HomeMy WebLinkAboutMinutes Council 081690CITY COUNCIL
CITY OF PALM BEACH GARDENS
REGULAR MEETING
AUGUST 16, 1990
The Regular Meeting of the City Council of the City of
Palm Beach Gardens, Florida, was called to order by vice
Mayor Aldred at 8:00 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 CALL The Secretary called the roll, and present were Vice Mayor
Aldred, Councilwoman Monroe, and Councilman Kiselewski.
Mayor Martino was not in attendance as he was out -of-
town. Councilman Russo arrived at 8:03 P.M.
A UNCEMENTS Vice Mayor Aldred announced there would be an Art Advisory
Committee meeting on Monday, August 2,�, 1990 at 6:30 P.M.
in the Council Room; a meeting of the Policemen's
Retirement Trust Fund Board on Tuesday, August 21, 1990 at
6:30 P.M. at the Central Fire Station; a meeting of the
Landscape & Tree Preservation Ordinance Committee on
Wednesday, August 22, 1990 at 7:30 P.M. in the Council
Room; a meeting of the Planning and Zoning Commission on
Tuesday, August 28, 1990 at 7:30 P,M. in the Council Floor,
and, a City Council Special workshop Meeting on Thursday,
August 30, 1990 at 7:30 P.M.
PRESENTATIONS vice Mayor Aldred made a presentation to Sgt. Charles Hino
of the Palm Beach Gardens Police Department for fifteen
years of service with the City.
C& COUNCIL REGULAR MEETING, AUGUST 16, 1990 PAGE 2
ITEMS BY THE
SAYS FIFTH AVENUE Tom Cairnes, representing Forbes -Cohen Properties,
presented to the City Council a duplicate of an
Environmental improvement Award plague presented to The
Gardens Mall by First Lady Barbara Bush.
Jim Ryan, representing Saks Fifth Avenue, addressed the
City Council stating the 73,000 square foot store will be
located on the northwest corner of the site, with a
complete circulated landscape plan around the perimeter of
the store. Mr. Ryan stated the main entrance to the store
•
will be directly to the north with a service entrance
directly to the west and all areas will be heavily
landscaped. Mr. Ryan stated the store will be two story
and will tie into both levels of the mall. Mr. Ryan
stated the synthetic plaster material will cover the
entire perimeter of the building with white and pink
marble at the entrance and the only sign will be the "Saks
Fifth Avenue" sign at the north entrance.
Mr. Cairnes stated Bloomingdales is scheduled to open
November 1, 1990 and Saks Fifth Avenue is scheduled to
open a year after that.
The City Council expressed no concerns re: proposed plans.
COMPREHENSIVE PLAN
Rich Walton, Director of Planning and Zoning, addressed
®
the City Council stating the staff has verbally been told
C& COUNCIL REGULAR MEETING, AUGUST 16, 1990
PAGE 3
by the DCA staff the minimum which is acceptable to the
DCA. Mr. Walton stated this has been in the hands of the
DCA for approximately one month and the City has not
received any word from DCA at this time. Mr. Walton
stated most of the issues, excluding traffic and
affordable housing, were resolved by clarification. Mr.
Walton stated the State was not happy with the traffic
circulation proposal for the districts or peak periods.
Mr. Walton stated staff has worked with the State and they
are in agreement that if the city uses the FDOT level of
service based on peak hours, they will allow a radius of
® influence tables currently in the County's proposed
Countywide Comprehensive Plan. Mr. Walton stated staff
has drafted policies for mobile homes which would permit
placement of individual mobile homes within single - family
and multi - family residential districts provided they
comply with all building codes, hurricane velocity
regulations and are subject to any review as provided in
the Cede oP Ordinances.
