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HomeMy WebLinkAboutMinutes Council 102005CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING October 20, 2005 The October 20, 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 the family of Tom Sosey, who had lost his grandson in a terrible accident ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Russo, Councilmember Levy, Councilmember Valeche, and Councilmember Barnett. Vice Mayor Jablin was absent from the meeting. ITEMS OF RESIDENT INTEREST: Councilmember Levy reported during the previous evening's town hall meeting, he had said he would go to the Borland site with staff, which had been done, and asked that City Forester Hendrickson give a report. City Forester Hendrickson reported that he and Councilmember Levy had inspected the site in response to concerns that some trees had been removed from the open space that should not have been removed, and had determined that there was compliance with the development order, and that only exotics had been removed from the site plan area. Councilmember Barnett commented regarding bringing work force housing to the city, and suggested the possibility that all new development or conversions offer 10% of the housing at 10% below market price, with 10% down and the developer carrying a 30 -year assumable mortgage at 50% of the going interest rate. Mayor Russo suggested that developers build rental housing that would be kept as rentals for 50 years. Councilmember Levy suggested changing the loan term from 30 to 60 years. Councilmember Valeche suggested reviewing literature on this subject. Discussion ensued. Councilmember Barnett made a motion to direct staff to come back to the City Council with as much information as possible regarding affordable housing financing, and other options for obtaining affordable housing in the City when staff felt it was appropriate, for City Council consideration. Councilmember Levy seconded the motion, which carried by unanimous 4 -0 vote. Councilmember Valeche commented Tom Sosey had left a voice mail apologizing for not being able to attend last night's town hall meeting, which he felt was remarkable in light of the tragedy Mr. Sosey and his family had suffered that day. Mayor Russo reported he and Growth Management Administrator Wu had attended the intergovernmental meeting of all north county cities and had been disappointed to learn that the earliest a train station could be created would be ten years, instead of the expected five years. Mayor Russo reported that the turnpike authority had agreed to talk to the city regarding turnpike access. Congressman Shaw's Chief of Staff in Washington had offered any help the city might need with Hurricane Wilma, and indicated that FEMA had agreed to meet regarding the previous storm. CITY MANAGER REPORT: City Manager Ferris reported emergency procedures had been activated in advance of Hurricane Wilma and presented the Resolution Declaring State of Emergency for approval. Councilmember Levy made a motion to add Resolution 167, 2005 to the agenda. Councilmember Valeche seconded the motion, which carried by unanimous 4 -0 vote. Councilmember Valeche made a motion to approve Resolution 167, 2005. Councilmember Levy seconded the motion, which carried by unanimous 4 -0 vote. The City Manager announced operation schedules and cancellations for the hurricane. The City Manager advised that a resident had reported difficulties in getting 40th Terrace paved, and CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/20/05 2 staff research had found that road was owned by private individuals. The city had provided shell rock and had removed vegetation for safety purposes. Mayor Russo reported he had been invited to sit on a preparedness committee in Washington and had asked the City Manager to find out more about it; and expressed his opinion that any travel should be approved by the City Council. City Manager Ferris reported questions as suggested by Councilmember Barnett would be presented the next day to the Police Pension Board and a meeting would be scheduled to discuss this issue. Service Delivered Enhancements through Cross Training - Ann Schilling and Jennifer Mikulski, Community Services, provided a presentation on the importance of technology in helping with cross training to improve customer service, and how cross training had been implemented in various departments. COMMENTS FROM THE PUBLIC: Iris Lambert, Lighthouse Drive, reported there was retaliation against a person making a code enforcement complaint, and commented that code enforcement was ineffective in the city. Mayor Russo asked for a report at the next meeting. Councilmember Barnett asked if code enforcement complaints could be done on -line; it was confirmed a complaint could be e- mailed. John Chaplik, Hudson Bay Drive, commented there was affordable housing in the area but not necessarily in the city, and offered suggestions for affordable housing within the city. Kevin Easton, North 40'h Terrace, reported his section had been annexed three years ago and there had been discussion then that the road would be paved; and something should be done with the road and the canals. Mayor Russo indicated the road must be dedicated to the city before something could be done. Mayor Russo asked staff to meet with the property owners regarding this issue. CONSENT AGENDA: Councilmember Levy moved approval of the consent agenda. Councilmember Valeche seconded the motion, which carried by unanimous 4 -0 vote. Therefore, the following item was approved on the consent agenda: a. Resolution 161, 2005 - Approve a Cost Sharing Agreement with Christ Fellowship Church, Inc. for certain medians on Northlake Boulevard. