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HomeMy WebLinkAboutMinutes P&Z 081192CITY OF PALM BEACH GARDENS •_ PLANNING AND ZONING COMMISSION AUGUST 11, 1992 MINUTES The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach Gardens, Florida, was called to order by Chairman Jeffrey Ornstein at 7:30 P.M., in the Assembly Room at the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida and opened with the Pledge of Allegiance to the Flag. The roll was called by the secretary and present were: Chairman Jeffrey Ornstein, Vice Chairman Mike Rosen, Alan Strassler, Carl Sabatello, Members; Dan Shalloway, Alternate Members. Joseph Hamzy, Domenick Lioce, James Leatherman, Members; and Diane Carlino, Alternate Member; were not in attendance. ITEMS BY PLANNING AND ZONING DIRECTOR Mr. Bristol S. Ellington, City Planner, said staff had met with the petitioners of the RCA g tY P Boulevard Center PUD application to discuss the proposed north /south road between RCA Boulevard and PGA Boulevard. He said staff directed the petitioner to conduct a study on a proposed alignment for the north /south road. Mr. Ellington said the study should indicate the number of lanes and right -of -way needed. The study should also indicate whether the proposed road will alleviate traffic within the NorthCorp PCD and whether the proposed intersection will work and is legal. SITE PLAN AND APPEARANCE REVIEW COMMITTEE SP -92 -05 - Recommendation to City Council re: (Seacoast Utility Authority) Site Plan Approval for the construction of a raw water storage tank, transfer pumps, high service pumps, a chlorine building and a motor control building. Located west of Interstate 95 and north of Lilac Street (12- 42S -42E) • N PLANNING AND ZONING COMMISSION • WORKSHOP: Z -92 -02 - Rezoning a 9.7 -acre tract from the zoning designation of Residential Medium, RM, to the zoning designation of Government Use, GU. Located west of Interstate 95 and north of Lilac Street. (12- 42S -42E) The Commission agreed to discuss the two petitions simultaneously. Mr. Ellington reviewed the August 6, 1992 staff report on the above - referenced petition. He said that Mr. Rim Bishop, executive director of Seacoast Utility Authority, has agreed to the staff recommendation for the 15 -foot setback from the site property line, which is adjacent to a duplex. The proposed Motor Control Center building is proposed to be 14'8" from the property line, he added. At the August 7, 1992 Development Review Committee, City Forester Mark Hendrickson recommended that landscaping be extended along Interstate 95 and Lilac Street. • Mr. Bishop, the petitioner, stated that the utility is phasing out its older plants, such as the Lilac Street plant. He added they will no longer treat water, but pump raw water to the Hood Road Treatment Plant. Mr. Mike Rosen asked what happens to the old facility. Mr. Bishop said there are no definite plans for the site. He said the buildings may be used for storage. If not, the Utility will discuss with the City the future use for the site. Mr. Alan Strassler asked why one of the proposed buildings is to be constructed of metal and the other is to be constructed on concrete block. Mr. Lyle Munce, consulting engineer for the petitioner, the Motor Control Center will be constructed of concrete block and stucco. This building will be staffed, he added. The chlorination building, which will not be staffed, will be made of metal and allow ventilation, • Mr. Munce said. i Mr. Rosen asked why the chlorination building could not be ventilated by block. Mr. Munce said it could but it would be more expensive than metal construction. Chairman Ornstein suggested placing landscaping in front of the chlorination building. Mr. Bishop said he can change the metal building construction to concrete block and add landscaping. Chairman Ornstein asked if the Commission had any objection to setting this petition for a Public Hearing. The Commission did not object. Chairman Ornstein directed staff to advertise this petition for a Public Hearing at the next available meeting. Mr. Dan Shalloway suggested that the removal of treatment plant as a condition of the approval of this petition. He asked if this would be reasonable. Chairman Ornstein said that would be a reasonable condition. Mr. Rosen asked if there is a noise factor concerning new pumps. Mr. Bishop said there will be electric motors that will emit a low noise. Mr. Rosen asked if the neighbors in the duplex will hear the noise. Mr. Munce said the duplex residents will probably hear the noise, but it will not be loud. Chairman Ornstein suggested that the petitioner erect a concrete