Loading...
HomeMy WebLinkAboutMinutes Council 061578REGULAR MEETING CITY OF PALM BEACH GARDENS JUNE 15, 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 North 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. Councilman Aldred was absent. Attorney Brant was in attendance. MINUTES: The Minutes of the Regular Meeting of June 1, 1978 were unanimously approved as amended, by the Council. ANNOUNCEMENTS: Mayor Kiedis announced that the Planning and Zoning Commission would hold a meeting on June 27, 1975 at 7:30 P.M. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA: GORDON Mr. Gordon Hunter, a resident of Plat 4, made a statement for the record that RUMER : he was not against the Council, as had been indicated in the newspaper, nor were any of the residents of Plat 4; that they did not oppose the Winchester Project, per se, but felt there was a communications problem and that they needed to better understand the PUD procedures. Mr. Hunter was advised by the Mayor that the procedures were available from the City Clerk. SAM CARSILLO: Mr. Sam Carsillo, a member of the Beautification and Environmental Committee questioned who was responsible for providing the sprinkler system for the median strip on PGA Blvd., and was advised that both the State and County are responsible for certain portions of the road. Councilman Feeney advised Mr. Carsillo in answer to his inquiry that the Board of Directors of the Palm Beach Gardens Community Hospital had not made a commitment on the installation of a helicopter pad. Mr. Carsillo expressed concern about the injustice that mobile home owners Regular Meeting, June 15, 1978 Page 2 do not pay ad valorem taxes if the mobile home is located on lands owned by others. The City Manager will obtain more information in answer to a Resolution sent to the Legislative Delegation relative to this matter. TOM VREELAND: Mr. Tom Vreeland, a member of the Fire Department presented the Council a sketch of the proposed sites and area needed to locate the old fire station, which they would like to restore and preserve as a museum. The Council unanimously agreed that the Fire Department could go ahead with Plans to relocate the old fire station, and that the details would be worked out at a later date. ALYCE MARSHALL Alyce Marshall presented tennis trophies to the City Council received by the TENNIS City's C and D teams for participation in the Palm Beach County League TEWHIES: tournament, and for winning the traveling cup, which if won for 3 years in a row they will be able to keep. Congratulations were extended by members of the Council to Alyce and the tennis teams. — RESOLUTIONS: Resolution 37, 1978 authorizing the Mayor to execute an Amendment to Lease RESOLUTION 37, Agreement of Plant Drive, by a unanimous vote of the Council, was read in full by the City Clerk and unanimously adopted. Sam Carsillo spoke from the audience asking that the Council pursue the purchase of Plant Drive. RESOLUTION 387 Councilman Feeney reiterated that the reason for Resolution 28, 1978 was that the newspaper had indicated that a Circuit Court Judge who was convicted of a felony would receive a State pension, and this Resolution was protesting this procedure. Resolution 38, 1178 urging the Legislative Delegation to enact a Statute preventing any office holder of the State from retaining vested pension rights if they are convicted of a felony, by a unanimous vote of the Council, was read in full by the City Clerk and unanimously adopted by the Council. ORDINANCES: Mayor Kiedis declared the Public Hearing open on discussion of Ordinance 10, ORDINANCE 10' . 1978 rezoning lands located in Section 5 -42 -43 from A -1 to R -5, as duly Regular Meeting, June 15, 1978 advertised on May 27, 1978. Page 3 Mr. Clair Andersen, agent for H.G.G.S. Associates, addressed the Council stating that Mr. David Hendel, Applicant and Mr. Bert Liljedahl, Manager of the Meadows Mobile Home Park, were in the audience to answer any questions. Mr. Andersen made his presentation offering that the property consisted of 20 acres of land extending west of the existing mobile home park, that water and Package sewer service is available and the existing/Plant on Prosperity Farms Road will be eliminated. The expansion of 142 mobile homes will allow a density of 7.2 units per acre as compared to the existing 7.5 units per acre. Two parking spaces per mobile home will be provided with a pedestrian path in the interior and exterior. An emergency vehicle access has been made to Prosperity Farms Road with a 60' easement, which is included in the purchase of the