HomeMy WebLinkAboutMinutes Council 022890CITY COUNCIL
® SPECIAL REGULAR MEETING
CITY OF PALM BEACH GARDENS
FEBRUARY 28, 1990
The Special Regular Meeting of the City Council of Palm Beach Gardens,
Florida, was reconvened from February 22, 1990, by Mayor Martino in the
Assembly Room of the Municipal Complex, 10500 North Military Trail, Palm
Beach Gardens, Florida at 8:04 P.M.; and opened with the Pledge of
Allegiarre to the Flag.
ROLL CALL The Secretary called the roll, and present were Mayor Martino, Vice Mayor
Aldred, Councilwoman Monroe, Councilman Kiselewski and Councilman Russo.
PUBLIC GOLF COURSE Mayor Martino stated that the purpose for the Special Meeting was to con-
tinue the discussion and hopefully bring to fruition the subject of the
proposed municipal golf course contract in conjunction with Public Golf
Corporation.
Attorney Brant stated the Council had received a final draft this evening.
The contract is the same as Tuesday, with paragraph 5 now being
deleted. Attorney Brant stated that a couple of exhibits had been
updated. Attorney Brant stated that from a legal standpoint, the
document is enforceable. Attorney Brant stated thall since this is on an
emergency basis, it takes 4 affim-dtive votes to approve under an
Ordinance. Attorney Brant stated he has also provided a Resolution which
would only require 3 affirmative votes. It would be a decision of the
Council to use the resolution or ordinance.
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CITY COUNCIL SPECIAL REGULAR MEETING, 2/28/90
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PAGE TWO
Thr wily Manager reviewed comments to the City Council in his memo dated
2/27/90 re: letter the City received from the DER stating the project as
submitted would not be approved by DER. They were very emphatic they
could not approve it in the current condition and they went so far as to
state that they would recommend the land be used for something different,
less harmful to the wetlands and that it would require a permit to
proceed. Mr. Orr also stated the City received a letter from Howard
Searcy stating that the DER was in error in submitting their comments and
that they were premature. Mr. Orr stated he spoke with DER today re:
approval procedure, they are waiting for the vocal office to inspect the
property. Once they inspect the property and issue their comments, the
DER will ask for additional information which will require additional per-
mit fees to be submitted to them to continue the process. After they have
had an opportunity to review information submitted, they will have an
inspection of the property. The inspection will take place using a heli-
coptor and aerial photography. Mr. Orr explained the time allowance for
each step of the approval process. Councilman Kiselewski questioned how
DER in Tallahassee found out about the application. Mr. Orman stated the
application format was submitted to the local office and Tallahassee. Mr.
Orman feels DERM locally will have jurisdiction and ususally DER accepts
the County's staff comments. Mr. Orman stated they are committed to
coming back to the Council with the final plans and working drawings,
which must be approved before Public Golf Corporation is paid anything.
Mr. Orr. is concerned with the wording "shall not be unreasonably
withheld ". Lir. Orr expressed his concern with DER having jurisdiction.
® Mr. Orr felt the Corp of Engineers could be more difficult than the DER.
CITY COUNCIL SPECIAL REGULAR MEETING, 2/28190
PAGE THREE
Mr. Orr felt if the course had to redesigned, time constraints may be a
problem. Attorney Norris stated if the City needed additional time to
review, it could be arranged. In response to Mr. Orr, Attorney Norris
stated he could not guarantee the course would look the same as presented.
Attorney Norris stated that the way the agreement is worded, Public Golf
Corporation is agreeing to provide the City with a golf course as
described in Exhibit "C and Exhibit "D ". The provisison re: the City's
approval has to do with the requirement they provide the City with the
technical drawings. The Agreement is specific re: the technical specifi-
cations being based upon the narrative description and the drawing that is
attached thereto. Attorney Norris stated that if Public Golf Corporation
came forward with something which is totally out of line with this
description and the drawing which is attached thereto, it would not be
consistent with this Agreement. Attorney Norris stated that the provi-
sion which has Public Golf Corporation submitting plans to the City, gives
them the flexability to make changes to thi general layout of the golf
course.
