HomeMy WebLinkAboutMinutes Council 1207171 CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 December 7, 2017
5
6 The regular meeting was called to order at 6:03 p.m. by Mayor Marino.
7 I. PLEDGE OF ALLEGIANCE
8 II. ROLL CALL
9 PRESENT: Mayor Marino , Vice Mayor Marciano, Councilmember Woods, Councilmember
10 Lane, Councilmember Litt.
11 ABSENT: None.
12 III. ADDITIONS, DELETIONS, MODIFICATIONS
13 IV. ANNOUNCEMENTS AND PRESENTATIONS
14 a. HONDA CLASSIC COMMUNITY IMPACT PRESENTATION.
15 b. ST. MARKS CHURCH, INC . -CONDUIT DEBT OBLIGATION -BOND ACQUISITION -
16 PRESENTATION BY SKIP MILLER, ESQ., GREENSPOONMARDER.
17 c. LEASE AGREEMENT FOR DISTRICT PARK
18 d. DESIGN BUILD OF PUBLIC SERVICES OPERATIONS CENTER
19 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS
20 Councilmember Rachelle Litt: Attended the Palm Beach North Chamber of Commerce
21 Government Affairs Committee Meeting; Veterans Day Ceremony in Veterans Plaza; North
22 Palm Beach Veterans Day Ceremony; Forum Club Event; BizPac with Palm Beach County
23 School Board Superintendent Robert A vossa; Palm Beach North Chamber of Commerce
24 Breakfast; North Palm Beach Chambers Joint Meeting of the Economic Development
25 Committee and Government Affairs; Leadership Palm Beach County Breakfast; Palm Beach
26 Gardens Holiday Bazaar; Tree Lighting at Burns Road Community Center.
27 Councilmember Matthew Lane:. Wished everyone a Merry Christmas and Happy Hanukkah;
28 Attended Chamber of Commerce Government Affairs Meeting; Duncan Middle School Veterans
29 Day Program; Voice for Veterans Picnic; Palm Beach North Chamber of Commerce Breakfast;
30 Downtown at the Gardens Holiday Kickoff; Joint Chamber of Commerce Economic
31 Development Committee; BizPac meeting with Palm Beach County School Board
32 Superintendent Robert A vossa ; Tree Lighting at Burns Road Community Center; Meetings with
33 constituents.
34 Councilmember Carl Woods: Wished everyone a Merry Christmas.
35 Vice Mayor Mark Marciano: Attended the Pier Point Financial Open House; Tree Lighting at
36 Burns Road Community Center; Toured FPL Facility; Palm Beach Gardens Holiday Bazaar;
3 7 Reported his family had a wonderful Thanksgiving vacation; Recognized Tom Murphy for his
38 write up in the Fairway Living Magazine regarding Mayor Marino and her involvement in the
39 Metropolitan Planning Organization, League of Cities ,. and learning how other cities are
40 handling traffic concerns and growth.
41 Mayor Maria Marino: Recognized Police Chief Steven Stepped for accompanying her to the
42 the Osprey Isles HOA meeting; Attended the Palm Beach North Government Affairs Committee
43 Meeting; Veterans Day Ceremony in Veterans Plaza; Palm Beach Gardens and Palm Beach
44 County Joint Meeting for the District Park; National League of Cities Annual Conference in
45 Charlotte, North Carolina; Metropolitan Planning Organization Tri Rail Subcommittee Meeting;
46 North Palm Beach Chambers Joint Meeting of the Economic Development Committee and
4 7 Government Affairs; Leadership Palm Beach County Breakfast; Palm Beach County League of
48 Cities Tri-Cities Barbecue; Business Development Board Reception; Business Development
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
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1 Board Workforce Analysis Launch; Palm Beach County Cares; We are Dwyer Annual
2 Fundraiser; Lesser and Lesser and Landy 901h year anniversary celebration; Ballenisles members
3 meeting; Bayhill Estates Annual HOA meeting regarding annexation; Cotleur and Hearing
4 Grand Re-Opening; Palm Beach Gardens Holiday Bazaar; Met with North Palm Beach Council
5 Member David Norris; Hosted Girl Scout Troop in City Council Chambers; Served as a judge in
6 the Annual Boat Parade; BizPac meeting with Palm Beach County School Board Superintendent
7 Robert A vossa; Announced an article published in the International Transportation Engineers
8 Magazine regarding mobility.
9 VI. COMM ENT S FROM THE PUBL IC
10 Pa ul a Ma gnu son, 3167 Gardens East Drive, Palm Beach Gardens;
11 VII. CIT Y MANAGER REPORT
12 None.
13 VIII. CO NSENT A GENDA
14 Councilm e mb er L ane requested that Items C and F be pulled from consent.
15 a. APPROVE MINUTES FROM NOVEMBER 2, 2017 CITY COUNCIL WORKSHOP
16 MEETING.
17 b. APPROVE MINUTES FROM NOVEMBER 2, 2017 CITY COUNCIL MEETING.
