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HomeMy WebLinkAboutMinutes Council 1104211 CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING 4 November 4, 2021 5 6 The regular meeting was called to order at 6:01 p.m. by Mayor Litt. 7 I. PLEDGE OF ALLEGIANCE 8 II. ROLL CALL 9 PRESENT: Mayor Litt, Vice Mayor Reed, Councilmember Woods, Councilmember 10 Marciano, Councilmember Tinsley . 11 ABSENT: None. 12 III. ADDITIONS, DELETIONS, MODIFICATIONS 13 None. 14 IV. ANNOUNCEMENTS AND PRESENTATIONS 15 a. AN UPDATE BY WEISS SCHOOL STUDENTS FROM THE WOLFPACK CUBESAT 16 DEVELOPMENT TEAM AND THE AEROSPACE AND INNOVATION ACADEMY . 17 Kevin Simmons, CEO, Aerospace and Innovation Academy , and students provided an update 18 on the Wolfpack CubeSat program. 19 b. PALM BEACH GARDENS POLICE DEPARTMENT RECOGNIZED AS THE 2021 15T 20 PLACE WINNER OF THE FLORIDA TRAFFIC SAFETY CHALLENGE . 21 Police Chief, Clint Shannon honored the accomplishments of traffic enforcement officers in 22 achieving 1st place recognition in the Florida Traffic Safety Challenge. Sergeant Gregory 23 Mull thanked officers for their service and excellent performance. He expressed appreciation 24 for everyone's support, noting that traffic enforcement is a priority in keeping citizens safe. 25 V. COMMENTS FROM THE PUBLIC 26 Adrianne Pugh, 19902 SE Gallberry Drive, Jupiter, FL 33458. 27 VI. CITY MANAGER REPORT 28 City Manager, Ron Ferris announced the Ladies , Nine, Wine & Dine and Grip It , Rip It, & 29 Sip It events have been postponed to Friday, November 19 , due to inclement weather. The 15th 30 annual Mayor's Veterans Golf Classic tournament will go on as scheduled on Saturday , 31 November 6 at 9:30 a.m. The Community Concert Series is featuring Elements: an Earth, Wind 32 & Fire Tribute Band, on Saturday , November 6 at 7:00 p.m. at Veterans Plaza Amphitheater, 33 sponsored by Frenchman 's Creek Charities Foundation. The Veterans Salute Celebration is 34 Thursday , November 11 at 11:00 a.m. with music by the Florida National Guard 13th Army 35 Band. Films on the Field at Gardens Parks, Miracle League turf field, begins on Saturday, 36 November 13 at 7:00 p.m. and will show the movie, UP , sponsored by Ballenlsles Charities 37 Foundation and Frenchman 's Creek Charities Foundation. The Gardens GreenMarket is 38 November 7 from 8:00 a.m. to 1:00 p.m. on Sunday at the City Hall Municipal Campus. The 39 activation of the traffic signal at Bayhill Drive and Northlake Boulevard is scheduled for 40 November 16. 41 • Following the City Manager's report, Mayor Litt thanked City Clerk, Patricia Snider, 42 and staff for all the work in hosting the Florida League of Cities luncheon on October 27 at 43 Sandhill Crane Clubhouse. It was a wonderful event appreciated by all in attendance. 44 VII. CONSENT AGENDA 45 Vice Mayor Reed pulled Item G -Proclamation -Family Court Awareness Month from the 46 Consent Agenda. 47 Mayor Litt pulled Item H -Proclamation -Hunger and Homelessness Awareness Week from 48 the Consent Agenda. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 11-04-2021 PAGE 1 1 a. APPROVE MINUTES FROM THE OCTOBER 7, 2021 CITY COUNC IL MEE T ING . 