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HomeMy WebLinkAboutMinutes Council 112003CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING November 20, 2003 The November 20, 2003 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:10 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 requested that Resolution 130, 2003 be removed from the Consent Agenda and placed immediately following Resolution 212, 2003, Downtown at the Gardens. Councilmember Clark made a motion to approve the modifications as presented. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. ITEMS OF RESIDENT INTEREST: Councilmember Russo announced the annual turkey preparation by the Fire Department next Wednesday, and indicated any volunteers would be welcome. Mayor Jablin reported he had attended a wonderful patriotic concert given by Timber Trace School. Mayor Jablin also reported Relay for Life would be hosted by the American Cancer Society on April 16 and 17, 2004 and the members of the City Council had been asked to be honorary chairpersons. A working chairperson was needed and anyone interested was asked to contact the City Clerk. Councilmember Delgado announced she had been a part of the Principal for a Day program at the local elementary schools and had acted as Principal of the Palm Beach Gardens Elementary School for that day. Mayor Jablin reported that the Education Advisory Board had sponsored that program. CITY MANAGER REPORT: Jack Doughney announced there was no report. 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 (b), Resolution 130, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. a. Consideration of approving Minutes from the November 6, 2003 regular City Council Meeting. C. Resolution 177, 2003 -- Renewal of contact with Bell South for hardware maintenance for FY04 PD and City Hall. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement with BellSouth for the maintenance of the City's Cisco 6509 data communication switches by "piggybacking" State Contract No. 250- 000- 03 -01; authorizing the Mayor and City Clerk to execute said agreement; and providing an effective date. d. Resolution 205, 2003 — Evergrene P.C.D. Plat Seven Subdivision Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Evergrene PCD Plat Seven Subdivision Plat; and providing an effective date. CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/20/03 2 e. Resolution 208, 2003 —SEIU Contract. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement between the National Conference of Firemen and Oilers (SEIU) and the City of Palm Beach Gardens for the fiscal years 2003 -2004, 2004 -2005, 2005 -2006; authorizing the Mayor and City Clerk to execute said agreement; and providing an effective date. f. Resolution 210, 2003 — Amendment to the "One -Stop Permit" for Motion Picture & Television Production Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida endorsing the concept of a "one -stop permit' program for motion picture and television production within the City of Palm Beach Gardens to be issued by the Palm Beach County Film Liaison Office by the Tourist Development Counsel, to include student production projects, by amending Resolution 27, 1990; and providing for an effective date. g. Resolution 217, 2003 - Seacoast Utility Authority Hood Road Utility Complex Boundary Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Seacoast Utility Authority Hood Road Utility Complex Boundary Plat; and providing an effective date. h. Resolution 218, 2003 — Approving Legacy Place Plat No. 2. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Legacy Place Plat No. 2; and proving an effective date. i. Resolution 219, 2003 — Gables at Northlake Re -Plat #1 A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Gables at Northlake Replat No. 1; and providing an effective date. PUBLIC HEARINGS: 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. Mayor Jablin announced that this item had been postponed from 11/6/03 and the public hearing remained open, and that Councilmember Delgado had not been present for the last presentation. The City Clerk read Ordinance 10, 2003 by title only. Resident Bernard Summers commented he only wished to speak if the appeals process was not addressed. Councilmember Delgado advised she had discussed this item with staff and understood the appeal to a Special Master was not a part of this ordinance and would be addressed at a later date, and the issue of who would handle the two additional one -year time extensions had not been changed from the last presentation. Councilmember Delgado made a motion to approve Ordinance 10, 2003 as originally written on second reading. Councilmember Clark seconded the motion. Vice Mayor Sabatello indicated he was in favor of the Ordinance but would vote against the motion because he would like the first extension to be approved by the Growth Management Director and subsequent extensions to be approved by City Council. Councilmember Russo indicated he was in favor of the Build out Ordinance but would vote against the motion because he felt residents were comfortable with extensions being approved by the City Council. Motion carried by 3 -2 vote, with Vice Mayor Sabatello and Councilmember Russo dissenting. PART I — QUASI - JUDICIAL Mayor Jablin announced that the following resolutions were quasi judicial and read the CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/20/03 3 required procedures for this type of hearing. The City Clerk swore in everyone intending to offer testimony for these hearings. Resolution 193, 2003 — Everuene PCD Parcel 413 Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the site plan amendment for Parcel 4B of the Evergrene Planned Community Development (PCD) to approve four single - family model homes; providing for a waiver; providing for conditions of approval; and providing an effective date. The City Clerk read Resolution 193, 2003 by title only. Planner Brad Wiseman presented the requested amendment. Anne Booth, Urban Design Studio, spoke on behalf of the applicant. Mayor Jablin declared the public hearing open, held on the intent of Resolution 193, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. During disclosure of ex -parte communication, Councilmember Delgado reported she had been briefed by staff. Councilmember Clark made a motion to approve Resolution 193, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 196, 2003 — the Landmark Parcel 27.13/166 unit condo development in the Regional Center DRI. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the site plan for 166 residential condominiums on a 4.63 -acre site located at the Southwest corner of Gardens Parkway and Fairchild Gardens Avenue, as more particularly described herein; providing for conditions of approval; providing for waivers; amending the MacArthur Center Signage Program (Resolution 64, 1998); and providing an effective date. The City Clerk read Resolution 193, 2003 by title only. Senior Planner Natalie Wong presented the project. Attorney for the Landmark, Steve Mathison, introduced the applicant's project team and described the project on behalf of the applicant. Donaldson Hearing reviewed the site plan. Architect William Caldwell described the architecture. Mayor Jablin declared the public hearing open, held on the intent of Resolution 196, 2003. Robert Davis, 118 Orchid Cay, BallenIsles, requested the DRI be publicized, and indicated the problem was the small amount of acreage and the issue of setting a precedent. Mr. Davis commented he did not understand the different sizes of parking spaces on different properties or allowing a larger sign because it was residential, and commented that the zoning should be more strict. Al Ferris of the Forbes Company and a Palm Beach Gardens resident spoke in favor of the project. David Haysmer of the Forbes Company indicated strong support for the project. Resident Ken Phelps spoke in favor of the project. Elsie Gaeta, Cabana Colony, reported she had been told by Mr. Snyder of Treasure Coast Regional Planning Council that there was another site in the City, PGA National, that would accommodate this building, and the residents of Cabana Colony did not want it in their back yard. Stefan Gilch as a resident and small business owner, expressed support for this project. Joan Elias, President of Community Awareness Network in PGA National, indicated she believed the PGA National DRI did not have enough density left to accommodate this project, and informed the City Council that CAN had voted to no longer participate in the PGA Residents Corridor Coalition, and to unanimously support the Landmark project. Dennis Conway, Cabana Colony, representing Cabana Colony Residents League, reported they had taken a vote and were opposed to this project which would tower over their homes and look into their back yards, and questioned if emergency services would be available if there were a fire on the 17th floor. Mr. Benothman indicated the Fire Department had required roadways to accommodate emergency services. Tom Hauk, PGA Boulevard, spoke in favor of the project. CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/20/03 4 Stephanie Webster, PGA National, spoke against the project, indicating she had spoken to many people and all were against the project. Richard Beladino, Siena Oaks, reported he had received many phone calls regarding these condominiums, and expressed concern regarding the skyline and setting a precedent, and asked who would be allowed to use the bridge, and stated he was not for or against, but if it would set a precedent requested it not be done. Ms. Wong indicated the pedestrian bridge and all the way around the water were for public access. Ralph Armstrong and Julie Steinbower both yielded their 3 minutes to Dr. Richard Orman. Dr. Orman, Oak Street, talked about downtown areas and indicated they did not have to have tall buildings, and stated he represented the PGA Corridor Residents Coalition, which voted to have their concerns voiced at this meeting. Dr. Orman indicated the precedent was in the extent of the waivers being requested, expressed his opinion that density over such a large area was not reasonable, discussed setbacks, F.A.R., provisions of the PGA Boulevard Overlay Zoning, uses planned for this site by the MacArthur Foundation, and the vision for this site in 1984, and indicated there was another site in the City in PGA National DRI that could accommodate this building. Vice Mayor Sabatello requested the good waivers that had been granted also be recognized. Mayor Jablin indicated he was proud of the way the City Council had handled growth. Richard Ponce gave his time to Steven Tarr. Resident Steven Tarr commented that for the two years he was on the Planning and Zoning Board plus the past year, this was the first time the criteria for waivers had been presented, and he had never voted against a project but against a waiver that was not justified. Mr. Tarr indicated building height and developer greed were the issue, and expressed his opinion the units should be geared to year -round residents who could live where they worked, and that this would set a precedent. Mr. Tarr quoted from the Planning and Zoning minutes that Mr. Mathison had promised to work with the residents, but commented that had not happened. Mr. Tarr commented residents opposed and businesses were in favor of this project, and that PGA National CAN represented only a few of the residents. Alex Perez, Gardens Woods resident, the community to the west of this project, spoke on his own behalf, stating the basic issue was height and he felt