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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 G� e f 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 .Q ��(� a errr■r ��ss11""t�"'1 ■iii R10, i ■ J, 2 , e J , 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