HomeMy WebLinkAboutMinutes Council 090183CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
SEPTEMBER 1, 1983
The Regular Meeting of the City Council of Palm beach Cardens, Florida,
was called to order by the Mayor, Dick Aldred, at 8:00 P.M., in the Assembly
Room, 10500 North Military Trail, Palm Beach Gardens, Florida; and was opened
with the Pledge of Allegiance to the Flag.
ROLL CALL:
The roll was called by the City Clerk and present were: Mayor Aldred, Vice
Mayor Kiedis, Councilr -in Martino, Councilwoman Monroe, and Councilman
'niselewski. Also present were City Manager John Orr and Attorney William
Brant.
MINUTES:
The minutes of the Regular Meeting of August 18, 1983, were unanimously
approved, as written.
ANNOUNCEMENTS:
Mavor Aldred announced that the City's Administrative offices will be closed
on Monday, September 5, 1983, in observan__ •_ "Labe- Day "; and on Tuesday,
September 6, 1983, the City's Site Plan and Appearance Review Committee will
be meeting at 7:30 P.M..
T'ROCLAMATIONS:
Mayor Aldred read a proclamation recognizing the PBCYAA 13 -15 year old All -
Star Girls' Slow Pitch Softball Team for winning the National Competition held
i_n Hutchinson, Kansas on August 5 - 7, 1983; and further proclaiming September
S, 1983, as "Palm Beach Gardens Gator's Day" in Palm Beach Gardens. Mr. Dean
Cornwell, Co,ich, received this Proclamation on behalf of Mrs. Judith Moree,
Manager, the 14 team members, and the other coaches, Messrs. Lee Mayer and
'on}' Kalakeri,nos; and presented the two trophies they won to the City for
display.
ITEMS BY THE CITY
MANAGER:
Per the recommendation of the City ;Manager, a motion was unanimously adopted
by the Council they award the bid received August 15, 1983 from North County
First Aid Squad, Inc., Jupiter, Florida, for the purchase of the City's
Emergency Rescue unit, in the amount of $14,100.
"Che Cttv Manager informed the Council that the Fire Chief, while attending a
convention in Atlanta, won a new fire truck donated by Emergency One. This
new unit will replace unit #651.
dmk
The City Manager noted that the Palm Beach County Municipal League is proposin
co amend their Charter and Bp -Laws, providing for "Weighted Voting ". The
changes will be Lunszdered by the membership at the League meeting on
September 16th.
City Council Regular Meeting, 9/1/83
Page 2
Councilman Kiselewski advised the members of the Council he received a com-
munication from State Representative T,,'i 1, '° n0, I-! +ri
for library facilities. He suggested the Council consider the format.on
of a "task Force" -type of committee to look into all the possibilities re:
a City -owned 1ibr,try of a futurn meeting.
Cl)li;vC1L[ zU1ti Counc ilwocuu Monroe requested that the City, in the near future, recog,nine
`iOINROE' the artist of the CILV Seal, donaLed to the City and displayed in the Assembly
Room.
The City Manager advised the Council that the Public Counsel is filing an
objection to the increases the Public Service Commission staff recommended
he gra -ted to Seacoast Uti?iL)e� in their water a-d sewer rates. The City
Attorney advised that he received from the office of the Public Counsel a
copy of their objection 10qucstEng a full hearing, wilIch was given to the
members of the Council this evening. The next step is the granting of the
full hearing.
COUNCILWOMAN
COIInGilwunwn Monroe sus,gestcd that the Municipal League' Chartf•r .in +1 BY -Laws
MONROE_
proposal be placed on the agenda for next week to be workshopped. under
"Items for Discussion ".
REPORTS:
Councilman Kiselewski reported that the Metropolitan Planning Organization
COUNCILMAN
will be meeting next Thursdav, September 8, 1983. The topic of discussion
KIS!,LEWSKI
will be establishing criteria for selecting roadways for improvements.
COUNCILMAN
Councilman Martino reported on the Planning and Zoning Commission meeting he
PLARTINO:
attended August 23, 1933. The minutes of L—,, meeting are on file in the
Citv Clerk's office.
