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CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
APRIL 4, 1991
The Regular Meeting of the City Council of the City of
Palm Beach Gardens, Florida, was called to order by Mayor
Martino at 8:00 P.M. in the Assembly Room of the Municipal
Complex, 10500 North Military Trail, Palm Beach Gardens,
Florida.
ROLL CALL
The Deputy City Clerk called the roll, and present were
Mayor Martino, vice Mayor Aldred, Councilwoman Monroe,
Councilman Kiselewski and Councilman Russo.
ANNOUNCEMENTS
Mayor Martino announced there would be a meeting of the
Art Advisory Committee on Monday, 4/8/91, a meeting of the
Planning and Zoning Commission on Tuesday, 4/9/91 and a
is
meeting of the Beautification and Environmental Committee
on Wednesday, 4/10/91.
PROCLAMATIONS
Councilman Kiselewski read a proclamation proclaiming the
week of 4/8/91 - 4/14/91 as "Building Safety week ".
Councilman Russo read a proclamation proclaiming the month
of April as "Month of the Young Child ".
Councilwoman Monroe read a proclamation proclaiming the
week of 4/14/91 - 4/20/91 as "National Library week ,,,
vice Mayor Aldred read a proclamation proclaiming the week
Of 4/15/91 - 4/21/91 as "PGA of America Week ".
CALL FOR BIDS
Mayor Martino stated he is a sub - contractor for one of the
bidders which constit -aLed a conflict of interest and
•
passed the gavel to vice Mayor Aldred.
The City Manager stated one of the bids was faxed to the
Ce COUNCIL REGULAR MEETING, 4/4/91 PAGE 2
City. Attorney Brant concluded the City could not accept
the bid from Carpet Counselors of Florida, Inc., as it was
faxed and not a sealed bid.
The City Manager opened and read the following bids
received to supply and install flooring for a new
community center for the City of Palm Beach Gardens, as
advertised March 20, 1991:
1. Gardens Tile, Inc, 9038 Gardens Glen Circle, Palm
Beach Gardens, FL
$17,904.00.
2. Florida Ha'sco Inc., 4805 South Dixie, West Palm
Beach, FL
a) Ceramic Floor Tile, Lobby, Lobby Halls and Open
area behind built -in reception desk - $3,496.60;
b) Ceramic Tile - Bathroom, two small water closets
& two large water closets - $2754.40;
c) vinyl Floor Tile - $6,184.80;
d) Carpet - $1,625.00; Cushion - $575.00; (Alternate
I - $5,250.00); (Alternate II - $4,175.00); Base
material - $676.00.
Councilman Kiselewski made a motion to remand the bids to
the City Manager and the Director of Recreation for their
evaluation and recommendation; seconded by Councilman
Russo. The motion was approved by the City Council by a
vote of 4 - 1. Mayor Martino abstained.
Mayor Martino retrieved the gavel.
ITEMS BY THE
CITY MANAGER
POLICE LIEUTENANTS'
NEGOTIATIONS Upon the recommendation of the City Manager, Councilman
Kiselewski made a motion to schedule a Public Hearing
regarding impasse with the Police Lieutenants on Monday,
April 29, 1991 at 8:00 P.M. in the Council Chambers;
Ce COUNCIL REGULAR MEETING, 4/4/91 PAGE 3
seconded by Vice Mayor Aldred. The motion was unanimously
approved by the city Council.
ISS LANDSCAPE
MAINTENANCE AGREEMENT The City Manager, as recommended by the Golf Course
Management Committee, requested authorization for the
Mayor to execute a contract with ISS Management Inc. for
maintenance of the Palm Beach Gardens Municipal Golf
Course.
In response to Councilman Russo, the City Manager stated
the contract amount of $344,625 exceeds the original
budget by approximately $50,000 at this time.
Vice Mayor Aldred advised the overage may be offset in
other areas in the future. The City Manager stated the
Council will be kept informed of the budget status.
Councilman Russo made a motion for the Mayor to execute
the contract with ISS Management Inc. for maintenance of
the Palm Beach Gardens Municipal Golf Course, seconded by
vice Mayor Aldred. The motion was unanimously approved.
REMOVAL OF BILLBOARDS
The City Manager reported there are two bills in
Tallahassee, 1) requiring cities to pay for removal of
billboards and not allowing a depreciation schedule, which
would be a negative impact on the city, and 21 uniform
impact fees statewide which would also have a drastic
impact on the cities.
