HomeMy WebLinkAboutMinutes Council 112191JANITORIAL
SERVICES Per the recommendation of the City Manager, Councilman
Kiselewski made a motion to award the bid for janitorial
services for the Community Centers and Municipal Co plex.
as opened and read at the 11/7/91 Regular Meeting, to
California Building Maintenance, for $2,842.00 per month
CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
NOVEMBER 21, 1991
The Regular Meeting of the City Council of the City of
Palm Beach Gardens, Florida, was called to order by Mayor
Martino at 8:00 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.
;LOLL CATIL
The Assistant Deputy City Clerk called the roll, and
present were Mayor Martino, Vice Mayor Aldred,
Councilwoman Monroe, Councilman Kiselewski and Councilman
Russo.
ANNOUNCEMENTS
Mayor Martino stated the announcements were as posted on
the City's bulletin boards.
PRESENTATIONS
Mayor Martino presented a Plaque of Appreciation to the
Palm Beach Gardens Police Reserves for 25 years of service
to the City.
Mayor Martino and Councilwoman Monroe i.._a a presentation
to Michael DeRosa for 10 years of service to the City as a
Police Reserve.
CALL FOR BIDS
JANITORIAL
SERVICES Per the recommendation of the City Manager, Councilman
Kiselewski made a motion to award the bid for janitorial
services for the Community Centers and Municipal Co plex.
as opened and read at the 11/7/91 Regular Meeting, to
California Building Maintenance, for $2,842.00 per month
CITY COUNCIL REGULAR MEETING, 11/21/91
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PAGE 2
fcr t.h, rpmaini.ig fiacal year, ($34,104.00 annually) The
money will be taken from Council Contingency. The motion
was seconded by Vice Mayor Aldred, and unanimously
approved by the city Council.
5-TON DIESEL
Per the recommendation of the City Manager, Councilman
Siselewski made a motion to award the bid for the
reconditioned military type 6x6 5 -ton die--el powered
vehicle, as opened and read at the 11/7/91 Regular
Meeting, to Northwest Truck Parts for $24,450.00, with
monies to come from Account #12- 46.40; seconded by vice
Mayor Aldred. The motion was unanimously approved by the
City Council.
M�YORIS AND ITEM
BY MAYOR AND
70II ILA
MAYOR MARTINO
Mayor Martino reported he and Rich Walton attended a
meeting with the Bay Village Homeowner's Association
Monday evening to discuss annexation and invited them to
get in touch with the Planning and Zoning Department, if
interested.
Mayor Martino reported he, Mr. Orr and Mr. Brant attended
the League of Cities Conference in Tallahassee. Mayor
Martino stated the main item was the League's interest re:
bringing taxes to a more local level. Mayor Martino
stated he will distribute a resolution that was passed.
Mayor Martino reported he also met with the Department of
CITY COUNCIL REGULAR MEETING, 11/21/91 PAGE 3
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Cc::unLrlity Affai.x•ss a.'e: Municipal League business and also
some City business, which he will report later under Items
For Discussion.
Mayor Martino stated anyone wishing to participate in the
Holiday Spirit Parade, Saturday, November 23, 1991, should
be at the north entrance to Gardens Mall at 8:30 A.M.
Mayor Martino reported some residents have expressed
concern re: traffic situation at Holly Drive and Palm
Beach Gardens Elementary school. Mayor Martino stated the
Police Department is working diligently to help solve the
problem.
COUNCILMAN
YoLSELEWSKI Councilman Kiselewski reported speaking with Agus'-in
Hernandez, who also serves on the Transportation
Disadvantage Committee, re: opening on the south fence at
the elementary school on Holly Drive, and moving the fence
COUNCILMAN RUSSO
located at the High School on Military Trail further east.
Councilman Russo reported attending the Recreation
Advisory Board Meeting and stated, after conversations
with the YAA, he under the impression there it a
problem with the b�.11fields. Councilman Russo reported
the YAA will be mAking a recommendation to have a study of
the ballfields performed at their expense.
In response to Councilman Russo, the City Manager stated
there is nothing wrong with the ballfields. The City
Manager stated it depends on the playability of the
CITY COUNCIL REGULAR MEETING, 11/21191 PAGE 4
b^L1'.L'fielMv and :aow soon after a rainstorm you want to
play. The City Manager stated he has received as -built
plans for the Lake Catherine ballfields and stated after
review it has been determined they have the proper pitch
to allow for the flow of water off the fields. The City
Manag_i: stated they are dragging the ballfields, removing
the clay anO therefore causing the problem.
