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HomeMy WebLinkAboutAgenda Council Agenda 052099All those wishing to address the City Council need to complete the necessary form (supply located in back of Council Chambers) and submit same to the City Clerk prior to the meeting being called to order. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING MAY 20, 1999 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin Councilman David'Clark and Councilman Can arl Sabatello III. ANNOUNCEMENTS: IV. ISSUES AND PRIORITIES: Forbearance Agreement Time Line for Internal Tasks V. CITY MANAGER REPORT: VI. PRESENTATIONS: VII. AWARDING OF BIDS: 1. Golf Cars Lease CtaA k- j � -0 2. Vehicle for the Police Department, —U 3. Installation of Additio al Safet Ne i ttfe Spectator Areas on the New Baseball Fields at Gardens Park C %�'�[ 5 VIII. ITEMS BY MAYOR AND COUNCIL: IX. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit request card to Clerk prior to this Item) X. CONSENT AGENDA: 5-- 1. Consideration of Approval of Mi tes of 5/6/99 Regular Meeting. 2. Resolution 62, 1999 - Consideration of Approval of an Interlocal Agreement Between the City and Palm Beach County for Community Development Block Grant and Home Investment Partnerships Program Activities for Fiscal Years 2000, 2001., and 2002. 3. Resolution 63, 1999 - Consideration of Approval Requesting the U.S. Corps of Engineers to Modify the Existing 5 -44 Water Control Structure. 4. Resolution 64, 1999 - Consideration of Approval of an Extension of the Franchise Agreement between the City and Adelphia Cable. XI. PUBLIC HEARINGS: XII. RESOLUTIONS: Resolution 60, 1999 - Consideration of Approval of the Art- in Public Places Proposal for Burns Road Self Storage Project Located on Lot 13 of the South Park Center within NorthCorp Planned Community District. ( %��J(.�/ -6--70 XII. RESOLUTIONS: (Cont'd): 2. Resolution 61, 1999 - Consideration of Approval of a Sign Variance for 3902 B urns R �c�, (Adv. 5/5/99; To be postponed until June 3, 1999 Council Meeting) "_VV PV04M_1_fi1V 1 57-0 XIII. ORDINANCES: (For Consideration of First Reading) 1. Ordinance 24, 1999 - Providing for Approval of the Application of St. Mark's Episcopal School for Rezoning of 6.1 -acres of Land Located on the North Side of Burns Road, East of Alternate A I A and West of Gardens East Drive, to a Planned Unit Development - Residential, in Order to Construct Private School Playing Fields, Courts and an Associated Structure; Providing for Conditions of Approval. (Consideration of First Reading) a &k �,� 2. Ordinance 25, 1999 - Providing for an Amendment to the Palm Beach Gardens Code of Ordinances by Adding Sections 110 -1, Definitions, and Amending Sections 110 -3, Section 110- 4, Section 110 -36, Section 110 -37, Section 110 -38, and Section 110 -39; Providing for Code Revisions to Allow for Definitions, Maximum Flag Pole Height and Flag Area, Sign Lighting Mechanism Restrictions, Non - Conforming Sign Exemptions, Side Property Line Setback Exemptions, Clarification of Height and Area Restrictions for Wall Signs, Providing for Maximum Letter Height, and Transferring Responsibility for Processing Sign Variance Applications from C'ty C erk to Growth Management Department. (Consideration of First Reading) 3. Ordinance 26, 1999 - Providing for an Amendment to the Palm Beach Gardens Code of Ordinances by Amending Article VIII, Nonconformities Section 118 -611, 118 -612; 118 -613, 118 -614, 118 -615, 118 -616; Providing for Code Revisions to Allow for New Definitions; Providing for Criteria for Normal Maintenance, Alteration or Expansion, Relocation, and Drainage and Restoration of Non - Conforming Structures or Buildings, Nonconforming Use of Premises or Structures and Premises in Combination. (Consideration of First Reading) XIV. ITEMS FOR COUNCIL ACTION: 1. Military Trail Irrigation XV. ITEMS FOR DISCUSSION: 1. Grants 2. Discussion of Joint Meeting with Lake Park XVI. CITY ATTORNEY REPORT: 1. Freedom House XVII. 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 James Waldron, Jr., no later than 5 days prior to the proceeding at telephone number (561) 775 -8255 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. CITY MANAGER'S OFFICE interoffice M E M O R A N D U M TO: Mayor and City Con cil FROM: Bobbie Herakovi , ity Manager Richard Diamond, Assistant City Manager SUBJECT: Information Items for Regular City Council Meeting of 5/20/99 DATE: May 25,1999 ITEM III. ANNOUNCEMENTS Monday, May 31, 1999 - Administrative Offices Closed - Memorial Day Tuesday, June 1, 1999, 7 p.m., Parks and Recreation Advisory Board Wednesday, June 2, 1999, 5:30 p.m., Beautification and Environmental Committee Thursday, June 3, 1999, Noon, Topping Out of Municipal Complex Thursday, June 3, 1999, 7 p.m., City Council Regular Meeting Monday, June 7, 1999, 7 p.m., Code Enforcement Board Tuesday, June 8, 1999, 6:30 p.m., Planning and Zoning Committee Tuesday, June 8, 1999, 6:30 p.m., 3rd Quarterly Neighborhood Program Wednesday, June 9, 1999, 7 p.m., Education Advisory Board ITEM IV. CITY MANAGER REPORT By direction of the City Council at the May 20, 1999 City Council meeting, the Issues and Priorities Item has been postponed to the next meeting. The Construction Manager, Ray Casto, will update the Council on this past month's activities. Also, as requested by the City Council, the Management Information Manager will present proposed technology expenditures for the new complex. Written reports are included in your packet. ITEM VIII. CONSENT AGENDA 1. Consideration of Approval of Minutes of 5/20/99 Regular Meeting The minutes will be delivered along with the staff report for Resolution 47, 1999. 2. Awarding of Bid for the Construction of Pedestrian Bridge on MacArthur Boulevard. Staff is recommending the construction of a pedestrian footbridge and D.O.T. recommended bridge improvements on the east side of MacArthur Boulevard. This expenditure was a priority of the Neighborhood Initiative Task Fore and has been budgeted in FY 98 -99 at $150,000. This past year, a similar bridge was installed at the entrance to Sienna Oaks by Murray Logan Construction. Staff is recommending that the City piggyback off of the Northern Palm Beach County Improvement District award for an amount of $109,154 so that construction can be completed prior to the beginning of the school. Recommend: Consider a motion to award the bid for construction of a pedestrian bridge and bridge improvements to Murray Logan Construction Company in the amount of $109,154 to be paid from FY 98 -99 Gas Tax monies and authorize the Mayor to execute a contract for same. 3. Resolution 65, 1999 - Consideration of Approval of an Agreement between the City and Palm Beach Gardens Youth Athletic Association for use of City Recreational Facilities In June 1998, the City entered into a one year agreement with the Palm Beach Gardens Youth Athletic Association (PBGYAA), which outlined the responsibilities for both entities with regard to the youth sports programs and the use of certain recreational facilities. The agreement expires on June 10, 1999. Staff recommends that the City Council renew the agreement for one year, which shall expire June of 2000. The terms of the agreement are the same, except for a change made to the Sports Calendar to include tackle football and cheerleading. Recommend: Consider a motion to approve Resolution 65, 1999, authorizing the Mayor and City Clerk to enter into an Agreement between the City and the Palm Beach Gardens Youth Athletic Association for the use of certain City recreational facilities. ITEM IX. PUBLIC HEARINGS 1. Ordinance 19, 1999 - Providing for Annroval of Rezoning Certain Areas of T and in the City; and Providing a Legal Description of the Properties Proposed to be Rezoned; Amending the, Official Zoning Man The item is being considered for second reading and adoption. The City of Palm Beach Gardens has initiated the rezoning of certain areas of land in the City. The rezoning is consistent with the City's Comprehensive Plan and Land Development Regulations. The Planning and Zoning Commission has recommended approval of the proposed City - initiated rezonings. At the May 6, 1999 City Council meeting, the City Council recommended approval on first reading with a unanimous vote of 5 -0. Recommend: Consider a motion to approve Ordinance 19, 1999 for second reading and adoption. 2. Ordinance 24, 1999 - Providing for Approval of the Application of St. Mark's Episcopal School for Rezoning of 6.1 -acres of Land Located on the North Side of Burns Road, East of Alternate AIA and West of Gardens East Drive, to a Planned Unit Development -. Residential, in Order to Construct Private School Playing Fields, Courts and an Associated Structure This item is being considered for second reading and adoption. St. Mark's Episcopal School is requesting the rezoning of certain lands to a Planned Unit Development (PUD) and approval of a proposed site plan for private school playing fields, courts and an associated structure that includes an open -air pavilion for physical education, concession booth, restrooms, custodian room, storage area and a room for use by the physical education teacher, to be located on Burns Road, east of Alternate AlA and west of Gardens East Drive. The St. Mark's playing fields are proposed to be located on a vacant parcel at the northwest corner of Burns Road and Gardens East Drive. The applicant intends to use the site as playing fields and courts for students attending their school. Night time use and league play that does not involve the church or school is not anticipated at this time. The proposed site will also provide overflow parking for the St. Mark's Episcopal Church and school. At their April 13, 1999 meeting, the Planning and Zoning Commission voted 7 -0 to approve the petition with conditions. At the May 20, 1999 City Council meeting, the City Council approved Ordinance 24, 1999 for first reading. The proposed changes directed by the City Council have been incorporated into the ordinance. The City Council was concerned with the proposed drainage plan for the project and the impact it would have on the surrounding neighborhood. City Engineer Len Lindahl has met with the applicant and the applicant for the proposed Catalina Lakes project, and a condition has been added to the proposed development order that addresses the drainage concern. Recommend: Consider a motion to approve Ordinance 24, 1999 for second reading and adoption with nine conditions. ITEM X. RESOLUTIONS 1. Resolution 47, 1999 - Consideration of ADnroval of a Site Plan for NorthMil Plaza. At the City Council meeting, Council requested an additional analysis of traffic. While both the petitioner and City's engineer have complied, the analysis is not complete as of this writing. Staff report will be delivered to the Council as soon as available. 2. Resolution 51, 1999 - Consideration of Approval of Soverel Harbour Concurrent Processing The applicant is requesting approval for the concurrent processing of a Comprehensive Plan Land Use Amendment application and a Planned Unit Development application. The site is located approximately 1/4 mile east of the intersection of Prosperity Farms Road and PGA Boulevard, known as "Soverel Harbour" Mixed Use Development. The City's Land Development Regulations requires that the City shall accept concurrent processing of applications only if they meet the five criteria, which are outlined in the staff report. Staff has determined that the petition meets the requirements set forth in the Land Development Regulations and recommends approval of the concurrent processing petition. This approval, if granted, would only be for the concurrent review, which will commence after June 15. Also, the PUD applications cannot be processed by the City until after June 15, 1999 due to the concurrency moratorium established by Ordinance 18, 1999. Recommend: Consideration a motion to approve Resolution 51, 1999 3. Resolution 61, 1999 - Consideration of Approval of a Sign Variance for 3902 Burns Road Seymour Fine, applicant, is requesting a sign variance for an existing ground sign located at 3902 Burns Road, which is at the southwest corner of Burns Road and Riverside Drive. Staff has determined that the sign is non - conforming. The applicant was notified that the sign was made non - conforming by the revised sign code, which was adopted on January 17, 1990. In order for the City Council to grant a sign variance, the petitioner must demonstrate hardship. The existing sign is not in compliance with five requirements of the City's sign code. The petitioner is proposing to comply with three of the five requirements. For the remaining two requirements, setbacks and landscape area, the petitioner is requesting a variance because he is unable to comply with the requirements without creating serious safety hazards on site, particularly the existing traffic circulation. However, the petitioner is proposing to add additional landscaping without causing a conflict to the existing traffic circulation. The City Engineer has reviewed the location of the ground sign and has stated that the location is in compliance with State and County engineering standards regarding corner visibility, however, the sign may not meet the intent of the City's LDRs, particularly Section 98 -68 (landscape code). Staff has determined that the applicant has demonstrated a hardship whereby an applicant cannot reasonably enjoy and utilize the intended benefits provided in Chapter 110 of the City's Code,'and recommends approval of the variance. Recommend: Consider a motion to approve Resolution 61, 1999. 4. Resolution 66, 1999 - Consideration of Approval of Roly's Outdoor Seating at Oakbrook Square Shopping Center Roly's of Dublin, Inc. is requesting approval for outdoor seating to be located within the existing courtyard area of the Oakbrook Square Shopping Center, located at the intersection of U.S. One and State Road AIA. The Shopping Center has undergone an upgrade in appearance with architectural enhancements, parking lot landscaping and a redesign of the interior area. Roly's Restaurant, which was recently added, would like to provide outdoor seating for it patrons. On May 7, 1999, the City Council approved Ordinance 5, 1998, providing guidelines to regulate outdoor seating. Although staff has determined that the applicant has met the conditions outlined in Ordinance 5, 1998, staff does have a concern about the requirement for storing the outdoor seating material. The code states that "outdoor seating shall be stored in a secure manner, whenever, the restaurant is closed to the public." Therefore, staff recommends that the applicant provide security so that the table and chairs are not stolen when the restaurant is closed, however, the applicant does not believe that this condition applies since the outdoor seating area is within a courtyard. In addition, staff has requested a traffic statement, which the applicant will provide prior to this meeting. The traffic statement will be reviewed for traffic concurrency for the additional capacity from the increased square footage of the restaurant. Staff is recommending approval of the petition with three conditions. Recommend: Consider a motion to approve Resolution 66, 1999 with three conditions. 2. Consideration of Approval of a Site Plan for Sunny Plaza Phase 7 The applicant is requesting an amendment to the existing site plan for the project known as "Sunny Plaza", which was approved on February 15, 1983, to build an additional 14,856 square feet of commercial use. The site is 3.44 acres and is located approximately 180 feet north of the northwest intersection of Northlake'Boulevard and Military Trail. The approved site plan is not associated with a PCD or a PUD, which means that any deviation from the code requires a variance by the City Council. Since the proposed site is larger than 3 acres, the request is considered a major site plan. The applicant is proposing an entrance off of Northlake Boulevard for which the City Engineer has requested a 100 -foot stacking distance. The applicant is proposing only 87'4" and the City Engineer has agreed to this stacking distance. The applicant is seeking a waiver for parking spaces of less than 10' in width and has satisfied staffs requirement by providing additional green space where the parking spaces were reduced in width. The applicant has satisfied all of the code requirements with respect to the number of parking spaces and parking dimensions, building setbacks, open space requirements, etc. The applicant appeared before the City Council on April 8, 1999 to request two landscape variances which were subsequently granted. The Site Plan Appearance and Review Committee approved this petition by a vote of 7 -0 at their April 27, 1999 meeting, with eight conditions. Most of the conditions have been satisfied. Staff is recommending that the petition be approved with two conditions. Recommend: Consider a motion to approve Resolution 67, 1999 with two conditions. ITEM XI. ORDINANCES 1. Ordinance 23, 1999 - Providing for Approval of an Amendment to Ordinance 20, 1997 to Provide for Minor Changes in the Elevation and Floor Plans of Building A, B and C in the Christ Fellowship Planned Unit Development. This item is being considered for first reading. The petitioner is requesting approval of minor amendments to the elevations of Buildings A, B and C and to the floor plan of Building A within the Christ Fellowship PUD, which was approved by Ordinance 20, 1997 in November of 1997. Currently, the PUD is under construction. This petition was heard by the City Council as a workshop item at the May 6, 1999 Council meeting. The Council members expressed their concerns with the elevation changes and also the proposed increase in capacity and uses of Building A. The applicant was asked to either return to the originally approved plans or come back with changes which addressed the Council's concerns. The applicant has since revised the plans to include retaining most of the architectural elements that were originally approved and rearranging windows and doors to accommodate mechanical equipment. The applicant has changed the use of Building A from Adult Education to multipurpose by modifying the floor plan. The square footage of the building and the footprint of the building remain the same. The applicant is proposing a limit on the total number of people in the building at any one time. The larger room will contain a total of 244 people while the smaller room will contain a total of 208 people for a granted total of 452 people. This number is 35 less the 487 that what was originally a approved. This is an. amendment to a PUD, which requires approval by the City Council, and does not have to be heard by the Development Review Committee nor the Planning and Zoning Commission. Staff is recommending approval of Ordinance 23, 1999, with four conditions. Recommend: Consider a motion to approve Ordinance 23, 1999 for first reading with four conditions. ITEM XIII. ITEMS FOR DISCUSSION Staff Initiated Comp Plan Amendments The City's 99 -1 amendments are solely staff-initiated revisions to the Comprehensive Plan. They include 1) delineation of the Western Northlake Boulevard Corridor Planning Area, 2) Intergovernmental Coordination Element Revisions, 3) MacArthur Banyan Tree Historic Overlay and 4) Assisted Living Facility/Nursing Home Revisions. Staff is seeking City Council comments as we prepare for the June 17th Transmittal hearing. Recommend: This is an item for discussion. FYI Municipal Complex Audio Visual Needs Staff has completed a survey of petitioners to determine audio visual needs of the new complex. However, the audio visual consultant is not available on June 3. Therefore this item will be scheduled for further discussion at an upcoming meeting. Tennis Center State Appropriation The staff legislature processed the joint City /County appropriations request as follows: The House recommended a $200,000 allocation while the Senate recommended the expenditure at $300,000. The Conference Committee subsequently recommended $200,000 which was finalized as an appropriations bill at $200,000. As the Post reported, the expenditure was vetoed by the Governor. k n , LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. Date: May 18, 1999 To: Roxanne Manning, Growth Management Director From: Lennart E. Lindahl, City Engineer Re: 1) St. Mark's Episcopal Church /School 2) Catalina Lakes Residential Project This is written in response to your specific inquiries regarding the question of adequate drainage for the referenced projects. The conceptual surface water management permit issued by South Florida Water Management District for this basin has the area encumbered by the subject projects discharging through a control structure on the west side of Gardens East Boulevard, into the lake bordering the south side of the City's park and the north side of St. Mark's property. Stormwater then moves into the "Oaks Planned Unit Development" (Oaks PUD), merging with their surface water management system and discharging south under Burns Road and into the Gardens East drainage canal where the final outfall occurs over the fixed crest weir just west of Prosperity Farms Road. When the church project was presented to the Planning and Zoning Commission, representatives from the Oaks PUD attended the meeting and offered objections to any additional stormwater being routed through their surface water management system. Further, they expressed an opinion that the performance of their surface water management system was not consistent with reasonable expectations for flood protection and that the introduction of any additional stormwater from properties lying west of Gardens East Boulevard would only worsen their condition. Accordingly, the Planning and Zoning Commission requested that staff look at alternatives to address their concerns and issues. Following the directive of the Planning and Zoning Commission, we have met with representatives from the Oaks PUD to get a clear understanding of their concerns and what was experienced during periods of flooding. Further, we have reviewed opportunities in the basin to address their concerns. The following is a summary of available alternatives: 1) Increased storage within the basin as a measure to attenuate the degree of flooding. 2) Redirect the stormwater systems for St. Mark's recreational fields and Catalina Lakes to the RCA Boulevard drainage basin. This would eliminate any additional drainage from going through the Oaks PUD. 3550 S.W. CORPORATE PARKWAY, PALM CITY, FL 34990 561- 286 -3883 - FAx 561- 286 -3925 • WEST PALM BEACH • FORT PIERCE • OKEECHOBEE I Memorandum Roxanne Manning, Growth Management Director May 18, 1999 Page Two 3) Redirect the drainage in a manner such that it does not go through the Oaks stormwater management system; instead, it would come in downstream from the Oaks PUD control structure on the north side of Burns Road, east of the hospital. 4) Investigate enlarging the open channel traveling south from Burns Road to the confluence with the Gardens East primary canal. 5) A combination of the above alternatives. 6) No change to the existing conceptual surface water management permit. I have initiated contact with South Florida Water Management District regarding the need to investigate these alternatives. We will be prepared to meet with the applicant's technical representatives in the very near future when we have compiled all pertinent information and are prepared to evaluate the pros and cons associated with each one of the alternatives. It is our recommendation that construction not proceed until an overall solution has been identified and funded. LEL /dw cc: Bobbie Herakovich, City Manager \ \pc\Projects\PBGMEMO \4022m. doc 3550 S.W. CORPORATE PARKWAY, PALM CITY, FL 34990 561- 286 -3883 - FAx 561- 286 -3925 WEST PALM BEACH • FORT PIERCE • OKEECHOBEE CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 DATE: May 20, 1999 MEMORANDUM TO: City Council Members FROM: John Lindgren City Planner RE: Shopping Plaza located at the northeast corner of Military Trail and Northlake Boulevard At their May 6, 1999 meeting, City Council directed Staff to contact the owner (Mr. Murry Cohen) of the shopping plaza at the northeast corner of Military Trail and Northlake Boulevard (in unincorporated Palm Beach County), to determine if he would be interested in working with the City to upgrade /improve his property. On May 14, 1999, City Planner John Lindgren mailed a letter to Mr. Cohen stating that the City was interested in working with him to improve the appearance of the building and landscaping on his site (see attachment). On May 19, 1999, Mr. Cohen contacted Mr. Lindgren to respond to the request. Mr. Cohen stated that he was in the middle of refinancing the property in question, and that when this refinancing was complete, he would begin improvement work on the site. Mr. Cohen also stated that he anticipated repair work to the building and parking lot to begin in approximately thirty days (eg: new fascia, paint, and repaving of parking lot), and the planting of new landscaping to begin in approximately ninety days. Mr. Cohen wanted to know what the City of Palm Beach Gardens could do to help him. Mr. Lindgren told Mr. Cohen that the Growth Management Department would help him with any questions he might have as to the repair work to the building and parking lot, and that the City Forester was available at any time to discuss landscaping for the site. Mr. Cohen was particularly interested in the help of the City Forester because he was uncertain on how to address the landscaping. Mr. Cohen stated that he would contact the Growth Management Department when the refinancing of the site was near completion, and would remain in contact with the Department throughout the restoration and improvement process. cc: Mark Hendrickson, City Forester g /short: nemilnik.cc fjl W, B CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 DATE: May 14, 1999 TO: Mr. Murry Cohen 9889 Sunset Dr. Miami, FL 33173 -4617 FROM: John Lindgren City Planner RE: Shopping Center located at 9056 N. Military Trail in Palm Beach County Dear Mr. Cohen, The City Manager has instructed our office to contact you concerning your property near the northeast corner of Military Trail and Northlake Boulevard, at 9056 N. Military Trail. The City is conducting a beautification program throughout the City and would appreciate your help. Although your property is located in unincorporated Palm Beach County, it does border the City of Palm Beach Gardens. City Staff would like to work with you to improve the appearance of the building and landscaping on your property. If you would be interested in this proposal, please contact me at (561) 775 -8295. Thank you for your time. Sincerely, John Lindgren cc: Bobbie Herakovich, City Manager Richard Diamond, Assistant City Manager Roxanne Manning, Growth Management Director Jim Norquest, Principal Planner g/short: NEMILNLKMEM /JL IT CITY MANAGER'S OFFICE interoffice MEMORANDUM TO: Mayor and Council FROM: Bobbie Herakovi ity Manager SUBJECT: Agenda Item IV 1. Forbearance Agreement timeline DATE: May 20, 1999 Please find attached the internal timeline for the Forbearance Agreement for this evening's discussion. BH:npf Attachment cc: Richard Diamond, Assistant City Manager Roxanne Manning, Growth Management Director Carole Post, City Attorney Linda Kosier, City Clerk BH279 GROWTH MANAGEMENT WORK PROGRAM PROCESS DURATION DATE Hiring of staff Initiated Initiate Phase 1 Code Initiated December, 1998 Revision Forbearance Period 120 days I April 15, 1999 Concurrency 60 days April 15, 1999 Moratorium Initiate Traffic Study April 16, 1999 with P. B. County Initiate Drainage April 16, 1999 Study Select Consultant for Completed May 6, Code Revision 1999 Initiate Phase 2 Code May 7, 1999 Revision Select Consultant for May 1999 School Study Development 60 days June 14, 1999 Review Process; Analysis and Improvements 60 day suspension June 14, 1999 ends DETAILS Two vacancies for Principal Planner, one filled, second to be filled by mid May. Several "glitch list" amendments currently in process For WCI and secondary purchasers For all projects which utilize capacity. Lindhal, Browning, et al. Lindhal, Browning. Remaining "glitch " items plus general code revision. To be completed in phases. To be completed in 6 months. To be completed by staff. f, GROWTH MANAGEMENT WORK PROGRAM 120 day suspension August 13, 1999 ends Traffic Study due June 3, 1999 Completion of all Oct -Nov, 1999 code phases 6 -7 months d M -en T 69 Cn o Oo 0� Cl) 0 5 � n D � -t � D c69 -nmO Q Q O o o 9 ° 5a.3 C7 ���3 cn co CD w co .