Loading...
HomeMy WebLinkAboutMinutes Council 120612------------------------~~--------~--- 1 CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING 4 December 6, 2012 5 6 The regular meeting was called to order at 7:01p.m. by Vice Mayor Premuroso. 7 I. PLEDGE OF ALLEGIANCE 8 II. ROLL CALL 9 PRESENT: Vice Mayor Premuroso, Council Member Russo, Council Member Jablin. 10 ABSENT: Council Member Tinsley. 11 III. ADDITIONS, DELETIONS, MODIFICATIONS 12 None. 13 IV. ANNOUNCEMENTS AND PRESENTATIONS 14 Finance Administrator, Allan Owens introduced Steve Alexander, PFM, Asset Management. 15 a. FISCAL YEAR 2012 INVESTMENT UPDATE-PFM ASSET MANAGEMENT. 16 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 17 Council Member Joseph Russo: Read into the record items by Council Member Tinsley: 18 Attended the opening of the Miami Children's Hospital, Honda Board meeting; the City's 19 Veterans Day event; the Mayor's Veterans Day Golf Classic; Chamber event with speaker, 20 Adam Putnam; Caroling event at Burns Road; BLAB meeting, Scripps Max Planck Institute; 21 PGA Corridor annual get-together; Council Member Tinsley attended the opening ofNutrition 22 Smart; Parks and Recreation Advisory Board meeting; attended and served as the Palm Beach 23 Gardens judge for the North Palm Boat Parade; attended the soccer closing ceremony; Big Heart 24 Brigade; the City tree lighting; Economic Development Board meeting; announced working with 25 Karen Marcus on resolution of the OIG lawsuit; wished everyone Happy Holidays. 26 Council Member Eric Jablin: Attended the tree lighting, complimented Mr. and Mrs. Claus 27 and staff; announced Midtown Hanukkah Candle Lighting Saturday; JCC Hanukkah Celebration 28 Sunday; attended the ribbon cutting at the Max Planck Institute; wished Happy Holidays to all. 29 Vice Mayor Robert Premuroso: Welcomed David Levy and County Commissioner Hal 30 Valeche; announced the Rooney golf tournament at PGA National; Historical Society meeting 31 and Holiday Event; announced Y AA Soccer had a successful year; wished all Happy Holidays. 32 VI. CITY MANAGER REPORT OIG Report; Open Sky; 40th Terrace and Sunset Drive 33 Survey Update. 34 VII. COMMENTS FROM THE PUBLIC 35 Commissioner Hal Valeche 125 Viera Drive, Palm Beach Gardens; Barbara Rosensweig 4871 36 Bonsai Circle #209, Palm Beach Gardens. 3 7 VIII. CONSENT AGENDA 38 a. APPROVE MINUTES FROM NOVEMBER 1, 2012 CITY COUNCIL MEETING. 39 b. RESOLUTION 62, 2012-TREVI AT THE GARDENS PLANNED UNIT DEVELOPMENT 40 (PUD) PLAT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH 41 GARDENS, FLORIDA APPROVING THE TREVI AT THE GARDENS PLANNED UNIT 42 DEVELOPMENT (PUD) PLAT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 43 PURPOSES. 44 c. RESOLUTION 64, 2012-SURPLUS AUCTION ITEMS. A RESOLUTION OF THE CITY 45 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA DECLARING 46 CERTAIN ITEMS OF PERSONAL PROPERTY AS SURPLUS PROPERTY AND 47 AUTHORIZING ITS SALE BY AUCTION; PROVIDING AN EFFECTIVE DATE; AND FOR 48 OTHER PURPOSES. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 12-06-12 PAGE 1 1 d. RESOLUTION 103,2012-RIGHT OF WAY TRANSFER FROM THE CITY TO FDOT. A 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 3 FLORIDA APPROVING A ROADWAY RIGHT-OF-WAY TRANSFER AGREEMENT 4 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR ONE (1) 5 PARCEL OF LAND; AUTHORIZING THE VICE MAYOR TO EXECUTE THE 6 AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 7 e. RESOLUTION 104, 2012-TOBACCO-FREE KIDS. A RESOLUTION OF THE CITY 8 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA URGING LOCAL 9 RETAILERS SELLING TOBACCO PRODUCTS TO REFRAIN FROM SELLING AND 10 MARKETING FLAVORED TOBACCO PRODUCTS, WHICH TEND TO PROMOTE AND 11 INFLUENCE UNDERAGE AND/OR YOUTHFUL CONSUMPTION; PROVIDING AN 12 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 13 Council Member Jab lin made a motion for approval of the Consent Agenda. 