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HomeMy WebLinkAboutMinutes Council 120105CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING December 1, 2005 The December 1, 2005 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:08 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. A moment of silence was observed in memory of firefighter Shawn Thurman. 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. ADDITIONS, DELETIONS, MODIFICATIONS: Vice Mayor Jablin made a motion to approve additions, deletions, and modifications to the agenda. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Therefore the following additions, deletions, and modifications to the agenda were approved: Additions: under the City Manager's Report: an update on the Northlake Boulevard Task Force and Resolution 183, 2005 - Ratifying Resolution 124, 2005 – amending the Charter Review Committee from 7 to 9 members. Deletion: under Part II – Quasi - Judicial Public Hearing: Resolution 163, 2005 - Art in Public Places for Mirasol Town Square (The petitioner has requested a postponement until December 15, 2005. A copy of the letter was contained in the agenda packet.) Modifications: under Part II - Quasi - Judicial: Resolution 166, 2005 (Companion item to: Ordinance 34, 2005 on for 2nd reading and adoption. PGA Corporate Center (a/k/a "Parcel 5A ") - These proposed changes are made to this resolution as a result of negotiations between the petitioner and staff relating to the conditions of approval. Resolution 162, 2005 - Companion item to: Ordinance 32, 2005 and Resolution 52, 2005 - Frenchman's Yacht Club Expanding PCD Boundaries. This Resolution requires City Council action prior to taking any final action on Ordinance 32, 2005 and Resolution 152, 2005. ANNOUNCEMENTS /PRESENTATIONS : Turnpike Interchange Construction Update by Michael Lewis, Program Manager Project Planning, Florida Dept. of Transportation - Michael Lewis, Program Manager Project Planning, Florida Department of Transportation, reported recent projects in the Palm Beach Gardens area. The Sunpass Challenge Improvements project had added two lanes at PGA Boulevard and ramp modifications, which had greatly improved operations. The State Road 710 interchange was scheduled to open in the spring of 2006, which would alleviate traffic at the PGA Boulevard interchange. Mr. Lewis reported that future turnpike lanes were anticipated at 8 lanes in the south end of the county reducing, to 6 at PGA Boulevard, and 6 lanes extending north of PGA Boulevard, and that two ramp lanes at PGA Boulevard would be discussed as an option. Future planning would include community input. Department Presentation: GIS Website - Melissa Prindiville, GIS Manager, provided the history of collection of GIS (Geographic Information System) data by the city and the data elements, and advised that Gardens GIS, accessed through the City's website, would allow that data to be shared by the public, improving communication. Ms. Prindiville explained the use of the GIS website features. ITEMS OF RESIDENT INTEREST: Councilmember Levy had attended the Loxahatchee River Management Coordinating Council, which had passed two resolutions —one in support of dissolution of the Palmar water drainage district, and the other to encourage the South Florida Water Management District and the Palm CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/1/05 2 Beach County Department of Resource Management to purchase environmentally sensitive land. Councilmember Levy commented that global warming could affect the City and requested staff look at programs used by Seattle, Washington to reduce greenhouse emissions, to see if any of those methodologies would be applicable to the City of Palm Beach Gardens. Vice Mayor Jablin reported the Charter Review met this week and thanked the volunteers on that committee. Vice Mayor Jablin reported he was taken by ambulance to the hospital, and thanked the EMS staff and everyone who had called and expressed concern. Mayor Russo reported he and Vice Mayor Jablin had been notified that Congressman Shaw would be bringing the city a check for $375,000 to kick off the quiet zone program. Mayor Russo displayed the trophy won at the Mayor's Golf Tournament for last place. Mayor Russo thanked staff for working to bring the recreation program at Riverside together. Mayor Russo asked for comments on the letters that needed to be sent out. Mayor Russo thanked everyone for helping with the Big Heart Brigade. Mayor Russo provided an update on Scripps, reporting that a letter had been sent to the County expressing support if needed, and staff was providing information. Councilmember Valeche distributed to the Council legislative initiatives by Congressman Shaw. CITY MANAGERS REPORT: Update on Northlake Task Force - Growth Management Administrator Charles Wu provided an update and reported that the Town of Lake Park was interested in re- entering the task force, but had proposed a proportionate contribution rather than $10,000 contribution per participant, to which City staff had objected. Today's proposed amendment was for Palm Beach Gardens and North Palm Beach to contribute $10,000 each and for Lake Park to contribute $5,000 as a first step to get them back into the task force and then to review the contribution amounts annually. Discussion ensued in which Council members stated they were opposed to a proportionate contribution. Consensus of Council was to accept the proposed amendment. COMMENTS FROM