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Agenda Council Agenda 113000
City of Palm Beach Gardens Council Agenda November 30, 2000 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Jablin Council Member Clark Council Member Furtado Council Member Sabatello All those wishing to address the City Council need to complete the necessary form located by the entrance to the Council Chambers and submit it to the City Clerk prior to the meeting being called to order. llgEVESED llIl /29/ 00 CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING NOVEMBER 30, 2000 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ANNOUNCEMENTS: IV. PRESENTATIONS: a. Northern — Unit 2 Drainage Report. b. CH2MHil1— Unit 19 Drainage Report. C. Prosperity Farms Road CRALLS. V. CITY MANAGER REPORT: a. Municipal Complex Change Orders. VI. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit request card to Clerk prior to this Item) VII. CONSENT AGENDA: a. Consideration of approving Minutes from the October 11, 2000 Special City Council Meeting. b. Consideration of approving Minutes from the October 16, 2000 Special City Council Meeting. C. Consideration of approving Minutes from the October 19, 2000 Regular City Council Meeting. a d. Consideration of approving Minutes from the November 1, 2000 City Council Workshop Meeting. e. Resolution 107, 2000 — Viridian Office Building Plat. Consideration of approving the Viridian Office Building Plat. f. Resolution 109, 2000 — Art Advisory Task Force. Consideration of Reactivating Municipal Complex Art Advisory Task Force. g. Resolution 110, 2000 — Consideration of authorizing an application for a Florida Department of Transportation general use permit relating to the construction of sidewalk improvements within the FDOT right -of -way adjacent to Oakbrook Square and authorizing execution of an Indemnity Agreement with the owners of Oakbrook Square. h. Resolution 111, 2000 — Statewide Mutual Aid Agreement. Consideration of approving the Statewide Mutual Aid Agreement with the State of Florida. i. Resolution 112, 2000 - Consideration of declaring Asset #9515, Rescue Chassis, a surplus asset. j. Resolution 115, 2000 — Golf Digest. Consideration of approving the Golf Digest -Jog Road (aka Mirasol -Plat One) Plat. VIII. PUBLIC HEARINGS: IX. RESOLUTIONS: a. Resolution 85, 2000 — Job Classification and Salary Plan. Consideration of adopting a Wage and Compensation Plan for job classifications for the Personnel Program of the City of Palm Beach Gardens. b. Resolution 91, 2000 - Fire/Police Station (Petition # SP- 00 -12). Consideration of approving an application from the City of Palm Beach Gardens for a site plan for an 8,620 square foot Fire/Police Station that will include a 3,363 square foot Fire Station, a 3,448 square foot truck bay, an 1,809 square foot Police sub - station, and a future 4,500 square foot training facility in Phase 2, located at the Northeast corner of Howell Lane and Northlake Boulevard; and providing for conditions of approval. PULLED C. Resolution 93, 2000 — City Center Linkages Plan. Consideration of approving the City Center Linkages Plan to serve as one of several mitigation measures designed to alleviate the impacts of the proposed and modified designation of Constrained Roadway at Lower Level of Service (CRALLS) for PGA Boulevard. f d. Resolution 104, 2000 — Construction of Equipment Shelter. Consideration of authorizing execution of an agreement with Motorola, Inc. to build a structure to house radio receivers for Public Safety radio communications at Seacoast Utilities. e. Resolution 108, 2000 — Appointment to Fire Pension Board — Ken Altman. X. ORDINANCES: (For Consideration on First Reading) a. Ordinance 34, 2000 — Fire Pension. Consideration of amending Chapter 38, Fire Prevention and Protection, Article II, Fire Department, Division 2, Firefighters' Pension Trust Fund, of the Code of Ordinances of the City of Palm Beach Gardens; amending Section 38 -51, definitions; amending Section 38 -78, Supplemental Benefit; Chapter 175 Share Accounts. XI. ITEMS FOR COUNCIL ACTION: XII. ITEMS FOR DISCUSSION: A. Joint Meeting with Planning Commission December 12, 2000 — Legacy Place. XIII. ITEMS & REPORTS BY MAYOR AND COUNCIL: XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Department, no later than S days prior to the proceeding at telephone number (561) 799 -4120 for assistance, if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based IV. PRESENTATION b. CH2MHill — Unit 19 Drainage Report • a M E M O R A N D U M WATTERSON, HYLAND & KLETT, P.A. To: Carol Gold, City Clerk From: Leonard G. Rubin, City Attorney Subject: Municipal Complex Change Or rs File No: 319.072 Date: November 3, 2000 Per the Council's direction at the November 2,.2000 meeting, the Municipal Complex Change Order items should be included under the City Manager's report on the November 16, 2000, City Agenda. Please include the attached information as backup for that particular item. Should you have any questions relative to the foregoing, please do not hesitate to contact me. PACPW i n \History\001017A\AB E.A7(scw)(319.072) • 0 M E M O R A N D U M WATTERSON, HYLAND & KLElT, P.A. To: Hon. Mayor and City Council From: Leonard G. Rubin, City Attorney Subject: Municipal Complex Change Orders File No: 319.072 Date: October 30, 2000 In accordance with the City Council's request, attached please find for your review and approval: • Change Orders 1 OR, 11 R, 12, 13 and 14 (and all supporting documentation) • Application and Certificate for Payment. All of these materials have been reviewed by Ray Casto and Bill Mignogna of O'Donnell, Naccarato & Mignogna, Inc., who recommend approval of same. As indicated at the October 19, 2000 meeting, these Change Orders are the result of extensive negotiations between Suffolk and the City to resolve all outstanding issues relating to the construction of the municipal complex. The Council deferred consideration of these Change Orders until such time as the City staff could provide the Council with all of the necessary documentation. Should you have any questions relative to the foregoing, please do not hesitate to contact this office. cc: Stanley D. Klett, Esquire Ron Ferris, Interim City Manager Kent Olson, Finance Director PACP W in \History\001017 A\A$E.AO(19r)(319.072) a� • • • a-- r1\ ©- _)W10) M E M O R A N D U M To: From: Subject: File No: Date: WATTERSON, HYLAND & KLETT, P.A. Hon. Mayor and City Council Leonard G. Rubin, City Attorney Municipal Complex Change Orders 319.072 November 2, 2000 It has come to my attention that a number of proposed change orders ( "PCO's ") identified in the chart prepared by O'Donnell, Nacarrato and Mignogna ( "ON &M ") are not sufficiently described. While all supporting documentation was included in the packets prepared by ON &M and distributed by this office, I have prepared the following list to aid the Council's consideration of the change orders: PCO No.: Description: 113 Reroute roof drain (City Hall) 116 Panel (flush mounting) covers 117 Patching (Fire Station) 118 Police station thermal envelope 125 Additional outlet (Fire Station) 148 Revision to mail kiosk 150 Change doors to storefronts (Police Station) 155 Added dampers 157 Computer floor grounding 158 Master door control system (Fire Station) 159 Additional conduit and power (City Hall) 161 Elevator disconnects 167 Power to security cameras (Police Station) 173 Add base (Fire Station) 188 Add smoke detectors to elevator (City Hall) 192 Extra mechanical room door (City Hall) /Change stairwell door (Police) 201 Finish floor with concrete stain (Police Station) 211 Revised access to mail kiosk 216 Re -key all buildings 218 Miscellaneous exterior painting 220 Change circuit breaker for elevator 224 Extended general conditions subsequent to 2/10/00 225 Request for railing removal 227 Projection screen relocation 230 Electrical changes (City Hall) 0 Hon. Mayor and City Council Page 2 November 2, 2000 233 Miscellaneous extra painting 234 Additional elevator operator 236 Insulate ceiling of Council chambers 240 Miscellaneous framing and duct work (Police Station) 242 Additional changes to Council chambers ceiling 244 Electrical revisions Should you have any additional questions, please do not hesitate to contact this office. cc: Ron Ferris, Interim City Manager PACPWinffstory1001017A1ABE.AO(Ig r)(319.072) • • 01DONNELLr NACCARATO & MIGNOGNA, INC. October 30, 2000 Mr. Stan Klett Watterson, Hyland & Klett, P.A. 4100 RCA Boulevard Suite 100 Palm Beach Gardens, FL 33410 RE: Palm Beach Gardens Municipal Complex Project No.: 998.001 WILLIAM C. MIGNOGNA, P.E., PRESIDENT DWAYNE R. JACKSON, P.E.. ASSOCIATE We have reviewed the following proposed change orders and have commented on each. We recommend payment of the attached `Contractor's Application For Payment'. Please find attached enclosed list. Please feel free to contact us if you have any further questions regarding this project. O'DONNEL, NACARRATO & MIGNOGNA, INC. William C. Mignogna, P.E. President CC: Len Rubin Kent Olsen Jack Hanson 321 15TH STREET • SUITE 200 a WEST PALM BEACH, FL 33401 • 561- 835 -9994 • FAx 561 -835 -8255 • WWW.ONM.NET PHILADELPHIA, PA • 215 -925 -3788 • O'DONNELL, NACARRATO AND MIGNOGNA, INC. 'PCO# ,ORIGINAL APPROVED COMMENTS rResponcibilty , ARM( 1NT Alifini 1NT 0 -4— 150 3,421.00 669.00 'Equipment as specified would not fit in one box ADG 61 3,458.00 1,518.00 Drawings were inconsistent ADG 63 7,812.00 7,812.00 Not provided for on drawings but required by ADG 94 6,905.00 3,715.00 Seacoast ADG 64 7,829.00 7,829.00 Original documents did not provide hurricane glass in ADG 97 6,900.00 6,900.00 fire station ADG 75 50,871.00 20,338.00 Required by Bell South Outside agency 779 13,186.00 13,186.00 Original drawings would not work. Engineer came to rADG 105 1.023.00 1.023.00 site and relocated. PBG 82 - 3,296.00 - 3,296.00 Non- galvanized interior door frames for Police Station PBG City 84 1,814.00 1,300.00 original design would not work. ADG 86 13,040.00 13,040.00 Contract allows for increases due to outside source. 88 _ 4,328.00 2,715.00 Design was for plastic boxes in sidewalk of the sports complex - due to delivery trucks going to concession stand - they broke. Arch, did not 'anticipate that .own .r wot ,Id driv . . 90 11,721.00 11,721.00 Grades were wrong on drawings. 'ADG 93 - 4,318.00 4,318.00 Delete tae in police station j PBG 94 6,905.00 3,715.00 Drawings show transformer. In middle of driveway - extra is for additional wire and labor. ADG 95 21,468.00 13,954.00 Install feeders, no design was provided. ADG 97 6,900.00 6,900.00 1,600 L.F. of wood blocking ADG 100 1,863.00 1,863.00 Water rerouting in city hall PBG 1 103 1,244.00 1,244.00 ]No masonry wall was shown in drawings. ADG 105 1.023.00 1.023.00 (Remove north wall of Filesistorage 134 PBG 106 198.00 198.00 City hall Room 127A -Chase North Wall Deletion PBG 109 1,142.00 1,142.00 Required fixture mounts in Police Station I PBG 111 9,266.00 9,266.00 Relocation of score keepers boxes and conduits to new location at ball fields PBG 112 440.00 440.00 Installation of additional chase per RFI #442 i PBG 107 3,198.00 2,729.00 Roof drawings as designed would not work. P.S. ADG 113 3 1 An nn 1 735 no Same as 107. C.H, 118 114 1,481.00 1,481.00 If installed as drawn - ceiling height would have been ADG insufficient for use as physical agility room. L 115 17,587.00 17,587.00 Change by architect. ADG 116 -117 3,026.00 3,026.00 Requested Ernie Carr. PBG 3,062.00 3,062.00 Required by building inspector. PBG 118 608.00 608.00 Required by building inspector. PBG { 119 13,518.00 8,432.00 Ceiling plan as drawn had hallway ceiling varying from ADG 8' + to less than T. 120 4,959.00 4,959.00 1 st location was not large enough to accommodate ADG equipment. 121 264.00 264.00 As designed, wall was not deep enough to hold panel. ADG 122 1,269.00 1,269.00 Design did not allow for ductwork. ADG 123 -63.00 - 500.00 Changed ceiling to accommodate four (4) access ADG 124 2,276.00 2,276.00 125 1 576.00 1 576.00 pane . Door schedule incorrect. 1ADG by fire department Page 1 of 4 O'DONNELL, NACARRATO AND MIGNOGNA, INC. I ,PCO# ORIGINAL APPROVED ,COMMENTS Resooncibilty �•A.1 \IT \•A.. \IT 126 8,712.00 3,448.00 ';Not shown on drawings. No detail shown as to how to ADG 151 2,277.00 2,277.00 aground. �I 1127 1,675.00 1,675.00 ',End walls against glass window. + ADG 128 - 2,500.00 - 2,500.00 Credit for pond foundation PSC 174 i 13,101.00 13,101.00 *Revised Finish Schedule for Susan Bardin P&L 1130 131 103.00 103.00 Per PR #27, to delete scored concrete at 3 areas per PSG 447.00 447.00 Install two additional bogards to protect relocate fire drawing from Ray Castro PSG 132 2,651.00 2,651.00 Ceiling schedule and light fomue schedule in conflict. ADG 133 3,363.00 3,368.00 Revised Trench Drain System to a Fiber glass Drain. PSG, 151 2,277.00 2,277.00 radius pieces with PVC grating ADG 134 1,053.00 1,053.00 Field modification to platform rails in Police Station I ADG 135 35, 000.00 12,985.00 Driveway as designed would not allow largest truck to ADG ADG 174 7,767.00 bum. necessary to meet code. No specs by ADG 136 4,142.00 4.142.00 Addition of GFI Devises to fight poles in Plaza PBG 137 447.00 447.00 Install two additional bogards to protect relocate fire PSG PSG sprinkler riser 138 2,285.00 2,285.00 Relocate door to Evidence office#144 into Evidence 11 PSG Prep #143 141 481.00 481.00 Ceiling schedule and right fixture schedule in conflict. ADG 142 3,993.00 ' 3,993.00 Install fire sprinkler heads under the overhead doors in Code Required the F.S. Apparatus Bay 1143 251.00 251.00 Core drilling for city hair- PSG 144 3,166.00 3,166.00 Request for addition plywood for telephone backer PSG board in Police Station 145 3,166.00 3,166.00 Request for additional plywood for telephone backer PBG board in the Police Station 146 18,401.00 18,401.00 Various electrical changes in the Police Station and PSG City Hall • 147 5,298.00 5,298.00 1 Interior revisions in police station. PSG 148. 9,526.00 9,526.00 Required by city. PSG 149 12,163.00 12,163.00 Design caged for residential hood -fire department ADG required hood with ansil system to meet code. 150 1,715.00 1,715.00 Requested by E. Carr. PSG 151 2,277.00 2,277.00 Required to finish top edge of concrete. ADG 155 965.00 965.00 RFI #493 ADG 156 1,535.00 1,535.00 Building elevation & plaza elevation in conflict. Ramp ADG 174 7,767.00 7,767.00 necessary to meet code. No specs by ADG ADG 157 8,945.00 8,945.00 Required by equipment manual. ADG 158 10,013.00 10,013.00 Requested by fire department. PSG IJJ LV,J/ J.VV ;W, V. I ' !"UV 161 1,727.00 1,727.00 Required by code. 1ADG 11167 929.00 929.00 Required by E. Carr. PBG 173 614.00 .614.00 Not shown in drawings ADG 174 7,767.00 7,767.00 As drawn, ceiling would have had numerous access panels. ADG 178 3,637.00 3,637.00 Elevations on drawings wrong. ADG 180 30,453.00 15,216.00 System would not work as drawn. ADG Page 2 of 4 224 O'DONNELL, NACARRATO AND MIGNOGNA, INC. 119,801.00 ,PCO# ,ORIGINAL APPROVED COMMENTS ,Responcibilty , Required by city. AMOUNT AMOUNT 5,876.00 Partv 181 315.00 315.00 Conflict between reflected ceiling and right fixtures ADG Required by city. PBG 229 schedule. 1 182 306.00 306.00 Temporary cylinders in P.S. & C.H. PBG 183 27,175.00 0.00 Work not performed. 195.00 187 4,926.00 4,926.00 Required changes to city managers office area. PBG 188 1,282.00 1,282.00 Not in drawings. Necessary to meet code. !ADG 190 711.00 711.00 Revisions to city hall waft. 1PBG 192 1,289.00 1,289.00 Required by Hanson @ Carr PBG 201 462.00 462.00 Required by E. Carr PBG 211 3,707.00 3,707.00 Required by city. PBG 212 4,786.00 2,393.00 Remove debris from move in. IPBG 213 22,746.00 22,746.00 Various field changes in police station. PBG 214 40,239.00 40,239.00 Various field changes in city hall PBG 215 5,042.00 5,042.00 Required by errors in drawings. ADG 216 7,097.00 7,097.00 Required by city. PBG 217 5,206.00 5,206.00 Errors in drawings. ADG 218 420.00 420.00 iRequired by city. PBG 220 1,644.00 1,644.00 Required by code. ADG 224 295,410.00 119,801.00 Approved tq Len Rubin,—.4� G 225 1,876.00 1,876.00 Required by city. PBG 226 5,876.00 2,500.00 Labor for cleaning & moving attic stock. PBG • 27_7 2.331.00 2.331.00 Required by city. PBG 229 2,673.00 2,673.00 Electrical changes in fire station. I PBG 230 8,793.00 5,703.00 Required by city. PBG 231 195.00 195.00 Required by city.(railing at police station) PBG 233 802.00 802.00 Required by city. PBG 934 1 1 8 1 nn 1 i R l nn I To facilitate move in. p R f. 240 6.302.00 6.302.00 i Required by City PBG '241 2,044.00 0.00 1 j242 6,110.00 3,652.00 i Required by city. PBG 243 5,025.00 4,000.00 i 1. Rio -8ak time & material charge and tree removal ADG approved. 2. Charge for lower invert on north side os structure #26 approved. Work was completed as per request approval 244 3,282.00 ; _ 1282j)0 Work was completed as per request approved. `pBG 245 18,981.00 0.00 Glass replacement, 65 pieces of glass are not within GC industry standards. PCO 246 123,180.00 0.00 Future paving proposal was submitted to the city GC council in consideration and they did not approve it. 247 6,689.00 6,689.00 Repair of communications cable completed 3/18100. PBG .248 49.744.00 30.460.00 +Civil revisions to the police station and city hall. -ADG 249 447.00 i 447.00 Tree stump removal approved by city. PBG 250 2,546.00 2,546.00 Extended fencing rental extension was required and PBG approved. 0 251 1,368.00 1,368.00 ISurvey for mad kiosk approved per city, Jack Hanson. PBG Page 3 of 4 I mI 1 • • • O'DONNELL, NACARRATO AND MIGNOGNA, INC. PCO# ORIGINAL AMOUNT APPROVED AMOUNT COMMENTS Responcibilty Partv 252 12,339.00 6,750.00 Sewer fine under Bums Road, this PCO is not approved. A different way to complete this job and is proposed and being looked at by Tim Messier, Seacoast and Jack Hanson at the Palm Beach Gardens Building Department. ADG 255 4,585.00 4,585.00 Additional fire protection ADG 257 19 678.32 19 678.32 irrigation and drainage PBG 258 7,815.50 71815.50 Remove & replace epsting hinges PBG 260 2,478.63 2,478.63 Additional type v' axbs PBG 261 563.95 563.95 Touch up paint at Police Station PBG 263 - 37,645.00 - 37,645.00 Credit for Landscaping PBG 5,350.83 5,350 8 Stamped Concrete p. 265 25,000.00 15,353.27 Miscellaneous drywall changes ADG 4,356.73 PBG TOTAL 1,152,026.23 652,273.23 INegotiated Savings 499,753.00 Page 4 of 4 i i y � n � 1 3. 8 1yS O y �I n 2 N i 0 • • OCT -17 -2000 TUE 05:53 PM i J P FAX NO. m� O Q Q n� O _ OR �� C ^ Ln H C 4 ?1 •L A n i Re b M z O E i3 p YYLL n� t. CJ N C1 o.m O—. ii � �. A � < i� 7 r 00 m CD S y, O n• O W• C 7• I/J i � C � � n � FI. 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N O -1 O V1 a cc' n N n 06 cam-, >0000 �o�3So ogiov o °u cniv000 bo V o a c+ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 u N �oao� N G> (+. m V O O O iA N p V O O O tw O O Cl O o G O co, U o o 0 , 0 0 0 ( u o [: o 0 0 0 C O �S' O O O O 00 G U n n 8 C+ 0 0 n o n o 0 0 J J O O o o O po O 0 0 0 0 0 0 6 O O O O O o 0 u ci O v O fr O 0 0 c'. r . 0 0 0 0 O G O o 0 0 0 0 0 0 0 0 0 O O o 0 0 0 0 O O 11 11 O G O O 0 o O 0 0 0 v 0 0 C. 0 0 0 O 0 G O 0 0 0 a m x P. %/.I is S S M m m 2 rA N � C O 2 v� D � v v D D m Z D O O O 2 2 = m y D C =m� z � O V O jl 0 0 a m C O n Li m C m r- LA b, m f0 N a. 0 u O G a � � O � n N n O O V O n 3 N .e m m f" v � O u G 6 O m 1 OOOc^M 2 p '4 r 000 t- <f10 f1 v O D c 0 m Dyor -+ W fT O .O N O. m O O 41 O O n P at Q C0i <; O _ rD fl _T5S = in 0 0 0 m 1 O -t 2 0 C. C. m P. %/.I is S S M m m 2 rA N � C O 2 v� D � v v D D m Z D O O O 2 2 = m y D C =m� z � O V O jl 0 0 -OCT -17 -2000 TUE 05:54 PM FAX NO. <s ti _ [ V iQ b v+ ot_� m ?1 C1 fZ OI b T ^. x T .�'. N m p op t� n Is 0 tr m i R1 m m /i t11 o 4 51t -4 a JD• �T m h I In = t6 H 6 m � �i r. r c= c= p C G O h N N m N m m m 0 0 M m r 7 m 7 m N C a is ` 1 Q 1 O p o- A N n A .b w ? O O fll ° o m w3wm xG$ gmso.0C., a .s�- n r d O m zr m ° - IY�r aL b � f �, pp m an d 1. N to + m V N Ln N N i' m° N to m 1- v N (1! J 4 m O Li W V /J rl iw in G O O Ui m Gl u J W V 0 0 l/1 W A N m O C O O in C C N O to Js C C O O Tn �� ]i X r C, 0 0 G V O o 00 0 0 0 0 0 0 -+ O O O G O O O 0 0 O C: 0 0 0 V O O V z P. 10/9B m A s O m z T f- 0 O a o =I� iT 00 Q u 0 0 0 O O O G.. O O O CJ 0 0 0 0 C. 0 0 0 0 0 0 O <s D m m m m m 0 0 M m r O j VI O o ca W O V O p O p o Vt In 0 0 O O O O W -1 C. v O O o o 0 0 0 0 YI O O O O O O + O O O O O O O O O O O O fll ° 7s V b � f an d 1. N to + m V N Ln N N N to m 1- v N (1! J 4 m O Li W V /J rl iw in G O O Ui m Gl u J W V 0 0 l/1 W A N m O C O O in C C N O to Js C C O O Tn �� ]i X r C, 0 0 G V O o 00 0 0 0 0 0 0 -+ O O O G O O O l7 0 0 O C: 0 0 0 V O O V —10 2 T i, U h O O c) Cl 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ca ° m 0 o y 0 m T oon ti Z Z en n D D oc•a 00000 oa 00 o 000 000000 0 0 00 0 <N O =? n IwN�ai° ® j 3 O CA v OpDVO m �t..� n1 m D IJ Ol -J 1. w w 0 W v N 1 m o O O 0 0 lT W L N m W �_ tJ1 O to A -� + r m P L V` ^ L O� Lt A tJ C, V W n i1, Ut 0 0 0 8 W -! 0 0 0 0= 0 0'0 C �O -n m° m — n A C p 0 o U a u G G C, 0 C. 0 0 0 0 0 0 J p O O 0 0 o p O Q a a -� 0 l� 0 0 0 0+ 0 3 0 0 0 0 0 0 0 0 0 ° m m � Z D N + O a �� f^ n U O n K1 0 0 0 O O O O O t7 of n Cl o 0 f'. n Pl n C, 0 O O O n O O m O O O O O d U a N (7 0 .d tD O _ rD f1 D m 1�zzz — N m o =I� iT 00 Q u 0 0 0 O O O G.. O O O CJ 0 0 0 0 C. 0 0 0 0 0 0 O fl O X R. 11/18 ric m m S Z Q m m z N oz a OCT -17 -2000 TUE 05:54 PH FAX NO. < S m Vl� m A�()o G7 m S?1 pA m S ro�2 O➢ 0 Y�rS V V mo V on 0, D J+ + �+ C7 w ii — ES 3 „ r3' x 6 C 8' 3 6i r y== ri Y w b v o _ V W W m N w N C u q N+ O q V J Q+ a O W 0 m O o 0 0 N W O O V CA m C! o m A O Y W O N1 m m w O m T 3 F- O o m cu c. 0 0 0 0 0 S .( m o+ O o 0 0 o o ./ o m 0 o 0 0 0 0 0 0 0 0 0 0 (. o 0 0 0 p �. to u D T M a c m ? T -n � O v. r �s b r y �1 N J• m N m 5 0 N-� O • O OI N a In n fl O X R. 11/18 ric m m S Z Q m m z N oz a I < S D J+ + �+ ro(7 C3 p V V A .+ OI q r N .a N _ V W W m N w N C u q N+ O q V J Q+ a O W 0 m O o 0 0 N W O O V CA m C! o O O A O Y W O N1 m m w O m o m cu c. 0 0 0 0 0 o- 0 0 O o o .( m o+ O o 0 0 o o ./ o m 0 o 0 0 0 0 0 0 0 0 0 0 (. o 0 0 0 p � O r �s b r y �1 N J• + y ?� N V W 0 N-� O • O OI d O W. W a In q iJ 4A v m a t7 o a7 ii. .n O O V �. n v 10 O S pp v O [v V+ G. o 0 o (� m O C - rn « X 0 0 L7 O c.i J V+ CJ O 0 0 0 0 O A O O 0 0 0 0 0 ~ Z x I- N N 9 m m .. Wo p � ° O 0 00c) 0 0 0 0o 0000 0 00 00 oo °coo 00 0 ° D °�mZo,+ m°i�y - -°�i �2 -aa C v� O O O u 0 0 0 0 0 0 C. 0 0 O O O O O C. 0 0 0 0 O �� o 'C N C :C Z z u X 1 C n c �KmC, m D m o m D s Z U1 CI N .. O Q. V .-. V7 N a O W Q. O 41t m u 01 Gl O O N NI N+ tp N "'( r .AI m rn o m G ") ii o 0 V m O. a lJ m O m L A i fl Q Ip U. N n V Ca C, N V of U+ O pp s O v 0 O W > ti C (n m O O O m ao C O o O C m m C C• O O O J+ V V 0 0 0 0 S O A 0 0 S O S O O O lJ U Z N -1 _ G1 { oo K u o N O OO u S S S S v 0 v S 4 Ca v Cl o O G G Q D'•i'zYa. e. V (y u O oa n T � z S 0 o v o 0 0 0 0 0 0 C. 0 0 0 0 0 0 0 0 Cl 0 0 0 0 0 0 S m z o D n o O {) n n 0 0 C. 0 0 0 0 0 O 0 0 0 Cl 0 0 0 0 0 O 0 O m I -OCT -17 -2000 TUE 05:54 PM FAX NO. Z o w m go w C?'V X Zs �'� g �+ d'i"'. ?9 A m fn R 328fz o•2° Im„ C R m. Qo R m W T d 7 R„ l$ r �_ u Z N Z N M C N N W d 01 �1 C Fn N 10 •"1 ^ : 7 n�; sue. �, N u �: C. 0 47 7 c A 7 0 o OW ry ; w m ' D 7 7 7 N C r o N D N m N r Gs rn < N m D 1t W O Z -fl O ; O m N 9 O z OO cT C xv P. '12118 v b D m mm DY Y O C m m N N T O z 2 � n C b D y r 0 r. V 9 0 0 O Q tJ 0 0 0 0 0 0 0 O 0 O O o p 0 0 0 O O O CJ O O O J 0 N U tp V a a N J r r N N r N U N V P w r .► N N J N C m r m N G O Q J O O V O T V V 4t �1 fJ A vl O ,O m 0 0 p p np e1 O O A m U J lJ a 0 0 fC O V r O O O O O O O O O m O O m p W a O O Cl p O O O O p m 0 O G O go C m y Cn < ul rn .. 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V N (b O a V a (a N N m � '� m O� r ii '= Z O -J [J GJ i• ; n C•> Oqq OG'� o O spa O O c7 n} G•� t7 pp pO pp O In Op oC pC T m p m m O C: �� O V U V O O V O G O O O O O > P4 0 _ _ C7 u o w r c+ C3 o c� o o g n n n o O o p p p 0 0 0 0 0 0 0 0 A O �: r F u U t a O V O O C� F O Q O U u 0 0 0 0 CS O R O = G .: T i• ., �Y LE .. Z• 1- 54 o i- at zir at .- a` o a a= a^ b 0 i O _ O D n T c�zZS. N n MC G.1 J 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 t'i O O O � y � - ° a - o 0 I N m O C G O O O 0 0 Cl 0 0 0 0 0 0 0 0 0 0 0 0 O O O O G'J O O O O OCT -17 -2000 TUE 05:5S PM FAX NO. pTn : N20w tnO�t'7�(7 (p TuiPTCO17 C C1C)t7f�S[iOTn'«C�C�Oa Oi c � m y r� � p Q � � � p 3 G ? 7 �• 3 � is � n � � � °-�• 7 =� n eC+ ? 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C, D V V O O 0 ao O 0 tNi• V O V V 0 0 0 O 0 O O a U ° 3° _ Da K c V o i n �• r� t• r", ," 0 0 0 0 0 c9 0 C, O o 0 0 0 0 o L• v U b 0 0 0 0 CJ Y 0— 0 0 0 0 0 0 4 c., V 0 0 0 0 0 0 0 0 0 n N i.Y �' : �• Y' L• 6• •"Y . :� i• Q� o• `a• 3= a= i,� T• Zt : a= :• 0 O D DTs eZZ= O u o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a o O o 0 0 0 = m S O o 0 O J t'. — o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C. 0 0 0 0 0 C, L. -OCT -17 -2000 TUE 05:55 PM FAX NO. P P. 15/16 Y 1 p 3> t 1" T. i f p to to A t to A P �• o A �l7 iJ p A b 'n m T T T T '^t `p � '9 ' h A :I x x a r. r tntn Viytii[n�n(n0000000� 9 9 S S 8 s 2 2 T IImIXxS 0 0 00 9?_�m �a :a; u m 0- ft- a vvv� Cfnr•nr_N ca�� ° f1 i�E,- Nrfn ra,r fml � m m o f q.. b v o °i an d m c c d 1 O 2 « o •A O 0 ? w " "VI 3 3 :C �I : <2 •a r r O C C1 r N 6 N �• N NI jib, m+ ..� N+ N V ..� ..� .a • w Ca m u + rC- UY{A A ° VA ° a � N L N -. 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O 3' w smvPo O m v v m C, z 00 � 2 Z C.C>O/C, d < rn m CD m L. y xZ M C o T > N K c O V O N N I O O w O m J 0 0 OCT -17 -2000 TUE 05:56 PM • L FAX NO. N izz00000 nn nu m a r <s O D N N .y 1 .1 D 0 0 0 O r N cT n N m m p '4 r m 'a D Dp 0 C:� vm y n -id❑❑ C F" to _ < y j 2 O Z m D m�. 0 -M" C 2 co 0 N y b 4 in -L 0 ys ys A 70 d O 7. u O rti ❑ b v��mav m m O m m m D =? O � <;0 0 O N x C A W m P. 18/18 J 6 23 N m a r <s O D r w �a To pn m m oow ��'im�emwv C:� n CD C b v i ys ys A 70 d O b v��mav m m m � <;0 0 0 0 0 0 0 0 0 0 0 0 0 x C A W m •- O r 2 C r N � � ra io vmm � n D QQ [�7i N V m •�-i s p J 6 23 N A <s m w �a To pn oow ��'im�emwv C:� C b v i b v��mav m � <;0 0 0 0 0 0 0 0 0 0 0 0 0 x C A •- O 2 r N � ra io vmm QQ [�7i N V m C `y4+ r O Ol N O. 2 .. p a - 9 0 > A r r m O p O u Rat O !� z 4 > c. Ef 0 0 0 0 0 0 0 0 0 0 0< u D 2 Z 00 N N m D m O m D = X •• N N v in oov, r;�o,m m�.,u i� -� �r m p o ca n i.. m a. io= o m G'1 C n C R D w - 0 0 C. 0 -S m 0 O n M qzs N n O O O O O O p O O p 0 = m m o �= D 0 0 0 0 0 0 0 0 0 0 0 m J 6 23 Original Contract Sum was ....................................................... ............................... S 13,132,520.00 Net change by previously authorized Change Orders ................. ............................... S (1,877,569.00) The Contract Sum prior to this Change Order was .................... ............................... S 11,254,951.00 The Contract Sum will be changed by this Change Order in the amount of .............. $ 52,009.00 The new Contract Sum including this Change Order will be ..... ............................... S 11,306,960.00 The contract time will be (inc ) (dee reaseA) (UNCHANGED) by ..................... 0 days Date of Substantial Completion (is ch —nnged to), (reniAin-c the same) ......................... February 10, 2000 NOTE: kris nhmmt ary does ant reflect d=ga in the Contract Suter, Cotmad Time or Guaranteed Maximum Prig which bave been authorized by Construction Charge Directive. Architects Design Group, Inc. ARCHITECT 333 N. Knowles Avenue Winter Park, FL 32789 By_� /(evin tigan President Dke Ot Suffolk Construction Company CONTRACTOR 3801 PGA Blvd., Suite 1002 Add Palm Beach Gardens, FL 33410 0 Date AIA Deeumad 0701 - Chace Order - 1967 EDMON - AIAO - 0 1967 EDMON - City of Palm Beach Gardens OWNER 10500 N. Military Trail Addresa Palm Be* Gardens, FL 33410 -4698 By Date CHANGE ORDER Contractor's Job Number — 9858 t OWNER ■ r ARCHITECT ■ CONTRACTOR ■ OTHER • PROJECT: Palm Beach Gardens Municipal Complex CHANGE ORDER NUMBER: IOR City of Palm Beach Gardens 10500 N. Military Trail DATE: January 28, 2000 Palm Beach Gardens, Florida 33410 TO CONTRACTOR: Suffolk Construction Company, Inc. ARCHITECTS PROJECT NO: 562- 96/2.21 3801 PGA Blvd., Suite 1002 Palm Beach Gardens, Florida 33410 CONTRACT DATE: June 15, 1998 CONTRACTFOR: Renovations/NewMuuicipalCplx. The Contract is changed as follows: Change Orders Number 10, 11, and 12 are voided Furnish as labor. cquipmeat, mnaials, and supervision for the following wort: PCO 082 Neovaysaimd iotaim door fiames for Police Station and City Hell....... ............... ..... _. ............. ................ . ........... ......... .................... (S 3.296.00) PCO 093 Delction of .;c wall and Goer We in Room 235 ............... ................... ..... _ .... ......... ..... ........ ........................... .............. ...... (S 1.318.00) PCO0128 Credit for Pond Farum ............................................................. ....... .......... ._ ........................... ... .............................. ......... ................... (S 2500.00) Credtts (S 10,114.00) PCO 0105 Rave north wall ofHe a Stange 134 ..... ........ ._. _. . ..._..-- ...................._._..—._.__....._..__..__..._..._.._._._. ........_._..__.._...._.._.._.. $ 1.023.00 POO 9106 City IWRoom127A -Chase North Wall Ddetim ..................... ............ ........... -__ ...................... ........... ..... ................ _................. S 198.00 POO 0109 Required Genre moumrs in Police Station .......................... ............ $ 1.14100 PCO 01 I 1 RAr±*;m of score keepers born and --A itz to new location at ball 6el ds .... —_._._. .......... ..... .. ....._._..._`......_... ......_. __'_........._.. f 9.266.00 POO 0112 Installation of additional ebme per RFl 0422.. ...... __.._. .......----._ ................ _._ ................................._..._....._..... ,.._........_..._.__.........__ S 440.00 PCO 0130 Revised Finish S F -A!„tc by Sum Bmlia..._....-.._._.._.°--._..._._....__._._—. ...... _._ .............._..._..__.._..__ ......._.......___._....._.._.. S 13,101.00 PCO 0131 Per PR 027. to delete scored concrete at 3 area per drawing fiom Ray Ca ao. ....... ............ ......................_._........ ..... ............................. S 103.00 PCO 0133 Revaod Trench Dram Syst= to a Fiberglass Dmm. radius pieces with PVCgratieg...____._._.._.__...._._._ _„....._..._.._..__._._.. -. °--. PCO 0134 Field moditicetiao to platform rash in Police StaDon ..__.__-- ---..._._ ............ _— .... --_ ........... —.--._.—.- '-- -- -- --- ----- _............... S 3-W.00 S 1053.00 PCO 0136 Addition of 09 devi= to Egla polo in the Plan _ .......... _—.. ..................... - --- -- _.__...._...._.._ _ _ ._ _..__..—. ..... _. S 4.14200 PCO 0137 i.w.ii two additional bollards to protect nelocued fire sprinkler riser... _....._._..._ .............................. ..........._....._......— _._........_.._ f 447.00 P008138 Relocate door to Evidence office 0144 itno Evidence Prep. 0143 ....... _. .......... - ...... _ ...................... _.�.....__..._.___ .__._._._. _. f 2,285.00 PCO 0142 Ias1-11 Foe Sprinkler heads order the overhead doors in the F.S. Apparans Bay. _ __ _........ _.___._._._._...— ......... ..... ._._....._._.. f 3.M.00 POO 0144 Request for .,45r;....i plywood for t IT— bacha board m the Pollee _ ......____. ._. _._.. f 3.166.00 P000146 various elecui ar &wo8es in Police Station and city Hal .- ._----- _ ._.._ _ _._— ----__ S IE- 401.00 rasa f 6U23.0 Not valid until signed by the Owner, Architect and Contractor. Original Contract Sum was ....................................................... ............................... S 13,132,520.00 Net change by previously authorized Change Orders ................. ............................... S (1,877,569.00) The Contract Sum prior to this Change Order was .................... ............................... S 11,254,951.00 The Contract Sum will be changed by this Change Order in the amount of .............. $ 52,009.00 The new Contract Sum including this Change Order will be ..... ............................... S 11,306,960.00 The contract time will be (inc ) (dee reaseA) (UNCHANGED) by ..................... 0 days Date of Substantial Completion (is ch —nnged to), (reniAin-c the same) ......................... February 10, 2000 NOTE: kris nhmmt ary does ant reflect d=ga in the Contract Suter, Cotmad Time or Guaranteed Maximum Prig which bave been authorized by Construction Charge Directive. Architects Design Group, Inc. ARCHITECT 333 N. Knowles Avenue Winter Park, FL 32789 By_� /(evin tigan President Dke Ot Suffolk Construction Company CONTRACTOR 3801 PGA Blvd., Suite 1002 Add Palm Beach Gardens, FL 33410 0 Date AIA Deeumad 0701 - Chace Order - 1967 EDMON - AIAO - 0 1967 EDMON - City of Palm Beach Gardens OWNER 10500 N. Military Trail Addresa Palm Be* Gardens, FL 33410 -4698 By Date SALES. TAX SAVINGS CHANGE ORDER Contr=oes. Iob Number -9858 OWNER ■ ARCHITECT ■ CONTRACTOR ■ OTHER ■ CHANGE ORDER NUMBER: I IR PROJECT: Palm Beach Gardens Municipal Complex S.T.S. CHANGE ORDER NUMBER: 3 10500 N. Military Trail Palm Beach Gardens, Florida 33410 DATE: January 28, 2000 TO CONTRACTOR Suffolk Construction Company, Inc. 3801 PGA Blvd., Suite 1002 Palm Beach Gardens, Florida 33410 Ile Contract is changed as follows: ARCHITECTS PROJECT NO: 562- 96/2.21 CONTRACT DATE: June 15, 1998 CONTRACT FOR: Renovations/New Municipal Complex Reduction of Contract Amount to facilitate the Sales Tax Savings Procedure in the purchase of materials for the construction of the above designated project. Contractor's Project #9858 Purchase of materials in this manner in no way relieves the Contractor of any of his Contractual Obligations as defined in the Contract Documents for this project. To include, but not be limited to: Material procurement, quality, quantity, scheduling, fabrication, handling, installation, protection and warranty. SOURCE: See Attached List Pt; Not valid until signed by the Owner, Architect and Contractor. OriginalContract Sum was .................................................. ............................... S Net change by previously authorized Change Orders ........... ............................... $ The Contract Sum through Change Order #10R was ............ ............................... $ The Contract Sum will be changed by this Change Order in the amount of ......... $ The new Contract Sum including this Change Order will be ............................... S RCHASE ORDER # N/A Tax Savings Amt. 13,132,520.00 (1,825,560.00) 11,306,960.00 (919,714.88) $ 52,059.34 10,387,246.12 Total Tax Savings, to date, including this Change Order ....................... ........... S 162,181.95 ........ ............................... The date of Substantial Completion as of the date of this Change Order is UNCHANGED and is: 2 -10-00 , NOTE: 7hia auamary dm mt retloa c wV= m the Caamaot Sues, Ca =='nine or Guuaotood Maurmmm Pnoe, which have be= autharizod by Cam&uctioo O=W Mactivc. Architects Design Group, Inc. ARCHITECT 333 N. Knowles Aveam Ad&= W-t- Pads, F4viia 32789 AIA ;tom est t o=mMma uml • CLope Otdv • Im IMMON Suffolk Construction Company, Inc. City of Palm Beach Gardens CONTRACTOR OWNER 3801 PGA Blvd., Suite 1002 10500 N. Military Trail Addnm Addmu Palm Beach Gardens, Florida 33410 Palm Beach Gardens, Floridan 334410 By By;" / / l OF !/ Date Date v1 /its o s0•01MFDMON 25 E • • 1212 4/ E"Fli 17: --E 56177 °:023 CI -IeU?ALMSChGARDLNS PACE BEC-14-90 TUE !1:29 AM AD 1C. LV� FAI 10. 407 6 LWISss L,;:4r. 5" clrvcFPZ�i�� PAM 3 S lICulnmLx CCKSTRUM x 10500 It. kMr=T MIL PXMM DZUX GARDM, YL 33410 361-691 -1673 Pwoycded Change Order #Q*09% DIMUCT rIOR SAL&S TAX SAVIJqGA P"v Project: PALM BRACH GA D=5 MCM(=PAL C'CPWLEX Job: logs =TY or PAZX "ACK GARC=3 L05CC XQR7U XILITART TRAM- 1999 PALM BE&= GAXD92131 FL 33410 Fr— vendor acczoa In Rafervnce To Started: Complarads -x W444ku%�4-10v c6b-r2lCT MiSi is A D=OCTIoN Mm T1m S'VFTOL -- SAUS TAX SAVMIW rxo=m r"Lm-C== BY TSZ CITY OF PALM REACIE GARDMW. THIS Twma IN= ACCOUNT ALL PAYMMS XAJDv By THZ CITY To V,2=as TMWOW 460099. MM ATTA(3= SIT-ADSHZE-1 rM LIST Or PtMCRXIM ORL&.A3 AND pAYMEST it :50 T= CITY RM PAID IWMX4=-q TtrMLn(G ....................... T, 2,70 03,Zf3 aALX3 TAX rcit THWE XWMIC34 ........ .................. LX98 FILICK DaLUCTIONS FCXX PA=a= AM = RAVINw ........ S %=AL D=vCTICm To 27M CtarritACT.... ........................ -7 J lAdged by: CITY Or'VALM OLU:il GARDENS S:Lqr*od z . Byl )-.'C-IC-99 F11 4 )-H-u-q� lu--- 4:4B ;,li 1:9'7731023 YL ql I I qe JUN 2 • 1 }_4/:` - = °. 2%.__ 5617751 - C1TYCF?CLMECF'.Cu9DF - PAGE 04 Direct Parrverft to aLoclk Suppsem - 12/14199 27 1998 Bond Issue Date Vendor Descriptica Amount Acct. q 09125x90 American Concrete Ind. Sewer and Drainage Suppdas $15.098.00 20.8200 _ 10148198 Musm Lighting Baitfleld Ught Struct re System 5289 .900.00 20 -2021 20-6= 1Gr23198 U.S-Concrete Pipe Conuvw Pipe 538.05224 20 -202.1 20 -8200 1083/98 Tarmac America Cortstruclon Supplies $9255.64 20-202.1 20.8200 1083/98 American Concrete Ind. Sewer and Drainage Suppftw 512.595.00 20-8200 10/23/98 U.S. Concrete Pipe Concrete $6,508.64 20$200 IVOGM CSR Rinker Concrete Blocks $10,498.88 20.8200 11/06198 MCK nsey Steal 5 Supply Stack Materials 33,156.12 20 -8200 11/06188 Engineering Spedaitlien Co. Hoacw Metal 310.000.00 20 -6200 1 lr VM CSR Rinker Concrete Blocks 520,340.20 20 -8200 11/20/98 Hughes Supply Inc. 138.5 toms of Rebar 528,312.79 20 -8200 1120198 Merlyn Steel Della Galvanized Deck 59.065.70 20 -8200 1120198 mciGrtsey Steel & Supply Stock Materials $6257.08 20-8200 11x19198 TarrmacAmerica Construction Supplies 538249.00 20.8200 11/10/98 Tarmac Ammrica Construction Supplies $11,418.00 20.8200 11x10/98 U.S.F. Fabrication Fabricate d Dealer 54.495.00 20.8200 11/20/98 valley Joists 81.24 tmm Jo1s43 523.126.69 20-8200 1120198 Sahel Steel City Had Matertel $8.578.83 204200 12104/88 Delta Steel aty Had Material S2,844.54 20 -8200 12814/98 Delta Steel City Hall Material .$2.005.85 204MM 1Z104198 U.S..Concrete Pipe Concrete Pipe 5580.00 20.5200 121141M CSR Rinker Concrete Blocks 58.771.78 20.8200 12tl&VO CSR Rinker Concrete Mocks $4.71SA6 20 -8200 12MIP 8, Dana Steel Supplies ' t20.817.36 20.8200 12liG= Dens Steel Supplies $19,904.53 204= 12/18/88 Tam acAmnAcs Construcdon Supplies 3940.00 20 -6200 12118I98_TarrnacAme1c9 CarrstructonSupplies 318,872.00 2042017 12118198 TamtacAnwica Construction Supplies $9 .77840 20.8200 - Toll 199e Bond Ltsuanoe Costa 5831.512?3 , 1997 Bond Issue D669 : • Vendor Description Amount Acct. x 12/04198- MdGrw" Steel & Slippy City Has Embeda $4,70024 21 -6200 12118N8-1m4dGrmsey Skw & Supply DRA's 518,085.57 21 -8200 1=11IM' Anwican Concrete Ind. Supplies 5985.00 21A200 iE53263.03 0 114/99 Amsoclated Air Products Construction Supper M720.00 21 -6200 01115199 Hugh" Supply Inc 1385 torts of Rebar 529.184.20 21 -6200 01115/90- Madyn Steal Dedks Gahmntced Deck 57,995.80 21 -6200 01113199 Me#rsaey Steel & Suppy FIre Station Materials 58.137.96 21-6= 01/15M Tarmac Anbrtea Construction Supofies S20 ,740.00 21 -8200 01/15/89 Tarmac America Construction Supplies 525.948.00 21-6200 01115198 U.S. Concrete Pipe Concrete Pipe $434.00 21.6200 01115/99 VOAQY Joists Construction Supplies 582.123.52 21 -8200 01/15/99 Valley Jolsts Fumish d dalrverdecc 515,803.60 21 -8200 01/15!99 Engkwmvk p SpedWftles Co. Furnish metal, wood doors $10.000.00 21 -6200 01/15/99 Soudwastem Wire &TVI^! - 57500.02 21 -6200 01/15/99 Autoduct HVAC Supplies 312,381.00 21 -45200 01115/98 CSR Rinker Supplies 54454 21 -8200 01115!99 CSR Rinker Concrete Blocks $8.569.00 21 -8200 0129199 CSR Rinker Construction Supplies 39.8n.45 21$200 Ot28/99 U.S. Concrete Pipe Hardwa s Suppdas 5483.00 21 -6200 0128 /99 Engineering Specialities Co. Hagdwrare Supplies $8.700.00 21 -8200 01/29M Meld Mart Systems HVAC Supplies 522.034.00 21 -8200 0129M Assocated Air Products Sptaf Duct 55,550.00 21 -8200 01629199 York Internabond tiYAC Supplies $85.604.00 21 -6200 01=199 Brodco Supply Ca Roofing d Insulation 33.445.48 21-0200 0128199 Bob Sunoco's fttrsay f�rru«,�p. Trees S4,e28.35 21.8200' 01/29190 Martem Gmadam Trees $5,945.00 21 -8200 Ot/29199 E*cbb=t SupooWn ktc- Ugh*v Fbdtue Pack3ge $87.325.00 21 -82170 _ 01629/49 The Tree Corm -%� Washingtonian Palrm 58,075.00 21 -8200 02112w matai 4w, Sysfrm m HVAC Supplies $12.039.00 21 -8200 27 • • 32,." C" 2cS= i7. 36 02112799 Eectrical Sum rjnc 02!12!99 lie yvduapies 02/12/99 osprey Building Matn,;nis 02/12/93 York International 02/12/99 Assodated Air Products '02112199 Leslie Industries Inc. 01/12/99 Autoduct 02211/39 Electrical Supplies Inc 0228!99 The Tree Connection 0228199 York Intemational 02rleM Tarrnac America 0226189 Tarmac America 0212689 Tarmac Amer$ 0226N9 Hughes Supply Inc. 02121 M Southeaalem Wire 0226/99 CSR Rknker 0726199 CSR Rinker 0225199 Tarmac America OW12199 Hughes Supply Inc. 01!12199 Electrical Supplies Inc. 03112199 Metal mart Systems 03/12/99 Atdodud 03M2199 Tarmac America 03112/99 Marian Gardens 03!121'99 Osprey BulldN Materials 032689 Osprey Building Materials 03P1fi189 Tarmac America OUMM Assodatad Air Products 03126!99 Tarmac America 04109/99 Aa&.d Air Products 0409199 CSR Rkdcer 0401M TOM=Amx-.-.ca 042389 Bradco Suppty Corp 0412389 Ery tteertng Spedood" Co. 04/23199 Osprey Fblflng Materials 04/23199 Tarmac Arrortca 04123/99 CSR Rinker . 04mm Electrical Supplies kw- 06104M O----ey Building M?!%Mals TdW 1997 Bond Issuance Costs 1998 Bond Issue Data Vendor 03126/99 Associated Air Products 03/25/99 CSR Rinker 0326199 Electrical Supplies Inc 04123199 - ><4etal Mart Systems 05106/99 CSR Rinker 0506149 Osprey BuBding Materials 0506669 Tarmac Armerics 0521189 Con3oBdated Electric Suppl 05121/99 Electrical Supplies-Inc. 05!21199 Metal Mart Systems 0521/99 Pro Mack Supply 0521199 Osprey Bueding Materials 0521/99 Southeastern YAM 06104189 American Concrete 06/04= CSR Rinker 06AMM Electrical Suppies Inc. O6A4199 Osprey Bullding Maisdats 06104199 Tarmac America 06/1889 Tamtac America - =_; 06/18/99 Assodaksd Air ProW s =�QtmrG Facture Package Tres Canstruc_lcn Supplies HVAC Supplies Spiral Dud Construction Supplies HVAC Supplies Ughting Supplies Landscaping HVAC Supplies Conslructlon Supplies Construction Supplies Construction Supplies Construction Supplies Supplies Constnuc9on Supplies ConbtrtrC IGn Supplies Construction Supplies Construction Supplies Ugh" Supplies HVAC Supplies HVAC Supplies Construction Supplies Trees , Construction SuppNes Construction Supplies Cc-trtudian Supper Dud Supplies Construction Suppom Construction Supplies Cm it uc!!on Supplies Cormtrucdon SUppiles Constuc6on Supplies Construction Supplies Furnish meta4 woad doors Construction Supplies Construction Supplies Construdon Supplies Lighting Supplies Cmnstrvcdw Supplies Description Dud Supplies Construcdon Supplies Lighting Supplies Galvanized Ductwork construction Supplies Construction Supplies Construdwa Supples Electrical Equipment Supplies Galraniued Ductwork Construction Supplies Construction Supplies Construction Supplies Construction Supplies Construction Supplies 8uppoes Construction Supplies ConstructkM Supplies Eneryy Recovery Unit �r CiTYtF''rALMECHGARDENS $51,760.00 21 -8200 $25.470.00 21 -8200 5.27,715.11 21 -6200 $7.032.00 21 -8200 $6,025.00 21 -8240 $52,827.36 21 -8700 512381.00 21 -6200 $1.800.00 21 -6200 $1,700.00 21 -8200 588,827.00 21 -6200 $16,455.00 21 -8200 $9461.00 21 -8200 $15,448.00 21 -6200 $72,213.99 21 -6200 $18,818.11 21 -6200 59.301.98 21.6200 $79.62 Z1 -6200 $6,042.00 21-66200 3357-50 21 -6200 $37,500.00 21-=0 57.935.00 21 -6200 M&58.00 21-6200 $834.00 21 -5200 3600.00 21 -8200 $841.64 21 -8200 S1.233S8 21 -8204 $5,590.00 21 48200 520,819.00 21 -41=1 $5,148.00 21 -6200 $23,055.00 21 -6200 $1,133-73 21 0 $8.092.82 21-6= 518,828:00 21 -6200 $37.2W.2Z Zl-=C 56.825.00 21 -6200 58.211.62 27 -8200 ST,589.00 21 -5200 $3.79038 21$200 $800.00 21-6200 $2.783143 21 -6200 $1,137,175.38 Amount A= tit $10,31200 22-6200 $1.705.70 22-e200 578.150.00 22 -6200 518,842.00 22-6200 57,963.40 22200 54,058.28 27 -8200 $5.790.00 22-6200 574,000.00 27 -6= $7.600.00 22 -6200 $ 10.350.00 22 -e200 $3.319.13 22 -6200 $8.63TA4 22 -6200 SOA32.68 22-CM $3.540.00 22 -8240 $2290.83 22 -6200 $6,000.00 22-a200 $7.188.86 22 -6200 $7,147.00 22-6= $2.209.00 22.6200 59.310.00 22-aOO PACE 85 $1,887,308.48 $1,835,378.89 ?. 5 • 121- i___.- Total 1299 Bond issuance Costs Total Cecks Issued By the City Total Sales Tax Savings C.m=uctlon Supplies Construction Supplies Construction Supplies Construction Supplies Construction Supplies Construction Supplies Construction Supplies Construction Supplies Generator Construction Supplies Construction Supplies Supplies Construction Supplies Construction Supplies Construction Supplies Construction Supplies Canstruc,,lon Supplies Construction Supplies Supplies Bathroom TCe Construction Supplies Construction Supplies Electrical Supplies Consbuction Supplies Badvoom Tile Electrical Supplies Construction Supplies Construction Supplies Oesatpsfon Construction Supplies Constrvdson Supplies Supplies Ir. suladon Cartstnxilon Supplies Construction Supplies Construction Supplies Electrical Supplies Construction Supplies Construction Supplies Generator Electrical Equipment Construction Supplies Construction Supplies Construction Suppiba Construction Supplies Construction Supplies Construction Supplies Coratructlon Supplies Construction Supplies 7771Q41 7' CFP—`4ECHSARDENS PAC 66 $1.044.08 06/1888 CSR Rinker $8.119.03. 08/1&99 Osprey Budding Materials $3.834.08 08118/99 Pro Mack Supply 542,128.23 �i 08/18/99 Bradco Supply Carp $751.03 07/01/99 CSR Rinker S5,1 07.00 07101199 Tarmac America 52,334.26 07/01199 Pro Mack Supply $3,744.88 0710189 U.S. Concrete Pipe $19,199-97 08H 3199 Florida Detroit Diesel $4,953.99 0729199 Pro Mack Supply $17,521.44 07129/99 Osprey Budding Materials $5.290.00 0749199 EkKtkal Suppose Inc. $8,723.97 0729199 Osprey Building Materials $219.50 0729199 Tarmac America $17,395.00 08/13199 Associated Air Products $189.00 08/13199 American Concrete Ind. $4.873.08. 08!13/99 Osprey Building Materials $9.774.72 08/13/99 Pro Mack Supply $252.50 08/13199 Rexel Consolidated $4,871.82 01!12789 Dal Tile $18,060.00 0112789 Associated Air Products $6.985.17 0887199 Osprey Budding Materials 58,201.00 0887199 K & M Ekctricai S20,376.00 08/2789 Engineering Spedatties Co. 54,890.88 08110!99 Oaf T 1a $4,643.00 Q9/1Q199 K & M Ekctncal 32.407.52 09/10199 Pro Mack Supply 5285.32 09/1089 U.S. Cone Pipe Total 1998 Band Issuance Costs 1999 Bond Issue ^ Oats Vendor Q 4/?3/9B Ospre Osprey Budding Materials s =231139 Tarmac America `````JJ 0923198 Etectncai Suppose Inc 08/23/98 AcoustkW Distributors, Inc 140789 Dal Tile 10007199 Tarmac America 10/07199 Osprey Building Materials 1000789 K & M 0ectical 10(07/99 CSR Rinker 10122199 CSR R'udker 11/0589 Florida Detroft Diesel 11/05/99 Consolidated Electric Suppl 1 1/05199 ?artnac America 11/19/99 _ Dal Tie 11119199 Engineering Specialties Co. 11119!99 Osprey Budding Materials 11/19M Bradco Supply Co. 11119/89 Tarmac America 11/19/98 Arnerican Concrete Ind. 11/19/99 Celotex Corporation Total 1299 Bond issuance Costs Total Cecks Issued By the City Total Sales Tax Savings C.m=uctlon Supplies Construction Supplies Construction Supplies Construction Supplies Construction Supplies Construction Supplies Construction Supplies Construction Supplies Generator Construction Supplies Construction Supplies Supplies Construction Supplies Construction Supplies Construction Supplies Construction Supplies Canstruc,,lon Supplies Construction Supplies Supplies Bathroom TCe Construction Supplies Construction Supplies Electrical Supplies Consbuction Supplies Badvoom Tile Electrical Supplies Construction Supplies Construction Supplies Oesatpsfon Construction Supplies Constrvdson Supplies Supplies Ir. suladon Cartstnxilon Supplies Construction Supplies Construction Supplies Electrical Supplies Construction Supplies Construction Supplies Generator Electrical Equipment Construction Supplies Construction Supplies Construction Suppiba Construction Supplies Construction Supplies Construction Supplies Coratructlon Supplies Construction Supplies 7771Q41 7' CFP—`4ECHSARDENS PAC 66 $1.044.08 22 -6200 $8.119.03. 22 -6200 $3.834.08 22-6200 542,128.23 22 -6200 $751.03 22 -6200 S5,1 07.00 22 -6200 52,334.26 22 -6200 $3,744.88 22 -e200 $19,199-97 22 -8200 $4,953.99 22-Mo $17,521.44 22 -e2o0 $5.290.00 224200 $8,723.97 22 -8200 $219.50 22 -8200 $17,395.00 22 -6200 $189.00 22 -6200 $4.873.08. 22 -6200 $9.774.72 22$200 $252.50 22 -6200 $4,871.82 =-8=0 $18,060.00 22 -6200 $6.985.17 22 -8200 58,201.00 22 -8200 S20,376.00 =-6200 54,890.88 2276200 $4,643.00 =-Mo 32.407.52 22 -6200 5285.32 22-e200 5492.001.81 Amount Acct 9 $430287 23 -6200 4309.50 23 -8200 $5,600.00 23 -6200 $899.71 23 -6200 $4.558.59 23 -202 512,779.50 23 -202 $10,1e2 - 23 -202 $2,156.00 23 -202 $11,593.30 23 -202 310.50 23-202 $113,525.03 23-6200 5659.01 23 -8200 SM.00 23 -8200 $876.00 23 -8200 5177.105.00 23 -8200 $6,564.73 2376200 $74,383.23 23 -8200 $12200.00 23 -8200 $2,491.00 23 -8200. $1,356.80 234200 23 -8200 23 -6200 $¢42,343.02 52.260,889.41 52,703,032.43 $2,709.032.43 5162.181.95 29 CHANGE ORDER Cu-cirrw,�s .Tats Number - 985$ AIA DOCUMENT G701 PROJECT: Palm Beach Gardens Municipal Complex City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens. FL 33410 TO CONTRACTOR: Suffolk Construction Co., Inc. 3801 PGA Blvd., Ste. 1002 Palm Beach Gardens, FL 33410 CHANGE ORDER NUMBER DATE: OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ FIELD 0 OTHER 0 TWELEVE (12) March 1, 2000 ARCHITECTS PROJECT NO: 562- 96/2.21 CONTRACT DATE: June 15, 1998 CONTRACT FOR: Renovations/New Municipal Cplx. The Contract is changed as follows: Furnish all labor, equipment, materials, and supervision for the following work: PCO # 123 Credit for material for ceiling change ................................... ............................... ($ 500.00) PCO# 104 Roof tile vent ............... ................................................... ............................... ($ 0.00) Credits ($ 500.00) PCO # 50 Additional distribution panel to meet code ................................ $ 669.00 PCO # 100 Reroute water line in Lobby of City Hall ............................. ............................... $ 1,863.00 PCO # 103 Add concrete beam at SW comer of Police Station to support window ....................... $ 1,244.00 PCO # 107 Redesign of roof drains at Police Station .............................. ............................... $ 2,729.24 PCO # 113 Redesign of roof drains at City Hall ................................... ............................... $ 1,733.00 PCO # 116 Exposed electrical panels in hallways required lockable doors .. ............................... S 3,026.00 PCO # 117 Existing holes in ceilings and walls of fire Station required filling ... .............:.............. $ 3,062.00 PCO # 119 Ceiling height adjustments for the installation of HVAC ductwork .............................. $ 8,432.00 PCO # 120 Relocation of fire riser at Fire Station per Fire Department request ......................... $ 4,959.00 PCO # 121 PCO # 122 Install chase around exposed fire alarm panel in Fire Station .... ............................... Ceiling was changed from plaster to drop in to accommodate access ............... $ $ 264.00 1,269.00 PCO # 125 panels Added electrical outlet for refrigerator in Fire Station .............. ............................... $ 576.00 PCO # 147 Changes to physical agility room .......................................... ............................... $ 5,298.00 PCO # 155 Added fire dampers to HVAC to meet code ............................ ............................... $ 965.00 PCO # 156 added handicap ramp at Police Station to meet code ............... ............................... $ 1,535.00 PCO # 157 Grounding for computer floor ............................................ ............................... $ 8,945.00 PCO # 179 Added door sweeps to doors at Fire Department request ........ ............................... $ 772.00 Costs $ 47,341.24 Total $ 46,841.24 Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) was ................................................... ............................... $ 13,132,520.00 Net change by previously authorized Change Orders (11 R) .................. ............................... $< 2,745,274.88> The (Contract Sum) prior to this Change Order was .......................... ............................... $ 10,387,245.12 The (Contract Sum) will be (increased) by this Change.Order in the amount of .................... $ 46,841.24 The new (Contract Sum) including this Change Order will be ............... ............................... S 10,434,086.36 The Contract Time will be (unchanged) by ........................................ .............................:. (0) days. The date of Substantial Completion as of the date of this Change Order therefore is ................ 2/10/00 NOTE: This summary does not reflect changes in the Contract Sum, Contract Tune or Guaranteed Maximum Price which have been authorized by Construction Change Directive. Architects Design Group, Inc. Suffolk Construction Co., Inc. City of Palm Beach Gardens Architect Contractor Owner 333 N. Knowles Avenue 3801 PGA Blvd., Suite 1002 10500 N. Military Trail Address Address Address Winter Park, Florida 32789 Palm Beach Gardens, FL 33410 Palm Beach Gardens, FL 33410 By 0 Date By Date By Date AIA DOCL4.WN''7Ca1W - CHANSE €IReVIE - ti$87 EDl`MN • ALA - 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS • • CHANGE ORDER Contractces Job Nwnber - 9858 AIA DOCUMENT G701 PROJECT: Palm Beach Gardens Municipal Complex City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens. FL 33410 TO CONTRACTOR: Suffolk Construction Co., Inc. 3801 PGA Blvd., Ste. 1002 Palm Beach Gardens, FL 33410 The Contract is changed as follows: OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ FIELD ❑ OTHER ❑ CHANGE ORDER NUMBER THIRTEEN (13) DATE: March 16, 2000 ARCHITECTS PROJECT NO: 562 - 9612,21 CONTRACT DATE: June 15, 1998 CONTRACT FOR: Renovations/New Municipal Cplx. This Change Order is for the following proposed change orders, as indicated in attached letter to O'Donnell, Naccarato & Mignogna, Inc., dated April 12, 2000 and attached PCO log. Proposed Change Orders: 61, 63, 64, 75, 79, 84, 86, 88, 90, 94, 95, 97, 114, 115, 118, 124, 126, 127, 132, 135, 141, 143, 148, 149, 150, 151, 158, 159, 161, 164, 167, 171, 173, 174, 175, 178, 180, 181, 182, 187, 188, 190, 192, 201, 211, 212, 213, 214, 215, 216, 217, 218, 220, 224A, 225, 226, 227, 229, 230, 231, 232, 233, 234, 235, 236, 237. The Balance of PCO #224 ($175,609.00) still under -eview. Total value of this Change Order to be $ 437,213.00 Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) was ................................................... ............................... $ 13,132,520.00 Net change by previously authorized Change Orders ( 12) .................. ............................... $< 2,698,433.64> The (Contract Sum) prior to this Change Order was ........................... ............................... $ 10,434,086.36 The (Contract Sum) will be (increased) by this Change Order in the amount of .................... $ 437,213.00 The new (Contract Sum) including this Change Order will be ............... ............................... $ 10,871,299.36 The Contract Time will be (changed) by ........................................ ............................... (140) days. The date of Substantial Completion as of the date of this Change Order therefore is ................ 7101/00 NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Mabmum Price which have been authorized by Construction Change Directive. Architects Desiqn Group, Inc. Suffolk Construction Co., Inc. City of Palm Beach Gardens Architect Contractor Owner 333 N. Knowles Avenue 3801 PGA Blvd., Suite 1002 10500 N. Military Trail Address Address Address Winter Park, Florida 32789 Palm Beach Gardens, FL 33410 Palm Beach Gardens, FL 33410 By .... Date By Date AIA DOCUMEKrG7&1 - CHANGE ORDER • 1987 EDITION • AIA • 1987 • THE AMERICAN By Date OF ARCHITECTS • CHANGE ORDER Contractor's Job Number - 9858 AIA DOCUMFNT G701 PROJECT: Palm Beach Gardens Municipal Complex City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens. FL 33410 TO CONTRACTOR: Suffolk Construction Co., Inc. 3801 PGA Blvd., Ste. 1002 Palm Beach Gardens, FL 33410 The Contract is changed as follows: CHANGE ORDER NUMBER DATE: OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ FIELD ❑ OTHER ❑ FOURTEEN (14) October 12, 2000 ARCHITECTS PROJECT NO: 562- 96/2.21 CONTRACT DATE: June 15, 1998 CONTRACT FOR: Renovations /New Municipal Cplx. This Change Order is for the following proposed change orders, as indicated on the attached PCO log signed by Ray Casto of O'Donnell, Naccarato & Mignogna, Inc., dated October 10, 2000. Proposed Change Orders: 240, 242, 243, 244, 247, 248, 249, 250, 251, 252, 255, 257, 258, 260, 261, 262, 263, 264, 265 Total value of this Change Order to be $ 121,282.00 Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) was ................................................... ............................... $ 13,132,520.00 Net change by previously authorized Change Orders ( 12) .................. ............................... $< 2,106,018.64> The (Contract Sum) prior to this Change Order was .......................... ............................... $ 10,871,299.36 The (Contract Sum) will be (increased) by this Change Order in the amount of .................... $ 121,282.00 The new (Contract Sum) including this Change Order will be ............... ............................... $ 10,992,581.36 The Contract Time will be (changed) by ........................................ ............................... (0) days. The date of Substantial Completion as of the date of this Change Order therefore is ................ 7/01100 NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Ma>amum Price which have been authorized by Construction Change Directive. Architects Desiqn Group, Inc. Suffolk Construction Co., Inc. City of Palm Beach Gardens Architect Contractor Owner 333 N. Knowles Avenue 3801 PGA Blvd., Suite 1002 10500 N. Military Trail Address Address Address Winter Park, Florida 32789 Palm Beach Gardens, FL 33410 Palm Beach Gardens, FL 33410 0 BY.., By Date Date By Date AIA DOCUMENT G701 - CHANGE ORDER - 1987 EDITION - AIA - 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS L-1 • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: November 6, 2000 Subject/Agenda Item City Manager's Report: Customer Service Report Recommendation /Motion: N/A Reviewed by: Originating Dept.: Costs: $ Total Council Action: City Attorney A (!�A Administration [ ] Approved Finance $ [ ] Approved w/ conditions ACM Current FY [ ]Denied Human Res. NA Advertised: NA Other Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ NA] Not Required [ ] Other I Submitted by: Beth Ingold -Love Affected parties [ ] Notified Budget Acct. #:: [ ] None Approved by: [ NA ] Not required BACKGROt; D: See attached memorandum. CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ron Ferris, Interim City Manager DATE: November 6, 2000 FROM: Beth Ingold -Love, Assistant to the City Manag SUBJECT: Customer Service Survey Background In order to establish a baseline for the development of Customer Service Training for City staff, a needs analysis was conducted to gauge the level of service currently provided to the City's customers. During the month of July 2000, the City conducted a study of employees' customer service performance. The goal of the study was to review the nature of the City's business communication practices with its customers. Discussion The study consisted of 76 contacts with City employees during the 16 business days between July 7 and July 28, 2000. Each department was contacted, including visits and telephone calls, between five and eight times during the study period, averaging seven calls per department. Contacts consisted of requests for service or information. The contacts were then documented and analyzed to measure the quality of the interactions from a citizen's point of view. The attached Executive Summary presents the results of the study. The number of observations supports a broad indication of relative performance. The purpose of the study was not to compare departments with one another. The findings are therefore best interpreted as information to be useful to the City in improving its overall communications with citizens. Findings Overall, the study found that the City performed adequately. The overall scores reported are ratios of the actual ratings to the perfect ratings, i.e., how close did employees come to handling the calls or visits perfectly. The overall score of 72% equates to a C -, using standard college scales for grading. The Executive Summary also lists recommendations for areas of focus in future customer training. If you would like a copy of the complete report, in addition to the Executive Summary, please let me know. BIL:bil • • City of Palm Beach Gardens Citizen Business Communication Survey Final Report - 2000 HAYSMAR, INC. Research & 1$n alrysis City of Palm Beach Gardens Citizen Business Communication Survey EXECUTIVE SUMMARY Introduction The City of Palm Beach Gardens has reviewed the nature of its business communication practices with its customers, the City's residents. It has done so by having interviewers, posing as citizens, directly contact city employees and ask normal business questions. Most organizations do not study their performance in this detail because the results are harder to anticipate, and therefore harder to prepare for, than any other approach. The City of Palm Beach Gardens accepted this uncertainty and commissioned a thorough analysis of the nature of its employees' service to individuals calling or visiting City Hall seeking answers to questions or help with problems. While there are certainly areas for improvement, overall the results are promising. Research Approach and Design The City of Palm Beach Gardens wanted to: 1. define the quality of city workers' communications with citizens; 2. identify any problem areas in the communication patterns; 3. provide a baseline against which to measure improvements where improvement was deemed necessary; and, 4. guide the design of any training activities that might be thought necessary. The research methodology chosen was to contact eleven City departments, both in- person and by telephone, with a series of normal requests for service or information. The contacts were documented and analyzed to measure the quality of the interactions from a citizen's point of view, a concept based on six characteristics: 1. the perceived attitude of the City employee handling the request; 2. the efficiency with which the request was handled; 3. the initiative demonstrated by the City employee in dealing with the request; 4. the level of effort exhibited by the City employee in dealing with the request; 5. the accuracy of the information provided; and, 6. the continuity if/when a caller was passed from one department to another HAys1"JSA1L0., iNc. Researcl &Analysis City of Palm Beach Gardens - Citizen Business Communication Survey Page 2 Executive Summary Data was gathered through contacts by telephone and in- person from Friday July 7, to Friday, July 28, 2000. Five different types of contacts were defined: 1. Base Telephone: Simple, clear telephone calls to each department about routine subjects commonly handled by the department contacted. 2. Base Visits: In person visits made to each department, also concerning routine subjects handled by the department. The visitors ranged in age from 25 to 67; gender was equally divided; there were 12 whites, 4 African- Americans, and 4 Hispanics. They came in a variety of dress styles from work clothes to business formal. 3. Wrong Department Call: Telephone calls on subjects that were the responsibility of a department other than the one initially called. The objective was to learn how well and accurately callers are linked to the correct department. 4. Citizens Services: Telephone calls to each department from a caller who asked about "a general complaint number for the City." The object was to determine how well callers were directed to the Citizens Services number 625 -4PBG. 5. Director: Telephone calls in which an insistent caller asked to speak with the department Director or Chief. The object was to assess the accessibility of the department heads to citizen questions. A total of 76 contacts were made with City employees during the 16 business days between July 7 and July 28. Each department was contacted, including visits and telephone calls, between five and eight times during the study period, most received seven contacts. No department was contacted more than once on any day and the total contacts to the city never exceeded five per day. Table 1 (on the following page) presents a contact inventory. ' HA Ys1•1LL all0., ilNc Research &Analysis City of Palm Beach Gardens - Citizen Business Communication Survey Page 3 Executive Summary Table 1: Type and Frequency of Department Contacts Department Base Wrong Department Citizens Director Base Total Telephone Call Services Calls Visits Contacts Administration 2 1 1 1 1 6 Building 2 1 1 1 2 7 City Clerk 1 1 1 1 1 5 Code 3 1 1 1 2 8 Enforcement Finance 2 1 1 1 2 7 Fire/Rescue 2 1 1 1 2 7 Human 2 1 1 1 2 7 Resources Parks & 3 1 1 1 2 8 Recreation Planning & 2 1 1 1 2 7 Zoning Police 2 1 1 1 2 7 Public Works 2 1 1 1 2 7 Total Contacts 23 11 11 11 20 76 First Impressions Each contact was analyzed using as many of the facets of the definition of quality as possible. Table 2 (on the following) presents performance rankings, by department, for each type of contact. There were, at most, eight observations per department. That is an insufficient number to support, with certainty, an absolute measurement of quality differences between departments. These rankings do not measure "statistically significant" differences from one score to the next. However, the results do support a broad indication of relative performance, i.e., there may be no difference between departments ranked 6' and 7`h, but the highest ranked two or three certainly performed better than the lowest ranked two or three. HAYsMAIE$ 9 INC. 'Research &Analysis City of Palm Beach Gardens - Citizen Business Communication Survey Page 4 Executive Summary Charts summarizing the results of every visit are presented in Appendix 1 of the full report; the verbatim documentation of every visit is included in Appendix 2. The verbatim documentation more fully explains the City's strengths and weaknesses. Table 2: Summary Ranking by Department HA YsIyI AR, INC. Research &Analysis Rank by Type of Contact (I to 11, 1 is the h igh est ranking Department Wrong omposite Basic g Basic Citizens Rank Telephone Department Call Services Director Visits (n = 23) (n = (n 11) (n = 11) (n = 20) =11) 1. Administration 10 9 (tie w /10) 3 (5,6,8) (tie w /3) 5 2. Building 7 7 (tie w /11) 8 6 9 3. City Clerk 2 4 8 (tie w /4) 1 (tie w/ 1,5,6,8) 3 (tie w /1) 1 4. Code Enforcement 4 1 8 (tie w /3) 6 (tie w /9) 10 7 (tie w /11) 5. Finance 3 8 2 (tie w /9) 1 (tie w/ 1,3,6,8) 8 2 6. Fire/Rescue 8 10 11 1 (tie w/ (1,3,5,8) 1 8 7. Human 1 2 1 10 9 3 Resources (tie w /11) 8. Parks & 5 5 10 1 (tie w/ 7 6 Recreation 1,3,5,6) 9. Planning & 6 6 2 (tie w /5) 6 5 4 Zoning (tie w /4) 10. Police 9 11 4 (tie w /1) 9 2 10 11. Public 11 3 6 (tie w /2) 10 10 11 Works (tie w /7) (tie w /4) HA YsIyI AR, INC. Research &Analysis City of Palm Beach Gardens - Citizen Business Communication Survey Page 5 Executive Summary Findings Generally speaking, the City performed adequately. Although some departments were not evaluated as highly as others in overall performance, each department usually had one strong area. It is important to remember that this study was not designed to identify the best and worst departments. Its goal was to identify areas for improvement on a city wide basis. There are too few observations for any department to say, unequivocally, that it provides better service to customers than another. The value of this research is in the observations it makes for the City as a whole, rather than for any single department. Overall Performance In order to provide an initial understanding of the overall performance, an overall representative score was calculated.. For each type of contact (visits, director calls, etc.) values were assigned to the level of performance for each of several factors contributing to the quality of the contact. Although perfect scores were occasionally achieved, most contacts were less than perfect. The overall score was 72 %. At most two or four year colleges this would earn a "C -," certainly not poor, but with room for improvement. Table 3 presents the scores by contact type and the overall score Table 3: Results by Type of Contact HAYsmAR, iNc. 1 �' Research &Analysis I I _ I Maximum Actual Perfect Cumulative Cumulative Score for a Score Score Percent of Single (perfect score (summation of Maximum Type of Contact Contact times # of contacts) earned scores) Achieved Base Telephone (n =24) 13 312 231 74% Base Visits (n =2o) 18 360 274 76% Wrong Department (n =11) 20 220 153 70% Citizens Services (n =11) 19 209 140 67% Director Calls (u =1i) 17 187 133 71% Totals n/a I 1126 808 I 72% HAYsmAR, iNc. 1 �' Research &Analysis I I _ I Ci ty of Palm Beach Gardens - Citizen Business Communication Survey Page 6 Executive Summary General Findings: Strengths 1. Almost everyone in every department was pleasant and positive and seemed interested in helping. 2. Department directors who spoke with citizens generally handled the calls very well. Weaknesses 1. People who come to City Hall are, on average, treated with more energy than people who call with a problem. 2. Employees are generally interested and good at answering questions about matters concerning their own departments. 3. How well a problem is handled seems to depend more upon who one happens to ask than upon a City wide performance standard for serving customers. Often a department scored both well, when one employee handled a contact and poorly, when a different employee handled a similar issue. 4. Employees are much less effective and concerned with problems that are the provenance of other departments. They often did not know where to send the person and showed less concern than they did with their "own" issues. Two callers from "outside the city limits" were dismissed almost immediately. 5. Hardly anyone knew the Citizens Services number as 625 -4PBG, but almost everyone knew Debbie Andrea at 799 -4130. 6. "Office" departments generally performed better than "field" departments. Recommendations This project was commissioned in order to provide baseline information and direction for improving communications with residents. What is learned in this project will be used to shape workshops or similar activities to improve communications. As noted above, the City's performance on this project was acceptable but there are several areas that would benefit from direct attention. We recommend that any workshop, etc., focus on the following concepts. 1. City employees need to foster empathy with callers. Citizens call because they are confused, because they do not know the rules, or because they are concerned that something they have seen or heard might adversely affect them. In reality it may or may not be important, but callers do not know that. Employees would do a better job of handling calls if they remember that, from the caller's perspective, all issues are important. IH A YsA'I AR v iNC. Research &Analysis • City of Palm Beach Gardens - Citizen Business Communication Survey Page 7 Executive Summary a. Departments that work more with the City's infrastructure than with citizens, e.g., Public Works, Police, or Building would benefit more from empathy training than departments that work with citizens on a regular basis, i.e., the City Clerk's office and Human Resources. b. Similarly, empathy training may be more important for employees in positions requiring more formal education and/or more technical knowledge than for employees who deal with residents on a more frequent basis. 2. City employees should remember that most callers are not familiar with the operations of a governmental organization. Answering questions using departmental jargon and referring to a department's internal processes often confuses and frustrates callers. 3. Similarly, City employees should be aware that legal "fairness" and general society's definition of "fair" are often different. This does not mean that employees should forsake legal requirements. However, acknowledgment by a City employee of the difference between the two points of view will make it easer for the caller to accept the City's position. 4. The level of effort exerted by a City employee when answering a resident's call implies to the caller how important their concern is to the City. Callers who are summarily transferred or whose calls are given superficial answers will often feel that the City is uncaring or worse. 5. City employees should have a better understanding about the functions and . capabilities of departments other than their own. 6. Similarly, employees should be reminded that, to most citizens, they are City employees not "A Department's" employees. Help from, say Parks & Recreation, is perceived as the City helping, not Parks & Recreation. Helping a citizen with an issue, regardless of where the call starts or ends, improves everyone's image. 7. The City should adopt, and continually emphasize, a general standard for handling citizen calls. The standard would include, among others, guidelines regarding: a. the level of effort an employee should exert in an effort to answer the query, e.g., at a minimum posing the question to their supervisor before transferring the caller to someone else if they don't know the answer. b. passing on the subject of the question on to the next person when a call is . transferred. (This, of course, is policy now but is not often followed.); and, c. requiring that employees say something to a caller that makes them feel as though the employee understands why the caller is concerned about the issue. HAYS , INC. ■ Research &Analysis CITY COUNCIL SPECIAL MEETING, 10/11/2000 CITY OF PALM BEACH GARDENS CITY COUNCIL SPECIAL MEETING October 11, 2000 The October 11, 2000, Special Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:10 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The Recording Secretary called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember David Clark, Councilmember Lauren Furtado and Councilmember Carl Sabatello. ANNOUNCEMENTS: Mayor Russo announced that the meeting scheduled for October 16 would be held in the Municipal Center Council Chambers instead of at Burns Road as previously announced. SPECIAL MEETING ISSUES: Transportation - City Engineer Dan Clark introduced Dan Weisberg, Palm Beach County Engineer, Maria M. Tej era, City Traffic Engineer, and Fred Schwartz, Kahart Pinder, and Yvonne Ziel, Traffic Engineers for the development community, who had participated in this project. Mr. Clark explained that the study area had included 70 roadway segments within the general boundaries of Donald Ross Road, Northlake Boulevard, U.S. One, and Beeline Highway; however, tonight's discussion would focus on the PGA Boulevard area. Abacoa and Bear's Club, as well as unidentified projects outside the City were included because of their impact on the City traffic. Mr. Clark used The Isles as an example to explain traffic distribution. Mr. Clark explained how to read the chart to determine increased or decreased traffic on different segments of PGA Boulevard. Traffic analysis had been based on 1999/2000 ADT counts for daily and average peak hour analyses as published by Palm Beach County. Existing average annual daily traffic counts were presented along with historical ,growth rates reported over the last three years from information provided by the County, and an area - wide growth rate had been calculated for reference purposes. Future traffic projections had been based on expected growth in background traffic over which there was no control, and traffic from proposed development projects throughout the study area. Projects were classified as non -major or unbuilt portions of major developments. Non -major projects were defined as projects whose trip generation potential was not expected to exceed 7,000 daily trips, and 26 non -major projects were identified and assigned a reference number. Eight major projects were identified and assigned reference numbers. Traffic from major projects was assigned to area links, and only the impacts due to the unbuilt portions of the Regional Center were included in the analysis. 