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HomeMy WebLinkAboutMinutes Council 010292CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS JANUARY 2, 1992 The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Mayor Martino at 8:00 P.M., in the Assembly Room at the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL The roll was called by the Deputy City Clerk, and present were: Mayor Martino, Vice Mayor Aldred, Councilman Kiselewski, Councilwoman Monroe and Councilman Russo. ANNOUNCEMENTS Mayor Martino stated the announcements were as listed on the agenda and bulletin boards. ITEMS BY THE CITY MANAGER The Assistant City Manager reminded the City Council REPORTS AND ITEMS BY MAYOR AND COUNCIL of the Special Regular Meeting to be held on Thursday, January 9, 1992, at 7:30 P.M. to discuss Land Develop- ment Regulations. The Mayor and Council wished everyone a Happy New Year. COUNCILMAN RUSSO Councilman Russo stated he was advised by Mr. Pasquarelli, Hunt Club Resident, of the expiration of the 90 -day time period for Pulte Home Corporation to complete the required improvements to the PUD. 1 CITY COUNCIL REGULAR MEETING, 1/2/92 The Assistant City Manager advised that a meeting has been scheduled for Friday, 1/3/92, with the City Forester and Code Enforcement staff, and that on Monday, 1/6/92, an on -site inspection will take place, with Pulte Homes cited if violations are found. COUNCILWOMAN MONROE Councilwoman Monroe requested clarification from William Brant, City Attorney, re: Councilwoman Monroe stated it was that nothing over $100 could be a person wanted to keep a gift over to pay the difference. Mr. Brant review the law and advise. the new gift law. her understanding --cepted, and if a $100, he would have stated he would COUNCILMAN KISELEWSKI Councilman Kiselewski stated the Manager of Tequesta has been talking about extending tri -rail to that area, but may not be aware of how involved the condem- nation process is. Councilman Kiselewski stated he would anticipate the tri -rail first running toward Pratt - Whitney. Councilman Kiselewski stated all Council members received copies of the Standard Housing Code and he would like it to be reviewed, in total, for adoption of a minimum standard. MUNICIPAL LEAGUE COMMUNICATIONS Mayor Martino stated the Council packet included a rather lengthy ordinance being considered by the 2 CITY COUNCIL REGULAR MEETING, 1/2/92 County for placement on a referendum in March, per- taining to issues concerning municipal government. Mayor Martino stated the Council may wish to place this issue on a future agenda for discussion. Mayor Martino stated 34 of the 38 local governments have passed a resolution to dissolve the Countywide Planning Council. COMMENTS FROM PUBLIC STEVE ENSINGER Mr. Ensinger, 3300 Meridian Way, South, asked if input had been received from the Fire Department, Fire Prevention Bureau, for the proposed project on parcel M -29A in PGA National. Rich Walton, Planning & Zoning -- Director, advised that an approval letter had been received from the Fire Chief. Mr. Ensinger expressed concern with the narrow streets and stated he would like to hear input by the Fire Department when the project is discussed. CONSENT AGENDA Councilman Kiselewski made a motion for adoption of the Consent Agenda, seconded by Vice Mayor Aldred. Councilman Russo requested Resolution 104, 1991, approval of PGA National Parcel M -29A PUD, be removed from the Consent Agenda. Councilman Kiselewski made a motion to amend his motion by removing item 3 from the Consent Agenda, seconded by Vice Mayor Aldred. 3 CITY COUNCIL REGULAR MEETING, 1/2/92 Per a unanimous vote of the City Council, the follow- ing items on the Consent Agenda were approved: 1. Approval of Minutes of Regular Meeting, 12/5/91 2. Approval of Minutes of Regular Meeting, 12/19/91 3. Resolution 115, 1991 - Site Plan approval for Great Western Bank located within PGA Plaza, at the corner of PGA Boulevard and Prosperity Farms Road Mayor Martino stated Resolution 104, 1991 would be placed first under Resolutions on the Agenda. ORDINANCE 35, 1991 Mayor Martino declared the Public Hearing open, which was advertised 12/18/91, and held on the intent of Ordinance 35, 1991, repealing section 37.13. of Chap- ter 37, Elections, Palm Beach Gardens Code and adopt- ing procedures to fill vacancies in a candidacy for the city Council. There being no comments from the public, Mayor Martino declared the Public Hearing closed. A discussion ensued regarding circumstances in which a qualified candidate would be removed from a ballot, and time requirements of the Ordinance. Per a consensus of the City Council, the Deputy City Clerk read, by title only, on second and final read- ing, ordinance 35, 1991. Councilman Kiselewski made a motion to adopt Ordinance 35, 1991, seconded by Vice Mayor Aldred. The motion was unanimously approved by the City Council. 