HomeMy WebLinkAboutMinutes Council 0515081 CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 May 15, 2008
5
6 The May 15, 2008 Regular Meeting of the City Council of the City of Palm Beach Gardens,
7 Florida, was called to order at 7:11 p.m. in the Council Chambers of the Municipal Complex,
8 located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Eric Jablin.
9 I. PLEDGE OF ALLEGIANCE
10 II. ROLL CALL
11 The City Clerk called the roll and the following elected officials were found to be in
12 attendance: Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Joseph Russo,
13 Councilmember Jody Barnett and Councilmember Robert Premuroso.
14 III. ADDITIONS, DELETIONS, MODIFICATIONS
15 Additions — Resignation of City Attorney Christine Tatum to be discussed under the Items of
16 Resident Interest.
17 Deletions — None.
18 Modifications — Reorder the presentations and put the Palm Beach Gardens High School Boys
19 Varsity Lacrosse Team first.
20 Motion
21 Vice Mayor Levy made a motion for approval of the Additions, Deletions and Modifications
22 as read into the record by Mayor Jablin. Councilmember Barnett seconded. The motion
23 carried unanimously, 5 -0.
24 IV. ANNOUNCEMENTS AND PRESENTATIONS
25 (Reordered from the agenda under Section III, Additions, Deletions and Modifications.)
26 Vice Mayor Levy stated he is very proud of the Palm Beach Gardens High School Boys
27 Varsity Lacrosse Team, especially since they beat H.B. Plant High School, his alma mater.
28 a. Recognition of the Palm Beach Gardens High School Boys Varsity Lacrosse Team.
29 Mayor Jablin welcomed and recognized the Palm Beach Gardens High School Boys Varsity
30 Lacrosse Team for winning the State of Florida IA Championship and finishing the season
31 undefeated. A brick paver will be installed in front of City Hall to commemorate their
32 perseverance, dedication and outstanding achievement.
33 Vice Mayor Levy stated Palm Beach Gardens High School has won four State Championships
34 in the last six years and W.T. Dwyer High School has won three. Vice Mayor Levy
35 complimented the Parks and Recreation Department for their staff and training.
36 b. Solid Waste Authority — New Land Fill. Mayor Jablin introduced Don Mathis and Amber
37 Barrett of CDM Engineering. Mr. Mathis stated there are three alternative sites that have
38 submitted proposals under a request for proposal (RFP) and are being reviewed by the Board
39 of Solid Waste, which is the Board of County Commissioners. Ms. Barrett gave a presentation
40 on the need, planning, designing and permitting of the next Palm Beach County land fill. She
41 described the present North County facility and the system of transfer stations. The timeline
42 for the new facility is 2021, but it takes 20 permits before ground can be broken. The Solid
43 Waste Authority owns 1600 acres of land purchased in 1996, which is located near the
44 Atlantic Sugar Mill. The County's Comprehensive Plan was amended in 1997 to include this
45 site, which is remote, not located near any municipalities and has a 50 -year capacity. The
46 sensitive environment is being taken into consideration so the wildlife refuge is not negatively
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impacted. Councilmember Russo thanked Mr. Mathis and Ms. Barrett. Mayor Jablin stated
the difficulty of the permitting process ahead. The new site is approximately the same length
as the existing site, but is twice as wide. Vice Mayor Levy stated the new land fill will have
methane collection and be built to hazardous waste specifications even though there will be
no hazardous waste.
V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS
Councilmember Barnett thanked the City Manager and staff for attending the May 7, 2008
Community Aesthetics Board (CAB) meeting and reported the CAB has new projects on the
horizon and she does not believe they have any interest in merging with the Parks and
Recreation Advisory Board (RAB). Councilmember Barnett also thanked the PGA Corridor
Association for inviting the Council to their recent meeting that was addressed by Dr.
Fishkind, who described Palm Beach Gardens as a desirable place to live. Councilmember
Barnett stated she hopes businesses coming into the City do a needs analysis before they
arrive.
