HomeMy WebLinkAboutMinutes Council 020509I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 FEBRUARY 5, 2009
6 The regular meeting was called to order at 7:07 p.m. by Mayor Eric Jablin.
7 I. PLEDGE OF ALLEGIANCE
4 II. ROLL CALL
10 PRESENT: Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Joseph Russo,
11 Councilmember Jody Barnett and Councilmember Robert Premuroso.
12 III. ADDITIONS, DELETIONS, MODIFICATIONS
13 ADDITIONS
14 Resolution 22, 2009 — A Resolution of the City Council of the City of Palm Beach Gardens,
15 Florida authorizing the Mayor to execute an Interlocal Agreement with the Village of North
16 Palm Beach for building services; providing an effective date; and for other purposes.
17 CITY MANAGER'S REPORT — Resolution 22, 2009 added as Item c.
18 CONSENT AGENDA — Resolution 22, 2009 added as Item b.
19 Councilmember Russo made a motion to add Resolution 22, 2009 to the agenda.
20 Vice Mayor Levy seconded.
21 Motion passed 5 -0.
22 IV. ANNOUNCEMENTS AND PRESENTATIONS
23 a. Mayor's Veterans Golf Tournament Check Presentation.
24 b. Palm Beach Gardens Predator Soccer Team.
25 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS
26 Councilmember Barnett reported the Community Aesthetics Board (CAB) will begin giving
27 their first beautification award in category of institutional be recognized by the City Council
28 at the March 19, 2009 meeting.
29 Vice Mayor David Levy reported attending the Parks and Recreation Advisory Board (RAB)
30 meeting where the PGA National Park upgrade, master plan at Plant/Lilac Park, District Park
31 update, Allamanda Gopher Tortoise Preserve, vegetable garden, and Honda Classic were
32 discussed. He attended a Palm Beach Gardens Historical Society meeting and the joint
33 Executive Board of the League of Cities, County School Board and County Commission
34 meeting. A letter from the State League of Cities was read into the record.
35 Councilmember Russo reported attending the Honda Classic Board of Directors meeting.
36 !Qouncilmember Premuroso reported attending the Budget Oversight Committee (BOC) and
37 Community Neighborhood Watch meetings.
38 Mayor Jablin reported on the City Council and City Manager Workshop and the
39 Frenchman's Creek Concert Series.
40 VI. CITY MANAGER REPORT
41 Public Facilities Director Charlotte Presensky introduced Recreation Coordinator
42 Christy Wolnewitz who recognized the sponsors of The Highwaymen exhibit. Public
43 Facilities Director Charlotte Presensky presented an update of the 50th Anniversary events
44 and recommendations for placement of the John D. MacArthur statue.
45 PUBLIC COMMENTS
46 Tom Cairnes, PGA Corridor Association, 3101 PGA Boulevard, Palm Beach Gardens.
47 Construction Services Director Tod_ d Engle discussed Resolution 22, 2009.
48 VII. COMMENTS FROM THE PUBLIC
49 The following individuals commented to the Council:
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I Roger Blaney, 11658 Hemlock Street, Palm Beach Gardens; Eileen Tucker, Shady Lakes,
2 Palm Beach Gardens; Pat Hughey, Palm Beach Square, Palm Beach Gardens; Jeff Spear,
3 3721 SW 47th Avenue, Unit 307, Fort Lauderdale; Steve Rockoff, 500 University Plaza, Suite
4 207, Jupiter; Tom Cairnes, 3101 PGA Boulevard, Palm Beach Gardens.
5 VIII. CONSENT AGENDA
6 a. Resolution 8.2009 — Utility Easement — A Resolution of the Cty Council of the City of
7 Palm Beach Gardens, Florida accepting a Utility Easement and License from Northlake
8 Boulevard, LLC, for the purpose of allowing the City to install traffic signal mast arms at the
9 intersection of Northlake Boulevard and Hiatt Drive /Alister Boulevard; providing an effective
10 date; and for other purposes.
11 b. Resolution 22, 2009 — A Resolution of the City Council of the City of Palm Beach
12 Gardens, Florida authorizing the Mayor to execute an Interlocal Agreement with the Village
13 of North Palm Beach for building services; providing an effective date; and for other
14 purposes.