80% of Abacoa Phase H and all of Phase I were included. Background growth rates were applied to account for future traffic from other projects and changes in travel patterns. Adjustments were made to traffic projections on PGA Boulevard east of Military Trail and other impacted segments to reflect the effect of traffic diverted to roadways not presently in the network, including linkage roads on the City's plan and the Hood Road extension east of Alternate AlA. A model obtained from MPO had 0 CITY COUNCIL SPECIAL MEETING, 10/11/2000 2 been run under two scenarios, one established as a base which did not include any linkage roads planned for the City and the other with the base scenario modified to include the new linkage roadways shown on the City's plan and 4 lanes on Burns Road. The two scenarios were then compared. Total future traffic was then projected by adding background growth and cumulative impacts from non -major and major projects to the existing AADT on area links, and the relative performance of the links and the potential need for CRALLS designations was evaluated. Extended analyses were also performed to evaluate future traffic conditions in 2010 from continued development of Abacoa and half of the Brigger project and in 2015 from the completion of those two projects. The total traffic volumes for 2007, 2010, and 2015 were compared to the level of service standard to determine the potential need for CRALLS designations. Councilmember Furtado requested numbers based on the widening of RCA Boulevard, because that road would take more traffic off PGA Boulevard, and Mr. Clark indicated that issue would be revisited. Councilwoman Furtado expressed her opinion that any known development that would impact PGA Boulevard traffic should be included. The number of lanes on Prosperity Farms Road was discussed. Comparison with County figures transmitted to DCA to the results of this study was shown. Councilmember Sabatello expressed his opinion that the Brigger project should not be included, but addressed when that development was underway. The .interchange at I -95 and Donald Ross was to be included in another scenario for the year 2015. The impact of I -95 traffic was discussed, and Mr. Clark noted no figures had been generated based on the additional lanes to be added to 1 -95. Councilwoman Furtado noted the additional lanes would be added in approximately 2004. Discussion ensued regarding that because of dealing with conservative numbers, additional impacts would only make it better. Principal Planner Steve Cramer explained that PGA Boulevard levels of service were established by the County based on DOT standards, and the County had considered the City's request for a CRALLS designation on PGA Boulevard. This hearing was the City's response to the County to be considered in their response to comments as requested by DCA, and although the County did not have to consider the City's recommendation for a comprehensive plan amendment, they were expected do so. Councilwoman Furtado commented localized public transportation must not be forgotten. Mr. Cramer clarified for Councilman Sabatello that if the County accepted the City's recommendation PGA Boulevard would be six lanes, or if they did not, they would widen it to eight lanes, which would mean the same number of trips would be on the road but traffic would flow faster. Discussion ensued. Roads would be improved as developments were constructed so that while trips would be added, the additional roadways could accommodate some of the traffic. Mayor Russo questioned Mr. Cramer whether the only option was either to 8 -lane PGA Boulevard or to allow the CRALLS, which Mr. Cramer verified'. Mr. Clark explained the numbers were where they were because linkages had been included so that moving forward those must be included, and advised that the areas around RCA Boulevard and Prosperity Farms Road could be redone by Monday, when the meeting with the County was scheduled; and that the area around I -95 could not be redone by that time but that it would probably make no difference. The consensus of the City Council was preference for six lanes; however, Mayor Russo wanted to see the number of trips lowered. Councilman Sabatello requested further study on areas where numbers did not change but where quality of life was impacted because of the time required, such as the on- off ramps to I -95 at PGA Boulevard. Charles Hathaway commented the revenue must be considered and someone else must not be allowed to add traffic so parcels could not be developed and there would be no way of getting additional revenue except heavy taxation. Yvonne Ziel stated she was CITY COUNCIL, SPECIAL MEETING, 10/11/2000 3 not speaking on behalf of her clients, and commented that the current CRALLS was an agreement between the City and County which stemmed from the Hood Road bridge being eliminated and was available to everyone, but the new CRALLS was to take the place of the old CRALLS. Ms. Ziel recommended that the new CRALLS be established as a separate designation instead of replacing the current CRALLS, so that additions to existing projects would not be restricted. Discussion ensued. Dan Catalfumo advised there would be additional trips available for small businesses, since trips for some developments were captured at 100 %, which would not be completely utilized. City Engineer Clark recommended action taken by the City Council include a suggestion that the CRALLS numbers not be tied to the forbearance properties, which would cover all bases. Nancy Graham, WCI, objected. Direction to staff was to work out the situation for mom and pop businesses and not put the forbearance agreement developers in a bad position. Attorney John Gary commented that the CRALLS submitted by the County contained a provision that stated the City had to adopt the linkage plan and had to have guaranteed construction, which was troubling and must be worked out. Mr. Gary noted that the chart of proposed development made up by the developers would generate approximately $38 million in County impact fees in today's pricing, which did not take into consideration any road impact fees to the City; however, in order to collect those impact fees the CRALLS designation must take place so the development could take place. Burns Road was discussed. Mr. Gary stated his understanding that the first road impact fees would pay off Burns Road improvements; then the money would be used to pay people who had given land and developed the linkages; and stated that the development community did have a problem with Bums Road being tied into the CRALLS. Mayor Russo explained that the County's numbers transmitted to DCA were nowhere close to the numbers that needed to be adopted in order to have a CRALLS designation for PGA Boulevard that would work for everyone, and the meeting scheduled for Monday with the County was to discuss this and to find out if the County staff would recommend changing their Comprehensive Plan numbers to match those of the City. Councilmember Sabatello expressed concern that the County needed to recognize all the planning and work that had gone into this whole study and plan for development for the next fifteen years. Councilmember Furtado commented plans for the North County Traffic Planning Forum needed to be moved forward. Another item brought up was that another city could challenge the proposed CRALLS. Councilwoman Furtado noted the Donald Ross Road Bridge was paid for by road impact fees and gas tax dollars, so that Jupiter did not have to pay anything, and yet the City had received no money for the flyover. Mr. Cramer advised that the Transportation Forum was to be held in mid - November. Canal Report - Mayor Russo questioned why this report had been done and if there were any other studies being done. Mr. Cramer responded there were no other outstanding studies. Councilmember Furtado commented there had been a discussion during budget time regarding how to factor in canal work, and expressed concern that the funding be done properly. Vice Mayor Jablin favored a stormwater utility to fund such types of maintenance projects. Equity between newer and older communities in funding for stormwater utility maintenance was discussed. Councilman Sabatello noted that this report could be the basis to establish true timelines for the work, and to look at hiring consultants to alleviate the burden on Public Works. The City Engineer noted that next year's budget would probably not allow for contracted work. Mayor Russo requested that the City Engineer provide an update at the next meeting showing what had happened during the past six months and what was planned for the next year, as well as the amount 'of money in the budget. Councilman Clark commented this project should be made a high priority for Public Works, and �r V CITY COUNCIL SPECIAL MEETING, 10/11/2000 4 commented that the length of time necessary for dewatering needed to be relayed to the residents. Councilwoman Furtado requested a cost analysis and commented a report had been requested on equipment use. Councilwoman Furtado suggested it might be an advantage economically to sell a large piece of equipment which cost approximately $198,000 and was really too large for the work areas, and then lease a smaller piece of equipment when it was needed. Direction was for staff to provide a report on the capacity of Public Works, what was being done, whether some machinery was not needed, etc. The City Manager commented he would appreciate an opportunity to research this issue and provide data. ADJOURNMENT: There being no further business to discuss, upon motion by Councilman Clark, seconded by Councilwoman Furtado, carried 5 -0, the meeting was adjourned at 9:15 p.m. APPROVAL: ATTEST: CAROL GOLD CITY CLERK • MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO • CITY OF PALM BEACH GARDENS CITY COUNCIL SPECIAL MEETING October 16, 2000 The October 16, 2000, Special Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:05 P.M. in the Council Chambers of the Municipal Complex located at 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 the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember Lauren Furtado and Councilmember Carl Sabatello. Councilmember David Clark was absent from the meeting. A moment of silence and prayer was observed for the men and women who had perished on the USS Cole. SPECIAL MEETING: Transportation - Mayor Russo recognized a representative from Jupiter who was present. City Engineer Dan Clark explained that the documentation presented at the prior week's meeting was the culmination of approximately 500 hours work by five to seven individuals who wanted to arrive at a set of numbers that was comprehensive, complete and defensible. City Engineer Clark noted that others beside himself who had worked on the document included Dan Weisberg, Palm Beach County Traffic Engineer, Maria M. Tejera, City Traffic Engineer, and the primary traffic consultants who worked in the development community. Mr. Clark pointed out that those experts were the ones who really knew, could predict, and could understand what was going to happen within the City from a traffic perspective. City Engineer Clark clarified that RCA Boulevard as a 4 -lane road and Prosperity Farms Road as a 4 -lane road had been factored into the trip numbers provided in the document. The I -95 interchange information requested at the last meeting and the Prosperity Farms and Hood Road connection were. also included. City Engineer Clark verified that the two sets of numbers were the set transmitted to DCA and the set with the currently projected number of trips on the roads. Principal Planner Steve Cramer verified the number of trips that would be generated by development had been established, and the City Council's options were to have either six lanes with a CRALLS designation or eight lanes to accommodate those numbers. Mr. Cramer clarified that the number of trips that would be removed from downsizing of current development was not known. City Engineer Clark clarified that already developed parcels, such as PGA National, were already incorporated in the background information. Councilwoman Furtado requested the background trips generated from Abacoa. Staff explained that all Abacoa trips had been listed as new development rather than background. City Engineer Len Lindahl advised it would take approximately 15 minutes to separate out the Abacoa background trips. It was noted that if the City decided against the CRALLS designation, the County's Comprehensive Plan would have to be amended, which would be a one -year process, in order to provide eight lanes on PGA Boulevard. Representatives present from Lake Park were recognized. George Webb, Palm Beach County Engineer, explained that in addition to the six links on PGA Boulevard, there were another six links within the City that were projected to be over capacity, which included a link on Northlake • • Boulevard, three links on Military Trail, and two links on Alternate AlA, all of which varied between 7% and 12% over the currently adopted level of service. Mr. Webb explained that development of projects with significant impacts on these links would be stopped if they were expected to exceed the adopted level of service. Mr. Webb reported that 2015 numbers with the I -95 interchange included would remove 5,000 -6,000 trips from Donald Ross Road between I -95 and Central, but would add 5,000 - 6,000 trips between Central Boulevard and Military Trail; and potentially could remove almost 10,000 daily trips off PGA Boulevard between Military Trail and I -95, but would add an additional 9,000 - 13,000 trips on Central Boulevard. Alternate AlA between Hood Road and Garden Road was projected to drop 4,000 trips per day. Mr. Webb expressed his opinion that if development was staggered, CRALLS should not be established ahead of time; however, he recommended that CRALLS be done before developments were completed if many developments came in at one time. Mr. Webb suggested tracking developments and the traffic perhaps annually to give a sense of how accurate the projections had been. Councilmember Furtado commented that the City had pushed for a North County Traffic Forum, and urged that the whole North County must plan together for development traffic. Councilwoman Furtado stated the City and developers had done everything possible, and expressed disappointment that the County was giving the City a hard time on the CRALLS. Discussion ensued. Numbers for the current CRALLS on PGA Boulevard between I -95 and U.S. One was discussed. The City Council favored six lanes rather than eight on PGA Boulevard. Councilmember Sabatello commented that there was no way to improve the area between I -95 and Alternate AlA because of the flyover, which was designed with six lanes. Mr. Webb responded that the flyover would have seven lanes -4 eastbound and 3 westbound, with a new traffic light on the very East Side of Alternate AIA and additional turn lanes that could improve travel time through that area. Staff reported the Abacoa Phase I through III background numbers, which showed more impacts on north south roads. than on PGA Boulevard. Councilman Sabatello discussed the fact that if the City made no decisions they would do an injustice to the residents because the residents would receive lower levels of service and feel the impact greater than with what was being done by the County, developers, and adjacent communities working together, with which Mr. Webb expressed agreement. Sam Shannon, Community Development Director, Town of Jupiter, indicated Jupiter was interested in the North County Traffic Forum and that Jupiter had never objected to the CRALLS, but he had requested that the traffic forum be held before the CRALLS was adopted. The number of units actually built in the Bear's Club was discussed. David Thatcher, Community Development Director for the Town of Lake Park, discussed potential development along the new section of Congress Avenue, expressed concern that traffic might be redirected from PGA Boulevard to Northlake Boulevard, and indicated Lake Park would participate at the traffic forum. Discussion ensued regarding the number of trips on Northlake Boulevard. Councilmember Sabatello questioned if the City did nothing and Lake Park built out as Mr. Thatcher discussed, whether the existing CRALLS on Northlake would be exceeded, to which Mr. Webb's response was it would be very close. It was noted that the numbers did not include Vavrus or Brigger properties. Replacing the existing CRALLS with the new CRALLS was discussed, which would mean only the developments listed in the forbearance agreement could be developed. Kahart Pinder commented there were other property owners not on the forbearance list. It was noted that a request had been made at the last meeting that both the current and requested • • CRALLS be allowed. The County's response was that redevelopment could use up capacity before the last developers on the forbearance list were ready to develop. Mayor Russo questioned whether it was legal to exclude developments other than those on the list, which a representative of the County indicated was legal. City Engineer Lindahl explained that unlike other CRALLS, the current CRALLS had two attached conditions that were outstanding, (1) that the CRALLS was related to the participants in the forbearance agreement by assignment; and (2) that there were conditions of accountability with regard to the City's commitment and progress toward fulfilling the linkage plan. Discussion ensued regarding redevelopment projects, and Mr. Webb explained that if a project added less than 1% traffic increase it could be developed even if there was no additional capacity; and also clarified that developments not on the forbearance list could not use available trips if developments on the forbearance list did not build out 100% unless the Comprehensive Plan was amended to allow use of those trips. An option to change that was suggested. It was noted that new figures could be transmitted twice a year. Commissioner Marcus indicated she did not support the new numbers, and wanted to go as far out into the future with traffic planning as possible. Discussion ensued regarding what had changed. Commissioner Marcus responded to Councilwoman Furtado that the only thing that had changed was the numbers were higher. It was explained that this was a case of what the County would accept rather than what the City wanted. Commissioner Marcus commented that some of the numbers were numbers for eight lanes. Vice Mayor Jablin appealed to the County to find a solution to make PGA Boulevard six lanes. November 13 and 14 were announced as the dates for the traffic forum. Commissioner Marcus verified that at this point she favored the original transmitted numbers and that the City should have a public hearing on the CRALLS issue. Mayor Russo commented a meeting was needed with the residents to explain the situation. Commissioner Marcus acknowledged that input from the residents might change her mind. A County representative discussed the proposed impact fees of the County, which would be deficient in 2015. Under the current ordinance, only Bums Road would receive County impact fees since it was the only linkage on the thoroughfare map, therefore the developers would need to pay for the other linkages. Councilwoman Furtado noted the Donald Ross Road Bridge had been paid for with impact fees and gas tax funds; yet the City had received no funding toward the flyover, to which the response was that Donald Ross Road was a State road rather than a County road. It was agreed to hold a joint public hearing with the City and County regarding the question of how many lanes Prosperity Farms Road would have, with the County doing the presentation. ADJOURNMENT: There being no further business to discuss, upon motion by Councilman Sabatello, seconded by Vice Mayor Jablin, carried 4 -0, the meeting was adjourned at 9:10 -p.m. APPROVAL: • MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO 49 • ATTEST: CAROL GOLD CITY CLERK • U-1 COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO • CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING October 19, 2000 The October 19, 2000, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag, and a moment of silence for the sailors aboard the U.S.S. Cole who lost their lives. ROLL CALL: The City Clerk called the roll and the following elected officials were in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember David Clark, Councilmember Lauren Furtado, and Councilmember Carl Sabatello. PRESENTATION: Palm Beach Gardens Youth Athletic Association Softball Facility - Tory Buckley, President, Palm Beach Gardens Youth Athletic Association Girls' Softball Division, presented a proposal for renovation of the Lake Catherine Ballfield which would benefit the Girls' Softball Division and the residents of the City. The proposal included expansion, refurbishment, and addition of girls' bathrooms near the softball fields, installation of additional concession stands to increase city revenue from athletic activities, expansion of storage facilities and parking lots, safety nets at ballfields, construction of a children's playground for use by children of residents as well as players' younger siblings during ball games, and adding two ballfields through agreement with the School Board from unused fields at Howell Watkins school. The City Council was requested to authorize a steering committee for this project as well as other needs for recreational programs. Consensus of the City Council was to move forward with this project, with a target opening date of 2002. Dr. Susan Foley, a pediatrician, spoke in favor of the proposal. MUNICIPAL COMPLEX CHANGE ORDERS: Construction Manager Ray Casto recommended approval of change orders proposed as a result of agreement reached with Suffolk Construction Company. This matter was tabled for future consideration in order to provide more information to the City Council. CITY MANAGER REPORT: Interim City Manager Ron Ferris provided an update on his activities to familiarize himself with the City administration, and reported on an issue regarding allegations implying that there had been unethical conduct associated with awarding a subcontract to build courts at the Tennis Center to the husband of Sue Miller, Parks and Recreation Director. The City Manager advised that in a 1998 opinion, then City Attorney Carole Post had indicated there was nothing unethical about the contract so long as the relationship between Ms. Miller and her contractor husband was revealed in the bid documents, which had been done. The Interim City Manager reported that Ms. Miller had not been a member of the selection committee; and reviewed cost overruns. City Attorney Rubin was requested to research and compare with this one another conflict of interest opinion by Attorney Post, which had been issued to Councilwoman Furtado. Inclusion of ethical guidelines within future bid documents was suggested. 0 CITY COUNCIL REGULAR MEETING, 10/19/2000 2 COMMENTS FROM THE PUBLIC: Pat Hughey - Ms. Hughey thanked the City Council for the new traffic light at Gardenia and Military Trail and expressed concern that no fence was proposed around the pond in front of the Fire Department or the retention pond at the Albertsons' project. CONSENT AGENDA: Councilwoman Furtado requested pulling items (b) and (d). Councilman Clark moved approval of all items on the Consent Agenda except items (b) and (d). Vice Chair Jablin seconded the motion, which carried by unanimous 5 -0 vote. The following items were approved on the Consent Agenda: 1. Consideration of approving Minutes from the September 21, 2000 Regular City Council Meeting. 3. Resolution 95, 2000 - Consideration of authorizing an amendment to an agreement with Palm Beach County for the partial funding of improvements at Westminster Park to utilize such funds for improvements to the Thompson River Linear Park. 5. Consideration of awarding the Bid for two Police motorcycles in the amount of $26,700.00. 6. Consideration of approving matching funds in the amount of $4,751.00 for 1999/2000 $42,759 Department of Justice Block Grant for equipment and software to improve access to critical information for Police Operations. 7. Purchase of EKG Monitors. 8. Arbor Day Proclamation. 9. National Epilepsy Awareness Month Proclamation. Discussion ensued on the following items that were not approved on the consent agenda: 2. Resolution 89, 2000 - Consideration of authorizing execution of a Joinder to a drainage easement executed by Mall Properties, Ltd. in favor of the MacArthur Center Property Owners Association, Inc. City Engineer Dan Clark requested this item be delayed to the next meeting in order to allow him time to investigate the matter. 4. Consideration of awarding the Bid for refurbishing of four police cars in the amount of $52,377.05. Councilmember Furtado noted lack of supporting documentation and questioned whether it had gone out for bid. Staff advised the requested information would be provided at the next meeting. PUBLIC HEARINGS: Resolution 47, 2000 - 2700 PGA Boulevard Sign Variance. Mayor Russo declared the public hearing open, continued from August 17, 2000 City Council meeting, and held on the intent of Resolution 47, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, granting two variances to the 15 -foot front setback and 300 -foot street frontage requirements for an existing ground sign located at 2700 PGA Boulevard, providing for repeal of resolutions in conflict; and providing for an effective date. Principal Planner Steve Cramer presented a request to continue the public hearing. Hearing no comments from the public, motion was made by Vice Mayor Jablin, seconded by Councilman Clark, to continue the public hearing for Resolution 47, 2000 to the November 2, 2000 City Council meeting. Motion carried by unanimous 5 -0 vote. Ordinance 28, 2000 - The Isles - Parcel 4.05. Planner John Lindgren presented the project, recommended approval with the 23 conditions and 8 waivers as stated in the staff report, and answered questions from the City Council. Councilmember Sabatello requested the applicant address costs for items in condition 3 and condition 6 to be tied to condition one, placing dollars into CITY COUNCIL REGULAR MEETING, 10/19/2000 3 an escrow account. Mayor Russo declared the public hearing open, duly advertised October 5, 2000 and held on the intent of Ordinance 28, 2000 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from DiVosta and Company for a Planned Unit Development by approving the Construction of 379, residential units, a 5,300 square -foot town center, a 1,600 square -foot swimming pool, 4 tennis courts, and a 400 square -foot maintenance building located at the southeast corner of Military trail and Hood Road, as more particularly described herein; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date. Rick Greene, Vice President, DiVosta Company, stated the petitioner agreed with the conditions as stated except condition one, requesting that this condition sunset if Hood Road improvements had not been done by December 31, 2003; requesting that in condition 2 highest and best use and the requirement to redesign the PUD if no approval for upland preservation was reached within three months be stricken, and instead refer to the discussion to be held on November 2 for approving the methodology and requiring applicant to pay the required fee prior to issuance of the first residential building permit; and requesting that condition 9 be modified to allow earthwork and digging for the lakes to begin if petitioner could obtain a South Florida Water Management District permit. It was decided to leave condition 9 as it was. Cyrese Colbert requested the waivers be clarified. Another Garden Woods resident expressed thanks to DiVosta Company for working with the residents. Carolyn Chaplin expressed her support for the project. Staff reviewed the requested waivers. Irving Freling questioned the connection to Plat 4 and was advised there was no connection. Hearing no further comments from the public, Mayor Russo declared the Public Hearing closed. Principal Planner Cramer indicated staff believed that the Military Trail landscaping would be installed prior to the 190th certificate of occupancy. Applicant requested language be added to allow a temporary construction and/or sales trailer. Councilman Sabatello requested the delivery dates be clear and worked out in a condition, and that location of the bus stop be included in a condition. Councilman Clark moved to approve amendments to Ordinance 28, 2000 as read into the record by various Council members and staff, including the City Attorney. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Councilman Clark moved to place on Second Reading by title only and to approve Ordinance 28, 2000 as amended. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 28, 2000 by title only on Second Reading. Resolution 93, 2000 - City Center Linkages Plan. Mayor Russo declared the public hearing open, advertised on October 8, 2000, and held on the intent of Resolution 93, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of the City Center Linkages Plan to serve as one of several mitigation measures designed to alleviate the impacts of the proposed and modified designation of constrained roadway at lower level of service (CRALLS) for PGA Boulevard; and providing for an effective date. Principal Planner Steve Cramer reviewed the plan. Mr. Cramer indicated staff supported a FEC railroad crossing north of the current location to provide a direct route from Military Trail to Alternate AlA to Kyoto Drive to the Regional Center. Roger Blangy acknowledged efforts by City staff to keep PGA Boulevard at six lanes, but indicated eight lanes with attractive landscaping could look better than six crowded lanes, and questioned why the property owner of the parcel north of PGA Boulevard wanted a railroad crossing on his property, to which City Council members responded this plan was the City's plan to alleviate traffic on other 0 C ITY MEETING, COUNCIL REGULAR 10 /1 /2000 4 roads. Mr. Blangy expressed concern that the train horns would be blown very close to Garden Woods both day and night. Mayor Russo advised that if the railroad crossing was built then proper planning must be done so that horns would not be blown close to Garden Woods. Councilmember Furtado explained that with 4 -way gates a horn was placed at the intersection rather than blown from the train. Mayor Russo requested a special meeting regarding this issue with experts brought in who could answer questions from the residents. Mr. Blangy suggested the railroad crossing be south of PGA Boulevard, and asked if the linkage plan would increase taxes, to which the response was that the roads would be built with impact fees rather than tax money, and that the location south of PGA Boulevard would not be as good a plan for traffic flow. Mayor Russo explained there were difficult decisions that must be made in order not to have future traffic gridlock and the Mayor and Vice Mayor expressed concern regarding the noise issue and the City Council's desire to work with the residents. Pat Coyle expressed his opinion that the issue was more than just noise and that a road might eventually be opened through Plat 4. Mayor Russo advised a special meeting would be held, and ways of notifying residents were discussed. Richard Orman expressed his opinion that the northern railroad track location was the correct location, but commented the problem was east -west roadways and questioned why the road had a strange configuration. to which Mr. Cramer responded. Pam Blank questioned if there would be a sidewalk and expressed concern for safety issues. It was noted this was a conceptual plan, and pedestrian connections were discussed. Sidewalks for both sides of the road were planned. Cyrese Colbert suggested abandoning an easement at the end of Banyan Street and installing a retaining area; provided a history of the stub road; questioned where the traffic went when trips were reduced on PGA Boulevard east of the railroad tracks; and stated EPA had a problem with the road over the lake. Attorney Larry Smith recommended that language be added in the Resolution that the City Council could make amendments from time to time. Sharon Long commented no one had responded to Mr. Blangy's presentation at the Planning and Zoning Commission meeting and expressed appreciation that the City Council was responding, and wondered if the County made PGA Boulevard eight lanes whether there be any reason for the railroad crossing or for the linkage plan. Mayor Russo responded that would require another traffic study. Councilwoman Furtado commented that a special meeting with FDOT, Mr. Blangy, Mr. Perez, Growth Management, and herself had been, held after Mr. Blangy's last presentation. Phil Holden commented the stub road from Military Trail was meant to service this property and the owner years ago had been paid a lot of money because of limited access. Councilwoman Furtado responded to Mr. Holden's question regarding the problem of stacking if the railroad crossing was placed south of PGA Boulevard. A Hemlock Street resident commented there was still a choice for the railroad crossing, to which Councilwoman Furtado responded that FDOT had chosen the location. Hearing no further comments from the Public, Vice Mayor Jablin urged everyone to come to the special meeting on this issue and announced a sign would be placed at the entrance to Garden Woods announcing the time and place. Councilmember Clark made a motion to continue the public hearing for Resolution 93, 2000 to the November 16, 2000 City Council meeting. Mayor Russo seconded the motion, which carried by unanimous 5 -0 vote. Suspension/Removal of City Manager - Attorney Terry Watterson reported that on September 25, 2000 the City Council had decided to remove Nabar Martinez as City Manager for cause and had passed the first Resolution of Removal under the City's Charter. Attorney Watterson discussed options available and presented a proposed agreement between the City and Mr. Martinez in which CITY COUNCIL REGU LAR MEETING, 1 /19/20 00 5 Mr. Martinez agreed to his termination and to resign his position, and which allowed salary and benefits to be paid through October 31, a severance package of $73,000, release of all claims from anyone who had had any dealings with the City by Mr. Martinez; and the City would release Mr. Martinez from all claims and would defend him if any lawsuits were brought against him. Mr. Martinez would affirm he knew of no violation by him or any City official or employee, of any law, ordinance, or regulation. Mr. Martinez would return property, and requested a copy of his personnel file, and was due no letters of recommendation. Pat Hughey expressed concern over City Council actions in regard to this issue and loss of confidence because the promised investigation into the performance of Mr. Martinez had not been conducted. Bob Patty, former Public Works Director, supported the decision to remove Mr. Martinez, and related incidents where Mr. Martinez had directed that projects be done that had not been budgeted and in some cases took money from budgeted projects, some of which had been over $10,000 and should have been reviewed by the City Council. Mr. Patty related incidents where Mr. Martinez had humiliated senior staff members in front of other staff and residents. Mr. Patty explained that he had done outside work on other employees' homes which he had cleared with previous City Manager Herakovich to avoid any appearance of impropriety, and had not borrowed money from other employees as alleged, but was still reprimanded by Mr. Martinez, even though he knew the previous City Manager had authorized Mr. Patty's outside work and that it had been before Mr. Martinez was employed by the City. Mr. Patty indicated he would not allow Mr. Martinez to slander his professional reputation and would take legal action on this issue if Mr. Martinez's termination were not resolved. Vicki Wade, Executive Assistant to the Fire Chief, read portions of a letter she had written regarding things that had happened during Mr. Martinez's reign as City Manager, including meeting with personnel while both she and the Fire Chief had been gone in which he had terminated her position as Community Education Specialist and berated the Fire Chief, which Ms. Wade believed was because Fire Chief Bergel would not accept the position of Assistant City Manager because doing so could jeopardize firefighter pensions and other benefits. Ms. Wade expressed support for the City Council's actions regarding Mr. Martinez. Attorney Justus Reid reported he represented employees Beth Ingold Love and Sue Miller, indicated that the tennis court issue had come up as a result of a City Council member leaking information to the press and that Ms. Miller had been very hurt and had done nothing wrong; and indicated that Ms. Love had been the recipient of Mr. Martinez's outrages and had been treated as a second class citizen. Attorney Reid indicated that these incidents had come about after it became known there was a problem with Mr. Martinez, and that Ms. Love's evaluation in August had been superlative. Mr. Reid commended the City Council for removing Mr. Martinez and suggested a more detailed investigation of future City Manager candidates. Joel Breyer, Area Vice President for Professional Firefighters and Paramedics of Palm Beach County and representatives for cities belonging to the local union, commented it was very difficult to get agreement between the firefighters, but there were approximately 30 in attendance on whose behalf he was speaking. Mr. Breyer expressed support for the action taken in dismissing Mr. Martinez and reported personnel had been treated in demeaning fashion, derogatory comments had been made; and appointing a police officer as Personnel Director had not been appropriate to deal with firefighters. Mr. Breyer expressed support for the Mayor and the City administration. Laura Kazakavage, wife of a City employee, reported she had been disturbed to learn Mr. Martinez had been fired from his last position in California where he had created havoc, and then was hired by the City. Mrs. CITY COUNCIL REGULAR MEETING, 10/19/2000 6 Kazakavage expressed her opinion that a City Manager was needed that would be for employees as well as residents. Richard Orman explained from his experience in city management that a city could not be run like a business, and a City Manager was needed who could run the city like a city. Mr. Orman supported the City Council action in removing Mr. Martinez but was against acceptance of the proposed contract, and recommended the City file a complaint against Mr. Martinez with the International City Management Association for his conduct. Mayor Russo advised the City needed to go forward together and not forget the number one goal, which was the residents. Councilman Clark indicated he had reviewed the proposed agreement and believed it would allow the City to move forward. Councilman Clark made a motion to approve the proposed agreement between the City of Palm Beach Gardens and Nabar Enrique Martinez as presented. Vice Mayor Jablin seconded the motion, which carried 3 -2, with Mayor Russo and Vice Mayor Jablin opposing. RESOLUTIONS: Resolution 86, 2000 — Finance Director Kent Olson announced Resolution 86, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, relating to the Construction of Certain Local Improvements within the Proposed PGA Flyover Assessment Area; Determining the Estimated Capital Cost of the PGA Flyover Enhancements; Establishing the Terms and Conditions of the Proposed Special Assessments, Establishing a Public Hearing to consider imposition of the Proposed Assessments and the method of their collection; Directing the provision of Notice; and Providing an effective date - had been pulled from the agenda. Resolution 90, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an Application from Burns Road Associates, Ltd. for an amendment to the Palm Beach Gardens Business Park Site Plan, located at the northwest corner of Bums Road and Interstate Highway 95, as more particularly described herein, by amending the Development Order language in Condition #1 of Resolution 58, 1992; and providing for an effective date. Planner John Lindgren presented the petition. George Kelly reported the sign colors had been changed, and he would be happy to explore the possibility of moving the sign as desired by Councilwoman Furtado. Councilman Clark made a motion to approve Resolution 90, 2000. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Resolution 92, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of a Site Plan for a 8,046 square foot Fire Rescue and Police Substation within the Golf Digest (Mirasol) PCD, located 1/4 mile north of PGA Boulevard on the east side of Jog Road and as more particularly described herein; providing for waivers; providing for conditions of approval; and providing for an effective date. Senior Planner Ed Tombari reviewed the petition. A representative of Gee & Jenson answered questions regarding the project, and Ann Booth, Urban Design Studio, spoke on behalf of the petitioner. Councilman Clark made a motion to approve Resolution 92, 2000. Vice Mayor Jablin seconded the motion, which carried by unanimous 3 -0 vote. Resolution 96, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, expressing its disapproval of the proposed interchange for Florida's Turnpike at the Bee Line Highway with an access road to Northlake Boulevard, and providing for an effective date. Siro DeGasperis spoke on behalf of PGA National POA and Northlake Coalition, expressing concern with an exit ramp exiting on Northlake Boulevard, and indicated the groups were prepared to take legal action against the proposal if necessary. Mr. DeGasperis requested the City Council pass the proposed Resolution. Mayor Russo announced that Councilwoman Furtado had left the meeting 0 CITY COUNCIL REGULAR MEETING, 10/19/2000 7 because of an emergency. Joan Elias, President of CAN in PGA National, expressed support for having no turnpike connection on Northlake Boulevard. Councilman Clark made a motion to approve Resolution 96, 2000 in the form presented by the City Attorney. Vice Mayor Jablin seconded the motion, which carried by unanimous 4 -0 vote. REORDER AGENDA: Councilman Clark made a motion to reorder the agenda to place Ordinance 31; 2000 after Ordinance 22, 2000. Vice Mayor Jablin seconded the motion, which carried by unanimous 4 -0 vote. ORDINANCES: Ordinance 22, 2000 - Principal Planner Steve Cramer introduced Clancy Mellon of Duncan Associates in Texas, who presented proposed updated impact fees as reflected in Ordinance 22, 2000 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the amendment of Division IV of Article III of the City's Land Development Regulations, entitled "Citywide Impact Fees," to update the Fire Protection and Emergency Medical services, Police Protection and Parks and Recreation Impact Fee Schedules, amend the independent calculation formulas, clarify the lien provisions, and make other minor revisions, providing for codification; providing for severability; providing for conflicts; and providing for an effective date. Councilman Clark made a motion to place Ordinance 22, 2000 on First Reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 22, 2000 on First Reading by title only. Ordinance 31, 2000 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the amendment of Division IV, "City Wide Impact Fees ", of Article III, "Development Review Process ", of the City's Land Development Regulations, to provide for Impact Fees by amending sections 49, 50, 51, 54, 55, and 57; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. Finance Director Kent Olson introduced Clancy Mellon of Duncan Associates in Texas, who presented proposed road impact fees and methodology for determining the fees. Attorney Larry Smith suggested removing the word "collector" in one section of the proposed Ordinance to allow credit for road improvements identified in the Thoroughfare Plan or in the City Center Linkages Plan without regard to whether it was a collector road, tertiary road, etc. Councilman Clark made a motion to place Ordinance 31, 2000 on First Reading by title only. Vice Chair Jablin seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 31, 2000 on First Reading by title only. Ordinance 29, 2000 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of a Conditional Use for an 8,620 square foot Fire/Police Station at the northeast corner of Howell Lane and Northlake Boulevard; providing for severability; providing for conflicts; and providing for an effective date. Planner John Lindgren presented the project. Councilman Clark made a motion to place Ordinance 29, 2000 on First Reading by title only. Vice Chair Jablin seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 29, 2000 on First Reading by title only. • • CITY COUNCIL REGULAR MEETING, 10/19/2000 Ordinance 30, 2000 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for Approval of the Application of the Benjamin Private School, Inc., for rezoning of 50 acres of land, located at the Northwest comer of the intersection of Central Boulevard and an unnamed future east -west road as more particularly described herein, from Planned Development Area (PDA) to Public/Institutional (P /I) with a Planned Unit Development (PUD) overlay, in order to construct a 187,671 square foot private high school campus; providing for waivers; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date. Consensus was to consider Ordinance 30, 2000 for First Reading at the next City Council meeting. ITEMS & REPORTS BY MAYOR AND COUNCIL - Mayor Russo announced a meeting with the School Board on October 31, 2000 to discuss swapping the City's fields adjacent to the high school with others. Mayor Russo stressed the urgency of hiring new personnel. Mayor Russo requested research into the contract with the search firm who had located Mr. Martinez to determine whether their responsibilities had been met. The City Manager was given direction to find a facilitator to work with the City Council. Holding agenda review meetings with staff and City Council after the City Council had received their agenda packets was discussed. The interim City Manager advised that the meetings would be advertised so that anyone could attend. Vice Mayor Jablin reported he had attended the North County General Aviation Airport Community Representative meeting, reported only two noise abatement events that were under investigation, and distributed a map used by pilots. The Vice Mayor indicated he would discuss other items from the meeting at a future meeting. ADJOURNMENT There being no further business to discuss, upon motion by Vice Mayor Jablin seconded by Councilman Clark, carried 4 -0, the meeting was adjourned at 11:30 p.m. APPROVAL: ATTEST: CAROL GOLD, CITY CLERK MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO • CITY OF PALM BEACH GARDENS CITY COUNCIL WORKSHOP November 1, 2000 The November 1, 2000, Workshop Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 12:25 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Vice Mayor Eric Jablin and Councilmember David Clark. Mayor Joseph R. Russo, Councilmember Lauren Furtado, and Councilmember Carl Sabatello were absent. PURPOSE: The purpose of the Workshop is to discuss the City Council Meeting agenda of November 2, 2000. City Attorney Rubin said item "b," Seacoast Utility Authority Joint Participation Agreement, on the Consent Agenda is being pulled. Councilmember Clark questioned whether Councilmember Sabatello had seen the changes made on the application for a sign variance at 2700 PGA Boulevard, Resolution 47, 2000. Finance Director Olsen was asked to explain the process and timeline for the Initial Assessment Resolution 86, 2000, for the PGA Flyover Assessment Area. City Attorney Rubin explained Resolution 100, 2000, which requests authorization to execute an Embankment Easement in favor of Palm Beach County in exchange for compensation in the amount of $1,982.00 There was discussion of Ordinance 30, 2000, Benjamin High School Rezoning, and it was indicated that another condition will be requested by staff. There was discussion of Ordinance 32, 2000, St. Mark's School Expansion, relative to the temporary classroom trailer. There was lengthy discussion of the item relative to Appraisals of Preserve Lands. Interim Growth Management Director Cramer and Finance Director Olsen explained. Dan Catalfumo, Catalfumo Developers, stated objections to the appraisal method recommended. Kevin Foley, also from Catalfumo, suggested alternatives be considered. Vice Mayor Jablin questioned the flashing light on Gardenia and Military. Assistant to the City Manager Ingold -Love said the light would be functional in 2 weeks. She was asked to look into the status of the traffic signal on Northlake, at BallenIsles and Steeplechase. ADJOURNMENT: There being no further business to discuss, meeting was adjourned at 1:25 p.m. APPROVAL: • MAYOR JOSEPH R. RUSSO 59 • ATTEST: CAROL GOLD, CMC CITY CLERK • VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO • • b4l/ CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: October 31, 2000 Meeting Date: November 16, 2000 Subject/Agenda Item Resolution 107, 2000 — Viridian Office Building Plat Recommendation /Motion: There are no Engineering concerns with this plat, therefore approval is recommended. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: Growth Management (Total) City Attor y [ ] Approved $ 0 [ 1 Approved w/ Current FY conditions ACM [ ] Denied Other Funding Source: [ ) Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ X J Not Required [ ] Other Memorandum bmitted by: G. C41A, ---- ean C. Donahue, P.E. Department Director Affected parties ( ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ X J Not required BACKGROUJ : See attached memorandum. • • • RESOLUTION 107, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE VIRIDIAN OFFICE BUILDING PLAT AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Engineer has reviewed the Viridian Office Building Plat; and WHEREAS, the City Engineer has determined that the proposed plat meets all the technical requirements of the City's Land Development Regulations and Chapter 177, F.S. and recommends the approval of the plat; and WHEREAS, the Plat is consistent with the City's Comprehensive Plan and LDRs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Viridian Office Building Plat, consisting of two (2) sheets dated August 31, 2000, prepared by Benchmark Land Surveying, Inc, attached hereto as Exhibit "A ". SECTION 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS ATTEST: Carol Gold, CMC, City Clerk DAY OF Joseph R. Russo, Mayor APPROVED AS TO LEGAL FORM AND SUFFICIENCY. City Attorney VOTE: AYE NAY ABSENT Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello 0 ' INC. CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS • CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEYING & MAPPING GIs "Partners For Results Value by Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax: (561) 286-3925 www.lbfh.com MEMORANDUM TO: Carol Gold FROM: Sean C. Donahue, P.E�'4100 DATE: October 16, 2000 FILE NO. 98 -4000 SUBJECT: Viridian Office Building Attached please find the plat for the referenced project prepared by Benchmark Land Surveying, Inc. We have reviewed the plat and found it to be technically compliant with Chapter 177 of the Florida Statutes and the City of Palm Beach Gardens requirements. The plat has been signed by both the reviewing surveyor and the City engineer. Therefore, we recommend its approval. SCD/ cc: Bahareh Keshavarz Jack Hanson P:\PROIECTS\PBGMEMO\4000W0OOr • r*s'u' a JaoJ• �JJ'1 J'IS L�Dfi -lrzo, • I I� i I I I I i I I �v m ..� Ez 0O :� 71 o I s I �rn V I N3 CO) i = I I � l c I � I O I � I a CD T f ul • � T 1 y ^ ^ O Y rn i y � = A .. z m z 0 n 0 Z z 0 0 ch n r �_2 °g Im .0 LIN e JDm �Z V y�omoyyyyTyy s9 a � v 0 9 z m ` g9 ry T � m W 'Ills o 2 8 v P, z 0 41 mn n m a O m • 0 N CITY OF PALM BEACH GARDENS C ITY COUNCIL Agenda Cover Memorandum Date Prepared: November 6, 2000 Meeting Date: November 16, 2000 Subject/Agenda Item: Consideration of approval of Resolution 109, 2000, reactivating the Municipal Complex Art Task Force and appointing additional members. Recommendation: Approval of Resolution 109, 2000 Reviewed by: Originating Dept: Costs: Council Action: City Attorney J�/ /) City Attorney Not Applicable [ ] Approved Finance [ ] Approved with conditions ACM [ ] Denied Other Advertised: Date: Funding Source: [ ] Operating [ ) Continued to: Submitted by: Paper: [ ] Other City Attorney [ X] Not Required Affected parties: Attachments: Resolution 109, 2000 Approved by: Memorandum [ ]Notified Resolution 97, 1999 City Manager [ X] Not Required • • M E M O R A N D U M WATTERSON, HYLAND & KLETT, P.A. To: Ronald E. Ferris, Interim City Manager Leonard G. Rubin, City Attorney (« ge Subject: Municipal Complex Art Task Force (Resolution 109, 2000) Date: November 6, 2000 This item has been placed on the agenda at the request of Vice Mayor Jablin and is a request for approval of Resolution 109, 2000, reactivating the Municipal Complex Art Task Force as created by Resolution 97, 1999. Resolution 97, 1999 provided for the automatic dissolution of the Task Force on October 7, 2000, unless extended by City Council. This Resolution would reactivate the Task Force as of October 7, 2000 and extend it fora period of one year from the date of adoption. It also provides for the appointment of two additional members. All other terms of Resolution 97, 1999 would remain in full force and effect. Should you have any questions relative to the foregoing, please do not hesitate to contact me. P:\C P W i n \History\000306A \446.23 (scw) (319.055 ) 0 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 109, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, REACTIVATING THE MUNICIPAL COMPLEXART TASK FORCE AS CREATED BY RESOLUTION 97, 1999 AND PROVIDING A NEW DISSOLUTION DATE; APPOINTING ADDITIONAL MEMBERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution 97, 1999, the City Council C1441 established a Municipal Complex Art Task Force to make recommendations to the A*6 A -ffiembcrs regarding the art program and selection of artwork for the new municipal complex; and WHEREAS, Resolution 97, 1999 provided for the automatic dissolution of the Art Advisory Task Force on October 7, 2000, unless extended by the City-Council; and WHEREAS, notwithstanding the original dissolution date, the City Council wishes to reactivate the Art Advisory Task Force, establish a new dissolution date and appoint additional members; and WHEREAS, the City Council has determined the adoption of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The Municipal Complex Art Task Force is hereby reactivated as of October 7, 2000 and shall remain in existence for a period of one year from the effective date of this Resolution, at which time the Task Force shall be automatically dissolved unless extended by the City Council by subsequent Resolution. SECTION 3: Those persons appointed to the Municipal Complex Art Task Force by Resolution 97, 1999 are hereby reappointed and reconfirmed. The following additional members are hereby appointed: Gard Katz and Raymond Katz. SECTION 4: To the extent not modified or repealed herein, all provisions of Resolution 97, 1999 shall remain in full force and effect. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 0 -1- 0 • • SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2000. MAYOR JOSEPH R. RUSSO ATTEST: CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK IPA • • • NOV 02 '00 01 :16PM PALM BEACH GARDENS RESOLUTION 97, 1999 --�, P. 2 October 4, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, CREATING AN ART ADVISORY TASK FORCE ENTITLED "MUNICIPAL COMPLEX ART TASK FORCE "; ES'T'ABLISHING PROCEDURAL REQUIREMENTS; APPOINTING PERSONS AS MEMBERS; PROVIDING SPACE FOR MEETINGS; PROVIDING FOR AUTOMATIC DISSOLUTION; AND, PROVIDING FOR AN EFFECTIVE DATE. VMFREAS, the City Council of the City of Palm Beach Gardens desires to appoint a task force to assist with the art program and selection of the artwork for the municipal complex. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Sec�tii l. The City Council hereby creates an art advisory task force entitled "Municipal Complex Art Task Force" to be comprised of up to eleven (11) persons. The task force shall make recommendations to the Art Advisory Board members regarding the art program and selection of the artwork for the new municipal complex. Section 2, The task force shall meet within ten (10) working days from the adoption of the Resolution and elect a chairperson from among its membership. Thereafter, it shall hold meetings as often as the task force deems necessary. A majority of the members shall constitute a quorum. All members shall serve without compensation. The task force shall automatically be dissolved on October 7 , 2000 , unless extended by the City Council by subsequent Resolution. Section 3. The following persons are hereby appointed to the art advisory task force: Howard Ostrout, Shervl Wood, f rey BlAel v, Caren. Hacktx Aa, Pavid P_ortez, and Cvnthia Grev. • • U-j NOV 02 '00 01 :16PM PALM BEACH GARDENS RESOLUTION 97, 1999 Page 2 S?,ctiQn 4. The City MAnager shall provide space for the task force to meet. Section 5. This Resolution shall be effective upon adoption. INTRODUCED PASSED AND ADOPTED THIS DAit O O TOW " 199 MAYOR ATTEST: APPROVED AS TO LEGAL FORM LINDA V. KOSIER, CMC, CITY CLERK AND SUFFICIENCY ( - G (L/ '/ CITY ATTORNEY VOTE: AYE ABSENT MAYOR RUSSO 4-- VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO .� NOV 02 100 01 :17PM PALM BEACH GARDENS ArtT"OoroeConantttee meuibus,doc 10/12/99 P.4 ;ARDENS TASK FORCE TERM ]EXPIRES* DATE APPOINTED 1017/2000 10/7/99 10/7/2000 10/7/99 10/7/20o0 10/7/99 10 /7/2000 10/7/99 10/7/2000 10/7/99 10/7/2000 10/7199 10/7/2000 - 10/7 /2000 10/7/2000 10/7/2000 10/7/2000 extended by the City Council by subsoquent CITY OF PALM BEACH MUNICIPAL CONTLEX ART (I I Members) MEMBERS PHONE NUMBERS Caren Hackman H: 622 -4884 4305 Hickory Drive 33418 Cynthia Grey H: 626 -2117 257 Cypress Point Drive 33418 David Porter W: 694 -0100 11 Kintyre Road 33418 Howard Ostrout H: 575 -7118 126 S. Hampton Drive W: 743 -3009 Jupiter, Florida 33458 FAX: 743 -8034 Jeffrey Blakely W: 627 -6145 4099 Burns Road 33408 Sheryl Wood H: 755 -3424 4487 Hickory Drive 33418 W: 687 -6278 *The task force shall autamatically bo dissolved on October 7, 2000, unless Resolution. Eric Jablint Couacil Liaison (627 -4947) ArtT"OoroeConantttee meuibus,doc 10/12/99 P.4 ;ARDENS TASK FORCE TERM ]EXPIRES* DATE APPOINTED 1017/2000 10/7/99 10/7/2000 10/7/99 10/7/20o0 10/7/99 10 /7/2000 10/7/99 10/7/2000 10/7/99 10/7/2000 10/7199 10/7/2000 - 10/7 /2000 10/7/2000 10/7/2000 10/7/2000 extended by the City Council by subsoquent • • LW CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 6, 2000 Meeting Date: November 16, 2000 Subject/Agenda Item: Consideration of approval of Resolution 110, 2000, authorizing the City Engineer to execute an application for a Florida Department of Transportation general use permit relating to the construction of sidewalk improvements within the FDOT right -of -way adjacent to Oakbrook Square and authorizing the Mayor and City Clerk to execute an indemnity agreement with the owners of Oakbrook Square. Recommendation: Approval of Resolution 110, 2000 Reviewed by: Originating Dept: Costs: Council Action: City Attorney / ^^ City Attorney Not Applicable [ ] Approved Finance [ ] Approved with conditions ACM [ ] Denied Other Advertised: Funding Source: [ ] Continued to: Date: [ ] Operating Submitted by: Paper: [ ]Other City Attorney [ X] Not Required Attachments: Affected parties: Resolution 110, 2000 Approved by: City Manager [ ] Notified [ X] Not Required Permit Application Indemnity Agreement M E M O R A N D U M WATTERSON, HYLAND & KLE1T, P.A. To: Ronald E. Ferris, Interim City Manager From: Leonard G. Rubin, City Attorney 4F Subject: Oakbrook Square (Resolution 110, 2000) Date: November 6, 2000 This is a request for approval of Resolution 110, 2000, authorizing the City Engineer to execute a FDOT general use permit application and authorizing the Mayor and City Clerk to execute an Indemnity Agreement with the owners of Oakbrook Square. The development order authorizing the expansion of the Oakbrook Square required the landownerto connectthe site to the existing sidewalkwithin the FDOT right -of -way so as to address access issues relating to persons with disabilities. FDOT would not issue a general use permit for the construction of such improvements unless the City agreed to be a co- applicant for such permit. To protect the City from any liability associated with such permit application, this office prepared an Indemnity Agreement whereby the owner of Oakbrook Square would indemnify the City with respect to any claims arising out of the construction and maintenance of the sidewalk improvements. The execution of these documents will effectuate the intent of Ordinance 47, 1999, the development order for the Publix expansion at Oakbrook Square. Should you have any questions relative to the foregoing, :please do not hesitate to contact me. P: \CPW in \History\000306A \446.23 (scw)(319.055) • 74 0 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 110, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE CITY ENGINEER TO EXECUTE AN APPLICATION FOR A FLORIDA DEPARTMENT OF TRANSPORTATION ( "FDOT ") GENERAL USE PERMIT RELATING TO THE CONSTRUCTION OF SIDEWALK IMPROVEMENTS WITHIN FDOT RIGHT -OF -WAY ADJACENT TO OAKBROOK SQUARE AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INDEMNITY AGREEMENT WITH THE OWNERS OF OAKBROOK SQUARE RELATING TO SUCH PERMIT APPLICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Development Order for the expansion of the Publix grocery store at Oakbrook Square (Ordinance 47, 1999), required the landowner to provide a sidewalk connection from the site of expansion to the surrounding public sidewalk in accordance with the Americans with Disabilities Act and the Florida Accessibility Code for Building Construction; and WHEREAS, the construction of the sidewalk improvements within the FDOT right -of- way requires a general use permit from FDOT and FDOT will not issue such permit unless the City agrees to be an applicant or co- applicant for such permit; and WHEREAS, in order to facilitate the construction of the required improvements, the landowner has executed an Indemnity Agreement, whereby the landowner agrees to indemnify the City for all claims relating to the construction and maintenance of the sidewalk by the landowner within the FDOT right -of -way by virtue of the City's status as co- applicant; and WHEREAS, the City Council has determined the execution of the general use permit application and the Indemnity Agreement to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby authorizes the City, Engineer to execute the FDOT general use permit application attached hereto as Exhibit "A" and incorporated 0 -1- • herein by this reference to facilitate the construction of sidewalk improvements within the FDOT right -of -way abutting Oakbrook Square. • SECTION 3: The City Council hereby authorizes the Mayor and City Clerk to execute the Indemnity Agreement attached hereto as Exhibit "B" and incorporated herein by this reference, whereby the owner of Oakbrook Square agrees to indemnify the City for all claims relating to the construction and maintenance of the sidewalk improvements within the FDOT right -of -way. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2000. MAYOR JOSEPH R. RUSSO ATTEST: CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK 0 -2- • LbLf INC. CONSULTING CIVIL ENGINEERS, SURVEYORS a N-IAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEYING & ,MAPPING GIs "Partners for Results Value by Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax: (561) 286 -3925 www.lbth.com MEMORANDUM TO: Len Rubin, City Attorney FROM: Sean C. Donahue, P.E. �n DATE: November 3, 2000 FELE NO. 99 -4054 SUBJECT: Publix @ Oakbrook Attached please find three copies of the Florida Department of Transportation General Use Permit Application and the Indemnity Agreement for the referenced project received on November 2, 2000. We have no engineering concerns with the proposed construction of the sidewalks within the FDOT Rights -of -Way. Therefore, we recommend approval and execution of the permit. SCD/ cc: Steve Cramer Nick Mihelich -Urban Design Studio P:\PR0JECTS\PI3GMEM0W054\4054s e-1 LE rIo.s2s 10/20 '00 10:'0 LE311(zm sTuDio va ' FLORIDA DEPARTMENT OF TR.ANSPORTATI DISTRICT FOUR U� ' GENERAL USE PERMIT APPLICATION DATH OF DEPARTMENT RECBIJT: _ _ _ _ _ _ _ _ PERMIT NUMBERI _ _ _ _ _ _ _ _ _ _ _ _ _ _ — L ROAD SECTION: STATE ROAD: (us 1 LI;1IT27 ACCESS: ^Y �H COLN'r;: ?At,� CaNT/teT•.►y- AiSfLIeit APPLICAN'i'�_IAB tftlr�IJUf C °N�P'/'1��C.. /"(j,P CIT'� Gt �G� Vf'4t� �?�ld�{Ci1S PHaHE: „(_OdJ9•GY%i7�j l/��f -,:*r� ADDRESS: !.soot t(Ga• ®640 YT& ?so . PALM 5510 GARb�;PS 3310 rNp(o Applicant requests oarmissio from tha state of Plorlda Department a£ Transportation thereinafter called the oepartment)ta construct caerate maintain the facility shown in the accompanying engineering draw ngs and datacYib =a no:- i�)np4Y �e�T Bi 5� Wilk -7fljf ?plc (Lt S�v� -E&J u. of ShmiVA 0e P(,;;A 3(..up (s,R, ?P 3) �( .� cum► (hereinafter retacred to as tale permitted work), FROM?1p______ 73 MP ______, or FROM STATION __ ___ _ TO STATiCN_________ Relacance associated state Project N=bc r: _ _ _ _ _ _ _ _ _ ; dace completed: under construction (date construction began): _ _ _ _ _ _ _ : dace to be let: _ _ _ _ _ _ _ _ _ The requested permit work is, in the city of �ALiI �4�C�1R(ris not in a city Applicant agrees to the following conditions: 1. The applicant, with the applicant's engineer Of record, shall suzervlse the permitted work. The Department rcrc —. as the right to inspect the wack, mat = vials, er equipment At any time with or without prior noci!icatlon. Z. The applicant shall aubmit documentation acknowledging t` :t pending work from all affected maintaining agencies prior to approval of this pernic. Malncai;iing agencies are those agencies that, by agreement, maintsin some facilities in Department right -ef -way. maintaining agencies may place obliga :iona uzon the applicant which the Department may include as permit conditions. for traffic aignals: , I — for sc :cct lights: far / for _ 3, The applicant ccrti!ic3 by aignatura hereon that the location of all affected utilities has been ascertained and that the applicant is in compliance with all applicable Florida Statutes. The applicant mailed lectern of noti!learicn of pending permit work and requesting location to the following municipalities and utility owners on the dates shown: 4. It is cxpresalT 9t:pulatcd that this permit is a license for per:llasive use only. The placing of facilit- a or improvements within public right -o! -way, pursuant to this permit, does not create cz vest any property rights. S. The Department may detarmine that removal or adjustment of permitted features or improvements is required to facilitate necessary construction, maint;nanco, safety, or e!ficiancy of the a highva Removal or adjustment will be immediate cc as othc :.1se dir:etc3 by the pepar:menc ar. shall a at the expense a! the applicant unless relmbursemant !s authorized. 6'• The applicant may be r:ssired to provide notice relating the plan to the public in a manne_ prescribed by the Daparcmanc. The perzitted work shall not unduly interfere with the rights of o :hor,,, including ot`.tier permlt heldara, without appropriate agreements v!th those others. 7. The integrity of all declarations (whether expr,saad o_ i.apli'ed) and of all design drawings preaented Cc support this pe mit raqueat is she renpenaibilitj at the applicant. Such acclaratlens and drawings steal: pa a part of the permit. a, The applicant, hells, assigns, and succaasors in intetesc is bound and 'obligated to save and hold the State o! F'_or14a, the Department, its agents, and employees harmless lroA any and all damages, claims, expanse, or injuries arising out of any act, neglact, or omission by the applicant, hairs, assigns, and successors in interezt that may occur bY reason of this facility 0 daalgn, con9tzuccian, rainCenance, or continuing existence o! the pet alt :cd work, except that the eppllcs.ne shall not be liable under thia provision for damages arising !cam the sofa negli artce of the Department. • _ _ to be completed by the Cepartment R -o Gy ,Iavembar, 1994 (replaeas D-4('A)15)) FILE No. bGJ 11j/21) 'UU 10*-'04 9, The op licant ag;cea to safely conduct the publLe through the permitted work area from the time nark begins to the time at acespp ante of eerciflcation of work. Full compliance with the current Department Roadway and TraCfie Design Standards (600 Series), is a minimum requlrament. The Department may raquLra the applicant to take further measures, including the ac,-aisitian of Cho services of uniformed off duty polled officers to assist in trafele safety. 10. 'rho a lLcant shall pprovide to( a re- construction conference with the Depactmen¢ project engineer. the applicant shall prepacc and present at the pre- construction con!_ :etsce•an anargeney restoration plan to address eventualities such as hurricanes. Tho appLicant shall provide A 2l- hour telephone number by which the Department may contact the person responsible for and who has authority to ace on the emergency reetocacion plan and matricenancc.of traefic. 11. In the event th licant falls to meat any of tha provisions of this penal:, all work in pursuit of the permit objective must cease and the applicant must immediatelyy restore adeected public property to a condition as good as or better than before permit work began. The applicant will continue to indamnicy the Department as ataced Above until. restoration is accepted by the Department. 12. The applicant is required by Florlia Statute to notify local law enforeemant agencies prior to closing one or more lanes of the State highway for periods exceeding evo hours. 13. special conditions for this permit: �oth2r special canaiL lens may 6c aCticnea)- - - - 14. At the complatlon of the construction, and prior to Department acceptance o! :ertifieation, the cngincec of record shall certify with original signature that the work and materials: (a) Comply with the Oeppa —meat Standard Specifications 'or Road and s:idgz Con3crUetion dated 9!� and Roadway and Traffic Design Standards dated 1 I's in accord with all plans, special provisions, policies,- regulations, and safety scandacda pertaining to the permitted stark. (c) Is in accord with all applicable local, county. S:ste, and national ordinances, rules, codes, and laws. IS. The Department may accept certification of the permi`_tad work upon cha restoration of the public facility and Aatisfaetoty completion o1 the permitted vo`_R. 'rho Department shall not accept certification prior to the applicants aubmission of two. complete sets of as -built plans and three sets if a bridge ecructurc is infolved. Ualess t`:e applicant can show good cause for delay and unless tho Department approvaa an oxtcnaion, all permitted eonstructian work ahall be coaplsted within one year of pormit approval. 16. The engineer of record is: UKI AAk) 9F_51AO `)- T(J01{ Telephone: professional Engineer Li_ense Number: 3 5 Address: Zo00 Yj;l.ti grAr8 11. The Department project engineer of th local maintenance office pr the esidcnG�rnn, n:rtion office isl_ _ �,_ V.,AJL(,A.r� / U�L���'- UL - - - Telephone: Address* - - , - _1SJ� I _t�l�l B�V�L•lL T_?6a5f9a 19. Authorization for the agent signing Zor the applicant (if other then tho applicant) is Indicated in a notarized letter from tie applicant dated J The letter is made a part of thin application. 19. The applicant understan4s that aiLeration to this 'o:n (ocher than filling out the bLAnF apaeeS provided in the November, 1594 revision) makes this arplicat:cn and approval invalid. Use of both franc and back is required with aig nature blocks Dell on the back of fo.^.na. TH. APPLICANT OR TH= ABF'-ICAttT'S AGC47: 1 f( �_ N {! r 1 v f_ 'no, _ + `dR PRiNT30 NA`I- AND TZTL3 DATE SIGNATURM - I 111 V RECOM4ZNDE_D_ oOR THM OEPAR". rNT OF 7.1-46 ?CP.TATION FOR A?pROV -1 BY: _ CNAt1:: DA"D: SIGt1ATURE. APPROVED FOR THE CE ?aRTHENT OF T,ZL43201TATION HY: _ N:.HB: - DxTE: TITLE: I SIGNATni to be e_mPleted by the Department 0-4 Gt) :a.lamher, 1944 (;:places D- 404)(5)) r 0 '00 10 *-54 [0= (jFE -44 �E:,[G•I Si+JD[0 F <: E�i�S'0=E i Fc:;` FILE Na.G2.. 1J /GJ FLORIDA DEPARTMENT OF TPANSP'ORTATION DISTRICT FOUR GENERAL USE PEP.MIT APPLICATION DAre OF DEPARTMENT RSCPZPT- _ _ _ _ _ _ _ _ PERMIT NUMBER: ROAD SECTION# STATE RCa.7: .(Us ) LIMITSD ACCESS: _,Y ZH COU)(TY; ''II CsNfAdI r).HINFLIaN APPLI:dNT: -1AP, tt040LIf Cf)i�PY (j�a, ) �aY_I(it Pttc": GOl- 0054 1, k0A11 aaaRess:_ I401 t— &A- BLVO i'(E 2017 PA(•tt 5FANN &,AR.'OFU`, 33410 - otriq-q o Applicant raquesta parmiaeto from the Stata of Florida oepartnenc of - ran= poceatlecr (hereina!zer called the Department I to construct operate ___maincaln the facility, shown in the accompanying {engineerInng raw ngs and dei.7 ea lore: �- Clt�7v,ro'xiptWPl� CT i I rAJFu,. -PPef 0p_1' w;Jr oao `(herainafter• referred to as the permitted work), FROM MP _ _ _ _ _ _ TO Np or FROM STATIOU _ _ _ _ _ _ TO STATION Reference psaociaced SCaCe Project: !(wnber: _ _ _ _ _ _ _ _ _ _ _ date ecmpLeted; _ _ _ _ _ under construction (data construction began): dace to be lot: The requested permit work is: in the city of ?ALA MAC '14, �} }:�f.1'� ) not in e city Applicant agrea9 to the following conditions: 1. The applicant, wLzb the applicantla engineer of recoci, shall iupe :vise the permittcd work. The De artmant reserves the right to inspect the work, ma:eriala, or equipment at any ti-re With or without prior notification. The applicant shall submit documentation acknowledging the pending work from all affee:ed maintaining agencies prior to approval of this permit. Maintaining agencies arc those agencies m that, by agreeent, maintain some facilities in Departman: right -of -way, Maintaining agencies may place obligations upon the applicant which the Oapartment may include as permit eondiClons. for traffic signals, _ far street lights: for _ for 3. The applicant certifies by signatur: hereon that tyre locacian of all af!ected utilities has been ascertained and that the applicant is in campliance with all applicable Florida 9= atucas. The applicant mailed letters of noti_`ication of pending permit -work and rc-questing loeaticn to the following municipalities and utility owners on the dates shown: .19� t .131 '19 4. It is expreaaly stipulated that this acrmit is m license for permissive use only. The placing of facilities 'or improvaments witkn public right -of -way, pursuant to this permit, does not create or vast any property rlght3, S. The Departm; nc may determine that removal or adjust,.Iont at permitted features or improvement -3 is required to acilitite necessary construction, maLntena:rc =, safety, or affieiency of the highway. Rcmeval er adjustment will he immediate or as ozSa=wise directad by tho Depart-a-rt and a)rall be at the expense of the applle %rrC unless reimburse rent is authorized, G. The applicant may be required to provide notice raat'_ng 'the plan to the publi: in a nannec prescribed by the Department. The psrmit:ea work shall not unduly incsrfere with the rights of others, including other permit holdcra, without appropriate r+grssmerrts wit', those othasa. 7. The integrity o° all deelarationa (whether. c :p;vaaad oe Implied) and or all design Cr2'Ji##gs preaentcd to support this permit re;,uaac is the raaporvi6iliry of the applicant. Suet, declarations and drawings shall bo a part of t),a permit. B. T1,a applicant, heirs, arraigns, and ouccesso%z in inte_ost Ls bound and obligated to aa„o and hold the State of Flarlda, the ^apaecrent, ita agenta, arid cm;;Loyeea harmless from any and all damages, claims, expense, or injuries arising out of an set. neglect, or emission byy the applicant, heirs, saslgns, and sueaessors in interest that nay occur b reason of thi9 facility design, construction, mainccnancs, or continuing exiat_nca.a!'the permitted work, except that the applicant shall not Iza liable urrdcr this provision for damages %::sing from the sole negllgenc- cf -the Department. i to be completed by ctre Department P -4 GU Novemeer, 1994 (- eplaees p- 4twitst I • .FILE No.625 10/20 '00 10'55 ID:URSAN DESIGN STUDIO FAX:S61689055I PAGc 5/ 10 9. The appplicant agrees to safely conduct the public through the permltcad work area from the time work begins to the time of acceptance of certification or work. Pull compliance with the current Depaetment Roadway and Traffic Design Standards (coo serlas), is a olnimum requirement. The Departmant may require the applicant to take further meaaures,including the acqulaLttan of the services of uniformed off duty poliea officers to assist in traffic as acy. la, The applicant shall provide for a pre - construction eon;crence with the Depa�2tsCa1t project engineer. The applicant shall prepare and present at the pce- construction conference an emergency restoration plan to address eventualitiaa such as hurricanes. The applicant shall provide y 24- hour telephone number by which the Depazcment may contact the person responsible for and w4a has authority to act on the emergency restoration plan and malnr.enance•at traffic. 11, In the event the app Licant fails to meet any ae Che pr.tvldlona of this permit, all work in pursuit of the permit objpactive must cease end the applicant must immediately restore sefected public property to a condition as good as or better than befdre permit work began. The applicant will continue to indemnify the Department as stited above until restoractott is accepted by the Department. 11. The applicant is required by Florida statute ca notify local law enforcement ageneias prior to closing one or mace lanes of the state highway for pezlada exceeding two (tours. 17. special canditlans for this pocmitt - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --,- - Tochei sL+ecial ecnaltlona may ha- a- teacFaa)- - - ` - - - - - - -• - - - - - - - ` - - - - - - 14. At the completion of the construction, and prior to Department acceptance of certification, the engineer of record shall certify with crigit:al signature that .the work and materials: (a) Comply wit)t the Department ceandard Specifications for Road and Bridge Construction dated p-3 _ and Roadway and Traffic Design Standards dated 2." _ is in accord 4ith all plans, special provisions, policies, regulations, and safety standards pertaining to the permitted work. (e) Is in accord with all applicable local, county, State, and national ordinances, rules, codes, and laws. IS. The Department may accept certification of the permitted work upon the restoration of the public facility and sacisfactory completion of the permitted work. The Department shall not accept certification prior to the applicant`s submission of two complete sets of as -built plans and three seta i= a bridge stzuctuts is involved. Unless the applicant can show good cause for delay and unLcos the Department approiee an extension, all permitted construction work shall be coatpletad within ono year of permit approval. 19. The engineer of record is: 9 SIA" 'V1010 Telephone: Professional Engineer License Number: . Lcc35 Address:,. � On(1 PALM 6E Ae'p LAKE C y p 11, The Department ra set engineer of A Qlmealpm�a�intenance office or the lid n tz c -ton office Lai_ _ �,_� `Icy LlF jiL -�iv'S - - - TaIaphonc: (_ 1_ :l�� Address,_ _lJfr _Y Ll-_�_ &V i11 ��� �:�L�� fa 18. Authorization for the agent eig:liny for the applicant (if other than the appliealtt) is indicated in a notarized latter from the applicant dated TN letter is made a part of this application. '— 19 - The applicant understands that alteration to this facts (other than filling our the blank spaces provided in the November,1994 re vision) makes this apollcatLon and approval invalid. Use of both front and back is requited with aignarluze blocks below an the back of the forms. THE APPLICANT OR THE APPLICANT'S AGcIT: TYPE D OR FRIN�G •t D TITLe T]ATE ! SLGNATURZ- P.