HomeMy WebLinkAboutMinutes Council 111705CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
November 17, 2005
The November 17, 2005 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 7:03 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.
RE -ORDER AGENDA: Vice Mayor Jablin made a motion to re -order the agenda to place
Additions, Deletions, and Modifications next on the agenda. Councilmember Levy seconded
the motion, which carried by unanimous 5 -0 vote.
ADDITIONS, DELETIONS, MODIFICATIONS: Vice Mayor Jablin made a motion to
delete Resolution 177, 2005 under the Consent Agenda for postponement to December 1,
2005 and to modify the agenda for items continued from the November 3, 2005 meeting,
public hearing part 1 — quasi judicial — Resolution 83, 2005, and Resolution 84, 2005, to
provide further clarification to certain conditions of approval and to reference development
plans. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
Vice Mayor Jablin reported he had attended a civics class at Bright Futures International
Academy for International Studies at Lighthouse Baptist, and recognized the teacher,
principal, and students from that class. Councilmember Barnett recognized students from
Palm Beach Gardens High School who were attending the meeting. Mayor Russo reported he
had been the keynote speaker at Palm Beach Community College for the Honors Society.
ITEMS CONTINUED FROM NOVEMBER 3RD MEETING:
PUBLIC HEARINGS:
Part I — Quasi - judicial: Mayor Russo announced the quasi-judicial procedures that would
be followed at tonight's hearings. The City Clerk swore in all those who intended to testify
in any of tonight's cases.
Ordinance 18, 2005 - (2nd Reading and adoption) 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.] 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
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/17/05 2
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.
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
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 City Clerk read Ordinance 18, 2005 on second reading by title only and Resolution 83,
2005 by title. The City Clerk also read Ordinance 19, 2005 on second reading by title only
and Resolution 84, 2005 by title. Mayor Russo declared the public hearing open and called
for ex -parte communications since the last meeting. Councilmember Barnett disclosed she
had spoken to Joan Altwater, Keith Paulus, Doug Rudy, and Don Hearing. Councilmember
Levy disclosed he had spoken to Roy Allem, Joan Altwater, Doug Rudy, and Don Hearing.
Councilmember Valeche reported he spoken with Doug Rudy and Joan Altwater. Vice
Mayor Jablin disclosed speaking with Don Hearing, Joan Altwater, Joan Elias, and Keith
Paulus. Mayor Russo reported he had spoken to Joan Altwater, Joan Elias, Don Hearing,
Doug Rudy and Pastor Mullins. Donaldson Hearing, representing Christ Fellowship,
reported the church had come to agreement with the Northlake Neighborhood Coalition,
reviewed the revised site plan, and requested utilization of the shuttle bus until the student
activity center was completed. The following youth members of the church spoke on behalf
of the applicant: Cameron Free, Abriel Isham, Kelsey Jones, Amanda Privett, Joseph Graeve,
and Connor Saccil. Gary Carter spoke on behalf of the applicant. Roy Allem, Hunt Club
Lane, spoke representing the Northlake Neighborhood Coalition, and advised of their
support for the project. Hearing no further comments from the public, Mayor Russo declared
the public hearing closed. Growth Management Director, Charles Wu confirmed that
simulcast was prohibited in a condition of approval. Christ Fellowship committed to have
quarterly meetings to advise the City and the neighborhoods of their progress regarding
traffic, etc. Vice Mayor Jablin made a motion to adopt Ordinance 18, 2005 on second
reading. Councilmember Levy seconded the motion. Following comments by each member
of the City Council, the motion carried by 4 -1 vote, with Councilmember Barnett opposed
because she believed the development was incompatible with the neighborhood next to it and
that it may cause a deterioration of the neighboring property values. Vice Mayor Jablin made
a motion to approve Resolution 83, 2005 as amended. The City Attorney clarified the
amendments as proposed by staff and the applicant. Councilmember Levy seconded the
motion, which carried by 4 -1 vote with Councilmember Barnett opposed. Mr. Hearing
reported the status of the extra turn lane and advised the church was committed to that
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/17/05 3
project. Vice Mayor Jablin made a motion to adopt Ordinance 19, 2005 on second reading.
