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HomeMy WebLinkAboutMinutes Council 0505161 CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING 4 May 5, 2016 5 6 The regular meeting was called to order at 7:02 p.m. by Mayor for a Day Havlicek. 7 I. PLEDGE OF ALLEGIANCE 8 II. ROLL CALL 9 PRESENT: Mayor Tinsley, Vice Mayor Jablin, Councilmember Premuroso, Councilmember 10 Levy, Councilmember Marino. 11 · ABSENT: None. 12 III. ADDITIONS, DELETIONS, MODIFICATIONS 13 None. 14 IV. ANNOUNCEMENTS AND PRESENTATIONS 15 a. ALL ABOARD FLORIDA 100% PLAN REVIEW/QUIET ZONE. 16 b. RIGHT OF WAY CONVEYANCE AGREEMENT FOR 117TH COURT NORTH. 17 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 18 Councilmember Maria Marino: Attended the Florida League of Cities Elected Officials 19 Workshop; Attended the Palm Beach Gardens High School Magnet Program Golf Tournament 20 at Abacoa; Attended a retirement party for former Councilmember Joseph Russo at Ballenisles; 21 Announced she is Palm Beach North. 22 Councilmember David Levy: Attended the Palm Beach County League of Cities Board of 23 Directors Meeting; Announced the Palm Beach County Inspector General gave a presentation of 24 the annual budget at the meeting. 25 Council Member Robert Premuroso: Attended Dwyer Gala at the Marriot Hotel; Attended the 26 Palm Beach Gardens High School Magnet Program Golf Tournament at Abacoa; Commended 27 Woolbright Development on the improvements that are being made at Promenade Plaza. 28 Vice Mayor Eric Jablin: Announced the Green Market has moved inside to Store Self Storage 29 on PGA Blvd and Military Trail. 30 Mayor Marcie Tinsley: Gave the State of the City of Address to the PGA Blvd Corridor 31 Association; Attended the William T. Dwyer High School 25th Anniversary Breakfast; Attended 32 the City Council Special Meeting regarding Shady Lakes; Attended the Northern Palm Beaches 33 Chamber of Commerce Branding Kickoff ; Wished all the mothers a Happy Mother's Day. 34 VI. COMMENTS FROM THE PUBLIC 35 Deborah Kaplan.103 Via Condado Way, Palm Beach Gardens; Kathy Beamer, 2258 Quail 36 Ridge N . Palm Beach Gardens; Abby Baker, 220 Isle Verde Way, Palm Beach Gardens; Barry 37 Mendelewicz, 4010 Willow Run, Palm Beach Gardens; Matt Baker, 220 Isle Verde Way, Palm 38 Beach Gardens; Wanda Kaye Duke Frensley, 34 Thurston Drive, Palm Beach Gardens; Kathy 39 Gabriel, 189 Sedona Way, Palm Beach Gardens; Samuel Meshberg, 118 Via Palacio, Palm 40 Beach Gardens; Ron Kaplan, 103 Via Condado Way, Palm Beach Gardens; Allan Goldberg, 41 1011 Grand Isle Terrace, Palm Beach Gardens; Michael Marsh, P.O. Box 691061 , V ero Beach; 42 Israel Balderas, 5025 Whispering Hollow, Palm Beach Gardens; Joseph R. Russo, Jr. 4907 43 Midtown Lane, #1302, Palm Beach Gardens; Matthew Kamula, 9678 Osprey Isles Blvd, West 44 Palm Beach; Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens. 45 VII. CITY MANAGER REPORT 46 Addressed issues regarding staffing at Station 64; Announced the 9th Annual Palm Beach Cup 47 sponsored by the Palm Beach Soccer Academy will be h eld May 6-8, 2016 at Mirasol, Lake 48 Catherine, Lilac, PGA National and Gardens parks; Thanked Deputy City Manager Jack CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 05-05-16 PAGE 1 1 Doughney and Public Services Director David Reyes for their assistance to provide plans for 2 117'11 Court and Shady Lakes Drive. 