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
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COUNCILMAN DAVID CLARK
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