Councilman Kiselewski recommended the following statement
re: mobile homes, be included in the proposal: "The
structural capabilities of the mobile homes located within
the City shall be verified by a Florida registered
professional engineer. The engineer shall certify that
® said mobile home has the structural capacity to withstand
hurricane force winds as prescribed in the :,tar ,9ard
Co COUNCIL REGULAR MEETING, AUGUST 16, 1990
CITY COUNCIL MEETING
DATE
E
PUBLIC GOLF COURSE
PAGE S
Building Code.' Councilman Kiselewski requested this
statement be forwarded to DCA staff at this time for their
consideration in the proposal.
Attorney Brant stated he did not feel there would be a
problem submitting this statement.
After discussion by the Council, it was decided to discuss
the rescheduling of the Comprehensive Plan at the August
30, 1990 meeting.
Per a recommendation of the City Manager, Councilman
Kiselewski made a motion that the City Council of the City
of Palm Beach Gardens meet only on the first and third
Thursdays of each month at 8:00 P.M. until such time as
the agenda requires additional workshop meetings; seconded
by Councilwoman Monroe. This motion was unanimously
approved by the City Council.
The City Manager reported each coun %ii member had been
furnished a construction status report on the golf course.
XSOLUTION 102, 1990 The City Manager recommended pulling Resolution 102, 1990,
authorizing the Mayor and City Clerk to execute an
Interlocal Agreement with Palm Beach County re: Local
Option Sales Tax, from the Consent Agenda because of
language in Section 5. of the Interlocal Agreement re:
amendment of Interlocal Agreement.
By a consensus of the City Council, Resolution 102, 1990
® was scheduled for the Special Regular City Council meeting
C� COUNCIL REGULAR MEETING, AUGUST 16, 1990
PAGE S
of August 30th. Councilman Kiselewski requested a letter
from the Chair of the County Commission stating what was
stated the night they appeared before this City Council.
REPORTS AND ITEMS BY
L
COUNCILMAN KISELEWSKI Councilman Kiselewski reported he received a letter of
resignation from David Miller of the Arts Advisory
Committee.
Councilman Kiselewski reported he received a phone call
from Stu Barr of the Florida Renegades, who stated he
hoped Palm Beach Gardens residents would give more support
to the Renegades this year.
Councilman Kiselewski reported the Transportation
Disadvantage Committee met and designated the MPO to be
the coordinator and has received funding to support a
position.
Councilman Kiselewski reported the MPO met today re: the
new five year plan and added new projects to the fifth
year of the plan. It appears there will t)e enough money
to fund most of the state roads. Councilman Xi-- olewski
reported the study for the turnpike interchange at
Northlake is included in the plan; however, the funding
for the interchange at Donald Ross Road was excluded, but
may be included later. Councilman Kiselewski stated Tri-
Rail is being studied nationally.
Councilman Kiselewski reported the next meeting of the
Ce COUNCIL REGULAR MEETING, AUGUST 16, 1990 PAGE 6
Solid waste Authority will be held on August 29th and at
that time the Authority will find out what the bond
insurers say they can or cannot do as far as the
assessments are concerned between the residential and
commercial entities as well as the governmental entities.
Councilman Kiselewski stated he is still waiting for the
report on the Marriott.
COUNCILMAN RUSSO Councilman Russo reported he met with Mr. Orr, Lauren
Furtado and Police Chief Frazier to coordinate plans for
the teen center. Councilman Rlzsso stated under the
direction of the Council, the only people able to
participate in the Gardens teen center would be Gardens
residents, however they will look for another building to
coordinate with the other cities involved.
in response to Councilman Kiselewski and Councilman Russo,
the City Manager reported there will be removal of the
temporary walls in the newly acquired Riverside Building.
In response to Councilman Liselewski, the City Manager
stated the only lands received from the MacArthur
Foundation which have been credited to Recreation is the
16.7 acres behind the Klock Building. The City Manager
'stated there has been a requirement to use the property on
Campus Drive for governmental use. The City Manager
stated the a acres on Northlake Boulevard, and the 16.7
® acres behind the Klock Building do not have to be used for
recreation.
