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HomeMy WebLinkAboutAgenda Council Agenda 040298All 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. REVISED: 3/31/98 CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS APRIL 2, 1998 7:30 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL: Mayor Russo, Vice Mayor Furtado, Councilman Jablin, Councilman Clark Councilman Sabatello III. ANNOUNCEMENTS Monday, April 6, 1998, 7 p.m., Code Enforcement Board Tuesday, April 7, 1998, 7:30 p.m, Parks & Recreation Advisory Board Wednesday, April 8, 1998, 7:30 p.m., Education Advisory Board Friday, April 10, 1998, GOOD FRIDAY, Administrative Offices Closed Tuesday, April 14, 1998, 7:30 p.m., Planning & Zoning Commission IV. CITY MANAGER REPORT V. PRESENTATIONS 1. PGA/Alternate AlA Flyover - Jeff Bowman, Reynolds, Smith & Hill VI. AWARDING OF BIDS 1. Awarding of Sidewalk Linkage Contract. 2. Awarding of Bid for Fencing VII. ITEMS BY MAYOR AND COUNCIL VIII. COMMENTS FROM THE PUBLIC (Please submit request card to Clerk prior to this Item) IX. CONSENT AGENDA 1. Proclaiming April 5 -11, 1998 as "International Building Safety" Week. 2. Proclaiming that Lindsay Curry has earned her Girl Scout Silver Award. 3. Proclaiming that Leah Giordano has earned her Girl Scout Silver Award. 4. Proclaiming that Monique Abrishami has earned her Girl Scout Silver Award. 5. Proclaiming that Lindsey Erbrick has earned her Girl Scout Silver Award. 6. Proclaiming that Megan Marron has earned her Girl Scout Silver Award. 7. Proclaiming that Candice McArdle has earned her Girl Scout Silver Award. 8. Proclaiming May 3 -9, 1998 as "Safe Drinking Water" Week. 9. Resolution 28, 1998 - Consideration of Approval to Oppose the Proposal before the Constitutional Revision Commission regarding Sovereign Immunity. 10. Resolution 30, 1998 - Consideration of Approval Supporting the Metropolitan Planning Organization of Palm Beach County in its Recommendation to Oppose House Bill 3313, House Bill 3583 and Senate Bill 92, Which is a Proposed Amendment to the Eminent Domain Laws. 1 CITY COUNCIL REGULAR MEETING 4/2/98 X. PUBLIC HEARINGS: XI. RESOLUTIONS: Resolution 19, 1998 - Consideration of Approval of a Development Agreement Between the City and Charming Corporation XXX for Property Known as "The Commons ", Parcels 1, 2 and 3. XII. ORDINANCES: Ordinance 5, 1998 - Providing for Amendment of Section 78 -2 of the Code of Ordinances, Entitled "Definitions ", by Amending the Definition of "Restaurant" and by Adding a Definition of "Outdoor Seating "; Providing for Enactment of Section 110 -44 of the Code of Ordinances, Entitled "Menu Boards "; Providing for Amendment of Section 118 -44 of the Code of Ordinances, Entitled "Administrative Amendments to Approved Development Plans "; by Adding a Provision for Enactment of Section 118 -311 of the Code of Ordinances, Entitled "Outdoor Seating" (Consideration of First Reading). XIII. ITEMS FOR COUNCIL ACTION XIV. ITEMS FOR DISCUSSION XV. CITY ATTORNEY REPORT XVL ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 286.26, 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. 2 CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410-4698 Mr. Patrick Glass, Project Manager Florida Department of Transportation District 4 Office 3400 West Commercial Boulevard Ft. Lauderdale, FL 33309 -3421 March 17, 1998 RE: PGA Boulevard and Old Dixie Highway Intersection Improvements Dear Mr. Glass: City staff has had the opportunity to review the conceptual design plans of the PGA/Alternate A 1 A Flyover and would like to offer the following comments: 1 • The City would like the opportunity to review and comment on landscape plans for this project. 2. The City would like to see elevations of the Alternate A I A ramp to south bound I -95. 3. The PGA Boulevard westbound, left turn lane onto RCA Drive should be eliminated. This left turn creates safety hazards due to the volume and speed of oncoming (eastbound) traffic, and due to stacking in westbound travel lanes because of delays in making such left -turn movements. 4. Drainage outfall for the project needs to meet the City's performance standards. The project site is at the extreme headwaters of several drainage basins. A couple of these basins are at or close to capacity, so outfall needs further consideration. Please forward drainage calculations for our review. 5. The City's Comprehensive Plan contains a conceptual thoroughfare plan which identifies access to the northwest quadrant from the southwest quadrant of this intersection. The City would like to see access provided under the flyover for this connection. 6. This project will further impact Burns Road, a city street, as motorists seek alternate east - west routes during construction. Traffic volumes on Burns Road currently exceed Performance standards, but the roadway is `constrained' until I -95 improvements are made in this area and an overpass is widened. The City continues to request FDOT's consideration that I -95 improvements be conducted at both ends of Palm Beach County simultaneously, moving towards central county. 7. The City will be convening a PGA/Alternate A 1 A Flyover Design Task Force to consider the aesthetics of the project. You have been designated by Rick Chesser to represent FDOT on this task force. We will contact you in the near future about this task force. Since the March 191 public hearing is scheduled the same night as a regular City Council meeting, we look forward to a presentation being made at the April 2, 1998 City Council meeting by Reynolds, Smith & Hill representatives. Sincerely, d Bobbie Herakovich City Manager cc: City Council Len Lindahl, P.E. Growth Management Department staff TO CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS. FLORIDA 33410 -4698 MEMORANDUM Greg Dunham, Assistant City Manager FROM; Bob Patty, Director of Public Works DATE: March 23, 1998 RE: Sidewalk Linkage On November 14, 1997, I sent you a memo regarding the sidewalk linkage plan for the creation of safe streets for use by children to travel to and from school. This plan was to be presented to the Neighborhood Initiative Task Force at their November meeting At this meeting a priority list was established and presented to Council at the January 22, 1998 Council Meeting. The Public Works Department proposed using $50,000.00 of the budgeted Swale Improvement Funding for the current fiscal year to accomplish some of the sidewalk work in this year's budget. Council approved this and recommended the work be scheduled. To accomplish this fiscal year's recommendation, the Public Works Department will need to perform a portion of this work and contract out a portion of the work. I have contacted Karl Pruett of Wynn & Sons Environmental Construction, Inc. who has contracted with Palm Beach County to perform their sidewalk work this year. Public Works has determined that Wynn & Son's contracted price with Palm Beach County is more cost effective than our original estimate to do the sidewalks. Wynn & Sons Environmental Construction, Inc. will complete the sidewalks on Lilac Street from Military Trail east to Plant Drive and Plant Drive from Lilac South to Holly Drive. The Public Works Department is asking Council to consider a motion to hire Wynn & Sons Environmental Construction, Inc. and to piggyback onto their existing contract with Palm Beach County No. 98054. The contract amount not to exceed $40,000.00 for this specific project. I will be available to discuss this matter with you at your convenience. BP /da Attachments cc: Bobbie Herakovich, City Manager file CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 3/25/98 Sidewalk Linkaae Contract Subject/Agenda Item — Wynn and Sons Environmental Const_ Tnc. Recommendation /Motion: See attachments and memo I i i 1 Council Action: Reviewed by: Originating Dept: Costs: $ 40, 000 City Attorney Public Works Total [ ] Approved , Finance $ 50 f 000 [ ] Approved Current FY ACM [ ] Denied Human Res. Advertised: Funding Source: [ I Continued to: Other Date: [ ] Operating Attachments: ` ` Paper. [X]Other qas tax Submitted by: (X] [X] Not Required Bob Patty j�Y Department Director Affected parties Budget Acct #:: Approved by: [ ] Notified 16- 3000 - 539.631 )[ ]Hone City Manager [ ] Not required BACKGROUND: See attachments and memo I i i MAR -21 -98 02:51 AM P.01 WYNN & SONS ENVIRONMENTAL CONSTRUCTION IN 0455 tat Cane $push, West Pglm 34 Beach, FL 311 C. Phd4 (581) 793.1252 FM (681) 793.0888 PAX TILANPMTAL DAYS• "� � � - . - NO.OP PACW._ j • 1� A=NION: IL 1 �2 S I D L wA �. -K -:5 ?� 2i.�� x-11 ot 13 Yz, • I IF TENRE ARE ANY QUESTIONS REGUARDM TW PAX nLANW&&%W P12"M CONTACT OUR OFFICE AT THE AHOVB rE 100NENUIMM interoffice MEMORANDUM To: Bob Patty, Director of Public Works From: Beth Ingold Subject: Follow up to NITF Issues Date: January 27, 1998 CC: Greg Dunham, Assistant City Manager The attached table is a summary list of activities that staff agreed to complete in the 1997 -98 Fiscal Year or to plan for in Capital Improvement Budget discussions. The tables list activities outlined by staff in the "Staff Response to the NITF Final Report" or that were directives issued by Council members at the January 22nd Council meeting or NITF meeting. As you will see on the Street light tables under the "Schedule" column, some dates have not been indicated, such as for the placement of street lights at residential collector and arterial roadway intersections. Although in the presentation to the NITF and Council we did not give specific dates, we did indicate that this could be accomplished during FY 97 -98. Perhaps you, Greg and I can fill in this section the next time we meet. Also on this issue, I have a question regarding the procedure for demonstrating resident support for street lights. It is my understanding that for the placement of lights at the intersections of residential collector streets and major arterial roads we will not follow the criteria of establishing resident support since these intersections won't directly affect residents. The criteria for establishing resident support will be invoked for any requests from neighborhoods (or neighborhood contact persons) for lighting in their neighborhoods. Is that your understanding? If you have additions or corrections to the tables, please let me know. Also attached is a draft of "Criteria for Establishing Resident Support for Neighborhood Improvements." If you have suggestions or comments on this, please let me know. Bob Patty, Director of Public Works Page 2 January 27, 1998 ([Q. .Te.�II L' Hi �7 �7 :t`.TTti�'�Y'.'+G1 T F SUE iq lDENW. -Al, ' I - Ytr�71t :1'rk V 11 171'1 • -+Staff will develop specific criteria for Community I Completed by 2 -2 -98 establishing resident support for sidewalks Services -+Staff will meet with printing company to Community Svcs Completed by 2 -9 -98 develop door hangers with "tear off' and Public Works portion for survey information -Staff will communicate criteria to NITF Community Completed by 2 -1 -98 members at February NITF meeting Services -►Staff will develop door hangers and other Community Svcs Will be prepared vehicles (letters, neighborhood meetings) and Public Works when request for for communicating with residents regarding sidewalk is made staking of areas for sidewalks -The following sidewalks will be Public Works See following completed during FY 97 -98: Lilac Street PW /Contractor March 1998 Plant Drive PW /Contractor j March 1998 Riverside (north of Holly) DOT April 1998 Arbor Way PW /Contractor February 1998 Corner of PGA and Fairway PW /Contractor February 1998 4Staff will explore the possibility of PW Director completing Burns Road sidewalks in 98 -99 Assistant CM Capital Improvement budget since funds Finance Director will eventually com through ISTEA grant - +Staff will include in Capital Improvement Assistant CM Budget discussions to Budget discussions, the inclusion of funds Finance Director be completed by July for additional sidewalks identified by the PW Director `98 at which time a NITF (Gardenia Dr., Riverside - south of Community Svcs list of sidewalks to be Holly to Lighthouse, Crestdale, Holly, completed in FY 98- Meridian and MacArthur Bridge Walkway. I 199 will be completed. I Bob Patty, Director of Public Works Page 3 January 27, 1998 - Thompson River, from Riverside to Holly Public Works March 1998 i March 1998 � - 4Earman River, north to Holly along Gardenia I Public Works April 1998 ' - >►Thompson River, from Holy to Earman I Public Works 1 May 1998 ' 4From Earman, south to Crestdale Public Works 'June 1998 Improvement 4From Holly, north to BallenIsles Spillway Public Works August 1998 , i - 4Thompson Rvr, fr. spillway north to PGA Blvd 1 Public Works I I Sept. 1998 -4From Mil. Tr. West to Hickory, south of PGA Public Works October 1998 ' -4From Hickory Dr. west to Ave. Of PGA Public Works January 1999 4FEC RR, from RCA Blvd. south to Burns � Public Works 1 I March 1999 , �I I -4FEC RR, from Burns to Earman River ; ,Public Works 1 1 June 1999 ' 4Earman Rvr fr. BallenIsles to Lake Catherine Public Works I 1 October 1999 ' J 4Earman Rvr fr. Lake Catherine to C -17 Canal I I Public Works I I I February 2000 I w ='WISSiTE:rI?RAINAGE2' =RESP BE SWALES -4Plat 5 Areas 4Plant Drive (where sidewalk is located) 4Lilac Street (where sidewalk is located) - 4Staff will develop plan for identifying corners in need of comer radius expansion -Staff to include in Capital Improvement Budget discussions future Swale and infrastructure improvements in Plat 1 - IStaff to include a "friendly reminder" in next City Line indicating the importance of not planting in the City's right of way "'yt �a'rw,«.4' jjTT- ,�Yat;,...- ._'.�. =±tom. Vs. I I Public Works I FY 97 -98 I I I Public Works i March 1998 Public Works 1 March 1998 I I Assistant CM Public ? ? ? ? ?? Works City Engineer Assistant CM Public During Capital Wks. Dir. City Improvement Engineer I Budget discussions Community i April 1998 Services J 1 1 i Bob Patty, Director of Public Works Page 4 January 27, 1998 SSI}E:�ST'RI3ET�L BHT ..� � �'?j„T�il. 5• �'X 1. �: s' +# L.l:, F + �:La�;: �RESPpO IB :'; �' R` (SHED _ r: >",,. F.. j vgyi »i �✓ " � �_-- ''M,}-�..ti.Nf. ^4 i f. kGT'^'Ff.•�YZ 9� uea- �)._Y.P'wfy f� h'''��1 j# 9 _ ,,.. yy++{{yy.yy T".'R'.!y�� ! �.,,1L Public Works K}:i ,xW•t'r�{ _ ,`}r�a'� •FIEF ?�HV�7'k .) it "� 1NY'i+1ri` °-F.s _AT!5.