HomeMy WebLinkAboutMinutes Council 101995CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
OCTOBER l9, 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, CAI J, 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.
FLOOD DAMAGE Mayor Russo discussed the flood which had taken place on Tuesday, pledged
support for the approximately 10% of the City's residents who still needed
assistance, and stated that the City would do everything possible to determine
why certain areas had flooded so that this would not happen again. City
Manager Herakovich reported that Police, Fire, and Public Works were helping
in every way possible, that Westwood Gardens culverts were removed and
backhoes employed in other areas to change the direction of flow, that residents
of Monet Oaks and Prosperity Oaks Court had suffered extensive damage to
their homes, and that some Frenchman's Creek homes had been affected. The
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City Manager stated that road damage could not be estimated for a few more
days, reported some damage to City facilities, described steps taken to convince
FEMA and Governor Chiles that assistance was needed, and reviewed the status
of several road closures. City Engineer Lindahl explained the flood had been
an unusual natural disaster, and that the maximum design criteria for a one -day
storm was for 12 inches of rain - -Palm Beach Gardens had experienced 17
inches; and the design criteria for a three -day storm was 16.5 inches - -the City
had experienced in excess of 20 inches. Making the storm's effects more
exaggerated were pre -storm saturation conditions and high tides. The City
Engineer reviewed a graphic depicting the drainage system of the City, and
explained that drainage systems south of PGA Boulevard had responded well
immediately when the rain had ceased except the holly Drive outfall; however,
the Frenchman's Creek drainage system had not responded properly. Mr.
Lindahl described damage to roads, and attributed the extensive damage to
homes in Plat 4 to the excessive amount of rainwater and to the breaching of the
east -west canal berm. Mr. Lindahl reported that the Northern Palm Beach
County Improvement District had contractors now working to repair those
breached areas; and that the Public Works Department had worked to relieve
some of the water from Plat 4 by changing the drainage in the NorthCorp basin.
The City Engineer described the existing regulatory system and the fixed
structures currently required which did not allow varied flows, and
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Page 3
recommended revisiting this through the regulatory process since the flood had
demonstrated that the City's level of service could be improved by changing the
types of structures allowed, Public Works Director Bob Patty, City Engineer
Lindahl, and Senior Engineer Tracy Bennett of Mock Roos and Associates- -
the district engineers for Northern Palm Beach County Improvement District- -
responded to questions by the City Council members. Mayor Russo commented
that the important thing was to learn from this disaster and to act quickly to take
corrective measures since statistically a similar disaster could occur tomorrow,
and outlined procedure for accommodating the comments of all residents at the
meeting.
JIM LEE Mr. Lee commented that he believed the drainage system had been blocked, and
that grating might have been blocked with debris which might have caused a
backup. Mr. Lee objected to agricultural use of land since water was pumped
into those areas, recommended improved drainage on Banyan, suggested other
locations where drainage might easily be accomplished, and questioned why
City employees had been driving back and forth through flooded areas. Mayor
Russo responded that the City employees were driving through neighborhoods
to see if any residents needed help. Discussion ensued, with responses to Mr.
Lee's concerns.
AWARDING OF BIDS: City Manager Herakovich reported that on September 26, 1995 staff had opened
and reviewed three bids received for the purchase of fertilizer for the coming
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Page 4
year, duly advertised 9/6/95. Staff recommended that the annual fertilizer bid
be awarded to Harrell's, Inc., based on their exceptional past service, in the
amount of $29,760. Councilwoman Monroe made a motion to approve the
recommendation by staff. Motion was seconded by Vice Mayor Furtado. Vice
Mayor Furtado requested whether a method could be utilized in the future
which would require less fertilizer. Motion carried by unanimous vote of 5 -0.
ITEMS BY MAYOR
AND COUNCIL:
VICE MAYOR FURTADO Vice Mayor Furtado referred to the newspaper article regarding the proposed
location of the convention center in Boca Raton, and requested active City
Council support for the West Palm Beach site. Mayor Russo stated he would
like the County Commission to reevaluate their selection criteria. The Vice
Mayor requested that a Resolution be drafted for consideration at the next City
Council meeting. Vice Mayor Furtado expressed concern with some of the
inequities in salary ranges which had been in the budget. Mayor Russo
requested that the Vice Mayor consult with City Manager Herakovich and
Human Resources Director Waldron and then present the findings to the City
Council.
COUNCILWOMAN MONROE Councilwoman Monroe requested discussion at the next workshop meeting
regarding the extension of high - occupancy vehicle lanes into northern Palm
Beach County,
MAYOR RUSSO Mayor Russo reported that he had attended a meeting of the Municipal League,
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Page 5
which he would discuss later in the meeting. Mayor Russo also reported he had
attended a meeting of the Recreation Advisory Board, which was concerned as
to when certain recreation items would be accomplished. Mayor Russo had
assured the Board that those matters were under consideration but had
explained that accomplishment would take time. The City Manager commented
that the report regarding recreation issues which had been raised during
discussion of the budget had been delayed, and would be presented at the next
City Council meeting.