18 d. RESOLUTION 76, 2017 -ANCIENT TREE PLAT. A RESOLUTION OF THE CITY
19 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE
20 ANCIENT TREE PLAT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
21 PURPOSES.
22 e. RESOLUTION 78, 2017 -PLAT FOR ALTON PARCEL G. A RESOLUTION OF THE
23 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING
24 THE PLAT FOR ARTISTRY WITHIN ALTON PLANNED COMMUNITY DEVELOPMENT
25 (PCD); PROVIDING AN EFFECTIVE DA TE; AND FOR OTHER PURPOSES.
26 g. RESOLUTION 80, 2017 -EASEMENT DEED IN FAVOR OF SEACOAST UTILITY. A
27 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
28 FLORIDA, GRANTING A NON-EXCLUSIVE EASEMENT TO SEACOAST UTILITY
29 AUTHORITY FOR THE INSTALLATION, OPERATION, MAINTENANCE, AND SERVICE
30 OF WATER AND SEWER FACILITIES; AUTHORIZING THE MAYOR TO EXECUTE THE
31 EASEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
32 h. RESOLUTION 81, 2017 -CHILDREN'S HEALTHCARE CHARITIES. A RESOLUTION
33 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA,
34 AW ARD ING A PUBLIC SAFETY GRANT FOR POLICE AND FIRE PERSONNEL TO THE
35 CHILDREN'S HEALTHCARE CHARITY, INC. FOR THE 2018 HONDA CLASSIC PGA
36 GOLF TOURNAMENT AND TO APPROVE A LEASE USE AGREEMENT TO USE THE
37 MIRASOL AND PGA NATIONAL PARKS FOR VARIOUS PARKING.FACILITIES AND
38 GENERAL OPERATIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
39 PURPOSES.
40 i. RESOLUTION 84, 2017 -AUTHORIZING THE CITY MANAGER TO ALIENATE A 20'
41 X 80' PARCEL. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
42 BEACH GARDENS, FLORIDA, AUTHORIZING THE SALE OF THAT CERTAIN 20' BY
43 80' PARCEL OF LAND BY QUIT-CLAIM DEED AND THE RETENTION OF A UTILITY
44 EASEMENT FOR THE BENEFIT OF THE CITY AND THE SEACOAST UTILITY
45 AUTHORITY; SUCH PARCEL BEING GENERALLY LOCATED AT 8511 40TH TERRACE
46 NORTH; FURTHER AUTHORIZING THE CITY MANAGER .TO EXECUTE ANY AND
47 ALL DOCUMENTS AND/OR INSTRUMENTS DEEMED NECESSARY AND PRUDENT
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1 TO EFFECTUATE THIS TRANSACTION; PROVIDING AN EFFECTIVE DATE; AND FOR
2 OTHER PURPOSES.
3 k. PURCHASE AWARD -PORTABLE TRUCK LIFTS FOR FLEET DIVISION.
4 l. PURCHASE AW ARD -BLEACHER COVERS FOR NORTHSIDE OF GARDENS PARK.
5 m. PURCHASE AW ARD -TRACK.MAN SIMULA TOR FOR GOLF TRAINING CENTER.