`'"ZiN�y. - +Staff will develop specific criteria for Community Svcs Completed by 2 -2- establishing resident support for street lights Public Works Dir. 98 Staff to expand the school zone area on Public Works Holly Drive - 4Staff to explore the options, costs, etc. of Assistant CM, Pubic ??9 upgrading the quality of lights and poles Works Dir. Community Svcs. -Staff will assess and place street lights at Public Works See following the following intersections of residential collectors' streets and major arterial roads: -PGA Blvd and Hickory Dr. Public Works April 1998 -Shady Lakes Drive and PGA Blvd. Public Works April 1998 - 4Northlake and Gibson Road Public Works April 1998 - +Northlake and Hyatt Drive Public Works April 1998 - Keating Drive and Crestdale Street Public Works April 1998 -Elm Avenue and Birch Street Public Works April 1998 -Burns Road and Rainwood Circle Public Works April 1998 - 4Prosperity Farms Road. & Prosperity Public Works April 1998 Oaks Ct. Staff to publish notice to residents to Community indicate the need for signs Services Staff to assess, construct and place signs in Public Works requested locations Staff to expand the school zone area on Public Works Riverside Drive Staff to expand the school zone area on Public Works Holly Drive i Fall 1997 City Line January 1998 February 1998 i February 1998 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 3/30/98 Temporary Fencing For Fire Dept. Move (Public Works Yard) Subject Agenda Item - Martin Fence Co. Recommendation /Motion: - 5-e F- l -'iTR e * F-z 5 •f i Reviewed by: Originating Dept: Costs: $ 13.714.79 Council Action: City Attorney. Public Works Total [ ]Approved Finance $15,000.00 [ ] Approved w Current FY ACM , [ ] Denied Human Res. Advertised: �, Funding Source: [ ] Continued to: Other Date: IA Operating Attachments: Paper. [ J Other Submitted by: )?iob Putt 7[g] Not Required Department Director ` ' Affected parties Budget Acct #:: Approved by: [ ] Notified 01- 3000 - 539.6350 1[ ]None ` City Manager [g] Not required i BACKGROUND: 5-e F- l -'iTR e * F-z 5 •f CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 MEMORANDUM TO: Bobbie Herakovich, City Manager FROM: Bob Patty, Director of Public Works SUBJECT: Fencing Purchase (Temporary Central Fire Station Relocation — Westminster Church Site) DATE: March 30, 1998 The Public Works Department has budgeted $150,000.00 in account # 01- 3000 - 539.6350 for improvements and renovations for the 1998 budget year. Public Works estimated spending $100,000 on a new crib facility, and $50,000 for fencing and yard improvements. Included in the plans for the yard improvements is an overhang for field equipment storage. At this time the Fire Department is in need of a shelter to house some of the apparatus from Station 1 as well as a fenced in compound in order to secure the equipment from Public access at the Westminster Church site, during remodeling of the Central Fire Station. These two items, the shelter and fencing are identical to the budgeted Public Works improvements. At this time, I feel it would best serve the City's need if the shelter and fencing were purchased out of the Public Works budget, account # 01- 3000 - 539.6350, and be utilized by the Fire Department until the renovations at the Central Fire Station are completed. These items could then be dismantled and relocated to the Public Works site and reassembled as originally planned. This would only delay the completion of the Public Works compound renovations by the length of time required to complete Fire Station #1. The Public Works Department is in the process of securing a State or Local bid for the shelter, but has been unsuccessful to date in obtaining this information. The Department has secured a fencing price from Martin Fence Company utilizing the Broward County contract T- 03- 97- 18 -12, copy attached. I am recommending Council consider a motion to "piggy back" off of the Broward County fencing contract and hire Martin Fence Company for the fencing required at the Westminster site. The requested amount is $13,714 79; $8,945.75 for fencing & installation, $4,769.04 for two (2) automatic gates with electric operators & installation. This material will be relocated and utilized at the Public Works Facility upon completion of the Central Fire Station renovations. I will make myself available for the Council meeting to address any concerns. Should you have any questions, please advise. cc: Greg Dunham, Assistant City Manager Pete Bergel, Acting Fire Department Chief Jonathan Iles, Public Works Supervisor File QQ 03 -09 -1998 08:34AM MARTIN FENCE CO y „ MARTIN M� FENCE CO. S E R V I N G S 0 U T H 9 9 did 11 1 561 848 4466 P.01 862 13th STREET, LAKE PARK, FLORIDA 33403 -2383 TELECOPIER TR ANSMITiAL COVER SHEET DATE: Q PLEASE DELIVER THIS COW NICATION TO: ��`o "e f FROM: Ae- .0 /�,Q�� _ - FAX: yo, /w/' AlQ &Z �xaa w✓ Tex �,� ��,.r /� -2',D '46 , oo THE TOTAL N' 2•SER OF PAGES (INCL:NI UMG COvER SFZET) FOR THIS TRANSMITTAL IS a . PLEASE CALL ( PAGES. THANK YOU. 907) 848 -2666 IF YOU DO NOT RECEIVE ALL OF THE a3 �i°�.�4 rD.2bt dit/G � Gil/ /T,�! .�' /9�1�'di✓ �is��.Co PALM BEACH: 561 -848 -2666 IN TOLL FREE: 930 -9303 • FAX: 561 -848 -4466 Residential - Commercial - Industrial 03 -09 -1998 08 :35AM MARTIN FENCE CO 1 1 561 848 J46p6 t 'tP.02 so 3"Im 2014 o V 5 5 0�0�3 �92� q` �4;'r fi,::, �'(/o c ol fro /•z � turf /�a�r E`�i,�tr �J - -,:1�L Ct� .c7� ,Tz � ,•� /,r/ �Loo�C��s Pa.�•oEc 1�4.� Q:a44 '= 4 : 1 b Zn -x4 l ze- /6 /��� c��.rc��rr �•5� � fi aQJ o17 ey C l .Sot L9 "Too %G fi /� �'i.�t.�� - em+ i�4A-Qs ado � ; � or,�/,;� /i�J � . O S � L a,�-•� b ul � �s Los 7o.1 L TOTAL P.02 03- 24-1998 09:05AM MARTIN FENCE CO 1 561 848 4466 P.01 Purchasing Division 115 S. Andrews Avenue. Roorn 212 BRg*CQU NT Y Fort Lvuderdofe. FL 33301 (954) 357 -606$ • FAX (954) 3574 -5- }5 August 28, 1997 Martin Fence Company 862 East Street Lake Park, FL 33403 Attn: Robert L. Greene, President --REFERENCE: BID *T-03-97-18-12, Chain Link Fencing Dear Mr. Greene: This is to confirm that the Board of County Commissioners at its Meeting held on August 12, 1997 under Agenda Item No. 17 has accepted your Bidl on the above - referenced solicitation: Groups II, IV, V, VI, VII, Vlll The Contract is in effect for the period beginning August 26, 1997 and ending May 26, 1998. Purchase Order(s) will be placed as and when required. A copy of this Notice, with a copy of your Bid, including all terms and conditions, is being forwarded to all Using Agencies. Thank you for your interest in doing business with Broward County. Sincerely, GLENN R. CUMMINGS, Director Purchasing Division By ordan London - � P asing Agent it Const. specialist ; sP9 � ' SROWARD COUNTY iOARD OF COUNTY COMMISSIONERS -- An Equal OD�:,;,,mlty Emp:c,it fir:. ' :Oar of Services SCon I. COwC" sic ,_.a N. Guntburger Ilene l�ev. --4n -- — Lod Nance Parnsn SyMQ wninr wiri, E- �= ieVrn. Jr. TOTAL P.01 S 0 U T H S I N C E 03 -30 -1996 11 :11AM MARTIN FENCE CO. MARTIN FENCE CO 1 561 848 4466 862 13th STREET, LAKE PARK, FLORIDA 33403.2383 TELECOPIER TRANSMITTAL COVER SHEET DATE: .F -V�O f �7/ PLEASE DELIVER THIS COMMUNICATION TO: AiTN . , %a_-it�Al'e1 /. S FAX: _ 7,7_-- SUBJECT: / �is�l /a,PA /� /.Q�T�r�o,✓ /�/" A4 zlzra P.01 IF YOU DO TuQI RECEIVE ALL OF THE PAGES. THANK YOU. i 0'pw"-" / rfT,O r /a�✓s -1v171 /rl%rT�� /�r��✓ /.ail - 7,�" Yawl 17 cf- PALM SE CH: 561- 48.2666 • TOLL FREE. 930.9303 • FAX: 561-848-4468 Residential - Commercial - Industrial TOTAL. P.01 THE TOTAL NUMSER IS . PLEASE OF PAGES (INCLUDING COVER CALL (407) 84$ 2666 SHMET) FOR THIS TRANSMITTAL IF YOU DO TuQI RECEIVE ALL OF THE PAGES. THANK YOU. i 0'pw"-" / rfT,O r /a�✓s -1v171 /rl%rT�� /�r��✓ /.ail - 7,�" Yawl 17 cf- PALM SE CH: 561- 48.2666 • TOLL FREE. 930.9303 • FAX: 561-848-4468 Residential - Commercial - Industrial TOTAL. P.01 03 -23 -1958 01:46PM MARTIN FENCE CO SUBMIT BID TO: Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, Florlda 33301 -1801 1 561 848 4466 BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA INVITATION FOR E3Ip Bidder Acknowledgment P.01 — GENERAL CONDITIONS -- THESE INSTRUCTIONS ARE STANDARD FOR ALL CONTRACTS FOR COMMOOITIES/SERVICES ISSUED BY THE BOARD OF COUNTY COMMISSIONERS. THE BOARD OF COUNTY COMMISSIONERS MAY DELETE, SUPERSEDE OFt MODIFY ANY OFTHESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN THE SPECIAL INSTRUCTIONS TO BIDDERS OR IN THE BID SHEETS BY ACCEPTANCE OF A PURCHASE ORDER ISSUED BY THE COUNTY, BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS INVITATION FOR BID SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER'S CONTRACT TO THE CONTRARY, SEALED BIDS: This form must be executed and submitted with all bid sheets In a sealed envelope. (DO NOT INCLUDE MORE THAN ONE BID PER ENVELOPE). The face of the envelope shall contain the above address• the date and the time of bid opening, and bid number. Bids not submitted on attached bid form may be rejected. All bids are subjected to the conditions specified herein. Those which do not comply with these condi- dons are subject to rejection. 1. EXECUTION OF BID: Bid must contain an original signature of an Individual authorized to bind the bidder, Bid must be typed or printed In ink. All corrections made by bidder to his bid must also be Initialled. The bidder's name should also appear on each page of the bid $host If required. Bids will not be :accepted from firms in arrears to the Board of County Commis. loners upon debt or contract nor from a defaulter upon obligations to the Board of County Commissioners. Bidder certifies by signing the bid that no principals or corporate officers of his firm were principals Orcorporate officers in any Other firm which may have been suspended or debarred from doing business with Broward County within the last three years, unless so noted in the bid documents. 2. NO BID: If not submitting a bid, respond by returning this Bidder Acknowledgement form, marking it "NO BID ", no later than the stated bid opening date and hour, and explain the reason In the space provided. Failure to respond without Justification may be cause for removal of the bidder's name from the bid mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO 810." 3. BID WITHDRAWAL. No bidder may withcraw his bid before the expiration of ninety (90) calendar days from ttte date of bid opening unless vendor so notes in the bid. 4. 910 OPENING: $hall be public, on date, location and time specified on the bid form. It is the bidder's responsibility to assure that his bid is delivered on date, location and time specified on the bid form. Bids. which for any reason are not so delivered, will not be considered. Bid tiles and any bids after they are opened may be examined during normal working hours by appointment. Bid tabulations are available for Inspec• Uon upon request. S. ADDENDA TO BID: Broward County reserves the right to amend this Bid prior to the Bid opening date indicated Only written addenda will be binding. If, upon review, material errors In specifications are found, contact the Purchasing Division Immediately, prior to aid opening date, to allow for review and subsequent clarification on the part of Broward County. Form #103.28 (Rev. 1183) (COvnlinued on Pape 2) SIDS'NILLBE OPENED 2pm 0$/13/97 and may not t>A rrandrawn within 90 calsndar day# after aueh 4416 and time BioTInE CHAIN LINK FENCING, AI -,UM! NUM BID NO TO a971EI7.2 PURCHA$iNG AGENT NAME d TELEPHONE NUMBER JL)k17hN LONDON <(7 �q) 357- -62y0 OELIVEaY DATE EiE:E: SPECrAL CONDITIONS MM-64 xxxxxxxxxxxxxxxxx CASH OISCCUNT TERMS BID GUARANTY IS ATTACHED. WHEN REQUIRED, IN THE AMOUNT OF s 5% OF BID TOTAL, REASON ;OR NO 910 FEDERAL EMPLOYER IQ or SOCIAL SECURITY NUMBER 591C 47 U DUN B BRADSTREET NUMBER StDDE;; NAME MAR,r:LN F'H Nm.- C(? BIDDER MAILING ADDRESS/CITY /STATVZIP 1-..A S 'I' S T R iE: I:. T LAKE PARK Ft- ) ;3 AREA CODE � EPHO 0, CONTACT PERSON 4, ROBERT L. GREENE �" /AU4'4icfRt��o storvatvi4[ (onbfnel in Ink) - ROBERT I,. GREENE PRESIDENT TYPED NAME OF SIGNER TITLE i cevtt that tors bid to mace •Mtrieul WKIr undonstandrng, agreement, pr oonnetaOn wnh My oo,00•aI-on. fwm or parson suamitbng a No to, the cone Itemyfarvkaa. and b In as 90911 a tae and w�tnout mnuabn or frovd. I agree t& ee,de try as oondlUona W this bed an0 earthy gut I am authonred to "'N th,a b,d Ibr the bidder. Funkier by afgnatura or tNa form. page& t Ihrougn 4 are scanowl"fied ens aCCeplad as weft as any 29Kfsl ins"clon sl,eel(s) U appika". Page 1 of 4 TOTAL P.01 a� I I GN, -- I ,LVG PROCLAMATION WHEREAS, the safety of the buildings we occupy daily is essential to the health, safety and welfare of the citizens of the world; and WHEREAS, among the world's most fundamental laws and ordinances are those which provide standards for the safe construction of buildings in which people live, work and play; and WHEREAS, for construction and building codes to be effective and enforced, understanding and cooperation must exist between code officials and the people they serve; and WHEREAS, through the efforts of code officials worldwide, and their cooperative relationship with the construction industry, the administration of these health and life- safety standards is assured; and WHEREAS, units of government across the world -- along with such prestigious organizations as Building Officials & Code Administrators (BOCA) International, Inc., International Conference of Building Officials (ICBO), Southern Building Code Congress International (SBCCI), Inc., the Council of American Building Officials (CABO), the National Conference of States on Building Codes and Standards (NCSBCS), and the World Organization of Building Officials (WOBO) -- are joining to promote the use of building and construction codes today, for a lifetime of building safety, through the observation of International Building Safety Week; and WHEREAS, the theme of International Building Safety Week 1998 has been established as "For a Safer Tomorrow." i NOW, THEREFORE, BE IT RESOLVED, that I, Joseph R. Russo, Mayor of the City of Palm Beach Gardens, do hereby declare April 5 - April 11, 1998 as INTERNATIONAL BUILDING SAFETY WEEK IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed, on this 19th day of March in the Year of our Lord, Nineteen Hundred and Ninety - Eight. Mayor Joseph R. Russo Attest: Linda V. Kosier, City Clerk PROCLAMATION WHEREAS, the Girl Scouts of America have long