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HomeMy WebLinkAboutMinutes Council 113095ROLL CAT J. ANNOUNCEMENTS TTF.MS FOR DTSCIJSSTnN THESANCTUARY (PULTE HOMES) CITY COUNCIL SPECIAL REGULAR MEETING CITY OF PALM BEACH GARDENS NOVEMBER 30, 1995 The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Vice Mayor Furtado at 7:30 P.M. in the Assembly Room of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of Allegiance to the Flag. The Deputy City Clerk called the roll and present were Vice Mayor Furtado, Councilwoman Monroe, Councilman Jablin, and Councilman Clark. Mayor Russo was absent from the meeting. Vice Mayor Furtado welcomed Boy Scout Troop 132 to the meeting, and announced that the agenda would be re-- ordered so that The Sanctuary would be discussed next, and that the discussion regarding the Palm Beach County Sheriffs Race in 1996 would be delayed for consideration at a meeting with the full City Council present. Assistant City Manager Greg Dunham reviewed the staff report regarding the status of Code violations by The Sanctuary, as well as The Sanctuary Buffer and Mitigation Construction Time Schedule provided by Pulte Homes. Ensuing comments by various staff members and consultants encompassed the progress which had been made in this matter during the past two weeks. It was reported CITY COUNCIL SPECIAL REGULAR MEETING, 11/30/95 PAGE 2 to the City Council that the applicant would restore 15,262 plants within the preserve area, and that types of species and quantities had been agreed upon: however, that yet to be determined were plant sizes and the planting plan interface with the grading plan. Councilwoman Monroe requested 16 —foot tall trees in lieu of 12 foot, and asked staff to address whether trees had been preserved on individual lots. Principal Planner Kim Glas Castro explained that a large number of trees had been relocated, which could be lost due to excessive fill. Vice Mayor Furtado questioned what arrangements had been made for the portion of the eastern Wildlife corridor which had been replanted twice and destroyed twice, and for the section in the north part of the south wetlands which had shellrock in it instead of mulch and dirt for the preserve, and was assured that those areas would be completely restored. The Vice Mayor expressed concern with the accuracy of the original survey, and whether that could have been a factor in the destruction. Councilman Jablin expressed concern regarding the time schedule of 9 -17 weeks and stated that Pulte had made a major mistake and should be required to fix it as soon as possible. Pulte representative Martin Perry stated that they were present as a result of a stop work order issued in July by the City Forester, that innocent third parties had been damaged, and suggested that Pulte post surety to guarantee the City satisfactory performance in the completion of this work, and that requirements 1 and 2 in the staff report could then be eliminated. During ensuing discussion, CITY COUNCIL SPECIAL REGULAR MEETING, 11/30/95 PAGE 3 the City Engineer explained that surety was not generally tied to either Code Enforcement issues or time schedules and suggested that requirement 2 should remain with either the current time schedule or addition of a commitment to conclude the approved restoration plans. After further discussion, Mr. Perry agreed to speak to Pulte regarding reduction of time for completion. The City Council agreed to allow electricity to be released the next day to the eleven homes awaiting certificate of occupancy. Terry Walker, an employee of CAN Environmental Consultants, addressed survivability of the plants which would be installed, and discussed the time which would be needed for proper hardening off, etc. Councilwoman Monroe discussed tree caliper and directed Mr. Walker to work with staff regarding proper caliper according to Code and practicality. After extensive discussion regarding the appropriate amount for surety and the proposed time line, the consensus of the City Council was that power would be restored the next day; that the November C.O.s would be released and the City would release the Stop Work Order upon receipt of surety in an amount and in a form acceptable to the City Manager in consultation with the City Attorney and the City Engineer; that a mutually acceptable time line would be established by Thursday of the next week, which time line would include a date for submitting plans and specifications summarized in Item 2; that December C.O.s would also be released; and if Pulte had not properly complied by Thursday of the next week then a stop order would be issued again. CITY COUNCIL SPECIAL REGULAR MEETING, 11/30/95 PAGE 4 RESOLUTIONS: RESOLUTION 141, 1995 Principal Planner Ellington reviewed the staff report dated November 16, 1995 regarding Resolution 141, 1995 - Consideration of Approval for Signage for South Park Center Plat Lots b and 7located within the NorthCorp PCD. Jeff Lis, agent for the Petitioner 3i Implant Innovation, reviewed the signage types and locations acceptable to the City and stated that they were also acceptable to the Petitioner. Mr. Lis stated his understanding of the geotech block issue, which was that if the City Council should approve a reduced Open Space requirement for the PCD in the future that Petitioner could then return before City Council to request conversion of the geotech block to asphalt. Councilwoman Monroe made a motion to approve Resolution 141, 1995, Councilman Clark seconded the motion, which carried by unanimous vote of 4- 0. RESOLUTION 142, 1995 Principal Planner Ellington reviewed the staff report dated November 22, 1995 for Resolution 14Z 1995 - Consideration of Approval for installation of 3 new awnings and replacement of 2 existing awnings at Bistro Zenith located within the Harbor Financial Center. Craig Larson, owner of Bistro Zenith, stated that replacement for an awning that was in disrepair was requested. Mr. Larson stated that the present number of tables was less than previously approved, that there were no outdoor tables, and that he recognized that Code must be followed in regard to outdoor seating. Councilman Clark made a motion