COMMENTS FROM THE
PUBTIC;
LINDA HUGHEY Ms. Hughey questioned when the promised letter from the City regarding
forming a Task Force regarding the RV Ordinance would be available. Mayor
Russo requested that a Task Force be established before the end of the year.
CONSFNT AGENDA Mayor Russo clarified that Consent Agenda item 9 regarding approval of
Christmas Tree Sales at Gardens Park Plaza was at Miliary Trail and Northlake
Boulevard. Councilwoman Monroe requested that Consent Agenda items 7 and
10 be pulled. Councilwoman Monroe questioned whether the Christmas Tree
Sales at Home Depot would be under cover since their application did not cover
that item. Councilman Clark stated that both sets of minutes listed on the
Consent Agenda were titled as workshops and should be corrected to special
regular and regular meetings since action had been taken. Vice Mayor Furtado
made a motion to approve the Consent Agenda as amended by corrections to the
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PAGE 6
minutes as stated and by pulling items 7 and 10. Councilwoman Monroe
seconded the motion, which carried by unanimous vote of 5 -0. The following
items were approved on the Consent Agenda:
1. Approval of City Council Special Regular Meeting Minutes of 9/28/95.
1 Approval of City Council Regular Meeting Minutes of 10/5/95.
3. Proclaiming 10/19/95 as "Arbor Day ".
4, Proclaiming 10/22 -28/95 as "National Red Ribbon Week ".
5. Proclaiming November as "National Epilepsy Awareness Month ".
6. Proclaiming 11/12 -18/95 as "American Education Week ".
8. Approval of Christmas Tree Sales — Home Depot
9. Approval of Christmas Tree Sales — Gardens Park Plaza
11. Resolution 116, 1995 — Approval of Plat for Phase V Roadway
BallenIsles PCD.
After discussion, Councilwoman Monroe made a motion to approve the
following changes to Consent Agenda item 7, Authorizing the Mayor to sign
letter as requested by the Education Advisory Board: Addition of "We concur
that private testing no longer be accepted. Allowing private testing can
introduce a bias for and against certain groups "; also, deletion of the word "and"
in the 4th paragraph of the letter, and the words in all caps changed to lower
case. Councilman Clark seconded the motion, which carried by unanimous vote
of 5 -0.
CITY COUNCIL REGULAR MEETING, 10/19/95 PAGE 7
RESOLUTIONS
RESOLUTION 110, 1995 Resolution 110, 1995 - Consideration of Approval to authorize the installation
of additional signage to be located on the exterior of the Sears Building, The
Regional Center PCD (Jiffy Lube) Planning and Zoning Director Walton
reviewed the staff report dated October 11, 1995. Steve Caraccio of Sign Craft,
agent for the petitioner, presented color samples. After discussion, Councilman
Clark made a motion to approve Resolution 110, 1995 with an amendment to
Section 1 so that it would read: "The City Council hereby approves the
installation of one additional wall mounted sign for Jiffy Lube on the north
exterior elevation of the Sears Building..." Vice Mayor Furtado seconded the
motion, which carried by unanimous vote of 5 -0.
RESOLUTION 114, 1995 Resolution 114, 1995 -Approval of job descriptions for the 199511996 Fiscal
Year. Councilwoman Monroe made a motion to approve Resolution 114, 1995,
with the addition to the job description of Development Compliance Officer of
"some knowledge of personal computers" under Knowledge, Skills and Abilities
under the heading of Minimum Qualifications. Motion was seconded by
Councilman Clark and carried by unanimous vote of 5 -0.
RESOLUTION 115, 1995 Resolution 115, 1995 - Consideration of approval of signage and color change
for Suntrust Bank Military Trail. Planning and Zoning Director Walton
reviewed the request. Jeffery Adinolfe, agent for the petitioner, explained that
the new signage would be reduced in size. Councilwoman Monroe made a
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PAGE 8
motion to approve Resolution 115, 1995. Vice Mayor Furtado seconded the
motion, which carried by unanimous vote of 5 -0.
RESOLUTION 117, 1995 Resolution 117, 1995 - Approval of Agreement between City and The Weiss
School for use of City Gym. City Manager Herakovich explained that staff
recommended this agreement expire on June 10, at the end of the school year
for The Weiss School. Councilman Clark requested deletion of quotation marks
on the terms used throughout the agreement except for the first time a term was
used. Vice Mayor Furtado made a motion to approve Resolution 117, 1995 as
amended. Councilman Jablin seconded the motion, which carried by
unanimous vote of 5 -0.
