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
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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.
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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
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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
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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
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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
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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
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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
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"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
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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
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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
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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
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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
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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
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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
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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