Loading...
HomeMy WebLinkAboutMinutes Council 070794CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS July 7, 1994 The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Mayor Clark at 7:30 F.M. in the Assembly Room of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of Allegiance to the Flag. ROLL CAI . The Deputy City Clerk called the roll and present were Mayor Clark, Vice Mayor Monroe, and Councilman Jablin. Councilman Russo arrived at 7:41 P.M. Councilwoman Furtado arrived at 7:38 P.M. ANNOUNCEW,,NTS Mayor Clark stated the announcements were as posted on the City's Bulletin Boards. PRESENTATIONS Alan Strassler Mayor Clark expressed the City's gratitude to Mr. Strassler for his many years of service on the Planning & Zoning Commission. Landfill Committee Report Alan Adams presented the final report of the Landfill Committee, which was established in October, 1993 with seven members and Councilman Jablin as the City Council Liaison. The committee investigated three areas of health concerns as they related to the drinking water of Palm Beach Gardens: (1) Possibility of contaminated ground water in the West Lake Park Landfill; (2) Contaminated drinking water wells in the Lilac Street's wellfield; and (3) alleged cancer clusters. Data used by the committee was obtained from the Health Department, Seacoast Utility Authority, DEP, DERM, Solid Waste Authority, and George Cox, who had r1 M 4 CITY COUNCIL REGULAR MEETING, 7/7/94 PAGE 2 collected data for the Dump Committee. The results of the investigation were that currently the drinking water has met all purity standards and the committee believed the water is safe to drink. (1) Results of the landfill investigation included a report by Dames & Moore which monitored well clusters around the landfill and found contamination of ground water at slightly over allowable levels within the landfill; however, none of the monitored wells outside the landfill showed any contamination. Tests also showed ground water moved in a southeasterly direction from the landfill. At the recommendation of the committee, DEP and the Solid Waste Authority agreed to establish additional monitoring wells south and east of the landfill and to continue monitoring all of the wells. The committee recommended prohibition of construction on the landfill and that any construction around the landfill be undertaken with care. No current health problems were found to be related to the landfill. (2) Investigation revealed the Lilac Street wellfield contained two wells contaminated by volatile organic contaminants for which Seacoast Utility has taken 'I M the necessary precautions to purify the water by operation of an air stripper. The committee recommended that Seacoast Utility continue operation of the air stripper and current testing patterns and that a concerted effort be made to identify the source of the contamination and to clean it up. Further recommendations were to follow up efforts to obtain a copy of a recent environmental study from the Weiss CITY COUNCIL REGULAR MEETING, 7/7/94 PAGE 3 Group and to inform the DEP of the City activities related to the Public Works area. (3) Results of the investigation into cancer clusters were that there was no cause for concern due to the water supply and no further action was recommended by the committee. General recommendations were that the City Engineer should evaluate the findings of all future testing of monitoring wells at the landfill and report the findings to the City Council on a regular basis, with any unusual results to be reported immediately and in writing; and that the committee continue to sit as an inactive committee ready to reconvene should the City Engineer identify any significant problems related to the quality of drinking water in the City of Palm Beach Gardens. Councilman Russo requested the committee's report be sent to af'ected homeowners' associations in Palm Beach Gardens. ITEMS BY MAYOR AND CITY COUNCIL VICE MAYOR MONROE Vice Mayor Monroe asked staff to establish a time certain on the agenda for Developer's presentations. COUNCILMAN RUSSO Councilman Russo reported the Capital Improvements Recreational Committee would proceed with work toward obtaining additional ball fields and would make