Loading...
HomeMy WebLinkAboutMinutes Council 01189011 CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS JANUARY 18, 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 8:10 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, Counci woman Monroe, Councilman Kiselewski and Councilman Russo. Vice Mayor Aldred was absent, as he was out of town. APPROVAL OF MINUTES The minutes of the Regular Meeting of 1/4/90 was unanimously approved as written. The minutes of the Workshop Meeting of 1/11/90 were unanimously approved as amended. ANNOUNCEMENTS Mayor Martino announced there would be a meeting of the Policemen's AN '® Retirement Trust Fund Board Meeting on Monday, 1/22/90, at 5:30 P.M. and a meeting of the Code Enforcement Board at 7:30 P.M. On Tuesday, 1/23/90 at 7:30 P.M., there will be a meeting of the Planning and Zoning Commission and on Wednesday, 1/24/90, at 7:30 P.M. the Landscape and Tree Preservation Ordinance Committee will hava a meeting. REPORTS BY THE MAYOR AND CITY COUNCIL COUNCILMAN KISELEWSKI Councilman Kiselewski reported that he attended a meeting of the Solid Waste Authority yesterday. Councilman Kiselewski also reported that he attended a meeting of the Metropolitian Planning Organization and he was nominated and appointed Chairman for another year. Councilman Kiselewski reported that he would not be attending the Workshop Meeting of January 25, 1990, as he will be out of town. CITY COUNCIL REGULAR MEETING, 1/18/90 PAGE TWO UNCILMAN RUSSO Councilman Russo repryrted he attended the Recreation Advfcory Board meeting on Tuesday where they discussed the possibility of taking the baseball program back into the City, due to amount of non - resident par- ticipation. Councilman Russo suggested the Recreation Advisory Board formulate a recommendation to the City Council at their next advisory board meeting. ITEMS BY THE MAYOR AND CITY COUNCIL COUNCILMAN RUSSO Councilman Russo inquired as to the space allocation study. The City Manager stated that they have received 3 responses. Councilman Russo also inquired as to the Foundation Land Building. The City Manager stated that It would have to be decided if we want to go for a bond referendum, if needed, after the space allocation study is finished. NCILWOMAN MONROE Councilman Monroe felt Waste Management may have to reschedule their route in order to stay off Military Trail at rush hour. Mayor Martino and Councilwoman Monroe feel that a newsletter should be devoted to the new garbage /trash procedures. COUNCILMAN KISELEWSKI Councilman Kiselewski felt the City needs to start concentrating on the EnYironmental Ordinance. COMMENTS FROM THE PUBLIC Dr. Paul Gray, 9860 N. Military Trail, Palm Beach Gardens, FL, addressed the City Council regarding crossing guards at Military Trail and Holly Drive. The City Council directed the City Manager to advertise for the posi- tion of crossing guard. CITY COUNCIL REGULAR MEETING, 1118/90 PAGE THREE 9DINANCES Ordinance 36, 1989 Councilman Kiselewski briefly detailed the amendments made to Ordinance 38, 1989 since the Workshop Meeting of 1/11/90. After discussion by the City Council the following changes were made: Section 155.04: First paragraph shall read as follows: "All signs presently and lawfully erected within the City and which are a type of sign not permitted herein, may be continued for a period of seven (7) years except as hereinafter provided:" Section 155.04: (3) shall read as follows: "Should any sign be removed for any reason, other than maintenance, or name change of occupant, from its location or reinstalled, then the sign shall conform to all requirements of this Chapter." Section 155.04: Strike paragraph before Exceptions and substitute sen- tence following (3) shall read: "Upon expiration of any of the aforesaid time periods, such affected sign shall be immediately removed." Mayor Martino declared the Public Hearing open, which was duly advertised 1/3/90, and held on the intent of Ordinance 38, 1989, repealing Chapter 155 of the Palm Beach Gardens Code, The Sign Code, and creating and adopting a new Chapter 155 of the Palm Beach Gardens Code known as The Sign Code. 