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HomeMy WebLinkAboutMinutes Council 030383V, CITY COUNCIL REGULAR MEETING CITY OF PALM 3FACH GARDENS MARCH 3, 1983 The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Mayor Kiselewski at 8:00 P.M. in the Assembly Room, 10500 North MiLitary Trail, Palm Beach Gardens, Flerida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL; The roll was called by the City Clerk and present were: Mayor Kiselewski, Vice Mayor Monroe, Councilman Kiedis, Councilman Aldred, and Councilman Martino. Citv Manager John Orr and Attorney William Brant were also in attendance. :MINUTES: The minutes of the Workshop Meeting of February 10, 1983, and Regular Meeting of February 17, 1983 were unan_:-- ply approved by the Council, as written. PROCL[vrLklIONS: Mayor Kiselewski read a Proclamation proclaiming March 7, 1983, "John Am Freeman Dav", which is the day he will be presented a "Honor Medal for IF Lifesaving" by the Boys Scouts of America for displaying unusual heroism in the rescue of a mother and her son from the Atlantic surf on December 26, 1982. Mayor Kiselewski presented this Proclamation to John Freen1n, a 12- year -old of 4447 Golfers Circle W., PEG. He was also corcrenaed by the other members of the City Council and the City Manager. :favor Kiselewski read a Proclamation proclaiming March 6, 1983, "Palm Beach County Sports Hall of Fame Day ". PRESENTATTON: Mayor Kiselewski made a presentation to Mrs. Veronaca Snvder, member of the City's Administration for ten years, February 21, 1973 - 1983. The City Manager also commended Mrs. Snyder for her dedicated and conscientious service. i1'LMS BY THE, CITY Mu'NAGER: the City Manager read aloud the March 1, 1983, communication of Mr. Edward F. Arrants, Chief of the City's Fire Department and member of the Board of Directors of Inter -City First Aid Squad, offering positive observations re: the Advanced Life Support services the organization re- instir_uted on Fehruary 1, 1933. Citv Council Regular Meeting, 3/3/83 Page 2 A motion was unanimously adopted by the Council the City contribute $ ?,500 toward this cause - monies to be taken from the Council Contingency Acr,unt. The City Manager referenced the urgent request received from the Florida LeaRLIQ of Cities Lo opposr the recommendation of the "Committee of Finance Taxation" re: gasoline tax monies. The final outcome on this is uncertain. The Citv Manager referenced the Governor's reapportionment of the member- ship of the :Metropolitan Planning Organization, which will now include our municipa?.Lty. Subsequent to the organization recognizing this action of tine Governor, a Resolution is to be adopted by the Council, appointing an ,le(-Led official to represent us. and then, we are to promptly notify the MPO and the Fla. Department of Transportation. RP,PORTS: Mayor Riselcwski reported on the Merit System Board Meeting he attended MAYOR fi1SELEt}SKI on }larch 1, 1983. The minutes of this °__ t.l„g ar_ on file :�n the City Clerk's o£f -tce. Mayor Kiselewski reported on the meeting he and the City Manager had with the District 4 engineer of the :la. Department of Transportation on lebruar_.- 27, 1983. The packages they received will be made available to the other members of the Council, iTE:;S BY THE ��yin. AND COUNCIL: VICE `LA.OR Puri: ant to Vice Mayor Monrce's interpretation of in article that appeared .lei: RO L - - -- in a local newspaper today, the :favor will contact Mr. Bill Fowler of the State Department of Transportation confirming whether the missing link of Interstate -95 will be constructed, as previously indicated, from PGA BVUlevard northward. Vice Mavor Monroe recommended the Council, as a body, show support of the Cancer Benefit the City's Police Department is sponsoring for Ms. Jean Devlin on April 10, 1983. Ms. Devlin has been an employee of the City tiince June 14, 1975, is 37 years of age, is a s.tngle parent of three minor children, and is terriin -illy zil. COMMENTS FF.O:: THF, PUBLIC FOR ITEMS NOT ON' TH17 ACENDA: MR. AObF,RT -- Mr. Robert Johnson of 4070 Chestnut Ave., PBC, addressed the Council reit- ,i0H2:SOT; er3`_in4 the concern., he e%pressed at the Regular Meeting