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HomeMy WebLinkAboutMinutes Council 110179CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS NOVEMBER 1, 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; 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 Kiedis, Councilman Feeney, Councilman Aldred, and Councilman Martino. City Manager John Orr and Attorney William Brant were also in attendance. MINUTES: The minutes of the October 11, 1979 Workshop Meeting were unanimously approved by the Council, as written. The minutes of the October 18, 1979 Regular Meeting were unanimously approved by the Council, as written. The minutes of the October 25, 1979 Workshop Meeting were unanimously approved by the Council, as written. ANNOUNCEMENTS: Mayor Laurie announced that a meeting of the City's Merit System Board would take place on Tuesday, November 6, 1979 at 7:30 P.M.; and a meeting of the City's Recreation Advisory Board would take place on Tuesday, Novem- ber 13, 1979. PROCLAMATIONS: Mayor Laurie read a Proclamation proclaiming the week of November 4, 1979 "Marine Corps Week "; and presented this Proclamation to Sgt. Wentworth of the U. S. Marines, CALL FOR BIDS: The one bid received by the City was opened and read by the City Clerk for STORM SHUTTERS Folding Storm Shutters for the Central Fire Station, as duly advertised FOR FIRE STA- October 8, 1979, as follows: Folding Shutter Corporation, 501 S. Dixie Highway, WPB, Fla.: $3,625.00. EXPANSION OF The one bid received by the City was opened and read by the City Clerk for ASAS E{ the expansion of one existing basketball court to two basketball courts at LET —AT PLANT DR. PARK Plant Drive Park, as duly advertised October 16, 1979, as follows: Heavy Construction of NPB, Inc., 3630 Northlake Boulevard, Lk Pk, Fla: `� Total cost, including the resurfacing of existing court - $5,403.95. City Council Regular fleeting, 11/1/79 Page Z CALL FOR BIDS: The one bid received by the City was opened and read by the City Clerk for MALIBU POLICE Six Malibu Police Cars, without trade -ins, as duly advertised October 15, CARS 1979, as follows: Roger Dean Chevrolet, 2235 Okeechobee Blvd., WPB, Fla.: $6766.04 per unit. IRRIGATION The two bids received by the City were opened and read by the City Manager SYSTEM FOR for all labor and materials for complete permanent installation of an irri- CTTT ALL & GARPARK gation system to cover four separate zones, with alternates, as duly adver- tised October 10, 1979, as follows: Sunnyland Irrigation, 1313 Central Terrace, Lake Worth, Fla. - Area I (Ball Field) $14,310.00, plus $166.00 for Alternate I, plus $35.00 per foot for 6" open -end well, $60.00 per hour to pump out the well, and $20.00 per foot for the well screen, if necessary. Area II (North side of City Hall) -- total $2175.00. Area III (Fire Station) - $2215.00, plus $1,521.00 for Alternate 1. Area IV (West Tennis Courts) - $725.00, plus $600.00 for Alternate I. Dolphin Sprinkler, Inc., 1379 N. Killian Dr., Lark Park, Fla. - Area I (Ball Field)- $22,260.00 total. Area II (North side of City Hall) - total $1,980.00. Area III (Fire Station) - $2,850.00, plus $1,400.00 for Alternate I. Area IV (West Tennis Courts) - $1,700.00, plus $630.00 for Alternate I. All of the foregoing bids were referred to the City Manager for recommendation to the Council at a future meeting. RESOLUTIONS: Mayor Laurie declared the Public Hearing open, which was duly advertised RESOLUTION 81, October 2, 1979, recessed from the October 18, 1979 Regular Meeting, and T7757- 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" restaurant, proposed to be located at 4235 Northlake Boulevard within the Colony Plaza. There wasn't anyone in the audience that spoke for or against the passage of Resolution 81, 1979. Mayor Laurie declared the Public Hearing closed. The Council didn't consider the passage of this Resolution, as the petition was withdrawn by the owners of the Colony Plaza, Messrs. Charles C. Famous and B. H. Carlisle, Jr.. Mayor Laurie declared the Public Hearing open, which was duly advertised October 2, 1979, recessed from the October 18, 1979 Regular Meeting, 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, proposed to be located closer than the