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HomeMy WebLinkAboutMinutes Council 051696PRESENTATIONS: TEAM AWARDS BILL BEVILLE ABBY JABLIN CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS MAY 16, 1996 The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Mayor Russo at 7:30 P.M. in the Assembly Room of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida. The City Clerk called the roll and present were Mayor Russo, Vice Mayor Furtado, Councilwoman Monroe Councilman Jablin, and Councilman Clark. Mayor Russo stated that the announcements were as posted on the City's bulletin boards. Team Awards were presented to employees Evan Bestland, Bristol Ellington, Dana Mack, Bob Patty, Mike Pietre, and Robin Smith. A Plaque of Appreciation was awarded to Bill Beville for his service as a member of the Merit Board from 7/93 to 9/95. A Plaque of Appreciation was awarded to Abby Jablin for her service as a member of the Education Advisory Board from 9/94 to 9/95. CITY COUNCIL REGULAR MEETING, 5/16/96 JAMES K. FAUST A Plaque of Appreciation was awarded to James K. Faust for his service as a member of the Code Enforcement Board from 8/91 to 3/96. RONALD F. PORTER II A Plaque of Appreciation was awarded to Ronald F. Porter II for his service as a member of the Education Advisory Board from 11/94 to 11/95. ITEMS BY MAYOR AND COUNCIL THAT REQUIRE ACTION Vice Mayor Furtado reported that she had learned the temporary sound barriers along I-95 between Northlake Boulevard and PGA Boulevard would only be erected on the east side of the roadway, which would make the sound worse on the west side. After discussion, it was the consensus of the City Council that Vice Mayor Furtado should proceed with setting up a meeting with the head of FDOT in order to address the major safety problems of Palm Beach Gardens residents living on the west side of the roadway. COMMENTS FROM THE PUBLIC GILBERT MOORE Mr. Moore announced his candidacy for the School Board District One, stated his prior experience, and requested that the City Council support the candidate they felt was best qualified. SCOTT BLAKE Mr. Blake expressed his support for Mr. Moore and requested that the City remain proactive an the concurrency and sales tax issue, and explained that he CITY COUNCIL REGULAR MEETING, 5/16/96 PLTBI,TC HFAR TN ,S : ORDINANCE 29, 1996 PAGE 3 was enlisting the support of parents. Mayor Russo commented that he did support concurrency in conjunction with sales tax with the caveat that the money raised in the City stay in the City, and also commented that ultimately the decision would be made by the voting public. Councilmember Jablin thanked Mr. Moore and Mr. Blake for their work, and announced a joint meeting of the County Commission and the School District on May 22. Councilwoman Monroe made a motion to approve the Consent Agenda as submitted. Vice Mayor Furtado seconded the motion, which carried by 5-0 vote. The following items were approved on the Consent Agenda: 1. Resolution 77, 1996 - Consideration of Approval of Replat of Lots 22 and 23, Banyan Isle at BallenIsles POD 29. Mayor Russo declared the Public Hearing open, which was duly advertised 12/25/95 and postponed from the 1/4/96, 2/1/96, 3/21/96 and 5/2/96 Regular Meetings, for consideration of Second reading and adoption of Ordinance 29, 1996 - Amending Section 159.029 of the Palm Beach Gardens Code Land Development Regulations (Effective Period of Development Orders). Planning and Zoning Director Richard Walton requested that CITY COUNCIL REGULAR MEETING, 5/16/96 PAGE 4 staff be allowed additional time to work on this ordinance. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilwoman Monroe made a motion that the City Council not adopt Ordinance 29, 1996, Councilman Jablin seconded the motion, which carried by unanimous vote of 5-0. ORDINANCE 5, 1996 Mayor Russo declared the Public Hearing open, which was duly advertised 5/1/96, for consideration of Second Reading and Adoption of Ordinance 5, 1996 - Amending Section 159.111 of the Palm Beach Gardens Code, Entitled "Parking and Storage of Commercial Vehicles, Boats, Buses, Trailers and Trucks"; Providing for Conditions to be Met to Establish a Legal Non -Conforming Use, Providing for Registration of Non -Conforming Uses; Providing for Recordation of Non -Conforming Uses. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. Councilwoman Monroe requested in Section 2 (E) the word should be changed to shall, and (within 24 months) be inserted after at maturity. Councilwoman Monroe also requested clarification whether on page 3 (F) the language was intended to ban parking of RVs in swales for unloading, to which Building Official Hanson responded that the language CITY COUNCIL REGULAR MEETING, 5/16/96 nn'" C prohibited any parking in swales since too many vehicles had been left in swales. Language in (d) should be changed to prior to August 18, 1995, and may register instead of must register. On page 5, the following wording was to be substituted: After the September 30 renewal date, a late penalty of $5.00 for each month of delinquency or part thereof to a maximum of $15.00 may be assessed. In the event a property owner does not register or renew his(her) registration within 90 days from adoption of this ordinance anniversary date, and then to continue as written. Councilwoman Monroe made a motion to adopt Ordinance 5, 1996 on Second Reading by title only with the above changes. Vice Mayor Furtado seconded the motion. After discussion, the change may register was changed to shall register, which Councilwoman Monroe included in the motion. Vice Mayor Furtado seconded the amended motion, which carried by unanimous vote of 5- 0. The Deputy City Clerk read Ordinance 5, 1996 by title only on Second Reading. ORDINANCE 7, 1996 Mayor Russo declared the Public Hearing open, which was duly advertised 5/1/96, for consideration of Second Reading and Adoption of Ordinance 7, 1996 - CITY COUNCIL REGULAR MEETING, 5/16/96 nrrr c Amending Chapter 93, Code of Ordinances, Relating to Fire Protection and Prevention by Creating a New Section 93.29 to Be Entitled "Recovery of Hazardous Substances Response Costs". Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to approve Ordinance 7, 1996 on Second Reading. Motion was seconded by Vice Mayor Furtado, and carried by unanimous 5-0 vote. The Deputy City Clerk read Ordinance 7, 1996 on Second Reading by title only. REROLUTTON : RESOLUTION 78, 1996 Councilman Jablin recommended that Scott Blake, Stasia Datchko, and Wayne Anderson be reappointed to the Education Advisory Board for another one-year term, and that the student who had applied, Jimmy Chaney, also be appointed for one year. Vice Mayor Furtado made a motion to approve Councilman Jablin's recommendation, and to delete Section 2 of Resolution 78, 1996 - Consideration of Appointments of Members to the Education Advisory Board until such time as interviews were completed, and to re -number the additional sections. Councilman Clark seconded the motion, which carried by unanimous 5-0 vote. ITEMS FOR COUNCIL ACTION: AUTHORIZATION TO FUND CRALLS STUDY After discussion, it was the consensus of the City CITY COUNCIL REGULAR MEETING, 5/16/96 PAGE 7 Council to direct staff to proceed with the CRALLS study so long as the affected applicants agreed to reimburse the City for the cost of the study. ITEMS FOR DISCTTSSTnN; STEEPLECHASE WALL After a report from City Attorney Baird regarding the resolution of outstanding legal issues, Planning and Zoning Director Walton explained that the request was to amend the Steeplechase Planned Unit Development to add an 8 -foot precast smooth textured concrete wall and associated landscaping within the existing 25 -foot wide buffer along Northlake Boulevard, and requested permission to delay installation of new landscaping until roadway project was complete. Gary Yanek, President of Steeplechase POA, explained that the wall was planned to be on top of the existing berm, and would be hidden by the landscaping. Mayor Russo advised that this matter would be scheduled for consideration as quickly as possible since this was a mitigation issue for Steeplechase residents. DUMPSTER ENCLOSURE REQUIREMENTS During discussion of the policy issue between screening dumpster sites and encouragement of recycling, Cindy Harris explained that this was not a money -driven issue and that the way the current ordinance was written, businesses were required to have a screening wall even though their dumpsters were CITY COUNCIL REGULAR MEETING, 5/16/96 PAGE 8 located in the rear out of public view, and gave an example that a screening wall would cost Promenade Plaza $40,000 for which they would receive no return. Some of the ideas discussed were to make recycling mandatory or to give some type of credit for recycling; to require dumpster space design for new projects; and to research ordinances of other cities regarding ways to deal with problems of existing businesses. NORTHCORP PCD AMENDMENT Domenick Lioce, agent for CTB Realty Ventures, Inc., explained that the Petitioner agreed with