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CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
JANUARY 4, 1990
The Regular Meeting of the City Council of Palm Beach Gardens, Florida,
was called to order by Mayor Martino in the Assembly Room of the Municipal
Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, at 8:00
P.M., and opened with the Pledge of Allegiance to the Flag.
ROLL CALL 'The City Clerk called the roll, and present were Mayor Martino, Vice Mayor
Aldred, Councilwoman Monroe, Councilman Kiselewski and Councilman Russo.
APPROVAL OF MINUTES The minutes of the Regular Meeting of 12/7189, the Workshop Meeting of
12114/89 and the Regular Meeting of 12/21189 were unanimously approved as
written.
ANNOUNCEMENTS Mayor Martino announced there would be a meeting of the Merit System Board
on Tuesday, 1/9/90, at 7:30 F.M., a meeting of the Planning & Zoning
Commission on Tuesday, 1/9/90 at 7 :30 P.M. and a meeting of the
Beautification and Environmental Committee on Wednesday, 1 /10 /90 at 7:30
P.M.
CITY COUNCIL ITEMS
BY THE CITY MANAGER
INTERLOCAL
AGREEMENT The City Manager reported that the County Commission approved the
interlocal Agreement for the impact fees to be used for Burns Road on
January 2, 1990.
JOHN D. AND
CATHERINE T.
MacARTHUR
FOUNDATION The City Manager reported on a letter he was forwarding to the John D. and
Catherine T. MacArthur Foundation regarding the acceptance of
approximately 16.9 acres of land north of Burns Road as additional park
® lands. Based on the code, the Foundation would receive credit of 736,164
CITY COUNCIL REGULAR MEETING, 1/4/90
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square feet to be appiied for future developers of Foundation properties.
PUBLIC GOLF
COURSE Regarding the proposed Public Golf Course, the City Manager reported that
there is a deadline of February 28, 1990 on closing of the property, and
felt the City needed to move forward with and appoint an underwriter and
bond counsel.
The City Manager reported two proposals for the feasibility study have
been received, one from Laventhol & Horwath with an initial fee of
$20,000, and another from Ernst & Young with an initial fee of $35,000.
Both proposals are initially the same, along with additional out -of- pocket
expenses. Vice Mayor Aldred gave a report on his determinations of the
meeting with the Public Golf Corporation. The long -term lease agreement
which the City wished to enter into cannot be done due to new Internal
Revenue Service regulations. Vice Mayor Aldred felt that a feasibility
study needed to be done to insure numbers that are being used by the pro-
posed developer are reasonable, valid and that the revenues from the
operation could pay for the entire bond issue. Councilman Kiselewski and
Councilwoman Monroe agreed with the feasibility study but did not agree
wtt,i the schedule. Councilman Russo agreed with the feasibility study if
the developer will adhere to a more reasonable schedule. The City Manager
explained the reasons for the schedule, stating there are options on the
property and the developer needs to know whether to go with the municipal
or private sector.
Mr. Bob Norris, Public Golf Corporation, addressed the City Council
regarding the schedule of opening the golf course. Mr. Norris reported
CITY COUNCIL REGULAR MEETING, 1/4/90
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PAGE 3
that they do have a contract on the land with a cash deposit down. Mr.
Norris reported that they will not have all of the permits when they close
and offered to negotiate a buy -back arrangement if all permits could not
be obtained.
Mr. Joe Wise, Senior Vice President of Hough & Co., addressed the City
Council in reference to the feasibility study. Mr. Wise reported that the
land, once purchased by the City, could be used for any lawful purpose.
The feasibility study would be a financial feasibility study, not address
the construction of the golf course. The feasibility report could be
applied to another site.
Kevin Mulshine, Vice President Hough & Co., addressed the City Council
® regarding the cost and construction of the course in conjunction with
other courses of similiar size.
Per a recommendation of the City Manager, Councilman Kiselewski made a
motion, seconded by Councilman Russo, to have the feasibility study done
by Laventhol & Horwath, that an agreement be established, the money for
the feasibility study will be taken from the Council contingency account,
to be replaced by proceeds of the bond if the programs goes through. The
motion was unanimously approved by the City Council.
Per a recommendation of the City Manager, Councilman Kiselewski made a
motion to appoint W.R. Hough & Co. as bond underwiter, seconded by
Councilwoman Monroe. The Motion was unanimously approved by the City
Council.