4 CITY COUNCIL REGULAR MEETING, 1/2//92 .,RDINANCE 36, 1991 Mayor Martino declared the Public Hearing open, which was advertised 12/18/91, and held on the intent of Ordinance 36, 1991, amending Section 151.73, Part IV, of the Palm Beach Gardens Art in Public Places Code by repealing the first and second sentences contained in said section and replacing same with the right of waiver of the requirements contained in Section 151.71. There being no comments from the public, Mayor Martino declared the Public Hearing closed. Per a consensus of the City Council, the following amend- ments were made to Ordinance 36, 1991: 1. Section 1, first paragraph, last sentence of the proposed amendment, add "code requirements" after ~� "existing" and strike "Site Plan ". 2. Section 1, second paragraph, first sentence of the proposed amendment, insert "the owner" after "pro- bability of" and delete "by owner of" after "acquiring". 3. Section 1, third paragraph of the proposed amend- ment, combine with the fourth paragraph by adding "and" after "waived" and deleting "The City Coun- cil" on the next line. Per a consensus of the City Council, the Deputy City Clerk read, by title only, on second and final read- ing, Ordinance 36, 1991. Councilwoman Monroe made a motion to adopt Ordinance F CITY COUNCIL REGULAR MEETING, 1/2/92 �. 36, 1991, seconded by Vice Mayor Aldred. During discussion, Councilman Kiselewski expressed concern that the Ordinance, as written, would prohibit credits being given for new construction. After discussion, the City Attorney suggested repealing the first sen- tence only in Section 151.73, Part IV, and removing, from the title and body of the ordinance, any refer- ence to repealing the second sentence. After discussion, Councilwoman Monroe made a motion to amend the original motion to include the following modifications to Ordinance 36, 1991, seconded by Vice Mayor Aldred: 1. In the Title, fourth line, delete "and second" -� and, in the fifth line, make "sentences" singular, 2. Section 1, first sentence, delete "and second ", replace "are" with "is ", and replace "their" with "its". The motion was unanimously adopted by the City Coun- cil. RESOLUTION 104, 1991 The Assistant City Manager read into the record a memorandum dated 10/17/91 to Bristol Ellington, City Planner, from Scott Fetterman, Assistant Fire Mar- shall, regarding the proposed "Monterey Pointe" Planned Unit Development, parcel M -29A within PGA National, stating Fire Department's concerns had been satisfied. 10 CITY COUNCIL REGULAR MEETING, 1/2/92 A discussion ensued regarding the provisions of the "Contingency Grass Strip Paving Agreement ", attached to Resolution 104, 1991 as Exhibit "B ". Per a consen- sus of the City Council item 2.b. of said agreement was modified to read "A letter is issued by the City Manager, at the direction of the City Council, to the Developer that sets forth the existence of a traffic safety problem." Per a consensus of the City Council item 2.c. was deleted from the agreement. A discussion ensued regarding roadway width and the provision of the Agreement whereby the developer agreed to "fill in" portions of the grass strips between sidewalks and curbs should it become neces- sary. Councilwoman Monroe expressed concern that cars pull- ing off the road would park on the sidewalk. Councilman Kiselewski made a motion to adopt Resolu- tion 104, 1991, with the stated modifications, second- ed by Vice Mayor Aldred. Councilman Russo stated he believes the two foot grass area will be a maintenance problem, and hopes the petitioner will want to put in paver bricks. Councilwoman Monroe stated the City Council should either adhere to the City's established minimum stand- ards for roadway widths, or consider amending the 7 CITY COUNCIL REGULAR MEETING, 1/2/92 standards. Rich Walton, City Planner, advised the standards could be reviewed along with the Land Development Regula- tions. The motion was unanimously approved by the City Coun- cil. RESOLUTION 106, 1991 Rich Walton, Planning and Zoning Director, addressed the City Council regarding site plan construction of a Publix supermarket Gardens Square Shopping Center. Mr. Walton stated the petitioner sub: on Monday (12/30/91), with landscape Northlake Boulevard, as requested by approval for the in the Palm Beach pitted a site plan changes along Councilwoman Monroe. Mr. Walton stated the petitioner has advised they do not feel it is necessary to provide the re- quested signed authorization from Shoney's Restaurant, agreeing to the landscaping. Mr. Walton distributed copies of the original site plan approval for the shopping center to the City Council and advised that Mark Hendrickson, City Forester, indicated the pro- posed landscaping is less than originally required, and is nine trees