HomeMy WebLinkAboutMinutes Council 100704 - Joint with lake ParkCITY OF PALM BEACH GARDENS
JOINT COUNCIL MEETING MINUTES
PALM BEACH GARDENS AND LAKE PARK
October 7, 2004
The October 7, 2004 Joint Meeting of the City Council of the City of Palm Beach Gardens, Florida,
and the Town of Lake Park, Florida was called to order at 7:06 R.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 Russo, Councilmember Delgado, and Councilmember Levy of
the City of Palm Beach Gardens; Mayor Castro, Commissioner Carey, and Commissioner Daly from
the Town of Lake Park.
COMMENTS FROM THE PUBLIC: There were no comments from the public.
PUBLIC HEARING
PART I — QUASI- JUDICIAL: Mayor Jablin announced this was a public hearing.
Ordinance 16, 2004 — Target Rezoning and Site Plan Review. An Ordinance of the Town
Commission of The Town of Lake Park, Florida, rezoning a 10.83 acre portion of 19.12 -acre parcel
of land located on the Southeast corner of Northlake Boulevard and Congress Avenue within the
municipal boundaries of the Town of Lake Park and the City of Palm Beach Gardens, as described
more particularly herein, from a Zoning Designation of Traditional Neighborhood Development
(TND) to Planned Unit Development (PUD); providing for codification; providing for severability;
providing for the repeal of laws in conflict; and providing for an effective date. The Clerk swore in all
those intending to offer testimony at the public hearing. Mayor Castro called for ex -parte
communications. There were no ex -parte communications. Mayor Castro declared the public hearing
open. Commissioner Daly made a motion to approve Ordinance 16, 2004. Commissioner Carey
seconded the motion, which carried by unanimous 3-0 vote. Ordinance 16, 2004 was read by Mr.
Baird by caption only.
Resolution 49- 08 -04a. Resolution of the Town Commission of the Town of Lake Park, Florida,
approving the site plan for Northlake Square East for development approval of a 131,839 square foot
retail center on a 10.83 acre portion of a 19.12 acre site generally located at the Southeast corner of
the intersection of Northlake Boulevard and Congress Avenue within the municipal boundaries of the
City of Palm Beach Gardens and the Town of Lake Park, as more particularly described herein;
providing for waivers; providing conditions of approval; and providing an effective date.
Commissioner Daly made a motion to approve Resolution 49- 08 -04a. Commissioner Carey seconded
the motion, which carried by unanimous 3 -0 vote.
Mayor Jablin reviewed the procedure for quasi-judicial cases. The City Clerk swore in all those
intending to offer testimony for Ordinance 30, 2004, Resolution 135, 2004, and Resolution 136,
2004. The City Clerk read by caption Ordinance 30, 2004, Resolution 135, 2004, and Resolution 136,
2004.
Resolution 136, 2004 — Agreement for Payment of Fees in Lieu of Impact Fee. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving an agreement between Target
Corporation, a Minnesota Corporation, and the City of Palm Beach Gardens relating to a payment in
lieu of impact fees for a parcel of land located at the Southeast corner of Northlake Boulevard and
Congress Avenue, as more particularly described herein; and providing an effective date. Mayor Jablin
declared the public hearing open, and called for ex -parte communication for the ordinance and two
resolutions. Vice Mayor Russo disclosed he had a phone call from the petitioner, Mr. Carasello, and
CITY OF PALM BEACH GARDENS JOINT MEETING WITH TOWN OF LAKE PARK, 10/7/04 a
advised him he did not want to discuss the item and there would be a meeting tonight and it would be
discussed, and also he had a conversation with staff. Councilmember Delgado advised she was also
contacted by the petitioner and had a discussion with staff. Councilmember Levy advised he was
contacted by the petitioner, Pete Carasello, discussed impact fees and color of bollards. Mayor Jablin
had conversations with Mr. Carasello and Mr. Maxwell regarding the impact fees. Senior Planner
Kara Irwin presented the staff report. Dodi Glas spoke on behalf of Target. A representative for
Target indicated the traffic study showed there would be 14% of project trips from Target. Mayor
Jablin disclosed he had spoken with representatives of Target as well as Mr. Carasello and agreed he
would support relief for Target in impact fees if they came in before December 1, 2004, and pulled
their permit by February 15, they would be subject to the old impact fees currently in effect. Council
discussion ensued. Consensus was to grant permission for Target to pay 100% of the impact fees at
today's existing impact fee rate regardless of whether they got their application in by a particular date.