Vice Mayor David Levy reported he introduced Councilmember Jody Barnett, who will serve
as his replacement, to the Loxahatchee River Coordinating Council. The Value Place Hotel
will go before the County Commission on May 22, 2008 and asked approval from the City
Council to attend the County Commission hearing, along with Jeff Johnson, and state the
City's objections to the hotel. The Council gave their consensus to Vice Mayor Levy.
Councilmember Russo stated he also attended the PGA Corridor Association meeting.
Discussed at the meeting is the cost of land in the area being so high that it is prohibitive for
businesses to locate here, this was also discussed at today's Biotech Overlay meeting.
Councilmember Russo encouraged an agreement with other municipalities and the County for
ways to attract the biotech industry into this area. The new State budget does not include any
money for the Innovation Fund. The County has a program for waiving real estate taxes and
Councilmember Russo feels the City should look at this type of possibility. The Biotech
Overlay meeting was held at the Palm Beach Community College Biotechnology Education
Center and the facility is excellent. Councilmember Russo thanked everyone who attended the
Town Hall meeting and stated he did not believe it was well attended because there are no big
issues at this time. Councilmember Russo asked Growth Management Administrator Kara
Irwin for the latest update on the height Ordinance later in the meeting.
Councilmember Premuroso did not have a report.
Mayor Jablin asked Attorney Nancy Stroud to read City Attorney Christine Tatum's
resignation into the record as follows:
Mayor and Councilmember's, I am in Tallahassee tonight for my daughter's graduation. As
you have been advised, I have tendered my resignation as City Attorney. It has been an honor
and a privilege to serve as City Attorney for the past five years. I thank you for the
opportunity to represent the City of Palm Beach Gardens in that capacity.
Staff has recommended the following: acceptance of Attorney Tatum's resignation;
authorization of Mayor Jablin to sign the agreement of full and final release due to the
emergency situation; and direct the City Manager to hire an interim attorney.
Councilmember Russo asked the name of the attorney that reviewed the agreement. City
Manager Ferris replied Attorney Peter Sampo of Norton, Allen & Blue, P.A. Councilmember
Russo asked if the City Manager can be directed to hire a City Attorney when the attorney
works for the City Council. Mayor Jablin stated this is an interim situation. Attorney Nancy
Stroud, attending in Attorney Tatum's absence, stated it would be appropriate for the City
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Manager to negotiate an agreement and bring it to the Council for approval. In the interim the
City Manager can be authorized to hire an interim attorney. Councilmember Barnett asked if
Attorney Norton was to be hired as the interim attorney. City Manager Ferris stated Attorney
Norton is not a municipal attorney and would not be considered. Attorney Stroud stated the
City Manager can be delegated the authority to hire an interim attorney. Councilmember
Premuroso asked if an individual will be hired, or a firm. City Manager Ferris recommended a
firm. Councilmember Barnett requested the period of time for use of an interim attorney.
Councilmember Russo stated he would like the City Manager to prepare a feasibility study on
hiring an individual attorney, a firm, or a combination of both at the next Council meeting
(June 5, 2008).
Motion
Vice Mayor Levy made a motion to accept Attorney Tatum's resignation and for Mayor
Jablin to sign the full and final release agreement. Councilmember Barnett seconded. Motion
passed unanimously, 5 -0.
Councilmember Barnett stated she agreed with Councilmember Russo, but she would like an
established timeframe. Councilmember Premuroso asked if it was possible for the City
Manager to provide the feasibility study within three weeks. City Manager Ferris stated he
can provide the pros and cons. Councilmember Russo stated it is a three -month process. City
Manager Ferris stated it is closer to a six -month process. Councilmember Barnett stated
Council should provide their preference for an in -house attorney or a firm; her choice being a
firm for the interim because it would provide more flexibility. All Councilmember's agreed
with the preference for a firm for the interim.
Motion
Vice Mayor Levy made a motion authorizing the City Manager to hire the appropriate legal
firm for the interim. Councilmember Russo seconded. Motion passed unanimously, 5 -0.
