HomeMy WebLinkAboutMinutes Council 011383CITY COUNCIL
WORKSHOP MEETING
CITY OF PALM BEACH GARDENS
JANUARY 13, 1983
The Workshop Meeting of the City Council of Palm Beach Gardens was
called to order by Mayor Kiselewski at 8:00 P.M. in the Assembly Room
10500 North Military Trail, Palm Beach Gardens, Florida, and opened with
the Pledge of Allegiance to the Flag.
ROLL BALL:
The roll was called by the Deputy City Clerk and present were: Mayor
Kiselewski, Vice Mayor Monroe, Councilman Aldred, Councilman Kiedis
and Councilman Martino. City Manager John Crr and Attorney William
Brant were also in attendance.
ITEMS BY THE CITY
MANAGER:
EXEC. OF AGREEMENT
The City Manager discussed with the Council the Agreement that is to
WITH FEC AND DOT
FOR MAINTENANCE OF
be signed with FEC and DOT for maintendm_e of the grade crossing and
GRADE CROSSIIJG AND
traffic control devices at the railroad on Burns Road. The agreement
TRAFFIC CONTROL
DEVICES AT RAIL-
will state the City will be responsible for the maintenance of the
"AD ON BURNS RD.
S
grade crossing and traffic control devices as a part of the requirement
for improvements for Alternate A -1 -A. The grade crossing will be
completed with the monies that are allocated for DOT, to complete Burns
Road to Florida Boulevard. The road was turned over to the City by
State Law en July 1, 1982; now the entire length of Burns Road is
in the City and maintained by the City. There will be a yearly main-
tenance fee paid for by the City, if anything happens to the grade
crossing or the lights at that crossing, the City will bear the cost,
and the FEC will make the repairs. This agreement has to be signed
in order to get the monies releasea for the improvement to Alternate
A -1 -A, and should be signed by Feoruary 1, 1983. The cost will be
z of $980.00, if nothing happens; and if repairs are needed, the City
will be billed for the improvements.
By a unanimous concurrence of the Council, this item will be placed
on the next week's agenda for execution of the agreement.
URBAN FORESTER
The City Manager stated he is still waiting for a Resolution that
®
will be forthcoming from the Florida Department of Agriculture which
needs to be executed in order to sign an agreement for an Urban Forester.
Basically, the Resolution will provide the City with an Urban Forester
for a period of two years, in which the City would pay $3,000 per year,
along with furnishing a desk and telephone. He would primarily be
City Council Workshop Meeting, 1/13/83 Page -2-
. working with the City and reporting to State, along with other
ancillary uses.
It was the consensus of the majority of the Council that they would
lake to meet with the Urban Forester and to get an outline of what
his duties would entail, prior to signing a Resolution.
CITY HALL RENOVATION In response to Mayor Kiselewski, the City Manager informed him that
he has given the plans for the City Hall to a professional, and will be
meeting with him in the next 2 to 3 weeks regarding renovations to
the City Ha11,
CODE UPDATE The City Manager stated the entire code book is in the process of being
updated by the Department Heads; however, there are quite a few
sections in the code book that make reference to other sections, and
he suggested a committee be formed to go over the codes in detail so
they can be cross- referenced. The undEO -e of the code book will cost
approximately $10,000.
It was suggested that this Committee consist of the City Manager,
• Police Chief, Fire Chief, Building Official and City Clerk.
FLA. LEAGUE OF Per the request of the Council, the City Manager /Building Official
CITIES provided them their comments regarding the "mandatory and restrlctive
elements, which would Beverly limit municipalities' ability to
manage their Budding Departments" as outlined in a conmunication
from the Florida League of Cities (Vogt Committee).
In response to Vice Mayor Monroe, the City Manager will respond when he
receives more information,as to what it would cost a contractor to
secure a $25,000 License Bond.
The members of the Council requested that the Legislature keep the
City advised on their pending laws.
REPORTS:
COUN'CTLKAN MARTINO: Councilman Martino reported on the Planning and Zoning Commission's
Neeting of January 11, 1983. The minutes reflecting that meeting
are on file in the City Clerk's office.
AIJOUNCTLNAN ALDRED: Councilman Aldred reported on the hearing he attended regarding
Seacoast Utilities requect for a rate increase.
City Council Workshop Meeting, 1/13/83 Page -3-
DICE MAYOR MONRCL: Vice Mayor Monroe reported on the Beautification meeting she attended
S last Wednesday. The minutes reflecting that meeting will be cn file
in the City Clerk's office.
MAYOR KISELEWSKI:
Mayor Kiselewski reported on the Merit Board Meeting he attended on
January 11, 1983. The minutes reflecting that meeting will be on file
in the City Clerk's office.