£COMMENDHD FOR THB DBFARTMENT OF '7,WSppp,TATIOt( FOR APPROVAL BY: NaM£: DATE:_ S1cNxTUR£: APPROVED FOR TIf2 O°_PAATMENT OF TPAN97ORTATI0r1 9Y: - —I HAMS: DATE: TITLE: sICNATVRE: to be eomol_ted by the Department p -4 OU 11ovember, 1994 (replaces D- 4 (WI (S)I INDEMNITY AGREEMENT THIS AGREEMENT shall be effective as of the day of , 2000 (the "Effective Date ") and is made and entered into by and between OAKBROOK SQUARE SHOPPING CENTER CORP., a Florida corporation, as Trustee ( "Landowner ") and the CITY OF PALM BEACH GARDENS, a Florida municipal corporation ( "City"). WHEREAS, on or about December 16, 1999, the City issued a development order for the expansion of the Publix grocery store located at the Oakbrook Square Shopping Center within the City (Ordinance 47, 1999); and WHEREAS, as a condition to the issuance of such development order, Landowner's predecessor in interest was required to provide a sidewalk connection from the site of expansion to the surrounding public sidewalk in accordance with the Americans with Disabilities Act and the Florida Accessibility Code for Building Construction; and WHEREAS, in order to construct the sidewalk connection, Landowner is required to obtain a general use permit from the Florida Department of Transportation ( "FDOT ") for construction with the FDOT right -of -way ( "Permit "); and WHEREAS, in large part due to liability concerns relating to the existing sidewalk, FDOT will not issue the Permit unless the City agrees to be an applicant or co- applicant; and WHEREAS, as a condition precedent to becoming an applicant or co- applicant, the City is requiring that Landowner agree to indemnify the City for any claims relating to the construction and maintenance of the sidewalk by Landowner within the FDOT right -of -way. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, Landowner and the City agree as follows: ARTICLE 1. RECITALS. The recitals as set forth hereinabove are hereby deemed true and correct to best of the knowledge of the parties hereto and are incorporated herein by this reference. ARTICLE 2. AUTHORITY FOR AGREEMENT. Each party does hereby acknowledge and agree that it has the lawful authority to enter into this Agreement for the purposes contained herein. ARTICLE 3. LIABILITIES, LOSSES OR DAMAGES The Landowner undertakes to indemnify and save harmless the City against all loss and damage the City may suffer as a result of claims, demands, costs, or judgments against it arising out of the Landowner's construction and maintenance of the sidewalk connection to the existing 0 Page 1 of 4 sidewalk within the FDOT right -of -way as required by Ordinance 47, 1999 and in accordance with the construction plans referenced therein. ARTICLE 4. NOTICE OF CLAIM AGAINST THE CITY City agrees to provide notice to the Landowner within thirty (30) days of any claim made against City on the obligations indemnified against. ARTICLE 5. MISCELLANEOUS PROVISIONS. A. Notice Format. All notices required or permitted under this Agreement shall be in writing and shall be hand delivered by prepaid express overnight courier or messenger service, telecommunicated, or mailed by registered or certificated mail (postage prepaid), return receipt requested, to the following addresses: As to City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799 -4111 with a copy to: Watterson, Hyland and Klett, P.A. 4100 RCA Boulevard Palm Beach Gardens, Florida 33410 Attn: Palm Beach Gardens City Attorney Facsimile: (561) 627 -5600 As to the Landowner: Oakbrook Square Shopping Center Corp. 2401 PGA Boulevard, Suite 280 Palm Beach Gardens, Florida 33410 Facsimile: B. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. C. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. D. Assignability. This Agreement may not be assigned without the prior written consent of all parties to this Agreement. E. Severability. If any part of this Agreement is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted Page 2 of 4 to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. F. Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue of all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. G. Headings. The headings contained in this Agreement are for convenience of reference only, .and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. H. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. I. Construction. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement and, accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other and every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning. J. Attorney's Fees. It is hereby understood and agreed that.in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this Agreement or interpret same, or if any administrative proceeding is brought for the same purposes, each party to said action shall be responsible for its own attorney's fees and costs, including appellate fees and costs. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of [SEAL] ATTEST: , 2000. CITY: CITY OF PALM BEACH.GA.RDENS Lo Mayor City Clerk Page 3 of 4 FILE No.801 11/03 '00 16 :06 ID:URBAN DESIGN STUDIO FAX:5616890551 PAGE 5/ 5 11 %'03 '00 14:67 ID:Wattemon Hyland Klett FAX :561- 625 -3427 PAGE 5 • Executed by the Landowner this C day of __00W" Z2000. LAMO OAKBROO 8 P NG CENTER CORP., as cc (CORPORATE SEAL] By: �, -Rams: - p�vR%�%�tc20 Title: Viet pep.tslb T A4 T: { P_\CPWin\H1ST0RY \000927A\P 1 G.01(320.01 9)lgr4oc 1 I I i Page 4 of 4 • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 16, 2000 Date Prepared: November 3, 2000 Subject/Agenda Item Statewide Mutual Aid Agreement between the City of Palm Beach Gardens and the State of Florida. Recommendation/Motion: Staff recommends approval of Statewide Mutual Aid Agreement between the State of Florida and the City of Palm Beach Gardens. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: Total City Attorney ism Fire Rescue [ )Approved Finance $ [ ] Approved w/ Current FY conditions ACM [ ] Denied Human Res. Advertised: Funding Source: [ ] Continued to: Other_ Attachments: Date: [ ] Operating Paper: [ X ] Not Required ( X ] Other N/A Submitted by: Peter T. Berge Department Head Affected parties ( ] Notified Budget Acct. #:: [ X ] None Approved by: City Manager [ X ] Not required BACKGROUND: The City of Palm Beach Gardens is currently a signatory to the Statewide Mutual Aid Agreement. This Agreement is updated on an annual basis and allows for the City to give and receive mutual aid during times of disasters. This Agreement covers mutual aid responses from any department in the City. Staff recommends approval of the Statewide Mutual Aid Agreement'between the State of Florida and the City of Palm Beach Gardens. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 111, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYORAND CITY CLERK TO EXECUTE A STATEWIDE MUTUAL AID AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State Emergency Management Act, Chapter 252, Florida Statutes, authorized the State and its political subdivisions (counties and municipalities) to develop and enter into mutual aid agreements for reciprocal emergency aid and assistance in case of major or catastrophic emergencies too extensive to be dealt with unassisted; and WHEREAS, the Florida Department of Community Affairs has promulgated a Statewide Mutual Aid Agreement and political subdivisions of the State may become a participating government for purposes of the Agreement by executing same; and WHEREAS, in response to any request for mutual aid assistance, all participating governments shall render assistance to the extent personnel, equipment and resources are available; and WHEREAS, the City Council has determined execution of the State Mutual Aid Agreement to be in best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby authorizes the Mayor and City Clerk to execute the Statewide Mutual Aid Agreement, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS DAY OF _ _ , 2000. MAYOR JOSEPH R. RUSSO ATTEST: CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK 0 -2- July 31, 2000 4011i STATEWIDE MUTUAL AID AGREEMENT This Agreement between the DEPARTMENT OF COMMUNIT`YAFFAIRS, State of Florida (the "Department "), and all the local governments signing this Agreement (the "Participating Par- ties") is based on the existence of the following conditions: A. The State of Florida is vulnerable to a wide range of disasters that are likely to cause the disruption of essential services and the destruction of the infrastructure needed to deliver those services. B. Such disasters are likely to exceed the capability of any one local government to cope with the disaster with existing resources. C. Such disasters may also give rise to unusual technical needs that the local government may be unable to meet with existing resources, but that other local governments may be able to offer. D. The Emergency Management Act, as amended, gives the local governments of the State the authority to make agreements for mutual assistance in emergencies, and through such agreements to ensure the timely reimbursement of costs incurred by the local governments which render such assistance. E. Under the Act the Department, through its Division of Emergency .Management (the "Division "), has autboiiiy to coordinate assistance between local governments during emergencies and to concentrate available resources where needed. [7 • • July 31, 2000 t W46i F. The existence in the State of Florida of special districts, educational districts, and other regional and local governmental entities with special functions may make additional resources available for use in emergencies. Based on the existence of the foregoing conditions, the parties agree to the following: ARTICLE I. Definitions. As used in this Agreement, the following expressions shall have the following meanings: A. The "Agreement" is this Agreement, which also may be called the Statewide Mutual Aid Agreement. B. The "Participating Parties" to this Agreement are the Department and any and all special districts, educational districts, and other local and regional governments signing this Agreement. C. The "Department" is the Department of Community Affairs, State of Florida. D. The "Division' is the Division of Emergency Management of the Department. E. The "Requesting Parties" to this Agreement are Participating Parties who request assistance in a disaster. F. The "Assisting Parties" to this Agreement are Participating Parties who render assistance in a disaster to a Requesting Party. 2 July 31, 2000 G. The "State Emergency Operations Center" is the facility designated by the State Coordinating Officer for use as his or her headquarters during a disaster. H. The "Comprehensive Emergency Management Plan" is the biennial Plan issued by the Division in accordance with § 252.35(2)(a), Fla. Stat. (1999). I. The "State Coordinating Officer" is the official whom the Governor designates by Executive Order to act for the Governor in responding to a disaster, and to exercise the powers of the Governor in accordance with the Executive Order and the Comprehensive Emergency Management Plan. J. The "Period of Assistance" is the time during which any Assisting Party renders assistance to any Requesting Party in a disaster, and shall include both the time necessary for the resources and personnel of the Assisting Party to travel to the place specified by the Requesting Party and the time necessary to return them to their place of origin or to the headquarters of the Assisting Party. K. A "special district" is any local or regional governmental entity which is an in- dependent special district within the meaning of § 189.403 (1), Fla. Stat. (1999), regardless s of whether established by local, special, or general act, or by rule, ordinance, resolution, or interlocal agreement. L. An "educational district" is any School District within the meaning of § 230.01, 0 3 • July 31, 2000 t1a4wi Fla. Stat. (1999), or any Community College District within the meaning of § 240.313(1), Fla. Stat. (1999). M.. An "interlocal agreement" is any agreement between local governments within the meaning of § 163.01(3)(a), Fla. Stat. (1999). N. A "local government" is any educational district and: any entity that is a "local governmental entity" within the meaning of § 11.45(1)(d), Fla. Stat. (1999). O. Any expressions not assigned definitions elsewhere in this Agreement shall have the definitions assigned them by the Emergency Management Act, as amended. ARTICLE II. Applicability of the Agreement. A Participating' Party may request assistance under this Agreement only for a major or catastrophic disaster. If the Participating Party has no other mutual aid agreement that covers a minor disaster, it may also invoke assistance under this Agree- ment for a minor disaster. ARTICLE III. Invocation of the Agreement. In the event of a disaster or threatened disaster, a Participating Party may invoke assistance under this Agreement by requesting it from any other Participating Party or from the Department if, in the judgment of the Requesting Party, its own resources are inadequate to meet the disaster. A. Any request for assistance under this Agreement may be oral, but within five (5) days must be confirmed in writing by the Director ofEmergency Management for the County 9 4 • July 31, 2000 t W*ri of the Requesting Party, unless the State Emergency Operations Center has been activated in response to the disaster for which assistance is requested. B. All requests for assistance under this Agreement shall be transmitted by the Director of Emergency Management for the County of the Requesting Party to either the Di- vision or to another Participating Party. If the Requesting Party transmits its request for Assistance directly to a Participating Party other than the Department, the Requesting Party and Assisting Party shall keep the Division advised of their activities. 0 C. If any requests for assistance under this Agreement are submitted to the Division, the Division shall relay the request to such other Participating Parties as it may deem ap- propriate, and shall coordinate the activities of the Assisting Parties so as to ensure timely assistance to the Requesting Party. All such activities shall be carried out in accordance with the Comprehensive Emergency Management Plan. D. Notwithstanding anything to the contrary elsewhere in this Agreement, nothing in this Agreement shall be construed to allocate liability for the costs of personnel, equip- ment, supplies, services and other resources that are staged by the Department or by other agencies of the State of Florida for use in responding to a disaster pending the assignment of such personnel, equipment, supplies, services and other resources to a mission. The docu- mentation, payment, repayment, and reimbursement of all such costs shall be rendered in July 31, 2000 t W4*i accordance with the Comprehensive Emergency Management Plan. ARTICLE IV. Responsibilities of Requesting Parties. To the extent practicable, all Re- questing Parties seeking assistance under this Agreement shall provide the following information to the Division and the other Participating Parties. In providing such information, the Requesting Party may use Form B attached to this Agreement, and the completion of Form B by the Requesting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the damage sustained or threatened; B. An identification of the specific Emergency Support Function or Functions for which such assistance is needed; C. A description of the specific type of assistance needed within each Emergency Support Function; D. A description of the types of personnel, equipment, services, and supplies needed for each specific type of assistance, with an estimate of the time each will be needed; E. A description of any public infrastructure for which assistance will be needed; F. A description of any sites or structures outside the territorial jurisdiction of the Requesting Party needed as centers to stage incoming personnel, equipment, supplies, services, or other resources; 0 6 • • • July 31, 2000 tv 4wi V G. The place, date and time for personnel of the Requesting Party to meet and receive the personnel and equipment of the Assisting Party; and H. A technical description of any communications or telecommunications equipment needed to ensure timely communications between the Requesting Party and any Assisting Parties. ARTICLE V. Responsibilities of Assisting Parties. Each Participating Party shall render assistance under this Agreement to any Requesting Party to the extent practicable given its personnel, equipment, resources and capabilities. If a Participating Party which has received a request for assistance under this Agreement determines that it has the capacity to render some or all of such assistance, it shall provide the following information to the Requesting Party and shall transmit it without delay to the Requesting Party and the Division. In providing such information, the Assisting Party may use Form C attached to this Agreement, and the completion of Form C by the Assisting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the personnel, equipment, supplies'and services it has available, together with a description of the qualifications of any skilled ,personnel; B. An estimate of the time such personnel, equipment, supplies, and services will continue to be available; VA July 31, 2000 t W401� C. An estimate ofthe time it will take to deliver such personnel, equipment, supplies, and services at the date, time and place specified by the Requesting Party; D. A technical description of any communications and telecommunications equip- ment available for timely communications with the Requesting Party and other Assisting Parties; and E. The names of all personnel whom the Assisting Party designates as Supervisors. ARTICLE VI. Rendition ofAssistance. After the Assisting Party has delivered its personnel, 0 equipment, supplies, services, or other resources to the place specified -by the Requesting Party, the Requesting Party shall give specific assignments to the Supervisors of the Assisting Party, who shall be responsible for directing the performance of these assignments. The Assisting Party shall have authority to direct the manner in which the assignments are performed. In the event of an emergency that affects the Assisting Party, all personnel, equipment, supplies, services and other resources of the Assisting Party shall be subject to recall by the Assisting Party upon not less than five (5) days notice or, if such notice is impracticable, as much notice as is practicable under the circumstances. A. For operations at the scene of catastrophic and major disasters, the Assisting Party shall to the fullest extent practicable give its personnel and other resources sufficient equip- ment and supplies to make them self - sufficient for food, shelter, and operations unless the Requesting Party has specified the contrary. For minor disasters, the Requesting Party shall • July 31, 2000 t1v4wi be responsible to provide food and shelter for the personnel of the Assisting Party unless the Requesting Party has specified the contrary. In its request for assistance the Requesting Party may specify that Assisting Parties send only self - sufficient personnel or self - sufficient resources. B. Unless the Requesting Party has specified the contrary, the Requesting Party shall to the fullest extent practicable coordinate all communications between its personnel and those of any Assisting Parties, and shall determine all frequencies and other technical speci- 0 fications for all communications and telecommunications equipment to be used. C. Personnel of the Assisting Party who render assistance under this Agreement shall receive their usual wages, salaries and other compensation, and shall have all the duties, re- sponsibilities, immunities, rights, interests and privileges incident to their usual employment. ARTICLE VII. Procedures for Reimbursement. Unless the Department or the Assisting Party, as the case may be, state the contrary in writing, the ultimate responsibility for the reim- bursement of costs incurred under this Agreement shall rest with the Requesting Party, subject to the following conditions and exceptions: A. The Department shall pay the costs incurred by.-an Assisting Party in responding to a request that the Department initiates on its own, and not for another Requesting Party, upon being billed by that Assisting Party in accordance with this Agreement. • 9 • • July 31, 2000 t ig4ft B. An Assisting Party shall bill the Department or other Requesting Party as soon as practicable, but not later than thirty (30) days after the Period of Assistance has closed. Upon the request of any of the concerned Participating Parties, the State Coordinating Officer may extend this deadline for cause. C. If the Department or the Requesting Party, as the case may be, protests any bill or item on a bill from an Assisting Party, it shall do so in writing as soon as practicable, but in no event later than thirty (30) days after the bill is received. Failure to protest any bill or billed item in writing within thirty (30) days shall constitute agreement to the bill and the items on the bill. D. If the Department protests any bill or item on a bill from an Assisting Party, the Assisting Party shall have thirty (30) days from the date of protest to present the bill or item to the original Requesting Party for payment, subject to any protest by the Requesting Party. E. If the Assisting Party cannot agree with the Deparunent or the Requesting Party, as the case may be, to the settlement of any protested bill or billed item, the Department, the Assisting Party, or the Requesting Party may elect binding arbitration to determine its liabil- ity for the protested bill or billed item in accordance with Section F of this Article. F. If the Department or a Participating Party elects binding arbitration, it may select as an arbitrator any elected official of another Participating Party or any other official of an- 0 10 • . i July 31, 2000 other Participating Party whose normal duties include emergency management, and the other Participating Party shall also select such an official as an_arbitrator, and the arbitrators thus chosen shall select another such official as a thud arbitrator. G. The three (3) arbitrators shall convene by teleconference or videoconference with- in thirty (30) days to consider any documents and any statements or arguments by the Depart- ment, the Requesting Party, or the Assisting Party concerning the protest, and shall render a decision in writing not later than ten (10) days after the close, of the hearing. The decision of a majority of the arbitrators shall bind the parties, and shall' be final. H. If the Requesting Party has not forwarded a request through the Department, or if an Assisting Party has rendered assistance without being requested to do so by the De- partment, the Department shall not be liable for the costs of any such assistance. All requests to the Federal Emergency Management Agency for the reimbursement of costs incurred by any Participating Party shall be made by and through the Department. I. If the Federal Emergency Management Agency denies any request for reimburse- ment of costs which the Department has already advanced to an Assisting Party, the Assisting Party shall repay such costs to the Department, but the Department may waive such repay- ment for cause. 11 July 31, 2000 ARTICLE VIII. Costs Eligible for Reimbursement. The costs incurred by the Assisting Party under this Agreement shall be reimbursed as needed to make the Assisting Party whole to the fullest extent practicable. A. Employees of the Assisting Party who render assistance under this Agreement shall be entitled to receive from the Assisting Party all their usual wages, salaries, and any and all other compensation for mobilization, hours worked, and demobilization. Such compensation shall include any and all contributions for insurance and retirement, and such employees shall continue to accumulate seniority at the usual rate. As between the employ- ees and the Assisting Party, the employees shall have all the duties, responsibilities, im- munities, rights, interests and privileges incident to their usual employment. The Requesting Party shall reimburse the Assisting Party for these costs of employment. B. The costs of equipment supplied by the Assisting Party shall be reimbursed at the rental rate established for like equipment by the regulations of the Federal Emergency Man- agement Agency, or at any other rental rate agreed to by the Requesting Party. The Assisting Party shall pay for fuels, other consumable supplies, and repairs to its equipment as needed i to keep the equipment in a state of operational readiness. Rent for the equipment shall be deemed to include the cost of fuel and other consumable supplies, maintenance, service, repairs, and ordinary wear and tear. With the consent of the Assisting Party, the Requesting is 12 • July 31, 2000 Party may provide fuels, consumable supplies, maintenance, and repair services for such equipment at the site. In that event, the Requesting Party may deduct the actual costs of such fuels, consumable supplies, maintenance, and services from thetotal costs otherwise payable to the Assisting Party. If the equipment is damaged while in use under this Agreement and the Assisting Party receives payment for such damage under any contract of insurance, the Requesting Party may deduct such payment from any item or items billed by the Assisting Party for any of the costs for such damage that may otherwise be payable. C. The Requesting Party shall pay the total costs for the use and consumption of any and all consumable supplies delivered by the Assisting Party for the Requesting Party under this Agreement. In the case of perishable supplies, consumption shall be deemed to include normal deterioration, spoilage and damage notwithstanding the exercise of reasonable care in its storage and use. Supplies remaining unused shall be returned to the Assisting Party in usable condition upon the close of the Period of Assistance, and the Requesting Party may deduct the cost of such returned supplies from the total costs billed by the Assisting Party for such supplies. If the Assisting Party agrees, the Requesting Party may also replace any and all used consumable supplies with like supplies in usable condition and of like grade, quality and quantity within the time allowed for reimbursement under this Agreement. 0 13 • July 31, 2000 tt D. The Assisting Party shall keep records to document fall assistance rendered under this Agreement. Such records shall present .information sufficient to meet the audit re- quirements specified in the regulations of the Federal Emergency Management Agency and applicable circulars issued by the Office of Management and Budget. Upon reasonable notice, the Assisting Party shall make its records available to the Department and the Re- questing Party for inspection or duplication between 8:00 a.m. and 5:00 p.m. on all weekdays other than.official holidays. isARTICLE IX. Insurance. Each Participating Party shall determine for itself what insurance • to procure, if any. With the exceptions in this Article, nothing in this Agreement shall be construed to require any Participating Party to procure insurance. A. Each Participating Party shall procure employers' insurance meeting the require- ments of the Workers' Compensation Act, as amended, affording coverage for any of its em- ployees who may be injured while performing any activities under the authority of this Agreement, and shall file with the Division a certificate issued by the insurer attesting to such coverage. B. Any Participating Party that elects additional insurance affording liability cover- age for any activities that may be performed under the authority of this Agreement shall file with the Division a certificate issued by the insurer attesting to such coverage. 14 i • C7 July 31, 2000 C. Any Participating Party that is self - insured with respect to any line or lines of in- surance shall file with the Division copies of all resolutions in current effect reflecting its determination to act as a self - insurer. D. Subject to the limits of such liability insurance as any Participating Party may elect to procure, nothing in this Agreement shall be construed to waive, in whole or in part, any immunity any Participating Party may have in any judicial or quasi-judicial proceeding. E. Each Participating Party which renders assistance under this Agreement shall be deemed to stand in the relation of an independent contractor to all other Participating Parties, and shall not be deemed to be the agent of any other Participating Party. F. Nothing in this Agreement shall be construed to relieve any Participating Party of liability for its own conduct and that of its employees. G. Nothing in this Agreement shall be construed to obligate any Participating Party to indemnify any other Participating Party from liability to third parties. ARTICLE X. General Requirements. Notwithstanding anything to the contrary elsewhere in this Agreement, all Participating Parties shall be subject to the following requirements in the per- formance of this Agreement: A. To the extent that assistance under this Agreement is funded by State funds, the obligation of any statewide instrumentality of the State of Florida to reimburse any Assisting 15 • • July 31, 2000 t W4ft Parry under this Agreement is contingent upon an annual appropriation by the Legislature. B. All bills for reimbursement under this Agreement from .State funds shall be sub- mitted in detail sufficient for a proper preaudit and post audit thereof. To the extent that such bills represent costs incurred for travel, such bills shall be submitted in accordance with applicable requirements for the reimbursement of state employees for travel costs. C. All Participating Parties shall allow public access to all documents, papers, letters or other materials subject to the requirements of the Public Records Act, as amended, and made or received by any Participating Party in conjunction with this Agreement. D. No Participating Party may hire employees in violation of the employment restric- tions in the Immigration and Nationality Act, as amended. E. No costs reimbursed under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Legislature of the State of Florida or any of its agencies. F. Any communication to the Department or the Division:under this Agreement shall be sent to the Director, Division of Emergency Management, Department of Community Affairs, Sadowski Building, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399- 2100. Any communication to any other Participating Party shall be sent to the official or officials specified by that Participating Party on Form A attached�to this Agreement. For the 9 16 • July 31, 2000 purpose of this Section, any such communication may be sent by the U.S. Mail, may be sent by the InterNet, or may be faxed. I ARTICLE XI. Effect of Agreement. Upon its execution by a Participating Party, this Agree- ment shall have the following effect with respect to that Participating Party: A. The execution of this Agreement by any Participating Party which is a signatory to the Statewide Mutual Aid Agreement of 1994 shall terminate the rights, interests, duties, and responsibilities and obligations ofthat Participating Party under that agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. . B. The execution of this Agreement by any Participating Party which is a signatory to the Public Works Mutual Aid Agreement shall terminate the rights, interests, duties, responsibilities and obligations of that Participating Party under that agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. C. Upon the activation of this Agreement by the Requesting Party, this Agreement shall supersede any other existing agreement between it and any Assisting Party to the extent that the former may be inconsistent with the latter. 17 • July 31, 2000 t W4wi D. Unless superseded by the execution of this Agreement in accordance with Section A of this Article, the Statewide Mutual Aid Agreement of 1994 shall terminate and cease to have legal existence after June 30, 2001. E. Upon its execution by any Participating Party, this Agreement will continue in effect for one (1) year from its date of execution by that Participating Party, and it shall be automatically renewed one (1) year after its execution unless within sixty (60) days before that date the Participating Party notifies the Department in writing of its intent to withdraw from the Agreement. F. The Department shall transmit any amendment to this Agreement by sending the amendment to all Participating Parties not later than five (5) days after its execution by the Department. Such amendment shall take effect not later than sixty (60) days after the date of its execution by the Department, and shall then be binding on all Participating Parties. Notwithstanding the preceding sentence, any Participating Party who objects to the amend- ment may withdraw from the Agreement by notifying the Department in writing of its intent to do so within that time in accordance with Section E of this Article. ARTICLE XII. Interpretation and Application of Agreement. The interpretation and appli- cation of this Agreement shall be governed by the following conditions: A. The obligations and conditions resting upon the Participating Parties under this 18 • July 31, 2000 tw*ri Agreement are not independent, but dependent. B. Time shall be of the essence of this Agreement, and of the performance of all conditions, obligations, duties, responsibilities and promises under it. C. This Agreement states all the conditions, obligations; duties, responsibilities and promises of the Participating Parties with respect to the subject of this Agreement, and there are no conditions, obligations, duties, responsibilities or promises other than those expressed in this Agreement. D. If any sentence, clause, phrase, or other portion of this Agreement is ruled un- enforceable or invalid, every other sentence, clause, phrase or otherportion of the Agreement shall remain in full force and effect, it being the intent of the Department and the other Par- ticipating Parties that every portion of the Agreement shall be severable from every other portion to the fullest extent practicable. E. The waiver of any obligation or condition in this Agreement in any instance by a Participating Party shall not be construed as a waiver of that obligation or condition in the same instance, or of any other obligation or condition in that or any other instance. 19 • July 31, 2000 IN WITNESS WHEREOF, the Participating Parties have duly executed this Agreement on the date specified below: DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: Director ATTEST: CLERK OF THE CIRCUIT COURT By: Deputy Clerk • 20 Date: BOARD OF COUNTY COMMISSIONERS OF COUNTY STATE OF FLORIDA By: Chairman Date: Approved as to Form: By: County Attorney i J July 31, 2000 t W4*i DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: Date: Director ATTEST: CITY OF PALM BEACH GARDENS CITY CLERK STATE OF FLORIDA By. By Title: Title: Mayor Date: Approved as to Form: By: City Attorney 21 July 31, 2000 4 DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: Director STATE OF FLORIDA By: Title: DISTRICT, Is 22 Date: By: _ Title: Date: Approved as to Form: By: Attorney for District . 3 . 16-7 July 31, 2000 40uhr STATEWIDE MUTUAL AID AGREEMENT FORM A Date: October 9, 2000 Name of Government: City of Palm Beach Gardens Mailing Address: 10500 North Military Trail City, State, Zip: Palm Beach Gardens, FL 33410 - 4698 Authorized Representatives to Contact for Emergency Assistance: Primary Representative Name: Peter T. Bergel is Title: Fire Chief Address: 10500 North Military Trail Day Phone: 561 - 799 -4300 Night Phone: 561 - 722 -2844 Telecopier: 561- 799 -4399 InterNet: pbergel @ci.palm- beach- gardens.fl.us First Alternate Representative Name: Ron Farris Title: Interim City Manager Address: 10500 North Military Trail Day Phone: 561- 799 -4100 Night Phone: 561- 790 -3732 Telecopier: 561-799-4111 InterNet: Second Alternate Representative Name: Jerry Catoe Title: Deputy Fire Chief Address: 10500 North Military Trail Day Phone: 561 - 799 -4362 Night Phone: 561- 775 -6010 Telecopier: 561- 799 -4399 InterNet: jcatoe @ci.palm- beach- gardens.fl.us is PLEASE UPDATE AS ELECTIONS OR APPOINTMENTS OCCUR Return to:Department of Community Affairs- Division of Emergency Management 2555 Shumard Oak Boulevard - Tallahassee, Florida 32399 -2100 23 • • • July 31, 2000 t W I 4wi STATEWIDE MUTUAL AID AGREEMENT Form B Date: Name of Requesting Party: Contact Official for Requesting Party: Name: Telephone: InterNet: 1. Description of Damage: 2. Emergency Support Functions: 3. Types of Assistance Needed: 24 3 � ' • July 31, 2000 t W4wi STATEWIDE MUTUAL AID AGREF_.MENT. Form C 3. Estimated Time and Date to Deliver Resources: 4. Description of Telecommunications Resources: 5. Names of Supervisors for Assisting Party: 28 SCITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 16, 2000 Date Prepared: November 1, 2000 • • Subject/Agenda Item Declaring Asset #9515, VIN.# 1FV3GFBC8SL671712, rescue chassis a surplus asset. Recommendation/Motion: Staff recommends approval of Resolution 112, 2000. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: Total City Attorne Fire- Rescue [ ]Approved Finance $ 0 [ ] Approved w/ Current FY conditions ACM [ ]Denied Human Res. " Advertised: Funding Source: N/A [ ] Continued to: Other Date: [ ] Operating Attachments: Paper: [ X ] Not Required [ ] Other Staff Report Submitted by: Peter T. Bergel Dep�en Affected parties [ ] Notified Budget Acct. #:: [ ] None Approved by: / City Manager // [ X ] Not required ' 'J:BACKGROUN See attached Staff Report. • • • CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor & City Council DATE: November 1, 2000 APPROVED: Ronald M. Ferris, Interim City Manager FROM: Peter T. Bergel, Fire ChieRQ' SUBJECT: Declaration of Surplus Asset Background Rescue 61 was budgeted to be refurbished in the 1999/2000 Fiscal Year. Part of the refurbishment included replacing the chassis on this vehicle. Therefore, Fire Rescue has a used chassis that can be declared surplus. Discussion During the 1999/2000 Fiscal Year bids were received for the refurbishment of Rescue 61. Upon opening and examination of the bids submitted it was determined that all bidders did not give an allowance for the trade in value of the old chassis. Fire rescue determined at that point that the chassis would be retained by the City for future sale either by sealed bid or auction. Recommendation Staff recommends Asset #9515, VIN.# 1FV3GFBC8SL671712, rescue chassis be declared a surplus asset. Ptb: PTB cc: file • • • RESOLUTION 112, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A DECLARATION OF SURPLUS ASSETS; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens, Florida, has declared Asset #9515, Vin.# 1FV3GFBC8SL671712 Rescue Chassis as a surplus asset. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a Declaration of Surplus Asset for Asset #9515, Vin.# 1FV3GFBC8SL671712 Rescue Chassis as a surplus asset. SECTION 2. This Resolution shall be effective upon adoption INTRODUCED, PASSED AND ADOPTED THIS DAY OF NOVEMBER, 2000. MAYOR JOSEPH R. RUSSO ATTEST: APPROVED AS TO LEGAL FORM AND SUFFICIENCY: BY: CAROL GOLD, CMC, CITY CLERK LEONARD RUBIN, CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCIL MEMBER CLARK COUNCIL MEMBER FURTADO COUNCIL MEMBER SABATELLO AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: November 9, 2000 Meeting Date: November 16, 2000 Subject/Agenda Item Resolution 115, 2000 — Golf Digest -Jog Road (aka Mirasol -Plat One) Plat Recommendation /Motion: There are no Engineering concerns with this plat, therefore approval is recommended. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: Growth Management (Total) City Attorney ) $ 0 [ ] Approved [ ] Approved w/ Current FY conditions ACM [ ] Denied Other Funding Source: [ ] Continued to: Advertised: Attachments: Date: (] Operating Paper: [ X ] Not Required [ ] Other Memorandum S b�mittteed by: C C. C.� an Dona ue, P.E. Department Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ X ] Not required BACKGRO J D: See attached memorandum. RESOLUTION 115, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE GOLF DIGEST -JOG ROAD (AKA MIRASOL -PLAT ONE) PLAT AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Engineer has reviewed the Golf Digest -Jog Road (aka Mirasol -Plat One) Plat; and WHEREAS, the City Engineer has determined that the proposed plat meets all the technical requirements of the City's Land Development Regulations and Chapter 177, F.S. and recommends the approval of the plat; and WHEREAS, the Plat is consistent with the City's Comprehensive Plan and LDRs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Golf Digest -Jog Road (aka Mirasol -Plat One) Plat, consisting of ten (10) sheets dated March, 2000, prepared by Mock, Roos & Associates, Inc, attached hereto as Exhibit "A ". SECTION 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS ATTEST: Carol Gold, CMC, City Clerk VOTE: Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello DAY OF Joseph R. Russo, Mayor APPROVED AS TO LEGAL FORM AND SUFFICIENCY. City Attorney AYE NAY ABSENT PINC:L Lib . CONSUi -rlNG CIVIL EnGiNeEP.s, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEYING & MAPPING CIS "Partners For Results Value by Design° 3550 S.AV. Corlxxale Plow% Palm City, I =L 34990 (561) 286 -3883 FlA: (56'1) 280-392_5 www.lh(h.com MEMORANDUM TO: Carol Gold FROM: Sean C. Donahue, P.E. i��op DATE: November 7, 2000 FILE NO. 99 -4076 SUBJECT: Golf Digest -Jog Road (AKA Mirasol -Plat One) Attached please find the plat for the referenced project prepared by Mock, Roos & Associates; Inc. received on November 2, 2000. Also attached are paper, copies of specific sections of the plat. We have reviewed the plat for technical compliance with Chapter 177 of the Florida Statutes and the City of Palm Beach Gardens requirements. The City engineer has signed and approved the plat therefore, we recommend its approval. SCD1 cc: Steve Cramer Bahareh Keshavarz Jack Hanson Mary Hanna Clodfelter -Mock, Roos & Associates, Inc. PAPR0JECTS \PBGMEM0\4076\4076m 1 � 1 • DEDICATION SHEET 3 SHEET 4 KNOWN ALL MEN BY THESE PRESENTS THAT TAYLOR WOODROW COMMUNITIES AT MIRASOL, LTD., A FLORIDA LIMITED PARTNERSHIP, LICENSED TO DO BUSINESS IN FLORIDA, OWNER OF THE LAND SHOWN HEREON, BEING IN SECTIONS 33 AND 34, TOWNSHIP 41 SOUTH, RANGE 42 EAST AND SECTIONS 3 AND 4, TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA AND BEING PART OF GOLF DIGEST P.C.D., AND SHOWN HEREON AS "MIRASOL PLAT ONE ", BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATE IN SECTIONS 33 AND 34, TOWNSHIP 41 SOUTH, RANGE 42 EAST AND SECTIONS 3 AND 4, TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHEAST CORNER OF SAID SECTION 4, TOWNSHIP 42 SOUTH, RANGE 42 EAST; THENCE ALONG THE EAST LINE OF THE SOUTHEAST ONE- QUARTER (SE 1/4) OF SAID SECTION 4, NORTH 02'27'41" EAST, A DISTANCE OF 50.00 FEET TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF PGA BOULEVARD AS DESCRIBED IN OFFICIAL RECORD BOOK 879, PAGES 549 AND 565, OFFICIAL RECORD BOOK 2399, PAGE 1073 AND AS SHOWN IN ROAD PLAT BOOK 6, PAGE 110, ALL BEING OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID NORTH RIGHT -OF - WAY LINE, NORTH 88'27'09" WEST, A DISTANCE OF 0.85 FEET; THENCE NORTH 88'33'46" WEST, A DISTANCE OF 1785.63 FEET; THENCE DEPARTING SAID NORTH RIGHT- OF-WAY LINE, NORTH 01'26'14" EAST, A DISTANCE OF 10.00 FEET; THENCE NORTH 46'26'14" EAST, A DISTANCE OF 56.57 FEET; THENCE NORTH 01'26'14" EAST, A DISTANCE OF 406.03 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 100.00 FEET; THENCE 0 0 n 3E IE tN 0,5 :5M i— D -0 NN ?z0� = Wowwo O:jorn nom Z5dE (Am c _ 0 W NO . 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NOW, THEREFORE, 1, JOSEPH R. R USSO, Mayor of the City of Palm Beach Gardens, Florida, do hereby Proclaim the Week of November 19 to 26, 2000, as BIBLE WEEK and encourage interested citizens to participate in this observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seat of the City of Palm Beach Gardens, Florida, to be affixed this 16th Day of November, in the year of our Lord, Two Thousand. MA YOR JOSEPH R. R USSO ATTEST.• CAROL GOLD, CMC, CITY CLERK 1111111111111111111111 IIIIIIIIII I1 I M I III I III II,IIi 1111111111l111111IIII IIIilllllllll1111111111111tb lip • • • The City of OKLAHOMA CITY ANAGE S CITY MANAGER'S OFFICE KIRK HUMPHREYS, Mayor October 11, 2000 t_u� Dear Fellow Mayor: The National Bible Association is sponsoring, for the 60'h consecutive year, the interfaith observance of National Bible Week. It will take place November 19 -26, 2000. I am privileged to serve as Chair of the Mayor's Committee for this celebration. I ask that you issue a proclamation calling for Bible Week observance. A draft is enclosed for your use. Please adapt this in whatever way you wish. For National Bible Week the sponsors are providing the media with materials for a public service advertising campaign designed to remind all Americans of the Bible's importance. Also, nonsectarian biblical materials are being provided for free distribution in local observances throughout the nation. If you send a copy of your proclamation to the Chair of National Bible Week, Thomas Kinkade, it will be displayed at the National Bible Week Interfaith Inaugural Luncheon which will be held at the Waldorf- Astoria in New York City on Tuesday, November 7, 2000. Please send your proclamation to: National Bible Association 1865 Broadway New York, New York 10023 Attn: Thomas Kinkade, National Chair It should reach the office by November 3rd to be included in the display at the luncheon. Your cooperation in this effort is greatly appreciated. Sincerely, Kirk Humphreys Mayor Enclosure — Sample Proclamation 200 North Walker • Oklahoma City. OK 73102 • 405/297 -2424 • FAX 405/297 -3759 i DRAFT TEXT of Mayor's Proclamation for BIBLE WEEK, November 19 — 26, 2000 WHEREAS, the Bible has been a constant source of moral and spiritual guidance for many people throughout the centuries; and WHEREAS, the Bible has profoundly influenced art, literature, music, and codes of law; and WHEREAS, the Bible has motivated many to acts of compassion and charity; and WHEREAS, the Bible continues to provide inspiration, hope and, comfort for millions of Americans today; and WHEREAS, for sixty years women and men of many faiths have banded together with the National Bible Association to sponsor National Bible Week as a time to be reminded of the Bible's unique place in American life; and WHEREAS, this annual celebration has encouraged the reading of the Bible; NOW THEREFORE, 1, , Mayor of the City of.., , hereby do Proclaim November 19 to 26, 2000 as "BIBLE WEEK" in the City of _, and encourage interested citizens to participate in this observance. IN WITNESS WHEREOF, I hereunto have set my hand and caused the seal of the City Of be affixed this day of , . . , 2000. • LA CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 16, 2000 Date Prepared: November 8, 2000 Subject/Agenda Item: Ordinance 22, 2000, updating City impact fee schedules for fire and emergency medical services (EMS), parks and recreation, and police protection Recommendation /Motion: Motion to approve Ordinance 22, 2000, to update city impact fees for fire /EMS, police and park facilities Reviewed by: Originating Dept.: Costs: $ N/A Council Action: Total City Attorn Planning Division [ ] Approved Finance �i - $ NIA [ ]Approved w/ conditions Other ;j Current FY [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ ] Other 1. Ordinance 22, 2000 2. Current impact fee schedules for Fire /EMS, Police and Park facilities 3. Impact Fee Update dated June 2000 from Duncan [ ] Not Required Associates r' Subwed by: Mgt. Director Affected parties ( ] Notified Budget Acct. #: ( ] None Approved by: City Mana r ( ] Not required BACKGROUND: Section 50 (copy attached) in the City's land development regulations, as. adopted by Ordinance 17, 2000, contains impact fee schedules for fire and emergency medical services, police protection, and parks and recreation facilities. These citywide impact fees apply to all new development, redevelopment, and building expansions. The impact fees for police and fire/EMS were adopted in 1993 and updated in 1997. The impact fees for parks were adopted in 1997. All the current impact fees were adopted by Ordinance 39, 1997, in September 1997. Impact fees are paid at the time of building permit issuance. City impact fees are in addition to the Palm Beach County impact fees that are collected for county facilities, such as county roads and county parks. The City has been collecting about $75,000 and $140,000 annually in impact fees for police and fire, respectively. The City has been collecting about $350,000 annually in park impact fees. Section 53 in the City's land development regulations requires the review of City impact fees to update costs, credits and generation rates. The consulting firm on Duncan Associates has been retained for this purpose. The attached report, entitled "Impact Fee Update" (June 2000), from Duncan Associates evaluates City impact fees and proposes updated fee schedules. These new fee schedules are contained in the attached Ordinance 22, 2000. This ordinance indicates that almost all the City impact fees for various land -use categories (e.g., residential, commercial, etc.) are to be increased. The proposed impact fee schedules are to become effective on the first day of the month 10 following adoption. A representative from Duncan Associates is to attend the City Council meeting on September 70' to present the methodology report and findings, and to address any questions or comments. Duncan Associates is also preparing a citywide road impact fee for local roads in the City. The proposed road impact fee will be in addition to the countywide road impact fee for county and state roads. That study is being done separately, and is to -be completed in the near future. RECOMMENDATION: Staff recommends adoption of Ordinance 22, 2000, establishing new citywide impact fee schedules for fire/EMS, police and park facilities. g:\sc\txt\ccimpactfess08l8OO 1* 2 0 BACKGROUND: Section 50 (copy attached) in the City's land development regulations, as adopted by Ordinance 17, 2000, contains impact fee schedules for fire and emergency medical services, police protection, and parks and recreation facilities. These citywide impact fees apply to all new development, redevelopment, and building expansions. The impact fees for police and fire/EMS were adopted in 1993 and updated in 1997. The impact fees for parks were adopted in 1997. All the current impact fees were adopted by Ordinance 39, 1997, in September 1997. Impact fees are paid at the time of building permit issuance. City impact fees are in addition to the Palm Beach County impact fees that are collected for county facilities, such as- county roads and county parks. The City has been collecting about $75,000 and $140,000 annually in impact fees for police and fire, respectively. The City has been collecting about $350,000 annually in park impact fees. Section 53 in the City's land development regulations requires the review of City impact fees to update costs, credits and generation rates. The consulting firm on Duncan Associates has been retained for this purpose. The attached report, entitled "Impact Fee Update" (June 2000), from Duncan Associates evaluates City impact fees and proposes updated fee schedules. These new fee schedules are contained in the attached Ordinance 22, 2000. This ordinance indicates that almost all the City impact fees for various land -use categories (e.g., residential, commercial, etc.) are to be increased. The proposed impact fee schedules are to become effective on the first day of the month following adoption. A representative from Duncan Associates is to attend the City Council meeting on September 7' to present the methodology report and findings, and to address any questions or comments. Duncan Associates is also preparing a citywide road impact fee for local roads in the City. The proposed road impact fee will be in addition to the countywide road impact fee for county and state roads. That study is being done separately, and is to be completed in the near future. RECOMMENDATION: Staff recommends adoption of Ordinance 22, 2000, establishing new citywide impact fee schedules for fire /EMS, police and park facilities. g:\sc\txt\ccimpactfess08l8OO • E� J is September 11, 2000 ORDINANCE 22, 2000 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE AMENDMENT OF DIVISION IV OF ARTICLE III OF THE CITY'S LAND DEVELOPMENT REGULATIONS, ENTITLED "CITYWIDE IMPACT FEES," TO UPDATE THE FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES, POLICE PROTECTION AND PARKS AND RECREATION IMPACT FEE SCHEDULES, AMEND THE INDEPENDENT CALCULATION FORMULAS, CLARIFY THE LIEN PROVISIONS, AND MAKE OTHER MINOR REVISIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Palm Beach Gardens Comprehensive Plan provides that land development shall not be permitted unless adequate capital facilities exist or are assured; and WHEREAS, the Palm Beach Gardens Comprehensive Plan mandates that land development bear a proportionate share of the cost of the provision of the new or expanded capital facilities required by such development; and WHEREAS, the Florida Legislature, through the enactment of Section 163.3202, Florida Statutes, has encouraged local governments to collect impact fees as part of their land development regulations; and WHEREAS, the City Council of the City of Palm Beach Gardens has determined that, in order to maintain its current level of service standards, public safety, police protection, fire protection, emergency medical services (EMS), and parks and recreation facilities must be expanded to accommodate new development and redevelopment, and; WHEREAS, having reviewed the Impact Fee Update prepared by Duncan Associates, dated June 2000, the City Council has determined that it is necessary to update the impact fee schedules and make other minor revisions to its impact fee ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby amends Article III, Division IV in the City of Palm Beach Gardens Land Development Regulations, entitled "Citywide Impact Fees," as adopted by Ordinance 17, 2000, to read as follows, with underlining to indicate text to be added and strike - through to indicate text to be deleted: Ordinance 22, 2000 Page 1 • • Division IV. Citywide Impact Fees Sec. 49. Applicability. September 11, 2000 (a) Applicability. This division shall apply to the incorporated portions of the city. (b) Intent and purpose. This division shall implement the city's comprehensive plan. The purpose of this division is to ensure that new development bears a proportionate share of the cost of capital expenditures necessary to provide public safety, police, and fire /emergency medical service protection services in the city as established by the comprehensive plan. (c) Rules of construction. The provisions of this division shall be liberally construed so as to effectively carry out its purpose in the interest of public health, safety and welfare. For purposes of administration and enforcement of this division, unless otherwise stated in this division, the rules of construction listed below shall apply to the text of this division. (1) If there is any difference of meaning or implication between the text of this division and any caption, illustration, summary table, or illustrative table, the text shall control. (2) The term "shall" is always mandatory and not discretionary; the term "may" is permissive. (3) Words used in the present tense shall include the future, and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary. (4) The phrase "used for" includes "arranged for," "designed for," "maintained for," or "occupied for." (5) The term "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity. (6) Unless the context clearly indicates the contrary, where a regulation involves two -or more items, conditions, provisions, or events connected by the conjunction "and," "or," or "either ... or," the conjunction shall be interpreted as follows: a. "and" indicates that all the connected items, conditions, provisions or events shall apply; Ordinance 22, 2000 Page 2 • September 11, 2000 b. "or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination; and C. "either ... or" indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination. (7) The term "includes" shall not limit a term to the specific example, but is intended to extend its meaning to all other instances or circumstances of like kind or character. (8) Unless the context clearly indicates to the contrary, the terms "public safety," "police protection," "fire protection," "emergency medical services (EMS)," and "parks and recreation" shall have the same meanings given those terms in the city's comprehensive plan. (9) The land use types listed in section 50 shall have the same meaning as in article IV pertaining to zoning. (d) Imposition of fees. (1) Fees required. Any person who, after September 23, 1993, seeks to develop land by applying for the issuance of a building permit for one of the land use types specified in section 50, shall be required to pay an impact fee for the following services: police protection, fire protection/EMS, and parks and recreation in the manner and amount set forth in this division. (2) Building permits. A building permit shall not be issued until all applicable impact fees required have been paid. The amount of the impact fees shall be as set forth in the schedules provided herein or as otherwise established pursuant to a city- approved independent calculation. The feepayer shall have the option of using the fee schedule or the independent calculation method. (3) Existing uses. When change of use, redevelopment, or modification of an existing use requires the issuance of a building permit, the impact fees shall be based upon the net increase in the impact fee for the new use as compared to the previous use. Sec. 50. Fees. Amount. The amount of the impact fees shall be determined by the schedules contained herein, unless established by an independent calculation pursuant to section 5.1 . Ordinance 22, 2000 Page 3 1 • • • September 11, 2000 pmtect.-or. and EMS Clast ccl,aau!c 2 U::':! ;t mcr.: CaM per NT--t Cast t.:: Nc: Cv st Nom: T ,,a TY, Tyr : T.+t TT „:4- !' ,1 7, f T TT..,, T,,..., TT..:t TT_.4- A 1.,-- TT—:4- and An Qn4Qn '2✓[ C .,..,:t., ne..,,.t,e,t �g n 121 w2,c/7� 3A w�A<.'I � ...b... + w...+� .✓..�.... +..... 1 78 . +✓ , ✓.. ✓ . ✓✓.. pwollifig 0.053 w2'G7'7 2A w112 K I<n Mobile Home il.,,ell;. 0.007 Q 7�C 7'7 2A Q 1 Q nA w n Q o .....a..b ✓ . ✓+. 44+9t,Al 4h 4etel T'o.,... 0.09i V) 'Z'77.2 A Q ')A-t 7'7 D.,�..:IVIC 1,000 C`.,,,/„•e Feet 2.18 $96.89 $21.1.22 Dot ,;t //'�,.,,,,,nrn;ni 1 nnn Qn „n,e Doe+ squwv Feet n 1 �2 V) Z'7'7 '2A QA7n 1 1 Rvau. a/ vv+auaav+v.u. - +,vvv V. -1v✓ W+•,✓ . / •✓ • W •��• a + n�� en., �;,,, *;.,„ ,1 eet 1,000 C` ,,, ,tee Feet ().Ni Q'7 .e7^7 2 A V2'71 1 A ++.v we!!ns itu.. v. aua ,000 vquwv + n nz Way,✓ . / ✓ . W✓ / + . • T.,,1,,..+n ;.,tnx7 et, ,,,tee 1 nnn c ,,, ,,e Dee* eet n n�-7 03 W��c�� 1A w nc ,l 5 +.uu ✓uaua .. w. aa�u ✓. ,000 W.tuw., + . ✓ . . ✓ ✓ ccl,aau!c 2 Park-- and U::':! ;t mcr.: CaM per NT--t Cast t.:: Nc: Cv st Nom: T ,,a TY, Tyr : T.+t TT „:4- !' ,1 7, f Rcsid=t t Family 2-.69 A Tla+, - Sing. e µDwelling An Qn4Qn '2✓[ C ✓vauv v � ,la- _t^e,t — —1 W01.✓ ..v< ✓ „ 1 78 n AQ $96.81 Q A6 c1 W ✓ ✓v.✓ . 1.17 Mobile Home r�.,,,,it:.,.. n cn W�� Q� W cn 11 w n Q o .....a..b ✓ . ✓+. 1.12 Q nz Qn Q 1 no c2 D.,�..:IVIC 1,000 C`.,,,/„•e Feet 2.18 $96.89 $21.1.22 I1L...,...:! n eR. .,,,.: D.,.,+ 1.82 enz Qo $1'7� ZA ++.vv/+..✓u•uaavaaw a,vvv W�uwv + vv. W /v.v/ / v.✓ 1,000 c,,,,.,..e Dee. n nz a nn 1 1 Park-- and Ordinance 22, 2000 Page 4 Ne+ !`.,off .. De.,l, N.,t !"/....t POF Land Use —Type p-: Tt n:: Rcsid=t t Family 2-.69 A $1,45 n - 4-r99 $558.31 Q 1 1mrrv5.5T ,la- _t^e,t „ 1 78 QC fQ IA 9935 .ua..aw.. .J W ✓ ✓v.✓ . 1.17 WCCQ IA w Q7n l oto!44 t nn wcc A 4 3 w n Q o Ordinance 22, 2000 Page 4 September it, 2000 0 SCHEDULE 1 FIRE PROTECTION AND EMS COST SCHEDULE Development Land Use Development Calls/ Net Cost/ Net Cost/ Population/ Unit Unit Call Unit Single- Family Detached* Dwelling 0.126 $3,078.50 $388 Single- Family Attached Dwelling 0.055 $3,078.50 $169 Multifamily ** Dwelling 0.055 $3,078.50 $169 Mobile Home/RV Park Pad Site 0.028 $3,078.50 $86 Hotel/Motel Room 0.088 $3,078.50 $271 Retail/Commercial 1,000 sq. ft. 0.137 $3,078.50 $422 Office/Institutional 1,000 sq. ft. 0.199 _$3,078.50 $613 Industrial/Warehouse 1,000 sq. ft. 0.077 $3,078.50 $237 SCHEDULE 2 POLICE PROTECTION COST SCHEDULE Land Use Development Functional Net Cosd Net Cost/ Unit Pop./Unit Func. Pop. Unit Single- Family Detached* Dwelling 1.46 $118.16 $173 Single- Family Attached Dwelling 1.08 $118.16 $128 Multifamily ** Dwelling 0.97 $118.16 $115 Mobile Home /RV Park Pad Site 0.80 $118.16 $95 Hotel/Motel Room 2.21 $118.16 $261 Retail/Commercial 1,000 sq. ft. 3.25 $118.16 $384 Office/Institutional 1,000 sq. ft, 1.96 $118.16 $232 Industrial/Warehouse 1,000 sq. ft. 1.16 $118.16 $137 SCHEDULE 3 PARKS AND RECREATION COST SCHEDULE Housing Type Development Peak Net Cost/ Net Cost/ Unit Population/ Person Unit Unit Single - Family Detached* Dwelling 2.91 $689.27 $2,006 Single- Family Attached Dwelling 2.15 $689.27 $1,482 Multifamily ** Dwelling 1.94 $689.27 $1,337 Mobile Home/RV Park Pad Site 1.60 $689.27 $1,103 Hotel/MoteI Room 1.40 $689.27 $965 * includes mobile home on separate platted lot outside of mobile home park ** includes apartment, duplex, or residential condominium, excluding townhouses (single- family attached) Ordinance 22, 2000 Page 5 • • • September 11, 2000 Sec. 51. Independent calculations. (a) Method of independent calculations. The feepayer has the option of submitting evidence to the growth management director indicating the impact fees as established in the schedules set forth in section 50 are not appropriate for the particular development or that the feepayer or developer is entitled to additional credit. The growth management director shall adjust the impact fee if substantial evidence is submitted that clearly demonstrates an adjustment is necessary under the methodology upon which the impact fee is based. The burden shall be upon the feepayer to provide all relevant data, analyses, and reports which would assist the growth management director in making a determination. The analysis and report must be based on generally accepted practices and methodologies and the formulas set forth in this section. (b) Independent calculation formulas. Any independent calculation shall use the formulas listed below. (1) Police protection. a. Cost per unit = Scrvicc call Functional population per unit x Cost per Functional population. b. Credit per unit = Cost per unit x 0.03 45 0.029 plus functional population per unit x debt service credit per functional population. C. Net cost per unit = Cost per unit - Credit per unit., (2) Fire protection. a. Cost per unit = Fire/EMS calls a'.:.:: - per unit x Cost per :.'r::: fire/EMS call. b. Credit per unit = Cost per unit x 0.0385 0.029 plus fire/EMS calls per unit x debt service credit per fire/EMS call. C. Net cost per unit = Cost per unit - Credit per unit. (3) Parks and recreation facilities. a. Cost per unit = Peak population per unit x Cost per Person. b. Credit per unit = Cost per unit x 0.0345 0.029 plus debt service credit per person plus grant credit per person. C. Net cost per unit = cost per unit - credit per unit. Sec. 52. In -kind contributions. Ordinance 22, 2000 Page 6 September 11, 2000 (a) Independent calculations. Independent calculations for credits for.in -kind contributions made after the effective date of the ordinance from which this division derives shall be submitted to and approved by the growth management director prior to effecting the contribution. (b) Decision. The growth management director's action in adjusting or refusing to adjust the impact fee pursuant to an independent calculation shall be in writing and must be transmitted by certified mail to the feepayer. (c) Covenant for reduced impact. The growth management director shall require that a covenant running with the land be executed and recorded on the subject property where the following factors apply: (1) the independent calculation is based on a use of land having a lesser impact than that upon which the schedule is based, as applicable; (2) the property could be put to a use having a greater impact than that proposed with such greater use not requiring future approval by the city; or (3) . for such other reasons necessary to ensure compliance with this division. The covenant for reduced impact shall indicate the name and address of the person or entity who holds the fee simple interest in the land, and the name and address of the mortgagee, as appropriate. The covenant shall recite the applicability of this division, and the facts and reasons underlying its execution. It shall set forth the restrictions on the property, the terms and conditions under which it may be'released, and shall be enforceable by the city. The covenant shall be reviewed and approved by the city attorney prior to execution and recordation. The covenant shall not be amended without prior approval of the city attorney. Sec. 53. Review. (a) Biennial update. Under this division, the schedule of each impact fee shall be reviewed at least once every two years to update costs, credits and generation rates. Where the review warrants changed impact fees, this division shall be amended. (b) Level of service analysis. The review shall include an analysis of the level of service for each impact fee. If the average level of service is not consistent with the level of service upon which the respective impact fee amount is based, the amount shall be adjusted based upon the then - existing average level of service. Where the city desires to charge impact fees for a level of service higher than the existing level of service, non - impact fee trust funds will be used to offset existing deficiencies. The city shall fund such deficiencies in Ordinance 22, 2000 Page 7 September 11, 2000 a reasonable amount of time, but no later that five years from imposition of such fees. Sec. 54. Trust funds. (a) Trust funds established. There are established three impact fee trust funds, one for police protection, one for fire protection and EMS, and one for parks and recreation facilities. (1) Police protection trust fund. The police protection impact fees shall be deposited in the police protection impact fee trust fund. (2) Fire and EMS trust fund. The fire protection and EMS impact fees shall be deposited in the fire protection impact fee trust fund. (3) Parks and recreation facilities trust fund. The parks and recreation facilities impact fees shall be deposited in the parks and recreation facilities impact fee trust fund. (b) Investment, use and budgeting. (1) Investment. The trust funds shall be invested by the city in interest - bearing sources, and all income derived shall accrue to the applicable trust fund. (2) Use. The funds shall be used only for capital improvement costs for which the impact fee was levied and which would add capacity needed to serve new development. (3) Budgeting. The city manager shall identify in the city's annual budget those new capital improvements for which the police protection, fire protection, and parks and recreation facilities impact fees will be spent. The funds shall remain restricted to their respective trust funds and the requirements of this division, and the city manager shall ensure that the funds are expended and accounted for in accordance with this division. (4) Audit. The city manager shall maintain such records and documentation necessary to allow the effective audit of the use of the police protection, fire protection/EMS, and parks and recreation facilities impact fees. Sec. 55. Collection and administrative fees. (a) Time of payment. The feepayer shall pay the police protection, fire protection/EMS, and parks and recreation facilities impact fees to the city prior to the issuance of a building Ordinance 22, 2000 Page 8 September 11, 2000 permit which may be required for development listed in the schedules in section 50. A building permit shall not be issued for any development, unless exempt from such fees as provided herein, until such fees have been paid or until the city has accepted title to land area meeting the standards set out in this section. For land uses not requiring a building permit, the authorization to develop shall not be granted until the impact fees have been paid. (b) Alternative payment. In lieu of all or part of the impact fees, the city council may accept an offer by a feepayer to dedicate land or construct all or part of a police protection, fire protection/EMS, or parks and recreation facilities project. Such construction must be in accordance with state, county, or city design standards, whichever is applicable. (1) Project construction. The feepayer shall submit a project description in sufficient detail to allow the city to prepare an engineering and construction cost estimate. (2) Land value. The manner of establishing fair market value of land to be dedicated shall be determined by the city council. Costs to determine the land value, such as an appraisal, shall be paid by the feepayer. (c) Acceptance. If the city council accepts alternative payment, the city manager shall credit the cost of this construction against the police protection, fire protection/EMS, or parks and recreation facilities impact fees otherwise due. The portion of the fee represented by facilities construction shall be deemed paid as follows: (1) when the construction is completed and accepted by the city; or (2) when the feepayer posts security, as provided herein, for the costs of such construction; or (3) when the city has accepted title to land dedicated by the feepayer as full or partial credit for a required impact fee payment. Land dedicated to the city shall be conveyed free of any liens, and the costs of conveyance shall be paid by the feepayer. Title insurance in favor of the city or an attorney's opinion of title shall be provided in a manner acceptable to the city attorney. (d) Surety or security. Security shall be posted with the city council, made payable to the city in an amount approved by the city manager equal to 110 percent of the full cost of such construction. If the construction project will not be constructed within one year of the acceptance of the offer by the city council, the amount of the security shall be increased by ten percent compounded, for each year of the life of the security. The type and form of the security shall be reviewed and approved by the city manager's office prior to acceptance of the security by city council. Ordinance 22, 2000 Page !9 September 11, 2000 (e) Deposit of funds. All funds collected pursuant to this division shall be promptly transferred for deposit into the appropriate trust fund to be held in separate accounts as determined in section 54. Impact fee collections shall be used exclusively for land acquisition, capital improvements, or expansion related to the public purpose for which such fees were collected, with the exception of impact fee administrative costs pursuant to paragraph (f) below. Funds shall be expended in the order in which they are collected. (f) Administrative fee. The city shall be entitled to retain up to four percent of the impact fees it collects as an administrative fee to offset the costs of administering this division. If impact fee funds which were paid by check, draft, or other negotiable instrument, do not clear, the building permit or development order authorizing the development for which the impact fees were paid shall be suspended. The city shall send to the feepayer by certified mail notice of the suspension of a development order. If the impact fees, together with any charges for the funds not clearing, are not paid within ten business days following mailing of the notice, the building permit or development order shall be of no further force and effect for purposes of this division and a stop work order shall be issued. The stop work order shall not lifted until such time as the impact fees are paid. Sec. 56. Refund. (a) Expiration of building permit. If a building permit expires and no construction has been commenced, the feepayer shall be entitled to a refund of the impact fees paid as a condition for its issuance, less the four percent of the fee retained as an administrative fee by the city. The feepayer shall be entitled to a refund equal to 96 percent of the impact fee paid. No interest will be paid to the feepayer on refunds due to noncommencement. Refunds resulting from the city's miscalculation of impact fees shall not be charged the administrative fees on the amount refunded. (b) Change in status. No refunds shall be given for a change in land use or structure after occupancy has occurred. (c) Return of fees. Any funds not expended or encumbered by the end of the calendar quarter immediately following six years from the date the impact fee was paid shall, upon application of the feepayer within 180 days of that date, be returned to the feepayer with interest at the rate of six percent per annum. Sec. 57. Exemptions and credits. (a) Exemptions. Exemptions from payment of impact fees are established below. (1) No additional demand. Alteration or expansion of an existing building or use of Ordinance 22, 2000 Page 10 September 11, 2000 land where no additional living units are created, where the use is not changed, and where no additional demand for police or fire protection services will be produced over and above that produced by the existing use. (2) No additional living or dwelling units. The construction of accessory buildings or structures which will not produce additional living units over and above those located in the principal building or use of the land. (3) Replacement. The replacement of a building, mobile home, or structure that was in place on the effective date of the ordinance from which this division derives or the replacement of a building, mobile home or structure that was constructed subsequent thereto and for which the correct impact fee had been paid or otherwise provided for, with a new building, mobile home, or structure of the same use, provided that no additional impact will be produced over and above that produced by the original use of the land. (4) Public facilities. The construction of publicly -owned governmental buildings or facilities. (5) Abandonments. A use of a structure or land which has been abandoned for a period of more than five years shall not be considered an existing or ongoing use for purposes of exemptions or credits. Any previous payment of impact fees under this division shall be credited against the appropriate impact fees owed as a result of the change. The burden of demonstrating the existence of a use or structure or previous payment of impact fees shall be upon the feepayer. When a use is existing, any additional fees shall be based upon the alteration to the existing use or structure. (b) Credit. (1) Improvements. a. All improvements to and/or land dedications for police protection, fire protection and EMS, or parks and recreation facilities required under city development approval shall be credited against impact fees up to the total of the impact fees due. A feepayer proposing credit for land dedication shall present property appraisals prepared by qualified professionals and a certified copy of the most recent assessment of the property for tax purposes to be used in determining the amount of the credit. However, the city retains the right to determine the amount to be credited by preparing engineering and construction cost estimates and/or property appraisals for those improvements and/or land dedications. Ordinance 22, 2000 Page 11 September 11, 2000 b. Feepayers claiming credits for construction and/or land dedication shall submit documentation sufficient to permit the growth management director to determine whether such credits are due and, if so, the amount of such credits. (2) Alteration, expansion or replacement. Where alteration, expansion or replacement of a building or unit, or a change in land use existing on September 23, 1993, or presently existing which involves an increase in the number of units or square footage or a change in use resulting in new impacts on police, fire and EMS, or parks and recreation capital facilities for which the impact fee is assessed, credit shall be allowed as provided herein. Credit shall be given for the number of existing units or square feet based upon the existing or previous land use, and impact fees shall only be assessed on the increased level of impact resulting from such alteration, expansion, or replacement. (3) Residential buildings. For an addition to an existing residential building in which additional living units are created, the feepayer shall provide to the city manager a certification of an architect setting forth the square footage of the existing building. For an addition to an existing residential building, the feepayer, at his sole option, may pay the impact fee for the addition as if it alone was a new building rather than provide the certification of an architect setting forth the square footage of the existing building. (c) Failure to claim. Exemptions or credits must be claimed by the feepayer at the time of the application for a building permit. Any exemptions or credits not so claimed shall be deemed waived by the feepayer. Sec. 58. Appeals. Any decision made by the city manager or designee in the course of administering this division, may be appealed in accordance with those procedures set forth in this division for appeals of administrative decisions. Sec. 59. Liens and withholding of permits for nonpayment. (a) Liens. If through error, omission, or intent the impact fees imposed under this division are not paid in full, the amount unpaid, together with statutory interest accruing from 30 days following the date written notice by certified mail return receipt requested is sent to the then - present owner, shall constitute a lien against the property for which the impact fees are due. Notice of the lien shall be recorded in the official records of the clerk of the circuit court in and for Palm Beach County. The lien shall have priority over all liens, Ordinance 22, 2000 Page 12 September 11, 2000 mortgages, and encumbrances, except taxes. If the notice of lien is not recorded within three years following the date the building permit is issued for the development for which the impact fees are owed, the lien shall be of no force and effect, - -it':c;:s'.: u':c are owed, although the impact fee debt shall remain. If the lien remains unpaid for more than 30 days following the recording of the notice, it may be foreclosed in the manner provided by state law for the foreclosure of mortgages on real property. (b) Building permits. If impact fees remain unpaid, no further building permits of any type shall be issued on the property for which the impact fees remain unpaid. Building permits, certificates of occupancy, or occupancy permits may be issued only upon full payment of any previously owed impact fees, together with any interest owing, and current impact fees, if any. Sec. 60. Violations and relief. It shall be unlawful to violate this division, and any violation shall be punishable according to law. However, in addition to or in lieu of any criminal prosecution, the city or any feepayer shall have the power to sue for relief in civil court to enforce the provisions of this division. Knowingly furnishing false information to the growth management director or other city official for any matter relating to the administration of this division shall constitute a violation thereof. SECTION 2. The provisions of this ordinance shall become and be made a part of the code of laws and ordinances of the City of Palm Beach Gardens, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," article" or any other appropriate word. SECTION 3. If any section, paragraph, sentence, clause, phrase or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this ordinance. SECTION 4. All ordinances or parts of ordinances previously adopted that are in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 5. This ordinance shall be effective on the first day of the month following the date of adoption. Ordinance 22, 2000 Page 13 V� ,•r September 11, 2000 PLACED ON FIRST READING THIS DAY OF 2000. PLACED ON SECOND READING THIS DAY OF 2000. PASSED AND ADOPTED THIS DAY OF 2000. JOSEPH R. RUSSO, MAYOR DAVID CLARK, COUNCILMEMBER ERIC JABLIN, VICE MAYOR ATTEST: CAROL GOLD, CITY CLERK VOTE: MAYRO RUSSO VICE MAYRO JABLIN COUNCILMEMBER CLARK COUNCILMEMBER FURTADO COUNDILMEMBER SABATELLO G ASC\ORDUMPACTFEES 082100 Ordinance 22, 2000 Page 14 AYE LAUREN FURTADO, COUNCILMEMBER CARL SABATELLO, COUNCILMEMBER APPROVED AS TO FORM AND LEGAL SUFFICIENCY LEONARD G. RUBIN, CITY ATTORNEY NAY ABSENT Clot Ire,M �S plan. (9) The land use types listed in section 50 shall have the same meaning as in article N pertaining to zoning. (d) Imposition of fees. (1) Fees required. Any person who, after September 23, 1993, seeks to develop land by applying for the issuance of a building permit for one of the land use types specified in section 50, shall be required to pay an impact fee for the following services: police protection, fire protection/EMS, and parks and recreation in the manner and amount set forth in this chapter. (2) Building permits. A building permit shall not be issued until all applicable impact fees required have been paid. The amount of the impact fees shall be as set forth in the schedules provided herein or as otherwise established pursuant to a city- approved independent calculation. The feepayer shall have the option of using the fee schedule or the independent calculation method. (3) Existing uses. When change of use, redevelopment, or modification of an existing use requires the issuance of a building permit, the impact fees shall be based upon the net increase in the impact fee for the new use as compared to the previous use. Sec. 50. Fees. Amount. The amount of the impact fees shall be determined by the schedules contained herein, unless established by an independent calculation pursuant to section5 I . Schedule 1. Fire Protection and EMS Cost Schedule Land Use Type Development Unit Alarms per Unit Net Cost per Alarm Net Cost per Unit Single Family - Detached Dwelling 0.134 $2,577.34 $345.36 Multifamily Dwelling 0.053 $2,577.34 $136.60 Mobile Home Dwelling 0.007 $2,577.34 $ 18.04 Hotel/Motel Room 0.094 $2,577.34 $242.27 City of Palm Beach Gardens/l-and Development Regulations I* Adopted July 20, 2000 68 U-1 I[] Schedule 2. Police Protection Cost Schedule Land Use Type Development Alarms per Net Cost per Net Cost per Land Use Type Unit Unit Alarm Unit Retail/ 1,000 Square 0.48 $96.89 $ 46.51 Commercial Feet 0.163 $2,577.34 $420.11 Office/ 1,000 Square 1.12 $96.89 $108.52 Institutional Feet 0.144 $2,577.34 $371.14 Industrial/ 1,000 Square 1.82 $2,577.34 $ 95.36 Warehouse Feet 0.037 $96.89 $ 90.11 Schedule 2. Police Protection Cost Schedule Land Use Type Development Unit Calls per Unit Net Cost per Call Net Cost per Unit Single Family - Detached Dwelling 1.40 $96.89 $135.65 Multifamily Dwelling 0.48 $96.89 $ 46.51 Mobile Home Dwelling 0.54 $96.89 $ 52.32 Hotel/Motel Room 1.12 $96.89 $108.52 Retail/ Commercial 1,000 Square Feet 2.18 $96.89 $211.22 Office/ Institutional 1,000 Square Feet 1.82 $96.89 $176.34 Industrial/ Warehouse 1,000 Square Feet 0.93 $96.89 $ 90.11 City of Palm Beach GardensAand Development Regulations Adopted July 20. 