HomeMy WebLinkAboutMinutes Council 081607CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
4 August 16, 2007
6 The August 16, 2007 Regular Meeting of the City Council of the City of Palm Beach
7 Gardens, Florida, was called to order at 7:05 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. A moment of silence was observed for the
10 death of Amanda Buckley.
11 ROLL CALL: The Deputy City Clerk called the roll and the following elected officials
12 were found to be in attendance: Mayor Joseph Russo, Vice Mayor David Levy,
13 Councilmember Eric Jablin, Councilmember Hal Valeche, and Councilmember Jody Barnett.
14 Councilmember Jablin reported Tim Frohling had asked him to thank the City for all the
15 things they had done to ease the pain of the family of Amanda Buckley. Staff was asked to
16 research ways to remember Amanda Buckley.
17 ADDITIONS, DELETIONS, MODIFICATIONS:
18 Mayor Russo announced two deletions under Part I, Quasi Judicial, Resolution 75, 2007 —
19 Gardens Medical Pavilion and Resolution 78, 2007 — Chase Bank Building. There were no
20 additions or modifications. Councilmember Jablin moved approval of the deletions as stated
21 by the Mayor. Vice Mayor Levy seconded the motion. Motion carried by unanimous 5 -0
22 vote.
23 ANNOUNCEMENTS / PRESENTATIONS:
24 Cabana Colony Canal Maintenance — City Engineer Dan Clark provided a presentation,
25 advised that the City did not own the canal, reviewed difficulties with obtaining permits to
26 work in the canal, the probable cost of the work, compared the canal to the RCA canal, and
27 answered questions from the City Council. The Mayor indicated Commissioner Marcus was
28 willing to meet on this matter. The possible fire hazard was discussed. Jeff Miller provided
29 objections to the points made in the presentation. Mayor Russo expressed his willingness to
30 meet with Commissioner Marcus, and to try to help. The City Engineer advised that in his
31 professional opinion, public safety was not in peril at this point, with which Mr. Miller
32 disagreed and asked for a meeting with the Fire Chief. Fire Chief Pete Bergel commented on
33 the last fire.
34 ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS:
35 Councilmember Barnett asked everyone to recognize that law enforcement officers were
36 there to protect everyone and acknowledged the death of Sgt. Reyka. Vice Mayor Levy
37 announced the new issue of Signature City was out, and asked everyone to look at and
38 follow the green tips. Councilmember Valeche commented the sentiments expressed for the
39 Buckley family were appropriate, and wanted everyone to be aware that the person
40 apparently responsible had suffered no consequences for his prior bad acts, and had been free
41 to prey upon Ms. Buckley, the system had failed her. Mayor Russo reported he met with the
42 Principal of Palm Beach Gardens High School, Mayor Eissey of North Palm Beach, and
43 Commissioner Marcus, who wanted the new field at the Palm Beach Gardens High School to
44 have artificial turf, which would cost $750,000, and they wanted the City's support in the
45 form of fundraising. Mayor Russo also met with the Literacy Coalition, who wanted the City
46 to support their efforts.
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/16/07
1 COMMENTS FROM THE PUBLIC:
2 Steve Cohen, of Holland & Knight law firm, reported that he and Casey Steinbacher had met
3 with staff and were going to meet with other municipalities to see how they had handled
4 outdoor seating, and would report with recommendations for expanded outdoor seating
5 balanced with the needs and desires of nearby residents. City Manager Ferris advised that the
6 public would be involved before this came before City Council. Paul Auerbach, Palm Beach
7 Gardens Residents Coalition, reported that staff spoke at their last meeting, thanked the City,
8 and expressed his opinion their organization could provide input regarding extra outdoor
9 seating. Pat Hughey, Palm Beach Square, thanked staff for the budget discussion and asked
10 that at least two meetings with the residents be placed on next year's schedule. Ms. Hughey
I I clarified she had not requested termination of the City Manager, but had asked for a cap on
12 the financial package for the City Manager and the same cap on any other position that was
13 tied to the increased percentage of the general employees. Ms. Hughey also requested a
14 written evaluation for the Manager's position, the City's position on repair or replacement of
15 the rusted artwork on the PGA Flyover, and thanked those involved in National Night Out.
