HomeMy WebLinkAboutMinutes Council 071692V
CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
JULY 16, 1992
The Regular Meeting of the City Council of the City of
Palm Beach Gardens, Florida, was called to order at 8:00
P.M. by Mayor Martino 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 City Clerk called the roll and present were Mayor
Martino, Vice Mayor Russo, Councilman Aldred, Councilwoman
Monroe and Councilman Kiselewski.
ANNOUNCEMENTS Mayor Martino stated the announcements were as posted on
the Bulletin Boards.
PRESENTATIONS Mayor Martino presented a plague to Captain Charles Dyar
of the Palm Beach Gardens Police Department. Captain Dyar
retired on June 30, 1992, after 22 years of service to the
City.
Steve Clodfelter of the YAA, addressed the City Council
requesting funds to assist the girls softball teams
traveling out of state to national tournaments.
Councilman Kiselewski made a motion to donate an
additional $2,000, to the already budgeted $2,000, to
assist the YAA in defraying travel expenses; seconded by
Councilman Aldred. The motion was unanimously approved by
the City Council, with $2,000 to be taken from Council
Contingency and $2,000 from Account 01- 48.00, Community
Promotions.
CITY COUNCIL REGULAR MEETING, 7/16/92 PAGE 2
I-ZEMS BY THE
CITY MANAGER
LAND USE
AMENDMENT Rich Walton, Director of Planning and Zoning, addressed
the City Council re: update on land use amendment. Mr.
Walton stated staff has met with various agencies recently
and is now requesting a workshop with the City Council and
Kevin Erwin, environmental consultant.
Per a consensus of the City Council, a workshop meeting
will be scheduled for Tuesday, August 4, 1992, providing
Mr. Erwin is available.
MAYOR MARTINO Mayor Martino recognized Tom Kelsey of North Palm Beach,
who is seeking the County Commission District 1 seat, and
Beverly Pope, Executive Director of the Northern Palm
Beaches Chamber of Commerce.
COUNTY CHARGES The City Manager reported receipt of a memorandum from the
Palm Beach County Planning, Zoning and Building
Department, stating the County is now charging postage to
distribute documents such as agendas, notifications, etc.
Councilwoman Monroe requested staff verify if this
requirement includes the Tuesday County Commission Agenda.
CHECKERS
CANT Bob Basehart, Petitioner, addressed the City Council re:
proposed Checkers Restaurant to be located on the corner
of Northlake Boulevard and Lindell Lane. Mr. Basehart
reviewed the proposed site plan and landscaping plan for
the City Council. Mr. Basehart stated the letter received
from the Palm Beach Gardens' Planning and Zoning
CITY COUNCIL REGULAR MEETING, 7/16/92 PAGE 3
Department expressing the City's concerns and suggestions,
has been taken into consideration and felt most of the
concerns and suggestions have either been incorporated
into the plan or agreed to through conditions. Mr.
Basehart stated the building being proposed is the
standard Checkers building. Mr. Basehart stated there are
170 stores in the Checkers chain and 159 are the standard
building. Mr. Basehart stated the County Commission has
postponed this item for 30 days and asked the petitioner
to work with the City of Palm Beach Gardens to come up
with something the City would find acceptable. Mr.
Basehart stated Checkers has authorized him to request the
City to consider the Wellington store package, however,
the Wellington package does include neon. Mr. Basehart
presented photographs of the Wellington building to the
City Council for their examination. Mr. Basehart
requested the City Council direct staff to submit a letter
to the County Commission stating the design of the
proposed building was discussed and the Council would not
object to the approval of the Wellington package.
After discussion by the City Council, Councilman
Kiselewski made a motion for staff to forward a letter to
the County Commission stating the City prefers the
Wellington package, however, neon is not allowed in Palm
Beach Gardens; seconded by Vice Mayor Russo. The motion
was unanimously approved by the City Council.
CITY COUNCIL REGULAR MEETING, 7/16/92 PAGE 4
I—, The City Council expressed concerns re: traffic
circulation and curb cuts. There was a consensus of the
City Council for staff to include this comment in the
letter to the County Commission.
JUNO BEACH
RO�WAY DESIGN The City Manager stated the Town of Juno Beach has
requested the County construct a thoroughfare type system
along U.S. Highway one, which would be a four -lane cross -
section with a walkway outside the landscaped areas.
Councilman Kiselewski made a motion to have this request
reviewed and commented upon by the City Engineer and
discussed with the other municipalities.
Mr. Walton stated David Getz has reviewed the comments and
his only real concern was if there was room for the
utilities. Mr. Walton stated Juno Beach indicated they
have discussed this proposal with many of the utility
companies and they did not have any objections. Mr.
Walton stated staff is asking for a conceptual endorsement
of the proposal.
Councilman Kiselewski stated he would like to see comments
from David Getz in writing and would like information re:
economic difference between what is proposed and the
current situation.
