HomeMy WebLinkAboutMinutes Council 030107CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 March 1, 2007
6 The March 1, 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 welcomed Boy Scout
13 Troop 712.
14 ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS:
15 Vice Mayor Barnett reported she had attended a meeting with County planning staff
16 regarding transit oriented development, and suggested a workshop on that topic. The Vice
17 Mayor reported the opening of the Fall baseball season last week. Councilmember Levy
18 reported softball opened the previous week. Councilmember Valeche told a joke regarding
19 the Honda Classic. Councilmember Jablin, who had been in the hospital again, thanked those
20 who wished him well. Councilmember Jablin reported he had attended the Honda Classic that
21 day. Mayor Russo reported he had attended the Life Science meeting and received the draft
22 Town of Jupiter Economic Development Fund, which he gave to staff for review, comment
23 and asked to move ahead with coordinated development without duplication. Groundbreaking
24 for the Scripps site was scheduled for next Friday. Mayor Russo reported he had attended a
25 dinner for the Honda Classic and reported donations for the Jack Nicholaus charity and for a
26 TEE program in the schools. The Mayor advised ten relocation firms were in town to tour the
27 City and attend the Honda Classic. Mayor Russo thanked the Council for their
28 accomplishments during the past year, and spoke of challenges for the coming year, including
29 the property tax issue. Mayor Russo suggested a town hall meeting in May; staff was to look
30 at dates for the meeting in April or May.
31 CITY MANAGER REPORT:
32 Northlake Boulevard Task Force — City Engineer Dan Clark reported Phase One was near
33 completion and Phase Two would begin in the spring of 2008. A grant application would be
34 submitted for Phase Four, which would be the Palm Beach Gardens portion of the
35 improvements. If the grant was received it would be scheduled for 2010.
36 COMMENTS FROM THE PUBLIC:
37 Roger Blangy, Garden Woods, gave a chronology of the City's actions for a railroad crossing
38 at Kyoto Gardens Drive and stated the residents of Garden Woods asked for repeal of
39 Resolution 147, 1999.
40 Vito DeFrancesco, Shady Lakes, reported lights from a new restaurant distracted drivers, and
41 advised the barrier fence along Shady Lakes Drive had been removed prematurely. Mr.
42 DeFrancesco indicated he wanted protection from the view of the Borland project with a 20-
43 foot buffer.
44 Pat Hughey, Palm Beach Square, thanked the City for the event held for the volunteers, and
45 reported she had been impressed seeing the young people working at the Honda Classic.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/1/07 2
1 CONSENT AGENDA: Councilmember Jablin moved approval of the consent agenda.
2 Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
3 a. Resolution 21, 2007 — Addendums to Agreements for Disaster Recovery
4 Services. A Resolution of the City Council of the City of Palm Beach
5 Gardens, Florida approving Addenda to Stand -By Agreements with Ceres
6 Environmental Services, Inc., Phillips & Jordan, Inc., and Ashbritt, Inc. for
7 disaster recovery services; authorizing the Mayor and City Clerk to execute
8 the Addenda; and providing an effective date.
9 b. Resolution 22, 2007 - Addendums to Agreements for Storm- Generated
10 Debris Material Services. A Resolution of the City Council ofthe City ofPalm
11 Beach Gardens, Florida approving Addenda to Stand -By Agreements with C
12 & W Logistics, Inc. and Total Maintenance Building Services, Inc. for storm -
13 generated debris material disposal services; authorizing the Mayor and City
14 Clerk to execute the Addenda; and providing an effective date.
15 C. Resolution 24, 2007 - Work Authorization to Murray Logan Construction,
16 Inc. A Resolution of the City Council of the City of Palm Beach Gardens,
17 Florida approving a work authorization and notice to proceed to Murray
18 Logan Construction, Inc. based on its existing Annual Public Works contract
19 dated May 6, 2004, for the restoration of the Bellewood Canal, from the
20 Earman River Canal to Applecrest Drive, as part of the 2002 Stormwater
21 System Management Plan; and providing an effective date.
22 d. Resolution 25, 2007 - Three (3) Continuing Contracts for Professional
23 Graphic Services. A Resolution of the City Council of the City of Palm Beach
24 Gardens, Florida awarding continuing contracts for Professional Services to
25 Caren Hackman, Inc., Palm Beach Media Associates, Inc., and Tara Biek
26 Creative, LLC; authorizing the Mayor and City Clerk to execute the
27 agreements; and providing an effective date.
