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
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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
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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.
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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.
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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
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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
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