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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
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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
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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.
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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
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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