2000 69 • Schedule 3. Parks and Recreation Facility Cost Schedule Land Use Type Peak Population per Unit Net Cost per Peak Resident Net Cost per Dwelling Unit Single Family - Detached 2.68 $558.34 $1,496.35 Single Family - Attached 1.98 $558.34 $1,105.51 Multifamily 1.78 $558.34 $ 993.85 Mobile Home 1.47 $558.34 $ 820.76 Hotel/Motel 1.09 $558.34 $ 608.59 Sec. 51. Independent calculations. (a) Method of independent calculations. The feepayer has the option of submitting evidence to the growth management director indicating the impact fees as established in the schedules set forth in section 50 are not appropriate for the particular development or that the feepayer or developer is entitled to additional credit. The growth management director shall adjust the impact fee if substantial evidence is submitted that clearly demonstrates an adjustment is necessary under the methodology upon which the impact fee is based. The burden shall be upon the feepayer to provide all relevant data, analyses, and reports which would assist the growth management director in making a determination. The analysis and report must be based on generally accepted practices and methodologies and the formulas set forth in this division. (b) Independent calculation formulas. Any independent calculation shall use the formulas listed below. (1) Police protection. a. Cost per unit = Service call per unit x Cost per call. b. Credit = Cost per unit x 0.0385. C. Net cost = Cost per unit - Credit. (2) Fire protection. a. Cost per unit = Fire /emergency alarms per unit x Cost per alarm. City of Palm Beach GardensALand Development Regulations Adopted July 20, 2000 70 • 1� ]l IMPACT FEE UPDATE preparedfor I PALM BEACH GARDENS, FLORIDA Prepared by I duncanlassociates September 2000 Ll • Contents INTRODUMON................... ............................... 1 LegalFramework .............. ............................... 1 Benefit Districts ............... ............................... 3 Summary of Findings ........... ............................... 4 PARKS............................. ............................... 5 Service Unit ................... ............................... 5 Costper Service Unit ........... ............................... 6 Revenue Credits ............... ............................... 9 Maximum Fee Schedule ........ ............................... 11 POLICE........................... ............................... 13 ServiceUnit .................. ............................... 13 Costper Service Unit .......... ............................... 13 Revenue Credits .............. ............................... 15 Maximum Fee Schedule ........ ............................... 16 FIRE /EMS ......................... ............................... 18 ServiceUnit .................. ............................... 18 Cost per Service Unit .......... ............................... 20 Revenue Credits .............. ............................... 21 Maximum Fee Schedule ........ ............................... 23 APPENDIX A. DEMOGRAPHIC DATA .............................. 24 APPENDIX B: FUNCIIONAL POPULATION ........................ 25 APPENDIX C TAX CREDITS ........ ............................... 28 Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, PM • List of Tables Table 1: POPULATIONGROWIR 1990 -2015 ..... ............................... 1 Table 2: IMPACT FEE SUMMARY ............... ............................... 4 Table 3: PEAK POPULATION ESTIMATES, 2000 .. ............................... 6 Table 4: EXISTING PARK FACILITIES ........... ............................... 6 Table 5: PARK REPLACEMENT COSTS .......... ............................... 8 Table 6: PARK COST PER PERSON ...................... .................... 9 Table 7: PARK DEBT SERVICE CREDIT ........ ............................... 10 Table 8: PARK GRANT CREDIT ................ ............................... 10 Table 9: PARK NET COST PER PERSON ........ ............................... 11 Table 10: PARK NiAXINIUM FEE SCHEDULE ..... ............................... 11 Table 11: COMPARATIVE PARK IMPACT FEES .. ............................... 12 Table 12: POLICE BUILDING COST ............. ............................... 13 Table 13: POLIO VEHICLE COST .............. ............................... 14 Table 14: POLICE COST PER SERVICE UNIT ..... ............................... 14 Table 15: POLIO DEBT SERVICE CREDIT ...... ............................... 15 Table 16: POLIO NET COST PER SERVICE UNIT ............................... 16 Table 17: POLIO MAXIMUM FEE SCHEDULE ... ............................... 16 Table 18: C WARATIVE POLIO INIPAGT FEES ............................... 17 Table 19: FIRE /EMS ANNUAL CAT I S FOR SERVICE ...................... 18 Table 20: FIRE STATION REPLACEMENT ODST . ............................... 20 Table 21: FIRE /EMS VEHIC_IT COST ............ ............................... 20 Table 22: FIRE /EMS COST PER SERVICE UNIT .. ............................... 21 Table 23: FIRE /EMS DEBT SERVICE CREDIT ............................. . .... 22 Table 24: FIRE /EMS NET C10ST PER SERVICE UNIT ............................ 22 Table 25: FIRE /EMS W—XINIUM FEE SCHEDULE ............................... 23 Table 26: COMPARATIVE FIRE /EMS INIPACI FEES ............................. 23 Table 27: AVERAGE HOUSEHOLD SIZE, 1990 ... ............................... 24 Table 28: DWET T TNG UNITS BY TYPE, 2000 ..... ............................... 24 Table 29: RESIDENTIAL FUNCTIONAL POPULATION MULTIPT MRS ............ 25 Table 30: NONRESIDENTIAL FUNCTIONAL POPULATION MULTIPLIERS ....... 26 Table 31: TOTAL FUNCTIONAL POPULATION, 2000 ............................ 27 Table 32: GENERAL FUND REVENUES ......... ............................... 28 Table 33: PROPERTY TAXES FROM VACANT LAND ............................ 28 Table 34: VACANT LAND TAX CREDIT ......... ............................... 29 Table 35: OUTSTANDING DEBT BY FAM -TTY TYPE ............................ 29 Table 36: DEBT SERVICE SCHEDULE ........... ............................... 30 List of Figures Figure 1: LOCATION MAP ....................... ............................... 1 Figure 2: URBAN GROWTH BOUNDARY ......... ............................... 3 Figure 3: LOCATION OF EXISTING CITY PARKS . ............................... 7 Figure 4: FIRE STATION LOCATIONS ........... ............................... 19 Figure 5: FUNCTIONAL POPULATION FORMULA .............................. 26 Palm Beach GardensVMPACTFEEUPDATE September 7, 2000, PM • • INTRODUCTION The purpose of this study is to update the City of Palm Beach Garden's fire/EMS, police and park impact fees. The fire/EMS and police impact fees were originally adopted in 1993 and were updated in 1997. At the time of the 1997 update, the City also adopted a new park impact fee. The current impact fee schedules are based on the consultant study prepared in 1997.1 The purpose of the current study is to update all three impact fees. Palm Beach Gardens is a growing municipality located in northern Palm Beach County in southeastern Florida. Between 1970 and 1996, the city's population and land area both increased more than five -fold. Today, the City covers over 34,000 acres, the majority of which is undeveloped.' Figure 1 LOCATION MAP The city has historically grown faster rhan Palm Beach County as a whole, and this trend is expected to continue. In the last ten years, the city's share of county population increased from 2.7 to 3.8 percent, and is expected to be 52 percent fifteen years from now. During the peak tourist season, the city's population is estimated to be 20 percent higher than the permanent, year -round population. Permanent population projections for the county and permanent and peak population projections for the city are shown in Table 1. Table 1 POPULATION GROWTH, 1990 -2015 Jurisdiction 1990 1995 2000 2605 2010 2015 Permanent County Population 863,518 997,889 1,067,900 1,170,300 1,271,100 1,373,800 Permanent City Population 22,965 31,011 40,369 50,944 61,519 72,094 City Share of County Population 2.7% 3.1% 3.8% 4.4% 4.8% 5.2% Source: City of Palm Beach Gardens, Comprehensive Plan Support Documents, Future Land Use Support Document. June 1999, page 1 -2. Legal Framework Impact fees are charges that are assessed on new development to help payfor the capital facility costs they impose on the community. Unlike other types of developer exactions, impact fees are based on a standard formula and a pre- determined fee schedule. Essentially, impact fees require that each new residential or commercial project pay its pro-rata share of the cost of new facilities required to serve that development. Since impact fees were pioneered in states like Florida that lacked specific enabling legislation, such fees have generally been legally defended as an exercise of local government's broad "police power" to protect the 'Duncan Associates, Fire /EMS Police and Park Impact Fee Study, City of Palm Beach Gardens, Florida, May 1997. 'City of Palm Beach Gardens, Comprehensive Plan Support Documents, Future Land Use Support Document, June 1999, page 1 -1. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000,Pag= INTRODUCTION health, safety and welfare of the community. The courts have gradually developed guidelines for constitutionally valid impact fees, based on a "rational nexus" that must exist between the regulatory fee or exaction and the development activity that is being regulated? The standards set by court cases generally require that an impact fee meet a three -part test: 1) The need for new facilities must be created by new development; 2) The amount of fee charged must not exceed a proportional fair share of the cost to serve new development; and 3) All fee revenues must be spent within a reasonable period of time and benefit the fee - paying development. These principles have some important corollaries, which maybe broadly categorized under the headings of "proportionality," "credits" and "benefit." The proportionality rules require that the fees cover only those costs that can be attributed to new development. In addition, applicants must have the option of attempting to demonstrate that their development will have less impact on the need for public facilities than is indicated by the fee schedule. The credit rules are designed to ensure that new development is not overcharged. These rules address both revenue credits, which are calculated up -front in the preparation of the fee schedule, and construction credits, which are determined on a case -by -case basis prior to fee payment. Revenue credits reduce the impact fee schedules to account for any other revenues that will be generated by new development and used to retire debt for existing facilities or to construct new facilities. Construction credits are used to offset an individual development's impact fees by the value of required land dedications or other developer improvements or contributions for the same types of facilities. Fi-nAl y, the benefit rules require that the fee revenues be spent within a reasonable period of time and within a reasonable proximityto the fee - paying development. The Florida courts have ruled that earmarking of funds for expenditure in the area in which they were collected is generally sufficient to establish reasonable benefit. While impact fees in Florida are primat lygovemed by case law, there are some statutoryprovisions that do apply. Section 235.26(1)(a), Florida Statutes, provides that public schools are exempt from impact fees: ... all public educational and ancillary plants constructed by district school board or a community college district board of trustees shall conform to the State Uniform Building Code for Public Educational Facilities Construction, and such plants are exempt from all other state, county, district, municipal, or local building codes, interpretations, building permits, and assessments of fees for building permits, ordinances, road closures, and impact fees or service availability fees... 'There are six Florida cases that have guided the development of impact fees in the state: Contractors and Builders Association of Pinellas County v. City of Dunedin, 329 So.2d 314 (Fla. 1976); Hollywood, Inc. v. Broward County, 431 So.2d 606 (Fla. 1976): Home Builders and Contractors Association of Palm Beach County, Inc. v. Board of County Commissioners of Palm Beach County, 446 So.2d 140 (Fla. 4th DCA 1983); Seminole County v. City of Casselberry, 541 So.2d 666 (Fla. 5th DCA 1989); City of Ormond Beach v. County of Volusia, 535 So.2d 302 (Fla. 5th DCA 1988); and St. Johns County v. Northeast Florida Builders Association, 16 FLW S264 (April 18, 1991). Palm Beach GardenSVMPACTFEE UPDATE September 7, 2000, PM • • INTRODUCTION Benefit Districts Impact fee case law states that impact fees must be spent so as to provide a reasonable benefit to the fee - paying development. One way of ensuring reasonable benefit is to create multiple benefit districts within which the fees collected must be spent. Multiple benefit districts ensure that the impact fees paid by development are spent closer to the development than would be the case under a jurisdiction -wide benefit district. On the other hand, the larger the number of benefit districts, the more difficult it is to accumulate sufficient funds in anyone district to make any significant improvements. Deciding on the appropriate number and location of benefit districts requires bn1nncing the need to show reasonable benefit to fee payers with the need to maintain sufficient flexibility in impact fee expenditures to address priority improvement needs. Currently, the entire corporate area of the city is designated as a single benefit district for fire/EMS, police and park impact fees. This is a standard approach for fire/EMS and police impact fees, since public safety services tend to function as an integrated system for the delivery of services. For example, fire - fighting apparatus and ambulances located in one fire station may respond to the primary service area of another station if the equipment at the neighboring station is already responding to an incident. And both fire/EMS and police facilities include some that serve a centralized, cit),wide function, such as training, dispatch or central administration. In contrast, local jurisdictions are often divided into multiple benefit districts for park impact fees. The City's Comprehensive Plan divides the cityinto two distinct service areas bythe Urban Growth Boundary. This boundary, which follows Loxahatchee Slough, divides the city into the "urban" area to the east and the "rural" area to the west, as shown in Figure 2. Figure 2 URBAN GROWTH BOUNDARY Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Pag= E RQ Mn- -XV'"�f M-11 j� \` K1A � L -7 ��/ +• �t�:��<.- �iis� a� �.�,� I�� -tip .�� � •�tl� u ' — nfi _ Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Pag= INTRODUCTION Different levels of service (LOS) have been established for the urban and rural areas. However, these differential LOS standards do not necessarily translate into different capital costs to serve new development in the two areas. For example, the fire/EMS LOS standard is a five - minute response time to 90% of all calls (on a district basis) in the urban area, and an eight - minute average response time in the Waal area. However, the lower LOS provided in the rural area does not mean that fewer stations and equipment are required per housing unit, but rather that the less compact development pattern in the rural area makes it impossible to provide the same response time. The police LOS standard in the urban area is 1,150 service calls per officer per year using the community policing philosophy, compared to the use of zone patrol based on rural crime control strategies in the rural area. Thus, while the police LOS standard is different in the two areas, this does not necessarily translate into differential capital costs to serve new development in the two areas. Finally, the level of service for recreation and open space states that "park and recreation facilities will be located to serve the entire citypopulation, and in most cases will be in the urban area. "' While the city encompasses a large land area, much of its area has significant development constraints and the area where most development will occur is relatively compact. For these reasons, it is recommended that the single, cit), wide benefit district for park impact fees be maintained. Summary of Findings Palm Beach Gardens' current impact fees and the maximum fees calculated in this update are summarized in Table 2. Table 2 IMPACT FEE SUMMARY Parks $510 $343 $282 $356 Single- Multi- Mobile Hotel/ Retail Office Industrial Fire/EMS $43 $32 $68 $29 Family Family Home Motel (per 1000 (per 1000 (per 1000 Potential Percent Increase 30% 38% 44% 56% (per unit) (per unit) (per unit) (per room) sq. ft.) sq. ft.) sq. ft.) Parks $1,496 $994 $821 $609 $0 $0 $0 Police $136 $47 $52 $109 $211 $176 $90 Fire /EMS $345 $137 $18 $242 $420 $371 $95 Total Existing Fees $1,977 $1,178 $891 $960 $631 $547 $185 Parks $2,006 $1,337 $1,103 $965 $0 $0 $0 Police $173 $115 $95 $261 $384 $232 $137 Fire /EMS $388 $169 $86 $271 $422 $613 $237 Total Potential Fees $2,567 $1,621 $1,284 $1,497 $806 $845 $374 Parks $510 $343 $282 $356 $0 $0 $0 Police $37 $68 $43 $152 $173 $56 $47 Fire/EMS $43 $32 $68 $29 $2 $242 $142 Total Potential Increase $590 $443 $393 $537 $175 $298 $189 Potential Percent Increase 30% 38% 44% 56% 28% 54% 102% • existing fee for parks is for apartment, duplex or condominium (townhouse fee is higher); same for potential park and fire/EMS fees. Source: Potential fees are maximum fees calculated in this report in Tables 10, 17 and 25. "City of Palm Beach Gardens, Comprehensive Plan Support Documents, Capital Improvement Element Support Document, June 1998, page 9.3. Palm Beach GardensVMPACTFEEUPDATE September 7, 2000, Pa= • PARKS The City of Palm Beach Gardens operates and maintains a variety of parks and recreational facilities for the benefit of city residents and visitors. The City adopted park impact fees on September 18, 1997 (Ordinance No. 39- 1997), based on a consultant studyprepared in May 1997.5 The current studyis intended to provide a basis for updating the park impact fees. The City has been collecting about $350,000 annually in park impact fees. The Frye Year Capital 1npw Pnrrri Mw for FY 2000 -2004 has programmed park impact fee funds to construct a skate park and rest room/ concession building at Plant Drive Park, construct a restroom/storage building on the soccer fields on the Klock property, help purchase land for a district park and help develop the Nature Center. In addition to park impact fees, the City's subdivision regulations require residential developers to dedicate land for parks or pay a fee in lieu of land dedication prior to final plat. The amount of the dedication requirement is 600 square feet per dwelling unit. The fee in lieu of dedication is based on the amount that would be required to be dedicated and the appraised value of the property. The value of the land to be dedicated or the in-lieu payment is not to exceed the amount of the park imnact fees, "unless the dedication is necessary to ma;ntnin adopted level of service standards established in the comprehensive plan-"' The calculation of the park impact fees includes the cost of both park land acquisition and park development. Consequently, credit against the park impact fees is given for the value of prior park land subdivision exactions. The value of any park land dedication or cash payment is deducted from the park impact fees that would otherwise be due at time of building permit issuance. Service Unit Park impact fees are generally assessed only on new residential development. However, Palm Beach Gardens' park impact fees, like those of rnnnyFlorida communities, are also assessed on hotels and motels, under the theory that visitors, as well as residents, use and generate demand for,park facilities. The Palm Beach Gardens Ccv?pn4 miw Plan uses the ratio of acres of City -owned park land per 1,000 year - round residents as the park level of service (LOS) standard. The adopted LOS is 3.7 acres per 1,000 residents, although the Plan notes that the goal is to increase the LOS to 42 acres/ 1,000 over the next several years. The 1997 park imnact fee studydid not use a ratio of acres to population in the fee calculations. Instead, the ratio of the total replacement costs of existing City-owned park land and facilities to the estimated peak population was used in the pant imnact fee calculations. This approach essentiallyuses the existing LOS rather than any formally adopted LOS in the fee calculations, and thus does not charge new development for a higher standard that existing development has provided. This approach will continue to be used in this update of the park impact fees. Year 2000 estimates of dwelling units in Palm Beach Gardens yield estimates of the total peak population when multiplied bythe average household size multipliers derived from the 1990 census, as shown in Table 3. Note that peak season population assumes that all dwelling units are occupied, and also includes transients occupying tourist accommodations. The peak season population estimate is somewhat lower than the 48,443 projection for the year 2000 contained in the Carrprrl arize Plan Nevertheless, the peak population estimate calculated here will be used in the park impact fee calculations, since it is more consistent with the dwelling unit and average household size estimates. °Duncan Associates, fire /EMS, Police and Park Impact Fee Study, City of Palm Beach Gardens, Florida, May 1997. . PPalm Beach Gardens Code. § 114421 and § 114423. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Pag® • • PARKS Table 3 PEAK POPULATION ESTIMATES, 2000 Year 2000 Average Dwellings/ Household Peak Season Land Use Type Units Rooms Size Population Single - Family Dwelling 8,764 2.91 25,503 Multi- Family Dwelling 7,626 2.03 15,481 Mobile Home Dwelling 618 1.60 989 Hotel /Motel Rooms 1,354 1.40 1,896 Total 43,869 Source: Year 2000 dwelling units from Table 28; hotel rooms is 1996 estimate from 1997 impact fee study plus building permits since 1997 for 117 additional rooms per Palm Beach Gardens Growth Management Department, February 23, 2000 memorandum; average household size for dwelling units from Table 27; average hotel room occupancy is one -half average vehicle occupancy on vacation trips from U.S. Department of Transportation, Nationwide Personal Transportation Survey, 1995. Cost per Service Unit The cost per service tout used in the park impact fee calculations is the replacement cost of existing City - owned parks facilities divided by peak season population. The City's parks are.concentrated in the eastern, "urban" part of the city, as illustrated in Figure 3. While a portion of the Palm Beach Gardens District Park is owned byPalm Beach County, the Cityhas a 75 -year lease on the County land and has sole responsibility for district park improvement and maintenance. Consequently, the entire district park is considered a City facility. Excluding the 15 -mile long Riverside T.inear Park, the City's existing parks total ahnost 267 acres and include a broad array of recreational facilities, as summarized in Table 4. Table 4 EXISTING PARK FACILITIES E 3 d 2 m m E Q -- > > J? N c — p o S ai J2 0 CL 0 CM Park Acres ? m m it N F ? d¢ cc cc m 0- N F= rn F� a- 3 Cr V Gardens Comm Ctr 12.0 2 2 3 1 1.0 1 1 1 Riverside Comm Ctr 1.0 1 Gardens Park Sports 20.0 2 2 8 3 8 L. Catherine Sports 26.0 1 0.5 4 Lake Catherine 6.3 Lilac 9.5 PGA National Park 36.0 2 1 2 2 2 4 2 2 Plant Drive Park 8.0 2 1 1 1 Oaks Park 11.0 0.5 1 1 2 Soccer Complex 16.9 Gardens Dist Park 115.0 1 8 Twin Parks 1.0 Westminster 4.0 Total 266.7 2 2 4 9 1 2.0 1 6 1 1 1 9 6 TO 4 6 12 Source: Palm Beach Gardens Parks and Recreation Department, November 30. 1999 and March 1. 2000 memoranda. Palm Beach GardensVMPACTFEEUPDATE 1 1 3 1 2 1 rn U t= 'c v CL a 1 120 49 130 110 1 127 98 1 35 89 59 3 1 2 3 3 81 September 7, 2000, PIM • • • PARKS Figure 3 LOCATION OF EXISTING CITY PARKS r' Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Pim -Es n N Ail a1E�� ] September 7, 2000, Pim 11 • • PARKS The park impact fee calculations are based on the net cost to maintain the existing level of service. While park levels of service are often expressed in terms of a simple ratio of park land to population, the City of Palm Beach Gardens provides a wide range of facilities in its parks that, in total, are about one and one -_half times as costly as the land value alone. For the purpose of impact fees, a better measure of the amount of park facilities provided is the total replacement cost of these facilities. The quantities, unit costs and total replacement value of the City's existing park facilities are summarized in Table '5. Table 5 PARK REPLACEMENT COSTS Facility Quantity Unit Cost Total Cost Park Land (acres) 266.7 $60,000 $16,002,000 Tennis Courts (hard surface) 4 $20,000 $80,000 Tennis Courts (clay) 8 $35,000 $280,000 Volleyball Courts 2 $32,000 $64,000 Basketball Courts, Outdoor 4 $20,000 $80,000 Basketball Courts, Indoor 2 $50,000 $100,000 Soccer Fields 10 $125,000 $1,250,000 Softball Fields 6 $150,000 $900,000 T -Ball Fields 4 $72,000 $288,000 Baseball Fields 9 $200,000 $1,800,000 Roller Hockey Rinks 2 $175,000 $350,000 Pavilions 6 $50,000 $300,000 Picnic Areas 3 $2,000 $6,000 Disc Golf Course" 1 $5,000 $5,000 Vita Course 1 $25,000 $25,000 Jogging Trails (miles) 2 $15,000 $30,000 Playgrounds/Tot Lots 6 $50,000 $300,000 Fishing Areas 2 $15,000 $30,000 Swimming Pools 1 $1,500,000 $1,500,000 Recreation Center, Large 1 $6,000,000 $6,000,000 Recreation Center, Medium 1 $3,000,000 $3,000,000 Recreation Center, Small 1 $750,000 $750,000 Food Concessions, Large 2 $250,000 $500,000 Food Concessions, Small 1 $75,000 $75,000 Restrooms 9 $50,000 $450,000 Parkins Spaces 817 $200 $163,400 Total $34,328,400 Source: Quantities from Table 4; unit costs from Palm Beach Gardens Parks and Recreation Department, June 16, 2000 memorandum. The park facility replacement costs can be divided bytotal peak population to derive the cost per person. As shown in Table 6, it costs approximately$783 in current dollars to provide a new peak season resident with parks at the City's current level of service. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, P= 1 • • • PARKS Table 6 PARK COST PER PERSON Total Park Facility Replacement Cost $34,328,400 Total Peak Season Population, 2000 43,869 Cost per Peak Season Resident $782.52 Source: Total replacement cost from Table 5: peak season population from Table 3. Revenue Credits In calculating park impact fees. the cost per person to maintain the current level of service should be reduced to account for three kinds of revenue credits. The first is the property taxes that have been paid by vacant land that have been used to pay for existing park facilities. The second is the stream of future property tax payments that will be made by new residential development and used to retire bonds used to construct existing park facilities. The third is outside grant funding that will be available on a per capita basis to help fund the costs of growth-related parks improvements. The first of these, the property taxes paid by vacant land, is addressed in Appendix C. The other two are calculated in this section. As described in Appendix C, almost 30 percent of the Municipal Complex bond issue was used for improvements to Palm Beach Gardens Park sports complex and the purchase of the Westminster Church site for future recreational facilities. The park share of the outstanding principal on that bond issue totals about $7.8 million. Approximately 75 percent of this will be repaid by residential development. As shown in Table 7, the net present value of future park debt service payments by future residential development is $62 per peak season resident. The City has received some state and county grant funding over the last several years to help pay for park capital costs. Over the past five years, the City received $150,000 from the Pn1_m Beach CountyRecreation Assistance Program for the development of Oaks Park and Lake Catherine Parts. It is likely that the City will continue to receive additional grant funding in the future. For example, the City has been notified of an award of a $100,000 grant from the Florida Recreational Development Assistance Program to be used in developing the Gardens Park baseball complex. Based on the grant funding received over the last five years, new residential development will be helping to generate a future revenue stream that is the equivalent of about $8 per person in grant funds that can be used for capacityexpanding park improvements, as shown in Table 8. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Pm • • • Table 7 PARK DEBT SERVICE CREDIT Table 8 PARK GRANT CREDIT Total Park Grants, Last Five Years $150,000 Annual Grant Funding $30,000 Peak Season Population, 2000 43,869 Annual Grant Funding per Person $0.68 Net Present Value Factor 120 years at 5% discount) $12.46 Park Grant Credit per Person $8.47 Source: Grant amounts from Palm Beach Gardens Parks and Recreation Department. November 23, 1999 memorandum; peak season population from Table 3; 5% discount rate used in net present value calculation is approximate interest rate on City bond issues. Palm Beach GardensVMPACTFEE UPDATE PARKS September 7, 2000, Pa"M Total Park Residential Peak Credit/ Year Debt Service Share Share Population Person 2000 $1,424,320 $420,174 $315,131 43;869 $7.18 2001 $1,404,829 $414,425 $310,819 46,168 $6.73 2002 $1,401,925 $413,568 $310,176 48587 $6.38 2003 $1,397,766 $412,341 $309,256 51,133 $6.05 2004 $1,402,127 $413,627 $310,220 53;812 $5.76 2005 $1,400,599 $413,177 $309,883 56,632 $5.47 2006 $1,401,652 $413,487 $310,115 581,982 $5.26 2007 $1,395,935 $411,801 $308,851 61;430 $5.03 2008 $1,399,400 $412,823 $309,617 63,979 $4.84 2009 $1,400,683 $413,201 $309,901 66;634 $4.65 2010 $1,399,028 $412,713 $309,535 69;399 $4.46 2011 $1,395,919 $411,796 $308,847 71,786 $4.30 2012 $1,400,715 $413,211 $309,908 74,255 $4.17 2013 $1,407,470 $415,204 $311,403 76;809 $4.05 2014 $1,401,635 $413,482 $310,112 79;451 $3.90 2015 $1,413,309 $416,926 $312,695 82,184 $3.80 2016 $1,411,554 $416,408 $312,306 84,650 $3.69 2017 $1,417,806 $418,253 $313,690 87,190 $3.60 2018 $678,725 $200,224 $150,168 89;806 $1.67 2019 $336,575 $99,290 $74,468 92,500 $0.81_ Total $26,291,972 $7,756,131 $5,817,101 $91.80 I Net Present Value {5% Discount Rate) $62.09 Source: Principal debt service payments from Table 36; park share is percent of total debt service from Table 35; residential share is 75% of park share, based on share of total property taxes from developed land from Palm Beach County Property Appraiser, November 1999 memorandum; year 2000 peak population from Table 3; peak population projections based on projected increase in permanent population from Table 1; 5% discount rate used in net present value calculation is approximate interest rate on City bond issues. Table 8 PARK GRANT CREDIT Total Park Grants, Last Five Years $150,000 Annual Grant Funding $30,000 Peak Season Population, 2000 43,869 Annual Grant Funding per Person $0.68 Net Present Value Factor 120 years at 5% discount) $12.46 Park Grant Credit per Person $8.47 Source: Grant amounts from Palm Beach Gardens Parks and Recreation Department. November 23, 1999 memorandum; peak season population from Table 3; 5% discount rate used in net present value calculation is approximate interest rate on City bond issues. Palm Beach GardensVMPACTFEE UPDATE PARKS September 7, 2000, Pa"M 0 PARKS • In summary, the park cost per person is reduced by three kinds of revenue credits to determine the park net cost per person. First, it has been determined in Appendix C that vacant land has funded 2.9 percent of existing general fund facilities, and the park cost per person is reduced by that percentage to account for the contribution from the formerly vacant land that is now being developed for residential use. Second, the cost is reduced by the current lump sum payment that is the equivalent of the future stream of property tax payments that new residential development will be making to retire the outstanding debt for existing park facilities. Finally, the park cost per person is reduced by the equivalent of potential future grant funding per person that maybe available to help pay for growth-related park costs. The result is the net cost per person to maintain the current level of service for parks. As shown in Table 9, this net cost is about $689 per person. Table 9 PARK NET COST PER PERSON Park Cost per Person $782.52 Past Property Tax Credit per Person (2.9 %) $22.69 Debt Service Credit per Person $62.09 Grant Funding Credit per Person $8:47 Net Cost per Person $689.27 Source: Park cost per person from Table 6; past property tax credit is percentage from Table 34 times cost per person; debt service credit from Table 7; grant funding credit from Table 8. Maximum Fee Schedule The maximum park impact fees that may be adopted byPalm Beach Gardens can be calculated by multiplying the average household size (or persons per hotel room associated with various housing types by the net cost per peak season resident of maintaining the existing level of park facilities. Based on the calculations in Table 10, the maximum park impact fees range from $965 per hotel room to $2,006 per single- family dwelling unit. Table 10 PARK MAXIMUM FEE SCHEDULE If adopted at 100 percent of the maximum fees, the park impact fees would increase 34 percent for dwelling units, and would increase by 59 percent for hotels and motel rooms, as shown in Table 11. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Page Average Net Cost/ Net Cost/ Housing Type Unit Household Size Person Unit Single - Family Detached" Dwelling 2.91 $689.27 $2,006 Single - Family Attached Dwelling 2.15 $689.27 $1,482 Duplex, Apartment or Condominium Dwelling 1.94 $689.27 $1,337 Mobile Home /RV Park Pad Site 1.60 $689.27 $1,103 Hotel /Motel Room 1.40 $689.27 $965 ` includes mobile home on individual platted lot Source: Average household size by housing type from Table 3; net cost per person from Table 9. If adopted at 100 percent of the maximum fees, the park impact fees would increase 34 percent for dwelling units, and would increase by 59 percent for hotels and motel rooms, as shown in Table 11. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Page • • Table 11 COMPARATIVE PARK IMPACT FEES Palm Beach GardensVMPACTFEE UPDATE PARKS September 7, 2000, Par,= Existing Maximum Potential Housing Type Unit Fee Fee Change Single - Family Detached* Dwelling $1,496.35 $2,006 34% Single - Family Attached Dwelling $1,105.51 $1,482 34% Duplex, Apartment or Condominium Dwelling $993.85 $1,337 35% Mobile Home /RV Park Pad Site $820.76 $1,103 34% Hotel /Motel Room $608.59 $965 59% " includes mobile home on individual platted lot Source: Existing fees from § 82 -30. Palm Beach Gardens Code; maximum fees from Table 10. Palm Beach GardensVMPACTFEE UPDATE PARKS September 7, 2000, Par,= • POLICE The City's police impact fees were originally adopted in 1993, and were updated in 1997. The current fees are based on a consultant studyprepared in May 1997 ( "1997 update") .7 The ordinance (No. 39 -1997) was adopted on September 18, 1997. This study is intended to provide a basis for updating the police impact fees. The City has been collecting about $75,000 annually in police impact fees. The City has been accumulating the fee revenues for several years, and the FY 1999/2000 budget proposes to spend $150,000 on a building for radio equipment and $368,000 on mobile data terminals. Service Unit The approach that was used in the original 1993 study and the 1997 update used calls for service as the service unit. The cost of police facilities to serve different types of new development was based upon the capital cost per service call and the expected nilmher of calls per unit of each land use type per year. However, due to changes in the way the (ay tracks police calls for service, it is no longer possible to determine calls for service by land use type. Consequently, this update will use an alternative approach, known in impact fee literature as "functional population." This approach is based on the assumption that demand for these types of facilities is generally proportional to the presence of people. The functional population concept is analogous to the concept of "full -time equivalent" employees. It represents the number of "full -time equivalent" people present at the site of a land use. Functional population multipliers for various land use categories, as well as total functional population estimated to exist in the city in the base year 2000, are calculated in Appendix B. Cost per Service Unit The City's Comprehensive Plan notes that, although "the [Police] Department responds to calls on vacant property (trespassing, disabled vehicles, illegal hunting), future development of land within the City will require additional patrolling and enforcement of laws."' To support that higher level of law enforcement, additional capital facilities will be required. The capital facilities utilized by the Police Department include the police station, a training center, vehicles and communication and other equipment. The buildings and land that support the City's police protection capability have a replacement value of about $6.0 million, as summarized in Table 12. Table 12 POLICE BUILDING COST Facilities Building Land Total Police Station $5,779,252 $250,000 $6,029,252 Training Center (leased) na na na Total Building Cost $5,779,252 $250,000 $6,029,252 Source: Police station building cost from Table 35; police station land cost from Palm Beach Gardens Growth Management Department, February 25. 2000 memorandum; DARE office costs from 1997 update report. 7Duncan Associates, Fire /EMS Police and Park Impact Fee Study, City of Palm Beach Gardens, Florida, May 1997. • *City of Palm Beach Gardens Comprehensive Plan, Public Safety Element Support Document, June 1998, p. 10-7. Palm Beach GardensVMPACTFEEUPDATE September 7, 2000, Page, • • • POLICE In addition to buildings, a significant amount of capital equipment is required to support police protection service. The Police Department's existing inventory of patrol and other vehicles has a total current replacement value of $1.4 million, as shown in Table 13. The Department has initiated a "take home" vehicle policythat will require the acquisition of approximately45 additional patrol vehicles over the next several years. It is premature to include the cost of this policy in the current impact fee update, although it should be addressed in the next impact fee update. Table 13 POLICE VEHICLE COST Manufacturer Model Quantity Unit Cost Total Cost Chevrolet 1 Ton Truck 1 $30,000 $30,000 Chevrolet '/2 Ton Truck 2 $23,504 $47,008 Chevrolet 3/4 Ton Truck 1 $20,000 $20,000 Chevrolet Astro 3 $18,200 $54,600 Chevrolet Blazer 1 $21,512 $21,512 Chevrolet Caprice 14 $18,500 $259,000 Chevrolet Corsica 3 $17,100 $51,300 Chevrolet Lumina 3 $17,887 $53,661 Chevrolet Suburban 1 $38,000 $38,000 Dodge Van 150 1 $17,900 $17,900 Ford Crown Victoria" 21 $26,900 $564,900 Ford Expedition 2 $35,771 $71,542 Ford Ranger 1 $11,300 $11,300 Harley Motorcycle 9 $12,500 $112,500 Toyota Pick -Up 1 $11,700 $11,700 Total Vehicle Cost $1,364,923 ` excludes one DUI vehicle paid for with grant funds Source: Vehicle descriptions and quantities from Palm Beach Gardens Police Department, 12/17/99 memorandum: unit replacement costs from 2/4/00'imemo. The Police Department utilizes another $12 million in equipment with a unit cost of $500 or more to the building, land and vehicle costs identified in the previous two tables results in a total capital cost of $8.6 million. Dividing this total capital cost bytotal existing service units yields a cost of $182 per functional population, as summarized in Table 14. Table 14 POLICE COST PER SERVICE UNIT Building Replacement Cost $6,029,252 Vehicle Replacement Cost $1,364,923 Equipment Cost $1,205,252 Existing Police Facility Cost $8,599,427 Total Functional Population, 2000 47,318 Police Cost per Functional Population $181.74 Source: Building replacement cost from Table 12: vehicle cost from Table 13: equipment cost is original cost from City's fixed asset listings: functional population from Table 31. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Pag� • • • POLICE Revenue Credits In calculating police impact fees. the cost per service unit to maintain the current level of service should be reduced to account for two kinds of revenue credits. The first is the property taxes that have been paid by vacant land that have been used to pay for existing police facilities. The second is the stream of future property tax payments that will be made by new development and use to retire bonds used to construct the new police station. A revenue credit would also be due if the City could anticipate significant outside grant funding that would be available to help fund the costs of growth - related police facilities. However, over the past three years, the City has only received grant funding sufficient to purchase a single vehicle, and that vehicle has been left out of the facilities used to calculate the cost of the existing level of service (see note to Table 13). The percent of property taxes paid by vacant land is addressed in Appendix C Over 20 percent of the Municipal Complex bond issue was used for the expansion of the police station (a portion of the cost of the new 34,919 square foot police station is attributable to replacing/rehabilitating the old 9,000 square foot station, and this portion is not subject to the credit). As shown in Table 15, the net present value of future police- related debt service payments is $58 per service unit. Table 15 POLICE DEBT SERVICE CREDIT Fiscal Total Police Functional Payment/ Year Debt Service Share Population Func. Pop. 2000 $1,424,320 $319,048 47,318 $6.74 2001 $1,404,829 $314,682 49,797 $6.32 2002 $1,401,925 $314,031 52,406 $5.99 2003 $1,397,766 $313,100 55,152 $5.68 2004 $1,402,127 $314,076 58,042 $5.41 2005 $1,400,599 $313,734 61,083 $5.14 2006 $1,401,652 $313,970 63,618 $4.94 2007 $1,395,935 $312,689 66,258 $4.72 2008 $1,399,400 $313,466 69,008 $4.54 2009 $1,400,683 $313,753 71,872 $4.37 2010 $1,399,028 $313,382 74,855 $4.19 2011 $1,395,919 $312,686 77,430 $4.04 2012 $1,400,715 $313,760 80,094 $3.92 2013 $1,407,470 $315,273 82,849 $3.81 2014 $1,401,635 $313,966 85,699 $3.66 2015 $1,413,309 $316,581 88,647 $3.57 2016 $1,411,554 $316,188 91,306 $3.46 2017 $1,417,806 $317,589 94,045 $338 2018 $678,725 $152,034 96,866 $1.57 2019 $336,575 $75,393 99,772 $0.76 Total $26,291,972 $5,889,401 $86.21 Net Present Value Payment (5% discount rate) $58.31 Source: Total debt service payments from Table 36; police share is percent of total debt service from Table 35; year 2000 functional population from Table 31; functional population projections based on projected increase in permanent population from Table 1; 5% discount rate used in net present value calculation is approximate interest rate on City bond issues. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Page POLICE The police cost per service unit is reduced by two kinds of revenue credits to determine the net cost per service unit. It has been determined in Appendix C that vacant land has funded 2.9 percent of existing general fund facilities, and the police cost per service unit is reduced by that percentage to account for the contribution from the formerly vacant land that is now being developed. Next, the cost is reduced by the current lump suun payment that is the equivalent of the future stream of property tax payments that new development will be n-oMng to retire the outstanding debt for the new police station. The result is the net cost per service unit to maintain the current level of service for police facilities. As shown in Table 16, this net cost is $118 per functional population. Table 16 POLICE NET COST PER SERVICE UNIT Cost per Functional Population $181.74 Past Property Tax Credit per Functional Population (2.9 %) $5.27 Debt Service Credit per Functional Population $58.31 Net Cost per Functional Population $118.16 Source: Cost from Table 14; past property tax credit based on percent from Table 34 times cost per functional population; debt service credit from Table 15. Maximum Fee Schedule The maximum police impact fees that maybe adopted byPalm Beach Gardens, based on current, available data and the methodologies used in chic nnnlysis, are calculated by multiplying the functional population per unit associated with various land uses by the net cost per functional population of maintaining the existing level of service. The impact fee calculations are shown in Table 17. Table 17 POLICE MAXIMUM FEE SCHEDULE Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, P29M Functional Net Cost/ Net Cost/ Land Use Unit Pop. /Unit Func. Pop. Unit Single - Family Detached' Dwelling 1.46 $118.16 $173 Single - Family Attached Dwelling 1.08 $118.16 $128 Duplex, Apartment, or Condominium Dwelling 0.97 $118.16 $115 Mobile Home/RV Park Pad Site 0.80 $118.16 $95 Hotel/Motel Room 2.21 $118.16 $261 Retail/Commercial 1000 sq. ft. 3.25 $118.16 $384 Office/] nstitutional 1000 sq. ft. 1.96 $118.16 $232 Industrial/Warehouse 1000 sq. ft. 1.16 $118.16 $137 includes mobile home on individual platted lot Source: Functional population per unit from Tables 29 and 30; cost per functional population from Table 16. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, P29M • • • POLICE The maximum fees calculated in this report are compared with the current fees in Table 18. The increase would be a maximum of $81 per residential unit and up to 20 cents per square foot for nonresidential developments. Table 18 COMPARATIVE POLICE IMPACT FEES Current Maximum Potential Percent Land Use Unit Fees Fees Change Change Single Family Detached* Dwelling $135.65 $173 $37 28% Single- Family Attached Dwelling $46.51 $128 $81 175% Duplex, Apartment or Condominium Dwelling $46.51 $115 $68 147% Mobile Home Park Site $52.32 $95 $43 82% Hotel /Motel Room $108.52 $261 $152 141% Retail/Commercial 1,000 sf $211.22 $384 $173 82% Office /Institutional 1,000 sf $176.34 $232 $56 32% Industrial/Warehouse 1,000 sf $90.11 $137 $47 52% • includes mobile home on individual platted lot Source: Current fees from § 82 -30. Palm Beach Gardens Code; maximum fees from Table 17. Palm Beach GardensVMPACTFEEUPDATE September 7, 2000, Page FIRE /EMS The Qty's fire /EMS impact fees were oniinaLlyadopted in 1993, and were updated in 1997. The fees were based on a consultant studyprepared in May 1997 ("1997 update").' The ordinance (No. 39 -1997) was adopted on September 18, 1997. The current study is intended to provide a basis for updating the fine /EMS impact fees. The City has been collecting about $140,000 annnallyin fire/EMS impact fees. The City's FY 2000 -2004 Fite Ywr Cjwd Inp vten nt Aw has programmed fire/EMS impact fees to purchase a $125,000 rescue vehicle in 2000 and 2001 and to purchase a $250,000 fire engine in 2002. Service Unit The cost of fire/EMS facilities to serve different types of new development is determined based upon the cost per fim/EMS call for service and the expected number of calls per unit per year for various land use types. Calk for service include medical calls, fires, emergencies, hazardous conditions and false alarms. As noted above, the cost of fire/EMS facilities to serve different types of new development is based upon the expected number of calls for service per unit per year. Dividing the number of annual fine /EMS calls received from each land use category by the existing amount of development yields the service units required per development unit (dwelling unit, hotel room or 1,000 square feet of nonresidential builAng area). The nnnind number of calls for service per unit for six land categories ranging from single - family dwelling to industrial square footage in thousands is presented in Table 19. Table 19 FIRE /EMS ANNUAL CALLS FOR SERVICE Office /Institutional 1,000 sq. ft. 844 4,231 0.199 Industrial/Warehouse 1,000 sq. ft. 65 839 0.077 Total 3,229 Source: Annual calls includes medical, fire alarm, fire and other calls, excluding those on roadways and other calls not associated with a land use, for the period January 1998 through October 1999, adjusted by ratio of 12 out of 22 months, from Palm Beach Gardens Fire Department, November 4, 1999 memorandum: year 2000 residential units from Table 28, nonresidential units from Table 31. 9Duncan Associates, Fire /EMS, Police and Park Impact Fee Study, City of Palm Beach Gardens, Florida, May 1997. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Page® .1 Annual 2000 Calls/ Land Use Type Unit Calls Units Unit Single- Family Detached/Mobile Homes Dwelling 1,183 9,382 0.126 Multi- Family Dwelling 423 7,626 0.055 Hotel /Motel Room 119 1,354 0.088 Retail /Commercial 1,000 sq. ft. 595 4,329 0.137 Office /Institutional 1,000 sq. ft. 844 4,231 0.199 Industrial/Warehouse 1,000 sq. ft. 65 839 0.077 Total 3,229 Source: Annual calls includes medical, fire alarm, fire and other calls, excluding those on roadways and other calls not associated with a land use, for the period January 1998 through October 1999, adjusted by ratio of 12 out of 22 months, from Palm Beach Gardens Fire Department, November 4, 1999 memorandum: year 2000 residential units from Table 28, nonresidential units from Table 31. 9Duncan Associates, Fire /EMS, Police and Park Impact Fee Study, City of Palm Beach Gardens, Florida, May 1997. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Page® .1 • • • FIRE/EMS Figure 4 FIRE STATION LOCATIONS Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Page® • • • FIRE/EMS Cost per Service Unit The capital facilities that are used to support the provision of fire/EMS services in Palm Beach Gardens include fire stations, the training tower, firefighting apparatus and vehicles, and other equipment includ;ng communications equipment, breathing systems and sperial;7td extrication equipment. The Gty recently completed the expansion of the main fire station and headquarters building in the municipal complex (the location of each station is shown in Figure 4 on the preceding page). The total replacement cost of the existing fire stations and fire station sites is about $5.3 million, as shown in Table 20. The Gtyplans to complete construction of Station # 3 in 2001. Station # 3 and future stations will include about 1,800 square feet for offices and a meeting room to be used by the Police Department as a substation. The Fire Department's current inventory of vehicles has a total replacement cost of $4.5 million, as shown in Table 21. Table 20 FIRE STATION REPLACEMENT COST scheduled for construction in 2001 Source: Fire station #1 building cost from Table 35: other data from Palm Beach Gardens Office of the Fire Chief, November 4, 1999 memorandum. Table 21 FIRE /EMS VEHICLE COST Description Land Building Total Cost Replacement Cost Facility (acres) Sq. Ft. Building Land Total Station #1 /HQ 4.00 21,000 $2,247,613 $450,000 $2,697,613 Station #2 2.51 5,950 $750,000 '$450,000 $1,200,000 Station #4 0.70 4,650 $600,000 $500,000 $1,100,000 Training Tower na na $350,000 na $350,000 Total 7.21 31,600 $3,947,613 $1,400,000 $5,347,613 scheduled for construction in 2001 Source: Fire station #1 building cost from Table 35: other data from Palm Beach Gardens Office of the Fire Chief, November 4, 1999 memorandum. Table 21 FIRE /EMS VEHICLE COST Description Units Unit Cost Total Cost Fire Engine 1500 GPM /1000 GWT/50 1 $350,000 $350,000 Fire Engine 1250 GPM /500 GWT/25 2 $450,000 $900,000 Fire Engine 1250 GPM /1000 GWT/50 3 $325,000 $975,000 Fire Truck 1500 GPM /200 GWT /100 1 $700,000 $700,000 Rescue Vehicle 5 $150,000 $750,000 Utility Vehicle 1 $200,000 $200,000 Brush Truck 3 $60,000 $180,000 Commander 1 $42,007 $42,007 EMS Captain 1 $42,000 $42,000 Boat 1 $30,000 $30,000 Special Events 1 $30,000 $30,000 Pick -Up 4 $30,000 $120,000 Staff 4x4 3 $36,667 $110,001 Staff Car 3 $29,000 $87,000 Public Education Van 1 $30,000 $30,000 Total Vehicle Cost $4,546,008 Source: Palm Beach Gardens Office of the Fire Chief, November 4, 1999 memorandum. Palm Beach GarrdensVMPACTFEEUPDATE September 7, 2000, Page • FIRE/EMS Based on original acquisition costs from the City's fixed asset listings, the total cost of the Cites other fire /EMS equipment with a value of more than $500 is about $0.8 million. Adding that to the fire station and vehicle replacement costs calculated above results in a total fire facility cost of about $10.7 million. Dividing this by the average number of annual fire /EMS calls for service yields a cost of $3,299 per fire/EMS call to maintain the existing level of service, as shown in Table 22. Table 22 FIRE /EMS COST PER SERVICE UNIT Fire Station Replacement Cost $5,347,613 Vehicles and Apparatus $4,546,008 Other Equipment $760,276 Total Facility and Equipment Cost $10,653,897 Annual Fire /EMS Calls Cost per Fire /EMS Call $3,299.44 Source: Fire station replacement cost from Table 20; fire/EMS vehicle cost from Table 21; other equipment with unit cost of more than $500 is original cost from City's fixed asset listings. September 30. 1999; annual fire/EMS calls from Table 19. Revenue Credits In calculating fire/ENE impact fees. the cost per service unit to maintain the current level of service should be reduced to account for two lands of revenue credits. The first is the property taxes that have been paid by vacant land that have been used to pay for existing fire/EMS facilities. The second is the stream of future property tax payments that will be made by new development and use to retire bonds used to expand the main fire station. A revenue credit would also be due if the City could anticipate outside grant funding that will be available to help fund the costs of growth - related fire /EMS facilities. However, over the past three years, the Gtyhas not received any grant funding for fire /EMS facilities, and does not anticipate any significant grant funds in the future. The percent of property taxes paid by vacant land is addressed in Appendix C Of the Municipal Complex bond issue, about $22 million was used for the expansion of the fire station. The expanded fire station is 21,000 square feet, but the majority of it is the refurbished existing 15,000 square feet, which was essentially replaced with the improvement. Impact fees cannot be used to replace existing facilities, and consequently credit is due only for the percent of the cost applicable to the net addition in square footage, which amounts to about 3 percent of the total bond issue. The net present value of future fire - related debt service payments is $125 per service unit (see Table 23). Palm Beach GardensVmPACTFEE UPDATE September 7, 2000, Page • • • FIRE/EMS Table 23 FIRE /EMS DEBT SERVICE CREDIT Fiscal Total Fire /EMS Annual Payment/ Year Debt Service Share Calls Call 2000 $1,424,320 $47,003 3,229 $14.56 2001 $1,404,829 $46,359 3,398 $13.64 2002 $1,401,925 $46,264 3,576 $12.94 2003 $1,397,766 $46,126 3,763 $12.26 2004 $1,402,127 $46,270 3,960 $11.68 2005 $1,400,599 $46,220 4,168 $11.09 2006 $1,401,652 $46,255 4,341 $10.66 2007 $1,395,935 $46,066 4,521 $10.19 2008 $1,399,400 $46,180 4,709 $9.81 2009 $1,400,683 $46,223 4,904 $9.43 2010 $1,399,028 $46,168 5,108 $9.04 2011 $1,395,919 $46,065 5,284 $8.72 2012 $1,400,715 $46,224 5,466 $8.46 2013 $1,407,470 $46,447 5,654 $8.21 2014 $1,401,635 $46,254 5,848 $7.91 2015 $1,413,309 $46,639 6,049 $7.71 2016 $1,411,554 $46,581 6,230 $7.48 2017 $1,417,806 $46,788 6,417 $7.29 2018 $678,725 $22,398 6,610 $3.39 2019 $336,575 $11,107 6,808 $1.63 Total $26,291,972 $867,637 $186.10 Net Present Value Payment (5% discount rate) $125.26 Source: Total debt service from Table 36; fire/EMS share based on percent from Table 35; annual calls for year 2000 include only those calls attributable to a land use per Table 19; calls for future years estimated based on projected population growth from Table 1; 5% discount rate used in net present value calculation is approximate interest rate on City bond issues. Deducting the past property tax credit and the debt service credit per service unit from the cost per service unit yields a net cost per service unit of $3,079 per fire/EIZ call, as shown in Table 24. Table 24 FIRE /EMS NET COST PER SERVICE UNIT Cost per Fire /EMS Call- for - Service $3,299.44 Past Property Tax Credit per Fire /EMS Call- for - Service (2.9 %) $95.68 Debt Service Credit per Fire /EMS Call- for - Service $125.26 Net Cost per Fire /EMS Call- for - Service $3,078.50 Source: Cost per call from Table 22; past property tax credit based on percent from Table 34 times cost per call; debt service credit from Table 15. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Pig= • • FIREJEMS Maximum Fee Schedule The maximum fire /EMS impact fees that maybe adopted by Palm Beach Gardens can be calculated by multiplying the calls per unit associated with various land uses by the cost per call of maintnin;ng the existing level of service. The fire /EMS impact fee calculations are presented in Table 25. Table 25 FIRE /EMS MAXIMUM FEE SCHEDULE Calls/ Net Cost/ Net Cost/ Land Use Unit Unit Call Unit Single - Family Detached* Dwelling 0.126 $3,078.50 $388 Multi - Family Dwelling 0.055 $3,078.50 $169 Mobile Home /RV Park Pad Site 0.028 $3,078.50 $86 Hotel/Motel Room 0.088 $3,078.50 $271 Retail /Commercial 1000 sq. ft. 0.137 $3,078.50 $422 Office /Institutional 1000 sq. ft. 0.199 $3,078.50 $613 1 ndustrial/Wa rehouse 1000 sq. ft. 0.077 $3,078.50 $237 • includes mobile home on individual platted lot 1,000 sf $420.11 $422 Source: Calls per unit from Table 19 (mobile home assumed' /2 multi - family rate); cost per call from Table 22. The maximum fees calculated in this report are compared with the current fees in Table 26. In absolute dollar amounts, the increases are highest for hotel/motels and office /institutional uses, although the percentage change is greatest for mobile home parks, which payverynom;nal fees under the current oMin?nce. Table 26 COMPARATIVE FIRE /EMS IMPACT FEES Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Page Current Maximum Potential Percent Land Use Unit Fees Fees Change Change Single Family Detached Dwelling $345.36 $388 $43 12% Multi - Family Dwelling $136.60 $169 $32 24% Mobile Home Park Site $18.04 $86 $68 377% Hotel /Motel Room $242.27 $271 $29 12% Retail /Commercial 1,000 sf $420.11 $422 $2 0% Office/Institutional 1,000 sf $371.14 $613 $242 65% Industrial/Warehouse 1,000 sf $95.36 $237 $142 149% Source: Current fees from § 82 -30. Palm Beach Gardens Code; maximum fees from Table 25. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Page • • • APPENDIX A: DEMOGRAPHIC DATA An important input into the impact fee calculations is the number of persons associated with dwelling units of various housing types. These residential multipliers will be used in developing the impact fees for park facilities, which are assessed solelyon residential development. The level of service for parks will be expressed in terms of peak seasonal population. The peak season population multipliers should be based on the assumption that all units will be occupied. For this reason, average household size (household population divided by occupied units) should be used for the residential multipliers for the park fee. The population per unit multipliers for Palm Beach Gardens from the 1990 Census are presented in Table 27. Table 27 AVERAGE HOUSEHOLD SIZE, 1990 Multi - Family* 10,149 4,998 2.03 * sum of single - family attached and duplex/apartment/condominium Source: U.S. Census Bureau, 1990 Census Summary Tape File 1 (100% count for basic demographic variables), from website ( http: // venus.census.gov /cdromAookup). The base year for the determination of existing levels of service is the year 2000. Dwelling unit estimates for the year 2000 were based on total housing counts from the 1990 census and building permits issued for the ten -year period 1990 -1999. As shown in Table 28, it is .estimated that there are approximately 17,000 dwelling units in the city in the year 2000. Table 28 DWELLING UNITS BY TYPE, 2000 1990 1990 -1999 Household Occupied Average Housing Type Population Units Household Size Single - Family Detached 12,149 4,172 2.91 Single- Family Attached 4,511 2,097 2.15 Duplex/Apartment/Condominium 5,638 2,901 1.94 Mobile Home 620 387 1.60 Total Dwelling Units 22,918 9,557 2.40 Multi - Family* 10,149 4,998 2.03 * sum of single - family attached and duplex/apartment/condominium Source: U.S. Census Bureau, 1990 Census Summary Tape File 1 (100% count for basic demographic variables), from website ( http: // venus.census.gov /cdromAookup). The base year for the determination of existing levels of service is the year 2000. Dwelling unit estimates for the year 2000 were based on total housing counts from the 1990 census and building permits issued for the ten -year period 1990 -1999. As shown in Table 28, it is .estimated that there are approximately 17,000 dwelling units in the city in the year 2000. Table 28 DWELLING UNITS BY TYPE, 2000 1990 1990 -1999 2000 Housing Type Total Units Permits Units Single - Family Detached 5,027 3,737 8,764 Multi - Family* 6,642 984 7,626 Mobile Home 498 120 618 Total 12,167 4,841 17,008 * includes single - family attached Source: 1990 units U.S. Census Bureau, 1990 Census Summary Tape File 1 (100% count for basic demographic variables). from website (http:// venus.census.gov /cdron- 000kup): units permitted during 1990 -1999 calendar years from Palm Beach Gardens Growth Management Department. February S. 2000 memorandum. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Pag= • • APPENDIX B: FUNCTIONAL POPULATION A common approach used in impact fee studies for estimating the service dernnnds of various land use types on police facilities is known in impact fee literature as "functional population." This approach is based on the assumption that demand for police facilities is generally proportional to the presence of people. The functional population concept is analogous to the concept of "full-time equivalent" employees. It represents the number of "full-gimp equivalent" people present at the site of a land use. Since the use of a 24 hour day would result in only residential development being charged for the night -time hours, when police services are also being provided to protect vacant nonresidential property, the functional population calculations are based on a 16 -hour day, rather than on a 24 -hour day. Suppose, for example, that a retail establishment has four employees who work eight hour shifts, and on a typical weekday has 160 visitors, including shoppers and deliverypeople. Assuming each visitor spends one hour per visit, on an average day employees and visitors spend 192 hours at the site. Dividing bythe 16 -hour day described above, the retail establishment has functional population of 12. The residential functional population is considerably simpler than the nonresidential component. Of the 16- hour dayused in the functional population calculations, it is assumed that people spend eight hours, or one- half of their waking hours, at home. The other half of the day spent away from home accounts for working, shopping and other awarfrom -home activities. This factor for residential development essentially distributes the cost of police facilities evenly between residential and nonresidential development. For residential uses, then, functional population is calculated by dividing the n,_imher of persons per dwelling unit calculated in Appendix A above in half. The resulting functional population for single - family detached, single- family attached (townhouse), multi - family and mobile home units is shown in Table 29. Table 29 RESIDENTIAL FUNCTIONAL POPULATION MULTIPLIERS Average , Occupancy Functional Housing Type Household Size Factor Pop. /Unit Single - Family Detached 2.91 0.50 1.46 Single - Family Attached 2.15 0.50 1.08 Duplex/Apartment/Condominium 1.94 0.50 0.97 Multi - Family* 2.03 0.50 1.01 Mobile Home /RV 1.60 0.50 0.80 * includes single - family attached and duplex/apartment /condominium Source: Average household size from Table 27; occupancy factor assumed. The functional population methodology for nonresidential uses is based on national trip generation data compiled by the Institute of Transportation Engineers (ITE). Functional population per 1,000 square feet is derived by dividing the total number of hours spent by employees and visitors during a day by 16 hours. Employees are assumed to spend eight hours a day at their place of employment. Visitors are generally assumed to spend one hour per visit (this may vary for some uses). The formula used to derive the nonresidential functional population estimates is summarized in Figure 5. Palm Beach Gardens;VMPACTFEEUPDATE September 7, 2000, Page • • • APPENDIX B: FUNCTIONAL POPULATION Figure 5 FUNCTIONAL POPULATION FORMULA Functional population /1000 sf = (employee hours /1000 sf + visitor hours /1000 sf) _ 16 hours/day Where: Employee hours /1000 sf = employees /1000 sf x 8 hours /day Visitor hours /1000 sf = visitors /1000 sf x hours /visit Visitors /1000 sf = weekday ADT /1000 sf x avg. vehicle occupancy - employees /1000 sf Weekday ADT /1000 sf = one -way average daily trips (total trip ends 2) Using this formula and information on trip generation rates from the ITE Manual, nonresidential functional population estimates per 1,000 square feet of gross floor area (or other applicable unit) were calculated. Table 30 presents the results of these calculations. Table 30 NONRESIDENTIAL FUNCTIONAL POPULATION MULTIPLIERS Trip Persons/ Employees/ Visitors/ Hours/ Functional Land Use (ITE Code) Unit Rate Trip Unit Unit Visitor Pop. /Unit Hotel/Motel (310/320) Room 4.56 1.78 0.71 7.41 4.00 2.21 Retail/Commercial (820) 1000 sq. ft. 21.46 1.78 1.96 36.24 1.00 3.25 Office, /Institutional (710) 1000 sq. ft. 5.51 1.47 3.32 4.78 1.00 1.96 Industrial/Warehouse (130) 1000 sq. ft. 3.48 1.16 2.08 1.96 1.00 1.16 Source: Average daily trip rates (' /z of trip ends) from Institute of Transportation Engineers (ITE) Trip Generation, Sixth Edition, 1997; persons per trip are average vehicle occupancies from US Department of Transportation, 1995 National Persona/ Transportation Survey; employees per 1,000 sq. ft. from ITE manual (ADT per 1,000 sf divided by ADT per employee - retail rate from National Association of Office and Industrial Parks, America's Future Office Space Needs, 1990 p. 22): visitors /unit and functional population calculated based on formula in Figure 5; hours per visitor assumed. Total functional population for Palm Beach Gardens can be determined base& on land use data and functional population multipliers for various land use categories. The base year for the determination of existing levels of service is the year 2000. As shown in Table 31, the total functional population of the city is estimated to be about 47,000, which is somewhat higher than the peak population estimate of about 43,000 calculated in the park section of this report. Palm Beach Gardens\/MPACTFEEUPDATE September 7, 2000, Pag .: • • APPENDIX B: FUNCTIONAL POPULATION Table 31 TOTAL FUNCTIONAL POPULATION, 2000 Palm Beach GardenSVMPACTFEE UPDATE September 7, 2000, PagIm 2000 Functional Functional Land Use Unit Units Pop. /Unit Population Single- Family Detached Dwelling 8,764 1.46 12,795 Multi- Family Dwelling 7,626 1.0.1 7,702 Mobile Homes Dwelling 618 0.80 494 Hotel /Motel Room 1,354 2.21 2,992 Retail/Commercial 1,000 sq. ft. 4,329 3.25 14,069 Office/Institutional 1,000 sq. ft. 4,231 1.96 8,293 Industrial/Warehouse 1,000 sq. ft. 839 1.16 973 Total 47,318 Source: Dwelling units and hotel rooms from Table 3: nonresidential square footage from Palm Beach County Property Appraiser, November 1999: residential functional population multipliers from Table 29: nonresidential multipliers from Table 30. Palm Beach GardenSVMPACTFEE UPDATE September 7, 2000, PagIm 0 • • APPENDIX C: TAX CREDITS Two types of credits against the impact fees are appropriate: revenue credits and exaction credits. This section calculates the credits that should be factored into the impact fee calculations to acknowledge past or future tax revenues contributed by new development toward existing capital facilities. In contrast to revenue credits, credits for developer exactions are not reflected in the impact fee schedules. Instead, such credits are calculated on a case -by -case basis to reflect the value of developer contributions of fire/EMS, police or park facilities. The impact fees for such developments should be reduced by the value of prior land dedications, facility construction or monetary payments for the type of facility for which the fee is charged. Prior to development, vacant land has generated property tax revenues that have been used, in part, to fund existing capital facilities. As shown in Table 32, propertytaxes currently comprise 52.6 percent of the City's annual general fund revenues. Table 32 GENERAL FUND REVENUES Revenue Source Amount Percent Property Taxes $12,977,641 52.60% Other Taxes $2,949,698 11.96% Intergovernmental $3,373,253 13.67% Other $5,371,917 21.77 ° /a Total $24,672,509 100.00% Source: City of Palm Beach Gardens, 199912000 Annual Budget. October 1, 1999. Vacant land, however, generates only 5.5 percent of property tax revenues, as shown in Table 33. Table 33 PROPERTY TAXES FROM VACANT LAND Land Use Taxable Value Percent Developed $3,065,702,457 94.5% Undeveloped /Agricultural $179,289,556 5.5% Total $3,244,992,013 100.0% Source: Assessed values for City of Palm Beach Gardens from Palm Beach County Property Appraiser, November 1999. Because vacant land generates so little property tax revenue for the Gty, even if all existing infrastructure had been financed with general fund revenues, new development would have contributed only2.9 percent of the cost of its share of existing capital facilities, as summarized in Table 34. The impact fees will be reduced by this percentage to account for past property tax revenues generated by newly developing properties and used to construct existing capital facilities. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Pag= 1 • APPENDIX C: DEBT SERVICE CREDITS Table 34 VACANT LAND TAX CREDIT Property Tax Percent of General Fund 52.6% Percent Property Taxes Paid by Vacant Land 5.5% Percent General Fund Paid by Vacant Land 2.9% Source: Property tax percent of general fund from Table 32: percent of property taxes paid by vacant land from Table 33. While new development contributed toward the creation of the City's existing level of service through past propertytaxes, in the future the existing level of service will be ma;ntained primarilythrough impact fees. To the extent that the City spends some general fund revenues to expand fire/EMS, police and park facilities in the future, the effect will be to increase the level of service. Development that has paid impact fees will be paying for this increased level of service, but on the same footing with existing development that did not pay impact fees. Consequently, no credit is due for future tax revenues that will be paid by new development and used to increase the level of service for fire/EMS, police and park far;lt;es. There are circumstances under which, if there is outstanding debt on existing fire/EMB and police protection and parks and recreation facilities, new development would help retire such bonds and might deserve credits for such payments against its impact fees. Voters authorized a $19 million municipal complex bond issue in 1997 that was used to reconstruct and expand the police station and the main fire station, purchase the Westminster Church across the street, which will be used for recreation activities, im »rove the park facilities within the municipal complex, and build a new city hall. The portion of the bond issue that was used to reconstruct and replace the existing police and fire stations are not subject to credits, since ri-bibilitation and replacement costs are not included in the impact fee but are the obligation of all residents and taxpayers, new and existing development alike. As shown in Table 35 below, the percentages of the total bond issue attributable to capital facility expansion are about 22 percent for police, 3 percent for fire/EMS and 30 percent for parks. The remainder of the bond issue was used for replacement/rehabilitation of the existing police and fire stations and for the city hall_ Table 35 OUTSTANDING DEBT BY FACILITY TYPE Police Fire /EMS Parks City Hall Total Construction/Acquisition $4,522,830 $1,847,558 $4,459,316 $4,265,580 $15,095,284 Site Preparation $436,050 $145,350 $436,050 $436,050 $1,453,500 Demolition $56,250 $0 $0 $18,750 $75,000 Architectural/Engineering Fees $255,454 $85,150 $255,454 $255,454 $851,512 Bond Issuance Costs $52,500 $17,500 $52,500 $52,500 $175,000 Art in Public Places $36,494 $12,165 $36,494 $36,494 $121,647 Construction Management $237,207 $79,068 $237,207 $237,207 $790,689 Miscellaneous /Contingency $182,467 $60,822 $182,467 $182,467 $608,223 Total Cost $5,779,252 $2,247,613 $5,659,488 $5,484,502 $19,170,855 Capital Expansion Portion $4,289,711 $642,175 $5,659,488 Capital Percent of Total Issue 22.4% 3.3% 29.5% Source: Breakdown of total bond issue costs and construction /acquisition costs by facility type from City of Palm Beach Gardens, "Municipal Complex Improvements," July 21, 1997; demolition costs allocated 75% to police and 25% to city hall and remaining costs prorated among facility types on the basis of 30% each for police, parks and city hall and 10% for fire, according to City of Palm Beach Gardens Finance Director, March 14. 