HomeMy WebLinkAboutMinutes Council 101796CITY COUNCIL
REGULAR MEETING
OCTOBER 17, 1996
The City Council Regular Meeting of October 17, 1996, 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, and opened with the Pledge of Allegiance to the Flag.
ROLL CALL The roll was called by the Deputy City Clerk, and the following
elected officials were found to be in attendance: Mayor Joseph R.
Russo, Vice Mayor Lauren Furtado, Councilwoman Linda Monroe
and Councilman David Clark. Councilman Eric Jablin arrived at
8:04 p.m.
PRESENTATIONS Representative Sharon Merchant gave a legislative update and
reported on issues such as the passing of a $40,000,000 budget that
included no new taxes; abolishment of the Department of
Commerce and establishment of Enterprise Florida in it's place,
using a public /private partnership; welfare reform amendments that
included limits to the number of years an individual can receive
public aid; water policy issues; Taxation Reform Commission
issues such as telecommunications; and charter school issues.
Representative Merchant stated that she was always available to
answer any questions anyone may want to ask her and encouraged
people to call her with any concerns.
CITY COUNCIL REGULAR MEETING, 10/17/96
AWARDING OF BIDS
Financial Advisory City Manager Herakovich stated that the bids for Financial
Advisory concerned the bond issue. The bids were advertised on
September 21, 1996, and opened on October 3, 1996. Staff
recommended Dunlap and Associates be awarded the bid in the
amount of $7500. Councilman Clark made a motion, seconded by
Vice Mayor Furtado, to approve awarding the bid to Dunlap and
Associates in the amount of $7500. The motion was unanimously
carried.
Holly Drive Landscaping City Manager Herakovich stated the these bids were advertised
September 20, 1996 and opened October 7, 1996. City Manager
Herakovich stated that at the last meeting a phasing plan was
presented to the City Council and the contractor has agreed to
eliminate the third phase. Staff recommended Alpha Zeta
Enterprises be awarded the bid for up to $36,593.25.
Councilwoman Monroe made a motion to approve staff
recommendation. Vice Mayor Furtado seconded the motion,
which was unanimously carried.
Stockade Fence City Manager Herakovich stated that this was the I -95 fence and
stated that the bids were advertised September 25, 1996, and
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CITY COUNCIL REGULAR MEETING, 10/17/96
opened October 7, 1996. Staff recommended the bid be awarded
to Budget Fence Company in the amount of $50,000. Vice Mayor
Furtado made a motion, seconded by Councilman fablin, to
approve the recommendation to award the bid to Budget Fence
Company in the amount of $50,000. The motion was unanimously
carried.
Fertilizer City Manager Herakovich stated that these bids were advertised
September 9, 1996, and opened on September 24, 1996. Staff
recommended awarding the bid to Harrell's, Inc. In the amount of
$30,240. Vice Mayor Furtado made a motion to award the bid to
Harrell's, Inc. in the amount of $30,240. Councilwoman Monroe
seconded the motion, which unanimously carried.
Replacement of Roof City Manager Herakovich stated that this bid was for the
replacement of the roof at the Public Works building. The bids
were advertised September 25, 1996, and opened October 7, 1996.
Staff recommended the bid be awarded to All Roof Services in the
amount of $17,600. Councilwoman Monroe made a motion to
approve awarding the bid to All Roof Services in the amount of
$17,600. The motion was seconded by Vice Mayor Furtado and
unanimously carried.
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CITY COUNCIL REGULAR MEETING, 10/17/96
REORDERING OF
AGENDA Councilwoman Monroe made a motion, seconded by Councilman
Clark, to reorder the agenda to place the Public Hearing for
Resolution 100, 1996, at this time due to the large number of
people in attendance for this public hearing. The motion was
unanimously carried.
PUBLIC HEARINGS:
Resolution 100, 1996 Mr. Bennet, President of the Palm Beach Country Estates
Homeowners Association, stated that the Engineer report that
would be given at the final public hearing would be subject to
cross - examination as well as the summaries from all sides. Mayor
Russo stated that the amount of time for the summaries should be
limited for each side. Mayor Russo stated, and the City Attorney
confirmed, that the City's Staff Report presentation would be
subject to cross - examination and asked that the staff report be
given to the parties before the final public hearing. City Attorney
Baird stated that as long as the public hearing remained open, new
evidence could be presented. Attorney Ray Royce stated he had no
problem with a time limitation for summation, however, reminded
the Council that the applicant would have the final
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CITY COUNCIL REGULAR MEETING, 10/17/96
summation. Attorney Royce asked that the Council consider
giving the applicant more time for summation since there were 2
sides presenting summaries opposing the applicant. City Engineer
Lindahl stated that he had copies of the City's staff report for all
parties.
Vice Mayor Furtado made a motion, seconded by Councilman
Clark, to recess the Public Hearing to the November 7, 1996, City
Council meeting, with the Public Hearing to reconvene at 8:00
p.m. The motion was unanimously carried.
