HomeMy WebLinkAboutMinutes Council 101603CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
October 16, 2003
The October 16, 2003 Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at approximately 7:50 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 Deputy 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 that Resolution 174, 2003, Resolution 175, 2003, and Resolution 183, 2003
had been deleted from the agenda. Councilmember Clark made a motion to approve the deletions as
presented. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 Vote.
PUBLIC COMMENTS:
Leona Grant, Balsam Street, read into the record a request that the trees be saved on Balsam with
installation of new sod in the swale. Ms. Grant stated she was representing about 25 residents on the
block.
CONSENT AGENDA:
Councilmember Clark made a motion to approve the consent agenda. Councilmember Delgado
seconded the motion. During discussion of the motion, Councilmember Russo requested that
Resolution 174, 2003 and Resolution 175, 2003, which had been pulled from the agenda, not be
placed on the consent agenda when re- presented. Vice Mayor Sabatello stated that Resolution 144,
2003 and Resolution 186, 2003 both pertained to Mirasol, and that he was a homebuilder in Mirasol
but would have no benefit from these items, so he would vote on these resolutions. The vote on the
motion carried by unanimous 5 -0 Vote. The following items were approved on the consent agenda.
a. Consideration of approving Minutes from the September 18, 2003 regular City Council
Meeting
b. Resolution 144, 2003 - Agreement to provide Uniform Traffic Control within the Country
Club at Mirasol Community. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving an agreement for traffic control jurisdiction between the City
of Palm Beach Gardens and the Country Club at Mirasol Community Association, Inc.;
and providing an effective date.
C. Resolution 158, 2003 — Declaration of Surplus Assets. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida declaring certain items of personal property
as surplus property and authorizing its sale by auction; providing for conflicts; providing
for severability; and providing for an effective date.
d. Resolution 173, 2003 — Old Palm PCD — Parcel C: Relocation of showcase homes. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the
site plan approval for Parcel `C' of the Old Palm Golf Club Planned Community
Development; and providing an effective date.
g. Resolution 178, 2003 — Consider a contract award to REP Services, Inc. for playground
equipment installation at Riverside Community Center. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida awarding a piggyback contract for the
CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/16/03
installation of playground equipment at Riverside Drive Community Center to REP
Services, Inc.; and providing an effective date.
i. Resolution 186, 2003 — Mirasol Parcel Fourteen Subdivision Plat. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving the Mirasol Parcel
Fourteen Subdivision Plat; and providing an effective date.
j. Resolution 187, 2003 — U. S. Department of Justice Grant. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida accepting the COPS Universal
Hiring Grant from the US Department of Justice and approving city matching funds; and
providing an effective date.
k. Proclamation for the American Jewish Committee
1. Proclamation for Epilepsy Month.
M. Proclamation for Prosperity Oaks Day
PUBLIC HEARINGS:
Mayor Jablin announced there were eight future land use public hearings tonight. Mayor Jablin
reviewed the procedure for quasi-judicial hearings and announced that quasi-judicial hearings were
being held tonight on Ordinance 25, 2003; Ordinance 29, 2003; Ordinance 26, 2003; Ordinance 28,
2003, and Ordinance 27, 2003. The Deputy City Clerk swore in all those intending to offer
testimony on these cases.
Garden Oaks:
Ordinance 30, 2003 — Garden Oaks FLUP. An Ordinance of the City Council of the City of Palm
Beach Gardens, Florida approving a land use map amendment to the comprehensive plan of the City
of Palm Beach Gardens relating to certain property consisting of approximately 116.3 acres,
generally located on the east side of Military Trail approximately 1,250 feet south of Northlake
Boulevard, commonly referred to as "Garden Oaks," to change the land use designation from a Palm
Beach County residential high 8 (RH8) land use designation to a City of Palm Beach Gardens
residential low (RL) land use designation; and providing an effective date — for consideration of first
reading. Mayor Jablin requested to forego the staff presentation on this and the other future land use
public hearings. The Deputy City Clerk read Ordinance 30, 2003 by title only. Mayor Jablin
declared the public hearing open held on the intent of Ordinance 30, 2003. Hearing no comments
from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a
motion to place Ordinance 30, 2003 on first reading by title only. Councilmember Delgado seconded
the motion. The motion carried by unanimous 5 -0 Vote. Councilmember Delgado advised all of
these items were on her agenda for the next day's meeting of the Treasure Coast Regional Planning
Council and asked if there was anything she needed to present there. Growth Management
Administrator Charles Wu advised preliminary comments had been received and would be on the
consent agenda at the next day's meeting.