< do w r'�° p °o ° C:) 0° -o6 c m - cCD 5' CO . � p U) CD 0 p y 5'9 o O 1 D 3 "� �3 -a j C� D Q. O 3 n -n n 3 m O y CD N Y7 N - TI N o C1 CD 0 3 Q En CD A N 4�- C7t CL Q N O N cn co CD w co m ca t!! 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County Initiate Drainage April 16, 1999 Study Select Consultant for Completed May 6, Code Revision 1999 Initiate Phase 2 Code May 7, 1999 Revision Select Consultant for May 1999 School Study Development 60 days June 14, 1999 Review Process; Analysis and Improvements 60 day suspension June 14, 1999 ends DETAILS Two vacancies for Principal Planner, one filled, second to be filled by mid May. Several "glitch list" amendments currently in process For WCI and secondary purchasers For all projects which utilize capacity. Lindhal, Browning, et al. Lindhal, Browning. Remaining "glitch " items plus general code revision. To be completed in phases. To be completed in 6 months. To be completed by staff. i GROWTH[ MANAGEMENT WORK PROGRAM 120 day suspension August 13, 1999 ends Traffic Study due June 3, 1999 Completion of all Oct -Nov, 1999 code phases 6 -7 months i4 CORREMONS REOOMMENDED BY COUNCILMAN M • • CITY COUNCIL REGULAR MEETING, 5/6/99 4 Councilman Clark Councilman Clark reported a request from the quarterly Intergovernmental Issues Forum held in Lantana to consider using the Forum's services as a possible mediator with respect to claims to annex which are within the proposed future annexation zones of more than one municipality. He noted that certain areas which were within the`_Cities future annexationzzones were also within the future annexation zones of certain neighboring municipalities COMMENTS FROM THE PUBLIC Terrence Brady Terrence Brady, President of Garden Oaks Homeowners Association, requested annexation of Gardens Oaks into the City. Mayor Russo explained that the City would be making a decision regarding annexation during the next month. Mr. Brady was thanked for expressing his group's interest and was told they would be notified of upcoming discussions regarding annexation. CONSENT AGENDA Councilman Clark moved approval of the Consent Agenda. The motion was seconded by Vice Mayor Furtado and carried by unanimous 5 -0 vote. The following items were approved on the Consent Agenda: 1. Consideration of Approval of Minutes of 4/8/99 Regular Meeting 2. Consideration of Approval of Minutes of 4/15/99 Regular Meeting 3. Consideration of Approval of Minutes of 4/22/99 Workshop Meeting 4. Resolution 46, 1999 - Consideration of Approval of PBA Lieutenants Contract for FY98 -2000 PUBLIC HEARINGS Ordinance 17, 1999 Mayor Russo declared the Public Hearing open, duly advertised 4/21/99 and held on the intent of Ordinance 17, 1999 - Providing for Amendment of Section 118 -307 of the Code of Ordinances, Entitled "Historical and Archaeological Site," By Adding City Council Designations as a Third Criteria to Designate a Site of Historical and Archaeological Significance in the City, and to Establish the MacArthur Banyan Tree as a Locally Designated Historic and/or Archaeological Significant Site; Providing for Enactment of Section 118 -312 of the Code of Ordinances, Entitled "MacArthur Banyan Tree Historic Overlay Protection Zone ", for consideration of Second Reading and Adoption. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. CITY COUNCIL REGULAR MEETING, 5/6/99 rA and Floor Plans of Building A, B, and C in the Christ Fellowship Planned Unit Development; Providing for Conditions of Approval. Vice Mayor Furtado reported a conversation with the petitioner regarding TV transmission. Agent for the petitioner presented the request. Council members expressed concern that the change in use would cause a major change in the number of people using the facility, which would create difficulties in enforcing the development, order. Direction to the petitioner was to amend the site plan and come back at a later date. One resident spoke in favor of the petitioner. ITEMS FOR COUNCIL ACTION Delegate to Palm Beach County League of Cities, Inc. Vice Mayor Furtado made a motion to designate Mayor Russo as the voting delegate to the Palm Beach County League of Cities, Inc., and the City Manager, Assistant City Manage, Vice Mayor, and Mayor Pro Tern as alternates Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. Vegetation, Recycling and Solid Waste Collection Finance Director Kent Olson reported that a cost comparison prepared by staff indicated the City's rates remained low, and the staff recommendation was that the City renew the existing contract with Waste Management. The City Council favored going out to bid to obtain better service and possibly a better price. Right -of -Way Maintenance The City Manager reported short-term plans were to use contractual right -of -way maintenance and long -range plans were to implement a Stormwater Utility to assist with funding and/or to work with the newly forming PGA Corridors Association to address maintenance together with the City. A report was provided by Bob Parry, Director of Public Works, on the status of city -owned properties and right -of -ways and privatization of divisional duties. Annexation of Unincorporated Areas City Attorney Post reviewed voluntary and involuntary annexation procedures. A 3 -2 -3 request was made that staff rate the possible annexation areas listed in the staff report according to least impact and most benefit to the City. Concern was expressed that staff presently had too much work to take on this project. City Manager Herakovich recommended that an Engineering study start in February after some other projects had been completed. l� CITY COUNCIL REGULAR MEETING, 5/6/99 ITEMS FOR DISCUSSION Grants This item was postponed until the next meeting. CITY ATTORNEY REPORT Freedom House This item was postponed until the next meeting. : Vavrus Ranch Attorney Preston Fields reported success in prosecution of this case before the Code Enforcement Board, which had required Mr. Vavrus to submit a site plan for approval, to obtain permits, and to submit a mitigation plan to rectify some of the damage that had been done. Attorney Fields reported a hearing would be held before the Circuit Court the following Monday for a motion to dissolve and dismiss the injunction. Mr. Vavrus had been scheduled for a deposition May 7, and if he did not appear he would be held in contempt. Other charges against Mr. Vavrus were discussed. Councilman Sabatello reported the Code Enforcement Board had done an excellent job. City Attorney Post thanked Attorney Fields for his work in assisting staff in this matter. Northlake Boulevard Billboard ISSUES AND PRIORITIES City Attorney Post asked that City Council members call her if they had any questions regarding this item. Councilman Sabatello explained he had submitted a reporting format to staff. Councilman Sabatello stated he believed staff had requested direction regarding a grant expiring in 2000 for irrigation of the Military Trail median. City Manager Herakovich responded that item would be brought back with a dollar amount and recommendation. Vice Mayor Furtado expressed concern regarding the Westwood Lakes outfall pipe relocation which had not been included in the City's drainage improvements. The Vice Mayor recommended that future privatized contracts be very specific as to what was expected. Mayor Russo explained that he had been speaking to various groups and everyone was excited and positive regarding the City's actions resulting from the WCI land purchase. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 7, 1999 Meeting Date: May 20, 1999 Subject/Agenda Item: Authorize Mayor to sign a 48 month lease agreement between the City of Palm Beach Gardens, and Yamaha Motor Corporation, USA, for the purpose of leasing 80 New Electric Golf Cars, 2 Ranger Gas Golf Cars, and a utility vehicle, for use at the Municipal Golf Course. Recommendation/Motion: Authorize the Mayor to sign the 48 month lease between the City of Palm Beach Gardens and Yamaha Motor Corporation USA, for the purpose of leasing the 80 new G16E electric golf cars, 2 new Ranger gas golf cars, and a new G11A utility vehicle, for use at the municipal golf course, at a cost of $3,720 per month. Reviewed by: Originating Dept.: Costs: $3,7201month Council Action: City Attorney Parks and Recreation [ ] Approved Finance. $ 2,987/month [ ]Approved vvfconemons ACM Current FY [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ ] Operating Paper. [ X ] Other — Golf Course 1. Memo from Director Enterprise Fund of Parks and Recreation 2. lease from Yamaha [ X ] Not Required Motor Corp., USA Submitted by: Sue Miller Department DirectoZ� Affected parties Budget Acct #::09 -2500- (/J 1 [ ] Notified 572.4420 ( J None Approved by: City Manager [ ] Not required MEMO PARKS AND RECREATION TO: Bobbie Herakovich, City Manager FROM: Sue Miller, Director, Parks & Recreation DATE: May 7, 1999 RE: New Golf Car Lease BACKGROUND: At the February 18, 1999 City Council meeting, Meadowbrook Golf, Inc., presented their initial 120 day assessment of the Municipal Golf Course, wherein they recommended the City replace the existing golf cars at the course, citing anticipated repair expenses to the fleet of cars of up to $50,000, due to lack of preventative maintenance by the previous course management firm. DISCUSSION: Following this meeting, Meadowbrook contacted various vendors to determine what it would cost the City to replace the aging fleet of cars with a new fleet. Meadowbrook received three quotes to lease 80 golf cars, 2 Ranger cars and a utility vehicle for the course. Quotes were obtained from; Yamaha Motor Corporation, USA, at $3,720.00 /month; Club Car, Inc at $3,758 /month; and, and E -Z- Go Golf Cars at $4,208 /month. As Meadowbrook recently signed a similar lease with Yamaha for the Municipal Course they manage for the City of Miami Springs, and Yamaha is the low proposer, Meadowbrook would like to proceed with securing the lease with Yamaha. Although the proposed lease exceeds the current lease by $742.00 monthly (a total of $2,968 for the remainder of this fiscal year), Meadowbrook and Staff feel the increased cost of the proposed lease can be absorbed by not completing repairs needed on several cars which are now idle at the course. Staff has budgeted the full amount of the proposed lease $44,640, in next year's operating budget. The timeframe for the lease period is from June of 1999 through May of 2003. The lease can be completed with no additional cash outlay from the City. RECOMMENDATION: Staff recommends approval of the 48 month lease with Yamaha Motor Corporation USA, in the amount of $3,720 per month, for the purpose of leasing the 80 new G16ET Golf Cars, the 2 gas powered Ranger cars and the GI I utility vehicle. YAMAHA MOTOR CORPORATION, U.S.A. YAMAHA LEASING 6555 Katella Avenue, Cypress, CA 90630 (800) 551 -2994, Fax (714) 761 -7363 NAME OF INSURANCE AGENT: ADDRESS: PHONE: FAX: City of Palm Beach Gardens RE: Gentlemen: The Customer has leased or will be leasing equipment from Yamaha. April 29 19 99 Please Reference our Lease# 32935 (Customer') Account # — The Customer is required to provide Yamaha with the following insurance coverage: "All Risk" Property Insurance covering the property owned by or in which Yamaha has a security interest, in an amount not less than the full replacement cost of the property, with Yamaha named as LOSS PAYEE. Public Liability Insurance naming Yamaha as an ADDITIONAL INSURED with the proceeds to be payable first on the behalf of Yamaha to the extent of its liability, if any. The amount of the Public Liability Insurance shall not be less than $1,000,000. combined single limit. Each policy shall provide that: (i) Yamaha will be given not less than thirty (30) days prior written notice of cancellation or non- renewal, (ii) it is primary insurance and any other insurance covering Yamaha shall be secondary or excess of the policy and (iii) in no event shall the policy be invalidated as against Yamaha or its assigns for any violation of any term of the policy or the Customers application therefore. A Certificate evidencing such coverage should be mailed to Yamaha at the following address. Yamaha Motor Corporation, U.S.A. Attn: Leasing Department 6555 Katella Ave Cypress, CA 90630 Your Prompt attention will be appreciated. Equipment Covered: 80 G16ET Golf Cars Very Truly Yours, City of Palm Beach Gardens 2 gas Ranger Cars, 1 G11A Utility Equipment Location: Sy: 11401 Northlake Boulevard Palm Beach GardensFL33418 Title: (Name of Debtor /Lessee) (Signature of Authorized Officer) YAMAHA YAMAHA MOTOR CORPORATION, U.S.A. 6555 KATELLA AVENUE CYPRESS, CALIFORNIA 90630-5101800-551-2994 FAX 714- 761 -7363 April 29, 1999 City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Dear Lessee: Enclosed you will find the documentation for your lease of Yamaha golf cars. The documents enclosed in the package include the following: Master Lease Agreement Equipment Schedule (1) UCC -1's Certificate of Acceptance Request for Insurance Tax Certificate of Exemption Please sign documents where indicated and return to Yamaha in the enclosed envelope. The Insurance form should be forwarded to your insurance company and a copy returned to us with the other documentation. We appreciate your business and look forward to the opportunity to service your leasing needs. If you should have any questions, please give us a call at 800 -551 -2994. Sincerely, Gale Groves YAMAHA LEASING MASTER LEASE AGREEMENT MASTER LEASE AGREEMENT dated April 29, 1999 , between YAMAHA MOTOR CORPORATION, U.S.A., having its principal place of business at 6555 Katella Avenue, Cypress, California 90630 ( "Lessor"), and City of Palm Beach Gardens , having its principal office at 10500 N. Military Trail, Palm Beach Gardens, FL 33410 ( "Lessee "). Lessor and Lessee .hereby agree. as follows: 1. Lease of Equipment. Lessor leases to Lessee the equipment described on each attached Equipment Schedule (the "Equipment"), on the terms and conditions of this Lease, the applicable Equipment Schedule, and each rider attached hereto. 2. Term. The term of this lease for the Equipment described on a particular Equipment Schedule shall commence on the date set forth on such Equipment Schedule and shall continue for the number of months indicated on such Equipment Schedule. 3. Rent. Lessee shall pay Lessor rent for the Equipment ( "Rent ") in the amounts and at the times set forth on the applicable Equipment Scheduie. The "amount of the Rent has been determined by amortizing the purchase price of the applicable Equipment (using the prices 'quoted in the 'Request for Proposal identified on the applicable Equipment Schedule ( "RFP" ), together with an interest factor at the rate specified in the applicable Equipment Schedule. Whenever any payment hereunder is not made when due, Lessee shall pay interest on such amount from the due date thereof to the date of such ,payment at the lower of Lessor's then prevailing rate for late payments specified in Lessor's invoice to Lessee for such payment or the maximum allowable rate of interest permitted by the law of the state where the Equipment is located. 4. Selection, Delivery, and Acceptance. . Lessee shall select the Equipment and take delivery thereof directly from Lessor or an authorized dealer of Lessor (the "Dealer"). All costs of delivery are the sole responsibility of Lessee. Lessor shall not be liable for any loss or damage resulting from the delay or failure to have any Equipment available for delivery. Lessee shall inspect the Equipment to determine that the Equipment is as ordered and has been equipped and prepared in accordance with the RFP and any prior instructions given in writing by Lessee to Lessor or Dealer. Lessee shall accept the Equipment if it meets the criteria set forth in the preceding sentence and shall execute and deliver to Lessor or Dealer a Certificate of Acceptance, in form and substance satisfactory to Lessor, with respect to each shipment of Equipment. For all purposes of this Lease, acceptance is conclusively established by Lessee's execution and deliver of a Certificate of Acceptance provided by Lessor. Lessee authorizes Lessor to insert in each Equipment Schedule the serial numbers and other identifying date of the Equipment. 5. Location, and Inspection. Lessee shall not move the Equipment from the locations specified in the applicable Equipment Schedule without Lessor's prior written consent. Lessor and its representatives shall have the right from time to time during business hours to enter upon the premises where the Equipment is located to inspect the Equipment and Lessee's records to confirm Lessee's compliance with this Lease. 6. = Care, Use, and Maintenance. Lessee shall; at its expense, at all times during the term of this Lease, keep- Equipment clean, serviced, and maintained in good operating order, repair, condition, and appearance in accoIr -ce with ' Lessor's manuals. and other instructions received from. Lessor. Lessee will not use or operate . the Equipment, or permit the Equipment to be used or operated, in violation of any law, ordinance or governmental regulations. The Equipment will be used and operated only as golf cars. Lessee_ shall safely store the Equipment when not in use and properly secure it at night and such other times when the golf course,on.which the Equipment is used is closed to play, and Lessee shall be solely responsible for such storage and safekeeping. If the Equipment is electrical, Lessee shall provide sufficient and `adequate electrical charging outlets and water facilities for the batteries which are a part of the Equipment. 7. Insurance. Effective upon delivery of the Equipment to Lessee and until the Equipment is returned to Lessor as provided herein, Lessee relieves Lessor-of responsibility for all risk of physical damage tq or loss or destruction of all the Equipment, howsoever'caused. During the continuance of this Master Lease, Lessee shall at its own expense, cause to be carried and maintained with respect to each item of Equipment designated in each Equipment Schedule public liability insurance in an amount of not less then $1,000,000, and casualty insurance, in each case in amounts and against risk customarily insured against Lessee in similar equipment and, in amounts and against risk acceptable to Lessor. All policies with respect to such insurance shall name Lessor as additional insured and as loss payee, and shall provide for at least thirty (30) days' prior written notice by the underwriter or insurance company to Lessor in the event of cancellation or expiration of any such policies. Lessee shall, upon request of Lessor, furnish appropriate evidence of such insurance to Lessor. Lessee shall bear the entire risk of loss, theft, destruction or damage to the Equipment from any cause whatsoever and shall not be relieved of the obligation to pay the total of the monthly payments or any other obligation hereunder because of any such occurrence. In the event of damage to any item of Equipment leased hereunder, Lessee, at its sole expense, shall immediately place the same in good repair and operating condition. In no event shall Lessor a liable for any loss of profit, damage, loss, defect or failure of any item of Equipment or the time which may be required to recover, repair, service, or replace the item of Equipment. 8. Storage. Lessee shall store the Equipment in such a manner as to prevent theft or damage from weather and vandalism. 9. Title. Title to the Equipment shall at all times remain with the Lessor. Lessee acquires only the interests of Lessee expressly described in this Lease, the applicable Equipment Schedule, and the riders attached hereto. Lessee shall not remove, move, or cover over in any manner any serial number on the Equipment. Lessee shall keep all Equipment free from any marking or labeling which might be interpreted as a claim of ownership thereof by Lessee or any party other than Lessor or anyone so claiming through Lessor. 10. Warranties. The Equipment is warranted only in accordance with the manufacturer's warranty. EXCEPT AS EXPRESSLY PROVIDED IN 'TIC ..MANUFACTURER'S WARRANTY, LESSOR DISCLAIMS ANY OTHER WARRANTY, : EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF ME RCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON - INTERFERENCE. 11. Alterations and Attachments. Lessee may, with Lessor's prior written consent, make such cosmetic modifications to the Equipment as Lessee may deem desirable in the conduct of its business; provided, however, that such alterations shall not diminish the value or utility of the Equipment, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof; and provided, further, that such modification shall be removable without causing damage to the Equipment. Upon return of the Equipment to Lessor, Lessee shall, if Lessor so elects, remove such modifications which have been made and shall restore the Equipment to its original condition, normal wear and tear and depreciation excepted. 12. Taxes. Lessee shall cooperate with Lessor in all reasonable respects necessary in order for Lessor to qualify for any exemption or exclusion from personal property tax on the equipment or sales or use tax on the leasing of the Equipment to Lessee hereunder. In the event that any such tax becomes payable by Lessor during the term of this Lease, Lessee shall pay to Lessor as additional rent, promptly on receipt of Lessor's invoice therefor, an amount equal to such tax. Lessee shall collect and remit any and all sales, use, and other taxes payable in any state, county, or city in respect of the rental or other use of the Equipment by Lessee. 13. Indemnity; Notice of Claim. Lessee shall be liable for, and hereby indemnifies Lessor and holds Lessor harmless from and against, any and all claims, costs, expenses, damages, losses, and liabilities (including, with limitation, attorneys' fees and disbursements) arising in any way from the gross negligence or misconduct of Lessee or Lessee's agents and independent contractors, or their respective employees. Lessee shall give Lessor prompt written notice of any claim arising out of the possession, leasing, renting, operation, control, use, storage, or disposition of the Equipment and shall cooperate in all reasonable respects at Lessee's expense in investigating, defending, and resolving such claim. 14. Return of Equipment. Upon the termination of an Equipment Schedule for any reason; unless Lessen -is thereupon purchasing the Equipment from Lessor, Lessee shall make the Equipment available,for inspection and pick up by Lessor or Dealer at Lessee's location at which the Equipment was used hereunder. The Equipment shall be returned to Lessor at the termination of this Lease in the same operating order; repair, condition; and appearance as when received by Lessee; less normal depreciation and wear and tear (which shall not include damaged or missing `tires or. wheels). ` 15. Defaults. The occurrence of any one or more of the following events shall constitute.an "Event of Default" under this Lease: (a) default by Lessee` in the payment of any installment of rent or other charge payable by Lessee under any Equipment Schedule as and when the same becomes due and payable; or (b) default by Lessee in the performance of any other material term, covenant or condition of this Lease, any Equipment Schedule, or any rider hereto, or the inaccuracy in any material respect of any representation or warranty .made by the Lessee in this Lease or in any document or certificate furnished to the Lessor in connection herewith, which default or inaccuracy shall continue for a period of 10 days after notice; or (c) A petition under the Bankruptcy Code or under any other insolvency law providing for the relief of debtors shall be filed by or against Lessee; or (d) The voluntary or involuntary making of any assignment of a substantial portion of its assets by Lessee for the benefit of creditors shall occur; a receiver or trustee for Lessee or for Lessee's assets shall be appointed; any formal or informal proceeding for dissolution, liquidation, settlement of claims against or winding up of the affairs of Lessee shall be commenced; or (e) Lessee shall default under any other lease or agreement between Lessee and Lessor or any of its assignees hereunder; or (f) Lessee shall suffer a material adverse change in its financial condition from the date hereof, and as a result thereof Lessor deems itself or any of the Equipment to be insecure. 