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HomeMy WebLinkAboutMinutes Council 110394ROLL CALL ANNOUNCEMENTS AWARDING OF BIDS: EMERGENCY SERVICE VEHICLES (2) CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS NOVEMBER 3, 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 P.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. The City Clerk called the roll and present were Mayor Clark, Vice Mayor Monroe, Councilman Russo, Councilman Jablin, and Councilwoman Furtado. Mayor Clark stated the announcements were as posted on the City's Bulletin Boards. City Manager Herakovich announced four bids had been received and opened on 10/26/94, and staff had recommended the low bid from Emergency Vehicles, Inc. of $102,900 per unit for a total of $207,800 with prepayment of chassis for two units. Finance Director Olson recommended the $13,900 per unit overage above the amount budgeted for these units be paid from the Fire Impact Account. Vice Mayor Monroe made a motion, seconded by Councilwoman Furtado to approve staff recommendation. Motion carried 5 -0. In response to Councilman Russo, Chief Brown informed 0 CITY COUNCIL REGULAR MEETING, 11/3/94 PAGE 2 the City Council that transport would begin on January 1, 1995, if approved by the County Commission on December 20. ITEMS BY MAYOR AND CITY COUNCIL: COUNCILWOMAN FURTADO Councilwoman Furtado thanked the staff for their attendance at the visioning workshop and requested the results be made known to the public. The City Manager reported there had been an article in the Jupiter Courier. Councilwoman Furtado commented on the good driver certificates given by the Police Department and that the Lake Catherine Task Force favored placing in homeowners documents a "buyer beware" statement. Councilmen Russo stated that statements regarding nearby roads, undeveloped areas, etc. needed to be in the purchase contracts. Discussion ensued regarding the difficulty of monitoring contracts to be sure they included the statements. City Attorney Baird advised against inserting conditions into sales contracts since he did not believe the City had the power to insert conditions into contracts between private parties, and suggested the City Council focus on a cooperative effort with the property owners. vice Mayor Monroe reported on methods the County used in similar situations, to which Attorney Baird submitted that people were voluntarily complying because they CITY COUNCIL REGULAR MEETING, 11/3/94 PAGE 3 believed they had to or because they did not want to spend the money for a judicial ruling, since he believed the County in fact had no standing to enforce such conditions. Mayor Clark suggested that City Attorney Baird and Planning and Zoning Director Walton work to provide the best way to handle the situation. In response to Councilwoman Furtado, City Manager Herakovich reported Home Depot had agreed to look at their ability to construct a wall behind their entrance and a wall along the roadway, and was very willing to correct the problem. COUNCILMAN RUSSO Councilman Russo reported that at a recent Recreation Advisory Board meeting the Board had been very enthusiastic over the lights at the Lake Catherine ball field and the City's direction of acquiring more recreation land, and wished to be involved in that process. City Manager Herakovich responded to Councilman Russo that the roller hockey program would be sponsored through the Youth Athletic Association which would be raising funds for that purpose and that Gold's Gym had committed to one half of the cost. Councilman Russo reported there was a lot interest and enthusiasm for the North County Economic Advisory Group, which would hold their December 8 meeting in Palm Beach Gardens. i D CITY COUNCIL REGULAR MEETING, 11/3/94 CONSENT AGENDA: PAGE 4 City Manager Herakovich asked that Item 5, Resolution 146, 1994, Approving a conceptual landscape plan for I -95 and PGA Boulevard landscaping grant be pulled from the Consent Agenda since FDOT had advised it was not necessary. Vice Mayor Monroe made a motion to approve the Consent Agenda with item 5 deleted. Councilman Russo seconded the motion. The motion carried unanimously. The following items were approved on the Consent Agenda: 1. Approval of Minutes of 10/13/94 City Council Workshop Meeting. 2. Approval of Minutes of 10/20/94 City Council Regular Meeting. 3. Proclaiming 2/9/95 - 2/11/95 and 2/16/95 - 2/18/95 as Shrine Hospital Days. 4. Proclaiming 11/14/94 - 11/20/94 as Voice of Democracy Week. 6. Resolution 150, 1994 - Supporting Initiation of Passenger Service on FEC Corridor. 7. Resolution 153, 1994 - Setting forth those persons who are authorized to sign checks on all bank accounts of the City and authorizing persons access to safety depository boxes. 