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HomeMy WebLinkAboutMinutes Council 110603CITY OF PALM BEACH GARDENS CITY COUNCIL ]REGULAR MEETING November 6, 2003 The November 6, 2003 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:08 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 Russo, and Councilmember Delgado. Councilmember Clark arrived at 7:11 pm. ADDITIONS, DELETIONS & MODIFICATIONS: Mayor Jablin announced that Senator Carl Domino would present a legislative update and report on locating Scripps to Palm Beach Gardens; a proclamation would be read honoring the World Series Champion Marlins; and Consent Agenda item L, Resolution 205, 2003, would be moved to the November 20 agenda. Councilmember Russo made a motion to approve the additions, deletions and modifications as presented. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 Vote. ANNOUNCEMENTS AND PRESENTATIONS: Presentation by Senator Carl Domino - Senator Domino reported on the State's budget, which had been increased 6 %. Insurance issues that had been addressed in the last session were workers compensation, medical malpractice, and a cap on some lawsuits. The Senate had created a transit authority, and had passed an 8% increase in dollars for education. Senator Domino commented he looked forward to more funds being available in the next budget. Senator Domino reported on some of the benefits that the area would realize from relocation of Scripps to the City, and noted four items which would be addressed in the next session: a repeal of the bullet train; modification of the class size amendment; a procedure to change the Constitution; and review of the tax structure. The Senator invited residents to contact his local office. Councilmember Delgado requested Senator Domino bring forward the bill for the City's drainage system. Councilmember Russo thanked Senator Domino for his efforts and discussed the economic development benefit of Scripps. Mayor Jablin expressed his appreciation and commented he looked forward to working with Scripps in the future. Proclamation for Florida Marlins — Councilmember Russo read aloud a proclamation honoring the World Series Champion Florida Marlins. Mayor Jablin announced that a certificate signed by all members of the Council would also be presented to the Marlins, and a brick in the Municipal Complex courtyard would be engraved in their honor. Councilmember Russo made a motion to approve the resolution creating the proclamation. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 Vote. ITEMS OF RESIDENT INTEREST: Councilmember Delgado introduced Growth Management Director Charles Wu, who provided a slide presentation update on the work of the Northlake Boulevard Task Force. Councilmember Delgado announced, she would like to discuss problems with participation under the discussion portion of the agenda. Councilmember Russo reported he had met with former Mayor Martino who lived on a street where drainage work was being done, and had also received phone calls, and requested community meetings to improve the communication process with residents regarding removing trees from swale areas. City Engineer Dan Clark provided a synopsis of the swale improvement work and explained how trees impeded drainage. The City Attorney was requested to research how the City could relocate trees onto private property without incurring CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/06/03 2 liability. Mike Martino, 320 Balsam Street, commented there was an inconsistency since every tree was removed on Balsam Street and every one was saved on Holly Drive, and asked why there wasn't some consideration given to the residents. Mr. Martino asked that the trees be looked at on an individual basis. COMMENTS FROM THE PUBLIC: George Bonner, Hyacinth Circle South, requested election districts be established to provide geographical representation on the City Council. Councilmember Russo expressed his opinion that this issue, and the election of the Mayor should be addressed by the Charter Review Committee. Councilmembers Delgado and Clark both commented that redistricting should be addressed in 2006. Councilmember Russo requested the iCharter Review Committee consider this matter in time for it to be on the ballot in the 2007 election;. The City Manager indicated it was a long process and staff would formulate a couple of plans for the Council to consider. CONSENT AGENDA: Councilmember Clark made a motion to approve the consent agenda with the exception of item L. Councilmember Delgado seconded the motion. Vice Mayor Sabatello announced that he would be voting on Resolution 206, 2003 and that he was not a Home Builder in Old Palm. Motion carried by unanimous 5 -0 Vote. The following; items were approved on the consent agenda. a. Consideration of approving Minutes from the October 02, 2003 regular City Council Meeting. b. Consideration of approving Minutes from the October 16, 2003 Joint Council Meeting with Lake Park. C. Consideration of approving Minutes from the October 16, 2003 regular City Council Meeting. d. Resolution 189, 2003 — Nutrition S'Mart — Special Event Application. A Resolution of the City Council of the City of Psalm Beach Gardens, Florida approving a fourth special event permit for Nutrition S'Mart, located on the Northeast corner of the Intersection of Keating Drive and Northlake Boulevard, as more particularly described herein; providing for conditions of approval; and providing an effective date. e. Resolution 190, 2003 — Amara Shrine,Temple — Special Event Application. