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HomeMy WebLinkAboutMinutes Council 082197CITY COUNCIL REGULAR MEETING AUGUST 21, 1997 The August 21, 1997, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:30 P.M. in the Council Chambers of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida 33410; and, opened with the Pledge of Allegiance to the Flag. ROLL CALL The roll was called by the Deputy City Clerk and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Councilwoman Linda Monroe, and Councilman David Clark. Vice Mayor Furtado was absent due to a friend's illness, and Councilman Jablin was absent because he was attending the Florida League of Cities conference. ANNOUNCEMENTS Mayor Russo announced that there was a Crime Watch for residents in the Palms Beach Gardens Square and Town Hall Homes on Tuesday, 8126197 at 7:00 P.M. Mayor Russo stated that the remainder of the announcements were as posted on the City's bulletin boards and on the agenda. CITY MANAGER REPORT City Manager Herakovich announced that this evening was Reporter Joe Capozzi's last attendance at a Council meeting as he would be covering sports in the future for the Palm Beach Post. City Manager Herakovich further announced that Ann Bowles CITY COUNCIL REGULAR MEETING, 8121197 2 would be replacing Mr. Capozzi in reporting on issues and events in the City of Palm Beach Gardens. City Manager Herakovich stated that the results of the Bureau of Economics and Business Research shows that the population in the City has increased to 33,229, however, staff believed there were 35,436 residents. In the past efforts to have the population more accurately reflected have been unsuccessful. Staff will continue to update the Tiger data base so that when it is time for the census a more accurate population can be reported. It was reported that staff confirmed a meeting regarding the High Speed Rail System for Wednesday, October 1, 1997, at 10:00 a.m. in the Burns Road Community Center. City Manager Herakovich stated that staff was directed to research parking problems at the Marriot Hotel and it was found that at the time of approval in 1987, 487 parking spaces were required and 431 spaces were provided. Today's standards would require parking for 465 parking spaces. Discussions are scheduled between the owners of the Marriot and the adjacent property owner to facilitate parking problems. City Manager Herakovich stated she had spoken with the General Manager of the Marriott and that they were working on plans to alleviate the parking problems and would be bringing that back to Council in the next couple of CITY COUNCIL REGULAR MEETING, 8121197 months. At the last Council meeting, Cypress Hollow residents discussed the Australian Pine issue and City Manager Herakovich discussed the problem with Roy Davidson of Ballenlsles. Mr. Davidson stated that he would fax the 3 bids received for removal of the Australian Pines. The bids cover total removal and selective removal. As of this date the bids have not been faxed to the City. 3 City Manager Herakovich stated that staff would continue to work with landowners for a solution to this issue. Additionally, staff was asked to look into the National Flood Insurance Program, and going back through correspondence it appeared that the City has been participating in this program since 1990. Staff has requested any updated forms from DCA. It was reported that the prototype of the proposed City sign would be completed in a couple of weeks, and staff was working on obtaining a permit to place the sign on PGA Boulevard as directed by City Council. City Manager Herakovich stated that she annually reviews the take home vehicle policy and again this year the policy was reviewed during the budget preparation. Fourteen vehicles are assigned for take home by staff, with all being within a 25 mile radius of the City, except for one vehicle used by a Department Head. Staff is CITY COUNCIL REGULAR MEETING, 8121197 now researching whether this is cost effective and reviewing the possibility of car allowances or changing the policy for further restrictions. A report on this issue will be presented to the City Council in the near future. City Manager Herakovich stated that staff continues to work on code enforcement efforts and has drafted a letter that is more 4 introductory about violations. However, recently it was found that going through the Codes regarding the definition of "commercial" vehicles a typical van that may be used as a passenger van that included racks and a ladder could be interpreted as a commercial vehicle. City Manager Herakovich requested that staff work with legal counsel to better define the definition because the present definition has created problems with some residents. It was reported that staff has applied for an extension to the deadline for the I- 95INorthlake Boulevard landscaping project, pointing out that there have been problems with getting permits for wells, etc. PRESENTATIONS Mixed Land Use Concept Kim Glas, Principal Planner, introduced Joel Ivey of Ivey, Harris & Walls who gave a presentation on Mixed Use (MXD) Overlay Concept. Mrs. Glas briefly reviewed the vision policies regarding mixed use. Mr. Ivey reviewed the concept that was developed CITY COUNCIL REGULAR MEETING, 8121197 utilizing the visionary ideals and the Mixed Use Development Land Use from the current comprehensive plan. Mr. Ivey and planning staff have met with the state Department of Community Affairs on two occasions to discuss the implementation of the MXD concept and its adoption into the Future Land Use Element. DCA appeared to accept the concept and staff is in the process of discussing the concept with major landowners and developers in the City to determine whether this will realistically be utilized as a planning tool. AWARDING OF BIDS Janitorial Services