HomeMy WebLinkAboutMinutes Council 121604CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
December 16, 2004
The December 16, 2004 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 7:06 P.M. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Eric
Jablin, 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 Russo, Councilmember Delgado, Councilmember
Levy, and Councilmember Valeche.
ADDITIONS, DELETIONS, MODIFICATIONS:
Mayor Jablin announced that the applicant had requested Resolution 227, 2004, Plat for Borland
Center, be postponed until January 6; language in Resolution 217, 2004, Gardens Station and
Resolution 16, 2004, Parcel 5B had been modified to address issues raised by City Council at the
last meeting; the public hearing for Ordinance 48, 2004, Economic Development Element,
would be opened and postponed to a date certain because it had to be considered at the same
time as round two of 2004 amendments; and Resolution 232, 2004, Vehicle Purchase Award,
would be moved and heard following the Consent Agenda. Councilmember Delgado moved
approval of the additions, deletions and modifications as presented. Councilmember Valeche
seconded the motion, which carried by unanimous 5 -0 vote.
ITEMS OF RESIDENT INTEREST:
Councilmember Delgado reported she had been chosen as the Florida Delegate for the National
League of Cities Convention and Conference, which was held in Indianapolis. Councilmember
Levy reported he had attended his first Environmental Community meeting for the League of
Cities, which had voted to send the manatee protection plan to the board of League of Cities;
also environmental control number 2 regarding drinking water had been voted to be sent to the
board, but Councilmember Levy advised he had voted against this because of the requirements
for sprinkler wells; and there had been post hurricane disaster discussion. Councilmember Levy
indicated because so much was happening with Scripps he urged that staff be more active in the
site selection, and proposed a Resolution to that effect. Discussion ensued regarding whether to
share information with all parties involved. It was clarified that Commissioner Marcus had no
problem with the City sharing information with Scripps and with the county. Councilmember
Levy made a motion to direct the City Manager and staff do to all things to cooperate and
communicate information to support the County's effort to locate Scripps in Palm Beach County,
and that includes contacting county, state, property owners, and Scripps; and to update our
Council on an as needed basis until it is necessary to bring a recommendation to the Council for
consideration and vote. Vice Mayor Russo seconded the motion for discussion. Motion carried
by unanimous 5 -0 vote. Councilmember Delgado requested the City join the annexation lawsuit
filed by Wellington to challenge the validity of the county annexation amendment to the charter.
This would mean there would be another named plaintiff in the lawsuit. Other cities had also
been asked to join. Councilmember Delgado made a motion that the City join in the lawsuit.
Motion was seconded by Councilmember Levy. City Attorney Tatum explained the basis of the
lawsuit. Concern was expressed that the City would be filing a lawsuit against the County, and
they had to work closely with the County regarding Scripps. Discussion ensued. Motion carried
by unanimous 5 -0 vote. Vice Mayor Russo reported there had been a meeting regarding the
Honda Classic, and there could be a possibility of bringing Tiger Woods to the event. Vice
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/16/04 2
Mayor Russo asked everyone to support the Mayor in maintaining order in meetings, and to go
through the Chair instead of cross talking. It was noted that staff had been asked to institute a
system for speaking and voting, similar to that used by the County Commission. Mayor Jablin
reported the Hanukkah event had been a great success. Mayor Jablin reported at the MPO
meeting the section of PGA Boulevard slated to become six lanes had been reduced to four, but
the right to return to six lanes was reserved in case the Vavrus property was brought into the
Scripps development.
COMMENTS FROM THE PUBLIC:
Sue Banks, 4335 Elm Avenue, reported she had consulted the Supervisor of Elections Office in
Tallahassee and presented clarification regarding the method of qualifying for elections. Mayor
Jablin noted the Council had decided to forward this issue to the Charter Review Committee.
CONSENT AGENDA:
Councilmember Levy made a motion to approve the Consent Agenda without item "c ".
