HomeMy WebLinkAboutMinutes Council 040777REGULAR MEETING
CITY Or PALM BEACH GARDENS
APRIL 7, 1977
The Regular Meeting ol the City Council of Palm Beach Gardens was
called to order by Mayor Feeney at 8 :00 P.M. in the Assembly Room,
10500 N. Military Trail, Palm Beach Gardens, Florida, and gzened
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 Kiedis, Councilman Martino and
Councilman Rossow. Attorney Brant was in attendance.
MINUTES: The Minutes or the T%orkshop Meeting or March 24, 1977 were
unanimously approved by the Council.
ANNOUNCEMENTS: Mayor Feeney made the following announcements:
Merit System Board Meeting - Monday, April 11, 1977 at 7:00 P.M.
Planning anJ Zoning Commission Meeting - Tuesday, April 12, 1977
at 7:30 P.M.
Recreation Advisory Board Meeting - Tuesday, April 12, 1977 at
8 :00 P.M.
Beautification and Environmental Committee Meeting - �,tiednesday,
April 13, 1977 at 7 :30 P.M.
Zoning Board of Appeals Meeting - Thursday, April 14, 1977 at 7 :30 PM
Cystic Fibrosis Bike- A -Thon - Saturday, April 16, 1977 at 9:00 A.M.
Palm Beach Gardens Elementary School.
EDITH JUDGE ADDRESSES THE COUNCIL:
Edith Judge, 9809 Dogwood Avenue, addressed the Council regarding
disabled persons, and asked support from the Council on a bill
that Representative Tom Lewis has filed for the 1977 Legislative
Session providing for parking for disabled persons and the issuance
of an identifying sticker. The City Attorney was directed to
prepare a resolution supporting the bill, and adding, at Mrs. Judge's
Regular Meeting, April 7, 1977
Page 2
request, in lieu of a sticker, that a heavy cardboard license plate
be issued to the handicapped person, and not the vehicle.
COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA:
SAM CARSILL.O: Sam Carsillo spoke from the audience regarding the parking in the
swale at the Palm Garden Apts., and the need for reflectors at the
intersection of Military Trail and PGA Blvd. Mr. Carsillo requested
that the City order 1,000 malayan trees from 1he Forestry service,
and stated that the ME Committee will recommend at a later date
the replacement of the dead shrubs around the City.
MR. CHILSTROM: Mr, Chilstrom, 3871 Bluebell spoke from the audience requesting
that the Sabal Palm Trees on Lighthouse Drive be trimmed. This
will be an item for discussion at the L:orkshop Meeting on April 14th.
Mr. Carsillo informed the Council that the B &E Committee will also
provide input on this item after their meeting on the 13th.
PETITIONS AND COMMUNICATIONS:
Mayor Feeney acknowledged receipt of communications from:
LAKE LYTAL: 1. Lake Lytal, Chairman, Board of County Commissioners notice of
meeting on Thursday, May 5, 1977 at 10 :00 A.M, re: Nuclear Civil
Protection Planning Briefing. Civil Defense Director Chiel Ed
Arrants will attend this meeting.
TED H. CLIMER: 2. Ted H. Climer, Vice President, Royal American Realty, Inc.
confirming statements made by their representatives at the Council
meeting on 3/24/77 regarding proposed City Resolutions.
P&Z COMMISSION: 3. Planning and Zoning Commission recommendation dated March 23,
1977 re conditional uses. The Council concurred this would
be included in the discussion during the rewriting of the Zoning
Code.
Regular Meeting, April 7, 1977 Page 3
BIKE- A -THON: Vice Mayor Laurie invited the Council,on behalf of Chairperson
Nancy Laurie, to participate in the Cystic Fibrosis Bike -A -Than
1� to be held Saturday, April 16, 1977 at 9:00 A.M. from the Palm
Beach Gardens Elementary School.
RESOLUTIONS: Resolution #15, 1977 Tennis Pro Agreement was read in full by the
RESOLUTION #159 City Clerk and unanimously adopted by the Council.
A motion was made, seconded and unanimously adopted that the letter
to Ms. Alyce Marshall dated April 7, 1977 extending the services
of a qualified person to man the pro shop during specified time
periods be attached as a supplement to the agreement.