16 Mayor Russo answered Ms. Hughey's questions. Councilmember Barnett thanked staff for
17 the audio of the meetings that are now online. Eileen Tucker, Shady Lakes, thanked staff for
18 communicating, and asked if salaries included perks; the City Manager indicated that he
19 could discuss that with her. Ms. Tucker asked that the matters the City was going to look
20 into be reported at meetings so residents would know the results. Ms. Tucker questioned if
21 Code Enforcement was looking at the signs on PGA Boulevard. The City Manager reported
22 that they were looking at signs across the City. Rajiv Shah thanked the City for an
23 outstanding job, and asked that a copy of code violation notices be left at the property
24 because the process took so long to receive notices by mail that a second violation was
25 issued for the same thing before the first one was received. Police Chief Stepp reported the
26 process had been streamlined so hopefully that had been corrected.
27 CONSENT AGENDA: Vice Mayor Levy made a motion to accept the consent agenda.
28 Councilmember Barnett seconded the motion, which carried by unanimous 5 -0 vote.
29 Therefore, the following items were approved on the Consent Agenda:
30 a. Approve Minutes from June 21, 2007 regular City Council meeting.
31 b. Approve Minutes from June 28, 2007 Budget Workshop meeting.
32 C. Resolution 58, 2007 - Addendum II to the Agreement with Staffing
33 Connection /Action Labor. A Resolution of the City Council of the City of
34 Palm Beach Gardens, Florida authorizing the Mayor and City Clerk to
35 execute Addendum II to the Agreement with Staffing Connection /Action
36 Labor for School Crossing Guard Services; and providing an effective date.
37 d. Resolution 67, 2007 — Manpower Temporary Staffing. A Resolution of the
38 City Council of the City of Palm Beach Gardens, Florida approving a Stand -
39 by Agreement between the City of Palm Beach Gardens and Famoso, Inc.,
40 d/b /a Manpower of the Palm Beaches for temporary employment services
41 related to storm debris monitoring via an existing contract with the State of
42 Florida Department of Management Services (contract no. 991- 460- 07 -1);
43 and providing an effective date.
44 e. Resolution 80, 2007 — Reappointment of Special Magistrate. A Resolution of
45 the City Council of the City of Palm Beach Gardens, Florida reappointing
46 Kevin M. Wagner to serve as Code Enforcement Special Magistrate;
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/16/07
1 authorizing the Mayor and City Clerk to execute an agreement with Kevin M.
2 Wagner; and providing an effective date.
3 f. Resolution 85, 2007 - Agreement with PGA North II of Florida, LLC. A
4 Resolution of the City Council of the City of Palm Beach Gardens, Florida
5 approving an Agreement with PGA North II of Florida, LLC for Landscape
6 and Irrigation Maintenance Services for the PGA Boulevard Flyover Project;
7 and providing an effective date.
8 g. Resolution 88, 2007 — Interlocal Agreement with Palm Beach County. A
9 Resolution of the City Council of the City of Palm Beach Gardens, Florida
10 approving First Amendment to the Interlocal Agreement with Palm Beach
1 l County for access to the common talk groups on Palm Beach County's radio
12 system; and providing an effective date.
13 h. Resolution 90, 2007 — Contract to Ultimate Catering Inc. A Resolution of the
14 City Council of the City of Palm Beach Gardens, Florida approving an
15 Agreement with Ultimate Catering, Inc. for Food and Beverage Golf Course
16 Concession Services; and providing an effective date.
17 i. Proclamation — National Night Out.
18 PUBLIC HEARINGS: Mayor Russo announced the procedures to be followed in tonight's
19 quasi-judicial hearings. The Deputy City Clerk swore in all those intending to offer
20 testimony in any of tonight's cases.