2 b. RESOLUTION 63, 2021 -RATIFICATION OF EMERGENCY PU RCHAS E OF 3 COMMUN ICATION RADIOS . A RESOLUTION OF THE CITY CO UNC IL OF THE CITY 4 OF PALM BEACH GARDENS , FLORIDA, RATIF YING AND APPROVING THE 5 EMERGENCY PURCHASE OF COMMUNICATION RADIOS FROM CITATION 6 COMMUNICATIONS , INC. BY ACCESSI NG A CONTRACT WITH THE PALM BEACH 7 COUNTY SCHOOL DISTRICT FOR THE C ITY'S PUBLIC SAFETY OPERATI ONS ; AND 8 RETROACTIVELY AUTHORIZING THE CITY MANAGER TO EXECUTE ALL 9 DOCUMENTS NECESSARY TO EFFECTUATE SUCH EMERGENCY PURCHASE ; 10 PROVIDING AN EFFEC TI VE DATE; AND FOR OT HER PUR POSES . 11 c. PURCHASE AWARD -LEASE OF FRONT END LOADER. 12 d . PURCHASE AWARD -LED SPORTS FIELD LIGHTING SYSTEMS FOR SEVERAL CITY 13 PARKS . 14 e. PURCHASE A WARD -INSTALLATION OF LED SPORTS FIELD LIG HT ING SYS T EMS 15 FOR SEVERAL CITY PARKS . 16 f. PROCLAMATION -EPI LEPSY AWARENESS MON T H. 17 i. PROCLAMATION -NATI ONAL GIS DAY . 18 j. PROCLAMATION-NATIONAL HOSPIC E AND PA LLIATIVE CARE MONTH . 19 k. PROCLAMATION -NATIONAL NURSE PRACTI TI ON ER WEEK. 20 I. PROCLAMATION -WORLD AIDS DAY. 21 m. PROCLAMATION -WORLD PANCREATIC CANC ER DAY. 22 Councilmember Wood s made a motion to approve the Consent Agenda minus Items G and H. 23 Councilmember Tins ley seconded. 24 Motion passed 5-0. 25 g. PROCLAMATION -FAMILY COURT AWARENESS MONTH . 26 Vice Mayor Reed recognized the Family Court Awareness Month Proclamation. 27 Vice Mayor Reed made a motion to approve Item G -Proclamation -Family Court Awareness 28 Month. 29 Councilm ember Tins ley seconded. 30 Motion passed 5-0. 31 h. PROCLAMATION-HUNGER AND HOMELESSNESS A WARENESS WEEK . 32 Mayor Litt read the Hunger and Homelessness Awareness Week Proclamation. 33 Vic e Mayor Reed made a motion to approve Item H -Proclamation -Hunger and Homelessness 34 Awareness Week. 35 Councilmember Tins ley seconded. 36 Motion passed 5-0. 37 M ayor Litt attended the ribbon cutting ceremony for Panther's Closet and Panther's Pantry at 38 Palm Beach State College's Gardens Campus on November 3 with Vice Mayor Reed . Panther's 39 Closet is open to all current students, faculty , and staff to shop and donate clothing items. Honors 40 College students manage and run the Closet. Panther's Pantry is a resource for enrolled students 41 providing food and personal items free of charge and is operated by volunteer faculty and 42 students. 43 Mayor Litt shared the Homeless Coalition's Creating Housing Opportunity Program is a leader 44 in helping fami lies and individuals in Palm Beach County move from homelessness into a home. 45 Accordingly, she requested Council consider granting $5,000 to support this program. C ity 46 Manager, Ron Ferris suggested allocating money from the budget-approved contributions fund. 47 Councilmember Marciano made a motion to spend $5,000 to support the Homeless Coalition's 48 Creating Housing Opportunity Program. 49 Councilm ember Tin sl ey seconded. 50 Motion passed 5-0. CITY OF PALM BEACH GAR DE NS REGULAR COU NCIL M EETI NG 11-04-20 21 PAGE 2 1 VIII. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 2 Those preparing to give testimony were sworn in. 3 The City Clerk read Ordinance 12 , 2021 by title. 4 a. *ORDINANCE 12, 2021-(2ND READING &ADOPTION) REQUEST TO REZONEA3.89- 5 ACRE PARCEL OF LAND. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 6 PALM BEACH GARDENS, FLORIDA , REZONING CERTAIN REAL PROPERTY WITHIN 7 THE CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS , SUCH 8 PROPERTY BEING COMPRISED OF 3.89± ACRES IN SIZE , MORE OR LESS, AND 9 LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF NORTHLAKE 10 BOULEVARD AND CONGRESS AVENUE, OTHERWISE KNOWN AS THE NORTHLAKE 11 SQUARE PLANNED UNIT DEVELOPMENT (PUD); PROVIDING THAT THIS PARCEL 12 OF REAL PROPERTY , WHICH IS MORE PARTICULARLY DESCRIBED HEREIN , 13 SHALL HAVE A CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT 14 (PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF GENERAL 15 COMMERCIAL (CG -1); PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM 16 BEACH GARDENS BE AMENDED ACCORDINGLY ; PROVIDING A CONFLICTS 17 CLAUSE, A SEVERABILITY CLAUSE , AND AUTHORITY TO CODIFY; PROVIDING AN 18 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 19 RESOLUTION 58, 2021 IS A COMPANION ITEM TO ORDINANCE 12, 2021 AND WILL 20 REQUIRE COUNCIL ACTION. 21 The City Clerk read Resolution 58, 2021 by title. 22 *RESOLUTION 58, 2021 -REQUEST FOR A MAJOR CONDITIONAL USE APPROVAL. A 23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , 24 FLORIDA, GRANTING SITE PLAN AND MAJOR CONDITIONAL USE APPROVAL TO 25 ALLOW A CONVENIENCE STORE WITH GAS SALES AND AN ACCESSORY AUTOMATIC 26 CAR WASH , LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF 27 NORTHLAKE BOULEVARD AND CONGRESS AVENUE, ON 1.76 ACRES, MORE OR LESS , 28 WITHIN THE 3.89-ACRE NORTHLAKE SQUARE PLANNED UNIT DEVELOPMENT (PUD), 29 AS MORE PARTICULARLY DESCRIBED HEREIN ; PROVIDING CONDITIONS OF 30 APPROVAL; PROVIDING WAIVERS ; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 31 PURPOSES . 32 Mayor Litt opened the Public Hearing for Ordinance 12 , 2021 2nd reading. 33 Mayor Litt asked for any ex-parte communication. 34 No additional ex-parte communication. Ex-parte communication carried over from Ordinance 35 12, 2021 pt reading: Mayor Litt, Vice Mayor Reed , Councilmember Marciano and 36 Councilmember Tinsley spoke with Brian Seymour, Gunster, Yoakley & Stewart, P.A. 37 Petitioner presentation: None. 38 Staff presentation: None. 39 Staff recommended approval of Ordinance 12, 2021 on 2nd reading and adoption. 40 Public comment: Ramona V.S. Bean , 5439 Cicada Way, Palm Beach Gardens, FL 33418. 41 Attorney for the Petitioner: Brian Seymour, Gunster, Yoakley & Stewart, P.A. 42 Mayor Litt closed the Public Hearing. 43 Councilmember Woods made a motion to approve Ordinance 12, 2021 on 2 nd reading and 44 adoption. 45 Councilmember Tinsley seconded. 46 Mayor Litt brought the item back for discussion. Discussion ensued. 4 7 Motion passed 5-0. 48 Mayor Litt opened the Public Hearing for Resolution 58, 2021. 49 Mayor Litt asked for any ex-parte communication. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 11-04-2021 PAGE 3 1 No additional ex-parte communication. Ex-parte communication carried over from Ordinance 2 12, 202 1 p t reading: Mayor Litt, Vice Mayor Reed, Councilmember Marciano and 3 Councilmember Tinsley spoke with Brian Seymour, Gunster, Yoakley & Stewart, P.A . 4 Petitioner presentation: None. 5 Staff presentation: None. 6 Staff recommended approval of Resolution 58, 2021 . 7 Public comment: None. 8 Mayor Litt closed the Public Hearing. 9 Mayor Litt brought the item back for discussion. No further discussion. 10 Councilmember Tinsley made a motion to approve Resolution 58, 2021. 11 Vice Mayor Reed seconded. 