6 Councilmember Lane made a motion for approval of the Consent Agenda without Item C and
7 Item F.
8 Councilmember Litt seconded.
9 Motion passed 5-0.
10 The City Clerk read Resolution 54, 2017 by title.
11 c. RESOLUTION 54, 2017 -LEASE AGREEMENT FOR DISTRICT PARK. A
12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
13 FLORIDA, APPROVING AN INTERLOCAL LEASE AGREEMENT BETWEEN PALM
14 BEACH COUNTY AND THE CITY OF PALM BEACH GARDENS FOR THE DISTRICT
15 PARK PROPERTY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
16 Mayor Marino brought item back for discussion. -Discussion ensued.
17 Councilmember Litt made a motion to approve Resolution 54, 2017.
18 Vice Mayor Marciano seconded.
19 Motion passed 4-1.
20 Councilmember Lane opposed.
21 The City Clerk read Resolution 79, 2017 by title.
22 f. RESOLUTION 79 , 2017 -DESIGN BUILD OF PUBLIC SERVICES OPERATIONS
23 CENTER. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
24 GARDENS, FLORIDA AWARDING A CONTRACT TO AHRENS COMPANIES FOR THE
25 DESIGN BUILD OF THE PUBLIC SERVICES OPERATIONS CENTER; AUTHORIZING
26 THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO
27 EFFECTUATE SUCH DESIGN BUILD CONTRACT; PROVIDING AN EFFECTIVE DATE;
28 AND FOR OTHER PURPOSES
29 Mayor Marino brought item back for discussion. -Discussion ensued.
30 Councilmember Litt made a motion to approve Resolution 79, 2017.
31 Councilmember Woods seconded.
32 Motion passed 5-0.
33 Councilmember Lane made a motion to reconsider the entire Consent Agenda.
34 Vice Mayor Marciano seconded.
35 Motion passed 5-0.
36 Councilmember Lane made a motion for approval of the Consent Agenda without Item J.
37 Vice Mayor Marciano seconded.
38 Motion passed 5-0.
39 J. PURCHASE AW ARD -RENEW AL OF AGREEMENT FOR MISCELLANEOUS PUBLIC
40 WORKS PROJECTS.
41 Staff Presentation: Km!Ra, Purchasing and Contractor Director
42 Mayor Marino brought item back for discussion. -Discussion ensued.
43 Councilmember Lane made a motion for approval of Purchase Award -Renewal of Agreement
44 for Miscellaneous Public Works Projects.
45 Vice Mayor Marciano seconded.
46 Motion passed 5-0.
47 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing)
48 Those preparing to give testimony were sworn in.
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1 The City Clerk read Ordinance 20, 2017 by title.
2 a . ORDINANCE 20, 2017 -(2ND READING AND ADOPTION) AMENDING CHAPTER 62
3 OF THE LAND DEVELOPMENT REGULATIONS FOR WIRELESS FACILITIES. AN
4 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
5 FLORIDA, AMENDING CHAPTER 62 OF THE CITY'S CODE OF ORDINANCES TO
6 PROVIDE FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES OR MICRO
7 WIRELESS FACILITIES ON EXISTING UTILITY POLES OR THE INSTALLATION OF
8 NEW UTILITY POLES TO SUPPORT THE COLLOCATION OF SMALL WIRELESS
9 FACILITIES OR MICRO WIRELESS FACILITIES IN CITY-OWNED RIGHTS-OF-WAY
10 AND AMENDING THE DEFINITIONS TO BE CONSISTENT WITH SECTION 337.401 ,
11 FLORIDA STATUTES; PROVIDING FOR A CONFLICTS CLAUSE, A SEVERABILITY
12 CLAUSE, AND AUTHORITY TO CODIFY ; PROVIDING AN EFFECTIVE DATE; AND
13 FOR OTHER PURPOSES.
14 Mayor Marino opened the Public Hearing.
15 Petitioner: None.
16 Staff presentation: No changes since first reading.
17 Public comment: Scott Gustafson, 19316 Country Club Drive, Tequesta.
18 Mayor Marino closed the Public Hearing.
19 Mayor Marino brought item back for discussion. -Discussion ensued.
20 Councilmember Lane made a motion to approve Ordinance 20, 2017 on second reading and
21 adoption.
