HomeMy WebLinkAboutMinutes Council 040678RECULAR MEETING
CITY OF PALM BEACH GARDENS
APRIL 6, 1978
The Regular Meeting of the City Council of Palm Beach Gardens
was called to order by Mayor Kiedis at 8:00 P.M. in the
Assembly Room, 10500 N. Military Trail, Palm Beach Gardens,
Florida, and opened with the Pledge of Allegiance to the Flag.
ROLL CALL: Roll was called by the City Clerk and present were: Mayor
Kiedis, Vice Mayor Laurie, Councilman Feeney, Councilman Martino
and Councilman Aldred.
MINUTES: The Minutes of the Workshop Meeting of March 23, 1978, as amended
were unanimously adopted by the Council.
ANNOUNCEMENTS:Mayor Kiedis made the following announcements:
Merit System Board Meeting - Monday, April 10, 1978 at 7:00 PM
Tri -City Meeting - Monday, April 10, 1978 at 7:30 PM at the
Lake Park Town Hall.
Planning and Zoning Commission Meeting - Tuesday, April 11, 1978
at 7:30 PM
Recreation Advisory Board Meeting - Tuesday, April 11, 1978 at
8:00 PM
Volunteer Firemen's Meeting - Tuesday, April 11, 1978 at 7:30 PM
Beautification and Environmental Committee Meeting - Wednesday,
April. 12, 1978 at 7 :30 PM
COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA:
PLAT #4: Mr. Sirnibasan, representing the people who live in Plat 4,
addressed the Council, requesting that the proposed Winchester
Courts Multiple Family PUD, proposed to be located on Tracts
1 -7, Plat 4, not be permitted, and that those lands be rezoned
to single family residential classification. He further stated
they were concerned about the increased traffic on the one exit,
the added burden for the Police and Fire Departments, and the
impact to the already crowded school system.
Regular Meeting,, April 6, 1978 Page 2
Mr. George Arnold and Mr. Gordon Hunter, also members of the
VARIANCE TO
delegation that were present from Plat 4, expressed concern
about the incompatibility and encroachment on the residents,
and Mr. Arnold questioned the proper recording of the re -plat.
The City Attorney related the background leading to the rezoning
of Plat 4, and stated that the lands were rezoned prior to
the sale of any lots.
The Council concurred that they were not prepared to answer
the questions relative to this request, and asked that a
spokesman from Plat 4 meet with the City Manager and the Mayor
to discuss their concerns.
Mayor Kiedis declared the Public Hearing open on consideration
CODE- REgUEST
FROM _ALBERT'S of a request for a variance to Section 3 -30, Article IT of
PIZZA
Chapter 3 of the Palm Beach Gardens Code to permit Albert's
�- Pizza to sell malt and wine beverages for consumption on the
premises, as duly advertised on March 15, 1978.
There were no comments from members of the audience.
Vice Mayor Laurie stated that the Code has been changed with
this topic in mind and no one had objected, and it appeared
to be a way to alleviate the problems and paperwork that small
businesses have to defy.
By a unanimous vote of the Council, a variance to the 750'
requirement between vendors was granted, and approval given to
Albert's Pizza, 9772 Gardens East Drive, allowing him to sell
malt and wine beverages for consumption on the premises.
RESOLUTIONS: Resolution 24, 1978 granting an exception to the requirements
RESOLUTION of Section 3 -30 of Article II of Chapter 3 of the Palm Beach
24,_1978 :
Gardens Code was read in full by the City Clerk and unanimously
adopted by the Council.
Regular Meeting, April 6, 1978 Page 3
RESOLUTION Resolution 20, 1978 an agreement with the Tennis Pro for the
20 „j„ 1978:
operation of the Tennis Pro Shop was read in full by the City
Clerk and unanimously adopted by the City Council.