wall around the pumps to mitigate the noise. Mr. Bishop said he would make a provision to mitigate a noise. Asked about the proposed demolition of unused buildings on the site, Mr. Bishop said he would first like to discuss the future of the site with the City. ITEMS BY THE CITY COUNCIL LIAISON Mayor Michael Martino provided an update to the Commission about the City's Comprehensive Plan amendment for the northwestern portion of the City. Mayor Martino • also distributed three memorandums concerning the Jog Road /Ryder Cup, Resolution 71, 0 1991 and the Council /Mayor salaries. The Mayor discussed each of the memorandums and answered questions from the Commission. PUBLIC HEARING: PCD -92 -02 - Amending the NorthCorp Planned Community District, adopted on January 18, 1990 by Ordinance 1, 1990, to allow for additional uses on Lots 9 and 12 of South Park Center Plat (1, 12- 42S -42E & 1, 6- 42S -43E) (Adv. 7/27/92) Mr. Ellington reviewed the August 6, 1992 staff report for the above - referenced petition. He said that the Commission is only requesting approval of the use, not any size of building. Chairman Ornstein said the petitioner should only be allowed to construct a size of building which would allow for all the parking to be kept on site. The number of parking spaces that could fit onto the site should translate into the square footage of the building permitted, he added. Chairman Ornstein asked if the petitioner has, demonstrated sufficient reason for a church use on the site. Mr. Ellington stated that the petitioner had provided a justification at the workshop meeting. Mr. Donaldson Hearing, agent for the petitioner, reviewed the petition. He said the NorthCorp site provides excellent access from Interstate 95. Chairman Ornstein said the petitioner is proposing too large of a building. He added that the church use is an inappropriate use for the industrial park. Mr. Carl Sabatello asked what the proposed seating capacity of the church. Mr. Hearing said the church will hold 2,400. He also questioned what will happen if a church holiday falls on a work day. The petitioner responded that any weekday, church holiday service will be held at night. Mr. Dan Shalloway said the Commission should only discuss the proposed use and not the potential size of the future church. He then called the for the Public Hearing to be opened. Chairman Ornstein opened the Public Hearing. • After hearing no public comment, Chairman Ornstein closed the Public Hearing. The Motion Mr. Shalloway made a motion for approval of the above - referenced petition. Mr. Strassler seconded the motion. The motion was approved by a 4 -1 vote, with Chairman Ornstein opposing. RECOMMENDATION TO CITY COUNCIL RE: Landscape Ordinance City Forester Mark Hendrickson reviewed the changes requested by the Commission to the proposed Landscape Ordinance. The Motion Mr. Sabatello made a motion to approve the proposed Landscape Ordinance with the changes referenced in City Forester Mark Hendrickson's August 5, 1992 memorandum. Mr. Shalloway seconded the motion. The motion was approved by an unanimous vote, 5 -0. PREAPPLICATION REVIEW: PUD -92 -14 - Recommendation to City Council re: Amending the Devonshire PUD, a 337 -unit life care facility, to modify the architectural design and site plan. Located within PGA National, a Development of Regional Impact, generally south of PGA Boulevard, west of Florida's Turnpike and north of Northlake Boulevard. (16- 42S -42E) Mr. Ellington reviewed the August 6, 1992 staff report on the above - referenced petition. The Commission asked several questions about the trash disposal method used for the project. Chairman Ornstein said the petitioner needs to resolve its trash disposal problem before the Commission recommends approval to the City Council. Mr. George de Guardiola, agent for the petitioner, reviewed the project. He said the • changes were prompted by a consultant who has completed similar life care facilities. • • • Chairman Ornstein said the proposed 12 -inch pre -cast columns are huge to support the covered parking areas. Mr. Gabriel Salazar, architect for the project, said he could move the columns every 20 feet. Chairman Ornstein said this is a great improvement to the existing plan. He asked if there will be bus service. Mr. de Guardiola said there will be minivans servicing the facility. Mr. de Guardiola said the petitioner has supplied all the parking initially approved, but he added that it will not likely all be used. He said that many of the tenants will not have an automobile. Chairman Ornstein said the excess parking can be turned into landscaping. Mr. de Guardiola