HomeMy WebLinkAboutMinutes Council 081574REGUlAP MEETING
CITY OF PALM BEACH GARDENS
AUGUST 15, 1974
The Regular Meeting of the City Council of Palm Beach Gardens,
Florida, was called to order by Mayor Martino at 8 :00 P.M. in the
Assembly Room, 10500 N. Military Trail, Palm Beach Gardens, and
opened with the Pledge of Allegiance to the Flag.
ROLL CALL: Roll was called by the City Clerk and present were; Mayor Martino,
Vice Mayor DeLonga, Councilman t4iley, Councilman Kiedis and
Councilman Feeney. Attorney Brant was present.
MINUTES: The minutes of the Workshop Meeting of August 8, 1974, as amended,
were unanimously approved by the Council.
ANNOUNCEMENTS: Mayor Martino made the following announcements:
1. A Tri -City Meeting would be held at the Village Hall, North
Palm Beach at 8;00 P.M. Monday, August 19, 1974.
2. A Merit System Board Meeting would be held Mondays August 26,
1974 at 7:30 P.M.
3. A Special Meeting ox the Planning and Zoning Commission would
be held Thursday, August 22, 1974 at 7 :00 P.M.
BID OPENINGS: Bids ivere received and opened', as duly advertised on August 8, 19749
for the construction of sidewalks in the City along the east side
of Holly Drive, from Lighthouse Drive to Ironwood Road. The bids
were opened and read by the City Clerk with the following results:
R.W.S. Concrete Service, 1715 Mango Circle, West Palm Beach
Item A. 411 concrete sidewalk - 5+ wide 967 sq.yd. @ $8.00 sq.yd.
Item B. 4" concrete sidewalk - 51 wide 44 sq.ud. @, 13.50 sq.yd.
Total Cost $8330.00
Regular meeting, August 150 1974
Page 2
State Paving Corporation - 2741 North 39th Ave. Hollywood, Fla.
Item A - 41* concrete sidewalk -5' wide 980 sq.yd. @$8.70 sq.yd.
$8,526.00
Item B - 4" concrete sidewalk - 5' snide 55 sq.yd. @ 12.50 sq.yd.
$687.50
Total Cost $9,213.50
William D. Adeimy, Inc. P.O. Box 124871, Lake Park, Fla.
Item A - 4" concrete sidewalk -5' wine 833.5 sq.yd. @ $9.90 sq.yd.
Item B - 4* concrete sidewalk - 5' wide 44.5 sq.yd. @ 9.90 sq.yd.
Total Cost $81,692.20
Silvestri Concrete, Per,xnc. 1604 Nanette Courts Lake Worth, Fla.
Item A - 4" concrete sidewalk - 51wide 987 sq.yd. @ 14.40 sq.yd.
Item B - 41' concrete sidewalk - 59 wide 45 sq.yd. @ 14.70 sq.yd.
Total Cost $14,874.30
The bids were referred to the City Manager and Leonard Devine,
Director of Public Works for their review and recommendation to
11-' the Council.
PETITIONS AND COI.Rii'JN ICAT IONS:
Mayor Martino announced that the Administrator of the Palm Beach
Gardens Community Hospital had scheduled a meeting for Tuesday,
August 20, 1974 regarding their proposed expansion program, which is
to include an emergency room.
RESOLUTIONSt Mayor Martino read a communication from the Beautification and
RESOLUTION #34, Environmental Committee indicating their recommendations for a
replacement to that Board.
By unanimous motion, the name of Don Kitchings was selected to be
inserted in Section 2 of Resolution #34, 1974.
Resolution #34, 1974 reappointing members and appointing a new
member to the Beautification and Environmental Committee, was read
Regular Meeting, August 15, 1974
Page 3
in full, inserting the name Don Kitchings in the blank in Section 2,
by the City Clerk and unanimously adopted by the Council. Mayor
I-„r Martino directed the City Clerk to notify Mr. Kitchings of his
appointment.
RESOLUTION #35, Resolution #35, 1974 amending Resolution #279 1972, Annuity
Insurance Coverage of Officers and Employees of the City was read
in full by the City Clerk and unanimously adopted by the Council.
The purpose of this Resolution was to remove the Fare Department from
the General Employees category into a separate category for the
Fire Department.
RESOLUTION_ #36, Resolution #36, 1974 authorizing the Mayor and City Clerk to sign
an agreement with the Sheriff's Department pertaining to the use
of the jail facilities of Palm Beach County was read in full by the
City Clerk and unanimously adopted by the Council.
RESOLUTION #379 Resolution #37, 1974 Assuring the Federal insurance Administration
1974:
that the City will enact land use control, measures as required by
the National Flood Insurance Act of 1968, was read by the City Clerk
in full and unanimously adopted by the Council.
RESOLUTION #380 Resolution #38, 1974 authorizing the Building Official to review all
building permit applications that said construction is safe from
flood hazards, and authorizing the City Engineer to review all
subdivision proposals that they are safe from flood hazards, was
read in full by the City Clerk and unanimously adopted by the
Council.
Certified copies of Resolution #37 and #38 will be forwarded to
HUD with the City's application for participation its the National
Flood Insurance program.