RESOLUTION Resolution 21, 1978 providing that certain disabled persons are
21, 1978 _
entitled to certificates and identification cards for parking
privileges was read in full by the City Clerk and unanimously
adopted by the Council, as amended.
RESOLUTION Resolution 22, 1978 allowing the Florida Aircraft Federal Credit
22,1978:
_ , , , , , , ._.__
Union to install a mobile home on the RCA property now leased
by Pratt and Whitney was read in full by the City Clerk, as
amended. A motion was made by Vice Mayor Laurie, seconded by
Councilman Martino to adopt Resolution 22, 1978. Vote on motion:
Mayor Kiedis, Vice Mayor Laurie, Councilman Martino and Councilman
Aldred votedaye; Councilman Feeney voted nay. Resolution 22,
1978 was adopted by a vote of 4 -1.
Vice Mayor Laurie, prior to voting on the resolution, stated he
was an employee of Pratt and Whitney but in his opinion there
was not a conflict of interest.
RESOLUTION Resolution 23, 1978 requesting the State of Florida Department
23__1978__
of Natural Resources to acquire Peanut Island as a State Park
was read in full by the City Clerk and unanimously adopted by
the Council.
ORDINANCES: Mayor Kiedis declared the Public Hearing open on consideration
ORDINANCE of Ordinance 5, 1978 rezoning of 1�an -ds within Section 7 -42 -43
5_ 1978:
on a request from the Moose Lodge, as duly advertised on
March 1, 1978.
Attorney Alan J. Ciklin, representing the Loyal Order of Moose,
Inc. addressed the Council relative to their request to rezone
the land within Section 7- 42 -43, from A -1 Agricultural and
Regular Meeting, April 6, 1978
Page 4
Interim District to R -3C, Medium Density Residential District,
to allow the Lake Park Moose Lodge, under a conditional use, if
`-' granted by the Planning and Zoning Commission, to construct a
new facility at that location, which is a 5 acre tract, located
on the south side of RCA Blvd, west of Alt AlA and east of the
property proposed for the Amara Temple.
Attorney Ciklin presented the Council with a Traffic Impact
Analysis prepared by Urban Design Studio, based upon the traffic
at the existing facility in Lake Park, and showing the events
occurri ngat that Lodge with attendance and number of vehicles.
He related that the traffic generated would have no impact to
the area.
Attorney Ciklin stated that 140 parking spaces would be
provided for approximately 200 active members, with the events
occurringgenerally on Friday, Saturday and Sunday. The Site
Plan shown by Attorney Ciklin indicated a 60' existing right -of-
way with an additional 10' to be dedicated by the Lodge; the
building to set back 350' from RCA Blvd. leaving a buffer and
screen area of approximately 310'. The traffic flow will enter
one way and proceed to the rear to the parking spaces. The
140 spaces exceeds the parking requirments by 30 spaces.
The analysis indicated that the Area Planning Board and the
Thoroughfare Plan denote no plans at the present time for
expansion of RCA Blvd.
In answer to a question posed by Councilman Feeney, Attorney
Ciklin offered that the Moose Lodge does pay taxes, and they
have a Club license to sell alcoholic beverages to members only
within the club. The hours indicated are Monday- Friday - noon
to l AM; Saturday - 10 AM - 2 AM; Sunday - S AM - 10 PM,
Jack Davis, a member of the Moose Lodge mentioned that the
Regular Meeting, April 6, 1978 Page 5
money from the Lodge goes to Moose Heart for the children, and
Moose Haven for the elderly, and that their current members are
1-1 active in sports in the community, and that they sponsor soft-
ball leagues, little leagues, bowling leagues, etc.
Mr. Bob Hogabaum, a resident of Monet Ridge in the County, spoke
from the audience opposing the rezoning in that it violates the
proposed Land Use Plan; a drinking establishment does not belong
in a residential neighborhood; the rezoning will be used as
leverage for undesireable zoning; the nearby property will be
devalued; RCA Blvd. is the only access road to his home and
that area; and there are no bicycle paths or sidewalks for the
children to go to the YMCA facility.
