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HomeMy WebLinkAboutMinutes Council 042194ROLL CALL ANNOUNCEMENTS CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS APRIL 21,1994 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 e Clark, Councilman Jablin, and Councilman Russo. Vice Mayor Monroe arrived at 8:45 P.M. Councilwoman Furtado was absent due to illness. Mayor Clark stated the announcements were as posted on the City's Bulletin Boards. The Palm Beach Gardens Golf Pro, Pat Dorgan and Brahm Dubin presented the Council Members with putters to be used on their visit to the course Sunday. They also brought the trophy that will be presented to the winner of the City Council Cup. PRESENTATIONS SIGN CODE COMMITTEE FINAL REPORT Jack Hansen, Building Official, summarized the Sign Code Committees final report. The major change recommended by the Committee was to allow the ability to have a white neon "OPEN" sign of a maximum size of 3 square feet in the window of a business. It was the consensus of the CITY COUNCIL REGULAR MEETING, 4/21/94 PAGE 2 City Council to direct staff to prepare the sign code committee's amendments to the ordinance to be presented to the City Council for consideration. JUNO BEACH A1A CLOSING A slide presentation by Mayor Harris of Juno Beach summarized changes that had been made to the Town of Juno Beach since the development of the Comprehensive Plan, and stated Juno Beach plans to become more environmentally sensitive and to establish environmental information and learning centers. The section of AlA proposed for closing to automobiles would have bike trails, rollerblading, 8 -foot wide pedestrian walkways, seating and viewing areas, with low level lighting on both sides of the street which would be lined with palm trees. Juno Beach would like to work together with the City of Palm Beach Gardens along the boundaries between the two municipalities to make improvements for the benefit of residents and visitors. Vice Mayor Monroe suggested most of the proposed improvements could be made leaving the road open, which was supported by the other council members. Mayor Harris stated because of opposition he did not consider the closing of AlA an issue at this time. ITEMS BY MAYOR AND CITY COUNCIL ANTI -DRUG ABUSE ACT GRANT FUNDS Motion was made by Vice Mayor Monroe to grant approval for Mayor Clark to sign a letter authorizing distribution M CITY COUNCIL REGULAR MEETING, 4/21/94 of Anti -Drug Abuse Act Grant funds for fiscal year 1993- 94 which had been received by Palm Beach County to be used for substance abuse programs. Motion was seconded by Councilman Jablin and unanimously approved. VICE MAYOR MONROE Vice Mayor Monroe reported she had attended the Earth Day Clean -Up and thanked those who participated. COUNCILMAN RUSSO Councilman Russo reported Pratt & Whitney will be staying in Palm Beach County. Councilman Russo reported attending the Municipal League meeting and recommended granting their request for a $200 donation to Directions 194 for expenses. Motion was made by Vice Mayor Linda Monroe to authorize payment of $200 from the Council Contingency to Directions 194. Motion was seconded by Councilman Jablin and unanimously approved. MAYOR CLARK Mayor Clark reported he had attended a meeting of the Loxahatchee Council of Governments where a report was presented on the progression of salt water intrusion farther into the river. Mayor Clark also reported attending the Earth Day Ceremony where a Norfolk pine tree had been planted in front of City Hall. COMMENTS FROM THE PUBLIC Susan Wood, resident of Palm Beach Gardens, reported that citizens are very much in favor of sidewalks, recycling, E I I CITY COUNCIL REGULAR MEETING, 4/21/94 and youth sports, and would like to see these things continued and complimented the City Council on their work. RE -ORDER OF AGENDA It was the consensus of the City Council to establish a time certain of 11:00 p.m. for the City Manager's Report, with the City Attorney's Report immediately thereafter, and to limit Council members' items for discussion to 5 minutes each unless a Council member stated ahead of time that he or she needed extra time on a specific item. CONSENT AGENDA: Vice Mayor Monroe made a motion to approve the following items on the Consent Agenda, seconded by Councilman Russo and approved by a vote of 4 -0. 1. Approval of 4/7/94 City Council Regular Meeting Minutes. 2. Proclaiming 4/24- 4/29/94 as "Victim's Rights Week'. f 3. Resolution 30A, 1994 - Amendment to Resolution 30, 1994 Amendment to The Oaks PUD landscaping. PUBLIC HEARINGS ORDINANCE 1, 1994 Bristol Ellington, Planner, addressed the Council and updated them on changes made to Ordinance 1, 1994, Amending Chapter 159 of the Palm Beach Gardens Code creating Section 159.065 entitled "Covered Parking F Structures ". Concerns previously raised by the City Council had been addressed, particularly the quality and durability of materials for the coverings as well as resistance to fading and wind. Certification by a 9 CITY COUNCIL REGULAR MEETING, 4/21/94 PAGE 5 licensed structural engineer was required to confirm that the design criteria for 110 -mph wind speed and wind loading had been met; canvas would be prohibited; and 17 -ounce reinforced grade vinyl was to be minimum. Councilman Russo's concern was that under straight zoning 10% of parking could be covered parking