Councilwo,nan Monroe was concerned there was a lack of
communication between the Parks and Recreation Department
and whoever is using the fields.
The City Manager stated the City cannot allow the YAA to
use City equipment because of liability concerns.
Councilman Russo felt the City should provide maintenance
for the ballfields on Saturday as children from Palm Beach
Gardens are playing on the YAA leagues.
Councilman Russo stated the City had a sp,.ce analysis
performed that stated the City desperately needed space.
Councilman Russo stated he felt now would be the time to
purchase a building.
In response to Councilman Russo, tiie City Manager stated
the City spent approximately $12,000 for a space study.
The City Manager stated he presented Council with two
proposals for the purchase of the DiVosta building. The
City Manager stated at that point it was recommended the
City consider the Northcorp property. The City Manager
• stated in the meantime he has asked DiVosta to re- evaluate
CITY COUNCIL REGULAR MEETING, 11/21/91 PAGE 5
h` =i building t,aaed on the space study to determine if the
price could be lowered. The City Manager stated plans are
now abandoned, but the question is how much can the City
afford to pay without going out for a bond issue.
Councilman Kiselewski suggested waiting until the tax
rolls are certified to ascertain the amount of funds the
City will receive before making a decision.
COUNCILWOMAN
MONRO -E Councilwoman Monroe requested an update on when the land
development regulations would be scheduled for workshop.
In response to Councilwoman Monroe, Mayor Martino
suggested scheduling the workshop for the first part of
January.
In response to Councilwoman Monroe, Rich Walton stated
there is a draft of the concurrency exemption ordinance.
Councilwoman Monroe suggested scheduling the concurrency
exemption ordinance in December and the development
regulations in January.
Councilwoman Monroe stated the Landscape Master Plan for
the medians in the City was approved approximately 2 - 3
years ago and expressed concern re: approval process of
the landscaping in the Alternate A -1 -A median.
In response to Councilwoman Monroe, the City Manager
stated the landscaping for the median was approved during
the approval process of the shopping center.
Councilwoman Monroe stated she requested snswers from Rich
CITY COUNCIL REGULAR MEETING, 11/21/91 PAGE 6
Walton to quWaa leans re: traffic and water limitations to
future development east of I -95 and the turnpike, and
asked when she might expect these answers.
In response to Councilwoman Monroe, the City Manager
stated Councilwoman Monroe's letter requested more
information than what was put available. The City Manager
stated Administration needed further direction because it
will be very expensive to get the traffic impact analysis.
Councilwoman Monroe questioned when the back of the stop
signs at the Gardens Mall will be changed to reflect stop
signs. Linda Erbacher of the City Manager's office will
contact the Gardens Mall and report back to Council.
Councilwoman Monroe was concerned about the safety of the
tennis courts and was informed by the City Manager that 1
court has been shut down.
Councilwoman Monroe felt the council should have a special
workshop after the first of the year to discuss impact
fees and which ones the City wants to implement.
COUNCILMAN
RT £�EWSRI councilman Kiselewski stated since Military Trail is
almost completed, any landscaping that was destroyed
should be replaced, along with removal of the sign at PGA
and Military.
Councilman Kiselewski stated the Metropolitan Planning
Organization met Thursday morning and received the raw
49 data analysis from the Travel Patterns and Transit Needs
CITY COUNCIL REGULAR MEETING, 11/21/91 PAGE 7
stud; for Palm aeach County. Councilman Kiselewski stated
with the raw data, they will be able to restructure
traffic modals now being used and will be able to get a
better handle on exactly where the traffic is occurring in
the County. Councilman Kiselewski stated he will give the
City Manager the report to review and to pass around to
the council.
Councilman Kiselewski reported the Art Advisory Committee
met and recommended to the City Council approval of art
work for the PGA National Spa valued at approximately
$20,000.
Councilwoman Monroe expressed concern that the intent of
Art in Public Places was to be available to the public.
After further discussion by the Council, the City Attorney
was directed to render a legal opinion on whether the
location of this piece of art work meets the intent of the
Art in Public Places Ordinance.
