HomeMy WebLinkAboutMinutes Council 041609I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
I APRIL 16, 2009
6 The regular meeting was called to order at 7:03 p.m. by Mayor Russo.
7 I. PLEDGE OF ALLEGIANCE
8 II. ROLL CALL
9 PRESENT: Mayor Joseph Russo, Vice Mayor David Levy, Councilmember Eric Jablin
10 Councilmember Jody Barnett and Councilmember Robert Premuroso.
11 Mayor Russo requested the reordering of the agenda so that Ordinance 18, 2009 and Project
12 Liverpool will be heard following the Consent Agenda.
13 Councilmember Jablin made a motion to reorder the agenda.
14 Vice Mayor Lew seconded.
15 Motion passed 5 -0.
16 III. ADDITIONS, DELETIONS, MODIFICATIONS
17 None.
18 IV. ANNOUNCEMENTS AND PRESENTATIONS
19 a. 50th Anniversary Event — Dancing Under the Stars — Sponsor recognition was presented
20 to The Brio Tuscan Grill by Recreation Director Mike Kelly.
21 b. Tennis Center Award Recognition was presented to Tennis Center Recreation
22 Supervisor Laura Schuppert and staff by Recreation Director Mike Kelly.
23 c. Community Aesthetics Board — Beautification Award for the 2009 Institutional Category
24 was presented to Bascom Palmer Eve Institute by Mayor Russo and Community
25 Aesthetics Board Chair Donna Wisneski.
26 d. Citizen Mobile Patrol Awards were presented by Chief Stephen Stepp.
27 e. Annual Audit Report was presented by Donovan Maginley of McGladrey & Pullen.
28 f. Update on G160 — C18 Canal was presented by Director of Engineering Max Bosso.
29 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS
30 Councilmember Barnett thanked everyone that participated in the annual Easter Egg Hunt.
31 Vice Mayor Levy attended the Regional Hazardous Materials Oversight Committee, the
32 Environmental Committee of the League of Cities and Palm Beach County Water Resource
33 Task Force meetings. Councilmember Premuroso thanked Finance Administrator Owens
34 for his work on the budget and that of his staff. Councilmember Jablin thanked The Brio
35 Tuscan Grill for their sponsorship of Dancing Under the Stars. The Give a Smile to a Child
36 event will be held Saturday, April 25, 2009. Mayor Russo reported on his meeting with
37 Town of Jupiter Mayor Karen Golonka regarding Briger and the Penny a Push event for
38 automatic doors for the handicapped at schools.
39 VII. CITY MANAGER REPORT
40 None.
41 VIII. COMMENTS FROM THE PUBLIC
42 The following individuals commented to the Council: Hank Gonzalez, 3950 RCA
43 Boulevard, Suite 5000, Palm Beach Gardens; Joan Elias, 1009 Diamond Head Way, Palm
44 Beach Gardens.
45 IX. CONSENT AGENDA
46 a. Approve minutes from March 19, 2009 City Council meeting.
47 b. Proclamation — National Public Safety Telecommunications Week.
48 Vice Mayor Levy made a motion for approval of the Consent Agenda.
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Councilmember Jablin seconded.
Motion passed 5 -0.
X. PUBLIC HEARINGS
Part I — Quasi — judicial
Mayor Russo announced the procedures that would be followed in tonight's proceedings.
All those preparing to give testimony were sworn in.
The City Clerk read Ordinance 18, 2009 by title.
a. Ordinance 18, 2009 — Text amendment. An Ordinance of the City Council of the City of
Palm Beach Gardens, Florida adopting an amendment to its Comprehensive Development
Plan in accordance with the mandates set forth in Section 163.3184, et seq., Florida Statutes,
to create an new subcategory to the existing mixed use land use designation for Bioscience
Mixed use Developments and an amendment to the notation on the Future Land Use Map
pertaining to the permitted land use densities and intensities established by Ordinance 7, 2005
for approximately 708.14 acres located South of Donald Ross Road, North of Hood Road, and
East and West of Interstate 95; providing a conflicts clause, a severability clause and authority
to codify; providing an effective date; and for other purposes. (first reading and transmittal)
*Note to the Public: There is a sign -in sheet for anyone who provides their name, and mailing
address in order to receive courtesy information concerning the publication of the State Land
Planning Agency's Notice of Intent.
