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HomeMy WebLinkAboutMinutes Council 030697CITY COUNCIL REGULAR MEETING MARCH 6, 1997 The March 6, 1997, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:30 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilwoman Linda Monroe, Councilman Eric Jablin and Councilman David Clark. ANNOUNCEMENTS Mayor Russo stated that the announcements were as listed on the agenda and posted on the City's bulletin boards. PRESENTATIONS Mayor Russo presented a 5 Year Service Award to City Manager Bobbie Herakovich for her five year anniversary of employment with the City. ITEMS FOR COUNCIL ACTION Scoreboard Agreement Vice Mayor Furtado made a motion, seconded by Councilman Clark to approve a Scoreboard Agreement between Pepsi -Cola Bottling Company of Ft. Lauderdale/Palm Beach and the City of Palm Beach Gardens. The motion was unanimously carried. CITY COUNCIL REGULAR, 3/6/97 2 Vice Mayor Furtado Vice Mayor Furtado stated that the City Council recently adopted a Resolution opposing the money being spent for the high speed rail study. At the last meeting Vice Mayor Furtado brought the City Council a Speed Rail Program Status Report showing that $70,000,000 a year would be spent for the next 4 years to develop the speed rail. This week in the Palm Beach Post there was an editorial about the problems Tri -Rail was having because of lack of funds. Vice Mayor Furtado asked that the Council support a resolution reaffirming the City's commitment to Tri -Rail and that some of the money to be used for the high speed rail instead be used to help Tri - Rail's funding problems. The City Council agreed to support such a resolution. Mayor Russo In response to Mayor Russo, it was the consensus of the Council that he be the Council appointee to the Municipal League for the upcoming year. Mayor Russo stated that he and Rich Walton, Planning and Zoning Director, met today with the Foundation Land Company about the Eastward Ho Project. Mr. Walton stated that the Treasure Coast Regional Planning Council had $500,000 to use on 3 projects related to education, and they wanted to see projects that could be used as models around the country. Mayor Russo felt that this was CITY COUNCIL REGULAR, 3/6/97 possibly a way to get a charter school in the north county. Mayor Russo reminded the Council that the County had no new schools planned for the north county area in the next 7 years, and felt that the time was right for a charter school in north county. Mayor Russo stated that he met with Jebb Bush today who offered his assistance with this project. It was the consensus of the City Council to pursue this project and to have Rich Walton continue with the project for the City. Mayor Russo stated the reorganization for the City Council would 3 be at the next Regular meeting of the City Council, and thanked all the Council members for their support and assistance during his term as Mayor. COMMENTS FROM THE PUBLIC Billy Barnes Billy Barnes, 8797 Citation Drive, addressed the City Council regarding a problem he has been having for the last several years with a neighbor's barking dog. The Council agreed that no resident should have to live with the noise and problems Mr. Barnes had experienced and asked that City Administration look into having the section of the old Code of Ordinances that was left out of the new edition put back in so that Code Enforcement could assist with problems such as the one Mr. Barnes had been CITY COUNCIL REGULAR, 3/6/97 4 experiencing. Linda Hughey Linda Hughey, Reed Drive, addressed the Council thanking them for the advisory board reception held at the Ba1lenIsles Country Club. Ms. Hughey also asked that the Council consider the Northlake Boulevard Turnpike Exchange being placed at the Beeline Highway to avoid excessive traffic in residential areas. Ms. Hughey also asked that the Council seriously consider adopting an ordinance requiring all volunteers that use the City's ballfields to go through a background check. Bonnie Jensen Bonnie Jensen, member of the Police Pension Fund Board of Trustees, thanked the City Council for their continued support, and reported on the many recent successes of the pension fund. CONSENT AGENDA Councilman Clark made a motion to approve the items on the Consent Agenda. The motion was seconded by Vice Mayor Furtado and unanimously carried. The following items were approved on the Consent Agenda: 1. Approval of City Council 2 /20/97 Regular Meeting Minutes. 2. Proclaiming the Week of 4/13 -19/97 as "Building Safety Week". 3. Resolution 5, 1997 - Approval and Ratification of SETU Contract. 4. Resolution 28, 1997 - Approval of the Plat for Bent Tree PUD Phase U. CITY COUNCIL REGULAR, 3/6/97 5 PUBLIC HEARINGS: Ordinance 5, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised 2/19/97, and held on the intent of Ordinance 5, 1997, requiring a moratorium on the enforcement of Sections 118- 10(b), 118 -511 and 118 -512 of the Code of Ordinances regarding parking of recreational vehicles and boats. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to approve Ordinance 5, 1997, for second and final reading, by title only, and for adoption. The motion was seconded by Councilman Jablin and unanimously carried. The City Clerk read Ordinance 5, 1997, on second and final reading, by title only. Ordinance 6, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised 2/19/97, and held on the intent of Ordinance 6, 1997, amending Chapter 50 of the Palm Beach Gardens Code, entitled "Police ", specifically Section 51- 61(3); adding Section 50 -131 entitled "Internal Revenue Code Limits'; adding Section 50 -132 entitled "Required Distributions "; providing for the adoption of Section 415 of the Internal Revenue Code; providing for certain required distributions. There being no comments from the public, Mayor Russo declared the Public Hearing closed. CITY COUNCIL REGULAR, 3/6/97 Councilman Clark made a motion to approve Ordinance 6, 1997, on second and final reading, by title only, and for adoption. Councilman Jablin seconded the motion, which unanimously carried. The City Clerk read Ordinance 6, 1997, on second and final reading, by title only RESOLUTIONS: Resolution 18, 1997 Frank Palen, representing PGA Property Owners Association, stated that this petition was for approval of a Landscape Buffer Plan for the eastern perimeter of PGA National DRI. Mr. Palen 6 stated that all issues regarding drainage had been worked out and there were no outstanding problems. Gay Turtur, resident of PGA National, addressed the Council, urging their support in adoption of this Resolution. Councilman Clark made a motion to approve Resolution 18, 1997, seconded by Vice Mayor Furtado. The motion unanimously carried. Resolution 24, 1997 Mr. Walton stated that this petition was for the construction of 23 custom built units on 9.25 acres of Parcel 25b in the Ballenlsles PCD. There were no architectural standards for these single- family housing units because the homes would be custom built. The New Construction Committee within the development would review and CITY COUNCIL REGULAR, 3/6/97 7 approve all proposed construction prior to application for a building permit. With this proposal, the City would have no control over building elevations. Mr. Walton stated that the petitioner was not required to provide landscape plans per lot, therefore, the City would have no control over the landscape. Mr. Walton detailed the plans received for this project. Mr. Walton stated the required 25 foot perimeter buffer adopted for the PCD required the existing vegetation be saved and supplemented. Due to the design of this site, the petitioner would need to bring in a lot of fill to elevate the roads. Because this is being done next to the buffer, the petitioner indicated that a substantial amount of existing vegetation would not be able to be saved. Seventeen of the 29 existing pine trees along the southern buffer would have to be removed because of the proposed grade change. Councilwoman Monroe asked if there had been any contact with the church adjacent to this property. It could not be confirmed that the church had been contacted regarding the need to remove existing vegetation, however, Mr. Hank Skokowski of Urban Design Studios and Roy Davidson of Ballenlsles assured the City Council that the church has been involved in numerous meetings regarding the construction within Ballerdsles. CITY COUNCIL REGULAR, 3/6/97 8 It was the consensus of the City Council not to hold the approval of this project, however, told the petitioner if the church called the City to object to any part of this petition, the Resolution would be opened for reconsideration. Councilman Clark made a motion, seconded by Councilman Jablin to approve Resolution 24, 1997. The motion carried by a vote of 3 ayes and 2 nays. Vice Mayor Furtado and Councilwoman Monroe cast the nay votes because they wanted to know if the church adjacent to this project objected to any portion of this petition. Resolution 25, 1997 Frank Palen, representing PGA National Ventures, addressed the Council stating there were no outstanding issues regarding Resolution 25, 1997, approval of an amendment to Condition 1 of Resolution 173, 1996, concerning the construction of landscape buffers within the PGA National Commerce Park. Vice Mayor Furtado made a motion to approve Resolution 25, 1997, seconded by Councilman Clark. The motion was unanimously carried. ORDINANCES: Ordinance 4, 1997 Rich Walton, Planning and Zoning Director, stated that this petition outparcel of "The Oaks" PUD was one of three projects required to enter into a traffic agreement because of traffic on CITY COUNCIL REGULAR, 316/97 9 Burns Road. The petitioner has complied with all the conditions of the development order, however, the last trigger was that the improvements to Burns Road needed to be completed up to Prosperity Farms Road before this project could be built. Mr. Walton stated this was the reason this project has not spent any monies for infrastructure. With regard to "good faith" issues, City Engineer Lennart Lindahl stated that while the staff report points out that there has not been good faith effort, what was really meant was that information had not been supplied to staff for their consideration in offering comments to the City Council regarding a good faith effort by the petitioner. In response to Councilwoman Monroe, Rich Walton stated that if this project came before the Council for the first time today, they would be able to be approved based on the City's Comprehensive Plan and LDRs, including Traffic Performance