Staff was agreeable. The City Attorney advised this could be accomplished by deleting the sentence in
paragraph two of the actual agreement that began "The developer acknowledges the city is currently
in the process of amending the impact fee schedule.... ", and adding a sentence to the effect that the
impact fee calculations shall be based on the fees in effect on the date this agreement is approved. A
representative of Target spoke regarding the amount they paid the county in impact fees according to
the interlocal agreement and expressed his opinion they had negotiated with staff paying impact fees
on the 43% of the project which was the portion located in the city of Palm Beach Gardens and that
paying 100% would be roughly $150,000 more than they had allocated for this project; if fees got too
high they might have to pull the project. Dodi Glas indicated the client should move forward. Vice
Mayor Russo commented if the Target project was pulled and another project proposed, this
reduction in impact fees to be paid at the current rate was only for the Target project and any other
projects would pay 100% ofthe impact fees at the new rate. The City Attorney advised that could be
done by having the ordinance and resolution become effective upon execution of the agreement, and
when the other resolution was considered a condition would have to be added that there had to be an
acceptable payment in lieu; if Target was no longer the builder then there would have to be a new
agreement. Councilmember Levy made a motion to amend Resolution 136, 2004 with the language
read into the record by Attorney Christine Tatum. Vice Mayor Russo seconded the motion, which
carried by unanimous 4 -0 vote. Mayor Jablin noted he had not closed the public hearing. Vice Mayor
Russo made a motion to reconsider, seconded by Councilmember Levy, and unanimously carried.
Mayor Jablin asked if any member of the public wished to speak on Resolution 136, 2004. Hearing no
comments from the public, Mayor Jablin declared the public hearing closed.. Councilmember Levy
made a motion to approve Resolution 136, 2004 as amended and read into the record by Attorney
Christine Tatum. Vice Mayor Russo seconded the motion, which carried by unanimous 4 -0 vote.
Ordinance 30, 2004 2" d Reading and Adoption — Target Rezoning and Site Plan review. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning the 8.29 -acre
portion of a 19.12 -acre parcel of land, located on the Southeast comer of Northlake Boulevard and
Congress Avenue, which lies within the municipal boundaries of the City of Palm Beach Gardens, as
described more particularly herein, from a zoning designation of Research and Light Industrial Park
(M1) to Planned Unit Development (PUD) overlay with an underlying zoning district of General
Commercial (CG -1); and providing an effective date. Mayor Jablin declared the public hearing open.
Mayor Jablin verified that ex -parte communication had been given for all of the items. Senior Planner
Kara Irwin reviewed signage changes since the previous meeting. Dodi Glas, Urban Design Studio,
spoke on behalf of the applicant and requested the color of the bollards be changed to red, at least at
the entry way. Discussion ensued from both Councils. Consensus was to grant the request. Jamie
CITY OF PALM BEACH GARDENS JOINT MEETING WITH TOWN OF LAKE PARK, 10/7/04 3
Gentile, Town of Lake Park, clarified their condition 6 prohibited the red color and the Town could
reconsider their approval. Mayor Jablin announced Palm Beach Gardens could continue consideration
of their Ordinance 30, 2004. Hearing no comments from the public, Mayor Jablin declared the public
hearing closed. Councilmember Delgado moved to place Ordinance 30, 2004 on second reading and
to adopt Ordinance 30, 2004. Vice Mayor Russo seconded the motion, which carried by unanimous
4 -0 vote.
Resolution 135, 2004 — Target Rezoning and Site Plan review. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida approving the master development plan for Congress Plaza
East at the 19.12 -acre parcel of land located on the Southeast corner of Northlake Boulevard and
Congress Avenue which lies within the municipal boundaries of the City of Palm Beach Gardens and
the Town of Lake Park, as described more particularly herein, to allow for a 131,839 square -foot
retail building; providing for waivers; providing for conditions of approval; and providing an effective
date. It was agreed there would be no change regarding the color of the bollards so that the City's
resolution would match Lake Park's resolution. Dodi Glas requested changes to conditions.
Councilmember Levy made a motion to continue Resolution 135, 2004. Councilmember Delgado
seconded the motion, which carried by unanimous 4 -0 vote.
ADJOURNMENT:
There being no further business to discuss, the meeting was adjourned at 8:20 p.m.
CITY OF PALM BEACH GARDENS
ATTEST:
PATRICIA SNIDER, CM
CITY CLERK
TOWN OF LAKE PARK
ATTEST: OA % AKE pI-A�
VIVIAN MENDEZ •' Q.
TOWN CLERK FLORN