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HomeMy WebLinkAboutMinutes Council 022092CITY COUNCIL _ REGULAR MEETING CITY OF PALM BEACH GARDENS FEBRUARY 20, 1992 The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Vice Mayor Dick Aldred 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. ROLL CALL The City Clerk called the roll, and present were Vice Mayor ANNOUNCEMENTS CALL FOR BIDS Aldred, Councilwoman Monroe, and Councilman Russo. Mayor Martino and Councilman Kiselewski were not in attendance as they were out of town. Vice Mayor Aldred stated the announcements are as posted on the City's bulletin boards. Tennis Courts The City Manager stated that after review of bids and infor- mation available on the Hydrogrid System, his recommendation was to resurface the 4 easterly tennis courts with asphalt and construct 4 Hydrogrid courts on the western tennis courts. The City Manager stated that $70,000 would come from the Recreation budget and the additional $18,350 + costs for filling the depressions would come from Council Contingency. The City Manager recommended that the bid be awarded to Gator Court Contractors Inc. of Boca Raton, Florida. The City Council discussed concerns re. lack of historical maintenance data regarding the Hydrogrid Systems. CITY COUNCIL REGULAR MEETING, 2/20/92 PAGE 2 The City Council discussed the advantages of the different systems, including hydrogrid, calcap and asphalt. Tennis Pro Brenda Engle was directed to copy the City Council with infor- mation she had regarding maintenance history of hydrogrid courts throughout the country. Councilman Russo made a motion to award the bid for the re- surfacing of the 4 easterly courts with asphalt, with monies to be taken from the Recreation Account and tabled awarding of the bid for the 4 westerly courts until the next Regular Meeting of the City Council, allowing time for additional in- formation regarding the maintenance of the hydro -grid system; seconded by Councilwoman Monroe. Motion was unanimously approved by the City Council. Contamination Assessment Report Bids The City Manager opened and read the following bids received for the Contamination Assessment Report, as advertised 2/5/92: Augman and Associations, West Palm Beach - Preliminary $2000 Baslin, Boch & Lee, Boca Raton - $14,945 Dejan Environmental Services, West Palm Beach - $19,775 Atec Associates, Inc., Miami - $11,980 Professional Services industrial, Inc., West Palm Beach - $14,493 Cherokee Ground Water Consultants, Jupiter - $18,053.60 Environmental Consultant Services, Lake Worth - $4 -8,000 Alternate - $16,269 Miller Inc. Environmental Services, PBG - $13,495 Per a motion by Councilman Russo, seconded by Councilwoman Monroe, and unanimously approved by the City Council, the CITY COUNCIL REGULAR MEETING, 2/20/92 ITEMS BY THE CITY MANAGER PAGE 3 bids were remanded to the City Manager, Peter Bergel and Public Works for review and recommendation. Resident Letter The City Manager stated he gave each member of the City Council a copy of a proposed letter to be sent to the residents of the City re: Palm Beach County Charter Amendment proposed to be placed on the March 10 ballot. Councilman Russo felt the letter needed to be more diplomatic. Councilwoman Monroe felt the letter was a bit exagerated. Per a concensus of the City Council the City Manager was directed to rewrite the letter for discussion at the end of the agenda. cohol Policy The City Manager stated he needed clarification on the City's Alcohol Policy so the City could hold the Battle of the Wings event. The City Manager stated that he has contacted the insurance companies and stated that the City would be added as additional insured by the purveyor and take out additional insurance to cover the City. Councilman Russo made a motion, seconded by Councilwoman Monroe to approve the recommendation of the City Manager that all future alcohol permits be approved by the City Manager's office and ensure the City is named as an additional insured, coordinating with police officers for events and other safe- guards involved in allowing alcohol in the City's parks. Motion was unanimously approved by the City Council. CITY COUNCIL REGULAR MEETING, 2/20/92 PAGE 4 Gibson Road The City Manager stated