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HomeMy WebLinkAboutMinutes Council 040573REGULAR MEETING CITY OF PALM BEACH GARDENS APRIL 5, 1973 The Regular Meeting of the City Council was called to order by Mayor Wiley at 8:00 P.M, in the Assembly Room, 10500 N. Military :Grail, 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: Councilman Dunbar, Councilman DeLonga, Councilman Martino, Vice Mayor Kiedis and t.;ayor Wiley. Attorney George Baldwin was present. REORGANIZATION The Oath of Office was administered by the City Clerk to Councilman MEET IM Kiedis and Councilman Martino. The March 20, 1973 General Election was cancelled because the two incumbents were unopposed. As per the requirements of the Charter a reorganization meeting must be held. A motion was made by Councilman Dunbar, seconded by Councilman Martino to table Items b through f on the agenda, the procedures for reorganization, until such time as a new City Manager has been selected. Motion was unanimously adopted by the Council. PRESENTATION A Certificate of Appreciation was presented by Mayor viley on behalf TO MR. TOM SCHLAUDECKER: of the Council to 11r. Tom Schlaudecker, a member and first Chairman of the Beautification and Environmental Committee. i7r. Schlaudecker has moved out of the City and no longer qualifies as a member. PROCLAMATION: Mayor Wiley read a Proclamation proclaiming April 6 -13 as "Salute To America 4eek. 11 MINUTES: The minutes of the Workshop Meeting of ;larch 22, 1973, as amended, were unanimously approved by the Council. ANNOUNCEMENTS: Mayor Wiley made the following announcements: I. A joint meeting of the City Council and the Planning and Zoning Commission will be held on Tuesday, April 10, 1973 at 8 :00 P,M. 2. A Recreation Advisory Board :fleeting will be held April 10, 1973 at 7:30 P.M. Regular Meeting, April 5, 1973 Page 2 3. The Beautification and Environmental Committee will hold a meeting on April 11, 1973 at 7:30 P.M. 4. A Public Hearing will be held on April 19, 1973 by the City Council to consider Ordinance #9, 1973 providing for the annexation of lands in Section 4- 42 -43. REPORTS: Mr. Woodrow Dukes, Recreation Director, requested that the Council FLORIDA place $500.00 in the 1973 -74 Budget to host the 1974 Florida RECREATION & PARK ASSOC. Recreation and Park Association Conference and workshop, jointly CONFERENCE with Riviera Beach on May 6, 7, and 8, 1974 at the Colonnades Hotel. Motion made and unanimously carried to grant the above request. A letter of approval and invitation will be signed by the Mayor for Mr. Dukes to present to the Association. HIRING OF Mr. Dukes reported that he had hired t-Ir. Thomas Bolinski RECREATION SUPERVISOR: as Recreation Supervisor to begin work on April 30, 1973. RULES & An objection was expressed by Mayor Wiley and Councilman DeLonga REGULATIONS FOR TENNIS COURTS: regarding the rules and regulations for the use of the new tennis courts that a provision be made to enable the residents to reserve the courts on week -ends and holidays. MONTHLY Acting City Manager James DeLonga reported the monthly reports of REPORTS : the Department Heads would be placed in the information folder for the Councilts review. SALE OF CAR 29: Acting City Manager James DeLonga reported the Director of Vehicular Maintenance has obtained 3 estimates of true value on Car #29, a 1960 Dodge Truck. The City has received an offer of $125.00 for the truck. The estimates were: Bruce King Chevrolet $100.00, Palm Beach Dodge - $50 -75 and McCulley Ford - $75.00. A motion was made and unanimously carried to accept the offer of ti $125.00 for Car #29, 1950 Dodge Truck. Regular Meeting, April 5, 1973 Page 3 PETITIONS AND COMMUNICATIONS: The following communications were acknowledged by Mayor Wiley: CABLE TV: 1. Letter from the Palm Beach Cable TV regarding the service calls for January and February. CITY DELRAY 2. Copy of a Resolution from the City of Delray Beach, similar REACH, to the one passed by the City Council, requesting the Legislative Delegation to amend the Comprehensive Planning Act of 1972 and Re- establish planning district designations. WPB SIGN 3. Copy of the West Palm Beach Sign Ordinance from Mr. Ferrin. ORDINANCE: 4. Certified copy of a resolution from the Town of Palm Beach PALM BEACH SHORES: Shores, also similar to one passed by the City Council, opposing any change in the mandatory requirement that all sewage plants as of January 1, 