HomeMy WebLinkAboutMinutes Council 021678REGULAR MEETING
CITY OF PALM BEACH GARDENS
FEBRUARY 15, 1978
The Regular Meeting of the City Council of Palm Beach Gardens
was called to order by Mayor Feeney at 8:00 P.M. in the
Assembly Room, 10500 North Military Trail, Palm Beach Gardens,
Florida, and opened with the Pledge cf Allegiance to the Flag.
ROLL CALL: Roll was called by the City Clerk and present were: Mayor
Feeney, Vice Mayor Laurie, Councilman martino, Councilman Kiedis
and Councilman Wiley. Attorney Brant was in attendance.
MINUTES: The Minutes of the Workshop Meeting of February 9, 1978, as
amended, were unanimously adopted by the Council.
ANNOUNCEMENTS:Mayor Feeney made the following announcements:
Palm Beach Gardens YAA General Membership Meeting - Tuesday,
February 21, 1978.
General and Referendum Election - Tuesday, March 14, 1978
Filing dates for candidates - February 14 -28th.
PROCLAMATIONS:Mayor Feeney read a Proclamation declaring National Crime
Prevebtion Week from February 12 -18th.
COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA:
A.J. VARNEY: Mr. A. J. Varney, 3310 Meridian C, a member of the Board of
Directors of the Sandalwood Homeowners Association, addressed
the Council regarding a request they had received for a foot-
bridge across the canal from Sandalwood Phase 1 to Sandalwood
Phase 2, and requested permission to put a woven lattice type
fence where the north /south canal and east /west canal meet to
keep out the motorcycles and mopeds in that area. Both requests
were taken under advisement by the Council for further
investigation by the City Manager.
Councilman Martino complimented Mr. Varney for the Newsletter
Regular Meeting, February 16, 1978
Page 2
that the Sandalwood Homeowners Association publishes, and the
efficient way they are handling their problems.
VINCE Vince Alvarez, 505 Holly Drive made a presentation to the Council
ALVAREZ:
on behalf of the Palm Beach Gardens Youth Athletic Assoc.
requesting money to provide additional safety fences and dugouts
for the three new baseball fields that the city has constructed
on the 10 acres adjacent to the City Hall Complex. Mr. Alvarez
pointed out they were needed for the safety of the players, the
fans, the surrounding property and that they would improve the
quality of the games.
Ken Staggs, Chairman of the Recreation Advisory Board agreed
with the remarks made by Mr. Alvarez.
SAFETY The cost for a 90' extension on each side plus the dugout with
FENCES FOR
BALLFIELDS: a 10' high fencing for the big field - $2160 materials plus
$580 for labor for a total of $2740; and 60' extension with
dugouts for 2 midget fields - $1670 materials plus $400 for
labor for a total of $2070 each field. Overall cost $6880.
The PBGYAA would allocate $3440 and asked that the City match
the funds.
A motion was made, seconded and unanimously carried to donate
$3440 to the Palm Beach Gardens Youth Athletic Assoc.for the
purpose of constructing the three fences, as outlined by Mr.
Alvarez, to be placed on City property, with the title, care
and maintenance to be the responsibility of the City., monies
to be taken from the Community Promotion Account of General
Government.
Councilman Martino reiterated the history of the PBGYAA in
that they provide recreation for the children of the City,
and the members of the Association serve on a volunteer basis.
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Regular Meeting, February lb, 1978
Page 3
ALBERT MYERS:Mr. Albert Myers, a member of the audience asked that the location
of the property involved in petitions for annexation, rezoning
etc. be added to the legal ad for clarification to the public.
RESOLUTIONS: Resolution #7, 1978 appointing the Election Officials for the
RESOLUTION General and Referendum Election was read in full by the City
#7, ^1978:
Clerk and unanimously adopted by the Council.
RESOLUTION Resolution #8, 1978 relating to the financing of new local
#8, 1978
governement duties was read in full by the City Clerk, as
amended and unanimously adopted by the Council. The City Clerk
was directed to send copies of the Resolution to Senator Glisson,
the Finance, Tax and Claims Committee and the local Legislative
Delegation.
RESOLUTION Resolution #9, 1978 authorizing the use of a mobile home trailer
#9, 1978:
at Palm Beach Gardens High School under the Vandal Watch Program
was read in full by the City Clerk, and unanimously adopted by
the Council.
