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.
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VICE MAYO SABATELLO
COUNCILMEMBER CLARK
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