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HomeMy WebLinkAboutMinutes Council 120673RL:GULAR MELTING CITY OF PALM BEACH GAPDI NS DECEMBER 6, 1973 The Regular Meeting of the City Council of Palm Reach 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 Iviley, Councilman Martino, Councilman DeLonga and Mayor Kiedis. Vice olayor Dunbar was absent as he was out of Town. Attorney Brant was present. The City 1„anager was absent because of illness. MINUTES: The Minutes of the Workshop Meeting of November 29, 1973 were unanimously approved by the Council. ANNOUNCEi7BNTS: Mayor Kiedis made the following announcements: Christmas In Dixie Parade would be held Sunday, December 9, 1973 at 2:00 P.M. in Lake Park. Christmas Tree Lighting Ceremony would be held Friday, December 14, 1973 at 7:00 P.M. at City Hall. Planning and Zoning Commission :Meeting would be held Tuesday, December 11, 1973 at 8:00 P.M. Recreation Advisory Board Meeting would be held Tuesday, December 11, 1973 at 8 :00 P.M. Volunteer Firements Meeting would be held Tuesday, December 11, 1973 at 8 :00 P.71. Jr. Trail Riders would hold a meeting on Tuesday, December 11, 1973 at 7:30 P.M. Special Meeting of the Planning and Zoning Commission would be held Friday, December 79 1973 at 5:30 P.M, to review the Site Plan for the Oakbrook Shopping Center. Regular Meeting, December 6, 1973 Page 2 PUBLIC Three Public Hearings were held as follows: Mayor Kiedis verified HEARINGS: that all the requirements of the Palm Beach Gardens Code and State Statutes had been met. ANNEXATION Public Hearing on petition from Paul Koski for annexation of a parcel OF LAND IN � - EC-7 - 3: of land located in Section 5- 42 -43. Mr. Clair Andersen, Chairman of the Planning and Zoning Commission reiterated that Public Hearings had been held by that Board on the petition which resulted in a favorable recommendation to the Council for annexation with zoning classification R -3C which allows 10 units per acre. Their determination and feeling was that it is an area that should belong to Palm Beach Gardens and that service could more properly be given to that property by Palm Beach Gardens than from the County. He also stated the zoning classification would not go against the County's long range use plan. In answer to Councilman Martino's question regarding buffer zones, Mr. Arbree, representative for Mr. Koski, explained a natural buffer .� of Australian pines'50 feet high were on the West end of the property, single family residences 190 feet from the property to the West, eight small rental units to the South and vacant property to the north zoned R -5 in the City. ORDINANCE Ordinance #4, 1973 - Annexation of lands in Section 5 -42 -43 was read #4t 1973: by title only, on second reading, by the City Clerk and unanimously adopted by the Council. SITE PLAN A Public Hearing was held on the Site Plan Review Ordinance. Mr. REVIEWS Andersen again reiterated the Planning and Zoning Commission's recommendation to accept the Site Plan Review Ordinance would allow the City to be in a bargaining position with the developers so they would have an opportunity to get better looking developments in the area; developments that would allow the City to have better control u over the traffic flow and traffic uses, better aesthetics thereby keeping with the overall quality of the environment and lifestyle which Regular Meeting, December 6, 1973 Page 3 the Board and the Council are trying to continue to achieve in Palm Beach Gardens. Charles Breder, Vice Chairman of the P &Z Commission,further qualified the concern on the part of the Council regarding the increased load to the Commission with the passage of a Site Plan Review Ordinance by stating such an Ordinance would materially reduce the time that will be involved and eliminate developers from being delayed, would reduce PUD'S and at the same time give control to the City which they don't possess at the present time. Councilman DeLonga suggested that the Industrial Zoning District be added to the Ordinance. Councilman Martino stated the passage of the Ordinance would increase the activity of the controlled growth of the City and would greatly ORDINANCE enhance the future status of the City. He moved that Ordinance #27, #27, 1973: 1973 - Site Plan Review be placed on second reading, by title only, and amended to add "Industrial Zoning District" in the caption and paragraph 1 of Section 1. Motion was modified by Councilman Martino to read the Ordinance in full, seconded by Councilman UeLonga and unanimously carried. Ordinance #27, 1973 - Site Plan Review was read in full with the amendment, on second reading, by the City Clerk. Councilman DeLonga moved that Ordinance #27, 1973 - Site Plan Review be adopted. During discussion on the motion, Councilman Wiley expressed concern that the statement "except in an R -2 Medium Density Residential should District " /be last and the positive aspect first and also in Paragraph 4 after "any aggrieved petitioner" to add "any aggrieved person" Mr. Andersen commented on Councilman Wiley's statement that it would