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
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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
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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
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COUNCILMEMBE BARNET
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