Councilwoman Monroe made a motion, seconded by Councilman Clark, to approve the staff recommendation to award the bid for Janitorial Services to United States Service Industries in the amount of $45,840. The motion was unanimously carried. ITEMS BY MAYOR AND COUNCIL Councilwoman Monroe Councilwoman Monroe stated that at the last meeting of the Code Enforcement Board, there were 3 requests for reduction in fines. One was denied, one was slightly reduced and one was forgiven completely. Councilwoman Monroe expressed her frustration with the reasoning used by the Board for the reduction of fines. There was a consensus of the City Council to schedule a workshop to CITY COUNCIL REGULAR MEETING, 8/21/97 discuss the special master procedure for code enforcement. CONSENT AGENDA Councilman Clark made a motion, seconded by Councilwoman Monroe, to approve the Consent Agenda. The motion was unanimously carried. The following items were approved on the Consent Agenda: I. Approval of Minutes of 7/1/97 City Council Regular Meeting. 2. Approval of Minutes of 8/7/97 City Council Regular Meeting. 3. Proclaiming 9116/97 as "International Day of Peace ". 4. Proclaiming 9117 -23/97 as "Constitution Week ". 5. Proclaiming the month of September as "Literacy Awareness Month ". 6. Proclaiming 10/14 -20/97 as "Licensed Midwives Awareness" Week. 7. Resolution 89, 1997, approval ofNPDES Interlocal Agreement between Northern Palm Beach County Improvement District and the City. RESOLUTIONS; Resolution 81, 1997 Marty Minor, Principal Planner, reviewed the application from Peter Pan Preschool for a variance from Section 98- 72(a), which requires a 15' wide landscape buffer adjacent to public road right- of -ways. Specifically, the request was to reduce the required 15' n, buffer width along Ruby Street to 5 feet and to allow a zero to five- foot wide buffer along Ironwood Road. The site plan had been modified through the review process to create the widest buffers possible without creating any undue hardship to the existing use of the property. CITY COUNCIL REGULAR MEETING, 8121197 Councilwoman Monroe expressed her concern with someone buying a piece of property because it was less expensive, even though it would not meet the codes for the use intended, and then claiming a hardship. Mrs. Johnson of Urban Design, stated that the school has been located at the same site for many years and did not want to relocate, however, needed additional room for expansion. Mrs. Johnson stated that other schools to the south have received variances and asked that the Council take into consideration that the school has been located in this area for several years. Attorney Acton, in response to Councilman Clark, stated that Resolution 81, 1997, should contain the same language change as Resolution 82, 1997, regarding the private school operation 7 because it is a non - conforming use. Attorney Acton was requested to review the Code in regard to the procedures used for approval of variances. Mayor Russo felt that this issue should be postponed until legal counsel and staff could review the variance request and the code. Attorney Acton stated that the City Council is not being asked to consider this particular variance under Section 118, which is normally the section the Council uses to consider variance requests, but is considering a variance to Section 98 -36. Section CITY COUNCIL REGULAR MEETING, 8121197 98 -36 has no criteria to follow, unlike Section 118 that lists several criteria to be followed to determine if an undue hardship existed. Attorney Acton advised that by implication in the manner by which Section 98 -36 is written it contemplates the same standards would be applied to other sections of the code, however, it does not expressly set forth in this section that the Council must adhere to those six criteria found in Section 118. The project being considered by the Council at this time is also involved in a zoning variance that also does not have the six criteria set forth in the code. Attorney Acton read the criteria set forth in Section 118 of the Code, and advised that the Council use that same criteria in their consideration of approval for the variance requested by Resolution 81, 1997. Councilman Clark stated that it has been advised by the City Attorney that it would be appropriate for the Council to make the findings in the criteria set forth in Section 118 in relation to the request presented by Resolution 81, 1997, however, it was not absolutely necessary. It was the consensus of the Council that they would rather defend the approval of this application rather than defend the denial. Councilman Clark made a motion to approve Resolution 81, 1997, with the amendment in the title to insert the words after Peter Pan CITY COUNCIL REGULAR MEETING, 8/21/97 9 Preschool "and a new Murry Hill Private School ". Mayor Russo passed the gavel to Councilwoman Monroe, and seconded the motion for approval of Resolution 81, 1997. The motion was carried by a vote of 2 ayes and 1 nay, with Councilwoman Monroe casting the nay vote for reasons previously discussed. PUBLIC HEARINGS: Resolution 82, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised 7/23/97 and held on the intent of Resolution 82, 1997, consideration of a Conditional Use for Peter Pan Preschool Expansion, Marty Minor, Principal Planner, stated this request was for a conditional use approval for the expansion of an existing preschool to include a private school in the RM, Residential Medium Density zoning district. The preschool is located on Ruby Street, north of Holly Drive and west of Ironwood Road. Mr. Minor stated that staff and legal counsel have included a condition in Resolution 82, 1997, that stated if the conditional use for Phase 11 was not initiated within 12 months of the effective date of approval, the approval for Phase II