ITEMS BY THE M AYOR
AND CITY COUNCIL
Vice Mayor Furtado Vice Mayor Furtado stated that Riviera Beach is having a problem
with PalmTran because it has stopped services used by the elderly
by taking out some of the stops. Vice Mayor Furtado stated that
the buses were no longer going into projects and are only stopping
at the roadside, making it difficult for elderly customers to get to
the stops. Vice Mayor Furtado stated that residents in the
Meadows Mobile Home Park may be having the same problem and
asked that the City send a letter to PalmTran concerning this
problem. It was the consensus of the City Council that Vice Mayor
Furtado research whether residents in The Meadows Mobile Home
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CITY COUNCIL REGULAR MEETING, 10/17/96
Park were having this problem, however, felt it was probably
beyond the control of the City Council to require that PalmTran
change their stops.
Councilwoman Monroe Councilwoman Monroe stated there were problems with pumping
from Ballenlsles into the Earman River. City Engineer Lindahl
stated that he has been monitoring the Merrill Canal, which west of
Military Trail belonged to North Palm Beach County Water
Improvement District, and east of Military Trail belonged to the
City. Mr. Lindahl stated he has had several discussions with
NPBCWID regarding containing certain substances upstream, and
he was not aware of any change in the last 10 days. Mr. Lindahl
stated that NPBC W ID called him this evening stating that they
were going in advance of the potential storm and would try to let
the water discharge, and pointed out that the City was doing the
same. Mr. Lindahl reported on actions the City was taking in
reference to the potential storm to avoid flooding problems that
were experienced a year ago. Councilwoman Monroe asked that
Mr. Lindahl find out by tomorrow morning if the pumping
referenced was more than it should be and asked for information as
to why the water was flowing west instead of east.
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CITY COUNCIL REGULAR MEETING, 10/17/96
Mayor Russo Mayor Russo stated that last week he advised the City Council
about the School Board discussion regarding moving children from
Timber Trace Elementary to Palm Beach Gardens Elementary and
today he found out that because of the efforts of everyone the
children would be allowed to continue in the schools they started in
and the School Board would do a study before making a decision
regarding relocation.
Vice Mayor Furtado Vice Mayor Furtado suggested that the Education Advisory Board
get a copy of criteria regarding how a school becomes a charter
school.
COMMENTS FROM
THE PUBLIC
Tony Anthony Mr. Tony Anthony, a resident of Holly Drive, addressed the City
Council about concerns he had with the Holly Drive project. Mr.
Anthony stated that even though he asked Public Works not to
remove his curb and that he would remove the curb himself when
he returned from his vacation, it was removed while he was on
vacation. Mr. Anthony provided the City Council with addresses
along Holly Drive that also have curbs similar to the one on his
property that was removed. City Manager Herakovich stated that
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CITY COUNCIL REGULAR MEETING, 10/17/96
staff has asked Mr. Anthony has been asked to give a list of
concerns to the City, however, as of this date it has not been
received. Mr. Anthony asked the City to increase communication
with the residents of the City.
Mayor Russo stated that he received a call from a resident that
lived on Holly Drive who stated that he made five telephone calls
to the City and never received a call back. Mayor Russo stated that
this was a problem area that had to be worked on in an effort to
improve communication. Mayor Russo stated that when a resident
calls, they are to be called back. City Manager Herakovich stated
that the City has improved communication by offering the
publication of CityLine and last week made an offer to a
Community Affairs Specialist to handle complaints.
Mr. Anthony expressed his dissatisfaction with the sod that was put
down on Holly Drive as well as the maintenance of the newly laid
sod. Vice Mayor Furtado requested that Mr. Anthony put his
concerns in writing so that the City could respond to each item
individually.
CONSENT AGENDA Councilman Clark made a motion, seconded by Councilman
Jablin, to approve the Consent Agenda. The motion unanimously
carried. The following items were approved on the Consent
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Agenda:
1. City Council Regular Meeting Minutes of 10/3/96.
2. Proclaiming October 23 -31 as "National Red Ribbon
Celebration ".
3. Proclaiming the month of November as "National Epilepsy
Awareness Month ".
PUBLIC HEARINGS:
Ordinance 14, 1996 Mayor Russo declared the Public Hearing open, which was duly
advertised and postponed from the 8/15/96 and 10/3/96 Regular
Meetings of the City Council. Planning and Zoning Director
Richard Walton stated that the City received a letter from the
petitioner requesting a postponement to a future meeting of the
City Council. Vice Mayor Furtado made a motion to recess the
Public Hearing for Ordinance 14, 1996, to amend the Comfort Inn
PUD, to construct a two- story, 7,507 square foot ancillary building.
The motion was seconded by Councilman Clark and unanimously
carried.
Ordinance 20, 1996 Mayor Russo declared the Public Hearing open, which was duly
advertised 1012/96, and held on the intent of Ordinance 20, 1996,
consideration of approval to amend Section 159.111 of the Palm
Beach Gardens Code, entitled "Parking and Storage of Commercial
Vehicles, Boats, Buses, Trailers and Trucks ", providing for a time
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CITY COUNCIL REGULAR MEETING, 10/17/96
frame for compliance, and providing for a renewal date. There
being no comments from the public, Mayor Russo declared the
Public Hearing closed. Councilwoman Monroe made a motion to
place Ordinance 20, 1996 on second and final reading, by title
only, and for adoption. The motion was seconded by Vice Mayor
Furtado and unanimously carried. The Deputy City Clerk read
Ordinance 20, 1996, by title only, on second and final reading.