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Agreement between the City of Palm Beach Gardens and Christ Fellowship Church, Inc. for roadway median maintenance activities; and providing an effective date. PUBLIC HEARINGS: Part I — Quasi-iudicial - Mayor Russo announced the cases to be considered and the quasi judicial procedures that would be followed in tonight's hearings. The City Clerk swore in all those intending to testify in any of the quasi-judicial cases. Ordinance 28 2005 — (2nd reading and adoption) Amendment to the William T. Dwyer gh 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 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.] Resolution 110, 2005 - Amendment to the William T. Dwyer High School Planned Unit Development. A CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/20/05 3 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 second reading by title, and Resolution 110, 2005 by title. Mayor Russo declared the public hearing open. No ex -parte communication was reported. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Levy made a motion to approve Ordinance 28, 2005 on second reading for adoption. Councilmember Barnett seconded the motion, which carried by unanimous 4 -0 vote. Councilmember Levy made a motion to approve Resolution 110, 2005. Councilmember Valeche seconded the motion, which carried by unanimous 4 -0 vote. Ordinance 29, 2005 — (2nd reading and adoption) Oak Park Office Condominiums Planned Unit Development, Final Phase II. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida approving an application from John C. Bills Properties, Inc. for approval of an amendment to Ordinance 5, 1980, as amended by Ordinances 18, 1981, Ordinance 20, 1981, Ordinance 19, 1985, and Ordinance 20, 1990, relating to the construction of phase II, the final phase of Oak Park Office Park Planned Unit Development (PUD); transferring the site plan approval and related conditions to Resolution 114, 2005; and providing an effective date. [Resolution 114, 2005 is a companion item to Ordinance 29, 2005 and will require Council action.] Resolution 114, 2005 — Amendment to Oak Park Office Park PUD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Oak Park Office Park Planned Unit Development (PUD), located on the West side of Prosperity Farms Road approximately 1,580 feet South of PGA Boulevard, to allow construction of the Oak Park Office Park final phase, consisting of a two -story, 17,172- square -foot medical office building, as more particularly described herein; providing for waivers; providing for conditions of approval; and providing an effective date. The City Clerk read Ordinance 29, 2005 on second reading by title only and Resolution 114, 2005 by title only. Mayor Russo declared the public hearing open. No ex- parte communication was reported. Kimberly Thayer made a presentation on behalf of the applicant. John Barton, owner of property immediately south of the southwest corner of the proposed expansion, expressed concern with the existing Australian pines which overhung their home and with the roots which invaded their yard, and asked where the dumpster would be. City Forester Mark Hendrickson responded the Australian pines plus all other exotics would be removed. Jim Griffin, the developer for the applicant, advised anything needing cleanup, including the dumpster if it needed to be removed, would be done. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Councilmember Levy moved adoption of Ordinance 29, 2005 on second reading. Councilmember Barnett seconded the motion, which carried by unanimous 4 -0 vote. Councilmember Levy moved approval of Resolution 114, 2005. Councilmember Barnett seconded the motion, which carried by unanimous 4 -0 vote. Ordinance 32, 2005 — (1St reading) Frenchman's Yacht Club — Rezoning, An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning a parcel of land consisting of 6.05 acres, located at the Southeast corner of Donald Ross Road and Prosperity CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/20/05 4 Farms Road, as more particularly described herein, from a Planned Development Area (PDA) Zoning designation to a Planned Community District (PCD) zoning designation with an underlying zoning of Residential Medium (RM); amending the zoning district map; and providing an effective date. [Resolution 152, 2005 is a companion item to Ordinance 32, 2005 and will require Council action only at second reading.] Resolution 152, 2005 - Frenchman's Yacht Club — Master Plan Approval. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the master development plan for the approximately 14.54 -acre property located at the Southeast corner of Donald Ross Road and Prosperity Farms Road, as more particularly described herein, to allow the development of 113 multifamily dwelling units and 9,990- square feet of ancillary office /retail space for use by the marina to be referred to as "Frenchman's Yacht Club "; providing for waivers; providing for conditions of approval; and providing an effective date. [Resolution 162, 2005 is a companion item to Ordinance 32, 2005 and will require Council action only at second reading.] Resolution 162, 2005 - Frenchman's Yacht Club — Expanding PCD boundaries. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the Development Order of the Frenchman's Creek Development of Regional Impact (DRI) and Planned Community Development (PCD); amending the master development plan to allow for the incorporation of a conversion matrix to permit the conversion of commercial to residential uses and vice versa; allowing the development of up to 120 additional residential units; modifying the boundaries of the DRI/PCD to incorporate a six -acre parcel adjacent to the subject DRI /PCD and located at the Southeast corner of Donald Ross Road and Prosperity Farms Road; authorizing the City Clerk to transmit copies of this Resolution to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, Frenchman's Creek Property Owner's Association, Inc., Frenchman's Marina Resort, Ltd. and Avatar Properties, Inc.; and providing an effective date. The City Clerk read Ordinance 32, 2005 by title only. Ex -parte communication from Vice Mayor Jablin in support of Ordinance 32, 2005 was read into the record by City Attorney Tatum. Councilmember Barnett reported she had spoken with Eric Finkleberg, Lance Davidson, and Marlo Sugarman. Councilmember Levy reported he had spoken with Eric Finkleberg, Al Malefatto, George Gentile, Tommy Dorita, and attended two meetings at Juno Beach, and received a fax from Karen Marcus. Councilmember Valeche reported he had spoken with Mr. Finkleberg, Mr. Malefatto, and Mr. Dorita. Mayor Russo advised he had spoken with Mr. Finkleberg, Mr. Gentile, and Mr. Dorita, and had received a fax from Karen Marcus, and in the past he had spoken with people from Frenchman's Creek but not about this project; and he was given an overview of the project when he met with Mr. Finkleberg. Al Malefatto described the project and introduced the project team. George Gentile presented the project. Traffic Consultant Joel Wantman was sworn in by the City Clerk and presented information regarding the traffic signal. Architect Paul Twitty presented the architecture for the project. Mr. Malefatto requested revisions to two conditions between first and second readings, condition 6 to build the bus shelter prior to the first CO; and condition 7 to include general office use. Staff recommended the general office use be restricted to ancillary uses to the marina, with which Mayor Russo expressed agreement. Mayor Russo requested restriction to outdoor music. Mayor Russo called for comments from the public. Peter Albury, Leeward Way, expressed concern regarding the height of the buildings, and traffic buildup. Harriette McAnally, Harbor Lane, expressed concern regarding CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/20/05 5 the building height and that it would set a precedent. Councilmember Levy read aloud the fax from Commissioner Marcus which expressed concern that 4 stories over parking was not acceptable, and 3 stories over parking would be better. Jeff McAnally, Harbor Lane, was not in support of the proposed building height. Jim Graham, Palmwood Road, expressed opposition to the building height and asked that the City government not become involved in prices for housing. Keith Boeck, Leeward Way, was opposed to the building height. Joan Elias, Diamond Head Way, expressed support for the building height. Rebecca Henderson, Esquire, with the firm of Greenspoon Marder, spoke on behalf of Herb Gordon, a resident of Frenchman's Creek, against the building height and the density, and requested reduction to 4 stories. John Chaplik, Hudson Bay Drive, commented on building heights in general, and asked the Council to consider when to grant height exceptions and in which areas of the City. Amir Kanel asked the Council to listen to the residents of the City and stated he was in favor of the project. Doug Dedo, Leeward Way, offered a solution to go back to the accepted easements and density and to lower the building heights. Donna Adams, Paradise Port, spoke against the proposed building height and density, and did not agree with the traffic report trip numbers. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. The applicant addressed the points raised by the public. Mayor Russo re- opened the public hearing. Steve Mathison Attorney for Frenchman's Creek Country Club and POA, was sworn in and advised that all substantative issues with Avatar had been resolved and that the President of their Association felt confident the final vote would be in favor of the project as proposed. The applicant described the setbacks, landscaping, and distance to adjacent residences, and showed the view from Paradise Point area. Councilmember Levy expressed concern regarding the height waiver, and setting precedent, which was discussed. Councilmember Barnett and Councilmember Valeche expressed their opinion that setting precedent regarding building height was not a concern since each project was considered on its own. Councilmember Valeche was concerned about converting office space to residential. Mayor Russo expressed support but requested the project be made better for the residents. Hearing no further comments, Mayor Russo declared the public hearing closed. Councilmember Levy made a motion to place Ordinance 32, 2005 on first reading by title only. Councilmember Valeche seconded the motion, which carried by unanimous 4 -0 vote. Resolution 153, 2005 - Approval of the Gardens Station Master Signage Program. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a Master Sign Program for the Gardens Station Planned Unit Development (PUD), generally bounded by the RCA Center PUD to the North, Loehmann's Plaza to the West, the Hilda Flack Interiors and Hampton Inn properties to the South, and the FEC Railway to the East, as more particularly described herein; providing for waivers; providing for conditions of approval; and providing an effective date. The City Clerk read Resolution 153, 2005 by title. No ex —parte communication was reported. Kimberly Thayer presented the project. Jim Griffin cited other examples of signage above the second floor. Staff recommendation was not to place signage above the second floor. Mayor Russo declared the public hearing open. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Levy verified with staff that the resolution as presented reflected the staff recommendation. Councilmember Levy moved approval of Resolution 153, 2005. Councilmember Valeche seconded the motion, which carried by unanimous 5 -0 vote. CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/20/05 6 Resolution 154, 2005 - Amendment to Resolution 196, 2003 - The Landmark. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to Resolution 196, 2003, which approved the site plan for the Landmark, which is located within the Regional Center Development of Regional Impact at the Southwest Corner of Gardens Parkway and Fairchild Gardens Avenue, as more particularly described herein, to allow for a condition of approval requiring the installation of lake improvements; and providing an effective date. The City Clerk read Resolution 154, 2005 by title. Mayor Russo declared the public hearing open. No ex -parte communication was reported. Brian Cheguis, Cotleur & Hearing, presented the amendment on behalf of the developer. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Levy moved approval of Resolution 154, 2005. Councilmember Valeche seconded the motion, which carried by unanimous 4 -0 vote. Resolution 156, 2005 - Amendment to the site plan for Parcel 10 of the Mirasol Planned Community Development. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to modify Resolution 57, 2002 to vary the lot width from 120 feet to 90 Feet and to allow for eight (8) additional lots for Parcel 10 of the Mirasol Planned Community Development (PCD), located at the Northwest corner of PGA Boulevard and the Ronald Reagan Turnpike, as more particularly described herein; providing for amended conditions of approval; providing for additional waivers; and providing an effective date. Mayor Russo declared the public hearing open. No ex -parte communication was reported. Anne Booth of Urban Design Studio presented the amendment on behalf of the applicant, and answered questions from the City Council. Mayor Russo verified that, Mr. Sabatello nor his companies were a contract purchaser. Hearing no comments from the public, Mayor Russo declared the public hearing closed. The applicant addressed concerns expressed by Councilmember Levy and Councilmember Barnett. Mayor Russo re- opened the public hearing. Councilmember Levy made a motion to continue Resolution 156, 2005 to a date certain of November 17, 2005. Councilmember Barnett seconded the motion, which carried by unanimous 4 -0 vote. Resolution 159, 2005 - Donald Ross Village Master Signage Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving modifications to the approved master sign package for the non - residential portion of Donald Ross Village Planned Unit Development (PUD), generally bounded by Donald Ross Road to the North, Central Boulevard to the West, and Military Trail to the East, as more particularly described herein; and providing an effective date. The City Clerk read Resolution 159, 2005 by title only. Craig McDonald presented the amendment on behalf of the petitioner. Staff expressed no objections. Mayor Russo declared the public hearing open. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Levy made a motion to approve Resolution 159, 2005. Councilmember Valeche seconded the motion, which carried by unanimous 4 -0 vote. Resolution 128, 2005 - The Sanctuary re -plat of tracts "O -1" and "U -3 ". A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Sanctuary Replat of Tracts "O -l" and "U -3 "; and providing an effective date. The City Clerk read Resolution 159, 2005 by title only. Councilmember Valeche reported he had spoken to Mike Gfessor; no other ex -parte communication was reported. The City Attorney advised public comments must be restricted to the plat. City Forester Mark Hendrickson presented the staff report. CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/20/05 7 Mayor Russo declared the public hearing open. Mary Anne Guschke, Oakwood Lane, commented it was too cold in the Council chambers and tax dollars were being wasted. Ms. Guschke stated the plat needed to be amended to have access. Jeff Azis, Princewood Lane, commented trees were being taken down on the plat and there was a deed restriction causing a lawsuit. John McGrath, President of the HOA, thanked the Council for the re -plat. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Councilmember Levy confirmed with the City Attorney that approval would not violate the judge's order. Councilmember Levy moved approval of Resolution 128, 2005. Councilmember Valeche seconded the motion, which carried by unanimous 4 -0 vote. Part II — Non - Quasi - judicial Ordinance 27, 2005 - (2nd reading and adoption) Amendments to the Land Development Regulations. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to Planning, Zoning and Appeals Board Public Workshops; amending Section 78 -43, Code of Ordinances entitled "Review of Applications for Development Order Approval "; providing for codification; and providing an effective date. The City Clerk read Ordinance 27, 2005 by title only on second reading. Kara Irwin, Growth Management Department, presented the staff report. Councilmember Levy moved approval of Ordinance 27, 2005 on second reading by title only. Councilmember Valeche seconded the motion, which carried by unanimous 4 -0 vote. Growth Management Director Wu noted the Mayor had not called for public comments. Councilmember Levy withdrew his motion; Councilmember Valeche withdrew his second to the motion. Mayor Russo declared the public hearing open. Joan Elias commented this was a good amendment. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Councilmember Levy moved approval of Ordinance 27, 2005 on second reading by title only. Councilmember Valeche seconded the motion, which carried by unanimous 4 -0 vote RESOLUTIONS: Resolution 160, 2005 — Addendum to Agreement with Ardaman & Associates, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida extending the piggyback contract with Ardaman & Associates, Inc. for consulting services associated with Year No. 5 of the Gardens Park remediation project; and providing an effective date. City Engineer Dan Clark provided the staff presentation. Councilmember Levy further explained the process. Councilmember Levy made a motion to approve Resolution 160, 2005. Councilmember Valeche seconded the motion, which carried by unanimous 4 -0 vote. Resolution 131, 2005 - Declaring certain items of public property as surplus propert y. A Resolution of the City Council of the City of Palm Beach Gardens, Florida declaring certain items of public property as surplus property; authorizing the donation of such surplus property to other governmental entities impacted by Hurricane Katrina; alternatively authorizing sale by auction; providing an effective date. Major Robert Artola with the Police Department presented the staff report. Councilmember Barnett expressed concern that Council had not discussed this previously. Following discussion, Mayor Russo asked that the Council give staff better direction as to what they wanted to do with this. ITEMS FOR COUNCIL ACTION /DISCUSSION: Charter Review Committee - Councilmember Barnett suggested advertising on the Palm Beach Bar Association website for people to be on this committee. She also suggested possibly hiring a firm to draft an ordinance after the committee came up with ideas. Mayor CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/20/05 8 Russo commented the Vice Mayor had requested no one be appointed tonight since he could not be present. Councilmember Levy indicated he was happy with the 17 applicants. Councilmember Valeche wanted to see more applicants. Councilmember Barnett made a motion to reopen advertising for the Charter Review Committee and to advertise at least on the Palm Beach Bar website. Mayor Russo noted those who had already applied did not need to re- apply. The City Clerk reviewed the previous advertising. Councilmember Valeche expressed his opinion not to re- advertise in the same places. Mayor Russo suggested advertising in the Council Communicator. Councilmember Barnett suggested a half page ad in the Palm Beach Post and to re- advertise in the other newspapers. Mayor Russo requested this be brought back with proper advertising information. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 11:01 p.m. APPROVAL: ATTEST: PATRICIA SNIDER, CMC CITY CLERK COUN �C 1 COUNCILMEMBE BARNET i