2000 telephone conversation; capital expansion portion of police is the net 25,919 square feet expansion over the total 34,919 square foot police station: capital expansion portion of the fire station is the 6,000 square foot expansion of the expanded 21,000 square foot station. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Page • • • APPENDIX C: DEBT SERVICE CREDITS The atybas used some interest earnings and has received some donations that it has used instead of bond proceeds to finance some of the costs. To-date, the city has issued $17,225,000 in bonds and estimates that it will need to issue $545,000 more for a total of $17.8 million. Approximately $0.6 million has already been retired. The rerrm;ning debt service (including the estimated debt service for the resa;n;rng $0.5 million yet to be issued) for the municipal complex is summarized in Table 36. Table 36 DEBT SERVICE SCHEDULE Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Pa_ Principal Interest Total Year Payments Payments Debt Service 2000 $614,149 $810,171 $1,424,320 2001 $622,676 $782,153 $1,404,829 2002 $648,412 $753,513 $1,401,925 2003 $674,149 $723,617 $1,397,766 2004 $709,885 $692,242 $1,402,127 2005 $741,358 $659,241 $1,400,599 2006 $777,095 $624,557 $1,401,652 2007 $807,831 $588,104 $1,395,935 2008 $849,304 $550,096 $1,399,400 2009 $890,777 $509,906 $1,400,683 2010 $931,514 $467,514 $1,399,028 2011 $972,986 $422,933 $1,395,919 2012 $1,024,459 $376,256 $1,400,715 2013 $1,080,932 $326,538 $1,407,470 2014 $1,127,405 $274,230 $1,401,635 2015 $1,193,878 $219,431 $1,413,309 2016 $1,250,351 $161,203 $1,411,,554 2017 $1,317,561 $100,245 $1,417,806 2018 $634,034 $44,691 $678,725 2019 $321,244 $15,331 $336,575 Total $17,190,000 $9,101,972 $26,291,972 Source: Debt service for Series 1996, 1997. 1998 and 1999 bonds from City of Palm Beach Gardens, Comprehensive Annual Financial Repot Year Ended September 30, 1999 (debt service schedule for $545.000 unissued debt estimated based on Series 1999 bonds). Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Pa_ 1 7__� I • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 16, 2000 / Date Prepared: October 30, 2000 SUBJECT /AGENDA ITEM Second Reading /Public Hearing: Ordinance 29, 2000, a request for conditional use approval of an 8,620 square -foot fire /police station. RECOMMENDATION Staff recommends approval of Ordinance 29, 2000. Reviewed by: Originating Dept.: Costs: $ Total Council Action: City Attome Growth Management [ ] Approved Finance NA $ [ ] Approved w/ ACM Current FY conditions Human Res. NA [ ] Denied Advertised: Other NA Funding Source: [ ] Continued to: Attachments: Date: 11/6/00 [ ] Operating Paper: The Palm [ ] Other • Ordinance 29, 2000 Beach Post [ ] Not Required tt W by: h Management Affected parties Budget Acct. #:: Director [X] Notified [ ] None Approved by: City Manager [ ] Not required FA REQUEST Gee & Jenson E -A -P, Inc., agent for the City of Palm Beach Gardens, is requesting approval of a conditional use for an 8,620 square -foot fire /police station that will include a 3,363 square -foot fire station, a 3,448 square -foot truck bay, a 1,809 square -foot police sub - station, and a future 4,500 square -foot training facility in phase 2. The 8 -acre site is located on the northeast corner of Howell Lane and Northlake Boulevard. (14- 42S -42E) • City Council Meeting Date: November 16, 2000 Date Prepared: October 30, 2000 Petition CU -00 -01 BACKGROUND The 8 -acre site was originally given to the City by the Ballenlsles residential development to meet a Community Impacts condition listed under Ordinance 8, 1989. The site had a future land use of Recreation Open Space (ROS), however, the land use was subsequently changed to Public (P), and the site was given to the Fire and Police Departments for their use. The site will house a 3,363 square -foot fire station, a 3,448 square -foot truck bay, a 1,809 square -foot police sub - station, and a future 4,500 square -foot training facility in phase 2 of the site. The location of the site on Northlake Boulevard, west of Military Trail, will enable the station to provide emergency services (with a reduced response time) to the residential and non - residential developments nearby, including Ballenlsles, Gardens Hunt Club, Cypress Hollow, Horseshoe Acres, and Christ Fellowship Church. LAND USE & ZONING The subject site is zoned Public or Institutional (P /1), has a future land -use designation of Public (P), and is listed as Recreation Open Space (ROS) on the Vision Plan. For a complete listing of adjacent uses, land -use designations and zoning districts, see Table 1 on the following page. Table 2 on page four (4) examines how consistent the proposed use is.with the City Code. CONCURRENCY The proposed project received concurrency certification on July 7, 2000, which included concurrency for traffic, drainage, solid waste, sewer and water. Per the May 8, 2000 traffic statement prepared by Maria Tejera Palombo, P.E., the buildout date for this project is December 31, 2001. PROCEDURE This is a request for conditional use approval. The request is reviewed by City Staff (Staff evaluates conditional uses using specific criteria established in Section 29 of the City's Land Development Regulations) and the Development Review Committee, who forward comments and recommendations to the Planning and Zoning Commission. Acting in an advisory role, the Commission considers the recommendations of the DRC and City Staff and makes a recommendation to the City Council. The City Council reviews the request for conditional use approval, and makes a final determination of approval, approval with conditions, or denial. 9 2 11 • • City Council Meeting Date: November 16, 2000 Date Prepared: October 30, 2000 Petition CU -00 -01 3 Subject Property Vacant/Undeveloped Public or Institutional Public (P /I) (P) North Ballenlsles Residential Medium Residential Medium (RM) Density (RM) South Hidden Hollow Residential Low Density — Residential Low (RL) 3 (RL -3) with a Planned Unit Development (PUD) overlay West Church Day Camp in Agricultural Residential Agricultural Residential Unincorporated Palm (AR) (AR) Beach County East FPL Square Lake Public or Institutional Public Substation (P /I) (P) Private Nursery in Agricultural Residential Agricultural Residential Unincorporated Palm (AR) (AR) Beach County 3 City Council Meeting Date: November 16, 2000 Date Prepared: October 30, 2000 Petition CU -00 -01 PROJECT DETAILS General Details The 8 -acre site is located on the northeast corner of Howell Lane and Northlake Boulevard. The site will house an 8,620 square -foot fire /police station that will include a 3,363 square - foot fire station, a 3,448 square -foot truck bay, a 1,809 square -foot police sub - station, and a future 4,500 square -foot training facility in phase 2 of the site. The site will have two (2) curb cuts along Northlake Boulevard and three (3) curb cuts along Howell Lane. The site will also have an access easement through it that will serve the FPL substation along the northeast boundary of the site. Please note that this petition is only for the conditional use being proposed (fire /police station). The evaluation of the actual site plan details, including landscaping, will be done through the review of the site plan petition for the proposed development (SP- 00 -12). Tentatively, the site plan petition (SP- 00 -12) is scheduled for review, by City Council at their November 16, 2000 meeting (in conjunction with the second reading and public hearing for the conditional use petition — CU- 00 -01). Landsca pingBufferinq The site will have a 15 -foot landscape buffer along its boundaries with Northlake Boulevard and Howell Lane, and an 8 -foot landscape buffer along all other, site boundaries. The northern most section of the site (bordering the FPL substation) will be used solely for drainage and screening purposes, and will include a .74 -acre lake. Phasinq The proposed development will be constructed in two (2) phases. The future second phase will house a 4,500 square -foot training facility and will be required to obtain site plan 4 City Council Meeting Date: November 16, 2000 Date Prepared: October 30, 2000 Petition CU -00 -01 approval from the City; concurrency and conditional use for the future second phase shall be established with the approval of this petition. Traffic concurrency will expire on December 31, 2001. Drainaqe The proposed project will utilize on -site inlets, culverts, swales, and facilities for both dry detention and wet retention. The outfall from the project site is via a proposed drainage structure located in the northwest corner of the parcel. This structure will be connected to N.P.B.C.I.D. Unit Number 31 (Ballenlsles, Basin 3C) drainage system by a storm drainage system located within Howell Lane. Dischargemill be limited to the allowable rate for the SFWMD C -17 canal. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) To date, no objections regarding the proposed use have been received from the following departments and agencies: Planning and Zoning Division, Building Division, Fire Department, Police Department, Parks & Recreation Department, Public Works Department, City Engineering, City Legal, Seacoast Utility Authority, Palm Beach County Is School District, South Florida Water Management District, Northern Palm Beach County Improvement District, Waste Management, and Florida Power & Light. OUTSTANDING ISSUES To date, there are no major outstanding issues regarding this petition. RECOMMENDATION Staff recommends approval of petition CU- 00-01. PLANNING & ZONING COMMISSION The Planning and Zoning Commission heard this petition as a workshop on September 12, 2000, and at a public hearing on September 26, 2000. The Commission only voiced comments regarding some of the site plan issues (petition SP- 00 -12). The Commission voted 6 — 0 to recommend approval of petition CU -00 -01. CITY COUNCIL City Council approved this petition on first reading at their October 19, 2000 meeting. grohn: cu0001.cc2 0 5 Se p te mber 28 2000 October 30, 2000 ORDINANCE 29, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF A CONDITIONAL USE FOR AN 8,620 SQUARE -FOOT FIRE /POLICE STATION AT THE NORTHEAST CORNER OF HOWELL LANE AND NORTHLAKE BOULEVARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from the City of Palm Beach Gardens for conditional use approval for an 8,620 square -foot fire /police station (including a 3,363 square -foot fire station, a 3,448 square -foot truck bay, a 1,809 square - foot - police sub - station, and a future 4,500 square -foot training facility in phase 2), to be located at the northeast corner of Howell Lane and Northlake Boulevard, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the 8 -acre "Fire /Police Station #3" site is currently zoned Public or Institutional (P /1); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of said application; and WHEREAS, the City's Planning and Zoning Commission has reviewed said application and recommended that it be approved; and WHEREAS, the site plan approval for this site shall be accomplished through the adoption of Resolution 93, 2000; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: • s • Ordinance 29, 2000 Meeting Date: November 16, 2000 Date'Prepared: October 30, 2000 Petition CU -00 -01 SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the conditional use for a 8,620 square -foot fire /police station at the northeast corner of Howell Lane and Northlake Boulevard, as more particularly described in Exhibit °A" attached hereto and incorporated herein by this reference, to permit the construction of a 3,363 square -foot fire station, a 3,448 square -foot truck bay, a 1,809 square -foot police sub - station, and a future 4,500 square -foot training facility in Phase 2 of the development. SECTION 2. The buildout date for both phases of this project is December 31, 2001, as stated in the May 8, 2000 traffic statement prepared by Maria Tejera Palombo, P.E. SECTION 3. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 4. The approval expressly incorporates and is contingent upon all representations made by the applicant or applicant's agents at any workshop or public hearing. . SECTION 5. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 6. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 19' DAY OF OCTOBER 2000. PLACED ON SECOND READING THIS DAY OF 2000. PASSED AND ADOPTED THIS DAY OF 2000. 0 7 • • • Ordinance 29, 2000 Meeting Date: November 16, 2000 Date Prepared: October 30, 2000 Petition CU -00 -01 MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST BY: CAROL GOLD CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE NAY MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO gfjohn: cu0001.or2 8 ABSENT C] 0 Ordinance 29, 2000 Meeting Date: November 16, 2000 Date Prepared: October 30, 2000 Petition CU-00 -01 EXHIBIT "A" (PROVIDED BY CUENT - O.R.B. 6441, PG. 1405XH) THAT PORTION OF SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST IN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 460.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION WITH THE WEST LINE OF THE EAST 430.00 FEET OF SAID SECTION; THENCE SOUTH 01'43'07" WEST ALONG SAID WEST LINE A DISTANCE OF 460.00 FEET TO THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 88'27'48" EAST ALONG SAID SOUTH LINE A DISTANCE OF 98.79 FEET TO THE WEST LINE OF THE EAST HALF (OF THE SOUTHEAST:'ONE— QUARTER) OF THE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE SOUTH 01'44'52" WEST ALONG SAID WEST LINE A DISTANCE OF 664.68 FEET TO THE SOUTH LINE OF SAID SECTION; THENCE NORTH 88'30'27" WEST ALONG SAID SOUTH LINE A DISTANCE OF 331.55 FEET TO THE WEST LINE OF THE EAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE NORTH 01'46'37" EAST ALONG SAID WEST LINE A DISTANCE OF 1,124.94 FEET TO SAID NORTH LINE OF THE SOUTH 460.00 FEET OF SAID NORTH- EAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE CONTINUE NORTH 01'46'37 EAST ALONG SAID WEST LINE A DISTANCE OF 92.10 FEET; THENCE SOUTH 88'27'48" EAST A DISTANCE OF 231.87 FEET TO SAID WEST LINE OF THE EAST 430.00 FEET OF SAID SECTION; THENCE SOUTH 01'43'07" WEST ALONG SAID WEST LINE A DISTANCE OF 92.10 FEET TO THE POINT OF BEGINNING. • L i i ■w'p� w�..+ ..,.....v(. 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RECOMMENDATION Staff recommends that the public hearing for Ordinance 30, 2000 be continued to December 7. 2000. Reviewed by: Originating Dept.: Costs: $ Council Action: City Attorney Growth Management Total [ ] Approved Finance NA / $ [ ] Approved w/ ACM Current FY conditions Human Res. NA ( [ ] Denied Other NA Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ] Other • Ordinance 30, 2000 [X] Not Required • Legal Description Submitted by: Growth E nt� Affected parties Budget Acct. #:: Director [ ] Notified [ ] None Approved by: City Manag [X] Not required 1. REQUEST Urban Design Studio, agent for The Benjamin Private School, Inc., is requesting a rezoning to Planned Unit Development (PUD) from the existing Planned Development Area zoning for the development of a high school campus. The site is located approximately 'h mile north of Hood Road, west of Central Boulevard. The 50 -acre site "go • will contain 187,671 square feet of educational and amenities. (7- 42S -43E) ll. BACKGROUND A. History City Council Meeting Date: November 16, 2000 Date Prepared: November 6, 2000 Petition PUD -00 -01 building space as well as athletic fields This is a vacant parcel of land with Planned Development Area zoning. There have been no previous approvals by the City which affect the site, except for the requirement for a thoroughfare plan road to the south. B. Land Use and Zoning The subject site is currently zoned Planned Development Area (PDA). The petitioner is proposing a Planned Unit Development zoning with an underlying zoning of Public/Institutional. The Comprehensive Plan requires that all lands currently zoned PDA be rezoned to either Planned Unit Development or Planned Community District. The property presently has a future land -use designation of Residential Low (RL), and is listed as Residential Low on the Vision Plan. The Comprehensive Plan requires that the City change the land use to Public during the next round of "staff- initiated" Comprehensive Plan amendments following PUD approval. For a complete listing of adjacent uses, land -use designations and zoning districts, see Table 1 below. Table 2 on page four (4) examines how consistent the proposed project is with the City Code and future land -use designation for the site. Subject Property: I Planned Development Area I Residential Low Benjamin High School North I Planned Development Area . I Residential Low Vacant South Planned Unit Development Residential Low San Michele Underlying Zoning RL -3 West Planned Development Area Residential Low Vacant East Public/institutional/ Public Dwyer High School/ Planned Development Area Residential High Vacant 2 • City Council Meeting Date: November 16, 2000 Date Prepared: November 6, 2000 Petition PUD -00 -01 C. Concurrency The petitioner received concurrency certification on April 28, 2000 for traffic, drainage, water and sewer. Traffic concurrency is certified until the buildout date indicated in the Traffic Impact Analysis, which is December 31, 2004. Should the square footage indicated in the TIA not be constructed by such time , then the petitioner must undergo an additional concurrency review prior to construction. Concurrency has been certified with no conditions. D. Development Review Committee The Development Review Committee members, representing public and private agencies affected by the proposed development, reviewed this petition on June 22, 2000. A listing of various departmental comments is attached. The applicant has submitted revised plans and other documents in response to DRC comments. E. Procedure This is a request to rezone to Planned Unit Development. The request is reviewed by City Staff and the Development Review Committee, who forward comments and recommendations to the Planning and Zoning Commission. Acting in an advisory role, the Commission considers the recommendations of the DRC and City Staff and makes a recommendation to the City Council. The City Council reviews the request for, and makes a final determination of approval, approval with conditions, or denial. III. PROJECT DETAILS A. Site Location and Existing Conditions The proposed project is located on a 50 -acre tract of land on the western side of Central Boulevard, approximately' /2 mile north of Hood Road. The tract is presently heavily wooded, consisting primarily of Upland Pine Woodland System. This consists primarily of slash pine tree story and saw palmetto understory. There is also a small wetland located on the eastern side property, adjacent to Central Boulevard. To the north, south and west are vacant lands. To the east, across Central Boulevard, are a vacant tract and the William T. Dwyer Public High School. To the south is vacant land, which has recently received development approval for the San Michele residential community, consisting of 90 single family homes. This land was owned by the MacArthur Foundation , was part of the sell -off to WCI, and is subject to the stipulations set forth in the Forbearance Agreement. The Benjamin School now owns the property. The petitioner is proposing a 187,671 square foot educational facility which will include classrooms, a performing arts facility, administrative and media centers, 0 3 • • • City Council Meeting Date: November 16, 2000 Date Prepared: November 6, 2000 Petition PUD -00 -01 physical education facilities, food service facilities, field house facility, a soccer /track field, softball field, baseball field, football field and four tennis courts. B. Compliance with Land Development Regulations, Section 76 Site = Public/institutional Minimum Building Site Area = 2,178,000 sq. feet Yes 15,000 sf Minimum Site Width= 900 feet Yes 100 feet Maximum Building Lot 9% Yes Coverage 40% Maximum Building Height = 53 feet No 45 feet Front Setback = 155 feet Yes 25 feet Side Setback = 200 feet Yes 15 feet Side Setback Facing a Street = 128 feet Yes 15 feet Rear Setback = 202 feet Yes 15 feet C. Waiver Requests The petitioner is requesting waivers from the following code requirements: • Section 76, to allow for a 53 foot high structure to exceed code requirement by 8 feet. • Section 256, to allow for a sidewalk on only one side of the "Conceptual Thoroughfare Road ". • Section 180 (3) Number of Parking Spaces in excess of 10% required parking. • Section 282, Lake Maintenance Tract, to allow for vertical structures within the required lake maintenance easement. 4 City Council Meeting Date: November 16, 2000 Date Prepared: November 6, 2000 Petition PUD -00 -01 D. Proposed Buildinq The property is intended to be developed as a 50 -acre private high school campus which will include 69,846 square feet of classrooms, 30,305 square feet of performing arts facilities, 18,362 square feet of administrative and media center facilities, 39,247 square feet of physical education facilities, 11,225 square feet of food service facilities, 18,684 square feet in field house facilities, one soccer /track field; one softball field; one baseball field; a soccer /football field; and four tennis courts. Approximately 490 students are expected to attend the private high school. The performing arts facility has a seating capacity of 490 seats. The performing arts facility and the athletic field will not be used simultaneously or during school hours. The high school is designed in a contemporary style featuring stucco buildings with towers and flat concrete the roofs. The roof styles include mansard and hip. All rooftop equipment will be screened. The color scheme of the buildings will be peach and white. The school facilities will be one and two stories in height. The gymnasium and performing arts center will be greater in height. Art in Public Places The petitioner has been informed of the "Art in Public Places" program, should the cost of development exceed $1,000,000. The petitioner has indicated that they would like to designate an area on the site plan for an "Art in Public Places" location. The petitioner shall provide a note on the site plan indicating that exact location is to be determined in conjunction with the Art Advisory Board, after City Council approval. E. Siqnaqe The petitioner is proposing to bring back a sign package for review and approval by the Planning and Zoning Commission and the City Council at a later date. F. Landscaping and Buffering Section 102 of the Code of Ordinances requires a 25% preservation of all upland native communities located on site. Environmental consultant Jim Schnelle has determined that this required preservation area equivalent to 7.92 acres (memo dated November 18, 1999). The petitioner shall be providing 7.92 acres of preserved upland native community. In addition to the upland community preservation, the petitioner is proposing to preserve an existing wetland area. 0 5 • City Council Meeting Date: November 16, 2000 Date Prepared: November 6, 2000 Petition PUD -00 -01 The petitioner shall be providing a total of 83,853 landscaping points. The landscape code requires 72,048.2 points of landscaping. The proposed development provides for a surplus of 11,804.8 points of landscaping. Of the 83,538 points provided, 52,900 points, or 63.3 %, are provided by existing vegetation preserved as upland native community and wetland. The petitioner has been notified that they will be required to provide littoral zone plantings. The City Forester has requested that the petitioner refrain from identifying littoral zone plantings and cross sections at this time, as these requirements are subject to change in the near future. Staff shall provide the petitioner with direction on how to meet the code requirements for littoral planting zones prior to City Council approval. Central Boulevard Parkway The proposed development is located along the Central Boulevard Parkway, as defined in Section 106 of the LDRs. This section requires that the developer preserve a 90 foot "parkway easement" of upland native system within the subject site, adjacent to the Central Boulevard right -of -way. Within the parkway shall be a six or twelve foot multi- use pathway shall be provided , pedestrian path, landscape medians, linear parks, greenbelts and landscaping buffers. The petitioner has provided for the 90 foot parkway easement, consisting of upland native system and meandering six foot multi - pathway system. The petitioner has also provided for landscaping within the median and road shoulder, consistent with the upland native community system theme as specified in Section 106 of the LDRs, titled "Parkways ". G. Parkinq Based on the revised LDRs Section 180 specifies that High Schools provide one space per classroom, plus one space per 250 square feet of office plus one space for every three students. The petitioner is proposing approximately 50 classrooms, 18,364 square feet of office space and 490 students. This would equate to approximately 288 parking spaces required. The petitioner is proposing 328 parking spaces. These spaces shall be located in two areas, adjacent to the administrative and academic buildings, and adjacent to the field house and athletic facilities. The total number of spaces provided is approximately 13.8% above code requirement. The excess parking is being provided for "visitor" parking. The petitioner is requesting a waiver for exceeding more than 10% of the number of spaces per code requirement (see attached waiver justification). • 6 City Council Meeting Date: November 16, 2000 Date Prepared: November 6, 2000 Petition PUD -00 -01 H. Site Access and Circulation The petitioner is proposing three entrances, two of which shall connect to a roadway, to be constructed by the petitioner, which will run perpendicular to Central Boulevard. This yet to be named roadway is a segment of the Conceptual Thoroughfare Plan. This roadway will eventually run from Donald Ross Road to Alternate A1A, as specified in the Comprehensive Plan. A third entrance shall connect to Central Boulevard. This entrance will have controlled access, and will connect the parking area adjacent to the field house and sports complex. The petitioner will be providing a 6' foot multi -use pathway along Central Boulevard as well as a 5 foot meandering sidewalk along the future east -west .road. This will be part of an overall pedestrian /bike system, which will tie in to an overall Citywide system. I. Drainage Drainage concurrency has been approved. Legal positive outfall from this site will be from the northern end of the site, into a Northern Palm Beach County improvement District Canal. The conceptual drainage plan indicates that there will be three retention facilities on site. The water feature in front of the academic campus will accommodate runoff from the proposed roadway (Conceptual Thoroughfare Plan Roadway) and from the parking and drive areas in front of the campus. The wetland will receive runoff from the academic campus area and back portions of the main parking lot. The retention pond in the rear of the property will receive runoff from the academic facilities and the front water feature. Outfall from the site will run from the rear retention pond to the Northern canal along the northern boundary of the site. This development shall be subject to the Northern Palm Beach County Improvement District Unit 2 condition of approval. J. Liqhtinq The petitioner is proposing parking lot lighting throughout the campus area. The petitioner is proposing stadium lighting for the athletic playing fields. The petitioner has submitted a lighting plan, which indicates that the highest footcandle reading bordering future residential property (to the west) is 0.45. Additional shielding on light fixtures may be required once future residential development is initiated. J. Legal Non - Conformities There are no legal non - conformities on site. City Council Meeting Date: November 16, 2000 Date Prepared: November 6, 2000 Petition PUD-00 -01 K. Platting The petitioner is proposing to plat and record this parcel, consistent with the approved site and master PUD plan, prior to the issuance of the first building permit. L. Phasing The petitioner has indicated that the development will be constructed in one phase. IV. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) This petition has received DRC certification. DRC certification indicates that all major outstanding issues have been resolved. Planning and Zoning Division Staff is not supporting a waiver from Section 256 of the LDRs entitled "Sidewalks ". Staff is not supporting this waiver based on concerns that this will create a "missing link" once development to the west occurs. To ensure that the western developments will have a continuous link to Central Boulevard Parkway system, staff considers this sidewalk segment to be essential. Therefore, this segment should be completed at this time. Staff has recommended that the petitioner provide irrigation and electrical service to the Central Boulevard medians as part of the City's Citywide Median Improvement Program. This program envisions upgrading the existing Native Upland Community System to include irrigated annuals, flowering species and lighting. The petitioner has indicated that they must "jack and bore" a conduit under Central Boulevard at the northern end of the site in order to extend water and sewer lines from the existing main. Staff is requiring that the petitioner add irrigation and electrical service to the Central Boulevard medians via this conduit and an "open cut" conduit connecting the north and south medians. Also as part of the overall City beautification program, staff is requiring that the petitioner utilize either a paver block system or a "bowmanite" pressed concrete system to delineate the crosswalk at the new "Conceptual Thoroughfare Plan Road ". The petitioner should carry out this construction as part of the overall new construction of this roadway. See Public Works Comments • 8 City Council Meeting Date: November 16, 2000 Date Prepared: November 6, 2000 Petition PUD -00 -01 City Forester The City Forester has reviewed this project and has made his recommendations on conditions of approval regarding littoral plant requirements, Central Boulevard Parkway plantings, and removal of exotics (memo dated July 17, 2000). The petitioner has responded to the other comments made by the City Forester. They have also revised landscape plans in response to comments made by the Planning and Zoning Commission at the August 8, 2000 workshop. The City Forester has reviewed the revised plans and has no outstanding concerns. City Engineer The petitioner has addressed the City Engineer's concerns by revising the site plans accordingly. The City Engineer shall review and comment on the revisions prior to Planning and Zoning public hearing. The City Engineer's office has reviewed the revised plans and has indicated that all major outstanding concerns have been addressed. The petitioner shall, however, provide for a letter from NPBCID that verifies the release of all ties /or holdings for the southern lake. Building Division No concerns at this time (transmittal dated June 8, 2000) Public Works Jon Iles, Public Works Supervisor, has submitted a memo addressing the Citywide Median Planting Plan and beautification program. These issues are being worked out with the petitioner (memo dated June 12, 2000) This concern is being addressed through Condition of Approval #1. Police Department The Department has submitted their Public Safety Recommendation Matrix. The petitioner has responded to the concerns of the Department in their July 5, 2000 memo (Police memo dated June 20, 2000) • 9 City Council Meeting Date: November 16, 2000 Date Prepared: November 6, 2000 Petition PUD -00 -01 Fire Department The Site Plan and building elements meet Fire Rescue access standards (memo dated July 12, 2000). Seacoast Utilities Seacoast has reviewed the latest revisions and has made .additional comments. Seacoast has identified a conflict between a water main and an exfiltration ditch. The have also identified a conflict between the existing Central Boulevard storm drain and the proposed sanitary sewer line running parallel to Central Boulevard. Seacoast has reviewed the revised plans and has indicated that all their outstanding concerns have been addressed. (Memo dated September 25, 2000) Northern Palm Beach County Improvement District 0 No concerns at this time (memo dated June 13, 2000). V. PLANNING AND ZONING COMMISSION On August 28, 2000 the Planning and Zoning Commission held a public hearing on this petition. The Commission voted 7 -0 to recommend approval of this petition to City Council. The Commission also recommended approval of all four waivers requested by the petitioner by a 6 -1 vote. The Commission recommended approval with fourteen conditions, seven of which have been addressed by the petitioner. VI. CITY COUNCIL Conditions of Approval At its November 2, 2000 meeting, the City Council approved the passed Ordinance 30, 2000, which provides for the approval of petition PUD -00 -01 on first reading. Staff notified the City Council that three of the seven conditions need to be revised based on petitioner and staff requests. At this time, the condition modifications are still unresolved. 0 10 City Council Meeting Date: November 16, 2000 Date Prepared: November 6, 2000 Petition PUD -00 -01 Waiver Requests The City Council also indicated that they would not support the waiver request for the sidewalk requirement on the southern side of the Future East -West Roadway. Due to the fact that this petition was pre - advertised for a November 16 public hearing, staff is recommending that the public hearing be continued to a date certain. VI. RECOMMENDATION OF APPROVAL At first reading, staff recommends approval of petition PUD -00 -01 with the following waivers from LDR requirements: • Section 76, to allow for a 53 foot high structure to exceed code requirement by 8 feet. • Section 180 (3) Number of Parking Spaces in excess of 10% required parking. • Section 282, Lake Maintenance Tract, to allow for vertical construction within a Lake Maintenance Easement. Staff supports the waiver request for the southern lake only, which is to be privately owned and maintained. Staff does not support a LME waiver request for the northern lake, which is to be owned and maintained by Northern PBC Improvement District. Staff also recommended approval of petition PUD -00 -01 with the following conditions of approval: (1) Prior to issuance of the first Certificate of Occupancy, the applicant, successors or assigns shall install and maintain in perpetuity, the Parkway System, including landscaping, irrigation, lighting and related amenities to City specifications per the citywide streetscaping beautification program, in the road shoulders and median within the right -of -way, along Central Boulevard and the future East -West Roadway. The developer of the undeveloped residential property along the east side of Central Boulevard, directly across from the subject site, shall, at the time of development order, begin to contribute Y2 of the maintenance costs of landscaping installed by subject petitioner, adjacent to their property. In the event a Special Parkway District is formed by the City of Palm Beach Gardens, or another entity, pertaining to the roadway maintenance around this project, the property owner, or its successors, shall immediately become a member of said District. The exact location of irrigation lines and electrical sleeving shall be determined at time of construction plan approval. (2) Prior to the issuance of Certificate of Occupancy, all exotic vegetation shall be 11 • City Council Meeting Date: November 16, 2000 Date Prepared: November 6, 2000 Petition PUD -00 -01 removed from the site. (3) Prior to site plan approval, the applicant must submit a letter from Northern Palm Beach County Improvement District (NPBCID) that verifies the release of all ties /holdings that NPBCID has or plans to have in the future with the lakes on the Benjamin School site. Therefore, all lakes will be required to remain privately owned and maintained. (4) No building permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Unit 2 has received final approval from the City of Palm Beach Gardens and all other applicable governments and agencies, including a schedule for implementing the plan and a definitive commitment for funding from the required improvements. (5) The build -out date of this project is December 31, 2004 as referenced in their March 10, 1999 traffic impact analysis. For the purposes of this condition, the project shall be considered built -out if the student enrollment has reached the level as indicated in the traffic impact analysis, or 50% of square footage approved by this ordinance is completed. Enrollment shall be verified by City Staff prior to the build -out date. (Planning and Zoning) (6) Prior to the issuance of the permit for site drainage, the City shall review and approve construction details for littoral zones, including their location, slopes and vegetation. As a requirement, at least 50% of the shoreline shall be planted with wetland trees and /or aquatic plants at ten square feet of littoral zone for every one linear feet of shoreline. There shall be a minimum of one tree for every 80 square feet and plants shall be on three -foot centers, minimum. A sum total of area(s) constituting no less than 15% nor more than 25% of the total shoreline distance shall be constructed as littoral shelf at the ratio of 10 square feet of shelf per running foot of shoreline. (7) Prior to issuance of certificate of occupancy, the applicant shall submit documents to the City for review by the City's legal counsel and the City Forester. The open space /landscape maintenance and environmental preserve management plan will also have to be found sufficient by the City Forester prior to final approval of construction drawings or commencement of land alteration. The City shall review documents for landscaping maintenance and management language that meets or exceeds the City's guidelines included in the City's Landscape Handbook and City Codes. . 12 • City Council Meeting Date: November 16, 2000 Date Prepared: November 6, 2000 Petition PUD -00 -01 Staff is recommending denial of the following waiver request: • Section 256, entitled "sidewalks" which requires both sides of roadways to have a minimum five foot wide sidewalk. The applicant is requesting to build a sidewalk only on the north side of the east -west road. • Section 282, entitled Lake Maintenance Tracts, for the northern lake which is to be owned and maintained by the Northern PBC Improvement District. Due to the fact that this petition was pre - advertised fora November 16 public hearing, staff is recommending that the public hearing be continued to a date certain. 13 1 • • • Ordinance 30, 2000 Date Prepared: October 30, 2000 ORDINANCE 30, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF THE BENJAMIN PRIVATE SCHOOL, INC., FOR REZONING OF 50 ACRES OF LAND, LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF CENTRAL BOULEVARD AND AN UNNAMED FUTURE EAST -WEST ROAD AS MORE PARTICULARLY DESCRIBED HEREIN, FROM PLANNED DEVELOPMENT AREA (PDA) TO PUBLIC /INSTITUTIONAL (P /1) WITH A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY, IN ORDER TO CONSTRUCT A 187,671 SQUARE FOOT PRIVATE HIGH SCHOOL CAMPUS; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from The Benjamin Private School, Inc., for approval of rezoning of 50 acres of land located at the northwest corner of the intersection of Central Boulevard and unnamed future east -west road from Planned Development Area (PDA) to Public /Institutional (P /1) with a Planned Unit Development (PUD) overlay as more particularly described in Exhibit "A" attached hereto; WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the planned unit development (PUD) known as "The Benjamin Private Upper School "; and WHEREAS, the City's Planning and Zoning Commission has reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions. i Ordinance 30, 2000 Date Prepared: October 30, 2000 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby rezones 50 acres of land owned by The Benjamin School, Inc., located at the northwest comer of the intersection of Central Boulevard and unnamed future road, as more particularly described in Exhibit °A" attached hereto and incorporated herein by this reference, from Planned Development Area (PDA) to Public /Institutional (P /1) with a Planned Unit Development (PUD) overlay, in order to allow the construction of a 187,671 square foot private high school campus. The PUD will be known as "The Benjamin Private Upper School." SECTION 2. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors or assigns: (1) Prior to issuance of the Certificate of Occupancy, the applicant, successors or assigns shall install and maintain in perpetuity, the Parkway System, including landscaping, irrigation, lighting and related amenities to City specifications per the citywide streetscaping beautification program, in the road shoulders and median within the right -of -way, along Central Boulevard and the future East -West Roadway. The developer of the undeveloped residential property along the east side of Central Boulevard, directly across from the subject site, shall, at the time of development order, begin to contribute '/Y of the maintenance costs of landscaping .installed by subject petitioner, adjacent to their property. In the event a Special Parkway District is formed by the City of Palm Beach Gardens, or another entity, pertaining to the roadway maintenance around this project, the property owner, or its successors, shall immediately become a member of said District. The exact location of irrigation lines and electrical sleeving shall be determined at time of construction plan approval. (Planning and Zoning) (2) Prior to the issuance of Certificate of Occupancy, all exotic vegetation shall be removed from the site. (Planning and Zoning) (3) Prior to site plan approval, the applicant must submit a letter from Northern Palm Beach County Improvement District (NPBCID) that verifies the release of all ties /holdings that NPBCID has or plans to 0 2 • �--I • Ordinance 30, 2000 Date Prepared: October 30, 2000 have in the future with the lakes on the Benjamin School site. Therefore, all lakes will be required to remain privately owned and maintained. (Planning and Zoning) (4) No building permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Unit 2 has received final approval from the City of Palm Beach Gardens and all other applicable governments and agencies, including a schedule for implementing the plan and a definitive commitment for funding from the required improvements. (Planning and Zoning) (5) The build -out date of this project is December 31, 2004 as referenced in their March 10, 1999 traffic impact analysis. For the purposes of this condition, the project shall be considered built -out if the student enrollment has reached the level as indicated in the traffic impact analysis, or 50% of square footage approved by this ordinance is completed. Enrollment shall be verified by City Staff prior to the build -out date. (Planning and Zoning) (6) Prior to the issuance of the permit for site drainage, the City shall review and approve construction details for littoral zones, including their location, slopes and vegetation. As a requirement, at least 50% of the shoreline shall be planted with wetland trees and /or aquatic plants at ten square feet of littoral zone for every one linear feet of shoreline. There shall be a minimum of one tree for every 80 square feet and plants shall be on three -foot centers, minimum. A sum total of area(s) constituting no less than 15% nor more than 25% of the total shoreline distance shall be constructed as littoral shelf at the ratio of 10 square feet of shelf per running foot of shoreline. (Planning and Zoning, Engineering) (7) Prior to issuance of certificate of occupancy, the applicant shall submit documents to the City for review by the City's legal counsel and the City Forester. The open space /landscape maintenance and environmental preserve management plan will also have to be found sufficient by the City Forester prior to final approval of construction drawings or commencement of land alteration. The City shall review documents for landscaping maintenance and management language that meets or exceeds the City's guidelines included in the City's Landscape Handbook and City Codes. 3 199 • r� SECTION 3 approval: Ordinance 30, 2000 Date Prepared: October 30, 2000 The following waivers are hereby granted with this • Section 76, to allow for a 53 foot high structure to exceed code requirement by 8 feet. • Section 180 (3), Number of Parking Spaces in excess of 10% required parking. • Section 282, Lake Maintenance Tract, to allow for vertical structures Within the 25 foot Lake Maintenance Easement. SECTION 4. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. October 3, 2000 Master Site Plan, Urban Design Studio, Sheets SP -1 through SP -3. 2. September 7, 2000 Engineering and Landscape Plan, Urban Design Studio, 1 Sheet. 3. October 3, 2000 Landscape Plans, Urban Design Studio, Sheets 1 through 6. 4. September 8, 2000 Plant List and Detail Sheet, Urban Design Studio, 1 Sheet. 5. September 7, 2000 PUD Parkway Plan, Urban Design Studio, 12 Sheets. 6. April 5, 2000 Architectural Elevations and Plans, Schwab, Twitty and Hanser, Sheets A -1.1.1 through A -3.1.3 and A- 3.1.5. 7. August 9, 2000 Architectural Elevations, Schwab, Twitty and Hanser, Sheet A- 3.1.4. 8. July 6, 2000 Sports Complex Lighting Design, Hubbell Lighting, 1 Sheet 9. October 2, 2000 Photometric Plan, AGI , 1 Sheet 10. October 6, 2000 Conceptual Drainage Plan, Scheaffer and Fagan, 2 Sheets. 11. April 13, 2000 Boundary and Topographic Survey, Benchmark Surveying, 2 Sheets. 12. March 10, 1999 Traffic Impact Analysis, Kimley — Horn Associates, 17 pages 13. March, 1999 Environmental Assessment, E.W. Consultants, 16 pages. SECTION 5. If any section, paragraph, sentence, clause, phrase, or word of 4 Ordinance 30, 2000 Date Prepared: October 30, 2000 this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 6. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THE 2nd DAY OF NOVEMBER 2000. PLACED ON SECOND READING THIS DAY OF 200_. PASSED AND ADOPTED THIS DAY OF 200 MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST BY: CAROL GOLD INTERIM CITY CLERK APPROVED AS TO LEGAL 1& 5 I* • Ordinance 30, 2000 Date Prepared: October 30, 2000 FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE NAY MAYOR RUSSO VICE MAYOR JABLIN - COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO 11 FILE_SMACOMPROMShort Rangelpud0001or1.doc 6 ABSENT i • • 6&& CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 11 /06/00 Meeting Date: 11/16/00 Subject/Agenda Item Ordinance 31, 2000, Providing for Road Impact Fees. Recommendation /Motion: Consider a motion to adopt Ordinance 31, 2000 on second reading. Reviewed by. Originating Dept.: Costs: $ 0 Council Action: (Total) City Attorney Finance [ J Approved $ 0 [ ] Approved w/ Finance Current FY conditions [ ] Denied ACM Advertised: Funding Source: [ ] Continued to: Other Date: November 1, 2000 j ] Operating Attachments: Paper. Palm Beach Post [ ] Not Required [ ] Other Memorandum Submitted by: u Kent R. Olson 0 Steve Crame Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ X ] Not required BACKGRO , : See attached memorandum and study. Approved on first reading on October 19, 2000. • • CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and City Council DATE: November 6, 2000 APPROVED: Ronald M. Ferris, Interim City FROM: Kent R. Olson, Finance Director �,\ Steven B. Cramer, Principal PlanneZ SUBJECT: Ordinance 31, 2000 — Road Impact Fees BACKGROUND The City of Palm Beach Gardens hired Duncan Associates in June to conduct a road impact fee study to develop a City road impact fee. These road impact fees will be paid at the time of building permit issuance, and will be in addition to County road impact fees collected. Clancy Mullin of Duncan Associates has worked with us in the development of the study and Ordinance 31, 2000, which will implement a road impact fee. DISCUSSION The passage of Ordinance 31, 2000 provides the City with a local road impact fee. The road impact fees collected under this ordinance will provide the primary funding for the Bums Road construction project. The Ordinance includes the interest costs for the debt that will be issued to fund the construction of the project, thus these impact fees will cover the total cost of the Burns Road improvements. The proposed road impact fees are to become effective on the first day of the month following adoption. We met with representatives of Catafulmo to discuss the language in the Ordinance regarding "collector roads" and we are in agreement that the Ordinance as written is acceptable. We made one unrelated minor change, inserting "and/" in Section 5, Sec. 55 (b) in the first sentence. RECOMMENDATION Staff recommends adoption of Ordinance 31, 2000 on second reading, providing for a road impact fee. ~ ORDINANCE 31, 2000 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF DIVISION IV, "CITYWIDE IMPACT FEES ", OF ARTICLE III, "DEVELOPMENT REVIEW PROCESS ", OF THE CITY'S LAND DEVELOPMENT REGULATIONS, TO PROVIDE FOR COLLECTOR ROAD IMPACT FEES BY AMENDING SECTIONS 49, 50, 51, 54, 55, AND 57; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Palm Beach Gardens Comprehensive Plan provides that land development shall not be permitted unless adequate capital facilities exist or are assured; and WHEREAS, the Palm Beach Gardens Comprehensive Plan further provides that land development shall bear a proportionate share of the cost of the provision of the new or expanded capital facilities required by such development; and WHEREAS, the Florida Legislature, through the enactment of Section 163.3202, Florida Statutes, has encouraged local governments to enact impact fees as part of their land development regulations; and WHEREAS, the City Council of the City of Palm Beach Gardens has determined that, in order to maintain current standards, local road facilities must be expanded to accommodate new development; and WHEREAS, the City Council has received and relied upon the Road Impact Fee Study prepared by Duncan Associates, dated October, 2000. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby amends Article III, "Development Review Process ", Division IV, "Citywide Impact Fees ", Section 49 "Applicability", of the Palm Beach Gardens Land Development Regulations to read as follows, with underlining to indicate text to be added and strike- through to indicate text to be deleted: (b) Intent and purpose. This division shall implement the city's comprehensive plan. The purpose of this division is to ensure that new development bears a proportionate share of the cost of capital expenditures necessary to provide collector roads, parks and recreation, publie sa€ety; police, and fire /emergency medical service protection services in the city as established by the comprehensive plan. Ordinance 31, 2000 Page 1 • (c) Rules of construction. The provisions of this division shall be literally construed so as to effectively carry out its purpose in the interest of public health, safety and welfare. For purposes of administration and enforcement of this article, unless otherwise stated in this article, the rules of construction listed below shall apply to the text of this division. (8) Unless the context clearly indicates to the contrary, the terms "collector road," "public safety," "police protection," "fire protection," "emergency medical services (EMS) ", and "parks and recreation" shall have the same meanings given those terms in the city's comprehensive plan. (9) The land use types listed in section 50 for police, fire/EMS and parks and recreation fees shall have the same meaning as in article IV pertaining to zoning. The land use types listed in section 50 for collector road fees shall be as described in the latest edition of the Institute for Transportation Engineers, Trip Generation manual. (d) Imposition of fees: (1) Fees required. Any person who, after September 23, 1993, seeks to develop land by applying for the issuance of a building permit for one of the land use types specified in section 50, shall be required to pay an impact fee for the following services: collector roads, police protection, fire protection/EMS, and parks and recreation in the manner and amount set forth in this chapter. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida, hereby amends Article III, "Development Review Process ", Division IV, "Citywide Impact Fees ", Section 50, "Fees ", of the Palm Beach Gardens Land Development Regulations to add the following fee schedule for collector road impact fees: Ordinance 31, 2000 Page 2 �J PALM BEACH GARDENS COLLECTOR ROAD COST SCHEDULE Land Use Type ITE Unit of Daily Cost/ Cost/ Code Measure VMT VMT Unit Single - Family Detached 210 Dwelling 28.74 $35.73 $1,027 Multi- Family 220 Dwelling 19.92 $35.73 $712 Congregate Living 252 Dwelling 6.48 $35.73 $232 Mobile Home /RV Park 240 Pad 14.40 $35.73 $515 Hotel/Motel 310/320 Room 20.82 $35.73 $744 Retail /Commercial Retail/Shop Ctr, <50,000 sf 820 1,000 sq. ft. 45.40 $35.73 $1,622 Retail/Shop Ctr, 50,000 - 249,999 sf 820 1,000 sq. ft. 34.41 $35.73 $1,229 Retail/Shop Ctr, 250,000 - 499,999 sf 820 1,000 sq. ft. 29.15 $35.73 $1,042 Retail/Shop Ctr, 500,000+ sf 820 1,000 sq. ft. 23.97 $35.73 $856 Bank, Drive -In 911 1,000 sq. ft. 71.60 $35.73 $2,558 Convenience Store 851 1,000 sq. ft. 88.56 $35.73 $3,164 Gasoline Service Station 844 Fuel Position 11.39 $35.73 $407 Movie Theater 443 1,000 sq. ft. 74.16 $35.73 $2,650 Restaurant, Sit -Down 831 1,000 sq. ft. 34.18 $35.73 $1,221 Restaurant, Fast Food 834 1,000 sq. ft. 66.98 $35.73 $2,393 New Car Sales 841 1,000 sq. ft. 35.63 $35.73 $1,273 Office /Institutional General Office Bldg., <100,000 sf 710 1,000 sq. ft. 12.62 $35.73 $451 General Office Bldg., 100,000+ sf 710 1,000 sq. ft. 10.74 $35.73 $384 Medical Office 720 1,000 sq. ft. 34.33 $35.73 $1,227 Hospital 610 1,000 sq. ft. 15.94 $35.73 $570 Nursing Home 620 1,000 sq. ft. 4.47 $35.73 $160 Church/Synagogue 560 1,000 sq. ft. 9.12 $35.73 $326 Day Care Center 565 1,000 sq. ft. 19.02 $35.73 $680 Industrial/Warehouse Industrial Park 130 1,000 sq. ft. 6.61 $35.73 $236 Warehousing 150 1,000 sq. ft. 4.71 $35.73 $168 Mini - Warehouse 151 1,000 sq. ft. 0.02 $35.73 $1 Recreational Golf Course 430 Hole 35.74 $35.73 $1,277 Racquet/Health Club 492 1,000 sq. ft. 17.14 $35.73 $612 Ordinance 31, 2000 Page 3 n i 0 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida, hereby amends Article III, "Development Review Process ", Division IV, "Citywide Impact Fees ", Section 51, "Independent Calculations ", to add a new subsection (4) to subsection (b) to read as follows: (b) Independent calculation formulas. Any independent calculation shall use the formulas listed below: (4) Collector roads. a. Fee = VMT x CosVVMT b. VMT = !/2x ADT x %NEW x LENGTH C. ADT = average daily trip ends on a weekday d. %NEW = proportion of trips that are primary trips e. LENGTH = average length of a trip in miles f. CosVVMT = planned improvement costs divided by projected increase in daily VMT over next 20 years SECTION 4. The City Council of the City of Palm Beach Gardens, Florida, hereby amends Article III, "Development Review Process ", Division IV, Citywide Impact Fees ", Section 54, "Trust Funds ", of the Palm Beach Gardens Land Development Regulations to read as follows, with underlining to indicate text to be added and strike - through to indicate text to be deleted: Sec. 54. Trust funds. (a) Trust funds established. There are established four three impact fee trust funds, one for collector roads, one for police protection, one for fire protection and EMS, and one for parks and recreation facilities. (1) Police protection trust fund. The police protection impact fees shall be deposited in the police protection impact fee trust fund. (2) Fire and EMS trust fund. The fire protection and EMS impact fees shall be deposited in the fire protection impact fee trust fund. (3) Parks and recreation facilities trust fund. The parks and recreation facilities impact fees shall be deposited in the parks and recreation facilities impact fee trust fund. (4) Collector road trust fund. The collector road impact fees shall be deposited in the collector road impact fee trust fund. Ordinance 31, 2000 Page 4 • • • (b) Investment, use, and budgeting. (1) Investment. The trust funds shall be invested by the city in interest - bearing sources, and all income derived shall accrue to the applicable trust fund. (2) Use. The funds shall be used only for capital improvement costs for which the impact fee was levied and which would add capacity needed to serve new development. (3) Budgeting. The city manager shall identify in the city's annual budget those new capital improvements for which the collector road, police protection, fire protection, and parks and recreation facilities impact fees will be spent. The funds shall remain restricted to their respective trust funds and the requirements of this division, and the city manager shall ensure that the funds are expended and accounted for in accordance with this division. (4) Audit. The city manager shall maintain such records and documentation necessary to allow the effective audit of the use of the collector road, police protection, fire protection/EMS, and parks and recreation facilities impact fees. SECTION 5. The City Council of the City of Palm Beach Gardens, Florida, hereby amends Article III, "Development Review Process ", Division IV, "Citywide Impact Fees ", Section 55, "Collection and administrative fees ", of the Palm Beach Gardens Land Development Regulations to read as follows, with underlining to indicate text to be added and strike - through to indicate text to be deleted: Sec. 55. Collection and administrative fees. (a) Time of payment. The feepayer shall pay the collector road, police protection, fire protection/EMS, and parks and recreation facilities impact fees to the city prior to the issuance of a building permit which may be required for development listed in the schedules in section 50. A building permit shall not be issued for any development, unless exempt from such fees as provided herein, until such fees have been paid or until the city has accepted title to land area meeting the standards set out in this section. For land uses not requiring a building permit, the authorization to develop shall not be granted until the impact fees have been paid. (b) Alternative payment. In lieu of all or part of the impact fees, the city council may accept an offer by a feepayer to dedicate land and/or construct all or part of a collector road, police protection, fire protection/EMS, or parks and recreation facilities project. Such construction must be in accordance with state, county, or city design standards, Ordinance 31, 2000 Page 5 0 whichever is applicable. (1) Project construction. The feepayer shall submit a project description in sufficient detail to allow the city to prepare an engineering and construction cost estimate. (2) Land value. The manner of establishing fair market value of land to be dedicated shall be determined by the city council. Costs to determine the land value, such as an appraisal, shall be paid by the feepayer. (c) Acceptance. If the city council accepts alternative payment, the city manager shall credit the cost of this construction against the collector road, police protection, fire protection/EMS, or parks and recreation facilities impact fees otherwise due. The portion of the fee represented by facilities construction shall be deemed paid as follows: (1) when the construction is completed and accepted by the city; or (2) when the feepayer posts security, as provided herein, for the costs of such construction; or (3) when the city has accepted title to land dedicated by the feepayer as full or partial credit for a required impact fee payment. Land dedicated to the city shall be conveyed free of any liens, and the costs of conveyance shall be paid by the feepayer. Title insurance in favor of the city or an attorney's opinion of title shall be provided in a manner acceptable to the city attorney. SECTION 6. The City Council of the City of Palm Beach Gardens, Florida, hereby amends Article III, "Development Review Process ", Division IV, "Citywide Impact Fees ", Section 57, "Exemptions and credits ", of the Palm Beach Gardens Land Development Regulations to read as follows, with underlining to indicate text to be added and strike - through to indicate text to be deleted: Sec. 57. Exemptions and credits. (a) Exemptions. Exemptions from payment of impact fees are established below. (1) No additional demand. Alteration or expansion of an existing building or use of land where no additional living units are created, where the use is not changed, and where no additional demand for collector road, police or fire protection services will be produced over and above that produced by the existing use. (b) Credit. Ordinance 31, 2000 Page 6 C] (1) Improvements. a. All improvements to and/or land dedications for police protection, fire protection and EMS, or parks and recreation facilities, and all collector road improvements identified in the City's Thoroughfare Plan or City Center Linkages Plan, required under city development approval shall be credited against impact fees up to the total of the impact fees due. A feepayer proposing credit for land dedication shall present property appraisals prepared by qualified professionals and a certified copy of the most recent assessment of the property for tax purposes to be used in determining the amount of the credit. However, the city retains the right to determine the amount to be credited by preparing engineering and construction cost estimates and/or property appraisals for those improvements and/or land dedications. b. Feepayers claiming credits for construction and/or land dedication shall submit documentation sufficient to permit the growth management director to determine whether such credits are due and, if so, the amount of such credits. (2) Alteration, expansion or replacement. Where alteration, expansion or replacement of a building or unit, or a change in land use existing on September 23, 1993, or presently existing which involves an increase in the number of units or square footage or a change in use resulting in new impacts on collector road, police, fire and EMS, or parks and recreation capital facilities for which the impact fee is assessed, credit shall be allowed as provided herein. Credit shall be given for the number of existing units or square feet based upon the existing or previous land use, and impact fees shall only be assessed on the increased level of impact resulting from such alteration, expansion, or replacement. SECTION 7. The City Clerk is hereby directed to ensure that the contents of this Ordinance be codified as part of the City's Land Development Regulations as set forth in the Code of Ordinances. SECTION 8. Should any section or provision of this ordinance, or any portion, paragraph, sentence, or work thereof be declared by any court of competent jurisdiction to be invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only that part declared to be invalid. SECTION 9. All Ordinances or parts thereof in conflict herewith are hereby repealed. Ordinance 31, 2000 Page 7 SECTION 10. This ordinance shall become effective on the first day of the month following adoption. Ordinance 31, 2000 Page 8 PLACED ON FIRST READING THIS /i ZA DAY OF 00-V. , 2000. PLACED ON SECOND READING THIS DAY OF )2000. PASSED AND ADOPTED THIS DAY OF , 2000. JOSEPH R. RUSSO, MAYOR ERIC JABLIN, VICE MAYOR ATTEST: CAROL GOLD, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER FURTADO COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO Ordinance 31, 2000 Page 9 LAUREN FURTADO,COUNCILMEMBER DAVID CLARK, COUNCILMEMBER CARL SABATELLO,COUNCILMEMBER APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY ATTORNEY AYE NAY ABSENT • ROAD IMPACT FEE STUDY prepared for PALM BEACH GARDENS, FLORIDA prepared by I auncan associates October 2000 • Contents Introduction..................................... ............................... 1 ServiceUnit ..................................... ............................... 1 Major Roadway System ........................... ............................... 1 Methodology.................................... ............................... 3 TravelDemand .................................. ............................... 3 TripGeneration ........................... ............................... 3 NewTrips Factor .......................... ............................... 4 AverageTrip Length ....................... ............................... 4 Cost per Service Unit ............................. ............................... 6 Net Cost per Service Unit ......................... ............................... 9 Net Cost Schedule ............................... ............................... 10 List of Tables Table 1: POPULATION GROWTH, 1990 -2015 .. ............................... 1 Table 2: EXISTING LEVEL OF SERVICE ON CITY COLLECTORS ............ 2 Table 3: TRAVEL DEMAND SCHEDULE ..... ............................... 5 Table 4: NEW ROAD SERVICE UNITS, 2000 -2020 ............................ 6 Table 5: BURNS ROAD CAPITAL FUNDING SHOR'T'FALL ................... 6 Table 6: BURNS ROAD DEBT SERVICE SCHF -RULE ......................... 7 Table 7: PLANNED NEW ROAD COSTS ...... ............................... 8 Table 8: ROAD COST PER SERVICE UNIT .... ............................... 8 Table 9: CITY ROAD FUNDING, 1995 -1999 ... ............................... 9 Table 10: DEFICIENCY COST ................ ............................... 10 Table 11: ROAD NET COST SCHEDULE ...... ............................... 11 Palm Beach Gardens\ROAD /MPACTFEE STUDY October 9, 2000 DRAFT, Page i ■ 0 Introduction • The purpose of this study is to develop a road impact fee to help the City of Palm Beach Gardens to fund improvements to the City's major road system. The City does not currently charge a road impact fee, although new development in the city does pay a road impact fee to Palm Beach County for its impact on the County's major road system. Palm Beach Gardens is a growing municipality located in northern Palm Beach County in southeastern Florida. Between 1970 and 1996, the city's population and land area both increased more than five -fold. Today, the City covers over 34,000 acres, the majority of which is undeveloped. The city has historically grown faster than Palm Beach County as a whole, and this trend is expected to continue. In the last ten years, the city's share of county population increased from 2.7 to 3.8 percent, and is expected to be 5.2 percent fifteen years from now. The City's population growth is projected to stabilize at about 2,100 new residents annually, as shown in Table 1. Table 1 POPULATION GROWTH, 1990 -2015 Service Unit A service unit is a common unit of expression of the demand for public facilities generated by new development. An appropriate service unit basis for road impact fees is vehicle -miles of travel (VMT). Vehicle -miles is a combination of the number of vehicles traveling during a given time period and the distance (in miles) that these vehicles travel. The two time periods most often used in traffic analysis are the 24 -hour day (average daily trips or ADT) and the single hour of the day with the highest traffic volume (peak hour trips or PHT). Palm Beach County's current road impact fee system is based on ADT, and available data on Bums Road and other collector roads is also in terms of average daily traffic. Consequently, average daily VMT will be used as the service unit for the road impact analysis. Major Roadway System A road impact fee system should include a clear definition of the major roadway system that is to be funded with the impact fees. This definition clarifies the roads that may be improved with impact fee funds, as well as the roads that can be improved by developers in return for credit against the road impact fees. Palm Beach Gardens\ROAD /MPACTFEE STUDY October 9, 2000 DRAFT, Pagel 1990 1995 2000 2005 2010 2015 City Population 22,965 31,011 40,369 50,944 61,519 72,094 Annual Population Growth — 1,609 1,872 2,115 2,115 2,115 Annual Growth Rate — 6.2% 5.4% 4.8% 3.8% 3.2% Source: City of Palm Beach Gardens, Comprehensive Plan Support Documents, Future Land Use Support Document, June 1999, page 1 -2. Service Unit A service unit is a common unit of expression of the demand for public facilities generated by new development. An appropriate service unit basis for road impact fees is vehicle -miles of travel (VMT). Vehicle -miles is a combination of the number of vehicles traveling during a given time period and the distance (in miles) that these vehicles travel. The two time periods most often used in traffic analysis are the 24 -hour day (average daily trips or ADT) and the single hour of the day with the highest traffic volume (peak hour trips or PHT). Palm Beach County's current road impact fee system is based on ADT, and available data on Bums Road and other collector roads is also in terms of average daily traffic. Consequently, average daily VMT will be used as the service unit for the road impact analysis. Major Roadway System A road impact fee system should include a clear definition of the major roadway system that is to be funded with the impact fees. This definition clarifies the roads that may be improved with impact fee funds, as well as the roads that can be improved by developers in return for credit against the road impact fees. Palm Beach Gardens\ROAD /MPACTFEE STUDY October 9, 2000 DRAFT, Pagel • • • The major road system for the purpose of the City's proposed road impact fees are City- maintained collector streets, as well as new roadway "linkages" identified in the City's Linkages Plan. All arterial roadways within the city limits are the responsibility of the state or county. The City has two classes of collector roads. Burns Road is the only "City Collector." "Neighborhood Collectors" consist of MacArthur Boulevard and Holly Drive. The location of the City's existing collector roads is illustrated in Figure 1. A summary of the City's major road system is presented in Table 2 below. Table 2 EXISTING LEVEL OF SERVICE ON CITY COLLECTORS Road Segment Miles Lanes Capacity Volume Burns Rd Military to 1 -95 0.5 2 14,900 15,736 Burns Rd 1 -95 to Alt AtA 0.4 4-D 32,500 15,803 Burns Rd Alt A1A to Gardens East 0.2 4-D 32,500 17,301 Burns Rd Gardens E to Prosperity Farms 1.0 2 14,900 8,509 MacArthur Blvd Northlake to Lighthouse 0.7 2 14,900 6,475 Holly Drive Military to 1 -95 0.5 2 14,900 6,877 Holly Drive 1 -95 to Alt A1A 0.7 2 14,900 6,877 Source: Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., Short Range Transportation Capacity Study, prepared for City of Palm Beach Gardens, May 4, 2000. Table 3; segment lengths from City Lien List and scaled from maps; capacities are average daily at LOS D; volumes are 1998 average daily trips with the exception of 1999 counts for Burns Road from 1 -95 to Gardens East from Planning fi Zoning Division memorandum of June 16, 2000; VMT is daily vehicle -miles of travel, which is the product of segment miles and volumes. Figure 1 CITY- MAINTAINED COLLECTOR ROADS Nt � 9 � Iwn f�JG.lyw�n.dr ,1: vna pas cctOnOTne•e 71�'SMi] e tww ttewa �y� ea�.i•rqu.