MUNICIPAL LEAGUE
COMKUNICATIQNS Mayor Martino stated the time frame for the repeal of the
Palm Beach County Countywide Planning Council is z-t hand
and must be done within 30 days of January 1, 1992. Mayor
Martino stated the repeal of Section 7.19 of the Charter
of Palm Beach County was one of the checks and balances
built into the Charter when the Planning Council was put
forth to the voters for consideration. Mayor Martino
• stated some concerns have been raised regarding the
CITY COUNCIL REGULAR MEETING, 11/21/91 PAGE 8
Planning C.rxinc , and in the last year the municipalities
have become more aware of what has transpired. It hac
been determined that the Planning Council has gone far
afield of what the Charter said it should be doing, and
was brought to the Planning Council's attention by the
Municipal League. The Municipal League hired special
counsel to interpret the Charter and how it should be
implemented, and the municipalities were specially
assessed this past year for that effort. Mayor Martino
stated a compromised Land Use Plan has been developed.
After it was endorsed by the Planning council and the
County Commission it was sent to the DCA. Mayor Martino
stated attached to the Municipal League's report is a
sample resolution which will be scheduled for the 12/5/91
meeting for consideration of approval.
Councilwoman Monroe expressed a sincere disappointment
that this point has been reached. Councilwoman Monroe
stated the Planning Council got off to a miserable start
with leadership and interpretat4_ons of what they could do.
Councilwoman Monroe felt there were 2 extremes, with the
County Commission wan'ing to have a stronger group do this
job or the residents voting this down and have nothing.
Councilwoman Monroe stated if we were to go through with
this and exercise our right, along with the necessary
number of other municipalities, how would that affect the
is Board of County Commissioners in the future with their
CITY COUNCIL REGULAR MEETING, 11/21/91 PAGE 9
proposed actic7?
In response to Councilwoman Monroe, Mayor Martino stated
the repeal provision in the Charter is quite clear. It
gives the local govern,nents authority every 5 years to
take this kind of action, if so deemed. Mayor Martino
stated it is not the municipalities nor the Municipal
LeaS.e that is discussing the abolishment of the Planning
Council, it is the County Commission. Mayor Martino
stated it is not the municipalities or the Municipal
League that wants to throw out the compromise that has
been reached, it is the County Commissioners. Mayor
Martino stated it is not the Municipal League or the
® municipalities that cannot live under the rules and
regulations of Article VII as presently constituted, it is
the County Commission. Mayor Martino stated if the
municipalities do not exercise the repeal, the county will
move ahead with their new proposed ordinance.
Councilwoman Monroe felt if Article VII is repealed, the
municipalities could end up with something stronger and
did not feel she could support the abolishment.
Vice Mayor Aldred stated given the position the County has
put the municipalities and the residents of Palm Beach
County in, he believed the better course of action is to
say let us abolish the Planning Council and if the County
Commission wants to create something else they will have
• to convince the people that it is the correct thing to do.
CITY COUNCIL REGULAR MEETING, 11/21/91 PAGE 10
Councilmar Y4*Plew6ki made a motion to authorize Mayor
Martino to write a letter to the mayors of the Palm Beach
County municipalities indicating the intent of this City
Council to vote to repeal Article VIT at the December 5,
1991 Regular Meeting, unless by December 1, 1991, the
County Commission publicly refutes its intention to
eroceed, seconded by Vice Mayor Aldred. The motion was
approved by a vote of 4 ayes and 1 nay. The nay vote was
cast by Councilwoman Monroe for reasons previously stated.
CONSENT AGENDA
Councilwoman Monroe requested the Minutes of the Regular
Meeting of 11/7/91 be amended on page 5, next to last
line, by adding "and posted notices" after "ordinance ".
Councilman Kiselewski made a motion to adopt the following
items on the Consent Agenda, as amended, seconded by
Councilwoman Monroe:
1. Approval of Minutes -of Regi.lar Meeting of 11/7/91.
2. Resolution 107, 1991 - YMCA Time Extension.
Councilman Russo abstained from voting on the minutes of
11/7/91, as he was not in attendance at the meeting. The
Consent Agenda, as amended, was adopted by a vote of 4
ayes and 1 abstention.
RESOLUTIONS
RESOLUTION
104, 1991
Rich Walton, Director of Planning and Zoning, addressed
the City Council regarding the proposed PUD for Parcel M-
29A within the PGA National Community District. Mr.
0
Walton stated the request is for the construction of 161
CITY COUNCIL REGULAR MEETING, 11/21/91 PAGE 11
zero -lot -line anti ;tc, *ached villa residential units. Mr.
