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HomeMy WebLinkAboutMinutes Council 070705CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING July 7, 2005 The July 7, 2005 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:04 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. A moment of silence was observed for the victims of the London terrorist bombing. 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. ANNOUNCEMENTS / PRESENTATIONS: Recognition of Chris Volstad, the Florida Marlins selection in the first round of the amateur player's draft - Mayor Russo announced that Chris Volstad, a star baseball pitcher at Palm Beach Gardens High School, had been recently drafted into the major league baseball draft number 16. Chris had his picture taken with the City Council, and the Mayor announced that a ball signed by Chris would be placed on display at City Hall. Chris and his parents were asked to come forward to be honored. ITEMS OF RESIDENT INTEREST Councilmember Barnett gave a brief synopsis of the June 30 IPARC meeting. Councilmember Barnett commented on a new building and a $5 million loan which were in the proposed budget. She stated that she did not previously know about this. She asked anyone in the City with a financial background to help her go through the budget backup materials provided to her. The City Manager explained the budget process, which was scheduled for adoption in September, and indicated that staff was ready to help each member of the Council with understanding the budget. Budget issues that would need consideration were discussed. Councilmember Levy reported he had attended a meeting at Juno Beach Town Hall held for residents of unincorporated Palm Beach County to talk about the Avatar project, which had been productive. Councilmember Levy had also attended the Loxahatchee River Management Coordinating Council meeting and asked for council's position on a man -made salinity barrier, which he had voted against. Mayor Russo requested staff look into expanding the predator ordinance. Mayor Russo reported he had attended opening day of the bocce ball league. CITY MANAGER REPORT: City Website Presentation — Information Technology Department - Eric Holt, IT Director, introduced Matt Dougherty, who presented the City's new website. Consensus of Council was to have the budget hearings on September 15 and September 29, and to wait to see if a regular council meeting was needed on September 1. Set date for Christ Fellowship Meeting — City Manager Ferris announced staff recommendation that the first reading be July 20. Thomas Baird, representing Northlake Neighborhood Coalition, suggested having a date certain to extend the July 20 meeting since he believed more than one hearing would be needed. Donaldson Hearing stressed the importance of hearing both sides on the same night, and that additional witnesses could be heard at second reading. Mayor Russo disclosed he had met with the coalition and they wanted to wait until school started in August, but he did want to begin the process, and to see what happened July 20 and then see how to proceed. The Mayor expressed hope that CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/7/05 2 everyone would come together and indicated he would like all the issues presented on July 20. Consensus of Council was to begin on July 201h. Mr. Hearing indicated comments from church members would be limited to a certain number of people and would be brief and to the point at the first hearing. COMMENTS FROM THE PUBLIC: Vito DeFrancesco, Shady Lakes, reported he received a letter that Charles Wu had granted a three -year extension for the Borland Center, which he felt had been done improperly. City Attorney Tatum advised that Mr. DeFrancesco had a different opinion, and she and staff felt all extensions granted had been consistent with the ordinances. Mayor Russo advised Mr. DeFrancesco that his information was noted but the Council was accepting the opinion of their attorney and staff. Donna Brosemer, Lexington Green, asked the Council to provide information, not public relations, and to give the public the budget figures, and asked that the Council take the City back. Edward Gelina, Buttercup Circle, representing the Palm Beach Gardens model yacht squadron that sails their models on Lake Catherine, commented they did so with City permission, and he was present because a complaint had been made against them. Mayor Russo advised that Dr. Black had made the complaint, which included noise, large buoys, and swimming in the lake, but was not present to speak, and Mr. Gelina would be contacted if the City decided not to allow this activity. Richard Orman, Oak Street, complimented staff on the new web site, commented as Vice President of the PGA Corridor Residents Coalition they were asking for a very transparent budget process, and asked to be shown where new income was expended. As a Board member of Garden Isles neighborhood, Mr. Orman asked why the Council had not received copies of a petition that had been submitted by the neighborhood residents for Council to receive. Mayor Russo requested items be forwarded to Council more timely. 