HomeMy WebLinkAboutMinutes Council 042006CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
April 20, 2006
The April 20, 2006 Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 7:03 P.M. in the Council Chambers of the Municipal Complex,
located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Russo, 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 Russo, Vice Mayor Barnett, Councilmember Jablin,
Councilmember Levy, and Councilmember Valeche.
ADDITIONS, DELETIONS, MODIFICATIONS: Mayor Russo announced under
Announcements / Presentations — addition of the City of Palm Beach Gardens notice of intent
to object to Palm Beach County Comprehensive Plan amendment round 06 -1 coastal
residential exception area modification; and deletion: Due to family emergency the recognition
of Sid Forbes, Gardens Mall, will be postponed to the May 4, 2006 meeting. Modification:
Currently under City Manager Report, the item on update of Callery-Judge Grove
Comprehensive Plan Amendment to be moved to Announcements / Presentations as a new
item C. Councilmember Jablin moved approval of the additions, deletions, and modifications
as stated by the Mayor. Councilmember Levy seconded the motion, which carried by
unanimous 5 -0 vote.
ANNOUNCEMENTS / PRESENTATIONS:
Statement of Support for the National Guard and Reserve — Councilmember Valeche
commented there were very extraordinary current circumstances and he wanted to make sure
people understood these were residents well into their lives who were under great stress, that
were being asked to make extreme sacrifices, and were doing it.
Recognition of the Frenchman's Creek Charities Foundation — Mayor Russo read aloud
donations made by the Frenchman's Creek Charities Foundation in the past and the list of
items they planned to provide to the City during the current year. Mayor Russo reported they
also did things for surrounding Cities, expressed the City's appreciation, and presented their
representatives with a key to the City of Palm Beach Gardens. Councilmember Jablin read
into the record a letter he had written to Frenchman's Creek expressing his thanks.
Callery Judge Grove Comprehensive Plan Amendment — A staff report was provided on the
five proposed amendments by Callery-Judge Grove, to which staff objected.
Palm Beach County Comprehensive Plan amendment round 06 -1 coastal residential exception
area modification - Kara Irwin explained the proposed amendment and the City's objections
that criteria had not been established, therefore, it was not known how the City would be
affected; and that the amendment did not look at redevelopment. Mayor Russo reported he
had asked Commissioner Marcus to attend tonight, and expressed concern that because there
had not been communication, the only choice the City had was to object, when they were
actually in favor of workforce housing. Commissioner Marcus reported that discussion had
occurred at the quarterly Intergovernmental meetings, explained how the amendment came
about, and indicated there would be time to work out the details. Vice Mayor Barnett
suggested a contact person be appointed to assure communication in the future. Discussion
ensued. Vice Mayor Barnett requested a contact person also be appointed from
Commissioner Marcus' office. The City Manager was requested to appoint a staff point
person to communicate with the county.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/20/06 2
Commissioner Marcus asked to allow staff to work with county engineering on the
Frenchman's Yacht Club mast arm signal matter. The developer's attorney explained the
issue. Discussion ensued. Mayor Russo asked that this matter be brought back to the next
City Council meeting. Commissioner Marcus asked to be notified when this was on the
agenda so that she or her representative could attend.
ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS:
Vice Mayor Barnett thanked everyone who participated in the egg hunt. Councihnember Levy
reported he and other members of the Council attended the Teacher of the Year award by the
Chamber of Commerce and local merchants. Councilmember Levy reported he and
Councilmember Valeche had attended the Palm Beach Community College groundbreaking of
their new science building. Councilmember Levy indicated his neighborhood was starting a
crime watch program and thanked the police for helping to set up this program.
Councihnember Valeche congratulated staff on the most successful year yet for the Green
Market. Mayor Russo also thanked staff and requested the Green Market not end on Easter
Sunday or another holiday. Councilmember Jablin also thanked staff for the Green Market,
and for their work at Bio 2006 in Chicago, which he also attended. Councilmember Jablin
expressed concern the City had not heard from the School Board regarding Pahn Beach
Gardens High School building architecture. Commissioner Marcus indicated she would bring
the City up -to -date with a -mails she has had with the School Board. Mayor Russo reported all
of the Council attended the CAN meeting except for Councilmember Jablin who was in
Chicago, and his letter had been read. Mayor Russo reported he had attended the Palm Beach
Gardens High School / Dwyer High School game held at Roger Dean Stadium, and he had
thrown the first pitch. Mayor Russo reported he had met with Jack Doughney and the
Director of the Honda Classic. The Mayor indicated he and Councilmember Levy had
attended the first Biotech Overlay Committee meeting, which would meet the third Thursday
of each month, and the next meeting would be May 18, 2006 at Palm Beach Gardens.