1973 treat effluent at a minimum of 90 percent BOD removal. MEADOWS 5. Letter from the Meadows Residence Club thanking the Council for RESIDENCE CLUB: the street light installed at the entrance to the Park. DR.HATHAWAY: 6. Communication from Dr. Hathaway regarding the Sign Ordinance. AIA Councilman Martino acknowledged receipt of a communication from RESURFACING: Arnold Ramos, State Department of Transportation concerning the resurfacing of Alt. AlA which has been programmed to begirt on July 1, 1973. SENATOR PHIL Councilman Martino acknowledged receipt of a communication from LEWIS: Senator Phil Lewis in response to his letter of March 13, 1973 stating a Temporary Operating Permit for Palm Beach Gazdens Utility Company will be issued within a few days and another letter from Senator Lewis regarding the resurfacing of Alt. AlA and tree planting. JEFF HOWELL: Vice P4ayor Kiedis acknowledged receipt of a letter from Mr. Jeff Howell who lives on Honeysuckle Ave. thanking him for the assistance received from the Public Works Department in trimming trees on that Avenue. Regular meeting, April 5, 1973 Page 4 CITY MANAGER Mayor Wiley reported receipt of 91 applications for the position of APPLICATIONS: City manager. The Screening Committee will provide the Council with a list in ranking order so that the Council may began interviewing t he applicants. A Special meeting will be held the week of April 9th to further review the screened applications. ITEMS FOR DISCUSSION: ORDINANCE #5 A Public Hearing was held on Ordinance #5, 19739 the Sign Ordinance. SIGN ORDINANCE: Mayor Wiley stated " This Public Hearing is not required by law but the Council feels this has a significant impact to the business community and to the residents. We are looking for a constructive way to provide the beautification that is necessary in looking for a good sign ordinance and yet allow the types of sign that the business community, and we I think agree, are necessary." HOWARD PERRIN: Mr. Howard Perrin, Perrin Sign Company, briefly reiterated some of the comments and his experience in serving on the West Palm Beach Sign Ordinance Committee that he made at the City Council Meeting on Plarch 22, 1973. MR. TOM Mr. Schlaudecker, past Chairman and member of the Beautification and SCHJAUDECKER : Environmental Committee said n In considering visual pollution, which we consider this, we should consider the impact on the residents of the area. It is the City's prerogative to control signs and other aspects of environment by virtue of the Police Department and it is well established judicially. The Council has the power to decide what the City will look like - what the total environment will be. The visual pollution needs close attention - signs and other things - are indeed pollution and have determential effects to the City and the citizens therein." Many businessmen in the City spoke including - Chuck Fermouth .Abbey Road Restaurant; Serge Griffith, owner of drug store; Dr. Ginn; Ed Desrochers and Ray Desrochers, construction company,` owner of Regular Meeting, April 5, 1973 Page 5 the Highlander Laundry; Rick Goodsell; John Hardwick who laves in the Gardens and operates a business in West Palm Beach; Russell Thompson, Manager of Publix; and Mr. Frogel, Manager of Holiday Inn. Their main concern was that free standing signs should not be ruled out, that existing signs should not be penalized and that the square footage of wall signs was not great enough. A majority of the speakers suggested a businessman be appointed to the committee to further study the proposed ordinance. Mr. Ray Desrochers presented the Council with a petition, signed by businessmen, requesting a committee be appointed with 1 representation from the business community. MAYOR WILEY: " I agree that 20 sq.ft. in some areas is not enough. I am personally in favor of an area rule or some other type of proportionate sign restriction that says the sign relative to the size of the building is allowed rather than an arbitrary square footage. Plus I would like to see more listings of definitions." -� COUNCILMAN "I would not go for the present proposed sign ordinance. I find some of DUNBAR• T� the size areas restrictive. I personally don't see anything wrong with the Palm Beach Gardens Hospital free standing sign. That would be restricted the way this code is written. Therefore I think the topography the open land, the shrubbery around it should be