HomeMy WebLinkAboutMinutes Council 070678REGULAR MEETING
CITY OF PALM BEACH GARDENS
JULY 6, 1978
The Regular Meeting of the City Council of Palm Beach Gardens, Florida was
called to order by Mayor Kiedis at 8:00 P.M. in the Assembly Room, 10500
North Military Trail, Palm Beach Gardens, 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. Attorney
Brant was in attendance.
MINUTES: The Minutes of the Regular Meeting of June 15, 1978 were unanimously approved,
as amended, by the Council.
ANNOUNCEMENTS: Mayor Kiedis made the following announcements:
Planning and Zoning Commission Meeting - Tuesday, July 11, 1978 at 7 :30 PM
Recreation Advisory Board Meeting -- Tuesday, July 11, 1978 at 8:00 P.M.
Volunteer Firemen's Meeting - Tuesday, July 11, 1978
Beautification and Environmental Committee Meeting - Wednesday, July 12, 1978
at 8:00 P.M.
COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA:
STEVE PAGE: Mr. Steve Page, Attorney, representing the Palm Beach Gardens Plat #4 Property
Owners Association, Inc. which has recently been formed, asked to be given
time to speak when the Winchester Courts PUD was discussed to bring to the
attention of the Council items to be considered. Mayor Kiedis advised Mr.
Page at that point in time on the agenda he could make his comments.
RESOLUTIONS: Resolution 39, 1978 reappointing members to the Planning and Zoning Commission
RESOLUTION 39? and inserting the names Charles Jacobs and Louis Oxnevad in Section 1,
.� by a unanimous vote of the Council, was read in full by the City Clerk.
Resolution 39, 1978 was unanimously adopted by the Council.
Regular Meeting, July b, 1978
Page Z
Mayor Kiedis asked that the Council consider the list of members who wish
to serve on Advisory Boards when making other appointments.
'-- ORDINANCES: Mayor Kiedis declared the Public Hearing open on consideration of Ordinance
ORDINANCE 13, 13, 1978 Adopting the Southern Standard Building Code, the Plumbing Code,
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the Mechanical Code and the Electrical Code by reference, as duly advertised
on June 9, 1978.
There were no comments from the audience.
Vice Mayor Laurie commented that he concurred with the reduction in the permit
fee for a solar water heater as it was an energy conservation measure.
Mayor Kiedis declared the Public Hearing closed.
Councilman Feeney asked that a section be included in the Ordinance that the
fee structure be reviewed each year or every two years. The City Attorney
recommended that the item be scheduled for review as an Administrative
function, and the Council agreed.
A motion was made, seconded and unanimously carried that the City Clerk read
Ordinance 13, 1978 by title only, on second reading.
Ordinance 13, 1978 was read by the City Clerk by title only, on second reading
and by a unanimous vote was adopted 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, which was
tabled at the Regular Meeting held June 15, 1978, was discussed by the Council.
Councilman Feeney and Mice Mayor Laurie supported the Ordinance which would
permit the Council time to make a detailed study and conduct public hearings
on the recommendations of the Planning and Zoning Commission pertaining to
the density of living units in all residential zoning districts.
Mayor Kiedis, Councilman Martino and Councilman Aldred could see no basis
for an emergency ordinance, that the Council was in the process of reviewing
the code, and that there was not enough R -3 zoning in the City to warrant
a moratorium.
Regular Meeting, July 6, 1978
Page 3
A motion was made by Vice Mayor Laurie, seconded by Councilman Feeney to read
Ordinance 14, 1978 in full on second and final reading on an emergency basis.
Vote on motion: Mayor Kiedis, Vice Mayor Laurie, Councilman Feeney and
Councilman Aldred vote aye; Councilman Martino voted nay.
Ordinance 14, 1978 was read in full on second and final reading on an emergency
basis by the City Clerk.
Motion was made by Vice Mayor Laurie, seconded by Councilman Feeney to adopt
Ordinance 14, 1978 as read.
In response to Councilman Martino's questions, Attorney Brant advised that four
affirmative votes were necessary to adopt this ordinance, and also remarked that
since 40 days had elapsed since first reading of the ordinance, it would be
extremely difficult to sustain it in court as being read and adopted on an
emergency basis.
Vote on motion to adopt: Vice Mayor Laurie and Councilman Feeney voted aye;
Mayor Kiedis, Councilman Martino and Councilman Aldred voted nay. Motion
was defeated by 3 nays and 2 ayes.
The Council agreed with the remark made by Vice Mayor Laurie that some good
had come out of the discussions in that it brought to fore the fact that
15 units per acre is the maximum in the high density residential category that
the Council will consider.
ORDINANCE 17, Ordinance 17, 1978, the 1977 -78 Budget Revision, by a unanimous vote of the
Council, was read by title only, on first reading by the City Clerk. A
Public hearing and second reading will be held at the Regular Meeting on July
20, I978, and a Special Workshop Meeting will be held on July 13, 1978 for
discussion on the proposed ordinance.