been a great American tradition and asset, WHEREAS, the Girl Scouts of America have guided millions of American youth to highly principled and dedicated lives of family and civic concerns, WHEREAS, the Girl Scouts of American teach self - esteem, teamwork, and how to get along with fellow citizens, WHEREAS, the Girl Scouts of America through their recognitions program instill in its members the value and importance of service to the community, and i WHEREAS, the members of Girl Scouts Cadette Troop #I I have successfully completed the requirements for the Girl Scouts Silver Award. i NOW, THEREFORE, I, Joseph R. Russo, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim that: "LINDSAY CURRY" of Palm Beach Gardens, Florida, be recognized for earning her Girl Scout Award and her contributions to her community through community service. i IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Palm Beach Gardens, Florida, to be affixed this 2nd day of April in the Year of Our Lord, Nineteen Hundred and Ninety Eight. Joseph R. Russo, Mayor ATTEST: Linda V. Kosier, City Clerk I PROCLAMATION WHEREAS, the Girl Scouts of America have long been a great American tradition and asset, i WHEREAS, the Girl Scouts of America have guided millions of American youth to highly principled and dedicated lives of family and civic concerns, I WHEREAS, the Girl Scouts of American teach self - esteem, teamwork, and how to get along with fellow citizens, i WHEREAS, the Girl Scouts of America through their recognitions program instill in its members the value and importance of service to the community, and WHEREAS, the members of Girl Scouts Cadette Troop #11 have successfully completed the requirements for the Girl Scouts Silver Award. NOW, THEREFORE, I, Joseph R. Russo, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim that: I "LEAH GIORDANO" i of Palm Beach Gardens, Florida, be recognized for earning her Girl Scout Award and her i contributions to her community through community service. I IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal I of the City of Palm Beach Gardens, Florida, to be affixed this 2nd day of April in the Year of Our Lord, Nineteen Hundred and Ninety Eight. i Joseph R. Russo, Mayor i ATTEST: Linda V. Kosier, City Clerk i i PROCLAMATION WHEREAS, the Girl Scouts of America have long been a great American tradition and asset, WHEREAS, the Girl Scouts of America have guided millions of American youth to highly principled and dedicated lives of family and civic concerns, WHEREAS, the Girl Scouts of American teach self - esteem, teamwork, and how to get j along with fellow citizens, WHEREAS, the Girl Scouts of America through their recognitions program instill in its members the value and importance of service to the community, and j WHEREAS, the members of Girl Scouts Cadette Troop #I I have successfully completed the requirements for the Girl Scouts Silver Award. NOW, THEREFORE, I, Joseph R. Russo, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim that: "MONIQUE ABRISHAMI" of Palm Beach Gardens, Florida, be recognized for earning her Girl Scout Award and her contributions to her community through community service. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Palm Beach Gardens, Florida, to be affixed this 2nd day of April in the Year of Our Lord, Nineteen Hundred and Ninety Eight. Joseph R. Russo, Mayor ATTEST: Linda V. Kosier, City Clerk PROCLAMATION WHEREAS, the Girl Scouts of America have long been a great American tradition and asset, WHEREAS, the Girl Scouts of America have guided millions of American youth to highly principled and dedicated lives of family and civic concerns, WHEREAS, the Girl Scouts of American teach self - esteem, teamwork, and how to get along with fellow citizens, WHEREAS, the Girl Scouts of America through their recognitions program instill in its members the value and importance of service to the community, and WHEREAS, the members of Girl Scouts Cadette Troop #I I have successfully completed the requirements for the Girl Scouts Silver Award. NOW, THEREFORE, I, Joseph R. Russo, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim that: "LINDSEY ERBRICK" of Palm Beach Gardens, Florida, be recognized for earning her Girl Scout Award and her contributions to her community through community service. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Palm Beach Gardens, Florida, to be affixed this 2nd day of April in the Year of Our Lord, Nineteen Hundred and Ninety Eight. Joseph R. Russo, Mayor ATTEST: Linda V. Kosier, City Clerk PROCLAMATION WHEREAS, the Girl Scouts of America have long been a great American tradition and asset, WHEREAS, the Girl Scouts of America have guided millions of American youth to highly principled and dedicated lives of family and civic concerns, WHEREAS, the Girl Scouts of American teach self-esteem, teamwork, and how to get along with fellow citizens, WHEREAS, the Girl Scouts of America through their recognitions program instill in its members the value and importance of service to the community, and WHEREAS, the members of Girl Scouts Cadette Troop #11 have successfully completed the requirements for the Girl Scouts Silver Award. NOW, THEREFORE, I, Joseph R. Russo, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim that: "MEGAN MARRON" of Palm Beach Gardens, Florida, be recognized for earning her Girl Scout Award and her contributions to her community through community service. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Palm Beach Gardens, Florida, to be affixed this 2nd day of April in the Year of Our Lord, Nineteen Hundred and Ninety Eight. i Joseph R. Russo, Mayor ATTEST: Linda V. Kosier, City Clerk i PROCLAMATION i WHEREAS, the Girl Scouts of America have long been a great American tradition and asset, WHEREAS, the Girl Scouts of America have guided millions of American youth to highly principled and dedicated lives of family and civic concerns, WHEREAS, the Girl Scouts of American teach self- esteem, teamwork, and how to get along with fellow citizens, WHEREAS, the Girl Scouts of America through their recognitions program instill in its members the value and importance of service to the community, and WHEREAS, the members of Girl Scouts Cadette Troop #11 have successfully completed the requirements for the Girl Scouts Silver Award. i i NOW, THEREFORE, I, Joseph R. Russo, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim that: "CANDICE MCARDLE" of Palm Beach Gardens, Florida, be recognized for earning her Girl Scout Award and her contributions to her community through community service. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Palm Beach Gardens, Florida, to be affixed this 2nd day of April in the Year of Our Lord, Nineteen Hundred and Ninety Eight. Joseph R. Russo, Mayor ATTEST: Linda V. Kosier, City Clerk March 13, 1998 Um Mayor, City of Palm Beach Gardens c \o City Manager, City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL. 33418 Dear City Manager: I am the leader of Girl Scout Cadette Troop #11 in the Jupiter/Palm Beach Gardens area. My girls have all earned the Girl Scout Silver Award, the second highest award in Girl Scouting. These girls have worked diligently for the last six months developing a project that they felt would be beneficial to our community. They have been working with Hope House, a residential facility for families with AIDS. These girls have, for the last three months, been going to the community center on Saturdays doing programs with the children. These programs include storytelling, cooking, games, singing, and special event parties. In addition, they have set up a new library and donated dolls, games, and other toys for the children to use. In May, 1998, these girls will be traveling to Tallahassee, Florida, to receive their award from our Governor. I would very much appreciate it if you, as the Mayor of the City of Palm Beach Gardens, sign a Proclamation recognizing these girls for their efforts in earning this Silver Award. I would like to have them attend a City Council meeting to receive this Proclamation around the first week in May. Please contact me so we can make arrangements for them to attend. I can be reached at home at 575 -1819 or at work at 966 -6628. I have attached a sample Proclamation for your convenience, with the girls names from Palm Beach Gardens that will be receiving this award. Thank you in advance for your consideration. Sincerely, Chris McArdle, Leader 41We Troop # 11 �4WB ucerne St. Beach Gardens, FL. 33418 PROCLAMATION WHEREAS, water is one of the few basic and essential needs of mankind; WHEREAS, the State of Florida is blessed with an abundance of this essential element; WHEREAS, the State of Florida has considered the health, the environment, and the social impact in ensuring that facilities and systems provide citizens a safe, dependable quality and quantity of water both now and for future needed, which we all take for granted; and WHEREAS, dedicated men and women have made significant contributions in developing, operating, and maintaining these systems. NOW, THEREFORE, BE IT RESOL VED, that I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, do hereby set aside and proclaim May 3 - 9, 1998 as DRINKING WATER WEEK in Palm Beach Gardens, and urge all citizens to recognize the contributions of the many utilities employees and the American Water Works Association for their dedication to this same end for over one hundred years. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed, on this 2nd day of April in the Year of our Lord, Nineteen Hundred and Ninety- Eight. Mayor Joseph R. Russo Attest: Linda V. Kosier, City Clerk 41k EXECUTIVE OFFICE March 16, 1998 Seacoast Utility Authority LINDA KOSIER, CITY CLERK CITY OF PALM BEACH GARDENS 10500 NO MILITARY TR PALM BEACH GARDENS FL 33410 -6434 Dear Ms. Kosier: Mailing Address PO Box 109602 Palm Beach Gardens, Florida 33410 -9602 Once again, we are approaching the American Water Works Association's (AWWA) nationally proclaimed "Drinking Water Week ". This letter is to request a Proclamation from the City of Palm Beach Gardens in observation of this year's event, May 3 - 9. We at Seacoast want you to know that we appreciate your past support and interest in "Drinking Water Week ", it has meant a great deal to us. Many Palm Beach Gardens residents have participated in and supported our ongoing efforts to implement water conservation awareness. We hope the City of Palm Beach Gardens will support us again this year in making this a meaningful event in our community. Sincerely, SEACOAST UTILITY AUTHORITY J Linda R. Garcia, Customer /Community Relations Supervisor Drinking Water Week Coordinator /dsh cc: Rim Bishop, Executive Director Id_ 4200 Hood Road, Palm Beach Gardens, Florida 33410 -2198 Phone: Customer Service (561) 627 -2920 / Executive Office (561) 627 -2900 / FAX (561) 624 -2839 March 26, 1998 RESOLUTION 28, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR OPPOSITION TO THE PROPOSAL BEFORE THE CONSTITUTIONAL REVISION COMMISSION REGARDING SOVEREIGN IMMUNITY; PROVIDING FOR URGING OTHER LOCAL GOVERNMENTS TO OPPOSE THE PROPOSALS; PROVIDING FOR DISTRIBUTION; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Constitution of the State of Florida, Article X, Section 3, now provides that general law applies as it relates to bringing suit against the State and other Governmental entities, WHEREAS, general law currently waives sovereign immunity for torts arising from the operational activities of local governments in the amount of $100,000 per claimant, with a total of $200,000 per occurrence, WHEREAS, the Constitutional Revision Commission recently rejected Proposal 59 which would have raised the sovereign immunity limit to $250,000 per claim and $500,000 per occurrence, indexing the limit to inflation, and placing attorney's fees outside of the sovereign immunity cap, and Proposal 77 which would have totally abrogated sovereign immunity, WHEREAS, the Constitutional Revision Commission is now considering Amendment No. 6 to Proposal 59 amending the Constitution, which provides for a waiver of sovereign immunity to permit arbitration of claims between $500,000 and the sovereign immunity cap amount set by general law (currently $100,000 per claim or $200,000 per occurrence, WHEREAS, Amendment No. 6 to Proposal 59 provides that the caps set forth in general law may be increased, WHEREAS, the proposed change to the Constitution would eliminate the sovereign immunity of governments as to planning level decisions, WHEREAS, the proposed change in the Constitution adds another layer of adjudication through arbitration of claims over the current sovereign immunity cap that may already have been adjudicated at trial, WHEREAS, the proposed language effectively grafts specific legislative language into the Constitution, requiring a Constitutional amendment in the future to vary the monetary limits contained int he proposed revision, WHEREAS, a change to the Constitution is not necessary to change or amend the parameters of sovereign immunity, as set forth in general law, WHEREAS, the City Council of the City of Palm Beach Gardens finds that the proposal now before the Constitutional Revision Commission, if passed, will result in an unfunded state mandate, and WHEREAS, the City Council of the City of Palm Beach Gardens opposes the amendment to Proposal 59 and any other constitutional change affecting sovereign immunity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City of Palm Beach Gardens opposes Amendment No. 6 to Proposal 59 being considered by the Constitutional Revision Commission, set forth as Attachment "A" hereto. Section 2. The City of Palm Beach Gardens opposes any change to The Doctrine of Sovereign Immunity by Constitutional Amendment. Section 3. The City Council of the City of Palm Beach Gardens urges other local governments to adopt a resolution opposing modification of the Constitution as it relates to The Doctrine of Sovereign Immunity. Section 4. The City Clerk is authorized to provide appropriate municipal officials and members of the Florida Constitutional Revision Commission with copies of this resolution. Section 5. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF APRIL 1998. ATTEST: LINDA V. KOSIER, CMC, CITY CLERK JOSEPH R. RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY Resolution 28, 1998 Page 2 VOTE: AYE NAY AST MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO P "Teal 110. ss Amendment No. _ COMITTZZ or CZ1PACK ACTION 3 _ , SO �(! S 7 t Commissioner Lmmdes moved the following amendmentt 9 10 CMC Asendswat 11 Delete everything after the proposing clause 12 13 and inserts 14 section 1. $action 13 of Article X or the llerida 15 Constitution is revised by amending that section to read: if ARTICLa• x 17 MI$C=AII>c § is SECTION 13. suits against the state. -- Provision may be 19 made by general law for bringing suit against the state as to 20 all liabilities now escistjnq of hereafter originating. When a \J 21 Pert suit elai'm amakages in sneiss•ot the ranted by 22 the limited waiver 0L ievii #iqn ���nitr established by 23 general laws the elai�ts� �it`j1�Ct't0 se!rst`suehrclsie tc 21 arbitration in aeididlinii'viki, r,;,Aldures' 25 general lair. soverailn i— i-vnity 48 waived •for such arbitration. 26 decisions to the extent ei tibdt0oef unless such A_ -_unt i- 27 increased by General law. 2$ 2! � 30 ••......a :s.. :s. T I T L Z A K Z N D M Z 1 T •sss........s :. 31 And the title is amended as fellows 1 C00130: words sttteken are deletions; words gnderlined are additions. I Attachment A ert.oesse�na 1" r 1 2 3 4 S i 7 • 10 11' 12 13 141 13 1s 17 1• t! 20 21 22 _3 24 23 24', 27 2• 2! 30 31 • 't • _ _' • J4 •, •�• iT /� � L �� ✓''� �. t. Ir ., j'r r.� __:. �+i'r �i� `- T CRC. APIENDKM • t � ~ • ' >�s�s�il 1b. !! Amendment no. I 001st@ svecrthing before the proposing clause_' and insect: A proposal to revise AATZCLE Z. i. 11, pla: Gonst., relating to suits against the statei providin4 tot arbitration of certain tort claiast providing a limit on the waiver of sovereign imdunity for claims submitted to arbitration. 2 COOZW3 Words etv*oben are deletionsr words underlined are additions. eso.00Sl.ek.asa0s i i March 27, 1998 RESOLUTION 30, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUPPORTING THE METROPOLITAN PLANNING ORGANIZATION OF PALM BEACH COUNTY IN ITS RECOMMENDATION TO OPPOSE HOUSE BILL 3313, HOUSE BILL 3583 AND SENATE BILL 92, WHICH IS A PROPOSED AMENDMENT TO THE EMINENT DOMAIN LAWS; PROVIDING FOR DISTRIBUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens has been informed with regard to proposed House Bill 3313, House Bill 3583 and Senate Bill 92 which propose changes to the eminent domain laws; WHEREAS, this proposed legislation would impact local government's by increasing the cost of building roads within the community; WHEREAS, this proposed legislation would result in increased costs for purchasing right - of -way as well as changes in the number of years associated with business damages; and WHEREAS, the City Council of the City of Palm Beach Gardens opposes any changes in the eminent domain process and requirements that would increase the costs of land acquisition for transportation purposes. 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 opposes House Bill 3313, House Bill 3583 and Senate Bill 92, proposed amendments to the Eminent Domain Laws, which would impact local government's by increasing the cost of building roads within the community Section 2. The City Clerk is hereby authorized and directed to distribute copies of this Resolution to the Palm Beach County Municipal League, Inc., Palm Beach County Municipalities, and the Florida League of Cities. Section � . This Resolution shall take effect upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF APRIL 1998. JOSEPH RUSSO, MAYOR ATTEST: LINDA V. KOSIER, CMC, CITY CLERK mm VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY Resolution 30, 1998 Page 2 Mar'28 1998 16:36:22 Via Fax -> 48777SO244 Bobbie Herakouich Page 88S Of 0% Action: Contact your local legislators and urge their support of this legislation to provide additional services to the citizens of your municipality. (Rambo) Tr&Mc Infraction Detectors/Red -Light Cameras HB 1479 (Cosgrove) and SB 2046 (Forman) authonze a county or municipality to adopt an ordinance to allow the use of traffic infraction detectors that make photographic images of motor vehicles that fail to stop at a red light These bills establish tra—ing and operational requirements for traffic infraction detectors, and provide that signs must be posted to provide motorists with advance notification that a traffic infraction detector is in use. The maximum fine that could be imposed is S52, with 20 percent of the gross proceeds being used to hire additional personnel for the Florida Highway Patrol and the remaining fine proceeds would be available to the county or municipality to create additional law enforcement positions, provide salary enhancements for officers charged with crime prevention, create additional correction positions and provide salary enhance —wets for corrections of5cera charged with custody of inmate&. The House bill carries over from last session and is now awaiting a hearing in the House Community Affairs Committee. On March 9, 1998, SB 2046 was filed by Sen. Forman and has been referred to Senate Transportation, Community Affairs and Ways and Means Committees. Action: Contact your legislators and urge them to support this use of technology to enforce traffic laws, and allow our police officers to spend their time on public safety rather than traffic control. ( Rambs) Eminent Domain HB 3313 (Ritter), HS 3583 (Pruitt) and SB 92 (Grant) expand the compensation that must be paid in eminent domain actions. The legislation decreases, from 5 years to 3 years, the length of time a business must have been establiahp-d before business damages are considered. and allows business damages to be available when all or a portion of the property is appropriated. The bill would greatly expand the cost of acquiring property through eminent domain proceedings. SB 92 has been voted favorably as a committee substitute by the Government Reform and Oversight Committee and is now in the Senate Transportation Corn --nee. FIB 3583 is being work- ghmpped on March 23, 1998 in the House Transportation Committee. HB 3313 has been referred to the following House Committees: Real Property and Probate, Community Affairs, Civil Justice and Claims and General Government. Action: Contact your legislators and urge them to oppose this costly legislation. These bills will increase the cost of building roads within your community. (Rambo) Statewide Building Code HB 4181 (Constantine), SB 866 (Meadows) and SB 1190 ( Clary) authorise the adoption and subsequent updates of a statewide 1—ifted building code to be called the Florida Building Code. In addition, the bill re -cano tutee the Board of Building Codes and Standards as the Florida Building Commission. Beginning in 2001, local governments will. be given expanded responsibilities for permitting. plan review and inspection of facilities that are currently reviewed by state agencies. In addition, the bill provides for a statewide product evaluauon system, disciplinary consequences related to material code violations and repeals some of the current statutes applicable to building codes on January 1, 2101. Action: Call David Rambo at the League ofAee if you have any questions or would like a copy of the bill. (Rambo) Skateboard Parka Liability HB 3499 (Futch) and SB 820 (Kurth) provide immunity for governmental entities for skateboarding. rollerblading and freestyle bicycling accidents which oecw on public property designated as skateboard parka. The purpose is to encourage governmental owners or lea&= of property to make land available to the public for these type activities. HB 3499 was voted favorable as a community substitute on March 19, 1998 from House Civil Justice and Claims, and is awaiting floor action. SB 820 has been referred to the Senate Commtuuty Affairs, Governmental Reform and Judiciary Committees. Action: Contact your legislators and urge their support of this legislation which will enable municipalities to provide needed new public park facilities for our youth. (Rambo) A T -A- GLANCE UPDATE (CS = Committee Substitute) *Beach Renourishment (Support) CSIM 3427 - Passed House Environmental Protection as a CS, now in General Government Appropriations SB 882 - Referred to Senate Natural Resources Brownflelds (Monitor) CS /SB 1202 - Passed Senate Community Affairs; now in Ways and Means CS /SB 1204 - Passed Senate Community Affairs; now in Ways and Means Certificates of Public Convenience and Necessity (Support) HB 2041 - Referred to Health Can Standards and Regulatory Reform SD 1474 - Withdrawn from farther consideration Legislative Bulletin Florida League of Cities Ise. Page 5 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum wc.A� Meeting Date: M , Subject/Agenda Item: Developer's Agreement - "The Commons" Recommendation /Motion: Staff recommends approval of the agreement which allows PUD processing concurrently with land use change. ' Reviewed by: Originating Dept: Costs: $ 0 Council Action: City Attomey `L� Planning Division Total [ J Approved _J ACM $ Q ( J Approved wi owwwom Current FY Other N/A [ ] Denied ! Advertised: Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: ' Paper: [ ] Other N/A Resolution 19, 1998 'The Commons' Developer Agreement Submitted by: [ x J Not Required Growth Mgt. Lnrector ' Affected parties Budget Acct #: Approved by: [ ] Notified [ J None City Manager [ x ] Not required BACKGROUND: This is a request to process PUD petitions simultaneously with small -scale land use amendments. (These are actually three separate petitions.) Typically, staff reviews comprehensive plan amendments on the merits of the land use itself, without wanting to see specific site plans. In this case, because Mixed Use Development (MXD) land use is being requested, staff feels that the site plans help justify the requested land use designations. By concurrently processing the PUD petitions, it can be seen how the mix of uses will be integrated, not only within the project itself, but with the surrounding existing neighborhoods. In order to process concurrent PUD petitions, Resolution 148, 1996 requires that a developer's agreement be approved between the City and petitioner. Page 2 Staff Report Council Direction: At the February 19, 1998 meeting, the Council postponed consideration of this request until March 19, 1998. In the interim, staff has held a public information meeting to explain the City's planning and zoning processes to the residents interested in The Commons petitions. LW* pm v 0 to . . . -A 17" rW7777�N=77P ilWAIIIIIIIII& MONOR A BLVD. ,w '.j RESOLUTION 19, 1998 February 17, 1998 March 30, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY AND CHANNING CORPORATION XXX CONCERNING LANDS OWNED BY THE MACARTHUR FOUNDATION ALONG PGA BOULEVARD AT AVENUE OF THE PGA AND HICKORY DRIVE, KNOWN AS "THE COMMONS" PARCELS 1, 2 AND 3; PROVIDING AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE SUCH AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Resolution 148, 1996 prevents the Growth Management Department from receiving or reviewing concurrent petitions for development approval unless the City Council approves same through a Development Agreement; WHEREAS, the City has received a request from Channing Corporation XXX for concurrent processing of PUD petitions together with Comprehensive Land Use Plan change petitions filed December 1, 1997; and WHEREAS, the City Council has determined that concurrent review of PUD petitions will result in a more comprehensively planned project in this instance. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1_ The Development Agreement between the City of Palm Beach Gardens and Channing Corporation XXX concerning lands owned by the MacArthur Foundation along PGA Boulevard at Avenue of the PGA and Hickory Drive, known as "The Commons" Parcels 1, 2 and 3, a copy of which is attached hereto and incorporated herein as Exhibit "A ", is hereby approved. ection 2. The Mayor and City Clerk are hereby authorized and directed to execute said Development Agreement on behalf of the City of Palm Beach Gardens. Section 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF ATTEST: LINDA V. KOSIER, CMC, CITY CLERK MAYOR 1998. APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: CITY ATTORNEY Resolution 19, 1998 Page 2 VOTE: AYE NAY ABSENT COUNCILMEMBER RUSSO COUNCILMEMBER FURTADO COUNCILMEMBER JABLIN COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO M DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ( "Agreement ") made this day of January, 1998, pursuant to Section 163.3220, Florida Statutes, by and between the CITY OF PALM BEACH GARDENS, a Florida municipal corporation ( "City ") whose address is 10600 North Military Trail, Palm Beach Gardens, Florida 33410, and CHANNING CORPORATION XXX, a Florida corporation ( "Channing") whose address is 4214 Northwest 60th Drive, Boca Raton, Florida 33496. RECITALS: WHEREAS, the City is empowered to and authorized to enter into this Agreement, pursuant �o Sections 163.3220 and 163.3243, Florida Statutes; WURRRAS, The John D. and Catherine T. MacArthur Foundation, an T11inois not - for -profit corporation, whose address is 4400 PGA Boulevard, Suite 900, Palm Beach Gardens, Florida 33410 ("Foundation") has consented to this Development Agreement as the owner in fee ---ple of the Subject Property, which is described on Exhibit "A" attached hereto and made a part hereof; WHEREAS, Charming desires to submit an Application for concurrent processing of PUD Approval Applications for residential and mixed uses within the Subject Property together with the Comprehensive Land Use Plan ( "CLUP ") Amendment Petitions filed December 1, 1997, which uses are identified on the map orlillustration attached hereto as Exhibit 'B ". WHEREAS, Channing acknowledges and agrees that the review and approval of the CLUP Amendments must occur prior to, or concurrent with approval of the aforementioned PUD Approval Applications; WHEREAS, Charming acknowledges that the City shall not commence concurrent processing of PUD Approval Applications unless and until the CLUP Applications are deemed sufficient and are otherwise found complete by the City; WHEREAS, Channing acknowledges and agrees that such concurrent processing is proceeding and is contingent upon the final approval by the City Council of the CLUP Applications and that the Site Development Order for the PUD Approval Applications must be consistent with such actions, and that the PUD Approval Applications will not be approved before final action is taken by the City Council regarding the CLUP Applications and small -scale amendment appeal period pursuant to 163.3187.2C has expired; WHEREAS, the City and Channing acknowledge and agree that concurrent review of thePUD Approval Applications will result in a more comprehensively planned project, as more partic»inrly set forth herein, and that allowing such concurrent review is in the best interest of the City and Channing-, WHEREAS, the City finds as a matter of fact, that processing of the concurrent PUD Approval Applications with the CLUP Applications is consistent with Resolution 148, 1996 of the City of Palm Beach Gardens, Florida; SSH (02/10/98) A:\CHANN1NG\DZV3L0Pkr.xw-AM.XXX 1 NOW, THEREFORE, the City and Charming for Ten Dollars ($10.00) and other good and valuable consideration, including the terms and conditions of this Agreement, the receipt and sufficiency of which is hereby acknowledged by each, hereby agrees as follows: 1. RECITATIONS. The recitations, statements and agreements set forth above are acknowledged by the City and Channing to be true statements and agreements, and correct, and are incorporated as a substantive and material part of this Agreement. 