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HomeMy WebLinkAboutMinutes Council 0504231 CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING 4 May 4, 2023 5 6 The regular meeting was called to order at 6:02 p.m. by Mayor Reed. 7 I. PLEDGE OF ALLEGIANCE 8 II. ROLL CALL 9 PRESENT: Mayor Reed, Vice Mayor Woods, Councilmember Tinsley, Councilmember 10 Premuroso, Councilmember Middleton. 11 ABSENT: None. 12 III. ADDITIONS, DELETIONS, MODIFICATIONS 13 None. 14 IV. ANNOUNCEMENTS AND PRESENTATIONS 15 a. PRESENTATION TO THE CITY OF PALM BEACH GARDENS CELEBRATING 50 YEARS 16 OF GOVERNANCE UNDER THE COUNCIL-MANAGER FORM OF GOVERNMENT AS 17 RECOGNIZED BY THE INTERNATIONAL CITY/COUNTY MANAGEMENT 18 ASSOCIATION (ICMA). 19 On behalf of the Florida City and County Management Association (FCCMA), Dr. Casey 20 Lucius, Assistant City Manager of Marco Island, presented the City of Palm Beach Gardens a 21 commemorative plaque for achieving 50 years of governance under the Council-Manager form 22 of government. City Manager, Ron Ferris was recognized for his 23 years of service to the 23 City and for serving as a professional City Manager for 33 years. Deputy City Manager, Lori 24 La Verriere was also recognized for her leadership as the 2022-2023 FCCMA President. 25 Pictures were taken with Councilmembers, FCCMA members, and staff. 26 V. COMMENTS FROM THE PUBLIC 27 None. 28 VI. CITY MANAGER REPORT 29 City Manager, Ron Ferris introduced Community Services Administrator/Director of 30 Emergency Management, David Reyes who reported on the City's emergency response actions 31 following the F2 Tornado occurring on Saturday, April 29, 2023, at 5:10 p.m. and lasting for 11 32 minutes with estimated peak winds of 130 mph. Discussion ensued. City Manager, Ron Ferris 33 complimented David Reyes and City staff for their dedication and the extraordinary job they do 34 in responding to emergency situations whenever they occur. 35 Public Media Relations Director, Candice Temple, shared Hurricane Preparedness Week is 36 the first week of May. The City's hurricane readiness outreach program includes the reissuance 37 of the "Storm Ready" magnets to residents, a video campaign airing throughout hurricane 38 season, preparedness messaging on the City's website homepage, a "Storm Ready" video airing 39 at the local theater and churches in June, A-frame signage at City buildings and parks, and a 40 vehicle magnet with a "Storm Ready" QR code will be on City vehicles. Discussion ensued. 41 City Manager, Ron Ferris provided status updates on the following City projects. The City has 42 hired a consultant, Kimley-Hom, to provide options on the Kyoto bridge widening. The Bums 43 Road Community Center modernization and expansion project is currently out for bid with a 44 closing date of May 26, 2023. The project is anticipated to begin in September 2023. The overall 45 site plan for the Oaks Park pickleball courts, parking lot expansion, and bathrooms has been 46 designed and approved. Construction is expected to begin in May 2023, and the goal is to 47 complete the project by early fall 2023. The Nest Par 3 Golf Facility is expected to have the 48 building Certificate of Occupancy in late May or early June 2023. The building and golf course CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 05-04-23 PAGE 1 1 opening is expected the first week of August 2023. Recent special events in the City include the 2 Oaks Park Butterfly Garden Grand Opening on March 3, 2023. The Miracle League Bankshot 3 Basketball Courts Ribbon Cutting and the Miracle League Baseball Opening Day took place on 4 March 30, 2023. The Glow with the Flow Egg Hunt occurred on March 31, 2023. He recognized 5 City Clerk, Patricia Snider, who is celebrating her 24-year anniversary with the City. A video 6 of Vice Mayor Woods was shown as he welcomed everyone to the Education Foundation of 7 Palm Beach County's Golf Tournament on April 20, 2023. 