HomeMy WebLinkAboutMinutes Council 060205CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
June 2, 2005
The June 2, 2005 Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 7:06 P.M. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor
Russo, 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 Russo, Vice Mayor Jablin, Councilmember Levy, and
Councilmember Valeche. Councilmember Barnett was absent from the meeting.
ADDITIONS, DELETIONS, AND MODIFICATIONS:
Mayor Russo announced there were no additions, deletions or modifications
ITEMS CONTINUED FROM PRECEDING MEETING:
Town Hall Meeting Issues - Sheryl Stewart, Assistant to the City Manager, presented the
following issues which were discussed by the City Council: neighborhood workshop
meetings for major projects, the agenda setting process with items placed on the agenda by
the City Manager and draft agendas provided to the Council during the process, and on -site
preservation with 25% minimum required and any changes to be approved by City Council.
The date for the first Council /Manager workshop was discussed. The City Manager advised
each council member would be contacted for available dates.
ANNOUNCEMENTS / PRESENTATIONS:
Presentation to retired police K -9 Raul — Police Chief Stepp noted K -9 Raul's achievements
during his career. A bone for Raul was presented to Raul's handler, who was to provide a
home and care for Raul in his retirement.
Education Advisory Committee — Teacher and Student recognition from City area Schools
Charlotte Presensky described the work done recently by the Education Advisory Committee
and introduced members who were present. Chair Wayne Anderson presented the awards.
Mayor Russo addressed the outstanding students and teachers.
Gardens Medical Center Presentation — Mary Jo Gregory, CEO of Palm Beach Gardens
Medical Center, and board member Rita Craig presented to the City ten automatic external
defibulators.
Legislative Update — Resource Group - Jordan Connors recapped events that happened in
Tallahassee recently. Two projects for Palm Beach Gardens were included in the budget, as
well as two road resurfacing projects, and a right -of -way acquisition. Mr. Conners reported
the passage of the Growth Management Act, noted a report was to be done regarding impact
fees, a new transportation bill program was introduced, and annexation and CRA's were
going to be issues next year. The telecommunications bill was passed. Other issues that
passed and did not pass were reviewed. Mayor Russo requested Mr. Connors meet with
Council and staff in the fall to discuss how to do better.
ITEMS OF RESIDENT INTEREST:
Councilmember Levy reported he had attended the Police Department awards ceremony
where many people were recognized. Councilmember Valeche thanked the Vice Mayor for
officiating at the Memorial Day Commemoration and reported speakers had been a holocaust
survivor and his son. Vice Mayor Jablin the commemoration had been very moving, and
reported attending the opening of the City's new pool facility. Mayor Russo reported he did
an interview with WJNO, who had been very complimentary of the City's website. Mayor
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/2/05 2
Russo expressed his opinion that now that Scripps was being built on the Mecca site, the
Council needed to speak up as to what they would like in their city and the direction they
wanted. The question of whether the Vavrus property was necessary to Scripps was
discussed, and the need to hold a workshop or a forum on this subject. A manager -staff
meeting was scheduled for June 15.
CITY MANAGER REPORT:
Department Presentation: City Engineer — Traffic - City Engineer Dan Clark provided a
background on traffic analysis, impact analysis, and concurrency. The City Manager reported
Councilmember Barnett had sent an e-mail asking about having a direct connect from the
Briger tract to the turnpike, and Mr. Clark advised that the turnpike authority had been
approached during the time the City was helping the County regarding the Briger tract, and
they were interested in an exit/entrance on Hood Road, not at Donald Ross Road, but it was
not needed for traffic for Briger.
Tech Village Partners - Talal Benothman reported staff met with Tech Village Partners on
May 26 and learned that they planned to formally submit an application for the DRI, for
comp plan amendment, and for a master plan and zoning during July 2005. The applicant
planned to request modifications to the current DRI rather than to submit for a new DRI. The
applicant would officially initiate a public relations campaign during June 2005, and
requested a visioning workshop with staff on June 8. Mayor Russo expressed concern that
the applicant was moving so fast and the City had not yet decided what they wanted to see on
that property.
Exchange Program - The City Manager asked if the City would be interested in participating
in an 18 to 24 -month exchange program on disaster and recovery information, covering such
items as infrastructure, ordinances, building codes, planning zoning, rezoning, etc., providing
assistance to villages in India that had been damaged by the tsunami in December 2004.
Communities in Florida had been asked to be lead agencies. The City Manager recommended
that Growth Management Director Charles Wu travel to India in July for this program,
primarily provided by USAID. Consensus of the City Council was to participate in the
program as a lead agency.
Flag Day — The City Manager announced a Flag Day event would be held June 14 at 9 a.m.
in City Hall.
COMMENTS FROM THE PUBLIC:
Joan Altwater, Cypress Hollow, commented on certified mail she had received regarding the
Briger Tract, hurricane preparedness, traffic impacts on Northlake Boulevard, and cautioned
that development of the Vavrus property would impact the Northwest Fork of the
Loxahatchee River. Staff explained the procedure they had used in sending the certified
mailings on the Briger Tract.
