HomeMy WebLinkAboutMinutes Council 120690a�
CITY COUNCIL
REGULAR MEk;TING
CITY OF PALM BEACH GARDENS
DECEMBER 6, 1990
The Regular Meeting of the City Council of the City of
Palln 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,
Fl-cida; and opened with the Pledge of Allegiance to the
Flag led by Brandon Andersen, an Eagle Scout candidate.
ROLL CALL
The 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
Planning & Zoning Commission on Tuesday, 12/11/90 at 7:30
P.M. in the Council Chambers, a meeting of the
Beautification & Environmental Committee on 12/:2/90 at
7:30 P.M. in the Communiti Center, a meeting of the,
Firemen Retirement Trust Fund Board on 12/13/90 at 7:30
P.M. at the Central Fire Station, a meeting of the Ar}
Advisory Board on 12/17/90 at 6:30 P.M. in the Council
Chambers and a meeting of the oolicemen Retirement Trust
Fund Board on 12/18/90 at 6:30 P.M. at the Central Fire
Station.
PRESENTATIONS
Mayor Martino made a presentation, to Barbara Daniels,
Building Department, for ten years of service to the City.
Mayor Martino made a presentation to Christy Murphy, Parks
& Recreation Department, for ten years of service to the
City,
a�
* COUNCIL REGULAR MEETING, 12/6/90
PAGE 2
works Department, for fifteen years of service to the
City.
CALL FOR BIDS Per the recommendation by the City Manager, Councilman
Kiselewski made a motion to award the bid to Trail Ford
ITEMS BY CITY MANAGER
NORTH PALM BEACH
ANNEXATION PLANS
11
Tractor for $13,363.00 for a new 1991 Ford Diesel Truck,
as opened and read at the 11/15/90 Regular Meeting, with
the money to be taken from account #15- 64.20, seconded by
Vice Mayor Aldred. The motion was unanimously approved by
the City Council.
The City Manager reported North Palm Beach is attempting
to annex the Twelve Oaks Condominium, Portage Landing and
Hidden Key. The City Manager stated the Hidden Key
Condos, which is within the City of Palm Beach Gardens,
blocks the process of North Palm Beach annexing Hidden
Key. The City Manager stated North palm Beach wanted to
annex Lost Tree village at the same time. The City
Manager stated the City of Palm Beach Gardens would need
to de -annex the Hidden Key Condos for North Palm Beach to
proceed with their annexation plans, however, that would
cap the City of Palm Beach Gardens' eastern annexation
possibilities.
Councilman Kiselewski was concerned whether the Hidden Kpy
Condo residents have been contacted to determine if they
would like to be in Palm Beach Gardens or North Palm
Beach.
C COUNCIL REGULAR MEETING, 1216190
PAGE 3
in response to Councilman Kiselewski, Attorney Baldwin
stated de- annexation of Hidden Key Condos would require a
referendum.
Councilman Kiselewski made a motion authorizing Mayor
Martino to write a letter advising the Village of North
Palm Beach that the City of Palm Beach Gardens does not
have an objection to the annexation of Twelve Oaks
Condominium, however, there are legal concerns regarding
the Hidden Key area, and suggest the Car wash on U.S.
Highway One be returned to Palm Beach Gardens; seconded by
vice Mayor Aldred. The motion was unanimously approved by
the City Council.
HALL PAINTING
The City Manager recommended presenting a plague and a Key
to the City to General Caulking and Coatings Co., Inc. for
painting the City Complex.
PUBLIC GOLF,COURSE
The City Manager referred to his memo to the City Council
of 12/4/90 regarding appointing a three member board to
determine a plan of action for the first two years of
operation of the golf course, which should be reaay for
play by May. The City Manager stated an enterprise fund
would be set up to handle the operation of the golf
course.
Councilman Kiselewski made a motion to approve the
recommendation of the City Manager, with the amendment
that a five member board be comprised of three residents
at large, one member from the City Council and one mo;nber
COY COUNCIL REGULAR MEETING, 1216190 PAGE 4
from aaministration, seconded by Councilwoman Monroe.
The City Manager stated names will be submitted at the
Regular Meeting of 12/20/90, for the City Council to make
appointments.
The motion was unanimously approved by the City Council.
EMPLOYEE XMAS PARTY The City Manager reported the Employee Christmas Party
will be held Friday night, 12/7/90.
