HomeMy WebLinkAboutMinutes Council 0403081
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CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
April 3, 2008
The April 3, 2008 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,
by Mayor Eric Jablin.
Mayor Jablin announced public budget workshops on Thursday, May 1, 2008 and
Thursday, May 15, 2008 at 6:00 p.m. in Council Chambers directly preceding the
Regular City Council meetings.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
The City Clerk called the roll and the following elected officials were found to be in
attendance: Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Joseph Russo,
Councilmember Jody Barnett and Councilmember Robert Premuroso.
III. ADDITIONS, DELETIONS, MODIFICATIONS
Additions — Consent
Proclamation of America's 50 best hospitals.
Deletions
City Manager Report — Code Enforcement Trends and Issues. This item was covered in
the 6:00 p.m. workshop.
Modifications — Part I, Quasi - Judicial
Ordinance 1, 2008 — (1st reading) Establishment of the Parcel 5A Community
Development District.
Ordinance 2, 2008 — (1st reading) Establishment of the Parcel 5B Community
Development District.
The applicant has requested postponement to no certain date. Applicant is continuing to
gather information to discuss with staff. A copy of the letter from the Special Services
District has been approved for each Councilmember.
Motion
Councilmember Russo made a motion for approval. Vice Mayor Levy seconded with
discussion.
Vice Mayor Levy stated that he remembers both Ordinances coming before Council
previously. He asked if it can be assured that the next time they are on the Agenda that it
does take place. Mayor Jablin stated that he does not know if Council has the authority to
make an item stay on the Agenda. Mayor Jablin agreed both Ordinances have been on the
Agenda before and sometimes people come to a meeting because items are on the
Agenda and are disappointed when they are pulled at the last minute. Mayor Jablin
suggested the next time both Ordinances are placed on the Agenda again for an up or
down vote, it be in earnest. Councilmember Russo stated there used to be a policy of not
allowing more than two or three postponements. Mayor Jablin agreed with Vice Mayor
Levy and Councilmember Russo. Mayor Jablin then asked for a show of hands among
the audience of people who came because Ordinance 1, 2008 and Ordinance 2, 2008 were
on the Agenda, to which there was a response.
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Motion carried unanimously, 5 -0.
IV. ANNOUNCEMENTS AND PRESENTATIONS
a. Annual Audit Report. Finance Administrator Allan Owens presented the Annual
Financial Report for the fiscal year ending September 30, 2007. The statements have
been audited by McGladrey and Pullen, LLP, who will present their report tonight to
Council. Allan Owens presented highlights from the financial report including: General
Fund Undesignated Fund Balance as of the end of last year was $15.8 million
representing 22.5 percent of the total General Fund expenditures, which puts the City in a
sound financial position going into next year's budget process and there has been only
one management letter recommendation in 3 years. Allan Owens thanked his staff for
their excellent work and introduced Donnovan Maginley, McGladrey and Pullen, LLP,
who reviewed the audit report. Mr. Maginley stated the audit report was prepared
according to audit standards and government audit standards as prescribed by Florida
Statute. The opinion given is an unqualified opinion, which is the highest level of
assurance an auditor can provide. Mr. Maginley stated there was one letter of comment
noted during the course of the audit. It is not considered a significant deficiency or
material weakness, but an area of improvement to be continued in the course of the
operation of the accounting functions. Mr. Maginley offered to answer questions.
Councilmember Premuroso commented on the excellent work of McGladrey and Pullen,
LLP, and to Mr. Owens, who was able to answer questions immediately during the
course of their meeting, and to Mr. Owens' staff for their excellent work. Councilmember
Russo thanked Mr. Maginley and the staff for their fine work.
V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE
REPORTS
Councilmember Jody Barnett stated she would forego her statement having given her
report during the workshop.
Vice Mayor David Levy reported his attendance by teleconference at a Workforce
Alliance Consortium meeting where a presentation was given on the research on youth
contractors. Following the presentation, the FY 2008 -2009 contracts were executed.
