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HomeMy WebLinkAboutMinutes Council 100473REGULAR MEETING CITY OF PALM BEAC`I GARDENS OCTOBER 4, 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 Deputy City Clerk and present were: Councilman Wiley, Councilman DeLonga, Councilman Martino, and Mayor Kiedis. Councilman Dunbar was absent due to illness. MINUTES: The minutes of the Workshop Meeting of September 27, 1973, as amended, were unanimously approved by the Council. ANNOUNCE;- Mayor Kiedis made the following announcements: N TS: A meeting of the Junior Police will be held Monday, October 8, 1973, at 7:30 P.M., at the City Hall. There will be a Volunteer Fire Department Meeting, Tuesday, October 9, 1973, at the Fire Station at 7:30 P.M. A Recreational Advisory Board Meeting will be held at the City Hall on Tuesday, October 9, 1973, at 8 :00 P.M. The Beautification and Environmental Committee will meet Wednesday, October 10, 1973, at 7:30 P.M. at the City Hall. NEw EMPLOY- Woody Dukes, Director of the Recreation and Parks Department, EE: SUSAV introduced Miss Susan McCormick, a new employee hired recently MCC_ORMICK as a Recreation Supervisor I, of the Recreation and Parks Department, to the Mayor and members of the City Council. Regular Meeting, October 4, 1975 Page 2 Miss McCormick is a graduate of the University or Florida with a Recreation Degree. PROCLANIA- Mayor Kiedis read the Proclamation proclaiming the month or TION: TOASTMAS- October, 1973 as "TOASTMA ,3T6RS' MONTH ". TSRSI MONT" PUBLIC Mr. `I. Lawrence Cooper, Jr., representative of 'Mr, ana 1%4rs. T ?EAR IN G : NnT 4STINE Nothstine, was present. Mr. Cooper stated t,lat TkIr. and "irs. N.'ERC:" Notlistine and 1,:r, and "!rs. Meicnant, who are adjoinin-I l2nd- owners, leave petiti,-)n�,d f -r annt- xation into t)e '.'its,, r. Cooper stated t'13t t)z petitinl rcqu2srs new zo-ninx catcinr­ of Cnnuati_:nal 'l .ln_d unit or- -_)er_ty is lo. ated west �t I - ^S and inm.­ iatQ�:ly s -)ut 7c t -- tisti`i { Gout i houncar -, n` t ice_ Ci r,i. -Y "E, -)r ­ri_r` is sr),:.` ? ') •, r,,, - -in d, Pt 1 ',,Tit:, 6y" - 'l2,2t (` _ �r_ . -. - _IIkT -1C -'r L i.. ,t tl�y� i. )_ _ �t'Yy �Q .7 it r t`l� properties i icla t .c duplexes in that area. ouncil a, ' +arti: -10 as'c;ra P r ps�r t in t_ <; 0' ;;itiL n1. "r r st..,,t,2 t 1",t )')t i .,7s to to c--11 their _ .3_ _-i _. it , t . _ -d u -It1 "!:.x "�.`i' : - ' ".7� f _ _ --rc' I S�_ C :� �t _ .t t, - c t,' -)�. z,- ,..-E. ' t ,_ is ii -17. r,�2 •u.:'st -cl „cto')E -r , _'73 P;'1c y �r `ieriis statk2d t iat t lis is t-I'-- _ s. =co i'i p•x -1 is _,=P i t iat r.as '} -1 re-;arai.i3 Dropert- a .rl <P11 of ,, -.r red _fir »., _its have j,2e ; met ap t 2 4is public 1,ars i ; u7. tt« pi y :x>L C ari_x i z l 1 on .'u�ust rW 1?Z P anrein-j and niP,- Co'.i fission r�c;ar'w;,, tlis putit-i'n. Councii:n� _ --i iLu s` :tom > tie- _ .,r. , L'tC'., v. *`_1c Des i;z t I �cij�,ccr.T ar,a o- �; ".11 J., �L_;'1 c'_St._ _ �.r," L�l�_ 't7;,1':i1.0 �c �1� L, vi,w t i� plans as pres,.�at�d. Cl airman Arnold of the Planning and Zoning Board volunteared to assum , t rGsponsibili t�, of informiA3 interested persons. `4r. Co,ipoer stated tzat there aren't anv IeFinitt plats f -ir the property at t' -,-, present time. {e st,�tcJ t'-,at under Vie Conditional Planned Unit Development for zonin„ w;,-lich was proposed for t'xis property, any development plan for t'Ze pr- >perty would have to '�)e submitted to the Plannin; and %onin-j 3oard. Mayor Kiedis stated that the Council normally woul•3 act o:-i t!ae second readin- - of the ordinance this meetin,a but due to legal ramifications t'lat became law October 1, 1973, it will be postponed at this time. 'lowever, it will be taken care of as soon as possible. Regular Meeting, October 4, 1973 Page 4 PUBLIC Adrian Van Voast, representing Soverel Marina, stated the HEARING: ! 