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, with amendments, on second and final reading, Ordinance 38, 1989. CITY COUNCIL REGULAR MEETING, 1/18/90 PAGE FOUR A motion was made by Councilman Kiselewski to adopt Ordinance 38, 1989, seconded by Councilwcman Monroe. Ordinance 38, 1989, was unanimously adopted by the City Council. ORDINANCE 1, 1990 Richard Walton, Director of Planning and Zoning, addressed the City Council, stating there had been some additional changes in Ordinance 1, 1990, since the last Workshop Meeting of 1/11/90. Pursuant to discussion by the City Council, the following changes were also made: Conditions: Condition #3: To read as follows: "no development permitted unless site is compatabie to use of parcels 8, 9, and 10, as approved by the City Council" Condition #10: Add "or bonded" Condition #13: To read "The Property owner or successors must comply with the DER consent order." Condition #21: Add " (Please see Condition 6 for clarity)" Condition #6: To read "The uses as outlined in Condition 21 shall be . . .' Condition #21: #2: Delete Business School Condition #21: #a: Delete and renumber. Condition #23: Change property to properties; add written approval after inspection. Section 5: To read "Review of subsequent developments on the individual PUDs shall be by the City's Planning any' Zoning Commission and by the City Council, and approval shall be by Resolution. A Public Hearing and publicatzcn of notice in a newspaper of general circulation for the meetings on subsequent Resolutions shall not be required." ® Condition #1: Change 3S% to 38%. CITY COUNCIL REGULAR MEETING, 1118/90 PAGE FIVE Condition #12: Add "Property owner prior to the first building permit being issued within the PCD, shall pay $75,000 for community impact, which amount shall be credited against any future police and fire impact fees assessed against any development within the PCD." Condition #20: Shall read as follows: The Property Owner will continue a uniform streetscape con- tinuity along all R.O.H. A streetscape /buffer plan for this PCD shall be presented to the City Council for approval by subsequent resolution prior to the issuance of approval of the first PUD." Condition #23: Shall read as follows: "Prior to the submit- tal of each PUD application the Petitioner or agent will meet on site with the City Forester to review the site conditions which the City Forester wishes to be addressed in the site plan," Condition #24 (b): Delete "significantly ". Section 4: Add "and the general conditons as hereinafter setforth:" to the end of paragraph. Include Kahart Pinder's conditions from his letter dated 118/90 in the body of the Ordinance. Condition #27: Shall read as follows: "A helipad shall be a permitted use in this PCD," Mayor Martino declared the Public Hearing open, which was duly advertised 1/3/90, and held on the intent of Ordinance 1, 1990, amending the current zoning from M -1, Research and Light Industrial to PCD and PUL zoning with underlying zoning of M -1, on all land comprising the Plats of Northcorp Center, RCA Boulevard Center, West Park Center and South Park Center (The entire lands comprising the former RCA site). There being no conments 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 MEE','NG, 1118/90 40 PAGE SIX only, as >lrrended, on second and final reading, Ordinance 1, 1990. A motion was made by Councilman Klselewskl to adopt Ordinance 1, 1990, seconded by Coucilman Russo. Ordinance 1, 1990 was unanimously adopted by the City Council. RESOLUTIONS RESOLUTION 1, 1990 Richard Walton, Director of Planning and Zoning, addressed the City Council regarding Resolution 1, 1990. Per a consensus of the City Council, the City Clerk, read by title only, Resolution 1, 1990, approving the plat known as "West Park Center" Plat 3 of the former RCA site. Councilman Kiselewski made a motion to approve and adopt Resolution 1, 1990, seconded by Councilman Russo. This motion was approved unanimously by the City Council. OSOLUTION 2? 