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HomeMy WebLinkAboutMinutes Council 071973i REGULAR MEETING CITY OF PALM BEACH GARDI.NS JULY 19, 1973 The Regular Meeting of the City Council of Palm Beach Gardens was called to order by Mayor Kiedis 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: Roll was called by the City Clerk and present were: Councilman Wiley, Councilman DeLonga, Councilman Martino, Vice Mayor Dunbar and Mayor Kiedis. OATH OF The Oath of Office was given to Mayor Kiedis and vice Mayor Dunbar OFFICE: by the City Clerk. MINUTES: The Minutes of the Workshop Meeting of July 12, 1973, as amended, were unanimously adopted by the Council. ANNOUNCEMENTS: The following announcements were made by Mayor Kiedis: A Beautification and Environmental Committee Meeting would be held on July 25, 1973 at 8:00 P.M.; a Planning and Zoning Commission Meeting would be held on July 24, 1973 at 8 :00 P.M.; the Summer [find -up Program Jamboree would be held on July 25, 1973 at 8 :00 P.M. at the Palm Beach Gardens High School Gym; an Area Planning Board Public Hearing would be held at the Palm Beach County Courthouse on August 8, 1973 for presentation of County Water Quality Management Plan; and the Palm Beach Gardens Youth Athletic Association Football registration would be held on July 21st and July 28th from 1 -4 P.M. at the Council Meeting Room. REPORTS: Councilman Martino will make his report on the Sign Ordinance after SIGN he has met with Attorney Brant. The Council agreed with Councilman ORDINANCE: Martino's suggestion to place the discussion on the sign Ordinance as an agenda item for the month of August beginning with the August 9th meeting. Pegular Meeting, July 19, 1973 Page 2 PLANNING AND Councilman u'iley reported on the Planning and Zoning Commission ZONING COMMISSION: meeting held July 17, 1973 which was a Public Hearing on Ordinance #159 1973 revising the R -3 zoning designations. The highlights were: a recommendation to the Council that the last paragraph in Ordinance #159 1973 be deleted regarding the number of public hearings required on proposed zoning changes, and to maintain the code as presently written; a recommendation to the Council that Col. Effinger serve as a Planning Consultant to the Board at $30.00 per hour for approximately 90 hours of work; oaths of office were given to the Board members and a reorganization meeting would be held on July 24, 1973; requested clarification as to where zoning changes must initiate- Councilman Wiley stated the powers and duties of the Board were spelled out in the Code; and a discussion on the procedures of the Board would be PARKING held at the next meeting on July 24, 1973. The subject of parking SPACE REQUIRE;TINTS: spaces was also discussed. Regarding the request from the Planning and Zoning Commission for clarification regarding parking spaces, Councilman DeLonga suggested forwarding all the material prepared by the City Manager and the Building Department on parking spaces to the Board as there was no need for the Council to get involved. Council- man Martino agreed that it was part of the zoning code and such matters should be referred to the Planning and Zoning Board first for their recommendation. RESOLUTION Councilman Wiley asked that Resolution #39, 1973 encouraging the #39t 1973 R construction of the new sewage treatment plant be placed on the agenda. AGENDA: EMERGENCY Howard Kuhns, consulting engineer, reported on his proposal for PROCEDURES: updating the emergency procedures for the Municipal Complex and the Fire Station (proposal dated July 181 1973 attached). He suggested the first two items could be let for bid and performed immediately and the other items could be made in one package and let for bids for a total price of $21,850.00. Additional engineering fees not Regular Meeting, July 19, 1973 Page 3 to exceed $1350.00 were listed. A motion was made and unanimously adopted that the City Council accept the proposal presented by Mr.Kuhns including the engineering fees, and that the City Manager investigate the possibility of obtaining Federal Disaster Funds for this project. COMMISSIONER Mayor Kiedis reported he had talked to County Commissioner Culpepper CULPEPPER: regarding the rejection of the Area Planning Board to the proposed site for the new sewage treatment plant and Mr. Culpepper will try to arrange an earlier meeting of the County Commission to discuss the site approval of the proposed plant. PETITIONS AND Councilman Miley acknowledged receipt of a letter from Mr. Strahm, Dept. CO_MMUN ICAT IONS : of Pollution Control indicating that the TOP issued by the State is in DEPT. OF POLLUTION itself a variance that allows the Palm Beach County