The following individuals commented on this agenda item: Ken Tuma, Urban Design
Kilday Studio; Planning Manager Natalie Wong; Growth Management Administrator
Kara Irwin.
Mayor Russo opened the public hearing.
The following individuals made public comments on this agenda item: Assistant County
Administrator Shannon LaRocpue -Baas; Business Development Board Director Peter
Applefield; Harris Kozak, 2128 Milano Court, Palm Beach Gardens; Ken Kirby, 6 Selby
Lane, Palm Beach Gardens; Beth Kelso, Jupiter; John Chaplik, 715 Hudson Bay Drive,
Palm Beach Gardens; Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens; letter
submitted by Town of Jupiter Mayor Karen Golonka.
Mayor Russo closed the public hearing.
Councilmember Jablin made a motion for approval of Ordinance 18, 2998 on first reading.
Vice Mayor Levy seconded.
Councilmember Barnett commented.
Councilmember Jablin withdrew the motion.
Vice Mayor Levy withdrew the second.
Ken Tuma commented.
Councilmember Jablin made a motion for approval of Ordinance 18, 2008 on first reading.
Vice Mayor Levy seconded.
Motion passed 4 -1, with Councilmember Barnett dissenting.
a. Proiect Liverpool — Economic Development Project.
The following individuals commented on this agenda item: Business Development Board
Senior Vice President Andrew Duffel; Patrick Lienert, Leinco Technologies, Inc.
Vice Mayor Lew made a motion in favor of going forward with the loan request from
Leinco Technologies, Inc.
Councilmember Jablin seconded.
Motion passed 4 -1, with Councilmember Barnett dissenting.
The City Clerk read Ordinance 14, 2009 by title.
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I a. Ordinance 14, 2009 — (1st reading) The Dog Days Planned Unit Development (PUD).
2 An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning a
3 parcel of land consisting of 1.21 acres, located 0.5 miles East of Military Trail on the South
4 side of Burns Road adjacent to the West side of Interstate 95, as described more particularly
5 herein, from Research and Light Industrial Park (M -1) zoning district to Planned Unit
6 Development (PUD) overlay with an underlying zoning district of Research and Light
7 Industrial (M -1) to be known as The Dog Days PUD; providing revisions to the zoning
8 district map; providing a conflicts clause and a severability clause; providing an effective
9 date; and for other purposes.
10 Resolution 27, 2009 is a companion item to Ordinance 14, 2009.
I 1 Resolution 27, 2009 - The Dog Days Planned Unit Development (PUD). A Resolution of
12 the City Council of the City of Palm Beach Gardens, Florida approving the Dog Days Planned
13 Unit Development (PUD) on a 1.21 -acre parcel, as described more particularly herein;
14 providing waivers; providing conditions of approval; providing an effective date; and for
15 other purposes.
16 The City Clerk swore in Brian Cheguis.
17 The following individuals commented on this agenda item: Brian Cheguis, Cotleur and
18 Hearin ; Growth Management Administrator Kara Irwin.
19 Mayor Russo opened the public hearing and requested ex parte communication with none
20 declared. Vice Mayor Levy stated he is a client.
