HomeMy WebLinkAboutMinutes Council 051707I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 May 17, 2007
5
6 The May 17, 2007 Regular Meeting of the City Council of the City of Palm Beach Gardens,
7 Florida, was called to order at 7:05 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 Levy, Councilmember Jablin,
12 Councilmember Valeche, and Councilmember Barnett.
13 ADDITIONS, DELETIONS, MODIFICATIONS:
14 Mayor Russo announced deletion of Resolution 48, 2007, Letter of Support for the South
15 Florida Regional Transportation Authority; and postponement of second reading of
16 Resolution 10, 2007, Employer Sponsored Housing, to a date certain of June 7, 2007 at 7
17 p.m. Councilmember Jablin made a motion to approve the deletion and modification as
18 stated by the Mayor. Vice Mayor Levy seconded the motion. Councilmember Barnett
19 expressed concern regarding the delay. Attorney Steve Mathison, representative for the
20 applicant for Resolution 10, 2007, explained this item had been requested to be delayed in
21 order to work with the residents of San Matera. Council discussion ensued regarding the
22 delay. The City Attorney advised the re- advertisement and re- noticing of residents because
23 of the confusion on this petition. Motion carried by unanimous 5 -0 vote. Councilmember
24 Jablin made a motion to move Ordinance 10, 2007 to immediately follow the consent
25 agenda. Councilmember Valeche seconded the motion, which carried by unanimous 5 -0
26 vote.
27 ANNOUNCEMENTS / PRESENTATIONS:
28 Flag and Certificate Presentation from USMC Corporal Michael Knight, Avionics
29 Technician, Marines. Corporal Knight's mother, Virginia Knight, thanked everyone at the
30 Riverside Enrichment Center for their support. In appreciation of the City's support,
31 Corporal Knight presented to the City the flag flown over Marine Heavy Helicopter
32 Squadron 363 Headquarters in Al Asad, Iraq.
33 Mayor Russo announced defeat of the Callery-Judge project and thanked staff and in
34 particular Talal Benothman, who had made an excellent presentation.
35 ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS:
36 Councilmember Barnett reported she and Councilmember Valeche had attended the PGA
37 Corridor Association annual update and heard different developers' ideas for development
38 along PGA Boulevard. Councilmember Barnett reported attending the Executive Women's
39 Club, women in leadership awards, and also a conference held by Leadership of Palm Beach
40 County. Vice Mayor Levy announced he was proud of his brown yard, showing he was using
41 less water, and reported attending Exchange City, a 5t" grade program. Vice Mayor Levy
42 announced he had attended the Bio Science Land Advisory Board meeting which met at
43 Loggerhead Park, and recommended residents go there. Councilmember Valeche announced
44 this was the last meeting prior to Memorial Day and people were losing their lives right now,
45 and encouraged everyone to attend the planned events and think of those putting their lives
46 on the line. Councilmember Jablin expressed hope that the City was not giving citations for
47 brown lawns. Mayor Russo reported attending the Biotech Overlay meeting and spoke about
48 a prospective business that might move here, which would be very good for the City. Mayor
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/17/07 2
1 Russo reported touring the Navy ship, USS Carr, and reported that the crew had appreciated
2 the City's events. The Mayor requested that City Engineer Dan Clark be involved in the
3 location of the Turnpike Interchange so that residents would be least impacted. Mayor Russo
4 reported he had attended the Let Us Vote presentation by the Mayor of Palm Beach, a
5 Charter amendment which would give the Cities home rule, so that when a referendum went
6 on the County ballot it would have to be adopted by both the County and the applicable City
7 in order for it to apply in that City. The Mayor advised a decision must be made whether the
8 City wanted home rule. Councilmember Valeche expressed his support of the home rule
9 proposal as a board member of the League of Cities. Mayor Russo confirmed with the
10 Council that they approved his doing a one -line promotion of a local radio station.
11 COMMENTS FROM THE PUBLIC:
12 Joan Elias, Diamond Head Way, resident and President of C.A.N. (Community Association's
13 Network) at PGA National, reported approximately 400 cards from PGA National had been
14 turned in at the Callery -Judge hearing, described the presentation, and asked residents to
15 look at the whole County and not just their City. Dr. Robert Davis, Orchid Cay in
16 BallenIsles, agreed with the time allowed for speaking and reported the PGA Coalition was
17 planning to change their name to the Palm Beach Gardens Membership for Development.
