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HomeMy WebLinkAboutMinutes Council 080504CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING August 5, 2004 The August 5, 2004 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:14 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. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Councilmember Delgado, and Councilmember Levy. Vice Mayor Russo was absent from the meeting. ADDITIONS, MODIFICATIONS AND DELETIONS: Mayor Jablin reported there were no additions or deletions. Modification was requested of Resolution 92, 2004 for Borland Center Master Site Plan Approval, to make two changes to Condition 40, a copy of which had been provided to each Councilmember and which would be explained as part of the staff presentation. Mayor Jablin requested one other modification, which was to move the discussion with the county representatives of Resolution 168, 2004 to the beginning of the agenda under Presentations. Councilmember Delgado made a motion to approve the modifications as presented. Councilmember Levy seconded the motion, which carried by unanimous 3 -0 vote. ANNOUNCEMENTS / PRESENTATIONS: Parks and Recreation FRDAP Grant Check presented by Senator Atwater and Representative Carl Domino - Charlotte Presensky, Community Services, introduced Senator Atwater's aide Megan McCrede, Representative Carl Domino, and his aide, Sherry Healey, who were in attendance to present the grant check. Representative Domino made a presentation and presented the check in the amount of $200,000, to be used for a new park. Discussion on the Referendum regarding Half Cent Sales Tax by the School Board of Palm Beach County - Wayne Gent, Assistant Superintendent of Schools for Palm Beach County, made a presentation. The proposed sales tax increase would be in effect for six years and would provide $140 million in new projects within the City of Palm Beach Gardens. An oversight committee would monitor disbursement of project funds. The President of Northern Palm Beach County Chamber of Commerce, representing the Business Education Coalition, spoke in support of the proposed referendum. Each member of the Council also spoke in support of the proposed referendum. Resolution 168, 2004 - County representatives reported the county had looked at five sites for the Scripps bioscience community. The Brigger tract within the City was one of the sites under consideration, and the findings of a study of that tract were presented for 8 million square feet, including building height, floor area ratio, not to have roadway connection between the two pieces of land, environmental preserve requirements, workforce housing, town center and retail, and amenities. Traffic Engineer Dan Weisberg reported proposed traffic plans for the tract. ITEMS OF RESIDENT INTEREST Councilmember Levy reported he and his family had been part of a research group who searched for fossils in Montana, and donated a fossil of a dinosaur egg to South Florida Science Museum. Jim Rawlings, Director of the museum, accepted the donation and thanked Councilmember Levy. Councilmember Delgado reported an upcoming special election citywide candidate forum to be conducted at Palm Beach Community College on August 16 CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/5/04 2 from 6 to 8 p.m. and urged all residents to attend. Mayor Jablin reported at the last meeting Roger Blangy had spoken about several letters he had sent the City Council, and staff had met with Mr. Blangy to address his concerns. The Mayor reported that a press conference had been held at City Hall by Congressman Clay Shaw regarding getting a temporary visa for Helene Jensen to return from Denmark, where she had been sent by immigration authorities. COMMENTS FROM THE PUBLIC Mayor Jablin invited anyone running for office to introduce themselves. The following candidates spoke: Harvey Goldberg running for Port of Palm Beach Group 3; Jefferson Vaughn announced that his father -in -law, George Mastics, was running for his third term on the Port Commission Group 2; Barry Present running for City Council; Clay Harrow running for City Council; Hal Valache running for City Council, Jody Barnett running for City Council, Tim Frohling running for City Council, and Bert Premuroso running for City Council. Tom Sosey thanked Councilmember Levy for coming to a meeting at Bent Tree, and suggested the City Council place their request for a raise on a referendum. Richard Orman requested the budget show how the $4.5 million in increased ad valorem revenue was being spent, and asked the dates of the budget hearings, to which the response was September 7 and September 21. Dr. Orman announced the PGA Residents Coalition was having a candidate forum on August 14 in the Woodland Lakes Clubhouse. The Mayor announced that Hometown News was also sponsoring a candidate forum on August 28 at PGA National Resort. Tory Buckley was thanked by Mayor