HomeMy WebLinkAboutMinutes Council 040783CITY COUNCIL
REGULAR MEETING
CITY Oy k'.'1 ?.M Tip'_ AC" GARDENS
APPTL 7, i983
:'nc R,-, tI.tr Rte c'L III ,; It Liu' (;1Ly Crum ,I iii the Clty 1�1 ',rlIII BL- V-11 C,u•ctens
'Clorida, was called to order by Vice `favor Kiedis, at 3:00 i . i., in the
A�-emhly Room, 10500 North NilrLary Trail, Palm Beach Gardens, Florida;
.utd opened with a Few momcnLS of silent prayer Ir,r thu recovery of
Mavor Aldred's father, who is suffering from cancer ,and a heart attack.
The Pledge of Alles,iance to the r1a4 was held.
nJTl, C',.T:
The roll was c.illed by the City Clerk and presenL •acre: Vice '.• favor
Kiedis, Cuuncalman M,lrtino, and Councilwoman Monrod. C'LLy ?tanager John
Orr and Attoraev Will inm Brant wr_re .also an attendance. `favor Aldred
.and Councilmar: Kiselcwskr were not >_n attendance.
MINUFES:
1'he runutes of the Special (Ruorgani:atioaal) nn,l l;ur•_n p Ncettn-s of
y,tr it ln, 1' +S3 ref • un,ini•nontity approved by the Council, as amended.
The minutes of the Regular Meetin, of .larch ly, 1983 and workshop Meeting
o` YArCh 2v. 1983 were unanimously approved by the Council, as written.
,i.:e Maur Kiedis announced that neeLinrs of the City's Planning and
:.,.Ln C'rcta °5aon, Fr_cre,3tion Advisory Board, and Fire DeparLment will
co:n•�r.e t_ .'•G P.a" on Tlaesd_ =.y, Anrit 12, 1983; and at 7:30 P.M., on
April 13. 1983, tho City's Beautification and Gnvirunmental
or tttee and Compreliensive Land Use Plan Com- ttee will hold they
7cet', : s,
:TTYS THE CJ-L-
'L\NAGER:
Fhe City Yarager introduced Mr. John ilex, who started as the Citv's
i r11: t cr . a-�L liue „l.av, ur- aeC to, th, a,,recnant o:tccutrd between
till' C Ltv and the Statc Division of Forestry (reC: Resolution. 17, 1983) .
The City 112n.a „er advised of the ;round - breaking ceremony to be held
by the Northern Palm !',each Gounty Chamber of Commerce at 4:00 P.M. on
Mitch 12t_h at their proposed site on the northeast_ corner of Ellison
WtiSnn Road and PGA Boulevard.
'the city Manager refcrence•1 the `Ltr, It 30, 1()81 nru w;ic.,llien of ?I,. Nancy
ill R'-, S 11�r.1i_r ..1w Ili enCiosLn', a ropy of the npiniun In
an imp ^ct fen_ c.=se thaL they dandled for Broward County, Hollywood Inc.
s. Bro::ard CclmmLv.
City Coroacil Ren_ular Meeting, 4/7/83
Page 2
i' :11'"6 :C : "L' Or ADDT- Pursuant to the d>sen5yiuns at the Rec;ular MocLing of March 17, 1983, the
T1L�Ai. FE!;S J
C`a�X[:vFT'i C_ENT_ER City ?tanager advised of his s s and the Recreation Director' recommandatjun
4RC!73 P: ?CTS the Cuunc31 authorize payment of an a(Witionr_ $11,634 to Oliver and
t :ladcien .%rc!citects, Lnc., for the hours e :;pended he,yond the initial
! rrjrct,on•, their nr!.,in.11 ti06,00U rye w,+s b,: ;ed upon ,c,; ,o.rrhitr, tti for
."+r Cocrnnini.ty Activities Duiiding.
he GiLv At- torn,v referentc°d the clause in the City's February 10, 1991
e onLract with t11` <trctIJ tocLS, V1IIc h sLULCS, in e 'IS ence, LhUL Ii the Sur -
-Ico, cover,�d by the ai =reement are not completed within eighteen months,
through no fault of the rchitects, th, amounts of compensation set forth
be equit.ihly adjusted; and advised that ba.,cd upon certain facts,
the Co„„c.l h.ts 10,;111 cn1SC to 1MV ,;ddi[i')rIn1 `vc (Ref: IInLary 37.
1963 �rcd March 30, 1983 corilnuaicatj ,ns oL Mr. E,,hn Glidden Ittached)
A utwn was ,.nanim ,sly ad,,pted by the Council authorizin^ the expendi-
t,ire of 11,h fr m the Councii Contin;,-ncy Ac-ount for payment to
u!z:er & fltddo: ,rch tecCs for the conclusion of our Coe+.munity Activities
G, udinu and therr cork thereof.
RP.PORI'- ;Lu-ic-Liwomnt M-iroc repurted on the meetrn :; he attended of the CiLy',,
uUF.IC!L' 11r`, i omore i nsati e Land .:se Plan Committee ,n _lay _ 3n, 1053.
