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HomeMy WebLinkAboutMinutes Council 120601CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING DECEMBER 69 2001 The December 6, 2001 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The City Clerk called the roll and the following elected officials were in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember Lauren Furtado, Councilmember David Clark, and Chair Pro Tem Carl Sabatello. PRESENTATION Trish Faulkner was presented with a key to the City in recognition of her athletic accomplishments. Ms. Faulkner expressed her appreciation. She was also recognized by Roy Davidson of Ballenlsles, who presented her with a paver block to be placed in front of City Hall. ITEMS AND REPORTS BY MAYOR AND COUNCIL: Vice Mayor Jablin reported on the Christmas lighting ceremony the previous night and invited everyone to a Hanukkah celebration the next Monday. Councilmember Furtado provided an update on the turnpike access improvements at PGA Boulevard, reporting that a study would include a traffic count, utilization of all toll booths during rush hour, installation of an additional Sun Pass lane, and the timing of the traffic light to increase green time so that vehicles would have a little more time to make the turn onto PGA Boulevard. Councilmember Furtado reported a resident had a newspaper article from 1968 that described a political rally held at the Banyan Tree attended by over 500 people, where free beer had been given to those holding voter registration cards, and would provide it to the City for their scrapbook. Councilmember Furtado requested background documentation be given to the Budget Review Committee. Mayor Russo reported he had attended the first meeting of that Committee. Mayor Russo expressed thanks to Councilmember Furtado, who had been very helpful in getting the MPO to agree to locating the potential turnpike interchange expansion to the west side of the turnpike. Mayor Russo thanked everyone who participated in providing 5,000 dinners to help those less fortunate. The Mayor reported a meeting of The Gardens United, which had been met with enthusiasm. Mayor Russo advised that the City needed to move forward with the economic development group of Mayors at the Chamber of Commerce. Mayor Russo commented regarding the City's golf course management that any option would be used to reduce the deficit. Councilmember Clark made a motion to reschedule the regularly scheduled January 3, 2002 City Council meeting to January 10, 2002. The motion carried by unanimous 5 -0 vote. Mayor Russo reported he had attended the Recreation Advisory Board meeting, and although there had not been enough members for a quorum, the group had held a good discussion. CITY MANAGER REPORT: Golf Course Update - Jack Downey reported that insurance coverage was in place, staff had been selected, 98% of the current staff including management, maintenance, and part-time had chosen to come with the City, and a comprehensive marketing plan had CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/6/01 2 been prepared by staff. Mr. Downey reported staff was eager to prove they could provide budget savings, keep up the golf course, continue customer satisfaction and the playability of the course's current service level. Mr. Downey reported a quote was being provided for dewatering the back nine using a recently developed siphon pump. COMMENTS FROM THE PUBLIC: Carol Estrada, 309 Riverside Drive, reported no one in Plat One had been notified of the planned development on Northlake Boulevard at Banyan Tree and the Plat One residents would be impacted by the increased traffic on MacArthur Boulevard. Ms. Estrada requested these residents be notified and also that the development not be allowed to have access from MacArthur Boulevard. Staff reported this item would be presented in January and Mayor Russo indicated the developer should meet with the residents. Councilmember Furtado requested Police and Fire try to work around not having ingress /egress onto MacArthur Boulevard. Pat Hughey, Reed Drive, expressed thanks for the Resolution the City Council had passed regarding the Character Council. Tony Ott, 11924 Banyan, requested local companies be allowed to bid for towing services. City Manager Ferris indicated staff would meet with Mr. Ott to explore possibilities. CONSENT AGENDA: At the request of Mayor Russo, City Attorney Rubin provided clarification regarding item (d) pooling road impact fees. Councilmember Furtado moved approval of the Consent Agenda. Councilmember Clark seconded the motion. The motion carried by unanimous 5 -0 vote. The following items were approved on the Consent Agenda: a. Consideration of approving Minutes from the November 1, 2001 Regular City Council Meeting. b. Resolution 165, 2001 — Lease Agreement/Nextel South. Consideration of authorizing execution of a Lease Agreement with Nextel South Corporation for the installation and operation of a wireless telecommunications facility. c. Resolution 176, 2001 - Frenchman's Reserve Clubhouse Site Plan. Consideration of approving a site plan to allow for the development of an approximately 56,000 square - foot clubhouse, tennis, pool and guest room facility, located within the Frenchman's Reserve PCD as more particularly described herein; providing for conditions of approval; providing for waivers. d. Resolution 177, 2001 - Approving Pooling Road Impact Fees for DiVosta. Consideration of approving a request by DiVosta and Company to pool road impact fees