Councilmember Levy seconded the motion, which carried by 4 -1 vote with Councilmember
Barnett opposed. Vice Mayor Jablin made a motion to approve Resolution 84, 2005 as
amended, and clarified that the amendment proposed by staff was included in the motion.
Councilmember Levy seconded the motion, which carried by 4 -1 vote with Councilmember
Barnett opposed.
ITEMS OF RESIDENT INTEREST: Councilmember Barnett reported Palm Beach
County, West Palm Beach, and Palm Beach Gardens were involved in a land use study
involving the Western Northlake Corridor and she and staff representatives had attended a
workshop, and requested the City schedule a workshop on western development. Discussion
ensued. Staff reported the matter was in the data gathering and public hearing stage and the
county had set a deadline of February for this phase. Mayor Russo indicated he would like to
wait until staff could get a complete picture. Councilmember Levy requested the City present
to Jupiter their acceptance of putting Scripps at the Abacoa site. Mayor Russo reported he
had requested staff draft a letter to the County Commission with copies to the Governor and
Jupiter on this matter, and asked for direction from the council. Consensus was to discuss
this later. Councilmember Levy reported the Big Heart Brigade event at The Commons had
raised money for Thanksgiving dinners. Councilmember Levy reported he would be playing
golf for the first time in the Mayor's Golf Tournament to raise scholarship money. Vice
Mayor Jablin reported the City Manager was absent because his granddaughter had been
operated on for a hole in her heart, and she was doing fine. Mayor Russo reported the
Veterans Day celebrations had gone well and that he had attended the Thanksgiving
celebration by the Alzheimer's group at Nativity Lutheran, and they were doing great and
wanted to thank the city for all they had done. Mayor Russo commented Palm Beach
Community College was a great asset to the city.
CITY MANAGER REPORT:
Jack Doughney reported debris management was coming to an end this month, and diligent
efforts were being made to get everything back up and running and to make upgrades to
withstand the winds. Mr. Doughney reported the garbage contract with the current provider
at a lower price than they had originally proposed would probably be presented to the
Council in December.
COMMENTS FROM THE PUBLIC: Mayor Russo reported Rich Sudder had wished to
speak but was no longer present, and that he had wanted to express Veteran support and
wanted a City -side ordinance for upkeep of homes. Tina Camilli of Horseshoe acres
commented there were huge Australian pine stumps and she had heard they would not be
picked up. Mr. Doughney reported picking up the stumps was a separate debris removal
operation.
CONSENT AGENDA: Vice Mayor Jablin made a motion to approve the Consent Agenda
as amended. Councilmember Levy seconded the motion, which carried by unanimous 5 -0
vote. The following items were therefore approved on the Consent Agenda:
a. Approve Minutes from the October 20, 2005 regular City Council meeting.
b. Resolution 168, 2005 — Enhancement and maintenance of the E -9 -1 -1 Emergency
Telephone Number System. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida authorizing the Mayor and City Clerk to execute amendment
#001 to the Interlocal Agreement with Palm Beach County for the enhancement and
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/17/05 4
maintenance of the E -9 -1 -1 Emergency Telephone Number System; and providing an
effective date.
C. Resolution 171, 2005 - Quit -Claim Deed of RCA Center Drive Right -of -Way. A
Resolution of the City Council of the City of Palm. Beach Gardens, Florida accepting
a Quit -Claim Deed of RCA Center Drive Right -of -Way between Macarthur Parcel
5A and PGA Boulevard from Northern Palm Beach County Improvement District;
and providing an effective date.
e. Proclamation — National Hospice Month National Hospice & Palliative Care Month.
f. Proclamation — Cheesecake Factory Grand Opening Day
PUBLIC HEARINGS:
Part I — Quasi-judicial
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. The City Clerk read Resolution 156, 2005 by title. Mayor Russo
declared the public hearing open. The following ex- part:e communications were reported:
Councilmember Barnett reported she had met with Anne Booth. Councilmember Levy
reported he had met with Anne Booth and staff. Vice Mayor Jablin reported he had spoken
with Anne Booth. Mayor Russo reported speaking with Mr. Turner. Anne Booth, Urban
Design Studio, presented the request on behalf of the applicant. Hearing no comments from
the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin made a
motion to approve Resolution 156, 2005. Councilmember Valeche seconded the motion.
