HomeMy WebLinkAboutMinutes Council 100595CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
OCTOBER 5, 1995
The Regular Meeting of the City Council of the City of
Palm Beach Gardens, Florida, was called to order by
Mayor Russo 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.
ROLL CALL The City Clerk called the roll and present were Mayor
Russo, Vice Mayor Furtado, Councilwoman Monroe, and
Councilman Clark. Councilman Jablin was absent from
the meeting.
ANNOUNCEMENTS Mayor Russo stated the announcements were as posted on
the City's bulletin boards.
ITEMS BY MAYOR
AND COUNCIL:
VICE MAYOR FURTADO Vice Mayor Furtado requested that the results of the
Visual Preference Survey be scheduled at an upcoming
workshop meeting.
CONSENT AGENDA Councilman Clark made a motion to approve the Consent
Agenda as presented. Vice Mayor Furtado seconded the
motion which carried unanimously by a 4 -0 vote. The
following items were approved on the Consent Agenda:
1. Approval of City Council Regular Meeting
Minutes of 9/21/95.
CITY COUNCIL REGULAR MEETING, 10/5/95
2.
Resolution
101, 1995 - Consideration
of
Approval of
appointment of a City Attorney
and
approval of
contract for same.
3.
Resolution
102, 1995 - Consideration
of
Approval of
Appropriating salaries and fringe
benefits for
all Department Heads
and
designated
Assistant Department Heads
and
Officers of
the City.
4.
Resolution
103, 1995 - Consideration
of
Approval of
the 1995/1996 Compensation
and
Classification Plans of the City.
5.
Resolution
104, 1995 - Consideration
of
Approval of
tennis professional contract
for
the fiscal year 10/1/95 through 9/30/96.
6.
Resolution
109, 1995 - Consideration
of
approval of
amendment to BallenIsles Parcel
25A PUD.
7.
Resolution
113, 1995 - Consideration
of
Appointment
of City Engineer for the 1995/1996
Fiscal Year
and approval of contract for same.
RESOLUTIONS
RESOLUTION 105, 1995 Resolution 105, 1995 - Consideration of Approval for
amendments to West Park Center, Lot 1, at NorthCorp
PCb, for signage and Building "C" elevation changes.
Mr. Jeff Lis, agent for Catalfumo, stated that it was
his understanding that the only two outstanding items
CITY COUNCIL REGULAR MEETING, 10/5/95
PAGE 3
were submittal of roof tile samples and removal of the
Tambone sign from the sign package. After viewing the
tile samples, Councilman Clark made a motion to
approve Resolution 105, 1995. Vice Mayor Furtado
seconded the motion. Planning and Zoning Director
Walton requested that the last exhibit on the
Resolution regarding Building "A" elevation be
changed. Councilman Clark amended the motion to
approve Resolution 105, 1995 as amended in Section 3,
number 3, to "Signage Plan Sheets A -F ". Motion was
seconded by Vice Mayor Furtado and carried by
unanimous vote of 4 -0.
RESOLUTION 111, 1995 Resolution 111, 1995 - Appointing /Reappointing 1
member to the Zoning Board of Appeals. It was the
consensus of the City Council to appoint only one
member until after the list of applicants could be
updated to cover a two -year period and those removed
from the list sent letters of notification to verify
whether they wished to be reinstated for another two
year period. Vice Mayor Furtado made a motion to
insert the name of Sam Carsillo in the blank in
Section 1 and to leave the line in Section 2 blank.
Motion was seconded by Councilman Clark and carried by
unanimous vote of 4 -0.
PUBLIC HEARINGS:
RESOLUTION 112, 1995 Mayor Russo declared the Public Hearing open, which
CITY COUNCIL REGULAR MEETING, 10/5/95
PAGE 4
was duly advertised 9/20/95 and held on the intent of
Resolution 112, 1995 - Consideration of Approval of a
Sign Variance for Palm Beach Gardens Business Park to
allow a second sign. It was the consensus of the City
Council that a second sign was unnecessary. Vice
Mayor Furtado suggested that the existing sign be
moved to the second entrance. There being no comments
from the public, Mayor Russo declared the Public
Hearing closed. Councilman Clark made a motion to
deny Resolution 112, 1995. Vice Mayor Furtado
seconded the motion which carried by unanimous vote of
4 -0.
ORDINANCE 28, 1995 Mayor Russo declared the Public Hearing open, which
was duly advertised 9/20/95 for Consideration of
Second Reading and Adoption and held on the intent of
Ordinance 28, 1995 - Annexation of Sherman Property.
