Loading...
HomeMy WebLinkAboutMinutes Council 0604151 CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING 4 June 4, 2015 5 6 The regular meeting was called to order at 7:02 p.m. by Mayor Jablin. 7 I. PLEDGE OF ALLEGIANCE 8 II. ROLL CALL 9 PRESENT: Mayor Jablin, Vice Mayor Levy, Council Member Russo , Council Member 1 0 Premuroso , Council Member Tinsley. 11 -ABSENT: None. 12 III. ADDITIONS, DELETIONS, MODIFICATIONS 13 None. 14 IV. ANNOUNCEMENTS AND PRESENTATIONS 15 a. RECOGNITION OF GARDENS CUP SPONSORS. 16 b. PROJECT BRUIN. 17 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 18 Vice Mayor David Levy: Attended the Ribbon Cutting for the Brown Institute Wellness and 19 Health Center for Women; Commercial Real Estate Women Function at the Doubletree Hotel; 20 Announced he was sworn in as an Executive Board member of the League of Cities. 21 Council Member Marcie Tinsley: Attended the Palm Beach Gardens High School Graduation; 22 Palm Beach Gardens High School Chorus Banquet where she received an award for Years of 23 Service; Attended the Parks and Recreation Advisory Board Regular Meeting and the Parks and 24 Recreation Advisory Board Joint Meeting with the Palm Beach Gardens Youth Athletic 25 Association; Attended the North County Neighborhood Coalition Meeting. 26 Council Member Joseph Russo: Attended the North County Economic Development Meeting; 27 Honda Classic Board Meeting; Reported Honda Classic donated over $2.5 million to charities 28 from this year's event. 29 Council Member Robert Premuroso: Attended the We Are Dwyer Foundation event at the 30 Borland Center; Attended the PBGY AA Wine, Dine, and Music Event at Nova University; 31 Mayor Eric Jablin: Announced he was on vacation and has nothing to report. 32 VI. CITY MANAGER REPORT 33 Thanked Shawn Rowan from the Business Development Board for bringing Project Bruin to 34 Palm Beach Gardens. 35 VII. COMMENTS FROM THE PUBLIC 36 Tom Murphy, 319 Eagleton Golf Drive, Palm Beach Gardens; Steve Mathison, 226 Coral Cay 37 Trail, Palm Beach Gardens; Gary Walker, 11050 Monet Woods Road, Palm Beach Gardens; 38 Pat Hughey , 9120 Reed Drive , Palm Beach Gardens. 39 VIII. CONSENT AGENDA 40 a. APPROVE MINUTES FROM MAY 7, 2015 CITY COUNCIL MEETING. 41 b. RESOLUTION 23, 2015-ALL ABOARD FLORIDA. A RESOLUTION OF THE CITY 42 COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA DECLARING ITS 43 OPPOSITION TO THE ALL ABOARD FLORIDA PROJECT DUE TO THE ADVERSE 44 IMPACTS ON THE CITY'S PUBLIC SAFETY OPERATIONS , RESIDENTIAL QUALITY 45 OF LIFE, AND THE CITY'S ECONOMY; FURTHER OPPOSING THE ISSUANCE OF A 46 $1.75 BILLION BY THE FLORIDA DEVELOPMENT FINANCE CORPORATION IN 4 7 PRIVATE ACTIVITY BONDS; IN THE ALTERNATIVE, SHOULD THE BONDS BE 48 ISSUED, ENCOURAGES THE FEDERAL RAIL ADMINISTRATION AND ANY OTHER CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 06-04-15 PAGE 1 1 FEDERAL AGENCY TO REQUIRE ALL ABOARD FLORIDA TO PAY FOR THE COST OF 2 CONSTRUCTING QUIET ZONES AND OTHER IMPROVEMENTS TO THE FLORIDA 3 EAST COAST INDUSTRIES AT-GRADE RAILROAD CROSSINGS LOCATED WITHIN 4 THE CITY; PROVIDING AND EFFECTIVE DATE; AND FOR OTHER PURPOSES. 5 c. RESOLUTION 25, 2015 -SETTING CITY COUNCIL MEETING DATES. A 6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 7 FLORIDA AMENDING THE SCHEDULE OF REGULAR CITY COUNCIL MEETINGS 8 FOR THE MONTHS OF SEPTEMBER AND OCTOBER, 2015; PROVIDING AN 9 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 10 d. RESOLUTION 29, 2015-PROJECT BRUIN. A RESOLUTION OF THE CITY COUNCIL 11 OF THE CITY OF PALM BEACH GARDENS, FLORIDA GRANTING CONCEPTUAL 12 APPROVAL FOR "PROJECT BRUIN" ECONOMIC DEVELOPMENT INCENTIVES; 13 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 14 e. PURCHASE AWARD -ANNUAL ASPHALT MILLING AND RESURFACING. 15 f. PURCHASE AWARD-EMPLOYEE BENEFITS CONSULTING SERVICES. 16 Vice Mayor Levy made a motion for approval of the Consent Agenda. 