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