HomeMy WebLinkAboutMinutes Council 050604CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
May 6, 2004
The May 6, 2004 Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 7:09 P.M. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, and opened
with the pledge of allegiance.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Jablin, Vice Mayor Russo, Councilmember Clark,
Councilmember Delgado, and Councilmember Levy.
ANNOUNCEMENTS / PRESENTATIONS:
MacArthur Boulevard Beautification Project Update - City Civil Engineer Todd Engle
provided an update on this project, proposed to include traffic light modifications,
enhancements to the Banyan Tree PUD, median cuts, on -street parking, and beautification of
the roadway from Northlake Boulevard to the Erman River. Vice Mayor Russo requested a
letter of thanks be sent to Commissioner Marcus for the monies provided by the County for
this project.
Proclamation — Municipal Clerk Week - Mayor Jablin announced this proclamation.
Proclamation — Civility Month - Mayor Jablin read this proclamation into the record.
Proclamation — Public Works Week - Mayor Jablin announced this proclamation.
Proclamation — Police Memorial Week — May 15, 2004 - Mayor Jablin announced this
proclamation.
ITEMS OF RESIDENT INTEREST:
Councilmember Levy reported the Mayor had attended his daughter's second grade class
party and answered the children's questions. Vice Mayor Russo reported he had attended the
anniversary of St. Mark's Episcopal School. Vice Mayor Russo commented on that day's
newspaper article regarding Scripps and Centex, and stressed that the commercial and
residential must be built at the same time. The City Manager advised staff would meet with
Centex the next day and would convey this concern. Mayor Jablin announced that the wife of
a good friend of the City Council, Attorney Larry Smith, was suffering from leukemia and
asked if anyone would be willing to provide bone marrow.
CITY MANAGER REPORT:
City Engineer Dan Clark provided an update on widening PGA Boulevard, indicating
Mirasol had provided a plan which was now under review by DOT. The plan followed what
was approved six years ago but also provided for full signalization for six lanes. Mr. Clark
indicated that DOT review would be completed in about a week. Concerns were construction
timing and getting traffic into the new shopping center expeditiously. Mayor Jablin stated he
was submitting for the record a letter from PGA Property Owners Association and a petition
signed by many PGA National residents.
COMMENTS FROM THE PUBLIC:
Carol Estrada, 309 Riverside Drive, expressed excitement to see beautification going forward
on MacArthur Boulevard. Ms. Estrada requested that a staff member act as liaison to
Gardens United. Ms. Estrada indicated she had received information that the Council had not
had representation at the Palm Beach County League of Cities for the past two months.
Councilmember Delgado indicated that was incorrect since she had attended that day.
Ron Meek thanked the Mayor and Council for their efforts on the PGA Boulevard widening
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/6/04 2
and requested they continue to work to get a safety, security, and sound wall along the north
side of the roadway and not to allow construction west of Beeline Highway until that was
accomplished.
Joan Elias, 1009 Diamondhead, PGA National, thanked the City for their efforts on the PGA
Boulevard widening
Adrian Salee reported there had been an article in today's sports section of The Palm Beach
Post regarding the Palm Beach Gardens Model Yacht Squadron. Jerry Goul, founder of the
group, was recognized.
Amir Kanel, President of Board of Steeplechase, reported he attended a public hearing on the
gas line proposed to extend from the Bahamas through Riviera Beach and the south end of
Palm Beach Gardens. He had submitted Steeplechase's official opposition because of safety
issues for residents of Steeplechase, and requested the City's support for that opposition.
Discussion ensued. Consensus was to issue a resolution in opposition to this project.
CONSENT AGENDA: Councilmember Clark made a motion to approve the consent
agenda. Councilmember Delgado seconded the motion, which carried by unanimous 5-0
vote.
a. Consideration of approving Minutes from the April 1, 2004 Regular City Council
Meeting.
b. Resolution 85, 2004 - Temple Judea Plat. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving the Temple Judea of Palm Beach
County Plat; and providing and effective date.
c. Resolution 93, 2004 - Contract award to D.S. Eakins Construction Corporation for
construction related to Golf Course Water Interconnect. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving a work authorization
to D.S. Eakins construction Corporation, based on its existing Annual Public Works
contract, for a connection to the City of West Palm Beach water system; and
providing an effective date.
