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HomeMy WebLinkAboutMinutes Council 0905191 CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING 4 September 5, 2019 5 6 The regular meeting was called to order at 7:01 p.m. by Mayor Marciano. 7 I. PLEDGE OF ALLEGIANCE 8 II. ROLL CALL 9 PRESENT: Mayor Marciano, Vice Mayor Litt, Councilmember Marino, Councilmember 10 Woods, Councilmember Lane. 11 ABSENT: None. 12 III. ADDITIONS, DELETIONS, MODIFICATIONS 13 None. 14 IV. ANNOUNCEMENTS AND PRESENTATIONS 15 a. REPRESENTATIVE RICK ROTH-LEGISLATIVE UPDATE. 16 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 17 Vice Mayor Rachelle Litt: Thanked city staff and first responders for securing the city and 18 keeping the community safe during Hurricane Dorian. Attended the Florida League of Cities 19 conference in Orlando, the Gold Coast League of Cities annual breakfast, the South Florida 20 Water Management District, the Government Affairs Committee and the Palm Beach North 21 Chamber of Commerce Business Before Hours event. 22 Councilmember Matthew Lane: Expressed gratitude to the city staff for preparing our city 23 well for the hurricane. Attended the Government Affairs Committee meeting, Palm Beach North 24 Chamber of Commerce meeting, St. Mark's Episcopal School ribbon-cutting ceremony, Palm 25 Beach Gardens Health Expo, Economic Forum of the Palm Beaches and meetings with other 26 constituents. 27 Councilmember Maria Marino: Palm Beach County Cares is helping hurricane victims and 28 Tropical Shipping is collecting supplies to deliver to the Bahamas. Attended Palm Beach County 29 League of Cities monthly luncheon and board meeting, Transportation Planning Agency Board 30 meeting and strategic planning meeting and Economic Committee meeting for the Palm Beach 31 North Chamber. Participated in the Dancing with the Stars benefit for the Women's Chamber 32 Foundation. Attended the Go Red for Women Executive Committee Kick-off meeting. Provided 33 the invocation at the Gold Coast League of Cities annual breakfast. Met with members from the 34 Big Heart Brigade. Attended the Palm Beach North Breakfast Before Hours with Dr. Fennoy, 35 Joint Legislative Discussion of the Palm Beach North Chamber and our Palm Beach County 36 Legislative Delegation, Bonnette Hunt Club ground breaking ceremony, Palm Beach North 37 Annual Women 's Tea and Fashion Show, Hawaiian Luau to benefit the Quantum House, 38 Loxahatchee River Preservation Initiative meeting, Forum Club Board meeting and Forum Club 39 luncheon featuring Senator Marco Rubio. Spoke at the United Technology Corporation Carrier 40 Recruitment presentation and meetings with other constituents. 41 Councilmember Carl Woods: Met with contractors and communities regarding development 42 projects. Attended an EOC meeting regarding the hurricane preparations. Expressed appreciation 43 to all staff for their emergency response efforts and to Christ Fellowship Church. 44 Mayor Mark Marciano: Attended St. Mark's Episcopal School ribbon-cutting ceremony, Palm 45 Beach North Chamber of Commerce breakfast, Economic Forum with West Palm Beach Mayor, 46 Keith James, Bonnette Hunt Club ground breaking ceremony and the EOC meeting with staff on 4 7 hurricane preparations. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 09-05-2019 PAGE 1 1 Agenda reorder: Mayor Marciano reversed the order of Item VI. Comment s from the Public 2 and Item VII. City Manager Report. 