HomeMy WebLinkAboutMinutes Council 082092V'
CITY COUNCIL
REGULAR MEETING
- CITY OF PALM BEACH GARDENS
AUGUST 20, 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, Councilwoman Monroe and
Councilman Kiselewski.
ANNOUNCEMENTS The Mayor stated the announcements were as posted on the
Bulletin Boards.
CALL FOR BIDS The City Manager opened and read the following bids for an
Aerial Platform for use by the Palm Beach Gardens Fire
Department, as advertised August 5, 1992:
Simon -LTI, Ephrata, PA $538,097.00
Ten -8, Bradenton, FL 451,788.00
Sutphen, Amlin, OH $429,211.00
Fire and Safety Tech,
St. Petersburg, FL $454,156.00
Dowling Fire Equipment, Inc,
West Palm Beach, FL (Bid #1) $461,756.00
(Bid #2) $501,654.00
Councilman Kiselewski made a motion, seconded by
Councilwoman Monroe, to remand the bids to the City
Manager and Fire Chief for their evaluation and
recommendation. The motion was unanimously approved by
the City Council.
CITY COUNCIL REGULAR MEETING, 8/20/92 PAGE 2
lop 0wnu?AZF[0:41
CONCURRENCY MANAGEMENT
ADMINISTRATIVE
Lennart Lindahl, City Engineer, addressed the City Council
and reviewed the administrative procedures re: Concurrency
Management System. Mr. Lindahl recommended staff prepare
a public information sheet for citizens explaining what
the concurrency management system is, how it affects them
and what the process is. Mr. Lindahl reviewed how the
concurrency management system data base would work and the
generation of reports required to be submitted to the City
Council, DCA and the County. Mr. Lindahl recommended the
data base be built on the geographic information system.
w, Mr. Lindahl recommended amending #7 as follows: "A
statement from the disposal facility for solid wastes that
the proposed project will be served by the facility."
There was a consensus of the City Council to charge
$200.00 as an Application Fee, with staff returning to
Council in 6 months for review.
LDR'S Rich Walton, Director of Planning and Zoning, addressed
the City Council stating the zoning regulations of the
LDR's is scheduled to go before the Planning and Zoning
Commission for review and input. The regulations will
then come back to Council for workshop. Mr. Walton stated
staff recommended workshopping the Subdivision and Fill
and Excavation Elements after the Zoning is completed.
-,OG ROAD Mr. Walton stated an application has been received to
CITY COUNCIL REGULAR MEETING, 8/20/92 PAGE 3
I- amend the PGA National DRI, requesting the following
amendments: 1) Deletion of the condition requiring
demands for the right -of -way to Palm Beach County for the
use as a public thoroughfare known as Jog Road; 2) add a
condition which reduces the residential number of units by
1,500 from 6,900 originally approved to 5,400; and,
3) add a new condition which requires a revised Master
Plan to be submitted within 1 year. Mr. Walton felt the
amendments did not appear to constitute a substantial
deviation. The City Council must make the determination
at a public hearing whether these are substantial
deviations. Mr. Walton stated Council has been provided
with a proposed schedule for this application.
Mayor Martino stated this application does more than
remove Jog Road from the DRI, it is also a legal procedure
to delete ghost trips in this development.
There was a consensus of the Council to follow staff's
recommendation regarding the scheduling of this
application.
There was further discussion re: Chair Marcus' proposed
north /south alternate route to Jog Road.
Vince Pappalardo and Ed Ricci, both residents of Palm
Beach Gardens, addressed the Council expressing their
objections to the proposed alternate route, as the
proposed route is proposed to cut through the JDM Country
Club and Woodland Lakes.
CITY COUNCIL REGULAR MEETING, 8/20/92 PAGE
Councilman Kiselewski made a motion, seconded by Vice
Mayor Russo, authorizing the Mayor to write a letter to
the County Commissioners stating this alternate route is
inappropriate, not a viable solution, damages, destroys
and aggravates, rather than improves, the relationship
between the City and the County, and is totally
unacceptable. The motion was unanimously approved by the
City Council.
