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HomeMy WebLinkAboutMinutes Council 030482CITY COUNCIL REGULAR MEETING ® CITY OF PALM BEACH GARDENS MARCH 4, 1982 The Regular Meeting of the City Council of Palm Beach Gardens, Florida, was called to order by Mayor Kiedis 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 Kiedis, Vice Mayor Martino, Councilman Aldred, Councilwoman Monroe, and Councilman Kiselewski. City Man-gar John Orr and Attorney William Brant were also in attendance. MINUTES: The minutes of the Workshop Meeting of February 11, 1982, were unanimously approved by the Council, as written. The minutes of the Regular Meeting of February 18, 1982, were unanimously approved by the Council, as amended. ® ANNOUNCEMENTS: Mayor Kiedis announced that on Tuesday, March 9, 1982, at 7:30 P.M., there will be meetings of the City's Planning & Zoning Commission, the Fire Department, and Recreation Advisory Board; and on Wednesday, :larch 10, 1982, the monthly meeting of the Beautification & Environmental Committee will convene at 7:30 P.M.. PROCLAMATIONS: Mayor Kiedis read Proclamations proclaiming March 7th "Palm Beach County Sports Hall of Fame Day" and March 7th -13th "Women's History Week ". ITEMS BY THE CITY MANAGER: AWARDING OF BID At the Regular Meeting of January 7, 1982, the Council approved the FOR FIRE PUMPER specifications the Planning Committee of the Fire Department proposed to accompany their solitication for bids for a new 1,000 g /p /m fire pumper. At the Regular Meeting of February 18, 1982, the Fire Chief opened ind read aloud the bids received by the City from three fire appartus manu- facturers for this vehicle, as duly advertised February 1, 1982. Per the recommendation of the City Manager and the Fire Department's Planning Committee in a memo of this date, a motion was unanimously adopted by the Council the City Manager be authorized to execute a twelve- month agreement with First American Bank for the leasing of the "Emergency One" vehicle bid at $113,924 by W. Q. Dowling, Tne., the only Manufacturer City Council Regular Meeting, 3/4/82 Page 2 whose bid met the City's specifications. At a meeting in the future, the ® Council will consider adoption of a Resolution confirming this authoriza- tion, and outlining the account of the City's budget for the monthly lease payments, including the fixed annualized 114% cost of money, to be taken from (i.e., approx. $2,100). The City's continual leasing of this equipment from First American Bank for 65 months will provide for our ownership of the vehicle. REPORTS: Councilwoman Monroe reported on the meeting she attended of the Merit COUNCILWOMAN System Board on Tuesday; March 2, 1982. The minutes of this meeting are MONROE on file in the City Clerk's office. ITEMS BY THE MAYOR AND COUNCIL: COUNCILMAN In response to Councilman Kiselewski, the City Manager advised DiVosta KISELEWSKI Construction Company's pending location of a stacking lane for right hand turns onto Larch Avenue from Military Trail will eliminate the "dog -leg" now in Military Trail north of there. Referencing a flyer he received this date advertising the sale tomorrow of kitchenware out of a "U- Haul" trailer in the parking lot of the Mobil Service Station on the southwest corner of PGA Boulevard and the RCA Ace Drive, Councilman Kiselewski requested the City Manager to advise the retailer this is not a permissible use. Also, if /when the retailer that sells stuffed toys on Northlake Boulevard, east of Interstate -95, is within our corporate boundaries, he is to advise him /her the same. In response to Councilman Kiselewski, the City Attorney advised that per the Attorney he retained to research the existence of a patent on the name "Golf Capital of the World ", he cannot obtain a clearance for the slogan to be officially used for our City. The "Palm Beach Gardens Chamber of Commerce ", who prompted this inquiry last year, will be advised of the Attorney's findings, once received by the Council, in writing. For the benefit of the advisory boards and the Zoning Board of Appeals of the City, the City Attorney was requested to provide, in simplified form, the step --by -step procedures for conducting public hearings. COUNCILWOMAN_ Councilwoman Monroe reported she learned from the City Manager this date MONROE the Palm Beach County Health Department has approved the plans for our municipal swimming pool. City Council Regular Meeting, 3/4/82 Page 3 MAYOR KIEDIS Mayor Kiedis reported that pursuant to the discussions at the Workshop Meeting of February 25, 1982, he conveyed to Mr. Rodney MacArthur the Council would consider Commercial Professional Offices in an all - encompassing plan for his lands on the east side of Military Trail, north of PGA Boulevard, but are first interested in his upgrading the parking lot and removing the construction materials at the MacArthur's Vineyard/ Palm Beach Gardens Holiday Inn and sharing the cost of the landscaping of the medians at that intersection. RESOLUTIONS: By the concurrence of the Council, the City Clerk read, in full, Resolu- RESOLUTION 7, tion 7, 