16. Remedies. Upon the occurrence of an Event of Default, Lessor, at its option, may pursue any one or more of the following remedies, in such order or manner as Lessor determines, each such remedy being cumulative and not exclusive of any other remedy provided herein or under applicable law: (a) terminate all or any portion of the Equipment Schedules to this Lease; (b) with or without terminating this Lease, take possession of the Equipment, with or without judicial process, Lessee hereby granting Lessor the right and license to enter upon Lessee's premises where the Equipment is located. for such purpose; (c). proceed by appropriate court action, either at law or in equity, to enforce performance by Lessee of the applicable covenants and terms of this Lease, or to recover from Lessee any and all damages or expenses, including reasonable attorneys' fees, which Lessor shall have sustained by reason of Lessee's default in any covenant or covenants of this Lease, or on account of Lessor's enforcement of its remedies thereunder; without limiting any other damages to which Lessor may be entitled, Lessor shall be entitled upon an Event of Default to damages in an amount equal to all Rent then due but unpaid, plus the aggregate amount of Rent thereafter coming due for the remaining term of this Lease, plus Lessor's costs and expenses of pursuing its remedies hereunder (including, without limitation, attorneys' fees), minus all amounts received by Lessor after using reasonable efforts to sell or re -lease the Equipment after repossession or from any guaranty by the Dealer or any third - party; and (d) sell the Equipment or enter into a new lease of the Equipment. No delay by Lessor in pursuing any remedy shall be treated as a waiver of or limitation on such remedy or any other remedy. 17. Assignment. Neither Lessee nor Lessor shall transfer, assign, or sublease (except for rentals to players as contemplated hereunder in the ordinary course of business), or create, incur, assume, or permit to exist any security interest, lien, or other encumbrance on, the Equipment, this Lease, or any interest of Lessee therein. 18. Lessee's Representations and Warranties. Lessee represents and warrants to Lessor that: (a) Lessee has the authority under applicable law to enter into and perform this Lease and each Equipment Schedule and rider hereto; (b) Lessee has taken all necessary action to authorize its execution, delivery, and performance of this Lease and each Equipment Schedule and rider hereto; (c) the Lease and each Equipment Schedule and rider hereto have been duly executed and delivered by an authorized signatory of Lessee and constitute Lessee's legal, valid, and binding obligations, enforceable in accordance with their terms; (d) adequate funds have been budgeted and appropriated to enable Lessee to make all payments required under each Equipment Schedule to this "Lease during the first twelve months of the term hereof; and (e) interest paid on indebtedness of Lessee held by Lessor would be excluded from Lessor's income for U.S. federal income tax purposes. 19. Non- Appropriation of Funds. Notwithstanding anything contained in this Lease to the contrary, in the event no funds or insufficient funds are budgeted and appropriated or are otherwise unavailable by any means whatsoever for Rent due under the Lease with respect to a Equipment Schedule in any fiscal period after the period in which the term of the lease with respect to such Equipment Schedule commences, Lessee will immediately notify Lessor in writing of such occurrence and the Lessee's obligations under the Lease shall terminate on the last day of the fiscal period for which appropriations have been received or made without penalty or expense to Lessee, except as to (i) the portions of Rent for which funds shall have been budgeted and appropriated or are otherwise available and (ii) Lessee's other obligations and liabilities under the Lease relating to the period, or accruing or arising, prior to such termination. In the event of such termination, Lessee agrees to peaceably surrender possession of the Equipment to Lessor on the date of such termination in the manner set forth in the Lease and Lessor will have all legal and equitable rights and remedies to take possession of the Equipment. Notwithstanding the foregoing, Lessee agrees (i) that it will not cancel the Lease and the Lease shall not terminate under the provisions of this section if any funds are appropriated to it, or by it, for the acquisition, retention or operation of the Equipment or other equipment or services performing functions similar to the functions of the Equipment for the fiscal period in which such termination would have otherwise occurred or for the next succeeding fiscal period, and (ii) that it will not during the Lease term give priority in the application of funds to any other functionally similar equipment or to services performing functions similar to the functions of the Equipment. This section is not intended to permit Lessee to terminate the Lease in order to purchase, lease, rent or otherwise acquire the use of any other _equipment or services performing functions similar to the functions of the Equipment, and if the Lease terminates pursuant to this section, Lessee agrees that prior to the end of the fiscal period immediately following the fiscal period in which such termination occurs, it will not so purchase, lease, rent or otherwise acquire the use of any such other equipment or services. 20. Binding Effect; Successors and Assigns. This lease and each Equipment Schedule and rider hereto shall be binding upon and shall inure to the benefit of Lessor and Lessee and their respective successors and permitted assigns. All agreements and representations of Lessee contained in this Lease or in any document delivered pursuant hereto or in connection herewith shall survive the execution and delivery of this Lease. 21. Notices. Any notice, request or other communication to either party by the other shall be given in writing and shall be deemed received only upon the earlier of receipt or three days after mailing if mailed postage prepaid by regular mail to Lessor or Lessee, as the case may be, at the address for such party set forth in this agreement or at such changed address as may be subsequently submitted by written notice of either party. 22. Governing Law. This Lease and each Equipment Schedule and rider hereto shall be governed by and construed in accordance with the laws of the State where Lessee's principal administrative offices are located without . giving effect to the conflicts of laws principles of such state. 23. Severability. In the event any one or, more of the provisions of this Lease or any Equipment, Schedule or rider hereto shall for any reason be prohibited or unenforceable in any jurisdiction, any sucli provision shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the, remaining provisions hereof, any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. 24. Counterparts. This Lease and each Equipment Schedule and rider hereto may be executed in any number of counterparts, and by each party in separate counterparts, each of which shall be deemed an original, all of which counterparts together shall constitute one and the same agreement. 25. Article 2A. To. the fullest extent permitted by applicable law, Lessee waives any and all rights and remedies conferred by Sections 2A -508 through 2A -522 of Article 2A of the Uniform Commercial Code in effect in the state designated, except to the extent that such right or remedy is expressly granted to Lessee herein. 26. Status of Limitations. Any action by Lessee against Lessor or Dealer for any breach or default under this Lease must be commenced within one year after the cause of action accrues. 27. _ Entire Agreement. This Lease and all Equipment Schedules and riders hereto constitute the entire agreement between Lessor and Lessee with respect to the subject matter hereof, and there are no agreements, representations, warranties, or understandings with respect to such subject matter except as expressly set forth herein and therein. No alternation or modification of this Lease or any Equipment Schedule or rider hereto shall be effective unless it is in writing and signed by Lessor and Lessee. IN WITNESS WHEREOF, Lessor and Lessee have caused this Lease to be executed on the date . first above. written. YAMAHA MOTOR CORPORATION, U.S—k- '= CITY OF PALM BEACH GARDENS By: Name: JIM ROBINSON Title: SENIOR VICE PRESIDENT By: Name: Title: 4 Yield: 6.825% Initialed By: AMORTIZATION SCHEDULE FOR MUNICIPALITY LESSEE: CITY OF PALM BEACH GARDENS PALM BEACH GARDENS CLUB EQUIPMENT SCHEDULE #32935 Payment Due Interest N17 er Date Payment Charge Principle Balance 0 0.00 - 0.00 0.00 218927.96 1 May -99 3720.00 956.10 2763.90 216164.06 2 Jun -99 3720.00 944.03 2775.97 213388.09 3 JUI -99 3720.00 931.91 2788.09 210599.99 4 Aug -99 3720.00 919.73 2800.27 207799.72 5 Sep -99 3720.00 907.50 2812.50 204987.22 6 Oct -99 3720.00 895.22 2824.78 202162.44 7 Nov -99 3720.00 882.88 2837.12 199325.32 8 Dec -99 3720.00 870.49 2849.51 196475.81 9 Jan -00 3720.00 858.05 2861.95 193613.86 10 Feb -00 3720.00 845.55 2874.45 190739.41 11 Mar -00 3720.00 832.99 2887.01 187852.40 12 Apr -00 3720.00 820.39 2899.61 184952.79 13 May -00 3720.00 807.72 2912.28 182040.51 14 Jun -00 3720.00 795.01 2924.99 179115.52 15 Jul -00 3720.00 782.23 2937.77 176177.75 16 Aug -00 3720.00 769.40 2950.60 173227.15 17 Sep -00 3720.00 756.52 2963.48 170263.67 18 Oct -00 3720.00 743.57 2976.43 167287.24 19 Nov -00 3720.00 730.57 2989.43 164297.82 20 Dec -00 3720.00 717.52 3002.48 161295.33 21 Jan -01 3720.00 704.41 3015.59 158279.74 22 Feb -01 3720.00 691.24 3028.76 155250.98 23 Mar -01 3720.00 678.01 3041.99 152208.99 24 Apr -01 3720.00 664.73 3055.27 149153.71 25 May -01 3720.00 651.38 3068.62 146085.10 26 Jun -01 3720.00 637.98 3082.02 143003.08 27 Jul -01 3720.00 624.52 3095.48 139907.60 28 Aug -01 3720.00 611.00 3109.00 136798.60 29 Sep -01 3720:•10 597.43 3122.57 133676.03 30 Oct -01 3720.00 583.79 3136.21 130539.82 31 Nov -01 3720.00 570.09 3149.91 127389.91 32 Dec -01 3720.00 556.34 3163.66 124226.24 33 Jan -02 3720.00 542.52 3177.48 121048.76 34 Feb -02 3720.00 528.64 3191.36 117857.41 35 Mar -02 3720.00 514.71 3205.29 114652.11 36 Apr -02 3720.00 500.71 3219.29 111432.82 37 May -02 3720.00 486.65 3233.35 108199.47 38 Jun -02 3720.00 472.53 3247.47 104951.99 39 Jul -02 3720.00 458.35 3261.65 101690.34 40 Aug -02 3720.00 444.10 3275.90 98414.44 41 Sep -02 3720.00 429.79 3290.21 95124.23 42 Oct -02 3720.00 415.43 3304.57 91819.66 43 Nov -02 3720.00 400.99 3319.01 88500.65 44 Dec -02 3720.00 386.50 3333.50 85167.15 45 Jan -03 3720.00 371.94 3348.06 81819.09 46 Feb -03 3720.00 357.32 3362.68 78456.41 47 Mar -03 3720.00 342.63 3377.37 75079.05 48 Apr -03 3720.00 327.88 3392.12 71686.93 CERTIFICATE OF ACCEPTANCE 32935 This certificate is executed pursuant to Equipment Schedule No. April 29 9 dated - - 1 199 to the Master Lease Agreement dated April 9 199 between Yamaha Motor Corporation, U.S.A. City of Palm Beach Gardens (the "Lessor") and (the "Lessee "). The Lessee hereby certifies that the Equipment set forth below, as also described in the above Equipment Schedule, has been delivered and accepted by the Lessee on the Commencement Date shown below. EQUIPMENT SERIAL QUANTITY TYPE /MODEL NUMBER 80 G16ET Golf Cars See 2 gas Ranger cars attached 1 1311A Utility ADDITIONAL CONDITIONS /SPECIAL TERMS: NEW /USED LOCATION New Palm Beach Gardens Club 11401 Northlake Boulevard Palm Beach GardensPL33418 RENTAL COMMENCEMENT DATE: 1199 Please return this certificate as your acknowledgment of the above Commencement Date and acceptability of the Equipment. City of Palm Beach Gardens as Lessee By Name: Title: STATE OF FLORIDA UNIFORM COMMERCIAL CODE FINANCING STATEMENT FORM UCC -1 (REV. 19e This Financing Statement is presented to a filing officer for filing pursuant to the Uniform Commercial Code: I1. K4tKdfJPst Name First if an Individual) LESSEE: 11a. Date of Birth or FEW CITY OF PALM BEACH GARDENS 1b. Mailing Address 1c. City, State 1d. Zip Code 10500 N. MILITARY TRAIL , PALM BEACH GARDENS, FL , 33410 2. Additional Debtor or Trade Name (Last Name First if an Individual) I 2a. Date of Birth or FEW 2b. Mailing Address 2c. City, State 3. ; D6JNKR D (Last Name First if an Individual) LESSOR: YAMAHA MOTOR CORPORATION, U.S.A. 3a. Mailing Address 3b. City, State 6555 KATELLA AVENUE CYPRESS, CA 4. Assignee of Secured Party (Last Name First if an Individual) 4a. Mailing Address 4b. City, State 2d. Zip Code 3c. Zip Code 90630 4c. Zip Code " 5. This Financing Statement covers the following types or items or property [Include description of real property on which located and owner of record.when . required. If more space is required, attach additional sheet(s)]. 80 G16ET NEW YAMAHA GOLF CARS (RE,: 32935) 1 G11A Utility 2 gas Ranger Lars 6.1 Check only if Applicable: Q Products of collateral are also covered. �XX Proceeds of collateral are also covered. Q Debtor is transmitting utility. 7. .Check appropriate box: All documentary stamp taxes due and payable or to become due and payable pursuant to s. 201.22 F.S., have been paid. (One box must be marked) ICFlorida Documentary Stamp Tax is not required. 8.. In accordance with s. 679.402(2), F.S., this statement is filed without the Debtors signature 9. Number of additional sheets presented: 0 to perfect a security interest in collateral: l7 already subject to a security interest in another jurisdiction when it was brought into this state or debtor's location changed to this state. This Space for Use of Filing Officer Q which is proceeds of the original collateral described above in which a security interest.was - perfected. . ❑, as to which the filing has lapsed. Date filed and previous UCC-1 file number acquired after a change of name, identity, or corporate structure of the debtor. 10 8ignature(s) of Debtor(s) ''- ����'���'�FI1 IAtr nCCrnCO n�ov 11 Signatures) of Secured Party or if Assigned, by Assignee(s) t :t 12.-Retum Copy to. YAMAHA MOTOR CORPORATION, U.S.A.- iFi(dressi: 6555 KATELLA AVENUE CYPRESS, CA 90630 Address ' ::: :.. . CityStafe;Zp`•: ATTENTION: GOLF CAR LEASING ����'���'�FI1 IAtr nCCrnCO n�ov EXHIBIT A EQUIPMENT SCHEDULE # 32935 Dated April 29 , 19 99 1. This Schedule covers the following property ('Equipment "): 80 G16ET Golf Cars 2 gas Ranger Cars 1 G11A Utility 2. Location of Equipment: Palm Beach Gardens Club 11401 Northlake Boulevard Palm Beach GardensPL33418 3. The Lease Terms for the Equipment described herein shall commence on May 1 , 19 99 and shall consist of a 48 month lease ending April 2003. 4. Rental payments on the Equipment shall be due on the following schedule: Schedule of Payments: 48 monthly payments in the amount of $3,720.00 (applicable taxes to be billed). Starting May 1999 then continuous thereafter on the first of the month, ending April 2003. 5. Other Terms: Notwithstanding any other provision of the Master Lease on this Equipment Schedule, Lessor's interests in the Equipment may not be sold, assigned, discounted, factored or otherwise disposed of by Lessor. Lessor shall retain its interest in the Equipment as specified herein, without exception and under all circumstances. Lessee agrees to reimburse Lessor, who shall pay any assessed property taxes due on the equipment leased pursuant to section 12 of the Master Lease Agreement Master Lease: This Equipment Schedule and Acceptance Guidelines are issued pursuant to the Master Lease dated 04129199 All of the terms and conditions, representations and warranties of the Master Lease are hereby incorporated herein and made a part hereof as if they were expressly set forth in this Equipment Schedule and this Equipment Schedule constitutes a separate lease with respect to the Equipment described herein. LESSOR: YAMAHA MOTOR CORPORATION, U.S.A. LESSEE City of Palm Beach Gardens By: Signature Name: TSj3e Rqipi}jpson Title: Senior Vice President By: Signature Name: Type or Print Title: UJ CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 6, 1999 Date Prepared: April 15, 1999 Subject /Agenda Items: Awarding of Bid to Purchase a DUI Vehicle for the Police Department Recommendation/Motion: Consider a motion to piggyback off State Bid No. 070 - 001 -99 -1 to Purchase a 1999 Ford Crown Victoria Police Sedan Reviewed by: Originating Dept.: Costs: $19,191.00 Council Action: Police Total City Attorney( [ ] Approved Finance KK_ t $34,800.00 [ ] Approved w/ Current FY conditions ACM [ )Denied Advertised: Human Res. Funding ource: g [ ]Continued to: Attachments: Other Date: [ ] Operating Specifications [ X ] Other Grant Documentation Paper: [ X ] Not Required ubmitted b Police Chief Affected parties [ ] Notified Budget Acct. #:: 01- 1030 - 521.6410 [ ] None Approved by: City Manager [ X ] Not required BACKGROUND: The Police Department received $75,640 from the Florida Department of Transportation for highway safety funds to create a DUI enforcement position, and purchase one new complete police vehicle. Of the $75,640, $34,800 has been allocated for the purchase of a new police vehicle including cage, radio and lights, in -car video system, moving radar, and decals. The Public Works Staff has explored several options to puchase the car, and have found that the City's best option is to piggyback off State Contract No. 070 - 001 -99 -1. This contract will allow the City to purchase a 1999 Ford Crown Victoria Police Sedan in the amount of $19,191 and is available now. The standard patrol equipment and the optional equipment such as the radar and video systems will be purchased from various manufacturers once the vehicle has been purchased. Staff recommends that the City Council authorize the purchase of one (1) 1999 Ford Crown Victoria Police Sedan by piggybacking off State Contract No. 070 - 001 -99 -1 in the amount of $19,191.0. The vehicle will be purchased from Reid Ford. DATE . 5/13/99 Attention of Addres. City and State _ Quantity Description Prier 1999 FORD CROWN VICTORIA POLICE SEDAN $19 :341.00 4.6LTR V 78 ENGINE AUTOMATIC OVERDRIVE TRANSMISSION FACTORY GUAGES AUX MAP LIGHT - HEAVY DLITY SUSPENSION ACCESSORY FEET) WIRES AIR CONDITIONER TINTED CI.ASS BUCKET SEATS CLOTH AM —FM RADIO TILT STEERING (5) P225/60VR16 TIRES PER STATE CONTRACT SPOT LICHT 170.00 070- 001 -99 -1 VINYL BACK SEAT 65.00 IN OP REAR HANDLES 15.00 070- 100--400 DELETE ABS BRAKES (400.00) EX:WHITE IN:BLUE PER UNIT $19,191.00 SUBJECT TO PRIOR SALF TERMS: Settlement upon Delivery: Cash ABOVE and the following described property in present mechanical condition: for which a trade allowance of S NT /A will be made_ We thank you for the opportunity to make this proposal and will appreciate your acceptance. Acceptance cf this pro- posal will not be binding upon us until this proposal is approved heron in writing by an official of Don Reid Ford, Inc. Return of one copy of this proposal and your purchase order or order number constitutes your official acceptance. P.U. # ACCEPTED B N, VATE 11RM NAA% 0M, .nU .. r� c Respectfully DQ,V REiD BY MANACER TITLE _.. 1875 S- 0ALAN00 AVE.!64A1TLAfV0, FL 32751.p.(D ©OX 940005•MA1Tt_ANr). FL 3179.,,.,,5 April 13, 1999 To: Lt. Richard Facchine From; Sgt. G. Brown #110 Reference: Cost breakdown for proposed DUI patrol Car Sir: APR 1 3 1999 The following is a cost breakdown for the proposed DUI Enforcement car as provided for in our Grant. The figures for the basic car and normal patrol equipment come from Public works price lists and the optional equipment such as radar and video systems come from the selected manufacturers. Vehicle - 1999 Ford Crown Victoria White in color, 4 doors with: Light Bar with control head Cage Radio & antenna installed Siren, bracket & controller Console Trunk box (built by P.W.) Flashlight 4 corner strobe lights & power pack Tags, title & insurance (1 year) special wiring & terminals Arrow stick & controller Shotgun rack Cost $20,897.00 878.00 1,222.00 3,231.00 503.00 179.00 38.00 110.00 452.00 784.85'? 87.00 312.00 199.00 Total for car and standard equipment $28,892.00 Additional equipment for DUI Enforcement: In -car video system with radar interface 4,940.00 (installed) Kustom signals Pro -1000 moving radar 1,605.00 Total price for DUI Patrol Car $35,437.00 Public Works work sheets attached for your review. lenn T. Brown gt. #110 FLORIDA LAWTON CH H.ES GOVERNOR } h r' DEPARTMENT OF TRANSPORTATION 605 Suwannee Sueet, Tallahassee, Florida 32399 -0450 http: //www.dotjwc.fLus November 24, 1998 i Ms. Bobbie Herakovich City Manager City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Re: City of Palm Beach Gardens DUI Enforcement Project # AL- 99- 05 -14 -01 Contract # AG618 Dear Ms. Herakovich: THOMAS R BARRY, JR SECRETARY Your application to the Florida Department of Transportation for highway safety funds has been approved. We are pleased to make this award in the amount of $75,640 to your agency for the purpose of creating a DUI enforcement position within the Palm Beach Gardens Police Department. A copy of the approved project agreement with the referenced project number and title is enclosed . for your file. All correspondence with the Department should always refer to the project number and title. Your attention is directed to Part V of the subgrant entitled "Acceptance and Agreement ". These conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and cost reimbursements. The effective date of the agreement is November 23, 1998 and only those costs incurred on or after that date are eligible for reimbursement. We look forward to working with you on this project. If you have any questions or need assistance, please contact Roger Doherty at (850) 488 -5455, who will be coordinating this activity. Sincerely, 4&Wl- �� George E. Rice, Jr. State Safety Engineer GER:lh Enclosures cc: Chief James O. FitzGerald Kent Olson Lt. Richard Facchine Troy Ayers Mike Soto Virginia Waldron ® RECYCLED PAPER BUDGET NARRATIVE Project Title: City of Palm Beach Gardens DUI Enforcement Project Project Number: AL- 99- 05 -14 -01 Contract Number: AG618 f00.M SI+C.00) -01 SwGFn. 07 ovt. r'-TTJUM The following is a narrative description of the project budget by line item by category, detailing the item and anticipated cost. Each category must be sufficiently defined to show cost relationship to proicct objectives. Attach additional sheets as needed. Salaries and Benefits Costs to be reimbursed in this category include the base salary and benefits for one (1) police officer. No shift differential or overtime is included. Benefits include retirement, incentive pay, FICA, health and life.insurance and workers compensation. The department will pay the difference between act»al and grant salary /benefit limit reimbursed. Expenses Costs in this category include uniforms, leather equipment, ballistic vest, and weapon. These costs will be paid by the city as part of the local.match (see below). Vehicle and Equipment Costs included in this category are for one new complete police vehicle including cage, radio and lights, in -car video system, moving rariar unit. Local Match Federal $40,840.00 $34,800.00 Local Costs in this category include expenses for uniforms and personal $1,650.00 equipment listed above as well as monies for flares and other expenses incrred conducting roadblocks. Budget Modification 1,,Iumber: Effective Date: 6 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: May 6, 1999 Meeting Date: May 20, 1999 Subject/Agenda Item: Installation of additional safety netting above the spectator areas on the new baseball fields at Gardens park. Recommendation/Motion: Approve installation of additional netting and poles over the unprotected spectator areas at the new baseball fields at Gardens Park -by "piggybacking" the Palm Beach County School District contract with C.R. Dunn, Inc., of West Palm Beach, Florida, in the amount of $25000.00, Reviewed by: Originating Dept.: Costs: $25,000_ Council Action: Totat City Attorney�j'� Parks and Recreation [ ) Approved n Finance 1`._eyRO $ 25,000 [ ] Approved wfcondifions Current FY ACM ( ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ ] Operating Paper. [ x ] Other Bond Proceeds 1. Memo from Parks and [ X ] Not Required Recreation Director 2. Copy of letter of Submitted by: Sue Miller agreement between School Board and CR fff Dunn Department Director Affected parties Budget Aect. #::21 -0900- [ ] Notified 519.6250 [ ] None Approved by: City Manager [ X ] Not required MEMO PARKS AND RECREATION TO: Bobbie Herakovich, City Manager 1A FROM: Sue Miller, Director, Parks & Recreation DATE: May 6, 1999 RE: Installation of additional netting for Gardens Park *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: During the discussion of the Fiscal Year 1999 -2004 Capital Improvement Program, at the City Council workshop on April 22d, Council inquired as to whether this netting project could be completed this year, by including it as a change order with the contractor. When staff contacted the Construction Manager regarding this request to include this project as a change order, the Construction Manager replied, "That considering the problems Suffolk had with their fence contractor, he would not recommend that the City give them the additional work of adding netting to the backstops". As staff believed that time was of the essence to complete this project, due to potential liability problems, staff contacted various governmental agencies to determine if they had any contracts that could be "piggybacked ". Subsequently, staff was informed that the Palm Beach County School Board had an existing contract with C.R. Dunn, of West Palm Beach that could be utilized. DISCUSSION: Since the Palm Beach County School District has an existing contract ( #SB 98C -114n with C.R. Dunn, Inc., of West Palm Beach, Florida, to provide for contracting services and installation, staff is of the opinion that C.R. Dunn, Inc., of West Palm Beach, Florida, will fulfill the needs and budgetary requirements for installing the additional poles and netting. RECOMMENDATION: Staff recommends that the council authorize the City to "piggyback" the Palm Beach County School Board contract with C.R. Dunn, Inc., of West Palm Beach, Florida ( #SB 98C -1141) in the amount of $25,000 for the installation of the poles and netting, which will add netting over all spectator seating areas at the new baseball complex, insuring the safety and well being of those who attend the practices, games and tournaments at this facility. If you have any questions regarding this item, I am available for discussion at your convenience. -:ril i r iC -u,,r iE t j, _ W:y C.F Inc. ELECTRICAL CONSTRUCTION 1214 POPE LANE / LAKE WORTH, FL 33460 / TELEPHONE (561) 585 -2155 / FAX (561) 585 -1233 PROPOSAL To: Bob Glancy Date 04/06199 11896 Re: (Project name) Palm Beach Gardens ;vetting We submit the following proposal to you on a confidential basis, the information in this proposal is not to be shared with any other person without our express written permission, to perform electrical work as shown in the following enumerated plans and specifications for project: Drawings dated: (list) The proposed price is as follows: Labor, Materials and Equiptment to install Baseball Impact Netting @ 8 Sites 12 -35' Concrete Poles 10' Deep. 5- 110 x 20', 2- 30' x 60' 1- 30' x 60', 1 -50' x 30'; Sections of :Vetting. $25,000.00 This proposal is to remain confidential. This proposal will be accepted by you in any of the following methods: a) Utilizing our prick drawings, and/or value engineering ideas for any purpose, including but not limited to sharing or shopping our price or value engineerin ideas with any other person, b) requesting us to proceed with any work for the project, c) our beginning to perform work on site at the proje+ after you request, d) use of any of our value engineering work product, e) execution of a written or oral agreement, or f) written acceptant of our proposal, including letter of intention to enter into contract- Respec��11�r- su�m'died, . CONSTRUCTION INDUSTRY STANDARDS COUNCIL. r 1 air t CRL11_1 1r , I r u. F-,,_,r;E ;h C>kO OL D/ \ .. c THE SCHCCLOI.STRiC? CF PALM 3E.101 COUNTY, rLCRIDA �" . • !