8 Mayor Reed, on behalf of the City Council, presented City Clerk, Patricia Snider with an 9 orchid to commemorate her 24 years with the City and recognized her dedicated performance. 10 She noted Professional Municipal Clerks Week occurs this month, and also thanked staff for 11 their hard work in helping the community clean up from the damage caused by the tornado. 12 VII. CONSENT AGENDA 13 Mayor Reed recognized Item e Proclamation -90th Anniversary of Palm Beach State College, 14 Item n Proclamation -Mental Health Awareness and Trauma Informed Care Month, and Item v 15 Proclamation -Professional Municipal Clerks Week. 16 a. APPROVE MINUTES FROM THE APRIL 5, 2023, CITY COUNCIL MEETING. 17 b. APPROVE MINUTES FROM THE APRIL 24, 2023, CITY COUNCIL SPECIAL MEETING. 18 c. RESOLUTION 26, 2023-PEDESTRIAN CROSSING RAPID FLASHING BEACON SIGNS. 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 20 FLORIDA, APPROVING THE LOCAL AGENCY PROGRAM (LAP) SUPPLEMENTAL 21 AGREEMENT NO. 1 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION 22 (FOOT) FOR THE CONSTRUCTION OF ACTIVATED IN-GROUND RECTANGULAR 23 RAPID FLASHING BEACONS, FLASH WARNING, AND STATIC REGULATORY SIGNS 24 AT 12 EXISTING SCHOOUPEDESTRIAN CROSSINGS AT VARIOUS LOCATIONS IN 25 THE CITY IN THE AMOUNT OF $887,784.00; PROVIDING AN EFFECTIVE DATE; AND 26 FOR OTHER PURPOSES. 27 d. RESOLUTION 27, 2023 -FLORIDA POWER AND LIGHT COMPANY RYDER 28 SUBSTATION REPLAT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 29 PALM BEACH GARDENS, FLORIDA, APPROVING THE PLAT FOR FLORIDA POWER 30 AND LIGHT COMPANY RYDER SUBSTATION PLANNED UNIT DEVELOPMENT (PUD); 31 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 32 e. PROCLAMATION-90TH ANNIVERSARY OF PALM BEACH STATE COLLEGE. 33 f. PROCLAMATION -ASIAN AMERICAN, NATIVE HAWAIIAN AND PACIFIC ISLANDER 34 HERITAGE MONTH. 35 g. PROCLAMATION-BETTER HEARING MONTH. 36 h. PROCLAMATION -CIVILITY MONTH. 37 i. PROCLAMATION-DROWNING PREVENTION AWARENESS MONTH. 38 j. PROCLAMATION-EMERGENCY MEDICAL SERVICES WEEK. 39 k. PROCLAMATION-GUARDIAN AD LITEM MONTH. 40 I. PROCLAMATION -HEPATITIS AWARENESS MONTH. 41 m. PROCLAMATION-KIDS TO PARKS DAY. 42 n. PROCLAMATION -MENTAL HEAL TH AWARENESS AND TRAUMA INFORMED CARE 43 MONTH. 44 o. PROCLAMATION-NATIONAL BIKE AND BICYCLE SAFETY MONTH. 45 p. PROCLAMATION-NATIONAL MISSING CHILDREN'S DAY. 46 q. PROCLAMATION -NATIONAL POLICE WEEK. 47 r. PROCLAMATION-NATIONAL PUBLIC WORKS WEEK. 48 s. PROCLAMATION-NATIONAL SAFE BOATING WEEK. 49 t. PROCLAMATION -NATIONAL TENNIS MONTH. 50 u. PROCLAMATION-NO PLACE FOR HATE DAY. 51 v. PROCLAMATION-PROFESSIONAL MUNICIPAL CLERKS WEEK. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 05-04-23 PAGE 2 1 w. PROCLAMATION -TEACHER APPRECIATION WEEK. 2 x. PROCLAMATION-TRAUMA AWARENESS MONTH. 3 y. PROCLAMATION -WATER REUSE WEEK. 4 Councilmember Tinsley made a motion to approve the Consent Agenda. 5 Councilmember Middleton seconded. 6 Motion passed 5-0. 