taken into consideration. I also agree that in some areas 20 sq. ft. sign is not adequate when you take into consideration the size of the building that it is on. I saw the [vest nalm Beach sign code - they have a graph here. I don't know if I agree wholeheartedly with it - I haven't had a chance to review it. Those are the two areas that I would like to explore and change the sign ordinance as it is presently written." COUNCILMAN "I am going to disagree with the comments I have heard so far. In my MARTINO: opinion if we are going to to Ik about an ordinance, we have to talk about restrictions and as one fifth of this Council there are going to be some restrictions in the ordinance. There is going to Regular Meeting, April 5, 1973 Page 6 be some compromise also from what I have heard tonight - from the information that I have in my folder and from three or four other sign ordinances in addition to what we have. I don't like free standing signs, particularily the type that are in the vicinity of Northlake Blvd and U.S.1 area stacked one on top of another. I do appreciate the architectural attempt for the type of free standing signs such as the one in front of the First National Bank. I find that appealing. These are the type of things that go through my mind. I am not going to be one sided - I am going to try and approach it in a compromising position. The business people who have been here tonight have brought up excellent points. The Committee that we had have also brought up some excellent points. I think it is our job to rut together an ordinance that will suit Palm Beach Gardens - its residents and business community." VICE MAYOR "I have a couple of ideas about building signs, that is wall signs. KIEDIS: �- About setting up a maximum square footage of the sign to be determined by the relationship of the building set back from the center line of the thoroughfare. This does not apply to shopping plazas - they would have to be handled differently. And multi story buildings could increase the square footage of the sign as the sign is raised from the third, fifth, seventh story etc. to give it the same impact from ground level. And as far as ground signs and pole signs are concerned, I feel they should be permitted when no building sign is used providing the building is set back a pre- determined distance and a landscaped area of a sufficient size to give the sign a pleasing background to be used as the location of the sign. In other words, the landscaped area would have to be a ,place in which the pole sign is placed. And again the maximum size of the ground sign should be determined with some variation permitted with this size related to the set back and the size of the Regular Meeting, April 5, 1973 Page 7 open land area. If the area was small the sign would have to be smaller. If you had a larger landscaped area that was given to open space why the sign could be larger. And in a shopping plaza, a single shopping plaza ground sign would be permitted with the tennants names. The size depending on the total plaza area, set backs to the closest building to the street, and landscaped area in which the sign is placed." COUNCILMAN "Some day I envision about 35,000 people. This is our projected DE LONGA:: population. Some day I hope to become a business man in the City of Palm Beach Gardens. It is safe to say you have sitting on your City Council 5 present or potential businessmen in this Community. I know the type of community I want to live in. I think when I envision this City of 35,000 people regardless of the type of sign ordinance that this Council passes, there is not going to be any lack of Personally I am very proud of our Beautification and Environmental Committee. I think they did an excellent job. I don't think anyone should have the misconception that this Council wasn't fully aware of each item that was in this ordinance over the past year and a half, because the Council has discussed every element of this ordinance throughout that year and a half. The only reason it is taking us so long is because the Council has had a higher priority type job to consider. So it is the Councilts fault it hasn't been acted upon sooner. I think in my own mind I don't see any real major revisions to this sign ordinance.except in that area that the Mayor and other members of the Council expressed and that is the area of the ratio to the surface area of the building. When this