Councilman Kiselewski wanted to see how this could be covered to protect
the City and also if they have to change the golf course in some mine-
fashion to please DER, he felt it was not the City's fault. Attorney
Brant stated in the contract is the provision for an 18 -hole Championship
Golf Course. There cannot be major deviations to the course.
Mr. Orman stated that if DER does not have jurisdiction, they feel the
golf course will look just about like what has been presented. If DER
does take jurisdiction, there may be some changes required in terms of the
holes on the south end. If Public Golf Corporation cannot deliver a golf
CITY COUNCIL SPECIAL REGULAR MEETING,2 /28/90
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PAGE FOUR
course which looks similar to what has been presented, there is not a
contract. They would have to come back to redo the contract and show the
City another golf course. The City would have to approve it again, there-
fore the clause stating "unreasonably withheld" would no longer be opera-
tive. Attorney Brant did not feel the letter from the DER could be
ignored. Mr. Orr stated he had asked DER if the letter was out of
sequence, and they stated it was not.
Mayor Martino stated that if the Agreement is signed tonight and Public
Golf Corporation does not have the permits by July 31st, he will not
entertain any extensions.
After further discussion, the following changes were made to the contract:
Page 3
5.8.1,
1st line:
insert
"written" between "obtained" and "approvals ";
Page 4
1st Paragraph
'rs-f—Tine:
insert
"written" between "These" and "approvals ";
2nd line:
insert
"written" between "the" and "approvals ";
5th line:
replace
"staff" with "Board ";
,7th line:
insert
"written" before "approval ";
7th line:
replace
"will" with "may ";
9th line:
insert
"written" between "these" and "approvals ";
Page 8
31.
Tr
insert
"1" in blank Tine;
Exhibit "A"
include
north, south, east and west footage in legal
description;
Exhibit "C"
. A. Title:
after "Course" add ", Suitable For Public Play. ";
2nd line:
after "sand traps" add ", aqua /driving range ";
CITY COUNCIL SPECIAL REGULAR MEETING, 2128190
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PAGE FIVE
Bottom of
Page, add
paragraph: "Any deviations in final design drawings or specifica-
tions pertaning to the above, must be approved by the
City Council prior to closing, and such approval shall be
in the discretion of the City Council. ";
Exhibit "D" delete "scale" and add footage around golf course design
- "north - 1317.581" "south - 1346.451" "east - 4636.56111
and "west - 4650.8710
Exhibit "F"
P-age 3
2.5
8th line: delete "co - ";
Page 6
8.2
3rd line: after Contract, add "or Seller shall become bankrupt and
shall be under the jurisdiction of the Bankruptcy
Court, ".
Councilman Russo stated he is more and more uncomfortable as the days go
by because of the following concerns: DER letter, the City going into
debt in excess of $6 million with a company that doesn't have a track
record in municipal golf courses and which doesn't have financial stabi-
11ty. He feels the appraisal is not complete because of the land value,
on land which is environmentally sensitive. Councilman Russo also felt
the City should have the final plans. Councilman Russo stated he is 1007
in favor of having a muncipal golf course, but he is not in favor of this
particular golf course.
Mayor Martino declared the Public Hearing open, which was duly adver-
tised. Mayor Martino directed the City Clerk's Office to attach the
following documents to the minutes and reference as being part of the con-
versation during this meeting:
1. Letter dated February 20, 1990 from Florida Department of
CITY COUNCIL SPECIAL REGULAR MEETING, 2/28/90
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PAGE SIX
Environmental Regulations;
2. Letter dated February 27, 1990 from Howard L. Searcy, consulting
engineer, responding to the letter from DER, on behalf of Public Golf
Corporation;
3. Letter from Brant & Baldwin to David Norris, Esq., dated February 28,
1990, c::tlining concerns regarding the contract;
4. Comments from City Manager referenced in Memorandum to City Council,
dated February 27, 1990.
There being no comments from the public, Mayor Martino declared the Public
Hearing closed.