Councilman Kiedis recommended, and the Council concurred, that the
City Manager explore the idea of providing decals or some system
for the tennis members to display verifying they are members.
Ms. Marshall will be asked to prepare a report, on a 3 month period,
on the money realized from membership and guest fees collected.
RESOLUTION #20, Resolution #20, 1977 accepting all existing road improvements and
on -site drainage for public maintenance in Plat #4 was read in
full by the City Clerk and unanimously adopted by the Council.
PUBLIC HEARING Mayor Feeney declared the Public Heaing open on the consideration
RESOLUTION #21, of Resolution #21, 1977, the abandonment of public street rights -
of -way in Plat #43, duly advertised on March 21, 1977.
Mr. Bob Rousseau, Operations, Royal American Realty, Inc. pointed
out for the benefit of the Council and the audience the portion
of the Plat that will be abandoned.
No comments were made by the Council or members of the audience.
Mayor Feeney declared the Public Hearing closed.
Regular Meeting, April 7, 1977 Page 4
Resolution #21, 1977 was read in full by the City Clerk and
unanimously adopted by the Council.
REPLAT NO. 1: Councilman Martino, stated for the record and as a predicate to
accepting the Replat No. 1, that Plat #4 was originally laid out
as a residential R.-1 District, that the area laid dormant for many
years and that Royal American Realty, Inc. has petitioned for
activation of this Plat and consented with the recommendhtion of
the Council and the P&Z Commission to change the zoning of the
Plat to R..IA, which is a higher category and more suited to the
standards and qualities of the City. Also for the betterment of
the City, they have requested a buffered area with a medium
residential R ^3C zoning.
MOTION: A motion was made, seconded and unanimously adopted that the
Replat No. 1, which is an overlay of the existing Plat, be accepted,
as discussed for the last several months, and as the maps presented
by Royal American Realty, Inc. indicate, and also that those
officials that are desiqnated by the Code be authorized to sign
the Replat No. 1 for the City.
DECLARATION OF City Manager, John L. Orr, Jr. read the letter dated April 5, 1977
RESTRICTIONS
from Ted H. Climer, Vice President, Royal American Realty, Inc.
attaching a copy of the original Declaration of Restriction for
Plat #4 as recorded on July 26, 1961 and a copy of the
Modification of Declaration of Restrictions executed on April 5, 1977,
and attaching a copy of a letter dated April 5, 1977 from Alan
FEE SIMPLE Meltzer, Attorney, that all of Plat 4 is owned at the present time
OWNER:
ri! in fee simple by Royal American Realty, Inc. (copies of letters
attached to minutes)
Regular Meeting, April 7, 1977 Page 5
Mr. Rousseau certified that the Deed Restrictions basically
encompass the same restrictions as the Palm Beach Gardens Zoning
Code, but if in the future there were petitions to rezone, it
would no way impair the Plat of record, as they would be held
by the same restrictions under the Declaration of Restrictions.
The City Attorney verified that he had read the above mentioned
documents and that they met the requirements and intent of the
Council.
RECOMMENDATION A motion was made, seconded and unanimously adopted that the
FROM HOWARD
SEARCY0 ENGINEERCity Council accepts the recommendation of Howard Searcy, City
Engineer, based on his letter dated February 21, 1977, based on
the information contained in the March 7th and April 4th letters
from Ted H. Climer, Vice President of Royal American Realty, Inc.
(letters attached to minutes), and allows the permitting of the
lots that are referenced in table "A" in letter dated February 21,
1977 from Howard Searcy, City Engineer.
ORDINANCES: Mayor Feeney declared the Public Hearing open on consideration
ORDINANCE #3t of Ordinance #3, 1977 rezoning lands within Plat #4, as duly
T977 --.
advertised on March 1, 1977.
Councilman Martino stated for the record that the City has
conformed with all the requirements as to public notices and public
hearings on rezoning as laid down by the State and the Palm Beach
Gardens Code.