Standards. City Engineer Lindahl stated that with regard to the issue of the relocatable easement, if this property had been developed it would have had to deal with some off -site pass through drainage from the adjacent area. The property has not developed and the consequences of not being able to handle that pass through CITY COUNCIL REGULAR, 3/6/97 10 drainage was vividly demonstrated during October 17, 1995. As a result of that, the City is now asking the applicant that the City, while the property is not developed, be allowed to use the area for drainage purposes. When the property is developed, it will have to deal with the pass through drainage either through an open channel or some other vehicle to move the water. Mr. Lindahl explained that a document would be recorded for the purpose of the temporary drainage easement that would be subject to being relocated and would provide the flexibility that the applicant or future owner would need. The City was not proposing a rigid encumbrance on the property, but needed to move water through that property on a temporary basis. Councilman Clark suggested the document be recorded before second reading of this Ordinance. Councilman Clark made a motion, seconded by Councilman Jablin, to place Ordinance 4, 1997, on first reading, by title only. The motion was unanimously carried. The City Clerk read on first reading, by title only, Ordinance 4, 1997, approving an amendment to The Oaks Center, outparcel at "The Oaks" Planned Unit Development, to allow for a time extension to construct three office buildings. Ordinance 9, 1997 Karen Moore, a resident of Garden Lakes, addressed the City CITY COUNCIL REGULAR, 3/6/97 11 Council with her concerns regarding residents not being allowed to park trucks on City property because her homeowners association's rules and regulations prevented her parking her truck within her community. The Council suggested that Ms. Moore address this problem directly with her homeowners association for a possible change in their rules and regulations. It was also pointed out that the recent adoption of a Park Code prevented residents from parking their vehicles in parking lots of the various parks throughout the City, however, this Ordinance did not address Ms. Moore's problem. Councilwoman Monroe requested an amendment to Ordinance 9, 1997, to Section 2, subparagraph (b)(1) adding the following language to the end of the sentence: "providing two (2) outside wheels are within twelve inches (12 ") of the outside pavement." The City Attorney stated that the amendment would require him to review paragraph "(a) for an additional amendment. Councilman Clark made a motion to place Ordinance 9, 1997, on first reading, by title only. Vice Mayor Furtado seconded the motion, which unanimously carried. The City Clerk read, by title only, on first reading, Ordinance 9, 1997, repealing Section 70 -61 of the Palm Beach Gardens Code of Ordinances, entitled CITY COUNCIL REGULAR, 3/6/97 12 "Authorization of No Parking Restrictions"; amending Section 70- 62 of The Palm Beach Gardens Code of Ordinances, entitled "Parking on City Property". Ordinance 11, 1997 Rich Walton, Planning and Zoning Director, detailed the history of the Bridge Center PUD project, stating that the property has yet to be developed. In response to Councilwoman Monroe, the Traffic Engineer stated that there was a traffic study, however, it did not address valet parking. It was pointed out that in her letter she did reference valet parking, which stated that the valet parking would have to be located across the street. Councilwoman Monroe stated she had real problems with the off - site parking and has always had this problem with this project since its original approval. Mr. Gerald Rossow addressed the City Council regarding Ordinance 11, 1997, stating that after 10 years of proposed projects on this site he felt it was time to stop giving time extensions, and pointed out that the current approved project should have been completed 12/31/96. Councilwoman Monroe and Mayor Russo stated their objections to the proposed project, stating they had not voted in favor of CITY COUNCIL REGULAR, 3/6/97 13 approval of this PUD. Councilwoman Monroe and Mayor Russo stated that the project was too intense for the site and objected to the parking across the street from the project site. Vice Mayor Furtado made a motion to place Ordinance 11, 1997, on first reading, by title only. Councilman Jablin seconded the motion, which carried by a vote of 3 ayes and 2 nays. Mayor Russo and Councilwoman Monroe cast the nay votes for reasons stated. The City Clerk read by title only, on first reading, Ordinance 11, 1997, approving an amendment to "The Bridge Center" Planned Unit Development to allow for a time extension to construct a 14,945 square foot restaurant and 4,000 square feet of office space. ITEMS BY MAYOR AND COUNCIL Councilman Jablin Councilman Jablin requested, and the Council agreed, to schedule a workshop meeting of the City Council and the Education Advisory Board to discuss concurrency and the one -cent sales tax issue. Mayor Russo suggested that Councilman Jablin invite Representative Merchant and Commissioner Marcus to the meeting. The City Council agreed to hold this workshop meeting on April 10, 1997. CITY COUNCIL REGULAR, 3/6/97 