Councilman Kiselewski made a motion to read Ordinance 2, 1990, in its
entirety on first reading on an emergency basis, seconded by Vice Mayor
Aldred. Per a vote of 4 ayes, and one nay, the Secretary read Ordinance
2, 1990, in full, on first reading. Councilman Russo cast the nay vote
for reasons previously mentioned.
Councilman Kiselewski made a motion to read Ordinance 2, 1990, by title
only, on second and final reading, referencing changes made to the
Agreement and Exhibits, seconded by Vice Mayor Aldred. "er a vote of 4
ayes and one nay, the Secretary read Ordinance 2, 1990, by title only, on
second and final reading, referencing changes in the Agreement and
Exhibits. Councilman Russo cast the nay vote for reasons previously men-
tioned.
Councilman Kiselewski made a motion to approve and adopt Ordinance 2,
1990, seconded by Councilwoman Monroe. Ordinance 2, 1990 was adopted by
the City Council with a vote of 4 ayes and 1 nay, with Councilman Russo
E
L.J
CITY OF PALM BEACH GARDENS
10600 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 • 622.1200
February 26, 1990
TO : City Council
FROM r, Jr., City
Manager y lie a5UNECT: Golf
Course
In order to go forward with the golf course, the course would have
to be redesigned based on this letter from DER. Then, it is
questionable wither DER would approve it due to the fact it cannot
be approved as it is presently designed and that they would recommend
some lesser use be made of this site that would not have the impacts
on the wetlands.
If we should proceed the scrutiny by the DER would hamper the develop-
ment of the golf course.
A -M A h, ,
E
L.J
CITY OF PALM BEACH GARDENS
10600 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 • 622.1200
February 26, 1990
TO : City Council
FROM r, Jr., City
Manager y lie a5UNECT: Golf
Course
In order to go forward with the golf course, the course would have
to be redesigned based on this letter from DER. Then, it is
questionable wither DER would approve it due to the fact it cannot
be approved as it is presently designed and that they would recommend
some lesser use be made of this site that would not have the impacts
on the wetlands.
If we should proceed the scrutiny by the DER would hamper the develop-
ment of the golf course.
r`
Florida Department of Environmental Regulation
Twin Towers Office Bldg. * 2600 Blair Stone Road • Tallahassee, Florida 32399 -2400
arsb Marina, Governor Dale hachtmann, Secretary John Shearer, Assistant Secretary
�T'y[
OF M1O�'Pr'
CERTIFIED MAIL - RETURN RECEIPT REOUESTED
February •20, 11990 ��72
Public Golf Corporation D t5 R Ow L5
c/o Howard L. Searcy, P.E.
2000 Palm Beach Lakes Blvd., Suite 702
West Palm Beach, Florida 33409 FB 2 6M
Dear Mr. Searcy:
File No. 501753559, Palm Beach County
Fvblic Golf Corporation
Preliminary evaluation of your proposed project leads staff to
the conclusion that the project cannot be recommended for
approval. While this is by no means final agency action or
notice of intent thereof, it does represent the staff review of
your application based on considerable experience in permitting
matters. We are sending you this letter at this early stage of
the processing to allow you to assess fully the further
commitment of financial resources for design dependent on
permit issuance.
The project proposed is for the construction of a golf course
and support facilities on a 140 acre parcel west of the City of
Palm Beach Gardens in Palm Beach County. As proposed it
appears that this project would result in the elimination of
13.9 acres of jurisdictional wetland from the placement of fill
for golf course construction, and the conversion of 13.9 acres
of jurisdictional wetland to 17 ft. deep lakes for construction
of the water management system. While a field report from our
district office has not been received, a preliminary review of
your application indicates that these wetlands are currently
providing all of the valuable water storage, water quality
enhancement and wildlife habitat benefits normally attributed
to wetland areas.
0
File No. 501753559
February 20, 1990
Page 2
® In addition it appears that the proposed water management
system will be connected to waters of the State upon project
completion. please be advired that lakes dug to the proposed
depth of 17 ft. are not expected to meet State Water Quality
Standards and therefore cannot be permitted if connected to
Jurisdictional areas.