Mr. Robert Kloske questioned the impact on the resources of the
City in terms of water, sewerage and garbage. Mayor Feeney
commented that the sewer plant recently constructed, is operating
only to 30% capacity; that on the west side of Alt. AlA at Hood
Regular Meeting, April 7, 1977
Page 6
Road, Palm Beach County Utilities has put in a new water plant
to address the needs of the public for water; and that the City
garbage is handled by an independent contractor, for which the
City pays a per family rate. The Council has also enacted an
ordinance dealing with Interim Service Fee which the owner pays
for the garbage and trash service he received prior to being
placed on the tax roll.
Mayor Feeney declared the Public Heal ng closed.
Ordinance #3, 1977 rezoning lands within Plat #4 was read by title
only, on second reading, by the City Clerk and unanimously adopted
by the City Council.
The Council thanked Mr. Rousseau, Mr. Garnett and Mr. Shepherd for
their attendancQ at the meetings and their cooperation in
accomplishing the replat and rezoning of Plat #4.
ORDINANCE #49 Ordinance #4, 1977 rezoning lands within Section 7..42.43 was read
on first reading in full by the City Clerk and a public hearing
held. No comments were
made by the Council or the audience.
A Public Hearing and second reading will be held on Ordinance #4,
1977 on May 191, 1977.
ITEMS FOR DISCUSSION:
REQUEST FROM Consideration was given to a request from Joseph DePompeis, owner
A;
of Albert's Pizza located on Gardens East Drive. Mr. DePompeis
was not in attendance at the meeting, and discussion was tabled.
The City Attorney referenced the requirements in the Code to
the selling of alcoholic beverages by a restaurant having a seating
capacity of 200 and occupying more than 4,000 square feet of space.
The City Manager will determine if Albert's Pizza meets the basic
Regular Meeting, April 7, 1977 Page 7
requirements of the Code.
DAVID BRADY- David Brady addressed the Council asking permission to land a
HELICOPTEV
tANDING: helicopter in the City near his place of business on Burns Road.
The Council felt they would rather not approve his request at this
time and suggested that he look for an alternate solution, based
on the safety of the residents.
ORDINANCES FOR The Council concurred to submit a list of priority ordinances
FUTURE
CONSIDERATION: they would like to consider at future Workshop Meetings, and an
hour be designated at each Workshop Meeting to discuss these
proposed ordinances.
Discussion on an off- street parking ordinance, with input from
each Council member prior to the meeting, will be held at the
Workshop Meeting on April 14, 1977.
Councilman Martino suggested an ordinance against pornography
books sold in stores, and the sale of guns in the City.
Councilman Rossow stated he would work on an amending Landscape
Ordinance to benefit the small businesses in the City.
Councilman Kiedis felt stricter restrictions should be enforced
on bicycle violators.
REPORTS: Councilman Rossow reported he had attended the Planning and Zoning
P &Z COMMISSION:
Commission Meeting held April 59 1977.
SCHOOL—BOARD Councilman Martino reported he had attended the School Board Meeting
MEETING:
held March 28� 1977 and an indication was made that they would be
interested in discussing any improvements in that area such as a
library; a community school program presentation was made; and
consideration is being given to an agreement between the School
Board and the City that would allow the City the use of the 10
Regular Meeting, April 7, 1977 page 8
acres near Plat #4 for recreational purposes.
TRI -CITY Vice Mayor Laurie reported he had attended the Tri -City Meeting
MEETING:
held March 28, 1977 together with the other members of the Council,
and that discussion was held on annexation, Christmas In Dixie Parade,
purchase of Rybovich property, the Community School Program and
the purchase of the Palm Beach County Utilities.
ITEMS BY CITY MANAGER:
MONIES FOR At the recommendation of the City Manager, John L. Orr, Jr., a
CLAY:
motion was made, seconded and unanimously carried authorizing the
expenditure of $1300 from the Contingency Fund for clay for the
2 new ball fields.
MONIES TO At the recommendation of the City Manager, John L. Orr, Jr. a
RESURFACE
TENNIS COURTS: motion was made, seconded and unanimously carried authorizing the
expenditure of $5,088.60 from the Contingency Fund to resurface
the 4 Tennis Courts.
Councilman Kiedis pointed out the poor condition of the new courts
and suggested they be resurfaced now befax a the years guarantee
has expired, and the City Manager advised he was taking steps to
take samples of the surface to determine if it met specifications.
