HomeMy WebLinkAboutMinutes Council 092195CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
SEPTEMBER 21, 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 Deputy City Clerk called the roll and present were Mayor Russo, Vice
Mayor Furtado, Councilwoman Monroe, Councilman Jablin, and Councilman
Clark.
ANNOUNCEMENTS Mayor Russo stated the announcements were as posted on the City's bulletin
boards. Mayor Russo called for a moment of silence in respect for City
employee Sam Harley of the Public Works Department who had recently passed
away.
PRESENTATIONS:
POLICE DEPARTMENT Police Chief FitzGerald presented the following awards: Officer of the Quarter
was awarded to Officer Andy Sprague; Certificates of Appreciation were
awarded to City resident Connie Cappola, and to Dr. Tate Posey for
professional services, care and concern provided for canine dogs. Chief
FitzGerald read into the record a letter of commendation from Palm Beach
County PBA, the police union, praising resident Carl Sabatello for his
assistance to Police Officer Cheryl Barr when her home had burned. A 5 —Year
CITY COUNCIL REGULAR MEETING, 9/21/95
PAGE 2
award was presented to Officer Deverau. Reserve Officer of the Quarter was
awarded to Officer Tim Roman.
AWARDING OF BIDS
POLICE WEAPONS City Manager Herakovich reported that on September 11, 1995, staff had
opened and reviewed three bids received for the purchase of 100 firearms for
the Police Department, duly advertised 8/11/95. Staff recommended the bid be
awarded to Glock, Inc., low bidder, for the net cost of $27,045.50. After
discussion, Councilwoman Monroe made a motion to accept staffs
recommendation. Motion was seconded by Vice Mayor Furtado and passed by
a 5 -0 vote.
City Manager Herakovich reported that on September 14, 1995, staff had
opened and reviewed five bids received for the purchase of a Fairway Mower
for the City's Golf Course, duly advertised 8/12/95. Staff recommended the bid
be awarded to Nucranc Machinery, for a John Deere 3235 for $26,010. After
discussion, Councilwoman Monroe made a motion to accept staffs
recommendation. Motion was seconded by Councilman Jablin and passed by
a 5 -0 vote.
ITEMS BY MAYOR
AND CITY COUNCIL
VICE MAYOR FURTADO Vice Mayor Furtado reported several items discussed at the MPO meeting that
day. Truck traffic diversion from I -95 to the turnpike was discussed, and the
Vice Mayor provided the truck diversion study for staff to study. Vice Mayor
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PAGE 3
Furtado suggested that the City Council apply pressure to FDOT and the state
legislators to remove the tolls from the turnpike since the road had been paid for
and current tolls were funding projects out of the area. Mayor Russo theorized
that additional lanes on I -95 had promoted more speed and more accidents.
Vice Mayor Furtado reported she had suggested designation of a truck lane on
I -95, and message signs to alert drivers to problems ahead which would give
them an opportunity to exit. Vice Furtado reported that County Commissioner
Karen Marcus had volunteered to serve on a task force to work on moving the
City higher on the priority list for noise walls along I -95, and that a request had
been made to obtain the critiera used for establishing the priority to receive
noise walls. Vice Mayor Furtado provided a copy of the Transportation
Improvement Priority List, and highlighted the road improvements which would
affect Palm Beach Gardens. Since discussion of a possible future turnpike
access at Northlake Boulevard at a prior meeting had elicited negative response
from residents, Mayor Russo suggested that studies be done and full
information be provided to the public before any further action on this matter.
Vice Mayor Furtado suggested that some method be found to more closely
match traffic levels of service to the number of actual units in a development,
since in many cases the number of units actually constructed was far below the
number approved.
COUNCILWOMAN MONROE Councilwoman Monroe commented that the County Commission wanted a
CITY COUNCIL REGULAR MEETING, 9/21/95
PAGE 4
higher percentage of Beautiful Palm Beaches grant money to go to
unincorporated areas, and suggested that a provision be added to the code
regarding removal of unbuilt units and their corresponding traffic trips.
COUNCILMAN JABLIN Councilman Jablin reported that after obtaining information in regard to the
proposed concurrency and one —cent sales tax issues that the Education
Advisory Board recommended that the City hold an informational workshop
meeting and then if the City Council was so inclined, to support the issues.