ILtU3 I) - -
- i'he ctr.+tes of this xeetrnq -ir,_ on in the City C;_erk Office.
lC7 "_L1Y K P_c•_ -.._} r K edis repurted on the -,eetlnc, Of the Cit °. S to PIan and
— -- Apn,aar <c•i,_c Review (umr, tt e he ai tc °n.te,t on 1'nes l.ay. :1; ri] 3, 1983. the
tes of this meeun; -111_ },z n a-e fila _n the City Cleric's 0,fice.
1[ nootlr,,,; in _hu neu future, the Council will on'3idcr .ldoption of
a : :o��,TUtion .I!Ip0-L :1t1 -1, a m,,mbor to t;r_ City's Plannin,; ;nd 7ontne,
At a meetin in the future, the Council will drscuss the Fccr,•,_ 3
�nm:,,�nrc.atinn of ;;r. feffre^ A. Ornstein, Architect, recumrcending rtmund-
7LL!nLs to the City's LandscaE,e Code.
LLi U ? ?1`; Corncilc :orrar Xonroe r,,-purred that today the Palm Beach Gardens Elementary
L.�riut
seat home with their -it ud1'nis a letter Indicating what has trans -
P1 T-ed Cius far re: resol vLng the closing of the north side of Hol lv Drive
:r trat`i� !,:ring tir,_ hours the schools <_re zn ,cssaon; and
-n_ourc�Jnh 'he to voice thL-Lr views to the Council ru: this
riuutes of Rec•ular ',Ieeting of August 8, 1982)
City Couu4il Regular Meeting, 4/7/83
Page 3
lu rmM"e to Mum Omni MarLlnu, the City Manager advised that the
Am trri�atLon pump for Gardens Park is in operation.
two
31:SLT,L'l lO; :S: W thr MVIKurronoe nt the Cn MW , the City C nrk r,•-td, in ful 1 ,
RESOLU'1 ON 33, Resolution 33, 1983, proviAny for an v=enWon of the CitV'S contras ural
�p,,rrrmunt with M ^;. Alvice Mtr,hall .t nut Tunn1., 1'rstv�,.,nu,tl
nRMNAWKS: Alme Mwor Ueh q declared rue Public Hearing open, which was duly
ORP,IN�NCE, 11, advertised 1leccrsver 27, 1982, reces:,ed at the Regular Meetinn•s of
-
____ 3.n.mq, 20 and February 3, 1983, and held on the intent of Ordinance 11,
NO, Wposint; a "MCC Service and Facilities Fee" on developers of
structures e:cceeding two stories.
Nr thn reomt u` the Vim M ywr, Lh, C i tv lwa"r �• on,-d cn IN
i_sr, n"ms W rhr W moA aL Lb," AM &T Yue•tlnn or March n, 141,
re- Lhia Ordrn.io(,c (i.e., ;,,b Oh ?c.eirn, uis u: cr,iszng
he r'nb'rc He.,rin• . . the t urrt•nt nec, nt ;; anti th n, :e_tin.; thr. City
Attorney co draft an Ordinance For their consideration of first reading
aL a _future neeetln ^, amendlrrg the Cltv's Code to enable developers of
PUDs approved with structures that place unusual and added burdens upon
the present firer prnteCtxon Capabj1itics to contribute funds to be
07 the
into a "Special;.r_e_d Fire- Paghting Equipment_ Fund").
Attorney Richard Eliineton was to attendance on behalf of the Palm 3ench
Count,. Hone Builder= and C)ntractors ASSOCiauon and advised that Lf the
tn�lrnation of the Co.truil As to defeat Ordinance 11, 11181, they have
no cotments; however, if the Cour.cl l is gorr,v, La discusF it in a positive
attitude, he felt �;everai members . the c3 ace would address them
,1 m"taon was un'ruimo,t�ly adopted by the Council re- reccssin^ the Patblic
Nearing on their cnnsidcrat:on of Ordinance 11, 1981, to the Regular
'dr =tin; of April 21, 1983, at apnro-:inately the same tjne, Owin- t,,.
the facts lire- ,enLeJ at the• previous recessed P,tbltc Hnaruags „n the
Urdinance; ind the comments made concerning it and the absence of two
Counryl members it the Current 3Ik�•CtInC„
FM the benefit of the audience, the City Manager explained that the
Co,teL:14 dascussionq re: defe=wn this Ordinance ib not an implication
it is wron951. '1'hev are nut, necessarily, abandoning the concept; but
r ithe•r, ,,e,e:5 _elez in ; ,vi,ther avenue /approach to enable contributions
to be de,o-itcd a.n a 'Specialized Fir,2- 17ighting Equipment Fund ".
City C,Iuncil p.Egular Meoting, 4/7/83
Page 4
A motion WA:, ua,inLrwusly adopted by the Council recossing Choir con -
sideration of second reading and adoption of Ordinance 11, 1981, to
A,.. tl .'.' , 1•):13, aL approximately the same tii,c .