1400D ROAD ALIGNMENT The City Manager reported he met with the County Wednesday
on the Hood Road extension. The mediation process is
moving forward and he will keep the Council informed
REPORTS AND ITEMS BY
THE MAYOR AND COUNCIL
MAYOR MARTINO Dennis Koehler, agent for Prosperity Oaks Nursing Home,
addressed the City Council requesting a color change of
the soffits of the roofing materials. Mr. Koehler stated
Resolution 55, 1990, required every element of the roofing
material of the structure to be rustic red. Mr. Koehler
stated the suppliers could not produce soffits in the
rustic red color because the standard color is white. Mr.
Koehler stated the facia and the roof material will remain
the rustic red, however, requested a change to white
soffits.
Councilman Kiselewski made a motion for clarification on
interpreting the roofing materials in Resolution 5», 1990,
as being rustic red color for the roof and facia and white
for the soffits; seconded by Councilwoman Monroe. The
motion was unanimously approved by the City Councii.
COUNCIL REGULAR
MEETING, 12/6/90 PAGE 5
Mayor Martino complimented the Parks & Recreation
Department for the Holiday Banners around the City and
encouraged their future use.
Mayor Martino advised the City Council of a Workshop
Meeting on the Countywide Environmentally Sensitive Land
ordinance on Tuesday, 12/11/90 at 2:00 P.M. Mayor Martino
reported he and representatives from eleven other
municipalities will attend the workshop meeting to present
their comments to the County Commissioners,
COUNCILWOMAN MONROE
Councilwoman Monroe reported attending the Code
Enforcement Board meeting. Councilwoman Monroe reported
the Board received a letter from Palm Beach Gardens Square
Aft
Shopping Center requesting approximately $80,000 in fines
oe settled for a lump sum of $2,500.
The City Manager recommended directing the City Attorney
to file a li -n for the outstanding fines.
Councilman Kiselewski made a motion to authorize the City
Manager to work with the City Attorney to file a lien on
the property at Palm Beach Gardens Square to protect the
City's interest regarding the fines imposed by the Code
Enforcement Board; seconded by Councilwoman Monroe. The
motion was unanimously approved by the City Council.
COUNCILMAN KISELEWSKI
Councilman Kiselewski reported on his resignation from the
Solid Waste Authority, and his reasons for same.
Councilman Kiselewski reported he has been appointed
Chairman of the State MPOMAC.
COUNCIL REGULAR
MEETING, 12/6/90 PAGE 6
iuehalf of the City Council and the
residents of Palm Beach Gardens, thanked Councilman
Kiselewski for his efforts on the Solid waste Authority
Board.
CONSENT AGENDA
Councilwoman Monroe made a motion to approve the following
items on the Consent Agenda, seconded by Councilman Russo.
Per a unanimous vote of the City Council, the following
items on the Consent Agenda were approved and adopted:
1. Approval of Minutes of Regular Meeting, 11/1/90.
2. Approval of Minutes of Special Regular Meeting,
11/8/90.
3. Approval of Minutes of Regular Meeting, 11/15/90.
4. Resolution 160, 1990 - Approval of Plat for The Oaks
PUD, approved 11/16/89 by Ordinance 31, 1989, and
amended by Resolution 60, 1990, and Resolution 140,
1990.
S. Resolution 161, 1990 - Approval of Plat for The Oaks
PUD Core Road, approved 11/16/89 by Ordinance 31,
1990.
RESOLUTIONS
RESOLUTION 111, 1930
Councilman Kiselewski made a motion to adopt Resolution
111, 1990, appointment /reappointment of two members to the
Recreation Advisory Board with Ronnye L. Sands as a
regular member and Sandra K. Gottlieb as an alternate
member, seconded by Councilwoman Monroe. The motion was
unanimously approved by the City Council.
RESOLUTION 148, 1990
Rich Walton, Director of Planning and Zoning, addressed
the City Council and briefly reviewed Resolution 148,
1990, amendmeLt to PGA National Resort Community Commerce
Park. Mr. Walton stated on page 3, Section 1, #16, should
®
read "in conditions 7 and 8". Mr. Walton stated all
rALV COUNCIL REGULAR MEETING, 12/6/90
PAGE 7
_crxu? t-o:"is wii :.C:t nave been discussed at workshop are now
included in Resolution 148, 1990.
Councilman Kiselewski questioned Condition #14 stating he
preferred be silent on the issue and let the Sign
Ordinance prevail.
Councilman Riselewski made a motion to amend Condition #14
as follows: "Signage shall be in accordance with the
present Sign Ordinance unless modified by the City Council
at the time of the Site Plan Review. ", seconded by vice
Mayor Aldred. The motion was unanimously approved by the
City Council.