3 VIII. CONSENT AGENDA 4 a.APPROVE MINUTES FROM APRIL 7, 2016 CITY COUNCIL MEETING. 5 b.RESOLUTION 28, 2016 -RE-ESTABLISHING THE BUDGET OVERSIGHT 6 COMMITTEE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 7 BEACH GARDENS, FLORIDA RE-ESTABLISHING THE BUDGET OVERSIGHT 8 COMMITTEE; PROVIDING A PURPOSE, POWERS AND DUTIES, MEMBERSHIP, AND 9 MEETINGS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 10 c.RESOLUTION 30, 2016 -AMENDING RESOLUTION 152, 2005. A RESOLUTION OF 11 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA 12 AMENDING RESOLUTION 152, 2005 BY STRIKING CONDITION OF APPROVAL 13 NUMBER 5 TO PROVIDE A PAYMENT IN LIEU OF TO THE CITY'S ART IN PUBLIC 14 PLACES (AIPP) FUND TO CONSTRUCT AN ARTISTIC BUS SHELTER IN AN 15 ALTERNATIVE LOCATION. THE SUBJECT SITE IS LOCATED AT THE INTERSECTION 16 OF DONALD ROSS ROAD AND PROSPERITY FARMS ROAD, AS MORE 17 PARTICULARLY DESCRIBED HEREIN; PROVIDING A CONDITION OF APPROVAL; 18 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 19 d.RESOLUTION 33, 2016 -RIGHT OF WAY CONVEYANCE AGREEMENT FOR 117TH 20 COURT NORTH. GARDENS, FLORIDA APPROVING THE RIGHT OF WAY 21 CONVEYANCE AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH 22 COUNTY AND THE CITY OF PALM BEACH GARDENS FOR 117TH COURT NORTH 23 RIGHT OF WAY; AUTHORIZING AND RATIFYING THE TRANSFER OF FUNDS FROM 24 BUDGETED RESERVES, PURSUANT TO SECTION 2-293. APPROPRIATIONS. OF THE 25 CITY CODE OF ORDINANCES, NECESSARY TO FUND THE CONSTRUCTION OF THE 26 117TH COURT NORTH IMPROVEMENT PROJECT; AUTHORIZING THE CITY 27 MANAGER TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE SAID PROJECT; 28 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES 29 e.PURCHASE AW ARD -ANNUAL ASPHALT MILLING AND RESURFACING. 30 f.PURCHASE AW ARD OF ITB2016-053PS, MAINTENANCE OF FIRE ALARM SYSTEMS. 31 g.PROCLAMA TION -MUNICIPAL CLERK WEEK. 32 h.PROCLAMATION-WATERREUSE WEEK. 33 i.PROCLAMATION -NATIONAL PUBLIC WORKS WEEK. 34 j.PROCLAMA TION -CIVILITY MONTH. 35 k.PROCLAMATION -NATIONAL POLICE WEEK. 36 I.PROCLAMATION -NATIONAL MISSING AND EXPLOITED CHILDREN'S DAY. 37 m.PROCLAMATION -EMERGENCY MEDICAL SERVICES WEEK. 38 n.PROCLAMATION -AMERICAN STROKE MONTH. 39 Councilmember Levy made a motion for approval of the Consent Agenda. 40 Vice Mayor Jablin seconded. 41 Motion passed 5-0. 42 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 43 Those preparing to give testimony were sworn in. 44 The City Clerk read Resolution 31, 2016 by title. 