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.