HomeMy WebLinkAboutMinutes Council 061605CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
June 16, 2005
The June 16, 2005 Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 7:08 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,
Councilmember Valeche, and Councilmember Barnett.
ADDITIONS, DELETIONS, AND MODIFICATIONS:
Mayor Russo announced there were no additions, deletions or modifications
ANNOUNCEMENTS / PRESENTATIONS:
Palm Beach Gardens High School Girls Softball Team Presentation - The team won the State
Champions in Class 6A, Girls' Softball, and had been ranked number one most of the season.
Head Coach Randy Jackson provided a presentation and gave the Council a picture of the
team. Mayor Russo expressed thanks and congratulations on behalf of the City Council.
Alzheimer's Community Care — Day Care Site at Nativity Lutheran Church — Mary Barnes,
President and CEO of Alzheimer's Community Care, reported the day care site had been
rededicated and thanked the City Council for their help when the building was destroyed.
Ms. Barnes presented a plaque as a token of their appreciation.
ITEMS OF RESIDENT INTEREST:
Councilmember Levy reported on the wonderful Flag Day coverage in the Palm Beach Post
and that it had been a great event. Spirit awards had been presented, and new employees
welcomed. Councilmember Valeche reported today was Councilmember Levy's birthday,
and a gift was presented. The Vice Mayor said he had attended MPO that day and advised
that their budget included funding for North County Airport to expand the runways;
however, that would be examined to be sure it conformed to the City's agreement regarding
the noise level. The Vice Mayor reported HOV lanes were also discussed, and would be
brought up again. Mayor Russo commented the City's residents were very interested in the
Tech Village plans and reported on his discussions with Commissioner Marcus. Consensus
of Council was to wait to send a letter to the County.
CITY MANAGER REPORT:
Department Presentation: Growth Management — Military Trail Grants and EAR (Evaluation
and Appraisal Report) - Planner Autumn Sorrow provided an update on the great
improvements accomplished under the Military Trail Grant Program and a proposal to
complete the program and move it to other neighborhoods. A check was presented to the
property owners who were the first recipients of the program. Senior Planner Kara Irwin
provided a heads -up that staff was working on an EAR analysis report, and reviewed the past
process and how it had changed.
COMMENTS FROM THE PUBLIC:
Attorney Karen Roselli, North Palm Beach, explained that she was speaking on behalf of
Tom Baird, who had recently been retained by the Northlake Neighborhood Coalition to
oppose Ordinances 18 and 19, 2005, and Resolutions 83 and 84, 2005, pertaining to Christ
Fellowship church. The coalition was supported by a number of communities within the
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/16/05 2
City, including BallenIsles, PGA CAN, Steeplechase, Cypress Hollow, and in the past,
Horseshoe Acres. Attorney Roselli requested a 30 or 60 -day postponement of Council
consideration of the church's application scheduled for June 23, 2005, explaining that Mr.
Baird was in the process of preparing a presentation for Council and evidence against the
church's request, and would be out of town on the 23rd. Also, many of the residents were not
aware of this project. Mayor Russo announced the following people were also present to
request postponement: Nanette Michaud, Carl Steele, Diane Jenkins, Joan Altwater, Frances
Hansen, Keith Paulus. Joan Altwater, member of the coalition and resident of Cypress
Hollow, commented tonight was the first time she had heard anything from the church
regarding this application. Greg Kino, Boose Casey Ciklin, reported Mr. Ciklin had a
conflict and could not be here, but his firm, who represented Christ Fellowship church,
indicated they were against postponement. Donaldson Hearing, representing Christ
Fellowship, requested the application not be postponed. Discussion ensued. Carl Steele,
representing the coalition, commented they had been trying to find an attorney but could not
do so until last week, and the delay was beyond their control. The City Attorney provided an
opinion that going ahead would not deny anyone's rights. Additional cost would be incurred
if postponement took place. Keith Paulus, Hunt Club Lane, requested postponement. Nanette
Michaud, Cypress Hollow, requested postponement. Consensus of City Council was to
postpone first reading of the Christ Fellowship church application, with the date to be
announced.
Carolyn Chaplik, Hudson Bay Drive, reported she attended the Tech Village meeting on
June 9, and expressed concern regarding some items in their proposal. Eileen Tucker, Shady
Lakes, requested the traffic lights be coordinated on PGA Boulevard, and asked the City
Council to contact traffic control regarding lights. Ms. Tucker commented on the danger at
the intersection of Ellison Wilson and PGA Boulevard, and requested the bridges not go up
during rush hour and not to have tall buildings go up at that corner. Vito DeFrancesco, Shady
Lakes, reported he had asked for a Special Master hearing for four months regarding the
Borland project and requested it again; commented residents had not been consulted
regarding the Briger site; and provided a history of Kyoto Drive, stating he had provided the
true facts, which were not as represented by the City Attorney. The City Attorney explained
there was a time limit for requesting a Special Master hearing, and a copy of her memo
would be provided to Mr. DeFrancesco. Mr. DeFrancesco advised he was requesting the
hearing for extension of concurrency, and he had done it in writing within 30 days. Mayor
Russo advised this issue would be explored at the next meeting or at the end of this meeting.
