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
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MAR -21 -98 02:51 AM P.01
WYNN & SONS ENVIRONMENTAL CONSTRUCTION IN
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Beach, FL 311 C.
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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
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- 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 ..� �
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K}:i
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•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
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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, $4,769.04 for two (2) automatic gates with electric operators & installation.
This material will be relocated and utilized at the Public Works Facility upon completion of the Central Fire Station
renovations. I will make myself available for the Council meeting to address any concerns. Should you have any
questions, please advise.
cc: Greg Dunham, Assistant City Manager
Pete Bergel, Acting Fire Department Chief
Jonathan Iles, Public Works Supervisor
File
QQ 03 -09 -1998 08:34AM MARTIN FENCE CO
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P.01
Purchasing Division
115 S. Andrews Avenue. Roorn 212
BRg*CQU NT Y Fort Lvuderdofe. FL 33301
(954) 357 -606$ • 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
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1 561 848 4466
862 13th STREET, LAKE PARK, FLORIDA 33403.2383
TELECOPIER TRANSMITTAL COVER SHEET
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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.
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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
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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.
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Accounting Copy
Sender's Copy
Office Copy
1/11
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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
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d;
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CIS
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/'a.-..Q C�
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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-
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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