2. CONCURRENT PROCESSING. The PUD Approval Applications shall be reviewed and processed concurrently with the CLUP Applications for the Subject Property. No other PUD Approval Applications shall be concurrently processed with the CLUP Applications, except with the prior approval of the City Council. 3. PUD APPROVAL APPLICATIONS, The PUD Approval Applications shall include all those items required pursuant to $ 118 -60 (4) of the City's Land Development Regulations. 4. TERM. This Agreement shah continue for a period of twenty four months unless earlier terminated either by Foundation pursuant to the consent provisions set forth below, or by the City in the event Planning and Zoning issues remain unresolved in the concurrent processing of the CLUP Applications and the PUD Approval Applications after the expiration of the twenty four month period. 5. IPARC: Additionally, should a formal written objection to the CLUP Applications be filed through IPARC (Intergovernmental Plan Amendment Review Com- ittee) pursuant to that Interlocal Agreement entered into by the City pursuant to Resolution 81, 1993, concurrent processing will terminate pursuant to terms of Resolution 148, 1996 until such time as the formal written objection has been withdrawn or resolved. 6. COMPLIANCE: Channing acknowledges and agrees that concurrent processing as approved by the City Council shall at all times be contingent upon compliance with all provisions of Resolution 148, 1996 and that failure to so comply with said Resolution shall result in termination of concurrent processing. 7. AMENDMENTS. This Agreement may be amended only by mutual written consent of the parties. 8. SUCCESSORS IN INTEREST. This Agreement and any rights and responsibilities hereunder are binding and inure to the benefit of the City, Channing and Foundation, as well as their respective successors and interests, and assigns. 9. RECORDING. After the City Council has approved this Agreement, the City shall cause the Agreement to be recorded with the Clerk of the Circuit Court in Pal— Beach County. Channing will be responsible for the costs of recording same. 10. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida and judicial review and jurisdiction of any actions between the parties to this Agreement shall be in Palm Beach County, Florida SSM (02/10/98) As \CHAMZ= \D sVXL0pMW" AGR.XXX 2 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of January, 1998. - ATTEST: " Linda Kosier, City Clerk City Attorney Approved as to form and legal sufficiency WITNESSES: Print or Type Name I Print or Type Name SSA (02 /20 /9e) As \CHANNING \DBVSIpH=T A=.Z%% 3 CITY" CITY OF PALM BEACH GARDENS, FLORIDA By: Joseph Russo, Mayor "CHANNING CORPORATION XXX" CHANNING CORPORATION XXX a Florida corporation JOEL U ANNING Its: President G Er CONSENT THE JOHN D. AND CATHERINE T. MacARTHUR FOUNDATION, an Minois not - for -profit corporation ("Foundation") hereby consents to this Agreement, as owner in fee simple of the Subject Property subject to the right of Foundation to terminate this Agreement upon thirty (30) days written notice to City and Channing in which event all zoning and/or other land use applications being processed by City with respect to the Subject Property shall be deemed withdrawn. WITNESSES: Print Name Print Name "FOUNDATION" THE JOHN D. AND CATHERINE T. MacARTHUR FOUNDATION, an Illinois not - for - profit corporation By: Its: t STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, appeared [ ] personally to me known or [ ] who has produced as identification and acknowledged to me to be the person described in and who executed the foregoing instrument. 199 WITNESS my hand and official seal in the County and State aforesaid this day of ' (seal) SSM (02/10/98) A: \CSAN=NG \DEVffiAPMffiPr A=. XXX NOTARY PUBLIC Print Name of Notary Commission No. My Commi--Qion Expires 4 STATE OF FLORIDA COUN'T'Y OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, appeared [ ] personally to me known or [ ] who has produced ' as identification and acknowledged to me to be the person described in and who executed the foregoing instrument. 199 WITNESS my hand and official seal in the County and State aforesaid this day of , NOTARY PUBLIC (seal) Print Name of Notary Commission No. My Co*m i—lon Expires C STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERT'IF'Y that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, appeared. [ ] personally to me known or [ ] who has produced as identification and acknowledged to me to be the person described in and who executed the foregoing instrument. , 199 WITNESS my hand and official seal in the County and State aforesaid this day of , ' NOTARY PUBLIC (seal) Print Name of Notary Co— ission No. My Co-rnksion Expires SSx (02/10 /9e) A: \CHANNING \DZVXWPMM AGR.XXX 5 THE COMMONS Parcel l LEGAL DESCRIPTION December 01, 1997 A parcel of land situate in Section 11, Township 42 South, Range 42 rnurncipallimits of the City of Palm Beach Gardens, Palm Beach County tFlorid1a, and the being more particularly described as follows: Bounded on the North by the South right-of -way line of P.C.A. Boulevard: bounded on the East by the West line of that certain porcel of land described in Official Records Book 2539, at page 93, public records of Palm Beach County, Florida: bounded on the West by the East right of way line of Avenue of the P.G A. as shown on the Plot One of Hansen-JOHN D. AND ICATHERINE T. MACARTHUR FOUNDATION, according to the plot thereof recorded in Plat Book 64 at pages 67 through 81. and bounded on the South by the following described line. commencing at the northwest corner of that said parcel of land described in Official Record Book 2539, Page 93. thence South 01° 37'27" West along the West line of said parcel described in Official Record Book 2j29, rage 93 a distance of 419 97 feet. thence North 88° 21'42^ West a distance of 100.00 feet: thence South 62° 51'08" West a distance 'of 110.00 feet. thence South 88° 27'07" west a distance of 141.77 feet. thence North 22° 30'17" West a distance of 192 57 feet. thence North 88° 22'33" West a distance of 115.00 feet to a point on the East line of said Avenue of the P G.A Containing in a115.188 ocres mc,re or less. ]�IT "A" Page 1 THE COMMONS Parcel 2 LEGAL DESCRIPTION December 01, 1997 1 , oarcelof land lying in Section 11, Township 42 South, Ronge 42 East. Palm Beach CGunty, Florida, being more particularly described as tollors Commencing Ot the northeast Carrier of Sala Section 11. thence North 28' West along the North line of sold Section 11 (the North line of said Section 11 is assumed tc bear North 88.22.33•• West and all other bearings stated herein are relative Su thereto) o distance of 169.87 feet: thence departing sold section line South Ol• 37'27' West o distance of 60.00 feet to a point on the North right -of -ray line of P C A Boulevard and the POINT OF BEGINNING of the hereinafter described oarcelof land: thence South 01' 31.22•• West parallel with the East line of said Section 11 a distance of 169 61 feet to a point on the West right- of -.ay line of Hickory Orive as shorn recorded in Plot Book 77, Pages 122 and 123. Public Records of Palm County. Florida, sal on the plat thereof. Point t lying on a curve concave to the Beach et central ongl 75-06-11" and a radial begang East, * 16'5 °radius a 1e feet, r along the arc Of Said curve a distance of 1 °f South 34.16'50" East: thence southerly curve concave to the 57 30 feet to d point of compound curvature of a thence southerly ast.hovm- a radius of 35120 feet and o central angle of 02.40'37", r ht of-r y y along the arc of said curve a distance of 16 41 feet: thence departm9 sold '9 o line North 88' 2:'33" West a distance of 517 64 feet to a point on th_ East line of a parcel of land described m Official Record Book 2539. Pace 103. Public Records of Palm Beach County, Florida, thence North 01. 37'33" Cast along the East line Of said parcela distance of 315 00 feet to the northeast corner of 3,31d 98.22'23" East along the South rigqht - °I -ray tine of P Parcel. thence South 552 74 feet to the POINT OF BECINNING C a Boulevard a distance cl Containing in all 3 988 acres more or less IMIMIT "A" Page 2 It W THE COMMONS Parcel 3 LEGAL DESCRIPTION December 01, 1997 A parcel of land lying in Section 12. Township 42 South. Range 42 East. Palm Beach County. Florida. being more particularly described as follows. Commencing at the northwest corner of sate Section 12• thence South 88'.3-35" East along the North line of sold Section 12 (the North line of said Section 12 is assumed to bear South 88' 37'35" East and all other bearinas stated herein ore relative thereto) a distance of 29.82 feel. thence departing said Section line South 01. 22'25" West o distance of 60 00 feet to the point of intersection of the South right-of -way line of P G A. Boulevard with the East right- of--oy line of Hickory Drive occordinq to the plot thereof. recorded in Plot Book 77, Po9es 122 and 123. Public Retards of Palm Beach County. Floridgp: thence South 88' 37'35" East along the South right -of -way line of P G A. Boule4(Ard a distance of 1799.64 feet to he northwest corner of a parcelof land described in Official Record Book 3615. Page 1717 Public Records of Palm Beach County. Florida. thence South 01' 33'39" West olor9 the West line of said parcel distance of 172 87 feet: thence South 67' 37'39" Wes. a distance of 335 09 feet to the point of Curvature of J curve Concave (0 the Nort1 having o radius of 95 00 feet. and a central angle of 32100'00": thence westerly alone the or= of said curve a distance of 53 06 feet to the point of tangency. thence North 80' 2-- 21" West a distance of 300 00 feet to the point of Curvature of a culve concave to the North. having c radius of 95 00 fee'. and a central anale of 25' 26'00 ". thence westerly along ;he arc of sal, ;urve a distance of 42 17 feet to the Point of tonaency: thence North 54' 5E'21" West a distance of 155 04 feet. thence South 89' 13'39" West a distance of 648 74 feet. thence South 01' 31'35" West a distance of 25 02 feet to a North boundary corner of P G A National Golf Club Estates. as recorded in Plat Book 27. Poges 206 and =07, Public Records of Palm Beocr. County. Florida. thence continue South 01' 31'35" West mono the West line of said plot a distance of 38 81 feet. thence North 88' 28'25' West o distance of 326 73 feet. thence North 01• L1*22- East a distance of =58 09 feet to the POINT OF BEGINNING ':ontaining in a119 600 acres more or less PUNFI/C Page 3 t;, . r, �r H• �d .. ,, )IUL'lU Wi i, }.- F L, 1.,,::,, b IIU 1 1 llP 11 d 51 '41 Ila : t 1:�3i�.N4l 7 f`.f11SG��� �Y•JO�,J]A hr',` cl a Q c>3 C _ C 4 - - m -man 49 s r in � f 1 f� �f R r' R �r Z cc rK�1h UNUHN LL�Ibll ;IUC,1U WNt U1,19,Ilu e'i:5S MU, N, Z r ue c I, n i .f SJ t t t •t a +i tId[t.) �rauty �,7�t�bulrPJp`,J�n w _ w I� M � !� R wa LW f ( L - -L W 14 V in I y � / r 1 1 � clr:w.►�aµyeelal.� IL t r i s I 1 i — i Li Tall' tf s I I' I l I 11 Q 111 I _ i J r x to r- d CL ar a m N 411 I�q 1U J`•.1'� � '� '11►t I � :I'R '«1'h i'�k t� _1 j CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: March 5, 1998 Subject/Agenda Item First Reading: Petition TX's -97 -Q1 Outdoor Seating Ordinance, by City of Palm Beach Gardens Staff, to amend the City's Land Development Regulations to allow for outdoor seating and dining areas within nonresidential and residential districts, excluding single family homes. Recommendation /Motion: Staff recommends City Council approves Ordinance 5, 1998 on its first reading. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Finance NA $ ( ] Approved wdoondrea„ ACM Current FY [ ] Denied Human Res. NA Other NA Advertised: Funding ource: g I [ ]Continued to: Date: [ ] Operating Attachments: ' Paper: [ ] Other Ordinance 35, 1998 I ' Submitted by: [ ] Not Required Growth Management Affected parties Budget Acct. #:: Director ' Approved by: ( ] Notified [ ] None City Manager [ ] Not required BACKGROUND: Staff is requesting that the City amend its Land Development Regulations to allow for outdoor seating areas for the purpose of outdoor dining. The need to address outdoor seating areas in the City's Land Development Regulations derives from a code enforcement issue, in which several area restaurants were cited for and warned about illegal dining areas located outside of buildings. 