HomeMy WebLinkAboutMinutes Council 050781Ki
CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
MAY i, 1981
The Regular Meeting of the City Council of P,�Im Beach Gardens 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 t°,e Flag.
ROLL CALL: The roll was called by the City Clerk anu -esent were: Mayor Kiedis,
Vice Mayor Martino, Councilman Aldred, Councilwoman (Monroe, and
Councilman Kiselewski. City Manager John Orr and Citv Attorney William
Brant were also in attendanne.
11INIlTES: The minutes of the Workshop Fleeting of April 9, 1981 were unantmously
approved by the Council, as written.
The minutes of the Rer4ular fleeting of Apr-' 16, 1981 were unanimously
approved by the Council, as written.
ANNOUNCEMENTS: f•iayor Kiedis, announced that meeting of the City's Planning and Zoning
AOL Commission will tike place at %.30 P -P, on Tuesdav, !'lay 12, I983; and
meetings of the City's Beautrf'ica'i ('n and Environmental Committee and
Zoning Board of Appeals will convene at 7:30 P.P. on Wednesdav, May l3,
.1981 .
PROCL4MATTONS: Mayor Kredrs read a Proclamation proclaiming Nny 1i -i,, 1981 "Florida
Nurse Wceh ".
CALL FOR RIDS: The City Clerk read aloud the sealed bids received from the following two
CONSTRUC7I0N OF firms for the Construction of Racquetball Court --, as duly advertised
RACQUETBALL April 20, 1981:
COURTS
B & B Construction, Inc., 11225 N. flilatary Trail, hest Palm Bcnch,
F 133409
Alfred DeFilippo, 26 Ucst Palm Avenue, Lake Worth, Fl_33463
These bids were remanded to the City Manager and Recreation Director
for evaluation and recommendation to the Council at a future meeting.
TRASH TRUCK FOR The City Clerk read aloud the sealed bids received from the following
-PUBLIC WORKS three firms for the lrn ;e,'purcha ;e of a Complete Chassis and Rear Loader
Rody for Lhe PnhJic Uorkc Depart,ent, as duly ad�,erLised April 20. 1981:
Powell Motor Company, 1333 N. Federal Highway, rt. Lauderdale, FL33338
City Council Regular Meeting, 5/7/81 Page 2
H. F. Mason Equipment Corporation, P. 0. Box 2247, 7802 N.W. 103rd
® Street, Hialeah, FL33012
King Motor Center, Inc., 900 E. Sunrise Blvd., Ft. Lauderdale, FL33304
These bids were remanded to the City Manager and Public Works Director
for evaluation and recommendation to the Council at a future meeting.
NEW 10,000 The City Clerk read aloud the sealed bids received from the following
GASOLINE TANK two firms for a New 10,000 - Collar, Fiberglass Gasoline Tank far the Public
FOR PUBLIC WORK5
DCP R 1 Works Yard, as duly i6vertised April, 22,
Glasgow Fquipment Service, Inc., 1750 Hall Avenue, Mangonia Park,
FL33407
Delta Petroleum & Industrial, Inc., 4827 Southern Blvd., I -Jest Palm
Beach, FL33406
The foregoing bids upre- remanded to the City Manager and Public Works
Dirertor for evaluation and recommendat:.', to the Council at a future
meeting.
ITEMS BY THE CITY MANAGER:
REQUEST 10 LAND_ At their Regular Meeting of May 21, 1:'81, the Council Will con <,ider
ILLICOPTERS AT adoption of a Resolution formally granting an a temporary conditional use
THE "PGA NAT'-"
SIII the request of the "National Investment Company" in a communication dated
April 16, 1988 to periodicalTy land helicopters during daylight hours
at the "PGA National ". The map andjLcating where all helicopters will
bf� landing and the letter of permarsion from th- FAA will be attachments
to thin Resolution.
