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HomeMy WebLinkAboutMinutes Council 050583CITY COUNCIL REGULAR MEETING CITY OF PALL BEACH GARDENS MAY 5, 1983 The Regular Meeting of the City Council of Lhe CiLy of Palm Beach Gardens, Florida, was called to order by Mayor Aldred, at 8:00 P.M., in the Assembly Room, 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the PI-dge of Allegiance to the Flap,. ROLL CALL: The roll was called by the City Clerk and present were: Mayor Aldred, Vice Mayor Kiedis, Councilman Martino, Councilwoman Monroe, and Councilman Kiselewski. City Manager John Orr and Attorney William Brant were also in attendance. MINUTES: The minutes of the Workshop Meeting of April 14, 1983 and Regular Meeting of April 21, 1983, were unanimously approved by the Council, as written. ANNOUNCE MENTS: Mayor Aldred announced that at 7:30 P.M., on Tuesday, May 10, 1983, meetings of the City's Planning and Zoning Commission, Recreation Ak Advisory Board, and Fire Department will convene. Also, on Wednesday, qu May 11, 1983, meetings of the City's Beautification & Environmental Committee and Comprehensive Land Use Plan Committee will convene at 7:30 P.M. and 7 :00 P.M., respectively. INTRODUCTION OF CITY'S FIRE DEPARTMENT'S REPRESENTATIVE IN STATEWIDE "MISS FLAME" CONTEST Mr. Tom Vreeland, the City's Fire Marshal, introduced the four finalists in the competition for a representative of our department in the annual "Miss Flame" contest to be held during the Florida State Firemen's Association's 56th Annual Conference and 50th Annual Auxiliary Convention to be hosted by our City May 24t1i through 29th, 1983, who arc Miss Laura Cameron, 111iss Lisa Anne de Steiguer, Miss Jill Jones, and Miss Laura Metzer. Mr. Bill O'Brien, President of PBG Fire Department, Inc., assssted by Mrs. Marilyn Brent, an Auxiliary member of the volunteer corporation and one of the ,fudges in the "Miss Flame" contest, presented each of the finalists with a Cramad Certificate of Appreciation and a wrapped gift. Mayor Aldred unveiled that Miss Lisa de Steiguer was selected as the 1st Runner —Up; and presented her a check in the amount of $25.00. And then, unveiled that Miss Laura Cameror was selected a-s the winner; and a5si.,Ced her * *it>> the placement of the sash identifying her as our department's representative in the "Miss Flame" contest. This contest City Council Regular Meeting, 5/5/83 Page 2 will be held at 7:30 P.M., on May 26, 1983, at our Community Activities Building. PROCLAMATIONS: Mayor Aldred reaa a Proclamation welcoming Statewide Delegates to the FLA. STATE FIREMEN Fla. State Firemen's Association's 56th Annual Conference and 50th 6 AUlILIARY DAY - -�- Annual Auxiliary Convention to be ]zosted by our City May 24tie through 29th, and proclaiming May 25th "Florida State Firemen and Auxiliary Day ". He presented this Proclamation to our Fire Chief, Edward F. Arrants, and Will1am P. O'Brien, President of PBC Pire Department, Inc.. HOSPITAI. WEEK SOIL STEWARDSHIP A five - minutes recess was held. Mayor Aldred read Proclamations proclaiming May 8th through 14th "Hospital Week ", and May 8th through 15th "Soil Stewardship Week ". WEEK ITEMS BY THE CITY MANAGER: PURCHASE OF WATER Per the recommendation of the City Manager, a motion was unanimously TANK FOR PLANT DRIVE PARR adopted by the Council authorizing thy. r.0 chase f a water tank for the to IMPROVE?tENTS TO ASSEMBLY ROOM 11 irrigation system at Plant Drive Park from Buffalo Tank Company, per their cost quote of 51415.00 - monies to be taken from Council Contingency. Mr. Rudolph Arsenicos, Architect, reviewed with the Council those modi- fications incorporated into the plans he prepared for improvements to the Assembly Room pursuant to the discussions at the Workshop Meeting of April 28th. The Council gave Mr. Arsenicos direction as to their 1st and 2nd pre- ferences on the location of a second entry /exit door at the rear (north wall) of the room. The location approved by our Fire Marshal in enforce- ment of our Fire Code will be shown on the plans for construction for the project to be. prepared by Mr. Arsenicos. The City Manager recommended the City act as its own contractor in imDle- menting the approved p1nn, with our Building Official being the coor- dinator, and the Council consider authorizing public call for bids for those, if anv, improvements that would appear to cost greater than $2,500. The City Attorney verified that this would not violate cur City Charter /the intent of the requirements for public call for bids. A motion was unanimously adopted by the Council approving this, the recommendation of the Cily Manager. City Council Regular Meeting, 5/5/83 Page 3 REPORTS; In response to Councilman Kiselewski, Mayor Aldred advised that he would COUNCILKAN make a report subsequent to meeting with a group of individuals next KISFLEWSKI Wednesday evening that will be discussing the :.Card o.