POST OFFICE The City Manager John L. Orr advised that the Postal System had
UNIT:
modified the Post office unit at the City Complex. Councilman
Marti requested that the City Manager obtain a usage report on
the facility as it was his opinion that the unit should be removed.
MONIES TO At the recommendation of the City Manager, a motion was made,
REPAIR FIRE
5 TAT ION F: seconded and unanimously adopted authorizing the expenditure of
$1,060.00 from the Anti - recession Funds for the improvements and
repair of the roof at the Fire Station.
Regular Meeting, April 7, 1977
ITEMS BY MAYOR AND COUNCIL:
Page 9
COUNCILMAN KIEDIS: Councilman Kiedis was advised by the City Manager that work
would begin on the 10 acres Monday, April 11, 1977.
VICE MAYOR LAURIE: Vice Mayor Laurie was advised by the City Manager that the
PBGYAA Las Vegas night would be held at theFire Station, and the
survey on the 12 acres would be completed by Monday, April 11, 1977;
that Mr. DiVosta had 15 days to comply with the citation from the
Health Dept. as to sand blowing from his project; that '''arvin
Hill's new company is a satellite of Urban Space; and that nothing
.further has been received regarding a case involving a Police Officer.
COUNCILMAN MARTINO: Councilman Martino expressed his personal opinion that the new
ball fields are located too close to Burns Road for safety reasons
and indirectly has asked the PBGYAA to donate funds for a fence
to enclose the area. The Mayor will write a letter requesting
same to be mailed to Len Dutil to present at the Board of
Directors meeting. He also asked the Council to consider
additional parking in the vicinity of the ball fields, and not
to allow parking in the Swale areas along the north side of .Burns
Road.
Councilman Martino suggested that a continuation of the lighting
program in the City in the Town Hall home area be considered at
the budget discussions, and immediate action be taken to provide
lighting on the Avenue of the PGA near the Camberwell and
Tamberlane Apts. if the residents agree to same.
At the suggestion of Councilman Martino the mayor will send a letter
to Mal Tool Company asking them to reconsider moving from the area,
� and if they are serious about moving, that the City be given the
opportunity to rent or purchase the property.
Regular Meeting, April 7, 1977
Page 10
Councilman Martino advised that St. Ignatius Church has offered
the use of their facility to the Senior Citizens on a regular basis
to hold their events, and publicly thanked Father Dunlevy for this
consideration.
MAYOR FEENEY: Mayor Feeney asked that the Chief of Police determine the cost
for providing the Police Officers with vests for their protection
if the need arises.
Mayor Feeney advised that several lights were out at the bail fields
at Plant Drive, and the City Manager stated the Public Works was
going to replace and re-aim the lights.
ADJOURNMENT: No further business, the meeting adjourned at 11 :00 P.M.
May-§i Feeney v Counci2Adn Rossow
2, - /-- "
YL
Vice Mayor Laurie Founcilman Ki is
Councilman Martino
i
Alice Jan Kerslake, City Clerk
r
ROYAL AMERICAN
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REALTY/ MC.
April 5, 1977
Mayor Dick Feeney and Members of Council
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, Florida 33410
RE: Plat 4 » Rezoning and Replatting
Gentlemen:
1001 PARK A`,"FNIUP, LAKE PAR1 `!'?2 DA 33403
Telvp�o; a Area Cede 3CS -- 33.1401
Enclosed please find a copy of the original Declaration of Restriction for
Plat 4, City of Palm Beach Gardens as recorded on July 26, 1951, and a
copy of the Modification of Declaration of Restrictions executed on April 5,
1977.
This Modification will be recorded in the Official Records of Palm Beach
County, Florida as soon as possible.
Also attached is a letter from Royal American Realty's Attorney, -Mr. Alan
Meltzer, certifying that Royal American Realty is the fee simple owner of
all of Plat 4, Palm Beach Gardens.