22 Vice Mayor Marciano seconded .
23 Motion passed 5-0.
24 The City Clerk read Resolution 77 , 2017 by title.
25 b. *RESOLUTION 77 , 2017 -ART IN PUBLIC PLACES. A RESOLUTION OF THE CITY
26 COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA APPROVING ART IN
27 PUBLIC PLACES FOR THE CLARITY POINTE ASSISTED LIVING FACILITY WITHIN
28 THE ALTON PLANNED COMMUNITY DEVELOPMENT (PCD), AS MORE
29 PARTICULARLY DESCRIBED HEREIN ; PROVIDING CONDITIONS OF APPROVAL;
30 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
31 Mayor Marino opened the Public Hearing.
32 Mayor Marino asked for any exparte.
33 None.
34 Petitioner: Kathyrn DeWitt, Cotleur and Hearing.
35 Staff presentation: Staff recommends approval of Resolution 77 , 2017.
36 Public comment: None
37 Mayor Marino closed the Public Hearing.
38 Mayor Marino brought item back for discussion. -Discussion ensued.
39 Councilmember Litt made a motion to approve Resolution 77, 2017 .
40 Councilmember Lane seconded.
41 Motion passed 5-0.
42 The City Clerk read Resolution 83 , 2017 by title.
43 c . RESOLUTION 83, 2017 --CONDUIT DEBT OBLIGATION -BOND ACQUISITION. A
44 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
45 FLORIDA, AUTHORIZING THE ISSUANCE OF A DEBT OBLIGATION OF THE CITY IN
46 THE AMOUNT NOT TO EXCEED $10,500 ,000 (THE "DEBT OBLIGATION"), THE
47 PROCEEDS OF WHICH WILL BE LOANED TO ST . MARK 'S CHURCH , INC. (THE
48 "BORROWER") AND USED BY THE BORROWER FOR THE PURPOSES OF (i)
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1 REFINANCING CERTAIN OUTSTANDING INDEBTEDNESS OF THE BORROWER
2 INCURRED IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION, AND
3 EQUIPPING OF FACILITIES FOR THE BORROWER'S PRE-KINDERGARTEN TO
4 GRADE 8 SCHOOL LOCATED AT 3395 BURNS ROAD, PALM BEACH GARDENS,
5 FLORIDA 33410 (THE "FACILITY"), (ii) MAKING CERTAIN CAPITAL IMPROVEMENTS
6 TO THE FACILITY, AND (iii) PAYING CERTAIN COSTS OF ISSUANCE OF THE DEBT
7 OBLIGATION; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF
8 A LOAN AGREEMENT; AW ARD ING THE DEBT OBLIGATION BY A NEGOTIATED
9 SALE; APPROVING THE ISSUANCE OF THE DEBT OBLIGATION FOR PURPOSES OF
10 SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED ;
11 AUTHORIZING CERTAIN OFFICIALS AND EMPLOYEES OF THE CITY TO TAKE ALL
12 ACTIONS REQUIRED IN CONNECTION WITH THE ISSUANCE OF THE DEBT
13 OBLIGATION; AND MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN
14 CONNECTION WITH THE ISSUANCE OF THE DEBT OBLIGATION; PROVIDING AN
15 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
16 Mayor Marino opened the Public Hearing.
17 Petitioner: Skip Miller, GreenspoonMarder.
18 Staff presentation: None.
19 Public comment: None
20 Mayor Marino closed the Public Hearing.
21 Mayor Marino brought item back for discussion. -Discussion ensued.
22 Vice Mayor Marciano made a motion to approve Resolution 83, 2017 .
23 Councilmember Lane seconded.
24 Motion passed 5-0.
25 The City Clerk read Ordinance 21 , 2017 by title.
26 d. ORDINANCE 21, 2017 -(2ND READING AND ADOPTION) AMEND PGA CORRIDOR
27 CHART OF USES. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
28 BEACH GARDENS, FLORIDA, AMENDING CHAPTER 78. LAND DEVELOPMENT. AT
29 SECTION 78-159 . PERMITTED USES, MINOR AND MAJOR CONDITIONAL USES, AND
30 PROHIBITED USES. BY AMENDING TABLE 21 : PERMITTED , CONDITIONAL, AND
31 PROHIBITED USE CHART, TO ADD ELECTRIC AUTOMOBILE SHOWROOM;
32 FURTHER AMENDING CHAPTER 78. AT SECTION 78-221 PGA BOULEVARD
33 CORRIDOR OVERLAY BY REPEALING SUBSECTION (d) AND READOPTING SAME,
34 AS REVISED; FURTHER AMENDING CHAPTER 78 . AT SECTION 78-751 TO ADOPT
35 NEW DEFINITIONS "ELECTRIC AUTOMOBILE SHOWROOM", "ELECTRIC
36 AUTOMOBILE", AND "HYBRID AUTOMOBILE"; PROVIDING THAT EACH AND
37 EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND
38 DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY
39 ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
40 AUTHORITY TO CODIFY ; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
41 PURPOSES.
42 Mayor Marino opened the Public Hearing.
43 Petitioner: Jennifer Morton, JMorton Planning & Landscape Architecture.
44 Staff presentation: No changes since first reading.
45 Public comment: None.
46 Mayor Marino closed the Public Hearing.
47 Mayor Marino brought item back for discussion. -No discussion.
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1 Councilmember Lane made a motion to approve Ordinance 21 , 2017 on second reading and
2 adoption .