of January 6, 19S3 re: cycle, travellar,g the canal easement along the northern /eastern peri- meter of Plat -`4 and emitting excessive noise, damaging the property, and City Council Regular Meeting, 3/3/83 Page 3 being unsafe; and suggested the Council pass legislation prohibiting the operation of dirt bikes within the City. The City Manager was requested to contact Sout', Flori,la Water Management District re:implementition of their agreement to post signs along their CLinal easements rolcronced. The City Attorney will provide the Council copies of model ordinances re: regulating dirt bikes for their consideration. Tn the meantime, the City Police and Public Works Dcpartment;, will supply Lhe Council information oIttl_LninI; when <111d where dirL lld,el cruise problems within the City; and ir_ike recommendations re: resolving them. This matter will be further workshopped by the Council at their meeting of March 24, 1983. MR. SAMUEL Mr. Samuel Carsillo, 10063 Dahlia Ave., PBG, addressed the Council re: the CARSILLO location of a fire sub - station east of the railroad tracks; the location of a full- service Post Office within our City; the newly- approved width of tractor - trailers being more hazardous whi,e traversing the residential segments of Military Trail between Northlake and PGA Boulevards; and the evaluation being made by the Citv's Merit System Board re: the Council members' salaries. A three - minute recess was held. RESOI.UTTONS: By the concurrence of the Council, the City Clerk read, in full, Resolution RESOLUTION 23, 23, 4983, appointing "Robert Hamner" an alternate member of the City's 198 Planning and Zoning Commission. Resolution 23, 1983 was unanimously adopted by the Council. RESOLUTTON 24, By the concurrence of the Council, the City Clerk re ?d, in full, Resolution 1983 :. -.- 24 1983 reappointing "Jack White " "Lynn Huber" , , , "Jeffrey Ornstein ", and "Jay Hasner" members, and "Richard Rogers" an alternate member of the Citv's Site Plan and Appearance Review Committee. Resolution 24, 1983 •cas unanimously adopted by the Council. At a meeting in the near future, the Council. will discuss standardizing the requirements fcr participation of City advisory board members (i.e., the Amount of absences that would prompt the Council's consideration of dis- missal of advisory board members). Also, a policy re: individuals serving on more then one advisory board of the City. RESOLUTION 26, T By the concurrence of the Council, the City Clerk read, in full, Resolution 1983 26, 1983, providing for the adoption of certain amendments to the City's MQ rit System Rules and Regulations, per those recommended by the City's Merit System Board. Resolution 26, 1983, was unanimously adopted by the Council. City Council Regular Meeting, 3/3/83 Page 4 RESOLUTION 27, By the concurrence of the Council, the City Clerk read, in full, Resolution 19S3 7 3983, appointment of members to the Board of Trustees of the Policemen's Reti. mint Trv.;t fund. RcsolaLion 27, 1483, wa unanimously adopted by the Covrcil. RESOLUI ION _�, The Council will consider adoption of Resolution 28, 1983, subsoquent to 1a,S3 est.tblishing a potrcy re: individuals serving on more than one advisory board of the City. In the meantime, Mr. Robert Hamner, who was appointed an alternate member of the City's Planning and Zoning Commission via Resolution 23, 1983, will remain a member of the City's Comprehensive Land Use Plan Committee. Mr. .fames Wilson, an applicant for membership on the City's Comprehensive Land Use Plan Committee, will be invited to attend their first meeting; - to take Place at 7:30 P.M. on Wednesday, March 16, 1983, ORDiNANCES. Mr. Sack Apgar, owner of "Ashley's Arcade" located within the shopping ORDTNANCE 17, center on the northeast corner of Garden- -.,t Dri c and Lighthouse Drive, 193 — - addressed the Council pursuant to their consideration of re- placing on first reading Ordinance 17, 1982 -- regulating "Coin And /Or Token Operated AM Cr I'er :lire Amusement, Aud /Or Skill came -Type Machines ". He read aloud VF a newspaper article on this type of regulation: and, also, read now this proposed Ordinance would affect his business. (Mr. Apgar's comments are a-Inched and made a part of these minutes.) 