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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