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HomeMy WebLinkAboutMinutes Council 030603CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING March 6, 2003 The March 6, 2003 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, 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 Jablin, Vice Mayor Sabatello, Councilmember Clark, Councilmember Russo, and Councilmember Delgado. ADDITIONS, DELETIONS, MODIFICATIONS: Mayor Jablin announced addition of a copy of a Honda Classic light pole agreement and reported that the City Clerk had a copy of the agreement plus another amendment to the sublease between the City and the Honda Classic Foundation if anyone wished to see them. Mayor Jablin announced the following deletions from the agenda: Field discussion of La -Z- Boy site. Mayor Jablin announced modification to Ordinance 7, 2003: revisions to the landscape buffer along the eastern property line abutting Central Boulevard which had been made by the applicant. Councilmember Russo moved approval of the addition, deletion, and modification as stated by the Mayor. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. ANNOUNCEMENTS / PRESENTATIONS: Mayor Jablin welcomed the new City Attorney, Christine Tatum. New Police Chief Stephen Steff was introduced by the City Manager. Software Selection Committee Report — Eric Holt, Information Systems Director, report ed the status of the selection of a vendor for software for Finance, Human Resources, and Growth Management Departments. Mr. Holt outlined background, goals and objectives, introduced the committee, described the selection process, generation of the RFP, results of the RFP process, described the vendor presentations, and requested the City enter into contract negotiations with the top choice selected vendor, Eaton Systems. Updates would be provided by the vendor as they became available and add -ons during the contract period would only be to provide increased efficiency. The City Manager explained that the cost had been budgeted. Hardware was not being replaced, and the proposed software would link the different departments. Councilmember Clark moved approval of the Software Selection Committee's recommendation. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. ITEMS & REPORTS BY MAYOR AND COUNCIL: Councilmember Delgado reported Palm Beach County Days outdid all the other municipalities in recent activities in Tallahassee. Mayor Jablin reported that he, Councilmember Delgado, the City Manager, and City Engineer had been in Tallahassee for the past couple of days, and with the help of the City's lobbyists had met with quite a few CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/6/03 2 people including Representative Carl Domino, Senator Ken Pruitt, Senator Jeff Atwater, and Ken Morefield from the Florida Department of Transportation. The major presentation to Mr. Morefield was the City's resolution regarding the turnpike interchange, and he had promised to help intercede with the turnpike authority. Also, repairs to the PGA Bridge were requested to be delayed. Councilmember Russo thanked everyone for their help selling skyboxes and tickets, which exceeded all past sales, to make the Honda Classic a successful event. Mayor Jablin reported he had read Green Eggs and Ham to a class at Timber Trace Elementary, and thanked those who had invited him. COMMENTS FROM THE PUBLIC: Steve Martino, Meridian Way, read into the record a letter from his family which thanked the City for sending flowers to his brother Michael's memorial service on February 21, and special thanks to Police Chief Fitzgerald for sending three police officers who provided an escort and stayed for the entire service. CONSENT AGENDA: Councilmember Clark moved approval of the Consent Agenda. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. The following items were approved on the consent agenda: a. Consideration of approving Minutes from the February 6, 2003 Regular City Council Meeting. b. Resolution 12,_2003 — Mirasol Clubhouse Phase III Club Villas / 32 Residential Homes. A resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of a site plan application for Mirasol Clubhouse Villas, which includes 32 condominium units within the Mirasol Planned Community Development (PCD) located between Hood Road and PGA Boulevard, and west of the Ronald Reagan Turnpike, as more particularly described herein; providing for conditions of approval; providing for waivers; providing for conflicts; providing for severability; and providing for an effective date. C. Resolution 38, 2003 — Extending Expiration Date of Financial Assistance Agreement. A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving a revised amendment #2 to the financial assistance agreement with Palm Beach County which allows the city to be reimbursed for funding the preparation of streetscape plans for Northlake Boulevard between Military Trail and U.S. Highway One and authorizing the Mayor and City Clerk to execute same; repealing Resolution 214, 2002; providing for conflicts; providing for severability; and providing for an effective date. d. Resolution 39, 2003 — Award for acoustical wall system. A resolution of the City Council of the City of Palm Beach Gardens, Florida, awarding a contract for the installation of an acoustical wall covering in the City Hall Lobby to Jack Walsh Carpets and Rugs, Inc.; providing for conflicts; providing for severability; and providing for an effective date. e. Resolution 48, 2003 — First Amendment to Agreement with Tropical Sands Church. A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving a first amendment to the agreement with Tropical Sands Church, Inc. For widening of Burns Road and authorizing the Mayor and City Clerk to execute same; providing for severability; and providing for an effective date. CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/6/03 3 PUBLIC HEARINGS: Ordinance 2, 2003 — Budget Amendment — Budget - -Carry Forward Fiscal Year 2003. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment of the City of Palm Beach Gardens budget for the fiscal year beginning October 1, 2002, and ending September 30, 2003, inclusive; providing for conflicts; providing for severability; and providing for an effective date — for consideration of second reading. Finance Administrator Alan Owens summarized the contents of the ordinance. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 2, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to approve Ordinance 2, 2003 upon second reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 2, 2003 on second reading by title only. Ordinance 5, 2003 — Budget Amendment — Fiscal Year 2001/2002 Year End Adjustments. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment of the City of Palm Beach Gardens budget for the fiscal year beginning October 1, 2001, and ending September 30, 2002, inclusive; providing for conflicts; providing for severability; and providing for an effective date — for consideration of second reading. Finance Administrator Alan Owens presented the ordinance. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 5, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to approve Ordinance 5, 2003 upon second reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 5, 2003 on second reading by title only. Ordinance 53, 2002 — Rezoning from PDA to MXD /PUD -- Donald Ross Village-Mixed- Use Planned Unit Development. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of a rezoning from planned development area to mixed use planned unit development to be known as the Donald Ross Village and approval for 156 multi - family residential units, 93 -room hotel, 9,000 square feet of professional (business) office, 3,236 square feet of gas /convenience store, 4,000 square feet of bank, 14,873 square feet of drug store, 13,000 square feet of restaurant use, 2,400 square feet of outdoor seating area for retail, and 88,987 square feet of retail uses on an approximately 45 -acre site generally bounded by Donald Ross Road to the north, Central Boulevard to the west, and Military Trail to the east; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date— for consideration of second reading. Principal Planner Talal Benothman presented the items for which the City Council had requested staff research. Hank Skokowski spoke on behalf of the petitioner and presented proposed draft language for a condition of approval to provide a right -in only turn into the site and offered an area of 12 parking spaces be held as reserve preserve adjacent to the existing preserve until a mitigation plan was submitted. Mr. Skokowski explained the changes that would be necessary to the conditions of approval. Growth Management Charles Wu indicated staff had not had sufficient time to verify the applicant's proposal and did have objections to the right -in only access. Discussion ensued. City Forester Mark Hendrickson agreed with Mr. Wu that more time was needed. Attorney for the applicant John Gary explained the applicant's position. Following comments by councilmembers indicating their positions, the applicant requested CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/6/03 4 postponement. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 53, 2002. Carolyn Chapwick, Hudson Bay Drive, suggested moving the main access. Hearing no further comments from the public, Mayor Jablin requested a motion to continue the public hearing to April 10, 2003. Councilmember Russo made a motion to continue the public hearing for Ordinance 53, 2002 to April 10, 2003. Councilmember Clark seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 6, 2003 — Small Scale Amendment from C to MXD for Legends at the Gardens. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for a small scale Land Use Map amendment to the comprehensive plan of the City of Palm Beach Gardens by changing the land use designation on approximately 8.18 acres of land located at the southwest corner of Central Boulevard and Donald Ross Road, from Commercial (C) to Mixed -Use (MXD); providing for adoption; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date —for consideration of second reading by title only. Senior Planner Kara Irwin presented the request combined with the presentation for Ordinance 7, 2003. Ordinance 7, 2003 — Rezoning from PDA to PUD for Legends at the Gardens. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application for a rezoning of an approximately 21.72 -acre parcel of land from Planned Development Area (PDA) to a Residential Mixed -use Planned Unit Development (PUD) overlay, to be known as "Legends at the Gardens," by approving the construction of 19,375 square feet of business office use, 19,375 square feet of Neighborhood Commercial (CN) use, 186 multi - family dwelling units, and associated amenities, located on the southwest corner of Donald Ross Road and Central Boulevard, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date — for consideration of second reading. Ms. Irwin noted amendments made since first reading. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 6, 2003 and Ordinance 7, 2003. Hearing no comments from public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to approve Ordinance 6, 2003 upon second reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 6, 2003 on second reading by title only. Councilmember Clark made a motion to approve Ordinance 7, 2003with the amendments noted by staff upon second reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance7, 2003 on second reading by title only. Ordinance 9, 2003 — Rezoning from P/I to PUD for Burns Road Community Recreation Campus. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of the rezoning of approximately 15.9 acres of city -owned land from Public / Institutional (P /1), with a partial conditional use overlay, to a Planned Unit Development (PUD) overlay with an underlying zoning of Public / Institutional (P /1), known as the Burns Road Community recreation campus and approving site plan improvements and renovation of a 3,273 square -foot annex building, located at the southeast corner of Military. Trail and Burns Road, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date — for consideration of second reading. Planner Jackie Holloman noted there had been no changes to the elevations or to the landscape plan since CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/6/03 5 first reading. Emily O'Mahoney, Gentile Holloway & O'Mahoney, and Ed Oliver, OGP, reviewed the project. Concern was expressed that the building was not compatible with existing buildings, and suggestions were made for rust banding and window sills. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 9, 2003. Hearing no comments from public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to approve Ordinance 9, 2003 upon second reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 9, 2003 on second reading by title only. RESOLUTIONS: Resolution 41, 2003 — Appointment of one regular member and two alternate members to the Northlake Blvd. Corridor Task Force. A resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the appointment of one regular member and two alternate members to the Northlake Boulevard Corridor Task Force; providing for conflicts; providing for severability; and providing for an effective date. Councilmember Clark made a motion to approve Resolution 41, 2003. Councilmember Russo seconded the motion, which carried by unanimous 5 -0 vote. ORDINANCES: Ordinance 54, 2002 — Text Amendment — Annexation Area Nonconforming Uses. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending section 78 -396, "Valid nonconforming use," of subdivision IV, "Parking and storage of commercial vehicles, boats, busses, trailers, trucks and recreational vehicles," of division 8, "Off- street parking and loading," of article V, "Supplementary district regulations," of chapter 78, "Land Development," of the City Code of Ordinances to provide for the registration of non- conforming uses within the annexed areas; providing for codification; providing for conflicts; providing for severability; and providing for an effective date — for consideration of first reading. Senior Planner Kara Irwin reviewed the proposed ordinance. Consensus was to make the time period for compliance 180 days. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 54, 2002. Hearing no comments from public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place Ordinance 54, 2002 on first reading by title only with staff to make the change from 90 to 180 days before second reading. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance54, 2002 on first reading by title only. ITEMS FOR DISCUSSION: Carl Sabatello — update on Ordinance 10, 2003 LDR Adjustment for build out date re- definitions. Vice Mayor Sabatello reported meeting with Attorney John Gary, who represented the majority of developers and who would coordinate with other developers. Mr. Gary had sent out a letter to the Vice Mayor and to developers. The Vice Mayor indicated that Mr. Gary had been asked to review ordinances and discussions and to list problem areas and suggestions for resolution; and also to speak to the majority of developers to see how the ordinances related to their projects. It was hoped to meet next week to discuss the letter and developers' comments; then staff comments would be requested. The next step might be to meet with Commissioner Marcus and then bring back to the City Council. Vice Mayor CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/6/03 6 Sabatello indicated this process would take some time, and was requested by the City Council to move forward. The Mayor urged everyone to get out to vote on March 11, and announced that on the Green Market on March 9 there would be a rally called Rock the Vote. ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at approximately 9:10 p.m. APPROVAL: ATTEST: PATRICIA- SNIDER CITY CLI✓Rk %„