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HomeMy WebLinkAboutMinutes Council 100704CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING October 7, 2004 The October 7, 2004 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 8:33 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 a request to reorder the agenda under Public Hearings Part One Quasi - Judicial to first hear item C, then item A, then item B. Consensus was not to re -order the agenda, but to leave it the way it was. ANNOUNCEMENTS / PRESENTATIONS: Presentation of the Florida Recreation and Parks Association Distinguished Young Professional of the Year Award - Charlotte Presensky described the accomplishments of Recreation Department employee Rick Audet, and Chester Pruitt, Regional Director of Florida Recreation and Parks Association presented this award to Mr. Audet. Fellow professionals from other municipalities were invited to come forward to be in a photograph with Mr. Audet. ITEMS OF RESIDENT INTEREST: Councilmember Delgado reported she had been asked to be a member of the committee for the 1/2-cent sales tax, to go to different schools and organizations to make presentations, and asked for support. Councilmember Levy commended Mr. Audet and extended congratulations. Councilmember Levy reported he and the Mayor had attended the National Fire Drill at the Hunt Club in celebration of National Fire Week. Mayor Jablin requested support for the 1/2 -cent sales tax on the November ballot to help the schools. Mayor Jablin reported Northern Palm Beach County Improvement District had sent a letter recognizing the City for assistance during Hurricane Frances. Mayor Jablin displayed a picture from photographer Jean Hart Howard which was a thank you for the City's help in collecting art materials for children in Zambia. Mayor Jablin reported that Terry Brady was recovering nicely from by -pass surgery. CITY MANAGER REPORT: Police Chief Stepp announced receipt of the Edward Burn Memorial Law Enforcement Assistance Grant award of $89,700, which would be used to purchase a fingerprint identification system. An award of $10,000 had also been received through the local law enforcement block grant and the department would prioritize needs to decide what that would be spent on. City Manager Ferris provided an update on the Scripps issue. The county had passed a scientific overlay zone, which would not apply if Scripps did not build on the Mecca site. The City Manager reported that alternative sites were still under consideration; development of the Vavrus site could be more difficult than previously imagined; staff had been investigating how the city could help with Mecca and other sites; and had investigated purchase of the Brigger site but had found that was not feasible, and had met with the county to try to offer ideas to reduce development costs with the Brigger tract —how the city could CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/7/04 2 assist the county with the 25% uplands set aside; relief on building height; impact fees, intensities, expedited processing, etc. The City Manager asked if the City Council was willing to cooperate with those issues for either the Mecca or Brigger sites. The City Manager announced the Scripps Coordinator, Mr. Bevin Boday, was present tonight and thanked him for his work on the Scripps project and during the hurricanes. Mayor Jablin noted the Council had expressed their willingness to help in the past, and he was supportive of wherever Scripps went and he supported the items mentioned by the City Manager. Vice Mayor Russo expressed his opinion that staff should not spend anymore time on this project until the County Commission said they would like the City's help to work together to accomplish bringing Scripps to Palm Beach County, and the goal was to bring Scripps to northern Palm Beach County. Vice Mayor Russo commented having Scripps here would mean our children would have a place to work after college. He had been frustrated by watching the County Commission meet because they did not seem to be on track with it, and a joint meeting was needed to say what was going to be done, and the city was willing to work with them to accomplish bringing Scripps to the county, but he wanted the county to ask the city to help. Mayor Jablin indicated he had written a letter asking for a joint meeting and would write another. Councilmember Delgado thanked Vice Mayor Russo for his leadership and since she understood Scripps had sent a letter to the county that they were not interested in the Brigger site she agreed with the Vice Mayor that staff should not spend time on that site. Councilmember Levy expressed his opinion the site that would work best for Scripps should be considered and he was not sure Mecca would work best since the Army Corps of Engineers recommended against issuing a wetlands permit, and environmental groups were going to fight building there which would delay construction. Councilmember Levy's other concern was this was an isolated site, which would create traffic until there was enough population to support building amenities. His other concern was this site would not be attractive to scientists, who would not want to drive to get to stores, etc. Councilmember Levy felt alternative sites were better for Scripps and he wanted Scripps people to live here to benefit the city. Mayor Jablin read from a letter from Scripps to the county indicating they wanted to occupy on September 2006, which would require construction to commence by January 3, 2005; and indicated he would like to see Scripps decide on a site. If they wanted to go to Mecca they must recognize there would be a long protracted fight because of the lawsuits, and must recognize it would take more time. Mayor Jablin was willing to work with the county if and when they wanted to change sites, and his goal was to see Scripps in northern Palm Beach County, but they must be realistic, and the city was willing to help the county whatever they decided. Vice Mayor Russo commented Scripps wanted to create a cluster, and that would require a lot of space, which was why the city was working on Vavrus. Vice Mayor Russo made a motion that the city should not do anything more until the county said they wanted the city's help on Brigger and authorize staff to help at that point and until that time the city should just sit back and let the county be the leader in this. Councilmember Delgado seconded the motion. During discussion of the motion, Mayor Jablin commented he thought the city had been doing that, they had not been wasting time, and staff had been asked to provide Resolution 191, 2004. Mayor Jablin indicated he felt at this point no more should be done, but stressed that what he and staff had done to gather information about the Brigger tract had been what the council had requested them to do. That information had been shared with the county and would be kept on file for the county's CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/7/04 3 