Mr. Reilly, Monet Ridge resident, also stated he had objected
to the proposed Shrine Temple, and objected to the proposed
Moose Lodge at that location, for the same reasons outlined by
Mr. Hogabaum.
Councilman martino was concerned about the children traveling
to the YMCA; and suggested changing the hours mentioned to
sell alcoholic beverages. He agreed there would be less traffic
input to the area than generated by multiple family and the
density would be reduced. He commented that the members of the
Moose do participate in the community and have exhibited they
are interested in the youth. He stated that the Council requester
of the Moose Lodge, through its Governor and its Attorney Mr.
Alan Ciklin, and it was mutually agreed by the City Council and
the aforementioned parties, that a 5 foot bike path would be put
in and paid for by the Moose Lodge prior to the final CO for
that project, along the residential County properties that are
commonly known as Monet Acres and Monet Oaks, up to, in front of,
and including the YMCA.
Regular Meeting, April 6, 1978
Page 6
Vice Mayor Laurie agreed with Councilman Martino's concern for
1--' a sidewalk to the YMCA, and the restriction of the hours to
sell alcoholic beverages. He felt that the 1200' buffer of R -3C
should be met and not widened; expressed concern that the
single family residential character of the City is changing,
and the existance of the YMCA strengthens the recreational
needs for residential zoning. He indicated that a similar
situation had occurred with the Rchlein Corp., when a parcel
of land was rezoned to multi family residential with another
use in mind: a situtation that did not work out; referenced
that the Planning and Zoning Commission had denied the request;
that the area would possibly be in the City in the future as a
single family area; and that they had not provided a map as
the Council had requested previously.
Councilman Feeney stated he would like to see a bicycle path to
the YMCA, but could see no problem rezoning the 5 acres, that it
was a natural continuation of the Amara Temple and that multiple
family creates more traffic. He asked that the Sunday hours be
changed.
Councilman Aldred stated his Father was a past Governor of the
Moose, he had been to Moose Haven, and had played on Little
League championship teams sponsored by the Moose, and that he
has been impressed by their community involvement, particularily
as it related to children. He was opposed to the sale of
alcoholic beverages before one on Sunday.
Regular Meeting, April b, 1978
Page 7
Mayor Kiedis agreed that sidewalks should be provided on the
north side of RCA Blvd. and concurred that the impact of
traffic would have no effect on the residents in that area.
Jack Davis advised that the prime purpose for opening the Lodge
on Sunday morning was for breakfast, but agreed that they would
consider changing the hours for selling alcoholic beverages.
Attorney Brant stated that the current general law for legally
selling alcoholic beverages in the City is from 9 :00 A.M. -
5:00 A.M. seven days a week.
Mayor Kiedis declared the public Hearing closed.
A motion was made by Councilman martino, seconded by Councilman
Feeney that the City Clerk read Ordinance 5, 1978, rezoning a
I'-- parcel of land located within Section 7- 42-4+3from A -1
Agricultural and Interim District to R -3C, Medium Density
Residential District on second reading bytitle only. Vote
on motion: Mayor Kiedis, Councilman Martino, Councilman Feeney
and Councilman Aldred voted aye; Vice Mayor Laurie voted
Regular Meeting, April 5, 1978 Page8
nay.
Ordinance 5, 1978 was read by the City Clerk on second reading
v by title only.
A motion to adopt Ordinance 5, 1978 was made by Councilman Feeney,
seconded by Councilman Martino. Vote on motion: Mayor Kiedis,
Councilman Martino, Councilman Feeney and Councilman Aldred
voted aye; Vice Mayor Laurie voted nay. Motion carried by a
vote of 4 -1.
ORDINANCE Ordinance 9, 1978 adopting a new PUD Planned Unit Development
1978:
Section of the Palm Beach Gardens Code was read by the City
Clerk, on first reading, by title only, by a unanimous vote
of the Council.