recommendations to the City Council. COMMENTS FROM THE LPUBLIC SAM CARSILLO In response to Mr. Carsillo, Vice Mayor Monroe announced that the helipad had been established at the hospital. Mr. Carsillo expressed his appreciation to the i M i 4 CITY COUNCIL REGULAR MEETING, 7/7/94 PAGE 4 Council for their efforts. Mr. Carsillo protested high insurance rates for young people who have had no violations and stated everyone should be rated according to his own record and not placed into an age category for insurance rates. Mr. Carsillo reported favorably on the progress of the new library; requested data on accidents at train crossings be collected to be submitted to Washington; and requested bicycle paths and sidewalks be made a priority. LINDA HUGHEY Linda Hughey of 9120 Reed Drive informed the City Council that in her neighborhood near Northlake and Military Trail that rats and mosquitos were a serious problem. She also requested that money be allocated in the budget for victim advocate training for police officers who would deal with child abuse, available through Palm Beach Atlantic College. CONSENT AGENDg: Vice Mayor Monroe Vice Mayor Monroe made a motion to approve the Consent Agenda with items 3, 4 and 8 removed. Councilwoman Furtado seconded the motion. The motion to approve the Consent Agenda as amended carried 5 -0. The following items were approved on the Consent Agenda: 1. Approval of Minutes of 6/9/94 City Council Workshop Meeting. N 2. Approval of Minutes of 6/16/94 City Council Regular Meeting. 5. Resolution 80, 1994 - Supporting the Urban Forestry Grant. 6, Resolution 81, 1994 - Repealing Resolution 89, 1992, re: Jog Road. 7. Resolution 82, 1994 - Supporting the Beautiful Palm Beaches Grant. 9. Resolution 85, 1994 - Authorizing City Manager to file application for a M 4 CITY COUNCIL REGULAR MEETING, 777/94 PAGE 5 portion of County Emergency Medical Services Surcharge Award Program Funds. 10. Resolution 87, 1994 - Authorizing the Mayor and City Clerk to execute Addendum #9 to the U.S. Postal Service Short Form Lease. Vice Mayor Monroe made a motion to approve the City Council Workshop Meeting minutes of 6/23/94 with the following changes: page 4, second paragraph, second se:atence, add "as a conditional use" after the word "districts" and delete the words "and against PGA ". The motion was seconded by Councilman Russo. The motion carried 5 -0. PUBLIC HEARINGS: ORDINANCE 12, 1994 Mayor Clark declared the public hearing open, which was duly advertised 6/1/94, recessed from the regular meeting of 6/16/94, and held on the intent of Ordinance 12, 1994, Providing a time extension for the issuance of building permits for the Oakbrook Corporate Center PUD. Staff recommended a 90 -day period for resolution of the outstanding unity of title requirement. Mr. Mathison, agent for the petitioner, stated for the record that the owners of the property felt that the unity of title would be a psychological impediment to a purchaser of the property and the owners would prefer that the existing recorded unity of control remain the sole instrument which required development in accordance with the PUD; however, they had agreed to honor the 90 -day provision within the ordinance. City Attorney Baird explained the City did not want to act as a referee between a property owner .I M CITY COUNCIL REGULAR MEETING, 7/7/94 PAGE 6 who wanted to do something that another property owner felt was inconsistent with the site. It was the consensus of the City Council to amend Ordinance 12, 1994 by deleting the word "or" in condition number 4; in the first sentence of condition 5 to delete "prior to" and substitute "within 90 days after" and after "title" to insert "or other instrument acceptable to the City Attorney ", to delete the last sentence of ondition 5, and to delete the word "first" in the first sentence in condition 8. There being no further comments from the public, Mayor Clark declared the Public Hearing closed. Vice Mayor Monroe made a motion to place on second reading and to adopt Ordinance 12, 1994, as amended. The motion was seconded by Councilman Russo and passed by a 5 -0 vote. The Deputy City Clerk read by title only on second and final reading Ordinance 12, 1994. ORDINANCE 13, 1994 Mayor Clark