'EREL property involved is zoned M -1, but there is C -2 zoned MTR FINA property adjacent to the present M -1, both on PGA Boulevard and Prosperity Farms Road, and according to the City Ordinances, the property has to be zoned C -2 for a Marina. The petition requests that the particular piece of property as described in Ordinance #24, 1973 be zoned C -2, General Commercial District. Councilman Wiley reported on the public h.aring held August 21, 1973 before the Planning and Zoning Commission regarding this petition, and that the Planning and Zoning Commission were in favor of rezoning the described property to C -2. Mayor Kiecd s stated that all of the requirements or our cone have been followed with the exception of the same technicality as far as the seconu reading is concerned. (New Law, October 1 , 197:1) REPORTS: Councilman Wiley reported on the Planning and Zoninq Commission meeting held Tuesday, October 2, 1973. A public hearing was help regarding the request or Mr. Koski for property located on Pros- perity Farms Road, PGA 3oulevard, and Monet Poad. The request is for approximately three anu one -halr acres to °)e annexed and rezoned. The on -final request was to have the pronerty rezoned R-3 -D, but t,ie petition now requests tnat t -i= or -)warty r�z)-led '' -3 -C, ur'lic i '-�asical l reduce s t ,e enaity Y ds -'rhm t,,2 r,_�u_sts�d 1 S to <zpnroximately 10 units per ;: crn wit,, t two- stor,• i.zi - ^t tion. rh,2 afid ; -onin , C-i-mmission r.cc pt,-.i r. ,oski s rtcomm-�n'lati-)n ain t71ted to :'C "T;ri -nu �.,�L77 ^.V. i. t c ),i - tin -i�rnt upc)n cl. rifiCatiora or 1.- Aal oy a Puhlic 'iearin _ "iciI -i2n 'iI, `�s'',--rl r,,nt 1' t t, ;'1,-2n;nry a'2^ . onin , Coy- :- 2iasa -on r�c,uires anot'2er punlic n-j�r.n- and ir, t.ity sn,utd suomit anon, }er legal notis'ica� io,�. ..tt lrney L >rant reeomme;rided wc: accvise the Planni,l, a, -i d� i.onin,-i :o,missinn t -, schedule anothz r Pub tic tearin i. Counrilm. m il: v stated t 2a" 'a�_ .'-�U-2ci i s i(`uld assist tftc Planning, :d ^ni 3:2 ,i_ssi , a i , rco'_ac-- -a`,.i - - -) r.:2 s. su '`rst_ ' t ._ --ou?cil t '1 ,.ni. -nr_ oni i 2sr t'ar eopl_, t', t'2 r. S tt'T ;`T ray-r <ii lis stated t )at vj r -cr ivcrl t, rC';u. st 'ro:,2 '.,o etr iS.. Qtrickland of t,io lout Frn i 1 'it ._p'> > 7 r; e;ny askinn for co.lsid,:ration in our noise •)rr3in:i,2ce t,, Dr- vir;-� �-)r Exception t ) ottr nrrp -)sa 1 noise ordi za,zc in t ie �vznt emer ;encv p vc.r is r : uirel t-) opurat.:� t.lip ion- comp<,.Iy equips( -nt dur i-i j an emir 3e,2cy, Mayor Kiedis stated t'lat Mallory Privett, "•favor of Nort :. Palm Beach, nas an agreement wit�i the 'iealt 1 Denartm�nt teat they will relay weekly reports on seweza7e plant confections to the °7illarae of Nort'i Palm Reach, sn that thev can �e '.:ept Regular Meeting, October 4, 1973 Page 6 informed as to what balance they will have left in their sewerage capacity when the modification of the plant is completed. OAK BROOK Mayor Kiedis stated that David Gibson, who is working with the SHOPPING CENTER: Architect of the proposed Oak Brook Shopping Center located on the northeast corner of PGA Boulevard and U.S. Highway #1, is faced with a problem; their contract with Publix states they have to break grouna by December 1 in order to put Publix on their list, and apparently the entire plan is tied up with the limitations of parking requirements. Mayor Kiedis requested that Councilman Wfiley contact Mr. Arnold and request the Planning and Zoning Commission's recommendations with regard to this matter. Mayor Kiedis asked Attorney Brant if there was any way he could have the Architect adhere to the tentative Landscape Ordinance or the tentative Site Plan 1Zeview for the Appearance '3odrd. Mayor Kiedis feels that these things will not come to pass until after December 1, their deadline for breakin; 3roun(a. Pttornev 3rant stated n` felt ;a�_: could wortc s )_) t: i n , out. ShPTI"? I , L- 1 C eorc ^9cP, .ho �, �rP'l' T: 'Tehicle report tE� "first_ on-,; -.,o it i'-�r :�;ana'-��r, su'�.ritt. -.a t'E'.� ;en`�r�,>_r _ �>nt rt +• t,, 'Ccuncil. 