HomeMy WebLinkAboutMinutes Council 102104CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
October 21, 2004
The October 21, 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 Delgado, and
Councilmember Levy.
ADDITIONS, DELETIONS AND MODIFICATIONS
Mayor Jablin reported an addition under consent agenda of Resolution 194, 2004 appointing
Teresa LePore to the canvassing board; a modification under quasi judicial of Resolution
200, 2004 with modification of the language in section 4, item 1 as provided to Council; and
under non quasi judicial, Ordinance 36, 2004 - postponement of this ordinance for proposed
annexation of a parcel off Northlake Boulevard as requested by the applicant, and to move
Ordinance 36, 2004 to immediately follow the consent agenda. Councilmember Delgado
moved approval of the additions and modifications as announced by Mayor Jablin.
Councilmember Levy seconded the motion, which carried by unanimous 4 -0 vote.
CITY MANAGER REPORT:
Hurricane Response and Damage Assessment Report - Fire Chief Pete Bergel provided a
report on response for Hurricanes Frances and Jeanne. Hurricane Frances: Streets were
passable within 12 hours. Estimates to date were $45 million in property damage, $3,529,278
in debris removal costs and $827,503 in response costs of personnel, material, equipment and
supplies. Hurricane Jeanne: $34 million in property damage, $1,499,644 in debris removal
costs, and $501,363 in response costs. Chief Bergel reported the city had established the first
regional distribution center at the North County Courthouse, and the first FEMA disaster
center at the Burns Road Community Center. Employee hours and costs were reviewed.
Lessons learned had been reviewed by staff. Chief Bergel reported several issues that needed
to be addressed for future similar emergencies. Changes had been instituted between the
storms that made things run more smoothly during the second storm. Department
accomplishments were reviewed. Damage to city buildings and the stormwater system was
reported. FEMA was covering 90% of storm costs and the state had not yet announced how
much they would cover. Disaster response from the state had been slow. Other sites would be
researched to use for debris storage in future events. Hurricane hardening would be done at
Burns Road Community Center. Flood gates were discussed. The amount of fuel used by the
city was reported, and a second future fueling station and purchase of a fuel tanker would be
established for the future.
Recognition of Community Support during the Hurricanes - Ann Schilling, Community
Services, representing the Spirit Team, presented awards to Boulevard Restaurant and
Gourmet Deli, Brio Tuscan Grille, Christ Fellowship Church, Gardens United, Murray Logan
Construction, Nebraska Meats, Nutrition S'Mart, Palm Beach Gardens Fire Rescue, Palm
Beach Gardens Marriott, PGA National Resort and Spa, Two Jay's Original Gourmet Deli,
and United Way of Palm Beach County in recognition of their contributions to the
community during the hurricanes. A photograph was taken of the representatives for these
groups with the City Council.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/21/04 2
ITEMS OF RESIDENT INTEREST:
Councilmember Delgado reported she and Councilmember Levy had attended a Florida
Ethics Law Conference. Vice Mayor Russo reported the Honda Classic would be held in
March 2005 and 2006 at Mirasol, and everything possible was being done to keep it within
the City after that. The Vice Mayor commented he would like to have a replacement vehicle
to transport volunteers and suggested the Frenchman's Creek donation this year be used for
that. Vice Mayor Russo and the Mayor reported they had attended the City's Green Market
and there were over 2,500 people there for the first day. Mayor Jablin reported he had
attended Judy Cox's retirement party.
COMMENTS FROM THE PUBLIC:
Bill Chapman, 4388 Holly Drive, presented a thank you letter to Councilmember Delgado for
her help following the hurricanes.
Casey Steinbacher, 1983 PGA Boulevard, North County Chamber of Commerce, announced
a kick -off for the 20`x' anniversary of Arti -Gras on November 5, which would be a wine -
tasting event at City Hall, and asked the Council members to be wine sommeliers for that
event.
Linda Monroe, 619 Hudson Bay Drive, expressed the dismay and anger of residents of The
Isles, reporting that the city's representative to the Treasure Coast Regional Planning Council
had voted contrary to the council's approval of Resolution 160, 2004 proposing to amend the
city's thoroughfare to remove Victoria Falls Boulevard, which had been transmitted for
consideration. Ms. Monroe stated that in her 18 years as a member of the City Council she
would have never voted contrary to what her fellow council members had approved, and
asked how this could have happened. Councilmember Delgado, the city's representative,
reported her vote had been based on a presentation made at that Treasure Coast Regional
Planning Council meeting. Mayor Jablin expressed dismay that Councilmember Delgado had
changed her vote.