that the County conveyed Gibson Road from the Hunt Club to Ballen Isles property to the City. The County indicated that they had promised 7 residents that they could divide that property in equal shares and be deeded over to them. The City had a problem with that because we have a PUD, and consequently had understood that the property would be given to the Homeowners Association and used for a local park by the homeowners. The County has asked that the City give the portion from the road entrance to the Ballen Isles property back to the County and they will make the decision what happens to the property, taking the City out of the middle. The City Manager recommended the property be deeded back to the County. Councilman Russo made a motion, based on the recommendation of the City Manager, to deed this property back to the County, seconded by Councilwoman Monroe. Motion was unanimously approved by the City Council. The City Manager stated the City Attorney will prepare a resolution regarding this item for the next City Council meeting. Gardens Square Shops The City Manager discussed the Gardens Square Shops buffer strip. The City Manager stated that this was brought about by the necessity to expand the intersection of PGA Boulevard and Military Trail. In order to make this intersection work like it should they will need to take the landscape CITY COUNCIL REGULAR MEETING, 2/20/92 PAGE 5 strip of the Gardens Square shopping Center, which consists of hedges and trees, and remove this strip along with approximately 2 feet of parking space out of the 10'x 20' spaces. The City Manager stated that since this was a PUD it could be done by resolution, on an emergency basis. It was also pointed out that there is funding from the DRI from the Gardens Mall Shopping Center and also from the Foundation, however, the County has additional funding as well as does the DOT. Mr. Charles Hathaway of DiVosta and Company addressed the City Council stating DiVosta would like to work with all parties involved. Mr. Hathaway pointed out that the 10' x 20' parking spaces are a condition in the Publix lease. Amy Harris of Palm Beach County Engineering stated the plans are pretty much complete and most of the permitting processes have received approval. The last step is acquiring the right -of -way necessary to complete this project. Throughout various discussions with the property owner and the City the County has decided to back away from the right turn lane on the north approach in an effort to maintain the existing large landscaping buffer and because of this the only property the County does need to take from this parcel is a small strip approximately five to seven feet in width. Mrs. Harris CITY COUNCIL REGULAR MEETING, 2120192 PAGE 6 stated that the County has gotten this project down to the very minimum width, which is 36 foot of pavement on the departure side (3 westbound lanes), a 4 foot median which is the absolute minimum. Mrs. Harris stated that if the County takes the 20' parking space that exist there today and as part of the construction or as part of compensating the DiVosta Company for improvements to their property, the County could take the curb and pull it back 2 feet, still giving them 18' parking instead of 201, buying an additional 2 foot of right -of -way with an addtional one foot of grass strip that would have been remaining anyway. Mrs. Harris stated that technically it would be 2 -1/2 feet because of the height of the top of the curb which is 6 inches. This would allow for a 2 -1/2 foot grass strip and 6 foot of sidewalk. Mrs. Harris stated she would like to take forward with DiVosta as the County's settlement of the acquisition of the property, however, prior to DiVosta being able to settle with the County they were seeking comments from the City Council regarding the variance. The City Council directed Mr. Hathaway to work with plans to determine if there was any way to have at least an additional 4 foot of landscaping. Councilwoman Monroe stated that the parking isles that run perpendicular to PGA Boulevard have a total of 8 spaces between the shopping center parking strip `TY COUNCIL REGULAR MEETING, 2120192 REPORTS AND ITEMS BY MAYOR AND CITY COUNCIL PAGE 7 on the south side. Councilwoman