Councilmember Valeche seconded the motion, which carried by unanimous 5 -0 vote. The
following items were approved on the Consent Agenda:
a. Approve Minutes from the November 18, 2004 regular City Council meeting.
b. Resolution 173, 2004 - Approving the shops of Donald Ross replat of tract "A"
plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the shops of Donald Ross replat of tract "A" plat; and providing an
effective Date.
d. Resolution 228, 2004 - Frenchman's Reserve PCD - Plat F re -plat. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida approving the
Frenchman's Reserve PCD Plat F replat; and providing an effective Date.
e. Resolution 229, 2004 - Deferred Compensation Plan Amendment. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida amending the City's
deferred compensation plan; and providing an effective date.
Mayor Jablin announced that even though item "c" had been removed, the petitioner wished to
speak. Item c: Resolution 227, 2004 - Borland Center Plat. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida approving the Borland Center plat; and providing an
effective date. Steve Cohen, Holland & Knight law firm, clarified that the petitioner was
requesting continuance for three reasons which they would like to discuss at the next meeting,
that they hoped to deliver a conservation easement for Council's review and acceptance, to
clarify conditions in the development order 40 and 41 relating to offsite mitigation, and to
approve the plat for Borland Center at the January 6 meeting. Eileen Tucker, 1045 Shady Lakes
Circle, asked if the public could participate on January 6, which was affirmed. The City Attorney
confirmed the amount of offsite mitigation had been determined.
RESOLUTIONS
Resolution 232, 2004 - Vehicle Purchase Award. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida awarding contracts for the purchase of twenty -two vehicles to
Garber Ford, Don Reid Ford, Duval Ford, Beck Dodge, Atlantic Truck Center, Classic
Chevrolet, and Maroone Chevrolet via an existing contract with the Florida Sheriffs association,
Contract No. 04 -12 -0823; and providing an effective date. Staff presentation was made by James
Lund, the Fleet Maintenance Superintendent. Councilmember Delgado made a motion to
approve Resolution 232, 2004. Vice Mayor Russo seconded the motion, which carried by
unanimous 5 -0 vote.
PUBLIC HEARINGS:
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/16/04
Part I — Quasi
Ordinance 43, 2004 - An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida (presented for second reading and adoption) relating to rezoning; rezoning a parcel of
land consisting of 7.60 acres, more or less, located South of parcel 5B, immediately North of the
NorthCorp PCD, East of RCA Boulevard, and West of the FEC Railway, as described more
particularly herein, from a Research and Light Industrial Park (MI) zoning designation to a
Mixed -Use Planned Unit Development (MXD /PUD) overlay with an underlying zoning of
Mixed -Use (MXD), to be known as Gardens Station; revising the zoning district map; and
providing an effective date. Companion Resolution to Ordinance 43, 2004: Resolution 217, 2004
- approval of a rezoning from a Research and Light Industrial Park (M1) classification to a
Mixed Use Planned Unit Development MXD /PUD. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving the master development plan for the
approximately 7.60 -acre property, known as the "Gardens Station ", located south of Parcel 5B,
immediately North of the NorthCorp PCD, East of RCA Boulevard, and west of the FEC
Railway, as more particularly described herein to allow the development of 12,450 square feet of
general commercial use, 17,550 square feet of medical use, 44,500 square feet of professional
office use, and 3,500 square feet of financial use; providing for waivers; providing for conditions
of approval; and providing an effective date. The City Clerk read Ordinance 43, 2004 on second
reading by title only and companion Resolution 217, 2004 by title only. The following ex -parte
communication was disclosed: Councilmember Delgado met with staff; Councilmember Levy
met with Don Hearing; Vice Mayor Russo spoke with Mr. Catalfumo. Planner Autumn Sorrow
presented the staff report. Vice Mayor Russo indicated he had been confused, thinking this was
the Catalfumo property. Donaldson Hearing made a presentation on behalf of the petitioner.
Councilmember Delgado moved approval of Ordinance 43, 2004 on second reading by title only.
Vice Mayor Russo seconded the motion, which carried by unanimous 5 -0 vote. Councilmember
Delgado made a motion to approve Resolution 217, 2004. The motion was seconded, which
carried by unanimous 5 -0 vote.
Ordinance 44, 2004 — Parcel 513 rezoning to a Mixed -Use Planned Unit Development was
presented for second reading and adoption. An Ordinance of the City Council of the City of
Palm Beach Gardens, Florida relating to rezoning; rezoning a parcel of land (known as parcel
513) consisting of 30 acres, more or less, located at the Southwest corner of Alternate AIA and
PGA Boulevard, as more particularly described herein, from a Research and Light Industrial
park (Ml) zoning designation to a Mixed Use Planned Unit Development (MXD PUD) overlay
zoning designation with an underlying zoning designation of Mixed Use (MXD) to be known as
the "RCA Center PUD "; and providing an effective date.