The City Manager stated more information is needed so
Council can justify whether the PGA DRI amendment is a
substantial deviation and the expense of gathering this
information will be borne by the Petitioner.
4
rOMPREHENSIVE LAND
PLAN
AMENDMENT MEETINGS Mr. Walton stated a schedule has been provided to the City
Council coordinating the Councils' vacation plans, as well
the consultant's schedule, for the Comprehensive Land Use
Plan amendment public input meetings.
There was a consensus of the City Council to go forward
with the proposed schedule and inform the public of the
meeting schedule.
IGNATIUS J. COSTA Mr. Costa, 5644 High Flyer Road East, addressed the City
Council stating he has filed a complaint with the City
Clerk's office in compliance with Florida Statutes 163 re:
procedures, Section 32.23(4) and Section 31.84(7) and the
City has 30 days in which to respond.
SKETBALL COURTS
x-LANT DRIVE The City Manager reported the basketball courts at Plant
CITY COUNCIL REGULAR MEETING, 8/20/92 PAGE 5
Drive Park are in bad condition and there are not enough
funds in the recreation budget, due to overruns for tennis
courts, press boxes and storage buildings, for repairs.
Per the City Manager's recommendation, Councilman
Kiselewski made a motion, seconded by Councilwoman Monroe,
authorizing the City Manager to transfer $11,540 from
Council Contingency, to provide the necessary resurfacing
for the Plant Drive Park basketball courts. The majority
of this funding will be used under an existing County
contract for paving, making it unnecessary to go out for
bids. The motion was unanimously approved by the City
Council.
In response to Councilwoman Monroe, the City Manager
stated the PBGYAA was to help with the press boxes,
however, they ran into problems and were unable to provide
any funds.
ITEMS BY MAYOR
AND COUNCIL
MAYOR MARTINO Mayor Martino requested direction from the Council re:
scheduling workshops. Mayor Martino stated he will not
sign amended documents until there is a dated sufficiency
seal from the City Clerks office and a dated legal
sufficiency seal on the documents. Mayor Martino stated
when there is a full council the scheduling of workshops
can be discussed further.
COUNCILWOMAN
NROE Councilwoman Monroe expressed concern that the tennis
CITY COUNCIL REGULAR MEETING, 8/20/92 PAGE 6
courts at the high school are not lit and remain locked.
Councilwoman Monroe stated she spoke with Agustin
Hernandez of the Palm Beach County School Board and he
stated he would look into the problem, however, she has
left 3 messages which have not been returned.
Councilwoman Monroe suggested, if the School Board is
using the City's facilities, they should be reminded there
is an agreement between the City and the School Board for
reciprocal uses. Councilwoman Monroe made a motion to
advise the City Manager to remind the School Board and
administrative personnel regarding the Interlocal
Agreement and to determine the reciprocity based on the
action; to look into relocating the chain link fence at
the high school, building a sidewalk along Shady Lakes;
and the parking lot to be repaved, as promised; seconded
by Councilman Kiselewski.
Councilman Kiselewski stated he felt the motion should
also include that the City was told, as part of the
agreement, all of these things would occur and request a
date when these items will be completed. The motion was
unanimously approved by the City Council.
Councilwoman Monroe requested an update re: landscaping
along Military Trail.
Councilwoman Monroe made a motion for the City Council to
revisit the salary Ordinance; seconded by Councilman
Kiselewski.
CITY COUNCIL REGULAR MEETING, 8/20/92 PAGE 7
Attorney Brant stated he would prepare a Ordinance for the
September 3, 1992 Regular Meeting with $100 a month more
for the Mayor.
The motion was unanimously approved by the City Council.
COUNCILMAN
KISELEWM Councilman Kiselewski reported the MPO met today and
stated the Indiantown Road Bridge and the Donald Ross Road
Bridge are still being manipulated by the District 1
Commissioner. Councilman Kiselewski reported the MPO is
requesting the County use 1/2 cent gas tax and implement a
grid bus system.
