HomeMy WebLinkAboutMinutes Council 090407I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 September 4, 2007
6 The September 4, 2007 Regular Meeting of the City Council of the City of Palm Beach Gardens,
7 Florida, was called to order at 7:00 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 to
1 1 be in attendance: Mayor Joseph Russo, Vice Mayor David Levy, Councilmember Eric Jablin,
12 Councilmember Hal Valeche, and Councilmember Jody Barnett.
13 ADDITIONS, DELETIONS, MODIFICATIONS:
14 Mayor Russo announced no additions, deletions or modifications to the agenda, but made a
15 statement relating to the events of the past few weeks and the Palm Beach Post articles linking
16 him to the Warren Newell scandal, and in effect indicating he should violate the CPA/client
17 confidentiality required of him by law. Mayor Russo read a statement to the residents regarding
18 his lack of involvement in this matter and assured them he would not let this distraction deter his
19 focus and dedication to the future of the City of Palm Beach Gardens.
20 ANNOUNCEMENTS / PRESENTATIONS:
21 Veterans Park Presentation — Charlotte Presensky, Recreation Director, working in conjunction
22 with Councilmember Valeche, recommended the City Hall Plaza as a gathering place, to
23 incorporate the overall plaza as a redevelopment with greening and amenities to honor those who
24 had served, to continue traditions already started, and to set a foundation for future participation
25 from the public to honor veterans in other ways. Councilmember Valeche recognized a member
26 of the audience who had worked with him on the original idea, announced this site should be
27 ready for the next Veterans Day, and thanked staff for their work. Staff presented the greening
28 plan and described the memorial site. Councilmember Jablin expressed his support.
29 Councilmember Jablin made a motion to move forward with this plan as outlined by staff. Vice
30 Mayor Levy seconded the motion, which carried by unanimous 5 -0 vote. Councilmember
31 Valeche announced the Veterans Day celebration would be held November 11 at 11:00 a.m.
32 ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS:
33 Councilmember Barnett announced she was running for re- election because she cared for the
34 City, enjoyed serving, and looked forward to years of contribution towards the betterment of the
35 community. Vice Mayor Levy announced Family Fitness Day on Saturday, Good Neighbor Day
36 the next day, and a ball game on Friday between the City's two high schools. Vice Mayor Levy
37 recognized members of the Recreation Advisory Board who had worked on the PGA National
38 Park. Councilmember Valeche reported he had been all over the district and Palm Beach
39 Gardens was the most attractive place in Florida, and congratulated everybody who had been
40 involved in the process of creating the City. Councilmember Jablin agreed, announced that
41 Councilmember Valeche was running for a congressional seat, and that he also was running for
42 re- election. Mayor Russo reported he had attended the Biotech Overlay meeting, the Kohl's
43 Department Store change would go through, but the rest of that land needed to remain for
44 biotech. The Mayor reported the City would receive a $10,000 donation from the Honda Classic,
45 and these funds would be earmarked for a boundless playground at PGA National Park.
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/4/07
1 CITY MANAGER REPORT
2 PGA Flyover Artwork Update — Charlotte Presensky reviewed the contract with the artist, the
3 problems with discoloration, proposed remediation, and answered questions from the Council.
4 PGA National Park — Charlotte Presensky provided a status report on the upcoming phased
5 renovation plan.
6 Sign Code Violations - David Reyes, Operations Director, reported that the implementation of
7 Ordinance 6, 2007 had resulted in approximately 60 Special Master cases per month, advised
8 that Code Enforcement was collecting illegal signs, and described other compliance efforts.
9 Outdoor Furniture Tarps — Kara Irwin, Growth Management Administrator, reported a resident
10 had complained about the outdoor furniture tarps and advised that there was no code violation.
11 Staff was requested to look at a more attractive storage solution and ask for the restaurants'
12 hurricane plan.
13 Palm Beach County Literacy Coalition — Dixie Randall, Administration Department, reported
14 Mayor Russo had been invited to be a part of the Mayor's Literacy Initiative, and reviewed
15 things the City could do to participate. Councilmember Jablin made a motion to authorize Mayor
16 Russo to join the Mayor's Literacy Initiative and sign the letter. Vice Mayor Levy seconded the
17 motion, which carried by unanimous 5 -0 vote.