18 Carolyn Chaplik, Hudson Bay Drive, thanked the City Manager for his help with the
19 Northern Palm Beach County Improvement District, and thanked the Council for their
20 representation at the Callery -Judge hearing. Ms. Chaplik suggested using reverse 911 to
21 notice more residents. Mayor Russo announced Memorial Day events would begin at 9:30
22 a.m. at the Burns Road Community Center.
23 CONSENT AGENDA:
24 Councilmember Jablin moved approval of the Consent Agenda; Vice Mayor Levy
25 seconded the motion. Motion carried by unanimous 5 -0 vote. The following items were
26 approved on the Consent Agenda.
27 a. Approve Minutes from April 5, 2007 regular City Council meeting.
28 b. Resolution 51, 2007 — Let Us Vote. A Resolution of the City Council of the
29 City of Palm Beach Gardens, Florida (the "City") providing that the
30 dissemination of information concerning the impacts of this amendment on
31 the citizens of the County and the City is essential to the health, safety,
32 protection, and welfare of the City and its citizens; finding that the
33 expenditure of money in support of the proposed amendment to the Palm
34 Beach County Charter serves a public purpose; and providing an effective
35 date.
36 C. Resolution 52, 2007 — Vending Contract with Coca -Cola. A Resolution of the
37 City Council of the City of Palm Beach Gardens, Florida awarding a non -
38 exclusive contract for vending machine services to Florida Coca -Cola
39 Bottling Company; authorizing the Mayor and City Clerk to execute the
40 contract; and providing an effective date.
41 d. Proclamation — National Police Week.
42 PUBLIC HEARINGS:
43 Non - Quasi- judicial
44 Ordinance 10 2007 — (2nd reading and adoption) Employer Sponsored Housing. An
45 Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to
46 Employer- Sponsored Housing; creating a new Section 78 -193, Code of Ordinances, to be
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/17/07 3
1 entitled "Employer- Sponsored Housing "; amending Section 78 -751, Code of Ordinances,
2 entitled "Definitions "; providing for codification; and providing an effective date. The City
3 Clerk read Ordinance 10, 2007 by title. Mayor Russo declared the public hearing open.
4 Councilmember Jablin moved to continue 2nd reading and adoption of Ordinance 10, 2007 to
5 a date certain of June 7, 2007 and require the applicant to send notification to all of San