Ordinance 9, 1978 will be workshopped at the meeting of April
13, 1978 and a Public Hearing and second reading will be held
at the Regular Meeting on April 20, 1978.
SANDTREE_ Mr. R. G. Harris, was present at the meeting to finalize the
PUD���
+ review of the plans for the Sandtree Commercial Recreational/
Multiple Family PUD to be located within Section 19 -42 -43 on
the south side of Northlake Blvd. east of 1 -95.
Mr. Harris stated he had not received the cost of asphalt vs
concrete for the parking lots, but would provide concrete if
the cost was within reason. The Council concurred that they
preferred concrete, but asphalt was satisfactory.
Mr. Harris further noted and presented a drawing showing the
revised location of the buildings (which by altering has provided
a greater distance between buildings), with the addition of one
building, that previously had been removed at the request of
the Council, for a density of 9.0. The recreation area for the
use of the residents was reduced slightly and the tennis courts
were left in.
Regular Meeting, April 6, 1978
Page 9
Mr. Harris advised he was eliminating the use of railroad ties,
and would construct concrete curbs in their place.
The garbage and trash containers will be approved by the Site
Plan and Review Committee.
The City Mwnager, John L. Orr, added that the homeowners
document is on file with the City Attorney, and the concrete
sidewalks will be constructed in the common area.
Mr. Harris said he will donate $30,000, in lieu of additional
playgrounds, to the General Fund of the City, to be used for
recreational purposes for all the citizens of the City.
The Council agreed to the proposals offered by Mr. Harris, and
instructed the City Attorney to prepare an Ordinance for the
Council's consideration in the near future.
PLACEMENT OF At the recommendation of the Recreation Advisory Board, the
� SCOREBOARDS'
Council approved, by a unanimous motion, the location and
placement of an electrical scoreboard facing the major field on
the 10 acre parcel, donated by the Pepsi -Cola Company, with
funding for wiring and hook-up a joint venture between the City
and the FBGYAA in the amount of $290.00 each, monies to come
from the Recreation Account #14 -229.
SHELL ROCK Mayor Kiedis suggested a shell rock walkway be provided from the
WALKWAY —�
west end of the field to the east end, with a possible asphalt
overlay. The Council concurred, and the City Manager will check
on cost.
PURCHASE OF Mayor Kiedis suggested moving a set of bleachers from the tennis
ADDITIONAL
BLEACHERS: court area to the softball fields on the 9z acre site,
temporarily, until more bleachers can be purchased. The Council
concurred.
A motion was made, seconded and unanimously carried authorizing
Z--
Regular Meeting, April 6, 1978 Page 10
the purchase of 2 sets of bleachers at a cost of $944.00 plus
freight, monies to be taken from the Federal Revenue Sharing
Account.
Councilman Martino, commented how pleased he was with the
appearance of the ball fields, and complimented the Public
Works Director Leonard Devine and his staff, and the City
Manager for a job well done. The Council concurred with his
comments.
PETITIONS AND COMMUNICATIONS:
Mayor Kiedis acknowledged receipt of communications from:
SKIP BAFALIS: 1. Congressman Skip Bafalis acknowledging receipt of the
resolution relative to the Social Security Financing Act.
W.J.BROGDON: 2. W.J. Brogdon, Jr., Capt. United States Coast Guard relative
to the proposed regulation of the PGA Blvd. bridge.
.. A T. WHITE: 3. A. Thomas White, Director, Department of Human Resources
relative to the need for the development of a North County
Senior Citizens Facility.
C.L.HOLSTEINt 4. C. L. Holstein, Chief, Old Dixie Fire Control Tax District
to all residents of Monet Acres /Oaks re annexation.
P &Z COMMISSION5. Planning and Zoning Commission recommendation re creation
of "Vision One" multiple family PUD.