suggested that the extra parking spaces be turned into landscaping with a stabilized base. ` Mr. Sabatello said the petitioner should notify the residents of The Island PUD and Dunbar Woods PUD and meet with the residents to discuss the project. Mr. Sabatello asked if there will be lights around the shuffleboard courts. The petitioner said those activities associated with the health club will be restricted to daytime use. Mr. Ellington stated that staff has requested the petitioner supply a cross - section of the landscape buffer near the shuffleboard courts. Mr. Mike Rosen requested that the petitioner supply pictures of past similar projects. Mr. Shalloway asked that the petitioner look at the plan to reduce paving on the site. Mr. Shalloway prompted a discussion on the drainage on the site. He suggested that the petitioner meet with David Getz to discuss the drainage and lake system. Mr. Sabatello asked what is the time frame for office construction. Mr. de Guardiola said the petitioner is applying currently for a state permit for approval to build. When ground is broken at the site, the project will be more than 50 percent sold, he added. • �-1. Mr. Sabatello said he has some concerns with the lack of screening of the service area. He also said he would like the landscaped areas for the trash dum sters. P P Chairman Ornstein suggested that the petitioner install the driveway /road in the northwest quadrant of the property during the first phase. Mr. Sabatello said the pedestrian access should be identified on the plan. The Commission agreed to schedule this petition for a future meeting. ADJOURNMENT There being nothing further to come before the Commission, the meeting was adjourned at 10:36 P.M. The next meeting will be held on August 25, 1992. Dan Shalloway Marty R.A. M' or, Secretary Mike Rosen C. Car a atello doing that. So Peter needs to—and the Fire • Department need to address these things if they have a problem when they should be addressed and that's when the project was approved. There's nothing on the file to show that they had a problem then. I don't, having built fire equipment, understand why the comment is made the way it is. Fire equipment is not 10 feet wide. Fire equipment is made to specifications and has certain widths so that it can traverse streets in a safe fashion. So I don't understand the comment. I disagree with the comment, and I don't think it opens the City up to any liabilities because it merely conflicts with what thev originally laid into the record. H. Skokowski: ..I'll be happy to meet with Mr. Bergel. I frankly think he's misinformed on the project and his opinion will change.... Martino: We need to also have the Administration handle this. Mr. Russo brought it up. Kiselewski: I would submit to you that each street in the City . would have exactly the same problem. There's a 24- foot street in front of my house that I've called the Police Department twice this week for guys parking their lawn maintenance thing on it. Yeah, if you're going to violate the law, you're going to create problems. Martino: That's right. Monroe: Mr. Chairman, I wasn't going to say anything, but based on those two comments I feel compelled to do SO. First of all, Don, I would contend that this is not quite the same as your street. You have wider pavement, you have swales that do not and for the most part have trees parked in ... and there may be a few illegally parked where you can't get an 8- foot vehicle off the road. And some people do park on the street, but at least I think in my neighborhood the majority of the people will pull off in the Swale. There's a few that'll park on the street that don't want to get in the swale, but generally you're not obligated because of the constraints of ... here you've got trees, you've got driveways where you will probably have two cars in them. You don't have a lot of options in an area like this. You've got 20 feet of pavement and then • 2 • • Martino: Monroe: tar;�no� the so- called gutter, so you're not going to be able to do anything but keep them in that general area. The second thing that I would like to say is I would hate to think that our Fire Department would be muzzled if that's what they believe, and I think maybe, two things, the first time around when this project came to us, it had a two -car garage. Now they're asking to comment on a change. This isn't what the Fire Department commented on the first time around. This is something new that has a tendency to put more on the streets. No one's got a crystal ball to know today or 20 years from now how many that might be. But the odds are there will be some more; how