- Palm Beach County Solid Waste Authority's proposed Resource Recovery Facility Technology and Site Selection. (The Solid Waste Authority is the lead implementation planning agency responsible for solid waste management and resource recovery in Palm Beach County. As a part of implementing a County -wide solid waste management system, they are currently proposing to locate a Resource Recovery Facility on a 1,600 -acre tract west of the Sunshine State Parkway, between 45th Street and the Bee -Line Highway.) Councilman Kiselewski reported that this morning he attended the meeting of the Metropolitan Planning Organization of Palm Beach County. The major topic of discussion was the potential of an up to four- cent - per - gallon gasoline tax the County Commission can impose and split with municipali- ties if they so- choose. (Per recent st iagisl_tion, each county, at the.tr option, can enact a tax of 1� to 4C for up to five years to fund roadway improvements. April 1st of this year, federal and state fuel Ask taxes increased a total of 7C per gallon of gas to fund improvements to their respective roadways. The County Commission has until July to approve the tax for it to be implemented September 1st; otherwise, they must defer the decision until nest year. Should the Commission fail to adopt this tax, municipalities representing more than 50 percent of the county population can force the issue to a referendum vote.) At 9:00 A.M. this 'Monday, the County Commission will have a Workshop session in their Chambers to discuss this possibility of a user fee. Per her inquiry, Councilman Kiselewski will relay to County Commissioner Peggy Hyatt the Council does feel this is an appropriate means to help finance roadway improvements: and a 4C per gallon levy is preferred by at least the majority of the Council. This is a non - binding indication; and a Resolution will be considered for adoption by the Council at a future date - t0 be forwarded to the County Commission and the Metropolitan Planning Organization. Councilman Kiselewski reported that per his conversations with Mr. Charlie Walker, Director of the Palm Beach County Traffic Division, the improvements on Northlakc Boulevard, between Interstate -95 and Military Trail, are being let for contract. City Council Regular Meeting, 5/5/83 Page 4 COUNCILMAN During the surprise party at the PTA meeting on May 12th, a plaque of 2tARTINO appreciation will be presented on behalf of the City to Mr. Emerson Plaer, who is retiring from the Palm Bea -h CGoity school system after 19 vears service - 15 vears as principal of the Palm Beach Gardens Elementary School. At a meeting in the near future, the Council will consider adoption of a Resolution endorsing the thoughts of County Commissioner Peggy Evatt re: the possibility oC the Palm Beach Junior College north campus being an appropriate site for a Florida State University performing arts theater and theater hall of fame. The project, initially proposed to be located within Jupiter Island Park, is sponsored by actor Burt Reynolds and would include a 900 -seat theater and 20,000 sq. ft. American Theater Hall of Fame Museum. Mr. Reynolds would largely finance it; and it would be run by F,S.U.. VICE MAYOR price Mayor Kiedis reported on the Site 1_in and appearance Review Com- KIEDIS mittee meeting he attended on Tuesday, May 3, 1983. The minutes of this meeting will be placed on file in the City Clerk's office. In response to Councilwoman Monroe, the City Attorney advised that the Site Plan and Appearance Review Committee is not autonomous in granting any deviations to the City's Code requirements. The City Manager clari- fied that the plans for the commercial professional office complex Mr. Vincent J. Pappalardo proposes to locate on a .945 -acre parcel on the northeast corner of PGA Boulevard and Ellison Wilson Road were approved b the Committee with the proviso the Council, subsequent to receipt of a formal recommendation from them, grants variances to "Article VII, Section 7. Buffer areas required where commercial or industrial use abuts residential use ". (The Northern Palm Beach County Chamber of Commerce proposes to purchase from Mr. Pappalardo, President of Northern Chamber Development Company, part of this two -story condominium for their quarters. Duly published public hearin„s will be held on the requested variances (i.e., to the required 15' landscaped buffer area and 6' -high wall on the north, south, and cast sides of the project) by the site Plan and Appearance Review Committee and the City Council at their meetings of June 7th and 16th, respectively.) At nest week's Workshop Meeting, the Council will discuss implementation of their policy re: absenteeism of advisory board members. City Council Regular Meeting, 5/5/83 Page 5 Mayor Aldred reported that he attended the Merit System Board meeting of Tuesday, May 3, 1983. The minutes of this meeting will be placed on file iu the City Cler1:'s office. ITEMS BY THE MAYOR AND COUNCIL: V] CF MAYOR The City Clerk w,t;; requested to refer to the City's Site Plan and Appear - KIED7S ance Review Code re: the reorganization of that committee's members. In response to