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HomeMy WebLinkAboutMinutes Council 091373r WORKSHOP MEETING CITY OF PALM BEACH GARDENS SEPTEMBER 131, 1973 The Workshop Meeting of the City Council of Palm Beach Gardens was called to order by Mayor Kiedis at 7 :00 P.M. in the Assembly Roomy 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. Attorney Brant and City Manager George McMahon were present. MINUTES: The minutes of the Regular Meeting of September 6, 1973 were unanimously approved, as amended. ANNOUNCEMENTS: Mayor Kiedis made the following announcements: Art Classes would be held on Monday, September 17, 1973 and Wednesday, September 19, 1973 from 9 -12 A.M., Guitar Lessons would be held on Monday, September 17, ~-' 1973 from 4 -5 P.M., Macrame Lessons would be held Monday, September 17, 1973 from 7 -9 P.M., Planning and Zoning Commission Meeting on Tuesday, September 18, 1973 at 8 :00 P.M., Recreation Advisory Board Meeting on Tuesday, September 18, 1973 at 8 :00 P.M., Crewel and Needlepoint Classes on Tuesday, September 18, 1973 at 9 :30 - 11 :30 A.M. and Woman's Club Meeting on Wednesday, September 19, 1973 at 8 :00 n.M. CHUDNOW An informal meeting was held with Mr. Gerald Sleeter of Chudnow CONSTRUCTION —Construction Company regarding his application for a building permit. Mr. Sleeter explained his proposed development to be located on 5 acres of land on the corner of Burns Road and Gardens East Blvd. would consist of 108 apartments, 3 - 16 unit apartment buildings and 3 - 20 unit apartment buildings, each apartment with 2 bedrooms and 2 baths. The apartment complex would be built in 3 phases and would be rental units. The first phase would consist of 1 - 16 unit apartment and l - 20 unit apartment with a time schedule of 6 -7 months to completion. Mr. Sleeter Workshop Meeting, September 13, 1973 Page 2 stated he had received approval from the Building Department of his building plans on July 2, 1973 and was now asking for a building permit to enable him to start construction. He proposed four alternatives: 1. Allow the permit with no strings. 2. Allow to proceed with construction by the use of an on -site package treatment plant. 3. Allow to proceed with a dry permit with no certificate of occupancy issued until the sewerage hook -up is available. 4. Obtain septic tanks since he was led to believe from the County Health Department that the use of septic tanks would be granted on a breakdown of 1 acre allowing a 23,000 gal.tank per acre; such tank to serve 13 units. Mr. Luke Taylor, Attorney for Chudnow Construction stated the moratorium has caused undue burden and hardship on his client and he would file legal recourse if the Council does not have the intent to negate the moratorium. It was his opinion the moratorium has been illegal, since August 10, 1973, the date of the letter from Jay Cooper to Attorney Brant advising of certain facts and recommending the City rescind its building moratorium. Councilman DeLonga commented he did not come prepared to discuss the lifting of the moratorium and the meeting should be confined to discussion on the application for a building permit by Mr. Sleeter. Councilman Wiley pointed out the fact that a building permit cannot be issued by the Building Department unless the County Board of Health has certified that the waste water disposal, is by some adequate means: either hooking into the sewer main which is prohibited by the moratorium and the Department of Pollution Control, or by the use of a septic tank or on -site package plant. If the County Board of Health approval, is received for a septic tank or on -site package plant, the Council would grant a building permit. Councilman Martino stated the Council was trying to find out which of these methods are possibilities and asked Mr. Sleeter if they were PC workshop Meeting, September 13, 1973 Page 3 interested in pursuing any of them. Mr. Taylor replied they would pursue the on -site package plant until such time as they can hook up to the sewer plant. Mayor Kiedis stated it was his opinion at the present time the Council were not thinking about lifting the moratorium but were waiting on some definite date or action on the construction of the new sewer plant. Vice Mayor Dunbar agreed when a go -date is determined, then plans can be made to discontinue the moratorium and it wouldn't be necessary to wait until the completion of the plant. Councilman DeLonga added he felt it depended on the action of the Department of Pollution Control. BEAUTIFICATION The Beautification and Environmental Committee attended the meeting at & ENVIRONMENTAL e request of the Council to discuss the proposed plans to beautify the 1. median strips on Holly Drive and MacArthur Boulevard. Mr. Lee Coons, a member of the Beautification and Environmental Committee told the Council the Committee had definite plans for the $1200 allocated for the beauti- fication of the median strip on Holly Drive if the funds were still available. He recommended the $1200 be immediately used to purchase 60 trees for the Holly "'rive and MacArthur Blvd. median strips; said trees to be placed in the City's nursery, to be planted by the Public Works Department as rapidly as their schedule permits, and that the City proceed as funds become available with the irrigation and cuing of these median strips, which they feel is necessary before any other planting is done. The total