3 Councilmember Litt seconded.
4 Motion passed 5-0.
5 RESOLUTION 74, 2017 IS A COMPANION ITEM TO ORDINANCE 21, 2017 AND WILL
6 REQUIRE COUNCIL ACTION.
7 The City Clerk read Resolution 74, 2017 by title.
8 *RESOLUTION 74, 2017 -MAJOR CONDITIONAL USE APPROVAL. A RESOLUTION
9 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA,
10 GRANTING APPROVAL OF A MAJOR CONDITIONAL USE TO ALLOW AN ELECTRIC
11 AUTOMOBILE SHOWROOM USE WITHIN THE GARDENS MALL; THE SUBJECT SITE
12 IS GENERALLY LOCATED NORTH OF PGA BOULEVARD, EAST OF FAIRCHILD
13 GARDENS AVENUE, SOUTH OF GARDENS PARKWAY, AND WEST OF KEW
14 GARDENS AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN ; PROVIDING
15 CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DA TE; AND FOR OTHER
16 PURPOSES.
17 Mayor Marino opened the Public Hearing.
18 Mayor Marino asked for any exparte.
19 Mayor Marino spoke with City staff and representatives from the Gardens Mall.
20 Petitioner: Jennifer Morton, JMorton Planning & Landscape Architecture.
21 Staff presentation: Staff recommends approval of Resolution 74 , 2017.
22 Public comment: None.
23 Mayor Marino closed the Public Hearing.
24 Mayor Marino brought item back for discussion. -Discussion ensued.
25 Councilmember Lane made a motion to approve Resolution 74, 2017.
26 Councilmember Woods seconded.
27 Motion passed 5-0.
28 The City Clerk read Ordinance 30 , 2017 by title.
29 e . ORDINANCE 30, 2017 -(I51 READING) SMALL-SCALE COMPREHENSIVE MAP
30 AMENDMENT FOR THE FLEET OPERATIONS BUILDING . AN ORDINANCE OF THE
31 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ADOPTING A
32 SMALL-SCALE AMENDMENT TO ITS COMPREHENSIVE PLAN FUTURE LAND USE
33 MAP IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163,
34 FLORIDA STATUTES, SPECIFICALLY SECTION 163.3184, ET SEQ., FLORIDA
35 STATUTES, PURSUANT TO APPLICATION NO. CPSS-17-10-000007 THAT PROVIDES
36 FOR AN AMENDMENT TO THE CITY'S FUTURE LAND USE MAP BY DESIGN A TING
37 ONE (1 ) PARCEL OF REAL PROPERTY COMPRISING APPROXIMATELY 2.07 ACRES
38 IN SIZE, MORE OR LESS, AS "(I) INDUSTRIAL"; SUCH PARCEL BEING LOCATED
39 GENERALLY AT THE SOUTHWEST CORNER OF BURNS ROAD AND IRONWOOD
40 ROAD; PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER
41 163 , FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO THE FLORIDA
42 DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO); PROVIDING THAT THE
43 FUTURE LAND USE MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED
44 ACCORDINGLY ; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE,
45 AND AUTHORITY TO CODIFY ; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
46 PURPOSES.
47 Mayor Marino opened the Public Hearing .
48 Petitioner: None .
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1 Staff presentation: Planner, Martin Fitts.