I
Regular Meeting, August 15, 1974
Page 4
RESOLUTION #39, Motion was made, seconded and unanimously carried to amend
Resolution #39, 1974 by adding to Section 1 after Florida the
following verbage, "for a period of one year from date ", and to add
the names of the following persons, Raymond Larrett, Henry Nolan,
Harold J acuback and Herbert Pecht.
Resolution #399 1974 appointing deputy city clerks was read in full
with the amendments, by the City Clerk and was unanimously adopted
by the Council.
ORDINANCES:
ORDINANCE #1519 Mayor Martino declared a Public Hearing, as duly advertised, on
1-974:
consideration of Ordinance #15, 1974 repealing certain now - permitted
uses in the M-1 Zoning District and creating permitted uses and
conditional use in the M -lA, Zoning District.
William Bosso, Attorney, representing Mr. Clark, owner of Camdaras,
Inc., a business located on Burns Road in the proposed M -1A Zoning
District, addressed the Council requesting that his clients business
be considered a permitted use instead of a conditional use as
written in the proposed Ordinance. He presented a petition, signed
by the 28 businessmen in the area, indicating tht Camdaras should
be a permitted use.
Mayor Martino read the petition for the benefit of the audience,
and reiterated the past history of this particular zoning problem.
He referred to the minutes of the meeting of Sept. 13, 1973 whereby
Mr. Clark had indicated that his lease for that location was for
2 years, and at that time he planned to rove his business to
another location. He also pointed out that the outdoor warehouse
was not permitted at that time, but an agreement, signed by Mr.
Clark, allowing him to perform specific types of related businesses
on the premises, was given on a conditional type arrangement to
expire on October 1, 1975.
Regular Meeting, August 15, 1974
Page 5
Mayor Martino further stated that the conditional use is there
because of the fact that no where in the City is this particular
�• type of business allowed.
Mr. Fred Cunninghams a member of the Planning and Zoning Commissions
addressed the Council giving their reasons for the conditional use
being proposed in the ordinance; Mr. Hill, the Planning Consultant,
hired by the City to update the sand use plan,had recommended that
open storage in commercial areas be isolated from abutting residential
zones. As part of the guidelines for the Council for future zoning
and land uses the Board found a policy for covering existing uses,
except for the rental of recreational equipment and sale of related
supplies, which would not be in the best interest of the City if
located in all areas of the new M -IA Zoning District where it
abuts R-2 Zoning. He stated that the conditional use would merely
make — r%datory a public hearing before the use could be permitted.
Vice Mayor DeLonga agreed that the intent of the Ordinance was not
directed toward a particular businessman but gave the Planning and
Zoning Commission and the Council an opportunity to restrict where
that particular type of business could be located within this new
zoning classification.
Councilman Wiley added that a Public Hearing and review by the
Planning and Zoning Commission was a safeguard for the protection
of the residents.
Councilman Kiedis objected to the conditional use in that an ordinance
should not be specifically aimed at any individual type of business
provided it is in the realm of good common sense.
�_. Motion was made by Councilman Wiley, seconded by Vice Mayor DeLonga
to read Ordinance #15, 1974 on second reading, by title only to
Regular Meeting, August 15, 1974
Page 6
include the changes made at the Workshop Meeting of August S. 1974
in the title, second line, non to readNnow,i and in Section 3, sub,
paragraph 3, last lime acid the word "retail" before floor space.
Vote on motion Mayor Martino, Vice Mayor DeLonga and Councilman
Wiley voted aye, Councilman Kiedis and Councilman Feeney voted nay.
Ordinance #15, 1974 was read on second reading by title only with
the amendments by the City Clerk.
Motion was made by Councilman Wiley, seconded by Vice Mayor DeLonga
to delete paragraph 7 in Section 3 and place it under Section 12 A.2
Conditional Uses by making "rental of recreational equipment and sale
of related supplies" as sub - paragraph 1 and subparagraph 2 as
currently drafted in paragraph 7, Section 3. Vote on motion -
Mayor Martino, Vice Mayor Denonga and Councilman Wiley voted aye,
Councilman Kiedis and Councilman Feeney voted nay. Motion carried
by a vote of three ayes and 2 nays.
Motion was made by Councilman Wiley, seconded by Vice Mayor DeLonga
to adopt Ordinance #15, 1974 with amendments. Vote on motion -
Mayor Martino, Vice Mayor DeLonga and Councilman Wiley voted aye,
Councilman Kiedis and Councilman Feeney voted ray. Motion carried
by a vote of three ayes and 2 nays.
Mr. Clark suggested that,because the amendraent affects another
business, and that owner was not in attendance at this meeting,
another public hearing should be held.
The Council agreed there was no necessity for another public hearing;
the proper notices had been placed in the newspaper advising of
the public hearing and notices had been sent to all the businessmen
in that area, and it was there obligation to attend.
