HomeMy WebLinkAboutMinutes Council 050103CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
May 1, 2003
The May 1, 2003 Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, and opened
with the pledge of allegiance.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Jablin, Vice Mayor Sabatello, Councilmember Clark,
Councilmember Russo, and Councilmember Delgado.
ADDITIONS, DELETIONS, MODIFICATIONS:
Councilmember Clark made a motion to approve addition of Resolution 88, 2003 for
reappointment of the Municipal Complex Task Force to the consent agenda, extending it for
60 more days until the art piece is finished; to add to the City Attorney's report final
settlement of the City of Palm Beach Gardens vs. Shamberger et al; to delete from the
consent agenda Resolution 225, 2002 — MacArthur Parcel 5A Boundary Plat; to delete under
Council Items for Discussion and Action Item B, SB 1450 (HB 1307); to continue Ordinance
11, 2003 to May 15, 2003 at the proper time in the agenda, to move Northlake Boulevard
Task Force to follow the consent agenda and move Resolution 83 immediately following the
task force presentation. Motion was seconded by Councilmember Delgado and carried by
unanimous 5 -0 vote.
ANNOUNCEMENTS / PRESENTATIONS:
Police Department Annual Report 2002 — The Chief of Police announced that the overall
crime rate was down 10 %; calls for service were up 5 %; traffic calls were up 18 %,
residential alarms were very active, and reported on total arrests. Assigned cases were 45%
cleared. Some of the other statistics reported were that TIPS, Juvenile First Offender,
DARE, and the Volunteer program involving off -duty police officers had been successful.
There was a 2% increase in auto burglaries, mostly due to unlocked doors or expensive items
left in plain view. The Chief of Police answered questions from the City Council.
ITEMS OF RESIDENT INTEREST:
Councilmember Russo reported he had attended a meeting of Gardens United, comprised of
religious leaders of the community. Consensus had been for all to come together to do
projects for the good of the City, such as painting and repairing homes of residents.
Councilmember Russo thanked staff for putting together an Economic Summit. Mayor
Jablin reported he had attended the first DARE graduation of the season at St. Mark's.
CITY MANAGER REPORT:
Discussion on Quasi- Judicial procedures — City Attorney Christine Tatum explained that
Resolution 86, 2003 on the consent agenda would propose a procedure for quasi - judicial
hearings: the Clerk would read the title; the Mayor would open the public hearing, each
member of the Council would declare any exparte communication, the Mayor would ask the
Clerk to administer the oath to anyone testifying, staff would make the initial presentation,
the applicant would make their presentation, members of the public would make
presentations, and cross examination would be allowed if requested. The petitioner would be
allowed the last word, the Mayor would close the public hearing, the City Council would
discuss the matter, and then vote. The time allowed for each speaker could be established at
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/1/03 2
the beginning of each public hearing. Attorney Tatum discouraged holding workshops on
items that would come before the City Council for things that would be heard quasi -
judicially. The City Attorney explained that the courts had changed the rules to be more
strict and the Council must base their decisions only on what was heard at the public hearing.
The first step for a project was staff review, then Planning and Zoning, and then City
Council. A shortened procedure for giving applicants direction was suggested; however, was
discouraged by the City Attorney. The City Attorney was requested to explore ways to give
direction such as requiring the developer to hold meetings with adjacent property owners.
COMMENTS FROM THE PUBLIC
Carol Estrada, 309 Riverside Drive, suggested that lawn maintenance crews blow clippings
back onto the property instead of into the streets, which made the streets dirty. Ms. Estrada
asked if a meeting had been set up with Commissioner Marcus regarding MacArthur
Boulevard, stating she did not want to lose the money the Commissioner had promised for
beautification. The Mayor indicated this would be followed through.
Casey Shaw, 8427 Garden Oaks Circle, advised that the Garden Oaks HOA Board had
decided to install speed bumps and asked why the City's traffic calming rules did not apply
but placing an addition onto a home would fall under City requirements. The Mayor advised
that the City did not own the streets, but would work with Mr. Shaw and the HOA to bring
their streets into compliance for City emergency vehicles, and explained that was completely
different from building matters.
Lisa Kraft, 121 B Palm Point Circle, thanked Councilmember Delgado for her work on behalf
of Gold Coast Business and Professional Women's Club and noted that a proclamation for
equal payday would be presented later in the agenda.
Sue Banks, 4335 Elm Avenue, thanked the City Council for being open and receptive to
homeowners associations and sharing information on development matters.
Willow Rock had provided a letter thanking the City Council for their work on the canals,
which was entered into the record.