12 Motion passed 5-0. 13 The City Clerk read Ordinance 13 , 2021 by title . 14 b. ORDINANCE 13, 2021 -(1 5T READING) SMALL-SCALE COMPREHENSIVE PLAN 15 FUTURE LAND USE MAP AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL OF 16 THE CITY OF PALM BEACH GARDENS, FLORIDA, ADOPTING A SMALL-SCALE 17 AMENDMENT TO ITS COMPREHENSIVE PLAN FUTURE LAND-USE MAP IN 18 ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA 19 STATUTES , PURSUANT TO APPLICATION NO . CPSS-20-11-000014 IN ORDER TO 20 CHANGE THE LAND-USE DESIGNATION ON 2.08 ACRES IN SIZE, MORE OR LESS, 21 FROM GOLF (G) TO COMMERCIAL (C); PROVIDING A NOTATION ON THE FUTURE 22 LAND-USE MAP PERTAINING TO THE PERMITTED LAND-USE DENSITY AND 23 INTENSITY RELATED TO THE SUBJECT PROPERTY ; THE SUBJECT PROPERTY 24 BEING LOCATED WITHIN PGA NATIONAL, IMMEDIATELY ADJACENT TO THE PGA 25 RESORT CORE AT THE SOUTHERN TERMINATING END OF AVENUE OF THE 26 CHAMPIONS, APPROXIMATELY 0.50 MILES SOUTH OF PGA BOULEVARD; 27 PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, 28 FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO THE FLORIDA 29 DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO); PROVIDING THAT THE 30 FUTURE LAND-USE MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED 31 ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND 32 AUTHORITY TO CODIFY ; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 33 PURPOSES . 34 Councilmember Tinsley recused herself from the dais for Ordinance 13 , 2021 , Ordinance 14, 35 2021 and companion items Resolution 60, 2021 and Resolution 61 , 2021 as her husband is a 36 shareholder in WGI and filled out Voting Conflict Form 88. 37 Mayor Litt opened the Public Hearing. 38 Petitioner presentation: Ken Tuma , Urban Design Studio. Combined presentation with 39 Ordinance 14 , 2021. 40 Staff presentation: Senior Planner, Samantha Morrone. 41 Staff recommended approval of Ordinance 13, 2021 on 1st reading. 42 Public comment: None. 43 Mayor Litt closed the Public Hearing. 44 Mayor Litt brought the item back for discussion. Discussion ensued. 45 Councilmember Marciano made a motion to approve Ordinance 13 , 2021 on p t reading. 46 Vice Mayor Reed seconded. 47 Motion passed 4-0. 48 The City Clerk read Ordinance 14, 2021 by title. 49 c . *ORDINANCE 14, 2021 -(1 8T READING) REZONING TO CHANGE THE ZONING 50 DESIGNATION OF APPROXIMATELY 2.08 ACRES WITHIN PGA NATIONAL FROM CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 11-04-2021 PAGE 4 1 PLANNED COMMUNITY DEVELOPMENT (PCD). AN ORDINANCE OF THE CITY 2 COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA, REZONING CERTAIN 3 REAL PROPERTY , SUCH PROPERTY BEING COMPRISED OF 2.08 ACRES IN SIZE, 4 MORE OR LESS, AND LOCATED WITHIN PGA NATIONAL, IMMEDIATELY ADJACENT 5 TO THE PGA RESORT CORE AT THE SOUTHERN TERMINATING END OF AVENUE 6 OF THE CHAMPIONS, APPROXIMATELY 0.50 MILES SOUTH OF PGA BOULEVARD; 7 PROVIDING THAT THESE PARCELS OF REAL PROPERTY THAT ARE MORE 8 PARTICULARLY DESCRIBED HEREIN SHALL BE REZONED FROM PLANNED 9 COMMUNITY DEVELOPMENT (PCD) OVERLAY WITH UNDERLYING "GOLF USES " TO 10 PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH UNDERLYING "HOTEL , 11 RECREATIONAL AND INCIDENTAL FACILITIES RELATED THERETO "; PROVIDING 12 THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED 13 ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE , A SEVERABILITY CLAUSE, AND 14 AUTHORITY TO CODIFY ; PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER 15 PURPOSES . 