They will be renewable on an annual basis for up to 5 years and Mr. Harry Bernard was
approved to be a member of the Executive Board. Shirley Walker was recognized as the
Mayor of South Bay, replacing Clarence Anthony. Vice Mayor Levy also reported his
attendance at the Loxahatchee Management Coordinating Council where the Tanah Keeta
Boy Scout Reservation was discussed. There was a presentation on lead contamination
migration and Vice Mayor Levy is confident Tanah Keeta's Management Plan will
prevent any contamination going into the river. Tanah Keeta Boy Scout Reservation was
requested to give a future presentation addressing the structural improvements being
made within the 300 -foot boundary of the river. Also discussed was a new bridge at
Northlake Boulevard that will span the Loxahatchee River Slough, which will allow
better water movement to the North and help keep the catchment area fresh and full. The
Cypress Creek Wetlands restoration has an area called the Three Brothers Tree Farm. The
County is planning a recreational vehicle (RV) park for the site. The Council adopted a
Resolution encouraging the County to acquire the land for preservation. By Resolution
the County was requested to give a presentation on the RV park. There was discussion of
water quality from the South Indian River Water Control District, which states when it
rains more nutrients get into the water. A presentation on Flow Way 1 was given, citing
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the high concentration of chlorides in the rock pit. The District believes the chlorides are
remnants of the mining operation that was there and the levels will drop with time.
Councilmember Russo reported a phone call from a biotech company interested in
relocating to the area. The company representatives were unable to come because of
weather conditions. Mayor Russo turned the matter over to City Manager Ron Ferris.
Councilmember Premuroso reported he and Councilmember Barnett attended the Annual
Easter Egg Hunt, which was a great success. He offered thanks to Parks and Recreation
for their work. Councilmember Premuroso attended the Palm Beach Gardens Medical
Center's ceremony for the top 1 percent rating received for clinical excellence.
Mayor Jablin wished a happy birthday to Kara Irwin, Charlotte Presensky and Chief
Stepp. Mayor Jablin discussed the City's 2009 50th anniversary and its founding by John
D. McArthur. He introduced Steve Cohen, a former employee of the John D. and
Catherine T. McArthur Foundation and presently with the Holland & Knight Law Firm.
Mayor Jablin reported meeting Jonathan Stanton, president of the John D. and Catherine
T. McArthur Foundation, at the Forum Club. Mayor Jablin encouraged discussion with
the McArthur Foundation on suggestions for the next 50 years and possibilities for a
legacy. Steve Cohen stated the Foundation has told him not to let expectations get too
high, but it is interested in getting together with other community organizations to help
with the 50th anniversary celebration. Steve Cohen asked that Council officially
designate Mayor Jablin to continue the dialogue with the McArthur Foundation. Mayor
Jablin requested Council's permission for him to go forward with the discussions. All
Councilmembers agreed. Mayor Jablin reported Patty Anderson, Provost, Palm Beach
Community College (PBCC), is interested in expanding the college to the Western
communities and would like the support of the City. Mayor Jablin asked Public Relations
Director Donna Giuliana to draft a letter of support addressed to the Mayor of the Village
of Wellington. Mayor Jablin reported receiving a letter from the Tri -Rail Regional
Transportation Authority asking for letters from municipal leaders supporting its funding.
Councilmember Barnett asked for specific information due to budget cutbacks.
Councilmember Russo and Vice Mayor Levy supported the request. Mayor Jablin was
directed to write the letter. Mayor Jablin read from a letter by Rim Bishop and announced
a possible water restriction surcharge by Seacoast because of the water restrictions. Vice
Mayor Levy stated the water tables are 2 to 3 feet higher this year than they were at this
time last year. He explained if the water in the aquifer is too high there is a tendency for
flooding. He disagreed with the South Florida Water Management District's position
stating the Eastern part of the County has plenty of water. Councilmember Russo thanked
Mayor Jablin for the new chairs on the dais. Discussion of a town hall meeting date
ensued with Wednesday, May 14, 2008, at 7:00 p.m. in Council Chambers being chosen.
Discussion of citizen notification methods and subject matter ensued. Public Relations
Director Donna Giuliana was asked to present notification methods.
VI. CITY MANAGER REPORT
City Manager Ron Ferris stated Finance Administrator Allen Owens has advised him the
$1.2 million Federal Emergency Management Agency (FEMA) reimbursement is now in
the bank.
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VII. COMMENTS FROM THE PUBLIC
Sharon Long, 4267 Linden Avenue, Garden Woods, Palm Beach Gardens, which borders
Parcel 5A, requested the City not grant concessions to Catalfumo Construction for
Parcels 5A and 5B that are not afforded other developers. She explained her objections to
Ordinance 1, 2008 and Ordinance 2, 2008, citing possible financial damage to the City's
bond rating.
Roger Balangy, 11658 Hemlock Street, Garden Woods, Palm Beach Gardens, explained
his objections to the FEC railroad crossing at Kyoto Gardens Drive at Alternate AlA.
