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HomeMy WebLinkAboutMinutes Council 111876REGULAR MEETING CITY OF PALM BEACH GARDENS NOVhMBER 18, 1976 The Regular Meeting of the City Council of Palm Beach Gardens was called to order by Mayor Martino at 8:00 P.M. in the Assembly Room, 10500 N. Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The roll was called by the Deputy City Clerk and present were: Mayor Martino, Vice Mayor Feeney, Councilman Kiedis, Councilman Laurie, and Councilman Rossow. Attorney Brant and City Manager John L. Orr were also in attendance. MINUTES: The minutes of the Workshop Meeting of November 11, 1976, were unanimously approved, as amended, by the Council. ANNOUNCEMENTS: Mayor Martino made the following announcements: Committee of Adjustment Meeting - Monday, Nov. 22, 1976, at 7:30 P.M. r Planning and Zoning Commission Meeting - Tues., Nov. 23, 1976, at 7:30 P.M. The administrative offices of the City will be closed Nov. 25 and Nov. 26, 1976, for the Thanksgiving Holiday. The Swine Flu shots will be given on November 30, 1976, from 1:00 P.M. to 7 :00 P.M. at the North County Courthouse Complex. City Council Regular Meeting, 11 /18/76 Page 2 PETITIONS AND COMMUNICATIONS: Communications were acknowledged by Mayor Martino from the following: VICE MAYOR 1. Vice Mayor Dick Feeney addressing Governor Reubin Askew, FEENEY seeking legislative justice relative to the motor vehicle AUTO INSURANCE RATES insurance coverage rates. COUNTY ENG. 2. Charles R. Walter of the County Engineer's Office, advising OFFICE the County Commissioners approved the Traffic Control TRAFFIC CONTROL AGREEMENT Agreement between the County and the City for a traffic signal located at the intersection of P.G.A. Boulevard and the Entrance /Exit to the Florida's Turnpike. MARY AND KAREN 3. Mary and Karen Ann Kelly of 568 Riverside Drive, PBG, ANN KELLY requesting that horses be permitted to be kept within the City. RESOLUTIONS: Resolution #46, 1976, requesting that immediate legislation RESOLUTION be initiated to correct the inequities resulting from the #46t 1976 AUTO INSUR, current law and administrative orders regulating insurance RATES coverage of motor vehicles, was read in full by the Deputy City Clerk and unanimously adopted by the City Council. RESOLU T70N Resolution #47, 1976, urging the Federal Communications 47� 1976 Commission to deny the pending petition of Madalyn Murray RELIGIOUS BROADCASTS O'Hair, Petition No. RM 2493, that would remove religious services from television and radio broadcasts, was read in City Council Regular Meeting, 11/18/76 Page 3 full by the Deputy City Clerk and unanimously adopted by the City Council. RESOLUTION The City Manager recommended that the City Council retain #4$t 1976 Obst Associates, P.A., as architects for the City, for the ARCHITECT FOR PUBLIC purpose of processing the necessary preliminary plans and LIBRARY application for funds enabled by the U. S. Local Public Works Capital Development and Investment Act for the con- struction of a public library facility on the lands of the City Hall Complex. Ms. Emily Obst of Obst Associates addressed the City Council advising of her experience in assisting in the application for funds of a similar nature in the past, viable plans she already has on -hand for a workable library; and the cost to develop the proposed project plans. In answer to Mayor Martino's question, Ms. Obst advised that the exterior elevations of the library would be compatible with the municipal complex and the fire station. Resolution #48, 1976, retaining an architect for the purpose of processing an application to obtain funds pursuant to the U. S. Local Public Works Capital Development and Investment Act for a City library on an emergency basis, and inserting the firm Obst Associates, P.A. in Section 1 and a fee of $35.00 per hour not to exceed $1,000.00, was read in full by the Deputy City Clerk. A motion was made by Councilman Laurie, City Council-Regular Meeting, 11/18/76 Page 4 seconded by Councilman Kiedis, that Resolution #48, 1976, be I—, adopted as read by the Deputy City Clerk. Vote on motion: Mayor Martino, Vice Mayor Feeney, Councilman Laurie, and Councilman Kiedis voted aye; Councilman Rossow voted nay. The motion passed with four ayes and one nay. Councilman Rossow stated for the record he voted against the adoption of Resolution #48, 1976, as he disagreed with declaring an emergency to retain an architect to apply for funds that may not become a reality to the City. ORDINANCE Mayor Martino declared the Public Hearing open, which was #] 8. 