Mayor Jablin stated that Attorney Tatum has been an outstanding asset over the past five
years. Her input and expertise on legal issues was appreciated by all Councilmember's. He
stated she is a fine individual and wished her the best in her future endeavors.
Mayor Jablin reported the groundbreaking of the new Leadership in Energy and
Environmental Design (LEED)- certified conference center for the Doubletree Hotel. It is the
third green building in the City, Publix Green Wise Market being first and Gander Mountain
being second.
Recreation Director Charlotte Presensky and Mayor Jablin met with Mark Ventura from the
MacArthur Foundation to discuss the possibility of the Foundation's involvement in the
City's 50th anniversary celebration. Mayor Jablin had a second meeting with Recreation
Director Presensky and several retail business leaders including The Gardens Mall,
Downtown at the Gardens, The Commons and Midtown to discuss the 50th anniversary
celebration that could be the kickoff for an annual festival. Mayor Jablin asked Council's
permission to continue the anniversary celebration meetings, which was given.
VI. CITY MANAGER REPORT
None.
VII. COMMENTS FROM THE PUBLIC
Joel Charming, 5520 PGA Boulevard, Palm Beach Gardens, thanked Councilmember Barnett
for her kind words about the meeting with Dr. Fishkind. The positive comments about the
beauty of the City were discussed. Mr. Channing suggested allowing people to have garage
apartments as part of the solution to the affordable housing issue.
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Councilmember Russo stated that he and Vice Mayor Levy heard from a realtor that there are
over 20,000 houses in Palm Beach County that are under $200,000.
Roger Blangy, 11658 Hemlock Street, Garden Woods, Palm Beach Gardens, presented his
letter opposing the FEC Railroad crossing at Kyoto Gardens Drive and Alt AIA and
requesting that the installed equipment be returned and a refund issued to the City.
City Manager Ferris directed City Engineer Dan Clark to meet with Mr. Blangy and explain
the situation.
Pat Hughey, Reed Drive, Palm Beach Gardens, requested the Proclamation for National
Police Week be read aloud.
Suzanne Archer, 3187B Gardens East Drive, Palm Beach Gardens, asked if the City Attorney
had a clause in her contract stating a timeframe regarding resignation. Ms. Archer stated her
problems with Code Enforcement, permitting, contracting, and occupational licenses. Ms.
Archer stated her problem with a neighbor and her responsibility as realtor to ensure everyone
pays their fair tax.
Vice Mayor Levy stated permit fees following the hurricanes were suspended through a City
Council emergency action to help people get repairs done.
VIII. CONSENT AGENDA
a. Approve Minutes from April 3, 2008 workshop City Council meeting.
b. Approve Minutes from April 3, 2008 regular City Council meeting.
c. Approve Minutes from April 17, 2008 regular City Council meeting.
d. Resolution 37, 2008 — Mutual Aid Agreement. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida authorizing execution of the Palm Beach County Law
Enforcement Agencies Mutual Aid Agreement, authorizing the Police Chief to execute
additional Agreements to effectuate the Mutual Aid Agreement, and providing an effective
date.
Motion
Vice Mayor Levy made a motion for approval of the Consent Agenda items a. through d.
Councilmember Russo seconded. Motion passed unanimously, 5 -0.
Motion
Councilmember Russo made a motion for approval of item e. on the Consent Agenda,
Proclamation — National Police Week 2008. Vice Mayor Levy seconded. Motion passed
unanimously, 5 -0.
e. Proclamation — National Police Week 2008 was read into the record.
Motion
Councilmember Russo made a motion for approval of item f. on the Consent Agenda,
Proclamation — Emergency Medical Services Week. Vice Mayor Levy seconded. Motion
passed unanimously, 5 -0.
f. Proclamation — Emergency Medical Services Week was read into the record.