Monroe stated that if you were to decrease those spaces to 9 -1/2' and move those planting islands on the end of those rows, you would obtain 4 -5 feet. Mr. Hathaway stated they would review the parking and consider suggestions made by the City Council. Councilman Russo In response to Councilman Russo, the City Manager stated that the police department will respond with InterCity to sick calls and the fire department will respond, along with police and InterCity to emergency calls. tbNSENT AGENDA Councilman Russo made a motion, seconded by Councilwoman Monroe to approve the following items on the Consent Agenda: 1. Approval of Minutes of Regular Meeting of 2/6/92 2. Resolution 12, 1992 - Expressing opposition to Solid Waste Authority re: volume based system considered being imple- mented with researching other alternatives. The motion was unanimously approved by the City Council. PUBLIC HEARINGS Ordinance 6 Vice Mayor Aldred declared the Public Hearing open, which was 1992 duly advertised 2/15/92 and held on the intent of Ordinance 6, 1992, rezoning lands from PDA to PUD with a site plan approval for a 26,839 s. f . theater and exhibition hall located west of Campus Drive. Dr. Eissey of Palm Beach Community College addressed the City -TY COUNCIL REGULAR MEETING, 2/20/92 PAGE 8 Council regarding provisions of the ordinance, and the City Council directed the following amendments be made: Section 2., 11, Change all dates to 2/19/92; Section 2., #5, Change all dates to 2/19/92; Section 2., #7, Change all dates to 2/19/92; Section 2., #8, Change all dates to 2/19/92; Section 2., #12, Change all dates to 2/19/92; Section 3., #4, Insert 1190" in blank; Section 3., #5, Insert 1190" in blank; Section 3., #13, eliminate and renumber remaining conditions; Section 3., #15 (now #14) add "except for safety and security or as required by law. Dr. Eissey questioned whether the sign for the center would have to read "The Palm Beach Community College Performing Arts Center" as outlined in the Ordinance, stating that the building may be named after a specific donor. Vice Mayor Aldred stated that in the plat of the County it would be recorded as "The Palm Beach Community College Performing Arts Center ", however, any signage would have to come back to City Council for approval. In response to the City Manager, Dr. Eissey stated the building would be used as an auditorium, for performances, a center, an educational facility, will be utilized by the community - all rolled into one facility. Dr. Eissey stated that primarily it will be used as an educational facility for use by the drama students, however, the City may want to bring in some type of concert and will be used for light opera, etc. Dr. Eissey stated the facility would not be used for sports, will not contain a gymnasium and will have fixed seating. CITY COUNCIL REGULAR MEETING, 2/20/92 PAGE 9 There being no further amendments Vice Mayor Aldred requested comments from the public. Ms. Audrey Wolf, Director of Facilities for Palm Beach County addressed the City Council stating she was here on behalf of the County Commissioners, the adjoining property owner. Ms. Wolf stated the college is proposing the County do the work on the extension of Fairchild Avenue in exchange for the land required to in Section 3., Item # 3a. Ms. Wolf stated that at this time the County has not agreed to do this, and it is staff's recommendation that the County Commission not agree to this request. There being no comments from the public, Vice Mayor Aldred declared the Public Hearing closed. Councilman Russo made a motion to read Ordinance 6, 1992, noting all amendments, by title only, on second and final reading. Councilwoman Monroe stated she will vote in favor of this Ordinance, however, reiterated that she voted against the donation of the land because she felt that everyone in north county would have similar use of this facility while the City is giving much more. Councilwoman Monroe stated she hoped the facility would turn out well and that there would be a strong effort to bring in evening performances. Councilman Russo stated he too hoped that the events CITY COUNCIL REGULAR MEETING, 2/20/92 PAGE 10 would come to this center. Councilman Russo also reminded Dr. Eissey that