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HomeMy WebLinkAboutMinutes Council 100605CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING October 6, 2005 The October 6, 2005 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:02 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 and a moment of silence for Former Mayor Dick Feeny, who had passed away. 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. ITEMS OF RESIDENT INTEREST: Councilmember Levy advised at the last meeting he had commented he would like to see the City participate more with the schools, and suggested appointing a staff or City Council liaison to attend monthly SAC meetings, to have a mentoring program in which the City could participate, and set up a volunteer program for high school students to get hours at the City. Councilmember Levy announced the Dwyer Panthers beat the Gardens Gators 20 to 16 the previous evening, and his son played for the Dwyer Panthers. Councilmember Valeche brought to attention traffic lights on PGA Boulevard east of the bridge and Military Trail that were out of sync. City Engineer Dan Clark reported the signals on PGA around the flyover would be adjusted when released by the contractor; however, there was a lawsuit which might cause delay; the signals east of the bridge were changed for that construction, and would be re- adjusted. Vice Mayor Jablin reported he received a call from Julie Rubins, Len Rubins' wife, and he had spoken to her and others about a mentoring program with the schools. Vice Mayor Jablin reported the previous evening the Fire Department had done a demonstration at Bent Tree, and thanked those who participated. Mayor Russo wished the Jewish community a happy and good new year. Mayor Russo announced each individual must call Adelphia if they had lost cable service, to get their credit. Residents in communities with Homeowner Associations should advise their Association so the Association could get the credit if they received the bill. The outages were not the fault of Adelphia, but were the result of a fire on a pole which burned through all the fiber optics. Mayor Russo reported he had been interviewed by Channel 25, who was hosting the Town Hall meeting on October 19, and hopefully Channel 25 could get the word out so that more residents would be involved. Mayor Russo reported a baseball player in the major leagues originally from this City wanted to host a baseball camp for kids over the Christmas holiday, and thanked those who were participating in putting this together. Mayor Russo reported after meeting with the City Manager he was suggesting adding $500,000 to $750,000 or more to be allocated to reserves. FEMA was going to come to meet with the City to discuss reimbursement for private community debris removal. CITY MANAGER REPORT: Service Delivered Enhancements through Cross training — The City Manager reported the staff presenter had become ill that day and was unable to come to the meeting, so this would be presented at a later meeting. Light at Garden Lakes — City Engineer Dan Clark reported he met with Channing Corp, and attempted to meet with RAM Development, and they had 30 days to come up with their bond. Mr. Clark reported on the time estimated to complete the process for the lights. CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/6/05 2 COMMENTS FROM THE PUBLIC Tim Frohling, 152 Euphrates Circle, asked that when the City met with FEMA if they would discuss the issue of private neighborhoods that had paid themselves, due to misinformation from FEMA, and offered help for the baseball camp from the PBGYYA. CONSENT AGENDA: Vice Mayor Jablin moved approval of the consent agenda. Councilmember Levy 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 September 15, 2005 regular City Council meeting. b. Resolution 151, 2005 — Authorize expenditures from Art Impact Fees. A Resolution of the City Council of the City of Palm Beach Gardens, Florida allocating Art Impact Fees for a lighting system in the City Hall lobby, a lighting system for Costas Varotsos' "Contiguous Currents" sculpture, Change Order No. 1 for the PGA Boulevard City shields, and Change Order No. 1 for the PGA Boulevard tower sculptures; and providing an effective date. C. Quarter Financial Report for the period ended June 30, 2005. 0 PUBLIC HEARINGS: Part I — Quasi - judicial - Mayor Russo described the quasi-judicial cases and the procedures to be followed in tonight's quasi-judicial proceedings. The City Clerk swore in all those who planned to testify. City Attorney Tatum recommended holding the public hearing for all four cases at the same time. There were no objections. The City Clerk read each of the four petitions by title: Ordinance 18, 2005; Resolution 83, 2005; Ordinance 19, 2005; and Resolution 84, 2005. Ordinance 18, 2005 - (2nd Reading and adoption) pproval 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.] 