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HomeMy WebLinkAboutMinutes Council 021507I CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING 4 February 15, 2007 5 6 The February 15, 2007 Regular Meeting of the City Council of the City of Palm Beach 7 Gardens, Florida, was called to order at 7:01 p.m. in the Council Chambers of the Municipal 8 Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor 9 Russo, and 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. 13 ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS: 14 Vice Mayor Barnett reported she, Councilmember Levy, and staff had attended a meeting at 15 Commissioner Marcus' office regarding Seminole Marina. The Vice Mayor noted she was 16 very happy with the developer's cooperation with the residents and the residents were pleased 17 with the project, so she was pleased with the project. Vice Mayor Barnett reported she had 18 attended the rededication of the Lake Catherine softball facilities. Councilmember Levy 19 announced he and the Vice Mayor had been to PGA National and reviewed the additions to 20 the turnpike, they planned to add two lanes to either side, starting in 2018, and suggested 21 encouraging Department of Transportation to start work on a sound wall. Mayor Russo 22 advised this would be discussed later in the meeting. Councilmember Levy announced Step 23 Up Florida to be held February 23, 2007. Councilmember Valeche reported he was planning 24 to run for the Congressional seat formerly held by Congressman Foley, but would continue to 25 devote 100% to the City Council. Councilmember Jablin thanked those who wished him well 26 during his recent hospital visit. Councilmember Jablin complimented staff on their work on the 27 Lake Catherine ball fields. Mayor Russo reported he and Councilmember Levy attended the 28 Biotech Overlay meeting, where a resolution had been presented and requested the resolution 29 be on the City Council's agenda the first week in March, asking the State Legislature to 30 appropriate dollars back into the innovation fund to allow them to be used to lure biotech and 31 life science businesses to this area. The Mayor attended the Economic Development Advisory 32 Group and advised them of the council workshop on economic development the first meeting 33 in April. The Mayor reported he had attended a meeting for the Honda Classic, which would 34 promote the City. Mayor Russo also reported attending the Palm Beach Gardens High School 35 opening game where Zack Minor's number was retired. 36 CITY MANAGER REPORT: 37 The great work done by members of staff on the Lake Catherine project was recognized. 38 Turnpike Report - City Engineer Dan Clark reported the future turnpike project would widen 39 from four to eight lanes, and no sound information had yet been formulated. Mr. Clark 40 advised of a possible new turnpike interchange at Hood Road which would take a lot of 41 traffic off PGA Boulevard and other roads. 42 Regional Center Traffic Report - City Engineer Dan Clark reported one traffic signal had been 43 warranted, another was close to being warranted, and the third would take awhile, the cost 44 for all three was estimated at $1.5 million, design and permitting could begin right away. 45 Consensus was to go forward with the traffic signal at Kyoto Gardens Drive possibly using 46 money from reserves to be recouped from future development. 47 Shady Lakes Blvd. Turn Radius — City Engineer Clark reported both Department of 48 Transporation and the County had provided certification letters that the intersection met code. CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/15/07 2 1 Lighting issue at Midtown (f.k.a. Borland) - City Manager Ferris reported shields had been 2 placed on all the lights and code would have to be maintained for wattage. Residents had 3 requested wattage be lowered, which was being considered if code could still be maintained. 4 Southhampton Landscaping — The City Manager advised that Southhampton was required to 5 install some landscaping by March 18 per the development order. 6 Cimarron Cove Status — City Manager Ferris reported Cimarron Cove had not requested a 7 clearing permit; in the event they moved forward and then stopped, they would be required to 8 seed the entire site. 9 Carlton Oaks/West Palm Beach/County re: Firehouse and Annexation — The City Manager 10 advised they were proceeding with construction of the temporary facility even though 1 t Commissioner Marcus, the City, and Carlton Oaks residents objected. Consensus of Council 12 was that staff pursue objection to the annexation. 13 Downtown at the Gardens — City Manager Ferris announced no permits or occupational 14 licenses would be issued to restaurants in Downtown at the Gardens, since their parking 15 capacity had been reached. 16 Marina Gardens — This item had been discussed earlier in the meeting. 17 Auction - The City Manager reported $115,742 had been collected from the auction of 18 surplus equipment. 