Councilmember Levy indicated he did not see benefit to future residents, but there were
many benefits to the developer. Staff confirmed that the applicant was legally entitled to
build this amount of units and these were the same waivers as approved in other Mirasol
parcels. Motion carried 4 -1 with Councilmember Levy opposed.
Resolution 163, 2005 — Art in Public Places for Mirasol Town Square. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places
for Mirasol Town Square, which is within the Mirasol Planned Community Development
(PCD) located on the Northwest corner of the intersection. of PGA Boulevard and the Florida
Turnpike, as more particularly described herein; providing for conditions of approval; and
providing an effective date. The City Clerk read Resolution 163, 2005 by title. Mayor Russo
declared the public hearing open. No ex -parte communication was reported. Lucy
Keschavrez confirmed the reference to the constitution was for illustration purposes only.
The City Council determined Thomas Jefferson and the plaque referencing the constitution
were inconsistent. Joan Elias, 1009 Diamond Head Way, expressed her opinion that the
subject of art in the City should remind residents of Florida and the City. Vice Mayor Jablin
made a motion to continue the public hearing to the evening of December 1 at approximately
7 p.m. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. It
was clarified that the applicant should meet with the Vice Mayor and Councilmember
Valeche.
Ordinance 34, 2005 — 0" Reading) PGA Corporate Center (aka "Parcel 5A ") - An Ordinance
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/17/05 5
of the City Council of the City of Palm Beach Gardens, Florida, rezoning a parcel of land
consisting of 78.96 acres, generally bounded by Interstate 95 Right -of -Way and Military
Trail to the West, the Winchester Courts and Garden Woods residential developments to the
North, Alternate AIA to the East, and PGA Boulevard to the South, as more particularly
described herein, from Research and Light Industrial Park (M1) and Planned Development
Area (PDA) zoning designations to a Planned Community District Overlay (PCD) zoning
designation with an underlying zoning of Research and Light Industrial Park (MI), to be
referred to as the "PGA Corporate Center PCD "; amending the zoning district map; and
providing an effective date. [Resolution 166, 2005 is a companion item to Ordinance 34,
2005 and will require Council action at second reading] Resolution 166, 2005 - PGA
Corporate Center Master Plan Approval. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving the Master Development Plan for the 78.96 -acre PGA
Corporate Center Planned Community Development (PCD) generally bounded by Interstate
95 Right -of -Way and Military Trail to the West, the Winchester Courts and Garden Woods
residential developments to the North, Alternate A 1 A to the East, and PGA Boulevard to the
South, as more particularly described herein, to allow the development of 240,000 square
feet of office use and 600,000 square feet of light industrial use, including a maximum of
42,000 square feet of ancillary commercial use, on 17 individual parcels; providing for
waivers; providing for conditions of approval; and providing an effective date. The City
Clerk read Ordinance 34, 2005 on first reading by title only. Mayor Russo declared the
public hearing open. The following ex -parte communications were reported: Councilmember
Valeche and Vice Mayor Jablin reported talking with Jim Jacoby. Mayor Russo reported he
had met with Mr. Jacoby, Mr. Catalfumo, and staff, and then had another meeting with staff.
Ryan Johnston, Catalfumo Construction, provided a presentation on behalf of the applicant.