V.Lcc M.tv(,r dtictarec', the Publ.Lc Hearing open, which was duly advertised
- 'larch _'Oth IM-1n, 1983, ui comp IJancu wiLh L e t,oc,tl GovN.rnolpnt Compre-
oersiv- Plann_,n,; Act 1925 of the State of Florida as amended (Florida
Stntute 1977 tiectinn: 163.31t,1 through 163.32'11, inclusive); and held on
,,mending Lhe current official zoning' map of Llie Citv, a5 provided for in
section (. of the March 22, 1983 drnft of our proposed Ordinance 2, 1983.
`r. Robcrt Johnson of 4070 Chestnut Avenue, PHC, addressed the Council
expressing ob]ec.tsun to the zonin ^, de5ignatlon o` M -1, Research and
1,1gtit industri:rL, on the lands north of PGA Boulevard, OF the
proposed lntcrst.itc -95 2�:tcnsion.
1t[nrncv Ile rbert_ (iIdan addressed the Council on behalf of Echlin IManu-
iactaring Cempanv, o,,-ner, strop lv obCec un to the rezoning of their
11.9 -acre parcel on the southeast corner of 111,ic Street and Military
_rail from RH -High Density Fesidential District to RM- Medium Density
F—tdentiai District. Iie cxplained that when the firm peirihZSecl the
pr-pert-,- for locat_Lnn of their corporate headquarters (1977), the Cit_•'s
high - density residential zoning classification (then R -3), permitted
units per acre. And ther-, en \nvember 2, 197°, the City amended Lts
(,;dog, reducln - t}lc r: ,im un;,t, per '3cr to 12 LP the high
�n,it, r�sldclti.�r _�•iln^ , °rstractti (now RH) , u, a po�,s I'D ic 3 addi --
tiurai in, is per _re under an rppr_:e PTT). (Per Seuti„n _' o` Ordinance
1473, :d`pted f.anL..lry I8, 1979, a "lronu, Ln dcnslty" of un n 3 u /pia
coel,] b,� considered for appro,,al by the City on this 11.9 -acre parcel,
IS it way. ?onod htytc prior to adoption of the
"rewrite" of our :oninQ �odEs nn November , 1978.)
1Ltn1711e31• Gildan strong IV urged the Council to afford them, nn an irndivid-
a_' the epportunity to 1�.11n, .irider,Land. ,end ir,punil to tho Clt_y's
rl,o5c;re.:, n For propo,lm, t„ "dr,1U0L_Lcal.ly" leSSen the permissibie
,lei:sity on tills particular parcel a second time within the last five
c,F" "•.without my real cllnngr.s in the c,ha,acter of the neighborhood"
rc tlicv've owned 1L - ,i "tremondnu mrnnct on the value of the
>>er.ILIOn's land. ;le tel.t that witn a fa,r hearing, the planning and
Co= ission ar•�] I- City- Council will be persuaded that rezoning
_ c r.3roel Cu R ^f- Medium Density Residential District is not in the
in t. rest o? the City, and probably confiscatory for Echlin
City Clnuncll Regular Meeting, 4/7/83
Page 5
?S.inuf.lcLurLn}; ('mrl,rny, If den,;ity is the 1,.i,I5 for down-zoning the pro-
perty to a permissible 8 u /p /n (plus a possible additional Z u /p /a under
in p,rm ed PUT)), Lh.rt o.her types o' zoring that vi-_1 n�c "destroy"
the value of their property .and might well fit into wh.tL the City has in
11 the c,1rp0rat!011 un1122st.311c[; it.
thc�uph on SepLernber 1'r, 1078, the City, per the petition of Echlin
}l.0 ti,u.turing Companv, remmvrn from the subject parcel tha "conditional
ur.r" }'r.tntL�d them on f,tn It, tt': II, 1977, for "curpor,ttc- ,idminLstr,tLiJe
of Lceti ", ALtorrtev Cildan ;tdviscd Lhdt they are 3greeabl.e to unploring
the Clty r,'zoning Lt to CPO - Commercial Professional Office Di.strtet.
5hr_ orpor.itton wou_'d Itike the value of the Land to be at least close
to 'ah, t thw felt tat- had an ir:`vstmenL ,.n.
7n _re.;pc)nse to Councilwoman Monroe:, Attorney Cildan e::pi,tined that he
.:pprecLales t'.te lmportnnc, 0f the City's Comprehensive Land Use Plan;
however, the r loci; of tppearink, and v „^' objections to the medium
dirisLt. re5ldential zoning deslrnation on their land during the City's
a ideratlon ,i its ad,?ption does not deny /d;,prive them of Lheir right
to a Etill hearing, on Lhe .rctuaL re:-:iru;;. Ho referenced the provisions
of the State SLatutes nn sonLng; ! ^d su,4gested that instead of the Citv
"rubber stamping' what is dc•sL; note on the f 1 sn. thel be ilea the type
of ]tearing thc- f._el thy are entitled to.
.ltt,,r:cv Ra—n,nd Royce aadressed the Council on behalf of Bankers Land
the UWne. oc the n1,r,orit-• of the .ac.lnt lands within. the City,
tferdnt_ing Lheir input dur3nt I-1- Plonnin,4 and ZoninC Commission's duly
dverti.,,_,i Public it •aria^ held 1l,ir, h ZL, 1083, the Coancil's Llor'r_shop
eetrns, of March :.4, 1933, and tine :'l;:nnin,; S Zonins, Co- miission's informal
1 nu••t. , lu•ll _, t._„ 31, the Cnt - pror•�, t1 to if-c•nu
certain par`als under their ownership as a part ui
ch,nsivc Land Use Plan.