anywhere as long as setback requirements were met. It was the consensus of the City Council to direct staff to add language increasing setbacks so that the covered parking is not visible from the street or from a neighbor's view and to restrict to 5% of parking spaces which could be increased under a PUD, and possible restriction to the rear of the building. Mayor Clark directed City Council members to contact Mr. Ellington with any additional specific suggestions to assist staff in drafting a version more likely to be approved. Mayor Clark declared the Public Hearing open, which was duly advertised 4/6/94; and held on the intent of Ordinance 1, 1994. Larry Smith asked the Council to consider approval for the Harbor Shoppes covered parking to be presented later in the meeting since specific criteria was available. Engineer Len Tolka spoke regarding his experience with the awning industry and stated structures need to be fully welded for proper wind loading, and fasteners should be rated for 140 mph. There being no further comments from the public, Mayor Clark declared the Public Hearing closed. CITY COUNCIL REGULAR MEETING, 4/21/94 PAGE 6 Motion was made by Vice Mayor Monroe to reopen the Public Hearing, seconded by Councilman Jablin, and unanimously approved. Vice Mayor Monroe then made a motion to recess the Public Hearing to a time certain of May 19, 1994. Councilman Jablin seconded the motion which was unanimously approved. COMMENTS FROM THE PUBLIC SAM CARSILLO Sam Carsillo, resident of Palm Beach Gardens, requested a letter be sent to DOT requesting Palm Beach Gardens be designated as a pilot city for beautification of entrances and exits to I -95. Vice Mayor Monroe stated she was pursuing funds for improvements at the entrances and exits at Northlake Boulevard. Mr. carsillo also addressed the City Council regarding rules and regulations for the City's parks, accidents on Holly Drive, and commended Waterway Cafe employees for their cleanup efforts along PGA Boulevard. City Manager Herakovich reported the recent clean -up was such a success that it would be done again in the fall. PUBLIC HEARINGS RESOLUTION 36, 1994 City Manager Herakovich reported the Waterway Cafe had erected the temporary sign as requested by the City Council when they previously considered Resolution 38, 1994, Approval of a Variance to Section 159.09 Ground Signs of the Palm Beach Gardens Code for "The Waterway Cafe ", 2300 PGA Boulevard. Ray Royce, representative for CITY COUNCIL REGULAR MEETING, 4/21/94 the petitioner, stated they were now asking for only 2 feet 4 inches above the 11 foot, 8 inch height allowed without a variance; they are also asking for a setback of 7 feet from the property line, and to allow a variance for the landscaped area. Mayor Clark declared the Public Hearing open, which was duly advertised 3/23/94 for 4/7/94; recessed from the Regular Meeting of 4/7/94; and held on the intent of Resolution 38, 1994. There being no comments from the public, motion was made by Vice Mayor Monroe to recess the Public Hearing to a time certain of May 5, 1994 to allow the Council the opportunity to drive by the mock sign. Councilman Jablin seconded the motion, which was unanimously approved. RESOLUTIONS RESOLUTION 40, 1994 Larry Smith, representing the petitioner in the matter of Resolution 40, 1994, Approval of Covered Parking for the The Harbour Shoppes, introduced Mr. Tolka who spoke earlier in the meeting regarding covered parking structures, and assured the City Council the proposed f structure would follow the specifications he had outlined in that section of the meeting. Bob Basehart spoke for the petitioner stating the parking structure had been located in the best location possible in order to screen the view from all directions. City Attorney Baird advised that this resolution could be approved as an accessory use to a commercial facility, and would be a CITY COUNCIL REGULAR MEETING, 4/21/94 PAGE 8 grandfathered if a new amendment covering covered parking structures was adopted before they had constructed their structure. Mr. Smith stated since they had applied under the existing code he felt they should be considered under that code. It was the consensus of the City Council that the approved landscaping needed to be reviewed to determine whether it could survive under these conditions, and to reschedule this matter for the May 19, 1994 City Council meeting. ITEMS FOR COUNCIL ACTIUN WASTE MANAGEMENT CONTRACT RENEWAL Attorney Baird advised the City Council that regardless of the legitimacy of the Waste Management claim and regardless of the fact the City would be a third party, there was some exposure which the City would have to defend. Discussion centered around Councilman Russo's concerns that the City may not have been notified of Waste Management's claim and that the citizens were not receiving the best possible price in the negotiated contract with Waste Management. JEFF SABIN Jeff Sabin, 10310 Seagrape Way, stated Waste Management's service had been very good and under the negotiated contract rates would be lower than before and that Waste Management has been involved in the community, with services exceeding what they have to do. 0 D CITY COUNCIL REGULAR MEETING, 4/21/94 PAGE 9 MARIE HORENBURGUR Marie Horenburgur, 801 Andrews Avenue, Delray Beach, stated she represented BFI, second largest waste