HomeMy WebLinkAboutMinutes Council 021909I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
I FEBRUARY 19, 2009
6 The regular meeting was called to order at 7:05 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 A moment of silence was observed for the passing of retired employee Dana Mack.
13 III. ADDITIONS. DELETIONS, MODIFICATIONS
14 ADDITIONS
15 a. Under City Manager Report: Tri-Rail Charrette Steering Committee Report.
16 IV. ANNOUNCEMENTS AND PRESENTATIONS
17 Public Facilities Director Charlotte Presensky reported on site recommendations for the
18 John D. MacArthur Statue.
19 PUBLIC COMMENT
20 Carol Estrada, 309 Riverside Drive, Palm Beach Gardens.
21 Councilmember Russo made a motion directing staff to proceed with locating the statue at
22 Lake Catherine.
23 Vice Mayor Levy seconded.
24 Motion passed 3 -2, Mayor Jablin with Councilmember Premuroso dissenting.
25 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS
26 Councilmember Barnett thanked the Fire Department for their Open House event.
27 Vice Mayor David Lew attended the first meeting of the Palm Beach County Water
28 Resource Task Force where he was elected vice chair and attended the BallenIsles Country
29 Club Going Green event.
30 Councilmember Russo reported an alligator attack on a dog at the Sand Hill Crane park area
31 and requested caution signs be posted.
32 Councilmember Premuroso reported Saturday (February 21, 2009) is the opening day for
33 Palm Beach Gardens baseball and recognized City Manager Ron Ferris as Employee of the
34 Month for his efforts in keeping the Councilmembers up to date.
35 Mayor Jablin attended the Frenchman's Creek annual luncheon; the BallenIsles Country
36 Club Going Green event; the Metropolitan Planning Organization (MPO) meeting and stated
37 his objections to Senate Bill 360.
38 VI. CITY MANAGER REPORT
39 City Manager Ferris introduced Planning Manager Nilsa Zacarias who discussed the
40 transportation charrette.
41 City Manager Ferris discussed the impacts of Senate Bills 360 and 630 and the City Council
42 granted him permission to meet with Senator Atwater, Lobbyist Tom DeRita and City
43 Managers from other North County municipalities. Mayor Jablin requested Vice Mayor
44 Levv discuss the bills at the League of Cities.
45 VII. COMMENTS FROM THE PUBLIC
46 The following individuals commented to the Council: Joan Elias, 1009 Diamond Head Way,
47 Palm Beach Gardens; Dr. Myles Cooley, 9121 North Military Trail, Suite 210, Palm Beach
48 Gardens; Eileen Tucker, Shady Lakes, Palm Beach Gardens.
49 VIII. CONSENT AGENDA
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1
02.19.09
I
a.
Resolution 7, 2009 —
Palm Beach County EMS Grant.
2
b.
Resolution 13, 2009
— Agreement with Children's Healthcare Charity, Inc.
3
c.
Resolution 17, 2009
— Agreements for Professional Graphic Artist Services.
4
d.
Resolution 18, 2009
— Surplus Property.
5
e.
Resolution 20, 2009
— Doubletree Plat.
6
Councilmember
Barnett requested item b be pulled from the agenda.
7
Vice Mavor Levy made a
motion for approval of the Consent Agenda with the removal of
8
item b.
9 Councilmember Premuroso seconded.
10 Motion passed 5 -0.
11 Councilmember Russo stated he serves on the Board of the Children's Healthcare Charity,
12 Inc., but has been advised by Interim City Attorney R. Max Lohman that he can vote on this
13 item because he does not receive any money.
14 Councilmember Barnett objected to the words "annual basis" in Resolution 13, 2009.
15 Councilmember Barnett made a motion for approval of item b. Resolution 13, 2009 with
16 "2009" replacing "annual basis."
17 Vice Mayor Levy seconded.
18 Motion passed 5 -0.
19 IX. PUBLIC HEARINGS
20 Part I —Quasi judicial
21 Mayor Jablin announced the procedures that would be followed in tonight's proceedings. The
22 City Clerk swore in all those intending to offer testimony.
23 The City Clerk read Ordinances 12, 13, and 10, 2009 and Resolution 15, 2009 by title for
24 concurrent consideration.
25 a. Ordinance 12. 2009 - (1st reading) Voluntary Annexation Petition. An Ordinance of
26 the City Council of the City of Palm Beach Gardens, Florida annexing, pursuant to a petition
27 for voluntary annexation, a parcel of land consisting of approximately ten (10) acres,
28 generally located at the Northwest comer of the intersection of Alternate AIA and Hood
29 Road, in Palm Beach County, Florida, as more particularly described herein; declaring that
30 the voluntary annexation petition bears the signature of the owner of the real property
31 annexed hereby; amending Article II of the City Charter by redefining the corporate limits;
32 providing a severability clause, a conflicts clause, and authority to codify; providing an
33 effective date; and for other purposes.
