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HomeMy WebLinkAboutMinutes Council 120282CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS ® DECEMBER 2, 1982 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 Deputy City Clerk and present were: Mayor Kiselewski, Vice Mayor Monroe, Councilman Aldred, Councilman Kiedis and Councilman Martino. City Manager John Orr and Attorney William Brant were also in attendance. ANNOUNCEMENTS: [Mayor Kiselewski announced that the City's Site Plan and Appearance Review Committee will be meeting on Tuesday, December 7, 1982, at 7:30 P.M., and the City's Zoning Board of A,r,eals will meet on Wednesday, December 6, 1982, at 7,30 P.M. AINUTES: The minutes of the November 11, 1982 Workshop Meeting were unanimously ® approved as amended. CALL FOR BIDS: TWO 1982 KAWASAKI The two bids received by the City were opened and read by the Deputy POLICE SPECIAL r City Clerk for two 1982 Kawasaki Police Special Motorcycles, as duly anTn�rvri �� acvertised on Novembe, 17, 1982, as follows: Palrr Beach Kawasaki, 1014 So. Congress Ave., WPB, :L. - $9096.00 Kawasaki Dynamics, 621 Morthlake Boulevard, i1PB, FL. - $9929.70 These bids were referred to the City Nanager and Police Chief for recommendations to the Council at a future meeting. FIVE SCOTT PRESUR- The two bids received by the City were openec and read by the Deputy PAK BREATHING City Clerk for two Five Scott Presur -Pak Breathing Apparatus, as duly APPARATUS auvertised November 11, 1982, as follows Safety Equipment Co., 20352 N.E. 16th Place, North Miami Beach, FL. - $3355.00 Broward Fire Equipment, 101 S.W. 6th Street, Ft. Lauderdale, FL. - $3525.75 These bids were referred to the City Manager and Fire Chief for recommendations to the Council at a future meeting. City Council Regular Meeting, 12/2/82 Page -2- REPORTS: OI YOR KISELEWSKI; Mayor Kiselewski stated that he met earlier this week with the Community Educators who offered their thanks for the cooperation the Community Schools are having with the municipalities throughout Palm Beach County in their joint efforts. Mayor Kiselewski also stated that he attended the MPO Meeting this morning at the County Commission Chambers which to date they have not received the recommendations from the Municipal League as to the three additional members that are to be appointed; and again requested that Palm Beach Gardens be considered as one of the appointees. The Municipal League will be meeting next Friday, December 10, 1982, at Belle Glade, and will then be making they recommendations. ITEMS BY ;AYCR AND COUNCIL: MAYOR KISELEWSKI: Mayor Kiselewski stated that he has r.c -ntly been "bombarded" with complaints regarding Loehmann's Plaza, and stated they will be getting an update from the City Manager later this evening on Loehmann's Plaza. ® P9ayor Kiselewski stated he has received many co- ;oliments from City residents on the last newsletter recently sent out, and to pass this on to the Director of Recreation ana Parks. COUNCILMAN ALDRED: Councilman Aldred stated that people living in PGA National Resort Community are still not receiving their newsletter from the City and requested the City Manager to look into this. RESOL"U"TIONS: RESOLUTION 51, Mayor Kiselewski declared the Public Hearing open on Resolution 51, 1982, 1=9 as duly advertised on November 15, 1982. There was no one in the audience that spoke for or against the proposed Resolution. Mayor i'iselewski declared the Public Hearing closed. By a unanimous vote of the Council, the Deputy City Clerk read in full, Resolution 51, 1982, Permitting as a "CG -1 Conditional Use" the sale of Beer and Wine for on- premise and off- premise consumption, at "Toojay's Cafe and Marker, Place', located within Loehmann's Plaza at 4084 PGA Bovlevard. REsolution 51, 1982, was unanimously adopted by the Council. City Council Regular Meeting, 12 /2/82 Page -3- RESOLUTION 52, By a unanimous vote of the Council, the Deputy City Clerx read, in WW 982 full, Resolution 52, 1982, "variance to distance requirements of 750' between alcoholic beverage vendors, requested by "Toojay's Cafe and Market Place ". Resolution 52, 1982, was unanimously adopted by the City Council. RESOLUTION 53, By a unanimous vote of the Council, the Deputy City Clerk read, in 1972— full, Resolution 53, 1982, requesting the Florida Legislature to leave unchanged the sales tax distribution formula as setforth in Chapter 82 -154, Laws of Florida. Resolution 53, 1982, was unanimously adopted by the Council. ORDINANCES: ORDINANCE 11, Mayor Kiselewski declared the Public Hearing open which was duly 19th advertised on November 15, 1982, and held on the intent of Ordinance 11, 1981, Imposing Fire Service and Facilities Fee on developers of structures exceeding two stories. During their discussion, Messrs. Mel Kirk, representing