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