RESOLUTIONS:
Resolution 128, 1996 City Manager Herakovich stated that staff recommended
postponement of Resolution 128, 1996, consideration of approval
of a contract for legal services, until there was an opportunity to
analyze the difference between a retainer and an hourly rate.
Resolution 132, 1996 City Manager Herakovich stated that Resolution 132, 1996, was
for the consideration of approval of a contract for Engineering
Services with the firm of Lindahl, Browning, Ferrari and Hellstrom
for Fiscal Year 1996 -97. City Manager Herakovich stated that this
contract was a little different then the one approved last year as the
Mr. Lindahl has agreed to assist the City in phasing in an in -house
engineering office, and this has been addressed in the contract.
Vice Mayor Furtado made a motion, seconded by Councilman
Clark, to approve Resolution 132, 1996. Resolution 132, 1996,
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CITY COUNCIL REGULAR MEETING, 10/17/96
was amended to delete "shall attend such', so as not to imply that
the City Engineer was to attend all City Council meetings. Mr.
Lindahl stated that he understood that he would attend any City
Council meetings and Advisory Board meetings as directed by the
City Manager, Vice Mayor Furtado and Councilman Clark
withdrew their motion and second. Vice Mayor Furtado made a
motion, seconded by Councilman Clark, to approve Resolution
132, 1996, as amended. The motion unanimously carried.
Resolution 153, 1996 Planning and Zoning Director Richard Walton stated that this
request was for an amendment to the site plan for Northlake Square
to allow the construction of a 169 -seat restaurant in place of an
originally approved restaurant with a drive through and an office
building. Mr. Walton stated that this request would replace a
restaurant that was larger and that the proposed restaurant would be
painted the same color as the primary colors of Pep Boys.
However, the proposed restaurant proposed striped green awnings.
Mr. Walton stated there have been landscaping problems on this
site and dead vegetation has been replaced for the third time. Mr.
Walton stated that the owner has cooperated in the replacement and
the City Forester was working with the owners.
CITY COUNCIL REGULAR MEETING, 10/17/96
Mr. Walton stated that the Planning and Zoning Commission
unanimously recommended approval with five conditions. The
applicant agreed to comply with all five conditions of approval.
Hank Skokowski, agent for the petitioner, addressed the City
Council, stating that this restaurant was a permitted use for the site
and presented a detailed drawing of the proposed restaurant.
Mr. Skokowski presented reasons for requesting the striped green
awnings, stating that a restaurant was a festive place and not
similar to an office building. Mr. Skokowski stated that
Applebee's has agreed not to use the "apple" on their logo, so they
have been cooperative in requests made by staff and the Planning
and Zoning Commission. Mr. Skokowski requested that the
Council consider amending the condition that required all awnings
to be solid green to allow a striped green awning. Mr. Skokowski
stated Applebee's would lease the land and the best they could do
with current code enforcement problems would be to enter into
negotiations with the owner to have the problems brought into
compliance. Mr. Skokowski stated that in Condition #1, second
sentence, it stated that prior to the issuance of the Applebee's
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CITY COUNCIL REGULAR MEETING, 10/17/96
Certificate of Occupancy the entire Northlake Square landscaping
shall be inspected by the City Forester for compliance with all
approved landscape plans. Mr. Skokowski did not feel that
Applebee's had any control over landscaping problems
experienced by the owner of the entire site and did not feel that
Applebee's should be held responsible for the control of that issue.
Mayor Russo stated that Applebee's was in a better position to get
these problems solved as they would be negotiating a lease and it
would be to their benefit to have the landscaping problems solved.
Councilwoman Monroe stated the City was dealing with the
landowner and the landowner would risk losing Applebee's
business if the property was not brought into compliance with the
landscaping problems.
Councilwoman Monroe asked if in the Site Plan, between the
building and the roadway, if there was as much green space as in
the previously approved plan. Mr. Skokowski stated that there was
a 15 foot landscaped strip as there was in the original approval.
Mr. Skokowski stated that there was foundation landscaping
between the walkway and the building and there was foundation
vegetation around the building. Councilwoman Monroe stated she
was concerned with the proposed landscaping for this building.
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CITY COUNCIL REGULAR MEETING, 10/17/96
Mr. Walton stated in the last staff report given to the Planning and
Zoning Commission, there was a comment that stated in
comparison to what was previously approved, there was a 1%
reduction in the amount of open space, however, the entire site
doubled the minimum landscaping required by City codes.
Councilwoman Monroe stated that she had a problem with the
blank walls in the rear elevations and on the sides of the building,
and suggested some taller vegetation to break up the building. Mr.
Skokowski stated that the Planning and Zoning Commission had
the applicant reduce the size of the sidewalk and added additional
landscaping.
Mr. Gary Ilesi, representing Applebee's, stated that the sidewalk
could be terminated at some point, however, pointed out that the
restaurant does like the guests to walk on the sidewalk instead of in
the parking lot where there is traffic.
Councilwoman Monroe stated the City did not know if this site
would always be an Applebee's and felt that the design should be
such that it functions. Vice Mayor Furtado stated that there was
quite a bit of distance between the back of this building and the
trailer park on the property behind this site. Councilwoman
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CITY COUNCIL REGULAR MEETING, 10/17/96
Monroe felt that approval of this project should be postponed so
that some of the Council's concerns could be worked out. Mr.