for certain parcels of real property. e. Resolution 178, 2001 - Approving Pooling Road Impact Fees for Kolter. Consideration of approving a request by Kolter Properties to pool road impact fees for certain parcels of real property. f. Proclamation — Epilepsy Month. PUBLIC HEARINGS Ordinance 42, 2001 — An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of an application by AMA of South Florida, Inc., to amend phase 2 of the "Medical Mall" Planned Unit Development (PUD) (n/k/a The "Gardens Corporate Center "), located at the northeast corner of the intersection of PGA Boulevard and Alternate AIA, as more particularly described herein, in order to CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/6/01 3 construct two (2) six -story office buildings and one (1) six -story parking structure; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date — for consideration of second reading. Growth Management Director Charles Wu indicated only one new condition had been added since first reading. Councilmember Sabatello expressed appreciation to Mr. Oliver for meeting with him and working to make this project the best it could be. Mayor Russo declared the public hearing open, held on the intent of Ordinance 42, 2001. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Clark moved that Ordinance 42, 2001 be placed on second reading by title only and approved. Councilmember Furtado seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 42, 2001 on second reading by title only. Ordinance 31, 2001 — Mayor Russo declared the public hearing open, held on the intent of Ordinance 31, 2001 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for amendments to the Comprehensive Plan of the City of Palm Beach Gardens based on the recommendations of the Local Planning Agency and staff, providing for adoption; providing for transmittal; providing for codification in the Comprehensive Plan; providing for severability; providing for conflicts; and providing for an effective date. — for consideration of second reading. Growth Management Director Charles Wu provided the staff presentation. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Clark moved that Ordinance 31, 2001 be placed on second reading by title only and approved. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 31, 2001 on second reading by title only. Resolution 162, 2001 - Mayor Russo declared the public hearing open, held on the intent of Resolution 162, 2001 - A resolution of the City of Palm Beach Gardens, Florida, electing to use the uniform method of collecting non -ad valorem special assessments levied within the incorporated area of the City; stating a need for such levy; providing for the mailing of this resolution and providing for an effective date. The Finance Director provided the staff presentation. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Clark moved that Resolution 162, 2001 be approved. Councilmember Furtado seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 44, 2001 — Mayor Russo declared the public hearing open, held on the intent of Ordinance 44, 2001 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to Palm Beach Gardens Christ Fellowship Church North Campus by amending conditions of approval for the site, located on the north side of Northlake Boulevard, approximately 1' /z mile west of Military Trail as more particularly described herein, amending Ordinance 20, 1997, and Ordinance 23, 1999; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date, for consideration of first reading. Growth Management Director Charles Wu presented the staff report, and explained that this request only related to the north campus. The City Attorney clarified which issues were under consideration for the north campus. Vice Mayor Jablin recommended taking public comments tonight but continuing the public hearing to the January 10, 2002 meeting when the south campus petition was scheduled CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/6/01 4 for first reading. Attorney Alan Ciklin spoke on behalf of the petitioner, and reviewed each amendment being requested. Comments by Councilmembers included concern that the applicant was asking for conditions to be relaxed so soon after they had agreed to them, that simulcasting was done inside other churches, that choosing to change only a few regulations distorted the whole picture that had been originally negotiated, that this church was not singled out, and that safety and traffic and traffic management was a concern. The petitioner was asked to provide what the benefits would be to both the church and the City in the case of each amendment if the amendment were granted. Mayor Russo called for comments from the public. M. Hockstein, 117 Banyan, requested her time be given to Keith Paulus. Several other residents requested their time be given to other speakers. Keith Paulus, 10100 Hunt Club Lane, President of The Hunt Club Homeowners Association, indicated he was speaking on behalf of the majority of members who had responded to this issue via a mailing, and that 65 had responded. A copy of the letter was entered into the record. 