\t` rr.e i6,ycu of fered that *Jlrlle the ai plaud the City':, mot ivus in
turm; cif movinit fol:w.lyd Lit m,tl:ing out ':ontn }; map compaLi.bte with our
Comprehenisve t,and Us-_ Map, .. rore Lnlportant and over- ridin^ concorn
'hot]d be to give lndivldual cttentLon to each parcel being considered
1,11 tnvn hiritary ncr•onrng. He referenced the State Constitution and noted
the C: L, la consi],e -arnt, very compl icatcd, important, and fundamental
oC proper,.% rL_gnts. Attorney R--e concurred with the comments of
.'ittrrvev (,ildrn that ^n indivldt:al henring and individual consideration
h,,,I l ;)e ;,iv� n Lo each individual parcel - d.te process of law.
City Council Regular Meeting, 4/7/83
Page 6
In response to the thoughts of the City Manager, Attorney Brant recom-
mended the Council not adopt the new zoning map as proposed, with the
exc�prion of changing the zoning on the "contrc•azsial lands" to corres-
pond with that indicated on our current official zoning map until further
consideraLLions are made with updated input from a professional planner.
If the Council is inclined to hear further evidence on the issues raised
by the petitioners, reasonable time constraints should be established
for our satisfying the requirements of the Comprulicn:,lve Planning Act.
Attorney Royce endorsed the idea that a professional planner be employed
to give the City some further, updated input. They would be happy to
work with the City in that regard and cooperate. They wish to continue
their good repor with the City; anti don't wish to be put in an adversarial
role, unless there is absolutely no alternative.
Mr. Samuel Carsillo, 10063 Dahila Avenue, PBC, addressed the Council
sympathizing with owners of property thaw :lght be unaware of the fact
that at some future date "good, updated planning" may directly affect
the values of the property they invert in, by involuntary rezoning.
Dr. Richard Eastridge uC NPB, addressed the Council on behalf of a group
of doctors he is associated with relating their thoughts re: locating
their_ medical offices on the north side of Burns Road, east of the PBG
Community Hospital. Mr. Rudy tlrsenicos, architect, joined Dr_. Eastridge
refs rear inr, the Introduction of this Pr , sn7 .and tho propncal of another
;n)up of dretors he represents at the Counc•il's Workshop Meeting of March
14, 1983 and the Planning L Zoning Cor.missions informal special meeting
of March 31, 1933. Loth parcels are currently zoned AG - Agricultural
and interim District; and designated as PDA - Planned Development Area
on the City's Comprehensive Land Use plan and on the proposed new official
on in ,q map of the City.
The City Attorney clarified Chat, technically, petitions can be filed by
property owners for the City's consideration of rezoning parcels.
linwevei, the Council wiJl f.zce a dilumma when petitions move forward
through the rezoning process, as matters are pending that should be
resolved by the Council before any rezoning applications are considered.
For instance, the definition of the PDA District designated on our Plan.
`ir. Arsonicos offered that his clients would most - likely pursue making
application to the City for the rezoning of their lands to CPO - Commer-
cial Professional Office District.
City Council Regular Meeting, 4/7/83
Page 7
Attorney Royce suggested that, perhaps, some of the zoning designations
on the City's Comprehensive Land Use Plan adopted two years ago may
n. t bF appropriate for the circumstances of tlday. His thoughts were
that the Councilset up a schedule for reviewing the various sections Of
the City, deciding what zoning classifications should appear and going;
through the procedures to shame our official zoning map and /or our
Comprehensive Land Use Plan, whichever is appropriate.
Vice Mavor Kiedis suggested that the City receive expert input on the
"controversial parcels" from Mr. Marvin C. Hill, Jr., the City's con-
tracted land planner in the preparation of our Land Use Plan adopted
November 21, 1974; our General Development Plan adopted December 4, 1975;
and our Comprehensive Land Use Plan adopted June 18, 1981.
Councilwoman Monroe suggested the Council proceed in adoption of the new
official zoning map, with the property owners' proposals they are
already in agreement /comfortable with �.:_,rporat-d. And then, at a later
date, consider the others with the assistance of a professional planner.
She feels the Comprehensive Planning Act charges the Council with the
AdL responsibility of bringing our official zoning map into compliance with
our Comprehensive Land Use Plan as soon as possible (within a reasonable
time period); and then, there are provisions for changing the Plan and
the official zoning map.
Vice Mayor Kiedis concurred with the previous comments of Attorney Gildan
that the Public Hearings required by State Statute implies deviations
can be considered in the implementaiton of our Comprehensive Land Use
Plan. If approved, our Plan would have to be modified accordingly.
Councilman Martino suggested the Council have a series of public hearings
that would deal with the properties brought to the Council's attention
by their owners during the discussions on adoption of a new official
zoning map of the City /implementation of our Comprehensive Land Use Plan.
At these meetings, there should be expert testimony from a land planner
as to what should be done with the parcels zoning -wise.