MUNICIPAL LEAGUE Mayor Martino reported the Municipal League will hold a
CONSENT AGENDA
PUBLIC HEARINGS
forum at Juno Beach City Hall, August 26, 1992 at 7:00
P.M. with the District 1 Commission candidates.
Councilman Kiselewski made a motion, seconded by
Councilwoman Monroe, to approved the following items on
the Consent Agenda:
1. Minutes from City Council Workshop Meeting of 8/4/92.
2. Minutes from City Council Regular Meeting of 8/6/92.
3.
Resolution
62, 1992 - Approving the Contract for the
Employment
of a Tennis Pro.
4.
Resolution
66, 1992 - Approving Plat of Augusta
Pointe at Eagleton
PUD, created by Resolution 115,
1992.
5.
Resolution
67, 1992 - Approving Plat of Monterey
Pointe PUD,
created by Resolution 104, 1992.
6.
Resolution
72, 1992 - Approving Administrative
Procedures
for Concurrency Management.
The
motion was unanimously
approved by the City Council.
ORDINANCE
1992 Mayor Martino declared the Public Hearing open, which was
CITY COUNCIL REGULAR MEETING, 8/20/92 PAGE
held on the intent of Ordinance 19, 1992, amending
Ordinance 27, 1989, which ratified and confirmed the
Agreement between Waste Management, Inc. of Florida and
8
the City of Palm Beach Gardens, for the pickup and hauling
of refuse within the territorial limits of the City by
establishing a "green route" service in accordance with
the requirement of the State of Florida, and was duly
advertised 8/5/92. There being no comments from the
public, Mayor Martino declared the Public Hearing closed.
Per a consensus of the City Council the City Clerk read,
on second and final reading, Ordinance 19, 1992.
Councilman Kiselewski made a motion, seconded by Vice
Mayor Russo, to adopt Ordinance 19, 1992. The motion was
unanimously approved by the City Council.
RESOLUTIONS
RESOLUTION
2. Councilman Kiselewski made a motion, seconded by
Councilwoman Monroe, reappointing Selena Oxnevad and David
Porter as regular members to the Art Advisory Committee of
the City of Palm Beach Gardens. The motion was
unanimously approved by the City Council.
RESOLUTION
Rich Walton addressed the City Council stating Resolution
64, 1992 is a request to amend Resolution 115, 1990, which
created the Planned Unit Developments on Parcels M -30 A, B
& C in PGA National Resort Community, by changing planting
and wall areas. Mr. Walton stated the Petitioner is
CITY COUNCIL REGULAR MEETING, 8/24/92 PAGE 9
I- requesting to amend the amenity feature approved within
the traffic rotary at the intersection of Championship
Drive and Championship Trace. The approved plans identify
a fountain within the rotary and the Petitioner is
requesting to amend the PUD to allow for the area to be
landscaped. As directed by the City Council, the
Petitioner has forwarded certified letters to each
landowner notifying the residents that the City Council
will consider this amendment at its' August 20, 1992
meeting. Included in the letter was a ballot for the
landowner to vote in favor or not in favor of the
amendment, to be returned to the City Clerk's office. Mr.
Walton stated of the 45 certified letters mailed, 38 have
signed the return receipt card. Mr. Walton stated 2
letters were returned after the residents received the
second notification from the Post Office and 4 of the 5
international letters were returned undeliverable. Of the
38 residents who received their letters, 24 returned
ballots to the City. Of the 24 returned ballots, 18 are
in favor of the modification, 2 have no opinion, 1 is no
longer a resident and 4 are not in favor of the
modification. Mr. Walton stated the PGA Property Owner's
Association has reviewed and approved the request.
Hank Skokowski, agent for Petitioner, addressed the City
Council and stated the Petitioner will hold the City
harmless and if any action ensues surrounding this
CITY COUNCIL REGULAR MEETING, 8/20/92 PAGE 10
~' amendment Petitioner agrees to indemnify the City, and
will provide a letter stating same to the City.