15 Vice Mayor Lew made a motion for approval of the Consent Agenda.
16 Councilmember Barnett seconded.
17 Motion passed 5 -0.
18 IX, PUBLIC HEARINGS
19 Part I —Ouasi — iudicial
20 Mayor Jablin announced the procedures that would be followed in tonight's proceedings. The
21 City Clerk swore in all those intending to offer testimony.
22 The City Clerk read Ordinance 2, 2009 by title.
23 a. Ordinance 2.2009 - (2nd read ny.) Waterway Caff — An Ordinance of the City Council
24 of the City of Palm Beach Gardens, Florida rezoning one (1) parcel of real property
25 comprised of approximately one and 501100 (1.50±) acres, more or less, in size, from
26 Residential Medium (RM) to General Commercial zoning district (CG -1); such parcel is
27 located on the South side of PGA Boulevard approximately t/a mile East of Prosperity Farms
28 Road, informally known as the "Waterway Cafd Parcel ", as described more particularly
29 herein; providing revisions to the zoning district map; providing a conflicts clause, a
30 severability clause, and authority to codify; providing an effective date; and for other
31 purposes.
32 Mayor Jablin opened the public hearing and requested ex parte communication with none
33 declared.
34 Planner Richard Marrero stated there are no changes from first reading.
35 Mayor Jablin closed the public hearing.
36 Vice Mayor Lew made a motion for adoption of Ordinance 2, 2009 on second reading.
37 Councilmember Barnett seconded.
38 Motion passed 5 -0.
39 The City Clerk read Ordinance 7, 2009 by title.
40 b. Ordinance _7s 2009 — (1st reading) — Rezoning of the Northlake Congress Commercial
41 Center property — An Ordinance of the City Council of the City of Palm Beach Gardens,
42 Florida rezoning a certain parcel of real property comprising approximately one and 37/100
43 (1.37) acres, more or less, in size; such parcel being located on the North side of Northlake
44 Boulevard approximately one mile East of I -95 at the intersection of Northlake Boulevard and
45 Congress Avenue, informally known as the Northlake Congress Commercial Center, as more
46 particularly described herein, from Residential Medium (RM) to Commercial General (CG1)
47 zoning district; revising the City zoning district map accordingly; providing a conflicts clause,
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02.05.09
I a severability clause, and authority to codify; providing an effective date; and for other
2 purposes.
3 Mayor Jablin opened the public hearing and requested ex parte communication with none
4 declared.
5 The following individuals commented on this agenda item: Senior Planner Stephen Mayer.
6 Mayor Jablin closed the public hearing.
7 Vice Mayor Levy made a motion for approval of Ordinance 7, 2009 on first reading.
8 Councilmember Russo seconded.
9 Motion passed 5 -0.
10 The City Clerk read Ordinance 8, 2009 by title.
11 c. Ordinance 8.2009 — (1st reading) - Rezoning of the Loxahatchee Slough properties.
12 An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning
13 fourteen (14) parcels of real property comprising approximately two thousand twenty -four
14 (2,024) acres, more or less, in size; such parcels of land are located within the Loxahatchee
15 Slough and Sandhill Crane natural areas which include three locations generally located West
16 of the Florida Turnpike and/or North of Northlake Boulevard, as more particularly described
17 herein, from Planned Development Area (PDA) to Conservation (CONS) zoning district; the
18 City zoning district map shall be revised accordingly; providing a conflicts clause, a
19 severability clause, and authority to codify; providing an effective date; and for other
20 purposes.
21 Mayor Jablin opened the public hearing and requested ex pane communication.
22 Vice Mayor Lew declared ex parte communication.
23 The following individuals commented on this agenda item: Senior Planner Stephen Mayer.
24 Mayor Jablin closed the public hearing.
25 Vice Mayor Levy made a motion for approval of Ordinance 8, 2009 on first reading.
26 Councilmember Barnett seconded.
27 Motion passed 5 -0.
28 Part II — Non - Quasi - iudicial
29 The City Clerk read Ordinance 1, 2009 by title.
30 a. Ordinance 1.2009 — (2nd reading and adoption) Adopting the City Logo and official
31 seal. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending
32 Chapter 2, Administration at Article I, in general by adopting an entirely new Section 2 -2 to
33 be entitled "City Seal"; providing for the official adoption of a City Seal; describing the City
34 Seal; providing that the said City Seal may only be utilized for official City of Palm Beach
35 Gardens business; further amending Chapter 2, Administration by adopting a new Section 2 -3
36 to be entitled "City Logo"; providing for the official adoption of a City Logo; describing the
37 City Logo; providing that the said City Logo may only be utilized for official City of Palm
38 Beach Gardens business; providing that the City Council may grant approval for the use of the
39 Logo for a proper purpose; providing that the City Council may adopt reasonable rules for the
40 manufacture, use, facsimile, or reproduction of this Logo; providing for penalties; providing
41 for registration with the Secretary of State of Florida, providing that each and every other
42 Provision, Section, and Article of Chapter 2, Administration shall remain in full force and
43 effect as previously enacted; providing a conflicts clause, a severability clause, and authority
44 to codify; providing an effective date; and for other purposes.