it was agreed that while other cities would have to pay for the use of the facility, the City of Palm Beach Gardens would only have to pay for the utilities. Councilman Russo made a motion, seconded by Councilwoman Monroe, to adopt Ordinance 6, 1992, as amended. Ordinance 6, 1992, was unanimously adopted by the City Council. In response to the City Council, Attorney Brant stated he is holding the deed in escrow for the acreage the City has agreed to donate, subject to three conditions: (1) a deed exist from MacArthur Foundation conveying the other 5 acres (a copy has been provided); (2) financial ability to draw the monies (letter from the comptroller of college received). Mr. Brant read the letter into the record (copy attached to minutes). Mr. Brant stated the third condition was that permitting be completed by 3/3/92. The Council agreed that if Attorney Brant determined that the conditions have been met satisfactorily, the deed can be delivered. Dr. Eissey stated he would fax information to the City as evidence that the money is set aside for the facility. Resolution 11 1992 Vice Mayor Aldred stated the City has received a letter from the Petitioner for Resolution 11, 1992, minor amendment to Loehmann's Plaza PUD created by Ordinance 14, 1991, re: CITY COUNCIL REGULAR MEETING, 2/20/92 PAGE 11 signage, to postpone his request until the next meeting of the City Council. Resolution 13, 1992 Richard Walton, Director of Planning and Zoning, addressed the City Council re: Resolution 13, 1992, minor amendment to The Masters PUD, Tract M -30, A,B,C, PGA National, created by Resolution 115, 1990, re: pool /screen setback reduction. Mr. Walton stated that staff had no concerns with the requested amendment, stating it is similar to requests the Council had considered in the past for PGA National. Mr. Walton stated that the Northern Palm Beach County Water Control District had 2 conditions. City Council directed Resolution 13, 1992, be amended as follows: Add Section 2: "The following restrictions shall apply:" - as listed in the staff report, and renumber the remaining sections. Councilman Russo made a motion, seconded by Councilwoman Monroe, to approve Resolution 13, 1992, as amended. Resolution 13, 1992, was unanimously approved by City Council. ITEMS FOR DISCUSSION Gardens Medical Park Richard Walton, Director of Planning and Zoning, addressed the City Council re: request for an extension of time for completion of Gardens Medical Park PUD, Phase 3. Mr. Walton stated the Planning and Zoning Commission recommended a 3 year extension instead of the requested 5 years. CITY COUNCIL REGULAR MEETING, 2/20/92 PAGE 12 Mr. Walton stated the only landscaping discrepancy noted by the Forester was a hedge missing along Burns Road, however, the petitioner is only responsible for a portion of this hedge. The other property owner indicated that he would be replacing the hedge after Burns Road is widened. Vice Mayor Aldred pointed out that another condition should be added stating that all applicable impact fees apply. The City Council directed the petitioner have a traffic study done to determine how many trips this project is going to put on the road when it is built. The Council will consider this extension once this study is done and reviewed by staff. ne Atrium Vice Mayor Aldred stated that the City had received a letter from the petitioner to postpone discussion re: proposed rezoning and comprehensive land use plan amendment for property previously known as "The Atrium ", from PO zoning classification to RM. Letter to Residents The City Manager submitted a rewritten draft of a proposed letter to be sent to City residents re: proposed Palm Beach County Charter Amendment to be placed on 3/10/92 ballot. The City Council approved of the redraft and unanimously voted to expend monies necessary to print the letter and mail to residents. CITY COUNCIL REGULAR MEETING, 2/20/92 PAGE 13 )vdJOURNMENT There being no business to discuss, the meeting was adjourned at 10:50 p.m. APPROVAL '1 MAYOR MICHAEL MARTINO VICE MAYOR DICK ALDRED fVDA V. KOSIER, CITY CLERK COUNCILWOMAN LINDA MONROE A�xl-1 /-z4WJ- C DONALD KISELEWSKI COLTNCI � 14 EPH RUSSO� C7 ID TEL No 4i7f0 r, Feb 19.9-' i I • A `� ' 1,4M BEACH COMMUNITY COLLEGE 4204 Congress Avenue, Luke Worth, Florida 334+61.4796 PBCC 4471439.8478 F'ebi-uary 19, 1992 Ms. Kathleen Loggi,ns Gibson and Adams P. D. Box 1629 West Palm Such, FL 33442 Dear Ms. 1,ogginaz i .