Councilman Kiselewski made a motion, seconded by Vice
Mayor Russo, to approve Resolution 64, 1992.
Per a consensus of the City Council, Section 3 was amended
as follows: "This Resolution shall be effective upon
submission in writing by the Petitioner agreeing to
indemnify and hold the City of Palm Beach Gardens harmless
including attorneys' fees and court costs and any damages
it might ensue from any action herein."
The motion was unanimously approved by the City Council.
RESOLUTION
Rich Walton addressed the City Council stating the
Petitioner is requesting a minor amendment to Parcel 18,
at the BallenIsles Country Club to modify the side
interior setback from 10' to 7.5' Mr. Walton stated the
City Forester, Building Official and Fire Department have
reviewed the Petition for code compliance and have no
concerns.
Hank Skokowski, agent for Petitioner, addressed the City
Council stating there is no change in the planned density
of 2.5 dwelling units per acre.
Councilman Kiselewski made a motion, seconded by
Councilwoman Monroe, to approve Resolution 68, 1992. The
motion was unanimously approved by the City Council.
RESOLUTION
f 1992 Mr. Walton addressed the City Council regarding the
CITY COUNCIL REGULAR MEETING, 8/20/92
PAGE 11
Petitioner's request to allow for the construction of
entry signage and modifications to the streetscape for
Parcel 4 (Windward Cove), approved by Resolution 89, 1992,
of the BallenIsles County Club. Mr. Walton stated
although the approved master plan indicates the entry
signage will be placed in the entry median, no signage
plans were approved. Mr. Walton stated the petitioner is
proposing to construct a 22' long and 1118" high sign with
3 fountains, a trellis and 2 planters. The entry sign is
proposed to be set back 5' from the Ballenlsles Drive
right -of -way and the Windward Cove Homeowner's Association
will maintain the entry signage. Mr. Walton stated the
petitioner is proposing to remove the approved special
paving features around the project's rotary and traffic
island. Mr. Walton stated on the traffic rotary, the
petitioner is proposing to reduce the size of the approved
fountain feature and add a 3' high berm and landscaping.
The Petitioner is proposing a change in the approved
landscaping and the addition of a gazebo on the traffic
island. Mr. Walton stated Jack Hanson, Building Official,
has indicated the proposed sign is 7' longer and 118"
higher than what is permitted by the City's Sign Code.
Mr. Hanson also indicated that the Sign Code requires a
15' sign setback, however, the proposed sign is proposed
to be set back 5' from the right -of -way. Mr. Walton
stated Mr. Hanson recommended approval of this petition
CITY COUNCIL REGULAR MEETING, 8/20/92 PAGE 12
~- with the 5' setback. Mr. Walton stated Mark Hendrickson,
City Forester, reviewed the petition and had no comments.
Mr. Walton stated the Petitioner has indicated the
Windward Cove Homeowner's Association and the Ballenlsles
Country Club New Construction Committee has approved the
proposed entry feature.
Krent Wieland, Landscape Architect, addressed the City
Council reviewing the site plan and proposed placement of
the entry feature and signage.
Councilwoman Monroe expressed concern with having the sign
package come back after the PUD has been approved.
Hank Skokowski, agent for Petitioner, addressed the City
Council stating the original site plan included the sign
location. Mr. Skokowski stated this proposal is not just
a sign, but an entry feature and statement.
Mr. Wieland stated by eliminating the paving brick
feature, the monies would be invested in additional
landscaping around the fountain feature and on the north
end of the project. Mr. Wieland stated that the
landscaping would be increased 40 to 50 %.
Mr. Wieland reviewed the entry feature elevations and
provided the Council with the colors and materials for the
sign.
Councilman Kiselewski made a motion, seconded by
Councilwoman Monroe, to approve Resolution 69, 1992, as
long as the City Engineer signs off on the proposed entry
CITY COUNCIL REGULAR MEETING, 8/20/92 PAGE 13
feature.
