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HomeMy WebLinkAboutMinutes Council 051503CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING May 15, 2003 The May 15, 2003 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:09 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 reported Ordinance 11, 2003 contained revised language in Section 3, numbers 14, 22, and 23. Resolution 61, 2003 also contained revised language in Section 14, numbers 16 and 20, and in Section 7, numbers 3 and 4. Councilmember Clark made a motion to approve the modifications. Councilmember Russo seconded the motion, which carried by unanimous 5 -0 vote. ANNOUNCEMENTS / PRESENTATIONS: Quarterly Financial Report - Finance Director Alan Owens provided the financial report for the period ending March 31, 2003. Mr. Owens reported on revenues and expenditures for the general fund and for the enterprise or golf course fund, and announced that the first six months of this year looked good. A question and answer session followed the report. ITEMS OF RESIDENT INTEREST: Councilmember Delgado reported that four businesses in the city had each, adopted an elementary school to provide funding for certain programs that would no longer be provided by the county. The presentation of the checks would be held May 21 at 9 a.m. at Palm Beach Gardens Elementary School. Councilmember Russo reported the Honda Classic Foundation had expressed thanks for the help provided by staff. Mayor Jablin reported the flag at the municipal complex was at half mast during this week which was National Police Memorial Week and that a ceremony had been held on Monday with a wreath and plaque placed at the flagpole memorializing the 9 -1 -1 victims. Major Jablin noted that William Matthews had lost his life performing his duty as a police officer of the city in July 1979. New additions to the City Hall were a new sculpture being erected on Military Trail for which there would be a dedication on July 2 "a and the Mayor advised that funds for the sculpture were from developer impact fees. Mayor Jablin reported new moldings and carpeting on the lobby walls of City Hall had been installed, announced a new art exhibit had been hung, the east end of Burns Road had been opened, and thanked Angela Wong, Projects Coordinator, who had coordinated all these projects. Vice Mayor Sabatello thanked everyone who participated in the Burns Road project. Mayor Jablin reported the turnpike authority had met with Steeplechase residents and that the interchange would be going in but would be buffered tremendously so that only very large trucks could be seen by the residents. Mayor Jablin CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/15/03 indicated the Steeplechase residents were pleased with the outcome. CITY MANAGER REPORT: KPBCB (Keep Palm Beach County Beautiful) Grant Writing. Stacy Runde], Grants and Contracts Administrator, presented Resolution 79, 2003 on the Consent Agenda, supporting two applications to Keep Palm Beach County Beautiful, Inc., for two separate sections of the Military Trail median. Ms. Rundel reported that 50% match would be paid by the applicant, and awards would be announced during the summer. Ms. Runde] described the proposed projects. COMMENTS FROM THE PUBLIC: Carol Estrada, 309 Riverside Drive, reported' youngsters had been swimming in the city's pond at the corner of Burns Road and Military Trail. Ms. Estrada commented that at the last City Council meeting, the City Attorney had discouraged residents attending or contributing to workshops, and requested further clarification. The City Attorney clarified that not holding workshops had pertained only to quasi judicial hearings for development order applications, and only affected the City Council and not residents who wanted to meet with developers. CONSENT AGENDA: Councilmember Clark made a motion to approve the Consent Agenda as submitted. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. The following items were approved on the Consent Agenda: a. Resolution 19, 2003 - Equipment Lease 1 Hector Co. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement with Tesco South Company, Inc. for the acquisition of parks maintenance equipment; and providing an effective date. b. Resolution 79, 2003 - KPBCB Grant Application for Project #1 and #2. A Resolution of the City Council of the City of Palm Beach Gardens, Florida supporting the submission of applications for grant funding through Keep Palm Beach County Beautiful, Inc. for median beautification on Military Trail 1 -95 North to the EPB -3 Canal (project 1) and PGA Boulevard South to the city limit (project 2); and providing an effective date. C. Resolution 87, 2003 — Amendment to Inter -local Agreement for School Concurrency. A Resolution of the City Council of Palm Beach Gardens, Florida approving the First Amendment to the Interlocal Agreement with the municipalities of Palm Beach County, Palm Beach County, and the Palm Beach County School District to establish a county -wide public school concurrency; authorizing the Mayor and City Clerk to execute the First Amendment; and providing an effective date. d. Proclamation — Elder Law Month. e. Proclamation — Older Americans Month. PUBLIC HEARINGS: Part I — Quasi - Judicial The City Clerk swore in all those intending to speak to the quasi-judicial hearings on tonight's agenda. Ordinance 11, 2003 Parcel 12.04 Banyan Tree Phase III PUD Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida providing for the approval of an amendment to the Banyan Trec Planned Unit Development (PUD) in order to construct Phase III of the PUD, generally located on the northeast corner of Northlake and MacArthur CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/15/03 3 Boulevards (Parcel 12.04), as more particularly described herein; providing for a waiver; providing for conditions of approval; and providing an effective date — for consideration of second reading. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 11, 2003, and the City Clerk read Ordinance 11, 2003 by title only. Senior Planner Michael Sanchez presented the project. Charles Wu, Growth Management Administrator, presented the median landscaping on Northlake Boulevard, for which the applicant would be required to provide funding and would be reimbursed 50% by the city. Changes in conditions which occurred after preparation of the Council packets were reviewed by Mr. Sanchez. The City Engineer reviewed the proposed turn lane areas. During ensuing discussion, Vice Mayor Sabatello disclosed ex -parte communication with the applicant. George Gentile spoke on behalf of the applicant. Attorney John Gary, representing Sundown Development, discussed the proposed turn lanes. Consensus of the City Council was to send a letter to the county requesting impact fee credits for Northlake Boulevard. Consensus was for the City to provide funding for median landscaping at the banyan tree entrance so it could be done all at once and then to be reimbursed 50% by either phase one or two at appropriate times. Councilmember Clark indicated he did not recall if he had spoken with the petitioner regarding this project. Mayor Jablin reported one conversation with the petitioner. Carol Estrada, 309 Riverside Drive, indicated there were 7,000 cars going north on MacArthur Boulevard as of two years ago, and expressed concern that extra traffic would impact the bridge and flood her neighborhood with traffic. The City Manager indicated some of the MacArthur Boulevard improvements would be designed to discourage through traffic. It was clarified the right turn prior to MacArthur Boulevard was based on scientific information. Ms. Estrada indicated she had been speaking regarding the traffic on MacArthur Boulevard. Further discussion ensued regarding traffic concerns. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Mr. Sanchez proposed one additional condition: "The applicant shall comply with Section 78 -324 of the City's Land Development Regulations which is called Roadway Beautification Plan, which requires the developer to maintain the landscaping on the rights - of -way adjacent to the property. " The applicant agreed to the additional condition. Councilmember Clark made a motion that Ordinance 11, 2003 be placed on second reading by title only and approved with the amendments read into the record by staff and presented to the City Council this evening in writing. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. Resolution 61, 2003 — Old Palm Golf Club Parcel C. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a site plan to allow for the development of 92 custom single- family homes within Parcel "C" of the Old Palm Golf Club Planned Community District (PCD), as more particularly described herein; providing for conditions of approval; providing for waivers; and providing an effective date. The City Clerk read Resolution 61, 2003 by title only. Mayor Jablin declared the public hearing open, held on the intent of Resolution 61, 2003. During! disclosure of ex -parte communications, Councilmember Clark and Mayor Jablin disclosed they had met with staff and the petitioner; Councilmember Delgado disclosed she had met with staff regarding this petition. Senior Planner Michael Sanchez presented the project. Henry Skokowski spoke on behalf of the petitioner. Discussion regarding setbacks ensued. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/15/03 4 Councilmember Clark made a motion to approve Resolution 61, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 72, 2003 — Evergrene PCD Parcel 6 — 74 Single Family Homes. A Resolution of the City Council of the City of Palm Beach Gardens, Florida providing for approval of a site plan for parcel 6 of the Evergrene PCD to allow the construction of 74 single - family homes on a 14.79 -acre parcel and an amendment to Re; solution 182, 2001 to delete condition 11, and Resolution 201, 2002 to delete condition 4; providing for conditions of approval; providing for waivers; and providing an effective date. The City Clerk read Resolution 72, 2003 by title only. During disclosure of ex -parte communications, Councilmember Delgado reported she had met with staff regarding this petition. Mayor Jablin declared the public hearing open held on the intent of Resolution 72, 2003. Planner Brad Wiseman presented the project. Clearance between buildings to access rear yards was discussed. Hank Skokowski spoke on behalf of the petitioner. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to approve Resolution 72, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 84, 2003 — Frenchman's Reserve PCD Pod H. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the site plan for Pod H of the Frenchman's Reserve PCD to allow the construction of 56 multi - family homes on a 13.18 - acre parcel; providing for conditions of approval; providing for waivers; and providing an effective date. Mayor Jablin declared the public hearing open, held on the intent of Resolution 84, 2003. The City Clerk read Resolution 84, 2003 by title only. During disclosure of ex -parte communications, Councilmember Delgado reported she had met with staff, Mayor Jablin and Councilmember Russo reported they had met with the petitioner. Planner Brad Wiseman presented the project. Questions were raised regarding the two -way access required by P &Z. Al Malefatto spoke on behalf of the applicant and requested being able to maintain one -way in and one -way out. Bob Benz, Land Design South, spoke regarding the access design. Fred Barlow, Chairman of an ad hoc committee for Frenchman's Creek, representing residents along the southern border of Frenchman's Creek affected by the Hood Road extension and read aloud a letter expressing the concerns; and expressed his support of this resolution without changing to two -way access. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to approve Resolution 84, 2003 with changes as read into the record by the petitioner: deletion of condition 18 of Section 3 and to amend condition 5 of Section 4 to read: "Section 78 -4980 road surfacing and improvements to allow for a minimum 32 foot right -of -way width of local roadways" and also to add the requirement for inclusion of stop signs. Councilmember Delgado seconded the motion, which carried by 3 -2 vote with Vice Mayor Sabatello and Councilmember Russo opposed. Resolution 91, 2003 — Downtown at the Gardens. Regional Center DRI Parcels 27.12 & 27.14 A Resolution of the City Council of;the City of Palm Beach Gardens, Florida approving an amendment to the MacArthur Center signage program (Resolution 64, 1998); approving the site plan for Downtown At The Gardens within the Regional Center Development of Regional Impact (DRI) to allow the development of 26,000 square feet of Neighborhood Commercial, 220,745 square feet of Retail/ Restaurant, 67,690 square feet (up to 3,220 seats) of Cinema, and 20,000 square feet of Professional Office use; providing for conditions of approval; providing for waivers; and providing an effective date. Mayor Jablin declared the public hearing open held on the intent of Resolution 91, 2003. The City Clerk CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/15/03 5 read Resolution 91, 2003 by title only. During disclosure of ex -parte communications, Mayor Jablin and Councilmember Clark indicated they had talked with both staff and the petitioner, and Councilmember Delgado reported she had spoken to staff regarding this petition. Principal Planner Talal Benothman presented the project. Preference for enclosed electrical rooms was expressed by Councilmember Clark and Mayor Jablin. Greg Menin, developer, and Donaldson Hearing spoke on behalf of the applicant. Applicant agreed their $800,000 contribution for changing cultural to commercial zoning would be due with the first vertical building permit. Applicant was requested to provide a workable valet parking plan. The City Attorney recommended delaying this resolution until June 5 since it could not become effective until the NOPC had been approved. It was indicated that Vice Mayor Sabatello could provide his concerns to staff. Councilmember Clark made a motion to continue the public hearing for Resolution 91, 2003 to the City Council meeting of June 5, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 92, 2003 — Lake Plan. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Lake Tracts Improvement site plan for the Lake /Park area within the Regional Center Development; of Regional Impact (DRI); and providing an effective date. Mr. Hearing indicated this plan included the sidewalk, lighting, and benches along the lake and pedestrian lighting extended to PGA Boulevard. Mayor Jablin declared the public hearing open held on the intent of Resolution 92, 2003. Hearing no comments from the public, Mayor Jablin closed the public hearing. Councilmember Russo confirmed with Mr. Benothman that staff had no concerns that anything could come up that would affect the other Resolution 91, 2003. and confirmed with the City Attorney that if anything did come up it could be reconsidered. The City Clerk read Resolution 92, 2003 by title only. Councilmember Clark made a motion to approve Resolution 92, 2003. Councilmember Delgado seconded the motion. Motion carried 4 -1 with Vice Mayor Sabatello opposed because he felt it had been considered too quickly and he did not understand it. CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/15/03 6 ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at approximately 11:30 p.m. F�I9 9 = VICE MAYO SABATELLO COUNCILMEMBER CLARK C>11"Y"l^;LLKli