Mayor Russo expressed his support only if the cities could have input as to
administration of the money. Councilwoman Monroe cautioned against greater
densities being granted by other municipalities without consideration to schools.
COUNCILMAN CLARK Councilman Clark commented that at a recent meeting, the Loxahatchee
Council of Governments had expressed support for keeping commercial activity
off certain sections of the Loxahatchee River, and had heard a presentation
regarding the Abacoa development.
MAYOR RUSSO Mayor Russo reported that the Municipal League had also discussed the truck
traffic issue and the schools. Mayor Russo reported he had met with the
MacArthur Foundation regarding land for municipal facilities and recreation,
and they had pledged their cooperation; however, the Mayor requested that a
time line be established with target dates to keep on track. Vice Mayor Furtado
requested that the issue of providing a right —of —way immediately south of the
Lake Catherine development so that school children would not have to walk
CITY COUNCIL REGULAR MEETING, 9/21/95
COMMENTS FROM THE
PUBLIC:
LINDA HUGHEY
PAGE 5
along Northlake Boulevard be discussed again with the MacArthur Foundation.
Linda Hughey questioned when the drainage problem on Reed Drive would be
corrected, to which the City Manager responded that she would conduct
research to provide the answer.
Vice Mayor Furtado made a motion to approve the Consent Agenda as
submitted. Motion was seconded by Councilman Jablin. Councilwoman
Monroe questioned whether the minutes should reflect when a Councilmember
left and returned to a meeting, and if so, requested that the minutes of the 9/7/95
City Council meeting be amended on page 15 just above Ordinance 26, 1995 to
state, "Councilwoman Monroe left the meeting ", and the vote changed to 4 -0
on Ordinance 26. Councilwoman Monroe also questioned whether a
Councilmember should sign an ordinance if they had not been present when it
was adopted, and requested that an answer be provided later. City Attorney
Baird responded that the minutes should reflect the presence of Council
members and that the vote should reflect when someone was absent. Vice
Mayor Furtado revised her motion to approve the Consent Agenda as amended.
Motion was seconded by Councilman Jablin and passed by a vote of 5 -0. The
following items were approved on the Consent Agenda:
1. Approval of City Council 9 /7/95 Regular Meeting Minutes.
2. Resolution 94, 1995 - Authorizing the execution of a
CITY COUNCIL REGULAR MEETING, 9/21/95
PAGE 6
Lease/Purcbase agreement with First Union National Bank for the
purchase of Motorola Radio Equipment.
3. Resolution 97, 1.995 - Approving Disposal List for Trade -In of
Weapons for the Police Department.
4. Resolution 98,1995 - Approving Disposal List for Items to be Sold
at the City's Auction.
RESOLUTIONS:
RESOLUTION 96, 1995 Planning and Zoning Director Richard Walton reviewed the staff report dated
September 13, 1995, and explained that since a certain number of units per
parcel had not been specified for this project, that there was no mechanism for
transferring units if density were towered. City Manager Herakovich explained
that buildout of Ballenlsles was what triggered improvements on Burns Road,
and it was expected to be much less than had been approved. Councilwoman
Monroe requested that staff research the implications of lowering numbers of
units in developments from the approved total. Henry Skokowski, agent for the
petitioner, reviewed the application and explained the additional parallel
parking request, which would be deleted by condition 1 of the Resolution. After
further discussion, motion was made by Councilman Clark to approve
Resolution 96, 1995: Consideration of Site Plan Approval for Parcel I6B,
Ballenlsles PCD, with deletion of condition 1 and deletion of condition 6 as it
was a duplicate of condition 2. Director Walton pointed out that one condition
CITY COUNCIL REGULAR MEETING, 9/21/95
RESOLUTION 99, 1995
PUBLIC HEARINGS:
ORDINANCE 13, 1995
PAGE 7
(number 1 in the staff report) had been left out of the Ordinance. Councilman
Clark amended his motion to make condition 1 of the staff report the
replacement for condition one in Section 3 of the Resolution. Motion was
seconded by Vice Mayor Furtado, and carried by a vote of 5 -0.
