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HomeMy WebLinkAboutMinutes Council 031584CITY COUNCIL REGULAR MEETING CITY OF PALL BEACH GARDE'IS MARCH 15, 1984 The Regular Meeting of the City Council of Palm Beach Gardens, Florida, was called to order by Mayor Martino at 8:25 P.M. in the Assembly Room, located within the Municipal Complex at 10500 North Military Trail, Palm Beach Gardens, Florida. MINUTES: The minutes of the Regular Meeting of March 1, 1984, and the Workshop -- Meeting of March 8, 1984, were unanimously approved by the Council, as written. ITEMS BY THE CITY MANAGER: AWARDING OF Per the recommendation of the City Manager, the City Council unanimously T LIGHTING THE HE CITY'S adopted a motion awarding the bid received March 8, 1984, from Helser JOGGING TRAIL Electric, PBG, for lighting the City's jogging trail on the south side of Burns Road, east of Military Trail - the $12,990 to be taken from Account 0 01 -59.10 (Council Contingency). PURCHASE OF NEW Per the recommendation of the City Manager, the City Council, in an EMERGENCY GENERATOR emergency measure, unanimously adopts- a motion authorizing him to, without exercising the sealed bid process, expend an amount not to exceed $13,000 to replace our emergency generator that expired by purchasing a 65 KW propane tank emergency generator for the City's MunLcipaL Complex and Central Fire Station. The purpose of this generator is to provide electricity in the event of a major power outage. The one available and presently /temporarily in use is not sufficient for safety in the event of a major power outage, as it will only operate less than 24 hours and has to be manually cut off. The sealed bid process alone takes approximately six weeks; and should the City have a major electrical power failure, the emergency operation of the City would be restricted. An emergency generator has been located, for purchase, that can be delivered within 2 -3 days. DELIVERY OF The City Manager advised that our newly - purchased 1970 re -built aerial NEWLY - PURCHASED ®AERIAL LADDER ladder truck was delivered Friday, March 9th. The dedication is planned TRUCK for some time in April. • 0 City Council Regular Meeting, 3/15/84 Page 2 REPORTS: Councilman Kiselewski reported on the meeting he attended of the City's COUNCILMAN Beautification and Environmental Committee last night. The Committee KISELEWSKI further discussed rbe liar " ^r Landscape Plan for the City cnc proposing to the Council the possibility of a City -owned plant nursery. In response to Councilman Kiselewski, the City Manager advised that, per his understanding, there is an organization of church members within the City and the area surrounding us that is trying to retain the Hetzel Brothers Christmas and Easter Pageants either at the location where they have taken place for the past several years on the northwest corner of MacArthur and Northlake Boulevards or some place else. He is unsure of the status of this; but he believes they were having some conversations with Bankers Land Company, the owner of the majority of the vacant lands in the area, including the present site; and they are trying to take over the pageants as a separate operation than it was before. COUNCILMAN Councilman Aldred reported that last Snt,irdnv he .attended the Palm Beach ALDRED Gardens High School's Basketball game at the Lakeland Civic Center at Ghich they became the State Champions. A proclamati,.. c,ovnizlnv the team will be read at a meeting in the near future. MAYOR Mayor Martino reported that he attended the meeting of the City's Zoning MARTINO Board of Appeals last night at which the variance request to increase the height of the "Loehmann's Plaza" identifying sign was denied unanimously. ,Mayor Martino reported that he, Councilman Kiselewski, and the City Manager attended the meeting held at our Community Center last evening on the General Aviation Airport proposed for location west of our City. At this meeting,the City Manager entered into the record on behalf of Council the fact they have not rendered any policy decision in regards to this subject. ITEMS BY THE MAYOR AND COUNCIL: COUNCILMAN Councilman Kiselewski voiced his pleasure that the City's electors KISELEWSKI approved the "Recreation Proposal" and "Water Control Proposal" on the City's March 13, 1964 ballot as Special Referendum questions. VICE MAYOR In response to Vice Mayor Monroe, the City Manager advised that the City's MONROE Code Enforcement Officer is following on the issue of g p people illegally residing on boats located at Soveral Marine zoned commercial / industrial. