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HomeMy WebLinkAboutMinutes Council 010710I CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING 4 JANUARY 7, 2010 6 The regular meeting was called to order at 7:02 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, Councilmember Robert Premuroso. 11 ABSENT: None. 12 III. ADDITIONS. DELETIONS. MODIFICATIONS 13 None. 14 IV. ANNOUNCEMENTS AND PRESENTATIONS 15 a. Mayor's Veterans Golf Tournament — check presentation. 16 Presented Item: Mayor Russo presented the check to representatives of the West Palm Beach 17 Veterans Administration Medical Center. 18 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS 19 Vice Mayor Lew reported he qualified by petition to run in the upcoming municipal 20 election; attended a Plat 1 Crime Watch meeting and that Palm Beach Community College 21 changed its name to Palm Beach State College. Councilmember Barnett, Councilmember 22 Premuroso, and Councilmember Jablin wished everyone a happy New Year. 23 Councilmember Jablin reminded everyone about the Sunday Green Market. Mayor Russo 24 reported he qualified by petition to run in the upcoming municipal election; attended the 25 Annual Economic Forum; discussed SB 360 with County Commissioner Karen Marcus and 26 will discuss the Evergrene School Bus issue with the School Board. 27 VI. CITY MANAGER REPORT 28 None. 29 VII. COMMENTS FROM THE PUBLIC 30 Dr. Mark Marciano, 2610 Prosperity Oaks Court, Palm Beach Gardens. 31 VIII. CONSENT AGENDA 32 a. Approve minutes from December 17, 2009. 33 b. Proclamation — Arbor Day. 34 c. Proclamation — Gary and Jennifer Lesser. 35 Vice Mayor Lew made a motion for approval of the Consent Agenda. 36 Councilmember Jablin seconded. 37 Motion passed 5 -0. 38 IX. PUBLIC HEARINGS: (* Designates Quasi - Judicial Hearing) 39 Mayor Russo announced the procedures for tonight's proceedings. 40 Those preparing to give testimony were sworn in. 41 The City Clerk read Resolution 2, 2010 by title. 42 a. *Resolution 2, 2010 - PGA National temporary module structure. A Resolution of the 43 City Council of the City of Palm Beach Gardens, Florida approving a miscellaneous petition 44 for the PGA National Resort Community Development of Regional Impact (DRI) / Planned 45 Community Development (PCD), which is bounded by PGA Boulevard to the North, 46 Northlake Boulevard to the South, the Florida Turnpike to the East, and the C -18 Canal to the 47 West, as described more particularly herein, to allow construction of a temporary modular CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 01.07.10 I structure at the East end of the existing driving range at the PGA National Resort Core Golf 2 Course; providing conditions of approval; providing an effective date; and for other purposes. 3 Mayor Russo opened the public hearing. 4 No ex parte communication was declared. 5 Presented Item: Anne Booth, Urban Design Kilday Studio. 6 Public Comment: None. 7 Mayor Russo closed the public hearing. 8 Vice Mayor Levy made a motion for approval. 9 Councilmember Jablin seconded. 10 Motion passed 5 -0. 11 The City Clerk read Ordinance 24, 2009 by title. 12 b. Ordinance 24, 2009 — (2nd reading and adoption) Hilltop Gardens Large -scale 13 Comprehensive Plan Future Land Use Plan Amendment. An Ordinance of the City 14 Council of the City of Palm Beach Gardens, Florida adopting a large scale amendment to its 15 Comprehensive Development Plan in accordance with the mandates set forth in Chapter 163, 16 Florida Statutes, specifically Section 163.3184, et seq., Florida Statutes, pursuant to 17 application No. CPMA- 09 -03- 000011, which provides for an amendment to the City's Future 18 Land Use Map designating one (1) parcel of real property comprising approximately twenty - 19 three and 16/100 (23.16 +) acres, more or less, in size as "(C) Commercial "; such parcel being 20 located generally North of Northlake Boulevard, East of the C -17 Canal, South of the 21 Seacoast Utility Richard Road Plant, and West of the Hilltop Park Mobile Home Park, 22 informally known as "Hilltop Gardens "; providing for compliance with all requirements of 23 Chapter 163, Florida Statutes; providing for transmittal to DCA; providing a conflicts clause, 24 a severability clause, and authority to codify; providing an effective date; and for other 25 purposes. 