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HomeMy WebLinkAboutMinutes Council 012083CITY COUNCIL REGULAR MEETING ni PALM nLACH GARDENS JANUARY 20, 198:, The Rop,ular Meetia of the City Council of the Ctty of Falm Leach Gardens, Florida, was called to order by Mayor Kiselewski at 8:00 P.iM. in the Assembly Room, 10500 North Military Trail, Palm Beach ::ardens, Florida; ,xnd opened with the Pledge of Allegiance to the Plat. ROLL CALL: The roll was called by the City Clerk and present were: Mayor Kiselewski, Vice Mayor Monroe, Councilman Aldred, and Councilman Martino. City ;tanager John Orr and Attorney William Brant were also in attendance. Councilman Ktiedis was not in attendance. MINUTES: The minutes of the Regular Meeting of January 6, 1983 were unanimously ,-,nproverl by the Council, as corrected. ANNOUNCE;1ENTS Mrvor Kiselewski announced that on Tuesday, January 25, 1983, there will be a meeting of the City's Planning and Zonins, Commission at 7:30 P.M. ?ROCL11:1x10.IS: '.favor Kisclewski read a Proclamation commending, the coach ind members of the Palm Beach Gardens Hipp School's "Gators" Football Team for their (jutsta -iding performance in their past football season. Ile presented this ?roclamation to Messrs. Ben McCoy, Coach, and Jeff Coons, Tri-Captain. 1f ,ItS 81 TRU CITY "TANAGER: Per the recommendation of the City Manager, a motion was unanimously adopted by the Council authorizing the purchase of three 1983 Chevrolet Impalas for the Police Department C $8425 each through the State Contract Process - monies to be taken from the Federal Revenue Sharing Account, as budget ad. In,tead of trading them in, the three used cars will be ;ol.d by auction or sealed bids. Per the recommendation of the City Manager, the Council unanimously adopted a motion authorizing an Increase in the City's "umbrella" liability i,ls,crance cover,lre to $S million for a l)iemium not to exceed $4,8DO to be taken from the account for pavmcnt of insurance premiums in this fisc.il :ear's budeet. The City Manager acknowledged a communication from Mr. Robert Stubbs of Rebart Stubbs, Inc., financial Advisors- An,l.vsts in Jacksonville, referen,.ins our >rre Service and Facilities Fee" and challenge of the rate adjustment request of Seacoast Utilities, Inc. before the PSC. City Council Regular Meeting, 1/20/83 Page 2 The City Manager reported that the Building Official is ascertaining cost estimates for waLerproofing and sealcoating the municipal complex;. (S f th .tr., :vu offices leak wi,n it rain-.) R.,V0,TS: Councilmjan Martino reported nn the Site Plan and Appearance Review Com- - �ilttec me�•tinl, he .wttvndud on .January 18, 1983. The minutes i tlz� meeting will be placed on fiie in the City Clerk's office. ITE.HS BY IPF MAYOR AND COUNCIL: MAYOR The City Attorney was requested o render an opinion as to whether the vl1 T,EWSRT City's Zoning; Board of Appeals properly administered the standards set forth for the autonomous board when they approved one of the three reque.ats of Mr. Randall Fenkell of Randv's Ribs North Ltd. to variate from the requirements of the City's Sign Code at their meeting of January 12, 1983. If not, the Council could opt to appeal the Board's ruling to the Circuit Court, up to 20 days from the date the decision was rendered. CO�L%[ENTS ?RO'i THE PUBLIC FOR ITEMS NOT ON THE AGENDA: MR. SAMUEL Mr. Samuel Carsillo, 10063 Dahlia Ave., PBG, addressed the Council erpress- CARSILLO iaf concern re: the possibility of him being partly liable for damages that could result from the location of his mailbox in the City's road right -of -way, per the requirements of the Postal Authority. MR. JAMES ST. The Cin- Attorney reported that by the Workshop Meeting of January 27, 1983, ANTOINE he should have a definitive report on his discussions with Northern Palm Beach Countv [dater Control District re: resolving the problem with cycles travelling the canal easement along, the northern /eastern perimeter of Plat . MR. & MRS. WY.. In response to Mr. & Mrs. William Martin, owners of the "Cesta Inn" MART _ restaurant located within "Gardens Park Plaza" on the southeast corner of Military Trail and Northlake Boulevard, the City Manager advised the City is working on having the Code violations at the shopping center resolved by the owner, Mr. William G. Lassiter; and a positive outfall system to, hopefully, he provided at some future date to the east would help alleviate the problem with the excessive retention of storm waters on the site. RESOLUTIONS: BY the concurrence of the Council, the City Clerk read, in full, Resolution RESOLUTION fig 6, 1983, appointing Charles Breder and Emory Williams members and Donald 19.;3 Rochon and Sail Sherman alternate members of the City's Zoning; Board of Appeals. Resolution 6, 1983 was unanimously adopted by the Council. City Council Regular Meeting, 1/20/83 Page 3 RESOLL'TLON 7, By the concurrence of the Council, the City Clerk icad, in full, Resolution 1983 7, 1983, establishing a committee to make