d. Resolution 96, 2004 — Co -location and ground lease approving the City's use of the
tower owned by Omnipoint Holding. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida authorizing the City Manager to execute an Option
Agreement and Ground Lease Agreement with Consent of a Co -Location Agreement
with Omnipoint Holdings, Inc., D/B/A T -Mobile; and providing an effective date.
e. Resolution 100, 2004 - Northlake Square West Plat. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving the Northlake Square
West Plat; and providing an effective date.
f. Resolution 101, 2004 - Application for 50/50 match grant funding through Keep
Palm Beach County Beautiful, Inc. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida, supporting the submission of an application for grant
funding through Keep Palm Beach County Beautiful, Inc. for median beautification
on Northlake Boulevard from Green Meadows Way West to the Florida Turnpike
overpass; and providing an effective date.
g. Resolution 102, 2004 - Award of Annual Public Works Contracts. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida awarding annual Public
Works contracts to B&B Underground Contractors, Chaz Equipment Company,
Construction Technology, D.S. Eakins Construction Corporation, Dunworth
Construction and Murray Logan Construction, based on bids received for the annual
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/6/04 3
Public Works contract invitation to bid, for services related to installation and/or
maintenance of municipal infrastructures; and providing an effective date.
h. Criminal Justice Commission Byrne Formula Grant Program Fund. Funding for an
Automated Fingerprint Identification System was allocated to the City of Palm Beach
Gardens for 75% grant funds ($89,700), and 25% matching funds ($29,900) from the
General Fund. This allows latent fingerprints from crime scenes to be searched
electronically against the local and state-wide database for quick identification of
possible matches.
PUBLIC HEARINGS:
PART I — QUASI-JUDICIAL
Quasi -Judicial procedures were reviewed by Mayor Jablin and by the City Attorney. The City
Clerk swore in all those intending to offer testimony in any of these cases.
Resolution 78.2004 — Consider approval of an amendment to Westwood Gardens/Westwood
Lakes Planned Unit Development. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving amendments to the Westwood Gardens/Westwood Lakes
Planned Unit Development (PUD) consisting of two professional office buildings containing
a total of 28,282 square feet to be located at the Southeast corner of Hood Road and Interstate
95, as more particularly described herein; providing for waivers; providing for conditions of
approval; and providing an effective date. Mayor Jablin declared the public hearing open,
held on the intent of Resolution 78, 2004. The City Clerk read Resolution 78, 2004 by title
only. The following ex -parte communication was reported: Councilmember Levy met with
staff, Councilmember Delgado met with staff, Councilmember Clark had no ex -parte
communication, Vice Mayor Russo met with staff, Mayor Jablin met with staff with the
petitioner present. Planner Jackie Holloman presented the project. The applicant spoke
regarding the project. Dr. Carol Fishbein, 116 Palm Point Circle, questioned the spacing
required from residential homes to the street. Charles Wu explained the access situation.
Terry Pretruzzi, 11772 Woodmill, expressed concern regarding the safety of the children
with increased traffic volume and no sidewalks. Michael Posner, 4420 Beacon Circle, West
Palm Beach, representative for the Westwood Gardens and Westwood Lakes Homeowners
Association, indicated lighting, traffic calming features, and shared parking were being
considered to protect the residents. Hearing no further comments from the public, Mayor
Jablin declared the public hearing closed. Councilmember Clark made a motion to approve
Resolution 78, 2004. Councilmember Delgado seconded the motion. During discussion of
the motion, Councilmember Russo stated his position that he could not vote for this unless he
knew everything had been done to protect the residents. Councilmember Delgado indicated
she had not seen children playing in the road and they were already talking about adding
traffic calming features. Councilmember Levy indicated he was not comfortable passing
something that still seemed to be in negotiations. Staff reported the City Engineer had issued
a statement that this was in compliance with DOT standards and safety standards. Motion
carried 4-1 with Vice Mayor Russo opposed.