3 VII. CITY MANAGER REPORT 4 Commended city staff in their emergency re sponse activation during Hurricane Dori an as the 5 EOC and six fire stations were equipped and ran flawlessly. Appreciated the City of Callaway in 6 reaching out to come and help to us if need the arose . Recognized Chri st Fellowship in their 7 re spons e to provide meal s for the city employee family shelter, the EOC and six stations and 8 recognized Ke vin Dalton in reserving a fuel station for city employees. 9 The National Procurement Institute awarded the City of Palm Beach Gardens with the 10 Achievement of Excellence in Procurement Award which was presented to Km! Ra, Purchasing 11 and Contracts Director, for his outstanding leader ship and performance . 12 VI. COMMENTS FROM THE PUBLIC 13 Tom Cairnes , 3101 PGA Boulevard, Palm Beach Gardens, FL 33410, Steen Erikson , 4330 14 Elm Avenue , Palm Beach Gardens, FL 33410. 15 VIII. CONSENT AGENDA 16 Councilmember Lane reque sted that Item Ebe pulled from consent. 17 a. APPROVE MINUTES FROM THE AUGUST 1, 2019 CI TY COUNCIL MEETING . 18 b . RESOLUTION 57, 2019 -TERMINATING THE CITY'S INTERLOCAL AGREEMENT · 19 REGARDING TRAFFIC CONCURRENCY . A RESOLUTION OF THE CITY COUNCIL OF 20 THE CITY OF PALM BEACH GARDENS, FLORIDA , TERMINATING THE INTERLOCAL 21 AGREEMENT WITH PALM BEACH COUNTY SETTING FORTH A PROCEDURE FOR 22 PROCESSING APPLICATIONS FOR TRAFFIC CONCURRENCY CERTIFICATIONS FOR 23 DEVELOPMENTS LOCATED IN PALM BEACH GARDENS , FLORIDA ; AUTHORIZING THE 24 MAYOR TO TERMINATE THE AGREEMENT ; PROVIDING AN EFFECTIVE DATE; AND 25 FOR OTHER PURPOSES . 26 c. RESOLUTION 62, 2019 -CABANA COLONY PLAT . A RESOLUTION OF THE CITY 27 COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA , APPROVING THE PLAT 28 FOR CABANA COLONY GAS STATION AND CAR WASH ; PROVIDING AN EFFECTIVE 29 DATE; AND FOR OTHER PURPOSES. 30 d. PURCHASE AWARD -TIRES AND RELATED SERVICES . 31 f. PROCLAMATION -A DAY TO REMEMBER. 32 g . PROCLAMATION -CHILDHOOD CANCER AWARENESS MONTH. 33 h. PROCLAMATION -PROSTATE CANCER AWARENESS MONTH . 34 Councilmember Marino made a motion for approval of the Consent Agenda witho ut Item E. 35 Councilmember Woods seconded. 36 Motion pas sed 5-0. 37 e . PURCHASE AWARD -GASOLINE AND DIESEL FUEL. 38 Staff Pres entation: Purchasing and Contracts Director, Km! Ra. 39 Mayor Marciano brought item back for discussion -Di scussi on en sued . 40 Councilmember Marino made a motion for approval of Purchase Award -Gas ol ine and Diesel 41 Fuel. 42 Councilmember Lane seconded . 43 Mot ion passed 5-0. 44 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 45 Tho se preparing to give testimony were sworn in. 46 The City Clerk read Ordinance 14, 2019 by title. 47 a . ORDINANCE 14, 2019 -(2 nd READING AND ADOPTION) BAY HI LL ESTATES . AN 48 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA, 49 ADOPTING A LARGE-SCALE AMENDMENT TO ITS COMPREHENSIVE PLAN FUTURE LAND 50 USE MAP IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA CITY OF PALM BEACH GARDENS REGULAR COUNCIL M EETING 09-05-2019 PAGE 2 1 STATUTES , SPECIFICALLY SECTION 163.3184, ET SEQ ., FLORIDA STATUTES , PURSUANT 2 TO APPLICATION NO. CPMA-19-02-000028 IN ORDER TO CHANGE THE LAND-USE 3 DESIGNATION ON 977.81 ACRES, MORE OR LESS, FROM PALM BEACH COUNTY RURAL 4 RESIDENTIAL, 1 UNIT PER 2.5 ACRES (PBC RR-2.5) TO PALM BEACH GARDENS 5 RESIDENTIAL LOW (RL) AND PALM BEACH GARDENS CONSERVATION (CONS) 6 FOLLOWING ANNEXATION; THE SUBJECT PROPERTY LOCATED ON THE SOUTHWEST 7 CORNER OF THE INTERSECTION OF NORTHLAKE BOULEVARD AND BAY HILL DRIVE, 8 APPROXIMATELY 0.5 MILES EAST OF COCONUT BOULEVARD; PROVIDING FOR 9 COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; 10 PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC 11 OPPORTUNITY (DEO) AND OTHER REVIEWING AGENCIES; PROVIDING THAT THE FUTURE 12 LAND USE MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY; 13 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO 14 CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . 15 Mayor Marciano opened the Public Hearing. 16 Petitioner presentation: None. 17 Staff presentation: Senior Planner, Martin Fitts. No changes since 1st reading. 18 Staff recommended approval of Ordinance 14, 2019 on 2nd reading and adoption. 19 Public comment: None. 20 Mayor Marciano closed the Public Hearing. 21 Mayor Marciano brought item back for discussion. No discussion. 22 Councilmember Marino made a motion to approve Ordinance 14, 2019 on 2nd reading and 23 adoption. 24 Vice Mayor Litt seconded. 25 Motion passed 5-0. 26 The City Clerk read Ordinance 15, 2019 by title. 27 b. *ORDINANCE 15, 2019 -(2 nd READING AND ADOPTION) BAY HILL ESTATES. AN 28 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, 29 REZONING CERTAIN REAL PROPERTY , SUCH PROPERTY BEING COMPRISED OF 977.81 30 ACRES IN SIZE, MORE OR LESS, AND LOCATED ON THE SOUTHWEST CORNER OF THE 3 1 INTERSECTION OF NORTHLAKE BOULEVARD AND BAY HILL DRIVE, APPROXIMATELY 0.5 32 MILES EAST OF COCONUT BOULEVARD; PROVIDING THAT THIS PARCEL OF REAL 33 PROPERTY THAT IS MORE PARTICULARLY DESCRIBED HEREIN SHALL BE REZONED 34 FROM PALM BEACH COUNTY RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD) TO 35 PALM BEACH GARDENS PLANNED UNIT DEVELOPMENT (PUD) WITH UNDERLYING 36 ZONING DESIGNATIONS OF PALM BEACH GARDENS RESIDENTIAL LOW (RL-3) AND PALM 37 BEACH GARDENS CONSERVATION (CONS); PROVIDING THAT THE ZONING MAP OF THE 38 CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS 39 CLAUSE, A SEVERABILITY CLAUSE , AND AUTHORITY TO CODIFY ; PROVIDING AN 40 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 41 Mayor Marciano opened the Public Hearing . 42 Mayor Marciano asked for any ex-parte. No ex-parte . 43 Petitioner presentation: None. 44 Staff presentation: Senior Planner, Martin Fitts. No changes since 1st reading. 45 Staff recommended approval of Ordinance 15, 2019 on 2nd reading and adoption. 46 Public comment: None. 47 Mayor Marciano closed the Public Hearing. 48 Mayor Marciano brought item back for discussion. No discussion. 49 Councilmember Woods made a motion to approve Ordinance 15, 2019 on 2nd reading and 50 adoption. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 09-05-2019 PAGE 3 1 Councilmember Marino seconded. 2 Motion passed 5-0. 3 The City Clerk read Resolution 49, 2019 by title. 4 *RESOLUTION 49, 2019-BAY HILL ESTATES. A RESOLUTION OF THE CITY COUNCIL OF THE 5 CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE BAY HILL ESTATES PLANNED 6 UNIT DEVELOPMENT (PUD) CONSISTING OF 977.81 ACRES, MORE OR LESS, LOCATED ON 7 THE SOUTHWEST CORNER OF THE INTERSECTION OF NORTHLAKE BOULEVARD AND BAY 8 HILL DRIVE, APPROXIMATELY 0.5 MILES EAST OF COCONUT BOULEVARD, AS MORE 9 PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 10 PURPOSES. 11 Mayor Marciano opened the Public Hearing. 12 Mayor Marciano asked for any ex-parte. No ex-parte. 13 Petitioner presentation: None. 14 Staff presentation: Senior Planner, Martin Fitts. 15 Staff recommended approval of Resolution 49, 2019. 16 Public comment: None. 17 Mayor Marciano closed the Public Hearing. 18 Mayor Marciano brought item back for discussion. No discussion. 19 Vice Mayor Litt made a motion to approve Resolution 49, 2019. 20 Councilmember Woods seconded. 21 Motion passed 5-0. 