26 Mayor Russo opened the public hearing. 27 No ex parte communication was declared. 28 Presented Item: Ken Tuma, Urban Design Kilday Studio. 29 Public Comment: Dennis Russo, 2324 Holly Lane, Palm Beach Gardens; Carol Estrada, 30 309 Riverside Drive, Palm Beach Gardens. 31 Staff Comment: Planning Manager Natalie Wong. 32 Mayor Russo closed the public hearing. 33 Vice Mayor Lew made a motion for approval. 34 Councilmember Jablin seconded. 35 Motion passed 5 -0. 36 The City Clerk read Ordinance 25, 2009 by title. 37 c. *Ordinance 25, 2009 — (2nd reading and adoption) Hilltop Gardens Rezoning. An 38 Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning one (1) 39 parcel of real property comprising approximately twenty -three and 16/100 (23.16 +) acres, 40 more or less, in size; such parcel being located North of Northlake Boulevard, East of the C- 41 17 Canal, South of the Seacoast Utility Richard Road Plant, and West of the Hilltop Park 42 Mobile Home Park, informally known as "Hilltop Gardens "; from Residential Medium (RM) 43 to Commercial General (CG1) zoning district; providing that the City zoning district map be 44 revised accordingly; providing a conflicts clause and a severability clause; providing authority 45 to codify; providing an effective date; and for other purposes. 46 Mayor Russo opened the public hearing. 47 No ex parte communication was declared. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 01.07.10 I Mayor Russo directed that the comments from Ordinance 24, 2009 are to be considered for 2 Ordinance 25, 2009 as well. 3 Mayor Russo closed the public hearing. 4 Vice Mayor Lew made a motion for approval. 5 Councilmember Jablin seconded. 6 Motion passed 5 -0. 7 The City Clerk read Ordinance 36, 2009 by title. 8 d. Ordinance 36, 2009 — (2nd reading and adoption) Amendment to the City Code 9 regarding platting requirements. An Ordinance of the City Council of the City of Palm 10 Beach Gardens, Florida amending Chapter 78. Land Development. at Section 78 -43. Review 11 of Applications for Development Order Approval by repealing Table 1 of Section 78 -43 and 12 readopting same, as revised; further amending Chapter 78 by repealing Section 78 -426. 13 Variances. and readopting same, as revised, for internal consistency; further amending 14 Chapter 78 by repealing Subsections 78 -427 (b)(1) and (b)(2) and Section 78 -428 and 15 readopting same, as revised, in order to provide criteria for platting exceptions; further 16 amending Chapter 78 by adopting new Section 78 -429, entitled "Requirements in Lieu of 17 Platting" and new Section 78 -430, entitled "Other Platting Requirements" in order to provide 18 regulations when Platting is not required; further amending Chapter 78 by repealing Sections 19 78 -441, 78 -445, and 78 -446 and readopting same, as revised, in order to clarify application 20 requirements for subdivision plans and to establish regulations for technical compliance 21 review and approval; providing that each and every other Section and Subsection of Chapter 22 78. Land Development. shall remain in full force and effect as previously adopted; providing 23 a conflicts clause, a severability clause, and authority to codify; providing an effective date; 24 and for other purposes. 25 Mayor Russo opened the public hearing. 26 No ex parte communication was declared. 27 Public Comment: None. 28 Mayor Russo closed the public hearing. 29 Vice Mayor Levy made a motion for approval. 30 Councilmember Jablin seconded. 31 Motion passed 5 -0. 32 The City Clerk read Ordinance 38, 2009 by title. 33 e. Ordinance 38, 2009 — (2nd reading and adoption) Amending Fiscal Year 2009/2010 34 Budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida 35 amending the City of Palm Beach Gardens' budget for the fiscal year beginning October 1, 36 2009, and ending September 30, 2010, inclusive; providing a conflicts clause and a 37 severability clause; providing an effective date; and for other purposes. 