1976 duly advertised on November 2, 1976, and held for the purpose REZONING OF of the City Council's consideration of Ordinance #18, 1976, L NDS WITHIN SECTION rezoning an approximate two -acre parcel of land located 6 -42 -43 within Section 6- 42 -43, south of and adjacent to the First Baptist Church of Palm Beach Gardens on the southeast corner of Atlantic Boulevard and Alternate A -1 -A, from A -1, Agri- cultural Zoning District, to C -2, General Commercial District, per the petition of Mr. V. A. (Jim) Strianese. Mayor Martino acknowledged the fact that the Planning and Zoning Commission at their duly advertised Public Hearing on October 12, 1976, adopted a motion recommending that the City Council grant the subject request. Mr. Jim Strianese of V. S. H. Realty, Inc. and representative of Cumberland Farms, Inc. addressed the City Council offering City Council Regular Meeting, 11/18/76 Page S that the C -2 Zoning Classification is requested to enable the �. development of a Cumberland Farms Store, together with a self - service gasoline island. In answer to Mayor Martino's question, Mr. Strianese advised a more restrictive commercial zoning classification of the City that would not permit a self - service gasoline island would not be satisfactory. Mr. Sherman Swan, Pastor of the First Baptist Church of Palm Beach Gardens, an affiliate of the American Baptist Home Mission Society which owns the subject parcel, stated he didn't have any personal preference relative to the grantino/ denying of the subject request. Several members of the Church's congregation and residents of the Cabana Colony unincorporated subdivision addressed the City Council strenuously encouraging the rezoning of the land enabling the development of the Cumberland Farms Store, which, in their opinion, is very much needed in the area. Mr. Clarence Cornelius, Chairman of the Board of Trustees of the First Baptist Church, offered that the sale of the land, which would become a reality if rezoned, would provide the Church financial relief. City Council Regular Meeting, 11 /18/76 Page 6 The members of the Council noted that the City's Land Use Plan recommends low - density residential zoning for the proposed site and adjacent lands; and, if rezoned commercial, the size of the subject parcel would contribute to spot- zoning, which is highly discouraged by professional land planners. With no further comments from the members of the audience, Mayor Martino declared the Public Hearing closed. ordinance #18, 1976, rezoning lands located within Section 6 -42 -43 from A -1, Agricultural Zoning District, to C -2, General Commercial District, per the petition of Mr. V. A. 1. (Jim) Strianese, was read by title only on second reading by the Deputy City Clerk. A motion was made by Councilman Kiedis, seconded by Councilman Laurie, and unanimously passed that Ordinance #18, 1976, not be adopted by the City Council. ORDINANCE Mayor Martino declared the Public Hearing open on considera- #161 1976 tion of ordinance #16, 1976, establishing a Planned Unit SANDALWOOD PUD Development of lands lying within Sections 7 and 8, Township 42 South, Range 43 East, per the petition of Mr. Otto DiVosta, which was recessed at the City Council's Regular Meeting of November 4, 1976. City Council Regular Meeting, 11/18/76 Page 7 Mr. DiVosta, Developer, presented revised plans and render- ings of the proposed 46.21 -acre Sandalwood Planned Unit Development. Attorney Brant reviewed with those present the revisions incorporated within the redrafted Ordinance #16, 1976, sub- sequent to the joint meeting exercised on Tuesday, November 169 1976, by Mr. Otto DiVosta, Developer; John L. Orr, City Manager; Howard Searcy, the City's consulting Engineer; Tim Messler, Engineer for the project; Mr. Gordon, Mr. DiVosta's Attorney; and Attorney Brant. Mr. Howard Searcy, the City's consulting Engineer, expounded on the proposed drainage system of the project; and advised that the system will provide an adequate measure of relief to the area of the existing Meridian Park subdivision. The members of the Council examined the exhibits of Ordinance #161 19761 as amended by Mr. DiVosta's staff, referencing their concerns at the Workshop Meeting of November 11, 1976, relative to the layout and proposed amenities of the recreational facilities, the reflection of the fifty -foot dedicated road rights -of -way around the loop road; and the removal of the bicycle /pedestrian path from said dedicated rights -of -way. Attorney Brant advised that "Exhibit D" clarifies the definition of the North Palm Beach /Intracoastal Waterway. City Council Regular Meeting, 11/18/76 'I— Page 8 Mr. Searcy offered that he will verify the accuracy of the legal description of the recreational lands to be provided by Mr. DiVosta and attached to Ordinance #16, 1976, as "Exhibit C11. In answer to Mayor Martino's question, Mr. DiVosta offered that he would be willing to contribute monies toward making a traffic control signal at the intersection of Burns Road and Alternate A-1 -A a reality, as