Mr. Walton stated in a meeting between North Palm Beach,
Jupiter, Juno Beach and Palm Beach Gardens, the Juno Beach
planner felt there wasn't a difference, however, she did
not have the engineer's costs.
CITY COUNCIL REGULAR MEETING, 7/16/92
PAGE 5
--1 Mr. Walton stated Juno Beach is requesting this
endorsement now, as there are some ISTEA monies available
at this time.
In response to Councilwoman Monroe, Kim Glas stated the
area in question is from Parker Bridge through Jupiter on
U.S. Highway One.
Councilwoman Monroe expressed concern with safety issues,
design standards, lowering the speed limit from 45 m.p.h
to 35 m.p.h., including who would enforce the 35 m.p.h.
speed limit. Councilwoman Monroe stated, while she
endorses the creativity of the proposed project, she is
concerned with the technical issues. Councilwoman Monroe
stated she would endorse the project for additional
research.
Vice Mayor Russo stated since the City has so little area
on U.S. Highway One compared to the other municipalities,
Palm Beach Gardens should be accommodating to what the
other municipalities wish to do.
Councilman Aldred made a motion to conceptually endorse
the plan subject to costs and safety concerns; seconded by
Councilman Kiselewski.
Vice Mayor Russo felt the Council should state the City
does not have a problem with the proposal at this time
because Palm Beach Gardens has such a small portion of the
roadway, but would like to know what the other
municipalities have to say.
CITY COUNCIL REGULAR MEETING, 7/16/92 PAGE 6
I— Mayor Martino requested Mr. Walton to include Vice Mayor
Russo's comments in the letter.
Councilwoman Monroe expressed concern enforcing a 35
m.p.h. speed limit through a heavily developed commercial
strip.
In response to Councilman Aldred, Mr. Walton displayed the
proposed roadway designs, and the requested design.
Councilman Aldred stated, after reviewing the designs, he
does have an objection and withdrew his motion.
Councilman Kiselewski withdrew his second.
Councilman Kiselewski suggested the City Engineer provide
written comments re: costs and the impact on the City.
Councilwoman Monroe suggested stating the City has no
comment at this time based on the need for additional
information.
There was a consensus of the City Council directing staff
to write a letter stating there was insufficient
information to determine the affect on Palm Beach Gardens,
therefore, at this time the City has no comment.
GREAT WESTERN The City Manager stated after the approval by the City
Council of the site plan for Great Western Bank on PGA
Boulevard and Prosperity Farms Road, it was discovered
there was a need to take some of right -of -way. The needed
right -of -way will cut through the center of the parking
lot along PGA Boulevard taking 25 feet of the landscaping
and parking. The City Manager stated Great Western is in
CITY COUNCIL REGULAR MEETING, 7/16/92 PAGE 7
-- the process of pulling a permit at this time. The City
Manager stated there was a meeting with bank officials and
the architect yesterday, and Great Western is willing to
make a modification to the site plan which would pull the
bank back a sufficient depth to keep the parking on the
front and to provide a 6' landscape strip. The City
Manager stated this will take away the pass -thru lane at
the rear of the project, however, it does leave an
opportunity of by -pass at the ATM. The City Manager
stated this property is under a Unity of Title with the
shopping center and the bank has a 99 year lease. The
City Manager stated by making this modification, the bank
is able to save the existing trees on the property. In
response to Councilman Kiselewski, the City Manager stated
this right -of -way had not been identified on the County
Thoroughfare Plan at this point in time, but was
identified through the DRI for the Regional Center which
has not been expanded.
Councilman Aldred made a motion to accept the modification
to the site plan; seconded by Councilwoman Monroe. The
motion was unanimously approved by the City Council.
The City Manager stated Prosperity Centre PUD will be
coming before Council for the same reason.
The City Manager stated the DOT and County met in 1990 and
developed this information, however, the City of Palm
Beach Gardens was not informed.
CITY COUNCIL REGULAR MEETING, 7/16/92 PAGE 8
)rrEMS BY MAYOR
AND COUNCIL
MAYOR MARTINO There was a consensus of the City Council to schedule a
workshop for Thursday, July 23, 1992, to discuss the
LDRIs.
COUNCILMAN
Councilman Kiselewski reported attending the MPO meeting
today. Councilman Kiselewski stated the County is in the
process of taking county funding for the expansion of the
Donald Ross Road bridge and putting it into the state
funding for the Indiantown bridge. This would speed up
the expansion of the Indiantown bridge by a couple of
years and put the Donald Ross Road bridge off until the
later part of the decade. Councilman Kiselewski stated he
is concerned how much the City will suffer on the PGA
bridge by not putting
it was proposed.
There was a consensus
write a letter to the
information regarding
place with regard to
COMMENTS FROM
THE PUBLIC
the Donald Ross Road bridge in when
of the City Council for staff to
County Administration requesting
the considerations which are taking
this issue.