18 COMMENTS FROM THE PUBLIC
19 Adelaide Lawson, Military Trail, asked the City Council to support continuing the Patin Tran
20 door -to -door transportation for seniors which was to be eliminated October 1, 2007, for all
21 except those in almost critical condition. Mayor Russo indicated her comments would be sent to
22 Commissioner Marcus. Eileen Tucker, Shady Lakes, asked if there had been music on the
23 flyover and was told no; asked the distance from the curb for signs on PGA Boulevard and if
24 they were legal; commented the tarps were ugly and asked if they could be placed in back of the
25 buildings or screened with landscaping. Paul Auerbach, Gardens of Woodberry, was opposed to
26 changing the election date to January; opposed to making parking spaces more narrow; and
27 asked Council to think about the unsightly tarps one would see in the mornings before approving
28 more outdoor seating. Joey Eichner and Joel Channing, representing PGA Corridor Association,
29 advised that they were very proud of their first project, which was the PGA Boulevard Flyover
30 and they planned to have representation at Council meetings when issues involving the corridor
31 were considered. Carolyn Chaplik, Hudson Bay Drive, advised going forward on the art issue,
32 which couldn't be corrected just by cleaning; and requested the election date be kept for March.
33 Pat Hughey, Palm Beach Square, requested that the Council prepare a written evaluation form
34 for the City Manager's position by January 2008 and to have a re- negotiation of his contract and
35 any other contracts related to the general employees and also to have a cap on increases on those
36 positions for this year in the budget. F.R. Silbey, Mirasol, commented that the idea of changing
37 the election date was arbitrary and counterproductive, items that needed to be cleared in the next
38 election were variances, how developers were treated, issues the Mayor addressed in his opening
39 remarks, and the Council should not shorten the process. Consensus of Council was not to
40 change the election date. Bob Odell, Palm Beach County Police Benevolent Association (PBA),
41 stated he had been appalled at the articles about Mayor Russo and expressed his organization's
42 support for the Mayor and the City.
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/4/07
1 CONSENT AGENDA — Councilmember Jablin moved approval of the consent agenda. Vice
2 Mayor Levy seconded the motion, which carried by unanimous 5 -0 vote.
3 a. Approve Minutes from July 19, 2007 regular City Council meeting.
4 b. Resolution 73, 2007 - Surplus property. A Resolution of the City Council of the
5 City of Palm Beach Gardens, Florida declaring certain items of personal property
6 as surplus property and authorizing its sale by auction; and providing an effective
7 date.
8 C. Resolution 86, 2007 - Agreement with Borland Center Owners Association. A
9 Resolution of the City Council of the City of Palm Beach Gardens, Florida
10 approving an Agreement between the City of Palm Beach Gardens and Borland
11 Center Owners Association, Inc. for median maintenance activities on PGA
12 Boulevard; and providing an effective date.
13 d. Resolution 96, 2007 - Palm Beach Workforce Development Consortium. A
14 Resolution of the City Council of the City of Palm Beach Gardens, Florida
15 authorizing the execution of the First Amendment to the Interlocal Agreement
16 creating the Palm Beach Workforce Development Consortium; and providing an
17 effective date.
18 e. Quarterly Financial Report for the quarter ending June 30, 2007.
19 f. Proclamation — Good Neighbor Day.
20 g. Proclamation — Save a Life Month.
21 h. Proclamation - Citizenship Day and Constitution Week.
22 i. Proclamation — National Sickle Cell Month.
23 PUBLIC HEARINGS - Mayor Russo announced the procedures that would be followed in
24 tonight's quasi-judicial cases. The City Clerk swore in all those intending to offer testimony in
25 any of tonight's cases.
26 Part II — Non - Quasi - judicial
27 Ordinance 22, 2007 — (1St reading) Adopting the Fiscal Year 2007/2008 budget. An Ordinance of
28 the City Council of the City of Palm Beach Gardens, Florida adopting a budget for the City of
29 Palm Beach Gardens for the Fiscal Year commencing October 1, 2007, and ending September
30 30, 2008; and providing an effective date. The City Clerk read Ordinance 22, 2007 on first
31 reading by title only. Mayor Russo declared the public hearing open. Allan Owens, Finance
32 Administrator, reviewed the budget process, the City's requirements under the new tax reform
33 legislation, the decrease in proposed millage to 5.254 %, and projections comparing the current
34 save our homes systems with the proposed super exemption. Pat Hughey, Palm Beach Square,
35 felt that the proposed raise percentages were too high, and asked for more information on the
36 positions that were to be eliminated. Ed Morejon, union representative for the Firefighters,
37 expressed concern that five positions in the Fire Department were being eliminated. Hearing no
38 further comments from the public, Mayor Russo declared the public hearing closed. The City
39 Manager and Fire Chief Bergel spoke regarding the positions being eliminated, Council
40 discussion ensued. Councilmember Jablin disclosed he had spoken to Ed Morejon.