7 VIII. PUBLIC HEARINGS: {*Designates Quasi-Judicial Hearing) 8 Those preparing to give testimony were sworn in. 9 The City Clerk read Ordinance 4, 2023 by title. 10 a. ORDINANCE 4, 2023 -(1 5T READING) CITY-INITIATED LAND DEVELOPMENT 11 REGULATIONS AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 12 OF PALM BEACH GARDENS, FLORIDA, AMENDING CHAPTER 78. LAND 13 DEVELOPMENT REGULATIONS. AT SECTION 78-57. TARGETED EXPEDITED 14 PERMITTING PROGRAM. BY REPEALING SUBSECTIONS (a), (b), AND (c), 15 READOPTING SAME, AS REVISED, AND BY ADOPTING NEW SUBSECTION (d); 16 FURTHER AMENDING CHAPTER 78. BY ADOPTING NEW SECTION 78-59. 17 WORKFORCE AND AFFORDABLE HOUSING PROGRAM; FURTHER AMENDING 18 CHAPTER 78. AT SECTION 78-99. EXEMPTIONS AND CREDITS. BY REPEALING 19 SUBSECTIONS (b), (c), AND (d), READOPTING SAME, AS REVISED, AND BY 20 ADOPTING NEW SUBSECTION (e); FURTHER AMENDING CHAPTER 78. AT SECTION 21 78-141. RESIDENTIAL ZONING DISTRICT REGULATIONS. BY AMENDING TABLE 10: 22 PROPERTY DEVELOPMENT REGULATIONS-RESIDENTIAL ZONING DISTRICTS 23 AND BY ADOPTING NEW NOTE 11 TO TABLE 10; FURTHER AMENDING CHAPTER 24 78. AT SECTION 78-154. PUD-PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT. 25 BY REPEALING SUBSECTIONS (g)(1), (g)(2), AND (g)(4), READOPTING SAME, AS 26 REVISED, AND BY AMENDING TABLE 13: PUD RESIDENTIAL DENSITY LIMITS; 27 FURTHER AMENDING CHAPTER 78. AT SECTION 78-155. PCD-PLANNED 28 COMMUNITY DEVELOPMENT OVERLAY DISTRICT (PCD). BY REPEALING 29 SUBSECTIONS (e)(1) AND (g), READOPTING SAME, AS REVISED, AND BY 30 AMENDING TABLE 15: MAXIMUM RESIDENTIAL DENSITY IN PCDS; FURTHER 31 AMENDING CHAPTER 78. AT SECTION 78-157. MXD-MIXED USE DEVELOPMENT 32 DISTRICT. BY REPEALING SUBSECTION (a) AND READOPTING SAME, AS REVISED; 33 FURTHER AMENDING CHAPTER 78. AT SECTION 78-159. PERMITTED USES, MINOR 34 AND MAJOR CONDITIONAL USES, AND PROHIBITED USES. BY ADOPTING NEW 35 SUBSECTION U)(78) AND AMENDING TABLE 21: PERMITTED, CONDITIONAL, AND 36 PROHIBITED USE CHART; FURTHER AMENDING CHAPTER 78. AT SECTION 78-181. 37 USES. BY REPEALING SUBSECTION (c)(8), READOPTING SAME, AS REVISED, AND 38 BY ADOPTING NEW SUBSECTION (c)(9); FURTHER AMENDING CHAPTER 78. AT 39 SECTION 78-222. TRANSIT ORIENTED DEVELOPMENT (TOD) OVERLAY DISTRICT. 40 BY REPEALING SUBSECTION (f)(5), AND READOPTING SAME, AS REVISED; 41 PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF 42 CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT 43 AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 44 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR 45 OTHER PURPOSES. 46 Mayor Reed opened the Public Hearing for Ordinance 4, 2023. 47 Petitioner presentation: Not applicable. 48 Staff presentation: Assistant Director of Planning and Zoning, Joann Skaria. 49 Staff recommended approval of Ordinance 4, 2023 on 1st reading. 50 Public comment: Jack Weir, 5604 PGA Boulevard, Palm Beach Gardens, Florida 33418; Joey 51 Eichner, 4440 PGA Boulevard, Palm Beach Gardens, Florida 33418. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 05-04-23 PAGE 3 1 Mayor Reed closed the Public Hearing . 2 Councilmember Tinsley made a motion to approve Ordinance 4 , 2023 on 1st reading. 3 Councilmember Premuroso seconded . 4 Mayor Reed brought the item back for discussion. Discussion ensued. 5 Motion passed 5-0. 6 The City Clerk read Ordinance 6, 2023 by title. 7 b. ORDINANCE 6, 2023 -(2ND READING AND ADOPTION) BUDGET AMENDMENT FOR 8 FISCAL YEAR 2023. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 9 BEACH GARDENS, FLORIDA, AMENDING THE CITY OF PALM BEACH GARDENS' 10 BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2022 , AND ENDING 11 SEPTEMBER 30, 2023, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE, A 12 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE 13 DATE; AND FOR OTHER PURPOSES . 14 Mayor Reed opened the Public Hearing for Ordinance 6, 2023 . 15 Petitioner presentation: Not applicable. 16 Staff presentation: None. No changes since 1st reading. 17 Staff recommended approval of Ordinance 6, 2023 on 2nd reading and adoption. 18 Public comment: None. 19 Mayor Reed closed the Public Hearing. 20 Councilmember Premuroso made a motion to approve Ordinance 6 , 2023 on 2nd reading and 21 adoption. 22 Vice Mayor Woods seconded. 23 Mayor Reed brought the item back for discussion. No discussion. 24 Motion passed 5-0. 25 The City Clerk read Resolution 24, 2023 by title. 26 c. *RESOLUTION 24, 2023 -OSPREY ISLES PLANNED UNIT DEVELOPMENT. A 27 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 28 FLORIDA, APPROVING AN AMENDMENT TO THE OSPREY ISLES PLANNED UNIT 29 DEVELOPMENT (PUD) TO REMOVE 3.36 ACRES FROM THE APPROXIMATELY 30 101 .36-ACRE PUD FOR A NEW PUD ACREAGE OF 98 ACRES, MORE OR LESS , THE 31 SUBJECT SITE BEING GENERALLY LOCATED ON THE NORTH SIDE OF NORTHLAKE 32 BOULEVARD APPROXIMATELY 1.27 MILES EAST OF COCONUT BOULEVARD, AS 33 MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF 34 APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . 35 Mayor Reed opened the Public Hearing for Resolution 24, 2023. 36 Mayor Reed asked for ex parte communication. 37 No ex parte communication declared. 38 Petitioner presentation: Not applicable. 39 Staff presentation: Planning Manager, Martin Fitts. 40 Staffrecommenqed approval of Resolution 24 , 2023. 41 Public comment: None. 42 Mayor Reed closed the Public Hearing. 43 Councilmember Middleton made a motion to approve Resolution 24, 2023. 44 Councilmember Tinsley seconded. 45 Mayor Reed brought the item back for discussion. Discussion ensued. 46 Motion passed 5-0. 47 The City Clerk read Ordinance 7, 2023 by title. 48 d. ORDINANCE 7, 2023 -(1 8T READING) SMALL-SCALE AMENDMENT TO THE 49 COMPREHENSIVE PLAN . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 05-04-23 PAGE 4 1 PALM BEACH GARDENS, FLORIDA, ADOPTING A SMALL-SCALE AMENDMENT TO 2 THE COMPREHENSIVE PLAN FUTURE LAND-USE MAP IN ACCORDANCE WITH THE 3 MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES, PURSUANT TO 4 APPLICATION NO. CPSS-21-09-000019 IN ORDER TO CHANGE THE LAND-USE 5 DESIGNATION OF A PARCEL ON 9.88 ACRES IN SIZE, MORE OR LESS, FROM 6 PROFESSIONAL OFFICE (PO) AND RESIDENTIAL MEDIUM (RM) TO RESIDENTIAL 7 LOW (RL), THE SUBJECT PROPERTY BEING GENERALLY LOCATED ON THE 8 NORTHWEST CORNER OF THE INTERSECTION OF NORTHLAKE BOULEVARD AND 9 MEMORIAL PARK ROAD; PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS 10 OF CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO THE 11 FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO); PROVIDING THAT 12 THE FUTURE LAND-USE MAP OF THE CITY OF PALM BEACH GARDENS BE 13 AMENDED ACCORDINGLY ; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 14 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR 15 OTHER PURPOSES. 