16 Mayor Litt opened the Public Hearing. 17 Mayor Litt asked for any ex-parte communication. 18 Vice Mayor Reed , Councilmember Woods and Mayor Litt spoke with Ken Tuma, Urban 19 Design Kilday Studio. 20 Councilmember Marciano spoke with Anne Booth, Ken Tuma and residents. 21 Petitioner presentation: Ken Tuma , Urban Design Studio. Combined presentation with 22 Ordinance 13 , 2021. 23 Staff presentation: Senior Planner, Samantha Morrone. 24 Staff recommended approval of Ordinance 14, 2021 on 1st reading. 25 Public comment: None. 26 Mayor Litt closed the Public Hearing. 27 Councilmember Marciano made a motion to approve Ordinance 14, 2021 on 1st reading. 28 Vice Mayor Reed seconded. 29 Mayor Litt brought the item back for discussion. Discussion ensued. 30 Motion passed 4-0. 31 RESOLUTION 60, 2021 AND RESOLUTION 61, 2021 ARE COMPANION ITEMS TO 32 ORDINANCE 13, 2021 AND ORDINANCE 14, 2021 ANO WILL REQUIRE COUNCIL ACTION 33 ON SECOND READING. 34 *RESOLUTION 60, 2021 -PLANNED COMMUNITY DEVELOPMENT (PCD) AMENDMENT TO 35 PGA NATIONAL PCD MASTER PLAN . A RESOLUTION OF THE CITY COUNCIL OF THE CITY 36 OF PALM BEACH GARDENS , FLORIDA, AMENDING THE PGA NATIONAL PLANNED 37 COMMUNITY DEVELOPMENT (PCD) MASTER PLAN , LOCATED EAST OF THE FLORIDA 38 TURNPIKE BETWEEN PGA BOULEVARD AND NORTHLAKE BOULEVARD, AS MORE 39 PARTICULARLY DESCRIBED HEREIN , TO PERMIT APPROXIMATELY 2.08 ACRES TO BE 40 REDESIGNATED FROM THE "GOLF COURSES " PORTION TO THE "PGA NATIONAL HOTEL 41 & CLUBS " PORTION OF THE PLAN ; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 42 PURPOSES . 43 *RESOLUTION 61 , 2021 -PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT TO 44 EXPAND THE PGA RESORT CORE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY 45 OF PALM BEACH GARDENS , FLORIDA, AMENDING THE SITE PLAN FOR THE PGA 46 RESORT CORE PLANNED UNIT DEVELOPMENT (PUD}, LOCATED WITHIN PGA NATIONAL 47 AT THE SOUTHERN TERMINATING END OF AVENUE OF THE CHAMPIONS , 48 APPROXIMATELY 0.50 MILES SOUTH OF PGA BOULEVARD , TO EXPAND THE PUD 49 BOUNDARY BY APPROXIMATELY 2.08 ACRES , MODIFY EXISTING FACILITIES, AND 50 INTRODUCE NEW AMENITIES ; PROVIDING WAIVERS ; PROVIDING CONDITIONS OF 51 APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 11-04-2021 PAGE 5 1 The City Clerk read Resolution 55, 2021 by title. 2 d . *RESOLUTION 55, 2021 -SITE PLAN APPROVAL FOR 27 SINGLE FAMILY HOMES 3 WITHIN PANTHER NATIONAL POD 13 . A RESOLUTION OF THE CITY COUNCIL OF 4 THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A SITE PLAN FOR A 5 27-LOT SINGLE-FAMILY SUBDIVISION ON APPROXIMATELY 26.82 ACRES WITHIN 6 THE PANTHER NATIONAL MASTER PLAN POD 13 LOCATED WITHIN THE 7 RESIDENTIAL PARCEL (PARCEL A) OF THE AVENIR PLANNED COMMUNITY 8 DEVELOPMENT (PCD) THAT IS GENERALLY LOCATED ON THE NORTH SIDE OF 9 NORTHLAKE BOULEVARD, EAST OF GRAPEVIEW BOULEVARD, WEST OF BAY HILL 10 DRIVE, AND SOUTH OF BEELINE HIGHWAY, AS MORE PARTICULARLY DESCRIBED 11 HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE 12 DATE; AND FOR OTHER PURPOSES. 13 Mayor Litt opened the Public Hearing. 14 Mayor Litt asked for any ex-parte communication. 15 Councilmember Tinsley spoke with Rosa Schechter from Avenir Development. 