21 Mayor Russo closed the public hearing.
22 Councilmember Jablin made a motion for approval of Ordinance 14, 2009 on first reading.
23 Vice Mayor Lew seconded.
24 Motion passed 5 -0.
25 Part II — Non - Ouasi - iudicial
26 The City Clerk read Resolution 1, 2009 by title.
27 a. Resolution 1, 2009 — Decorator's Unlimited. A Resolution of the City Council of the
28 City of Palm Beach Gardens, Florida amending the site and sign plan approved for Lot 2 of
29 South Park Center (A.K.A. Decorator's Unlimited); located within Northcorp Planned
30 Community District, on the West side of Riverside Drive approximately 300 feet North of
31 Burns Road and adjacent to Interstate 95; providing waivers; providing conditions of
32 approval; providing an effective date; and for other purposes.
33 Mayor Russo opened the public hearing.
34 The following individuals commented on this agenda item: Ryan Johnston, Johnston Group
35 Land Development Consultants; Bob Martin, Decorator's Unlimited; Growth
36 Management Planner Richard Marrero; Growth Management Administrator Kara
37 Irwin.
38 Mayor Russo closed the public hearing.
39 Councilmember Barnett made a motion for approval of Resolution 1, 2009 on first reading
40 with the noted changes.
41 Vice Mayor Lew seconded.
42 Motion passed 5 -0.
43 X. RESOLUTIONS
44 The City Clerk read Resolution 36, 2009 by title.
45 a. Resolution 36, 2009 — Appointment to the Budget Oversight Committee. A Resolution of
46 the City Council of the City of Palm Beach Gardens, Florida approving the appointment of a
47 regular member to the Budget Oversight Committee; providing an effective date; and for other
48 purposes.
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I Councilmember Premuroso recommended Phillip A. Woodall for membership to the
2 Budget Oversight Committee.
3 Jablin made a motion for appointment of Phillip A. Woodall to the Budget Oversight
4 Committee.
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Vice Mayor Lew seconded.
Motion passed 5 -0.
The City Clerk read Resolution 37, 2009 by title.
b. Resolution 37, 2009 — Recommendation of a contract award to Corbett and White,
P.A. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving
a letter of agreement with Corbett and White, P.A. for legal services based on a Request For
Qualifications No. 2009 -004; authorizing the Mayor to execute the letter of agreement;
providing an effective date; and for other purposes.
The following individuals commented on this agenda item: City Manager Ron Ferris,
Councilmember Barnett, Councilmember Premuroso, Mayor Russo, Contract
Procurement Lawyer Robert Rosillo, Esp.
Councilmember Jablin made a motion for approval of Resolution 37, 2009.
Vice Mayor Lew seconded.
Motion passed 4 -1, with Councilmember Barnett dissenting.
XI. ORDINANCES (for Consideration on First Reading)
a. Ordinance 18, 2009 Text amendment. Moved to follow the Consent Agenda.
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION
a. Proiect Liverpool — Economic Development Proiect. Moved to follow Ordinance 18,
2009.
b. Budget Workshop Recap
The City Council reached a consensus of agreement that the memorandum dated March 26,
2009 from the City Manager expressed the direction they wish to follow for the budget.
Mayor Russo inquired about the summer meeting schedule, which will be discussed at the
May 7, 2009 City Council meeting.
Councilmember Jablin made a motion that Mayor Russo write a letter to the Metropolitan
Planning Organization (MPO) requesting the Western section of PGA Boulevard be raised.
Councilmember Barnett seconded.
Motion passed 5 -0.
Councilmember Jablin requested the letter received from the John D. and Catherine T.
MacArthur Foundation regarding the placement of the statue of John D. MacArthur be placed
on the May 7, 2009 agenda for discussion, to which all Council members agreed.
XIII. CITY ATTORNEY REPORT
None.
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XIV. ADJOURNMENT
Councilmember Jablin made a motion to adjourn.
Vice Mayor Lew seconded.
Motion passed 5 -0.
The meeting adjourned at 11:09 p.m.
The next regularly scheduled City Council meeting will be held May 7, 2009.
APPROVED:
Robert G. Premuroso, Councilmember
ATTEST:
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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
04.16.09
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