VCOUNCIL REGULAR MEETING, AUGUST 16, 1990
PAGE 7
In response to Councilman Russo, the City Manager stated
the City may be required to use the 16.7 acres behind the
Klock Building for recreation if the City adopts the
Comprehensive Plan which states the City must have "x"
number of acres per 1,000 residents.
RESOLU'T'IONS
RESOLUTION 108, 1990
vice Mayor Aldred stated that Resolution 108, 1990,
declares that the territorial limits of the City of Palm
Beach Gardens shall be a "Nuclear Free zone ". vice Mayor
Aldred stated he had difficulty with including the
location of nuclear reactors in this Resolution because
®
the topography and ecological constraints with the City of
Palm Beach Gardens are such that no nuclear reactor could
be built here and, furthermore, there are no zoning laws
and regulations which would permit construction. vice
Mayor Aldred stated another difficulty is potential
hypocrisy because we use nuclear electrical energy
produced by the St. Lucie and the Turkey Creek plant.
vice Mayor Aldred stated he has discussed with Irwin
Mendlesohn another phrase to be used following
"irradiation plants" to read as follows: ", because the
technology used in such process has not been documented as
completely safe for human use of foods so treated, ". vice
Mayor Aldred also requested that under the second
"WHEREAS ", the following be inserted: 11, or any
humanitarian use of nuclear technology "; and in "Section
Ce COUNCIL, REGULAR MEETING, AUGUST 16, 1990
PAGE 8
1." after "Nuclear Free Zone" insert the following: ", as
to the manufacturing, testing, transportation, possession
and deployment of nuclear weapons. ". Vice Mayor Aldred
stated that if this resolution is passed, it will be a
policy guide for future councils.
Councilman Kiselewski stated he would like to see this
resolution restructured with a definition of "Nuclear Free
Zone ". Councilman Kiselewski stated he would like to
place a after "nuclear weapons" in the first
"WHEREAS ": eliminate the second paragraph, and in "Section
1." after "Nuclear Free Zone ", insert ", which by
definition prohibits the manufacturing, testing,
transportation, possession and deployment of nuclear
weapons. ".
Irwin Mendlesohn, 11689 Birch Street, addressed the City
Council and distributed an informational packet to the
Council for consideration in making their decision. Mr.
Mendlesohn stated he is requesting the resolution state
that the City of Palm Beach Gardens Nuclear Free Zone Act
prohibits the production-, storage, processing,
transportation and disposal of nuclear weapons within the
city limits. Mr. Mendlesohn stated that as a result he
requests October 24th, U.S. Disarmament Dav, be declared
"Nuclear Free Zone Day" in the City of Palm Beach Gardens
and Nuclear Free Zone signs be placed at the city limits.
Mr. Mendlesohn stated the definition of Nuclear Free Zone
CJW COUNCIL REGULAR MEETING, AUGUST 16, 1990
PAGE 9
according to Nuclear Free America is defined as "a well -
defined geographical area regardless of size in which
nuclear weapons are prohibited by law or done by
resolution ". Mr. Mendlesohn stated there are now 168
nuclear free zones within the United States, i.e., New
York, Oakland and Jersey City. Mr. Mendlesohn stated if
this resolution passes, it will be the first of its kind,
not only in Florida, but in the majority of the
southeastern United States and will show Palm Beach
Gardens as a city that cares about the environment.
vice Mayor Aldred stated that no one on the Council is in
favor of nuclear war or having nuclear weapons around us
and in that sense the council may be able to act on a
resolution tonight. vice Mayor Aldred stated that in
respect to the other issues which would require more
research, the council would not be prepared to go beyond
that because they do not have enough information re:
irradiation plants.
Councilman Kiselewski recommended the council have a
chance to research the information Mr. Mendlesohn
distributed this evening and requested of Mr. Mendlesohn
that a copy of the ordinance for New York be supplied so
that it can be reviewed.