RESOLUTION Resolution #10, 1978Fhich is a standard resolution required
78
by the Department of Environmental Regulation with the
responsibility given to the Palm Beach County Health Dept.
relating to dredge and fill permits was read in full by the
City Clerk, on a request from C & Sea Properties, Inc. for
Vision I, and inserting the name C & Sea Properties, Inc. as
the name of the applicant,and Vision I the name of the project,
and unanimously adopted by the Council.
Howard Searcy, Engineer, stated for the record that the last
Whereas in the Resolution was redundant, and that no biological
reports are forthcoming since this project will require only
1106 yards of fill.
Regular Meeting, February 16, 1978 Page 4
ORDINANCES: Mayor Feeney declared the Public Hearing open on consideration
ORDINANCE of Ordinance #18, 1977 establishing a PUD in Section 1 -42 -42
on a request from Mr. Otto DiVosta, which was duly advertised
on December 30, 1977.
Ordinance #18, 1977 was reviewed page by page by the Council
together with the exhibits. Mr. DiVosta, Mr. Robert E. Owen,
Engineer and Howard Searcy, Engineer were present and entered
into the discussion.
Councilman Wiley referenced for the record receipt of a letter
dated January 20, 1978 from the School Board of Palm Beach County
concerning the impact from the PUD to the school system, and
stated that the Council is aware of the School Board's concern.
City manager John L. Orr read into the record a letter dated
February 16, 1978 from Howard Searcy, Engineer enclosing a copy
of the final plat and development plan, and a copy of a cost
estimate as the surety for the construction of the project.
No comments were received by members of the audience.
Mayor Feeney declared the Public Hearing closed.
The following changes were made to Ordinance #18, 1977 during the
discussion and review: Page 1, Section 1. sixth line change date
to February, 1978 and No. to now read D 3773--004. Page 2, second
paragraph add the word "composite" before Exhibit C in first
line, the last sentence in the paragraph change the word detailed
to example, add "2 lighted" basketball courts, "4" handball
courts, "4 lighted" tennis courts and add the words "and
maintenance" after parking.
Page 3 (b) - add word "substantially" before completed and
change 50% to 25 %.
Page 6 - second paragraph, fourth line, add after City "and
provide a minimum of 40 trees with a minimum height of 4 feet,
Regular Meeting, February 16, 1978 Page 5
and provide grass by seeding, to make the area suitable as
a picnic and passive park similar to the natural area adjacent
'--_ to the construction site.
The Council unanimously agreed to allow the developerflexibility
as to the placing of the recreational facilities as setforth
in Exhibit "C ".
The developer will provide a Homeowners Assoc. document prior to
the time any Certificates of Occupancies are issued.
Mr. Varney spoke from the audience complimenting Mr. DiVosta
on his cooperation and assistance to the residents of Sandalwood
Phase I.
Ordinance #18, 1977 was read in full by the City Clerk with the
changes that were made, on second reading by a unanimous vote
of the council.
A motion was made by Vice Mayor Laurie, seconded by Councilman
Kiedis to adopt Ordinance #18, 1977 as read: vote on motion:
Mayor Feeney, Vice Mayor Laurie, Councilman Kiedis and Councilman
Martino voted aye; Councilman Wiley voted nay. Motion carried
with a vote of 4 -1.
Councilman Wiley commented on his list of plus and minuses
regarding the project as far as he was concerned. "The City is
getting a very high quality product and from a very respected
developer, the project conforms to the Long Range Plan and
provides less density than required, it has on -site recreation
areas, a demand for reasonably priced living areas is acute
in this area, and that is evident by the fact that Mr. DiVosta
has sold out, it is well planned, good roads and parking areas,
access and open space, high quality shopping center, the
maintenance of the recreation area and waterways will be by
others than the City, and it does contain provisions for
Regular Meeting, February 16, 1978
Page 6
dedication of lands to the City for recreation purposes. On
the negative side I am very concerned about the similiarity of
�. a high quality design,bat in my mind is excessive repeatedness,
that is one building designed over and over. It has limited
recreation to the extent that there will be overflow to the
already taxed City facilities for certain types of sports. I
have mentioned before there will be an adverse impact on the
schools which may require that certain sections of the existing
residential area will have to be bused away to provide room for
students that come from this area. Most important is the change
in character of the City. The single family percentage, based
on residential versus condominiums has been reduced from 58% in
1976 to 49% with Sandalwood I and II, and we will reach 43% with
this new PUD. I am also concerned about the private aspect of
this and other types of communities which are under a homeowner
association rule which creates pockets within the City which I
feel disturb the existing harmony. He further commented that then
he was appointed to the City Council, he promised to offer
comments, and promised not to cast a deciding vote, and since
there are 4 affirmative votes already and this project has
passed, I cast a no vote to express the concern and the trend,
and not necessarily against the project per se, away from the
individual home character of the City and also for a concern
over the adverse impact on our current over crowded schools, and
the nature of the project with regard to the private aspect with
this and similar other types of projects..with regard to the idea
that as many buildings, although individually they are very
attractive, so many of them together I feel is not the desired
nature of the City. My no vote is to express to the City Council
and Planning and Zoning Commission and others, that I am concernec
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Regular Meeting, February 16, 1978 Page 7
about the nature of our City, and the trend of these types of
projects, and the effects of these trends on the City, where I
feel is the best place to live."