There being no comments from the public, Mayor Russo
declared the Public Hearing closed. Councilwoman
Monroe made a motion to adopt Ordinance 28, 1995 upon
Second Reading by title only. Vice Mayor Furtado
seconded the motion which carried by unanimous vote of
4 -0.
The City Clerk read Ordinance 28, 1995 by title only
on Second Reading.
ORDINANCE 10, 1995 Mayor Russo declared the Public Hearing open, which
CITY COUNCIL REGULAR MEETING, 10/5/95
PAGE 5
was duly advertised 9/20/95 for Consideration of
Second Reading and Adoption and held on the intent of
Ordinance 10, 1995 - Amending the Comprehensive Land
Use Plan. (I -95). After a brief description by staff,
Mr. Bill Shannon, representing DiVosta and Company,
offered to answer any questions regarding the
application. There being no comments from the public,
Mayor Russo declared the Public Hearing closed.
Councilman Clark made a motion to adopt Ordinance 10,
1995 upon Second Reading by title only. Vice Mayor
Furtado seconded the motion which carried by unanimous
vote of 4 -0. The City Clerk read Ordinance 10, 1995
by title only on Second Reading.
ORDINANCE 13, 1995 Mayor Russo declared the Public Hearing open, which
was duly advertised 8/23/95 for Consideration of
Second Reading and Adoption, postponed from Regular
Meeting of 9/7/95 and Special Regular Meeting of
9/21/95, and held on the intent of Ordinance 13, 1995
- Amending Chapter 159, entitled "Zoning Regulations"
of the Code of Ordinances to create Section 159.088
entitled "Communication Towers "; amending Chapter 162
entitled "Definitions ". Planning and Zoning Director
Walton provided background and changes recommended by
staff since the last meeting. Public Safety
requirements were explained by Ernie Carr. Discussion
CITY COUNCIL REGULAR MEETING, 10/5/95
ensued among the City Council regarding how a rezoning
change from PDA to P/I would affect communication
towers, exploration of other options for tower
locations, and the need for a formula to limit the
distance of a tower from residential uses.
SUSAN STECHNIJ Palm Beach Country Estates Landowners Association
President Susan Stechnij, 15086 North 69th Drive,
explained that their goal was an ordinance which would
assure quality of life and protect residents and
wildlife in the City and the surrounding PDA.
PROFESSOR ZIMAR
TURKSI Professor Zimar Turksi, a Professor of Electrical
Engineering and Applied Sciences at Johns Hopkins
University, discussed the ANSI standards for measuring
possible effects of radiation from antennas placed
upon a communication tower. Professor Zimar Turksi
stated transmissions from a local radio station would
require a location several thousand feet away from
residential homes.
MARTY PERRY Attorney Perry, representing Palm Beach Country
Estates, commented that there was concern that the
proposed site for which the City had received
application may be rezoned P /I. Attorney Perry
explained that the applicant was authorized to license
for 25,000 megahertz and the maximum height needed for
them to operate efficiently was 328 feet; and that the
CITY COUNCIL REGULAR MEETING, 10/5/95
most efficient height for antennas for fire, police
and interconnecting with other agencies was between
200 and 250 feet. Attorney Perry suggested the City
consider including commercial and industrial
classifications to expand the possible locations for
towers, and also suggested that areas in huge
environmental preserves might be mitigated to
eliminate safety concerns. Attorney Perry also
suggested consideration of State -owned parcels at
interchanges.
KAREN MARCUS Mayor Russo read into the record a letter from County
Commissioner Marcus, who opposed towers where their
location impacted residential areas and supported
towers in commercial /industrial zones where
compatible.
RAYMOND ROYCE Attorney Royce encouraged that tower location be
allowed in the Ordinance in a wide variety of zoning
districts and each application be considered on an
individual basis; suggested that some reasonable
standard could be included such as two feet distance
for every one foot tower height; and commented that if
radiation was considered a problem that towers should
only be located in remote areas. Attorney Royce
explained that FCC regulations would include
compliance with any federal standards in existence --
CITY COUNCIL REGULAR MEETING, 10/5/95
PAGE 8
and that he had been told the applicant radio station
under FCC regulations would be required to meet ANSI
standards and file radiation statements and have tests
made. Attorney Royce stated that the applicant would
be happy to mitigate impacts. Attorney Royce pointed
out other areas that had been impacted by lights,
towers, including the Veterans Administration
hospital which had not reduced property values.
Attorney Royce explained that restricted areas of
Pratt Whitney airport and the new County airport
precluded communication towers in that area,
therefore, the most remote area that could possibly be
found was not as far west as it would be otherwise.