Tom Sosey, Bent Tree, endorsed Vito DeFrancesco's suggestion that the lakes at South
Hampton be taken out of alignment to alleviate the noise level, and suggested the Council
ask the City Engineer if he agreed with the impact, and if he agreed, to have the developer
bring to the next meeting a simplified site plan showing the lakes and explaining why he
could not take them out of alignment. The Mayor explained that could be asked on the
applicant at the next meeting, but could not be discussed tonight without the applicant
present.
Joan Elias, Diamond Head Way, liked the idea of holding workshops again, and suggested
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/2/05 3
the subject of the first workshop held be the Christ Fellowship Church application.
CONSENT AGENDA:
Vice Mayor Jablin moved approval of the consent agenda. Councilmember Levy seconded
the motion, which carried by unanimous 4 -0 vote. Therefore, the following items were
approved on the consent agenda:
a. Resolution 67, 2005 — Re- appointment of two (2) members to the Board of Trustees
to the General Employees Pension Board. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida providing for the re- appointment of two (2)
members to the Board of Trustees of the City of Palm Beach Gardens General
Employee Pension Board; and providing an effective date.
b. Resolution 68, 2005 — Re- appointment of two (2) members to the Fire Pension
Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
providing for the re- appointment of two (2) members to the City of Palm Beach
Gardens Fire Fighters' Pension Board; and providing an effective date.
C. Resolution 79, 2005 - Approving Agreements related to installation/maintenance. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving
addenda to the agreements with B &B Underground Contractors, Chaz Equipment
Company, Construction Technology, D. S. Eakins Construction Corporation,
Dunworth Construction and Murray Logan Construction for services related to
installation and /or maintenance of municipal infrastructures; authorizing the City
Manager to execute said addenda; and providing an effective date.
d. Resolution 80, 2005 - Amending the procedures for Quasi - Judicial Public Hearings.
A Resolution of the City Council of the City of Palm Beach Gardens, Florida
Amending the procedures for Quasi- Judicial Public Hearings; and providing an
effective date.
PUBLIC HEARINGS:
Part I — Quasi - judicial - Mayor Russo described quasi-judicial procedures. The City Clerk
swore in all those who intended to offer testimony in any of tonight's cases.
Resolution 71, 2005 - Mirasol Walk PUD — Resolution 168, 2003 amendment. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to
the Mirasol Walk Planned Unit Development (PUD), which is located at the Northwest
Corner of PGA Boulevard and the Florida Turnpike, as described more particularly herein, to
allow 4,000 additional square feet of Restaurant and to include Professional and Business
Office as a permitted use; and providing an effective date. The City Clerk read Resolution
71, 2005 by title only. Mayor Russo declared the public hearing open and called for ex -parte
communications. Mayor Russo reported he met with staff. Shawn McIntyre presented the
proposed amendment on behalf of the petitioner. Senior Planner Brad Wiseman confirmed
that staff recommended approval and answered questions from the City Council. Hearing no
comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor
Jablin moved approval of Resolution 71, 2005. Councilmember Valeche seconded the
motion, which carried by unanimous 4 -0 vote.
Ordinance 16, 2005 — (1St reading) Wachovia Bank Building PUD Request. An Ordinance of
the City Council of the City Of Palm Beach Gardens, Florida relating to rezoning; rezoning
of a parcel of land consisting of approximately 2.51 acres located at the Southeast corner of
PGA Boulevard and Military Trail, as more particularly described herein, from General
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/2/05 4
Commercial (CG -1) to a Planned Unit Development (PUD) overlay with an underlying
zoning designation of General Commercial (CG -1) to be known as the Wachovia PUD; and
providing an effective date. The City Clerk read Ordinance 16, 2005 by title only on first
reading. Mayor Russo declared the public hearing open and called for ex -parte
communications. Councilmember Levy reported he spoke with Anne Booth and received an
e -mail from Anne Booth and an e -mail from Steve Tarr. Councilmember Valeche reported he
received the same e-mail from Steve Tarr. Vice Mayor Jablin reported he also had received
the e -mail from Steve Tarr and had spoken with Anne Booth. Mayor Russo reported he had
received the e -mail from Steve Tarr, which stated the waiver was okay. Anne Booth
presented the proposed rezoning request on behalf of the petitioner. Senior Planner Brad
Wiseman advised staff recommended approval. Mayor Russo recommended looking at the
sign code now that many trees were maturing and obscuring the signs. Hearing no comments
from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin made a
motion to place Ordinance 16, 2005 on first reading by title only. Councilmember Valeche
seconded the motion, which carried by unanimous 4 -0 vote.
Resolution 72, 2005 - Wachovia Bank Building PUD Request. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving a waiver from Section 78-
285, Code of Ordinances entitled "Permitted Signs," to allow for the installation of a
principal tenant sign on the parapet of the North elevation of the Wachovia building, which is
located at the Southeast corner of PGA Boulevard and Military trail, as more particularly
described herein; providing for conditions of approval; and providing an effective date.
Resolution 72, 2005 is a companion item to Ordinance 16, 2005 and will require Council
action on second reading.
Part II — Non - Quasi - judicial
Ordinance 1, 2005 — (2d reading) LDR Amendment — Wireless Communications Facilities.
