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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