HomeMy WebLinkAboutMinutes Council 110107I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 November 1, 2007
6 The November 1, 2007 Regular Meeting of the City Council of the City of Palm
7 Beach Gardens, Florida, was called to order at 7:05 p.m.in the Council Chambers of the
8 Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida,
9 by Mayor Joseph Russo.
10 I. PLEDGE OF ALLEGIANCE
11 Following the Pledge of Allegiance Mayor Russo requested a moment of silence
12 for Californians being evacuated because of wildfires.
13 II. ROLL CALL
14 The City Clerk called the roll and the following elected officials were found to be
15 in attendance: Mayor Joseph Russo, Vice Mayor David Levy, Council Member Eric
16 Jablin, Council Member Hal Valeche, and Council Member Jody Barnett.
17 III. ADDITIONS, DELETIONS, MODIFICATIONS
18 None.
19 IV. ANNOUNCEMENTS/PRESENTATIONS
20 a. Transfer of ownership of retired police K -9 Dragan to Sergeant Glenn
21 Wright. Chief of Police Stephen Stepp announced the retirement of Police K -9 Dragan
22 due to progressive arthritis. Chief Stepp presented highlights of Dragan's 5 -year career
23 with handler, Sergeant Glenn Wright, including: 210 times utilized resulting in 36
24 apprehensions and 79 arrests. Mayor Russo awarded Sergeant Wright ownership of
25 Dragan. Council Member Jody Barnett cited budget restraints as the reason preventing
26 the City from buying another K -9 to replace Dragan. Council Member Barnett then
27 announced the PGA Corridor Association and local businesses have agreed to raise the
28 $7,000.00 necessary for the purchase of a new K -9. Council Member Barnett presented
29 an initial $500.00 check.
30 b. Implementation request for Phase II of the Veterans Park Project located
31 at the Municipal Complex. Community Services Administrator Jack Doughney presented
32 an update on the progress of Veterans Plaza. He invited everyone who participated in all
33 phases of the design, construction and implementation of Phase I of the project to attend a
34 breakfast Friday, November 9, 2007 at 8:30 a.m. in the City Hall lobby. The Mayor's
35 second annual Veterans Golf Tournament will be held Saturday, November 10, 2007 at
36 the City of Palm Beach Gardens Municipal Golf Course. Proceeds will go to the Veterans
37 Administration Hospital. The Veterans Plaza dedication will be held Sunday,
38 November 11, 2007 at 11:00 a.m. At this time the five military branch flags will be
39 unveiled: U.S. Army, U.S. Navy, U.S. Air Force, U.S. Marine Corps and U.S. Coast
40 Guard. A draft version of the updated Buy Into the Gardens program has been submitted
41 to Council. The program will allow a flag to be flown for 30 days in memory of a loved
42 one and retired in their honor. Recreation Director Charlotte Presensky presented an
43 update of the Veterans Plaza project Phase I and described Phase II. Ms. Presensky
44 emphasized that funding comes from a non ad valorem fund. Discussion ensued
45 regarding funding. City Attorney Christine Tatum confirmed the appropriate use of funds
46 from the cultural donation fund.
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I percent, or approximately 1,440 votes. Council Member Valeche expressed his concern
2 that such a small number of votes were cast. The area has 160,000 residents.
3 Council Member Eric Jablin announced the Red, White and Zin event to be held
4 November 2, 2007 to benefit the Northern Palm Beach Chamber of Commerce. It will be
5 the first event held in Veterans Plaza.
6 Mayor Joseph Russo announced that Vice Mayor Levy, Council Member Jablin
7 and himself attended the Palm Beach Gardens Homecoming Parade. They were interested
8 to see our police officers in action as they arrested someone trying to break into a house
9 just one block from where the parade was being organized.
10 Mayor Joseph Russo announced the Smoke Free Society has requested a letter of
11 support from the City of Palm Beach Gardens for the establishment of a center in Palm
12 Beach County to help people who want to stop smoking.
13 MOTION
14 A motion was made by Vice Mayor Levy and seconded by Council Member Jablin in
15 support of sending the requested letter to the Smoke Free Society. Motion passed
16 unanimously, 5-0.
