HomeMy WebLinkAboutMinutes Council 040380CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
APRIL 3, 1980
The Regular Meeting of the City Councilor Palm Beach Gardens was called
to order by Mayor Dick Feeney at 8:00 P.M. in the Assembly Room, 10500
North Military Trail, Palm Boach 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 Feeney,
Vice Mayor Aldred, Councilman Kiedis, Councilman Laurie, and Councilwomen
Plonroe. City Manager John; Orr and Attorney William Brant were also in
attendance.
MINUTES: The minutes of the Workshop 1'•leeting of (larch 13, 1980, were unanimously
approved by the Council, as written.
The minutes of the Regular Meeting of riarch 20, 1980, were unanimously
approved by the Council, as written.
The minutes of the Workshop Meeting of March 27, 1980, were unanimously
approved by the Council, as written.
ANNOUNCEMENTS. flavor Feeney announced the Following:
A meeting of thr City's Merit System Board would take place on Monday,
April 7, 1980 rat 7:30 P.M..
Mertings of the City's Recreation Advisory Board, Planning and Zoning
Commission, and Fire Department would take place on Tuesday, April 8,
1980, at 7:30 P.M_
A meetir,G of the (:ity's ';eauttfication and Environmental Committee would
take place on Wednesday, April 9, 1980 it 7.30 P.M..
PROCLAMATIONS: Mayor Feeney read a Proclamation pror-laiming April 13 - 19, 1980 "Days of
Remembrance of the Victims of the H010C2U ,3t ".
PRESENTATION OF PLAQUE OF RECOGNITION TO ROGER MARTINEZ� COORDTNATna nr wnain o�rncn SUCCE-
GAME - -__.__ t'
On behalf of the City, flavor Feeney presented a plaque of recognition to
Mr. Roger Martinez, which read "Presented To Roger Martinez In Recognition
Of Great Personal Achievement, For His Contributions To The Sport Of
Soccer, And To The Youth Of The Community. City Of Palm Beach Gardens
March, 1980 ". In addition to many other personal achievements and con -
tributions, Mr. Martinez was the coordinator of a 59-4-2-hour soccer game that
City Council Regular Meeting, 4/3/80 Page Z
took place at the Palm Beach Gardens High School on Febrary 22, 23, and
24, 1980 and set a new World Record for continuous soccer playing. There
were 528 players /49 teams .involved in this event.
RECOMMENDATION
FROM THE CITY MANAGER RE: THE AWARDING OF BIDS FOR THE RESURFACING OF TENNIS
COURTS
Per the recommendation of the City Manager, the City Council unanimously
awarded the bid received by the City on March 20, 1900 from Hardrives
Company for the repair and resurface of four tennis courts at the East
Membership Courts in the amount of $8,186.00 - monies to be taken from
the Recreational Land /Facilities Account.
Per the recommendation of the City Manager, the City Council unanimously
awarded the hid received by the City on March 20, 1980 from Hardrives
Companv for the repair and resurface of two tennis courts at th; Military
Trail Public Courts in the amount of $4,218.00 - monies to be t:•',on from
the Recreation Deparl,ment Account 14- 63.70.
COMMENTS FROM THE PUBLIC FOR ITEI15 NOT ON THE AGENDA:
MR. E. B.
in response to Mr. E. B, Shearin, 4567 Holly Drive, P8G, the City Manager
SHEARINL JR.
advisee that "No Thru Trucks" signs have been posted on MacArthur Boulevard
®
and are being enforced by the City's Police Department: and making Light-
house Drive and MacArthur Boulevard a four -way stop intersection is not
warranted at the present time.
RESOLUTIONS:
By a unanimous vote of the rouncil, the City Clerk read in full Resolution
RESOLUTION 21,
21, 1980, executing an Addendum Agreement "ti" tra the agreement ^ntered into
1980
on April 7, 1977, between the City and the City's contracted Tennis Pro-
fessional. Resolution 21, 1980 was unanimously adopted by the Council with
a modification to the sum to be paid to the Tennis Profe ^sional per annum
tre sum of $6,800 was inserted in the stead of the sum of $5,200
in Paragraph A of Section 3 of the Agreement).
RESOLUT10% 22.
Mayor Feeney declared the Public Hearing open, which was duly aovertised
1930
March 18, 1980, and held on the iritent of Resolution 22, 1980, permitting
as an exception to Chapter 3 of the City's Code the sale of alcoholic
beverages fur orf- premise cnnsump #.ten at "PGA I.Aquors, Inc, ", which is
proposed to be located within the PGA Plaza at 2506 PGA Boulevard, PBG,
and closer than the requited 750' to other alcoholic beverage vendors.
Attorney Cugene Bic addressed the Council on behalf of Mr. Thomas F.
