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HomeMy WebLinkAboutMinutes Council 071102CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING July 11, 2002 The July 11, 2002 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida. Children from the City's Camp Sunshine, Riverside Community Center, presented the City with a flag they had made, introduced themselves, and joined the Mayor in leading the Pledge of Allegiance to the Flag. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Vice Mayor Sabatello, Councilmember Clark, Councilmember Russo, and Councilmember Delgado. ADDITIONS, DELETIONS, MODIFICATIONS: Mayor Jablin announced that additions were included in the revised agenda in red and those additions were Resolutions 117, 114, and 115. Councilmember Clark made a motion to add Resolutions 117, 114, and 115 to the consent agenda. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. ANNOUNCEMENTS /PRESENTATIONS Resolution 102, 2002 — A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Approving a "Piggyback" purchase for Microsoft Software, Maintenance and Consulting services by enrolling in the state Enterprise fund; authorizing the Mayor and City Clerk to execute the necessary enrollment agreements; providing for conflicts; providing for severability; and providing for an effective date. Staff explained that under the state enterprise fund, software could be purchased at a large cost savings and software would be updated as it changed. A total of $44,000 savings would be realized. Blood Needed by Employee - Mayor Jablin announced Sgt. Cary Linderman of the Police Department was in the intensive care unit at Good Samaritan and a bloodmobile would be in front of City Hall on Monday from 7 a.m to 3 p.m for blood donations for Sgt. Linderman. ITEMS & REPORTS BY MAYOR AND COUNCIL: Councilmember Delgado reported she had attended the Florida League of Cities board meeting where a presentation had been made by Adelphia, which had filed Chapter 11. Councilmember Delgado reported the agreement between the City and Adelphia had been updated. Councilmember Delgado announced that the League had appointed her to the Treasure Coast Regional Council, that she had met with Ken Pruitt, who had formerly served on that Council, and the Governor had extended his congratulations. Councilmember Delgado reported that the Business and Professional Women's state conference was held in Palm Beach Gardens and she had participated in the opening ceremonies. Councilmember Delgado announced that the Honda Classic committee had held another meeting that plans were moving forward, and Roger Dean Stadium was participating. Councilmember Russo reported he had met with Jack Doughney and another committee regarding the Honda Classic who wanted to design a banner to be placed along the main roads for this event, which would CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/11/02 2 showcase the City, bring economic impact, and benefit the children of the City. Councilmember Russo reported the Budget Committee had met and he thanked everyone who participated in the budget preparation and the residents for their understanding. Councilmember Clark reported the Beautification and Environmental Committee had held their monthly meeting and were continuing to move forward with plans to prepare an environmental brochure to set forth all City areas available for passive recreation and that the Committee was excited about this project. Mayor Jablin reported attending the first meeting of the Blue Ribbon Panel, which was working on solving the drainage problem in the City, and thanked staff members for their work to get the committee started. COMMENTS FROM THE PUBLIC: Jimbo Bosso, 405 Lighthouse Drive, suggested the City study the possibility of purchasing the cable company so that every house could be connected at a flat rate and every house and business could have an alarm to reduce police force demand and increase property values because of enhanced security. Broadband Internet service and the possibility of local phone service could provide additional savings, and there could be increased services with a revenue stream to the City. CONSENT AGENDA: Councilmember Clark made a motion to approve the consent agenda. Councilmember Delgado seconded the motion. Vice Mayor Sabatello announced he had no conflicts of interest regarding any items on the consent agenda. Motion carried by unanimous 5 -0 vote. a. Consideration of approving Minutes from the June 20, 2002, Regular City Council Meeting. b. Resolution 97, 2002 — Mirabella Recreation Center at Mirasol. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of a site plan to allow for the development of a 9,062 square -foot recreation building with pool and tennis courts, located on 2.87 acres within the Mirabella section of the Mirasol Planned Community District (PCD), as more particularly described herein; providing for wavers; providing for severability; and providing for an effective date. C. Resolution 98, 2002 — Mirasol Parcel 13. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of a site plan to allow for the development of 40 semi - custom homes known as Mirasol Parcel 13, located within the Mirasol Planned Community District (PCD). As more particularly described herein; providing for conditions of approval; providing for wavers; providing for severability; providing for conflicts; and providing for an effective date. d. Resolution 102, 2002 — A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving a "Piggyback" purchase for Microsoft Software, Maintenance and Consulting services by enrolling in the state Enterprise fund; authorizing the Mayor and City Clerk to execute the necessary enrollment agreements; providing for conflicts; providing for severability; and providing for an effective date. e. Resolution 106, 2002 - Mirabella at Mirasol Plat "A" Replat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the Mirabella at Mirasol Plat "A" Replat, and providing for an effective date. f. Resolution 107, 2002 - Mirabella at Mirasol Plat `B" Replat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the Mirabella at Mirasol Plat `B" Replat, and providing for an effective date. CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/11/02 3 g. Resolution 108, 2002 - Mirabella at Mirasol Plat "C" Replat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the Mirabella at Mirasol Plat "C" Replat, and providing for an effective date. h. Resolution 109, 2002 - BallenIsles Southwest area Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the BallenIsles Southwest area Plat, and providing for an effective date. i. Resolution 110, 2002 - Mirasol parcel Eleven Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the Mirasol parcel eleven Plat, and providing for an effective date. j. Resolution 111, 2002 - Mirasol parcel Twelve Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the Mirasol parcel twelve Plat, and providing for an effective date. k. Resolution 103, 2002 - Amendment to the agreement with Gee & Jenson. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving an amendment to the agreement with Gee & Jenson for architectural services relating to fire station No. 5 and authorizing the Mayor and City Clerk to execute same; providing for conflicts; providing for severability; and providing for an effective date. 1. Resolution 117, 2002 — Appointment of a member to the Education Advisory Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the appointment of (1) regular member to the Education Advisory Board of the City of Palm Beach Gardens, providing for conflicts; providing for severability; and providing for an effective date. m. Resolution 114, 2002 — Work order # 2002 -014.1 for LBF &H. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving Work order # 2002 -014.1 with LBFH, Inc. for engineering services related to the restoration of the Thompson River Canal — Lighthouse Drive to Holly Drive, providing for conflicts; providing for severability; and providing for an effective date. n. Resolution 115, 2002 - Work order # 2002 -014.2 for LBF &H. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving Work order # 2002 -014.2 with LBFH, Inc. for engineering services related to the restoration of the Thompson River Canal —1 -95 to Military Trail, providing for conflicts; providing for severability; and providing for an effective date. PUBLIC HEARINGS: Ordinance 27, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, approving a text amendment to the future land use element of the City of Palm Beach Gardens Comprehensive Plan regarding Limited Development West of the City's Urban Growth Boundary; providing for transmittal to the Florida Department of Community Affairs; providing for codification in the comprehensive plan; providing for severability; providing for conflicts; and providing for an effective date — for consideration of first reading. Principal Planner Steve Cramer presented the amendment. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 27, 2002. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. At the suggestion of Councilmember Clark, Mr. Cramer indicated that "passive recreation" would be added as a use between first and second readings. Councilmember Clark moved Ordinance 27, 2002 be CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/11/02 4 placed on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 27, 2002 on first reading by title only. Ordinance 2, 2002 — (Continued from 06/06/02) - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to Palm Beach Gardens Christ Fellowship Church South Campus Development Order located at 5312 Northlake Boulevard, approximately 3/ miles west of Military Trail, by amending a condition of approval for a previously approved conditional use; amending Ordinance 34, 1999; providing for severability; providing for conflicts; and providing for an effective date — for consideration of first reading. And Resolution 4, 2002 - (Continued from 06/06/02) - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to Palm Beach Gardens Christ Fellowship Development Order by amending a condition of approval for a previously approved site plan for the Christ Fellowship South Campus, located at 5312 Northlake Boulevard, approximately 3/ miles west of Military Trail, amending Resolution 5, 2000; Providing for a condition of approval; providing for severability; providing for conflicts; and providing for an effective date. And Ordinance 44, 2001 — (Continued from 06/06/02) - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to Palm Beach Gardens Christ Fellowship Church North Campus by amending conditions of approval for the site, located on the north side of Northlake Boulevard, approximately 1 mile west of Military Trail as more particularly described herein, amending Ordinance 20, 1997, and Ordinance 23, 1999; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date — for consideration of first reading. Senior Planner Edward Tombari presented one presentation for Ordinance 44, 2001 dealing with the north campus; Ordinance 2, 2002 dealing with conditional use on the south campus; and Resolution 4, 2002 dealing with the site plan on the south campus. Attorney Alan Ciklin and Pastor Mullins spoke on behalf of the petitioner. Mayor Jablin declared the public hearing open. John Delmage, who was in support of the petitions, waived his comments. Rev. Greg Sempscott, 10120 Dogwood, pastor of Church in the Gardens, expressed appreciation for the positive impact of Christ Fellowship Church and support for their cause. Ann Fishman, BallenIsles, expressed support for the petitions. Robert Gray, Hunt Club, commented property values in the Hunt Club had gone up during the past year and supported lifting the restrictions. Bruce Prevost, Nashua Drive in Horseshoe Acres, expressed