17 VI. CITY MANAGER REPORT
18 None.
19 VH. COMMENTS FROM THE PUBLIC
20 Ms. Elyse Isadore, 3847 Vancott Circle, Palm Beach Gardens, Florida, stated her
21 objections to the Value Place Hotel being planned for Roan Lane off Northlake
22 Boulevard, east of Interstate 95. Vice Mayor David Levy has agreed to help stop this
23 project.
24 Ms. Carol Estrada, 309 Riverside Drive, Palm Beach Gardens, Florida, expressed
25 her frustration at trying to find buildings in two other cities where the names and
26 addresses were only permitted on one side of the building. Ms. Estrada believes that the
27 City of Palm Beach Gardens should consider her experience when considering future
28 signage requests.
29 Mr. Donaldson Hearing, 1934 Commerce Lane, Jupiter, Florida, appearing on
30 behalf of the PGA Corridor Association, wishes to express its thanks to the Council for
31 its support, vision and commitment to PGA Boulevard.
32 VIH. CONSENT AGENDA
33 Council Member Jablin made a motion to accept the Consent Agenda. Vice Mayor Levy
34 seconded the motion, which carried by a unanimous 5-0 vote. Therefore, the following
35 items were approved on the Consent Agenda:
36 a. Resolution 24, 2007 — Nextel South Corporation. A Resolution of the City
37 Council of the City of Palm Beach Gardens, Florida authorizing the execution of
38 an Agreement with Nextel South Corporation relating to reconfiguration of public
39 safety radio communications system frequencies; and providing an effective date.
40 b. Proclamation — National GIS Day.
41 C. Proclamation — Hospice of Palm Beach County Month.
42 IX. PUBLIC HEARINGS
43 Part I — Quasi- iudicial — Mayor Russo announced the procedures that would be
44 followed in tonight's quasi-judicial proceedings. No ex parte communications were
45 reported. The City Clerk swore in all those intending to offer testimony in any of
46 tonight's public hearings.
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a. Ordinance 24. 2007 - (2nd reading and adoption) Amending chart of
Permitted Uses. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida related to permitted uses in the General Commercial (CG1)
Zoning District; amending section 78 -159, Code of Ordinances, entitled
"Permitted Uses, Minor, and Major Conditional Uses, and Prohibited Uses "; to
allow ancillary boat, watercraft, and all- terrain vehicle sales as a major
conditional use; providing for codification; and providing an effective date.
Mayor Russo declared the public hearing open. Donaldson Hearing,
Cotleur & Hearing, stated that he had a presentation, if Council wished to see it.
Mayor Russo declined saying Council had seen the presentation so it was not
necessary to review it again. Mayor Russo explained the guidelines governing
discussion for this ordinance. With no further comments the public hearing was
declared closed.
MOTION
Council Member Eric Jablin moved to place Ordinance 24, 2007 on 2nd reading and
adopted, seconded by Vice Mayor Levy and approved unanimously, 5-0.
b. Ordinance 31, 2007 — (1st reading). Amending the Capital Improvements
Element. An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida amending the Capital Improvements Element of the City of Palm Beach
Gardens Comprehensive Plan; and providing an effective date.
Mayor Russo declared the public hearing open. Stephen Mayer, Growth
Management, Senior Planner, presented elements pertinent to Ordinance 31,
2007. Council Member Barnett inquired if by approving Ordinance 31, 2007 the
Council is not approving the projects noted, but stating that we do have
committed funding sources for them. Stephen Mayer stated Council Member
Barnett was correct. Vice Mayor Levy mentioned a second access road for the
schools at Shady Lakes. Mayor Russo suggested Vice Mayor Levy talk to the area
residents before bringing the matter before Council. With no further comments
the public hearing was declared closed.
MOTION
Council Member Eric Jablin moved to place Ordinance 31, 2007 on 1st reading,
seconded by Vice Mayor Levy and approved unanimously, 5-0.
