HomeMy WebLinkAboutMinutes Council 030509I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
I MARCH 5, 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 III. ADDITIONS, DELETIONS, MODIFICATIONS
13 None.
14 IV. ANNOUNCEMENTS AND PRESENTATIONS
15 None.
16 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS
17 Vice Mayor David Levy attended a League of Cities board meeting where he discussed the
18 City Council's opposition to Senate Bill 360. The League of Cities voted unanimously to
19 oppose Senate Bill 360 and will review Senate Bill 630 next month.
20 Councilmember Barnett attended Ethics Panel discussion and suggested lobbyist
21 registration. Councilmember Russo suggested contacting Anne Gannon regarding the
22 program she uses. Councilmember Barnett stated her objection to the change to action
23 minutes. City Manager Ferris explained the reasons for the change and the plan for
24 bookmarking minutes in the future. Mayor Jablin and Councilmember Russo stated their
25 support.
26 Councilmember Russo reported on the Honda Classic, attending the Chamber of Commerce
27 Education meeting and thanked the residents for their support during the past four years.
28 Councilmember Premuroso no report.
29 Mayor Jablin attended Scripps opening, suggested discussing reestablishing the Economic
30 Development Advisory Board (EDAB) and asked that it be placed on the April 2, 2009
31 agenda.
32 VI. CITY MANAGER REPORT
33 City Manager Ferris stated Ram Realty Services and John Bills Properties, Inc., are in
34 violation of a condition of their development of approval regarding offsite mitigation
35 property. The letter gives 30 days for payment or the City will seek legal remedies to collect
36 and requested Interim City Attorney R. Max Lohman be authorized to pursue payment.
37 Vice Mayor Lew made a motion that City Manager Ferris send the letter and seek all legal
38 remedies necessary for collection.
39 Councilmember Barnett seconded.
40 Motion passed 5 -0.
41 VII. COMMENTS FROM THE PUBLIC
42 The following individuals commented to the Council: Carol Estrada, 309 Riverside Drive,
43 Palm Beach Gardens; Eileen Tucker. Shady Lakes, Palm Beach Gardens; Rick Warner, East
44 87th Trail W, Palm Beach Gardens; David Porter, 11 Kintyre Road, Palm Beach Gardens;
45 Raymond Katz, 703 Sun Terrace Court, Palm Beach Gardens; Lee Bickford, Cambia Road
46 W, Palm Beach Gardens; Steve Cohen, 10272 Heronwood Lane, West Palm Beach; Zenos
47 Frudakis. 2355 Mt. Carmel Avenue, Glenside, Pennsylvania; Tom Mushy, 319 Eagleton
48 Golf Drive, Palm Beach Gardens.
49 City Manager Ferris addressed comments on the dog park.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
03.05.09
I Councilmembers chose not to reconsider the placement of the John D. MacArthur statue.
2 VIII. CONSENT AGENDA
3 a. Resolution 14, 2009 - Fire Rescue Training Agreement.
4 Vice Mayor Lew made a motion for approval of the Consent Agenda.
5 Councilmember Barnett seconded.
6 Motion passed 5 -0.
7 IX. PUBLIC HEARINGS
8 Part I —Ouasi judicial
9 Mayor Jablin announced the procedures that would be followed in tonight's proceedings. The
10 City Clerk swore in all those intending to offer testimony.
11 The City Clerk read Ordinance 7, 2009 by title.
12 a. Ordinance 7. 2009 - (2nd reading and adoption) — Rezoning of the Northlake
13 Congress Commercial Center Property. An Ordinance of the City Council of the City of
14 Palm Beach Gardens, Florida rezoning a certain parcel of real property comprising
15 approximately one and 37/100 (1.37) acres, more or less, in size; such parcel being located on
16 the North side of Northlake Boulevard approximately one mile East of I -95 at the intersection
17 of Northlake Boulevard and Congress Avenue, informally known as the Northlake Congress
18 Commercial Center, as more particularly described herein, from Residential Medium (RM) to
19 Commercial General (CG1) zoning district; revising the City zoning district map accordingly;
20 providing a conflicts clause, a severability clause, and authority to codify; providing an
21 effective date; and for other purposes.
22 Mayor Jablin opened the public hearing and requested ex parte communication with none
23 declared.