hauler in Florida, and requested postponement on renewal of the Waste Management contract in order for other companies to present other options and other ways to face this situation. SANDY MAST Sandy Mast resident of Sandalwood Estates, reported what good service she had experienced with Waste Management. PAMELA ADELSPEIGER Pamela Adelspeiger, of 1108 llth Lane, urged the City Council to renew the contract with Waste Management because of their high quality service and active participation in the community. TOM SALA Tom Sala, 125 Eagleton Court, a full -time resident since 1987 and actively involved in a community association since that time, stated that up until recently he had taken the trash pickup for granted because of the excellent service, and that recycling was part of that service. ELAINE BEERS Elaine Beers stated she was a corporate representative of Anspach Inc. located 4500 Riverside Drive and Waste Management had provided them with excellent service, and asked the Council to consider renewal of the contract. HAROLD FOSTER Harold Foster, a resident of Palm Beach Gardens since 1991, told the Council of the problems he experienced in D CITY COUNCIL REGULAR MEETING, 4/21/94 PAGE 10 New York with trash and the good service he had in Palm Beach Gardens with Waste Management, and his support of Waste Management, but he also stated he agreed with Councilman Russo that a contract should not be renewed just because a lawsuit might be instituted, and a letter must exist in either the City's files or Waste Management's files regarding this matter. He also commented on the excellent Building Department in the city. SCOTT MUSTAPICK Scott Mustapick commented on the excellent service he had received from Waste Management, and that the best price was not always the lowest price. DINA BREDEAU Dina Bredeau, 325 Sandtree Drive, also commended Waste Management for their excellent service and for the recycling plan. HUGO UNRUH Hugo Unruh, stated he represented County Sanitation, and stated five years ago Waste Management had lobbied Palm Beach Gardens not to renew their existing contract with County Sanitation, but to go out for bid, which they did; now they are asking Palm Beach Gardens not to go out for bid. County Sanitation offered to take the proposed rates of Waste Management and assume the liability of the $800,000 debt, and urged the City Council to go out for bids. PAUL FISHER Paul Fisher, Superintendent of Garden Lakes Homeowners Association and not a Palm Beach Gardens resident, stated D CITY COUNCIL REGULAR MEETING, 4121194 PAGE 11 Garden Lakes residents had asked him to speak for them to inform the City Council that Waste Management had taken an interest in their community and that problems were resolved immediately. ITEMS FOR COUNCIL ACTION ARY TRAIL WIDENING Vice Mayor Monroe made a motion authorizing the City Manager to spend up to $70,000 from the Council Contingency Fund, with the City Manager to use her best judgement to reduce that number to implement the recommendation in her April 20, 1994 memo to City Council to install an 8 -foot wide sidewalk on the west side and an 5 -foot wide sidewalk on the east side of Military Trail from Elm Avenue to Donald Ross Road. Motion was seconded by Councilman Jablin. Motion passed 4 -0. LEASE PURCHASE PROPOSAL Motion was made by Vice Mayor Monroe that staff should proceed with financing the purchase of a loader and two ambulances by lease purchase through PNC Bank. Motion was seconded by Councilman Russo and u.- ,animously approved. VISIONING WORKSHOP Dates were set for the Visioning Workshop of Thursday, May 12, and Thursday, May 26, if the LDRs were complete; and Saturday, May 21, 1994. A CITY COUNCIL REGULAR MEETING, 4/21/94 PAGE 12 WASTE MANAGEMENT CONTRACT RENEWAL BARRY MERMAN Barry Merman, resident of Palm Beach Gardens for 2 -1/2 years, stated he had had very good service from Waste Management, and felt that quality should be considered over cost. Mayor Clark reported Bill Beville who had not been able to attend, had asked that his comment be made that the City Manager and staff had done an excellent job in making preparations to renew the contract with Waste Management and eliminate having to put the contract out for bid. DOUG McCOY Doug McCoy with Waste Management, Inc., stated he had given the City Manager an complete unconditional release of the $800,000 claim that could come against the City. City Attorney Baird stated he was not sure the release dissolved any claim that Waste Management might bring against the City, and needed to review the release. Mr. McCoy listed other services Waste Management had included in their rates to Palm Beach Gardens for which Palm Beach County charges extra fees. Councilman Russo requested Mr. Unruh of County Sanitation, as well as Mr. McCoy of Waste Management, be present at the next City Council meeting in two weeks to present fees for their services so that the Council would have a comparison. CITY COUNCIL REGULAR MEETING, 4/21/94 PAGE 13 ADJOURNMENT There being no further business to discuss, motion was made by Vice Mayor Monroe, seconded by Councilman Russo to adjourn the meeting at 11:29 P.M. APPROVAL k MAYOR DAVID CLARK VICE MAYOR LINDA MONROE CN IL` H RUSSO 1 .r✓ COUNCILMAN ERIC J ATTEST: 4-/'� EXA M. RIEF, DEPUTY CITY CLERK a COUNCILWOMAN LAUREN FURTADO ATTEST: 4-/'� EXA M. RIEF, DEPUTY CITY CLERK a