COMMUNICATIONS The City Manager acknowledged receipt of a cemmunicaL-ion dated Clay 1,
fROPI, AT70R_NFY 1981 and hand delivered to his office on flay 5, 1981 from Attorney
SCAROLA I "A
C ','7' T3- Jack Scarola of the firm "Montgomery, Lytal, Reiter, Denney, and Searcy"
TENS LLIFI-MITTEE and a communication dated April 27. 1981 and given to him ty Hayor Kiedis
on 1Iay 5, 1981 from a "Concerned Citizens Committee ".
REQUEST OF WIN_= where were no obdec ±ions from the Council to the City f-lanager's recom-
COURT; II RE: mendation that the devel ors of the Niochester Courts 11'' PUD be per -
BI_CYCLE PATH o p
- matted to donate to the City l00% of what the cost uould be for them
to install a bicycle /pedestrian path in accordance with the agreement
contained Within the Ordinance that created this PUD (Ordinance 12, 1980),
in Lieu of installing this path along the west side oF, tli.litary rrail
between Elm Street and the residential entrance to the Garden Lakes POD.
Attorney Pobcrt Cook, one of the four stockholder; in the Winchester
Development Corporation, initiated this suggestion that they be permitted
City Council Regular Meeting, 5 /7/81
11
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page 3
to donate funds in lieu of installing the path, in light of the fact
that the City and County have, with matching funds, installed one on
the east side of Military 'frail between Elm Street and PGA Boulevard.
RADWAY I(IPROVE :- The City Manager reported that per Councilman Kiselewski's recommendation
1.3ENT5 TO MILITARY Tuesday morning, he contacted Mr. Charles Walker, Palm 3ench County
i 7AIL
lraffic Engineer, re: what the 00'3t would be for the contractors to
go ahead and widen Military Trail to four lanes in the area OF
Tanglewood now while they are constructing the third /center t rning
lane, Durinn this di::cussFon, 11r. Walker introduced the thought that
instead of the third; center turning lane terminating at the southern
perimeter of "Trails Eno Villas ", they continue it southward to Burns
Road, Councilman Kioelewski vill exchange ideas with the City Manager
tomorrow as to the benefit he feels the adding of the fourth lane to
h'.ilitary Trail will provide,
REPORTS: Counciluomin Monroe reported on the Code Enforcement Board's meeting
COUNCILWOMAN she attended on April 29th. At the WL ,snop Fleeting of May 28. 1981,
MONRO` the Council will discuss adding to the jurisdiction of the Board the
enforcement of the City's Landscape Code :i.e., policing the multi-
family residential and commercial pr,-jects' maintenance of the landscap-
ing they install per the plans app: oved by the Citv).
CO€JNICTLMAN Councilman Viselewski reported on the Site Plan and Apoearancc Review
KI5IL_EWS KI Committee's meeting of May 5, 1981. The minutes of this meeting will
he placed or, f ale in the City Clerk's office,
DICE HOOP Vice, Mayor Martino reported that he attended the Planning and Zoning
MARIIN0 Commission's meeting of April 28th. The minutes of this meeting will be
Placed on file in the City clerk' :i office.
COUNCILMAN Councilman Aldced reported that he attended the Merit System Board's
ALDRED meeting of 11ay 5, 1981. The minutes of this meeting will he placed an
frle in the City Clerk's office.
MAYOR KIEDIS 193yur Itiedis reported that he sent a letter of thanks to Mr. Nolan
Reed, President of Seacoast Utilities, Tnc., for relocatinq the fire
plug from the parL;ing ar,,a in Front of the Public lgorks Department
on Burn3 Road.
ITEf15 BY IHE MAYOR AND COUNCIL:
VICE ;IAtiOR in rc;pon,e to Bice Mayor 14irti1710, the CLty Manager advised 'hot pr_r the
D� Council's request at the April 23, 1981 meeting, Mr. Charlie Walker,
Palm beach County lraffic Engineer, is performing traffic studies at the
City Council Regular Meeting, 5/7/81
Rage 4
intersections on Military Trail to determine whether they meet the
AM criteria for s,ignalization.