17 Council Member Russo seconded. 18 Motion passed 5-0. 19 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 20 Those preparing to give testimony were sworn in. 21 The City Clerk read Ordinance 4, 2015 by title. 22 a. ORDINANCE 4, 2015 -(2nd READING AND ADOPTION) AMENDING CHAPTER 62. 23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 24 FLORIDA REPEALING CHAPTER 62. STREETS, SIDEWALKS AND CERTAIN OTHER 25 PUBLIC PLACES. IN ITS ENTIRETY AND READOPTING SAME, AS REVISED, IN 26 ORDER TO AMEND AND CLARIFY THE REGULATIONS THAT GOVERN THE USE OF 27 THE CITY'S STREETS, SWALES, RIGHTS-OF-WAY, AND PUBLIC PLACES.; 28 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY 29 TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 30 Mayor Jablin opened the Public Hearing. 31 Petitioner: None. 32 Staff presentation: No changes since first reading. 33 Public comment: None. 34 Mayor Jablin closed the Public Hearing. 35 Vice Mayor Levy made a motion to approve Ordinance 4, 2015 on second reading and 36 adoption. 37 Council Member Tinsley seconded. 38 Motion passed 5-0. 39 The City Clerk read Ordinance 9, 2015 and Resolution 19, 2015 by title. 40 b. ORDINANCE 9, 2015-(2nd READING AND ADOPTION) AMENDING CHAPTER 70. 41 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 42 FLORIDA REPEALING CHAPTER 70. TRAFFIC AND VEHICLES. IN ITS ENTIRETY 43 AND READOPTING SAME, AS REVISED, IN ORDER TO AMEND AND CLARIFY 44 REGULATIONS THAT GOVERN THE USE OF MOTOR VEHICLES WITHIN THE CITY 45 AND TO BE CONSISTENT WITH STATE LAW; PROVIDING A CONFLICTS CLAUSE, A 46 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE 47 DATE; AND FOR OTHER PURPOSES. 48 Mayor Jablin opened the Public Hearing. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 06-()4-15 PAGE 2 1 Petitioner: None. 2 Staff presentation: No changes since first reading. 3 Public comment: None. 4 Mayor Jablin closed the Public Hearing. 5 Vice Mayor Levy made a motion to approve Ordinance 9, 2015 on second reading and 6 adoption. 7 Council Member Tinsley seconded. 8 Motion passed 5-0. 9 RESOLUTION 19, 2015 IS A COMPANION ITEM TO ORDINANCE 9, 2015 AND WILL 10 REQUIRE COUNCIL ACTION. 11 RESOLUTION 19, 2015 -REVISING THE SCHEDULE OF FEES AND CHARGES. A 12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 13 FLORIDA REVISING THE SCHEDULE OF FEES AND CHARGES RELATED TO 14 CHAPTER 70 OF THE CITY'S CODE OF ORDINANCES FOR FISCAL YEAR 2014/2015; 15 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 16 Mayor Jablin opened the Public Hearing. 17 Petitioner: None. 18 Staff presentation: None. 19 Public comment: None. 20 Mayor Jablin closed the Public Hearing. 21 Vice Mayor Levy made a motion to approve Resolution 19,2015. 22 Council Member Tinsley seconded. 23 Motion passed 5-0. 24 The City Clerk ready Ordinance 7, 2015 by title. 25 c. ORDINANCE 7, 2015 -(1sT READING) TEMPORARY CHANGE TO MUNICIPAL 26 ELECTION DATE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 27 BEACH GARDENS, FLORIDA AMENDING THE CITY CHARTER AT ARTICLE IV. 28 SECTION 4-1. IN ORDER TO MOVE THE DATE OF THE 2016 MUNICIPAL ELECTION 29 TO THE THIRD TUESDAY OF MARCH TO COINCIDE WITH THE 2016 FEDERAL 30 PRESIDENTIAL PRIMARY ELECTION; FURTHER AMENDING SECTION 4-1 TO 31 REVISE THE DATES FOR QUALIFYING AND FOR ANY NECESSARY RUNOFF 32 ELECTION; PROVIDING THAT EACH AND EVERY OTHER SECTION AND 33 SUBSECTION OF THE CHARTER OF THE CITY OF PALM BEACH GARDENS SHALL 34 REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A 35 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 36 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 37 Mayor Jablin opened the Public Hearing. 38 Petitioner: None. 39 Staff presentation: City Clerk, Patricia Snider. 40 Public comment: None. 41 Mayor Jablin closed the Public Hearing. 42 Vice Mayor Levy made a motion to approve Ordinance 7, 2015 on first reading. 