Jablin for his recreation work for the City. Mr. Buckley noted he had been involved with the City's recreation department for the past ten years, and that the professionalism from the City Council over the past three or so years had been great, and the City Manager had assembled a staff that was tremendous to work with, and asked that the City Manager's contract be extended. CONSENT AGENDA Mayor Jablin requested item (e) be pulled. Councilmember Levy made a motion to approve the Consent Agenda with the exception of item (e). Councilmember Delgado seconded the motion, which carried by unanimous 3 -0 vote. The following items were approved on the consent agenda: a. Approve Minutes from June 17, 2004 regular City Council meeting. b. Approve Minutes from July 1, 2004 regular City Council meeting. C. Resolution 137, 2004 — Support for Referendum regarding Half Cent Sales Tax by the School Board of Palm Beach County. A Resolution of the City Council of the City of Palm Beach Gardens, Palm Beach County, Florida, supporting a referendum to be held on November 2, 2004, for the levy of a discretionary half -cent sales tax by the School Board of Palm Beach County for the purpose of financing a comprehensive plan to construct and renovate public schools countywide; and providing an effective date. d. Resolution 146, 2004 - Authorizing the execution of FRDAP Grant. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a project agreement with the Florida Department of Environmental Protection for the development of the Sand Hill Crane Access Park; and providing an effective date. f Proclamation — Welcoming Helene Jensen back to the United States and the City of Palm Beach Gardens. Item (e): Mayor Jablin read aloud the Proclamation in memory of William Brant, former City CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/5/04 3 Attorney, and announced that a paver would be placed in the plaza in his honor. PUBLIC HEARINGS: Part I — Non—Quasi- - udicial Ordinance 18, 2004 — LDR Text Amendment — PGA Overlay Uses (2nd reading)- An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the PGA Boulevard Corridor Overlay; amending Section 78 -221, Code of Ordinances, entitled "PGA Boulevard Corridor Overlay" relating to permitted, conditional and prohibited uses within the overlay; providing for codification; and providing an effective date. The City Clerk read Ordinance 18, 2004 by title only on second reading. Senior Planner Michael Sanchez presented changes to the staff report since first reading, including an amendment to the ordinance which would add to the waiver section the City shall not grant any waiver for intensity which would allow a theater in excess of 500 seats. Mayor Jablin declared the public hearing open. Michael Morrell, an attorney representing the PGA Residents Coalition, the three neighborhoods surrounding the Borland project, as well as 17 individuals, thanked staff for working with them, and encouraged the City Council to pass the ordinance and this amendment. Dodi Glas, Urban Design Studio spoke about the list of permitted uses and requested arts, hobbies, and crafts be added as an additional use. Mr. Wu indicated staff did not consider it an appropriate use for the PGA Corridor. Discussion ensued. Consensus of the City Council was not to add this use at this time since there was an appeals process through the Planning, Zoning and Appeals Board by which it could be added at a more appropriate time. Councilmember Levy made a motion to approve the amendment to Ordinance 18, 2004 as read into the record by Mr. Sanchez. Councilmember Delgado seconded the motion, which carried by unanimous 3 -0 vote. Councilmember Delgado made a motion to adopt Ordinance 18, 2004 on second reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 3 -0 vote. Ordinance 28, 2004 — Satellite Universities in the Professional Office Zoning District Q" readingh An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to Satellite Colleges or Universities; amending Section 78 -751, Code of Ordinances entitled "Definitions" to include Satellite College or University; amending Section 78 -159, Code of Ordinances entitled "Permitted Uses, Conditional, and Prohibited Uses" to allow Satellite Colleges or Universities to be located within the Professional Office (PO), General Commercial 1 (CG1), General Commercial 2 (CG2), Research and Light Industrial (MI), Light Industrial (MIA), and Public or Institutional (P /I) Zoning Districts as a Conditional Use; providing for codification; and providing an effective date. The City Clerk read Ordinance 28, 2004 by title only on first reading.. Mayor Jablin declared the public hearing open. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Delgado made a motion to place Ordinance 28, 2004 on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 3 -0 vote. Ordinance 20. 