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HomeMy WebLinkAboutMinutes Council 110278CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS NOUFPIBER 2, 1978 The Regular Meeting of the City Council of Palm Beach Gardens was called to order by Mayor John 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: The roll was called by the City Clerk and present were: Mayor Kiedis, (lice Mayor Laurie, Councilmen Martino and Councilman Aldred. Councilman Feeney was not in attendance. Attorney William Brant and City Manager John Orr were also in attendance. PROCLAMATIONS: Mayor Kiedis read a Proclamation declaring November 6th through 11th, 1978, as "Marine Corps Week ". Gunnery Sergeant Roughton of the U. S. Marine Corps was present to accept the Proclamation. MINUTES: The minutes of the Workshop Meeting of October 26, 1978, were unanimously approved, as written. ANNOUNCEMENTS: P9ayor Kiedis made the following announcements: There will be a North County Mayors' Meeting held at the North County Courthouse on November 6, 1978, at 7:30 P.M.. The General Election will take place on November 7, 1978. A meeting of the Recreation Advisory Board will take place on November 7, 1978 at 7 :30 P.M.. A Merit System Board Meeting will convene at 7:00 P.M. on November 7, 1978. There will be a Beautification and Environmental Committee Meeting on November 8, 1978, at 7 :30 P.M.. The Miss Palm Beach Gardens Beauty Pageant will take place at the Palm Beach Gardens Auditorium at 7:00 P.M. on November 8, 1978. PRESENTATION In appreciation of retiring City Clerk Alice Jean Kerslake's over ten years TD -A'r- JEAN of dedicated service to the City, Messrs. Walter Wiley, Robert Diamond, RE-- TTRTFG=Y George Bonner, George Blanck, James DeLonga, and Michael Martino, past Mayors of the City, and John Kiedis past /present Mayor, presented her a ,� gold necklace; and on behalf of the City, Mayor Kiedis presented her a gold necklace with a gold key charm to signify the key to the City, and City Manager John Orr presented her a plaque. City Council Regular Meeting, 11/2/78 Page 2 Mrs. Kerslake was also appointed Honorary Mayor of the City of Palm Beach Gardens, the second in its history. A five- minute recess was held to congratulate Mrs. Kerslake on her retirement and upcoming marriage. RESOLUTION 58, Resolution 58, 1978, granting permission for the placement of a mobile T77Ff— home in the parking lot of the Meadows Mobile Home Park for a period of six months, was read in full by the Deputy City Clerk by a unanimous vote of the Council. Resolution 58, 1978, was unanimously adopted by the Council. RESOLUTION 59, Resolution 59, 1978, appointing members to the City's Beautification and 1915 Environmental Committee and inserting the names Ms. Mary Valentine and Mr. Ronald Katz in Sections 1 and 2, respectively, was read in full by the Deputy City Clerk by a unanimous vote of the Council. Resolution 59, 1978, was unanimously adopted by the Council. ORDINANCE 26, Mayor Kiedis reconvened the Public Hearing on consideration of Ordinance 7777 26, 1978, and Ordinance 27, 1978, rezoning 12.27 acres on the southwest ORDINANCE 27, and 17.38 acres on the southeast corners of Alamanda Drive and Burns Road I_z77— within Section 8, Township 42 South, Range 43 East, from A -1, Agricultural, and Interim District to R -1, Single Family Residential District, respec- tively, as duly advertised October 2, 1978, and recessed from the Regular Meeting of October 19, 1978. Pursuant to the discussion at the Workshop Meeting of October 26, 1978, regarding the method of water retention for the projects, City Manager John Orr reported that City Engineer Howard Searcy is in agreement with the dry retention area concept; and contingent upon the accuracy of the calculations that accompanied the drainage plans presented by the developer, P.G.F. Enterprises, Inc., they will meet the criteria of the South Florida Water Management District. The plans together with calculations verified by the City Engineer will be a part of the application for subdivision approval by the developer and implemented at the time of platting. Mr. Steve Brock of P.G.F. Enterprises, Inc. reiterated their agreement to give the