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HomeMy WebLinkAboutMinutes Council 081805CITY OF PALM BEACH GARDENS CITY COUNCIL WORKSHOP AND REGULAR MEETING August 18, 2005 The August 18, 2005 Workshop and Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:10 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. WORKSHOP PUBLIC HEARINGS: Part I — Quasi - judicial Ordinance 18, 2005 — Approval of an amendment to the Christ Fellowship North Campus Planned Unit Development (PUD). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning a parcel of land consisting of approximately 20 acres, located on the North side of Northlake Boulevard approximately one mile West of Military Trail, as more particularly described herein, from Residential Low Density -3 (RL3) to a Planned Unit Development (PUD) overlay with an underlying zoning designation of Residential Low Density -3 (RL3), to be included in the Christ Fellowship North Campus Planned Unit Development (PUD); amending Ordinance 20, 1997 and Ordinance 23, 1999 relating to the zoning for the Christ Fellowship North Campus Planned Unit Development (PUD) to transfer the site plan approval and related conditions to Resolution 83, 2005; amending the zoning district map; and providing an effective date. [Resolution 83, 2005 is a companion item to Ordinance 18, 2005 and will require Council action on second reading] Resolution 83, 2005 - Approval of a master development plan for the Christ Fellowship North Campus PUD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Christ Fellowship North campus Planned Unit Development (PUD), located on the North side of Northlake Boulevard approximately one mile West of Military Trail, as more particularly described herein, to incorporate an additional 20 acres and to allow the development of a 159,180- square -foot expansion to the North Campus; granting conditional use approval for the expanded Christ Fellowship Campus; amending certain conditions of approval for the North Campus; providing for waivers; providing for conditions of approval; and providing an effective date. AND Ordinance 19, 2005 — Approval of an amendment to the Conditional Use approval for the Christ Fellowship_ South Campus. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 30, 1990, Ordinance 34, 1999, and Ordinance 51, 1999 relating to the zoning for the Christ Fellowship South Campus to transfer the conditional use approval and related conditions to Resolution 84, 2005; and providing an effective date. [Resolution 84, 2005 is a companion item to Ordinance 19, 2005 and will require Council action on second reading ]Resolution 84, 2005 - Approval of an amendment to the Site Plan approval for the Christ Fellowship South Campus. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Christ Fellowship South Campus conditional use and site plan approval, located on the South side of Northlake Boulevard approximately one mile West of Military Trail, as more CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/18/05 2 particularly described herein, to allow for the deletion of a condition of approval; and providing an effective date. City Attorney, Christine Tatum advised if the Council took public comments they should hear everyone who wished to speak. Consensus was to request only new and relevant comments. Attorney Tatum advised the tape of this meeting could be entered into the record. Attorney Tom Baird, on behalf of Northlake Neighborhood Coalition, Inc., noted that their planner, Mr. Park, was present, but if his comments were not going to be taken as sworn testimony for the record it would be more appropriate for him to make his comments at the public hearing for second reading. Alan Ciklin, representing Christ Fellowship Church, agreed with the process. 8:30 p.m. was set as the limit for comments. Senior Planner Mike Sanchez reported the existing development order had conditions that prohibited use of the other buildings on site from being used as overflow for sermons conducted in the sanctuary and had been modified to include all the new buildings in the proposed expansion. Concerns were expressed that everyone might leave at one time, or that the south side might leave at the same time as the north side, adversely impacting traffic on Northlake Boulevard; and also noise that would be heard, especially late at night, by nearby residents, and proper buffering for those neighborhoods; and if the new facilities became a lifestyle facility which would attract many more people. A request was made for a 6th turn lane, and a traffic report after the facility was built and in use. It was noted that Scripps was not taken into account when the original sanctuary was built. Other concerns were that people might hang around after events, the definition of a special event, and the intended uses. Following ensuing discussion, consensus was to hold second reading and public hearing at the first meeting in October, on October 6, 2005. Consensus was not to take public comments tonight. ADDITIONS, DELETIONS, MODIFICATIONS: Proposed additions were under Resolutions, new item (b) Revised Waste Management Contract and new item (c) Creating a Charter Committee; proposed deletion under Part 2 Non -Quasi Judicial: Item (a) Ordinance 21, 2005 - Approval of a 5 -year renewal to an agreement with Waste Management. Vice Mayor Jablin moved approval of the additions and deletions. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. ITEMS OF RESIDENT INTEREST: Councilmember Barnett applauded the Jupiter Town Council's recent stand against further new urbanism development at this time, as had been used in development of Abacoa. Mr. Wu was requested to contact Jupiter and report what they were actually saying. Councilmember Levy reported he had met with Commissioner Marcus and Avatar about the Frenchmans' Marina Yacht Club, and reported there would be four buildings with 113 units; two would be five stories (four residential and one parking), two would be four stories (three residential and one parking), plus retail space to serve the yacht club and a gas dispensing facility, and a height waiver would be needed. Councilmember Levy reported residents of the unincorporated area had expressed concern regarding building height, and Commissioner Marcus spoke about the possibility of reducing the number of stories. This project would be presented at the PZA meeting on Tuesday. The Recreation Advisory Board met with the County regarding the District Park, and this would be the subject of a workshop at the Recreation Advisory Board meeting in September. Vice Mayor Jablin reported he had been given a signed chess board by Joel Channing following the recent chess event, which he presented to the City. The Vice Mayor thanked the Shriners, who held their Southeast Convention here last week, including a terrific parade in which he and Councilmember Levy CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/18/05 3 participated. Mayor Russo reported the International Human Rights Protection Agency had held a convention here in PGA National, and he had attended the ceremony. Mayor Russo reported he had distributed copies of a letter from former Fire Chief Arenson, which could be discussed at the next meeting. Mayor Russo asked that the resolution asking for FEMA reimbursement for gated communities be sent to other cities to ask them to adopt it also. Mayor Russo thanked everyone for the budget workshop which he thought had been a good meeting. COMMENTS FROM THE PUBLIC: Robert Davis, BallenIsles, favored underground utilities along Northlake Boulevard and PGA Boulevard, and expressed his opinion the City should request that of big developers. Mr. Davis recommended barriers so that kids could not get into the Hunt Club from Christ Fellowship Church; and that waivers should only be given for a reason. Donna Brosemer expressed her opinion that savings should be the goal in the budget, and asked that the residents and the two new members of the Council be taken seriously. Mayor Russo advised the City Manager had been given direction to come back with different options at the first public hearing. Ms. Brosemer responded that from a resident's standpoint, the procedure had not allowed the public to participate in anything except the formal hearings, and the money needed to be saved now, for the future. Don Hearing, on behalf of Northern Palm Beach County Improvement District, advised they had no objection to the PGA Buildout Extension, and requested a resolution acknowledging that lot 4 on their property was approved for professional office and governmental services and that the underlying zoning was M IA. Joe Martin, Square Lake Drive, expressed concern about current traffic on Northlake Boulevard, and described hazards created by u -turns coming out of the Hess station and by the speed limit not being reduced coming up to Military Trail, so that residents could not get out from North Bates Road. Mr. Martin noted small things had a tremendous effect on traffic, and the apron for entrance and exit at the Hess station was not large enough. Mr. Martin was advised to talk with Commissioner Marcus and Police Chief Stepp. CITY MANAGER REPORT: Department Presentation: Information Technology — Eden Systems Software - City Manager Ferris announced tonight's department presentation, provided by Eric Holdt, Information Technology Administrator. Mr. Holdt described the software used for information gathering, and the history of getting departments on line. Land management and code enforcement tracking pieces had recently been added. Mr. Holdt described how the permitting process had been streamlined. New features to be added to the website were reviewed. Presentation by Growth Management Administrator Charles Wu regarding the City Links Partnership Program in Nagapattinam, India and post- tsunami reconstruction — Mr. Wu reported that ICMA and USAID had fully funded this trip, and the goal was to improve the quality of local governments and strengthen democracy through international and municipal partnership, by having U. S. local municipal officials talk to local municipal officials of developing countries to raise awareness and hopefully come up with creative solutions to local problems. Mr. Wu reported that City Manager Ferris had participated in this program several years ago. Mr. Wu described the situation which now existed where the tsunami had hit. Infrastructure deficiencies had been discovered, which prevented proper drainage. There were no functioning sewer systems, and drinking water was delivered by truck. Conditions in the temporary relief camps were described. Rebuilding efforts were underway, and ideas had CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/18/05 4 been shared regarding services and improvements. The Indian representatives would be coming to visit in the United States. CONSENT AGENDA: Vice Mayor Jablin moved approval of the consent agenda. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. The following items were approved on the consent agenda: a. Approve Minutes from the July 20, 2005 special City Council meeting. b. Approve Minutes from the July 21, 2005 regular City Council meeting. C. Resolution 109, 2005 - Approve an Interlocal Agreement with Solid Waste Authority of Palm Beach County. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Interlocal Agreement with Solid Waste Authority of Palm Beach County to establish responsibilities related to disaster debris; and providing an effective date. d. Resolution 111, 2005 — Establishing a Policy providing for Disaster Recovery Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida establishing a policy authorizing the City Manager to provide for disaster recovery services and debris removal for all residents of the City of Palm Beach Gardens, including those within gated and /or private communities within the city limits; and providing an effective date. e. Resolution 112, 2005 — Urging passage of the "Disaster Recover Act of 2005" A Resolution of the City Council of the City of Palm Beach Gardens, Florida supporting efforts of the Florida Congressional Delegation to ensure reimbursement from the 2004 hurricanes; urging passage of the "Disaster Recovery Act of 2005" to improve disaster recovery efforts of the Federal Emergency Management Agency by expediting reimbursements, authorizing reimbursement for clearing and debris removal on all emergency access roads, and making debris removal from private land eligible for federal assistance; and providing an effective date. f. Proclamation — Florida Water, Wastewater, and Systems Operators Week. PUBLIC HEARINGS: Part I — Quasi - judicial - Mayor Russo described quasi - judicial procedures to be followed and the City Clerk swore in all those intending to testify in tonight's cases. Resolution 107 2005 - Agreement between the City, PGA National DRI master developer, and DCA. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an essentially built -out agreement between the City of Palm Beach Gardens, PGA National Venture, LLLP, and the Florida Department of Community Affairs for the PGA National Development of Regional Impact; and providing an effective date. The City Clerk read Resolution 107, 2005 by title only. The following ex -parte communication was reported: Vice Mayor Jablin had spoken with Lloyd Ecclestone and John Gary. Dodi Glas spoke on behalf of the petitioner, and reported DCA had agreed to the agreement. Mayor Russo declared the public hearing open, held on the intent of Resolution 107, 2005. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin moved approval of Resolution 107, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 28 2005 — (I" reading) Amendment to the William T. Dwyer High School Planned Unit Development. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 10, 1989 relating to the zoning of the William T. Dwyer High School Planned Unit Development (PUD), located on the West side of Military CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/18/05 5 Trail. Approximately one quarter (1/4) mile South of Donald Ross Road, as more particularly described herein, to transfer the site plan approval and related conditions to Resolution 110, 2005; and providing an effective date. [Resolution 110, 2005 is a companion item to Ordinance 28, 2005 and will require Council action on second reading.] Resolution 110, 2005 - Amendment to the William T. Dwyer High School Planned Unit Development. A Resolution of the City Council of the City of' Palm Beach Gardens, Florida amending the William T. Dwyer High School Planned Unit Development (PUD), located on the West side of Military Trail. Approximately one quarter (1/4) mile South of Donald Ross Road, as more particularly described herein, to allow the construction of a 49,138- square -foot, two -story building within the existing High School campus; granting conditional use approval for the entire campus; providing for conditions of approval; and providing an effective date. The City Clerk read Ordinance 28, 2005 on first reading by title only. No ex -parte communication was reported; however, Councilmember Levy stated he had a child in Dwyer High School. Mayor Russo declared the public hearing open. Tanya Deal, Palm Beach County School District Planning Department, spoke on behalf of the petitioner. Senior Planner Michael Sanchez reported staff had no issues. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Levy moved adoption of Ordinance 28, 2005 on first reading by title only. Councilmember Valeche seconded the motion which carried by unanimous 5 -0 vote. Part I1— Non - Quasi - judicial Ordinance 21, 2005 — (2nd reading and adoption) 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. This item had been deleted from the agenda. RESOLUTIONS: Resolution 116, 2005 - Amended Northlake Task Force Interlocal Agreement To Extend to 2010. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amended and restated Interlocal Agreement between the Village of North Palm Beach, Palm Beach County, and the City of Palm beach Gardens; and providing an effective date. Growth Management Administrator Charles Wu presented the amendment. Lake Park would be formally requested to come back into the task force. Vice Mayor Jablin moved approval of Resolution 116, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 129, 2005 — Revised Waste Management Contract. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an extension to the contract with Waste Management, Inc. for Solid Waste, Recycling, and Vegetative Waste Collection; authorizing the Mayor and the City Clerk to execute said amendment; and providing an effective date. Community Services Administrator Jack Downey introduced Jeff Sabin of Waste Management. Vice Mayor Jablin advised that what had happened with Waste Management was no reflection on Mr. Sabin. Mr. Sabin conveyed that the decision to withdraw the proposal was a corporate decision, and apologized to staff and City Council for the decision. Mayor Russo reported he had spoken with Mr. Sabin that afternoon and commented that the company decision was unfortunate. The City Manager recommended that the City Council request nine months or a year extension in lieu of the six months CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/18/05 6 offered by Waste Management, for the advertising and bid process to take place. Vice Mayor Jablin moved approval of the City Manager's recommendation. Councilmember Levy seconded the motion. During discussion of the motion, Councilmembers expressed their opinion that they had negotiated in good faith and Waste Management should honor the request for a year. Motion and second were withdrawn. Mr. Sabin was asked how soon corporate would let the City know if they would honor a year extension, to which he responded he would get that answer. The City Attorney proposed additional language: that the City Manager is authorized to further negotiate and execute an extension of this agreement for up to an additional six months upon agreement with Waste Management. Vice Mayor Jablin moved approval of Resolution 129, 2005 with the provisions just read into the record by the City Attorney. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 124, 2005 — Creating a Charter Review Committee - A Resolution of the City Council of the City of Palm Beach Gardens, Florida creating the 2005 Charter Review Committee; providing a Purpose, Powers and Duties, Membership, and Meetings; and providing an effective date. City Attorney Tatum presented the proposed resolution and recommended establishing target deadlines for a preliminary report and for a final report, which could be extended by resolution of City Council. Vice Mayor Jablin moved approval of Resolution 124, 2005 with the dates to be filled in as follows: April 1, 2006 on line 8, July 1, 2006 on line 10, and 12 times per year on line 35. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. ITEMS FOR COUNCIL ACTION/DISCUSSION: Discussion of the letter sent to Councilman Valeche by the Winchester Courts Home Owner's Association Road Committee dated August 2, 2005. The letter lists the consensus of opinion developed by the Road Committee as to the improvements they would like the City to make to Kyoto Gardens Drive. City Engineer Dan Clark reviewed the preliminary design prices for the various improvements, which had been received that afternoon from Catalfumo. City Engineer Clark indicated there had not been time to verify these costs, and some appeared to be high. Members of the Road Committee spoke. Judd Laird reported the Audubon Society hoped the bird nesting and roosting areas would not be destroyed. If the road were moved 100 feet it would save a lot of money, because dense vegetation could exist. Don Gibson reported he believed a lot of the costs could be changed, by such measures as reducing the size of the trees, the number of fountains, one -phase power instead of three - phase power, etc. Councilmember Levy recommended running three blank conduits under the road before it was built so that power could be run under the road later. Gordon Douglas stressed the importance of keeping negotiations open between Winchester Courts residents and City Council, so that the residents could keep as much peace and quiet enjoyment of the lake as possible. City Engineer Clark advised that relocation of the road was not possible with the design constraints. Smaller trees would significantly reduce the cost, but the proposed architectural enhancements would keep the cost up. City Manager Ferris asked if a fair budget amount could be set, allowing staff and the residents to work together until the amount of the budget was reached. A total mitigation budget of $500,000 was suggested as a fair number. Gordon Douglas commented, so long as it did not include the wall. Mayor Russo advised it was $500,000 for everything and the City would try to get Mr. Catalfumo to contribute. City Attorney Tatum advised the money could be appropriated as part of the 3`d quarterly budget amendment, for which second reading would be September 15. Staff and CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/18/05 7 the residents were asked to work together so that money could go to mitigation rather than paying damages. The City Engineer noted a commitment had been made to put the wall in first. ADJOURNMENT: There being no further business to discuss, the/meeting was adjoufned at 10:35 p.m. APPROVAL: CriV..�/ST W.,% o] �V COUNCILMEMBER If RNETT ATTEST: PATRICIA SNIDER, C CITY CLERK