HomeMy WebLinkAboutMinutes Council 121682CITY COUNCIL '
REGULAR MEETING
CITY OF PALM BEACH GARDENS
0
DECEMBER 16, 1982
The Regular Meeting of the City Council of the City 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 Aldred and Councilman Martino. Councilman Kiedis
was not in attendance. City Manager John Orr and Attorney William Brant
were also in attendance.
MINUTES:
The minutes of the Regular Meeting of November 18, 1982 were unanimously
approved by the Council, as written.
ANNOUNCEMENTS :Mayor Kiselewski announced that the City's Administrative Offices will be
closed December 24th and 27th, in observance of the Christmas holiday.
ITEPIS BY THE
CIT`i MANAGER:
TWO 1982
The members of the Council unanimously a_:orted a motion authorizing the
KAWASAKI
expenditure of $8200 from Police Department Account 64.20 and $896 from the
POLICE. SPECIAL
MOTORCYCLES
Law Enforcement Account to purchase, including trade -in, two (2) 1982 Kawasaki
Po Lice Special Motorcycles for the Police Department as per the low bid
received from Palm Beach Kawasaki on December 2, 1982.
FTtiE SCOTT
The members of the Council unanimously adopted a motion authorizing the
PRESUR -PAK
BREATHING
expenditure of $3525.75 from Fire Department Account 64.20 for the purchase,
APPARATUS
including trade -in, of five Scott Presur -Pak Breathing Apparatus, as per the
low bid received December 2, 1982, from Broward Fire Equipment,
HELIPORT AT
Per the recommendation of the City Manager, the Council unanimously approved
PGA NAT'L
the request of the PGA National to move forward in seeking he
g permission of
the FAA and DOT for the relocation of the helipad now situated on the
northwestern extremity of the "Resort Core" to the northeastern extremity.
PROCLAMATION
The members of the Council concurred with the recommendation of the City
HONORING
PBGHS FOOT-
Manager a Proclamation be read at a future meeting, honoring the PBGHS
BALL TLAbf
football team for their great season this year.
SHADY LAKES
A representative of Shady Lakes Enterprises will address the Council at a
MONETARY
DONATION TO
future meeting pursuant to their request to deviate from the payment schedule
CITY'S
for their donation to the City's Recreational Land /Facilities Account.
RECREATIONAL
LAND FACILIT_
An Ordinance amending the one that created the "Shady Lakes" PUD (i.e., Ord -
IES
inance 7, 1981), would be required to enable the postponement of payments.
City Council Regular Meeting, 12/16/82 Page 2
ITEMS BY THE MAYOR AND COUNCIL:
COUNCILMAN
Councilman•, Martino reported on the Planning and Zoning Commission meeting he
MARTINO,
attended on December 14, 1982. At that meeting it was suggested that a
member of the Commission also attend meetings of the Site Plan and
Appearance Review Committee and vice versa, to keep the two advisory boards
informed of the items each are considering. Also suggested was that the
same Council member be liaison to both advisory boards.
MAYOR
Mayor Kiselewski reported on the observations and recommendations made by two
KISELEWSKI:
professors from Florida Atlantic University, re: the City's Comprehensive
DRS. DEGROVE
Land Use Plan at a meeting held December 16, 1982 with the Mayor, Vice Mayor,
AND NICHOLAS:
and Members of the City's Site Plan and Appearance Review Committee and
Planning and Zoning Commission in attendance.
!'he Mayor reported that our City remains one being considered for membership
in the Metropolitan Planning Organization.
The Mayor reported on the schedule for improvements to State Road Alternate
A -1 -A, per the County Planning Department.
The Mayor reported on the informal breakfast meeting the County Administrator
advised the Board of County Commissioners will be holding December 22, 1982.
Areas of mutual concern will be brought to the attention of the legislative
delegation.
VICE MAYOR
VLCe Mayor Monroe referenced the communication of Mr. E. Llwyd Ecclestone, Jr.