After further discussion by the City Council, vice Mayor
• Aldred read into the record the following: delete 11, the
location of nuclear reactors and food irradiation plants"
00 COUNCIL REGULAR MEETING, AUGUST 16, 1990
PAGE 10
after "nuclear weapons" in the first paragraph; place a
after "banned" in the first paragraph.; delete the
second paragraph; and after "NUCLEAR FREE ZONE" in
"Section 1." add ", defined as a zone which prohibits the
manufacturing, testing, transportation, possession and
deployment of nuclear weapons. ".
Councilman Kiselewski made a motion to adopt Resolution
108, 1990, as read into the record; seconded by Councilman
Russo. The motion was unanimously approved by the City
Council.
Vice Mayor Aldred requested the City Clerk prepare a
framed and sealed copy of the Resolution to be presented
to "Project Earth" for their archives. Vice Mayor Aldred
requested Mr. Mendlesohn to propose wording for a
proclamation no later than the latter part of September
for the City Council to consider at their Regular Meeting
of October 4, 1990.
CONSENT AGENDA Councilman Kiselewski made a motion to approve the
following item on the Consent Agenda; seconded by
Councilwoman Monroe. Per a unanimous vote of the City
Council, the following item on the Consent Agenda was
approved and adopted:
2. Authorizing and Directing the City Manager to file an
application requesting the portion of the Palm Beach
County EMS Surcharge Award Program Funds to which the City
may be entitled.
ROLUTIONS vice Mayor Aldred stated on advice of counsel, he has been
C* COUNCIL, REGULAR MEETING, AUGUST 16, 1990
PAGE 11
RESOLUTION 107, 1990 Councilman Kiselewski made a motion to adopt Resolution
requested to move Resolution 104, 1990, Resolution 105,
1990, Resolution 106, 1990 and Resolution 107, 1990 in
advance of Ordinance 16, 1990.
In response to Councilwoman Monroe, Rich Walton stated
there are several Maheu subdivisions west of Prosperity
Farms Road and Maheu Estates being east of Prosperity
Farms Road.
RESOLUTION 104, 1990
Councilman Kiselewski made a motion to adopt Resolution
104, 1990, Establishing a Special Referendum Election to
be held concurrently with General Election scheduled for
11/6/90, in the City of Palm Beach Gardens and
is
simultaneously in areas proposed to be annexed pursuant to
Ordinance 17, 18, and 19, 1990; seconded by Councilwoman
Monroe. The motion was unanimously approved by the City
Council.
RESOLUTION 105, 1990
Councilman Kiselewski made a motion to adopt Resolution
105, 1990, Establishing wording to be used on 11/6/90
Ballot pursuant to Ordinance 17, 1990; seconded by
Councilwoman Monroe. The motion was unanimously approved
by the City Council.
RESOLUTION 106, 1990
Councilman Kiselewski made a motion to adopt Resolution
106, 1990, Establishing wording to be used on 11/6/90
Ballot pursuant to Ordinance 18, 1990; seconded by
Councilwoman Monroe. The motion was unanimously approved
®
by the City Council.
RESOLUTION 107, 1990 Councilman Kiselewski made a motion to adopt Resolution
CW COUNCIL REGULAR MEETING, AUGUST 16, 1990
PAGE 12
Council and stated the City staff has worked long and hard
communicating with the County, County Planning Division
County Attorneys Office, County Administrator and County
Commission regarding this annexation and regarding
implementation of the Interlocal Agreements. Attorney
® Banks distributed a letter addressed to Rich Walton from
the Director of the Planning Division dated July 30, 1990.
107, 1990, Establishing wording to be used on 11/6/90
Ballot pursuant to Ordinance 19, 1990; seconded by
Councilwoman Monroe. The motion was unanimously approved
by the City Council.