43 Council Member Tinsley seconded. 44 Motion passed 5-0. 45 The City Clerk read Ordinance 8, 2015 by title. 46 d. ORDINANCE 8, 2015 -(1 5T READING) AMEND THE CANDIDATE QUALIFYING 47 PERIOD. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH 48 GARDENS, FLORIDA AMENDING THE CODE OF ORDINANCES AT CHAPTER 26. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 06-04-15 PAGE 3 1 ELECTIONS, BY REPEALING SECTION 26-4. TIME FOR QUALIFYING. IN ORDER TO 2 REVISE THE DATES FOR CANDIDATE QUALIFICATION AND READOPTING SAME, 3 AS REVISED; FURTHER AMENDING CHAPTER 26 . BY REPEALING SECTION 26-6. 4 CALLING OF ELECTION. IN ORDER TO MOVE THE DATE OF THE 2016 MUNICIPAL 5 ELECTION TO THE THIRD TUESDAY OF MARCH TO COINCIDE WITH THE 2016 6 FEDERAL PRESIDENTIAL PRIMARY ELECTION; FURTHER AMENDING CHAPTER 26. 7 AT SECTION 26-24. ALTERNATIVE METHOD OF QUALIFYING. BY REPEALING 8 SUBSECTIONS (c) AND (f) IN ORDER TO REVISE THE DATES FOR THE CANDIDATE 9 QUALIFICATION BY PETITION; PROVIDING THAT EACH AND EVERY OTHER 10 SECTION AND SUBSECTION OF CHAPTER 26. SHALL REMAIN IN FULL FORCE AND 11 EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A 12 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE 13 DATE ; AND FOR OTHER PURPOSES. 14 Mayor Jablin opened the Public Hearing. 15 Petitioner: None. 16 Staff presentation: City Clerk, Patricia Snider. 17 Public comment: None. 18 Mayor Jablin closed the Public Hearing. 19 Vice Mayor Levy made a motion to approve Ordinance 8, 2015 on first reading. 20 Council Member Tinsley seconded. 21 Motion passed 5-0. 22 The City Clerk read Ordinance 10, 2015 by title. 23 e. ORDINANCE 10, 2015 -(1 sr READING) BUDGET AMENDMENT. AN ORDINANCE 24 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA 25 AMENDING THE CITY OF PALM BEACH GARDENS' BUDGET FOR THE FISCAL 26 YEAR BEGINNING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015, 27 INCLUSIVE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND 28 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 29 PURPOSES. 30 Mayor Jablin opened the Public Hearing. 31 Petitioner: None. 32 Staff presentation: City Manager, Ron Ferris; Finance Administrator, Alan Owens. 33 Public comment: Joel Brier, 13600 Running Water Road, Palm Beach Gardens; Sal Zambito, 34 11218 Osprey Lane, West Palm Beach; Harvey Van Norman, 3558 Wildwood Forest Court, 35 Palm Beach Gardens; Fred Markwith, 4106 Ilex Circle North, Palm Beach Gardens; Bruce 36 Bonvento, 4196 Arbor Way, Palm Beach Gardens; Margaret Rose, 10735 Grande Blvd, West 37 Palm Beach; Maria Marino, 906 Windermere Way , Palm Beach Gardens; Ken Kennerly, 3300 38 PGA Blvd #800 , Palm Beach Gardens; Joel Paige, 1 Ceann Court, Palm Beach Gardens; Joan 39 Elias, 1009 Diamond Head Way, Palm Beach Gardens; Tory Buckley, 4454 Daffodil Circle 40 South, Palm Beach Gardens . 41 Mayor Jablin closed the Public Hearing. 42 Vice Mayor Levy made a motion to approve Ordinance 10,2015 on first reading. 43 Council Member Russo seconded. 44 Motion passed 5-0. 45 The City Clerk read Resolution 11 ,2015 by title. 46 f. *RESOLUTION 11 , 2015 -SEACOAST BANKING CENTER. A RESOLUTION OF THE 47 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A 48 MISCELLANEOUS SITE PLAN AMENDMENT FOR THE SEACOAST BANKING CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 06-04-15 PAGE 4 1 CENTRE, WHICH IS LOCATED NORTHWEST OF THE INTERSECTION OF PGA 2 BOULEY ARD AND KEW GARDENS AVENUE WITHIN THE REGIONAL CENTER 3 PLANNED COMMUNITY DEVELOPMENT (PCD), IN ORDER TO ALLOW THE 4 RELOCATION OF TWO (2) EXISTING SIGNS FROM THE NORTH AND SOUTH 5 ELEVATIONS TO THE EAST AND WEST ELEVATIONS; PROVIDING CONDITIONS OF 6 APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 7 Mayor Jablin opened the Public Hearing 8 Mayor Jablin asked for any ex-parte. 9 None. 10 Petitioner: Brett Leone, Cotleur and Hearing. 11 Staffpresentation: None. 12 Public comment: None. 13 Mayor Jablin closed the Public Hearing. 