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a fourth special event permit for the Amara Shrine Temple, generally located on the Southeast corner of the intersection of Alternate AIA and RCA Boulevard, as more particularly described herein; providing for conditions of approval; and providing an effective date. £ Resolution 192, 2003 — DUI Enforcement Project. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the sub -grant application from the Florida Department of Transportation safety office to utilize Highway Safety Funds for the City's DUI Enforcement Project; and providing an effective date. g. Resolution 198, 2003 — Acceptance of Grandiflora Right -of -Way. A Resolution of the City Council of the City of Palm Beach Gardens, Florida accepting a Warranty Deed from DiVosta and Company conveying to the City Grandiflora Road in the Magnolia Bay subdivision; and providing an effective date. h. Resolution 200, 2003 — Consider approval of an agreement with Ardaman & Associates, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a piggyback contract to Ardaman & Associates, Inc. for consulting services associated with the Gardens Park Remediation Project; and providing an effective date. i. Resolution 201, 2003 — Consider approval of a work authorization from LBFH, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a work CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/06/03 authorization for engineering services with the firm of LBFH, Inc. in connection with the Gardens Park Remediation Project; authorizing the City Manager to execute said agreement; and providing an effective date. j. Resolution 202, 2003 — Approve Amendment No. 1 to an Interlocal Agreement and Agreement of Lease between the School Board and the City. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving Addendum No. 1 to an Interlocal Agreement between the City of Palm Beach Gardens and the School Board of Palm Beach County for the design and construction of an athletic facility at the City's Lilac Street property; and providing an effective date. k. Resolution 204, 2003 — Aggressive Driving Project. A Resolution of the City Council of the City of Palm Beach Gardens,; Florida approving the sub -grant application from the Florida Department of Transportation safety office to utilize highway safety funds for the City's Aggressive Driving Project; approving City matching funds; and providing an effective date. 1. Removed from agenda. m. Resolution 206, 2003 - Old Palm Plat Three. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Old Palm Plat Three Subdivision Plat; and providing an effective date. n. Proclamation — GIS Day Proclamation. o. Proclamation — Joey Bergsma Retinoblastoma Awareness Month. PUBLIC HEARINGS: Mayor Jablin requested in the interest of time that the staff presentations be omitted for agenda items a, b, and c, which were land use changes for the newly annexed areas. Mayor Jablin announced that quasi-judicial hearings would be held for Ordinance 25, 2003; Ordinance 29, 2003; Ordinance 26, 2003; Ordinance 28, 2003; Ordinance 27, 2003; Ordinance 182, 2003; Ordinance 181, 2003; Ordinance 182, 2003; Ordinance 185, 2003; and Ordinance 194, 2003; and reviewed the procedure to be followed for these hearings. The City Clerk swore in all those intending to testify in any of 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 second reading and approval. The 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. No exparte communications were reported. Councilmember Clark made a motion that Ordinance 30, 2003 be placed on second reading and approved. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 Vote. Ordinance 25. 2003 — Garden Oaks IRezoning . 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); CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/06/03 4 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 second reading and approval. The City Clerk read Ordinance 25, 2003 by title only. Mayor Jablin declared the public hearing open, held on the intent of Ordinance,25, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. No exparte communications were reported. Councilmember Clark made a motion that Ordinance 25, 2003 be placed on second reading by title only and approved. Councilmember Delgado seconded the motion, which 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 second reading and approval. The 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. No exparte communications were reported. Councilmember Clark made a motion that Ordinance 23, 2003 be placed on second reading by title only and approved. Councilmember: Delgado seconded the motion, which 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 ofNorthlake 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. date — for consideration of second reading and approval. The 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. No exparte communications were reported. Councilmember Clark made a motion that Ordinance 29, 2003 be placed on second reading by title only and approved. Councilmember Delgado seconded the motion, which carried by unanimous 5 -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 second reading and approval. The 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. No exparte communications were reported. Councilmember CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/06/03 5 Clark made a motion that Ordinance 21, 2003 be placed on second reading by title only and approved. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 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 Low -3 (RL -3); amending the City of Palm Beach Gardens official zoning map accordingly; adopting non - conforming language; and providing an effective date. date — for consideration of second reading and approval. The 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. No exparte communications were reported. Councilmember Clark made a motion that Ordinance 26, 2003 be placed on second reading by title only and approved. Councilmember Delgado seconded the motion, which carried by unanimous 4 -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 second reading and approval. The 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. No exparte communications were reported. Councilmember Clark made a motion that Ordinance 22, 2003 be placed on second reading by title only and approved. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 Vote. Ordinance 28, 2003 — Sunset Drive Commercial Rezoning. 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 second reading and approval. The 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. No exparte communications were reported. Councilmember Clark made a motion that Ordinance 28, 2003 be placed on second reading by title only and approved. Councilmember Delgado seconded the motion, which carried by unanimous 5 -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 CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/06/03 6 Gardens Residential Medium (RM)' land use designation, and providing an effective date — for consideration of second reading and approval. The 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. No exparte communications were reported. Councilmember Clark made a motion that Ordinance 31, 2003 be placed on second reading by title only and approved. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 Vote. Ordinance 27.2003 — Sunset Drive Rezonin:?. 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 second reading and approval. The 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. No exparte communications were reported. Councilmember Clark made a motion that Ordinance 27, 2003 be placed on second reading by title only and approved. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 Vote. Ordinance 24, 2003 — Mirasol Walk — Planned Unit Development . An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to rezoning; providing for the rezoning of a parcel of land consisting of 24 ,acres, more or less, located at the Northwest corner of PGA Boulevard and the Ronald Reagan Turnpike, as described more particularly herein, from Planned Development Area (PDA) to Planned Unit Development (PUD) overlay with an underlying zoning of General Commercial (CG -1) to be'known as the Mirasol Walk PUD; providing for revisions to the zoning district map; providing an effective date — for consideration of second reading and approval. The City Clerk read Ordinance 23, 2003 by title only. Planner Brad Wiseman presented the project. It was requested the traffic signal installation be accelerated and that the two lights be synchronized. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 24, 2003. The City Attorney advised that Vice Mayor Sabatello could Vote on this project because it was not part of the Mirasol development. John Maclntyre, representative for the petitioner, discussed timing of installation of the traffic signals and synchronization of the lights. Mr. MacIntyre answered questions from the City Council. Attorney John Gary, representing the applicant, requested that Ordinance 10, 2003 state any buildout dates approved `on or before this date' in order that this project's buildout date be extended. Councilmember Russo advised that in the future he would not Vote for projects with unrealistic buildout dates. Mayor Jablin declared the public hearing open. Joan Elias, Diamond Head Way, President of Community Awareness Network (CAN) in PGA National, reported hearing that Publix could prohibit any other grocery store going into Shoppes on the Green and requested that a letter from Publix be included as a condition of approval that they would not do so. Ms. Elias also requested a condition of approval that both Mobil stations would remain for five years. Mayor Jablin' entered into the record a letter from Publix that they would release Shoppes on the Green from their lease obligations so that another grocery store could go into that space. Staff reported Mobil had committed to having both stations, remodeling the current station, and also operating the new one. Ms. Elias commented remodeling that station had been approved years ago and requested something be in writing as part of the record stating that Mobil would remodel the current station and maintain both sites. A Mobil -Exxon representative stated their intention was to maintain both stations. Discussion ensued. Mobil was requested to send a CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/06/03 7 letter to the PGA POA stating their intention to maintain both sites. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. During disclosure of exparte communications, Councilmember Delgado reported discussions with staff, Councilmember Clark reported discussions with the staff and the applicant some time ago; Vice Mayor Sabatello and Mayor Jablin both reported discussion with the applicant. Councilmember Clark made a motion that Ordinance 24, 2003 be placed on second reading by title only and approved. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 Vote. Resolution 168, 2003 – Mirasol Walk – Planned Unit Development. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Master Development Plan Petition of Gee & Jenson, agent for, North American Properties & Investors, Inc. for the 24 -acre property located on the Northwest corner of PGA Boulevard and the Ronald Regan Turnpike, as described more particularly herein, to allow a grocery store, retail, and financial institutions; granting conditional use approval for a gas station/convenience store; and providing an effective date. Mayor Jablin declared the public hearing open, held on the intent of Resolution 168, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Mayor Jablin announced that the same exparte communications as reported for Ordinance 24, 2003 still applied. Councilmember Clark made a motion to approve Resolution 168, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 Vote. Ordinance 37, 2003 – Small Scale Land -Use Amendment for a portion of Parcel 31.04 Legislative. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida approving a small land use map amendment to the Comprehensive Plan of the City of Palm Beach Gardens relating to certain property consisting of approximately 6.416 acres, generally located at the Southeast corner of Central Boulevard and Donald Ross Road, commonly referred to as "A Portion of Parcel 31.04 ", to change the land use designation from, Mixed Use (MXD) land use designation to Residential High (RH) land use designation; and providing an effective date – for consideration of first reading. The City Clerk read Ordinance 37, 2003 by title only. Senior Planner Kara Irwin announced that she would combine presentations for Ordinance 37, 2003 and Ordinance 38, 2003 since they were a part of the same land transfer. Ordinance 38.2003 – Small Scale Land -Use Amendment for a potion of Parcel 31 B Legislative. 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 3.42 acres, generally located at the Southeast corner of Central Boulevard and Donald Ross Road, commonly referred to as "A Portion of Parcel 31 B ", to change the land use designation from Residential High (RH) land use designation to Mixed Use (MXD) land use designation; and providing an effective date – for consideration of first reading. The City Clerk read Ordinance 38, 2003. Planner Kara Irwin presented the staff reports for both Ordinance 37, 2003 and Ordinance 38, 2003. Henry Skokowski spoke on behalf of the petitioner. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 37, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. During disclosure of exparte communications, Councilmember Delgado reported she had discussed this with staff. Vice Chair Sabatello reported he had spoken with the petitioner —both Mr. Skokowski and Mr. Gary. Councilmember Clark reported he had spoken to the petitioner. Mayor Jablin reported he had spoken with Mr. Skokowski. Councilmember Clark made a motion that Ordinance 37, 2003 be placed on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 Vote. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 38, 2003. Hearing no comments from the public, Mayor Jablin declared the public CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/06/03 8 hearing closed. During disclosure of exparte communications, Councilmember Delgado reported she had discussed this with staff. Vice Chair Sabatello reported he had spoken with the petitioner —both Mr. Skokowski and Mr. Gary. Councilmember Clark reported he had spoken to the petitioner. Mayor Jablin reported he had spoken with Mr. Skokowski. Councilmember Clark made a motion that Ordinance 3 8, 2003 be placed on, first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 Vote. Resolution 180.2003 – Implant Innovations Warehouse /Distribution Addition. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a 50,000 square -foot warehouse and distribution addition to an existing office and manufacturing facility, located on Lots 6, 7, 9,10 and 11 within the Northcorp Planned Community Development (PCD), as more particularly described herein; providing for conditions of approval; providing for waiver; and providing an effective date. The City Clerk read Resolution 180, 2003 by title only. Planner Autumn Sorrow presented the project. Jim Griffin spoke on behalf of the petitioner. Mayor Jablin declared the public hearing open, held on the intent of Resolution 180, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Delgado reported exparte communications with staff. Mayor !Jablin disclosed exparte communications with staff and the petitioner. Councilmember Clark made a motion that Resolution 180, 2003 be approved. Councilmember Russo seconded the, which carried by unanimous 4 -0 Vote. Resolution 181, 2003 – First National Center – Parcel 27.03. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a site plan for a 68,000 square -foot office building, including a 4,000 square -foot bank with three drive - through lanes on a 5.59 acre site located at the Northwest corner of Kew Gardens Avenue and PGA Boulevard, as more particularly described herein; providing for conditions of approval; providing for waivers; and providing an effective date. The City Clerk read Resolution 181, 2003. Senior Planner Natalie Wong presented the project. Brian Chekas answered questions on behalf of the applicant. The building architect answered questions regarding colors. Mayor Jablin declared the public hearing open, held on the intent of Resolution 181, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Delgado reported exparte communication with staff. Mayor Jablin disclosed exparte communications with the petitioner. Councilmember Clark reported exparte communications with staff and the ' Ipetitioner. Ms. Wong stated for the record that should the Council Vote to approve Resolution 181, 2003, and if they agreed with staff, condition 5 in Section 3 would be deleted and the only signs sever allowed on this building would be those depicted in the elevation. Councilmember Clark made a motion that Resolution 181, 2003 be approved with waiver 5 deleted from Section 3. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 Vote. Resolution 182.2003 – Frenchman's', Reserve Pod E. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a site plan for POD "E ", which consists of 62 dwelling units on a 17.63 -acre site within Frenchman's Reserve Planned Community Development, which is located on the East side of Alternate Al A, approximately one mile South of Donald Ross Road, as more particularly described herein; providing for waiver; providing for conditions of approval; and providing an effective date. The CityClerk read Resolution 182, 2003 by title only. Senior Planner Natalie Wong presented the project. The Council had no questions of the petitioner. Mayor Jablin declared the public hearing open, held on the intent of Resolution 182, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Delgado reported exparte communications with staff. 'Vice Mayor Sabatello reported he was not a Home Builder in this development and therefore had no interest in the project, so would Vote on this issue. Councilmember Clark made a motion that Resolution 182, 2003 be approved as per the amended CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/06/03 9 resolution presented to the Council this evening. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 Vote. Resolution 185, 2003 — Doggie Daycare Conditional Use and Site Plan Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a conditional use for a 7,800 square foot animal kennel facility to be located on a 0.23 acre site located on the South side of Burns Road at 4100 Burns Road, approximately 0. 10 miles from the intersection of I -95 and Burns Road; providing for conditions of approval;, and providing an effective date. The City Clerk read Resolution 185, 2003 by title only. Senior Planner Irwin read into the record a change to Section 3, page 4, condition 10: The applicant shall be limited to a dog walk area within a fenced -in area along the eastern property line. The animals must be controlled, leashed, in the designated dog walk area. The applicant shall provide an 8" black vinyl chain link fence with the top 2' angled outward or propose another acceptable solution to city staff to address the security of the dog walk area prior to issuance of an occupational license for the facility. Councilmember Delgado left the meeting at this point at 10:05 p.m., due to illness. Planner Irwin presented the project. Mark Hendrickson, City Forester, explained that power lines and underground utilities would preclude planting a row of oak trees and indicated he and the applicant would look into what could be planted to screen the parking lot. Mayor Jablin declared the public hearing open on Resolution 185, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. No exparte communications were reported. Councilmember Clark made a motion to approve Resolution 185, 2003 with the additional change to Section 3, page 4, condition 10 as read into the record except to change the top 2' of fencing being angled outward to state angled inward. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 Vote. Resolution 194, 2003 — Mirasol Town Square — Site Plan. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the site plan petition of Cotleur Hearing, agent for Palm Beach Acquisitions LLC, for the 12 -acre commercial parcel in the Mirasol PCD, as described more particularly herein, to allow 105,000 square feet of professional office and 15,000 square feet of retail; and providing an effective date. The City Clerk read Resolution 194, 2003 by title only. The City Attorney verified with Vice Mayor Sabatello that he had no interest in this project, and advised that he could therefore Vote. Planner Brad Wiseman presented the project.- Donaldson Hearing spoke on behalf of the applicant. Mayor Jablin declared the public hearing open on Resolution 194, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark and Mayor Jablin reported exparte communications with staff and the petitioner. Councilmember Clark made a motion to approve Resolution 194, 2003. Councilmember Russo seconded the motion, which carried by unanimous 4 -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 second reading and approval. The City Clerk read Ordinance 10, 2003 by title only. City Engineer Dan Clark presented the project. The City Attorney reported that after review of Ordinance 10, 2003, an expert on land use in the State of Florida Tom Pellum, former Secretary of Community Affairs, had concluded that Ordinance 10, 2003 was consistent with the comprehensive plan. A letter from PGA Corridor Association, Inc., recommending approval of Ordinance 10, 2003 was given to the City Clerk. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 10, 2003. Resident Dr. Robert Davis agreed with having a Special Master but requested oversight of the Special Master; and expressed his CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/06/03 10 opinion there should be re- evaluation of concurrency at time of extension. City Attorney Tatum explained that the Growth Management Administrator would still be making the decisions; that only if there was an appeal it would be heard by a Special Master. Paul Auerbach, Gardens of Woodbury representative to PGA Corridor Coalition, expressed concerns regarding Ordinance 10, 2003 consistency with the comprehensive plan and requested that the City Council review this issue; expressed concern regarding granting of long build -out dates; requested oversight of granting extensions; expressed concern regarding the city's responsibilities; and the hope that the City Council would agree development and growth should not come at the expense of the quality of life of the existing residents or their safety and welfare. Mr. Auerbach expressed the coalition's wish to have a close working relationship with the city. Mayor Jablin clarified no extensions could be granted until after a development order had been granted and when an extension had been applied for. Mr. Auerbach indicated the coalition was not in favor of one person granting extensions, and wanted more clarification on compliance with the comprehensive plan. Mr. Auerbach objected to the extra three -year extension. Discussion ensued. Councilmember Clark indicated there were controls and the City Council was the ultimate protection. Dr. Robert Davis raised other questions. Attorney John Gary requested addition of a couple of proposed amendments. The City Attorney indicated the amendments had been included, which addressed concurrency reservations and conditional concurrency reservations, and one other change would be on page 5, line 7, the extension for dev orders approved on or prior to November 6, 2003. Lou Gaeta, Chairman of PGA Corridor Association, read into the record a letter that they had presented to the Mayor, in favor of approval of Ordinance 10, 2003. Vice Mayor Sabatello expressed concern regarding the perception that some residents were not comfortable with the proposed process, and if it would make them more comfortable to have the City Council iinvolved, he favored that involvement. Councilmember Russo and Councilmember Clark agreed any extensions beyond three years should go to City Council. City Manager Ferris suggested rather than only the Growth Management Administrator granting extensions, that a committee involving the Growth Management Director, The City Attorney, and the City Manager make the decision, which could be appealed to the Special Master. A resident expressed concern regarding rushing to move this forward prematurely due to the length of the agenda. Discussion ensued regarding delaying until the next meeting in order to have time to consider options and placing this at the front of the agenda. This would also allow Councilmember Delgado an opportunity to listen to what had transpired during this meeting to bring her up -to -date. Councilmember Russo made a motion to continue the public hearing for Ordinance 10, 2003 to a date certain of November 20, 2003 and to place it at the beginning of the agenda. Councilmember Clark seconded the motion, which carried by unanimous 4 -0 Vote. RESOLUTIONS: Resolution 174, 2003 — Master Public Improvement Bond. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the issuance of public improvement bonds in one or more series for the purpose of financing the costs of (a) acquiring, constructing and installing capital and non - capital projects for the benef t of the City of Palm Beach Gardens, and (b) refunding prior obligations issued by or on behalf of the City, and all other costs necessary or incidental thereto; providing for the terms and payment of such bonds; providing for the rights, security and remedies of the holders thereof, making certain covenants and agreements in connection therewith; authorizing the proper officials of the City of Palm Beach Gardens to do all other things deemed necessary or advisable in connection with the issuance of such bonds; providing for the undertaking by the City required by rule 15c2 -12 of the United States Securities and Exchange Commission, when required; providing for certain other matters in connection therewith; and providing an effective date. Finance Director Allan Owens presented the request. Councilmember Clark made a motion to approve CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/06/03 11 Resolution 174, 2003. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 Vote. Resolution 175, 2003 — Series 2003 Public Improvement and re- financing. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the issuance of not to exceed $30,000,000 public improvement and refunding bonds, series 2003; awarding the sale of such bonds to Raymond James & Associates, Inc. and authorizing execution and delivery of a bond purchase contract with Raymond James & Associates, Inc. for such bonds; providing for a bond insurance policy and a debt service reserve policy and authorizing the execution of certain agreements in connection therewith; fixing the date, denominations, maturities, interest rates, redemption provisions, and other details with respect to such bonds; authorizing the refunding of certain prior obligations of the City; authorizing the use of a preliminary official and a final official statement in connection with the distribution of such bonds and other action in connection with the issuance and delivery of such bonds; authorizing', the execution and delivery of an escrow deposit agreement; designating a paying agent and registrar for such bonds; adopting a book entry system of registration for the bonds; and providing an effective date. Finance Director Allan Owens presented the proposal. Councilmember Clark made a motion to approve Resolution 175, 2003. Vice Mayor Sabatello seconded the motion, which carried by unanimous 4 -0 Vote. Resolution 199, 2003 — Approving; a sub -lease agreement with the Classic Foundation, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a sub -lease agreement with the Classic Foundation, Inc. to provide for temporary parking within the Mirasol school site; and providing an effective date. Councilmember Russo indicated he was a member of the Board of the Foundation but had no- financial interest and verified with the City Attorney that he could Vote on this resolution. Councilmember Clark made a motion to approve Resolution 199, 2003. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 Vote. Resolution 203, 2003 — Declaring the acquisition of right -of -way for the realignment of Gardens Parkway. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, declaring the acquisition of fee simple title to certain hereinafter described land to be necessary for the extension and realignment of Gardens Parkway at Prosperity Farms Road for the construction of roadway improvements and to be a public necessity; authorizing the employment of attorneys, appraisers, and other experts and the filing of eminent domain proceedings; providing an effective date; and for other purposes. Councilmember Clark made a motion to approve Resolution 203, 2003. Councilmember Russo seconded the, motion, which carried by unanimous 4 -0 Vote. ORDINANCES: Ordinance 36, 2003 — Evergrene PCD Amendment — An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Ordinance 43, 2001 and amending two conditions of approval to the Evergrene PCD relating to the timing for construction of the clubhouse parcel; and providing an effective date — for consideration of first reading. The City Clerk read Ordinance 36, 2003 by title only. Councilmember Clark moved Ordinance 36, 2003 be placed on first reading by title only. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 Vote. Pat Hughey, Reed Drive, public comment card read "Thanks, volunteer event" she did not use a microphone. She stood in the back of the Chambers at the end of the meeting. It was 11:29 and we had one minute to meet curfew. As a ;result her comments could not be heard clearly. Patricia Snider, City Clerk said that she addressed the Council to thank them for the Volunteer Recognition Night that was held on October 23, 2003. CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/06/03 12 ADJOURNMENT: There being no further business to dis ing was adjourned at 11:29 p.m. APPROVAL: OWN VICE MA OR SABATELLO PATRICIA SNIDER a CITY CLERK'