21 Part II — Non-Quasi-judicial
22 Resolution 81, 2007 - Memorandum of Agreement. A Resolution of the City Council of the
23 City of Palm Beach Gardens, Florida approving a Memorandum of Agreement with the
24 Office of Tourism, Trade, and Economic Development for the review of eligible Bioscience /
25 Life Science Projects within the Bioscience Research Protection Overlay; authorizing the
26 Mayor and City Clerk to execute the Agreement; and providing an effective date. The
27 Deputy City Clerk read Resolution 81, 2007 by title. Mayor Russo declared the public
28 hearing open. Growth Management Administrator Kara Irwin presented the Resolution.
29 Hearing no comments from the public, Mayor Russo declared the public hearing closed.
30 Councilmember Jablin moved approval of Resolution 81, 2007. Vice Mayor Levy seconded
31 the motion, which carried by unanimous 5 -0 vote.
32 Ordinance 20, 2007 — (1" reading) LDR Text Amendment. An Ordinance of the City Council
33 of the City of Palm Beach Gardens, Florida relating to Off - Street Parking; amending Section
34 78 -345, Code of Ordinances entitled "Number of Parking Spaces Required ", to establish a
35 parking ratio for Drugstore or Pharmacy, General, with drive - through service; providing for
36 codification; and providing an effective date. The Deputy City Clerk read Ordinance 20,
37 2007 by title only on first reading. Mayor Russo declared the public hearing open.
38 Donaldson Hearing made a presentation on behalf of the applicant. Hearing no comments
39 from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin
40 moved to place Ordinance 20, 2007 on first reading by title only. Vice Mayor Levy seconded
41 the motion, which carried by unanimous 5 -0 vote.
42 Part I — Quasi - judicial
43 Ordinance 21, 2007 - (1" reading) Legends at the Gardens MXD PUD Amendment. An
44 Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending
45 Ordinance 7, 2003 relating to the zoning for the Legends at the Gardens Residential Mixed
46 Use Planned Unit Development (MXD /PUD) to transfer the site plan approval and related
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/16/07
1 conditions to Resolution 79, 2007; and providing an effective date. [Resolution 79, 2007 is a
2 companion item to Ordinance 21, 2007 and will require Council action at second
3 reading.] Resolution 79, 2007 - Legends at the Gardens MXD PUD Amendment. A
4 Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the
5 Legends at the Gardens Residential Mixed -Use Planned Unit Development (MXD /PUD),
6 which is located on the Southwest corner of the intersection of Central Boulevard and
7 Donald Ross Road, to allow for the development of an 11,200- square -foot general office
8 building and a major conditional use for a 14,729- square -foot general drug store with two
9 drive - through lanes, as more particularly described herein; providing waivers; providing
10 conditions of approval; and providing an effective date. The Deputy City Clerk read
11 Ordinance 21, 2007 by title only on first reading. Mayor Russo declared the public hearing
12 open, and called for exparte communication. Vice Mayor Levy reported attending a meeting
13 with the petitioner at City Hall, a staff member, Donaldson Hearing, and Ryan Johnston;
14 they discussed landscaping, traffic flows, and the effect Ordinance 20, 2007 would have.
15 Councilmember Valeche and Councilmember Jablin reported meeting with staff and the
16 petitioner. Mayor Russo reported meeting with staff and receiving a phone call from
17 Raymond Royce offering to meet; Mayor Russo advised he would call if he wanted to have a
18 meeting with Mr. Royce after his meeting with staff, he did not call Mr. Royce for a
19 meeting. Donaldson Hearing made a presentation on behalf of the applicant. Hearing no
20 comments from the public, Mayor Russo declared the public hearing closed. Councilmember
21 Jablin moved to place Ordinance 21, 2007 on first reading by title only. Vice Mayor Levy
22 seconded the motion, which carried by unanimous 5 -0 vote.
