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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