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
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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
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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,
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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
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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
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�^ 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
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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
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`-� 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
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