2004 — Amendment to Chapter 6 - Code of Ordinances — Alcoholic Beverages ". (2nd reading) An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to alcoholic beverages; amending Section 6 -1, Code of Ordinances, entitled "Definitions;" amending Section 6 -2, Code of Ordinances, entitled "Hours of Sale;" repealing Section 6 -4, Code of Ordinances, entitled "Distance Limitations Between Vendors, Churches, and Schools,: in its entirety; creating a new Section 6 -4, Code of Ordinances, to be CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/5/04 4 entitled "Distance Limitations Between Vendors, Places of Worship, and Schools;" repealing Section 6 -5, Code of Ordinances, entitled "Hotels, Motels, Restaurants, etc.," in its entirety; creating a new Section 6 -5, Code of Ordinances, to be entitled "Exceptions to Distance Limitations Between Vendors;" repealing Section 6 -6, Code of Ordinances, entitled "Food Stores Selling Malt Beverages and Wine," in its entirety; creating a new Section 6 -6, Code of Ordinances, to be entitled "Vendors of Malt and Wine Beverages for Consumption Off Premises Only; " providing for Codification; and providing an effective date. The City Clerk read Ordinance 20, 2004 on second reading. Senior Planner Michael Sanchez explained this ordinance was the same as presented at first reading, and at first reading City Council had requested staff analyze what would happen if the distance between vendors remained at 750 feet, the current requirement, instead of 500 feet, the proposed change, and exempting restaurants, veteran organizations, hotels, as currently exempted, and adding the exemption of theaters. Mr. Sanchez explained this would affect three current projects. In Downtown at the Gardens, any restaurant would be allowed to serve alcohol, the theater would be allowed to serve alcohol, nightclubs, bars and lounges would have to be now 750 feet apart instead of 500 feet, and liquor stores would not be permitted in the project. In Donald Ross Village, restaurants and hotels would be allowed to serve alcohol, liquor stores would have to be 750 feet apart, and nightclubs, lounges and bars would not be permitted. In the Borland Center restaurants and hotels and the theater would be allowed to serve alcohol, liquor stores would have to be 750 feet apart, and nightclubs, lounges and bars would not be permitted. Mr. Sanchez clarified that the ordinance as presented was not changed from first reading, and would essentially be the same except the distance requirement would be different. Mayor Jablin declared the public hearing open. Resident Vito DeFrancesco spoke against the change in distance, commented the Borland Center church was also to be used as a theater and asked how alcohol could be allowed there, and expressed his opinion this was being done to enhance profits for developers. Robert Davis, 118 Orchid Cay, BallenIsles, indicated he agreed with Mr. DeFrancesco to some extent and asked how it could be allowed in the Borland Center if there was a church, school and restaurants only 50 feet apart, and it should be all or none. Mayor Jablin indicated that was what the Council was trying to do, to be equally fair. Councilmember Delgado clarified that this amendment had not been initiated by the Borland Center. Councilmember Levy commented a lot of churches and synagogues served wine as part of their religion so he did not see the point of banning it from the area of a church when the church might be serving wine itself. Councilmember Delgado received clarification that the theater at Downtown at the Gardens was not being used as a church. Julia Byrd, Daffodil Circle, commented movie theaters at Promenade and Loehmann's were not allowed to serve liquor and why should the door be opened to do so. It was clarified by the City Attorney that serving liquor was currently allowed in the theaters but none had requested a liquor license from the state, and the City had no jurisdiction over the state. That was not being changed, and this ordinance was just distances between establishments. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Levy indicated he had spoken to the City Attorney regarding the fact that some churches served wine, and the way the ordinance was currently written he believed it could be interpreted as being illegal within the City, so he would vote in favor of the ordinance. Mayor Jablin reported he had spoken to two rabbis, a priest, and a couple of ministers, and none had a problem with the ordinance and were puzzled as to why there should be any concern. Councilmember Levy made a motion to approve Ordnance 20, 2004 CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/5/04 5 on second reading by title only. Councilmember Delgado asked what would happen if she did not second, since only three members were present, to which Mayor Jablin responded the gavel could be passed so that he could make the second. Councilmember Delgado declined to second. The gavel was passed to Councilmember Levy and Mayor Jablin seconded the motion. The motion carried by 2 -1 vote, with Councilmember Delgado opposed. Councilmember Delgado requested a recess. Following the 5- minute recess the meeting was reconvened. Part II — Ouasi-iudicial Ordinance 13, 2004 — Borland Center for Community Enrichment (2 ❑d reading). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to rezoning; providing for the rezoning of a parcel of land consisting of 47 acres, more or less, located along the North side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as described more particularly herein, from Planned Development area (PDA) to a Mixed Use Planned Unit Development (MXD PUD) overlay with an underlying zoning of mixed use (MXD) to be known as the Palm Beach Community Church/Borland Center PUD; revising the zoning district map; and providing an effective date. (Resolution 92, 2004 is a companion item to Ordinance 13, 2004 and will require Council action.) Resolution 92, 2004 — Borland Center for Community Enrichment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a waiver of the residential requirement within a mixed use project to allow for a mixed use Planned Unit Development (PUD) utilizing non - residential mixed use intensities and measures; approving the master development plan for the approximately 47 -acre property, known as the Borland Center/Palm Beach Community Church (a.k.a. Parcel 6.01A), located along the North side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as described more particularly herein, to allow the development of 64,533 square feet for a cultural center and church facilities (500 -seat small theater /church facility with accessory uses and 300 -seat banquet hall), 64,025 square feet for retail /commercial use, 19,950 square feet for restaurant use, 10,900 square feet for professional office use, and 225 multi - family units; granting conditional use approval for a 500 -seat small theater use /church and 300 -seat banquet facility; providing for waivers; providing for conditions of approval; and providing an effective date. The City Clerk read Ordinance 13, 2004 by title only on second reading and Resolution 92, 2004 by title only. Councilmember Levy disclosed he had had none, and Mayor Jablin disclosed he had had none. Senior Planner Kara Irwin made the staff presentation and indicated the staff report was a collaboration by staff members, including Charles Wu and Talal Benothman, and that the entire project file had been placed into the record and was available for public view at any time within the hours of operation 8 to 5 Monday through Friday. In response to Councilmember Levy's concern that the preserve on- site might not be large enough to accommodate wildlife, the City Forester indicated the City was satisfied with the amount of preserve on site because of mitigation off -site. Attorney Ray Royce spoke on behalf of the applicant, and asked for clarification of condition 26. City Engineer Dan Clark and Ms. Irwin clarified that before anything else could be built on site, an analysis of the traffic generated from what was already built would be required, and if there were trips left between that number and the amount of trips approved through the concurrency, those trips would still be available for use. It was agreed that the existing language for condition 26 would remain. Ms. Irwin confirmed that the City would provide a CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/5/04 6 letter stating the intent of this condition. Attorney Royce asked for clarification of condition 31. Ms. Irwin responded this was a request for a traffic light before it was warranted, and the City would request the permits, and it would be a flashing light until warranted. Mr. Royce asked for clarification of condition 41, and asked that if the City received $250,000 as a result of a sale of the property containing a conservation easement that the City release the conservation easement. Following discussion, Mr. Royce requested this application be moved forward. Mayor Jablin announced that this was a continuation of a public hearing that had been open since July 15 and called for comments from the public. Vito DeFrancesco advised he had provided a handout of the City's law regarding what could and could not be built in residential and non - residential MXD zoning districts and stated the proposed waiver was against the comprehensive plan. Mr. DeFrancesco took issue that the applicant was not mitigating 25% upland preserve as required by the comprehensive plan. Mr. DeFrancesco expressed his opinion the comprehensive plan was not being followed for land use by placing residential with commercial. Robert Stimac, Shady Lakes, commented the City Council seemed not to be able to vote no on any project that increased traffic density on the roads and commended Mr. DeFrancesco for his efforts regarding this project. Mr. Stimac stated he was named in the agreement between the homeowners associations and the Borland Center