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.