many, we don't know. The other thing is if any department within the City or any of us Council members voted one way in the past or had a philosophy in the past and because of experience, maturity, learning, whatever, observation that you change your opinion, I would hate to think that I could never grow in my position. I probably voted ... had considerably different philosophies 10 years ago. Some of them maybe were better, some of them maybe weren't. But I would think also, we were talking about Pete Bergel..., if he's learning from developments in the City that, maybe this isn't the best thing, I want him to have that opportunity to say that. Nobody's trying to muzzle anybody, Linda. My comments... But you're talking about tearing something out of the record...I don't... ="' ` tlVe" way 'Mr. Bergel wrote this letter is in direct conflict with the way the Fire Department approved the project to begin with. If he would have written the letter and made reference to the fact that the reason he now has a concern about this project is the very fact that the models are being changed to one degree or another, I could accept everything you're saying. He's not saying that. He's going right back to the width of the roads which are not a problem. Monroe: But he said elimination of any additional parking spaces will result in on- street parking of guest vehicles. This will present a major problem for Fire Department emergency vehicles emergency access due to the narrow 20 -foot roads. He's directly 3 • • • tieing that to additional cars, not the original approval but to additional vehicles. Martino: He's talking about the width of the pavement. He's talking about narrow 20 -foot roads which are ... you know, I'm not a fire professional, but I want to tell you that the width of the road should have little to do with whether a vehicle can move up and down it. What his problem is, if he's raising a problem, is he is suggesting that because we're eliminating a garage space that vehicle may park on the street. That's where the problem and the rub is. That's what he needs to say. He should not even talk about the width of the pavement. If he wants to say that, I don't have probably a disagreement with that statement; but we cannot let a record of the City Council at anytime suggest that we're putting ourselves in a libelous position. I don't feel we are. I feel that the Fire Department has contradicted itselves here by virtue of this letter. That's all I'm saying, and I think that it's clear... Russo: ...want them to clarify... Martino: We need clarification. Kiselewski: I want one thing understood. I've worked this whole compromise or at least started compromising with the thought that cars that park on the street are going to be ticketed. Monroe: What? How? R. Walton: ...private streets... Monroe: They can park all they want to. Russo: You can't even get down my street in Marlwood in PGA National. It's like a .... the security can't ... they just don't do it. Kiselewski: Now hold on just a minute. We've got an ordinance in the City whether they're private streets or public streets that says you cannot park on a lane of traffic. Yes, we do. Why do you think... Aldred: I don't believe that it pertains to private roads. Russo: ...the police drive up and down PGA National... Martino: The city thinks it doesn't apply, Don, I didn't 4 think it did either. If there's no other • discussion, let's see if we can bring this to a conclusion. All those in favor of the motion, please signify by saying "aye ". Opposed? Three, two. (Russo and Monroe voted "no ".) • • 5 r'. R ( M E N T' • CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS. FLORIDA 33410 775 -8260 Rich Walton, Planning and Zoning Director Rich, Thank you for the opportunity to review the latest PUD at the PGA National calling for 209 Single Family Homes. With the suggestion that the two dead -ends (left and right) of the entrance be provided with a stable sub - surface and "punch - out shrubs" and the reservation to review the spacing and location of fire hydrants, we find the project to be to our 7 A g n. rants Chief of the Fire Department • 0 ..