Paula Magnuson, 3167 Gardens East Drive, Sandalwood, Palm Beach Gardens, explained
her issues with subcontractors not pulling permits under the main permit during the
hurricanes and issues that remain at this time.
Susanne Archer, 3187B Gardens East Drive, Sandalwood, Palm Beach Gardens, stated
ongoing issues between Sandalwood owners and the City of Palm Beach Gardens
Building Department.
Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens stated she does not
believe the Community Aesthetics Board and Parks and Recreation are a good fit for
combining. Ms. Chaplik believes the Community Aesthetics Board would be a fit with
the Art in Public Places Advisory Board since they both deal with beautification. Ms.
Chaplik noted 4,657 signs being removed by Code Enforcement. She believes political
signs are part of the issue and perhaps the City should stop political signs from being
installed. Ms Chaplik asked if Parcel 5A and 5B will have to be re- advertised because it
was postponed without a date certain.
Joe Ryan, 5125 South County Road 101, Minnetonka, Minnesota, stated his involvement
with the Gander Mountain project. He thanked the City Council, Planning and Zoning
and staff for their assistance with the project. Mr. Ryan invited City Council to the
Gander Mountain Grand Opening on Friday, April 11, 2008 at 7:40 a.m. with the ribbon
cutting at 7:50 a.m. Mayor Jablin thanked Mr. Ryan for Gander Mountain's efforts to
work with the surrounding neighbors and work out issues. Mayor Jablin congratulated
Mr. Ryan for the store's opening success.
Joey Eichner, President, Catalfumo Development, attending tonight's Council meeting as
a member of the PGA Corridor Association. Mr. Eichner congratulated the
Councilmembers on their election success. Mr. Eichner cited the PGA Corridor
Association's mission of preserving and promoting the PGA corridor as a premier
business location in Palm Beach County. He offered his support of the PBCC expansion.
Mr. Eichner gave the following schedule: April 22, 2008, 7:30 a.m., Palm Beach
Community College, the 7th Annual PGA Corridor Update; May 14, 2008, 7:30 a.m.,
Palm Beach Community College Eissey Theater, guest speaker Hank Fishkind.
Anthony Tricarico, 11720 Ficus Street, Palm Beach Gardens, thanked Code Enforcement
Operations Director David Reyes for his assistance in resolving his land issue and then
explained his issue with Code Enforcement over his mildew - stained roof. He also
requested Council to revisit the Code for commercial vehicles parked in residential
neighborhoods. Discussion ensued between Mayor Jablin and Mr. Tricarico.
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I VIII. CONSENT AGENDA
2 Motion
3 Vice Mayor Levy made a motion to approve the Consent Agenda. Councilmember
4 Barnett seconded. Motion carried unanimously, 5 -0. Therefore, the following items were
5 approved on the Consent Agenda:
6 a. Proclamation — Drowning Prevention Month.
7 b. Proclamation —Call 811 before you dig month.
8 c. Proclamation — Fair Housing Month.
9 IX. PUBLIC HEARINGS
10 Part I — Quasi - judicial
11 Mayor Jablin announced the procedures that would be followed in tonight's quasi -
12 judicial proceedings. The City Clerk swore in all those intending to offer testimony in
13 any of tonight's public hearings. The City Clerk read Ordinance 5, 2008 by title. Mayor
14 Jablin declared the public hearing open and requested ex parte communications.
15 Councilmember Premuroso and Mayor Jablin declared a meeting with Donaldson
16 Hearing, Cotleur & Hearing; Melanie Borkowski, Palm Beach County and Ian Nestler,
17 Pierce, Goodwin, Alexander & Linville (PGAL).
18 a. Ordinance 1, 2008 Establishment of the Parcel 5A Community Development District
19 (removed under Additions, Deletions, Modifications).
20 b. Ordinance 2, 2008 Establishment of the Parcel 513 Community Development District
21 (removed under Additions, Deletions, Modifications).
22 c. Ordinance 5, 2008 — (Is' reading) North County Government Center Planned
23 Community Development Amendment. An Ordinance of the City Council of the City of
24 Palm Beach Gardens, Florida relating to the rezoning of the North County Government
25 Center Planned Community development (PCD) located at the Southwest corner of PGA
26 Boulevard and Campus Drive; Amending Ordinance 18, 1995 and Ordinance 54, 1997 to
27 transfer and amend the master site plan approval and related conditions to a separate
28 Resolution; rezoming the 6.99 -acre Department of Motor Vehicles parcel from PCD to
29 Planned Development Area (PDA) with a underlying zoning designation of Public or
30 Institutional (P /1); and providing an effective date. [Resolution 26, 2008 is a companion
31 item to Ordinance 5, 2008 and will require Council action only at second reading.]