Hank Skokowski of Urban Design Studio, representative of
PGA National venture Ltd., addressed the City Council
refuting a letter which had been circulated concerning PGA
National Commerce Park. Mr. Skokowski stated the
Petitioner is requesting 1) a re-- subdivision with a
minimum of one acre lot size and 2) expanded uses to
include offices, which allows offices in non - office
buildings. Mr. Skokowski requested the City Council
incorporate additional language in Condition #12 as
follows: "Limited light industrial operations shall
include the following: 1. wholesale sales and
distribution exclusively available to trades or vendors
for the purposes of resale to consumers. wholesale or
retail sales to the general public are specifically
prohibited. 2. Repair services exclusively available to
(AKY COUNCIL REGULAR MEETING, 12/6190
PAGE 8
trod,-, or va.,d=ui-s, or ancillary to permittea manufacturing
and processing uses. Repair services to the general
public are specifically prohibited."
Councilman Kiselewsxi made a motion to incorporate the
language read into the record by Mr. Skokowski be into
Condition #12; seconded by vice Mayor Aldred. The motion
was unanimously approved by the City Council.
Councilman Yiselewski made a motion to adopt Resolution
148, 1990, amendment to PGA National Resort Community
Commerce Park, as amended; seconded by vice Mayor Aldred.
The motion was unanimously approved by the City Council.
RESOLUTION 149, 1990
Councilman Y.iselewski made a motion to adopt Resolution
149, 1990, appointment /reappointment of James E.
Leatherman. Joseph, A. Hamzy, Jr. and Carl Sabatello as
regular members and Rebecca Serra and Jack White as
alternate members to the Planning and Zoning Commission;
seconded by Councilwoman Monroe. The motion was
unanimously approved by the City Council.
RESOLUTION 154, 1990
Tne City Manager reported the Merit Board had made two
recommendations re: health insurance for retired
employees, as follows: 1) the City to contribute from 50%
to 60% of employee cost only with 10 -15 years of service,
or 2) the City contribute from 40% to 50% of employee cos'.
only with 10 -15 years of service. Both options would
increase by n a year.
®
Councilwoman Monroe stated she would prefer to pay 5096 of
CrY COUNCIL REGULAR MEETING, 12/6/90 PAGE 9
�p Supplemental meaicare Insurance.
After further discussion regarding retirement age, the
City Council postponed Resolution 154 1990, amending
Section XVII -H Medical insurance- Retirement of the Merit
Systems Rules and Regulations until further information
could be provided by the City Manager.
RESOLUTION 157, 1990 Mayor Martino declared the Public Hearing open, which was
duly advertised 11/21/90, and held on a request for a
variance to the Sign Code at the Gulf Station located on
Alternate A -1 -A and Lighthouse Drive.
Alan Ciklin, representative for Petitioner, addressed the
City Council requesting a variance to the 15' front yard
setback of 6' and a variance to the land area requirement
around the sign of 1' and a 3' variance on the east side.
In response to Councilman Kiselewskl, Mr. Ciklin stated
the existing sign's height is 10' and the new sign will be
smaller by approximately 3" or 4" in height and
approximately 2' narrower.
There being no further comments from the public, Mayor
Martino declared the Public Hearing closed.
Councilman Kiselewski made a motion to adopt Resolution
157, 1990, variance to Sign Code, Gulf Station located at
Alternate A -1 -A and Lighthouse Drive; seconded by
Councilman Russo. The motion was unanimously approved by
the City Council.
_* L,UTION .58, 1990
Mayor Martino declared the Public Hearing open, which was
* COUNCIL REGULAR MEETING, 1216190
PAGE 10
Duly idveLi,!Ge6 on 11/21/90, and held on a request for a
variance to the Sign Code at the Gulf Station located at
Northlake Boulevard and 2 -95.
Alan Ciklin, representative for Petitioner, addressed the
City Council requesting a variance of 100' on the 300'
frontage road requirement and a variance to the 50' side
yard requirement of 40'.
There being no further comments from the public, Mayor
Martino declared the Public Hearing closed.
Councilman Kiselewski made a motion to adopt Resolution
158, 1990, variance to Sign Code, Gulf Station located at
Northlake Boulevard and I -95; seconded by vice Mayor
Aldred. The motion was unanimously approved by the City
Council.
RESOLUTION 159, 1990 Rich Walton, Director of Planning and Zoning, addressed
the City Council stating staff is in agreement with the
minor amendment to Ordinance 31, 1989, Divosta Office
Building PUD, regarding the signage request.
Howard Ferrin of Ferrin Signs, addressed the City council
stating the color of the face of the letters will be
bronze to match the glass; the sides of the letters will
be painted the color of the building; and the sign's face
will not be facing any residential arec.