In order to alleviate the Department's concerns your project
should be modified to reduce your wetland impacts by excavating
the proposed lake system from uplands and redesigning the golf
course layout to reduce fill placement-in jurisdictional areas
to the greatest extent possible. This should be accomplished
by restricting wetland impacts to wetland crossings for
vehicular accesc in the narrowest wetland areas. If wetland
impacts cannot be minimized as specified above due to the
proposed usage of this area for a golf course, serious
consideration should be given to modifying the proposed site
plan to incorporate a development with less spacial
requirements.
Staff will continue to process your application in the normal
manner. We will fully evaluate the impacts of your proposal
when you submit the information requested in our February 22,
1990 completeness summary. If you wish to discuss revisions to
your project design that would better incorporate existing
wetland systems into the desired site development, please
contact Jeff Leips at (904) 488 -0130.
Sinc rely,
Janet G. Llewellyn, Chief
Bureau of Wetland Res,5�prce
Management
JGL /JL /clw
cc: U. S. Army Corps of Engineers
DER, Larry O'Donnell, Southeast District Office
Public Golf Corporation
City of Palm Beach Gardens
Clerk Stamp
FILING AND ACKNOWLEDGE?lENT
FILED, on this date, pursuant to §120.52(9),
Florida Statutes, with the designated Department
Clerk, receipt of which is hereby - acknowledged.
6 a- a]
C1er. ate
Howard L. Searcy Imo!
CONSULTING ENGINEER, INC.
2000 Palm Beach Lakes Blvd. o Suite 702 • West Palm Beach, FL 33409
® Telephone 407 - 684 -3375 Fax Dumber 407 -689 -8531
February 27, 1990
ov
Mr. John L. Orr rCa
City Manager Z T
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Subject: Proposed Municipal Golf Course,
Public Golf Corporation
Dear John:
We have been asked to comment on a letter dated February 20,
1990 from Ms. Janet G. Llewellyn of the Florida Department of
Environmental Regulation regarding the above subject project.
Her letter indicated concern about the permitability of the
project under current Department of Environmental Regulation
policy, particularly with regard to the excavation of a lake in
jurisdictional wetlands to a depth of approximately 17 feet and
further the conversion of jurisdictional wetlands to a open
surface water body as a part of the water management system.
Such letters as this have become a part of the Department of
Environmental Regulation standard early correspondence to
applicants to bring attention to concerns that they have
regarding the project. However, in this case, Ms. Llewellyn's
letter is premature since there has been no precise determination
of the lands that are jurisdictional under Department of
Environmental Regulation rules. That determination is about two
(2) weeks away from being made by the local office. The lakes
which she is concerned about are in our opinion in non -
jurisd�ctional areas since there is not a continuity of
connec ,lion of these impacted wetlands to the higher quality
wetlands on the north end of the site. Our plan is to excavate
the heavily impacted wetlands on the southend of the site into
lakes and to connect them to the wetlands by an overflow
structure which will not discharge except during events greater
than the one in 25 year storm. This complies with Department of
Environmental Regulation policy for effecting a hydraulic
separation. Construction of the golf course on the southend will
accommodate that storm without damage to the golf. course. We
cannot excavate lakes in the uplands because of the preservation
requirements of the Department of Environmental Resources
Management and your proposed upland preservation ordinance.
is
LAW OFrICC3
BRANT AND BALDWIN
® 33C rrDCPAL HIGHWAY
LANE PARK, FLORIDA 33403
i407) 345-1100
Wtuclwx 8F[wvr
Groxae W. BALDWIN February 28, 1990
David Norris, Esq.
Cohen, Cohn & Silverman, P.A.
712 U. S. Highway One
North Palm Beach, Florida 33408
Re: Pending Go:.E Course Contract between Public
Golf Corporation and the City of Palm Beach
Gardens
Dear David:'
I have reviewed the proposed final draft of Agreement in minute
detail and have consulted with the City Manager for absolute
finality.