Iff
The draft being prepared by the City Attorney of an Ordinance that would
impose a firefighting equipment /facilities fee on developers of buildings
exceeding two stories will be workshopped by the Couriril at a meeting
in the near future.
Vice Mayor Martino referenced the petition sent by the residents of the
Meadows Mobile Home Park to County Commissioner Peggy Evatt requesting
that the speed limit along PGA Boulevard a front of the park be reduced;
and recommended that the Council consider a Resolution reinforcing the
clmiJar request they made at their April 23, 19BI meeting.
COUNCILMAN In response to Councilman Kiselewski, the City Vanager advised that Mr.
KISELFWSKI Ualter Srnith, Director of Customer Services for the West Palm Beach
Post Of-fare, has received from another local merchant a letter indicating
interest in bidding for a contract with r-- department to provide space
arrd personnel to render full postal services. Although Mr. Smith
indicated during his presentotion at the April 9, 1981 meeting that they
Alk would like to receive the minimwm of th -ee letters of interest, he has
fnrwardrd the two to the authorilie; rnd is now awaiting a response.
Councilman Kiseleuski suggested that during the City Manager's and
Recreation Director's workshop session-3 with the architects ror the
Comminity Activities Bualdinq, they discus,, lighting for the Uoggang
trail.
C0tjWILIJ0MAN Councilwoman Monroe referenced reports in the lo-al newspapers that Mr.
M_ON'ROE Otto DiVosta of DiVoc,te and Company proposes to donate to the City the
monies he receives from the ,auctioning of the home he built at 450
Hirkory Drive for the purpo ^e of ennstruc_iing a municipal swimming pool;
and .inquired as to whether the City has received an officLal communica-
tion re: the sale of this horse built in 7 hours. 35 minutes, on May 1,
1981, and Lhe provisions for the City accepting these funds.
In response, the Eity Hl ,,ger read aloud the communication the Citv
Attorney received this date from Attorney Shannon of DiVoste and Company
requesting a copy of the Resolution the Council Proposes to consider
concerning escrow of the proceeds for the construction of the municipal
pool.
Mayor Kiedis suggested that fir. DaVasta meet with the CauncLl and the
Recreation Advisory Board to exchange thoughts re: what we feel are the
best uses for our properties.
City Council Regular Meeting, 5/7/81 Page 5
MAYOR KIEDIS Mayor Kiedis recommended that the Recreation Director's suggestion
in a communication dated March 31. 1981 re: a restructure of his
department be worl:91hopped by the Council at their meeting of May 28, 1981.
In response to Mayor Kiedis, the City Manager reported that Florida
Power and Light Company is uorking an the implementation of the street
lighting proqram for the Avenue of the PGA.
The City Hanager reported that per the Council's request at their April
23, 1981 meeting, a cost ec,timate is being ascertained for a cut in the
Keating Drive median; however, the City ha, Darned that Scotty's Lumber
is going to reactivate their plans to construct a store on the northeast
corner of Northlake Boulevard and Keating Drive, which would include this
median cut. Instead of going ahead and considering the allocation of
funds for this median cut requested by businessmen in that area, the
Council will, in approximately 90 days, review the status of the Scotty's
Lumber store.
Mayor Kiedis acknowledged receipt of the communication he requested from
the Recreation Director re: 9ndalism that recently look place at Lake
Catherine. The City Manager rep -)rted or the steps that are being taken
Lo help combat Lhis preblem.
COWIENTS FROM T,E PUBLIC FOR ITEMS NOT ON THE AGENDA.