ordinance goes on second reading there will be no comments from the floor so when you receive ,a copy of our sign ordinance, please come back to us before the second reading with your comments ". Regular Meeting, April 5, 1973 Page 8 The Council set as a target date the first Regular Meeting in May on May 31 1973 for the second reading of Ordinance #5, 1973 the Sign Ordinance. Mayor S,iley stated that the Council will workshop the Ordinance more than once before the second reading and suggested that the businessmen get together and give the Council a consolidated .recommendation in writing or individually if preferred. ITEMS BY THE ACTING CITY MANAGER: PURCHASE ORDER At the request of the Acting City Manager the Council approved a FOR FIREWORKS: Purchase Order not to exceed $1250.00 for the purchase of fireworks for the 4th of July celebration, to be charged to account 01 -416. PURCHASE OF The Council granted the request of the Acting City Manager and WESTCOASTER: authorized the purchase of a used Westcoaster vehicle in the amount of $850.00 to be used by the Recreation Department, to be charged to the Public Works Department Account #15 -600. BOY SCOUT The Council granted permission to Mr. Tom Fletcher of the Gulf Stream PALLY: Boy Scout Council to hold a Scout Rally on October 26-27 in the Lake Catherine area. They will provide their own police, sanitary .facilities and insurance coverage. PURCHASE OF The Council authorized the Acting City Manager to allow the Youth BLEECHFRS: Athletic Association to place an order, in the City's name, for a set of ble ahers in the amount of $322.00 for the T -ball field, with the intent that the City be reimbursed by the Association in the amount of $322.00. The Acting City Manager reported the ball field fences will be installed the week of April 9, 1973, and the telephone will be installed at Lake Catherine on Friday, April 6, 1973. In reference to a letter received from the Travelers Insurance Company regarding an error in Ordinance 1, 1973, Attorney Baldwin advised the typographical error could be changed to reflect Contract GR -1329B instead of GR -1329A and initialed by the City Clerk and the Mayor. Regular Meeting, April 5, 1973 Page 9 FIRE STATION: A communication will be sent to the Volunteer Firemen by the Acting City Manager in answer to their questions regarding the Fire Station. Included will be a request to Chief Summers that a recommendation be made to the Council as to a method of securing the building; with respect to driving the fire vehicles, it is a policy of the City to discourage anyone under 25 to drive, however anyone over 16 may drive the vehicles if they have a valid drivers license; and the meeting room will be cleaned on a weekly basis by the Public works Department including the rest rooms. VACANCY IN The Acting City Manager reported he was going to advertise for a CITY: Clerk Typist or Secretary position as thefe is a vacancy in the City. The Council will determine the classification before advertising. REVENUE SHARING The City Attorney was instructed to prepare an Ordinance transferring FUNDS: funds from the Revenue Sharing Fund to be used for merit raises and �- cost of living funds. ITEMS BY THE MAYOR AND COUNCIL: COMMISSIONER Mayor Wiley reported that County Commission Culpepper has agreed to CULPEPPER: attend the Council Meeting of April 12, 1973 and the Council was asked to advise him of any items they would like discussed. PANELING OF Mayor Wiley announced that the Jaycees will panel the entire west room ROOM IN FIRE STATION: in the Fire Station as opposed to one wall as originally planned. The Council concurred. PERFORMANCE The Council agreed to hold a meeting the following week regarding the RATINGS: performance rating of City employees and to determine the dollars involved. VICE MAYOR Vice Mayor Kiedis recommended that the 3 open spaces at the City KIED_I S : Complex where the generators and bicycle racks are located be filled in with concrete. Councilman Dunbar also suggested the area at the RESOLUTIONS: RESOLUTION #17: Resolution #17, 1973 authorizing the use of a mobile home trailer at 3080 West Lake Park Road was read by the City Clerk in full and unanimously adopted by the City Council. RESOLUTION #18: Resolution #18, 1973 appointing members to the Merit System Board was read in full by the City Clerk and unanimously adopted by the City Council. RESOLUTION #19: Resolution #19, 1973 requesting