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HomeMy WebLinkAboutMinutes Council 060481CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS JUNE 4,1981 The Regular Meeting of the City Council of Palm 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 the rl,pg. 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 Manager John Orr and Attorney William Brant were also in attendance. ANNOUNCEMENTS: Mayor Kiedis announced the following: A meeting of the City's Recreation Advisory Board, Planning and Zoning Commission and the Palm Beach Gar---s Fire Department,lnc. v,ill take place on Tuesdaq, June 9,1981, at 7:30 P.M., and a meeting of the Beautification and Environmental Committee and Zoning Board of Appeals will take place on Weonesday, Jt-ne 10,1981 at 7:30 P.M. ITEMS BY THE CITY MANAGER: Per the recommendation of the City Manager re: the City Clerk's Notice of resignation dated May 26,1981, a motion was made by Council - woman Monroe that along with the: two week vacation granted to the City Clerk, to also add on an additional two weeks leave of absence, to be tacked onto the end of her vacation, provided she accepts it. The motion was seconded and unanimously adopted, The City Clerk was given until Monday, June 8,1981, to respond to this offer of a compromise. If she accepted it, her notice of resignation will automatically be rescinded; otherwise, the City Manager will solicit nterest in the position by advertising, etcetera. It was recommended by Councilman Aldred that perhaps each member of the Council come in on an individual basis to talk to the City Clerk and City Manager about their needs, as well as those needs of the City; and to come to an understanding on how it would be best to handle them, along with the directions the Council members give the City Administration to carry out their policy decisions. City Council Regular Meeting, 6/4/81 Page -2- AWARDING OF Per the recommendation of the City Manager, a :notion was unanimously BID FOR adopted that the Council award the bid received May 21,1981 from McTea ue C7P E-T10N 0 P Y 9 KS Construction of Delray Beach for the completion of the Public Works TRIDD — expansion in the amount of $24,500 - monies to be taken from Council Contingency and further authorize the City Manager the additional i expenditure of $800.00 for additional work needed, not covered under this bid, t- also be taken from Council Contingency. CONSIDERATION OF Attorney William Shannon, representing Otto DiVosta and Divosta ACCEPTANCE OF Construction Company, and Cliff Burg of Shell Construction Company, DONATION FOR A MUNICIPAL POOL was in attendance to address the members of the Council pursuant to the City's acceptance of a donation from DiVosta Construction Company for a municipal swimming pool, provided the City Attorney, the City Manager-, and the Recreation Director can work out the details necessary for construction of the pool, in the amount of money that was originally appropriated to be used only for the pool. The City Attorney, William Brant, advised members of the Council that the details can be worked out prior to the deadline of the final closing of the "8 hour" house on June 19,1981. For the benefit of the audience, m torne,, Shannon explained what the MW swimming pool "giFt" offer would entail, in that the net proceeds of the sale of this ;louse would be given to the City for use in the construction of the pool to be monitored by Cliff Burg of Shell Construction, with the $155,000 proceeds from the sale of the hOLJ�e_ The pool itself would be 45' x 7' to be used for recreational and competitive purposes. The plans and specifica tions For the pool are one of the provisions that will be attached to the acceptance of tFe pool, and the legalities involving it will be worked out by himself and the City Attorney, prior to the closing on June 19,1981. The members of the Council discussed the inclusion of a diving well, to cost approximately 515,000, which might be paid for from the interest gai-ied from the monies donated For the construction of the pool. A motion was made by Councilman K.iselewski that the City Council of Palm Beach Gardens, accept the gracious gift of Mr. DiVosta and the other citizens of the City that participated in the building of the house, to accept the funds they intend to transfer to us for the purpose Of the swimming pool, with the provism that the legal details and speciFications