property. Mr. Andersen stated that a survey had been conducted relative to whether the entrance should be used for emergency vehicles only, or as a general entrance open to the public, with the results that out of 162 responses 158 indicated for emergency vehicles only. The feeling was it would be used for a short cut, which is not what the residents preferred. The Council requested that the Fire Chief view the emergency access for his comments. Councilman Feeney expressed reservations about not having permanent ingress and egress to Prosperity Farms Road. In response Mr. Andersen stateithat there are less cars in this particular type development, therefore, less traffic, but that at any time it is necessary, it could be made a permanent access. He stated Howard Searcy, Engineer, has advised that at the access to the property on PGA Blvd., when a 3 phase traffic control device is installed, there will be a sufficient break in traffic flow to turn east without any difficulty. Mr. Bert Liljidahl addressed the topic of recreational facilities to be provided and proposed that their existing recreation facilities were ample. Regular Meeting, June 15, 1978 Page 4 He stated they provide a clubhouse which can be added to, ample shuffleboard courts and a swimming pool, and commented that these facilities are not used to capacity by the existing residents. Mr. Liljidahl assured the Council if additional recreational facilities were needed for the new residents, they would be provided. Vice Mayor Laurie expressed that he felt additional recreation should still be explored. Mayor Kiedis declared the Public Hearing closed. Councilman Martino complimented the people living in the Meadows Mobile Home Park for their integrity and quality of life style, and the management for their cooperation. The City Clerk, by unanimous vote of the Council, read Ordinance 10, 1978 on second reading by title only. Ordinance 10, 1978 was unanimously adopted by the Council. .� ORDINANCE 11, Mayor Kiedis declared the Public Hearing open on consideration of Ordinance 11, 1978 rezoning lands located in Section 5 -42 -43 from R -5 to R -3C and C -2, as duly advertised on May 27, 1978. Clair Andersen, agent for H.G.G.S. Associates requested that the Public Hearing be recessed for 4 -6 months, at the request of the petitioner, Mr. David Hendel, so that he can pursue a study and make plans for a PUD zoning request. A motion was made by Councilman Martino, seconded by Vice Mayor Laurie to recess the Public Hearing and the second and final reading of Ordinance 11, 1978 until December 7, 1978 at the request of the petitioner. The motion was unanimously adopted. Mr. David Hendel, petitioner, will provide the City with a letter stating that he will do nothing with the property until December 7, 1978. A resident of the County living adjacent to the property in question, spoke from the audience asking about what provigions would be made for a buffering Regular Meeting, June 15, 1978 Page 5 zone between the residential homes to the south, and was advised that situation would be taken care of when the plans came before the Site Plan Review Committee. ORDINANCE 12,t Mayor Kiedis declared the Public Hearing open on consideration of Ordinance 12, -L5�/8 : 1978 creation of "Vision One" a Multiple Family Planned Unit Development within Section 12- 42 -42, as duly advertised on May 31, 1978. Attorney Doug Girvin, made a presentation to the Council on the proposed PUD, in that it will contain 9.78 units per acre and reiterated the changes made to the original plan; that the parking had been moved to accommodate the residents living in the Hickory Drive area, the building moved and relocated as well as some large asphalt areas eliminated, and a tennis court provided for the residents of the project. Ordinance 12, 1978 was amended, after discussion between the Council and Attorney Girvin, on page 4 (10) to add after the words good and marketable "and free and clear of all liens and encumbrances, except for the existing first purchase mortgage money." Mr. Dick Josinoff spoke from the audience asking if the interior road in the project was a private road and was advised that at was. Mr. Roy Watt, a resident of Hickory Drive spoke from the audience expressing concern that the density was too great and the building too close to each other. Councilman Martino in answer to Mr. Watt's concern, stated that the Council was also concerned about the density when the project was first presented, and after many workshops,changes were made by the developer , and by using the Land Use Plan as a guide, the