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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