support, stated that he was grateful traffic was less than if homes had been developed, and the church had been a great neighbor. Jeff Statler, 10208 Allamanda Boulevard, commented on the lives this church had touched and expressed his support to lift the regulations. Gary Carlson, 12043 Colony Avenue, indicated this church had been a positive addition to the City and expressed his support. Nicholas Pellagrino and Melanie Paulus waived their comments and expressed support for Pastor Mullins. David Trombley, 39 St. Thomas Drive, Ballenlsles, requested the City support the Church's requests. Dr. Douglas Reed, 10243 Hunt Club Lane, requested the City lift the restrictions. Bernard Strauss, 116 Palm Point Circle, reported Marooney Auto had parked cars on the church property and asked the City to check into this. Mr. Strauss indicated he would be opposed if CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/11/02 the church came back in another two years to request the rest of the restrictions be lifted. Linda Hughey, Reed Drive, recalled previous meetings regarding this church where the City Council had promised they could always come back to request restrictions be lifted and expressed her opinion the City should not now restrict the church to one request. Councilmember Russo that commented on the Sunday after 9 -11 that traffic entering Christ Fellowship had been backed up to Military Trail and he had been thankful there were houses of worship for people to go to and no one had called to complain. Nancy Smith, 4278 Hickory Drive, waived comments and indicated she was in support of Pastor Mullins. Fred Kohlmeier, 4462 Hickory Drive, indicated he and his wife concurred with the staff recommendations, and noted all regulations would be met with the restrictions lifted. Phil Lyddon, 51 Cayman Place, current President of the PGA National POA, reported their board had taken a position to try to make sure surrounding developments were reasonable and did not impose excessive burdens on present and future residents. Mr. Lyddon commented that Christ Fellowship did good work but the POA was concerned with the density of use and the traffic generated, and felt lifting the restrictions would generate more traffic, and that he personally saw no reason to restrict simulcasting or shuttle busses. Vito DeFrancesco, 1048 Shady Lakes Circle, President of PGA Corridor Residents Coalition, commented the Council had asked the neighbors to negotiate conditions put onto a piece of property five years ago, which was wrong. Mr. DeFrancesco indicated an addition to the zoning code after that time required churches over 1,000 seats to be in a commercial area and not next to residential; and the code also defined a major amendment code as anything that created more density or intensity, and he agreed with Mr. Lyddon that no restrictions should be lifted which would create more seating and generate more traffic. Jim Wicks, 1011 Woodfield Circle, waived comments. Joan Altwater, 9180 Cypress Hollow, waived comments. Keith Paulus, 10100 Hunt Club Drive, President of Hunt Club HOA, announced he was speaking on behalf of the Northlake Coalition, indicated this was not a religious issue and he appreciated the comments that the church was doing great good for the community. Mr. Paulus indicated this was a rapid -growth commercial type - enterprise in a residential area, which would not be allowed under the new zoning code, and the conditions of approval had been done to preserve the residential character of the surrounding communities, and that to remove some conditions discounted all the negotiation work done originally. Mr. Paulus reported the coalition had met with the church but had not been able to reach any agreements, and reviewed the original conditions and why they should not be changed. Mr. Paulus provided photos of the overflow parking. Mr. Paulus discussed the staff report, which he indicated did not agree with the presentation and requested the report be amended and corrected. Mr. Paulus indicated this was not a religious issue and the concerns were for the future and quality of life of the residents, and the church was so large they could no longer control the actions of the members. Mr. Paulus showed a video from a special event service on the evening of March 30, 2002, to show the traffic, and expressed concern that with growth this would become the normal traffic generated. Mr. Paulus indicated the coalition did not oppose the growth of the church but did oppose more growth of the church in this residential area. Attorney Ciklin's response, including describing code requirements and traffic performance standards, which had been met, and noting that other churches were not restricted. Carol Estrada, Riverside Drive, commented she sympathized with everyone and would be proud to be their neighbor, described a young man who had turned his life around by attending Christ Fellowship, and CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/11/02 expressed her opinion that the residents should be united. Quiermo Flores, Jr., 429 Capistrano Drive, a one -year resident, commented that the City's growth would continue and would tax not only Christ Fellowship but all other resources in the City. Veen Tucker, 1045 Shady Lakes Circle, commented Christ Fellowship did good things but there came a point when the membership must be closed. Steven Ziedman, 4306 Golfers Circle East, commented on the good Christ Fellowship had done and disagreed with the previous person that membership should be closed. Bob Kaplan, 102 Windward Drive, requested focus on outside events and stated he did not understand how those limited anyone from worshiping at the church. Mr. Kaplan commented the intent of the original limitations was to say what belonged there and the City Council should define what was meant by temporary seating. David Gaylord, 10272 Hunt Club Lane, suggested adding a lane into Hunt Club Drive for traffic to move more freely. June Pack, 11101 Hunt Club Drive, expressed concern with the church's growth and the traffic that would be generated. Carol Jacobs, 16 Burda Lake Drive, commented no one had addressed the vision and what would happen on the vacant ten acres. Nells Christensen, 16 St. Thomas Drive, BallenIsles, commented common sense told him this church was a good thing. Michael Cowen, 205 N. Pine Drive, injected a note of humor by asking the Council during November /December to restrict the number of people who could go to the mall because of traffic. Anthony Phillips, 4771 Arthur Street, commented he was a member and had never had a problem with traffic at the church or with finding parking and never had to park across the street. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Mayor Jablin indicated the church had done a wonderful job and religious freedom was not being restricted, that this was a land use issue, and he was afraid by lifting the conditions that the church might not be able to continue doing a wonderful job. Councilmember Clark concurred that the church did good work but commented this was about land use on a constrained site and approval had only been issued with conditions agreed upon by the church and the City, as with all petitioners, and advised that the surrounding communities might be more comfortable if the church had on file with the City a plan for the 10 acres owned by the church and the additional ten acres they would probably purchase. Councilmember Clark indicated he was not prepared to vote on this matter without concurrence by the surrounding communities, and there was also the matter of the impact on this evaluation process of the religious land use and institutional persons act of 2000, and there must be clarification as to whether that law applied and constrained the City Council if there was not concurrence by the surrounding communities. Councilmember Clark recommended this matter be tabled until the courts had handed down a declaratory judgment on this law and a plan for the additional land was on file with the City. Councilmember Russo indicated he did not want to go to court, wanted the parties to work to resolve the issues, and wanted to understand the issues. Staff clarified the extra seats requested were for all services and not just for special events. Vice Mayor Sabatello expressed his opinion there should be no special events and that the number of seats and parking spaces did not regulate the number of people who attended. Vice Mayor Sabatello indicated he did not understand the position of the coalition or homeowners associations, or how the number of people would be enforced, commented that the City Council needed to understand the bigger picture, questioned how traffic would have been different compared to the traffic there would have been if homes had been held here, and indicated staff had done a good job. Councilmember Delgado commented Christ Fellowship did a great job that this was a land use issue, and indicated she had performed research into the religious freedom act, CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/11/02 7 and had concluded that the City needed to obtain a declatory judgment on the religious freedom act. The City Attorney explained the church's position regarding the religious freedom act and recommended the City Council obtain a declaratory judgment in the absence of any precedent. Vice Mayor Sabatello stated he would rather find out the position of the coalitions and HOAs and why, instead of going to court. Councilmember Russo also indicated he did not wish to go to court. Discussion ensued. The applicant indicated they were willing to provide within 90 days a conceptual plan for the 10 acres and to do what the coalition wanted if they knew what that was. It was decided to hold a workshop with both sides to obtain the answers to the questions asked by the City Council. The City Attorney advised that if a condition was changed, if any action at all was taken, the City was taking a risk that the applicant would still go to court under the religious freedom act which could mean the law would revert to the 1997 ordinance, making all the original conditions void. It was clarified that a declatory judgment was not a hostile action but was only to clarify the law, and a decision should be obtained within 6 months at a cost of $10,000. Mr. Ciklin indicated they would not come back in another four years to ask for more and would agree to waive their rights under the religious freedom act in that respect. Councilmember Clark proposed workshops to be attended by applicant, Council, staff, and representatives of the coalition to work things out. Mayor Jablin allowed Keith Paulus to speak. Mr. Paulus stated the coalition was not willing to modify the conditions in any way, was not willing to spend more time, and was in favor of obtaining a declatory judgment. Discussion ensued regarding the religious freedom act and obtaining a declatory judgment or if the applicant could waive their rights under the religious freedom act. Mr. Paulus agreed to come to a workshop. Councilmember Clark requested a more definitive plan for the additional ten acres be presented at the workshop. Vice Mayor Sabatello commented the City Council was not divided and wanted to do the right thing. Mayor Jablin indicated he wished to resolve the matter. Mayor Jablin declared the public hearing reopened. Councilmember Clark made a motion to continue the public hearing on this matter to the September 5, 2002 meeting. Councilmember Russo seconded the motion, which carried by unanimous 5 -0 vote. Consensus was to hold a workshop during the first part of August on a date that all the parties could attend. CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/11/02 8 ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 11:22 p.m.