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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