HomeMy WebLinkAboutMinutes Council 031882® CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
MARCH 18, 1982
Biscayne Fire Equipment Company, Inc., Miami, Florida - (30) 50' lengths
of 3" Imperial -Brand hose: $1710.00; (20) 50' lengths of 1�" Imperial -
Brand hose: $2390.00
East Coast Fire Equipment, Inc., WPB, Florida - (30) 50' lengths of 3"
National -Brand hose: $3912.75; (20) 50' lengths of I'j" National -Brand
hose: $1143.30
W. Q. Dowling Fire Equipment, Inc., Ocala, Florida - (30) 50' lengths of
® 3" hose: $3900.00; (20) 50' lengths of 1?,1" hose: $1300.00
These bids were remanded to the City Manager for recommendation to the
Council at a future meeting.
The Regular Meeting of the City Council 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, Florida; 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. City Manager John Orr was also in attendance. City Attorney
William Brant was not in attendance, due to unexpected business.
MINUTES:
The minutes of the Workshop Meeting of February 25, 1982, were unanimously
approved by the Council, as written.
The minutes of the Regular Meeting of March 4, 1982, were unanimously
approved by the Council, as amended.
The minutes of the Special (Reorgani_zational) and Workshop Meetings of
March 11, 1982, were unanimously approved by the Council, as written.
ANNOUNCEMENTS:
Mayor Kiselewski announced the City's Planning and Zoning Commission will
be holding their bi- monthly meeting at 7:30 P.M., on Tuesday, March 23,
1982.
CALL FOR BIDS:
The bids received by the City from three suppliers were opened and read
LENGTHS OF FIRE
HOSE aloud by the Fire Chief for lengths of fire hose, as duly advertised
March 1, 1982, as follows:
Biscayne Fire Equipment Company, Inc., Miami, Florida - (30) 50' lengths
of 3" Imperial -Brand hose: $1710.00; (20) 50' lengths of 1�" Imperial -
Brand hose: $2390.00
East Coast Fire Equipment, Inc., WPB, Florida - (30) 50' lengths of 3"
National -Brand hose: $3912.75; (20) 50' lengths of I'j" National -Brand
hose: $1143.30
W. Q. Dowling Fire Equipment, Inc., Ocala, Florida - (30) 50' lengths of
® 3" hose: $3900.00; (20) 50' lengths of 1?,1" hose: $1300.00
These bids were remanded to the City Manager for recommendation to the
Council at a future meeting.
City Council Regular Meeting, 3 /18/82
ITEMS BY THE CITY MANAGER:
Page 2
LETTER OF CREDIT
The City Manager reported that the County's Traffic Division has not
POSTED BY N.P.D,
indicated any of the warrants set forth in the "Manual on Uniform Traffic
HOLDINGS, INC.
OR TRAFFIC SIGNAL
Cuatrol Devices for Streets and Highways" have been met for the installa-
AT "SANDTREE DRIVE"
tion of a traffic signal at the intersection of Sandtree Drive and
Northlake Boulevard; and requested direction from the Council re: the
$25,000 Irrevocable Commercial Letter of Credit posted by N.P.B. Holdings,
Inc., developer, pursuant to the requirements set forth in the Ordinance
that created the "Sandtree" PUD (Ordinance 7, 1978). The City Manager will
request the County to go ahead and install the signal, applying the $25,000
toward its cost. In the meantime, the Letter of Credit due to expire March
29, 1982, will be again renewed.
COUNTY'S COLLECTION/ The City Manager referenced a comparison of the County's Budget for this
DISBURSEMENT OF
"ROAD
fiscal year with the 1980 /1981 fiscal year and noted that while the
AND BRIDGE
TAXES"
County Commission provided for an increase in revenues for the majority of
their operating expenses, they substantially decreased that appropriated
for the "County Transportation Trust Funds ", commonly known as "Road and
Bridge Taxes ". This "movement in funds" enabled them to respond favorably
to the taxpayers' plea for a lesser County millage rate than proposed,
•
while at the same time, complying with the State Mandate that they distri-
bute to the municipalities one -half of these "special taxes" they levy on
lands within their corporate boundaries (Section 336.59 of Chapter 336,
Florida Statutes). This last- minute switch caused the allocations to be
approx. one -half of that anticipated by the municipalities in their budgets
for roadway improvements. The City Manager suggested that we, together
with any /all other municipalities that share the same concern, take the
appropriate action to cause the County Commission to amend their 198'/1982
budget to provide for "rightful" distributions.