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA: SAMUEL Mr. Sama.el Carsillo, 10063 Dahlia Ave., PBG, congratulated the three CARSILLO incumbents re- elected to our City Council March 13, 1984. City Council Regular Meeting, 3/15/84 Page 3 Mr. Carsillo voiced concern re: the quantity of handicap parking stalls at the "Gardens Square Shopping Center "; and the location of the fire lane at the "Gardens East Shopping Center ". He also reported that there will be 150 - 200 Areca Palm trees planted - some landscaping the new parking lot located to the west of the City's Central Fire Station on Burns Road. MR. RALPH Mr. Ralph Giannetti, 4138 S. Jonquil Circle, PBG, addressed the Council GIANNETTI expressing displeasure that the Council placed before the City's electors the question of borrowing $300,000 to light "Gardens Park" when the City's Recreational Land /Facilities Fee account currently has a greater fund balance. Mayor Martino explained that the approximate $360,000 in the Recreational Land/Facilities Fee account was donated by developers of projects within the City; and are continuing to accumulate interest. After discussion, a decision was arrived at by a majority vote of the Council to offer to the public the opportunity co light the fields by paying for it by issuance of a General Obligation. The $300,000 outlined in the "Recreation Proposal" did not include interest on the loan. The City Attorney rendered the opinion that there is a serious legal question re: expending the full cost of lighting the fields with the monies in the Recreational Land/Facilities Fee account. They were collected from new subdivisions /developments, in lieu of the donation of lands for parks or playgrounds that would directly benefit their residents. The City's electors, by approving the "Recreation Proposal" did authorize the Council to borrow up to $300,000 for this purpose; however, the Council does have the prerogative to borrow less. The legal question is how much of the impact fees collected essentially from residents of new protects can be diverted from the Recreation Land/Facilities Fee account for a central facility. MR. THOMAS J. Mr. Thomas J. Schwartz, 4137 N. Ilex Circle, PBG, addressed the Council SCHWARTZ offering his observations re: the "Recreation Proposal ". Among the 20 -30 people het.tlked to that voted against it, the reason was because the $300,000 was available in the City's treasury; and they disapproved of the method of payment outlinedin the Special Referendum question. They made the observation that the over -1,000 people that voted in favor of the question did so because they wanted the lights; but many of the over -1,000 people that voted against it wanted the lights also - but did not like the method of payment. City Council Regular Meeting, 3/15/84 Page 4 Councilman Kiselewski offered that the Council is under an obligation as most of the funds now in the Recreation Land/ Facilities Fee account were collected from developers of projects east of the railroad tracks and in the Plat #4 area for parks they could not provide for their residents. The City should continue to build up the funds in the account, so that land can be bought for parks in the areas that contributed the funds. Mr. Schwartz offered that he checked with some land planners; and the projected population of the City indicates that the City does not have enough acreage for parks as yet. However, the people he talked to said they would rather spend the money on improving the City's existing parks rather than on land acquisition, as it is cheaper. MR. ALBERT In response to Mr. Albert Myers, 11811 Avenue of the PGA, PBG, the Council MY EHS advised that the City is paying 7�% annualized interest on the loan approved by the City's electors for the construction of the City's Community Activities Building. He noted that the monies in the City's Recreation Land/Facilities Fee account may be drawing more interest than the cost would be for the City to borrow the $300,000 for lighting "Gardens Park ". MR. CHESTER Mr. Chester Reeves, 11923 Hemlock Street, PBG, addressed the Council . REEVES offering that he agreed with Councilman Kiselewski's comments, and making the observatior that the current funds in the Recreation Land /Facilities Fee account were collected within the last couple of years and will continue to accumulate. He's eager for the lights to be installed now that the City's electors have approved the expenditure. IMPLEMENTATION Implementation of the "Recreation Proposal" and the "Water Control Proposal" OF "RECREATION PROPOSAL AND approved