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HomeMy WebLinkAboutMinutes Council 040397CITY COUNCIL REGULAR MEETING APRIL 3, 1997 The April 3, 1997, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:30 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens; and opened with the Pledge of Allegiance to the Flag. ROLL CALL The roll was called by the City Clerk and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilwoman Linda Monroe, Councilman Eric Jablin and Councilman David Clark. ANNOUNCEMENTS Mayor Russo stated that the announcements were as listed on the agenda and on the City's bulletin boards. PRESENTATIONS Police Chief James FitzGerald presented an award to the following for their contributions to the Police Department: 1. Officer Jack Segreto and Officer James Shackelford as Officers Of the Year. 2. Michael DeRosa as Civilian of the Year. 3. Donna Pickering and Cheryl Zerulik as Civilians of the Quarter. 4. Sidney Foreman and Ken Steele as Civilian Volunteers of the Quarter. 5. Mark Pritch, Louise Zuckweiler and Richard Flah for monetary donations to the Police Department. Mayor Russo gave service award pins to the following City employees: CITY OF PALM BEACH GARDENS, 4/3/97 2 1. James Albano for 15 years of service to the City. 2. Steve Ensinger for 10 years of service to the City. Employees Mark Vadas and Evan Bestland were not in attendance to receive their service awards. U.S. Amateur Sports Jerry Bergman of U.S. Amateur Sports made a presentation to the City Council regarding the All American High School Sports Bowl. Mr. Bergman stated that while he was not asking for a monetary donation from the City, he was asking for the City Council's support in bringing this event to the City. Councilwoman Linda Monroe stated that she would like to know more about the organization before making a decision. It was the consensus of the City Council to consider the requests made by Mr. Bergman. Architects Design Group Mr. Keith Reeves and Kevin Radigan of Architects Design Group made a slide presentation to the City Council regarding the new Municipal Complex. The City Council was generally in agreement with what was proposed by ADG and asked that a model be prepared for them to look at to determine if the design of the building was in line with their thoughts for the new buildings. Telecommunications Attorney Ila Feld made a presentation to the City Council regarding CITY OF PALM BEACH GARDENS, 4/3/97 the City's tower communication ordinance. Ms. Feld stated that the City Council would need to make some policy decisions and gave examples of the types of issues that the Council may want to include in the ordinance. Ms. Feld stated that the most critical direction to staff was how restrictive the City Council wanted the ordinance to be written. Included in these directions should be the distance the Council wanted between towers or whether they preferred clustering of towers. It was the consensus of the Council that the ordinance be as restrictive as legally able in an effort to provide protection to the 3 residents. Vice Mayor Furtado felt this was an opportunity to write restrictions regarding CB towers and ham radio towers into the ordinance. Councilwoman Monroe suggested that the existing communication tower ordinance be combined with the proposed ordinance so that all tower information would be located in one section of the Code book. Councilwoman Monroe also felt it would be appropriate for the attorney to meet with the Planning and Zoning staff to determine where the commercial, industrial and public properties were located within the City so the Council could consider some possible areas for tower location. Councilman Clark agreed that the ordinance should be restrictive, however, CITY OF PALM BEACH GARDENS, 4/3/97 stated he realized that Attorney Feld could not assure the City that it would never be involved in litigation regarding telecommunication towers. The Council agreed that a security fund should be included in the ordinance for the protection of the City. It was further agreed by the City Council that a draft of the ordinance be sent to IPARC for their review and comments. Councilwoman Monroe asked that staff review surrounding communities and county ordinances for additional ideas that could be incorporated into the ordinance. City Attorney David Acton stated that City staff also needed to address areas such as schools, county pockets and the turnpike as areas that could erect telecommunication towers without approval by the City Council. Mr. Gregory Kino of Boose, Casey and Ciklin, addressed the City Council and encouraged the City to move the ordinance forward as soon as possible and asked that the City not try to "reinvent the wheel ", feeling that the City should look at existing ordinances for ideas. Mike