Lew Lawder of the Home Builders and Contractors Association, Vincent Pappalardo of Pappalardo Construction, and David Lloyd, Exec. Vice President of the HBCA, addressed the Council expressing their concerns regarding the proposed Ordinance and suggested postponement of this Ordinance until such time they have been provided the latest draft of the Ordinance, dated December 1, 1982, for their review. The members of the Council were in agreement to this request, and Attorney Brant slated that legally, since quite a few changes have been made to the October 26, 1982 draft of Ordinance 11, 1981, the Public Hearing needs to be readvertised, establishing a First Reading and a new Public Hearing /Second Reading date; and the new draft of Ordinance 11, 1981, be circulated to those interested. Vice Mayor Monroe suggested that those persons interested in the pro- posed Ordinance perhaps meet with the City Attorney, City Manager and Fire Chief for their input /suggestions. Subsequent to further uiscussion, Mayor Kiselewski declared the Public Hearing closed. City Council Regular Meeting, 12/2/82 Page -4- ® Prior to a motion being made, Councilman Martino stated for the record regarding Ordinance 11, 1981, and owing to the fact of said Ordinance dated October 26, 1982 as being our last item of concern as far as workshop, dealing with this subject, that henceforth, we came up with a new draft dated December 1, 1982, which is sufficiently different and addresses many points which were not previously recognized. A motion was made by Councilman Martino that the City Staff and City Administration be authorized to re- advertise this particular Ordinance 11, 1981, and begin with a first reading and a new Public Hearing as set forth in the State Statutes. The First Reading will be scheduled for December 16, 1982, and the Second Reading /Public Hearing date will be set for January 20, 1983. The motion was unanimously adopted by the City Council. ORDINANCE 21, Mayor Kiselewski declared the Public Hearing open, which was duly 1982 advertised on November 15, 1982, and held on the intent of Ordinance 21, 1982, providing for 55' wide "green belt" along PGA Boulevard, Alternate A -1 -A and Military Trail. Mr. Vince Pappalardo was in attendance and addressed the Council voicing his objection to the proposed Ordinance. Mr. Hank Skokowksi was also in attendance and requested of the Council, additional language be incorporated into the Ordinance at the end of Section 16 (3) to read, "the City Council be authorized to approve PUD plans requiring a variance from the terms of this section through normal PUD procedures ", which would permit the Council to approve a variance during the approval process. In response to Attorney Raymond Royce, representing Mr. Otto DiVosta, the Council stated the office building approved by them would not be affected by this Ordinance. Following further discussion, Mayor Kiselewski declared the Public Hearing closed. By a unanimous vote of the Council, the Deputy City Clerk read, by ® title only, on Second Reading, Ordinance 21, 1982, with the word "Alternate" inserted after the word "A -1 -A" in the 7th lane of the title paragraph, and the word "landscaping" placed in the stead of City Council Regular Meeting, 12/2/82 Page -5- "shrubbery" in the loth line of the title paragraph; and the wording ® an application for a variance to this section is deemed to be a part of any PUD application when affected by this section" to be inserted after the last paragraph on the first page, under Section 1. Ordinance 21, 1982, was adopted by the Council by a vote of A to 1. Vice Mayor Monroe voted nay to the Ordinance. ORUINANCE 22, Mayor Kiselewski declared the Public Hearing open which was duly — advertised on November 15. 1982, and held on the intent of Ordinance 22, 1982, clarifying open space /lot coverage requirements in PUDs. Attorney Ray Royce, representing Banker's Land Company, was in attendance to address the Council, expressing several concerns, mainly with the language as proposed and the inconsistancy regarding Section 17 of this Ordinance, which could lead to different interpreta- tions under certain circumstances. Attorney Royce appeared before the Pie -_ping and Zoning Commission several weeks ago and pointed out that he felt there were problems and acknowledged the fact that Bankers Land Company was partly ® responsible for introducing some of the language. Attorney Royce further stated that good planning language may not end up being the best legal language. The definition of open space as contained in Section 93, and the method of computation of open space as set forth in Section 16.16 is inconsistent, and his question is of intent, what was the intended recreation purposes. Attorney Royce suggested of the Council to postpone passage of this Ordinance