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HomeMy WebLinkAboutMinutes Council 040292CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS APRIL 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 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. P,ESENTATIONS J.D. Brown Mr. J.D. Brown, President of the Exchange Club of the Northern Palm Beaches presented the City Council with a check in the amount of $200.00 to be used for the Palm CALL FOR BIDS PRESS BOXES Beach Gardens Recreation Department. Councilwoman Monroe requested the Director of the Parks and Recreation Department report to the City Council what was most needed. The City Manager reported after reviewing the bids submitted for the construction of 6 press boxes at Gardens Park and 1 press box at Plant Drive, staff determined they were too high. The City Manager stated staff has CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/2/92 PAGE 2 recommended using in -house personnel to construct 3 press boxes at Gardens Park this year with available funds. The City Manager reported each press box would cost approximately $7,000; $10,000.00 coming from Recreation Account #62 -10, and $11,000 donated by the YAA. In response to Councilman Kiselewski, the City Manager stated the low bid for the 7 press boxes was originally $51,000, however the bid was re- adjusted $21,000 higher, bringing the bid to $72,000. After further discussion by the Council, Councilman Kiselewski made a motion to approve the recommendation of the City Manager for in -house staff to construct 3 press boxes at Gardens Park; seconded by Vice Mayor Russo. The motion was unanimously approved by the City Council. ITEMS BY THE CITY MANAGER Tennis Courts The City Manager stated after construction was commenced on the 4 easterly courts, tests were performed on core samples which indicated the area was unstable. The City Manager stated the cost of the resurfacing will be increased approximately $18,470 and recommended this work be performed to correct and prevent depressions. The City Manager stated the $27,490 would come from Council Contingency. Councilman Kiselewski expressed concern with the same problems occurring on the 4 westerly courts and Vice Mayor Russo suggested installing the Hydrogrid courts on the 4 easterly courts, as these are already torn up. CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/2/92 PAGE 3 After further discussion by the Council, Councilman Kiselewski made a motion to approve the recommendation of the City Manager and to obtain a cost analysis re: making the 4 easterly courts hydrogrid; seconded by Vice Mayor Russo. The motion was unanimously approved by the City Council. ANNUAL REVIEW OF INTERLOCAL AGREEMENT The City Manager stated this was an annual review of an Interlocal Agreement between the City and the Palm Beach County School Board for the use of each other's athletic facilities. Councilman Kiselewski questioned if anyone had spoken to the School Board re: promises made and not fulfilled. The City Manager stated the Interlocal Agreement was strictly for the use of facilities. Vice Mayor Russo expressed his concern that the School Board at least make the fields playable for the YAA. Councilwoman Monroe questioned how each party had benefited and if there were any plans for the future. Bobbie Herakovich, Director of Parks and Recreation, stated the Recreation Department will be using Dwyer High School and the Palm Beach Elementary School for the summer recreation programs and felt comfortable with the Interlocal Agreement. Councilman Kiselewski requested review of this agreement in another 4 months to determine if changes were needed. Councilwoman Monroe made a motion to uphold the Interlocal Agreement; seconded by Vice Mayor Russo. The motion was CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/2/92 PAGE 4 -- unanimously approved by the City Council. SUMMER RECREATION Bobbie Herakovich, Director of Parks and Recreation, addressed the City Council re: update on the summer recreation program. Mrs. Herakovich stated the programs have become crowded and this year will utilize the Riverside Community Center, Palm Beach Gardens Elementary and hopefully another school for the teen camp and special auxiliary programs. Mrs. Herakovich stated last year 700+ children were registered for the summer session and this year they are expecting approximately 770 to register. Mrs. Herakovich stated they will be offering 4 2 -week sessions this year, plus an extended camp program for early dropoff and late pickup, which will be an extra charge. Mrs. Herakovich discussed the different programs being offered for the various age groups and stated the Orlando trips will not be offered this year. Mrs. Herakovich discussed the cost comparison of area summer programs and the cost of the different options presented to the Council this evening. Mrs. Herakovich stated the City would subsidize 0% for Option A, with the program running approximately $408 per resident child; the City would subsidize 25% for Option B, with the program running approximately $308 per resident child; and, the City would subsidize 50% for Option C, with the program running approximately $204 per resident child. In response