CONSENT AGENDA:
Vice Mayor Russo moved approval of the consent agenda. Councilmember Delgado
seconded the motion, which carried by unanimous 4 -0 vote. The following items were
approved on consent agenda:
a. Approve Minutes from the September 28, 2004 regular City Council meeting.
b. Approve Minutes from the September 30, 2004 regular City Council meeting.
c. Resolution 175, 2004 - Approving the PGA National Shops on the Green Plat. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving
the PGA National Shops on the Green Plat; and providing an effective date.
d. Resolution 203, 2004 - Directing execution of the first amendment and second
amendment to the gas tax interlocal agreement. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida authorizing and directing execution of the
first amendment and second amendment to the gas tax interlocal agreement between
the City of Palm Beach Gardens and Palm Beach County, Florida; and providing an
effective date.
e. Resolution 204, 2004 — Military Trail Grant - A Resolution of the City Council of the
City of Palm Beach Gardens, Florida modifying the matching grant program
approved by Resolution 136, 2003 to increase the City's matching portion; and
providing an effective date.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/21/04 g
f. Resolution 194, 2004 — Appointing Teresa LePore to the City's Canvassing Board.
This Resolution authorizes The Supervisor of Elections to conduct a Logic and
Accuracy Testing for the voting equipment and to tally the absentee ballots.
PUBLIC HEARINGS:
It was requested that the Sanctuary item, continued from the last meeting, be allowed
sufficient time tonight to be completed. Mayor Jablin indicated he was allowing 1 -1 /2 hours
for that item.
Part II — Non Quasi- Judicial
Ordinance 36, 2004 — Proposed Annexation for a 61.9 Acre Parcel off of Northlake
Boulevard (2nd reading and adoption). An Ordinance of the City Council of the City of Palm
Beach Gardens, Florida annexing, pursuant to a petition for voluntary annexation, a parcel of
real property comprising of total of 61.9 acres, more or less, located on the North side of
Northlake Boulevard approximately one -half (0.5) miles West of the intersection of
Northlake Boulevard and Coconut Boulevard, in Palm Beach County, Florida, which is more
particularly described herein; declaring that the voluntary annexation petition bears the
signature of the owner of the real property annexed hereby; amending Article II of the City
Charter by redefining the corporate limits; and providing an effective date. Mayor Jablin
announced that the public hearing was open. There were no comments from the public. Vice
Mayor Russo made a motion to continue the public hearing to some future point and to
advertise this item at that time. Councilmember Delgado seconded the motion, which carried
by unanimous 4 -0 vote.
Part I — Quasi - Judicial
Resolution 135, 2004 — Target Rezoning and Site Plan review. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving the master development plan
for Congress Plaza East at the 19.12 -acre parcel of land located on the Southeast corner of
Northlake Boulevard and Congress Avenue which lies within the municipal boundaries of
the City of Palm Beach Gardens and the Town of Lake Park, as described more particularly
herein, to allow for a 131,839 square -foot retail building; providing for waivers; providing
for conditions of approval; and providing an effective date. The City Attorney announced this
was a quasi-judicial hearing and reported that the agreement in lieu of impact fees had been
received, which had been modified_ according to the Council's wishes expressed at the last
meeting. Applicant was to pay 100% of the impact fees at the old impact fee rate. The City
Clerk swore in all those intending to offer testimony for Resolution 135, 2004. The City
Clerk read Resolution 135, 2004 by title only. Senior Planner Kara Irwin reported changes in
the conditions of approval, which had been provided to the Council. Mayor Jablin declared
the public hearing open. Hearing no comments from the public, Mayor Jablin declared the
public hearing closed. Councilmember Levy made a motion to approve Resolution 135,
2004. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote.
Councilmember Levy made a motion to next hear Resolution 200, 2004. Vice Mayor Russo
seconded the motion, which carried by unanimous 4 -0 vote. Resolution 200, 2004 - Seacoast
Utility — allow removal, relocation & construction of water storage tanks. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida approving an amendment to an
existing conditional use to allow the existing Seacoast Utility Authority water treatment plant
CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/21/04 4
facility, located at the intersection of Hood Road and Alternate AIA, as more particularly
described herein, to upgrade and expand its current operations; and providing an effective
date. The City Clerk read Resolution 200, 2004 by title. Planner Autumn Sorrow presented
the project. Anne Booth, Urban Design Studio, spoke on behalf of the applicant. Mayor
Jablin declared the public hearing open and called for ex -parte communication.