38 Presented Item: Finance Administrator Allan Owens. 39 Mayor Russo opened the public hearing. 40 Public Comment: None. 41 Mayor Russo closed the public hearing. 42 Vice Mayor Lew made a motion for approval. 43 Councilmember Jablin seconded. 44 Motion passed 5 -0. 45 The City Clerk read Ordinance 39, 2009 by title. 46 f. Ordinance 39, 2009 - (2nd reading and adoption) Amending Fiscal Year 2009/2010 47 Budgeted Fund Balances Actual Amounts. An Ordinance of the City Council of the City of 48 Palm Beach Gardens, Florida amending the City of Palm Beach Gardens' budget for the fiscal CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 01.07.10 I year beginning October 1, 2009, and ending September 30, 2010, inclusive; providing a 2 conflicts clause, and a severability clause; providing an effective date; and for other purposes. 3 Presented Item: Finance Administrator Allan Owens. 4 Mayor Russo opened the public hearing. 5 Public Comment: None. 6 Mayor Russo closed the public hearing. 7 Vice Mayor Levy made a motion for approval. 8 Councilmember Jablin seconded. 9 Motion passed 5 -0. 10 The City Clerk read Ordinance 40, 2009 by title. 11 g. Ordinance 40, 2009 - (2nd reading and adoption) Amending the General Employees 12 Pension Plan. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida 13 amending Chapter 3. Personnel Program. Article XII. General Employees' Pension Plan (DB) 14 at Section 3 -128. Board of Trustees. by repealing subsections (a) — (d) and readopting same, 15 as revised, in order to amend the composition of the board and to authorize the board to 16 contract with Florida Municipal Pension Trust Fund for administrative and investment 17 management services; further amending Chapter 3. at Section 3 -129. Finances and Fund 18 Management. by repealing Subsection (c) and readopting same, as revised, in order to add the 19 Florida Municipal Pension Trust Fund to the list of permitted service providers; providing that 20 each and every other Section and Subsection of Chapter 3. Personnel Program. shall remain in 21 full force and effect as previously adopted; providing a conflicts clause, a severability clause, 22 and authority to codify; providing an effective date; and for other purposes. 23 Mayor Russo opened the public hearing. 24 Presented Item: Finance Administrator Allan Owens. 25 Mayor Russo closed the public hearing. 26 Vice Mayor Levy made a motion for approval. 27 Councilmember Jablin seconded. 28 Motion passed 5 -0. 29 X. RESOLUTIONS 30 None. 31 XI. ORDINANCES (For Consideration on First Reading) 32 None. 33 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 34 Mayor Russo congratulated the Dwyer High School Football Team and invited them to 35 attend a February City Council meeting for recognition. 36 XIII. CITY ATTORNEY REPORT 37 The City Clerk read Resolution 4, 2010 by title. 38 Resolution 4, 2010 - Stipulated Agreement with Wendy Ross. A Resolution of the City 39 Council of the City of Palm Beach Gardens, Florida approving a Stipulated Agreement and 40 General Release between the City of Palm Beach Gardens and Wendy M. Ross /Ross 41 Sculpture Studio; providing an effective date; and for other purposes. 42 Presented Item: City Attorney R. Max Lohman. 43 Discussion ensued. 44 Vice Mayor Lew made a motion for approval. 45 Councilmember Jablin seconded. 46 Motion passed 5 -0. 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 01.07.10 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 37 38 39 40 41 42 XV. ADJOURNMENT Councilmember Jablin made a motion to adjourn. Vice Mayor Lew seconded. Motion passed 5 -0. The meeting adjourned at 7:56 p.m. The next regularly scheduled City Council meeting will be held January 14, 2010. APPROVED: R. Russo; Mayor OAF V �� Robert G. Premuroso, Councilmember ATTEST: Z. � �a- /-/� 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 01.07.10 PAGE 5