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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 0 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 0 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 0 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 0 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 0 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 0 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