but did not sign it and reserved the right to object to the project, and expressed his concerns. Mr. Stimac asked how residential property could be placed in a non - residential MXD, which Ms. Irwin explained. Judy Steinbauer, Community Association Manager representing Garden Lakes Community Association, expressed concern the final plans showed a wall between their property and Borland Center and reported they and the applicant had reached agreement to have a fence instead of a wall with landscape vegetation between the two parcels. Ms. Irwin reported the most recent plan showed a fence. Richard Orman, 4203 Oak Street, representing PGA Corridor Residents Coalition, received clarification that the 500 -seat theater and 500 -seat church were the same building, and confirmed with the applicant that Borland accepted and was subject to the new PGA Corridor Overlay amendments. Mr. Royce asked those in support of this application to stand, rather than to speak in order to save time, which was done. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Levy expressed concern regarding the on -site wildlife corridor, but indicated it was not being voted on now. Councilmember Levy made a motion to place Ordinance 13, 2004 on second reading by title only and to approve Ordinance 13, 2004. Councilmember Delgado seconded the motion. The City Attorney verified that this application was consistent with the comprehensive plan. Motion carried by unanimous 3 -0 vote. Mayor Jablin indicated that the presentation had already been made for Resolution 92, 2004 and called for comments. Attorney Royce clarified that in addition to the 80' buffer, the applicant was providing an additional 20' buffer and landscaping on the other side of Shady Lakes and landscaping in the median, which should accommodate small wildlife. Mr. DeFrancesco requested to cross examine Ms. Irwin and read statements from the staff report, asking if what he had read was true. Ms. Irwin responded Mr. DeFrancesco was reading definitions, and what was in her staff report was true to the best of her knowledge. Mr. DeFrancesco asked why Shady Lakes was omitted when talking about adjacent developments. Ms. Irwin explained Shady Lakes was directly adjacent to a portion of the project that would not be developed, and had not been omitted. Attorney Tatum interrupted to explain that cross examination consisted of questions regarding testimony that had been made and was not an opportunity to someone else offering further statement into the record; CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/5/04 7 and Mr. DeFrancesco was free to ask questions about Ms. Irwin's testimony but must ask in the form of a question and give her time to respond. Mr. DeFrancesco stated the surrounding built environment of the subject site infill parcel is 65.8% residential, and asked if that number was correct and how it had been determined. Ms. Irwin responded it was correct and had been determined in linear feet of the perimeter of the site and that Shady Lakes was included in that number. Mr. DeFrancesco stated in statement prior, the residential developments directly adjacent to the subject site are Garden Lakes and Gardens of Woodberry and why was Shady Lakes not included in that one. Ms. Irwin stated it was included in her evaluation. Mr. DeFrancesco stated the subject site has been designated as to provide a roadway link from Shady Lakes Drive to Garden Lakes Boulevard, which provides these residential developments access without having to access PGA Boulevard as currently required. These roadway links provide for horizontal integration. Are these, in fact, roadway links? Ms. Irwin responded these are internal roadways to the development; they link, or give the ability to travel from Shady Lakes Drive through the development to the Garden Square Shoppes and to Garden Lakes Boulevard and that was the link she was talking about. Mr. DeFrancesco asked if this was the standard type link provided to give access between two points. Ms. Irwin explained the developer was providing the link through the development and this was not a City roadway. Mr. DeFrancesco asked if this roadway could then be considered for horizontal integration if it was not a City roadway. Ms. Irwin explained it was a link but not a City roadway. Mr. DeFrancesco indicated this roadway had four 90- degree bends, seven stop signs, various openings for parking lots, and asked if that was considered a viable roadway to satisfy horizontal integration. Ms. Irwin responded the project as designed promoted integration between the adjacent sites, and since the development did not contain City roadways she did not understand his question as it related to the staff report. Mr. DeFrancesco stated he did not understand how this link could possibly be considered horizontal integration when it was so convoluted. Attorney Royce objected that Mr. DeFrancesco was being argumentative by asking the