Mr. Royce urged compromise and a balance between the
public good and residents' concerns.
JIM SORRENSEN Mr. Sorrensen stated he had practiced radio
engineering for approximately 30 years and was
employed by a consulting firm employed by the
applicant. Mr. Sorrensen stated the applicant would
have to comply with already existing federal
legislation. Mr. Sorrensen explained that the ANSI
standard had been adopted by the FCC some time ago,
and further explained ANSI, NIER, and FCC
requirements. Mr. Sorrensen recommended that the
height be maximized as much as possible in case of a
CITY COUNCIL REGULAR MEETING, 10/5/95 PAGE 9
tower failure so that others would have sufficient
height to link to the next tower.
TRISHA DOLLIN
Trisha Dollin, an employee of the radio station
applicant, explained the need for tower height to meet
future needs, and discussed the high expense of
towers. Ms. Dollin explained that she worked near a
tower which was in a mangrove swamp and described how
birds nested on the tower, and stated that the
applicant would make the tower as unobtrusive as
possible.
Attorney Royce urged the City Council to leave the PDA
zoning designation in the Ordinance. Mayor Russo
asked residents to limit their comments to agreement
or disagreement with statements made by the experts.
ROCKY BYBEE
Rocky Bybee, 6610 Woodlock Court, Jupiter, Florida
expressed support for Mr. Royce's comments and for the
ordinance with the PDA designation included.
MRS. CRIESS
Mrs. Criess stated she was concerned about the
proximity to residental areas and was not comfortable
that the ordinance as written provided proper
protection.
MARY - THERESE DELATE
Ms. Delate expressed concern for the environmental
impact.
ROBERT BERMAN
Mr. Berman, of 6973 Donald Ross Road, stated he
supported the ordinance in its current form, with the
CITY COUNCIL REGULAR MEETING, 10/5/95
possible addition of ANSI standards.
nnf.v 1n
DR. LEE BRANSCOMB Dr. Branscomb stated he was a consulting meteorologist
with a PHD in meteorology from MIT, and explained
that he owned a couple of towers in Tennessee and
believed FAA regulations required lights an towers
over 200 feet in height. Dr. Branscomb stated that in
his opinion the ordinance did not adequately address
the issue of hurricane safety; and related that his
discussion with a foremost hurricane damage authority
had indicated the unpredictability of how the wind
would impact the tower sections as they collapsed.
Dr. Branscomb objected to the distance of 1100 of the
tower height as stated in the ordinance and
recommended 300 %, or three times the tower height, to
allow for unpredictability of flying debris in a
category three hurricane. Dr. Branscomb pointed out
the ordinance did not address design criteria for
storms and suggested that a 100 -year storm provision
should be addressed. Dr. Branscomb suggested that the
ordinance should also insure that in the event of
collapse or hurricane - related damage, that rights -of-
way or residential property would not be put at risk;
should address noise; and should address what would
happen after a storm so that emergency vehicles could
get through. Dr. Branscomb stated that a Hurricane
CITY COUNCIL REGULAR MEETING, 10/5/95
PAGE 11
Andrew survivor had indicated that antennas from were
strewn over several blocks and pieces of towers were
found well away from their original location.
SUSAN SNOWHITE Ms. Snowhite, 8036 150th Court North, stated she
supported the inclusion of ANSI standards but objected
to PDA zoning. Mayor Russo explained that PDA was
only a holding designation and that it would all
eventually be changed, and that under PDA an applicant
would have to disclose the intended use. The Mayor
commented that both sides were on the same page, but
he wanted to find the best way to accomplish least
impact to anyone.
PROFESSOR ZIMAR
TURKSI Further comments by Professor Zimar Turksi included
his opinion that ANSI standards might or might not be
required in FCC regulations.
Mayor Russo summarized the comments which had been
heard as concerns regarding sufficient protection of
proximity to people, hurricane concerns, health
concerns as related to the ANSI standard, and concerns
relating to zoning districts. Councilwoman Monroe
explained she had driven around Palm Beach Country
Estates to visually determine the impact of a tower at
the proposed location, and had also driven around the
Lake Park area. After viewing their towers she felt
that approximately 3000 feet away from the thinner
CITY COUNCIL REGULAR MEETING, 10/5/95
- - 1n
tower would be a sufficient distance from residential
property. Vice Mayor Furtado stated she had also
driven the area and that she would be comfortable with
the 3,000 foot distance.