City a cash donation of $67,000 for recreational purposes plus a minimum of 10 trees in each dry water retention area and $1,000 worth of playground equipment for each retention area. Mayor Kiedis declared the Public Hearing closed. City Council Regular Meeting, 11/2/78 Page 3 Ordinance 26, 1978, was read by title only on second reading by the Deputy City Clerk by a unanimous vote of the Council. Ordinance 26, w 1978, was unanimously adopted by the Council. Ordinance 27, 1978, was read by title only on second reading by the Deputy City Clerk by a unanimous vote of the Council. Ordinance 27, 1978, was unanimously adopted by the Council. ORDINANCE 28, Mayor Kiedis declared the Public Hearing open, which was duly advertised 32377- October 13, 1978, and held for the purpose of the Council's consideration of Ordinance 28, 1978, repealing Articles Ii, III, V, VI, VIII, and XI of Appendix A, Zoning of the PBG's Code, and creating and adopting new Articles II, III, VI, VIII, and XI of Appendix A, Zoning of the PBG's Code. Mr. Ted Brown, real estate broker representing the Echlin Manufacturing Company, the owner of parcels of land on the east and vest sides of North Military Trail zoned R -3, High Density Residential District, addressed the Council requesting that they consider a less drastic reduction of the allow- able density in the high density residential zoning classification than proposed. The City Attorney was requested to prepare an Ordinance for the Council's consideration providing for a greater allowable density within a POD than in the "straight" zoning classifications of the City as an incentive to developers. Mr. Elmer Holmgren of Royal American Industries and Mr. Seymour Fine, a local contractor, requested that the Council consider lessening the required living areas for multiple family dwellings in the proposed Multiple Family Zoning Classifications. The zoning classifications contained with the "rewrite" will be correlated with the current zoning Classifications of the City and superimposed on a copy of the City's official zoning map, and an Ordinance drafted by the City Attorney adopting the new zoning map will be workshopped at the meeting of November 9, 1978. Mayor Kiedis declared the Public Hearing closed. Ordinance 28, 1978, was read by title only on second reading by the Deputy City Clerk by a unanimous vote of the Council. Ordinance 28, 1978, was unanimously adopted by the Council as read and amended to include the draft dates of each Article adopted as follows: Article II, 9/19/78; Article 111, 9/19/78; Article V, Rev. 10/26/78; Article V1, 9/19/78; Article VIII, 9/28/78; and Article IX, 10/4/78; and the revising of the minimum required living areas of the Density Controls City Council_ Regular fleeting, 11/2/78 Page 4 in Section B. RM - Residential Multiple Family (medium Density) and Section 9. RH - Residential Multiple Family (High Density) to read: (1) Efficiency Apartment - 500 square feet; (2) One bedroom apartment - 750 square feet; (3) Two bedroom apartment - 900 square feet; (4) Three bedroom apartment - 1,200 square feet; and (5) More than three bedrooms - 1,200 square feet for the first three bedrooms, with 150 square feet for each additional bedroom. ORDINANCE 14� A motion was unanimously defeated by the Council that the Deputy City T77— Clerk read Ordinance 14, 1977, providing the Site Plan and Appearance Review Committee the authority to waive parking space requirements, on first reading by title only. ORDINANCE 30, Ordinance 30, 1978, enacting a Flood Damage Prevention Plan, was read by title only on first reading by the Deputy City Clerk by a unanimous vote of the Council. ITEMS FOR DISCUSSION: GARDEN VILLAS Mr. Bob Edgar, President of R. E. Building Corporation, and his attorney, 77=7__ Mr. Dean J. Rosenbach, addressed the Council reiterating the circumstances y LILAC ST. surrounding the developer's pending request to be granted an exception to the City's temporary moratorium on developments that would exceed the allowable density in the then - proposed "rewrite" of the City's Zoning Codes, due to the fact that their plans were complete and in the City the day following the effective date of the