� the Fissey Campus Auditorium was provided by a a appropriation. Following the appropriation an ar- at� e Agp -d and proceads to prepare construction plans an4 spec These plans and specs are then reviewed and ap- prove- rc, n Mate office of Educational Facilities in rt. Laudarde ric1 1o'ding approval of the final construction plans and app. wn: r notification is provided from the Ft. Lauder- dale r' R , �ffic• to tho office of Eduoatfonal Facilities, i'isca� r in Tallahassee and an encu b ranee authorization ,s is Z�. :Ilowinq the encumbrance authorization ws are zGd to t }n:ar into a construction contract with the suo- c t,idde.r Fide are out on the project at this time. , ,-- q4 -made with _ the Ft. Lauderdale Facilities Of- fict, Rv noti Y the ._F sea ice n T�tllahasls„& d.Lgy _ . e an c pa « s approval around March :d -tning is scheduled for March 25th with the award r,j im,L _ x at.ely thereafter. ;rely J. Barry Pogers --Mpt r o: jar .b 1AW OFFICES BRANT AND RALDWFN 330 FEDERAL HIGHWAY LAKE PARK, FLORIDA ;13403 TELEPHONE (407) 945-1700 FACSIMILE (n07) 642.1648 WILLIAM BRANT CHA10 kb M_ Wi[.aYn Gaorwu W. BALDWIN ul t uu M��l FACSIMILE MEMORANDUM [)ATE- March 5, 1992 Deliver Document to! NAME: Linda V. ?osier, City Clerk LOCATION: City Hall. FAX MACHINE NUMBER: Code "A" NUMBER OF WAGES INCLUDING THIS ONE: four (4) COMENTS: Trustees' ]deed ?re Performing Arts Center PROM. Gail. FAX MACHINE NUMBER (407) 842 -1548 ON LINE 24 HOURS A DAY I GIB AN DAMS BOX 1629 C PA`s BEACM FL, as IL �I:Ir �_`tf_i k;r rob I '.ice i -59 F L Iir . JAN -24 -1992 04:11Pm 92-- C)22".'2575 ORB '7098 P9 1060 Can 10AX Oat .bC U RH OF THE COURT - PB C' O y f FL TRUITIR O RM TRIO INDENTURE, made this 13th day of December, 1991_. -. -- ...., 1991, between LAWRENCE L. LANDAXi 7AWRANCA Q. nATIN and PYI10I1 X. GRACV, not individually but solely as Trustees under the provisions of a Trust Agreement dated December 28, 1983 and known as the Xac"TNUR LIQUIDATING TRUST AARAINKYT, party of the first part, and PALM DEACR COMMURITY LOLL #4A, a corporation organized and existing under the Laws of the $ta,t* of Florida, party of the second part, whose mailing address is: Edward K. Eiaeey Campus, 3160 PGA aouXevard, Palm Beach Oardene, Florida 33410 -2893; *IT"- 89XTH, that said party of the first part,_1n--c- cma4Awrr&— tion of the sum of Ten valuabla rongi.deration in convey unto said party of real estate, hereinafter � Florida, to wit: ARE EXHINIT By acc eptV successors and (1) tv -PQ W -- ditoriv ; oC= s q Aco 0 ais CU Pr ,i'4 hdti . 4070326 -236 , 19,92 8:00 P .07 ORB 7098 P9 1061 x E terms of said dood or deeds in trust delivered to said Trustees in pursuance of the Trust Agreement above mentioned. IS WIT096e KHRREOP, the said party of the first part hereunto set their hands and seals the day and year first above written, signed, sealed and delivered in the presence of usi cz A to eEXl Pakriclaidek. Mangiri AR t0 ail Tam Ken y OTATS aY ILLIN0I0 C4ttNI'Y OF cool 4176 @u " Oad P%clrn ac Gard as 3341 +.9002 ileWenoe G. -,Martin,� as 71ruetee 4176 bourns Road Palm B a s:p 33410 -9602 CAS? p raC sa True a0 4176 Burns oad Palm Bead Gardens, FL 33410 -9602 OX THIS bKY personally appeared before me LAWRzmcm L. LmMRY, LAWRENCE G. MARTIN and PHILIP Me GRACE, not individually but solely as Trustees under the provisions of a Trust Agreement dated December 26, 1963 and known as the MacArthur Liquidating Trust Agreement, to me Well knower and known to me to be the inaivICYja? e described in and who executad fah- f--4 -- Exhibit "A" That part, of the Southeast Quarter (SE 1I4) of the Southeast Quarter ($8 114) at Section 6, Tor:nah i p 47 South, Rance 43 EaSt, Palm Bench GuL dens, Flea i �a lz •, West of the Went right of way line of Campus D: I va uv described in Official Record Book 2959 at i-t,m 20' through 206, public records of Palm Beach Coun+'y• LF;� 3' AND EXCEPT THEREFROM the right of Way of RCA Boulovard, that certain parcel of lend described in Official Pocorl Book 1692, at psga 1682 and that certain parcel of l any deecribed in Offioial Record