Walton stated a .17 acre recreational area consisting of a
pool and restroom facilities is also proposed. Mr. Walton
stated per Resolution 345, 1990, parcels M -29, M -30 and M-
31B are required to provide recreation amenities totaling
two acres. Mr. Walton stated M -29A is situated south of
Gene'al Drive which will extend through the parcel. M-
29A was originally approved as a 30.84± acre tract,
allowing for 462 dwelling units with a total density of
14.98 dwelling units per acre. The proposal for 161
dwelling units on Parcel M -29A (22.933 acres) will yield a
total density of 7.02 dwelling units per acre. Mr. Walton
stated the proposal is for both zero -lot -line and attached
villa and, in addition to the two housing products, Lots
88 and 107 will have an "attached villa prototype ". These
lots will actually serve as a zero lot line unit rather
than an attached villa. Mr. Walton stated Lot 68 will
have two 8 -foot side yard setbacks rather than one zero
side. Mr. Walton stated the petitioner proposes to
construct 77 one- and two -story zero - lot -line ur.4ts around
the perimeter of the development. Mr. Walton stated the
typical lot size for the zero - lot -line unit is 45' x 881,
having a minimum lot area of 3,960 square feet. Mr.
Walton stated the petitioner is proposing to construct 84,
one- and two -story attached villas within the interior of
the tract. Mr. Walton stated the typical lot size for the
CITY COUNCIL REGULAR MEETING, 11/21/91 PAGE 12
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013a is 42' f; !'P, having a minimum lot area of 3,570
square feet. Mr. Walton stated the most intensive single -
family residential district by straight zoning is RS -4,
which has a minimum lot area of 6,500, with a minimum lot
width of 651. Mr. Walton stated the petitioner has
received preliminary approval of the architectural and
lt.idscape plans by the PGA Architectural Review Committee.
Mr. Walton Stated the Petitioner is proposing a 384 right -
of -way, with a 4 foot sidewalk for the interior roads
within the residential tract. Mr. Walton stated the City
Engineer, David Getz, recommends that a 5' sidewalk be
required in order to be in compliance with the
requirements set forth in the City's "Minimum Engineering
Guidelines for R.O.W. Allocations and Setbacks for Planned
Developments ". Mr. Walton stated the Planni *.s and Zoning
commission recommended approval of this petition to City
Council with the 4' sidewalk. The Planning and Zoning
Commission agreed with staff re: location of the sidewalk
and recommended that the sidewalk, be constructed on the
same side as the recreation area for batter a -cess. The
Petitioner has agreed to that condition. Mr. Walton
stated a 60' right of way with a 5 foot sidewalk is being
proposed for the General Drive extension, and staff had
recommended the 5' sidewalk continue east to the Avenue of
the Masters. Mr. :7alton stated the sidewalk is now
proposed to stop at the proposed guardgate. Mr. Walton
CITY COUNCIL REGULAR MEETING, 11/21/91 PAGE 13
stated the arrd Zoning Commission split, 2 to 2 on
the vote, for a condition requiring the sidewalk to
continue east to the Avenue of the Masters. Mr. Walton
stated there is a separate resolution for the unmanned
gate system with a remote control lift arm. Mr.. Walton
stated Dick Beck of Waste Management expressed concern
over the lengths of the proposed access tracts. Mr.
Walton stated the petitioner agreed to require. the
Homeowner's Association to provide the "Back Boor
services" offered by waste Management for lots along the
two access tracts (Lots 4, 5, 6, 7, 8, 155, 156 and 157).
Mr. Walton stated petitioner agreed to include this
requirement in the Homeowners Documents. Mr. Walton
stated the Building Official, Jack Hanson, has reviewed
the drawing and documents and recommended that the deed
restrictions and covenants contain clear language for the
access, maintenance or replacement of the physical
elements, such as the screen enclosures of the 6' stucco
wall, which may be held in common by two or more parties.
Mr. Walton stated the Fire and Police Departments have
reviewed the petition and have no concerns. City
Forester, Mark Hendrickson, recommended approval of the
petition with conditions, which were made part of the
Planning and Zoning commissions' recommendation. Mr.
Walton stated the Planning and Zoning Commission
® recommended approval of this petition including 8
5 i
CITY COUNCIL REGULAR MEETING, 11/21/41 PAGE 14
conditions.
Councilman Kiselewski questioned the validity of including
in the homeowner's documents a condition which states the
development must have back door pickup when it regulates
how another company works.
In response to Councilman Kiselewski, Mr. Walton stated
that was a problem which needed to be addressed, and the
solution was recommended by the Petitioner and recommended
to the Council by the Planning and Zoning Commission.