16 Additional petitioners preparing to give testimony were sworn in. 17 Petitioner presentation: George Missimer, Cotleur & Hearing; Scott Hedge, Panther National. 18 Combined presentation with Resolution 56, 2021. 19 Staff presentation: None. 20 Staff recommended approval of Resolution 55, 2021 as presented. 21 Public comment: None. 22 Mayor Litt closed the Public Hearing. 23 Councilmember Tinsley made a motion to approve Resolution 55, 2021. 24 Vice Mayor Reed seconded. 25 Mayor Litt brought the item back for discussion. Discussion ensued. 26 Motion passed 5-0. 27 The City Clerk read Resolution 56, 2021 by title. 28 e. *RESOLUTION 56, 2021 -SITE PLAN APPROVAL FOR 52 SINGLE FAMILY HOMES 29 WITHIN PANTHER NATIONAL POD 14. A RESOLUTION OF THE CITY COUNCIL OF 30 THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A SITE PLAN FOR A 31 52-LOT SINGLE-FAMILY SUBDIVISION ON APPROXIMATELY 41.68 ACRES WITHIN 32 THE PANTHER NATIONAL MASTER PLAN POD 14 LOCATED WITHIN THE 33 RESIDENTIAL PARCEL (PARCEL A) OF THE AVENIR PLANNED COMMUNITY 34 DEVELOPMENT (PCD) THAT IS GENERALLY LOCATED ON THE NORTH SIDE OF 35 NORTHLAKE BOULEVARD, EAST OF GRAPEVIEW BOULEVARD, WEST OF BAY HILL 36 DRIVE, AND SOUTH OF BEELINE HIGHWAY, AS MORE PARTICULARLY DESCRIBED 37 HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE 38 DATE; AND FOR OTHER PURPOSES. 39 Mayor Litt opened the Public Hearing. 40 Mayor Litt asked for any ex-parte communication. 41 Councilmember Tinsley spoke with Rosa Schechter from Avenir Development. 42 Petitioner presentation: George Missimer, Cotleur & Hearing; Scott Hedge, Panther National. 43 Combined presentation with Resolution 55 , 2021. 44 Staff presentation: None. 45 Staff recommended approval of Resolution 56, 2021 as presented. 46 Public comment: None. 4 7 Mayor Litt closed the Public Hearing. 48 Councilmember Woods made a motion to approve Resolution 56, 2021. 49 Councilmember Tinsley seconded. 50 Mayor Litt brought the item back for discussion. Discussion ensued. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 11-04-2021 PAGE 6 1 Motion passed 5-0. 2 The City Clerk read Resolution 62, 2021 by title. 3 f. *RESOLUTION 62, 2021 -APPROVING AN AMENDMENT TO THE PGA STATION 4 PLANNED UNIT DEVELOPMENT (PUD). A RESOLUTION OF THE CITY COUNCIL OF 5 THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AMENDMENT TO 6 THE PGA STATION PLANNED UNIT DEVELOPMENT (PUD) (F .K.A. PARCEL 58) TO 7 MODIFY THE USES ON PODS B AND C, INCLUDING A NEW 8-STORY , 396-UNIT 8 MUL Tl-FAMILY BUILDING WITH A PARKING GARAGE ON POD B, MODIFY BUILDING 9 9 ON POD B, AND REVISE POD C TO INCLUDE A NEW 200,000-SQUARE-FOOT, 8- 10 STORY OFFICE BUILDING WITH A SEPARATE PARKING GARAGE THAT INCLUDES 11 7,049 SQUARE FEET OF RETAIL SPACE ALONG THE NORTH AND WEST FACADES 12 OF THE PARKING GARAGE; THE PGA STATION PUD IS APPROXIMATELY 30.03 13 ACRES AND IS GENERALLY LOCATED AT THE SOUTHEAST CORNER OF PGA 14 BOULEVARD AND RCA BOULEVARD, AS MORE PARTICULARLY DESCRIBED 15 HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS; 16 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 17 Mayor Litt opened the Public Hearing. 18 Mayor Litt asked for any ex-parte communication. 19 Councilmember Woods spoke with Joey Eichner, Aaron Group Realty, Dan Catalfumo, 20 Applicant, and Todd Fabbri, The Richman Group of Florida. 