'is r.,?)r) °t is .is t i1L V t a_: ,', 1_1"Z �' U; COQ 0� -'C '. 7..7 .1C= _, 2S us „ -_tt`r )r,rE inin U)i'it' in to tr�,C?e, t ,-- - in � Regular Meeting, October 4, 1973 Page 7 Councilman Martino requested that Mr. McMahon attach an explanation as to what was wrong with a vehicle if the repair cost is over $50. Councilman DeLonga requested that Mr. McMahon check on vehicle number 68. He feels that the mileage in the amount of 19,216 consumed by this vehicle is questionable. Mr. McMahon informed the Council that Bill Lumpkin, the Executive Director for the Explorer Scouts, had approached our Police Chief Pecht requesting him to work with Mr. Lumpkin urging a consideration be given to combine the Jr. Police League with the Explorer Scouts. Mr. Lumpkin has access to approximately fifty names of students at the Palm Beach Gardens High School, who have shown a desire to make a career of law enforcement either as first or second choice; these would be likely suspects for the Explorer Posts. Mr. McMahon stated that if the Council is interested, he would recommend that we pursue this and get additional details and have Chief Pecht report his recommendations within a month. Mr. McMahon reported that the Police Reserves voted not to handle the football games at the Palm Beach Gardens High School. There was a misunderstanding between the Athletic 1,e-Tular Meeting, October 4, 1D73 Page 8 Director of the Tlig, School, Mickey Neil, and our Police .� Reserves. Mayor ! Ciedis asked Mr. Neil to call Mr. McMahon to meet with him and Chief Pecht so that the misunderstand- ing can be discussed and remedied. COMh1UNICA- Mayor Kiedis sent a letter to Robert Hamilton, Vise Presi- T TON S: ROBEPT dent of the Palm Beach County Chapter of the U. N. Association, T IAM I LTON inviting him to appear at our Council Meeting, October 11, to present his petition regarding the issuance of a proclama- tion in observance of "United Nations' Day ". LUCIOUS Mayor Kiedis read a letter from Lucious Bill, Mayor of Riviera FALL: 3each, extending a cordial invitation to the Mayor and the members of the Council to attend the ceremony of renaming Sea Side Park to Gerry Shultz Park. DAVID Mayor Kiedis received a letter from David Runkle, Vice President RUNKLE• of Marketing and Customer Service at Community Federal Savings, requesting to fill the vacancy now existing on the Planning and Zoning Commission. He is presently on our Merit Soard. YMCA Councilman Wiley informed those present that Mayor Kiedis is INDIAN GUIDES: to be made "Honorary Chief" of the Cheyanne Tribe of the YMCA Indian Guides at the Council Meeting, October 11, 1973. Regular Meeting, October 4, 1973 Page -9- DEPARTMENT Councilman Martino stated that on September 14 he forwarded a ,_,-OF P.C. letter to the Department of Pollution Control readvising them of our situation regarding the moratorium. He spelled out why we had a moratorium and he reiterated what had taken place since the moratorium has been in effect. In this letter he asked for answers to six questions which needed clarification. The questions were answered in a letter from the D.P.C., dated September 27. Councilman Martino then reviewed the questions and the answers received with those present. NEW UTILITY Councilman Wiley requested that Mayor Kiedis arrange an on -site tour PLANT SITE: for the Council Members of the new utility plant site and try to obtain some sort of schedule or communication from the Utility Company as to the present status of the new facility. FLOATING Councilman DeLonga made a motion that the Floating Holiday for the Fiscal Year of 1973 -74 be Friday, November 23, the day after Thanksgiving. Councilman Martino seconded the motion. It was unanimously approved. M -1 ZONING. BURNS ROAD: Councilman Wiley stated that the Planning and Zoning Board had received the Council's communication asking them to table any further consideration of the M -1 Zoning on Burns Road until such time as the Council specifically requested them, in writing, to