staff on all issues except three: (1) uses, (2) 80 -foot right-of- way, and (3) 50 -foot drainage pipe. Mr. Lioce requested that the drainage easement condition be qualified that in the event the outfall could no longer be used then the pipe would be installed. Mr. Lioce explained that the Petitioner still had a problem with the hotel, art gallery/museum and fraternal organization categories being listed as retail uses. Mr. Lioce explained that Lot 2 would become unusable and Lot 1 would be severely restricted if the 80 -foot right-of-way was required. Comments were made by the City Engineer. After ensuing discussion, it was agreed that all parties involved would meet to attempt to arrive at solutions, and that CITY COUNCIL REGULAR MEETING, 5/16/96 PAGE 9 the MacArthur Foundation would be made aware that it would be to their benefit to arrive at solutions. Mayor Russo commented that he wanted to get all of the issues resolved, and indicated that if all other issues were not resolved that he did not want to change any of the uses. ITEMS BY THF MAYOR ATM CITY COUNCIL COUNCILWOMAN MONROE Councilwoman Monroe announced that a meeting had been scheduled with western property owners and representatives of the equestrian community. Councilwoman Monroe reported that the City had lost its case against Tanglewood and the truck parked there, and that Code Enforcement would consider other alternatives. Councilwoman Monroe expressed the opinion that the City needed a traffic consultant who did not do business with other people in Northern Palm Beach County. COUNCILMAN CLARK Councilman Clark expressed concern regarding the level of fees being earned by members of the Planning and Zoning Commission from business within the City. VICE MAYOR FURTADO Vice Mayor Furtado reported she had attended the Chamber of Commerce Breakfast and had requested their help in distribution of information regarding the bond referendum by establishing a committee, help with the business survey, and help with obtaining signatures CITY COUNCIL REGULAR MEETING, 5/16/96 MAYOR RUSSO CITY MANAGER PAGE 10 for petitions regarding dividing the School Board into smaller districts. Vice Mayor Furtado expressed frustration that present and future MPO projects were not meshed properly, and too many studies and surveys were conducted, so that thousands of dollars in funds were expended unnecessarily. The Mayor reported he had toured the City's golf course, had won the golf tournament again, and reported favorable comments from a resident regarding the course. City Manager Herakovich announced a meeting of the Chamber of Commerce Governmental Concerns Committee as referenced by the Vice Mayor; reported that a workshop meeting was needed between the City and North Palm Beach to discuss various issues including road improvements on Northlake Boulevard; reported that a meeting had been set up with Mr. Guay regarding the Home Depot loading docks; and reported concerns expressed by BallenIsles residents that a proposed zoning change to Mixed Use on PGA Boulevard not go forward during the summer when residents were on vacation. The City Manager reported calls had been received from PGA National residents who did not want the Burger King, who had requested that the issue be reopened. A poll of City Council members who had CITY COUNCIL REGULAR MEETING, 5/16/96 CITY ATTORNEY ADJOURNMENT voted on the prevailing side was taken, with the result that no one wanted to reopen the issue. The City Manager reported that two entry signs for City designs had been received. Councilwoman Monroe reported that first steps were being taken towards working with North Palm Beach and Lake Park to improve various parcels along Northlake Boulevard, The City Engineer reported that he was scheduled to attend a meeting with North Palm Beach officials regarding issues discussed by the City Manager and reported he had been told that the Twin City Task Force had been converted to the Northlake Boulevard Task Force and were anxious to include Palm Beach Gardens. Timing for referendum information distribution was discussed. City Attorney Baird reported on the status of current cases. There being no further business to discuss, motion was made by Councilwoman Monroe, seconded by Councilman Jablin, and unanimously approved to adjourn the meeting at 9:58 P.M. CITY COUNCIL REGULAR MEETING, 5/16/96 APPROVATI r f r JOE RUSSO VICE MAYOR LAUREN FURTADO COUNCILWOMAN LINDA MONROE s! COUNC LMAN 4 JABLIN —" 1 COUNCILMAN DAVID CLARK ATTEST: f/ t/ CINDY HARVEY, DEPUTY CITY CLERK PAGE 12