6 Matera and to notify the City by 5 p.m. June 5, 2007 at the latest if they plan to postpone.
7 Vice Mayor Levy seconded the motion, which carried by unanimous 5 -0 vote.
8 Quasi-judicial
9 Ordinance 2, 2007 — (2nd reading and adoption) Sunoco Service Station Planned Unit
10 Development. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
11 relating to rezoning; rezoning a parcel of land consisting approximately of 0.80 acres,
12 generally located at the Southeast corner of PGA Boulevard and Prosperity Farms Road, as
13 more particularly described herein, from General Commercial (CG -1) to a Planned Unit
14 Development (PUD) overlay with underlying General Commercial (CG -1) zoning, to be
15 referred to as the "Sunoco Service Station "; amending the zoning district map; and providing
16 an effective date. [Resolution 19, 2007 is a companion item to Ordinance 2, 2007 and will
17 require Council action.] Resolution 19, 2007 - Sunoco Service Station Planned Unit
18 Development. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
19 approving the site plan and major conditional use for the 0.80 -acre parcel of land,
20 generally located at the Southeast corner of PGA Boulevard and Prosperity Farms Road, as
21 more particularly described herein, to be referred to as the "Sunoco Service Station ";
22 allowing the redevelopment of the existing convenience store with gas sales; providing for
23 waivers; providing for conditions of approval; and providing an effective date. The City
24 Clerk read Ordinance 2, 2007 and Resolution 19, 2007 by title. Mayor Russo declared the public
25 hearing open and called for ex -parte communication. Vice Mayor Levy reported an exchange of
26 e -mails with Tom Vanna regarding the environmental system that may or may not be connected
27 with this. Mayor Russo reported discussion with staff. The Mayor announced the procedures
28 that would be followed in tonight's quasi-judicial proceedings. The City Clerk swore in all those
29 intending to speak on this matter. Representatives of the applicant S &S Rentals, Inc., answered
30 questions regarding the generator. Amir Kanel, Man -O -War Road, expressed his opinion all gas
31 stations should have permanently installed generators. Hearing no further comments from the
32 public, Mayor Russo declared the public hearing closed. Another resident indicated a desire to
33 speak. Mayor Russo re- opened the public hearing. The City Clerk swore in Mr. Kanel and Mr.
34 Giammarle. Alan Giammarle, 16`" Lane, suggested a requirement to have a generator in place
35 within 24 hours before a storm. Hearing no further comments from the public, Mayor Russo
36 declared the public hearing closed. Councilmember Jablin made a motion to adopt Ordinance 2,
37 2007 on second reading with the condition that the applicant, successors, and assigned 1:13:50
38 shall within 48 hours after a major storm event provide a generator on site. Vice Mayor Levy
39 seconded the motion, which carried by unanimous 5 -0 vote. Councilmember Jablin made a
40 motion to approve Resolution 19, 2007. Vice Mayor Levy seconded the motion, which carried
41 by unanimous 5 -0 vote. The City Council clarified for the applicant that the understanding was
42 that the generator would only be required in the event power was lost.
43 ORDINANCES:
44 Ordinance 18, 2007 - Drought- related water restrictions. An Ordinance of the City Council
45 of the City of Palm Beach Gardens, Florida relating to drought - related water restrictions;
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/17/07 4
1 authorizing the City Manager to implement necessary modifications to the requirements for
2 landscaping installation during periods of drought; and providing an effective date. The City
3 Clerk read Ordinance 18, 2007 by title on first reading. Councilmember Jablin made a
4 motion that Ordinance 18, 2007 be placed on first reading by title only. Vice Mayor Levy
5 seconded the motion, which carried by unanimous 5 -0 vote.
6 CITY ATTORNEY REPORT:
7 City Attorney Christine Tatum reported continuing efforts on the sector plan negotiations
8 between DCA and the County. She advised that West Palm Beach and Royal Palm Beach
9 were authorized to intervene in the administrative hearing and asked for same authorization.
10 Councilmember Jablin made a motion to authorize the City Attorney to continue her efforts
11 with the sector plan administrative hearing. Vice Mayor Levy seconded the motion, which
12 carried by unanimous 5 -0 vote.
13 ITEMS FOR COUNCIL ACTION /DISCUSSION:
14 Vice Mayor Levy expressed his desire for a wildlife corridor for the Mecca Farms site from
15 Grassy Waters to the Corbitt area; and that there be no development there. Consensus was
16 this was not the proper time to vote on a position for this issue.
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/17/07 5
ADJOURNMENT
There being no further business to discuss, t meeting as ad'ourned at 8:26 p.m.
APPROVAL:
ATTEST:
PATMCIA 7§14IDER, C C
CITY CLERK
VICE MAYOR L VYf
CILMEMBH A$ IN
COUNCILMEMBER VALECHE
( L
COUNCILMLMBER BARNETT
31 Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not
32 verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the
33 City Clerk. All referenced attachments are on file in the City Clerk's office.
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