JIM MARTIN Mr. Martin, as representative of the applicant for a
radio station tower, explained that their tower could
not be located south of PGA Boulevard because of
existing constraints to Coral Gables and Ft.
Lauderdale radio stations by the FCC. Further
comments were made by Mr. Sorrensen and Attorney Royce
to the effect that federal regulations would take care
of adherence to radiation testing compliance. It was
the consensus of the City Council that they agreed
with the PDA zoning, and that this issue should be
brought back for further consideration as to the ANSI
and NIER standards, distance, and hurricane concerns.
Planning and Zoning Director Walton was requested to
prepare a draft including ANSI and /or NIER standards,
structural specifications, hurricane coverage, a blank
amount for square feet of distance, and a provision
that landscaping within a certain distance from the
property line could not be removed. Vice Mayor
Furtado made a motion to recess the Public Hearing for
Ordinance 13, 1995 to a date certain of October 19,
1995, at 7:30 P.M. Councilman Clark seconded the
CITY COUNCIL REGULAR MEETING, 10/5/95 PAGE 13
motion which carried by unanimous vote of 4 -0.
ORDINANCE 18, 1995 Councilwoman Monroe made a motion to adopt Ordinance
18, 1995 upon Second Reading by title only.
Councilman Clark seconded the motion which carried by
unanimous vote of 3 -0. Vice Mayor Furtado had left
the room and was not present for the vote. The City
clerk read Ordinance 18, 1995 by title only on Second
Reading. Councilwoman Monroe made a motion to
reconsider Ordinance 18, 1995. Councilman Clark
seconded the motion which carried by unanimous vote of
4 -0. Vice Mayor Furtado had re- entered the chambers.
Mayor Russo explained that this Ordinance must be
reconsidered because he had forgotten to open the
Public Hearing. Mayor Russo declared the Public
Hearing open, which was duly advertised 9/20/95 for
Consideration of Second Reading and Adoption and held
on the intent of Ordinance 18, 1995 - Rezoning a 33.7
acre site from P /I, Public Institutional, in part,
PUD, Planned Unit Development, in part, and PDA,
Planned Development Area, in part, to PCD, Planned
Community District. There being no comments from the
public, Mayor Russo declared the Public Hearing
closed. Councilwoman Monroe made a motion to adopt
Ordinance 18, 1995 upon Second Reading by title only.
Councilman Clark seconded the motion which carried by
CITY COUNCIL REGULAR MEETING, 10/5/95
PAGE 14
unanimous vote of 4 -0. The City Clerk read Ordinance
18, 1995 by title only on Second Reading.
ORDINANCE 23, 1995 Mayor Russo declared the Public Hearing open, which
was duly advertised 9/20/95 for Consideration of
Second Reading and Adoption and held on the intent of
Ordinance 23, 1995 - Providing for an amendment of
Chapter 150 of the Code of Ordinances, entitled
"Building Regulations ", to incorporate by reference
the Standard Building Code of 1994; providing for
amendment of the building permit fee schedule
established in Section 150.03. There being no
comments from the public, Mayor Russo declared the
Public Hearing closed. Councilwoman Monroe made a
motion to adopt Ordinance 23, 1995 upon Second Reading
by title only. Vice Mayor Furtado seconded the motion
which carried by unanimous vote of 4 -0. The City Clerk
read Ordinance 23, 1995 by title only on Second
Reading. Councilwoman Monroe left the meeting at this
time, and was not in attendance for the balance of the
agenda.
ORDINANCE 26, 1995 Mayor Russo declared the Public Hearing open, which
was duly advertised 9/20/95 for Consideration of
Second Reading and Adoption and held on the intent of
Ordinance 26, 1995 - Amending Ordinance 28, 1995, to
clarify existing and proposed square footage
CITY COUNCIL REGULAR MEETING, 10/5/95
calculations to the Hospital and to construct a 13,000
square foot third floor. Planning and zoning Director
Walton stated that the Planning and zoning Commission
had unanimously recommended approval with the
conditions proposed by staff.
ROBERT HENDERSON Mr. Henderson, 3520A Gardens East Drive, requested an
update on this matter, which was provided by Ed
Oliver. Mr. Henderson objected to the building being
located closer to Gardens East Drive, however, it was
pointed out that had been previously approved. There
being no further comments from the public, Mayor Russo
declared the Public Hearing closed. Vice Mayor
Furtado made a motion to adopt Ordinance 26, 1995 upon
Second Reading by title only. Councilman Clark
seconded the motion which carried by unanimous vote of
3 -0. The City Clerk read Ordinance 26, 1995 by title
only on Second Reading.