14 Councilman Clark Councilman Clark reported that the Beautification and Environmental Committee approved a recommendation to the City Council re: City sign locations. Councilman Clark advised that this item would be on a City Council agenda in the near future. Councilman Clark stated that the terms of some members of the Planning and Zoning Commission have expired and he and the Chairman have been interviewing applicants for possible appointments to the Commission. Councilman Clark advised that these appointments would be on a City Council agenda in the near future. Councilwoman Monroe Councilwoman Monroe reported that she attended a meeting of the Code Enforcement Board and stressed that the Board needed help in not only parliamentary procedures, but instruction on what their duties were concerning code violations. Councilwoman Monroe expressed her displeasure that the Board was trying to figure out how to help someone who had a violation by telling them to come to the City Council to amend the Codes. City Manager Herakovich stated that the possibility of using a Special Master for Code Enforcement proceedings was on the work list and was in the process of being researched. Vice Mayor Furtado Vice Mayor Furtado reported that the first meeting of the CITY COUNCIL REGULAR, 3/6/97 15 Neighborhood Initiative Task Force was a success and that representatives of that Task Force have gone out to their neighbors for ideas and concerns. Mayor Russo Mayor Russo thanked Roy Davidson of BallenIsles for allowing the City to host the Annual Advisory Board Recognition Reception at the BallenIsles Country Club. Mayor Russo reported that he attended the ground breaking ceremony for the new stadium to be built in Jupiter today. ITEMS FOR DISCUSSION Shared Parking Rich Walton stated that the City received a request for the City to consider adopting the concept of shared parking. Shared parking is the concept where the same parking spaces can be utilized by two or more different land uses due to the differences in the principal operating hours of the uses involved. Mr. Walton stated that the City's LDRs do not allow shared parking in a development project or between multiple development projects. Mr. Walton pointed out that currently the City is reviewing the proposed Palm Beach Community Church petition to be located within the NorthCorp PCD and is proposing to locate 85 of its required 345 parking spaces off of its property onto Lot 8 of the NorthCorp PCD. The church and the NorthCorp owner have a private shared parking CITY COUNCIL REGULAR, 3/6/97 16 agreement which runs with the proposed use of a church. A survey of neighboring communities revealed that most have regulations allowing shared parking. Mr. Walton stated that staff was seeking direction from the City Council as to whether the codes should be amended to allow shared parking. There was a consensus of the City Council that they were not comfortable with shared parking and that the Councit was not interested in amending the Code at this time to allow shared parking . Attorney Ray Royce, representing Palm Beach Community Church, addressed the Council stating that there were site specific issues regarding the church petition. Attorney Royce stated that the church had a private agreement relative to parking. Attorney Royce stated that he picked up a pamphlet at one of the Council meetings that stated the virtues of shared parking and pointed out that the concept of shared parking has been written up by planning agencies who felt that there were appropriate circumstances where shared parking could work. Mayor Russo pointed out that the City Council was uncomfortable with the shared parking, particularly for the church project because of the Planet Ice establishment located in NorthCorp. Mayor Russo stated that the parking lot for CITY COUNCIL REGULAR, 3/6/97 17 both projects would be used at the same time. Communication Tower Ordinance Rich Walton stated that the City Council received a draft of a new Communications Tower Ordinance prepared by the City's consultant, however, the consultant was unable to attend this meeting. City Manager Herakovich stated that the way the communication tower ordinance was presently written, it was not favorable to the cellular tower industry. The attorney hired by the City to amend the communication towers ordinance would be available to discuss the amendments with the City Council at the next meeting. It was suggested that Council comments be given to the City Manager for incorporation into the ordinance, and that this item be rescheduled for the March 20, 1997, Regular City Council meeting. William Galle of Sprint PCS requested that staff work with the carriers to discuss some of the outstanding issues. Mark Schaffel addressed the Council and asked for established time frames for the amendments to the communication towers ordinance. Mayor Russo stated that staff was in the process of working on this ordinance. The City Attorney suggested that the carriers put some of their CITY COUNCIL REGULAR, 3/6/97 18 comments in writing for staff's consideration in recommending amendments to this Ordinance to the City Council. LRP Publishing Rich Walton, Planning and Zoning Director, addressed the Council stating that the Planning and Zoning Commission recommended