Very truly yours,
ROYAL AMERICAN REALTY, LV C,
Ted H. Climer
Vise President
imp
CC: D. M. Shepherd
ALAN MELTZER
ATTORNEYAT LAW
1001 PARK AVENUE
LAKE PARK, FLORIDA 33403
TFLEPHONE 344 -CIE30 7
April 5, 1977
C ity liall
10500 Military Trail
Palm Beach Gardens, Florida 33+10
Gentlemen:
This is to certify that the undersigned, an attorney licensed to
practice in the State of Florida, has caused to be examined the official
records of Palm Beach County as to the following described property,
to-wit:
All of Plat 4, City of Palm Beach Gardens, according
to the plat thereof recorded in Plat Book 27 at Pages
4, 5 and 6 in the Office of the Clerk of the Circuit
Court of Palm Beach County, all Located in Palm. Beach
�. County, Florida.
Said records show that the said described real estate is owned at
the present time in fee simple by Royal American Realty, Inc.
Very truly yours,
Alan Meltzer
AM:np
EMT-
ROYAL AMERICAN REALTY, INC.
1001 PARK AVENUS, 1AXE PAtt <, ;_oR' [)k 31 3
Teiephona: Area Cede 2:5 --- °-•3 -1401
April 4, 1977
Mayor Dick Feeney and Members of Council
CITY OF PALM BEACH GARDENS
10500 forth Military Trail
Palm Beach Gardens, Florida 33410
RE: Plat 4 - Rezoning and Replatting
Gentlemen-.
This letter is to confirm statements made by representatives of Royal
American Realty at the City Council Meeting on 3/24/77 regarding pro-
posed City Resolutions.
Royal American Realty does agree to the conditions of proposed City Reso-
lution 20 1977 and will bond the roads for any repairs necessary fror damage
due to storm waters -until positive drainage outfall is achieved and will bond
the construction of Pine Tree Boulevard east of Banyan, all accordin:r to the
conditions of said proposed Resolution 20, 1977.
We again, wish to thank the Council for their cooperation in our develoomer_t
of Plat 4.
Very truly yours,
ROYAL AMERICAN REALTY,J�NC,
Ted H. Climer
Vice President
JmP '
cc: D. M. Shepherd
ROYAL AMERICAN REALTY, INC.
�, a
1001 PARK AVENUE, LAKE PARK, FLCRf 7,A 31403
Telephone: Area Cady 305 --
`� March 7, 1977
Mayor M. Martino and Members of Council
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, Florida 33410
RE: Plat 4 - Rezoning and Replatting
Gentlemen:
We are writing this to confirm certain statements that have been made by our
representatives at the various Council and Zoning Meetings held the past months
on the Rezoning and Replatting of Plat 4 in the City of Palm Beach Gardens.
AREA DRAINAGE:
We have c eaned out the canal from the railroad trestle south to Hood Road including
the culvert at Hood Road, per report by the City Engineer. We wish to state that
we shall maintain this canal and the outfall canal through Frenchman, Inc. for a
period of one year, subject to the Northern Palm Beach County Water Control District
taking over the maintenance at an earlier date, based on their proposed improvement
program for this area. We, per letter of February 2, 1977 to Mr. H. F. Kahlert,
County Engineer, have agreed to dedicate canal right -of --way, etc., to aid in the
improvement program for the District (copy attached) . On February 28, 1977, wa
advanced to the District $6, 500.00 for the engineering study for this improvement
progra m .
PLAT 4 IMPROVEMENTS:
The Palm Beach County Utilities Company has taken over the maintenance and
operation of the water distribution system and the sanitary collection system per
Board of Health approvals of recertification applications and tests.
The Seacoast Gas Corporation has taken over the maintenance and operation of the
gas distribution system.
Road, swales and storm drainage system -- we shall maintain the roads, swales and
storm drainage system for the period of one year, subject to an agreement to be
prepared by Mr. William E. Brant, City Attorney, and Mr. Howard L. Searcy, City
Engineer, on the maintenance of these improvements.
-- continued-
�J(
,Ced H. C limer letter
to Mayor M. Martino and Members of Council
CITY OF PALM BEACH GARDENS
RE: Plat 4 -- Rezoning and Replatting
.� March 7, 1977
PLAT 4 IMPROVEMENTS: (continued)
We FE-r-ther agree to install a 24 foot pavement in Pine Tree Boulevard if the Board
of Education develops their seven acre parcel in the next twelve months, subject
to being part of the agreement being prepared by Mr. Brant and Mr. Searcy.