IX. PUBLIC HEARINGS
Part I — Quasi - judicial
Mayor Jablin announced the procedures that would be followed in tonight's quasi - judicial
proceedings. The City Clerk swore in all those intending to offer testimony in any of tonight's
public hearings. The City Clerk read Resolution 22, 2008 by title.
a. Resolution 22 2008 — Development Order Amendment, A Resolution of the City Council
of the City of Palm Beach Gardens, Florida amending the Development Order for Donald
Ross Village Planned Unit Development (PUD), bounded by Donald Ross Road to the North,
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Central Boulevard to the West, and Military Trail to the East, as more particularly described
herein, to eliminate certain conditions of approval related to the provision of shared parking;
providing conditions of approval; providing waivers; and providing an effective date.
Mayor Jablin opened the public hearing and requested ex parte communication on Resolution
22, 2008. Councilmember Russo reported a meeting with Andy Brock but did not discuss the
merits of Resolution 22, 2008. Mayor Jablin reported a meeting with Peter Brock a few
months ago, but nothing recent.
Marty Minor, Urban Design Studio, representing Donald Ross Village, explained the
evolution of the plaza and requested the shared parking requirement be lifted because the
project meets code. The City code requires 742 parking spaces and there are currently 770
spaces on -site. Mr. Minor requested the elimination of conditions 6 and 29 and modification
of condition 49 to eliminate past references that are no longer applicable. Working with staff
regarding restaurant parking, a mutually agreeable square footage that is consistent with the
City's code is currently being used, which is 25 percent of the shopping center space, is a
maximum of 31,600.20 square feet and currently only 18,000 square feet is being used. City
staff is recommending approval.
Vice Mayor Levy inquired if the current parking is adequate. Marty Minor replied that it is.
Growth Management Administrator Kara Irwin stated a brief history of the project and since
the Development Program has been changed and the project is now within code and staff
recommends approval.
Mayor Jablin opened the public hearing requesting anyone wishing to speak for or against
Resolution 22, 2008 come forward. With no one wishing to speak, Mayor Jablin closed the
public hearing and brought Resolution 22, 2008 back up to the Council for discussion.
Motion
Vice Mayor David Levy made a motion to approve Resolution 22, 2008. Councilmember
Barnett seconded. The motion was approved unanimously, 5 -0.
The City Clerk read Ordinance 9, 2008 by title.
b. Ordinance 9, 2008 — (2nd reading and adoption) 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) zooming district to be known as the Klock Property Office Building PUD;
providing revisions to the zoning district map; and providing an effective date.
Brian Cheguis, agent for the petitioner, stated there was no need to make a presentation
because nothing has changed since the initial presentation one month ago. All conditions have
been agreed to.
Mayor Jablin stated there is a For Sale sign on the property, inquired if the property is for
sale, which the petitioner did not answer. Mayor Jablin then asked if the petitioner actually
plans to build the building or get approval from Council and then sell it. Peter Cowie stated
that he would actually like to build the project and lease it.
Growth Management Administrator Kara Irwin described the property and requested waivers
and stated staff is recommending approval. The conditions have been agreed to.
Vice Mayor Levy suggested changing Code Section 78 -153 Table 12 because it will be a
constant waiver for every redeveloped property in the City because none meet the 20 -acre
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requirement. Growth Management Administrator Irwin stated it will be discussed later in the
evening. Growth Management Administrator Irwin also stated that City codes are geared
more for new development than re- development.
Mayor Jablin opened the public hearing requesting anyone wishing to speak for or against
Ordinance 9, 2008 come forward. With no one wishing to speak, Mayor Jablin closed the
public hearing and brought Ordinance 9, 2008 back up to the Council for discussion.
Motion
Vice Mayor David Levy made a motion to approve Ordinance 9, 2008. Councilmember Russo
seconded. The motion was approved unanimously, 5 -0.
[Resolution 28, 2008 is a companion item to Ordinance 9, 2008 and will require council
action.]
The City Clerk read Resolution 28, 2008 by title.
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 3.01 -acre parcel, as described more
particularly herein; providing waivers; providing conditions of approval; and providing an
effective date.
