HomeMy WebLinkAboutMinutes Council 062791CITY COUNCIL
SPECIAL REGULAR MEETING
CITY OF PALM BEACH GARDENS
JUNE 27, 1991
The Special Regular Meeting of the City Council of the
City of Palm Beach Gardens, Florida, was called to order
by Mayor Martino at 9:57 P.M. in the Assembly Room of
the Municipal Complex, 10500 North Military Trail, Palm
Beach Gardens, Florida; and opened with the Pledge of
Allegiance to the Flag.
ROLL CALIr The Assistant Deputy City Clerk called the roll and
present were Mayor Martino, Vice Mayor Aldred,
Councilwoman Monroe, Councilman Kiselewski and
Councilman Russo.
4PREHF ISTVE LAND
PLAN AMENDMENT Based on the recommendation of the Local Planning
Agency, Councilman Kiselewski made a motion, seconded by
Vice Mayor Aldred, to transmit to the Department of
Community Affairs for the consideration and
determination of Compliance /Consistency with Statutory
Requirements re: modification to the City of Palm Beach
Gardens Comprehensive Land Use Plan /Map adopted 1/4/90
by Ordinance 45, 1989, providing for various
designations on parcels of land located northeast of the
Beeline Highway re: a 10,217 acre area, 3 additional
land use map amendments and 3 text changes.
The motion was approved by a vote of 4 ayes and 1 nay.
Councilwoman Monroe cast the nay vote for reasons
previously stated during the Local Planning Agency
�TY COUNCIL SPECIAL
REGULAR MEETING, 6/27/91 PAGE 2
Special Meeting.
COMPREHENSIVE JjANp
_
Based on the recommendations of the Local Planning
Agency, Councilman Kiselewski made a motion, seconded by
Councilwoman Monroe to transmit. a Comprehensive Land Use
Plan /Map amendment to the Denartment of Community
Affairs for Determination of Compliance /Consistency with
Statutory Requirements re: modification to the City of
Palm Beach Gardens Comprehensive Land Use Plan /Map
adopted 1/4/90 by Ordinance 45, 1989, providing for
commercial land use designation on 1.8925 acres located
east of Ellison Wilson Road, west of U.S. Highway 11,
south of PGA Boulevard.
Is
The motion was unanimously approved by the City Council.
ITKMM -5 F9F PTSq 1$STON
COUNTYWTDF FuTgRE
LAND US LEMENT
Vice Mayor Aldred stated Mr. Walton has provided the
City Council with comments concerning 4he Countywide
Future Land Use Element.
In response to Councilman Kiselewski, Vice Mayor Aldred
stated he would not be s•irprised to see the Countywide
Planning Council approve the Land Use Element,
recommending it be adopted by the County Commission.
Vice Mayor Aldred stated the Countywide Planning Council
passed a resolution, which will be forwarded after the
July 1st meeting, that suggests the County withdraw
their proposal to change, by referendum, the Charter as
a
�TY COUNCIL
SPECIAL REGULAR MEETING, 6/27/91 PAGE 3
it pertains to the Countywide Planning Council. Vice
Mayor Aldred stated the Charter language they have
proposed thus far would totally eliminate any municipal
representation on the Countywide Planning Council.
Mayor Martino stated the Municipal League :net yesterday
in Riviera Beach and discussed most of the proposals
imbedded in the compromise and suggested that, as a
league, they adopt a motion to suggest that the
compromise of record is worthy of further consideration
and has the endorsement of conversation and perhaps
transmittal by the League. In the same motion was a
comment that clearly spelled out each individual
®
municipality is not bound to raise issues, such as Mr.
Aldred has pointed out, during the course of the Public
Hearing, and have those issues discussed and resolved.
Mr. Walton stated he has been working with the attorney
and Director of the Municipal League and believes t..ey
feel comfortable with the proposal, in essence, but
feels now is the time to express comments and concerns.
There was a consensus of the City Council for Mr. Walton
to attend the Public Hearing held by the Countywide
Planning Council on Monday, 7/1/91.
PALM BEACH GARDENS
— %L GOLF COURSE The City Manager, John Orr, addressed the City Council
and reported that as of today, the golf course is
unplayable because it has not been constructed according
the plans and specifications approved with the Contract.
Y COUNCIL SPECIAL REGULAR MEETING, 6127/91 PAGE 4
Mr. Orr stated the fairway elevations on the front 9 are
low, therefore, effective drainage cannot be
accomplished. Mr. Orr stated the Construction Contract
and Plans and Specifications, which were approved by the
City Council, have not been completed and therefore,
further payments have been withheld under the Contract
Agreement.
Lawrence Smith, attorney representing the City of Palm
Beach Gardens, addressed the City Council stating his
firm was retained at the end of May, by the City, to
assist in this matter. Mr. Smith stated Public Golf
Corporation has been given notice they are in breech of
® the contract and a demand that the course be constructed
in accordance with the contract drawings. Mr. Smith
stated legally the contract has been declared in default
and have given Public Golf Corporation until July 17,
1991, to complete the course according to the contract
documents. Mr. Smith stated Public Golf Corporation has
been given notice that if they do not complete the
course by July 17, 1991, the City will complete the
course at their costs. Mr. Smith stated appropriate
notices have been given under the Performance Bond and a
meeting has been scheduled for Monday, July 1, 1991,
with the bonding company and all parties involved. Mr.
Smith stated an independent engineer, Bob Higgins of
Higgins Engineering Inc., was hired to evaluate the
Y COUNCIL SPECIAL REGULAR MEETING, 6/27/91 PAGE 5
course. His preliminary evaluation has been given to
the Council and Public Golf Corporation. Mr. Smith felt
it would be prudent to proceed with negotiations with
Public Golf Corporation to resolve the problem. Mr.
Smith requested direction from the Council to defend or
prosecute a lawsuit, if necessary, should negotiations
fail.
Per a consensus of the City Council, counsel was
instructed to proceed with further negotiations and if
the issue cannot be resolved, the City may be required
to complete the golf course and go to court to resolve
the issue.
Richard Orman, Pol)lic Golf Corporation, addressed the
City Council stating Public Golf Corporation will do all
they can to cooperate to respond to the requests of the
City, however, he felt Public Golf Corporation cannot
proceed without the draw requests being funded.
David Norris, attorney for Public Golf Corporation,
addressed tie City council stating Public Golf has the
same goal in rind as the City, to finish a golf cours,-�
of which both Public Golf and the City can be proud.
Mr. Norris stated there is a drainage problem on the
front side and their consultants have indicated the
areas where work needs to be performed.
After further discussion by the City Council, there was
• a consensus for Public Golf Corporation to deliver to