Loading...
HomeMy WebLinkAboutAgenda Council Agenda 011603 The Workshop Agenda starts on page #2 and ends on page #63 The Council Agenda starts on page #64 and ends on page # 467 City of Palm Beach Gardens Council Workshop Agenda January 16, 2003 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Council Member Clark Mayor Jablin Council Member Russo Vice Mayor Sabatello Council Member Delgado CITY OF PALM BEACH GARDENS CITY COUNCIL WORKSHOP January 16, 2003 6:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: a. (Page 5) Blue Ribbon Panel: Report on Canal Restoration and Maintenance. V. ITEMS & REPORTS BY MAYOR AND COUNCIL: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: IX. PUBLIC HEARINGS: X. RESOLUTIONS: XI. ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: a. (Page 5) Blue Ribbon Panel: Report on Canal Restoration and Maintenance. XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk’s Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. THE CITY OF PALM BEACH GARDENS BLUE RIBBON PANEL REPORT ON CANAL SYSTEM RESTORATION AND MAINTENANCE BLUE RIBBON PANEL Name Marilyn Lew-Jacobs Address 16 Bermuda Lake Drive Palm Beach Gardens, FL 33418 Profession CPA 2. Terry Lewis 3. Joan Altwater 5703 High Flyer Road S. Palm Beach Gardens, FL 33418 9180 Cypress Hollow Drive Palm Beach Gardens FL 33418 Attorney Environmentalist 4. Terrie Bates 11110 Oak Way Circle Palm Beach Gardens FL 33410 SFWMD 5. Chuck Haas 9003 Gardens Glen Circle Palm Beach Gardens FL 33418 CPA 6. Linda Monroe 619 Hudson Bay Drive Palm Beach Gardens FL 33410 Planner 7. Sanford Pearl 9968 Dahlia Avenue Palm Beach Gardens FL 33410 Resident 8. Paul Auerbach 11215 Curry Drive Palm Beach Gardens FL 33418 Attorney 9. Wesley Lauer 3 Surrey Road Palm Beach Gardens FL 33418 Attorney 10. Theodore G. Thoburn 11. Louis Satriano 12. Adrian Salee 2015 LaPorte Drive Palm Beach Gardens FL 33410 4703 Lakemont Court Palm Beach Gardens, FL 33403 378 Kelsey Park Drive Palm Beach Gardens, FL 33410 Banker Business Resident m mmmmmmm 0 0mm m mm mmmUU 0 m ¯ ¯ ¯ ¯ ¯ ¯ mm ¯ ¯ ¯ ¯ ¯ ¯ I I I II I m >0 mm mm mm mm m m m C::.c: 0 ~ 0 II II 0 ~,~’ .LIBIHX=I Z Z :::) o~ X C) 0 ~ 0"~ 0 I BLUE RIBBON PANEL REPORT ON CANAL SYSTEM RESTORATION AND MAINTENANCE TABLE OF CONTENTS TOPIC PAGE NUMBER Introduction Research and Analysis Funding Alternatives Recommendation Methodology for Establishing a MSBU for Restoration How and why the strategy will work Conclusion EXHIBITS 2-3 4-6 7-8 9- 11 12 - 14 15 Exhibit A: Overview of restoration projects identified in the Stormwater Management Plan and Neighborhood Maps Exhibit B: List and chart of funding sources and special district alternatives for stormwater capital improvements and maintenance Exhibit C: Comparison between MSTU and General Revenue Bond for restoration Exhibit D: Map of areas to receive discounts for existing stormwater systems BLUE RIBBON PANEL REPORT ON CANAL SYSTEM RESTORATION AND MAINTENANCE INTRODUCTION On May 3, 2002, the Blue Ribbon Panel was established by Resolution 80, 2002, at the direction of Mayor Eric Jablin who requested the assistance of the City Manager to form a committee of residents to address quality of life issues facing the City, including stormwater drainage. The Panel’s charge has been to examine various options and make recommendations to the City Council on how best to address and fund such maintenance and improvements in a fair and equitable manner. The Panel met on a bi-monthly basis from July to December 2002, focusing on finding a solution to fund the City’s canal restoration and maintenance programs. There is extensive documentation to support the fact that many of our Canals have minimal water storage capacity available, and minimal conveyance due to sedimentation. There is a direct correlation between the ability of the City’s stormwater system to effectively store and convey stormwater, avoidance of water quality and related environmental impacts, and comprehensive, citywide flood protection for our homes and businesses. These are quality of life factors that impact all City residents. The Panel recogni.zed those facts, and searched for the most cost effective way to fund a program that will fix the current stormwater system deficiencies in a timely manner, and provide a long-term program to fund ongoing maintenance. The Panel had technical assistance from City staff. However, the recommendation presented in this report is the direct result of the Panel’s work, and the guidance of several panel members themselves who have technical, legal and financial expertise in the area of establishing funding for stormwater system restoration and maintenance. Blue Ribbon Panel Report on Canal System Restoration and Maintenance 12/26/02 RESEARCH AND ANALYSIS Over the years the City’s stormwater system has grown less effective. The original canal design cross sections for much of the system has diminished, resulting in less stormwater storage and conveyance capacity, and contributing to flooding which has occurred in areas of the City. While some restoration activities were planned and implemented to clean the canals to decrease the frequency of flooding, many projects still need to be addressed to avoid future flooding in all neighborhoods. During their analysis, Panel members considered the following information as the basis for making their recommendation for funding canal restoration and maintenance: The City has historically provided funding within the Public Works Department budget to perform canal and swale maintenance. Current funding levels have been at a total of approximately $1 million for these maintenance programs each year. In addition, for Fiscal Years 2002 and 2003 the City included in the budget $400,000 for canal restoration projects. The City’s Stormwater Management Plan was presented to City Council on April 4, 2002. The Plan defined and prioritized stormwater system restoration projects. In June 2002, City Council directed staff to proceed with the first two priority projects listed in the Plan (Thompson River Canal from Lighthouse Drive to Holly Drive and 1-95 to Military Trail). The Stormwater Management Plan indicates that approximately $5 million is needed to restore the City’s stormwater system to maintain a minimum level of service. The Plan identified ten (10) areas as priority restoration projects. ~The City has continuously searched for other funding sources such as Federal and State grants. As an example, the City received a FEMA grant in the amount of $350,000 to improve the drainage facilities in Plat 4 (Garden Woods). Blue Ribbon Panel Report on Canal System Restoration and Maintenance 2 12/26/02 The Panel asked the City Engineer what amount of funding would be needed to completely restore, upgrade and maintain the City’s entire drainage system. An overview along with neighborhood maps showing all of the projects that were identified by the Stormwater Management Plan which would restore and upgrade the City’s primary canal system is attached to this report as Exhibit A. For the Panel’s analysis, the base case is the combination of the priority projects as well as additional areas identified for further investigation in the Stormwater Management Plan. The base case also includes the recently annexed areas of Garden Oaks, Sunset Drive and Mary Circle. For purposes of this report, the l"base case plus" includes the base case or central part of the City, Units 2 and 19 of Northern Palm Beach County Improvement District, the Cabana Colony Canal and the RCA Boulevard Drainage Ditch, as shown on Exhibit A4. The total estimated capital costs for all of the canal restoration projects are $10,793,000. The City Engineer advised that approximately one million dollars in capital improvement projects could be completed in a year. At the .current funding levels, it would take approximately 25 years to completely restore and upgrade the City’s primary canal system as outlined in the Plan and on Exhibit A1. Through its research, the Panel found that ad valorem taxes as a revenue source have not provided and likely could not provide the level .iof funding necessary to fully address all of the restoration projects in the Stormwater ManagementI Plan. Given competing annual budgetary ldemands, the challenge has become how to establish a dedicated source of funding to restore the City’s primary drainage system, and a dedicated source of funding for continued maintenance in the areas that directly benefit from or contribute discharge to the system. The dedicated sources of funding would be set aside specifically for canal restoration and maintenance, and for no other budgetary purpose. Blue Ribbon Panel Report on Canal System Restoration and Maintenance 3 12/26/02 FUNDING ALTERNATIVES Panel members extensively reviewed and discussed many of the possible alternatives and types of funding mechanisms. Based upon their financial and legal expertise and knowledge, several Panel members compiled information on the subject, and made presentations to the Panel on each of the funding sources and special district alternatives for canal system restoration and maintenance. Attached, as Exhibit B is a list and chart of the options analyzed by the Panel. Below is a summary of some of their review: Grants: The Panel concluded that the City should continue to seek those sources of funding. However, they pointed out that many grants require City matched dollars, and take time and resources to obtain and implement. State Appropriations: There are water resources projects throughout the State that generally qualify, such as those which restore or improve surface water and wastewater or stormwater discharges. Two examples, which the City will be applying for, are the Lake Worth Lagoon restoration funds, and House Bill 851 Water Project Funding. Ad Valorem Taxes: The Panel looked at a Municipal Service Taxing Unit (MSTU) or an independent special district with taxing authority by special legislative act. The revenues can be generated through a millage rate, authorized by law and must be approved by voter referendum. If city taxes are dedicated for longer than one year at a time, a referendum is required. An independent district would also require referendum approval to levy an ad valorem tax. Ad Valorem Tax Increment Financin~q ~TIF): Some cities use Community Redevelopment Agencies (CRA°s), which are generally dependent districts for blighted areas. TIF’s were also ldiscussed as an option. Utility Taxes: Some cities receive taxes on electric, water, gas, and all telecommunications. Blue Ribbon Panel Report on Canal System Restoration and Maintenance 12/26/02 4 Non-Ad Valorem Assessments: Such assessments are levied against benefited properties based on the benefit received. There are a variety of institutional vehicles to levy such assessments without a required voter referendum: Special Assessment District - created by City Ordinance, governed by the City Council, designates areas to receive a special benefit from publicly financed infrastructure. Municipal Service Benefit Unit - created by City Ordinance as an area receiving special benefit. The assessments are paid according to the relative benefits received. Northern Palm Beach County Improvement District - City Council can request legislative action to amend Northern’s legal boundaries to include all of Palm Beach Gardens, and request the creation of a special unit for restoration and maintenance. During their discussion, Panel members also considered the possibility of forming an interlocal agreement with another entity to manage the City’s canals. They often discussed Northern Palm Beach County Improvement District as such an entity. They recognized, however, that Northern Palm Beach County Improvement District’s territory currently excludes much of the City’s original sections, which need attention. The City could consider contracting with Northern to perform the restoration and maintenance. However, legislative action would be required in order to expand Northern’s jurisdiction, and the Governor’s Office generally requires a public referendum to support such action. The Panel spent a great deal of time considering the creation a citywide Municipal Service Taxing Unit (MSTU), with the authority, subject to public referendum approval, to levy ad valorem assessments at a rate based on assessed property values. For example, if one-quarter of a mill was levied, generating $1 million in revenues, a property owner with a house value of $175,000 and $25,000 homestead exemption would pay approximately $37.50 a year while a property owner with a house value of $500,000 would pay $118.75. However, the Panel felt that a MSTU would not be fair or equitable because the tax rate would be based on assessed property values rather than the benefits associated with improved flood protection. Blue Ribbon Panel Report on Canal System Restoration and Maintenance 5 12/26/02 The Panel also compared a MSTU with financing a General Revenue bond, as reflected by the attached Exhibit C. However, the Panel felt that bonding generally costs more financially and administratively, due to underwriting fees, reserve requirements and legal fees associated with implementation. Considering the variety of alternatives, the Panel members re-examined the non-ad valorem options, and discussed how everyone generally benefits from a fully restored canal system that operates properly and effectively. They also learned how properties contribute stormwater discharge to the City’s canal system, resulting in the need for continuous maintenance. Ultimately, they recognized the need to have a dedicated source of funding for canal system restoration citywide, and a separate dedicated source of funding for continued maintenance. Regarding restoration, the Panel felt that a Municipal Service Benefit Unit (MSBU) is the most fair and equitable funding solution because it based on the benefits conferred upon all assessable properties in the City, rather than assessed property values. Regarding maintenance, the Panel was clear that a separate MSBU is needed for residents who directly benefit from or contribute stormwater discharge to the City’s canal system. After careful study and analysis of the historical as well as current significant drainage problems in the City, as presented in this report, the Panel unanimously recommends to the City Council the following strategy to fund restoration and maintenance of the City’s drainage system. Blue Ribbon Panel Report on Canal System Restoration and Maintenance 12/26/02 RECOMMENDATION An underlying theme of the Panel’s recommendation is fairness and equity, and the need to reinvest in our communityl Regardless of where one lives, all residents are affected by the City’s primary canal system. As a result, there is citywide importance to its restoration. There are quality of life issues to consider regarding the need for these improvements and maintenance, namely those that directly impact the public health and safety of our residents, as well as City infrastructure protection and enhancement of public and private property values. Therefore, the Panel created the following two-part approach to establish dedicated sources of funding, protected from the annual budget process and used specifically for (1) restoration and (2) continued maintenance: For restoration: In order to create one community regarding stormwater, the primary stormwater system should be restored as one City, one-time, and the costs of doing so should be borne by all assessable parcels. As the best funding mechanism analyzed, the Panel unanimously recommends that the City Council create a citywide Municipal Service Benefit Unit ~MSBU) for the purpose of funding the restoration of the City’s primary flood control facilities with a non-ad valorem assessment against each assessable dwelling unit and non-residential unit in the City, not to exceed $15 per year for a period not to exceed ten years. The Panel recommends restoring the projects listed in Exhibit A1. The total estimated capital costs are $10,793,000 (excluding the $800,000 that has been allocated for projects last year and this year). AND 2.For maintenance: Only those who directly benefit from or lcontribute stormwater discharge to the City’s primary canal system should bear the costs for future maintenance. As the best funding mechanism analyzed, the Panel unanimously recommends that the City Council create a separate Municipal Service Benefit Unit ~MSBU) that would pay for maintenance of the City’s primary canal system going forward throuqh non ad valorem assessments. Blue Ribbon Panel Report on Canal System Restoration and Maintenance 12/26/02 The Panel defined the maintenance MSBU area as the "base case plus," as shown in Exhibit A4, on the neighborhood map titled "base case plus RCA plus Cabana Colony." For location purposes, the Panel also referred to the "base case plus" area as the central part of the City. The MSBU rate would be based on the total number of benefit units, which is defined in terms of estimated effective stormwater units (ESU’s), or square footage amount of impervious area. Based on the City Engineer’s initial calculations, the estimated MSBU maintenance fee would cost approximately $63.04 each year for those units in the service or benefit area. Residents within the "base case plus" area of the City that have existing stormwater management systems, for which they are already paying a stormwater system fee, would receive a discount to their City assessed annual fees. Attached to this report, as Exhibit D, is a map of the areas that would receive discounts for existing stormwater systems. As shown on the map, they are the units of development maintained by the Northern Palm Beach County Improvement District. Blue Ribbon Panel Report on Canal System Restoration and Maintenance 12/26/02 METHODOLOGY FOR ESTABLISHING A MSBU FOR RESTORATION The Panel did extensive research on stormwater assessments and found that in 1994 and 1995, Sarasota County enacted three ordinances to define how additional stormwater improvements would be implemented through special assessment. The ordinances were challenged, and the F~orida Supreme Court held that they were legally sound. The Panel studied the methodology used in Sarasota County, and borrowed certain portions of it to craft its strategy. The Panel learned about the legal standard that local governments follow to establish a valid stormwater assessment. The two legal requirements are: 1.The property assessed must receive a special benefit from the stormwater system; and 2.The assessment must be fairly and reasonably apportioned among the properties receiving the benefit. Essentially, the City must show a logical lrelationship between the assessment and the benefits received by the properties. If the assessment is challenged, this is the standard by which the courts would judge the validity of the assessment. The Panel’s legal expert on the subject of special assessments advised that the courts historically have deferred to the local legislative body, if there are sufficient factual findings to support how the restored system specially benefits the assessed property and the assessments are fairly apportioned. Applying this standard, the Panel members felt that a restored and improved citywide canal system would confer special benefits to all properties served or potentially served by the stormwater system. Some of the benefits that the properties could receive include: []Improved flood protection for essential services for the entire community, in particular during emergencies (i.e., fire rescue, police, medical, water and sewer systems). []Improved roads. Blue Ribbon Panel Report on Canal System Restoration and Maintenance 12/26/02 Improved access to public facilities and services (i.e., schools, community colleges, hospitals, fire and police stations, court houses, parks and recreation facilities, libraries). Improved hurricane evacuation routes. Enhanced water quality and aesthetics of the environment. Increased safety and better access to property. Improved values of residential and non-residential properties. Regarding apportionment, according to the Panel’s legal expert, as long as an assessment is not arbitrary, unreasonable or discriminatory~ the courts should uphold it as valid. Apportionment according to a precise calculation of benefits to each individual property is not required, only that it is reasonably fair. Following the approach used in Sarasota County, property that contributes polluted stormwater runoff would be specially benefited by the treatment of that runoff. Untreated stormwater often leads to flooding. As an example, historically, Unit 2 runoff has contributed significantly to flooding in Plat 4. The Panel also recognized that to be consistent and fair, all benefited properties in the City should be assessed. In effect, the whole City would become a benefit unit for purposes of canal system restoration. Exemptions can occur only if they are allowed by statute, or if a determination is made that the property receives no benefit. Federal properties and the U.So Postal Service are exempt by statute. Churches are not exempt from special assessments, but they are exempt from ad valorem taxes. Schools could be included if prior approval is obtained from the school board. In defining relative benefit and cost, the City Engineer would need to evaluate the geographic areas throughout the City, and then look at the relative contribution of stormwater runoff produced by properties in those areas. Based on a preliminary evaluation by the City Engineer, there are approximately 17,000 dwelling units (such as single-family, multi-family, condominiums, apartments and mobile homes), 65,000 non-residential units without impervious area (such as vacant land and preserves), and 150,000 non-residential units with impervious (such as commercial, industrial and institutional areas). The restoration assessment rate would generally be based on dwelling units and impervious area. Blue Ribbon Panel Report on Canal System Restoration and Maintenance 12/26/02 The City needs to generate approximately $1 million in revenues each year, for a period not to exceed ten years. All dwelling units would be grouped together under one rate and used to obtain a statistically significant sampling of impervious area to determine an average square footage of impervious area per residential unit. Based on initial calculations, the MSBU fee assessed to each residential property owner for restoration would not exceed $15 a year for ten years. This lis a conservative estimate. Non-residential parcels lwould be assessed on an equivalent square foot of impervious area basis. Each year, a City resolution would need to be adopted to set the assessment roll which would account for when undeveloped property becomes developed, in order to capture those assessments. As a result of adding more properties to the assessment roll, the rate per unit could decrease as more property owners share the assessment burden. The MSBU for restoration would sunset at the end of the tenth year, if not sooner, and the canals would be at a minimum restored to their oric~inal conditions. Blue Ribbon Panel Report on Canal System Restoration and Maintenance 12/26/O2 HOW AND WHY THE STRATEGY WILL WORK One MSBU would fund canal restoration and a separate MSBU would fund continued maintenance. Those dwelling units and non- residential units in the maintenance benefit area would pay both the restoration MSBU rate and the maintenance MSBU rate for the term of the restoration MSBU (not to exceed ten years). For residents the maintenance benefit area, this would cost a total of approximately $80 each year. Starting the eleventh year, those in the maintenance benefit area would only pay the maintenance assessment fee each year. Those outside of the maintenance benefit area would only pay the restoration assessment fee for a maximum of ten years. Who is going to benefit from this strategy? First, all of our residents because our primary canal system will-be restored to its original condition. In particular, the quality of life issues associated with canal restoration are the significant benefits in the short term. Localized street flooding is a typical example of such impact. The primary canal system is designed to decrease the amount of standing water in the streets, improve water flow to the inlets, and increase water storage to the overall drainage system. This benefit would be provided at a total cost of approximately $150 for each homeowner, and the restoration MSBU will sunset in ten years, if not sooner, with canals fully restored. Importantly, a restored primary canal system will protect critical public infrastructure such as roads, potable water and sewer systems, recreational areas and public health and safety facilities. Hurricane evacuation will be improved as well. The result will be substantial special benefit to all public and private property in the City by the protection and enhancement of value. Second, in the long term, the continued maintenance will benefit those living immediately adjacent to and directly contributing lto the City’s canal system. All of the communities in the Northern Palm Beach County Improvement District Units of Development with a permit from the South Florida Water Management District will receive a credit for their existing water storage systems, based on the quantity of water stored and the runoff generated. With the MSBU for Blue Ribbon Panel Report on Canal System Restoration and Maintenance 12/26/02 maintenance, funds will be dedicated to ensure that those who directly benefit continue to support the canal system and not allow it to fall into disrepair again. 3.What differentiates this strategy from previous efforts to create a Stormwater Utility in 2001? (a)Since then, the City created a Stormwater Management Plan that is being implemented. Projects have been identified and prioritized, and additional work anticipated in the Plan has been investigated. We now know what needs to be fixed or improved and the costs to do so. (b)For future maintenance, the Panel felt that the residents would positively benefit from the City’s improvements to and operation of the Cabana Colony Canal and the RCA ditch. Therefore, the service area as defined by Florida Statute for a MSBU would be expanded to include residents living in those sub-basins. This would result in an overall decrease in the annual user fees. (c)As reflected by the City’s current budget, ad valorem taxes are paying for some canal system restoration. However, this revenue source has not historically provided enough funding to accomplish the projects necessary. Having a restoration MSBU dedicates those funds separately and guarantees that the restoration work continues, above and beyond funds that may or may not be provided through the annual budget process. (d)Under the Panel’s approach, all residents would pay for restoration, and then only those who directly contribute stormwater discharge tol the canal system would pay for future maintenance. (e)The Panel members will help with presentations to the neighborhoods. A thorough public education program will be implemented so that residents clearly understand the benefits of this solution. Citizens will talk to citizens. Blue Ribbon Panel Report on Canal System Restoration and Maintenance 12/26/02 4.Why include improvements to the Cabana Colony Canal and the RCA Ditch as referenced in the Stormwater Management Plan? Both have a significant impact on the City’s drainage system. The Cabana Colony Canal will provide a second outfall for Unit 2 where there has historically been flooding. The City Engineer has advised thatl water surface elevations flood homes and not the size of the rainfall event. With a second outfall the water surface elevation could be lowered by approximately a foot, without releasing waters beyond the permitted 25-year three-day storm discharges, and as a result, reduce the potential for future flooding. Since the flood in 1995, the City has provided many capital improvements along the RCA ditch. What is mostly needed at this time is maintenance work, such as tree removal near area neighborhoods, re-grading the bottom of the ditch and rebuilding the canal banks so that water run off does not continue to erode them. The solutions for both canal restoration and maintenance are interconnected. One cannot succeed without the other. An ordinance must be adopted to ensure sufficient funding is available for restoration citywide~ and a separate ordinance must be adopted to ensure sufficient funding for future maintenance. The goal is to bring the entire City up to the same level of protection as the newer communities that are already being maintained by the Northern Palm Beach County Improvement District. Blue Ribbon Panel Report on Canal System Restoration and Maintenance 112/26/02 14 CONCLUSION The Panel strongly recommends approval of the funding strategy outlined in this report, to establish a MSBU for canal system restoration, and~a separate MSBU for ongoing maintenance. The projects, costs and their benefits are known and identified. Through the Panel’s deliberations and analysis of the findings, the Panel has created a solution for funding the improvements and maintenance in a fair and equitable manner. Implementing this strategy eliminates the need for continuing the current $400,000 annual appropriation for canal restoration and provides a dedicated revenue source, separate from the City’s annual budget process. At the $400,000 funding level, it would take approximately 25 years to complete the restoration projects outlined in the Plan. The Panel is recommending the MSBU for restoration because they believe it is the fairest solution. All properties would be assessed at a rate based upon benefits from the City’s primary flood control facilities. The Panel understands that if the City does not create a restoration MSBU, the problem is not diminished. The City will need to find another way to continue canal restoration. The Panel’s strategy will help us improve water storage in a more timely fashion. With a dedicated funding source, we will be able to assure a fully restored and improved canal system within ten years. By regaining the maximum Operational efficiency of our canals system, we can reduce the chances for another high water incident in our community. The Panel is recommending the MSBU for the ongoing maintenance because it reflects the most equitable way to fund long-term maintenance activities in the areas that benefit, similar to the way in which others pay Northern Palm Beach County Improvement District for their benefit. The Panel looked for ways to keep maintenance costs as low as possible for the central or original parts of the City. The MSBU would replace the $1 million in the City’s current budget that is used for canal and swale maintenance. Overall, this approach to canal system restoration and maintenance is based upon principals of fairness. The restoration and maintenance activities must be done. The underlying equitability is that all property owners would pay to restore the canal system to its original condition, and then those who continuously benefit would maintain it. Blue Ribbon Panel Report on Canal System Restoration and Maintenance 15 12/26/02 BLUE RIBBON PANEL REPORT ON CANAL SYSTEM RESTORATION AND MAINTENANCE EXHIBITS Exhibit A: Overview of restoration projects identified in the Stormwater Management Plan and Neighborhood Maps Exhibit B: List and chart of funding sources and special district alternatives for stormwater capital improvements and maintenance Exhibit C: Comparison between MSTU and General Revenue Bond for restoration Exhibit D: Map of areas to receive discounts for existing stormwater systems (Northern Palm Beach County Improvement District Units of Development) BLUE RIBBON PANEL REPORT ON CANAL SYSTEM RESTORATION AND MAINTENANCE EXHIBIT A Exhibit AI: Overview of restoration projects identifi.ed in the Stormwater Management Plan Exhibits A2 - A4: Neighborhood Maps A2 - Base Case A3 - Base Case Plus Cabana Colony Canal A4 - Base Case Plus RCA Blvd. Drainage Ditch Plus Cabana Colony Canal EXHIBIT A1 PALM BEACH GARDENS - CANAL RESTORATION A. Priority Canal Restoration Pro]ects Identified in the Stormwater Management Plan Thompson River Canal (Lighthouse to Holly) Thompson River Canal (I-95 to Military) FEC Ditch (Bums to RCA Blvd.) Thompson River Canal (Military south to Seagrape) Allamanda Spillway Operable Gate Plat 4 - Phase 2 Thompson River Canal (Earman Canal to Lighthouse Drive) Thompson River Canal (Holly to 1-95) Earman River Canal (Thompson to MacArthur Blvd.) Thompson River Canal (Military to Hickory S. of PGA Blvd.) Total Estimated Capital Costs $5,469,000 B. Additional Areas Identified in the Stormwater Management Plan That Required Further Investigation Earman (Military Tr. To 1-95) Earman (I-95 to Thompson River) Earman (MacArthur to C- 17) Allamanda Canal (Gardens East Loop) Allamanda Canal (Gardens East Main Canal from Lighthouse to Prosperity Farms Road) Allamanda Canal (Sandalwood Estates from Bums Road to G.E.M.) Bellwood South Bellwood North Consumer Canal from 1-95 to C-17 Gardens Oaks Canal (Military to 1-95) City Participation in Design of the S-44 Structure City Participation in Construction of the S-44 Structure Total Estimated Capital Cost $3,024,000 Total Estimated Capital Cost for Base Case of Improvements (A + B) $8,493,000 C. Cabana Colony Canal Atlantic Rd. to Cabana Colony Canal Cabana Colony Canal (A-1-A to Frenchman’s CS) Cabana Colony Canal (Frenchman’s CS to Prbsperity Farms Rd.) Cabana Colony Canal (Prosperity Farms Rd. to Intracoastal Waterway) Cabana Colony connection to EPB -3 Total Estimated Capital Cost ¯ $1,748,000 D. RCA Ditch A-1-A to Campus Drive Campus Drive to Prosperity Farms Rd. Prosperity Farms Rd. to Intracoastal Waterway Total Estimated Capital Cost $ 552,000 Grand Total Estimated Capital Costs $10,793,000 BLUE RIBBON PANEL REPORT ON CANAL SYSTEM RESTORATION AND MAINTENANCE EXHIBIT B List and chart of funding sources and special district alternatives for stormwater capital improvements and maintenance FUNDING SOURCES FOR STORMWATER CAPITAL IMPROVEMENTS/MAINTENANCE Exhibit B FUND SOURCE 1. Federal Grants/Loans 2. State Grants/Loans 3. State Appropriation (as part of a regional project) 4. Ad Valorem Tax 5. Non-Ad Valorem Assessments 6. Ad Valorem Tax Increment 7.Utility Tax on Telecommunications 8.Stormwater Utility Fees 9.Ad ValoremBonds Ft DING GOVERNMENTS EPA Department of Environmental Protection Florida Legislature Palm Beach Gardens. Independent Special District with Tax Authority Palm Beach Gardens Special Assessment District (Palm Beach Gardens - Ch. 170, F.S.) MSBU (Palm Beach Gardens - Ch. 166, F.S.) NPBID (Special Legislative Act) New Independent Special District (Special Act) Community Redevelopment Agency (Palm Beach Gardens - Ch. 163, Part lIl, F.S.) Palm Beach Gardens Palm Beach Gardens *Palm Beach Gardens *Independent Special Distriet with Tax Authority 10.Non-Ad Valorem Assessment or Revenue Bonds Palm Beach Gardens Special Assessment District MSBU NPBID New Independent Special District *Requires Referendum Approval BLUE RIBBON PANEL REPORT ON CANAL SYSTEM RESTORATION AND MAINTENANCE EXHIBIT C Comparison between MSTU and General Revenue Bond for restoration Exhibit C COMPARISON OF CANAL RESTORATION FUNDING OPTIONS Option 1 - MSTU Advantages: 1. Eliminates cost of money factor (interest expense) 2. Low cost of implementation (underwriting costs, reserve requirements, etc.) 3. Shorter time frame (10 years vs. 20) 4. Eliminates the need for continuing the current $400,000 annual appropriation for storm water improvements 5. Segregates tax increase from the general operating millage rate 6. Provides a dedicated revenue source 7. Does not require a pledge or creation of any other general fund revenue Disadvantages: 1. Requires voter approval 2. Timing for referendum is poor (other tax issues are on ballot) 3. Extends time to begin until next year after referendum) 4. Double taxation for residents currently paying NPCID Option 2 - General Revenue Bond Advantages: 1. Could spread cost over longer period, e.g., 20 years, resulting in lower annual impact to residents than MSTU for 10 rears 2. ReqUires no voter approval, as opposed to G/O debt 3. Could be done much sooner than creation of an MSTU 4. Provides a dedicated source of funding for restoration. Disadvantages: 1. This type of financing has high costs of issuance (underwriting fees, reserve requirements, legal fees, etc.) 2. Purchases less hard construction per dollar due to costs and interest expense 3. Would require a pledge of an existing or creation of a new revenue source 4. Absent a new revenue source, would probably require a tax increase to offset the pledge on existing revenue sources CITY OF PALM BEACH GARDENS MEMORANDUM TO: DATE: FROM: SUBJECT: Sheryl Stewart, Assistant to the City Manager August 6, 2002 Allan Owens, Finance Administrate Financing Options As requested, I have ~eviowed two possible options for financing $5,000,000 .for canal restoration. The first scenario is based on a bank-qualified loan with a ten-year amortization. The second option is based on a bond issue that would net $5,000,000, after costs, with a twenty-year amortization. Amount Debt Mil,lage Financed Service Equivalent Option 1 - 10-Year Bank Qualified Loan $5,000,000 $613,390 .14 Option 2 - 20-Year Bond .Issue $5,575,000 $425~00 .10 Effocton$125,000Homo With $25,000 Exemption $14 Annual Increase in Taxes $10 Annual Increase in Taxes The amount financed in the bond issue scenario is greater than the amount required because of additional costs and reserve am3ount requirements that would be added to the issue amount. However, the annual debt service is lower due to the twenty-year versus ten-year amortization. If you have any questions, please let me know. BLUE RIBBON PANEL REPORT ON CANAL SYSTEM RESTORATION AND MAINTENANCE EXHIBIT D Map of areas to receive discounts for existing stormwater systems (Northern Palm Beach County Improvement District Units of Development) City of Palm Beach Gardens Council Agenda January 16, 2003 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Council Member Clark Mayor Jablin Council Member Russo Vice Mayor Sabatello Council Member Delgado CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING January 16, 2003 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: V. ITEMS & REPORTS BY MAYOR AND COUNCIL: VI. CITY MANAGER REPORT: a. (Page 71) Update Regarding Legal Services. VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 73) Consideration of approving Minutes from the December 5, 2002 Regular City Council Meeting. b. (Page 80) Consideration of approving Minutes from the December 19, 2002 Workshop City Council Meeting. c. (Page 82) Consideration of approving Minutes from the December 19, 2002 Regular City Council Meeting. d. (Page 89) Resolution 1, 2003 – Interlocal Agreement with Palm Beach County and the City of Palm Beach Gardens regarding use of interoperable frequencies. Consideration for approving an Interlocal Agreement with Palm Beach County for interoperability through Common Law Enforcement Talk Groups and authorizing the Mayor and City Clerk to execute said agreement. e. (Page 106) Resolution 7, 2003 – Agreement with Garden Oaks Property Owners Association. Consideration for approving an agreement between the City and the Gardens Oaks Property Owners Association for Uniform Traffic Control on private streets and roadways within the Garden Oaks Community. Authorizing the Mayor and City Clerk to execute the agreement. f. (Page 113) Resolution 9, 2003 – Contract with Government Services Group, Inc. to Continue PGA Flyover Assessment Service for Fiscal Years 2003/2004 and 2004/2005. Consideration of approving an agreement with Government Services Group, Inc and authorizing the Mayor and City Clerk to execute same. g. (Page 127) Resolution 15, 2003 – Agreement with BellSouth for the maintenance of the Cisco Smartnet 6509 network switch. Consideration for approving an agreement with BellSouth for the maintenance of the Police Department’s Cisco 6509 Data Communications Switch by “Piggybacking” State Contract No. 250-000-03-1. h. (Page 135) Resolution 18, 2003 - Appoint Theresa LePore, Supervisor of Elections, as an additional member to the City’s Canvassing Board. Consideration of appointing the Supervisor of Elections to the City’s Canvassing Board and authorizing the Supervisor of Elections to act on the City’s behalf. i. (Page 141) Resolution 23, 2003 – Award of Printing Services Bid. Consideration for accepting the proposal from Topline Printing and Graphics, Inc. to provide printing and distributing services and authorizing the Mayor and City Clerk to execute an agreement. j. (Page 153) Proclamation – Consideration of approving a proclamation recognizing Arbor Day. k. (Page 154) Proclamation – Consideration of approving a proclamation recognizing the Florida Association of City Clerks’ thirtieth anniversary. IX. PUBLIC HEARINGS: a. (Page 155) Ordinance 51, 2002 – Shell Gas Station PUD Amendment – Sign & Color Changes (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to the PGA Shell Service Station Planned Unit Development located at 4445 PGA Boulevard to allow color changes to the building elevations and new signage; providing for conditions of approval; providing for a waiver; providing for conflicts; providing for severability; and providing for an effective date. b. (Page 167) Ordinance 52, 2002 – Sign Code Amendment Non- Commercial Messages (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the Palm Beach Gardens Code of Ordinances by amending Chapter 78 “Land Development,” Article V, “Supplementary District Regulations,” Division 6, “Signs,” by adding Section 78-291 “Non- Commercial Messages”; providing for conflicts; providing for severability; providing for codification; and providing for an effective date. c. (Page 173) Ordinance 49, 2002 – Special Events (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the City Code of Ordinances by repealing Section 78-187, “Special Events,” of Chapter 78, “Land Development,” and adopting a new Section 78-187, and amending Article VIII, Section 78-751, “Definitions”; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. And (Page 190) Resolution 12, 2003 – Special Events Fees. Consideration of amending the City of Palm Beach Gardens Master Schedule of Fees and Charges to include a fee for Special Events and to include an Appeal Fee for denial of a Special Event. X. RESOLUTIONS: a. (Page 201) Resolution 184, 2002 – Evergrene Master Sign Program. Consideration of approving a Master Sign Program for the Evergrene Planned Community District (PCD), located between Military Trail and Alternate A1A, north of Hood Road and south of Donald Ross Road; providing for amendments to certain conditions in previously approved Resolution 150, 2002, Resolution 72, 2002, Resolution 181, 2001, and Resolution 182, 2001 relating to lighting; providing for waiver; providing for condition(s) of approval; providing for conflicts; providing for severability; and providing for an effective date. b. (Page 224) Resolution 2, 2003 – Authorizing the Provision of In-kind Services to Assist the Classic Foundation, Inc. Consideration of approving in-kind support services to assist the Classic Foundation, Inc. in implementing the Honda Classic Golf Tournament. c. (Page 237) Resolution 3, 2003 – Approve a $25,000 Grant for the Classic Foundation, Inc. Consideration for approving a $25,000 Grant to the Classic Foundation, Inc. to provide City police services for the Honda Classic Golf Tournament. d. (Page 242) Resolution 4, 2003 – Special Use Agreement with Classic Foundation, Inc. Consideration of approving an agreement with the Classic Foundation, Inc. for the use of City facilities in connection with the Honda Classic Golf Tournament. e. (Page 253) Resolution 5, 2003 – Approve Lease Agreement with the School Board of Palm Beach County and Sub-Lease Agreement with the Classic Foundation. Consideration of approving a Lease Agreement with the School Board of Palm Beach County and a Sub-Lease Agreement with the Classic Foundation, Inc. to provide for temporary parking within the Mirasol School site. f. (Page 279) Resolution 8, 2003 – Purchase of seven (7) Harley-Davidson Motorcycles. Consideration of awarding the bid for the purchase of seven (7) Harley-Davidson Police Motorcycles to Harley Davidson of Palm Beach, Inc. g. (Page 303) Resolution 13, 2003 – Appointment/Reappointment of P&Z Commission Members. Consideration of providing for the reappointment of six (6) regular members and the appointment of one (1) new regular member and two (2) alternate members to the Planning and Zoning Commission of the City of Palm Beach Gardens. h. (Page 316) Resolution 14, 2003 – Opposing the Construction of the El Paso Seafarer Natural Gas Transmission Pipeline. Consideration for approval for opposing the construction of the El Paso Seafarer Natural Gas Transmission Pipeline. i. (Page 322) Resolution 17, 2003 – NorthCorp Lots 4 & 5 Amendment to Resolution 43, 2002. Consideration for an amendment to Condition 3 of Resolution 43, 2002, relating to the timing of installation of perimeter buffer landscaping for “Lots 4 & 5” of the Northcorp Planned Community District (PCD), Located between Riverside drive and East Park drive. j. (Page 334) Resolution 22, 2003 – Placing Bond/Land Acquisition for referendum vote. Consideration for calling a Referendum Election on March 11, 2003 for approval of a proposed bond issue to enhance and improve Park and Recreation Facilities and protect open space for a new park. XI. ORDINANCES: (For Consideration on First Reading) a. (Page 340) Ordinance 1, 2003 – Wachovia Bank Building Rezoning. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, rezoning 2.51 acres of land located at the southeast corner of PGA Boulevard and Military Trail, as described herein, from General Commercial (CG-1) to Planned Unit Development (PUD) Overlay with an Underlying Zoning of General Commercial (CG-1); amending the City of Palm Beach Gardens Official Zoning Map; providing for a condition of approval; providing for a waiver; providing for conflicts; providing for severability; and providing for an effective date. b. (Page 351) Ordinance 3, 2003 – Reinstating of the “MacArthur Banyan Tree Historic Overlay Protection Zone”. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to Section 78-682 of the City Code of Ordinances, entitled “Historical and Archaeological Sites,” by adding a third criterion, and to establish the MacArthur Banyan Tree as a locally designated historic and/or archaeologically significant site; providing for enactment of Section 78- 683 of the Code of Ordinances, entitled “MacArthur Banyan Tree Historic Overlay Protection Zone”; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. c. (Page 363) Ordinance 4, 2003 – Benjamin High School PUD Amendment. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of an amendment to the Benjamin Private High School Planned Unit Development by allowing an increase in on-site upland preserve area, off-site mitigation of the wetland preserve area, relocation and redesign of the athletic fields, relocation of the field house and associated parking, and minor modification to the approved architectural elevations, located approximately one-half mile south of Donald Ross Road on the west side of Central Boulevard, and as more particularly described herein; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; providing for an effective date. XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: a. (Page 439) Proposed Countywide Prohibited Invasive Non-Native Vegetation Removal Ordinance. b. (Page 462) Donald Ross Village Upland Mitigation. XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk’s Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. VI. CITY MANAGER REPORT: a.Update Regarding Legal. Services. CITY OF PALM BEACH GARDENS MEMORANDUM TO: FROM: SUBJECT: Mayor and Council Members DATE: January 8, 2003 Ron Ferris, City Manage(’Uf~ Update regarding legal services At the direction of City Council, staff recently conducted a Request for Proposal (RFP) process to provide legal services for the City. The RFP invited proposals from both firms and individuals to provide legal services either on an in-house or contractual basis. The closing date to submit proposals was December 12, 2002. In response to the RFP, proposals were submitted by the following six firms and one individual: Thomas J. Baird, P.A.; Caldwell & Pacetti; Lewis, Longman & Walker, P.A.; Scott, Harris, Bryan, Barra & Jorgensen, P.A.; Glen J. Torcivia, P.A.; Weiss Serota Helfman Pastoriza & Guedes, P.A.; and Christine P. Tatum. Staff is scheduled to present a ranking of these proposals to Council. However, staff is concerned that those individual attorneys seeking employment did not respond to the RFP, and as a result we do not have a competitive field of individuals to interview. We believe that because we advertised for both firms and individuals through a RFP, we did not receive a complete response from individuals to consider. While a RFP process is commonly used to obtain firms to provide services, it is not an effective way to invite individuals to apply for employment. Therefore, staff recommends that we re-advertise specifically for individuals in the employment sections of local newspapers and professional journals. Should Council approve, staff will spend the next 30 days advertising and interviewing. Staff will consider those that respond to the new employment ad as well as those that previously responded to the RFP. On February 20, 2003, staff will bring back a complete ranking of both firms and individuals and a recommendation for Council approval. The current contractual arrangement ends with Watterson and Hyland, P.A. on March 4, 2003. Should the recruitment process not be complete by this date, the City Council or City Manager can appoint counsel to serve in the interim under the current Charter. RMF/sls CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING December 5, 2002 The December 5, 2002 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Vice Mayor Sabatello, Councilmember Clark, Councilmember Russo, and Councilmember Delgado. ADDITIONS, DELETIONS, MODIFICATIONS: Mayor Jablin announced requested postponements for Ordinance 37, 2002 and for Resolution 184, 2002. Councilmember Clark made a motion to postpone Resolution 184, 2002 until January 16, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. Mayor Jablin announced that the Attorney/Client Session listed on the agenda under Announcements/Presentations would take place as the next item after the attorney had arrived. ITEMS & REPORTS BY MAYOR AND COUNCIL: Vice Mayor Sabatello requested discussion later in the meeting regarding parking for the Honda Classic. Councilmember Russo reported he had attended a meeting with Chamber of Commerce representatives, a Gardens Mall representative and Mr. Menin, developer of Downtown in the Gardens, to discuss relocation of Artigras to Palm Beach Gardens. Councilmember Russo reported he had also met with residents regarding Blood Bank issues of their fuel tank and wall. Councilmember Russo reported he would be attending a weekly meeting to get business owners involved in the Honda Classic. Councilmember Russo advised that a fill permit was needed to prepare for temporary parking for the Honda Classic. Growth Management Director Charles Wu explained that a way had been found to do that in- house and staff would report on it at the next meeting. Councilmember Russo reported the turkey event by the Big Heart Brigade had been a great success and commended all those who volunteered. Councilmember Clark reported the Beautification and Environmental Committee were in the process of selecting photographs for their environmental areas brochure. Mayor Jablin complimented Vice Mayor Sabatello and his family for their work in the Big Heart Brigade. Councilmember Russo thanked Gardens United for coordinating the event. Mayor Jablin reported the Blue Ribbon Committee had met and finalized their report, and their recommendations would be heard at the January 16, 2003 City Council meeting. Mayor Jablin reported the Hanukkah celebration had been a huge success with approximately 300 in attendance, and thanked staff for their participation. Councilmember Delgado also acknowledged Tom Dorita for his help with the Big Heart Brigade. Councilmember Russo reported Mr. Dorita was now recovering from knee surgery. Councilmember Delgado recognized Frenchman’s Creek and Ballenlsles residents who had prepared the food for the Hanukkah event. COMMENTS FROM THE PUBLIC: Joan Elias, 1009 Diamond Head Way, thanked everyone for the Hanukkah party, and especially Mayor Jablin for his participation. Mayor Jablin reported the event had been completely funded by donations, and invited everyone to CITY OF PALM BEACH GARDENS REGULAR MEET1NG, 12/05/02 the tree lighting ceremony next week. CONSENT AGENDA: Councilmember Clark made a motion to approve the consent agenda. Councilmember Delgado seconded the motion, which carried 5-0. The following items were approved on the consent agenda: a. Consideration of approving Minutes from the November 7, 2002 Workshop City Council Meeting. b. Consideration of approving Minutes from the November 7, 2002 Regular City Council Meeting. c.Resolution 173, 2002 - Gables at Northlake Subdivision Plat. Consideration of approving the Gables at Northlake Plat. d. Resolution 205, 2002 - Special Event Not To Exceed 6 Months "Taste of the Gardens" - Green Market. Consideration for approval of a special event for a City operated Green Market type program to be known as the Taste of the Gardens, to exceed the permitted duration time in accordance with Section 78-187 of the City Code. e. Resolution 214, 2002 - Amendment #2 - Financial Agreement. Consideration of authorizing the Mayor and City Clerk to execute Amendment #2 to a Financial Assistance Agreement with Palm Beach County which allows the City to be reimbursed for funding the preparation of Streetscape Plans for Northlake Boulevard between Military Trail and U.S. Highway One. f. Resolution 217, 2002 - Workers’ Compensation Settlement Agreement. Consideration of approving a Workers’ Compensation Settlement and General Release with Alvin Parrish. g. Resolution 218, 2002 - Abandonment of Pine Tree Boulevard Right-Of-Way. Consideration for approval of abandoning the Pine Tree Boulevard Road Right-Of- Way located within Plat 4 of the City of Palm Beach Gardens, Florida, as recorded in Plat Book 27, Pages 4 through 6, Public Records of Palm Beach County, Florida. f. Resolution 219, 2002 - Temporary Sales Center Time Extension. Consideration for approval of a six-month time extension or an extension until the City Council takes a final action on the pending PCD amendment to the BallenIsles PCD, whichever occurs first, for the BallenIsles Temporary Sales Center located on the west side of BallenIsles Drive approximately 700 feet south of PGA Blvd., in the BallenIsles Planned Community Development. g. Resolution 220, 2002 - Agreement with the Trust for Public Land. Consideration of approving an agreement with the Trust for Public Land for professional services related to a Parks and Recreation Ballot Measure scheduled for the election to be held in March 2003. h. Resolution 223, 2002 - Palm Beach Gardens Medical Center Boundary Plat. Consideration of approving the Palm Beach Gardens Medical Center Boundary Plat. PUBLIC HEARINGS: Ordinance 37, 2002 - Oakbrook PUD Amendment, Relocation of Retail. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of an amendment to the Oakbrook Square Shopping Center Planned Unit Development (PUD) adding a new 6,000 square-foot retail building alongside U.S. Highway One and renovating the existing buildings, located at the northeast coruer of PGA Boulevard and Highway U.S. CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/05/02 3 One, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date - for consideration of second reading, continued from 11/7/02 City Council meeting.) Councilmember Clark made a motion to continue the public hearing for Ordinance 37, 2002 to December 19, 2002. Motion was seconded by Councilmember Delgado. Councilmember Russo questioned if first reading would need to be re-done because of extensive changes, to which Mr. Wu responded the changes had not yet been seen, that first reading could take place again and it could also be sent back to P&Z if changes were extensive. Motion carried by 5-0 vote. Ordinance 42, 2002 - Old Palm Community Development District - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, establishing a Community Development District over the real property described in exhibit "A" to this ordinance comprising approximately 651 acres; naming the initial members of the Board of Supervisors of the district; establishing the name of the district as the "Old Palm Community Development District"; designating the powers of the district; providing for conflicts; providing for severability; and providing for an effective date - for consideration of first reading. Principal Planner Talal Benothman presented the request. Councilmember Russo expressed concern for creating more government and requested Mr. Pimentel be invited to speak to report how Northern Palm Beach County Improvement District would work with this agency. Councilmember Delgado expressed concern regarding compliance ofboardmembers of the CDD with the Sunshine Law. Michael Sabatello and a representative of WCI spoke on behalf of the petitioner. Councilmember Russo requested that City Engineer Len Lindahl be consulted on this issue. Following discussion, Councilmember Clark made a motion to place Ordinance 42, 2002 on first reading by title only. Councilmember Delgado seconded the motion. Councilmember Russo stated he was voting in favor because $9 million could be saved. The motion and second were withdrawn, in order to open the public heating. Mayor Jablin declared the public heating open, held on the intent of Ordinance 42, 2002. Hearing no comments from the public, Mayor Jablin declared the public heating closed. Councilmember Clark made a motion to place Ordinance 42, 2002 on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. The City Clerk read Ordinance 42, 2002 on first reading by title only. ANNOUNCEMENTS/PRESENTATIONS: Mayor Jablin announced that the attorneys had arrived and that the Attorney/Client Session would now be convened, with those attending being all members of the City Council, the City Manager, City Attorney Terry Watterson, City Attorney Len Rubin, and George Roberts, Esquire. They Mayor announced that the Attorney/Client Session was expected to last approximately 30-45 minutes. Following the Attorney/Client Session, the City Council meeting, was reconvened. RESOLUTIONS: Resolution 213, 2002 - Old Palm Golf Club PCD SP Review/Golf Maintenance & Golf Academy - Consideration for the approval of two site plans to allow for the development of a golf maintenance facility, golf academy, and helistop, located within the Old Palm Golf Club Planned Community District (PCD). Planner Natalie Wong presented the project. Steve Owenbrink, Kimley-Hom & Associates, designer of the helistop, explained FAA requirements and the proposed use. Henry Skokowski spoke on behalf of the applicant. After discussion, the applicant withdrew the helistop from the request. Councilmember CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/05/02 4 Clark made a motion to approve Resolution No. 213, 2002 with deletion of condition 4 in section 4 and any other references to the helistop and with the understanding that the helistop is deemed deleted from this approval in any way, shape, or form that it shows up, whether in the drawings or in the resolution. Motion was seconded by Councilmember Delgado and carried by unanimous 5-0 vote. ORDINANCES: Ordinance 43, 2002 - Submitting to Referendum an Amendment to Article VI of the City’s Charter. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, submitting to referendum an amendment to Article VI of the City Charter, "Administration as Council-Manager Form of Government," by amending Section 6-1, "City Manager," to remove unnecessary language regarding the appointment of persons to act on the City Manager’s behalf in the event of absence or disability, to delete the residency requirement and procedures for removal or suspension and to allow the City Manager to appoint and remove Department Heads, including the City Engineer, execute contracts as prescribed by the Council and exercise powers consistent with the Council-Manager form of government; providing for the title of the referendum ballot and explanatory statement; providing for advertising; providing for codification; providing for conflicts; providing for severability; and providing for an effective date - for consideration of first reading. City Attorney Len Rubin presented the request. Councilmember Clark made a motion to place Ordinance 43, 2002 on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. The City Clerk read Ordinance 43, 2002 on first reading by title only. Ordinance 44, 2002 - Submitting to Referendum an Amendment to Article VI of the City’s Charter. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, submitting to referendum an amendment to Article VI of the City Charter, "Administration as Council-Manager Form of Government," by amending Section 6-2, "City attorney," to allow the City Manger to hire the City attorney and determine the City Attorney’s compensation and benefits and to clarify that the City Council or the City Manger may hire additional Special Counsel to serve as Legal Advisors; providing for the title of the referendum ballot and explanatory statement; providing for advertising; providing for codification; providing for conflicts; providing for severability; and providing for an effective date - for consideration of first reading. City Attorney Len Rubin presented the request. Councilmember Clark made a motion to place Ordinance 44, 2002 on first reading by title only. Councilmember Delgado seconded the motion, which carried by 3-2 vote, with Councilmember Russo and Vice Mayor Sabatello opposed. The City Clerk read Ordinance 44, 2002 on first reading by title only. Ordinance 45, 2002 - Submitting to Referendum an Amendment to Article VII of the City’s Charter. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, submitting to referendum an amendment to Article VII of the City Charter, "Merit System," by amending Section 7-2, "Personnel System," to allow the City Manager to adopt, regulate and maintain a personnel system and to remove the requirement that the personnel system be adopted by ordinance; providing for the title of the referendum ballot and explanatory statement; providing for advertising; providing for codification; providing for conflicts; providing for severability; and providing for an effective date - for consideration of first reading. City Attorney Len Rubin presented the request. Councilmember Clark made a motion to place Ordinance 45, 2002 on first reading by title only. Councilmember Delgado CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/05/02 5 seconded the motion, which carried by unanimous 5-0 vote. The City Clerk read Ordinance 45, 2002 on first reading by title only. Ordinance 46, 2002 - Submitting to Referendum an Amendment to Article VIII of the City Charter. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, submitting to referendum an amendment to Article VIII of the City Charter, "Department Heads," by deleting Section 8-1, "Salary, Duties, Powers and Complaint," as unnecessary and obsolete; providing for the title of the referendum ballot and explanatory statement; providing for advertising; providing for codification; providing for conflicts; providing for severability; and providing for an effective date - for consideration of first reading. City Attorney Len Rubin presented the request. Councilmember Clark made a motion to place Ordinance 46, 2002 on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. The City Clerk read Ordinance 46, 2002 on first reading by title only. Ordinance 47, 2002 - Submitting to Referendum an Amendment to Article IX of the City’s Charter. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, submitting to referendum an amendment to Article IX of the City Charter, "Appointment, Powers and Duties of City Officers," by amending Section 9-1, "Powers and Duties of the Mayor," to delete any reference to the "Chief Executive Officer" and to clarify the Mayor’s duties consistent with the Council-Manager form of Government; providing for the title of the referendum ballot and explanatory statement; providing for advertising; providing for codification; providing for conflicts; providing for severability; and providing for an effective date - for consideration of first reading. City Attorney Len Rubin presented the request. Councilmember Clark made a motion to place Ordinance 47, 2002 on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 5- 0 vote. The City Clerk read Ordinance 47, 2002 on first reading by title only. Ordinance 48, 2002 - Submitting to Referendum an Amendment to Article XVIII to the City’s Charter. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, submitting to referendum an amendment to Article XVIII of the City Charter, "Ordinances and Resolutions," by deleting section 18-1, "Meeting and Procedure of City Council," and Section 18-4, "Posting or Publication of Ordinances," as obsolete and inconsistent with Florida Statutes and renumbering the remaining provisions of Chapter XVIII; providing for the title of the referendum ballot and explanatory statement; providing for advertising; providing for codification; providing for conflicts; providing for severability; and providing for an effective date - for consideration of first reading. City Attorney Len Rubin presented the request. Councilmember Clark made a motion to place Ordinance 48, 2002 on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. The City Clerk read Ordinance 48, 2002 on first reading by title only. Councilmelnber Russo stated for the record his position that City districts and direct election of the Mayor were two issues that also should be considered. Ordinance 50, 2002 - Extension of Build Out Dates for Development Orders. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, Extending the Expiration Dates for Approved Development Orders for Planned Unit Developments, Parcels within Planned Community Districts and Site Plans expiring in 2002 and 2003 to December 31, 2004: providing for conflicts; providing for severability; and providing for an effective date- for consideration of first reading. City Engineer Dan Clark presented the ordinance. CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/05/02 6 Discussion ensued. The City Engineer indicated staff would like to discuss the reservation capacity fee with the City Council. Councilmember Clerk made a motion to place Ordinance 50, 2002 on first reading by title only with the amendment to Section 2 changing the references to site plans expiring prior to January 1,2004 to December 31,2004 to January 1, 2003 to December 31, 2003 and also adding additional language suggested by staff. Councilmember Delgado seconded the motion. Vice Mayor Sabatello indicated he was in favor of the concept but felt that a lot more work was needed to stop the free fide. Motion carried 4-1 with Vice Mayor Sabatello opposed. CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/05/02 7 ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at approximately 10:52 p.m. APPROVAL: MAYOR JABLIN VICE MAYOR SABATELLO COUNC1LMEMBER CLARK COUNC1LMEMBER RUSSO ATTEST: COUNCILMEMBER DELGADO PATRICIA SNIDER CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL WORKSHOP MEETING December 19, 2002 The December 19, 2002 Workshop Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 6:05 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Councilmember Clark, and Councilmember Delgado. Vice Mayor Sabatello joined the meeting at 6:15 p.m., and Councilmember Russo was absent from the meeting. ANNOUNCEMENTS / PRESENTATIONS: Land Acquisition/Bond Referendum - Jack Downey, Administrator of Community Services, introduced Recreation Advisory Boardmembers Wendy Walker, George Smith, Michael Axelrod, Tori Buckley, David Lilt, Jill Milton, Mary Ann Hendrick, and Chairman Bert Premuroso. Mr. Downey announced that Jim Maynor had been unable to attend. Chairman Premuroso shared the results of a survey of the residents for park improvements and reported on a forum which had been held to obtain ideas for the City parks. The Board recommended that a bond referendum be placed on the March ballot to see if the residents wanted to enhance the City’s park system.Mayor Jablin announced at this point that Vice Mayor Sabatello had joined the meeting. Richard Dura of Gladding Jackson presented each of the individual proposed park enhancement packages, including major renovations of some existing facilities and some new facilities. For each project, the improvements requested by residents were described, a conceptual plan was presented, and the cost for that plan was announced. Total cost was between $20 million and $21 million. Allan Owens, Finance Administrator for the City, presented the cost to each homeowner for different amounts of a bond issue as based on certain assumptions, and the projected parks operating costs. Impact fees were considered as another possible source of funding. Chairman of the Recreation Advisory Board summarized that the Board’s recommendation was to place a $21 million bond referendum for park improvements, and land acquisition and development of MacArthur Boulevard park land on the March ballot. The City Council agreed that rather than reducingthe amount of the bond issue, the bond should be for the proposed $21 million, and if all the money was not needed it would not be spent. Discussion ensued regarding when improvements would take place. Mr. Downey announced that a preliminary report had been completed for the district park. David Barth of Gladding Jackson reported that a less ambitious, realistic phase one for the district park could be used and the County had responded positively to this concept. It was proposed to use impact fees for the district park if the improvements bond issue passed. The Recreation Advisory Board was complimented on their work. CITY OF PALM BEACH GARDENS WORKSHOP MEETING, 12/19/02 2 ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at approximately 6:45 p.m. APPROVAL: MAYOR JABL1N VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO ATTEST: " COUNCILMEMBER DELGADO PATRICIA SNIDER CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING December 19, 2002 The December 19, 2002 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:12 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Vice Mayor Sabatello, Councilmember Clark, and Councilmember Delgado. Councilmember Russo arrived at 7:45 p.m. ITEMS & REPORTS BY MAYOR AND COUNCIL: Mayor Jablin announced that he, Councilmember Delgado, and Councilmember Russo had attended the opening of the new skate park the previous Saturday. Mayor Jablin reported he, Councilmember Delgado, and Vice Mayor Sabatello had met on December 10 with representatives of E1 Paso Pipeline, a company that proposed to install a gas pipeline from the Bahamas under the ocean though this area to Martin County. Concern for volatility of this pipeline was expressed, which would not service a power plant in Martin County. Mayor Jablin stated he was very concerned. Councilmember Delgado commented there were no safety mechanisms in place to protect residents. Mayor Jablin presented a draft resolution for consideration by the City Council at their next meeting. Councilmember Clark expressed his opinion that it was wrong to shift the liability and the issues to someone else, and pointed out there were no good solutions. Mayor Jablin indicated that other pipelines had been proposed in less dense areas. Discussion ensued regarding safety issues and the need for clean electric power. Councilmember Delgado reported the Florida League of Cities had been successful in getting the word "municipalities" added back into the Palm Beach County Comprehensive Plan. CITY MANAGER REPORT: Mayors Golf Tournament Scholarship Presentation- Staff reported the Mayors Golf Classic was recently held at the City’s golf course to benefit initial funding for the recreation scholarship fund for Palm Beach Gardens youth. COMMENTS FROM THE PUBLIC: Julia Byrd, 4406 Daffodil Circle South, indicated she would appreciate a hard copy of the complete packet for City Council in the meeting room or lobby. Roger Blangy, 11658 Hemlock Street, expressed his opinion that the canal construction as proposed in Resolution 230 was too costly and that this was the wrong approach. City Engineer Dan Clark responded to Mr. Blangy’s concerns. Siro DeGasperis, PGA National, noted this was the 10th holiday season he had appeared before the City Council, expressed thanks for a good year and happy holidays, and announced there would be an article in the CAN newspaper regarding the pipeline. Catherine Dwore, 13105 Silver Fox Trail, expressed concern regarding the proposed pipeline and the condition of the existing pipeline, and pointed out that the proposed pipeline was purely speculative, that there were two others that could provide less impact to residential communities, and advised that the City could object to the proposed alignment. The City Council agreed to publish on the City’s website the GIS map showing the route of the proposed pipeline, and if the science could be verified to also show the areas that would be affected in an explosion. Mayor Jablin CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/19/02 2 announced that Councilmember Russo had joined the meeting approximately half an hour earlier. CONSENT AGENDA: Councilmember Clark made a motion to approve the consent agenda. Councilmember Delgado seconded the motion, which carried 5-0. The following items were approved on the consent agenda: a. Consideration of approving Minutes from the November 21, 2002 Regular City Council Meeting. b. Resolution 221, 2002 - Agreement with Bellsouth. Consideration of accepting a proposal from Bellsouth to provide equipment and installation for the upgrading of the City’s Telephone System. c.Resolution 224, 2002 - Evergrene PCD-Plat 4 (Parcel 3) Subdivision Plat. Consideration for approving the Evergrene PCD-Plat 4 Subdivision Plat. d. Resolution 229, 2002 - Approve appointment of two (2) members to the Board Trustees of the City of Palm Beach Gardens Police Officers’ Retirement Trust Fund. Consideration for approving the appointment of two (2) members to the Board ¯Trustees of the City of Palm Beach Gardens Police Officer’s Retirement Trust Fund. e. Resolution 230, 2002 - Contract with Hardrives, Inc. Consideration for approving an agreement with Hardrives, Inc. for the widening of the EPB-3D Canal within Pine Tree Boulevard fight-of-way. PUBLIC HEARINGS: Ordinance 43, 2002 - Submitting to Referendum an Amendment to Article VI of the City’s Charter. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, submitting to referendum an amendment to Article VI of the City Charter, "Administration as Council-Manager Form of Government," by amending Section 6-1, "City Manager," to remove unnecessary language regarding the appointment of persons to act on the City Manager’s behalf in the event of absence or disability, to delete the residency requirement and procedures for removal or suspension and to allow the City Manager to appoint and remove Department Heads, including the City Engineer, execute contracts as prescribed by the Council and exercise powers consistent with the Council-Manager form of government; providing for the title of the referendum ballot and explanatory statement; providing for advertising; providing for codification; providing for conflicts; providing for severability; and providing for an effective date - for consideration of second reading and approval. Mayor Jablin declared the public heating open, held on the intent of Ordinance 43, 2002. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place Ordinance 43, 2002 on second reading by title only and to approve Ordinance 43, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. The City Clerk read Ordinance 43, 2002 on second reading by title only. Ordinance 44, 2002 - Submitting to Referendum an Amendment to Article VI of the City’s Charter. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, submitting to referendum an amendment to Article VI of the City Charter, "Administration as Council-Manager Form of Government," by amending Section 6-2, "City attorney," to allow the City Manger to hire the City attorney and determine the City Attorney’s compensation and benefits and to clarify that the City Council or the City Manger may hire additional Special Counsel to serve as Legal Advisors; providing for the title of the referendum ballot CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/19/02 3 and explanatory statement; providing for advertising; providing for codification; providing for conflicts; providing for severability; and providing for an effective date - for consideration of second reading and approval.. Mayor Jablin declared the public heating open, held on the intent of Ordinance 44, 2002. Heating no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place Ordinance 44, 2002 on second reading by title only and to approve Ordinance 44, 2002. Councilmember Delgado seconded the motion. Councilmember Russo stated for the record that he believed the City Manager should work for the City Council and he felt it was a mistake to take this to the voters and hoped it would be explained to the voters in the tight manner. Motion carried by 3-2 vote, with Councilmember Russo and Vice Mayor Sabatello opposed. The City Clerk read Ordinance 44, 2002 on second reading by title only. Ordinance 45, 2002 -.Submitting to Referendum an Amendment to Article VII of the City’s Charter. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, submitting to referendum an amendment to Article VII of the City Charter, "Merit System," by amending Section 7-2, "Personnel System," to allow the City Manager to adopt, regulate and maintain a personnel system and to remove the requirement that the personnel system be adopted by ordinance; providing for the title of the referendum ballot and explanatory statement; providing for advertising; providing for codification; providing for conflicts; providing for severability; and providing for an effective date - for consideration of second reading and approval. Mayor Jablin declared the public heating open, held on the intent of Ordinance 45, 2002. Heating no comments from the public, Mayor Jablin declared the public heating closed. Councilmember Clark made a motion to place Ordinance 45, 2002 on second reading by title only and to approve Ordinance 45, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. The City Clerk read Ordinance 45, 2002 on second reading by title only. Ordinance 46, 2002 - Submitting to Referendum an Amendment to Article VIII of the City Charter. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, submitting to referendum an amendment to Article VIII of the City Charter, "Department Heads," by deleting Section 8-1, "Salary, Duties, Powers and Complaint," as unnecessary and obsolete; providing for the title of the referendum ballot and explanatory statement; providing for advertising; providing for codification; providing for conflicts; providing for severability; and providing for an effective date - for consideration of second reading and approval. Mayor Jablin declared the public heating open, held on the intent of Ordinance 46, 2002. Heating no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place Ordinance 46, 2002 on second reading by title only and to approve Ordinance 46, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. The City Clerk read Ordinance 46, 2002 on second reading by title only. Ordinance 47, 2002 - Submitting to Referendum an Amendment to Article IX of the City’s Charter. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, submitting to referendum an amendment to Article IX of the City Charter, "Appointment, Powers and Duties of City Officers," by amending Section 9-1, "Powers and Duties of the Mayor," to delete any reference to the "Chief Executive Officer" and to clarify the Mayor’s duties consistent with the Council-Manager form of Government; providing for the title of the referendum ballot and explanatory statement; providing for advertising; providing for CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/19/02 4 codification; providing for conflicts; providing for severability; and providing for an effective date- for consideration of second reading and approval. Mayor Jablin declared the public heating open, held on the intent of Ordinance 47, 2002. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place Ordinance 47, 2002 on second reading by title only and to approve Ordinance 47, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. The City Clerk read Ordinance 47, 2002 on second reading by title only. Ordinance 48, 2002 - Submitting to Referendum an Amendment to Article XVIII to the City’s Charter. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, submitting to referendum an amendment to Article XVIII of the City Charter, "Ordinances and Resolutions," by deleting section 18-1, "Meeting and Procedure of City Council," and Section 18-4, "Posting or Publication of Ordinances," as obsolete and inconsistent with Florida Statutes and renumbering the remaining provisions of Chapter XVIII; providing for the title of the referendum ballot and explanatory statement; providing for advertising; providing for codification; providing for conflicts; providing for severability; and providing for an effective date - for consideration of second reading and approval. Mayor Jablin declared the public heating open, held on the intent of Ordinance 48, 2002. Hearing no comments from the public, Mayor Jablin declared the public heating closed. Councilmember Clark made a motion to place Ordinance 48, 2002 on second reading by title only and to approve Ordinance 48, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. The City Clerk read Ordinance 48, 2002 on second reading by title only. Ordinance 37, 2002 - Oakbrook PUD Amendment, Relocation of Retail. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of an amendment to the Oakbrook Square Shopping Center Planned Unit Development (PUD) adding a new 6,000 square-foot retail building alongside U.S. Highway One and renovating the existing buildings, located at the northeast comer of PGA Boulevard and Highway U.S. One, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date - for consideration of second reading, continued from 12/5/02 City Council meeting.) Mayor Jablin declared the public heating open, held on the intent of Ordinance 37, 2002. Planner Jackie Holloman reviewed the project. Attorney Alfred Malefatto spoke on behalf of the applicant. Heating no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place Ordinance 37, 2002 on second reading by title only and to approve Ordinance 37, 2002. Councilmember Delgado seconded the motion. It was clarified that art in public places for this project would be brought before the City Council. Motion carried 3-2 with Vice Mayor Sabatello and Councilmember Russo opposed. The City Clerk read Ordinance 37, 2002 on second reading by title only. Ordinance 42, 2002 - Old Palm Community Development District - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, establishing a Community Development District over the real property described in exhibit "A" to this ordinance comprising approximately 651 acres; naming the initial members of the Board of Supervisors of the district; establishing the name of the district as the "Old Palm Community Development District"; designating the powers of the district; providing for CITY OF PALM BEACH GARDENS REGULAR MEET1NG, 12/19/02 5 conflicts; providing for severability; and providing for an effective date - for consideration of second reading and approval. Principal Planner Talal Benothman advised during his presentation that staff had changed Ordinance 42, 2002 since first reading by deleting the last sentence of Section 3, which had been reviewed by the City Attorney. The deletion had been made to assure that the City of Palm Beach Gardens was not granting approvals on behalf of other agencies. Michael Sabatello spoke on behalf of the petitioner. Mayor Jablin declared the public heating open, held on the intent of Ordinance 42, 2002. Heating no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place Ordinance 42, 2002 on second reading by title only and to approve Ordinance 42, 2002. Vice Mayor Sabatello seconded the motion, which carried by unanimous 4-0 vote. The City Clerk read Ordinance 42, 2002 on second reading by title only. Ordinance 50, 2002 - Extension of Build Out Dates for Development Orders. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, Extending the Expiration Dates for Approved Development Orders for Planned Unit Developments, Parcels within Planned Community Districts and Site Plans expiring in 2002 and 2003 to December 31, 2004: providing for conflicts; providing for severability; and providing for an effective date- for consideration of second reading and approval. City Engineer Dan Clark presented the ordinance as changed per direction from the City Council. Mayor Jablin declared the public heating open, held on the intent of Ordinance 50, 2002. Heating no comments from the public, Mayor Jablin declared the public heating closed. Councilmember Clark made a motion to place Ordinance 50, 2002 on second reading by title only and to approve Ordinance 50, 2002. Councilmember Russo seconded the motion. Vice Mayor Sabatello indicated he would vote against the motion for reasons that were on the record. Motion carried 3-1 with Vice Mayor Sabatello opposed. The City Clerk read Ordinance 50, 2002 on second reading by title only. RESOLUTIONS: Resolution 222, 2002 - Approve Final Cost Quote and Construction Documents for the Municipal Complex Outdoors Artwork by Costas Varotsos. Consideration for approving the final price quote and construction documents for the fabrication and installation of an outdoor sculpture designed by Costas Varotsos. David Porter, Chair of the Art Advisory Task Force, presented the final cost, which was $60,000 under the approved budgeted amount. Councilmember Clark made a motion to approve Resolution 222, 2002. Councilmember Russo seconded the motion, which carried by unanimous 4-0 vote. Resolution 227, 2002 - Crossroads Out Parcels Build-Out Revisions and Offsite Landscaping. Consideration for providing for amendments to Conditions 2 and 3 contained within Resolution 101, 2002, relating to the build-out date and the timing of installation of tight-of-way landscaping, and modifying the approved landscape plan for the "Northlake Commons" (F/K/A "Crossroads at Northlake") Shopping Center, located at the southeast corner of Interstate 95 and Northlake Boulevard. Senior Planner Kara Irwin presented the project. Councilmember Clark made a motion to approve Resolution 227, 2002. Councilmember Russo seconded the motion, which carried by unanimous 4-0 vote. Resolution 228, 2002 - Calling for Referendum Election on March 11,2003. Consideration for calling a Referendum Election on March 11, 2003, to decide whether a majority of the electors participating in said Referendum are in favor of amending the Charter of the City of CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/19/02 6 Palm Beach Gardens, Florida. Councilmember Russo made a motion to approve Resolution 228, 2002. Councilmember Clark seconded the motion, which carried by unanimous 4-0 vote. Resolution 231, 2002 - Appointment to the Art Advisory Committee. Consideration of providing for the appointment of one (1) alternate member to the Art Advisory Committee the City of Palm Beach Gardens. Staff Liaison Kara Irwin presented the recommendation to appoint Diane Capalla. Councilmember Russo made a motion to approve Resolution 231, 2002. Councilmember Clark seconded the motion, which carried by unanimous 4-0 vote. ORDINANCES: Ordinance 49, 2002 - Special Events. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the City Code of Ordinances by repealing Section 78-187, "Special Events," of Chapter 78, "Land Development," and adopting a new Section 78-187; providing for codification; providing for conflicts; providing for severability; and providing for an effective date - for consideration of first reading. Planner Natalie Wong presented the ordinance. Discussion ensued. Concern was expressed that the Vice Mayor’s comments had not been considered, and that special events not be a disguised sale. A suggestion was made to limit the amount of special events allowed to primary tenants and secondary tenants in a shopping center. Councilmember Clark made a motion to place Ordinance 49, 2002 on first reading by title only. Councilmember Russo seconded the motion, which carried by unanimous 3-0 vote. The City Clerk read Ordinance 49, 2002 on first reading by title only. Ordinance 51, 2002 - Shell Gas Station PUD Amendment - Sign & Color Changes. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to the Planned Unit Development for the PGA Shell Service Station located at 4445 PGA Boulevard to allow color changes to the building elevations and new signage; providing for conditions of approval; providing for a waiver; providing for conflicts; providing for severability; and providing for an effective date- for consideration of first reading. Planner Brad Wiseman presented the amendment. Councilmember Clark made a motion to place Ordinance 51, 2002 on first reading by title only. Councilmember Russo seconded the motion, which carried by unanimous 4-0 vote. The City Clerk read Ordinance 51, 2002 on first reading by title only. Ordinance 52, 2002 - Sign Code Amendment Non-Commercial Messages. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the Palm Beach Gardens Code of Ordinances by amending Chapter 78 "Land Development," Article V, "Supplementary District Regulations," Division 6, "Signs," by adding Section 78- 291 "Non-Commercial Messages"; providing for conflicts; providing for severability; providing for codification; and providing for an effective date - for consideration of first reading. City Attorney Len Rubin presented the amendment. Councilmember Clark made a motion to place Ordinance 52, 2002 on first reading by title only. Councilmember Russo seconded the motion, which carried by unanimous 4-0 vote. The City Clerk read Ordinance 52, 2002 on first reading by title only. ITEMS FOR DISCUSSION: Councilmember Russo reported at the County Commission meeting Renaissance Village made an application, which resulted in a tie vote, requiting the applicant to go for a comprehensive plan amendment, and Commissioner Masalotti had commented that the City of Palm Beach Gardens needed to be more cooperative and take a more active role. CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/19/02 7 Councilmember Russo reported that Mayor Jablin had participated in meetings, and also that Commissioner Marcus defended the City. Councilmember Russo requested that Mayor Jablin send a letter to Commissioner Masalotti inviting him to a meeting so that the Council could explain to him what they had done; and also requested that a letter be sent to Commissioner Marcus stating the City was an active participant and was trying to help. It was clarified that no one on the City Council had spoken with Commissioner Masalotti on this subject, and Mayor Jablin indicated he would write those letters. ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at approximately 9:40 p.m. APPROVAL: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO ATTEST: COUNCILMEMBER DELGADO PATRICIA SNIDER CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: 12/12/02 Meeting Date:01/16/03 Resolution: 1,2003 Subject/Agenda Item: Agreement with Palm Beach County- Interoperability through Common Law Enforcement Talk Groups IX] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Submitted by: Department Director Approved by: / City Mana~’,r Originating Dept.: Police Costs: $ 0 Advertised: Date: Paper: [ ] Not Required Affected parties _[.---]--Notified [ ] Not required (Total) $ 0 Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Cover letter, agreement and allocation table [ ] None Date Prepared: 12112/02 Meeting Date: 01116103 Resolution: 1,2003 BACK GROUND: Talk groups established on the County’ s communication system are made available to County Agencies, municipalities and other non-county agencies for interopembility communications between agencies for the purpose of providing mutual assistance and planning and executing of on-scene operations using the Cities existing equipment. This agreement sets forth the parameters under which the county will provide access to the common talk groups identifying the conditions of use and the ability ofthe City to participate in the operational decisions relating to the use of the Common Talk Groups. STAFF RECOMMENDATION: Staifrecommends approval of the agreement with Palm Beach County for Interoperability through Common Talk Groups ¯RESOLUTION: 1,2003 Facilities Development & Operations Department 3323 Belvedere Road Building 503 West Palm Beach, FL 33406 (561) 233-0200 FAX: Adm: (561) 233-0206 PREM: (561) 233-0210 CID: (561) 233-0270 www.pbcgov.com Palm Beach County Board of County Commissioners Warren H. Newell, Chairman Carol A. Roberts, Vice Chair Karen T. Marcus Mary McCarty Burr Aaronson Tony Masilotti Addie L. Greene County Administrator Robert Weisman "An Equal Opportunity Affirmative Action Employer" November 13, 2002 Lt. Paul Leffler, Police Department City of Palm Beach Gardens, 10500 Military Trail Palm Beach Gardens, F1. 33410 Re;Agreement with Palm Beach County - Interoperability through Common Law Enforcement Talk Groups Dear Lt. Leffier, In response to your request, I am forwarding the interlocal agreement which will allow for interoperability through use of County’s common talk groups. Attached please find three original agreements for execution. Please have the originals approved by the City Council and signed by the Mayor. When witnessed by the City Clerk, return all three to me at the address on this stationary. You will receive a fully executed copy for your records when executed by the Board of County Commissioners. Please do not date the Agreements, as they will be dated when executed by the Board. If you have any questions, please feel free to call. Sincerely, Audrey Wolf, Direct~or Facilities Development & Operations attachments c:Robert Weisman, County Administrator (w/o attach) Mark Filla, 800 MHz System Administrator ~ printed on recycled paper CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 1, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR INTEROPERABILITY THROUGH COMMON LAW ENFORCEMENT TALK GROUPS AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the County is making talk groups established on its communication system available to municipalities and other non-county agencies for the interoperability of communications using the City’s existing equipment; and WHEREAS, the County is requiring the execution of an Interlocal Agreement setting forth the parameters under which the County shall provide access to the common talk groups; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby approves the Interlocal Agreement with Palm Beach County for Interoperability through Common Law Enforcement Talk Groups, a copy of which is attached hereto as Exhibit "A" and incorporated herein, and authorizes the Mayor and City Clerk to execute said Agreement on behalf of the City. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption, -1- PASSED, ADOPTED AND APPROVED this day of ,2003. ATTEST: MAYOR JABLIN PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUB1N CITY ATTORNEY VOTE: MAYOR JABL1N VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT Date Prepared: January 2, 2003 Meeting Date: January 16, 2003 Resolution: 1, 2003 EXHIBIT A AGREEMENT THIS AGREEMENT, made and entered into this , by and between PALM BEACH COUNTY, a political subdivision of the State of Florida ("County") and the CITY OF PALM BEACH GARDENS, FLORIDA, a municipal corporation ("City") WITNESSETH WHEREAS, the County and the City are continually identifying more effective service delivery methods which result in overall savings to the taxpayers of the County and the City; and WHEREAS, the County has purchased, designed, installed, and operates an 800 MHz Trunked Radio System that supports the needs of the Palm Beach County Sheriff’s Office, Palm Beach County Fire Rescue, Palm Beach County Emergency Medical Services, and various Palm Beach County general government agencies; and WHEREAS, the County and the City have determined that the ability to provide interoperable communications is critical to the effective and efficient provision of public safety and general government services; and WHEREAS, it has been determined to be mutually beneficial to both Parties to execute this Agreement which sets forth the parameters under which the City can access the Common Talk Groups established on the County’s Radio System to receive the public safety benefit of interoperability; and WHEREAS, Section 163.0 l, Florida Statutes, permits public agencies to enter into Agreements to jointly exercise any power, privilege or authority which such agencies share in common and which each might exercise separately: NOW THEREFORE, in conjunction with the mutual covenants, promises and representations contained herein, the parties hereto agree as follows. SECTION 1: PURPOSE 1.01 The purpose of this Agreement is to set forth the parameters under which the County will provide access to the Common Talk Groups established on the County System specifically to provide interoperable communications among public safety and general government agencies capable of accessing this feature of the County System. This Agreement also identifies the conditions of use and the ability of the City to participate in the operational decisions relating to the use of the Common Talk Groups. 1.02 Definitions 1.021 Common Talk Groups: Talk groups established on the County’s communications system that are made available to County Agencies, municipalities and other non-County agencies for interoperable communications between agencies for the purpose of providing mutual assistance and planning and executing of on-scene operations. Interoperability Agreement Palm Beach Gardens Form - 11/13/02 1908 Page 1 of 8 1.022 County Talk-Groups: Talk groups established on the County’s communication system that are made available to county agencies providing for inter-departmental communications. These talk groups are reserved for particular departments/agencies and only available to outside departments by separate agreements. 1.023 City Equipment: Also known as "agency radios", are City owned 800 MHz handheld and mobile radios and control stations that have the ability to be programmed and used on the County’s 800 MHz Trunked Radio System. 1.024 Radio Alias: The unique name assigned to an operators radio that displays on the dispatchers console when a radio transmits. 1.025 System: The 800 MHz Trunked Radio System funded, purchased, installed, maintained and owned by the County. 1.026 System Administrator: An employee within the County’s Communication Division of the Department of Facilities Development& Operations Department responsible for day to day administration and management of the System and the County’ s designated contact person pursuant to various sections of this agreement. SECTION 2: ADMINISTRATION OF THE COUNTY’S 800 MHz SYSTEM AND USE PROCEDURES 2.01 The Palm Beach County Communications Division’s 800 MHz System Administrator will be the City’s day to day contact and can be reached at 561-233-4417. The Communications Division is staffed from 8:00am to 5:00pm, Monday through Friday, excluding County holidays. After hours emergency contact will be made through the County’s Fire Rescue Dispatch Center on 561-712-6550 and the appropriate contact will be made. 2.02 The Network Administration Plan identifies the general procedures for the management of the system and procedures for input through the user committees into operating procedure development. The plan establishes the Countywide Radio Steering Committee (CRSSC) who is responsible for overseeing and implementing the policies and procedures for the County’s 800 MHz Trunked Radio System. 2.03 The City shall follow all policies and standard operating procedures in place at the time of this Agreement as well as those developed in the future and issued to the City by the System Administrator. The City agrees to comply with any enforcement actions required by these policies and procedures for mis-use or abuse of the County System. SECTION 3: COUNTY EQUIPMENT & RESPONSIBILITIES 3.01 The County System consists of ten (10) 800 MHz transmit and receive sites with co-located microwave equipment and three (3) microwave only sites that provide network connectivity as well as the SmartZone Controller. Interoperability Agreement Palm Beach Gardens Form - 11/13/02 1908 Page 2 of 8 3.02 The County System provides seamless County-Wide portable and mobile radio coverage for the Common Talk Groups. The radio coverage for the Common Talk Groups is identical to that of other County Talk Groups that reside on the County 800 MHz Trunked Radio System. 3.03 The County shall be responsible for the maintenance and operation of the County Radio System, including all costs associated with permitting and licensing. 3.04 The County shall maintain the coverage within the City municipal boundaries as described in the County’s contract with Motorola R98-2006D throughout the term of this Agreement except for times of scheduled preventative maintenance, where it will be required to disable portions of the network for a pre-determined length of time or during times of system failures. The City shall be notified of scheduled preventive maintenance. 3.05 The County shall be responsible for talk group and fleet mapping management in accordance with the procedures and policies set forth in Attachment I. SECTION 4: CITY EQUIPMENT AND RESPONSIBILITIES 4.01 The City’s equipment will be 800 MHz. mobile, portable, and control station equipment programmed to be used on the County’s 800 MHz Trunked Radio System. The equipment used will be compatible with Motorola 800 MHz SmartNet and/or SmartZone conmaunication systems. The City will be required to keep its equipment in proper operating condition and the City is responsible for maintenance of their radio equipment. 4.02 The City will only program the Common Talk Groups and the individual unit ID numbers assigned by the System Administrator as part of this Agreement. The City will not program into its radios County operational talk groups without a letter of authorization or a signed agreement from the County. 4.03 The City shall provide the County with a list of persons/positions which are authorized to request activating/deactivating existing units or new units. No programming will be undertaken by the City or its service provider until requested and approved in writing by the System Administrator. 4.04 The City shall receive certain access codes to the County’s System to enable the common talk groups to be programmed into their equipment. The access codes are to be treated as confidential information and the City is responsible to safe guard the code information from release to unauthorized parties. 4.05 Access and programming codes will only be released to; 1) service staff employed by the City, 2) approved commercial service providers under contract with the City, or 3) County departments (PBSO, Fire Rescue and/or County Communications, or 4) another City that has in-house service personnel and an agreement with the County. 4.06 The County will approve all commercial service providers upon review of whether the contract terms between the City and the commercial service provider are adequate to protect the County’s radio system from mis-use, harm or release of access and programming codes to unauthorized persons. Interoperability Agreement Palm Beach Gardens Form - 11/13/02 1908 Page 3 of 8 4.07 The City will be responsible for ensuring that the commercial service provider adheres to the terms of this agreement pertaining to the proper use of access/programming codes and radio use. 4.08 The City is solely responsible for the performance and the operation of the City equipment and any damages or liability resulting from the use thereof. Should the County identify malfunctioning City owned equipment, the County will request the City discontinue use of the specific device until the repairs are completed. The County may, at its discretion, disable the equipment from the System after properly notifying the City in writing if the device is causing interference to the System. 4.09 In the case of lost of stolen equipment, the City will notify the System Administrator by e-mail or fax authorizing the System Administrator to disable the equipment. The authorization shall provide the County issued individual unit ID number and the serial number of the radio. The System Administrator will advise back via e-mail when the radio has been disabled. A request by the City to re-activate a disabled unit will also be required in writing by e-mail or fax to the System Administrator. SECTION 5 SUBSCRIBER UNIT INFORMATION TO BE PROVIDED BY CITY 5.01 The City will be required to provide to the County an initial inventory of the radios that are proposed to be programmed for use of the Common Talk Groups. The City will provide the following information to the County: Radio manufacturer and model numbers Radio serial numbers Requested Aliases to be programmed. The System Administrator will then compile this information and transmit back to the City a matrix of the County-Wide talk groups, aliases, and radio ID numbers prior to the City’s radios being activated on the County’s 800 MHz system. The City is responsible for adhering to the Talk-Group and Radio ID allocations established by the County. The Talk-Group and Radio ID allocations are shown on Attachment I. SECTION 6: UTILIZATION AND MONITORING OF COMMON TALK GROUPS 6.01 The Common Talk Groups were implemented specifically for inter-agency communication among multiple agencies, regardless of their specific discipline or affiliation. They were also created to allow communications between agencies without requiring cross-programming operational talk groups in each agencies radios. Usage of the Common Talk Groups is authorized to coordinate a multi-jurisdictional fire/law enforcement/disaster recovery operations such as fires requiring multi- agency responses, police pursuit through multiple jurisdictions and coordination and response to local emergencies and disasters. Other authorized uses include undercover operations, investigations, perimeter communications, fire ground coordination, scene security, landing zone communications requiring participation of multiple agencies and disciplines.. In addition, the Common Talk Groups can be used by any agency experiencing catastrophic failures of their own communication system for a determined amount of time. A request to utilize the Common Talk Groups for this situation requires permission of the System Administrator. Once Interoperability Agreement Palm Beach Gardens Form - 11/13/02 1908 Page 4 of 8 approved by the System Administrator, the Common Talk Groups could be temporarily utilized until repair of the agency’s communication system is complete. 6.02 The Common Talk Groups shall not be used for every-day routine communications or as an extra talk group for agencies that have cross programming agreements and duplicate talk groups programmed into their radios. Other prohibited uses include communications for special events and operations, or as an additional dispatch, administrative, or car to car talk group for a single agency. 6.03 Agencies requesting to utilize the Common Talk Groups by this Agreement have a requirement to monitor the Calling Talk Group in their respective dispatch center and to respond to calls for assistance from field units. The dispatch centers which combine more than one discipline in their dispatch center are required to monitor the disciplines which are dispatched. Agencies which do not utilize their own dispatch center are not required to monitor the Calling Talk Group. SECTION 7: INDEMNIFICATION AND LIABILITY The County makes no representations about the design or capabilities of the County System. The City has decided to enter into this Agreement and use the County’s system on the basis of having interoperability with the County and/or other municipalities during times of mutual aid and/or joint operations. City shall indemnify, defend and save County harmless from and against any and all claims, actions, damages, liability and expense in connection with: (i) loss of life, personal injury and/or damage or destruction of property arising from or out of any use or lack thereof, of the County’s System; (ii) use by City, or (iii) any act or omission of City, its agents, contractors, employees or invitees. In case County shall be made a party to any litigation commenced against the City or by City against any third party, then City shall protect and hold harmless and pay all costs and attorney’s fees incurred by County in connection with such litigation, and any appeals thereof. The terms and conditions of this Interoperability Agreement incorporate all the rights, responsibilities, and obligations of the parties to each other. The remedies provided herein are exclusive. The County and the City waive all remedies, including, but not limited to, consequential and incidental damages. The County agrees to use its best reasonable efforts to provide the City with full use of the Common Talk Groups but makes no guarantee as to the continual, uninterrupted use of the radio communication system, or its fitness for the communication needs of the City. Neither the County or the City shall be liable to each other or for any third party claim, which may arise out of the services provided hereunder or of the radio system itself, its operation or use, or its failure to operate as anticipated, upon whatever cause of action any claim is based. The System is designed to assist qualified law enforcement, fire, and other emergency service professionals. It is not intended to be a substitute for the exercise of judgement or supervision of these professionals. Both parties acknowledge that the responsibility for providing law enforcement, fire, or other emergency services rests with the City which is providing such service and not with the other party to the Interoperability Agreement. The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions, and negligence of the other party. Further, nothing Interoperability Agreement Palm Beach Gardens Form - 11/13/02 1908 Page 5 of 8 herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. SECTION 8: OWNERSHIP OF ASSETS All assets maintained under this Agreement will remain assets of the respective party. SECTION 9: TERM OF AGREEMENT The initial term of this Agreement is for up to five (5) years and shall commence immediately upon execution of this Agreement. The Agreement may be renewed for three (5) year term thereafter. At least six months prior to the expiration of this Agreement’s term, the City shall provide the County with a request to renew this Agreement. Such Renewal Amendment will require approval of both parties and the County may not unreasonably withhold its approval of the Renewal Amendment. SECTION 10: AMENDMENTS TO THIS AGREEMENT This Agreement may be amended from time to time by written amendment as agreed to by all parties. SECTION 11: TERMINATION This Agreement can be terminated by either party, with or without cause upon l0 days written notice. Upon request of termination by the City, the System Administrator will proceed to disable the City’s radios from the County’s System. It will be the responsibility of the City to reprogram the City’s radios removing the County’s System information from the radios. The City will complete reprogramming the City’s radios within 60 days of the date of termination. Cities with greater than 100 radios will be given 90 days to re-program its radios. SECTION 12: NOTICES Any notice given pursuant to the terms of this Agreement shall be in writing and done by Certified Mail, Retum Receipt Requested. The effective date of such notice shall be the date of receipt, as evidenced by the Return Receipt. All notices shall be addressed to the following: As to the County: County Administrator 301 North Olive Avenue West Palm Beach, FL 33401 Director, Facilities Development & Operations 3323 Belvedere Road, Building 503 West Palm Beach, FL 33406 Interoperability Agreement Palm Beach Gardens Form - 11/13/02 1908 Page 6 of 8 With a copy to: 800 MHZ System Administrator 3323 Belvedere Rd. Building 506 West Palm Beach, FL 33406 County Attorney’s Office 301 North Olive Avenue West Palm Beach, FL 33401 As to the City: City Manager, City of Palm Beach Gardens 10500 Military Trail Palm Beach Gardens, FI. 33410 City Attorney, City of Palm Beach Gardens 10500 Military Trail Palm Beach Gardens, F1. 33410 Chief of Police City of Palm Beach Gardens 10500 Military Trail Palm Beach Gardens, FI. 33410 SECTION 13: APPLICABLE LAW/ENFORCEMENT COSTS This agreement shall be govemed by the laws of the State of Florida. SECTION 14: FILING A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. SECTION 15: ENTIRE AGREEMENT This Agreement and any Attachments attached hereto and forming a part thereof as if fully set forth herein, constitute all agreements, conditions and understandings between the County and City concerning access to the Common Talk Groups, All representations, either oral or written, shall be deemed to be merged into this Agreement, except as herein otherwise provided, no subsequent alteration , waiver, change or addition to this Agreement shall be binding upon County or City unless reduced to writing and signed by them. Interoperability Agreement Palm Beach Gardens Form - 11/13/02 1908 Page 7 of 8 SECTION 16: DELEGATION OF DUTY Nothing contained herein shall be deemed to authorize the delegation of the Constitutional or Statutory duties of County or City officers. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: DOROTHY H. WILKEN PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS By:By: Dir. Facilities Dev & Ops ATTEST:CITY OF PALM BEACH GARDENS, FLORIDA By: By: City Clerk Signature of Mayor By: Printed Name of Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney C:kDocuments and Settings~Audrey Wolf~vly DocumentshMy Documents\800 MHz\talk group pbg.wpd Interoperability Agreement Palm Beach Gardens Form - 11/13/02 1908 Page 8 of 8 0 0 cO D 0 (D CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 18, 2002 Meeting Date: January 16, 2003 Resolution: Resolution 7-2003 Subject/Agenda Item: Proposed agreement between the City of Palm Beach Gardens and the Garden Oaks Property Owners Association to provide uniform traffic control on the private streets and roadways within the Garden Oaks community. [XX ] Recommendation to APPROVE [ ] Recommendation to DENY Council Action:Reviewed by: City Attorney~ Finan¢~ Submitted by: Department Director Appro ed by: City Manager Originating Dept.: Police Advertised: Costs: $ 0 (Total) $ 0 Current FY Funding Source: Date: Paper: [ ] Operating [ ] Other [ ] Not Required Affected parties [ ] Notified [ ] Not required Budget Acct.#: [ ] Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Executed agreement [ ] None Date Prepared: December 18, 2002 Meeting Date: January 16, 2003 Resolution: Resolution 7 - 2003 IEXIBITS & ATTACHMENTS MENTIONEI)~ MUST BE INCLUI)EI) WITH MENTIONED ITEM AND BEFORE THE NEXT TOPIC BACKGROUND: The Garden Oaks Property Owners’ Association desires to enter into an agreement with the City of Palm Beach Gardens for the purpose of providing uniform traffic control on the private streets and roadways within their gated community. The Police Department conducted a survey of the traffic control devices and signs within the community on November 15, 2002 and determined that they meet the standards set forth by the Florida Department of Transportation for traffic control devices. STAFF RECOMMENDATION: Staff recommends entering into this traffic control agreement with the Garden Oaks Property Owner’s Association for the purpose of providing uniform traffic control within the Garden Oaks community. Date Prepared: December 18, 2002 Page: One CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 7,2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY AND THE GARDEN OAKS PROPERTY OWNERS ASSOCIATION FOR UNIFORM TRAFFIC CONTROL ON PRIVATE STREETS AND ROADWAYS WITHIN THE GARDEN OAKS COMMUNITY; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, section 316.006(2)(b), Florida Statutes, provides that municipal law enforcement officers, upon execution of an agreement between a private community and a municipality, shall have the power to enforce uniform traffic control on the private streets and roadways within the community; and WHEREAS, Garden Oaks Property Owners’ Association has requested that the City provide uniform traffic control within Garden Oaks community, and the City agrees to provide such services; and WHEREAS, the City Council has deemed approval of this Agreement to be in the best interest of the citizens and residents of the City of Palm Beach Gardens NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clause is hereby ratified and confirmed as being tree and correct and is hereby made a specific part of this Resolution. SECTION 2: The City Council hereby approves the Agreement with the Garden Oaks Property Owner’s Association relating to traffic control, a copy of which is attached hereto as Exhibit "A" and incorporated herein by the reference, and authorizes the Mayor and City Clerk to execute said Agreement on behalf of the City. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of ,2003. ATTEST: MAYOR JABLIN PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUB1N CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT AGREEMENT FOR TRAFFIC ENFORCEMENT THIS AGREEMENT, is made and entered into as of the day of 2002, by and between the CITY OF PALM BEACH GARDENS, a Florida municipal corporation ("City"), and the GARDEN OAKS HOMEOWNERS ASSOCIATION, INC., Florida non-profit corporation ("Association"). WITNESSETH: WHEREAS, section 316.006(2)(b), Florida Statutes, authorizes the City’s enforcement officers to exercise traffic control jurisdiction over private roads located within the City pursuant to written agreement between the City and the party or parties owning or controlling such roads; and WHEREAS, the Association, as the beneficial owner of the roadways within the Garden Oaks community and acting on behalf of its residents, has requested that the City provide uniform traffic control enforcement and the City has agreed to provide such traffic control in accordance with the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual representations herein contained, the parties hereto agree as follows: 1. The City agrees to provide uniform traffic control in and on the private streets and roadways within Garden Oaks during normal patrol hours. The Association acknowledges that this Agreement does not guarantee a minimum number of hours of traffic enforcement. 2. The Association agrees to indemnify and hold harmless the City, its Police Department, and all of its officials, officers, agents and employees, against all loss, liability and expenses and all claims made for injury or damage to person or property (including, but not limited to, wrongful death and impairment of any property interest) arising or resulting from the City exercising normal, customary traffic enforcement jurisdiction over the private streets and roadways within Garden Oaks, which result from the improper or negligent actions of persons under the direct control of the Association or the negligent maintenance of the property which is under the direct control of, and is the maintenance obligation of, the Association. 3. The City shall not be obligated to provide uniform traffic control within Garden Oaks until such time as the Association posts state-approved traffic control devices, where required. 4. This Agreement shall take effect on the date it is signed by both parties and may be canceled by the City or the Association, for any or no reason, by providing thirty (30) days’ written notice to the other party. -1- 5. All Notices required or allowed by this Agreement shall be hand-delivered or mailed by certified mail, return receipt requested. Notices are to be sent to the following: As to the City:City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attention: City Manager As to the Association:Garden Oaks Homeowners Association, Inc. 4100 Lazy Hammock Road Palm Beach Gardens, Florida 33410 Attention: Association President copy to:V. Donald Hilley, Esquire 11382 Prosperity Farms Road, Suite 124 Palm Beach Gardens, Florida 33410 6. This Agreement represents the entire understanding between the parties with respect to the subject matter hereof, and supercedes all other negotiations, representations and agreements, either written or oral, relating to this Agreement. 7. In the event any section, paragraph, clause or provision hereof is deemed invalid by a court of competent jurisdiction, such shall not affect the remaining portions of this Agreement, which shall remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands hereunto as of the date first above written. CITY OF PALM BEACH GARDENS, a Florida municipal corporation By: Eric Jablin, Mayor ATTEST: Patricia Snider, City Clerk Approved as to form and legal sufficiency: Leonard G. Rubin, City Attorney -2- GARDEN OAKS HOMEOWNERS ASSOCIATION, a Florida non- profit corporation Name:Terence Brady Title:Association President P:\CPWin\HISTORY~021121A\43F.173(319.062)lgr-doc344 -3- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 31, 2002 Meeting Date: January 16, 2003 Resolution: 9, 2003 S~tbject/Agenda Item: Resolution 9, 2003 approving an agreement withGSG, Inc. to continue PGA Flyover assessment services for Fiscal Years 2003/2004 and 2004/2005. [ X ] Recommendation to APPROVE [ | Recommendation to DENY Council Action:Reviewed by: City Attorney Submitted by: Department Director App~,~,A.,~ "[ City Manager [ Originating Dept.: Finance Advertised: Date: Paper: [ X ] Not Required Affected parties ] Notified ] Not required Costs: $30,000 (Total) $15,000 Current FY Funding Source: [X] Operating [ ] Other Budget Acct.#: 001-0600-513.3150 [ ] Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: ¯GSG, Inc. Agreement ¯Resolution 9, 2003 [ ] None Date Prepared: December 31, 2002 Meeting Date: January 16, 2003 Resolution: 9, 2003 BACKGROUND: The City of Palm Beach Gardens has previously engaged the firm of Government Services Group, Inc. (GSG), to establish the assessment methodology and implement the first year Tax Increment Financing District (TIF) assessment program for the funding of the PGA Flyover enhancements. In order to maintain the continuity and efficiency of this program, staff is recommending approval of the attached agreement with GSG, Inc. for a two-year period, at a total cost of $15,000 each year. STAFF RECOMMENDATION: Staff recommends a motion to approve Resolution 9, 2003, as presented. ¯RESOLUTION: Attached RESOLUTION 9, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AGREEMENT WITH GOVERNMENT SERVICES GROUP, INC. AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens ("City") has elected under Section 197.363(1), Florida Statutes, for the collection of its non-ad valorem assessments pursuant to the uniform method for the levy, collection and enforcement of non-ad valorem assessments as provided for in Section 197.3632, Florida Statutes and City’s adoption of Resolution 162, 2001; and WHEREAS, City has enacted the imposition of special assessments for the provision of the PGA Flyover Assessment Area; and WHEREAS, City has previously engaged the firm of Government Services Group, Inc. for the first year implementation of said special assessments, and desires to continue the services provided by Government Services Group, Inc. for a two-year period; and WHEREAS, the City Council has determined the adoption of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The Palm Beach Gardens City Council hereby approves the agreement with Government Services Group, Inc., attached hereto as Exhibit "A" and incorporated herein and authorizes the Mayor and City Clerk to execute said agreement. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolutions is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of ,2003. ATTEST: PATRICIA SNIDER, CITY CLERK MAYOR JABLIN I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT GSG. Government Services Group, Inc. Dedicated to solving funding and service delivery issues in the public sector 1500 Mahan Drive, Suite 250 ¯ Tallahassee, FL 32308 ¯ Phone (850) 681-3717 ¯ Fax (850) 224-7206 ¯ Email: gsg@g0vserv.c0m September 13, 2002 Alan Owens Financial Services Director City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410-4698 Re:City of Palm Beach Gardens Flyover Road Structure Enhancements Assessment Program Continuing Services ~ear Alan: e City of Palm Beach Gardens has successfully completed the first year of the ~znnual assessment program for road structure enhancements initiated in Fiscal Year 2000-2001. Government Services Group, Inc. ("GSG") and Nabors, Giblin & Nickerson, P.A. ("NG&N") are pleased to have assisted the City of Palm Beach Gardens in undertaking and successfully implementing this recurring revenue source. In order to continue this relationship and the achievements realized thus far, I have enclosed the following (1) work order, (2) scope of services, (3) listing hourly rates, (4) fees and costs, and (5) critical events schedule synopsis assist the City of Palm Beach Gardens in the preparation of the road structure enhancements assessment program for Fiscal Year 2003-04. Preparation and implementation of a non-ad valorem assessment roll program is a very exacting process. The end product is dependent upon the various individual project components both in terms of the accuracy of the data and the timeliness of the information provided to the consulting team. GSG will put forth the best effort based on our extensive experience and knowledge of development, implementation and maintenance of similar programs. As our work efforts proceed, other required tasks unique to this project may be identified. GSG will discuss any proposed fee adjustments prior to initiating any additional service efforts. Please review the attached work order and scope of services. We are currently preparing our schedule for the upcoming assessment season, and would appreciate your prompt reply. This will help us to accommodate your requests and provide you with thoughtful and deliberate attention to ensure the continuation of this successful recurring revenue source. The execution of this Alan Owens September 13, 2002 Page 2 letter agreement indicates acceptance of this proposal (pursuant to NG&N’s existing Retainer Agreement) and Notice to Proceed. To execute this agreement, please have an appropriate member of the City of Palm Beach Gardens management sign page three of this letter where indicated. Upon execution of this agreement, pages 1, 2 and 3 of this cover letter may be returned to our office by U.S. mail or fax transmission along with a copy of any related purchase order for these services. To assist the City of Palm Beach Gardens management with the annual planning and budget process for this assessment program, we have also provided herein the opportunity to extend the term of the enclosed work order, scope of services and the quoted fee for annual maintenance of the special assessment roll for Fiscal Year 2004-05. To extend this contract for services, please have an appropriate member of the City of Palm Beach Gardens management sign where indicated. To assist us in the preparation of upcoming work schedules, we request that the City of Palm Beach Gardens management notify us of their intent to extend this work order by October 31, 2002. We cannot provide an), assurance to the City of Palm Beach Gardens management that the lump sum fee quoted herein will remain fixed at the amount indicated for Fiscal Year 2004- 05 beyond that date. Upon execution of this agreement, the City of Palm Beach Gardens management should forward a copy of the related Purchase Order for these services to GSG’s Accounting Department. Alternatively, the City of Palm Beach Gardens management should indicate in the space provided herein if no Purchase Order is required to initiate this engagement. We look forward to working with the City of Palm Beach Gardens on this important project. If you have any questions or need further information, please feel free to call me. Sincerely, Laura McKinley\ LMM/jdo Enclosures (1) Cc:Nabors, Giblin & Nickerson, P.A. Stacy Rundle, City Projects Manager September 13, 2002 Page 3 ACCEPTED AND AGREED TO FOR FISCAL YEAR 2003-04 ASSESSMENT ROLL: By: City of Palm Beach Gardens Title: Date: ACCEPTED AND AGREED TO FOR FISCAL YEAR 2004-05 ASSESSMENT ROLL: By: Title: City of Palm Beach Gardens Date: FISCAL YEAR 2003-04 ASSESSMENT ROLL PURCHASE ORDER ( City of Palm Beach Gardens management has reviewed this scope of services and determined that no Purchase Order is needed to initiate this engagement. No Purchase Order will be provided to GSG. ( City of Palm Beach Gardens management has reviewed this scope of services and determined that a Purchase Order is needed to initiate this engagement. A Purchase Order will be issued and provided to GSG by mail or fax transmission. FISCAL YEAR 2004-05 ASSESSMENT ROLL PURCHASE .ORDER If City of Palm Beach Gardens management extends this contract to the Fiscal Year 2004-05 special assessment roll, we will coordinate Purchase Order processing instructions with City of Palm Beach Gardens before October 1, 2003. This correspondence is written to provide additional information regarding the attached scope of services for the Palm Beach Gardens Flyover Assessment Program. Nabors, Giblin & Nickerson, P.A. (NG&N) and Government Services Group, Inc. (GSG) will provide these annual roll maintenance services to the City of Palm Beach Gardens and its staff. We have included the following schedules for your analysis and review: ¯ Annual Assessment Program Scope of Services Listing of Hourly Rates Listing of Fees and Costs ¯ Annual Assessment Program Critical Events Schedule OTHER INFORMATION ProposedFees Our fees for these services are based upon our standard billing practices in .effect at the time of this engagement, which account for both the time required to perform and the complexity of the specified tasks to complete the engagement. For professional services provided, NG&N and GSG will be compensated by a lump sum fee of $15,000. The lump sum fee includes costs anticipated for one on-site visit from a GSG or NG&N representative and other direct expenses such as report production, postage and .data processing. The quoted fee is based on anticipated cooperation and assistance from your personnel and the assumption that unexpected circumstances will not be encountered. Cooperation and assistance from your personnel include the items disclosed below in the City of Palm Beach Gardens Assistance section. If significant additional time is necessary or; unexpected circumstances arise, we will discuss this with you and arrive at a new fee estimate before we incur the additional costs or perform additional work tasks. Statements for professional services rendered and costs incurred will be provided on a periodic basis, but not more than monthly. All invoice installments will be billed and due prior to September 30, 2003. Amounts unpaid after thirty (30) days are subject to a one and one-half percent (1 1/2%) per month service charge. In accordance with our firm policies, work may be suspended if your account becomes forty-five (45) days or more overdue and will not be resumed until your account is paid in full. Additional on-site meetings with representatives of GSG or NG&N may be arranged at our standard hourly rates. Project status meetings may be arranged. through scheduled telephone conferences in lieu of additional on-site visits. Additional Costs for First Class Notices as Required by Florida Statutes The charges for professional fees do not include the cost of producing and mailing the statutorily required first class notices for (1) the implementation year for capital assessment projects or (2) the rate notices required annual for service assessment projects. These costs depend on the number of assessable parcels of property within the City of Palm Beach Gardens project area. Mailing and production costs are $1.03 per parcel, due and payable one week prior to mailing date according to the .critical events schedule. In the event that additional direct mailing costs occur (for example, if U.S. postage rates increase during the course of this engagement), we will notify you immediately with the revised unit cost per notice. ..City of Palm Beach Gardens Assistance The attached scope of services assumes that the City of Palm Beach Gardens will be responsible for providing the necessary budget background and approving annual revenue requirements. The City of Palm Beach Gardens will also be responsible for compliance with established assessment methodology and will provide necessary staff to conduct any field research of the data contained on the ad valorem tax roll. GSG will share their experience and expertise, provide advice, research, and opinions to you and other officials regarding the proposed methodology, rate structures, and will provide advice and assistance in the development of the assessment roll required to implement and collect the assessments using the tax bill collection method. Additional Services In recognition that NG&N and GSG are organizations dedicated to providing special assistance to local governments in developing innovative and efficient solutions to public sector issues, the firms, shall, on an hourly or negotiated fee basis, also be available to provide additional services to the City of Palm Beach Gardens on finance, revenue or other local governmental matters. Such services (including, for example, services related to City of Palm Beach Gardens sponsored public education workshops or assistance with preliminary analysis of other proposed assessment projects) may be provided under a written change order, extension to this scope of services, or by separate agreement mutually acceptable to the parties. Litigation Services The services described herein do not include litigation defense services. However, all work in developing, implementing and maintenance of assessment programs is performed with an eye on potential legal challenges in an attempt to maximize both the efficiency and effectiveness of any defense. In the event there is a challenge, .NG&N will be available on an hourly basis to assist the City of Palm Beach Gardens in its defense. Task 1:Prepare Annual Assessment Roll Develop and update the assessment roll for Fiscal Year 2001-02 for use in the recurring annual assessment program by obtaining new download of ad valorem tax roll information from the County Property Appraiser’s Office and identifying changes to parcels (i.e., splits, combinations and subdivisions). GSG will work with City of Palm Beach Gardens staff as necessary to process database revisions generated. Task 2:Determine Revenue Requirements Advise the City of Palm Beach Gardens in determining the annual assessment revenue requirements for the assessment program(s) for Fiscal Year 2003-04 based on information from the City of Palm Beach Gardens financial advisor or other appropriate management personnel. Task 3 Calculate Adjusted Tax Increment Amounts Calculate/confirm the annual Adjusted Tax Increment amounts based on the apportionment methodology for the assessment program as described in the City’s Resolution No. 2000-113, Section 3.04(B). Task 4:Calculate Annual Assessment Amounts Calculate/confirm the annual assessment amounts based on the apportionment methodology and revenue requirements for the assessment programs for Fiscal Year 2003-04. Task 5:Develop and Prepare Annual Implementation Documents NG&N will prepare annual legal documents that conform to the Capital Assessment Ordinance, if required. Task 6:Certify the Annual Assessment Roll If required, advise and assist with the legal requirements for the adoption of the final assessment rate resolution in accordance with Section 197.3632, Florida Statutes including the certification of the assessment roll to the Palm Beach County Tax Collector. NG&N Staff Level Hourly Rate Principals Associates Law Clerks $175 150 5O GSG Staff Level Hourly Rate Principals $225 Senior Project Manager 150 Project Manager 140 Consultant 125 GIS/Database Specialist 125 Analyst 90 Administrative Support 50 Listing of Fees and Costs For professional services provided as detailed in the attached work plan, a lump sum fee of $15,000 will compensate NG&N and GSG. The lump sum fee will be due and payable in four equal installments. The first installment payment will be submitted to you by January 1, 2003. Subsequent statements for professional services rendered and costs incurred will be provided on a periodic basis, but not more often than monthly. All invoice installments will be billed and due prior to September 30, 2003. The lump sum fee for professional services includes one on-site visit with representatives of GSG or NG&N. Additional on-site meetings may be arranged at our standard hourly rates. Project status meetings may be arranged through scheduled .telephone conferences in lieu of additional on-site visits. The lump sum fee does not include the costs of producing and mailing the statutorily required first class notices for Fiscal year 2003-04, if required. These costs depend on the number of assessable parcels of property within the Palm Beach Gardens Flyover. However, mailing and production costs are $1.03 per parcel, due and payable one week prior to mailing date according to the critical events schedule. In the event that additional direct mailing costs occur (for example, if U.S. postage rates increase during the course ofthis engagement), wewill notify you immediately with the revised unit cost per notice. The lump sum fee does not include the work effort related to successful utilization of the Truth-In-Millage (TRIM) notice for provision of first class notice property owners. It assumes the use of a separate notice. Note: If City of Palm Beach Gardens management exercises the extension option described herein, these provisions will also apply to the Fiscal Year 2004-05 Assessment roll. Event Annual Maintenance of the Assessment Roll Schedule Periodically Prepare Ahnual Assessment ¯¯Roll¯:¯¯: :~:~::~’:: ’:,: ..’ Determine Revenue Requirements May-August=200311! ¯ May-August 2003 :i..Calculate~justed Tax Increment ;,Amounts i calculate:;Annual Assessment :AmOUnts .~ ...................: : ._i ...... Cerlih/Annual Assessment Roll May-Augur:!2003.. ¯ ::~.May-August 200~iiii~ ".:....., August--September 2003 Note: If City of Palm Beach Gardens management exercises the extension option described herein, these procedures will also apply to the Fiscal Year 2004-05 Assessment roll. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: 12/23/02 Meeting Date:01/16/03 Resolution: 15,2003 Subject/Agenda Item: Approve an Agreement with BellSouth for the maintenance of the Cisco Smartnet 6509 network switch [X] Recommendation to APPROVE [ ] Recommendation to DENY Council Action:Reviewed by: City Attorn~/~ Finance Submitted by: Department Director Originating Dept.: POLICE Advertised: Date: Paper: Costs: $13,000 (Total) [ ] Not Required Affected parties City Manager [ ] Not required $13,000 Current FY Funding Source: [X] Operating [ ] Other Budget Acct.#: 01-1000-521.4600 [ ] Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Agreement with BellSouth [ ] None Date Prepared :12/23/02 Meeting Date:01/16/03 Resolution:15,2003 BACKGROUND: The maintenance contract with Total Data Solutions, Inc on the Police Cisco 6509 switch has expired. The new contract is with BellSouth in the amount of $13,000, piggybacking a State of Florida contract # 250-000-03-1. ¯STAFF RECOMMENDATION: Staff recommends approval of the agreement with Bellsouth. ¯RESOLUTION: 15,2003 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 15, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AGREEMENT WITH BELLSOUTH FOR THE MAINTENANCE OF THE POLICE DEPARTMENT’S CISCO 6509 DATA COMMUNICATIONS SWITCH BY "PIGGYBACKING" STATE CONTRACT NO. 250-000-03-1; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City’s current maintenance contract for the Police Department’s Cisco 6509 data communications switch has expired and City staff has recommended entering into a maintenance agreement with BellSouth in the amount of $13,000 by "piggybacking" State Contract No. 250-000-03-1; and WHEREAS, the City Council determines that the adoption of this Resolution is in the best interests of the residents and citizens of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby approves the "piggyback" maintenance agreement with BellSouth attached hereto as Exhibit "A" and incorporated herein by reference and authorizes the Mayor and City Clerk to execute all documents necessary to effectuate said agreement. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. -1- PASSED, ADOPTED AND APPROVED this day of ,2003. ATTEST: MAYOR JABLIN PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT Date Prepared: January 2, 2003 Meeting Date: January 16, 2003 Resolution: 15, 2003 EXHIBIT A @ BELLSOUTH Schedule-For The Purchase Of Equipment And/Or Service Customer Name PALM BEACH GARDEN, CITYAgreement Customer Number 53696 Quote Customer Reference #(For Informational Purposes Only) 250-000-03-1 300014972 Equipment/Services Payment CASH (Customer Initials) Estimated Implementation Date Tax Exempt Exempt [] Yes [] N0 Certification Number Totals Equipment Installation Shipping $0.0(~ $0.0~so.oq Total Price $o.o(~ (Excluding Taxes) Maintenance Service Total After Warranty Maintenance Charge [] Accepted Total Number [] Declined of Months $13,000.00 ] (Excluding Taxes) See Detail I (Maintenance Term) Maintenance Payment is due upon Implementation Pursuant to the terms and conditions of the Agreement referenced above and any mutually agreed applicable modifications thereof, Customer agrees to purchase and BellSouth Communication Systems, LLC agrees to provide Equipment and/or Services described in this Order. This Order shall automatically incorporate therein all the terms and conditions of the Agreement, and any mutually agreed modifications thereof, and any and all terms and conditions on any Customer order forms, purchase orders or other Customer documents shall be deemed deleted. If Customer elects the "Lease" option and for any reason the/ease is not finalized, or the/easing company fails to make payments, Customer agrees to pay "Cash" per Be#South’s then standard payment terms for the Equipment and/or services covered by this order. Payment for Installation Services is due upon completion of the Installation Services and invoicing to the Customer. ff the Implementation of this Order is delayed, by no fault of BellSouth, sixty (60) or more days from the odginal agreed Implementation date, or there is no agreed date, for ninety (90) or more days from the acceptance of the Order by Be#South, Be#South will have the following options: revise the Total Equipment Pdce to reflect then current BellSouth pdcing, (ii) require payment for Equipment defivered and Services performed that time, or (iii) cancel the Order and collect reasonable termination charges, including manufacturer’s restocking charges plus non-recoverable materials and labor expended and lost margin. PALM BEACH GARDEN, CITY O BellSouth Communication Systems, LLC By: BellSouth Business Systems, Inc. Accepted By: By By Authorized Signature Date Authorized Signature Date Name (Type or Print)Title Name (Type or Print)Title Prepared By:Ingarra, Joe(ZKTMPHG) Quote Name:City of Palm Beach Gardens OSP Snet - Onsi CUSTOMER CONTRACT/EQUIPMENT SCHEDULE - DETAILED Quote is valid until 1/22/03 11:59:00 PM 300014972 Page: 1 of 3 The information contained in this document is proprietary to BellSouth. It may not be disclosed to third parties without prior written permission from BellSouth.(Customer Initials) @ BELLSOUTH° Location list contains following equipment template: Location Number/Name Address 5 CITY OF PBG - DATA 10500 NO. MILITARY TRAIL City, State Zip WEST PALM BEACH, FL 334104634 Prepared By:Ingarra, Joe(ZKTMPHG) Quote Name:City of Palm Beach Gardens OSP Snet - Onsi CUSTOMER CONTRACT/EQUIPMENT SCHEDULE - DETAILED Quote is valid until 1/22/03 11:59:00 PM 300014972 Page: 2 of 3 The information contained in this document is proprietary to BellSouth. It may not be disclosed to third parties without prior written permission from BellSouth.(Customer Initials) @ BELLSOUTH Maintenance Schedule Per Location 0005 -- 10500 NO. MILITARY TRAIL WEST PALM BEACHI FL ClSCOF - 760Z -- (ClSCOF) Cisco SmartNet On-Site 24x7 4 Hours Same Business Day Parts Product ID Price ~Term (Months)Ext. Price CON-OSP-WS-C6509 $13,000.00 1 12 $13,000.00 ClSCOF Total $13,000.00 Location Total:$13,000.00 Prepared By:Ingarra, Joe(ZKTMPHG) Quote Name:City of Palm Beach Gardens OSP Snet - Onsi CUSTOMER CONTRACT/EQUIPMENT SCHEDULE - DETAILED Quote is valid until 1/22/03 11:59:00 PM 300014972 Page: 3 of 3 The information contained in this document is proprietary to BellSouth. It may not be disclosed to third parties without pdor wdtten permission from BellSouth.(Customer Initials) CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 19, 2002 Meeting Date: January 16, 2003 Resolution: 18, 2003 Subject/Agenda Item: Consent Agenda Resolution 18, 2003 appointing Theresa LePore, Supervisor of Elections, as an additional member to the City’ s Canvassing Board to be present at the Logic and Accuracy Tests and to handle and canvass the absentee ballots for the March 11, 2003 Special Election. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Costs: $Council Action:Reviewed by: City Attorney~ Submitted by: Department Director City Manager Originating Dept.: City Clerk Advertised: Date: Paper: [ ] Not Required Affected parties [ ] Notified [ ] Not required (Total) $ Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: [ ] Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Logic and Accuracy Test Questionaire [ ] None Date Prepared: December 19, 2002 Meeting Date: January 16, 2003 Resolution: 18, 2003 BACKGROUND: In accordance with Section 26-2 of the City of Palm Beach Gardens Code of Ordinances, the City Clerk may delegate any or all or the responsibilities for administering the election to the Supervisor of Elections subject to approval of the .City Council. ¯STAFF RECOMMENDATION: Staff recommends approval of Resolution 18, 2003. Date Prepared: December 19, 2003 Page: 1 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 18, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPOINTING THE SUPERVISOR OF ELECTIONS TO THE CITY’S CANVASSING BOARD AND AUTHORIZING THE SUPERVISOR OF ELCTIONS TO ACT ON THE CITY’S BEHALF; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 26-2 of the City Code of Ordinances, the City Clerk is charged with overseeing City elections; and WHEREAS, subject to City Council approval, Section 26-2 of the City Code authorizes the City Clerk to delegate any or all of the responsibility for administering the election to the Supervisor of Elections; and WHEREAS, the City has, in the past, delegated certain responsibilities to the Supervisor of Elections, including, but not limited to, those relating to the Logic and Accuracy Tests and absentee ballots; and WHEREAS, the City Council has determined the delegation of such functions to the Supervisor of Elections to be in the best interests of the citizens and residents of the City of Palm Beach Gardens, Florida; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and correct and is hereby made a specific part of this Resolution. SECTION2: The City Council hereby appoints Theresa LePore to the City’s Canvassing Board and authorizes Theresa LePore to act on the City’s behalf with respect to the March 11, 2003 municipal election. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of Date Prepared: December 19, 2002 Page: 2 ., 20 ATTEST: PATRICIA SNIDER, CITY CLERK MAYOR JABLIN I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABL1N VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNC1LMEMBER RUSSO COUNC1LMEMBER DELGADO AYE NAY ABSENT Date Prepared: December 19, 2002 Meeting Date: January 16, 2003 Resolution: 18,2003 EXHIBIT A THERESA LePORE Supervisor of Elections 140 SOUTH MILITARY TRAIL VEST PALM BEACH, FL 33415 OST OFFICE BOX 22309 k/EST PALM BEACH, FL 33416 ELEPHONE: (561) 656-6200 "&X NUMBER: (561) 656-6287 VEBSITE: www. pbcelections, org PLEASE ANSWER THE FOLLOWING QUESTIONS AND RETURN THIS FORM AND A COPY OF THE ACTION TAKEN TO APPOINT THERESA LePORE TO YOUR MUNICIPAL CANVASSING BOARD BY JANUARY 25, 2003. . For your upcoming Municipal Election, do you wish to have Theresa LePore represent your Municipal Canvassing Board, as an additional member of your Canvassing Board, at: The Logic and Accuracy Test on the second Monday prior to Election Day? YES v/" NO Would you like Theresa LePore to: 4. Handle the Absentee Ballots for the Election? YES /NO 5. Canvass the Absentee Ballots for the Election? YES v,~NO Signature of Municipal Clerk Municipality Date PLEASE RETURN TO THE SUPERVISOR OF ELECTIONS BY JANUARY 25~ 2003. Revised 12/01/2002 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: 12/30/2002 Meeting Date: January 16, 2003 Resolution: 23 Subject/Agenda Item: Award.of a printing services bid to Topline Printing for the production of the Palm Beach Gardens Activities, Events and City Newsletter Brochure. [X] Recommendation to APPROVE [] Recommendation to DENY Reviewed by: City Attorney~ Len Rubin ~ Finance Administrator Allan Owens Submitted by: Jack Doughney, Originating Dept.: Community Services/ Recreation Charlotte Presensky, Advertised: Date: Paper: [] Not Required Affected parties -~--~--N~tffied [X] Not required Costs: $ 11,109.75 (Total) $ 22,219.50 Current FY Funding Source: [x] Operating [ ] Other Budget Acct.#: 01-2000-572-4710 Council Action: [] Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Resolution 23, 2003 Date Prepared: 12/30/2002 Meeting Date: January 16, 2003 Resolution:23 BACKGROUND: Invitation to propose for Printing and Distribution Services for two (2) Community Services Department brochures was advertised December 4, 2002. The proposals were opened December 19, 2002, at 3:00pm. Two proposals were received for the printing services of The City of Palm Beach Gardens Community Services Department/Recreation Division Activities, Events and City Newsletter Brochure Spring/Summer 2003 and Fall 2003. STAFF RECOMMENDATION: Approve Resolmion 23, 2003 awarding the priming and distribution contract to Topline Printing and Graphics. The other proposal submitted was incomplete. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 23, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ACCEPTING THE PROPOSAL FROM TOPLINE PRINTING AND GRAPHICS, INC. TO PROVIDE PRINTING AND DISTRIBUTING SERVICES AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City issued a Request for Proposals to provide printing and distributing services for two Community Services Department brochures; and WHEREAS, City staff has recommended accepting the proposal submitted by Topline Printing & Graphics, Inc. in the amount of $11,109.75 per brochure, for a total amount of $22,219.50; and WHEREAS, the City Council has determined acceptance of the proposal submitted by Topline Printing & Graphics, Inc. to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby accepts the proposal for printing and distributing services submitted by Topline Printing & Graphics, Inc. and authorizes the Mayor and City Clerk to execute an Agreement with Topline Printing & Graphics, Inc., a copy of which is attached hereto as Exhibit "A" and incorporated herein, to provide such services. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. -1- PASSED, ADOPTED AND APPROVED this day of ,2003. ATTEST: ¯ PATRICIA SNIDER, CITY CLERK MAYOR JABLIN I HEREBY CERTIFY that ! have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT Date prepared: January 7, 2003 Meeting Date: January 16, 2003 Resolution: 23, 2003 EXHIBIT A AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation ("City") and Topline Printing & Graphics, Inc., a Florida corporation ("Contractor"). WHEREAS, the City desires to retain the services of the Contractor to provide printing and distributing services for two Community Services Department brochures. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the City and Contractor agree as follows. ARTICLE 1. INCORPORATION OF RFP The terms and conditions of this Agreement shall include and incorporate the terms, conditions, requirements and specifications set forth in the City’s Request for Proposal for Printing and Distribution Services dated December 2002, and the Contractor’s Response to the Request for Proposal, including all documentation required thereunder. ARTICLE 2. SCOPE OF SERVICES The Contractor shall perform those services identified in the specifications accompanying the City’s RFP, which are incorporated herein by reference, and meet all other requirements set forth in the RFP. ARTICLE 3. COMPENSATION The City shall pay to the Contractor the sum of $11,109.75 per brochure for the services performed hereunder. ARTICLE 4. INVOICES AND PAYMENT A. Invoices The Contractor shall submit invoices to the City on a monthly basis based on the percentage of completion or as otherwise agreed to by the City and the Contractor. B. Payment The City shall pay each invoice within thirty (30) days from receipt. Unpaid invoices shall bear interest in accordance with the Florida Prompt Payment Act. -1- ARTICLE 5. TERMINATION This Agreement may be terminated by the City, with or without cause, upon providing written notice to the Contractor. This Agreement may be terminated by the Contractor upon thirty (30) days prior written notice to the City. Upon any such termination, the Contractor waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Contractor is in breach of this Agreement, the City shall pay the Contractor for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 6. INDEMNIFICATION The Contractor recognizes that it is an independent contractor and not an agent or servant of the City and agrees to indemnify the City in the manner fully set forth in the specifications accompanying the RFP. ARTICLE 7. MISCELLANEOUS PROVISIONS A. Notice Format. All notices or other written communications required, contemplated or permitted under this Agreement shall be in writing and shall be hand delivered or mailed by registered or certificated mail (postage prepaid), return receipt requested, to the following addresses: As to City:City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: Community Services Administrator As to the Contractor:Topline Printing & Graphics, Inc. 1770 West 10th Street Riviera Beach, Florida 33404 B. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. C. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. D. Assignability. This Agreement may not be assigned without the prior written consent of all parties to this Agreement. -2- E. Severability. If any part of this Agreement is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. F. Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of.the State of Florida without regard to any contrary conflicts of law principle. Venue of all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. G. Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. H. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. I. Construction. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement and, accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other and every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning. J. Attorney’s Fees. It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this Agreement or interpret same, or if any administrative proceeding is brought for the same purposes, the non-prevailing party pay to the prevailing party reasonable attorney’s fees and costs, including appellate fees and costs. K. Equal Opportunity. The City and the Contractor agree that no person shall, on the grounds of race, color, gender, national origin, ancestry, marital status, disability, religion, creed or age be discriminated against in the performance of this Agreement. [Remainder of Page Intentionally Blank - Signatures on Next Page] -3- IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this __day of ,2003. City: [SEAL] CITY OF PALM BEACH GARDENS, a Florida municipal corporation By: Mayor ATTEST: City Clerk Executed by the Contractor this day of ,2003. Contractor: TOPLINE PRINTING & GRAPHICS, INC., a Florida corporation By: Name: Title: WITNESS: Name: Title: P:\CPWin\HISTORY~030106A\43F.18E(319.062)Igr-doc398 -4- SPECIFICATIONS SPECIFICATIONS FOR PRINTING SERVICES OF TWO (2) COMMUNITY SERVICES DEPARTMENT BROCHURES The City of Palm Beach Gardens Community Services Department/Recreation Division will be producing two brochures: Spring/Summer 2003 and Fall 2003. The following are the specifications that are required for the printing of these brochures: PRINTING SPECIFICATIONS QUANTITY: supplied by City FINISHED scan to disk SIZE: PAGES: work and one and imposed brochure STOCK: Saddlestitch approval Base Quantity is 22,000 for each brochure. Give price per additional thousands to 25,000 8½" x 11" 32 pages of text, 2-sided, plus cover Give price per additional 4 pages Cover - 100# White Dull Text Text- 60# Lynx Cover - 4/4 process with bleeds Text - 2/2, Black + 1 PMS ARTWORK: SCANS: PROOFS: FINISHING: DELIVERY: Mac-formatted disk 135MB, 300dpi, CMYK (please quote separately) Iris proof of 4-color sample interior page, Color proof of entire Trim, Fold, Collate, 7-10 days after proof 20,000 to Mailing House 2,000 (or remainder) Community Center MAILING SPECIFICATIONS I ¯City of Palm Beach Gardens will supply address file ¯CASS and Mail Stream supplied file ¯Inkjet address on self-mailer ¯Tray, prepare paperwork and deliver to post office at 3200 Summit Blvd., West Palm Beach, FL ¯ .Delivery: 20,000 to Post Office, 2,000 (or remainder) to the Recreation Division at 4404 Burns Road, Palm Beach Gardens, FL 33410 ¯Postage: Third Class/Standard Bulk Rate with City’s permit number ¯Postage will be pre-paid by the City of Palm Beach Gardens APPENDIX A PROPOSAL FORM In completing the information questions below, if additional space is needed, attachments to this form are acceptable. Individual ( ) Partnership Corporation ( ) Other (Specify) Name.~_o f.Organiz..ation (or Individual) Address I-~7~ 03 ]~kS_ ~City State Telephone Number Tax I.D. # Business Address 1"/7o t~ tO "~ ~City State ~Zip Code Organized Date Proposer’s Representative Title Proposed Total Fee to Provide Requested Services Prices set forth above are fu-m proposals and not subject to price adjustment except as defined in the General and Technical Specifications. Addenda Received: (Corporate Seal) ATTEST:PROPOSER Topline Direct 1770 W. 10th Street Riviera Beach, FL 33404 USA Quoted to: CITY OF PALM BCH GARDENS 10500 NORTH MILITARY TRAIL PALM BCH GARD~S, EL 33410 Quotation Quote Number:. 1031 Quote Date: Dec 17, 2002 Page: 1 Customer ID Good Thru Payment Terms Sales Rep CPBGDNS 1/16/03 Net 15 Days Quantity Item Description Unit Pdce Extension 1.00 20.00 1.00 0.25 ~UMACH INK/SBB/DPO D~ TIME 3ETUP INKJET INKJET/SBB PREPARE PAPERWORK/DEL TO PO DMPUTER TIME $95.00 PER HOUR Subtotal Sales Tax Total 50 32.0C 50.0C 95.0C 50 640 50. 23.7.~ 763.75 763.75 PROCLAMATION STATE OF FLORIDA CITY OF PALM BEACH GARDENS WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday called Arbor Day was first observed with the planting of ore than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wiMlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our Community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, L Eric Jablin, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim January 17, 2003 as: ARBOR DAY in the City of Palm Beach Gardens and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands; and further, I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, P7orida, to be affixed on this 16th day of January in the Year Two Thousand and three. Attest: Mayor Eric Jablin Patricia Snider City Clerk CITY OF PALM BEACH GARDENS PALM BEACH COUN~ FLORIDA PROCLAMATION WHEREAS, the Florida Association of City Clerks (FACC) was first established in 1972 as networking organization for fellow City Clerks in the State of Florida; and WHEREAS, FA CC has today developed into a professional organization, widely respected by local government and state organizations, with over 450 members; and WHEREAS, FACC encourages and provides for high-quality educational training and leadership development programs, seminars, forums, conferences and workshops; offers a Certification Program for educational achievement; encourages and promotes involvement with other governmental agencies to increase the efficiency of administration of municipal government; offers financial assistance through its Scholarship Program; and the support of a Legislative Committee to insure current dissemination of legislative changes affecting the City Clerk’s office; and WHEREAS, through participation in FACC, its members are better equipped to serve its Councils~Commissions, administrative staff and residents in their respective municipalities; and WHEREAS, FA CC participates internationally in government through the International Institute of Municipal Clerks, which boasts 10,000 members all over the world. NOW, THEREFORE, I, Eric Jablin, Mayor of the City of Palm Beach Gardens, Florida, do hereby extend my appreciation to the Florida Association of City Clerks for supporting City Clerks and offers warmest congratulations on serving the municipalities of Florida for over 30 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 this lCth Day of January, in the year Two Thousand and three. ATTEST.. MAYOR PATRICIA SNIDER CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memor-andum Date Prepared: December 25, 2002 Meeting Date: January 16, 2003 Ordinance 51, 2002 Subject/Agenda Item: Ordinance 51, 2002: PUD Amendment for Shell Gas Station at 4445 PGA Boulevard Second Reading/Public Hearing: A request by Jason Perry of MDM Services, on behalf of Henry Miller, to amend the Shell Station Planned Unit Development (PUD) in order to change the color the building elevations & signage at the existing g~as station. The applicant is proposing to paint the canopy, building, and trash receptacles with a new color; and to replace the existing monument and canopy sign. The 0.52-acre site is located at the northeast comer of PGA Boulevard and Military Trail. [X ] Recommendation to APPROVE [ | Recommendation to DENY Reviewed by: Principal Planner Talal Benothman, AICP City Attorney Finance Human Resources N/A Submitted by: ~~arth.Manageme.nt Charles K. Wu, AICP Department Director Approved by: Ron~ld "s City Manager Originating Dept.: Growth Management: Project Manager Brad Wiseman DeveloRment Cov~pliance Baharel] Wolfs, AICP Advertised: IX ] Date: 12/30/02 Paper: Palm Beach Post [X] Required Affected parties IX] Notified [ ] Not required Costs: $ (Total) Current Funds Funding Source [ ] Operating [ ] Other Budget Acct.#: Planning and Zoning Action: [ ] Approved [X ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: ¯ Table 1 ¯ Table 2 ¯ Waiver Justification ¯ Ordinance 51, 2002 [ ] None Date Prepared: December 25, 2002 Meeting Date: January 16, 2003 Ordinance 51, 2002 BACKGROUND The Planning and Zoning Commission, sitting as the Site Plan and Appearance Review Committee, "approved plans for a BP oil station for this site on August 4, 1982. In 1994, the City Council approved Resolution 35, 1994, granting a landscape variance due to Florida Department of Transportation modifications to Military Trail. On April 26, 1994, the Site Plan and Appearance Review Committee approved an amendment to the elevations and color changes to the gas station to reflect the name change to Shell. In 1997, the City Council approved Ordinance 18, 1997, providing for a rezoning to Planned Unit Development (PUD) Overlay, renovations to the existing station signage, and convenience sales as an accessory use. The current petition is considered a PUD amendment because the applicant is proposing changes to the approved building elevations and signage. Section 78-49 (b) (10) of the City’s Land Development Regulations requires that the City Council give final approval following a recommendation from the Planning & Zoning Commission. LAND USE & ZONING The subject site has a future land-use and Vision map designations of Commercial. The site is zoned Planned Unit Development Overlay with an underlying zoning of CG-1 (General Commercial). The site is located within the PGA Boulevard Overlay Corridor. Please see attached Table 1 for details on the surrounding properties. PROJECT DETAILS Building and Canopy Color Scheme: The canopy fascia and spandrels are proposed to change from gray with a yellow band to white, as depicted on sheet A- 1 attached. The building, canopy columns, and trash receptacles will be painted white with a twelve-inch gray band at the bottom as depicted on sheet A-1 attached. The proposed colors of the building and canopy are white and gray earth tones, and are similar to the colors of the adjacent Gardens Square shopping center and First Union (Wachovia) building. Signage Changes: The current canopy sign will be replaced from white to red, and will be backlighted with neon. The height of the letters is 19.6 inches. The sign is in compliance with Section 78-285 of the City Code requiring letters to be no larger than thirty-six (36) inches. The proposed monument sign is a total 2 Date Prepared: December 25, 2002 Meeting Date: January 16, 2003 Ordinance 51, 2002 56 square feet and will consist of a 3-foot off-white solid base with a yellow Shell logo on a white background. The proposed gasoline price sign is integrated into the monument sign and will consist of a changeable copy with yellow numbers on a gray background. The monument sign is in compliance with Sections 78-285 and 78-287 of the City Code. Please see Table 2 attached for details of project consistency with City Code requirements. CONSISTENCY WITH PROPOSED ARCHITECTURAL DESIGN GUIDELINES FOR NONRESIDENTIAL DEVELOPMENT The wall sign is consistent with Section 4.1.1 of the proposed Design Guidelines, which states that a preferred type of a wall sign may consist of individually backlit channel letters. The monument sign is consistent with Section 4.1.2.1 of the proposed Design Guidelines, which states that a preferred type of a monument sign be compatible with the building design. The proposed colors of the monument sign background and base are white and gray, respectively, which are consistent with the colors of the proposed building and canopy elevations. CONSISTENCY WITH SECTION 78-221: PGA BOULEVARD CORRIDOR OVERLAY Section 78-221 (b)(2) c. of the City Code states that the redevelopment of projects need to preserve and enhance the existing visual character of the corridor, which the proposed amendment attempts to achieve by: A.Changing the color of the building and canopy to white with a gray band, which would be more aesthetically pleasing than current color of dark gray with a yellow band. This change is consistent with this standard, given the color and exterior texture of surrounding buildings (please see Table 1); and B.Installing the new monument sign, which would improve the visual character of the affected area of the corridor. Section 78-221(h) (1) b. of the City Code states that all building facades visible from public fights-of- way and adjacent properties be designed to create a harmonious effect with its surroundings. It also states that one Of the ways harmony can be achieved is through building colors. The proposed amendment is consistent with this standard because it is compatible with the surrounding buildings. Date Prepared: December 25, 2002 Meeting Date: January 16, 2003 Ordinance 51, 2002 LIGHTING CONCERNS The on-site lighting at the station currently does not meet code in two areas: a.) the foot-candles are 43.8, exceeding the required 10 foot-candle maximum; and b.) lighting causes a glare to passersby on PGA Boulevard and Military Trail. The applicant is willing to recess the lighting into the canopy and to reduce the maximum foot-candles to 32.1. A waiver request has been submitted to allow for the foot-candles to exceed the code requirement (see attached). PLANNING & ZONING COMMISSION RECOMMENDATION The Planning & Zoning Commission held a public hearing on September 24, 2002, and recommended. approval with the condition that the on-site lighting meet City Code requirements. The proposed amendment, although an improvement, will not meet the City Code requirement of ten (10) foot maximum candle levels. This waiver is typically requested by gas stations, drive through drug stores (Walgreens 27.0 foot-candle levels), and fast food restaurants. For example, the Speedway Service Station located on PGA Boulevard was granted a waiver to allow for one hundred (100) foot-candle levels. For the Council’s information, the proposed ordinance includes this waiver. CITY COUNCIL The City Council approved Ordinance 51, 2002, on First Reading on December 19, 2002. STAFF RECOMMENDATION The proposed colors demonstrate harmony with each other while maintaining enough contrast to create visual interest, and are compatible with the surrounding area. Staff recommends approval of Ordinance 51, 2002, and the foot-candle waiver. 4 Date Prepared: December 25, 2002 Meeting Date: January 16, 2003 Ordinance 51, 2002 EXISTING USE Subject Property Shell Gas Station North Doubletree Hotel South First Union Building West Gardens Square Shopping Center East Doubletree Hotel BUILDING COLOR Gray, with a gray tile roof Off White OffWhite White, with orange/brown tile roof Off White Code Requirement Wall Sign Monument Sign Proposed Plan 5 Red Chalmel Letters Back lighted w/neon Height: 19 5/8 inches Length: 119 inches Area: 16.16 feet Square feet: 56 Base not including sign: 3 feet Setback: 15 feet from R-O-W Compliance? Yes, City Code Section 78-285 requires signs to be no larger than 36 inches in height Yes Yes Yes Brad/PUD-02-09 New Format.doc Attachments MDM Central Florida 3706 DMG Dr. Lakeland, FL 33811 863/646-9130 863/648-1106 FAX email: mdmeng @gate.net MDM South Florida 1412 SW 34th Ave. Deerfield Beach, FL 33442 954/427-3076 954/427-3420 FAX email: Ibmeng@aol.com MDM Atlanta 921 Faulkner Lane Ball Ground, GA 30107 7701345-3960 7701345-3961 FAX email: mdmsvs @aol.com MDM Texas 1000 Post & Paddock Suite 100 Grand Prairie, TX 75050 972/206-2202 972/602-8482 FAX email: matmdmtx @ aol.com MDM S¢_ vices, Inc. Engineering and Environmental November 12, 2002 City of Palm Beach Gardens 10500 N Military Trail Palm Beach Gardens, FL 33410 Lighting Waiver Request Shell Station 4445 PGA Blvd On behalf of Motiva Enterprises LLC we would like to request a waiver to exceed the cities lighting standard of a maximum of 10 tt candles. The existing sight has nine pole lights and fifteen canopy lights. Per the request of the planning and zoning board we are reducing the light levels on site. Unfortunately we do not agree with the 10 ft candle maximum and are therefore requesting a waiver. In order to improve site conditions we are willing to replace the fifteen existing canopy lights with new recessed lights with 175 watt bulbs instead of the existing 250 watt bulbs. This as you can see this will reduce the light levels on site as well as reduce the glare from the station for drivers on Military Trail and PGA Blvd. Waiver Criteria: 1)The request is consistent with the city’s comprehensive plan. The site is already not consistent with the city’s comprehensive plan we are bringing the station further into compliance by lowering the light levels to a reasonable level and reducing the glare from the canopy lights. Any further reduction in lighting might make the site unsafe for pumping gas at night. Especially so close to a major interstate (I-95). 2)The request is consistent with the purpose and intent of this section. This request makes the site more compliant with the city code and decreases the glare for passing motorists while maintaining high enough light levels on site to keep customers safe while pumping gas. 3)The request is in support of and furthers the city’s goals, objectives, and policies to establish development possessing architectural significance, pedestrian amenities and linkages, employment opportunities, reduction in vehicle trips and a sense of place. This section is not applicable to our application beyond the repainting of the building approved by the planning and zoning board. Although the reduced light levels may reduce the number of trips to the station because not as many people will notice that it is there. 4)The request demonstrates that granting of the waiver will result in a development that exceeds one or more of the minimum requirements for PUD s. This is an existing site that we are trying to improve with a reimage to Shells modified color and signage scheme and in the process the light levels on site have become an issue. We are proposing to reduce the non-conformity with the code, but not completely remove it. 5)The request for one or more waivers results from innovative design in which other minimum standards are exceeded. ¯ Civil Engineering ¯ Building Design ¯ Permitting ¯ Geotechnical ¯ Environmental Assessments, Remediation ¯ Construction Management Again this is an existing non-conformity, which is being reduced at considerable expense to the owner. Our proposed changes improve conditions on and offthe site. The requests demonstrates that granting of the waiver will result in preservation of valuable natural resources, including environmentally sensitive lands, drainage and recharge areas and coastal areas. Not applicable. This site is already fully developed and the waiver will have no effect on any of the aforementioned items. The request dearly demonstrates public benefits to be derived, including but not limited to such benefits as no-cost dedication of ROW, extensions of pedestrian linkages outside of the project boundaries, preservation of important natural resources, and use of desirable architectural, building and site design techniques. The public benefits derived from this application are a freshly painted building with recessed lighting under the canopy to reduce glare to pedestrians and motorists at night. Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by a waiver. There is already thick vegetation and screening between this parcel and its neighbors and the reduction of on site light will lower existing adverse impacts. 9) The request is not based solely or predominantly on economic reasons. This request is made for public safety as well as economic reasons. The safety of motorists at the intersection will be improved by the fact that the lighting will no longer blind them. 10) ll) The request will be compatible with existing and potential land uses adjacent to the development site. The existing area around the area is commercial and the existing gas station is quite compatible with the rest of the area. The request demonstrates the development will be in harmony with the general purpose and intent of this section, and that such waiver will not be injurious to the area involved or otherwise be detrimental to the public health, safety, and welfare. The request will actually improve the safety of motorist’s offsite while maintaining the safety and welfare of customers on Site. I hope that this letter has satisfied your requirements and if you have any further questions or comments feel free to contact me. Permitting and Engineering Support Date Prepared: December 25, 2002 CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 51, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN AMENDMENT TO THE PGA SHELL SERVICE STATION PLANNED UNIT DEVELOPMENT LOCATED AT 4445 PGA BOULEVARD TO ALLOW COLOR CHANGES TO THE BUILDING ELEVATIONS AND NEW SIGNAGE;PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR A WAIVER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application (PUD-02-09) from MDM Services, agent for Henry Miller, for the approval of color changes to the building elevations and replacement of a monument and canopy sign to an existing service station located at the northeast comer of Military Trail and PGA Boulevard, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, Ordinance 18, 1997, approved a rezoning of the subject site from General Commercial (CG-1) to Planned Unit Development Overlay (PUD); WHEREAS, the subject parcel is currently zoned Planned Unit Development (PUD) Overlay with an underlying zoning of General Commercial-1 (CG-1) and has a future land-use designation of Commercial (C); and WHEREAS, the applicant is seeking one (1) waiver as part of the Planned Unit Development amendment; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS,on September 24, 2002, the Planning and Zoning Commission recommended approval of the proposed amendment; and WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. Date Prepared: December 25, 2002 Ordinance 51, 2002 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The City Council hereby approves a Planned Unit Development amendment for the purpose of color changes to the existing building elevations and replacement of the existing monument and canopy sign for the Shell Service Station located at 4445 PGA Boulevard, as more particularly described in Exhibit "A" attached hereto and incorporated herein. SECTION 3: Said site plan approval shall comply with the following conditions that shall be binding upon the applicant, its successors, assigns, and/or grantees: 1.)No additional signage or banners shall be installed on site without City approval (Planning & Zoning). 2.)The lighting source from the canopy shall be recessed so that there is no off-site glare or lighting spillover into PGA Boulevard and Military Trail (Planning Zoning). SECTION 4: The City Council hereby approves the following one (1) waiver for the Shell Station Planned Unit Development with this approval: 1.)A waiver to allow a maximum foot-candle level of 32.1. Section 78-182 (0(4) the City Code requires a maximum 10.0 foot-candle level. SECTION 5: Said approval and construction shall be consistent with plans filed with the City’s Growth Management Department as follows (dates represent the date the plans were received and stamped in): 1.) Site Plan by MDM Services, sheet C-1 (1 sheet total), dated September 10, 2002. 2.)Building Elevation Image Upgrade by MDM Services, sheets A-1 (2 sheets total), dated September 9, 2002. 3.) Shell Signage- Equiva by Boca Signs, 1 sheet, dated September 10, 2002. 4.)Photometric Lighting Plan by MDM Services, sheet PH-1 (1 sheet total), dated November 12, 2002. Date Prepared: December 25, 2002 Ordinance 51, 2002 SECTION 6: All Ordinances or Parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: 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 8: This Ordinance shall become effective immediately upon adoption. PLACED ON FIRST READING THIS 19th DAY OF DECEMBER 2002. PLACED ON SECOND READING THIS DAY OF 2003. PASSED AND ADOPTED THIS DAY OF 2003. [THIS SPACE IS INTENTIONALLY LEFT BLANK] Date Prepared: December 25, 2002 Ordinance 51, 2002 MAYOR JABLIN COUNCILMEMBER CLARK VICE MAYOR SABATELLO COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO ATTEST BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: PATRICIA SNIDER, CITY CLERK LEONARD G. RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT 4 EXHIBIT A LEGAL DESCRIPTION: A PARCEL OF LAND IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT’THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 1; THENCE RUN $88"10’56"E ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4 FOR A DISTANCE OF 60.00 FEET TO A POINT; THENCE RUN NO2"O9’41"E FOR A DISTANCE OF 59.64- FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE WEST; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 22,978.,31 FEET, THRU A CENTRAL ANGLE OF 00"21’22", FOR AN ARC DISTANCE OF 142.85 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTHERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF .00"22’33", FOR AN ARC DISTANCE OF 150.70 FEET TO A POINT; THENCE RUN $62"07’27"E FOR A DISTANCE OF 168.76 FEET TO A POINT: THENCE RUN S02"09’41"W FOR A DISTANCE OF 150.00 FEET TO A POINT; THENCE RUN N62"OT’27"W FOR A DISTANCE OF 167.18 FEET TO THE POINT OF BEGINNING. 5 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 25, 2002 Meeting Date: January 16, 2003 Ordinance 52, 2002 Subject/Agenda Item: Ordinance 52, 2002: Non-Commercial Messages Second Reading/Public Hearing: A City-initiated request to add a new section to the sign code of the Land Development Regulations entitled "Non-Commercial Messages." The objective of this amendment is to correct disparity in the sign code, if any, as it relates to the regulation of commercial and non-commercial speech. [X] Recommendation to APPROVE [ ] Recommendation to DENY P&Z Commission Action:Reviewed by: Principal Planner~]~ Talal Benothman, AICP City Attorneyl ~ Leonard Rubfi ~esq Development ~-~ Compliance Bahareh Kesh~vhrz-Wolfs, AICP Submitted by: Growth Man~,~ L, Administratotk~’~" V Charles K. Wu, AICP Approved by.." ""~~ City Manager -~:~¢~ Ronald M."F~rgis / Originating Dept.: Growth Management Project Manager Brad Wiseman, Planner Advertised: Yes Date: 12/30/02 Paper: PB Post [X] Required Affected parties [ ] Notified [ X ] Not required Costs: $ (Total) $ Cuff~tFY Funding Source: [ ] Operating [ ] Other Budget Acct.