In response to Councilman Kiselewski, Mr. Walton stated
the density of Villa D'Este is 8.66, Prestwick Chase is
7.6, Legends is 7.46, and Bristol Club is 7.15.
® In response to Councilman Kiselewski, Mr. Walton stated
there was some concern with the Fire Department regarding
the parking situation. Mr. Walton stated each unit has a
2 car garage and 2 spaces.adjacent, with the rest of the
parking on the street.
In response to Councilwoman Monroe's question regarding
the DRI condition which triggers the next improvements to
Northlake Boulevard, Mr. Walton stated they aye getting
close, however the City Manager does have a Master Bond
covering on -site and off -site improvements. Mr. Walton
stated the condition in the PCD stated when they got to
the platting of the units in Phase III they would need to
provide funding. I -fr. Walton stated that, assuming that
® everything that has been approved through PUD's were
CITY COUNCIL REGULAR MEETING, 11/21/01 PAGE 15
platted, which Lhty are not, somewhere in the middle of
this project they would be breaking the threshold into
Phase III.
Councilwoman Monroe stated staff needs to be very careful
in terms of platting numbers.
Councilwoman Monroe requested the City Attorney verify
whetner the Master Bond meets the intent of the condition.
Hank Skokowski, agent for PGA National Venture, Ltd.,
addressed the City Council stating the range for the patio
homes are 1,480 square feet to 2,400 square feet. Mr.
f
Skokowski stated the range for the attached villas is
1,267 square feet to 2,100 square feet. Mr. Skokowski
®
stated the higher density is in part due to the
combination of the two products. Mr. Skokowski stated the
price range for the interior attached villas is from
$120,000 to $180,000. Mr. Skokowski stated the zero -lot-
line single - family home, depending on location, could
start at $180,000 to $220,000. Mr. Skokowski stated they
have kept track of the progress of PGA National relative
to the original approval of 6,900 units. Mr. Skokowski
stated with this Approval, 5,132 represents the number of
units approved, avid 5,098 dwelling units represents the
number established for some time as the Phase III trigger.
Mr. Skokowski stated he spoke with Mr. Sansbury and he
indicated that the design work for all of Northlake
Boulevard, from Military Trail to the Beeline Highway, has
CITY COUNCIL REGULAR MEETING, 11/21/91 PAGE 16
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bt:cn complot-d and out to bid and are expected by December
13th. Mr. Skokowski stated when the bids are received,
there arc 5 parties that will enter into an agreement as
to how the funding will be split up for that section of
roadway. Mr. Skokowski stated the 5 parties are PGA
National Venture, Ltd., Ibis, City of Palm Beach Gardens,
Palm Beach County and Northern Palm Beach County Water
control District. Mr. Skokowski stated the direct
responsibility of FGA National will be from the entrance
off Ryder Cup Boulevard to the Turnpike. Mr. Skokowski
stated tha This Golf and Country club will be west of the
Ryder Cup Boulevard entrance.
Mr. Skokowski stated the City will receive a copy of the
Homeowners Documents which states the Association shall
arrange as a common expense of the Association for
garbage, trash and recyclables for the excepted lots to be
picked up and placed in the right -of -way most closely
located to the main loop road. Mr. Skokowski stated the
obligation to provide the service will be the obligation
of the Association.
Councilman Kiselewski expressed concern with the placement
of garbage, trash and recycling in tront of another
homeowner for pickup.
Councilman Russo expressed concern with the interior
layout of the project.
Is In response to Councilman Russo, Mr. Skokowski explained
CITY COUNCIL REGULAR MEETING, 11/21/91 PAGE 17
there is a cuurtya,.•d view, which contains the garage
entrance and parking, and a street view.
In response to Councilwoman Monroe, Mr. Skokowski stated
there was 62' between garage and garage with the
courtyard.
In response to Councilwoman Monroe, Mr. Skokowski stated
guest parking is not provided.
In response to Councilman Kiselewski, Mr. Skokowski stated
the roads are 20' wide plus 2' of valley gutter on either
side.
There was a consensus of the City Council for the
Petitioner to address the trash pickup area and the
® parking situation on a 221 street before the next Council
meeting.
Mayor Martino requested a condition is the Resolution, if
they are going to use the -back door pickup, that this is
the way it is today and the condition applies to any
successors and assigns.
Councilman Kiselewski requested Mr. Skokowski forward
blueline drawings to him for review.
Councilwoman Monroe requested a drawing of the garbage
pickup areas be forwarded to her.
Councilwoman Monroe requested Condition #6 in Resolution
104, 1991, be omitted and that Section 2. be deleted and
added as a condition, with remaining conditions renumbered
accordingly.