not be appropriate to add any aggrieved person for the reason that this is not a granting of a zoning classification, a special exception or a conditional use, but merely a review process by a Board in the Regular Meeting, December 6, 1973 Page 4 City, which the City does not have at this time, and that anyone other than the property owner does not have any right in this situation. Attorney Brant verified from the legal aspect that members of the general public do not have standing to appeal because the only function of the Site Review Ordinance is to assure compliance with the existing ordinances. Councilman DeLonga modified his motion to adopt Ordinance #278 1973 to accept paragraph 1 as reworded by Councilman Wiley, seconded by Councilman Martino. Councilman DeLonga later withdrew his motion to modify paragraph 1 as reworded by Councilman Wiley, and Councilman Martino withdrew his second. Councilman Martino questioned why the statement "except in an R -2 Medium Density Residential District "was included and moved that the exception be stricken from Paragraph 1 , seconded by Councilman Wiley. Vote on motion - Mayor Kiedis, Councilman Bailey and Councilman Martino voted aye, Councilman DeLonga voted nay. Motion carried by a vote of 3 to 1. Motion was made by Councilman Wiley, seconded by Councilman Martino and unanimously carried to strike the wording "except in an R -2 Medium Density Residential District" from the Caption of the Ordinance and in Section 1. add 6 after the word Chapter. Motion made by Councilman Wiley, seconded by Councilman Martino that Ordinance #27, 1973 be adopted. Motion unanimously carried. PARKING A Public Hearing was held on Parking Spaces in Shopping Centers. SPACES IN SHOPPING Mr. Breder, Vice Chairman of the Planning and Zoning Commission CENTERS; reiterated the history of the Ordinance stating over a year ago in reviewing an initial application for Oakbrook Shopping Center, the Planning and Zoning Commission became aware that the Code required Regular meeting, December 6, 1973 Page 5 15 parking spaces per 1000 sq.ft. of retail floor area for a shopping center which was far in access of the normal adopted by the industry. Information was obtained and studied from other sources and the Board found that 5.5 parking spaces was a proper average for large shopping centers which was the recommendation to the Council. Parking spaces for shopping centers less than 50,000 sq.ft. has been left open for further study. ORDINANCE Ordinance #21, 1973 Parking Spaces in Shopping Centers was read by #21� 1973: title only, on second reading, by the City Clerk and unanimously adopted by the Council. ORDINANCE Ordinance J #26, 1973 Annexation of lands in Section 13 -42 -42 was read #26, 1973: in full, on first reading by the City Clerk. Ordinance #26, 1973 will be workshopped at the next meeting December 13, 1973. Attorney Brant clarified Councilman Wileyts concern that the Planning and Zoning Commission has the authority to grant a conditional use and by their approval and recommendation to the Council, the annexation procedure is simultaneous with the conditional use. The word hereto in Section 2 was changed from thereto. Councilman DeLonga requested that the drainage situation at the St.Ignatius site be clarified by the City Manager before advertising for a Public Hearing. RESOLUTIONS: Nominations to fill the vacancy on the Planning and Zoning Commission were made as follows: Mayor Kiedis nominated Don Kiselewski, Councilman DeLonga nominated Charles Jacobs, Councilman Wiley nominated Charles Jacobs explaining he had considered the composition of the Board as it stands and wished to maintain a balance and he also considered the geographic location of the homes of the applicants. He suggested at a later date expanding the Board to seven members and Councilman DeLonga agreed. Regular Meeting, December 6, 1973 Page 6 Councilman Martino nominated Dr. James Smith and later withdrew the nomination in view of the fact that it was determined the Planning and Zoning Commission at their November 13, 1973 had made the recommendation of the name Charles Jacobs. Resolution #56, 1973 - Appointing a member to the Planning and Zoning Commission and inserting the name Charles Jacobs was read in full by the City Clerk and unanimously adopted by the Council. Objecting to RESOLUTION Resolution #57, 197�V Billboards and signs located in the County area #57t 1973: _ adjacent to Municipalities was read in full by the City Clerk and unanimously adopted by the Council. The City Clerk was irs tructed to send copies to the Town of bake Park, The Village of North Palm Beach and the City of Riviera Beach. RESOLUTION Resolution #581, 1973 Amending the Merit System Rules and Regulations # 58, 1973: _ regarding holiday pay, by unanimous vote of the Council, was deferred for action to the next Regular Meeting on December 20, 1973. Resolution #58, 1973 after further study of information supplied by Councilman DeLonga will be workshopped at the meeting on December 13, 197= Attorney Brant was instructed to re -draft the Remlution