By unanimous vote of the Council, it was agreed to follow the
recommendation of Howard Searcy, in his letter dated February 16,
1978 that the applicant be required to furnish a letter of credit
or bond in the amount of $491,500.00 for on --site improvements as
setforth in Ordinance #18, 1977. The Council concurred with the
recommendation of Mr. DiVosta that the figure be amended to read
$500,000.00
Howard Searcy, Engineer advised that the plat must be filed
before a building permit can be pulled.
ORDINANCE_ Mayor Feeney declared the public hearing open on consideration
±l _L 1978:
� of Ordinance #1, 1978 amending conditional uses in M —lA Light
Industrial District, as duly advertised on January 30, 1978.
City Manager John L. Orr provided the Council with a definition
of a van, as per the direction of the Council. The Council did
not wish to insert this definition in the Ordinance.
Councilman Martino stated he was not in favor of this operation
being conducted in this M —lA Light Industrial area, and was not
in favor of selling any type of van, but using the 11,000 lb.
gross weight limit.
Councilman Martino expressed concern about the memo from the
Fire Department pointing out that the vehicles should not be
parked next to the building, and the illegal type fence that
surrounds the LP gas tanks. Councilman Martino also referenced
1 that the Ordinance specifies that the area be totally surrounded
by a fence.
Vice Mayor Laurie pointed out that this situation hus existed for
Regular Meeting, February 16, 1978
Page 8
a long time, and that the Council has pursued this for as long
as he has been on the Council.
Councilman Wiley felt it was in the best interest of the City to
pass this Ordinance to provide relief to an existing situation.
Mayor Feeney declared the Public Hearing closed.
Motion was made by Councilman Kiedis, seconded by Vice Mayor
Laurie to read Ordinance #1, 1978 by title only, on second
reading. The motion was unanimously passed. The City Clerk read
Ordinance #1, 1978 by title only.
Motion was made by Councilman Kiedis, seconded by Councilman
Wiley to adopt Ordinance #1, 1978. Vote on motion: Mayor
Feeney, Vice Mayor Laurie, Councilman Kiedis and Councilman
Wiley voted aye; Councilman Martino voted nay. Motion carried
by a 4 -1 vote.
ORDINANCE Mayor Feeney declared the Public Hearing open on consideration
2, 1978:
of Ordinance #2, 1978, as duly advertised on January 30, 1978.
There were no comments from the audience.
Mayor Feeney declared the Public Hearing closed.
Motion made by Councilman Wiley, seconded by Councilman Kiedis
that the City Clerk read Ordinance 2, 1978 by title only, on
second reading. Motion was unanimously passed. The City Clerk
read Ordinance 2, 1978 by title only.
Motion was made by Councilman Kiedis, seconded by Councilman
Wiley to adopt Ordinance #2, 1978. Vote on motion: Mayor
Feeney, Vice Mayor Laurie, Councilman Kiedis and Councilman
Wiley voted aye: Councilman Martino voted nay. Motion carried
by a 4 -1 vote.
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Regular Meeting, February 16, 1978 Page 9
ORDINANCE The Public Hearing was declared open by Mayor Feeney on
a
consideration of Ordinance 5, 1978 rezoning a parcel of land
within Section 7 -42 -43 on a petition from the Lake Park Lodge
#2010, Loyal Order of Moose, Inc. This public hearing is
exercised per the Florida Statutes that a public hearing must
be held 30 days prior to the adoption of an ordinance on rezoning.
There were no comments from the audience.
By a unanimous vote of the Council, Ordinance 5, 1978 was read
on first reading, by title only by the City Clerk.
ITEMS FOR DISCUSSION:
JR. COLLEGE At the suggestion of Councilman Kiedis, a resolution will be
NORTH CAMPUS:
prepared concerning the desire of the Council to endorse the
proposal for a north campus of the Junior College in the City.