CITY COUNCIL REGULAR MEETING, 11/21/51 PAGE 18
A
RESOLUTION
108. 1991 inch Walton, Director of Planning and Zoning, addressed
the City council regarding Resolution 108, 1991, approving
the construction And use of an unmanned entrance gate with
a remote control lift arm at the General Drive extension
located approximately 5001 east of the proposed PGA Parcel
M -29A development. Mr. Walton stated the development of
M -29A will include the extension of General Drive to the
west to connect with Championship Drive. Mr. Walton
stated the petitioner stated the standard PGA National
directional signage will be erected approaching the
proposed system stating "residents only" and "visitors use
Championship Drive ". Mr. Walton stated the City Engineer,
Building Official ,lack Hanson, and Dick Beck of Waste
Management have reviewed the detailed drawings and
expressed no concerns. Assistant Fire Marshal, Scott
Fetterman has no Concern with the request, however,
recommended that dome type of emergency access system be
provided to allow emergency vehicles to gain entry in the
event of an emergency. The Petitioner nas agreed to
install a Knox Box key switch system to allow emergency
vehicles to access the site when necessary. Mr. Walton
stated the new gate system is expected to be operational
by the Fall of 1992 when the first homebuyer moves in.
Staff was concerned that if the gate system is operations,
40 during construction of the planned unit development,
CITY COUNCIL REGULAR MEETING, 11/21/91 PAGE 19
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rl•�lnLinucus damage to the arm of the gate could occur.
In response to Councilman Kiselewski, Mr. Skokowski stated
the north gate will be an unmanned gate system and,
strictly for the purposes of security, will be a resident
operated gate only. There will be no service vehicles or
guest access and no one will be able to leave by that gate
unless they are a resident.
There was a consensus of the City Council to delay
approval of this Resolution until the 12/5/91 Regular
meeting.
RESOLUTION
106, 199.1 Rich Walton, Director of Planning and Zoning, addressed
the City council regarding Resolution 106, 1991,
requesting site plan approval to allow the demolition of
the existing 79,325 square foot former Ames department
store and the construction of a 54,271 square foot Publix
supermarket. Mr. Walton stated the 171,540 square foot
project was originally approved by the Site Plan and
Appearance Review Committee in 1985 and the Shoney's
restaurant out - parcel is not included in the proposed
modifications. Mr. Walton stated the agent is requesting
site plan approval to allow the construction of a 1,000
square foot storage building and a 4,482 square foot
retail store as part of the existing shopping center. Mr.
Walton stated the proposed modification will create a net
decrease to the present shopping center of 18,337 square
CITY COUNCIL REGULAR MEETING, 11/21191 PAGE 20
f---It. Mr, Walton stated the Publix building will be
painted a bleachled bone color and will have a tile accent
band and a Spanish S -tile roof. Mr. Walton stated the
sloped metal roofing on the remainder of the shopping
center will be removed and replaced with the Spanish S-
tile. Mr. Walton stated the agent is proposing a 4' roof
mounted Publix sign with green letters, however, per
Resolution 98, 1987, adopted by the City Council on
November 5, 1987, the color coordination permitted for the
shopping center were to be a uniform shade of brown, red
and white or a combination could consist of two colors.
Mr. Walton stated the petitioner is also proposing an
®
illuminated cabinet Publix sign on the existing ground
sign and has verbally indicated that this sign will also
have green letters. Building Official Jack hanson has
indicated that the proposed signage complies with the
current Sign Code, however the existing ground sign does
not comply with the present Sign Code. Mr. Hanson stated
that the ground sign is allowed to remain per Section
155.04 of the City's Code of Ordinances. The petitioner
is not proposing any modifications to the existing tenant
signs. Mr. Walton stated the petitioner is proposing
parking in excess of 5 spaces per 1,000 feet, but less
than 5.5 space per 1,000 feet. Mr. Walton stated the
Planning and Zoning Commission recommended approval of
this petition without the requirement of additional spaces
CITY COUNCIL REGULAR MEETING, 11/21/91 PAGE 21
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4.n the rear �)LL the center. Mr. Walton stated the parking
space dimensions are 9' x 1s' and the petitioner has
revised the site plan to note that the spaces will be
double striped. Mr. Walton stated the City Attorney has
provided a written determination on the applicability of
the Art in Public Places ordinance to this project. Mr.
