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HomeMy WebLinkAboutMinutes Council 102077REGULAR MEETING CITY OF PALM BEACH GARDENS OCTOBER 20, 1977 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 Flgg. ROLL CALL: Roll was called by the City Clerk and present were: Mayor Feeney, Vice Mayor Laurie, Councilman Kiedis and Councilman Wiley. Councilman Martino was absent because of illness. Attorney Brant was in attendance. MINUTES: The Minutes of the Workshop Meeting of October 13, 1977, as amended, were unanimously approved by the Council. The Minutes of the Special Meeting of October 13, 1977 were unanimously approved by the Council. ANNOUNCEMENTS: Mayor Feeney made the following announcements: Planning and Zoning Commission: Meeting - Tuesday, October 25, 1977 at 7:30 P.M. PBGYAA General Membership Meeting - Wednesday, October 26, 1977 at 8 :00 P.M. PRESENTATION OF PLAQUES TO SELEMA OXNEVAD AND LORRAINCE COMSTOCK: Mayor Feeney, on behalf of the Council, presented plaques of appreciation to Selema Oxnevad and Lorraine Comstock, for serving on the Beautification and Environmental Committee since its conception in 1971. He thanked them for their dedication to the City, and added that their husbands also have served the City, Lou Oxnevad as a member of the Planning and Zoning Commission and Henry Comstock as a member and director of the PBGYAA, all for the benefit of the residents of the City. Regular Meeting, October 20, 1977 Page 2 POSTER AND Bill O'Brien and Ray Lambert, Assistant Fire Marshals presented •SSAY CONTEST : cash prizes to the winners of the Poster and Essay Contest, held during Fire Prevention Week, October 3 -8. The North Palm Beach /Palm Beach Gardens Jaycees, Honeywell Protector Services, Harvey Schwartz, and the Palm Beach Gardens Women}s Club were co- sponsors of the contests and received Certificates of Appreciation from the Fire Department. A Certificate of Appreciation was given to Mrs. Conway and Mrs. Faile of the Palm Beach Gardens Women's Club for their assistance with the Poster Contest. PBG LIBRARY: Mrs. Conway told the Council that the Women's Club had donated $100.00 toward books for the Palm Beach Gardens Branch Library, and that helping the library cause will be a special project for them this year, and offered the City any assistance they can give toward this end. RESOLUTION #45, A motion was made, seconded and unanimously carried authorizing the City Clerk to read in full Resolution #45, 1977 Community School Program Agreement and authorizing the Mayor and City Clerk to sign the Agreement. Resolution #45, 1977 was read in full by the City Clerk. Mayor Feeney explained that the City donates $5,500 each year to the Community School Program and is the only City that participates. Resolution #45, 1977 was unanimously adopted by the t-ouncil. RESOLUTION #46, Resolution #46, 1977 appointing members to the Merit System Board to fill the vacancies on that Board was placed on the agenda at the recommendation of Councilman Wiley, and with the consent of the Council. Councilman Wiley explained the need for the appointmentf was necessary at this time so that the new members could familiarize Regular Meeting, October 20, 1977 Page 3 themselves with the Rules and Regulations 'before the next meeting on November 15, 1977. Resolution #46, 1977 was read in full by the City Clerk, inserting the name Laurence Coffin in Section It Murray Keller in Section 2 and Richard Marks in Section 3, by unanimous vote of the Council. Resolution #46, 1977 was unanimously adopted by the Council. ORDINANCE #10, Mayor Feeney declared the Public Hearing open on consideration of lz3'T7--.- Ordinance #10, 1977 reimbursement to the City to recover excessive legal and engineering fees associated with developers, as duly advertised on September 23, 1977. Mayor Feeney explained that this Ordinance was designed to recover attorney and engineering fees when a developer comes into the City for a project and it requires their services, rather than the taxpaper being assessed. There were no comments from the audience. Mayor Feeney declared the Public Hearing closed. Ordinance #10, 1977 was read by the City Clerk, by title only on second reading by a unanimous vote of the Council. Ordinance #10, 1977 was adopted by a unanimous vote of the Council. ORDINANCE #111 Mayor Feeney declared the Public Hearing open on the consideration 1977: of Ordinance #11, 1977 required roof covering materials, as duly advertised on September 23, 1977 and October 5, 1977. Councilman Kiedis explained that the wording as it appeared in the Code was changed to clarify the types of roof material that could be used on principal residential structures. There were no comments from the audience. Mayor Feeney declared the Public Hearing closed. Ordinance #11, 1977 was read by the City Clerk, in full on second reading by a unanimous vote of the Council. Ordinance #11, 1977 Regular Meeting, October 20, 1977 Page 4 was adopted by a unanimous vote of the Council. ORDINANCE #12� Mayor Feeney declared the Public Hearing open on consideration of �. 