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 0 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. CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/6/05 3 Ordinance 19, 2005 – (2nd Reading and adoption) 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 w Ordinance 19, 2005 and will require Council action.] 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 particularly described herein, to amend certain conditions of approval; and providing an effective date. The following ex -parte communications were reported: Councilmember Barnett reported conversations regarding the type of development and structure size of the expansion with Doug Rudy, Joan Altwater, Tom Baird, and Jeff Rumbaugh. Councilmember Levy confirmed with the applicant that the code enforcement violation had been satisfied. Councilmember Levy reported conversations with Doug Rudy, Don Hearing, Joe Pollock, Keith Paulus, Don Paulus, Skyler Metlis, Tom Mullins, Joan Altwater, Jennifer Sorentrue, and Pam Sitrel regarding the nature of the project and the right turn lane on westbound Northlake going onto Military. The City Manager noted it would be prudent to put conversations with reporters on the record, and that all a -mails received were a part of the City's record. Councilmember Valeche reported receiving a -mails from practically everybody, specifically, Joan Altwater, Tom Baird, Doug Rhudy, Pastor Mullins, Don Hearing, Jeff Rumbaugh. Vice Mayor Jablin reported receiving e -mails from everybody, and reported he had spoken to Doug Rhudy, Joan Altwater, Keith Paulus, Skyler Metlis, Don Hearing and two reporters— Hometown and Palm Beach Post. Mayor Russo reported ex -parte conversations with the reporters— Hometown and Palm Beach Post, with Jeff Rumbaugh, Pastor Mullins, Skyler Metlis, Doug Rhudy, and had received e -mails which were a part of the record of the City. Donaldson Hearing provided a presentation on behalf of the applicant and answered questions from the Council. Simultaneous services were defined; the City Engineer discussed traffic. Attorney Tom Baird representing Northlake " Neighborhood Coalition introduced others who spoke on behalf of the Coalition: Keith Paulus, Hunt Club Lane, who spoke against the expansion which he commented would be to the detriment of its non - member neighbors, and Jim Park, who made a presentation questioning the compatibility of the expansion. Attorney Baird noted the Northlake Neighborhood Coalition had attempted to negotiate a resolution of the issues in good faith, and advised that the agreement with the Hunt Club did not include traffic. Attorney Baird made a presentation, concluding that his position had not changed since July 20 that the expansion was the expansion of a non - conforming use, but if the City permitted that use, asked that all existing conditions be maintained and enforced; that expansion of ancillary uses be limited and the family life center be eliminated entirely, as well as the expansion of the student ministry center. Attorney Baird also asked for recordation of a covenant running with the land prohibiting conversion to a school and permitting the Coalition and the City to enforce that covenant if it were breached. Attorney Baird requested a condition that prior to the first CO the applicant shall convert the existing exclusive west -bound right turn lane into a through lane and construct an exclusive west -bound right turn lane at the intersection of CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/6/05 4 Northlake and Military Trail. Attorney Baird also asked that existing conditions be maintained, and that simulcast and or /live services to other buildings be prohibited. Attorney Baird commented on statements made by Mr. Hearing in his presentation. Following some discussion, Attorney Baird clarified the Coalition was opposed to expansion of the sanctuary within the holdings -- whatever they may be now or in the future, of Christ Fellowship on Northlake Boulevard. Senior Planner Mike Sanchez requested all staff testimony and evidence presented at first reading be entered into the record as well as the entire staff report and Growth Management file, all e -mails and correspondence. Mr. Sanchez reminded the Council this application involved re- zoning, master development plan approval, and conditional use. Mayor Russo called for public comments. John Altwater, Cypress Hollow Drive, favored keeping density low and felt no expansion should be allowed. Joan Altwater, Cypress Hollow Drive, expressed concern regarding enforcement of conditions of approval and requested denial based on incompatibility. Mayor Russo advised Joan Elias had indicated she was in support of the Northlake Coalition's position. Matilde Lanier representing Steeplechase Property Owners Association read a statement requesting enforcement of existing conditions and regarding incompatibility of the proposed expansion. Don Paulus, Monterey Point Drive, reported the PGA POA Board of Governors voted to support the Northlake Boulevard Coalition in opposition to this application because of incompatibility and traffic issues. Carol