Palm Beach County. A Resolution of the City Council of the City of Palm Beach Gardens,
29 Florida granting a Non - Exclusive Ingress and Egress Easement to the School District of Palm
30 Beach County for the West entrance to the Palm Beach Gardens High School Site from Lilac
31 Street; and providing an effective date. Todd Engle presented the resolution. Councilmember
32 Jablin made a motion to approve Resolution 35, 2007. Councilmember Levy seconded the
33 motion, which carried by unanimous 5 -0 vote.
34 Resolution 36, 2007 — Granting Non- Exclusive Easement number two to the School District
35 of Palm Beach County. A Resolution of the City Council of the City of Palm Beach Gardens,
36 Florida granting a Non - Exclusive Ingress and Egress Easement to the School District of Palm
37 Beach County for the East entrance to the Palm Beach Gardens High School Site from Lilac
38 Street; and providing an effective date. Todd Engle presented the resolution. Councilmember
39 Jablin made a motion to approve Resolution 36, 2007. Councilmember Levy seconded the
40 motion, which carried by unanimous 5 -0 vote.
41 Resolution 37, 2007 -- Granting Non - Exclusive Easement number three, to the School District
42 of Palm Beach County. A Resolution of the City Council of the City of Palm Beach Gardens,
43 Florida granting a Non - Exclusive Ingress and Egress Easement to the School District ofPalm
44 Beach County for the extension of the East entrance to the Palm Beach Gardens High School
45 Site; and providing an effective date. Todd Engle presented the resolution. Councilmember
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/15/07 5
1 Jablin made a motion to approve Resolution 37, 2007. Councilmember Levy seconded the
2 motion, which carried by unanimous 5 -0 vote.
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ORDINANCES:
Ordinance 11, 2007 - Amending the Fiscal Year 2006/2007 Budget. An Ordinance ofthe 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 11, 2007 by
title only on first reading. Allan Owens, Finance Administrator, presented the staff report.
Councilmember Jablin made a motion to place Ordinance 11, 2007 on first reading by title
only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
ITEMS FOR COUNCIL ACTION/DISCUSSION:
Vice Mayor Barnett proposed exploring term limits for the Planning Zoning and Appeals
board, and rotating liaisons for the boards. Councilmember Valeche reported he had met with
representatives of the Department of Insurance and found they could not regulate how rates
were set for individual policyholders. Councilmember Valeche requested the City Attorney
look into how the City could request their legislative delegation contact the post office asking
to contain the whole City within two zip codes.
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/15/07 6
ADJOURNMENT
There being no further business to discuss, the
APPROVAL:
VICE
CO
was adjourned at 10:24 p.m.
VY
ILMEMBER VALECHE
COUNCILMEMBER
ATTEST:
-x
Z4�
PATRICIA SNIDER, 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. All referenced attachments are on file in the City Clerk's office.