8. Resolution 154, 1994 - Approval of name change for a road located in The Sanctuary PUD. I CITY COUNCIL REGULAR MEETING, 11/3/94 PAGE 5 PUBLIC HEARINGS: ORDINANCE 9, 1994 Mayor Clark opened the Public Hearing for Ordinance 9, 1994, which was duly advertised 10/19/94 and held on the intent of Ordinance 9, 1994, amending the Comprehensive Land Use Plan of the City as set forth in Exhibit "A"; providing for the repeal of all ordinances or parts of ordinances in conflict herewith; providing for severability; and, providing for an effective date. There being no comments from the public, Mayor Clark declared the public hearing closed. Vice Mayor Monroe made a motion, seconded by Councilwoman Furtado, to place Ordinance 9, 1994, on second and final reading and for adoption of same. The motion was unanimously approved by the City Council. The City Clerk read, on second reading, Ordinance 9, 1994. RESOLUTIONS: RESOLUTION 86, 1994 During discussion of placing at -large representatives in vacant slots in the absence of SAC volunteers, Alan Adams brought to the attention of the City Council that those at -large representatives would need to become SAC members and attend the SAC meetings. From comments made by Garret Grainier, Jr. the City Council learned that students were probably unaware that they could participate on the Board. Alan Adams urged the City Council to appoint the Board members so that I CITY COUNCIL REGULAR MEETING, 11/3/94 PAGE 6 its work could begin, and to work out problems later. Motion was made by Councilwoman Furtado, seconded by Councilman Russo to approve Resolution 86, 1994 with the following names inserted in the blanks: Alan Adams, Garret Grainger, Jr., Anne Roth, Mary Ingles, and Lisa Ridgely for two -year terms; Monika Adams, Abbey Jablin, James Maynor, Ronald Porter, and Jan Porter for one -year terms. Motion carried 5 -0. Councilman Jablin was selected as Council Liaison with Councilwoman Furtado as alternate Council Liaison. RESOLUTIONS: RESOLUTION 103, 1994 City Manager Herakovich advised that Resolution 103, 1994, approval of an agreement with Northern Palm Beach County Water Control District for PGA Boulevard improvements, had been pulled from the agenda since the attorney was still working on appropriate documents. RESOLUTION 116, 1994 Fire Chief Arrants provided background and explained provisions of Resolution 116, 1994. Councilwoman Furtado moved approval of Resolution 116, 1994, Authorizing and directing the Mayor and City Clerk to execute an Interlocal Emergency Services Agreement. Motion was seconded by Councilman Russo. Motion carried 5 -0. RESOLUTION 132, 1994 Planning and Zoning Director Rich Walton reviewed the CITY COUNCIL REGULAR MEETING, 11/3/94 PAGE 7 staff report dated October 26, 1994, and provided additional background to the City Council. Councilman Russo expressed his opinion that the City needed to establish a policy for dealing with gates for larger communities when a developer was requesting the gates and not the residents. Both Councilman Russo and Councilman Jablin expressed concern that unmanned gates would bring problems for future residents. Councilwoman Furtado disagreed and stated her feeling was that gates should be allowed on private roadways and that they should be the responsibility of the homeowners if they did not work properly. Vice Mayor Monroe also expressed concern that the City Council would be going too far in regulating gates on private roadways. A possible future resident of the Sanctuary stated he thought the homeowners should decide the issue of gates since they would be paying for them. Mr. Timothy Hernandez, Agent for the petitioner, stated another entrance had been added to the subdivision, which should allay some of the fears that people would be trapped if the gate at a single entrance broke down. He stated the gates were requested as the result of marketing studies which showed people wanted security. Councilman Jablin CITY COUNCIL REGULAR MEETING, 11/3/94 PAGE 8 expressed his opinion that a guarded gate would provide more security, and a person would be available to open the gate when it did not work. The petitioner stated the addition of a guardhouse would be difficult since the layout of the entry had a narrow right -of- way. The petitioner was asked if the problems that existed with The Hunt Club had been worked out, to which Mr. Hernandez assured the City Council that those problems were being addressed and that communication was open with the residents. Motion was made by Councilwoman Furtado to approve Resolution 132, 1994, Amendments to The Sanctuary PUD, re: modification to gate entry and redesign of monument signs. Motion was seconded by Vice Mayor Monroe. Motion carried by a vote of 3 - 2 with Councilman Russo and Councilman Jablin dissenting for reasons previously stated. RESOLUTION 138, 1994 Rich Walton commented that Arby's Restaurant had requested approval of their exterior paint colors to be changed to a white building with gray and red trim, and to change the brown metal roof to red. C. B. Turner, Agent for the Petitioner, stated in regard to Vice Mayor Monroe's concern of how their proposed colors related to those of the shopping center, that the existing landscaping