Resolution 216, 2004 - Parcel 5B site plan approval. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving the master development plan for the
approximately 30 -acre property, known as the "RCA Center PUD" (A.K.A. Parcel 513), located
at the Southwest corner of Alternate A 1 A and PGA Boulevard, as more particularly described
herein, to allow the development of 150,000 square feet of retail use, 100,000 square feet of
office use, and 50,000 square feet of industrial use; providing for waivers; providing for
conditions of approval; and providing an effective date. The City Clerk read Ordinance 44, 2004
by title only on second reading, and companion Resolution 216, 2004 by title only. Mayor Jablin
declared the public hearing open. Ex -parte communication was disclosed: Councilmember
Delgado had met with staff; Councilmember Levy spoke with resident Michael Cory; Vice
Mayor Russo reported his ex -parte for this item under the previous agenda item. Senior Planner
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/16/04
Michael Sanchez presented changes since first reading. Roger Blangey, Garden Woods resident
and representative for Garden Woods for the Tri Rail Station, commented parking had not been
discussed. Staff explained there was a requirement to come back within 90 days with a plan for
Tri -Rail parking. Mr. Blangey requested notification of the meeting regarding the plan. Hearing
no further comments from the public, Mayor Jablin declared the public hearing closed. The
applicant was urged to seek value added employers. Councilmember Delgado moved approval of
Ordinance 44, 2004 on second reading by title only. Councilmember Valeche seconded the
motion, which carried by unanimous 5 -0 vote. Councilmember Delgado moved approval of
Resolution 216, 2004. Councilmember Valeche seconded the motion, which carried by
unanimous 5 -0 vote.
Resolution 221, 2004 - Mirasol Walk PUD Sun Trust Bank. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida an amendment to the Mirasol Walk Planned Unit
Development (PUD), to allow the construction of a 4,279 square -foot Sun Trust Bank with four
drive -thru lanes and an ATM on an approximately 1.5 -acre parcel, as more particularly described
herein; providing for waivers; providing for conditions of approval; and providing an effective
date. The City Clerk read Resolution 221, 2004 by title only. Mayor Jablin declared the public
hearing open. During disclosure of ex -parte communication, Councilmember Delgado disclosed
that she had met with staff. Senior Planner Brad Wiseman presented the staff report. Mayor
Jablin requested the City do everything possible to facilitate installation of traffic lights on PGA
Boulevard as soon as possible since this shopping center would increase traffic. Hearing no
comments from the public, Mayor Jablin declared the public hearing closed. Councilmember
Delgado made a motion to approve Resolution 221, 2004. Councilmember Levy seconded the
motion, which carried by unanimous 5 -0 vote.
Resolution 225, 2004 - Bascom Palmer Eye Institute Site Plan Amendment. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving a site plan amendment for
the Bascom Palmer eye institute located within the PGA National Development of Regional
Impact (DRI) /Planned Community Development (PCD) located on the Southwest corner of the
intersection of PGA Boulevard and Fairway Drive, as more particularly described herein, to
allow the development of 57,600 square feet of medical use and 10,380 square feet of
professional office use, for a total of 67,980 square feet; providing for waivers; providing for
conditions of approval; and providing an effective date. The City Clerk read Resolution 225,
2004 by title only. Mayor Jablin declared the public hearing open. During disclosure of ex -parte
communication, Councilmember Delgado disclosed that she had met with staff. Planner Jackie
Holloman presented the staff report. Donaldson Hearing spoke on behalf of the applicant.
Signage and connectivity issues were discussed at length. Issues to be worked out were the
donor sign, connectivity by the "C" building, and change configuration to make sure it was very
safe. Staff requested half an hour to work on changes to the language. Mayor Jablin announced
the public hearing was still open.