to -- Vice Mayor Russo, Mrs. Herakovich stated these proposals CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/2/92 PAGE 5 REPORTS BY MAYOR AND COUNCIL COUNCILMAN KISELEWSKI have not been presented to the Recreation Advisory Board. In response to Councilman Kiselewski, Mrs. Herakovich stated there would be a 2 week registration period for residents; and, at that time, should there be any openings remaining, registration would be open to non - residents. Mayor Martino stated he favored Option C because of the state of the economy at this time. After further discussion by the Council, Councilman Kiselewski made a motion to accept the recommendation of Option B, with the City subsidizing the summer recreation program in the amount of $60,706 from Council Contingency, (copy attached); seconded by Councilwoman Monroe. The motion was approved by a vote of 4 ayes and 1 nay. The nay vote was cast by Mayor Martino for reasons previously stated. Councilman Kiselewski reported he had spoken with Hank Skokowski who stated Jupiter had found discretionary funds in the DOT for landscaping and requested the City Manager look into this possibility as a way of supplementing the cost of landscaping along Military Trail. COUNCILWOMAN MONROE Councilwoman Monroe reported several weeks ago the Council received a memo re: having plans drawn up for Military Trail or getting a bid. The City Manager stated the City received an open bid from Hank Skokowski and from another firm to do work along Military Trail. Councilwoman Monroe CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/2/92 PAGE 6 VICE MAYOR RUSSO expressed concern re: streetscape plan. Councilwoman Monroe stated part of the landscaping along Alternate A- 1-A is undesirable. Councilwoman Monroe requested staff bring back to Council the streetscape plan to see if it is appropriate and if it is, have it adopted. Councilwoman Monroe stated she received a hand written note from The Kid's Place re: the soccer field Mr. Fallon and crew built for their team at PGA National and agreement to maintain the field for their exclusive use. Mrs. Herakovich assured the Council that the field was not for the exclusive use of this team. Councilwoman Monroe referenced the report from the City Manager re: Winn Dixie Shopping Center and requested staff work with Attorney Brant on what can be done and report back to Council. Councilwoman Monroe reported receiving a call from a Siena Oaks resident re: information hung on her door relating to receiving magazines and was concerned with information being left at the front of her house. Attorney Brant stated they cannot legally hang information on residents doors and will report back to Council with further information. Vice Mayor Russo reported meeting with Chief Frazier last week and discussed suggestions the Chief might have on different programs and the number of officers needed. In response to Vice Mayor Russo, Councilman Aldred stated CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/2/92 PAGE 7 suggestions for programs and additional officers is handled at budget time. Vice Mayor Russo requested staff bring the impact fee ordinance back to Council for consideration. COUNCILMAN ALDRED Councilman Aldred reported it was brought to his attention that the tennis membership group has been using the public COMMENT FROM THE PUBLIC TOM CELENTANO CONSENT AGENDA courts, leaving the public without a court to play on. Councilman Aldred requested the City administration look into this matter and cease such practice immediately. Councilman Aldred requested the City Council consider changing the City's Environmentally Sensitive Land Ordinance to prevent infrastructure, such as roads and utilities, from passing through environmentally sensitive lands if an alternative route is available. Councilwoman Monroe made a motion to direct staff to follow through with Councilman Aldred's proposal; seconded by Vice Mayor Russo. The motion was unanimously approved by the City Council. Tom Celentano, President of the Palm Beach Gardens Association addressed the City Council and discussed the different activities of the association. Councilwoman Monroe requested Item 16, Resolution 11, 1992, be pulled from the Consent Agenda. Councilwoman Monroe made a motion to adopt the following items on the Consent Agenda; seconded by Vice Mayor Russo. CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/2/92 PAGE 8 Per a unanimous vote of the City Council: 1. Approval of minutes from Regular Meeting, 3/19/92. 2. Proclaiming 1992 as "Year of the Vietnam Veteran ". 3. Proclaiming 4/5 - 11/92 as "National Library Week" and 4/24 - 26/92 as "Bookfest Weekend ". 4. Proclaiming 4/1 - 30/92 as "Month of the Young Child ". 5. Proclaiming 4/15/92 as "St. Jude Children's Research Hospital Day ". 7. Resolution 29, 1992 - Authorizing Mayor and City Clerk to execute an employment agreement between the City and the Palm Beach County Benevolent Association for police officers through the rank of sergeant for the fiscal year 1991 -92. 8. Resolution 30, 1992 - Approval of "Plat of Championship Drive and Championship Trace" created by Resolution 115, 1990. 