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 June 2, 2005 regular City Council meeting. b. Resolution 69, 2005 - Approve an agreement with HomeDevco to provide a full -time Building Inspector for the Landmark project. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, authorizing the City Manager to enter into an agreement with HomeDevco Development Corporation, LLC, for the purpose of providing a building inspector for the Landmark Construction project; and providing for an effective date. c. Police Department First Quarter 2005 Summary Report PUBLIC HEARINGS: Part I — Quasi -i udicial - Mayor Russo presented the procedures to be followed in tonight's quasi-judicial hearings. The City Clerk swore in all those intending to testify in any of these cases. Ordinance 14, 2005 — (2nd reading and adoption) Rezoning Parcel 31.02 (Southampton) from PDA to PUD /Residential Medium. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to rezoning; rezoning a parcel of land (Parcel 31.02) consisting of approximately 38.5 acres, located at the Northeast corner of Central Boulevard and PGA Boulevard, as more particularly described herein, from a Planned Development Area (PDA) to a Planned Unit Development (PUD) overlay with an underlying zoning designation of Residential Medium (RM) to be known as the "Southampton PUD "; and CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/7/05 3 providing an effective date. Resolution 48, 2005, a companion item to Ordinance 14, 2005: Resolution 48, 2005 - Approving the Southampton PUD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Master Development Plan for the approximately 38.5 -acre parcel (Parcel 31.02), to be known as the "Southampton PUD," located at the Northeast corner of Central Boulevard and PGA Boulevard, as more particularly described herein, to allow the construction of 245 townhouse units; providing for waivers; providing for conditions of approval; and providing an effective date. The City Clerk read Ordinance 14, 2005 and Resolution 48, 2005 by title only. Mayor Russo declared the public hearing open. Each member of the City Council reported they had had no ex -parte communication on this matter. Attorney Ellie Halpbem, on behalf of Town and Country, announced there would be a power point presentation and testimony by a noise expert. Troy Holloway provided a presentation on behalf of the petitioner. Ron Huggins, ERS Corporation, testified as a noise expert. Staff advised of the additional conditions of approval. Richard Orman, representing the PGA Corridor Residents Coalition, advised that the coalition was in support of this application and the walkways to be provided. Councilmember Barnett expressed her opposition to waivers for 3 -story buildings and 24- foot alleys. Vice Mayor Jablin moved that Ordinance 14, 2005 be placed on second reading and adopted. Councilmember Levy seconded the motion, which carried by 4 -1 vote, with Councilmember Barnett opposed. Vice Mayor Jablin moved approval of Resolution 48, 2005. Councilmember Levy seconded the motion, which carried by 4 -1 vote, with Councilmember Barnett opposed. Ordinance 16, 2005 — (2nd reading and adoption) 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 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. Resolution 72, 2005, companion item to Ordinance 16, 2005: 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. The City Clerk read Ordinance 16, 2005 and Resolution 72, 2005 by title only. Mayor Russo declared the public hearing open. Each Councilmember reported no ex- parte communication. Anne Booth, Urban Design Studio, representing the applicant, and staff each indicated no changes since the last presentation. Staff recommended approval. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin moved Ordinance 16, 2005 be placed on second reading by title only and adopted. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Vice Mayor Jablin moved approval of Resolution 72, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 75, 2005 — Mirasol PCD - Parcel 15. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a site plan for Parcel 15 of the Mirasol Planned Community Development (PCD) to allow the construction of 41 single- family, zero lot line CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/7/05 4 homes on an approximately 9.66 -acre parcel; providing for conditions of approval; providing for waivers; and providing an effective date. The City Clerk read Resolution 75, 2005 by title only. Mayor Russo declared the public hearing open. Each Councilmember reported no ex- parte communication. Anne Booth, Urban Design Studio, spoke on behalf of the applicant. Staff answered questions and recommended approval. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin moved for approval of Resolution 75, 2005. Councilmember Valeche seconded the motion, which carried by unanimous 5 -0 vote. Resolution 76, 2005 — Mirasol PCD - Parcel 16. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a site plan for Parcel 16 of the Mirasol Planned Community Development (PCD) to allow the construction of 78 single- family, zero lot line homes on an approximately 21.53 -acre parcel; providing for conditions of approval; providing for waivers; and providing an effective date. The City Clerk read Resolution 76, 2005. Mayor Russo declared the public hearing open. Each Councilmember reported no ex- parte communication. Mayor Russo announced that all previous comments pertaining to Resolution 76, 2005 would be incorporated into this public hearing. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin moved approval of Resolution 76, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 77, 2005 — Mirasol PCD - Parcel 21. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a site plan for Parcel 21 of the Mirasol Planned Community Development (PCD) to allow the construction of 29 single- family, zero lot line homes on an approximately 6.93 -acre parcel; providing for conditions of approval; providing for waivers; and providing an effective date. The City Clerk read Resolution 77, 2005. Mayor Russo declared the public hearing open. Each Councilmember reported no ex -parte communication. Mayor Russo announced that all previous comments pertaining to Resolution 75 and relating to Resolution 77, 2005 would be incorporated into this public hearing. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin moved approval of Resolution 77, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 78, 2005 — Mirasol PCD - Parcel 22. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a site plan for Parcel 22 of the Mirasol Planned Community Development (PCD) to allow the construction of 29 single - family, zero lot line homes on an approximately 7.96 -acre parcel; providing for conditions of approval; providing for waivers; and providing an effective date. The City Clerk read Resolution 78, 2005. Mayor Russo declared the public hearing open. Each Councilmember reported no ex -parte communication. Mayor Russo announced that all previous comments pertaining to Resolution 78, 2005 would be incorporated into this public hearing. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin moved approval of Resolution 78, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 86 2005 - Approval of the Mirasol Town Square Master Sig_nage Pro ram. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the master signage program for Mirasol Town Square, which is located within the Mirasol Planned Community Development (PCD), as described more particularly herein; providing for waivers; and providing an effective date. The City Clerk read Resolution 86, 2005. CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/7/05 5 Mayor Russo declared the public hearing open. Each Councilmember reported no ex -parte communication. Donaldson Hearing spoke on behalf of the applicant. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin moved approval of Resolution 86, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 87, 2005 - Approval to allow off -site mitigation for the Gardens Station Planned Unit Development A Resolution of the City Council of the City of Palm Beach Gardens, Florida accepting a conservation easement from Palm Beach Acquisitions LLC, a Florida Limited Liability Company, for a 1.62 -acre site located off the Beeline Highway, opposite the North County Regional Airport, as more particularly described herein, as an off -site upland preserve for the Gardens Station Planned Unit Development; providing for conditions; and providing an effective date. The City Clerk read Resolution 86, 2005. Mayor Russo declared the public hearing open. The following ex -parte communication was reported: Councilmember Levy stated he spoke to Don Hearing on this issue. Vice Mayor Jablin stated he spoke to John Gary on this issue. Mayor Russo stated he had spoken to Don Hearing and John Gary, basically answering their phone calls. Donaldson Hearing spoke on behalf of the applicant. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin moved approval of Resolution 87, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 20, 2005 — (Is` reading) Seasons 52 Restaurant. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, rezoning an approximately 2.93 -acre parcel of land from Planned Unit Development (PUD) Overlay / Professional Office (PO) to Planned Unit Development (PUD) Overlay / General Commercial (CG -1); amending Ordinance 11, 1995, Ordinance 37, 1997, Ordinance 19, 1998, and Ordinance 21, 2000 relating to the existing Planned Unit Development (PUD) formerly known as the Bridge Center PUD and the Hibiscus Restaurant PUD; transferring the site plan approval and related conditions to Resolution 88, 2005; and providing an effective date. Resolution 88, 2005, a companion item to Ordinance 20, 2005, will require Council action on second reading: Resolution 88, 2005 - Seasons 52 Restaurant. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Planned Unit Development (PUD) formerly known as the Hibiscus Restaurant and the Bridge Center PUD located at the Northwest corner of PGA Boulevard and Ellison Wilson Road to allow minor site plan and architectural modifications to the existing 18,170- square -foot building to include an 11,850- square -foot restaurant with a 2,890- square -foot outdoor dining area with service, a 6,320- square -foot Art Gallery, and wall and monument signage, as more particularly described herein; providing for waivers; providing for conditions of approval; and providing an effective date. The City Clerk read Ordinance 20, 2005 on first reading by title only. Mayor Russo declared the public hearing open. Each Councilmember reported no ex -parte communication. The applicant provided a presentation. Richard Arnold, the adjacent neighbor, requested help in protecting his and his neighbors' properties. Charles Wu advised there were conditions of approval which would offer protection. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin moved to place Ordinance 20, 2005 on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 89, 2005 - Approval of the proposed Art in Public Places for Legacy Place. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/7/05 6 in Public Places for the commercial portion of the Legacy Place Planned Community Development (PCD) located on the Southeast corner of the intersection of PGA Boulevard and Victoria Gardens Avenue, as more particularly described herein; providing for conditions of approval; and providing an effective date. The City Clerk read Resolution 89, 2005 by title. Mayor Russo declared the public hearing open. In reporting ex -parte communication, Mayor Russo, Councilmember Levy, and Councilmember Barnett all indicated they attended a groundbreaking and saw a video. Vice Mayor Jablin reported he had spoken to Marty Minor. Dodi Glas with Urban Design Studio was present to answer questions. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin moved approval of Resolution 89, 2005. Councilmember Levy seconded the motion, which carried by unanimous 4 -0 vote. RESOLUTIONS: Resolution 94, 2005 - Amendment to Condition 1 of the development order of the Gables Parcel "A" Site Plan. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving amendments to Resolution 207, 2002, the development order for "Parcel A — Single - Family" within the Gables Planned Community District (PCD) located on the West side of the Ronald Reagan Turnpike, South of Northlake Boulevard, and North of the Beeline Highway, as more particularly described herein; providing for an amended condition of approval; and providing an effective date. Marty Minor with Urban Design Studios presented the project on behalf of the petitioner. Vice Mayor Jablin moved approval of Resolution 94, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 98, 2005 - Awarding a contract to Staffing Connection/Action Labor for School Crossing Guard Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a contract to Staffing Connection/Action Labor for School Crossing Guard Services; authorizing the City Manager to approve future contract renewals; and providing an effective date. Vice Mayor Jablin moved approval of Resolution 98, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. ORDINANCES: Ordinance 21, 2005 — (1" reading) - Approval of a five -year renewal to an agreement with Waste Management, Inc. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida extending the Solid Waste, Recycling, and Vegetative Waste Collection Services Franchise by approving a five -year renewal to the agreement with Waste Management, Inc.; authorizing the Mayor and City Clerk to execute said agreement; and providing an effective date. The City Clerk read Ordinance 21, 2005 on first reading by title only. Mike Morrow introduced the staff team and consultants who had worked on this project. A staff presentation was provided and discussion took place regarding whether this should go out for bid, and the City Attorney explained that Council had directed staff to negotiate the best contract with the current provider. Vice Mayor Jablin moved to place Ordinance 21, 2005 on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Vice Mayor Jablin asked if anything was going to be done regarding a charter review. The City Attorney advised she had sent a memo regarding when the process should be started, and would send it out again. The City Manager recommended discussing this issue at the next Manager Council Workshop. CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/7/05 7 City Attorney advised she had sent a memo regarding when the process should be started, and would send it out again. The City Manager recommended discussing this issue at the next Manager Council Workshop. ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 10:22 p.m. APPROVAL: MAYOR RUSSO VICE MAYOR 3ABL COUN7 EMBERS LEVY COUVCILMEMBER VALECHE COUNCILNfKMr BARNETT ATTEST: PATRICIA SNIDER, CMC CITY CLERK