P &Z 6. Planning and Zoning Commission recommendation re the repeal
COMMISSION:
of the comprehensive and conditional PUD sections and the
creation of a new PUD Section.
DOUGLAS — 7. Attorney Douglas Girvin, requesting the Vision One PUD
GIRVIN:
project be placed on the Council's agenda on April 13, 1978.
`� WALTER WILEY: 8. Walter H. Wiley letter of congratulations to Mayor Kiedis
and a thank you for the plaque that was presented to him by the
Council.
Regular Meeting, April 6, 1978 Page 11
JOHN SIDOR: 9. John Sidor, Jr. Director, Department of Community Affairs
re application for 701 Planning Assistance.
" GARY KRIELOW: 10. Gary Krielow offering to serve on one of the Advisory Boards.
HARRIET SPICERII. Harriet W. Spicer, requesting a sign be placed on Military
Trail where the ducks cross back and forth.
TED CLIMER: 12. Ted H, Climer relative to the release of the remainder of
the Jots in Plat 4.
CHAMBER 13. Chamber Chatter Newspaper referencing an article that an
CHATTER
NEWSPAPER: architect had revealed plans for the future Palm Beach Junior
College to be located in the City. Mayor Kiedis expressed
displeasure that the City had not been made aware of these
proposed plans.
Mayor Kiedis also pointed out in this same newspaper, an ad for
the shops located in Oakbrook Square advertising their location
as North Palm Beach.
G. JAMES 14. G. James Adams, Manager, Oakbrook Square Association,
ADAMS:
regarding security and police coverage in that area.
REPORTS_ Vice Mayor Laurie reported he had attended the meeting of the
North County Municipal Officials on April 3, 1978, and the
Planning and Zoning Commission Meeting on March 27, 1978.
Mayor Kiedis reported he had attended the High School Advisory
Board Meeting.
ITEMS BY THE CITY MANAGER:
STREET_ City manager John L. Orr advised of a pre - construction meeting
MARKING MEETING:
Y relative to street marking to be held on April 18, 1978 in
Riviera Beach.
TRAFFIC LIGHT At the recommendation of the City Manager, a motion was made,
�RTTPTVC V0 Ail •
Regular Meeting, april 6, 1978
Page 12
seconded and unanimously carried authorizing the payment of the
City's portion of the cost of the Traffic Signal installation at
1-- Alt. AlA and Burns Road in the amount of $5,956.20, monies to
be taken from th.e special account set aside for this purpose.
The City Manager, John L. Orr, referenced the letter from the
Department of Community Affairs that Palm Beach Gardens has been
selected to submit a final application for matching funds for
701 planning assistance by April 29, 1978, and suggested that
a representative of the City present the application in person
at Tallahassee. Councilman Martino offered to meet with the
members of that Department mentioned in the letter,on April
19, 1978, when he will be in Tallahassee on other business.
By a unanimous vote of the Council, authorization was given to
the City Manager to submit a final application for 701 planning
assistance, and to pursue the assistance of Marvin Hill, Land
Planner, in preparing the application.
ITEMS BY MAYOR AND COUNCIL:
COUNCILMAN _ The City Manager advised Councilman Martino, in answer to his
MARTINO:
question, that a test patch had been provided by the contractor
who was awarded the bid to clean, caulk and paint the City
Hall complex and work would be started on Saturday, April 8,
1978.
Councilman Martino made reference to the mention in the Fire
Department Report of the leak in the Fire Station, which the
City manager advised he is pursuing.
COUNCILMAN Councilman Feeney reported that Holly Drive median need; to be
FEENEY:
trimmed.
ADJOURNMENT: No further business, the meeting adjourned at 11:30 P.M.
Regular Meeting, April 6, 1978
Mayor Kiedis
Vice Mayor Laurie
E-W-
City erk �
Page 13
Councilman Martino
0 UnE i
Councilman Aldred