9. Resolution 31, 1992 - Approval of "Plat of PGA Resort Community of Pinehurst at Eagleton ", Parcel M -30B, created by Resolution 115, 1990. 10. Resolution 32, 1992 - Requesting Governor and Legislators to give priority to fund educational needs for the future of all our children. The motion was unanimously approved by the City Council. RESOLUTIONS RESOLUTION 11. 1992 Councilman Kiselewski made a motion to adopt Resolution 11, 1992, minor amendment to Loehmann's Plaza PUD created by Ordinance 14, 1991, re: signage; seconded by Councilwoman Monroe. The motion was approved by 4 ayes. Mayor Martino was not in the room for the vote. RESOLUTION Councilman Kiselewski made a motion to insert the name of Michael Posner in Section 1 of Resolution 25, 1992, appointing a Regular Member to the Code Enforcement Board to fill the unexpired term of Patti Velasquez; seconded by Councilman Aldred. The motion was unanimously approved by -- the City Council. The Council directed Attorney Brant to CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/2/92 PAGE 9 �- meet with each new appointment on the Code Enforcement Board and relay the Council's intentions. RESOLUTION Councilwoman Monroe made a motion to insert the name of Diane Carlino in Section 1 of Resolution 26, 1992, appointing an Alternate Member to the Planning and Zoning Commission to fill the unexpired term of James Kuretski; seconded by Vice Mayor Russo. The motion was unanimously approved by the City Council. RESOLUTION Councilman Kiselewski stated the letter received by Council from the Arts Advisory Committee, expresses the Committee's intent that the art does not have to be displayed only outside of the building to be accepted. `f Councilman Kiselewski reported the Art Advisory Committee is going to include in the residents' newsletter the location of all art in public places for public information. Vice Mayor Russo expressed concern that the Council is telling the developer they must buy art and are now doing the project's interior decorating. Vice Mayor Russo stated he will vote for this Resolution because the Ordinance is on the books, however, requests the ordinance be brought back to Council to determine intent of the Ordinance. Councilwoman Monroe stated she was going to vote against the Resolution because she felt this was not the intent of the Ordinance. Councilman Kiselewski made a CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/2/92 PAGE a 10 motion to approve Resolution 27, 1992, approval of Art Project for Surgicenter PUD, approved by Ordinance 11, 1991; seconded by Councilman Aldred. The motion was approved by a vote of 4 ayes and 1 nay. Councilwoman Monroe cast the nay vote for reasons previously stated. Attorney Brant was directed to review the Ordinance and prepare language to embrace Councilwoman Monroe and Vice Mayor Russo's philosophy regarding the placement of the art. RESOLUTION 28. 199T— Charles Hathaway, Vice President of DiVosta and Company and Amy Harris of Palm Beach County Engineering, reviewed the Council's request at the last meeting to redesign the landscaping in front of the Gardens Square Shopping Center. Ms. Harris stated they will lose 1 parking space and did not take additional green space from the east corner. In response to Councilwoman Monroe, Mr. Hathaway stated they will lose 4 1/2 to 6 1/2 feet in some places of the parking lot. Councilwoman Monroe requested they relocate the existing trees on site instead of installing new ones. Mr. Hathaway stated the new trees will be of better quality than the existing ones. Ms. Harris stated no right -of -way is being taken at the most southern point and approximately 9 feet of green space will be left there, and almost 10 feet of green space at the most northern drive of the shopping center. In response to `~' Councilman Kiselewski, Mr. Hathaway stated they have not CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/2/92 PAGE 11 addressed a pedestrian path through the landscaping, however, they would look into it. Councilman Kiselewski made a motion to adopt Resolution 28, 1992, minor amendment to Gardens Lakes & Gardens Square Shoppes PUD, created by Ordinance 18, 1977, re: parking and landscaping; seconded by Councilman Aldred. Rich Walton, Director of Planning and Zoning, presented the Council with an interoffice memo from Mark Hendrickson, City Forester, citing 3 conditions the County must follow. Councilwoman Monroe stated she will not be voting for this Resolution, as she felt the islands could have been cut and saved 1 to 3 trees. Vice Mayor Russo stated he felt Mr. Hendrickson should have been here to address the issue and is not happy with the proposal and will vote against it. Vice Mayor Russo stated he felt more money could have been spent to have the center of the City preserved. Mayor Martino stated he felt the County is in the position to put back in place what is there today and does not feel the City is losing quality or integrity. Resolution 28, 1992 was approved by a vote of 3 ayes and 2 nays. Councilwoman Monroe and Vice Mayor Russo cast the nay votes for reasons previously stated. ORDINANCES ')INANCES ;fgTT-- Per a unanimous vote of the City Council, the City Clerk CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/2/92 PAGE 12 read, by title only, on