19 Evergrene Development Issue — City Manager Ferris advised the staff had been approached 20 by a number of Evergrene residents with complaints about WCI and their development order, 21 which were being researched by a task force of staff members. 22 Callery Judge — The City Manager reported an all -day mediation had been held and another 23 was being scheduled to review additional traffic information. 24 Palm Beach Gardens High School Modernization Project — City Manager Ferris announced 25 the site plan was currently under review and was scheduled for March 15 to appear before 26 Council, and Florida Department of Transporation approval was being sought for a traffic 27 light at Lilac and Military Trail. 28 United States Post Office Kiosk — City Manager Ferris reported vending machines had been 29 removed from the kiosk by the post office, and the post office was being contacted as to the 30 reason. 31 Bio 2007 — The City Manager Ferris advised the City had agreed to participate in an 32 Ambassador Program with Business Development Board, and plans were ongoing. 33 Fairchild Gardens/Legacy Place — City Manager Ferris reported a 4 -way stop at this 34 intersection had been completed. 35 COMMENTS FROM THE PUBLIC: 36 Sharon Green, Palm Beach County Health Department, thanked the City for their 37 proclamation regarding Step Up Florida. 38 CONSENT AGENDA: Vice Mayor Barnett requested item (b) be pulled. Councilmember 39 Jablin made a motion to approve the consent agenda minus item (b). Councilmember Levy 40 seconded the motion, which carried by unanimous 5 -0 vote. Therefore, the following items 41 were approved on the consent agenda: 42 a. Resolution 13, 2007 - Purchase of a Air Street Sweeper. A Resolution of the 43 City Council of the City of Palm Beach Gardens, Florida awarding a contract 44 for the purchase of one Schwarze A7000 Regenerative Air Street Sweeper to 45 Container Systems & Equipment Company, Inc. via an existing contract with CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/15/07 3 I the Florida Sheriffs Association, Contract no. 06 -14 -0821; and providing an 2 effective date. 3 b. Pulled. 4 C. Resolution 20, 2007 - Lease award to Citicapital (Club Car). A Resolution of 5 the City Council of the City of Palm Beach Gardens, Florida approving a four 6 (4) year lease agreement with Citicapital, Inc. for golf carts from Club Car, 7 Inc. via an existing agreement with the Village of North Palm Beach dated 8 October 23, 2006; authorizing the Mayor and the City Clerk to execute said 9 agreement; and providing an effective date. 10 d. Resolution 23, 2007 -- Appoint to the City's Canvassing Board. AResolution 11 of the City Council of the City of Palm Beach Gardens, Florida appointing the 12 Supervisor of Elections to the City's Canvassing Board and authorizing the 13 Supervisor of Elections to act on the City's behalf, authorizing the City Clerk 14 to appoint election officials for the purpose of conducting the municipal is election; and providing an effective date. 16 e. Proclamation — Step up Florida Day. 17 f. Proclamation — National Engineers Week. 18 Item Pulled from Consent Amenda: 19 Resolution 16, 2007 — PGA Boulevard Flyover Towers. A Resolution of the City Council of 20 the City of Palm Beach Gardens, Florida allocating Art Impact Fees for architectural 21 enhancements to the PGA Boulevard Flyover Towers, and Change Order No. 2 (final) with 22 Wendy M. Ross for the PGA Flyover Tower sculptures; and providing an effective date. Vice 23 Mayor Barnett expressed concern regarding the costs for travel expenses. Angela Wong, 24 Construction Services, explained the extra charges presented for consideration. Discussion 25 ensued. Consensus was that Council members would meet with staff to discuss their concerns 26 and this item would be brought back to the next meeting. 27 PUBLIC HEARINGS: Mayor Russo described the process that would be followed in all of 28 tonight's quasi judicial hearings. The City Clerk swore in all those intending to offer testimony 29 in any of tonight's cases. 30 Part II — Non- Ouasi- iudicial 31 Ordinance 3, 2007 — (2nd Reading and adoption) Amendment to the General Employee 32 Defined Benefit Pension Plan. An Ordinance of the City Council of the City of Palm Beach 33 Gardens, Florida relating to the General Employees' Pension Plan (DB); amending Section 3- 34 126, Code of Ordinances entitled "Definitions "; amending Section 3 -127, Code of Ordinances 35 entitled "Membership "; amending Section 3 -135, Code of Ordinances entitled "Optional 36 Forms of Benefits "; amending Section 3 -140, Code of Ordinances entitled "Distribution of 37 Benefits "; amending Section 3 -147, Code of Ordinances entitled "Direct Transfers ofEligible 38 Rollover Distributions', providing for codification; and providing an effective date. The City 39 Clerk read Ordinance 3, 2007 by title only on second reading. Finance Director Allan Owens, 40 announced no changes since first reading. Mayor Russo declared the public hearing open. 41 Hearing no comments from the public, Mayor Russo declared the public hearing closed. 