11.1YOR
Mayor Aldred reported that Councilman Kiselewski has been appointed to the
LDRED:
Solid Waste Authority for Palm Beach County, and Councilwoman Monr+'e has been
appointe6 to the Area Planning Board, and congratulated each of them.
ITF,1S BY THE MAYOR
AND COUNCIL:
COUNCII.`UL`
At a workshop meeting in the near future, the Co.incil will resume discussions
IIARTINO:
re: implementation of our Comprehensive Land Use Plan /Map - to include the
requests of Bankers Land Company re: the proposed zoning of 14 of their parcels
and the recommendations of our contracted Land Use Planner, Mr. Marvin C. Hill,
COUNCILMAN
Councilman Kiselewski requested that at a workshop meeting in the near future,
KISELEWSKI:
the Council discuss the recommendations outlined in a communication from
our Director of Recreation and Parks, regarding user fees for our Community
Center and the City's participation in the "Christmas In Dixie" parade.
Councilman Kiselewski advised the members of the Council he received a com-
munication from State Representative T,,'i 1, '° n0, I-! +ri
for library facilities. He suggested the Council consider the format.on
of a "task Force" -type of committee to look into all the possibilities re:
a City -owned 1ibr,try of a futurn meeting.
Cl)li;vC1L[ zU1ti Counc ilwocuu Monroe requested that the City, in the near future, recog,nine
`iOINROE' the artist of the CILV Seal, donaLed to the City and displayed in the Assembly
Room.
City Council Regular Meeting, 9/1/83
Page 3
RESOLUTIONS:
Attorney Yeager, representing Mr. Frank Callander, was in attendance to
AWESOLUTION 46,
address the Council pursuant to Mr. Callander's request for an extension of
983
the "cendltLonal use ", granted ;ia Resolution 46, 1982, for Lae sale of
alcoholic beverages at 4130 PGA Boulevard (out: - parcel at Loehmann's Plaza).
Tloy are requesting a six month extension; and the reason is the need for
more time to get the whole project started. This out- parcel is being sold to
the Steak 5 Ale Company, which is proposing to develop /operate a "Bennigan's"
restaurant on the site. (At the time the "conditional use" was granted, Mr.
Callander represented that he was gcing to develop /operate a restaurant very
similar to the "Raindancer" he owns on Palm Beach Lakes Boulevard in West
Palm Beach.)
During the discussion, Councilman Kiselewski voiced concern re: this being
used as a "sales tool" to help upgrade the value of the property and make it
more attractive to potential buyers. He was not in favor of extending the
"conditional use "; but, rather, the Council considering, on its own merit,
an application of the new owners of the parcel.
Attorney Yeager explained that since the granting of the conditional use,
thev purchased another piece of property within the City for a restaurant.
It would not be economically feasible for them to proceed with both pieces
of property at the same time.
In response Lo Councilman Kiselewski, Attorney Brant stated that no Public
Hearing is required for an extension of time; it is an administrative
procedure.
There being no further discussion, and by a unanimous vote of the Council,
the City C ?erk read Resolution 54, 1993, in full. Resolution 54, 1983, was
adopted by a vote of four ayes and one nay. Vote on motion: Mayor Aldred,
Vice Mayor Kiedis, Councilman Martino, and Councelwoman Monroe voted aye;
Councilman Kiselewsk1 voted nay.
ORDINANCES:
Moyer Aldred declared the Public Hearing open, which, pursuant to the require -
ORDINANCE 9,
ments of the "TRIM BILL ", was duly advertised by the Palm Beach. County Property
1983 �^
AppraLsor, and held for the purpose of receiving public input re: the City's
tentative budget) millage rate of 3.7590 mills, including general obli "ations,
for the 1983/1984 fiscal vear.
Aft
City Council Regular Meeting, 9/1/83
Page 4
Mi. Jim Leatherman, immediate past President of the PBt:YAA, and Mr. Chet
Reeves, member, addressed the Council expressing their concerns ov, 'I_Ld'I
improvements to the City's- softball fields, and suggested they be "line items"
in the budget - without latitude for deviation. 'These improvements include:
shelter for the dug -out areas, water fountains at the fields, lighting the
fields, rind more clay than that appropriated for `rant the Federal Revenue
Sharing Funds. They also expressed concern re: the general maintenance of
the fields, which was referred to the City Manager for appropriate action.