CONSENT AGENDA:
Councilmember Clark moved approval of the Consent Agenda. Councilmember Delgado
seconded the motion, which carried by unanimous 5 -0 vote. The following items were
approved on the Consent Agenda:
a. Consideration of approving Minutes from the April 10, 2003 Regular City
Council Meeting.
b. Resolution 225, 2002 — MacArthur Parcel 5A Boundary Plat. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving the
MacArthur parcel 5A boundary plat; and providing an effective date.
C. Resolution 80, 2003 — FDOT Street Lighting Maintenance Agreement. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
authorizing the Mayor and City Clerk to execute a State Highway Lighting,
Maintenance and Compensation Agreement with the Florida Department of
Transportation; and providing an effective date.
d. Resolution 82, 2003 -- Evergrene P.C.D. Plat Six. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving the Evergreen
PCD Plat Six Subdivision and providing an effective date.
e. Resolution 85, 2003 -- Advanced Drainage Systems, Inc. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida awarding a contract for
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/1/03
stormwater drainage pipe to Advanced Drainage Systems, Inc.; and providing an
effective date.
f. Resolution 86, 2003 — Quasi- Judicial Procedures. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida repealing Resolution 45,
1999 relating to policies and procedures for consideration of development
petitions; adopting new procedures relating to Quasi - Judicial public hearings; and
providing an effective date.
g. Resolution 88, 2003 — Re- appointment of nine members to the Municipal
Complex Art Task Force. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida re- appointing nine (9) members to the Municipal
Complex Art Task Force; providing for conflicts; providing for severability; and
providing for an effective date.
h. Proclamation — Equal Pay Day
i. Proclamation — Civility Month
Councilmember Delgado presented to the State and local presidents of the Business and
Professional Women's Club the Equal Pay Day Proclamation.
ITEMS FOR COUNCIL DISCUSSION AND ACTION:
Discuss the request by the Northlake Boulevard Task Force to contribute $10,000 toward
grant writing and administrative costs for Northlake Blvd. Streetscape Project; and the Joint
Planning Agreement between the City and the County to take over the planning, zoning, and
permitting activities for unincorporated County along Northlake Boulevard. Growth
Management Director Charles Wu provided staff comments, which included a brief history
of the task force, the approved Streetscape plan, completion of drawings, and the decision to
use available grants for construction. Mr. Wu provided information on contributions from
the other cities, grant funding, phasing of the project, maintenance, and future options. Mr.
Wu presented comments on the joint planning agreement between the City and the County,
and advised that the staff recommendation was to move forward. Discussion ensued.
Charlie O'Meilia, Vice Mayor of North Palm Beach and President of the Northlake
Boulevard Task Force, provided comments and answered questions from the City Council.
Michael Redd, Michael Redd & Associates, designers for the task force, suggested changing
the order of phasing by going directly to phase 4 after completion of phases 1 and 2.
Interlocal annexation parcel by parcel and code enforcement was discussed by Commissioner
Karen Marcus. Jason Nunmaker of Lake Park indicated they would contribute their fair
share. Consensus of the City Council was to move forward with the $10,000 contribution.
Members of the City Council indicated they would favor changing the sequence of the
phasing if presented by the committee. Councilmember Delgado indicated she did not favor
the $10,000 contribution. Councilmember Clark made a motion that the City advance their
$10,000 share for funds for the grant writer for Northlake Boulevard Task Force.
Councilmember Russo seconded the motion, which carried 3 -1 with Councilmember
Delgado opposed because she did not feel it was needed with the money that was already
there.
RESOLUTIONS:
Resolution 83, 2003 Military Trail Grant — Waive Building Permit Fees. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida relating to the "2003 Military Trail
Beautification Grant Project "; providing for the waiver of all applicable building permit fees
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/1/03 4
related to the project; authorizing the execution of grant agreements with the property
owners; and providing an effective date. Planner Natalie Wong presented the staff report.
Councilmember Russo moved approval of Resolution 83, 2003. Councilmember Delgado
seconded the motion, which carried by unanimous 5 -0 vote.
PUBLIC HEARINGS:
Ordinance 11, 2003 Parcel 12.04 Banyan Tree Phase III PUD Amendment. An Ordinance
of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of
an amendment to the Banyan Tree Planned Unit Development (PUD) in order to construct
phase III of the PUD, generally located on the northeast corner of Northlake and MacArthur
Boulevards (parcel 12.04), as more particularly described herein; providing for a waiver;
providing for conditions of approval; and providing for an effective date — for consideration
of second reading. A memo dated 4/21/03 requesting continuance to 5/15/03 had been
provided. Councilmember Clark made a motion to continue Ordinance 11, 2003 to the City
Council meeting of 5/15/03. Councilmember Delgado seconded the motion, which carried
by unanimous 5 -0 vote.