45 Mayor Jablin opened the public hearing.
46 Interim City Attorney R. Max Lohman noted the phrase "the City Clerk is the custodian of
47 the City Seal" has been added to Section 2.2, paragraph c.
48 Mayor Jablin closed the public hearing.
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I Councilmember Barnett made a motion for adoption of Ordinance 1, 2009 on second
2 reading.
3 Vice Mayor Levy seconded the motion.
4 Motion passed 5 -0.
5 The City Clerk read Ordinance 9, 2009 by title.
6 a. Ordinance 9, 2009 — Ust reading) - Gardens Medical Center — An Ordinance of the
7 City Council of the City of Palm Beach Gardens, Florida amending Ordinance 35, 2000,
8 which approved the Palm Beach Gardens Medical Center Planned Unit Development (PUD)
9 in order to amend the conditional use approval, site plan approval, and related conditions;
10 providing that future amendments to the PUD may be made by Resolution of the City
11 Council; providing a conflicts clause, a severability clause, and authority to codify; providing
12 an effective date; and for other purposes.
13 Resolution 11, 2009 is a companion item to Ordinance 9, 2009
14 and will require council action at second reading.
15 Resolution 11. 2009 — Gardens Medical Center — A Resolution of the City Council of the
16 City of Palm Beach Gardens, Florida amending the development plans for the Gardens
17 Medical Center Planned Unit Development (PUD), generally located on the Southeast corner
18 of Burns Road and Gardens East Drive, as more particularly described herein; providing
19 waivers; providing conditions of approval; providing an effective date; and for other purposes.
20 The following individuals commented on this agenda item: Anne Booth, Urban Design
21 Kilday Studios.
22 Mayor Jablin opened the public hearing.
23 Vice Mayor Lew inquired about additional impervious space being set aside. Anne Booth
24 will check.
25 Mayor Jablin closed the public hearing.
26 Vice Mayor Lew made a motion for approval of Ordinance 9, 2009 on first reading.
27 Councilmember Russo seconded.
28 Motion passed 5 -0.
29 X. RESOLUTIONS
30 The City Clerk read Resolution 9, 2009 by title.
31 a. Resolution 9 2009 - Contract Award — A Resolution of the City Council of the City of
32 Palm Beach Gardens, Florida approving a contract award to The Signal Group, Inc. for traffic
33 signal improvements at Northlake Boulevard and Hiatt Drive /Alister Boulevard in the amount
34 of $227,491.45 via an existing Agreement with St. Lucie County (No. 07 -059); providing an
35 effective date; and for other purposes.
36 The following individuals commented on this agenda item: Construction Services Director
37 Todd Engle.
38 Councilmember Barnett stated her concern for stacking in the area.
39 Vice Mayor Lew made a motion for approval of Resolution 9, 2009.
40 Councilmember Russo seconded.
41 Motion passed 5 -0.
42 The City Clerk read Resolution 10, 2009 by title.
43 b. Resolution 10.2009 - Contract Award — A Resolution of the City Council of the City of
44 Palm Beach Gardens, Florida approving a contract award to The Signal Group, Inc. for traffic
45 signal improvements at Gardens Parkway and Fairchild Gardens Avenue /San Cristobal
46 Gardens Avenue in the amount of $287,153.52 via an existing contract with St. Lucie County
47 (No. 07 -059); providing an effective date; and for other purposes.
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I The following individuals commented on this agenda item: Construction Services Director
2 Todd Engle.
3 Councilmember Russo made a motion for approval of Resolution 10, 2009.
4 Vice Mayor Lew seconded.
5 Motion passed 5 -0.
6 c. Resolution 12, 2009 - Collective Bargaining Agreement — A Resolution of the City
7 Council of the City of Palm Beach Gardens, Florida approving and ratifying a Collective
8 Bargaining Agreement with the Professional Firefighters and Paramedics of Palm Beach
9 County, Local 2928, IAFF, Inc. employed by the City's Fire Rescue Department for Fiscal
10 Years 2008 -2009, 2009 -2010, and 2010 -2011; authorizing the Mayor to execute the
11 agreement; providing an effective date; and for other purposes.
12 The following individuals commented on this agenda item: Fire Chief Pete Bergel.
13 Councilmember Russo stated his concern for future economic conditions and the agreement
14 committing to higher salaries.
15 Vice Mayor Lew, Councilmember Barnett and Councilmember Premuroso supported
16 the contract.
17 Mayor Jablin stated his concern for future economic conditions and cost of the contract in
18 future years.