Ordinance 25, 2003 —Garden Oaks Rezonins An Ordinance of the City Council of the City of Palm
Beach Gardens, Florida rezoning a 116.30 -acre parcel of land, known as Garden Oaks planned unit
development (PUD), located approximately 1,250 feet south ofNorthlake Boulevard, on the east side
of Military Trail, as more particularly described herein, from a Palm Beach County zoning
designation of residential medium (RM) to a City zoning designation of residential low -3 (RL-3);
amending the City of Palm Beach Gardens official zoning map accordingly; adopting the planned
unit development (PUD) standards originally adopted by the Palm Beach County board of County
Commissioners; and providing an effective date — for consideration of first reading. The Deputy
City Clerk read Ordinance 25, 2003 by title only. Mayor Jablin declared the public hearing open
CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/16/03
held on the intent of Ordinance 25, 2003. Hearing no comments from the public, Mayor Jablin
declared the public hearing closed. Mayor Jablin requested any exparte communications be
disclosed by the Councilmembers. No one reported any exparte communications. Councilmember
Clark made a motion to place Ordinance 25, 2003 on first reading by title only. Councilmember
Delgado seconded the motion. The motion carried by unanimous 5 -0 Vote.
Mary Circle:
Ordinance 23, 2003 — Mary Circle Commercial Land Use Amendment. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida approving a small scale land use map
amendment to the comprehensive plan of the City of Palm Beach Gardens relating to certain property
consisting of approximately 1.54 acres, generally located on the east side of Military Trail
approximately 1,100 feet south of Northlake Boulevard, commonly referred to as the "Mary Circle"
commercial development, to change the land use designation from a Palm Beach County commercial
high 8 (CH8) land use designation to a City of Palm Beach Gardens commercial (C) land use
designation; and providing an effective date — for consideration of first reading. The Deputy City
Clerk read Ordinance 23, 2003 by title only. Mayor Jablin declared the public hearing open held on
the intent of Ordinance 23, 2003. Hearing no comments from the public, Mayor Jablin declared the
public hearing closed. Councilmember Clark made a motion to place Ordinance 23, 2003 on first
reading by title only. Councilmember Delgado seconded the motion. The motion carried by
unanimous 5 -0 Vote. Ordinance 29, 2003 — Mary Circle Commercial Rezoning. An Ordinance of
the City Council of the City of Palm Beach Gardens, Florida rezoning a 1.54 -acre parcel of land
known as Mary Circle commercial, located on the east side of Military Trail, approximately 1,100
feet south of Northlake Boulevard, as more particularly described herein, from a Palm Beach County
zoning designation of residential medium (RM) to a City zoning designation of general commercial
(CG -1); providing for conditional use approval for a day care center; amending the City of Palm
Beach Gardens official zoning map accordingly; adopting non - conforming language; and providing
an effective date — for consideration of first reading. The Deputy City Clerk read Ordinance 29,
2003 by title only. Mayor Jablin declared the public hearing open held on the intent of Ordinance 29,
2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed.
Mayor Jablin requested any exparte communications be disclosed by the Councilmembers. No one
reported any exparte communications. Councilmember Clark made a motion to place Ordinance 29,
2003 on first reading by title only. Councilmember Delgado seconded the motion. The motion
carried by unanimous 4 -0 Vote.