Danchek, 6705 145th Place, addressed the City Council and asked that the Council be careful that it did not make the original ordinance ineffective and to not take away protections set out in the CITY OF PALM BEACH GARDENS, 4/3/97 existing City ordinance. Susan Stechnig, 15086 N. 69th Drive, addressed the City Council and asked that the Council insure that future towers were not located dangerously close to residential areas. COMMENTS FROM THE PUBLIC Fred Nessle Mr. Fred Nessle, 4399 Arbor Way, addressed the City Council 5 regarding the condition of the Bellewood Canal. Mr. Nessle stated that he has been promised several times that the canal would be cleaned, but reported that to date it had not be done. Mayor Russo stated that the City had a schedule for canal maintenance and that the City Manager would call Mr. Nessle tomorrow to inform him of the City's schedule for the Bellewood Canal. Mr. Nessle also expressed his concern with speeding on Arbor Way since the City striped the roadway. Vice Mayor Furtado asked Mr. Nessle to attend the next meeting of the Neighborhood Initiative Task Force since they were addressing some of the concerns expressed by Mr. Nessle. Mayor Russo assured Mr. Nessle that the City would look into speeding problems in his neighborhood. John Zearley Mr. John Zearley, 9232 Applecrest Drive, addressed the City CITY OF PALM BEACH GARDENS, 4/3/97 Council expressing his concern with the condition of the Bellewood Canal. Mayor Russo told Mr. Zearley that the City Manager would call him personally tomorrow to let him know the City's canal maintenance schedule for the Bellewood Canal. John Zura Mr. John Zura, 4422 Birdwood Street, addressed the City Council expressing his displeasure with Code Enforcement problems and because he was cited by Code Enforcement for some recent home repairs made to his residence. Mayor Russo stated that Mr. Zura could return to the next regular meeting of the City Council to continue to read his letter he wrote to the City Council as Mr. Zura had exceeded the 3 minute time limit. Mr. Zura agreed that he would return. ITEMS BY MAYOR AND COUNCIL. Golf Digest Kim Glas, Principal Planner, stated that the Golf Digest concurrency certification had not yet been received. Traffic and recreation levels of service remained outstanding issues. Staff also reviewed a recent recreation land dedication proposal and general traffic methodology proposals. While concurrency had not been demonstrated, staff initiated a courtesy review of the PCD petition to expedite the process. During the review of the PCD CITY OF PALM BEACH GARDENS, 4/3/97 7 application, issues regarding consistency with the City's comprehensive plan arose. In some areas, the comprehensive plan was vague and, therefore, policy determinations were needed from the City Council. These issue areas included whether the parkway widths could be "averaged" to provide an average cross - section of 300 -400 feet. Ms. Glas asked if the cross - section could be 100 feet wide in one location and 500 feet wide in another location, for an average of 300 feet. Ms. Glas stated that if averaging was acceptable, were there considerations or limitations on what could be considered "open space" for determining the calculation. Ms. Glas asked if retention lakes, perimeter buffers, or golf courses could be used to determine the parkway width and whether one parkway could overlap another. Ms. Glas also asked whether the road right -of -way could be shifted within the parkway cross - section. Mr. John Gary, representing the petitioner, stated that Golf Digest had stated that if the PCD required a Comprehensive Plan amendment there would not be enough time to accomplish what they wanted and that an amendment would mean the petitioner would not proceed with the proposed project. Councilwoman Monroe stated that until a member of the City staff CITY OF PALM BEACH GARDENS, 413197 could tell her that the layout of the roadway was the only way it would work she would not make a decision. City Attorney David Acton stated that legal staff reviewed the language in the City's comprehensive plan and land development regulations and determined that averaging could be used for the cross - sections and that a comprehensive plan amendment would not be required to accept the concept of averaging. It was the consensus of the City Council that the petitioner could proceed through the PCD process and that the Council would accept the concept of averaging. CONSENT AGENDA Councilman Clark made a motion, seconded by Councilwoman Monroe, to approve the Consent Agenda. The motion unanimously carried. The following items were approved on the Consent Agenda: 1. Approval of Minutes of 3/20/97 City Council Regular Meeting. 2. Proclaiming 5/4 -10/97 as "Drinking Water Week ". 