Ordinance 13, 2003 — Mid -year budget amendment. An Ordinance of the City Council of the
City of Palm Beach Gardens, Florida providing for an amendment of the City of Palm Beach
Gardens Budget for the Fiscal Year beginning October 1, 2002, and ending September 30,
2003, inclusive; and providing an effective date — for consideration of second reading.
Finance Director Alan Owens presented the amendment. Mayor Jablin declared the public
hearing open. Hearing no comments from the public, Mayor Jablin declared the public
hearing closed. Councilmember Clark made a motion to place on second reading and to
approve Ordinance 13, 2003. Councilmember Delgado seconded the motion, which carried
by unanimous 5 -0 vote. The City Clerk read Ordinance 13, 2003 on second reading by title
only.
RESOLUTIONS:
Resolution 81, 2003 San Matera/Harbour Oaks Site Plan Amendment /Conversion of Apt.
Units to Single - Family Attached Units. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida providing for the approval of an amendment to a previously
approved site plan for San Matera/Harbour Oaks within the Regional Center Development of
Regional Impact (DRI) to allow for 317 three -story townhomes on 25.71 acres located at the
northwest corner of Gardens Parkway Boulevard and Prosperity Farms Road, as more
particularly described herein; providing for conditions of approval; providing for waivers;
and providing an effective date. Mayor Jablin announced the quasi-judicial hearing. The
City Clerk read the title of Resolution 81, 2003. The City Clerk swore in all those intending
to speak. Exparte communication was reported. Vice Mayor Sabatello indicated he had
spoken with the petitioner. Councilmember Russo indicated the petitioner had called him
and asked if he had any questions to ask but Councilmember Russo responded he would
speak at the Council meeting. Councilmember Russo stated he had met with the petitioner a
couple of years ago and had advised the petitioner to meet with staff. Councilmember Clark
reported conversations with staff and the petitioner, and meeting some time ago regarding the
project. Mayor Jablin indicated he had also had conversations with staff and the petitioner
and in the past had seen the plan changes. Planner Natalie Wong presented the project.
Augustin Hernandez, 262 West Edgewater Drive, expressed concern that public notice to
abutting property owners had not been required, that there was not room for children to play
and requested that be provided by the developer, that blanket setback waivers were requested,
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/1/03
and environmental preservation negligence. Sherry Brandt, 2715 West Edgewater Drive,
expressed concern about the new road, Valencia Gardens Avenue and the possibility of
headlights shining into her windows. A bank of nine air conditioning units facing her
property was also a concern, and requested a wall to prevent these concerns. Principal
Planner Talal Benothman clarified notice had not been required. Mr. Benothman indicated a
wall could not be provided since it would encroach into the preserve. City Forester Mark
Hendrickson reported he had been working with the property owner to provide additional
vegetation and planned to work with the county when they replaced the exotics within the
preserve. Mr. Hendrickson advised another opportunity would be to add more vegetation
with the San Matera amendment application. Mayor Jablin indicated he believed working
with staff would result in Ms. Brandt being able to enjoy her home. The developer advised
that they would provide additional landscaping. Mayor Jablin declared the hearing closed.
Councilmember Clark made a motion to approve Resolution 81, 2003. Councilmember
Delgado seconded the motion, which carried by unanimous 5 -0 vote.
ORDINANCES:
Ordinance 14, 2003 Old Palm PCD Amendment — Condition of Approval. An Ordinance of
the City Council of the City of Palm Beach Gardens, Florida providing for an amendment to
Condition No. 21 and Condition No. 39 of Ordinance 32, 2002, which approved the Old
Palm Golf Club Planned Community Development; providing for an effective date — for
consideration of first reading. Senior Planner Michael Sanchez presented the project. Hank
Skokowski spoke on behalf of the petitioner and reviewed the requested changes.
Councilmember Clark made a motion to place Ordinance 14, 2003 on first reading by title
only. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote.
The City Clerk read Ordinance 14, 2003 on first reading by title only.
CITY ATTORNEY REPORT:
The City Attorney recommended acceptance of total settlement of $98,454.00 in an eminent
domain case which was instituted in 2000 as part of the Burns Road project. This would
require payment of the balance of $64,474.00, which was within the budget. Councilmember
Clark made a motion to accept the proposed settlement for the Shamberger eminent domain
case. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/1/03 6
ADJOURNMENT:
There being no further business to discuss, the meeting was adjourned at approximately
10:20 p.m.
APPROVAL:
ATTF'RT'�'
,R RUSSO
COUNCILMEMBER DELGADO