3y .1 untnimoua veto of the Council, the City Clerk re -read, bv title only, on first reading, the March 1, 1983 draft of Ordsnance17, 1962. Due to the "substantial cnanges" incorporated into this Ordinance since the Planning and Zoning Commission's formal recommendation to the Council re: its adoption on November 9, 19,92, they will make a formal recommendati on this, the ?larch 1, 1983 draft, subsequent to exercising a du1_v adver- tised Public Hearing It their meeting of March 22, 1983. OP.oINANCE 21933 r,y a unanimous vote Of the Council, the City Clerk read, by title only, on first r ^rn_ILCi, �rdin�,r,ce 2, 1983 - defining a "story" and adding PDA - Planned Development Area District to City's Zoning Codes, and adopting a new zontnq map, rmn,s Fee ---- vmsf N_ DELINQUENT DONA- ;he Citv Mlanaper was reque,ted to ne otzate WILn'aeveiopersot elanned TIONS BV DEV F, OP F, -- Untt DevelopmenLS within the City n.fyment of their delinquent donations to the Cites "Recreational Land /Facilities Fee" account for the Council's constdcratton of approval. `L170R- N.,1 ;ORLT,' 7II0 members of the Council were not in favor of the recommendation made at VOTE OF COZLZJL t:,c L7orkshop Meetins, of February 24, 1983 by Mr. Wm. Markham that an ^`Fir:mntive vote of ,t major - majority of a Council quorum be required for passage of motions on "major issues" City Council Regular Meeting, 3/3/83 Page 5 PETITIONS AND C0MMUNICATIONS: Ma-or Kiselewslci nc•lcnowled ^nd the following: GOVERNOR BOB 1. Governor Bob Graham, addressing Mr. William A. Konrad, Chairman, CIte11IA ?1 dvinEnf of hi reapportionment of the membcrshlp of the Wee:t Palm Beach Metropolitan Planning Organization. _PERRY CABLE TV 2. Mr. Robert F. Jernigan, System Manager of Perry Cable T.V., advising of the actions of the Copyright Royalty Tribunal and the affect it will have on their optional service, Cable Plus. U.S. SENATOR 3. U. S. Senator Lawton Chiles re: the meeting the Mayor had with his LAWTON CHILES South Florida District Assistant to discuss the possible reduction/ deletion of Federal Revenue Sharing funds and the need for a full - service postal facility within o +ir City. AllJOURNNFNT: With no further business, the meeting adjourned at 10:03 P.M. MAY KIXL$41SKI vICF 'MAYOR MONROE CITY G:.ERK M (ILMAN CO KIEDIS COUNCILMAN ALDRED COUNCILMAN MARTINO i E When this ordinance was introduced, Mr. Martino explained tha it was going to help and protect the game room owners. This is how the ordinance is going to help me. The first proposal, if I unders '-and it correctly, means that I would need either three or four restrooms in a business that exists in only 600 square feet. I presently have one restroom and see no need for more inasmuch as I do not allow food or beverages in the arcade and my average customer stays no more than 15 minutes. To add another rest - room would be a hardship and a great expense, and to have a total of three would be economically impossible. If I did have three restrooms, perhaps the Council could help me in identifying them - such as "Men, Ah IV Women and Others" or "His, Hers and Theirs-7 Let me also point out that the restrooms in most other businesses, particularly convenience stores, axe "off limits" to the public. Secondly, the parking requirements set forth would mean that I would need 6 spaces, out of a total of 24, reserved for the game room. The landlord has allowed me to reserve one space for "bicycles only ". The car parking provision would make it difficult or impossible for me to sell my business if the purchaser had to re -apply for an occupational license, which was recently discussed by the council. The bicycle parking provision would mean that I would possibly have to initiate some kind of expensive study to determine the number of residents under 16 in the residential areas, plus if it's at all possible, the number of these people that would patronize the game room, plus, the added expense of bicycle racks which dft qF might possibly be used by patrons of other businesses. a Ell Thirdly, the 750' requirement would simply force me out of business because both the ice