Mayor Jablin opened the public hearing and requested ex parte communication, with none
declared. The petitioner has already given their presentation. Mayor Jablin requested anyone
wishing to speak for or against Resolution 28, 2008 come forward. With no one wishing to
speak, Mayor Jablin closed the public hearing and brought Resolution 28, 2008 back up to the
Council for discussion.
Motion
Vice Mayor David Levy made a motion to approve Resolution 28, 2008. Councilmember
Russo seconded. The motion was approved unanimously, 5 -0.
The City Clerk read Resolution 36, 2008 by title.
c. Resolution 36 2008 — Cimarron Cove Plat. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida approving the Cimarron Cove Plat; and providing an
effective date.
Mayor Jablin opened the public hearing and requested ex parte communication, with none
declared.
Mayor Jablin requested anyone wishing to speak for or against Resolution 36, 2008 come
forward.
Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, stated her concern at the
number of townhouses at Cimarron Cove being changed to apartments and increasing the
density. She inquired if the apartments would have to remain apartments in the future and not
be allowed to change to condominiums. That would help to provide affordable workforce
housing.
The City Council members commended Ms. Chaplik's comments and stated they are duly
noted. Councilmember Russo requested Growth Management Administrator Irwin look into
Ms. Chaplik's concerns. Growth Management Administrator Irwin stated Cimarron Cove has
a current application with the City to increase the density through the concurrency process.
There are limitations in the forbearance agreement. A letter was sent to the County advising
that the Comprehensive Plan states that only projects that meet the limitations are allowed to
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use the PGA CRALLS. When the concurrency was re- evaluated the project was not allowed
to use the PGA CRALLS and a proactive approach is being taken to monitor any changes.
Mayor Jablin closed the public hearing and brought Resolution 36, 2008 back up to the
Council for discussion.
Motion
Vice Mayor David Levy made a motion to approve Resolution 36, 2008. Councilmember
Russo seconded. The motion was approved unanimously, 5 -0.
Part II — Non - Quasi- iudicial
Mayor Jablin announced the Evaluation and Appraisal Report (EAR) -based amendments and
stated there are sign -in sheets at the front table for residents to provide their names and
addresses. Interested parties will receive the date and publication of the Notice of Intent by
the Department of Community Affairs. Mayor Jablin requested those who intend to speak fill
out a comment card and give it to the City Clerk.
a. Evaluation and Appraisal Report based Amendments (EAR) — Based Amendment
Workshop. (City- initiated workshop to present the EAR -based Housing elements in the first
of two public workshop sessions; and to request discussion and direction from the City
Council. Both sessions will outline the Comprehensive Plan Goals, Objectives and Policies
staff recommends amending, and will include an executive summary of each element.
Planning Manager Nilsa Zacarias presented EAR -based Amendments and explained the
Comprehensive Plan and its importance. The short movie, Growing Together in the Gardens,
which showed the features and quality of life in Palm Beach Gardens was presented.
Mayor Jablin complimented the movie and stated it truly depicts life in Palm Beach Gardens.
Planning Manager Zacarias stated the need to maintain and improve Palm Beach Gardens as a
Signature City, including the need to bring in commercial projects as well as residential.
Methods for integrating the going green initiatives into the Comprehensive Plan must be
developed, the need for workforce housing and transportation must be addressed. The impact
of the Western areas must be considered when proposing annexation. Regulations for the Bio-
science Research Protection Overlay must be adopted and develop a transit zoning overlay
development community -based planning process. Plan an architectural and cultural
preservation process. Senior Planner Stephen Mayer presented Coastal Management for
development and re- development. New policies will be added for hurricane, disaster
preparedness, post- disaster procedures and will enhance coordination efforts with the Palm
Beach County School Board and other County agencies for emergency management,
evacuation and post- disaster procedures. Public safety during evacuations to the coastal high -
hazard area (CHHA) and hurricane vulnerability zone will be included per State requirement.
A map will be added to the Comprehensive Plan illustrating the noted areas.
Councilmember Barnett questioned the need for regulations for a transportation overlay
district. Senior Planner Mayer stated there will be a needs assessment. Councilmember
Barnett stated she would not like to see it included until it is decided if it is necessary.