Book 5331 at page i%04, Containing in al), 5.19 acres, more or base. ,_. W111 fA•f 19lUN1 CIVA)Mt.1 W. BA1 H4411v LAW OFFICES ' $RANT AN]D $Ati.DWM 330 FEDERAL HIGHWAY LAKE PARK. FLORIDA 33403 TELEPHONE (407) 845.1700 FACSIMILE (407) 842, *49 FACSIMILE MEMORANDUM DATE: February 25, 1992 i CHAIM," M. Pico" OF [.O[11MEL Deliver Document to: NAME: John L. Orr, City Manager LOCA'T'ION: City Hall FAX MACHINE NUMBER: Code "A" NUMBER OF "AGES INCLUDING THIS ONE: Four (4 ) COMMENTS: Letter to Kathleen Loggins, Esq., enclosing Snecial SJarranty ile¢d from the Citv to County reOrdinance ,6, FROM-. Gail FAX MACHINE NUMBER (407) 842 -1548 ON LINE 24 HOURS A DAY Wu r [AM BkAxr GIN oRe.k W, RAInru,k Kathleen J. Loggias, Gibson & Adams First Union. Building 303 Banyan Boulevard P. 0. Box 1629 LAW OFFIM BRANT A14D BALL)WIN 330 FEDERAL HIGHWAY LAKE PARK, FLORIDA 33403 TELEPHONE (4M $45-V00 FACSIMILE (447) 842.1644 Esquire - Suite 400 West Palm Beach, Florida 33402 -1629 Re: Ordinance 6, 1992 - Delivery of Warranty Deed held in escrow. Dear Ms. Loggins: CHAFAM M. PKsarr OF COUNSEL February 25, 1992 Receipt of your financial data is hereby acknowledged. We are enclosing herewith the Special Warranty Deed from the City of Palm Beach Gardens to Palm Beach Community College in accordance with Resolution 35, 1991, of the City. We have reviewed your financial certification together with a letter of February 22, 1992# wherein the availability of the funds were certified by Jerry R. Martin. In order that there shall be no misunderstanding in the future, we are relying on the Certification to mean that the necessary funds are sufficient to complete the facility, and litre in all other Planned unit Developments within the City of Palm Beach Gardens, the project shall be completed no later than three (3) years from the effective date of Ordinance 6, 1992. Thank you for your attention to this matter. WB:gm Enclosure Sincerely, �t t"" WILLIAM BRANT City Attorney 5 - ' yl-6- 7 1 IPIVAi WARRANTY DtlD RAMCQ FORM Q3 This Special 10arranty heed made the ,.?o r tray of July A, D t4 91 by CITY OF PALM BEACH GARDENS, a Florida municipal corporation, heretnctf ter called lhm prurtlur, to PALM BEACH COMMUNITY COLLEGE whonv postof f ce addresh ix he+remuf ter called the grantee, I Whe►ever rued herein the terms "nantar" end " irentee" include all the parties to thh Instrument and the heim legal representative: And Amegis o! indi, . 0, and the sucaesmn and a�wwn. .+r rerpnratine.) d 10.00 1 ltneSSe #h: That the grantor, far an in Dana! Hratiurt �f the aunt of � ta.er otitcr tialriable vonsidvrations, rf -celpt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, re- mises releuses, t:onireys etrtci corifirnis unto the grantee, all that certain land situale in Palm Beach County, Florida, viz; A parcel of land consisting of approximately► 2.985 acres and more particularly described in Exhibit 'A" attached hereto and made a part hereof. SUBJECT to casements, restrictions and reservations of record and taxes for the year 1991 and thereafter. BY ACCEPTANCE of this Deed, the Grantee, its SLID PSEinrs anti ar'sigiir;, hereby agrees: (1) to commence construction of a perfurinin arts center and audi- torium upon the property no latex' than gecember 31, 1992; (2) upon completion of said construction to utilize the property as a performing arts center and auditorium; and (3) that, thereafter, should the property herein conveyed cease to be used as a performing arts center and auditorium prior to December 31, 2011, then title to the property therein conveyed shall thereupon revert to and revert in the Grantor, its successors and assigns. Together, with all they teneirients, heredttaments and appurtenances thereto belonging or in any - wise apperlat flirt g. To Nave and to Mold, the same to fee simple forever, find lire grantor 1icreby covenanls ter A valet gran &to that Ike grantor is In0riffy Seized of said land to fe+r sirreple, tltnt the grantor has good right and lawful authority to sell and convey said land, and here- by warrants the title to said land and Will defend the same against they lawful claims of all persons claiming by, litroitgh or under llte said grantor ]n DORM thereof, the said grantor first above written. Sitlr lwaled and