cost for anticipated trees and shrubs is $49000. The City Manager reported an estimate of $36,585.00 had been received on curbiT9 the areas and a cost of $69178.00 for irrigation. The Council directed the City Manager to obtain other estimates on the irrigation system. The Council unanimously concurred with the Beautification and Environ- mental Committee's i Workshop Meeting, September 13, 1973 Page 4 recommendation to purchase 60 trees not to exceed $1200.00. INFORMAL MEETING WITH BUSINESSMEN FROM BURNS ROAD: An informal meeting was held with the businessmen on Burns Road, Ironwood Drive and Riverside Drive the purpose being whether a change be made to the current M -1 zoning to allow retail businesses to exist in that area or enforce the Code that has been on the books since October, 1968 forcing those not in conformance to leave. MR. VAN DYKE: Mr. Van Dyke who leases buildings to Ward Baking Company and Wally Young, Interior Decorators addressed the Council, expressing cnncern that these businesses would not be issued renewals of their Occupational Licenses and therefore could not operate in that area. MR.CHAN Mr. Chan Clark, owner of Camdaros, Inc. a camper rental service advised CLARK: the Council in addition to his Occupational. License for an office and a warehouse he wants to operate a retail store for consumable products used relative to his camper sales covering an area of 100 sq.ft. He further stated he is presently renting campers. His lease from Microforms Management is for 2 years from June 1, 1973 and at that time he plans to move his business to another location. Attorney Brant informed the Council an outdoor warehouse was not permitted in the present M-1 zoning uses. WILLIAM William Stursman who owns Laminaire Racing, Inc. told the Council his STURSMAN: business is the repair and manufacture of professional racing engines and chassis and he does some labor services on street vehicles, all of which are done completely inside his air conditioned building. He was not granted an occupational license for a retail, store for parts. In answer to Councilman Martino's question he verified no testing of racing vehicles was done inside the building, but occassionaly street vehicles were fired and the motors raced for about 2 minutes. JACK NASH: Jack Nash, Sales Manager for Dandy Bread stated they opened for business Workshop Meeting, September 13, 1973 Page 5 on May 18, 1973 and he could prove that 80% of the residents in Palm Beach Gardens penefited from that business. Their intent is to opErate a wholesale business also, using 8 trucks to begin with. BOB NOBLE: Bob Nobles President of Microforms Management advised he has purchased the vacant lot next to his business and anticipates building a professional type office building similar to Tanglewood and would not like to be limited in the type of stores permitted. SY FINE.: Sy Fine owner of a large investment on the corner of Burps Road and Riverside Drive had no objection and did not feel his property had been degraded or hurt by the type of businesses located in that area. He felt that most of the businesses benefited the area and the City and he would personally like to see small businesses operate and continue to operate without creating a problem. Councilman D eLonga expressed the opinion that he would like modifications made to the Ordinance to permit retail type stores. �- Vase Mayor Dunbar agreed and told the businessmen they had made capital investments in good faith and he thought the Council should take that into consideration. Councilman Martino did not feel it was in the best interest of the City to lose the Long Range application of that area which is an industrial park. He suggested an effort be made to rectify the administrative problem and if necessary consult the City Attorney when there was a question. A motion was made by Councilman Wiley, seconded by Councilman Martino and unanimously carried that the City Attorney be authorized to draft temporary an Ordinance or a Resolution to providey relief for the existing businesses in the current M..l zoning that are not currently in compliance with the ordinance, with the provision that the City Council `� will have expressed diligence to solve the problem. Workshop Meeting, September 13, 1973 Page b PRESENTATION OF AWARD: Chief Pecht was awarded a plaque by Mayor Kiedis in appreciation for 10 years of service to the City. DR. CARROLL Dr. Carroll, Superintendent of Schools and Dr. Smith, Principal, • VIM Palm Beach Gardens High School attended the meeting. Dr. Carroll spoke on the School Bond Referendum election to be held October 169 1973 explaining how it would benefit the local schools. Literature will be available showing a complete list of what is proposed for each school in the County. REPORTS: Councilman DeLonga reported the Volunteer Fire Department Meeting had been postponed due to the accident at PGA Blvd. and AIA involving a truck containing chemicals. He stated both the Fire Chief and the Chief of Police should be commended for an outstanding job in this situation and the Council agreed Mr. Arrants and Chief Pecht be awarded the "Employee of the Month Awards.' PETITIONS AND COMMUN ICAT IONS : Mayor Kiedis acknowledged receipt of communi.catians from: POLICE 1. Fraternal Order of Police Lodge #81 commending Boy Scout Troop LODGE #81: #132 for their help at a benefit Bar -B-Que for a Policeman. BRYAN