Skokowski suggested that the area is somewhat limited in area and
stated that 3 Saba] Palms could be planted on each side and would
accomplish the break up of the vertical wall. Councilwoman
Monroe suggested Washingtonian Palms. The applicant agreed to
adding 3 Washingtonian Palms on either side of the building and
also in the front of the building. Mr. Skokowski stated that he
would submit reduced copies of the plans for the Council. The
Council agreed to removing Condition # 5, allowing the striped
green awnings. Councilwoman Monroe stated that the rear of the
building needed an element to improve the appearance and
requested that the applicant consider an improvement to that area.
Mr. Ilesi of Applebee's stated that he could add some stucco
architectural appointments placed in the back of the building.
Mayor Russo stated once all revisions are submitted to staff for
compliance, Resolution 153, 1996, would be placed on the Consent
Agenda for the next Regular City Council meeting.
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CITY COUNCIL REGULAR MEETING, 10/17/96
Resolution 154, 1996 Planning and Zoning Director Richard Walton stated this project is
located just north of the croquet area in PGA National. Mr.
Walton stated that these would be two -story residential units
consisting of 2 and 3 bedrooms. The main roadway would have a
24 foot right -of -way with a five foot sidewalk on either side of the
roadway. The entire roadway system will be paver block. With
the exceptions of units 101 through 104, petitioner is proposing
parking for each unit inside a two car garage with a 1 or 2 car
parking apron, totaling 171 parking spaces. The area around the
site is controlled by Northern Palm Beach County Improvement
District and they recently approved the petitioner's request to
reduce the width of maintenance easement from 30 feet to 20 feet.
The petitioner is proposing to landscape patios within 20 feet and
NPBCID has agreed to that proposal as long as there is a minimum
of 12 feet of area to drive around. Mr. Walton stated that the
petitioner was requesting several waivers as listed in the staff
report, that included planting strips, minimum house to house
dimensions, street widths, parking distances to the curb, and
pedestrian walk. The Planning and Zoning Commission approved
the petition with 6 conditions, 2 of which have been modified.
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CITY COUNCIL REGULAR MEETING, 10/17/96
Mr. Walton stated that the road back to the pool, immediately
adjacent to circulation to get in and out of the garages, was a
concern to the Planning and Zoning Commission. The resolution
was to reduce the grade so that the sidewalk was a grade level.
Another substantial issue is the lack of stacking from the call
boxes. Mr. Walton stated that this project's entrance was at a 3
way intersection, which would now provide for a 4 way stop
intersection. However, from the call box to the road there was not
appropriate stacking. The Planning and Zoning Commission
recommended approval as presented, however, the City Engineer
has expressed concerns with the stacking. Mr. Walton stated the
sign package did not include a design for the lettering, however,
the petitioner would be required to submit the necessary
information for staff review and approval. Staff recommended
approval of this petition, with conditions.
City Engineer Lindahl stated that the area of concern was the entry
and pointed out the location of the call box. Mr. Lindahl expressed
his concerns with the lack of proper stacking capabilities with the
proposed entry. Mr. Lindahl stated that the City Council recently
approved a project known as Hidden Hollow that had a similar
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CITY COUNCIL REGULAR MEETING, 10/17/96
problem and resolved that by stating that the gates would remain
open from 6:00 a.m. until 10:00 p.m. and would be closed for call
box from 10:00 p.m. until 6:00 a.m. which were the hours people
were worried about for security reasons. Mr. Channing stated to
Mr. Lindahl that he would be agreeable to that condition. Mr.
Engineer stated that the second item would be to get the call box
moved forward another five feet forward into the project so that
there would be stacking for two automobiles. Mr. Lindahl pointed
out that the City required a 4 car stacking capability at Hidden
Hollow, however, pointed out that this project would be located at
a 4 way stop and could work with a two car capability.
Attorney Steve Mathison, representing the developer addressed the
City Council stating that the conditions proposed by Mr. Lindahl
were agreeable to his client. Mr. Mathison stated that one issue
that needed to be discussed was the use of asphalt rather than the
use of shellrock for the temporary entrance and parking facility.
This would only be used in the initial stages of the development,
and relate to issues that are Conditions 5 and 6 of the proposed
resolution. Mr. Mathison stated that after reviewing the situation,
the Planning and Zoning Commission were comfortable with the
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CITY COUNCIL REGULAR MEETING, 10/17/96
gate issue and felt that the compromise offered was agreeable. Mr.
Mathison stated that all other conditions in the resolution were
agreed to by the petitioner.
Mr. Howard Ostrout, Landscape Architect, detailed the
landscaping and architectural features of the site plan.
Councilwoman Monroe stated that the gates operating against the
side of the building would cause noise to the unit at the end of the
building. Councilwoman Monroe expressed her approval of the
way the site was used, however, disagreed with the aretha palm
stating that the first cold front would kill these trees. Mr. Ostrout
stated that these trees were in a protected area because of the
overpass of the roadway, and Councilwoman Monroe agreed with
his theory. Councilman Clark stated that he like the idea of the
project, however, felt that there was too much on the site.