� Palm Beach Gardens\ROAD /MPACTFEE STUDY October 9, 2000 DRAFT, Page 2 0 Methodology For the City's road impact fee, we propose to use an "improvements- driven" approach. Essentially, an improvements - driven impact fee calculation divides the cost of growth- related road improvements determined to be needed over a planning horizon by the amount of new development anticipated to occur over the same time period. The planning horizon to be used in this study is 20 years, which generally corresponds to the useful life of roadway improvements, as well as to the typical payback period of the municipal bonds that will be used to fund most of the improvement cost. The major alternative to the improvements- driven approach to road impact fees is known as the "demand- driven" approach. This is the approach on which Palm Beach County's road impact fees, for example, are based. The demand -driven model simply charges a new development the cost of replacing the capacity that it consumes on the major road system. That is, for every vehicle -mile of travel (VMT) generated by the development, the road impact fee charges the net cost to construct an additional vehicle -mile of capacity (VMC). Since travel is never evenly distributed throughout a roadway system, actual roadway systems require more than one unit of capacity for every unit of demand in order for the system to function at an acceptable level of service. Clearly, roadway systems in the real world need more total aggregate capacity than the total aggregate demand, because the traffic does not always precisely match the available capacity. Consequently, the standard demand -driven model significantly underestimates the full cost of accommodating new development at the existing level of service. Improvements to the City's major road system anticipated over the foreseeable future, based on the adopted Thoroughfare Plan and the soon- to -be- adopted City CenterLinkager Plan, include a number of new two -lane and four -lane road segments and the widening of two 2 -lane sections of Burn Road to 4 -lane divided sections. One of the two segments of Burns Road is currently operating at worse than the City's desired level of service, and consequently a portion of the cost of the improvement will be attributed to existing development. For the most part, however, the improvements will provide additional capacity to serve new development, and the cost will be attributed to future development, based on each development's projected traffic demand. Travel Demand The travel demand generated by specific land use types is a product of three factors: 1) trip generation, 2) percent new trips and 3) trip length. The first two factors are well documented in the professional literature, and the average trip generation characteristics identified in studies of communities around the nation should be reasonably representative of trip generation characteristics in Palm Beach Gardens. In contrast, trip lengths are much more likely to vary between communities, depending on the geographic size and shape of the community and its major roadway system. Trip Generation Trip generation rates were based on information published in the most recent edition of the Institute of Transportation Engineers' (ITE) Trip Generation manual. Trip generation rates represent trip ends, or driveway crossings at the site of a land use. Thus, a single one -way trip from home to work counts as one trip end for the residence and one trip end for the work place, for a total of two trips. To avoid over - counting, all trip rates have been divided by two. This places the burden of travel Palm Beach Gardens\RoAD IMPACTFEESTUDY I October 9, 2000 DRAFT, Page 3 • • equally between the origin and destination of the trip and eliminates double - charging for any particular trip. New Trips Factor Trip rates also need to be adjusted by a "new trip factor" to exclude pass -by and diverted -link trips. This adjustment is intended to reduce the possibility of over - counting by only including primary trips generated by the development. Pass -by trips are those trips that are already on a particular route for a different purpose and simply stop at a particular development on that route. For example, a stop at a convenience store on the way home from the office is a pass -by trip for the convenience store. A pass -by trip does not create an additional burden on the street system and therefore should not be counted in the assessment of impact fees. A diverted -link trip is similar to a pass -by trip, but a diversion is made from the regular route to make an interim stop. The reduction for pass -by and diverted -link trips was drawn from the ITE manual and other published information. Average Trip Length The average trip length is the most difficult travel demand factor to determine. In the context of a demand - driven methodology such as the one used by the County, the road impact fee is directly proportional to the average trip length. In the improvements -driven methodology used here, however, it is used to allocate more of the cost of the improvements to land uses that have relatively longer trip lengths. For example, if a convenience store trip is only one -half as long as a regional shopping center trip, convenience store trips will only be weighted half as much as shopping center trips in allocating the improvement cost among total future travel demand. This study will rely on the average trip lengths used by Palm Beach County in their road impact fee system. Average daily travel demand must be estimated for a broad variety of land uses in order to develop the fee schedule. The result of combining trip generation rates, new trip factors and average trip lengths is a travel demand schedule that establishes the vehicle -miles of travel (VM'I) during the average weekday generated by various land use types per unit of development. The recommended travel demand schedule is presented in Table 3. Palm Beach Gardens\ROAD /MPACTFEESTUDY October 9, 2000 DRAFT, Page 4 • • Table 3 TRAVEL DEMAND SCHEDULE Palm Beach Gardens\ROAD IMPACTFEE STUDY October 9, 2000 DRAFT, Page 5 ITE Unit of Trip 1 -Way New Length Daily Land Use Type Code Measure Ends Trips Trips (miles) VMT Single - Family Detached 210 Dwelling 9.57 4.79 1.00 6.0 28.74 Multi - Family 220 Dwelling 6.63 3.32 1.00 6.0 19.92 Congregate Living 252 Dwelling 2.15 1.08 1.00 6.0 6.48 Mobile Home /RV Park 240 Pad 4.81 2.4 1.00 6.0 14.40 HoteUMotel 310/320 Room 6.93 3.47 1.00 6.0 20.82 Retail /Commercial RetaiUShop Ctr, <50,000 sf 820 1,000 sq. ft. 87.3 43.65 0.52 2.0 45.40 RetaiUShop Ctr, 50,000- 249,999 sf 820 1,000 sq. ft. 49.15 24.58 0.70 2.0 34.41 Retail /Shop Ctr, 250,000 - 499,999 sf 820 1,000 sq. ft. 38.37 19.18 0,76 2.0 29.15 RetaiUShop Ctr, 500,000+ sf 820 1,000 sq. ft. 29.96 14.98 0.80 2.0 23.97 Bank, Drive -In 911 1,000 sq. ft. 265.21 132.6 0.27 2.0 71.60 Convenience Store 851 1,000 sq. ft. 737.99 369 0.24 1.0 88.56 Gasoline Service Station 844 Fuel Position 162.78 81.39 0.14 1.0 11.39 Movie Theater 443 1,000 sq. ft. 78.06 39.03 0.95 2.0 74.16 Restaurant, Sit -Down 831 1,000 sq. ft. 89.95 44.98 0.38 2.0 34.18 Restaurant, Fast Food 834 1,000 sq. ft. 496.12 248.06 0.27 1.0 66.98 New Car Sales 841 1,000 sq. ft. 37.5 18.75 0.95 2,0 35.63 Office /Institutional General Office Bldg., <100,000 sf 710 1,000 sq. ft. 13.27 6.64 0.95 2.0 12.62 General Office Bldg., 100,000+ sf 710 1,000 sq. ft. 11.30 5.65 0.95 2.0 10.74 Medical Office 720 1,000 sq. ft. 36.13 18.07 0.95 2.0 34.33 Hospital 610 1,000 sq. ft. 16.78 8.39 0.95 2.0 15.94 Nursing Home 620 1,000 sq. ft. 4.70 2.35 0.95 2.0 4.47 Church/Synagogue 560 1,000 sq. ft. 9.11 4.56 1.00 2.0 9.12 Day Care Center 565 1,000 sq. ft. 79.26 39.63 0.24 2.0 19.02 Elementary/Secondary School 520/522/530 Student 1.42 0.71 0.24 2.0 0.34 Industrial/Warehouse Industrial Park 130 1,000 sq. ft. 6.96 3.48 0.95 2.0 6.61 Warehousing 150 1,000 sq. ft. 4.96 2.48 0.95 2.0 4.71 Mini - Warehouse 151 1,000 sq. ft. 2.5 1.25 0.01 2.0 0.02 Recreational Golf Course 430 Hole 35.74 17.87 1.00 2.0 35.74 Racquet/Health Club 492 1,000 sq. ft. 17.14 8.57 1.00 2.0 17.14 Source: 'Trip Ends" is average daily trips (ADT) during weekday from Institute of Transportation Engineers (ITE), Trip Generation, 6th ed., 1997; "l -Way Trips" ='/z Trip Ends; "ITE Code" is land use code from ITE manual used for land use category (where more than one code shown, rates were averaged); shopping center and general office rates based on upper end of range, highest categories based on 1 million square foot shopping center and 200,000 square foot office building; nursing home ADT derived from peak hour trip (PHT) rate and ADT and PHT rates per bed; new trip factors for most uses from ITE, Trip Generation Handbook, October 1998; percentage for day care center from paper by Hitchens, 1990 ITE Compendium; new trip factors for other land uses and trip lengths from James C. Nicholas, Technical Memorandum on the Methods Used to Calculate and Update Impact Fees prepared for Palm Beach County, August 15, 1997. Palm Beach Gardens\ROAD IMPACTFEE STUDY October 9, 2000 DRAFT, Page 5 • • • Cost per Service. Unit In an improvements - driven impact fee system, an important input is the anticipated development that will share in the cost of the capacity- expanding improvements. Anticipated demand over the next 20 years will be based on an extrapolation of 6 -year land use projections recently prepared by the City's transportation consultants for the Short Range Transportation Capacity Study. Those projections were based on traffic impact studies submitted to the City. The extrapolated projections, shown in Table 4, coincide very closely with the population growth projections presented earlier. Table 4 NEW ROAD SERVICE UNITS, 2000 -2020 The needed improvements to widen Burns Road to four lanes for its entire length are estimated to cost $11.1 million. Since the City will need to build up funding in the road impact fee account to make payments, the City will need to borrow the interest for the first few payments. This is called "capitalized interest," and will amount to a little over $1.1 million. The City expects to get some funding for the improvements from Palm Beach County, in the neighborhood of $1 million, and also has some funding earmarked for the Burns Road improvement. Deducting these available funds leaves a capital funding shortfall of $10.49 million, as shown in Table 5. Table 5 BURNS ROAD CAPITAL FUNDING SHORTFALL Burns Road Improvement Cost $11,100,000 Capitalized Interest $1,169,000 Burns Road Capital Funding Need $12,269,000, Potential County Funding $1,000,000 Available City Funds $784,000 Burns Road Capital Funding Shortfall $10,485,000 Source: Burns Road improvement cost estimate from DiVosta and Company, August 30, 2000; potential funding estimates and capitalized interest costs from City of Palm Beach Gardens Finance Department. Palm Beach Gardens\ROAD /MPACTFEESTUDy October 9, 2000 DAFT, Page 6 Unit of New Units VMT/ Land Use Measure 6 -year Annual 20 -Year Unit VMT Single - Family Detached Dwelling 3,040 507 10,140 28.74 291,424 Multi - Family Dwelling 3,712 619 12,380 19.92 246,610 Hotel/Motel Room 120 20 400 19.80 7,920 Retail/Commercial 1,000 sq. ft. 1,044 174 3,480 33.24 115,675 Office /Institutional 1,000 sq. ft. 773 129 2,580 11.68 30,134 Industrial/Warehouse 1,000 sq. ft. 665 111 2,220 5.67 12,587 School Students 490 82 1,640 0.34 558 Church 1,000 sq. ft. 180 30 600 9.12 5,472 Golf Course Holes 36 6 120 35.74 4,289 Total Daily Vehicle -Miles from New Development, 2000 -2020 714,669 Source: 6 -year growth projections from Glatting Jackson, Short Range Transportation Capacity Study, May 2000; VMT per unit from Table 3. The needed improvements to widen Burns Road to four lanes for its entire length are estimated to cost $11.1 million. Since the City will need to build up funding in the road impact fee account to make payments, the City will need to borrow the interest for the first few payments. This is called "capitalized interest," and will amount to a little over $1.1 million. The City expects to get some funding for the improvements from Palm Beach County, in the neighborhood of $1 million, and also has some funding earmarked for the Burns Road improvement. Deducting these available funds leaves a capital funding shortfall of $10.49 million, as shown in Table 5. Table 5 BURNS ROAD CAPITAL FUNDING SHORTFALL Burns Road Improvement Cost $11,100,000 Capitalized Interest $1,169,000 Burns Road Capital Funding Need $12,269,000, Potential County Funding $1,000,000 Available City Funds $784,000 Burns Road Capital Funding Shortfall $10,485,000 Source: Burns Road improvement cost estimate from DiVosta and Company, August 30, 2000; potential funding estimates and capitalized interest costs from City of Palm Beach Gardens Finance Department. Palm Beach Gardens\ROAD /MPACTFEESTUDy October 9, 2000 DAFT, Page 6 • The City will need to finance the Burns Road improvements with bonds. Total debt service payments over the 20 -year life of the bonds will come to $17.6 million, as shown in Table 6. Table 6 BURNS ROAD DEBT SERVICE SCHEDULE Year Principal Interest Total 2001 $0 $0 $0 2002 $285,000 $0 $285,000 2003 $300,000 $612,300 $912,300 2004 $320,000 $594,300 $914,300 2005 $340,000 $575,100 $915,100 2006 $360,000 $554,700 $914,700 2007 $380,000 $533,100 $913,100 2008 $405,000 $510,300 $915,300 2009 $430,000 $486,000 $916,000 2010 $455,000 $460,200 $915,200 2011 $480,000 $432,900 $912,900 2012 $510,000 $404,100 $914,100 2013 $540,000 $373,500 $913,500 2014 $575,000 $341,100 $916,100 2015 $610,000 $306,600 $916,600 2016 $645,000 $270,000 $915,000 2017 $685,000 $231,300 $916,300 2018 $725,000 $190,200 $915,200 2019 $770,000 $146,700 $916,700 2020 $815,000 $100,500 $915,500 2021 $860,000 $51,600 $911,600 Total $10,490,000 $7,174,500 $17,664,500 Source: Total principal from Table 5; debt service schedule for City of Palm Beach Gardens Finance Department. In addition to Bums Road, the City's major road system will require a number of other new road segments, as identified in the City's Thoroughfare Plan and City Center Linkages Plan. It is anticipated that these improvements will all be made over the next couple of years, and most of them will be made by developers in return for credit against their City road impact fees. As summarized in Table 7, the total cost of these other improvements is about $7.9 million. Palm Beach Gardens\ROAD IMPACTFEE STUDY October 9, 2000 DRAFT, Page 7 • • • Table 7 PLANNED NEW ROAD COSTS Developer Parcel Roadway Linear Feet Estimated Cost WCI P -316 2 -Lane 6,920 $519,000 WCI P -31A 2 -Lane 5,920 $444,000 WCI P-4 4 -Lane 2,065 $391,098 DiVosta P- 4.05 4 -Lane 2,690 $509,470 DiVosta P-4.07 4 -Lane 1,650 $312,500 Bridger Tract 4 -Lane 3,720 $704,545 City Park 2 -Lane 5,820 $436,500 Catalfumo 5A 2 -Lane 1,000 $75,000 Catalfumo 5A 4 -Lane 3,000 $570,000 Catalfumo 5B 2 -Lane 3,500 $262,500 Catalfumo 28.01 2 -Lane 2,500 $187,500 Catalfumo 28.01 4 -Lane 2,550 $484,500 Catalfumo Minsk Gardens 2 -Lane 1,200 $90,000 Catalfumo Western Road 2 -Lane 1,700 $127,500 Catalfumo 5A Bridge 4 -Lane na $1,500,000 Landry P -27.21 2 -Lane 2,399 $179,925 Kolter P -27.22 2 -Lane 5,185 $388,875 Kolter P -27.29 4 -Lane 3,026 $573,106 Community College 2 -Lane 1,570 $117,750 Total Planned New Road Costs $7,873,769 Source: Improvements from City Linkages Plan; cost estimates from DiVosta and Company. August 30, 2000 (2 -lane roads assume 12' lanes with drainage and sidewalks on both sides, 4- lane roads assume landscaped median, sidewalks on both sides and lighting). The cost per service unit of transportation demand, which was defined earlier as a daily vehicle -mile of travel (VMT), can now be calculated. The cost per VMT can be estimated by dividing the total cost of planned improvements by the anticipated growth in service units over the next twenty years. As shown in Table 8, the average cost per service unit is $35.73 per VMT. Table 8 ROAD COST PER SERVICE UNIT Burns Road Widening Debt Service $17,664,500 Planned New Road Costs $7,873,769 Total Improvement Costs $25,538,269 New VMT, 20 Years 714,669 Cost per New VMT $35.73 Source: Burns road debt service from Table 6; planned new road costs from Table 7; new VMT from Table 4. Palm Beach Gardens\ROAD/MPACTFEESTUDy October 9, 2000 DRAFT, Page 8 Net Cost P er Service Unit Road impact fees should be reduced by the amount of capital funding that will be generated by new development to be used for the types of capital improvements for which the fee is charged. The City receives approximately half a million dollars annually in local option gas tax funding for road operations and maintenance. Over the last five years, the City has also received some grant funding from the Federal Emergency Management Agency. However, the City's road budget has been completely devoted to operations, maintenance and resurfacing of existing streets. The City has not added any lane -miles to its major road inventory in the last five years. The City's road budget for the last five years is summarized below. Since gas tax funding and grant funding have historically been used solely for maintenance and rehabilitation of the existing major road network, and no change to this pattern is anticipated in the future, no revenue credits for gasoline taxes or outside funding is warranted. The City has not traditionally issued general obligation bonds to finance road improvements, and has no outstanding debt for past road improvements. The bonds that the City plans to issue to construct the improvements to Burns Road will be repaid entirely with road impact fee revenue. Consequently, no revenue credits for future property taxes used to retire outstanding road debt are warranted. A final type of credit often provided in road impact fees is for existing capacity deficiencies. New development should not have to pay through impact fees for the capacity required to serve growth, while also having to pay through property taxes or some other means for remedying existing capacity deficiencies. The only existing deficiency i the City's major roadway system is one segment of Burns Road that is currently operating at worse than LOS D. However, the number of trips by which the Military to I -95 segment of Burns Road is overcapacity is slight, amounting to less than five percent of capacity. In addition, this one -half mile segment is only one -third of the total project, which covers 1.5 miles. All told, the share of the project attributable to remedying the existing deficiency is less than $300,000 (see Table 10). Since the City is contributing more than twice this amount from other funding sources to the project, no credit is warranted against the impact fees for existing deficiencies. 0 Palm Beach Garden s\ROAD/MPACTFEESTUDY October 9, 2000 DRAFT, Page 9 Table 9 CITY ROAD FUNDING, 1995 -1999 1994/95 1995/96 1996/97 1997/98 1998/99 Local Option Gas Tax $506,740 $559,597 $515,393 $542,878 $566,198 FEMA Grant $0 $365,137 $25,954 $0 $118,226 Interest $35,142 $52,322 $26,524 $36,954 $27,490 Total Revenues $541,882 $977,056 $567,871 $579,832 $711,914 Engineering Services $0 $110,119 $10,054 $0 $1,560 Electricity $0 $125,117 $139,330 $131,570 $145,066 Road and Drainage Repairs $0 $0 $0 $0 $538,578 Road Resurfacing $559,114 $1,011,127 $495,414 $455,292 $0, Field Equipment $292,621 $0 $49,969 $0 $0 Total Expenditures $851,735 $1,246,363 $694,767 $586,862 $685,204 Source: City of Palm Beach Gardens Finance Department, June 16, 2000 memorandum. The City has not traditionally issued general obligation bonds to finance road improvements, and has no outstanding debt for past road improvements. The bonds that the City plans to issue to construct the improvements to Burns Road will be repaid entirely with road impact fee revenue. Consequently, no revenue credits for future property taxes used to retire outstanding road debt are warranted. A final type of credit often provided in road impact fees is for existing capacity deficiencies. New development should not have to pay through impact fees for the capacity required to serve growth, while also having to pay through property taxes or some other means for remedying existing capacity deficiencies. The only existing deficiency i the City's major roadway system is one segment of Burns Road that is currently operating at worse than LOS D. However, the number of trips by which the Military to I -95 segment of Burns Road is overcapacity is slight, amounting to less than five percent of capacity. In addition, this one -half mile segment is only one -third of the total project, which covers 1.5 miles. All told, the share of the project attributable to remedying the existing deficiency is less than $300,000 (see Table 10). Since the City is contributing more than twice this amount from other funding sources to the project, no credit is warranted against the impact fees for existing deficiencies. 0 Palm Beach Garden s\ROAD/MPACTFEESTUDY October 9, 2000 DRAFT, Page 9 • • • Table 10 DEFICIENCY COST Existing Daily Volume, Burn Rd, Military to 1 -95 15,736 Existing Daily Capacity at LOS D 14,900 Existing Deficiency, Daily Trips 836 Future Daily Capacity at LOS D 32,500 Existing Daily Capacity at LOS D 14,900 New Capacity Added by Improvement 17,600 Percent Deficiency of Military- to -1 -95 Segment 4.75% Military to 1 -95 as Percent of Total Project 33.30% Percent Project Deficiency 1.58% Total Burns Road Debt Service Cost $17,664,500 Deficiency Share of Total Cost $279,099 Source: Volumes and capacities from Table 2; percent deficiency of Military to 1 -95 segment is existing deficiency divided by new capacity added; Military to 1 -95 share of total project based on length of over - capacity segment (0.5 miles) to total project length (1.5 miles); Burns Road debt service cost from Table 6. In summary, no credit against the road impact fees is warranted for outstanding debt, gas tax payment or existing deficiencies. Net Cost Schedule Based on the impact fee formula and the inputs calculated in this report, the maximum road impact fees that can be charged by the City per unit of development for various land uses are shown in Table 11. Impact fees could be adopted at less than 100 percent of the level shown in the net cost schedule, provided that the reduction is applied uniformly across all land use categories in order to retain the proportionality of the fees. In the event that the fees are discounted, however, the City would need to come up with some other means of funding the needed road improvements on which the fees are based. The impact fee ordinance contains a provision allowing the option of independent fee determination studies for those applicants who can demonstrate that their development will have less impact on the need for road facilities than indicated by the fee schedule. Palm Beach Gardens\ROADIMPACTFEESTUDY Octobet 9, 2000 DRAFT, Page 10 9 • 0 Source: VMT per unit from Table 3; cost per VMT from Table 8 Palm Beach Gardens\ROAD /MPACTFEE STUDY I October 9, 2000 DRAFT, Page 11 Table 11 i ROAD NET COST SCHEDULE ITE Unit of Daily Cost/ Cost/ Land Use Type Code Measure VMT VMT Unit Single - Family Detached 210 Dwelling 28.74 $35.73 $1,027 Multi - Family 220 Dwelling 19.92 $35.73 $712 Congregate Living 252 Dwelling 6.48 $35.73 $232 Mobile Home/RV Park 240 Pad 14.40 $35.73 $515 Hotel/Motel 310/320 Room 20.82 $35.73 $744 Retail /Commercial Retail/Shop Ctr, <50,000 sf 820 1,000 sq. ft. 45.40 $35.73 $1,622 Retail/Shop Ctr, 50,000- 249,999 sf 820 1,000 sq. ft. 34.41 $35.73 $1,229 Retail /Shop Ctr, 250,000 - 499,999 sf 820 1,000 sq. ft. 29.15 $35.73 $1,042 Retail/Shop Ctr, 500,000+ sf 820 1,000 sq. ft. 23.97 $35.73 $856 Bank, Drive -In 911 1,000 sq. ft. 71.60 $35.73 $2,558 Convenience Store 851 1,000 sq. ft. 88.56 $35.73 $3,164 Gasoline Service Station 844 Fuel Position 11.39 $35.73 $407 Movie Theater 443 1,000 sq. ft. 74.16 $35.73 $2,650 Restaurant, Sit -Down 831 1,000 sq. ft. 34.18 $35.73 $1,221 Restaurant, Fast Food 834 1,000 sq. ft. 66.98 $35.73 $2,393 New Car Sales 841 1,000 sq. ft. 35.63 $35.73 $1,273 Office /Institutional General Office Bldg., <100,000 sf 710 1,000 sq. ft. 12.62 $35.73 $451 General Office Bldg., 100,000+ sf 710 1,000 sq. ft. 10.74 $35.73 $384 Medical Office 720 1,000 sq. ft. 34.33 $35.73 $1,227 Hospital 610 1,000 sq. ft. 15.94 $35.73 $570 Nursing Home 620 1,000 sq. ft. 4.47 $35.73 $160 Church /Synagogue 560 1,000 sq. ft. 9.12 $35.73 $326 Day Care Center 565 1,000 sq. ft. 19.02 $35.73 $680 Industrial/Warehouse Industrial Park 130 1,000 sq. ft. 6.61 $35.73 $236 Warehousing 150 1,000 sq. ft. 4.71 $35.73 $168 Mini - Warehouse 151 1,000 sq. ft. 0.02 $35.73 $1 Recreational Golf Course 430 Hole 35.74 $35.73 $1,277 Racquet/Health Club 492 1,000 sq. ft. 17.14 $35.73 $612 1 Source: VMT per unit from Table 3; cost per VMT from Table 8 Palm Beach Gardens\ROAD /MPACTFEE STUDY I October 9, 2000 DRAFT, Page 11 • [7 • City Council of Palm Beach Gardens Meeting Date: November 16, 2000 Date Prepared: October 23, 2000 Tit-00-01 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 16, 2000 Date Prepared: October 23, 2000 SUBJECUAGENDA ITEM: Consideration of Approval: Resolution 93, 2000, a City initiated request to approve a City Center Linkages Plan for vehicular, bicycle and pedestrian connections in an area bounded by the Regional Center Development of Regional Impact (DRl) to the north, Prosperity Farms Road to the east, RCA Boulevard (Blvd.) to the south, and Military Trail to the west. The City Council continued the public hearing to November 16, 2000 and has directed staff to organize a public meeting on November 13, 2000 to further discuss the City Center Linkages Plan with City residents and in particular residents residing in Garden Woods along Alt. A -1 -A. RECOMMENDATION: Staff recommends approval of Resolution 93, 2000. Reviewed by: Originating Dept.: Costs: $ Council Action: City Attorney Growth Management Total [ ]Approved Finance NA $ [ ] Approved w/ ACM Current FY conditions Human Res. NA ( ] Denied Other NA Advertised: [Yes[ Funding Source: [ ] Continued to: Attachments: Date: October 9, 2000 [ ] Operating Resolution 93, 2000 Paper: Palm Beach Post [ ]Other Conceptual Thoroughfare Plan • Conceptual Linkages Plan • City Center Linkages Plan (Vehicular) • City Center Linkages Plan (Pedestrian/Bicycle) • City Center Existing and Planned Roadways • Letter from County (] Not Required • Traffic Volume Forecast m b Gr Management Director Affected parties ] Notified Budget Acct.#:: [ ] None Approved W[ City Manag [X] Not required 1" 1 • • City Council of Palm Beach Gardens Meeting Date: November 16, 2000 Date Prepared: October 23, 2000 Txt -00-01 I. REQUEST: Palm Beach County Board of County Commissioners has requested the City to formally adopt the City Center Linkages Plan prior to the County's adoption of the amended Constrained Roadway at a Lower Level of Service ( CRALLS) designation for PGA Blvd. Please see attached letter dated September 11, 2000. The linkages plan will serve as one of several mitigation measures designed to reduce the anticipated impacts of the proposed amended CRALLS for PGA Blvd. between Prosperity Farms Road and the Florida Turnpike. II. BACKGROUND: Staff was directed on July 15, 1999, during the "Main Street Visioning Session," to develop a linkages plan for the proposed City Center area. The plan is multi -model and provides for vehicular as well as pedestrian and bicycle needs and improves circulation in the central business district of the City. The Planning and Zoning Commission and the City Council previously reviewed the linkages plan in the fall of 1999. However, a formal resolution to adopt the plan was not considered at that time. III. PROCEDURE: This is a request initiated by staff to formally adopt the City Center Linkages Plan by resolution. A subsequent request will be forthcoming to incorporate the plan into the City's Comprehensive Plan and the Land Development Regulations. The Planning and Zoning staff and the City Engineer's office review the request and forward comments and recommendations to the Planning and Zoning Commission. Acting in an advisory role, the Commission considers the recommendations of City staff and makes a recommendation to the City Council. The City Council reviews the request for approval, and makes a final determination of approval, approval with conditions, or denial. IV. AREA BOUNDARIES: The City Center Linkages Plan encompasses an area bounded by the Regional Center DRI to the north, Prosperity Farms Road to the east, RCA Boulevard to the south, and Military Trail to the west. V. PURPOSE: The purpose of adding secondary and tertiary roadways, as well as pedestrianibicycle facilities, is to compliment the primary roadway network by providing alternate routes for automobiles, pedestrians and bicyclists. A network of alternate routes will reduce the need to utilize the primary roadways, relieve traffic congestion on PGA Blvd., and reduce or maintain acceptable volumes on the primary roadways and eliminate the need to further expand these primary facilities. 2 City Council of Palm Beach Gardens Meeting Date: November 16, 2000 Date Prepared: October 23, 2000 Txt -00-01 VI. LINKAGES: Vehicular linkages are categorized as Primary (regional arterials), Secondary (collector roads), and Tertiary (local roads). Primary roads are to be four lanes. Secondary and tertiary roads are to be two lanes. Several of the roads /facilities are already constructed. The remaining roads/facilities are to be built by developers as conditions of approval and as a credit toward the City's proposed road impact fee. Pedestrian and bicycle linkages are depicted as Existing, Proposed (foreseen as short-term improvements), Proposed Changes to Existing (for locations where it is desirable to re- locate or meander the facility), and Potential Future (for long -term improvements). Both linkages (vehicular and non - vehicular) identify potential future connections that are conceptual in nature, but will ultimately lead to connecting most of the circulation system, vehicular; pedestrian; and bicycle facilities, within the City Center area. VII. MODIFICATION TO THE PLAN The plan has been modified by changing the alignment of Victoria Lakes Avenue to accommodate one of two pending Notices of Proposed Change (NOPC) to the Development Order of the Regional Center DRI. VIH. PLANNING AND ZONING COMMISSION RECOMMENDATION The Planning and Zoning Commission voted 6:0 on September 26, 2000 to recommend approval of the City Center Linkages Plan. IX. STAFF RECOMMENDATION Staff recommends approval of the proposed City Center Linkages Plan. G: Tal al /Citylrxt- 00- 01 -str l • Resolution 93, 2000 Prepared on: October 23, 2000 Public Hearing Date: November 16, 2000 RESOLUTION 93, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE CITY CENTER LINKAGES PLAN TO SERVE AS ONE OF SEVERAL MITIGATION MEASURES DESIGNED TO ALLEVIATE THE IMPACTS OF THE PROPOSED AND MODIFIED DESIGNATION OF CONSTRAINED ROADWAY AT LOWER LEVEL OF SERVICE ( CRALLS) FOR PGA BOULEVARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Palm Beach County has requested the adoption of the City Center Linkages Plan and incorporation of said plan into the City's Comprehensive Plan as a mitigation measure to alleviate the impacts of the proposed and modified CRALLS designation for PGA Boulevard; and WHEREAS, the plan consists of vehicular, pedestrian, and bicycle linkages and the plan area is bounded by the Regional Center (DRI) to the north, Prosperity Farms Road to the east, RCA Blvd. to the south, and Military Trail to the west, as more particularly described in Exhibits "A ", "B ", and "C" attached hereto; and WHEREAS, the Growth Management Department has developed the City Center Linkages Plan and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Planning and Zoning Commission has recommended approval of the of the City Center Linkages Plan; and WHEREAS, the Growth Management Department has recommended approval of the City Center Linkages Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the City Center Linkages Plan, consisting of vehicular, pedestrian, and bicycle linkages, and authorizes the initiation of an amendment to incorporate said plan into the City's Comprehensive Plan. The City Center Linkages Plan area is bounded by the Regional Center (DRI) to the north, Prosperity Farms Road to the east, RCA Blvd. to the south, and Military Trail to the west, more particularly described in Exhibits "A", "B ", and "C" attached hereto and incorporated herein. • • C, • Resolution 93, 2000 Prepared on: October 23, 2000 Public Hearing Date: November 16, 2000 Section 2. Said approval shall be consistent with the plans developed by staff and are on file with the City's Growth Management Department as follows: 1. CITY CENTER LINKAGES, "Vehicular Traffic Connection ", revised November 1999; 2. CITY CENTER LINKAGES, " Pedestrian /Bicycle Connections ", revised October 1999. 3. CITY CENTER LINKAGES, " Existing and Planned Vehicular Traffic Connections," revised October 2000. Section 3. The approval expressly incorporates and is contingent upon all representations made by staff at any workshop or public hearing. Section 4. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS THE DAY OF 2000. ATTESTED BY: Carol Gold, CMC,City Clerk VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK G:Talal/Txt- 00- 01 -res JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY AYE NAY ABSENT OA City Council Meeting Date: November 16, 2000 Date Prepared: October 23, 2000 Petition: Txt -00 -02 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 16, 2000 Date Prepared: October 23, 2000 SUBJECT /AGENDA ITEM: Consideration of Approval: Ordinance 33, 2000, a City initiated request to approve various amendments, including the incorporation of the City Center Linkages Plan to the City's Comprehensive Plan. Also included is the proposed, modified Constrained Roadway At Lower Level of Service (CRALLS) designation for PGA Boulevard (Blvd.). Staff requests the City Council's review and approval to transmit the proposed amendments to the State Department of Community Affairs during the transmittal hearing on the November 16, 2000 City Council meeting. RECOMMENDATION: Staff recommends approval of Ordinance 33, 2000. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Approved Finance NA $ Current [ ] Approved w/ ACM conditions FY Human Res. NA [ )Denied Other NA Funding Source: [ ] Continued to: Advertised: [Yes] Attachments: Date: November 1, 2000 [ ] Operating • Ordinance 33, 2000 Paper: Palm Beach Post [ ] Other . Conceptual Thoroughfare Plan — • City Center Linkages Plan (Vehicular) • City Center Linkages Plan (Pedestrian/Bicycle) • City Center Existing and Planned Roadways Submitted by: [] Not Required Growth Management Director Affected parties Budget Acct. #:: Approved by: [ ] Notified [ ] None City Manager [X] Not required 1 a City Council Meeting Date: November 16, 2000 Date Prepared: October 23, 2000 Petition: Txt -00 -02 I. REQUEST: City staff requests the City Council's review and approval for various amendments proposed to the City's Comprehensive Plan. They include revisions to the Transportation Element consisting of incorporating the City Center Linkages Plan, deleting the southern alignment of Hood Road, the north -south linkage on the north side of Plat 4, and Fairchild extension from Northcorp Parkway/RCA Boulevard (Blvd.) to Campus Drive from the Conceptual Thoroughfare Plan map, and adopting the modified designation of CRALLS for PGA Blvd. Revisions to the Future Land Use Element consist of modifying Policy 1.1.1.3 and other text regarding the definitions of future land use categories to revise the minimum number of floors requirement for mixed -use developments. Finally, incorporating a policy to the Intergovernmental Coordination Element to support the Conceptual Master Plan for the U. S. 1 Corridor in Northern Palm Beach County known as the "seven- cities plan" and amending the Capital Improvements Element to reflect the funding mechanism for implementing the City Center Linkages Plan. III. PROCEDURE: This is a request initiated by staff to formally amend the City's Comprehensive Plan. The Planning and Zoning staff review the request and forward comments and recommendations to the Local Planning Agency. Acting in an advisory role, the Agency considers the recommendations of City staff and makes a recommendation to the City Council. The City Council reviews the request for approval, and makes a final determination of approval, approval with conditions, or denial. IV. BACKGROUND: First, staff was directed on July 15, 1999, during the "Main Street Visioning Session," to develop a linkages plan for the proposed City Center area. The plan is multi -model and provides for vehicular as well as pedestrian and bicycle needs and improves circulation in the central business district of the City. The plan is one of several mitigation measures designed to elevate the impacts of the proposed modified CRALLS designation for PGA Blvd. Second, staff is proposing to delete the southern alignment of Hood Road because the segment would run through a nature preserve. Instead, a northern alignment for Hood Road, which is currently reflected on the map, will be retained on the Conceptual Thoroughfare Plan map, the Conceptual Linkage Plan map, and the Project 2015 Traffic, LOS, & Proposed Laneage map. Third, staff is requesting the deletion of the north -south linkage north of Plat 4 (Garden Woods) because the residents have requested deleting it because it would result in more traffic in Garden Woods due to the location of a traffic signal at the entrance to that neighborhood. Fourth, requests deleting Fairchild extension from Northcorp Parkway/RCA Blvd. to Campus Drive because this link bisects and runs through a parcel of land that has a one unified plan of development (Legacy Place). Keeping the link would result in dividing the development essentially in half. Fifth, staff requests revising Policy 1.1.1.3 and Policy 1.1.5.8 of the Future Land Use Element. The revisions to Policy 1.1.1.3 and other relevant text are to amend the required minimum number of floors (stories) for mixed -use developments with a more flexible requirement allowing for granting 2 City Council Meeting Date: November 16, 2000 Date Prepared: October 23, 2000 Petition: Txt-00 -02 waivers from the requirement, as recommended by the Local Planning Agency (LPA). This request is being proposed so that the City retains flexibility without having to initiate a comprehensive plan amendment to the policy when the need arises during site plan reviews of individual mixed -use proj ects. The other revision to the element is to add language to Policy 1.1.5.8 to permit intensity increases of individual units of non - conforming multifamily residential uses, provided the density of such uses does not exceed the density permitted for the affected uses. The increase would only be allowed with City Council approval acting upon a recommendation from the Planning and Zoning Commission or the Local Planning Agency. Sixth, staff requests incorporating a policy to the Intergovernmental Coordination Element to reflect the City's support for the Conceptual Master Plan for the U. S. 1 Corridor in Northern Palm Beach County. The plan is intended to form the basis for state and local agency cooperation and coordination for improving the appearance of U. S. 1 for northern Palm Beach County. The County has encouraged cities located in northern Palm Beach County to incorporate policies into their comprehensive plans in support of the conceptual master plan and to any of the seven cities seeking funding to implement the plan. Seventh, staff requests modifying the Capital Improvements Element to reflect the funding option for implementing the City Center Linkages Plan. This must be included in the element to comply with State statutes. Finally, staff requests modifying "Table 2A : Level of Service Standards" of the Transportation Element to modify the level of service (LOS) for PGA Blvd. from the Florida Turnpike to Prosperity Farms Road. The proposed designation for the various segments along PGA Blvd. is CRALLS. V. PROPOSED AMENDMENTS: The following are the proposed revisions to the affected policies and text. Proposed revisions to maps and tables are underlined to reflect additions and strike through to reflect deletions. FUTURE LAND USE ELEMENT • Revision to pages 1 -6 and 1 -7 of the element. The same revisions are proposed to pages 1 -26 and 1 -27 of the support documents of the Future Land Use Element for consistency purposes. B. General Mixed Use Future Land Use Category Intensity Measures for Residential MXDs 3 City Council Meeting Date: November 16, 2000 Date Prepared: October 23, 2000 Petition: Txt -00 -02 Land Use Land Allocation Lot Coverage Height Open Space Min 15% Neighborhood Min 2% Max 70% Min 2 E_ Commercial Max 30% Max 4 Fl Residential High Min 20% Max 50% :`._:� 3 F: Max 60% Max 4 Fl Residential Low Min 0% Max 50% Max 2.5 3 Fl Max 60% Max 4 Fl Employment Center Min 2% Max 70% Max 4 Fl Max 30% Special Definitions: Neighborhood Commercial land shall be.used for community - serving retail, service, office and business uses. At least 51% of the gross square footage of the Neighborhood Commercial shall be contained in buildings having a two -story character containing some actual two -story space. n+ te=+. 7coi ,.� +>70 .�+ �.,,;ta;.,b .e.. �t,,,tt __ ae.;�ated f-- --a �� -„ 1 e 1 —+ -a .,t,,...° th- -�-' a,.,,, The City Council, acting upon ���a.....�.... .�., ...... ��.�...,...,. ��.,.. �.,.,.. b..,.md �.cor. a recommendation by the Planning and Zoning Commission, retains the right to grant or deny waivers from the requirement of this provision. C. General Mixed Use Future Land Use Category Intensity Measures for Non - Residential MXDs Land Use Land Allocation Lot Coverage Height Open Space Min 15% Commercial Min 0% Max 50% Min 2 E_ Recreation Max 30% Max 4 Fl Commercial Min 0% Max 50% --in 2 F! Max 60% No Max Industrial Min 0% Max 60% -RAF.- 2: Max 60% Max 4 Fl 4 City Council Meeting Date: November 16, 2000 Date Prepared: October 23, 2000 Petition: Txt-00 -02 Institutional Min 0% Max 50% 1`!:n 2 '= Max 60% Max 4 Fl Professional Office Min 2% Max 70% 1`•'-lflu 2 F! Max 60% No Max At least 51% of the gross square footage of the Commercial use shall be contained in buildings having a two -story character containing some actual two -story space. The City Council, acting upon a recommendation by the Planning and Zoning Commission, retains the right to grant or deny waivers from the requirement of this provision. • Revision to pages 1 -13 and 1 -14 of the element. The same revisions are proposed to relevant portions of the support documents of the Future Land Use Element on pages 1 -26 and 1 -27 for consistency purposes. B. General Mixed Use Future Land Use Category Intensity Measures for Residential MXDs Land Use Land Allocation Lot Coverage Height Open Space Min 15% Neighborhood Min 2% Max 70% M 3 E= Commercial Max 30% Max 4 Fl Residential High Min 20% Max 50% M.— Max 60% Max 4 Fl Residential Low Min 0% Max 50% Max. 2.5 3 Fl Max 60% Employment Center Min 2% Max 70% Max 4 F1 Max 30% Special Definitions: Neighborhood Commercial land shall be used for community- serving retail, service, office and business uses. At least 51% of the gross square footage of the Neighborhood Commercial shall be contained in buildings having a two -story character containing some actual two -story space. A� teast 2coi �ke e+ t.,,;ta;,,,. e.. �t.,,tt t,o ae;,,.,,+°a . — .�,..,� . v -& �... .,.........b ... ...... vv ..w.b........ i..i ;ec14e .+.w1 .a ;,U-11 " lccatcd abc :-c 'mac �,..,a �' ^�r The City Council, acting upon .. ......,..�. w. F;.�...... �..,.,.. a recommendation by the Planning and Zoning Commission, retains the right to grant or deny 6i City Council Meeting Date: November 16, 2000 Date Prepared: October 23, 2000 Petition: Txt -00 -02 waivers from the requirement of this provision. C. General Mixed Use Future Land Use Category Intensity Measures for Non - Residential MXDs Land Use Land Allocation Open Space Min 15% Commercial Min 0% Recreation Max 30% Lot Coverage Height Max 50% Min 2 F! Max 4 Fl Commercial Min 0% Max 50% Mir. 2 F! Max 60% No Max Industrial Min 0% Max 60% Min 2 F' Max 60% Max 4 Fl Institutional Min 0% Max 50% Min 2 F! Max 60% Max 4 Fl Professional Office Min 2% Max 70% ::'1:. 2 F: Max 60% No Max At least 51% of the gross square footage of the Commercial use shall be contained in buildings having a two -story character containing some actual two -story space. The City Council, acting upon a recommendation by the Planning and Zoning Commission, retains the right to grant or deny waivers from the requirement of this provision. • Revision to Policy 1.1.1.3 on pages 1 -13 and 1 -14 of the element. The same revisions are proposed to relevant portions on pages 1 -26 and 1 -27 of the support documents of the Future Land Use Element for consistency purposes. B. General Mixed Use Future Land Use Category Intensity Measures for Residential MXDs Land Use Land Allocation Lot Coverage Height Open Space Min 15% Neighborhood Min 2% Max 70% Commercial Max 30% Max 4 Fl 6 Residential High Min 20% Max 60% Residential Low Min 0% Max 60% Employment Center Min 2% Max 30% Special Definitions: City Council Meeting Date: November 16, 2000 Date Prepared: October 23, 2000 Petition: Txt -00 -02 Max 50% ::�An 2 F: Max 4 Fl Max 50% Max 2.5 3 Fl Max 70% Max 4 Fl Neighborhood Commercial land shall be used for community- serving retail, service, office and business uses. At least 51% of the gross square footage of the Neighborhood Commercial shall be contained in buildings having a two -story character containing some actual two-story space. ^t le -t 250 ^If t'�° :e+ i,„;t —Lb , eµ �,,.,t, >,° a °�; ,., ,� °a ° "' '�' < and s''a"'' °' ^ °a* °a above the ground f' ^ ^" The City Council acting upon a recommendation by the Planning and Zoning Commission, retains the right to grant or deny waivers from the requirement of this provision. C. General Mixed Use Future Land Use Category Intensity Measures for Non - Residential MXDs Land Use Land Allocation Lot Coverage Height Open Space Min 15% Commercial Min 0% Max 50% Recreation Max 30% Max 4 Fl Commercial Min 0% Max 50% Min 2 Fi Max 60% No Max Industrial Min 0% Max 60% Min 2 F! Max 60% Max 4 Fl Institutional Min 0% Max 50% An A!. 2 U1 Max 60% Max 4 Fl Professional Office Min 2% Max 70% AV-n 2 F! Max 60% No Max 7 City Council Meeting Date: November 16, 2000 Date Prepared: October 23, 2000 Petition: Txt -00 -02 At least 51% of the gross square footage of the Commercial use shall be contained in buildings having a two -story character containing some actual two -story space. The City Council, acting upon a recommendation by the Planning and Zoning Commission, retains the right to grant or deny waivers from the requirement of this provision. • Staff requests revising Policy 1.1.5.8 of the element. The proposed revision is as follows: Policy 1.1.5.8.: Owners of property containing uses not consistent with the Comprehensive Plan and Land Development Regulations will be notified that their use is nonconforming and will be required to come into compliance or be eliminated no later than 7 years from the date the use became nonconforming. The City Council may, on a case -by -case basis, exempt a non- conforming use only after a public hearing is held to consider its compatibility with surrounding properties. The City Council may require additional buffering, screening and modifications to bring the property more into compliance with the Comprehensive Plan and the Land Development Regulations. These uses will not be allowed to expand, and if damaged or destroyed by more than 50% of their value, will not be allowed to be reestablished. Nonconforming uses are defined as lots, structures, and uses of land and structures that were lawful before the adoption or amendment of a regulation, but which would be prohibited, regulated or restricted under the terms of the regulation or future amendment. However, if the nonconforming use is a multifamily residential project of more than 250 units, the City Council may permit an increase in the number of rooms or square footage of individual residential units, provided that the maximum density of the affected land -use is not exceeded and conformity with the current Land Development Regulations will be required. TRANSPORTATION ELEMENT • Modification to the Conceptual Thoroughfare Plan map, Projected 2015 Traffic, LOS & Proposed Laneage map, the Conceptual Linkage Plan map, and the Conceptual Thoroughfare Plan Roads list to delete the southern alignment of Hood Road. An alternate northern alignment is planned instead. Please see map attached. • Modification to the Conceptual Thoroughfare Plan map to delete a north -south linkage north of Plat 4 (Garden Woods). Please see map attached. • Modification to the Conceptual Thoroughfare Plan map to delete Fairchild extension from Northcorp Parkway/RCA Blvd. to Campus Drive. Please see map attached. • Modify the Conceptual Thoroughfare Plan map to reflect the incorporation of the City Center linkages Plan. 8 City Council Meeting Date: November 16, 2000 Date Prepared: October 23, 2000 Petition: Txt-00 -02 • Incorporate a new objective and policy into the element adopting the City Center Linkages Plan, in accordance with Palm Beach County's request. The plan will be used as one of several mitigation measures designed to alleviate the impacts of the CRALLS on PGA Blvd. The language of the proposed objective and policy is as follows: Objective 2.1.6.: The City shall continue to plan for and provide transportation facilities to encourage various modes of transportation. The City shall also plan and provide for alternate routes to major arterials within the City Center area, which is bounded by PGA Blvd. to the south, Prosperity Farms Road to the east, Ad. A -1 -A to the west, and Atlantic Avenue to the north. Accordingly, the City adopts and incorporates into the Conceptual Thoroughfare Plan map the City Center Linkages Plan for the City Center area to serve as alternate routes to PGA Blvd., Prosperity Farms Road, and Alt. A -1 -A, and other major thoroughfares within the City. The plan provides facilities for vehicles, pedestrians, as well as bicyclists within the right -of way. Policy 2.1.6.1.: The City shall require individual developments to dedicate the needed right - of -way during the site plan review process, be consistent with, and conform to the City Center Linkages Plan. However, the City Council may in its discretion accept a perpetual public access easement in lieu of dedication of right -of -way on tertiary roads only. This shall apply only to tertiary roads, that are part of the City Center Linkages Plan. Individual developments required to dedicate rights -of -way or perpetual public access easements on the collector roadways shall be granted credit toward the City's road impact fee. Roadway alignments, right -of -way, cross sections and construction of each link shall be consistent with the standards specified in the City's Land Development Regulations. However, granting of waivers may permit minor deviations from the plan and or roadway construction standards affecting such links. Such waivers are granted only by the City Council acting upon a recommendation from the Planning and Zoning Commission. The City reserves the right to expand the laneage within the right -of- way and or the right -of -way itself, if so determined by the City, should the need arise in the future on collector roads upon which the City is granted perpetual public access easements. Maintenance of such roads shall be the sole responsibility of the property owners /developers. • Staff requests modifying Table 2A of the element to reflect the proposed modified CRALLS designation for PGA Blvd. The modifications are as follows: Facilitv Type TABLE 2A: LEVEL OF SERVICE STANDARDS Peak Hour Level of Service Standard Neighborhood Collector D 9 City Council Meeting Date: November 16, 2000 Date Prepared: October 23, 2000 Petition: Txt -00 -02 City Collector D Non -FIRS roads that are part of the County Thoroughfare Plan: County Minor Arterial D State Minor Arterial E State Principal Arterial D FIRS roads D Beeline Highway (Northlake Blvd to CR711) C Excepted Links: Roadway Segments Proposed LOS Proposed Daily Traffic Volumes Based on CRALLS Daily Traffic Volumes Based on Adopted LOS State Principal Arterial: PGA Blvd. U.S. 1 — Prosperity Farms Rd Prosperi1y Farms Rd — Kew Gardens Av. Kew Gardens Av. — Alternate A -1 -A Alternate A -1 -A — RCA Blvd. RCA Blvd. — I -95 I -95 — Milita Trail Mililga Trail — Central Blvd. Central Blvd. — Florida Turnpike F 55,200 CRALLS 54,283 59,636 70,555 70,174 53,280 50,738 51,177 55,200 55,200 55,200 55,200 48,900 48,900 48,900 CRALLS CRALLS CRALLS CRALLS CRALLS CRALLS State Minor Arterial: Military Trail Northlake Blvd. — I -95 F 63,9000 until Dec. 1999 City Collector: Burns Road I -95 — Military Trail F 10 City Council Meeting Date: November 16, 2000 Date Prepared: October 23, 2000 Petition: Txt -00 -02 INTERGOVERNMENTAL COORDINATION ELEMENT • Staff requests incorporating an objective into the element in support of the Conceptual Master Plan for U. S. 1 and for cities in northern Palm Beach County seeking funding toward the implementation of the plan. The language of the policy is as follows: Policy 8.1.1.1.: The City shall encourage the implementation of the Conceptual Master Plan for the U. S. 1 Corridor in Northern Palm Beach County known as the "seven- cities plan." Potential developments along U. S. 1 within the City's jurisdiction will be encouraged to conform with said plan. The City shall also provide support and assistance to nearby jurisdictions in obtaining funding for the implementation of the plan from regional, state, and federal agencies. CAPITAL IMPROVEMENTS ELEMENT • Staff requests revising Policy 9.1.2.1 of the Capital Improvements Element to reflect the funding option for implementing the City Center Linkages Plan. The revised policy is as follows: Policy 9.1.2.1.: The City shall continue to collect a countywide transportation impact fee to assess new development a pro rata share of the costs required to finance transportation improvements necessitated by such development and shall consider adopting a city road impact fee for neighborhood collectors and local roads of City responsibility. The City shall grant credit toward the City's road impact fees to individual developments required to dedicate rights -of -way or perpetual public access easements for the purpose of implementing the City Center Linkages Plan. These collector roadways shall be developed by individual landowners whose developments will have a direct benefit by having access onto these roadways. VI. LOCAL PLANNING AGENCY RECOMMENDATION: The Local Planning and Zoning Agency (LPA) has recommended approval of the proposed amendments to the City's Comprehensive Plan by a vote of five to nothing. The LPA has recommended modifications to the definition and Policy 1.1.1.3, mixed use policy, of the Future Land Use Element by reducing the minimum requirement for vertical integration and allowing waiver to be granted to the waive the requirement. VII. STAFF RECOMMENDATION: Staff recommends approval of all proposed amendments. G:Ta1a1 \Txt- 00- 02 -str2 11 101 0 City Council Meeting Date: November 16, 2000 Date Prepared: October 23, 2000 Petition: Txt-00 -02 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 16, 2000 Date ]Prepared: October 23, 2000 SUBJECT /AGENDA ITEM Consideration of Approval: Ordinance 33, 2000, a City initiated request to approve various amendments, including the incorporation of the City Center Linkages Plan to the City's Comprehensive Plan. Also included is the proposed, modified Constrained Roadway At Lower Level of Service (CRALLS) . designation for PGA Boulevard (Blvd.). Staff requests the City Council's review and approval to transmit the proposed amendments to the State Department of Community Affairs during the transmittal hearing on the November 16, 2000 City Council meeting. RECOMMENDATION: Staff recommends approval of Ordinance 33, 2000. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Approved Finance NA _01 $ [ ] Approved w/ ACM Current FY conditions Human Res. NA [ ] Denied Other NA Advertised: [Yes] Funding Source: [ ] Continued to: Attachments: Date: November 1, 2000 [ ] Operating Paper: Palm Beach Post [ ] Other • Ordinance 33, 2000 • Conceptual Thoroughfare Plan — • City Center Linkages Plan (Vehicular) • City Center Linkages Plan (Pedestrian/Bicycle) • City Center Existing and [] Not Required Planned Roadways S e b Growth Management Director Affected parties [ ] Notified Budget Acct. #:: [ ] None Approved by: City Manager __e��Z2 [X] Not required 1 City Council Meeting Date: November 16, 2000 Date Prepared: October 23, 2000 Petition: Txt-00 -02 I. REQUEST: City staff requests the City Council's review and approval for various amendments proposed to the City's Comprehensive Plan. They include revisions to the Transportation Element consisting of incorporating the City Center Linkages Plan, deleting the southern alignment of Hood Road, the north -south linkage on the north side of Plat 4, and Fairchild extension from Northcorp Parkway/RCA Boulevard (Blvd.) to Campus Drive from the Conceptual Thoroughfare Plan map, and adopting the modified designation of CRALLS for PGA Blvd. Revisions to the Future Land Use Element consist of modifying Policy 1.1.1.3 and other text regarding the definitions of future land use categories to revise the minimum number of_floors requirement for mixed -use developments. Finally, incorporating a policy to the Intergovernmental Coordination Element to support the Conceptual Master Plan for the U. S. 1 Corridor in Northern Palm Beach County known as the "seven- cities plan" and amending the Capital Improvements Element to reflect the funding mechanism for implementing the City Center Linkages Plan. III. PROCEDURE: This is a request initiated by staff to formally amend the City's Comprehensive Plan. The Planning and Zoning staff review the request and forward comments and recommendations to the Local Planning Agency. Acting in an advisory role, the Agency considers the recommendations of City staff and makes a recommendation to the City Council. The City Council reviews the request for approval, and makes a final determination of approval, approval with conditions, or denial. IV. BACKGROUND: First, staff was directed on July 15, 1999, during the "Main Street Visioning Session," to develop a linkages plan for the proposed City Center area. The plan is multi -model and provides for vehicular as well as pedestrian and bicycle needs and improves circulation in the central business district of the City. The plan is one of several mitigation measures designed to elevate the impacts of the proposed modified CRALLS designation for PGA Blvd. Second, staff is proposing to delete the southern alignment of Hood Road because the segment would run through a nature preserve. Instead, a northern alignment for Hood Road, which is currently reflected on the map, will be retained on the Conceptual Thoroughfare Plan map, the Conceptual Linkage Plan map, and the Project 2015 Traffic, LOS, & Proposed Laneage map. Third, staff is requesting the deletion of the north -south linkage north of Plat 4 (Garden Woods) because the residents have requested deleting it because it would result in more traffic in Garden Woods due to the location of a traffic signal at the entrance to that neighborhood. Fourth, requests deleting Fairchild extension from Northcorp Parkway/RCA Blvd. to Campus Drive because this link bisects and runs through a parcel of land that has a one unified plan of development (Legacy Place). Keeping the link would result in dividing the development essentially in.half. Fifth, staff requests revising Policy 1.1.1.3 and Policy 1.1.5.8 of the Future Land Use Element. The revisions to Policy 1.1.1.3 and other relevant text are to amend the required minimum number of 0 floors (stories) for mixed -use developments with a more flexible requirement allowing for granting 2 � Ll • City Council Meeting Date: November 16, 2000 Date Prepared: October 23, 2000 Petition: Txt-00 -02 waivers from the requirement, as recommended by the Local Planning Agency (LPA). This request is being proposed so that the City retains flexibility without having to initiate a comprehensive plan amendment to the policy when the need arises during site plan reviews of individual mixed -use projects. The other revision to the element is to add language to Policy 1.1.5.8 to permit intensity increases of individual units of non - conforming multifamily residential uses, provided the density of such uses does not exceed the density permitted for the affected uses. The increase would only be allowed with City Council approval acting upon a recommendation from the Planning and Zoning Commission or the Local Planning Agency. Sixth, staff requests incorporating a policy to the Intergovernmental Coordination Element to reflect the City's support for the Conceptual Master Plan for the U. S. 1 Corridor in Northern Palm Beach County. The plan is intended to form the basis for state and local agency cooperation and coordination for improving the appearance of U. S. 1 for northern Palm Beach County. The County has encouraged cities located in northern Palm Beach County to incorporate policies into their comprehensive plans in support of the conceptual master plan and to any of the seven cities seeking funding to implement the plan. Seventh, staff requests modifying the Capital Improvements Element to reflect the funding option for implementing the City Center Linkages Plan. This must be included in the element to comply with State statutes. Finally, staff requests modifying "Table 2A : Level of Service Standards" of the Transportation Element to modify the level of service (LOS) for PGA Blvd. from the Florida Turnpike to Prosperity Farms Road. The proposed designation for the various segments along PGA Blvd. is CRALLS. V. PROPOSED AMENDMENTS: The following are the proposed revisions to the affected policies and text. Proposed revisions to maps and tables are underlined to reflect additions and strike through to reflect deletions. FUTURE LAND USE ELEMENT • Revision to page 1 -6 of the element. The same revisions are proposed to pages 1 -26 and 1 -27 of the support documents of the Future Land Use Element for consistency purposes. B. General Mixed Use Future Land Use Category Intensity Measures for Residential MXDs 3 0 Land Use Land Allocation Lot Coverage Open Space Min 15% Min 15% Neighborhood Min 2% Max 70% Commercial Max 30% Residential High Min 20% Max 50% Max 4 Fl Max 60% Min 20% Residential Low Min 0% Max 50% Max 60% Max 60% Max 4 Fl Employment Center Min 2% Max 70% Max. 2.5 3 Fl Max 30% 4 Special Definitions: ■ City Council Meeting Date: November 16, 2000 Date Prepared: October 23, 2000 Petition: Txt -00 -02 Height MM2F! Max 4 Fl M.-n2T.1 Max 4 Fl Max 2.53F1 Max 4 Fl Neighborhood Commercial land shall be used for community - serving retail, service, office and business uses. At least 25% of the gross square footage of the development shall be contained in buildings having a minimum of two floors and at least 25% of the net buildin area gross square footage of the development shall be designated for residential use and shall be located above the ground floor. At the discretion of the City Council, waivers from both requirements may be granted by the Council. • Revision to pages 1 -13 and 1 -14 of the element. The same revisions are proposed to relevant portions of the support documents of the Future Land Use Element on pages 1 -26 and 1 -27 for consistency purposes. B. General Mixed Use Future Land Use Category Intensity Measures for Residential MXDs Land Use Land Allocation Lot Coverage Height Open Space Min 15% Neighborhood Min 2% Max 70% Commercial Max 30% Max 4 Fl Residential High Min 20% Max 50% Min 2 F'. Max 60% Max 4 Fl Residential Low Min 0% Max 50% Max. 2.5 3 Fl 4 ■ • • Max 60% Employment Center Min 2% Max 70% Max 30% Special Definitions: City Council Meeting Date: November 16, 2000 Date Prepared: October 23, 2000 Petition: Txt -00-02 Max 4F1 Neighborhood Commercial land shall be used for community - serving retail, service, office and business uses. At least 25% of the gross square footage of the development shall be contained in buildings having a minimum of two floors and at least 25% of the net building area gross square footage of the development shall be designated for residential use and shall be located above the ground floor. At the discretion of the City Council, waivers from both requirements may be granted by the Council. C. General Mixed Use Future Land Use Category Intensity Measures for Non - Residential MXDs Land Use Land Allocation Lot Coverage Height Open Space Min 15% Commercial Min 0% Max 50% Min 2 F! Recreation Max 30% Max 4 Fl Commercial Min 0% Max 50% M.m 2 F: Max 60% No Max Industrial Min 0% Max 60% Min 2 F! Max 60% Max 4 Fl Institutional Min 0% Max 50% -in 2 Fl Max 60% Max 4 Fl Professional Office Min 2% Max 70% Min 2 F! Max 60% No Max • Revision to Policy 1.1.1.3 on pages 1 -13 and 1 -14 of the element. The same revisions are proposed to relevant portions on pages 1 -26 and 1 -27 of the support documents of the Future Land Use Element for consistency purposes. B. General Mixed Use Future Land Use Category Intensity Measures for. Residential MXDs 5 City Council Meeting Date: November 16, 2000 Date Prepared: October 23, 2000 Petition: Txt-00 -02 Land Use Land Allocation Lot Coverage Height Open Space Min 15% Neighborhood Min 2% Max 70% Min 2 F! Commercial Max 30% Max 4 Fl .Residential High Min 20% Max 50% Mir. 2 F! Max 60% Max 4 Fl Residential Low Min 0% Max 50% Max 2.5 3 Fl Max 60% Employment Center Min 2% Max 70% Max 4 Fl Max 30% Special Definitions: Neighborhood Commercial land shall be used for community- serving retail, service, office and business uses. At least 25% of the gross square footage of the development shall be contained in buildings having a minimum of two floors and at least 25% of the net buildiRg area gross square footage of the development shall be designated' for residential use and shall be located above the ground floor. At the discretion of the City Council, waivers from both requirements may be granted by the Council. C. General Mixed Use Future Land Use Category Intensity Measures for Non - Residential MXDs Land Use Land Allocation Lot Coverage Height Open Space Min 15% Commercial Min 0% Max 50% M.-n 2 -F! Recreation Max 30% Max 4 Fl Commercial Min 0% Max 50% Min 2 F! Max 60% No Max Industrial Min 0% Max 60% "I:u 2 F! Max 60% Max 4 Fl Institutional Min 0% Max 50% 1:I8 : 2 F! Max 60% Max 4 Fl 6 • • Professional Office Min 2% Max 60% City Council Meeting Date: November 16, 2000 Date Prepared: October 23, 2000 Petition: Txt -00 -02 Max 70% 1`.'M2F: No Max • Staff requests revising Policy 1.1.5.8 of the element. The proposed revision is as follows: Policy 1.1.5.8.: Owners of property containing uses not consistent with the Comprehensive Plan and Land Development Regulations will be notified that their use is nonconforming and will be required to come into compliance or be eliminated no later than 7 years from the date the use became nonconforming. The City Council may, on a case -by -case basis, exempt a non- conforming use only after a public hearing is held to consider its compatibility with surrounding properties. The City Council may require additional buffering, screening and modifications to bring the property more into compliance with the Comprehensive Plan and the Land Development Regulations. These uses will not be allowed to expand, and if damaged or destroyed by more than 50% of their value, will not be allowed to be reestablished. Nonconforming uses are defined as lots, structures, and uses of land and structures that were lawful before the adoption or amendment of a regulation, but which would be prohibited, regulated or restricted under the terms of the regulation or future amendment. However, if the nonconforming use is a multifamily residential project of more than, 250 units, the City Council may permit an increase in the number of rooms or square footage of individual residential units, provided that the maximum density of the affected land -use is not exceeded and conformity with the current Land Development Regulations will be required. TRANSPORTATION ELEMENT • Modification to the Conceptual Thoroughfare Plan map, Projected 2015 Traffic, LOS & Proposed Laneage map, the Conceptual Linkage Plan map, and the Conceptual Thoroughfare Plan Roads list to delete the southern alignment of Hood Road. An alternate northern alignment is planned instead. Please see map attached. • Modification to the Conceptual Thoroughfare Plan map to delete a north -south linkage north of Plat 4 (Garden Woods). Please see map attached. • Modification to the Conceptual Thoroughfare Plan map to delete Fairchild extension from Northcorp Parkway/RCA Blvd. to Campus Drive. Please see map attached. • Modify the Conceptual Thoroughfare Plan map to reflect the incorporation of the City Center linkages Plan. • Incorporate anew objective and policy into the element adopting the City Center Linkages Plan, City Council Meeting Date: November 16, 2000 Date Prepared: October 23, 2000 Petition: Txt4X)-02 • Incorporate a new objective and policy into the element adopting the City Center Linkages Plan, in accordance with Palm Beach County's request. The plan will be used as one of several mitigation measures designed to alleviate the impacts of the CRALLS on PGA Blvd. The language of the proposed objective and policy is as follows: Objective 2.1.6.: The City shall continue to plan for and provide transportation facilities to encourage various modes of transportation. The City shall also plan and provide for alternate routes to major arterials within the City Center area, which is bounded by PGA Blvd. to the south, Prosperity Farms Road to the east, Atl. A -1 -A to the west, and Atlantic Avenue to the north. Accordingly, the City adopts and incorporates into the Conceptual Thoroughfare Plan map the City Center Linkages Plan for the City Center area to serve as alternate routes to PGA Blvd., Prosperity Farms Road, and Alt. A -1 -A, and other major thoroughfares within the City. The plan provides facilities for vehicles, pedestrians, as well as bicyclists within the right -of way. Policy 2.1.6.1.: The City shall require individual developments to dedicate the needed right - of -way during the site plan review process, be consistent with, and conform to the City Center Linkages Plan. However, the City Council may in its discretion accept a perpetual public access easement in lieu of dedication of right -of -way on tertiary roads only. This shall apply only to tertiary roads that are part of the City Center Linkages Plan. Individual developments required to dedicate rights -of -way or perpetual public access easements on the collector roadways shall be granted credit toward the City's road impact fee. Roadway alignments, right -of -way, cross sections and construction of each link shall be consistent with the standards specified in the City's Land Development Regulations. However, granting of waivers may permit minor deviations from the plan and or roadway construction standards affecting such links. Such waivers are granted only by the City Council acting upon a recommendation from the Planning and Zoning Commission. The City reserves the right to expand the laneage within the right -of- way and or the right -of -way itself, if so determined by the City, should the need arise in the future on collector roads upon which the City is granted perpetual public access easements. Maintenance of such roads shall be the sole responsibility of the property owners /developers. • Staff requests modifying Table 2A of the element to reflect the proposed modified CRALLS designation for PGA Blvd. The modifications are as follows: TABLE 2A: LEVEL OF SERVICE STANDARDS Facility Type Peak Hour Level of Service Standard Neighborhood Collector D • • City Council Meeting Date: November 16, 2000 Date Prepared: October 23, 2000 Petition: Txt-00 -02 City Collector D Non -FIRS roads that are part of the County Thoroughfare Plan: County Minor Arterial D State Minor Arterial E State Principal Arterial D FIRS roads D Beeline Highway (Northlake Blvd to CR711) C Excepted Links: Roadway Segments Proposed LOS Proposed Daily Traffic Volumes Based on CRALLS Daily Traffic Volumes Based on Adopted LOS State Principal Arterial: PGA Blvd. U.S. 1 — Prosperity Farms Rd Prosperity Farms Rd — Kew Gardens Av. Kew Gardens Av. — Alternate A -1 -A Alternate A -1 -A — RCA Blvd. RCA Blvd. — I -95 1 -95 — Military Trail Military Trail — Central Blvd. Central Blvd. — Florida Turnpike F 55,200 CRALLS 54,283 59,636 70,555 70,174 53,280 50,738 51,177 55,200 55,200 55,200 55,200 48,900 48,900 48,900 CRALLS CRALLS CRALLS CRALLS CRALLS CRALLS State Minor Arterial: Military Trail Northlake Blvd. — I -95 F 63,9000 until Dec. 1999 City Collector: Burns Road I -95 — Military Trail F INTERGOVERNMENTAL COORDINATION ELEMENT • Staff requests incorporating an objective into the element in support of the Conceptual Master Plan for U. S. 1 and for cities in northern Palm Beach County seeking funding toward the implementation of the plan. The language of the policy is as follows: 9 City Council Meeting Date: November , 2000 Date Prepared: October 233, 2000 Petition: Txt-00 -02 Policy 8.1.1.1.: The City shall encourage the implementation of the Conceptual Master Plan for the U. S. 1 Corridor in Northern Palm Beach County known as the "seven- cities plan." Potential developments along U. S. 1 within the City's jurisdiction will be encouraged to conform with said plan. The City shall also provide support and assistance to nearby jurisdictions in obtaining funding for the implementation of the plan from regional, state, and federal agencies. CAPITAL IMPROVEMENTS ELEMENT • Staff requests revising Policy 9.1.2.1 of the Capital Improvements Element to reflect the funding option for implementing the City Center Linkages Plan. The revised policy is as follows: Policy 9.1.2.1.: The City shall continue to collect a countywide transportation impact fee to assess new development a pro rata share of the costs required to finance transportation improvements necessitated by such development and shall consider adopting a city road impact fee for neighborhood collectors and local roads of City responsibility. The City shall grant credit toward the City's road impact fees to individual developments required to dedicate rights -of -way or perpetual public access easements for the purpose of implementing the City Center Linkages Plan. These collector roadways shall be developed by individual landowners whose developments will have a direct benefit by having access onto these roadways. VI. LOCAL PLANNING AGENCY RECOMMENDATION: The Local Planning and Zoning Agency (LPA) has recommended approval of the proposed amendments to the City's Comprehensive Plan by a vote of five to nothing. The LPA has recommended modifications to the definition and Policy 1.1.1.3, mixed use policy, of the Future Land Use Element by reducing the minimum requirement for vertical integration and allowing waiver to be granted to the waive the requirement. VII. STAFF RECOMMENDATION: Staff recommends approval of all proposed amendments. G:Ta1a1\Txt -00 -02 • 10 • City Council Meeting Public Hearing Date: November 16, 2000 Date Prepared: October 30, 2000 Ordinance 33, 2000 ORDINANCE 33, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS BASED ON THE RECOMMENDATIONS OF THE LOCAL PLANNING AGENCY AND STAFF; PROVIDING FOR TRANSMITTAL; PROVIDING FOR CODIFICATION IN THE COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, proposed text amendments to the Future Land Use, Transportation, Intergovernmental Coordination, and Capital Improvements Elements of the City's Comprehensive Plan have been prepared and reviewed by City Staff, who have determined that they meet all criteria set forth in Section 163.3184, Florida Statutes; and WHEREAS, the City Council is the duly constituted land planning agency for the City which, after a public hearing, has recommended the proposed amendments to the City's Comprehensive Plan. WHEREAS, the City has received public input and participation through public hearings before both the Local Planning Agency and the City Council, in accordance with Section 163.3181, Florida Statutes. WHEREAS, the City Council determines that the adoption of the text and map amendments to the City's Comprehensive Plan is in the best interests of the residents and citizens of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The Comprehensive Plan of the City is hereby amended as set forth in Exhibit "A ". Section 2. The City Growth Management Director is hereby directed to ensure that this ordinance and all other necessary documents are transmitted to the Florida Department of Community Affairs and other State agencies or departments in accordance with Section 163.3184(3) of the Florida Statutes and, together with the City Clerk, to ensure that this ordinance is codified as part of the Comprehensive Plan of the City. City Council Meeting Public Hearing Date: November 16, 2000 Date Prepared: October 30, 2000 Ordinance 33, 2000 Section 3. Should any section or provision of this ordinance, or any portion, paragraph, sentence, or work thereof be declared by any court of competent jurisdiction to be invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only that part declared to be invalid. Section 4. All ordinances or parts thereof in conflict herewith are hereby repealed. Section 5. This ordinance shall be effective upon adoption, provided that the subject comprehensive plan amendments shall become effective in accordance with Section 163.3189(2), Florida Statutes. PLACED ON FIRST READING THIS 16th DAY OF November , 2000. PLACED ON SECOND READING THIS DAY OF , 2001. PASSED AND ADOPTED THIS _ DAY OF , 2001. 0 JOSEPH R. RUSSO, MAYOR LAUREN FURTADO, COUNCIL MEMBER ATTEST: CAROL GOLD, CMC, CITY CLERK AN • 2 ERIC JABLIN, VICE MAYOR DAVID CLARK, COUNCIL MEMBER CARL SABATELLO, COUNCIL MEMBER APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER FURTADO COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO G:TalaUTxt -00 -02 -ord: transmittal • AYE NAY 3 City Council Meeting Public Hearing Date: November 16, 2000 Date Prepared: October 30, 2000 Ordinance 33, 2000 ABSENT 0 • City Council Meeting Public Hearing Date: November 16, 2000 Date Prepared: October 30, 2000 Ordinance 33, 2000 EXHIBIT "A" CHANGES TO COMPREHENSIVE PLAN MAPS Modifications to the Conceptual Thoroughfare Plan, Map O consist of the following: • Delete the north -south segment of Banyan Street extension north to Florida Blvd. extension; • Delete east -west segment of Fairchild extension from Northcorp Parkway/RCA Blvd. to Campus Drive; and • Delete the southern alignment of Hood Road extension to Prosperity Farms Road. Modifications to the Conceptual Thoroughfare Plan Roads list: • Delete Banyan Street extension north to Florida Blvd. extension; • Delete Fairchild extension from Northcorp Parkway/RCA Blvd. to Campus Drive; and • Delete Hood Road extension to Prosperity Farms Road. Modifications to the Projected 2015 Traffic, LOS & Proposed Laneage, Map K: ■ Delete Hood Road extension to Prosperity Farms Road. Modifications to the Conceptual Linkage Plan, Map I: ■ Delete Hood Road extension to Prosperity Farms Road; and ■ Add the northern alignment of Hood Road. Incorporate the following maps to the Comprehensive Plan Map Series: • City Center Linkages, Existing and Planned Vehicular Traffic Connections • City Center Linkages, Vehicular Traffic Connections • City Center Linkages, Pedestrian/Bicycle Connections CHANGES TO MAPS OF COMPREHENSIVE PLAN SUPPORT DOCUMENTS Modifications to the Conceptual Linkages Plan, Map 1 -7: ■ Delete Hood Road extension to Prosperity Farms Road; and ■ Add the northern alignment of Hood Road. 4 • FJ • City Council Meeting Public Hearing Date: November 16, 2000 Date Prepared: October 30, 2000 Ordinance 33, 2000 EXHIBIT "A" CONTINUED Modifications to the Projected 2015 Traffic, LOS & Proposed Laneage, Map 24: ■ Delete Hood Road extension to Prosperity Farms Road. Modifications to the Conceptual Thoroughfare Plan, Map 2 -5 consist of the following: • Delete the north -south segment of Banyan Street extension north to Florida Blvd. extension; • Delete east -west segment of Fairchild extension from Northcorp Parkway/RCA Blvd. to Campus Drive; and • Delete the southern alignment of Hood Road. Modifications to the Proposed Thoroughfare Roads list, Table 2 -8: • Delete Banyan Street extension north to Florida Blvd. extension; • Delete Fairchild extension from Northcorp Parkway/RCA Blvd. to Campus Drive; and • Delete Hood Road extension to Prosperity Farms Road. CHANGES TO TEXT AND MAPS Amendments to the Comprehensive Plan of the City of Palm Beach Gardens are depicted on the following pages in strike through and underline format. All maps have been revised/updated with 'best available' data. • • B. General Mixed Use Future Land Use Category Intensity Measures for Residential MXDs Land Use Land Allocation Lot Coverage Height Open Space Min 15% Neighborhood Min 2% Max 70% Ml n 2 Fl Commercial Max 30% Max 4 Fl Residential High Min 20% Max 50% M 2 Fl Max 60% Max 4 Fl Residential Low Min 0% Max 50% Max 24 3 Fl Max 60% Employment Center Min 2% Max 70% Max 4 Fl Max 30% Special Definitions: Neighborhood Commercial land shall be used for community- serving retail, service, office and business uses. At least 25% of the of the gross square footage of the development shall be contained in buildings having a minimum of two floors and A-at least 25% of the gross square footage of the development net building are shall be designated for residential use and shall be located above the ground floor. At the discretion of the City Council, waivers from both requirements may be granted by the City Council. Residential High land in MXD projects shall have a maximum density of 15 units /acre as a bonus for consideration of planned, multi- faceted development. The area allocated for Residential Low land and Residential High land shall not exceed the 60% limitation, inclusive of both residential types. Employment Center land shall be used for corporate offices, research and educational facilities, light industry, hotels, warehousing, and similar uses. Employment Center lots shall generally be grouped together. FUTURE LAND USE-6111a 10 1 -6 Y99_1 A n— endrne nt 27 1999 0 • C. General Mixed Use Future Land Use Category Intensity Measures for Non - Residential MXDs Land Use Land Allocation Lot Coverage Height Open Space Min 15% Commercial Min 0% Max 50% Recreation Max 30% Max 4 Fl Commercial Min 0% Max 50% NI.: 2 F'. Max 60% No Max Industrial Min 0% Max 60% 1:I:: 2 Max 60% Max 4 Fl Institutional Min 0% Max 50% !1.-') Fl Max 60% Max 4 Fl Professional Office Min 2% Max 70% N .;- 2 Fl Max 60% No Max Land Uses are defined as set forth in the Future Land Use Element, with the exception of special land allocation, lot coverage and height requirements specified for Non - Residential MXD developments. 4. The individual uses, buildings and/or developments pods within MXD developments shall include interconnecting pedestrianways and plazas and shall provide connections to the Parkway System. Nonresidential uses shall have an internalized relationship with the residential component and multi - modal accessibility. FUTURE LAND USE 6199 1 -7 ff99 1 A u e nd ent n_A :u^.__ ')7 1 nnn • • 6. The density /intensity of existing or future land uses immediately surrounding the parcel are compatible with non - residential uses. 7. The adjacent surrounding planned and approved or existing built environment is over 60% residential, and non - residential uses are determined to provide for greater horizontal integration of uses. 8. Due to size or configuration of the parcel, the ability to provide an economically feasible, sustainable, integrated residential component that functions to enhance and complement the other MXD uses is limited. B. General Mixed Use Future Land Use Category Intensity Measures for Residential MXDs Land Use Land Allocation Lot Coverage Height Open Space Min 15% Neighborhood Min 2% Max 70% Min 2 F'. Commercial Max 30% Max 4 Fl Residential High Min 20% Max 50% r :i : F: Max 60% Max 4 Fl Residential Low Min 0% Max 50% Max -24 3 Fl Max 60% Employment Center Min 2% Max 70% Max 4 Fl Max 30% Special Definitions: Neighborhood Commercial land shall be used for community- serving retail, service, office and business uses. At least 25% of the of the gross square footage of the development shall be contained in buildings having a minimum of two floors and A-at least 25% of the gross square footage of the development net building area shall be designated for residential use and shall be located above the ground floor. At the discretion of the City Council, waivers from both requirements may be granted by the City Council. Residential High land in MXD projects shall have a maximum density of 15 units/acre as a bonus for consideration of planned, multi- faceted development: The area allocated for Residential Low land and Residential High land shall not exceed the 60% limitation, inclusive of both residential types. FUTURE LAND USE 6/99 1 -12 ^r3u.a .ce ')7 1 nnn • • • Employment Center land shall be used for corporate offices, research and educational facilities, light industry, hotels, warehousing, and similar uses. Employment Center lots shall generally be grouped together. C. General Mixed Use Future Land Use Category Intensity Measures for Non - Residential MXDs Land Use Land Allocation Lot Coverage Height Open Space Min 15% Commercial Min 0% Max 50% M;_ 2 Fa Recreation Max 30% Max 4 Fl Commercial Min 0% Max 50% Min 2 F: Max 60% No Max Industrial Min 0% Max 60% Min 2 Fl Max 60% Max 4 Fl Institutional Min 0% Max 50% Asi:. 