SUNDRY UTILITY OPERATIONS:
We have worked with Florida Power & Light Company and Southern Bell in securing
easements in Plat 4 and in the adjacent areas to meet their requirements for
providing service to Plat 4.
In summary, we are requesting that if Mr. Searcy, Mr. Brant and Mr. Orr feel that
there is need for any additional items or work to be performed in Plat 4 that said
items be submitted in writing on Thursday, March 10, 1977, for the Workshop
Meeting of Council.
We wish to thank Council and the administration of the, City of Palm Beach Gardens
for their cooperation in our development of Plat 4.
Very truly yours,
ROYAL AMERICAN REALTY, INC.
Ted H . C imer
Vice President
dhc
cc: Mr. Donald M. Shepherd �.
ROBERT E. OWEN & ASSOCIATES, INC.
Consulting Engineers
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2930 OKEECHOBEE BLVD , WEST PALM BEACH, FLORIDA 33409 • PHONE (305) 683 -31:3
February 21, 1977
City of Palm Beach Gardens
14500 North Military Trail
Palm Beach Gardens, Florida 33403
Attention: Mr. John L. Orr, City Manager
Subject: Plat 4 (Our Ref. No. 76 -235)
Gentlemen:
At the request of the City Council, we have reviewed the ex-
tent and condition of drainage facilities which will ultimately serve
Plat 4 of the City with particular regard to the prospect of provid-
ing interim drainage service until such time as the drainage of the
area is under the permanent control of a responsible governmental
entity. The developer has petitioned the Northern Palm Beach County
Water Control District to include the area of Plat 4 and vicinity in
a Unit of Development of that District and steps are under way to ac-
complish that end. Before permanent drainage improvements are Tla3e
which will provide adequate service to the area, it is our opinion
that certain interim measures can be taken which will minimize the
threat of flood damage to Plat 4 in the event of a major storm.
These measures are as .follows:
1) Clean out shoaling and vegetation in the canal lying im-
mediately west of the Florida East Coast Railroad from the south line
of Section 36 northerly to the railroad trestle at Frenchman's.Creek
canal.
2) Remove the shoaling at each end of the Hood Road culvert
crossing and sod the slopes around each end of the canal with Pensa-
coia Bahia sod to prevent further erosion and shoaling.
3) Remove vegetation and high spots under the Florida East
Coast trestle, between the Florida East Coast trestle and the A -1 -3),
bridge and east of the A -1 -A bridge in the Frenchman's Creek canal..
These improvements would provide approximately 40 to 50 cubic feet
per second of run -off capacity to subject area and would prevent the
accumulation of water in the area which would result in major flood
damage in the event of a severe storm.
Continued...
-2-
City of Palau Beach Gardens
our Ref. No. 76 --235 February 21, 1977
If the above improvements are completed satisfactorily, it
would be recommended that lots occupying the highest land and ad-
jacent to the higher street elevations in Plat 4 be released for
permitting and occupancy. Following table indicates the recommended
lots which could be released:
BLOCK
TABLE "A"
LOTS
IL
Tr
34
1 -4,
13 -16
8
35
1--4,
13 -16
8
36
1 -8,
17 -28
20
37
1 -6
6
40
7 -12
6
41
4-9
6
42
10 -15
6
44
11-16
6
45
6 -15
10
46
33-46
14
47
4 -15,
25--43
30
48
4--11
8
Total
128
The above reference lots should be released for sale and
occupancy only with the understanding that any damage to the pave-
ment, swaies or drainage system which might occur to Plat 4 prior
to the permanent improvements becoming operable would be repaired
by the developer at his expense and to the satisfaction of the City.
If we can answer any questions on this matter, please contact
US.
HLS:eh
cc: Robert E. Owen &- Assoc.
.Attn: Mr. Don Shepherd
cc: Royal American Industries
Attn: Mr. Ted Climer
Very truly yours,
MOCk ROOS & SEARCY, INC.
14
Gc.trl C�� '`__mss L-•- �1
p, and L. Searcy, P.E.
,President