it would be an asset to the residents of Sandalwood. With no further comments from the members of the audience, Mayor Martino declared the Public Hearing closed. Ordinance #16, 1976, establishing a Planned Unit Development of lands lying within Sections 7 and 8, Township 42 South, Range 43 East, per the petition of Mr. Otto DiVosta, was Tread in full on second reading by the Deputy City Clerk with amendments to the second paragraph of Section 1, sub - paragraphs C and D of Section 2, the first paragraph of Section 4, and the first and fourth paragraph of Section 5, and unanimously adopted by the City Council. It was determined that the recorded tapes containing discus- sions on Ordinance #16, 1976, be kept indefinitely. ORDINANCE Ordinance #19, 1976, creating a uniform maximum penalty for #19r 1976 MAX. PENAL. misdemeanor violations of all City Ordinances, was read by FOR MISDE- MEANOR title only on first reading by the Deputy City Clerk. A VIOLATIONS Public Hearing and second reading will be held at the Regular Meeting on December 16, 1976. City Council Regular Meeting, 11/18/76 Page 9 REPORTS: Mayor Martino reported he attended the meeting of the Hetzel MAYOR Brothers Pageant Committee on Wednesday, November 17, 1976; MARTINO and learned that the Pageant will commence on December 19, 1976, on the northwest corner of Northlake Boulevard and MacArthur Boulevard. COUNCILMAN Councilman Kiedis reported that the City's Landscape Com- KIEDIS mittee of Adjustments at their meeting of November 15, 1976, granted landscape variances to PGA Hardware and Junod's Service Station, with stipulations; and an extension of time to the YMCA for compliance to the City's Landscape Ordinance. Councilman Kiedis requested that the City's next Newsletter 1-0 indicate that the donation of trees would be appreciated by the YMCA. Councilman Kiedis reported that he attended the General Membership meeting of the PBGYAA on Thursday, November 11, 1976, and they are seeking basketball coaches; and indicated the need of the preparation of the baseball diamonds located on the ten acres of land located contiguous to the City Hall Complex for the upcoming season. ITEMS BY THE CITY MANAGER: JOHN L. ORR The City Manager reported that the Town of Lake Park will host a Tri -City Meeting December 13, 1976. City Council Regular Meeting, 11/18/76 Page 10 At the recommendation of the City Manager, a motion was unanimously adopted that the Palm Beach Gardens High School Ci.vitans be granted permission to hold a Christmas Bazarr west of the City's Fire Station on December 18, 1976. ITEMS BY THE CITY COUNCIL: VICE MAYOR Vice Mayor Feeney offered to obtain data on chairs to be FE EN EY placed at the City Council's podiums in the Assembly Room, for the Council's consideration of purchase. COUNCILMAN Public Officials Liability Insurance coverage will be LAURIE discussed at the City Council's Regular Meeting of December 2, 1976. Councilman Laurie requested that the micorphones in the Assembly Room be repaired; and one be located at the desk of the City Clerk. COUNCILMAN Councilman Kiedis reported that this date he met with Steve KIEDIS Henning, Director of Recreation, and Leonard Devine, Director of Public Works, at The President condominiums to observe the Halide lights located at the tennis courts; and determined they are very satisfactory for the City's usage. COUNCILMAN A motion was made by Councilman Kiedis, seconded by Vice FEENEY Mayor Feeney, that the City pledge $100 to the Palm Beach Gardens, Booster Club for their fund- raisin-3 drive to purchase jackets for the Palm Beach Gardens High School's football City Council Regular Meeting, 11/18/76 Page 11 team as a community promotional measure in recognition of their successful efforts this part football season, monies to be taken from the Council Contingency Fund. Vote on notion: Mayor Martino, Councilman Laurie, and Councilman Rossow voted nay; Vice Mayor Feeney and Councilman Kiedis voted aye. The motion was defeated with three nays and two ayes. Mayor Martino, Councilman Laurie, and Councilman Rossow indicated that they did not vote in favor of the motion as they felt it would set a precedence for future requests of the like by other organizations. -1-1 Councilman Feeney requested that the remaining political signs located within the City be removed, the candidates be made aware of the time limitation for the removal of their signs, and the forbiddance of affixing signs to trees within the City; and a penalty for non - conformance be established within the City's Sign Code. ADJOURNMENT With no further business, the meeting adjourned at 12:40 A.M.. City Council Regular Meeting, 11/18/76 Page 12 a MAYOR MARTINO COUNCI L114AN LAURIE CE I t�O FE �._-/-y_r)"" "(,//, �ifiaa M. Ard, Deputy-City—Clerk C NCILMAN KIEDIS COUNCI N ROS SOW