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HomeMy WebLinkAboutMinutes Council 1017910 CITY COUNCIL P.7GULAR MEETING IT i OF PALM BEACH GARDENS OCTOBER 17, 1991 V The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Mayor Martino at 8:00 P.M. in the Assembly Room at the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL The roll was called by the City Clerk and present were: Mayor Martino, Councilwoman Monroe, Councilman Kiselewski and Councilman Russo. Vice Mayor Aldred was not in attendance due to medical reasons. ANNOUNCEMENTS Mayor Martino stated the announcements were as listed on the agenda and the bulletin boards. The Mayor and City Council thanked those individuals that cleaned and repainted the Council Chambers. ITEMS BY THE CITY MANAGER PBG Square Richard Walton, Planning & Zoning Director, addressed the City Council stating an application has been received to ,build a a Publix Grocery Store in PBC Square where the Ames Department Store was located. Mr. Walton stated he needed direction from City Council on several issues before the application could pro- ceed. The Council requested petitioner double stripe the parking spaces, as required by code for 91x 18' spaces. Petitioner stated they will incorporate some additional parking around the rear and sides of building for employee parking. A discussion `1'X COUNCIL REGULAR MEETING, 10/17/41 PAGE 2 ensued re: petitioner's request to be exempt from the Art in Public Places Ordinance. The petitioner felt that additional monies being spent on landscaping and upgrading the shopping center should be replace the art impact fee. Councilwoman Monroe made a motion, seconded by Councilman Russo, to amend the Art in Public Places Ordinance to allow the City Council some latitude if the center is completely improved, or some alternative if the Council believed that it would be to the benefit of the piece of property and the city as a whole. Councilman Russo stated he would agree to the motion if the square footage of the center has not been increased. Councilman Kiselewski stated he did not feel it was appropriate for the art impact fee to be waived. Attorney Brant stated if the City Council found that in this location a waiver would be appropriate the Council could discuss such a compromise. Councilman Russo withdrew his second, and Councilwoman Monroe withdrew her motion. The City Council directed the Petitioner to substantiate his re- quest and meet with the city Attorney. Gardens East Apartments Councilman Kiselewski referenced a letter received from Linpro re: various colors being used on Gardens East Apartments. Councilman Kiselewski felt the colors should be softened. As Linpro agreed to come before the City Council to discuss their concerns, it was the concensus of the City Council to place 40 this item on the November 7, 1991, agenda. Council also directed CITY COUNCIL REGULAR MEETING, 10/17/91 0 PAGE 3 staff to take color photos of the colors presently being used. REPORTS & ITEMS BY MAYOR AND CITY COUNCIL Mavor Martino It was the conceneus of the City Council to discuss the economics of the requested tennis court improvements at the November 17, 1991, meeting. The City council directed staff and the City Manager put together needed information for the Council's review. Councilman Russo Councilman Russo stated he attended the Senior Citizens luncheon on Monday and stated the condition of the building relating to maintenance and cleaning needed attention. Councilman Russo also requested the city council send a letter at the appropriate time to the State regarding taxing of bingo games. Councilwoman Monroe Councilwoman Monroe stated she visited the Golf Course this week and felt that once it is finished it would be a beautiful piece of land. Councilwoman Monroe requested an update re: negotiations with the police and fire unions. The City Manager stated that 3 of the unions are into arbitration, which can take lip to 6 months to resolve. Councilman Kiselewski It was the conceneus of the City Council to place the system for ticketing by the Code Enforcement Officers on the November 17, L991, agenda. In response to Councilman Kiselewski, the City Manager's Office was directed to send a letter to Tanglewood Shopping Center CI CITY COUNCIL REGULAR MEETING, 10/17/91 PAGE 4 management re: the "great" sign being moved back 3 feet. MUNICIPAL LEAGUE COMMUNICATION$ Mayor Martino stated the Municipal League will hold it's monthly meeting on October 23, 1991, at 11:30 a.m. in the City'- Community Center. COMMENTS FROM THE PUBLIC ter. Carsilj,q Sam Carsillo, Dahlia Avenue, addressed the City Council with several concerns, including progress of the library, sidewalks on Holly Drive, train whistles, I -95 noise, districting and speed limits on Military Trail. SENT AGENDA Councilman Kiselewski made a motion, seconded by Councilman Russo, to adopt the following items on the Consent Agenda: 1. Approval of Minutes of 10/3/91 Regualr Meeting. 