1z3/ . Ordinance #12, 1977 creating the licensing of special regulated uses relative to Pornographic Arts, as duly advertised on October 4v 1977. The City Manager John L. Orr outlined the intent of the Ordinance stating it was necessary for the protection of the health, morals, safety and welfare of the residents, and to protect the rights of licensed business operations of this type defined as special regulated uses. He advised a companion ordinance is under consideration by the Planning and Zoning Commission to include these uses in certain zoning classifications. There viere no comments from the audience, Mayor Feeney declared the Public Hearing closed. A motion was made, seconded and unanimously carried to read Ordinance #12, 1977 by title only, on second reading, and to read the comments by Attorney Baldwin in his letter dated October 4, 1977, containing the changes made to the Ordinance since the first reading, and the change made on page 7 Section 16 -8 caption to read "appeal from denial of renewal of license." The City Clerk read the Ordinance by title only with the amendments, and by a unanimous vote of the Council, Ordinance #12, 1977 was adopted. ORDINANCE #13, Ordinance #13, 1977 providing that the Site Plan and Appearance 19 77-F— Review Committee shall have certain authority to waiver the requirements of butter areas was placed on first reading by a unanimous vote of the Council. Councilman Kiedis briefly reiterated the reason behind the " rdinance which would allow the developer not to be required to provide a 15 foot buffer area or a fence when the Regular Meeting, October 20, 1977 Page S use involved is a conditional use granted for medical or dental clinics, or professional offices within an R -3, R -3A, R -3A, R -3C, R -3D and R..4 Zoning Districts. The City Clerk read Ordinance #13, 1977 on first reading in full. The Ordinance will be workshopped at the meeting on October 27, 1977. The City Attorney was directed to review the ordinance taking into consideration the comments of the Council. ORDINANCE #160 Ordinance #16, 1977 restricting the parking of commercial vehicles �7--. in residential areas was placed on first reading by a unanimous vote of the Council. lice Mayor Laurie commented that the ordinance was prompted by a petition from residents of the City, particularly those residents living in the PGA area, and this ordinance addressed itself only to restricting vehicles over one ton rated capacity. The City Clerk read Ordinance #16, 1977 by title only, on first reading, by a unanimous vote of the Council. The Ordinance will be workshopped at the meeting on October 27, 1977 and as many people as possible, who have expressed an interest in such an ordinance, will be notified. Mr. and Mrs. Richard Marks spoke from the audience commenting that they would like the Council to consider the restricting of travel trailers since they felt that they were an eyesore in the community. ITEMS FOR DISCUSSION; INTER -LOCAL 1. At the recommendation of the City Manager John L. Orr, a motion AGREEMENT: was made, seconded and unanimously adopted authorizing the Mayor and City Clerk to sign the Inter -Local Agreement with the County which adds the City's population to the County population enabling the County to receive funds under the Community Development Act. Regular Meeting, October 20, 1977 Page 6 Councilman Kiedis expressed comern that the funds all go to certain areas and that the City does not meet the criteria, therefore never receives any funds. BALL FIELDS- 2. A recommendation from Steve Henning, Recreation Director 10 ACRES: relative to the location of the ball fields proposed to be located on the 10 acres adjacent to the City Complex, was reviewed by the City Council. City Manager John L. Orr commented that Steve had made a survey of other ball fields located in surrounding areas and determined that fields radiating from the center is not practical nor feasible. A motion was made, seconded and unanimously carried formally accepting the recommendation of the Recreation Director, specifically locating the three (3) ball fields in three corners: the NE, SE, and SW of the 10 acre parcel; that the Public works Director proceed with preparing the fields and that bid specifications be prepared if necessary for the backstops. The Council concurred that the fields should be grass fields to cut down on expenses. The City Manager was instructed to apprise the Recreation Advisory Board of this action. REPORTS: Mayor Feeney reported he had attended the Zoning Board of Appeals ZONING BOARD OF Meeting held October 19, 1977: a variance was granted to APPEALS MEETING: Jacobson's Department Store in the Oakbrook Shopping Center allowing them 3 signs in lieu of one, and the variance request by Gulf Oil