DUAL - TAXATION SUIT Referencing the $4.2 million the County Commission was ordered to place in
AGAINST COUNTY escrow for distribution in the event they lose their pending appeal to the
ruling on the "Dual- Taxation Suit ", the City Manager suggested that
assurance be made that none of the settlements to the four municipalities
are proposed to be taken from tax monies of our residents. The basis for
this suit, initially thought to have been class - action, is that the same
County millage rate should not be levied on rroperties within municipali-
ties as on unincorporated lands when a duplication of services exists,
such as police protection, street lighting, etcetera.
City Council Regular Meeting, 3/18/82
Page 3
The City Manager will seek a copy of the study performed by Keaton and
Associates for these four municipalities (West Palm Beach, Palm Beach,
North Palm Beach, and Boca Raton), on the pros and cons of having a
lesser County millage rate (i.e., the dual — taxation monies that would be
saved versus the services that would be discontinued), for the Council's
perusal and consideration of instituting a suit of the like against the
County. He will also inquire as to the interest of other municipalities
in joining us /sharing the cost.
ITEMS BY THE MAYOR
AND COUNCIL:
VICE MAYOR MONROE
In response to Vice Mayor Monroe, the City Manager advised that the
Building Official has been in contact with Mr. William G. Lassiter, owner/
developer of "Gardens Park Plaza" on the southeast corner of Military
Trail and Northlake Boulevard re: his non — conformity with various
ordinances of our City, including landscaping.
The other members of the Council did not object to Mayor Kiselewski's
implementation of Vice Mayor Monroe's suggestion at the March 11, 1982
Workshop Meeting that when time permits, at the discretion of the Council,
®
items for workshop appear on agendas for Regular Meetings.
MAYOR KISELEWSKT
The City Manager was requested to remind Mr. Leo Passi, authorized agent
for Mr. Isaac Gamel, owner /developer of Phase II of the Vision One PUD,
of his agreement at the March 4, 1982 Regular Meeting to upgrade the
sidewalk in front of Phase I of the project within two weeks.
RESOLUTIONS:
By the concurrence of the Council, the City Clerk read, in full,
RESOLUTION 13, 1982
Resolution 13, 1982, reappointing George Bayer and James Hollenbeck
members of the City's Site Plan and Appearance Review Committee.
Resolution 13, 1982 was unanimously adopted by the Council.
RESOLUTION 14, 1982
By the concurrence of the Council, the City Clerk read, in full,
Resolution 14, 1982, extending the permissible time one year for a
helicopter landing site to be located at Bankers Land Company, 4176 Burns
Road, Palm Beach Gardens, FL. Resolution 14, 1982 was unanimously
adopted by the Council.
RESOLUTION 15, 1982
By the concurrence of the Council, the City Clerk read, in full,
Resolution 15, 1982, urging the Governor and Cabinet of the State to
®
approve the Master Plan and provide for financing of the John D. and
Catherine T. MacArthur County and State Park. Resolution 15, 1982, was
adopted by the Council by a vote of four ayes and one nay. (Vote on
City Council Regular Meeting, 3/18/82
Page 4
motion: Mayor Kiselewski, Councilman Kiedis, Councilman Aldred, and
® Counclman Martino voted aye; Vice Mayor Monroe voted nay as she felt
it was inappropriate for the Council to request implementation of a
plan they, themselves, had not reviewed. The other members of the Council
indicated they trusted the judgments of the County Commission, the North
Palm Beach Village Council, and the Conservation Corporation.)
ORDINANCES: Mayor Kiselewski declared the Public Hearing open, which was duly
ORDINANCE 4, 1982 advertised March 3, 1982, and held on the intent of Ordinance 4, 1982,
providing for the regulation of Tree Preservation.