C. Evaluation and Appraisal Report (EAR) -Based Amendment Workshop_
Mayor Russo declared the public hearing open. Stephen Mayer, Growth
Management, Senior Planner stated that this is the second meeting to discuss the
EAR. Stephen Mayer stated that the required four Planning, Zoning and Appeals
Board (PZAB) workshops have already been held. He presented the major
elements contained in the EAR. Council Member Jablin asked when Staff made
the recommendations. Stephen Mayer replied that he intends to present
recommendations to PZAB in either December or January. Council Member
Barnett expressed her concerns that specific elements were being addressed
before being heard by the PZAB. Council Member Barnett then discussed Transit -
Oriented Development (TOD) concerns. Discussion ensued between Mayor
Russo, Council Member Jablin, Council Member Barnett, Vice Mayor Levy and
Kara Irwin, Growth Management Administrator.
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I Linda Maggio, 903 Santree Drive, Palm Beach Gardens, Florida 33403,
2 asked that subjects, such as the EAR, be explained in terms, including acronyms,
3 the public audience can understand.
4 Council Member Jablin and Mayor Russo acknowledged Ms. Maggio's
5 concerns. Kara Irwin explained the EAR is a comprehensive plan for land use
6 within the City. It must be re- evaluated every 7 years. Stephen Mayer continued
7 his presentation. Mayor Russo requested that in future such lengthy presentations
8 be noted before the Council meeting. Discussion ensued among Council Members
9 regarding housing issues. Stephen Mayer continued his presentation regarding
10 public safety. Council Member Barnett stated that our level of service for fire
11 response time is better than the County's and she does not want our standard to go
12 down, to which there was agreement. Discussion ensued among Council Members
13 regarding public safety. City Manager Ron Ferris noted the standard the City uses
14 was established in Resolution 124, 2004, which established a minimum level of
15 service county -wide and all municipalities had to meet that minimum. The City of
16 Palm Beach Gardens' standards are much higher. Stephen Mayer continued his
17 presentation on recreation. Discussion ensued regarding recreation standards.
18 Stephen Mayer continued his presentation on coastal management. Kara Irwin
19 stated that the EAR issues will be brought back before Council in March. Mayor
20 Russo declared the public meeting closed.
21 Part H — Non - Quasi - judicial
22 a. Resolution 115 2007 — Seasons 52 Restaurant PUD Amendment. A
23 Resolution of the City Council of the City of Palm Beach Gardens, Florida
24 amending the Seasons 52 Planned Unit Development (PUD), located at the
25 Northwest corner of PGA Boulevard and Ellison Wilson Road, as more
26 particularly described herein, to allow a change in use from an art gallery to
27 professional office; amending certain conditions of approval; reallocating building
28 square footages; and providing an effective date.
29 No ex parte communications were reported. Mayor Russo declared the
30 public hearing open.
31 Donaldson Hearing, Cotleur & Hearing, representing Seasons 52
32 requested the building's second level be changed from an art gallery to
33 professional office space. There being no further discussion Mayor Russo
34 declared the public meeting closed.
35 MOTION
36 Council Member Jablin made a motion in favor of Resolution 115, 2007, seconded by
37 Vice Mayor Levy and approved unanimously, 5-0.
38 b. Ordinance 30, 2007 — (2nd reading, and adoption) Gander Mountain PUD.
39 An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
40 relating to rezoning; rezoning a parcel of land consisting of 13.18 acres, located
41 on the West side of Sandtree Drive, immediately South of the Northlake
42 Commons/Home Depot shopping center and immediately North of the Sandtree
43 residential development and Sandtree office development, as described more
44 particularly herein, from Commercial General (CG -1) to Planned Unit
45 Development (PUD) overlay with an underlying zoning of Commercial General
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING Page
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I (CG -1) to be known as the Gander Mountain PUD; amending the zoning district
2 map; providing an effective date.
3 No ex parte communications were reported. Mayor Russo declared the
4 public hearing open.