Ma. HCLE=N
Whil(' referencing a recent occident that occurred at the Tamberlane
GALLAGHER
Condominiums, Os. Hcien Gallagher, Secretary of the Association,
addressed Councilwoman Moi,roe thankirg her for her s- il"port in the
�+,ound- the -clock m2nnirzg of the Fire Department.
rounci_lwoman Monroe noted that this was realized because at least the
majortty of the Council was in favor of the inclusion of additional
personnel in the Fire Department's 19801198I Budget: and on behalf of
the Council as a whole, thanked Ms. Gallagher for her compliments.
ATTORNEY JACK
in response to attorney Jack Scarola's inquiry re: the status of the
SC,RDLA
complaint he fried witn the Council through the City Manager on March
2/, 'Sil and the complaint hE� filed by a letter of May 1, 1981, "Iavur
Kiedis advised tnat the Jetter of March 24. 1981 is in process of response
LEIcuugh A,.iurney Brant per Counci.linan Kiselewski's motion made on ,April
Aft
16th and the letter or May 1, 1981 was received oy the Cuuncil on ;4ay
qW
;. h .
City Council I {egular Meeting, 5/7/81
Page 6
Mayor Kiedis suggested that a portion of the Workshop Meeting of May
14, 1981 be devoted exclusively for whatever Attorney Brant has accom-
plished as to the Declaratory Judgment and also, any other input he has
had. Alga, the Louncil has received an intervening letter from other corn -
c -reed citizens; and, perhaps, the whole matter coild be handled next
weet <. "We on have a lengthy agenda tonight and I think we owe to these
people who nrr- actually on this agenda a response to all these things
prior to the time that we take care of that."
In response to Mayor Kiedis' question "Would next Thursday song time be
satisfactory as far as you're concerned'? ". Attorney Scarola stated "Yes,
Sir. lhatever time you'd like, we'll be here. "
f "avor Kiedis thanked Attorney Scarola and offered "We'll try to keep our
agenda let's say, in essence, rather brief, so we don't have too many
topics of workshop and then, perhaps, we can get at this thing and maybe
thresh out some of these things unless some of the other members of the
Council have some other ideas on it.'.
While Flavor Kiedis polled the members o to Council from his left to
has right, Councilman Aldred, Councilwoman Monroe, and Councilman Kiselev-
sk; indicated that they were not objectionable to his suggestion; Vice
Mayor Martino, who was the second Coui.cil member the question was posed
to, said "I don't knew, qtr. fIayor. 1'11 ,Just ait here and listen for a
while and think it over. ". And then, when mayor Kiedis went back to
Vicr Mayor Martina ;:,king him "Do you want to say something now ? ", he
onto "No. When the time is right, I'I- say it.".
In response to Councilman Kiselevski's inquiry cis to wf)ether he :vas going
to bring the necessary documentation, that he referred to in his second
lettcr next Thursday, Attorney Scarola stated "As soon as a hearing is
set on that matter, I'll he more than happy to cooperate with whoever is
going to be responsible for presenting the evidence before the Council
er conducting the preliminary inquire with whatever information I have
ava.,l able . ".
RCSOLU110NS: Gl tf,e concurrence of the Council, the City Clerk read in full Resolution
rESOLIJ;T0 ! 27 27, 1081, c;xtendinq the permissible time for Trinity United Methodist
i981 Church':: une of a mobile home under the "Vandal Watch Program ". Resolu-
tiny, 77, 1981, was unanimously adopted by the Council.
RE501U,1[7J_2F3, By the concurrence of the Council, the L'ity Clerk read in full Resolution
AM
°BI
28, 1963, Providing for the execution of the "Communtty School program
Agreement" with the Palm Beach County School System. By the Council's
unanimous passage of Resolution 28, 1981, the rleyor and City Clerk were
authorized to execute this twenty -five year agreement with the time frame
"six (6) months" inserted in the stead of "ninty (90) days" in the sixth
City Council Regular Meeting, 5/7/81 Page 7
line of paragraph 6.
