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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 City Council Regular Meeting, 10/19/95 Page 2 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 City Council Regular Meeting, 10/19/95 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 City Council Regular Mceting, 10/19/95 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, City Council Regular Meeting, IQ/19/95 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 CITY COUNCIL REGULAR MEETING, 10/19/95 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 CITY COUNCIL REGULAR MEETING, 10/19/95 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 � 1 r - VICE MAYOR LAUREN FURTADO COUNCILWOMAN MONROE COUNCIL RIC JABLIN COUNCILMAN CLARK ATTEST: a�fZl�2�f CINDY HARVEY, DEPUTY CITY CLERK