42 Councilmember Jablin moved approval of Ordinance 3, 2007 on second reading by title only. 43 Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. 44 Ordinance 5, 2007 — (J" Reading ) Amending Chart of Permitted Uses. An Ordinance of the 45 City Council of the City of Palm Beach Gardens, Florida related to permitted uses in the CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/15/07 4 I Professional Office (PO) Zoning District; amending Section 78 -159, Code of Ordinances, 2 entitled "Permitted Uses, Minor, and Major Conditional Uses, and Prohibited Uses "; 3 providing for codification; and providing an effective date. The City Clerk read Ordinance 3, 4 2007 by title only on second reading. Donaldson Hearing spoke on behalf of the applicant, 5 Turtle Beach, Ltd. Mayor Russo declared the public hearing open. Vito DeFrancesco, Shady 6 Lakes, commented on lights and noise that would be produced from adding a drive thru to 7 financial institutions, and expressed his opinion business should be kept inside their structures. 8 Discussion ensued. Staff advised City Council would still retain control. Hearing no further 9 comments from the public, Mayor Russo declared the public hearing closed. Councilmember 10 Jablin moved to place Ordinance 5, 2007 on first reading by title only. Councilmember Levy 11 seconded the motion, which carried by unanimous 5 -0 vote. 12 Part I — Ouasi- judicial 13 Resolution 12, 2007 - Wall Siam - -for Lydian Bank and Trust. A Resolution of the City 14 Council of the City of Palm Beach Gardens, Florida approving wall signage for Lydian Bank 15 and Trust within the City Centre Planned Unit Development (PUD), as more particularly 16 described herein; providing for two waivers; and providing an effective date. The City Clerk 17 read Resolution 12, 2007 by title only. Mayor Russo declared the public hearing open and 18 called for ex -parte communications. Vice Mayor Barnett, Councilmember Jablin, 19 Councilmember Valeche, and Mayor Russo each reported none. Councilmember Levy 20 reported he had spoken with Ken Tuma briefly tonight. Lindsey Schuenberger, Urban Design 21 Studio, spoke on behalf of the applicant. Hearing no comments from the public, Mayor Russo 22 declared the public hearing closed. Councilmember Jablin moved to approve Resolution 12, 23 2007. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote 24 Ordinance 6, 2007 - (0 Reading) DiVosta PGA/Turtle Beach PUD. An Ordinance of the City 25 Council of the City of Palm Beach Gardens, Florida relating to rezoning; rezoning a parcel of 26 land consisting of 1.01 acres, located on the South side of PGA Boulevard, approximately 27 500 feet West of Military Trail and East of PGA Commons Phase III, as described more 28 particularly herein, from Residential Medium (RM) to Planned Unit Development (PUD) 29 overlay with an underlying zoning of Professional Office (PO) to be known as the DiVosta 30 PGA/Turtle Beach PUD; providing for revisions to the zoning district map; and providing an 31 effective date. [Resolution 17, 2007 is a companion item to Ordinance 6, 2007 and will 32 require Council action at second reading.] Resolution 17, 2007 - DiVosta PGA/Turtle 33 Beach PUD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida 34 approving the DiVosta PGA/Turtle Beach Planned Unit Development (PUD), which is 35 located on the South side of PGA Boulevard, approximately 500 feet West of Military Trail 36 and East of PGA Commons Phase III, to allow the development of 2,500 square feet of 37 financial institution with drive - through facilities and 2,650 square feet of office use on an 38 approximately 1.01 -acre parcel, as described more particularly herein; providing for waivers; 39 providing for conditions of approval; and providing an effective date. The City Clerk read 40 Ordinance 6, 2007 by title only on first reading. Mayor Russo opened the public hearing and 41 called for ex -parte communication. Each member of the Council reported no ex -pane; Mayor 42 Russo reported he spoke with Mr. DiVosta approximately three years ago and did not discuss 43 this particular petition; Councilmember Jablin also recalled speaking with Mr. DiVosta in the 44 past, but not about this particular petition. Donaldson Hearing spoke on behalf of the 45 applicant, and answered questions from the City Council regarding traffic configuration. The CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/15/07 5 I applicant agreed to bring traffic calming configurations and traffic templates at second 2 reading. Dan Eagle, representing Mr. DiVosta, answered drainage questions from the City 3 Council. Carl Erickson, resident at 4151 Magnolia Street near the proposed project, 4 expressed concern regarding the cross access. Vito DeFrancesco, Shady Lakes, commented 5 on the light intensity, lack of trees in