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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