required 750' to other alcoholic beverage vendors. City Council Regular Meeting, 11/1/79 Page 3 There wasn't anyone in the audience that spoke for or against the passage of Resolution 82, 1979. Mayor Laurie declared the Public Hearing closed. The Council didn't consider the passage of this Resolution, as the petition was withdrawn by the owners of the Colony Plaza, Messrs. Charles C. Famous and B. H. Carlisle, Jr.. RESOLUTION 83, Mayor Laurie advised the Council that per the City Attorney's interpretation 1999 of the Fla. Statutes re: nepotism, his wife, Nancy Laurie, has withdrawn her request to be considered at this time for appointment to the City's Planning and Zoning Commission. By a unanimous vote of the Council, the City Clerk read in full Resolution 83, 1979, appointing a member to the City's Planning and Zoning Commission, with the name Donald Vogel inserted in the blank of Section 1. A motion was made by Vice Mayor Kiedis, seconded by Councilman Martino, that Resolution 83, 1979 be adopted by the Council as read. Vote on motion: Mayor Laurie, Vice Mayor Kiedis, Councilman Martino, and Councilman Aldred voted aye. Councilman Feeney voted nay. Resolution 83, 1979 was adopted by the Council with four ayes and one nay. RESOLUTION 84, The Council deferred their consideration of adoption of Resolution 84, 1979, 1979 appointing a member to the City's Site Plan and Appearance Review Committee to fill the unexpired term of Hilmy Adeeb, until their Regular Meeting of November 15, 1979. RESOLUTION 87, By a unanimous vote of the Council, the City Clerk read in full Resolution T77T 67, 1979, appointing an alternate member to the City's Planning and Zoning Commission, with the name Robert Langsfeld inserted in the blank of Section 1. Resolution 87, 1979, was unanimously adopted by the Council as read by the City Clerk. RESOLUTION 85, By a unanimous vote of the Council, the City Clerk read in full Resolution 85, 1979, reappointing a member to the City's Zoning Board of Appeals, with the name Seymour Fine inserted in the blank of Section 1. Resolution 85, 1979 was unanimously adopted by the Council as read by the City Clerk. RESOLUTION 86, By a unanimous vote of the Council, the City Clerk read in full Resolution 86, 1979 1979, appointing and reappointing members to the City's Recreation Advisory Board with the names Bill Markham, Chuck Bittle, and Tom Schwartz inserted in Sections 1, 2, and 3, respectively. Resolution 86, 1979 was unanimously adopted by the Council as read by the City Clerk. It will be recommended to f1r. Markham, a golf pro that gives lessons for the City on a fee basis, that as member of this advisory board he abstain from participating in discussions wherein a conflict of interest may exist. City Council Regular Meeting, 11/1/79 Page 4 RESOLUTION 68, By a unanimous vote of the Council, the City Clerk read in full Resolution T77T 88, 1979, appointing a member to the City's Zoning Board of Appeals to fill the unexpired term of Frederick StolLing, mith the name Donald Kiselewski inserted in the blank of Section 1. Resolution 88, 1979, was unanimously adopted by the Council as read by the City Clerk. RES. - APP'T The Council deferred their consideration of adoption of a Resolution appoint - bF_ArT_.7MBER ing an alternate member to the City's Zoning Board of Appeals until a future Regular Meeting. RESOLUTION 89, By a unanimous vote of the Council, the City Clerk read in full Resolution T777-- 89, 1979, authorizing the City's acceptance of a deed conveying fee simple title to part of Gardens East Drive. Resolution 89, 1979, was unanimously adopted by the Council. The Council commended the City Manager for consummating the City's acquisi- tion of this roadway easement from Royal American Industries, Inc.. RESOLUTION 90, A motion was made by Councilman Aldred, seconded by Councilman Feeney, that the Council defer their consideration of Resolution 90, 1979, requesting the implementation of laws and policies curbing windfall profits of the petrol- eum industry, until their Regular Meeting of November 15, 1979, enabling the Council to review Councilman Aldred's written comments re: the intent of this Resolution. Vote on motion: Mayor Laurie, Vice Mayor Kiedis, Councilman