short of meeting the current code. Vice Mayor Aldred asked if the petitioner met the time frame requirements for submittal of documentation prior to being placed on a City Council agenda. Mr. 9 CITY COUNCIL REGULAR MEETING, 1/2/92 Walton stated the latest plan, addressing Councilwoman Monroe's concerns, was submitted on Monday. A discussion ensued regarding project placement on Council agendas. In response to questions by Councilman Kiselewski, Mr. Walton stated Shoney's Restaurant is not part of this project, and the proposed landscaping along Northlake Boulevard does not meet current code requirements, but the rest of the landscaping does. In response to Councilman Kiselewski, the petitioner confirmed the Publix sign, on the building, will have white letters. Alan Strassler, authorized agent for the petitioner, addressed the City Council stating the landscaping originally approved for the project was never com- pletely installed, and the freeze damaged the land- scaping that was installed. Mr. Strassler stated the petitioner, at Councilwoman Monroe's request, has attempted to beautify the buff- er, although neither staff, nor the Planning and Zoning Commission, previously mentioned a problem with the buffer. Mr. Andrew Brock, contract purchaser, stated their plan to beautify the buffer would include adding more palms, clustering the existing ones, and berming the buffer. The berm would be supplemented with colorful 9 CITY COUNCIL REGULAR MEETING, 1/2/92 plants and hedges, along with annual plantings in winter and summer. Mr. Brock stated this plan is more beautiful and more expensive than the minimum required by Code, but if the Council preferred, landscaping would be installed to meet minimum Code requirements only. Mayor Martino stated the subject project is not being considered as a Planned Unit Development, and must be addressed through City codes and ordinances only. Mayor Martino stated if the Council is only requiring the petitioner to meet code, a signed authorization would not be needed from Shoneys. As requested by Mayor Martino, Mr. Brock stated, for the record, the buffer strip would be brought into compliance with City codes. It was the consensus of the City Council that if the petitioner wishes to seek relief from the Art in Public Places Ordinance, a separate request must be submitted, for evaluation by staff. Councilman Kiselewski stated he wants to make sure Resolution 106, 1991 has a stipulation that all appro- priate impact fees are part of the redevelopment. Mayor Martino stated this Resolution addresses a Site Plan approval which is subject to all codes and 10 CITY COUNCIL REGULAR MEETING, 1/2/92 ordinances of the City. A discussion ensued regarding the Art in Public Places Ordinance, specifically, credits given for landscaping and architectural improvements. Councilman Kiselewski made a motion to adopt Resolu- tion 106, 1991, seconded by Vice Mayor Aldred. Mayor Martino stated Mr. Brock has indicated he will make provisions on the documentation that the land- scaping will meet code. Councilwoman Monroe expressed concern with approving a site plan that does not meet code at the time of approval, and prior to staff review. In response to Councilman Russo, Mr. Walton stated staff has an owner's authorization on file. It was a consensus of the City Council that staff would need at least one week to review a petition requesting relief from the Art in Public Places Ordinance, with said petition including building, landscape and permit costs, drawings, and justifica- tion for credits requested. The motion was unanimously approved by the City Coun- cil. Councilwoman Monroe suggested staff consider imple- menting stamped sign -off procedures on plans, prior to review by the City Council. 11 CITY COUNCIL REGULAR MEETING, 1/2/92 SOLUTION 11 1992 Vice Mayor Aldred made a motion to adopt Resolution 1, 1992, appointing Jeni C. Hamilton and Jeffrey Blakely as Alternate Members to the Art Advisory Committee, seconded by Councilman Kiselewski. The motion was unanimously approved by the City Council. RESOLUTION 2, 1992 Councilman Russo made a motion to adopt Resolution 2, 1992, requesting the County of Palm Beach to remove Jog Road from the County's Thoroughfare Right -of -Way Protection Plan from Northlake Blvd. to Donald Ross Rd., seconded by Councilman Kiselewski. The motion was unanimously approved by the City Council. ORDINANCE 1,_ 1992 Per a unanimous vote of the City Council, the Deputy City Clerk read, on first reading, Ordinance 1, 1992, approving a 2 -year extension of time for completion of the Admiralty II PUD. ADJOURNMENT There being no further business to discuss, the meet - ng was adjo ned at 10:00 P.M. 7�-- APPROVALS MAYOR MARTINO VICE MAYOR ALDRED -� JEAN LONG, D;� , ITY CLERK 12 COUNCILWOMAN MONROE C` C NCI MP{N XISELEWSKI 3 r C'OUN� AN RUSSO