Utilities plant to CONTROL: temporarily exceed the limits of State rules and laws, further indicat- ing that the previous recommendation from Mr. Oven be followed or a subsequent approach to Mr. Fred Trapne3l's letter of July 5th be explored y SOUTH FLA. Mayor Kiedis acknowledged receipt of a correspondence from the REGIONAL PLANNING South Florida Regional Planning Council which will be placed in the COUNCIL: information folder. ITEM FOR DISCUSSION: COUNCIL 1. The following revisions were made to the list of Council REPRESENTATIVES TO ADVISORY representatives to the various Advisory Boards - Councilman Wiley, BOARD in Mayor Kiedist absence when he is on vacation, will represent the Council on the Lighthouse Drive project; Vice Mayor Dunbar agreed to work on the Fire Chief Selection together with Councilman DeLonga and the City Manager; Councilman Martino will be assigned to the beautification of the entrance to Lighthouse Drive and Vice Mayor Dunbar to the beautification of the entrance to Mac Arthur Blvd. Regular Meeting, July 19, 1973 Page 4 M -1 ZONING A discussion was held on retail business outlets on Burns Road in ON BURNS ROAD: the M -1 zoning. Councilman Wiley read from the minutes of the June 21, 1973 Planning and Zoning Board meeting a recommendation that the Board was not in favor of changing the M -1 Zoning Classification and would look at the Burns Road situation at a later date when the Board reviewed the Land Use Plan. Councilman DeLonga stated he did not see the emergency or necessity for hurrying with a rdcommendation; that the Planning and Zoning Board were charged with these responsibilities and were willing and capable of making these recommendations and that the necessary ordinances were on the books and it was a matter of enforcing them. Vice Mayor Dunbar stated it was a violation of the ordinance and should be given attention to by the Council and taken out of the hands of the Planning and Zoning Board; and further that the problem was an administrative matter for the Building Inspector and City Manager to handle. Councilman Martino stated the Planning and Zoning Board had been directed to make a recommendation on the whole 1•1-1 area and suggested they be directed to consider just Burns Road in the immediate vicinity where the problem lies; and that they be given a list of businesses on Burns Road with an explanation why and what the Council is asking for. A motion was made by Councilman Martino, seconded by Vice Mayor Dunbar to deny anynew requests for occupational licenses in the M -1 area on Burns Road. Vice Mayor Dunbar later withdrew his second to the motion thereby voiding it. Councilman Wiley spoke against the motion as being too ambiguous and stating the City Manager should not have to be directed by motion to enforce the ordinance in issuing Occupational Licenses. A modification to the motion was made by Councilman Wiley, seconded by Regular Meeting, July 199 1973 Page 5 Councilman DeLonga that all businesses that are in violation of the ?1 -1 zoning on Burns Road be notified of the violation to the existing Code, also notified that the City Council and the Planning and Zoning Board are taking under advisement to modify the zoning to allow additional uses or businesses; those who are currently applying for an occupational license that have no capital improvements on the site be advised as such, that they do not conform and not given an occupational license; businesses that have established some capital improvements be notified that they are in violation and will not be given an occupational license but be advised they will be allowed to stay in that location until October when the occupational licenses are due and renewable at which time the matter should be resolved. Motion was unanimously adopted by the Council. LAND IN TOWN At the request of the City :+Tanager, discussion on land in Town Hall HALL HOMES AREA FOR Homes area for recreational use was deferred to the July 26 meeting. RATION: ITEMS BY THE CITY IMAGER: ISSUANCE OF The City Manager asked for direction from the Council regarding the BUILDING PERMITS: issuance of building permits as a result of a request from Joseph Blair who had been issued a permit for a septic tank by the Palm Beach County Health Department. Councilman Wiley stated "we do have a building moratorium and we state that we feel in the best interest of this community to cease issuing building permits where connections to the sewer lines are necessary and also to reference where Council authorized by motion a letter be sent to Jay Cooper, that the Council had no objection to use of septic tanks on an interim basis and thus this application does have the proper approval