HomeMy WebLinkAboutMinutes Council 060310I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 JUNE 3, 2010
6 The regular meeting was called to order at 7:04 p.m. by Mayor Lew.
7 I. PLEDGE OF ALLEGIANCE
8 II. ROLL CALL
9 PRESENT: Mayor David Levy, Vice Mayor Robert Premuroso, Councilmember Joseph
10 Russo, Councilmember Eric Jablin, Councilmember Jody Barnett.
I 1 ABSENT: None.
12 III. ADDITIONS, DELETIONS, MODIFICATIONS
13 ADDITION
14 CONSENT AGENDA
15 RESOLUTION 29, 2010 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
16 PALM BEACH GARDENS, FLORIDA APPROVING THE PALM BEACH GARDENS
17 MUNICIPAL COMPLEX CENTER PLAT; PROVIDING AN EFFECTIVE DATE; AND
18 FOR OTHER PURPOSES.
19 Councilmember Jablin made a motion for approval of the Addition.
20 Councilmember Premuroso seconded.
21 Motion passed 5 -0.
22 IV. ANNOUNCEMENTS AND PRESENTATIONS
23 a. REPRESENTATIVE CARL DOMINO — LEGISLATIVE WRAP -UP.
24 Representative Domino reported on the legislative session.
25 b. RECOGNITION OF PALM BEACH GARDENS HIGH SCHOOL SOFTBALL CLASS
26 6A CHAMPIONS.
27 Mayor Levy and Councilmembers acknowledged the accomplishments of the Palm Beach
28 Gardens Hiah School Softball Class 6A Champions.
29 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS
30 Councilmember Barnett had no report. Councilmember Russo reported attending the North
31 County Economic Development Advisory Board meeting and the African American Golfers
32 Hall of Fame Convention. Vice Mayor Premuroso reported attending the PGA Corridor
33 Fireside Chat and the Budget Oversight Committee meeting. Councilmember Jablin
34 reported attending Memorial Day events. Mayor Lew announced attending Memorial Day
35 events and the League of Cities Gala.
36 VI. CITY MANAGER REPORT
37 City Manager Ferris acknowledged Finance Administrator Allan Owens, De u
38 Finance Administrator Mary Anderson - Pickle and Finance Department staff and
39 announced the City of Palm Beach Gardens has won the Government Finance Officer
40 Association Award for distinguished Budget Presentation for 2009 -2010 for the 13th
41 consecutive year.
42 VII. COMMENTS FROM THE PUBLIC
43 None.
44 VIII. CONSENT AGENDA
45 a. APPROVE MINUTES FROM MAY 6, 2010 CITY COUNCIL MEETING.
46 b. RESOLUTION 28,2010— OPPOSING AMENDING THE FLORIDA CONSTITUTION.
47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
48 GARDENS, FLORIDA EXPRESSING OPPOSITION TO A PROPOSED AMENDMENT
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TO THE FLORIDA CONSTITUTION THAT WOULD FORCE VOTERS TO DECIDE
ALL CHANGES TO A MUNICIPALITY'S OR COUNTY'S COMPREHENSIVE PLAN;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE PURPOSE AND INTENT OF THIS RESOLUTION; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
c. RESOLUTION 31, 2010 — WATSON B. DUNCAN'S ACADEMY OF LITERARY
AND FINE ARTS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA IN SUPPORT OF THE TRIBUTE TO WATSON B.
DUNCAN III THROUGH THE IMPLEMENTATION OF THE WATSON B. DUNCAN
LITERARY AND FINE ARTS ACADEMY AT WATSON B. DUNCAN MIDDLE
SCHOOL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Councilmember Barnett requested Item b. be pulled.
Councilmember Russo made a motion for approval of the Consent Agenda without Item b.
Councilmember Jablin seconded.
Motion passed 5 -0.
Councilmember Jablin made a motion for approval of Item b. Resolution 28, 2010.
Councilmember Russo seconded.
Motion passed 4 -1 with Councilmember Barnett dissenting.