MONROE:
of the "PGA National" regarding proposed deviations from the Development
Order for the project. She recommended this be forwarded to the City's
Planning and Zoning Commission for their review and comments. The other
members of the Council will also receive copies.
COUNCILMAN
The recommendation of Councilman Martino that "conditional usages" run with the
MARTINO:
businesses /petitioners requesting them, rather than with their proposed locales,
will be considered during the Council's sessions on the "Code Update ".
COM,IENTS FROM
THE PUBLIC FOR ITEMS NOT ON THE AGENDA:
SAM CARSILLO: Mr. Samuel Carsillo, 10063 Dahlia Avenue, Palm Beach Gardens, addressed the
Council reiterating several of the areas of concern he has expressed at past
Council meetings.
Councilman. Martino reoortQd on a communication he sent members of the
legislative delegation requesting (1} Military Trail be four- -laned between
Northlake and PGA Boulevards and all heavy vehicular truck traffic and
chemical trucks be re- routed from the segment; and (2) immediate improvements
be made to Alternate AlA.
City Council Regular Meeting, 12/16/82
Page 3
ORDINANCES;
® ORDINANCE 11, 2y a unanimous vote of the Council, the City Clerk read, by title only, on
1981 first reading, Ordinance 11, 1981, imposing "Fire service & Facilities Fee"
on developers of structures exceeding two stories. A duly advertised
Public Hearing and the Council's consideration of adoption of Ordinance 11,1981
will take place at the Regular Meeting of January 20, 1983.
ORDINANCE 17, The Mayor declared the Public Hearing open, which was duly advertised
1982 November 29, 1982, and held on the intent of Ordinance 17, 1982, regulating
the location of "Coin Operated or for Hire video Amusement Games -Type
Machines" within the City.
Mr. Samuel Carsillo, 10063 Dahlia Avenue, Palm Beach Gardens, addressed the
Council recommending that if these machines are permitted to be located
within the City, they be isolated away from residents and businesses.
with no further comments from members of the audience, the Mayor declared
the Public Hearing closed.
During the Council's discussions on Ordinance 17, 1982, they inserted the
words "electronically operated" in the stead of the word "video" where it
appeared in the heading paragraph and body of the Ordinance.
Subsequent to lengthy deliberations, a motion was adopted by the Council that
they postpone judgment on Ordinance 17, 1982, until such time a survey is
performed by City staff of establishments that now have these machines, to
substantiate a quantity that will prompt the requirement for "conditional use"
approval - co be inserted in the second line of Section 2 of the Ordinance.
Also, "standards" referred to in the second sentence of the paragraph will be
defined. Due to the "substantial changes" being made to this Ordinance, First
Reading, a duly advertised Public Hearing, and the Council's consideration of
second reading and adoption of Ordinance 17, 1982, as amended, will take
place at future Regular Meetings of the Council. In the meantime, per the
City Attorney, the moratorium on the location of these games within the
City remains in effect.
ORDINANCE 22, By a unanimous vote of the Council, the City Clerk read by title only, on
1982 first reading, the December 13, 1982 draft of Ordinance 22, 1982, clarifying
open space /lot coverage requirements in PUDS. The Council will consider
adoption of Ordinance 22, 1982, subsequent to exercising a duly advertised
Public Hearing at the Regular Meeting of January 20, 1983.
ORDINANCE 23L The Mayor declared the Public Hearing open, which was duly advertised
1982 Novembee 29, 1982 and held on the intent of Ordinance 23, 1982 amending the
City's restrictions on the parking of vehicles, including recreational, on
the paved and unpaved portions of road rights -of -way within the City. Also,
City Council Regular Meeting, 12/16/62
Page 4
the parking of certain commercial vehicles within the City's single - family
residential districts.