ORDINANCE 18, Ordinance 18, 1978 amending sub - section 16.4 and 16.6 of Section 16, Planned
19'78
Unit Development, Article VII, Zoning and repealing Section 8 of Article VIII
of Appendix A, Zoning, by unanimous vote of the Council, was read on first read-
inch, by title only, by the City Clerk.
Section 2. a. was amended to clarify the fee structure.
Regular Meeting, July 6, 1978 Page 4
Ordinance 18, 1978 will be considered on second reading with a Public Hearing
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at the Regular Meeting of July 20, 1978.
ORDINANCE 15, Ordinance 15, 1978 Creation of a Planned Unit Development - Tracts #1 -7,
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inclusive, Replat #1, Plat #4, Winchester Courts PUD was workshopped by the
Council.
Mr. Robert Slater, Architect, reiterated the changes they had made to the
proposed development by purchasing additional property along the lake to
enlarge the project from 14 acres to 15.3; reducing the density from 10 units
per acre to 9.15 units; designed a new road whereby 50 °0 of the units exit out
on Military Trail; the setback on Hazel Street moved back to 25' on the
residential side, with a 25'- 30' distance between buildings; and providing
2 parking spaces per unit with an additional 14 spaces for the parking of
boats and recreational vehicles.
Mr. Walter Longman, Project Manager of the Winchester Development, further
explained the construction phases, and stated that all construction vehicles
will use the new entrance to avoid that traffic going through Plat 4, turf
block will be used on the parking areas to eliminate asphalt, the dumpster
area will be fenced with the gates facing toward the Townhouses.
Mayor Kiedis questioned the safety factor along the lake, and Mr. Slater will
consider using a low chain link fence along the water for safety purposes,
but explained that the path will be 10 away from the water and should be
avoided by bicycle riders.
Councilman Martino suggested that the air conditioning compressors be moved
to alleviate the noise disturbing the neighbors, and Mr. Slater will consider
placing them in the courtyard area.
Councilman Martino objected to the parking area to be used specifically for
the parking of boats and recreational vehicles. Councilman Aldred also
expressed this concern.
Councilman Martino suggested the removal of an ingress and egress road to
Hazel St. and the removal or relocation of a building to provide an access
road to lead directly to Military Trail, thus elimineL ing any additional
Regular Meeting, July 6, 1978 Page 5
traffic through Plat 4.
Vice Mayor Laurie felt there was a lack of recreational facilities in the
Plat 4 area, and suggested that Mr. Longman donate 12 acres to the City to
provide a recreational area for the residents of the project as well as for
the single family residents in Plat 4.
Councilman Feeney felt that Vice Mayor Laurie's suggestion deserved some
consideration, and suggested reducing the density.
Mr. Steve Page, Attorney, representing the newly formed Palm Beach Gardens
Plat 4 Property Owners Association, Inc. stated the Association was formed to
protect the interests and rights of the single family homeowners in Plat 4, and
they were concerned about Winchester Courts and about the orderly development
of Palm Beach Gardens.
Mr. Page listed the following areas for the Council to consider prior to the
Public Hearing concerning the Winchester Courts PUD: 1. Density of the
development should be reduced to 8 units per acre. 2. There should be a
11—� service road established so there is no access to Banyan, Fiscus or Hazel
Streets in Plat 4 and that the only direct access to the development of
Winchester Courts would be off Military Trail. 3. The parking lots should be
reversed so they are not adjacent to single family home areas. 4. Shrubs and
landscaping should be installed on the entire length of Fiscus and Hazel.
5. Garbage dumpsters relocated so they are not directly across from the
single family homes. 6. Fenced and gated recreational vehicle and boat
parking area totally uncalled for. 7. Announcement of this development
has been a detriment to the selling of homes across the street. 8. Strongly
endorse the recreational area proposed by Vice Mayor Laurie. Requested that
the Council require developers to provide such areas, either by donating 10,10' of
the land area or by a donation of money.
Mayor Kiedis reviewed the items where measures had been taken by the developer
in that regard.
Councilman Martino expressed great disappointment that Plat 4 needed an attorney
/ Regular Meeting, July 6, 1978 Page 6 \
to represent a fictionalized segment of the City, and in answer to his questions,
Mr. Page stated that the Association was a defacto, not for profit corporation,
and the articles and bylaws had been drafted and were in the process of being
filed with the Secretary of State, that it was a dues paying organization,
consisting of 75 homeowners (a list of members will be complete by the Public
Hearing), and the officers were President -Dick Yosinoff, Vice President- Gordon
Hunter, Secretary -- Steve Page and Treasurer -Becky Srinivasan.
Mr. Gordon Hunter, a resident of Plat 4 addressed the Council defending the
stated
right to form an association and /that their purpose was to cooperate with the
Council, and that it was not particularly formed to oppose this Winchester PUD.
Vice Mayor Laurie also was disturbed by the formation of a Property Owners
Association and informed the audience that the Council has the best interest
of the total City in all their deliberations.
Councilman Martino asked that the PBG Plat 4 Property Owners Association, Inc.
and Winchester Courts both provide a traffic study by the Public Hearing.
