HomeMy WebLinkAboutMinutes Council 120403CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
December 4, 2003
The December 4 2003 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 ofthe 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 Russo, and
Councilmember Delgado. Councilmember Clark was absent from the meeting. Mayor Jablin
welcomed former Councilmember Linda Monroe.
ADDITIONS, DELETIONS & MODIFICATIONS:
Mayor Jablin announced that conditions of approval were required for approval of
Resolution 224, 2003 and a copy of those conditions had been provided to each
Councilmember; and the 'following resolutions were requested to be postponed to the
December 18, 2003 meeting: Resolution 223, 2003, Resolution 212, 2003, and Resolution
130, 2003. Councilmember Russo made a motion to approve the modifications and deletions
as presented. Councilmember Delgado seconded the motion. Councilmember Russo
requested the policy regarding the number of times a petition could be postponed. Motion
carried by unanimous 4 -0 vote.
ITEMS OF RESIDENT INTEREST:
Mayor Jablin reported that he had received a call from Congressman Shaw's office that
afternoon with the good news that $20,000 had been appropriated for bus shelters, and
thanked both Congressman Shaw and Tom DeRita for their work on this issue. Mayor Jablin
thanked the volunteers who participated in the Big Heart Brigade, cooking turkey dinners for
Thanksgiving.
CITY MANAGER REPORT:
Police Chief Stepp presented the third quarter crime report statistics, which included a rise
in auto theft. The Chief described some new programs including checking businesses and
leaving a card so the owner would know their property had been checked, signage to slow
traffic for school children and in parks, and reactivation of neighborhood watches. Chief
Step described other programs, indicated steps were being taken to reduce crime statistics,
and answered questions from the City Council.
COMMENTS FROM THE PUBLIC:
Mike South, 9886 Daisy Avenue, spoke on behalf of the Student Government Association at
Palm Beach Gardens High School, announcing they were preparing the Florida Association
for Student Council District 5 Convention to be held at Doubletree Hotel, and requested any
help that could be provided. Consensus was for the City Manager to research to find the
City's policy on such donations, and report to Mr. South regarding what the City might
donate.
Carol Estrada, 309 Riverside Drive, read questions regarding Resolution 196, 2003, the
Landmark, approved at the last meeting. The City Manager indicated he would be happy to
meet with Ms. Estrada to provide the information she requested. Ms. Estrada's question
regarding legal research was answered by the City Attorney, who explained that she
reviewed everything for legal sufficiency before it was placed on the agenda. Vice Mayor
Sabatello requested in the future that every question raised be addressed, and that the
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12 /04/03 2
information provided to Ms. Estrada be documented so that anyone else interested could
have the same information. Councilmember Russo pointed out that holding workshops
would provide an opportunity to answer all the questions. Councilmember Delgado noted
that she met with staff on every application prior to every meeting. Ms. Estrada requested
something be worked out such as holding workshops to better inform the residents.
Linda Monroe, 619 Hudson Bay Drive, expressed amazement that workshops were no longer
held and stated her opinion that City Council members should be able to obtain needed
information without taking two hours from their day so they would still be. able to hold
down full -time jobs, in order not to limit the council to retirees or wealthy people. Ms.
Monroe indicated she had come to speak regarding Northlake Task Force and requested the
City not give up on it and work with their neighbors to continue working with this group.
Councilmember Delgado indicated she would provide a presentation regarding this task
force probably at the next meeting.
CONSENT AGENDA:
Councilmember Russo made a motion to approve the Consent Agenda as submitted.
Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote.
a. Resolution 222, 2003 — Re- appointments of Beautification and Environmental Board
Members. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving the re- appointment of two (2) regular members and the
appointment of one (1) regular member to the Beautification and Environmental
Committee of the City of Palm Beach Gardens; and providing an effective date.
b. Resolution 225, 2003 — Seacoast Easement along portion of Plant Drive Park. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving
a non - exclusive Easement in favor of Seacoast Utility authority for the installation,
operation, maintenance, and service of water and sewer lines and appurtenant
facilities in, on, over, under, and across the Easement premises; authorizing the
Mayor and City Clerk to execute said Easement; and providing an effective date.
C. Resolution 226, 2003 — Addendum 1 to agreement with Staffing Connection &
Action Labor for School Crossing Guard Services. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida authorizing the Mayor and City Clerk to
execute Addendum I to the agreement with Staffing Connection and Action Labor
for School Crossing Guard Services; and providing an effective date.
d. Resolution 232, 2003 — Purchase of space saver shelving. A resolution of the City
Council of the City of Palm Beach Gardens, Florida approving the purchase of space
saver shelving from United Business Systems for additional shelving for the Police
evidence room; and providing an effective date.
PUBLIC HEARINGS:
Part I — Quasi- Judicial — Mayor Jablin read aloud the list of quasi-judicial hearings and the
procedure to be followed.