can be developed prior to our final acceptance on June 19,1981. The rnotion was seconded by Councilman Aldred and amended City Council Regular Meeting, 6/4/81 Page -3- by Councilwoman Monroe to readthat we also have the right to consider - the effect on our budget for the coming year prior to formal acceptance by Resolution. The amended motion was seconded and unanimously adopted by the Council, and the motion was unanimously adopted by the Council. MATCHING FUNDS The City Manager reported he has received a letter from Dick Morley, FOR BICYCLE Principal Planner for f•aim Beach Cou -ty, requesting a check from PATHS the City for $21,300 to cover 50% of the cost of the bike paths that were installed on the south side of PGA Boulevard between the Ave. of the PGA and Military Trail and the east side of Military Trail between Elm Street and PGA Boulevard, the total cost being $42,60o. Per the City Manager's request, the Council unanimously adopted a motion to authorize him to expend $21,300 to reimburse the County for the bike paths, monies to come from , ;,ecreational /Land Facilities Account, with this same account to be later reimbursed by the $15,000 that Winchest °r II is considering for donation to the City, in lieu of installing a oath r, the west side or Military trail. REPORTS COUNCILMAN Councilman Kiselewski r,�ported on the Site Plan ar,d Appearance KISELEWSKi Review Committee's meeting of June 2,1981, at which they discussed the proposed development of Lohman's Plaza on the south side of PGA Boulevard, east of 1 -95. The City Manager advised the Council they will be works hopping the request of Lohman's Plaza for a Corditional Use to allow a 6 -unit motion picture theater very soon; and requested the Council to consider very carefully this request because of a problem they will have involving the traffic impact on PGA Boulevard. He has received a letter from the City Engineer regarding this problem because, at the present, there is no median cut on PGA Boulevard, Mr. Orr also advised the Council that this oroject is in viciation of the City's proposed Comprehensive Land Use Plan, in that Aft this area is indicated as industrial. qu City Council Regular Meeting. 6/4/81 Page -4- Vice Mayor Martino stated he feels this project should come in under a commercial PUD, so the City would have better control over it,and suggested the City Manager send the petitioners a letter conveying their thoughts and inviting them to come in under a PUD. ITEMS BY MAYOR AND COUNCIL COUNCILMAN ALDRED Councilman Aldred stated he has been receiving calls regaruing the excessive speed cars are traveling along Holly Drive and Military Trail, and requested , though the City Manager, the Police Department to start "cracking" down on these speeders. VICE MAYOR MARTINO in response to Vice Mayor Martino, the City Manager advised he has been in contact with a few architects re: remodeling of the Assembly Room, and they will take this under advisement and get back to him. Vice Mayor Martino requested the Council consider discussing "Time Sharing Zoning" in the near future, as there might be a problem with it and it should be addresseJ_ IROUNCILMAN Councilman Kiselewski requested the City Manager to check into the KISELEWSKI status of where the City stands as far as having a branch office for the Postal Service. COUNCILWOMAN Courcilwoman Monroe inquired as to the requirements for the type MONROE of lights that the volunteer Firemen use when they are responding to alarms, in that there should be some sort of uniformity. The City Manager will contact the Fire Chief regarding this and report back to her. MAYOR KIEDIS Mayor Kiedis reported that the bonds have been paid off for the 20 acres to the east of the City Hail and also for the Fire Station. Mayor Kiedis reported he met with William Finley,Pres. ,)f Bankers Land Company, re: a Fire Station site on PGA Boulevard in the vicinity of Prosperity Farms Road. Mr. Finley stated he feels he cannot approach his Chicago office on this matter unless there ;s some assurance from the City that we are in need of this station, and are prepared to put a building on it to house the vehicles. He did assure us that he would not have too mucl, difficulty though, in achieving this for the City. Mayor Kiedis requested this should be discussed /considered by the Council during the upcoming budgeThearings. Council Reuular Meeting, 6-4-81 Page -5- ® Mayor Kiedis also reported on a meeting he had with Julie Noble re- garding her input into the "welcome letter" to new residents of the City. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA: JIM RILEY: In response to J;m Riley, PBG, the Mayor advised him they will be changing the Ordinance regarding water restrictions in the City. RESOLUTIONS: RESOLUTION 33, The City Manager stated the intent of Resolution 33,1981, is to say that the City will provide $41,075 to resolve past debts of inter -City First Aid Squad, They have worked out a percentage for each municipality in the County on a dollar basis of what should be donated as their proportionate share in order to cover their past debts, so they can break even and operate. The intent is also that the City will provide these monies to Inter -City if all the other municipalities agree to do the same. By a unanimous vote of the Council the Ci4_y Clerk read, in full, Resolution 33,1981, authorizing the donation of funds to Inter -City First Aid Squae, Inc, with the words "all of" to be inserted in the 1st line of the second paragraph in Section 1, after the word "upon" Resolution 33, 1981, was unanimously adopted by the Council. RESOLUTION 34, By a unanimous vote of the Council, the City Clerk read,ir, full 19'F Resolution 34,1981, reappointing Meyer Kesner and Charles Dodge as members of the Merit System Board; appointing Susan Ford and Larry Hood as members of the Merit System Board; and appointing George Ha11 Duncan as an Alternate Member of the Merit System Board. Resolution 34,1581, was unanimously adopted by the Council. RESOLUTION 35, By a unanimous vote of the Council, the City Clerk read, in full 19� Resolution 35,1981, appointing Charles Breder as an Alternate Member of the Toning Board of Appeals. Resolution 35,1981, was unanimously adopted by th_ Council. SOLuTjo \' 36, By a unanimous vote of the Council, the City Clerk read in full --- Resolution 36,1381, establishing a bank account for the Community Activities Building. Council Regular Meeting 6/4/81 Page -6- Resolution 36,1981, was unanimously adopted by the Council, Per the recommendation of the City Manager, a motion was unanimously adopted to authorize the City Manager to take $24,000 from the General Fund of the City and move it into the newly - created account for the Community Activities Building, in order to begin to pay the invoices he has currently on thc. books, with the General Fund to be reimbursed as soon as the monies come in from Banker's Land Company, the lender. ORDINANCES: ORDINANCE 7, Mayor Kiedis declared the Public Hearing open, which was duly advertised 1981 on May 12th, 19th, and 26th, and June 2,1981, and held on the intent of Ordinance 7,19$1, providing for the annexation of 39 -acres located north of the unincorporated "Woodberry Lakes" project on PGA Boulevard, concurrent with the creation of the "Shady Lakes" single- family PUD. Mr. David Risinger, Landscape Architect with Urban Design Studio, representing the owners, Sabatello Develop _ant Corp., was in attendance requesting final approval of the annexation of 39 -acres of land simultaneous with the creatior, of the "Shady Lakes" Single Family PUD Ask consisting of 97 lots, Ilr. Risinger stated he has met with the City Manager and Police Chief regarding the street lights and they are now resolved and ir, agreement with the lighting arrangements. In response to Mr. Stan Leeds of Garden Lakes, Mr. Risinger advised him that the developer is being required to improve approximately 1300 linecr feet of Central Boulevard, which will ultimately become a 4 - lane Median divided thoroughfare, for access into their development off of PGA Boulevard. The City Engineer has indicated no problems with this project, but is concerned due to the lack of a median cut on PGA Blvd. Subsequent to further discussion, Mayor Kiedis declared the Public Hearing closed. By a unanimous vote of the Council, the City Clerk read, by title only on second rending, and Section $, as amended, Ordinance 7,1981, Ordinance 7,1981, was unanimously adopted by the City Council. City Council Regular Meeting 6/4/81 Page -7- ORDINANCE 10. By a unanimous vote of the Council, the City Clerk read by title only, �!98i_ on first reading, Ordinnce 10,1981, revising the setback requirements for detached utility buildings. Ordinance 10,1981, will be worKShopped by the Council at their meeting of .June 18,1981. Mr. Marvin