34 b. Ordinance 13, 2009 — (1st reading) Frenchman's Crossing Comprehensive Plan
35 Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida,
36 adopting a small -scale amendment to its Comprehensive Development Plan in accordance
37 with the mandates set forth in Chapter 163, Florida Statutes, specifically Section
38 163.3187(1)(c), et seq., Florida Statutes, pursuant to City - initiated application no. CPMA -07-
39 08- 000007, which provides for an amendment to the City's Future Land Use Map designating
40 one (1) parcel of real property comprising approximately ten (10.0+) acres, more or less, in
41 size as "(C) Commercial"; such parcel of land is located on the Northwest comer of the
42 intersection of Hood Road and Alternate AIA, informally known as "Frenchman's Crossing ";
43 providing for compliance with all requirements of Chapter 163, Florida Statutes; providing a
44 conflicts clause and a severability clause; providing an effective date; and for other purposes.
45 c. Ordinance 10, 2009 — (1st reading) Frenchman's Crossing PUD. An Ordinance of the
46 City Council of the City of Palm Beach Gardens, Florida rezoning one (1) parcel of real
47 property consisting of approximately ten and 00 /100 (10.00+) acres, more or less, in size,
48 from County Zoning Designation Agricultural Residential/Special Exception (AR/SE) to City
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02.19.09
I Zoning Designation General Commercial (CG -1) zoning district with a Planned Unit
2 Development (PUD) overlay; such parcel is located at the Northwest corner of Hood Road
3 and Alternate A 1 A, as described more particularly herein, more commonly known as the
4 "Frenchman's Crossing PUD "; providing revisions to the zoning district map; providing a
5 conflicts clause, a severability clause, and authority to codify; providing an effective date; and
6 for other purposes.
7 Resolution 15, 2009 is a companion item to Ordinance 10, 2009 and will require council
8 action at second reading
9 Resolution 15.2009 - Frenchman's Crossing PUD. A Resolution of the City Council of the
10 City of Palm Beach Gardens, Florida approving the Frenchman's Crossing Planned Unit
11 Development (PUD) allowing for a 45,600 square -foot retail grocery store and 16,600 square
12 feet of general commercial uses on a 10 -acre parcel, as described more particularly herein;
13 providing waivers; providing conditions of approval; providing an effective date; and for
14 other purposes.
15 Mayor Jablin explained if Ordinances 12, 13 and 10, 2009 are passed, Resolution 15, 2009
16 will go forward for second reading.
17 Mayor Jablin opened the public hearing and requested ex parte communication, which were
18 declared by Mayor Jablin, Vice Mayor Levy, Councihnember Russo, Councilmember Barnett
19 and Councilmember Premuroso.
20 The following individuals commented on this agenda item: Jennifer Tighe. Land Design
21 South, Growth Management Administrator Kara Irwin, Senior Planner Stephen Mayer,
22 Senior Planner Richard Morrero.
23 PUBLIC COMMENT
24 Bill Morrell, 523 Tomahawk, Palm Beach Gardens; Brian LaMotte, 1907 Flower Drive,
25 Palm Beach Gardens; Carolyn Chaplik. 715 Hudson Bay Drive, Palm Beach Gardens; John
26 Chap lik, 715 Hudson Bay Drive, Palm Beach Gardens; John Pau 525 Tomahawk Court,
27 Palm Beach Gardens; Ron Lavoie, 1309 Sonoma Court, Palm Beach Gardens; Jim Keeley,
28 380 Columbus Street, Palm Beach Gardens.
29 Mayor Jablin closed the public hearing.
30 Vice Mayor Lew made a motion for approval of Ordinance 12, 2009 on first reading.
31 Councilmember Russo seconded.
32 Motion passed 5 -0.
33 Vice Mayor Lew made a motion for approval of Ordinance 13, 2009 on first reading.
34 Councilmember Russo seconded.
35 Motion passed 5 -0.
36 Vice Mayor Lew made a motion for approval of Ordinance 10, 2009 on first reading.
37 Councilmember Russo seconded.
38 Motion passed 5 -0.
39 The City Clerk read Ordinance 9, 2009 and Resolution 11, 2009 by title.
40 d. Ordinance 9, 2009 — (2nd reading and adoption) Gardens Medical Center. An
41 Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending
42 Ordinance 35, 2000, which approved the Palm Beach Gardens Medical Center Planned Unit
43 Development (PUD) in order to amend the conditional use approval, site plan approval, and
44 related conditions; providing that future amendments to the PUD may be made by Resolution
45 of the City Council; providing a conflicts clause, a severability clause, and authority to codify;
46 providing an effective date; and for other purposes.
47 Resolution 11, 2009 is a companion item to Ordinance 9, 2009 and will require council
48 action.