Councilmember Delgado reported she had spoken with staff. Councilmember Levy reported
no ex -parte but he had done contract work for Seacoast Utility but no longer had a contract
with them. Mayor Jablin spoke with Rim Bishop and Anne Booth about the design. Carolyn
Chaplik, 715 Hudson Bay Isles, reported she was a member of the Board of Directors of The
Isles, which had been great working with Seacoast, and the residents were happy with the
design. Hearing no further comments from the public, Mayor Jablin declared the public
hearing closed. Councilmember Levy made a motion to approve Resolution 200, 2004.
Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote.
Ordinance 35, 2004 - (1St reading) The Sanctuary at Palm Beach Gardens Homeowners'
Association, Inc. Lake Access Tract. An Ordinance of the City Council of the City of Palm
Beach Gardens, Florida amending Ordinance 22, 1993 relating to the Sanctuary Planned Unit
Development (PUD) to transfer the master plan approval and related conditions to a separate
Resolution; and providing an effective date. The City Attorney provided guidelines for
consideration of this item, and announced this was a continuation of the last hearing held
October 7, 2004 and tonight's hearing was limited to conclusion of that hearing for first
reading of the ordinance. A second reading and public hearing of this Ordinance and the
companion resolution would be held later. Procedures to be used tonight were the Council
would disclose any ex -parte communication since the October 7, 2004 hearing; anyone
previously sworn was still sworn; anyone not previously sworn should notify the clerk before
they spoke; she had listened to the recording of the October 7, 2004 hearing and the record
reflected presentations had been made by City staff member Mark Hendrickson, Sherrie
Hyman and Bob Benz on behalf of the applicant, and other persons Michael Gfesser, Carol
Purcell, Joy Hearn, John McGrath, Mary Anne Guschke, and Carolyn Chaplik had submitted
cards on October 7 and would be permitted to testify tonight. The City Attorney reviewed the
procedure to be followed and announced that only first reading of a zoning ordinance,
Ordinance 35, 2004 was under consideration tonight. The City Clerk read Ordinance 35,
2004 by title on first reading. Ex -parte communication reported by Councilmember Delgado
was she had spoken to two residents, Frank Capianni and Mike Gfesser; Councilmember
Levy reported he had spoken to Mike Gfesser, a member of staff, and a lot of others who
were present; Vice Mayor Russo reported he had spoken to Frank Capianni; Mayor Jablin
reported he spoke to Frank Capianni and Mike Gfesser and several other people in the
environmental community, including Lisa Interlandi and Ms. Durando and two other ladies
whose names he did not remember. City Attorney Tatum announced that Attorney Nancy
Strahn was present representing staff in the quasi - judicial hearing tonight. Joy Hearn, a
resident of The Sanctuary who lived on the lake, reported the HOA documents did not
designate the preserve area as a preserve, and she would like it to be a preserve with a 15-
foot access for lake maintenance. Ms. Hearn submitted documents to the City Clerk into the
record. John McGrath was not present. Mary Anne Guschke, a resident and board member of
The Sanctuary, reported a huge decline in the bird and frog population around the lake, and
asked for consideration of the environmental issues, and requested the 15 -foot path be
CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/21/04 5
approved. Allen Klousky, 90 Satinwood Lane, The Sanctuary, requested the 15 -foot path to
restore the health of the lake. John Merriam, 153 Oakwood Lane, urged the Council to find
an easement that did not affect the preserve, or if not, to use a small portion of the preserve
for access if that was the only option. Andrew Pacibcco, resident of The Sanctuary, expressed
disappointment regarding the controversy and expressed concern that a preserve could be
changed not to be a preserve, and noted there were five existing access easements to the lake
and the HOA must enforce being able to use those easements to maintain the lake. Lisa
Interlandi, attorney with Environmental Land Use Law Center, advised she was representing
the Audubon Society of the Everglades, the Palm Beach County Chapter of the Florida
Native Plant Society and 1000 Friends of Florida tonight, and objected to any action taking
lands out of preservation, and favored using the existing easements for access so as not to set
a precedent. Michelle Fesgower, 139 Oakwood Lane, The Sanctuary, reported she had one of
the drainage easements on her property and had been advised when she purchased her
property that it was not an access easement, and requested the path be through the preserve.
