Loading...
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 ;? �.. -� COUNCILM85MBER BARNETT ATTEST: 12�- PATRICIA SNIDER, CMC CITY CL .ERK .