In response to Vice Mayor Russo, Nader Salour stated 8
lots have been sold in this development.
Mayor Martino stated there was a consensus of the Council
to approve this Resolution, provided the Petitioner
obtains the City Engineer's signoff on the entry feature,
the Petitioner obtaining signoff from the 8 property
owners stating they have no objection to this
modification, and amending Section 3 in Resolution 69,
1992, as follows: "This Resolution shall be effective upon
submission in writing by the Petitioner agreeing to
indemnify and hold the City of Palm Beach Gardens
harmless, including attorneys' fees and court costs and
any damages it might ensue from any action herein. ".
Resolution 691 1992 will be scheduled for the Consent
Agenda at the September 3, 1992, Regular Meeting.
Larry Rockland of Windward Cove, Inc., addressed the
Council stating none of the homeowners have been shown a
site plan with any paving or landscaping. They have only
been shown the recorded plat.
RESOLUTION
70, 1992 Mr. Walton stated the Petitioner is requesting approval
from the Council to allow the construction of entry
signage and accompanying landscaping for Parcel 5A
(Emerald Key). Mr. Walton stated the PUD approved by
Resolution 89, 1989, did not include any entry signage
1-' plans, however, the approved site plan indicated the sign
CITY COUNCIL REGULAR MEETING, 8/20/92 PAGE 14
-- would be located on the southwest corner of Emerald Key
Drive and BallenIsles Drive. Mr. Walton stated the
Petitioner is proposing to move the sign location to the
northwest corner of the intersection. The proposed sign
is 7' high and 1514" long. Building Official, Jack
Hanson, recommended approval of the petition, however,
noted the sign is 4" longer than what is allowed under the
City's Sign Code. Mark Hendrickson has reviewed this
petition for Code compliance and expressed no concerns.
Mr. Walton stated the proposed entry feature has been
approved by the Emerald Key Homeowner's Association and
the BallenIsles Country Club New Construction Committee.
Mr. Walton stated the colors and color #'s need to be
placed on the site plan.
Councilman Kiselewski made a motion, seconded by Vice
Mayor Russo, to approve Resolution 70, 1992. The motion
was unanimously approved by the City Council.
RESOLUTION
71, 1992 Mr. Walton stated the Petitioner is requesting to amend
the PUD approved for Parcel 11 at BallenIsles Country Club
from 61 zero -lot -line homesites to 45 custom single -
family detached homesites. Mr. Walton stated the proposed
PUD reduces in size from 20.42 acres to 17.20 acres with a
density of 2.6 dwelling units per acres, in order to
create a water feature within the parcel. The typical lot
size proposed is increased from 60' wide and 140' deep to
~-~ 80' wide and 140' deep. Mr. Walton stated the Petitioner
CITY COUNCIL REGULAR MEETING, 8/20/92 PAGE 15
also proposes amending building setbacks. Mr. Walton
stated the Planning and Zoning Commission recommended the
interior side setback remain at 10' rather than the
proposed 7.51. Mr. Walton stated Agustin Hernandez of the
School Board, indicated in his letter of 7/13/92, the
School Board had discussed the need for the construction
of a interim sidewalk along PGA Boulevard, between the
entrance to the BallenIsles Community and Central
Boulevard, for students who reside in the development to
walk to Watson B. Duncan Middle School and Timber Trace
Elementary. Mr. Walton stated the Planing and Zoning
Commission did not recommend a condition requiring the
construction of a interim sidewalk.
After further discussion, there was a consensus of the
City Council to amend the interior side setback from 10'
to 7.5'.
Councilman Kiselewski made a motion, seconded by Vice
Mayor Russo, to approve Resolution 71, 1992, as amended.
The motion was unanimously approved by the City Council.