1 Currently, the only reference made to dining facilities by the City's Land Development Regulations is a definition of "Restaurant" in section 78 -2, which is as follows: "means an establishment where food is ordered from a menu, prepared and served for pay primarily for consumption on the premises in a completely enclosed room, under the roof of the main structure or in an interior court. A drive -in restaurant as defined in this section is not a restaurant. A cafeteria shall be deemed a restaurant." In addition, the City's CG -1 (General Commercial) zoning district, where the majority of the City's restaurants are located, has a requirement that "sales, display, preparation and storage is to be conducted within a completely enclosed building ... (Section 118- 206(h))" These two code provisions prohibit outdoor seating and specifically dining as a use within the City. However, it should be noted, that some outdoor seating was approved as part of a site plan approval. For example, the Waterway Cafe was approved with outdoor seating as part of its site plan approval. Staff recognizes that businesses, restaurants, employers and customers desire to provide outdoor seating, particularly in light of the favorable climate for outdoor activities. While staff has an interest in allowing for outdoor seating, it also has concerns regarding this type of activity. Such concerns have led the City to develop an ordinance which would allow for outdoor seating while protecting the health, safety and general welfare of the public. Major concerns to staff regarding outdoor seating include: (1) Parking. The provision of outdoor seating, particularly that of restaurants for the purposes of outdoor dining, may create an expansion of a business' use, therefore expanding the need for parking. Lack of regulation of outdoor seating could allow for businesses to expand their use without demonstrating that adequate parking will still be provided. (2) Public safety and accessibility. The location of furnishings associated with outdoor seating in common open spaces and pedestrian walkways presents safety and accessibility issues regarding pedestrian access, persons with disabilities, emergency services, and natural disasters. Lack of regulation of outdoor seating could lead to violation of federal and state accessibility laws, property damage and personal injury. (3) Nuisances. The intent of the ordinance is to regulate the activities taking place within outdoor seating areas so there will be no interference with the enjoyment and use of property. The proposed ordinance includes provisions for maintaining areas in a clean and safe condition at all times and prohibiting encroachment upon other tenant spaces without their consent. At its July 17, 1997 meeting, the City Council had several concerns regarding outdoor seating, including limits of administrative approval, color compatibility, and encroachment into adjacent tenant space. Staff has revised the ordinance to address these concerns. The proposed ordinance would require outdoor seating in which food and/or beverage are served (waiter service) to be approved by the Planning and Zoning Commission/Site Plan and Appearance Review Committee and City Council by site plan approval or Planned Unit Development amendment. Outdoor seating without waiter service and enlargements to previously approved 2 outdoor seating areas may be administratively approved by the Growth Management Director or her designee. Specific standards and limitations are also proposed to be placed on outdoor seating areas. Those are: Outdoor seating must be arranged to allow not less than six (6) feet adjacent to every seat and table. Six (6) feet must be left for all passageways. Outdoor seating shall not encroach on any sidewalk, passageway or other property of any other person or business unless the petitioner receives written consent of the other person or business and is administratively approved by the City. Outdoor seating shall not occupy any area designated for parking. Outdoor seating areas shall be separated from other areas by fencing, planter boxes or other approved divider. Outdoor seating shall be compatible in color and style with the exterior of the building and shall not contain any sign, lettering or advertising. However, menu boards are allowed and regulated in the draft ordinance. Food and beverage service in an outdoor seating area would be prohibited between 10 p.m. and 7 a.m. from Sunday through Thursday and between 11 p.m. and 7 a.m. Friday through Saturday. No music or other performances of any kind, live or recorded, are permitted with any outdoor seating area. Outdoor seating which increases the total number of seats of an establishment shall provide additional parking to meet the need created by the additional seats. Outdoor seating which does not increase the total number of seats available for an establishment will not be required to provide any additional parking spaces. Proposed and existing, but unapproved, outdoor seating areas would have to conform with the standards and limitations in the code. 3 March 18, 1998 ORDINANCE 5, 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF SECTION 78 -2 OF THE CODE OF ORDINANCES, ENTITLED "DEFINITIONS," BY AMENDING THE DEFINITION OF "RESTAURANT" AND BY ADDING A DEFINITION OF "OUTDOOR SEATING "; PROVIDING FOR ENACTMENT OF SECTION 110-44 OF THE CODE OF ORDINANCES, ENTITLED "MENU BOARDS "; PROVIDING FOR AMENDMENT OF SECTION 118-44 OF THE CODE OF ORDINANCES, ENTITLED "ADMINISTRATIVE AMEND- MENTS TO APPROVED DEVELOPMENT PLANS," BY ADDING A PROVISION CONCERNING "OUTDOOR SEATING "; PROVIDING FOR ENACTMENT OF SECTION 118 -311 OF THE CODE OF ORDINANCES, ENTITLED "OUTDOOR SEATING"; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens presently does not contain any provisions regulating the manner in which outdoor seating may be provided and utilized by restaurants, hotels, and other businesses within the City; WHEREAS, the manner in which outdoor seating is provided and utilized generally affects the health, safety, and welfare of residents of the City and specifically affects the health, safety, and welfare of patrons and customers of restaurants, hotels, and other businesses within the City; and WHEREAS, the City Council has determined that it is necessary to protect the health, safety, and welfare of City residents and others who patronize the restaurants, hotels, and other businesses within the City by regulating the manner in which outdoor seating may be provided and utilized. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Section 78 -2 of the City's Code of Ordinances, entitled "Definitions," is hereby amended by amending or inserting, in alphabetical order, the following terms and definitions (added words underlined; deleted words struck-): Outdoor seatinq means the chairs, stools, benches, and other furnishinqs which are designed primarily for a person to sit upon, located outside the walls of a buildinq in which a restaurant, lounge, hotel, or other commercial business, establishment, or institution is beinq operated, and includes all other furnishinqs similarly located for use in conjunction with such seating, such as tables, umbrellas, menu boards, service carts, and decorative items. Restaurant means an establishment where food is ordered from a menu, prepared and served for pay primarily for consumption on the premises in a completely enclosed room, under the roof of the main structure, or at outdoor seating adjacent to the main structure or in an interior court surrounded on all four sides by the main structure. An establishment where food is prepared or served for pay, but not primarily for con- sumption on the premises, includinq a drive -in facility rat as defined in this section, is not a restaurant. A cafeteria shall be deemed a restaurant. SECTION 2 Section 110 -44 of the City's Code of Ordinances is hereby enacted, as follows. Sec. 110 -44. Menu boards. (a) A menu board is a removable sign used to inform the public of the list of dishes or foods available in a restaurant along with the corresponding prices, and may Ordinance 5, 1998 Page 2 include other information about the restaurant such as its telephone number, hours of operation, and acceptance of credit cards. (b) A menu board must be constructed of durable material, such as wood, metal, or plastic, and may not be constructed of paper, cardboard, pressboard, or similar material. (c) A menu board may have one face, or may have two faces of identical size, and may be constructed as a sign mounted on a pole or as a sandwich -board type sign. (d) A menu board shall not be more than five feet high, measured from the ground, and shall not be more than three feet wide (e) A menu board must be stored within the restaurant using it whenever the restaurant is closed to the public (f) One menu board may be displayed by a restaurant which has outdoor seating, unless the restaurant has two or more outdoor seating areas which are separated by a wall at least six feet high or which are otherwise not visible from each other, in which case one menu board may be utilized or displayed in each separate outdoor seating area of the restaurant. SECTION 3 Section 118-44 of the City's Code of Ordinances is hereby amended, as follows (added words underlined; deleted words struck-): Sec. 118 -44. Administrative amendments to approved development plans. Under this article, minor amendments to approved development plans may be approved by the Growth Management Director in consultation with other city staff, as appropriate. The following types of amendments shall not be considered minor and shall require formal review by the Planning and Zoning Commission /Site Plan and Appearance Ordinance 5, 1998 Page 3 Review Committee and /or City Council as required for development approval in this chapter. (13) Any amendment to existing uses which would create or add outdoor seatinq that involves the service of food or beveraqes of any kind within the outdoor seatinq area, enlarqe the area for such outdoor seatinq with service by more than five percent of the outdoor seatinq area, or materially alter the character of such outdoor seatinq. SECTION 4. Section 118 -311 of the City's Code of Ordinances is hereby enacted, as follows: Section 118 -311. Outdoor seating. (1) Applicability. Outdoor seating shall be permitted as an accessory use to a building in which a restaurant, lounge, hotel, or other commercial business, establishment, or institution is operated, provided that: (a) The outdoor seating area is immediately adjacent Sind cci ntiguous to, and has direct access through a doorway to, that portion of the restaurant, lounge, hotel, or other commercial business, establishment or institution which is inside the building; (b) The outdoor seating is located on property which is either owned or leased by the adjacent restaurant, lounge, hotel, or other commercial business, establishment or institution; (c) The outdoor seating can be accommodated without impeding the access of the general public, including persons with disabilities, to the portion of the Ordinance 5, 1998 Page 4 restaurant, lounge, hotel, or other commercial business, establishment or institution which is located inside the building, or to any other commercial business or other use within the same building; and (d) The outdoor seating can be accommodated without creating a need for additional parking spaces which could not be provided on the same site as the building for which the outdoor seating would be an accessory use or would create a non - conforming status for existing parking provided for such building. (2) Permitting process. An applicant for approval of outdoor seating may include the proposed outdoor seating as part of an overall application for a development order, or may seek amendment of an existing development order to allow for outdoor seating, pursuant to the applicable provisions of this Code. Every application involving outdoor seating shall include the following, in addition to and not in place of anything else which may otherwise be required by any other provision of this Code: (a) A list of the names and addresses of every other occupant of the same building and every other owner and tenant of property within 500 feet of the property for which outdoor seating is proposed, together with certification that a notice was mailed to each such occupant or owner stating that the applicant has requested approval by the City for outdoor seating. (b) A site plan, drawn to scale, which shows at least the building for which outdoor seating will be an accessory use, the location of the restaurant, lounge, hotel, or other commercial business, establishment or institution which will use the outdoor seating, the location of the outdoor seating and all related fencing, screening, or dividing materials, the location of any sidewalks or other pedestrian Ordinance 5, 1998 Page 5 walkways or passageways which are adjacent to or will be affected by the outdoor seating, and the location of all existing or additional parking for such building. (c) A copy of the written consent of any person or business who owns or leases any property, including any sidewalk or other public passageway, which would be encroached upon by the outdoor seating, which consent shall include indemnification of the City for any liability for personal injury and property damage due to the approval or existence of the outdoor seating. (d) Photographs, renderings, or samples showing the style and color of all furnishings, menu boards, and fencing, screening, or dividing material to be used for or in conjunction with the outdoor seating. (3) Conditions of outdoor seating with the following conditions: Outdoor seating shall comply at all times (a) Outdoor seating shall be arranged, when in use, in a manner that allows a pedestrian walkway of not less than 6 feet in width adjacent to every seat and table. (b) Outdoor seating located on a pedestrian walkway which provides access to more than one occupant of a building, as in a shopping center, shall be arranged, when in use, in a manner that maintains a straight passage of not less than 6 feet in width immediately adjacent to, but not through, the outdoor seating area. (c) Outdoor seating shall not encroach upon any sidewalk, passageway, or other property of any other person or business., uni.ess such ancroac`miant is Ordinance 5, 1998 Page 6 if vv I LI I ii i� �ivi iii2`ri i vi I i Nei wi vi `JUQii ic�� ai iu iS aui i iii iiQU oii V—G:Y approved by this vih.y. (d) Outdoor seating shall not occupy any area designated for parking. (e) For uses located in shoppinq centers or which share a common wall with another use, outdoor seating which is not located within an inner court, and which is used for the service of food or beverages of any kind within the outdoor seating area, shall be physically separated and visually distinct from any immediately adjacent public passageway or walkway by means of approved fencing or screening material which is not less than 3 feet in height, by means of one or more planter boxes and other plant containers, by means of some other approved divider, or by any combination of such means, but not including tables, chairs, or other seating. (f) Outdoor seating shall be compatible in color and style with the exterior of the building and shall not contain or have affixed to it any sign, lettering, or advertising of any kind, except for menu boards and small labels permanently affixed to the furnishings in order to identify ownership for security purposes. (g) Outdoor seating shall be stored in a secure manner inside a `vui�uiiy, W ai h applicable, whenever the restaurant, lounge, hotel, or other commercial business, establishment or institution using it is closed to the public. (4) Limitations on use. Except for outdoor seating located in an inner court: (a) All sales and service of food and beverages in an outdoor seating area are prohibited between 10:30 P.M. and 7:00 A.M. from Sunday through Thursday, and between 11:00 P.M. and 7:00 A.M. from Friday through Saturday. Ordinance 5, 1998 Page 7 lN! I9v I I Iu.7w VI VU V=I VVI Iul II Ia1 R,CiJ VI ally I II lu, IIvCr vI IGWI uGu, JI IaII LJIU " " "''" ` �� Outdoor seating areas shall be in t.,Gl t,,ILLGU YYILI 1111 al 1y VUIUVVI jGatll ly al Ga. g compliance with the City's noise regulations. (5) Parking requirements. Outdoor seating which increases the total number of seats available at a restaurant, lounge, hotel, or other commercial business for the service of food or beverages of any kind shall be considered an expansion of use which requires additional parking, and such outdoor seating shall be included in any calculation of the total number of seats provided by the restaurant, lounge, hotel, or other commercial business. 