2 Fl Max 60% Max 4 Fl Professional Office Min 2% Max 70% M;_ 2 ;✓1 Max 60% No Max Land Uses are defined as set forth in the Future Land Use Element, with the exception of special land allocation, lot coverage and height requirements specified for Non - Residential MXD developments. 4. The individual uses, buildings and/or development within NM developments shall include interconnecting pedestrianways and plazas and shall provide connections to the Parkway System. Nonresidential uses shall have an internalized relationship with the residential component and multi - modal accessibility. FUTURE LAND USE C/°° ±Hon ! Amendment 1 -13 --ance 27, 1999 253 • TABLE 2A: LEVEL OF SERVICE STANDARDS Facility Type Peak Hour Level of Service Standard Neighborhood Collector D City Collector D Non -FIRS roads that are part of the County Thoroughfare Plan: County Minor Arterial State Minor Arterial State Principal Arterial FIRS roads Beeline Highway (Northlake Blvd to CR711) 1..nvtipstidDSCIICT D E D D C L' +., +o D.-, ,l Au o ,1• D! �-..I. .. �oti� o ., TT S 1 Aft, T ne 4IT7 n . [[ 7nn i.,;l .,,..,. .,,,��.., — .... �..., ...,, .....,.. �'itl, .,.. ,,, ,........A. A lteemm,tc A 1 A; T bet,vice. A 1 +0.•.,.,te A 1 A +,-:.... --A '72 nnn A-1- +.4— .:,,,1 �.,.. ,..vaaau.v ..,. ,, .,,au .,..�.. .........,va ua., a.v . a... ..,... i- an and .-F.. .,..0 . ✓,vvv --..j AAF. 1 ion o..t,.ol.. ,--.+:1 D A :1 A ,,.d.a I.:t cr. ch ^^ �� .. iiYi ., . e,.A en .....b.. e..te Year 2001 in 7nn[ Soo D .,,. 1 1 < [ A c.-...• Nl.;l.;.t T, State M.- �°t..'°°„ A.,+L 1 41,0f) .4-1 T nS � 7Cr ,,y :;l aL. 1, --..y nl "A I +.4— - - +;1 r.o .o ,1,e_ 1 non and -nc . i.,--------------------------------- ].. Read fi•�.. n[ d.+„ T ne dirt' +;1 T n[ Colle.t,,• a j LS . .....�... -�.. ,� ido.,a.1 Q. D,, s , .. b expanded. TJ Year 2011 2015 TRANSPORTATION "8 2 -3 EAR -Rased A.,,e.,dm--„ +-- Ord;---nce .t 1008 C-1 • • Excepted Links: Roadway Segments Proposed LOS Proposed Daily Traffic Volumes Based on CRALLS Daily Traffic Volumes Based on Adopted I LOS State Principal Arterial: PGA Blvd. - U.S. 1 — Prosperity Farms Rd Prosperity Farms Rd — Kew Gardens Av. Kew Gardens Av. — Alternate A-1 -A Alternate A -1 -A — RCA Blvd. RCA Blvd. — I -95 I -95 — Military Trail Military Trail — Central Blvd. Central Blvd. — Florida Turnpike F 55,200 CRALLS 54,283 59,636 70,555 55,200 55,200 55,200 CRALLS CRALLS CRALLS 70,174 53,280 50,738 51,177 55,200 48,900 48,900 48,900 CRALLS CRALLS CRALLS State Minor Arterial: Military Trail Northlake Blvd. —1 -95 F 63,9000 until Dec. 1999 Ci Collector: Bums Road I -95 — Military Trail F TRANSPORTATION 61" EAR-Based Amc-idments 2-4 Ord'nanne A 1993 • d) Reducing conflicts between roadway and pedestrian or rail traffic; e) Providing adequate capacity for emergency evacuation; f) Providing standard signing and marking for roadways, bikeways, sidewalks, and intersections; g) Controlling access between dissimilar land uses; h) Regulating the length of cul- de- sacs;and i) Road drainage. Objective 2.15.: To continue coordinating Transportation planning with the future land uses shown on the Future Land Use Map of this plan, the FDOT Five Year Transportation Plan, plans of neighboring jurisdictions, and Palm Beach County transportation and future land use plans. Policy 2.1.5.1.: The City shall review subsequent versions of the FDOT Five Year Transportation Plan and Palm Beach County Five -Year Road Improvement Program in order to update or modify this element, if necessary. Policy 2.1.5.2.: The City shall review for compatibility with this element, the transportation plans and programs of the unincorporated County and neighboring municipalities as they are amended in the future. 0 Policy 2.1.5.3.: The City shall coordinate with State and County traffic agencies to change the classification of Holly Drive on plans and models to that of a neighborhood collector. Objective 2.1.6.: To continue to plan for parkways, pedestrian and bicycle facilities. The City shall continue to plan for and provide transportation facilities to encourage various modes of transportation. The City shall also plan and provide for alternate routes to major arterials within the City Center area, which is bounded by PGA Blvd. to the south, Prosperity Farms Road to the east, Atl. A -1 -A to the west, and Atlantic Avenue to the north. Accordingly, the City adopts and incorporates into the Conceptual Thoroughfare Plan map the City Center Linkages Plan for the City Center area to serve as alternate routes to PGA Blvd., Prosperity Farms Road, and Alt. A -1 -A, and other major thoroughfares within the City. The plan provides facilities for vehicles, pedestrians, as well as bicyclists within the right -of way. Policy 2.1.6.1.: The City shall require that specific corridors be constructed as parkway facilities and the City shall require individual developments to dedicate the needed right -of -way during the site plan review process, be consistent with, and conform to the City Center Linkages Plan. However, the City Council may in its discretion accept a perpetual public access easement in lieu of dedication of right -of -way on tertiary roads only. This shall apply only to tertiary roads that are part of the City Center Linkages Plan. Individual developments required to dedicate rights -of -way or perpetual public access easements shall be granted credit toward the City's road TRANSPORTATION "8 2 -13 , CAR-B-- .coc! Amcndmcnts ordinnncc A 1998 • impact fee. Roadway alignments, right -of -way, cross sections and construction of each link shall be consistent with the standards specified in the City's Land Development Regulations. However, granting of waivers may permit minor deviations from the plan and or roadway construction standards affecting such links. Such waivers are granted only by the City Council acting upon a recommendation from the Planning and Zoning Commission. The City reserves the right to expand the laneage within the right -of -way and or the right -of -way itself, if so determined by the City, should the need arise in the future on roads upon which the City is granted perpetual public access easements. Maintenance of such roads shall be the sole responsibility of the property owners /developers. Policy 2.1.6.2.: The parkways are shown on Maps A and I and include the following facilities: 1) PGA Boulevard from Beeline Highway to Central Boulevard. 2) Central Boulevard from PGA Boulevard to Donald Ross Road. 3) Donald Ross Road from Prosperity Farms Road westward to the Palm Beach Gardens city limits. 4) Beeline Highway from PGA Boulevard to the Caloosa subdivision. 5) Hood Road from Prosperity Farms Road to a future North -South Artery west of Florida's Turnpike. 6) Future North -South Artery west of Florida's Turnpike. 7) Future East -West Artery north of PGA Boulevard and south of Hood Road. Policy 2.1.6.3.: The parkways shall include pedestrian ways within the additional rights -of -way. Policy 2.1.6.4.: The designated rights -of -way for parkways shall be 300 -400 feet. The "right -of- way" may be averaged, with City Council approval, to include in the calculation restored wetlands and upland habitat set aside on the site in order to maintain a native greenway and promote "linkages" of the natural environment, including wildlife corridors. Hood Road between Prosperity Farms Road and Central Boulevard shall receive 'parkway treatments' within a 55' corridor. Objective 2.1.7.: The City shall encourage the use of public transit, bicycle, and pedestrian paths within City boundaries and in conjunction with surrounding municipalities through use of the Parkway System and support of Palm Tran and Tri -Rail. Policy 2.1.7.1.: The City shall continue to require new developments to construct bicycle and pedestrian ways within and on roadways adjacent to those developments and to identify future on- site centralized transit pick -up /drop -off points. Policy 2.1.7.2.: The City shall continue to provide Palm Tran, the local transit authority, with employment and development activity on projects within the City in order . to identify potential sources of and destinations for people using transit and assist them in the extension of transit service in the City as ridership need is identified. TRANSPORTATION 2 -14 CAR -BaScd Amendment- A 100A E CITY OF PALM BEACH G ARDENS CONCEPTUAL THOROUGHFARE PLAN ROADS 1. Burma Road extension to Northlake Boulevard Reliever. 2. F:irc::i.d cx'° .sic.. �c::�:c�* cc:., n v...,..inCn D-1--A - to Cm ..,._- n..;.,° .. n . r ._.. ay P L .,.,..L., ...L,. ..Y..J �,...., 3. Alternate AlA bypass (west of Alt. Al A) from RCA Boulevard to north of PGA Boulevard, connecting Military Trail turnout. 4. Gardens Boulevard from Alternate A I A to Prosperity Farms Road. 5. Flamingo Road from Prosperity Farms Road (Frenchman's Landing) to Hood Road/Alternate AIA. V. Hood Road V/.. VLLJLVLL LV 1 .VJF/VL LL 7. Donald Ross Road extension from 69th Drive to Alexander Run/Jupiter Farms. 8. Alexander Run from Beeline Highway to future Donald Ross Road. 9. Coconut Boulevard extension from Northlake Boulevard to Beeline Highway. 10. Future 101st Street from Seminole Pratt Whitney Road to Coconut Boulevard. 11. Shady Lakes extension to 117th Court North. 12. 117th Court North from Florida's Turnpike to Shady Lakes. 13. Hood Road protected as six -lane ultimate section (Turnpike east to Prosperity Farms Road). 14. Florida Boulevard from Lone Pine extension to Central Boulevard. 15. New facility midpoint of Donald Ross Road and Hood Road from Alternate AIA to west of Central Boulevard and north to Donald Ross Road. 16. Elm Avenue extension to Hood Road. 17. Right -of -Way for I95 /Central Boulevard Interchange. 18. BallenIsles Drive extension north to 117th Court North extension. in .,. o Jct.. .°t °.t 11t ;a° B �t.. L1V.. 1„LJ..,.t C c ...�.yW. LV. � ....... ..° �a �nt° INTERGOVERNMENTAL COORDINATION ELEMENT Goals, Objectives and Policies GOAL 8.1.:: ESTABLISH EFFECTIVE COORDINATION MEASURES AMONG ALL PERTINENT PUBLIC AND QUASI - PUBLIC ENTITIES SO TO BEST MAINTAIN PALM BEACH GARDENS' QUALITY OF LIFE AND EFFICIENT USE OF RESOURCES. Objective 8.1.1.: The City shall continue to maintain formal, specific means of coordination with adjacent municipalities, the county, state, and federal agencies who have permitting and regulating authority, and quasi -public entities which provide services but lack regulatory authority in Palm Beach Gardens. Policy 8.1.1.1.: The City shall encourage the implementation of the Conceptual Master Plan for the U. S. 1 Corridor in Northern Palm Beach County known as the "seven- cities plan." Potential developments along U. S. 1 within the City's jurisdiction will be encouraged to conform with said plan. The City shall also provide support and assistance to nearby jurisdictions in obtaining funding for the implementation of the plan from regional, state, and federal agencies. Policy 8.1.14.2: The City, through its involvement with Seacoast Utility Authority and in conjunction with the City Engineer, shall review all plans for water and sewage systems when these improvements are to be maintained by the city after construction. Policy 8.1.14.3: The City shall notify Palm Beach County and surrounding municipalities in writing (prior to the application being considered by the City Planning and Zoning Commission) of all development applications received by the City requiring a Development Review Committee meeting. Policy 8.1.13.4: Palm Beach Gardens shall request that the state regulatory agencies create liaisons with the City. For example, the SFWMD recently implemented a program which has assisted liaison within the county. Policy 8.1.1:x.5: Through the City Council, the City Manager shall be responsible for ensuring an effective intergovernmental coordination program for Palm Beach Gardens. Policy 8.1.1.3.6: The City shall utilize the Palm Beach Countywide Intergovernmental Coordination Process as a regular formal forum in which to deal with issues unique to Palm Beach County and the municipalities therein. The Multi - Jurisdictional Issues Coordination Forum shall be utilized as a means of collaborative planning for matters of intedurisdictional significance including, but not limited to, the siting of facilities with countywide significance and locally unwanted land uses. INTERGOVERNMENTAL COORDINATION 8 -1 to fulfill the city's legal commitment to provide facilities and services, or to preserve or achieve full use of existing facilities or to eliminate existing capacity deficits; 2) Whether the project increases efficiency of use of existing facilities, prevents or reduces future improvement cost, provides service to developed areas lacking full service, or promotes infill development; and 3) Whether the project represents a logical extension of facilities and services. 4) Whether the project is consistent with the location needs based on the projected growth patterns, the accommodation of new development and redevelopment facility needs, and the plans of state agencies and South Florida Water Management District (SFWMD) that provide public facilities within the City's jurisdiction. 5) Whether the project is consistent with the Urban Growth Boundary philosophy of urban vs. rural characteristics and service provision. Objective 9.1.2.: future development shall bear a proportionate cost of facility improvements necessitated by the development in order to maintain adopted LOS standards. Policy 9.1.2.1.: The City shall continue to collect a countywide transportation impact fee to assess new development a pro rata share of the costs required to finance transportation improvements necessitated by such development and shall consider adopting a city road impact fee for neighborhood collectors and local roads of City responsibility. The City shall grant credit toward the City's road impact fees to individual development required to dedicate rights -of -way or perpetual public access easements for the purpose of implementing the City Center Linkages Plan. These roadways shall be developed by individual landowners whose developments will have a direct benefit by having access onto these roads. Policy 9.1.2.2.: The City shall continue its program of mandatory dedications or fees in lieu of as a condition of development approval for the provision of recreation and open space. Policy 9.1.2.3.: The City shall periodically review the adequacy of impact fees levied to fund the following capital facilities needed to support new growth: 1) Park and recreation sites and facilities; and 2) Law enforcement and emergency services. CAPITAL IMPROVEMENTS 6/98 9 -2 EARu...+cu aa..a. -. a.a caa -anCC i i 0 CITY OF PALM BEACH GARFDENS CITY COUNCIL Agenda Cover Memorandum Date: 11/6/00 Meeting Date: 11/16/00 Subject/Agenda Item Resolution 85, 2000, Approving the 2000 -2001 Job Classification and Salary Plan Recommendation/Motion: Consider a motion to approve Resolution 85, 2000 Reviewed by: Originating Dept.: Costs: $ 0 Council Action: City Attc (Total) Human Resources [ ] Approved $ 0 Current FY Finance kKo [ ] Approved w/ conditions ACM Funding Source: [ ] Denied Advertised: Date: [ ] Operating [ ] Continued to: Other Paper: ( ] Other [X] Not required Affected parties: Budget Acct. #: Submitted by: Attachments: Mary L. Smith [ ] Notified Memorandum Department Director [X] Not required Approved by: [ ]None City Manage BACKGRO D: See attached memorandum. ® CITY OF PALM BEACA GAZI V ♦ V MEMORANDUM TO: Ron Ferris, Interim City Manager DATE: 11/06/00 FROM: Mary L. Smith, Interim Human Resources Director SUBJECT: 2000 -2001 Job Classification and Salary Plan I have attached the copy of the proposed Job Classification and Salary Plan for the current budget year. Each year the Human Resources department prepares a comprehensive listing of all position titles approved for the current budget year, and the corresponding salary ranges for each position. This document is scheduled to be approved by Resolution by the City Council at the November 16th meeting. As you and I have discussed earlier, the position titles are in the approved budget document, and in each individual approved position description. Each department is responsible for budgeting dollars to pay the salaries of employees hired or already employed in each of these positions. Each year we provide cross reference sections to provide easy access to the information for each position. We will be adding all the cross reference sections to the final document before it is distributed to the department directors. These sections are as follows: alphabetical by position title, numerical by salary grade, and numerical by job code number. The heart of the plan is the attached section fisting all positions by department. This Job Classification and Salary Plan provides guidelines to ensure that employees are paid within the salary range approved for each position. Please approve this item for the agenda packages for the Council members. • 0 RESOLUTION 85, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ADOPTING A WAGE AND COMPENSATION PLAN FOR JOB CLASSIFICATIONS FOR THE PERSONNEL PROGRAM OF THE CITY OF PALM BEACH GARDENS, FLORIDA; PROVIDING FOR REPEAL OF ALL RESOLUTIONS IN CONFLICT OR PARTS OF RESOLUTIONS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council authorized a study to be done on the wages and compensation of job classifications within the Personnel Program of the City, per Section 3 -24 of the Personnel Program; and WHEREAS, the City Council has reviewed and approved said study. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council hereby adopts a wage and compensation plan for job classifications within the Personnel Program of the City of Palm Beach Gardens, Florida, as attached hereto and incorporated herein as Exhibit "A ". SECTION 2. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 3. This Resolution shall be effective upon its adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF ATTEST: Joseph R. Russo, Mayor APPROVED AS TO LEGAL FORM AND SUFFICIENCY. Carol Gold, CMC, City Clerk City Attorney VOTE: AYE NAY ABSENT Mayor Russo Vice Mayor Jablin Councilwoman Furtado . 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Q to 0 Gam+ cA O O N w w ; R U G p u R 0. r cd rA u x 14 i o OJ o. > cd a � C a a .Q o >' r - -d a � 3 3 cd o v N N 0 � �c 3 3 n° o a°i a`ni + 0 0 O O C co O O co 0 `� O N E 4 4- 0 0 M t�•r • CITY OF PALM BEACH GARDENS CITY COUNCIL I Agenda Cover Memorandum Meeting Date: November 16, 2000 Date Prepared: September 27, 2000 SUBJECT /AGENDA ITEM Consideration of Approval: Resolution 91, 2000, a request for site plan approval of an 8,620 square -foot fire /police station. RECOMMENDATION Staff recommends approval of Resolution 91, 2000, which contains conditions of approval. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorne Growtt Management [ ] Approved Finance NA r/ j $ [ ] Approved w/ ACM Current FY conditions Human Res. NA [ ] Denied Advertised: Other NA Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: • Resolution 91, 2000 Paper. [X] Not Required [ ]Other � e o Gro Management Affected parties Budget Acct. #:: Director [ ] Notified [ ] None Approved by: City Manager [X] Not required REQUEST Gee & Jenson E -A -P, Inc., agent for the City of Palm Beach Gardens, is requesting approval of a site plan for an 8,620 square -foot fire /police station that will include a 3,363 square -foot fire station, a 3,448 square -foot truck bay, a 1,809 square -foot police sub- station, and a future 4,500 square -foot training facility in phase 2. The 8 -acre site is located on the northeast corner of Howell Lane and Northlake Boulevard. (14- 42S -42E) �1 6pk City Council Meeting Date: November 16, 2000 Date Prepared: September 2T, 2000 Petition SP -0042 BACKGROUND The 8 -acre site was originally given to the City by the Ballenlsles residential development to meet a Community Impacts condition listed under Ordinance 8, 1989. The site had a future land use of Recreation Open Space (ROS), however, the land use was subsequently changed to Public (P), and the site was given to the Fire and Police Departments for their use. The site will house a 3,363 square -foot fire station, a 3,448 square -foot truck bay, a 1,809 square -foot police sub - station, and a future 4;500 square -foot training facility in phase 2 of the site. The location of the site on Northlake Boulevard, west of Military Trail, will enable the station to provide emergency services (with a reduced response time) to the residential and non - residential developments nearby, including Ballenlsles, Gardens Hunt Club, Cypress Hollow, Horseshoe Acres, and Christ Fellowship Church. LAND USE & ZONING The subject site is zoned Public or Institutional (P /1), has a future land -use designation of Public (P), and is listed as Recreation Open Space (ROS) on the Vision Plan. For a complete listing of adjacent uses, land -use designations and zoning districts, see Table 1 on the following page. Table 2 on page four (4) examines how consistent the proposed project is with the City Code and future land -use designation for the site. CONCURRENCY The proposed project received concurrency certification on July 7, 2000, which included concurrency for traffic, drainage, solid waste, sewer and water. Per the May 8, 2000 traffic statement prepared by Maria Tejera Palombo, P.E., the buildout date for this project is December 31, 2001. PROCEDURE This is a request for site plan approval. The request is reviewed by City Staff and the Development Review Committee, who forward comments and recommendations to the Planning and Zoning Commission. Acting in an advisory role, the Commission considers the recommendations of the DRC and City Staff and makes a recommendation to the City Council. The City Council reviews the request for site plan approval, and makes a final determination of approval, approval with conditions, or denial. 0 2 U-.� • • Subject Property Vacant/Undeveloped North Ballenlsles South Hidden Hollow Public or Institutional (P /I) Residential Medium Density (RM) City Council Meeting Date: November 16, 2000 Date Prepared: September 27, 2000 Petition SP -00-12 Public (P) Residential Medium (RM) Residential Low Density — Residential Low (RL) 3 (RL -3) with a Planned Unit Development (PUD) overlay West Church Day Camp in Agricultural Residential Agricultural Residential Unincorporated Palm (AR) (AR) Beach County East FPL Square Lake Public or Institutional Public Substation (P /I) (P) Private Nursery in Agricultural Residential Agricultural Residential Unincorporated Palm (AR) (AR) Beach County 3 • City Council Meeting Date: November 16, 2000 Date Prepared: September 27, 2000 Petition SP4)0 -12 PROJECT DETAILS Buildinq Site The 8 -acre site is located on the northeast comer of Howell Lane and Northlake Boulevard. The site will house an 8,620 square -foot fire /police station that will include a 3,363 square - foot fire station, a 3,448 square -foot truck bay, a 1,809 square -foot police sub - station, and a future 4,500 square -foot training facility in phase 2 of the site. 4 -»x n.: Code�Req ���ment ' CO'RS1SeIlt`?t? � P�..P°�Se��P�. gin. •�;��1 . . �.u,° at- Site = Public or Fire and Police Station Yes Institutional P/I Minimum Site Area for P /I: 348,480 square feet Yes 15,000 square feet (8 acres) Minimum Lot Width for P /I: 310 feet Yes 100 feet Maximum Lot Coverage 4% Yes for P /l: 40% Maximum Building Height 33.3 feet Yes for P /l: 45 feet i Front Setback for P /I: 159.4 feet Yes 25 feet i Side Setback for P /I: 89.2 feet Yes 15 feet i Side Setback Facing a 34.75 feet Yes Street for P /l: 15 feet Rear Setback for P /I: 1,055 feet Yes 15 feet PROJECT DETAILS Buildinq Site The 8 -acre site is located on the northeast comer of Howell Lane and Northlake Boulevard. The site will house an 8,620 square -foot fire /police station that will include a 3,363 square - foot fire station, a 3,448 square -foot truck bay, a 1,809 square -foot police sub - station, and a future 4,500 square -foot training facility in phase 2 of the site. 4 • City Council Meeting Date: November 16, 2000 Date Prepared: September 2T, 2000 Petition SP -00-12 Site Access The site will have two (2) curb cuts along Northlake Boulevard and three (3) curb cuts along Howell Lane. The site will also have an access easement through it that will serve the FPL substation along the northeast boundary of the site. Si_gnage One monument ground sign is proposed. The 4 -foot high X 4.5 -foot wide monument sign will face Northlake Boulevard. The building will also have directional wall signage stating "Fire Rescue" and "Police ". Parkinq The City's Land Development Regulations require a total of 44 parking spaces for phasel and 2, and the applicant has provided 44 parking spaces. Landscaping/Buffering The site will have a 15 -foot landscape buffer along its boundaries with Northlake Boulevard and Howell Lane, and an 8 -foot landscape buffer along all other site boundaries. The northern most section of the site (bordering the FPL substation) will be used solely for drainage and screening purposes, and will include a .74 -acre lake. Phasinq The proposed development will be constructed in two (2) phases. The future second phase will house a 4,500 square -foot training facility and will be required to obtain site plan approval from the City; concurrency and conditional use for the future second phase shall be established with the approval of this petition. Traffic concurrency will expire on December 31, 2001. Drainage The proposed project will utilize on -site inlets, culverts, swales, and facilities for both dry detention and wet retention. The outfall from the project site is via a proposed drainage structure located in the northwest corner of the parcel. This structure will be connected to N.P.B.C.I.D. Unit Number 31 (Ballenlsles, Basin 3C) drainage system by a storm drainage system located within Howell Lane. Discharge will be limited to the allowable rate for the SFWMD C -17 canal. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) Northern Palm Beach County Improvement District NPBCID has stated that the site is located within Unit of Development Number 12, and that the applicant will be required to apply for and obtain a NPBCID Standard Permit (see attachment). • • City Council Meeting Date: November 16, 2000 Date Prepared: September 27, 2000 Petition SP -00 -12 To date, no objections have been received from the following departments and agencies: Planning and Zoning Division, Building Division, Fire Department, Police Department, Parks & Recreation Department, Public Works Department, City Engineering, City Legal, Seacoast Utility Authority, Palm Beach County School District, South Florida Water Management District, Waste Management, and Florida Power & Light. PLANNING & ZONING COMMISSION The Planning and Zoning Commission heard this petition as a workshop on September 12, 2000, and as a recommendation to City Council on September 26, 2000. The Commission voted 6 — 0 to recommend approval of petition SP -00 -12 with the conditions recommended by Staff. CITY COUNCIL City Council approved the conditional use petition for this site (CU- 00 -01) on first reading at their October 19, 2000 meeting. OUTSTANDING ISSUES To date, there are no major outstanding issues regarding this petition. RECOMMENDATION Staff recommends approval of petition SP -00 -12 with the following conditions: 1. Prior to the issuance of a building permit, the applicant shall apply for and obtain a Northern Palm Beach County Improvement District Standard Permit. (Planning & Zoning) 2. Upon approval of the development order, the applicant shall secure a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water and /or Sewer Service," which shall be verified by the delivery of a fully executed copy of the document to the Planning & Zoning Division within 30 days of granting of the development order. (Planning & Zoning) 3. The dead -end parking on site shall be marked with signs indicating for use by City Staff only. (Planning & Zoning) 4. The build -out date of this project is December 31, 2001 as referenced in the May 8, 2000 traffic impact analysis prepared by Maria Tejera Palombo, P.E. g(ohn: sp0012.cc 0 September 27, 2000 RESOLUTION 91, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM THE CITY OF PALM BEACH GARDENS FOR A SITE PLAN FOR AN 8,620 SQUARE -FOOT FIRE /POLICE STATION THAT WILL INCLUDE A 3,363 SQUARE -FOOT FIRE STATION, A 3,448 SQUARE -FOOT TRUCK BAY, A 1,809 SQUARE -FOOT POLICE SUB- STATION, AND A FUTURE 4,500 SQUARE - FOOT TRAINING FACILITY IN PHASE 2, LOCATED AT THE NORTHEAST CORNER OF HOWELL LANE AND NORTHLAKE BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from the City of Palm Beach Gardens for site plan approval for an 8,620 square -foot fire /police station (including a 3,363 square -foot fire station, a 3,448 square -foot truck bay, a 1,809 square -foot police sub - station, and a future 4,500 square -foot training facility in phase 2), to be located at the northeast corner of Howell Lane and Northlake Boulevard, as more particularly described in Exhibit °A" attached hereto; and WHEREAS, the 8 -acre "Fire /Police Station #3" site is currently zoned Public or Institutional (P /1); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of said application; and WHEREAS, the City's Planning and Zoning Commission has reviewed said application and recommended that it be approved; and 0 7 Resolution 91, 2000 Meeting Date: November 16, 2000 Date Prepared: September 27, 2000 Petition SP -00 -12 WHEREAS, the conditional use approval for this site shall be accomplished through the adoption of Ordinance 29, 2000; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the conditional use for a 8,620 square -foot fire /police station at the northeast corner of Howell Lane and Northlake Boulevard, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, to permit the construction of a 3,363 square -foot fire station, a 3,448 square -foot truck bay, a 1,809 square -foot police sub - station, and a future 4,500 square -foot training facility in Phase 2 of the development. SECTION 2. Said site plan is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1. Prior to the issuance of a building permit, the applicant shall apply for and obtain a Northern Palm Beach County Improvement District Standard Permit. (Planning & Zoning) 2. Upon approval of the development order, the applicant shall secure a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water and /or Sewer Service," which shall be verified by the delivery of a fully executed copy of the document to the Planning & Zoning Division within 30 days of granting of the development order. (Planning & Zoning) 3. The dead -end parking on site shall be marked with signs indicating for use by City Staff only. (Planning & Zoning) 4. The build -out date of this project is December 31, 2001 as referenced in the May 8, 2000 traffic impact analysis prepared by Maria Tejera Palombo, P.E. • 8 • • Resolution 91, 2000 Meeting Date: November 16, 2000 Date Prepared: September 27, 2000 Petition SP -00 -12 SECTION 3. Construction of the site plan shall be in compliance with the following plans on file with the City's Growth Management Department: Official Exhibits (dates represent date received and stamped in): 1. September 22, 2000 Site Plan, Gee & Jenson, Sheet S1 and S2 (2 sheets total). 2. September 22, 2000 Landscape Plan, Gee & Jenson, Sheet 1-1.1 and 1-1.2 (2 sheets total). 3. September 22, 2000 Landscape Details and Plant List, Gee & Jenson, Sheet 1-1.3 (1 sheet total). 4. September 22, 2000 Landscape Specifications, Gee & Jenson, Sheet 1-1.4 (1 sheet total). 5. September 22, 2000 Irrigation Specifications, Gee & Jenson, Sheet 1-1.5 (1 sheet total). 6. September 22, 2000 Median Landscape and Irrigation Plan, Gee & Jenson, Sheet 1-1.6 (1 sheet total). 7. September 22, 2000 Median - Irrigation Notes and Details, Gee & Jenson, Sheet 1-1.7 (1 sheet total). 8. September 22, 2000 Floor Plan, Gee & Jenson, Sheet A2.1 (1 sheet total). 9. September 22, 2000 Building Elevations, Gee & Jenson, Sheet AV (1 sheet total). 10. September 22, 2000 Roof Plan, Gee & Jenson, Sheet A4.1 (1 sheet total). 11. September 22, 2000 Electrical Site Plan, Gee & Jenson, Sheet E1.2 (1 sheet total). 12. September 22, 2000 Site Lighting Calculations, Gee & Jenson, Sheet E100 (1 sheet total). 13. June 21, 2000 Boundary & Topographic Survey, Lindahl, Browining, Ferrari & Hellstrom, Inc., Sheet 1 of 1 (1 sheet total). SECTION 4. The approval expressly incorporates and is contingent upon all representations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 5. If any section, paragraph, sentence, clause, phrase, or word of this Resolution is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Resolution. 9 • Resolution 91, 2000 Meeting Date: November 16, 2000 Date Prepared: September 27, 2000 Petition SP -00 -12 SECTION 6. All resolutions or parts of resolutions of the City of Palm Beach Gardens, Florida, which are in conflict With this Resolution are hereby repealed. SECTION 7. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF 2000. MAYOR JOSEPH R. RUSSO ATTEST BY: CAROL GOLD CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO gfjohn: sp0012.res rl 10 Resolution 91, 2000 Meeting Date: November 16, 2000 Date Prepared: September 27, 2000 Petition SP -00 -12 EXHIBIT "A" (PROVIDED BY CLIENT — O.R.B. 6441. PG. 1405)(H) THAT PORTION OF SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST IN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 460.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION WITH THE WEST LINE OF THE EAST 430.00 FEET OF SAID SECTION; THENCE SOUTH 01'43'07" WEST ALONG SAID WEST LINE A DISTANCE OF 460.00 FEET TO THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 88'27'48" EAST ALONG SAID SOUTH LINE A DISTANCE OF 98.79 FEET TO THE WEST LINE OF THE EAST HALF (OF THE SOUTHEAST ONE— QUARTER) OF THE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE SOUTH 01'44'52" WEST ALONG SAID WEST LINE A DISTANCE OF 664.68 FEET TO THE SOUTH LINE OF SAID SECTION; THENCE NORTH 88'30'27" WEST ALONG SAID SOUTH LINE A DISTANCE OF 331.55 FEET TO THE WEST LINE OF THE EAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE NORTH 01'46'37" EAST ALONG SAID WEST LINE A DISTANCE OF 1,124.94 FEET TO SAID NORTH LINE OF THE SOUTH 460.00 FEET OF SAID NORTH- EAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE CONTINUE NORTH 01'46'37" EAST ALONG SAID WEST LINE A DISTANCE OF 92.10 FEET; THENCE SOUTH 88'27'48" EAST A DISTANCE OF 231.87 FEET TO SAID WEST LINE OF THE EAST 430.00 FEET OF SAID SECTION; THENCE SOUTH 01'43'07" WEST ALONG SAID WEST LINE A DISTANCE OF 92.10 FEET TO THE POINT OF BEGINNING. 0 11 JU- -19 -2000 0906 - N.P.B.C. IMPROVEMENT DIST 561 624 7839 P.01/01 NO► .11ERN PALM REACH COUNT, )4PROVEMENT DIS'T'RICT 357 HIATT DRIVE. PALM BEACH GARDENS. FLORIDA 33d18 . 561- 624 -7630 . FAX 561.624 -7659 • w T\ n July 18, 2000 John Lindgren, City Planner VIA FAX ONLY 799 -4281 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 334104698 Re: Development Review Committee SP -00 -12 -City of PBG Fire/Police Station #3 Unit of Development No. 12 Dear Mr. Lindgren: We are in receipt of your memorandum dated July 18, 2000 to the Development Review Committee members regarding the referenced site plan application. The referenced project i:% located within Unit of Development No. 12 and will be required to apply for and obtain a Northern Standard Permit. Please feel free to contact me if you have any questions regarding this matter. Thank you for your cooperation. ' N TCR:vb1 TOTAL • • • �w'�i, NY:d 31H Y ��� g • Sb w ■6 W a �ecaQrw ►aria rrna 81810300 wvm rgwj ca AID lu Z j�' =' emw BonOcl+3UW SNBGJM IM rfWd c U i_°= 5 cr 9 ----- - - ^ - -- dWFAi7no6 7 mvi77HI9 iI I (►va) 1 ' � 1 111 FF 1 1 1 I 1 1 t 1 1 1 1 1 I 1 1 ,1 1 1 1 1 1 1 1 1 1 i I 1 I 1 1 e .1 Q it 5 �Ie� 1 8>fi �8 Al Up I ILA � 8 I 1 ' 1I I 1 I 1 6 1 4 1 1 or1y 1 , / 1 1 I Iv I 1 Jl v.1w.� .r. w ..w. � w .w �v •..« .w..� .+w CIF Y °am 8 (LS 13316 335) 3N11 {a1y11 / U i_°= 5 cr 9 ----- - - ^ - -- dWFAi7no6 7 mvi77HI9 iI I (►va) 1 ' � 1 111 FF 1 1 1 I 1 1 t 1 1 1 1 1 I 1 1 ,1 1 1 1 1 1 1 1 1 1 i I 1 I 1 1 e .1 Q it 5 �Ie� 1 8>fi �8 Al Up I ILA � 8 I 1 ' 1I I 1 I 1 6 1 4 1 1 or1y 1 , / 1 1 I Iv I 1 Jl v.1w.� .r. w ..w. � w .w �v •..« .w..� .+w • • 0 i +I 1 I ' 1 1 1� i ww3w NJ! GFOMW ►arcs WWJ do uc W z fl, MIS 3OflOdi-3HL-J SI J *-M rfWd (5-3 1 4 8 1 1 I 1 K , 1 I� l J_Jil i lie 1 J1-J ti i �1 l+ 1 I 1 11 .LL 3Nn lotvn ILA 531S1 N3TV8 i A f (m) _ k gQZQ6 J j a.awu ~ _4 �tw 3 E t Gixigj 4 iI3fill e I { y I ' - 1 - - - -- -- - - - --J 4cu a. nv� ra �ay.m> aaevmw YM'MM N 40RYJ IIQI . OILH Ymq„ A I 1 I� I� I 1 I 1 1 I 1 ' 1 1 � 1 1 I 1 1 I II I 1 1 1 1 I 1 , I, I , 1 I 1 -y 1 II 1 1 r, 1 I I 1 I 1 1 155 ,�1 1 1 I 1 K , 1 I� l J_Jil i lie 1 J1-J ti i �1 l+ 1 I 1 11 .LL 3Nn lotvn ILA A i A f :1 _ k gQZQ6 A L 1 L j a.awu ~ _4 �tw 3 E t Gixigj 4 iI3fill e �d { y I ' b 6� ifli ( �( 1 � I w ( i � d A 31333331 I!B 13 r t _ �i � � e 11 3 • 10 r i CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: 11/16/2000 Date Prepared: 09/25/2000 Subject/Agenda Item: Construction of Equipment Shelter at Sea Coast Utilities Recommendation/Motion: Staffrecommends approval of Motorola's Proposal to Build a Structure to House radio receivers for Public Safety radio Communications at Sea Coast Utilities Reviewed by: Originating Dept.: Police City Attorney Finance 1< ACM Human Res. Advertised: Date: Costs: $ 143,000.00 Total $ Current FY Funding Source: [ ] General Fund Council Action: [ )Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Other Paper: [ x ] Other 1)Seacoast Agreement 2)Motorola 1996 IMPACT FUND Communication Agreement 3) Motorola August 09, 2000 Communication it Agreement "A E mitted [ x ] Not Required Dep ent Director Affected parties Budget Acct. #: Approved by: [ ] Notified [ ] None City Manag [ ] Not required BACKGR04: In 1996, the City of Palm Beach Gardens purchased the radio equipment to convert our radio communications over to an 800 MHz trunking radio system to provide better communications for public safety personnel. By working with the City of West Palm Beach we were able to reduce radio system costs and reduce reoccurring maintenance expenditures. As part of that contract for the new radio system working properly, a radio tower structure or antenna site was to be located along with a building to house the radio receiver equipment. After efforts, to obtain a site and structure with the private sector failed, attempts were made to co- locate our equipment with Palm Beach County, whom at the time was looking to build a tower in the north end of the County for their new radio system. However, a site suitable for both parties could not be located. We revisited our options for a radio receiver site and a temporary transmit site because of the construction of the new municipal complex. We contacted SEACOAST Utilities Authority for possible use of their water tank as an antenna site and a small section of land for a building to house our radio receivers. An agreement was signed with SEACOAST on August 6, 1998, which solved both transmit and receive issues. After which, the Motorola receiver equipment contract was re- negotiated and the planning for the project to house the receivers began. It is desired that Motorola handle the entire project of the installation of all radio equipment and the construction of the site so as to have complete responsibility from end to end of a very complex radio receiver project. Several building designs and sizes were considered in an effort to keep costs at a minimum and still have sufficient space for current equipment and growth for future expansion. Building specifications as follows: Building Specifications - Concrete Shelter proposed will have standard construction featuring block wall (8 inch) concrete design with high strength steel rebar reinforced concrete. Shelter will be designed to be waterproof, provide (2) hour fire rating per (UBC) and virtually maintenance free. The outside dimension will be 10' x 14' x 9'. Cable trays 12 inches wide placed 96" above finished floor, cable tray runs from cable entrance port to opposite side of building. A cross member cable tray will connect a second cable tray running down the length of the second row of equipment. Grounding - A ground halo will be installed around the building and connected to the site ground halo. The ground halo, buried 24 inches below grade, should be a minimum number 2 solid copper ground wire attached to ground rods. The building ground rods are to be located at all four corners of the building and one every 15' on the sides of the building per Motorola's R- 56 manual. The tower and building ground halos are to be connected by a single run of minimum number 2 solid copper ground wire. All connections are to be cadwelded. The 3/4" x 8 -foot ground rods are to have PVC inspection ports over each cadweld location. The fence is to be grounded to the halo at all four corners. The gate of the fence is to be cadwelded to the main run of fence. Fence - A seven -foot fence is to be provided and installed around the building. The fence is to be connected, by cadweld, to the site ground halo. The fence shall be five feet from the tower and building where possible. Existing Fences — This request for services makes no provision for removal of existing fences. The new fence shall be attached to the old fence for security purposes were applicable. Site Finish Grading — The site will be finished graded to a smooth surface without ruts and/or depressions. The site shall be seeded with like grass seed for erosion control. This proposal does not include sod, gravel, or foliage to finish the area. The grading will be confined to the area disturbed during the construction of the site. Electrical Drop - It is the responsibility of Motorola to prepare the site and coordinate with the • • [7 local power company for power access to the site. The power shall be ordered by the City of Palm Beach Gardens. The point of demarcation for the power is to be at a power panel within 20' of the building. The power panel shall be installed by Motorola. Antenna & Transmission Lines - Antenna and transmission line are currently existing, provided the structure is built within thirty (30) feet of the tower leg. Cable Entry Port - Motorola will supply a transmission line entry port plate with the building installation. An entry plate will be provided on the external and internal opening; two plates per wall penetration. Grounding Buss Bar - A grounding Buss bar is to be supplied and installed at each location at the bottom of the tower where the transmission lines will exit the tower base. This ground buss is to be grounded to the tower ground halo by cadweld. Roads/Parking Areas - No road improvements are required. RECOMMENDATION: Staff recommends that council approve the Motorola proposal to construct the receiver site structure for $143,000. This will allow for the installation of 15 trunking radio receivers and complete the last section of our system. • RESOLUTION 104, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MOTOROLA, INC.;_ FOR CONSTRUCTION OF EQUIPMENT SHELTER AT SEACOAST UTH.ITY AUTHORITY. WHEREAS, Motorola will construct a communications equipment structure at Seacoast Utility Authority at Hood Rd. in Palm Beach Gardens, Florida, and WHEREAS, the City Palm Beach Gardens and Seacoast Utility Authority on August 6ch, 1998, entered into an agreement for land use for this structure, and WHEREAS, Motorola will install communications equipment for radio communications for the City of Palm Beach Gardens, radio receive site. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THR CITY OF PALM BEACH GARDENS, FLORIDA THAT: Section 1. The City Council hereby authorizes the Mayor and City Clerk to execute an Agreement with Motorola, Inc., a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference. Section 2. This Resolution shall become effective immediately upon adoption. RESOLVED AND ADOPTED THIS ATTESTED BY: CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK DAY OF , 2000. MAYOR JOSEPH R RUSSO APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY AYE NAY ABSENT 0 1] Palm Beach Gardens, Florida Seacoast Tower Building Installation Motorola System Integration Statement of Work Introduction System Integration Motorola has put together this proposal for installation of a 10 by 14 building to house the receiver site addition by Palm Beach Gardens to the City of West Palm Beach 800 MHz radio communications system. The successful installation of the receiver requires a team using the latest in planning and scheduling techniques. Motorola will designate a Project Manager to head the installation of the building. Project Manager - The Project Manager (PM) has the responsibility for the successful completion of the project and will be the focal point for all communications-between the City of Palm Beach Gardens and Motorola during the building installation. The PM is responsible for the total project in accordance with the contractual schedule requirements and the objectives of the contract. The PM is authorized by Motorola management to make decisions necessary to facilitate the installation of the new building. This is directly responsible for the project schedule and subcontractor supervision. The City of Palm Beach Gardens - The City of Palm Beach Gardens and Motorola work as a team in order to insure a successful implementation. It is Motorola's experience that a successful implementation is greatly increased when the customer designates a project manager to represent their interests and act as a single point of contact. This individual is considered part of the project management implementation team and plays a vital role in the implementation process. Statement of Work The installation process begins with a design review meeting to clarify the building layout and identify any special issues and their impact on system implementation plan. This meeting will also define the members of the Project Manager's Implementation Team and establish a point of contact with the City of Palm Beach Gardens. After the design review and kickoff meeting the field site preparation will be underway. The implementation schedule of the Satellite Receiver Site will be also discussed in the kickoff meeting. K--Y OLA and engineering information Page 5 -1 -Rev red in this offering is considered proprietary and may not be shared with any person or agency not directly addressee without the express written consent of Motorola. Inc., or its designees. • • 'Palm Beach Gardens, Florida Seacoast Tower Building Installation System Integration The installation of the Receiver Site equipment will begin immediately after the completion of the Receiver Shelter. Both projects for the Receiver Shelter and the Receiver Site will be scheduled for completion and acceptance by the end of the year 2,000. The price as quoted, is contingent upon having contract signed by November 6, 2000. Project Schedules - The project is scheduled to start September 28, 2000 with system completion in November 2000. The major milestones and the completion dates are as follows: • Contract Start 11/20/00 • Detail Design Review 11/27/00 • Final Acceptance 2/28/01 System Field Installation - The following paragraphs in this section provide detailed information of the scope of work to be performed to complete a successful implementation of the City of Palm Beach Gardens System. These paragraphs outline the work to be performed at each site. The City of Palm Beach Gardens Responsibilities - The City of Palm Beach Gardens will approve and procure the building site location. It is understood by Motorola during preparation of this proposal, that the site has not been procured. This proposal may be amended if site locations change which might reflect changes in scope. The City of Palm Beach Gardens is to provide electrical and telephone service to he building site. Buildings - The City of Palm Beach Gardens Radio Communications Site Development This section covers site development and installation of materials in the City of Palm Beach Gardens, Florida for the express purpose of installing a communications building at the Seacoast Water Tower site on Hood road. The Hood Road site is to be upgraded with a 10 x 14 building. Installation Standards - All installations, grounding, workmanship, and materials shall be in accordance with the Motorola Quality Standards; Fixed Network Equipment installation Manual (R56), ref. Section 6, R -56 grounding, or manufacture's specifications. Site Development Time Table - Field preparation will begin once the field permits are received with completion of the building within 2 months. ©MOTOROLA Design and engineering inform: contained in this offering is considered proprietary and may not be shared with any person or agency addressee without the express written consent of Motorola. Inc.. or Its designees. Page 5-2 -Rev • • • Palm Beach Gardens, Florida Seacoast Tower Building Installation System Integration Notice to Proceed - Following award of the contract, Motorola shall be given written authorization of notice to proceed with the site development work. Change Orders - Change orders will be requested where the worked to be performed is outside of Motorola's written scope of work. Material Scope - Installation of the buildings, electrical hook ups, fencing, ground halos, and site development to accommodate an RF receiver site infrastructure for addition to West Palm Beach's 800 MHz system. The City of Palm Beach Gardens Tower Sites The tower is located under the Seacoast Water Tower on Hood Road in the City of Palm Beach Gardens, Florida. The site located on unsecured property underneath the Water Storage Tank next to a driveway is accessible to the general public. Property Rights - It shall be the responsibility of the City of Palm Beach Gardens to provide written authorization for Motorola to install the proposed building. It shall also be the City of Palm Beach Garden's responsibility to locate and identify all property corners, if required. Underground Utilities - It is the responsibility of Motorola to locate all existing utility runs. Permits - All building permits are the responsibility of Motorola. Zoning and access rights are the responsibility of the City of Palm Beach Gardens. Zoning permits are to be supplied by the City of Palm Beach Gardens. Soil Samples - Soil samples will not be provided by Motorola. Building Building Specifications - Concrete Shelter proposed will have standard construction featuring block wall (8 inch) concrete design with high strength steel rebar reinforced concrete. Shelter will be designed to be waterproof, provide (2) hour fire rating per (UBC) and virtually maintenance free. The outside dimension will be 10' x 14' x 9'. Cable trays 12 inches wide placed 96" above finished floor, cable tray runs from cable entrance port to opposite side of building. A cross member cable tray will connect a second cable tray running down the length of the second row of equipment. Shall be equipped as follows: 1. Concrete Shelter ©MOTOROLA cd in this offering is considered proprietary and may not be shared with any person or agency not addressee without the express written consent of Motorola. Inc.. or its designees. Page 5 -3 -Rev. 'Palm Beach Gardens, Florida Seacoast Tower Building Installation System Integration 2. Door - 3' x 7' Galvanized Steel Door (Primed and Painted) 3. Interior walls - One 4'x 4' x 3 /e" plywood on wall. 4. Floor - Vinyl Floor Tile. 5. Electrical System: a) 200 amp Main Breaker / single — phase load center b) duplex outlets per local code c) R -56 compliant lighting for shelter this size (dual bulb, florescent lighting) 6. Master Ground Buss Bar with Ground drops: a) 1 /4 "x 4 "x 20" mounted by internal entry port b) additional 1 /4 "x 4 "x 20" ground bar mounted externally below outside cable entry port. 7. Exterior Light with photo cell 8. Internal Halo Ring: 9. Cooling /Heating: One (1) 5 Ton air conditioner 10. Vent System - 650 CFM (12 ") exhaust fan 11. Cable Entries: Microflect 4 Port Bulkhead Panel finished inside and out. 12. Internal cable ladder 22 feet x 2" Wide 13. 7' Chain Link Fence 14. Florida P.E. sealed documentation 15. R56 safety package 16. Applicable permits. 17. 35 KVA Generator, transfer switch, and concrete pad. Grounding - A ground halo will be installed around the building and connected to the site ground halo. The ground halo, buried 24 inches below grade, should be a minimum number 2 solid copper ground wire attached to ground rods. The building ground rods ®MOTOROLA Pale 5-4 7Rev. Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated wdh ■ addressee without the express written consent of Motorola, Inc., or its designees. 0 • • 'Palm Beach Gardens, Florida Seacoast Tower Building Installation System Integration are to be located at all four corners of the building and one every 15' on the sides of the building per Motorola's R -56 manual. The tower and building ground halos are to be connected by a single run of minimum number 2 solid copper ground wire. All connections are to be cadwelded. The 3/4" x 8 foot ground rods are to have PVC inspection ports over each cadweld location. The fence is to be grounded to the halo at all four corners. The gate of the fence is to be cadwelded to the main run of fence. Generator Foundation/Installation - A 35 KVA generator, transfer switch, and concrete pad provided. Fence - A seven foot fence is to be provided and installed around the building. The fence is to be connected, by cadweld, to the site ground halo. The fence shall be five feet from the tower and building where possible. Existing Fences — This request for services makes no provision for removal of existing fences. The new fence shall be attached to the old fence for security purposes were applicable. Site Finish Grading — The site will be finished graded to a smooth surface without ruts and/or depressions. The site shall be seeded with like grass seed for erosion control. This proposal does not include sod, gravel, or foliage to finish the area. The grading will be confined to the area disturbed during the construction of the site. Electrical Drop - It is the responsibility of Motorola to prepare the site and coordinate with the local power company for power access to the site. The power shall be ordered by the City of Palm Beach Gardens. The point of demarcation for the power is to be at a power panel within 20' of the building. The power panel shall be installed by Motorola. Antenna & Transmission Lines - Antenna and transmission line installation are not included in this proposal. A separate quote may be provided to the City of Palm Beach Gardens for antenna and transmission line installation. The existing antenna and transmission lines will be used for the new shelter, as long as the shelter can be located within 30 feet off the leg of the water tower. In the event this is not possible, additional transmission lines will be required. Cable Entry Port - Motorola will supply a transmission line entry port plate with the building installation_ An entry plate will be provided on the external and internal opening; two plates per wall penetration. OMOTORO" ied in this offering is considered proprietary and may not be shared w person with any peon or agency not addressee without the express written consent of Motorola, Inc., or its designees. Page 5- 5 -Rev.3 • • • 'Palm Beach Gardens, Florida Seacoast Tower Building Installation System Integration Grounding Buss Bar - A grounding Buss bar is to be supplied and installed at each location at the bottom of the tower where the transmission lines will exit the tower base. This ground buss is to be grounded to the tower ground halo by cadweld. Roads/Parking Areas - No road improvements are required. Price: $ 143,000 (this quote is contingent upon having contract signed by November 20, 2000). ©MOTOROLA Design and engineering information ied in this offering is considered proprietary and may not be shared with any person or agency not addressee without the express written consent of Motorola. Inc., of its designees. Page 5 -6-Rev.3 • • I MOTOROLA COMMUNICATIONS SYSTEM AGREEMENT Motorola, Inc., a Delaware corporation ( "Motorola "), by and through the United States & Canada Group of its Commercial, Government, and Industrial Solutions Sector, ( "CGISS ") and City of Palm Beach Gardens ( "Customer") enter into this Communications System Agreement (the "Agreement"), effective as of the last date signed below (the "Effective Date "), pursuant to which Customer will purchase and Motorola will provide Customer with a Communications System. Section 1 EXHIBITS The Exhibits below are hereby incorporated into and made a part of this Agreement. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement will take precedence over the Exhibits and any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below. Exhibit A Equipment list ( "Equipment List "), and statement of work ( "Statement of Work "), dated August 9, 2000. Section 2 DEFINITIONS Capitalized terms used in this Agreement and not otherwise defined within the Agreement have the following meanings: "Communications System" or "System" is the communications system described in Exhibit A, including the Statement of Work and and Equipment List. "Equipment" is the equipment specified in the Equipment List included in Exhibit A. Section 9 SCOPE OF AGREEMENT A. SCOPE OF WORK. Motorola will integrate the Equipment, deliver, and install at designated sites, as specified in Exhibit A and in accordance with this Agreement. Customer will perform its responsibilities as specified in Exhibit A and in accordance with this Agreement. B. CHANGE ORDERS. Either party may request changes within the ,general scope of this Agreement. If a requested change causes an increase or decrease in the cost of or time required for the performance of this Agreement, Motorola and Customer will agree to an equitable adjustment in the Agreement price or performance schedule, or both. Motorola is not obligated to comply with requested changes unless and until both parties execute a written change order. Section 4 PERFORMANCE SCHEDULE A. Motorola and Customer agree to perform their responsibilities in accordance with the following performance schedule as supplemented by the schedule included in the Statement of Work: 1. Motorola will pull the permits and begin building construction at Customer site(s) within 4 weeks after the Effective Date of this Agreement. Contract No. 99- Page 1 • • I MOTOROLA COMMUNICATIONS SYSTEM AGREEMENT 2. Motorola will complete construction within 16 weeks after the beginning of construction at designated site(s). 3. Motorola and Customer will complete acceptance of building within 2 weeks after installation is completed. B. By executing this Agreement, Customer authorizes Motorola to proceed with the integration, delivery, and installation of the building. No further notice to proceed, purchase order, authorization, resolution, or any other action will be required. Section 5 PAYMENT SCHEDULE A. The total contract price is $143,000.00. Except for the first payment, which is due when Customer executes this Agreement, Customer agrees to make payments to Motorola within twenty -five (25) days after the date of invoices that will be submitted by Motorola according to the following payment schedule: 1. 55% of the total contract price is due December 28, 2000. The invoice will be billable November 28, 2000 payable Net 30 days; 2. 40% of the total contract price will be invoiced immediately after the construction is completed; 3. 5% of the total contract price will be invoiced immediately after Acceptance. B. Overdue invoices will bear interest in accordance with the Florida Prompt Payment Act. Section 6 INSTALLATION AND SITE CONDITIONS A. In addition to its responsibilities described. in the Statement of Work, Customer agrees to provide a designated project director, procure any necessary zoning variances and the like, provide access to the sites identified in the Exhibits as requested by Motorola, and have such sites available for installation of the Equipment by Motorola in accordance with the performance schedule and Statement of Work. B. If either Motorola or Customer determines during the course of performance of this Agreement that the sites identified in the Exhibits are no longer available or desired, or, if subsurface, structural, adverse environmental or latent conditions at any site differ from those indicated on the specifications in the Exhibits, Motorola and Customer will promptly investigate the conditions and jointly select replacement sites or adjust the installation plans and specifications as necessary. C. If Customer and Motorola determine that any change in sites, site .availability, installation plans, or specifications will require an adjustment in the contract price or in the time required for the performance of this Agreement, the parties will agree to an equitable adjustment in the price, performance schedule, or both; and this Agreement will be modified in accordance with Section 3.6 of this Agreement. D. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A. standard RS -222 in effect on the Effective Date of this Agreement. Contract No. 99- Page 2 MOTOROLA COMMUNICATIONS SYSTEM AGREEMENT Section 7 DELAYS A. Successful project implementation will require cooperation and fairness between the parties. Because it is impractical to provide for every contingency which may arise during the course of performance of this Agreement, the parties agree to notify the other if they become aware that any condition will significantly delay performance. The parties will agree to reasonable extensions of the project schedule by executing a written change order. B. Under no circumstances will either party be responsible for delays or lack of performance resulting from events beyond the reasonable control of that party (°Excusable Delays'). Such events include, but are not limited to, ads of God, weather conditions, compliance with laws and regulations , governmental action, bid protests, fire, strikes, lock -outs, and other labor disruptions, material shortages, riots, acts of war, and an Excusable Delay of a Motorola subcontractor. C. Customer will make available to Motorola the sites when scheduled and Customer will not otherwise unreasonably delay or prevent Motorola's performance of its responsibilities. In the event of a Customer delay during the time of shipment, Motorola may ship the equipment as scheduled to a location as designated by the Customer or if no such location is designated, a Motorola designated storage facility for which Customer agrees to pay all fees. If Customer delays Motorola's performance, the performance schedule will be extended, the Customer will make the milestone payments as if no delay occurred, and the parties will execute a Change Order to compensate Motorola for reasonable charges incurred because of such delays. Such charges include, but are not limited to, costs incurred by Motorola and /or its subcontractors for additional freight, warehousing and handling; suspending and re- mobilizing the work; additional engineering and standby time calculated at then current man -day rates; and preparing and implementing a "work around" plan. Section 8 DEFAULT A. If Motorola fails to complete delivery, installation or acceptance testing in accordance with this Agreement, Customer may consider Motorola to be in default, unless such failure has been caused by an Excusable Delay. Customer agrees to give Motorola written notice of such default. Motorola will have thirty (30) days from the receipt of such notice to provide a plan of action that is acceptable to Customer to cure the default. B. If Motorola fails to cure the default, Customer may terminate any unfulfilled portion of this Agreement. If Customer completes the Communications System through a third party, Customer may recover the reasonable costs of completing the Communications System to a capability not exceeding that specified in the Agreement, less the unpaid portion of the Contract Price. Customer agrees to use its best efforts to mitigate such costs. Motorola's liability under this Section is subject to the limitations of the Section entitled Limitation of Liability of this Agreement. C. THE REMEDIES PROVIDED IN THIS SECTION OF THE AGREEMENT WILL BE THE FULL EXTENT OF MOTOROLA'S LIABILITY IN THE EVENT OF DEFAULT. Section 9 INDEMNIFICATION A. GENERAL INDEMNITY. Motorola agrees to and hereby indemnifies and saves Customer harmless from all liabilities which may accrue against Customer on account of direct physical damage to tangible property or personal injury to the extent the damage or injury is caused by Motorola's negligence or recklessness, or that of its employees, subcontractors, or agents while on the I Contract No. 99- Page 3 (Rev. 08 /(x. 1 _1J • I MOTOROLA COMMUNICATIONS SYSTEM AGREEMENT Customer's premises during the delivery, installation, or testing of the Communications System pursuant to this Agreement B. PATENT AND COPYRIGHT INFRINGEMENT. Motorola will defend, at its own expense, any suit brought against the Customer to the extent that it is based on a claim that the Equipment or Motorola Software infringe a United States patent or copyright, and Motorola will pay those costs and damages finally awarded against the Customer in any such suit which are attributable to any such claim, but such defense and payments are conditioned on the following: i) Motorola must be notified promptly in writing by Customer of any notice of such claim; ii) Motorola will have sole control of the defense of such suit and all negotiations for its settlement or compromise; and iii) should the Equipment or Motorola Software become, or in Motorola's opinion be likely to become, the subject of a claim of infringement of a United States patent or copyright, Customer will permit Motorola, at its option and expense, either to procure for Customer the right to continue using the Equipment or Motorola Software or to replace or modify the same so that it becomes non - infringing or to grant Customer a credit for the Equipment or Motorola Software as depreciated and accept its return. The depreciation amount will be based upon generally accepted accounting standards for such Equipment and Software. Motorola will have no liability with respect to any claim of patent or copyright infringement which is based upon. the combination of the Equipment or Motorola Software furnished hereunder with software, apparatus or devices not furnished by Motorola, nor will Motorola have any liability for the use of ancillary equipment or software not furnished by Motorola which is attached to or used in connection with the Equipment. The foregoing states the entire liability of Motorola with respect to infringement of patents and copyrights by the Equipment and Motorola Software or any parts thereof. C. Motorola's indemnification of Customer under this Section will be the full extent of Motorola's indemnification of Customer from liabilities that are in any way related to Motorola's performance under this Agreement. Section 10 DISPUTES A. Motorola and Customer will attempt to settle any claim or controversy arising from this Agreement through consultation and negotiation in good faith and a spirit of mutual cooperation. If those attempts fail, the dispute will be mediated by a mediator chosen jointly by Motorola and Customer within thirty days after notice by one of the parties demanding non - binding mediation. Neither party may unreasonably withhold consent to the selection of a mediator, and Motorola and Customer will share the cost of the mediation equally. The parties may postpone mediation until they have completed some specified but limited discovery about the dispute. The parties may also replace mediation with some other form of non - binding afternate dispute resolution ("ADR ") procedure. B. Any dispute that cannot be resolved between the parties through negotiation or mediation within two months after the date of the initial demand for non - binding mediation may then be submitted by either party to a court of competent jurisdiction in the State in which the Communications System is installed. Each party consents to jurisdiction over it by such a court. The use of any ADR procedures will not be considered under the doctrine of laches, waiver, or estoppel to affect adversely the rights of either party. Either party may resort to the judicial proceedings described in this paragraph prior to the expiration of the two -month ADR period if (a) good faith efforts to attempt resolution of the dispute under these procedures have been unsuccessful or (b) interim relief from the court is necessary to prevent serious and irreparable injury to such party or any of its affiliates, agents, employees, customers, suppliers, or subcontractors. Contract No. 99- Page 4 0, I MOTOROLA COMMUNICATIONS SYSTEM AGREEMENT Section 11 LIMITATION OF LIABILITY • Notwithstanding any other provision to this Agreement, except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, indemnification, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of the Equipment or services with respect to which losses or damages are claimed. IN NO EVENT WILL MOTOROLA BE LIABLE FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS, OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE EQUIPMENT, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. This Limitation of Liability will survive the expiration or termination of this Agreement. No action for a breach of this Agreement or otherwise relating to the transactions contemplated by this Agreement may be brought more than one year after the accrual of such cause of action except for money due upon an open account. Section 12 GENERAL A. TAXES. The purchase price does not include any amount for federal, state, or local excise, sales, lease, service, rental, use, property, occupation, or other taxes, all of which (other than federal, state, and local taxes based on Motorola's income or net worth) will be paid by Customer except as exempt by law. If Motorola is required to pay or bear the burden of any such taxes, Motorola will send an invoice to Customer and Customer will pay to Motorola the amount of such taxes (including any interest and penalties) within thirty days after the date of the invoice. Customer will be solely responsible for reporting the Equipment for personal property tax purposes. B. CONFIDENTIAL INFORMATION. Customer will not disclose any material or information identified as Motorola proprietary and confidential to third parties without Motorola's prior written permission, unless Motorola makes such material or information public or disclosure is required by law. Motorola acknowledges that the customer will comply with the Florida Public Records Act. C. DISCLAIMER OF LICENSE. Except as explicitly provided in the Motorola Software License Agreement included in Exhibit A, nothing in this Agreement will be deemed to grant, either directly or by implication, estoppel, or otherwise, any license or right under any patents, patent applications, copyrights, trade marks, trade secrets or other intellectual property of Motorola. D. ASSIGNABILITY. This Agreement may not be assigned by either party without the prior consent of the other party except that Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. E WAIVER. Failure or delay by either party to exercise any right or power under this Agreement will not operate as a waiver of such right or power. F. SEVERABILITY. If any portion of this Agreement is held to be invalid or unenforceable, that provision will be considered severable and the remainder of this Agreement will remain in full force and effect as if the invalid provision were not part of this Agreement. G. HEADINGS AND SECTION REFERENCES. The headings given to the sections of this Agreement are inserted only for convenience and are not to be construed as part of this Agreement or as a limitation of the scope of the particular Section to which the heading refers. Contract No. 99- _ Page 5 (Rev. 08 /1111115 iljs • I MOTOROLA COMMUNICATIONS SYSTEM AGREEMENT I H. ENTIRE AGREEMENT. This Agreement (including the Exhibits) constitutes the entire agreement of the parties regarding the subject matter of this Agreement and supersedes all previous agreements and understandings, whether written or oral, relating to such subject matter. This Agreement may be altered, amended, or modified only by a written instrument signed by the duly authorized representatives of both parties. 1. GOVERNING LAW. This Agreement will be governed by -and construed in accordance with the laws of the State to which the Equipment is shipped. J: NOTICES. Notices authorized or required under,this Agreement must be in writing and sent to the below addresses: Customer Motorola, Inc. Attn: Attn: Contracts and Compliance Manager Southern Division 789 International Parkway, Building -A Sunrise, FL 33325 In witness whereof, the parties have caused duly authorized representatives to execute this Agreement on the dates set forth below. IN WITNESS WHEREOF: Customer Motorola, Inc. By: By: Name: Name: Title: Title: Date: Date: I Contract No. 99- Paqe 6 (Rev. 08/1111105111A RETURN BRUCE GREGG GG SEACOAST LMLnY AUTHORITY 1200 Hood Road Palm Beach Gardens. FL 33110 AGREEMENT This Agreement entered into this (a day of JA q u,ntJ , 1998, by and between SEACOAST iTTELITY AUTHORITY, Florida legal entity (SEACOAST) and the CITY OF PALM BEACH GARDENS, a Florida Municipal Corporation (CITY). WITNESSETH: WHEREAS, SEACOAST owns and operates an elevated water tank at its water plant site at Hood Road in Palm Beach Gardens, Florida, and WHEREAS, CITY has requested permission to install two radio antennas on said tank for public safety communication purposes, and WHEREAS, CITY is one of the governments that owns and operates SEACOAST pursuant to an intergovernmental agreement, and WHEREAS, it is necessary to set forth the temis and conditions under which CITY can own and operate two radio antennas at and on SEACOAST property, to protect the sensitive nature of the public water supply served by the elevated water tank= and to proscribe the use of the tank by other entities that wish to install such radio transmission equipment on water utility property. NOW, THEREFORE, SEACOAST and CITY agree, as follows: 1. Since CITY is an owner of SEACOAST, and only while CITY remains an owner of SEACOAST, CITY may install, operate and maintain two radio antennas as depicted in Exhibit "A ", on the elevated water tank at the SEACOAST water plant at Hood Road in Palm Beach Gardens, subject to the terms and conditions herein.. In addition, CITY shall have the ri& to install, operate, and maintain an equipment shelter to house radio equipment as depicted on Exhibit ."B ". . 2. The location, size and frequency of the radio antenna -% equipment and the equipment shelter shall be shown on the diagrams attached hereto as Exhibit "A" and Exhibit 'B" which are hereby made a part of this agreement The size, location and frequency of the antennas, equipment and equipment shelter shall not be modified or changed without the express written consent of SEACOAST, at its discretion. SEACOAST shall not unreasonably withhold such consent 3. No equipment shall be installed on the elevated water tank or at the site until all necessary regulatory approvals are received and CITY has submitted adequate en¢ineering plans addressing structural and electrical aspects of the installation to SEACOAST. The location, design, operation and maintenance of the antennas shall conform to all applicable laws, both at present and as such laws are changed or amended in the future. 4. All costs associated with the ownership, operation and maintenance of the antennas, and associated with the ownership, operation and maintenance of the elevated water tank, due in whole or in part to the fact that the antennas are located on the tank, shall be the sole and full responsibility of the CITY. CITY shall reimburse SEACOAST for any costs or expenses incurred by it due to the fact that the CITY antennas are located on its elevated water tank within 30 days after notice to the CITY that such money is due and owing, provided that the notice of money due contains an explanation of what was done, why it was done, and what costs were incurred. CITY shall install said antennas, radio equipment and equipment shelter strictly in accordance with the plans and specifications hereto attached as Exhibit "A" and Exhibit "B" all at CITY'S sole cost and expense_ CITY shall maintain its antennas and equipment in good condition and repair at all times at CITY'S sole cost and expense. 5. In view of the public health concerns associated with a public water supply tank and tank, CITY shall prolubit any and all persons from climbing on said tower and tank or being within 50 feet of said structure without having first obtained the written consent of SEACOAST to do that, or be there. CITY shall provide to SEACOAST a list of personnel authorized to enter CITY, s equipment shelter. Upon presentation of confirming identification to SEACOAST, s representative on site at the Hood Road Water Treatment Plant, listed individuals shall be permitted access to the equipment shelter only. 6. In the event C I YSs communication equipment interferes with or adversely affects SEACOASTS communication equipment or adversely affects any other SEACOAST operation, SEACOAST reserves the right at any time, and in its discaution, to require CITY to remove, alter and/or relocate its radio antennas. To the extent that notice can be given to CITY of the need to remove, alter or relocate the radio antennas, SEACOAST shall give as much notice as it reasonably can. Under no circumstances, however, shall the notice requiueiuents of Section 10 apply in administering this Section. The use of the tank for radio antenna purposes shall at all times be subordinated to its use as a part of the SEACOAST's communication systems and water distribution system, and decisions as to such use shall be made solely by SEACOAST, including removing and demolishing the elevated tank as necessary. 