1982, appointing Steve Brock a member and Leland Coons an alter - 1982 nate member of the City's Planning and Zoning Commission. Resolution 7, 1982 was unanimously adopted by the Council. RESOLUTION 8, By the concurrence of the majority of the Council, the City Clerk read, 1--- in full, Resolution 8, 1982, appointing Alan Strassler a member and Richard Rogers an alternate member of the City's Site Plan and Appearance Review Committee. ORDINANCES: Mayor Kiedis declared the Public Hearing open, which was duly advertised ORDINANCE 17, February 17, 1982, and held on the intent of Ordinance 17, 1981, repealing 1981 the City's Code of Ethics. None of the members of the audience addressed the Council re: their consideration of adoption of this Ordinance, which would, in essence, delete any /all of the City's supplemental regulations and regulations of the like to the State's Code of Ethics and the Council's responsibility of enforcement. Mayor Kiedis declared the Public Hearing closed. By a unanimous vote of the Council, the City Clerk read, in full, Ordinance 17, 1981. A motion was made by Vice Mayor Martino, seconded by Councilman Kiselewski, the Council adopt Ordinance 27, 1981, as read by the City Clerk. Discussion on the motion: Councilman Aldred related he remained opposed to passage of this Ordi- nance, as he believed our Code is more stringent than that of the State; "I and think that is appropriate. ". City Council Regular Meeting, 3/4/82 Page 4 Councilwoman Monroe concurred with Councilman Aldred; however, she Obelieved there are problems with our Code, as written. She felt our Code should be amended, rather than repealed in its entirety. While he was not disagreeable to the City having more stringent regula- tions than the State, Councilman Kiselewski was in favor of repealing the City's existing Code of Ethics. He felt the applicability of the State's "Government in the Sunshine" law to the Council, while sitting as the judges /enforcement body, provide] for unfairness to the accused. If at a future date a solution to that problem is found, he would be ameni- able to the City having its own Code of Ethics, including more stringent regulations. In the meantime, he is in favor of the State's Ethics Commission enforcing the State's Ethics Code. Mayor Kiedis stated he felt "pretty much the same way" as Councilman Kiselewski. He felt that if the State's Code of Ethics is "good enough" for the State, it's "good enough" for the City of Palm Beach Gardens to have. "There are no basic differences on this to my way of knowing; and I think the confusion resulting in someone trying to administer this is a rather difficult thing. ". • Vote on motion to adopt Ordinance 17, 1981: Mayor Kiedis, Vice Mayor Martino, and Councilman Kiselewski voted aye; Councilman Aldred and Councilwoman Monroe voted nay. Ordinance 17, 1981 was adopted by the Council by a vote of three ayes and two nays. ORDINANCE 2, Mayor Kiedis declared the Public Hearing open, which was duly advertised 7777— February 10, 1982, and held on the intent of Ordinance 2, 1982, based on the application of Mr. Issac Camel of North Miami Beach, owner /developer of Phase 11 of the Vision One PUD, created by Ordinance 12, 1978 and being developed on the west side of Military Trail at its intersection with Burns Road. Mr. Leo Passi of Nu -View Builders and Mr. Fred Cohen, Attorney, addressed the Coancil on behalf of Mr. Gamel referencing the discussions re; the proposed modifications to the plans for Phase IT of the project at the Council meetings of September 24th and November 12th, 1981 and January 14th and 21st and February 28, 1982. L J City Council Regular Meeting, 3/4/82 Page 5 During the Public Hearing, Mr. George Bayer, 4096 Hickory Drive, and Mrs. Arlene Kiselewski, 4705 Holly Drive, expressed objection to the proposed location of a pool with a decorative privacy /safety wall in lieu of the previously- approved tennis court with chain -link fencing within the front yard setback of the project. Mrs. Kiselewski felt this would not be aesthetically pleasing; Mr. Bever felt more no[-;e wmild be generated from the pool facilities, spilling onto the lands of his home. Mr. Ed Halloway & Mr. Shaw, residents of Phase I of the project pre- sently owned by Mr. L. J. Brodd, developer, and Biscayne Federal Savings & Loan Association, financer, endorsed having a swimming pool, rather than a tennis court, on -site. In addition to satisfying the provisos outlined in Ordinance 2, 1982, Mr. Passi agreed to landscape, with vines, the outside of the northerly privacy /safety wall of the pool (i.e., the side facing their neighbors to the north); and within the next two weeks, restore the bicycle path along Military Trail in front of Phase I to its as -built condition, like they have already accomplished in front of Phase Il. In response to Mr. Bill Markham, 10330 N. Military Trail, PBG, Mr. Passi 40 advised the existing sidewalk is along the westerly line of the proposed 60' right -of -way of Military Trail; the proposed decorative privacy/ safety wall of the pool will be, at its closest point, 