22 The City Clerk read Ordinance 16, 2019 by title. 23 c. ORDINANCE 16, 2019 -(2 nd READING AND ADOPTION) MOBILITY PLAN. AN ORDINANCE 24 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AND 25 ADOPTING THE CITY'S MOBILITY PLAN AND MOBILITY FEE TECHNICAL REPORT, 26 CONSISTENT WITH THE PROVISIONS OF SECTION 163.3180 ET SEQ., FLORIDA STATUTES , 27 SPECIFICALLY SUBSECTION (5) (i) WITH REGARD TO TRANSPORTATION CONCURRENCY ; 28 PROVIDING A CONFLICTS CLAUSE , A SEVERABILITY CLAUSE , AND AUTHORITY TO CODIFY; 29 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 30 Mayor Marciano opened the Public Hearing. 31 Staff presentation: Director of Planning & Zoning, Natalie Crowley. No changes since 1st reading. 32 Staff recommended approval of Ordinance 16, 2019 on 2nd reading and adoption. 33 Also present: Jonathan B. Paul, Nue Urban Concepts. 34 Public comment: None. 35 Mayor Marciano closed the Public Hearing. 36 Mayor Marciano brought item back for discussion. No discussion. 37 Councilmember Marino made a motion to approve Ordinance 16, 2019 on 2nd reading and adoption. 38 Councilmember Woods seconded. 39 Motion passed 5-0. 40 The City Clerk read Ordinance 17, 2019 by title. 41 d. ORDINANCE 17, 2019 -(2 nd READING AND ADOPTION) POLICE OFFICERS' RETIREMENT 42 TRUST FUND. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH 43 GARDENS , FLORIDA, AMENDING CHAPTER 50. ARTICLE 111 OF THE CODE OF ORDINANCES 44 OF THE CITY OF PALM BEACH GARDENS , FLORIDA, ENTITLED "POLICE OFFICERS ' 45 RETIREMENT TRUST FUND", IMPLEMENTING PROVISIONS OF THE 2020-2022 COLLECTIVE 46 BARGAINING AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND THE 47 POLICE BENEVOLENT ASSOCIATION; AMENDING SECTION 50-116. BY REVISING THE 48 NORMAL RETIREMENT DATE AND BENEFIT; PROVIDING A CONFLICTS CLAUSE , A 49 SEVERABILITY CLAUSE , AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; 50 AND FOR OTHER PURPOSES. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 09-05 -2 019 PAGE 4 1 Mayor Marciano opened the Public Hearing. 2 Petitioner presentation: None. 3 Staff presentation: Finance Administrator, Allan Owens. No changes since 1st reading. 4 Staff recommended approval of Ordinance 17, 201 9 on 2nd reading and adoption. 5 Public comment: None. 6 Mayor Marciano closed the Public Hearing. 7 Mayor Marciano brought item back for discussion. No discussion. 8 Councilmember Lane made a motion to approve Ordinance 17 , 2019 on 2nd reading and adoption. 9 Vice Mayor Litt seconded. 10 Motion passed 5-0. 11 The City Clerk read Ordinance 18, 2019 by title. 12 e. ORDINANCE 18, 2019 -(1 5T READING) CITY INITIATED LAND DEVELOPMENT 13 REGULATIONS AMENDMENT TO ADDRESS RECENT LEGISLATION CONCERNING TREE 14 TRIMMING AND REMOVAL. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 15 BEACH GARDENS , FLORIDA , AMENDING CHAPTER 78. LAND DEVELOPMENT OF THE CODE 16 OF ORDINANCES OF THE CITY OF PALM BEACH GARDENS , FLORIDA, AT DIVISION 8. 17 LANDSCAPING , BY AMENDING SECTION 78-303 . APPROVAL REQUIRED. AND SECTION 78- 18 326. EXEMPTIONS .; PROVIDING A CONFLICTS CLAUSE , A SEVERABILITY CLAUSE , AND 19 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . 20 Mayor Marciano opened the Pub lic Hearing. 21 Petitioner presentation: None. 22 Staff presentation: Senior Planner, Martin Fitts. 23 Staff recommended approval of Ordinance 18, 2019 on 1st reading. 24 Public comment: None. 25 Mayor Marciano closed the Public Hearing. 26 Mayor Marciano brought item back for discussion -Discussion ensued. 27 Councilmem her Marino made a motion to approve Ordinance 18, 2019 on 1st reading. 28 Councilmember Woods seconded. 