for a septic tank on an interim basis" and therefore made the motion which was unanimously adopted by the Council that the City Manager be directed to issue a building permit as requested by Joseph Blair. Councilman DeLonga clarified the City Manager's position by stating r Regular Meeting, July 19, 1973 Pag e 6 ` previously the City Council had directed the City Manager and the Building Inspector not to issue building permits without the Council's approval, and Mr. McMahone was satisfying this policy. Mr. DeLonge recommended that this policy continue to be in force. The Council agreed that if other approvals for septic tanks were given by the County Health Department, the Council will give approval or disapproval to each case on its own merit. Mr. .ferry Browning asked if permission for a septic tank were given to him on Monday would he be required to wait for the Council's approval until the meeting on Thursday. Vice Mayor Dunbar replied that if the rest of the Council had been contacted by phone and were in agreement, he would be willing to ask the Mayor to call a special meeting. Mr. Joe Hancock spoke from the audience stating Mr. Trapnell of the Palm Beach County Utilities Company had advised him, that inasmuch as his building permit of 2 years ago was valid for a sewer connection and was included in the loading of the plant prior to the moratorium, he would be willing to give him authority to connect to the sanitary sewer. A motion was made by Councilman DeLonga, seconded by Councilman Martino that the procedures be followed that existed in the past, that a request for a building permit for all new construction be passed on from the Building Official to the City Manager to the Council for action. Vote on the motion four ayes, 1 nay. Vice Mayor Dunbar voted nay. TRANSFER The City Manager reported to the Council he had transferred the respon- OCCUPATIONAL LICENSES TO sibility of issuing occupational licenses from the City Clerk to the BUILDING DEPT.: Building Department. SPEED LAWS: The City Manager reported all speed laws in the City are being strictly enforced by the Police Department. LIGHTHOUSE The City Manager, Mr. Mcriahon, reported on the meding held with Howard DRIVE PROJECT: Searcy of Mock, Roos and Searcy where they discussed the discrepancies in the plans, the costs involved, what modifications were to be made and recommendations how to bid the project. A motion was wade by Council- Regular Meeting, July 19, 1973 Page 7 man Wiley, seconded by Councilman DeLonga relative to the Lighthouse Drive project: 1. Modify the specifications only to show the 191 interior edge as recommended by theCity Manager and specify the elimin- ation of the interior edge curb of the sidewalk. 2. Specify the elevation of the walkways to follow generally the established elevations. 3. Modify the specifications to specify bids for Project A. - sidewalks on the north and south side of Lighthouse and MacArthur Blvd. both sides. Alternate 1 to Project A � sidewalks on the south side only, with Mac- Arthur Blvd. both sides. Project B- widening of Lighthouse Drive for a total of 241 in width. 4. Authorize Howard Searcy of Mock,Roos and Searcy to modify the specifications and prepare for bid only -not to exceed $350.00. No changes to the plans were authorized. vote on the motion four ayes, 1 nay. Vice Dlayor Dunbar voted nay. STRIPING The City Manager reported the cost for permalining the Avenue of the CITY STREETS: PGA and Holly Drive would be approximately $2450.00 as compared to using the current methods with the City's equipment and personnel for a cost of $525.00. The Council concurred the City t1anager should instruct the Public Works Department to continue to stripe the City streets as they have in the past with City equipment and personnel. ITEMS BY THE At Councilman bailey's request the City Manager will explore the problem MAYOR AND COUNCIL: of City policing the Town Hail homes County area and r4ake a recommendatior VICE MAYOR Vice Mayor Dunbar inquired about the status of the tennis courts at the DUNBAR: City Complex and the High School, and was informed by theCity Manager that the City is experiencing difficulty with F.C.Feise on the City tennis courts and hopes to have this resolved in the near future. The City Manager indicated the letter asking about the status of the High School tennis courts had not been forwarded to Dr. Carroll. The City Manager reported pine trees have been planted in the Public Works yard to be used as a screening and the yard will be cleaned up Regular Meeting, July 19, 1973 Page 8 in the near future. COUNCILMAN Councilman DeLonga asked about the status of the mosquits spraying and D L UE : the City Manager