PUBLIC HEARINGS
ORDINANCE 16, 1990
vice Mayor Aldred declared the Public Hearing open, which
was duly advertised 7/25, 8 /1, 8/8, and 8/15/90 and held
on the intent of Ordinance 16, 1990, Annexation, under
Palm Beach County Development Regulations of 706.458+
acres, located between Donald Ross Road and Hood Road,
east and west of I -95, within Section 26 and 35, Township
415, Range 43E.
Rich Walton, Director of Planning and zoning, addressed
the City Council and briefly reviewed Ordinance 16, 1990.
Mr. Walton stated he understood language had not been
received from the County re: the Interlocal Agreement.
Mr. Walton stated the City has submitted an Interlocal
Agreement to the County, but has not heard back from them.
Bob Banks, Assistant County Attorney, addressed the City
Council and stated the City staff has worked long and hard
communicating with the County, County Planning Division
County Attorneys Office, County Administrator and County
Commission regarding this annexation and regarding
implementation of the Interlocal Agreements. Attorney
® Banks distributed a letter addressed to Rich Walton from
the Director of the Planning Division dated July 30, 1990.
CW COUNCIL REGULAR MEETING, AUGUST 16, 1990 PAGE 13
Attorney Banks stated the comments of the Planning
Division include the observation that there is an enclave
created by this annexation which is a violation of Chapter
171. Attorney Banks stated he believed the City
recognizes there is an enclave created and that is why
there is a referendum scheduled regarding the properties
known as Westwood Gardens. Attorney Banks requested the
City Council consider postponing the adoption of ordinance
16, 1990, for approximately ene month when the Council
will approve the ordinance which will officially schedule
the referendum for annexation of Westwood Gardens.
Attorney Banks felt by that time Palm Beach County will
have returned the Interlocal Agreement re: fire rescue
services regarding the Briger Tract.
Councilma:. Kiselcwski recommended making the effective
date of the ordinance one month from now instead upon date
of passage. Attorney Brant stated statute permits a
delayed effective: date. Attorney Banks stated he needed
to examine the statute to make sure, from the County's
standpoint, they keep their right to appeal the
annexation.
The City Manager asked Attorney Banks what the County °s
position was going to be on the Briger Annexation in the
event the Westwood Gardens annexation fails. Tne City
Manager requested a policy statement from the County.
00 COUNCIL REGULAR MEETING, AUGUST 16, 1990
PAGE 19
Attorney Banks stated the County will have to mako a
position on the annexation well in advance of the date of
the referendum. Attorney Banks stated the County would
have to file suit or not file suit well before the
referendum so the passage or the non - passage of the
referendum would not affect the County's decision on
whether or not to ultimately challenge the annexation.
The City Manager asked why the City would need to delay
the passage of this Ordinance, and questioned whether the
County was concerned that the City would not move forward
in good faith as they have stated. Attorney Banks stated
® it is a policy of the County to treat all cities equal and
they would be more comfortable taking this to the County
Commission with an adopted Ordinance for this annexation
and an Ordinance scheduling the referendum. The City
Manager stated that if the City waits until September,
that will give the County 30 days to appeal. The election
will not have taken place at that time. The City Manager
questioned if Attorney Bank is going to recommend to the
County Commission that the Briger Annexation be approved
as represented by the City. Attorney Ranks stated that
has been the recommendation of the Planning Division
staff.
Vice Mayor Aldred stated the City has demonstrated its
. good faith with respect to the previous Interlocal
Agreements that have been entered into, the City continues
COUNCIL REGULAR MEETING, AUGUST 16, 1990
PAGE 15
to show its good faith by scheduling these elections;
however the County does not trust the City. Vice Mayor
Aldred felt the City could demonstrate once again that we
have always had good faith by following the policy of
having the effective date, if the Petitioners attorney
deems it acceptable, become effective on the 21st of
September.
Attorney Banks stated, that after reviewing Chapter 171,
it states the effective date shall be no later than 30
days following passage of the Ordinance, and passage of
the Ordinance would be the date it was passed. Attorney
Brant agreed with Attorney Banks opinion.