16 Mayor Reed read the following into the record: 17 Tonight Ordinance 7 and Ordinance 8 will be a combined presentation. Since Ordinance 8 is 18 quasi-judicial we will declare ex-parte at this time. The Clerk will read the titles separately for 19 each and there will be a separate vote for Ordinance 7 and for Ordinance 8 on 1st reading. 20 Mayor Reed asked for ex parte communication. 21 No ex parte communication declared. 22 Mayor Reed opened the Public Hearing for Ordinance 7, 2023 . 23 Petitioner presentation: Brian Terry, Insite Studio. 24 Staff presentation: None. 25 Staff recommended approval of Ordinance 7, 2023 on 1st reading . 26 Public comment: None. 27 Mayor Reed closed the Public Hearing. 28 Councilmember Premuroso made a motion to approve Ordinance 7, 2023 on pt reading. 29 Vice Mayor Woods seconded. 30 Mayor Reed brought the item back for discussion. Discussion ensued. 31 Motion passed 5-0. 32 The City Clerk read Ordinance 8, 2023 by title. 33 e . *ORDINANCE 8, 2023-(1 5 T READING) A PLANNED UNIT DEVELOPMENT REZONING. 34 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 35 FLORIDA, REZONING CERTAIN PARCELS OF REAL PROPERTY, BEING COMPRISED 36 OF 43.41 ACRES IN SIZE, MORE OR LESS, AND CONSISTING OF THREE (3) 37 PARCELS, TWO (2) OF WHICH COMPRISE 13.24 ACRES, MORE OR LESS, AND HAVE 38 A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH A MIX OF UNDERLYING 39 ZONING CONSISTING OF RESIDENTIAL LOW (RL-3), RESIDENTIAL MEDIUM (RM), 40 AND PROFESSIONAL OFFICE (PO), WITH THE THIRD PARCEL COMPRISING 30.17 41 ACRES, MORE OR LESS, AND BEING ZONED ENTIRELY RL-3, TO PUD OVERLAY 42 WITH AN UNDERLYING ZONING OF RL-3 SO THAT THE ENTIRE 43.41 ACRES, MORE 43 OR LESS, SHALL BE UNIFIED IN ONE (1) PUD OVERLAY, SUCH PARCELS BEING 44 GENERALLY LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD, 45 APPROXIMATELY 1.3 MILES EAST OF COCONUT BOULEVARD; PROVIDING THAT 46 THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED 47 ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND 48 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 49 PURPOSES. 50 Mayor Reed asked for ex parte communication. 51 No ex parte communication declared. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 05-04-23 PAGE 5 1 Mayor Reed opened the Public Hearing for Ordinance 8, 2023 . 2 Petitioner presentation: Brian Terry, Insite Studio. 3 Staff presentation: None . 4 Staff recommended approval of Ordinance 8, 2023 on 1st reading . 5 Public comment: None. 6 Mayor Reed closed the Public Hearing. 7 Vice Mayor Woods made a motion to approve Ordinance 8, 2023 on 1st reading. 8 Councilmember Middleton seconded. 9 Mayor Reed brought the item back for discussion. No further discussion. 10 Motion passed 5-0. 11 RESOLUTION 25, 2023 IS A COMPANION ITEM TO ORDINANCE 8, 2023 AND WILL 12 REQUIRE COUNCIL ACTION ON SECOND READING. 13 *RESOLUTION 25, 2023 -A MAJOR CONDITIONAL USE APPROVAL. A RESOLUTION OF 14 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING 15 THE STAR OF DAVID PLANNED UNIT DEVELOPMENT (PUD) WITH A CONDITIONAL USE 16 APPROVAL FOR A CEMETERY USE CONSISTING OF 43.41 ACRES, MORE OR LESS, 17 LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF NORTHLAKE 18 BOULEVARD AND MEMORIAL PARK ROAD, AS MORE PARTICULARLY DESCRIBED 19 HEREIN ; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . 20 The City Clerk read Ordinance 9, 2023 by title . 