do so. The City Clerk was requested to find out what businesses are non - conforming and which ones are "grand - fathered" (businesses that were there prior to the enactment of the Zoning Ordinance in 1968 - 1969, and which businesses are not "grandfathered" (those put into that zoning area after the enactment). He stated that several businesses apparently are close to the "time border ". He suggested that we authorize the City Attorney Brant to prepare a letter in legal terminology, explaining exactly what the zoning ordinance Regular Meeting, October 4, 1973 Page 10 requires, the meaning of the "grandfather" terminology, and the dates of the enactment, and ask these people to furnish suitable proof that they were indeed doing business there prior to adop- tion of this Ordinance. If we cannot, and they cannot confirm that they were grandfathered, they would fall into the category of those businesses which are required to resolve, by one of several means of conforming. Councilman Wiley made a motion to refer the list he has of the businesses in the current M -1 zoning to the City Attorney for thepurpose of following it up with a letter (mentioned above). Councilman DeLonga seconded the motion. The motion was unanimously approved. SIDEWALK Mr. McMahon reported on the specifications for Lighthouse Drive. S ''.CIFICA- 1-_4NS: Councilman Martino feels we should make the South Side of Light- house Drive and both sides of Mac Arthur Boulevard the base bid, and the North Side of Lighthouse Drive with Sidewalks as the Alternate Bid. Mr. Ted Brown, a member of the School Board, stated he feels that the sidewalks should be placed at the edge of the right -of -way. Councilman Wiley informed Mr. Brown that items in the road right- of-way, such as street lights, fire hydrants, utilities, etc., would have to be moved and the utility mains covered up. For these reasons the Council decided to place the sidewalks closer to the street. Councilman Wiley stated he objected to the supervision and sur- veying being done by the Public Works Department of the City. He Regular Meeting, October 4, 1973 Page 11 further stated he does not think the Public Works Department is capable or has adequate facilities for this project and should not have to accept the responsibilities. Mayor Kiedis feels that our Public Works Department is, indeed, capable, and would expect our Public Works Director to examine the day -by -day progress of any work being done within the City. Councilman Wiley recommended the concrete contractor be held responsible for placing the sidewalks., i.e., elevations, grades, etcetera. Councilman Wiley stated that Howard Searcy, City Engineer, not be directed to change the original drawings. We will delete his drawings and include certain portions of the drawings in our specifications which will completely supersede Sheet No. 7 of the existing drawings. Councilman Wiley also stated that he proposes to have the con- tractor set the location of the sidewalk, set the forms, and pour the concrete. The contractor will be held responsible to meet all specifications as drawn by the Engineer. Mr. Ted Brown urged the Council to consider placing the sidewalks on the North side of Lighthouse Drive as first priority, as he feels it would be more beneficial to the public. Mr. McMahon informed Mr. Brown complications are involved putting sidewalks on the North side; whereas placing sidewalks on the South side would simplify matters. Mr. Brown then asked if we plan on taking the sidewalk across the railroad tracks. Councilman DeLonga informed Mr. Brown we are not involved in that particular Regular Meeting, October 4, 1973 Page 12 phase of the project primarily because of the cost, plus the fact that modifications are being made on that intersection by the State. Mr. McMahon stated he would contact the City Engineer and come up with an established fixed cost for work that is to be done and get back to the Council with his findings within a week