45 a. *RESOLUTION 31, 2016 -SITE PLAN APPROVAL. A RESOLUTION OF THE CITY 46 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA GRANTING SITE 47 PLAN APPROVAL FOR A 3.5-ACRE COMMUNITY RECREATION AND FITNESS 48 FACILITY LOCATED WITHIN THE NORTHEAST CORNER OF RESIDENTIAL PARCEL CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 05-05-16 PAGE 2 1 E IN THE AL TON DEVELOPMENT OF REGIONAL IMP ACT (DRl)/PLANNED 2 COMMUNITY DEVELOPMENT (PCD); THE SUBJECT SITE IS APPROXIMATELY 3.5 3 ACRES WITHIN THE 45.63-ACRE PARCEL E, WITHIN THE 681-ACRE PCD, AND IS 4 MORE SPECIFICALLY LOCATED AT THE INTERSECTION OF ALTON ROAD AND 5 GRANDIFLORA ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING 6 CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DA TE; AND FOR OTHER 7 PURPOSES. 8 Mayor Tinsley opened the Public Hearing. 9 Mayor Tinsley asked for any ex-parte. 10 None. 11 Petitioner: Donaldson Hearing, Cotleur and Hearing. 12 Staff presentation: None. 13 Public comment: None. 14 Mayor Tinsley closed the Public Hearing. 15 Councilmember Levy made a motion to approve Resolution 31, 2016. 16 Vice Mayor Jablin seconded. 17 Motion passed 5-0. 18 The City Clerk read Ordinance 3, 2016 by title. 19 b. ORDINANCE 3, 2016-(2ND READING AND ADOPTION) AVENIR. AN ORDINANCE 20 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA 21 ADOPTING A LARGE-SCALE AMENDMENT TO ITS COMPREHENSIVE PLAN IN 22 ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA 23 STATUTES, SPECIFICALLY SECTION 163.3184, ET SEQ., FLORIDA STATUTES, 24 PURSUANT TO APPLICATION NO. CPMA-13-07-000016, WHICH PROVIDES FOR AN 25 AMENDMENT TO THE FUTURE LAND USE MAP IN ORDER TO CHANGE THE LAND- 26 USE DESIGNATION ON 4,763 ACRES FROM RURAL RESIDENTIAL (RRl 0) AND 27 RURAL RESIDENTIAL (RR20) TO MIXED USE DEVELOPMENT (MXD); TO RELOCATE 28 THE URBAN GROWTH BOUNDARY (UGB) IN ORDER TO INCLUDE THE SUBJECT 29 PROPERTY; PROVIDING A NOTATION ON THE FUTURE LAND USE MAP 30 PERTAINING TO THE PERMITTED LAND-USE DENSITIES AND INTENSITIES 31 RELATED TO THE SUBJECT PROPERTY; PROVIDING FOR A TEXT AMENDMENT TO 32 THE FUTURE LAND USE ELEMENT BY AMENDING OBJECTIVE 1.1.1. FUTURE LAND 33 USE CATEGORIES, POLICY 1.1.2.8. URBAN GROWTH BOUNDARY (UGB), POLICY 34 l.2.4.l.(a)2., AND POLICY 1.2.4.4.(b) IN ORDER TO AMEND THE URBAN GROWTH 35 BOUNDARY TO INCLUDE CERTAIN REAL PROPERTY LOCATED ON THE NORTH 36 SIDE OF NORTHLAKE BOULEY ARD, EAST OF GRAPEVIEW BOULEY ARD, WEST OF 37 BAY HILL DRIVE, AND SOUTH OF BEELINE HIGHWAY; PROVIDING FOR 38 COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; 39 PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC 40 OPPORTUNITY (DEO); PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 41 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND 42 FOR OTHER PURPOSES. 43 Mayor Tinsley opened the Public Hearing. 44 Petitioner: Ken Tuma, Urban Design Kilday Studios. 45 Staff presentation: Principal Planner, Dawn Sonneborn. 46 Public comment: 4 7 The comment cards were collected from the public and separated into two (2) categories: 48 1. Those wishing to speak were given 3 minutes and made their comments into the record. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 05-05-16 PAGE 3 1 2. Eight (8) comments cards were marked read only were entered into the record only. 2 Joseph Russo, 48 Somerset Terrace, Palm Beach Gardens; Gary Alexander, 9060 Lakes Blvd, 3 West Palm Beach; Drew Martin, 1015 N. "M" Street, Lake Worth; Michelle DePotter, 2617 N. 4 Australian Avenue, West Palm Beach; Sean Mitchell, 1001 W. 15th Street, Riviera Beach; Rick 5 Reikenis, 13081 SE Green Turtle, Tequesta; Jack Weir, 5604 PGA Blvd, Palm Beach Gardens; 6 Sandra Foland, 5631 Whirlaway Road, Palm Beach Gardens; Rick Sartory, 130 Santa Barbara 7 Way, Palm Beach Gardens; David Vigier, 5260 Woodland Lake Drive, Palm Beach Gardens; 8 Beth Kigel, 5520 PGA Blvd, Palm Beach Gardens; Carol Roberts, 6708 Pamela Lane, West 9 Palm Beach; Joan Elias, 1009 Diamond Way, Palm Beach Gardens; Bob Frein, 100 Village 10 Square Crossing, Palm Beach Gardens; Connie McGinnis (read only) 11089 Old Palm Drive, 11 Palm Beach Gardens; Dee Sheehan (read only), 11544 Villa Vasare Drive, Palm Beach 12 Gardens; Gary Cook, 5689 Native Dancer Road S., Palm Beach Gardens; Madison Collum 13 (read only, address is not provided on comment card); Cesar Cabral, (read only) 323 14 Brackenwood Circle, Palm Beach Gardens; Kyle Spirlis (read only) 1140 Picadilly Street, Palm 15 Beach Gardens; Jon Poulos (read only) 301 Ryder Cup, Palm Beach Gardens; Beatriz Faiardo 16 Toledo (read only) 626 6th Terrace, Palm Beach Gardens. 17 Mayor Tinsley closed the Public Hearing. 18 Vice Mayor Jablin made a motion to approve Ordinance 3, 2016 on second reading and 19 adoption. 20 Councilmember Levy seconded. 21 Motion passed 5-0. 22 The City Clerk read Ordinance 4, 2016 by title. 23 c. *ORDINANCE 4, 2016-(2ND READING AND ADOPTION) A VENIR. AN ORDINANCE 24 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA 25 REZONING CERTAIN REAL PROPERTY, SUCH PROPERTY BEING COMPRISED OF 26 4,763 ACRES IN SIZE, MORE OR LESS, AND LOCATED ON THE NORTH SIDE OF 27 NORTHLAKE BOULEY ARD, EAST OF GRAPEVIEW BOULEY ARD, WEST OF BAY 28 IDLL DRIVE, AND SOUTH OF BEELINE HIGHWAY, KNOWN AS THE AVENIR PCD; 29 PROVIDING THAT THIS PARCEL(S) OF REAL PROPERTY, WHICH IS MORE 30 PARTICULARLY DESCRIBED HEREIN, SHALL BE REZONED FROM PLANNED 31 DEVELOPMENT AREA (PDA) DISTRICT TO PLANNED COMMUNITY DEVELOPMENT 32 (PCD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF MIXED USE 33 DEVELOPMENT (MXD) DISTRICT WITH A CONSERVATION PRESERVED LAND 34 OVERLAY ON 2,407 ACRES; PROVIDING THAT THE ZONING MAP OF THE CITY OF 35 PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS 36 CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND 37 FOR OTHER PURPOSES. 38 Mayor Tinsley asked for any ex-parte. 39 Mayor Tinsley met with the owners, petitioners, applicant and spoke about the project at certain 40 events; Vice Mayor Jablin met with Ken Tuma, Steve Mathison and City Staff; 41 Councilmember Premuroso None; Councilmember Levy met with the petitioners, applicant, 42 and residents; Councilmember Marino met with petitioner and City Staff. 43 Petitioner: Ken Tuma, Urban Design Kilday Studios. 44 Staff presentation: Principal Planner Dawn Sonneborn, 45 Public comment: Public comments from item B has been incorporated in this petition. 