Vice Mayor Kiedis, the City Manager advised that the State Department of Transportation has not approached the City re: their acquisition of our 2.9 -acre parcel at the northeast corner of the "Garden Lakes" project on Military Trail for the Interstate -95 extension. Per our understanding, two appraisals have been performed on the site. LAYOF ALDRED At a meeting in the near future, the Council will recognize, by Proclama- tion, the four National Merit Scholarship winners in Palm Beach Gardens High School's senior class: (1) Jane- M. Ness, who received a University of Florida- sponsored Merit Scholarship; (2) Marc J. Sabatella and (3) Judith A. Wolfson, recipients of University of Florida- sponsored Merit go Scholarships; and (4) Scott E. Marsalis, recipient of a Carleton (Minn.) qr College- sponsored ?Merit Scholarship. Two other senior students in Palm Beach County were winners of National Merit Scholarships; and they are: Robert D. Evon of Cardinal Newman High School in West Palm Beach; and '.Michael R. Manthei of Atlantic High School in Delray Beach. Per Council - wom.in 'Monroe', understanding, three of the five seniors that won scholar- ships from United Technologies (Pratt S Whitney Aircraft) are graduates from Palm Beach Gardens High School. RESOLUTIONS; By the concurrence of the Council, the City Clerk read, in full, RESOLUTION 28, Resolution 28, 1983, appointing, "James Wilson" member of our Comprehensive 1983 Land Use Plan Committee. Resolution 28, 1983, was unanimously adopted k), the Council. RESOLUTION 36, By the concurrence of the Council, the City Clerk read, in full, Resolu- 1)83 tion 36, 1983, appointing "Bob Hamner" a member and "John Toshner" an alternate member of our Planning and Zoning Commission. Resolution 36, 1983, was unanimously adopted by the Council. Aft RESOLUTIONI 37, Mayor Aldred declared the Public Hearing open, which was duly advertised WP 193; April 20, 1983, and held on the intent of Resolution 37, 1983, permitting as a CG -1, General Commercial, "conditional use" the retail s,ii� /vervice of 11(_011111C beverages, for cn- and off - premise consumption, on a one - acre parcel of land located within Section 19, Township 42 South, Range City Council Regular Meeting, 5/5/83 Page 6 43 East on the south side of Northlake Boulevard, between Burma Road and MacArthur Boulevard. Councilwoman Monroe explained she was not in [avor of the request, as she feels three lounges would be in very close proximity in the area of Northlal<o Boulevard. Mr. Dave Carpenter of William G. Wallace, Inc. addressed the Council on behalf of the petitioners, Eugene and Marilyn C. Bie, owners of the parcel since 1978. Mr. Carpenter explained they propose to develop an aesthetically- pleasing 11,275 sq. ft. building on the site - 5,000 sq. ft. of it to be a package store with lounge and grill; and 6,275 sq. ft. of it to be offices. In response to Vice Mayor Kiedis, Attorney Bie clarified that they pre- sently own approximately 2.1 acres on the southeast corner of Northlake Boulevard and Burma Road. He listed "for sale" the remaining acre to the west, which could be developed under any of the given land usages of the City's CG -1 zoning classification. They plan for the subject request to be a family operation; and he feels there presently isn't anything like what they propose between Interstate -95 and U.S. Highway #1. A shopping center is proposed to be located east of their site; and he encouraged the Council to grant the request of the package store that proposes to locate within the center if /when they request the "conditiona use" required. With no further comments from members of the audience, the Mayor declared the Public Hearing closed. Councilman KLselewski related that he felt the Council shouldn't deny the petitioners their request to proceed with a cocktail lounge; but he, personally, was not in favor of the combination of offices and a cocktail lounge. The parking requirements for each would have to be satisfied, regardless of any thoughts they might have opposite business hours. He also was not in favor of the very preliminary site plan shown by Mr. Carpenter as a representation of what thu petitioners propose to locate on the tract. The plans for construction of the project will be con- sidered for approval by the City's Site Plan and Appearance Review Alm Committee if /when application is made by the developer. WLth ao objectiona from the other members of the Council, the Mayor requested the City Clerk to read Resolution 37, 1983, in full. The City Cleric read Resolution 37, 1983, in full. City Council Regular Meeting, 5/5/83 Page 7 A motion was made by Vice Mayor Kiedis, seconded by Counclman Martino, the Council adopt Resolution 37, 1983. In response to Councilman Kiselewski, tte Cir; Attorney clarified that the "conditional use ", if granted, would automatically terminate if the actual construction of the project is not commenced within one year from approval /passage of the Resolution. Per a petition of the applicants, an extension of up to