23 Resolution 74, 2007 — Gardens Commerce Center. A Resolution of the City Council of the
24 City of Palm Beach Gardens, Florida approving the Master Signage Program for Gardens
25 Commerce Center Planned Unit Development (PUD), located on the West side of Riverside
26 Drive, East of Interstate 95, North of Plat 5 and approximately 300 feet South of Burns
27 Road, as described more particularly herein; providing waivers; providing a condition of
28 approval; and providing an effective date. The Deputy City Clerk read Resolution 74, 2007
29 by title only. Mayor Russo declared the public hearing open and called for exparte
30 communication. No exparte communication was reported. Brian Cheguis, Cotleur &
31 Hearing, made a presentation on behalf of the applicant. Councilmember Barnett preferred
32 the signage to be all bronze. Hearing no comments from the public, Mayor Russo declared
33 the public hearing closed. Councilmember Jablin moved to approve Resolution 74, 2007,
34 with the change to delete Section 3 paragraph 1 and adding in that all master signage will be
35 the same color and that color will be bronze. Councilmember Barnett seconded the motion,
36 which carried by unanimous 5 -0 vote.
37 Resolution 76, 2007 — Gardens Pointe. A Resolution of the City Council of the City of Palm
38 Beach Gardens, Florida approving an amended site plan for Gardens Pointe to allow the
39 development of a 175 -room six (6) story hotel, a four (4) story 37,500- square -foot office
40 building, and a one (1) story 4,000- square -foot out parcel bank on a 6.64 -acre site located at
41 the Northwest corner of Kyoto Gardens Drive and Fairchild Gardens Avenue within the
42 Regional Center Development of Regional Impact (DRI), as more particularly described
43 herein; providing conditions of approval; providing waivers; and providing an effective date.
44 The Deputy City Clerk read Resolution 76, 2007 by title only. Mayor Russo declared the
45 public hearing open and called for exparte communication. Vice Mayor Levy reported
46 meeting at City Hall with staff, John Glidden, Brian Marks, John Safo, and Dodi Glass and
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/16/07
1 discussed requested waivers, the footbridge, the lake and drainage. Councilmember Valeche
2 reported that he had the same meeting with the same individuals and discussed the same
3 things. Mayor Russo reported that he reviewed the project with staff and had received a call
4 from Dodi Glas but did not call her back for a meeting. Councilmember Barnett reported she
5 also met with staff but did not consider that exparte. Dodi Glas made a presentation on
6 behalf of the applicant. During ensuing discussion, questions from the City Council were
7 answered, and the overlook and bridge were discussed. Council consensus was to give back
8 the $500,000 for the trolley system. Vice Mayor Levy stated for the record that he was
9 opposed. Hearing no comments from the public, Mayor Russo declared the public hearing
10 closed. Councilmember Jablin moved to approve Resolution 76, 2007 with the amendment to
11 condition 39 to strike the existing language and add that the City will release the letter of
12 credit and terminate the agreement, as stated by the City Attorney. Vice Mayor Levy
13 seconded the motion, which carried by unanimous 5 -0 vote.
14 Ordinance 19, 2007 - (1 s` reading) Monet Office Building. An Ordinance of the City Council
15 of the City of Palm Beach Gardens, Florida relating to rezoning; rezoning a parcel of land
16 consisting approximately of 2.57 acres, generally located South of RCA Boulevard, West of
17 Prosperity Farms Road, and adjacent to the Village Square, as more particularly described
18 herein, from Professional Office (PO) to a Planned Unit Development (PUD) Overlay with
19 underlying Professional Office (PO) zoning, to be referred to as the "Village Square II ";
20 amending the Zoning District Map; and providing an effective date. [Resolution 77, 2007 is
21 a companion item to Ordinance 19, 2007 and will require Council action at second
22 reading.] Resolution 77, 2007 - Monet Office Building — A Resolution of the City Council
23 of the City of Palm Beach Gardens, Florida approving the site plan for the 2.57 -acre parcel
24 of land generally located South of RCA Boulevard, West of Prosperity Farms Road, and
25 adjacent to the Village Square, as more particularly described herein, to be referred to as the
26 "Village Square II "; allowing the development of a Medical and Professional Office
27 building; providing waivers; providing conditions of approval; and providing an effective
28 date. The Deputy City Clerk read Ordinance 19, 2007 on first reading by title only. Mayor
29 Russo declared the public hearing open and stated that he met with staff, which was not
30 exparte. Marty Minor, Urban Design Studio, made a presentation on behalf of the applicant.