28 e. Resolution 26, 2007 — Agreement with Palm Beach Community College. A
29 Resolution of the City Council of the City of Palm Beach Gardens, Florida
30 approving an agreement with Palm Beach Community College providing for
31 the education and training of students in the Paramedic and EMT programs;
32 and providing an effective date.
33 f. Proclamation - Women in Construction Week,
34 PUBLIC HEARINGS:
35 Part I — Quasi -i udicial — Mayor Russo announced the procedures that would be followed in
36 tonight's quasi-judicial cases. The City Clerk swore all those intending to offer testimony in
37 any of tonight's cases.
38 Resolution 14, 2007 - Police Communication Tower. A Resolution of the City Council ofthe
39 City of Palm Beach Gardens, Florida approving a major conditional use to allow for the
40 installation of a 185 -foot monopole communication tower and associated ground equipment
41 on the City's property located at 9290 Park Lane; as more particularly described herein; and
42 providing an effective date. The City Clerk read Resolution 14, 2007 by title. Mayor Russo
43 declared the public hearing open and called for exparte communication. Councilmember Levy
44 reported he had spoken to Bob O'Dell; Councilmember Jablin reported speaking with staff,
45 Mayor Russo stated he met with staff. Stephen Stepp, Police Chief, presented the request for
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/1/07 3
the police radio communication tower. Brad Wiseman, Growth Management, made a
presentation. Richard Jacobs, resident, questioned whether the tower would stand during a
hurricane. Response was it would be built to withstand category 5 hurricane winds.
Councilmember Jablin moved approval of Resolution 14, 2007. Councilmember Levy
seconded the motion, which carried by unanimous 5 -0 vote. Mayor Russo advised the City
staff was working on the turnpike issue.
Ordinance 7, 2007 -(2 "a reading and adoption) Gardens Commerce Center. An Ordinance of
the City Council of the City of Palm Beach Gardens, Florida relating to rezoning; rezoning a
parcel of land consisting of 4.45 acres, located on the West side of Riverside Drive, East of
Interstate 95, North of Plat 5 and approximately 300 feet South of Burns Road, as described
more particularly herein, from Light Industrial (M -1 A) to Planned Unit Development (PUD)
overlay with an underlying zoning of Light Industrial (M- I A) to be known as the Gardens
Commerce Center PUD; providing for revisions to the zoning district map; and providing an
effective date. [Resolution 18, 2007 is a companion item to Ordinance 7, 2007 and will
require Council action. ] Resolution 18, 2007 — Gardens Commerce Center. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida approving the Gardens
Commerce Center Planned Unit Development (PUD) to allow the development of three
buildings consisting of 41,577 square feet of light industrial use and 27,718 square feet of
accessory professional office use on a 4.45 -acre parcel, as described more particularly herein;
providing for waivers; providing for conditions of approval; and providing an effective date.
The City Clerk read Ordinance 7, 2007 on second reading by title only. Mayor Russo declared
the public hearing open. No exparte communication was reported by any ofthe Council. Ryan
Johnston reported nothing was new since his last presentation, and submitted a color board as
requested at the last meeting. Marilyn Brent, 3932 Dogwood, directly behind the project,
indicated she liked the color and thanked Stephen Mayer, Ryan Johnston, and Glenn Strubb,
and welcomed the applicant. Steven Parkola, 3861 Dogwood, expressed concern about noise
from the project in the evening hours; Mr. Johnston responded certain uses had been
eliminated and hours limiting noise would be in the declarations. Hearing no further comments
from the public, Mayor Russo declared the public hearing closed. Vice Mayor Barnett and
Mayor Russo indicated they preferred subdued colors. Councilmember Jablin moved adoption
of Ordinance 7, 2007 on second reading by title only. Councilmember Levy seconded the
motion, which carried by unanimous 5 -0 vote. The City Clerk read Resolution 18, 2007 by
title. Councilmember Jablin moved approval of Resolution 18, 2007. Councilmember Levy
seconded the motion, which carried by unanimous 5 -0 vote.