It was the consensus of the City Council to delay Resolution 99, 1995 —
Consideration of Approval of sign relocation for Mobil Oil Station, 9890
Alternate ,41A for further research and information,
Planning and Zoning Director Walton explained that inquiries had been
received to place communication towers within the City, and current codes
contained no guidelines to review such a request for conditional use. At the
request of the City Council, staff had researched other Ordinances which
appeared to work well and attempted to formulate an Ordinance to regulate
these uses. Mayor Russo declared the Public Hearing open, which was duly
advertised 9/23/95, postponed from the Regular Meeting of 9/7/95, 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" for
Consideration of Second Reading and Adoption. Mayor Russo stated that
telephone calls received had been from several residents who opposed the
Ordinance, and one had been received which indicated more research should be
CITY COUNCIL REGULAR MEETING, 9/21/95
PAGE 8
done regarding how people's health might be affected. Mayor Russo explained
that tonight's Public Hearing was not in regard to placement of a tower on a
specific property, but to discuss guidelines. The City Manager reported that the
phone calls had been in regard to a tower at a specific location and when staff
had explained that the Ordinance had not yet been passed and that the proposed
Ordinance was more restrictive than current code that the callers had been
supportive of the Ordinance.
MARY — THERESE DELATE Ms. Delate, a resident of unincorporated Palm Beach County, expressed
concern for lack of environmental safeguards, that the 500 —foot height was
much too high, and that the tower should be shared with other municipalities to
lessen environmental impacts.
HENRY ILER Mr. Iler suggested that Section 159.088(c) should state "The City shall require ",
instead of "may require "; expressed concern that 500 feet was too high;
received clarification as to the proposed location affected; received clarification
that Section 159.088(E) was intended to include properties outside the City;
suggested that visual impact lines be measured from the property line rather
than from the tower and drawn over developed properties; recommended that
an environmental impact analysis be required; suggested that a view of 50% of
the tower might constitute "highly visible "; questioned how an average of 50%
would be determined; and suggested that adverse environmental impact should
be added as an additional criteria for denial.
CITY COUNCIL REGULAR MEETING, 9/21/95
PAGE 9
ANDREW LEVY Mr. Levy suggested that the word "will" replace "may" in criteria for denial,
and that "and" in criteria (3) be changed to "or ". Mr. Levy questioned item (4)
in the denial criteria regarding in whose favor "not compatible with" would be
determined.
ROBERT NICHOLS Mr. Nichols, resident of Palm Beach Country Estates, expressed concern
regarding aircraft hazards, since no local control was exercised in this area to
keep pilots away from towers.
PHIL SNOWHITE Mr. Snowhite questioned and received clarification of the tower setback.
MR. BERMAN Mr. Berman requested that action on the proposed action be postponed.
SUSAN STECHNIJ Ms. Stechnij, Acting President of Palm Beach Country Estates, addressed
Section 159.088(D) regarding where towers could be located, and stated that a
tower located within any residential community would negatively impact that
community and therefore should be located in industrial areas.
RAYMOND ROYCE Attorney Royce expressed his client's wishes to move forward with this
Ordinance. Mr. Royce explained minor changes that he had suggested to staff,
and wanted to be sure that the Ordinance would allow the Council to weigh
benefits, pros and cons. Discussion ensued regarding how the height of a tower
was determined. Attorney Royce suggested leaving a height of 500 feet in the
Ordinance and to consider each application on a site by site basis.
LISA DIAMOND Lisa Diamond requested and received clarification that on page 4 of the
proposed Ordinance the visual impact analysis of a proposed tower would be
CITY COUNCIL REGULAR MEETING, 9/21/95
PAGE 10
conducted on all properties within a radius of 2000 feet whether those properties
were within the City of Palm Beach Gardens or not.
