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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 2 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. 3 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 4 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 5 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. 11 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 7 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 8 CITY COUNCIL REGULAR MEETING, 10/17/96 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 z 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, 10 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 12 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. 13 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 14 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. 15 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. 16 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 17 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 18 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 19 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, 20 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. 21 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 0% 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 23 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 24 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. 25 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. 26 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 27 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 28 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 ling 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 30 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 31 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 32 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 33 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, 34 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. 35 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. 36 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 37 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. 38 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