first reading, Ordinance 7, 1992, Minimum Housing Code. REORDER AGENDA Councilman Kiselewski made a motion to reorder the Agenda to provide for Items for Discussion at this time and workshop Ordinances 5 and 7, 1992 if time permitted; seconded by Vice Mayor Russo. The motion was approved by a vote of 4 ayes, with Councilman Aldred not in the room at the time of the vote. ITEMS FOR NORTH COUNTY LIBRARY POLICY DIRECTION ON PCQ Rich Walton, Director of Planning and Zoning, addressed the City Council stating staff is concerned with the Master Plan of the North County Governmental Center re: concurrency. Mr. Walton stated Option 1 addresses the desire of the Planning and Zoning Commission. Mr. Walton stated the Commission expressed concern with the following items: 1) the Sheriff's substation being on the east side and suggested it be relocated to the other side of the site, below the DMV site; 2) the east /west road dead- - ending, suggested it connect through to Campus Drive; 3) the road to continue south to Fairchild Avenue. Mr. Walton stated the main difference between Option 1 and Option 2 was the north /south roadway. Mr. Walton stated the Planning and Zoning Commission was split 4 to 3 to not -- connect the regional library to the Master Plan. Mr. CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/2/92 PAGE 13 Walton stated the County has requested policy direction before finalization of the mylars. Mr. Walton stated Option 1 is the preference of the Planning and Zoning Commission. Audrey Wolfe, Director of Facility Planning, Designing and Construction of Palm Beach County, addressed the City Council and stated with the two options presented, they feel they have addressed all the issues raised by the Planning and Zoning Commission, except the connection between the library and the Master Plan. Ms. Wolfe stated the county does not have any difficulty accepting Option 1 at this time. Ms. Wolf stated there are two things she would like to add: 1) included in Option 1 they have agreed to resurfacing and adding curb and gutter to the median on the existing part of Fairchild Avenue; and 2) relocation of the 80' tower. Councilman Aldred made a motion to approve Option 1; seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. Mr. Walton stated he needed a specific discussion on the connection of the library to the Master Plan. Ms. Wolfe stated they have planned non - vehicular access from the library because of concerns re: cross - traffic from the campus going through the library. Ms. Wolfe stated the use of the library will not be the same people at the same time using the courthouse and the rest of the CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/2/92 PAGE 14 campus, and they prefer not using a shortcut through the library parking lot. Ms. Wolfe stated expansion will occur in Phase 3 of the Master Plan and at that time there will be an opportunity to re- evaluate this condition if it appears to be a problem. There was consensus of the City Council for the County to place a condition on itself, if in the future the road is necessary. In response to Councilman Kiselewski, Ms. Wolfe stated there are 60 parking spaces in Phase 1. PUD SITE PLAN Mayor Martino stated that since the PCD has not been approved, the library must be considered as a PUD. Mr. Walton stated the proposal for the PUD is to construct a regional library in 2 phases. The first phase will consist of a 24,000 sq. ft., 1 story building and phase 2 will consist of a 16,000 sq. ft. expansion. Mr. Walton stated the only entrance is proposed along the new roadway between Campus Drive and Fairchild Avenue extension. Mr. Walton stated staff would rather see this connect through the Master Plan. Mr. Walton stated the proposed parking spaces exceed code and there is no signage proposed at this time. However, Jack Hanson, Building Official, notes the location does not meet the 15' set back and the actual location of signage will return at a later date to be approved by separate resolution. Mr. Walton stated the traffic meets the County's standards, with the exception of Condition 4, which states that prior to CO, the County CTTY OF PALM BEACH GARDENS REGULAR MEETING, 4/2/92 PAGE 15 must show the road capacity. Mr. Walton stated the Planning and Zoning Commission recommended approval of this project with 11 conditions. Councilman Kiselewski stated he did not like the way Phase 2 will look. In response to Councilman Kiselewski, Ms. Wolfe stated they are not looking for complete approval at this time because on all libraries they have gone with Phase 1, and returned with Phase 2 at a later date. Ms. Wolfe stated the County is at more risk than the developer and are willing to assume the risk by agreeing to a condition to follow the County's Traffic Ordinance and will meet whatever is required at that time. Councilwoman Monroe and Councilman Kiselewski expressed concern with that attitude. Councilman Aldred expressed concern with the County being able to declare itself exempt with the City being put at risk re: traffic. Ms. Wolfe stated a Master Plan has been presented for this site and the County is requesting conceptual approval for the Master Plan and requesting development rights for the first phase of the library. Mayor Martino requested the County present all phases on this property. Sam Ferrari, Architect, stated the site plan includes phase 1 and 2, including the parking. Mr. Ferrari stated as far as the required parking by the City, Phase 1 meets requirements for both phases. Mr. Ferrari stated the traffic impact, whether you have the 24,000 sq. ft or CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/2/92 PAGE 16 .