11
Per the request of the Mayor, the City Manager explained the major factors
in the budget, stating there is a proposed tax increase of 15% over the
certif ;e3 roll -back millige rats. Some of these Aicredses i,«]ude: General
Government, an increase of $408,000, brought about by garbage collection,
.increases in the City's insurance rates, electricity, and other "catch -all"
items, which include 37`% of the budget. Salaries reflect 47% of the budget.
Overall, the 1983,/84 budget increased approximately $700,000 from last year,
of which $500,000 will come from 'he State and $200,000 will come from
property ta:ces. I1 the City were to exceed the 15% increase, we would not be
e'_ip-ible for the kick -back of approximately $480,000 derived from the Local
Government Half -cent Sales Tax.
Lt. Ken Gordon, representing the CiLy's Fire Department, was in attendance
to address the Council requesting the firemen receive more than the 6%
general /cost -of- living increase in wages, which is proposed for all employees.
He provided the members of the Council a survev of salaries of members of area
f:.re departments for comparison.
Thanking Lt, Gordon for his input, the Council requested the City Manager to
provide them additional information regarding salaries for their review at
the workshop meeting of September 8, 1933.
Councilwoman Monroe suggested that at a meeting an the near future, the
Council discuss the recently repealed Merit System Employee Review /Wage
Program.
in response to Mr. Bill Markham, Military Trail. PBG. the City Manager advised
that the four cars budgeted for the Police Department are replacement cars.
Mt. Markham referenced the new "lemon law" to go into effect October Ist.
Mi. Jim Leatherman, immediate past President of the PBt:YAA, and Mr. Chet
Reeves, member, addressed the Council expressing their concerns ov, 'I_Ld'I
improvements to the City's- softball fields, and suggested they be "line items"
in the budget - without latitude for deviation. 'These improvements include:
shelter for the dug -out areas, water fountains at the fields, lighting the
fields, rind more clay than that appropriated for `rant the Federal Revenue
Sharing Funds. They also expressed concern re: the general maintenance of
the fields, which was referred to the City Manager for appropriate action.
11
City
Council Regular Meeting, 9/l/83
Page 5
at was the consensus
of the Council, in response to
Mr. Leatherm.tn and Mr.
Reeves, they discuss
the lighting of the fields at
Gardens Park at a meeting
she viewed the employment of a City Planner- .,; a definite need. She requested
-,ticn before
in the near future -
co include the possibility �f
placing f. %c que
the voters at a future special referendum.
There being no further commonta from the public, Mayor Aldred declared the
Public Hearing closed.
A motion was unanimously adopted by the Council to have the City Clerk read
Ordinance 9, 1983, on first reading, by title only.
Prior to the first reading of Ordinance 9, 1983, Councilwoman Monroe suggested
that a City Planner be placed in the budget as a "line item ". The majority Of
Lhc ('ouncil was uncertain .t-, t,) the need ,rising for a City Planner dur Lng
LhiS I iti ,ii ve,n'; Chcrcf r t'hry wur,- in favor of providing for the availa-
bility of the funds in the Council Contingency Account. Noting the concurrence
of members of the public she spoke with, Councilwoman Monroe offered that
she viewed the employment of a City Planner- .,; a definite need. She requested
the City "tanager and City Attorney to provide the Council information as to
how many dollars are expended from the City Attorney's account that could be
transferred to an account for a City Planner concurrent with the transfer of
duties.
There being no further discussion, the City Clerk read, by title only, on
first reading, Ordinance 9, 1983. A Public Hearing and the Council's con -
tiider3tion of tiecand reading and passage of this Ordinance that provides for
the adoption of the City's Budget for the 1983/1984 fiscal rear, will take
place at the Regular Meeting of September 15, 1983.
ORDI1UNCE 12.
By a unanimous vote of the Council, the City Clerk read, by LiLle only, on
1983
first reading, Ordinance 12, 1983, granting the rate increase for basic
service requested by Perry Cable T.V., as amended to include the maximum fee
structure for installations, and mist. services.