completely blocked any view CITY COUNCIL REGULAR MEETING, 11/3/94 PAGE 9 of the shopping center from Arby's Restaurant. The City Council requested a more moderate color scheme be presented at a future meeting. Motion was made by Vice Mayor Monroe to postpone Resolution 138, 1994, for further consideration pending the applicant's submission of an acceptable color plan. Motion was seconded by Councilman Jablin. Motion carried 5 -0. RESOLUTION 143, 1994 Planning and zoning Director Rich Walton told the City Council that petitioner, Trinity United Methodist Church, was requesting site plan approval for additional parking, a landscape buffer, a temporary sidewalk, and paved access drives. Ed Oliver, Agent for the Petitioner, requested City Council approval for a waiver from installing wheel stops in their grass parking area. It was unclear whether the City Council had the power to grant such a waiver since the code required the wheel stops. Vice Mayor Monroe stated she would like to see a code amendment that would recognize that curbs or wheel stops not be required in permitted unpaved parking areas if the open space exceeded the minimum by a certain number of feet. Petitioner stated he would prefer approval of the Resolution with the requirement for wheel stops and then request a variance from them for the entire property at a later date. Motion was made by CITY COUNCIL REGULAR MEETING, 11/3/94 PAGE 10 Councilwoman Furtado to approve Resolution 143, 1994 - Minor amendment to Trinity United Methodist Church Master Plan re: parking area. Motion was seconded by Councilman Russo and unanimously carried. RESOLUTION 145, 1994 Planning and Zoning Director Rich Walton informed the City Council that Admiralty II PUD was requesting an amendment to their ground sign to add a fourth tenant message, however current code allowed only three tenant messages. Vincent Pappalardo, representative of the owners of Sensations Too Hair Salon located in the Radisson Suite Hotel in the Admiralty II PUD, reminded the City Council that they had denied a previous request to enlarge the ground sign and add a fourth tenant message, and tonight's petition requested an addition of a fourth tenant message without enlarging the sign. Mr. Pappalardo stated he had researched the code and found that they could place a sign on the building advertising the hair salon without City Council action as that was allowed by code. Vice Mayor Monroe moved approval of Resolution 145, 1994, as amended by the following addition under section I: "Further, the applicant agrees that this approval shall be in lieu of any signage which might otherwise be permitted on the building." Motion was seconded by Councilwoman CITY COUNCIL REGULAR MEETING, 11/3/94 PAGE 11 Furtado and unanimously carried. RESOLUTION 151, 1994 Discussion of the request by St. Ignatius Catholic Church for a covered walkway and parking structure revealed that the 17 -oz. vinyl required by code was not manufactured, but the 16 oz. + or - grade was the equivalent of 17 oz. reinforced grade, which the Building Official had certified. Motion was made by Vice Mayor Monroe to approve Resolution 151, 1994. Motion was seconded by Councilwoman Furtado and unanimously carried. RESOLUTION 141, 1994 Councilwoman Furtado moved approval of Resolution 141, 1994, appointing two regular members to the City's Code Enforcement Board to fill the unexpired terms of Michael Posner and Gregory Bills with the names of Otto C. Rugley and Janice Rausch inserted in the blanks. Motion was seconded by Vice Mayor Monroe. After discussion, Councilwoman Furtado amended the motion to approval of Resolution 141, 1994, with the names Otto C. Rugley and Janice Rausch with the appointment of Janice Rausch contingent upon her resignation from the Zoning Board of Appeals. Motion was seconded by Vice Mayor Monroe. Motion carried 5- 0. ORDINANCES: ORDINANCE 21, 1994 City Attorney Baird explained that Ordinance 21, 1994 CITY COUNCIL REGULAR MEETING, 11/3/94 PAGE 12 would update the existing code enforcement board ordinance and incorporate some procedures that should improve the efficiency of the way staff enforces the code. An alternative enforcement procedure would allow the code enforcement officer to give someone a citation in much the same way that a police officer would issue a citation for a minor offense which could be adopted by the City to further bolster opportunities for code enforcement, and which would require changes to the ordinance that could be added before the second reading if Council agreed. Vice Mayor Monroe requested that staff conduct further research by requesting information from other municipalities who had used this alternative, and directed staff with the assistance of the City Attorney to draft language so that damage to each tree would be a separate violation. Vice Mayor Monroe moved that Ordinance 21, 1994, be placed on first reading by title only. Motion was seconded by Councilwoman Furtado. Motion carried 5 -0. The City Clerk read