An Ordinance of the City Council of the City of Palm Beach Gardens, Florida; relating to
Wireless Telecommunications Facilities; amending Section 78 -159 Code of Ordinances
entitled "Permitted uses, Conditional and Prohibited uses ", amending section 78- 1590)(64),
Code of Ordinances entitled "Additional Standards - Wireless Telecommunications
Facilities" to provide time frames for processing applications and to authorize the adoption
of a Resolution to establish Application Fees for the location of Wireless
Telecommunications Facilities on private or public property; amending subsection 78-
1590)(64), Code of Ordinances entitled "Additional Standards - Wireless
Telecommunications Facilities" to repeal the requirement to apply for conditional use
approval when a Wireless Facility application is denied and to clarify processes; providing
for codification; and providing an effective date.
Resolution 65, 2005 is a companion item to Ordinance 1, 2005 and will require Council
action : Resolution 65, 2005 - LDR Amendment — Wireless Communications Facilities. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida amending exhibit
"A" of Resolution 150, 2004 updating the schedule of fees and charges for various services
rendered by the City of Palm Beach Gardens for Fiscal Year 2004/2005 to include an
application fee for locating wireless telecommunication facilities on private or public
property; and providing an effective date. The City Clerk read Ordinance 1, 2005 by title only
on second reading and also read Resolution 65, 2005. Mayor Russo declared the public
hearing open. Planner Jackie Holloman presented the request and announced there had been
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/2/05 5
no changes since first reading. The City Attorney advised this would be brought up each year.
Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice
Mayor Jablin made a motion to place on second reading and adopt Ordinance 1, 2005.
Councilmember Levy seconded the motion, which carried by unanimous 4 -0 vote. Vice
Mayor Jablin made a motion to approve Resolution 65, 2005. Councilmember Levy
seconded the motion, which carried by unanimous 4 -0 vote.
RESOLUTIONS:
Resolution 63, 2005 — Approve a contract award to Weiss and Woolrich Contracting
Company, Inc., for the construction of the Burns Road Community Recreation Campus
Gymnasium and Locker Room Expansion Project, as outlined in the Invitation to Bid, City
Project Number 2004 - 008 /Rec -0041, in the amount of $3,311,710. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida awarding a contract to Weiss and
Woolrich Contracting Company, Inc. for the construction of the Burns Road Community
Recreation Campus Gymnasium and Locker Room Expansion Project; authorizing the City
Manager to take all actions necessary to complete the project in a timely manner; and
providing an effective date. City Engineer Dan Clark presented the project. Vice Mayor
Jablin moved approval of Resolution 63, 2005. Councilmember Levy seconded the motion,
which carried by unanimous 4 -0 vote.
ORDINANCES:
Ordinance 3, 2005 — G" reading) LDR Amendment — Unified Control, Section 78 -155 (n).
An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to
Planned Community Developments (PCD) within approved Developments of Regional
Impact; amending Section 78 -46, Code of Ordinances, entitled "Application Procedures" to
clarify the necessary Unified Control Documentation and owners agreements required for
amendments to approved PCDs within approved Developments of Regional Impact;
amending Section 78 -155, Code of Ordinances, entitled "PCD — Planned Community
Development Overlay District" to clarify the aforesaid necessary Unified Control
Documentation; providing for codification; and providing an effective date. The City Clerk
read Ordinance 3, 2005 by title only on first reading. Al Malefatto spoke on behalf of Avatar
Properties, who was requesting the proposed ordinance language, which would apply to a
project they planned to develop at Frenchman's Creek Marina. Staff recommended approval
of the ordinance. Steve Mathison, Attorney for Frenchman's Creek, stated they agreed with
the proposed language. Vice Mayor Jablin moved to place Ordinance 3, 2005 on first reading
by title only. Councilmember Valeche seconded the motion, which carried by unanimous 4 -0
vote.
ITEMS FOR COUNCIL ACTION /DISCUSSION:
PBC Proposed Future Land -Use Amendment ( Northlake Residential /Coconut NE II)
Senior Planner Kara Irwin provided additional information as to why staff did not object to
the county future land -use amendment, as requested by City Council at their last meeting.
The staff had no objection because the proposal was consistent with surrounding land uses,
consistent with the adopted western Northlake corridor land use study, and consistent with a
transmittal the City had done for an amendment along Northlake Boulevard. Consensus was
not to object to the proposed amendment.
Procedure for the Christ Fellowship application was discussed. It was clarified that first
reading was for workshopping and obtaining public input, and could be continued until
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/2/05 6
resolution was reached. Vice Mayor Jablin made a motion to hold a special meeting on June
23 for first reading of the Christ Fellowship petition. Councilmember Levy seconded the
motion, which carried by unanimous 4 -0 vote.
Appreciation was expressed by Vice Mayor Jablin and Mayor Russo to Natalie Wong for her
excellent work as a planner for the City, and good luck in her new endeavor.
ADJOURNMENT:
There being no further busine
APPROVAL:
ATTEST:
P TRICIA SNIDER, CMC
CITY CLERK
)4 p.m.
COUNCILMEMBER VALECHE