14 Council Member Russo seconded. 15 Motion passed 3-0. 16 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 17 Those preparing to give testimony were sworn in. 18 The City Clerk read Ordinance 27, 2012, by title. 19 a. ORDINANCE 27, 2012 -(1st READING) UPDATE THE CAPITAL IMPROVEMENTS 20 ELEMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH 21 GARDENS, FLORIDA ADOPTING AN AMENDMENT TO ITS COMPREHENSIVE 22 DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN 23 SECTIONS 163.3177 AND 163.3187, ET SEQ., FLORIDA STATUTES, PURSUANT TO A 24 CITY-INITIATED AMENDMENT WHICH PROVIDES FOR THE ANNUAL UPDATE TO 25 THE FIVE-YEAR CAPITAL IMPROVEMENTS SCHEDULE WITHIN THE CAPITAL 26 IMPROVEMENTS ELEMENT, INCLUDING REVISED TEXT NECESSARY TO UPDATE 27 TABULAR DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING THAT 28 THE TEXT AND DATA, AS AMENDED OR REVISED, SHALL BE SUBSTITUTED FOR 29 AND REPLACE THE EXISTING TEXT OR DATA IN THE CAPITAL IMPROVEMENTS 30 ELEMENT; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING 31 AGENCY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND 32 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 33 PURPOSES. 34 Vice Mayor Premuroso opened the Public Hearing. 35 Petitioner: None. 36 Staff presentation: Principal Planner, Richard Marrero. 37 Public comment: Rachel Kijewski 1224 16ih Avenue North, Lake Worth; Courtney Claar, 38 1134 19th Avenue North, Lake Worth. 39 Vice Mayor Premuroso closed the Public Hearing. 40 Council Member Jab lin made a motion for approval of Ordinance 27, 2012, 1st reading. 41 Council Member Russo seconded. 42 Motion passed 3-0. 43 The City Clerk read Ordinance 28, 2012 by title. , 44 b. ORDINANCE 28, 2012 -(2ND READING AND ADOPTION) REZONE THE EXISTING 45 MCDONALD'S PROPERTY. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 46 OF PALM BEACH GARDENS, FLORIDA. AN ORDINANCE OF THE CITY COUNCIL OF 47 THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN REAL 48 PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BEACH CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 12-06-12 PAGE 2 1 GARDENS, CONSISTING OF ONE (1) PARCEL OF REAL PROPERTY TOTALING 1.01 2 ACRES IN SIZE, MORE OR LESS, LOCATED ON TIIE NORTHWEST CORNER OF 3 NORTHLAKE BOULEVARD AND SUNRISE DRIVE, WITH A STREET ADDRESS OF 4 3805 NORTHLAKE BOULEVARD, TO BE KNOWN AS THE MCDONALD'S PUD; 5 PROVIDING THAT THIS PARCEL OF REAL PROPERTY, WHICH IS MORE 6 PARTICULARLY DESCRIBED HEREIN, SHALL BE. ASSIGNED THE CITY ZONING 7 DESIGNATION OF PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN 8 UNDERLYING ZONING ESIGNATION OF GENERAL COMMERCIAL (CG-1); 9 PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE 10 AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 11 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND 12 FOR OTHER PURPOSES. 13 RESOLUTION 98, 2012 IS A COMPANION ITEM TO ORDINANCE 28, 2012 14 AND WILL REQUIRE COUNCIL ACTION. 15 *RESOLUTION 98, 2012 -REZONE THE EXISTING MCDONALD'S PROPERTY. A 16 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 17 FLORIDA APPROVING THE MCDONALD'S PLANNED UNIT DEVELOPMENT (PUD) 18 WITH SITE PLAN AND MAJOR CONDITIONAL USE, AS MORE PARTICULARLY 19 DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF 20 APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTIIER PURPOSES. 21 Vice Mayor Premuroso opened the Public Hearing. 22 Petitioner: None. 23 Staff presentation: None. 24 Public comment: None. 25 Vice Mayor Premuroso closed the Public Hearing. 