The City's Ordinance 11, 1982, adopted July 1, 1982, modified the City's Code
by prohibiting (1) parking of any part of a vehicle, at any time on the paved
portion of the road rights -of -way within the City, (2) the parking of any
vehicle, at any time, on the unpaved portion ( swale) without the permission
of the property occupant contiguous to it, (3) the parking of trailers or
boats at any time, within the paved or unpaved portion of any road rights -of-
way; and (4) the parking of trucks in excess of three- fourths ton within the
City's single - family residential zoning districts except to deliver /pick -up
goods or render services. Since that time, several residents of the City
have expressed concern regarding the hardships these restrictions have caused
them. Mr. Walter Wiley, 4243 Hyacinth Circle South, Palm Beach Gardens,
addressed the Council, thanking them for acknowledging some of the concerns
he had via the proposed Ordinance. He noted the inequity of restricting
commercial trucks but not commercial vans. Also, that the Ordinance, as
now written, technically restricts the parking of operable vehicles in the
swale areas - an oversight.
Mr. Bob Hamner, 4265 Hyacinth Circle North, Palm Beach Gardens, addressed the
Council objecting to the City permitting the parking of vehicles on the
swale areas. He preferred that operable vehicles be allowed to park wholly on
roadway pavement in lieu of the proposed permission to encroach 12 inches.
Mr. Samuel Carsillo, 10063 Dahlia Avenue, Palm Beach Gardens, was in favor
of the provisions outlined in Ordinance 11, 1982 regarding the parking of
vehicles within the swale areas. In response, the Mayor explained that per the
City Attorney, authority to regulate the use of public lands cannot be
delegated to private sectors.
In response to Ms. Ann Coburn, Hyacinth Circle, Palm Beach Gardens, the City
Manager explained that those swale areas within the City that are now paved
existed prior to the enactment of the Ordinance that prohibited it - they
are grandfathered.
Mayor Kiselewski declared the Public Hearing closed.
Councilmen Aldred and Martino expressed their preference that the subject
Section 17 of Article VI be amended to regulate the parking of vehicles
within the City's road rights -of -way per that prior to the adoption of
AM Ordinance 11, 1982. (i.e., only prohibiting the parking of any vehicle on the
roadway pavement - between the hours of 2 AM and 6 AM) The City's Ordinance 31,
1978 prohibits the traversing of any commercial motor vehicle, 11,000 lb.
g;v /w or greater, across any public street within the City except certain State
City Council Regular Meeting, 12/16/82 Page 5
and County roads,except to deliver /pick -up goods or render services.
By a unanimous vote of the Council, the City Clerk read, on second reading,
Ordinance 23, 1982, by its title and the following amendments:
1. The addition, following sub - paragraph (a) first: "Exception: Parked,
operable passenger vehicles shall be allowed to park on the unpaved portions
of the road rights -of -way within the City at any time." 2. The word "over"
inserted in the stead of the word "on" in the third line of the now - second
"Exception:" paragraph of sub - paragraph (a). 3. The verbiage "No vehicle
11,000 lbs. gross vehicle weight or greater" inserted in the stead of verbiage
"No commercial trucks (containing signs designating a business) of any type,
or personal trucks in excess of three- fourths (3/4) tons" in sub - paragraph (b).
4. The "Exception" paragraph of sub - paragraph (b) deleted,
A motion was made by Vice Mayor Monroe Ordinance 23, 1982 be adopted by the
Council, as amended. Councilman Aldred seconded the motion noting that it is
less restrictive than that now in effect. Vote on motion: Mayor
Kiselewski, Vice Mayor Monroe and Councilman Aldred voted aye; Councilman
Martino voted nay. Ordinance 23, 1962, was adopted by the Council, as
amended, by a vote of 3 ayes and 1 nay.
