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:
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COUNCILMEMBER If RNETT
ATTEST:
PATRICIA SNIDER, C
CITY CLERK