14 Vice Mayor Leyy made a motion to approve Resolution 11, 2015. 15 Council Member Tinsley seconded. 16 Motion passed 5-0. 17 The City Clerk read Resolution 20, 2015 by title. 18 g. *RESOLUTION 20, 2015 -CHURCH IN THE GARDENS. A RESOLUTION OF THE 19 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING 20 ART IN PUBLIC PLACES FOR CHURCH IN THE GARDENS PLANNED UNIT 21 DEVELOPMENT (PUD), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING 22 CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 23 PURPOSES. 24 Mayor Jablin opened the Public Hearing 25 Mayor Jablin asked for any ex-parte. 26 None. 27 Petitioner: Pastor Mark Miller, Church in the Gardens. 28 Staffpresentation: Principal Planner, Dawn Sonneborn. 29 Public comment: None. 30 Mayor Jablin closed the Public Hearing. 31 Council Member Levy made a motion to approve Resolution 20,2015. 32 Council Member Tinsley seconded. 33 Motion passed 5-0. 34 The City Clerk read Resolution 24, 2015 by title. 35 h. *RESOLUTION 24, 2015 -LA POSADA ASSISTED LIVING FACILITY. A 36 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 37 FLORIDA APPROVING A SITE PLAN AMENDMENT FOR THE LA POSADA SENIOR 38 ASSISTED LIVING FACILITY FOR THE BUILD-OUT OF PHASE II, LOCATED IN THE 39 REGIONAL CENTER PLANNED COMMUNITY DEVELOPMENT (PCD), CONSISTING 40 OF A 76-BED/38-UNIT ASSISTED LIVING FACILITY. THE SUBJECT SITE IS 41 APPROXIMATELY 22.5 ACRES AND IS LOCATED SOUTH OF VALENCIA GARDENS 42 AVENUE, EAST OF WESTPORT DRIVE, NORTH OF GARDENS PARKWAY, AND WEST 43 OF SAN CRISTOBAL GARDENS AVENUE, AS MORE PARTICULARLY DESCRIBED 44 HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS; 45 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 46 Mayor Jab lin opened the Public Hearing 47 Mayor Jablin asked for any ex-parte. 48 None. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 06-Q4-15 PAGE 5 1 Petitioner: Dodi Glas, Gentile, Glas, Hollaway, O'Mahoney and Associates 2 Staff presentation: None. 3 Public comment: None. 4 Mayor Jablin closed the Public Hearing. 5 Vice Mayor Levy made a motion to approve Resolution 24,2015. 6 Council Member Tinsley seconded. 7 Motion passed 5-0. 8 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION 9 a. DISCUSSION REGARDING CITIZEN SURVEY RESULTS. 10 Council Member Tinsley asked the City Council to consider alternate means of transportation 11 based on the results of the Citizen Survey i.e. trolley system; Discussion ensued. 12 b. NORTH COUNTY DISTRICT PARK 13 Council Member Tinsley discussed options for the County's District Park; Discussion ensued. 14 XII. CITY ATTORNEY REPORT 15 City Attorney Max Lohman provided a status on the development and Board of County 16 Commissioners approval on the PGA Waterfront Project. Discussion ensued. 17 Vice Mayor Levy made a motion to authorize the City Attorney to file a Writ of Petition for 18 Certiorari to challenge the Board of County Commissioners approval of the PGA Waterfront 19 Project. 20 Council Member Russo seconded. 21 Motion passed 5-0. 22 23 (Fhe remainder of this page intentionally left blank.) 24 25 CllY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 06-D4-15 PAGE 6 1 XIII. ADJOURNMENT 2 Vice Mayor Levv made a motion to adjourn. 3 Council Member Tinsley seconded. 4 Motion passed 5-0. 5 The meeting adjourned at 9:59 p.m. 6 The next regularly scheduled City Council meeting will be held Wednesday, July 1, 2015. 7 8 APPROVED: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . 26 27 28 29 30 31 32 33 34 J Robert J. Premuroso, Council Member Marcie Tinsley, Council Member .;_,. 3~ - -..1 , '" ' 36 I ATTEST: ' ' ' • ~~37 ;.:::. ... :~~ 3& --: __39 \I 40 41 42 43 44 45 46 47 48 Patricia Snider, CMC -City Clerk Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available on the City Website or 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 06-Q4-15 PAGE 7