Councilman Clark suggested that the three specific points relating to line of
sight analysis in Section 5(b)(2) should be approved by City staff, who would
include adjacent residential sites when they chose those points. Councilwoman
Monroe raised a question regarding including environmental impact in the
Ordinance, commented on the 2000 foot radius, the maximum height really
needed, and whether shorter towers would work as well or if more towers would
be needed in order to transmit from tower to tower. Attorney Royce explained
the difficulty in siting a tower since FAA regulations did not allow towers
within a certain distance from airports and the area west of the airports was too
far away to transmit effectively to the coast; and commented that the objective
was to place a group of towers for shared use in the most remote location
possible and with the least environmental impact, which would serve the whole
community forever rather than to let smaller towers proliferate throughout the
City and surrounding area. Councilwoman Monroe questioned whether the
Palm Beach County Communications Division would have the information to
provide a required written statement regarding the availability of existing
towers; discussed regulation of how many towers could be placed on one lot;
and suggested that language in Section 159.088 (E)(1)(d)(2) be made clearer.
Councilwoman Monroe requested additional information on kinds of towers and
CITY COUNCIL REGULAR MEETING, 9/21/95
PAGE 11
their needs, and how many items could be attached to a tower and what they
would look like. Mayor Russo explained that although the Ordinance might
appear to be vague on some points, that the goal of the City Council was to
formulate an Ordinance which would allow them to make future decisions with
the least impact on anyone, and which would not be overturned in Court. After
further discussion regarding proposed language, City Attorney Baird stated that
standards must be established for conditional use, and that under the law an
applicant who met those standards would be entitled to that conditional use;
therefore, the critera should be listed which an applicant must meet to obtain an
approval. Motion was made by Councilman Jablin to continue the Public
Hearing to October 5, 1995 at 7:30 P.M. Motion was seconded by Councilman
Clark and passed by a vote of 5 -0.
ORDINANCE 18, 1995 Motion was made by Councilman Clark to place Ordinance 18, 1995, Rezoning
a 33.7 acre site from P/I, Public Institutional, in part, and PDA, Planned
Development Area, in part, and PUD, Planned Unit Development, in part, to
PCD, Planned Community District, on First Reading by title only. Motion was
seconded by Councilwoman Monroe and carried by a vote of 3 -0. Vice Mayor
Furtado and Councilman Jablin had left the room and were not present for the
vote. The Deputy City Clerk read Ordinance 18, 1995 on First Reading by title
only.
ORDINANCE 28, 1995 Motion was made by Councilwoman Monroe to place Ordinance 28, 1995,
CITY COUNCIL REGULAR MEETING, 9/21/95
PAGE 12
Annexing into the City 7.776 Acres of Land Located West of Prosperity Farms
Road and 670 feet south of RCA Boulevard, on First Reading by title only.
Motion was seconded by Councilman Clark and carried by a vote of 3 -0. Vice
Mayor Furtado and Councilman Jablin had left the room and were not present
for the vote. The Deputy City Clerk read Ordinance 28, 1995 on First Reading
by title only.
ORDINANCE 29, 1995 After discussion of possible changes, Motion was made by Councilwoman
Monroe to place Ordinance 29, 1995, Amending Section 159.029 of the Palm
Beach Gardens Code Land Development Regulations, on First Reading by title
only. Motion was seconded by Councilman Clark and carried by a vote of 4 -0.
Vice Mayor Furtado had left the room and was not present for the vote. The
Deputy City Clerk read Ordinance 29, 1995 on First Reading by title only.
ITEMS FOR COUNCIL
ACTION:
MERIT INCREASES City Manager Herakovich explained that the 0 -5% merit increases for the
general employees and the City Manager were proposed so that these
employees would be treated on an equal basis with union employees. After
discussion, it was the consensus of the City Council that they were in agreement
with the percentage range but would workshop this item to discuss its
application.
PLANT DRIVE PARK
LIGHTING Councilman Clark made a motion to approve staff recommendation to purchase
lighting improvements for Plant Drive Park from American Lighting
CITY COUNCIL REGULAR MEETING, 9/21/95
PAGE 13
Maintenance for $15,000 by utilizing a piggyback bid from the City of Boynton
Beach. Motion was seconded by Vice Mayor Furtado. Vice Mayor Furtado
commented on the improved technology of halogen lights which produced zero
spillage. Motion passed by a 5 -0 vote.