19 Vice Mayor Levy made a motion for approval of Resolution 12, 2009.
20 Councilmember Barnett seconded.
21 Motion passed 5 -0.
22 d. Resolution 16, 2009 - Rental Car Surcharge Tag. A Resolution of the City Council of
23 the City of Palm Beach Gardens, Florida supporting the reallocation of the $2 local option
24 surcharge on the lease or rental of motor vehicles to the South Florida Regional
25 Transportation Authority; providing an effective date; and for other purposes.
26 PUBLIC COMMENT
27 Hal Valeche, 128 Viera Drive, Palm Beach Gardens; Joseph O'Connell, Enterprise Rent -A-
28 Car at PGA National, Palm Beach Gardens.
29 Mayor Jablin suggested a presentation from Tri-Rail.
30 Vice Mayor Levy, Councilmember Premuroso, Councilmember Russo, Councilmember
31 Barnett declined to support Resolution 16, 2009.
32 No action was taken on Resolution 16, 2009.
33 XI. ORDINANCES (for Consideration on First Reading)
34 The City Clerk read Ordinance 1, 2009 by title.
35 a. Ordinance 4, 2009 — (1st reading). Red Light Intersection cameras — An Ordinance
36 of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 70, Traffic
37 and Vehicles by adopting an entirely new Article VI to be entitled "Dangerous Intersection
38 Safety "; providing for recorded -image monitoring, definitions, an introductory period, review
39 of recorded images, notices, hearing, non - responsibility provisions, enforcement, and
40 penalties related to a violation of this article, also known as a "Red -Zone Infraction";
41 providing a conflicts clause, a severability clause, and authority to codify; providing an
42 effective date; and for other purposes.
43 The following individuals commented on this agenda item: Police Chief Stephen Stepp.
44 PUBLIC COMMENT
45 Carolyn Chaplik. 715 Hudson Bay Drive, Palm Beach Gardens; Ken Menard, 8510 E.
46 Garden Oaks, Palm Beach Gardens.
47 Vice Mayor Levy made a motion for approval of Ordinance 4, 2009 on first reading.
48 Councilmember Russo seconded.
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I Motion passed 4 -1 with Councilmember Barnett dissenting.
2 b. Ordinance 5, 2009 - Ust reading) Boards and Committees. An Ordinance of the City
3 Council of the City of Palm Beach Gardens, Florida amending Chapter 2, Administration at
4 Article III, Boards and Committees in order to amend the composition of the City's Boards
5 and Committees and to revise the attendance policy and the appointment procedures for same;
6 providing that each and every other Section and Sub - section of Chapter 2, Administration
7 shall remain the same as previously adopted; providing a conflicts clause, a severability
8 clause, and authority to codify; providing an effective date; and for other purposes.
9 Vice Mavor Levv made a motion for approval of Ordinance 5, 2009 on first reading.
10 Councilmember Russo seconded.
11 Motion passed 5 -0.
12 c. Ordinance 11. 2009 — (1st reading) Studio uses in M1A Light Industrial District —
13 An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending
14 Chapter 78, Land Development at Section 78 -159 entitled "Permitted Uses, Minor, and Major
15 Conditional Uses, and Prohibited Uses" in order to provide for studio uses as Minor
16 Conditional Uses within the M -IA light industrial district; providing that each and every other
17 Section and Sub - section of Chapter 78, Land Development shall remain the same as
18 previously adopted; providing a conflicts clause, a severability clause, and authority to codify;
19 providing an effective date; and for other purposes.
20 The followin individuals commented on this agenda item: Michael Sanchez. Johnson
21 Grout) Consultants.
22 Councilmember Russo made a motion for approval of Ordinance 11, 2009 on first reading.
23 Vice Mayor Levv seconded.
24 Motion passed 5 -0.
25 XH. ITEMS FOR COUNCIL ACTION/DISCUSSION
26 None.
27 XIII. CITY ATTORNEY REPORT
28 Interim City Attorney R. Max Lohman reported on Gardens Station and the Borland
29 Center. The City Council gave their consensus for the Interim City Attorney R. Max Lohman
30 to pursue the issue.
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XIV. ADJOURNMENT
Vice Mayor Lew made a motion to adjourn.
Councilmember Russo seconded.
Motion passed 5 -0.
The meeting adjourned at 10:33 p.m.
The next regularly scheduled City Council meeting will be held February 19
APPROVED:
David 1(evy, Vi
Eric Jul. ' emb
Jody Barnett, ouncilmember
Robert G. Premuroso, Councilmember
ATTEST:
z2k�& -
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 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
02.05.09
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