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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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;
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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
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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
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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.
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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
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