41 Councilmember Jablin made a motion to adopt a tentative millage of 5.2540 mils for Fiscal Year
42 2007/2008. Vice Mayor Levy seconded the motion. Mayor Russo disclosed he had spoken to Ed
43 Morejon and that he was a member of the Honda Classic Foundation board. Vice Mayor Levy
44 and Councilmember Valeche also disclosed speaking with Ed Morejon. Motion carried by
45 unanimous 5 -0 vote. Councilmember Jablin made a motion announcing that the proposed
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/4/07
1 millage rate represented a decrease from the roll back rate by 5.003 %. Vice Mayor Levy
2 seconded the motion, which carried by unanimous 5 -0 vote. Councilmember Jablin made a
3 motion to approve Ordinance 22, 2007 on first reading, adopting a tentative budget for Fiscal
4 Year 2007/2008 and setting the second and final reading for September 19, 2007 at 7:00 p.m. in
5 these Council Chambers. Vice Mayor Levy seconded the motion, which carried by unanimous
6 5 -0 vote.
7 Ordinance 20, 2007 — (2nd reading and adoption) LDR Text Amendment. An Ordinance of the
8 City Council of the City of Palm Beach Gardens, Florida relating to Off - Street Parking;
9 amending Section 78 -345, Code of Ordinances entitled "Number of Parking Spaces Required ",
10 to establish a parking ratio for Drugstore or Pharmacy, General, with drive - through service;
11 providing for codification; and providing an effective date. The City Clerk read Ordinance 20,
12 2007 on second reading by title only. Mayor Russo declared the public hearing open. Hearing no
13 comments from the public, Mayor Russo declared the public hearing closed. Councilmember
14 Jablin made a motion to adopt Ordinance 20, 2007 on second reading by title only. Vice Mayor
15 Levy seconded the motion, which carried by unanimous 5 -0 vote.
16 Part I — Quasi-judicial
17 Ordinance 21, 2007 - (2nd reading and adoption) Legends at the Gardens MXD PUD
18 Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
19 amending Ordinance 7, 2003 relating to the zoning for the Legends at the Gardens Residential
20 Mixed Use Planned Unit Development (MXD /PUD) to transfer the site plan approval and related
21 conditions to Resolution 79, 2007; and providing an effective date. [Resolution 79, 2007 is a
22 companion item to Ordinance 21, 2007 and will require Council action.] Resolution 79,
23 2007 - Legends at the Gardens MXD PUD Amendment. A Resolution of the City Council of the
24 City of Palm Beach Gardens, Florida approving a major conditional use and amending the
25 Legends at the Gardens Residential Mixed -Use Planned Unit Development (MXD /PUD),
26 located on the Southwest corner of the intersection of Central Boulevard and Donald Ross Road,
27 to allow for the development of an 11,200- square -foot general office building and a 14,729-
28 square -foot general drug store with two drive - through lanes, as more particularly described
29 herein; providing waivers; providing conditions of approval; and providing an effective date.
30 The City Clerk read Ordinance 21, 2007 on second reading by title only. The City Clerk read
31 Resolution 79, 2007 by title only. Mayor Russo declared the public hearing open and called for
32 ex -parte communication. There had been no ex -parte communication since the last meeting.
33 Hearing no comments from the public, Mayor Russo declared the public hearing closed.
34 Councilmember Jablin made a motion to adopt Ordinance 21, 2007 on second reading by title
35 only. Vice Mayor Levy seconded the motion, which carried by unanimous 5 -0 vote.
36 Councilmember Jablin moved approval of Resolution 79, 2007. Vice Mayor Levy seconded the
37 motion, which carried by unanimous 5 -0 vote.
38 Ordinance 19, 2007 - (2nd reading and adoption) Monet Office Building. An Ordinance of the
39 City Council of the City of Palm Beach Gardens, Florida relating to rezoning; rezoning a parcel
40 of land consisting approximately of 2.57 acres, generally located South of RCA Boulevard, West
41 of Prosperity Farms Road, and adjacent to the Village Square, as more particularly described
42 herein, from Professional Office (PO) to a Planned Unit Development (PUD) Overlay with
43 underlying Professional Office (PO) zoning, to be referred to as the "Village Square II ";
44 amending the Zoning District Map; and providing an effective date. [Resolution 77, 2007 is a
45 companion item to Ordinance 19, 2007 and will require Council action.]