The City Attorney recommended Mr. Hill review his recommendations to the
Council is 1981 on adoption of our Comprehensive Land Use Plan; perhaps,
meet with Bankers Land Company's planner and Echlin Manufacturing Com-
pany's planner to become familiar with their requests; and then, the
Council set up a series of hearings subsequent to receiving his written
comments.
City Council. Regular Meeting, 4/7/83
Page 8
The City Manager concurred with the thoughts of the City Attorney; and
recommended cancellation of the legal notification for the Public Hearing
°cTW,-tled to tike place ut the Regular Meeting of April 21, 1983 on the
Council's consideration of adoption of the zoning map as an attachment
to Ordinance 2, 1983.
Councilwoman Monroe was not in favor of postponi-ng consideration of adop-
tion of the map. She felt a "reasonable period" since adoption of our
Comprehensive Laand Use Plan had 1lready lapsed.
Attorney Royce reiterated that they would be willing to do their fair
share toward the cost of a professional planner; and hope others with
concerns re: the proposed zoning on their parcels would do likewise.
Vice Mayor Kiedis declared the Public Hearing closed.
A motion was made by Councilman Martino the Council authorize the City
~tanager to cancel the public hearing on their consideration of adoption
of a new official zoning map of the City, based on the input concerning
the legal requirements as established during the Public Hearing process
by the City Attorney. Further, that the City Attorney involve Mr.
Marvin Hill, or any Planning Consultant, to review all the comments and
suggestions that have come before the Council during the Public Hearing
process to date regarding zoning matters and /or land use matters per -
taining to the new zoning map for which they are now considering. The
costs, in addition to the ensineering and legal fees that may be necessary
to bring these items that have been brought to the Council's attention
to fruition,so that they can pass the nap with due course within the
next several months, to he borne Ln part by the Bankers Land concern.
Vice :Mayor Kiedis relinquished the gavel /chairmanship; and seconded
the motion. Vote on motion: Vice Mayor Kiedis and Councilman Martino
voted aye; Councilwoman Monroe voted nay. The motion passed with
affirmative votes of the majority of the quorum present.
Vice Mayor Kiedis resumed chairmanship.
ORDT:dANCr 3, B% the concurrence of the Council, the City Clerk read, on first reading,
1983 by title only, Ordinance 3, 1933, providing for "fraternal. organizations"
.I,; a permitted conditional use in the City's CC -1, General Commercial,
Zoning Distracts. A Public Hearing and the Council's consideration of
Adoption of Ordinance 3, 1983 will take place at the Regular Meeting of
April 21, 1983.
0
1
E
City Council Regular Meeting, 4/7/83 Page 9
ORDINANCE 4, By the concurrence of the Council, the City Clerk read on first reading,
1983 by title only, Ordinance 4, 1983, regulating off - street vehicles. A
iublic Hearing and the Council's consid_rati -a of adoption of Ordinance
4, 1983, will take place at the Regular Meeting of May 5, 1983.
ITEMS FOR DISCUSSION:
The members of the Council received the City Attorney's April 7, 1983,
me:morfinelum re: the proposed draft of an Ordinance establishing a
"Residential Planned Developmeat Open Space District ".
Vice Mavor Kiedxs expressed his thanks to Mayor Aldred for the articles
he placed in local newspapers re: our City's efforts to save money by
using Public Conunsel for Intervention rn Seac,oast 1'tilitres' request
for increases in their water and sewer rates.
PETITIONS AND CO:LMLTNICATIONS:
ice navor Kiedis acknowledged receipt of the comments of our Police
Chief, a4 requested, re: the two alter.- ^: »es Mr Rudy Arsenicos,
Architect, recommended as improvements to the City's police headquarters.
ADJOURNMENT. With no further business, the meeting adjourned at 10:40 P.M..
LLUYOR ALDRED COUNCILMAN MARTINO
VICE MAYOR KIEDIS
CITY CLERK
COUNCILWOMAN MONROE
KISELEWSKi
„ s-;
+MN S
Pdgo 7 lgmkDay March 30 • April 5, 1983
Gardens . o
did not fight Seaaxtst with NPB
Editor:
I-he enizens and elected officials of
Palm Beach Gardens have lately been
recciyitng era] and written abuse from
ciected officials and residents of
North Palm Beach for not sharing it,
the 520,000 - 530.000 cost of a
couwlwnt to tight the proposed rate
mcrea,e by Suncoast Utilities. On
behalf of the City of Palm Beach
Gardens, I take this opportunity to set
the record straight.
When we, in Paltn Beach Gardens,
became aware of Seacoast's inten-
tions, the City Manager. City
Attorne, and a representative of our
City Council began working to attract
the' serices of Jack Shreeve, Public
Courtd for the State of Florida- The
State funded office of Public
Coumcl't Solc occupation is to oppose
un €ca-onable otility rate requests
bcfc•re the Florida Public Service
Accordingly, we feel the
crcrkntudt of that office are far
wpcnor to na} consultant rae could
U
Although the Public Counsel's
office infrequently involves itself in
local water and sewer petitions, we
are pleast:d to have been informed
that Jack Shreeve has officially
intervened in the Seacoast rate
request issue, and North Palm Beach.
