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
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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
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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,
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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
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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
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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.
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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
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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
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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.
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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
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COUNCILMAN ERIC J
ATTEST:
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EXA M. RIEF, DEPUTY CITY CLERK
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COUNCILWOMAN LAUREN
FURTADO
ATTEST:
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EXA M. RIEF, DEPUTY CITY CLERK
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