� CCNTRACTNG ANO PROCUREMENT OEPAM7M£N` 3326 FOREST HILT. 3CULEVAPD, C•216 WEST PALM BEACH. FL 33406.5813 BEACH COtSt'~ 15611 — 4.8216 FAX ,561) 434 -8185 December 10, 1998 Ms. Kimberly A. Dunn, President C.R. Dunn, Inc. 1214 Pope Lane West Palm Beach, F1_ 33460 OR ,CAN ? •(CWA- ;�v�a�K-errtr�- S..i!COL.S Subject: Letter of Agreement Sid : S3 98C -114J Title: TERM CONTRACT FOR BLECTRICAL CONTRACTING SERVICES AND INSTALLATION Dear Ms. Dunn, r 1a ,,. Oh 01 : 3cFM P37 This is to advise you that on December 9, 1998 the school Board of Palm.Beach County, Florida has accepted your offer to renew Bid Number SB 96C -114,7 to furnish services per the attached tabulation. This acceptance is subject to compliance with bid specifications, terms and conditions, all pertinent laws of the State of Florida and instructions as determined by the General Counsel for the School Board. Proof of Insurance as per Special Conditions "G ", Insurance Requirements, must be furnished within fifteen (15) days of this notification. Your insurance company is required to have the School Board of Palm Beach County, Florida NAMED AS AN ADDITIONAL IN9URED. NO WORK SHALL COMMENCE UNTIL WE RECEIVE THE CERTIFICATE. CERTIFICATE OF INSURMCB MUST REFERENCE ABOVE BID 'NUMBER. PLEASE BE SURE TO ADVISE YOUR INSURANCE CARRIER. Purchase order(s) will be issued to cover the services as the )need arises. The Purchase Order will be your notification to proceed. no not proceed until you have received a purchase. order. Failure to do so may result in non-payment. Thank you for your bid, we look forward to doing business with your company. Sincerely, d Kathleen Valentine, CPPO Purchasing Manager .Rune L. Brack, x Purchasing Agen C; bid file An Equal Educatlon Opportunity Provider and Affirmative Action Employer CITY OF PALM ,BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 25, 1999 Subject/Agenda Item: Resolution 62, 1999 - CDBG and HOME Interlocal Agreement Recommendation /Motion: Staff recommends annroval of Resolution 62. 1999_ Reviewed by: Originating Dept.: Costs: $ 0 Council Action: City Attorney Planning Div. Total [ ] Approved Other N/A $ 0 [ ] Approved wi conditions Current FY [ ] Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Res 62, 1999 [ ] Other N/A Interlocal Agreement Paper: [ ] Not Required Submitted by: Growtfi Mgt. Director Affected parties [ ] Notified: Budget Acct. #: [ ] None Approved by: City Manager (] Not required Background: It is time for the City to renew its agreement with the County for administration of Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) activities within the municipal limits. The subject interlocal agreement applies to Federal Fiscal Years 2000, 2001 and 2002. During the effective period of the previous interlocal agreement, no CDBG or HOME dollars were spent within the City limits. Eligible projects must benefit neighborhoods (CDBG) or individuals (HOME) with limited incomes. Still based on 1990 Census Block Data, the only neighborhoods which qualify for CDBG monies are Hilltop Mobile Home Park and Meadows -- Mobile Home Park. The City's involvement in this partnership brings the County approximately $169,000 in federal funding which can be applied outside Palm Beach Gardens in eligible areas. MEMORANDUM TO: City Council FROM: Kim Glass, Principal Planner DATE: May 17, 1999 SUBJECT: Community Development Block Grant Program The Community Development Block Grant program has four categories of funding under the program: housing rehabilitation, commercial rehabilitation, neighborhood revitalization, and economic development. CDBG monies are available for governments to competitively apply for - individuals are not eligible. The housing revitalization category involves replacement or rehabilitation of homes. The commercial revitalization category includes creating or renovating of streetscapes such as sidewalks, crosswalks, period lighting, trees and shrubbery. It also includes creating parking lots and making building facade improvement. To be eligible the property must be in a community redevelopment area. The neighborhood revitalization category involves improvements in low to moderate residential areas including replacing or extending water and sewer lines, correction of flooding or drainage problems, paving or resurfacing streets and creating or renovating parks. The fourth category of economic development allows for grants to provide infrastructure improvements when permanent jobs will be created as a result of the improvements. The Home Investment Partnership Program is available to eligible individuals (residents) for housing rehabilitation and disaster - related reconstruction. May 10, 1999 RESOLUTION 62, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS PROGRAM ACTIVITIES FOR FISCAL YEARS 2000, 2001 AND 2002; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens desires to cooperate with Palm Beach County for the purpose of implementing the Community Development Block Grant (CDBG) and Home Investment Partnerships Programs(HOME) ; and WHEREAS, an interlocal agreement is required for the County to implement CDBG and HOME activities within a municipality. 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 hereby authorizes the Mayor and City Clerk to execute the Interlocal Agreement, attached as Exhibit "A ", which provides for the County to expend CDBG and HOME funds for eligible activities within the City during Federal Fiscal Years 2000, 2001 and 2002. SECTION 2: This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF 1999. JOSEPH R. RUSSO, MAYOR ATTEST: APPROVED AS TO FORM AND LINDA V. KOSIER, CMC, CITY CLERK LEGAL SUFFICIENCY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE -MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO RESOLUTION 62, 1999 PAGE 2 MAY 14 '99 1402 WESTGATE/OOMM/REDEV/ INTERLOCAL COOPERATION AGREEMENT BETWEEN PALM BEACH COUNTY AND CITY OF PALM BEACH GARDENS P.2 THIS INTERLOCAL COOPERATION AGREEMENT made and entered into this day of , 1999, by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY ", and CITY OF PALM BEACH GARDENS, a municipality duly organized by the laws of the State of Florida, hereinafter referred to as the "MUNICIPALITY ". WHEREAS, the parties hereto have the common power to perform Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME) activities within the COUNTY, said common powers being pursuant to Section 125.01, Florida Statutes, and Chapter 163, Part III, Florida Statutes; and WHEREAS, it is mandated by Title I of the Housing and Community Development Act of 1992, that a county must enter into Interlocal Cooperation Agreements with municipalities in its jurisdiction for the purposes of implementing CDBG activities within said municipalities; and WHEREAS, these Interlocal Cooperation Agreements are also required to implement HOME under Title H of the National Affordable Housing Act of 1990; and WHEREAS, the COUNTY desires to join with municipalities in order to carry out the planning and professional services necessary , to implement the CDBG and HOME Programs during Federal Fiscal Years 2000, 2001, 2002; and WHEREAS, the COUNTY and MUNICIPALITY agree to cooperate to undertake or assist in undertaking community development and housing assistance activities, specifically urban renewal and publicly assisted housing; and WHEREAS, the COUNTY and MUNICIPALITY wish to cooperate in the implementation of the goals and objectives of the COUNTY'S Consolidated Plan, as approved by the U.S. Department ofHousing and Urban Development; and WHEREAS, the MUNICIPALITY desires to cooperate with the COUNTY for the purpose of implementing the Community Development Block Grant and HOME Programs. NOW, THEREFORE, the parties hereby agree as follows: 1. The COUNTY and the MUNICIPALITY will cooperate so that the COUNTY may expend CDBG and HOME funds for eligible activities within the MUNICIPALITY during Federal Fiscal Years.2000, 2001, 2002 (including program income generated from expenditure of such funds) under Title I of the Housing and Community Development Act of 1992 and Title II of National Affordable Housing Act of 1990, and receive funds under these Acts. 2. The COUNTY and the MUNICIPALITY will cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. 3. With the MUNICIPALITY'S assistance, the COUNTY will prepare a Consolidated Plan as required by the U.S. Department of Housing and Urban Development (HUD). The COUNTY will undertake or assist in undertaking all professional and administrative services necessary to prepare said application and other necessary documents, and the COUNTY will agree to take full responsibility and assume all obligations of an applicant under the Housing i 1 y f i MAY 14 '99 14:03 bESTGATEiC0NVREDEVZ P.3 CITY OF PALM BEACH GARDENS and Community Development Act of 1992. The COUNTY and the MUNICIPALITY agree that the COUNTY is hereby allowed to undertake or assist in undertaking essential community development and housing assistance activities within the MUNICIPALITY; however, the COUNTY has final responsibility for selecting activities and annually submitting the Consolidated Plan to HUD. 4. The MUNICIPALITY and the COUNTY will take all actions necessary to assure compliance with the urban county's certification required by Section 104(b) of Title I of the Homing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, Title VIII ofthe Civil Rights Act of 1968, The Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974, The Americans with Disabilities Act of 1990, and other applicable laws. 5. The MUNICIPALITY, by executing this Agreement, understands that it may not apply for grants under the Small Cities or State CDBG Programs from appropriations for Fiscal Years 2000, 2001, 2002; and may not participate.in a HOME consortium except through the COUNTY. 6. The MUNICIPALITY has adopted and is enforcing a policy prohibiting the use of excessive force. by law enforcement agencies within its jurisdiction against any individuals engaged in non- violent civil rights demonstrations; and a policy of enforcing applicable State and local laws against physically barring entrance to, or exit from a facility or location which is the subject of such non - violent civil rights demonstrations within jurisdictions. The COUNTY shall not use CDBG or HOME funds for activities in or in support of any MUNICIPALITY that does not affirmatively further fair housing within its own jurisdiction or that impedes the COUNTY'S actions to comply with its fair housing certification. 7. The COUNTY, through its Department of Housing and Community Development, shall assist the MUNICIPALITY in undertaking all professional and administrative services necessary for the purposes of implementing CDBG or HOME activities, including preparation of all applications and other necessary documents, planning and other administrative activities, as required. 8. Pursuant to 24 CFR S70.501(b), the MUNICIPALITY is subject to the same requirements applicable to subrecipients, including the requirements for a written agreement described in 24 CFR 570.503. 9. The MUNICIPALITY shall be responsible for notifying the COUNTY of any modification and/or change in the use of any real property (from that planned at the time of acquisition or improvement, including disposition) acquired or improved in whole or in part with CDBG or HOME funds that is within control of the MUNICIPALITY. Notification of the COUNTY shall take place within ten (10) days of said modification or change. In the event that said real property as described above is sold, conveyed or transferred after the time of acquisition and/or improvement, and said real property is sold, conveyed or transferred for usage which does not qualify as eligible under CDBG or HOME regulations, the COUNTY shall be reimbursed in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non -CDBG or non -HOME funds) of the 4. F. i MAY 14 '99 1404 WESTGATE/OWWREDEV/ CITY OF PALM BEACH GARDENS P.4 S property by the MUNICIPALITY. In the event of a close -out or change of status of the MUNICIPALITY, tertination of this Agreement, or disposition and/or transfer of any property improved or acquired with CDBG or HOME funds, the COUNTY shall be reimbursed by the MUNICIPALITY any program income.generated prior to or subsequent to said close -out, termination or change of status. 10. The COUNTY and the MUNICIPALITY:` will comply with the Consolidated Plan and the implementing program as outlined in the annual Consolidated Plan submission which governs the expenditure of CDBG and HOME funds. 1 ;: 11. This Agreement shall give the COUNTY authority to carry out activities which will be M` d ;< . funded from annual appropriations of CDBG .and HOME. entitlement funds. and program - income through Federal Fiscal Years 2000, 2001, 2002. The Agreement shall remain- in effect until all CDBG funds, HOME funds and any program income received are expended, and the funded' activities are completed; and that the COUNTY and MUNICIPALITY may not terminate or withdraw from the Agreement while it remains in effect. �' r 12. This Agreement is contingent upon the COUNTY S qualification as an "urban county" and award of funds under the Housing and Community Development Act of 1974. 13. Any prior agreements or contracts regarding -the duties and obligations of the parties enumerated herein are hereby declared to be null and void. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. ATTEST: DOROTHY H. WILKEN, Clerk PALM • REACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Chair APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By. I . Assistant County Attorney ATTEST: - Clerk CITY; OF PALM BEACH GARDENS, a municipality duly organized by the laws of the State of Florida Mayor (SEAL) Manager (If Applicable) MAY 14 '99 14 04 WESTGATE/CUIVREDEV/ CITY OF PALM BEACH GARDENS LEGAL CERTIFICATION 13Y PALM BEACH COUNTY P..S i As Legal Counsel for Palm Beach County, I hereby state that the terms and provisions of this Agreement are fully authorized under State and local law, and that the Agreement provides full legal authority for the County to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. Tammy K Fields, Assistant County Attorney Palm Beach County, Florida Re.. SM"9 -MENHRALWCAGRMRG CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 6,1999 Date Prepared: Mav 12, 1999 Subject /Agenda Item: Requesting the U.S. Corps of Engineers and South Florida Water Management District Modify the Existing S -44 Water Control Structure Recommendation/Motion: Consider a motion to approve Resolution 63, 1999 Reviewed by: Originating Dept.: Costs: $ Council Action: Public Works Total City Attorney [ ] Approved Finance $ [ ] Approved w/ Current FY conditions ACM [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ ] Operating Resolution 63, 1999 [ ]Other Paper: [ X ] Not Required Submitted by: tV tepaYfm(— llirect r Affected parties [ ] Notified Budget Acct. #:: [ ] None Approved by: City Manager [ X ] Not required BACKGROUND: Due to the severe flooding in October of 1995 and January of 1999, the City has worked with South Florida Water Management District and North Palm Beach Control Improvement District to consider a third gate at the S -44 structure, which would minimize additional flooding. Staff recommends that the City Council approve Resolution 63, 1999, requesting and urging the U.S. Corps of Engineers and the South Florida Water Management District to modify the existing S -44 water control structure located within the C -17 Canal by installing a third control gate as originally designed. May 6, 1999 RESOLUTION 63, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, REQUESTING AND URGING THE U.S. CORPS OF ENGINEERS AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO MODIFY THE EXISTING S -44 WATER CONTROL STRUCTURE LOCATED WITHIN THE C -17 CANAL BY INSTALLATION OF A THIRD CONTROL GATE AS ORIGINALLY DESIGNED. WHEREAS, the S -44 Water Control Structure is situated within the C -17 Canal and located East of Alternate A -1 -A in Palm Beach County, Florida, WHEREAS, the S -44 Water Control Structure that controls the flow and discharge of storm/flood waters directly affecting Palm Beach Gardens is under the jurisdiction of the South Florida Water Management District, WHEREAS, the S -44 Water Control Structure is operated by the South Florida Water Management District but any modifications or constructions works related thereto are subject to prior approval from the U.S. Corp of Engineers, WHEREAS, the S -44 Water Control Structure needs to be modified by the installation of a third control gate in order to adequately control the flow and discharge of storm/flood waters generated from within the C -17 Basin for the protection of its inhabitants and the property improvements located therein, and WHEREAS, the citizens of the City of Palm Beach Gardens would benefit from the installation of -a third control gate in the S -44 Water Control Structure within the C -17 Basin located East of Alternate A -1 -A in Palm Beach County, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, joins the Palm Beach County Board of County Commissioners, Northern Palm Beach County Improvement District, together with other affected municipalities, in requesting that the U.S. Corps of Engineers approve and that the South Florida Water Management District modify the existing S -44 Water Control Structure, located within the existing S -44 canal, by installing a third control gate as originally designed. SECTION 2. The City Council of the City of Palm Beach Gardens here directs the City Clerk to forward copies of this resolution to South Florida Water Management, Palm Beach County Board of County Commissioners, Northern Palm Beach County Improvement District, Town of Lake Park, Village of North Palm Beach, City of Riviera Beach and City of West Palm Beach. SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF MAY 1999. ATTEST: Linda V. Kosier, CMC, City Clerk VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO RESOLUTION 63, 1999 PAGE 2 Joseph R. Russo, Mayor APPROVE AS TO LEGAL FORM AND SUFFICIENCY City Attorney AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: May 12, 1999 Meeting Date: May 20,1999 Subject/Agenda Item: Resolution 64, 1999, extending the existing franchise agreement with Adelphia Cable Communications. Recommendation/Motion: Staff recommends approval of Resolution 64, 1999. Reviewed by: Originating Dept.: Costs: $ NA Council Action: City Attorney Administration Dept. ( Total) [ ] Approved Finance $ [ ] Approved w/ ACM P[ Current FY conditions ]Denied Advertised: Other Funding Source: [ ] Continued to: Date: [ ] General Fund Submitted by: Paper: [ ] Other Attachments: [ X ] Not Required Department Director Affected parties [ ] Notified Budget Acct. #: Approved by: City Manager [ ] Not required [ ] None BACKGROUND: Negotiations of a new franchise agreement with Adelphia Cable Communications have been delayed while the City worked to update its cable regulations to meet the requirements of the Telecommunications Act of 1996 and to draft an interlocal agreement with Palm Beach County. The interlocal agreement is intended to regulate cable companies which operate in the City, but which use only County rights -of -way. The City has, been informed that the County's existing franchise agreements make an interlocal agreement ineffective, so the City must continue with revisions to the cable regulations before negotiations with Adelphia can continue. Therefore, the existing franchise with Adelphia must again be extended. CITY MANAGER'S OFFICE i nteroff ice MEMORANDUM TO: Bobbie Herakovich, City Manager FROM: Richard Diamond, Assistant City Manager SUBJECT: Resolution 64, 1999 Extending the Existing Cable Television Franchise Agreement With Adelphia Cable Communications DATE: May 12, 1999 As you know, negotiations of a new franchise agreement with Adelphia Cable Communications were suspended some time ago so the City could update its television cable regulations in light of the requirements of the 1996 Telecommunications Act. To that end, the City hired the law firm of Leibowitz and Associates to assist the City. Last year the City, along with the City of Greenacres, approached Palm Beach County requesting interlocal agreements to enable the County to enforce its cable regulations within municipalities for those cable companies which use only County - maintained rights -of -way. Leibowitz and Associates, as well as our City Attorney, has worked on the draft agreement. The City has been informed by the County that, based on its existing franchise agreements, such an interlocal agreement will not affect the cable companies having an existing franchise, making the agreement ineffective. Based on this information, Staff is pursuing completion of revised cable regulations based on the draft prepared by Leibowitz and Associates last year. Since the City's cable regulations should be revised prior to the renewal of any cable franchise, it is again necessary to extend the existing franchise with Adelphia Cable Communications. Resolution 64, 1999 (attached) amends Resolution 143, 1998 which extended the franchise agreement with Adelphia until June 21, 1999. Resolution 64, 1999 would extend the agreement until December 21, 1999, allowing time to amend our cable regulations and negotiate a new franchise agreement. Staff recommends that the City Council adopt Resolution 64, 1999 extending the existing franchise agreement with Adelphia Cable Communications. RD:npf Attachment RESOLUTION 64, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN EXTENSION OF THE CABLE FRANCHISE AGREEMENT WITH ADELPHIA CABLE COMMUNICATIONS GRANTED PURSUANT TO RESOLUTION 22, 1967, AND EXTENDED BY RESOLUTION 110, 1997, RESOLUTION 9, 1998, RESOLUTION 70, 1998 AND, RESOLUTION 143, 1998 PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the License Agreement entered into October 23, 1967, between Centel Cable and the City of Palm Beach Gardens, Florida, (hereinafter "CITY ") and amendments thereto, Adelphia Cable Communications (hereinafter "ADELPHIA ") currently operates a cable television system in the City of Palm Beach Gardens, Florida; WHEREAS, pursuant to the Communications Act of 1934, as amended, 47 U.S.C. Section 521, et. Seq., the City may grant or renew a franchise to construct, operate and maintain a cable television system; WHEREAS, the existing franchise agreement between the City and Adelphia adopted pursuant to Resolution 22, 1967, expired as of October 23, 1997; WHEREAS, Resolution 110, 1997, Resolution 9, 1998, Resolution 70, 1998 and Resolution 143, 1998 extended the existing franchise agreement between the City and Adelphia until June 21, 1999. WHEREAS, the City is negotiating with Adelphia for renewal of its cable franchise agreement; however both parties agree that the renewal agreement will not be completed prior to June 21, 1999; and WHEREAS, in light of recent changes to the federal communications laws, the anticipated entry of competitive providers into the City, and rapid advances in technology, it is in the best interest of the citizens of Palm Beach Gardens, Florida, to extend the existing cable franchise agreement to provide additional time for negotiation of a renewal agreement with Adelphia. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1, The above recitals are true and correct and incorporated herein by reference. Section 2, The Cable Franchise Agreement entered into on October 23, 1967, together with any approved amendments thereto, and the extensions provided for in RD002 05/12/99 Resolution 110, 1997, Resolution 8, 1998, Resolution 70, 1998 and Resolution 143, 1998 is hereby amended to extend the current cable television franchise agreement to December 21, 1999. Section 3, All terms and conditions of the Adelphia cable television franchise renewal agreement, as finally adopted by the City, shall be deemed effective as of the date of expiration of the existing agreement. Section 4, This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DATE OF JULY, 1998. ATTEST: LINDA V. KOSIER, CMC VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO JOSEPH R. RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY AYE NAY ABSENT RD002 05/12/99 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: April 27, 1999 Meeting Date: May 20, 1999 Subject/Agenda Item Consideration of approval of Resolution 60, 1999 for the approval of the Art in Public places for the Burns Road Self - Storage project located on lot 13 of South Park Center within Northcorp Center Planned Community District. Recommendation /Motion: It is recommended that Resolution 60, 1999 be approved. Reviewed by: V I Originating Dept.: Costs: $ Council Action: / City Attorne�� 7 1 Growth Management Total [ ] Approved first reading Finance NA ACM Q) $ Current FY [ ] Approved w /conditions [ ]Denied Human Res. NA Other NA Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ] Other Resolution 60, 1999 Illustrations of proposed sculptures [ ] Not Required L Submitted by: -?71V Growth Management Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ ] Not required BACKGROUND: On August 6, 1998, City Council approved the site plan for Burns Road Self- Storage for the construction of an 80,600 square -foot storage facility through the adoption of Resolution 50, 1998. 1 Request: George Kelly, owner, is requesting approval of the art in public places proposed at the Burns Road Self- Storage site. The 3 -acre site is located on lot 13 of the South Park Center within Northcorp Center Planned Community District. Per Ordinance 12, 1993, Art in Public Places, new construction, renovation, or remodeling of any improvement with a minimum construction cost of $1,000,000, shall include an amount of 1 % of the total budget as a fee for the provision of art work on the project site. Instead of providing the artwork on the project site, a developer may choose to contribute 0.5% of the total construction costs as the required art fee directly to the City for inclusion in the City's art account. The petitioner is proposing a bronze deer sculpture, which will be located at the corner of Burns Road and East Park Drive. The sculpture was created by Walter T. Matia (see narrative). The construction cost for the project is $2,000,000.00. Under the terms of the Art in Public Places Ordinance, the petitioner is required to pay $20,000.00 (1% of the total budgets) for art for the project. The applicant has indicated that the cost of the proposed sculpture would be $28,300.00 (see attached). At its April 20, 1999 meeting, the Art Advisory Committee recommended the approval of the proposed art with the following condition: Light fixtures shall have shields so that lamps will not be visible from the roadway. 2 WALTER MATIA Walter T. Matia has throughout his life merged professional commitments to both art and the environment, "each broadening his. perception. and. giving specific focus and refinement to his sculptures depicting North. "American fowl. As vice president in charge of land management of The Nature. Conservancy, a -non -profit organization dedicated to the preservation of endangered species of- plants, :animals, and habitats, -he has traveled -the continent:-experjencing directly those settings which have profoundly influenced his vision and mission as a sculptor. of wildlife. Walter was-born in 1953 in Cleveland, Ohio, and.his.deveiopment was sig- nificantly.nurtured from its special institutional resources, including The Cleveland.Museum of Natural His tory "as well as the University School where.he is a graduate, Fascinated by the animal specimens in The Cleveland Museum of Natural History, he began his first art class at the age of ten.and.studied animal drawing with the former museum director, Mr. William Scheele. His association with that museum continued for years. Although he holds a B.A. in both•biology.and art from Williams" College, much of his formal training and influence came from a long apprenticeship, evolving over six years, in the exhihits division at The Cleveland Museum of Natural History, where he studied under a number of museum artists including Larry Isard and culminating in his employment in that institution as a taxidermist and exhibition assistant. Influenced both by French animal portraiture as well as the American western painter and sculptor, Charles. Marion Russell (1864 - 1926), who approached . his subjects di*-ectly with a compassion for all nature's creations, Matia is both a keen and trained observer as well as a meticulous craftsman. Matia is fascinated by the process in which birds spend almost ninety percent of their time conserving energy, and it is this unique physical state be believes relects the essence of their spirit. Walter has a very prestigious background which includes a Presidential Commission, Commissions for the Mellon Foundation, One man exhibition at the Blair House, Member and Annual Exhibition at the Society of Animal Artist Exhibitio& and Birds In Art.- Leigh Yawkey Woodson Art Museum Ann- Exhibition in Wausau, Wisconsin. Also, National Academy of Western Art - Oklahcfta',q#y, Oklahoma; Birds of America - F. Anderson Gallery, Boston, Massac]iUsetts . Collections include - Blair House - Washington D.C.; Chesapeake Bay Foundation - Annapolis, Maryland; Leigh Yawkey Woodson Art Museum - Wausau, Wisconsin;. Richard King Mellon Foundation,- Pittsburg,: Pennsylvania. 4139 BURNS ROAD G.T. KELLY GENERAL CONTRACTORS, INC. W""// acca0ty W gene &1c4fi PALM BEACH GARDENS, FLORIDA 33410 November 30, 1998 City of Palm Beach Gardens Art Advisory Commission 10500 N. Military Trail Palm Beach Gardens, FL 33410 Gentlemen: TELEPHONE (561) 776 -1564 FACSIMILE (561) 776 -1571 We are pleased to submit the enclosed pictures of the sculpture we propose to install at the Burns Road East Self Storage project. This work, depleting a native Florida species will be installed at the corner of Burns Road and East Park Drive. It will be set in a grouping of native slash pine and palmetto. This art work -will be complimentary to the bronze herons at Palm Beach Gardens Business Park without being redundant. The cost for this sculpture, including erection and proposed plantings is $28,300.00. The cost of construction for the Burns Road East Self Storage project is $2,000,000.00. Sincerely, eor e e V President GTK/ns ; `�%' Enclosure ,a° s ��s rla AP WHITETAIL DEER IN NATIVE FLORIDAPRESERVE I)_.� -. _a- ,c•.t� �•i ♦•:,•i%, •'+/'ii, 4� 'o• i�" t �w's :'`=�r d a's i�.t.�~•a ".J '•��.i1l= ^"' s� '�i �-. �' ►ts.• Ir.;_:�'-•la `. off•• -..,�� is r -. ♦ Y•• -'f _ n'Y� r•N.+: • IArsi: °r '•. �: tt'r ►� • • -� •!!fIY �.� •Y �� ^ �. - .° i �!ht' I y^•��� L. .i: • % rt` ✓u .'ar.•R� �_;� av .y �a .f . : °'? .', r.� •� • .. !r ••a�iM'•. 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Wit,• ^o"C: 4/28/99 RESOLUTION 60,1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF THE ART IN PUBLIC PLACES PROPOSAL FOR BURNS ROAD SELF STORAGE PROJECT LOCATED ON LOT 13 OF THE SOUTH PARK CENTER WHITHIN NORTHCORP PLANNED COMMUNITY DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens approved the site plan for Burns Road Self Storage by Resolution 50, 1998 for the construction of 80,600 square feet of storage facility on a 3 -acre parcel located on lot 13 of the South Park Center within Northcorp Center Planned Community District; WHEREAS, George Kelly, owner, has requested the approval of the proposed art for the City Center Project in compliance with Section 106 -29 of City Code requiring Art in Public Places; WHEREAS, the Art Advisory Committee of the City of Palm Beach Gardens recommended approval of the proposed art for Burns Road Self Storage; 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 hereby approves the proposed Art in Public Places for the Burns Road Self- Storage project. Section 2. The proposed Art shall be in compliance with the following condition: Light fixtures shall have shields so that lamps will not be visible from the roadway. Section 3. The proposed Art shall be in compliance with the following plans on file with the City's Growth Management Department: 1. White Tail Deer in Native Florida Preserve, sketch stamped January 22, 1999. 2. April 14, 1999, White Tail Deer Sculpture Detail Planting Plan by Cotleur & Hearing Resolution 60, 1999 Page 1 Section 4. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS THE DAY OF JOSEPH RUSSO, MAYOR ATTEST: LINDA V. KOSIER BY: '1999 APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK Resolution 60, 1999 Page 2 City of Palm Beach Gardens Department of Growth Management Petition VAR -99 -01 Application for Sign Variance Fine Building, 3902 Burns Road Seymour Fine has requested a sign variance for a ground sign located at the Fine Building site, 3902 Burns Road. The site is located at the southwest corner of Burns Road and Riverside Drive. The petitioner is proposing to reduced all dimensional nonconformities of the sign, including height, pole, and number of messages, but must still request a variance for front and side setback requirements as well as landscaping requirements. The petitioner is unable to relocate the sign without creating additional nonconformities on site. The petitioner was originally scheduled to be heard on May 20, and was advertised for such. However additional staff concerns, including engineering review, has required that this petition be postponed to June 3. \eat G: \Short Range \var9901.520.mem.wpd 05/20/1999 11:59 5617752506 HARVEY & NORMA STERN OAKS EAST FIOMEOWNERS ASSOCIATION, INC. Harvey. L. Stern, Secretary 162 East Tall Oaks Circle Pal w Beach Gardens, FL 334104442 Telephone B -Neal[ (S6I) 77S.2506 AtarvysterpQe ooLcoex May 20, 1999 PAGE 01 FAW 06I) 77S•2506. VIA TELECOPY ONLY Mayor and City Council City of Palm Beach Gardens 10500 North Military trail Palm Beach Gardens, FL 33410 Re: Application of St. Marks Church Dear Mr. Mayor and City Counci I Members: A conflict between your cheduled meeting of this evening and a meeting f our Board of Directors, precludes my ap at your meeting. Your meeting's agenda inc ades an ordinance regarding St. Marks' plans for a development of its property located at the n rthwest corner of Burns Road and Gardens t Drive. Our Association and our sister comet •ty of Sun Terrace at the Oaks. are concerned th the drainage in our neighborhoods. When we ppeared at the Planning and Zoning meeting o concerns were expressed with particular emphas s on the two major storms we experienced in Oc ber, .1995 and January, 1999, when the entrance ways to our communities was flooded .to the extent that the . residents were unable to enter ox leave the area. The plans presented by St. Mar show that the drainage from this new developm t will flow through our system. While we welcoff e the church as . a neighbor, and appreciate that its I rupalyTeprcsentsa. very small part of our drainal a basin, should we experience similar storms in he - future, a very small addition of water could lead to severe property damage. Our concord magnified by the possible development of Ca Lakes at the northeast corner of Burns Road a id Alt. Al Al- which property also drains into our msin. Please do not treat this let or as an objection to the subject application, but i lather a caution to you to monitor the drainage in Ns area in future applications for development. Thank you for yourconsk oration. :a aeIm%0tnbcgrd.520 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 20, 1999 Date Prepared: May 10, 1999 SUBJECT /AGENDA ITEM: First reading of Ordinance 24, 1999 approving petition PUD- 99 -01, a request by St. Mark's Episcopal School, for planned unit development (PUD) approval of private school playing fields and an associated structure. RECOMMENDATION /MOTION: Staff recommends that Ordinance 24, 1999 be approved with 8 conditions. Y 1f Reviewed by: rQ '" G� l er P M W C44. Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Approved Finance nNA $ [ ] Approved w /conditions ACM �� w� V Current FY [ ]Denied Human Res. NA Other NA Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ ] Other — Ordinance 24, 1999 —Site Plan —Memo from Tammy [ ] Not Required Jacobs dated 513199 Submitted by- "/ Growth Mana a rierSf Affected parties Budget Acct. #: Director [ ] Notified [ ] None Approved by: City Manager [ ] Not required REQUEST: A request by Fanning /Howey Associates, agent for St. Mark's Episcopal School, for rezoning of certain lands to planned unit development (PUD), and approval of a proposed site plan for private school playing fields, courts, and an associated structure that includes an open -air pavilion for physical education, concession booth, restrooms, _ custodian room, storage area, and a room for use by the physical education teacher, to be located on Bums Road, east of Alternate A1A and west of Gardens East Drive. (7- 42S -43E) BACKGROUND: The St. Mark's Playing Fields is proposed to be located on a vacant parcel at the northwest corner of Burns Road and Gardens East Drive. The subject property is bound on the north by The Oaks (residential) and undeveloped land zoned Planned Development Area (PDA). The Oaks is a Planned Unit Development with a total of 900 dwelling units at 3.82 dwelling units per acre. To the west of the site is more vacant land (PDA) that has a petition pending that would create 262 townhome units on the site. To the south is Gardens East Apartments (residential) and Cedar Gardens Office (9,867 square feet of PO - professional office). To the east of the site is the Oaks (ROS - Recreation Open Space) and St. Mark's Episcopal Church and School, which was approved on March 19, 1992. The proposed site was farmland at one time, but has become overgrown with vegetation in recent years. The land was purchased by the St. Mark's Episcopal School on January 15, 1999 from the MacArthur Foundation. The applicant intends to use the site as playing fields and courts for the students attending their school. Night time use and league play that does not involve the church or school is not anticipated at this time. The proposed site will also provide overflow parking for the St. Mark's Episcopal Church and School. LAND USE AND ZONING: The subject site is zoned as a Planned Development Area (PDA), and has a future land use designation of Residential - Medium Density (RM). The applicant wishes to rezone the site to a Planned Unit Development (PUD). 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) demonstrates that the proposed project is consistent with the City Code and underlying zoning for the site. TRAFFIC CONCURRENCY: Although the site does not propose office or residential space, the proposed project may generate increased traffic. The City Engineer has reviewed the proposed project to determine if it meets concurrency, particularly if the current roadways can support this proposed project and the current church and school across Gardens East Drive. The City Engineer's comments regarding this issue are included in her memorandum attached to this report. 2 I Subject Property Planned Residential - Vacant/Undeveloped Development Area Medium Density (PDA) (RM) ' North(east) Planned Unit Residential - The Oaks Development (PUD)/ Low Density Residential - (RL) Medium Density (RM) ' North(west) Planned Residential - Vacant/Undeveloped Development Area Medium Density (PDA) (RM) ' South(east) Professional Professional Cedar Gardens Office (PO) Office (PO) Office ' South(west) Planned Community Residential - Gardens East District (PCD) Medium Density Apartments (RM) West Planned Residential - Vacant/Undeveloped Development Area Medium Density (proposed Catalina (PDA) (RM) Lakes Townhomes) , East(north) Planned Unit Recreation The Oaks Development (PUD)/ Open Space Residential - (ROS) Medium Density (RM) ' East(south) Residential - Residential - St. Mark's Low Density 3 Low Density Episcopal (RL -3) (RL) Church & School *conditional use (CU) 3 Ii - , PROJECT DETAILS: Building Site The St. Mark's Episcopal Church /School intends to develop the entire parcel as playing fields, an ancillary structure, and a parking area for the use and support of the school children attending St. Mark's Episcopal School. The stands located around the 4 Yes Planned Unit Development Playing Fields with (PUD) - Residential an ancillary Medium structure & (RM) parking lot ' Yes Maximum Building Lot 2.811% Coverage for RM: 35% , Max. Building Height: Building Height: Yes 2 stories /36 feet 26.33 feet , Yes Minimum Required 80 spaces Parking: 32 spaces (excess to serve as (based on parking calculation as "Community Center/ Recreational Facility" additional church parking) - t space per 200 square feet) , Yes Front Setback: Front Setback: • 30 feet -370 feet , Yes Side Setback: Side Setback: 10 feet -12 feet . Yes Side (facing street) Side (facing street) Setback: 20 feet Setback: 123 feet Yes Rear Setback: Rear Setback: 20 feet -349 feet - , PROJECT DETAILS: Building Site The St. Mark's Episcopal Church /School intends to develop the entire parcel as playing fields, an ancillary structure, and a parking area for the use and support of the school children attending St. Mark's Episcopal School. The stands located around the 4 fields will be non - permanent in nature. The playing fields and courts will accommodate baseball, softball, soccer, tennis, and basketball. The open -air pavilion will serve as an area for the students to participate in sporting events such as four - square when the weather does not permit the children to play completely outdoors. The entire project is proposed to be completed in two (2) phases: 1. Clear property and build fence, parking lot, soccer field, two (2) western most tennis /basketball courts, and complete open -air pavilion structure (including concession booth, restrooms, custodian room, storage area, and a room for use by the physical education teacher). 2. Build remaining two (2) tennis /basketball courts, and build softball fields on the north end of the site and at the south end of the soccer field. Site Access The parking area will be accessed from Gardens East Drive. The fields, courts, and open -air pavilion will have pedestrian access at three points along the eastern fence; however these facilities will not be open at night when the three entry gates are locked. A wall and fence is being proposed to surround the entire site excluding the parking area. If the proposed neighboring development (Catalina Lakes) is not approved and built, the applicant has the right to continue the chain link fence in lieu of the wall. Walkways Sidewalks are being proposed along the eastern and southern boundaries of the site. The students and teachers from St. Mark's Episcopal School to the east shall use the crosswalk at the intersection of Burns Road and Gardens East Drive to access the site. Lighting The only lights on the site will be those used for security in the parking area and around the open -air pavilion. Signage The specifics of the project's signage has not yet been submitted. The location of a ground sign, however, has been shown on the site plan. The proposed ground sign meets the minimum setback requirement from the property line (15 feet minimum). Landscaping The project proposes the use of 23 Live Oaks (Quercus Virginiana), 66 Cabbage Palms (Saba) Palmetto), 6 Dahoon Holly (Ilex Cassine), 222 Stoppers (Myracanthes Fragralis), 42 Cocoplum (Chrysobalalius lacaco), and 208 Spider Lily (Hemerocallus Latifolia). This landscaping will be located almost entirely along the boundaries of the site. 5 STAFF RECOMMENDATION: All of Staff's comments and concerns have been addressed by the applicant, or are addressed in the recommended conditions of approval. Staff recommends APPROVAL of petition PUD -99 -01 with the following 8 conditions (monitoring entity): 1. Prior to the issuance of the first certificate of occupancy, the applicant shall add two (2) Live Oak trees with a clear trunk of eight (8) feet to the Burns Road median, per the direction of the City Forester. (City Forester) 2. Prior to the issuance of the first certificate of occupancy, the applicant shall add a 24 inch wide Bahia sod strip around the outside of the proposed Ilex shrub, per the direction of the City Forester. (City Forester) 3. The applicant shall maintain the landscape in the medians and road shoulders along Burns Road and Gardens East Drive, which are directly adjacent to the site's property line, and which surround the property respectively. (City Forester) 4. Prior to the issuance of the first certificate of occupancy, the applicant shall relocate 15 of the existing on -site Sabal Palms to different locations on -site, or along the Gardens East Drive road shoulder. The relocation site for these 15 Saba[ Palms must be approved by the City Forester, and will be considered additional landscaping to what is being proposed and shown on the landscape plans. (City Forester) 5. Prior to construction plan approval, lighting and photometric plans shall be submitted and approved for all exterior lighting elements including, but not limited to, building security lighting, landscape highlighting, parking garage lighting, porte cochere or canopy lighting, signage backlighting or uplighting, etc., as well as parking lot lighting. No exterior lighting shall be permitted unless it is approved herein or is subsequently approved administratively. (Planning & Zoning) 6. The applicant shall be allowed to fence the entire playfields, if walls are not constructed on adjacent properties. If walls are constructed on adjacent properties at a later date, the applicant shall coordinate fence removal with wall construction or remove its fence within sixty (60) days of the completion of the walls. (Planning & Zoning) 7. Use of this site shall be prohibited between sundown and sunrise. The applicant may request use of the site during this time by written request to the City; City reserves discretion as to whether said use will be permitted. (Code Enforcement, Public Information Officer) 31 8. Use of this site is limited to the current applicant, its successors and /or assigns. The applicant may request use of the site by other parties through written request to the City. (Code Enforcement, Public Information Officer) PLANNING & ZONING COMMISSION RECOMMENDATION (monitoring entity): This petition was heard by the Planning and Zoning Commission as a workshop at their January 12, 1999 meeting and on April 13, 1999 as a recommendation to City Council. With a 7 - 0 vote, the Commission recommended APPROVAL of petition PUD- 99 -01, a request for planned unit development (PUD) approval of private school playing fields and an associated structure which includes an open -air pavilion for physical education, concession.booth, restrooms, custodian room, storage area, and a room for use by the physical education teacher, with the conditions #1 through #6 proposed by the Growth Management Department (conditions #7 and #8 were added after the April 13th meeting), as well as the following condition: 1. Prior to consideration of approval by City Council, the applicant shall submit plans that show a second egress or ingress/egress for the site at the north end of the parking area, subject to the approval of the City Engineer. (City Engineer) The Planning and Zoning Commission also requested that the handicap parking spaces be more evenly distributed, and that the City Engineers review the feasibility of drainage alternatives. ENGINEERING UPDATE (MAY 3,1999): Assistant City Engineer Tammy Jacobs reviewed the possibility of adding a second ingresslegress to the site (see attachment). Ms. Jacobs had no engineering objections to an additional curb cut to provide better circulation within the parking area, however, she felt that the curb cut should be a "right turn only" egress lane because of the existing median and curvature of Gardens East Drive. City Staff agrees with Ms. Jacobs regarding the second curb cut. Ms Jacobs has also stated that even though the proposed project's drainage plan is permitted by the South Florida Water Management District, the drainage concerns of "downstream" neighbors have also been examined by City Engineering. The City has a meeting with representative(s) from the "downstream" neighborhoods on Thursday, May 6, 1999; the comments and recommendations to the Planning and Zoning Staff and the applicant will be provided at the May 20, 1999 City Council meeting. 7 REVISED STAFF RECOMMENDATION: Staff maintains its recommendation of APPROVAL of petition PUD -99 -01 with 8 conditions (detailed on pages 6 and 7 of this report). g /short: pud9901.cc3 ri 8 May 12, 1999 ORDINANCE 24, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF ST. MARK'S EPISCOPAL SCHOOL FOR REZONING OF 6.1 -ACRES OF LAND LOCATED ON THE NORTH SIDE OF BURNS ROAD, EAST OF ALTERNATE A1A AND WEST OF GARDENS EAST DRIVE, TO A PLANNED UNIT DEVELOPMENT - RESIDENTIAL, IN ORDER TO CONSTRUCT PRIVATE SCHOOL PLAYING FIELDS, COURTS, AND AN ASSOCIATED STRUCTURE; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from St. Mark's Episcopal School for approval for rezoning of 6.1 acres of land located on the north side of Burns Road, east of Alternate A1A and west of Gardens East Drive, to a Planned Unit Development as more particularly described in Exhibit "A" attached hereto; WHEREAS, the 6.1 acre site is currently zoned Planed Development Area (PDA); WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; WHEREAS, the City's Growth Management Department has recommended approval of the planned unit development (PUD) known as the "St. Mark's Playing Fields "; 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 City's Planning and Zoning Commission has reviewed said application and recommended that it be approved with conditions. 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 approves the application of St. Mark's Episcopal School for rezoning of 6.1 -- acres of land located on the north side of Burns Road, east of Alternate A1A and west of Gardens East Drive, as more particularly described in Exhibit "A" attached hereto;. from Planned Development Area, to Planned Unit Development, in order to construct playing fields, courts, and an associated structure to be known as the St. Mark's Playing Fields. SECTION 2. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors and /or assigns: 1. Prior to the issuance of the first certificate of occupancy, the applicant shall add two (2) Live Oak trees with a clear trunk of eight (8) feet to the Burns Road median, per the direction of the City Forester. (City Forester) 2. Prior to the issuance of the first certificate of occupancy, the applicant shall add a 24 inch wide Bahia sod strip around the outside of the proposed Ilex shrub, per the direction of the City Forester. (City Forester) 3. The applicant shall maintain the landscape in the medians and road shoulders along Burns Road and Gardens East Drive, which are directly adjacent to the site's property line, and which surround the property respectively. (City Forester) 4. Prior to the issuance of the first certificate of occupancy, the applicant shall relocate 15 of the existing on -site Sabal Palms to different locations on -site, or along the Gardens East Drive road shoulder. The relocation site for these 15 Sabal Palms must be approved by the City Forester, and will be considered additional landscaping to what is being proposed and shown on the landscape plans. (City Forester) 5. Prior to construction plan approval, lighting and photometric plans shall be submitted and approved for all exterior lighting elements including, but not limited to, building security lighting, landscape highlighting, parking garage lighting, porte cochere or canopy lighting, signage backlighting or uplighting, etc., as well as parking lot lighting. No exterior lighting shall be permitted unless it is approved herein or is subsequently approved administratively. (Planning & Zoning) 6. The applicant shall be allowed to fence the entire playfields, if walls are not constructed on adjacent properties. If walls are constructed on adjacent properties at a later date, the applicant shall coordinate fence removal with wall construction or remove its fence within sixty (60) days of the completion of the walls. (Planning & Zoning) 7. Use of this site shall be prohibited between sundown and sunrise. The applicant may request use of the site during this time by written request to the City; City reserves discretion as to whether said use will be permitted. (Code Enforcement, Public Information Officer) F) 8. Use of this site is limited to the current applicant, its successors and /or assigns. The applicant may request use of the site by other parties through written request to the City. (Code Enforcement, Public Information Officer) SECTION 3. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. May 14, 1999 Site Plan (Architectural), Fanning /Howey Associates Inc., Sheet G1.1 (1 Sheet). 2. January 25, 1999 Site Plan (Elevations, Floor Plan, and Roof Plan), Fanning /Howey Associates Inc., Sheet G1.2 (1 sheet total). 3. March 9, 1999 Landscape Plan, Roy- Fisher Associates, Inc., 1 Sheet. 4. March 11, 1999 Preliminary Engineering Plan (Drainage), Lawson, Noble & Webb, Inc., 1 Sheet. 5. May 6, 1998 Boundary Survey & Topography, Lidberg Land Surveying Inc., 1 Sheet. SECTION 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 20th DAY OF MAY, 1999. PLACED ON SECOND READING THIS 3rd DAY OF JUNE, 1999. PASSED AND ADOPTED THIS 3rd DAY OF JUNE, 1999 MAYOR JOSEPH R. RUSSO COUNCILMAN CARL SABATELLO VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK 3 ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY: VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK g /short:pud9901.or4 ri APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT 4 Exhibit "A" A parcel of lend land located in Section 07, Township 42 South, Rance 43 East, within the municipal limits of the City of Palm Beach Gardens. Palm Beach County. Flor :cc. and being more particularly described as follows: Beginning at the Southwest corner of the plat of THE OAFS - SUN T EFF ACE PLAT as recorded in Plot nook 68, at pages 70 through 73. Public Records of P•-Im Brach County, Florida, said point being the westerly terminus of a line bearing N,.�r'h °8° 5-'1," 'Nest and hovina :i distance of 165.09 feet: Thence North °8° 34'11" 'Nest. along the westerly extensior ;f ;he South line of said plats distance O. _J 7.412 •_2' inence South 1- 005'•i1" East. a 6stane ' of 5554.31 feet to a curve cooneove to `he 'hest. ntivinti a radius of 38G.M feet •end .a central angle of 15° 41'10 ": Thence pro. :e_d along the arc of said curve, a distance of 104.05 feet to the end of ;cic curve; T henc South 01° 35'42" West. oarallel with the West line of said plat, a distance of 125.71 feet to a point on the right-of -way line of Burns Road as described in Official Record Book 61::8. Pace 668. Public Recoms of Palm Beach County. Florida: Thence South 880 43'15" East. along said Right of Way, c distance of 80.45 feet to the point of cur•,•;;ure of curve concave to the .North, hcvina a radial becrina of North 01° 16'45" East. c r:cius of 1.617.15 feet, and a central ana!e of 6° 48'15`': Thence proceed Easterly o!cng tie arc of said curve, a Cistance of !92.05 feet to the end of scid curve: Thence North 34' 28'30" East. a distance of 73.18 feet to a point on the Westerly richt of w:v line of G.:rdens East Eorive, as described in Official Record Book 6709, Pace 1410, Public F=cords of r =lm Beach County. Florida: Thence North 35° 12'27" East. along scid Right of W-3y, a distance of 17.01 feet: Thence North 14° 05'44" West. continuing alone scid Right -:f -:2v, a distance of* 136.85 feet: Thence North i0° 25'21" West. continuing cicng said r-iakt of Way, a distance of 325.01 feet to the point of curvature of a curve concave to the Ecs', having a radial becr:nc of North 79° 34'40" East, a radius of 4,30.00 feet. end c central anale of 3_° 11'50 ": Thence proceed Northerly along said Fight of 'Nay and the arc of scid curve. a distcnee of 231.76 feet to the end of scid curve, said point lying on the Westerly line of said plot of THE OAKS - SUN TERRACE PLAT 3. Thence North 140 05'44" 'Nest. along said plat line, a distance of 52.10 feet to e point on the South lir-? of said plat of -HE OAKS - SUN TERRACE PLAT 3: Thence North 88` 31' ; -' West. clona said South line. a distance of 165.05 feet to the POINT OF 2EG.NNING of the herein described parcel. Containing in oil 6.10 acres, more or less. MAY -03 -1999 14:49 L-BF&H - STUART 561 266 3925 P.02/e2 LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS. SURVEYORS & MAPPERS MEMORANDUM TO: Kim Glas FROM: Tammy Jacobs DATE: May 3, 1999 Ga1de�5 MaNARiMEN� SUBJECT: St. Mark's Episcopal School Playing Fields (LBFH File No. 994027) In response to the direction from Planning & Zoning Staff that was derived from the Planning & Zoning Commission for engineering to evaluate an additional curb cut along Gardens Fast Drive, we offer the following comments: 1) We have no engineering objections to an additional curb cut along Gardens East Drive in order to provide better circulation within the proposed parking lot. We do however, recommend limiting the additional curb cut to a "right turn only' egress lane due to the existing median and curvature of Gardens East Drive. In response to the direction from Planning & Zoning Staff that was derived from the Planning & Zoning Commission for engineering to evaluate the concerns of the "downstream" neighborhoods, and if appropriate, examine alternatives to the proposed stormwater system with representatives from the "downstream" neighbors and applicant, we offer the following comments: 1) We have received written correspondence from the "downstream" neighborhood and undertaken preliminary examination of the issues and conducted a record search of the City's and SFWMD's files. The City has scheduled a meeting with representatives) from the "downstream" neighborhood(s) for Thursday, May 6, 1999. We will offer comments and recommendations to the Planning & Zoning Staff and the applicant when the meeting is concluded and we have evaluated their input. TJ P: iPBOMEMpt4027g.doc C: Bobbie Herakovich Roxanne Manning -- 3550 S.W. CORPORATE PARKWAY • PALM CITY, FLORIDA 34990 • (5611266 -3883 • FAX. (58 1) 286 -3925 http:/Avw.Y-Ibfh.com • e-mail: into6b(hcom rALM CRY WEST PALM BEACH FCXtT PIERCE OICEECHOHEE TOTAL P.02 V01aO13 'SN308VO IOV38 Wltld °i °H' --,) °tTi !-d 'a ''d{!4�"v lno .kvl o- oul S�}EI�OSS� ,� �< <'�O 10OH3S WdOOSid3 r .°........... f.I18Yat '1B I • NV'W min MI cr J a = w � a Wp� � � C � m z i O 11 S w " 0" a >Z J • 114=3 W • ° . r a 0 F_ � � 0 . CL 1 SU U Ie k >i a i a s 040 e fit � N O N ie • °t W a1 I W = -ol elm ZZW FN3r � a Z d a � l fill 4 0 t i E o ° aaoaaaNp maaao a QVOU SNUOS will I �� J ItQ ti I Ify lea I. J� IY 1 a 0 W ONINNVLI 26� rzi �Za ti i I ij o= �N� auad 6661 9V:89:21 bi AN !JJ 9M0' 1 -i6 \00'££096\ =( CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: May 20, 1999 Date Prepared: April 20, 1999 Subject/Agenda Item: Workshop /First Reading Petition TXT -99 -07 Sign Code Revisions, by City of Palm Beach Gardens staff, to amend the City's Land Development Regulations to provide minor revisions to chapter 110 entitled "SIGNS ". Recommendation /Motion: Staff recommends approval of Ordinance 25, 1999 Reviewed by: 6'�K" )*v' Originating Dept.: Costs: $ 0 Council Action: GW? co'" wf+ s Total City Attorney Growth Management [ ] Approved Finance N/A !tn/ $ 0 [ ] Approved w/ conditions ACM � vll(f1 Current FY [ ]Denied Human Res. N/A Advertised: Funding Source: [ ] Continued to: Attachments: Other N/A Date: [ ] Operating Paper: [ x ] Not Required [ ] Other N/A Ordinance 25, 1999 Submitted -jam Growth Management parties Budget Acct. #:: Director [ ] Notified [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: Staff is requesting that the City amend its Land Development Regulations to allow for minor amendments to chapter 110, entitled "SIGNS ". These amendments were initiated in association with the non - conforming sign requirements of section 110 -3, which calls for the replacement of signs not conforming with the requirements of the 1990 amendments to the sign code. The implementation. of the section 110 -3 required improved definition of some language and clarification of staff interpretation. Also, the workload associated with the non - conforming sign implementation has required the shifting of the variance procedure responsibility from the City Clerk's office to the Department of Growth Management. This is also reflected in the proposed revisions. Separate from the non - conforming sign procedures, the LDR "glitch list" procedure also identified some minor revisions proposed for the sign code. These have been incorporated into this revised draft. The following summarizes various issues within the sign code affected by revisions: . Agenda Cover Memorandum Page 2 May 20, 1999 (1) New definitions: Directly accessible, Principal tenant, Primary entranceway, Floor line, Entry feature, Perimeter wall. (2) Maximum flagpole height and flag area size. (3) Sign lighting mechanism restrictions: Backlighting and internal lighting only. (4) Non - conforming sign exemption: signs on second floor commercial, residential signs, and signs within a PCD. (5) Side property line setback exemption for corner lots. (6) Clarification of height restrictions and area maximums for building /major tenant wall signs: 4 " Floor line maximum and 90 square feet respectively. (7) Maximum height for building /major tenant wall signs: 36 inches. (8) Sign variance processing responsibility: transfer from City Clerk to Department of Growth Management. (9) Exempting existing signs made non - conforming by the proposed revisions. The intent of chapter 118 "SIGNS" is to "create a legal framework for a comprehensive and balanced system of signage to facilitate an easy and pleasant communication between people and their environment and to avoid the visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities and community appearance." It is the intention of these sign code revisions to give staff greater ability to achieve the goals set forth in the chapter's intent and purpose. At its April 13, 1999 meeting, the Planning and Zoning Commission held a public hearing for this petition and unanimously recommended approval with the following changes to the draft language: (1) These revisions will create additional nonconforming signs. This was not the intent of the sign code revisions. Staff should develop some language grandfathering existing signs which would be affected by these revisions. Staff is proposing an additional subsection, 110- 4(b)(4): Existing signs made nonconforming by minor sign code revisions adopted by City Council on (date of adoption). (2) If only backlighting is to be permitted for all signs located within residential districts, then lettering on residential entry features would need to be backlit and could not be lit by surface wall wash lighting. Staff is proposing language which exempts lettering on entry features and perimeter walls within residentially zoning districts from the requirements of this chapter, ._ subject to Growth Management Department approval. (3) Placing the height limit for wall signs at `floor line "or below may be too restrictive. Agenda Cover Memorandum May 20, 1999 Page 3 Allow for a 3 foot extension above the floor line to allow for greater flexibility for sign placement. Staff has added language to section 110 -37 to allow for this additional height. GAShort Range\txt9907.cc.stl.wpd April 21, 1999 ORDINANCE 25, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE PALM BEACH GARDENS CODE OF ORDINANCES BY ADDING SECTIONS 110 -1, DEFINITIONS, AND AMENDING SECTIONS 110 -3, SECTION 110 -4, SECTION 110 -36, SECTION 110 -37, SECTION 110 -38, AND SECTION 110 -72; PROVIDING FOR CODE REVISIONS TO ALLOW FOR NEW DEFINITIONS, MAXIMUM FLAG POLE HEIGHT AND FLAG AREA, SIGN LIGHTING MECHANISM RESTRICTIONS, NON - CONFORMING SIGN EXEMPTIONS, SIDE PROPERTY LINE SETBACK EXEMPTIONS, CLARIFICATION OF HEIGHT AND AREA RESTRICTIONS FOR WALL SIGNS, PROVIDING FOR MAXIMUM LETTER HEIGHT, AND TRANSFERRING RESPONSIBILITY FOR PROCESSING SIGN VARIANCE APPLICATIONS FROM CITY CLERK TO GROWTH MANAGEMENT DEPARTMENT; PROVIDING FOR A REPEAL OF ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council desires to amend the section of the Code of Ordinances regulating signage:. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Section 110 -1 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby added to read as follows (added words underlined; deleted words iii uin . Sec. 1104' Directly accessible means having an entrance from any retail space, industrial bay, office space or similar space directly to the exterior of a building. Spaces located off of common lobbies, interior ground floor hallways or on floors above the ground floor shall not be considered directly accessible to the exterior of a building. Entry feature means a primarily masonry structure located at the ingress point to a development which contains certain decorative features such as landscaping, planters, rock formations, water features, or other details as to provide for aesthetic improvements to a development entrance.. Floor line means the separation between two floors of a multi - story building, where the story indicated is entirely above the floor line. For example, the fourth floor line is the separation between the third and fourth floor, the first floor line being grade level Perimeter wall means a primarily masonry structure surrounding all or a portion of i development, parallel to and/or abutting property lines. Principal tenant means an occupant of either the entire building or a portion of a building identified specifically at time of sign construction by developer to be the principal tenant. Primary entranceway means a paved facility, including parking areas, sidewalks, plazas, and courtyards, which provide vehicular and/or pedestrian access to a building entrance. SECTION 2. Section 110 -1 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words ,_ Sti uC.a). . Sec. 1104 2. Intent and purpose. The purpose of this chapter is to create the legal framework for a comprehensive and balanced system of signage to facilitate an easy and pleasant communication between people and their environment and to avoid the visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities and community appearance. With these purposes in mind, it is the intent of this chapter to authorize the use of signs, provided they are compatible with their surroundings, appropriate to the activity that displays them, expressive of the identity of the individual activities and the community as a whole, and legible in the circumstances in which they are seen. (Code 1987, § 155.01) SECTION 3. Section 110 -2 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words sii ut.k): Sec. 110 -2 3. General regulations and restrictions and prohibitions. (a) No off -site or off - premises signs shall be permitted under this chapter, unless otherwise permitted in this Code. All sign copy shall refer to the property on which the sign is located, except as permitted elsewhere in this Code. (b) Only passive -type signage shall be permitted. No surface movements; murals; flashing lights; flashing or moving messages; bright, flashing colors; changeable sign copy, except where expressly permitted; extruding figures; bunting; awnings with names /advertising; flags, except as Page 2 expressly allowed; waving; fluttering; or any device to attract attention shall be allowed within the city. Flags, with a total of three maximum, shall be allowed. Flags shall be limited to one each of the following: governmental, religious, and corporate. Flags may be affixed to a maximum of three poles, no greater than one flag per pole. The maximum height for flagpoles shall be 25 feet. The maximum area size for a flag shall be 48 square feet (c) No sign or device which displays signage shall be allowed on city property or rights -of -way within the city unless specifically authorized by a resolution or an ordinance of the city council. Other governmental entities which have jurisdiction and/or control of public right -of -way may install signs thereon which are under their jurisdiction. Any signs that are not authorized on such rights -of -way shall be immediately removed by the city, and the costs of such removal shall be borne by the parties responsible for the installation thereof. (d) Only backlighting and internal lighting or per.—.crtly flxcu u:.0 c:�crscu cc lig: tir, ILLVJLI.l U%.IJLVVV t ., aisii SUL ucc ;hall be permitted for all ground or flat/wall signs. Open neon sign illumination is permitted within a building, provided it is not visible from the public right -of -way. Only backlighting shall be permitted for signs located within residentially districts. (e) The message on a ground sign or flat -wall sign may be used to identify a building or major tenant with the maximum amount of such sign messages not to exceed any three messages on any one sign. (f) All lettering, logos and other such identification markings on signage shall be permanent and not interchangeable, except where specific exception is permitted in this chapter. (g) A building can be identified with both a ground sign and a flat -wall sign on property with a minimum of 300 feet on a public right -of -way. If there is more than one building on the property, each building will be allowed one flat wall sign meeting the requirements of this chapter. (h) No sign facing residential property or property zoned residential shall be allowed within 100 feet from the sign face to a property line of residential property. (i) Roadside mailboxes or residential building identification, displaying the name or property occupant and/or street address will be an exception to the requirements of this chapter. Further exceptions from the requirements of this chapter are signs barring peddlers, indicating security such as burglar alarms, barring solicitors, or "beware of bad animal" signs. Such signs must be placed at the entrance of the building or fenced area at entrance. 0) Business motor vehicles containing logos or business addresses and names painted or embossed on vehicle surfaces, when otherwise permitted or required by law, shall be excepted under this chapter. Page 3 (k) No sign shall be erected, constructed, or maintained so as to obstruct any fire escape or any window or door or opening used as a means of ingress or egress so as to prevent free passage from one part of a roof to any part thereof. No sign shall be attached in any shape or manner to a fire escape or be placed in such manner as to interfere with any opening requirement for legal ventilation, nor shall a sign be erected in a location or at a street intersection or in any street right -of -way so as to obstruct free and clear vision or obstruct the view of or be confused with any authorized traffic sign or device by vehicular traffic. (1) Lettering conveying the name of a residential development affixed to perimeter walls or entry features shall be subject to approval by the Growth Management Department. (Code 1987, § 155.03; Ord. No. 1- 1997, § 10, 2- 20 -96) SECTION 4. Section 110 -3 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words S i uc k* Sec. 1104 4. Nonconforming signs. (a) Every sign lawfully erected within the city on the effective date of the ordinance from which this section derives and which is a type of sign not permitted in this chapter may be continued until January 7, 2000 except as follows: (1) No such sign may be enlarged or altered in any way unless to bring it into conformity. (2) If a nonconforming sign is destroyed by any means to an extent of 60 50 percent or more of its replacement costs at time of destruction, it shall not be reconstructed except in conformance with this chapter. (3) If a nonconforming sign is removed for any reason, other than maintenance or name change of occupant, from its location and reinstalled, the sign shall conform to all requirements of this chapter. (b) Upon expiration of the time period stated in subsection (a) of this section, such affected sign shall be immediately removed. Exemptions are as follows: (1) Signs which have been specifically approved by a PUD, PCD or Site Plan within a PCD. (2) Existing flat wall signs located below the third floor line or roofline on two -story of cc buildings shall be allowed to remain indefinitely; however, subsections (a)(1), (2), and (3) shall apply. Signs located within residentially_ zoned districts which indicate the name of a residential subdivision or development. �4) Signs made nonconforming by sign code revisions adopted by City Council on (date of adoption). Page 4 (c) Any permanent sign existing on property annexed into the city, not permitted under this chapter, but lawful at the time of annexation, shall be removed from the premises upon which the sign is erected within six years from date the city comprehensive land use plan is adopted pertaining to such premises. or s —v—%—,J—LL y�u:s uvlil : fi iivi uutc of 1114 V1U111CL/1VV -r-__ _;L_-_L JVVIl Vll UVll VI�J, Ulir/t.11U111�, VV111 11 lllllli r 13 J11U11 VV 1V11 ,or. Temporary signs located on property annexed into the city, which are not sG pcl:ll: Lcu in compliance with this chapter shall be removed within 60 days from date the city comprehensive land use plan is adopted pertaining to such premises. L«,...,. th— , —, — FaL.. 111/111 lllV lillliV llV� ""L%.. Vl lllV Vl UlllculVV 11 VIII W111 V11 L111J JtltJ l.1V11 U1�11V4J. (d) The time periods provided in this section are for the purpose of amortizing the costs of a sign and any property rights created prior to the effective date of the ordinance from which this section originally deriveds by virtue of lease of location and/or sign space. JVVl1V11 Uc11 V IJJ. (Code 1987, § 155.04) SECTION 5. Section 110 -4 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words s u uteri): Sec. 110 -4 5. Display of obscene matter prohibited. It shall be unlawful for any person to display upon any sign or other advertising structure any obscene, indecent, or immoral matter which violates this Code or the laws of the state. (Code 1987, § 155.05) SECTION 6. Section 110 -5 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words Su uGn ). Sec. 110 -5 6. Permits required, fee and revocation. (a) It shall be unlawful for any person to erect, repair, alter, relocate or maintain within the city any permanent sign defined in this chapter without first obtaining a permit from the building department and making payment of the fee required by section 86 -28. All illuminated signs shall, in addition, be subject to the electrical code, and the permit fees required thereunder. (b) The building official is authorized and empowered to revoke any permit issued upon failure of the holder thereof to comply with any provision of this chapter. (Code 1987, § 155.06) Page 5 SECTION T Section 110 -6 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words sti--tick): Sec. 110 -6 7. Maintenance, inspection. All signs for which a permit is required, together with all their supports, braces, guys, anchors, and plastic faces, shall be kept in repair and, unless constructed of galvanized or noncorroding materials, shall be thoroughly painted once every two years or as often as the building official may deem necessary based on the condition of the sign. The building official may order the removal of any sign that is not maintained in accordance with this section. The removal shall be at the expense of the owner or lessee. The building official shall reinspect all signs erected within the city as often as he deems necessary. No fee shall be required for reinspection. (Code 1987, § 155.07) SECTION 8. Section 110 -7 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words suucn ). Sec. 110 -7 8. Design requirements. (a) All permanent signs shall be designed and constructed to withstand all loads and design factors of the city as prescribed by the building code for the city. (b) The building official shall require sufficient design data, when deemed necessary, to determine whether the sign complies with the applicable codes of the city. All permanent ground signs eight feet and above grade shall be certified by a state engineer, who shall submit sufficient design data to enable the building official to determine whether the sign complies with the applicable codes of the city. (Code 1987, § 155.08) SECTION 9. Section 110 -8 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words ,_ su urn). . Secs. 110 -8 9 -- 110 -35. Reserved. ARTICLE II. PERMANENT SIGNS SECTION 10. Section 110 -36 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words ,_ . ., stiuca). Page 6 Sec. 110 -36. Ground signs. (a) Any property with at least 300 feet of a property line abutting a public right -of -way shall be allowed a ground sign. An additional ground sign shall be allowed for each additional 700 feet of public right -of -way. The frontage of two or more public streets shall be additive to compute frontage. (b) A ground sign structure shall not exceed ten feet in overall height above the centerline of the adjacent roadway nor shall it exceed 15 feet in length. A maximum of 60 square feet per sign and no more than two faces per sign structure shall be allowed. (c) Ground signs shall be placed no closer than 15 feet from the front property lines and side property lines adjacent to a public right -of -way or 50 feet from the side property lines not adjacent to a public right -of -way. A ground sign shall be erected in a landscaped area. The landscaped area shall be equal to no less than the height of the sign in all directions from the sign face and front end and a minimum of three feet from the rear of the sign. The area shall be planted with appropriate vegetation and automatic irrigation by the property owner and shall comply with chapter 98. (Code 1987, § 155.09) SECTION 11. Section 110 -37 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words ti uGn). Sec. 110 -37. Flat /wall signs (a) Buildings located on a site which has at least 100 feet of property line on the public right -of -way shall be allowed one flat/wall sign for identification. (b) A flat/wall sign installed on a building, which identifies the building or one principal tenant, shall be parallel to the surface of the wall on which it is painted or attached and shall not project more than 12 inches from such wall surface. The total area of the sign face shall not exceed three percent of the face area of the elevation below the fourth floor line or 30 feet above the centerline of the adjacent street, whichever is less. :c a cu Gi c ;isrl u; c l�luy he 111 1� cw� U vvv .... F�.. ,.,...L, ,..l a:a: ,.....,.1 C r ,.