Ordinance 21, 2003 — Mary Circle Land Use Amendment. An Ordinance of the City Council of the
City of Palm Beach Gardens, Florida approving a small scale land use map amendment to the
comprehensive plan of the City of Palm Beach Gardens relating to certain property consisting of
approximately 8.04 acres, generally located on the east side of Military Trail, immediately north of
the Garden Oaks residential community, commonly referred to as the "Mary Circle" residential
development, to change the land use designation from a Palm Beach County residential high 8 (RH8)
land use designation to a City of Palm Beach Gardens residential low (RL) land use designation; and
providing an effective date — for consideration of first reading. The Deputy City Clerk read
Ordinance 21, 2003 by title only. Mayor Jablin declared the public hearing open held on the intent of
Ordinance 21, 2003. Hearing no comments from the public, Mayor Jablin declared the public
hearing closed. Councilmember Clark made a motion to place Ordinance 21, 2003 on first reading
by title only. Councilmember Delgado seconded the motion. The motion carried by unanimous 5 -0
CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/16/03
Vote. Ordinance 26, 2003 — Mary Circle Rezoning. An Ordinance of the City Council of the City of
Palm Beach Gardens, Florida rezoning a 8.04 -acre parcel of land known as Mary Circle residential
area, located on the east side of Military Trail, immediately north of Garden Oaks residential
community, as more particularly described herein, from a Palm Beach County zoning designation of
residential high/8 (RH/8) to a City zoning designation of residential law -3 (RL -3); amending the City
of Palm Beach Gardens official zoning map accordingly; adopting non - conforming language; and
providing an effective date — for consideration of first reading. The Deputy City Clerk read
Ordinance 26, 2003 by title only. Mayor Jablin declared the public hearing open held on the intent of
Ordinance 26, 2003. Hearing no comments from the public, Mayor Jablin declared the public
hearing closed. Mayor Jablin requested any exparte communications be disclosed by the
Councilmembers. No one reported any exparte communications. Councilmember Clark made a
motion to place Ordinance 26, 2003 on first reading by title only. Councilmember Delgado seconded
the motion. The motion carried by unanimous 3 -0 Vote.
Sunset Drive:
Ordinance 22 2003 — Sunset Drive Commercial Land Use Amendment An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida approving a small scale land use map
amendment to the comprehensive plan of the City of Palm Beach Gardens relating to certain property
consisting of approximately 2.13 acres, generally located on the southwest corner of Northlake
Boulevard and Interstate 95, commonly referred to as the "Sunset Drive" commercial development,
to change the land use designation from a Palm Beach County commercial high 8 (CH8) land use
designation to a City of Palm Beach Gardens commercial (C) land use designation; and providing an
effective date — for consideration of first reading. The Deputy City Clerk read Ordinance 22, 2003
by title only. Mayor Jablin declared the public hearing open held on the intent of Ordinance 22,
2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed.
Councilmember Clark made a motion to place Ordinance 22, 2003 on first reading by title only.
Councilmember Russo seconded the motion. The motion carried by unanimous 4 -0 Vote.
Ordinance 28.2003 — Sunset Drive Commercial Rezonins. An Ordinance of the City Council of the
City of Palm Beach Gardens, Florida rezoning a 2.13 -acre parcel of land known as Sunset Drive
commercial area, located on the southwest corner of the intersection of Northlake Boulevard and
Interstate 95, as more particularly described herein, from a Palm Beach County zoning designation of
residential medium (RM) to a City zoning designation of general commercial (CG -1); amending the
City of Palm Beach Gardens official zoning map accordingly; adopting non - conforming language;
and providing an effective date — for consideration of first reading. The Deputy City Clerk read
Ordinance 28, 2003 by title only. Mayor Jablin declared the public hearing open held on the intent of
Ordinance 28, 2003. Hearing no comments from the public, Mayor Jablin declared the public
hearing closed. Mayor Jablin requested any exparte communications be disclosed by the
Councilmembers. No one reported any exparte communications. Councilmember Clark made a
motion to place Ordinance 28, 2003 on first reading by title only. Councilmember Russo seconded
the motion. The motion carried by unanimous 4 -0 Vote.