declared the public hearing open, which was duly advertised 6/22/94, and held on the intent of Ordinance 13, 1994, Repealing Certain Sections of the Land Use Code and Adopting Land Development Regulation. There were no comments from the public. Vice Mayor Monroe made a motion to recess the Public Hearing to a time certain of August 4, 1994. The motion was seconded by i Councilman Russo and passed by a 5 -0 vote. ORDINANCE 14, 1994 Mayor Clark declared the public hearing open, which was duly advertised 6/22/94, and held on the intent of Ordinance 14, 1994, Amending Title III, "Administration ", Chapter 32 of the Code of Ordinances by creating Sections to include the creation of an "Education Advisory Board ". It was the consensus of the City Council to N 4 CITY COUNCIL REGULAR MEETING, 7/7/94 PAGE 7 allow City Attorney Baird time to consider proposed changes to the Ordinance. Councilman Russo responded to Alan Adams who questioned prohibiting employees of the Palm Beach County school system from sitting on the Education Advisory Board that since a conflict of interest could exist those employees should be allowed to participate but not be allowed voting privileges. There were no further comments from the public. Vice Mayor Monroe made a motion to recess the Public Hearing to a time certain of July 21, 1994. The motion was seconded by Councilman Russo and passed by a 5 -0 vote. ORDINANCE 15, 1994 Mayor Clark declared the public hearing open, which was duly advertised 6/22194, and held on the intent of Ordinance 15, 1994, Amending the BallenIsles PCD, approved by Ordinance 8, 1989, by redesigning the Master Plan to reconfigure development parcels and the golf course. Petitioner requested condition one be deleted and that language for condition three be changed. Jeff Pressu, representing Cypress Hollow homeowners, requested BallenIsles be allowed to keep the Australian pines between Cypress Hollow and BallenIsles. Doug Brookbank, 9260 Cypress Hollow Drive, requested a drawing be made available of the proposed buffer landscaping. The developer was requested to look into fencing that could .I protect residents of Cypress Hollow from construction traffic until BallenIsles' main M road was completed. There being no further comments from the public, Mayor Clark declared the Public Hearing closed. Vice Mayor Monroe made a motion to place on second reading and to adopt Ordinance 15, 1994, as amended. The motion 40 4 CITY COUNCIL REGULAR MEETING, 7/7/94 PAGP R was seconded by Councilwoman Furtado. The Deputy City Clerk summarized the amendments as follows. On page 2, number 5 would be changed to May 3rd, Section 3 number 1 would read, "The posted and Viewed right -of way shall be abandoned by Palm Beach County prior to approval of the first PUD east of BallenIsles Drive, with the exception of the clubhouse renovation." Section 3 number 3 would read, "the legal description, sketch of survey, and right -of -way deed for the realignment of Hickory Drive shall be prepared and escrowed with the City prior to the approval of any planned new development east of BallenIsles Drive. The conditions and time frame for recording, funding and completing construction of Hickory Drive improvements by the applicant shall be embodied in thc escrow agreement or as otherwise directed by the City Attorney." Section 3 number 5 would read, "All exotic vegetation shall be removed with the exception of the Australian pines 100 feet east of the edge of the pavement of BallenIsles Drive to Cypress Hollow "... etc. At the end of Section 3 number 7 would be added: "If the Petitioner cannot obtain a permit from any multi - jurisdictional agency for said work the Petitioner shall return to City Council to amend the Master Plan ". The motion passed by a vote of 4 -0. The Deputy City Clerk read by title only on second and final reading Ordinance 15, 1994. RESOLUTIONS: RESOLUTION 83, 1994 Jeff Lis of Catalfumo Construction described the Art in Public Places sculpture proposed for Good Samaritan North which Catalfumo was constructing near the 4 CITY COUNCIL REGULAR MEETING, 7/7/94 nA/. n Gardens Mall. A 10 —foot high white marble abstract sculpture titled "Doctor/Patient Relationship" would be placed against a backdrop of trees, and