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HomeMy WebLinkAboutMinutes Council 040584CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS APRIL 5, 1984 The Regular Meeting of the City Council of Palm Beach Gardens, Florida, was called to order by Mayor Martino at 8:00 P.M., in the Assembly Room, located within -the Municipal Complex at 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, Councilman Kiedis, and Councilman Aldred. Vice Mayor Monroe was not in attendance due to illness; Councilman Kiselewski was in attendance late, as he was in Washington, at a meeting with Congressman Tom Lewis. City Manager John Orr and Attorney William Brant were also in attendance. MINUTES: The minutes of the Special (Reorganizational) and Regular Meetings of March 15, 1984, and Workshop Meeting of March 22, 1984, were unanimously approved by the Council, as written. • ANNOUNCEMENTS: Mayor Martino announced that 7:30 P.M., on Tuesday, April 10, 1984, meetings will convene of the City's Planning and zoning Commission and Palm Beach Gardens Fire Department, Inc.; and the City's Beautification and Environmental Committee will hold their monthly meeting at 7:30 P.M., on Wednesday, April 11, 1984. ITEMS BY THE CITY MANAGER: The City Manager reported that: (1) Due to the availability of fixtures, there will be a delay of approx. 3 -4 weeks in lighting the City's jogging trail, as per the bid awarded; (2) the County will be replacing the bike Path~ where they are installing the center stacking lanes at the inter- sections along the Northlake Boulevard/Holly Drive segment of Military Trail; but will not be putting in a change order to continue the roadway improvement southward toward Northlake Boulevard; (3) The City's Community Center had a leaky roof during last week's rainstorm, and the stage floor is insufficient, which the City Manager and City Attorney will keep the Council advised on; and (4) The State Legislators are considering RB853 and SB461 relating to Chapter 185 - Police Officers' Retirement, along with HB854 and SB4G3 relating to Chapter 175- Firemen's Retirement, which would, if enacted as written, impose a significant financial burden on the City. City Council Regular Meeting, 4/5/84 Page 2 REPORTS: Councilman Aldred reported that he attended the City's Code Enforcement ®COUNCILMAN Board meeting on Wednesday, April 4, 1984; and the minutes will be placed ALDRED on file in the City Clerk's office. COUNCILMAN Councilman Kiedis reported on the meeting he attended of the City's Site KIEDIS Plan and Appearance Review Committee. The minutes of this meeting will be placed on file In the City Clerk's office. MAYOR MARTINO Mayor Martino reported that on behalf of the City, he attended the County School Board Biracial Committee Meeting at the PBGHS; and he substituted for Councilman Kiselewski this morning, attending the meeting of the. P. B. County Metropolitan Planning Organization. ITEMS BY THE MAYOR AND COUNCIL: COUNCILMAN Councilman Kiedis requested that the members of our Police Department KIEDIS better enforce the City's regulation~ re: parking on the City's streets. MAYOR MARTINO Mayor Martino will send a communication of response to Mr. William R. Walsh, State DOT District Traffic Operations Engineer, expressing the City's concerns re: permitting the use of tandem trailer trucks. SThe Mayor acknowledged the March 31, 1984 communication of Mr. Sam Shannon, Executive Director of the Treasure Coast Regional Planning Council, advising that the Planning Council, at their meeting of March 16, 1984, voted to take no appeal of the Development Order for the Bankers Land Company Regional Center. As requested, a certified copy of the Development Order, as adopted in final form by the City, was forwarded. In response to Mayor Martino, the City Manager advised that per his conver- sations with Mr. Charlie Walker, Palm Beach County Traffic Engineer, a traffic signal will be installed at the intersection of Northlake Boulevard and Sandtree Drive in the near future. The Kroh Brothers Development Company's successors, if any, of the "Northlake Trade Center" PUD approved by the City for the southwest corner of Sandtree Drive & Northlake Boulevard will assume their City - imposed responsibility to contribute toward the cost of this light. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA: MR. SAMUEL, Mr. Samuel Carsillo, 10063 Dahila Ave., PB;, addressed the Council re: the ® CARSILLO City being divided into districts for the five Council seats; a City -owned library; the location of a full- service Post Office in the City; the location of a Fire Sub- station east of the railroad tracks; the present location of the fire lanes at the "Gardens East Shopping Center "; the City Council Regular Meeting, 4/-Y 84 Page 3 quantity of handicap parking stalls at "Gard =ns Square "; and the overlaying ® of City streets. RESOLUTIONS: B, the concurreuce of the council, the City Clerk read, in full, Resolution RESOLUTION 19, 19, 1984, reappointing "Meyer Kesner" and "George Duncan" members of the IT92�__ City's Merit System Board. Resolution 19, 1984, was unanimously adopted by the Council. RESOLUTION 24, By the concurrence of the Council, the City Clerk read, in full, Resolution 1984 24, 1984, a "rewrite" of Section 11 -26 of Article III of the City's Fire Code regulating the location of fire hydrants. Resolution 24, 1924, was unanimously adopted by the Council. RESOLUTION 25, By the concurrence of the Council, the City Clerk read, in full, Resolution 25, 1984, with the time frame "SIX (6) MONTHS" inserted in the stead of "TWO (2)-YEARS" in the heading paragraph. The Council unanimously adopted Resolution 25, 1984, granting Emergency Medical and Safety Supply, Inc. permission to locate a storage trailer on the rear of the premises at 10475 Riverside Drive as a Temporary Conditional Use. RESOLUTION 26, By the concurrence of the Council, the City Clerk read, in full, Resolution 1977 26, 1984, appointing "Bob Marts" a member of the Board of Trustees of the 0 Policemen's Retirement Trust Fund to fill the unexpired term of Michael Schroeder. Resolution 26, 1984, was unanimously adopted by the Council. RESOLUTION 27, By the concurrence of the Council, the City Clerk read, in full, Resolution 27, 1984, exercising the City's option to renew the exclusive contract with County Sanitation to collect garbage until October 31, 1989. Resolution 27 1984, was unanimously adopted by the Council. RESOLUTION 28, By the concurrence of the Council, the City Clerk read, in full, Resolution 1984 28, 1984, opposing the adoption of a "Municipal Sunset Law" being proposed for adoption by the Florida Legislature. Resolution 28, 1984 was unani- mously adopted by the Council. ORDINANCES: Mayor Martino declared the Public Hearing open, which was duly recessed ORDINANCE 6, at the Regular Meeting of March 14, 1984, and held on the intent of 1984 Ordinance 6, 1984, providing for a substitute 30 -year franchise agreement with Florida Power and Light Company. The City Manager explained that this franchise agreement differs from the ® 30 -_year one adopted April 25, 1966 by Ordinance 0 -0 in that it provides for the City to receive 6% of their revenues monthly, rather than annually; and it applies to industrial customers :n addition to residential and commercial. City Council Regular Meeting, 4/5/84 Page 4 The City Clerk reported that, in conformity with Section 18.5 of the ® City's Charter, Ordinance 6, 1984, has been posted publicly in full, entitled "A Propr;ed Ordinance of the City of Palm Beach Gardens Granting a Public Franchise', at four conspicuous places of the City since its first reading on February 16, 1984. The Public Hearing on the Council's consideration of adoption of the Ordinance was duly published in a newspaper of general circulation on February 21, 1984; and posted during the period between the first and second readings in accordance with Section 18 -4. of the City's Charter. Members of the audience did not address the Council re: their consideration of adoption of Ordinance 6, 1984. The Mayor declared the Public Hearing closed. By a motion made by Councilman Aldred, seconded by Councilman Kiedis, and unanimously adopted, the City Clerk read, by title only, on second and final reading, Ordinance 6, 1984. Ordinance 6, 1984, was duly passed by the Council by a motion made by Councilman Kiedis, seconded by Councilman Aldred, and unanimously adopted. • ORDINANCE 7, The Mayor declared the Public Hearing open, which was duly advertised 1984 March 16, 1984, and held on the intent of Ordinance 7, 1984, providing for the creation of the "Golden Bear Plaza" Professional Office PUD on the 11.818 -acre site of the formerly- approved "Oakbrook Square North" Office Park PUD on the east side of U.S. ail, north of "Oakbrook Square ". Mr. Robert B. Whitley, CeneralPartner of "Golden Bear Plaza Associates" referenced the minimum required 10' x 20' parking stall dimensions outlined in Section 2 of the Ordinance per the discussions at the Workshop Meeting of March 22, 1984; and explained they, in some cases, have satisfied the 20' depth requirement by providing 18' of asphalt with no wheel -stops and 2' of greenery. However, in such instances the cars will overhang the rsrbed medians, they have not included it in their open space calculations and