reported the program has been stepped up. The City Manager reported in preparation for the opening of school the Public Works Department has scheduled work on the signs, cross bars, striping of the road, bicycle paths etc. RESOLUTIONS: Resolution #30, 1973 creating the job description for Chief of RESOLUTION Vehicular Maintenance was read in full by the City Clerk and unanimously #30f 1973; adopted by the Council. RESOLUTION Resolution #38, 1973 appointing the City Manager as "Acting Building #38, 1973: Official" was read in full by the City Clerk and unanimously adopted by the Council. The City (Manager will advise the Council when the need arises for advertising for a Building Official. RESOLUTION Councilman Wiley made the following introductory remarks regarding #39, 1973: Resolution #39, 1973 encouraging the construction of a new sewage `- treatment plant in Section 34- 41 -42. "I requested the City Manager to put together this resolution primarily because of the action the County Area Planning Board took July 18, 1973 for the second time regarding the Palm Beach County Utilities Company applicatiop- for a sewage treat- ment Plant. The Mayor attended this meeting and he and I attended a meeting a couple of months ago when the same subject was discussed and the same vote taken and I feel the City had a few letters and a few statements of various Councilman that said various things regarding this subject. I feel it is very appropriate and timely that we put this resolution on record and send copies to the various agencies setting forth our encouragement of the permit for this new plant." Resolution #39, 1973 was read in full, as amended, by the City Clerk and unanimously adopted by the Council. Regular Meeting, July 19, 1973 Page 9 ORDINANCES: Ordinance #14, 1973 repealing Ordinance #16, 1971 was read by title ORDINANCE #14? 1973: only on second reading by the City Clerk and unanimously adopted by the Council. ORDINANCE Ordinance #16, 1973 compensation of Mayor and Council was tabled on #16, 1973: a motion by Councilman Wiley, seconded by Councilman Martino to the Workshop Meeting of July 26, 1973 to further workshop the ordinance and to include modification to Ordinance #5, 1970. Vote on motion 4 ayes and 1 nay. Councilman DeLonga voted nay. ORDINANCE Ordinance #17, 1973 modification to Chapter 4 of the Code regarding #-17, T957 3: animals was read in full, on first reading, by the City Clerk, and will be placed on theworkshop Meeting agenda of July 26, 1973. ORDINANCE Ordinance #18, 1973 repealing Subsection 10 of Section 12.1 of #T8, 1973: Article V of Appendix A, Zoning was tabled on a motion by Vice Mayor Dunbar, seconded by Councilman Martino. Vote on motion 3 ayes, 2 nays. Councilman Wiley and Councilman DeLonga voted nay the reason being to wait for the recommendation from the Planning and Zoning Board. OP,DINANCE Ordinance d #19, 1973 repealing the Building Moratorium Ord. #14, 1970 alas 9— 1973: tabled on a motion by Councilman DeLonga seconded by Councilman Martino. Vote on motion, four ayes and 1 nay. Vice Mayor Dunbar voted nay. Councilman DeLonga commented the Council were acting in a capricious manner in that the Ordinance was not cleared with the Council before it was placed on the agenda for first reading. Councilman Martino concurred with Councilman DeLonga. Councilman Wiley proposed a letter be drafted to Mr. Strahm to clarify what is "good faith ", the status of the existing TOP that Palm Beach County Utilities now has, and the status of the proposed discharged limit. Councilman Wiley further stated that he feels until adequate clarification is received from the regulatory agencies and until other protections have been accounted for, things have to be taktn in the Regular Meeting, July 19, 1973 Page 10 right order and he would not consider lifting the building moratorium unilaterally as this particular draft of the ordinance proposes. ORDINANCE Ordinance #20, 1973 modifying building permit issuance procedures and ## O: adding certification of public utilities prior to the issuance of building permits, (which was not on the agenda) by unanimous vote of the Council will be placed on the Workshop Agenda for July 26, 1973 for discussion. The City Attorney was requested to meet with the Attorneys of the County Board of Health with the intent of this ordinance to work out the details and make a report. ORDINANCE Ordinance #21, 1973 parking space requirements was not prepared by #21? 1973: the Attorney. ADJOURNMENT. No further business, the meeting adjourned at 10 :45 P.M, M or John Kiedis / `Vice P�fayo Gordon Dun r Ali� Kerslake, City 'C'lerk Councilman Walter lVy Councilman James` -Det Councilman Michael Martino