or two. REIMBURSE- Councilman DeLonga stated that he is concerned with the fact MENT- SCHOOL CROSSING that we have not as yet received our reimbursement for School GUARDS: Crossing Guards for last year. Mr. McMahon stated that he has not received any further correspondence from Jack Dean, since his most recent letter to him a couple of days ago. Mr. McMahon further stated that he will personally make a visit to Mr. Dean if he does not hear anything this week. LETTER TO Mr. McMahon asked for comments on the rough draft of a letter J. D. MATARTHUR: prepared to send to Mr. MacArthur concerning the purchase of the 9g acres of land theCity desires to purchase from him. Modifications were made and the letter approved. Regular Meeting, October 4, 1973 Page -13- B[JILDING Mr. McMahon stated that he has received a request from the Building , TNSPE' M REFRESMiR Inspector to take a refresher course at the PB Jr. College which will COURSE: bring him up to date on what is being done in regard to codes and pro- cedures. The total cost is $65.00, including books, materials, and the course itself. Mayor Kiedis stated that if Mr. McMahon feels it would be beneficial to the City, he is in agreement. Councilman Wiley had no objections, but suggested that the books and materials purchased be identified as City property. Mr. McMahon indicated this is currently a policy of the City and applies to all items of this nature. FEENEY MEMORIAL Mayor Kiedis asked if the Council would agree to placing the Michael Shawn TROPHY: Feeney Memorial Trophy on a stand in the Reception Office. Councilman Wiley stated he will loan an end table to the City for said purpose. The Council accepted his offer and agreed to display the trophy. BAN - SPIKED Councilman Martino stated that a group of young men around the ages of SHOES 16 to 17 were playing soccer on the ball field at Plant Drive wearing heavy spiked shoes and that it was tearing up the field. Mayor Kiedis stated that some students were also playing golf at Plant Drive and tearing up the field. It was suggested putting a sign up stating that spiked shoes are not allowed on the field at any time, unless supervised by the Recreation Department or the Palm Beach Gardens Youth Athletic Association. Mayor Kiedis stated that perhaps the Police Dept. could also be of some help in regulating use of the field. CURRENT SCHOOL Councilman Wiley reported that Mr. Ted Brown had brought a book containing BUDGET: �W the current School Board Budget. He agreed that it can be kept in the City Clerk's Office for review, for approximately the next six weeks. '- -USGI,UTION #51: The Deputy City Clerk read Resolution #51, A Resolution stating that the City Council of Palm Beach Gardens requests and urges the name of Cape Kennedy be restored to its original name, Cape Canaveral and retain the REGULAR MEETING, October 4, 1973 Page -14- name of John F. Kennedy Space Center for the program facilities located thereon. Councilman DeLonga made a motion that Resolution #51 be adopted. Councilman Wiley seconded the motion. The motion was unanimously approved. SIGN ORDINANCE: Councilman Martino made the motion that the discussion of the Sign Ordinance be tabled and that we place it on the agenda as the number one , item to be discussed at future Council Meetings. Councilman ) DeLonga seconded the motion. It was unanimously approved. Mayor Kiedis stated that the Sign Ordinance will be the Number I item after the vartegory of Petitions- -and Communications, with a minimum of one hour time limit placed on this item, until it has been resolved. ADJOURXMENT: Councilman DeLonga made a motion that the Meeting be adjourned at 11:10 P.M. Councilman Martino seconded the motion. .- The motion was carried. Vote - 3 aye, with Councilman Wiley voting Nay. No further business, the meeting adjourned at 11:10 P.M. May�j/John Kiedis Vice -Mayor -Mayor Gordon Dunbar Linda M. Ard, Deputy City Clerk �incilman ter Wile / Counc lman JaTe,,4 -PE L< Mike Martino