Councilmember Barnett stated she wants to ensure that citizens are involved in updating the
Vision Plan and not just staff and City Council. Councilmember Barnett is not in favor of
adopting floor area ratios (FAR) because the ratios do not benefit the community and are a
tool for development. Councilmember Barnett questioned the reference to the Western
development and sustainable communities. Planning Manager Zacarias stated a vision for the
Western area is needed. The present land use regulation is not protecting the wetlands and
flow ways. Growth Management Administrator Kara Irwin stated they are trying to provide
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policies that protect the natural resources. Vice Mayor Levy concurred on the Western
development and cited traffic and urban sprawl issues in Broward County and Miami -Dade
County. Clustering along Northlake Boulevard is a good idea. Vice Mayor Levy stated the
City is bicycle- and pedestrian- friendly and should become more so. Councilmember Russo
suggested smaller scooter lanes and that bringing Western areas into the City can be a
problem because of the need to provide services. Councilmember Russo would rather bring in
Eastern communities such as Crystal Point and Frenchmen's Landing. Councilmember
Barnett agreed with Councilmember Russo. Councilmember Russo suggested a discussion
regarding the City expansion past Northlake Boulevard and incorporating pocket areas into
the City. Councilmember Premuroso is not in favor of expanding to the Western areas but is
in favor of the infill areas. Conflicts with North Palm Beach have been resolved except for
Lost Tree Village. Councilmember Russo suggested talking to Juno Beach because areas they
do not annex would then become available for Palm Beach Gardens and suggested
concentrating on infill areas.
Senior Planner Mayer stated staff is encouraging strategies to reduce demand on traffic
circulation and alleviating congestion through car pool incentives, parallel road systems,
multi -modal transportation and local transit coordination. Senior Planner Mayer explained
methods and goals and noted the direct link between public transit, land use, workforce
housing and economic development. Planning Manager Zacarias discussed affordable housing
for essential personnel with approximate incomes of $85,000 per year and also considered
housing focused on the senior population. Methods for achieving these goals were presented.
Rejuvenation of older neighborhoods was discussed. Councilmember Russo stated he agrees
with the concept of a coordinator for neighborhood enhancement, but funding is an issue at
this time. Councilmember Russo also agrees with providing incentives for redevelopment.
Planning Manager Zacarias announced the upcoming calendar dates for EAR review.
Mayor Jablin opened the workshop to comments.
Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens, suggested annexing the pockets
into the City and stated she is against Western expansion because those areas have problems
that the City does not need.
Pat Hughey, Palm Beach Gardens, agreed with annexing the pockets into the City but
disagrees with Western expansion. Ms. Hughey stated there are no playgrounds between Plant
Drive and Northlake Boulevard.
Vice Mayor Levy stated he would like to annex Mecca Farms, should it ever become
available, so the City would have control over it.
X. RESOLUTIONS
None.
XI. ORDINANCES (For Consideration on First Reading)
None.
XII. ITEMS FOR COUNCIL ACTION /DISCUSSION
Councilmember Russo asked Growth Management Administrator Irwin for a status on the
building height issue. Growth Management Administrator Irwin stated it will go before the
Planning, Zoning and Appeals Board in June and will come before City Council in July and
August. There is one comprehensive Ordinance that will adopt both the residential and non-
residential building height limitations.
Vice Mayor Levy suggested rotating liaisons to the interior boards.
XIII. CITY ATTORNEY REPORT
None.
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XIV, ADJOURNMENT
There being no further business to come before the Council, Vice Mayor Levy made a
motion to adjourn. Councilmember Barnett seconded. Motion carried unanimously, 5 -0.
The meeting was adjourned at 8:05 p.m. The next regularly scheduled City Council
meeting will be held May 15, '7WR
APPROVED:
ATTEST:
Patricia Snider, CMC
City Clerk
David Levy,
Councilmember
Jody Barnett, Councilmember
Robert G. Premuroso, Councilmember
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
05.01.08
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