1990 Richard Walton, Director of Planning and Zoning, addressed the City Council regarding Resolution 2, 199D. Per a consensus of the City Council, the City Clerk, read by title only, Resolution 2, 1990, approving the plat known as "South Park Center" Plat 4 of the former RCA site. Councilman Kiselewski made a motion to approve and adopt Resolution 2, 1990, seconded by Councilman Russo. This motion was approved unanimously by the City Council. RESOLUTION 5, 1990 Attorney Mathison, authorized agent for Vince,. Pappaiardo, addressed the City Council regarding the reasons for removing the chains from the ingress /egress at the parking garage. Councilwoman Monroe stated she is opposed to removing the chains at this time. Mayor Martino suggested, and Attorney Mathison agreed to postpone this Resolution to a subsequent City Council meeting. rr , CITY COUNCIL REGULAR MEETING, 1/18/90 PAGE SEVEN 41SOLUTION 6, 1990 Richard Walton, Director of Planning and Zoning, addressed the City Council regarding the changing of the second paragraph in Section 1, to include word instead of post. Per a consensus of the City Council, the City Clerk, read by title only, as amended,Resolution 6, 1990, approving in concept the signage contained the Comprehensive Sign Program 8coklet heretrfore filed with the City for the "JDM" (8allen Isles) Planned Community District. After discussion with Mr. Skokowski, the City Council agreed to change "three (3)" direc- tional signs to "five (5)" directional signs in Section 1, second paragraph. Councilman Kiselewski made a motion to approve and adopt Resolution 6, 1990, as amended, seconded by Councilwoman Monroe. This motion was approved unanimously by the City Council. SOLUTION 7, 1990 Richard Walton, Director of Planning and Zoning, addressed the City Council regarding Resolution 7, 1990. Mr, Walton stated that Planning and Zoning needed two more sets of drawing from the Petitioner. Attorney Mathison stated that the additional sets would be provided to Planning and Zoning tomorrow morning. Per a consensus of the City Council, the City Clerk, read by title only, Resolution 6, 1990, amending Resolution 61, 1988, which provided for - signage in the "Admiralty I1" a Planned Unit Development adopted by Ordinance 15, 1987. Councilman Russo made a motion to approve and adopt Resolution 7, 1990, seconded by Councilwoman Monroe. This motion was approved unanimously by the City Council. RESOLUTION 8, 1990 Richard Walton, Director of Planning and Zoning, addressed the City Council stating the changes on the plans had been made and raceived. is Per a consensus of the City Council, the City Clerk, read by title only, CITY COUNCIL REGULAR MEETING, 1/18/90 PAGE EIGHT Resolution 8, 1990, 3Yproving the final landscape plan for 'Gardens East Apartments ", a Planned Unit Development, created by Resolution 109, 1989. Councilman Kiselewski made a motion to approve and adopt Resolution 8, 1990, seconded by Councilman Russo. This motion was approved unanimously by the City Council. RESOLUTION 10, 1990 Per a consensus of the City Council, the City Clerk, read by title only, Resolution 10, 1990, pursuant to the authority set forth in Section 94.40 of Chapter 94 oT Title IX: General Regulations, of the Palm Beach Gardens Code, amending the amount of Interim Service and Facilities Fee set forth in said Section 94.40. Councilman Kiselewski made a motion to approve and adopt Resolution 10, 1990, seconded by Councilman Russo. This motion was approved unanimously by the City Council. *SOLUTION 11, 1990 Attorney Mathison, authorized agent for Pulte Homes, addressed the City Council regarding the request for the off -site directional sign for "The Gardens Hunt Club ". Councilman Kiselewski stated there be a take down time of three (3) years from effective date hereof or issuance of the last building permit, depending which event shall first occur. Attorney Brant suggested adding a second paragraph to Section 1 to accomo- date Councilman Kiselewski's request. Councilman Kiselewski suggested landscaping be included with the signage. Attorney Mathison agreed with Councilman Kiselewski, on behalf of Petitioner, to include landscaping with the signage. Per a consensus of the City Council, the City Clerk, read by title only, as amended, Resolution 11, 1990, approving an off -site directional sign for "The Gardens Hunt C1ubA formerly known as Northridge, a Planned Unit CITY COUNCIL REGULAR MEETING, 1/18/90 PAGE NINE Oeve ?opment,, created by Ordiriance 18, 1989, said off -site sign being approved pursuant to Part II of Section 155.18 of the Palm Beach Gardens Code. Councilman Kiselewski made a motion to approve and adopt Resolution 11, 1990, seconded by Councilwoman Monroe. This motion was approved una- nimously by the City Council. RESOLUTION 9, 1990 Attorney Brant addressed the City Council