94% of their respondents had indicated they in favor of keeping all of the current restrictions. Mr. Paulus favored consideration of both the north and south campus petitions by the City Council at one time. Mr. Paulus reported the Board of the Homeowners Association had passed a resolution favoring the City keeping all current conditions on the Christ Fellowship PUD, and indicated he could enter a copy of their minutes into the record to show that resolution. Mr. Paulus explained that their concern was not religious, but concerned the impact on the residential community of a large fast - growing institution. Mr. Paulus expressed concern that this issue might have been hurried through the Planning and Zoning Commission, entered into the record a complaint they had made regarding parking, and requested a more thorough search of the records since the staff report had stated there had been no complaints. Erlene Rokoff, 164 Orchid Cay Drive, indicated her concerns had been addressed. Joan Altwater, Vice President of Cypress Hollow, read into the record comments by Amir Kanel, 8332 Man -O -War Road, which he had requested be read on his behalf as a member of the Board of Steeplechase, which Ms. Altwater stated she believed had been voted on by that Board of Directors, and stated that Board was in favor of maintaining the existing conditions of approval and that the issues and concerns of the Steeplechase Board of Directors were local environment, area character, and traffic. Linda Peters, 1016 Woodfield Circle, expressed her opinion that no microphones were necessary for outdoor weddings and her concern that broadcasting would not end with weddings. Leo Abdella, 8302 Chapman Oak Court, reported he was employed by and attended Christ Fellowship Church, indicated he understood the PUD process, and explained that the request to revisit conditions was a continuation to refine that process, and make things clearer. Mike Hiscock, 10249 Hunt Club Lane, expressed his opinion that during the original negotiations the 1750 seat limit had been meant to limit the number of people, and that the City needed to follow its new code which limited the number of seats to 1000. Michael Winston, 10245 Hunt Club Lane, commented Mr. Ciklin's position was that if the amendments were not approved a lawsuit was coming, and indicated that lifting the restrictions as requested would not result in simulcasting only to the south campus, use of only small microphones, use of a shuttlebus only during certain situations, or limit large events, but would leave the door open for anything. Mr. Winston expressed concern regarding increased traffic on Northlake Boulevard. Marilyn Jacobs, 16 Bermuda Lake Drive in BallenIsles, discussed the threat of a lawsuit by the CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/6/01 5 church and the law upon which it was relying. Ms. Jacobs indicated granting the amendments could create a favored class, which went against everything for which this country stood. Kevin Bradley, 1124 Grand Cay Drive, representing members of the Board of Governors of PGA National, read and entered into the record a resolution passed unanimously by the Board of Governors of PGA National POA opposing any amendment to Christ Fellowship PUD that may have adverse effects. Mr. Bradley agreed with other comments previously made. Joan Elias, 1009 Diamond Head Way, indicated the Board of Directors of CAN had voted unanimously to support the resolution adopted by the PGA National POA Board of Governors. Dr. Douglas Reed, 10243 Hunt Club Lane, reported traffic, noise, or beautification had not become issues since the church had been built, and the church had enhanced the entrance to the Hunt Club. Dr. Reed stated he was concerned when a City Council wanted to limit a religious institution dedicated to bettering the community and its members. Bruce Prevost, 8292 Nashua, Horseshoe Acres, commented the church had improved traffic, and more traffic might have been added if a residential development had been built on this site. Mr. Prevost reported an increase in the value of his property since the church was built, suggested the church use the shuttle to improve safety, and indicated he was thankful for the church. Joan Altwater, Vice President of Cypress Hollow Board of Directors, reported that Board had passed a motion that the Christ Fellowship Church code restrictions be maintained, as they currently exist. A similar petition passed around the neighborhood resulted in 23 responses in favor of keeping the current conditions of approval as they exist. Ms. Altwater provided a history of the original discussions for the Christ Fellowship project, which had resulted in the conditions of approval, and read into the record letters of thanks from the church to the coalition for their work during the negotiations. Ms. Altwater also reported a statement had been made by the pastor stating that he would honor the concessions made to date. David Tromley, 39 St. Thomas Drive, indicated he was a member of Christ Fellowship Church, that he found the church to be a large plus for the area, and urged both sides to find a solution. Joe Cole, 1017 Woodfield Circle, an adjacent property owner, indicated his family's quality of life would be affected by the outdoor activities and amplification, and he did not want to have to call Code Enforcement every time he and his neighbors were affected. Mr. Cole indicated he thought the church had been a good neighbor to this point but he was concerned about future activities and he thought they had been a good neighbor because they had abided by the conditions of approval. Bob Kaplan, 102 Windward Drive, pointed out that only a few restrictions could not be removed without looking at the whole picture, the church had been a good neighbor because the restrictions had been designed intelligently and were in everyone's best interests, and the original concern had been