Part II — Non Ouasi
Ordinance 45, 2004 - Amendment to map "O" of the Comprehensive Plan of the City of Palm
Beach Gardens, entitled "Conceptual Thoroughfare Plan," to delete the portion of Victoria Falls
Boulevard (segment # 12),presented for second reading and adoption. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida amending Map "O" of the Transportation
Element of the Comprehensive Plan of the City of Palm Beach Gardens. Entitled "Conceptual
Thoroughfare Plan." To delete the portion of Victoria Falls Boulevard (Segment #12) extending
from Military Trail to Alternate AIA; and providing an effective Date. The City Clerk read
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/16/04 5
Ordinance 45, 2004 on second reading by title only. Carolyn Chaplik, 715 Hudson Bay Drive,
commented The Isles residents still wanted to have Victoria Falls Boulevard removed from the
comprehensive plan. Councilmember Delgado made a motion to approve Ordinance 45, 2004 on
second reading by title only. Vice Mayor Russo seconded the motion, which carried by
unanimous 5 -0 vote. Vice Mayor Russo made a motion to reconsider Ordinance 45, 2004.
Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Mayor
Jablin declared the public hearing open, and Ms. Chaplik's comment was incorporated. Hearing
no further comments from the public, Mayor Jablin declared the public hearing closed.
Councilmember Delgado made a motion to approve Ordinance 45, 2004 on second reading by
title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
Ordinance 48, 2004 - Adopting a new Economic Development Element, presented for second
reading and adoption. An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida adopting a new Economic Development Element of the City of Palm Beach Gardens
Comprehensive Plan; and providing an effective date. The City Clerk read Ordinance 48, 2004
by title only. Mayor Jablin declared the public hearing open. Vice Mayor Russo moved to
continue the public hearing to the meeting of January 6, 2005. Councilmember Delgado
seconded the motion, which carried by unanimous 5 -0 vote.
ORDINANCES
Ordinance 46, 2004 - Firefighters' Pension Plan; amending section 38 -69, code of ordinances,
entitled "exemption from execution, non - assignability," to comply with chapter 2004 -21, laws of
Florida. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating
to the Firefighters' Pension Plan; amending section 38 -69, code of ordinances, entitled
"exemption from execution, non - assignability," to comply with chapter 2004 -21, laws of
Florida, to provide that retirees may authorize direct third -party payments as a deduction from
net benefits for specific purposes; providing for codification; and providing an effective date, for
consideration on first reading. Finance Director Owens presented the amendment. a motion was
made to place Ordinance 46, 2004 on first reading by title only. Councilmember Delgado
seconded the motion, which carried by unanimous 5 -0 vote.
RESOLUTION 225, 2004 — Mayor Jablin announced that the public hearing was still open.
Bernard Elias, PGA National resident and board member, and Chairman of Architectural Review
Committee, reported they wanted the northern access to be an entrance only. They had
compromised after many discussions but this might not be the best solution. Mr.. Elias also
discussed monument signage. Configuration concerns were discussed. The City Attorney
suggested two amendments: the first on page 6 to take out the last sentence of the first waiver
which prohibits the donor signs and add additional language - no more than two additional donor
signs may be allowed subject to the approval of the Growth Management Director; and the
second on page 7 line3 to delete the language that starts with `except for all non - radial parking
spaces' which would allow the waiver to apply to more parking spaces so the applicant could
meet the number required by code. Growth Management Director Charles Wu advised the
applicant had also agreed donor signs would not exceed 24 ", which was added on page 6.
Hearing no further comments from the public, Mayor Jablin declared the public hearing closed.
Councilmember Levy made a motion to approve Resolution 225, 2004 with the amendments
read into the record by the City Attorney and the Growth Management Director. Councilmember
Delgado seconded the motion, which carried by unanimous 5 -0 vote.
ITEMS FOR COUNCIL ACTIONlDISCUSSION:
Vice Mayor Russo reported he received a call from former Mayor Martino, who was interested
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/16/04
0
in whether the health insurance for Council could apply to former members. The City Manager
was to research this matter.
CITY ATTORNEY REPORT:
The City Attorney reported that a check had been received which finalized the Suffolk
Construction matter.
ADJOURNMENT:
There being no further business to di
APPROVAL:
MA
was adjourned at 10:37 p.m.
RUS SO
COUN
ATTEST:
PATRICIA SNIDER
CITY CLERK
W
ER VALECHE