ORDINANCES
ORDINANCE
20, 1992 Mr. Walton stated Ordinance 20, 1992, amends Ordinance 30,
1989, which created "Lake Catherine" PUD, by approving an
electronically- operated gate system immediately east of
the intersection of Lake Catherine Drive and Silverthorne
Road. Mr. Walton stated the Council requested that when
the gate system is broken, the gates must remain open
CITY COUNCIL REGULAR MEETING, 8/20/92
PAGE 16
until the system is repaired. The Council also questioned
whether the gate system will have a crank to manually open
the gates. The Petitioner indicated the homeowner
associations agreed to keep the gates in an open position
if the gate is broken, however, the gates will not have a
crank to manually open the gates. The Petitioner believed
it would be inappropriate to have a crank system since the
gate opening devises are located on the opposite side of
each gate from the affected traffic. The Petitioner felt
that a motorist approaching a gate which failed to open
could not exit his vehicle and reach through the gate to
operate the crank. The City Council was concerned with
the proposed pedestrian gate being padlocked. The
Petitioner indicated he would like to further address this
issue with the City Council. The site plan still
indicated the pedestrian gate would be padlocked. The
Council raised concern with the stacking distance and
turn - around on either side of the gate. The site plan had
not been revised to reflect the Council's turn - around
concerns. The Petitioner felt that a two -point turn could
easily be accommodated by the present pavement. The
petitioner also believed that, if necessary, a vehicle
could ride over the mountable curb, gutter and grass
adjacent to the pavement.
William Shannon, Petitioner, addressed the City Council
reiterating their reasoning for not providing a crank
CITY COUNCIL REGULAR MEETING, 8/20/92 PAGE 17
should the gate be broken. Mr. Shannon stated the gates
will remain in a open position, should they be broken.
There was a consensus of the Council to have a condition
stating that if the gates fail, they will remain in an
open fashion until repair is made. Staff was directed to
obtain a letter from the City Engineer stating he did not
have any problems with this condition.
Mr. Shannon stated the representatives of Sun Terrace
would like the Council to reconsider the possibility of
locking the gate and would like to address the Council at
the Public Hearing. Mayor Martino stated the Council will
be happy to listen to the concerns of the homeowners at
the Public Hearing.
Mr. Shannon stated the association would be responsible
for the upkeep of the grass at the turnaround.
Staff was directed by Council to obtain comments from the
City Engineer regarding sufficient area for the turnaround
before the Public Hearing.
Mr. Shannon stated he will obtain criteria on the gate
system to determine if the gates are easy to push open.
ITEMS FOR
DISCUSSMN
GOLF ESTATE VILLAS
PUD TIME EXTENSION Mr. Walton stated the PUD for Golf Estate Villas expired
6/1/92 and the Petitioner has requested a one year time
extension. The original approval by Ordinance 5, 1989,
granted the development of 14, two -story residential
CITY COUNCIL REGULAR MEETING, 8/20/92 PAGE 18
townhouses, grouped as an eight -plex unit. Mr. Walton
stated Mr. Getz has reviewed the petition and has verified
this project will not generate more than 1,000 average
daily trips and recommended a traffic study not be
required. Mr. Walton stated the Planning and Zoning
commission recommended approval of the petition with four
conditions.
There was a consensus of the City council directing the
City Attorney to prepare an Ordinance granting a one year
time extension for this PUD for first reading at the
meeting of September 3, 1992.
EXTENSION OF TIME
ONS Attorney Brant requested clarification from the City
Council regarding their meaning of "a completed project"
as it relates to Petitioners needing to file a application
for an extension of time for PUD's.
After further discussion, there was a consensus of the
Council the Petitioners should petition to come before the
Council on a case by case basis for determination by the
Council.
NORTHCORP PCD
MEDICAL USE Mr. Walton stated the outstanding item not supplied by the
Petitioner was the traffic report. Mr. Walton stated
staff held a lengthy meeting with the Petitioner, his
traffic engineer, the bank, the bank's engineer, Kahart
Pinder, David Getz and a representative of Urban Design.