recommendations to the Council regarding implementation of the City's Corprehen -.eve Laid Use Plan with: the word "either" inserted between the words "c[" and "the" in tite fourth ;tne .ind th<- word "or" inverted in the stead of the word "and" in the fifth line of the 1st paragraph of the 1st sub - paragraph of Section 1; the names "Donald Vogel, ", "Steve Brock ", "Prank Brutt", "Jeffrey Ornstein ", "Jay Hasner ", "Robert Elamru_r ", tnd "Seymatir Fine" listed as the members In the 3rd paragraph of the lst sub - paragraph of Section 1; and the word "necessarily" inserted in the stead of the word "necessary" in the 4th sub - paragraph of Section 1. Resolution 7, 1983, was ananimously adopted by the Council, as amended. The recommendations of this "Comprehensive Planning Committee" will be forwarded to the Council for tentative approval and referral to the City's Local Planning ARcncy, comprised of the me-r.:,ers of the City's Planning and Zoning Commission, for recommendation to the Council prior to formal action. RLSULUTIOS S. -� By the concurrence of the Council, the CLty Clcrk read, in full, 1933 Resolution 8, 1983, enecuting a Lease Agreement with Royal American Industries, Inc. for a pistol range for the Police Department. Resolution 8, 1983 was unanimously adopted by the Council. RESOLUTION 9, The itnvor declared the Public Hearing open, which was duly advertised Jenuary 3, 1983, and held on the intent of Resolution 9, 1983, permitting as ,i CG -1 (General Commerc.tal) "conditional use" the sale of beer and wine, for on- premise consumption at "Spaghettt World" located within Loehmann's PIaza at 4078 PGA Boulevard. Mr. Eenjamin Bernstein, E:cecuttve Vice President, addressed the Council on behalf of "Spaghetti k'orld ". [lath no input from other members of the audience, the Mavor declared the Public Hearing closed. By the concurrence of the Council, the Citv Clerk read, in full, Recolution 9, 1983, permitting as a CG -1 "conditional use" the sale of beer and wine C -r on- premise consumption at "Spaghetti World" located witnin Loehmann's Plaza at 4078 PGA Bouluvard. Revolution 9, 1983 was adopted unanimously by the Council. City Council Regular Meeting, 1/20/83 Page 4 RESOLUTION 10, The ,Mayor declared the Public Hearing open, which was duly advertised 1953 January 3, 1983, and held on the intent of Resolution 10, 1983, providing :o: a variance to the dista—e requirement of 750' betwe ^n ai,ohollc 1,everage vendors per the petition of "Spaghetti Wcrla". Members of the a,idience didn't address the Cot"ncil re: this requested variance. The Mayor declared the Public Hearing closed. By the concurrence uC the Council, the City Clerk read, to full, Resolution 10, 1983, granting a variance to the distance requirement of 750' between alcoholic beverage vendors, per the petition of "Spaghetti World ". Resolution 10, 1933, was unanimously adopted by the Council. RESOLUTION 11, Ev the concurrence of the Council, the City Clerk read, in full, Resolution 1983 11, 1983, authorizing the e;;ecution of an agreement with the FEC and State DOT for maintenance of the grade crossing and traffic control devices at the railroad crossing on Burn- Road at Alternate A -1 -A. Resolution 11, 1983 was unanimously adopted by the Council. RESOLUTION 12, By the concurrence of the Council, the City Clerk read, in full, Resolution 1983 12, 1983, requesting reauthorization, by the Congress, of the General Revenue Sharing Program, with: the words "President and" inserted between the words "the" and "Congress" in the heading paragraph and in Section 1; the 3rd "WHEREAS" paragraph ended aftr,r the word "unaccomplished. "; and the words "President, the" inserted between the words "the" and "local" in the paragraph of Section 0 Resolution 12, 1983, was unanimously adopted by the Council, as amended. ORDINANCES: The Mavor declared the Public hearing open, which was duly advertised ORDINANCE 1i, December 27, 1982, and held on the intent of Ordinance 11, 1981, imposing 1981 n "Fire Service and facilities Fee" on developers of structures exceeding two stories. ,`fumhers of the audience didn't address the Council re: this proposed Ordinance. Sub.equent to deliberations, this Public Hearing was recessed to the Regular PZeeting of .