by title only on first reading Ordinance 21, 1994. ITEMS FOR COUNCIL ACTION PURCHASE OF FOUR 4 VEHICLES City Manager Herakovich requested authorization to purchase 1 1994 Chevrolet 1 -ton 4 x 4, 1 1994 CITY COUNCIL REGULAR MEETING, 11/3/94 PAGE 13 Chevrolet 1 -ton dump truck, and 2 1994 Chevrolet 3/4 ton pickup trucks. Motion was made by Councilwoman Furtado to approve the purchase of the four vehicles as requested. Motion was seconded by Vice Mayor Monroe. Motion carried 5 -0. APPROVAL OF ARTIGRAS 1995 Motion was made by Councilman Russo to approve the request of Northern Palm Beaches Chamber of Commerce to use certain areas around The Gardens of the Palm Beaches north and east perimeters for Artigras 1995 to be held February 18, 19 and 20, 1995 10 A.M. to 6 P.M. daily. Motion was seconded by Vice Mayor Monroe. Motion carried 5 -0. ITEMS FOR DISCUSSION PROSPERITY CENTER PUD MISCELLANEOUS MINOR AMENDMENT FOR EXPANSION OF PREZZO'S RESTAURANT Jeff Lis, Agent for the petitioner, reviewed the plan and explained the remodeling desired by Prezzols Restaurant. After discussion, it was the consensus of the City Council that they had no problems thus far but would like the opportunity to physically review the site and place this item on the next available Council agenda. SOVEREL HARBOR PUD TIME EXTENSION Planning and Zoning Director Walton stated this CITY COUNCIL REGULAR MEETING, 11/3/94 PAGE 14 request was for a two -year time extension of the PUD which expired November 17, 1993, however petitioner had submitted an application on November 15, 1993, requesting a two -year extension which contained an unrealistic traffic report inconsistent with the construction time - schedule chart. After a lengthy process of trying to obtain a viable traffic report, Planning and Zoning had sent petitioner a letter on July 21, 1994 stating the PUD was considered abandoned; however, Assistant City Attorney Paul Golis had determined the PUD not to be abandoned and that the time extension request should be processed. It was the consensus of the City Council to deny the petition since they believed that good faith had not been shown by the applicant. CITY MANAGER City Manager Herakovich reported some adjustments may be made in the pavilion for The Oaks park to address residents' concerns. The Chamber of Commerce Governmental Concerns group expressed willingness to support City efforts in governmental affairs such as opposing State mandates. CITY ATTORNEY City Attorney Baird briefly reported on possible time schedule for impending law suits. GARDENS COUNTRY CLUB PCD (CORDANI) Planning and Zoning Director Walton summarized the CITY COUNCIL REGULAR MEETING, 11/3/94 PAGE 15 staff report, in which the Planning and Zoning Commission had recommended approval of the petition with 32 conditions. Vice Mayor Monroe expressed concern over the dollars it would take for day -to -day operation of the police and fire services for the development, and whether a 2000 S.F. facility would be adequate. The City Manager explained that the size had been recommended by the Chief, that a small EMS unit that was not used extensively would be moved from another location in the city, and that with a fire and police facility closer to the site, response times could be maintained. In response to Councilman Russo, City Attorney Baird responded that the Comprehensive Plan established a level of service for police and fire which could not be met by private security officers because they do not have the same power and authority as police officers to enforce the law, and conditions must be maintained to address westward expansion without detriment to the eastern portion of the City. No further discussion was possible because of the 11:30 p.m. curfew. The City Council will continue Workshoping this item on 11/17/94. ADJOURNMENT There being no further business to discuss, motion was made by Councilman Russo, seconded by Vice Mayor CITY COUNCIL REGULAR MEETING, 11/3/94 ATTEST: PAGE 16 Monroe, and unanimously approved to adjourn the meeting at 11:29 P.M. MAYOR DAVID CLARK VICE MAYOR LINDA MONROE ,! I CO CILrkAN JOSEPH RUSSO COUNCILMAN ERIC JA IN COUNCILWOMAN LAUREN FURTADO v -r- • LINDA V. KOSIER, CMC, CITY CLERK I f 1 ground DEVELOPING* BUILDING - LEASING * MANAGING ■IIIIA � � � � � Ir �II�� � � •� � � Parking Affidavit Prosperity Centre Prezzo Addition Please allow this affidavit to serve as my personal testimony that on the night of November 3, 1994 at 7310 p.m. I personally inspected all the parking spaces at Prosperity Centre and took a senes of photographs to verify my inspection, so as to be able to present to the City Council of Palm Beach Gardens a current overview perspective of the existing parking demand on the development caused by restaurant operations observeda3.1 vacant parking spaces in the center at that time. Respectfully submitted bAmE —6ATALFUMO, Pres.' PGA One, Inc., Managing General Partner 1540 LATHAM ROAD • WEST PALM BEACH, FL 33409 • (407) 471 -0338 • FAX (407) 471 -1201