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HomeMy WebLinkAboutMinutes Council 101879CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS OCTOBER 18, 1979 The Regular Meeting of the City Council of Palm Beach Gardens was called to order by Mayor Samuel Laurie 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 City Clerk and present were: Mayor Laurie, Vice Mayor Kzedis, Councilman Feeney, Councilman Martino, and Councilman Aldred. Attorney George Baldwin was also in attendance. City Manager John Orr was not in attendance, as he was on vacation. MINUTES: The minutes of the September 27, 1979 Workshop Meeting were unanimously approved by the Council, as written. The minutes of the October 4, 1979 Regular Meeting were unanimously approved by the Council, as written. ANNOUNCEMENTS: Mayor Laurie announced that a meeting of the City's Planning and Zoning Commission would convene at 7:30 P.M. on Tuesday, October 23, 1979. PROCLAMATIONS: Mayor Laurie read a proclamation proclaiming October 24, 1979 "U N DAY ". COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA: MR. FRANK Mr. Frank Brutt, member of the City's Planning and Zoning Commission, address BRUTT the Council reading a communication the City received from Mr. Charles R. Walker, Director of the County's Traffic Division, re: the setbacks of the building Biscayne Federal Savings and Loan Association proposes to develop on the northwest corner of PGA Boulevard and U. S. Highway #1 in Palm Beach Gardens. This communication referenced the Palm Beach County Thoroughfare Plan for the Year 2000. Mr. Brutt suggested that the additional right -of -way that will be required for the future six laning of PGA Boulevard and the additional right -of -way that may be needed in the future for U. S. Highway #1 be preserved, so that unimproved rather than improved lands will have to be acquired for these additional rights -of -way. Mayor Laurie referenced a communication the City Administration sent to Ms. Lori Maass, Attorney for Biscayne Federal Savings and Loan, together with a copy of the letter from Mr. Walker. The City Clerk reported that Biscayne Federal Savings and Loan has been requested to contact the County to discuss their plans and this Thoroughfare Plan. City Council Regular Meeting, 10/18/79 Page 2 MR. LOUIS Mr. Louis Kleiman, 4374 Elm Avenue, addressed the Council suggesting that N the ingress /egress for City Hall on Military Trail be widened. This will be a part of the City Engineer's traffic study on the City's 40 acres on the northeast corner of Burns Road and Military Trail. MR. CLIFF Mr. Cliff Caudill, 321 Riverside Drive, addressed the Council requesting that CAUDILL in view of the fact that sidewalks have been constructed along Lighthouse Drive, Riverside Drive between Lighthouse Drive and 11acArthur Boulevard remain a thru street for vehicular traffic during school hours and that the "No Thru Traffic" signs be discontinued. A re- survey of this area re: the necessity of closing this artery to vehicular traffic will be made. MR. SAMUEL Mr. Samuel Carsillo, 10063 Dahila Avenue, addressed the Council re: the CC R­ proposal of the School Board that they be permitted to levy up to two additional mills without a referendum election; Florida Power and Light Company's fuel adjustment charge being an injustice to its users; the replacement of the Fire Chief's vehicle; the pending location of a helicopter landing pad at the PBG Hospital; the room rates at the PBG Hospital; and the repair of the damage done by the hurricane to City streets. RESOLUTIONS: Resolution 78, 1979, consenting to PGA Communications Systems, a joint RESOLUTION 78, venture between Palm Beach Cable TV Company and National Communication Cor- 1979 poration, operating a cable television system in the PGA National Resort Community in accordance with the City's Ordinance 22, 1967, was read in full by the City Clerk by a unanimous vote of the Council. Resolution 78, 1979, was unanimously adopted by the Council. RESOLUTION 79, Mayor Laurie declared the Public Hearing open, which was duly advertised T777- October 2, 1979, and held on the intent of Resolution 79, 1979, permitting as a "conditional