WYNFZELD PCD AND
STARWOOD PUD
The City Manager stated he is in receipt of a letter from
40
Raymond Royce, Esquire, asking the City Council to
Co COUNCIL REGULAR MEETING, 4/4/91 PAGE 4
reconsider the removal of Wynfield PCD and Starwood PUD
projects from "hold" status, since the petitioners were
not present to give input.
In response to Mayor Martino, the City Manager stated his
recommendation was for the City Council to reconsider the
action taken, with the petitioner present.
Attorney Brant stated the petitioner was not notified of
the date, time and place of the meeting at which final
action was taken on the subject projects.
Councilman Kiselewski made a motion to place Wynfield PCD
and Starwood PUD on the next agenda to determine project
status; seconded by Councilwoman Monroe. The motion was
unanimously approved by the City Council.
VEHICLE FOR
HIRE ORDINANCE
The City Manager stated a vehicle for Hire Ordinance is
being considered by the Council which will be applicable
to all municipalities that do not have their own ordinance
regulating these activities.
Attorney Brant was directed to review the opt out
provision of the Ordinance and advise the Council.
CONGRATULATIONS
The City Manager congratulated Vice Mayor Aldred for his
nomination by the Municipal League for the Planning
Council.
REPORTS AND ITEMS BY
R AND COUNCIL
COUNCILMAN RUSSO
Councilman Russo reported attending the Recreation
0 Advisory Board meeting where a problem with parking at the
Cov COUNCIL REGULAR MEETING, 4/4/91
PAGE 5
Lake Catherine Sports Complex was brought to his
attention.
Councilman Russo requested clarification on the use of the
property behind the Klock building.
Councilman Russo reported the Recreation Advisory Board
requested the decision of the City Council re: non-
resident access fee.
Councilman Russo reported attending the North County Teen
Group meeting and suggested considering a joint effort
between North County and Palm Beach Gardens Teen Groups to
use the City's facility on Saturday evenings.
Councilman Russo reported there should be seven regular
® members on the Recreation Advisory Board and there are
eight regular members. The City Council requested
Administration look into the matter.
Councilman Russo reported the July 4th celebration is not
drawing the attendance it should and suggested the City
consider some activity to increase attendance.
COUNCILWOMAN MONROE In response to Councilwoman Monroe's question regarding
status of the annexation �.hich was pulled from the
referendum, the City Manager reported the County is trying
to find money for roads and will advise the City Council
when the County contacts the City.
Councilwoman Monroe suggested vice Mayor Aldred resubmit
his formula for the non- resident recreation fee to the
® City Council for further review.
Co COUNCIL REGULAR MEETING, 4/4/91 PAGE 6
Councilwoman Monroe reported Delray Beach recently
completed extensive landscaping along Atlantic Avenue and
stated they may be able to advise as to the cost of
maintenance.
COUNCILMAN KISELEWSKI Councilman Kiselewski reported the Exchange Club
volunteered to clean PGA Boulevard, from Alternate A -1 -A
to U.S. Highway One.
Councilman Kiselewski stated the new art displayed in the
Council Chambers is very nice. Councilman Kiselewski
reported the Art Advisory Committee is meeting on Monday
and requested any comments on the amendment from the
Council be given to him or Linda Erbacher before the
meeting.
Councilman Kiselewski reported he will be in Tallahassee
on Tuesday and Wednesday of next week.
COMMENTS FROM
SAM CARSILLO Sam Carsillo addressed the City Council re: health care
tax bill, National Health Security Bill, funds from the
Departm -nt of Energy, in -store discount, bad roads on
Route 10, four -man district, K -9 dogs, bullet -proof vests,
helicopter pad, water pipeline, bicycle path along
Military Trail and the closing of Holly Drive during
school hours.
Councilman Kiselewski made a motion for the City
Administration to develop a status report qn the reopening
of Holly Drive; seconded by Councilman Russo.
Ce COUNCIL REGULAR MEETING, 414191 PAGE 7
The City Manager stated the City could open Holly Drive
but it would not be as safe for the children walking to
school.
The motion was defeated by a vote of 2 ayes and 3 nays.
The nays were cast by Mayor Martino, vice Mayor Aldred
and Councilwoman Monroe.
CONSENT AGENDA Per a unanimous vote of the City Council, Item 2 and Item
4 were pulled from the Consent Agenda.
Item 2, Approval of Minutes of 3/21/91 Local Planning
Agency will be approved at the next Local Planning Agency
Meeting.