Since the Public Counsel's office is
State funded. these services will be
provided at virtually no addirional
cost to lavad taxpayers.
We, in the City of Palm Beach
Gardens, are pleased to bave played
an ins rumental role in securing this
service for all North County residents.
We will continue our efforts, together
with the outstanding efforts of all
volunteers who serve our City, to
provide the best possible govern-
mental service at the lowest possible
cost
sfix -ely,
— a
Rkhwd D. Aldred, May -
PSG
u
s
is
� PFD k pC ATj OSIRDFl�S -
Oliver & Glidden Architects, Inc.
If cKec 1,o,j!evcrd
January 27, 1983
rir. John Orr, City Manager
City of Palm Beach Gardens
lo5oo North Military Trail
Palm Beach Gardens, FL 33410
RE: Palm Beach Gardens Community Center
Palm Leach Gardens, Florida
Job No: 8103
Dear John:
Hs you know, back in October of 1981 I approached you with a
particular problem which our office was experiencing relative to
our services for the Palm Beach Gardens Community Center. This
problem generally related to the fact that, considering the overall
complexity and length of time over which the project was taking
place, our office had expended a considerable number of hours beyond
the initial projections which our original fee was based upon. We
felt that one of the basic reasons for this was the degree of service
that we were providing to the project. On November 3, 1982 I commun-
icated with you by letter and attemped to quantify the specific fees
and project man hours in order to determine whether the Citv was
going to be receptive to consideration of additional fees. In that
letter I indicated to you that, based upon our hourly rate. the time
expended by our office, and the enaineering fees, our total position
in the project was approximately $123,800.00 as compared with the
fee of $96,000.00. We realized at that time, there would need to be
a substantial effort on our part to satisfactorily close the nro -3ect
out over the next two months and I needed to know whether or not I
would be forced to cut back, minimizinq time spent from this point on.
In that letter I also indicated that there were two areas in our con-
tract with the City which would provide a legitimate basis for requi-
sition of additional fees. The first was "AddiLional Services" which
deviated from those stipulated in the original contract. Although
there are a number of areas which we feel could legitimately be
discussed, we chose to dLsreaard that aspect of the contract, except
I
or some miscellaneous additional services early in the project and
the interior design coordination work which we provided to the City.
Men -L,&. G` MC- omericon ir.stl fe �t c[c,- iecls cnd qualm colons Cer,fied by f'caro
n
LI
11
Mr. John Orr
Palm Beach Gardens Community Center
January 27, 1983
page two
The second area of consideration has to do with the portion of the
contract that relates to the expiration. This portion of our contract
is specifically intented to avoid losses incurred when a project is
completed over a longer than anticipated time frame. Article 14.7.2
of the contract states as follows. "If the services covered by this
agreement have not been completed within eighteen (18) months of the
date hereof, through no fault of the Architect, the amounts of compen-
sation, rates and multiples set forth 1-_erein shall be equitably
ad-iusted." we submitted this situation to you in our November 3rd
letter, and asked for your comments. At that time you submitted our
letter and summary to the City attorney for review and comment. We
also submitted a copy of the information to our attorney, John Chris-
tianson for his .input. It is my understandinG that the opinion of
both attorneys was aenerally that we do have a certain basis for
considerations and that the amounts of compensation and hourly rates
were subiect to reasonable negotiation. After Gathering all the above
mentioned information, I indicated to you that we would prefer to
service the project in a thorough manner thr"•,:out '-he construction
period and bring this to the City's formal attention after completion
of the building. This was done in part because of your feelings that
the final numbers would be necessary (as opposed to hourly projections
of time necessary to complete the Dob) in order for determination to
be reached.
I am now formally requesting additional fees from the City based upon
the time spent subsequent to August 11. 1982, (18 months from the
original date of the contract, February 10, 1981). You will find .
attached a summary of the total project hours as well as a statement
for the time spent beyond the expiration date_ We are not requesting
additional enn_ineering fees which were paid by our office during this
same period. As the total amount being requested is highly relative
to the hourly rates which are applied to the hours. I have decided
to use the originally contracted hourly rates. This resultant fee
w311 be substantially below the amount arrived at using the current
hourly billing rates which our office has now in place. The differ-
ence in fee comes to approximately $3900.00. Outlined below is a
comparison of the original and current hourly billing rates for this
office:
ORICIN-,L CONTRACT RATE CURRENT RATES
Principal $50 per hour Principal $65 per hour
Supervisory $45 per hour Associate $55 per hour
Tech. I $35 per hour Tech. 1 $45 per hour
Tech. 11 $25 per hour Tech. II $35 per hour
Using originally contracted rates (from Contract dated February 10,
1981) the total statement for time expended beyond the Contract
expiration 3s $13,995.00.
Mr. John Orr
Palm Beach Gardens Community Center
January 27, 1993
® page three
We are all quite proud of the completed Community Center and hope
that the feeling is shared by the City. We feel that the overall
course of this project has been a successful one and have enjoyed
the opportunity of serving the City of Palm Beach Gardens. I will
look forward to your reply and understand that the matter may have
to be reviewed and determined by the City Council. If there is
anv additional information which we can provide, please do not hesi-
tate to contact me.