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CITY COUNCIL REGULAR MEETING, 1/4/90 PAGE 4
is C 1 K t M P1 K-t
ounc, man iselewski made a motien o appoint ogle, am, gang a z,
Fitzgerald & Sheehan, P.A. as bond counsel. Motion was seconded by
Councilwoman Monroe. The motion was unanimously approved by the City
Council. Councilman Kisewelski made a motion that the City Manager and
the City Attorney be authorized to proceed with negotiations as outlined
in this meeting and that the result of the negotiations be brought back to
workshop, seconded by Councilwoman Monroe. The motion was unanimously
approved by the City Council.
Per a recommendation of the City Manager, Councilman Russo made a motion
to pledge non -ad valorem revenues for the bond issue for the golf course,
seconded by Vice Mayor Aldred. The motion was unanimously approved by the
City Council.
I APORTS BY THE
YOR AND COUNCIL
MAYOR MARTINO Mayor Martino wished everyone a Happy New Year.
COUNCILMAN
KISEWELSKI Councilman Kisewelski reported that this Saturday is the Great Aluminum
Round -Up for the Girl Scouts of America.
ITEMS BY THE
MAYOR AND CITY
COUNCIL Councilman Kisewelski reminded the Council that in two weeks they will be
voting on The Sign Code and if anyone has any problems with The Sign Code
to make sure they make the Workshop Meeting next week.
COMMENTS FROM THE
PUBLIC FOR ITEMS
NOT ON THE AGENDA
SAM CARSILLO Sam Carsillo addressed the City Council with concerns, including IS-
wheelers on Military Trail between Northlake Blvd. and P.G.A. Blvd., the
0 helicoptor pad at the hospital, a City -owned library, bicycle paths,
single member districts, mayor elected at large, improvements at the
CITY COUNCIL REGULAR MEETING, 1/4190
PAGE 5
Public Works yard, additional fire department land near Steeplechase,
Adelphia Cable raising rates and the need to name a park after John
Keedis.
MARY ENGLISH
Mary English, 320 Riverside Drive, addressed the City Council regarding
a proposed Resolution between the School Board and the County to split the
cost of buying Lake Catherine.
PEARL BELL
Pearl Bell, 234 Riverside Drive, addressed the %until regarding the usage
of water from Lake Catherine to water the lawr� in the proposed Lake
Catherine project.
RESOLUTIONS
RESOLUTION 109,1989
Richard Walton, Director of Planning and Zoning, addressed the City
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Council regarding the approval of Gardens East Rental Apartments PUD. Mr.
Walton reported they received revised plans from the petitioner yesterday.
Attorney Steve Mathison, authorized agent for Linpro, Inc. addressed the
City Council, stating while the petitioner preferred 36' for internal
roadway widths, the petitioner will construct 39' wide roadways as
requested by the City Council. Attorney Mathison stated the petitioner
has agreed that the size of both pools will be 30' by 50'. Attorney
that; +ison stated it was necessary to eliminate the proposed bridge due to
changes in the site plan.
Mr. Ted Davis, project architect, addressed the Council, detailing revi-
sions to the site plan. Mr. Davis stated some 16 -unit buildings were con-
verted to 8 unit buildings, and stated that the entrances to the buildings
would be on the side.
Attorney Mathison advised the Council that all remaining conditions for
this Resolution is acceptable to the Petitioner and they will abide by
CITY COUNCIL REGULAR MEETING, 1/4/90
PAGE 6
them. Attorney Mathison requested, and the City Council agreed, that
Resolution 109, 1989, be amended as follows: Section 3. - references to
"Foundation Land Company" be changed to read "John 0. & Catherine T.
MacArthur Foundation".
Since the City Staff has not had an opportunity to review revised
landscape plans that the petitioner brought with him tonight, the City
Clerk was directed to add the following to the last sentence in Section 1:
"provided that Exhibit "C" is approved on a preliminary basis. The final
landscape plans shall be approved by the City Council by a subsequent
Resolution."
Mayor Martino declared the Public Hearing open. There being no comments
from the public, Mayor Martino closed the Public Hearing.
Per a consensus of the City Council the City Clerk read, by title only,
including amendments, Resolution 109, 1989, creating a Planned Unit
Development and providing Site Plan approval for the construction of a
four hundred forty eight unit rental community known as Gardens East
Apartments. Mayor Martino stated on behalf of the City Council and Staff,
this particular project seems to have been very complimentary to our pro-
cess and seems to have some architectural treatment and different planning
mechanisms associated with it that makes it exciting. Mayor Martino
encouraged Linpro, Inc. to keep up the standards of quality that our com-
munity is used to. Mayor Martino felt that they would be satisfying a
need for the City. Mayor Martino stated, for the record, to indicate that
In Section VI, the words "on site" have been stricken in the first sen-
tence, third line. A motion was made by Council Kiselewski to approve
CITY COUNCI, REGULAR MEETING, 1/4/90
RESOLUTION 1, 1990
PAGE 7
Resolution 109. 1989, seconded by Councilman Rosso and approved unani-
mously by the City Council.