Aldred, and Councilman Feeney voted aye; Councilman Martino voted nay. The motion was adopted by the Council with four ayes and one nay. Resolution 90, 1979 will be workshopped at the November 8, 1979 Workshop Meeting. ORDINANCES: Per the request of Mr. Jack Mathis, authorized agent for Mr. Charles E. ORDINANCE 12, Brooks, the Council at their Regular Meetings of October 4, 1979 and October T7T7-- 18, 1979, recessed until their Regular Meetings of October 18, 1979, and this date, respectively, 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. The City Manager conveyed to the Council the comments of the City Engineer, Mr. Lennart Lindahl, re: the drainage plans for the project (Gardens Glen), which were approved by South Fla. Water Management District. City Council Regular Meeting, 11/1/79 Page 5 These plans provide for water retention /drainage along the perimeter of the subdivision, within the back yards of the single family lots. The plat does not provide for drainage eastments for an agency's maintenance of this portion of the drainage system. Instead, a 20' -wide easement reservation along this area will be a part of the deed restrictions. The City Manager advised that Mr. Lindahl didn't have any recommended alter- natives for the drainage system and he approved the plans approved by SFWMD; however, he wanted the City to be aware of the drainage requirements imposed by SFWMD. Mayor Laurie declared the Public Hearing open on the intent of Ordinance 12, 1979. In response to the concern of members of the audience who are residents in the near vicinity of the proposed project, Councilman Martino quoted the communication from the City Engineer indicating that the drainage system approved by SFWMD will provide an adequate level of protection for the residents of Gardens Glen and the system as designed would not adversely impact surrounding neighborhoods. 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 12, 1979. Ordinance 12, 1979 was unanimously adopted by the Council. The Council stipulated that prior to the recording of the plat for the "Gardens Glen" Planned Unit Development, the City Engineer's written approval of the drainage plans and plat must be on file with the City and the City Attorney must approve the verbiage that provides for the easement reservation in the deed restrictions. ORDINANCE 13, Mayor Laurie declared the Public Hearing open, which was duly advertised October 16, 1979, and held on the intent of Ordinance 13, 1979, which is based on the request of Mr. Jack Mathis, as authorized agent for Mr. Charles E. Brooks, for the creation of the "Gardens Glen" Single Family Planned Unit Development on a 10.28 -acre parcel of land located within Sections 12 & 13- 42-42. This 10.28 -acre parcel is the 10.046 -acre parcel involved in Ordinance 12, 1979, plus Lot 9 -A of the unrecorded Plat known as PGA National Golf Club Estates, First Addition, which was already in the City. With no comments from members of the audience, the Mayor declared the Public Hearing closed. City Council Regular Meeting, 11/1/79 Page 6 By a unanimous vote of the Council, the City Clerk read by title on second reading Ordinance 13, 1979. The City Clerk also read into the record the modifications made by the Council to the body of the Ordinance, as follows: 1. The insertion of the zoning classification "RS -2" between the words "with" ands §ingle" in the second line of Section 1. 2. The insertion of the sum of $27,500.00 in the blank of the second para- graph of Section 2. 3. The insertion of the sum of $185,757.00 in the blank of Section 3. The verbiage "A maintenance bond or letter of credit shall be posted with the City as the obligee in the sum of $20,000.00, which bond or letter of credit shall remain in effect for a period of one year from date of acceptance of said improvements by the City for future maintenance. The bond or letter of credit is being issued to ensure that said improvements have been properly constructed according to the City Code. ", as read by the City Attorney, was inserted after the last line of Section 3. Ordinance 13, 1979, was unanimously adopted by the Council with the foregoing amendments. u The Council stipulated that prior to the recording of the plat, the City Attorney must approve the drainage easement reservation language that will be used in the deeds of conveyance to each property owner by the developer and the City Engineer's written approval of the drainage plans and plat must be on file with the City. ITEMS FOR DISCUSSION: LANDING OF HELI- A motion was unanimously adopted by the Council that they grant the request COPTER AT PBGHS of Mr. Morris Connerly, Assistant Principal of the PBGHS, to land a helicopter at approx. 