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Home My WebLink AboutMinutes Council 011978REGULAR MEETING CITY OF PALM BEACH GARDENS JANUARY 19, 1978 The Regular Meeting of the City Council of Palm Beach Gardens was called to order by Mayor Feeney 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 Feeney, Vice Mayor Laurie, Councilman Martino, Councilman Kiedis,l and Councilman Wiley. Attorney Baldwin was in attendance. MINUTES: The Minutes of the Regular Meeting of January 5, 1978 were unanimously approved by the Council as written. The Minutes of the Workshop Meeting of January 12, 1978, as • amended, were unanimously approved by the Council. ANNOUNCEMENTS:Mayor Feeney announ,`ced that a Planning and Zoning Commission RESOLUTIONS: Meeting would be held on Tuesday, January 24, 1978 and that the Seniors were having an activity,a Birt -h4ay- Party, on Monday, January 23, 1978 at Howell Watkins Jr,:. High School at 8:00 P.M. Consideration on Resolution #3 1978 establishing a Referendum RESOLUTION 3, Election was deferred until action was taken on Ordinance #19, 1978: �~ 1978 . RESOLUTION 453, 1977: ORDINANCES: Resolution #53, 1977 was not considered at this time, at the request of Councilman Wiley, who will redraft the Resolution for future consideration by the Council. Ordinance #1, 1978 amending the conditional uses in M -lA Lights t Industrial District by unanimous vote of the Council, was • 1] Regular Meeting, January 19, 1978 Page 2 read by title only, by the City Clerk, on first reading. A Public Hearing and second reading of the Ordinance will be held on February 16, 1978. ORDINANCE 2, Ordinance #2, 1978 amending Section 15 -36 of Chapter 15 Licenses 1978 ORDINANCE 19, 1977: RESOLUTION 3 1978: and License Taxes, by unanimous vote of the Council, was read on first reading, by title only, by the City Clerk. A Public Hearing and second reading of the Ordinance will be held on February 16, 1978. Mayor Feeney declared the Public Hearing open on consideration of Ordinance #19, 1977 providing for a Referendum Election changing the Election filing dates, as duly advertised on December 30, 1977. Councilman Wiley reiterated the fact that the reason for this Ordinance was to provide at least two weeks between the closing of the filing dates for candidates and the Election date, to allow more time for the candidates to campaign and present their issues and time to hold a '.•meet the candidates night ". He also commented that this would not affect the election to be held this year on March 14, 1978. There were no comments from members of the audience. Mayor Feeney declared the Public Hearing closed. Ordinance #19, 1977 was read by title only, on second reading, by the City Clerk, by a unanimous vote of the Council. Ordinance #19, 1977 was unanimously adopted by the Council. Resolution #3, 1978 establishing a Referendum Election was read in full by the City Clerk by a unanimous vote of the Council. Resolution #3, 1978 was unanimously adopted by the Council. Regular. Meeting, January 19, 1978 Page 3 ORDINANCE 17.Mayor Feeney declared the Public Hearing open on consideration 1977: of Ordinance #17, 1977, as duly advertised on November 25, 1977. Mayor Feeney reiterated the past history of the Ordinance, in that it was defeated by the Council at the Regular Meeting of December 15, 1977, and by unanimous vote of the Council at the Regular Meeting held January 5, 1978, it was agreed to reconsider the Ordinance at this time. Councilman Kiedis reiterated his concerns about the safety of the recreational uses being allowed on major arterial roads; that there was no need for additional recreational uses in this area and that no input had been received from Marvin Hill, Land Planner. Councilman Wiley stated that each commercial venture would have to be judged on its own merit, and that the Planning and Zoning isCommission had unanimously endorsed the Ordinance. He felt that the uses would have to be of the highest quality or they wouldn't make it economically, and that the Council should provide an ordinance to allow commercial recreational uses as a conditional use. Vice Mayor Laurie stated he had had a chance to reconsider the ordinance in depth since he had voted nay the first time, and agreed that the uses should be placed in a commercial zone and under a conditional use aspect, where safe guards would be imposed. He also felt there was a need for zoning for recreation- al uses. Vice Mayor Laurie asked that the Council consider delegating • the final granting of conditional uses to the Council. Regular Meeting, January 19, 1978 Page 4 Attorney Conrad DiSantis made a presentation referring back to August when they first applied for a permit, and