Councilman Clark stated that by putting the extra buildings in
close to the road, the petitioner limited his options in terms of how
to handle the gate system. Councilman Clark stated there would be
pressure from the residents to keep the gates closed 24 hours a day
and felt this would return to the City Council asking for the
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CITY COUNCIL REGULAR MEETING, 10117/96
closing of the gates. Councilman Clark felt that if one or more
buildings near the road were eliminated, the gate structure could be
improved and at the same time solve some of the stacking and
parking problems. Councilman Clark stated that when you look at
the buildings, because they have the two car garages, a long line of
town homes are not as attractive, however, felt that the landscaping
could help ease that problem. Councilman Clark felt that the most
serious problem with the proposed project was the gate system.
Mayor Russo stated that if 509 and 510 was not there parking
problems would improve, however, the offset was when he saw the
elevations of what was being done in the front it was more
appealing. Mayor Russo stated that he agreed with Councilman
Clark regarding the problems and possible future problems with
the gate system. Mayor Russo stated he would rather fix this
problem at this time rather than have future residents come back to
the City Council to request the gates be closed 24 hours a day.
Councilwoman Monroe stated that the four units that did not have
an apron concerned her and stated that she wanted every garage to
have an apron. Councilman Clark felt that the vines and some
trees to soften the outlines of the garages it would help,
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CITY COUNCIL REGULAR MEETING, 10/17/96
however, he did not feel that the palm trees at the curb line would
do much because as they get taller the garage doors would be
visible. Vice Mayor Furtado pointed out that those units that do
not have the parking apron are done that way because there is not
enough setback. Mayor Russo felt that the only thing that would
make this project work would be for the two units referenced by
Councilman Clark being taken out of the plan. Mayor Russo also
requested that the City Engineer come up with a time frame for
how long the temporary asphalt roadways and that time frame be
included in the resolution. Mayor Russo also stated that there is
support on the Council for a 24 hour gate system.
Attorney Mathison discussed the concerns brought up by the City
Council and stated that the gate system was one of the major
concerns. Attorney Mathison stated that when he prepares the
covenants for this development they could be done to include the
Council's decision so that the covenant runs with the land. Mayor
Russo stated that in every development in PGA National they have
disclosed to residents about the guard gates and pointed out that
still some residents have not been aware of the problems with the
guard gates.
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CITY COUNCIL REGULAR MEETING, 10/17/96
Mr, Joel Channing stated that he was willing to leave the gates off
the project in an effort to get approval. Mr. Channing stated there
was parking for all the units, adequate maneuvering space, that the
professionals were all satisfied with the plans, and the project
works. Mr. Channing stated that if he has to remove 2 units then
the project will not work. Mayor Russo pointed out that this would
be the only development in PGA National that would not have
gates and felt that the residents would come back to the City for
approval of a gate system. Councilwoman Monroe stated she
could live with only one unit in the middle, which would give the
developer enough room to broaden the out side and agreed that the
gate system had to be in place for the satisfaction of the potential
residents. Councilman Clark stated that the Council wanted a 24
hour gate, with proper stacking. Mayor Russo stated that the
Council would also like to see parking in front of all units.
Attorney Mathison stated that he and his client will incorporate the
Council's thoughts and come back to the City Council for
consideration of approval. Mayor Russo stated that Resolution
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CITY COUNCIL REGULAR MEETING, 10/17/96
154, 1996, would be placed on the November 21, 1996, City
Council agenda.
REORDERING AGENDA Councilman Clark made a motion, seconded by Councilwoman
Monroe, to reorder the agenda to hear Items for Discussion at this
time. The motion unanimously carried.
ITEMS FOR DISCUSSION
City Centre Planning and Zoning Director Richard Walton stated that at the last
meeting regarding City Centre, the City Council raised several
questions of staff regarding the amendment to City Centre (f/k/a
Oakbrook Corporate Center). Staff was directed to look at the
parking garage in West Palm Beach to measure spaces and drive
aisles. Mr. Walton stated that the parking spaces and aisles at the
parking garage in West Palm Beach had smaller aisles than what
was allowed in Palm Beach Gardens. There was also a question
raised regarding uniform perimeter landscaping, particularly along
U.S. Highway One. Staff indicated that the landscaping proposed
at that location was not consistent with the remainder of the
perimeter landscaping. Mr. Walton stated that the petitioner did
not feel that this area was under their control, and Mr. Walton
pointed out that along U.S. Highway One there was not a 50 foot
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CITY COUNCIL REGULAR MEETING, 10 /17/96
landscape buffer as required by City codes, that is required for the
rest of the site. Staff felt that the existing Cypress Tree /Sausage
Tree could be relocated onto the site, and that was a condition
agreed to by the petitioner at the Planning and Zoning
Commission. Mr. Walton stated that while the petitioner had
requested to have this tree relocated during the third phase, staff
felt it would be better to have this commitment of relocation as part
of the final approval to avoid potential problems. Mr. Walton
reviewed revised plans submitted by the petitioner, and pointed out
that staff has not changed their position on traffic issues for this
project. Mr. Walton presented pictures of local parking garages
that had landscaping to break up long vertical walls.