CONSENT AGENDA: Vice Mayor Jablin made a motion to approve the consent agenda as
submitted. Councilmember Valeche seconded the motion, which carried by unanimous 5 -0
vote. Therefore, the following items were approved on the consent agenda:
a. Approve Minutes from the May 5, 2005 regular City Council meeting.
b. Approve Minutes from the May 19, 2005 regular City Council meeting.
C. Resolution 73, 2005 — Traffic Control Agreement with Mirasol Homeowners
Association. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving an Agreement for traffic control jurisdiction between the City of
Palm Beach Gardens and the Mirabella at Mirasol Homeowners Association Inc.;
and providing an effective date.
d. Resolution 82, 2005 - Agreement between the City of Palm Beach Gardens and the
Florida Department of Transportation. A Resolution of the City Council of the City
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/16/05 3
of Palm Beach Gardens, Florida approving the Maintenance Memorandum of
Agreement with the Florida Department of Transportation for State Road 9 (I -95) at
the Northlake Boulevard Interchange; and providing an effective date.
PUBLIC HEARINGS:
Part I — Non - Quasi - judicial
Ordinance 8, 2005 — Comprehensive Plan Capital Improvements Element Amendment. (2nd
reading and adoption). An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida amending the Capital Improvements Element of the City of Palm Beach Gardens
Comprehensive Plan to include projects which are necessary for the City to continue to meet
its adopted level -of- service standards; and providing an effective date. The City Clerk
announced everyone who wished to speak on any of tonight's ordinances regarding the
comprehensive plan elements must sign the form provided for transmittal to DCA. The City
Clerk read Ordinance 8, 2005 by title only on second reading. Mayor Russo declared a 5-
minute recess for residents to fill out the form. Following the recess, the meeting
reconvened. Senior Planner Kara Irwin presented the amendment. Mayor Russo declared the
public hearing open, held on the intent of Ordinance 8, 2005. Brian Seymour, Gunster
Yoakley Stuart, spoke on behalf of Charles Vavrus, expressing the opinion that the traffic
study was incomplete. Hearing no further comments from the public, Mayor Russo declared
the public hearing closed. Vice Mayor Jablin made a motion to adopt Ordinance 8, 2005 on
second reading by title only. Councilmember Levy seconded the motion, which carried by
unanimous 5 -0 vote.
Ordinance 9, 2005 — (2nd reading and adoption) Comprehensive Plan Conservation Element
Amendment. (2nd reading and adoption). 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. The City Clerk read
Ordinance 9, 2005 on second reading by title only. Senior Planner Kara Irwin presented the
amendment. Mayor Russo declared the public hearing open, held on the intent of Ordinance
9, 2005. Brian Seymour, Gunster Yoakley Stuart, spoke on behalf of Charles Vavrus,
expressing the opinion that this was a change to the 25% set aside and asked that no change
be made. Richard Orman, PGA Boulevard Corridor Residents, expressed their opinion there
should not be off -site preservation, and objected to the ordinance. Vito DeFrancesco, Shady
Lakes, asked why trees were being bulldozed on the Briger property. Howard Rosenkranz,
25 Princewood, commented he believed the public should see the clarified wording. Kevin
Carpenter, Isabella Drive, commented residents who attended the charrette were against off -
site mitigation, and expressed his opinion that the change made to the ordinance did not fit
with what the residents wanted, and asked the City Council not to move forward with that
language in the ordinance. Richard Orman commented on the Vavrus site the City would
want a lot of control, and this was going in the wrong direction, and if the City did it for
Briger they would have to do it for Vavrus. Hearing no further comments from the public,
Mayor Russo declared the public hearing closed. Ms. Irwin confirmed this ordinance was
really no different than what the City had currently and that no tract would have off -site
mitigation unless approved by City Council, which was what the residents had said at the
charrette. Vice Mayor Jablin made a motion to adopt Ordinance 9, 2005 on second reading
by title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0
vote.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/16/05 4
Ordinance 4, 2005 — Comprehensive Plan Future Land Use Element Text Amendment. (2nd
reading and adoption). 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. The City Clerk read Ordinance 4, 2005 on
second reading by title only. Senior Planner Kara Irwin presented the amendment. Mayor
Russo declared the public hearing open, held on the intent of Ordinance 4, 2005. Vito
DeFrancesco, Shady Lakes, commented this ordinance would change height and lot coverage
requirements under institutional, which he believed would allow Borland to have a higher
building. Adrian Salee, Kelsey Park Drive, commented the ordinance about mitigation was
only saying trees could be destroyed in one place but not in another. He also said that he
agreed with Mr. DeFrancesco that this would increase traffic city -wide. Richard Orman,
representing the coalition, stated the coalition voted to support mixed use but were not happy
with the height, and asked Council to make a policy statement to staff that 4- stories would
never be over 50 feet. Hearing no further comments from the public, Mayor Russo declared
the public hearing closed. Ms. Irwin confirmed the height of stories was at the discretion of
City Council. Following discussion, staff advised changes would be made in the LDR's. The
City Attorney clarified changes made after the first hearing for item (c) and the proposed
change; and a change made at the transmittal hearing to item (f). Vice Mayor Jablin made a
motion to adopt Ordinance 4, 2005 on second reading by title only. Councilmember Levy
seconded the motion, which carried by unanimous 5 -0 vote.