Sincerelv,
J HN GLID1)
Arc itect, A.I.A.
JG /lkn
cc: William Brandt, Esq.
E
C
�J
11
Oliver & Glidden Architects, Inc.
20JO Falco Beach takes Bouievord
Wesf Pcim Brach Fhrnde 33409
(305, 6nG_68A1
January 27, 1983
Mr. John Orr, Manager
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
RE: Palm Beach Gardens Community Center
Palm Beach Gardens, Florida
Job No: 8103
STATEMENT FOR PROFESSIONAL SERVICES RENDERED
for time expended from Aug. 11, 1982 - January 21, 1983 _
(Note: Disregard November 3, 1982 statement)
CONSTRUCTION ADMINISTRATION (beyond Contract ex?iration)
Principal's Time
683-, hrs. @ $50.00 per hour $ 3,425.00
Employee's Time
302 hrs. @ $35.00 per hour 10,570.00
TOTAL DUE i'HIS STATEMENT $13,995.00
Thank you.
me-nbPr Of the Crnerican insHfU1e Of G'rchI fecfs and Cpl a?liCCl 1pr Certifeed by ncarb
CHWer & (Aidden Archifects, 9nc.
,, ^_OCR L Qom !t°o:il LC,.C; �oUh,,orJ
FI-rIJc 33409
March 30, 1983
I,r. John Orr
City Manager
Cite of Palm Beach Gardens
10500 .north Mlilitary Trail
Palm -�acr Gardens, Florida 33410
F.^: Palm Beach Gardens Ccmrunity Center
P ,lr% 'each Gardens, Florida
Job N : -_� er 8103
Daar Jor.n:
rs _ L ested by the City Cocncll a ,
last Th-srsday night's meeting,
i I -,vespent some time reviewing all of �,hc services re, ce--t by
oar office in the 1as4 27 month. _.._re have been a significant
cf _ _ r, ec cnnered ,._.l ch ,,ould fa 11 u:;der _ category of
r:cdl +yonal Sc! •,-I ccs" and be sub jcct to additional cb7^,pcnsat:lon
_n rye- the con_ra _ t. The enclosed tl e
r"�° ou 1n c•ili ic:�:�tify those
ser " a- �•e11 ac :=omc' Of t: e s lecifz 4
� c asz:s in,,o1�-ed nc the
:soc tc'd r, i:oi.rs anus b7 1 2 �.ng rates in the tat_egori es of
Pr,nc __al" "F.ssoci�te" Tochrlcal. Er- :Ioyec "
1 a;lU m CCn771Ca1
lo,�cc II" _ 7 h-' e also the c f; etches in billing
f — :1131, r. ,. Lo the
,n c-,z the con--
.._ _c z wrpn and ccnc t? ons on Auaust 0, 1982.
... -a_ -- -r_- of of d_tional killing result in a rotal rec _st
f:o " Q4.0G. U s .`i3Ouie obinvisly e:.cccds the oric_1 ;all_;' rc:-
_ ^,o nt of W naa. T 0.111 be h ay to ,act ` v �� with you
thI F ti to hlcuqs this in further detw 1 so it can be
ces lved Lo the C,ty's ;11 ,:ac en. ?:ca e call me ns soon as
!-=,-c e 1, r d t h
Oliyer & Glidden Architects, Inc.
IC'�CS i�OulCvord
Marcl� 29,
Palm Beach Gardens Community Center
OF P-DDITIOEdnL BILLING
I_ n %'�.'111C:,r.L SERVICES
71- CD' :Ui:ITk' POOL:
Our office was involved with
--merous efforts to establish
thr. A_ „al location for the
Cc^ �nity Pool, which was not
a :�Grt of the original design
vrocram. These studies in-
volved detailed analysis of
the possibilities for sani-
tary waste line connections
to the existing sewer as well
s considerations for future
ex ansion on the site_ Sev-
eral site Plans were complet-
ed.
rin Ass,,: Tech I Tech II
4
b 2 7
consulted with Divosta's
architect in an attem;�t to
establish design continuity
bct:;eer; the CorLmunity
Cc.,tcr ,u-;ldar.q and the pool
4 4
r�vzllton building. we also
r_vIcwec in detail the final
pool n':n= anc,as a consul an
5 2
or the ci ty, rnade _- ccc-nenda-
cions for ^mprovcrments and
corizrac'cual Pitfalls. It be-
cur rest rL"'_bi li ty to
for water and
sewer connections to the c ^ol
2 4 4
ccm-lei as well as coordiLaz-
anc =he necessary code requir-
1 2
ed iLrR na within our area.
l darf_c':: 1 graphics and sign -
ace relative to the Pool were
2
mie-Fr %r of Gt OriCC n rlStiiUte Of, Orch)tects and
quollfcetions cer'�3`ed by ncorb
Parch 29, 1983
Page T1;O -2-
Additional Services - Continued ?!in
Assoc Tech ? Tech 71
handled by this office.
After the pool had been
constructed we determined
that the location had been
chsnged from the original-
ly approved site plan
which was provided to us
2
and modifications had to
be made on drawings and in
the field to re- establish
the alignment of the walk-
way from the front dropoff
area to the pool.