--- ------- -CITY OF-------------------------------------------------- PALM BEACH GARDENS • June 4, 1991 TO: The Mayor and City Council FROM: Planning and - Zoning Staff MEETING: June 6 1991 SUBJECT: Workshop Meeting for Petition MISC- 91 -14, by Hank Skokowski of Urban design Studio, agent for Channing Corporation %%, to amend the Villa D'Este Planned Unit Development (Parcel M -27) for three new residential models. Located within PGA National Community (10-428 - 42E) . Discussion Hank Skokowski, agent, is proposing three new models at the Villa D' Este Planned Unit Development which feature a 1 -car garage and additional living space. The original models, approved through all 2 -car garage units. The building will remain unchanged, however the sei • converted into living space under air building elevations remain relatively construction of a window in the place door. Resolution 48, 1989, were footprint of the new models pond car garage will be conditioning. The new the same, except for the of the second car garage With the approval of the new 1 -car garage models, three parking spaces will be provided per unit as opposed to four spaces pro- vided with the current models. The petitioner has provided the attached parking comparison of similar projects approved within PGA National as justification. City Engineer David Getz recom- mends approval since the number of spaces proposed per unit is adequate for up to a three - bedroom unit. The Building and Fire Departments indicate that they do not have any concerns with the petition. /bse • • CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLOR:IIA 33410 -4698 • (407) 7758200 June 14, 1991 To: Rich Walton, Director of Planning a-nd Zoning From: Peter Berge, Fire Marshal Re: Plan Review After review of the above referenced project the following item presents a concern to the Fire Department. Elimination c= any additional parking =_paces will result in on- street parking of guests vehicles. Vnis will present a major problem for re Depart - ment emergence- access due to the narre:: (20') roads provided. In the approval of future projects serious consideration should be given to the size of the paved roadway in relation to emergency vehicle access. a minimum recuirements as set forth in the zoninc code are needed for Fire +Department vehicles. 11 coy of Pa09S • co 1] ♦ > f . "3 J' TO: CITY COUNCIL • CITY ATTORNEY CITY CLERK LEGISLATIVE ORD FROM: MIKE MARTI SUBJECT: COUNCIL /MAYOR SALARY As the city council and city administration is aware, appropriately, during our annual city budget meetings and workshops salaries are discussed. During the preparation of our 1991 -1992 fiscal budget the City Council's salary figure was raised to $800.00 on a monthly basis and the Mayor's salary was raised to $900.00. This is the recollection of staff. As you know, we hold workshops to discuss such items. A budget workshop discussion concerning the raises took place. The above figures were discussed. Councilpersons Monroe and Russo objected, joked they were coming up for re- election and could not support the raises. At first reading on August 15, 1991, the salary for the Mayor's office was discussed again, as the ordinance reflected a yearly figure of $10,200.00 which is $850.00. Councilman Russo was not present. The tapes of the meeting suggest the • affirmative votes were to include the $900.00 figure. Apparently, the ordinance when passed on first reading still reflected the $10,200.00 figure even though discussions indicated $900.00 was appropriate by the majority of the council present. Sometime between 1st and 2nd reading of the ordinance the Mayor's salary figure was changed to reflect the majority's vote ($10,800.00). At no time did I discuss this with any staff personnel. The above is based on discussions with the City Manager, City Clerk, City Attorney, Comptroller, my personal recollections and minutes of meetings. Attached is a memo from the Comptroller supporting some of the above. On 7/25/92 the Palm Beach Post printed an article concerning this subject. The article states that "Mayor Mike Martino has gotten an extra $50.00 in his paychecks this year. But no one can say exactly how it got there." The reporter called most council members for comment. One of my solutions for his questions was to go to the Finance Department and check my pay with them because due to deductions, etc. I don't really know what I am being paid. I also informed him that my recollection was a $100.00 differential was voted on. If he had visited the Finance office, as suggested, he may not have written the story at all and the editorial of 8/5/92 on the same subject may not have been written, as such. T h e Finance Department had not received the changed ordinance and thus was using the $850.00 monthly salary figure for the Mayor's salary. He would have been informed, as I was, that the monthly salary being paid to me was $850.00 and not $900.00 as he and his editors so inaccurately reported and his "impeccable tipster and source" was so sure of. Perhaps, "a pink slip" should be given to the reporter and editorial staff of the • Palm Beach