PLANT DRIVE PARK
FENCING Councilman Clark made a motion to approve staff recommendation to purchase
fencing improvements for Plant Drive Park from Martin Fence for $8,372.70
utilizing a piggyback bid from the Palm Beach County School Board. Motion
was seconded by Vice Mayor Furtado. Motion passed by a 5 -0 vote.
PROPERTY & CASUALTY
& WORKERS COMPENSATION
INSURANCE RENEWALS Finance Director Olson reviewed the savings which would be realized by
accepting the proposed renewals. Councilman Clark made a motion to approve
staff recommendation to renew the City's property and casualty coverage and
workers compensation coverage with the Florida League of Cities for the policy
year beginning October 1, 1995. Motion was seconded by Councilman Jablin.
Motion passed by a vote of 5 -0.
PUBLIC WORKS TRACTOR Councilman Clark made a motion to approve staff recommendation to purchase
a 7740 Ford Tractor for roadway maintenance from Service Tractor and
Equipment utilizing a piggyback bid from Palm Beach County. Motion was
seconded by Councilwoman Monroe. Motion passed by a 5 -0 vote.
ITEMS FOR DISCUSSION:
REGIONAL POLICY Principal Planner Kim Glas explained that staff had expressed concern with
CITY COUNCIL REGULAR MEETING, 9/21/95
PAGE 14
possible imposition of the development forms and with water resource
priorities. Staff had requested clarification that the four preferred forms of
development would be consistent with local vision, and that water resources
would be shared among all users. Staff had also requested that RCA Boulevard
and Monet Boulevard be deleted from the Regional Transportation System, and
that Tri —Rail be added to the list of Railway Lines. After discussion of Policy
5.2.2.1, Councilwoman Monroe requested replacement of "without
necessitating" with "in an attempt to avoid ". City Attorney Baird requested City
Council comments regarding a letter he planned to transmit.
DON OLSON TIRE & AUTO
CENTER: Mr. Richard Bekesh, agent for the petitioner, explained the requested Site Plan
and Conditional Use applications. Mr. Bekesh commented that the eight
service bays would be oriented toward the south rather than facing Military
Trail as previously planned, and commented on landscape which had been
added, and explained that the landscape points exceeded code requirements by
10 %. The City Council requested that the building be turned ninety degrees,
that architectural and landscaping enhancements be made to the west wall
which would be seen from Military Trail, and that variegated barrel tiles be
used to tone down the bright orange as presented on the sample.
CITY MANAGER REPORT The City Manager passed along thanks and appreciation from the family of
deceased City employee Sam Harley. City Manager Herakovich reported that
CITY COUNCIL REGULAR MEETING, 9/21/95
PAGE 15
she and Assistant City Manager Greg Dunham had attended the National City
Manager's Conference in Denver, Colorado. The City Manager reported that
PBGYAA had a slate of officers for each individual sport, and that the City
Council was invited to attend their meeting where officers would be selected.
The City Manager reported that Sun Terrace at The Oaks had petitioned against
public restrooms in the proposed park pavilion; and suggested that space be
provided which could be used for storage and converted into restrooms if
needed in the future. Councilwoman Monroe requested that critera be
established for when public restrooms would be provided in a park. The City
Manager announced the second budget hearing September 28, 1995 and a
resignation from Detective Joseph Blazak who would be retiring and moving
to Ohio to deal with family illness. City Manager Herakovich requested an
executive session prior to the next City Council meeting to discuss bargaining
issues concerning the PBA contract.
CITY ATTORNEY REPORT The City Attorney had no items to report.
MACARTHUR FOUNDATION
PROPERTIES Dean Turney, agent for the Petitioner, explained that they were only applying
for agricultural use for properties that currently were being used for agricultural
purposes, and that the leases contained cancellation clauses, so that the
agricultural use would not necessarily continue for ten years. Mr. Turney
reported that no complaints had been received regarding the use. Mr. Turney
CITY COUNCIL REGULAR MEETING, 9/21/95
PAGE 16
requested that an option of seeding the berm be added to staff's conditions.
Councilwoman Monroe requested that uses not be changed which would allow
chemicals or spraying near residential areas.
ADJOURNMENT There being no further business to discuss, motion was made by Councilwoman
Monroe, seconded by Councilman Jablin, and unanimously approved to adjourn
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