it was isdetermined that the Code did not provide for the use that he was requesting, and the events leading up to this public hearing. Attorney DiSantis mentioned that he had contacted F. F. Adams, the owner of the Oakbrook Shopping Center, who ha.d voic'ed_no' objection to any--of--the uses listed in the proposed ordinance being placed adjacent to his property. The Priest from St. Claires Catholic Church spoke from the audience saying he was a skate board lover and endorsed the facility for the use of all age groups. Ralph Shulman, 4299 Lilac addressed the Council complimenting them on the organized sports that are offered by the City, and stating he felt if this facility was built in the City, the • City would provide all the safety measures necessaryto control these activities. Randy Hanson, Architect for the project stated the type project they were proposing was of the highest quality, and that the Planning and Zoning Commission had unanimously approved the concept. Bob Moser, 4219 Oak favored the proposed recreational facilities stating it would keep the children off the street and it was something everyone could enjoy. 1+-s., Kaufman, 4325 Tanglewood South expressed the serious need for such a facility and stated there were sidewalks in the area and a traffic light a,t-MacArthur B-- 3vd: --to facilitate the crossing of Northlake Blvd. Mayor Feeney justified the remarks made by Councilman Kiedis about the concern for the safety of the children, and that it Regular Meeting, January 19, 1978 Page 5 was a major concern of all of the Council members. • Mayor Feeney declared the Public Hearing closed. Councilman Martino commented that this was the first time that the Council had ever considered an Ordinance a second time, afterl it was unanimously defeated, by a vote of 4 -0. A motion was made by Vice Mayor Laurie, seconded by Councilman Wiley that the City Clerk read Ordinance #17, 1977, on second reading by title only. Vote on-: ._motion: Mayor Feeney, Vice Mayor Laurie, Councilman Wiley and Councilman Martino voted aye; Councilman Kiedis voted nay. Ordinance #17, 1977 was read by the City Clerk on second reading by title only. can put in writing any objection he has to force the issue to come before the Council. A motion was made by Councilman Wiley, seconded by Vice Mayor Laurie to adopt Ordinance #17, 1977 which passed by a unanimous vote of the Council. The City Manager was instructed to obtain an opinion from Marvin Bill, City Planner, relative to the proposed uses in a C -2 zoning category. ITEMS FOR DISCUSSION: PUD: Section 16 - Planned Unit Development dated July, 1977 as pre- pared by Marvin Hall, was reviewed by the Council. Changes were made to page VIII -13 Section 16.1 to add "professional engineers ", • i page VIII -14 Section 16.3 to delete the word normally in the City Manager John L. Orr informed the Council that the Code provides that on a Site Plan Review for a conditional use, he can put in writing any objection he has to force the issue to come before the Council. A motion was made by Councilman Wiley, seconded by Vice Mayor Laurie to adopt Ordinance #17, 1977 which passed by a unanimous vote of the Council. The City Manager was instructed to obtain an opinion from Marvin Bill, City Planner, relative to the proposed uses in a C -2 zoning category. ITEMS FOR DISCUSSION: PUD: Section 16 - Planned Unit Development dated July, 1977 as pre- pared by Marvin Hall, was reviewed by the Council. Changes were made to page VIII -13 Section 16.1 to add "professional engineers ", • i page VIII -14 Section 16.3 to delete the word normally in the • Regular Meeting, January 19, 1978 Page 6 CURBING OF sentence "A PUD shall normally consist of a minimum of 3 acres, page VIII -17 (i) (4) to add a percentage amount, page VIII -18 Section 16.8 to further define the wording "official action ". Further consideration will be given to this document before an ordinance is prepared by the City Attorney. Discussion was held on the scheduling and cost for the curbing HOLLY DRIVE: of Holly Drive. The City Manager estimated the cost would be around $4,000 at 30� a lineal foot with a 5" curbing and 6" base. The City will rent a machine and the work will be similar to the curbing done at the entrance to the City Hall adjacent to the Fire Station. The cost for a radii in concrete was estimated to be 1.79 a lineal foot. A motion was made, seconded and unanimously adopted authorizing the City Manager to proceed with the scheduling of the curbing • of Holly Drive, that all the radii be in concrete and the straight sections in asphalt. REPORTS: Councilman Martino reported he had attended the Recreation RECREATION Advisory Board Meeting held