Post who did not research their story for the facts. TO: CITY COUNCIL CITY ATTORNEY CITY CLERK LEGISLATIVE RECORD F 0 ROM: MIKE MARTINO, MAYO j� SUBJECT: RESOLUTION 71, 1991 - APPROVED JUNE 20, 1991 Above resolution was discussed and approved at a regular meeting of the City Council of Palm Beach Gardens on June 20, 1991. Due to many references by the media to this meeting and discussion of Resolution 71, 1991 regarding a letter /report of a plan review from the Fire Department, a detailed evaluation of the tapes (attached) was performed. The media has printed that "Mayor Martino also told City Manager John Orr to have the Fire Department change the letter." The facts are that Councilman Joe Russo introduced the idea to change the report during discussion on Councilman Kiselewski's motion to adopt Resolution 71, 1991. Councilman Russo stated for the record as part of his comments on the Fire Department report, "I don't know that this report is correct, but I believe for the record that this report in order to move liability away from this City Council should be changed..." Mayor Martino merely concurred with Councilman Russo's discussion point. Mayor Martino states "And I'm with you Joe, it should be torn from the file and should be • retracted, and I would prefer that the administration gets this handled." A later comment by Mayor Martino is "My comment is this. It was in response to Joe's comment which he put into the record; it has to be covered." //s b' EXCERPT FROM REGULAR CITY COUNCIL MEETING • JUNE 20, 1991 RE: RESOLUTION 71, 1991 r: Kiselewski: I would move for the adoption of Resolution 71, 1991. Aldred: Second. Martino: Discussion? Russo: Excuse me, Mr. Mayor. I am not going to be voting for this. I think the spirit of cooperation is positive. I think the units still should have been limited - -they weren't. I believe that anytime we vote for an ordinance and for a change and our Fire Department does not give the approval, I believe we are opening ourselves up for liability. If they have to get down the street with the equipment and they can't get down the street, I'd hate to see what could happen with those homes so close together in order to stop a fire. I don't know that this is Martino: Of further discussion, I have two points. One is... are the site plans that we're talking about going to be attached to this resolution? Are they specific? Why can't we just "X" out the model so there's no question. Okay? Would you... 11X11 the model out? Because if it gets over to the Building Department and then the next thing you know we've got one. As far as the Fire Department is concerned, this is one of the issues probably...I know Pete was here earlier and I said a lot of nice things about him, and I meant everything I said, but I do have a little bit of a disagreement - -not a little bit, a lot of disagreement here - -with the Fire Department putting this thing into the record in the form they did. They reviewed this project to begin with, accepted the streets at this width. There's no reason why you can't move a fire vehicle down a 20- foot wide street even if there is parking there. Beyond that, if there ever is an emergency that requires a fire vehicle to move a vehicle, they are built to such a degree that they are capable of • To: Mayor Martino ' From: Holly Vath, Comptroller Date: July 31, 1992 Subject: Council Monthly Pay The Mayor's monthly salary was $625 per month from February 1991 to September 30, 1991. The council members monthly salary was $575 per month. Prior to this the monthly salary was divided into salary and expense money. The monthly salary was $400 for all council members, the expense money was $175 for council members, $225 for the Mayor. Due to changes in federal tax laws, the expense money had to be taxable and processed through payroll. The City Council approved a change in the council salary in September 1991. The monthly salary for the Mayor was increased to $900 per month and the monthly salary for council members was increased to $800 per month. Due to a typographical error on the ordinance, you were actually paid only $850 per month from October 1991 to July 1992. The typographical error was noticed between the first reading and the second reading and was corrected prior to the second reading. Unfortunately, the amount of pay was entered from the copy with the typo- graphical error and was not noticed in the payroll program until July 1992. Therefore your monthly pay should have been S900 per month since October 1991. The City at this point owes you $500 in back pay. You will receive this money in a separate check to be issued on August 6,1992. 