Frank Campianni, 140 Oakwood Lane, The Sanctuary, indicated the bigger environmental
issue was the life of the lake, not just the preserve. Robert Wilson 41 Princewood lane,
reported he expected the City Council to uphold the covenant he relied on when he purchased
his home. Scott Susgard, 131 Oakwood Lane, reported Mr. Gfesser and the HOA had sent
out letters to the residents stating their positions, and Mr. Gfesser's letter did not mention
that the reason the homeowners association was trying to save the lake; and expressed favor
for the path through the preserve. Hearing no further comments from the public, Mayor
Jablin announced the hearing would proceed to the cross examination phase. Carol Purcell,
who spoke on October 7, 2004, was asked by Councilmember Levy for the lab results for
water samples. Ms. Purcell provided the results of samples taken by her colleague, Dale
Moore, which had been provided to staff. Mike Gfesser called Mark Hendrickson for cross
examination. Mr. Gfesser asked how long Mr. Hendrickson had been involved in The
Sanctuary project, to which the response was 1993. Mr. Hendrickson responded to further
cross examination from Mr. Gfesser. The attorney indicated Mr. Gfesser was making
comments rather than asking questions. Mr. Gfesser continued asking questions regarding the
plat. The attorney objected that the plat was not at issue in this proceeding. Mr. Gfesser
indicated he was just getting the language out of the plat, and continued questioning. The
attorney objected he was testifying and should only ask questions. The City Attorney agreed.
Mr. Hendrickson was asked to read aloud plat restrictions on the preserve, and was
questioned regarding enforcement, to which the attorney objected. The City Attorney
objected to Mr. Gfesser testifying as well as asking questions. Mr. Gfesser was asked to turn
off his power point presentation and confine his remarks to questions. Mr. Gfesser asked Mr.
Hendrickson to read from the Army Corps of Engineers permit for The Sanctuary and asked
a question regarding it, to which the attorney objected since there was not sufficient evidence
on the record for that question. Mr. Gfesser continued cross examination and asked that Mr.
Hendrickson refer to the City Code, to which the attorney objected. The City Attorney stated
Mr. Gfesser was testifying and the Council should disregard what he was testifying to. Mr.
Gfesser asked further questions, regarding city code and preserve management plans, to
which Mr. Hendrickson responded. The attorney objected to questions regarding the
management plan since it was not discussed originally and was not relevant. The City
Attorney advised Council that Mr. Gfesser was attempting to present his case in chief
CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/21/04 6
through cross examination and it was not proper to ask questions in a quasi judicial
proceeding in cross examination that did not refer to direct testimony; therefore, she advised
Council to disregard those remarks. Mr. Gfesser indicated he would like Mr. Hendrickson's
thinking since he had made general statements regarding the city code and the comprehensive
plan. Mr. Gfesser continued asking questions. Mr. Gfesser indicated he had asked the
questions in order to create a record that he could use if he felt there was a violation of the
comprehensive plan. Mr. Gfesser indicated he did not feel all of the questions had been asked
that he wanted addressed. The City Attorney stated he had asked for 15 to 20 minutes for
cross examination and she regretted he had taken up 20 minutes testifying instead of asking
the questions he wanted answered. Mr. Gfesser commented he had had sufficient time. Mr.
Gfesser indicated he would like to cross examine Carol Purcell and asked if she would allow
access through her property. Vice Mayor Russo asked that be stricken since it was not
relevant. The City Attorney indicated it was on the record but could be given whatever
attention the Vice Mayor felt was appropriate. Sherry Hyman requested to add into the record
four additional letters of support, bringing the total to 58; 7 letters of retraction from people
who had written letters of objection previously. Ms. Hyman testified to the water test results
which indicated the poor condition of the lake, and responded to Mr. Gfesser's objections.
Ms. Hyman requested the application be granted. Mr. Hendrickson answered questions from
the City Council. Judy Diaz, Assistant City Engineer, testified as to the size and material of
the drainage pipes and the type of equipment that would be needed for maintenance of the
lake. Hearing no further comments from the public, Mayor Jablin declared the public hearing
closed. Councilmember Levy expressed his opinion that if the lake was not maintained it
would die; and stated he could not vote for this unless the HOA had explored another access
through the easements by means such as purchasing the property, and this had to be the
answer of last resort. The City Attorney advised the public hearing was closed, and voting
tonight was only to place this ordinance on first reading, which would have the effect of
transferring all of the existing conditions to a resolution, and that was the only issue before
the Council tonight. If this was moved on to another public hearing, everyone would have a
chance to have their questions answered. Councilmember Levy indicated he would allow this
to go to second reading but wanted the HOA to know his position. Vice Mayor Russo
commented this was a quasi-judicial proceeding which meant the decision must be made on
tonight's presentation or ex -parte communication disclosed at this meeting. Vice Mayor
Russo disclosed he did not speak to Ms. Hyman or Mr. Gfesser but did speak to a couple of
residents but would not rely on anything they had told him in making his decision. Vice
Mayor Russo stated he would vote for this because he believed the intent of the code was to
protect the health, safety and welfare of residents and that the code allowed granting the
request. Vice Mayor Russo made a motion to place Ordinance 35, 2004 on first reading by
title only. Councilmember Delgado expressed a major concern of hers was to have a fence
around the lake for protection of children and animals. Councilmember Levy and Mayor
Jablin also favored a fence so the pathway could not be accessed. Councilmember Delgado
seconded the motion, which carried by unanimous 4 -0 vote.