Attorney Louis Timchak addressed the Council advising that Bankers Land
Company has engaged the services of Urban Design Studio to advise them
and the City on what this Ordinance should include. He and Mr. Rick
Warner, Registered Landscape Architect, reviewed with Mr. Hank Skokowski,
President of the land planning firm, the discussions of the Council re:
this Ordinance at their Workshop Meeting of March 11, 1982. Mr. Skokowski
has briefly reviewed the Ordinance; and has some feeling for problem
areas. Attorney Timchak proposed to the Council they postpone their
consideration of adoption of this Ordinance to a later date, enabling him,
® the City Attorney, and Mr. Skokowski to formulate recommendations.
Mr. Skokowski addressed the Council giving a brief disortation on his
background in this field, including Chairmanship of Advisory Committees
instrumental in the preparation of a revised Landscape Ordinance currently
being considered by the Palm Beach County Commission for adoption.
Subsequent to further discussion, a motion was made by Councilman Martino,
seconded by Councilman Kiedis, the Council recess the Public Hearing on
their consideration of adoption of Ordinance 4, 1982 until their Regular
Meeting of May 6, 1982; and, that the input of Urban Design Studio, the
City Attorney, and Bankers Land Company be submitted and workshopped by
the Council at their meeting of April 8, 1982. Vote on motion: Mayor
Kiselewski, Councilman Kiedis, and Councilman Martino voted aye; Vice
Mayor lionroe and Councilman Aldred voted nay, as they felt this time
table provided for a greater possibility of a developer not preserving
vegetation to the extent of the proposal and that amendments could be
considered for incorporation at a later date. Mayor Kiselewski, Council-
4Pman Kiedis, and Councilman Martino felt the City's Ordinance 26, 1931,
providing for the regulation of the clearing and grubbing of vacant lands,
is sufficient until Ordinance 4, 1982 is in readiness for consideration
of adoption.
City Council Regular Meeting, 3/18/82 Page 5
Mr. Skokowski was requested to recommend changes to the language in
the current draft of Ordinance 4, 1982, rather than rewriting it.
ORDINANCE 29, 1981 Mayor Kiselewski declared the Public Hearing open, which was duly
advertised March 3, 1982, and held on the intent of Ordinance 29, 1981,
regulating false alarms to the Police & Fire Departments.
s
Members of the audience did not address the Council re: their considera-
tion of adoption of this Ordinance. Mayor Kiselewski 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 29, 1981. Ordinance 29, 1981
was unanimously adopted by the Council.
ITEMS FOR DISCUSSION:
COUNCILMAN KIEDIS: Councilman Kiedis reported he spoke with Mr. Don Kohl, Administrator of
the N.E. County Courthouse Complex, re: the maintenance of the median
strip at Military Trail and Northlake Boulevard. Although the State
Department of Transportation has ownership of this right -of -way, Mr. Kohl
will pursue the City's request that the County assume the responsibility
of maintaining it.
MAYOR KISELEWSKI: The :`larch 12, 1982 recommendation of the Building Official re: requiring
street addresses to be readily readable from the street at residences and
businesses within the City will be workshopped by the Council at their
meeting of March 25, 1982,
Mayor Kiselewski announced that the Council's tour of the City with
Mr. Thomas S. Waldron in his Bell Jet Ranger Helicopter is tentatively
scheduled for this Saturday morning.
The "Recommended Rules of Procedure" the City Attorney drafted per the
Council's request at their Regular Meeting of March 4, 1982, will be
forwarded to the City's Advisory Boards and Zoning Board of Appeals
subsequent to being discussed /approved by the Council at their Workshop
Meeting of March 25, 1982.
City Council Regular Meeting, 3/18/82
Page 6
PETITIONS AND COMMUNICATIONS:
® Mayor Kiselewski acknowledged receipt of the following:
MR. RICHARD RUVIDO 1. A communication from Mr. Richard Ruvido, 919 Sandtree Drive, PBG,
RE: NEED FOR TRAFFIC requesting the location of a traffic signal at the intersection of
SIGNAL AT SANDTREE
DRIVE Sandtree Drive and Northlake Boulevard. The City Manager has related
to Mr. Ruvido the Council's request the County install this signal -
to be partially funded by the $25,000 Letter of Credit posted for that
purpose by N.P.B, Holdings, Inc., developer of the "Sandtree" PUD.