Resolution 212, 2003 — Downtown at the Gardens Site Plan Amendment A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving an Amendment to the
Site Plan Approval for Downtown At The Gardens located within the Regional Center
DRI/PCD, as described more particularly herein, to modify certain conditions of approval; to
allow for architectural modifications; to delete previously unaccounted for 11,000 square
feet; to reduce the number of theater seats from 3,220 To 3,130; to increase the regional
retail square footage by 1,473 square feet; and to make minor site plan modifications;
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/04/03 3
providing for waivers; and providing an effective date. Councilmember Russo made a
motion to continue the public hearing for Resolution 212, 2003 to a date certain of
December 18, 2003. Councilmember Delgado seconded the motion, which carried by
unanimous 4 -0 vote.
Resolution 227, 2003 — Evergrene Parcel 2 Amendment. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida amending the site plan approval for Parcels 1, 2,
and 7 of the Evergrene Planned Community Development (PCD), specifically amending rear
setbacks for lots B1 through B28 of Parcel 2; providing for a waiver; providing for
conditions of approval; and providing an effective date. The City Clerk read Resolution 227,
2003 by title. Planner Brad Wiseman presented the proposed amendment. Hank Skokowski,
representing the applicant, advised other lots in this development had been granted this same
request. Mayor Jablin declared the public hearing open. Hearing no comments from the
public, Mayor Jablin declared the public hearing closed. During disclosure of ex -parte
communication, Councilmember Delgado reported she had met with staff. Councilmember
Russo moved approval of Resolution 227, 2003. Councilmember Delgado seconded the
motion, which carried by unanimous 4 -0 vote.
Ordinance 36, 2003 — Evergrene PCD Amendment — An Ordinance of the City Council of
the City of Palm Beach Gardens, Florida, amending Ordinance 43, 2001 and amending two
conditions of approval to the Evergrene PCD relating to the timing for construction of the
clubhouse parcel; and providing an effective date — for consideration of second reading and
approval. The City Clerk read Ordinance 36, 2003 on second reading by title only. Planner
Brad Wiseman presented the project. Councilmember Russo requested a condition of
approval to hold the City harmless. Hank Skokowski spoke on behalf of the petitioner and
detailed the status of the clubhouse construction. Mayor Jablin declared the public hearing
open. Hearing no comments from the public, Mayor Jablin declared the public hearing
closed. During disclosure of ex -pane communications, Councilmember Delgado reported
she had met with staff and Mayor Jablin reported he had spoken with the petitioner. City
Attorney Tatum read the following language to be added to paragraph 4: If on that date the
amenities parcel is not complete the City shall cease issuing certificates of occupancy or any
new residential building permits until a certificate of occupancy is issued for the amenities
parcel. Paragraph 60 would be amended to read: The amenities parcel shall be builtprior to
April 15, 2004. The City shall cease issuing certificates of occupancy and building permits
after that date if it is not complete. The following would be added to the end of No. 60: In
the event that the City is made a party to any action relating to the extension of time for
completion of the clubhouse, the applicant shall defend and indemnify the City for any
damages and costs arising there from. Vice Mayor Sabatello made a motion to approve
Ordinance 36, 2003 on second reading by title only with the changes as read into the record
by the City Attorney. Councilmember Delgado seconded the motion, which carried by
unanimous 4 -0 vote.
Resolution 213, 2003 — Fairway Office Center Monument Sign Addition. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida approving a monument sign at
the Fairway Office Center, located within the PGA National Planed Community
Development (PCD) and Development of Regional Impact (DRI); providing for waivers;
providing for conditions of approval; and providing an effective date. The City Clerk read
Resolution 213, 2003 by title. Planner Brad Wiseman presented the project. Councilmember
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12 /04/03 4
Delgado moved approval of Resolution 213, 2003. Councilmember Russo seconded the
motion, which carried by unanimous 4 -0 vote.
Resolution 224, 2003 — Brio Tuscan Grille — modifications to approved site plan and
elevations. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
amending the site plan approval for the Brio Tuscan Grille Restaurant within the Gardens
Mall located within the Regional Center Development of Regional Impact; providing for an
additional condition of approval; and providing an effective date. Senior Planner Michael
Sanchez presented the project. Councilmember Russo stated he wanted this built as
originally approved. Councilmember Delgado commented the arrogance of the owners in
going ahead and constructing unapproved outside seating and signage was despicable. Jim
McKenzie, Director of Design and Development for the owner, spoke on behalf of the
applicant and indicated the landlord had submitted the application without notifying the
owner. Mr. McKenzie apologized, but explained that the plans they had submitted to the
landlord were not what was submitted to the city, and they were here to rectify this matter.
Mayor Jablin declared the public hearing open held on the intent of Resolution 224, 2003.
Hearing no comments from the public, Mayor Jablin declared the public hearing closed.
