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HomeMy WebLinkAboutMinutes Council 010490ID 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 0 PAGE 2 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 is 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. `' J 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 ® 1� 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. 0 f CITY COUNCIL REC'ULAR MEETING, 114190 PAGE 9 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 /> 7 COUNCILMAN RUSSO UITN8'A V. KOSIER, CITY LERK