IX. PUBLIC HEARINGS: ( *Designates Quasi - Judicial Hearing)
Mayor Lew announced the procedures for tonight's proceedings.
Those preparing to give testimony were sworn in.
The City Clerk read Ordinance 8, 2010 by title.
a. ORDINANCE 8, 2010 — (2nd READING AND ADOPTION) AMEND THE LAND
DEVELOPMENT REGULATION TO ALLOW FOR COMMUNITY GARDENS. AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. BY ADOPTING NEW
SUBSECTION 78- 1590)(71) AND AMENDING TABLE 21: PERMITTED,
CONDITIONAL AND PROHIBITED USE CHART IN ORDER TO CREATE A
COMMUNITY GARDENS USE AND ADOPT REGULATIONS PERTAINING TO
COMMUNITY GARDENS; PROVIDING THAT EACH AND EVERY OTHER SECTION
AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN
FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Lew opened the public hearing.
Staff Presentation: Planner Richard Marrero.
Public Comment: Paul Machtel, 47 Balfour Road East, Palm Beach Gardens.
Mayor Lew closed the public hearing.
Councilmember Jablin made a motion for approval of Ordinance 8, 2010 on second reading
and adoption.
Vice Mayor Premuroso seconded.
Motion passed 5 -0.
The City Clerk read Ordinance 10, 2010.
b. *ORDINANCE 10, 2010 - (2nd READING AND ADOPTION) ST. MARK'S
EPISCOPAL CHURCH AND SCHOOL. AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM BEACH GARDENS, FLORIDA PROVIDING FOR THE
EXPANSION OF ST. MARK'S EPISCOPAL CHURCH AND SCHOOL, LOCATED AT
THE CORNER OF GARDENS EAST DRIVE AND BURNS ROAD AND HAVING A
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STREET ADDRESS OF 3395 BURNS ROAD; AMENDING ORDINANCE 24, 1999 AND
ORDINANCE 32, 2000, WHICH APPROVED AND AMENDED, RESPECTIVELY, THE
ST. MARK'S EPISCOPAL CHURCH AND SCHOOL PUD, IN ORDER TO TRANSFER
AND AMEND THE SITE PLAN APPROVAL AND RELATED CONDITIONS OF
APPROVAL TO A SEPARATE RESOLUTION; PROVIDING THAT FUTURE
AMENDMENTS TO THE SITE PLAN AND CONDITIONS OF APPROVAL FOR THE
PUD MAY BE MADE BY RESOLUTION OF THE CITY COUNCIL; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
RESOLUTION 22, 2010 IS A COMPANION ITEM TO ORDINANCE 10, 2010 AND WILL
REQUIRE COUNCIL ACTION.
RESOLUTION 22, 2010 - ST. MARK'S EPISCOPAL CHURCH AND SCHOOL. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA AMENDING THE ST. MARK'S EPISCOPAL CHURCH AND SCHOOL
PLANNED UNIT DEVELOPMENT (PUD) AND SITE PLAN IN ORDER TO ALLOW A
44,593- SQUARE -FOOT EXPANSION TO THE EXISTING FACILITIES, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING
CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
Mayor Lew opened the public hearing.
No ex parte communication was declared.
Presented Item: Dodi Glas, Gentile, Holloway & O'Mahoney.
A letter from James H. Duda was entered into the record.
Mayor Levy closed the public hearing.
Councilmember Jablin made a motion for approval of Ordinance 10, 2010 on second
reading and adoption.
Vice Mayor Premuroso seconded.
Motion passed 5 -0.
Councilmember Jablin made a motion for approval of Resolution 22, 2010 on second
reading and adoption.
Vice Mayor Premuroso seconded.
Motion passed 5 -0.