32 Resolution 26, 2008 — Adoption of the North County Government master site plan. A
33 Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the
34 North County Government Center Planned Community Development (PCD), located at
35 the Southwest corner of PGA Boulevard and Campus Drive, to reconfigure certain
36 parcels, provide the required linkage roads throughout the parcels, relocate the
37 Environmental Preserve to the West side of the North -South Linkage road, eliminate the
38 6.99 -acre Department of Motor Vehicles parcel from the limits of the PCD, as more
39 particularly described herein; providing waivers; providing conditions of approval; and
40 providing an effective date. [Resolution 27, 2008 is a companion item to Ordinance 5,
41 2008 and will require Council action only at second reading.]
42 Resolution_ 27, 2008 — North County Regional Library Site Plan Amendment. A
43 Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the
44 site plan for the North County Regional Library, located on the Northwest corner of
45 Campus Drive and Fairchild Avenue, to allow a 14,612- square -foot addition to the
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existing 24,920- square -foot facility; providing waivers; providing conditions of approval;
and providing an effective date.
Donaldson Hearing, Cotleur & Hearing, appearing on behalf of Palm Beach County,
explained the PCD amendment and site plan modification approvals being requested. Mr.
Hearing introduced Melanie Borkowski and Eric McClellan, Palm Beach County; Fred
Roth, Michael B. Schorah & Associates, architects Konrad Kwok and Ian Nestler, PGAL;
and Anna Cotrell, planning staff. Mr. Hearing described the site location, existing
improvements, proposed linkage roads and request for removal of the existing Division
of Motor Vehicles from the PCD. Mr. Hearing described the existing library and the
proposed expansion. He then described the existing roofline of the library and asked
Council's direction on whether the new addition should have a flat roof or mansard roof.
Mr. Hearing cited the waivers being requested: 1) parking, the proposed expansion
provides for more parking than code requires; 2) sidewalk within the requirements of
other PCDs, and 3) requirement to have a boundary plat prior to the first building permit,
request is to have the boundary plat recorded prior to the Certificate of Occupancy (CO)
so the project can commence sooner. The Planning, Zoning and Appeals Board
unanimously supported the request. Mr. Hearing extended his thanks to Allyson
Maiwurm and staff for their help and cooperation.
Councilmember Levy asked if the environmental survey of the property has been done,
citing this is a prime area for gopher tortoises. Mr. Hearing replied he is not sure of the
phase of the survey, but he is sure the bugs and bunnies portion has been completed. He
stated provisions are in place to provide a better habitat for the gopher tortoises.
Councilmember Barnett asked if there is a proposal for Parcel 4. Mr. Hearing stated he is
not aware of any plans. Councilmember Barnett suggested this is a natural area for a
transportation hub. Councilmember Premuroso stated the flat roof in the back has a
painted border. He asked if the addition will be the same size. Mr. Hearing stated the
colored line is carried through the architecture. Allyson Maiwurm, Project Coordinator,
requested direction regarding the library addition roofline. She stated a mansard or
pitched roof would look better aesthetically than a flat roof.
Mayor Jablin opened the public hearing requesting anyone wishing to speak for or
against Ordinance 5, 2008 come forward.
John Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, asked since we are in a time
of tight budgets, why millions of dollars will be spent on a one -block road. He suggested
a heightened level of scrutiny. Growth Management Administrator Kara Irwin stated the
applicant is proposing to expand the library, not build the road. The land will be
dedicated for possible future use.
With no further public comments, Mayor Jablin closed the public hearing and brought
Ordinance 5, 2008 back up to Council for discussion.
Vice Mayor Levy agreed with the waivers and chose the mansard roof. Councilmembers
Barnett and Russo also chose the mansard roof. Councilmember Premuroso stated his
preference for a flat roof. Mayor Jablin stated the majority of Councilmembers prefer the
mansard roof.
Motion
Vice Mayor Levy made a motion for approval of Ordinance 5, 2008 for adoption on first
reading. Councilmember Barnett seconded. Motion carried unanimously, 5 -0.
The City Clerk read Ordinance 9, 2008 by title.