Consideration of Ordinance 15, 1978 will be given at the Regular Meeting on
July 20, 1978.
GOLD COAST Ms. Yvonne E. Moore, Broker, Gold Coast Investment addressed the Council
INVESTMENT: requesting permission to put a temporary office structure on a parcel of land
located on U.S. 1 at Bomar Drive. She stated that the property has been
leased to her, and hopefully will be offered for sale at a future date. The
proposed structure is a 24 x 60 mobile type structure designed as a mobile
office building which will be blocked and landscaped according to the PBG Code,
with 7 -10 parking spaces provided.
City manager, John L. Orr advocated against an ingress and egress off U.S. 1
into the deceleration lane, and that ingress could be made into Bomar Drive.
Mr. Orr also advised that water and sewer were not available to the property
and that septic tanks were not allowed in the City.
Councilman Feeney stated he would not vote for any mobile structure to be
Regular Meeting, July 6, 1978 Page 7
located on U.S. 1.
Vice Mayor Laurie asked for a picture of the structure.
Ms. Moore will return when she has determined if water and sewer can be made
available.
ORDINANCE 16, Ordinance 16, 1978 adopting the Planned Community Development District
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will be read on second reading at a Public Hearing to be held July 20, 1978.
A few minor changes in editing were made by Vice Mayor Laurie.
ITEMS FOR DISCUSSION:
APPRAISAL- At the recommendation of the City Manager, a motion was made, seconded and
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unanimously carried, authorizing the City Manager to obtain an appraisal
from another source on the 2z acre parcel adjacent to Plant Drive Park.
FIRE STATION The Council concurred that as an item on the agenda for the Special Workshop
Meeting, discussion be held on the proposed site for the location of the
old fire station that the Fire Department is renovating and preserving as
a museum. The Council's priority lists will also be an item on the agenda.
PETITIONS AND COMMUNICATIONS:
Mayor Kiedis acknowledged receipt of communications from:
1. County Commissioner Evatt asking if the City wished to continue the
quarterly meetings with North County Municipal Officials. It was the
consensus of the Council they would like the meetings continued and if
that was not possible to ask for any information that she and her staff
have available.
2. Peg Schneider thanking the Council for the contribution to the
Cheerleaders to purchase t- shirts to wear when they participate in
competition in Dallas, Texas.
3. Don Childers,Senator advising that the City will be the recipient of
$10,296.00 in Federal Grant money.
ITEMS BY THE CITY MANAGER:
PLANT DRIVE At the recommendation of the City Manager John L. Orr a motion was made,
se conded and unanimously carried authorizing the Mayor and City Clerk
Regular Meeting, July 6, 1978
Page 8 \
to sign the one year lease extension agreement from Royal American Industries
for Plant Drive Park.
INDEMNITY AND The Council concurred to the rec ommendation of the City Manager that the
HULU HAM=
A=1v1LN1: Utility Company sign an agreement to indemnify the City against potential
law suits since the City does not have a franchise agreement. The Council
reviewed an indemnity and hold harmless agreement prepared by the City Attorney.
HEART The Council reviewed a document prepared by the City Attorney entitled "Receipt
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and Acknowledgement" from the Heart Association of various station materials
to be located along the Heart Parcour to be located on the 12.88 acres belonging
to the City across from the Fire Station on the south side of Burns Road.
By a unanimous motion, the Mayor and City Clerk were authorized to execute
the document.
DRAINAGE -- The City Manager, John L. Orr referenced a letter from Howard Searcy, Engineer,
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regarding the proposed drainage system serving PGA Boulevard and Vicinity,
East of State Road AIA, and requesting that the coral within the City be
accepted for maintenance and operation upon its completion. The Council
concurred to this request and the City Manager will so notify Mr. Searcy
and Palm Beach County.
PERRY CABLE The City Manager, John L. Orr referenced a letter from Perry Cable T.V.
regarding permission to increase rates without prior Council approval, which
will be placed on the agenda of the August 3rd. meeting.
REPORTS: Vice Mayor Laurie reported he had attended the Planning and Zoning Commission
Meeting held June 27, 1978, the minutes are available in the information
file.
ITEMS BY MAYOR AND COUNCIL:
VICE MAYOR Vice Mayor Laurie advised of street lights that were out at Hickory Drive and
AUURIE:
PGA Blvd., Larch and Military Trail and Magnolia Court and Magnolia Avenue.
At the recomm endation of Vice Mayor Laurie, the City Manager will contact
Mr. Cargill, Bankers Life and Casualty Company relative to their Long Range Plan
L�
Regular Meeting, July 6, 1978 Page 9
as it relates to the City's Long Range Plan.
Vice Mayor Laurie made reference to a memo from Steve Henning, Recreation
Director relative to the number of pine trees that need replacing at the
tennis court area, which will be referred to the Public Works Department.
ADJOURNMENT: No further business, the meeting adjourned at 11:55 P.M.
Clerk
Mayor Kiedis
Vice Mayor Laurie
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Councilman Martino
Councilman Feeney
Councilman Aldred