31 Hearing no comments from the public, Mayor Russo declared the public hearing closed.
32 Councilmember Jablin moved to place Ordinance 19, 2007 on first reading by title only.
33 Vice Mayor Levy seconded the motion, which carried by unanimous 5 -0 vote.
34 Resolution 84, 2007 - Legacy Place Commercial Re -Plat. A Resolution of the City Council
35 of the City of Palm Beach Gardens, Florida approving the Legacy Place Commercial Replat;
36 and providing an effective date. The Deputy City Clerk read Resolution 84, 2007 by title.
37 Mayor Russo declared the public hearing open. Hearing no comments from the public and no
38 exparte communications, Mayor Russo declared the public hearing closed. Councilmember
39 Jablin moved approval of Resolution 84, 2007. Vice Mayor Levy seconded the motion,
40 which carried by unanimous 5 -0 vote.
41
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/16/07
1 Resolution 91, 2007 - Double Tree Hotel Complex Re -Plat. A Resolution of the City Council
2 of the City of Palm Beach Gardens, Florida approving the Double Tree Hotel Complex Plat
3 "A" Replat; and providing an effective date. The Deputy City Clerk read Resolution 91,
4 2007 by title. Mayor Russo declared the public hearing open. Hearing no comments from the
5 public and no exparte communications, Mayor Russo declared the public hearing closed.
6 Councilmember Jablin moved approval of Resolution 91, 2007. Vice Mayor Levy seconded
7 the motion, which carried by unanimous 5 -0 vote.
8 RESOLUTIONS:
9 Resolution 87, 2007 - Approving the renewal of insurance benefits. A Resolution of the City
10 Council of the City of Palm Beach Gardens, Florida approving the renewals of Blue Cross
11 Blue Shield of Florida, Policy Number 91062, Guardian Policy Number 407008, and
12 Jefferson Pilot Financial Policy Numbers 000010074146 and 000010074147, for Fiscal Year
13 2007/2008; and providing an effective date. Councilmember Jablin moved approval of
14 Resolution 87, 2007. Vice Mayor Levy seconded the motion, which carried by unanimous 5-
15 0 vote.
16 ITEMS FOR COUNCIL ACTION /DISCUSSION:
17 Kohl's Department Store, Lake Park — The Town of Lake Park called an emergency meeting
18 of the Biotech Land Advisory Board to get input from the other members of that board.
19 Concern was expressed regarding having a department store in biotech overlay area.
20 Direction was given for Mayor Russo or his alternate to the board to ask Lake Park how they
21 could mitigate the loss of biotech square footage, in order to keep their promise to the
22 Governor.
23 City's Nomination of a Private Sector Appointment to the Workforce Alliance, Inc. Board of
24 Directors - Stacy Rundle, Assistant to the City Manager, reported that the City had signed
25 onto the Workforce Alliance, Inc., via an Interlocal agreement and was entitled to make a
26 nomination to the Board of Directors. Also, the Department of Community Affairs had
27 requested an amendment to the agreement with regard to them being a special independent
28 district, and that would be coming to the City for signatures. The Council was to talk to
29 people to see who was interested.
30 Metropolitan Planning Organization (MPO) Funds — Councilmember Jablin read a letter
31 regarding funds earmarked for PGA Boulevard extension, no longer to be constructed,
32 requesting the funds be re- designated for State Road 710. Consensus of Council was to
33 support the proposed re- designation.
34 CITY ATTORNEY REPORT:
35 City Attorney Tatum reported her office and the Growth Management Department planned
36 to bring forward an amendment to the Land Development Regulations regarding the PGA
37 Corridor Overlay to make clear the uses that were allowed in the PGA Corridor Overlay,
38 since the Planning, Zoning and Appeals Board had overruled the Growth Management
39 Administrator's decision regarding night clubs at their meeting earlier in the week.
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/16/07
ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 9:59 p.m.
APPROVAL:
MAYOR RUSSO
VICE C !O LEVY
CO JA IN
-�� C,/(
COUNCILMEMBER VA CHE
i
;l,
COUNCILMEM13ER BARNETT
ATTEST:
PATRICIA SNIDE k, 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.
7