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d. Ordinance 9, 2008 — (1st reading) Klock property office building PUD. An Ordinance
of the City Council of the City of Palm Beach Gardens, Florida relating to rezoning;
rezoning a parcel of land consisting of 3.01 acres, located on the North side of Burns
Road approximately 1,340 feet East of Military Trail, as described more particularly
herein, from Research and Light Industrial Park (M -1) zoning district to Planned Unit
Development (PUD) overlay with an underlying zoning district of Research and Light
Industrial (M -1) zoning district to be known as the Klock Property Office Building PUD;
providing revisions to the zoning district map; and providing an effective date.
[Resolution 28, 2008 is a companion item to Ordinance 9, 2008 and will require
council action only at second reading.]
Resolution 28, 2008 — Klock property office building PUD. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving the Klock property office
building Planned Unit Development (PUD) to allow the development of one building
consisting of 48,000 square feet of professional office use on a 3.01 -acre parcel, as
described more particularly herein; providing waivers; providing conditions of approval;
and providing an effective date.
Mayor Jablin declared the public hearing open and requested ex parte communications.
Vice Mayor Levy stated he spoke by phone today to Roberto Balbis to discuss
environmental issues on the property. Mayor Jablin spoke to the applicant via his
representative, Donaldson Hearing.
Brian Cheguis, Senior Planner, Cotleur & Hearing, appeared on behalf of Peter Cowie
and Bob McIntosh, Comack Burns Road, LLC, for the rezoning of the parcel on Burns
Road adjacent to the City Hall property. A 48,000- square -foot professional office
building is proposed. Mr. Cheguis described the property location, present zoning,
landscaping, and parking. He explained the building was originally designed in a modern
style, but has been reworked to incorporate the building style of the surrounding area
including a tile roof. The three waivers requested include: 1) a reduction in the
foundation planting around the building; 2) tree spacing for a landscape buffer; 3)
permitted signage with a request for a monument sign without the required 300 feet. Mr.
Cheguis requested to defer a parking agreement until second reading so they can work
with staff.
Mayor Jablin asked for questions of the petitioner, with none forthcoming. Mayor Jablin
asked for questions from staff. Growth Management Administrator Kara Irwin stated
there were four requested waivers, which she proceeded to review. Ms. Irwin first
addressed signage. A monument sign requires 300 feet of frontage, the petitioner has 260
feet. No wall signage is requested at this time. Should they want wall signage in the
future they will have to do a master signage program. The next waiver addressed is
foundation planting. The petitioner was asked to rework some of the planned
landscaping, which caused the loss of foundation planting. The petitioner is over the
requirements for open space and the number of plants they are required to plant. An
existing structure prevents the petitioner from planting one required tree. The fourth
waiver is based on development standards, which require 20 acres to develop in the M -1
zoning district. The Klock site requires a waiver because it is a 3 -acre parcel. Staff is
supporting the request because the site can support their proposed use. The setbacks
exceed requirements. Growth Management Administrator Irwin stated her support for the
waivers. The condition of approval being proposed is prior to the issuance of their first
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building permit for this site and requires a cross - parking permit with the City be signed to
allow users of the adjacent City recreational field to park on the subject site during off -
work hours and weekends at no cost to the City. The agreement is similar to that of
Banyan Tree Phase III where the Quarterdeck Restaurant, bank and office building are
located adjacent to Lake Catherine recreational facilities. The condition was in their
development order and they did meet the requirement. Ms. Irwin believes the applicant's
concerns can be addressed through the agreement. She recommends this condition of
approval for the project in the Resolution. Ms. Irwin recommended approval for
Ordinance 9, 2008 on first reading and its companion item.
Mayor Jablin thanked Growth Management Administrator Irwin and asked for questions
from Council. Councilmember Premuroso asked for the site location with a similar
waiver going from 20 acres to 3 acres. Ms. Irwin cited the Belcan Building on Burns
Road. Councilmember Premuroso asked if a gated crossing were possible between the
Klock site and the City playing fields. Ms. Irwin stated a gate, or something similar, can
be addressed in the agreement. Vice Mayor Levy cited environmental concerns including
heavy metal contamination on a portion of the site. The consultant is recommending
removal of the contaminated soil prior to the development of the property. Vice Mayor
Levy believes this is a critical issue because leaching may occur if a retention pond is
built over the contaminated area. He requested a condition of approval stating the work
be completed prior to construction of the dry retention pond. Vice Mayor Levy also
requested the soil under the concrete pad be tested and removed wherever contamination
exists. Councilmember Russo stated the serious nature of this information and Mayor
Jablin agreed. Brian Cheguis stated the petitioner will agree to the conditions requiring
removal of contaminated soil. Mayor Jablin stated his belief that the cross - parking is very
important.