JEFFREY BURCK Jeffrey Burck, President of Jupiter Rural Residents, Inc.,
addressed the City Council regarding their opposition to
the proposed SR -7 alignment with Jupiter Farms Road.
CONSENT AGENDA Councilman Kiselewski made a motion, seconded by
-� Councilman Aldred, to approve the following items on the
CITY COUNCIL REGULAR MEETING, 7/15/92 PAGE 9
--- Consent Agenda:
1. Approval of Minutes of 7/2/92, Regular City Council
Meeting, as amended.
2. Resolution 54, 1992 - Approval of PGA National M -30
Tract PUD Entry Sign.
Councilman Monroe stated she has not received information
on how the entry sign at M -30 got constructed without a
permit.
The motion was unanimously approved by the City Council.
ORDINANCES
ORDINANCE
T7—,-1992 Per a consensus of the City Council, the City Clerk read,
by title only, on first reading, Ordinance 17, 1992,
Landscape Code.
ORDINANCE
1992 Per a consensus of the City Council, the City Clerk read,
by title only, on first reading, Ordinance 18, 1992,
Amendment to Comfort Inn PUD re: Swimming Pool.
ORDINANCE
11992 Councilman Kiselewski stated Ordinance 19, 19921
modification of solid waste hauling contract adding a
green route, is a State mandated change in the way the
Solid Waste Authority operates and does not include the
roll -offs.
Attorney Brant stated Ordinance 19, 1992, modification of
the solid waste hauling contract adding a green route, per
state contract, is a change of methodology as to disposal
of garden trash. The basic service is not being changed.
Attorney Brant stated the agreement with Waste Management
CITY COUNCIL REGULAR MEETING, 7/16/92 PAGE 10
was adopted by Ordinance in September, 1989, and the
original Ordinance granted a 5 year term with an option to
Waste Management for a renewal of a 5 year term provided
the City, 60 days prior to the expiration of the term,
stated they did not want to renew the contract.
Per a consensus of the City Council, the City Clerk read,
by title only, on first reading, Ordinance 19, 1992.
ITEMS FOR
D=USSION
FIRETREE LANE Attorney Brant stated Mr. Dorn, has filed a formal
petition requesting the City abandon a portion of the
easement on Firetree Lane. Attorney Brant stated 3 things
must be ascertained by the City Council: 1) are there any
users of utilities in this easement. If so, do they have
any objections, and does the City need something in
writing from all major utilities that use it or could use
it; 2) should this easement be abandoned? Could there
be any use now, in the future, or the far future; 3) in
the event of the process whereby the land goes to
contiguous landowners, is there any economic value which
the City should secure from the person receiving the right
to use that particular land? Attorney Brant stated there
is a pedestrian easement used as a footpath. Attorney
Brant stated this could be done by resolution, after a 15
day advertisement of intent to consider.
Steve Dorn, Petitioner, addressed the City Council
-- requesting the City abandon approximately 8 1/2 feet of
CITY COUNCIL REGULAR MEETING, 7/16/92 PAGE 11
`-` the south side of Firetree Road to allow the construction
of a triplex under standard zoning. Mr. Dorn stated the
property is approximately 16,000+ square feet and is
deficient approximately 1,250 square feet for three units
under standard zoning. Mr. Dorn stated there is a surplus
of 4,000+ square feet for duplex construction. Mr. Dorn
stated all other options have been explored, and found to
be not available, i.e. PUD, variance, and unity of title.
Mr. Dorn stated it is not economically feasible to develop
this site as a duplex
In response to Councilman Kiselewski, Mr. Dorn stated he
would gladly acquire even more of Firetree Lane and build
a four -plex.
In response to Councilman Kiselewski, Mr. Dorn stated he
was prepared to offer the City $1,000 for the additional 8
feet and other considerations which they would deem
acceptable to Site Plan and Review.
In response to Mayor Martino, Mr. Dorn stated he believed
two duplexes could be built on the property if all of
Firetree Lane was deeded over.
Councilwoman Monroe requested staff inform Council if
there is any problem with density, access, and if there
was enough land to meet setback requirements for a duplex.
Councilwoman Monroe felt that if the answer was yes, the
City should consider selling the land as a lot.
After further discussion, Council directed staff and Mr.
CITY COUNCIL REGULAR MEETING, 7/16/92 PAGE 12
�— Dorn to review the possibility of abandoning all of
Firetree, preserving easements necessary to the City, and
whether the City could sell the parcel. The City Manager
stated the City will need access to the canal system.
ADJOURNMENT There being no further business to discuss, the meeting
was adjourned at 10:17 P.M.
CITY COUNCIL REGULAR MEETING, 7/16/92 PAGE 13
APPROVAL
MAYOR MART INg
V•IC&' MA— o RUSSO
'- -'LIRA V. KO § I ER
CITY CLERK
COUNCILMAN ALDRED
„
COUNCILWOMAN MONROE
COUNCILMA KISELEWSKI