M. 2. Resignation of Bryan M. Thomas from the Planning and Zoning THOMAS: Commission. SAM 3. Sam Gabriel, Attorney requesting annexation of a piece of property GABRIEL: in Section 13 -42_42 (future site of St. Ignatius Loyola Church), was referred to the Planning and Zoning Commission. The Council ccneurred with Councilman Wiley's recommendation that the City assume the filing fee. ITEMS FOR DISCUSSION: SIGN Discussion on the Sign Ordinance was deferred and ,rescheduled for ORDINANCE: the Regular Meeting of September 20, 1973. LIGHTING The City Manager was directed to discuss with Hall Electric, the FOR 4 NN IS Mu"r —i � , Workshop Meeting, September 13, 1973 Page 7 bidder on the lighting of 4 tennis courts located at Palm Beach Gardens High School,i.n the amount of $2030.00,the items on hand for the project and to return with a recommendation. ITEMS BY THE CITY MANAGER: 1 111. The City Manager reviewed his recommendations on items not on the agenda (correspondence dated Sept. 12, 1973)with the Council as follows: 1. The Council agreed with his correction on the Budget for the City #101 Manager in account#' #29(,490 and 501, and the corrections will be read by the City Clerk at the second reading of the Budget Ordinance on September 20, 1973. 2. Approval was given by the Council to send the Fire Chief to the State Fire Prevention Conference, Oct. 2,3, and 4th for an estimated cost of $111.00 funds to be taken from the Contingency Fund. 3. The Council agreed with the City Manager's recommendation that the Merit System Board further review the rate of pay for persons working �- on holidays. 4. No action was taken by the Council regarding the recommendation by the City Manager regarding the combining of the Area Planning Board Staff with the County. ITEMS BY THE MAYOR AND COUNCIL: COUNCILMAN The Council concurred that Councilman Martino's letter be sent to MARTINO: the Department of Transportation, State of Florida regarding the status of the resurfacing of Alt. AIA. The Mayor and City Manager will follow up on the recommendation for a consultant to work with thePlanning and Zoning Commission. The recommendation from the Building Department regarding building permit fees,which was referred to the City Attorney, will be incorporated with the adoption of the Southern Standard Building Code. The City manager will make a disaster plan for the City which will be included in the report forms received from the Civil Defense. He will Workshop Meeting# September 13, 1973 Page 8 determine how Federal Funding is allocated for this and report to the Council. 1� Councilman Martino requested that the City Manager determine the ownership of vacant lots on either side of Lighthouse Drive on the West side of the railroad tracks at the entrance to the City. COUNCILMAN Councilman Wiley asked clarification of the Public Works Department W Y: weekly report and asked that future projects be listed. Councilman Wiley asked that the Budget minutes be approved at the Regular Meeting on September 20, 1973 together with the approval of the Budget. Councilman Wiley presented a pamphlet from the Veterans of Foreign Wars regarding the correct way to fly the flag when the Nation mourns. The City Manager will determine if the City is complking with the regulations. COUNCILMAN Councilman DeLonga asked that the City Manager pursue the idea of DELONGA: the City selling flags to the residents. The City Manager advised a Newsletter would be prepared within the next two weeks. A motion was made and unanimously carried that the Council each individually had reviewed the answer to the Civil Suit filed by Jerry H. Browning* prepared by Attorney Brant and have given approval individually and collectively to the City Attorney to file same as the Council's answer. R ESOLUr IONS: Resolution #46, 1973 reappointing Vincent Alvarez to the B & E committee : will be placed on the Regular Meeting Agenda of September 20, 1973 f or adoption. RESOLUTION Resolution #47� 1973 reappointing various Department Heads and Officers #47,9- -1973: of the City will be placed on the Regular Meeting Agenda of Sept. 20, 1973 for adoption. Motion was made and unanimously carried to strike Workshop Meeting, September 13, 1973 Page 9 Building Inspector and Engineer from the Resolution in Section 1. The City Manager was directed to pursue and go out for bid for a City Engineer and to so advise Mr. Searcy of Mock, Roos and Searcy. ORDINANCES: Ordinance #20, 1973 Procedures for building permits will be placed on D -#201 1973; second reading at the Regular Meeting on September 20, 3973. ORDINANCE Ordinance #22, 1973 The Budget for 1973 -74 will be placed on second #22F 1973: reading at the Regular Meeting on September 20, -1973. ORDINANCE Ordinance #23, 1973 Annexation of certain land and zoning classification �3 : will be placed on second reading with a public hearing at the Regular Meeting on October 4, 1973. ORDINANCE Ordinance #24, 1973 Rezoning certain lands in Section 5 -42_43 will be #241 1973: placed on second reading with a public hearing at the Regular Meeting on October 4, 1973. Copies of Ordinance #23 and Ordinance #24 will be forwarded to the Planning and Zoning Commission for their review. ADJOURNMENT. No furthur business, the meeting adjourned at 11:00 P.M. MAY JOHN KIEDIS C'� VIC97"MAYOR DON DUNBAR/ pity C rk CJUNCILMAN WALTER WILE A-1� C ILMAN JA S DMNGA c=' COUNCILMAN _ 14IKE MARTINO