it was 4 -5 stories too high. Elaine Adams, President of PGA Corridor Association, indicated their support for this project and recalled that the original MacArthur Foundation vision had been for high density on this land with many mid -rise buildings. Attorney Larry Smith advised he was speaking for Attorney John Gary who could not be present but represented the owner of the adjacent property to the south, complimented Ms. Wong on her presentation, and presented for the record two letters from Mall Properties, Ltd., to Mr. Benothman, dated 4/25/2003 and 5/15/2003 listing objections to the Landmark by their client who had no problem with building height or the concept of granting waivers, but objected to the building being only a few feet from their property and asked the Council to postpone a decision until they could see what was coming in next door, and advised their client was working on plans that would be ready the next week. Attorney Smith indicated he had also been asked to comment on the way these buildings addressed the lakefront and that they were too intense for the site. Mr. Benothman indicated there was a NOPC request to transfer uses to allow residential and the height was to be lower than the 3801 building but higher than the 45' limit, probably 12 stories. Discussion ensued. Craig Menin, Menin Development, developer of Downtown at the Gardens project, commented the term "greedy developer" was very easily thrown around, and their project was improving what had been a retention pond. Mr. Menin indicated they had chosen the applicant and the project, which they felt worked best with the Downtown at the Gardens project. Attorney Steve Mathison CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/20/03 5 indicated they did not want to wait for an NOPC for the property next door, stated that staff strongly recommended approval, and requested approval of the project. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. During disclosure of ex -parte communication, Mayor Jablin noted he had communicated with the developer on two separate occasions and those communications were joint with staff, Councilmember Clark and Councilmember Russo disclosed that they had spoken with the developer and staff and there had been a joint meeting where details of the project had been reviewed; Vice Mayor Sabatello reported he had attended a joint meeting with staff and the petitioner; Councilmember Delgado reported she had been met with the petitioner and with staff. The City Attorney advised that communications submitted for the record would become a part of the ex -parte communications. Councilmember Clark made a motion to approve Resolution 196, 2003 with the findings of fact as delivered by the City Attorney as follows: Subject site is designated on the City's Future Land Use Map as Professional Office (PO); Development of Regional Impact (DRI) and Planned Community District (PCD); this parcel has a designation of multi - family on the Master Land Use Plan, Map H; the 166 residential units are vested within the Regional Center Development of Regional Impact; consistent with Policy 1.1.1.4 of the Comprehensive Plan the overall residential density of the Planned Community District (PCD) is consistent with the land use designation of this area; and consistent with Policy 1.1.4(e) of the Comprehensive Plan. The City Council is authorized to grant waivers to non - residential intensities through the flexibility of Planned Community Districts. Councilmember Delgado seconded the motion. Vice Mayor Sabatello stated he was not prepared to go forward this evening; commented the height was not so impacting because of distance, that he had a lot of issues on the building features, setbacks, signage, valet parking, precedents, and he needed time to understand. Discussion ensued. Councilmember Delgado expressed surprise she did not hear from anyone in Garden Woods, stated she had done an extensive amount of research, commented she represented all of the citizens, indicated the proposed project fit her vision of a downtown, commented the Council must weigh the liability they placed on residents for their tax money, and stated the speakers did not demonstrate to her a reason to deny the project, commented she was confused about the closeness of the setback to the property next door but felt staff was competent to find a way to deal with that and it was not enough reason to her for denial, and listening to all the comments she had not heard enough to deny the project. Councilmember Russo expressed concern about the height and setbacks but wished the developer luck. Motion carried by 3 -2 vote with Vice Mayor Sabatello and Councilmember Russo dissenting. Resolution 212, 2003 — Downtown at the Gardens SP Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Amendment to the Site Plan Approval for Downtown At The Gardens located within the Regional Center DRI/PCD, as described more particularly herein, to modify certain conditions of approval; to allow for architectural modifications; to delete previously unaccounted for 11,000 square feet; to reduce the number of theater seats from 3,220 To 3,130; to increase the regional retail square footage by 1,473 square feet; and to make minor site plan modifications; providing for waivers; and providing an effective date. The City Clerk read Resolution 212, 2003 by title only. The applicant indicated a willingness to postpone this matter. Councilmember Clark made a motion to reorder the agenda to hear the remaining items on the agenda and then come back to Resolution 212, 2003. Councilmember Russo seconded the motion, which CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/20/03 6 carried by unanimous vote. Resolution _130, 2003 — Accepting Lake parcel and Quit Claim Deed for Downtown at