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. 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 7. All ordinances and resolutions of the City, or any part thereof, which are in conflict with this ordinance are hereby repealed. SECTION 8. This ordinance shall be effective 30 days after it is adopted. PLACED ON FIRST READING THIS DAY OF APRIL, 1998 PLACED ON SECOND READING THIS DAY OF , 1998. PASSED AND ADOPTED THIS DAY OF , 1998. Ordinance 5, 1998 Page 8 , . I . JOSEPH R. RUSSO, MAYOR LAUREN FURTADO, VICE MAYOR ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY: VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCIL MEMBER SABATELLO COUNCIL MEMBER JABLIN COUNCIL MEMBER CLARK P \CP \HIST0RY \1090 \39 DOC(319 059) Ordinance 5, 1998 Page 9 CARL SABATELLO, COUNCIL MEMBER ERIC JABLIN, COUNCIL MEMBER DAVID CLARK, COUNCIL MEMBER APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY AYE NAY ABSENT MAR -23 -98 17.31 FROM.BECKER&POLIAKOFF If tD *4074832 *9987 Bmm & POLUtOPF P.A. SAO Amtrahm Avenue South Clmrlake plaza - 9th Floor West Patin Bench, FL 33401 EACSIMIL_F_. COVER SHEET Our Fax # 561 -832 -8987 DATE: March 23, 1998 (21* Coc,c.vt Q l RECIPIENT: Df 0�.Im J, , RECIPIENT'S FAX NO: 775 -1014 CLIENT/MATTER: Office FROM: Karen E. Roselli, Esq. PACE eo 14`10 TOTAL NUIIZBER OF PAGES: Kem 6t5 (includes this cover shut} — 6W--C� ca�-dens PHONE NO: (561) 655 -5444 RE: Longwood Condominium Associadolt, Inc. MESSAGE: D� ' a/f you do not r ®ceiy@ of , or jf you have any other dotficu/ties with this Olrsmissicn please ca11561- 655 -5444. The information contained in this transmission rs attorrmey pnvilegsd and confidential information intended Only for tl'° use or t1fle individual pr entity named above. ff the reader of this message is not the intended recipient, or Zhe employee or agent responsible to deliver it to :fte intended recipient you are hereby notified that auty dissemination, distrbrltion or copying of this communication xs stricZy prohibited /f you have 1100 &ed this cpmrtxi�rion In error 0111 POSW nnmedrate/Y notify us by to/ephone and reairn the original message m us at the above address via the U.S. Posts/ Se1v /ce. THANK YOU. - sxw+rwwr ;wwaarw+ts�► war+ er* wwsawxss+►* awwwww�rirw+ ��rww+ r+►�►w�►ww�r+►+rswwa ;M+►•wwaa ** Operator wou 0 Accounting Copy Sender's Copy Office Copy 1/11 R Am W- C- -4, MAR -23 -98 17 31 FROM-BECKER &POLIAKOFF ♦daunis=ive 00ice- 3111 Sliding Road Ft. Lauderdi• le. n 33312 FL Toll Fr- . (90) f32•i 12 Boca Racon. Ckaraater Ft V"CM Melbourne K}ami IC.4O7 +832 *8987 Low OPOICES 8 ECKE R & POL, IAKOFF, P.A. 500 tun 342n Avenue South. 9th Floor Wept Palm Beach, Florida 33.401 Phone (561) 655.5444 Fax: (561) 352 -89137 FL Toll Free- (8W) 462? "8; irternet- http:�raa'v- Becker- poliakofrcom Yapet dui IFACSaMIT ;F - 775-82AA Oriando AND U.S. mmy, March 23, 1998 Port Chuioac- x Pam Mayor Joseph Russo Sam= 48 Somerset Terrace Taliat+2t+M Palm Beach Gardens, Florida 33418 PACE Reply To. Wes[ Palm Be&* City Ofp �q &,v, GIsse j01VIft ?amps a� P* >3 Re: Resolution 19, 1998 '6 Dear Mayor Russo: onk-es The law firm Becker 8t Poliakoff, P-k represents the Longwood loft• Condominium Association, Inc., which is located on the Avenue on the PGA, Republic and is comprised of 126 units. The Association has serious reservations and ;f Chiu concerns about the proposed mixed -use development project known as "The �h Republic Commons" comprised of parcels 1, 2, and 3, located alone PGA RouiAv2.i r �M sw,aerisnd 'IL-P AvcuuC ur we .ruA and Hickory Drive. Resolution 19, 1998, which is on the agenda for the City Council meeting scheduled for April 2, 1998, authorizes and approves a Development Agreement between the City of palm Beach Gardens and the arming Corporation XXX, concerning 'The Commons" project, and provides for the concurrent processing of PUD petitions, together with an application for a Comprehensive Land Use Plan Amendment. The application for a Comprehensive Land Use Plan Amendment was filed by the developer in December 1997; the applications for the PT-TD approval have yet to be filed. The Association does not object to the concept of concurrent processing of these applications generally, however, in this Particular instance, there is good cause for the processing of the Comprehensive Plan Amendment to be segregated from the PUD applications. 2.,e 1 I , MAR -23 -88 17-32 FROM.9ECKER&POLIAKOFF i ID•407*e32.e997 PACE 3/11, The City of Palm Beach Gardens is presently in the process of amending their Comprehensive Plan and the Zoning Code provisions pertaining to mined -use districts. The current Zoning Code and Comprehensive Plan provisions pertaining to mired uses are vague, undefined, and offer little, if any, meaningful regulations and guidelines for the development of mixed -use projects. The proposed amendments are intended to more specifically define the development parameters for mixed -use districts. Consequently, in the best interest of the Ci of Palm �4 ', it is which will be directly affected y this proposed mixed -use district, particular, the residents processed under the Comprehensive Plan and Zoning Code as revised, and that they are of Processed concurrently at this time. Based upon the foregoing, the Association respectfully requests that you vote against Resolution 19, 1998, and require that the application for the Comprehensive plan Amendment be processed and approved before the City will accept and entertain any applications for PUD approval. truly N E. RO$Fi .Y t For the Firm KFR /slm cell Board of Directors 2240M Longwood Condominium Association, Inc. MAR -23 -98 17.33 FROM.BECKER&POLIAKOFF ID.407+932 +6997 PAGE q /11 Resolution 19, 1998, which is on the agenda for the City Council meeting scheduled for April 2, 1998, authorizes and approves a Development Agreement between the City of Palm Beach Gardens and the C_'_hanni cones 'The Comm ng Corporation XX3�, Of PLTD Ons project, and provides for the concurrent processing Petitions, together with an application for a Comprehensive Land Use Plan Amendment. The application for a Comprehensive Land Use Plan Amendment was filed by the developer in December 1997; the applications for the PUD approval have yet to be filed. The Association does not object to the concept of concurrent processing of these applications generally, however, in this Pear instance, there is good cause for the processing of the Comprehensive Plan Amendment to be segregated from the PUD applications. LAW OFF;C &c BECKER & POLIAKOFF R 9 *A. 5N Asst.aiian Vvenue South. 9th Floor rest P21M 8e-ach, Ronda 33401 Phony (361) 655 -5+0 Fax: (5161) 932-8987 FL Toil Free: (8M 162 -7783 Fforidaoiisees inte-ce; ht;p;,'wu� hecker- pofiaroff com Reply To: ;dminialn:rve OPfix 3111 Xining Raid Ft. Laude We. R 33312 FL Toll Free. (800) 432 -T'12 Noel Raton' WcO PWm Bead cte-A arty Ft Wen March 23, 1998 Melboume• Miztra NaplesFACSIVIILE - 775 -8244 -' gal AND U.S. NWI. Port CWcae• St. Councilperson David Clark PVCmb,4rg uFASLU 134 Satinwood Lane T,3lttJ%ce Palm Beach Gardens, Florida 33410 Tarttp3 avac >?ittrt Bach Re: Resolution 19, 1998 `"" Dear Councilperson Clark W&VIO0°USI °ffi'-S 30ps, The law firm Becker & Poliakoff, P.A. represents the Longwood Condominium Association, Inc., which is located on the Avenue on the PGA, �eaplcs Repubfic corn and is comprised of 126 units. The Association has serious reservations >t and concerns about the proposed mixed -use development project Imown 'The `erla as Commons" comprised of parcels 1, 2, and 3, located along PGA Boulevard at The Avenue of the PGA and Hickory Drive. kra, SwtOeri�rld Resolution 19, 1998, which is on the agenda for the City Council meeting scheduled for April 2, 1998, authorizes and approves a Development Agreement between the City of Palm Beach Gardens and the C_'_hanni cones 'The Comm ng Corporation XX3�, Of PLTD Ons project, and provides for the concurrent processing Petitions, together with an application for a Comprehensive Land Use Plan Amendment. The application for a Comprehensive Land Use Plan Amendment was filed by the developer in December 1997; the applications for the PUD approval have yet to be filed. The Association does not object to the concept of concurrent processing of these applications generally, however, in this Pear instance, there is good cause for the processing of the Comprehensive Plan Amendment to be segregated from the PUD applications. MAR -23 -88 17 33 FROM.BECK£R &POLIAKOFF ID•407+932 *9997 PACE '13e City of Palm Beach Gardens is presently in the process of amending mPreheusive Plan and the Zoning ding their current Zo - �$ Code provisions pertaining to mixed -� mng Code and Comprehensive plan provisions di��• The vague, undefined, and offer little, if a ��g to mixed uses are development of mixed -use ro' �', meaningful regulations and �y define the development the PropOSed amendments are guidelines lteade es for the Parameters for mixed -use intended to more in the best interest of the City of Palm Beach Garde districts. Consequently. it is Which will be directly affected by this ro �' and Pear, the residents Processed under the by Plan Proposed mined -use distri Zonis the nd applications are Processed concurrently at this time. g Code as revised, and that th eY are not Based upon the foregoing, the Association res Resolution 19, 1998, and require Pectfvlly requests that you vote against Amendment be q that the application for the Comprehensive Plan applications for Processed appro approved before the City will accept and entertain any truly yo EN E. ROSELU � For the Firm KER /slur W. Board of Directors 12"a Longwood Condominium Association, Inc. MAR -23 -98 17-34 FROM.BECKER &FOLIAKOFF 10, 407 +932 +8987 PACE 6/11 Resolution 19, 1998, which is on the agenda for the City Council meeting Scheduled for April 2, 1998, authorizes and approves a Development Agreement between the City of Palm Beach Gardens and the Chann� concerning "The CO, project, ?�S Corporation X7�, of PUD petitions, t ther with an application for a Comprehensive processing Usee together Plan Amendment~ The application for a Comprehensive. Land Use Plan Amendment was filed by the developer in December 1997; the applications for the PUD approval have yet to be filed. The Association does not object to the concept of concurrent processing of these applications generally, however, in this Particular instance, there is good cause for the processing of the Comprehensive Plan Amendment to be segregated from the PUD applications. LAW OFFICES BECKER & POLIAKOF'F, P.A. 500 Atutr_I;an Avenue South, 9th Flaor Palm &each. Florda 33401 Phone (561> 65; -1444 Far: (5611) 832 -1398- FL Toil Free (800) 462- -83 Florida Offim Internet. ilttp ,','w%"N- beCker- pohakoff com Reply Ter. AdrIIttl7itrattte GfFc„ 3111 Vr6ng load Ft Lauderdale. PC 33311 FL Ton Fret: WOO; 432 - 712 8= Raton' WCO PW= Beacit Clearwater R. Myers March 23, 1998 'UCft ne' tti = 'aples VIA_ FACSIMILE . 775-82 arl,ndo AND U.S. MAIT. Port Charlotte' SL Peersbtrrg Couneilperson Eric Jablin S== 184 Thornton Drive Tallahaz t Palm Beach Gardens, Florida 33418 Tamp, Palm Beach West Re: Resolution 19, 1998 "" ,„`°°�"°" Dear Councilperson Jablin. kt`enziowl offim The law firm Becker & PoIiakoff, P.A- represents the Longwood Condornin'um Association, 136jift& Inc, which is located on the Avenue on the PGA, and is P F� Ltepu>� comprised of 126 units. The Association has serious reservations and concerns about the proposed mixed -use development project known -The .Mh ePuNK as COMMOUS" comprised of parcels 1, 2, and 3, located along PGA Boulevard at The Avenue of the PGA and Hickory 3ern Swtaerisnd Drive. Resolution 19, 1998, which is on the agenda for the City Council meeting Scheduled for April 2, 1998, authorizes and approves a Development Agreement between the City of Palm Beach Gardens and the Chann� concerning "The CO, project, ?