by the City's electors at the March 13, 1984 Special Referendum WATE' R�CON'TROL Election will be a topic of discussion at a Workshop Meating of the Council PROPOSAL" in the near future. RESOLUTIONS: During the discussion on Resolution 11, 1984, Mayor Martino related that of RESOLUTION 11, the seven members of the Comprehensive Land Use Plan Committee being con - 1984 sidered for reappointment, he had an objection to Mr. John Toshner's, who, too, was a candidate for the Group 1 seat in the City's March 13, 1984 General Election; and although he did not have a recommendation re: filling the vacancy his non - reappointment would create, he would probably be voting 0 against the passage of the Resolution as workshopped by the Council at their meeting of February 23, 1984. City Council Regular Meeting, 3/15/84 Page 5 Councilman Aldred stated for the record `hat Ordinance 14, 1983, was adopted by the Council October 6, 1983. Approximately six weeks ago, he became associated with "Globe U.S.A. of Florida, Inc." as Vice President of Administration and Finance. Accordingly, he will have a Conflict of Interest in voting on Resolution 16, 1984. He has discussed this with the City Attorney; and per his advice, he will vote on its adoption and file the form required by law indicating that he did have a conflict of interest at the time he voted. Attorney .Brant advised that the planning of the "Georgian Mews" PUD project was done in the Ordinance; and the Resolution adopting the Plat i5 ahsolutel mechanical. Consideration of the Resolution approving the Plat is not a policy decision; but rather, a procedural decision carrying out the mandate ® of the Ordinance. By the concurrence of the majority of the Council, the City Clerk read, • in full, Resolution 11, 1984, reappointing "Donald Vogel ", "Robert Hamner ", "Jeffrey ", °Jay "John "Seymour ", Ornstein Hamner", Toshner ", Fine and "James Wilson" members of the City's Comprehensive Land Use Plan Committee. A motion was made by Councilman Kiselewski, seconded by Vice Mayor Monroe, Resolution 11, 1984, be adopted as read by the City Clerk. During the discussion on the motion, Councilman Kiselewski, Council liaison to the Comprehensive Land Use Plan Committee, offered that Mr. Tos`.ner has one of the great influences in formulating some of the ideas in the Plan. Vote on motion to adopt Resolution 11, 1984: Vice Mayor Monroe, Councilman Kiedis, Councilman Aldred, and Councilman Kiselewski voted aye; Mayor Martino voted nay. Resolution 11, 1984 was adopted by the Council by a vote of four ayes and one nay. RESOLUTION 16, In response to Mayor Martino, Councilman Aldred confirmed that the Council's 964 consideration of Resolution 16, 1984, approving the plat for the "Georgian Mews" multi - family PUD, was stricken from their March 1, 1984 agenda as the • plat presented did not adequately correspond with the site plan approved. However, this and all other conditions set forth in Ordinance 14, 1983, which created this PUD, have now been met by the developer, "Globe U.S.A. of Florida, Inc. ". Councilman Aldred stated for the record `hat Ordinance 14, 1983, was adopted by the Council October 6, 1983. Approximately six weeks ago, he became associated with "Globe U.S.A. of Florida, Inc." as Vice President of Administration and Finance. Accordingly, he will have a Conflict of Interest in voting on Resolution 16, 1984. He has discussed this with the City Attorney; and per his advice, he will vote on its adoption and file the form required by law indicating that he did have a conflict of interest at the time he voted. Attorney .Brant advised that the planning of the "Georgian Mews" PUD project was done in the Ordinance; and the Resolution adopting the Plat i5 ahsolutel mechanical. Consideration of the Resolution approving the Plat is not a policy decision; but rather, a procedural decision carrying out the mandate ® of the Ordinance. City Council Regular Meeting, 3/15/84 Page 6 In response to Councilman Kiselewski, Attorney Brant advised that the ® process of adopting a plat for a PUD project is required by law prior to recording. Becz,•se all �f the policy decisions are crenTed and formally adopted in the PUD Ordinance. he would find it extremely difficult to defend the Council in defeating approval of the corresponding Plat, if a petitioner went for an injunction in court. The City Manager confirmed that everything required for consideration of approval of the plat for "Georgian Mews" has been satisfied by the petitioner /developer. Per the request of the Mayor and no objections from the other members of