RESOLUTIONS:
Resolution 197, 2004 — Proposal for additional artwork - Commons Parcel 2 & 3 art in public
places. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving Art in Public Places for the PGA Commons Parcel 2 & Parcel 3, located on the
CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/21/04 7
South side of PGA Boulevard, East and West of its intersection with Hickory Drive, as more
particularly described herein; providing for conditions of approval; and providing an
effective date. Senior Planner Kara Irwin presented the project. Vice Mayor Russo moved
approval of Resolution 197, 2004. Councilmember Delgado seconded the motion, which
carried by unanimous 4 -0 vote.
ORDINANCES:
Ordinance 19, 2004 — Amendments to expedite the review process for routine site plans. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to
administrative approvals; amending Section 78 -48, Code of Ordinances entitled "Site Plan
Review "; amending Section 78 -49, Code of Ordinances entitled "Amendments to Approved
Development Orders "; providing for Codification; and providing an effective date, for
consideration of first reading. The City Clerk read Ordinance 19, 2004 on first reading by
title only. Planner Autumn Sorrow presented the proposed amendments. Vice Mayor Russo
made a motion to place Ordinance 19, 2004 on first reading by title only. Councilmember
Delgado seconded the motion, which carried by unanimous 4 -0 vote.
Ordinance 39, 2004 — Paloma (Parcel 31B) — rezoning from PDA (Planned Development
Area) To PUD (Planned Unit Development) underlying Residential Low). 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 156.46 acres, more or less, located South of
Hood Road, West of Military Trail, East of Central Boulevard, parcel 31.04 (MXD), and
Interstate Highway 95, and North of the Sabal Ridge Planned Unit Development (PUD), as
described more particularly herein, from Planned Development Area (PDA) to a Planned
Unit Development (PUD) overlay with an underlying zoning of Residential Low (RL -3) to be
known as Paloma; revising the Zoning District Map; and providing an effective date — for
consideration of first reading. The City Clerk read Ordinance 39, 2004 on first reading by
title only and the companion resolution. Senior Planner Kara Irwin presented the project.
Carolyn Chaplik, President of Homeowners Association for The Isles, requested a blinking
traffic light with cost to be borne by Paloma, to protect residents of The Isles since they had
only one ingress /egress; and also requested Paloma share the cost of maintenance of the
median. Anne Booth, Urban Design Studio, made a presentation on behalf of the petitioner.
Councilmember Delgado made a motion to approve Ordinance 39, 2004 on first reading by
title only. Councilmember Levy seconded the motion, which carried by unanimous 4 -0 vote.
ITEMS FOR COUNCIL ACTION /DISCUSSION:
Staff discussion — citywide economic development opportunities and tax base. Delores Key
and Natalie Wong Irwin provided a presentation. Nine parcels within the city had been
identified to accommodate value added businesses. Land use, re- zoning and concurrency
options were discussed. Recommendation was that the City Council direct staff to prepare a
more comprehensive scope of the citywide economic development initiative to include
detailed resources, a specific schedule, and other pertinent information, to be presented
before Council. Vice Mayor Russo made a motion to go forward with the staff
recommendation to go forward with this plan. Councilmember Delgado seconded the
motion, which carried by unanimous 4 -0 vote.
COUNCILMEMBER REQUEST:
Vice Mayor Russo requested future discussion regarding what had happened regarding The
Isles with a member of the Council voting at Treasure Coast Regional Planning Council
CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/21/04 8
against the way the Council had voted; and requested that communication be established so
that members of the Council were clear on positions in the future.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/21/04 9
ADJOURNMENT:
There being no further business to discuss, the mee� ti was adjourned at 11:30 p.m.
APPROVAL:
u: •'
n
COUNCILMEMBER DELG
CO ILMEM ER LEVY
ATTEST:
PATRICIA SNIDER
CITY CLERK
r