Mayor Jablin opened the public hearing requesting anyone wishing to speak for or
against Ordinance 9, 2008 come forward. With no public comments, Mayor Jablin closed
the public hearing and brought Ordinance 9, 2008 back up to Council for discussion.
Motion
Vice Mayor Levy made a motion for approval of Ordinance 9, 2008 on first reading.
Councilmember Russo seconded. Motion carried unanimously, 5 -0.
Part II — Non - Quasi - judicial
The City Clerk read Ordinance 7, 2008 by title.
a. Ordinance 7, 2008 — (1 st reading) Comprehensive Plan Text Amendment. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the
Future Land Use Element of the Comprehensive Plan of the City of Palm Beach Gardens
to add Residential Very Low (RVL) as an additional Rural Residential Land Use
subcategory for properties located West of the City's urban growth boundary within
newly- annexed areas fronting along Northlake Boulevard; providing for codification; and
providing an effective date.
Mayor Jablin declared the public hearing open.
Dodi Glas, Gentile, Holloway, O'Mahoney & Associates, representing the petitioner,
introduced Marty Minor, Urban Design Studio, and Marty Perry along with the developer
and team members. City Attorney Christine Tatum requested the Text Amendment
(Ordinance 7, 2008) be addressed before the Land Use Ordinance (Ordinance 8, 2008).
Ms. Glas stated she prepared one consolidated presentation for both Ordinances. City
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Attorney Tatum stated the Ordinances had to be voted on separately and she felt it
important they be presented separately. Ms. Glass agreed. She stated the property on
Northlake Boulevard is outside of the urban service boundary and the proposed text
language has been composed to limit the applicability of the land use change in the area.
The two items are: 1) the Future Land Use Amendment for the 69 -acre site and 2) the
Text Amendment limiting the language and applicability of the RVL designation. Ms.
Glas described the location of the property and other parties involved including Palm
Beach County and West Palm Beach. The application was submitted to Palm Beach
Gardens. The Western Corridor Study looked at the area collectively with the other
jurisdictions. In 1998 public hearings were held and a document put together. The
language is referenced in the Palm Beach Gardens Comprehensive Plan in terms of
policy in the Western corridor area. Specifically, the document states the land uses out
West be consistent with the 1993 Palm Beach Gardens Vision Plan. In 1996 the Western
area was designated RVL at one dwelling unit per acre. Ms. Glas described later
documentation and stated the property was not considered urban sprawl. A Local
Planning Agency (LPA) hearing took place with a recommendation of approval. The
items were transmitted to the Department of Community Affairs (DCA) where no
objections, comments or recommendations to policy direction were made. When it came
back the annexation occurred. Also discussed during this time was Mecca Farms, the
Scripps location and Exploration Point. Later discussions indicated Level of Service
(LOS) should be looked at, updated and then wait until further direction on the Western
area was received because of discussion in the County. The LOS continued to be updated
and the Adoption Hearing took place in 2006. Discussion ensued. A letter was received
from the PGA Property Owners Association stating their agreement with one dwelling
unit per acre — single- residence, within the property. The School Concurrency letter is up
to date. Ms. Glas reiterated the Land Use Plan Amendment and the Text Amendment
were composed with the City's Comprehensive Plan, Vision Plan, Northlake Corridor
Direction of Policy and the established development of that corridor. Ms. Glas cited other
developments in the area. Other supporting documentation was cited as well as the
applicant's wishes to go forward. Ms. Glas offered to answer questions, with none
forthcoming. Marty Perry made additional comments and offered additional information
on pending surrounding land use with the County.
Mayor Jablin asked for staff s presentation.
Senior Planner Richard Marrero stated his presentations address Ordinance 7, 2008 and
Ordinance 8, 2008 individually. Senior Planner Marrero stated there have been no
comments from Palm Beach County DCA to date. He cited the specific text changes
stating RVL is not available at this time, but is in the Comprehensive Plan. A map was
presented. Senior Planner Marrero explained the characteristics of RVL Future Land Use
and the need for the densities to be consistent with the rural densities and intensities and
shall receive the LOS for rural areas. The applicant did revise their LOS analysis in 2007.
Senior Planner Marrero cited "The overall densities of the PUDs in the area shall not
exceed the maximum density permitted under the Land Use category." This Text
Amendment will establish the one dwelling unit per acre for RVL. For the Map
Amendment to move forward the density for the urban growth boundary will have to be
decided. Senior Planner Marrero cited "The site design shall be sensitive to natural
resources and environmental characteristics of the property." He stated the environmental
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sensitivity of the Western areas and the intention to preserve them. Staff recommended
approval of Ordinance 7, 2008 based on the City's Vision Plan and the Western
Northlake Corridor Land Use Study, which are not up -to -date studies. Also cited is the
consistency with low- intensity development West of the urban growth boundary.