two small bronze Key deer and a small bronze turtle would be placed amid shrubbery. Applicant requested that certificate of occupancy be issued upon completion of the building even though the art was not anticipated to be completed for an additional four months. The Council assured the applicant that it did not anticipate that would be a problem, but asked him to submit proper documentation for this request. A motion was made by Vice Mayor Monroe to approve Resolution 83, 1994. The motion was seconded by Councilman Russo and passed by a vote of 4 -0. RESOLUTION 79, 1994 It was the consensus of the City Council to return Resolution 79 to staff for resolution of differences in lane widths in the Palm Beach Gardens and Juno Beach sections. M RESOLUTION 84, 1994 Councilman Jablin voiced his concern that the City Council might support the Palm Beach County construction of a pier in Juno Beach/Jupiter when our neighbors did not support it. The other City Council members expressed support for the pier. Since Councilwoman Furtado had left the meeting, it was the consensus of the City Council to place this item on the next meeting's agenda when all council members would be present. ORDINANCE 16, 1994 A motion was made by Vice Mayor Monroe to place Ordinance 16, 1994, Amending Chapter 110 of the Palm Beach Gardens Code, entitled Licensing; providing for the Registration of Persons Engaged in Certain Occupations; I 4 CITY COUNCIL REGULAR MEETING, 7/7/94 PAGE 10 providing for amendments to Section 110.41 entitled "Fee Schedule; Maximum License Tax" on first reading by title only. Motion was seconded by Councilman Russo and passed 4 -0. The Deputy City Clerk read, on first reading, Ordinance 16, 1994. ITEMS FOR COUNCIL ACTION STATE ROAD 7/NORTHLAKE BLVD AGREEMENT Frank Palen, representing Ibis Landing Venture, Ltd., explained that Ibis Golf and Country Club when built had been required to contribute funds to the County for a two —lane section of future State Road 7 from their north boundary to their east entrance. An agreement had been drawn up to allow those funds to be used by the I County, along with funds provided by the BallenIsles impact fees and the City's irr pact fees, in order to expedite the Roadway Construction Project to eliminate traffic problems created by the existing two —lane construction of Northlake Boulevard. A motion was made by Councilman Jablin to approve and authorize the execution of the agreement for the State Road 7/Northlake Boulevard. The motion M was seconded by Vice Mayor Monroe and passed by a vote of 4 -0. CITY MANAGER: City Manager Herakovich reported a special event request had been received for HBO to hold a charity sports carnival at Gardens Mall. It was the consensus of the City Council that signs for the event must be in conformance with code. The City I Manager announced the Florida Parks and Recreation Association picnic would be A hosted by the City on July 16. City Manager Herakovich commended Deputy City 4 CITY COUNCIL REGULAR MEETING, 7/7/94 PAGE 11 Clerk Exa Rief on her years of service to the City. ITEMS FOR DISCUSSION: PGA NATIONAL SHOPPES ON THE GREEN Staff recommended that when requests for building permits or applications for site plans on the remaining outparcels at PGA Shoppes on the Green were submitted that verification be made that the minimum parking ratio of 4.9 per 1000 square feet of gross leasable area for the overall development was being maintained and that restaurants within the shopping center be limited to a total of 353 seats. Petitioner requested a ratio of 5.0 per 1000 square feet and that they be allowed to keep the 13,000 square feet already designated as restaurant space. It was the consensus of the City Council to draft a resolution requiring that a specific maximum number of square feet be designated for restaurant purposes. ADJOURNMENT There being no further business to discuss, a motion was made by Vice Mayor Monroe, seconded by Councilman Russo and unanimously approved, to adjourn the meeting at 11:29 P.M. 4 CITY COUNCIL REGULAR MEETING, 7/7/94 APPROVAL MAYOR DAVID CLARK VICE MAYOR, YND M()NROE ;cam COL(NCI H RUSS O COUNCILMAN ERIC JABLIN COUNCILWOMAN LAUREN FURTADO ATTEST: EXA M. RIFF, DEPUTY CITY CLERK PAGE 12 I M i 4 4