COMMENTS FROM THE PUBLIC:
Vito DeFrancesco, Shady Lakes, reported that at the last meeting he brought to Council's
attention that he feels that Shady Lakes has been cheated in concession to Borland, and
Mayor Russo had asked staff to have a report ready for tonight's meeting. Mr. DeFrancesco
advised he had asked for a copy of that report which he had not received. Mr. DeFrancesco
commented that a big sign had been erected stating their intersection would be shut down and
they had not asked for it, and asked why the same thing was not done at the intersections for
Gardens of Woodberry and Woodland Lakes. He expressed his opinion they were being
discriminated against and that the City was vindictive towards them. Mayor Russo indicated
he was very upset because all the City was trying to do was to try to make the intersection
safer, and that had been discussed at a public meeting.
Richard Orman expressed kudos to Frenchman's Creek. He also indicated there were other
unsafe intersections including the one at Garden Lakes and Military Trail, and the City should
address all the dangerous intersections. Mayor Russo asked if Council would like staffto look
at this intersection again, if this was not what they wanted. Dan Clark reported an alternative
suggested by Steve Barnes would not be allowed by DOT, and the light would be activated in
six months. Consensus was to look at this situation again.
Carol Estrada, Riverside Drive, thanked Commissioner Marcus for her work for the City,
suggested the Green Market go to the end of May, and asked how residents could express
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/20/06 3
concerns before the proposed affordable housing 12 -story towers at Loehmann's Plaza were
developed. Ms. Estrada asked to put the brakes on tall buildings, and also asked how the
people who went to meetings out of town were chosen. Mayor Russo commented on the
matter of how people were chosen to attend meetings should be discussed at a meeting. He
also advised the Council knew nothing about 12 -story buildings and there would be meetings
before anything happened.
Paula Magnuson, Sandalwood, commented on how her roof had been rejected since
September 2005. Ms. Magnuson wanted certificates of completion on the roof, a/c skirts, a/c
units, electrical final of a/c units relocated to the ground, and other items, and indicated the
work had all been done under a blanket permit, and submitted a public record request.
Dennis Berg, Sandalwood, reported he lived in a building that was taking on water and the
skirt was a safety issue, and asked for the same items as Ms. Magnuson, stated the skirts
could not pass a safety inspection, and asked for help, indicating the skirts would not
withstand a storm.
David Millard, Sandalwood, reported he was in construction work and something had to be
done about the skirts. He had gone to the City and found a blanket permit, with no structural
engineering, and would like this resolved.
Suzanne Archer, Gardens East, reported her roof did not need repairs but was replaced, and
roofs were leaking where they were not before, and she had asked for copies of documents
that could not be found and no one would provide answers. The City Manager and Todd
Engle, Construction Services Director, reported how the permit process had been expedited
for the hurricane repairs and Mr. Engle commented he was still looking for documents
requested by Ms. Archer. Mayor Russo suggested the City request a meeting with the HOA
and the building contractor. City Manager Ferris indicated the City would do what they could
but expressed concern about getting in between individuals who might be involved in
lawsuits. The City Manager announced that Mr. Engle and his staff would get as much
secured as they could.
CONSENT AGENDA: Councilmember Jablin made a motion to approve the consent agenda
with the change read into the record by Councilmember Valeche: in the fourth recital of the
item regarding the holocaust to change rededicated to rededicate. Councilmember Levy
seconded the motion, which carried by unanimous 5 -0 vote. Therefore, the following items
were approved on consent agenda:
a. Resolution 43, 2006 - Work Authorization and Notice to Proceed to Construction
Technology, Inc. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida awarding a work authorization and notice to proceed to
Construction Technology, Inc. for the Golf Course Cart Bridge Reconstruction
project; and providing an effective date.
b. Resolution 45, 2006 - Award a term agreement to Martin Fence Company. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving
a contract with Martin Fence Company to provide and install fencing component
systems specified in invitation to bid #2006 -002; authorizing the Mayor and the City
Clerk to execute the contract; and providing an effective date.
C. Proclamation - Declaring the week of April 24 -28, 2006 as Victims' Rights Week.
d. Proclamation - Declaring the week of April 23-30,2006 as Days of Remembrance In
memory of the victims of the Holocaust.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/20/06 a
e. Proclamation — Municipal Clerks Week April 30 — May 6, 2006.
PUBLIC HEARINGS:
Part I — Quasi-judicial - Mayor Russo announced the procedures to be followed in tonight's
quasi-judicial hearings. The City Clerk swore in all those intending to offer testimony in
tonight's hearings.