moratorium. The adoption of Ordinance 28, 1978, at the current meeting lifted the above referenced moratorium and provided for the maximum allowable density in the high density residential districts to be 12 u /p /a. In view of the fact that the proposed density for Gardens Villas is in excess of that allowable, Attorney Rosenbach requested that their project be "grandfathered ". At the Council's meeting of October 19, 1978, fir. Edgar submitted an itemized list of the approx. costs incurred to date involving Garden Villas, including the cost of the land; and a proof of ownership. City Manager John Orr expressed concern that the development will compli- ment the already existing severe drainage problem on Lilac Street. City Council Regular Meeting, 11/2/78 Page 5 In keeping with the precedent set in the past for PUD applications, Mr. Edgar offered he would be willing to : (1) dedicate lands to the City or contribute up to l00 of the property value for City recreational facilities; and (2) in regards to drainage, make all changes that the City Engineer recommends at Mr. Edgar's cost, and at such time a deter- mination is made as to the cost of resolving the drainage problem on Lilac Street, he will be willing to contribute his share of the cost. For the record, Mr. Edgar stated "We are willing to dedicate ourselves for the future of the project, whatever it requires, whatever it takes, and whatever is necessary by the City. ". To be based on a re- evaluation of all costs incurred, the City Attorney was requested to provide a legal opinion as to whether or not the project would fall under the theory of equitable estoppel in a Court of Law. Mr. Edgar's request will be further considered at the Council's workshop meeting of November 9, 1978. ITEMS BY THE CITY MANAGER: Per the recommendation of the City Manager, a motion was unanimously adopted that the Mayor, City Clerk, and City Manager be authorized to execute the inter -local agreement with the County for 1979 -80 for the Community Development Program. The Council agreed with the recommendation of the City Manager that the City use the bids received by the Village of North Palm Beach for the pur€hase of one Cushman scooter --type vehicle. Mr. Orr reported that the City is included under the County's Recrea- tional Planning Program for matching funds for the installation of bicycle paths from Meridian flay to Lighthouse Drive, Lighthouse Drive to Alternate A -1 -A, and Burns Road to the Sandalwood Project. Per the recommendation of the City Manager, a motion was adopted autho- rizing the expenditure for flu inoculations for City employees, monies to be taken from the anti - recession funds. The City Manager was authorized to sign the Consent Election Agreement with PERC. ITEMS BY MAYOR AND COUNCIL: MAYOR KIEDIS: Per the recommendation of Mayor Kiedis, a determination of when the side- walks will be sufficient to enable both sides of Holly Drive to be ready City Council Regular Meeting, 11/2/78 Page 6 for traffic purposes only will be discussed at a future Council meeting. The City Attorney was requested to prepare an Ordinance for the Council's consideration which would prohibit commercial vehicles from residential streets of the City except for deliveries. The City Attorney was requested to prepare an Ordinance for the Council's consideration prohibiting the parking of vehicles in the swale areas. VICE MAYOR Vice Mayor Laurie requested that the City plant nursery located at Public Works be maintained. A joint meeting will be scheduled for a non - regular meeting night of the Council with Sheriff Wille re: the proposed Law Enforcement Services Agreement with his department. Vice Mayor Laurie requested that the tree trimming program be commenced. Vice Mayor Laurie requested that the Council priority list be updated at least every two months. COUNCILMAN Councilman Martino expressed concern relative to the effect the "Work to FA7=. Contract" position of the teachers has on the high school's homecoming activities. ADJOURNMENT: With no further business, the meeting adjourned at 11:35 P.M.. Mayor Kiedis Councilman Martino [,.J r J �i Vice Mayor Laurie Councilman Feeney a�ka Councilman Aldred City Clerk