Company for Nick's Gulf Service Station was recessed to the meeting on November 2, 1977 at the request of Nick Cassandra. SIGNSALONG I -95: Councilman Wiley called attention to the editorial in the newspaper relative to signs advertising service stations along I -95, and suggested that the City prepare a resolution to send to the DOT or Regular Meeting, October 20, 1977 WATER PLANT Page 7 other regulatory Department rrequesting in lieu of pylon type signs, that service stations be indicated by interstate-type green and white signs some distance before each interchange containing the logo of each station. Vice Mayor Laurie reported he had attended a tour of the Water Plant located on Hood goad, which is undergoing expansion. GOLF TOURNAMENT: Councilman Kiedis thanked Stu Barr, who was in the audience, for supplying pepsi to the golfers who played in the City Tournament. Mayor Feeney expressed thanks to the owners of the Frenchman's Creek for allowing the City to hold their golf tournament at that course. MERIT SYSTEM Councilman [Wiley reported he had attended the Merit System Board BOARD MEETING: Meeting held October 17, 1977, and advised that the next meeting would be an organizational meeting. ITEMS BY CITY MANAGER: The City Manager John L. Orr presented the following items for consideration by the Council and the following action was taken: SOCCER_ GAME - 1. A request from the Palm Beach Gardens High School to hold a PLANT DRIVE: soccer game at Plant Drive, the date to be determined, was unanimously approved by the Council. CARNIVAL: 2. A request from the Jewish Community Center to hold a carnival November 22_27, 1977 adjacent to the Hetzel Brothers Pageant location on Northiake Blvd, if approval is received from Royal American Industries, Inc., was unanimously approved by the Council. They will be advised of the rules and regulations such as traffic control, clean up, etc. Regular Meeting, October 20, 1977 Page 8 FEDERAL FUNDING 3. By a unanimoup motion of the Council, the City Manager was ASSISTED P AMS : authorized to carry out the review and comment function, regarding federal funding assisted programs, as per the project notification and review system in accordance with office of management and budget circular A_95, presented by the Area Planning Board of Palm Beach ounty. EASEMENT AGREEMENT 4.A motion was made, seconded and unanimously carried authorizing PLAT #4: the Mayor and City Clerk to execute the easement agreement for 5001 along the canal located on the east boundary line of Plat 4, with Palm Beach County Utilities Company, with the proviso that all improvements be underground, and with the option that the east -west portion being above ground. Attorney Brant advised that he had received this easement agreement at 4:30 P.M. this date in his office. The City Attorney and the City Engineer will review and amend, if necessary, the agreement before final approval. CHRISTMAS TREE 5. By unanimous vote of the Council, approval was given to the SALES: YMCA to sell Christmas trees on the vacant property on the south side of PGA Blvd., east of the PGA Hardware, and that the license fee be waived since they are a charitable organization; and approval was given to Mr. John Knowles to sell Christmas trees on the vacant property on the northeast corner of PGA Blvd. and Prosperity Farms Road, and a license fee will be required. The time period for both requests will be December 11 -25th. PARKWAY VILLAGE 6. City Manager John L. Orr reported on the status of the Parkway PROJECT: Tillage project proposed by Kendall Construction Company to be located to the rear and east of the Kassuba property on the southside of Northlake Blvd. east of I -95, which is located in the i'ounty. A brief discussion was held by the Council relative Regular Meeting, October 20, 1977 Page 9 to whether the property should be annexed into the City and the feasibility of allowing a road to be built on City property for access into the property. Further discussion and consideration will be held after the City Manager attends a meeting on Tuesday, October 25, 1977 with the County and Mr. Kendall. ITEMS BY MAYOR AND COUNCIL: COUNCILMAN WILEY;Councilman Wiley advised that a contractor was burying trash in a large hole at the site of a new home being constructed at Gardenia and Althea and asked that the Building Department investigate same. VICE MAYOR Vice Mayor Laurie acknowledged receipt of a thank you from the LAURIE: Singer Island Branch Bank for attending the ribbon cutting COUNCILMAN ceremony held October 20, 1977. Councilman Kiedis advised he had KK EDP also attended the ceremony. MAYOR FEENEY: Mayor Feeney expressed concern about the police cars speeding on Holly Drive evidently for no reason. ADJOURNMENT: No Further business, the meeting adjourned at 11:00 P.M. Ida S'oz Fe n Vice Mayor Laurie . I �'- "L /� / City Clerk f 's woi,lma M tino Councilman Kiedis °touiic i lmain A10, -