the Gardens. A Resolution of the City Council of the City of Palm Beach Gardens, Florida accepting a Quit -Claim Deed from the Northern Palm Beach County Improvement District for the Lake Parcel at Downtown at the Gardens; authorizing the Mayor and City Clerk to execute a Quit -Claim Deed in favor of Downtown at the Gardens, LLC for the Lake Parcel at Downtown at the Gardens; reserving rights for the public to access and use the lake parcel; authorizing the Mayor and City Clerk to execute an operating agreement with Downtown at the Gardens, LLC for use of the public area; and providing an effective date. It was noted that this was a part of the previous postponed Resolution 212, 2003 and would be moved forward with that Resolution. PART II — NON QUASI - JUDICIAL RESOLUTIONS: Resolution 207, 2003 -- Contract with Open Software Solutions, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a piggyback contract to Open Software Solutions, Inc. for the purchase, support, implementation, and training of Police Computer Aided Dispatching, Records Management System, and Mobile Computer Application Software; and providing an effective date. Councilmember Clark made a motion to approve Resolution 207, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 211, 2003 — Agreement with Enterprise Lease Service for 4 unmarked Police vehicles. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the acquisition of four additional unmarked police vehicles pursuant to the Master Lease Agreement between the City of Palm Beach Gardens and Enterprise Fleet Services; and providing an effective date. Councilmember Clark made a motion to approve Resolution 211, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 214, 2003 — Authorizing revisions to the Investment Policy. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amended Investment Policy; and providing an effective date. Finance Director Allan Owens indicated the investment policy was being amended to allow investment in repurchase agreements if fully collateralized with government obligations, to bring it in line with recently adopted Resolution 174, 2003 dealing with investment ofbond proceeds. Councilmember Clark made a motion to approve Resolution 214, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 216, 2003 - Telestaff Automated Staffing and Scheduling program for the City's Fire Rescue Department. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement between the City of Palm Beach Gardens, and Principal Decision Systems International for the purchase of the Telestaff Automated Staffing and Scheduling program for the City's Fire Rescue Department; and providing an effective date. The Fire Chief explained the software was fully integrated and would save money. Councilmember Delgado asked what would happen if the Landmark building had a fire on the 17th floor, for which the procedure was described. It was confirmed by staff that the software could be used throughout the City by various departments. Councilmember Clark made a motion to approve Resolution 216, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/20/03 7 ORDINANCES: Ordinance 40, 2003 — City Code Amendment relating to Building Permit Fee Collection. An Ordinance of the City Council of the City of Palm Beach Gardens; Florida relating to building permit fee collection; amending Section 86 -26, Code of Ordinances entitled "Building Code Adopted; Permit Fees "; replacing Section 104.6.4 of the Florida Building Code entitled "Schedule of Permit Fees "; providing for codification; and providing an effective date — for consideration of first reading. The City Clerk read Ordinance 40, 2003 by title only. Staff explained this was only changing the timing of collection of permit fees. Councilmember Clark made a motion to place Ordinance 40, 2003 on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 212, 2003 — Downtown at the Gardens SP Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Amendment to the Site Plan Approval for Downtown At The Gardens located within the Regional Center DRI/PCD, as described more particularly herein, to modify certain conditions of approval; to allow for architectural modifications; to delete previously unaccounted for 11,000 square feet; to reduce the number of theater seats from 3,220 To 3,130; to increase the regional retail square footage by 1,473 square feet; and to make minor site plan modifications; providing for waivers; and providing an effective date. The City Clerk read Resolution 212, 2003 by title only. Donaldson Hearing presented the project on behalf of the applicant. Security issues were discussed. Due to lack of time, consensus of the City Council and the applicant was to come back to the next meeting with Resolution 212, 2003 and Resolution 130, 2003. Mayor Jablin noted that the public hearing was still open for Resolution 212, 2003. Councilmember Clark moved to continue the public hearing for Resolution 212, 2003 to a date certain of December 4, 2003, to be first on the agenda. Councilmember Russo seconded the motion, which carried by unanimous 5 -0 vote. ITEMS FOR COUNCIL ACTION /DISCUSSION: Vice Mayor Sabatello requested the other Councilmembers' positions on enforcement of preventing unsightly dumpsters. The other members of the Council agreed with the Vice Mayor. Mayor Jablin indicated this matter would be discussed at the next meeting. CITY ATTORNEY REPORT: The City Attorney reminded the Council that she had requested a special attorney /client session on November 25, 2003. It was determined that a quorum would be present. CITY OF PALM BEACH GARDENS REGULAR MEETING, 11 /20/03 8 ADJOURNMENT: There being no further business to discuss the meet' was adjourned at 11.30 p.m. 1 APPROVAL: MAYOR JABLIN ATTEST: s PATRICIA SNIDER CITY CLERK VICE MAYOR SABATELLO /1��P