the Council, the City Clerk read, in full, Resolution 16, 1984, approving the Plat for the "Georgian Mews" multi - family PUD created by Ordinance 14, 1983 on the 11.8 -acre parcel on the southeast corner of Lilac Street and Military Trail. A motion was made by Councilman Kiedis, seconded by Councilman Aldred, Resolution 16, 1984, be adopted by the Council as read by the City Clerk. During the discussion on the motion, Councilman Kiselewski related that he would be voting against the adoption of the Resolution, as he voted against adoption of the Ordinance creating the PUD. He did not feel the density bonus granted (i.e., a bonus of 2 u /p /a over the 8 u /p /a indicated on the City's Comprehensive Land Use Map) was a fair and equitable trade with the City. Councilwoman Monroe advised that she, too, voted against t11,2 adoption of Ordinance 14, 1983; but, because of Attorney Brant's explanation that this is strictly a mechanical portion and the developer has fulfilled all the requirements, she felt compelled to vote in favor of the Resolution approving the Plat. She is still not pleased with the approval of the project, but the majority of the Council ruled in favor. Vote on motion to adopt Resolution 16, 1984: Mayor Martino, Vice Mayor Monroe, Councilman Kiedis, and Councilman Aldred voted aye; Councilman Kiselewski voted nay. Resolution 16, 1984, was adopted by the Council by a vote of four ayes and one nay. RESOLUTION 17, T777 By the concurrence of the Council, the City Clerk read, in full, Resolution 17, 1984, reappointing "Saul Sherman" an alternate member to the City's Zoning Board of Appeals. Resolution 17, 1984, was unanimously adopted by the Council. City Council Regular Meeting, 3/15/84 Page 7 RESOLUTION 18, During the discussion on Resolution 18, 1984, Vice Mayor Monroe referenced 1984 the resume' of Mr. Jack Horner and recommended his appointment as an alternate member to Lae City's Site Plan and Appearance Review Committee. Councilman Kiedis, Councilman Aldred, and Councilman Kiselewski concurred. Mayor Martino offered that he would have difficulty in voting in favor of Mr. Horner's appointment. Prior to appointing an applicant to an advisory board of the City, he prefers to talk to hic:;/her personally. Per his observations of Mr. Horner, he could not share his recommendations or make policy based on anything he advised him on. Mayor Martino alleged chat during the campaigning for election to the Council March 13th, some of the members and opponents were spousing comments re: how weak the City's Zoning Codes are. He suggested that if any member of the Council or advisory board of the City finds a problem with our Code, they should submit it as a recommendation to the Council for consideration rather than make idle comments. Mayor Martino offered that in his opinion, our Zoning Code is one of the toughest, if not the best, in Palm Beach County; and that those that made the comments mint not be fully familiar with our Code; and there - Lore, don't belong on the City's advisory boards. Councilman Kiselewski offered that he did not have any objections to Vice Mayor Monroe's suggestion of Mr. Horner's appointment as an alternate member. Councilman Aldred voiced concurrence, adding that his appointment as an alternate would give the Council an opportunity to know him better and decide who ought to be considered as a regular member at a later date. By the concurrence of the majority of the Council, the City Clerk read, in full, Resolution 18, 1984, reappointing "James Hollenbeck" and "Alan Strassler" members, appointing "Richard Rogers" a member, and appointing "R. R. (Jack) Horner" an alternate member to the City's Site Plan and Appearance Review Committee. A motion was made by Councilman Kiselewski, seconded by Councilman Aldred, Resolution 18, 1984 be adopted by the Council as read by the City Clerk. Vote on motion: Vice Mayor Monroe, Councilman Kiedis, Councilman Aldred, and Councilman Kiselewski voted aye; Mayor Martino voted nay. Resolution 18, 1984 was adopted by the Council by a vote of four ayes and one nay. ►J City Council Regular Meeting, 3/15/84 Page 8 RESOLUTION 23, Subsequent to exercising a duly advertised Pubiic Hearing pursuant to Chapter 380.06 (10) (a) (b) (c) (d) Florida Statutes and 9B -16.23 of the Florida Administiativr R,..cs, the Council, at their Regular Meeting of February 16, 1984, unanimously adopted Resolution 9, 1984, providing for the Development of Regional Impact known as the Bankers Land Company Regional Center proposed to be located on 458.185 acres situated in Sections 5 and 6, Township 