Resolution 6, 2006 — Approving the Art in Public Places for the Midtown Planned Unit
Development PUD). A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving the Art in Public Places for the Midtown/Borland Center Planned Unit
Development (PUD), which is located along the North side of PGA Boulevard between
Gardens Square Boulevard and Shady Lakes Drive, as more particularly described herein;
providing for conditions of approval; and providing an effective date. The City Clerk read
Resolution 6, 2006 by title only. Councilmember Valeche, Councilmember Levy, and
Councilmember Jablin all reported ex -parte communication that they had each spoken with
Lucy Keshavarz. Vice Mayor Barnett and Mayor Russo reported speaking with Dr. Ray
Underwood. Mayor Russo also reported he had spoken with Lucy Keshavarz. Ms. Keshavarz
provided a presentation on behalf of the applicant. Mayor Russo declared the public hearing
open. Steve Barnes expressed his opinion that art should not be on a very busy highway. Vito
DeFrancesco also expressed his opinion against the proposed location. Lee Bickford, member
of the Art in Public Places Advisory Board, noted the speed limit there was 45 mph, and the
butterflies were on that road; the artist was excellent, and commented the committee did not
know about changes made to the art. Councilmember Jablin noted he had attended their Art in
Public Places Advisory Board meeting, and they should have been told of the changes, and
now that he was liaison he would let them know in the future. Janet Lange, PGA National,
expressed total support for the artwork as presented. Gary Kendall, Gardens of Woodberry,
expressed favor for the art. William Terence Ganaway expressed his support for the art. Nick
Van Nice was in favor of the artwork. Hearing no further comments from the public, Mayor
Russo declared the public hearing closed. Councilmember Jablin made a motion to approve
Resolution 6, 2006. Councilmember Levy seconded the motion, but asked that the art be
installed after the light was installed. Councilmember Jablin clarified the light was scheduled
for December and the art for February. Mayor Russo clarified that approval of Resolution 6,
2006 was not dependent on the schedule. Motion carried by unanimous 5 -0 vote.
Ordinance 13, 2006 — (2°a reading and adoption) Trinity United Methodist Church. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida approving an
amendment to Ordinance 2, 1992, as amended by Resolution 6, 1993, Resolution 143, 1994,
and Ordinance 15, 1998, relating to the Trinity United Methodist Church master site plan;
transferring the master site plan and related conditions to Resolution 35, 2006; and providing
an effective date. The City Clerk read Ordinance 13, 2006 by title only on second reading.
Mayor Russo declared the public hearing open. Councilmember Levy reported speaking to
Dr. Eissey, Bob Fink, Chair of BallenIsles Community and Public Relations Committee,
reported meeting with their people and that they were working with the applicant and the only
remaining issue was the left turn in, and nobody had a better solution. Hearing no further
comments from the public, Mayor Russo declared the public hearing closed. Councilmember
Jablin moved adoption of Ordinance 13, 2006 on second reading by title only. Councilmember
Levy seconded the motion, which carried by unanimous 5 -0 vote. [Resolution 35, 2006 is a
companion item to Ordinance 10, 2006 and will require Council action at second
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/20/06 5
reading.] Resolution 35, 2006 - Trinity United Methodist Church. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida amending the conditional use approval of
the Trinity United Methodist Church master plan to allow construction of a two -story
Elementary School for grades K -5 with a one -story gymnasium for a maximum of 240
students; approving the phase 7 site plan on the South Parcel; providing conditions of
approval; and providing an effective date. The City Clerk read Resolution 35, 2006 by title
only. Councilmember Jablin moved approval of Resolution 35, 2006. Councilmember Levy
seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 44, 2006 — Approving the site plan for Gardens Pointe. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving the site plan for 214 residential
condominium high -rise units within two twelve -story towers and 26 townhouse units on a
6.64 -acre site located at the Northwest corner of Kyoto Gardens Drive and Fairchild Gardens
Avenue within the Regional Center Development of Regional Impact (DRI), as more
particularly described herein; providing for conditions of approval; providing for waivers;
amending the MacArthur Center signage program (Resolution 64, 1998); and providing an
effective date. The City Clerk read Resolution 44, 2006 by title only. Mayor Russo declared
the public hearing open and called for ex -parte communication. Vice Mayor Barnett reported
she met with John Gary, John Sapo and Dodi Glas, and her discussion was not about waivers
since she had been told there were none. Councilmember Levy reported he spoke with John
Gary, Dodi Glas, John Sapo twice, and the discussion was regarding waivers. Councilmember
Valeche reported he met with Mr. Gary, Ms. Glas, and Mr. Sapo and also Rod Jacoby and
Jim Jacoby. Councilmember Jablin reported conversations with Mr. Gary and Mr. Sapo.
Mayor Russo reported he had a conversation with Mr. Gary, and Mr. Orman, and met with
staff to go over the project. Councilmember Jablin also reported receipt of a couple of a -mails
that were forwarded to him from Mr. Orman and Donna Brosemer. Councilmember Jablin
also reported he got a call from someone from the Landmark. A letter from Menin had been
received by the council tonight. The City Clerk swore in John Gary, who submitted into the
record Resolution 105, 2004, the entire staff report, and any oftheir materials to be submitted
tonight that were not already in the staff report. Dodi Glas spoke on behalf of the petitioner.