the landscaping will be resistant to damage from the heat /leakages of automobiles. By the concurrence of the Council, the verbiage "of which two feet (2') may be green space" was added to the end of the second from the last sentence of Section 2; and, the word "first" was inserted in the stead of the word "front" in Sub - paragraph (a) of Section 3. Members of the audience did not address the Council re: their consideration of adoption of Ordinance 6, 1984. The Mayor declared the Public Hearing closed. City Council Regular Meeting, 4/5/84 Page 5 By a motion made by Councilman Kiedis, seconded by Councilman Aldred, and unanimously adopted, the City Clerk read Ordinance 7, 1984, on second and final reading, by t o le a,d the amendments incorporated i ^to the Ordinance since its first reading. Ordinance 7, 1984, was adopted by the Council by a motion made by Councilman Aldred, seconded by Councilman Kiedis, and unanimously passed. ORDINANCE 8, Mayor Martino declared the Public Hearing open, which was duly advertised February 21, 1984, and held on the intent of Ordinance 8, 1984, modifying the site and elevation plans for the PUD, with underlying zoning of CG -1, General Commercial, created October 20, 1983 by Ordinance 10, 1983, on two contiguous parcels totalling .42 acres on both sides of "Bomar Drive ", north of PGA Boulevard, west of U.S. 111. Mr. Rudy Arsenicos, Architect and authorized agent for Dr. Joseph Giurato, DVM, addressed the Council reviewing the revised south elevation plan for the now proposed two -story 4,992 sq. ft- building, submitted per the request of Councilman Kiedis at the Workshop Meeting of March 22, 1984. Mr. Arsenicos explained that rotating the building providing for the front elevation to be parallel to PGA Boulevard, the closest the building founda- tion will be to the east property line will be 2.48' at the extreme north end and 5.5' at the extreme south end. Mayor Martino noted that concerns of the City's Planning & Zoning Commission and Site Plan & Appearance Review Cornnittee re: the plans for this project increased in height to two stories and in size by 2,592 square feet have been responded to. The City Attorney advised that the petitioner /owner has now complied with the requirements of Ordinance 10, 1983, pertaining to dedication of road right -of -way easements and unity of title as to the lands. Members of the audience did not address the Council re: their consideration cf adoption of Ordinance 8, 1984. The Mayor declared the Public Hearing closed. Per the concurrence of the Council, the verbiage "and south elevation plan of building, dated April 2, 1984" was inserted after the words "Site Plan" in the ninth line of the heading paragraph and the second line of Section 1. City Council Regular Meeting, 4/5/84 Page 6 By a motion made by Councilman Aldred, seconded by Councilman Kiedis, and ® unanimously adopted, the City C1Ark read, by title only, on second and final reading, Ordinance P, 1984, as modified. By a motion made by Councilman Kiedis, seconded by Councilman Aldred, and unanimously passed, Ordinance 8, 1984, was adopted as read by the City Clerk. ITEMS FOR DISCUSSION: COUNCILMAN Councilman Aldred referenced the March 21, 1984 communication of Mr. ALDRED William W. Soverel, President of Soverel Marine, Inc., responding to "LIVE ABOARDS" "live aboards" at the Harbor being in violation of the City's current AT MARINAS commercial zoning property; g of the p p ert y; and requesting that enforcement be waived until a determination is made on the request they are preparing for a variance or change in our zoning to permit such. Modifying the City's Code to permit restricted "live aboards" will be an item for workshop at a meeting in the near future. COUNCILMAN Councilman Kiedis requested that the City's advisory boards be more KIEDIS specific in their recommendations to the Council {i.e., take each facet/ set SPECIFICS FROM of plans and get a consensus of the boards). ADVISORY BOARDS At 9:12 P.M., Councilman Kiselewski was in attendance. PETITIONS AND COMMUNICATIONS: Mayor Martino acknowledged receipt of communications from: ATTORNEY DAVID 1. Attorney David M. Shaw, dated March 26, 1984, concerning the general M. SHAW aviation airport proposed for west of our City. MICHAEL R. 2. Michael R. Kennedy, Vice President of the PBGYAA, dated March 26, 1984, KENNEDY thanki:.g the City's Recreation Department for their support and help during the PBGYAA baseball and softball bazaar and flea market. AD.=RNMENT. With no further business, the meeting adjourned at 9:16 P.M.. MAYOR MARTINO ® VICE MAYOR MONROE CITY CLERK COiNCILMAN KIEDIS COUNCILMAN ALDRED COUNCILMANN ISELEWSKI