use" in a CG -I Zoning District the retail sale /service of alcoholic beverages for on- premise consumption at the DeCesare's Restaurant & Lounge, proposed to be located within the PGA Plaza at 2534 PGA Boulevard. Mayor Laurie acknowledged receipt of a communication from the City's Planning and Zoning Commission advising that at their duly advertised Public Hearing held October 9, 1979, a motion was unanimously adopted that they recommend to the City Comril the granting of this request of Mr. Frank De Cesare, Jr., owner of the De Cesare's Restaurant, with the stipulation that the serving of the alcoholic beverages is less than 50% of their business. Mr. De Cesare addressed the Council advising that approx. 70% of the restau- rant's gross revenue will be derived from the sale of food and non - alcoholic beverages. City Council Regular Meeting, 10%18,'79 Page 3 With no further comments from members of the audience, Mayor Laurie declared the Public Hearing closed. By a unanimous vote of the Council, the City Clerk read in full Resolution 79, 1979. Resolution 79, 1979, was unanimously adopted by the Council. RESOLUTION BO, Mayor Laurie declared the Public Hearing open, which was duly advertised T77T October 2, 1979, and held on the intent of Resolution 80, 1979, permitting as an exception to Chapter 3 of the City's Code the sale of alcoholic beverages for on- premise consumption at the De Cesare's Restaurant & Lounge, which is proposed to be located closer than the required 750' to another alcoholic beverage vendor in the PGA Plaza. There weren't any comments from members of the audience. Mayor Laurie declared the Public Hearing closed. By a unanimous vote of the Council, the City Clerk read in full Resolution 80, 1979. Resolution 80, 1979, was unanimously adopted by the Council. RESOLUTION 81, Mayor Laurie declared the Public Hearing open, which was duly advertised T77T October 2, 1979, and held on the intent of Resolution 81, 1979, permitting as a "conditional use" in the CG -1 Zoning District the retail sale/service of alcoholic beverages for on- premise consumption at "The Brass Rail" proposed to be located within the Colony Plaza at 4235 Northlake Boulevard. Mayor Laurie acknowledged receipt of a communication from the City's Planning and Zoning Commission advising that at their duly advertised Public Hearing held October 9, 1979, a motion was defeated that they recommend to the City Council the granting of this request of Messrs. Charles C. Famous & B. H. Carlisle, Jr., due to the lack of required on -site parking. Mr. Jack Hanson, the City's Building Official, addressed the Council relating that the quantity of off - street parking provided at the Colony Plaza does not satisfy the City's parking requirements for the proposed restaurant; however, the cross - parking agreement between the owners of Colony Plaza and the owner(s) of the adjacent shopping center on the northwest corner of Keating Drive and Northlake Boulevard would provide for this compliance with the City's Code. Mr. Hanson noted that the parking lot of the shopping center is in a state of deterioration - it needs to be resurfaced and relined, the drainage is poor, and the center's landscaping is deficient. Mr. Famous addressed the Council advising that they would bear the expense to reseal and restripe the adjacent parking lot owned by Bankers Life & Casualty Company and perhaps install some landscaping, which would be main- tained by the firm they contract for the Colony Plaza. City Council Regular Meeting, 10/18/79 Page 4 Attorney Fred Cohen addressed the Council suggesting that if they were in agreement with the basic hypothesis that the parking arrangement Mr. Rudy Arsenicos, Architect, submitted to them would be appropriate and that the overall plan is in accordance with the Council's desires, he would like for himself, Mr. Famous, and Bankers Life & Casualty Company's Attorney to meet with the City's Attorney to confirm that the legal description contained in the cross - parking agreement provides for complete egress /ingress from Keating Drive to the Colony Plaza property. It was the opinion of members of the Council that because of the cross - parking agreement, the parking and landscaping at the shopping center should be improved by the petitioners. Vice Mayor Kiedis conveyed that he concurred with the Planning and Zoning Commission's recommendation, as he was not in favor of the cross- parking arrangement. Subsequent to considerable discussion with Mr. Famous, Mr. Arsenicos, Attorney Cohen, and Mr. Don Annuzzi, owner of the proposed restaurant, a motion was unanimously adopted by the Council that the subject Public Hearing be recessed until their Regular Meeting of November 1, 1979. In the meantime, the City Engineer will be requested to make a recommendation with respect to what would be required to upgrade the total parking lot owned by Bankers Life & Casualty Company, to include an opinion re: the drainage at that locale. Also, it was recommended that an agreement be made with Bankers Life & Casualty Company that some of the parking spaces within their shopping center's parking lot, including the two surplus spaces, be eliminated so that some additional landscaping can be installed. RESOLUTION 82, Mayor Laurie declared the Public Hearing open, which was duly advertised T77T October 2, 1979, and held on the intent of Resolution 82, 1979, permitting as an exception to Chapter 3 of the City's Code the sale of alcoholic beverages for on- premise consumption at "The Brass Rail" restaurant, which is proposed to be located within the Colony Plaza at 4235 Northlake Boulevard and closer than the required 750' to two other alcoholic beverage vendors that are located within a shopping center on the northwest corner of Keating Drive and Northlake Boulevard. Pursuant to the discussion re: the intent of Resolution 81, 1979, a motion was unanimously adopted by the Council that the subject Public Hearing be recessed until their Regular Meeting of November 1, 1979. City Council Regular Meeting, 10/18/79 Page 5 ORDINANCES: Per the request of Mr. Jack Mathis, authorized agent for Mr. Charles E. ORDINANCE 12, Brooks, the Council at their Regular Meeting of October 4, 1979, recessed 1777- until this date the duly advertised Public Hearing to be held on the intent - of Ordinance 12, 1979, annexing into the City a 10.046 -acre parcel of land located within Section 13 -42 -42 along the southern perimeter of Lots 4 -A thru 12 -A of the Unrecorded PGA National Golf Club Estates, First Addition, PBG, and concurrently with the annexation the creation of a Planned Unit Development with a zoning classification and use of single family on these lands. Mayor Laurie declared the Public Hearing open on the intent of Ordinance 12, 1979. There wasn't anyone in the audience that spoke for or against the passage of Ordinance 12, 1979. The City Clerk advised the Council that Mr. Mathis requested that the subject Public Hearing be again recessed by the Council until their Regular Meeting of November 1, 1979. A motion was unanimously adopted by the Council that the Public Hearing on their consideration of adoption of Ordinance 12, 1979 be recessed until their Regular Meeting of November 1, 1979. In addition to the above Public Hearing, the City Council will at their November 1, 1979 Regular Meeting also hold a Public Hearing on the intent of Ordinance 13, 1979, which is based on the request of Mr. Mathis for the creation of the "Gardens Glen" Single Family Planned Unit Development on a 10.28 -acre parcel of land. This 10.28 -acre parcel is the 10.046 -acre parcel involved in Ordinance 12, 1979, plus Lbt 9 -A of the unrecorded Plat known as PGA National Golf Club Estates, First Addition, which is already in the City. ORDINANCE 14, Mayor Laurie declared the Public Hearing open, which was duly advertised 1777-- October 2, 1979, and held on the intent of Ordinance 14, 1979, which is based on the request of Mr. Carl Sabatello, President of Sabatello Develop- ment Corporation, for the creation of the "Edgemere" Multi- Family Planned Unit Development on Tracts 10, 11, & 12, Replat #1 of Plat #4. Mr. George Hughes, 4378 Elm Street, Mr. Nicholas Corockios, 4411 Ash Street, and Mr. Louis Kleiman, 4374 Elm Street, all residents of Plat #4, spoke from the audience commenting on their concerns re: the