ITEMS BY MAYOR AND COUNCIL:
COUNCILMAN ALDRED: Councilman Aldred discussed further with the Council the meeting he
VICE HAYOR MONROE
•
MAYOR KISELEWSKI:
attended regarding the rate increase for Seacoast Utilities. He stated
that the 6% increase they are asking for would, in essence, represent
a 200 °% cumlative increase, since the last official rate request was given.
Vase Mayor Monroe addressed the Council regarding a problem she recently
experienced in a shopping center, in that trucks are allowed to make
their deliveries and pick -up, and park right in front of the store
blocking traffic.
She questioned whether or not this could be regulated by the City, and
the City Attorney will make a report on has findings at a future date,
Mayor Kiselewski reported on a "News Release" he received from Senator
"Doc" Myers regarding Public Hearings to be held on all matters concerning
State Government on Wednesday, January 19, 1983. This meeting will
take place in the Jupiter Town Hall Corricission Chamoers at 7:00 P.M.
Mayor Kiselewski requested of the Council to consider during the
meeting, what they would like to bring to their attention.
COMMENTS FROM THE
PUBLIC FOR 1TEM3 NOT ON THE AGENDA:
MR, SAM CAFSILLO
Mr. Sam Carsillo, 10063 Dahlia Avenue, PBG, addressed the Council
expressing several concerns of his, and they are the following:
making loading zones in shopping centers as fire zones; location of
a fire sub - station east of the FEC railroad; ,loggers wearing reflectors
while running on City streets at night; semi - trucks on Military Trail
being redirected to I -95; Post Office location; Library location
across the street from the fire station; parking lot that is to be
located west of the fire station.
RESOLUTIONS:
RESOLUTION 6, 1983
The members of the Council workshopped Resolution 6, 1983, appointment
of members to the City's 'Zoning Board of Appeals, and inserteu the
City Council Workshop Meeting, 1/13/83 Page -4-
® names Charles Breder and Emory Williams in the blank of Section 1;
and the names Don Rochan and Saul Sherran i,. the blanks of Section 2.
Resolution 6, 1983, will be considered for adoption by the Council,
at the Regular Meeting of January 20, 1983.
RESOLUTION 7, 1983
The members of the Council workshopped Resolution 7, 1983, establishing
a committee to make recommendations to the Council re: implementation
of the City's Comprehensive Land Use Plan.
Resolution 7, 1983, will be considered for adoption by the Council
at the Regular Meeting of January 20, 1983, with the City Attorney
incorporating the thoughts of the Council under Section 1, subparagraph
5 (d) by adding " Semi - Annual report to the Council ".
RESOLUTION 8, 1983
The members of the Council workshopped Resolution 8, 1983, execution
of Lease Agreement with Royal American Industries, Inc., for a
Pistol Range.
Resolution 8, 1983, will be considered for adoption by the Council
at the Regular Meeting of January 20, 1983. In the meantime, the
City Manager will provide the Council with what the additional cost
of the insurance coverage is, and the Police Chief will provide the
Council as to what it covers and why it is needed.
ORDINANCES.
ORDINANCE 11, 1981
Prior to the Council workshopping Ordinance 11, 1981, Imposing "Fire
Service Facilities Fee" on developers of structures exceeding two
stories, Mr. Lew Lawder, Director of the HBCA, was in attendance to
address the Council and stated that the position of the HBCA remains
-that the proposed Ordinance does not comply with the requirements im-
posed by the Supreme Court of Florida, in Contractors and Builder's
Association of Pinellas County vs City of Dunedin, in that it is
unconstitutional.
Attorney Richard Ellingtgn, representing the Association of General
Contractors also addressAd the Council on the proposed Ordinance
voicing his objection to the passage of the Ordinance, stating after
reviewing the proposed Ordinance, in his opinion, feels the City has
not met the requirements that are necessary for this type of Ordinance,
to withstand the consitutional challenge, siting the Dunedin Case
as an example. It places the entire burden on purchasing of equipment
on the new contractors, and doesn't place any burden on thorn who
City Council Workshop Meeting, 1/13/83 Page -5-
is who now have buildings in excess of two stories. The City, he feels,
has not demonstrated the need for this t}c-i of equipment, and re-
quested postponement of this Ordinance indefinately.
In response to Vice Mayor Monroe, the City Attorney stated that, he
has spoken to the Chief Counsel from the League of Cities, and
should be receiving materials any day regarding cases both outside
of Florida and in Florida; their legal opinions, and if they have
turned anything down related to the proposed Ordinance along with
their reasons. Attorney Brant further recommended postponement of
Ordinance 11, 1981, until a future date, as he would need at least
3 weeks to prepare.
Councilman Martino stated that he would like the wording under the
t4 read
last Whereas,/ 'as well as current taxable properties within City
boundaries "; and to add under Art,,_ VS, Se -tion 28.43 C or D,
"the City of Palm Beach Gardens, shall, in the next fiscal year,
budget a specialized fare fighting equipment fund so designated
by this Ordinance, in a amount equal to 101/ of the funds
collected from above provisions or an amount equal to the fire
department's budget per its percentage as it relates to that
subject fiscal year, whichever is greater ". Councilman Martino
feels this will satisfy Attorney Ellington's concern about the
entire burden being placed on new contractors.
