HomeMy WebLinkAboutMinutes Council 041979CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
APRIL 19, 1979
The Regular Meeting of the City Council of Palm Beach Gardens was called
to order by the Mayor Samuel Laurie at 8:00 P.M. in the Assembly Room at
10500 North Military Trail, Palm Beach Gardens, Florida, and was opened
with the Pledge of Allegiance to the Flag.
ROLL CALL: The roll was called by the Deputy City Clerk and present were: Mayor Laurie.
Vice Mayor Kiedis, Councilman Martino, Councilman Feeney. Councilman Aldrec
was not in attendance for this meeting. Attorney William Brant and City
Manager John Orr were also in attendance.
MINUTES: The minutes of the April 5, 1979, Regular Meeting were unanimously approved
as amended.
ANNOUNCEMENTS: Mayor Laurie announced the following:
A Planning and Zoning Commission Meeting will convene at 7:30 P.M. on
Tuesday, April 24, 1979.
PROCLAMATIONS:
Mayor Laurie read Proclamations proclaiming April 30
- May 4,
1979 as
"Law Week U.S.A. ", and April 22 - 29, 1979 as "Days
of Remembrance of
Victims of the Holocaust."
AWARDING OF
BIDS:
FIRE HOSE:
At the recommendation of the City Manager, a motion
was made
by Councilman
Martino, seconded by Vice Mayor Kiedis to award the
bid for
Fire Hoses to
East Coast Fire Equipment+ Inc. of WPB - bid is on
National
Brand 600 .-
in the amount of $4247.10 - monies to be taken from
Federal
Revenue
Sharing. The motion passed unanimously.
City Council Regular Meeting, 4/19/79
Page 2
MOSQUITO FOGGER: At the recommendation of the City Manager, a motion was made by Councilman
Martino, seconded by Vice Mayor Kiedis, and unanimously adopted to award
Vector Supply, Orlando, Florida, Propane Fogger in the amount of $3441.76 -
monies ro be taken from Public Works Account #6420.
COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA:
MRS. LOREN Mrs. Loren Furtado of 4318 Crestdale Street, Palm Beach Gardens, addressed
r6a
the Council regarding the following:
Ordinances pertaining to garbage and trash removal, Ordinances governing
animals running at large. She would like to see stricter enforcement of
these Ordinances. Mrs. Furtado also questioned the new Model Energy Code
that went into effect recently, and how the people can be assured the con-
tractors and builders are abiding by the code.
RESOLUTIONS: By a unanimous vote of the Council, the Deputy City Clerk read in full
RESOLUTION 37, Resolution 37, 1979, granting a Temporary Conditional Use to Pratt &
T777—
Whitney Aircraft for two modular buildings to be located at their PBG
facility for use as education rooms. Resolution 37, 1979 was unanimously
adopted by the Council.
RESOLUTION 40, By a unanimous vote of the Council, the Deputy City Clerk read in full
T777—
Resolution 40, 1979, adopting a new Definition Section of the City's Merit
System Rules and Regulations. Resolution 40, 1979 was unanimously adopted
by the Council.
RESOLUTION 39, By a unanimous vote of the Council, the Deputy City Clerk read in full
�— Resolution 39, 1979, extending the time for the use of a mobile home trailer
in the parking lot of the Meadows Mobile Home Park. Resolution 39, 1979
was unanimously adopted by the Council.
RESOLUTION 41, By a unanimous vote of the Council, the Deputy City Clerk read in full
T779—
Resolution 41, 1979, Final Approval of the Final Plats for the Rainwood East
and Rainwood West Subdivisions, proposed to be located on the southeast
City Council Regular Meeting 4/19/79 Page 3
and southwest corners of Alamanda Drive and Burns Road. Resolution 41, 1979
was unanimously adopted by the Council.