BTEMS FOR DISCUSSION:
DIVOSTA OFFICE
Mr, William Shannon, General Counselor for DiVosta Construction Company,
PROJECT
addressed the Council requesting that, in the event sub - section 16.14 of
Article VII of the City's Zoning Codes pertains, they be permitted to await
longer than one year for commencement of construction of their office project
created on a 2.109 acre parcel on the southwest corner of Military Trail and
PGA Boulevard by Ordinance 32, 1981 on January 27, 1982.
The City Attorney rendered the opinion the above - referenced section of the
City's Codes pertains to non - residential PUDs; and that the requirement
out-Lined in Ordinance 32, 1981, that the pro }ect be completed within two years
remains in full force unless amended. A poll was taken of the Council and
all were in agreement.
CONDITIONAL uSE
Mr. COstos Papanikos, owner of "Olympia Cafe" within the PGA Plaza at 2514 PGA
FOR OLYMPIA CAFE
Boulevard, addressed the Council requesting they enable him to sell /serve
beer and wine for on- premise consumption, by granting the required CG -1 (Genera
Commercial) "Conditional use" and variances to the distance requirement of 750'
between a3coholic beverage vendors.
At their Regular Meeting of January 6, 1983, the Council will consider adoption
of Pcsolutions granting these requests, subsequent to exercising duly advertise
Public T3earings,
City Council Regular Meeting, 12/16/82 Page 6
CREATION OF
At a meeting in the near future, the Council will workshop a Resolution,
COMP. PLAN
DIMIT FFE
to be prepared by the City Attorney, creating a committee to make
recommendations to them regarding the implementation of the City's
Comprehensive Land Use Plan. This Resolution will include the responsibilities
of the committee and the appointment of members — five individuals now serving
on the City's Planning and Zoning Commission and /or Site Plan and Appearance
Review Committee, two individuals from the general public; and perhaps,
one member of the Council. (Mr. Jeff Ornstein, member of the Site Plan and
Appearance Review Committee; Steve Brock, Don Vogel, and Prank Brutt,
members of the Planning and Zoning Commission; and Mr. Bob Hamner, a resident,
have already offered their services.)
ITEMS FOR DISCUSSION:
At a meeting in the future, the Council will discuss the possibility of
soliciting public input, via a special notice, on drafts of Ordinances they
will, perhaps, consider enacting at some future date. This would be in
addition to the duly advertised Public Hzar .ios to immediately precede their
considerations of adoption of Ordinances.
PETITIONS AND COMMUNICATIONS:
CHIEF
Mayor Kiselewski acknowledged receipt of communications from the following:
IRE
ARRANTS
1_ Fire Chief Edward Arrants, addressing the NPB /PBG Jaycees, confirming
chew discussions regarding the organizations discontinued usage of the
facilities at the station.
MR. BOB HAMNEP
2. Mr. Bob Hamner, 4265 Hyacinth Circle North, Palm Beach Gardens, offering to
serve on the City's Planning & Zoning Commission and /or the proposed
' Comprehensive Planning Committee ".
MR. ROBERT
3. Mr. Robert F. Jernigan, System Manager of Perry Cable TV, advising of the
JERNIGAN
changes they will be making in their "Cable Plus" services.
MR. WILLIAM
4. Mr. William E. Finley of Bankers Land Company addressing Mr. John Astarita,
FINLEY
General manager of the "MacArthurs Holiday Inn ", commendinq their new signage.
MRS. ELIZABETH
5. Mrs. Elizabeth T. Dovorany, 618 Brackenwood Cove, Palm Beach Gardens,
DOVORANY
expressing dissatisfaction with the City's $20 fee for burglar alarm system
registration.
MR. DENNIS MOORE
6. Mr. Dennis L. Moore, Director of the Animal Regulation Division of
Palm Beach County, responding to the concerns of Mr. Richard C. Fuhrmann, a
City resident, regarding stray animals in his neighborhood.
DJOURNMENT:
qW
With no further business, the meeting was adjourned at 11:27 P.M.