incorporating the thoughts of Councilman DeLonga and spelling out the Merit System Rules and Regulations as they will be written. RESOLUTION Resolution #59, 1973 appointing Chief Ed Arrants, Civil Defense #59, 1973: Director for the City was read in full by the City Clerk and unanimously adopted by the Council. PETITIONS AND COMMUNICATIONS: Mayor Kiedis acknowledged receipt of a communication from Mr. Liljedahl , Manager, Meadows Trailer Park, who will be advised that, according to his request, members of the Council will act as judges for their Christmas Decoration Contest, on a night to be determined Regular Meeting, December 6, 1973 by the Council after December 20, 1973. Page 7 PAM PAXTON: A communication was received by Mayor Kiedis from Pam Paxton thanking the Council for the award she received as a winner of the Miss Jr. Orange Bowl Contest. MRS. Mayor Kiedis acknowledged receipt of a letter from Mrs. Don Kiselewski KISELEWSKI: offering the services of the Palm Beach Garden's Women's Club regarding the bicycle safety program which was forwarded to vice Mayor Dunbar. FLORIDA Letter was received from the Florida Department of Transportation DEPARTMENT OF regarding the funding of State Road 74 in Palm Beach Gardens and TRANSPORATION: the Council unanimously concurred with the system change to the Federal Aid Urban system and will notify them of same. FLORIDA The letter received from the Florida Public Service Commission PUBLIC SERVICE COMMISSION: regarding water service for fire protection rendered by Palm Beach U County Utilities will be answered by Councilman Wiley with a draft of the letter given to the Council for their approval at the next Workshop Meeting, December 13, 1973, Councilman Wiley stated there was no indication in the letter that the situation was being resolved and he wishes to further pursue the issue. UNIVERSITY The Council concurred with the estimated population figure of 8,315 OF FLORIDA: as prepared by the Bureau of Economic and Business Research, University of Florida. REPORTS: Mayor Kiedis reported he had visited the new proposed sewer plant location with Mr. Trapnell of the Palm Beach County Utility Company and he will arrange for the Council to meet at the site on Saturday, December 8, 1973 at 9:30 P.M. Regular Meeting, December 6, 1973 Page 8 ITEMS FOR DISCUSSION: EXPENSES FOR 1. A motion was made, seconded and unanimously approved to rescind WINNERS OF MISS PBG the motion made at the Regular Meeting November 15, 1973 authorizing CONTEST: $25.00 for the winners of the Miss Palm Beach Gardens Contest and that the expenditures not be made. This was done in concurrance with a recommendation from the City Manager and the Recreation Director. HEARING ON 2. The Council by unanimous vote opposed the petition from Tylanders PETITION FROM TYLANDERS: for rezoning property in the County on the South Side of Northlake Blvd. adjacent to City property to Zoning Classification LI and the City Clerk will so advise the Palm Beach County Board of Commissioners and the Planning and Zoning Commmission of Palm Beach County. ITEMS BY MAYOR AND COUNCIL: COUNCILMAN Councilman DeLonga requested that the question of overtime pay for DE LONGA: Police Officers for in -house schooling be referred to the Merit System Board. FIRE CODE: Attorney Brant reported the Fire Code Ordinance was ready for typing as other similar codes had been received from surrounding Cities. W.S.MEETING By unanimous vote of the Councils the Workshop Meeting of December 27, CANCELLED- 1973 was cancelled. SIGN ORD.: Attorney Brant reported the draft of the Sign Ordinance had been given to Councilman Martino for his perusal and copies will be given to the Council for the Workshop Meeting December 13, 1973. MAYOR The Council, by unanimous votep authorized the Doctorts fees be paid KI EDIS : for the innoculations given to the City employees and Council members, to be taken from the City Council Contingency Fund. The Council expressed no objection to the request for a building permit fvom Louis Szymanek. Approval from the County Board of Health had been Regular Fleeting, December 6, 1973 Page 9 received for a Septic Tank. The Council agreed that the Christmas Party for the employees be arranged at their convenience, however if it is held on Friday, December 21, 1973, the employees are to work a full day on Monday, December 240 1973. COUNCILMAN Councilman Martino requested that the Building Inspector prepare a MARTINO: list of permits issued for new buildings that have a septic tank approval. Councilman DeLonga will determine from the School personnel what the status is of the lights at the tennis courts at the High School. COUNCILMAN Mayor Kiedis will be the Council representative to the Planning and WILEY: Zoning Meeting on Tuesday, December 11, 1973 in place of Councilman Wiley who will be unable to attend. ADJOURNMENT: No further business, meeting adjourned at 10:00 P,M. br,2 JOHN KICDIS ��CE MAY?$( ORDON DUNBe du Alice Jean Kerslake, City Clerk .COUNC IL1 -" WALTER 'WILEY \ E^ _` t ©UNCIL� IAN JAFIES LONGA COUNCILMAN MIKE P%RTINO