regarding Resolution 9, 1990, stating this is a preliminary Resolution, under Chapter 180, Florida Statutes, where a golf course is declared a utility for,the purposes of issuing revenue bonds or ad valorum bonds, to fund the purchase of land and also to create the faclities on the land purchased. Attorney Brant stated that under the Statute, there was 40 days dead time before you can Issue and formally sell and deliver bonds. This preliminary Resolution establishes the time frame. Attorney Brant advised the City Council, that if they adopt the Resolution, they are in no way committing or authorizing anything at this point. The Council must, within thirty days, under the Statute, conduct a Public Hearing on this Resolution, if passed. John Flannigan of Moyle, Flannigan, Katz, Fitzgerald 8 Sheehan, Bond Council, addressed the City Council reconfirming Attorney Brant, that ReSOluti0n 9, 1990 is a non - binding, preliminary Resolution. Attorney Flannigan stated that they are asking for the passage of Resolution 9, 1990 tonight because Chapter 180, Florida Statutes, requires a certain procedure you must adhere to. Per a consensus of the City Council, the City Clerk, read by title only, Resolution 9, 1990, proposing the acquisition, construction, equipping and operation of a public golf course; proposing the exercise of the corporate ® powers of the city outside of it's corporate limits for such purpose; pro- CITY COUNCIL REGULAR MEETING, 1/18/90 PAGE TEN ® posing the issuance of obligations of the City to finance the cost of the prolact: providing aor a public hearing concerning the project; and authl ^,•izing certain officials and employees of the City to take certain action. Councilman Russo made a motion to approve and adopt Resolution 9, 1990, seconded by Councilman Kiselewski. This motion was approved unani- mously by the City Council. ITEMS FOR DISCUSSION PUBLIC GOLF COURSE Mr. Richard Orman, Public Golf Corporation, addressed the City Council regarding the proposed golf course. Mr. Orman introduced the members of the team, Howard Searcy, in charge of environmental permitting, aided by Doug Winter; Pat Fener, environmentalist; Jan Browning, civil consulting engineer; David Norris, attorney; Linda Norris; Roy Case, golf course architect. The first subject discussed was the environmental permitting by Howard Searcy. Mr. Searcy explained that the water control from the site would be left as it is with no improvements, no channelization, and no ditching /diking. The golf course will be playable under reasonable conditions during any storm events. Mr. Searcy assured the Council that they are well within the terms of environmental protection. Mr. Pat Fener addressed the City Council regarding the north half and south half of the course by showing slides. The north half is in excellent condition, however the south half has been disturbed and will need the most restora- tive work to enhance the environments. Councilman Russo questioned the amount of acreage used for the golf course. The actual surface of golf, greens, tees and fairways would be 43.7 acres out of the 142 acres. The remaining acreage is preserved uplands, preserved wetlands or created is lakes. CITY COUNCIL REGULAR MEETING, 1 /18 /90 PAGE ELEVEN Mr. Roy Case, archilo' -ct, explained that there will not be a buildup of water on this course. Mr. Case explained the yardage from the difFerent tees, the width of the fairways and the unusual use of the wetlands. Mayor Martino and Councilman Kiselewski feel that this is probably the best and highest use for this piece of land. Councilman Kiselewski was concerned with putting too much on this piece of land tzcause of the constraints. Mayor Martino gave Mr. Orman a list of questions raised by the City Manager and the City Attorney, which need to be answered. APPRAISALS OF PUBLIC GOLF COURSE Councilman Kiselewski made a motion to authorize the City Manager to secure two appraisals, if deemed necessary, of the golf course land. Councilwoman Monroe seconded the motion. The motion was approved by the City Council with three ayes and with Councilman Russo voting nay. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 12:35 A.M. APDROVAL 7� MAYOR MARTIPJD i VILA MAYOR ALDRED LINDA V. KOSIER, CITY CLERK Zr6U� NO'MAN MONROE COU CIL N KISEL /E,WWSKI 50U41CILMAN RUSSO