Ordinance 31.2003 — Sunset Drive FLUP. An Ordinance of the City Council of the City of Palm
Beach Gardens, Florida approving a land use map amendment to the comprehensive plan of the City
of Palm Beach Gardens relating to certain property consisting of approximately 25.05 acres,
generally located on the west side of Interstate 95, south of Northlake Boulevard, commonly referred
to as the "Sunset Drive" residential development, to change the land use designation from a Palm
Beach County residential high/8 (RH /8) land use designation to a City of Palm Beach Gardens
4
CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/16/03
residential medium (RM) land use designation; and providing an effective date — for consideration of
first reading. The Deputy City Clerk read Ordinance 31, 2003 by title only. Mayor Jablin declared
the public hearing open held on the intent of Ordinance 31, 2003. Hearing no comments from the
public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to
place Ordinance 31, 2003 on first reading by title only. Councilmember Russo seconded the motion.
The motion carried by unanimous 4 -0 Vote.
Ordinance 27, 2003 —Sunset Drive Rezoning . An Ordinance of the City Council of the City of Palm
Beach Gardens, Florida rezoning a 25.05 -acre parcel of land known as Sunset Drive residential area,
located on the west side of Interstate 95, south of Northlake Boulevard, as more particularly
described herein, from a Palm Beach County zoning designation of residential medium (RM) to a
City zoning designation of residential medium (RM); amending the City of Palm Beach Gardens
official zoning map accordingly; adopting non - conforming language; and providing an effective date
— for consideration of first reading. The Deputy City Clerk read Ordinance 27, 2003 by title only.
Mayor Jablin declared the public hearing open held on the intent of Ordinance 27, 2003. Hearing no
comments from the public, Mayor Jablin declared the public hearing closed. Mayor Jablin requested
any exparte communications be disclosed by the Councilmembers. No one reported any exparte
communications. Councilmember Clark made a motion to place Ordinance 27, 2003 on first reading
by title only. Councilmember Delgado seconded the motion. The motion carried by unanimous 4 -0
Vote.
Resolution 195, 2003 - a companion item to Resolution 188, 2003 and NOT a public hearing:
Resolution 195, 2003 — Interlocal Agreement with School Board re: Howell Watkins. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida approving an Interlocal agreement
between the City of Palm Beach Gardens and the School District of Palm Beach County for shared
use of parking and recreational facilities at H. L. Watkins Middle School; and providing an effective
date. Charlotte Prezinski made the staff presentation, and other staff members answered questions
from the Council. A representative from the School Board made comments. Mayor Jablin
announced that two members of the public had signed up to speak to Resolution 188, 2003, and they
would be heard at this time in case their comments were relative to Resolution 195, 2003 also.
Michael Viea, 380 Astor Street, President of the Softball Association at Lake Catherine and
basketball coach, commented if the interlocal agreement were approved there would be safer lighted
areas for the girls to play. Tory Buckley, 4454 Daffodil Circle South, President of PBGYA main
board and a member of the Parks & Recreation Advisory Board, commented there were few
opportunities to provide these type of recreational facilities for the city, and this would provide a
modern safe, park and future recreational facilities at very little cost for all age groups; and reviewed
advantages of the interlocal agreement, which he urged be approved. Carol Estrada, Riverside Drive,
spoke in favor of the project and asked that the bridge not be overloaded. Councilmember Clark
made a motion to approve Resolution 195, 2003. Councilmember Delgado seconded the motion.
The motion carried by unanimous 5 -0 Vote.
Resolution 188, 2003 — Howell Watkins Middle School Expansion. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving a conditional use allowing the expansion of
the Howell L. Watkins Middle School, including the construction of 172,749 square feet of new
school space and the demolition of certain existing school buildings on site, generally located on the
East side of MacArthur Boulevard approximately 1,500 feet North of Northlake Boulevard, as more
particularly described herein; and providing an effective date. Senior Planner Michael Sanchez
CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/16/03
presented highlights of the project. Mayor Jablin declared the public hearing open, held on the intent
of Resolution 188, 2003. The Deputy City Clerk read Resolution 188, 2003. David Yan from the
School District Planning Department thanked staff for working with them. Councilmember Russo
thanked the School District and staff. Councilmember Delgado recognized the District 1
representative. Hearing no further comments from the public, Mayor Jablin declared the public
hearing closed. During disclosure of exparte communications, Councilmember Delgado reported
she had gone over the project with staff and had spoken with the School Board representative; Mayor
Jablin reported he had been in touch with School Board representatives and the Principal of Howell
Watkins School, and attended public meetings. Councilmember Clark thanked staff and the School
Board, and moved approval of Resolution 188, 2003. Councilmember Delgado seconded the
motion, which carried by unanimous 5 -0 Vote.