to CITY COUNCIL SPECIAL REGULAR MEETING, 11/30/95 PAGE 5 carried by unanimous vote of 4 -0. RESOLUTION 143, 1995 Resolution 143, 1995 — Consideration of Approval of an Interlocal Agreement between the City and the Town of Jupiter re: Abacoa was discussed by the City Council, Councilman Clark requested that Palm Beach Gardens be changed to City on page 3, first line in Item (7). City Manager Herakovich explained that Palm Beach County had proceeded with some traffic adjustments, and that the City still had outstanding issues to discuss with the County; however, those issues did not affect the Town of Jupiter. Councilman Clark made a motion to approve Resolution 143, 1995 with the amendment noted. After it was determined that City Council members were aware of the most recent revisions, motion was seconded by Councilman Jablin and unanimously carried by a vote of 4 -0. TTFMS FOR COTJNCTT. AMOK: LAKE CATHERINE BALLFIELD LIGHTING City Manager Herakovich clarified that the wording in the recommendation for acceptance of a proposal from American Lighting should read to achieve maximum control ofspill and glare, and that the total of $146,178.90 had been budgeted. Councilman Clark made a motion to approve staff's recommendation to accept the proposal from American Lighting for lighting three ballfields for Lake Catherine Park for $146,178.90. Councilwoman Monroe seconded the motion, which carried by unanimous vote of 4 -0. EMERGENCY BURNS ROAD CULVERT REPLACEMENT City Manager Herakovich reviewed the emergency situation caused during the CITY COUNCIL SPECIAL REGULAR MEETING, 11/30/95 PAGE 6 recent flood which caused the culvert across Burns Road at Prosperity Farms Road to fail, and advised the City Council that there was a very high probability of reimbursement of the City's expenditure from FEMA. After discussion, Councilwoman Monroe made a motion to approve the City Manager's recommendation of an expenditure in the amount of $57,158.61 to D.S. Eakins Construction Company for emergency road repair. Councilman Clark seconded the motion, which carried by unanimous vote of 4 -0. ITEMS FOR DISCUSSION: DON OLSON TIRE AND AUTO CENTER Principal Planner Ellington reviewed the staff report, and explained that a Public Hearing would be required. Mr. Bekesh, agent for the Petitioner, reviewed changes which had been made to address concerns previously raised by the City Council. Mr. Bekesh was requested to bring a roof tile sample to the Public Hearing, and that the roof tile be a variation of three orange/brown hues as used in various other shopping centers within the City. A condition was requested that no repair work be done outdoors. Mr. Ellington commented that an exhibit was attached which listed uses allowed within the building. Mr. Bekesh reviewed the proposed architectural enhancements and the landscaping plan. Traffic problems with the timing of the light at Northlake Boulevard and Military Trail were discussed, as well as the heavy ingress and egress at the Military Trail entrance to the shopping center. Tire storage was reviewed. Councilwoman Monroe commented that the only outstanding item was the roof CITY COUNCIL SPECIAL REGULAR MEETING, 11/30/95 PAGE 7 tile. Mr. Bekesh requested that the Public Hearing be scheduled for the first possible meeting. GOALS AND OBJECTIVES City Manager Herakovich reported that City employees had been very busy recently, The City Manager reviewed the list of goals and objectives. The first priority was the new municipal complex, for which marketing, architectural design, and site planning would be needed. The City Manager was requested to provide cost estimates and source of funds. The City Manager reported that the City was almost ready to invite bids for transportation of the modular units donated by Pratt Whitney. Councilwoman Monroe expressed concern regarding spending tax dollars to hire a marketing firm. During ensuing discussion, opinions were expressed that a marketing firm would be needed in order to meet deadlines and to provide the level of expertise that would be needed, but could be directed to utilize volunteers and staff in the best ways possible. City Manager Herakovich listed the second priority item as the Charter Amendment which was scheduled for the March referendum., and explained that civic groups and the City Line Newsletter would be utilized to spread information, in addition to marketing strategies. The City Manager added a subsection to Priority Item 5, Merit System Revision, of Performance Review Revisions, and reported that almost every City job description had been rewritten, and commented that when completed, a booklet containing all job descriptions would be provided to the City Council members. City Manager Herakovich CITY COUNCIL SPECIAL REGULAR MEETING, 11/30/95 PAGE 8 discussed the Blue Ribbon Committee and EAR projects planned for the coming year. Priority Item 6, Municipal Code Revision, was discussed. Organizational Structure issues were reviewed by the City Manager. Other projects discussed included City entrance signs, land acquisition, golf course review, annexation, drainage, beautification, and a 800 MHz communication system. Discussion ensued regarding the problems experienced with The Sanctuary and how the process might be changed in order to be sure compliance was achieved throughout a whole project. It was decided to review work done by employees on a daily basis to determine if present employees could take on more duties or if additional help was needed. After further discussion of the priority order, City Manager Herakovich commented that the list would be finalized and distributed to the City Council members. CITY ATTORNEY City Attorney Baird reported recent developments in a lawsuit against the City. ADJOURNMENT There being no further business to discuss, motion was made by Councilwoman Monroe, seconded by Councilman Clark, and unanimously approved to adjourn the meeting at 10:49 P.M. CITY COUNCIL SPECIAL REGULAR MEETING, 11/30/95 APPROVAL VO'R JOE RUSSO � t arc t(--t ViEE-MAY- OR EAUgN- 4JRTADO 1 e4)UN` ;WOMAN LINDA - NIONRGlE COUNCILMAN fRIOJABLIN COUNCILMAN DAVID CLARK ATTEST: CINDY HARVEY, DEPUTY CITY CLERK PAGE 9