The City Clerk read Ordinance 11, 2010 by title.
c. *ORDINANCE 11, 2010 — (2nd READING AND ADOPTION) PARCEL 18 A07
VOLUNTARY ANNEXATION. AN ORDINANCE OF THE CITY COUNCIL OF CITY
OF PALM BEACH GARDENS, FLORIDA ANNEXING, PURSUANT TO A PETITION
FOR VOLUNTARY ANNEXATION, A PARCEL OF LAND CONSISTING OF
APPROXIMATELY TWELVE AND 39/100 (12.39) ACRES, GENERALLY LOCATED
AT THE NORTHWEST CORNER OF THE INTERSECTION OF HOOD ROAD AND THE
FLORIDA TURNPIKE, IN PALM BEACH COUNTY, FLORIDA, AS MORE
PARTICULARLY DESCRIBED HEREIN; DECLARING THAT THE VOLUNTARY
ANNEXATION PETITION BEARS THE SIGNATURE OF THE OWNER OF THE REAL
PROPERTY ANNEXED HEREBY; AMENDING ARTICLE II OF THE CITY CHARTER
BY REDEFINING THE CORPORATE LIMITS; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Lew opened the public hearing.
Mayor Levy reported ex parte communication.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3
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I Presented Item: Jose Martinez, 95 Hood, LLC.