26 Council Member Jablin made a motion for approval of Resolution 98, 2012, on 2nd reading and 27 adoption. 28 Council Member Russo seconded. 29 Motion passed 3-0. 30 The City Clerk read Ordinance 30,2012 by title. 31 c. ORDINANCE 30, 2012 -(1st READING) COMPREHENSIVE PLAN TEXT 32 AMENDMENT. AN ORDINANCE OF TIIE CITY COUNCIL OF THE CITY OF PALM 33 BEACH GARDENS, FLORIDA ADOPTING A TEXT AMENDMENT TO ITS 34 COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES 35 SET FORTH IN CHAPTER 163, FLORIDA STATUTES, SPECIFICALLY SECTION 36 163.3184, ET SEQ., FLORIDA STATUTES, PURSUANT TO APPLICATION NO. CPTA-12- 37 10-000023, WHICH PROVIDES FOR AN AMENDMENT TO TIIE FUTURE LAND USE 38 ELEMENT AND HOUSING ELEMENT, TO PROVIDE MINOR UPDATES TO CERTAIN 39 TABULAR DATA, NOMENCLATURE, AND OTHER AMENDMENTS WHICH REVISE, 40 CLARIFY, AND PROVIDE FOR INTERNAL CONSISTENCY; PROVIDING FOR 41 COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; 42 PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC 43 OPPORTUNITY (DEO); PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 44 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND 45 FOR OTHER PURPOSES. 46 Vice Mayor Premuroso opened the Public Hearing. 4 7 Petitioner: None. 48 Staff presentation: Planning and Zoning Director, Natalie Crowley. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 12-06-12 PAGE 3 1 Public comment: None. 2 Vice Mayor Premuroso closed the Public Hearing. 3 Council Member Jab lin made a motion for approval of Ordinance 30, 2012, 1st reading. 4 Council Member Russo seconded. 5 Motion passed 3-0. 6 X. RESOLUTIONS 7 The City Clerk read Resolution 101, 2012 by title. 8 a. RESOLUTION 101, 2012 -LEASE BUY BACK OF TWO RESCUE UNITS FROM TEN-8 9 FIRE EQUIPMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 10 BEACH GARDENS, FLORIDA APPROVING THE LEASE PURCHASE/TURN-IN OF TWO 11 (2) RESCUE UNITS AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL 12 DOCUMENTS NECESSARY TO EFFECTUATE SAID LEASE PURCHASE AGREEMENT; 13 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 14 Petitioner: None. 15 Staff Presentation: Fire Chief, Peter Bergel. 16 Council Member Jablin made a motion for approval of Resolution 101, 2012. 17 Council Member Russo seconded. 18 Motion passed 3-0. 19 The City Clerk read Resolution 102, 2012 by title. 20 b. RESOLUTION 102, 2012 -LEASE BUY BACK OF ONE FIRE ENGINE FROM PIERCE 21 MANUFACTURING. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 22 BEACH GARDENS, FLORIDA APPROVING THE LEASEPURCHASE OF ONE (1) 2012 23 PIERCE IMPEL PUMPER FROM TEN-8 FIRE EQUIPMENT, INC., AN AUTHORIZED 24 DEALER FOR FIRE ENGINES IN THE STATE OF FLORIDA; AUTHORIZING THE CITY 25 MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE SUCH 26 LEASE PURCHASE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR 27 OTHER PURPOSES. 28 Petitioner: None. 29 Staff Presentation: Fire Chief, Peter Bergel 30 Council Member Jablin made a motion for approval of Resolution 102,2012. 31 Council Member Russo seconded. 32 Motion passed 3-0. 33 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION 34 a. UPDATE APPOINTMENTS TO EXTERNAL BOARDS/COMMITTEES. 35 -No Council action taken. 36 XII. CITY ATTORNEY REPORT 37 None. 38 39 (!'he remainder of this page intentionally left blank.) 40 41 42 43 44 45 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 12-06-12 PAGE 4 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 XIII. ADJOURNMENT Council Member Jablin made a motion to adjourn. Council MemberRusso seconded. Motion passed 3-0. The meeting adjourned at 8:33 p.m. The next regularly scheduled City Council meeting will be held January 10, 2013. APPROVED: &?:--------- Robert G. Premuroso, Vice Mayor 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 12-06-12 PAGE 5