cream store and the convenience store in my shopping center had four machines before I opened for business in September 1982. Number Four, the closing time requirements are arbitrary and discriminate against my adult customers and my right to do business. All of my customers after 10 P.M. are adult and this requirement just seems to shift the burden of the parents to keep their minors at home after 10 P.M. to me. Number Five, the game room is constantly supervised by either myself, my wife or my father -in -law. There is a capacity for perhaps 24 machines in the game room, however, it would be ridiculous to require two attendants in a space of less than 600 square feet, if we go over 20 machines. Number Six, the requirement that I have two signs which read, "No Drugs, No Smoking and No Drinking" attaches a certain stigma to my business, I have many mothers who bring young children in for birthday parties etc. Anyone who reads these signs could certainly get the idea that a game room is a place frequented by drunks and drug addicts which couldn't be further from the truth. I don't believe that any other business, including bars, are singled out for this kind of treatment. Ashley's Arcade is a "Mom and Pop" type operation which is my first venture into the small business world. I feel that this ordinance Is really aimed to make it difficult if not impossible for me to stay in 1 .,1 F) - ^,r r. ,r ? .'0, ..c. of i"c.� 10,OC'0 - at t,': of .%n"rce of 1 Wal P'_dr. -r it, 10,000 - L. J:, Cn v M-- ; f Prose T ..A ] QT , uwd for all unit_ in Throe I $70,000 - upon cc-,o1yt;on of Phase 7I t,rd C/0 for all units 1981 zcL ^` 'd 3/5/81 1-,or 1- cC of a Bwldmg F_. -at S11,000 - u- :n i _ = o`' t :.e , t ;el _ _ .. :'c ,nit 12/17/81 f 11 - 1 1 "_ C _ _ r: _ f _ . = 7 ✓� of- 21 L nllr _ _ __cdue 'Lo L` .e C ` j' to t= r- d .,^ _ _ _-r :, 1C t: _ r'Gte o. c. 0: uc, ce. J4�t/�" (.Y/J SO WL�e Of C.G -,001 Vint F02 COT z 1 at z - _. .lit 1 v 0, fi, 2 d U r Odc,ance 32, IP21, a!n-. 1 d 1/27/62 DATE PAID Qq,Oc)O to be paid at tare of issuance of Is', ;wilding Pernat o Le -aid n t t of i s, nce of C.O. s r,rdinc-.-nce 5 6/19/82 "?�orthlakc Trade Center" 7 •;OUNT �94,200 to be paid at time of issuance of 1st Building Permit to be paid at time of issuance of 1st C.O. S I r ve 1 `e c � C- r, 120 PCA 2 —West of briers License Facility - Or-clinance 13, 19B2, 'doDted 9-/2 82 ,;Y,')-jNT SIF,900 - 3- to be paid at 1, ime of iE,,,),,nce of Ist Building 71c.-mit � to be 1,ald at timc, of is-su-"Ice of Ist C.O. CO KIJ- r LS° n UJ CITY OF BALM BEACH GARDENS i 4 10500 N MILITARY TRAIL • PALM REACH GARDFN5. FLOR10A 33410 ---1 200 H E r1 0 R A NI D U f? TO: John i.. Orr City fIatigr °r F RM: Ed Arran Ls fire Chief SUBJECT: Tntr,r -City first Aid Squid NTC: rlarch 1, 1783 During tht I,; ct ;c nth Since Inter -C1t,v First Aid Squad k—, hPen offering Advanced Life' `_�uj,poiL to the >esidentc of Palm Beach Gaidens 1 have made the follou,ng Ub ^L'rvat ions: 1). Operations: Under the direction of the Operations Officer, R,lndy Sheppard, ALS is given by very dedicated persons, co- operation in the field has improved to the point that our residents and visitors are again receiving first class service. 2). Administration: Under the direction of the Administrator, lom Crickson, Inter -City now has the firanc:al manager that was so snrely needed. Short and long range firnancial planning is nvv!,cnneiblr by Nnving acquired the shills of Tom Erickson. 3). Bond of Directors: The board is a very conservative hoard, one that v)11 insure quality service and finrincial integrity. Adcancc.d Life Sunpor� was instituted on pebrlary 1, 19E3, not Just to resume ser a ce, tut to be the heginning of AL5 to be a co start service to our city. Tho tlrinc' would hr ILyht to show our appreciation and support wow that ve h,avc ,itne s d that the Systeul is vorking. Dn behalf of .hc l,nard of Oirecter;, 1 request that the City of Palm Bench Gardlns n c .nr�ll,lhlc any funds lsnd aside for the pu>pose of assisfing inter- Cit,,'rirIA, Aid Cquad at this time. I?