same question over and over. Mayor Jablin asked Mr. DeFrancesco to move on to the next question. Mr. DeFrancesco reported a table in the staff report contained acreages and showed 47.11 acres while a similar document presented tonight showed 38.94 acres; and asked if the omitted portion was commercial or open space. Mr. Irwin's response was the table in the staff report was correct, and the portion was open space. Mr. DeFrancesco referred to the environmental assessment requiring 25% on -site mitigation or 2.37 acres; and asked where in the staff report it referred to wetlands. Ms. Irwin responded wetlands were not in the report but were handled by a separate agency that reviewed wetlands for the site. Mr. DeFrancesco asked how the mitigation was being handled and if there would be buildings where there were wetlands. City Attorney Tatum reminded Mr. DeFrancesco his questions must be limited to Ms. Irwin's testimony or what was in her report and she had just testified it wasn't in her report. Attorney Royce objected to Mr. DeFrancesco reading from the staff report and not asking a question. Mr. DeFrancesco asked if this applicant had put 50% of the required acreage on site; Ms. Irwin responded that with this approval they were putting 100% on site. Mr. DeFrancesco indicated one reason given for allowing smaller parking spaces and smaller aisle ways was additional open space and would the open space remain. Ms. Irwin answered the question and explained the additional open space was provided for the limited amount of parking they were reducing and was not required for spaces in the parking garage. CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/5/04 8 Mr. DeFrancesco stated land use in the comprehensive plan was listed for non - residential mixed use. Attorney Tatum advised Mr. DeFrancesco he must ask questions or she was going to advise the City Council to end the cross examination. Mr. DeFrancesco asked if residential land use was listed in the comprehensive plan for nonresidential MXD. Ms. Irwin stated land use for the site was mixed use. Mr. DeFrancesco asked if in the comprehensive plan and LDR, the land use of residential was allowed in nonresidential MXD. Attorney Royce objected that Ms. Irwin had answered the question several times and explained it. Mr. DeFrancesco stated in the comprehensive plan there was no land use for residential and how was the height of 4 stories determined, to which Ms. Irwin responded under the land use allocation for industrial and all except professional, the height was limited to 4 floors. Mr. DeFrancesco asked how the residential intensities were determined from the use of the comprehensive plan in nonresidential mixed use. Ms. Irwin responded the densities and intensities were limited to those allowed through the comprehensive plan and the LDR's for the Forbearance Agreement, which was used since it was more strict. Mr. DeFrancesco asked where she got the measurements for nonresidential MXD for residential. Ms. Irwin stated she had answered the question. Mr. DeFrancesco thanked Ms. Irwin for her time. Mayor Jablin stated he would like to move on with Resolution 92, 2004 and hearing no further comments from the public, declared the public hearing closed. Councilmember Levy moved to approve Resolution 92, 2004 including the amendments. Councilmember Delgado seconded the motion, which carried by unanimous 3 -0 vote. Attorney Royce thanked staff for their work on this project and for the Mayor's comments regarding Mr. Brandt. Following a short break the meeting was reconvened. Resolution 149, 2004 — Donald Ross Villayze PUD -- Amendment to the Site Plan. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the development plans for the Donald Ross Village Planned Unit Development (PUD) generally bounded by Donald Ross Road to the North, Central Boulevard to the West, and Military Trail to the East, as more particularly described herein; providing for an additional waiver; providing for conditions of approval; and providing an effective date. The City Clerk read Resolution 149, 2004 by title only. Senior Planner Kara Irwin presented the proposed amendment. Mayor Jablin declared the public hearing open. Councilmember Delgado disclosed exparte communication that she had met with staff on this matter. Councilmember Levy reported no exparte communication. Mayor Jablin reported he spoke with Peter Brock a couple of days ago. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Delgado moved to approve Resolution 149, 2004 by title only. Councilmember Levy seconded the motion which carried by unanimous 3 -0 vote. RESOLUTIONS: Resolution 147, 2004 — Approving a special event permit for "Taste of the Gardens ". A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a special event permit for a City - operated green market type program to be known as the "Taste of the Gardens ", in accordance with Section 78 -187 of the City Code of Ordinances; and providing an effective date. Charlotte Presensky, Community Services, provided a presentation. Councilmember Levy moved approval of Resolution 147, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 3 -0 vote. Resolution 151, 2004 — CRALLS Application related to the Gardens Science and Technology Community Development of Regional Impact (DRI). A Resolution of the City CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/5/04 9 Council of the City of Palm Beach Gardens, Florida directing staff to initiate an application for a "Constrained Roadways at a Lower Level of Service" to Palm Beach County related to the Gardens Science and Technology Community Development of Regional Impact; and providing an effective date. City Engineer Dan Clark provided the presentation. Councilmember Delgado moved to pass Resolution 151, 2004. Councilmember Levy seconded the motion, which carried by unanimous 3 -0 vote. Resolution 165, 2004 — Fire Rescue Level of Service. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, repealing Resolution 124, 2004, and re- affirming the commitment of the City to attain and comply with minimum Fire - Rescue level of service standards; providing an effective date; and for other purposes. Fire Chief Pete Bergel provided the staff presentation. Councilmember Levy made a motion to approve Resolution 165, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 3 -0 vote. ORDINANCES: Ordinance 29, 2004 — Revise Development Approval Process — for consideration on First Reading. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to review of applications for development order approval; amending Section 78 -42, Code of Ordinances, entitled " Concurrency required" relating to Developments of Regional Impact; amending Section 78 -43, Code of Ordinances, entitled "Review of Applications for Development Approval" relating to mandatory Planning, Zoning and Appeals Board Workshops and certain mandatory waiting period for public hearings and workshops; amending Section 78 -44, Code of Ordinances, entitled "Concurrent Processing" to provide greater discretion to the City Council to allow concurrent processing of development approvals; amending Section 78 -46, Code of Ordinances, entitled "Application Procedures" relating to concurrency and developments of Regional Impact; providing for codification; and providing an effective date. The City Clerk read Ordinance 29, 2004 by title only on first reading. Growth Management Administrator Charles Wu presented the proposed process. Councilmember Delgado moved to place Ordinance 29, 2004 on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 3 -0 vote. ITEMS FOR COUNCIL ACTION /DISCUSSION: LaPasoda Lightning Rod Update — Planner Jackie Holloman provided the update and introduced Patrick Dillon, President of Bonded Lightning Protection, who answered questions from the Council. Charles Wu presented the staff objections. Dodi Glas spoke on behalf of the petitioner. Mayor Jablin stated that going forward, lightening rod systems would be inspected before becoming a situation like this again and admonished the petitioner for having done this without staff s okay, and stated he did not want this to set a precedent, but did not want the petitioner to have to rip out this entire system. Compensation of Council Members — Mayor Jablin reported the Council had decided to increase the compensation for Councilmembers and to provide for periodic increases in the future so that eleven years would not go by again without a raise. Mayor Jablin indicated he still favored his original suggestion of $22,000 for Councilmembers and $25,000 for the Mayor, and had calculated the time each person spent doing this job. Mayor Jablin felt $20,000 should be the floor amount. Councilmember Delgado favored a $2,000 difference between the council and Mayor and suggested $22,000/$24,000. Councilmember Levy compared this job to the County Commissioners' salaries at $80,000, although CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/5/04 io Councilmember Delgado stated they really received approximately $140,000, estimating if a Councilmember did the absolute minimum that it would be a quarter of a full -time position, and came up with a minimum of $20,000 for each Councilmember and 10% more, or $22,000, for the Mayor. Councilmember Levy stated he was willing to compromise. Councilmember Delgado explained she favored $22,000/$24,000 based on the chart provided by staff which showed salaries paid by other municipalities. Mayor Jablin proposed whatever decided would be presented in an ordinance on the 19`h for first public hearing, starting with $22,000/$24,000, including COLA and the ability to purchase insurance up to age 65. Consensus was to have staff prepare the ordinance. ADJOURNMENT: There being no further business cuss, mee N g was adjourned at 11:19 p.m. APPROVAL: E MAYOR RUSSO COUNCILMEMBER DELGADO COUNCILMEMBER LEVY ATTEST: PATRICIA SNIDER CITY CLERK