� 40,000 sq ft., trips generated will remain approximately the same. Mr. Ferrari stated the County has not presented the traffic study which includes Phase 2. In response to Mayor Martino, Mr. Walton stated the missing items are the other elevations and the traffic report for the PUD. Ms. Wolfe stated she can handle everything except for the traffic for both Phases of the library. There was a consensus of the City Council to include a condition stating that all of the traffic for the entire PCD should be limited to the current Traffic Performance Standards. As the County develops any particular piece, it will not matter because they are going to be limited by the overall traffic on that particular site. There was a consensus of the City Council for the County to provide a traffic analysis update. Ms. Wolfe stated the County does not have a problem with that condition. In response to Councilman Kiselewski, Ms. Wolfe stated there is not a schedule for the neighborhood libraries, however, the service areas have been identified in the County's Comprehensive Plan and there is a library planned for West Palm Beach Gardens. Ms. Wolfe stated there is no funding for neighborhood libraries at this time. Ms. Wolfe stated the library located at the corner of Northlake Blvd. and North Military Trail will be closed when the regional library is opened. Vice Mayor Russo made a motion directing staff to prepare CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/2/92 PAGE 17 �- documents for the PUD, deleting Condition 14, with a new traffic study, and schedule for first reading at the next Regular Council meeting; seconded by Councilman Aldred. Councilwoman Monroe stated she is going to vote against it to make the same point she has made all along that the location is undesirable. The County was directed to show all phases on the site plan and put an overlay to show Phase 1. this item will come back to Council when the traffic study is ready. The motion was approved by 4 ayes and 1 nay. The nay vote was cast by Councilwoman Monroe for reasons previously stated. Councilman Kiselewski made a motion directing staff to look into opting out of the local library tax as so structured and what kind of revenues it would produce for the City of Palm Beach Gardens; seconded by Councilwoman Monroe. The motion was unanimously approved by the City Council. NAME CHANGE FROM WEST P= DRIVE TO RIVERSIDE IVE There was a consensus of the City Council to approve the name change from West Park Drive to Riverside Drive in NorthCorp Centre. PROSPERITY CENTRE PUD Rich Walton, Director of Planning and Zoning, addressed the City Council stating the Petitioner is requesting to amend the PUD by deleting the 6,000 sq. ft. out - parcel CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/2/92 PAGE 18 restaurant and increasing the overall square footage of the retail center from 1071500 sq. ft. to 121,000 sq. ft. In addition, the petitioner is proposing to decrease the number of parking spaces from 591 to 579. Mr. Walton stated the Petitioner is proposing to use the shared parking analysis using the ULI methodology. Mr. Walton stated access to the site will be provided by PGA Blvd. and Prosperity Farms Road. Mr. Walton stated Mr. Getz has indicated the southwest entrance off Prosperity Farms Road to Floral Lane, designed as a northbound right -turn only entrance, will need channelization and signage to prevent the exiting of vehicles. Mr. Walton stated the approved materials will be used, however, the revised project will not be using the approved signage color. Mr. Walton stated the application for a signage program, including colors, will be filed subsequent to the City's action on the proposed PUD amendment. Mr. Walton stated the Petitioner is proposing minor modifications to the elevations of the building and will provide a color rendering. Mr. Walton stated Jack Hanson, Building Official, recommends that the 7 foot wall proposed along the east property line, adjacent to the dumpster /service area at the southeast corner of the site, be increased in height to assist in noise abatement for the neighboring residences and also recommended that the cross- access proposed between the subject property and the Fina Gas CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/2/92 PAGE 19 w Station be a written agreement in recordable form. Lawrence Smith, agent for Petitioner, addressed the City Council and reviewed the development plan explaining the difference in the proposed amendments and the original approval. Mr. Smith stated the condition in the original ordinance specifying lights on the east and south side be no greater than 6' to avoid light spilling over into the adjacent neighborhoods will be followed. Mr. Smith stated the Petitioner will not have