Attorney Larry Smith, representing the petitioner, stated this is the
eastern gateway to the City and the project reflects the importance
of its location. Mr. Smith stated he would like to specifically
address Condition #5 in the staff report, regarding the DOT
Access Management Plan, and Condition 49, the six -laning of
PGA Boulevard. With regard to the DOT Access Management
issue, there is a proposed median opening which was intended to
serve 4 areas. The project had a current median opening that gave
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CITYY COUNCIL REGULAR MEETING, 10/17/96
an opportunity for northbound traffic to turn left into the project.
The idea behind the proposed median opening was so that all of
these projects could be served by it and the other median opening
at some point in time could be eliminated. It was intended that
there be a tri-party agreement between the three property owners
and was eventually negotiated and ready for signatures. There
were two disruptions that caused the agreement not to be signed.
The first was the Towers Office Building on the east side of U.S.
Highway One has a median opening and theirs would close as a
result of the proposed median opening becoming operable. There
will be a hearing on this issue in November and the issue is still
pending. The Target project has also confused the issue and that
project is still in the court system and therefore still pending.
Another project owner has not agreed to entering into a two -party
agreement. The lesser of the two problems would be an appeal
with the DOT and is something that can be worked out if the
Access Management Plan changes. The other problem would be
getting the road built from their corner to U.S. Highway One, as
the petitioner cannot go across another owner's property without
some kind of easement or right to get across.
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CITY COUNCIL REGULAR MEETING, 10/17/96
Mr. Smith stated that the traffic and trips on the road does not
necessary require a left turn, however, it is a more desirable and
safer solution. Mr. Smith stated their situation is that the petitioner
has no control over either situation and asked for relief with
Condition 45. Mr. Smith offered that if the Access Management
Plan changes then the petitioner would get back with staff to
rework the condition so the private road condition can be changed.
However, if the petitioner cannot get from point "A" to point "B ",
then the petitioner should not be required to do so. Mr. Smith
stated that if the petitioner can get a reasonable solution with the
adjoining property owner to get to U.S. Highway One, and would
like a reciprocal easement with that property owner. Alternatively,
Mr. Smith stated the City Council would have an opportunity to
review this project at some point in the development, and unless a
similar condition is imposed on the adjoining property owner in
getting the median opening, then the condition should not be
imposed only on this petitioner.
City Engineer Lindahl stated that if the elimination of the existing
median opening occurs, people would have to make a u -turn a the
Intersection or go all the way to Ellison Wilson Road to get to the
development.
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CITY COUNCIL REGULAR MEETING, 10/17/96
Mr. Lindahl felt that the issue of the u -turn and the traffic
circulation was paramount to the moving forward of the project.
Mayor Russo stated that he realized that some of the things the
City wanted to have done are out of the control of the City and the
petitioner. Mayor Russo stated he had a feeling that whoever
developed the remaining parcel would have the same concerns that
this petitioner has. Mayor Russo felt there would be pressure to
resolve the issues regarding the median cuts. Mr. Lindahl stated
that the representations that were made to the DOT to modify the
Access Management Plan cannot come to fruition because of the
events described by Mr. Smith. However, it is those actions that
occurred and caused the Access Management Plan to be revisited
that caused the median cut to be eliminated and moved to another
location. Mr. Lindahl stated that it was not a bad situation if the
one median cut was eliminated and the other one occurred. Mr.
Lindahl felt strongly that the City should intervene or participate in
the action that The Towers were doing and felt that the City had an
interest in the outcome of the hearing regarding the Access
Management Plan. Mr. Lindahl stated that the City needed to use
all resources at hand to obtain a solution to this problem. Mayor
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CITY COUNCIL REGULAR MEETING, 10/17/96
Russo stated that the City's Engineer is stating that this problem
has to be worked out, and that it is a significant problem.
Councilman Clark stated that of all the issues surrounding this
project, the median cut was the single biggest issue. Councilman
Clark stated that the area is congested and works marginally and
this problem has to be resolved to the City Engineer's satisfaction
and there must be a way to get the road in and get the curb cut
because it is critical to the success of this project and the traffic
flow. Councilman Clark felt that the City must participate in the
process to assure the curb cut and did not think the project could
move forward on a contingent basis. Vice Mayor Furtado would
like something worked out before the project moves forward.
Councilman Jablin agreed that the solution had to be worked out
before the project moved forward.
Mr. Lindahl stated that the only thing the City could do right now
was to approach the Department of Transportation and get a
commitment from them that regardless of what happens in this area
they will not close the directional median cut until there is a full
median constructed to the south that would accommodate these
types of operations. Mr. Lindahl suggested that the City
accompany the applicant to the DOT to get a signature that can be
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CITY COUNCIL REGULAR MEETING, 10/17/96
relied upon to give enough room for this project to move forward.
Attorney Baird stated that there are several levels of participation
in the DOT hearing. One would be to seek to intervene, which
would give the City the right to present witnesses. Mr. Baird felt
that the applicant should also be an intervener as they have a
substantial interest in the outcome. If the applicant intervenes, they
could call the City's Engineer and Planning and Zoning Director as
witnesses. Another level of participation would not require
intervening, but would provide witnesses to the party that desires
to have the access. Mr. Baird stated that the strongest position
would be to intervene. It was the consensus of the City Council to
intervene, and it was suggested that through the City Manager, a
discussion take place with the Village of North Palm Beach as they
would also have an interest in this area.
