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
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