HomeMy WebLinkAboutMinutes Council 062493 SpecialCITY COUNCIL
SPECIAL MEETING
CITY OF PALM BEACH GARDENS
JUNE 24, 1993
7:30 PM
The Special Meeting of the City Council of the City of
Palm Beach Gardens was called to order by Mayor Russo at
7:36 PM, 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 Call The Deputy City Clerk called the roll and present were
Mayor Russo, Vice Mayor Monroe, Councilman Jablin, and
Councilwoman Furtado. Councilman Clark was not in
attendance, as he was out -of -town.
Resolution
`Resolution 74,1993 Mayor Russo announced the purpose Special Meeting was to
workshop and consider approval of Resolution 74, 1993,
amending Ordinance 32, 1988 by modifying the approved
site, landscape and lighting plan and approving the
colors for retail buildings of the Prosperity Center PUD.
Rich Walton, Director of Planning & Zoning, addressed the
City Council stating there were several unresolved issues
regarding Petitioners request, i.e., painting of both
sides of the wall; color of paint, trees, right- in /right-
out access, lighting that will affect residents next to
the center. Mayor Russo asked the members of the Council
how they felt about painting both sides of the wall.
Councilman Jablin felt the Petitioners side should not
be painted. Vice Mayor Monroe felt a compromise might
work - paint the upper two sections as shown on the plan
because the growth should cover the balance of the
interior portion of the wall. Mayor Russo felt the
interior side would not need painting.
Per a letter from David Getz, the City Attorney was asked
to comment on the liability on the turn -out for the
Petitioner's property. The City Attorney stated the
major issue was put to rest by a recent DoT ruling and he
did not see the liability issue anymore than an issue of
a curb -cut permit that would increase the City's
liability. The City Attorney advised the Council that
the liability remaining was very infinitesimal compared
to the major problems and saw no reason why the Council
could not go forward if they so wished, from a liability
standpoint.
Jeff Lis of Catalfumo stated he was representing the
owner of the Prosperity Center. Mr. Lis and the Council
discussed the issues still pending. He felt the right-
in/right-out issue had been resolved. The landscaping as
proposed by Jeff Blakely was changed to add bumper - height
myrsine plants in the parking lot which would grow and
create breaks in the parking area. A certified copy of
the landscaping plan would be submitted within 30 days to
City Staff.
Mr. Walton brought up the concern regarding Section 4 of
the proposed amended Resolution 74, 1993, which covers a
.20 -acre site on the south side of the PUD, designated as
CITY COUNCIL SPECIAL MEETING, JUNE 24, 1993 3
"Garden ". The concern regarded grading and use as a
park. Mr. Lis stated they had planned on creating a
meandering swale through the trees on that parcel to
handle rain run -off from the 107,000 S.F. of roof area of
the complex. Mayor Russo asked Mr. Walton if the
drainage as altered by Petitioner would work without the
rain draining to this parcel in question and was advised
it could be made to work. Mr. Lis stated he would be
willing to make the area flat, as previously planned,
even though he had received a permit to do it as it had
been dug out and was attempting to save tree roots from
being washed out, if that is what the Council wished.
Vice Mayor Monroe stated she appreciated hearing from Mr.
Lis but felt it would be better if the City Engineer
could comment. It was Vice Mayor Monroe's understanding
this would be a well - maintained area for employees' use.
Councilman Jablin felt the swale area could become a
retention pond and Councilwoman Furtado reminded members
of the City Council of the horror show regarding drainage
at the Winn Dixie Center because of confusion over who
was doing what and felt it was important these problems
get corrected prior to completion. Mayor Russo stated a
resident in the audience, Kathleen Smith of 11355 W.
Teach Rd., wished to speak on the issue. She said she
was concerned that her fence would be washed out, along
with some trees; the area would not be maintained well
which would cause additional erosion, and that the
drainage pit was not filled in. She was also worried
about mosquitoes. Mr Lis said he would cooperate 100%
CITY COUNCIL SPECIAL MEETING, JUNE 24, 1993
with the City Council.
4
Mr. Larry Smith, representing Jack Blade of "It's a
Jungle ", was in the audience and asked the City Council
to later resolve his client's problem of access and to
correct the problem so he would be operating legally on
Floral Lane.
Per a consensus of the City Council, Resolution 74, 1993,
was amended as follows:
1.
Section 21 would be changed to read: "The
entire wall, on the residents' side, shall be
painted and the site plan corrected "...
2.
Section 23, Colors, shall be changed to delete
y
the Teal Color. Mayor Russo felt concern that
the Petitioner had changed the colors and
actually commenced painting with the new
colors, prior to approval from the Planning &
Zoning Commission. Mr. Lis will have the teal
paint color removed from the property.
3.
The last sentence of Section 4 will read: "The
grading of this area shall be approved by the
City Engineer prior to the issuance of any
C.O. for the shopping center. The intent of
this condition being that this area shall not
be utilized for water retention purposes."
4.
Section 2. Add the following sentence: "Prior
to C.O., the Petitioner shall provide cross -
access or, if it is impossible to provide
CITY COUNCIL SPECIAL MEETING, JUNE 24, 1993 5
such access in negotiations with the property
owner, the Petitioner shall provide
documentation of its efforts to comply with
this condition. 11
5. Section 3. "as approved by the City Council"
shall be moved to a position between the words
"point" and "shall ".
6. Section 13, line 3, change 1993 to 1998.
7. Section 14. Add to last line the words "or
retail" between the words "restaurant" and
"space ".
8. Section 15. Strike last sentence.
9. Section 22. Add a comma after the word
"insufficient" in line 2; add a period after
the word "same" in line 5. The last sentence
shall be changed to read: "This landscaping
shall be installed within 60 days written
notice by a property owner on Kidd Lane
adjacent to the shopping center being
delivered to the owners of the shopping center
with a copy to the City."
Robert Wood Mr. Robert Wood of 11456 Kidd Lane was in the audience
and addressed the City Council. His concern was
regarding the lighting which could shine into his
windows. However, Mayor Russo stated this was taken care
of by Section 22 in the Resolution. Mr. wood's other
concern was the timing of the construction of the wall
which was supposed to be in before any construction, but
CITY COUNCIL SPECIAL MEETING, JUNE 24, 1993 6
installation had not started. Mr. Lis advised the
Council that, upon approval of the Resolution, he would
be ordering construction of the wall this coming Monday.
Bill Kaufman Mr. Bill Kaufman of East Teach Road was in the audience
and said that, due to the concrete barrier on PGA
Boulevard, he must take another road as access, part of
which was dirt. A lady in the audience advised that the
County would be paving that portion of the road, even
though the road was private.
CITY ATTORNEY
A motion was made by vice Mayor Monroe to approve the
Resolution 74, 1993 as amended. Seconded by Councilwoman
Furtado. Passed unanimously.
The City Attorney requested to poll the City Council to
determine who had talked to attorneys, neighbors, etc.,
in order to have a complete record. Councilwoman Furtado
said she has spoken to several people, but not in
reference to what was being voted on. Councilman Jablin
said he did not talk to anyone regarding this project;
but had talked to Larry Smith that afternoon about the
Floral Lane entrance. Vice Mayor Monroe said she had
spoken to Mr. Smith regarding the access issue.
ADJOURNMENT There being no further business to discuss, the meeting
was adjourned at 8:59 PM.
CITY COUNCIL SPECIAL MEETING, JUNE 24, 1993
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MAYOR MONROE COUNCILWOMAN FURTAD0
COUNCILMAN CLARK
EXA M. RIEF
DEPUTY CITY CLERK