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HomeMy WebLinkAboutMinutes Council 031705CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING March 17, 2005 The March 17, 2005 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:15 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Eric Jablin, 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, Vice Mayor Russo, Councilmember Levy, and Councilmember Valeche. ELECTION: Resolution 41, 2005 — Declaring Results of the March 8 2005 General Election. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, declaring the results of the General Election held on March 8, 2005; and providing an effective date. Vice Mayor Russo made a motion to approve Resolution 41, 2005. Councilmember Levy seconded the motion, which carried by unanimous 4 -0 vote. Administer Oath of Office — The City Clerk administered the oath of office to re- elected Councilmember Hal Valache. The City Clerk administered the oath of office to re- elected Mayor Eric Jablin. Special Guest, the Honorable Paul DeNico, County Court Judge of the 15th Judicial District, Palm Beach County, Florida, administered the oath of office to Councilmember Elect Jody Barnett. Remarks were made by each member of the Council. Consensus was to hear comments from the public Richard Jacobs, Lake Drive, congratulated Mayor Jablin and Councilmember Barnett, and called for exposure of those who provided information used in the election. Another resident congratulated those elected and expressed her opinion that the Mayor should be re- appointed as Mayor. Mayor Jablin indicated that could be changed by referendum after review of the charter. Tory Buckley, 4454 Daffodil Circle South, thanked the residents for seeing through the most negative campaign he had seen. Sue Banks, Elm Avenue, commented this was not the forum for residents to be electioneering for the Mayor. Bernie Elias, PGA National, Diamond Head Way, reminded residents there had been a good voter turnout; congratulated those elected for running a very clean campaign; and expressed his opinion the residents should select the Mayor. Marilyn Jacobs, Bermuda Lakes Drive, congratulated Mayor Jablin and Jody Barnett and expressed her opinion it was not time to change Mayors. Carolyn Chaplik, Hudson Bay Drive, congratulated each member who was elected. Joan Altwater, Cypress Hollow Drive, congratulated those elected and asked that personal issues be pushed aside for the good of the City, and called for moving forward. REORGANIZATION: Appointment of a Temporary Chairman to appoint Mayor. Motion was made and seconded to appoint Vice Mayor Russo as Temporary Chainnan to appoint the Mayor, and carried by unanimous 5 -0 vote. The gavel was passed to the Temporary Chairman. Appointment of Mayor - Councilmember Levy nominated Joe Russo for Mayor Councilmember Valeche seconded the motion, which carried by unanimous 5 -0 vote. Appointment of Vice Mao. — Councilmember Barnett made a motion to nominate Eric Jablin for Vice Mayor. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 42, 2005 — Appointment of Mayor and Vice Mayor. A Resolution of the City CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/17/05 2 Council of the City of Palm Beach Gardens, Florida appointing the Mayor and Vice Mayor for the City; and providing an effective date. Mayor Russo called for the City to come together, expressed his opinion there should be a town hall meeting in two weeks and supported a charter change for direct election of the Mayor. Vice Mayor Jablin thanked his supporters who wanted him as Mayor, but called for the City to come back together, and welcomed the new Mayor and expressed his support. Councilmember Levy thanked the Vice Mayor for his service as Mayor for the past three years, and for the example he had set. Councilmember Valeche also thanked Vice Mayor Jablin for helping him during his first months in office. Councilmember Levy made a motion to approve Resolution 42, 2005 with the names Joseph Russo inserted as Mayor and Eric Jablin inserted as Vice Mayor. Councilmember Valeche seconded the motion, which carried by unanimous 5 -0 vote. Appointment of Council to External Boards. By consensus this item was delayed to the end of the meeting. ADDITIONS, DELETIONS, AND MODIFICATIONS: Vice Mayor Jablin made a motion to add Resolution 55, 2005 to the agenda, under Resolutions. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. ITEMS OF RESIDENT INTEREST: Mayor Russo announced that these items had been brought back for discussion as requested by former Councilmember Delgado at a previous meeting: Ordinance 9, 2005 — Comp Plan Conservation Element Amendment. (For Discussion). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the Conservation Element of the Comprehensive Plan of the City of Palm Beach Gardens relating to the protection of environmentally sensitive areas and listed species; and providing an effective date. Ordinance 4, 2005 — Comp Plan Future Land Use Element text Amendment. (For Discussion). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida Amending the Future Land Use Element of the Comprehensive Plan of the City of Palm Beach Gardens relating to the Public /Institutional uses within the Mixed -Use Land Use Designation; and providing an effective date. Ordinance 7, 2005 — Comp Plan Future Land Use Map Amendment. (For Discussion). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for a Land -Use Map Amendment to the Comprehensive Plan of the City of Palm Beach Gardens relating to certain properties consisting of approximately 708.14 acres, generally located at the North East side of the intersection of Hood Road and the Florida Turnpike and South of Donald Ross road, commonly referred to as ` Briger Tract," to change the land -use designation from Commercial (C) and Residential Low (RL) land -use designation to Mixed - Use (MXD) land -use designation; and providing an effective date. Staff members Natalie Wong and Kara Irwin provided a presentation, which included information on the genesis of the Economic Development Initiative. Len Rubin, attorney for the owner of the Briger tract advised that the owner was willing to work with the City for what would go on this site. Mayor Russo indicated he had stated he would vote to withdraw Ordinance 7, 2005, but was willing instead not to do that if there was a meeting with the residents. Members of the Council expressed willingness to meet with residents. Mayor Russo called for public comment for all three ordinances. Howard Rosenkranz, Princewood, expressed his opinion that Ordinance 7, 2005 should be withdrawn and the Mayor should not change his position. CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/17/05 3 John Chaplik, Hudson Bay Drive, commented mixed -use was a way to alleviate property tax increases; and suggested dividing Briger into two parcels, East and West. Casey Steinbacher, Economic Advisory Board, read into the record a letter from that board in support of Ordinances 4, 7, and 9, 2005 and asking that the public share in the information and participate in the process. Ms. Steinbacher congratulated the winners of the election on behalf of the Chamber of Commerce and indicated the Chamber of Commerce favored the three ordinances. Comments by Linda Monroe were read into the record by Mayor Russo, supporting the mixed -use land designation with no more than three stories and with intensities significantly cut. Vito DeFrancesco, Shady Lakes, expressed support to withdraw Ordinance 7, 2005 since he believed it was based on false information, and explained his position. Mayor Russo announced that was all of the comment cards. Consensus of the City Council was to continue the transmittal and to have a workshop meeting with the residents as soon as possible with the stipulation that the meeting be as soon as possible, to look at Ordinance 7 to see if it might be able to be made better, and with participation by the landowner. It was requested that the workshop be held within the next couple of weeks. Paul Auerback commented the coalition meeting on Saturday would be a perfect time to get feedback from citizens. March 31 was set for a town hall meeting to discuss goals and objectives. The City Manager was requested to contact San Michele residents to determine a date to meet regarding the Briger site, and provide notice to all San Michele residents and invite everyone who had spoken on this issue. CITY MANAGER REPORT: City Manager Ferris reported staff had met with residents of Winchester Courts regarding Kyoto Gardens Drive and would continue to work with them to resolve those issues. COMMENTS FROM THE PUBLIC: Roger Blangey, Oak Street, Garden Woods, commented on the Kyoto Drive issue that there would be much more traffic noise and stressed the importance of hearings regarding the quiet zone, and asked for a commitment from the City not to operate that crossing until the quiet zone was implemented. Sharon Long, Linden Avenue, congratulated the election winners and Vice Mayor Jablin for his work on the quiet zone, and requested if it failed that the City institute noise guidelines. City Engineer Dan Clark reported on the status of the quiet zone, and indicated the FEC would have to install new equipment before a quiet zone could be implemented, and it appeared it would go forward but until a rule was adopted, the City could not make an application. Vice Mayor Jablin thanked the residents for their patience and expressed hope that Congressman Shaw would help. Discussion ensued regarding automatic train horns. Vito DeFrancesco, Shady Lakes, commented the Borland site was given permission to build based on false information given to the City, and requested the City Council ask staff if the applicant owned the property in the month of August when they received approval. Mr. DeFrancesco indicated his question had not been answered in the written response provided to him. Mayor Russo requested a written response be provided that answered the questions. The City Attorney responded with an