7:00 P.M. on the high school's football field on November 2, 1979, in conjunction with their "homecoming" festivities. UPGRADING OF The Council was in favor of the recommendation of Vice Mayor Kiedis that with BASEBALL FIELD the approval of School Plant Planning, the City reconstruct the baseball field AT PBGHS at the PBGHS so that they can use it for infield practice until such time funds are approved by School Plant Planning for the construction of the field discussed at the October 18, 1979 Regular Meeting. PBGYAA BASKET- Mayor Laurie acknowledged receipt of a communication dated October 30, 1979 BALPROCRAM from Mr. John Caporini, Pres. of the PBGYAA, requesting that pursuant to the City's Community School Program agreement with the PBGHS, the priorities for usage of the basketball courts at the high school by non -high school interests be clarified /established. Councilman Martino, Council Liaison to City Council Regular Meeting, 11/1/79 Page 7 the Palm Beach Gardens Youth Athletic Association, offered to assist in this matter. �- CARPETING FOR The City Manager was requested to provide the Council a cost estimate for C TME the replacement of the carpeting in his office. PETITIONS AND COMMUNICATIONS: Mayor Laurie acknowledged receipt of communications from the following: NORMAN A. 1. Norman A. Jackson, Executive Director of the Fla. Commission on Human JACC TES iN- Rights, enclosing a copy of Governor Bob Graham's Proclamation pro- claiming December 9 -15, 1979 "Human Rights Week ". MICHAEL S. HUEY 2. Michael S. Huey of the Lake Park Jaycees re: the Christmas In Dixie Parade to be held on December 9, 1979 at 2:00 P.M.. MARK C. HOLLIS 3. Mark C. Hollis of Public Super Markets, Inc. inviting the Council to the grand opening of their Garden Square store on November 14, 1979. LLOYD MAZER 4, Lloyd Mazer, 4103 Lakespur Circle South, PBG, resigning from the City's Merit System Board. WM. W. YARICK 5. William W. Yarick, 4235 Hickory Drive, PBG, offering to serve on the City's Planning and Zoning Commission. J JACK WHITE 6. Jack White, 4201 Honeysuckle Ave., PBG, offering to serve on the City's Planning and Zoning Commission, Zoning Board of Appeals, or Beautifica- tion and Environmental Committee. JAY HASNER 7. Jay Hasner, 1518 15th Court, PBG, offering to serve on the City's Zoning Board of Appeals. GEORGE KELLY 8. George Kelly of Village Home Builders, commending the City's Building Department. REPORTS: Vice Mayor Kiedis reported that he attended the meeting this week at the VICE MAYOR r PBGHS re: their baseball program. ITEMS BY MAYOR AND COUNCIL: COUNCILMAN Councilman Feeney requested that prior to the Council's consideration of FEENEY approval of a pp proposed project, they receive the comments of the City Engineer re: the paving and drainage plans and plat, if applicable. Councilman Feeney suggested that pursuant to the City's subdivision regula- tions, a developer's donation to the City's Recreational Lands /Funds be based on the present market value of the land he is proposing to develop /plat. City Council Regular Meeting, 1111179 Page S VICE MAYOR Vice Mayor Kiedis suggested that rather than forwarding the landscaping KIEDIS plans for a Planned Unit Development to the City's Site Plan and Appearance u Review Committee for final approval, all plans for the Planned Unit Develop- ment be approved by the Council inclusively at the time of its adoption/ creation. MAYOR LAURIE Mayor Laurie requested that the potholes in PGA Boulevard in front of the PGA National Sales Office be repaired. ADJOURNMENT: With no further business, the meeting adjourned at 11:47 P.M.. J MAYOR LAURIE VICE MAYOR KIEDIS 1 _ J_,,, c�7 CITY CLERK COUNCILMAN ALDRED y a, _N _- COU46LMAN_ EEENEY' \ COUNCILMAN MARTINO