46 Mayor Tinsley closed the Public Hearing. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 05-05-16 PAGE 4 1 Vice Mayor Jablin made a motion to approve Ordinance 4, 2016 on second reading and 2 adoption. 3 Councilmember Levy seconded. 4 Motion passed 5-0. 5 RESOLUTION 4, 2016 IS A COMP ANION ITEM TO ORDINANCE 4, 2016 AND WILL 6 REQUIRE COUNCIL ACTION. 7 The City Clerk read Resolution 4, 2016 by title. 8 *RESOLUTION 4, 2016 -AVENIR. A RESOLUTION OF THE CITY COUNCIL OF THE 9 CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE AVENIR PLANNED 10 COMMUNITY DEVELOPMENT (PCD) MASTER PLAN AND DEVELOPMENT 11 STANDARDS, CONSISTING OF 2,407 ACRES OF CONSERVATION LAND, 3,250 12 DWELLING UNITS, 1,940,000 SQUARE FEET OF PROFESSIONAL OFFICE, 200,000 13 SQUARE FEET OF MEDICAL OFFICE, 400,000 SQUARE FEET OF COMMERCIAL, A 14 300-ROOM HOTEL, 20 ACRES OF AGRICULTURE, A 55-ACRE PUBLIC PARK, A 60- 15 ACRE CIVIC/RECREATION PARCEL, A 15-ACRE POLICE/FIRE/CITY ANNEX PARCEL, 16 AND A 15-ACRE PUBLIC SCHOOL SITE, CONSISTING OF 4,763 ACRES, MORE OR 17 LESS, WITH THE SITE LOCATED ON THE NORTH SIDE OF NORTHLAKE 18 BOULEY ARD, EAST OF GRAPEVIEW BOULEY ARD, WEST OF BAY HILL DRIVE, AND 19 SOUTH OF BEELINE HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN; 20 PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND 21 FOR OTHER PURPOSES. 22 Mayor Tinsley asked for any ex-parte. 23 Mayor Tinsley met with the owners, petitioners, applicant and spoke about the project at certain 24 events; Vice Mayor Jablin met with Ken Tuma, Steve Mathison and City Staff; 25 Councilmember Premuroso None; Councilmember Levy met with the petitioners, applicant, 26 and residents; Councilmember Marino met with petitioner and City Staff. 27 Petitioner: Ken Tuma, Urban Design Kilday Studios. 28 Staff presentation: None. 29 Public comment: None. 30 Mayor Tinsley closed the Public Hearing. 31 Vice Mayor Jablin made a motion to approve Resolution 4, 2016. 32 Councilmember Levy seconded. · 33 Motion passed 5-0. 34 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION 35 Councilmember Levy expressed his concerns regarding the new detox center that is planned on 36 county property on Northlake Blvd. Discussion ensued. 37 XII. CITY ATTORNEY REPORT 38 None. 39 (/'he remainder of this page intentionally left blank) 40 41 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 05-05-16 PAGE 5 1 XIII. ADJOURNMENT 2 Councilmember Levy made a motion to adjourn. 3 Vice Mayor Jablin seconded. 4 Motion passed 5-0. 5 The meeting adjourned at 9:51 p.m. 6 7 The next regularly scheduled City Council meeting will be held June 2, 2016. 8 9 APPROVED: 10 11 12 13 14 15 - 16 17 18 19 20 21 22 23 24 25 26 27 Robert G. Premuroso, Councilmember David Levy, Councilmember -. C -_, --J - 28 29 ~~A -------------- 30 31 32 33 34 35 36 ATTEST: ]7 -:~-\:r,,-~ §-~~ .., ~:40 '' -41 Patricia-Snider, CMC 4J-=· pty Clerk .41: 44 Maria G. 1\-J.dl'ino, Councilmember 45 46 47 48 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 MEETIN G 05-05-16 PAGE 6