42 South, Range 43 East. Several workshop sessions were held by the Council on the formulation of this Development Order, satisfying conditions of ours and those included in the Treasure Coast Regional Planning Council's Development of Regional Impact Assessment Report dated December, 1983. In accordance with law, a certified copy of Resolution 9, 1984 was forwarded to the Planning Council for their decision of appeal/no appeal within the allowable 45 days. The City Attorney advised that the Treasure Coast Regional Planning Council's agenda for their monthly meeting tomorrow, March 16th, includes the Development Order issued by the City. Their part -time Attorney, Roger Saberson, has advised he will recommend they appeal it to the Governor and State Cabinet on the basis of the language "Except as otherwise provided in • this paragraph, the Developer shall not be c,ub3ect to obligations, regula- tions, or restrictions which are not generally imposed on other developments in the area." appearing in Condition 19 on Page 16 of Resolution 9, 1984. Contrary to Attorney Brant's, Attorney Saberson's legal opinion is that this particular sentence negates each and every condition in the Development Order, rather than solely referring to roadway /traffic improvements. Attorney Brant offered that problem with the Planning Council appealing the Development Order, there's the possibility of other points coming askew. In Attorney Brant's opinion, the deletion of the subject sentence would not, in any way, dilute the City's position /authority. It would be detrimental to Bankers Land Company, if anyone; and they are requesting it. Attorney Raymond Royce addressed the Council on behalf of Bankers Land Company stating that although he concurs with Attorney Brant that Attorney Saberson's interpretation of the subject sentence is inappropriate and illogical, Bankers has made the judgment they are willing to have it deleted. Such an appeal would create confusion, be time - consuming and expensive; and perhaps, would undo some of the product the City and Bankers have worked very long and hard on. They would very much appreciate it if the Council would adopt Resolution 23, 1984, deleting the sentence from the Development Order; and adopt Ordinance 9, 1984 also on the agenda of the current meeting. City Council Regular Meeting, 3/15/84 Page 9 Per the concurrence of the Council, the City Clark read, in full, Resolution 23, 1984, deleting the sentence "Except as otherwise provided in this paragraph. the Developer shall not be subject to obligations, regulations, or restrictions which are not generally imposed on other developments in the area." from the third unnumbered subparagraph of Condition 19 of Resolution 9, 1984, providing for the Development Order for the Bankers Land Company Regional Center. A motion was made by Councilman Kiedis, seconded by Councilman Aldred, Resolution 23, 1984, be adopted by the Council as read by the City Clerk. The members of the Council concurred that they favored leaving the subject sentence as is in the Development Order; however, because of this one inter- pretation of Attorney Saberson's that may delay the project, and in deference to Bankers Land Company's request, they would delete it. For the record, they intend for the City to treat the developer fairly throughout the duration of the 20 —year project. The motion to adopt Resolution 23, 1984, was passed unanimously by the Council. • ORDINANCES: Subsequent to exercising a duly advertised Public Hearing at their Regular Meeting of February 16, 1984, the Council unanimously adopted Ordinance 5, ORDINANCE 9, 1984, providing for the rezoning of the 458.185 acres of the proposed 1984 Bankers Land Company Regional Center to PCD— Planned Community District. In order to tie the two matters or rezoning the lands and how they are to be developed together, Ordinance 5, 1984, included in Section 2. the provision that "In addition to the requirements of the Planned Community Zoning District, Appendix "A ", Zoning of the Palm Beach Gardens Code, said lands describ.2d in Exhibit "A" shall be subject to all of the terms and conditions set forth in Resolution 9, 1984, adopted by the City Council of Palm Beach Gardens, Florida, approving the Development of Regional Impact Order for the Bankers Land Company Regional Center. ". Attorney Brant reported that contrary to his legal opinion, Attorney Saberson has taken the position that: if Resolution 9, 1984, is amended, the reference in Ordinance 5, 1984, shall include same. Unless Ordinance 9, 1984, is adopted altering Ordinance 5, 