ORDINANCES:
ORDINANCE 11, Mr. David Hendel addressed the Council regarding Ordinance 11, 1978,
1978
the rezoning of properties in Section 5, Township 42 South, Range 43 East,
PBG, from R -5 Mobile Home Residential District to R -3C Medium Density
Residential and C -2 General Commercial District; and the letter of
response from Mayor Laurie relating that it was his understanding that at
such time the Council granted his request for the rezoning of the 20 -acre
parcel of land located contiguous to the west of the Meadows Mobile Home
Park from Agricultural District enabling its expansion, (Ord. 10, 1978,
adopted June 15, 1978), their intentions were to make plans for a PUD zoning
request for the subject 27.222 acre parcel, thus removing its zoning
classification of Mobile Home Districts.
Mr. Hendel related that contrary to their prior indications that they would
make application for the creation of a P.U.D. with General Commercial and
Medium Density Residential usages on this parcel, they wish to proceed
as originally planned, now realizing that plans have to be exact /specific
for a P.U.D., and they do not have definite plans for these properties at
this time.
The City Attorney was requested to review the situation with the developer
or his associates and get some firm ideas - what they are looking for
as far as time, and what the Council would require as far as protection
for the City and then come back for the Council with these answers.
ITEMS FOR DISCUSSION:
" APPOINTMENTS OF Appointments of Council Liaisons was postponed until such time as all
COii_NC1L LIAISONS
Councilmen were present.
City Council Regular Meeting 4/19/79
Page 4
APPEAL TO RULING Mr. Edward Desrochers, President of Desrochers Realty addressed the
UF SITr PLAN AND
TP1P`E7RAN=REUIEW Council relative to his site plans for a warehouse proposed to be located
ILL
on Ironwood Road adjacent to his existing building, and read his letter
MR. EDWARD
SRS: dated 4 -11 -79 for the record which has been attached and made a part of
these minutes.
Mr. Desrochers went on to explain he has appeared before the Site Plan and
Appearance Review Committee on two separate occasions and both times was
turned down, the first time on 3- 27 -79, the Committee requested a rendering
of his proposed warehouse, which Mr. Desrochers stated it would have cost
him between $500.00 - $600.09; he was then given the option to re- submit his
plans at a later date because they felt the plans were incomplete.
Mr. Desrochers returned to the Site Plan and Appearance Review Committee on
4 -10 -79 and again was turned down for the following reasons:
1. Clarity of Colors of doors and windows,
2. The set -back dimensions were incorrect
3. There were no garbage receptacles shown on plans
4. Needed a 5' landscape strip along the west property line with irrigation.
Mr. Desrochers felt his next recourse was to appeal the ruling to the
City Council. Following their discussion, the Council Members considered
each item separately.
1. Clarity of Colors of doors and windows - Motion was made and unanimously
approved to accept the colors of African Tan and white, Mr. Desrochers
initialed the color chips, and they are to become a part of the permanent
record.
2. Set -back dimensions were incorrect - Motion was made and unanimously
approved, to allow Mr. Desrocher to correct the dimensions from 22.5' to
27.5', Mr. Desrocher initialed the plans, and they are to become a part of
the permanent record.
City Council Regular Meeting 4 /19/79 Page 5
3. No, garbage receptacles shown on plans - Motion was made and unanimously
approved that Mr. Desrochers will provide garbage receptacles when needed
in the future, installed according to Code; a letter from Mr. Desrochers
verifying this fact, will be attached to minutes and become a part of
the permanent records.
4. 5' landscape strip along west property line - Motion was made to allow
Mr. Desrochers to pave up to 2z' of the landscape strip on the west property
line, and unanimously approved. A letter from Attorney Brant will become
a part of the permanent record which stated that Sub - paragraph (a) of
Sec. 31 -4 of Chapter 30 of the PBG Code as to the requirement of a 5' area
to be landscaped at the rear of the Desrochers proposed building. The key
is whether the rear service area is visible from street right of ways or
adjacent properties. Based on the physical facts it appears that a barrier
is not required under Code.
The Council Members also required Mr. Desrocher to have automatic irrigation
for his landscaping on the east and south property.