future use. Vice Mayor Russo commented what he was saying now was different, because after watching the county commission meeting he believed they felt the city was trying to do their own thing, but he wanted them to know the city was there to help and participate and until they called the city he did not want any more staff time spent until the county said they wanted them to do it. Resolution 191, 2004 had said the city was in favor and wanted to move forward, and he felt the county begrudged the resolution because they had criticized it. Mayor Jablin expressed his opinion even if the county had criticized it, the resolution had been the right thing to do because a lot of information had been gathered. Councilmember Levy commented he believed the county had not understood, because of their comments regarding the city's upland setback requirements, and the whole reason the Brigger site was not viable was because of those requirements. Mayor Jablin responded that was correct. Vice Mayor Russo commented Commissioner Newell had said the Brigger site was not viable because Scripps did not want to go there. Mayor Jablin noted Commissioner Newell indicated he had not seen the letter the city sent; the city was doing what they considered a viable alternative, and he did not want the city to spend any more time, just to facilitate things so that a decision could be made. Motion carried by unanimous 4 -0 vote. CONSENT AGENDA: Councilmember Delgado made a motion to approve the consent agenda. Vice Mayor Russo seconded the motion, which carried by unanimous 4 -0 vote. The following items were approved on consent agenda: a. Approve Minutes from the August 19, 2004 Regular City Council meeting. b. Approve Minutes from the September 1, 2004 Special City Council meeting. C. Approve Minutes from the September 8, 2004 Emergency City Council meeting. d. Approve Minutes from the September 14, 2004 Regular City Council meeting. PUBLIC HEARINGS: Part I — Quasi Judicial - The procedure to be followed was reviewed. The City Clerk swore in all those intending to testify tonight in these cases. Ordinance 26, 2004 — (1st Reading) An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending ordinance 10, 1999 relating to the Village Square Professional Park Phase II Planned Unit Development to transfer the master plan approval and related conditions to a separate Resolution; and providing an effective date. (Resolution 164, 2004 is a companion item to Ordinance 26, 2004 and will require Council action only on second reading). Resolution 164, 2004 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Village Square Professional Park Phase II Planned Unit Development (PUD) located on the West side of Prosperity Farms Road South of its intersection with RCA Boulevard, as more particularly described herein; providing for waivers; providing for conditions of approval; and providing an effective date. The City Clerk read aloud Ordinance 26, 2004 on first reading and Resolution 164, 2004. Planner Jackie Holloman presented the project. Attorney Len Rubin with Boose Casey Ciklin spoke on behalf of the applicant. Concern was expressed approval would set precedent or corrupt the code. Discussion ensued. Councilmember Levy requested CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/7/04 4 a condition of approval on second reading that they never exceed 100 gallons a month of hazardous waste. Mayor Jablin declared the public hearing open, and called for ex -parte communication. Councilmember Delgado he had spoken with Carol Diaz, Laboratory Operations Manager, Len Rubin, and staff. Mayor Jablin reported he had spoken to Mr. Rubin and to staff. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Levy made a motion to place Ordinance 26, 2004 on first reading by title only. Councilmember Delgado 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 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. Petitioner for Resolution 200, 2004 indicated willingness to be heard following the item for The Sanctuary. Councilmember Levy made a motion to re -order the agenda to next consider The Sanctuary item. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. Ordinance 35, 2004 - (1St reading) The Sanctuary PBG HOA, 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. (Resolution 176, 2004 is a companion item to Ordinance 35, 2004 and will require Council action only on second reading.) Resolution 176, 2004 - The Sanctuary PBG HOA, Inc. Lake Access Tract. A Resolution of the City Council of the City of Palm beach Gardens, Florida approving an amendment to the Sanctuary Planned Unit Development (PUD) located on the North side of Hood Road approximately 1,500 feet West of Prosperity Farms Road, as more particularly described herein; providing for conditions of approval; and providing an effective date. The City Clerk read Ordinance 35, 2004 on first reading and read Resolution 176, 2004. Mayor Jablin declared the public hearing open. City Forester Mark Hendrickson presented the proposed amendment. Sherry Hyman spoke on behalf of the petitioner. Bob Benz, Land Design South, provided a power point presentation. Mike Gfesser, resident, expressed concern that staff was taking a preserve out of preserve status and stated he was challenging this. Mr. Gfesser presented his case and submitted documents to be placed into the record. Carol Purcell, 59 Princewood Lane, reported the lake was seriously polluted and immediate aeration was required; and requested re- platting. Mayor Jablin announced there was an 11:30 p.m. curfew; it was 11:27 p.m., and called for a motion to continue the public hearing to the next meeting and to place it first on the agenda. Vice Mayor Russo made a motion to continue the public hearing for Ordinance 35, 2004 to the next City Council meeting on October 21, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. ORDINANCES: Ordinance 41, 2004 — An Emergency Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the construction, reconstruction, and repair work on structures damaged by Hurricane Frances and Hurricane Jeanne; authorizing the City CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/7/04 5 Manager to implement necessary modifications to the development review and building permit process; and providing an effective date. The City Attorney read Ordinance 41, 2004. Mayor Jablin declared the public hearing open. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Delgado made a motion to approve Ordinance 41, 2004. Vice Mayor Russo seconded the motion, which carried by unanimous 4 -0 vote. POSTPONEMENT: Mayor Jablin declared the public hearing open for Resolution 200, 2004. Vice Mayor Russo made a motion to continue the public hearing to a date certain of October 21, 2004. Councilmember Levy seconded the motion, which carried by unanimous 4 -0 vote. ADJOURNMENT: There being no further business to discuss "ff i "cling was adjourned at 11:30 p.m. APPROVAL: MAf,. R'JABLIN COUYCILMEMBER DELW COUNCILMEMBER LVVY ATTEST: -- PATRICIA SNIDER CITY CLERK