THE PUBLIC: Tom DeRita, 5770 Waterway Road, thanked the City for their job serving a record number of Thanksgiving dinners and for allowing money to be raised for Shawn Thurman. Kevin Eastori, 1511 401h Terrace north, asked what was being done about the dangerous Sunset Drive and 40th Terrace intersection. It was reported staff was working to locate the owners and to get cost estimates for repair, and working to get cross access. Mr. Eastori reported dangerous potholes in Sunset Drive, reported on the drainage, and provided pictures. Staff was directed to look at the situation. Tim Frohling, 152 Euphrates Circle, thanked the Turnpike Authority for their efforts and asked that the agencies involved in not providing a north county Tri Rail system make a presentation on this matter at a Council meeting. Mayor Russo reported the City had received $800,000 to expand PGA Boulevard to the west, but there was no money for the Tri Rail system, which was very frustrating. The Mayor reported that Commissioner Marcus was also frustrated in this situation. It was suggested that if the $800,000 was not spent in a year to try for permission to use the money for other transportation projects. Mr. Wu provided the status of the railway transit agency corridor study and the efforts being made by Commissioner Marcus. CONSENT AGENDA: The City Attorney advised that Resolution 183, 2005, which had been added to the agenda, could be considered on the consent agenda. Vice Mayor Jablin made a motion to add Resolution 183, 2005 to the consent agenda. Councilmember Levy seconded the motion, which carried by CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/1/05 3 unanimous 5 -0 vote. Vice Mayor Jablin made a motion to approve the consent agenda. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Therefore, the following items were approved on the consent agenda: a. Approve Minutes from the November 3, 2005 regular City Council meeting. b. Resolution 174, 2005 - Disaster relief funding agreement for Hurricane Wilma. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the City Manager to execute a Disaster Relief Funding Agreement with the State of Florida, Department of Community Affairs, for Disaster Relief as a result of Hurricane Wilma; and providing an effective date. C. Approval of Change Order No.I with Total Maintenance Building Services, Inc. for landscape maintenance services at various City Parks. d. Resolution 183, 2005 - Ratifying an amendment to Resolution 124, 2005 which created the Charter Review Committee, and providing an effective date. (The amendment changed the number of committee members from 7 to 9.) PUBLIC HEARINGS: Part I — Non - Quasi - judicial Ordinance 33, 2005 — (2nd reading and adoption) 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 City Clerk read Ordinance 33, 2005 on second reading by title only. Mayor Russo declared the public hearing open. Talal Benothman presented the staff report and noted for the record that the city code provided that City Council has final authority on making decisions on plats. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin moved adoption of Ordinance 33, 2005 on second reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Part II — 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 34, 2005 — (2nd Reading and adoption) PGA Corporate Center (aka "Parcel 5A ") - An Ordinance 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] 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 CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/1/05 4 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, 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 and Resolution 166, 2005 by title only. Mayor Russo declared the public hearing open and called for ex -parte communication. Councilmember Barnett reported no ex- parte communication. Councilmember Levy reported speaking with Hank Gonzalez and Don Hearing regarding future lab space. Councilmember Valeche, Vice Mayor Jablin, and Mayor Russo all reported no ex -parte communication since the first hearing. Staff presented changes in the conditions of approval since the first hearing, which were the result of negotiations with the petitioner. Ryan Johnston with Catalfumo Construction represented the applicant and stated they are in agreement with the proposed conditions of approval. Vice Mayor Jablin read a presentation regarding the quiet zone, which would begin at Hood Road and would include all crossings including Lighthouse Drive. Roger Blangy, Garden Woods, asked that the Kyoto Drive crossing not be opened without a quiet zone, and asked for a meeting with City officials. Sharon Long, Garden Woods, requested postponement of opening the Kyoto Drive crossing, and to limit the number of tractor trailers that would go through. Larry Casey, Oakway Circle, volunteered Congressman Shaw's help to expedite matters with the FEC. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. The City Engineer discussed traffic concurrency issues and advised there was approximately a year before the road construction would begin so that the quiet zone efforts could continue. Mayor Russo advised the City would continue to work on this issue. Vice Mayor Jablin indicated he was heartened by Congressman Shaw's participation. Vice Mayor Jablin moved adoption of Ordinance 34, 2005 upon second reading. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Vice Mayor Jablin moved for approval of Resolution 166, 2005 with amendments proposed by staff. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 37, 2005 — (1" reading) The Pointe, rezoning a parcel of land consisting of 9.18 acres located at the Northwest corner of Military Trail and Interstate -95. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, rezoning a parcel of land consisting of 9.18 acres, located at the Northwest corner of Military Trail and Interstate 95, as more particularly described herein, from a Professional Office (PO) zoning designation to a Planned Unit Development (PUD) overlay zoning designation with an underlying zoning of Professional Office (PO); amending the zoning district map; and providing an effective date. [Resolution 175 is a companion item to Ordinance 37, 2005 and will require Council action at second reading.] Resolution 175, 2005 -- The Pointe, approving the master development plan for the approximately 9.18 -acre property located at the Northwest Corner of Military Trail and interstate - 95. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the master development plan for the approximately 9.18 -acre property located at the Northwest corner of Military Trail and Interstate 95, as more particularly described herein, to allow the development of 150,000 square feet of Professional Office space and a five -level parking garage to be referred to as "the Pointe PUD "; providing for waivers; providing for conditions of approval; and providing an effective date. The City Clerk read Ordinance 37, 2005 on first reading by title only. Mayor Russo declared the public hearing open and called for ex -parte CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/1/05 5 communication. Councilmember Barnett reported speaking with Anne Booth, Lloyd Ecclestone, III, Tim Page, and Steve Mathison. Councilmember Levy reported a meeting with Anne Booth, John Glidden, Lloyd Ecclestone III, Tim Page, and Steve Mathison, and had discussed drainage with Stan Koch. Councilmember Valeche reported meeting with the same group. Vice Mayor Jablin reported speaking with Anne Booth and Lloyd Ecclestone III. Mayor Russo reported meeting with Anne Booth, Lloyd Ecclestone III, and staff, and speaking to Steve Mathison on the phone. Attorney Steve Mathison provided a presentation on behalf of the petitioner. John Glidden and Anne Booth also spoke on behalf of the petitioner. Justification for requested waivers was provided by Ms. Booth. Sharon Long, Garden Woods, expressed favor for the project. Joan Elias, Diamond Head Way, also expressed favor for the project. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin moved to place Ordinance 37, 2005 on first reading. Councilmember Levy seconded the motion. Councilmember Barnett thanked Ms. Booth for reviewing the waiver justifications and expressed hope the buffer along Military Trail would block the view of parking. Councilmember Levy commented this building would be a landmark for the city. Vice Mayor Jablin stated he thought incorporating Art in Public Places into the lake was a great idea. Motion carried by unanimous 5 -0 vote. Ordinance 32, 2005 — (2nd reading and adoption) 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 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.] 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.] 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 announced this item had been re- ordered under Additions, Deletions, and Modifications and read the items in the following order: Resolution 162, 2005, Ordinance 32, 2005 for second reading and adoption, and Resolution 152, CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/1/05 6 2005. Mayor Russo declared the public hearing open and called for ex -parte communication. Councilmember Barnett reported speaking with Al Malefatto, Eric Finkleberg, and Jordan Connors. Councilmember Levy reported speaking with Tom Dorita and Jordan Connors. Councilmember Valeche reported speaking with Eric Finkleberg and Tom DeRita. Vice Mayor Jablin reported speaking with Tom DeRita and stated he had not been able to attend the October 20, 2005 City Council meeting but had provided a memo to the Council regarding his historical perspective, and therefore did not vote on the first reading of Ordinance 32, 2005; however, since that meeting he had reviewed the CD and the minutes of that meeting and considered the pro and con testimony presented, and would vote tonight based on the record in this matter and the evidence presented at tonight's public hearing. Mayor Russo reported he had not spoken to anyone for the past two weeks on this matter. George Gentile provided a presentation on behalf of the applicant. Mr. Benothman reviewed the staff report. Jason Fishbein, Palm Point Circle, expressed favor for the project. Deborah Searcy, Paradise Point Road, encouraged the Council to vote against this project. Joan Elias, Diamond Head Way, expressed favor for the project. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin moved approval of Resolution 162, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Mayor Russo re- opened the public hearing on Ordinance 32, 2005 and Resolution 152, 2005 and stated all previous comments would be incorporated. Mr. Gentile reported the applicant met with residents on the north side of Donald Ross Road as requested by the City Council and described the resulting changes to the project, and the architect described changes to the buildings. Al Malefatto reported agreement with Frenchman's Creek with a revised condition 7 which he read into the record: The uses permitted within the retail office portion of the site shall be limited to uses that serve the residents of the site and the marina. Permitted uses include boat and marina sales, marina office, condominium administrative office, ship's store, concession sales, and limited restaurant use for residents and guests of the condominium and users of the marina. There shall be no outdoor seating with wait service. Outdoor seating without wait service that is ancillary to the restaurant is permitted. There shall be no commercial signage on Donald Ross Road or Prosperity Farms Road advertising these uses, and signage.for these uses shall be subject to City Council approval. Uses not otherwise permitted are specifically excluded. The applicant also requested eliminating condition 4 allowing signage approval administratively. Attorney Mathison requested an addition to the new condition 7 that Frenchman's Creek, Inc. be given notice when a sign package was submitted, to which the applicant agreed. No members of the public came forward to speak. Mayor Russo announced that previous comments by the public were incorporated and declared the public hearing closed. Councilmember Valeche indicated it was the City's policy that commercial be compatible with the residential, which was confirmed by Mr. Wu. Vice Mayor Jablin moved adoption of Ordinance 32, 2005 on second reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Vice Mayor Jablin moved approval of Resolution 152, 2005 with condition 4 deleted, and condition 7 as read into the record by Mr. Malefatto, and subject to the notice of Frenchman's Creek, Inc. POA for any changes in the signage uses subject to City Council approval. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Resolution 169, 2005 - Replat of Lots 1 and 2, Block 17 Gables at Northlake Replat No. 1. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Replat of lots 1 and 2, block 17 Gables at Northlake Replat no. 1; and providing an effective date. The CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/1/05 7 City Clerk read Resolution 169, 2005 by title. Mayor Russo declared the public hearing open. There were no ex -parte communications. City Engineer Clark presented the replat. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin moved approval of Resolution 169, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. 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. Mayor Russo declared the public hearing open. Hearing no comments from the public, Mayor Russo requested a motion to continue the public hearing. Vice Mayor Jablin moved to continue the public hearing for Resolution 169, 2005 to a date certain of December 15, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. ITEMS FOR COUNCIL ACTION /DISCUSSION Mayor Russo called for comments on the response letters to Mr. DeFrancesco and the Buscheks. The City Attorney advised she had turned the letter from the Buscheks over to the Police Department since it alluded to criminal activity, and the Police Department had determined that this was a civil matter. Vice Mayor Jablin made a motion to authorize Mayor Russo to sign the letter to the Buscheks and to Mr. DeFrancesco. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. Mayor Russo announced that the Hometown News had a policy of allowing a rant to be responded to, and his response to the rant regarding waivers would be shared with the whole Council for any input, and would address the efforts that had been made to involve the community. Vice Mayor Jablin expressed appreciation to Hometown News for providing an opportunity for the City to respond. Councilmember Levy commented this City government was open and completely transparent and everyone could see the records, and he felt bad for someone who was unhappy with it, but there had been an opportunity for them to come in and comment on anything that was done. The City Manager announced that there had been a call for nominations for an award sponsored by Palm Beach County and the Visitors Bureau. Moroso race track had been nominated by the General Manager of Continental Airlines and a member of the Tourist Development Council to be recognized for their significant contribution to economic growth and tourism because of the number of attendees to their events which contributed to the economy of the City. It was reported they had plans to add a paint ball arena in the near future. A letter of support for this nomination had been requested. Vice Mayor Jablin made a motion to support the nomination. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote. CITY ATTORNEY REPORT: City Attorney Tatum reported a letter had been received from Jeffrey Renbaum, an attorney with Rudd and McCloskey, who had been asked to represent a group of Hunt Club residents who would be petitioning the City for abandonment of a part of Hunt Club Drive that would not be built. He had asked if the City Council had any concerns with him representing this matter since his firm did other work with the City. Attorney Tatum advised she had no concerns, since these were totally separate items, and recommended the Council grant the waiver of any potential conflict. Consensus of Council was they had no problems with this matter. CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/1/05 8 ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 10:22 p.m. l � APPROVAL: MArR RUSSO VICE.M Cp COUNZI, M;R ABLIN 1 V CO NCILMEMBER VALECHE -- �r\ COUNCILMETXJR BARNETT ATTEST: PA RICIA S1�IDER, CMC CITY CLERK