21 Councilmember Marciano spoke with Joey Eichner and Dan Catalfumo. 22 Councilmember Tinsley spoke with Joey Eichner. 23 Petitioner presentation: Donaldson Hearing, Cotleur & Hearing; George Missimer, Cotleur & 24 Hearing; Dan Catalfumo, Applicant; Stephanie Kin len , Kimley-Hom; Todd Fabbri, The 25 Richman Group of Florida. 26 Staff presentation: Principal Planner, Martin Fitts. 27 Staff recommended approval of Resolution 62, 2021 as presented with a recommendation of 28 approval for Waivers #1, 2, 4, 5, and 6 and denial for Waiver #3 , as follows: 29 Waiver #3 for LDR Section 78-284(g)(12), Prohibited signs, to allow two project identification 30 signs on the proposed Parking Garage-Building 6A on Pod Cat 90 square feet, with 36-inch letters. 31 A parking garage is considered an accessory structure, and this section of the code prohibits signage 32 on accessory structures. 33 Public comment: None. 34 Mayor Litt closed the Public Hearing. 35 Councilmember Woods made a motion to approve Resolution 62, 2021 minus Waiver #3. 36 Councilmember Tinsley seconded. 37 Mayor Litt brought the item back for discussion. Discussion ensued. 38 Motion passed 5-0. 39 IX. RESOLUTIONS 40 None. 41 X. ITEMS FOR COUNCIL ACTION/DISCUSSION AND ITEMS OF INTEREST: 42 Councilmember Tinsley expressed appreciation for health, family and being back on City 43 Council to work with everyone and wished all a Happy Thanksgiving. 44 Vice Mayor Reed reported the TPA (Transportation Planning Agency) did the Brightline 45 Pledge and would share it with Councilmembers. At the next Council meeting, she would like 46 to bring back the pursuit of an ordinance for balloons and confetti and discuss moving the 47 polystyrene resolution to an ordinance. The TPA (Transportation Planning Agency) voted in 48 the SRM (State Road Modification) Program, which presents an opportunity to access $20 49 million to advance safety , complete streets and roadway modification. Discussion ensued. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 11-04-2021 PAGE 7 1 XI. CITY ATTORNEY REPORT 2 City Attorney, R. Max Lohman reported that tomorrow is the last day of the hearing on the 3 County's motion for a temporary injunction pertaining to the City's Mobility Plan. Closing 4 arguments will be made. Counsel will also write a post-hearing brief and proffer a proposed 5 order to the judge. He recognized the legal team representing the City and thanked City staff 6 for their support. Discussion ensued. 7 (J'he remainder of this page intentionally left blank) 8 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 11-04-2021 PAGE 8 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 43 44 45 46 47 48 XII. ADJOURNMENT The meeting adjourned at 10 :05 p.m. The next regularly scheduled City Council meeting will be held on December 2, 2021 . APPROVED: ATTEST: Patricia Snider, CMC City Clerk Rachelle A. Litt, Mayor tJ . Mark T . Marciano, Councilmember ~y, Councilmember Note: These minutes are prepared in compliance with 286.01 I 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 11-04-2021 PAGE 9 DATE: TO: PALM BEACH GARDENS ''..4. unique p"Jace to live, karn, work & play" City of Palm Beach Gardens Office of the City Clerk 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4122 