Walton stated the City Forester has indicated he does not
have any problems with the proposed landscaping plan,
except for the replacement of any dead landscaping
currently existing on the site and the petitioner has
agreed to this condition. Mr. Walton stated the City
Engineer has reviewed the site plan for drainage and
is traffic and has found them to be in compliance. Mr.
Walton stated the Police Department has requested the
following: shopping cart corrals be placed within the
parking lot outside the proposed supermarket, DOT signage
be used within the shopping center parking lot and more
lights be placed within the parking lot. Mr. Walton
stated the petitioner has provided a lighting plan and has
verbally indicated that it will use DOT approvad signage
within the shopping center. Mr. Walton stated the
Planning and Zoning Commission did not recommend the
requirement of shopping cart corrals, however, did
condition that the Police Department's other
recommendations be included. Mr. Walton stated at the
October 22nd Planning and Zoning Commission meeting, staff
CITY COUNCIL REGULAR MEETING, 11/21%91 PAGE 22
addressed the .:eed for the petitioner to consider
providing vehicular access to the shopping center for the
County residents and the County was to provide language
for that, however the Planning and Zoning Commission did
not make it part of the recommendation to City Council.
Councilman Kiselhwski expressed concern re: shopping cart
corrals as Publix does not allow customers to remove the
carts from the store.
Councilwoman Monroe offered a condition to replace the
shopping cart corrals, as follows: "Any business located
in No. shall not permit customers to remove them
from the place of business."
® After discussion by the City Council, there was a
consensus to strike Condition No. 1; strike the last
sentence in Condition No. 2; strike Condition No. 3; and,
renumber conditions accordingly.
After further discussion by the City Council, there was a
consensus for the cabinet sign on Northlake Boulevard to
have a white background with green lettering, however,
Publix will be given the opportunity to either gave white
or green lettering on the roof - mounted sign. There was a
consensus of the City Council for the landscape plan to
show alternative planting should the approved choices be
unavailable.
Andrew Brock, petitioner, addressed the City Council
regarding the City Attorney's letter addressing the Art In
CITY COUNCIL REGULAR MEETING, 11/21/91 PAGE 23
Pt ;blic Places 4iaoussion on 10/17/91.
In response tolMr. Brock, the City Attorney explained the
City Code regarding Art In Public Places and stated that
it was his opinion that the City Council did not retain
the right to waive the fee.
Councilman Kiselewski suggested Mr. Brock and Mr. Brant
discuss Mr. Brant's opinion before the next City Council
meeting.
Mr. Brock stated if the City Council agrees with Mr.
Brant's opinion that no compromise can be made, he will
have to make modifications to the plan as submitted, as
they cannot afford to pay the Art in Public Places fee and
proceed with the proposed landscaping, Spanish s -tile and
the removal of the standing metal seam.
Councilwoman Monroe made a motion that the City Council
direct staff to come up with a very tightly worded
amendment to the Art in Public Places ordinance that would
address this type of situation to deal with something that
is going to be a major improvement to the City under this
type of circumstance, seconded by Councilman Russo.
Councilman Russo made a substitute motion that the City
Council in its sole discretion may waive this art impact,
art fee, if in fact, and only if, a building is being
replaced with another building of similar square footage
or lesser square footage to the overall parcel and there
® is no increase in square footage to the site itself.
CITY COUNCIL REGULAR MEETING, 11/21/91 PAGE 24
0
--The motion died cue to the lack of a second.
Vice Mayor Aldred made a substitute motion to repeal the
Art in Public Places Ordinance, seconded by Councilwoman
Monroe.
Mayor Martino stated the petitioners knew what was
required when application was made and this fee is not a
surprise. Mayor Martino stated recently Loehmann's Plaza
came before the City Council in the same situation and
they complied with the Art in Public Places Ordinance.
Mayor Martino stated he objected to the pressure the
petitioners are putting on the Council. Mayor Martino
stated the petitioner had a choice of backing away from
® the project, or wait for the Council to consider an
amendment to the Art in Public Places Ordinance.
Mayor Martino called for a vote on the motion on the
floor. The motion was defeated by a vote of three nays
and two ayes. N�ayor Martino, Councilman Kiselewski and
Councilman Russo cast the nay votes.
Councilwoman Monroe restated her original motion to direct
staff to prepare an ordinance that would amend the Art �n
Public places Ordinance to offer the City Council an
option of waiving the fee if a redevelopment activity was
brought to the City Council which would create no more
impact, the same or less impact, while at the same time
improving landscaping and /or architectural features, at
its option; seconded by Councilman Russo. The motion was
CITY COUNCIL REGULAR MEETING, 11/21/51 PAGE 25
0
unanimou.,ly approved by the City Council.