RESOLUTION 29, Mr. Flank Skokowski, land Planner and authorized agent for the Florida
Realty Building Company, the owner /developer of the PGA National fCD,
addressed the Council pursuant to the intent of Resolution 29, 1981,
providing for the creation of the "Cypress Point" multi - •family PUD
U.S. Home Corporation proposes to develop on the 21.3 -acre "M -17" tract
on the revised Master Plan for the PGA National PCD.
Pursuant to the discussion at the Special Regular Meeting of March 26,
1981, Mr. Skokowski reviewed the areas reserved for off- st,ect parking
stalls together with the agreement that -;, vides for the paving of these
stalls; and brought the Council up -to -date on the cumulative density
of the projects /PUDs created by the City in the PGA National PCD thus
far versus that approvea in the DRI.
The City Manager acknowledged receipt of communications of this date from
the City Engineer re: the plans for the on -site improvements for this
project.
By the concurrence of the Council, the City Clerk read in full :tesolution
29. 19F11, r:.oviding for the creation of the "Cypress Point" multi- family
PUD on the H -17 tract of the PG4 National PCD. Resolution 29, 1981 was
unanimously adopted bv the Council, w,th the words "and parking" inserted
between the words "required" and "paving" in the twelfth line of
Section 2. The agreement outlininq the conditions that will trigger the
paving of the reserved parking stalls will be an attachment to this
Resolut.Ion.
ORDINANCES:_ Mayor Kiedis declared the Public Hearing open, which was duly advertised
ORDINANCE 3, February 1Q. 1981, recessed at the Regular Meeting of Harch 5, 1981,
1981
and held on the inf.ent of Ordinance 3, 1961, providing for the rezoning of
a .71 -acre parcel of tend located on the west side of Military Trail,
north of Holly Drive, from RH -High Density Residential. District to CPO -
Commercial Professional Office District, per the petition of Mr. and
firs. William R. (libel.
It was explained to the Council that at tie time application was made for
tnis rezoning request., the apply cant provided a Warranty Deed as proof
of ownership of thr. .71 acres. However, certain circumstances prompted
the City Clerk's office to better examine what was represented os proof
of ownership. 1t was learned frur,i Mr. Ilihel at the tlme The City Clerk's
office reque;trd a r'P, of the "recorded" Onrrnnty Deed that certain cir-
sumotanres prevented the recording of the deer;. He refur;ed to pay a lien
one of the owner; placed on the property.
City Council Regular Meeting, 5/7/81
Page 8
This date the City Clerks' office spoke with Mrs. Hibel and she advised
that proof of ownership of the lands could not be provided and that a
representative would not be in attendance at the Public Hearing. the
City's file on this rezoning request does not include proof that Mr.
and Mrs. [libel, the petitioners, own the subject properties nor authori-
zation from the title owners as required for voluntary rezoning.
During the Public Hearing, fir. Pill Markham, 10330 N. Military Trail,
PBG, offered that the petition acknowledged by the Council at `heir
meeting of March 5, 1981 and to be discur --I at the May 7, 1983 meeting
outlines his thoughts re: zoning of lands along Military Trail.
With no further comments from members of the audience, Mayor Kiedis
declared the Public Hearing closed.
By a unanimous vote of the Council, the City Clerk read on second reading,
by title only, Ordinance 3. 1981, providing for the rezoning of the
South 82.53 feet of Lot 11 and all of LoF 1?, Block 53, P.G.R. National
Golf Club Estates Plat No. 2, containing .71 acres, from RH -High Density
Residential District to CPD -- Commercial Professional Office District.
Ordinance 3, 1981 was unanimously defeated by the Council.
ASbI
ORDINANCL 5, By a unanimous vote of the Council, the City Clerk read on first reading,
1981 b title nnl Ordinance 5 1981
y y, , providing for the deletion of the
recreational amenities (i.e., tot lots and picnic areas) from the plans
for the "Edgemere" PUD, created via Ordinance �, 1979. A Public Hearing
and Lhe Council's consideration of adoption of Ordinance 5. 19P,1 will
take place at their Requiar fieetinq of !lay 21, 1981.