Rol,crts, Sr., the applicant for this variance. Attorney Bic assured the
Council that Mr. Roberts wishes to sell alcoholic beverages for off- -
premise consumption only. He is applying to the State for the transfer
City Council Regular Meeting, 4/3/80
Page 3
of a 4 -COP license to the proposed address, as it was the only type uf
alcoholic beverage license available for purchase at the present time.
Attorney Brant clarified 'chat even though a 4 -COP licerse is for the
sale of alcohlrc beverages for on- and off- premise consumption, Mr.
Roberts would have to ascertain further permission from the City in the
event he wanted to sell alcoholic beverages for on- premise consumption
at this locale.
With no further comments from members of the audience, Mayor Feeney
declared Lhe Public Hearing closed.
By a unanimous vote of the Council, the City Clerk read in full Resolution
22. 1980. Resolution 22, 1780 was unanimously adopted by the Council.
RESDLOTlON ?L Mayor Feeney declared the Public Hearing open, which was duly advertised
1980 Narch 18, 1980, and held on the intent of Resolution 23, 1980, permitting
as a "conditinnal use" in a CG -1 Zoning District the retail sale of
nlcchpiic ocvcrages for off - premise con F, w,tion at "PGA Liquors, Inc. ",
W,ich is proposed to Lie located within the PGA Plaza at 2506 PGA Boulevard,
PBS.
AIM
flavor Feeney acknowledged receipt of a communication from the City's
Planning and Zoning Commission advising that at their duly advertised
Fublic Hcaring held Harch 25, 1980, a motion was adopted that they recom-
mend to the City Council the granting of this requcot of Mr. Thomas F.
Robert:;, ;r., wish the proviso that the City Attorney render a legal
opinion re: the possibility of the applicant serving alcoholic beverages
for on-- premise consumption without receiving prior permission from the
City. (This opinion was rendereo during the Council's consideration of
Resolution 22, 1980.)
Hembers of the audience did not address the Council re: the intent of
Resolution 23, 198D. i1ayor Feeney declared the Public Hearing closed.
By a unanimous vote ^` the Council, the City Clerk read in full Resolution
23, 1980. Resolution 23, 1980 was unanimously adopted by the Council
with the word "only" inserted between the words "premises." and "said"
in the fourth line of S,�cticn 1.
RESOLLJTI0N 24. The Council's consideration of Resolution 24, 1980 was deferred until
1980 their Regular Neeting of April 17, 1980. Resolution 24, 1980. supporting
the County's efforts to acquire properties with the Beach Bond Referendum
funds, will he workshopped by the Council at their meeting of April 10,
1980.
City Council Regular Meeting, 4/3/80
Page 4
ORDINAiNCE 2. Mayor Feeney declared the Public Bearing open, which was duly advertised
1980 March 11, March 18, March 25, and April 1, 1980, and held on the intent
of Ordinance 2, 1.980; providing for the annexation of a 7.71 -acre parcel
of land located on the southwest carrier of RCA Boulevard and Prosperity
Farms Road within Section B -42 -43 with the zoning classification of
CN- Neighborhood Commercial.
Mr. Kieran Kilday, Landscape Architect /Land Planner, addressed the Council
on behalf of his clients, Messrs. Charles Lamn, Cary Krielow, and Edward
Roby, r-e: this annexation request, which has been diSCUSSed at the Council
meetings ou February 28, 1980 and March 27, 1980.
Mr. Kilday offered that they have requested this annexation for several
reasons, including the fact that the CN- Neighborhood Commercial Zoning
ClasGification of the City is more appropriate to future development plans
for the property, particularly the allowance of professional office use.
Mr. Kilday advised that he met with members of the North East County
Homeowners Association, inc. on March 27, 1980, to answer any concerns
they had re: the annexation of this parcel into the City. The members of
this Association are residents of unincorproated areas in the northeastern
ID part of the County; and their major concern was the commercial zoning on
this parcel.
Hr. Kilday referenced a Letter the City has on file from Robert E. Basehart,
Palm Beach County Zoning Director. This communication advised that based
on the facts presented and per his interpretation of Section 300.11 of the
Cuunty's Zoning Code, this 7.71 -acre parcel is developable under the
permitted uses and development regulations of the CN- Neighborhood Commer-
cial District of the County, even though it has two zoning classificat -ons
(r.e., 5 acres zoned CN and 2.71 acres zoned RS- Single Family Residential).
In response to f1s. Mary Kramer, 10960 26th Terrace North, the City
Attorney advised that if these properties are annexed into the City, it
would not have any affect on the 99 -year lease she has on a 12' -wide
easement that is located along the we-tern perimeter of the subject
parcel end provides her occcss from Monet Road to h-,r residence located
within unincorproated lands. Mr. Kilday added that this perpetual easement
s indicated on the legal survey of this parcel and is a recorded document
® of the County.