ORDINANCES:
OVA CE il, 1995 Mayor Russo read a letter from Commissioner Marcus
expressing concerns regarding Ordinance 11, 1995 -
Approval of a Site Plan for "The Ale House ", f /k /a the
"Bridge Center ", which was presented for consideration
of First Reading. Commissioner Marcus expressed
concern regarding the overall size of the project with
less parking than smaller nearby restaurants; and
requested that the hours of operation be the same as
CITY COUNCIL REGULAR MEETING, 10/5/95
ITEMS FOR COUNCIL
ACTION:
WASTE COLLECTION
PAGE 16
nearby restaurants. Vice Mayor Furtado pointed out
discrepancies in staff comparisons for nearby
restaurants. Mayor Russo stated that he would vote
for this on first reading but unless the building size
and hours of operation were changed so that staff was
comfortable, he would not be able to vote for final
approval. Councilman Clark requested the petitioner
provide size comparisons between this project and
other Ale House restaurants. Vice Mayor Furtado
expressed concern with the 2 A.M. closing time. Larry
Smith, agent for the petitioner, distributed revised
restaurant comparisons, and explained how and where he
had obtained the revised figures. It was the
consensus of the City Council to schedule this item
for a workshop and a Public Hearing at the regular
City Council meeting on November 2, 1995. Vice Mayor
Furtado made a motion that ordinance 11, 1995 be
placed on First Reading by title only. Councilman
Clark seconded the motion which carried by unanimous
vote of 3 -0. The City Clerk read Ordinance 11, 1995
by title only on First Reading.
Finance Director Olson explained that the proposed
Amendment to the Refuse, Multi - Material Recycling and
Vegetative Waste Collection Agreement would allow
CITY COUNCIL REGULAR MEETING, 10/5/95
PAGE 17
conformity with Solid Waste Authority increased
disposal costs for commercial customers effective
October 1, 1995. Councilman Clark made a motion to
approve the Amendment to the Refuse, Multi- Material
Recycling and Vegetative Waste Collection Agreement as
proposed by staff. Vice Mayor Furtado seconded the
motion which passed by unanimous vote of 3 -0.
CITY MANAGER REPORT: The City Manager requested that residents be directed
to call either SWA or the Public Works Department so
that their complaints regarding trash pick -up would be
logged. The City Manager announced the annual
Homecoming Parade would be October 6, and the Mayor
would be in the parade. City Manager Herakovich also
announced that the Mayor had welcomed the Shriners to
the City that day; that the Public Works Auction would
be held Saturday, October 7; and that the City Council
Workshop on 10/12/95 would be held at the Weiss
Training center from 6:30 to 9:30 PM. The City
Manager provided photographs of the clearing progress
on the Klock property.
MR. HENDERSON Mr. Henderson requested that the City Manager's Report
and the City Attorney's Report be presented earlier in
the meeting. The Mayor explained that any important
items were scheduled as agenda items and were
scheduled at the first of the meeting, otherwise the
CITY COUNCIL REGULAR MEETING, 10/5/95
PAGE 18
reports were scheduled at the end, and that this
procedure had been adopted at the request of
residents.
DISCUSSION
ALE HOUSE Mr. Smith pointed out that the Ale House project met
every code with the exception of one minor landscape
requirement for an 8 -foot landscape strip which in
this project was 6.79 feet. Mr. Smith commented that
in terms of the size of the building and the parking
provided that the new code had been met, and the
number of seats had been determined from the number of
parking spaces allowed, and requested that the Ale
House be granted the same consideration as nearby
restaurants regarding hours of operation. Mayor Russo
reviewed the concerns of the City Council. Vice Mayor
Furtado commented that the 2 A.M. closing was her only
concern. After discussion, it was the consensus of
the City Council that if issues were resolved at the
workshop on November 2 that Second Reading would be
considered.
GERRY ROSSOW Attorney Rossow requested that the workshop be
separated from Second Reading.
ADJOURNMENT There being no further business to discuss, motion was
made by Councilman Clark, seconded by vice Mayor
Furtado, and unanimously approved to adjourn the
meeting at 11:26 P.M.
CITY COUNCIL REGULAR MEETING, 10/5/95
APPROVAL /
MAY R �2[JSSO
tj
VICE MAYOR LAUREN FURTADO
ATTEST:
COUNC DAVID CLARK
o'
Cam`
COUNCILMAN E JABLIN
COUNCILWOMAN LINDA MONROE
v - `
INDYV. KOSIER, CMC, CITY CLERK
PAGE 19