Roger Blangy, Garden Woods, asked that the City and DOT commit not to start operation of
the Kyoto Drive railroad crossing until the noise problem for the Kyoto Drive railroad
crossing was solved. Sharon Long, Garden Woods, expressed concerns regarding the
opening of Kyoto Drive railroad crossing without a quiet zone and requested the City write
to FRA on this matter, asked to limit building heights of the northernmost lots, to limit
businesses to those who needed vehicles no larger than step vans, and proposed only
vegetation that would not need fertilizer and water and be dense enough to absorb sound and
block the view. Eugene Nowak, Garden Woods, requested improving the dangerous
intersection of Military Trail and Kyoto Gardens Drive which would have limited visibility;
expressed concern regarding whether the traffic impact study took into account all the
additional traffic that would be generated coming out of Gardens Mall; and recommended
moving Kyoto Gardens Drive 12 feet so that waiving t:he 12 -foot maintenance easement
along the lake would not be necessary. Gilda Gomez, Garden Woods, expressed concern
regarding the potentially large buildings in this project. Hearing no further comments, Mayor
Russo declared the public hearing closed. City Engineer Dan Clark addressed concerns
raised by the public and the City Council. Vice Mayor Jablin made a motion to place
Ordinance 34, 2005 on first reading by title only. Councilmember Levy seconded the motion,
which carried by unanimous 5 -0 vote.
RESOLUTIONS:
Resolution 173, 2005 -- Appointing members to the Charter Review Committee. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the
appointment of regular members to the 2005 Charter Review Committee pursuant to
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/17/05 6
Resolution 124, 2005; and providing an effective date. Vice Mayor Jablin suggested
changing the process and just putting the names down rather than assigning a value to each
person; however, the other members indicated they had already selected seven with ranking.
The City Clerk clarified the selection process using the point system —first choice would be
7 points, second choice 6 points, etc. The Council proceeded with the agenda while the City
Clerk retired to count the votes. Following Items For Council Action/Discussion, the City
Clerk announced that each of the Councilmembers' first choices were selected for a seat,
there was also a sixth selection, and there was a 3 -way tie for the seventh seat with a total of
nine points each. Carolyn Chaplik, Hudson Bay Drive, suggested how to resolve the issue of
the tie. Following discussion, Vice Mayor Jablin made a motion to amend Resolution 124,
2005 to include 9 members instead of 7. Councilmember Levy seconded the motion, which
carried by unanimous 5 -0 vote. The following selected names were read in alphabetical order
by the City Clerk: Paul Auerbach, Thomas Baird, Terry Brady, David Clark, Gary Fields,
Warren Freidman, Tim Frohling, Don Kiselewski, and Leonard Ruben. Vice Mayor Jablin
moved approval of Resolution 173, 2005 with the names that were read into the record by
the City Clerk. Councilmember Valeche seconded the motion, which carried by unanimous
5 -0 vote. Councilmember Valeche recommended an organizational meeting right after
Thanksgiving to appoint a chairman and set a time frame for the committee's work.
ORDINANCES:
Ordinance 33, 2005 -Plat Process Code amendment to clarify for Development Order
Review. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
relating to review procedures for subdivisions and plats; amending Section 78 -41, Code of
Ordinances, entitled "Applicability of Article" and Section 78 -43, Code of Ordinances,
entitled "Review of Applications for Development Order Approval," to provide clarification
of the review procedures for subdivisions and plats; providing for codification; and
providing an effective date. The Deputy City Clerk read Ordinance 33, 2005 by title only on
first reading. Talal Benothman, Growth Management Department, and the City Attorney
explained the proposed review process. Vice Mayor Jablin moved to place Ordinance 33,
2005 on first reading by title only. Councilmember Levy seconded the motion, which carried
by unanimous 5 -0 vote.
ITEMS FOR COUNCIL ACTION/DISCUSSION:
Review of Proposed Letter to the County Commission regarding Scripps – Consensus was to
send the letter to the Chair of the County Commission with copies to the Governor and the
whole legislative delegation. Councilmember Levy made a motion to authorize the Mayor to
sign a letter stating consensus of the Council regarding the Scripps site. Vice Mayor Jablin
seconded the motion, which carried by unanimous 5 -0 vote.
CITY ATTORNEY REPORT: The City Attorney advised that the City Council had
received two letters, one from Mr. Buschek and one from Mr. DeFrancesco, to which staff
had drafted proposed responses, which she distributed fbr discussion at the next meeting.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/17/05
ADJOURNMENT
There being no further business to discuss, �k%/m�fingj adjo ed at 10:10 p.m.
APPROVAL:
COUNC MBER E
vl, • �
ER VALECHE
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COUNCILM85MBER BARNETT
ATTEST:
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PATRICIA SNIDER, CMC
CITY CL .ERK .