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/4/07
1 Resolution 77, 2007 - Monet Office Building. A Resolution of the City Council of the City of
2 Palm Beach Gardens, Florida approving the site plan for the 2.57 -acre parcel of land generally
3 located South of RCA Boulevard, West of Prosperity Farms Road, and adjacent to the Village
4 Square, as more particularly described herein, to be referred to as the "Village Square Il ";
5 allowing the development of a Medical and Professional Office building; providing waivers;
6 providing conditions of approval; and providing an effective date. The City Clerk read
7 Ordinance 19, 2007 on second reading by title only. The City Clerk read Resolution 77, 2007 by
8 title only. Mayor Russo declared the public hearing open and called for ex -parte communication.
9 There had been no ex -parte communication since the last meeting. Hearing no comments from
10 the public, Mayor Russo declared the public hearing closed. Councilmember Jablin made a
11 motion to adopt Ordinance 19, 2007 on second reading by title only. Vice Mayor Levy seconded
12 the motion, commenting a waiver had saved a very old oak tree. Motion carried by unanimous 5-
13 0 vote. Councilmember Jablin moved approval of Resolution 77, 2007. Vice Mayor Levy
14 seconded the motion, which carried by unanimous 5 -0 vote.
15 Resolution 92, 2007 - PGA Commons request for light -pole mounted banners. A Resolution of
16 the City Council of the City of Palm Beach Gardens, Florida approving the installation of
17 banners on pedestrian light poles outside of the 55 -foot PGA Boulevard landscape buffer
18 easement at PGA Commons parcel one, parcel two and parcel three, located on the South Side of
19 PGA Boulevard, East and West of its intersection with Hickory Drive, and East of its
20 intersection with Avenue of the PGA as more particularly described herein; providing conditions
21 of approval; and providing an effective date. The City Clerk read Resolution 92, 2007 by title
22 only. Mayor Russo declared the public hearing open and called for ex -parte communication. No
23 ex -parte communication was reported. Marty Minor of Urban Design Studio presented the
24 request on behalf of the applicant. Hearing no comments from the public, Mayor Russo declared
25 the public hearing closed. Councilmember Jablin made a motion to approve Resolution 92, 2007.
26 Vice Mayor Levy seconded the motion, which carried by 4 -1 vote, with Councilmember Barnett
27 opposed.
28 RESOLUTIONS:
29 Resolution 89, 2007 — Fees and charges schedule. A Resolution of the City Council of the City
30 of Palm Beach Gardens, Florida updating the schedule of fees and charges for various services
31 rendered by the City of Palm Beach Gardens for its citizens and other members of the public for
32 Fiscal Year 2007/2008; and providing an effective date. Allan Owens, Finance Administrator,
33 presented the staff report. Councilmember Jablin made a motion to approve Resolution 89, 2007.
34 Vice Mayor Levy seconded the motion, which carried by unanimous
35 5 -0 vote.
36 ORDINANCES
37 Ordinance 23 2007 (for Consideration on First Reading,) — Amending the Fiscal Year 2006/2007
38 Bu_ dgeet_An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending
39 the City of Palm Beach Gardens' Budget for the Fiscal Year beginning October 1, 2006 and
40 ending September 30, 2007, inclusive; and providing an effective date.
41 The City Clerk read Ordinance 23, 2007 on first reading by title only. Allan Owens, Finance
42 Administrator, presented the staff report. Councilmember Jablin made a motion to place
43 Ordinance 23, 2007 on first reading by title only. Vice Mayor Levy seconded the motion, which
44 carried by unanimous 5 -0 vote.
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/4/07
1 ITEMS FOR COUNCIL ACTION /DISCUSSION
2 Option for moving the March Municipal Election to the Presidential Preference Primary on
3 January 29, 2007 - This item was discussed earlier in the meeting with consensus not to change
4 the election date.
5 Establishing Community Development Districts for Parcel 5A and Parcel 5B — Kara Irwin,
6 Growth Management Administrator, presented the staff report and requested input from the City
7 Council. Discussion ensued. Staff was given direction to research all facets of this issue
8 including benefits to the City, and then make a presentation with their recommendation.
9 Health Insurance — Councilmember Barnett asked about the proposal to have 1% of Fire
10 Department raises applied toward health insurance. City Manager Ferris explained he had set up
11 a committee to research this issue and he would bring back a report based on their findings.
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/4/07
ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 9:57 p.m.
APPROVAL:
ATTEST:
PATRICIA SNIDER, CMC
CITY CLERK
MAYOR RUSSO
VICE n�r�, A4:QR LEVY
CO
LIN
A
COUNCILMEMBER VALECHE
COUNCILMEMBE B RNETT
32 Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not
33 verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the City
34 Clerk. All referenced attachments are on file in the City Clerk's office.
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