Mayor Jablin opened the public hearing requesting anyone wishing to speak for or
against Ordinance 7, 2008 come forward.
Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, stated she was upset
because the Ordinance number had been changed from Ordinance 27, 2007. A great deal
of information was recorded for the public record at that time. She noted the president of
the PGA National POA wrote a letter of approval, but had disapproved earlier. Ms.
Chaplik cited her concern for density, agriculture and urban sprawl.
John Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, stated all Councilmembers
ran opposing Western development. Council has fought Western development. He cited
concern for setting a precedent and for water shortages based on overpopulation.
Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens, stated her memory of
Ordinance 27, 2007 and the opposition to western suburban development. She too cited
the president of the PGA National POA's objection. Ms. Elias recommended against
"opening the door."
With no further public comments, Mayor Jablin closed the public hearing and brought
Ordinance 7, 2008 back up to Council for discussion. Councilmember Barnett cited The
Acreage as classic sprawl and her wish not to bring the problem into Palm Beach
Gardens. She also discussed zoning and the current RR10 designation. Councilmember
Barnett stated she could not support the Ordinance. Councilmember Levy stated the
Vision Plan was a good document, but is 12 years old now and the vision of the City is
changing. He does not believe the density if envisioned any longer. He too cited the
problems of The Acreage and stated this proposal would add to an existing problem and
does not support the RVL designation. Councilmember Levy encouraged a commercial
proposal. Councilmember Levy stated he could not support the Ordinance.
Councilmember Russo stated his opposition to the proposal from the beginning.
Councilmember Russo stated he cannot support the Ordinance. Councilmember
Premuroso agreed with Vice Mayor Levy's commercial comments. Councilmember
Premuroso stated he could not support the Ordinance. Mayor Jablin cited traffic issues
and stated he could not support the Ordinance.
Motion
Vice Mayor Levy made a motion to deny Ordinance 7, 2008. Councilmember Barnett
seconded. Motion to deny passed unanimously, 5 -0.
Mayor Jablin deferred to City Attorney Tatum about proceeding on Ordinance 8, 2008.
City Attorney Tatum asked the applicant if he would like to proceed with a vote on
Ordinance 8, 2008. She received an affirmative reply.
The City Clerk read Ordinance 8, 2008 by title.
b. Ordinance 8, 2008 —0 st reading) Large -Scale Land -Use Amendment for a 61.9 Acre
Parcel off of Northlake Blvd. An ordinance of the city Council of the City of Palm Beach
Gardens, Florida amending the Future Land Use Map of the Comprehensive Plan of the
City of Palm Beach Gardens relating to certain property consisting of approximately 61.9
acres, generally located on the North side of Northlake Boulevard approximately one -half
(0.5) mile West of the intersection of Northlake Boulevard and Coconut Boulevard to
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 10
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change the land -use designation from Palm Beach County Rural Residential 20 (RR20) to
City of Palm Beach Gardens Residential Very Low (RVL); and providing and effective
date.
Mayor Jablin declared the public hearing open and asked if the petitioner would like to
give a presentation.
Dodi Glas, Gentile, Holloway, O'Mahoney & Associates, representing the petitioner,
showed a Land Use map. She stated DCA has not found the proposal to be land -use
sprawl and they are consistent with other sites. There was follow -up after Bob Hodgkins
was here. The letter was issued after their last appearance at Council and after Mr.
Hodgkins' objection. Ms. Glas explained the RVL density was designed to allow
clustering and environmental preservation. Marty Perry stated the Vision Plan has not
been changed in 12 years so it is still the Vision Plan.
Mayor Jablin asked if Council had questions, with none forthcoming. Mayor Jablin asked
for staff's presentation.
Growth Management Administrator Kara Irwin addressed Mr. Perry's comments on the
Vision Plan stating the vision for the Western land was Rural Residential (RR) 10 and
RR20. Mayor Jablin commended her point. Senior Planner Richard Marrero addressed
the applicant- initiated request for a large -scale land -use map amendment to change the
current county land -use designation of the 61.9 -acre parcel from RR20 to the Palm Beach
Gardens land -use designation of RVL. If the petition were to come today, staff's
recommendation would not be for approval. The Land Use Amendment was contingent
upon the Text Amendment, which failed. Staff cannot recommend approval for the Land
Use Amendment (Ordinance 8, 2008) without the Text Amendment (Ordinance 7, 2008).