RESOLUTIONS
RESOLUTION 48, 1991
Per a consensus of the City Council, the following items
on the consent Agenda were unanimously approved and
adopted by the City Council:
1. Approval of Minutes of 3/21/91 Council Meeting.
3. Resolution 47, 1991 - approval of minor amendment for
a Guardhouse to The Oaks PUD, approved 11/16/89 by
Ordinance 31, 1989.
5. Resolution 49, 1991 - Site Plan Approval for FP &L
Donald Ross Road SubStation.
In response to Councilwoman Monroe, the City Manager
stated he did not know why the Coanty was in favor of the
Delegation Agreement between DERM and FDER.
Councilwoman Monroe made a motion to approve and adopt
Resolution 48, 1991, opposing the pending Delegation
Agreement between Palm Beach County Department of
Environmental Resources Management (DERM) and the Florida
Department of Environmental Regulation (FDER); seconded by
Co COUNCIL REGULAR MEETING, 4/4/91 PAGE 8
Councilman. Kiselewski. The motion was unanimously
approved by the City Council.
ORDINANCES
ORDINANCE 12, 1991 Mayor Martino declared the Public Hearing open, which was
duly advertised on 3/20/91, and held on the intent of
amending chapter 155: Signs of the Palm Beach Gardens
code, as same pertains to certain definitions, window
signs, temporary signs and variances to said code.
GARY KRIELOw Gary Krielow, representing Prosperity Gardens Development
Corporation, addressed the City Council regarding
sale /lease signage and requested the City Council consider
adding language in Section 155.17 (3) (F) to designate
® what type of space is available and /or rent and to include
Office Space in the description. Mr. Krielow also
addressed the City Council regarding the 15' setback.
There was a consensus of the City Council to amend Section
3, page 3, (3) (F), to add "Type of" before "Space
Available ", and "Space for Rent ".
There was a consensus of the City Council to allow the
Resolution, which will rejulate Administrative po-Licy, to
include any variations regarding setbacks.
TERRY SPEARS Terry Spears, Oakbrook Square, addressed the City Council
requesting clarification of temporary and permanent
signage with changeable copy signs.
The City Council directed the City Attorney and
Administration to review this matter, make a
C& COUNCIL REGULAR MEETING, 4/4/91 PAGE 9
determination, and include in the Regulation Resolution.
Vice Mayor Aldred made a motion to allow businesses to
have permanent signage with interchangeable copy, which
may be used in lieu of a temporary sign, a-d *- include
this provision in the Regulation Resolution; seconded by
Councilwoman Monroe. The motion was unanimously approved
by the City Council.
ED ROBY
Ed Roby, real estate broker in Palm Beach Gardens,
addressed the City Council requesting clarification of
square footage allowed for signage on raw land.
The Council advised this matter would be handled in the
Regulation Resolution.
F QUINTERO
Jorge Quintero, Steeplechase, addressed the City Council.
In response to Mr. Quintero, Attorney Brant stated the
sign Code does apply to private communities.
JOE GIURATO
Joe Giurato, PGA Animal Clinic, addressed the City Council
regarding the 15' setback.
There being no further comments from the public, Mayor
Martino declared the Public Hearing closed.
Per a consensus of the City Council, tiie Deputy City
Clerk, read, by title only, on second and final reading,
as amended, Ordinance 12, 1991.
Councilman Kiselewski made a motion to adopt Ordinance 12,
1991; seconded by vice Mayor Aldred. The motion was
unanimously approved by the City Council.
OIDNANCE 13, 1991
Mayor Martino declared the Public Hearing open, which was
COY COUNCIL REGULAR MEETING, 4/4/91 PAGE 10
duly advertised 3/20/91, and held on the intent of
rezoning from Palm Beach County land designation of AR to
GU under the Palm Beach Gardens zoning Code, (FP&L Donald
Ross Road Sub - Station).
There being no comments from the pudic, Mayor N;artino
declared the Public Hearing closed.
Per a consensus of the City Council, the Deputy City Clerk
read, by title only, on second and final reading,
Ordinance 13, 1991.
Councilman Kiselewski made a motion to adopt Ordinance 13,
1991; seconded by Vice Mayor Aldred. The motion was
unanimously approved by the City Council.
