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06-10-2004 VC REG-MMINUTES OF THE REGULAR SESSION OF THE VILLAGE COUNCIL • OF THE VILLAGE OF NORTH PALM BEACH HELD JUNE 10, 2004 Present: Donald G. Noel, Mayor Charles R. O'Meilia, President Pro Tem David B. Norris, Councilman Robert F. Rennebaum, Councilman Dennis D. Redmond, Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, CMC, Village Clerk Absent: Dr. Edward M. Eissey, Vice Mayor ROLL CALL Mayor Noel called the meeting to order at 7:30 p.m. All members of Council were present except Vice Mayor Eissey, who was out of town. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Councilman Rennebaum gave the invocation, and Councilman Norris led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The following Minutes were approved: Minutes of Regular Session held 5/27/04 STATEMENTS FROM THE PUBLIC ---- Regina Sacco, 700 Lighthouse-Drive,-addressed the-Council--with a request to close the b00-and. 700 block of Lighthouse Drive for the purpose of observing "National Night Out", which is August 5, 2004. It was the consensus of the staff and the Public Safety Department that Lighthouse Drive gives emergency access for police and fire, and closing it would cut off an emergency route of the Village. Additionally, it is a main arterial street for traffic in the Village and is a designated "collector" street in the Comp Plan, which means it is intended to handle the flow of traffic from one point to another. Chief Johnson recommended that a side street be utilized for the National Night Out for the above-mentioned reasons. Public Safety Director Earl Johnson will meet with Ms. Sacco and neighboring residents to see what alternative can be worked out. CONSENT AGENDA . President Pro Tem O'Meilia moved to approve the Consent Agenda. Councilman Rennebaum seconded the motion, and all present voted aye. The following items were approved: Received for file the Minutes of the Planning Commission meeting held 5/4/04 Minutes of Regular Session Held Thursday, June 10, 2004 • Received for file the recommendation of the Annexation Committee that Council seek proposals for an annexation consultant for the Lost Tree, Hidden Key and Portage Landing annexations REPORTS OF SPECIAL COMMITTEES The League of Cities recently addressed the issue of the gas tax and approved a resolution. The Village will be asked to pass a resolution in the near future that will amend the Interlocal Agreement between the cities and the county to address the allocation of the gas tax money. Another resolution proposed by the League opposes the "strong Mayor" issue. This will be addressed at its next meeting. President Pro Tem O'Meilia asks input from the Village Council on this matter. Additionally, the County Commission will be bringing forth very soon, possibly July 7'h an ordinance which pertains to "the Granny Act", which allows the County Commission to give relief on ad valorem taxes if someone builds an addition to their residence to care for a grandparent, or a parent of the owners of the residence, up to 20% of the value of the existing land and existing structure. If it passes, it will affect the Village's 2006 budget. The County cannot, at this point, know the financial impact to cities. The County Commission is also proposing an annexation referendum ordinance for the November ballot. If it goes on the ballot in November and passes, it will be a real "home rule" issue, since it will give the County Commission total control over annexations, regardless of where it is or who is asking for it. On June 22 at 2 p.m., the Board of County Commissioners and the Board of Directors of the League of Cities will hold a Special Workshop regarding the annexation issue, and all cities and staff are asked to be present to show opposition to this particular ordinance. VILLAGE MANAGER' S REPORT Village Manager Dennis Redmond reported that the Recreation Advisory Board has a new concept which will require a change to the Recreation Master Plan. After the Board meets with the church regarding the parking, the Board should forward its recommendation to the Village Council for any change to the Master Plan. Mr. Redmond asked Council for guidance regarding a company that wishes to provide a street map of the Village which will contain advertisements by Village businesses and will be paid for by those businesses. In exchange, the publisher of the map will require a letter of introduction to be provided by the Mayor. Several cities have been contacted and express satisfaction with the company. Council ,directed that staff contact additional cities to make sure there are no adverse comments. Further, staff will ask if the publishing company makes any offering to the city in exchange for their endorsement. Discussion took place concerning the proposed schedule for budget hearings; a revised schedule will be distributed as soon as possible. BILL 1134 (ORD. 10-2004) -VOLUNTARY ANNEXATION -PLACED ON FIRST READING President Pro Tem O'Meilia moved that Bill 1134 entitled: 2 Minutes of Regular Session Held Thursday, June 10, 2004 • AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ANNEXING TO THE VILLAGE A COMPACT, CONTIGUOUS PARCEL OF LAND LOCATED AT 9275 ALTERNATE A-1-A FORMERLY OCCUPIED BY ED MORSE