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.