City Council Regular fleeting, 4 /3/80
Page 5
Mr. Arthur Duff, Pres: lent of North East County Homeowners, Inc.,
addressed the Council presenting a petition with 252 signatures of citizens
Awk
qW who reside in various unincorporated areas within northeastern Palm Beach
County. this petition stated "We the undersigned members of the North
Cast County Homeowners' Assoc. Inc., and Citizens of North Palm Beach
County are not in favor of said property (South West Corner) on South
side of RCA Blvd. and West side of Prosperity Farms Road now in the county
of Palm beach being annexed into The City of Palm Beach Gardens. ihis
small piece of property is surrounded by single family dwellings in the
County. ".
Ms. Ellen H. Lucas, 11090 Monet Terrace, his. Rose Garrett, 12390 N. Pros-
perity farms Rd., Ms. Jean Coerlitz, 3664 Island Road, and Mr. Arthur Duff,
2483 Inland Cove Road, addressed the Council objecting to the intent of
Ordinance 2, 1980, particularly the retention of commercial zoning on
this parcel. They advised that per personnel of the County, efforts will
to made to rezone this parcel to residers I if it remains unincorporated
and undeveloped, subsequent to the adoption of their proposed Comprehensive
Land Use Plan.
do
lnyor Feeney drclared the Public Hearing closed.
In response to the Council, the City Manager explained that the County's
proposed Comprehensive Land Use Plan, which was d "veloped by their Blue
Ribbon Committee, designal-cs residential zoning on the subject parcel;
however, the date for the County's adoption of this plan is uncertain.
It was noted that the County's Planning and Zoning Department nor the
Area Planning Guard responded with their comments to the City's formal
notifications re: this annexation /zoning request.
Members of the Council concurred that because this property is now
developable as commercial, they were in favor of it being annexed, co the
City's zoning regulations, which are more stringent than the County's,
could be enforced to ensure adequate buffering, etcetera.
By a unanimous vote of the Council, the City Clerk read in full on second
reading, Ordinance 2, 1980. Ordinance 2, 1980 was unanimously adopted
by the Council with the sentence "Further, concurrently Petitioner agrees
to provide to the City a drainage easement over and across no more than
twenty feet ;20') on the north line of said property at no cost to the
City. if required by the City." to the end of the Section 2 paragraph.
Cfty Council Regular Meeting, 4/3/80
Page b
ORDINANCE 4, Mavor Feeney declared the Public Hearing open, which was duly advertised
1980 linrch 18. 1960, and held on the intent of Ordinance 4, 1980, amending the
AhL
City's Site Plan and Appearance Review Code.
Members of the audience did not address the Council. (Mayor Feeney
declared the Public Hearing closed.
By a unanimous vote or' the Council, the City Clerk read by title only
on second reading, Ordinance 4, 1980. Ordinance 4, 1980 was unanimously
adopted by the Council. This Ordinance amends the City's Site Plan and
Appearonc- Review Code by clarifying as to what magnitude an existing
building, other than a single family home, can be altered /improved without
the plans bung required to be submitted to the Committee for their con -
sideration of approval.
ORDINANCE 5;_ By a unaninous vote of the Council. the City Cler:< T,ead by title only
1950
on first reading Ordinance 5, 1980, providing for the creation of the
"Oakpark Office Park" PUD on a 5.128 -acres n.rcel of land located on the
vest side of Prosperity Farms Road, south of PGA Boulevard within
Section 5- 42 -43, Grd]nAnce 5, 1980 will be workshopped by the Council
at their rneeting of Apri1 10, 1980.
ORDINANCE , 6 . By a unanimous vale oft he Council, the City Clerk read by tiLle only
1980 _
❑n first reading Ordinance 6, 1980, providing for the annexation nF the
1.148 -acre "out - parcel" located on the east side of U. 5. highway {I1
within the VOrking lot of the Oakbrook Square Shopping Center. Ordinance
6. 1980 will b(- workohopped by the Council at their meeting of April 24,
1980.
PETITIONS AND COMMUNICATION5:
FIRE CHIEF ED Mayor Feeney acknowledged receipt of a memo from Fire Chief Edward Arrants
EVACUATION S RLcRE: e: a meeting he atLended in 1 -t. Pierce. which Focused the need for
PLAN g
developing a plan countywide to receive persons that may have to be
evacuated from the Ft. Pierce area in the event of a nuclear accident
at the St. Lucie nuclear power plant.
REPORTS: Fiavor Frenoy reporLed on the meeting Mr. Samuel Carsillo, Mr. Bob Langsfeld,
MAYOR FIrNEY Mr. T. R. truce, the Administrator, and he, a member of the Board of
7F7= RE. Directors of the Palm Beach Gardens Community Hosp?tal had re: the possible
LOCATION OF
HELIPOPr Al Eacation of a helicopte. landing pad at the hospital.