Attorney Smith stated that in order to get this project begun, asked
if the petitioner could wait until the last tower building to resolve
this issue. Mr. Smith pointed out that resolution to the problem
could take some time and could cause this project to come to a
standstill if it could continue through to approval. Mr. Smith
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CITY COUNCIL REGULAR MEETING, 10/17/96
stated that the way the condition was written, the petitioner was to
build the road, have the median opening to the south before the
other median cut was closed, before the last building permit was
issued. In response to Mayor Russo, the City Engineer stated he
would have to give the proposal some thought as to whether or not
the project should continue except for the third phase. Mayor
Russo stated he would rather have the issue resolved first.
Mr. Andrew Brock, developer, stated that 250,000 square feet out
of 300,000 square feet could not get built until there was a left turn.
Mr. Brock stated that someone coming north on U.S. highway One
could get into the project.
Mayor Russo stated there are projects in this City where the second
phases are never built, and felt the issue was that the numbers
needed to be looked at before a determination was made as to the
continuation of the project before the median cut and building of
the road issues were resolved.
Attorney Smith stated the other issue concerning his client was the
six - laning of PGA Boulevard. The staff report stated that the
developer must accomplish it is in the Comprehensive Plan, the
developer agreed to do it, and it was the basis of the City settling
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CITY COUNCIL REGULAR MEETING, 10/17/96
with the County on the Comprehensive Plan agreement several
years ago. Mr. Smith suggested that under the circumstances, it
was not equitable and not fair to ask this project at this level of
intensity to six lane PGA Boulevard. Mr. Smith stated that this
project has been waiting 10 years to get built, but did not want to
see this project broken by a $500,000 improvement which, by all
accounts, was not tripped by this project.
Mr. Smith stated that on a straight traffic performance review, this
project does not require that improvement. Mr.Smith pointed out
that this amendment to the project was a reduction of 123,000
square foot reduction. Mr. Smith stated that with the elimination
of the bank, the petitioner lost a very substantial business deal and
it was not brought to the City Council because there was resistance
at the Planning and Zoning Commission. Target was suppose to
rebuild Ellison Wilson Road and was getting credit for their impact
fees for those improvements. The petitioner for this project is also
improving Ellison Wilson Road at a substantial cost. Mr. Smith
stated that the impacts keep building on this project and did not
think it was fair because the project is a lower density than what
was originally approved. Mr. Smith reminded the City Council
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CITY COUNCIL REGULAR MEETING, 10/17/96
that on a straight review the improvements to PGA Boulevard
would not happen. Mr. Smith proposed giving the City money
towards impact fees in exchange for the six -laning of PGA
Boulevard. Councilwoman Monroe stated that the original project
was more intense, and stated that she was more inclined to say look
at what the old project required. The PGA Boulevard
improvements have to be done and asked if there was some way of
working with the County and having them buy into putting other
dollars collected in that area and have the improvements done. Mr.
Smith stated that the trips for the proposed project are less than
half of what was originally approved. Mr. Smith stated that there
were $109,000 worth of impact fees associated with the original
ordinance and there are $200,000 in impact fees with the proposed
project. Mr. Smith conceded that there were trips added to the
roadway by this project and it did contribute to the road filling up,
however, felt there should be a fair share by paying its share to the
impact fees for the improvements. Mr. Smith stated that according
to the MPO Plan, these improvements to PGA Boulevard are not
planned until between the year 2006 and 2015. Mayor Russo
stated that the City needed to come up with a cost estimate of what
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CITY COUNCIL REGULAR MEETING, 10/17/96
the improvements would cost in today's dollars. Mayor Russo
stated that the City had to look at what the costs would be if PGA
Boulevard had to have these improvements. Mayor Russo stated
he was willing to listen to options, but did not want the City to
have to put in six lanes on PGA Boulevard. Mr. Smith did not feel
the improvements would have to be done because the County
would require any project coming into the area to pay impact fees
and those fees are to go to road improvements in the County. Mr.
Smith stated there would be other developments such as the Target
project that would be required to put monies into the impact fees
for the improvement of PGA Boulevard.
Mayor Russo stated that he agreed with Councilwoman Monroe
that the petitioner needed to approach the County to have some of
the other impact fees being designated for the six laning of PGA
Boulevard. Mr. Smith, referencing the staff report, stated that the
City has stated that this project had to make the improvements or it
would have to be paid for with public funds. Councilwoman
Monroe stated that this was similar to what was done on Burns
Road where the City got the County to earmark impact fees for use
in widening Bums Road. City Engineer Lindahl suggested that
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CITY COUNCIL REGULAR MEETING, 10/17/96
Commissioner Marcus be contacted regarding this issue. Mr.
Smith stated he would meet with Mr. Lindahl in an effort to satisfy
him regarding the first two buildings and asked that this project be
moved to first reading at the next meeting. City Manager
Herakovich stated that some issues still needed to be addressed.
Mayor Russo stated that first reading could occur on November 21,
1996, if the issues are settled. Mayor Russo agreed to workshop
this project at the November 14, 1996, meeting and asked that Mr.