In response to Councilman Kiedis, the City Manager advised the Kroh
Brothers Development Company has not reached an agreement with Mr.
Bob Harris, President of N.P.B. Holdings, Inc., re: access from
Sandtree Drive to the Northlake Trade Center they propose to develop
on the southwest corner of Sandtree Drive and Northlake Boulevard.
The City is presently in litigation with N.P.B. Holdings, Inc. re:
the dedication of Sandtree Drive to us.
"SPOTLIGHT PLAYERS" 2. A Schedule of Events of the "Spotlight Players ", a local theater
group.
® ANNOUNCEMENT FROM 3. An announcement from Mr. William H. Webster, Director of the Federal
FEDERAL BUREAU OF Bureau of Investigation, that Graduation Exercises of the FBI National
INVESTIGATION
Academy will commence at 10:30 A.M., on March 26th, at the United
States Marine Corps Base in Quantico, Virginia. Our Police Chief,
Mr. Edward F. Himmelsbach, will be graduating from this, the 128th
Session.
ITEMS FOR DISCUSSION:
STATUS REPORTS The other members of the Council concurred with the Mayor's suggestion
FROM CITY ATTORNEY the City Attorney bring them u p- to -date monthly, in writing, on items
they have requested of him.
REWRITE OF OFF- Subsequent to exercising a duly advertised Public Hearing at their meeting
STREET PARKING of February 23, 1982, the Planning 6 Zoning Commission recommended to
REQUIREMENTS
the Council adoption of the 1/14/82 draft of Ordinance 1482, a
"re- write" of Article VI. Off- Street P'irking and Toading Regulations,
with the proviso the City's Landscape Code be revised to coincide.
0
City Council Regular Meeting, 3/18/82
ADJOURNMENT.
Page 7
During the discussion re: this draft, the Council:
1. Amended the sub - paragraph of Section 3 to read: "(a) Medical and
dental offices or clinics: Five (5) apaces for each doctor: plus
one (1) space for each employee or one (1) space per 250 square feet,
whichever is greater." ; and
2. Inserted the time table "a seven -day period." in the stead of
"three days in any fourteen -day period." in sub - paragraph (1) of
Section 18.
The Council will exercise a Public Hearing on these proposed amendments
at their meeting of May 13, 1982. This will be advertised in the City's
May, 1982 Newsletter, and in articles of local newspapers.
With no further business, the meeting adjourned at 9:45 P.M.
MAYOR 9LISELEWSKI COUNCILMAN KIEDIS
VICE MAYOR MONROE
COUNCILMAN ALDRED
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_F - 1981 __- COUNTY ;=t(
336.08 Validation of tionds.-
(1) Whenever the commissioners, in behalf of anv
special road and bridge district orgamred under the
provisions of this law shall have authorised the issu.
ante of bonds pursuant to any of the provisions of
this law, such com— Nionerc may, if they shall so
elect, canse such hoods to be validated in accordance,
as nearly as it Is practicable to apply the same, with
the provisions of law relatin to the validating of
bonds Issued by counties and municipalities.
(21 In the event of the eeeretse of such election by
the commissioner%, all the provisions of law relating
to the validating of bonds issued by counties and mu.
nreipahtnes shall be held also to include and apply to
bonds Issued by special road and bridge districts
(3) The decree of validation that shall be entered
by the court shall have the same conclusive force and
Wert as the law now, relates to bonds issued by coun-
ties and municipalities
(4) This provision as to Nalidation proceedings
shall riot be construed as being compuisnry upon, but
only optional, with the corn missioners
H iatnrN -a 1I51�h _" "x,� la•.,
336.39 L"y of lox for road and bridge pur-
poses; proportion to In unicipahlies.-
(1) The comm- mriers shall lev }y a tax not to ex-
ceed 10 mills on a dollar on all property in their coun-
t} each Near for road and bridge purposes Such tax,
when collected, shall be paid over to the county de-
pos1tory and kept in a separate fund, which fund
*not he c\pended for anN other purpose than for
on the public roads and bridges in the county,
and fur the naynivi t of the salaries of emplovees en-
gaged in road and bridge work, and in proNiding the
necessary tools, materials, implements and equip-
ment and for the necessary work on such roads and
bridges
(2) One -half the amount realized From such spe.