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02.19.09
I Resolution 11, 2009 — Gardens Medical Center. A Resolution of the City Council of the
2 City of Palm Beach Gardens, Florida amending the development plans for the Gardens
3 Medical Center Planned Unit Development (PUD), generally located on the Southeast corner
4 of Burns Road and Gardens East Drive, as more particularly described herein; providing
5 waivers; providing conditions of approval; providing an effective date; and for other purposes.
6 Mayor Jablin opened the public hearing and requested ex parte communication with none
7 declared.
8 PUBLIC COMMENT
9 Linda Quinlan, 3514 -A Gardens East Drive, Palm Beach Gardens; Donna Cannon 3518 -B
10 Gardens East Drive, Palm Beach Gardens.
11 Mayor Jablin closed the public hearing.
12 Vice Mayor Lew made a motion for approval of Ordinance 9, 2009.
13 Councilmember Russo seconded.
14 Motion passed 5 -0.
15 Vice Mayor Levv made a motion for approval of Resolution 11, 2009.
16 Councilmember Russo seconded.
17 Motion passed 5 -0.
18 The City Clerk read Resolution 19, 2009 by title.
19 e. Resolution 19, 2009 - Palm Beach Gardens Medical Center Master Signage Program.
20 A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a
21 Master Signage Program for the Palm Beach Gardens Medical Center Planned Unit
22 Development; providing seven sign waivers; providing conditions of approval; providing an
23 effective date; and for other purposes.
24 The following individuals commented on this agenda item: Anne Booth, Urban Design
25 Kilday Studios,
26 Mayor Jablin opened the public hearing and requested ex parte communication with none
27 declared.
28 Mayor Jablin closed the public hearing.
29 Vice Mayor Lew made a motion for approval of Resolution 19, 2009.
30 Councilmember Russo seconded.
31 Motion passed 5 -0.
32 The City Clerk read Resolution 19, 2009 by title.
33 Part II — Non- Ouasi- iudicial
34 The City Clerk read Ordinance 5, 2009 by title.
35 a. Ordinance 5, 2009 - (2nd reading and adoption) Boards and Committees. An
36 Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter
37 2, Administration at Article III, Boards and Committees in order to amend the composition of
38 the City's Boards and Committees and to revise the attendance policy and the appointment
39 procedures for same; providing that each and every other section and sub - section of Chapter
40 2, Administration shall remain the same as previously adopted; providing a conflicts clause, a
41 severability clause, and authority to codify; providing an effective date; and for other
42 purposes.
43 Mayor Jablin opened the public hearing.
44 Mayor Jablin closed the public hearing.
45 Vice Mayor Lew made a motion for approval of Ordinance 5, 2009 on second reading and
46 adoption with the removal of Section 11.
47 Councilmember Barnett seconded.
48 Motion passed 5 -0.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4
02.19.09
I X. RESOLUTIONS
2 The City Clerk read Resolution 21, 2009 by title.
3 a. Resolution 21. 2009 - Public Art by Tv Foose at Gardens Park. A Resolution of the
4 City Council of the City of Palm Beach Gardens, Florida approving public art by Ty Foose
5 through Advanced Recreational Concepts, Inc. to be installed at Gardens Park, and provide
6 funding from the art impact fund reserves in accordance with section 78 -261 of the Code of
7 Ordinances; providing an effective date; and for other purposes.
8 The following individuals commented on this agenda item: Mike Morrow, Construction
9 Services.
10 Vice Mavor Levy made a motion to table Resolution 21, 2009.
11 Councilmember Russo seconded.
12 Motion passed 5 -0.
13 XI. ORDINANCES (for Consideration on First Reading)
14 The City Clerk read Ordinance 5, 2009 by title.
15 a. Ordinance 6. 2009 — (1st reading) Business tag receiut. An Ordinance of the City
16 Council of the City of Palm Beach Gardens, Florida, amending Chapter 66, Taxation by
17 repealing Article II in its entirety and readopting a new Article II with a new title such that
18 Article II shall now be entitled "Business Tax and Registration" in order to comply with
19 Chapter 205, Florida Statutes; providing a conflicts clause, a severability clause and authority
20 to codify; providing an effective date; and for other purposes.
21 The following individuals commented on this agenda item: Kenthia White, Business
22 Services Coordinator.
23 PUBLIC COMMENT
24 Hal Valache, 128 Viera Drive, Palm Beach Gardens.
25 Vice Mayor Levy made a motion to table Ordinance 6, 2009.
26 Councilmember Barnett seconded.
27 Motion passed 5 -0.
28 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION
29 None.
30 XIII. CITY ATTORNEY REPORT
31 None.
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XIV, ADJOURNMENT
Vice Mayor Lew made a motion to adjourn.
Councilmember Barnett seconded.
Motion passed 5 -0.
The meeting adjourned at 11:06 p.m.
The next regularly scheduled City Council meeting
APPROVED:
ATTEST:
Patricia Snider, CMC
City Clerk
held March 5,
Robert G. Premuroso, Councilmember
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
02.19.09
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