Part H — Non - Ouasi- iudicial
Ordinance 8, 2007 — (l" reading) Limitations to maximum height waivers. An Ordinance of
the City Council of the City of Palm Beach Gardens, Florida relating to limitations on height
waivers; amending Section 78 -158, Code of Ordinances, entitled "Waivers to Planned
Development District Regulations ", amending Section 78 -184, Code of Ordinances, entitled
"Height of Buildings" to impose limitations on height waivers; providing for codification; and
providing an effective date. The City Clerk read Ordinance 8, 2007 on first reading by title
only. Mayor Russo declared the public hearing open. Growth Management Administrator
Kara Irwin, presented the proposed code amendment, and reported the Planning, Zoning and
Appeals board had unanimously voted to recommend denial of the amendment, and
Catalfumo Construction had presented a letter of objection at that meeting. Jeff Marshall,
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/1/07 4
1 Catalfumo Construction, objected to the proposed Ordinance, and requested ifthe Ordinance
2 was moved forward that Parcel 5B be exempted. Ken Tuma requested flexibility and
3 creativity be retained. Vito DeFrancesco, Shady Lakes, spoke in favor of the Ordinance. Joan
4 Elias, 1009 Diamond Head Way, spoke against the Ordinance which would limit flexibility
5 and stated her agreement with the Planning, Zoning and Appeals Board. Gabrielle Bargersek,
6 Realtors Association of the Palm Beaches, expressed their organization's opposition to a
7 super majority vote. Marilyn Lew- Jacobs, Bermuda Lake Drive, a Supervisor at Northern
8 Palm Beach County Improvement District, expressed objection to the Ordinance which would
9 limit flexibility for workforce housing. Don Hearing, representing Loehmann's Plaza,
10 commented this Ordinance could hamper development of that site, and suggested a possible
11 height overlay. John Chaplik, Hudson Bay Drive, spoke in favor of the Ordinance. Carolyn
12 Chaplik, Hudson Bay Drive, commented a lot of residents had not been heard. Richard
13 Orman, Oak Street, supported the Ordinance. Michael O'Rourke, spoke in favor of the
14 Ordinance. Colin Wood, Boy Scout Troop 712, supported taller buildings so that there could
15 be more woods. Hearing no further comments from the public, Mayor Russo declared the
16 public hearing closed. There were comments and recommendations from the City Council.
17 Consensus was to hear a presentation by Catalfumo Construction at the next meeting.
18 Councilmember Jablin moved to place Ordinance 8, 2007 on first reading by title only.
19 Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
20 RESOLUTIONS:
21 Resolution 30, 2007 - Potential future growth in the "Midwestern Area" of Palm Beach
22 County. A Resolution of the City Council of the City of Palm Beach Gardens, Florida related
23 to potential future growth in the mid - western area of Palm Beach County; urging other
24 Municipalities in Palm Beach County to review the proposed development throughout the
25 mid - western area and to request that the Board of County Commissioners comprehensively
26 address the land -use and transportation issues in the mid - western area; and providing an
27 effective date. City Attorney, Tatum, provided background information. Councilmember
28 Jablin moved approval of Resolution 30, 2007. Councilmember Levy seconded the motion,
29 which carried by unanimous 5 -0 vote.
30 Resolution 31, 2007 - Recognizing the scientific accomplishments of Scripps Florida. A
31 Resolution of the City Council of the City of Palm Beach Gardens, Florida recognizing the
32 scientific accomplishments of Scripps Florida; requesting continuation of the Florida
33 innovation incentive fund; and respectfully requesting the leadership of the State ofFlorida to
34 continue to promote the life science industry; and providing an effective date. City Attorney,
35 Tatum, provided information regarding the proposal. Councilmember Jablin moved approval
36 of Resolution 31, 2007. Councilmember Levy seconded the motion, which carried by
37 unanimous 5 -0 vote.
38 ORDINANCES:
39 Ordinance 9, 2007 - Alternative method of aualif ip&for election. An Ordinance of the City
40 Council of the City of Palm Beach Gardens, Florida relating to elections; amending Chapter
41 26, Code of Ordinances, entitled "Elections" to provide an alternative method of qualifying
42 for election; providing for codification; and providing an effective date. The City Clerk read
43 Ordinance 9, 2007 by title only. City Attorney, Tatum, provided clarification. Vice Mayor
44 Barnett moved approval of Ordinance 9, 2007. Councilmember Levy seconded the motion,
45 which carried by unanimous 5 -0 vote.
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 311107 5
ITEMS FOR COUNCIL ACTION /DISCUSSION:
Vice Mayor Barnett requested that if any member of the Council could not make a staff
meeting that materials be e- mailed to them before the Council meeting. Vice Mayor Barnett
suggested an affordable housing workshop be held soon.
ADJOURNMENT
There being no further business
APPROVAL:
ATTEST:
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PATRICIA SNIDER, CMC
CITY CLERK
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COUNCIL E ARNETT
P.m.
36 Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not
37 verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the City
38 Clerk. All referenced attachments are on file in the City Clerk's office.
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