Mayor Martino informed Mr. Brock that his petition in
front of the City Council is for a site plan change based
on what has been ,put into the record. Mr. Brock has
objected to the Art in Public Places fee, he has seen the
City Council's latest instruction to staff and Mayor
Martino believed the future of the petition was now Mr.
Brock's decision. Mayor Martino stated he is going to
instruct staff to proceed with the site plan and the
changes discussed tonight, reschedule it for a meeting
that is subsequent to or on the evening of the second
reading of that plarticular ordinance to be drafted.
S FOR
Di- "USSION
GARDENS EAST
a .U.D. Rich Walton, Director of Planning and Zoning, addressed
the City Council re: colors being used at Gardens East
Apartment PUD, stating he has drawings of what colors were
being used. Mr. Walton stated the petitioners have
replaced 3 colors with toned down colors. Mr. Walton
stated they proposed everything remain the same except for
those 3 colors, replacing the bright yellow gold, the
bright green and the bright aqua.
Councilman KiseleWski stated he felt the new color changes
were great.
Ted Davis, architect for the Gardens East project,
® addressed the City Council stating the original concept
CITY COUNCIL REGULAR MEETING, 11/21/91 PAGE 26
0
`or the 16 plax a,-,a E plex buildings was to create a
townhouse look down a treelined street with a variety of
colors to accent. Mr. Davis distributed to the City
Council a package titled Color Review and explained the
colors originally selected, actually used and the new
proposed colors.
Councilwoman Monroe stated she did not like the Magellan
color referenced on the 16 plex.
Mr. Davis agreed to soften the Magellan color.
There was a consensus of the City Council to prepare a
resolution for the consent agenda for the regular meeting
of 12/5/91 with'Carotene, Sugar Pine, Khaki, Icicle, Cape
Cod Blue and a softened Magellan for the 16 plex building.
The colors for the 8 plex buildings are to be Icicle, Cape
Cod Blue, Khaki, Carotene, Sugar Pine, and Tand Loyer.
ADOPTION OF CONPRE-
AN
PROPERTYI Rich Walton, Director of Planning and Zoning, addressed
the City Council regarding the adoption of the
Comprehensive Land Use Plan Amendment f91 -2 (Foundation -
University Site). Mr. Walton stated when the City adopted
the Comprehensive Pldn in 1990, there was policy statement
that the City of Palm Beach Gardens wanted to have a
university within the City. Mr. Walton stated when the
City started to prepare a proposed Comprehensive Land Use
iPlan Amendment, there was some givens /assumptions which
CITY COUNCIL REGULAR MEETING, 11/21/91 PAGE 27
W-z-e not modified, i.e., the FAU site, State Road 7
alignment, Donald Ross alignment, and the area for the
golf course. Mr.' Walton stated the City transmitted the
Amendments, which were only a start to the process. Mr.
Walton stated the agencies stated they would wait until
the amendment was transmitted to comment. Mr. Walton
stated DCA compiled the ORC report which was received a
couple of weeks algo. Mr. Walton stated the general tone
of the comments Were asking for additional data and
information on the environment, traffic and water and
sewer. Mr. Walton stated the other plan came about when
staff sat down with Dan Cary. Mr. Walton stated the
presentation did not go very far because of procedural
problems raised by the County Commissioners. The first
plan was the only one officially reviewed and commented on
by all agencies. Mr. Walton briefly reviewed the new plan
for the Council. Mr. Walton stated staff is currently
working with the property owner to obtain the data and
related information requested by the DCA, however general
direction from the City Council is required cn I.ow to
proceed with the ,proposal. Mr. Walton stated staff is
recommending advertising a public hearing for 12/19/91,
which will comply with the 60 day requirement.
There was a consensus of the City Council to schedule a
Workshop on the Comprehensive Land Use Plan as soon as
sufficient data is available to answer questions and
concerns raised by the various agencies.
CITY COUNCIL REGULAR MEETING, 11/21y91 PAGE
,�DJQURNMENT TI-ere beiiig no f6rLher business to discuss, the meeting
APPROVAL
J
was adjourned at 1:07.
MAYOR MARTINO
VICF ' 4AYOR ALDRED
l
ASSISTANT DEPUTY CITY CLERK
,COUNCILWOMAN MONROE
. wit
CodNti KISELEWSKI
Cot*- CI MN USSO
bl
28