deli cf in our prescnct3: - - - - - -- ... .. ... ....... r]'I'ATS eAF VTfIFTtjA COUNTY OF Palm Beach hhs Ireunto met it$ anti and seal The day ateai year OF PALM B ACH GARDENS T ' tiaeY ta'r G v ay'Vr ATTEST: � ir�da dY. Rosier, City- �1et•i Y HEREBY CERTIFY that on this dav, before me, an I,il7 HVF-' I I EXHIBIT "A" D£BCriDtioil A parcel of Ifind in the Scut ona k os1� Vmwrt:r-r, of Section 6, Township 42 SUvLh, R. -miyo 47 Piolm Or,--rich Coullty, Florida, being more particularly described as tollows The South 279.69 feet of the West 465 feel- or, Liza Itorthwont onFj Quarter, -(N.Vt.1 /41', of the SCUtllr" t: 011"" Qun "'U' K5.L.1 /4) , of the Southeast one quarter, of said Section 6, subject to a 25 foot eavement for drainage purl)oses over the North 25 feet and Enat 2S feat: !;Ulexcol:. Containing 2.905 nacres more or less. ji __.._ _.. to 1(3 z AL s, II N ' � 1 w w 4 VAIM .SN30ve _SMINOVIYA I CL a a ti k i Excerpts from tape of 1/22/92 City Council Meeting re: Publix After motion to approve Resolution 1 106, 1991, Mayor Martino stated: "Richard, we have a site plan which Mr. Brock has indicated he will, as far as the landscaping code is concerned, will make provisions on the documentation that would suggest and enforce the fact that what he put into the record that he would meet code." "How can we get that certified, Mr. Brant ?" Bill Brant: "Well, it's in the record and he's standing there." Councilman Kiselewski: "And, we can't approve anything else because you just put in the record that it's got to meet code." Councilman Kiselewski: "I would submit to you Alan this is, just like you and I are in the building business, and you know that you go a building official and he approves something and you get out onto the site and all of a sudden the building official says loops I missed it on the plan' and what happens is you still have to change it ". Alan Strassler: "I don't think Mark went back to look at the original plans approved in 1985. I'm sure he didn't. But, what he did do is look at the plan that was submitted and we thought we were ok based on the fact that the planning board didn't say anything." Councilman Kiselewski: "I would suggest from here on in the future any time anything like this comes up I would like to see our Forester, instead of everybody telling us what he said ". Councilwoman Monroe: "Bill, I'm going on memory of hearing some attorney somewhere talk about case history and staff giving perhaps information that later is deemed not to be the right information, yet the codes have to be upheld and that does not put the City in jeopardy. When you find the problem you correct it and go on." Bill Brant: "You are correct as far as you made your statement, unless, and we've had one or two situations in the past, where vast amounts of money and time have been spent. This is not the case here." Mr. Brock: " I have told the Council and have gone on record that I will definately meet the code requirement for the buffer along Northlake Boulevard, I would please ask your consideration in moving forward." In response to Councilman Kiselewski:, Mr. Brock: "I will definately meet the code requirements for the entire project ". Councilwoman Monroe: "I have a suggested compromise that I believe we have done at lease once. Have we not approved a project with the landscape plan to come back and be approved by resolution or under separate approval." Councilman Kiselewski and Councilman Russo: Why would you have to do that if it meets the minimum code. You don't have a PUD. This is straight zoning. Councilman Kiselewski: "I suggest we move ahead with the issue. Go ahead with the approval. The man has already indicated he is going to meet the minimum landscaping standards. • • Mayor Martino: "Mr. Petitioner, you understand what you're getting. Your getting a site plan based on what you presented to date with this City and also everything that has not been discussed has to be at least to the minimum of our codes." Councilwoman Monroe: "Keep in mind that if you go strictly with the minimum landscaping you will get no credit on landscaping (re: Art in Public Places). If you want credit for landscaping, it's got to be above the code." Resolution 106, 1991 was unanimously approved as written.