six months could be considered for approval by the Council, giving them a total of 18 months from date of passage of the Resolution to commence developing, the project - not including site preparation. Attorney Bic advised that he understood this provision. Vote on motion to adopt Resolution 37, 1983: Mayor Aldred, Vice Mayor Kiedis, Councilman Martino, and Councilman Kiselewski voted aye; Councilwoman Monroe voted nay. Resolution 37, 1983, was adopted by the Council by a vote of four ayes and one ;. ,. RESOLUTION 38, A motion was unanimously adopted by the Council, inserting the name 1983 "ponald Kiselewski" in the blank of Section 2. of Resolution 38, 1983, entering into an Interlocal Agreement with the Metropolitan Planning Organization of Palm Beach County, and appointing an elected official to represent us, a municipality recently appointed a member of the organization by Governor Bob Graham. By the concurrence of the Council, the City Clerk read, in full, Resolution 38, 1983. Resolution 38, 1983, was unanimously adopted by the Council.. Councilman Kiselewski will serve as a member of the Metropolitan Planning Organization representing our municipality. ORDINANCES: Mavor Aldred declared the Public Hearing open, which was duly advertised ORDINANCE 17, April 20, 1983, and held on the intent of Ordinance 17, 1982, regulating 1982 the location of "Coin And /Or Token Operated Or For Hire Amusement And /Or Skill Game -Type Machines ". Members of the audience did not address the Council re: their considera- tion of adoption of this Ordinance. Mayor Aldred declared the Public 4earing closed. By a unanimous vote of the Council, the City Clerk read, by title only, on second reading, Ordinance 17, 3982. A motion was made bv Councilman Kiselewski, seconded by Vice Mayor Kiedis, the Council adopt Ordinance 17, 1982, with the three clerical/ typographical mistakes on page 2 of the May 3, 1983 draft corrected. City Council Regular Meeting, 5/5/83 Page 8 In response Lo Councilman Martino, the City Attorney clarified that sub- paragraph "(h) Nonconforming Use." of the Ordinance mandates that 7� anyone in this type of business prior to th,� adoption of the Ordinance has until October 1, 1984 to fully comply with the requirements of the Code. Mr. Apgar, owner of "Ashley's Arcade" in the shopping center on the northeast corner of Gardens East and Lighthouse Drives, indicated he didn't have any questions about this provision. Vote on motion: Vice Mayor Kiedis, Councilman Martino, Councilwoman Monroe, and Councilman Kiselewski voted aye; Mayor Aldred vote nay. Ordinance 17, 1982, was adopted by the Council by a vote of four ayes and one nay. ORDINANCE 4, Mayor Aldred declared the Public Hearing open, *which was duly advertised 1983 April 18, 1983, and held on the irtent of Ordinance 4, 1983, regulating the usage of off - street vehicles on certain public and private property. Mr. Bob Yeager, a resident of the Plat ii4 subdivision in the City, addressed the Council expressing his reservations re; the Police Department's capability of enforcing the Ordinance, due to the types of vehicles it regulates. With no further comments from members of the audience, the Mayor declared the Public Hearing closed. By a unanimous vote of the Council, the City Clerk read, by title only, on second and final reading, Ordinance 4, 1983. In response to the City Manager, it was clarified that the Ordinance, as now proposed, restricts licensed "jeeps ", too, from traversing any private property of another. The "purpose" outlined in the Ordinance gives the Police Department guidance in enforcing it. Councilman Martino noted that the City's Police Chief has deemed this proposed Ordinance to be enforcible from an arrest standpoint. Ordinance 4, 1983, was unanimously adopted by the Council. Mr. Jack Ballard of 4690 Holly Drive, PBG, advised of the proposals of Bankers Land Company to deter drivers of motorized vehicles from traversing their vacant lands, including those unincorporated. The City Manager offered that their location of cinches could be hazardous /an for the Police Department's enfexcement of the Ordinance. City Council Regular Meeting, 5/5/83 Page 9 AERIAL LADDER The City Manager reported that bid specifications have been obtained ® TRUCK FOR SALE from the Town of Indian River Shores Fire Department for the unused 1978 5,' ladder truck they have for sale. 0•:r Fi.� Chief is obtaining as much information as possible on this vehicle which might be advantageous for our City to own - to include why that municipality feels it no longer needs the vehicle. AVAILABILITY OF The City Manager reported that Mr. Marvin C. Hill, Jr., our contracted MR. MARVIN C. Land Use Planner in the preparation of our Comprehensive Land Use Plan, HILL, JR., LAND USE PLANNER will probably be here from Jacksonville, Fla., within the next two weeks. ADJOURNMENT. With no further business, the meeting adjourned at 9:55 P.M.. MAYOR ALDRED COUNCILMAN MARTIN VV10t MAYOR KIEDIS COUNCILWOMAN MONROE �OUNCILM&N I<ISELEWSKI i CITY CLERK 13