5 Mr. Donaldson Hearing, Cotleur & Hearing, representing Oppidan
6 Investment, Inc. wished to thank the Council for the early removal of vegetation
7 authorization approved two weeks' ago. It enabled vegetation to be saved as well
8 the repair of the encroachments. Many wildlife were safely removed. Mr. Hearing
9 is requesting a waiver to allow the boundary wall to be moved 10 feet away from
10 homeowners' property. The signage has been redone and a sample of the new
I 1 Tracker sign is presented.
12 Discussion among the Council members ensued. Kara Irwin, Growth
13 Management Administrator, cited items not in the Resolution.
14 Julian Knight, 8743 Satalite Terrace, Lake Park, Florida, stated his
15 objection is the speeding problem on the Sandtree Road. A 120,000 - squaret foot
16 retailer is moving into a residential neighborhood. Problems exist with
17 Schumacher Automotive dealership loading and unloading cars in the street. The
18 issue of loading boats and all- terrain vehicles (ATV) needs to be resolved before
19 the project is built.
20 Donald Houser, 510 Sandtree Drive, Palm Beach Gardens, Florida, 33410,
21 stated closing the road into the office complex is necessary to stop speeding.
22 Linda Maggio, 903 Sandtree Drive, Palm Beach Gardend, Florida, 33410,
23 spoke in support of closing the end of Sandtree Drive to prevent speeders driving
24 through the residential neighborhood.
25 Lauren Fountain, 506 Sandtree Drive, Palm Beach Gardens, Florida,
26 33410, thanked the Gander Mountain staff for all of their efforts on behalf of the
27 residents of the Sandtree community. She also stated that the office complex at
28 the end of Sandtree Drive needed to be closed off from access to the residential
29 community road because of speeding and reckless driving.
30 Joseph Ryan, Oppidan, Inc., stated that, although closing the road is not
31 Gander Mountain's responsibility, he is willing to take on the responsibility so the
32 work on the project can continue.
33 Mayor Russo closed the floor to public comment. Discussion was held
34 among Council regarding the closing of the Sandtree office complex's access to
35 Sandtree Drive. Donaldson Hearing stated a thorough traffic analysis was done
36 for this facility. All outstanding issues have been addressed.
37 MOTION
38 Council Member Jablin moved to place Ordinance 30, 2007 on 2nd reading and adoption;
39 seconded by Vice Mayor Levy and passed unanimously, 5-0.
40 C. Resolution 106, 2007 — Gander Mountain PUD. A Resolution of the City
41 Council of the City of Palm Beach Gardens, Florida approving the Gander
42 Mountain Planned Unit Development (PUD) on a 13.18 -acre parcel located on the
43 West side of Sandtree Drive, immediately South of the Northlake
44 Commons/Home Depot Shopping Center, and immediately North of the Sandtree
45 Residential Development and Sandtree Office Development, as described more
46 particularly herein, to allow the development of a 120,000 - square -foot retail
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building; granting major conditional use approval for indoor ancillary boat and
all - terrain vehicle sales; providing waivers; providing conditions of approval; and
providing an effective date.
City Manager Ron Ferris requested a recess for a review of the wording of
Resolution 106, 2007. At this time Mayor Russo requested a 5- minute recess for
discussion of verbiage in Resolution 106, 2007. Following the recess the Mayor
brought the meeting back to order.
MOTION
Council Member Jablin moved Resolution 106, 2007 with the following changes: 1) an
additional waiver, No. 11, Section 78 -285, for permitted signs to allow two brand name
signs for Tracker located on the North and West elevations, 2) change to Condition 24
prior to the issuance of the certificate of occupancy (COO) for the Gander Mountain PUD
the applicant shall remove all prohibited, invasive and non - native plants from the sight;
seconded by Vice Mayor Levy and passed unanimously, 5-0.
X. RESOLUTIONS
None
XI. ORDINANCES
None.
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION
None.
XRL CITY ATTORNEY REPORT
None.
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XIV. ADJOURNMENT
There being no further business to
10:00 P.M.
APPROVED:
Jody
Attest:
Patricia Snider, CMC
City Clerk
Valeche,
Mayor
Member
Member
was adjourned at
Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim
transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk.
All referenced attachments on file in the City Clerk's office.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
11-01-07
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