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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