regarding placing such a large operation in a residential neighborhood -- therefore the 1750 limit had been negotiated. Mr. Kaplan noted that the restriction on simulcasting had been because that would encourage a larger audience, and suggested allowing simulcasting outside a 2 -mile radius. Mayor Russo read into the record the following comments by Edward Kent, 10215 Hunt Club Lane, as he had requested: "Our home in Hunt Club abuts the Christ Fellowship Church parking area. We are already displeased by the noise of all night stormwater pumping during the rainy season. We fully support maintaining all conditions put in place by the City at the time of original approval of Christ Fellowship Church." Mayor Russo indicated Christ Fellowship Church had been treated no CITY OF PALM BEACH GARDENS REGULAR MEETING, 12 /6/01 6 differently than other projects, that the amount of good the church did for the City and the county was unbelievable, and he could not believe the church was threatening the City with a lawsuit instead of coming to ask for help. Mayor Russo asked that everyone come together and forget about a decision based on law, but stated if it was unavoidable the City would make a decision based on law. The Mayor urged the church to work with the neighbors, and asked that the community come together. Hearing no further comments from the public, Mayor Russo called for a motion to continue the public hearing to January 10, 2001 as had been agreed to by Mr. Ciklin. Councilmember Clark made a motion to continue the public hearing for Ordinance 44, 2001 to January 10, 2001. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. ORDINANCES: Ordinance 43, 2001 — An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Watermark Communities, Inc., requesting a re- zoning to Planned Community Development Overlay Zoning with a comprehensive land use designation of Residential Medium (RM), to allow for a 905 single - family and 132 multi - family dwelling unit residential community on 362.72 acres for a gross density of 2.86 dwelling units per acre, to be known as the "Evergrene" Community, located south of Donald Ross Road and north of Hood Road, between Military Trail and Alternate AIA, as more particularly described herein; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date - for consideration of first reading. Growth Management Director Charles Wu presented the project. Hank Skokowski, clarified for Councilmember Sabatello that this was the master plan and did not contain details of the individual parcels, and that the waivers requested were strictly at the master plan level. Mr. Skokowski, agent for the petitioner, presented the master plan, and answered questions from the City Council regarding the berms, drainage, landscaping, and school bus ingress and drop -off area. It was agreed to provide a condition of approval to address ingress in the future if the school bus created traffic problems. Traffic Engineer Joe Pollock spoke on behalf of the petitioner and explained that the traffic impact of gating this community would be negligible since there were three gates. Mr. Skokowski clarified that another project on the other side of the roadway would be addressing entry signage to the City. Councilmember Clark moved that Ordinance 43, 2001 be placed on first reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 43, 2001 on first reading by title only. Ordinance 45, 2001 — An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Communities Finance Company for a Conditional Use to allow an excavation and fill operation within Parcels 4.03 and 4.05 generally located between Alternate AlA and Military Trail, and between Hood Road and Donald Ross Road, commonly known as the Evergrene PCD and more particularly described herein; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date — for consideration of first reading. Councilmember Clark moved that Ordinance 45, 2001 be placed on first reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 45, 2001 on first reading by title only. CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/6/01 7 ITEMS FOR DISCUSSION: Banyan Tree PUD (Blood Bank) - Ordinance 41, 2001 - Growth Management Director Charles Wu reported staff was working with the petitioner, who had submitted a concept plan showing the Blood Bank building and phase 2 of the project, to agree upon safeguards in case phase 2 was proposed to be amended, as well as a list of uses. Steve Mathison, Attorney for South Florida Blood Banks, reported that in addition to other safeguards, the concept plan would be made a part of the ordinance, as well as a very specific set of guidelines to assure the quality of development for the entire PUD. Mr. Wu indicated staff would work with the applicant to resolve issues so that advertising could take place for a January hearing. Regarding the police and fire requirements for ingress /egress onto MacArthur Boulevard, Councilmember Furtado expressed concern for the safety of school children, Councilmember Sabatello indicated he liked that for egress in order to get to the traffic light or to go north, and possible solutions that suggested were to clear the line of sight to provide a crossing guard. ADJOURNMENT: There being no further business to disc ss, up mo ' n by Councilmember Clark, seconded by Vice Mayor Jablin, carried O e ti was adjourned at 11:30 p.m. APPROVAL: RUSSO ABLIN O TEM CARL SABATELLO &- - — Z • - .� - -- �Y COUNCILMAN DAVID CLARK - _ COUNCILWOMAN LAU EN FURTAD ATTEST;_-,', CAROL GE) L ; GI'iY =CLERK