Council and the developer had agreed to the density. Vice Mayor Laurie agreed the developer has a reputation to maintain and will build a quality project. Regular Meeting, June 15, 1978 Page 6 Mayor Kiedis declared the Public Hearing closed. A motion was made by Vice Mayor Laurie, seconded by Councilman Martino and unanimously carried that the City Clerk read Ordinance 12, 1978 by title only, oisecond reading. Ordinance 12, 1978 was read by title only, on second reading and unanimously adopted by the Council, as amended. ORDINANCE 15, A motion was made, seconded and unanimously carried that the City Clerk read TT7U—. T— Ordinance 15, 1978 on first reading by title only, after a short presentation was made by Mr. Robert Slater on the creation of a Planned Unit Development on Tracts #1 -#7, inclusive, Replat G, Plat 4, Winchester Courts. Mr. Slater presented the Council with schemes B & C adding that the density had been reduced from their original presentation of 10 units per acre to 9.2 units per acre, that a road had been made from the parking area to feed onto Military Trail to lessen the number of cars driving within the Plat 4 project. He further stated they have purchased 1.3 acres of land along the lake to accomplish this. Mr. Dick Yosinoff, 11668 Hackberry Street, Plat 4 questioned if it was a PUD requirement to provide shielding and buffering and was advised by the Council that this was a requirement of the Site Plan and Appearance Review Committee and would be handled at that time. Mr. Yosinoff asked to read a statement from the Plat 4 residents and was advised by Mayor Kiedis that this was not a Public Hearing and his comments should be held until a Public Hearing was scheduled. Ordinance 15, 1978 was react by title only with the appropriate blanks filled in on Pages 1 and 3, by the City Clerk, on first reading. Ordinance 15, 1978 will be workshopped at the meeting of July 6, 1978. �-- ORDINANCE 16, The City Manager, John L. Orr, explained that Ordinance 16, 1978 adopting the 1978; Planned Community Development District was a vehicle for developing a large tract of land in excess of 500 acres and would be added to the Palm Beach Regular Meeting, June 15, 1978 Gardens Code at the time of the rewriting of the zoning codes. Page 7 Ordinance 16, 1978 adopting the Planned Community Development District by unanimous vote of the Council was read on first reading by title only by the City Clerk. Ordinance 16, 1978 will be workshopped at the meeting of July 6, 1978, and a Public Hearing and second reading will be held on July 20, 1978. ORDINANCE 137 Ordinance 13, 1978 adopting the Southern Standard Building Code, the Plumbing T979 T- �^ Code, the Mechanical code and the Electrical Code by reference was workshopped by the council. Consideration will be given to the fee structure and if it should be reviewed every other year; a modification made to the solar energy fees; and if when the BuildhA Congress amends the Codes, should the City automatically adopt the amendments. Attorney Brant, Jack Hanson, Building Official and the City manager will review the comments from the Council and amend the ordinance accordingly for further review by the Council. ORDINANCE 14, Ordinance 14, 1978 imposing a moratorium on the issuance of building permits I379-. for construction of buildings in all residential zoning districts was workshopped by the Council. Councilman Martino pointed out that there was not enough R -3 zoning districts in the City to warrant a moratorium and did not feel the ordinance should be based on policy. Councilman Feeney was of the opinion that the Planning and Zoning Commission and the Council in the past had spent considerable time providing a Land Use Plan that calls for 15 units per acre and therefore felt the need for the moratorium. Vice Mayor Laurie also supported the ordinance in that he would not like to see any more developments come in that would exceed 15 units per acre. City Manager John L. Orr commented he had talked to Marvin Hill, Land Regular Meeting, June 15, 1978 Page 8 Planner whose opinion was that 15 units per acre should be maintained since it is the recommended standard under the Land Use Plan. Attorney Brant commented thatihis is an emergency matter, and if there is another two week postponement, each postponement lessens the chances to sustain it and to have the sufficient record documented in order to determine an emergency, if the Council policy wise, adopts it. A motion was made by Councilman Feeney, seconded by Vice Mayor Laurie to table discussion on Ordinance 14, 1978 until July 6, 1978. Vote on motion was unanimous. The Council concurred that the reason for tabling was until a full Council was present. Jack Potrekas, Architect for the Glenbrook Apts. to be located on Lilac Street, adjacent to Plant Drive Park, made a suggestion to the Council to consider the purchase of the 2x acres adjacent to Plant Drive by the City at this point, since two weeks ago a purchase agreement was brought to the Council, and if �..