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