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.
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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
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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
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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
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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
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Cb-ONCILMAN EIOC JABLIN
Ll� w f�
COUNCILMAN DAVID CLARK
ATTEST:
CINDY HARVEY, DEPUTY CITY CLERK