Hi 11, the City's Contracted Land Use Planner, was in attendance to answer any inquiries the Public had regarding the Comprehensive Land Use Plan. Mr. Hill stated this Plan is not "cast in stone ", ane can be modified /changed through certdin procedures and would take approximately 90 to 100 days. It is receommended, however, that this plan should be modified /updated every five years. !n response to Bill Markham, PBO, Mr. Hill stated CPO Districts are designed for transition areas and are compatible with residential districts because of it being hiqhly restrictive. Attorney Pete Van Andel, representing Banker's Land Company, addressed the COUnCil stating they ,rant to go on record in opposition to what the Comprehensive Land Use Plan indicates the map as open space recreational /parks in the area of Lake Catherine, a!, Banker's Land Company owns this land and intends to develop it in the future. The City Manager responded stating we should leave it as indicated in the Plan as open space /recreatior, area until a Plan is devised by Prior to first reading of Ordinance 11,1981, Vice Mayor Martino stated this Ordinance would provide for further funding of our fire - fighting equipment, when the need arises. Due to the impact of multi -story buildings or buildings with a variety of width, we presently do not have the capacity to handle any fires tt..t may occur there. By a unanimous vote of the Council, the City Clerk read on first reading, by title only, Ordinance 11,1931, imposing a firefighting equipment /facilities fee on developers of buildings exceeding two stories. Ordinance 11,1981, will be worshopped at o meeting in the future with more information provided the Council '_ oe Fire Chief. ORDINANCE 12, By a unanimous vote of the Council, the City Clerk read Ordinance 12, 19 1581, in full on first reading. Aft IV Mayor Kiedis declared the ('_biic Hearing open on the intent of Ordinance 12,1981, providing for the adoption of the City's Comprehensive Land Use Plan, duly advertised on May 21st, and May 30th,1981. Mr. Marvin Hi 11, the City's Contracted Land Use Planner, was in attendance to answer any inquiries the Public had regarding the Comprehensive Land Use Plan. Mr. Hill stated this Plan is not "cast in stone ", ane can be modified /changed through certdin procedures and would take approximately 90 to 100 days. It is receommended, however, that this plan should be modified /updated every five years. !n response to Bill Markham, PBO, Mr. Hill stated CPO Districts are designed for transition areas and are compatible with residential districts because of it being hiqhly restrictive. Attorney Pete Van Andel, representing Banker's Land Company, addressed the COUnCil stating they ,rant to go on record in opposition to what the Comprehensive Land Use Plan indicates the map as open space recreational /parks in the area of Lake Catherine, a!, Banker's Land Company owns this land and intends to develop it in the future. The City Manager responded stating we should leave it as indicated in the Plan as open space /recreatior, area until a Plan is devised by City Council Regular Meeting, 6/4/81 Page -8- Banker's Land Company delineating the proposed usage for that area. Subsequent to further discussion,Mayor Kiedis declared the Public Hearing closed,and stated there will be another Public Hearing on the Comprehensive Land Use Plan on June 18,1981. The City Manager stated they have complied with all the regulatory requirements /agencies; have advertised the Comprehensive Land Use Plan in accordance with our Charter and with the requirements of the State Statutes; advertised the Ordinance as required to adopt the Plan in accordance with our Charter and State requiren—its; have notified the State of the Public Hearings and have met all requirements mandated by State Law. ORDINANCE 13, By a unanimous vote of the Council, the City Clerk read in full, on 1981 first reading, Ordinance 13,1981, repealing Ordinance 8,1981, as amended by Ordinance 9,1981, pertaining to the curtailment of non- essential use of water. Ordinance 13,1981, was placed on second reading on an emergency basis, and read by the City Clerk, by title only. Ordinance 13,1981, was unanimously adopted by the City Council. ADJOURNMENT: There being no further business, the meeting ad;ourned at 10:30 P.M. MAYOR KIEDIS COUNCILWOMAN MONROE VICE MAYOR M,ARTINO COUNCILMAN ALDRED I CITY CLERK. COUNCILMAN KISELEWSKI