Mr. Walton Petitioner was informed they needed to see a
CITY COUNCIL REGULAR MEETING, 8/20/92 PAGE 19
resolution to a problem that would be increased by
expansion of a PUD on the north end that took 2/3 of the
floating trips.
Councilman Kiselewski expressed concern that staff is
requiring Petitioner to solve problems with traffic when
this was not a condition of the approval.
Councilwoman Monroe recommended obtaining a written
statement from whoever has determined that the
circumstances have changed regarding traffic.
Mayor Martino stated off -site circulation needed to be
addressed before he would consider approval.
Hank Skokowski, agent for Petitioner, addressed the City
Council stating he apologized for the breakdown in
communication as they believed a report submitted to staff
addressed the redistribution of traffic, however, it did
not. Mr. Skokowski stated they have readdressed that
report and resubmitted it to staff. Mr. Skokowski
reviewed the events pertaining to this application leading
to tonight's discussion. Mr. Skokowski read into the
record a letter from Joe Pollock to Catalfumo Companies
clarifying what Mr. Pollock believed Catalfumo Companies
obligation was. Mr. Skokowski stated it is their opinion
the PCD Ordinance, as structured, allows them to propose
the intensity of development on Lot 1. Mr. Skokowski
stated they have the ability, today, to build a 12 story
office building on this property. Mr. Skokowski stated
CITY COUNCIL REGULAR MEETING, 8/20/92 PAGE 20
-—, they have asked Council to consider the need for medical
uses and the appropriateness of this site as a mixed use
facility for those medical uses. Mr. Skokowski stated
they may need to work a little harder in participating in
this project and help resolve some of the City's pre-
existing problems. Mr. Skokowski stated they are prepared
to dedicate the right -of -way within the RCA Boulevard PUD
as part of the condition of approval to give the City the
options to provide for the north /south corridor. Mr.
Skokowski stated the Petitioner did not have any problems
with the conditions proposed by staff.
The City Manager stated staff needed a list of everything
that will be done in this PUD.
Vice Mayor Russo stated he is not, and has not, been sold
on having a medical use on this site.
Councilman Kiselewski made a motion to instruct the City
Attorney to start the paperwork that the Council will
consider a medical facility on this particular piece of
property.
The motion died for lack of a second.
Mayor Martino stated if Attorney Brant and Mr. Walton have
a problem with this petition, then he had a problem.
Mayor Martino stated he wanted the circulation problem
resolved to the best of everyone's ability. Mayor Martino
felt Mr. Pollock's letter was a little general. Mayor
Martino stated if these items were resolved, then he would
CITY COUNCIL REGULAR MEETING, 8/20/92 PAGE 21
not have a problem with the medical use.
Attorney Brant stated the Council has the prerogative of
attaching conditions to move forward, but legally, there
is a point in time you either move if forward or kill it.
Any landowner is entitled to a decision of this Council
and normally how it has been done in the past is to move
forward with an Ordinance and either vote aye or nay on
it. That's the sole issue before the Council, not this
particular site, but a medical use for the entire PCD.
Vice Mayor Russo stated he did not think the use belonged
in the PCD and felt nothing had changed since the last
meeting.
Councilwoman Monroe stated her comments are the same as
they were at the last meeting.
Mr. Skokowski requested to be placed on the agenda for the
9/3/92 Regular Meeting under Items for Discussion.
Mayor Martino requested Attorney Brant and Mr. Walton
clear up vagueness in the language concerning the uses and
specificity.
RESOLUTION
58, 1992 Attorney Brant stated Resolution 58, 1992, Palm Bach
Gardens Business Park, needed clarification as to
Condition 14, on page 3. Attorney Brant stated the
Council orally amended the Resolution and created
Condition 18. There is conflict and it is being brought
back to Council for clarification. The tape did not say
to strike Condition 14 when Condition 18 was created.
CITY COUNCIL REGULAR MEETING, 8/20/92 PAGE 22
Councilwoman Monroe questioned if this affected the rear
landscaping and if Condition 14 is struck, will that
relieve the Petitioner of some responsibilities of
mandatory landscaping.