� the four members present at this meeting favor purchasing the property, then he would know the status.at this time. APPRAISALS FOR John L. Orr, City Manager advised the Council that he had not received the PLANI • appraisals from the County for the 2, acre parcel of land adjacent to Plant Drive Park. ITEMS FOR DISCUSSION: PGA PROJECT: At the recommendation of the City Manager, a motion was made, seconded and unanimously passed authorizing the approval to advertise the application for the development approval of the PGA Project, and a letter from the City Manager reflecting this authorization. MODIFICATION TO The City Manager John L. Orr explained his recommendation to modify Ordinance PU -- 9, 1978 the PUD Ordinance, to delete condominiums in Section 16.4 as the City 1„11 cannot over -ride the State Statute and put restrictions on condominiums. He also recommended that the fee schedule in Section 16.6 be reduced and Regular Meeting, June 15, 1978 Page 9 told the Council the recommended fees would adequately cover the administrative costs. �-' The City Attorney was directed to amend Ordinance 9, 1978 to include the recommendations of the City Manager for second reading and a Public Hearing to be held July 20, 1978. PETITIONS AND COMMUNICATIONS: PLANNING AND Mayor Kiedis acknowledged receipt of a communication from the Planning and Zoning Commission recommending the rezoning of a 20.703 acre parcel of land located west of Military Trail, north of PGA Blvd., within Section 1 -42 -42 from R -1 to C -1. REP. TAYLOR: Mayor Kiedis acknowledged receipt of a communication from Rep. Bill Taylor congratulating the City on the receipt of a 701 Grant. City Manager John L. Orr advised that Marvin Hill, Land Planner will go to Tallahassee to determine what can be covered by the grant. REPORTS: Vice Mayor Laurie reported he had attended the Planning and Zoning Commission Meeting held June 13, 1978 and that the minutes were available in the information folder. ITEMS BY THE CITY MANAGER: The City Manager, John L. Orr advised that he had sent letters to the Turnpike Authority re the tie up at the toll booths at peak hours, and to the DDT re the termination of I -95 at Palm Beach Gardens. COMMUNICATIONS The City MaraTr, John L. Orr advised he had received a call from the F.C.C. relative to the City's communication problem and was informed that they could not attend a meeting to discuss the communication problem since they had no money in their budget for traveling expenses. CINNAMON The City Manager, John L. Orr advised that the Cinnamon project proposed T: `-� for the north side of PGA Blvd. in the County was approved by the County for its Site Plan and would appear before the Land Development Board on June 21, 1978. Regular Meeting, June 15, 1978 Page 10 ITEMS BY THE MAYOR AND COUNCIL. MAYOR KIEDIS: Mayor Kiedis asked that the Police check: on and restrict the moped riders at Plant Drive Park. VICE MAYOR Vice Mayor Laurie asked the status of the Heart Parcour and was advised by the City Manager that as soon as the marl was obtained it would be well on the way toward completion. The City Manager advised Vice Mayor Laurie that he will set up a date for a computer tour. At the suggestion of Vice Mayor Laurie and in reference to a letter from the Department of Administration relative to changes in reporting Social Security Taxes, the Council directed the City Attorney to prepare a Resolution opposing the new requirements which they intend to implement. A motion was made by Vice Mayor Laurie, seconded by Councilman Martino authorizing the Mayor to sign the agreement with the Urban League Palm Beach County Sumner Program for High School and college graduate career awareness. Vote on motion: Mayor Kiedis, Vice Mayor Laurie, Councilman Martino voted aye; Councilman Feeney voted nay. Vice Mayor Laurie advised that his wife, Nancy, had been appointed by County Commissioner Peggy Evatt to the Consumer Affairs Hearing Board. ADJOURNMENT: No further business, the meeting adjourned at 11:55 P.M. y/ Mayor Kiedis Councilman Michael Martino CA 1:: �IZ4 -U-/ Vice Mayor Laurie Councilman Dick Feeney Councilman Dick Aldred . . . .... ..... ity Cletk