3. Resolution 33, 1997 - Approval of Supporting MPO to use monies to help fund Tri -Rail instead of using money for High Speed Rail Project. 4. Resolution 41, 1997 - Approval of the Replat of Devonshire at PGA National Resort. PUBLIC HEARINGS: Ordinance 14, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised on 3/20/97 and held on the intent of Ordinance 14, CITY OF PALM BEACH GARDENS, 413197 1997, providing for approval of a Planned Unit Development for the expansion and renovation of the Holiday Inn /MacArthur's Vineyard Hotel complex. Marty Minor, Principal Planner, addressed the Council and reviewed the outstanding issues from the last meeting with the City Council. The three outstanding issues that were: 1) sidewalks from the rear of the property into the hotel complex; 2) site lighting; and, 3) screening of roof top equipment. The petitioner proposed amendments to Conditions 1, 3 and 4 of Ordinance 14, 1997, as follows: 1. The parapet wall on Building A shall be increased to 20 inches above the roof deck. In addition, all roof top air handling equipment shall be oriented with intake grills facing away from PGA Boulevard. All air handling equipment shall be painted to match the building's fascia color with all equipment names, logos, etc. above 20 inches painted over. 3. Within 90 days of PUD approval, the petitioner shall provide engineering verification that the "Proposed Lighting Plan" meets the requirements of Section i 18- 474(4) of the City Code, and indicates all exterior lighting, location, height, type and foot candles, including cut sheets. 4. The hotel management shall maintain all landscaping in the PGA Boulevard right -of -way adjacent to the hotel. The City Council agreed with the language outlined above. There being no comments from the public, Mayor Russo declared CITY OF PALM BEACH GARDENS, 4/3/97 10 the Public Hearing closed. Councilwoman Monroe made a motion to approve the amendments to Ordinance 14, 1997. The motion was seconded by Vice Mayor Furtado and unanimously carried. Councilwoman Monroe made a motion to approve Ordinance 14, 1997, as amended, and to place same on second and final reading, by title only. The motion was seconded by Councilman Jablin and unanimously carried. The City Clerk read Ordinance 14, 1997, on second and final reading, by title only. REORDER AGENDA Councilwoman Monroe made a motion to re -order the agenda to consider first reading of Ordinance 16, 1997 and Ordinance 18, 1997. The motion was seconded by Councilman Clark and unanimously carried. ORDINANCES: Ordinance 16, 1997 Councilwoman Monroe made a motion to place Ordinance 16, 1997, on first reading, by title only. The motion was seconded by Councilman Clark and unanimously carried. The City Clerk reading, on first reading by title only, Ordinance 16, 1997, providing for adoption of Sections 2 -291 through 2 -293 of the City Code of Ordinances, establishing policies and procedures for City finance matters, including the term of the Fiscal Year, adoption of CITY OF PALM BEACH GARDENS, 4/3/97 11 standing operating procedures by the City Manager, approval of amendments to the annual budget which increase the total amount appropriated, and transfer of appropriated amounts between funds; providing for the repeal of all ordinances and resolutions in conflict; providing for severability; providing for codification; and, providing for an effective date. Ordinance 18, 1997 Marty Minor, Principal Planner, addressed the City Council re: Ordinance 18, 1997, providing for the rezoning of 0.52 acres of land located on the northeast corner of Military Trail and PGA Boulevard from CG -1, General Commercial District, to a PUD with an underlying zoning of CG -1; approval of a site plan for the PGA Shell Service Station on said acres of land; providing for conditions of approval; and, providing for an effective date. It was the consensus of the City Council not to place Ordinance 18, 1997, on first reading, because they were not in favor of the size of the proposed project. The proposed project was for a 1,081 square foot "foodmart ". The City Council asked that the petitioner consider reducing the size of the foodmart to somewhere between 600 square feet and 750 square feet. It was pointed out that the petitioner could retain one service bay and convert the remaining portion into a foodmart, however, added that the service bay had to CITY OF PALM BEACH GARDENS, 4/3/97 be operational. 