ORDINANCE 6, Fay, a unanimoki> jote of the Council, the City Clerk read on first reading,
1961�Y- by title only, Ordinance 6, 1978, providing for in extension of time for
the completion of [he "Sandtree" PUD, created via Ordinance 7. 1978.
A Public Hearing and the Couneil's consideration of adoption of Ordinance
6, 1981 will take place at their Regular fleeting of May 21, 1981.
t1RDrNANCE 7, Ily a unanimous vole of the Nuncll, U)(r City Clerk road on first rending,
'BZ h title only, Ordinance 7, 1981,
Y provic,ng for the annexation of a 39-
acre tract located contiguous to the north of "Woodberry Lakes" on PGA
Boulevard, concurrent with the creation of the "Shady Lakes" single -famil
PUD. A Public Hearinq and the Council's consideration of adoption of
Ordinance 7, 1981 will tai <c place at their Regular Meeting of June 4,
11)81.
City Council Regular Meeting, 5 /7/81
Page 9
ORDINANCE 8,a_ The City Manager referenced a communication dated May 6, 1981 and
1961 received this date from Mr. John R. Maloy, Executive Director of
the South Florida Water Management District, advising that the District
signed an order on May 6th declaring a plater Shortage Emergency; and
that prrsuant to Section 373.609, Florida Statutes, the appropriate
officials shall comply with their requeFt for assistance in enforcing
the 10" cutback required of all permitted water users. Accompanying
this letter was a model ordinance which they recommended for adoption
in implementing and enforcing water conservation measures.
During the Counci_1's discussion re: Subparagraph 1. of Paragraph B. of
Section S or Ordinance 8, 1981, which the City Attorney drafted using the
District's model ordinance as a quide, the City Manager advised that
the notice Seacoast Utilities, Inc. is sending out to all of its users
includes this restriction that the watering of vegetation "shall be
limited to the hours of 4:00 - 6:00 a.m.".
Subsequent to deliberations, the City by a unanimous vote of the
Council, read in full on first reading the May r, 1981 draft of Ordinance
8, 1981, curialling certain nonessential uses of eater in the City.
A motion was unanimously o(--Inptec! by the Council fihet Ordinance 8, 1981
be placed on second reading, on an emergency basis, by the City Clerk
reading the title and the amendments they made to Section 5.
The City Clerk read Ordinance 8, 1981 on second reading, on an emergency
ha ir, by reading the title and Section 5 as modified by the Council to
state that the lines for Second and Third violations shall be
"upon same person or persons owning, leasing, or legally occupying
real property named in prior violation" in lieu of "by same person ".
Ordinance 8, 1981, was unanimously adopted by the Council on an emergency
ba41R.
iif_115 FOP UISCUSSIOPN':
PAYMENT OF By a unanimouo vote of the Council, the City Manager was authorized to
iNVUTCE O FA1 expend 'h?468 from General Government Account O1 -S1.S0 Praf�,rinnal
I.NUL.CC OF ,
ASSGCI_ Services, for payment of the supplemental invoice of 11s. Emily U. Obst of
F7 Obst and As'icciates, Inc. for the "additionall' architectural services
she rendered prior to the Community Activities building being placed
hefore the City'; elector, on November 4, 1981,
The Mayor requested the City Manager to apologize to Ms. Obst for the
City's tardiness in remitting this payment they authorized per the
opinion of the City Attorney in a communication dated April 15, 1981.
City Council Regular Meeting, 5/7/81 Page 10
ADi,0URNMENTc 46th no further business, the meeting adjourned at 10:48 P.M..
is
/ MAYOR KILDIS COUNCILMAN ALDR£D
VICE MAYOR MARTINO / COUNCILWOMAN MONROE
11
CITY CLERK
11
C N ILMAN KISELEsdSKI