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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