�cc� ally, � J f= rlvord f Arr�ntS Cher of thn Fire Department Dl;, -for, 1111er -C1Lv first Aid Squaad f -FFilk LAWTON CHILES FLORIDA 0 CDMMfl 16, APPROPR,ATIONS BUDGET GOVrRNMENTA4 ATFAIRI SPECIAL COMMI 'Unifeb Zfafez Zenette DEMOCRAT , rpol IC4c February 23, 1953 The Hon. Donald kiselewskl Mavor, City of Palm Reach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33110 Dear Don; r F s ���SOD, � Many thanks for taking the time to visit with my South Florida District Assistant relating to your thoughts about revenue sharing, and the need for a new postal .facility in Palm Beach Gardens. I appreciate your taking the time to share your thoughts with me on these important matters, V';ith new tax pressures local governments face, I can fully under- stand your concerns about a major reduction in funding and the results this might have on many valuable benef-_'E and services provided to your residents. I've always strongly supported the concept of revenue sharing; however, there are many new proposals that have not yet had a chance to be reviewed. Please be assured I'll thoroughly evaluate these and keep in mind the needs of our AM local governments as the Senate deals with this issue. 1%ith regards to the need for a new postal facility in Palm Beach Gardens, I am today making some inquiries with Postal officials an this matter. I've asked Paul Lettman, Senior Governmental Rela +ions Representative of the Postal Service, for a complete report on the matter and you can be sure as soon as I have this, I'll be back in touch with you. In the meantime, Don, if I can be of service in some other way, Please don't hesitate to call on me. With %i ndest regards, I am LC'; dms �J Most sincerely,, (/ LAWTON CHILL REPLY TO. FCDERAL BUILDING, LAKELAND. FLORIDA 33301 LI E a` r�v--VB I 4E1 r•ri „�ry 23 1 83 ° Mr_ john Orr City 1:,Jnager 10500 North hJilitary Trail Palm Reach Gardens, Florida 33410 DcLr Mr. orr, r��SRCC Z Cpsl.E TV I have 1ecently written you a letter concerning the impact that recent copyright Royalty Tribunal decisions will have on Perry Cable TV's carriace of WCIX, Channel 6 in Miami on l!:e company's Cable Plus service. At the time of writing this latter, the co,pany had retained some hope that it might be cle to continue carriage of tcpR, Channel 7 in New York past the Narch 14, 1983 deadline. However, our Washington counsel has "x,ed us today that we will be required to drop WOR cs of Narch 14, when we are also forced to discontinue cr,rriaTc of FCIX, Channel 6 in Miami. of course, as you are _..are, the Cable Plus service is an optional =service provided to our subscribPrs, and the Copyright Royalty Tribunal's recent decision will have no impact on the basic cable c�levisicn service. __r ;Pr, are sending to our subscribers, in tine to reach L-yen be"ere :arcn 1st, notification of the actions of the Ccc,Iyright FovLlty Tribunal and the affect it will have on our optional -ervice, Cable Pluc. S•7e hope that this znfornation rupp2aFd to you in advence of those letters will be helpful in answering any questions which may be asKed of you by ;uk,scribnrs ]ring in your area . pcerrly - E: ?Y C .P.LE TV CORP. R berz F. <<rnilan J,-,p (L rta { :! TV 10436 1P0% 00D POAD / PALM BEACH GARDENS, Fl. 33410/305-627-3600 11c,nnrable tdilliam A. Yonrad, Chairman Face Two Section 334.215, Florida Statutes, provides tha'. the Governor shall drsicnate and apportion memhership to the MPOs, but the local government entities so designated shall appoint the in ;livi Cinals who will represent their rryspectivr local govern - m:nts. The city council, coinmission or office of mayor for the cities affected by this chance are directed to select and ppoint an elected official of their own choosing and to P-- mptJy notify the MPO and the Florida Deoartment o; Trans- portation of their appointment. By copy of this ]ester T am notifying all local government entities comprising the MPO of this _r-anportionment action. Your early effort to legally constitute the N,PO consistent with the above revised apportionment will be greatly appre- ciated. Wjth kind regards, Governor EG d cc: F,onorable Peogy B. Evatt Honorable Walter M. Trauger Honorable W211ard V. Young o ^o.ab1 °_ Betty Cortese Honorable Bohb]e E. Brooks Honorable Eva W_ Mack Fo,norable Mary D. Hinton Honorable Donald Yist_lewski L3