Councilmember Delgado disclosed ex -parte communication that she had met with staff. The
City Manager was requested to provide a report on how the building was completed not in
compliance with the approval. Vice Mayor Sabatello made a motion to approve Resolution
224, 2003 with approval of the outdoor seating area, installation of solid color olive awnings,
and removal of the thirteen additional signs leaving only the three approved in the original
approval. Councilmember Russo seconded the motion. Motion carried 3 -1 with
Councilmember Delgado opposed.
Part II — Non -Quasi Judicial
Resolution 215 2003 - Old Palm Golf Club Easement Abandonment. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida abandoning a ten -foot wide Utility
Easement as shown on open space tract -2, Old Palm Plat Two, as recorded in Plat Book 98,
Pages 139 through 145, inclusive, of the public records of Palm Beach County, Florida; and
providing an effective date. City Engineer Dan Clark presented the request. Vice Mayor
Sabatello commented he was not a home builder in Old Palm. Vice Mayor Sabatello moved
approval of Resolution 215, 2003. Councilmember Russo seconded the motion, which
carried by unanimous 3 -0 vote.
ORDINANCES:
Ordinance 37, 2003 — Small Scale Land -Use Amendment for a portion of Parcel 31.04
Legislative. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
approving a small scale land use map amendment to the Comprehensive Plan of the City of
Palm Beach Gardens relating to certain property consisting of approximately 6.416 acres,
generally located at the Southeast comer of Central Boulevard and Hood Road, commonly
referred to as "a portion of parcel 31.04 ", to change the land use designation from Mixed
Use (MXD) land use designation to Residential High (RH) land use designation; and
providing an effective date — for consideration of first reading. The City Clerk read
Ordinance 37, 2003 by title. Senior Planner Kara Irwin explained that Ordinance 37, 2003
and Ordinance 38, 2003 were being submitted for first record a second time since changes
had been made in the titles to correct an error. Councilmember Russo moved Ordinance 37,
2003 be placed on first reading. Vice Mayor Sabatello seconded the motion, which carried
by unanimous 4 -0 vote.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/04/03 5
Ordinance 38, 2003 — Small Scale Land -Use Amendment for a portion of Parcel 31B
Legislative. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
approving a small scale land use map amendment to the Comprehensive Plan of the City of
Palm Beach Gardens relating to certain property consisting of approximately 3.42 acres,
generally located at the Southeast corner of Central Boulevard and Hood Road, commonly
referred to as "a portion of parcel 31 B ", to change the land use designation from Residential
High (RH) land use designation to Mixed Use (MXD) land use designation; and providing an
effective date — for. The City Clerk read Ordinance 38, 2003 by title. Councilmember Russo
moved Ordinance 38, 2003 be placed on first reading. Vice Mayor Sabatello seconded the
motion, which carried by unanimous 4 -0 vote.
ITEMS FOR COUNCIL ACTION/DISCUSSION:
Mayor Jablin commented that he, Vice Mayor Sabatello, and Councilmember Delgado were
present at the last joint meeting with Lake Park regarding the interlocal amendment. The
members from Lake Park had been angry and upset, and Vice Mayor Sabatello had placated
their concerns, but Mayor Jablin commented he was concerned the city had given up too
much and he thought the City Manager's discussion of this at the time was right and the city
did not care who got credit for this but wanted it safe going forward for the shoppers. Mayor
Jablin stated he trusted the city's police and fire services and wanted to make sure that
control was not given up. The Mayor commented that all of Lake Park's services were
contracted out. Councilmember Delgado commented she had investigated after the meeting,
and explained that the city had police and fire control but Lake Park felt since the entire
building was on their property they should provide those services. Other issues such as
permitting and impact fees were discussed. Impact fees only applied to the city since Lake
Park did not have impact fees. Councilmember Delgado indicated she was now concerned
about police coverage since Lake Park only had three sheriffs and it took forever for them to
answer calls to some areas. Councilmember Delgado commented crimes happen in parking
lots and advised she would be looking at this issue differently at the next meeting.
Councilmember Russo advised he would like to provide services but wanted compensation,
and stated he had no problem with the mutual aid agreement if the city had coverage and
was being properly compensated. Mayor Jablin asked if the city covered mutual aid for the
county for those areas that were contracted by the county. Vice Mayor Sabatello received
praise for the way he handled issues at the meeting to defuse tempers. Mayor Jablin
indicated the city only wanted to help Lake Park to pull themselves up financially.
Councilmember Delgado suggested a presentation showing their response time versus our
response time. Councilmember Russo reported Mr. Otterson had been mugged which was
why he did not attend the meeting. Attorney Tatum reported a revised version of the
interlocal agreement had been received that day and she would provide that to the Council
members. Mayor Jablin commented he wanted Lake Park to know that Palm Beach Gardens
was their friend and only wanted to help them. Mayor Jablin reported one of the City's
volunteer firefighters, Stuart Swartz, had been in a fatal car accident, and commented on his
energy and spirit.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/04/03 6
ADJOURNMENT:
There being no further busine
APPROVAL:
-ATTEST:
PATRICIA 1 4" —
CITY CLERK
5 P.M.