psnider@pbgfl.com Letter of Transmittal November 5 2021 Palm Beach County Commission on Ethics 2633 Vista Parkway West Palm Beach, FL 33411 Sent via email: ethics@palmbeachcountyethics.com I Re: Form 8B -City Council ~our Records □ As Requested □ For Review and Signature Signed ~ Pitriciasnider, CMC, City Clerk □ For Recording □ Returned for Corrections □ Other: ------- FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY. MUNICIPA L AND OTHER LOCAL PUBLIC OFFICERS □ APPOINTIVE W HO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to membefs of adviso,y and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COM PLIANCE W ITH SECTION 112.3143, FLORIDA STATUTES A pelSOll holding elective or appointive counly, municipal, oc olher local puf:llic office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (olher than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F .S ., and officers of independent special tax <isbids elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's falher, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daugiter-in-law. A "business associate .. means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). • • • • • • • • • • • • • ELECTED OFFICERS : In addition to abstaining from voting in the situations described above, you must cisclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly s1ating to the asseni>ly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing 1his form with 1he person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes.. • • • • • • • • • • • • • • APPOI NTED OFFICERS: Although you must abstain from voting in the situations described above, you ofhenrise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to inDuence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO tNFUJENCE THE OECtStON PmOR TO THE MEETING AT WH1CH THE VOTE Will BE TAKEN : • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who wiff incorporate the form in the minutes. (Continued on other side} CE FORM 8B -EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) •· Aeor,yof1httform-must be pRMded immediall!lf to the olhef-memllets of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting. who must inco,por«ethe foRn in the nwnutes.. A copy.at the fomt must be provided-immeciatefy to-the other members-of the agency, and the form must be read publicly at 1he next mee&lg after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST ,Y-Jarcic /J\09-i4:1 ·""""" .............. ~ Y (a) A measure came or will come before my agency which (check one) _ inured to my special private gain or loss; ,20 21 : _ inured to the special gain or loss of my business as1ociallll , _______________________ __. ✓ inured to the special gain or loss of my relative, ... tt~ .... • \~0.-t'.\~ .... La-...., ..... QiE __________________ _, inured to the special gain or loss of __________________________ _, by whom I am retained; or inur~d to the special gain or loss of _________________________ __.which is the parent organization or subsidii:q' of a principal which has retained me. (b)Qt~;~~(Drt_~~~~~ZiO oro.\1,pnu \'2:, tZoU o.~ ord\0,0.ne..e t\..\ 1 '20Z\ J ~e~ 3:-'f-e~ ~~~ ~ o_\\ ~ ~- oatJF11ed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SALARY. REPRIMAND, OR A CIVIL PENAL TY NOT TO EXCEED $10,000. CE FORM 8B -EFF. 1/2000 PAGE2