RESOLUTION 2, 1990 Richard Walton, Director of Planning and Zoning, addressed the City
Council regarding Resolution I and 2, 1990. Due to staff concerns he
recommended that Resolution 1, 1990 and Resolution 2, 1990, not be
appro —d tonight, but continued for two weeks to be approved simulta-
neously with the second reading of Ordinance 1, 1990. Mayor Martino
suggested that these two Resolutions be workshopped at the City Council
Meeting of 1 /11 /90. Attorney Smith indicated that as of now, this project
Is indicated in the Comprehensive Land Use Plan as MXD, Mixed Use, and
would prefer to leave it that way. Mr. Walton stated he was concerned
leaving it MXD and would make it more difficult to accomplish their
intention.
RESOLUTION 3, 1990 Richard Walton, Director of Planning and Zoning, addressed the City
Council regarding the entrance roads and the ultimate right -of -way of PGA
Boulevard. The applicant presented a folder of various signs to be used
in the oroject, including two additional signs; a temporary identification
sign for the project and temporary identification sign for the model
center. Another outstanding issue was the depth of visabi-ity from the
ultimate right -of -way of PGA Boulevard in front of their signs.
Hank Skokowski, Urban Design Studio, addressed the City Council staing
that they will accept the conditions the as- builts confirm. Mr. Skokowski
stated that they have been working on a Comprehensive Signage package for
the entire project and have asked Mr. Walton and Mr. Orr to review and
recommend which elements of the signage program should be a matter of
CITY COUNCIL REGULAR MEETING, 1/4/90 PAGE 8
municipal review. Mr. Skokowski requested a temporary sign to be used no
longer than 120 days, until the permanent sign would be built.
Krent Weland, Landscape Architect, Urban Design Studio, addressed the City
Council regarding the landscaping materials to be used. Mr. Weland pre-
sented the proposed materials to be used, as requested by the Council.
Mayor Martino stated his concern with the end of the median being in the
projected P.G.A. Blvd. corridor. Mr. Skokowski confirmed that a portion
is within the right -of -way, but there was adequate right -of -way and it
would not have to be removed. The City Clerk was directed to make the
following amendments to Resolution 3, 1990: Section 1, insert a new
paragraph to read was follows: "The use of temporary signage shall be for
AM
qW a period of 120 days from date, or upon completion of the permanent
signage, depending which event shall first occur, whereupon said temporary
signage shall be forthwith removed "; Section 3 - remove paragraph and add
new paragraph as follows: "This Resolution shall be effentive upon written
approval by the City Engineer after review of the as -built plans of the
entrance roadway and median based upon traffic safety consideration ".
Per a consensus of the City Council, the City Clerk read, by title only,
Resolution 3, 1990, with Attorney Brant reading the amendments to
Resolution 3, 1990, approving the signage and landscaping located at the
main entrance to the "JDM" Planned Community District at PGA Boulevard. A
motion to approve Resolution 3, 1990 as read and amended, was made by
Councilman Russo and seconded by Councilman Kiselewski. The motion was
approved and adopted unanimously by the City Council.
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PESOLUTION 4, 1990 Richa'd Walton. DirECts,r ^f Planning and Zoning, addressed the City
Council regarding the temporary sales office and 4 -plex model for Lake
Catherine PUD.
Chuck Hathaway, Vice President of D1Vosta b Co., presented to the City
Council a drawing indicating that they have come in with the existing road
and moved the sales center back approximately 160' from the right -of -way
leaving one entrance which will serve the model and the future sales
office site. founcilwoman Monroe suggested planting a hedge in front of
the proposed temporary parking lot, if the lot is going to be used as a
parking lot for a longer period of time. Mr. Hathaway agreed to the
planting of the hedge and initialed the plan'.
Per a consensus of the City Council, the City Clerk, read by title only,
Resolution 4, 1990, approving a temporary sates center and four -plex model
in Lake Catherine, PUD. Councilman Kiselewski made a motion to approve
and adopt Resolution 4, 1990, as amended, seconded by Councilwoman Monroe.
This motion was approved unanimously by the City Council.
ORDINANCES
ORDINANCE 42, 1989 Mayor Martino declared the Public Hearing open, which was duly advertised
12/21/89, and held on the intent of Ordinance 42, 1989, providing for
local implementation of the Water Shortage Plan of the South rlorida Water
Management District.
There being no comments from the public, Mayor Martino declared the Public
Hearing closed.