Councilman Kiselewski objected to the placement of the
sign and the number of signs requested, as it exceeded the
requirements set forth in the Sign Ordinance.
W COUNCIL REGULAR MEETING, 12/6/90
PAGE 11
_,or a ci wne City Council, the Petitioner's
request for three signs on the building, was reduced to
two signG, to be placed on the northeast and northwest
sides of the building.
Per a consensus of the City Council, approval was given
for the placement of the signs at the top of the building.
The City Council directed the following amendment to
Resolution 159, 1990: Section 1 #1, is to read: "A Site
Plan prepared by Cutler Southeast revised 10/5/90, marked
Design No 90269 -C., as amended."
The Petitioner was directed to bring the Site Plan in
conformance with the decisions made this evening and to
®
submit the revised Plans to the Planning and Zoning
Department. Resolution 159, 1990 will be considered for
adoption at the Council meeting of 12/20190.
ORDINANCES
ORDINANCE 29, 1990
Mayor Martino declared the Public Hearing open, which was
duly advertised on 11/21/90 and held on the intent of
Ordinance 29, 1990, rezoning a 40 acre site from Palm
Beach County Zoning Designation of Agricultural
Residential with a Special Exception to allow for a water
treatment plan to Palm Beach Gardens zoning designation of
GU- Governmental lisp located at 4200 Hood Road, 36-41S-
42E.
There being no cor�Fents from the public, Mayor Martino
®
declared the Public Hearing closed.
C�IY COUNCIL REGULAR MEETING, 12/5/90 PAGE 12
1� Cuuncilwow,in :iuurue was concerned with the lack of
landscaping around the site.
Mayor Martino complimented Mark Hendrickson on the memo to
rile. Mayor Martino felt the landscaping problem can be
covered when future phases are brought in for approval.
Per a consensus of the City Council, the City Clerk read,
on second and final reading, by title only, Ordinance 29,
1990.
Vice Mayor Aldred made a motion to approve and adopt
Ordinance 29, 1990; seconded by Councilwoman Monroe.
rezoning from Palm Beach County zoning designation AR /SE,
Agricultural Residential with a Special Exception to allow
expansion of existing commercial horse stables to RS -1,
Single Family Residential, together with a Conditional
Use, for the purpose of a church and preschool, with the
preschool to be used in conjunction with the church usage.
Council will consider second reading and adoption of
Ordinance 30, 1990, at the Regular Meeting of 12/20/90.
ORDINANCE 31, 1990 Per a consensus of the City Council, the City Clerk read,
by titJ_e only, on first reading, Ordinance 31, 1990,
amending standards for City's Fire Protection and
Prevention Code. Council will consider second reading and
adoption of Ordinance 31, 1990, at the Regular Meeting of
The motion was
unanimously approved
by the City Council.
ORDINANCE 30, 1990
Per a consensus
of the City Council,
the City Clerk read,
49
by title only,
on first reading, Ordinance
30, 1990,
rezoning from Palm Beach County zoning designation AR /SE,
Agricultural Residential with a Special Exception to allow
expansion of existing commercial horse stables to RS -1,
Single Family Residential, together with a Conditional
Use, for the purpose of a church and preschool, with the
preschool to be used in conjunction with the church usage.
Council will consider second reading and adoption of
Ordinance 30, 1990, at the Regular Meeting of 12/20/90.
ORDINANCE 31, 1990 Per a consensus of the City Council, the City Clerk read,
by titJ_e only, on first reading, Ordinance 31, 1990,
amending standards for City's Fire Protection and
Prevention Code. Council will consider second reading and
adoption of Ordinance 31, 1990, at the Regular Meeting of
COUNCIL REGULAR MEETING, 1215/90 PAGE 13
if.ii 31 •
ITEMS FOR DISCUSSION
SURGICENTER PUD
Rich Walton, Director of Planning and Zoning, addressed
the City Council regarding a petition by Michael D.
Schorah and Associates, Inc., agent for North Palm Beach
Surgery Center Ltd., to change the Comprehensive Land Use
Plan Designation for a 2.03 acre site from Industrial to
PO. Mr. Walton stated the site is located immediately
east of I -95 on Burns Road. Mr. Walton stated there was a
previously approved site plan for a Divosta Office
Building on this site. Mr. Walton stated North County
Surgery Center Ltd. has purchased this site and wants to
build medical offices. Mr. Walton stated Petitioner is
also requesting simultaneous rezoning to PUD from the MI-
A Light Industrial Zoning and the Site Plan would allow
for a 29,000 square foot, two- story building, to be used
for a surgery center. Mr. Walton stated the Petitioner is
proposing to build this project in two phases, with the
first phase being the first- floor. The second phase,
which would be the second story, would be built at a later
date. Mr. Walton stated the .first floor construction,
consisting of 14,500 square feet, would include 93 parking
spaces and installation of all landscaping materials. Mr.