2 Staff Presentation: Planner Martin Schneider.
3 Public Comment: William Kist, 13265 Touchstone Court, Palm Beach Gardens; Palm Beach
4 County Commissioner Karen Marcus, P.O. Box 1989, West Palm Beach; Robert Banks,
5 Assistant County Attorney, 301 North Olive, Suite 601, West Palm Beach; Patricia Behn,
6 Palm Beach County Planning, 2300 North Jog Road, West Palm Beach.
7 Mayor Levy closed the public hearing.
8 Discussion ensued.
9 Councilmember Jablin made a motion to reopen the public hearing.
10 Councilmember Russo seconded.
11 Motion passed 5 -0.
12 Councilmember Jablin made a motion to continue Ordinance 11, 2010 to date certain
13 June 17, 2010.
14 Vice Mayor Premuroso seconded.
15 Motion passed 5 -0.
16 The City Clerk read Resolution 25, 2010 by title.
17 d. *RESOLUTION 25, 2010 - AMENDMENT TO THE OAKBROOK SQUARE PUD
18 MODIFYING THE MASTER SIGNAGE PROGRAM. A RESOLUTION OF THE CITY
19 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE
20 MASTER SIGNAGE PROGRAM OF THE OAKBROOK SQUARE SHOPPING CENTER
21 PLANNED UNIT DEVELOPMENT (PUD) LOCATED AT THE NORTHEAST CORNER
22 OF PGA BOULEVARD AND US HIGHWAY 1, AS MORE PARTICULARLY
23 DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN
24 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
25 Mayor Lew opened the public hearing.
26 Mayor Levy declared he has a cousin that is employed by Equity One.
27 Presented Item: Gregory Davis, Equity One.
28 Mayor Levy closed the public hearing.
29 Councilmember Jablin made a motion to approve Resolution 25, 2010.
30 Vice Mayor Premuroso seconded.
31 Motion passed 5 -0.
32 The City Clerk read Resolution 26, 2010 by title.
33 e. RESOLUTION 26 2010 — ART IN PUBLIC PLACES FOR DOWNTOWN AT THE
34 GARDENS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
35 BEACH GARDENS, FLORIDA APPROVING THE ART IN PUBLIC PLACES FOR
36 DOWNTOWN AT THE GARDENS, GENERALLY LOCATED WITHIN THE REGIONAL
37 CENTER DRI/PCD AT THE SOUTHEAST CORNER OF THE INTERSECTION OF
38 GARDENS PARKWAY AND ALTERNATE AlA, NORTH OF KYOTO GARDENS
39 DRIVE AT 11701 LAKE VICTORIA GARDENS AVENUE, AS DESCRIBED MORE
40 PARTICULARLY HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING
41 AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
42 Mayor Levy opened the public hearing.
43 Presented Item: Kevin Berman, owner, Downtown at the Gardens.
44 Mayor Levy closed the public hearing.
45 Councilmember Russo made a motion to approve Resolution 26, 2010.
46 Councilmember Jablin seconded.
47 Motion passed 4 -1 with Councilmember Barnett dissenting.
48 The City Clerk read Resolution 27, 2010 by title.
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f. *RESOLUTION 27, 2010 - DOWNTOWN AT THE GARDENS — EXTEND THE
TEMPORARY PARKING LOT USE ON THE GARDENS CORPORATE CENTER
PARCEL - GOSMAN SITE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA AMENDING A DEVELOPMENT ORDER
CONDITION OF APPROVAL FOR DOWNTOWN AT THE GARDENS LOCATED
WITHIN THE REGIONAL CENTER DRI/PCD, AS DESCRIBED MORE
7 PARTICULARLY HEREIN, TO MODIFY A CERTAIN CONDITION OF APPROVAL
RELATED TO TEMPORARY PARKING LOCATED ON THE GOSMAN PROPERTY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Lew opened the public hearing.
Mayor Levy, Vice Mayor Premuroso, Councilmember Russo and Councilmember Jablin
declared ex parte communication.
Presented Item: Kevin Berman, owner, Downtown at the Gardens.
Councilmember Jablin made a motion for approval of Resolution 27, 2010 with additions
stated by City Attorney Lohman.
Vice Mayor Premuroso seconded.
Motion passed 5 -0.
X. RESOLUTIONS
The City Clerk read Resolution 20, 2010 by title.
a. RESOLUTION 20 2010 — RE- ESTABLISHING THE BUDGET OVERSIGHT
COMMITTEE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RE- ESTABLISHING THE BUDGET OVERSIGHT
COMMITTEE; PROVIDING A PURPOSE, POWERS, DUTIES, MEMBERSHIP, AND
MEETINGS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Levy opened the public hearing.
Staff Presentation: Finance Administrator Allan Owens.
Mayor Levy closed the public hearing.
Councilmember Jablin made a motion for approval of Resolution 20, 2010.
Councilmember Russo seconded.
Motion passed 5 -0.
The City Clerk read Resolution 21, 2010 by title.
b. RESOLUTION 21, 2010 - REAPPOINTMENT OF FIVE (5) REGULAR MEMBERS
TO THE BUDGET OVERSIGHT COMMITTEE. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPOINTING FIVE
(5) REGULAR MEMBERS TO THE BUDGET OVERSIGHT COMMITTEE; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Councilmember Jablin made a motion for approval of Resolution 21, 2010.
Councilmember Russo seconded.
Motion passed 5 -0.
XI. ITEMS FOR COUNCIL ACTION/DISCUSSION
a. RESOLUTION OF COLLECTIVE BARGAINING IMPASSE BETWEEN THE CITY
AND THE SEIU /FLORIDA PUBLIC SERVICES UNION.
Presented Item: Bob Norton, Labor Attorney, representing the City of Palm Beach Gardens;
Carl Booth, SEIU /Florida Public Services Union Representative.
Councilmember Russo made a motion in favor of the City's position on Articles 18, 29, 30,
34 and 35.
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Councilmember Jablin seconded.
Motion passed 5 -0.
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Councilmember Russo made a motion in favor of the City's position on Article 14.
Councilmember Jablin seconded.
Motion passed 4 -1 with Councilmember Barnett dissenting.
b. BUDGET 2010/2011
Presented Item: Finance Administrator Allan Owens.
Council members stated their individual support for the proposed budget. Budget hearings
will be held on September 16 and 30, 2010.
XII. CITY ATTORNEY REPORT
None.
(The remainder of this page intentionally left blank.)
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
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I XIII. ADJOURNMENT
2 Councilmember Russo made a motion to adjourn.
3 Councilmember Jablin seconded.
4 Motion passed 5 -0.
5 The meeting adjourned at 10:24 p.m.
6 The next regularly scheduled City Council meeting will be held June 17, 2010.
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8 APPROVED:
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733-
34 -ricia Snider, CMC
35 City Clerk
36
C�-
David Levy, Mayor
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Robert G. Premuroso, Vice Mayor
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38 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of
39 the meeting. A verbatim audio record is available from the Office of the City Clerk.
40 All referenced attachments are on file in the Office of the City Clerk.
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