Estrada, Riverside Drive, commented on the great job Christ Fellowship Church did in handling traffic, commented church kitchens served a purpose and no one could predict the building might become a school in the future, and commented on other growth that had impacted Northlake Boulevard. Roy Allem, Hunt Club Lane, made a point regarding the Hunt Club HOA agreement with Christ Fellowship Church that it did not address either of the issues most important to Hunt Club homeowners, size of the building and traffic impact, so he did not believe the agreement represented the will of the Hunt Club homeowners. Eleanor Schweitzer, Dunbar Road, commented Christ Fellowship was asking for a fully configured school facility and a full - service YMCA and if passed this would be a mega- church in the middle of residential, and expressed her opinion the request should be denied. Robert Fink, speaking as Chair of BallenIsles Community Association Government and Community Relations Committee, agreed with Northlake Boulevard Coalition and asked for clarification of a special event. Wayne Richards, Woodsmere Drive, stated he sat on the Zoning Commission for Palm Beach County, and supported the Christ Fellowship petition. Jeff Renbaum, Hunt Club attorney, reported the agreement between Hunt Club and the church did not mean the Hunt Club was in favor of the application, but not to object to their present application. Mr. Hearing stated the applicant had no cross examination, but asked that the City Engineer further examine their traffic study. Mr. Hearing and staff answered questions from City Council. The intent of the condition prohibiting simulcast and the purpose of using busses was discussed. Mayor Russo advised Attorney Baird had made comments regarding traffic and asked if the City could deny a project with traffic concurrency, which was granted by the county. The City Engineer advised he could not speak for the county but it was presented as an ancillary use. Mr. Wu explained there had been a series of meetings regarding accessory uses. Mr. Hearing agreed to remove all the fitness facilities, and explained the primary use of the remaining space would be for student ministries and Sunday School class space. The applicant requested a vote tonight. Vice Mayor Jablin indicated he was not ready to vote tonight; he did not believe everyone had formulated in their own minds where the Council should go with this. CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/6/05 5 Vice Mayor Jablin stated he appreciated the offer of 20% reduction in size but he would like to see the Coalition and the church work out a realistic reduction in square footage, and address other issues; but the Council could limit the square footage. Mayor Russo indicated square footage could be reduced, but it was the impact that was so important. Vice Mayor Jablin commented there was 86,200 square feet on the north campus and the church was proposing twice that on the northeast campus, and suggested they bring that down to approximately 50% which would be a 32% reduction overall, which he believed was reasonable, and that the City set limits on the ancillary uses. Councilmember Valeche indicated he was ready to vote tonight —that progress had been made and all the information that was going to be received had been heard. Councilmember Valeche commented the sanctuary was the driver, and it was not being expanded, and he was comfortable the ancillary uses were ancillary to the sanctuary, and he believed the church was within their rights in the use of their land. Councilmember Levy commented churches and synagogues that he had been in had kitchens but not basketball courts and he felt the gymnasium could safely be taken off the table. Councilmember Levy's concern was that the City be able to enforce conditions of approval, and if there were violations that the City have the teeth to enforce. Councilmember Barnett asked how many violations had occurred since the church had been here. Attorney Alan Ciklin, representing the church, responded each time a notice had been received the church had complied immediately so that there had never been a fine or hearing. Councilmember Barnett expressed concern that the south campus was not really an ancillary use; there had been violations in the past six weeks, they were bussing because there was not enough parking; and if there was a problem now, what would happen with the size tripled. Councilmember Barnett stated that from her research of the law, maintaining the quality of residential neighborhoods was one of the primary duties of municipal government and she believed there was a substantial negative impact to surrounding communities. Councilmember Levy indicated he believed there would be a surge after the service and the rest would trickle out, and equated this to his own temple only on a much larger scale. Vice Mayor Jablin commented that was hopeful, but thought this should not be done without careful deliberation. Councilmember Valeche indicated he