Smith discuss the agenda to ensure that there was enough room on
that agenda.
CITY MANAGER REPORT The City Manager stated that Code Enforcement has been working
throughout the community regarding oversized trucks in residential
areas and has resulted in 3 or 4 trucks having to be relocated. Mrs.
Herakovich stated the Council has received a report on the nursery
and hoped that in the next few months the Council could get to this
subject. The artist that designed the Double Rainbow sculpture has
contacted the City suggesting a donation and the Art Advisory
Board will be discussing this issue at their next meeting.
City Manager Herakovich reported that the modulars were being
worked on and a work day is planned in conjunction with students
from the high school for painting throughout the community,
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CITY COUNCIL REGULAR MEETING, 10/17/96
including the interior of the modulars.
Mayor Russo stated that the Council discussed giving the
Recreation Advisory Board projects and felt that a major project
would be facilities and where the City should go for additional
facilities. Mayor Russo asked that this project be assigned to the
Board as soon as possible.
REPORTS BY MAYOR
AND COUNCIL
Vice Mayor Furtado Vice Mayor Furtado reported that the Turnpike Authority was at
the MPO meeting today and had three sets of drawings, one for
45th Street interchange, one for Donald Ross Road interchange and
one for the Northlake Boulevard interchange. Vice Mayor Furtado
stated that the interchanges for 45th Street and Donald Ross Road
were not economically feasible, however, with the cooperation of
the MacArthur Foundation, makes that Interchange possible. Vice
Mayor Furtado requested the City Manager provide the report done
by the MacArthur Foundation regarding this interchange to the
Turnpike Authority so they can see the design. Vice Mayor
Furtado stated that there was one design that was a tight diamond
configuration that would not affect the golf course or Steeplechase,
and the Turnpike Authority would like to see that concept.
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CITY COUNCIL REGULAR MEETING, 10/17/96
ITEMS FOR DISCUSSION (Cont'd)
Communication Tower
Ordinance (Zoning in
Progress)
Planning and Zoning Director Richard Walton stated that he
recently met with Assistant City Manager Greg Dunham and City
Attorney Tom Baird to discuss the Tower Ordinance in an effort to
move forward with an amendment. Four areas of the existing code
were identified for amendment and an addition to the code. The
new area was something that would require or give incentives for
camoflauging antennas. City Manager Herakovich stated that she
and the City Attorney met with five cellular telephone companies
that are interested in applications in the City and who also have
agreements with the School Board. City Manager Herakovich
stated she has also been in discussions with Palm Beach Country
Estates residents and they suggested that the City look
into some wording that would identify types of receptors.
Councilman Clark stated that one area that deserved special
attention was the subjective evaluation criteria. Councilman Clark
stated he would like it to be a lot clearer as to how they interact
with the objective criteria. The Council felt that staff was going in
the right direction and felt they should continue.
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CITY COUNCIL REGULAR MEETING, 10/17/96
ITEMS BY MAYOR
COUNCIL (Cont'd)
Mayor Russo Mayor Russo stated he was contacted by the principal of Palm
Beach Gardens Community High School regarding towers who
told him they wanted to have a tower installed similar to what
Dwyer High School had, however, she knew the City was not in
favor of this proposed tower. Mayor Russo stated that he told her
the City really wants everyone to comply with the laws of the City.
Mayor Russo assured the principal that the City was not interested
in installing a tower for a revenue source. City Manager
Herakovich stated that the tower at the high school could mean five
cellular phone towers at Gardens High because sometimes they
cannot have one or two companies on one pole and there are some
considerations with this issue. City Manager Herakovich stated
she was concerned with having these towers being located across
from a residential area. The City Manager stated that she has also
had discussions with the cellular phone companies regarding
locations within the City for these towers. One of the options
would be to options available was to contact the School Board to
let them know that they did not follow through with the City's
process. Councilman Jablin stated that there are towers for cellular
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CITY COUNCIL REGULAR MEETING, 10/17/96
use that can be put on the sides of buildings and are not that
objectionable.
Attorney Baird stated that, with respect to the towers at Dwyer
High School, they erected a tower even though they advised the
City that they would wait until a permitting system was worked
out. With respect to the meeting he attended with the City
Manager regarding cellular towers, they were attempting to get the
tower companies to identify where in the City of Palm Beach
Gardens they would need the infrastructure. The difficulty was
that as the population grows and as business grows in the use of
towers, they would need to locate the towers closer and closer
together. All companies at this meeting needed a tower in the area
of Gardens High and City Hall. On the stealth towers, companies
cannot share the space. Attorney Baird there was one other option
in that they have also been locating towers on transmission poles
belonging to FP &L. These types of issues need to be addressed in
the ordinance so the opportunities could be provided.
ADJOURNMENT There being no further business to discuss, the meeting was
adjourned at 11:21 P.M.
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CITY COUNCIL REGULAR MEETING, 10/17196
APPROVAL,
or Joseph R. Russo - - C�ouncilwo Linda Monroe
U
Vice Mayor Lauren Furtado t-o�cilm ric ablin
_4
Councilman David Clark
ATTEST:
Cindy Harvey, Deputy City ClerkV
39