Councilwoman Monroe made a motion, seconded by Vice Mayor
Russo, to reconsider Resolution 58, 1992 for landscape
Conditions 14 and 18 only, for clarification. Steve
Mathison is to be notified this issue will be heard at the
September 3, 1992 Regular Meeting. The motion was
unanimously approved by the Council.
60 DAY
STATUTORY LIMIT Councilwoman Monroe stated at the last meeting Council had
directed Attorney Brant to provide a memo regarding the 60
.� day time frame re: DRI statute.
Attorney Brant stated he has not provided the memo as of
yet, however, he has had input from Paul Bradshaw. There
are no cases on the point where DCA has ordered a writ of
mandamus be issued and force the point. Attorney Brant
stated the statute is on the books and is a basis for
objection and appeal and court action.
POLICE CHIEF
TERVIEWS In response to Vice Mayor Russo, the City Manager stated
the Police Chief Interview meeting starts at 6:00 P.M.,
Tuesday, August 25, 1992.
ADJOURNMENT There being no further business to discuss, the meeting
was adjourned at 12:36 A.M.
CITY COUNCIL REGULAR MEETING, 8/20/92
PAGE 23
4
APPROVAL
MAY IINO ✓�4 COUNCILWOMAN MONROE
RUSSO CO(NCflll /KISELEWSKI
��. Y1,
V L*DA V. KOSIER
CITY CLERK
G.T. KELLY GENERAL CONTRACTORS, INC.
Awt4bac&on W !'eireb)1irrt�nf
2562 W INDLANTOU N ROAD, SUITE BB JUPITER, FLORIDA 33458
J t_t 1 y 27. 1'x'3_-`
Mrs. Linda Monroe
4431 Althea
Palm Feach Gardens, FL 33410
RE: BURNS ROAD ASSOCIATES
Dear Mrs. Monroe:
TELEPHONE 14071 747 -2770
In response to your questions on or_tr proposed landscape plan,
I have the following information f+,+r yol -i:
The myrsl.ne noteH the plan is a native plant similar to
plttc +spor'mn. It +ccurs wild in the area and Mr. DiaF ely
advises me that it can attain a considerable height. l have
included a picti_tre for y3,Ltr review.
The seeding ' - +f -'I_(r sec =ind j?h cl5e la�,d Wlli C == -�yt iT+f rIw
following:
A ml • t ?; re _ pensac'Wi11i;1 n5hla at -eed Pe- ac r c-
pi+_ts Jar' -�;�- m111. =± at 1(lt,; p�!i_lnds l�' c"tCr2. T!-1 =r=ES= is
=_pread with wF '_# ['ol.inds 3 iert1112 =r E. °C°C
and •ne half t'_.nw +2T hay ptir 3cre. ml r'_'11�
int o t`c sill and ty'picall, prod'_-cs,c :er � -ld yr•r _ u
coverage startirr qrciwth with .n five
As to yoi_tr concern over the "park lil e" settlriq larg�'age in
the code, I hope that y+_,i_ir researci' will reveal trIat this is
somewhat flowery language descriptive perhaps of very large
parcels ,_f land. I do n+it believe .tii =t thi= .er ,.)
s ubjective -tandard h -a, beery applis4 t:' any _f the a4)acent
devel._,pment in the Fl.r-nw .._'ad M -1 z_ +ning.
that 'Jl Linn tC3e iimitaticns --if oi_ir -1 t_ 'w'e
�r
prcivide_, a great deal :if planting and have attempted in all
respects to meet the spirit of the s�tb jectivi~ language while
we exceed all of the cibjective standards in the code.
Mr. Lima Monroe
July 27, 1992
Page Two
Thanking you again for your time and assistance, I remain
Yours Truly,
Gec,rge T. Melly, IV
Burns Rc,ad Associates
GTM /sa
cc: Steve Mathison