HONDA DEALERSHIP AND CONSISTING OF 3.06 ACRES OF LAND, MORE OR LESS, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED AND MADE A PART HEREOF; REDEFINING THE BOUNDARY LINES OF THE VILLAGE TO INCLUDE SAID PROPERTY; AND, PROVIDING FOR AN EFFECTIVE DATE Be placed on first reading and read by title alone. Councilman Norris seconded the motion. During discussion, Jim Fleishmann of LRM, Inc. told the Council that he felt the County would withdraw its objection to the annexation if a signed application for annexation is received from the U- Haul. U-Haul has asked for a waiver of the sign code for a certain period of time, and staff is very close to working it out. Ed Roby, the petitioner for the voluntary annexation at 9275 Alternate A-1-A, stated for the record that he will pay application and advertising costs for U-Haul. Language for setbacks and lot coverage which had been requested for that district will be done under separate ordinance. Discussion also included annexation of the right-of--way up to Richard Road. Mr. Fleishmann reported that the County is trying to develop a more comprehensive annexation policy and prefers that the right- of-way issue be held until a later time. Mr. Fleishmann also stated that the Council could annex the right-of--way along with the U-Haul parcel. If the right-of--way is not annexed, there cannot be a provision for the applicant to improve and maintain the median. It was noted that it could be made a condition of approval to landscape the median at this juncture. Mr. Fleishmann recommended that it be made a condition of site plan approval, rather than a part of the annexation ordinance itself. Village Attorney George Baldwin opined that the most appropriate place to include the condition would be in Bill 1137, the rezoning ordinance. Thereafter, the motion passed 4-0. BILL 1135- -SMALL-SCALE CDMP PLAN AMENDMENT -PLACED ON FIRST READING Councilman Norris moved that bill 1135 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT DESIGNATED AS AMENDMENT 04-1 TO THE ADOPTED COMPREHENSIVE PLAN FOR THE VILLAGE OF NORTH PALM BEACH, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT, AS AMENDED, BEING SECTIONS 163.3161, ET SEQ., FLORIDA STATUTES, WHICH AMENDMENT IS ATTACHED AS EXI-IlBIT "A" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING FOR REVISIONS TO THE FUTURE LAND USE MAP SERIES; • PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE 3 Minutes of Regular Session Held Thursday, June 10, 2004 Be placed on first reading and read by title alone. Councilman Rennebaum seconded the motion, and all present voted aye. BILL 1136 - AMENDING ZONING CODE TO ADD SELF-STORAGE FACILITIES AND REGULATIONS -PLACED ON FIRST READING President Pro Tem O'Meilia moved that Bill 1136 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING VARIOUS SUBSECTIONS OF SECTION 45-34, COMMERCIAL DISTRICT, OF ARTICLE III, DISTRICT REGULATIONS, OF APPENDIX C-ZONING OF THE CODE OF ORDINANCES OF THE VILLAGE; AMENDING SUBSECTION A BY ADDING THE ADDITIONAL PERMITTED USE OF LIMITED ACCESS SELF-STORAGE FACILITIES; AMENDING SUBSECTION B, DEVELOPMENT STANDARDS, TO PROVIDE CONDITIONS FOR LIMITED ACCESS SELF-STORAGE FACILITIES; AMENDING SUBSECTION C, USE AND OPERATING RESTRICTIONS, TO PROVIDE STANDARDS FOR LIMITED ACCESS SELF- STORAGE FACILITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE. Be placed on first reading and read by title alone. Councilman Norris seconded the motion. During discussion, the consensus of Council was to have a separate ordinance prepared to include regulations on setbacks and lot coverage and send it to the Planning Commission for approval, then bring it back directly to a Regular Session agenda. Thereafter, the motion passed 4-0. BILL 1137 -REZONING -PLACED ON FIRST READING President Pro O'Meilia moved that Bill 1137 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF LAND LOCATED AT 9275 ALTERNATE A-1-A CONSISTING OF 3.06 ACRES OF LAND, MORE OR LESS, WITHIN THE VILLAGE AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED, FROM PALM BEACH COUNTY ZONING DISTRICT CG/SE TO VILLAGE C-2 COMMERCIAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE Be placed on first reading and read by title alone. Councilman Rennebaum seconded the motion. A conduit for a continued irrigation system is already in place in the median, a result of landscaping the • median just south of the proposed annexation area. Public Services staff was directed to relay the Council's wishes regarding landscaping and maintenance of the median to the Planning Commission so that it would be considered a part of their approval. 4 Minutes of Regular Session Held Thursday, June 10, 2004 • Thereafter the motion assed 4-0. p RESOLUTION 34-2004 ADOPTED - INTERLOCAL AGREEMENT WITH P. B. COUNTY FOR BUS SHELTERS ON U. S. 1 President Pro Tem O'Meilia moved that Resolution 34-2004 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY ATTACHED AS EXHIBIT "A", WHICH AGREEMENT IS FOR THE PURPOSE OF FUNDING TRANSIT INFRASTRUCTURE; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Councilman Rennebaum seconded the motion, and all present voted aye. Item 14. a. was withdrawn from the agenda. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:55 p.m. ~~~ athleen F. Kelly, CMC Village Clerk 1. 5