Walton stated phase two would add an additional 52 parking
spaces as require:/ by code. Mr. Walton stated the second
floor has been proposed for medical office space or
COUNCIL REGULAR MEETING, 12/6/90
PAGE 14
,dd44ioiai suzgicai facilities. Mr. Walton stated the
Site Plan Appearance Review Committee approved a 29,142
square foot building in April, 1989, and received a one
year site plan extension in March 1990. Mr. Walton stated
the original site plan had an approval for 9' x 18'
parking spaces which Petitioner is trying to maintain.
Mr. Walton stated Petitioner is proposing normal hours of
operation being from 7 :00 A.M. to 5:00 P.M., Monday
through Friday, however, on occasions patients may need to
stay later based on time needed to recover from surgery.
Mr. Walton stated David Getz recommended approval of this
request since the site plan is similar to the earlier
® approval for the DiVosta Office Building and the net
increase of 171 trips per day is below the threshold of
the Countywide Traffic Pe-formance Standards. Mr. Walton
stated the Planning and Zoning Certunission recommended
approval with 8 conditions, and stated condition #7
provides that medical office use shall not be allowed for
the second storv.
Mike Schorah, agent for Petitioner, addressed the City
Council stating this would make the loth facility of this
kind in Florida. Mr. Schorah stated even though the first
floor would be the only construction at this time, the
Petitioner is requesting approval for both the first and
second floor. Mr. Schorah stated the three sides of the
® existing wall will remain, however, the front side of the
COUNCIL REGULAR MEETING, 12/6/90 PAGE 15
® wall w].:.1 Le :E ;uiWCd.
Mr. Schorah introduced Bill McCracken of MCI, who
addressed the City Council stating this surgicenter is
owned by 29 physicians in the community and Medical Care
International as the General Partner. Mr. McCracken
stated this is a good site for the surgicenter because of
the close location to the hospital and the doctors'
offices. Mr. McCracken stated they do outpatient surgery,
elective surgery, with no emergencies coming to the
center. Mr. McCracken stated there are approximately 20
to 25 surgeries performed per day. Mr. McCracken stated
they would prefer to place more surgery space on the
second floor rather than offices. Mr. McCracken stated
their first choice for the second floor is for the
expansion of the surgicenter and did not have a problem
with the Planning and Zoning Commission's condition. Mr.
McCracken stated if they decided to put anything other
than additional surgery space on the second floor, they
would be willing to come back and obtain approval.
to response to vice Mayor Aldred, Mr. McCracken stated
gynecology cases, cataract surgery, gall bladder removals,
and tonsillectomies are types of surgeries performed.
Dr. Ed Smokler, Medical Director of the Surgicenter of the
Palm Beaches, addressed the City Council and detailed
different surgeries performed on an outpatient basis.
® In response to Councilman Kiselewski, Larry Custin,
COUNCIL REGULAR MEETING, 12/6/90 PAGE 16
A(3wi nistra.;;L of Lhe Surgicenter in West Paim Beach,
ALARM PERMIT FEES
0
PALM BEACH COUNTY
LAND USE AMENDMENTS
CHEVRON STATION
11
stated the Surgicenter has a state license contract with a
state licensed medical waste disposal company to handle
the hazardous waste with regards to HRS requirements.
There was a consensus of the City Council for the
Petitioner to proceed with a one story building now, with
lU' wide parking spaces. A second story additional could
be evaluated at a future date.
There was a consensus of the City Council for Councilman
Russo to draft Ordinance changes regarding the alarm fees.
The City Manager stated the change would require changing
99.22 and in 99.23 delete excessive and dual and add home
smoke detectors as exempt.
The Council directed Richard Walton, Director of Planning
and Zoning, to daft a response to the County for proposed
land use amendments, incorporating the thoughts of the
City Council.
Referencing Lhe re- modeling of the gas station, west of I-
95 on the north side of Northlake Boulevard, Councilman
Kiselewski felt the 60` high sign should be removed to
bring it in compliance with the sign code. Councilman
Kiselewski requested assurances that the service station
would meet all codes of the City.
The City Council directed the City Attorney to investigate
the possibility of having the hot -dog truck across from
PGA National removed event though it falls within the