approval of this project. Mr. Walton stated that staff had not yet received a lighting plan for this project. Mr. Walton stated that the project met City Codes and was consistent with the City's Comprehensive Plan. Mr. Walton stated the petitioner requested a waiver not to install the western landscape buffer for the initial phase as it may be tom up with future construction. The petitioner fiâ–ºrther requested a waiver to provide only 1 loading space instead of the 3 required during the first phase. Mr. Ken Blair of Catalfumo Construction addressed the Council and stated that he recently submitted a lighting plan that conformed with the City's Codes. Councilwoman Monroe suggested requiring the petitioner to install the perimeter landscape buffer on the ultimate west property line and to include a condition in the Resolution that would provide that if the project did not go forward by a time specific the petitioner would be required to seed or grass the property. Vice Mayor Furtado agreed with Councilwoman Monroe. There were CITY COUNCIL REGULAR, 3/6/97 19 no objections from the City Council regarding Councilwoman Monroe's suggestion. Mr. Blair stated that the colors for the building would be the same as the Catalfumo building, including blue signs. It was the consensus of the City Council that they did not want blue signs and pointed out that they would prefer brass or bronze signs. The Council did not object to the petitioner having one loading space in the first phase instead of the 3 required by code. Mayor Russo directed the petitioner to work out all outstanding issues with staff and if that was accomplished in a timely manner, the project could be scheduled for the next agenda. CITY MANAGER REPORT City Manager Herakovich stated that the Palm Beach Gardens Youth Athletic Association has responded to the City's request for background checks, however, their concern was that the Board did not want to have certain information that sometimes comes out of a background check on other residents that they typically would not have the right to know. However, the Board decided to proceed with the background checks, working through the FDLE. Currently, the Board is working out the details with the Association's attorney. The Association hoped to get started on CITY COUNCIL REGULAR, 3/6/47 20 the background checks right away, however, the cost was $8.00 per person and they have been unable to identify funding and asked for any assistance the City could give them. Mrs. Herakovich stated that there were anywhere from 400 -600 volunteers. Mayor Russo stated the City would have to pay for the background checks since it was the City who initiated the need. City Manager Herakovich stated that one of the items coming up on the next agenda was the renovation of the Holiday Inn. Some of the outstanding issues have been resolved, however, one problem was that the petitioner would like to get started on the project in April. In order to come before the City Council for second reading the beginning of April, the public hearing would have to be advertised prior to first reading. Councilwoman Monroe felt that this was not the proper procedure, stating that if the City Council did this for one petitioner they would be faced with doing it for all petitioners. There was a consensus of the City Council to allow the City Clerk's Department to advertise the public hearing prior to first reading. PGA National Access City Manager Herakovich, updating the Council on the PGA National Resort Community controlled access request, stated staff, the City Attorney, City Engineer and Northern Palm Beach County CITY COUNCIL REGULAR, 3/6/97 21 Water Improvement District met, and everyone involved agreed that it was imperative that any consideration of controlled access did not impact any of the City's major roadways. At this meeting it was agreed that a traffic study needed to be conducted prior to consideration by the Council, however, City Manager Herakovich pointed out that the final decision was up to Palm Beach County. Siro DeGasperis, PGA National resident, stated that he was looking for vocal support from the City Council so that as they proceed down the bureaucratic aisle with the County, they could state that, after updating the City Council, they were supportive, pending the results of some of the needed studies. Vice Mayor Furtado stated that until she saw the interchange for the turnpike approved she could not support the controlled access gates at PGA National. Councilwoman Monroe agreed, stating she would be watching the traffic on Military Trail to see if there were any impacts. Councilman Clark stated he was supportive, however, his primary concern was that he did not think the residents of PGA National would be as safe as they thought they would be. Councilman Jablin felt that if the residents wanted controlled access gates they should have them. Mayor Russo stated he could support the effort as long as there were no impacts CITY COUNCIL REGULAR, 3/6/97 22 on City roadways. Mayor Russo stated that he did not want to get much further with this effort until the City had more information. Mayor Russo stated that he did not want to see this issue become another that would divide the residents of PGA National from the rest of the residents. CITY ATTORNEY REPORT