Mayor Jablin asked Council for questions, with no reply.
Mayor Jablin opened the public hearing requesting anyone wishing to speak for or
against Ordinance 8, 2008 come forward.
Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens, stated she received over
1,000 signatures from PGA National residents against any further development in the
Western area.
Mayor Jablin closed the public hearing brought Ordinance 8, 2008 back up to Council for
discussion.
Motion
Councilmember Russo made a motion to deny Ordinance 8, 2008. Vice Mayor Levy
seconded. Motion to deny passed unanimously, 5 -0.
X. RESOLUTIONS
a. Resolution 1, 2008 — Purchase of a Storage Area Network. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving the purchase of a
Compellent Storage Area Network for use in the Police Department via Invitation To Bid
#208 -003; and providing an effective date.
Network Manager Chuck Miserendino stated the need for the Police Department's
requirement for additional storage space and expandability. Present cost of maintenance
and replacement is $32,000 per year. With the Storage Area Network (SAN) costs would
be reduced to approximately $16,000 per year. It will take approximately 5 years to
realize a return on investment. The benefits were explained. Staff recommends approval.
Councilmember Barnett asked if the system will outlast the 5 years it will take to recoup
the cost. Network Manager Miserendino stated it would.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 11
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I Motion
2 Vice Mayor Levy made a motion to approve Resolution 1, 2008. Councilmember Barnett
3 seconded. Motion approved unanimously, 5 -0.
4 Mayor Jablin introduced Resolution 20, 2008. Councilmember Russo stated he would
5 abstain from the vote because Sabatello Enterprises is a client of his firm. Mayor Russo
6 left the dais at 9:51 p.m..
7 b. Resolution 20, 2008 — Concurrent Processing for Northlake Boulevard Shell Station.
8 A Resolution of the City Council of the City of Palm Beach Gardens, Florida allowing
9 the concurrent processing of an annexation, Comprehensive Plan Amendment, rezoning,
10 and Planned Unit Development (PUD) with a minor conditional use for the 0.71 -acre
11 parcel located at the Southwest corner of the intersection of Northlake Boulevard and
12 Military Trail; approving a concurrent processing agreement; and providing an effective
13 date.
14 Growth Management Administrator Kara Irwin explained the issues involved in the
15 concurrent processing. Mayor Jablin confirmed the applicants understands.
16 Motion
17 Vice Mayor Levy made a motion to approve Resolution 20, 2008. Councilmember
18 Barnett seconded. Motion approved unanimously, 4 -0.
19 XI. ORDINANCES (For Consideration on First Reading)
20 None.
21 XII. ITEMS FOR COUNCIL ACTION /DISCUSSION
22 None.
23 XIII. CITY ATTORNEY REPORT
24 None.
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XIV. ADJOURNMENT
There being no further business to come before the Council, Councilmember Russo made
a motion to adjourn. Vice Mayor Levy seconded. Motion carried unanimously, 4 -0. The
meeting was adjourned at 7:53 p.m. The next regularly scheduled City Council meeting
will be held April 17, 2008
APPROVED:
Eric Jablin, Mayor
David Levy is hair
se R. Russo, Cquncilmember
Jody Barnett, f7oundlmember
Robert G. Premuroso, Councilmember
ATTEST:
Patricia Snider, CMC
City Clerk
Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim
transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk.
All referenced attachments are on file in the Office of the City Clerk.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
04.03.08
PAGE 13
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST ME —FIRST NAME -- MIDDLE NAME Q
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
//i
SS0 v_S /0� ^� CC
C
MAILING AD ESS r
r l '�'K
THE BOARD, CO CIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
U(/ S a A4 e_ 4_ �
ITY ❑ COUNTY ❑ OTHER LOCAL AGENCY
CITY I.r_�� COUNTA
NAME OLITICAL SUBDIV ' ON:
A- / , €'+,1T
DATE ON WHICH V TE OCCURRED
O
MY POSITION IS:
3 log G lAIJ a U a60 S
k ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
Inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 813 - EFF. 1/2000 PAGE 1
APPOINTED OFFICERS (continued)
e A copy of the form must be provided immediately to the other members of the agency.
a The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1, S G �1-{ k. /� SS o , hereby disclose that on , 20 O�
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of , by
whom I am retained; or
Inured to the special gain or loss of which
Is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
�1' 'Z
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 112000 PAGE 2