2. Resolution 98, 1991 - Approval of PGA National M -31A Entry Feature Wall. The motion was unanimously approved by the City Council. PUBLIC HEARINGS RESOLUTION 96, 1991 It was determined that the Petitioner had been directed to request tha wrong variance for the sign at Shoney's Restaurant on Northlake Boulevard and was directed to meet with the Building Official to re -file his petition, documenting the hardship. Mayor Martino declared the Public Hearing open. There being ® no comments from the public, Mayor Martino declared the Public CITY COUNCIL REGULAR MEETING, 10/17/91 0 PAGE 5 Hearing closed. Councilman Eiselewski made a motion, seconded by Councilwoman Monroe to deny this petition and to waive the filing fee for the petitioners refiling for a variance for this sign. The City Council waived the advertisement fee due the City for the incorrect variance. The motion was unanimously adopted by the city council. The Council directed that in the future all scheduled Public Hearings be postponed if fees are not paid. RESOLUTION 9?,,1991 Richard Walton, Planning & Zoning Directox, addressed the City is Council re: Resolution 97, 1991, approval of conditional use and variance to allow the retail sale /service of beer & wine for on- premise consumption at MichaelangeloIs Restaurant. 4392NOrthlake Boulevard. Mr. Walton stated the petitioner has not received the written approval of the property owner. A discussion ensued with Mr. Michael Rollo, petitioner, re: rroblems he has had in obtaining the needed signature. Mayor Martino declared the Public Hearing open, w.ich was advertised 10/2/91. There being no comments from the public, Mayor Martino declared the Public Hearing closed. Councilman Riselewski made a motion, seconded by Councilwoman Monroe, to adopt Resolution 97, 1991, however, subject to all fees being paid to the City and written approval from the 11 CITY COUNCIL REGULAR MEETING, 10/17/91 PAGE 6 0 property owner. The motion was unanimously approved by the City Council. ORDINANCE 29, 1991 Mayor Martino declared the Public Hearing open, which was advertised 10/2/91, and held on the intent of Ordinance 29, 1991, amending Section 159.003 of ..,ie Palm Beach Gardens Code to in- clude the definition of a columbarium and amending Section 159.057 to include columbariums as an accessory use to churches and houses of worship. There was discussion re: the second indented paragraph in Section 2. with columbariums being re- quired to be located within a free standing structure. The City Attorney was directed to re -write this paragraph incor- is porating the thoughts of the City Council. Councilman Kiselewski made a motion, seconded by Councilwoman Monroe, to postpone this public hearing until the Regular Meeting of the City Council, November 7, 1991. The motion was unanimously approved by the City Council. ITEMS FOR DISCUSSION Great Western Bank Richard Walton, Planning & Zoning Director, addressed the City Council stating that the petitioner has been unable to obtain the written approval of the property owner and requested this item be removed from the agenda at this time. First Union Bank Cory Cross, authorized agent for First Union, addressed the City Council reviewing revised plans for the addition of 2 drive through lanes and 1 bypass lane for First Union at Northlake CITY COUNCIL REGULAR MEETING, 10/17/91 PAGE 7 Boulevard and Military Trail. In response to the City Council, Mr. Cross stated that the retention area would be irrigated and maintained by First Union. Councilman Russo felt adding 2 lanes plus a bypass lane was still too much for the site and preferred 1 additional lane and a bypass lane. Councilman Kiselewski stated he would like to know what part of the City's codes required a bypass lane. Council- man Kiselewski felt the First Union property and the retention area should be considered as one property and would like the additional trees to be spread around the retention area instead of along First Union's property line. In response to Councilwoman Monroe, Mr. Cross stated that the original site plan required 24 parameter trees of which 16 are healthy and 8 needed to be replaced. The petitioner is proposing an additional 12 trees on the site and 6 within the retention area, bringing the tota' number of trees for this site to 42. The petitioner was directed to receive written permission from the property owner and an agreement that First Union will maintain the retention area. The Council agreed they did not want turf block for the bypass lane and requested paving. Upon staff review of the requested revisions, the City council will consider a resolution for approval. NEON SIGNS After discussion re: neon open and closed signs located in various windows of businesses, it was the concensus of the City Council to enforce the sign ordinance as written. The