explanation that there had been a dispute over the land, and as of today the City owned the land. Gordon Douglas, Hazel Avenue, encouraged everyone on the Council to drive Military Trail and expressed concern regarding the road through Winchester Courts and that residents were not notified, and asked that the road work be put on hold in order to move the road 50 or 75 feet to alleviate noise. The City Manager expressed regret regarding the notices and indicated the City would love to move the road but there was no place to move it. City Engineer Clark CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/17/05 4 explained that FEC owned the adjacent property so the road could not be moved, and explained noise abatement issues had been discussed and that every effort would be made to erect a wall before pile driving had to proceed, and pile driving would be paced to ensure no damage to homes. Mayor Russo requested a staff report at the next meeting and that Mr. Douglas be kept informed. Councilmember Levy requested a report on pile driving vibrations in saturated soil. Councilmember Valeche announced he had been invited and would be attending one of the Sunday community meetings. Mayor Russo commented he would also like to attend. Sue Banks, Elm Avenue, requested Kyoto Drive not go through and that the City Council treat the residents of Garden Woods and Winchester Courts with the same concern they gave the residents of The Isles when they closed their main road from Alternate A -I -A access. Ms. Banks requested the Council provide notice in writing to Treasure Coast Regional Planning Council, DCA, DOT, with copies to the homeowner associations. CONSENT AGENDA: Mayor Russo confirmed with the City Attorney that Mirasol Plat 6 was not owned by or being developed by Sabatello. Councilmember Levy made a motion to approve the consent agenda. Councilmember Valeche seconded the motion, which carried by unanimous 5 -0 vote. The following item was approved on the consent agenda: a. Approve Minutes from the February 17, 2005 regular City Council meeting. b. Resolution 40, 2005 — Mirasol Plat Six. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving Mirasol Plat Six plat; and providing an effective date. PUBLIC HEARINGS: Part I — Quasi - iudicial - Mayor Russo reviewed quasi-judicial procedures. The City Clerk swore in all those intending to offer testimony in any of the quasi-judicial cases. Resolution 34, 2005 - Approve a site plan for Pod C of the Frenchman's Reserve PCD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a site plan for Pod C of the Frenchman's Reserve Planned Community Development (PCD) to allow the construction of 48 zero - lot -line, single - family homes on an approximately 12.68 - acre parcel; providing for waivers; and providing an effective date. The City Clerk read Resolution 34, 2005 by title only. Senior Planner Brad Wiseman provided a staff presentation. Jennifer Morton, Land Design South, answered questions on behalf of the applicant. No one reported any ex -parte communication. Councilmember Levy moved adoption of Resolution 34, 2005. Councilmember Barnett seconded the motion, which carried by unanimous 5 -0 vote. Resolution 36, 2005 — Northern Palm Beach County Improvement District Emergency Operations Center (EOC) amendment to an approved site plan. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a site plan amendment to allow for a 13,366- square -foot building and a 375- square -foot above - ground gas storage facility to be located on lot 4 of the PGA National Commerce Park Planned Unit Development (PUD), a 3.26 -acre parcel which is located within the PGA National Development of Regional Impact (DRI), generally located at the Northwest intersection of the Ronald Reagan Turnpike and Northlake Boulevard, as more particularly described herein; providing for waivers; providing for conditions; and providing an effective date. The City Clerk read Resolution 36, 2005 by title only. Planner Autumn Sorrow provided a staff presentation. The representative for the applicant requested a second story sign. Talal Benothman explained staff's position for denial of the sign request. The only ex -parte CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/17/05 communication was by Councilmember Levy who reported he had spoken to the applicant on the gas tank. Vice Mayor Jablin moved approval of Resolution 36, 2005. Councilmember Levy moved adoption of Resolution 36, 2005. Councilmember Levy seconded the motion. During discussion, Councilmember Levy indicated the gas tank would meet all State requirements and there was a 30 -year warranty, and to date there had not been a failure of this type of tank. Motion carried by unanimous 5 -0 vote. Part II — Non - Quasi -iudicial - None RESOLUTIONS: Resolution 37, 2005 - Agreement with South Florida Water Management District For Thompson River Canal Water Quality Improvements. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a funding agreement with the South Florida Water Management District for Stormwater improvements to the Thompson River Canal; and providing an effective date. City Engineer Dan Clark provided the staff presentation. Councilmember Levy moved approval of Resolution 37, 2005. Councilmember Barnett seconded the motion, which carried by unanimous 5 -0 vote. Resolution 38, 2005 - Approving The Art in Public Places Proposal for Lot 4 of the NorthCorp PCD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places proposal for Lot 4 of the NorthCorp Planned Community Development (PCD), as more particularly described herein; providing for one condition of approval; and providing an effective date. Planner Autumn Sorrow presented the staff report. Vice Mayor Jablin indicated he would favor less representational art. Consensus was for the Vice Mayor to meet with the Art in Public Places committee and to bring this resolution back at a later date. Resolution 55, 2005 — Amending Resolution 115, 2004, Approved Set Aside Donald Ross Village Planned Unit Development. The City Attorney reported she had prepared this at the request of the applicant for Donald Ross Village and she had told them she would ask that it be put on the agenda, but that they would have to attend to make their presentation. Mayor Russo announced this would not be heard tonight as the applicant was not present. Appointment of Council to External Boards (delayed from earlier in the meeting) Consensus was to appoint the following representatives: MPO — Vice Mayor Jablin North County Intergovernmental — Vice Mayor Jablin and Mayor Russo The Municipal League — Councilmember Valeche. Loxahatchee Council of Governments - Councilmember Levy IPARC — Councilmember Barnett Municipal League - Hal Valeche was asked to contact Municipal League to advise of his availability. Northlake Boulevard Task Force — Vice Mayor Jablin, City Manager Ferris, and Growth Management Principal Planner Talal Benothman Seacoast Utilities— City Manager Ron Ferris The focus of the upcoming Town Hall was discussed. Objectives could be the charter, vision, county park, vision for the western part of the City, and not to re -hash items already voted on. CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/17/05 6 The City Manager reminded the City Council of the Visioning retreat scheduled for April 28 and 29 for City Council. A later Visioning Retreat would be scheduled with the residents. It was clarified that no vote had ever been taken to hold a separate Council retreat. During further discussion of the Town Hall meeting, allowing sufficient time for discussion of the Briger tract was discussed, and consensus was to hold a separate meeting. City Manager Ferris indicated staff would check on the availability of the Burns Road Community Center for the March 31 Town Hall meeting, which Council had indicated would be informal dialogue with residents. City Manager Ferris suggested a third party facilitator be present at the meeting regarding Briger Tract to get ideas down on paper. Mayor Russo suggested San Michele community leaders be contacted to let them know the City was planning the meeting in May. Linda Hughey asked why the Briger issue was being isolated to another meeting with only San Michele, because that would promote division, and other city neighborhoods would be affected, and a Town Hall meeting must be for everyone and be city-wide. A charrette was suggested. Councilmember Levy indicated everyone would be invited to the Briger meeting. During discussion, Councilmember Levy indicated he saw communication from San Michele to the City to provide their input rather than the other way around. Mr. Conte, a resident of San Michele, agreed with holding a meeting with a facilitator. Vice Mayor Jablin suggested the residents come in to provide their input and any members of the Council could attend, and any other resident could come. The City Attorney advised it should be a public meeting. Mayor Russo advised he would meet with them and then a meeting could be scheduled for some other time, and he would report back to the Council. Carolyn Chaplik, Hudson Bay Drive, commented there were many affected residents other than those in San Michele, and she had resented that only San Michele was going to be contacted. Mayor Russo responded it had been decided there would be a charrette for the whole City and any meetings would be for the whole City, and in the meantime he would go tell San Michele representatives the City was working on it, and he would be happy to go to her community to tell them the same thing. Vice Mayor Jablin recommended the incentive grant for Military Trail be expanded into the core of the City. Mayor Russo responded there must be a plan, and there must be a benefit back to the City. Other issues suggested for upcoming discussions and for the Council retreat were made and for Vice Mayor Jablin to spearhead the City Hall plaza effort. CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/17/05 ADJOURNMENT: There being no further business APPROVAL: ATTEST: PATRICIA SNIDER, CMC CITY CLERK A.