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
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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
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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
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COUNC LMAN 4 JABLIN —"
1
COUNCILMAN DAVID CLARK
ATTEST:
f/ t/
CINDY HARVEY, DEPUTY CITY CLERK
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