12 REORDER AGENDA Councilman Clark made a motion to reorder the agenda to consider Resolution 43, 1997, at this time. The motion was seconded by Councilman Jablin and unanimously carried. RESOLUTIONS: Resolution 43, 1997 Councilman Clark made a motion to approve Resolution 43, 1997, approval and ratification of contract between the City and the Police Benevolent Association re: Sergeants and Police Officers. The motion was seconded by Councilman Jablin and unanimously carried. CITY MANAGER REPORT City Manager Bobbie Herakovich asked that the Statement to the public be made part of the record and reported that the City had already taken steps to assure that all construction done on City projects would be done by those contractors that had the proper occupational licenses. City Manager Herakovich stated that emergency repairs had to be made to the existing City Hall and that those repairs were in progress. RESOLUTIONS: Resolution 35, 1997 Vice Mayor Furtado made a motion to approve Resolution 35, 1997, placing the names of Laura Haase, Fedrico Baretto, Susie CITY OF PALM BEACH GARDENS, 4/3/97 13 Kendall, Charles Torrey, Ed Oliver, Michael Simon and Charlotte Tersensky as the appointments to the Recreation and Parks Advisory Board. The motion was seconded by Councilman Clark and unanimously carried. Resolution 37, 1997 Councilman Jablin made a motion to approve Resolution 37, 1997, placing the following names as appointments to the Education Advisory Board: Alan Adams, Mary Inglis, Lisa Ridgely and Howard Engel. The motion was seconded by Councilman Clark and unanimously carried. Resolution 38, 1997 Councilman Clark made a motion to approve Resolution 38, 1997, placing the following names as the appointments to the Beautification and Environmental Committee: Christina Steiner, Bonnie Sanchez and Donna Amado. The motion was seconded by Councilman Jablin and unanimously carried. REPORTS BY MAYOR AND CITY COUNCIL Vice Mayor Furtado Vice Mayor Furtado reported that the Legislature was currently looking into insurance reform, and discussed current homeowners insurance problems being experienced by the residents. Vice Mayor Furtado felt that it was important for the City to support changes in the insurance guidelines. CITY OF PALM BEACH GARDENS, 4/3/97 14 Councilwoman Monroe Councilwoman Monroe reported on the Northlake Boulevard Task Force, stating that their next meeting would be April 21, 1997, at the Town of Lake Park. In response to Councilwoman Monroe, Vice Mayor Furtado stated that she would serve as an alternate to the Northlake Boulevard Task Force if Councilwoman Monroe was unable to attend any of the meetings. The City Manager would appoint an alternate staff member for the Task Force. Councilwoman Monroe stated that she may attend the Neighborhood Initiative Task Force meeting on Sunday and asked that the City Clerk's office do the appropriate notices to advise residents that more than one member of the Council of the Council may attend that meeting. Mayor Russo Mayor Russo stated that he met with representatives two weeks ago that were interested in starting a private school in the City. While Mayor Russo felt that the private school would be beneficial to the City, he did not feel that it would negate the need for a charter school. Mayor Russo reported that he attended the 3rd Anniversary of the City's Teen Center and invited members of the Council to attend teen center activities on Wednesdays to witness the excitement of the activities. Mayor Russo stated that the teen center was in need CITY OF PALM BEACH GARDENS, 4/3197 15 of expansion and wanted the Council to consider the expansion of the building and amenities needed by the teen center during budget considerations. Mayor Russo reminded the Council that at one time they discussed forming a committee of developers to review the Land Development Regulations for problems. The Council agreed that this was needed, however, the City Manager asked that the Council wait until the Growth Manager was hired before appointing members to that committee. Mayor Russo reported that he attended the North County Economic Advisory Group today where there were discussions regarding the proposed aquarium. CITY ATTORNEY REPORT City Attorney David Acton asked that the Council reconsider Resolution 37, 1997, appointments to the Education Advisory Board, that was approved earlier in the agenda. Mr. Acton pointed out that there were spaces for more appointments than names given in the approval. Mr. Acton stated that the resolution should be amended to appoint only 4 members to the Education Advisory Board and renumber the remaining sections of the resolution. Councilwoman Monroe made a motion to amend Resolution 37, CITY OF PALM BEACH GARDENS, 4/3/97 16 1997, as outlined by the City Attorney, approving the appointments of Alan Adams, Howard Engel, Mary Inglis and Lisa Ridgely to the Board. The motion was seconded by Councilman Clark and unanimously carried. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 11:24 P.M. APPROVAL Joseph R. Russo Vice Mayor Lauren Furtado Councilwefiiari bmjda Monroe C�e�' an EriG�Jablir� Councilman David Clark Attest: �x c Linda V. Kosier, CMC, City Clerk