Per a unanimous vote of the City Council the City Clerk read, by title
only, on second and final reading, Ordinance 42, 1989.
CITY COUNCIL REGULAR MEETING, 1/4/90
PAGE 10
notion was rzJ.� by Councilwoman Monroe to adopt Ordinance 42, 1989,
seconded by Councilman Russo. Ordinance 42, 1989 was unanimously adopted
by the City Council.
ORDINANCE 43, 1989 Mayor Martino declared the Public Hearing open, which was duly advertised
12/21/89, and held on the intent of Ordinance 43, 1989, amending Section
19 -14 of Article II of Chapter 19 of the Palm Beach Gardens Code, which
relates to retirement benefits under the Police Officers' Retirement Trust
Fund, by providing that provisions of the City's Retirement Plan shall
govern when provisions contravene provisions of Chapter 183, Florida
Statutes, that are not mandatory.
There being no comments from the public, Mayor Martino declared the Public
Hearing closed.
® Per a unanimous vote of the City Council the City Clerk read, by title
only, on second and final reading, Ordinance 43, 1989.
A motion was made by Councilman Kiselewski to adopt Ordinance 43, 1989,
seconded by Vice Mayor Aldred. Ordinance 43, 1989 was unanimously adopted
by the City Council.
ORDINANCE 44, 1989 Mayor Martino declared the Public Hearing open, which was duly advertised
12/21189, and held on the intent of Ordinance 44, 1989, amending Section
19 -21 of Article III of Chapter 19 of the Palm Beach Gardens Code, which
relates to retirement and disability benefits under the Firemen's
Retirement Trust Fund, by providing that provisions of the City's
Retirement Plan shall govern when provisions contravene provisions of
Chapter 175, Florida Statutes, that are not mandatory.
There being no comments from the public, Mayor Martino declared the Public
® Hearing closed.
CITY COUNCIL REGULAR MEETING, 114/90
PAGE 11
Per n unanimous vo;.e of the City Council the City Clerk, read, by title
only, on second and final reading, Ordinance 44, 1989.
A mot'(,,, was made by Councilman Kiseiewski to adopt Ordinance 44, 1989,
seconded by Councilwoman Monroe. Ordinance 44, 1989 was unanimously
adopted by the City Council.
ORDINANCE 451_1989 Richard Walton, Director of Planning and Zoning, addressed the City
Councii regarding changes the Flanning Department is recommending to the
text. A Public Safety Element is being proposed, describing the existing
police and Fire operations, facilities and establishes a level of service
standard. Councilwoman Monroe suggested changing 1 -39, paragraph C, third
line, change "with" to "based on ". And at the end of the same sentence,
add ", up to 15 dwelling units per gross acre ". Councilwoman Monroe also
is suggested in 5 -35, Policy 5181, strike "but prior to re -entry of the popu-
lation to evacuated areas" between the commas. The City Council agreed to
these amendments.
Mayor Martino declared the Public Hearing open, which was duly advertised
December 20th and December 30th, 1989, and held on the intent of Ordinance
45, 1989, to propose changes to the use of land and to adopt a
Comprehensive Plan for the City of Palm Beach Gardens.
Roger Lambert, representing Joan Potter, addressed the City Council
regarding 1 acre north of Northlake Boulevard, to change the zoning to
commercial.
Attorney Larry Smith, representing owners of the former RCA property,
requested Industrial zoning on the property.
There being no further comvents from the public, Mayor Martino declared
• the Public Hearing closed.
Per a unanimous vote of the City Council the City Clerk read, by title
CITY COUNCIL REGULAR MEETING, 114190 PAGE 12
on:y on second an* fina'i reading, Ordinance 45, 1989.
A motion was made by Councilman Kiselewski to adopt Ordinance 45, 1989,
seconded by Vice Mayor Aldred. Ordinance 45, 1989, was unanimously
adopted by the City Council.
ORDINANCE 1, 1990 Per a unanimous vote of the City Council the City Clerk read, by title
only, on first reading, Ordinance 1, 1990, City initiated rezoning on the
former RCA site from M -1 (Industrial) to PCD /PUD (Planned Comm nity
Development /Planned Unit Development).
The City Council will workshop Ordinance 1, 1990, at their Workshop
Meeting of 1111190.
ADJOURNMENT There being no further business to discuss, the meeting was adjourned at
12:01 A.M.
ROVAL
MAYOR MARTINO 'COUNCILWOMAN MONROE
VICE MAYOR ALRED COUNCI0 KISELEWSKI
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COUNCILMAN RUSSO
UITN8'A V. KOSIER, CITY LERK