was comfortable and ready to vote with the 20% reduction offered by the applicant. Mr. Hearing stated they had no other development plans. Mr. Wu advised that staff would have a hard time consolidating the agreement with the Hunt Club into the resolution tonight since there had not been much time for review. Vice Mayor Jablin asked if the fact that the Hunt Club agreement was not going to be recorded meant anything. Applicant's counsel explained the private agreement could be incorporated into the ordinance. City Attorney Tatum advised she had only seen a draft copy of the agreement and therefore would not make any representations to the City that she had reviewed the 56 conditions and could not recommend whether they should be included in the City's legal document. Mayor Russo commented the City must look at those conditions to be sure residents had not entered into an agreement with conditions they could not enforce. Councilmember Levy indicated it was critical to know how long it took the parking lot to empty. The applicant volunteered to meet with the residents quarterly to discuss traffic and make any possible improvements. Mr. Wu indicated staff was encouraged by the offer of 20% reduction in square footage. Attorney Baird requested review of the alternative site plan. City Attorney Tatum suggested since there were four different items before the Council tonight, two pertaining to the south campus which had not been discussed tonight; also with regard to the north campus the ordinance transferred all the conditions to the resolution, just CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/6/05 6 rezoning the additional 20 acres, so that Ordinance 18, 2004, Ordinance 19, 2005, and Resolution 84, 2005 could be voted on, and Resolution 83, 2005 postponed until a date certain until a new site plan could be submitted. The applicant requested all items be voted on. City Attorney Tatum indicated it was another option to postpone everything. Discussion ensued. Mayor Russo expressed concern regarding the impact to residents and that things were no better than six weeks ago. Consensus of Council was to bring this back to the regular Council meeting on November 3. Councilmember Levy made a motion to postpone Ordinance 18, Resolution 83, 2005, Ordinance 19, and Resolution 84, 2005 to a date certain of November 3, 2005. Councilmember Valeche seconded the motion, which carried by unanimous 5 -0 vote. Part II — Non - Quasi- judicial RESOLUTIONS: Resolution 136, 2005 — Approve a work authorization to Landscape Service Professionals, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a Work Authorization and Notice to Proceed to Landscape Professionals, Inc. based on its annual Landscaping and Irrigation Contract dated September 15, 2005 for median improvements along Military Trail from Lillian Avenue North to Lilac Street; and providing an effective date. David Reyes presented the item. Vice Mayor Jablin moved approval of Resolution 136, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 155, 2005 - Contract award to Peas and Carrots Concessions, Inc. for Food and Beverage Concessions at the City Golf Course. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Agreement to Peas and Carrots Concessions, Inc. for Food and Beverage Concession and Catering services at the Golf Course; and providing an effective date. Vice Mayor Jablin moved approval of Resolution 155, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 158, 2005 — Cable Franchise Transfer — A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the assignment and transfer of control of the cable television franchise from Adelphia Communications Corporation to Time Warner Cable, Inc., and then to Comcast Corporation, or their respective subsidiaries, subject to certain conditions; providing for savings; and providing an effective date. Vice Mayor Jablin moved approval of Resolution 158, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. ADDITIONAL ITEMS Mayor Russo asked for suggestions for a resident to help promote the Town Hall meeting. Joan Elias, Carol Estrada, and Tory Buckley were suggested. Councilmember Levy suggested the Town Hall meeting be advertised on the flashing lights sign. Vice Mayor Jablin reported a sign at Hood Road and Alternate A I A that said no horns between 10 p.m. and 6 a.m., and asked if that sign had been there a long time. Vice Mayor Jablin made a motion to direct the City Manager to add between $500,000 to $750,000 back into the reserves. Councilmember Levy seconded the motion. The motion was discussed. During discussion it was noted this would be done throughout the year and he would report at the end of the year how much had been added to reserves. Motion carried by unanimous 5 -0 vote. CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/6/05 ADJOURNMENT There being no further business to discuss, the meetin 'g was djouned at 11:16 p.m. APPROVAL: ATTEST: ATRICIA SNIDER, C CITY CLERK CO MEMBER LEVY �( - uaJ, J, CO CILMEMBER VALECHE COUNCILME R BARNETT