1. The Manager's understanding of the City Council mandate
was that Paragraph 6 of the main Agreement would be struck in its
entirety. The paragraph was modified to provide for unconditional
consideration of an agreement between the management parties. The
Manager has directed it be struck,
In paragraph 7A, Exhibit "C" contains no drawings, but
is entitled "Narrative Description of Improvements ". Paragraph 7A
should read: A. Narrative Description of Improvements attached
as Exhibit "C ", and the same verbage should be substituted in
Paragraph 9, Specification.
2. Further, in Paragraph 9A after the words, golf course,
"described in Exhibit "D" should be inserted; and likewise, in the
-fourth line of Paragraph 8Bi, the words, "described in Exhibit I'D"
should be added after the words, golf course.
3. In Exhibit "CI' Paragraph A, in the third line after
the words, golf course., the words "as laid out in Exhibit "D"
should be added.
4. Exhibit "E ", Projected Construction. It is my strong
recommendation that we either update a realistic schedule or strike
same as the current exhibit has no applicability.
I have reviewed the letter received from the DER and Mr. Searcy's
reply received by the City late yesterday. If there is any reasonable
n
L.J
• February 27, 1990
TO: M YOR AND MEMBERS CF THE CITY COUNCIL
i
FROM: JbH ORR - CITY MANAGER
SUBJECT: Weekly Report - Scheduled Meetings /Events,
Correspondence, General Information, Action Taken,
Recommendations
Scheduled Meetings & Events
1. P &Z Commission - Tonight, 2/27/90, 7:30 p.m.
2. Landscape & Tree Preservation Ordinance Committee - Wednesday,
2/28/90, 7:30 p.m.
General Information
1. Reminder...Special Meeting on the Proposed Municipal Golf
Course tomorrow night (Wednesday), 2/28/90, 8 p.m.
2. Enclosed for your review and consideration is a copy of an
agreement from Steve Tendrich relative to the location of the
entrance road to the city park at PGA National, dated February
26, 1 1?90. Also enclosed for your review and consideration is
an amendment to the agreement dated May 7, 1986 allowing the
gates in PGA National to remain in the down position on a 24
hour basis 365 days a year.
3. A letter outlining some of the rationale for giving the exclu-
sive franchise agreement to Waste Management for roll -off and
compactor hauling is enclosed for your review and consideration.
4. We have received a proposal for the Space Allocation and Needs
Study from 6pillis Candela & Partners, Inc. (copy enclosed).
5. ^ have received an amended agreement for the purchase /sale of
the golf cour,3e property and the golf course dated 2/27/90.
The agreement (copy enclosed) on Page 4 includes mention of the
Management Agreement and states that the purchaser and seller
may unconditionally execute and enter into the Management
Agreement. I think that #6 should be deleted from the contract.
On Page 5, under 9- Specifications, I question what is reasonable
and this was brought to the forefront by the letter from the DER
which indicates that the present golf course configuration must
be changed, and we have no assurance of exactly what the golf
course will look like until after the agreement has been signed.
On Page 8 the acceptance date to be executed by both the seller
and purchaser has a March , 1990 date, which leaves me to
believe that possibly we co—MT— exceed the March Ist date.
Mayor & Council
Page 2
February 27, 1990
40 Under Exhibit C (A.), the ?8 -hole Championship Golf Course last
paragraph s' . *::id hzIve $x-.,:bit D Pinall be per attachment.
I can find no other place in the contract that has reference to
Exhibit D which is the layout of the golf course, therefore,
modifications by tho DER, Corp of Engineers, and any other
regulatory agency could severely impact the layout of the pro-
posed golf course.
Also enclosed for your review is a letter from Howard Searcy,
P.E. relative to the proposed Municipal Golf Course.
I would ask the Council to review the agreement along with my
comments and any other comments that we may receive from
Attorney Brant very carefully so that you may give proper deli-
beration prior to making a final determination on the agreement.
6. Doug• Hood will present renderings of the signage for the Lake
Catherine Sports Complex at Thursday night's meeting.
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