1984, to reference the amending Resolution 23, 1984, Attorney Saberson will, at their meeting tomorrow, recommend to the Treasure Coast Regional Planning Council they appeal the Development Order for the project to the Governor and State Cabinet. City Council Regular Meeting, 3/15184 Page 10 If the Council chose to amend Ordinance 5, 1984, to avoid the unnecessary time, expense, and effort involved in an appeal, the time remaining before the - xplration of tnc Trr-zcurc Coast Regional Planning Coun -'.1's 45 -day appeal period dictates emergency passage of the Ordinance without legal notice and a Public Hearing. Attorney Brant has researched the State Statutes and the City's Charter; and the Council does legally have the prerogative /power to adopt Ordinance 9, 1984 on an emergency basis - with four affirmative votes. By a motion made by Councilman Kiselewski, seconded by Vice Mayor Monroe, and unanimously adopted by the Council, the City Clerk read Ordinance 9, 1984, by title only, on first reading, with the number "23" inserted in the blanks of the second WHEREAS paragraph and in Section 1. In deference to the members of the audience, the Mayor solicited their comments re: the Council's consideration of emergency passage of Ordinance 9. 1984. Members of the audience did not address the Council. By a motion made by Councilman Kiselewski, seconded by Councilman Aldred, and unanimously adopted by the Council, the City Clerk read Ordinance 9, 1984, on an emergency basis, by title only, on second and final reading. By a motion made by Councilman Kiselewski, seconded by Councilman Kiedis, and unanimously adopted by the Council, Ordinance 9, 1984, was approved by the Council on an emergency basis. ORDINANCE 6, Mayor Martino declared the Public Hearing open, which was duly advertised T7$7- February 21, 1984, and held on the intent of Ordinance 6, 1984, amending Section VI of Ordinance 0 -0, adopted April 25, 1966, by providing for Florida Power & Light Company's monthly payment to the City of 6% of their revenues derived from the sale of electrical energy. By a unanimous vote of the Council, the Public Hearing and the Council's consideration of adoption of Ordinance 6, 1984, were postponed until the Regular Meeting of April 5, 1984, enabling the posting of the legal notification for the Public Hearing to reach 30 days, as required by Section 18 -5. Franchises of the City's Charter. ORDINANCE 8, By a unanimous vote of the Council, the City Clerk read, by title only, on 1984 first reading, Ordinance 8, 1984, modifying the plans approved October 20, ® 1983 by Ordinance 10, 1983, for a PUD, with underlying zoning of CG -1 - General Commercial,on two contlguou� parcel;,, totalling .42 acres, north of PGA Boulevard, west of U.S. 111. The Council will further workshop this request of Rudy Arsenicos, Architect and authorized agent for Dr. Joseph City Council Regular Meeting, 3/15/84 Page 11 Giurato, DVM, at their meeting of March 22, 1984, and subsequent to exercising a duly advertised Public Hearing, will consider adoption of Orc:.,nance 8, 1984, at their meeting of April 5, 1984, PETITIONS AND COMMUNICATIONS: Mayor Martino ack.zowledged receipt of the following: POLICE CAPTAIN I. A memorandum dated March 12, 1984, from Police Captain Edward Clark EDWARD CLARK rescinding his letter of regisnation, dated March 6, 1984, from his position as member of the Board of Trustees of the Policemen's Retire- ment Trust Fund. (As of this date, his letter of resignation had not formally been accepted.) MOBIL OIL 2. A communication from Mr. J. J. Costello, District Manager of Mobil Oil CORPORATION Corporation, dated February 27, 1984, re: their desire to use the Snack Shop in their new automotive service station at the northeast extremity of the PGA National, adjacent the Sunshine State Parkway Interchange. The City Manager explained that during the discussions on Mobil Oil Company's request for approval of an automotive service station at this . site, they were informed they could not put in a convenience store. However, they did put in the facilities for one; and are now requesting the Council to remove the prohibition from the City's Code. (i.e., Section 14. of Article VIII, Zoning of the City's Code provides only for machine- dispensed sales of cold drinks, packaged snacks, tobacco, and similar goods for filling station customers, as accessory and incidental to proincipal operation.) ADJOURNMENT. With no further business, the meeting adjourned at 10:03 P.M.. ^MAYOR M,ARTRTINO /COUNCILMAN KIEDIS VICE MAYOR MONROE COUNCILMAN ALDRED CO CILMAI y CITY CLERK