Ordinance 13.2004 — Borland Center for Community Enrichment. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida relating to rezoning; providing for the
rezoning of a parcel of land consisting of 47 acres, more or less, located along the North side
of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as described
more particularly herein, from Planned Development area (PDA) to a Mixed Use Planned
4 CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/6/04 4
Unit Development (MXD PUD) overlay with an underlying zoning of mixed use (MXD) to
be known as the Palm Beach Community Church/Borland Center PUD; revising the zoning
district map; and providing an effective date — for consideration of first reading. The City
Clerk read Ordinance 13, 2004 by title only. Mayor Jablin declared the public hearing open
held on the intent of Ordinance 13, 2004. Ex -parte communication: Councilmember Levy
met with staff, and Ray Underwood, and Casey Cummings, regarding the flagpole, site plan,
and upland protection area, and met with Roma Josephs regarding the flagpole.
Councilmember Delgado met with Casey Cummings along with staff, spoke to Adrian Salee,
and spoke with Chuck Hathaway. Vice Mayor Russo spoke with Dr. Underwood, Casey
Cummings, Dr. Orman, and Chuck Hathaway regarding the site plan and plan, as well as
numerous other residents, probably not on particulars of the project, and met with staff.
Councilmember Clark reported this had been discussed at the 2002 Election Voter Forums;
he had also spoken with Hank Gonzalez, Casey Cummings, Don Hearing, Ray Royce, Ray
Underwood, Dr. Richard Orman, Vito DeFrancesco, Walt Schmid, Paul Auerbach, Ralph
Armstrong, and Adrian Salee, regarding design issues, traffic impact, concern regarding
height of the Borland Center. Councilmember Delgado spoke to Ralph Armstrong and Walt
Schmid and met with staff on the new site plan. Mayor Jablin reported speaking with Hank
Gonzalez, Ray Royce, Casey Cummings, Ray Underwood, Don Hearing, staff, Vito
DeFrancesco, Roma Josephs, Bob Kaplin, Chuck Hathaway, Walt Schmid, and Adrian Salee.
Because this project had been discussed within the community for the past 2-1/2 years it was
difficult to recall all communications. The City Attorney indicated the Council had disclosed
their contacts and what was discussed to the best of their ability and so had met the intent of
disclosure of ex -parte communications. The City Clerk swore in those who had not been
previously sworn to offer testimony on this petition. Senior Planner Kara Irwin announced
she would present the application on behalf of herself, Growth Management Administrator
Charles Wu, and Planning and Zoning Division Director Talal Benothman, and submitted
their qualifications and resumes into the record. Ms. Irwin indicated that companion
Resolution 92, 2004 would also be discussed. The entire project file was submitted for public
review. Ms. Irwin announced the following items had been received for the record: a letter
from the BallenIsles Community Association in opposition and a letter in response to that
from Casey Cummings of RAM Development; e-mail from Gale and Carol Lawrence in
opposition; a letter in support from Ian Abrams; a memo from Craig Kunkle, Planning and
Zoning Commission Chairman stating that Board's position on certain aspects of this project.
Ms. Irwin indicated that there had been many letters and communications from residents over
the years on this project including FICA, Vito De Francesco, PGA Property Owners
Association, Gale and Carol Lawrence, PGA Corridor Residents Coalition, Gardens of
Woodberry Board of Directors, Woodberry Lakes HOA, Shady Lakes HOA, Oaks East
HOA, Woodland Lakes Condominium Association, Garden Isles HOA, Beaumont HOA,
Garden Lakes HOA, Bent Tree HOA, and a letter from Kent Kolinski and Claire Holmes.
Ms. Irwin presented the application for Ordinance 13, 2004, and also presented
Resolution 92, 2004 — Borland Center for Community Enrichment. (Resolution 92, 2004 is a
companion item to Ordinance 13, 2004 and will require Council action at second reading.) A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a
waiver of the residential requirement within a mixed use project to allow for a mixed use
Planned Unit Development (PUD) utilizing non-residential mixed use intensities and
measures; approving the master development plan for the approximately 47 -acre property,
0 CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/6/04 5
known as the Borland Center/Palm Beach Community Church (a.k.a. Parcel 6.01A), located
along the North side of PGA Boulevard between Gardens Square Boulevard and Shady
Lakes Drive, as described more particularly herein, to allow the development of 64,533
square feet for a cultural center and church facilities (500 -seat small theater/church facility
with accessory uses and 300 -seat banquet hall), 64,025 square feet for retail/commercial use,
19,950 square feet for restaurant use, 10,900 square feet for professional office use and 225
multi -family units; granting conditional use approval for a 500 -seat small theater use/church
and 300 -seat banquet facility; providing for waivers; providing for conditions of approval;
and providing an effective date. Attorney Ray Royce spoke on behalf of the petitioner,
verified with the City Attorney those items that had been made a part of the record, and read
into the record a letter to the Mayor and Council from the PGA Corridor Association, Inc. in
support of the project. Since only the re -zoning would be acted upon tonight, the Council
indicated the other matters could be addressed at the June 17 meeting. Attorney Royce, Dr.