This action was prompted by an editorial in the Post /Times
against placing the campus in this area.
OPENING ROAD Councilman Kiedis stated he had been approached by residents
TO NORTH PALM
BEACH: of Meridian Park relative to opening the road off Gardens East
Drive that leads to North Palm Beach. At the present time the
school children use this as a short cut to St. Clare's School.
The City Manager will explore this possibility with North
Palm Beach.
UTILIZING Councilman Wiley reported he had a petition, he would place in
TURNPIKE TO
CONNECT TO the information folder, he had received from Bob Paul who is
I -95:
championing a cause to utilize the Turnpike as an extension of
I -95 from here to Ft. Pierce. Discussion will be held by the
Council at a future date.
Mayor Feeney stated he was not in favor of this plan.
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Regular Meeting, February 61, 1978 Page 10
REVISIONS TO Councilman Wiley reported he had amended the resolution urging
SOCIAL SECURITY
SYSTEM: the Congress to implement revisions to the Federal Income Tax
Laws and to the Social Security System for consideration by the
Council at the Workshop Meeting of February 23, 1978.
TIME LIMIT—
Wiley suggested
that the Council
adopt a policy to
FOR AGENDA
ITEM:
limit discussion to
3 minutes
under the agenda
item "Comments
from the Public for
Items
not on the Agenda ".
COUNTY
At the suggestion of
Vice
Mayor Laurie, the
City Manager will
RNTS
PAY FOR SEWER
explore the payment
of sewer
and water line
to unincorporated
AND WATER T
LINES
areas if they decide
to be
annexed into the
City.
Vice Mayor Laurie asked that the Council consider the benefit
of mailing the newsletter to residents in the County,
particularly in Monet Acres.
PARCOUR: Vice Mayor Laurie asked that the City Manager obtain a layout of
the Parcour, planned to be located on the 12 acres across from
the Fire Station.
PETITIONS AND COMMUNICATIONS:
Mayor Feeney acknowledged receipt of communications from:
BILLY 1. Billy Manning, Director of Education, informing that Eugene
MANNING:
Turco has been issued a certificate of registration as a
Combination 1 & 2 Family Dwelling Inspector with the Southern
Building Code Congress International.
BILL AUSTIN: 2. Bill Austin, Carnival Chairman, North Palm Beach /Palm Beach
Gardens Jaycees requesting permission to sponsor a carnival this
year. Vice Mayor Laurie cautioned against undesirable carnival
enterprises being allowed to hold carnivals in the City.
JAMES 3. Mr. James Fleischmann expressing a desire to serve on an
F UTI SCHMANN:
Advisory Board.
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Regular Meeting, February 16, 1978
Page 11
JAMES ADAMS: 4. James Adams, Manager, Oakbrook Square, inviting the Mayor
to attend a luncheon on February 22, 1978 at Ashleys.
REPORTS: Vice Mayor Laurie reported he had attended the Planning and
Zoning Commission Meeting held Tuesday, February 14, 1978,
the meeting on the County Land Use Revisions on Monday, February
13, 1978, the Recreation Advisory Board Meeting and the Woman's
Club Meeting both held on Wednesday, February 15, 1978.
ITEMS BY THE CITY MANAGER:
CETA: At the recommendation of the City Manager, the City Council
by a unanimous motion, authorized the City Manager to sign the
agreement with the County for 5 additional CETA personnel.
OUT OF COURT At the recommendation of the City Manager, a motion was made
SETTLEMENT --
LAW SUIT: by Councilman Kiedis, seconded by Vice Mayor Laurie authorizing
the payment of $5000.04 from the Council Contingency Fund in
settlement of the out of court law suit against the City by a
former Patrolman James O'Connor. Vote on motion: Vice Mayor
Laurie, Councilman Kiedis, Councilman Wiley and Councilman
Martino voted aye; Mayor Feeney voted nay on general principles.
Attorney Brant submitted an official opinion for the record
stating the reaons why the City should consider a settlement.
Councilman Wiley stated it was the intent of the Council that
he asist in amending the letter to the residents living in
the County pocket areas.
Councilman Wiley advised that he would be late or not able to
attend the meeting on February 23, 1978.
ADJOURNMENT: No further business, the meeting adjourned at midnight.
Regular Meeting, February 16, 1978
�Ma Fee
Vice Mayor Laurie
--A6 -/ k 1 ��
Cites C1er
Councilman Kiedis
Councilman Martino
Councilman Wiley
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