21 f. ORDINANCE 9, 2023-(2No READING AND ADOPTION) CITY-INITIATED INVOLUNTARY 22 ANNEXATION OF 16 PARCELS ON WEST NORTHLAKE BOULEVARD. AN ORDINANCE 23 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, 24 ANNEXING A CONTIGUOUS AND COMPACT AREA OF UNINCORPORATED REAL 25 PROPERTY COMPRISING A TOTAL OF 301.64 ACRES, MORE OR LESS, IN 26 ACCORDANCE WITH SECTION 171.0413, FLORIDA STATUTES, SUCH PARCELS 27 BEING GENERALLY LOCATED ON THE SOUTH SIDE OF NORTHLAKE BOULEVARD 28 BETWEEN 120TH AVENUE NORTH AND GRAPEVIEW BOULEVARD, AND ON THE 29 NORTH SIDE OF NORTHLAKE BOULEVARD BETWEEN 130TH AVENUE NORTH AND 30 AVOCADO BOULEVARD , AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING 31 ARTICLE II OF THE CITY CHARTER TO REDEFINE THE CORPORATE LIMITS 32 PURSUANT TO INVOLUNTARY ANNEXATION; PROVIDING FOR TRANSMITTAL TO 33 THE FLORIDA DEPARTMENT OF STATE, THE FLORIDA GOVERNOR'S OFFICE, AND 34 PALM BEACH COUNTY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 35 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR 36 OTHER PURPOSES. 37 Mayor Reed opened the Public Hearing for Ordinance 9, 2023. 38 Petitioner presentation: Not applicable. 39 Staff presentation: None. No changes since 1st reading. 40 Staff recommended approval of Ordinance 9, 2023 on 2nd reading and adoption. 41 Public comment: Jeff Williams, 2121 SW Racquet Club Drive, Palm City , Florida 34990; 42 Jacob Gerb, 431 Fairway Drive #201 , Deerfield Beach, Florida 33441 ; Ramona Bean, 5439 43 Cicada Way , Palm Beach Gardens, Florida 33418; Joey Eichner, 4440 PGA Boulevard, Palm 44 Beach Gardens, Florida 33418; Donaldson Hearing, 1934 Commerce Lane #1, Jupiter, Florida 45 33458. 46 Mayor Reed closed the Public Hearing . 47 Vice Mayor Woods made a motion to approve Ordinance 9, 2023 on 2nd reading and adoption. 48 Councilmember Middleton seconded. 49 Mayor Reed requested City Attorney, R. Max Lohman to comment on Ordinance 9, 2023 . CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 05-04-23 PAGE 6 1 City Attorney, R. Max Lohman, referencing the single parcel ofland owned by DKC Coconut 2 Crossing, encouraged the Council to proceed with the adoption of Ordinance 9, 2023 and 3 provided further explanation, noting all the legal precedents have been met in accordance with 4 Chapter 171 of the Florida Statutes. 5 Mayor Reed brought the item back for discussion. Discussion ensued. 6 Motion passed 5-0. 7 The City Clerk read Resolution 22, 2023 by title. 8 g. *RESOLUTION 22, 2023 -SITE PLAN AND MAJOR CONDITIONAL USE APPROVAL. A 9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 10 FLORIDA, APPROVING A SITE PLAN AND MAJOR CONDITIONAL USE FOR A 600- 11 STUDENT CHARTER SCHOOL ON APPROXIMATELY 7.26 ACRES, MORE OR LESS, 12 WITHIN THE RESIDENTIAL PARCEL (PARCEL A) OF THE AVENIR PLANNED 13 COMMUNITY DEVELOPMENT (PCD), THE SUBJECT SITE BEING GENERALLY 14 LOCATED ON THE SOUTH SIDE OF AVENIR DRIVE AND APPROXIMATELY 1,500 FEET, 15 MORE OR LESS, WEST OF THE INTERSECTION OF AVENIR DRIVE AND COCONUT 16 BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING 17 CONDITIONS OF APPROVAL; PROVIDING WAIVERS; PROVIDING AN EFFECTIVE 18 DATE; AND FOR OTHER PURPOSES. 19 Mayor Reed opened the Public Hearing for Resolution 22, 2023. 20 Mayor Reed asked for ex parte communication. 21 No ex parte communication declared. 22 Petitioner presentation: Ken Tuma, Urban Design Studio; Marla Devitt, Director of 23 Operations and Strategic Initiatives, Academica on behalf of Somerset Academy, Inc.; William 24 Tagle, National Director of Safety and Security, Academica on behalf of Somerset Academy, 25 Inc. 26 Staff presentation: None. 27 Staff recommended approval of Resolution 22, 2023. 