2 Public comment: None.
3 Mayor Marino closed the Public Hearing.
4 Mayor Marino brought item back for discussion. -Discussion ensued.
5 Councilmember Lane made a motion to approve Ordinance 30, 2017 on first reading.
6 Vice Mayor Marciano seconded.
7 Motion passed 5-0.
8 The City Clerk read Ordinance 31 , 2017 by title.
9 f . *ORDINANCE 31 , 2017 -(l sr READING) REZONING REQUEST FOR THE FLEET
10 OPERATIONS BUILDING. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
11 PALM BEACH GARDENS, FLORIDA, REZONING CERTAIN REAL PROPERTY WITHIN
12 THE CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING
13 OF ONE PARCEL OF REAL PROPERTY TOTALING 2.07 ACRES IN SIZE, MORE OR
14 LESS, AND LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION AT
15 BURNS ROAD AND IRONWOOD ROAD; PROVIDING THAT THIS PARCEL OF REAL
16 PROPERTY, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN, SHALL BE
17 ASSIGNED THE CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT
18 (PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF LIGHT
19 INDUSTRIAL {M-lA); PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM
20 BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS
21 CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
22 EFFECTIVE DA TE; AND FOR OTHER PURPOSES .
23 Mayor Marino opened the Public Hearing.
24 Mayor Marino asked for any exparte.
25 None.
26 Petitioner: None.
27 Staff presentation: Planner, Martin Fitts.
28 Public comment: None.
29 Mayor Marino closed the Public Hearing.
30 Mayor Marino brought item back for discussion. -Discussion ensued.
31 Cou ncilmem her Lane made a motion to approve Ordinance 31 , 2017 on first reading.
32 Councilmember Litt seconded.
33 Motion passed 5-0.
34 The City Clerk read Ordinance 24, 2017 by title.
35 g. ORDINANCE 24, 2017 -(lsr READING) MUNICIPAL ANNEXATION OF
36 UNINCORPORATED REAL PROPERTY. AN ORDINANCE OF THE CITY COUNCIL OF
37 THE CITY OF PALM BEACH GARDENS, FLORIDA, ANNEXING A CONTIGUOUS AND
38 COMPACT AREA OF UNINCORPORATED REAL PROPERTY COMPRISING A TOTAL
39 OF 1,371 ACRES, MORE OR LESS, COMMONLY KNOWN AS "BAY HILL ESTATES,
40 THE PRESERVE AT BAY HILL ESTATES, AND RUSTIC LAKES " IN ACCORDANCE
41 WITH SECTION 171.0413, FLORIDA STATUTES, SUCH PARCELS BEING GENERALLY
42 LOCATED ON THE SOUTH SIDE OF NORTHLAKE BOULEY ARD AND ADJACENT TO
43 THE IBIS GOLF AND COUNTRY CLUB, AS MORE PARTICULARLY DESCRIBED
44 HEREIN ; AMENDING ARTICLE II OF THE CITY CHARTER TO REDEFINE THE
45 CORPORATE LIMITS PURSUANT TO INVOLUNTARY ANNEXATION; CALLING A
46 REFERENDUM ON THE QUESTION OF ANNEXATION FOR THE REGISTERED
47 ELECTORS WITHIN THE PROPERTY PROPOSED FOR ANNEXATION; PROVIDING
48 FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF STATE, THE FLORIDA
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1 GOVERNOR 'S OFFICE, AND PALM BEACH COUNTY; PROVIDING A CONFLICTS
2 CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
3 EFFECTIVE DA TE; AND FOR OTHER PURPOSES .
4 Mayor Marino opened the Public Hearing.
5 Petitioner: None.