cial tar on the propert} in incorporated cities and
towns shall be turned oNer to such tides, urban cer-
Nice districts, and towns, in accordance with the
schedule required in s 197 016, to be used in con-
structing, repairing, and maintaining the roads
streets, and bridges thereof, as may be proNided by
the ordinances of such cities and towns
Ir,.lnr, -1 1%4 di ,J'M -' OlS I 1 :h 6145,1 1 ch :: vi , -'t :h
336.60 Gates across county roads, permit
- - "(1) The eornmlly nee'+ In-IN' permit the construc-
ton of gales across the county roads of their respec-
tive counties whenever, in their opinion, the same
❑ill not unnecessarily interfere with the public travel,
and shall pre❑•: ibe the place where such gate shall be
plated and the manner if the Ionstruction and main.
tenance thereof
(2) The commissioners may rrsclnd Inv such per.
mit whenever they shall diem it necessary for the
Public good At least 30 days preNious notice shall be
given the party to whom such permit shall halve been
It
anted before the same shall he rescinded
11 „ion. _i ty: ,h ] "•N„ 14.1
661 Uehnitlons,--
i) Whcnevcr the term' pi: rson, "'voter," or "elec-
)AD_SYSTEM Ch.336
tor" 11; referred to in ss. 336.62 - 336,67 it shall be
deemed to mean any entity owning legal title to real
property within the district, whether residing within
the district or not, and any person residing within the
distract who is eligible to vnte in any general or spe-
cial election,
(2) Whenever the term "lot” is referred to in said
sections it shall be deemed to mean I acre or fraction
thereof. However if the proposed district is divided
into lots, parcels, or units of similar size, the term lot
shall mean that division of land
ihxts- -.v 1, ch r: Ili,
336,62 Alternative method of establishing
special road and bridge districts. —
(1)(a) As an alternative method of establishing a
road and bridge district, a petition signed by persons
having not less than 25 percent of the votes as de-
fined herein within the boundaries of the proposed
district may be filed with the board of county com-
missioners of the county in which said district is to be
located
(b) Said petition shall describe the territory to be
included in the proposed district, the name of the
district if there is one, and the general purpose for
which the district is being established
(c) Said petition shall request the board of coun-
ts commissioners to tail and provide for a referen-
clum election to determine whether such district shall
be created and also to call for an election of the first
board of commissioners for the district
(d) \�rthin d0 dais after the petition is received
b} the commission, the rnmmi —ton shall determine
from information provided by the property appraiser
and the supervisor of elections whether such petition
has been duly signed h} persons having the requisite
number of eligible votes within the boundaries of the
proposed distract If there is a sufficient number of
valid signatures representing 2.) percent of the votes
in the proposed district, the board of county cornmis-
sioners shall hold an election within 60 days to deter-
mine whether the district shall be created The board
of county commisvoners shall have notice of such
election published once a week for 4 succcssiNe weeks
in a newspaper of general circulation within the area
of the proposed district The notice shall describe the
purpose for which the distrlt t is to be established and
the territory proposed to be included in the district
If there is no such newspaper, then notice may be
posted on the courthouse door and in five conspicu-
ous places within the proposed district
(2)(a) At the same time the board of county com-
missioners fixes the date for an election to determine
whether a district shall be established, it shall also
call an electron for five persons to serve as commis-
sioners of the prnposi'd district The county commis-
sioners shall ah,i adNertise in the same manner that
an election is to be held for five commissioners of the
proposed dlstnct and shall set out in the notice the
qualifications of candidates to qualify by petition for
election to said office as provided in paragraph (g)
The board of county commissioners shall cause to be
printed on the ballot for the district referendum the
names of any persons qualified as candidates for the
office of member of the board of cornmibsioners of
241
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