RESOLUTION 118, 1995 Resolution 118, 1995 - Consideration of approval of an amendment to the
North Corp Center Site Plan within the NorthCorp PCD, to allow the
installation of additional satellite dishes. Principal Planner Bristol Ellington
explained the petitioner's request and concerns of staff. Councilwoman Monroe
expressed concern that frequently only existing situations were considered
without future projections. Petitioner's attorney expressed willingness to
comply with Code, but requested staff approval for parking and landscaping
rather than going through the whole site plan review process, citing a November
4 deadline. City Attorney Baird advised that notice and public hearing must be
given, and that he had not had an opportunity to review this application before
tonight's meeting. City Council members expressed concern that petitioner had
CITY COUNCIL REGULAR MEETING, 10/19/95
PAGE 9
not submitted this application earlier, however, it was explained that they had
believed only a building permit would be necessary. City Manager Herakovich
explained that FCC regulations allowed the TV station to be off the air only for
certain periods of time, which had been the determining factor in presenting this
matter for consideration by the City Council at tonight's meeting, as well as the
understanding that this would be a minor amendment to a PCD and therefore
would not require a public hearing. Tim Crowley, Presidential Construction,
explained that equipment from the Channel 34 location must be moved to the
Channel 25 location within a very short time frame. Planning and Zoning
Director Walton advised that this request was for a minor amendment to add
two satellite dishes. After extensive discussion, it was the consensus of the City
Council to schedule this item at next week's special regular meeting to allow the
City Attorney and staff to determine proper procedure.
PUBLIC HFARTNC.S:
ORDINANCE 13, 1995 Mayor Russo declared the Public Hearing open, which was duly advertised
8/23/95 for Consideration of Second Reading and Adoption and postponed from
the Regular Meeting of 9/7/95, the Special Regular Meeting of 9/21/95, and the
Regular meeting of 1015195, and held on the intent of Ordinance 13, 1995 -
,4mending 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 reviewed changes to the Ordinance since the last meeting. After
CITY COUNCIL REGULAR MEETING, 10/19/95
PAGE 10
discussion by the City Council, Mayor Russo called for comments by the
public.
GARY FIELDS Mr. Fields stated his office was at 4400 PGA Boulevard, and that he
represented Palm Beach Country Estates. Mr. Fields suggested a wording
change, with which the City Council concurred. Mr. Fields addressed the
setback for clustered towers, and FCC radiation guidelines. Mr. Fields
recommended that the Ordinance refer to ANSI public radiation standards, and
recommended inclusion of a random monitoring system for radiation levels.
RAYMOND ROYCE Attorney Royce introduced William Brown, whose firm provided engineering
for radio and television stations and represented those stations before the
Federal Communications Commission. Mr. Brown commented regarding the
radiation safety issue that ANSI standards were required with each application,
and if power changes were made that FCC approval would be required again,
therefore a need for monitoring would not exist. Mr. Royce explained that an
application had been presented for only one tower, and that if and when the
need arose, application would be made for a second and third tower. Attorney
Royce recommended adoption of a minimum setback, or if a ratio were
adopted, recommended 2 to 1. Attorney Royce commented on the need for
good communication in the event of a natural disaster such as had just occurred.
JEFFREY BROWN Mr. Brown, 53 Dunbar Road, expressed support of the Ordinance and urged that
the City Council focus on an ordinance which would regulate the construction
CITY COUNCIL REGULAR MEETING, 10/19/95
PAGE 11
of communication towers rather than site specific issues at this time; and
commented that as a physician he realized the need for good communications.
MIKE DANCHUK Mr. Danchuk requested the City Council consider the main concern regarding
distance from residential areas.
JOEL FREEDMAN Mr. Freedman, Palm Beach Country Estates, requested the tower not be placed
in their neighborhood. Mayor Russo explained that this hearing was not about
placing a tower in any specific location, but was to establish standards within
the City.
MICHAEL TUCHMAN Mr. Tuchmn, a 12 —year resident of Palm Beach Gardens, stated he would not
bring anything into the City which would harm residents in any way.
GARY FIELDS Mr. Fields supported monitoring, and pointed out that monitoring would not be
expensive when done only a few times a year, and commented that a minimum
setback would be acceptable.
Discussion by the City Council ensued regarding proposed changes to the
Ordinance. There being no further comments, Mayor Russo declared the Public
Hearing closed. Councilman Clark made a motion to place Ordinance 13, 1995
on Second Reading by title only and for approval, amended as follows: on page
3, section 159.088(D) paragraph 1, delete the word "in" in the first line of
paragraph 1, and delete the phrase "as a conditional use" in (A) after Planned
Development Area (PDA) Zoning District. On page 4, subparagraph 6 of
paragraph 1(a), delete the word "and" at the end of the second line. On page 5,
CITY COUNCIL REGULAR MEETING, 10/19/95
PAGE 12
subparagraph 6, delete the word "and" at the end of the second line.