Greg Shrine, 5705 Hood Road, addressed the City Council
stating he has lived on the Briger tract for 12 years and
was interested in how this annexation would affect him.
Mice Mayor Aldred stated as he understood it, Mr. Shrine
would continue his tenant /landlord relationship as it is
now.
Alan Cikiin, aci.villOy for Petitioner, addressed the City
Council and stated Mr. Briger has no intentions of
rezoning the property at this particular time and Mr.
Shrine's rights would remain for some time. Attorney
Ciklin stated the County did have a policy on annexations,
and when the policy was established it stated that as long
• as the municipality used its best efforts to eliminate
enclaves, the County would not oppose the anne;catior..
CW COUNCIL REGULAR M.=ING, AUGUST 16, 1990
PAGE 16
Attorney Ciklin stated he felt it was abundantly clear to
him that the City has complied with this policy by
adoption of the resolutions this evening. Attorney Ciklin
stated he had no problems with the City Council making the
effective date of the Ordinance 9/21/90.
Attorney Brant stated he had forwarded a prototype of an
Interlocal Agreement to the County Administration some
time ago. Attorney Brant recommended to Council if they
desire to proceed tonight, invite the County to present an
Interlocal Agreement whereby the Council can consider it
and vote on it the first meeting of September.
® After discussion by the City Council, Councilman
Kiselewski made a motion to recess the Public_ Hearing on
Ordinance 16, 1990 until September 20, 1990 at 8:00 P.M.
for fiz,al consideration and passage; seconded by
Councilwoman Monroe. Councilwoman Monroe requested the
County provide the proposed Interlocal Agreement to the
City Council for review before September 6, 1990. The
motion was unanimously approved by the City Council.
RESOLUTION;;
RESOLUTIONS 101, 1990 The City Manager recommended the removal of Resolution
101, 1990, urging the President and U.S. Congress to
recognize and affirm the language and power of the Tenth
Amendment which governs and balances the respective powers
of states and the Federal government. The City Manager
stated that due to the time lapse, there is no longer a
00 COUNCIL REGULAR MEETING, AUGUST 16, 1990
PAGE 17
Attorney Smith stated there are 22 undeveloped lots
remaining, totalling 44 units. Attorney Smith stated all
recreational impact fees have been paid and county impact
fees would now apply. Attorney Smith stated there would
be an additional 308 trips generated by the additional
units.
The City Manager stated the recreational impact fees in
the amount of $10,000 has been paid and is being held in
escrow.
need for the City to pass this resolution. There was a
consensus of the city Council to remove Resolution 101,
1990 from the Agenda.
ORDINANCES
ORDINANCE 20, 1990
Per a consensus of the City Council, the Secretary read,
by title only, on first reading, Ordinance 20, 1990,
approval of extension of time for the completion of Phase
II of the oakpark Office Park PUD, created by Ordinance
18, 1981, to construct the remaining 17,172 square feet of
the 69,346 square feet approved office space. Ordinance
20, 1990 will be considered for second reading and
adoption at the Regular Meeting of 9/20/90.
ITEMS FOR DISCUSSION
CA13ALLO POINTE
The City Manager stated Mike Houston, Urban Design Studio,
requested this item be removed from the Agenda.
SANDTREE PUD
Larry Smith, Attorney for Petitioner, addressed the City
Council re: S year extension of time for Sandtree PUD.
Attorney Smith stated there are 22 undeveloped lots
remaining, totalling 44 units. Attorney Smith stated all
recreational impact fees have been paid and county impact
fees would now apply. Attorney Smith stated there would
be an additional 308 trips generated by the additional
units.
The City Manager stated the recreational impact fees in
the amount of $10,000 has been paid and is being held in
escrow.
Ce COUNCIL REGULAR MEETING, AUGUST 16, 1990
PAGE 18
In response to Councilman Russo, Rich Walton stated one of
the conditions from the Planning and zoning Commission was
that prior to any building permits being pulled on Phases
6 & 7, the petitioner shall submit landscape plans for
these phases consistent with the current situation.