project, particularly the traffic impact on Ash Street, where ingresses /egresses for two of the three clusters of buildings will be located. The Council explained to these gentle- men why more than the one curb cut provided for the third cluster and the City Council Regular Meeting, 10/18;79 Page 6 "Miramar" Townhouse Project to be developed to the north could not /should not be located on N. Military Trail or on Elm Street along the southern perimeter of "Edgemere ". Mr. Sabatello expressed that he would probably be willing to assist in the location of a identifying sign for the subdivision in the Elm Street median, if the monies for this sign were provided. This ground sign identifies this subdivision as "Royal Four" and was proposed by residents of Plat #4. With no further comments from members of the audience, Mayor Laurie declared the Public Hearing closed. By a unanimous vote of the Council, the City Clerk read by title only, on second reading Ordinance 14, 1979, providing for the creation of the "Edgemere" Multi - family Planned Unit Development on Tracts 10, 11, & 12, Replat #1, Plat #4. Ordinance 14, 1979 was unanimously adopted by the Council. ITEMS FOR DISCUSSION: PURCHASE OF Per the recommendation of the City Manager, a motion was unanimously adopted SWEEPER /VACUUM by the Council that he be authorized to purchase from Asphalt Sealcoating W D-- Company a combination sweeper /vacuum cleaner for $2,400 - monies to be �— taken from the Council Contingency Account. LETTER TO Vice Mayor Kiedis recommended certain changes to the verbiage in the communi- EAIQREfiS LIFE cation to be Gent to Bankers Life & Casualty Company requesting their cooper- RE: FEASIBILITY =TD ation with the firm the City has contracted to prepare a financial feasibility study on the acquisition of their utility company, Seacoast Utilities, Inc. PBGHS'S USE OF The Council was in favor of the PBGHS using the baseball fields at Gardens PA}2K BASEBALL FIELDS Park for their home games - 12 varsity and 8 jr. varsity games to take place between February 26 and April 26, 1980; and using these fields for practice starting December 1, 1979, whenever the fields at Howell Watkins cannot be used due to their athletic programs. These games are to be coordinated with the City's Recreation Director. P W DEPT BUILD- The Council was in favor of the City's Public Works Department building a T baseball diamond without a grassed infield at the PBGHS, if the funds for FBUFT-- the materials are provided by the School System. ORDINANCE IM- The City Attorney was requested to draft an Ordinance for the Council's con - POSING ROAD SEE sideration, imposing a road impact fee on new residential construction in the City. City Council Regular Meeting, 10/18/79 ITEMS BY THE CITY MANAGER: CARNIVAL TO BE Page 7 The Council approved the request of the Fire Department to sponsor a Sheldon Amusement Carnival at Lake Catherine on November 20 through November 25, 1979. The proceeds from this carnival will go to the Palm Beach Gardens Fire Department, Inc. ITEMS BY THE MAYOR AND COUNCIL: VICE MAYOR Vice Mayor Kiedis proposed that the Council adopt a policy whereas their KI� meetings would have a 11:00 P.M. curfew. Vice Mayor Kiedis proposed that Mr. Geoffrey Birt of "Weekday" Newspaper receive some recognition from the Council, perhaps a plaque, for his factual and faithful reportings of City Council meetings. COUNCILMAN In response to Councilman Martina, the City Clerk reported that the City MARTINO Manager is working with Florida Power & Light Company re: the repair of street lights in the City. Councilman Martino requested that Mr. Chandler Clark of Camdaras, Inc., Burns Road, be reminded that he is to have no more than one recreational vehicle on the outside of his fencing. Councilman Martino requested that a stop bar be painted on Lighthouse Drive, west of the traffic signal at the railroad tracks. Councilman Martino requested that the City's 25 m /p /h speed limit be repainted on the City's streets. ADJOURNMENT: With no further business, the meeting adjourned at 11:40 P.M.. MAYOR LAURIE COUNCILMAN ALDRED VICE MAYOR KIEDIS CITY CLERK COUNCILMAN FEENEY ti Al COUNCILMAN MARTINO