would become void. There being no comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark made a motion to approve Resolution 82, 1997. CITY COUNCIL REGULAR MEETING, 8121197 10 Councilwoman Monroe seconded the motion, which unanimously carried. Resolution 88, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised 816/97, and held on the intent of Resolution 88, 1997, consideration of approval providing for amendment of a conditional use to allow an accessory fruit and vegetable stand, a "U Pick It" operation and a modular security unit at the southeast corner of Hood Road and Military Trail. Mr. Minor, Principal Planner, stated that since the last meeting, the petitioner has reduced the size of proposed trailer from 10 x 24 to 10 x 15. A discussion ensued regarding the appearance of the site, with concerns being expressed with the color proposed for the existing structures and landscaping. In response to Mayor Russo, there were no comments from the Public. Mayor Russo declared the public hearing closed. It was the consensus of the City Council to have staff add an additional condition to Resolution 88, 1997, specifying the color of the structure, including the chip number, and to place Resolution 88, 1997, on the Consent Agenda of the next regular meeting for consideration of approval. Ordinance 20, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised 614197 and postponed from the 6119197, 712197 meetings CITY COUNCIL REGULAR MEETING, 8/21/97 11 of the City Council. Mayor Russo stated that the discussion this evening was to postpone the hearing to a date and time certain. Mayor Russo stated that he could not guarantee that he would be in town on September 8, 1997. Joan Altwater, resident of Cypress Hollow, stated that the resident coalition had a problem with the September 2, 1997, date because the planner hired by them was unavailable that evening and asked that the public hearing be postponed to September 8, 1997. Councilman Clark made a motion to continue the Public Hearing for Ordinance 20, 1997, to Monday, September 8, 1997, at 7 :30 P.M. at Dwyer High School Auditorium, with a curfew of 11:00 P.M. The motion was seconded by Councilwoman Monroe and unanimously carried. Ordinance 34, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised 7123197 and postponed from the Regular Meeting of 817197 and held on the intent of Ordinance 34, 1997, providing for an amendment to Section 118.40 of the Code of Ordinances to provide for the Collection of Fees for the Use of the City Engineer and City Attorney. In response to Mayor Russo, Kent Olson, Finance Director, stated that the requirement for the recovery of fees for the use of the City Engineer and City Attorney always included fees for the attorney, CITY COUNCIL REGULAR MEETING, 8/21/97 12 however, the practice has been on the books for a long time. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilwoman Monroe made a motion to approve Ordinance 34, 1997, and to place it on second and final reading by title only. The motion was seconded by Councilman Clark and unanimously carried. The Deputy City Clerk read Ordinance 34, 1997, on second and final reading, by title only. RESOLUTIONS: Resolution 57, 1997 Councilman Clark made a motion to approve Resolution 57, 1997, providing for the approval of an Interlocal Agreement to Form a Task Force for the Purpose of Facilitating Renovation and/or Redevelopment of the Northlake Boulevard Corridor. The motion was seconded by Councilwoman Monroe and unanimously carried. A Resolution appointing members to the Task Force will be considered by the City Council at their next Regular Meeting. ITEMS FOR COUNCIL ACTION Councilwoman Monroe Councilwoman Monroe stated that the County's Code Enforcement Department has a provision whereby when code enforcement meets they have an automatic calculation of certain expenditures in addition to the violation. Councilwoman Monroe asked, and the CITY COUNCIL REGULAR MEETING, 8/21197 ITEMS FOR DISCUSSION 13 Council agreed, that staff research how the County calculates these costs for Council consideration. Comp Plan - Housing Kim Glas, Principal Planner, stated that continuing the revisions to the Comprehensive Plan based upon the EAR and the "vision ", staff was bringing the proposed changes to the Housing Element for review and consideration by the City Council. The Florida Department of Community Affairs was to have provided staff with an "affordable housing needs assessment" to use during the EAR, however, the assessment for Palm Beach County was not completed until after the deadline for adoption. Staff utilized the data from that assessment to the best of their ability, however, inconsistencies in the data made it difficult. Hearing of the anomalies in the data, the Comprehensive Plan Amendment Review Committee recommended that the City not rely on the affordable housing needs assessment to make any new policy decisions at this time. CPARC recommended that the City commit to conducting a full housing needs analysis after the data from the 2000 Census was available to ensure that the best available data was utilized. Council was presented a proposed draft based on these recommendations. Councilwoman Monroe asked if there was anything the City could CITY COUNCIL REGULAR MEETING, 8121197 14 do ahead of time so that the census could be more correctly portrayed with regard to affordable housing, referencing the fact that condominiums were accepted, however, townhouses were not. Council offered no amendments to the housing element to be submitted to the Department of Community Affairs. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 9:44 P.M. APPROVAL MA R'JOSbH R.RUSSO VICE MAYOR LAUREN FURTADO CO WILWOMAN LINDA MONROE t ' r Cb-ONCILMAN EIOC JABLIN Ll� w f� COUNCILMAN DAVID CLARK ATTEST: CINDY HARVEY, DEPUTY CITY CLERK