Subtotal 21
20 11
}:$55
xS35 x$25
$1155
+ $ 700 + S 275 = $213D
B. 1•:�.:TI.:G POOH /TnEi�TR�•
FP.CILITY:
The design program changed,
ca]ling for the mect:ng
room }_o }ie Capable of hand-
ling perforaances b%
to -atre groups. Th1s
chance involved adding ad-
ditional height to the
space, carefully studying
lighting angles for the
elevated stage, evaluating 3
9 4
possible sloping audience 2
2
seating, two or three 4
4
meetings with Hank Gonzales
to coordinate specific re-
c+iire.-zents, the addition of
dressing roo. ^,s behind the
stage, and the studies of
additional exiting and en-
Lnces to the stage area 2
2 4
from the outside for set
rnE,tcrial and people during
�= : -forr„ „arses.
01_ vr. r 1. G_- idden r e ta_ ned
`c E_rvices of Bill Jolliff
for lighting and stage con -
sultat,on in the amount of
4 $ 450
"550.00. Our m�- chanical
' :na ;r. -r_-rs had to design and
prcvl�e aItcrnat bid items,
s..ch _ special air con^ �-
ioninc: system that would be 4
4 3
nec,ssary for the additional
heat loads g,�nerated by
state lighting. The elect-
$ 600
u
In
arch 29, 19F3
Paae Three -3
nQdl LlOilal Servi -es •- ContiItced
rical engineers had to
complete special research
and provisions in the
drawings for additional
communications systems
and electrical systems for
future theatrical lighting
Suctotal
Prin Assoc Tech T Tech I--
6 4 _
31 15
Y. 35 _x.25
S 160 + $ 375 = 51385
16 10
__ 10
26 10
xS35 x$25
$ 91 b— $ 250'— = $1490
- -- 4
4
x$35
$ 140 - $ 665
x.555
$
825 +
C. :iOD FICATIONS TO A � ROVED
S7TD DF,1NAGE:
Cen=idering the impervious
coverage of only 16 -18% or
the 5_te and teased upon
the initial intention of
Glstur})ing as little of
the site as pcss,ble, cur
o_fice ,uh7nitted a final
drainage plan to the City
was approved by both
toe Pudding Department as
�-C11 d-S t;c City EngLL nee".
SubseCUently, at a -re-
construction conference
ob;ections were raiced to
the concept of utilising
c,^. -site areas for retent-
ion of tore water drain-
age required by South Flo-
Water Manacement Dist-
rict- At that point, we
bccan to study numorous
design solutions, retained
t ^e services of an addit-
6
ional ergineer, Howard
S'_ar Cy' for cc ;ult dtlon,
and Dreezented Several of
tInc se alternctive solutions
to t.•_ genera-' ccr-t. ctcr
f0 1-- -lcinc while we priced
then oat on a Fp r to
6
b_s in' :e�:enccnt_1y. Fi;. ,;555
all:', . ;e t,et on
nc- :aSSicns with :'r. Len
Iirdah� the C1 `VS ..rci,.
cer, to effect a final
3 3
sc, _or, which we uIt:i tc-
1 }' ri:CC, ith the ce- _. al
ccntroctor in Order to
cc-^e *:o " _.' nal o rice-
1 4
Su: _o .a1
-4----7
e x_$65
x$55
$4
19d $385
6 4 _
31 15
Y. 35 _x.25
S 160 + $ 375 = 51385
16 10
__ 10
26 10
xS35 x$25
$ 91 b— $ 250'— = $1490
- -- 4
4
x$35
$ 140 - $ 665
March 29, 1983
Page Four -5-
® Additional Service:, - Continued
Ll
KI
Prin Assoc Tech Tech it
D. LANDS CAPE /GRAPH ICS /SIGNAGE
C^SIGN:
Our office volunteered to
be responsible for $3,000.00
of the graphics and signage/
landscape design work which
would not be considered a
service under out contract
as ir�u_cated in Article 15.5
dnG 15 -G .
E. iNTERIOP DESIGN SERVICES:
Since the City elected not
to retain the services of
an anterior designer to pro-
vide coordination and selec-
tion of interior furnish -
incs, wall coverings, etc_
hur fir,-, ,:arced,
provided these services- On
i:c.c per 15, 1922, 1 notifi-
ed John Orr by letter that
these services would be con -
sidc•red an Additional Serv-
ice. Some of the tasks com-
pleted by our office includ-
ed the selection, specifi-
caticn pricing and ordering
coordination of furnishinc
items for the activity room,
the secretary's area, the
supervisor's office, direct-
or's office, support offices,
conference room and arts and
crafts room. Design and con -
structocn drawings were pro -
vaded by us for the complet-
ion of ..rk tables in the
arts and crafts room. The
sta cu: tins (pulled from
oracinal bidl ng) were coord-
inated L r;d ordered by this
o`fice,i.-r.olvinc n mierous
reef n,:s and follow up calls.
]3 1- S
X(!; x55 x45_
1L70 +660 f 360
TOTAL FOP,. ADDITIONAL SERVICES:
$3,000.
2,190
$11,910