the buffer area, and noise generation. Carolyn Chaplik, 6 715 Hudson Bay Drive, advised the Planning Zoning and Advisory board wanted to be sure 7 the project had the original architecture, a wall and landscaping to protect residents, and felt 8 strongly about having connectivity. Lois Erickson, 4151 Magnolia, directly behind the project, 9 spoke against the cross access. Hearing no further comments from the public, Mayor Russo 10 declared the public hearing closed. Consensus was not to allow the cross access. Staff advised 11 lights would be shielded. Councilmember Jablin moved to place Ordinance 6, 2007 on first 12 reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 13 5 -0 vote. 14 Ordinance 7, 2007 — (1" reading) Gardens Commerce Center, An Ordinance of the City 15 Council of the City of Palm Beach Gardens, Florida relating to rezoning; rezoning a parcel of 16 land consisting of 4.45 acres, located on the West side of Riverside Drive, East of Interstate 17 95, North of Plat 5, and approximately 300 feet South of Burns Road, as described more 18 particularly herein, from Light Industrial (M -1 A) to Planned Unit Development (PUD) 19 overlay with an underlying zoning of Light Industrial (M -IA) to be known as the Gardens 20 Commerce Center PUD; providing for revisions to the Zoning District Map; and providing an 21 effective date. [Resolution 18, 2007 is a companion item to Ordinance 7, 2007 and will 22 require Council action at second reading.] Resolution 18, 2007 — Gardens Commerce 23 Center. A Resolution of the City Council of the City of Palm Beach Gardens, Florida 24 approving the Gardens Commerce Center Planned Unit Development (PUD) to allow the 25 development of three buildings consisting of 41,577 square feet of light industrial use and 26 27,718 square feet of accessory professional office use on a 4.45 -acre parcel, as described 27 more particularly herein; providing for waivers; providing for conditions of approval; and 28 providing an effective date. The City Clerk read Ordinance 7, 2007 by title only on first 29 reading, and swore in Ryan Johnston, representative for the applicant. Mayor Russo declared 30 the public hearing open. Each member of the Council reported no ex -parte communication. 31 Mr. Johnston presented the project on behalf of the applicant. Mr. Bruce Mills of Theis 32 Distributing, the proposed project anchor, described their company's operations. Mr. 33 Johnston, Mr. Mills, and staff answered questions from the City Council. Marilyn Brent, 3931 34 Dogwood, directly across the water from the proposed project, asked the City Council not to 35 change the colors and reported staff and the owner had been extremely cooperative and 36 welcomed this project to their neighborhood. Hearing no further comments from the public, 37 Mayor Russo declared the public hearing closed. Councilmember Jablin moved to place 38 Ordinance 7, 2007 on first reading by title only. Councilmember Levy seconded the motion, 39 which carried by unanimous 5 -0 vote. 40 ORDINANCES: 41 Ordinance 1 2007 — Updating the procedures and guidelines to the City Art in Public Places 42 program. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida 43 relating to Art in Public Places to clarify and update the procedures and guidelines applicable 44 to the City's Art in Public Places program; repealing Section 78 -261, Code of Ordinances 45 entitled "Definitions "; Repealing Section 78 -262, Code of Ordinances entitled "Fee Imposed CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/15/07 6 I on Developments "; creating a new Section 78 -261, Code of Ordinances to be entitled "Art in 2 Public Places Requirements "; creating a new Section 78 -262, Code of Ordinances to be 3 entitled "Standards for Artwork "; creating a new Section 78 -263, Code of Ordinances to be 4 entitled "Waivers "; providing for codification; and providing an effective date. The City Clerk 5 read Ordinance 1, 2007 by title only on first reading. Brad Wiseman, Growth Management 6 Planning Manager, presented the proposed changes. Vice Mayor Barnett requested further 7 discussion of the procurement threshold. Lee Bickford, Art in Public Places Advisory Board, 8 requested the current $1 million base be lowered to be more in tune with other communities. 9 Councilmember Jablin moved to place Ordinance 1, 2007 on first reading by title only. 10 Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. 11 CITY ATTORNEY REPORT: 12 City Attorney Christine Tatum reported the Department of Community Affairs had issued 13 notice of intent on the City's four Bioscience Comprehensive Plan amendments and they were 14 now in effect. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/15/07 7 ADJOURNMENT There being no further business to discuss, the s APPROVAL: RUSSO 10:11 P.M. CO CO"CILMEMBER VALECHE COUNCILME BARNETT ATTEST: lei 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. All referenced attachments are on file in the City Clerk's office.