6 Staff presentation: Planner, Martin Fitts.
7 Public comment: None.
8 Mayor Marino closed the Public Hearing.
9 Mayor Marino brought item back for discussion. -Discussion ensued.
10 Councilmember Lane made a motion to approve Ordinance 24, 2017 on first reading.
11 Councilmember Woods seconded.
12 Motion passed 5-0.
13 The City Clerk read Ordinance 26, 2017 by title.
14 h. ORDINANCE 26, 2017 -(lsT READING) CHARTER LANGUAGE REVISIONS. AN
15 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
16 FLORIDA, ADOPTED IN ACCORDANCE WITH SECTIONS 101.161 AND 166.031,
17 FLORIDA STATUTES, CALLING FOR A REFERENDUM TO BE HELD ON MARCH 13,
18 2018, PROPOSING TO THE ELECTORATE OF THE CITY THAT THE CITY CHARTER
19 BE AMENDED AND REORGANIZED IN ORDER TO ADOPT AND IMPLEMENT THE
20 RECOMMENDATIONS OF THE CITIZEN CHARTER REVIEW COMMITTEE;
21 PROVIDING FOR SUBMISSION OF THE PROPOSED BALLOT QUESTION TO THE
22 ELECTORS OF THE CITY; SETTING FORTH THE FORM OF THE QUESTION TO BE
23 VOTED UPON AT SUCH ELECTION; PROVIDING A CONFLICTS CLAUSE, A
24 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
25 DATE; AND FOR OTHER PURPOSES.
26 Mayor Marino opened the Public Hearing.
27 Petitioner: None.
28 Staff presentation: City Attorney R. Max Lohman.
29 Public comment: Bernie Ellison, 116 Monterey Pointe Drive, Palm Beach Gardens; Robyn
30 Rosenblatt, 13378 Deauville Drive, Palm Beach Gardens; Sidney Dinerstein , 15 St. George
31 Place, Palm Beach Gardens; Jane Feinstein , 3666 Toulouse Drive, Palm Beach Gardens;
32 Sandra Constantine, 49 St. George Place, Palm Beach Gardens; Fradelle Schefren, 13292
33 Verdun Drive , Palm Beach Gardens; John Cigusis , 603 Sabal Palm Lane, Palm Beach Gardens;
34 Fred Scheibl, 1029 Siena Oaks Circle W ., Palm Beach Gardens; Iris Scheib I, 1029 Siena Oaks
35 Circle W., Palm Beach Gardens. David Parks, 11658 Ficus Street, Palm Beach Gardens; Mel
36 Grossman , 21000 Portofino Circle, Palm Beach Gardens; Austin Sekel, 1502 The Pointe Drive,
37 West Palm Beach; Rick Sartory, 10203 Siena Oaks Circle S., Palm Beach Gardens; Debra
38 Lerman , 2 Carlisle Court, Palm Beach Gardens; Carol Roberts , 3620 Gardens Parkway, Palm
39 Beach Gardens; Ed. Slotwick, 1034 Grand Isle, Palm Beach Gardens;
40 Mayor Marino closed the Public Hearing.
41 Mayor Marino brought item back for discussion. -Discussion ensued.
42 Vice Mayor Marciano made a motion to approve Ordinance 26, 2017 on first reading.
43 Councilmember Litt seconded.
44 Motion passed 4-1.
45 Councilmember Lane opposed.
46 The City Clerk read Ordinance 27, 2017 by title.
47 i. ORDINANCE 27, 2017 -(1 ST READING) TERM LIMITS. AN ORDINANCE OF THE
48 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ADOPTED IN
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1 ACCORDANCE WITH SECTIONS 101.161 AND 166.031, FLORIDA STATUTES, CALLING
2 FOR A REFERENDUM TO BE HELD ON MARCH 13 , 2018, PROPOSING TO THE
3 ELECTORATE OF THE CITY THAT THE CITY CHARTER BE AMENDED AT SECTION
4 4-1. TO CHANGE THE EXISTING CITY COUNCIL TERM LIMITS FROM TWO (2)
