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HomeMy WebLinkAboutMinutes Council 060503CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING June 5, 2003 The June 5, 2003 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:04 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, Councilmember Clark, and Councilmember Delgado. Vice Mayor Sabatello joined during the next agenda item. Councilmember Russo was absent from the meeting. ADDITIONS, DELETIONS, MODIFICATIONS: Mayor Jablin reported that consent agenda item (f), Resolution 101, 2003 Harbour Oaks Plat, was postponed to the June 19, 2003 agenda; that under Part 2, Regular Public Hearings, the telecommunications tower ordinance amendments had been changed and the changes were outlined in a sheet which had been provided to all Councilmembers; and that under Part 10, Resolutions, Resolution 98, 2003 for Anspach additional parking would be moved to be under quasi-judicial. Councilmember Clark made a motion to approve the changes to the agenda. Councilmember Delgado seconded the motion, which carried by unanimous 3 -0 vote. Vice Mayor Sabatello joined the meeting at this point. ITEMS OF RESIDENT INTEREST Councilmember Delgado reported that the Adopt A School Program which was conducted in the elementary schools within the City had been a great success, with each school to receive between $5,000 and $6,000. Each school had received $1,000 initially. Councilmember Clark reported the Environmental and Beautification Committee had completed the final draft of the environmental brochure. which would be presented to the City Council in July. Councilmember Clark requested for the next charter review as the City approached build -out to consider geographical districting with at -large voting for City Councilmembers. Mayor Jablin recommended another item to be considered for the next charter review would be election of the Mayor. COMMENTS FROM THE PUBLIC There were no comments from the public. CONSENT AGENDA Councilmember Clark made a motion to approve the Consent Agenda with the exception of item (f). Councilmember Delgado seconded the motion. Vice Mayor Sabatello requested item (c) and (g) be pulled and stated for item (e) that he is a homebuilder in BallenIsles and did not have a conflict in voting on item (e) Councilmember Clark withdrew his motion and made a motion to approve the Consent Agenda with the exception of item (c), (f) and (g), Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. The following items were approved on the Consent Agenda: a. Consideration of approving Minutes from the May 1, 2003 Regular City Council Meeting. b. Consideration of approving Minutes from the May 15, 2003 Regular City Council Meeting. d. Resolution 96, 2003 --Award of bid for medical services. A Resolution of the City CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/5/03 Council of the City of Palm Beach Gardens, Florida approving an agreement with Coach Comp America to provide City Medical services; and providing an effective date. e. Resolution 99, 2003 — BallenIsles Temporary Sales Center Time Extension. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a time extension for the BallenIsles temporary sales center located on the West side of BallenIsles Drive approximately 700 feet South of PGA Boulevard, in the BallenIsles Planned Community Development, as more particularly described herein; and providing an effective date. h. Resolution 103, 2003 — Consider approval of award of contract to D.S. Eakins for construction of the Burns Road outfall pipe. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a piggyback contract to D.S. Eakins Construction Corporation for the construction of the Burns Road outfall pipe; and providing an effective date. Discussion of item (c): C. Resolution 90, 2003 — Consider approval of a proposal from Ranger Construction for construction of the Weiss School parking lot. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a piggyback contract for the Weiss School parking lot paving and drainage improvements to Ranger Construction Industries, Inc.; and providing an effective date. Vice Mayor Sabatello questioned if the construction would meet code. Staff indicated that this Resolution was concerning the Burns Road widening and that code would be met. g. Resolution 102, 2003 — Consider approval of award of proposal to Global Electric, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a piggyback contract to Global Electric, Inc. for the installation of conduit and pull boxes for the Burns Road and Weiss School lighting; and providing an effective date. Vice Mayor Sabatello questioned if the electrical was on the Weiss property. Staff indicated this electrical work was in conjunction with the Burns Road widening and alignment of the access. Councilmember Clark made a motion to approve Resolution 90, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. Councilmember Clark made a motion to approve Resolution 102, 2003. Vice Mayor Sabatello seconded the motion, which carried by unanimous 4 -0 vote. PUBLIC HEARINGS - PART I — Quasi- Judicial Mayor Jablin outlined the procedure for quasi-judicial