29 Motion passed 5-0. 30 The City Clerk read Ordinance 19, 2019 by title. 31 f. ORDINANCE 19, 2019 -(1 5T READING) CITY INITIATED LAND DEVELOPMENT 32 REGULATIONS AMENDMENT ADOPTING THE CITY 'S MOBILITY FEE SCHEDULE. AN 33 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA, 34 AMENDING CHAPTER 78. LAND DEVELOPMENT OF THE CODE OF ORDINANCES OF THE 35 CITY OF PALM BEACH GARDENS, FLORIDA , AT DIVISION 4. CITYWIDE IMPACT FEES TO 36 INCORPORATE THE CITY'S MOBILITY FEE SCHEDULE AND RELATED TEXT CHANGES , 37 CONSISTENT WITH THE CITY 'S MOBILITY FEE TECHNICAL REPORT ; PROVIDING A 38 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE , AND AUTHORITY TO CODIFY ; PROVIDING 39 AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 40 Mayor Marciano opened the Public Hearing. 41 Staff presentation: Director of Planning & Zoning, Natalie Crowley. Staff recommended approval 42 of Ordinance 19, 2019 on pt reading. 43 Also present: Jonathan B. Paul, Nue Urban Concepts. 44 Public comment: None. 45 Mayor Marciano closed the Public Hearing. 46 Mayor Marciano brought item back for discussion -Discussion ensued. 47 Councilmember Marino made a motion to approve Ordinance 19, 2019 on p t reading. 48 Councilmember Woods seconded. 49 Motion passed 5-0. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 09-05 -2019 PAGE 5 1 The City Clerk read Ordinance 20, 2019 by title. 2 g. ORDINANCE 20, 2019 -(1 5T READING) ADOPTING THE BUDGET FOR FISCAL YEAR 3 2019/2020. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , 4 FLORIDA, ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH GARDENS FOR THE 5 FISCAL YEAR COMMENCING OCTOBER 1, 2019, AND ENDING SEPTEMBER 30, 2020 ; 6 PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE ; PROVIDING AN 7 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 8 Mayor Marciano opened the Public Hearing. 9 Petitioner presentation: None. 10 Staff presentation: Finance Administrator, Allan Owens . 11 Staff recommended approval of Ordinance 20, 2019 on 1st reading. 12 Public comment: None. 13 Mayor Marciano closed the Public Hearing. 14 Mayor Marciano brought item back for discussion -Discussion ensued. 15 Councilmember Marino made a motion that the City of Palm Beach Gardens adopt a proposed 16 operating and total millage rate of 5.55 mills, which is greater than the rolled-back rate of 5.2368 by 17 4.19%. 18 Vice Mayor Litt seconded. 19 Motion passed 4-1. 20 Mayor Marciano voted against. 21 Councilmember Marino made a motion to approve Ordinance 20, 2019 on pt reading, adopting a 22 budget for fiscal year 2019/2020 and setting the second and final reading for September 19, 2019 at 23 7 :00 PM in the Council Chambers. 24 Vice Mayor Litt seconded. 25 Motion passed 4-1. 26 Mayor Marciano voted against. 27 X. RESOLUTIONS 28 None. 29 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION 30 None. 31 XII. CITY ATTORNEY REPORT 32 None. 33 (I'he remainder of this page intentionally left blank) 34 35 36 37 38 39 40 41 42 43 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 09-05-2019 PAGE 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 )7 38 39 40 41 42 43 44 XIII. ADJOURNMENT The meeting adjourned at 9:16 p.m. The next regularly scheduled City Council meeting will be held on September 19, 2019. AP PROVED : Mark T . Marciano, Mayor Rachelle A. Litt, Vice Mayor ./11~/J.A~ AT TEST: Patricia Snider, CMC City Clerk Mar.>°) Marino,. Councilmember c_;)cg,1 Carl W. Woods, Councilmember Matthew Jay Lane, 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 COUNC IL MEETING 09 -05 -2019 PAGE 7