that Peanut Island be developed with recreation facilities for the public was read by the City Clerk and unanimously adopted by the City Council. ORDINANCES: ORDINANCE #6: Ordinance #6, 1973 providing for mandatory retirement of all City Employees was read by title only, on second reading, by the City Clerk. Motion made by Councilman Martino, seconded by Councilman DeLonga to adopt Ordinance #6, 1973. Vote on motion - Councilman Martino, Regular Meeting, April 50 1973 Page 10 Fire Station be done at the same time. Acting City Manager James DeLonga was directed by the Council to have this work done. Vice riayor Kiedis reported the barrels at the soda machine on the first floor of the City Complex are unsightly. He suggested the basketball courts at Plant Drive be resurfaced and provided with better lighting; that an irrigation system be provided at the City Complex and the PGA be contacted regarding obtaining sprigs for the 10 acres adjacent to the City Complex. COUNCILMAN Councilman Martino reported he would advise the Council of his MARTINO: meeting with the School Principals held March 23, 1973 at the next Council meeting. COUNCILMAN Councilman Dunbar was advised by the Acting City Manager that the DUNBAR: resurfacing of the tennis courts is completed and will be open for play by the week -end. RESOLUTIONS: RESOLUTION #17: Resolution #17, 1973 authorizing the use of a mobile home trailer at 3080 West Lake Park Road was read by the City Clerk in full and unanimously adopted by the City Council. RESOLUTION #18: Resolution #18, 1973 appointing members to the Merit System Board was read in full by the City Clerk and unanimously adopted by the City Council. RESOLUTION #19: Resolution #19, 1973 requesting that Peanut Island be developed with recreation facilities for the public was read by the City Clerk and unanimously adopted by the City Council. ORDINANCES: ORDINANCE #6: Ordinance #6, 1973 providing for mandatory retirement of all City Employees was read by title only, on second reading, by the City Clerk. Motion made by Councilman Martino, seconded by Councilman DeLonga to adopt Ordinance #6, 1973. Vote on motion - Councilman Martino, Regular Meeting, April 50 1973 Page 11 Councilman D eLonga and Mayor Wiley voted aye, Vice Mayor Kiedis and Councilman Dunbar voted nay. Motion carried by a vote of 3 ayes and 2 nays. ORDINANCE #8: Ordinance #8, 1973 amending Ordinance #18, 1973, the Budget Ordinance was read by title only, on second reading, by the City Clerk and unanimously adopted by the City Council. ORDINANCE #9: Ordinance #9, 1973 providing for the annexation of lands in Section 4 -42 -43 was read in full by the City Clerk on first reading. A Public Hearing and second reading of Ordinance #9, 1973 will be held at the Regular Meeting on April 19, 1973, ADJOURNMENT. No further business the meeting adjourned at 11:11 P.M. MAYOR WALTER WILEY 1 MAYOR JOHN KIEDIS Alice J Kerslake, CO NC MAN JAMES 'M -LOEA=-� )60UNCIL GORDON DUNS COUNCILMAN MICHAEL MARTINO WIrm I �r t 4 h k { J � { F PETITION It has come to the undersigned's attention that the City of Palm Beach Gardens has been considering a new sign ordinance for the past eight (8) months. We, the undersigned, do hereby request that -the City of Palm Beach Gardens, Florida, consider electing a committee with representation from'the business community of Palm Beach Gardens for the- eXptess purpose of aiding the City Council in re- writing t-&e City s new sign ordinance in order to aid the City in fight- ing visuua pollution, but at the same time Bing to the entire community a sign ordinance that all members o the community can live with. �.. / NAME BUSINESS CZ ez L/ r i 9 i i i y, i { V� l Pkk PETITION It has come to the undersigned's attention that the City of Palm Beach Gardens has been considering a new sign ordinance for the past eight (8) months. We, the undersigned, do hereby request that the City of Palm Beach Gardens, Florida, consider electing a committee with representation from the business community of Palm Beach Gardens for the express purpose of aiding the City Council in re- writing the City's new sign ordinance in order to aid the City in fight- ing visual pollution, but at the same time giving to the entire community a sign ordinance that all members of the community can live with. NAME BUSINESS -- , "•'f,%�. Wit; ..,- �� r,•''�'�-P .!��,1- �t!,�� - - &V 141l1_ 1111-H S 1,4 ., - -- — C)V W �$ oS lk e-