Councilman Martino made a blanket motion stating that based on the appeal
that has been presented by Mr. Desrochers concerning the decision of the
Site Plan and Appearance Review Committee, and as outlined by the records
that have been established to date concerning the 4 points of items of
interest and the Council debate, T would instruct the City Administration
to therefore allow Mr. Desrochers to proceed with his plans and intentions
based upon the decision of the Appeal that was made by the City Council to
further direct the Building Official to pay close attention to the records
of the minutes to delineate the aggreements and concessions and recommend-
ations by Mr. Desrochers and the City Council.
Motion was seconded and unanimously approved.
City Council Regular Meeting, 4/19/79
Page 6
PETITIONS &
COi°lP�I�ATIONS
ERA Realtors: Mayor Laurie acknowledged receipt of a communication from ERA Realtors
re: They will be sponsoring a project called a "Weekend in May" for MDA
(Muscular Dystrophy Assoc.) and asked that we participate in this effort.
REPORTS: Mayor Laurie, Vice Mayor Kiedis, and Steve Henning, Director of Recreation
and Parks, attended a meeting along with some of the members of the
Westminister United Presbyterian Church and discussed with them the poss-
ibility of extending our jogging trail two tenths of a mile onto their
property. It was agreeable with certain stipulations, that being our City
Attorney draw this up into an agreement and also have our City look into
the liability aspect, since the Church wants us to hold them harmless on all
issues.
ITEMS BY CITY MANAGER
DISCUSSION WITH The City Manager reported that he had met with Sheriff Wille on 4 -17 -79
MLLE:
to discuss with him the appeal of the ruling by Judge Hewitt. Sheriff
Wille plans to appeal Judge Hewitt's decision, and will be in Tallahassee
on Monday, April 23, 1979, to solicit reports from the State Sheriffs
Association. The County Commission has indicated they will have their
Attorney look into the possibility of entering into the case as a Friend
of the Court. They would also like the support of our City Council as to
active participation in the appeals procedures. Attorney Brant stated that
it will cost the City approximately $2000.00 - $2500.00 to appeal the case.
By a unanimous vote of the Council, a motion was adopted to direct the
City Attorney to go ahead and prepare the necessary briefs to appeal the
decision on behalf of the City of Palm Beach Gardens.
COMMUNICATION City Manager stated he received a report from the D.O.T. indicating the
FROM D.O.T.:
City Council Regular Meeting,
4/19/79 Page 7
improvements on the entrance to the turnpike.
701 MEETING: The 701 Citizens Advisory Committee Meeting held on April 16, 1979, is
moving right along, and preparing for the first draft.
ITEMS BY MAYOR & COUNCIL
VICE MAYOR Vice Mayor Kiedis stated that he has received several complaints from
iCIEdI S
people living in Golfer's Village as to the unsightly condition that
exists at their pool and clubhouse area. He would like to have this matter
looked into by the Building Department.
C..OUNCILMAN
1°IATFTIIQO: Councilman Martino stated he received a communication from Richard Simmons
City Manager of West Palm Beach regarding the landfill area, and requested
our City Manager to reply with our support to West Palm Beaches effort
of endeavor for the landfill area.
P.D. RAISE A motion was made by Councilman Feeney concerning the Police Department's
RETtTOACT I VE
TU-97MER? raise of 10 °6 retroactive back to October 1, 1978, and an increase of 101%
197
from this point on for officers in active duty in the bargaining unit
effective 4- 19. -79, motion was seconded by Vice Mayor Kiedis and unanimously
adopted.
ADJOURNMENT: With no further business, the meeting adjourned at 11:30 P.M.
City Council Regular Meeting 4/19/79
.r/ / %�%�,• %���1 yam' �„
MAYOR LAURIE
9WA,4.,, k
ICE MAYOR KIEDIS
DEPUTY CITY CLERK
Page 8
COUNCILMAN ALDRED
COUNCILMAN EEENEY
COUNCILMAN MARTINO