a problem with the condition set forth by Mr. Getz. Tom Peters, Petitioner, addressed the City Council, stating this project will be built and construction when the project is 90% leased. Mr. Peters detailed the physical differences of this site plan and the previously approved plan. In response to Councilwoman Monroe, Mr. Stevens stated they will review previously approved elevations and incorporate use of the staggered effect on the roofs of the building. Jeff Blakley, Landscape Architect, addressed the City Council and presented the landscape plan, explaining the point system used for the site. Councilwoman Monroe expressed concern with the 9' wide strips between parking aisles which contained a grass strip and hedges. Mr. Smith stated neighbors from the adjacent residential area were in attendance. One resident, Mr. Woods, requested a wall be built before construction began. Mr. CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/2/92 PAGE 20 Smith stated there was a previous condition that no construction traffic enter on Kidd Lane and apparently there has been some. Mr. Peters has agreed to look into this problem. Mr. Peters committed to install the wall on the east side prior to construction. Councilman Kiselewski expressed concerned with backing out into the main parking lot thoroughfare from the proposed Sears building. Mr. Smith stated they will look at reconfiguring the 15 parking spaces in front of Sears. Councilman Kiselewski requested review of the sign package at the same time to maintain uniformity in the signage. In response to Mayor Martino, Mr. Peters stated the Art in Public Places will be located outside the shopping center in the southeast corner. Vice Mayor Russo stated this project is a little more intense that what he is comfortable with. Mrs. Woods, an adjacent resident, addressed the City Council and expressed concerned regarding higher lights being installed than previously approved. The Council assured Mrs. Woods the lighting would be the same as the original approval. Vice Mayor Russo made a motion directing staff to prepare the documents to approve the minor amendments to the PUD; seconded by Councilman Aldred. The motion was unanimously approved by the City Council. ITHCORP PCD Attorney Brant stated he and Mr. Walton have a difference CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/2/92 PAGE 21 ~- of opinion on whether the Comprehensive Plan needs to be amended to accommodate a proposal submitted for consideration. Attorney Brant stated when the PCD Ordinance was adopted, the Council allowed Industrial plus offices and established a list of categories that had constraints. Attorney Brant stated the Council allowed 5% gross product but absolutely no more than 10% and also set further constraints re: traffic by putting a maximum of daily trips and number of trips during peak hours. Attorney Brant stated his legal opinion was the City does not have to go through DCA, however, it is up to the Council for the ultimate decision. Mr. Walton stated he felt the remaining thread the City had to control what happened on this site was the land use plan and the land use that underlies the zoning. Mr. Walton felt if Council removed that, they might as well change the land use plan. Vice Mayor Russo expressed concern with the location of the building and the fact the traffic will be exiting on PGA Blvd. and felt it would be improper planning not to go through DCA. Mr. Walton stated his concern is with the intensity and what would happen with the project long term. Councilman Aldred made a motion not to go through the DCA; seconded by Councilman Kiselewski. Hank Skokowski, agent for Petitioner, addressed the City CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/2/92 PAGE 22 Council stating the intensity was not specified. Mr. Skokowski stated they are proposing an 85,000 sq. ft. office building. Mr. Skokowski stated they will be bound by the same traffic controls as the permitted uses in the PCD. Mr. Skokowski stated they would like the Council to consider an amendment to the PCD for the following uses: medical offices, all disciplines including, but not limited to, diagnostics imaging services, chemical lab testing, out - patient procedure services and physical and occupational therapy. Mr. Skokowski stated they have done a preliminary assessment of the 85,000 sq. ft. building and there are floating trips available throughout the site. The Petition does not intend to use all of the floating trips. Councilwoman Monroe stated she felt she would have to declare herself ineligible because of a conflict of interest, as she is on the Board of Directors of the Palm Beach Gardens Medical Center. Attorney Brant stated she could participate in the workshops, however, she should abstain when it comes to the actual voting and public hearings. The motion was approved with a vote of 3 ayes and 2 nays. The nay votes were cast by Councilwoman Monroe and Vice Mayor Russo for reasons previously stated.. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 12:30 P.M. CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/2/92 PAGE 23 APPROVAL Mayor Karti q' Vibe, t!!�or Russo Lida V . 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