28 Public comment: None. 29 Mayor Reed closed the Public Hearing. 30 Vice Mayor Woods made a motion to approve Resolution 22, 2023. 31 Councilmember Middleton seconded. 32 Mayor Reed brought the item back for discussion. Discussion ensued. 33 Motion passed 5-0. 34 The City Clerk read Resolution 23, 2023 by title. 35 h. *RESOLUTION 23, 2023 -GARDENS BUSINESS CENTER SITE PLAN. A RESOLUTION 36 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, 37 AMENDING THE GARDENS BUSINESS CENTER SITE PLAN (PARCELS 27.05 AND 38 27.06) OF THE REGIONAL CENTER PLANNED COMMUNITY DEVELOPMENT (PCD} TO 39 PERMIT THE CONSTRUCTION OF A 5,871-SQUARE-FOOT RETAIL BUILDING ON A 40 1.36-ACRE PARCEL, GARDENS BUSINESS CENTER BEING GENERALLY LOCATED 41 ON THE NORTH SIDE OF PGA BOULEVARD AND INCLUDING PARCELS EAST AND 42 WEST OF MINSK GARDENS BOULEVARD, AS MORE PARTICULARLY DESCRIBED 43 HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS; 44 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 45 Mayor Reed opened the Public Hearing for Resolution 23, 2023. 46 Mayor Reed asked for ex parte communication. 47 No ex parte communication declared. 48 Petitioner presentation: Ken Tuma, Urban Design Studio; Jeffrey Baer, Vice President of 49 Construction and Facilities, Diamonds Direct. 50 Staff presentation: None . CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 05-04-23 PAGE 7 1 Staff recommended approval of Resolution 23, 2023. 2 Public comment: None. 3 Mayor Reed closed the Public Hearing. 4 Councilmember Middleton made a motion to approve Resolution 23, 2023. 5 Vice Mayor Woods seconded. 6 Mayor Reed brought the item back for discussion. Discussion ensued. 7 Motion passed 5-0. 8 IX. RESOLUTIONS 9 The City Clerk read Resolution 17 , 2023 by title. 10 a. RESOLUTION 17, 2023 -APPOINTMENTS TO THE POLICE PENSION BOARD. A 11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , 12 FLORIDA, APPROVING THE APPOINTMENT OF TWO (2) RESIDENT TRUSTEES TO 13 THE CITY OF PALM BEACH GARDENS' POLICE OFFICERS' PENSION BOARD; 14 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 15 Petitioner presentation: Not applicable . 16 Staff presentation: Finance Administrator, Arienne Panczak. 17 Public comment: None. 18 Councilmember Premuroso made a motion to approve Resolution 17, 2023 with the 19 reappointment of Brad Seidensticker and Sean O'Brien. 20 Councilmember Tinsley seconded. 21 Mayor Reed brought the item back for discussion . Discussion ensued. 22 Motion passed 5-0. 23 X. ITEMS FOR COUNCIL ACTIONffiISCUSSION AND ITEMS OF INTEREST: 24 Councilmember Tinsley, on behalf of Councilmembers , thanked City Clerk, Patricia 25 Snider, for her many years of service and the amazing job she does. 26 City Clerk, Patricia Snider, thanked Councilmembers for the orchid and all their kind words. 27 Mayor Reed thanked staff for their extraordinary work as a team in everything the City 28 manages . 29 XI. CITY ATTORNEY REPORT 30 None. 31 32 33 (The remainder of this page intentionally left blank) 34 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 05-04-23 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 8:21 p.m. The next regularly scheduled City Council meeting will be held on June 1, 2023. APPROVED: ATTEST: City Clerk _,......,-=,Mayor Jw.Uca:/4 Carl W. Woods, Vice Mayor ~y, Councilmember c___----_ Dana P. Middleton, 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 COUNCIL MEETING 05-04-23 PAGE 9