Ordinance 10.2003 — Build Out Date. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida relating to build out dates for development orders; amending section 78 -61, Code
of Ordinances entitled "Effective Period of Development Orders and Enforcement Conditions;"
amending section 78 -77, Code of Ordinances entitled " Concurrency Certificates;" providing for
codification; and providing an effective date — for consideration of first reading. The Deputy City
Clerk read Ordinance 10, 2003 on first reading by title only. City Engineer Dan Clark made the staff
presentation. Vice Mayor Sabatello requested and received direction from the City Attorney that
this order was of general applicability throughout the City, and Mr. Sabatello was not involved in any
of the developments that would receive automatic extensions, and it was her advice to Mr. Sabatello
and to Mr. Russo that they were free to vote on this ordinance. The County's position and procedure
for granting extensions were discussed. Staff was requested to look at changing the procedure for
extensions to be heard by the City Council instead of Planning and Zoning, which was a non - elected
board. Residents Howard Depps, Mrs. DeFrancesco, and Mr. Richard Prizer yielded their time to
Dr. Richard Orman, who indicated approximately 90 members of the PGA Corridor Coalition were
present. Dr. Orman made a power point presentation on behalf of the PGA Corridor Coalition.
Discussion ensued regarding whether Ordinance 10, 2003 was in accordance with the comprehensive
plan, and the benefits to the city. Vito DeFrancesco, 1049 Shady Lakes, reported his conversation
with county staff regarding concurrency evaluation, to which staff responded. Attorney John Gary,
representing a coalition of developers, agreed with the City Attorney's opinion regarding extensions
of concurrency certificates, and spoke in favor of Ordinance 10, 2003. City Attorney Tatum advised
an amendment was attached to Ordinance 10, 2003 which staff recommended be included in first
reading. Malen Wilcox, a member of the coalition, commented there were 10,000 residents in the
coalition. Mr. Wilcox was asked to bring documentation for the actual number of residents he
represented. Hearing no further comments from the public, Mayor Jablin declared the public hearing
closed. A suggestion was made to invite the County Engineer to the meeting for second reading.
Councilmember Clark made a motion to place Ordinance 10, 2003 on first reading by title only, as
amended. Vice Mayor Sabatello seconded the motion, which carried by unanimous 5 -0 Vote.
RESOLUTIONS:
Resolution 197. 2003 — Reimbursement Agreement for the realignment of Gardens Parkway. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a
Reimbursement Agreement with the Grande at Palm Beach Gardens, Inc. relating to the acquisition
of right -of -way for the realignment of Gardens Parkway West of the intersection with Prosperity
Farms Road; and providing an effective date. City Attorney Tatum presented the request.
Councilmember Clark made a motion to approve Resolution 197, 2003. Councilmember Delgado
CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/16/03
seconded the motion, which carried by unanimous 5 -0 Vote.
CITY ATTORNEY REPORT:
The City Attorney provided copies of a breach of contract action regarding Koyoto Gardens Drive,
which she advised would be filed the next day and then would be in litigation, so all future
comments should be directed to her to pass along to the litigation attorney.
ANNOUNCEMENT:
Mayor Jablin expressed excitement that Scripps Howard was coming to the City.
ADJOURNMENT:
There being no further business to dis.Qmr,-d"eeting was adjourned at 10:09 p.m.
APPROVAL:
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VICE MAYOR SABATELLO
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PATRICIA SLIDER
CITY CLERK
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