City Attorney David Acton reported that the City had not been served with a complaint regarding the communication tower application. Attorney Acton stated that the Council received copies of his correspondence to Attorney Gary Fields. City Center Rich Walton stated that at the last meeting the City Council discussed a list of variances requested and concerns that staff had regarding the City Center project. The biggest issue was the PGA Boulevard issue, and staff met with the petitioner for approximately 3 hours, however, the PGA Boulevard issue was the only issue that had not been resolved. Attorney Larry Smith, representing the petitioner, stated his client wanted to move forward and was prepared to offer an alternative condition to the PGA Boulevard issue. Mr. Smith stated the petitioner proposed to have an impact fee contribution of $125,000 specifically for the PGA Boulevard improvements. The petitioner CITY COUNCIL REGULAR, 3/6/97 23 proposed to meet this commitment by way of a letter of credit to be put up in stages proportionately to the amount of buildings being added. Attorney Smith stated that the purpose of the impact fee would be in hopes that the improvements would be advanced on the DOT calendar. DOT informed the petitioner that they would do the improvements when the time was right, however, the City was concerned that the improvements wouldn't be done until after the road failed. Attorney Smith stated the contribution would give the City something to offer the DOT toward getting the improvements done sooner. Attorney Smith suggested that the letter of credit have an expiration date because if the City did not get the improvement date moved up, or they were never done at all, this developer should bear no financial obligation for something that never happened or didn't happen in a timely fashion. Attorney Smith stated that the petitioner had a very interested tenant in Building E (Palm Beach National Bank), and the petitioner would like to have the Council entertain a slight modification to the plan to add a couple of drive- through tellers. Mayor Russo pointed out that the money for the improvements being in the form of a letter of credit would preclude the money from earning interest. Attorney Smith stated that the petitioner was CITY COUNCIL REGULAR, 3/6/97 24 already investing an inordinate amount of money in this project up front and asked the Council to remember that the developer was doing all on -site improvements up front, as well as half of the Ellison Wilson Road improvements up front. City Engineer Lindahl stated that the cost arrived at by Attorney Smith and his client was arrived at was due to the cost of the improvements, which would be approximately a half million dollars. The amount of new trips generated, either gross or segregated, on PGA Boulevard in comparing the current approval and what was before the Council, was 57% less than what was currently on the books. Councilwoman Monroe stated her inclination was that if staff came up with an agreement that the turn lane was needed, but the median closing was not, then credit should be given for the median closing, and given a percentage. Mayor Russo stated the only concern he had was that over time the cost of the improvement would escalate, however, he understood the petitioner's position. Vice Mayor Furtado stated she like the fact that the City would get some help with the intersection of U.S. 1 and PGA Boulevard now and had no problems with the letter of credit. Vice Mayor Furtado CITY COUNCIL REGULAR, 3/6/97 25 did not have a problem with the letter of credit being done in phases. Councilman Clark stated that he agreed with Vice Mayor Furtado. Councilman Clark asked for further clarification regarding the expiration date of the letter of credit. Attorney Smith suggested that the letter of credit would be fully funded upon pulling the last building permit and if the improvements haven't been done within a year after the last permit was issued then it would expire. Attorney Smith based the timing on the fact that the project's build out date was 2006. Mayor Russo stated that the expiration arrangements were a concern because a developer could pull a building permit a lot earlier then the actual construction of the building. Attorney Smith pointed out that this was all being done in an effort to get DOT to move the improvement date up on their schedule. The City Council agreed that the expiration date would be a year from issuance of the last Certificate of Occupancy. There was a consensus of the City Council that there were no objections regarding the issue with the drive through tellers for the bank or the landscaping issues along the perimeter of the project. CITY COUNCIL REGULAR, 3/6/97 26 The petitioner was directed to work out all other issues with staff. Mayor Russo stated that staff should draft the development order and place this project on the next agenda for first reading. Councilman Clark asked, and the petitioner agreed, to setting aside a space on the site to install a city sign at the intersection. ADJOURNMENT There being no further business to discuss, the meeting was adjourneZa APPROVAL Jo Vice Mayor Lauren Furtado e uncilwoman Linda Monroe 6ot 6cilman Eric Jablin Councilman David Clark Attest. Linda V. Kosier, CMC, City Clerk