Regular Meeting, August l5, 1974 Page 7
ORDINANCE #16, Mayor Martino declared a Public Hearing, as duly advertised, on
consideration of Ordinance #16, 1974 rezoning lands from M -1 to
M-3A Zoning Districts,
Fred Cunningham, a mbmber of the Planning and Zoning Commission,
again addressed the Council commenting on why the boundaries had
been selected on this particular ordinance. The existing M -1 Zone
was cut off at I -95 and Burns Road for the reasons that Mr. Hill,
Planning Consultant felt that I -95 formed an ideal natural barrier
for zoning, and the question of whether to extend M -lA to the west
side of I -95 was discussed, and it was the feeling with the existing
businesses there already, the only additional businesses to put in
would be a spot type commercial business which would be determi.nental
to the area west of I -95.
ordinance #16, 1974 was read on second reading by title only by the
City Clerk.
Discussion was held on clarifying the boundaries as written in the
Ordinance. Motion was made, seconded and unanimously adopted to
amend Ordinance #16, 1974 in the title, second line aftertbetween' add
the following verbage, tithe westerly right of way line of Ironwood
Road and the Easterly right of way line of I -95 and from the
Southerly right of way line of Burns Road, south to the Thompson
River, then along the Thompson River to Pearl Street and Ruby Street"
then continue in fifth lane from M »1 Research as written; in Section
1 in the description, the fourth line after Burns Road, add "south
to the Thompson River, them along the Thompson Riven , continue rest
of paragm ph as written.
Motion was made, seconded and unanimously carried to adopt "rdinance
#160 1974 rezoning Lands from M -1 to A4 -1A Zoning District, with
the amendment.
Regular Meeting, August 15, 1974
Page 8
Mr. Clark questioned the parlimentary procedure used in voting on
an ordinance and was advised by the City Attorn". that the City
Charter calls for a vote from each member of the Council.
RESTS: Mayor Martino reported on the Planning and Zoning Commission Meeting
PLANNING AND he had attended Tuesday, August 13s, 1974 as follows: a site plan
ZONING RXETING :
review was made on a branch office for the Community Sederal Savings
and Loan Bank to be located on the east side of AlA north of Publix;
consideration of land use document, copies of which were given to
the Council; and a conversation was held regarding a hearing held
by the County Planning and Zoning Board concerning property on PGA
Blvd., adjacent to City property that is being considered for multi-
family residences.
Pl3G HIGH SCHOOL Vice Mayor DeLonga reported he had met Mondays. August 12# 1974 with
ADVISORY " ' —
L'D1�fiTTEE: the Palm Beach Gardens High School Advisory Committee and advised
that Woody flukes will also serve on the Committee and their intent
is to select a senior citizen to serve. He asked for the Council's
input and will give the recommendation to the Committee.
RECREATION Councilman Feeney reported a Recreation Advisory Board Meeting was
ADVISORY BOARD
MEETING: not held as scheduled on Tuesday, August 13, 1974 due to the lack
of a quorum. A Special Meeting has been scheduled for Tuesday,
August 27, 1974.
ITEMS BY THE CITY MANAGER:
PAYMENT TO At the recommendation of the City Manager that State Paving Corp.
had met all the obligations of their contract for the improvements
to Lighthouse Drive, a motion was made, seconded and unanimously
adopted to pay State Paving Corp. the balance due on their invoice,
funds to come from the Federal Revenue Account.
Regular Meetings August 15, 1974 Page 9
COST OF SOD Councilman Feeney recommended that the median strip,on Lighthouse
DR.:
Drive where the new sidewalk had been installed) be made more
attractive. The Council agreed and directed the City Manager to
obtain a cost estimate on sod for the area.
FIRE HYDRANT Councilman Wiley made reference to the report from the City Manager
RENTAL:
that he had contacted Mr. Trapnell of the Utility Company regarding
the fire hydrant rental invoice and asked for clarification whether
to follow up on his Council assignment of the fire hydrant rental
item. The Council concurred that the City Manager should determine
what the correct amount of the invoice should be and pay the cost
of the obligation to date, and the City Manager and Councilman
Wiley work together with Mr. Trapnelll on future arrangements with
negotiations toward a cost agreement.
NOISE -ON -SITE Vice Mayor DeLonga questioned the status of the noise from the
TREATMENT T
NGW Longwood Condominium on -site treatment plant and was advised by
the City Manager the situation had not changed. The Council
directed the City Manager to resolve the problem by citing the
owner into Court, if it is found necessary.
UNSIGHTLY The City Aanager advised that the Public Works Department had
CONDIT ION -R F.AR
OF ..: planted pine trees outlining the area at the rear of the Public
maxket to block out the debris that is objectionable, particularly
to the residents of Meridian park, and will further pursue the
matter with Publixt and if necessary, cite the owner into Court.
ADJOURNMENT: No futher business, the meeting adjourned at 10:30 P.M.
Following the meeting the City manager and Council, remained to
�.. hold a Budget Workshop discussion.
Regular Meeting, August 15, 1974
i�iayor !�[ichael Martino
e Mayor Jamey Det'6 Ngaa
Alice ,,fin Kerslake, City Clerk
Fag a 1.0
`�Clouncilmaii laltd -eH.) Wiley
r� nc' ].man John Kiedis
f
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Cound Di4k ]Feeney -
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