0
11
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,^,
PGRRY
CRBlE TV
December 15, 1962
Ms. Linda Ard
City Clerk
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
Dear Ms. Ard,
We will be changing our "Cable Plus" service in your franchise area
during January and are mailing the attached letter to our subscri-
bers of this service to inform them.
We are pleased to be adding new services which are among the most
popular in the nation - Music Television (MTV) and Cable Health
Network (CHN).
Unfortunately, we may be forced to delete one of our most popular
services because of a new ruling concerning copyright fees which
would cost us and our subscribers over one -half million dollars
a year to offset.
We were informed recently and unexpectedly of a new federal government
Copyright Royalty Tribunal ruling which would substantially alter our
cost of carrying programming from "distant signal" stations such as
WCIX Ch. 6 Miami. This very short notice and lack of clear definition
about the Tribunal's ruling has caused our attorneys to advise us that
deletion of this service is the only sure method of avoiding the half
million dollar copyright fee.
Even though the "Cable Plus" services are not regulated as to program
content or price by the franchise, the complexities of the Copyright
Royalty Tribunal's ruling would require that the copyright fee be
paid on the revenues received from basic service. it is for this
reason and because we believe a rate increase for our subscribers to
offset this programming charge is unjustified at this moment that
we have decided deletion of this service would be in the best interest
of our subscribers. Thus, it is quite apparent that unless a last -
minute court action to stay the decision on this new ruling comes into
effect we will need to discontinue WCIX Ch. 6 after December 31st.
((j PERRY CAM TV 10435 1 RONWOOD ROAD / PALM BEACH GARDENS, FL. 33410 /305- 627 -3600
aa$y M
Y1'Y�
�E
When the full ramifications of this new copyright fee situation
are clear, we intend to completely analyze our programming in an
effort to be sure we have done everything possible to deliver full
value to the subscriber. When this analysis is complete, we will
schedule a review session in order that you can share our considera-
tions and review how restructuring our services would be to the
subscribers' benefit.
Please let me know if there is anything concerning the very compli-
cated copyright situation which you would like to discuss. We have
contacted our subscribers and informed the newspapers of this
possible change in programming and will keep you and our subscribers
informed of the industry progress in this matter.
Meanwhile, the best to you and yours for the holiday season.
Sincerely,
PERRY CABLE TV CORP.
Robert Y. Jernigan
System Manager
ccf
FJ fERRYCA SUETV 10435 IRONWOOD ROAD/ PALM BEACH GARDENS, FL. 33410 /305- 627 -3600
r i
U_J
CASU TV
December 13, 1982
Dear Perry Cable TV Subscriber:
We are pleased to tell you that we will soon be adding several new program
networks to your "Cable Plus" service.
on Channel G /20 you will soon receive Music Television (MTV), featuring
top rock performers. On Channel A /14 we will also soon bring you the
Cable Health Network (CHN) with information on eating betuer, keeping fit,
staying healthy and enjoying life. We hope to make both of these services
available to you sometime in mid - January. So, keep watching for therr.
We will also bring you the Financial News Network and Dow Jones on Channel
K/24 in January. These services will feature NYSE quotations and financial
news 24 hours a day. Satellite /Radar Weather will move from Channel G /20
to Channels J/23 and R /31 to accommodate the above changes.
As you may have read, there has been an unfortunate decision made by a
government agency called the Copyright Royalty Tribunal which may make it
impossible for us to continue some of our "Cable Plus" services without
adding substantial cost. In the case of our Palm Beach Gardens system
which provides your signal, the only service affected would be WCIX
Miami (Channel I/22).
in brief, the ruling has established copyright fees for cable companies
who supply their subscribers programming from "distant signals" such as
WCIX which would increase our costs by over one -half million dollars per.
year. We believe that our subscribers would not reel at a rate increase
necessary to offset this expense would be justifiable.
unless a pending court stay decision regarding this new ruling comes into
effect, we will be forced to discontinue this station after December 31.