1 apologize for any inconvenience this may have caused. TO: CITY COUNCIL • CITY ATTORNEY CITY CLERK LEGISLATIVE RECORD FROM: MIKE MARTIlVO, MAYOR SUBJECT: JOG ROAD/RYDER CUP - RESOLUTION 2, 1992 Recently, a lot of media, citizen, county commission and city council attention has been spent on the above resolution. Some of what is being discussed is inaccurate. In an attempt to more accurately reflect the legislative record and intent, I submit the following: 1. Councilman Russo requested the Ryder Cup /Jog Road resolution should be prepared and forwarded to the County Commission. This correspondence was to state the city's position to remove Jog Road from the County's Thoroughfare System between Northlake Boulevard and Donald Ross Road. 2. The resolution was prepared and submitted for council review and comment. Official action was taken and a unanimous vote cast to send the resolution to the County Commission. 3. The language of the resolution was modified by Councilwoman Linda Monroe which changed the councils' original intent from a simple removal request to one that suggested finding an alternative first and then removing Jog Road. The tapes and records indicate this to be accurate. Thus, Resolution 111, 1991 should have reflected her amended language. 4. On December 6th, the City Clerk asked me if I recalled the language we agreed to use in Section 1 of the Resolution. Unfortunately, and without any intent to undo, I suggested language that I thought we intended as policy which did not accurately reflect the amendment by Councilwoman Monroe. I was trying to be helpful but should have known to listen to the tapes for accuracy. 5. Subsequent to the error, an amended version reflecting Councilwoman Monroe's amended language was sent as an update and replacement for the incorrect version (Resolution 111, 1992 dated 12/13/91). 6. On January 2, 1992, this problem and resolution was discussed again by the City Council at our regular meeting. It was determined that Councilwoman Monroe's version of policy was not our intent. The language in Section 1 was changed and reflected the original language of Resolution 111, 1991. 7. Resolution 111, 1991 was changed and Resolution 2, 1992 was approved. Of interest is the vote was unanimous. Resolution 2, 1992 was then forwarded to the County Commission. 8. On January 7, 1992, Karen Marcus, Chair of the County Commission corresponded with the City Clerk by thanking her for Resolution 2, 1992 and recognizing that it superseded Resolution 111, 1991. :.:CEMBER 30, 1991 RESOLUTION 2, 1992 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, TO REMOVE JOG ROAD FROM THE COUNTY'S THOROUGHFARE • RIGHT -OF -WAY PROTECTION PLAN FROM NORTHLAKE BOULEVARD TO DONALD ROSS ROAD; AND, PROVIDING FOR AN EFFECTIVE DATE. • • WHEREAS, the City of Palm Beach Gardens, Florida, has heretofore petitioned the County to remove Jog Road from its Thoroughfare Right -of -Way Protection Plan over six (6) years ago; and WHEREAS, Jog Road is designated as Ryder Cup Boulevard within PGA National Resort Community; and WHEREAS, the PGA National Resort Community is a Develop- ment of Regional Impact and the City opposed Ryder Cup Boulevard being a part of said Right -Of -Way Plan prior to issuance of the PGA National Development Order, and has opposed its inclusion in said Plan since issuance of that Order. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City of Palm Beach Gardens, Florida, hereby urges and requests the County of Palm Beach to remove Jog Road (know -n as Ryder Cup Boulevard within the PGA National Resort Community) from its Thoroughfare Right -Of -Way Protection Plan from Northlake Boulevard to Donald Ross Road, and if warranted, seek alternatives to this Thoroughfare link. Section 2. This Resolution shall be effective upon date of passage. INTRODUCED, PASSED AND ADOPTED T � DAY OF 1992. MAYOR MICHAEL MARTINO ATTEST: JEAN LONG U DEPUTY CITY CLERK VOTE: AYE NAY ABSENT MAYOR MARTINO % VICE MAYOR ALDRED COUNCILWOMAN MONROE ?