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
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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/
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CJUNCILMAN WALTER WILE
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C ILMAN JA S DMNGA c='
COUNCILMAN _ 14IKE MARTINO