�pr;l 7, 1953, by a motion made by Councilman Martino, stating that the City has had mach discussion as to the feasibility and legalities of the Ordinance; and based on the input from the local Home Builders ind Contractors Association, an additional 90 days would help to City- Council Regular Meeting, 1/20/83 Page 5 substantially improve the content and context of the Ordinance. The motion was seconded and unanimously adopted by the Council. Attorney Brant was AdNk requested to ascertain from Mr. Robert Stubbs, a financial advisor - analyst in Jacksonville, a cost quote for providing a r_asibility and economic study. ORDIXANCE, 22, The Mayor declared Lhc Public I1en1'in}; open, which wa•, duly .icivertised 1982 Decemher 27, 1982, and held on the intent of Ordinance 22, 1 ,)82, clarifying open space /lot coverage requirements in Planned Unit Developments. Attorney Raymond Royce, represen °i.ng Bankers Land Company, addressed the Council recommending certain amendments be made to the Ordinance for uniformity with the City's Planned Community District zoning classification With n- further comments from members of the public, the :Mayor declared the Public Hearing closed. By a unanimous vote of the Council, the City Clerk read, on second reading, by title and the sentence "Pro rata shares of the above percentages will apply for mixed use developments." adder `- *_hc end of the definition paragraph in Section 1. Ordinance 22, 1982, was unanimously adopted by the Council, as amended. (1RDINANCE 1, By the concurrence of the Council, the City Clerk read, by title only, on 1983 � _ first reading, Ordinance 1, 1983, c- :panding the "Code F.nforcemenc Board" to seven members. A Public Hearing and the Council's consideration of adop- tion of Ordinance 1, 1983 will take place at the Regular Meeting of Febru- ary 3, 1983. ITEMS FOR DISCUSSION: PUBLIC HEARIN(I ON Pursuant to the discussions at the Regular Meetings of September 2nd and DEVELOPMENT ORDER October 7th, 1982, the City Clerk duly advertised, on October 20th, a FOR BANKERS LA10 CO�,TATW S REGIONAL Public Hearing to take place at the current meeting, pursuant to Chapter CENTER 380.06, 4 (10) (a) (b) (c) (d) Florida Statutes, and 27 F 1.21 of the Flor idn Administrative Rules for the Development of Regional Impact commonly known as the Bankers Land Company Regional Center. (Per State Statutes, the notice shall be published at least 60 days in advance of the hearing.) And then, it the Regular Meeting of November 4, 1982, the City Manager referenced the connnunication of November 2nd from Attorney Raymond Royce, authorized agent for Bankers Land Company, requesting that the required 60 -day notice of this Public Hearing not be given to Treasure Coast Region - -il Planning Council. (Per State Statutes, they would have a maximum of 50 is days from receipt of the notice to prepare and submit to the City a report and recommendations on the regional impact of this proposed development, providing for the m_imimum of 10 days that the Council would have the aj�eacy's recommendations for review prior to the public hearing.) City Council Regular Meeting, 1/20/83 Page 6 Attorney Raymonr+ Royce addressed the Council referencing his communication Aft of January 14, 1983, advising that Bankers Land Company is not ready to mo : -.ward wit, iii_ appii.-ation; and rcquest'ng that th% matter be postponed. Treasure Coast Regional Planning Council has not forwarded their required comments to the Council, as the modifications Bankers Land Company desires to make to their petition have not been incorporated. .Attorney Royce advised that if /when Bankers Land Company decides to proceed with their application, they have no intentions to renegotiate poic,ts nreviously discussed with the Council, such as the donation of lands for a fire sub - station on- /off -site, east of the railroad tracks. A motion was unanimously adopted by the Council, tabling, indefinitely, the Public Hearing on their consideration of a "Development Order" for this project, proposed to be located on a 458 -acre parcel bordered, in general, on the north by Atlantic Blvd., the south by PGA Blvd., the west by Alternate A -1 -A, and the east by Pro lty Far ^s Road. if /when Bankers Land Company files its modified petition, the Council could order a new Public Hearing date, which would trigger Treasure Coast Regional Planning Council to complete its study and furnish its comments to the Council prior to the new Public Hearing. SEAC'J.1ST UTILITIES The City Manager adivsed that he had been in contact with the Village of RATE NCRLASF. North Palm Beach and the Town of Lake Park pursuant to the discussions re: PEOUF3STS hiring consultants to ,:.hillenge Seacoast Utilities' request of the Public SerVLCe Commission For permission to substantially increase their water and sewer rates_ Once the PSC has issued an order, subsequent to receipt of their staff's recommendations, the City will have an option to intervene. In the meantime, Attorney Brant has been contact with the Puhlic Counsel to Tallahassee, who will have representatives in this area within 10 days to review the case. DEDTCATTON OF The Mayor advised that the City's Community Center is open and the dedica- - - -- tion will be held on F'ebr_uary 5, 1983. P17TT7TCNS AND COMMUNTCATTONS: The Mayor acknowledged receipt of communications from: Si,PERViSOR_OF J. 14s. Jackie Winchester, Palm Beach County Supervisor of Elections, toELECTIONS advising that on February 22nd, she will appear before the Palm Beach County Leglsl.utive Pelegatiou to ask them to introduce a local bill, providin£ for the 2nd Tuesday in :March as a uniform election date for munrcivalities, with the provision that anv municipality may exempt itself by Ordinance.