Since the court may make a last - minute- decision, we will probably be
unable to communicate with you prior to that time. Thus, if WCIX is not
present after January 1, you will know that the additional copyright fees
.ave been upheld.
��e sincerely hope this move will not be necessary as we are aware of how
;popular this station is. Perry Cable TV Corp.
will put its full effort in
with tha`_ of the National Cable Television Association and the National
i,�:socia"icn of Broadcasters' efforts to appeal this decision. Meanwhile,
wa will continue to explore ways to bring interesting new programming to
your "Cable Plus" service such as MTV and Cable Health. We will keep you
informed of our progress.
The very best wishes to you and yours for the holiday 'season.
nc� rely{{,
ohs H. Perry, T, I
President
U PERRY CABLE TV 10435 1 RONWOOD ROAD I PALM BEACH GARDENS, FL. 33410 /305 -627 -3600
4 10500 N. MILIT.`.RY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 622 -1200
December 15, 1982
Mr. Dick Flah, President
North Palm Beach /Palm Beach
Gardens Jaycees
Dick,
Thank you for your time the other day when we spoke of the
NPB /PBG Jaycees no longer using the fire station for its
meetings. T am glad that you agree that both organizations
have outgrown the mutual facility.
The 1972 agreement, which allowed the Jaycees the use of the
building, clearly stated that when the fire department needed
the space, the arrangement would come to end. Ten years
ago, the fire department responded to less than 100 alarms
per year and had a drill schedule that called for approxi-
mately 800 training hours per year. Those numbers to date
show that the department will respond to over 700 alarms and
® will participate in over 5,000 hours of training. Expansion
of fire prevention programs and the admiinstrative reeds have
increased to the point that new office space is needed in the
east wing. This increase necessitates the creation of leisure
space and classrooms to be moved into the west wing.
With the building of the North Palm Beach community Center and
other possibilities that we discussed, I am sure you will have
no problem finding more agreeable accommodations.
Another item discussed was the upcoming ban on beer and any
alcoholic beverages in the building.
As you will also remember, we spoke of the maintenance schedule
for your remaining time in the building. The floor is scrubbed
and waxed every other week. (The last time any assistance was
received from the Jaycee group was when Jerry Flanders was the
President.) The schedule calls for the floor to be cleaned on
Saturdays. Your group is scheduled for the third Saturday in
January and again in June. You are also reminded that the floor
is to be swept, ashtrays cleaned, and the blackboard cleaned if
used each time your group uses the room.
Again, thank you for your time.
Edward(F. Arrants
Chief of the Fire Department
cc: City Manager
Mayor and Council
1 J
v 1
O J
J _L�
® k
,:!n--:
Board of County Commissioners
Norman Gregory, Chairman
Peggy B. Evatt, Vice - Chairman
Frank Foster
Dennis Koehler
Bill Bailey
r1U it ��
December 1, 1982
County Administrator
john C Sansbury
Animal Regulation Division
68E_5299
Mr. Richard C. Fuhrmann
10828 Magnolia Street
Palm Beach Gardens, FL 33410
Dear Mr. Fuhrmann:
Your letter to the Palm Beach Gardens City Council
concerning stray animals in your neighborhood has been
referred to the Animal Regulation Division.
On November 24th, one of our Animal Regulation
officers investigated your complaint at the two addresses
mentioned in your correspondence. The officer issued
a violation notice to the owner on Hickory Drive, while
a citation for allowing the animal to run at large was
issued to the address on Magnolia Street.
if the problems that you previously had been
experiencing occur again, please call our office at your
earliest convenience. Thank you for the information in
this matter.
Sincerely,
DLM:tw Dennis L. Moore, Director
cc: Mr. ,john L. Orr, City Manager
Palm Beach Gardens
BUILDING S 1454, P. B. L A. WEST PALM BEACH . FLORIDA 33406