PBGPBG CON. HOSP.
City Council Regular Metting, 4 13180 Page
ITEMS BY THE CITY MANAGER:
REPLACE_MEN1 OF A motion was unanimously adopted by the Council authorizing the City
LIGHTS AT Managei to pay C. R. Dunn, Inr_. $1,031.85 for the replacement Of light
PLANT DI <IUE
PARK, bulbs on the poles at Plant Drive Park - monies to be taken from the
Council Coptangencti Account.
ITEMS BY rHC flAYOR AND ('OUNC11_:
COUNCILMAN in response to Councilman Kiedis, the City Manager advised that pursuant
KIEDIS to his request at the Workshop Meeting of March 27, 1980, the Recreation
REC. IMPROVE- Director is exploring the cost of the recreational improvements he sug-
FIE777 TO 2.9
ACRES gested be made; to the 2.9 -acre parcel of land Mr. Otto DaVosta donated to
the City.
MAYOR FEENtY Mayor Freney reported that pursuant to the discussion at the Workshop
LETTER OF Meeting of March 27, 1980, he met with Mr. Luther Thornton, Principal
APOLOGY FROP of the PBGHS, re: the Council -'s request for a public retraction of the
PBGHS
comments Coach Schumacher was quoted as s ^vmng about the City In a news-
paper article. Per Coach Schumacher, he was misquoted, however, a letter
of npolony is forthcoming.
VICE tiAYOR The City Manager will contact the City Engineer re: the status of the
ALDRED trSffiC study he p_rformin on the sites of the municipal complex and
iR4FiC SPUD; c p` p
FOR CITY HALL Gardens Park,
HAYOR FEENEY The expansion of the Fire Department's parking facilities w-ill be work -
EXPANSION Or chapped by the Cot,ncil at a n-etina in toe near future.
"ARhINC EACIL-
ITILS Mayor Feeney reported that he attended the opening ceremonies of the
5PENING CERE- P3GYAA Basenall Program on flnrch 29 19EO.
MONIES OF
PBGYAA In response to Councilman Laurie, the City Manager advised that the
COU,NCTLIMAN Recreation Department is exploring the cost of the City presenting some
LAURIE
PRESENTATION of recognition to those involved in the soccer game that took place
PRESEh,'TATTON TO
SUCCEft PLAYERS at the PBGHS February 22, 23, and 24, 1980 and set a new World Record for
continual soccer playing.
FORfLAL OPENING The member, of the Council Concurred that a formal opening ceremony will
CI_RErlr)%Y FOR he hold by the City when the concession shard bein developed aL Gardens
LONCESSIGN g �
STAND AT Park is in readiness. Mayor Feeney suggested that those that donate time
C NS PARK grid material in the construction of this facility be privy of the fact that
® thev Brill receive the same degree of consideration as anyone else that
develops in the City.
City Council Regular Meeting, 4/3/80
1]
Page 8
COUNCILWOMAN Councilwoman Honroo reported that on March 28, 1980 she attended the
MONROE presentation of trophies to the City's soccer lea participants; and
ATTENDANCE AT p league p g p p`
TROPHY PRESENIA, on f1arch 31, 1980, she attended the luncheon of the PB6 Senior Citizens
TION & SENIOR organization.
CTTi7EN_, I I!N-
C1iEON Pursuant to the discussion at the Uorkshop Iteeting of March 27, 1980,
Councilwoman Monroe reported that Mr. Danny Engle, who is in charge of
LANDSCAPING OF landscaping for developer Otte DiVosto, will be meeting with a landscape
MEDIANS ON architect tomorrow
MILITARY TRAIL re: a plan For the median north of the Military Trail
h PGA BLVD, and PGA Boulevard intersection and on PGA Boulevard; and they are awaiting
a second bid for the installation of a sprinkler system. They are ascer-
taining a price quote for the ,lack and boring, so that the City can recon-
tact the developer of LJoodland Lakes and the Admiralty Building, and the
manager of the Holiday Inn re: their offers to contribute toward this
project.
LANDSCAPING OF Councilwoman Monroe reported that Mr. Arthur Nelson. a landscape architect,
STREET
NED IH.'J
has volunteered to prepare a landscap^ - ..atch for the Elm Street median.
f'ED
The developers of the Edgemere PUD will be providing this landscaping.
ADJOURNMENT: With no further buniness, the meeting adjourned at 10:23 P.M..
411-4--71
t4YOR FEENF Y� COUNCILMAN KIEDIS
VICE MAYOR ALDRED COUNCILMAN LAURIE
G/ CITY CLERK
L )UNCILWOMAN MONROE