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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