hearings. The City Clerk swore in all those intending to speak to Resolution 93, 2003, Resolution 91, 2003, Ordinance 14, 2003, Resolution 71, 2003 and Resolution 98, 2003. Resolution 93, 2003 — Amendment to the Regional Center DRI/PCD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending Resolution 96, 1999 the consolidated and amended development order for The Regional Center Development Order for the Regional Center Development of Regional Impact (DRI) and Planned Community District (PCD); amending the master development plan to add a right- in/right -out entrance along Alternate A -1 -A, relocate the multi - family residential land -use category to Parcel 27.13, reduce the minimum allowable business office square footage category by 80,000 square feet, designate a separate land -use category for the cinema, and amend the conversion matrix to include an equivalency provision/rate, as reflected on "exhibit A" attached hereto, CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/5/03 3 to allow for the conversion of uses between the retail and cinema land -use categories; authorizing the City Clerk to transmit copies of this Resolution to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, and MacArthur Center Property Owner's Association, Inc.; and providing an effective date. The City Clerk read Resolution 93, 2003 by title only. Principal Planner Talal Benothman presented the request. Discussion included the contract with Catalfumo, and that open space had been approved. Donaldson Hearing indicated the petitioner had no comments. Mayor Jablin declared the public hearing open, held on the intent of Resolution 93, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmembers Clark and Delgado and Mayor Jablin indicated they had had no exparte communications other than with staff. Vice Mayor Sabatello indicated he had had no exparte communication on this item. Councilmember Clark made a motion to approve Resolution 93, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. 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. The City Clerk read Resolution 91, 2003 by title only. Principal Planner Talal Benothman presented the request and read changed conditions into the record. Discussion included that WCI as master developer would be responsible for the traffic portion of improvements and that the electrical equipment would not have to be enclosed. Donaldson Hearing provided a presentation on behalf of the petitioner. Vice Mayor Sabatello disclosed that he had met with staff and the petitioner. Staff and the petitioner answered questions from the City Council. Mayor Jablin announced this was a continuance of the public hearing so the public hearing was open, held on the intent of Resolution 91, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to approve Resolution 91, 2003 with the changes as read into the record by staff and with condition 10 changed from 30 to 120 days. Councilmember Delgado seconded the motion. Under discussion of the motion Councilmember Delgado indicated she had had exparte communications with staff; Mayor Jablin, Vice Mayor Sabatello, and Councilmember Clark indicated they had had exparte communications with both the petitioner and staff. Condition 10 was clarified by the City Attorney to read: Within 120 days of the effective date of this resolution, the applicant shall revise all applicable plans and calculations to include square footage consistent with the code requirements in effect as of that date. Councilmember Clark stated he would withdraw his motion and remake his motion with the changes as read into the record by staff and by the City Attorney. Councilmember Delgado seconded the motion. Vice Mayor Sabatello indicated he thought this was a great project, but he was not voting in favor because he was not comfortable with the connection to the parking garage or the sea of parking. Motion carried by unanimous 3 -1 vote. CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/5/03 4 Ordinance 14, 2003 Old Palm PCD Amendment — Condition of Approval An Ordinance of the City Council of the City of Palm Beach Gardens, Florida providing for an amendment to Condition No. 21 and Condition No. 39 of Ordinance 32, 2002, which approved the Old Palm Golf Club Planned Community Development; providing for an effective date — for consideration of second reading. The City Clerk read Ordinance 14, 2003 by title only. Senior Planner Michael Sanchez was present to answer questions. There were no questions of staff or the petitioner. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 14, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Vice Mayor Sabatello stated he had had no exparte communications and that he was not a homebuilder in Old Palm and had no conflict in Old Palm. Councilmember Clark and Mayor Jablin reported they had had exparte communications with both staff and the petitioner. Councilmember Clark made a motion to place Ordinance 14, 2003 on second reading and to approve Ordinance 14, 2003. Councilmember Delgado seconded the motion. Motion carried by unanimous 3 -0 vote. Resolution 71, 2003 — Site Plan Amendment for Parcels 27.05/06. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to a previously approved site plan for Parcel 27.05/06 within the Regional Center Development of Regional Impact (DRI) to allow the replacement of a 24,500 square -foot two -story office building 2 with two single -story office buildings known as buildings 8 and 9 with a total square footage of 19,978; providing for conditions of approval; providing for waivers; and providing an effective date. The City Clerk read Resolution 71, 2003 by title only. Principal Planner Talal Benothman presented the proposed amendment. Ryan Johnston, Catalfumo Development, was present to answer questions on behalf of the petitioner. Councilmember Clark and Mayor Jablin questioned why there were still two one -story buildings. Joey Eichner reviewed the changes that had been made and indicated the petitioner did not think a two - story building would be appropriate. Discussion ensued. Mayor Jablin declared the public hearing open held on the intent of Resolution 71, 2003. Councilmember Clark made a motion to continue the public hearing to July 3, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. Resolution 98, 2003 — Anspach Additional Parking Area. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to a previously approved site plan for the Anspach effort within the Northcorp Planned Community Development (PCD) to allow for the expansion of a parking lot by 37 spaces; providing for conditions of approval; providing for waivers; and providing an effective date. The City Clerk read Resolution 98, 2003 by title only. Planner Autumn Sorrow presented the project. Mayor Jablin declared the public hearing open, held on the intent of Resolution 98, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmembers indicated no exparte communications. Councilmember Clark made a motion to approve Resolution 98, 2003. Vice Mayor Sabatello seconded the motion, which carried by unanimous 4 -0 vote. PART II — Regular Public Hearing Ordinance 8, 2003 —Communication Tower Amendments An ordinance of the City Council of the City of Palm Beach Gardens, Florida providing for an amendment to the city code of ordinances relating to the location and siting of telecommunications towers; amending Section 78 -154, "Planned Unit Development Overlay District (PUD)," Section 78 -155, "Planned Community Development Overlay District (PCD)," and Section 78 -159, Footnote CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/5/03 5 (64), "Wireless Telecommunication Facilities," of Chapter 78, "Land Development," providing for codification; providing for conflicts; providing for severability; and providing for an effective date — for consideration of second reading. The City Clerk read Ordinance 8, 2003 by title only. Planner Jackie Holloman presented the project and read into the record amendments proposed by staff. Mayor Jablin declared the public hearing open held on the intent of Ordinance 8, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to approve Ordinance 8, 2003 on second reading with the amendments as read into the record by staff. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. RESOLUTIONS Resolution 97, 2003 — South Trust in the Regional Center — Art in Public Places. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places proposal for South Trust Bank on Parcel 27.04 South within the Regional Center DRI, located on the Northeast corner of the intersection of Kew Gardens Drive and PGA Boulevard, as more particularly described herein; providing for conditions of approval; and providing an effective date. Growth Management Administrator Charles Wu presented the project, for which staff recommended denial since the location of the proposed art would not be visible from PGA Boulevard. Danny Brown spoke on behalf of the petitioner. Following discussion, no action was taken on Resolution 97, 2003. Resolution 94, 2003 — Approving a Second Term Permit Interlocal Agreement with Northern Palm Beach County Improvement District. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the Mayor and City Clerk to execute the NPDES Second Term Permit Interlocal Agreement with Northern Palm Beach County Improvement District; and providing an effective date. Since there were no questions or objections, Councilmember Clark moved approval of Resolution 94, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. ITEMS FOR COUNCIL ACTION /DISCUSSION Vice Mayor Sabatello questioned the status of the improvements to the park at Lake Catherine. Staff provided an update indicating that the improvements and the proposed bus shelter would be put out to bid for design/build. Mayor Jablin announced that the community information and hurricane meeting had been rescheduled for June 26, 2003 at 6:30 p.m. Consensus was for Mayor Jablin to send a letter to the School Board in support of Palm Beach Gardens High School magnet program coordinator Arnie Faulk. CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/5/03 ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at approximately 9:20 p.m. APPROVAL: ATTEST: PATRICIA SNIDER CITY CLERK MA VICE MAYOR SABATELLO aA A110 COUNCILMEMBER CLARK