Raymond Underwood, Casey Cummings spoke on behalf of the applicant. Attorney Michael
Morrell agreed to shorten his presentation as long as they could come back to speak on the
resolution. Attorney Tatum stated if the Ordinance was approved on first reading tonight
there would be a hearing June 17 and everyone would have an opportunity to speak then.
Attorney Morrell indicated he had filed two motions and that some residents did not receive
notice of this hearing. The City Attorney reported she had received the motions that
afternoon, the motion was that only one resident did not receive notice, and the property
appraiser's record showed that the name and address of property owner Dawn Marie
Corrigan was confidential according to law. The City Attorney indicated it was up to the City
Council whether they wanted to honor Mr. Morrell's request to hold a separate hearing for
Dawn Marie Corrigan in ten days. Councilmember Clark moved denial of the motion by Mr.
Morrell. Motion was seconded by Vice Mayor Russo. Motion carried by unanimous 5-0 vote.
Paul Auerbach, President, PGA Corridor Residents Coalition, requested Residential MXD
with a waiver to allow the 500 -seat church. Dr. Richard Orman submitted his power point
presentation and resume to the Clerk for the record. Dr. Orman explained why Residential
MXD should be the zoning classification. Dr. Richard Brumback, 4433 Lacy Oak Drive,
offered his opinion that a non-residential MXD did not provide intensity for residential.
Michael Morrell requested the list of documents he had requested from the Clerk be entered
into the record, and objected that the record was not competent because procedural rules
were not followed. Attorney Royce expressed his opinion that the rezoning should be MXD
to be consistent with the comprehensive plan. City Attorney Tatum agreed, but stated tonight
was only for first reading. Marilyn Laguco, 16 Bermuda Lake Drive, spoke in favor of the
project. Kathleen Zippe, 13 Portavista Circle, spoke in favor of the project. Craig Allgood,
Quail Ridge North, requested full disclosure. Amil Kanel, President of Board of
Steeplechase, indicated their Board was in favor of the project. Daniel Ketis, spoke on behalf
of his father and mother, in favor of the project. Barry Mandello, resident of Shady Lakes,
expressed concern regarding traffic on Shady Lakes Drive. Kerry Shook, Shady Lakes Drive,
suggested the developer agree to residential MXD. Adrian Salee, 378 Kelsey Park Drive,
supported residential MXD. Tom Souse, Bent Tree, supported residential MXD. Bernie
Summers, 108 Palm Bay Drive, supported an agreement that 7-8 acres would remain open
space. Jeffrey Mulallen, Whirlaway Road, spoke in favor of the project. Doug Freevert,
Dasheen Avenue, spoke in support of the project. Nick Van Ice, Shady Lakes Circle,
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/6/04 6
supported the project. Vito De Francesco, Shady Lakes Circle, indicated property dimensions
were not correct and should be 3-1/2% less, and that there should be three more signs on the
property. Bob Davis, 118 Orchid Cay, commented there would not be symmetrical planning
without knowing what was going to be on the whole property. Janet Lang, PGA National
resident, was in favor of the project. Councilmember Clark made a motion to continue the
public hearing to a date certain of May 20, 2004, the next regular Council Meeting, to be the
first item on the agenda, to continue the hearing where it left off and with the understanding
everyone must return for cross examination. Councilmember Delgado seconded the motion,
which carried by unanimous 5-0 vote.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/6/04
ADJOURNMENT:
There being no further business to di , meeting was adjourned at 11:27 p.m.
APPROVAL:
CQ
COUN
J
CILMEMBER DELG
COUNCILMEMBER LEVY
ATTEST:
PATRICIA SNIDER
CITY CLERK