Subparagraph (d)(3), delete the word "or" at the end of the second line.
Subparagraph 2, delete the first sentence in its entirety as duplicative, and
amend the third sentence to read as follows: "The intent of this requirement is
to ensure compliance with the structural integrity, visual aesthetics, radiation
standards, and other standards established for locating communication towers
upon which additional antennas, communication dishes, etc. are to be installed."
On page 6, paragraph 4(c), delete current setback requirement language and
substitute the following: "The base of such communication tower must be
separated from the nearest boundary of any residentially zoned district by a
minimum distance equal to the greater of (1) 500 feet or (2) a distance to be
determined by multiplying the height of the tower by the factor of 3." Page 9,
paragraph 18: delete the word "proposed" in the first line and insert the word
"then" before the word "current" at the end of the first line; at the beginning of
the third line before the words "electromagnetic fields (EMF), insert
electromagnetic radiation (NIER) and electromagnetic fields (EMF); in the next
line after "(ANSI)" and before "safety standards" insert the word "public "; and
at the end of the paragraph add a sentence reading as follows: "The City shall
have the right, but not the obligation, to evaluate the tower once a year to
monitor compliance with the above standards, such monitoring to be at the
applicant's expense." Motion was seconded by Councilwoman Monroe and
CITY COUNCIL REGULAR MEETING, 10/19/95
PAGE 13
carried by unanimous vote of 5 -0. The Deputy City Clerk read Ordinance 13,
1995, by title only on Second Reading.
RESOLUTION 119, 1995 Resolution 119, 1995 - Consideration of approval to propose that the Board of
County Commissioners, Palm Beach County School Board, the Private Sector,
and the Palm Beach County Municipal League work together to develop
criteria for the selection of a Superintendent; to develop recommendations for
reform of the Educational System in Palm Beach County, and requesting that
the Palm Beach County School Board defer the hiring of a superintendent for
a period of up to one year while such cooperation efforts are pursued.
Councilman Jablin questioned reasons for the Municipal League's action.
Mayor Russo explained that the Municipal League's concern was that if an
aggressive approach were not adopted in coordination with the County
Commission and the cities that the bond referendum would fail, and that the
biggest problem was lack of funding, and at present the residents of Palm Beach
County did not have confidence in the Palm Beach County School Board and
therefore would not pass a referendum. Councilman Jablin requested that this
item be delayed until one more meeting in order for the Education Advisory
Board to be informed. Discussion ensued, during which Mayor Russo stressed
the importance of all cities supporting this important issue.
CITY MANAGER REPORT: The City Manager reported that she had been called away from the meeting
earlier to coordinate information regarding flood damage calculations required
CITY COUNCIL REGULAR MEETING, 10/19/95
PAGE 14
by FEMA. The City Manager requested from each Council Member a list of
five goals prior to workshop discussion to establish goals. November 30 was
set as a workshop meeting date. City Manager Herakovich reported that the
City's Country Western Hoedown had been rescheduled from the next day to
Friday, November 10, since the park was very damp from the flood.
CITY ATTORNEY City Manager Baird reported on the status of current cases. It was the
consensus of the City Council to settle a claim regarding the Frenchman's Creek
Marina restaurant by granting authorization to the City Attorney to execute a
stipulation for settlement, which would require a Resolution that Frenchman's
Creek Marina restaurant was not a substantial deviation to the DRI.
ITEMS FOR DTSCUSSION:
MACARTHUR PROPERTIES Discussion involved the fact that water was pumped in for use in agricultural
lands, which had contributed to the flooding of Plat 4. Dean Turney, agent for
the petitioner, explained that a permit was necessary before water could be
pumped in for row crops and that discharge was normally diverted into canals,
not into residential areas; however, during the flood there had been so much
water that the canal no longer existed, and the farmers had turned off their
pumps when they realized their crops were lost. It was the consensus of the
City Council to delay this matter until the November 16 meeting to allow time
for research by the City Engineer regarding water usage for agricultural
purposes.
CITY COUNCIL REGULAR MEETING, 10/19/95 PAGE 15
DJOURNMENT There being no further business to discuss, motion was made by Councilwoman
Monroe, seconded by Councilman Clark, and unanimously approved to adjourn
the meeting at 11:28 P.M.
APPROVAL /
i
OR JOE RUSSO
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VICE MAYOR LAUREN FURTADO
COUNCILWOMAN MONROE
COUNCIL RIC JABLIN
COUNCILMAN CLARK
ATTEST:
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CINDY HARVEY, DEPUTY CITY CLERK