24 Growth Management Administrator Irwin stated there are no changes from first reading.
25 Mayor Jablin closed the public hearing.
26 Vice Mayor Lew made a motion for adoption of Ordinance 7, 2009 on second reading.
27 Councilmember Barnett seconded.
28 Motion passed 5 -0.
29 The City Clerk read Ordinance 8, 2009 by title.
30 b. Ordinance 8, 2009 — (2nd reading and adoption) - Rezoning of the Loxahatchee
31 Slough Properties. An Ordinance of the City Council of the City of Palm Beach Gardens,
32 Florida rezoning fourteen (14) parcels of real property comprising approximately two
33 thousand twenty -four (2,024) acres, more or less, in size; such parcels of land are located
34 within the Loxahatchee Slough and Sandhill Crane Natural Areas which include three
35 locations generally located West of the Florida Turnpike and/or North of Northlake
36 Boulevard, as more particularly described herein, from Planned Development Area (PDA) to
37 Conservation (CONS) zoning district; the City zoning district map shall be revised
38 accordingly; providing a conflicts clause, a severability clause, and authority to codify;
39 providing an effective date; and for other purposes.
40 Mayor Jablin opened the public hearing and requested ex parte communication with none
41 declared.
42 The following individuals commented on this agenda item: Growth Management
43 Administrator Irwin.
44 Mayor Jablin closed the public hearing.
45 Vice Mayor Lew made a motion for adoption of Ordinance 8, 2009 on second reading.
46 Councilmember Russo seconded.
47 Motion passed 5 -0.
48 Part II — Non- Ounsi- iudicial
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The City Clerk read Ordinance 4, 2009 by title.
a. Ordinance 4. 2009 — (2nd reading and adoption) — Red Light Intersection Cameras.
An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending
Chapter 70, Traffic and Vehicles by adopting an entirely new Article VI to be entitled
"Dangerous Intersection Safety"; providing for recorded -image monitoring, definitions, an
introductory period, review of recorded images, notices, hearing, non - responsibility
provisions, enforcement, and penalties related to a violation of this article, also known as a
"Red -Zone Infraction "; providing a conflicts clause, a severability clause, and authority to
codify; providing an effective date; and for other purposes.
Mayor Jablin opened the public hearing.
The following individuals commented on this agenda item: Chief of Police Stephen Stepp.
Bill Sabine, 3827 Begonia Street, Palm Beach Gardens; Rita Whalen, 5218 Woodruff Lane,
Palm Beach Gardens; Sandford Pearl, 9968 Dahlia, Palm Beach Gardens; Howard
Schweitzer, 79 Dunbar Road E, Palm Beach Gardens; Tom Murphy, 319 Eagleton Golf
Drive, Palm Beach Gardens; Sharon Long, 4267 Linden Avenue, Palm Beach Gardens.
Mayor Jablin closed the public hearing.
Vice or Lew made a motion for adoption of Ordinance 4, 2009 on second reading.
Councilmember Barnett seconded the motion.
Motion passed 5 -0.
The City Clerk read Ordinance 11, 2009 by title.
b. Ordinance 11.2009 — (2nd reading and adoption) — Studio uses in MIA Light Industrial
District. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
amending Chapter 78, Land Development at Section 78 -159 entitled "Permitted Uses, Minor,
and Major Conditional Uses, and Prohibited Uses" in order to provide for studio uses as
Minor Conditional Uses within the M -lA Light Industrial District; providing that each and
every other Section and Sub - section of Chapter 78, Land Development shall remain the same
as previously adopted; providing a conflicts clause, a severability clause, and authority to
codify; providing an effective date; and for other purposes.
The following individuals commented on this agenda item: Growth Management
Administrator Irwin.
Mayor Jablin opened the public hearing.
Mayor Jablin closed the public hearing.
Vice Mayor Levy made a motion for adoption of Ordinance 11, 2009 on second reading.
Councilmember Barnett seconded.
Motion passed 5 -0.
X, RESOLUTIONS
The City Clerk read Resolution 23, 2009 by title.
a. Resolution 23, 2009 - Mutual Aid Agreement with the City of West Palm Beach. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a
Mutual Aid Interlocal Agreement for Fire- Rescue Assistance between the City of Palm Beach
Gardens and the City of West Palm Beach; authorizing the Mayor to execute the agreement;
providing an effective date; and for other purposes.
The following individuals commented on this agenda item: Fire Chief Bergel.
Mayor Jablin opened the public hearing.
Mayor Jablin closed the public hearing.
Vice Mayor Lew made a motion for approval of Resolution 23, 2009.
Councilmember Barnett seconded.
Motion passed 5 -0.
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Councilmembers authorized Mayor Jablin to send a letter regarding the condition of the
Motor Vehicle Bureau located on PGA Boulevard.
XI. ORDINANCES (for Consideration on First Reading)
None.
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION
None.
XIII. CITY ATTORNEY REPORT
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 8:47 p.m.
The next regularly scheduled City Council meeting will be held March 19, 2009.
APPROVED:
ATTEST:
Patricia Snider, CMC
City Clerk
Jody B tt, Councilmember
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
03.05.09
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