Mr. Sapo indicated the applicant would commit to a mast arm signal. John Gary provided a
history of the project. Joan Elias, Diamond Head Way, stated she was speaking as an
individual and thanked Ms. Glas for her explanation of waivers, and requested that the council
vote in favor of this project. Mayor Russo read from a Palm Beach Post article that was
submitted by Pat Hughey, 9210 Reed Drive. Hearing no further comments from the public,
Mayor Russo declared the public hearing closed. Councilmember Jablin moved approval of
Resolution 44, 2006. Councilmember Levy seconded the motion for discussion, and
commented he would consider it only because it was next to the Landmark and he would have
liked to have seen a perspective next to the Landmark. Councilmember Valeche indicated he
could not support the project. Vice Mayor Barnett indicated she could not support the height.
Mayor Russo reported he had been against the Landmark project because of setting precedent
and was concerned whether approving this project would set another precedent, and if it were
not approved if that take away someone's legal rights. Councihnember Levy commented this
project could soften the Landmark's appearance, and he would like to see renderings before
voting on this. Councilmember Jablin expressed his opinion this was the downtown and this
was good planning and a good opportunity to make the area more viable. Discussion ensued.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/20/06 6
Councilmember Levy withdrew his second. Motion died for lack of a second. Councilmember
Levy wanted to see a rendering to see if it was going to soften the Landmark, and he would
like to see some type of affordable housing element incorporated, possibly 5% to 10 %, and
this was the only property in the City he would consider this on. Mayor Russo re- opened the
public hearing. John Gary pointed out the uses were vested so there would not be additional
traffic other than that already permitted in the DRI; and expressed his position that Resolution
105, 2004 established a height of 140 feet. Mayor Russo stated he did not believe that was
what was approved. Mr. Gary expressed his opinion that Cotleur had developed this project
based on that and he believed that should be taken into consideration, and notices had been
sent to everyone in Plat 4 and there were no residents here objecting. Mayor Russo indicated
two members of the Council wanted a workshop to hear what the residents had to say. Mayor
Russo closed the public hearing; then re- opened it. The City Attorney indicated the discussion
could continue with the public hearing continued. John Sapo with Cotleur advised they were
within the 140' height to which they had committed, and there had been a number of
opportunities for the public to review the plan and make comments. Mayor Russo closed the
public hearing again. Councilmember Levy indicated he wanted to see a rendering with all the
other buildings to see what it would look like. Mayor Russo re- opened the public hearing.
Councilmember Jablin made a motion to keep the public hearing open and postpone it to an
indefinite date and that date would be advertised at an appropriate time when the applicant
was ready to bring it back with the renderings requested by Councilmember Levy. There was
no second. Mayor Russo commented the applicant put on the record tonight about the 140'
height with which he did not agree, and he was interested in the Council and the applicant
each getting with their attorneys to be sure the project was handled legally and did not take
away anyone's legal rights. Councilmember Jablin made a motion to continue the public
hearing to the meeting of May 18, 2006. Councilmember Levy seconded the motion, which
carried by unanimous 5 -0 vote.
RESOLUTIONS:
Resolution 47, 2006 — Second Amendment to the Interlocal Agreement establishing the
Municipal Public Safety Communications Consortium. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida pledging funds to the Municipal Public Safety
Communications Consortium for the M/A -Corn radio project in the amount of $676,200.00;
authorizing the expenditure of funds necessary to construct local site improvements for the
project; authorizing the execution and delivery of the Second Amendment to the Interlocal
Agreement to establish Municipal Public Safety Communications Consortium of Palm Beach
County; and providing an effective date. Councilmember Jablin made a motion to approve
Resolution 47, 2006. Vice Mayor Barnett seconded the motion, which carried by unanimous
5 -0 vote.
CITY ATTORNEY REPORT:
City Attorney Tatum advised that she and the Interim Growth Management Director had
prepared a memo for Council regarding the legality of the Borland Center hearing, and they
had concluded that the hearing was in compliance with the City code and all applicable law. A
copy would be given to Mr. DeFrancesco, who had made a public records request. City
Attorney Tatum reported the City had been successful in defending two cases, one was Jason
Branch and the other was a trial where a former police officer, Adolf Alexandre was suing the
City. A letter was read from the attorney who had handled the trial, who commended Major
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/20/06
Artola for his demeanor and help during the trial. Councilmember Jablin recalled how hard the
department had worked for their initial accreditation.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/20/06
ADJOURNMENT
There being no further business
APPROVAL:
ATTEST:
X�
PATRICIA SNIDER, CMC
CITY CLERK
n.