5 CONSECUTIVE FULL TERMS TO THREE (3) CONSECUTIVE FULL TERMS;
6 PROVIDING THAT THE REMAINDER OF THE CHARTER, AS MAY BE AMENDED BY
7 THE ELECTORATE, SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY
8 ENACTED; PROVIDING FOR SUBMISSION OF THE PROPOSED BALLOT QUESTION
9 TO THE ELECTORS OF THE CITY; SETTING FORTH THE FORM OF THE QUESTION
10 TO BE VOTED UPON AT SUCH ELECTION; PROVIDING A CONFLICTS CLAUSE, A
11 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
12 DATE; AND FOR OTHER PURPOSES.
13 Mayor Marino opened the Public Hearing.
14 Petitioner: None.
15 Staff presentation: City Attorney R. Max Lohman.
16 Public comment: Please see public comment section for Ordinance 26, 2017.
17 Mayor Marino closed the Public Hearing.
18 Mayor Marino brought item back for discussion. -Discussion ensued.
19 Vice Mayor Marciano made a motion to approve Ordinance 27, 2017 on first reading.
20 Councilmember Litt seconded.
21 Motion passed 4-1.
22 Councilmember Lane opposed .
23 The City Clerk read Ordinance 28, 2017 by title.
24 j. ORDINANCE 28, 2017 -(1 ST READING) ELIGIBILITY TO SEEK ELECTION. AN
25 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
26 FLORIDA, ADOPTED IN ACCORDANCE WITH SECTIONS 101.161 AND 166.031,
27 FLORIDA STATUTES, CALLING FOR A REFERENDUM TO BE HELD ON MARCH 13,
28 2018, PROPOSING TO THE ELECTORATE OF THE CITY THAT THE CITY CHARTER
29 BE AMENDED AT SECTION 4-1. TO PROVIDE THAT ANY COUNCIL MEMBER WHO
30 HAS LEFT OFFICE DUE TO TERM LIMITS MAY NOT BE RE-ELECTED FOR A PERIOD
31 OF THREE (3) YEARS; PROVIDING THAT THE REMAINDER OF THE CHARTER, AS
32 MAY BE AMENDED BY THE ELECTORATE, SHALL REMAIN IN FULL FORCE AND
33 EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR SUBMISSION OF THE
34 PROPOSED BALLOT QUESTION TO THE ELECTORS OF THE CITY; SETTING FORTH
35 THE FORM OF THE QUESTION TO BE VOTED UPON AT SUCH ELECTION;
36 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY
37 TO CODIFY; PROVIDING AN EFFECTIVE DA TE; AND FOR OTHER PURPOSES.
38 Mayor Marino opened the Public Hearing.
39 Petitioner: None.
40 Staff presentation : City Attorney R. Max Lohman .
41 Public comment: Please see public comment section for Ordinance 26, 2017.
42 Mayor Marino closed the Public Hearing.
43 Councilmember Litt made a motion to postpone Ordinance 28, 2017 to Thursday, December
44 21, 2017 at 7 :00 p.m. and directed the City Attorney to draft language as directed thus far and
45 bring back an ordinance amended in that manner.
46 Councilmember Woods seconded.
4 7 Motion passed 4-1.
48 Councilmember Lane opposed.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
12-07-17
PAGE 9
1 The City Clerk read Ordinance 29, 2017 by title.
2 k . ORDINANCE 29 , 2017 -(lsT READING) ESTABLISHING PLURALITY VOTE. AN
3 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
4 FLORIDA, ADOPTED IN ACCORDANCE WITH SECTIONS 101.161 AND 166.031 ,
5 FLORIDA STATUTES, CALLING FOR A REFERENDUM TO BE HELD ON MARCH 13,
6 2018, PROPOSING TO THE ELECTORATE OF THE CITY THAT THE CITY CHARTER
7 BE AMENDED AT SECTION 4-1. TO PROVIDE THAT COUNCIL MEMBERS SHALL BE
8 ELECTED BY PLURALITY RATHER THAN BY MAJORITY; PROVIDING THAT THE
9 REMAINDER OF THE CHARTER, AS MAY BE AMENDED BY THE ELECTORATE,
10 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED;
11 PROVIDING FOR SUBMISSION OF THE PROPOSED BALLOT QUESTION TO THE
12 ELECTORS OF THE CITY ; SETTING FORTH THE FORM OF THE QUESTION TO BE
13 VOTED UPON AT SUCH ELECTION ; PROVIDING A CONFLICTS CLAUSE, A
14 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY ; PROVIDING AN EFFECTIVE
15 DATE; AND FOR OTHER PURPOSES.
16 Mayor Marino opened the Public Hearing.
17 Petitioner: None.
18 Staff presentation: City Attorney R. Max Lohman.
19 Public comment: Please see public comment section for Ordinance 26, 2017.
20 Mayor Marino closed the Public Hearing.
21 Mayor Marino brought item back for discussion. -Discussion ensued.
22 Vice Mayor Marciano made a motion to approve Ordinance 29, 2017 on first reading.
23 Councilmember Woods seconded.
24 Motion passed 4-1 .
25 Councilmember Lane opposed.
26 X. RESOLUTIONS
27 None.
28 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION
29 None .
30 XII. CITY ATTORNEY REPORT
31 None .
32 (J'he remainder of this page intentionally left blank.)
33
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XIII. ADJOURNMENT
The meeting adjourned at 11 :04 p.m.
A s pecial City Council meeting will be held on December 21 , 2017 at 7:00 p.m. for Ordinance
28, 2017.
The next regularly scheduled City Council meeting will be held January 4, 2018.
APPR OVED :
:.4..TTEST:
Patric ia Sni der , C MC
City Clerk
Maria G. Marino, Mayor
Carl W . Woods, Councilmember
Matthew Jay Lane , Councilmember
Rachelle A. Litt, 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 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 MEETING
12-07-17
PAGE 11