- COUNCILMAN KISELEWSKI COUNCILMAN RUSSO APPROVED AS TO FORM AN LEGAL SUFFICIEN Y BY• CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 • (407) 775 -8200 December 11, 1991 TO: Linda Monroe, Councilwoman FROM: John L. Orr, City Manager RE: Your Memo, dated today /Resolution ill, 1991 I did not read the amended resolution after the changes were made nor was I a part of the process. If the Mayor's amended language was inconsistent with the language that was approved by the Council, then the'Mayor should respond to the action taken. The normal process is for the _City Clerk to transcribe the language off the official tapes of the meeting. The letter was included in the mail drop this week which was supposed to correspond with the resolution that was attached and made a part of the packet. Had we not submitted a revised letter, the Council would not have received a copy of the resolution. I am not aware of any other changes that were made over the years of anything after Council approval; however, we are always subject to human error. Since the Mayor is responsible for signing the resolutions, I will provide him with a copy of your letter and my response to your letter for appropriate action. n A JLO : j b cc: City Council 0 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410 -4698 • (407) 775 -8200 December 11, 1991 TO: John L. Orr, City Manager FROM: Linda Monroe, Councilwoman Resolution 111, 1991, as amended, was approved by the City Council on December 5, 1991 I read the amending language into the record, and the motion to approve referenced the amendment. The resolution as signed by the Mayor changed the amending language and, therefore, changed the intent. I have been told that the mayor provided the amending language the following day. I would like to know how this was allowed to happen and assurance that it will never again happen. I have to wonder why this resolution was included in our mail drop this week when we do not • normally get copies of resolutions after they have been approved. I have to also wonder how many other changes over the years were made after the Council approved resolutions and/or ordinances. Please provide a written response. Please have a corrected version prepared, sued, and distributed to all who received the incorrect version; and attach a cover letter stating that this is a corrected resolution which replaces the one pre-, iously sent. LM:3 -b Attachment cc: City Council • • • is AMENDED 12/13/91 RESOLUTION 111, 1991 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, TO REMOVE JOG ROAD FROM THE COUNTY'S THOROUGHFARE RIGHT -OF -WAY PROTECTION PLAN FROM NORTHLAKE BOULEVARD TO DONALD ROSS ROAD; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens, Florida, has heretofore petitioned the County to remove Jog Road from its Thoroughfare Right -of -Way Protection Plan over six (6) years ago; and WHEREAS, Jog Road is designated as Ryder Cup Boulevard within PGA National Resort Community; and WHEREAS, the PGA National Resort Community is a Develop- ment of Regional Impact and the City opposed Ryder Cup Boulevard being a part of said Right -Of -Way Plan prior to issuance of the PGA National Development Order, and has opposed its inclusion in said Plan since issuance of that Order. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City of Palm Beach Gardens, Florida, hereby urges and requests the County of Palm Beach to searc fc:_ a'.':ernatives to Jog Road from Northlake Boulevard to Donald.. Rc- Road, (known as Ryder Cup Boulevard within the PGA National Resort Community) and if and when identified, remove same from its Thoroughfare Right -Of -Way Protection Plan. Section 2. This Resolution shall be effective upon date of passage. INTRODUCED, PASSED AND ADOPTED THIS THE 5TH DAY OF DECEMBER, 1991. ATTEST: LINDA V. KOSIER, CITY CLERK 'a MICHAEL MARTINO, MAYOR BY: c:,- .. RESOLUTION 111, 1991 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, TO REMOVE JOG ROAD FROM THE COUNTY'S THOROUGHFARE RIGHT -OF -WAY PROTECTION PLAN FROM NORTHLAKE BOULEVARD TO DONALD ROSS ROAD; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens, Florida, has heretofore petitioned the County to remove Jog Road from its Thoroughfare Right -of -Way Protection Plan over six (6) years ago; and WHEREAS, Jog Road is designated as Ryder Cup Boulevard within PGA National Resort Community; and WHEREAS, the PGA National Resort Community is a Develop- ment of Regional Impact and the City opposed Ryder Cup Boulevard being a part of said Right -Of -Way Plan prior to issuance of the PGA National Development Order, and has opposed its inclusion in said Plan since issuance of that Order., • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City of.Palm Beach Gardens, Florida, hereby urges and requests the County of Palm Beach to remove Jog Road (known as Ryder Cup Boulevard within the PGA National Resort Community) from its Thoroughfar-- Right -Of -Way Protection Plan from Northlake Boulevard to Donald Ross Road, and if warranted, seek alternatives to this Thoroughfare link. Section 2. This Resolution shall be effective upon date of passage. INTRODUCED, PASSED AND ADOPTED T IS THE 5TH DAY DECEMBER, 1991. MICHAEL MARTINO, MAYOR ATTEST: / , 2 � • �V_-KDA V. KOSIER, CITY CLERK dD L ...BY' crn i17'i :� cY