�S Corporation X7�, of PUD petitions, t ther with an application for a Comprehensive processing Usee together Plan Amendment~ The application for a Comprehensive. Land Use Plan Amendment was filed by the developer in December 1997; the applications for the PUD approval have yet to be filed. The Association does not object to the concept of concurrent processing of these applications generally, however, in this Particular instance, there is good cause for the processing of the Comprehensive Plan Amendment to be segregated from the PUD applications. MAP -23 -88 17.34 FROM.BECKERSFOLIAKOFF ID 407 - 832 +US97 PACE 7/71 The CYty of Palm Beach Gardens is presently in the process of amending their Comprehensive Plan and the Zoning Code provisions pertaining to mixed -use districts. The current Zoning Code and Comprehensive Plan provisions e wee, undefined, and offer little, if as P pertaining to mixed uses are devolo m•ut of y► meaninSful regulations and RuideIines for the P a3ixcd`c psujc-, - The proposed amendments are intended to more SPecific ally define the development parameters for mixed -use districts. Consequently, it is in the best interest of the City of Palm Beach Gardens, and in particular, the residents Which will be directly affected by this proposed mixed -use distric� if the Processed under the Comprehensive Plan and Zoning Code as revised, and that they are not processed concurrently at this time. Based upon the foregoing, the Association respectfully requests that you vote against Resolution 19, 1998' and require that the application for the Comprehensive Plan Amendment be processed and approved before the City will applications for PUD approval. accept and entertain any e truly you E. ROS For the Firm KER /slm cc: Board of Directors 124g Longwood Condominium Association, Inc. MAR -23 -88 17-36 FROM.BECKER&POLIAKOFF BECKE R & 1D.407 +B32 +89e7 LAW OFFICES POLIAKOF'F, P.A. Awtrahan .4renue South, 9th Floor 'Vest Palm Beach Flori,ia 33401 Phorc: (56I) 655 -5444 Fax (561) 832.898' FL TOO Free (800 461 7a3 Florida Offices Internet h1tp: /, " -w.becker- polbkoff corn Admmmriaw OPGcc 3111 &.TImS Road FL ' u4etd21c, FL 33312 PL Tod From (800) 432-7712 SOCA Balm• Fc Myen March 23, 1998 Naboum, .i,PIO VIA FACSIMIr,F . 775 -82!A Orlando AND U.S. MAIr, oK an Prl«�• P 1 ,M Vice Mayor Lauren Furtado SWASQU 4318 CreWale Street Tie Palm Beach Gardens, Florida 33410 PACE Reply To: wcd Palm >g,,& f:q pa Re: Resolution 19, 1998 Wes Prim Beach `` Dear Vice Mayor Furtado: m`°OOi� of The law firm Becker & Foliakoff, P.A. represents the Longwood Condominium Association, Inc., which is located on the Avenue on the pGA, %� RcpuClfc and is comprised of 126 units. The Association has serious reservations and concerns about the proposed mixed -use development project known as ^The Z &b Commons" comprised of parcels 1, MRepublic The Avenue of the PGA and Hickory �Dri ,e. located along "� $O�evard at M Sw�rland Resolution 19, 1998, which is on the agenda for the City scheduled for April 2, 1998, authorizes a=d p Council meeting between the Otp of Palm Beach Gardens andP he Ch nning Corporation Agreement CO°ce�g *Tbe Commons' project, and provides for thelco �entt proud of FUD petitions, together with an application for a Comprehensive Land Use Plan Amendment. The application for a Comprehensive Land Use plan Ar'''-,'M*-+'±ent was tiled by the developer in December 1997; the applications for the PUD approval have yet to be fled. The Association does not object to the concept of concurrent processing of these applications generally, however, in this Particular instance, there is good cause for the processing of the Comprehensive Plan Amendment to be segregated from the PUD applications. B /11 MAP -23 -99 17 36 FROM,BECKER &POLIAKOFF I0 � 407 +832 +699"! I PACE 9/ 1 1 The City of Palm Beach Gardens is presently in the process of amending their Comprehensive Plan and the Zoning Cock provisions pertaining to n�iJCed -use distrius, The concoct Zoning Code and Comprehensive Plan rovisions pertaining to mixed �e vague, undefined, and offer little, if any, meanie development of miv _ gf l regulations and guidelines for the P _ d use projects. The proposed amendments are intended to more in the best define the development parameters for affixed -use districts. Consequently, is the best interest of the City of Palm Beach Gardens and in arti he residents it is which will be directly affected by this proposed mixed -use district, if the app on are processed under the Comprehensive Plan and Zoning Code as revised, and that they are not processed concurrently at this time. Based upon the foregoing, the Association re Resolution 19, be 1998' and require that tha application or the Comp ehens ve Plan applications for PUD a�ppr an approved before the City will accept and entertain any For the Firm TIER /slm ec: Board of Directors 124M Longwood Condominium Association, Inc. MAR -23 -88 17-36 FROM.BECKER &POLIAKOFF lD-407 +632 +e987 PACE 10/71 Resolution 19, 1998, which is on the agenda for the City Council meeting scheduled for April 2, 1998, authorizes and approves a Development Agreement between the city of Palm Beach Gardens and the Channing Corporation concen"1,a "The Commons" project, and provides for the concurrent processing Of PUD petitions, together with an application for a Comprehensive L=d Use Plan Amendment, The application for a Comprehensive Land Use Plan Amendment was filed by the developer in December 1997; the applications for the PUD approval have yet to be filed. The Association does not object to the concept of concurrent Prig of these applications generally, however, in this Pear instance, there is good cause for the processing of the Comprehensive Plan Amendment to be segregated from the PUD applications. �, LAW OFFICES BECKER & POLIAKOFF, P.A. 51y) Aztnahan AVenUe South, 9th FIMr vast Palm Bach. F:cncLa 3.Wil Phone- (56I) 653 -5444 Fax: ( 561) e32 ,3�w, Horida OMces FL Tot; FTC.,: (&,0,) A62-7733 Inwrnet hup I,'a'ww Ncker -Po hakoff com edmle+Laralrve Office Reply T To.. 3! 11 Scu1Nx Rand F:. Luderfte. FL 33j;2 FL Toll Free: (800) ;33•%'12 Boca Ra[on- wen Pahn Beach aearazter FL Hyrrs March 23, 1998 !Melbourne .NWIi Naples nA FA j U_F - 775.82A.4 Odwwo AND U.S, MAXT. Pon eharloae- Sc. Pete -burg CounaIperson Carl Sabateilo Sara=«, 5002 'Whispering Follow Drive rallahMee Palm Beach Gardens, Florida 33410 ramp ;;;tst ftm Beach Re: Resolution 19, 19% Dear Councilperson Sabatello: Mns. The law firm Becker & Poliakoff, PA represents the Longwood Condominium Association, Inc., which is located F Coma ua,c on the Avenue on the PGA, and is comprised of 126 units. The Association has serious reservations n n and concerns about the proposed mixed -use development project known as 'The COmmOW ir"blx comprised of parcels 1, 2, and 3, located along PGA Boulevard e The Avenue of the PGA Hickory cM sate and Drive, Resolution 19, 1998, which is on the agenda for the City Council meeting scheduled for April 2, 1998, authorizes and approves a Development Agreement between the city of Palm Beach Gardens and the Channing Corporation concen"1,a "The Commons" project, and provides for the concurrent processing Of PUD petitions, together with an application for a Comprehensive L=d Use Plan Amendment, The application for a Comprehensive Land Use Plan Amendment was filed by the developer in December 1997; the applications for the PUD approval have yet to be filed. The Association does not object to the concept of concurrent Prig of these applications generally, however, in this Pear instance, there is good cause for the processing of the Comprehensive Plan Amendment to be segregated from the PUD applications. �, M• W -4J -00 J/ I J/ V Mwn I ==t_f =KarvL. l MMvr r 1 U 1 410 /.!!Jt -wtl to MAQk; 11 /11 The City of Palm Beach Gardens is presently in the process of amending their Comprehensive Plan and the Zoning Code provisions pertaining to mixed -use districts. The current Zoning .ode and Comprehensive Plan provisions pertaining to nsY,. , vague, undcfined, 'and offer littfe, if -d .uses dcvelY meanin$fu1 regulations and guidelines for the opment of mixed -use projects. The proposed amendments are intended to more specifically define the development parameters for mixed -use districts. Cone eII in the best interest of the City of Paint Beach Garde tii it is which wi11 be directly affected by this proposed mixed-use � and in particular, the residents Proccs.:ed under the Comprehensive plan and Zoningt a as revised, if the applications are Processed concurrently at this time, and that they are not Based upon the foregoing, the Association respectfully requests that you vote against Resolution 19, 1998' and require that the application for the Comprehensive Plan Amendment be processed and approved before the City will accept and entertain any applications for PUD approval. ji IW *AREN E. l For the Firm KER /sim cc: Board of Directors laim Longwood Condominium Association, Inc. MR 3 CONDOMINIUM ASSOCIATION,/ IN�C IN THE CITY OF PALM BEACH GARDENS - GOLF CAPITAL OF THE WORLD___ 5530 Tamberlane, Palm Beach Gardens, Florida 33410 March 29, 1998 Dear Mayor Russo: We are submitting correspondence relative to our position regarding the proposed development on P.G.A. Boulevard. Thank you for your attention to and consideration of our position on this issue. Tamberlane Committee Mrs. Georgina Werner Mrs. Peggy Scott Mr. Joseph Orlando Very truly yours, ever Quinn, President 622 -8436 622 -7383 694 -8041 t�►.►s11LAHR TO: FROM: RE: a� lirla CONDOMINIUM ASSOCIATION, INC, IN THE CITY OF PALM DEACH GARDENS GOLF CAPITAL OF 1 HE WORLD 5530 Tamberlane, Palm Beach Gardens, Florida 33110 March 29, 1998 Mayor Russo and Council Members s . Tamberlane Condominium Residents Proposed development on P.G.A. Boulevard referred to as "The Commons ", Parcels 1, 2, and 3. Please refer to the letter of February 18, 1998 regarding the above proposed development. Since that date, representatives from the condominium complexes contiguous to or adjacent., to parcel one, as well as individual homeowners in the affected areas, have met to further understand and take positions re developer's peti- tion to request change in zoning to Mixed Useievelopment from High Density Development. The Residents of Tamberlane (136 units) are opposed to change in Parcel 1 zoning to MXD , as we understand it. We are against Con- current Processing for Parcel 1 since MXD is not yet an approved zoning category in Palm Beach Gardens. Although we are not against concurrent processing generally speaking, we are against it when we do not know what MXD zoning will entail; so we would be dealing with an unknown. We are not addressing Parcels 2 and 3. We in the Parcel 1 area are against rezoning to MXD. Our preference is for it to remain R.H. However, we could agree to a strip -on P.G.A. Boulevard be- tween Avenue of P.G.A. and Woodland Lakes Condominium being re- zoned to P.O. if need be, with traffic entering and exiting on P.G.A. Boulevard. , We are not "anti everything ". However, comTercial buildings in Parcel 1 would seriously diminish the quality of life for the hundreds of nearby condo owners. MXD is neither needed nor wanted in Parcel 1. It would be a "poor fit" on the Boulevard that has become more aesthetically attractive with each passing year, thanks in part to the imaginative, landscaping and appropriate zoning. We feel that MXD should serve large,new areas where it can be in- tegrated with the residential areas to provide needed and wanted services. We have no need: Condominium communities are quite self - contained -- one of the many reasons the membership (owners) were initially attracted to this modus vivendi. Attached are names of residents of Tamberlane Condominium Asso- ciation,Inc. who share the views and concerns expressed in this letter. SEE ATTACHMENTS 1 THRU 7 We, the undersigned residents of the Tamberlane community in Palm Beach Gardens, support the views and concerns contained in the correspondence dated March 29, 1998 to Mayor Russo and Council Members. We are very opposed to any changein zoning that would allow any commercial development in Parcel 1 located at the South East corner of P.G.A. Boulevard and the Avenue of the P.G.A. Al r• -" 0' 4 W'/c ,We, the undersigned residents of the Tamberlane community in Palm Beach Gardens, support the views and concerns contained in the correspondence dated March 29, 1998 to Mayor Russo and Council Members. We are very opposed to any changein zoning that would allow any commercial development in Parcel 1 located at the South East corner of P.G.A. Boulevard and the Avenue of the P.G.A. r_ r )Jyx� ",5,6 Ic L/ .7r l We, the undersigned residents of the Tamberlane community in Palm Beach Gardens, support the views and concerns contained in the correspondence dated March 29, 1998 to Mayor Russo and Council Members. We are very opposed to any change`in zoning that would allow any commercial development in Parcel 1 located at the South East corner of P.G.A. Boulevard and the Avenue of the .A. � ✓ /`?may^ r a Vj We, the undersigned residents of the Tamberlane community in Palm Beach Gardens, support the views and concerns contained in the correspondence dated March 29, 1998 to Mayor Russo and Council Members. We are very opposed to any changein zoning that would allow any commercial development in Parcel 1 located at the South East corner of P.G.A. Boulevard and the Avenue of the P.G.A. 17 �� r 71 Xt We, the undersigned residents of the Tamberlane community in Palm Beach Gardens, support the views and concerns contained in the correspondence dated March 29, 1998 to Mayor Russo and Council Members. We are very opposed to any changein zoning that would allow any commercial development in Parcel 1 located at the South East corner of P.G.A. Boulevard and the Avenue of the P.G.A. v d-7A d; E "- r CIS UA, J /'a.-..Q C� J We, the undersigned residents of the Tamberlane community in Palm Beach Gardens, support the views and concerns contained in the correspondence dated March 29, 1998 to Mayor Russo and Council Members. We are very opposed to any changein zoning that would allow any commercial development in Parcel 1 located at the South East corner of P.G.A. Boulevard and the Avenue of the P.G.A. /C- `� ��> •�y �..` ^, �...� � �' � _ .� � � � -mil �:�� . � :u. tom% 3 / 6 dam-- % /, ^ �M hAl 5 fit° TA�b[ToLz- =We, the undersigned residents of the Tamberlane community in Palm Beach Gardens, support the views and concerns contained in the; correspondence dated March 29, 1998 to Mayor Russo and Council Members. We are very opposed to any changein zoning that would allow any commercial development in Parcel 1 located at the South East corner of P.G.A. Boulevard and the Avenue of the P.G.A. 7. We, the undersigned residents of the Tamberlane community in Palm Beach Gardens, support the views and concerns contained in the correspondence dated March 29, 1998 to Mayor Russo and Council Members. We are very opposed to any changein zoning that would allow any commercial development in Parcel 1 located at the South Eas orner of P.G.A. Boulevard and the Avenue of the P.G.A. 67. 446