Ordinance 7, 2005 — Comprehensive Plan Future Land Use Map Amendment. (2nd reading
and adoption). 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. The
City Clerk read Ordinance 7, 2005 on second reading by title only. Senior Planner Kara
Irwin presented the amendment. Joe McMahon, the City's traffic consultant, reported his
response to the ORC report. Mayor Russo declared the public hearing open, held on the
intent of Ordinance 7, 2005. Kevin Carpenter, Isabella Drive, expressed concern the City
was moving forward with changes that would be a significant benefit to individual property
owners rather than the City. Mr. Carpenter felt these changes should be made after it was
known what was going on the property. Howard Rosenkranz, Princewood, expressed his
opinion it was a mistake to approve this ordinance. Tom Sosey, Bent Tree, indicated it was
his opinion this was being rushed, and urged it be tabled. Vito DeFrancesco, Shady Lakes,
commented he did not believe the Council was doing the right thing. Brian Seymour,
Gunster Yoakley Stuart, spoke on behalf of Charles Vavrus, stated they agreed with much of
what had been said and it would make sense to see what would be happening on Briger
before this was adopted. Richard Orman, representing the PGA Corridor Residents
Coalition, stated the coalition voted to support this change, and asked for language to limit or
prohibit waivers. Rich McMichael, Woodmill, felt there was a sense of urgency to develop
Briger, and did not understand why there had been so much development in only four years,
and urged an area for children other than the Burns Road site. Joan Elias, Diamondhead
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/16/05 5
Way, commented delay on this issue scared her, and growth had been controlled, and there
was not enough property left to delay. Carol Estrada, Riverside Drive, commented she never
thought the City would grow this fast, but people should educate themselves by coming out
to the meetings. Hearing no further comments from the public, Mayor Russo declared the
public hearing closed. Mayor Russo addressed issues raised, explaining property owners had
the right to develop their properties, to lower densities would have been costly and it might
not have changed the outcome, and years ago a North County Planning Forum was held and
it encouraged mixed use to reduce traffic, that this was to improve life in the City and not to
increase tax dollars, and that starting over had not been the consensus of Council so had not
been done, that legally Borland Center did not have to be allowed four stories, developers
were going to be required to go to the community before coming to the City, and he believed
this was being done for the best interests of everyone. Vice Mayor Jablin made a motion to
adopt Ordinance 7, 2005 on second reading by title only. Councilmember Levy seconded the
motion, which carried by unanimous 5 -0 vote.
Part II — Quasi - judicial - None
RESOLUTIONS:
Resolution 85, 2005 - Emergency Services Agreement for Mutual Assistance, Automatic Aid
and Dispatch between Palm Beach County, the City of Palm Beach Gardens and the Village
of North Palm Beach. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving an Interlocal Agreement for Mutual Assistance, Automatic Aid, and
Dispatch Services by and between Palm Beach County, the City of Palm Beach Gardens, and
the Village of North Palm Beach; authorizing and directing the Mayor and City Clerk to
execute said Agreement on behalf of the City; and providing an effective date. Vice Mayor
Jablin made a motion to adopt Resolution 85, 2005. Councilmember Levy seconded the
motion, which carried by unanimous 5 -0 vote.
ITEMS FOR COUNCIL ACTION /DISCUSSION:
Transit Oriented Development (TOD) within the RCA Center PUD (a.k.a. "Parcel 513") —
Senior Planner Michael Sanchez presented the item, and explained that Treasure Coast
Regional Planning Council had made suggestions to make the entire site transit ready and
compatible with a Tri -Rail station located on a portion of the site. Ms. Kim Delaney,
Treasure Coast Regional Planning Council, gave a brief overview on transit - oriented
developments and how this plan could be modified to make it compatible with a transit
station on the site. Ms. Delaney recommended the City create a TOD district, amend the
LDR's, change the future land use of the property to the TOD district, and allow the Tri -Rail
process to proceed. Ms. Delaney offered to help the City obtain funding. Roger Blangey
commented he believed there was not enough parking so that there would have to be remote
parking, and recommended adding parking to keep the spaces open in front of the station for
riders. Jeff Marshall, Catalfumo, described the parking garages and plans for shared parking.
Councilmember Barnett expressed concern regarding urban mixed -use development in every
parcel of land that came up, and asked the Council to think about where the people would
want to live, and wanted to be sure there was not just a single vision.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/16/05
ADJOURNMENT:
There being no further business to discuss, q, mqtting as ad' urned at 10:56 p.m.
APPROVAL:
M YOk RU S6'
r
VI M "LIN
CO
MEMBER LEVY
T�� 'z . i
COUNCILMEMBER VALECHE
COUNCILM B R BARNETT
ATTEST:
P TRICIA SNID R, CMC
CITY CLERK