After discussion by the City Council, there was a
consensus to grant a 3 year extension, with the provision
for an additional 2 year extension, with the condition
that would include clearing the underbrush, mowing the
grass to an acceptable height and subject to all impact
fees on the books at the time a building permit is issued.
W NDMENT TO MASTER
"LOPMENT PLAN FOR
PGA RESORT COMMUNITY As to items 3 & 4 on Items for Discussion, Councilman
Russo stated he wanted the homeowners association of
Lexington Green to be notified of the hearing.
AMENDMENT TO PGA
NATIONAL E
PARK PUD Rich Walton, Director of Planning and zoning, addressed
the City Council stating the Petitioner is requesting to
amend the 33.45 acre PGA National Commerce Park PUD,
approved by Resolution 34, 1986, adopted 8/7/86, to
construct two additional roads running north /south on the
north side of Hiatt Drive and to subdivide 4 lots (lots 5-
8), totalling 20.82 acres, into 22 lots ranging in size
from 0.5 gross acres to 1.439 gross acres. Mr. Walton
stated this would increase the overall number of parcels
from 10 to 28. Mr. Walton stated this would nc,t change
COUNCIL REGULAR MEETING, AUGUST 16, 1990
PAGE 19
the approved uses on the south side of Hiatt Drive. Mr.
Walton stated the Petitioner is requesting uses of M -1 and
MI-A with the exception of antique and race cars used on
racetracks; public eating places; convenience retail
business or services; rental of recreational equipment and
sales of related supplies; and microwave and television
receiving and transmitting tower. Mr. Walton stated this
item went before the Planning and zoning Commission on
July 24, 1990 and was recommended to the City Council for
approval with eleven conditions.
In response to Councilman Kiselewski, Mr. Walton stated
Resolution 34, 1986 indicated the zoning designation for
the commerce park was M1 -A; however the original
application file, the tapes of the City Council meetings,
and the Development Guidelines indicated the original
request was for M -1.
In response to Councilman Kiselewski, Mr. Walton stated
that by allow zoning of M1 -A, you are allowing your
typical industrial park,
In response to Councilwoman Monroe, Attorney Brant stated
if the resolution states M1 -A, the development guidelines
do not override the resolution.
Hank Skokowski, agent for Petitioner, addressed the City
Council stating the application did request M -1, which is
more restrictive, the design guidelines indicated M -1;
however when the final resolution was drafted it indicated
Cl COUNCIL REGULAR MEETING, AUGUST 16, 1990 PAGE 20
M1 -A. Mr. Skokowski stated, at the time, Mayor Feeney
stated this allowed MI-A uses and asked Attorney Brant
what kind of uses would be permitted. Attorney Brant read
the list of MI -A uses into the record, and that was
approved. Mr. Skokowski stated they have built in line
with the M -1 uses, which is restrictive, in the park.
In response to Councilwoman Monroe, Attorney Brant stated
whatever is stated in the resolution will govern the
guidelines attached.
Mr. Skokowski stated if the resolution had been originally
approved as M -1, they would still be petitioning for the
smaller lots and requesting MI-A today. Mr. Skokowski
stated they have not found users for the 4.8 acres or 6.1
acres, stating a degree of interest has been shown in the
smaller lots.
Councilman Kiselewski stated he had a problem with turning
this area into a retail park and is not agreeable to
breaking this area up into 22 lots.
Mr. Skokowski stated they are prepared to further restrict
the types of concerns expressed by the Council.
Vice Mayor Aldred stated, based on what he has heard,
there is not a consensus of the City Council to move
forward with the concept Mr. Skokowski is proposing.
STARWOOD ANNEXATION Rich Walton, Director of Planning and Zoning, addressed
the City Council stating the City has a request for
annexation of 81.9+ acres located approximately 1300 feet