7. CITY. shall pay SEACOAST the sumn of $1.00 (One Dollar) per year as consideration for the use of the elevated water tank for its two radio antennas, payable on the 15th day of October each year. This rental payment and this tank use agreement shall not be a precedent that creates a possibility that others may either use SEACOAST property as a radio antenna site or may pay such a small consideration for such use. Both of these privileges are tied directly to the SEACOAST ownership and public purposes of CITY, and are limited to the specific facts of this agreement_ 8. CITY agrees, without limitation, to indemnify and hold forever harmless SEACOAST, its employees, Board members, and agents for such claims as may arise from time to time, related to the design, construction, operation, maintenance, and presence of CITY's communication equipment on any SEACOAST property. 9. CITY acknowledges that SEACOAST performs heavy maintenance on the elevated tank from time to time that requires disconnection of all antennas for an extended period of time. Unscheduled maintenance may occur whenever deemed necessary by SEACOAST, however SEACOAST shall provide the CITY with as much advanced notice as possible. SEACOAST shall allot space for CITY to relocate antennas during the period of such maintenance. SEACOAST reserves the right to final approval of this temporary relocation site and provides no assurance that it will meet the CITY, s radio communication needs. 10. Either party may terminate this agreement with two (2) years advance notice to the other party. 11. This agreement embodies the entire understanding of the parties concerning the use of SEACOAST properties for location of CITY radio communications equipment. Nothing in this agreement shall be construed as supporting any effort by CITY or any other entity to secure a pet nanent communications tower site on SEACOAST property. (SIGNAIrURE PAGE TO FOLLOW) • 9 3 • 0 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the date set forth below: WITNESS: Signed, sealed and delivered #ythe presence of. l � Wi rj-"e2"'Ce Print ame r it-'o Witness Signature 4 Print Name v / STATE OF FLORIDA COUNTY OF PALM BEACH SEACOAST UTILITY AUTHORITY By: _,Wbain,'m rI� r Howland; By: caw ary Ann Stiles, Clerk The foregoing instrument was acknowledged before me this/0 day of awu--4- . 1998 by Raymond J. Howland and Mary Ann Stiles, Chairman and Authority Clerk rt&ectively of Seacoast Utility Authority, who are both personally known to me and who did not take an oath. VEFKIAL NOTARY SEAL ADE E DINGEE yOTARY PUBLIC STATE OF FLORIDA COMMMON NO. CC451602 M I COMMISSION EXP. APR 26.1999 4 Notary !g�ture Q Print Name Notary Public - State of Florida Commission No. My Commission Expires: • • 'IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the date set forth below: WITNESS: Signed, sealed and delivered in the presence of: "- ce,-q- Witness Signature Print Name Wi(USs Sign�ure� NANQV Print Name / STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF PALM BEACH GARDENS, a Florida Municipal Corporation By: se b R- Russo, Mayor �'% Linda Kosier, City Clerk The foregoing instrument was acknowledged before me this .ty of .Gam , 1998 by Joseph R_ Russo and Linda Kosier, Mayor and City Clerk respectively of the ty of Palm Beach Gardens, a Florida Municipal Corporation, who are both personally known to me and who did not take an oath. NOWY � YFia" CC400994d %F:NAGRJ E&URn UGRADIO_wp9W41S Not* Signature ZName Notary Public - State of Florida Commission No. My Commission Expires: • 4 • ul r I EXHIBIT 'A• 800 " CCLXTY VHF ANT. 174' M-04 Mks t M3UKrY UHF /j1T, 154• 4M-47o FFa. 4313 -CM Ohm wtr CABLE PC= 196' Palm PAvb c 180' 800 Pik SEhMAST LW 1 t�' 1-47' U BISH M• �ecv EOCRrT. Sill. CXSISTDeG �P 1 SOUTH ELEVATION I. THE ANTENNA TOWERS CURRENTLY EXIST -ON THE WATER TANK 2. St X FOOT DI AMETEK MI CROVAVE <M /V> DI SHES ARE PROPOSED ADDI TI ONS. 3. THE DISH ON THE EAST LEG FACES SOUTH. THE DI SH ON THE VEST LEG FACES NORTH. 4. CABLES ROUTE DOWN THE LEG TO THE HORIZONTAL BRACE OVER TO THE CLIMBING LADDER DOWN THE LADDER RAILS TO THE LEVEL 13F THE EQUIPMENT SHELTER. SEACOAST UTILITY AUTH. REVI SI ONS ELEVATED WATER TOWER - 1 City of Palm Beach Gardens L t SHEET FI LE- WAT_RTvR. DWGDATE: 1108/98 1 1 .v w COMMUNICATIONS EQUIPMENT AGREEMENT EQUIPMENT LIST I. EQUIPMENT SHELTER One 15 x 25 foot CBS equipment center. Il. EQUIPMENT 1. Two conventional 800 MHz repeaters. 2. One fifteen channel 800 MHz receiver. 3. One battery/ups system. 4. One propane powered emergency generator. III. ANTENNAS L One thirty foot tower with one sixteen foot receive antenna. 2. One fifty foot tower with one sixteen foot transmit antenna_ IV. FREQUENCIES 1. 800 MHz — transmit and receive 810.215 MHz RX 855.215 MHz TX 811.215 MHz RX 856.215 MHz TX 2. 800 MHz — receive only. 808.5375 MHz RX 812.9625 MHz RX 808.5875 MHz RX 813.4375 MHz RX " 809.9625 MHz RX 813.7125 MHz RX 811.4375 MHz RX 813.9625 MHz RX 811.7125 MHz RX 814.2125 MHz RX 811.9625 MHz RX 814.9625 MHz RX 812.4375 MHz RX 815.7125 MHz RX 812.7125 MHz RX Exhibit "B" Page 1 of 2 U I • • Water Tank Leg 1 I v CI 1 f. 1 : L U C -C i I I vi 1 PBG PBSO Shelter' i I Shelter I Road Edge i Exhibit "B" Palm Beach Gardens Shelter Site Plan Got* SEACOAST UTILITY AUTHORITY ��Ir 4200 HOOD ROAD, PALM BEACH GARDENS, FLORIDA 33410 Sheet 0 1� CO VIMU�.!!CA TIONS SYSTEM AGREEMENT THIS AGREEMENT, made and entered into this Na r c 2 1 s t day of , 1996, by and between TV Motorola, Inc., a Delaware corporation, by and through its Land Mobile Products Sector, and hereinafter referred to as "MOTOROLA" or "Seller', and P a 1 m Bea c h, hereinafter referred to as "PURCHASER ". Gardens WITNESSETH: WHEREAS, the PURCHASER desires to purchase a Communications System; and WHEREAS, MOTOROLA desires to sell a Communications System; and THEREFORE, the parties hereby enter into an agreement pursuant to which MOTOROLA shall perform the work and furnish the equipment and services as more fully set forth herein and in the following exhibits, which are either attached hereto or incorporated by reference and hereby made a part of this Agreement: Exhibit A General Provisions dated January, 1987 consisting of six (6) pages and nineteen (19) sections. Exhibit 8 MOTOROLA Software License. Exhibit C MOTOROLA Proposal including Acceptance Test Plan, Equipment List and Statement of Work. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the parties agree as follows: Section 1 SCOPE OF WORK A. MOTOROLA shall fumish all of the equipment as outlined in Exhibit C, and provide such tools, supplies, labor and supervision necessary for the installation for those items purchased to be installed as detail @d in Exhibit C for a Communications System. B. PURCHASER shall in addition to responsibilities described in the Statement of Work included in Exhibit C of this Agreement perform the following coincident with the performance of this Agreement: (1) Provide a full time designated Project Director. (2) Provide ingress and egress to PURCHASER'S facilities and /or sites as requested by MOTOROLA and have such facilities available for installation of the equipment to be installed. Motorola 1995 t (3) Provide adequate telephone lines for the installation and operation of the equipment. (4) Provide adequate AC Power at 117 VAC ± 10 %, 60 Hz for the installation and operation of the'equipment. (5) Provide a designated work area with adequate heat and light, and a secure storage area for equipment delivered to the PURCHASER. The PURCHASER shall be solely liable for loss or damage to equipment prior to, during and following installation when such equipment is on or within PURCHASER'S facilities and/or vehicles. Section 2 SITES This agreement is predicated on the utilization of sites and site configurations, which have been selected either by the PURCHASER or by MOTOROLA as contained in the MOTOROLA proposal. In either situation, should it be determined by either MOTOROLA or PURCHASER during the course of performance on this Agreement that the sites or configuration selected are no longer available or desired, new or replacement sites or configuration will be selected and approved by both MOTOROLA and the PURCHASER. Section 3 SUBSURFACE /STRUCTURAL CONDITIONS This Agreement and the MOTOROLA proposal are predicated upon normal soil conditions defined by E.I.A. standard RS -222 (latest revision). Should MOTOROLA encounter subsurface, structural, and /or latent conditions at any site differing from those, indicated on the specifications, or as used in the preparation of the bid price, the PURCHASER will be given immediate notice of such conditions before they are further disturbed. Thereupon, MOTOROLA and the PURCHASER shall promptly investigate the conditions and, if found to be different, will adjust the plans and/or specifications as may be necessary. Any changes which cause an adjustment in the contract price or in time required for the performance of any part of the contract shall result in a contract modification in accordance with Section 4 of tFieAGeneral Provisions. Section 4 PERIOD OF PERFORMANCE A. MOTOROLA shall complete the work in accordance with the following schedule: (1) Delivery date of equipment - Two months from receipt of order (2) Completion of installation - Four months from receipt of order (3) Final Acceptance /Completion of Acceptance Test - Four and one half months from receipt of order. B. Whenever MOTOROLA knows or reasonably should know that any actual or potential condition due to circumstances beyond its control is delaying or threatens to delay the timely performance of the work, MOTOROLA shall within thirty (30) Motorola 1995 2 1 days give PURCHASER notice thereof and may request an extension of time to perform the work. C. In order to successfully integrate and implement this project, shipments will be made F.O.B. Destination to PURCHASER facilities, local MOTOROLA staging facilities, warehousing facilities, or any combination thereof. It is agreed that this plan is acceptable to PURCHASER and that MOTOROLA will advise prior to shipment of actual destination and that PURCHASER will accept shipment, and make payment as required by this Agreement. D. It is also agreed that equipment shipping dates reflected in this agreement or in MOTOROLA proposals are estimates only, and that shipment may be made at any time prior to, or subsequent to these estimated shipping dates. Section 5 ACCEPTANCE CRITERIA A. MOTOROLA has included an Acceptance Test Plan (ATP) which has been agreed to by both parties either in writing prior to this Agreement or by execution of this Agreement and is a part of Exhibit C to this Agreement. The successful completion of the ATP will be the sole criterion for system acceptance. B. Should the PURCHASER commence use of the system or any sub - system thereof for their intended purposes, other than for the express purposes of training or testing, prior to system acceptance, final payment for said system or sub - system shall be due net thirty (30) days. The warranty or maintenance periods for such equipment put into use, unless warranty or maintenance has already begun, shall be deemed to have commenced concurrently with the use of the equipment for its intended purpose. The use of the equipment for its intended purpose shall be deemed to have occurred when the PURCHASER commences to use and rely primarily on the equipment for its communications. C. Upon notification by MOTOROLA that the system is available for acceptance testing, it is agreed that should the acceptance testing of the system or any subsystem thereof be delayed for reasons beyond MOTOROLA'S control, that final payment for the subsystem or system shall become due net thirty (30) days and warranty or maintenance shall commence upon notice to PURCHASER by MOTOROLA. Section 6 PAYMENT SCHEDULE A. Motorola agrees to sell all of the equipment and perform the services outlined herein below and in Exhibit C, and PURCHASER agrees to pay for the equipment and perform the services for the sum of $751,312.84, subject to the provisions of Section 6B below. B. The PURCHASER shall make a payment upon execution of this Agreement of $250,000.00 for the communication console upgrade, SIP management terminal, bidirectional amplifiers, and the new subscriber units. The remaining $501,312.84 shall be paid upon the delivery, installation and integration of the Motorola 1995 3 .ti equipment as outlined in Exhibit C, once it has been accepted by the PURCHASER. Section 7 PROJECT MANAGEMENT A. If the size or complexity of the project warrants, MOTOROLA will assign a Project Manager, who is authorized to exercise technical direction. of this project. MOTOROLA, at any time, may designate a new or alternate Project Manager without written notice. B. All matters affecting the terms of this Agreement or the administration thereof shall be referred to MOTOROLA'S cognizant Contract Administrator who shall have authority to negotiate changes in or amendments to this Agreement. Section 8 NOTICE ADDRESSES A. MOTOROLA, INC. 85 HARRISTOWN ROAD GLEN ROCK, NEW JERSEY 07452 ATTN: CONTRACTS & COMPLIANCE DEPARTMENT B. PURCHASER, to complete: ATTN: Section 9 ORDER OF PRECEDENCE In the event of an inconsistency in this Agreement, the inconsistency shall be resolved in the following order: Exhibit A General Provisions dated Januaiy;a 1987 consisting of six (6) pages and nineteen (19) sections. Exhibit B MOTOROLA Software License. Exhibit C MOTOROLA Proposal including Acceptance Test Plan, Equipment List and Statement of Work. Exhibit D Purchaser's Specification. Section 10 SEVERABILITY If any portion of this Agreement or any exhibits hereto is held to be invalid, such provision shall be considered severable, and the remainder of this Agreement or any provision hereof shall not be affected. Motorola 1995 4 d 0- C Section 11 HEADINGS AND SECTION REFERENCES The headings given to the paragraphs herein are inserted only for convenience and are in no way to be construed as part of this Agreement or as a limitation of the scope of the particular paragraph to which the heading refers.. Section 12 FULL AGREEMENT This Agreement and Exhibits hereto constitute the final expression of the agreement of the parties and supersedes all previous agreements and understandings, whether written or oral, relating to the work. This Agreement may not be altered, amended, or modified except by written instrument signed by the duly authorized representatives of both parties. The parties agree to extend this contract to all state agencies and political subdivisions of the State of Florida under the same conditions, for the same prices and for the same effective period as this agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the last day and year written below. MOTOROLA, INC. (PURCHASER) By: �„w, O� By: y O ( � Name: G-2cr any I_•�_)f /�U � _ Name: Robert C. Jo /esak Title: ��s�sr��rC>'r��llil�u� Title: Assistant Secretary /Controller Date: I I�:6 Date: L!_n n *_ r o o .., o ., r ... ' r 1, 1 r r� QTg o - tea L c u. v Motorola 1,995 E V 0- • EXHIBIT A GENERAL PROVISIONS DATED JANUARY, 1987 MOTOROLA, INC. Section 1 STANDARDS OF WORK MOTOROLA agrees that the performance of work described in this Agreement and pursuant to this Agreement shall be done in a professional manner and shall conform to professional standards. All packaging and packing shall be in accordance with good commercial practice. Section 2 TAXES The prices set forth in the Agreement are exclusive of any amount for Federal, State or Local excise, sales, lease, gross income service, rental, use, property, occupation or similar taxes. If any taxes are determined applicable to this transaction or MOTOROLA is required to pay or bear the burden thereof, the PURCHASER agrees to pay to MOTOROLA the amount of such taxes and any interest or penalty thereon no later than THIRTY (30) DAYS after receipt of an invoice therefor. Section 3 SHIPPING, TITLE AND RISK OF LOSS All sales and deliveries are F.O.B. Destination. MOTOROLA reserves the right to make deliveries in installments and the Agreement shall be severable as to such installments. Title to the equipment shall pass to the PURCHASER upon delivery to the F.O.B. Point. After delivery to the F.O.B. Point, risk of loss and damage to the articles shall be borne by the PURCHASER. The above notwithstanding title to software and any third party supplied software shall not pass upon payment of the license fee therefor or under any circumstances. Section 4 CHANGES IN THE WORK A. The PURCHASER may, at any time, by written order, make changes within the general scope of the work, including but not limited to revisions of, or additions to, portions of the work, or changes in method of shipment or packaging and place of delivery. B. If any order under this Section 4 causes an increase or decrease in the cost of or time required for the performance of any part of the work under this Agreement, an equitable adjustment shall be made in the Agreement price or delivery schedule, or both, and the Agreement shall be modified in writing accordingly. MOTOROLA is not obligated to comply with any order hereunder unless and until the parties reach agreement as to the aforementioned equitable adjustment and same is reflected as an addendum to this Agreement. U.S. Revised 1195 r J Section 5 LIMITATION OF LIABILITY Except for personal injury or death, MOTOROLA'S total liability whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, is limited to the price of the' particular products sold hereunder with respect to which losses or damages are claimed. PURCHASER'S sole remedy is to request MOTOROLA at MOTOROLA'S option to either refund the purchase price, repair or replace product(s) that are not as warranted. IN NO EVENT WILL MOTOROLA BE LIABLE FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. No action shall be brought for any breach of this contract more than one (1) year after the accrual of such cause of action except for money due upon an open account. Section 6 EXCUSABLE DELAYS A. Neither MOTOROLA nor the PURCHASER shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God; fire; strikes; material shortages; compliance with laws or regulations; riots; acts of war; or any other conditions beyond the reasonable control of the party or parties. B. Delays as identified herein may cause an impact on the Period of Performance stated in the Agreement. Such delays will be subject to an Agreement addendum as described in Section 4. Section 7 DEFAULT A. If MOTOROLA is wholly responsible for failure to make delivery or complete installation under the agreement, the PURCHASER may consider MOTOROLA to be in default, unless such failure has been caused by the conditions set forth in Section 6 of these General Provisions. B. The PURCHASER shall give MOTOROLA written notice of such default and MOTOROLA shall have THIRTY (30) DAYS to provide a plan of action to cure said default. If MOTOROLA fails to cure said default, the PURCHASER may terminate any unfulfilled portion of this Agreement or complete the system through a third party. In the event the PURCHASER completes the system through a third party, MOTOROLA shall be responsible for an amount in excess of the Agreement price, not to exceed the value of the terminated portion, incurred by the PURCHASER in completing the system to a capability not exceeding that specified in the Agreement. IN THE EVENT OF DEFAULT, MOTOROLA SHALL NOT BE LIABLE FOR ANY INCIDENTAL, LIQUIDATED, SPECIAL OR CONSEQUENTIAL DAMAGES. Section 8 DELAYS BY PURCHASER U.S. Re%ised 1/95 If the PURCHASER is responsible for delays which cause the installation and acceptance of this system as defined in the Agreement, to be rescheduled beyond the Period of Performance set forth in the Agreement, the 'PURCHASER shall be liable for • actual costs incurred by MOTOROLA resulting from these delays. Such charges may include, but are not limited to, additional Engineering; rescheduling charges; storage charges; maintenance charges; and transportation charges. The PURCHASER shall have the option to attempt to minimize actual costs incurred by storing and transporting. equipment at its own expense. MOTOROLA reserves the right to modify payment terms in the event of such delays.. Section 9 LICENSES /AUTHORIZATION The PURCHASER is solely responsible for obtaining any licenses or other authorizations required by the Federal Communications Commission and for complying with FCC rules. Neither MOTOROLA nor any of its employees is an agent or representative of the PURCHASER in FCC matters or otherwise. MOTOROLA, however, may assist in the preparation of the license application at no charge to the PURCHASER. PURCHASER acknowledges that project implementation is predicated on receipt of proper FCC licensing. Section 10 INDEMNIFICATION MOTOROLA agrees to and hereby indemnifies and saves PURCHASER harmless from all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to, or recovered from the PURCHASER by reason of or on account of damage to the property of the PURCHASER or the property of, injury to, or death of any person, when such damage or injury is caused by MOTOROLA'S sole negligence or that of its employees, subcontractors, or agents while on the premises of the PURCHASER during the delivery and installation of the communications equipment. IN NO EVENT WILL MOTOROLA BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. Section 11 EQUIPMENT COMPATIBILITY MOTOROLA agrees that the equipment, will perform in accordance with the specifications and representations stated in MOTOROLA'S Proposal and Equipment List included in this Agreement. This Agreement dbbs not extend to the performance of the equipment as a part of a larger system generally nor specifically to equipment in combination with products, elements or components not supplied by MOTOROLA. Section 12 WARRANTIES A. MOTOROLA represents and warrants that all products, software, and items delivered under this Agreement conform in design, materials and workmanship to the appropriate MOTOROLA Technical Specifications. MOTOROLA further warrants that their products, software, and other items will interact according to the specifications contained in Exhibits C and D. Successful completion of the ATP shall constitute full compliance with and fulfillment of this warranty. B. Hardware Warranty: MOTOROLA radio communications products are warranted to be free from defects in material and workmanship for a period of ONE (1) YEAR, except for crystal devices, channel elements, high stability oscillators (other than U.S. Revised 1/95 9- reference oscillators used for frequency synthesis which are warranted for one (1) year) and crystal filters, which are warranted for a period of TEN (10) YEARS from the date of shipment. Parts, including crystals and channel elements, will be replaced free of charge for the full warranty period and the labor to replace defective parts will be provided for ONE (1) YEAR from the date of acceptance. Thereafter, the PURCHASER must pay for the labor involved in repairing the product or replacing the parts at the prevailing rates together with any transportation changes to or from the place where warranty service is provided. This express warranty is extended by MOTOROLA, Inc., 1301 E. Algonquin Road, Schaumburg, Illinois 60196, to the original purchaser only, and only to those' purchasing for purpose of leasing or solely for commercial, industrial, or governmental use. C. Software Warranty: The warranty for software, if any, shall be governed by the separate software license agreement set forth in Section 14. D. THE EXPRESS WARRANTIES CONTAINED IN THIS SECTION OF THIS AGREEMENT ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH ARE SPECIFICALLY EXCLUDED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO 'EVENT SHALL MOTOROLA BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. E. In the event of a defect, malfunction or failure to conform to specifications established by MOTOROLA, or if appropriate, to specifications accepted by MOTOROLA in writing, during the period shown, MOTOROLA, at its option, will either repair or replace the product or refund the purchase price thereof, and such action on the part of MOTOROLA shall be the full extent of MOTOROLA'S liability hereunder. This warranty is void if: (a) the product is used in other than its normal and customary manner; (b) the product has been subject to misuse, accident, neglect or damage; (c) unauthorized alterations or repairs have been made, or unapproved parts used in the equipment. F. This warranty extends only to individual products; batteries are excluded but carry their own separate limited warranty. Because each radio system is unique, MOTOROLA disclaims liability for range, coverage, or operation of the system as a whole under this warranty. Non - MOTOROLA manufactured products are excluded from this warranty, but subject to the warranty provided by their manufacturers, a copy of which will be supplied to the PURCHASER on specific written request. G. In order to obtain performance of this warranty, the PURCHASER must contact its MOTOROLA salesperson or MOTOROLA at the address first above shown attention Quality Assurance Department. U.S. Revised 1/95 01 Section 13 CONFIDENTIAL INFORMATION MOTOROLA proprietary computer programs will be released in accordance with the Software License provisions set forth elsewhere,. if applicable. All other material and information of confidential nature marked MOTOROLA' PROPRIETARY and CONFIDENTIAL will be released as necessary under the following conditions: (1) PURCHASER shall exercise reasonable and prudent measures to keep these items in confidence. (2) PURCHASER shall not disclose these items to third parties without prior written permission, unless MOTOROLA makes them public or PURCHASER teams them rightfully from sources independent of MOTOROLA, or it is required by law to be disclosed. (3) MOTOROLA, where necessary, retains the right to prescribe specific security measures for the PURCHASER to follow to maintain the confidentiality. In the event disclosure of such information is necessary, a separate Non - Disclosure Agreement will be required. Section 14 SOFTWARE LICENSE AND WARRANTY MOTOROLA will, in the course of the transaction for the items of equipment identified in the Agreement, deliver to PURCHASER, on a licensed basis, one or more computer programs (Product Program). Delivery of all Product Programs by MOTOROLA and acceptance of same by PURCHASER shall be made only under the terms and conditions as contained in Exhibit B attached hereto and made a part hereof. The terms and conditions of the License Agreement contained in Exhibit B shall survive the completion of the Agreement. Section 15 PATENT INDEMNIFICATION MOTOROLA agrees to defend, at its expense;:any suits against PURCHASER based upon a claim that any products furnished hereunder directly infringes a U.S. patent or copyright, and to pay costs and damages finally awarded in any such suit, provided that MOTOROLA is notified promptly in writing and at MOTOROLA'S request and expense is given control of said suit and all requested assistance for defense of same. If the use or sale of any such product(s) furnished hereunder is enjoined as a result such suit, MOTOROLA, at its option and at no expense to PURCHASER, shall obtain PURCHASER the right to use or sell said product(s) or shall substitute an equivalent product or products reasonably acceptable to PURCHASER and extend this indemnity thereto or shall accept the return of said product(s) and reimburse PURCHASER the full purchase price therefor, less a reasonable charge for reasonable wear and tear. This indemnity does not extend to any suit based upon any infringement or alleged infringement of any patent or copyright by the combination of any product(s) furnished by MOTOROLA and other elements nor does it extend to any product(s) of PURCHASER'S design or formula. U.S. Revised 1/95 • • Section 16 DISCLAIMER OF PATENT LICENSE Nothing contained in this Agreement shall be deemed to grant, either directly or by implication, estoppel, or otherwise, any license under any patents or patent applications of MOTOROLA, except that PURCHASER shall have the normal non - exclusive royalty - free license to use that is implied, or otherwise arises by operation of law, in the sale of a product. Section 17 WAIVER Failure or delay on the part of MOTOROLA or PURCHASER to exercise right or power hereunder shall not operate as a waiver thereof. Section 18 GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. Section 19 ASSIGNABILITY The Agreement may not be assigned by either party hereto other than MOTOROLA may assign this order to one of its Subsidiaries as in the normal course of business. U.S. Rmised 1/95 0 EXHIBIT B LICENSE AGREEMENT This License Agreement is between MOTOROLA, INC., a Delaware Corporation, by and through its Land Mobile Products Sector, having an office at 1301 East Algonquin Road, Schaumburg, Illinois 60196 ( "Motorola ") and the licensee named below ( "Licensee "). WHEREAS, Motorola has developed or acquired, or will develop or acquire Programs (as hereinafter defined) and /or Programs for incorporation into Motorola Products; WHEREAS, when the Licensee purchases, from time to time through various purchase contracts or otherwise, Programs and/or Programs incorporated into Motorola Products, the Licensee acquires certain rights in such Programs and may utilize such Programs in accordance with this License Agreement; and WHEREAS, at the time of purchase by Licensee, a Software License Level may be indicated for each Program or Program contained within a Motorola Product on such purchase contracts or otherwise. NOW, THEREFORE, in consideration of the premises and the mutual covenants hereinafter expressed, Licensee and Motorola agree as follows: Section 1 DEFINITIONS 1.1 "LICENSEE" shall mean the licensee indicated at the end of this Agreement. 1.2 "LICENSED SUBSIDIARIES" shall mean all Subsidiaries of Licensee that have executed this Agreement or.an Addendum hereto agreeing that the terms and conditions of this Agreement shall apply to such Subsidiary. Upon becoming a Licensed Subsidiary, such Subsidiary shall be treated for all purposes as a Licensee hereunder and shall be bound by all of the terms and conditions hereof. 1.3 "LICENSEE'S PERSONNEL" shall mean any person who is directly employed by the Licensee. 1.4 "MOTOROLA PRODUCTS" shall mean products designed, manufactured, acquired and /or sold by Motorola's Communications Sector, as identified in purchase contracts or as otherwise identified. 1.5 "PROGRAMS" shall mean object code software for use in conjunction with Motorola Products or for use within Motorola Products. 1.6 "SUBSIDIARY" shall mean any corporation, company, or other entity more than fifty percent (50 %) of whose outstanding shares of stock entitled to vote for the election of directors (other than any shares or stock whose voting rights are subject to restriction) is owned or controlled by a party hereto, directly or indirectly, now or hereafter, but any such company or other entity is a Subsidiary only so long as such ownership or control exists. 1.7 "TRANSFEREE" shall mean a third party corporation, company, or other entity (other than a Licensed Subsidiary) that may acquire rights in certain Programs having a Level Two Software License through a written agreement with the Licensee. MOTOROLA CSA U.S. Revised 1/95 1 ' • El Section 2 LICENSE 2.1 LEVEL ONE SOFTWARE LICENSE: Motorola hereby grants to Licensee a personal, non- exclusive, and nontransferable Level One Software License for Programs purchased by Licensee which are identified, in writing, as Level One Software, and for any such Programs that do not have an expressly written software level. A Level One Software License shall contain the following terms and provisions: 2.1.1 Licensee may use such Programs solely for the intended purpose of the Programs; 2.1.2 Licensee may only use Programs in the United States, in a country expressly stated in purchase contracts pertaining to the Programs, or in a country that is otherwise identified in a written agreement that is signed by at least Motorola; 2.1.3 Licensee shall not disseminate, disclose, or make available the Programs, or any parts thereof, in any form to a third party without the express written consent of Motorola; 2.1.4 Licensee shall not disassemble or reverse engineer the Programs, or any portion thereof, without the express written consent of Motorola; 2.1.5 Licensee will take appropriate action, by instruction, agreement or otherwise, with any persons, including Licensee's Personnel, permitted access to the Programs, such that Licensee satisfies its confidentiality obligations under this License Agreement; 2.1.6 Licensee shall not make copies of the Programs without the express written consent of Motorola, except for up to four (4) backup copies; 2.1.7 Title to Programs and any copies thereof, in whole or in part, and all rights in patents, copyrights, trade secrets, and other intellectual properties of such Programs are vested in Motorola; 2.1.8 The Licensee shall include all copyright notices, trademark notices, and other proprietary legends in accordance with Motorola's instructions on all copies of the Programs it makes; and r; 2.1.9 Licensee acknowledges and agrees that the existence of any copyright notice on any Program shall not be construed as an admission or presumption that publication of such Program has occurred. 2.2 LEVEL TWO SOFTWARE LICENSE: Motorola hereby grants to Licensee a personal, non- exclusive, transferable Level Two Software License for such Programs purchased by Licensee which are identified, in writing as Level Two Software. A Level Two Software License shall contain the following terms: 2.2.1 Licensee may use such Programs solely for the intended purpose of the Programs and only in the distributed form of the Programs; MOTOROLA CSA U.S. Revised 1/95 2 04 2.2.2 Licensee shall not make copies of the Programs except for four (4) back -up copies; however, this restriction does not include records stored on electronic or magnetic media that have been created by the Programs and used for system management purposes; 2.2.3 Licensee shall not modify, adapt, or merge the Programs; 2.2.4 Licensee shall not make the Programs available to a third party that is not bound by a similar License Agreement and does not have a need to know; 2.2.5 Licensee may not disassemble, decompile, or otherwise reverse engineer the Programs; 2.2.6 Licensee shall pay all applicable sales and use taxes or certify its exemption therefrom; 2.2.7 Licensee shall comply with the export regulations of the Office of Export Administration for the United States Department of Commerce; 2.2.8 Licensee may transfer such Programs in their entirety to a Transferee, but only if the Transferee uses the Programs under the same License terms and provisions as specified herein from Motorola; and 2.2.9 Title to Programs and any copies thereof, in whole or in part, and all rights in patents, copyrights, trade secrets, and other intellectual properties of such Programs are vested in Motorola. 2.3 LEVEL THREE SOFTWARE LICENSE Motorola hereby grants to Licensee a personal, non- exclusive, and nontransferable Level Three Software License for such Programs purchased by Licensee which are identified, in writing, as Level Three Software. A Level Three Software License shall contain the following terms and provisions: 2.3.1 Licensee may use Programs solely for the intended purpose of the Programs; 2.3.2 Licensee may only use Programs at a site, or sites, expressly stated in purchase contracts pertaining to the Programs, or at a site, or sites that are otherwise identified in a written agreement that is signed by Motorola: If a site is not specified, the Licensee may use the Programs only at the facility where the Programs were initially installed; 2.3.3 Licensee shall not disseminate, disclose, or make available the Programs, or any parts thereof, in any form to a third party without the express written consent of Motorola; 2.3.4 Licensee shall not disassemble or reverse engineer the Programs, or any portion thereof, without the express written consent of Motorola; 2.3.5 Licensee will take appropriate action, by instruction, agreement or otherwise, with any persons, including Licensee's Personnel, permitted access to the Programs, such that Licensee satisfies its confidentiality obligations under this License Agreement; 2.3.6 Licensee may make copies of the Programs, but only in sufficient quantities to service • the site, or sites, expressly stated in purchase contracts pertaining to the Programs or otherwise identified in a written agreement that is signed by at least Motorola. If a site is MOTOROLA CSA U.S. Revised 1195 3 . x • not specified, the Licensee may only make copies of the Programs in sufficient quantities to service the facility where the Programs were initially installed; 2.3.7 Title to Programs and any.copies thereof, in whole or in part, and all rights in patents, copyrights, trade secrets, and other intellectual properties of such Programs are vested in Motorola; 2.3.8 The Licensee shall include all copyright notices, trademark notices, and other proprietary legends in accordance with Motorola's instructions on all copies of the Programs it makes; and 2.3.9 Licensee acknowledges and agrees that the existence of any copyright notice on any Program shall not be construed as an admission or presumption that publication of such Program has occurred. Section 3 PROVISIONS AND CONDITIONS FOR SOFTWARE LICENSES 3.1 Licensee agrees to pay for each Program, a one -time, lump -sum, License fee. Each such License fee shall be due and payable upon receipt of invoice unless otherwise specified. Service charges at the maximum rate permitted by applicable law may be invoiced on accounts more than ten (10) days past due and shall be due and payable upon receipt of invoice for such service charges. 3.2 The License fee for each Program will be listed in Motorola Communication Sector's current Price Book, current addendum to such Price Book, or other tangible form. License fees in the Price Book are subject to change without notice. Orders for each Program will be billed at the License fee in effect on the day Licensee's order is entered. 3.3 Licensee shall pay all sales, use and excise taxes, and any other assessments in the nature of taxes, however designated: 3.3.1 on each Program or its License or use; 3.3.2 resulting from this License Agreement; or 3.3.3 on any amount payable for any services furnished under this License Agreement, exclusive of personal property taxes assessed on the Program and taxes based on Motorola's net income, unless Licensee furnishes Motorola with a certificate of exemption from payment of such taxes which is in a form reasonably acceptable to Motorola. 3.4 Licensee shall not assign or transfer this License Agreement or sublicense any Program purchased under this License Agreement without the prior written consent of Motorola. Any prohibited assignment, transfer or sublicense shall be null and void. 3.5 Motorola reserves the right to assign this License Agreement, encumber or sell any Program, or subcontract any of its obligations hereunder, either in whole or in part, without notice to or the consent of Licensee. MOTOROLA CSA U.S. Revised 1/95 4 3.6 Motorola shall not be responsible for support or field service of any Program under this License Agreement. Any maintenance by Motorola, if available, shall be by separate agreement on Motorola's then current terms and conditions and at Motorola's then current prevailing rates for such maintenance. Section 4 TERM OF LICENSE AGREEMENT 4.1 This License Agreement shall have a term of ten (10) years and shall be applicable to all Programs and /or Programs contained within Motorola Products that are purchased, or otherwise acquired, by Licensee, or Transferee, during the term of this License Agreement. 4.2 This License Agreement may be terminated prior to the expiration of the ten year term for the reasons set forth in Section 6. For premature termination, the procedures specified in Section 6 must be followed. Section 5 CONFIDENTIALITY 5.1 Licensee shall keep each Program confidential and shall not use any Program for any purpose other than its intended purpose. 5.2 Licensee shall restrict access to each Program to Licensee's Personnel who have a need to know. 5.3 Licensee shall not disclose or disseminate Programs, or any parts thereof, to any third party during the term of this License Agreement and for a period of ten years after the termination of this License Agreement, without the express written consent of Motorola. 5.4 The obligations of this Section 5 shall survive the expiration, termination, or cancellation of this License Agreement for any cause. 5.5 The obligations of this Section 5 shall not apply to information that: 5.5.1 Is or becomes publicly known through no wrongful act on the part of Licensee; 5.5.2 Is already known to Licensee at the time of disclosure; 5.5.3 Is rightfully received by Licensee from a third party without breach of this License Agreement; or 5.5.4 Is explicitly approved for public release by written authorization of Motorola. Section 6 TERMINATION 6.1 If either party commits a material breach of any of its obligations set forth herein, in a purchase contract for Programs, or other agreement regarding Programs, the other party may give written notice of termination to the breaching party. The written notice of termination shall specify the material breach and must specify whether the entire License Agreement is being terminated or whether the License Agreement is being terminated with respect to a particular Program, or particular Programs. Upon receipt of the written notice of termination, the breaching party shall MOTOROLA CSA U.S. Rcviscd 1/95 5 • have sixty (60) days to cure the material breach_ In the event that the material breach is not cured during the sixty (60) days, the License Agreement is terminated as specified in the written notice of termination. 6.2 The termination set forth in Section 6.1 shall not be exclusive of any other remedies or means of redress to which the non - breaching party may be lawfully entitled. 6.3 Upon termination of this License Agreement or termination of this License Agreement for any particular Program(s), Licensee shall promptly forward to Motorola, or to Motorola's designee, all copies of Programs for which this License Agreement is terminated. Section 7 WARRANTY 7.1 For the first one (1) year following its initial shipment, Motorola warrants that, when properly used, its Programs will be free from reproducible defects that cause a material variance from its published specification. However, Motorola does not warrant that Program operation will be uninterrupted or error -free, that each defect will be corrected, or that any Program will meet Licensee's particular requirements. 7.2 MOTOROLA'S TOTAL LIABILITY AND LICENSEE'S SOLE REMEDY FOR ANY WARRANTED PROGRAM SHALL BE LIMITED TO, AT MOTOROLA'S OPTION, PROGRAM REPLACEMENT OR THE PAYMENT OF LICENSEE'S ACTUAL DAMAGES, NOT TO EXCEED THE SUMS PAID TO MOTOROLA FOR THE MOTOROLA PRODUCT INCORPORATING THE DEFECTIVE PROGRAM. THIS WARRANTY EXTENDS ONLY TO THE FIRST LICENSEE; SUBSEQUENT TRANSFEREES ACCEPT THESE PROGRAMS "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. THIS WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 8 LIMITATION OF LIABILITY 8.1 The entire Motorola liability to Licensee for damages concerning performance or nonperformance by Motorola under the License Agreement or in any way related to the subject matter of the License Agreement, regardless of whether-the claim for such damages is based in contract, tort or otherwise, and Licensee's sole and exclusive remedy shall be limited to the payment by Motorola of actual damages not to exceed the total License fee paid by Licensee for the Program, or Programs that caused the damages or is the subject matter of or is directly related to such claim. 8.2 IN NO EVENT SHALL MOTOROLA BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF USE, TIME OR DATA, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS) TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW EVEN IF MOTOROLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM AGAINST LICENSEE BY ANY OTHER PARTY. MOTOROLA CSA U.S. Revised 1195 C7 • Section 9 INDEMNIFICATION If promptly notified in writing, Motorola will defend any suit against Licensee that claims that U.S. patents, copyrights, or trade secrets of another have been infringed solely by Motorola's unaltered Programs and will pay ,tny associated costs or damages finally awarded. Upon Motorola's request, Licensee agrees to reasonably assist in any defense and surrender control of the suit to Motorola. Motorola may elect, at any time, to modify or replace these Programs with equivalent non- infringing items, obtain the right to continue using the Programs or, if these remedies are not reasonably available, terminate this License Agreement with respect to such Programs. Motorola shall have no liability for infringement that arises from any modification of Motorola's Programs by Licensee or from Licensee's combination of Motorola's Programs with another's. Section 10 GENERAL PROVISIONS 10.1 This License Agreement constitutes the complete and exclusive statement of the agreement between Motorola and Licensee, and supersedes all oral or written proposals, prior agreements and other prior communications between the parties, concerning the subject matter of the License Agreement. 10.2 All formal notices, consents and other communications, required or permitted under this License Agreement shall be in writing and shall be sent in such a way as to assure receipt by the other party. Either party may change its address for formal notices by written notice to the other party. 10.3 This License Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 10.4 No representation or promise relating to, and no amendment of, this License Agreement shall be binding unless it is in writing and signed by both parties. 10.5 The terms and conditions of this License Agreement shall prevail notwithstanding any variance with the terms and conditions of any order submitted by Licensee. 10.6 Motorola shall not be liable for any failure to perforrn, due to causes beyond its reasonable control. 10.7 No waiver by a party of any breach of any provision of this License Agreement shall constitute a waiver of any other breach *of that or any other provision of this License Agreement. 10.8 Licensee recognizes that applicable Federal Communications Act and other statutes, laws, ordinances, rules, and regulations may change from time to time and that accordingly Motorola in its sole discretion has the right without liability to modify this License Agreement to comply with such change. 10.9 In the event that any of the provisions contained in this License Agreement are held to be unenforceable, this License Agreement shall be constnied without such provisions. 10.10 No action, regardless of form, arising out of the License Agreement may be brought by Licensee more than one (1) year after the cause of action has arisen. MOTOROLA CSA U.S. Revised 1/95 7 10.11 When, at the time a Program or Program contained within a Motorola Product is shipped, a Software Level is not indicated in the purchase contract or otherwise, such Program shall be deemed Level One Software. The Software Level of a Program may be amended by a written agreement signed by Motorola. ACCEPTED AND APPROVED AS OF , 1995. MOTOROLA: LICENSEE: MOTORO INCTSieat BY: �J �` BY: A"" ! X44 '4 (A�thorize ) (Authori-e4 Signature) Please type the following: Please type the following: NAME: Robert C. Janesak / NAME: t�%Z%_Gfl/L4'(,• bOAAW TITLE: Asstistant Secretary /ControlfITEE: A ,4St:5r.44/7- DATE: DATE: Customer #: Address for Formal Notices: Address for Formal Notices: Motorola, Inc. 1303 East Algonquin Road Schaumburg, Illinois 60196 Attn: Intellectual Property Department Attn: LICENSED SUBSIDIARIES (if any) NAME: TITLE: DATE: • MOTOROLA CSA U.S. Revised 1/9.5 8 01 • • N • � I 11 I) I I 0 � � .- i 1 I o "'� o i ' 00000io rO t010 tO _ t0 t +0a � �_�_37C3 7C37Cx m "1 I -4 m��O m" J;, o X O -4-4� Z =p ZG�Q Z- � -Z�Z =Z vZZZ I. Mi N J1 . i( .. i0 zZZZ I2�OK M (�- 4C�omDDD,(�;1(7C7m i2 & i- �Mr"S�- >1M pm CAS,y mz0WW 1"� >-1 rSC >DD -4-/ yyoZ�OOpOO�Q I I ZZOS.. >D; >�>DC�r -+ OOOISIca) =rmr�o, IpM plc O oC�cntncn^ OOiMIC;>o r.M >.m -� cc�.. (n P L nEvNM'OxMp�?ZO�� Q_..I.. -n ZTp�OCmZmIm o O �o >l-� -Ar vv ccl>-+I�c� ;�omg �1 o�S�momOlop� ZI�(�mp gym.. 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OOm ZN • �C7ZNm NNLI ayQ 81 v l A CTtJ$ plQ.f Z�Q ¢¢ap ZZ 8Qmm� C + V . �.YT'imNOD Pia m N rya xl �• a., �Q.wI -� <A W BIZ a V m A A A A A A A -��Dao A A A m -1 A r- m �w" 1 am$ Q I r'�" >�- � �> �I+Im� Ilq�3;�'�Iv�o�-o� -� -�C1I C 0 A o �m � -0 M ca Z��j c x s 3 A IA I I � a o �ipE ���C a 1CN n Z — p Z c �I d �_ymj C� of n I (A� m m �.. �� Iry i m_4 aQ�� -� � Sz A IIII imi nu� �i�m li� u n e umn *I • I i I W 1 W; + I +I 1 +I 1 vy °-� Qm+ Q vl °� Q,N�1 ,DI v Q °v, O BoNZODc�o_VpNZIoO�� Imo" pNO_DO+ N� �N CfI4411 4 r lug �NI� OS N r N r, IM IZI0I�ID ICA la c w r. . O -c y a i f71� O D -c x1.31 y Z 0 �� o -1 a� n2 z�r '�O Oz� I Iwi O c)z'z.m ja 1 ; O f '� Am�zl�? Q nm znm�ilsl -IZ�? �Z MZ yy I IZmm�0 z 4 m z �Z R� IL -�00 02� l� Oz 'i Ozy 7 Q =0 7C =0 T r�tt11 I�7c as a Rx I ern , �r�rr11 O�c . 1 i , kxC)x CA . v -4 -+ xxc)x y-+m ° -� v -� y-•�m1 x xc)x �xmx mx x _xmx x r r r • • Palm Beach Gardens STATEMENT OF WORK PROJECT IMPLEMENTATION General Statement of Work The successful integration of the City of Palm Beach Gardens system requires a well- experienced system implementation team using the latest in planning and scheduling techniques. There are many resources that must be managed to insure that a quality implementation is completed on time. These resources include; Motorola manufacturing facilities, third party vendors, local subcontractors, Motorola technical support personnel, and the local Motorola Service Center. To insure the most efficient and effective use of these resources, Motorola will designate a Project Manager to head the integration and implementation team effort. This Project Manager is trained in the latest methods and practices that constitute the Project Management profession. The methods include: Project Planning - Identifying the tasks to be accomplished, the work to be performed, and the resources required. This is an important factor in determining the project's mission and identifying project milestones. Project Scheduling - Determining the time frame for tasks to be completed. This can affect the timing of the design, manufacturing, and implementation stages. Project Control - Coordinating the activities of the applicable resources. Project supervision also ensures that proper documentation, project review meetings, and timely reporting of status and problem areas are performed throughout the implementation process. System Quality Palm Beach Garde,.s Statement of Work assure Palm Beach Gardens a ualit q y installation. Very important to the success of system implementation is the time frame within which it is completed. Motorola realizes the importance of completing a project on time and the impact a late project can have on an entire organization. As part of the final contract, Motorola will furnish a detailed project implementation schedule which will be mutually agreed upon with Palm Beach Gardens. -This schedule will be the sole basis for determining progress and performance of work completed during the project. All contractual milestones shall be established as part of the implementation schedule. MOTOROLA RESPONSIBILITIES General The following summary describes the responsibilities that Motorola has determined necessary to provide a successful implementation of Palm Beach Gardens system. These responsibilities include the work required to furnish and install the equipment proposed and also modifications or improvements to Palm Beach Gardens facilities in order to accommodate the integration of the new system. Included in the contract will be a detailed list of equipment to be furnished. What is outlined here are the responsibilities required for implementation detailed by sites. After the equipment and services defined here are implemented, the complete system purchased will be optimized and performance tested. Upon completion of the performance evaluation, Motorola will perform a quality audit to insure all standards have been adhered to. Motorola will provide for a soil boring analysis to determine the exact requirements for the foundation of the tower, if the toweribuilding option is selected by Palm Beach Gardens. Our proposal price includes a good faith estimate of the conditions and requirements for the tower foundation. Should the soil analysis reveal that conditions exist which are beyond normal conditions and the foundation estimate must be adjusted, Motorola would then request a change be negotiated in the contract price to reflect that adjustment. User training for subscriber radio, console and system information processor terminal is included in our proposal. This will consist of one class for each of four subject areas: a) SIP systems management terminal (2 days), b) dispatch consoles (1 day), c) mobile radio (1 day), d) portable radio (1 day). These classes should contain attendees who would be designated trainers, who would in turn conduct training for those unable to attend the Motorola conducted classes. f • • Palm Beach Garde-,.s Statement of Work Motorola will provide 7 days per week, 24 hours per day response for fixed end equipment during the one year (after acceptance or commencement of beneficial use) warranty period. Subscriber units will be serviced during normal working hours, Monday through Friday, 8:00 am to 5:00 pm, at the Motorola service shop. Motorola will assign a Project Manager and Engineer to oversee all aspects of the implementation, and complete "as- built" documentation will be provided at the end of the project. Police Department Building Tower, Building, and Exterior (If this option is selected) - Provide soil boring analysis for tower foundation - Provide engineering design for tower foundation - Furnish and install 150' self supported tower with foundation - Furnish and install 12'x 18' fiberglass equipment building (building to include 30 Kw LPV emergency generator) - Provide proper halo grounding system for tower and building - Provide site fencing around base of tower and building - Furnish and install cable bridge from tower to building - Furnish and install air conditioning system to cool equipment shelter - Furnish and install new cable tray ~ - Install electrical distribution and furnish duplex outlets on cable tray - Furnish and install 8 port transmission line entry panel - Furnish and install complete interior halo grounding system Equipment Installation - Install all equipment per equipment list e t Palm Beach Gardet ,a Statement of Work - Install all antennas and lines on tower and route into equipment room - Furnish and install new UPS battery back -up unit - Furnish and install A.C. line surge suppression system - Fumish and install telephone line surge protection - Optimize equipment supplied by Motorola Dispatch Room - Install console equipment - Install SIP terminal Subscriber Radio Equipment - Program mobiles and portables - Install mobiles (work performed at Motorola service shop) PALM BEACH GARDENS RESPONSIBILITIES General The scope of work as outlined in Project Implementation section was developed using standard forecasting and scheduling practices. Motorola has visited all of the facilities involved in the implementation of Palm Beach Gardens' system. Total quality control and customer satisfaction has been our goal in formulating our proposal. The following are the responsibilities of Palm Beach Gardens. Police Department Building Exterior to the Building - Provide assistance in obtaining any required permits or 344 t Palm Beach Gardens Statement of Work / variances. t_ - Provide access for all work to be performed - Provide all required FCC and FAA permits and licenses - The following would be necessary if Motorolawere to provide tower and building option - Block off access to area from public during tower construction - Provide for electrical service to tower and building. (Also necessary if Motorola is not selected to provide the tower and building Dispatch Room and Subscriber Radio Equipment - Provide access and availability to all equipmentfvehicies requiring modification or installation - Coordinate with the Motorola Project Manager to insure the availability does not cause delays in the project schedule • • • Mar -04 -99 12:26P CONTRACT ADDENDUM In accordance with the terms of the Communications System Agreement, dated March 21, 1996, between tie City of Palm Beach Gardens and Motorola, Inc., the following changes and additions are approved:" A new Statement of Work, System Description, Coverage Prediction Methodology, Equipment List; and Equipment Acceptance Test Plan, all dated January 15, 1999, will replace the documents listed in Exhibit C. P.02 In accordance with Section 6, Payment Schedule. paragraph B. a contract price adjustment from $207,663.53 to $206.124.09 has been applied. The following payment`schedule will apply: at-', 30� ofsMc co,vrs��T r..P•« O.��GC �� •cv io vi urcCuiivacc ■ou� iiFrvii ti,viiva�i aiyiirii3 :vm of the contract value upon shipment /SY. e <r�t a.,.r.�..ar upo.i iivrrr.c �a..Pc.�r/ry kl� _._i.._ _ v _ ✓ -u is c.Viin aril 1Piiar. a�,.ivii in �P� cc.crco �ii.c� `/31'x,.✓ 5�.6 if 1Mt 6a ✓Yw�Gr &1,v.•+ oi—#' /1czCnur,*A/vC All payments are due NET 25 DAYS from invoice date. A purchase order will be issued before the contract expiration date of Much 21..100flr- Unless amended abov- - all other tenns and conditions of the Agreement shall remain in full force and effect. In witness whereof the said parties have caused this Agreement to be executed as of the lest date and year signed below. CITY OF PALM BEACH GARDEN B� �luc Lauren Furtado Title: Vice Mayor Date: March 18, 1999 MOTOROLA, INC. ttilliam E. C. ping 2.1I Assistant secretary. MCEi/ 1'itlz: Division Controller January 19, 1999 Date: Fi?PROVi, �� • 0 ok- -- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 11/06/00 Meeting Date: 11/16/00 Subject/Agenda Item Resolution 108, 2000, Appointing Kenneth Altman to the Board of Trustees of the Firefighter's Retirement Pension. Recommendation /Motion: Consider a motion to approve Resolution 108, 2000. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: (Total) City Attorn Finance [ ] Approved $ 0 [ ] Approved w/ Finance Current FY conditions [. ] Denied ACM Advertised: Funding Source: [ j Continued to: Other Date: [ ] Operating Attachments: Paper: [ X ] Not Required [ ] Other Memorandum Submitted by: Kent R. Olson Department Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ X ] Not required BACKGRO See attached memorandum. ra CITY OF PALM MEMORANDUM TO: Mayor and City Council DATE: November 6, 2000 APPROVED: Ronald M. Ferris, Interim City Manager FROM: Kent R. Olson, Finance Director I RV SUBJECT: Resolution 108, 2000, Appointment to the Fire Pension Board BACKGROUND The City's defined benefit pension plan for firefighters is governed by a Board of Trustees consisting of five members. The City Council appoints two residents to the Firefighters' Pension Trust Fund to serve as employer trustees. The firefighters elect two trustees, and these four trustees choose a fifth trustee to provide the Board with five members. All trustees serve for a two -year term and may succeed himself or herself. DISCUSSION Kenneth Altman has served as a City of Palm Beach Gardens trustee for the Firefighters' Retirement Trust Fund for the past four years. Ken's term will expire on December 31, thus the City Council needs to make an appointment to the pension board. Mr. Altman would like to continue serving, and we have no applications on file from other interested citizens at this time. Ken, an enrolled actuary, is the former Executive Director of the New York State Employees Retirement System and Police and Firefighters' Retirement System. Ken will continue to be an asset to the pension board if re- appointed. RECOMMENDATION Staff recommends adoption of Resolution 108, 2000, appointing Kenneth Altman to the Board of Trustees for the Firefighters' Retirement Trust Fund. 1] • • RESOLUTION 108, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPOINTMENT OF ONE (1) MEMBER TO THE BOARD OF TRUSTEES OF THE CITY OF PALM BEACH GARDENS FIREFIGHTERS' PENSION TRUST FUND; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 38 -53 of the Palm Beach Gardens Code of Ordinances provides for the appointment of members to the Board of Trustees of the Firefighters' Pension Trust Fund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Pursuant to Section 38 -53 of the Palm Beach Gardens Code of Ordinances, Kenneth Altman is hereby appointed as a member of the Board of Trustees of the Firefighters' Pension Trust Fund for two (2) years, which term of office shall expire on December 31, 2002. Section 2. Effective Date. This Resolution shall be effective immediately upon its adoption. INTRODUCED, PASSED AND ADOPTED this 16th day of November, 2000. MAYOR JOSEPH R. RUSSO ATTEST: APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CAROL GOLD, CMC, CITY CLERK VOTE: AYE MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO WATTERSON, HYLAND & KLETT, P.A. CITY ATTORNEY NAY ABSENT MLE_SRVIFINADMINUCENT ORDINANCES& RESOLUTIONSURESOLUTION1082000FIREAPPT .DOC • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 11/06/00 Meeting Date: 11/16/00 Subject/Agenda Item Ordinance 34, 2000, Providing for Changes in the Fire Pension Plan. Recommendation /Motion: Consider a motion to approve Ordinance 34, 2000 on first reading. Reviewed by: Originating Dept.: Costs: $---L— Council Action: (Total) City Attorney Finance [ ] Approved $ 0 [ ] Approved w/ Finance Current FY conditions [ ] Denied ACM Advertised: Funding Source: [ ] Continued to: Other Date: [ ] Operating Attachments: Paper: [ ] Not Required [ ] Other Memorandum Submitted by: Kent R. Olson V90 Department Director Affected parties ( ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ X ] Not required BACKGRO 4 : See attached memorandum. • • CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and City Council DATE: November 6, 2000 APPROVED: Ronald M. Ferris, City Manager FROM: Kent R. Olson, Finance Director K R� SUBJECT: Ordinance 34, 2000 - Fire Pension Retirement Plan Revisions BACKGROUND The Fire Pension Retirement Plan provides for the employees to share the funds the State collects from a local tax on homeowners' insurance (fire insurance portion) to enhance the benefits firefighters receive from the City of Palm Beach Gardens. This "Share Plan" was initiated by Ordinance 27, 1998. The firefighters, after much discussion, are asking the City Council to change the distribution of these monies as outlined in Ordinance 34, 2000. DISCUSSION The original distribution formula was based upon the salary received by each employee as a proportion of the total salaries paid. In Ordinance 34, 2000, the firefighters are proposing to change the system to distribute these monies strictly based upon seniority. In addition, Ordinance 34, 2000 also provides the Fire Pension Fund with the ability to accept lump sum distributions from other eligible retirement plans to fund the purchase of Credited Service. These changes to the Plan will not have a cost impact upon the City. RECOMMENDATION Staff recommends approving Ordinance 34, 2000 on first reading, providing for changes to the Fire Pension Retirement Plan. • • ORDINANCE 34,2000 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS AMENDING CHAPTER 38, FIRE PREVENTION AND PROTECTION, ARTICLE 11, FIRE DEPARTMENT, DIVISION 2, FIREFIGHTERS' PENSION TRUST FUND, OF THE CODE OF ORDINANCES OF THE CITY OF PALM BEACH GARDENS; AMENDING SECTION 38 -51, DEFINITIONS; AMENDING SECTION 38 -78, SUPPLEMENTAL BENEFIT; CHAPTER 175 SHARE ACCOUNTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND, PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA; SECTION 1: That Chapter 38, Fire Prevention and Protection, Article II, Fire Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -51, Definitions, is hereby amended by amending the definition of "Credited Service ", to read as follows: Credited Service means the total number of years and fractional parts of years of service as a Firefighter with Member contributions, when required, omitting intervening years or fractional parts of years when such Member was not employed by the City as a Firefighter. A Member may voluntarily leave his Accumulated Contribution in the Fund for a period of five (5) years after leaving the employ of the Fire Department pending the possibility of being reemployed as a Firefighter, without losing credit for the time that he was a Member of the System. If a vested Member leaves the employ of the Fire Department, his Accumulated Contributions will be returned only upon his written request. If a Member who is not vested is not reemployed as a Firefighter with the Fire Department within five (5) years, his Accumulated Contributions shall be returned. Upon return of a Member's Accumulated Contributions, all of his rights and benefits under the System are forfeited and terminated. Upon any reemployment, a Firefighter shall not receive credit for years and fractional parts of years of service for which he has withdrawn his Accumulated Contributions from the Fund, unless the Firefighter repays into the Fund the contributions he has withdrawn, with interest, as determined by the Board, within ninety (90) days after his reemployment. The Fund is 1 authorized to accent lump -sum rollover distributions from other eligible retirement plans to fund the purchase of Credited Service provided for in this Fund. The years or fractional parts of a year that a Member serves in the military service of the Armed Forces of the United States, the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily, after separation from employment as a Firefighter with the City to perform training or service, shall be added to his years of Credited Service for all purposes, including vesting, provided that: A. The Member must return to his employment as a Firefighter within one (1) year from the earlier of the date of his military discharge or his release from active service. B. The Member is entitled to reemployment under the provisions of the Uniformed Services Employment and Reemployment Rights Act (USERRA), (P.L.103 -353). C. The maximum credit for military service pursuant to this paragraph shall ! be five (5) years. • SECTION 2: That Chapter 38, Fire Prevention and Protection, Article 11, Fire Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -79, Supplemental Benefit; Chapter 175 Share Accounts, subsections 1, 2, 3, 4, 5 and 6, are hereby amended to read as follows: Sec, 38 -78. SUPPLEMENTAL BENEFIT: CHAPTER 175 SHARE ACCOUNTS. There is hereby established an additional supplemental retirement, termination, death and disability benefit to be in addition to the benefits provided for in the previous sections of this Division, such benefit to be funded solely and entirely by the premium tax monies received pursuant to Chapter 175, Florida Statutes. 1. Individual Member Share Accounts. The Board shall create individual Member share accounts and maintain appropriate books and records showing the respective interest of each Member hereunder. Each Member shall have a Member share account for his share of the Chapter 175 tax 2 revenues, forfeitures and income and expense adjustments relating thereto. The Board shall maintain a separate membership share account for each Member, however, the maintenance of separate accounts is for accounting purposes only and a segregation of the assets of the trust fund to each account shall not be required. 2. Share Account Funding. A. Individual Member share accounts shall be credited with all of the monies received from Chapter 175, Florida Statutes, tax revenues in June 1999, plus any supplemental tax revenue amounts received in fiscal year 98 -99 and all similar. tax revenues received in subsequent fiscal years. B. Ei addition, aay forfeitures as provided in subsection 4, shall be allocated to the individual Member share accounts in accordance with the formula set forth in subsection 4. 3. Allocation of Monies to Share Accounts. A. Allocation of Chanter 175 Contributions. (�) Upon receipt of the first premium tax monies attributable to the previous calendar year (beginning with calendar year 1998), an amount of money equal to the amount determined under Section 175.122, Florida Statutes, Limitation of Disbursement, shall be allocated to individual Member share accounts in an amount directly proportionate to the Salary , which the Member was paid compared to the total Fire Department payroll (as determined under Section 175.122, Florida Statutes) in the calendar year preceding the date for which Chapter 175, Florida Statutes, tax revenues were received. In addition, any amount of money described in subsection 2.A. above attributable to the previous calendar year and not otherwise distributed pursuant to the previous sentence, shall be allocated to each individual Member account in an amount directly proportionate to the number of pay periods for which the Member was paid compared to the total 3 355 number of pay periods for which all Members were paid, counting the pay periods in the calendar year preceding the date for which the Chapter 175, Florida Statutes, tax revenues were received. (2) Effective October 1. 2000 (onlv as to funds received on or after the effective date of the ordinance adopting this Section), the allocation method in subsection 3.A.(1) above shall be discontinued and premium tax monies received on or after that date shall be allocated as nrovided for in this paragraph (2). All monies received from Chapter 175. Florida Statutes. premium tax rebates. including anv supplemental pavments. shall be allocated to individual Member share accounts at the end of each fiscal year on September 30 (a "valuation date ") in an amount determined as follows: On each valuation date, each current Member of the Plan and each Retiree. Beneficiarv. or terminated vested person who is otherwise eligible for an allocation as of the valuation date shall receive a share allocation in accordance with the following schedule: Years of Credited Service Share Allotment 1 -3 4 4 -6 7 -9 f 10-12 Z 13- 15 $ 16-18 9- 19-21 10 21-24 11 25 or more 12 355 • 5 Members with less than one (1) vear of Credited Service on a valuation date shall receive no allotment. Periods of unpaid leave or purchased Credited Service for Family and Medical Leave (Sec. 38 -77) or purchased Credited Service for Military Service Prior to Employment (Sec. 38 -75) shall not be used in calculatinLy Credited Service for purposes of share allotment. Credited Service received as a result of a separation from emplovment for military service shall be used in calculatine Credited Service for purposes of share allotment. Members (or their Beneficiarv) who retire. die or terminate emplovment other than on a valuation date shall receive a share allotment based on their vears of Credited Service. determined as of the date of Retirement, death or termination. multiplied by the following applicable fraction based upon the month in which the Retirement, death or termination occurred: October .083 April .583 November .166 May .666 December .250 June .750 January .333 July .833 February .417 August .917 March .500 September 1.00 The total funds subject to allocation on each valuation date shall be allocated to each share account of those eligible for an allocation in an amount eaual to a fraction of the total amount with the individual share allotment for the vear as the numerator of the fraction and the sum of the • 5 • • [7 total share allotments for the vear as the denominator of the fraction. B. Allocation of Investment Gains and Losses. ittttie- end -of 911 each ar- tluartcr valuation date, each individual share account shall be adjusted to reflect the earnings or losses resulting from investment during the quarter year. The investment earnings or losses allocated to the individual Member share accounts shall be in the same percentage as are earned or lost by the total investment earnings or losses of the Fund as a whole, unless the Board dedicates a separate investment portfolio for the Chapter 175 Florida Statutes Share Accounts, in which case the investment earnings or losses shall be measured by the investment earnings or losses of the separate investment portfolio. C. Allocation of Costs. Fees and Expenses. At the end o Qn each calendar qumtcr valuation date, each individual share account shall be adjusted to allocate the costs, fees and expenses of administration of the Fund. Costs, fees, and expenses of administration shall be allocated to each individual Member share account on a proportionate basis taking the costs, fees and expenses of administration of the Fund as a whole multiplied by a fraction, the numerator of which is the total assets in each individual Member share account (after adding the quarterly annual investment gain or loss) and the denominator of which is the total assets of the Fund as a whole. D. No Rieht to Allocation. The fact of allocation or credit of an allocation to a Member's share account by the Board shall not vest in any Member, any right, title, or interest in the assets of the trust or in the Chapter 175 tax revenues 0 except at the time or times, to the extent, and subject to the terms and • conditions provided in this Section. E. Members shall be provided annual statements setting forth their share account balance as of the end of the Plan Year. 4. Forfeitures. Any Member who has less than five (5) years of service credit and who is not otherwise eligible for payment of benefits after termination of employment with the City as provided for in subsection 5 shall forfeit his individual Member share account or the non - vested portion thereof. Forfeited amounts shall be redistributed to the other individual Member accounts at- the- end-of Qn each calel -luaE quaff tz;r valuation date in an amount directly mil__ ____ __L___ _r _____ __._•_1_ r__ ___t_'_L A- - A.f____L_� _____ -_•-I - -3 — .1L - �JI V�JVl LLV11Q lr lV U1G IlUI11UG1 Vi JJ0.y PUILUUb 1V1 W111G11 Ult71VIO1l1UUI Wa.J JJaIU t.V111PtUl -U W U1N ._i_1 _______L __ _r _____� —W _ _11 A.f____L____ ' at__ • J_ ___ a1__ WtCU 1lU1Ilb-c V1 pay Pe IVUJ 1V1 W111t,LL CLL1 IVIGI11VG10 WG1G .Pawl VVU11LL11r , U1G yQy FJGIIVUJ 111 um, ut��l -i.;ar year in"Fumg ulc iuilciu yeai determined in accordance with subsection 3.A.(2). 5. Elieibility For Benefits. Any Member who terminates employment as a Firefighter with the City, upon application filed with the Board, shall be entitled to be paid the value of his individual Member share account, subject to the following criteria: A. Retirement Benefit. (1) A Member shall be entitled to one hundred percent (100 %) of the value of his share account upon normal or early retirement pursuant to Section 38 -56. (2) Such payment shall be made as provided in subsection-6. B. Termination Benefit. (1) In the event that a Member's employment as a Firefighter is terminated by reason other than retirement, death or disability, he shall be entitled to receive an amount equal to the vested portion of his share account balance. The vested portion shall be ' determined in accordance with the schedule in Section 38 -59, subsection 3. 7 • • • (2) Such payment shall be made as provided in subsection 6. C. Disability Benefit. (1) In the event that a Member is determined to be eligible for either an in -line of duty disability benefit pursuant to Section 38 -58, subsection 1. or a not -in -line of duty disability benefit pursuant to Section 38 -58, subsection 3, he shall be entitled to one hundred percent (100%) of the value of his share account. (2) Such payment shall be made as provided in subsection 6. (1) In the event that a Member dies while actively employed as a Firefighter, one hundred percent (100 %) of the value of his share account shall be paid to his designated Beneficiary as provided in Section 38 -61. 6. Payment of Benefits. If a Member terminates employment and is otherwise entitled to receive all or a portion of the balance in the Member's share account, the Member's share account shall be ' - -� r.t -'--` -'-- r'L- '--'-- --- --`-- valued a� u�� �,.0 �� u�� .�� uay �� u�� ��� „u� �u�«� on the next valuation date as provided for in subsection 3 above, following termination of employment. Payment of the calculated share account balance or the vested portion thereof shall be payable not later than rdnety (90) thirty (30) days following the end of uLC, Kuaitei valuation date and shall be paid in one (1) lump sum payment. No optional forms of payments shall be permitted. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 5: That this Ordinance shall become effective upon date of passage. PASSED ON FIRST READING, this day of )2000. PASSED ON SECOND READING, this day of , 2000. PASSED AND ADOPTED THIS THE day of. , 2000. MAYOR JOSEPH RUSSO COUNCILWOMAN LAURENFURTADO VICE MAYOR ERIC JABLIN COUNCILMAN CARL SABATELLO COUNCILMAN DAVID CLARK ATTEST: CAROL GOLD, CMC, CITY CLERK BY: • VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN SABATELLO COUNCIf MAN CLARK bm\pbg \fire \10- 30-0O.ord. APPROVED AS TO LEGAL FORM AND SUFFICIENCY WATTERSON, HYLAND & KLETT, P.A. AYE NAY ABSENT 360 UI D '6 (L U 3: � U O L LL Q_ (� o ZN 0 U ON r c D v c 'L IL CO 4-f E $ a z Q U Cl) V � � a s a�i a� +1 -,E N a� L_ 4J N � O CaC 0 0 N E U c Qm a y 0 0 o �? rn 'r 0 t � i N Q N 0 o � o N Qo' =E aEi o 0 CL 0 �- U m �U C ao LU U �U �U)OL LL Q H O z *' W� 23 O CC U 0 C •L E � a z Q U N V � � U a' z aa) a) *' E +S+ y � � � O C Q C E O � E U 3 c �m C •V N 0 M rn o,oa�oi U a� a =moo s CL OI L 0 � N 0 L r�E Ea� � 0 U H U m •U C ao WV G a: U Cl) 0 W3 2 N O °C U C V- Z c co a N CZ a z F ki", I;z c� p� c `a N V N N Q U N W U � r N N 7 C N � N O � C L N ;C, Q U � � � U � a U E � O N C � 0 o ro � i N N •Np N ro O 0 s N :Lj E o E o N Q. U H 0 QL- �l y U m '6 ao LU Ql- F- v N � M 0 o cc LL H o 2 2a a) ems, O CC �1 t rb__ L a z a U N 9r.-L E C L � Q O oa u m �a m E a y 0 }' V C t E 0 o M [ L L Q _ � O a U � rno � c = a a� � i N O � t 0 -OO O RS O O 0 � O o m 0 U H COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: A Address: City: , 1 ip Subject: - - - t Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings ". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.