NANCE 7, 1991 After discussion regarding Ordinance 7, 1991, Standards
for Burglar, Fire, and Alarm Systems, there was a
consensus of the city Council for staff to redraft the
ordinance to remove reference to fees and to make the
following changes in language in Ordinance 7, 1991, as
follows:
Page 2 "FALSE ALARMS ", after "alarms" add "or fire
alarms "; and on page 7, redraft first full paragraph to
change the term "fee" to "fine ", and eliminate reference
to permit.
ORDINANCE 14, 1991 In response to Councilman Kiselewski, Attorney Brant
stated there is no prohibition of creating a PUD on
partially builtout or fully builtout land.
® Vice Mayor Aldred stated he would not want to preclude re-
CO COUNCIL REGULAR MEETING, 4/4/91
PAGE 11
development under a PUD.
Councilman Kiselewski expressed concern with setting a
precedent under conventional zoning to enable petitioners
to dress up land and expect to receive bonuses under PUD.
vice Mayor Aldred made a motion to place ordinance 14,
1991, rezoning 12.67 acres of the Loehmann's Plaza,
excluding outparcels, from CG -1 to PUD, to renovate the
existing center and construction of a 5,000 square foot
freestanding building, on first reading by title only;
seconded by Councilman Russo. The motion was approved by
4 ayes and 1 nay which was cast by Councilman Kiselewski.
Per a consensus of the City Council, the Deputy City Clerk
® read, by title only, on first reading, Ordinance 14, 1991.
Rich Walton, Director of Planning and zoning, addressed
the City Council stating staff has received a letter from
the Petitioner agreeing to extend the new sidewalk along
PGA Boulevard to the I -95 overpass; limit the number of
signs along the rear of Building A to 10; modify the new
major sign at PGA Boulevard to remove small tenant
identification; provide tenant signage on featured
elevations only at the top of the parapet; implement a
program of tree fertilization for the trees along PGA
Boulevard and to maintain the trees in accordance with all
applicable codes and regulations; and to favorably
consider the implementation of a City sponsored program to
• improve the traffic circulation around the immediate area
C COUNCIL REGUhA.R MEETING, 4/4/91 PAGE 12
of Loehmarn's Plaza Shopping Center.
Jorge Quintero, agent for Petitioner, addressed the City
Council regarding condition #1 in Section 2 requesting the
condition be reworded to ens,ire the petitioner's use of
the road, if constructed. Mr. Quintero expressed concern
with Condition #2 in Section 2 stating the Petitioner had
agreed to build the sidewalk up to the I -95 overpass only.
Councilman Riselewski felt a guardrail needed to be
constructed underneath � ;he overpass to avoid accidents.
Mr. Quintero stated the Petitioner will respond to this
issue at the next meeting.
Mr. Quintero requested in Section 3, the time frame be
changed from (2) years to (3) years. Mr. Quintero
requested a change in Section 4 from the 58 required
parking spaces to 46 spaces, which will be provided by
filling in the center aisle.
Mr. Quintero requested additional language after
"restaurant structure" to include "and /or retail ". Mr.
Quintero stated Petitioner agrees with all conditions
recommended by the Planni.ig and Zoning Commission, except
for Condition #7.
After further discussion, there was a consensus of the
City Council to amend the conditions as follows:
1. Require Petitioner to comply with the Art in Public
Places Ordinance.
2. Revise wording in Condition #1 under Section 2, to
COUNCIL REGULAR MEETING, 4/4/91 PAGE 13
Include "a public road ".
3. Revise wording in Condition #2 under Section 2, to
include "up to the overpass ".
4. After "restaurant structure ", add "and /or retail".
5. Section 3, change 11(2) years" to 11(3) years ".
6. Delete Condition #7, under conditions proposed by the
Planning and zoning Commission.
Councilman Kiselewski requested the Planning and zoning
Department provide him with a parking analysis.
After discussion regarding the marquee sign, there was a
consensus of the City Council to allow the 27' height.
In response to Councilman Kiselewski, Mr. Quintero stated
is there are no plans to enclose the roof -top equipment on
the rear of Building B.
Councilwoman Monroe requested Mr. Quintero provide her
with landscape plans as soon as possible.
ITEMS FOR
DISCUSSMN
DIVOSTA ANNEXATION Rich Walton, Director of Planning and zoning, addressed
the Council stating the Petitioner is requesting
annexation, land use change amendment and rezoning of a
1.826+ acre site located west of U.S. Highway One,
approximately 700 feet south of PGA Boulevard. Mr. Walton
stated the Petitioner is requesting Commercial zoning.