It was the consensus of the Council, following further discussion,
to postpone Ordinance 11, 1981, until Attorney Brant has all the
information he needs.
ITEMS FOR DISCUSSION:
PERMITT114G AS A CG -1 Prior to the Council discussing the conditional use /variance for
COND. USE THE SALE OF Spaghetti World, to be located within Loehmann's Plaza at 4078 PGA
BEER AND WINE FOR ON-
REMISE CONSUMPTION Boulevard, Councilman Martino stated at the Planning and Zoning
AT "SPAGHETTI WORLD" Meeting of December 14, 1982, a motion was adopted to recommend
approval of the Conditional Use for the sale of beer and wine for on-
premise consumption.
Mrs. Betty Elliott, representing Spaghetti World, addressed the
Council pursuant to their request for a conditional use to sell
beer and wine for on- premise consumption, along with a variance to
the distance requirements of 750' between alcoholic beverage vendors.
City Council Workshop Meeting, 1/13/83 Page -6 -
The members of the Council voiced no objections to their request,
and at the REgular Meeting of January 20, 1983, the Council will
consider granting these requests, subsequent to exercising their
duly advertised Public Hearing.
PROVIDING FOR "FRATERNAL
Mr. Lee Ward, representing the Fraternal Order of Eagles, addressed
ORGANIZATIONS" AS A
the Council requesting they consider revising the code to allow
PERMITTED OR COND. USE
IN THE CITY'S ZONING
fraternal organizations as a permitted or conditional use in the
C DES
CG -1 zoning district. They are presently renting a space in the
shopping center off of Northlake Boulevard at Keating Drive, which
is zoned CG -1. Presently, there is no provision in the Code that
allows fraternal organizations.
Mr. Ward outlined the a.ntent of the organization, which is a non-
profit organization consisting of 150 people.
Subsequent to further discussion, the members of the Council were
in agreement to hand this item over to the Planning and Zoning
Commission for them to act on whether or not they would recommend
a provision in the CG -1 zoning classification for fraternal organ -
izations.
PROVIDING FOR SECOND_
Attorney Ron Sales and Mr. Donald Hartman, were in attendance to
HAND DEALERS (PAWN-
SHOPS) AS A PERMITTED
address the Council pursuant to their request to locate a pawnshop
OR COND. USE IN THE
in the shopping center off of Northlake Boulevard at Keating Drive,
7TYIS ZOP4 NG CODES
which presently is zoned CG -1. Under the CG -1 zoning classification
It specifically omits pawnshops as a permitted or conditional use.
Mr. Hartman purchased 3 condo units in this shopping center, which
are located at 4205 and 4207 Northlake Boulevard. He was also intend-
ing to rent one of these spaces to the Fraternal Order of Eagles.
Pir. Hartman stated that prior to entering into a contract to purchase
these units, he was informed by the Building Official that pawnshops
were permitted in the CG -1 zoning classification.
Since they are not a permitted use, he is requesting of the Council
to consider allowing pawnshops as either a permitted use or conditiona
use.
Subsequent to further discussion, it was the consensus of the majority
of the Council, that since the Zoning Code specifically omits
pawnshops in the CG -1 zoning District, they would not be receptive
to amending the Code to allow them as a permitted or conditional use.
City Council Workshop Meeting, 1/13/83
Page -7-
"ICE MAYOR MONROE: Vice Mayor Monroe suggested perhaps getting in touch with the Palm
Beach County Delegation rc: Fire Service Facilities Fee Ordinance, in
that Legislature bringing this item up by statute rather than the City
fighting it, and to ask whether or not it is seriously being considered,
and how it would help the City.
PETITIONS AND COrUIIUNICATIONS:
PERRY CABLE TV Requesting of the Council postponement until February regarding their
request for rate increase.
CITY MANANGER JOHN The City Manager discussed the recent Seacoast Utility rate increase
ORR hearing and stated that the main problem was that it was an informal
hearing. Under the new laws, for small utilities, they first have an
informal hearing. the Public Service Commission sends down their staff
and they go back to Tallahassee and make their recommendations based on
the data they have. Mr. Orr felt the In ormal hcarinp: would not have
any influence on their recommendations. Once the recommendation is made,
a tentative order will be issued setting a utility rate, and at that
time, anyone can challenge these rates, with justification. This
leaves only a short time to get a rate hearing specialist on board.
ADJOURNMENT: There being no further business, the meeting adjourned at 10:10 P.M.
MAYOR KISELEWSKI
VICE MAYOR MONROE
Roberta A. Pearce, Deputy City Clerk
COUNCILMAT ALDRED
Cp NCILMAN KIEDIS
COUNCILMAN MARTINO