ITEMS FOR DISCUSSION:
PROGRESS REPORT
City Manager Sohn Orr reported on the status of the direction of the Council at
ON BROS.
the Regular Meeting of July 21, 1983, re: the removal of the buildings at the
PAGE,V7
1i11'
temporary site of the Hetzel Brothers Christmas and Easter Pageants. A letter
w•is sent Lo Mr. Bob Hetzel from Bankers Land Company, owner of the parcel,
Ycyucstinq removal of ,ill their scenery m,2LCr1a1s by September 1st. Mr. Orr
clari�ted that the intent of the September 1st deadline date was to have the
P,.terials removed within a reasonable period of time.
City Council Regular Meeting, 9/1/83 Page 6
Councilman Kiselevski noted Lhat Bankers Land Company was requested by the
® Council at the meeting of July 21st to take the necessary action for removal
of tb Hetzel Brother;, Pageant from their parcel on the northwest corner of
Northlake and MacArthur Boulevards by September 1st.
Attorney rQpOrtod that 1)ul'F11.1nL 11, Lhc Count' i l ',' direct iott .1l Lhal mCC'L inn,
he h,ls been workln� with Attornev Steve Cohen of Banker, Land Company's legal
department. They, the owners of the land, mpde the determination that the
pageant should be moved. The short notice of Bankers Land Company t, Mr.
Hetzel was unfortunate; however, Bankers will aid him in removing any struc-
tures on their premises, removing any debris remaining, and restoring the
site to its original state. They Rave Mr. Hetzel the option of removing
anything he considers to be of value voluntarily; otherwise, they will take
the necessary steps required by law. Attorney Brant assured the Council
they are proceeding on the right track, even though Bankers Land Company did
not feel evervthing would be removed by September Ist. Thev do want the
=ite restored by October 1st.
Subsequent to further discussion, the members of the Council were in agreement
wd th Attorney Brant,
0 = �I'PE.4L TO RLZiNG Attorney Raymond Royce, representing Electronic Financial Systems, was in
OF SITE PLAN S attendance to appeal the ruling of the Site Plan and Appearance Review Com-
APPEARANCE REVIE+:
COMMITTEE mittee, at their meeting of July 5, 1983, on their plans to install frue-
ELFCTRONLC `tanding automatic teller facilities within the parking lots of "Gardens
FINANCIAL Park Plaza" on Northlake Boulevard and "PGA Plaza" on PGA Boulevard.
SYSTEMS
Attorney Royce stated that after reviewing the minutes of the meeting and
discussing it with those who were in attendance, perhaps their presentation
could have been more thorough; but, they also felt there was a rush to
judgment, and were a numherof pre - conceived notions and opinions reached
very quickly by the Committee members.
The applicant rs willing to make addustments if necessary. Attorney Royce
advised that he has met with the City's Building Official, who felt they
call meet the negative factors that loci to the docisLoT1 of the Site Plan
and Appearance Review Committee in denying their application - to include
their concern, re: police and fire protection and traffic patterns.
Following their divcu,, -fon, 11 motion was unanlmousLv adopted by the Council,
that the submittal of the Electronics Financial Systems be Lorwarded to the
Citv's Site Plan and Appearance Review Committee for a re- hearing, and a *_ the
time of that presentation, the City Attorney be present to represent the Citv;
City Council Regular Meeting, 9/1/83 Page 7
and that the applicant, if dissatisfied with the ruling of the Committee
at the re- hearing, be allowed to appeal to the City Council.
PETITIONS AND COMKUN1CA'i_ONS:
The following communications were acknowledged:
REP. JIM WATT: 1. Notifying the City he will be at the Council meeting on September 22, 1983,
to give a legislative update.
CO. CO"MISSIONER 2.. Referencing Councilwoman Monroe's communication suggesting an alternate
KEN SPILLAS site be considered b the Solid Waste Authority for the
y y proposed Resource
Recovery Vac ility.
REP. TOM LEWIS 3, Congratulating the PBGYAA 13 -15 yr. old All --Star Girl's Softball Team
for winning the National Competition.
ADJOURNMENT. There being no further business, the meeting adjourned at 11 :14 P.M..
SAYOR ALDRED
C
— C MAYOR KIEDIS
CITY CLERK
COUNCILMAN MARTINO
COUNCILWOMAN MONROE
C(&NG`_LLYANTI KISELEWSKT