Councilwoman Monroe suggested the Petitioner not ask for
40 zoning at this time.
Bill Shannon, agent for Petitioner, addressed the City
CO COUNCIL REGULAR MEETING, 4/4/91
LAKE CATHERINE
TRASH
PAGE 14
Council stating the Petitioner would like CG -1 zoning.
Per a consensus of the City Council, the Petitioner was
directed to obtain a letter from the Village of North Palm
Beach stating they have no objection to the annexation.
THE OAKS
TRASH DISPOSAL Rich Walton, Director of Planning and Zoning, addressed
the City Council stating the Petitioner has requested to
amend the PUD's for The Oaks and Lake Catherine regarding
the designated trash pickup areas. Mr. Walton presented a
slide presentation showing current dumpster /trash pickup
areas at various locations in the City.
® Charles Hathaway, vice President for DiVosta and Company,
addressed the City Council stating they would prefer
landscaping the area rather than constructing a wall.
There was a consensus of the City Council for the
Petitioner to install a 2' wall around the pickup
locations with landscaping.
ADJOURNMENT There being no further business to discuss, the meeting
was adjourned at 12:00 A.M.
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COUNTY, MUNICIPAL,
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320 Balsam St.
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Palm Beach Gardens, FL
IIAIE ON UHR 11 V(Ilk IX(URRFU
4/4/91
OTHER LOCAL PUBLIC OFFICERS
I NAME OF WARM C'Ol1Ne1L, COMMISSION. AUTHORITY, OR C'OMMMU
THE wmit4 C'ouwcff: i:SiMMtSSION, AUTHORITY. OR COMMITTEE ON
W HI('H I Sk RVE IS A UNIT OF'
(IIY ') COUNTY OTHER IOC'AI AGENCY
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NAML OF P(yt ITIC At 3U6W V1510N
halm Beach City of Palm Beach Gardens
MY Pl7)I I ION 1) 11h111VE` APPOINTIVE
WHO MUST Flu FO°M P
This form is for ucc by any person scnrng at the county, city, or other local level of government on rn appointed or elected board,
vouncil, commission, authority, or comnvtiec, It applies equally to members of advisory and non - advisory bodies who are presented
with a voting conflict of interest uudcr Section 112.3143, Florida Statutes, The requirements of this law are mandatory; although
the use of this paniculdr form is not required by law, you are encouraged to use it in making the disclosure required by law.
Your responsibilities under the law when faced with a ineasure in which you have a conflict of interest will vary greatly depending
on whether you hold an electise or appointlsc position. For this reason, please pay close attention to the instructions on this form
before completing the re've'rse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elecn%c county, munlvtpal, or other local public oflice MUST ABSTAIN from voting on a measure which inure
to his special private gain Each Taal officer also I% prohibited from knowingly noting on a measure which inures to the specie
gain of a principal (other than a jo%ernineni agency) by whom he is retained.
In either case, you should disclose the conflict
PRIOR TO THE VOTE BEING TAKEN 'by publicly %canny to the assembly the nature of your interest in the measure or
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WITHIN IS DAYS AFTER THE VOTE OCCURS by completmg and filing this form with the person responsible for recording
the minutes of the meeting, *ho should incorporate the form in the minu .
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A person holding appointive county, muni(ipad, or other Imal public offs %e MUST ABSTAIN from voting on a measure whit
inures to his special private gam Fdih local 011iLef dtso I% prohibited from knowingly voting on a measure which mures to th
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A person holding an appointive to al office otherwise may paruclpate in a matter in which he has a conflict of Interest, but mu,
disclose the nature of the conflict before making any attempt to Innuence the decision by oral or %vntien communication, whetht
made by the officer or at his direction
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• You should complete and file this form (betorc making any attempt to influence the decision) with the person responsible
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• A copy of the form should be pro%ided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to conslderauon of the matter in which you have a conflict of inter
1001.0 .11 1.1"
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• You should disclose orally the nature of your coo ict in the measure before panicipalins.
• 1(ou should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
or the meeting. who should incorporate the form in the minutes.
DISCLOSURI OF LOCAL OFFICER'! INTEREST
herft disclose that on __- �}�.1�
19
(a) A measure came or will come before my agency which (check one)
inured to my special private gam: or
inured to the special gain of
by whom I am reta
(b) The measure before my agency and the nature of my interest to the measures 6 as
follows:
J%
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Date Filed Signature
NOTICE. UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIR
• DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWID
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SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000.
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