until such time as he could meet with the City Manager and City Attorney, to try and work out some of the problems. Mayor Kiselewski proposed they omit Section 1 totally, and to only identify Section 2 as Section 1, which would have what the Council has been trying to accomplish, that is to define how much open space that should be in residential and non - residential areas. Subsequent to further discussion, Mayor Kiselewski declared the Public Hearing closed. By a unanimous concurrance of the Council, a motion was adopted that in respect to Ordinance 22, 1982, which was duly advertised on November 18, 1982, and owing to the fact that because of the input at this Public Hearing, they have contemplated substantial changes that would City Council Regular Meeting, 12/2 /82 Page -6- drastically change the context of this Ordinance, the City Clerk and C'it Administration be authorized to re- advertise Ordinance 22, 1982, for another Public Hearing and that the Council proceed on a First and Second Reading basis, deleting Section 1 and proceeding as outlaned earlier. Ordnance 22, 1982, will be read on first reading December 15, 1982 and on January 20, 1983, the Council will consider adoption of this Ordinance at their duly advertised Public Hearing. ORDINANCE 24, By a unanimous vote of the Council, the Deputy City Clerk read, by title only on first reading, Ordinance 24, 1982, providing for the extension of the permissible time for completion of the "Beaumont Place" PUB, created by Ordinance 4, 1981, on the southeast corner of Elm Avenue and ;Military Trail. Ordinance 24, 1982, will be consiucred for adoption by the Council at the Regular Meeting of December 16, 1982. 1TEITS FOR DISC "iSS10N : MEETING WITH F.A.U. CONSUSTANTS ON COMPREHENSIVE PLANNING COhUMITTEE ,Mayor Kiselewski stated several weeks ago the Council discussed the possibility of setting up a Comprehensive Planning Committee to keep them updated on the Easter Plan. Memos have been sent out to the Planning and "Zoning Commission and Site Plan and Appearance Review Committee an: to date have had several people a.nterested in volunteering Through the suggestion of Vice Mayor i•lonroe, he contacted Dr. John DeGroe and Dr. James Nikolis from F.A.G., who have offered to comu bolo re the Council for their input /suggestions. It was the concurrence of the Council to invite the members of the Planning, and Zoning Commission /Site flan and Appearance Review Committee, alon., with Dr. DeGroe and Dr. Nikolis, to a meeting on December 15th, at 7:00 P.M. UPDATE, OI: LOEHMANN'S The City Manager brought the members of the Council up to date on PLAZA Loehmann's Plaza, and stated the developers were in agreement to adding more landscaping, and to change the colors of the archway and screening of the mechanical equipment to the same color. 0 City Council Regular Meeting, 12/2/82 Page - 7- By a unanimous concurrence of the Council, the City Manager was directed to hold up on issuance of any more building permits /c.o's until such time the Plaza is brought up to compliance. Aise the City Attorney was requested to keep abreast of the problems with the Plaza through the Building Official, The City Manager also stated that they have gone over a number of steps with the Building Department and representatives from Loehmann's and have given them options on what to do and how to take care of these problems, in the normal chain of connand; and further tild them that their last option was if they were not satisfied with everything to date, to come before the City Council for an appeal. PETITIONS AND C01,21UNTCATICNS: i,iRS. WILLIS B. Mayor Kiselewski acknowledged receipt of a communication from Mrs. MALL Willis B. :;all,NPB, who was appalled with the way the Loehmann's Plaza looks, and also commended the City on the lovely plantings in the area. MR, ART BARROWS: Mfr. Art Barrows, 10221 Dogwood Ave., who is a member of the Code Enforcement Board, tendering his resignation from that Board due to health reasons. MR. DOUG HOOD1 Memo from Mr. Doug Hood, requesting- consideration from the Council �FE TlON/ regarding the next City's General Election, to include on the ?ARKS ballot, a referendum on voting for the lighting of the fields at Gardens Fark. PBGHS DRILL TEAXI Communication from PBGHS Gator Drill Team requesting of the City financial help for the National Contest which they would like to attend in Dallas Texas, on February 11 -12, 1983. MR. FRANK ASSIST. Communication from Mr. Frank, Assistant County Engineer, stating " 7 that the bids will be let in January, 1983, for Northlake Boulevard Between I -95 and Military Trail. SOUTH FLA. .gATER Inviting the members of the Council to a Special Meeing at the IMIIANAGlMEN'I D1ST. Sheraton Hotel on December 8, 1982, at whici, they will discuss the problems on solid waste and water.