1' from the sidewalk. The wall will not be continuous to the southerly line of the PUD. They have not obtained /sought permission of the owners to locate it along the front of Phase I now in litigation. With no further comments from members of the audience, Mayor Kiedis declared the Public Hearing closed. Discussion ensued re: the location of the swimming pool and the privacy/ safety wall versus the enclosed tennis court a part of the plans attached to the Ordinance that created the PUD, adopted June 15, 1978. Councilman Kiselewski and Vice Mayor Martino objected to the location of the swimming pool and wall, permanent structures by definition of our City's Code, being located within the front yard setback, especially the safety hazard the wall could pose to those traversing the bicycle /pedestrian path and those entering Military Trail from the residential complex to ® the north. Vice Mayor Martino was in favor of the deletion of the tennis court and swimming pool, and increasing their monetary donation to the City's Recreational Land /Facilities Account. Councilman Kiselewski also objected to the landscaping of the wall being planted on the adjacent lands of which they are not owners. City Council Regular Meeting, 3/4/82 Page 6 TIME LIMITATION FOR STORAGE OF BUILDING MATERIALS AT JOB SITES REDESIGN OF AccFhrtzTV 7nnM The City Attorney was requested to draft an Ordinance for the Council's consideration of adoption, establishing a time limit for the storage and removal of building materials and equipment on vacant lands. In the meantime, the Building Official will reiterate the City's request of the developers along Military Trail to remove their materials from their sites while construction is not underway. The members of the Council will supply their comments re: the redesign of the Assembly Room recommended /sketched by Councilman Kiselewski. INDEPENDENT STUDY A motion was unanimously adopted by the Council that the City Manager ON CITY'S PENSION contract the firm of H. C. Boggs & Associates of Tallahassee, Florida, PLAN to perform an independent study on the City's Pension System pursuant to their proposal dated June 12, 1981 - This $1500 to be taken from account 01- 31.50. RESOLUTION RE: At their Regular Meeting of March 18, 1982, the Council will consider JOHN D. & passage of a Resolution urging the Governor and Cabinet of the State to CATHERINE T. M,ACARTHUR COUNTY approve the Master Plan and provide for financing of the John D. and AND STATE PARK Catherine T. MacArthur County and State Park in North Palm Beach, Florida. ADJOURNMENT: With no further business, the meeting adjourned at 9:55 P.M.. Councilman Aldred and Councilwoman Monroe did not find the enclosed swimming pool, also a permanent structure, any more objectionable than the already- approved LLITIfi.s court. The appearance, noise, and possible safety hazard would be comparable. Mayor Kiedis was in favor of the non - delayed completion of the project. By a vote of four ayes and one nay, the City Clerk read Ordinance 2, 1982, in full on second reading. (Vote on motion: Mayor Kiedis, Vice Mayor Martino, Councilman Aldred, and Councilwoman Monroe voted aye; Councilman Kiselewski voted nay.) Ordinance 2, 1982, was adopted by the Council by a vote of three ayes and two nays. (Vote on motion: Mayor Kiedis, Councilman Aldred, and Councilwoman Monroe voted aye; Vice Mayor Martino and Councilman Kiselewski voted nay) ORDINANCE 4, By a unanimous vote of the Council, the City Clerk read, by title only, on first reading, Ordinance 4, 1982, setLiag forth requirements for Tree Preservation. Ordinance 4, 1982, will be workshopped by the Council at their meeting of March 11, 1982. . ITEMS FOR DISCUSSION: TIME LIMITATION FOR STORAGE OF BUILDING MATERIALS AT JOB SITES REDESIGN OF AccFhrtzTV 7nnM The City Attorney was requested to draft an Ordinance for the Council's consideration of adoption, establishing a time limit for the storage and removal of building materials and equipment on vacant lands. In the meantime, the Building Official will reiterate the City's request of the developers along Military Trail to remove their materials from their sites while construction is not underway. The members of the Council will supply their comments re: the redesign of the Assembly Room recommended /sketched by Councilman Kiselewski. INDEPENDENT STUDY A motion was unanimously adopted by the Council that the City Manager ON CITY'S PENSION contract the firm of H. C. Boggs & Associates of Tallahassee, Florida, PLAN to perform an independent study on the City's Pension System pursuant to their proposal dated June 12, 1981 - This $1500 to be taken from account 01- 31.50. RESOLUTION RE: At their Regular Meeting of March 18, 1982, the Council will consider JOHN D. & passage of a Resolution urging the Governor and Cabinet of the State to CATHERINE T. M,ACARTHUR COUNTY approve the Master Plan and provide for financing of the John D. and AND STATE PARK Catherine T. MacArthur County and State Park in North Palm Beach, Florida. ADJOURNMENT: With no further business, the meeting adjourned at 9:55 P.M..