January 17, 1978 and the following ADVISORY BOARD items were presented for the attention of the Council: concern MEETING: that bicycles, mopeds, vans etc. were parking on the fields located on the 10 acres adjacent to the City Ha117 the City Manager was directed to place no parking signs in the area and to lay planks around the area to discourage parking; the Council agreed to schedule consideration of dedicating a park in memory of Woody Dukes at the Workshop Meeting on February 9, 1978; the City Manager will resolve the problem with the • soda machines at Plant Drive; the Council agreed.to schedule consideration of a marquee at City Hall at the Workshop Meeting on February 9, 1978; the City Manager stated they are in the process of building the back stops for the ball fields; Regular Meeting, January 19, 1978 Page 7 a recommendation is forthcoming from the Board relative to a request for matching funds from the County -..per the letter from Mr. Dance; the City Manager will position the tennis court benches inside the fence; and a layout for the basketball courts for Plant Drive will be prepared. ITEMS BY THE CITY.MANAGER: TENNIS COURT The City Manager John L. Orr recommended that the tennis court MEMBERSHIP FEES: membership fees established in Resolution #2, 1977 be left status quo for another year. Discussion on this item will take place at the Workshop Meeting on January 26, 1978. The City Manager will provide statistics on the revenuesand expenditures. DREDGE & Consideration of a Resolution relative to a dredge and fill FILL PERMIT: permit will be held at the Workshop Meeting on February 2, 1978. • BIDS TO At the recommendation of the City Manager, a motion was made, CLEAN & PAINT • CITY HALL: seconded and unanimously adopted to go out for bids to clean, seal and repaint the City Hall and to include as an alternate the Fire Station. A test patch will be done before the bid is awarded. TRAFFIC The City Manager John L. Orr advised that the traffic light LIGHT - ALT.. AlA & and railroad crossing gates are installed and working at the BURNS RD.: intersection of Alt. AIA and Burns Road. BEER AND At the recommendation of the City Manager the City Attorney WINE LICENSES: was directed to prepare an Ordinance for consideration by the Council relative to,ameridirig the Code on the footage requirements fortusinesses selling beer and wine and alcoholic beverages. ITEMS BY MAYOR AND COUNCIL: COUNCILMAN. Councilman Kiedis asked that the guide wires at the circus KIEDIS: area be flagged. • • is Regular Meeting, January 19, 1978 Page 8 The City Manager advised that a resolution will be prepared regarding the Treasure Coast Planning Council's comments on the proposed Florida Business Development Act of 1978. The City Manager advised that he is pursuing the motorcycle problem at Meridian Park. The City Manager advised he is obtaining cost figures for a bicycle path along Lighthouse from Gardens East to Alt. AlA and plans are being prepared by Jack Hanson. ADJOURNMENT: No furthur business, the meeting adjourned at 10:15 P.M. MAYOR FEENEY VICE MAYOR LAURIE e&ez C Alice Jean Kerslake, City Clerk COUNCILMAN MARTINO COUNCAZMAN KIEDIS COUNCILMAN WILEY 0 Eugene F. Bie, Esquire Attorney at Law 513 U. S. Highway One North Palm Beach, FL 33408 January 3, 1978 Palm Beach Gardens City Council City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Attention: Alice Jean Kerslake, City Clerk Re: Ordinance #17 -1977 relative to conditional uses permitted in a C -2 General Zoning District Gentlemen: '• I am writing in order to express my support of the proposed Ordinance which would amend the C -2 zoning classification to permit various recreational uses on :-a conditional use basis in a C -2 District: The pending Ordinance change was brought to my attention by Mr. Ted Bartlett, and he advised me that the Ordinance amendment will permit him to proceed with his plan for the develop- ment of a water slide and skateboard park on a piece of property which is con- tiguous to my property on Northlake Boulevard. In my opinion, this is an ideal location for such a recreational use. The property across the street has, for many years, been thelsite of the Hetzel Brothers Christmas and Easter displays and the property adjacent to the Hetzel Brothers has, in the past, been used for other amusement activities. I support the proposed amendment because Palm Beach Garden'-s zoning code needs a classification allowing these recreational uses. I hope you will consider this need in your deliberations on this subject. Sinc rely yours, Eu ene F. Bi , Attorney at Law cc: Mayor Richard Feeney Alice Jean Kerslake, City Clerk Conrad J. 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