� ,.F ,.,.4-1..,.,.1. 4r--- 4.1-,. ._ ,...ti. 1:... ,. -4r41-- YVlNC11L 1V1 lJach Caddi11V11C11 JV AA ct of J\ Ltjac � 11V111 ul\. PrGP411�' vi Lllli lllilulii\ilu requi...1 C.,« x1.,.._.,.11 .. ,._. __.1.:,.1. at... _ - ,. 1:...7 Tl........ -L-11 -. rcd /vl ul�, vvuu uYvll vvlu�.11 Ill%i also aJ "FFII .u. lll\J 111"Allllulll aisil %.:iu iil�.iic.aai. Jllull ilvL, :, c cr, c�cccu sc v cll pc.ccllt ar u tctul sign aicu cf tell pc.ccilt. The total area of the sign face shall not exceed 90 square feet. Sign letters shall be no larger than 36 inches in height. Signs shall not be located more than three feet above the fourth floor line or above the building parapet, whichever is lower. (c) In addition to the ground and/or flat/wall sign which indicates the purpose of the building, Page 7 an occupant of a portion of a building whose space is directly accessible from the exterior of the building at ground level is allowed one flat/wall sign for each elevation facing a public right -of -way and/or the primary entranceway, not to exceed two face elevations. Such flat/wall signs shall not exceed five percent of the gross area of the described elevations of the tenants' space. Signs shall not be located higher than the second floor line or top of the parapet of a one -story building. All such signs shall be of uniform type, color, material, shape, or style; letter height shall not exceed 24 inches, maximum two lines of copy. M\ �.uuiui� i ...a«. — :„ «. a1,,11 _ vF +LO,.. O+_1. cwi L.:i�`Luc ++. i,_7 ')A : «„L.1%,cwi L.YF%, 01� iiuu v%, i ui%, cuu%, cyL�,, ivc w u cz iu� iiw, iiiuriiiiii;uu cvvv tiu%,J vi t,vYj'. (d) In addition, a window sign not to exceed five percent of the gross glass area of elevation may contain the name of the occupant, hours of business operation, open/closed designations, credit card designations, and telephone numbers shall be permitted, and 15 percent of the gross glass area of elevation may further be used for the specific advertising of goods and services, not to exceed 100 square feet. Materials utilized in signage comprising the 15 percent allowable area for goods and services must be of a permanent nature. Use of cardboard or paper materials temporarily affixed to the glass is prohibited. (e) Menu sign. A menu sign is a temporary sign used to inform the public of the list of dishes or foods available in a restaurant along with the corresponding prices. A window menu must be framed or matted and its area will not be applied toward the 15 percent of the gross glass area. The sign may also indicate if the restaurant is open and list the hours of operation of the restaurant. (1) One menu sign is allowed for each restaurant. (2) The sign shall not exceed four square feet in area. (3) The sign shall be enclosed in a casing attached to the building. The casing design and color shall be architecturally compatible with the building design and color. The casing shall extend no more than two inches in depth away from the wall to which it is attached, which shall be the owned, rented, or leased premises. (Code 1987, § 155.10) SECTION 12. Section 110 -38 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words sti uck): Sec. 110 -38. Directional signs (on site). (a) A maximum of one double -faced sign of no greater than four square feet on face or higher ._ than four feet above the adjacent paving Vr cac a til0ii1--cu cu.L cat shall be allowed for each Page 8 building to direct traffic tc. UA1y building on the property. In addition, one exterior menu sign shall be allowed for a drive- through restaurant with a maximum height of five feet and maximum area of 20 feet which shall be landscaped in compliance with chapter 98. Such sign shall be no further than 100 feet from the building which contains the facility. Signs may be illuminated by internal lighting only and shall be placed in a landscaped area. (b) As required for safety, "exit only" and "entrance" signs, no greater than four square feet and no higher than three feet above the adjacent paving, with a maximum of two faces shall be allowed to encourage or prohibit entrance to a property through each established curb cut. The sign shall be allowed no closer than two feet from the property line. The sign may be illuminated by internal lighting only and shall be placed in a landscaped area. The landscaped area shall comply with the requirements of chapter 98. (Code 1987, § 155.11) SECTION 13. Section 110 -72 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words ,_ . strucri). Sec. 110 -72. Variances. (a) Recognizing that the strict application of the requirements of this chapter may work an undue hardship on certain applicants, variances from the strict application of this chapter may be granted by the city council. The hardship shall not be economics or natural obstructions on adjacent lands, but shall be a hardship whereby an applicant cannot reasonably enjoy and utilize the intended benefits provided in this chapter. Procedures for obtaining a variance are as follows: (1) A written petition for such variances shall be filed by the owner of the sign in question with the city c:crk growth management department, and the city council shall conduct a hearing on the petition within 45 days of the filing cf c date of filing, providing all information required by the city council growth management department l c . Ut%, G1,,. VV 1U1111J114U U�' tllli �JV Ll 11V 11V1. (2) The petition shall be signed by the petitioner under oath and shall contain sufficient information accompanied by a drawing whereby the city council can render a decision thereon. Only one variance request shall be contained in a petition. (3) There shall be an initial filing fee, on file in the city cicrk's growth management department office, required for each petition filed, which fee shall be paid by the petitioner upon filing of the petition with the city c1c:k growth management department. The petitioner shall pay for all legal advertising costs, including postage ._ to mail notices to landowners affected by the variance, unless otherwise specified in Page 9 subsection (a)(6). (4) Prior to any hearing conducted by the city council, if the sign in issue is located in a shopping mall or a shopping center as defined in this chapter, all lessees located therein and the owner thereof together with all landowners within 300 feet of the parcel of land on which that shopping mall or shopping center shall be located shall be notified in writing as directed by the city cicrn growth management department by United States mail of the pending variance petition, together with the date, time and place of public hearing on such, at least ten days prior to the hearing. (5) If the sign in issue is not located within a shopping mall or shopping center, all landowners within 300 feet of the parcel of land on which the sign in issue is located shall be notified as directed by the city cicrk growth management department as required in subsection (a)(4) of this section. If a condominium shall be involved, notice to the president or secretary of the condominium association will constitute notice to all landowners therein. (6) In addition to the notice of the variance requested, the date, time and place of public hearing thereon by the city council shall be published in a newspaper of general paid circulation within the city at least 15 days prior to the hearing. The lessees and landowners entitled to receive notice shall be determined by the city clerk growth management department. The initial filing fee shall be the total fee when no more than ten landowners or lessees shall be entitled to notice; the filing fee shall be increased for each additional five landowners or lessees or fraction thereof. (7) Three members of the city council shall constitute a quorum, and the concurring vote of three members shall be required to grant a variance to this chapter. (8) The city council shall have the authority to request any information it may deem necessary to properly reach a decision on a petition, including the presentation of expert testimony at the expense of the petitioner. (9) The city council shall not conduct a hearing on any petition until all filing fees are paid and required public notice is complied with as directed by the city cicrk growth management department. Approval or disapproval of a requested variance shall be by resolution of the city council. (b) Exceptions and requirements. (1) The city council may make and grant exceptions to the requirements of this chapter in a planned unit development, or site plan within a planned community district at time of adoption or by an amendment thereto by subsequent resolution or ordinance. Page 10 (2) The city council may vary the size, setback requirements and amount of signs permitted, provided the council finds that the general intent and purpose of this chapter is met. (3) The only exception allowed for the use of a prohibited sign in a planned unit development shall be when the development does not front on a state or county arterial right -of -way. (4) Based upon the above, the developer may erect one off -site double -faced sign not to exceed 32 square feet containing only the name of the project and directions thereto. The maximum height of the sign shall not exceed five feet above the crown of the road. The lighting may be allowed as prescribed by the city council based upon the effect of illumination on the general surrounding area, traffic safety and reasonable visibility for the purpose intended. (5) The city council may grant such variance by resolution without the intervention of the planning and zoning commission and publication in a newspaper of general circulation. The sign shall be removed by the owner upon termination of the time period allowed. The city shall have the right to remove the sign upon the owner's failure to do so, at the cost of the owner. (6) The intervention of the planning and zoning commission and newspaper publication of public hearing or approval for an amendment shall not be required. (Code 1987, § 155.18) SECTION 14. All ordinances and resolutions of the City, or any part thereof, which are in conflict with this ordinance are hereby repealed. SECTION 15. Should any section or provision of this ordinance, or any portion, paragraph, sentence, or word thereof, be declared by a 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 16. The City Clerk is hereby directed to ensure that the contents of this ordinance be codified as part of the City Code of Ordinances. SECTION 17. This ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF Page 11 '1999. 1999. 1999. MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO COUNCILMAN CARL SABATELLO COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER, CMC, CITY CLERK SUFFICIENCY. VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK G: \Short Rang6sign.rev.ord1fim Page 12 CITY ATTORNEY AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date:. May 20, 1999 Date Prepared: April 21, 1999 Subject/Agenda Item: Workshop /First Reading Petition TXT -99 -08 Non - Conformities revisions, by City of Palm Beach Gardens staff, to amend the City's Land Development Regulations to provide revisions to Article VIII entitled "NONCON FORM ITIES ". Recommendation /Motion: Staff recommends approval of Ordinance 26, 1999. Reviewed by. : �R �t Originating Dept.: Costs: $_0 Council Action: G.o►*�w tMfs Total City Attorney Growth Management [ ] Approved Finance N/A / $ 0 [ ] Approved w/conditio "5 ��_ IAN Current FY ACM [ ] Denied Advertised: Human Res. N/A Funding Source: [ ] Continued to: Attachments: Other N/A Date: [ ] Operating Paper: [ ] Other N/A Ordinance 26, [ x ] Not Required 1999 Submitted by �� Growthnae emenf Affected parties Budget Acct. #:: Director [ ] Notified [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: Staff is requesting that the City amend its Land Development Regulations to allow for amendments to article VIII, entitled "NONCON FORM ITIES ". The intent of article VIII "NONCONFORMITIES" is to address the issues which may occur due to lots, uses, structures or buildings, and use of premises or structures and premises in combination, which, due to their age no longer conform with current code requirements. Staff was directed to amend article VIII so that property owners with nonconformities on their site could amend or even expand their use, so long as the City was able to protect the public safety, health and general welfare of city residents. The intent of these amendments is also to provide incentives for owners of older properties to rehabilitate them. The proposed amendments intend to achieve this intent. A summary of the proposed amendments to article VIII is as follows: Agenda Cover Memorandum May 20, 1999 Page 2 (1) Provide definitions to more adequately address what constitutes a nonconformity. (2) Allow for alteration, expansion or maintenance of a nonconformity, so long as the property owner can demonstrate that they are improving the site, subject to the criteria set forth in this proposed amendment and subject to the approval of city staff and /or City Council. At its April 13, 1999 meeting, the Planning and Zoning Commission conducted a public hearing on the proposed revisions and had no discussion. The Planning and Zoning Commission unanimously recommended that the proposed amendments be approved. GAShort Range \txt9908.cc.st1.wpd May 10, 1999 ORDINANCE 26,1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE PALM BEACH GARDENS CODE OF ORDINANCES BY AMENDING ARTICLE VIII, NONCONFORMITIES SECTION 118 -611, 118-612,118-613, 118 -614, 118 -615, 118 -616; PROVIDING FOR CODE REVISIONS TO ALLOW FOR NEW DEFINITIONS; PROVIDING FOR CRITERIA FOR NORMAL MAINTENANCE, ALTERATION OR EXPANSION, RELOCATION, AND RESTORATION OF NON- CONFORMING STRUCTURES OR BUILDINGS, NONCONFORMING USE OF PREMISES OR STRUCTURES AND PREMISES IN COMBINATION; PROVIDING FOR A REPEAL OF ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND, PROVIDING FOR AN EFFEC'T'IVE DATE. WHEREAS, the City Council desires to amend the section of the Code of Ordinances regulating nonconformities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Section 118 -611 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words st ack). Sec. 118 -611. Intent of article. Where there exists lots, structures, premises or uses of land within the districts established by this chapter which were lawful before August 18, 1994, but which would be prohibited, regulated, or restricted as of August 18, 1994, these lots, structures, or uses may continue as legally nonconforming lots beyond seven years from August 18, 1994, provided the city council determines that the existing nonconforming lot, structure, or use is compatible with surrounding properties. The city council may require modifications to the property or impose conditions upon the nonconforming lot, structure, or use to bring it more into compliance with the comprehensive plan and land development regulations. /1..\ TR.........,...... .,. ....,.:�:,.,......,. .. a:.....,. ,.,. 1,.,..,,11_. — _...,.:...,_ 1_. _ 1..._......,1 ,. .. �.,... kvj 1111Jl 11V111 V111VL1u1114J 111uy vuuuu� uJ a..Suiiy iiviiiviuv11111uE, Ivw v%.yvuu J%.viia jv"La Livill A ..._,...4 1 O 1 nnA : a..a 4L,,. :4_, -­--:1 a..4.. «...,. : «.... 41,.,4 +L,,. „ :,,4: «,_ « «F,......,.: « 1.,4 fxur'LLJL 1V, 1 / /T, FIVV'LL.LL,U L11L. V,1Ly IJVLli1N11 L. 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The failure of a lot, premises or structure or any combination thereof to comply with one or more of the following standards established in this chapter: (1) minimum building site area and width (2) minimum building setback (3) maximum building lot coverage maximum building height �5) maximum floor area ratio (6) minimum open space (7) other maximum and minimum limitations. Nonconforming structure or building. Structure or building which, by reason of dimensional nonconformity, fails to comply with a provision of this chapter. Nonconforming use of structure and premises in combination. A structure, building, site element, lot or dimension of land, or any combination thereof, which was not prohibited when commenced or constructed but which fails to meet the requirements of this chapter. 2 Nonconforming premises. A premise which is nonconforming to the present requirements of this chapter due to non - structural site elements, including, but not limited to the following: (1) Required parking and loading spaces; (2) Required dumpster or other trash receptacle space; (3) Vehicle stacking requirements; (4) Required access lanes (5) Required screening, landscaping and related site improvements; (6) Pedestrian circulation requirements; (7) Required signs; (8) Required lighting; or (9) Other site improvement requirements Sec. 118 -613. Nonconforming lots of record. Where a lot of record exists which was platted and recorded in the office of the clerk of the circuit court of the county prior to August 18, 1994, and which lot does not conform to the lot area or width requirements for the zoning district in which it is located, the lot may be used for any use permitted in district, provided all other density and land development regulations are met. Such lots must be in separate and not of continuous frontage with other lots in the same ownership. Further, no use that requires a greater lot size than the established minimum lot size for a particular district is permissible on a nonconforming lot. (Code 1987, § 159.121) Sec. 118 -614. Nonconforming uses of land. Where, on August 18, 1994, or on the date of amendment of this chapter lawful use of land exists and such use would no longer be permissible as of August 18, 1994, such use may be continued for a period of seven years from August 18, 1994, so long as the use otherwise conforms with this chapter, subject to the following: (1) No nonconforming use shall be enlarged, increased, or expanded to occupy a greater area of land than was occupied on August 18, 1994. No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use_ (2) No nonconforming use shall be moved in whole or in part to another portion of the lot or parcel occupied by that use on August 18, 1994. (3) If any nonconforming use of land ceases for any reason for a period of more than six consecutive months, any subsequent use of the land shall conform to the regulations for the district in which the land is located. (Code 1987, § 159.122) Sec. 118 -615. Nonconforming structures or buildings. Where a lawful structure, building or improvements existed as of August 18, 1994, such that it cannot now be built pursuant to this chapter by reason of restriction on dimensional characteristics of the structure or building, the structure or building may be continued so long as it remains otherwise lawful, subject to the following: (1) Normal maintenance. Normal maintenance or repair to permit continuation of a nonconforming structure may be performed in any period of twelve consecutive months, as well as repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding twenty percent (20 %) of the current assessed value of the structure. Alteration or expansion. A nonconforming structure or building may be altered or expanded subject to approval of the Zoning Board of Appeals (ZBA). In making such a determination, the ZBA must find that the alterations and expansions provide for all of the following: a. Reduce the impact of the nonconformity; b. Do not create additional structures or uses prohibited in the Zoning District. C. Shall not incur a cost in excess of 50% of the value of the structure or building within a 12 month period. (3) Relocation. A nonconforming structure shall not be moved, in whole or in part, to another location on or off the parcel of land in which it is located, unless it conforms to the standards and requirements of the Zoning District in which it is located (4) Damage and Restoration of nonconforming structures or buildings. If such structure or improvement is destroyed by any means to an extent of 50 percent or more of its appraised value, it shall not be reconstructed except in conformity with this chapter Sec. 118 -616. Nonconforming use of premises or structure and premises in combination If a lawful use of premises or a structure and premises in combination, exists on August 18. 1994 that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful and meets all other land development regulations subject to the following: (1) Normal maintenance. Normal maintenance or repair to permit continuation of nonconforming premises or structure and premises in combination may be performed in any period of twelve consecutive months, as well as repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding twenty ._ percent (20 %) of the current assessed value of the structure. 4 (2) Alteration or expansion. Nonconforming premises or use of structure and premises in combination may be altered or expanded upon approval of the Zoning Board of Appeals (ZBA). Such alterations or expansion shall be found by the 7BA to: a. Reduce the impact of the nonconformity, except where the increase of certain nonconformities reduces the impact of another nonconformity found to have. a greater negative impact on the public health, safety, and general welfare. b. Do not create additional premise features or structures and premises in combination prohibited in the Zoning District. C. Shall not incur a cost in excess of 50% of the value of the structures and premises in combination within a 12 month period. (3) Damage and Restoration. If such use of premises or use of premises and structure in combination are destroyed by any means to an extent of 50 percent or more of its appraised value, it shall not be reconstructed except in conformity with this chapter (4) Discontinuance. When a nonconforming use of premises or use of structure and premises in combination is discontinued or abandoned for six consecutive months the nonconforming use of premises or structure and premises in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located. Sec. 118 -617. Repairs and maintenance. Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof. /n -1 1 nom `% -G%AC i -/ UI, s i ✓i.II- SECTION 3. All ordinances and resolutions of the City, or any part thereof, which are in conflict with this ordinance are hereby repealed. SECTION 4. Should any section or provision of this ordinance, or any portion, paragraph, sentence, or word thereof, be declared by a 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 5. The City Clerk is hereby directed to ensure that the contents of this ordinance be codified as part of the City Code of Ordinances. SECTION 6. This ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF '1999. PLACED ON SECOND READING THIS DAY OF 5 '1999. PASSED AND ADOPTED THIS DAY OF '1999. MAYOR JOSEPH R. RUSSO COUNCILMAN CARL SABATELLO VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER, CMC, CITY CLERK SUFFICIENCY. VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK G: \Short Range \txt9908.ord2.wpd CITY ATTORNEY AYE NAY ABSENT 2 CITY OF PALM BEACH GARDENS 3704 BURNS ROAD • PALM BEACH GARDENS. FLORIDA 33410 -4698 PHONE (561) 775 -8274 • FAX (561) 775 -8279 MEMORANDUM TO: Richard Diamond, Assistant City Manager FROM: Bob Patty, Director of Public Works KaF DATE: May 3, 1999 SUBJECT: Military Trail Landscape Maintenance Approximately two years ago, the City received approval for $85,657.50 in grant money from Beautiful Palm Beaches, Inc. Grant to improve landscaping along Military Trail from Northlake Blvd. to P.G.A. Blvd. During this two -year period, a new irrigation system was designed and approved by the DOT. Prior to final installation of this system the owner of the irrigation system and design was killed in an unfortunate accident that was work related. Due to the excessive use of water with a conventional irrigation system, the Public Works Dept. decided to explore alternative water sources. The monies for this project have been encumbered for the past two years in account No. 16-245, but must be expended by no later than August, 2000. The Public Works Dept. has narrowed the irrigation solution to three options. None of these options include landscape material to complete the project. Option 1 -Well water (Estimated cost of $150,000) • Establish nine (9) easements for hand holes and electric meters • Permit application to DOT for nine (9) directional bores under Military Trail for electrical service to meters for pumps • Permit application from DOT to open cut Military Trail in four locations to connect median islands for irrigation not serviced by electricity • Establish vendors for directional bore, open cuts, irrigation installation, well drilling and landscaping Option 2- Potable Water (Estimated cost $77,000. impact fee plus estimated $20,000. to $30,000. Per year for water consumption.) Option 3- Pump from canals (Estimated cost $100,000.) • Permit application from DOT to establish a cut in the center of Military Trail from median to median to run a 6 to 8 inch main • Establish at least 2 -3 pump stations to move water from the Thompson River and the Earman River • Establish vendors for open cuts, irrigation installation, well drilling and landscaping At this time, the Public Works Department is recommending Option 3. Although the initial cost is $23,000.00 more than Seacoast impact fees for the larger meters, the electric costs to run the canal irrigation pumps has a minimal monthly charge for future billing. Public Works has approximately 90% of all irrigation systems in ROW'S on canal water at the present time. The average cost per month for electricity is $34.00 per pump. I will make myself available to discuss these issues. BP /da Cc: Bobbie Herakovich, City Manager Jon Iles, Supervisor Mowing/Landscape file CITY MANAGER'S OFFICE 1 nteroffice MEMORANDUM TO: City Council FROM: Bobbie Herakovit� City Manager SUBJECT: Grants Update DATE: May 3, 1999 Attached is a report covering grant applications, funding and timelines as prepared by the Administrative Assistant to the City Manager, which was requested by the City Council on April 8, 1999. As you can see, the City applies for grants whenever staff believes the City might be eligible and when matching funds or in -kind services can be made available. While, it is helpful to have an expert knowledgeable in federal or state grants, staff input, preparation of documentation and supervision is necessary and can be very time consuming. 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N O 0 O .�! �C�9 .A OG 0" CD in O '� �" F • n W A UG °i N p `C CD CCD CD Cl CrJ y H b En y CITY OF PALM BEACH GARDENS 3704 BURNS ROAD • PALM BEACH GARDENS, FLORIDA 33410 -4698 PHONE (561) 775 -8274 • FAX (561) 775 -8279 MEMORANDUM TO: Richard Diamond, Assistant City Manager FROM: Bob Patty, Director of Public Works Kap DATE: May 3, 1999 SUBJECT: Military Trail Landscape Maintenance Approximately two years ago, the City received approval for $85,657.50 in grant money from Beautiful Palm Beaches, Inc. Grant to improve landscaping along Military Trail from Northlake Blvd. to P.G.A. Blvd.. During this two -year period, a new irrigation system was designed and approved by the DOT. Prior to final installation of this system the owner of the irrigation system and design was killed in an unfortunate accident that was work related. Due to the excessive use of water with a conventional irrigation system, the Public Works Dept. decided to explore alternative water sources. The monies for this project have been encumbered for the past two years in account No. 16-245, but must be expended by no later than August, 2000. The Public Works Dept. has narrowed the irrigation solution to three options. None of these options include landscape material to complete the project. Option 1 -Well water (Estimated cost of $150,000) • Establish nine (9) easements for hand holes and electric meters • Permit application to DOT for nine (9) directional bores under Military Trail for electrical service to meters for pumps • Permit application from DOT to open cut Military Trail in four locations to connect median islands for irrigation not serviced by electricity • Establish vendors for directional bore, open cuts, irrigation installation, well drilling and landscaping Option 2- Potable Water (Estimated cost $77,000. impact fee plus estimated $20,000. to $30,000. Per year for water consumption.) Option 3- Pump from canals (Estimated cost $100,000.) • Permit application from DOT to establish a cut in the center of Military Trail from median to median to run a 6 to 8 inch main • Establish at least 2 -3 pump stations to move water from the Thompson River and the Earman River • Establish vendors for open cuts, irrigation installation, well drilling and landscaping At this time, the Public Works Department is recommending Option 3. Although the initial cost is $23,000.00 more than Seacoast impact fees for the larger meters, the electric costs to run the canal irrigation pumps has a minimal monthly charge for future billing. Public Works has approximately 90% of all irrigation systems in ROW'S on canal water at the present time. The average cost per month for electricity is $34.00 per pump. I will make myself available to discuss these issues. BP /da Cc: Bobbie Herakovich, City Manager Jon Iles, Supervisor Mowing/Landscape file CITY OF PALM BEACH GARDENS CITY COUNCIL -_ Agenda Cover Memorandum - Meeting Date: October 1. 1992 Subject/Agenda gym: - Item For Discussion - Lake Park's Request RE: De- annexation Recommendation/Motion: Staff is seeking Council input on this matter. Reviewed by: Originadng Dept: Costs: $ 0 City Attorney NA Planning Division, Total ACM S, 0 Current FY Other N/A Advertised: Funding Source: Date: [ IOperating Paper. [ Iffier N/A Submitted by- [ x I Not Required rJ wth i or Affected parties [ ] Notified Budget Acct#: Approved by: City Manager [ x ] Not required BACKGROUND: Council Action: [ l Approved [ l Appro+ed w,. Denied [ ] [ l Continued to: Attachments: [ I None a Lake Park Mayor Will Wagner has requested that the City de -annex the 16 -acre parcel south of Northlake Boulevard, east of the C-17 canal, as well as the C -17 canal itself and the unimproved Silver Beach Road right -of -way (letter dated September 221. The 16 -acre parcel currently has two city land use designations, Industrial on the western section which is improved by L &D Nursery and Commercial on the eastern section which is vacant (see map for subject properties). The Town of Lake Park held a planning charrette for its western area in April. The result was a mixed -use conceptual master plan (attached). The Town feels that the two properties along Northlake Boulevard, which will lie on either side of the future Congress Page 2 De- Annexation Request Avenue intersection, constitute the entrance into western Lake Park and their newly planned area. The Town would like for these properties to be under their land use authority so that they may better direct the type and aesthetics of any development, as well as create an entry feature into the Town of Lake Park at the intersection. As a piece of historical information, the Town had requested the canal and road rights- of-way to be annexed in 1991 so that Lake Park could undertake additional annexations to the west of the canal. The City had verbally responded that if the Town wanted to undertake all of the legal footwork and pay for all costs associated with the process, the City would approve of the de- annexation through any needed Council actions. (See letter dated February 22, 1991 from J.A. Jurgen.) For a reason unknown to us the Town never proceeded with the de- annexation work. Staff has evaluated the properties which are the subject of the Town's de- annexation request. The canal and road right- of-way are not taxed and do not bring any revenues to the City. The 16 -acre parcel is partially improved and currently brings the City approximately $7,000 in tax revenues according to property appraiser records. The property requires Tittle service from the City and does not generate much call volume according to the police and fire departments. When the property develops to its full potential it will generate additional revenues for the City. Staff does not feel that the City has anything to gain from de- annexation. In fact, from a— service perspective it may be better to control land on both sides of roadway so that there are no jurisdiction issues due to the road serving as the boundary line. Additionally, the City is able to effectively influence the aesthetics of new development when it does occur and can require additional landscaping at the Congress/Northlake intersection thereby creating an entry feature consistent with the Town's vision. Staff is seeking Council direction on how to respond to the Town of Lake Park. --f-F �a '98 04=32PM PALM BEAD4 (;PRDErG Mayor Joseph Russo City of Palm Beach Gaiuens 10500 North Mfiitary Trail Palm Beach Ganletzs, FL 334104698 P.1 -jw"l" of the Palm Beres September 22, 1999 Dear Mayor R so: I want to bring up EL=cthat is of great interest to the Town of Lake Park As you probably know, the Town has been active w promoting the development of the MacArthur property on the west side of the Town in a Traditional Neighbochood Design. Staff and I have met with the MacArthur Foundatm and shared our vision with them and the Rockwood Realty group. We discussed the comcepaW master plan foe the area tbst was developed by the Treasure Coast Regional Planning Council following our pdanning charirette in Aprt1. In f act, the plan has been inehxW in the marketing information packet CD-ROM produced by Rockwood. We are also working closely with George Webb, Palm Beach County Engineer, in developing a 4-bme cross section d «*go of the Congress Avenue extension which will be compatible with the master plan. Obviously, the Town is quite ienduaissdc about the future development of its western area. The entrance to our western area from Northlake. Boulevard will be paramount in creating the image we desire for the arcs and in esmblishing the marketability of the area Unfortunately for the Town, the nottberamost 16 -acre parcel of this area, just east of the C -17 Canal, lies within the City of Patin Beach Gardens. In addition. the entire length of the C- 17 Canal oa the west side of Lake Park, ties within Palm Beach Gardens. And finally, a long, narrow strip of land that extends west from the present western terminus of Silver Beach Road is also in Palm Beach Gardens. Essentially, there are several awkward extensions of the City that surround Lake Park and significantly and adversely affect the Towres, ability to ebart its own future course. I would like to meet with you to discuss the possibility of the City de- ammdng these parcels and allowing the Town to annex them. This would permit us to square off our western and southern borders and plan our own dezi6viy. I will call you in the next few days to see if we can arrange a meeting. Sincerely, 4.zl-z William H. Wagner Mayor M'S YWA ao"air4 - axis 964 94ft b .w6t9 - (Scv) 848446V - 9 (561) 8484W.? `SLY �4 " Jti 04; 30-Y1 PPLM BEPOI GPM" cc: Palm Beach Gardens City Council iAke Park Town Commission Kann M mu% Coumty Commissi w Terry Leary, Town Man w. Lake Put Bobbie Hgmkomck City MajmW, Patin Beach Gardens Dolt 9mitk-MWAAhur Foandation Michael BwdM Tr LWM Coast Regional Planning Council P.2 Ali: . .. ... .. . li 1/f� 0 .M. I IN Lc& �ack CG n C-f D-�%XoA MasNec ` 6 c �o q- OQSAec(N Acto,- JONES, FOSTER, JOHNSTON & STUBBS, P.A. ATTOfM1 M ANO COUINMOM LOAM t ALEJTAN NA wean T. 0~ P. 0. DFLO" E R. Wkj=JONO +1 ALIINO aeon= K SAIM JOHN NL JOHN SLAM WMT PAIN EACH FU7ROA 33402-U76 1006-10011 K1110" C, slYffooftK LER PAM" A. wwavolEY (�� � MIC"AEL 0. SRDWN TWOTHY G MONAGHAN hem" or. Loun"NAL RUTH P. CL4MENTS GUY RAroEAU FAX: (40nA32 -1434 Ism"M scoff %L 000.70N JOHN C. RAMOOLPH JOTCE A. CONWAY PAULA REYENE HARM MARGARET l COOPVA AN01RM 0000 ALLINM jDTOTITON sYRON R COMeWaL EYEN NT.L NOTHNIAN sfAbtM! RES[CtA 4 OOAHK PET[R A. SACHS RANDY M W _ L. MARTIN n� JOCK Y. STRAW" MIFMUM DIRECT UNE Tmtur A. POW SCOTT A. OLADER SKTNEY A STLIGM A NANOtt iM.N ALLEN R. TOM I"M SCOTT n HAVORM JOHN S. TRSAPOT TMOINTON M. HENRY SANDY K VANiTWY OTHER LOCATKAR PETER i HOLTON MICHAEL P. WALSH - !W r - F. MU"TA K ADAMS WEAVER !. N.E. FOURTH AYL .L A. AJRDENS PAUL C. MOLFE 00-PAT MACK P ORIDA 3s/M MARK L KLLINPELD MAi1C S. WOOLF CHAFRAS 4 KOVAL Z+et-1 -.1 ry 1001 P.6. at O Rich Walton, Director of Planning & Zonings City of Palm Beach Gardens Ul' FED 25 iice�,,.. 10500 N. Military Trail '�71 Palm Beach Gardens, FL 33410 aH RE: Deannexation of Canal and Silver Beach Road Right -of -Way /Z Dear Mr. Walton: Please be advised that I communicated your most recent information_. regarding annexation issues to Mr. George Long, Town Manager for: the Town of Lake Park. It was decided that at this time, the Town of -Parlc�d�_sire`ti'3ce_ea� -wie n xation discuss- edl the Mayor of the City of Palm Beach Gardens at our recent meeting. More specif ically, the Town of Lake Park would like 5to' annexe- - soutefn , . . betwen ,- :ia- `',�a�:� '�eaC�'Y�R� �{ .3n�edcli'-'L.�G;�, L.11G 1L•T711 of Lake Park would like to annex the`` right- ofway "of s "Silver ;Beach Road currently included within --the municipal:- limits.of -the City:ofj Palm'.Beach -Gardens. If the deannexation request is acceptable, please provide the Town Manager the appropriate application and /or forms to be executed by the Town of Lake Park to effectuate the deannexation. Thank you in advance for your attention to this matter. If a meeting needs to be scheduled to further discuss this issue, please advise. As always, please feel free to call with any questions or comments. Rich Walton, Director of Planning & Zoning RNs, Daaanmtion of Canal and Silver Beach Road Right -of -way February 22, 1991 Page 2 Sincerely yours, JONES, FOSTER, JOHNSTON & STUBBS, P.A. J A. J en Esquire /d cc: Belinda Baldwin, Mayor, Town of Lake Park George Long, Town Manager Timothy E. Monaghan, Town Attorney JAJ:136M- 3\wltcn.t* JONES. FOSTER. JOHNSTON 3 S T U B B S, P_ A. LE I "c. g -- 17: 1, "1 .7\ i `sy ii a�sa Elf EW 81a $Lr RP 8a _ xx SCI a •� CA c ca C) v 11 m > H r O En a ( 1 a CL cu �+� CL = FL > If a a "'� xxxxxxxxx xxx xx �a CD 6 N l " � 0 � N I N N I N NIN I N N M I N N x xxx xxx xxx x x � � z xl I I xl I I xi I I xl I i � $ N N � Q - + °sod c _ z n r IL L kc. sl Is OK( Fit j U N 0 G 0 a ®I 0 0 z a r r a z z z C) 0 C z n fi x a x L Z O A S l� a C n s F D, r � r � C L L fi x a x L Z O A S l� a C n s r fi x a x L Z O A S l� a C A z' rB ti L A z' rB ti TAMn HL l ml t� s N � fr a na y 0 O N � r IF .0 ,�j z P r a z z z C) C) 0 c z r IL ►f _ fi � rc o r sr IL JU U — -L P H H Pi r D c l C .. m _N C l C CITY COUNCIL SPECIAL REGULAR MEETING, 10/1/98 5 meeting of all participants and explained the difficulties involved. Councilman Clark made a motion to place Ordinance 21, 1998 on first reading by title only. Principal Planner Glas pointed out the following corrections to be made in the staff report conditions of approval: Condition 13-- ending with the wording "Condition #1.1 should be protected", should be changed to "Condition #12 should be protected; On page 9 at the end of Condition 23 ending with the wording "as demonstrated on the plans required by Conditions #13 and #14" should be changed to "Conditions 415 and #16. ". Councilman Clark withdrew his previous motion and made a motion that Ordinance 21, 1998 with the amendments suggested by staff be placed on First Reading by title only. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 21, 1998 by title only on First Reading. ITEMS FOR DISCUSSION Ordinance 6, 1998 It was the consensus of the City Council to advertise for Second Reading Ordinance 6, 1998 Providing for Amendment of Article IV of Chapter 2 of the City Code of Ordinances Entitled "Code Fnforcement" By Providing for Code Enforcement Proceedings to be Conducted by a Special Master. Expectations of Code Revisions Growth Management Director Roxanne Manning reviewed the Land Development Regulations Glitch List and requested input from the City Council. City Manager Herakovich commented this effort would be ongoing. Vice Mayor Furtado requested situations be addressed where projects were not completed, such as the Winn - Dixie project at the corner of Northlake and Military Trail. Lake Park Deannexation Request Principal Planner Kirn Glas reviewed the requests made by Lake Park for deannexation. It was the consensus of City Council that they were not interested in de- annexation. 5 -17 -1999 2.09PM FROM TOWN OF LAKE PARK 1 561.848 2913 May 17, 1999 Dear Bobbie: P_ 2 HAIL NATIONAL HISTORIC SITE "Jewel" of the Palm Beaches As I discussed with you and Richard, I am attaching a copy of the letter that app, eared in the Palm-Beach Post on'July 10;1955 from John D. MacArthur. We retyped it for legibility. There are other articles: that I have obtained and will forward these to you as we retype them. There is also a map that shows the proposed development for Lake Park. Note, this was in May, 1955. In July, Mr. MacArthur cut it off from Lake Park and started.North Palm Beach. Later, in 1959, parts of the Lake Park land was incorporated into Palm Beach Gardens:(wanted to call it Palm Beach City). Hope this helps give you abetter perspective of our history. It was enlightening to us. , f7ine know how your Council meeting goes. I enjoyed seeing you at the conference. It really helps to see others in the profession. Best Regards Terry Leary co,• Gam_.. /_ �/_ -_ -- !l7 � �r i n2'i. . „�,. -�.� _ i__.� ,.........._ _ ___ .._ .. 5 -17 -1999 2.10PM FROM TOWN OF LAKE PARK 1 561 8,18 2913 P_3 AN OPEN LETTER TO THE TOWN .- COMMISSIONERS OF LAKE PARK (Printed in the Palm Beach Post- July 12, 1955) Town Commissioners Town of Lake Park, Florida Gentlemen: It is apparent from reading your letter that you do not fully comprehend the problem or my approach to it. When I was a boy, there were hundreds of communities like Lake.Park with "chick sales" in the back yard_ In fact, they referred to it as the 'back house.. Most people had a milk cow which necessitated a barn. The well -to-do had driving horses and surrey with a fringe on top. We all had flies, mosquitoes and a vegetable garden. The manure was neatly stacked during the summer and spread on the garden in the. fall Most families had their own well and it was invariably located between the barn and the chicken coop convenient to the kitchen door. The people were as happy and content as the residents of Lake Park. Occasionally, one of the kids would die, but their complacency was undisturbed. Medical science and public health services collaborated and there was a general awakening. Cess pools came into existence. Later the town pump was powered and the water piped into the individual houses. Since Kelsey City was founded we have learned, among other things, that cess pools have their limitations and drinking water must be filtered and treated. We have also learned that any governmental body must justify its existence. The courts have held that the mere collection of taxes and fines is not the only function of local government. A genuine public service must.be performed. To clear up any existing misunderstanding,.I would like to explain Mr. Cunningham's activities, I sent him to your community largely to determine your objectives. Simultaneously, I employed an independent organization to make a study. Clothed with full authority, Mr.. Cunningham met with you and explored the various possibilities of modernizing your community. While he was still working with you, I received the results of the study and it disclosed that. there was no useful purpose being served by the city government, Palm Beach County is authorized by law to perform every function you pretend to perform. Last year we paid them $1 2,777.00 in taxes on the portion of our property now located within the city limits. In return we received all the.services we needed. In addition, we paid the city more than $35,000.00 and received nothing in return, not even an accounting. The 875 residents of your city also paid you taxes for services that could have been rendered better by the county. The study shows that only a dozen people who received salaries from the . city really benefitted by this unnecessary duplication of government. It is obvious that 863 residents and all the holders of vacant land will be benefitted by the dissolution of NS ... .. 1 ■ 1 ■ ■ 1■ the city. FROM TOWN OF LAKE PARK 1 561 8d8 2913 When these facts were brought to my attention, I instructed Mr. Cunningham not to become involved in any contracts with a local government that had been labeled uparasitic because my lawyers told me that every similar case litigated in Florida had resulted in dissolution. Not wanting to contribute directly or indirectly to the hoax, I terminated the occupancies of the building we had been donating. Mr. Cunningham submitted several offers from people who wanted to purchase lots, but I refused to permit people to build in a community without sanitary facilities. As you know, we have a great deal of property to develop and pending the litigation we will develop the community of North Palm Beach with adequate protection for the health of its future residents. The new community is being planned by expert city planners. It will be properly engineered and the drainage will be perfect, The sewage disposal plant will be of the best design. The drinking water will be filtered and treated. We will cooperate with the Federal Housing Authority, the State and County Board of Health, and we will all be proud of the part we play in building North Palm beach. We do not need money bad enough to sell land in Lake Park, knowing that whoever buys it must drink inferior water and put their sewage into a cess pool. I plan to invite any of the 875 Lake Park residents who will be benefitted by the dissolution of the city to join as parties in the law suit without any expense to them. Perhaps when you gentlemen realize that the only direct benefits you are now receiving are your salaries and perhaps other minor considerations, you will also join me in the disposing of the little play house known as the City of Lake Park. So far as the college is concerned, I think it is a worthy institution. We would be glad to have them use the building they now occupy provided they are not required to pay tribute to the City Commissioners. if you are really concerned about the future of the college, just waive your right to any rent and I will join in the waiver. I have a definite opinion that everyone will be better off when the jurisdiction of the real estate within the city limits is tumed over to the County authorities. I know you could continue to operate the city if you collected the actual cost of your water company from the people and supplemented that income with the rent money you have been receiving from the college, I would feel I was doing a disservice to all Lake Park residents not on the city payroll if I did anything to help you keep your city government alive. The county as successors would legally inherit all city owned property, including their liabilities, but to avoid any'aossible doubt VAII assign to the county irrevocably any reversionary rights we now own. Very truly yours, John D. MacArthur P. 1 5-17-1999 2:10PM FROM TOWN OF LAKE PARK 1 561 848 2913 ell, NG MIX .F'...:..1 4' - .7 14 76W 2. . jp'4i 'N.Rr It NA. -Ttivi 1 e"' 1, ml 'Y' o �YAr ".K! r-4 Ilf wt 77 'rA P. A S-17-1999 2:13PM FROM TOWN OF LAKE PARK 1 561 848 2913 P. 5 X20 Million 'Lake Parr D lop' -A - De Seen _ Way ro p as for a IL a= raid he it d More t W orn o /t v f �� i y eels ` .. _� . . • A /IOTN /N y - e Pe:rt L. r ♦ t` TCa: Cn or - �-- a ; i , ber I ass gr PC h 1 Ta i se _ •••� •` k �� wit O6�• ..yy wh G )a Real � '. � ^ Get Wit -rps of cow 45'e .art 11- Beach • /��• rnr e used the )snaloa a itic r Com. ' 111r. ommis O p • a r,. ,potted I ' . I M 7,5 S AIr A !'wo tell At; :� ". s con :esaary tint I here. `L� 7. Mr. -h all— 1 rct. le no- t G'' Ile, uctlntl Ala y reefs A of the n.a.io ate, of SR C� r eLCw l l e t d _ _ _ _ Q� t,,,• (la j. and Q C ^• z�,,�■ d^ Rro to ■fr- ter ,toot- - t/NYON on r tat isineas SC'eNQ 11 �. the •'� • ) � Ina D Ta! �� 'nor Ito, - - ! - - - Wll altc .' ' trat el UP)-. � \VV today a a....� W re • on eom- rem t is a lead Q O a Wr illoa� O Q T ti tl Jnlo . aLvo, Ilotise - �- 3 ��� grit and ad a ��� n bin Vail leba e ot vote 0� of h 0. bill Jill) Iii a _ - �---� •�Q- 7�!_JQ�D Ele �(�— �-7t -- - t�� -,QQ� • `- Y .....• ... STUDV NO. 1 _ ell a . servve r tQQQ�j���r--1t� 1 Or PROPCSLD ,Of VGCCP1rIGNT.��- ` t .five i Q at EXPAN31o1J Awa t> tbe.��— �JQ1Q�1IQ� ��,r11a oryLAX1! PA- RKE}.VICIN aLt - _a.��t�Jt —•t ....- .. ...._�l�J epayd 191 �Le ~•.17 -Soo• I7Y cnt s .._ - er h• O,If:oe q O� 6■e�ge l�precl.iy~ rA/at 7��n -- �� - •) -- ' ^ ""- "•••r••Cooautt;n. tngiwear Wnt Gat- 4n■A, Florida Aj' Iv■Aec -- - - - 'PROPOSED DEVELOPMENT-- Platsa tar a $20,000,000 really derelop a - j 0 nermal *u THE CITY went, as revealed la The Poat this moinlnr, way be ally develop. to e n.ct air - _ the above map of Lake Park atoll the lerrliorr to the north and coat, /� W. s �a Dcarce • team main b e r s iyere Figure 1 represents a vast new oceanfront reaidentlal and ]total area Three Angel S sel,ard asked 'to bring Odd Fellow rituals wbtah will be developed as soon as possible, wbile figure P shows Arn, ° nr to rchcerrc• the lnlllatory degree the subdlvfdlar of Munroe Island In Lake Worth. F /rst seeflen to oaten at 8 tonight when Palm Beach get underway is represented by figure 3, Jn which will be located gene t•i■ to Lodge 88 meets at Odd Fellows' (marked "W ") the casual water plant and ■anHary sewage disposal Opens • 2 -Week does h% Noble Grand prank Cohen plant, both of wbleh arc scheduled to be under construction within St. 7j.." will prerldr the neat( four months. The systems will service 8,800 home sites, run about half of them waterfrool properties. y a\ Tonight sur( .tat / e. S :- Arm S-17-1999 2 :09PM FROM TOWN OF LAKE PARK- V-561-8A8 2913 P_1 FAx TRANSMISSION To*w of LAKE PARK 838 PARK AVM4UE LAKE PARK. FL 33403 (56 1) 848 -3460 FAX.' (.56 1) a148-2913 To: D e, R _ 61 e �Q?Gd KoJ�G h t • a Fax #: % 7 S - a� Pages: 9 to , including this cover From: TERRY LEARY, sheet. TOWN MANAGER Subject; COMMENTS: " 2- - -- y c�,�Qiesatia C � wto r1x nj