#: [X ] Approved [ ]Approved w/ conditions [ ]De~ed [ ] Continued to: Attachments: ¯ Ordinance 52, 2002 [ ] None Date Prepared: December 25, 2002 Meeting Date: January 16, 2003 Ordinance 52, 2002 BACKGROUND: The City currently has a zoning in progress for Division 6. "Signs" of the Land Development Regulations in order to address non-commercial messages. The objective of this amendment is to avoid a constitutional challenge that has been raised by representatives of the billboard industry. Section 78-284 (b) of the City’s Land Development Regulations prohibits all off-premise signs, including billboards. By contrast, non-commercial signs such as political campaign and free speech signs are allowed in accordance with Table 25 "Temporary Signs" of the Land Development Regulations. Other municipalities in the State of Florida have used similar prohibition to deny billboard permits. Once denied, billboard organizations, such as Florida Outdoor Advertising Inc., have filed lawsuits against municipalities alleging that the sign code treats non-commercial and commercial speech differently. Below is a brief summary of the litigation involving the Cities of Boynton Beach, Delray Beach, Deerfield Beach, Clearwater, Wilton Manors, and Boca Raton. BoFnton Beach Florida Outdoor Advertising Inc. had filed permits for billboards with the City of Boynton Beach, which were denied by City staff. Florida Outdoor Advertising Inc. filed a lawsuit against the City. The court ruled Boynton Beach’s sign code unconstitutional as it pertains to its prohibition of billboards. Its sign code treated commercial and non-commercial speech disparately.. Off site political signs were allowed, but not off site commercial signs. Florida Outdoor Advertising Inc. was then permitted to install billboards in accordance with the Florida Department of Transportation regulations. Since then, the City has adopted a sign code that regulates outdoor signs based on their size, location and aesthetics rather than on their message. Delrav Beach The City of Delray Beach recently entered into an agreement with Florida Outdoor Advertising Inc., because its attorneys felt their sign code had the same disparities as the Boynton Beach’s code. Delray Beach did not address billboards in its sign ordinance and its code was not content neutral. Much like Boynton Beach’s code, non-commercial speech had greater protection than commercial speech. Delray Beach came into an agreement to allow for two (2) of the seven (7) billboard permits that were filed. Deerfield Beach The City of Deerfield Beach entered into a settlement agreement on March 10, 2000, with Street Information Systems Inc. (S.I.S.). The agreement was reached in the United States District Court for the Southern District of Florida. This agreement allowed S.I.S. Inc. to install seven (7) double-sided billboards along the 1-95 corridor. This suit was also based on constitutional infirmities in the City’s sign ordinance regulating signs in effect at the time S.I.S. submitted permit applications. Clearwater The City of Clearwater was involved in a lawsuit with Granite State Outdoor Advertising, a billboard 2 Date Prepared: December 25, 2002 Meeting Date: January 16, 2003 Ordinance 52, 2002 provider, concerning the constitutionality of the City’s sign code: This case has proved the most favorable to a municipality in Florida. Instead of ruling that the entire sign code was unconstitutional, a United States District Court judge ruled that just the section be stricken from the code. Wilton Manors The City of Wilton Manors also had its entire sign code deemed unconstitutional because of language related to commercial and non-commercial speech. Instead of appealing the decision, the City reached an agreement to install one (1) tri-faced billboard along 1-95. Over eight (8) billboard permits were originally submitted to the City. Boca Raton The City of Boca Raton is currently in federal court with Florida Outdoor Advertising Inc. defending its sign code as it pertains to non-commercial/commercial speech concerning First Amendment violations. One (1)billboard permit was submitted to the City. LANGUAGE TO BE ADDED In order to correct any disparity, if any, in the sign code relating to commercial vs. non-commercial content, the staff is proposing Ordinance 52, 2002, which is identical language adopted for the Northlake Boulevard Overlay Zoning District. LAND DEVELOPMENT REGULATIONS COMMISSION RECOMMENDATION The Land Development Regulations Commission held a public heating on November 26, 2002, and voted to recommend approval of the proposed amendments. CITY COUNCIL " The City Council approved Ordinance 52, 2002, on First Reading on December 19, 2002, with a 5-0 vote. STAFF RECCOMENDATION Staff recommends approval of Ordinance 52, 2002. Date Prepared: December 25, 2002 ORDINANCE 52, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE PALM BEACH GARDENS CODE OF ORDINANCES BY AMENDING CHAPTER 78, "LAND DEVELOPMENT," ARTICLE V, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 6. "SIGNS," BY ADDING SECTION 78-291 "NON-COMMERCIAL MESSAGES"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 26, 2002, the City’s Planning and Zoning Commission, sitting as the Land Development Regulations Commission, recommended approval of an amendment (LDR- 02-09) to the City’s Land Development Regulations by adding a new section, 78-291, entitled "Non- Commercial Messages"; and WHEREAS, the City has received public input and participation through public hearings before both the Land Development Regulations Commission and the City Council; and WHEREAS, the City Council determines that the adoption of the text amendment to the City’s Land Development Regulations is in the best interests of the residents and citizens of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The foregoing "WHEREAS" clauses are herby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2. Section 78-291 of Article V of Chapter 78 the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby added to read as follows (added words underlined): Section 78-291 Non-commercial messages. Notwithstanding an,f thing in this article to the contrary, any sign erected pursuant to the provisions of this article may, at the option of the applicant, contain either a non-commercial message unrelated to the business located on the premises where the sign is erected or a commercial message related to the business and located on the business premises pursuant to the following regulations: (a) (b) The non-commercial message may occupy the entire sign face or portion thereof. The sign face may be changed from commercial to non-commercial messages as frequently as desired by the owner of the sign, provided that the following is true: Date Prepared: December 25, 2002 Ordinance 52, 2002 (1)The size and design criteria conform to the applicable portions of this article; (2)The sign is allowed by this article; (3)The sign conforms to the requirements of the applicable zoning designation; and (4)The appropriate permits are obtained. (c)For the purpose of this Sign Code, non-commercial messages shall never be deemed off-premises signs. Secs. 78-292-78-300. Reserved. SECTION 3. All ordinances and resolutions of the City, or any part thereof, which are in conflict with this Ordinance, are hereby repealed to the extent of such conflict. SECTION 4. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 5. It is the intention of the City Council and it is hereby ordained that the provisions of this Ordinance shall be made a part of the Code of Ordinances of the City of Palm Beach Gardens, Florida, and that the sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Section," "Article" or such other word or phrase in order to accomplish such intention. SECTION 6. This Ordinance shall become effective immediately upon adoption. PLACED ON FIRST READING THIS 19th DAY OF DECEMBER 2002. PLACED ON SECOND READ1NG THIS DAY OF 2003. PASSED AND ADOPTED THIS DAY OF 2003. [THIS SPACE IS INTENTIONALLY LEFT BLANK] 2 Date Prepared: December 25, 2002 Ordinance 52, 2002 MAYOR JABLIN COUNCILMEMBER CLARK VICE. MAYOR SABATELLO COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO ATTEST BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: PATRICIA SNIDER, CITY CLERK LEONARD G. RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 20, 2002 Meeting Date: January 16, 2003 Ordinance 49, 2002 Subject/Agenda Item: Ordinance 49, 2002: Special Events Amendment Second Reading and Public Heating: A City-initiated request to amend the Palm Beach Gardens Code of Ordinances, Chapter 78 "Land Development", Section 187, "Special Events" and amending Article VIII, Section 78-751, "Definitions." The objective of the amendment is to update and provide guidance on permit review procedures, application requirements, and general standards for special events that occur within the City of Palm Beach Gardens. [xl 1 Recommendation Recommendation of APPROVAL to DENY Reviewed by: Principal Planner Talal Benothm~ City Attorney/~__~// Leonard Rub ,~q. Development Compliance.~l_~ Bahareh Keshavarz-Wolfs, AICP Originating Dept.: Growth Management: Project Manager ,.~.~ Natalie Wong, Planner Advertised: Date: Paper: Submitted by: Growth Mana~t Administratork_~,~.~ Charles K. Wu, AICP Affected parties Approved b~/~ ~..._~. ~otified City Mana~er~gl~..~ [ X] Not required Ronald M. Ferr~s [X] Not Required Costs: $ (Total) $ Current FY Funding Source: [ ] Operating IX] Other: N/A Budget Acct.#: City Council Action: [ ] Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: ¯ Copy of current section 78-187 ¯ Ordinance 49, 2002 ¯ Resolution 12, 2003 [ ] None Date Prepared: December 20, 2002 Meeting Date: January 16, 2003 Ordinance 49, 2002 SUMMARY OF CHANGES FROM CITY COUNCIL I s’r READING On December 19, 2002, the City Council of the CiW of Palm Beach Gardens approved the proposed Special Events code by a vote of 3-0 subject to several changes. Their comments are listed as follows with response from staff: ¯The City Council expressed a concern with the proposed provision in the code that would allow tenants within commercial plazas to have five (5) events per tenant per year. Staff has modified the proposed amendment to limit the number of events tenants may have within commercial/office plazas, as well as all other sites in the City from five (5) to three (3) events calendar year. Commercial/office plazas with ten (10) tenants or less shall be limited to a maximum of five (5) events per calendar year. Commercial/office plazas with eleven (11) tenants or more permitted ten (10) special events per calendar year. Anchor tenants within commercial/office plazas would be excluded from this overall site limitation, and accordingly, would be permitted (3) events per calendar year. It was suggested that a provision wa~ needed to be added that would prevent the possibility of several simultaneous special events from occurring at any given commercial/office plaza in the City. The number of simultaneous events that could occur within commercial~office plazas has been limited to two (2) events at any given time. Each event would be reviewed and approved by City staff on a first-come, first-serve basis. The City Council raised signage as an issue stating that it required limitations within the proposed code so that the integrity and physical appearance of all public and private areas within the City be maintained. On-site signs are only permitted if they are related to a special event, and will be limited to one per special event. All provisions of Section 78-290 "Temporary Signs" will apply to on-site special event signs. ¯The proposed definition of a ’special event’ was requested to be modified to clarify that special sales for commercial businesses are not to be considered a ’special event’. The definition has been modified to clarify that normal business sale events and similar activities are not considered a special event. ¯A ’seasonal sale’ was requested to be defined. Date Prepared: December 20, 2002 Meeting Date: January 16, 2003 Ordinance 49, 2002 All references to ’seasonal sales’ have been removed and replaced with Christmas tree sales and pumpkin patch sales. These types of special events have been shortened from thirty (30) to twenty- one (21) days with a five (5) day administrative approval time extension. BACKGROUND The proposed amendments to the Land Development Regulations will revise the existing special events code to improve permit review procedures, application requirements, and general standards for special events that occur within the City of Palm Beach Gardens. DISCUSSION The current special events code lacks a specific definition, does not address on-site or off-site signage, does not address tenants within commercial/office plazas, and does not include a fee schedule. The proposed changes will address these issues and will include additional details to codify a comprehensive framework based on models from other cities, as well as the City’s own experience with past special events. In the review of special events ordinances from several municipalities, staffhas selected portions of the West Palm Beach and Boynton Beach regulations as a guide in crafting the special events code for the City of Palm Beach Gardens. In addition, staffreceived input from the City’s Special Events Coordinator, the Code Enforcement Supervisor, the City Attorney, the Community Services Administrator, and the Assistant to the City Manager. MAJOR CHANGES Ordinance 49, 2002, proposes to repeal the existing special events ordinance, and adopt a new special events ordinance that includes the following changes: 1. A new specific definition has been added. 2.The minimum advance time has been changed to allow more time for city staff to adequately review each special event permit. 3. A specific section addressing on-site and off-site signs has been added. 4. An indemnification section has been added. 5. Special events will now be permitted in CN zones. 6.Tenants within commercial/office plazas have been listed as a specific group that is allowed three special event permits per calendar year, with a maximum number of ten events per plaza per calendar year. Commercial/Office plazas with ten tenants or less are permitted a maximum of five events per site per year. Anchor tenants are excluded from the maximum allowable events per site, and are each allowed three events per calendar year. Date Prepared: December 20, 2002 Meeting Date: January 16, 2003 Ordinance 49, 2002 7.Signs related to a special event have been limited to one sign per special event, and must comply with all standards of Section 78-290: Temporary Signs. 8.The number of simultaneous events that could occur within commercial/office plazas has been limited to two events at any given time. 9.Christmas tree sales and pumpkin patch sales define what were formerly considered ’seasonal events’, and as such, all references to ’seasonal events’ have been removed. The length of these sales shall not exceed twenty-one days, with a five-day time extension approved by the growth management director. 10.The Development Review Committee (DRC) may review each special event permit at the discretion of the special events planner. Previously, the DRC was not part of the review system. 11.A revocation clause has been added if violations arise between the time of the approval and first date of commencement of the event. 12.The City may deny the special permit application if conditions and requirements are not met. 13.Each special event must be cleaned up within two calendar days. 14.A section has been added to allow special events to occur on rights-of-way without City Council’s approval. All special events occurring on rights-of-ways will be subject to DRC review, Section 78-187 (d). 15.A special event contract may be required. 16.A fee of $50.00 is proposed for each special event. Non-profits and religious institutions may be exempt. Currently, no fees are being charged. The City of Palm Beach Gardens master fee schedule will be revised to include a special event fee, as well as a non- refundable appeal fee for denial of a special event. The amendment is being processed concurrently with the subject petition through Resolution 12, 2003. 17.Risk management will now be a part of the distribution list. 18.An appeal clause has been added. 19.An enforcement clause has been added. SUMMARY OF COMMENTS FROM THE LAND DEVELOPMENT REGULATIONS COMMISSION: The Planning and Zoning Commission, sitting as the Land Development Regulations Commission, discussed the proposed code at a workshop on October 22, 2002, and approved the petition at a public hearing on November 26, 2002, by a vote of 6-0. COMMENTS FROM CIVIC GROUPS A draft code was mailed to thirty-four (34) community groups, local businesses, churches, governmental organizations, and all applicants who received a special event permit from the City in the calendar year 2002. The groups varied from the Northern Palm Beach Chamber of Commerce 4 Date Prepared: December 20, 2002 Meeting Date: January 16, 2003 Ordinance 49, 2002 and the Honda Classic, to Nutrition Smart and the Palm Beach Gardens Community Church. Staff received minimal feedback on the draft code. Two (2) groups, however, contacted the City request clarification on the draft code. The first group, Nutrition Smart, a local retails grocery located on the north side of Northlake Boulevard just west of Interstate 95, expressed its appreciation of the new code revisions and asked for clarification on minor items within the proposed draft. The second group, the Palm Beach County Film and Television Commission, located in West Palm Beach, called to see whether the proposed changes would affect a previously adopted Resolution passed to allow them a "one-stop permit" program for motion picture and television production in the City of Palm Beach Gardens (Resolution 27, 1990). City staff informed the President of the Commission that the proposed change would not interfere or conflict with the existing agreement between the City and the Film and Television Commission. AMENDMENT TO MASTER SCHEDULE OF FEES Staff proposes a special event permitting fee of fifty dollars ($50.00). The fee will be paid at the time of the application submittal. Non-profit organizations and religious institutions should be exempt from paying. A non-refundable special event appeal fee of fifty dollars ($50.00) is also being added to the master fee schedule. Resolution 12, 2003, being processed concurrently with Ordinance 49, 2002, will amend the City of Palm Beach Gardens master fee schedule to include these new fees. AMENDMENT TO DEFINITIONS The existing ’special events’ definition within Article VIII, Section 78-751 will be repealed and replaced with a new definition. In addition, a new definition for anchor tenants, block parties, and commercial/office plazas will be added. CONSISTENCY WITH THE LAND DEVELOPMENT REGULATIONS The proposed amendments are consistent with the Land Development Regulations. The proposed language strengthens and clarifies the existing policies. STAFF RECOMMENDATION Staff recommends approval of Ordinance 49, 2002. Date Prepared: December 20, 2002 CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 49, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE CITY CODE OF ORDINANCES BY REPEALING SECTION 78-187, "SPECIAL EVENTS," OF CHAPTER 78, "LAND DEVELOPMENT~" AND ADOPTING A NEW SECTION 78-187, AND AMENDING ARTICLE VIII, SECTION 78-751, "DEFINITIONS"; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City staff has initiated an amendment (Petition LDR-02-07) to the City’s Land Development Regulations amending Chapter 78, "Land Development," Section 78-187, "Special Events"; and WHEREAS, on November 26, 2002, the Planning and Zoning Commission, the duly constituted Land Development Regulations Commission for the City, conducted a public hearing and recommended approval and adoption of the subject amendments to the City’s Land Development Regulations; and WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2. The City Council hereby repeals Section 78-187, "Special Events" of Chapter 78, "Land Development of City Code of Ordinances," and adopts a new section 78-187 to read as follows: Sec. 78-187. Special events (a) Permit required_for special event. No person, firm, group, corporation or institution shall participate in, advertise for or in any way promote, organize, control, manage, solicit, or induce participation in a special event, as defined in Section 78-751, unless a special event permit has first been obtained from the city as provided herein. No person, firm, group, or corporation shall violate any terms of a special event permit issued under this article, nor in any manner interfere with the progress or orderly conduct of a special event. Date Prepared: December 20, 2002 Ordinance 49, 2002 Any person, firm, group, corporation or institution seeking to conduct a special event in the city shall file a complete application for a special event permit with the special events planner as designated by the growth management director on forms provided by the city. Unless waived by the growth management director for good cause and for the public interest of the city, a complete application for a special event permit shall be filed on or before the following deadlines prior to the event to allow sufficient time for the review process: Expected attendance:Minimum advance time required to file: Less than, or equal to, 1,000 persons 1,001 to 5,000 persons one month two months 5,001 to 50,000 persons four months More than 50,000 persons six months The applicant shall provide all information solicited on the special event permit application form, unless waived by the special events planner, upon finding that such information is not necessary. (b) Permit Requirements (1)Authority. Notarized evidence the property owner/managing agent authorizes the use of the site for the special event reflected on the special event permit application. (2)Site plan. A detailed site plan for the event, including but not limited to, property boundaries; road access; location of trash receptacles, sanitary_ facilities, tents or other structures; location of tides if applicable; location of parking; location of temporary_ dwellings, offices, and equipment; and proposed setbacks of activities, fences, tents, booths, etc. from adjacent properties. (3)Statement of use. A detailed statement of use, including but not limited to sponsor(s), vendors(s), band(s) and/or other musical operations, planned activities, duration of event, hours of operation, anticipated attendance, temporary lighting to be provided on-site, security, utilities, and use of generators. (4) Signage: Signs are permitted only if related to a special event. On-site signs. Only one (1) on-site sign per special event is permitted unless waived by the growth management director for good cause and the public interest of the city. Any on-site sign related to a special event shall be illustrated in a detailed on-site sign plan, including, but not limited to the proposed location, size, type, copy area, graphics, and color, including the dates of installation and removal of the sign for with the event in accordance with section 78- 290: Temporary signs. Banner signs and flags proposed within the signage plan may be approved per the discretion of the special events planner. No signs shall be permitted in the Date Prepared: December 20, 2002 Ordinance 49, 2002 safe site visibility triangles as described in section 78-315 (i): Visibility triangles. Off-site signs. Any off-site sign(s) including street banners, pole banners, flags, directional signs related to a special event shall be illustrated in a detailed off-site sign plan that shall indicate on a site plan the location, copy area, graphics, size, type, and colors of the sign(s) for the event. Such plan shall be submitted with the special event permit, and approved by the growth management director. Off-site signs shall not be permitted on private property. Off-site signs located on public property or right-of-way other than city property shall be submitted with the authorization of the applicable agency. Off-site signs may be displayed no more than fourteen (14) calendar days before the scheduled event and must be removed within two (2) calendar days after the conclusion the event. The growth management director may waive such time limitation to allow the applicant to erect off-site signs prior to fourteen (14) calendar days to the scheduled event for good cause and the public interest of the city. No off-site signs shall be permitted in the safe site visibility triangles as described in section 78-315 (j): Visibility triangles. (6) Food service. If food service will be available at the event, the applicant shall provide complete list of food service vendors, their respective Palm Beach County mobile occupational license permit if applicable, Florida State health certificates, and a list of the type of food service proposed. (7)Alcohol. Applicants may provide alcoholic beverages in accordance with chapter 6 of the city code: Alcoholic beverages, provided that a copy of the permit issued from the Florida Department of Beverages and Tobacco is attached to the special event permit application. (8)Insurance. The operator of an event shall provide evidence of insurance acceptable to the ci_ty in an amount of at least $1,000,000.00, and shall provide the city with a certificate of insurance showing the city as additional insured. Events with an expected attendance over 10,000 people shall submit a certificate of insurance evidencing coverage of at least $2,000,000.00, with the city named as an additional insured. Proof of additional insurance may be required by the city. Insurance shall not be cancelled or re-issued without a 30-day written notice to the city. (9)Bond. A refundable security bond, or similar financial pledge acceptable to the city, will be required, at the discretion of the special events planner, to ensure that any damage is repaired and the premises returned to its previous condition prior to the event, including the removal of any signs or banners within two (2) calendar days of the event. (10)Indemnification. The applicant shall submit an indemnification agreement, as approved by the risk manager and the city attorney, including any and all such claims, suits, actions, damages, or causes of action arising as a result of the special event, or of the condition of the Date Prepared: December 20, 2002 Ordinance 49, 2002 premises on which the special event is held including any personal injury or loss of life, or damage to or loss of property, and from and against any order, judgments, or decrees which may be entered, and from and against any costs, attorneys’ fees, expenses and liabilities incurred in and about the defense or settlement of any claims, and the investigation thereof. (11) Other materials. Other materials and documentation as may be required by the growth management director. (c) Review: At the discretion of the special events planner, special events permits may be reviewed by the Development Review Committee (DRC) in accordance with section 78-46 (dl): Application procedures. ¯ (2)All city-sponsored events shall be reviewed by the community services administrator, except for those events that are two (2) consecutive days in length, and/or have an expected attendance of 500 people or more, in which case, shall be subject to a special event permit review. (d) General Standards: Location. Special events may occur only on properties possessing the following non- residential zoning district designations: CN, CG-1, CG-2, CR, P/I, M-l, M-1A, M-2, PCD, PDA, PO, and MXD. In residential zoning districts, or residential portions ofPUDs, PCDs, or MXDs, special events may occur on public or private schools, churches and houses of worship, public parks, and public or private property. (2)Duration. A special event shall not exceed seven (’7) consecutive days. The growth management director may authorize one (1) administrative time extension of up to three (3) days for good cause and for the public interest of the city. Any event more than ten (’10) days in length must be submitted to the city council for approval. Pumpkin sales and Christmas tree sales shall not exceed twenty-one (21) days. The growth management director may authorize one (1) administrative extension for up to five (5) calendar days based on a justification statement submitted by the applicant that illustrates the extension is for good cause and for the public interest of the city. (3) Number per _vear. ao No more than three (’3) special events every calendar year shall be held by any applicant at one location, unless otherwise approved by the city council following a recommendation by the growth management director. 4 Date Prepared: December 20, 2002 Ordinance 49, 2002 b. No events shall occur consecutively, except for those with city council approval, and if approved shall require a separate permit and fee for each event. Co Tenants located in commercial/office plazas, are permitted three (3) special events per tenant each calendar gear; however, this number of permitted special events shall exclusively apply to each tenant, and cannot be transferred to another tenant or party. d. Sub-tenants within commercial/office plazas are not permitted any special events. Commercial/office plazas with ten (10) tenants or less shall be limited to a maximum five (5) events per calendar gear. Commercial/office plazas with eleven (11) tenants more are permitted ten (10) special events per calendar year. f. Anchor tenants are each permitted three (3) events per calendar year exclusive of the limitation in subsection e. above. go No more than two (2) special events at any given time may occur simultaneously at any commercial/office plaza. Special event applications will be reviewed and approved by the City on a first-come, first-serve basis. h.City-sponsored and city co-sponsored events are hereby exempt from the limitation on the number of events per gear. (4) Access. With the exception of block parties, all efforts shall be made to provide vehicular access from a collector or arterial roadway. (5)Traffic control Use of city police or acceptable alternative to direct and control traffic may be required. (6)Sanitation. Plans for sanitation including temporary_ bathroom facilities, inspection of food facilities, drainage, garbage and litter control, and recycling shall be approved by the growth management director. (7)Compliance. If a violation occurs at an event permitted by the city, the growth management director may deny permits to the operator for future temporary_ events for a period of no more than eighteen (18) months. (e) Denial of special event permit. A special event permit shall be denied under the following conditions: (1) The application is not complete in all material respects accurate within the knowledge of the Date Prepared: December 20, 2002 Ordinance 49, 2002 special events planner. The special events planner may allow for any additional materials to be submitted within seven (7) days of notification by the special events planner. (2)All of the conditions set forth in section 78-187 and all contractual requirements imposed by the city, if any, have not been met. (3)The special event will interfere with or unduly burden municipal services including but not limited to police, fire, and emergency medical protection, water and sanitary_ sewer service and solid waste removal. (4) The public benefit has not been demonstrated. (5) The permit fee has not been paid. ( f) Conditions for granting a special event permit. All special event permit applications approved pursuant to this article shall be subiect to the following conditions: (1)The public areas utilized shall be cleaned within two (2) calendar days up following any special event, and in all respects restored to its former condition. (2)All city ordinances, rules or regulations applicable to the special event shall be observed unless indicated in such section or waived by the growth management director for good cause and the public interest of the city. (3)The special event permit may be revoked by the city if any conditions listed in (t) arise anytime after the issuance of the permit and prior to or during the special event. (g) Exemption o_fpublic right-o_f-wa~; closures. Any special event or block party that is temporarily blocking off, fencing, or in any way appropriating any publicly dedicated street, sidewalk, or alley within the city for a special event or block party is hereby exempt from section 62-2 of the city code of ordinances; however, such permit application shall be subject to review in accordance with section 78-187 (d). Closure of any public right-of-way not within the City’s jurisdiction shall require approval from the appropriate authority. A ’block party’ is defined in Section 78-751; a majority of residents must consent to closure, and the event must be sponsored solely by such residents and not be for any commercial or for-profit purpose. (h) Special event contract and city service fees. The city may require, as a condition of a special event permit, that the applicant enter into a contract with the city relative to the duties and responsibilities of the permit holder as a condition of the special event. By such contract, the city shall require that the applicant pay to the city the municipal costs in providing services in support of the special event. The city may require that the applicant pay to the city a user fee for the use of public property. Date Prepared: December 20, 2002 Ordinance 49, 2002 (i) Police services. The police department shall review the permit application and assess the need for police services. If police services are required, the applicant will be informed of such and will take the responsibility for contacting the police department directly. The applicant is responsible for the cost of these services. The police chief or his/her designee is the final authority on the need for police service, including the number of officers required and the hours assigned. (j) Fire rescue services~emergency medicalservices. The fire rescue department shall review the permit application and assess the need for fire rescue services and/or emergency medical services. If such services are required, the applicant will be informed of such and will take responsibility for contacting the fire rescue department directly. The applicant is responsible for the cost of such services. The fire chief or his/her designee is the final authority on the need for fire rescue and/or emergency medical services. (k) Community services. The community services department shall review the permit and assess the need for community services. If services of the department are required, the applicant will be informed of such, and will take the responsibility for contacting the community services department directly. The applicant is responsible for the cost of such services. The public works manager or his/her designee is the final authority on the need for public works services. (1) Appeal o_fpermit application. The applicant may appeal, by written request, the denial of a special event permit to the city manager’s office or designee within ten (10) days of the growth management director’s decision. The written request shall specifically state what portion of the denial is being appealed. The city manager’s office shall have thirty (30) days to make a decision and to notify the applicant. The city shall reserve the fight to charge a non-refundable filing fee to offset all, or a portion of, the costs involved in handling the appeal. (m) Enforcement. Any violations of any provision of this article shall be enforced by the code enforcement special master consistent with section 78-741(b) of the municipal code. SECTION 3. The City Council hereby amends Section 78-751, "Definitions," of the Land Development Regulations of the City of Palm Beach Gardens, to read as follows (removed words are shown as s~a4ke4b,~g~, and added words are underlined): Sec. 78-751. Definitions. Anchor Tenant means the maior store or stores within a commercial and/or office plaza. Block Party means any temporary_ gathering of one (1) street block other than arterial or collector streets in a residential zoning district that is closed to through traffic. Date Prepared: December 20, 2002 Ordinance 49, 2002 Commercial~Office Plaza means a group of commercial and/or office uses planned and designed for the site on which it is built, functioning as a unit, with off-street parking, landscaping areas, and pedestrian features provided on the property as an integral part of the unit. Special Event means a temporary_ meeting, activity, gathering, or group of persons, animals, or vehicles, or a combination thereof, having a common purpose, design or goal upon any public or private facility, street, sidewalk, alley, park, public or private area or building where the special event substantially inhibits the usual flow of pedestrian or vehicular traffic, and is not the type approved for, or customarily associated with, the site upon which the event is located, and is not a normal business sale event or similar activity for commercial and/or office establishments. A special event shall include, but not be limited to, city sponsored and co-sponsored events, festivals, carnivals, concerts, parades, walks, races, banner and sign exhibits related to a special event, fund raising sales and similar gatherings, block parties, grand opening promotions. SECTION 4. It is the intention of the City Council and it is hereby ordained that the provisions of this Ordinance shall be made a part of the Code of Ordinances of the City of Palm Beach Gardens, Florida, and that Sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 5. All Ordinances, or parts of Ordinances in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 6. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance than can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 7. This Ordinance shall become effective on the day of adoption. [This space intentionally left blank] PASSED, FIRST READING this PASSED, SECOND READING this PASSED, ADOPTED AND APPROVED this SIGNED: MAYOR JABLIN VICE MAYOR SABATELLO Date Prepared: December 20, 2002 Ordinance 49, 2002 day of DLa’¢~,~ g~,2002. day of ., 2003. day of ., 2003. COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO ATTEST: I HEREBY CERTIFY that I have approved this ORDINANCE as to form. PATRICIA SNIDER, CITY CLERK LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT Sec. 78~187. Special events. (a) Special events. The growth management director may approve a special event adver- tised to both residents and nonresidents. Such events may occur for one or more days, and include but are not limited to outdoor festivals, craft shows, carnivals and similar outdoor amusements, plant sales, parades on public rights-of-way, seasonal sales of merchandise including fireworks and Christmas trees, concerts, and any other event opened to and expected to attract both residents and nonresident. (b) Location. Special events may occur only on properties possessing the following nonres- idential zoning district designations: CG-1, CG-2, CR, P/I, M-l, M-1A~ M-2, PCD, PDA, PO, and MXD. In residential zoning districts, or residential portions of PUDs, PCDs, or MXDs, special events may occur on public-serving properties which are the sites of public or private schools, churches and houses of worship, or public parks or publicproperty. Supp. No. 10 CD78:179 PALM BEACH GARDENS COI~E (c) Duration. A special event shall not exoeed seven consecutive days. The growth management director may authorize one administrative time extension of up to three days. Any event more than ten days in length shall be approved by the city council. (d) Number per year. Not more than three temporary events in any 12-month period shal~ be held on the same location, unless otherwise approved by the city council following a recommendation by the growth management director. (e) Compliance. If a violation occurs at an e~ent permitted by the city, the growth # management director may deny permits to the operator for similar temporary events for a period of not more than 18 months. (0 Review. The growth management director may require review of a temporary event permit by the development review committee or other members of city staff. (g) General standards. Temporary special events shall comply with the standards listed below. (1)Access. Vehicular access from a collector or arterial roadway shall be provided. Access from a local street is prohibited. (2)Setbacks. The minim~,rn setbacks indicated in Table 22 shall apply to all parking areas, mobile homes or similar temporary dwellings or offices, tents, mechanical devices, carnival rides, and animals associated with such activities: Table 22: Minimum Setbacks for Special Events (3) (4) Front 25 feet Side 50 feet Side Comer 3.5 fe.a.t Rear 2~0 ~e~t 25 feet 25 feet 20 feet *Setbacks to be measured from aoti..vity or activities to ~e,~rest residential property line if event is located within a residential zani.ag district. Traffic control. Use of city police or acceptable alternative to direct and control traffic may be required. Sanitation. Plans for sanitation including te~erary b.a~wem fa.eiKties, ii~:pection of ~ facilitieS, drainage, and garbage aa~l litter ~mt~.el, shall be al~V~z~l by the growth man~tgement director. LAND DEVELOPMENT § 78-188 (h) Application requirements. The information listed below may be required by the growth management director as part of a request for approval of a temporary event. (1)Authority. Evidence the property owner authorizes the use of the site for a special event. (2)Site plan. A general site plan for the event, including property boundaries, read access, location of tents or other structures, location of rides, location of parking, location of temporary dwellings or offices, and proposed setbacks of activities, tents, booths, etc., from adjacent properties. (3)Statement of use. A general statement of use, including but not limited to sponsor, planned activities, duration of event, hours of operation, anticipated attendance, temporary lighting to be provided onsite, security, utilities, and use of generators. (4)Signs. A general sign plan, including proposed number, size, location, and dates of installation and removal of all signs associated with the event. (5)Other materials. Other materials and documentation as may be required by the growth management director. (i) Surety. The growth management director may require the operator of an event to post a cash surety, or other form of security, to provide funds to cleanup or otherwise mitigate a site following, a temporary event. (j) lnsuraru:e..The operator of an event shall provide evidence of a general liability policy in an amount of at least $1,000,000.00, with the city named as an additional insured. Proof of additional insurance may be required by the city. (k) Authorization. The growth management director shall issue written approval for a temporary special event, including any conditions or restrictions placed on the proposed activities. (Ord. No. 17-2000, § 100, 7-20-00} Date Prepared: December 20, 2002 RESOLUTION 12, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING THE CITY OF PALM BEACH GARDENS MASTER SCHEDULE OF FEES AND CHARGES TO INCLUDE A FEE FOR SPECIAL EVENTS AND TO INCLUDE AN APPEAL FEE FOR DENIAL OF A SPECIAL EVENT;PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens approved the master schedule of fees for various services rendered by the City of Palm Beach Gardens for its citizens and other members .of the public on October 3, 2002 through Resolution 133, 2002; and WHEREAS, the City of Palm Beach Gardens desires to amend the master schedule of fees to include a fee for special events and to include an appeal fee for denial of a special event; and ¯ WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the amended master fee schedule attached hereto as Exhibit "A" and incorporated herein. SECTION 3. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 4. All Resolutions, or parts of Resolutions, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5. This Resolution shall become effective upon adoption. [This space intentionally left blank] Date Prepared: December 20, 2002 Resolution 12, 2003 PASSED, ADOPTED AND APPROVED this 16 th DAY OF JANUARY 2003. ATTEST: MAYOR JABLIN PARTICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have Approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT 2 CITY OF PALM BEACH GARDENS FY 2003 MASTER FEES & CHARGES SCHEDULE (Effective ~ January 16, 2003- September 30, 2003) BUILDING DIVISION Building Permit Fee*: Minimum Permit Fee Percentage of Valuation: 1 0.75 0.5 Demolition Moving Buildings Driveways & sidewalks Underground fuel tanks Reinspection fee Penalty for commencing work without first securing a permit or written approval Unscheduled inspection by special request Transfer of a building permit, in addition to the original permit fee paid, as follows: - From one location to another- same permit holder - Change of contractor- same location - Major revision fee for changing one- and two-family building model- same lot - Major revision fee after plans are approved and the permit issued, except one- and two-family dwellings Hurricane Panel Inspection Land Clearing: $3O Unit Value: The first $10,000.00 plus The next $490,000.00 plus The remainder (over $500,000.00) Permit fee as applied above $100 Two (2) percent of construction cost Building permit fee plus fire inspection fee of $30 $30 for first reinspection, doubled and compounded for each subsequent reinspection Three (3) times the normal permit fee $30 per inspector or inspection $50 $50 $100 $250, but in no case, more than the original permit fee $25 - 25 acres or less $250 - Greater than 25 acres $250 + $5 per acre for cleared land Training Surcharge *Any permit applied for but later cancelled or withdrawn shall be One (1) percent of the permit fee, with a minimum charge one dollar ($1) per permit issued refunded at 50 percent of the permit fee amount. ENGINEERING Engineering Escrow Fee (required) Civil Engineering Fee - Residential Civil Engineering Fee - Non-Residential Traffic Engineering Fee - Residential Traffic Engineering Fee - Non-Residential $1,000 $30 per dwelling unit $300 per acre Minimum deposit of $1,000 or $20 per living unit, whichever is greater Based on gross total enclosed building area as follows: 0 - 50,000 sq. ft. - Minimum of five cents ($.05) per sq. ft. 50,001 - 200,000 sq. ft. - Minimum of ten cents ($.10) per sq. ft. Over 200,000 sq. ft. - Minimum of five cents ($.05) per sq. ft. (case-by-case basis) PLANNING & ZONING DIVISION Abandonment of right-of-way Abandonment of easement Administrative approvals $750 $300 $300 Annexations $0 Appealofan Administrative Determination $750 Comprehensive Plan Land Use Map Amendment Comprehensive Plan "Small Scale" Land Use Map Amendment Comprehensive Plan Text Amendment Concurrency Certificate Concurrent Processing Conditional Use Development of Regional Impact (DRI)* DRI Amendment* $2,250 $1,500 $2,250 $5OO $25O $2,000 $5,000 $2,000 *Additional costs for Developments of Regional Impact will be billed to the applicant. Environmental Review Miscellaneous Petitions Non-binding conceptual review by Planning & Zoning Non-binding conceptual review by City Council Planned Community District (PCD) Planned Unit Development (PUD) PCD or PUD Amendment Plat Recordation Plat Review Rezoning Site Plan Review (Major) Site Plan Review (Minor) & Site Plan Amendment Special Event Permit Application (Non-profit or.qanizations and reliqious institutions exempt) $1,000 $1,500 $85O $1,500 $2,500 $2,500 $1,750 $30/1stpage;$15/each additionalpage $50 perpage $2,250 $2,250 $1,000 $5O ~.pecial Event Appeal (non-refundable)$50 Subdivision $1,500 Text Amendment of Land Development Regulations Time Extensions $800 $1,000 Variance: - Single-family residences $400 - All other land uses $1,000 Waiver for Residential Mixed-Use Requirements Code of Ordinances (binder included) Zoning Book (binder included) Zoning Map/Future Land Use MapNision Map/Major Project Map/Street Map: $1,000 $150 $65 - Large Black & White (34 x 44) - Small Black & White (11 x 17) - Large Colored (34 x 44) - Small Colored (11 x 17) - Colored Major Project (17 x 22) Residential/Non-residential Approved Projects Map & List Comprehensive Plan (maps included) Confirmation Letters (Additional $25 per research hour if research exceeds two (2) hours.) $5 30 cents $15 $6 $20 $39 $5O Page 2 City of Palm Beach Gardens FY 2003 Fees & Charges Schedule ’ ~,o,-,I,,~,-,,,onno 10/03/02 Resolution 12, 2003, 1/16/03Approved wa ............!33 ...... CODE ENFORCEMENT DIVISION Rehearing Fine Reduction/mitigation hearing $80 $80 Page 3 City of Palm Beach Gardens FY 2003 Fees & Charges Schedule Approved via Reso!ut!c~ !33, 2002, !0/03/02 Resolution 12, 2003, 1/16/03 PUBLIC WORKS Public Rights-of-Way and Easement Construction 1.Installation of gravity sanitary and storm sewer including appurtenant manholes and/or catch basins: First 100 lineal feet or less Next 400 lineal feet or fraction thereof Each additional 500 lineal feet or fraction thereof Installation of all other underground facilities including, but not limited by the following: sanitary force, water, gas, liquid or semi-liquid pipe lines; electric conduits or direct burial, including appurtenant manholes and/or junction boxes: First 200 lineal feet or less $70 $40 $30 $48 ¯ Next 300 lineal feet or fraction thereof $24 ¯ Each additional 500 lineal feet or fraction thereof $18 3.Construction or installation of individual catch basins, manholes or junction boxes not erected in connection with an installation governed by #1 or #2 above (each): All underground crossings of paved roads of widths up to 25 feet of pavement (open cut): ¯For pipe sizes 18" or less in diameter ¯For pipe sizes over 18" and up to and including 48" in diameter ¯For pipe sizes in excess of 48" in diameter 5. All underground crossings of paved roads over 25 feet in paving widths (open cuts): ¯ For pipe sizes of 18" or less in diameter ¯For pipe sizes over 18" and up to and including 48" in diameter ¯For pipe sizes in excess of 48" in diameter: 6.All underground jack and bore crossing of paved public roadways based on width of paving, including median: ¯For pipe sizes of 18" or less in diameter ¯For pipe sizes over 18" and up to and including 48" in diameter ¯For pipe sizes in excess of 48" in diameter 7.Installation of a pole line for overhead facilities: 8. Turnouts: First 200 lineal feet or less Next 300 lineal feet or fraction thereof Each additional 500 lineal feet or fraction thereof ¯Commercial or industrial turnout connection ¯Residential turnout ¯Where culverts are used in Conjunction with streetJroadway connections (per lineal foot) 9. Street Connections: ¯Paved street connection for tying into existing and/or new City roadways or streets (each) $6O Cost per cut: $120 $180 $240 Costpercut: $240 $360 $480 Costperfoot: $3 $5 $7 $100 $6O $40 $4OO $125 $3 $40O $3¯ Where culverts are used in conjunction with turnout (per lineal foot) (Public Works - Continued on next page) Page 4 City of Palm Beach Gardens FY 2003 Fees & Charges Schedule Approved via R~c!ut!~,-. !33,~vw,’~nn’) tn~n’~n’~,v,v~,~ Resolution 12, 2003, 1/16/03 PUBLIC WORKS (CONTINUED) 10. Construction of elevated or submerged facilities crossing City owned canals or waterways: 11. Landscaping within or upon City maintained fights-of-way 12.All construction within or upon City maintained rights-of-way (and easements) including, but not limited to, turn lanes, new, and expansion of existing roads, and landscaping and irrigation systems within medians $6O $350 plus 3% of cost 3% of cost FINANCE DEPARTMENT Franchise Filing Fee1 $1,000 Franchise Renewal Fee1 $1,000 $5ooTransfer or Assignment of Franchise Copy of Budget or Proposed Budget Copy of Comprehensive Annual Financial Report Boat/RV Decals $40 $25 $25 CITY CLERK’S OFFICE Photocopies Certified photocopies Audio tapes Lien Searches Compact Discs 15 cents for one-sided copy no larger than 8.5 x 14 20 cents for two-sided copy 30 cents for 11 x 17 per page $5 per tape $10 per property control number $1 per disc POLICE DEPARTMENT Personnel*: Police Officer $ 30/hour Supervisor $ 35/hour *5 - 9 Officers - Requires one (1) Supervisor 10 - 14 Officers - Requires two (2) Supervisors 15 - 20 Officers - Requires three (3) Supervisors Equipment: Vehicle $4/hour This fee is set by Ordinance. If a conflict exists between this document and said Ordinance, the Ordinance shall prevail. Page 5 City of Palm Beach Gardens FY 2003 Fees & Charges Schedule Approved via R~sc!utlo.". !33, 2002, !0!03!02 Resolution i2, 2003, 1/16/03 FIRERESCUE DEPARTMENT New Construction Inspection & Plans Review Fee $2.25 per $1,000 improvement cost ($15 minimum) Reinspections: ¯ First No additional charge ¯ Second $50 ¯Third and subsequent New and Existin.q Occupancies, Buildin~qs and Structures (To be paid annually with the issuance of a City Occupational License) $100 Assembly Occupancy of: 50 - 299 $50 300 - 999 $75 1,000 - 4,999 $150 5,000 persons or greater $250 Educational Day Care Nursery/Preschool $35 All others $75 Healthcare/Institutional 5,000 sq. ft. and under $50 5,001 - 15,000 sq. ft. 15,001 - 30,000 sq. ft. 30,001 - 100,000 sq. ft. 100,001 - 200,000 sq. ft. 200,001 - 500,000 sq. ft. 500,001 sq. ft. and greater $100 $150 $200 $250 $300 $35O Transient Lodging, Apartments, Residential Board & Care, and Adult iving Facilities 24 units and under $50 25 - 100 units $75 101 - 500 units $150 501 units and greater $250 Mercantile, Office, Storage, Industrial and Manufacturing 5,000 sq. ft. and under 5,001 - 15,000 sq. ft. 15,001 - 30,000 sq. ft. 30,001 - 100,000 sq. ft. 100,001 - 200,000 sq. ft. 200,001 - 500,000 sq. ft. 500,001 sq. ft. and greater $35 $5O $75 $150 $200 $250 $300 ’Fire Rescue Department- Continued on next page) Page 6 City of Palm Beach Gardens FY 2003 Fees & Charges Schedule Approved via Re°..~!ut!c~ ~,33, 2992, 10!03!02 Resolution 12, 2003, 1/16/03 FIRE RESCUE DEPARTMENT (CONTINUED) Marinas 50 boat slips and under $50 51 - 100 boat slips $150 101 - 250 boat slips 251 boats slips and greater Temporary Structures All Other All other occupancies not listed subject to Fire Safety Inspection Personnel Special Details $200 $300 $30 $5O Firefighter/EMT $25/hour Fire Medic, Driver, Inspector Officer/Supervisor (Required when six (6) or more personnel are required $30/hour $40/hour Equipment Fire Engine $45/hour Ladder Truck $47/hour Brush Truck $28/hour Utility Truck $24/hour Rescue Truck $21/hour Specialty EMS Vehicle $10/hour EMS Transport Fees Basic Life Support Emergency Transport Advanced Life Support Emergency Transport Specialty Care Emergency Transport Oxygen $297.5O $340.00 $425.00 $27.5O Mileage $7.00/transport mile Page 7 City of Palm Beach Gardens FY 2003 Fees & Charges Schedule Approved via Rcso!ut!c,", !33, 2002, 10/03/02 Resolution 12, 2003, 1/16/03 PARKS & RECREATION Athletic Facility User Fees - One Time Use $20/two hoursSoftball/Baseball (No lights) Softball/Baseball (Lights provided) Softball/Baseball (Dragging and field prep) $40/two hours $60/two hours Multi-purpose field (No lights)$20/two hours Multi-purpose field (Lights provided)$40/two hours Basketball (No lights) Basketball (Lights provided) Roller Hockey (No lights) Roller Hockey (Lights provided) $10/two hours $30/two hours $10/two hours $30/two hours Gymnasium $20/hour Athletic Facility User Fees - Weekly/Rental* Softball/Baseball $5O0 Multi-purpose field $500 BRCC Gymnasium $500 Roller Hockey dnks *Add $10/hour for lights and $10/hour staffing charges. $5OO Parks Maintenance Overtime Fees Billable overtime $20/hour Repair or Maintenance Fees 100% of actual cost Facility Athletic field - baseball, football, soccer Hockey dnk Gymnasium - basketball, volleyball Tournament or Special Event Rental Fees Rental Li,qht Fee $200/12 hour day; $20/each $10/hour/field additional hour/day $200/12 hour day; $20/hour $10/hour/rink each additional hour/day $300/12 hour day; $20/hour N/A each additional hour/day Staffin.q Fee $20/hour/field $20/hour $20/hour Park Pavilion Rental Fees PGA National Park & Oaks Park* ¯Non-resident and/or 50 or more guests ½ day - $50 *A $100 damage deposit is required for any of the pavilion rentals. (Parks & Recreation - Continued on next page) Fullday-$100 Two pavilionsffullday-$150 Page 8 City of Palm Beach Gardens FY 2003 Fees & Charges Schedule Approved via R~!ut!cn !33, 2002, !9/9~/92 Resolution 12, 2003, 1/16/03 PARKS & RECREATION (CONTINUED) ~ges 2 and under Aquatic Facility General Admission Fees Resident: Free Non-Resident: Free ~,ges 3 - 14 Resident: $1.50 Non-Resident: $2.00 ~,ges 15 and over Resident: $2.00 Non-Resident: $2.50 Aquatic Facili~Rental Rates First (1st) hour $60 Each additional hour $20 Each lifeguard $12.50/hour Tennis Facility Fees Membership Fees: ¯Resident- Single ¯Resident- Family ¯Junior (18 yrs. old & under) ¯Non-resident- Single ¯Non-resident- Family ¯Non-resident-Junior $155 $265 $30 $44O $625 $60 Daily Fees: ¯ Resident $5 ¯ Non-resident $10 IRoom Rental Fees $25- $100 depending on size of room; contact Burns Road Community Center for more information and scheduling CITY DEPARTMENT TELEPHONE NUMBERS City Hall - Main Number Building Division Planning & Zoning Code Enforcement Public Works Finance Department City Clerk’s Office Police Department Fire Rescue Department Recreation (Burns Road Community Center) Parks 799-4100 799-4283 799-4243 799-4245 775-8274 799-4160 799-4122 799-4400 799-4300 775-8270 775-8261 Page 9 City of Palm Beach Gardens FY 2003 Fees & Charges Schedule Approved via Re~c!’Jt!~.-. !33, 2002, !0/03/02 Resolution 12, 2003, 1 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 27, 2002 Meeting Date: January 16, 2003 Resolution 184, 2002 Subject/Agenda Item: Resolution 184, 2002 - Evergrene Master Sign Program. Consideration for Approval: A request by Samantha Gregory of Urban Design Studio, for approval of a Master Sign Program for the Evergrene Planned Community District (PCD). The Master Sign Program proposes 27 signs throughout the commtmity for identification and directional purposes and three temporary signs at the Temporary Sales Center. ~ [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Principal Planner Talal Benothman: ~/ City Attomey Finance N/A Human Resources Submitted by: ~h Management Charles K. Wu, AICP Department Director Approved by: .R~na)A M~erris, City Manager Originating Dept.: Growth Management: Project Managerial._ Talal Benothman, AICP Develop.ment Compliance BahareI~’~Vo[fs, AICP Advertised: Date: Paper: [ X] Not Required Affected parties Ix ] Notified [ ] Not required Costs: $ (Total) $ Current Ftmds Funding Source [ ] Operating [ ] Other Budget Acct.#: Planning and Zoning Action: Approved ]Approved w/ conditions Denied Continued to: Attachments: -Resolution 184, 2002 -PCD Master Plan -Master Sign Plan Key -Entry Signs -Comer Monuments -Neighborhood Parcel Signs -Traffic Signs -Lighting Fixtures -Environmental Signs [ ] None Date Prepared: December 27, 2002 Meeting Date: January 16, 2003 Resolution 184, 2002 Page 2 BACKGROUND This request is for approval of the master signage program for the Evergrene PCD residential development, which was approved by the City Council on December 21, 2002 through the adoption of Ordinance 43,2001. This request for approval is in compliance with Condition 17 of the approving ordinance, which states that "the Planning and Zoning Commission and City Council shall review all entry features to the project, including entry signage, other architectural features, and landscaping, as well as a master signage program, as a separate petition." PROJECT DETAILS The subject site consists of nine(9) parcels designated for single and multi-family residential. The proposed master signage program is consistent with the design and character of the community, utilizing stonework consistent with the "Tuscan" theme within the community. Community Entry Sign Features Hood Road The applicant is proposing to erect community entry sign features at the entrances to the PCD on Donald Ross Road, Hood Road and Military Trail. The Hood Road entry feature shall consist of 10- foot high dual columns with "Cultured Stone" veneer, reflecting the Tuscan theme of the community, on both sides of the entrance way. The exterior columns are attached to the perimeter wall that continues along Hood Road at this location on both sides of the entrance. A monument sign located within the median of the entrance road is also proposed as part of the overall Hood Road entry schematic. The proposed median sign shall be 3.5 feet high and 10.8 feet long with two lines of copy, stating "Evergrene" and "A WCI Community." The font proposed is "New Times Roman." Lettering shall be carved into the fagade. The monument sign has a "Cultured Stone" veneer and meets the requirements of the sign code. Military Trail The applicant is proposing two entry sign features on both sides of the main entrance into the PCD from Military Trail. Each entry feature shall be approximately 70 feet in length as viewed from Miltary Trail and shall consist of stucco exterior finish. Each feature shall contain a sign copy area reading: "Evergrene" and "A WCI Community." Planter areas are proposed underneath the sign copy area on each entry feature. The font is to be "New Times Roman" and lettering shall be carved into the facade. Donald Ross Road Donald Ross Road has been identified by the applicant as the "main entrance" to the community. The sign copy font is proposed to be "Times New Roman" consistent with the other entrances. Consistent with the Hood Road entrance, the applicant is proposing a"Cultured Stone" veneer, in keeping with Date Prepared: December 27, 2002 Meeting Date: January 16, 2003 Resolution 184, 2002 Page 3 the "Tuscan" theme within the community. The entry feature is approximately 70-feet in length on both sides of the entrance, with the sign area containing lettering one-foot high at a maximum. Lettering shall be carved into the fagade at a maximum letter height of 12 inches. Corner Monuments The applicant is proposing three possible "comer monument" locations at the comers of Donald Ross Road and Military Trail, Donald Ross Road and Alternate A- l-A, and Hood Road and Military Trail. The comer monuments are to be identical at all three possible comer locations and shall be approximately 50 feet in length. The comer monuments are to be incorporated as part of the perimeter wall/fence design approved with the PCD and shall consist primarily of the "cultured stone" veneer, consistent with the "Tuscan" theme of the community, and include a ledge stone wall capstone and stucco base. The applicant has provided an elevation thatincludes a large specimen oak in front of the monument wall. No lettering or logos shall be affixed to the comer monuments. CitF Gateway Signage Of particular interest is the southeast comer of Donald Ross Road and Military Trail and the southwest comer of Alternate A1A and Donald Ross Road. These comers have been identified as major gateways into the City from the north, due to their proximity along the northern boundary of the City with the Town of Jupiter. The applicant should coordinate with the owner/developer of the adjacent parcel located on the west side of Military Trail (Parcel 4.02/4.04) to create a "gateway effect" at this intersection. Staff will ensure that the possible locations for City entry gateway signage on both parcels are coordinated once the City Council provides direction to staff on the locations of the gateway signage. Staff has included three conditions of approval reserving for twelve months the two most likely locations (mentioned above) for City gateway signs. Staff’s intention is to provide the City Council with sufficient time to determine the locations and design of the City gateway signs. The proposed ¯ conditions also state that if the City Council did not chose one or both of the mentioned locations, the applicant would be permitted to construct comer monument(s) at the affected location(s). If the Council did not take action with respect to the locations within twelve months of the effective date of the resolution, the applicant would be permitted to construct comer monuments at both locations. Parcel Entr~ Signs North Community Signs The North Community Signs are to be located at Parcels 1, 7, and 8, which are generally north of the Amenity Parcel. The parcel entry features shall consist of two 6.5-foot high columns on both sides of each parcel. The columns are to be 4--feet 2-inches square. The exterior of the columns is to have "cultured stone" veneer with stucco base. Raised brass letters, 3.5 inches in height displaying the "neighborhood" (parcel) name, are to be located at the top of the capstone. The parcel entry columns for the Amenity Parcel (Recreation Center) are to be of the same design. Date Prepared: December 27, 2002 Meeting Date: January 16, 2003 Resolution 184, 2002 Page 4 South Community Signs The SouthCommunity Signs are to be located at Parcels 3, 4A, 4B, 5, and 6, which are sites generally south of the Amenity Parcel. The parcel entry features shall consist of a six-foot high column and planter combination. A planter um shall be placed on top of the column and will contain flowering plant material. Raised brass letters, 3.5 inches in height displaying the neighborhood name, shall be located at the top of the capstone. Directional Signs, Light Poles and Fixtures The applicant is proposing a uniform "Hunter Green" color standard for all directional sign poles and borders. The color for streetlight poles is proposed to be black. Directional signage shall consist of Florida Department of Transportation standard signage with "Hunter Green" aluminum borders mounted on fluted posts. The standard height for all directional signage shall be 12 feet. Light poles shall be 15 feet in height and the style is "FPL double and single acom style." The maximum height for non-pedestrian lighting permitted is 25 feet. The applicant has provided for a manufacturer’s cut sheet of the proposed light poles and fixtures, which is attached to the staff report. The applicant is also proposing "environmental signs" to be located along the nature trails proposed within the PCD. The proposed signs are to be 4 feet in height with ¼ inch high carved lettering providing directional information. Previous approvals for site plans within the Evergrene Planned Community Development (PCD) have contained a condition of approval for metal halides lighting on residential streets. Upon further consultation with the City’s Crime Prevention Through Environmental Design (CPTED) Division within the Police Department, it has been determined that high pressure sodium lighting is more suitable for residential streets, due to their lower intensity of lighting levels. Therefore, staff has added a section in the approving resolution (Resolution 184, 2002) repealing the condition for metal halidelighting on residential streets in Parcels 3, 4A, 4B, and 1, 2 and 7. Waivers Section 78-285 of the City’s Land Development Regulations prohibits more than one perimeter wall or entry feature sign for a residential development. The petitioner requests an additional sign at the Donald Ross Road and the Military Trail entries into the Evergrene PCD. As this entry characteristic/design has become a typical practice within the City of Palm Beach Gardens, the petitioner is requesting the opportunity to display the Evergrene development name on either side of the entryways in an effort to assist motorists to easily locate the development. Staff recommends approval for the waiver, as the proposed entry features are consistent with similar planned communities throughout the City. Date Prepared: December 27, 2002 Meeting Date: January 16, 2003 Resolution 184, 2002 Page 5 PLANNING AND ZONING COMMISSION The Planning and Zoning Commission reviewed this application at its September 10, 2002 meeting and unanimously recommended approval of this petition. STAFF RECOMMENDATION Staff recommends approval of Resolution 184, 2002, with conditions of approval. I ,’8 I ~I~Ud ’~£S0 689 ~9S:XUI Lucido T¢ .~soci~tes Detail 3A I I I I I ! ! ! I, ! V Median Sign Plan & Elevation Detail Ledge Stone Wall, Finish to match Gate House Stone Cornice Color. 2" Depth Carved Letters, 8" Text Height, 1" Spacing Times New Roman Font Style "1" Depth Carved Letters 4" Text Height, 1/2" Spacing New Times Roman Font Style I 3’-6" 2’-9" Typical CMU Wall with mortar Cultured Stone, Finish to math Gate House Walls. 0 I’2’Y Scale: l/2"= 1’-0" Project: 288 Evergrene File Name: 288-LS-Hood Sign Elevation File Date: JB.05.10.02 Ledge Stone Wall Cap, Finish to match Gate House Stone Cornice Color. EVERGRENE A W.C.I. COMMUNITY Palm Beach Gardens - Palm Beach Co., FL Hood Road Entry i irII|1 ROW ROW I I i I b b 1 .I IIIIV IIII Lucido Assod tes L~ad Planning / I.~ndscape Architecture Detail 18 .]22 C;corgia Avc~uc, Stub’f, FL {14994 Ph. (561)220-2100, k"~x (560 221-0220 Typical Regulatory Sign on Pole STOP Cast Aluminum Finial Standard Traffic Regulator D.O.T. Sign. Signs are designed and installed according to Palm Beach County, FL-Traffic Division Sign Pacement. All D.O.T. Signs are mounted o,l .080 thickness Aluminum. D.O.T. Sign Face have a 3M high intensity sheeting for maximum visibility. Breakaway poles are utilized for all sign assemblies. Optional Decorative Cast Aluminum Backfrzme, Painted Hunt~er G~reen. Cast Aluminum Sign Pole Base & Pole to match Standard FPL Light Fixture Pole Base, Hunter Green Color. 0 I’2’Y "~ ,,~ Scale: I/2"= I’-0"v Project:,288 Evergrene File Name: 288-L22-Regulator Sign,dwg File Date: JB.05.10.02 EVERGRENE A W.C.I. COMMUNITY Palm Beach Gardens - Palm Beach Co., FL Traffic Regulatory Sign Decorative Streetlighting Product Information Fixture Lamp Type (Wattage)Pole Mounting HeiGhts I Black Washington Black I Green I Decorative Concrete Natural Black with Double Bracket Washington Octagonal Dark for mounting two Decorative Decorative Standard BronzeJHPSV J MH Acorn Fixtures Concrete Concrete Concrete Fiberglass Single Fbdure Base Ava,able in Back, ~men, and Natural t-p~iT/ableype~m: 120V Only Bl~ck Only Av~leble in 120V Only FPL’s Decorative Street Lighting Demonstration Site 6001 Village Blvd. West Palm Beach, Florida. 33407 1-95 & 45th Street Exit #54 (Then North on Village Bird) Please contact you~" FPL Representative for furl~er details. DSL Product Information - Available in 120V Only - Black Octagonal concrete -Also availebleon concrete FPL P~es Sh0~, x Dark Bronze C, ok~ 10" bracket I arm Available in 120V Only Pole Types: Std. Concrete pole Dark Bronze I~d~xjlass Decorative Street Lighting Banner Attachments must be approved by FPL. Please contact Scott Stephens, FPL Product Specifications Engineer at (561) 845-4886 for banner attachment manufacturer information. Description Breakaway Clamp-on Banner arm 24" long Customer Owned ! Maintained ± I i 15’ Lucido T¢ A~gci~tes Detail 21 Land Planning/Landscape Architecture 322 Gcorg4a A vct~uc, Starer. FL J4994 Ph. 061)220-21~, F~ 6~61) 223-0220 11’-7" STOP Evergrene Blvd.]l Typical Regulatory & Street Signs on Light Pole Standard FPL Light Fixture, Hunter Green Color, Style T.B.D. By Owner Cast Aluminum Plaque, I/4" Embosed Text & !/4" Frame, 3" Text Height, I/4" Spacing, New Times Roman Font Style, ,l~etters and I/4" Frame Painted Metalic Gold, Hun, ter Green Background, Embossed Evergrene Logo Painted Metalie Gold. Standard Traffic Regulator D.O.T. Sigu. Signs are designed and installed according to Pahn Beach CouJ~ty, FL-Traflic Division Sign Pacement. All D.O.T. Signs are mortared on .080 thickness Aluminum. D.O.T. Sign Face have a 3M high intensity sheeting for maximum visibility. Bre~kaway poles are utilized for all sign assemblies. Oplional Decorative Cast Aluminum Backframe, Painted Hunter Green. Standard FPL Light Fixture Pole, Hunter Green Color, Style T.B.D. By Owner 0 I’2’ Scale: I/2"= I’-0" Project: 288 Evergjene File Name: 288-L2 I-Regulator Sign.dwg File Date: JB.05.10.02 E VE.R G RENE A W.C.I.COMMUNITY Pahn Beach Gardens - Palm Beach Co., FL Traffic Regulatory Sign Lucido ] ci tes L~.d Planning / Landscape Architecture 322 Gca~ A venue, Stu~, FL .14994 PLAN VIEW Detail 22 Sign Plan & Elevation Typical CMU Wall with stucco finish to match Ledge Stone and Gate House Stone Cornice Color. EbEVATION VIEW 1/4" Depth Carved Letter~ 3" Text Height, I/8" Spacing New Times Roman Font Style Typical CMU Wall with stucco finish to match Ledge Stone and. Gate House Stone Cornice Color. Scale: !12"= Project: 288 Evcrgrene File Name: 288-L3 I-Envh’onmental Sign File Date: JB:05A0.02 EVERGRENE A W.C.I. COMMUNITY Palm Beach Gardens - Palm Beach Co,, FL Environmental Signs Date Prepared: December 27, 2002 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 184, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A MASTER SIGN PROGRAM FOR THE EVERGRENE PLANNED COMMUNITY DISTRICT (PCD), LOCATED BETWEEN MILITARY TRAIL AND ALTERNATE AIA, NORTH OF HOOD ROAD AND SOUTH OF DONALD ROSS ROAD; PROVIDING FOR AMENDMENTS TO CERTAIN CONDITIONS IN PREVIOUSLY APPROVED RESOLUTION 150, 2002, RESOLUTION 72, 2002, RESOLUTION 181, 2001, AND RESOLUTION 182, 2001 RELATING TO LIGHTING; PROVIDING FOR A WAIVER; PROVIDING FOR CONDITION(S) OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Urban Design Studio, agent for Community Finance Company, for approval of a Master Signage Program for the Evergrene PCD (MISC-02-05), located between Military Trail and Alternate A1A north of Hood Road and south of Donald Ross Road, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the applicant seeks a waiver as part of site plan approval; and WHEREAS, the 362-acre site is currently zoned Planned Community District (PCD) Overlay with underlying zoning of Residential Low (RL-3), and a future land-use designation of Residential Medium (RM); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, on September 10, 2002, the Planning and Zoning Commission recommended approval of the site plan application; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, THAT: SECTION 1 : The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Date Prepared: December 27, 2002 Resolution 184, 2002 Page 2 SECTION 2: The City Council of the City of Palm Beach Gardens, Florida, hereby approves a Master Signage Program for the Evergrene PCD, as more particularly described in Exhibit "A" attached hereto and incorporated herein, allowing for the construction of entry signs, corner monument signs, parcel identification signs, directional signs, environmental signs, traffic control signs and street lights. SECTION 3: Said site plan approval shall comply with the following four conditions, which shall be binding upon the applicant, its successors, assigns and/or grantees: (1)If the City Council makes a decision on the specific location(s) and design of the City entryway signs, applicable to the Evergrene PCD, within 12 months of the effective date of this resolution, the applicant shall file an administrative amendment petition with the Growth Management Department to modify the location(s) of the proposed corner monuments at the Evergrene PCD in accordance with the City Council decision. The specific locations may include the southeast corner of Donald Ross Road and Military Trail and the southwest corner of Alternate A-1-A and Donald Ross Road, within the Evergrene property. The applicant shall construct and maintain said entryway sign(s) within twelve (12) months of City Council’s approval of the City entryway sign plan. (Planning and Zoning) (2)Should the City Council exclude one or both locations referenced above as the City entryway sign location(s), the applicant shall be permitted to construct the corner monument(s) approved in this resolution. (Planning and Zoning) (3)If the City Council does not make a decision on the specific location(s) and design of the City entryway sign(s) within 12 months of the effective date of this resolution, the applicant shall be permitted to construct the corner monument(s) as approved in this resolution. (Planning and Zoning) (4)Corner monument signs shall not include development logo plaques affixed to any portion of the structure, as depicted in the May 10, 2002 Master Sign Program. (Planning and Zoning) SECTION 4: Said approval shall supersede Resolution 150, 2002, Condition 3a; Resolution 72, 2002 Condition 4; Resolution 182, 2001, Condition 4; and Resolution 181; 2001 Condition 5 with the following language: ...... ~ ..... ~ ............................ ~ ..... ~ shall be in accordance with elines which dictate that all spine roads, entryway areas, and the amenity center shall have metal halide li_ghting, and all internal residential parcel roads shall have high pressure sodium lighting." Date Prepared: December 27, 2002 Resolution 184, 2002 Page 3 SECTION 5: The City Council of hereby approves the following waiver with this approval: From Section 78-285 - Permitted Signs, to allow for two entry signs at both the Donald Ross Road and Military Trail entrances to the PCD. The LDRs allow for a maximum of one sign per entry to a residential community. SECTION 6: Said approval shall be consistent with all presentations made by the applicant or applicant’s agents at any workshop or public hearing. SECTION 7: Said approval and construction shall be consistent with plans filed with the City’s Growth Management Department as follows: 4. 5. 6. September 3, 2002 Addendum Sheet 1A, Military Trail Entry Sign, UDS, 1 Sheet. September 3, 2002 Addendum Sheet 1 B, Alternative Military Trail Entry Sign, UDS, 1 Sheet. September 3, 2002 Addendum Sheet 2, Color Selections, UDS, 1 Sheet. May 10, 2002 Evergrene Master Sign Program, Lucido and Associates, Details 1-24. May 10, 2002 Evergrene Sign Key Plan, Lucido and Associates, 1 Sheet. January 1, 2001 FPL Decorative Street Lighting Fixtures, Acorn and Double Acorn Fixtures, 2 Sheets. SECTION 8: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 9 : If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 10: This Resolution shall become effective immediately upon adoption. [ This space intentionally left blank.] PASSED, ADOPTED AND APPROVED this day of Date Prepared: December 27, 2002 Resolution 184, 2002 Page 4 ,2003. ATTEST: PATRICIA SNIDER, CITY CLERK MAYOR JABL1N I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT LEGAL DESCRIPTION EXHIBIT A A PARCEL OF LAND SITUATE IN SECTION 25, TOWNSHIP 41 5rOUlH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF (E 1/2) OF SAID SECTION 25 LYING NORTHERLY OF THAT CERTAIN ROAD RIGHT-OF-WAY .DESCRIBED IN DEED BOOK 108.3, PAGE 1,59, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS AND EXCEPTING THEREFROM THAT PORTION THEREOF LYING EASTERLY OF THE WEST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD.ALSO LESS THE RIGHTS-OF-WAY OF MILITARY TRAIL AND DONALD ROSS ROAD. CONTAINING 97.296 ACRES, MORE OR LESS. TOGETHER WITH: A PARCEL OF LAND SITUATE IN SECTIONS 25 AND 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ~ THAT PART OF THE EAST HALF (E 1/2)OF SAID SECTION 25 LYING SOUTHERLY THAT CERTAIN ROAD RIGHT-OF-WAY DESCRIBED IN DEED BOOK 108,..3, PAGE 1..39, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH THAT PART OF SECTION 36, TOWNSHIP 4.1 SOUTH, RANGE ¢2 EAST LYING NORTHERLY OF THE NORTH RIGHT-OF-WAY LINE OF HOOD ROAD AND EASTERLY OF MILITARY TRAIL. LESS AND EXCEPTING THEREFROM THAT PORTION THEREOF LYING EASTERLY OF THE WEST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD. ALSO LESS THE ADDITIONAL RIGHTS-OF-WAY OF MILITARY TRAIL AND HOOD ROAD CONVEYED IN OFFICIAL RECORDS BOOK 748,3, PAGE 174-6. ALSO LESS THOSE PARCELS OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2856, AT PAGE 595, OFFICIAL RECORDS BOOK 2732, AT PAGE 422, AND OFFICIAL RECORDS BOOK 2732, AT PAGE 4.28, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 265.424 ACRES, MORE OR LESS. _AST DATE OF FIELD WORK: 2/01/00 SURVEYOR’S CERTIFICATE HEREBY CERTIFY THAT THE TOPOGRAPHIC SURVEY SHOWN HEREON ~COMPLIES KITH MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS CONTAINED IN .~HAPTER61G17-6,FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION ~-72.027,FLORIDA STATUTES, AND THAT SAID SURVEY IS TRUE AND ",ORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER LORIDA LICENSE NO. LS 5111 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared" January 2, 20____03~ Meeting Date: January 16, 2003 Resolution: 2, 2003 Subject/Agenda Item: Consideration of Resolution 2, 2003, authorizing the provision of in-kind services to assist the Honda Classic Foundation in implementing the Honda Classic Golf Tournament [X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: City Attorney Submitted by: JACK DOUGHNEY, COMMUNITY SERVICES Approved by: ~/~ ~ City Manager Originating Dept: RESIDENT SERVICES, Debbie Andrea Citizens Services Specialist Advertised: Date: Paper: [ X] Not Required Affected parties: [ ] Notified [X] Not Required Costs: $0 Current FY Funding Source: [ ] Operating [ ] Other Budget Acct. # Council Action: [ ] Approved [ ] Approved with conditions [ ] Denied [ ] Continued to: Attachments: Resolution 3, 2003 Date Prepared: January 2, 2003 Meeting Date: January 16, 2003 Resolution: 2, 2003 • BACKGROUND: The Honda Classic Foundation has requested that the City provide certain support services to assist in the implementation of the Honda Classic Golf Tournament. City Staff has determined that the services outlined in Exhibit A to Resolution 3, 2003 (“Honda Classic Wish List”) can be provided without disrupting normal services to residents and without incurring additional costs, with the exception of the police department services. In accordance with the applicable collective bargaining agreements, police services can only be provided in the form of off-duty detail payments. In consideration of the economic benefit to the City and the charitable purposes of the Honda Classic, City Staff recommends approval of the in-kind services. As additional consideration, the Honda Classic Foundation will be providing the City with a number of benefits worth an estimated $9,000 including a corporate display, advertisements in the souvenir program and spectator guide. • STAFF RECOMMENDATION: Approval of Resolution 2, 2003 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 2, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING IN-KIND SUPPORT SERVICES TO ASSIST THE CLASSIC FOUNDATION, INC. IN IMPLEMENTING THE HONDA CLASSIC GOLF TOURNAMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The Classic Foundation, Inc. ("Foundation") has relocated the annual Honda Classic Golf Tournament ("Golf Tournament") to the City of Palm Beach Gardens commencing March of 2003; and WHEREAS, the Golf Tournament is a nationally televised, six (6) day event that will draw approximately 30,000 spectators and have a significant economic impact to the City and Palm Beach County estimated to be in excess of $4.5 million dollars; and WHEREAS, the proceeds from the Golf Tournament will be donated to local children’s charities, including the City’s Police Athletic League; and WHEREAS, in light of the significant economic impact to the City and to the local charities receiving the proceeds of the Golf Tournament, and in consideration of services provided by the Foundation to the City, the City wishes to donate in-kind services to the Foundation to assist in the implementation of the Golf Tournament; and WHEREAS, City Staff has concluded that the City will be able to provide such in-kind services prior to and during the Golf Tournament without disrupting or otherwise impairing the City’s ability to serve its residents; and WHEREAS, the City Council specifically determines that the provision of in-kind services constitutes a proper public purpose and is in interests of the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby authorizes the provision of the in-kind services described in Exhibit “A” attached hereto and incorporated herein, with the exception of the police department services, which shall be funded separately. As additional consideration for such services, the Classic Foundation, Inc. may provide the City with the items indicated under the City’s “Wish List,” including, but not limited to a corporate display, advertisements in the souvenir program and spectator guide. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 16th day of January, 2003. ______________________ MAYOR JABLIN ATTEST: _____________________________ PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. ______________________________ LEONARD RUBIN CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR JABLIN ____ ____ ____ VICE MAYOR SABATELLO ____ ____ ____ COUNCILMEMBER CLARK ____ ____ ____ COUNCILMEMBER RUSSO ____ ____ ____ COUNCILMEMBER DELGADO ____ ____ ____ TO T A L C O M M I T M E N T " H A R D C O S T S " Pu b l i c W o r k s $ 2 5 , 2 0 7 . 5 0 Co m m u n i t y S e r v i c e s $ 2 , 9 1 2 . 0 0 Re c r e a t i o n $ 3 6 , 6 4 9 . 3 4 Po l i c e D e p a r t m e n t $ 3 1 , 5 6 0 . 0 0 $ 3 1 , 3 8 0 . 0 0 Gr o w t h M a n a g e m e n t $ 3 , 4 0 0 . 0 0 Pa r k s $ 7 5 , 0 6 2 . 9 5 Fi r e D e p a r t m e n t $ 1 7 , 6 5 8 . 0 0 $ 1 3 , 8 9 0 . 0 0 IS D e p a r t m e n t $ 1 , 7 1 5 . 0 0 To t a l C i t y C o m m i t m e n t $ 1 9 4 , 1 6 4 . 7 9 $ 4 5 , 2 7 0 . 0 0 Ci t y ' s W i s h L i s t T O T A L C O M M I T M E N T Co r p o r a t e D i s p l a y $ 3 , 5 0 0 . 0 0 So u v e n i r P r o g r a m $ 2 , 5 0 0 . 0 0 Sp e c t a t o r G u i d e $ 3 , 0 0 0 . 0 0 To t a l $ 9 , 0 0 0 . 0 0 TO T A L C I T Y C O M M I T M E N T F O R H O N D A C L A S S I C ILl 00~00 o c~ c~ c~ 0 ooo~o~0o o o C -~ co ooo ooo ooooooooo 000000000 U.I O oO o o oooo o o oo o o o o oo o o. 000 00O0000(:0 I’-.- o~ C~I CO 0 If)(~ I~ 0O) ~-- U~o°°o~.~°~o ~ ~ (D"~ c" 000000000000 0 0 0 0 0 0 E E CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 2, 2003 Meeting Date: January 16, 2003 Resolution: 3, 2003 Subject/Agenda Item: Consideration of Resolution 3, 2003, approving a grant in the amount of $25,000 to the Honda Classic Foundation for use in retaining off-duty City police officers to implement its Public Safety Plan for the Honda Classic Golf Tournament. [X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: City Attorney Finance Director Submitted by: JACK DOUGHNEY, COMMUNITY SERVICES Approved by: ~ City ~ Originating Dept: RESIDENT SERVICES, Debbie Andrea Citizens Services /~ .. Specialist Advertised: Date: Paper: [X] Not Required Affected parties: [ ] Notified [ X] Not Required Costs: $25,000 Current FY Funding Source: [ ] Operating [ x ] Other Council Contingency Budget Acct. # OOl- ~c~o- 5"11. 5";7/0 Council Action: [ ] Approved [ ] Approved with conditions [ ] Denied [ ] Continued to: Attachments: Resolution 3, 2003 Date Prepared: January 2, 2003_ Meeting Date: January 16, 2003 Resolution: 3, 2003 BACKGROUND: Staff is recommending the issuance of a $25,000 grant from the City Council Contingency Fund for F/Y 2002/03 to the Honda Classic Foundation for the sole purpose of hiring off- duty Palm Beach Gardens police officers to work the event. The officers will provide security for the general public going to and from the event and will implement the Public Safety Plan which was designed to ensure the general safety of the spectators. The funds will be used for payment of off-duty police details to implement to the Plan. STAFF RECOMMENDATION: Approval of Resolution 3, 2003. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 3, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A $25,000 GRANT TO THE CLASSIC FOUNDATION, INC. TO PROVIDE CITY POLICE SERVICES FOR THE HONDA CLASSIC GOLF TOURNAMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, The Classic Foundation, Inc. ("Foundation") has relocated the annual Honda Classic Golf Tournament ("Golf Tournament") to the City of Palm Beach Gardens commencing March of 2003; and WHEREAS, the Golf Tournament is a nationally televised, six (6) day event that will draw approximately 30,000 spectators and have a significant economic impact to the City and Palm Beach County estimated to be in excess of $4.5 million dollars; and WHEREAS, the proceeds from the Golf Tournament will be donated to local children’s charities, including the City’s Police Athletic League; and WHEREAS, in order to provide for the security of spectators and the public at large, the Foundation will be implementing a Public Safety Plan ("Plan") for the Golf Tournament and will be required to retain the services of off-duty police officers; and WHEREAS, in recognition of the economic impact to the City and to the local charities, and to provide for the safety of City residents and those attending the Golf Tournament, the City Council wishes to provide a $25,000 grant to the Foundation for implementation of the Plan utilizing off-duty City police officers; and WHEREAS, the City Council specifically determines that the grant of funds from the City Council Contingency Fund for the implementation of the Golf Tournament Public Safety Plan serves a proper public purpose and is in interests of the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. -1- SECTION 2: The City Council hereby grants to The Classic Foundation, Inc. the sum of $25,000 to be used to implement its Public Safety Plan for the Honda Classic Golf Tournament, subject to the following conditions: All off-duty law enforcement personnel retained to implement the Public Safety Plan shall be City police officers unless the City confirms that off-duty City officers are not available to provide such services. Any additional funds necessary to implement the Public Safety Plan in excess of $25,000 shall be borne by the Foundation. The funds shall be available to the Foundation as of March 1, 2003. The City reserves the right to require the execution of a contract prior to disbursement of any funds. The $25,000 grant shall be available on an annual basis for as long as the Golf Tournament is held within the City, subject to annual appropriation and funding by the City Council. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED THIS DAY OF .,2003. ATTEST: MAYOR JABLIN PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD G. RUBIN CITY ATTORNEY -2- VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT -3- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 2,20.0.3._ Meeting Date: January 16, 2003 Resolution: 4, 2003 Subject/Agenda Item: Consideration of Resolution 4, 2003, approving an Agreement with the Classic Foundation, Inc. for the use of City facilities in connection with the Honda Classic Golf Tournament. [X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: City Attorney Finance Director Submitted by: JACK DOUGHNEY, COMMUNITY SERVICES ADMINISTRATOR Originating Dept: RESIDENT SERVICES, Debbie Andrea Citizens Services ~,2~ Specialist ~ Advertised: Date: Paper: [ X] Not Required Affected parties: [ ] Notified [ X] Not Required Costs: $0 Current FY Funding Source: [ ] Operating [ ] Other Budget Acct. # Council Action: [ ] Approved [ ] Approved with conditions [ ] Denied [ ] Continued to: Attachments: Resolution 4, 2003 Use of Facilities Agreement Date Prepared: January 3,_2003 Meeting Date: January 16, 2003 Resolution: 4, 2003 BACKGROUND: The Honda Classic Foundation currently resides in the Riverside Community Center as part of the City’s sponsorship and support to help get the project underway. The Foundation occupies the space at the rear of the building which was formerly the Parks office. Through the efforts of the developer and the community sponsorship package of in-kind support for the event, the Community Recreation Building under construction in Mirasol Park would be available to the Foundation for the time the event is held in the City. The Foundation would make an annual donation to the City’s Police Athletic League Youth Program and adhere to the conditions of the Use of Facilities Agreement. The Agreement requires the Foundation to pay all expenses related to its use of the building and supply the furnishings. The Foundation will only be permitted to use the building to facilitate the annual Honda Classic Golf Tournament. STAFF RECOMMENDATION: Approval of Resolution 4, 2003. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 4, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AGREEMENT WITH THE CLASSIC FOUNDATION, INC. FOR THE USE OF CITY FACILITIES IN CONNECTION WITH THE HONDA CLASSIC GOLF TOURNAMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The Classic Foundation, Inc. ("Foundation") has relocated the annual Honda Classic Golf Tournament ("Golf Tournament") to the City of Palm Beach Gardens commencing March of 2003; and WHEREAS, the Golf Tournament is a nationally televised, six (6) day event that will draw approximately 30,000 spectators and have a significant economic impact to the City and Palm Beach County estimated to be in excess of $4.5 million dollars; and WHEREAS, the proceeds from the Golf Tournament will be donated to local children’s charities; and WHEREAS, the Foundation has requested use of City facilities for activities related to the implementation of the Golf Tournament, including year-round office space; and WHEREAS, in light of the economic benefit to the City, the City has agreed to allow the Foundation to use the Mirasol Park Community Recreation Building currently under construction and near completion in exchange for an annual donation of the City’s Police Athletic League Youth Program; and WHEREAS, the City Council specifically determines that the adoption of this Resolution is in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby approves the Agreement for Use of Facilities attached hereto as Exhibit "A" and incorporated herein by reference and authorizes the Mayor and City Clerk to execute said Agreement on behalf of the City. -1- SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. PASSED, .ADOPTED AND APPROVED THIS DAY OF ,2003. ATTEST: MAYOR JABLIN PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD G. RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT -2- Date Prepared: January 3, 2003 Meeting Date: January 16, 2003 Resolution: 4, 2003 EXHIBIT A AGREEMENT FOR USE OF FACILITIES THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation ("City") and The Classic Foundation, Inc., a Florida not-for-profit corporation ("Foundation"). WlTNESSETH: WHEREAS, the City will own and operate a Community Recreational Building located within the Mirasol Park ("Facility"); and WHEREAS, the City agrees to allow the Foundation to utilize the Facility for office use in connection with the Honda Classic Golf Tournament ("Golf Tournament") accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the City and the Foundation agree as follows: 1.Introduction and Scope. This Agreement allows the Foundation to utilize the Facility in connection with the Foundation’s implementation of the Honda Classic Golf Tournament ("Golf Tournament"). As of the date of this Agreement, the City does not have ownership or possession of the Facility. The City’s obligations under this Agreement are expressly contingent upon, and shall not commence until, the completion of the Facility, the issuance of a Certificate of Occupancy and the conveyance of the Facility to the City by the developer of the Mirasol Planned Community District. 2. Use of Facility. The City shall allow the Foundation the exclusive use of the Facility to implement the Golf Tournament and for no other commercial or charitable purpose. The Foundation’s use of the Facility shall be subject to the following conditions: Ao The Foundation shall comply with all applicable federal, state, county and City statutes, ordinances, rules, orders, regulations and requirements applicable to its use of the Facility. There shall be no storage of any materials on the exterior of the building and there shall be no sales of any goods or materials with the exception of on-site ticket sales. -1- The Foundation shall provide its own furnishings and shall provide for daily maintenance of the Facility, including interior custodial cleaning. The Foundation shall pay, at its own expense, all monthly charges incurred in connection with its use of the Facility, including, but not limited to, water, sewer, electricity, telephone, computer access, cable, garbage pick up and pest control service. Co The Foundation shall only use the Facility during normal business hours and shall only issue keys to the Facility to full-time Foundation employees. The Foundation shall not discriminate against any person on the basis of race, color, religion, gender or national origin in its use of the Facility. The Foundation shall not make any structural changes or improvements to the Facility without prior written consent of the City. Any structural changes or improvements approved by the City shall remain part of the Facility upon termination of this Agreement. The Foundation’s use of the .Facility shall in no way interfere with the use of the Mirasol Park by members of the general public. The City, its agents or employees, shall be permitted to enter the Facility at any time for the purpose of building maintenance and inspection. The Foundation shall not sub-let any portion of the Facility without the express written consent of the City. No Upon execution of the Agreement, the Foundation shall provide a copy of its current articles of incorporation, by-laws and certificate of non-profit status to the City’s Community Services Administrator. The Foundation agrees to provide the Community Services Administrator with any changes to these documents immediately upon adoption. 3.Term of Agreement and Termination.. This Agreement shall be for a term of one (1) year from the Effective Date and shall automatically be renewed for three (3) additional one year periods. Either party may terminate this Agreement, for any or no reason, by giving thirty (30) days’ written notice the other party. Upon termination by the City, the Foundation shall immediately remove all of its equipment and supplies from the Facility and surrender the Facility to the City. 4. Payment to the City In exchange for the use of the Facility, the Foundation shall make an annual donation, at the conclusion of the Golf Tournament, to the City’s Police Athletic League Youth Program. -2- 5.Indemnification. In the event a claim or lawsuit is brought against the City, its officers, employees, servants or agents relating to or arising out of the Foundation’s use of the Facility or its performance under the terms of this Agreement, the Foundation hereby agrees to indemnify, save and hold harmless the City, its officers, employees, servants or agents and to defend said persons from any such claims, liabilities, causes of action and judgments of any type whatsoever, including the payment of reasonable attorney’s fees. Nothing in this Agreement shall be deemed to affect the City’s right to sovereign immunity or the limitations of liability set forth in section 768.28, Florida Statutes. 6. Prohibition Against Liens or Other Encumbrances. The Foundation shall not do or permit anything to be done which purports to create a lien or encumbrance of any nature against the real property vested in the City. 7. Insurance. During the terms of this Agreement, the Foundation shall maintain Commercial General Liability and Property Damage policies of insurance in amounts of not less than one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) general aggregate with respect to its use of the Facility. The City shall be named as an "additional insured" on all policies relating to this Agreement and shall be provided with a standard form of certificate of insurance within ten (10) days of the Effective Date of this Agreement. Such certificate shall provide that the City shall be notified at least thirty (30) days prior to any cancellation or change in coverage. 8. Miscellaneous Provisions A. Notice Format. All notices or other written communications required, contemplated or permitted under this Agreement shall be in writing and shall be hand delivered, or mailed by registered or certificated mail (postage prepaid), return receipt requested, to the following addresses: As to City:City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida Attn: City Manager 33410 with a copy to:Palm Beach Gardens City Attorney 10500 North Military Trail Palm Beach Gardens, Florida 333410 -3- As to the Foundation:The Classic Foundation, Inc. 11805 Heron Bay Boulevard Coral Springs, Florida 33076 with a copy to:Raymond A. Doumar, Esquire 1177 S.E. 3rd Avenue Ft. Lauderdale, Florida 33316 B. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. C. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. D.Assignment. This Agreement may not be assigned without the prior written consent of all parties to this Agreement. E.Severability. If any part of this Agreement is contrary to, prohibited by or deemed invalid under any applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. F.Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue of all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. G. Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. -4- H. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. I.Construction. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement and, accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other and every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning. J.Attorney’s Fees. It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this Agreement or interpret same, or if any administrative proceeding is brought for the same purposes, the non-prevailing party pay to the prevailing party reasonable attorney’s fees and costs, including appellate fees and costs. SIGNATURES ON THE FOLLOWING PAGE -5- IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this __day of .,2003. [SEAL] CITY: CITY OF PALM BEACH GARDENS, a Florida municipal corporation By: Mayor ATTEST: City Clerk Approved as to Form and Legal Sufficiency: City Attorney Executed bythe Foundationthis__day of ,2003. [SEAL] ATTEST: THE CLASSIC FOUNDATION, INC., a Florida not-for-profit corporation By: Name: Title: Name: Title: P:\CPWin\HISTORY~021212A\43F. 188(319.062)lgr-doc392 -6- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 6, 2003 Meeting Date: January 16, 2003 Resolution: 5, 2003 Subject/Agenda Item: Consideration of Resolution 5, 2003, approving a Lease Agreement with the School Board of Palm Beach County and a Sub-Lease Agreement with The Classic Foundation, Inc. to provide for temporary parking within the Mirasol school site for the Honda Classic Golf Tournament. [X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: City Attorney~ Finance Director Submitted by: JACK DOUGHNEY, COMMUNITY SERVICES Originating Dept: RESIDENT SERVICES, Debbie Andrea Citizens Services Specialist Advertised: Date: Paper: [ X] Not Required Aff’-Aff-~¢~"~¢ ted pa rti es: [ ] Notified [ X] Not Required Costs: $1.00 Current FY Funding Source: [ ] Operating [ ] Other Budget Acct. # Council Action: [ ] Approved [ ] Approved with conditions [ ] Denied [ ] Continued to: Attachments: Resolution 5 2003 Lease Agreement Sub-Lease Agreement Date Prepared: January 6 200_3_ Meeting Date: January 16, 2003. Resolution: 5 2003 BACKGROUND: The parcel of land just north of the City’s new Mirasol Park is considered by City Staff to be a valuable asset during the next few years for overflow parking during the Park’s programs, until such time as the land will be needed for a school project. The attached Lease Agreement will allow the City to lease the parcel from the School Board. The attached Sub-Lease Agreement will allow the City to sub-lease the parcel to The Classic Foundation for use of the property for Honda Classic parking. The City will maintain the land by mowing monthly and keeping it clear of debris. The local developer is willing, on behalf of the Honda Classic, to make certain improvements to the site to ensure its use as a parking site. STAFF RECOMMENDATION: Approval of Resolution 5, 2003. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 5, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A LEASE AGREEMENT WITH THE SCHOOL BOARD OF PALM BEACH COUNTY AND A SUB-LEASE AGREEMENT WITH THE CLASSIC FOUNDATION, INC. TO PROVIDE FOR TEMPORARY PARKING WITHIN THE MIRASOL SCHOOL SITE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Staff had identified the vacant Mirasol school site owned by the School Board of Palm Beach County ("School Board") for temporary parking for events at the new Mirasol Park; and WHEREAS, the Classic Foundation, Inc. ("Foundation") has requested use of the vacant Mirasol school site for temporary parking during the Honda Classic Golf Tournament ("Golf Tournament"); and WHEREAS, City Staff has recommended leasing the Mirasol school site from the School Board for use in conjunction with the Mirasol Park and executing a sub-lease with the Foundation for use during the Golf Tournament; and WHEREAS, the City Council specifically determines that the adoption of this Resolution is in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby approves the form of the Lease Agreement with the School District attached as Exhibit "A" hereto and incorporated herein by reference and the Sub-Lease Agreement with the Foundation attached as Exhibit"B" hereto and incorporated herein by reference and authorizes City Staff to finalize said Agreements. The City Council further authorizes the Mayor and City Clerk to execute the Agreements without additional Council action provided that the terms of the final Agreements are substantially the same as those attached hereto. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. -1- SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portionsor applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED ~THIS __DAY OF .,2003. ATTEST: MAYOR JABLIN PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD G. RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT -2- Date Prepared: January 6, 2003 Meeting Date: January 16, 2003 Resolution: 5, 2003 EXHIBIT A LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this day of 2003, by and between the City of Palm Beach Gardens, a municipal corporation organized and existing under the laws of the State of Florida ("City"), and the School Board of Palm Beach County, a corporate body politic pursuant to the Constitution of the State of Florida ("School Board"). WHEREAS, School Board owns a parcel of vacant real property designated for a future school site, located within the Mirasol Planned Community District and adjacent to the proposed Mirasol Park; and WHEREAS, City desires to lease the Mirasol School Site from School Board for City purposes, including, but not limited to, parking for events at Mirasol Park and sub- leasing of the site to The Classic Foundation, Inc. ("Foundation") for parking for the Honda Classic Golf Tournament ("Golf Tournament"); and WHEREAS, City and School Board desire to enter into a Lease Agreement setting forth the terms and conditions under which the City shall lease the property from School Board for the purposes stated above. NOW THEREFORE, in consideration of the rents, covenants, and agreements hereinafter reserved and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: ARTICLE I BASIC LEASE PROVISIONS Section 1.01 Premises. In consideration of the rents, covenants and agreements hereafter reserved and contained on the part of City to be observed and performed, School Board demises and leases to City, and City rents from School Board approximately 32.70 acres of land legally described in Exhibit "A" attached hereto and made a part hereof ("Property"). Section 1.02 Length of Term and Commencement Date. This Lease shall be effective upon the Effective Date as defined hereinafter. The term of this lease shall commence upon the Effective Date and shall extend for a period of five (5) years ("Term of Lease"), unless sooner terminated pursuant to the provisions this Lease. The Term of Lease may be modified or extended with the mutual consent of the parties. -1- ARTICLE II RENT Section 2.01. Annual Rent. City shall pay School Board an annual net rent of one dollar ($1.00) ("Annual Rent"), payable without notice on the Effective Date and each subsequent anniversary thereof. Annual Rent shall be made payable to School Board and shall be delivered to School Board. This Lease shall be what is commonly referred to as a "triple net" to School Board, it being understood by the parties that School Board shall receive the rent payable hereunder free and clear of any and all impositions, taxes, liens, charges, and expense of any nature whatsoever relating to ownership or operation of the Property, including without limitation those relating to taxes, if any, insurance, repair, maintenance, use, care or operation, except as may be specifically set forth in the provisions of this Lease. Section 2.02 Assessments and Personal Property Taxes. City shall pay before delinquency all ad valorem taxes, assessments, whether general or special, and all other personal property taxes and assessments of any kind or nature which may be levied by any governmental authority against the Property, and/or City’s personal property located on the Property. In the event this Lease or City’s use of the Property renders the Property subject to ad valorem real property taxes or similar impositions imposed by any governmental entity, City shall be responsible for and shall pay same before delinquency. Section 2.03 Additional Rent. Any and all sums of money or charges required to be paid by City under this Lease other than Annual Rent shall be considered "Additional Rent," whether or not the same is specifically so designated and School Board shall have the same rights to enforce due and timely payment by City of all Additional Rents as are available to School Board with regard to Annual Rent. ARTICLE III CONDITION OF LEASED PREMISES, ALTERATIONS City certifies that it has inspected the Property and accepts same "As Is," in its existing condition together with any defects, latent or patent, if any, subject to all matters of record. City further acknowledges that School Board has made no representations or warranties of any nature whatsoever regarding the Property, including, without limitation, the physical condition of the Property, any improvements or equipment located thereon, or the suitability thereof for City’s intended use. No repair work or alterations of the Property is required to be done by School Board as a condition of this Lease. -2- ARTICLE IV CONDUCT OF BUSINESS AND USE OF PREMISES Section 4.01 Use of Premises. City shall use and occupy the Property for municipal purposes, including, but not limited to, the use of the Property by City for special event parking in connection with the Mirasol Park and use by Foundation for parking in connection with the Golf Tournament. School Board acknowledges and consents to such use. In accordance with this use, City, or its agents, may construct drainage and/or utility improvements on the Property ("Improvements"). Prior to constructing such Improvements, City shall provide School Board with a final site plan design for approval by School Board. School Board agrees to execute and deliver to City such authorizations, approvals, agreements, or consents as may be required to secure permits and development approvals for construction of the Improvements, provided, however, School Board shall not incur any expense in connection with the foregoing and any fees, costs or expenses shall be the responsibility of City. Section 4.02 Waste or Nuisance. City shall not commit or suffer to be committed any waste upon the Property, commit or permit the maintenance or commission of any nuisance or other act or thing which may result in damage or depreciation of value of the Property or which may affect School Board’s fee interest in the Property or which results in an unsightly condition. All refuse is to be removed from the Property at City’s sole cost and expense and City shall keep such refuse in proper fireproof containers on the interior of the Property until removed. Section 4.03 Governmental Regulations. City shall, at City’s sole cost and expense, comply with all ordinances, laws, statutes and regulations promulgated thereunder of all county, municipal, state, federal and other applicable governmental authorities now in force or which may hereafter be in force, pertaining to City and its use of the Property, or the Property generally. City shall not use, maintain, store or dispose of any contaminants, including, but not limited to, hazardous or toxic substances, chemicals or other agents on the Property or any adjacent land in any manner not permitted by law. To the extent permitted by law, City shall indemnify, defend and save School Board harmless from any and all penalties, fines, costs, expenses, suits, claims or damages resulting from City’s failure to perform its obligations in this Section. Nothing contained herein shall be construed as a waiver of sovereign immunity or the statutory limits of liability set forth in section 768.28, Florida Statutes. -3- Section 4.04 Surrender of Premises, Upon termination of this Lease, City shall, if so directed by School Board, at its sole cost and expense, remove City’s personal property, removable fixtures and equipment from the Property and surrender the Property to School Board in good condition and repair. ARTICLE V REPAIRS AND MAINTENANCE OF PREMISES Section 5.01 Responsibility of City and School Board. School Board shall not be obligated or required to make or conduct any maintenance or repairs whatsoever to the Property. City shall keep and maintain all portions of the Property in good condition and repair, at City’s sole cost and expense. Such maintenance shall, at a minimum, include monthly mowing and the clearing of debris. Section 5.02 School Board’s Right to Inspect. School Board or School Board’s agents shall have the right, upon reasonable prior notice to City (except that no notice need be given in case of emergency) to enter the Property for the purpose of inspection of the Property and any improvements located thereon. Any such entry on the Property shall be conducted by School Board in a manner calculated to minimize any interference with or disruption of any operations occurring within the Property. ARTICLE VI UTILITIES If necessary, City shall be solely responsible for all costs and expenses relating to providing utility services to the Property and shall pay directly to the utility company or provider of such service all charges and assessments for any utility services provided including, but not limited to, water, sewer, gas, electricity, trash collection and removal of any other utility used or consumed on the Property. ARTICLE VII INSURANCE Section 7.01. Required coverages. 7.01.1 Without waiving the right to sovereign immunity or the limits of liability set forth in section 768.28, Florida Statutes, City reserves the right to be self-insured for General Liability and Automobile Liability under Florida Statutes, with coverage limits of $100,00 Per Person and $200,000 Per Occurrence, or such monetary waiver limits as may be set forth by the Florida Legislature. -4- 7.01.2 City agrees to maintain or to be self-insured for Worker’s Compensation and Employer Liability Insurance in accordance with Chapter 440, Florida Statutes. 7.01.3 When requested, City agrees to provide a statement Certificate of Insurance evidencing insurance coverage and/or self-insurance, which School Board agrees to recognize as acceptable for the above mentioned coverages. 7.01.4 Compliance with the foregoing shall not relieve City of its liability and obligations under this Lease. 7.01.5 City agrees its self-insurance, general liability and automobile liability shall be primary as respect to any coverage afforded to or maintained by City. ARTICLE VIII INDEMNIFICATION City and School Board recognize their respective liability for certain tortuous acts of their agents, officers, employees and invitees, and agree to be responsible respectively for all claims, liability, losses, and/or causes of action that may arise from any negligent act or omission due to the acts of its agent, servants, or employees, to the extent and limits provided in Section 768.28, Florida Statutes, and the State of Florida’s partial waiver of sovereign immunity. This provision shall not be construed as a waiver of any right or defense that School Board and City have under said statute. Each party covenants to self- insure its respective liability, throughout the term of this Lease, and provide insurance as required in Article VII. ARTICLE IX ASSIGNMENT AND SUBLETTING Section 9.01 Sublease to Foundation. The parties recognize that City shall sub-let the Premises to the Foundation for limited periods of time for use as a temporary parking area for the Golf Tournament. City shall not be required to obtain any consent from School Board to enter into a Sub-Lease Agreement with the Foundation. Section 9.02 Consent Required. Except as provided in Section 10.01 above, City may not assign, mortgage, pledge or encumber this Lease in whole or in part, nor sub-let or rent all or any portion of the Property nor grant any easements affecting the Property, without prior written consent of School Board, which may be granted or withheld in the School Board’s absolute discretion. -5- ARTICLE X DEFAULT AND TERMINATION Section 10.01 Events of Default. The occurrence of one or more of the following shall constitute an Event of Default by City under this Lease: (1) City’s failure to pay any sum due hereunder within thirty (30) days after same shall become due or (2) City’s failure to perform or observe any of the covenants and conditions of the Lease if such failure continues for more than sixty (60) days after notice from School Board, unless the same is of such a nature that it cannot be reasonably cured within such time period, in which event City shall be entitled to a reasonable period under the circumstances. If any Event of Default occurs, then at any time thereafter while the Event of Default continues, School Board shall have the right to give City notice that School Board intends to terminate this Lease upon a specified date not less than thirty (30) days after the date the notice is received by City, and this Lease shall expire on the date specified as if that date had originally been fixed as the expiration date of the Term of Lease. If, however, the default is cured within the thirty (30) day period, and City is so notified, this Lease will continue. Section 10.02 Termination. Notwithstanding the provisions of Section 10.01 above, either party may terminate this Lease, for any or no reason, by giving the other party ninety (90) days’ written notice of its intent to terminate the Lease. Upon the giving of such notice, this Lease shall expire on the date specified as if that date had originally been fixed as the expiration date of the Term of Lease. Section 10.03 Reverter Should the School Board be required to convey the Property back to the developer of the Mirasol Planned Community District pursuant to the reverter clause set forth in the Deed conveying the Property to the School Board, this Lease shall automatically expire upon conveyance of the Property as if the date of conveyance had originally been fixed as the expiration date of the Term of Lease. ARTICLE Xl ANNUAL BUDGETARY FUNDING This Agreement and all obligations of City hereunder are subject to and contingent upon annual budgetary funding and appropriations by the Palm Beach Gardens City Council. -6- ARTICLE Xll QUIET ENJOYMENT Upon payment by City of the Rent and other charges herein provided, and upon observance and performance of all covenants, terms and conditions on City’s part to be observed and performed, City shall peaceably and quietly hold and enjoy the Property for the Term hereby demised without hindrance or interruption by School Board or any other person or persons lawfully or equitably claiming by, through or under School Board subject, nevertheless, to the terms of this Lease. ARTICLE Xlll MISCELLANEOUS Section 13.01 Entire Agreement. This Lease, and any Exhibits attached hereto, constitute all agreements, conditions and understandings between City and School Board concerning the Property. All representations, either oral or written, shall be deemed to be merged into this Lease. Except as otherwise provided herein, no subsequent alteration, waiver, change or addition to this Lease shall be binding upon City or School Board unless reduced to writing and signed by them. Section 13.02 Notices. Any consents, approvals and permissions by the parties shall be effective and valid only if in writing, and any notice by either party to the other shall be in writing and shall be deemed to be duly given only if mailed prepaid by certified mail return receipt requested to the following addresses: If to City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attention: City Manager If to School Board: School District of Palm Beach County 3300 Forest Hill Boulevard, Suite C323 West Palm Beach, Florida 33406 Attention: Director of Real Estate Services -7- Either party hereto may change the address for service of notice required or permitted hereunder upon ten (10) days’ prior written notice. All notices given hereunder shall be effective and deemed to have been duly given only upon receipt by the party to which notice is being given, said receipt being deemed to have occurred upon such date as the postal authorities shall show the notice to have been delivered, refused, or undeliverable, as evidenced by the return receipt. Section 13.03 Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. Section 13.04 Severability. If any part of this Lease is contrary to, prohibited by or deemed invalid under any applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. Section 13.05 Governing Law and Venue. This Lease and all transactions contemplated by this Lease shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida. Venue of all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida. Section 13.06 Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. Section 13.07 Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. Section 13.08 Construction. The parties acknowledge that each has shared equally in the drafting and preparation of this Lease and, accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other -8- and every covenant, term and provision of this Lease shall be construed simply according to its fair meaning. Section 13.09 Recording. City shall not record this Lease, or any memorandum or short form thereof, without written consent and joinder of School Board. Section 13.10 Waiver of Jury Trial. The parties hereto waive trial by jury in connection with proceedings or counterclaims brought by either party hereto against the other in connection with this Lease. Section 13.11 Waiver, Accord and Satisfaction. The waiver by School Board of any default of any term, condition or covenant herein contained shall not be a waiver of such term, condition or covenant, or any subsequent default of the same or any other term, condition or covenant herein contained. The consent or approval by School Board to or any act by City requiring School Board consent or approval shall not be deemed to waive or render unnecessary School Board’s consent to or approval of any subsequently similar act by City. Section 13.12 Non-exclusivity of remedies. No remedy herein conferred on any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. [Remainder of Page Intentionally Blank -- Signatures on Next Page] -9- IN WITNESS WHEREOF, the parties have caused this Lease Agreement to be executed on the day and year first above written. CITY OF PALM BEACH GARDENS, FLORIDA SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA By:By: Mayor Chairperson By:By: City Clerk Superintendent Date Executed:Date Executed: WITNESSES WITNESSES Print Name Print Name Print Name Print Name Reviewed and Approved as to Form: By: City Attorney Reviewed and Approved as to Form: By: County Attorney -10- EXHIBIT "A" Tract Y of Mirasol Plat One, according to the Plat thereof recorded in Plat Book 89, Pages 14 though 23 of the Public Records of Palm Beach County, Florida. SUB-LEASE AGREEMENT THIS SUB-LEASE AGREEMENT is made and entered into this day of ,2003, by and between the City of Palm Beach Gardens, a municipal corporation organized and existing under the laws of the State of Florida ("City"), and The Classic Foundation, Inc., a Florida not-for-profit corporation ("Foundation"). WHEREAS, City is leasing a parcel of property within the Mirasol Planned Community District from the School Board of Palm Beach County; and WHEREAS, Foundation has requested that City sub-lease the Property to Foundation for a temporary vehicle parking site during the Honda Classic Golf Tournament ("Golf Tournament") to be held at the County Club at Mirasol; and WHEREAS, City and Foundation desire to enter into a Sub-Lease Agreement setting forth the terms and conditions under which Foundation shall sub-lease the property from City for the purposes stated above. NOW THEREFORE, in consideration of the rents, covenants, and agreements hereinafter reserved and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: ARTICLE I BASIC LEASE PROVISIONS Section 1.01 Premises. In consideration of the rents, covenants and agreements hereafter reserved and contained on the part of Foundation to be observed and performed, City sub-leases to Foundation, and Foundation rents from City approximately 32.70 acres of land legally described in Exhibit "A" attached hereto and made a part hereof ("Property"). Section 1.02 Length of Term and Effective Date. This Sub-Lease Agreement shall be effective upon the Effective Date as defined hereinafter. The term of this lease and Foundation’s use of the Property shall commence at 7:00 a.m. on March 9, 2003 and shall cease at 7:00 p.m. on March 17, 2003 ("Term of Lease"). The Term of Lease may be modified or extended with the mutual consent of the parties. -1- ARTICLE II RENT Section 2.01. Rent. Foundation shall pay City rent in the amount of one dollar ($1.00) ("Rent"), payable within ten (10) days of the Effective Date of this Sub-Lease Agreement. Section 2.02 Assessments and Personal Property Taxes. In the event this Sub-Lease or Foundation’s use of the Property renders the Property subject to ad valorem real property taxes or similar impositions imposed by any governmental entity, Foundation shall be responsible for and shall pay same before delinquency. ARTICLE III CONDITION OF LEASED PREMISES, ALTERATIONS Foundation certifies that it has inspected the Property and accepts same "As Is," in its existing condition together with any defects, latent or patent, if any, subject to all matters of record. Foundation further acknowledges that City has made no representations or warranties of any nature whatsoever regarding the Property, including, without limitation, the physical condition of the Property, any improvements or equipment located thereon, or the suitability thereof for Foundation’s intended use. No repair work or alterations of the Property is required to be done by City as a condition of this Lease. ARTICLE IV CONDUCT OF BUSINESS AND USE OF PREMISES Section 4.01 Use of Premises. Foundation shall use and occupy the Property only as a temporary parking site for motor vehicles in connection with its implementation of the Golf Tournament. Foundation’s use of the Property is expressly conditioned upon and subject to the following: 4.01.1 Foundation shall have the right to open and secure the site at the beginning and end of each day of the Golf Tournament and shall provide the personnel necessary to perform such functions at its sole cost and expense. 4.01.2 Foundation shall provide off duty-police officers during the term of the Sub- Lease for security and traffic safety. -2- 4.01.3 Foundation shall provide all personnel necessary to monitor perimeter gate stacking and parking areas. 4.01.4 Foundation shall establish parking stake lines within the Property and provide stakes and flagging tape necessary to prevent shoulder parking on the approach side road. 4.01.5 Foundation shall provide shuttle service from the Property to and from the event site. 4.01.6 At least ten days prior to the commencement of the Term of Lease, Foundation shall post a five hundred ($500.00) dollar cash deposit for trash clean up, which shall be refunded by City upon completion of clean up by Foundation staff to the reasonable satisfaction of City’s Parks and Recreation Department. Section 4.02 Waste or Nuisance. Foundation shall not commit or suffer to be committed any waste upon the Property, commit or permit the maintenance or commission of any nuisance or other act or thing which may result in damage or depreciation of value of the Property or which may affect City’s fee interest in the Property or which results in an unsightly condition. All refuse is to be removed from the Property and Foundation’s sole cost and expense and Foundation shall keep such refuse in proper fireproof containers on the interior of the Property until removed. Section 4.03 Governmental Regulations. Foundation shall, at Foundation’s sole cost and expense, comply with all ordinances, laws, statutes and regulations promulgated thereunder of all county, municipal, state, federal and other applicable governmental authorities now in force ow which may hereafter be in force, pertaining to Foundation and its use of the Property, or the Property generally. Foundation shall not use, maintain, store or dispose of any contaminants, including, but not limited to, hazardous or toxic substances, chemicals or other agents on the Property or any adjacent land in any manner not permitted by law. Foundation shall indemnify, defend and save City harmless from any and all penalties, fines, costs, expenses, suits, claims or damages resulting from Foundation’s failure to perform its obligations in this Section. This indemnification provision shall survive the termination or expiration of this Sub-Lease Agreement. Section 4.04 Surrender of Premises. Upon expiration or termination of this Sub-Lease, Foundation shall remove Foundation’s personal property, removable fixtures and equipment from the Property and surrender the Property to City in good condition and repair. -3- ARTICLE V REPAIRS AND MAINTENANCE OF PREMISES Section 5.01 Responsibility of Foundation and City. City shall not be obligated or required to make or conduct any maintenance or repairs whatsoever to the Property. During the term of the Sub-Lease, Foundation shall keep and maintain all portions of the Property in good condition and repair, at Foundation’s sole cost and expense. Section 5.02 City’s Right to Inspect. City or City’s agents shall have the right to enter the Property at any time for the purpose of inspection of the Property and any improvements located thereon. Any such entry on the Property shall be conducted by City in a manner calculated to minimize any interference with or disruption of Foundation’s operations within the Property. ARTICLE VI UTILITIES If necessary, Foundation shall be solely responsible for all costs and expenses relating to providing utility services to the Property and shall pay directly to the utility company or provider of such service all charges and assessments for any utility services provided including, but not limited to, water, sewer, gas, electricity, trash collection and removal of any other utility used or consumed on the Property. ARTICLE VII INSURANCE Section 7.01 Required coverages. During the terms of this Agreement, Foundation shall maintain Commercial General Liability and Property Damage policies of insurance in amounts of not less than one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) general aggregate with respect to its use of the Facility. The policy shall include coverage for premises/operations, products liability, broad form property damage, and contractual liability specifically insuring the indemnification portion of this Sub-Lease. Section 7.02 Certificates of Insurance. City shall be named as an "additional insured" on all policies relating to this Sub- Lease Agreement and shall be provided with a standard form of certificate of insurance within ten (10) days of the Effective Date of this Agreement. Such certificate shall provide -4- that City shall be notified at least thirty (30) days prior to any cancellation or change coverage. ARTICLE VIII INDEMNIFICATION Foundation shall indemnify and save City, its officers, agents and employees harmless from any. and all claims, liability, losses and causes of action of any nature whatsoever which may arise out of or be in any way related to Foundation’s use of the Property. Foundation shall pay all claims or losses of any nature whatsoever in connection therewith, including, but not limited to, attorneys fees and costs to defend all claims or suits, including appellate fees and costs, and shall pay all costs and judgments which may issue thereon. City reserves the right to select its own counsel in any such proceeding and all costs and fees associated therewith shall be the responsibility of Foundation under this indemnification agreement. Compliance with the foregoing shall not relieve Foundation of any liability or other obligation under this Sub-Lease. Further, nothing contained herein is intended nor shall be construed to waive City’s sovereign immunity rights or the limitations of liability set forth in Section 768.28, Florida Statutes. This indemnification provision shall survive the termination or expiration of this Sub-Lease Agreement. ARTICLE IX ASSIGNMENT AND SUBLETTING Foundation shall not assign, mortgage, pledge or encumber this Sub-Lease in whole or in part, nor sub-let or rent all or any portion of the Property nor grant any easements affecting the Property, without prior written consent of City, which may be granted or withheld in City’s absolute discretion. ARTICLE X TERMINATION Either party may terminate this Sub-Lease, for any or no reason, by giving the other party five (5) days’ written notice of its intent to terminate the Sub-Lease. Upon the giving of such notice, this Lease shall expire on the date specified as if that date had originally been fixed as the expiration date of the Term of Lease. ARTICLE Xl MISCELLANEOUS Section 11.01 Entire Agreement. This Lease, and any Exhibits attached hereto, constitute all agreements, conditions and understandings between Foundation and City concerning the Property. All representations, either oral or written, shall be deemed to be merged into this Lease. -5- Except as otherwise provided herein, no subsequent alteration, waiver, change or addition to this Lease shall be binding upon Foundation or City unless reduced to writing and signed by them. Section 11.02 Notices. Any consents, approvals and permissions by the parties shall be effective and valid only if in writing, and any notice by either party to the other shall be in writing and shall be deemed to be duly given only if mailed prepaid by certified mail return receipt requested to the following addresses: If to City:City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attention: City Manager If to Foundation:The Classic Foundation, Inc. 11805 Heron Bay Boulevard Coral Springs, Florida 33076 Either party hereto may change the address for service of notice required or permitted hereunder upon ten (10) days’ prior written notice. All notices given hereunder shall be effective and deemed to have been duly given only upon receipt by the party to which notice is being given, said receipt being deemed to have occurred upon such date as the postal authorities shall show the notice to have been delivered, refused, or undeliverable, as evidenced by the return receipt. Section 11.03 Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. Section 11.04 Severability. If any part of this Lease is contrary to, prohibited by or deemed invalid under any applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. -6- Section 11.05 Governing Law and Venue. This Lease and all transactions contemplated by this Lease shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida. Venue of all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida. Section 11.06 Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. Section 11.07 Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. Section 11.08 Construction. The parties acknowledge that each has shared equally in the drafting and preparation of this Lease and, accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other and every covenant, term and provision of this Lease shall be construed simply according to its fair meaning. Section 11.09 Recording. Foundation shall not record this Lease, or any memorandum or short form thereof, without written consent and joinder of City. Section 11.10 Waiver of Jury Trial. The parties hereto waive trial by jury in connection with proceedings or counterclaims brought by either party hereto against the other in connection with this Lease. Section 11.11 Waiver, Accord and Satisfaction. The waiver by City of any default of any term, condition or covenant herein contained shall not be a waiver of such term, condition or covenant, or any subsequent default of the same or any other term, condition or covenant herein contained. The consent or approval by City to or any act by Foundation requiring City consent or approval -7- shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequently similar act by Foundation. Section 11.12 Non-exclusivity of Remedies. No remedy herein conferred on any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 11.13 Attorney’s Fees. It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this Sub-Lease Agreement or interpret same, or if any administrative proceeding is brought for the same purposes, the non-prevailing party pay to the prevailing party reasonable attorney’s fees and costs, including appellate fees and costs. [Remainder of Page Intentionally Blank -- Signatures on Next Page] -8- IN WITNESS WHEREOF, the parties have caused this Lease Agreement to be executed on the day and year first above written. Executed by City this __day of ,2003. [SEAL] CITY: CITY OF PALM BEACH GARDENS, a Florida municipal corporation By: Mayor ATTEST: City Clerk Approved as to Form and Legal Sufficiency: City Attorney Executed by Foundation this __day of ,2003. [SEAL] ATTEST: THE CLASSIC FOUNDATION, INC., a Florida not-for-profit corporation By: Name: Title: Name: Title: -9- EXHIBIT "A" Tract Y of Mirasol Plat One, according to the Plat thereof recorded in Plat Book 89, Pages 14 though 23 of the Public Records of Palm Beach County, Florida. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 18, 2002 Meeting Date: January 16, 2003 Resolution Number 8, 2003 Subject/Agenda Item: Purchase of seven (7) Harley-Davidson Police Motorcycles [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: City Atto~ Submitted by: Department Director Approved by: City Manager Originating Dept.: Police Advertised: Date: Paper: [ ] Not Required Affected parties .j_.]_Notified [ ] Not required Costs: $107,386.30 (Total) $ 107,386.30 Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [] Approved []Approved w/ conditions [] Denied [ ] Continued to: Attachments: RFP -Nov 25, 2002 Returned bids- Dec 12, 2002 Fleetappraisals(3) [ ] None Date Prepared: December 18, 2002 Meeting Date: January 16, 2003 Resolution Number 8, 2003 BACKGROUND: In the past, the City of Palm Beach Gardens has purchased and/or replaced police motorcycles on a rotating basis. Normally, two motorcycles are replaced each year, giving the motorcycle a four-year tour of duty. Last year, we evaluated the cost associated with keeping the motorcycles after the first year, when the manufacturers warranty expires. A variety of issues were addressed including the cost of repairs and parts after warranty, loss of in-service time for the unit, cost of training and equipment for maintenance personnel. We learned that the cost of maintaining motorcycles that were more than two years old increased dramatically The Fleet Committee recommends that he City purchase the entire fleet every two- year to insure the maximum recovery of funds expended on the purchase of the motorcycles. History has shown that the City can expect to recover most, if not all, of the purchase price of the motorcycles at auction. The existing fleet of motorcycles will be sold at auction, with the proceeds returning to the fleet fund, thus providing for a large portion of the funds needed to purchase the new units. Estimated low-retail value of the current fleet is approximately $84,000.00. We anticipate recovering at least this amount at auction. After the first year, we anticipate that the fleet will pay for itself each time it is replaced. The optional equipment purchased has a life expectancy of approximately seven years and will be transferred from motorcycle to motorcycle each time a unit is replaced: Date Prepared: December 18, 2002 Meeting Date: January 16, 2003 Resolution Number 8, 2003 OTHER: On November 25, 2002 an invitation to bid was initiated by the Police Department to solicit bids for a fleet of seven 2003 Harley-Davidson model FLHP! Police Road King Motorcycles. Included in the Request for Proposal were specifications for optional equipment including all-black paint, Police Tour-Pak with Strobe lights and an engine guard strobe light kit. All proposals were to include labor, shipping and set-up costs. On December 12, 2002 at 3:00PM, the proposals were received and opened in Council Chambers. Three proposals were received including one from Harley- Davidson of Palm Beach who quoted the lowest proposal at $107,386.30 for a fleet of seven motorcycles with the required optional equipment. On Friday, December 13, 2002 the Fleet Committee reviewed the bids received and recommended that Harley-Davidson of Palm Beach be awarded the bid for the motorcycle purchase. STAFF RECOMMENDATION: Staff recommends the purchase of seven-Harley-Davidson Police Motorcycles from Harley-Davidson of Palm Beach with the equipment described above for the sum of $107,386.30 and to sell the existing fleet of motorcycles at auction. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 8, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AWARDING THE BID FOR THE PURCHASE OF SEVEN (7) HARLEY-DAVIDSON POLICE MOTORCYCLES TO HARLEY- DAVIDSON OF PALM BEACH, INC.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Police Department issued an Invitation to Bid for the purchase of seven (7) 2003 Harley-Davidson FLHPI Road King Police Motorcycles in accordance with the specifications set forth therein; and WHEREAS, the City received three (3) bids, with Harley-Davidson of Palm Beach, Inc. submitting the lowest bid in the amount of $107.386.30; and WHEREAS, members of the Police Department and the City’s Fleet Committee have reviewed the bids and have recommended awarding the bid to Harley-Davidson of Palm Beach Inc., in accordance with the Proposal Form submitted to the City; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby accepts the bid of Harley-Davidson of Palm Beach, Inc. for the purchase of seven (7) 2003 Harley Davidson FLHPI Road King Police Motorcycles in accordance of the technical specifications accompanying the Invitation to Bid and agrees to purchase the motorcycles for $107,386.30. The City Council hereby authorizes City Staff to take all actions necessary to effectuate said purchase. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. -1- SECTION 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of ,2003. ATTEST: PATRICIA SNIDER, CITY CLERK MAYOR JABL1N I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT CITY OF PALM BEACH GARDENS, FLORIDA 10500 N. MILITARY TRAIIJ: PALM BEACH GARDENS, FLORIDA 33410 INVITATION TO BID PROPOSAL NAME: Palm Beach Gardens Police Motorcycle Contract The City of Palm Beach Gardens i~ soliciting bids for the purchase of seven (7) Harley-Davidson Police Motorcycles - 2003 FLHPI Road King Sealed bids must be received on or before December 12, 2002 at 3:00 p.m., (Lo~al Time), at ~e office the City Clerk, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. Normal City business h~u.r~s are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. Any bid received after the specified time will not be considered. The Bidder is solely responsible for ensuring the bid is received on or before the deadline. On the envelope containing the bid sliall be written in large letters: Proposal For: Harley-Davidson Police Motorcycles - 2003 FLHPI To Be Opened: December 12, 2002 at 3:00 P.M. All bids will be opened in the City Council Chambers at 3:00 P.M., December 12, 2002. All bids not submitted on the required forms will be subject to rejection. Forms are available in the City Clerk’s office during normal City business hours. Bids must be signed in ink in the space(@ prgvided on the. Proposal Form(s). The bids shall include all information requested on the form(s). It is agreed by the Bidder that the signing and deliyery of the bid represents the Bidder’s acceptance of the terms and conditions ofth~ Specifications. The City of Palm Beach Gardens rese~rves the right to reject any or all bids, in whole or in part, with or without cause, to waive any ~nformalrt~es,and technicalities, and to award the Contract on such coverage and terms it deems will best serve the interest of the City. Criteria utilized by the City of Palm Beach Gardens for determining the most responsible proposer includes, but is not litnited tb, cost, whether the bidder meets the City of Palm Beach Gardens published Specifications, .the bidder’s experience, skill, ability, financial capacity, and any otl~,er. ’~-~,~tor which could reasonably ibe asserted as being relevant to successful performance .... ¢ Any questions regarding the RFP Specifications and process should be dir~ted:~o: Lt. Glenn T. Brown Palm Beach Gardens Police Department 10500 N. Military Trail Palm Beach Gardens, FI. 33410 (561)799-4535 SPECIFICATIONS All sections of the City’s Specifications and all supplementary docum..ents are essential parts of the City’s contract and requirements occurring in one area are deemed as though occurring in all. Police Motorcycle Unit Specifications are a~ listed in attached Specifications Section ’-- All proposals should include any labor costs, freight and dealer set-up charges and impact fee~. BOND AND INSURANCE REQUIREMENTS Bond and insurance requirements, if any, are detailed in the City’s Specifications. ¯ . .-pREPARATION OF PROPOSALS Proposer shall submit three (3) copies of proposal on the prescribed form provided in -the Specifications. All copies must be plainly marked by the Proposer who will be responsible for their correctness. All blank spaces must be filled in as noted in ink or type. The Proposer must initial proposals having erasures or corrections in ink. :, Only one Proposal form from any individual firm, corporation, organization or agency under:the same or different name shall be considered. Sl~ould it. Appear to the City that any Proposer i’~ interested in more than one proposal; all proposals in which stach Proposer has interest will be rejected. Any deviation from the Specifications must be explained in detail; otherwise, it will b6 considered that the proposal is in strict compliance with the Specifications and the successful Proposer will be held responsible for meeting the Specifications. Any ex~.e~fis or clarifications to any section of the Specifications shall be clearly indicated on a separate sheet~zf att-~c,hed to the Proposal Form~ah’d..sha~. ~.pecifically refer to the apphcable specification paragraph and-page. o , A Proposer is expected to fully inform him.se, lf as to the requirements of the SpEcificatio~/s and failure to do so will be at his own risk. A Proposer shall~ qOt expect to secure relief on the plea of error. QUALIFICATIONS OF PROPOSERS The City reserves the right to make such investigations as it may deem necessary to ~stablish the competency and financial ability of any Proposer to perform the work. , " RECEIPT AND OPENING O1~ PROPOSALS All Proposals must be submitted in a sealed envelope, addressed, and mailed or delivered as stated in the Invitation to Propose. Any Proposer may withdraw his proposal either personally, or by telegraphic or written communication at any time prior to opening of the proposal. All proposals must be in the possession of the City Clerk’s office at the time of the proposal opening. Proposals submitted after the time specified shall not be considered and shall be returned unopened. It is the ~ole responsibility of the Proposer to ensure that his or her proposal reaches the City Clerk on or before the closing da.t.e and time. Proposals submitted by telephone, telegram or facsimile shall not be acceptedl If the proposal is ~n~t overnight courier, (e.g.. Federal Express, LIPS, etc.), the proposal form must be enclosed in an envelo~ marked as instructed above. The. proposer shall submit his proposal on the form furnished along with all information in~licated on the form.: The Proposer shall enter the cdmpany name wherever the Proposal Form so indicates and shall sign the::Proposal Form wherever the Proposal Form so indicates. Unsigned proposal,s will be considered incomplete. Proposals shall be opened and publicly read at the time and place indicated in the Invitation to Bid. CONSIDERATION OF PROPOSALS AND AWARD CONTRACT The City anticipates awarding the Proposal to the successful Proposer at the January 16, 2003 " regular meeting of the City Council. - ~ ’ The City of Palm Beach Gardens reserves the right to reject any or all proposals, in whole or in part, with or without cause, to waive any info .r[n~alities and technicalities, and to award the Conlxact on such coverage and terms it deems will best serve the interest of the City. Criteria utilized by the City of. Palm Beach Gardens for determining the most responsible proposer includes, but is not limited to; costi:whether the proposer meets the City of Palm Beach Gardens published Specifications, the propos&’s experience, skill, ability, financial capacity, ar.d any other factor which could reasonably be asserted as being relevant to successful performance. CONFLICT OF INTEREST The award hereunder is subject to the,.~,:rows!o,,n, of State Statutes and City Ordinance. The Proposer, by affixing his signature to ~e Proposal Form, declares tl~t tl~ proposal is made without any previous understanding, agreement, .of connections with any City ofticial or ~ersons, firms, or corporations making a proposal on the sar~ items and without any outside control, collusion or fraud. By signing the Proposal, the Proposer further declares that no City Council Member, other City officer, or City employee directly or indirectly owns more than five (5) percent of the total assets or capital stock of the Proposer entity, nor will directly or indirectly ¯ benefit by more than five (5) percent from the profits emoluments of this contract. LEGAL REQUIREMENTS Federal, State, County and lecal laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Proposer will in no way be a cause for relief from responsibility. 1.Vendors doing business with the City are prohibited from. Discriminating against any employee, applicant for employmeot or client because of race, creed, color, ancestry, religion, national origin, sex, or age with regard tb, but not limited to the following: Employment practices, rates of pay or other compensation methods and training selection. 2.A person or affiliate who has been placed on the convicted vendor list following a conviction for a pubic entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or con~u[~tant under a contract with any public entity, and may not transact business with any public entity in exces~._.q.f the threshold amount provided in ~Section 287.017, for CATEGORY TWO for a period of "~6 months from the date of begin placed on the convicted vendor list. 3!. :The obligations of the City under this award are subject to the availability of funds la(tfully : appropriated for this purposei 4.This request for proposal shall be included and incorporated into the final award. WOMEN/MINORITY BUSINESS ENTERPRISE (W/MBE) POLICY It is the policy of the City to provide minorities and women equal opportunity for participating in all aspects of the City’s contracting and procurement programs, including but not limited[ to icmploymcnt, construction, development projects and lease agreements, consistent with the laws of the State of Florida. It is further the policy of the City to prohibit discrimination against any person or business in pursuit of these opportunities on the basis of r,~ce, color, national origin, creed, sex, age, handicap or veteran’s status. PROPOSER’S RESPONSIBILITY "". Each Proposer is required, before stlbmttt~ng his or her proposal, to carefully examine the P.i’oposal. Specifications. Each Proposer is required to completely familiarize themselves with all of the terms and conditions that are contained within this document. Ignorance on the part of the Proposer will in no way relieve him or her of any of the obligations ao.d-responsibilities, which are a part of this Proposal. CONTRACTUAL AGREEMENT ,~.. ,’ Th~s Invltahon to Propose shall be ~ncluded and ~ncorp0rated ~n the final~w ~a~t. The oirder of contractual precedence will be the purchase order, prol?bsal document and response. The successa*ul Bidder shall be required to enter into a contract with the ~iCy substantially in the form of the Standard Agreement attached hereto as Exhibit B. PUBLIC RECORDS LAW In conformance with the Florida Public Records law, all proposal documents or’other material ¯ submitted by the Proposer in response to this request, other than any financial statements submitted, shall upon proposal opening be available for public inspection by any person. CODE OF ETHICS If any Proposer violates the Cede o~’Ethics of the State of Florida with respect to this proposal, such Proposer may be disqualified from performing this work and future work for the City. ADDENDA . Addenda issued by the City prior to the proposal opening shall be binding as if written into-~_ e Specifications. Proposer shall acknowledg~ receipt of the same as indicated on the Proposal Form. If n~ Addenda are issued, then none shall be indicated. If Addenda are issued, Proposer shall indicate the addenda received by listing each by.its number (e.g., #1, #2, #2A, etc.) and attaching.a copy ~ofthe addenda to ti~6 proposal. ATTACHMENT TO PROPOSAL FORM \ The Proposer is required to submit each of the attached appendices to his/her completed proposallform: Appendix Description ~., "..’- A.Drag-Free Workplace Certification .. Technical Specifications 2003 Harley-Davidson FLHPI Road King Police Motorcycles Quantity ,,. Seven (7) Harley-Davidson FLHPI Road King Police Solo, Certified, Traffic Law Enforcement Motorcycles Scope of Specifications These specifications a~-e int,ended to describe the mechanical, safety and comfoit requirements for solo, certified, traffic law enforcement motorcycles which will be used by the Palm Beach Gardens Police Department to enforce traffic laws, cCmmercial vehicle compliance with equipment and safety regulations and to provide escort services for government officials, domestic and foreign diplomats. Compliance with Specifications All proposed FLHPI motorcycles must be in full compliance with the following, detailed specifications: Specifications ~’~ .= A.Engine - Shall have a pis..ton displacement of not less than 1450cc(88,,cubic inches); shall be air:cooled and have ~wo cylinders with overhead valves. Engine shall be designed to insure that any vibration frequencies and magnitudes shall be minimal. Engine and transmission shall be isolated from the frame through a rubber mounting system. : 1.Powertrain deluxe chrome group designed for low maintenahc~; black wrinkle paint fimsh on engine; chrome rocker boxes, t~mer cover, outer pnl~ary cover and transmission cover. ’ . . 2.Sequential Port Fuel Injec.~)~on System 3.Chain drive twin cams Clutch - Transmission 1.Clutch shall be of the latest multiple plate design 2.Transmission sha, l! be of the latest design, manual type, having not less than five (5) forward speeds. 3.Requires clutch disengagement for starter motor operation; lbw effort h.a ..n d levers. 4o Primary drive, double-row chain ’ 5. Greaseless shifter with "a~tivibration" rubber spacers. 6. Gear Ratio:1st - 10.824 2’% ., 7.449 3r’~ - 5.303 4th - "4.135 5t~- 3.374 Brakes ~ Disc Brakes shall be provided for both front and rear wheels. Front brake shall h~ve dual l 1.5-inch diameter drilled discs; rear brake shall be a single disc. Brakes shall be relatively free from heat fade, have four piston calipers and fiat expar~ding rotors. D. Suspension Motorcycles ~hal! be provided with a suspension system to permit optimum handling conditions as required in .traffic law enforcement. 1. Retuned rear air shocks 2. Front forks non-air Rear (air adjustable) 3.0 in ..(7.62 3. Rear suspension shall .t~.e.swing arms having bearir~g~that req.uire no lubrication for the life of the mot, orcycle,.. .- 3. Engineered for s~decar usage by the manufacturer. E. Wheels/Tires 1. Cast wheels required; rim material shall be impermeable to compressed air. 2.Tubeless type tires to have non-skid tread, designed to operate b.n paved highways and shall have a full, four-ply fabric reinforcement. Manuf~rer, Dunlop front and rear MTg0B 16 blackwall D402PT tires. Bead retention extended mobility tires designed to remain on the wheel during sudden loss of air pressure. 3.Sealed automotive style wheel bearings requiring no endplay adjustment and service interval of 100,000 miles. Fuels Tank ., Fuel tank to have a c~pacity of not less than five (5) U>S> Gallons. Must provide reserve fuel capacity when main supply is exhausted. ,, 1. Electric Fuel Pump. 2. Low fuel light indicating reserve fuel capacity when main si~pp!y is exhau..sted. G. Electrical System ", Electrical system shall.be nominal 12-volt complying with the follow.ing: N 1.Battery - sealed, hea~vy duty maintenance free center mount battery required, 12- volt minimum rated capacity - 28 ampere hours per Battery Courtcil International rating, 275 cold cranking amps. 2.Ignition - Nonrwaste spark, alpha control 3.Charging System - providing 45-amp high output alternator and solid state regulator. 4.Connectors - industrial grade throughout. An electrical accessory connection shall be provided "~- ’ 5.Hand Controls -water-resistant switches 6.Starting System - 12-volt starter with solenoid operated engagement and relay required 7.Horn - Hdrn that will emit a sound level adequate to be heard above mol~grcycle and traffic generated noise. ,. 8.Lighting - each moto~cyc, le shall be provided with the following lighting equipment: a, Quartz Halogen headliNa, t b.Pursuit lamps fro~ttj~,unted PAR-36 lamps - on~.l’ed and one blue c.Turns signals, seJ~;,f-can~,ling system ~I-:"-, d.Tail light e.Flashers - 4-way integr,a, ted, into turn signals Visual Displays The following visual displays shall be provided to inform the rider of the various conditions of the motorcycle and engine operations: 1. Speedometer - certified analog speedometer to indicate 0-121?0mph or e.q.,uivalent. 2. Odometer- calibrated, cumulative ’ 3. Tachometer - analog ’; 4. Fuel level gauge 5. Pursuit Lamp indicator .,.~ 6. Sight glass on brake, master cylinder 7. Low fuel indication lamp I.Feature Requirements 1.Seat - Latest deluxe solo air saddle, special police type, covered with breatl~able material, with a rear back support design and quick release mechanism; singl~ bladder with reservoir and gauge 2.Side Stand - Jiffy stand rubber bumper design 3.Foot Boards - Adjustable and provided with non-skid rubber pads on upper surfaces. 4.Engine G:uards - frbnt engine guard, rear saddle bag guards 5.Saddlebags - Factory installed, law enforcement type fiberglass saddleb.ags. Bags shall be water-resista~t and utilize police style speed latches. 6.Drive - Final belt drive, ~3ates Aramid fiber, reinforced Poly Kevlar belt. 7.Windshield - Shall be of the latest design, utilizing Lexan or clear polycarbonate. 8.Mirrors - Two (2) long stem true image mirrors shall be providedfor each motorcycle. : 9. Key - One key fits alt!~lCs :.: 10. Wheelbase - 63.5 in~es.,.,. ¯ [: 11. Warranty - 12 mont}~ with’unlimited mileage. J.Optional Equipment Each motorcycle shall be equipped with the following Harley-Davidson Optional" Equipment: ~ a. All Black Paint provided by the manufacturer b. Harley-Davidson Police Tour Pak with Strobe Kit #53239-01 c. Harley-Davidson Engine Guard Strobe Kit #69113-02 PROPOSAL FORM In completing the information qtiestions below, if addi.tional space is needed, attachments to this form are acceptable .... ( ) Individual (S) Corporation Name of Organization () Parmership () Other (Specify) (or Individual) Telephone Number ~-~[ ~’~ tfl ~ / Tax I.D. # Org~izedDate ~~ [~ [%q~ Proposer’s Representative )0~ [~- ~ ~S Proposed Total Fee to Provide Requested Se~ices $ ]0 9l "~ ~" ~0 (oo --.22 --o 9 "3 ?8-2:7 ~,’~s’T- P~ L,~~. F~ ~nc.d Prices set forth above are firm pr0pqsals and not subject to price adjustment except as defined in the General and Technical Sp~cifications2 Addenda Received: " (Corporate Seal) ATTEST: h Signature Title Date Title " Date , " reh ensi,ve. Em p.!oyee. Se rvices 33oo Umvers~ty Drive Suite 903 Coral Springs, Florida 33065 (954) 341-2,525 Phone (954) 341-~,131 Fax December 12. 2002 To Whom it May Concern: Total Compliance Network implemented a State of Florida Drag Free Workplace Prepare for the company listed below. TCN sl~o provided the below-indicated services. If you have say questions, pi~s¢ feel free to contact me at my office, (800) 881-4826. Dine TCN L-nplememexl prosram with the above contact perwn: August 199~ TCN prvvided the above-named company wflh a Complian~ Manual which includes: I, An Employee handbook containing comp&qy policy and all necessary /nformation (i.~., Information on where to seek help, medications that affec~ the outcome era drag u~a, et~.). 2.Initial 60-day Drag Free Workplace notification. 4. ~ ~o~ ~k ~ Vid~ Ta~. 5. A Su~r’s~k. 6. l~o~on W ~t ~ coa~icu~ I~ (si~, ~). 7. Ad~ f~ ~ ~~ (~~ no--on of~ ~ ~I~, ~,), TCN ha~ eho tel w~ a drag u:t~eco collection alto, AHCA or NIDA certified testing laboratory, on- staff Medical Review Officer, remlt~ mportiug (telephone mui hard copy) and billing. TCN has imm~-ted the above-named contac~ person on ~be follo~t~,ng procedures: 1.Disu, ib~tion of 60-day Drug Free Woflqdace notification. 2.Coaductin8 the Employte meelin8 includin8 ditm’bution of F~ployee handb~k, material and collection of signal p~erwork. 3.Drag te~a8 requirement, and procedUte~ for testin~ a.Job Applicea~d. Return-W-work. b.Post-ac~ideal e. ~ (ifap~ifabl~). c.ltegumable ,mpicioo f. Routine filae~-fo~-dmy. TCN will aim continue Io act a~ a con~dumt for any quettioat reg~dmg Otis program, but will not be held re~ponm’ble for any company’s negligence or inability to pert’am, i!~ State of Florida Drag Free Wod~pla~ requirements using TCN or TCN materi~h. Tota~ Compliance Network Representative: Nick MirowskT I ’ APPENDIX A "DRUG-FREE WORKPLACE FORM undersigned vend.or in accorda,qce with Florida Statute 287.0~87 hereby certifies that .~r~l,~, l~’~:a’~," ~ ~/---]’~ ~t~e~¢ (~/does not (circle appropriate response). ~.Name O~ t~uslness)", Publish a statement notifying employees that the unlawful manufacture, distribution, d]Spensinge. possession, or use of a controlled substance is prohibited in the workplace and specifyin~ the actions that will be taken against enlployees for violations of such prohibition. 2. Inform employees about the. ,danger of drug abuse in the workplace, the business’s p~icy of~ : - maintaining a drug-free workplace, any available drug counseling." ... -- 11.-L PROPOSAL FORM In completing the information questions below, if additional space is needed, attachments to this form are acceptable. ( ) Individual ( ) Partnership (~) Corporation ( ) Other (Specify) Name of Organization TREASURE GOAST HARLEY DAVIDSON Address 4967 SE FEDERAL HIGHWAY .City STUART Telephone Number (772) 287-3871, EXT Tax I.D. #530702642423 Business Address SAME City State.Zip Code 34997 Organized Date 12/13/1999 Proposer’s Representative MARK S. WERTMAN Title SALES MANAGER Proposed Total Fee to Provide Requested Services $ 110,000.00 State FL Prices set forth above are firm proposals and not subject to price adjustment except as defined in the General and Technical Specifications. Addenda Received: ( Corporhte Seal ATTEST:PROPOSER: MARK S. WERTMAN Signature SALES MANAGER Title Title DEC 6, 2002 Date Date Signature APPENDIX A "DRUG-FREE WORKPLACE FORM The undersig~aed vendor in ac.cgrdocq~e,.with Florida Statute 287.087 hereby certifies that Treasure Coast Harley-Dawdson ol Stuart, Inc.not (c’ircle appropriate response). (Name of Business)",. 1 . " Publish a statement notifying employees that the unlawful manufacture, dlstribution, d~i~pensing~ possession, or use of a controlled substance is prohibited in the workplace ~nd specifyin~ the ~ actions that will be taken against eniployees for violations of such prohibition. 2. Inform employees about the, danger of drug abuse in the workplace, the business’s pol~icy of " " -maintaining a drug-free work~place, any available drug counseling. t PROPOSAL FORM In completing the information questions below, if additional space is needed, attachments to this form are acceptable. ( ) Individual ( ) Partnership ( X ) Corporation ( ) Other (Specify). Name of Organization F7~. L 4, de..4.d’,’t-(e-- /gePt/~-7. (or Individual) Address City State TelephoneNumber 95"% 7q/~ 6z’~5-TaxI.D.#d,f’- ogy- 3-Y%,o Business Address z/~ ~ J’..f2 "7 City ’a/~’"7~t-r~°’~~ Staid /~"Zip Code 3 33 t "7 Organized Date Proposer’s Representative Title I Proposed Total Fee to Provide Requested Services $ /’:tee-t" d-.+4e.i ! Prices set forth above are fLrm proposals and not subject to price adjustment except as defmed in the General and Technical Specifications. Addenda Received: (C6rporate Seal) ATTEST: Signa 77r& Title Date ~ ~ CECILIA GLOFAK -~-~ ~ COMMiSSION NUMBER i "~" ~q: MY COMMISSION EXPIRES PROPOSER t Signature Title Date APPENDIX A DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Sta~7..087 hereby certifies that ,g-C-. ,,~,’~,~d,4[~- /¢,O/~r ~m,~a’3o,~(.~oesnot (circle appropriate response). (Name of Business) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing., possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against eniployees for violations of such prohibition. .2" Inform employees about the danger of drug abuse in the workplace, the business’s p~icy of - - maintaining a drug-free workplace, any available drug counseling. PALM BEACH GARDENS POLICE DEPARTMENT MEMORANDUM ., TO: Lt. Paul Leffler FROM: Lt. Glenn Brown DATE: September 24, 2002 SUBJECT: Appraisal from Treasure Coast Harley-Davidson Sir, I spoke to a sales representative (Mark) at Treasure Coast Harley-Davidson Stuart, Florida to get another appraisal on .,our current fleet. He gave me the following information regarding the NADA trade-in value of our current fleet: #373 2001 FLHPI $10,000 #380 2001 FLHPI 10,000 #378 2000 FLHPI 9,000 #377 1999 FLHPI 8,000 #379 1998 FLHPI 6,000 #372 1998 FLHPI 6,000 #375 1997 FLHPI 5,000 Total estimated trade-in value for our fleet: $54,000 This appraisal is $3,700 lower than Palm Beach Harley-Davidson. Mark states that the 1998 and 1997 models are worth significantly less now because they have the older engine design. They seemed more interested in leasing a fleet than selling us motorcycles. Paul Leffier From: Sent: To: Cc: Subject: James Lunn Tuesday, September 24, 2002 3:24 PM Glenn Brown; Paul Leffler Michael Morrow; Jack Doughney RE: Fleet appraisal from Treasure Coast H-D I checked the NADA for the "low retail price", using following results; Lo~J 2001 FLHRI $13,686 2000 FLHRI $12,765 1999 FLHR $12,091 1998 FLHR $10,393 1997 FLHR $10,345 for a total "low retail" value of $83,359.00. .....Original Message- .... From:Glenn Brown Sent:Tuesday, September 24, 2002 1:18 PM To:Paul Leffier Cc:.]ames Lunn; Michael Horrow; .]ack Doughney Subject:Fleet appraisal from Treasure Coast H-D << File: appraisal mc fleet TCHD 9-02.doc >> FLHRI and FLHR models (FLHP models are not listed) and got the 8/J4/02 Lt. Glenn Brown : City o1’ Palm Beach C~’dens Subjt.’eq Trade tigur~ ,n current motorcycle. Lt. Brown, I met w’i~ Aady a~d loe, General Manager and Service Manager respeetivoly, yesiecday to di~u~ the value on trad~ ofyo~ current fleet. Het~% what we’ve come up with in descending order b~ model year ~nd unit num_.ber; : #373 - 2001 $ I 0,000.00 #380 - 2001 .........$10,000.00 #.378 . 2000.$g,500.00 #.377. 1999 ..........$7,700.00 #379-1998 $6,500.00 #372- 1998.$7,500.00 #375- 1997 .......$7,500.00 l,t, Brown, our trade figures are. b’ ’¢sed on my having visually haspeet~ the bikes m -eking note ofmil~tSe, condltiota of tk-es, any possible eng.,dne-related oil l~-,d4.s, condition of ta~, fenders, bags etc. Please contact .me at 659-413/should you have any questions~ St~-ph~-~a R. Ann~TOT~ Poli~ l"lect Sales $57,700.00 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 23, 2002 Meeting Date: January 16, 2003 Resolution 13, 2003 Subject/Agenda Item Resolution 13, 2003: Appointment/Reappointment of P&Z Commission Members Consideration of Approval" A City-initiated request to reappoint six current members and. appoint two new members to the Planning and Zoning Commission of the City of Palm Beach Gardens for two-year terms. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: ~. Principal Planner: ~ Talal Benothman, AICP City Attorne~ Leonard Rubin, Esq. Development Compliance: N/A Bahareh Keshavarz- Wolfs, AICP "~ ~’~ Submitted by: . Growth Mana~nt Ad mi nist rator:~,~,,~ Charles K. Wu, AICP Approved b~y: /~’ / City /,/_ //, -~ Manager~,)j/ Ronald M. Ferfs Originating Dept.: Growth Management Project Manager: Talal Benothman, Principal--~Planner Advertised: Date: Paper: [ ] Not Required Affected parties: [ ] Notified [ ] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [X] Other NA Budget Acct.#: NA P&Z Commission Action: NA [] Approved [] App. w/conditions [] Denied [] Rec. approval [] Rec. app. w/conds. [] Rec. Denial [] Continued to:__ Attachments: Resolution 13, 2003 Resumes/Applications: Mr. Michael Panczak Mr. Randolph Hansen Date Prepared: December 23, 2002 Meeting Date: January 16, 2003 Resolution 13, 2003 BACKGROUND The two-year terms of all current serving members of the Planning and Zoning Commission expire on January 18, 2003. Accordingly, City staff requests the reappointment of six current members and one new member to the Planning and Zoning Commission as regular members. Staff also requests the appointment of one new member and the reappointment of a current serving member as alternate members to the Commission, The two new applicants meet the requirements of Section 2-83 and Section 2-157(b) the City’s Code of Ordinances. The following are the names of the two new applicants: Recommended as a regular member - Mr. Randolph Hansen, architect, and resident of the PGA National PCD; Recommended as a second alternate member- Mr. Michael T. Panczak, real estate broker-associate, and resident of the PGA National PCD; WAIVER Staff recommends approval of a waiver to allow Mr. John Glidden to be reappointed for another two-year term. Section 2-84(b) of the City Code of Ordinances prohibits members from serving for more than six consecutive years on the Commission, but allows the City Council to grant a waiver to this requirement, should the City Council determine that granting the waiver is in the best interest of the City. Mr. Glidden was appointed to the Planning and Zoning Commission on September 1, 1994. Should the City Council approve Resolution 13, 2003, the Planning and Zoning Commission will have no vacancies remaining and all nine positions, seven regular and two alternate members, will have been filled. STAFF RECOMMENDATION Staff recommends approval of Resolution 13, 2003. 2 City of Palm Beach Gardens APPLICATION FOR POSITIONS ON ADVISORY BOARD (S) Please print in Black Ink Board(s) Applied for: Name:(Print) ~/~J[S~k_~ Telephone: Day "~Z[.~ ~I-Z[-~--Evening 6~-.~ Iz~~-- Home Address: q [~[,.)[k,J~/~ ~/ 1::~/ ~::[,/ How long have you been a resident of Palm Beach Gardens? 2.’31 " "~S Palm Beach County? Current Employer: I[x~~’~’[.~ I~__,~ Position: F:’~~-V Please attach a resume to your application or use space below to summarize qualifications and experience acquired that would be helpful to the Board(s) for which you are applying. Special Qualifications for specific board(s) (include past board experience) Educational Background Community Activities (Include offices held and committee service) Sign~ Date I" }O. O~ Applications are valid for two (2) years from the date they are signed. Return to City Clerk’s Office, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. INTER’PLAN INC. ARCHITECTURE PLANNING INTERIOR DESIGN COMPUTER MODELING AND DESIGN RESEARCH CONTRACT ADMINISTRATION ACCESSIBILITY CONSULTANT AAC 390 399 North Cypress Drive Tequesla, Florida 33469 Phone: 561 744 0445 Fax: 561 744 7219 Email: architect@ interplanarchitects.com RESUME OF Randolph Clifford Hansen, AIA, NCARB, ASSE 399 North Cypress Drive Tequesta, Florida 33469 Telephone: 561 744 0445 Birthdate: December 27, 1946 Degree:University of Minnesota - School of Architecture Six Year Professional Degree Program Bachelor of Architecture o 1971 Additional Education: Annual Continuing Education Seminars and Programs in Architectural Design, Construction, Safety and Management. Professional Status: Registered Architect-Florida -6984 Minnesota -11283 Ohio -61 71 New York -14127 Georgia -6441 South Carolina -3511 "l-exas -11909 Arizona -23821 Montana -1895 NCARB Certificate - National Council of Architectural Registration Boards- 16884 Certified General Contractor - State of Florida - 10806 Contractor since 1976 Certified Structural Masonry Inspector Professional Organizations: Member- American Institute of Architects Director - Florida Association/American Institute of Architects Past President - Palm Beach Chapter/American Institute of Architects Recipient- AIA/Palm Beach - Gold Medal - Highest award an individual can receive from the American Institute of Architects Recipient- AIA/Palm Beach John Stetson Award for Outstanding Contribution to the Profession of Architecture Chairman - Palm Beach Chapter/AIA Energy Conservation in Architecture Seminars Member- Southern Building Code Congress International Member-American Society of Safety Engineers Past VP/President Elect- Gold Coast Chapter/American Society of Safety Engineers Member- Human Factors and Ergonomics Society Additional: South Florida Water Management District - Model Landscape Code Advisory Board McGraw-Hill "HousingII Advisory Panel Conducted various continuing education programs and seminars for the local and state AIA organizations and served as a guest speaker for various AIA and ASSE functions. Traveled and studied design and construction techniques throughout the world including Europe, South America, the Middle East, Canada, Bermuda, Mexico and Caribbean as well as throughout the United States. Work Experience Related to Profession: May 1976 - Present President Inter/Plan Inc Architecture:Planning:lnteriors:Accessibilty 399 North Cypress Drive Tequesta, Florida 33469 Responsible for the design of more than 450 projects consisting of a variety of project types including hospitals, specialized medical facilities, clubhouses, office buildings, retail shopping centers and retail stores, religious facilities, animal hospitals, industrial facilities, recreational facilities, parking structures, educational facilities, hotels, multi-family residential and single family residences. Provided site planning and master planning for large and small scale projects. Provided interior design for a number of the various projects described above. Provided construction management and/or contract administration for numerous projects. Made numerous presentations to various regulatory agencies involved in the above projects. As part of design and construction process evaluated human factors and safety procedures and the use of materials and or design techniques to enhance the overall human interface and safety of the projects designed and constructed. Consulted with owners of buildings and building sites as to accessibility, safety and security issues. Total value of work designed and/or constructed is over one billion dollars. May 2000 - Present Vice President/Owner GR Concepts Inc 5840 Old Mystic Court Jupiter, Florida 33458 Responsible for overall management and marketing for construction company involved in the construction of commercial and residential projects. October 1991 - Present Associate Gary Robinson, Inc. 399 North Cypress Drive Tequesta, Florida 33469 Responsible for the evaluation and reporting of architectural, site planning, interior design and construction issues. Studies and evaluates related human factors and safety issues involving existing buildings and building sites and construction related safety practices. Constructs displays, exhibits, models and provides accident reconstruction services. May 1985 - July 1993 Vice President/Owner Inter/Cad Consultants, Inc. 399 North Cypress Drive Tequesta, Florida 33469 Responsible for management, marketing and software development for computer-aided- design business. Provides custom applications software development for firms using computer-aided-design. July 1977-July 1983 Vice President/Owner Construction Management Systems, Inc. 860 North US Highway One North Palm Beach, Florida Responsible for overall management and marketing for construction company involved in the construction of numerous commercial and residential projects. July 1973 - May 1976 Senior Designer/Project Architect Ellerbe Architects One Appletree Square Bloomington, Minnesota Designed over 350 million dollars worth of construction in projects consisting of major hospitals, including the National Naval Medical Center, a 20 story Holiday Inn, URBA, a French prototype high speed transportation system, AMTRAK station, and a competition for new athletic facilities for Harvard University. May | 972 - July 1973 Senior Designer/Project Architect The Cerny Associates Architects 1350 Soo Line Building Minneapolis, Minnesota Designed over 20 million dollars worth of construction including a distribution center for General Electric, a municipal civic center, bank and office building and a people mover system study. ~ March 1969 ~ May 1972 Designer/Draftsman Zejdlik/Harmala/Hysell/DeLapp Architects 430 Oak Grove Minneapolis, Minnesota Designed over 35 million dollars worth of construction including several elderly housing projects, medical clinics, pre-school learning centers and the first Model Cities housing project in the United States. City of Palm Beach Gardens APPLICATION FOR POSITIONS ON ADVISORY BOARD (S) Please print in Black Ink Board(s) Applied for: P/,q,-¢~/,’.~/~ f, ~ o~,~,’-~J (~o.~-, Name: (PrinO ~’~ ~Z ~ ~~ ~ Telephone: Day ~ I - 3 q ~ - 9 1 ~ ~ ~C)Evening Home Address: /~g ~om~.~ ~&.~ How long have you been a resident of Palm Beach Gardens? Current Employer: ? y,’~q. Palm Beach County? tCS)~ota~r-,’t_a" ~.~-~Position: d~ofc~:ct--- Please attach a resume to your application or use space below to summarize qualifications and experience acquired.that would be helpful to the Board(s) for which you are applying. Special Qualifications for specific board(s) (include past board experience) J ¢ t4 M ZU~.¢’~::~,’~,’£’.~¢ E Educational Background Community Activities (Include offices held and committee service) ~’ Signature -~~ Date Applications are valid for two (2) years from the date they are signed. Return to City Clerk’s Office, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. Michael Thomas Panczak 148 Thornton Drive Pall Beach Gardens, FL 33418 (561) 624-3406 Home (561) 379-7164 Mobile MTPANCZAK@AOL.COM OBJECTIVE To gain a position as an advisory member of The City of Palm Beach Gardens Planning and Zoning Commission. Furthermore, to be instrumental in the thoughtful Planning and Development future of our great city. SUMMA R Y -Native Pall Beach County Resident -Resident of Pall Beach Gardens since 1993 -14 Years Experience in Real Estate Industry -Pro Development with conscience for maintaining "Green Areas" EXPERIENCE Illustrated Properties Real Estate Inc. 10953 N. Military Trail Palm Beach Gardens, FL 33410 BROKER-ASSOCIATE, 2000 to Present Active Top Producing Agent with Northern Pall Beach County’s top real estate brokerage firm. Year’s 2000, 2001 and 2002 Gold Level Top Producer, ranking in top 5% percent Nationwide. North Palm Beach Country Club 951 US 1 North Palm Beach, FL 33408 PART-TIME, WEEKEND GOLF STARTER, 1993 to Present Coordinate tee-times and maintain pace of play at areas busiest municipal golf course. Oxford International Realty 2875 S. Ocean Blvd. Palm Beach, FL 33480 BROKER/PRESIDENT, 1990-1997 Broker/President of Residential Real Estate firm in Pall Beach. Managed and Directed Six to 10 Employees. Active member of Pall Beach Board of Realtors. Merili Lynch Realty 400 Royal Palm Way Palm Beach, FL 33480 REALTOR/ASSOCIATE, 1988-1990 Worked as an active Realtor in The Town of Palm Beach. Was an active member of Palm Beach Board of Realtors. Member of Chairman’s Circle. Audio Plus Enterprises 310 Columbia Dr. Lake Worth, FL 33460 OWNER/PRESIDENT, 1984-1988 Owned and ran small Chapter S corporation which installed Disco/Nightclub Sound, Lighting and Video systems. Managed and Directed Four to Six employees. ED UCA TION Lake Worth Community High School Lake Worth, FL High School Diploma, 1979-1983 General High School Studies, Member High School Football Team, Member High School Baseball Team, Member Exchange Club. Gold Coast School of Real Estate West Palm Beach, FL Florida Real Estate Salesperson’s License, 1988 Florida Real Estate Principals and Practices. Florida Chapter 475 Law. Gold Coast School of Real Estate West Palm Beach, FL Florida Real Estate Brokers License, 1989 Florida Real Estate Principals and Practices. Florida Chapter 475 Law. Florida Atlantic University Boca Raton, FL B.A. in Political Science 1997 Undergraduate studies with Major in Political Science. . Florida Atlantic University Boca Raton FL Graduate Level Studies, 1998 to Present (Masters in Public Administration) Curriculum 75% complete. Date Prepared: January 13, 2003 RESOLUTION 13, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE REAPPOINTMENT OF SIX (6) REGULAR MEMBERS AND THE APPOINTMENT OF ONE (1) NEW REGULAR MEMBER AND TWO (2) ALTERNATE MEMBERS TO THE PLANNING AND ZONING COMMISSION OF THE CITY OF PALM BEACH GARDENS; PROVIDING FOR A WAIVER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2-157 of the City of Palm Beach Gardens Code of Ordinances allows the City Council to appoint regular and alternate members to the Planning and Zoning Commission; and WHEREAS, the current two-year term will expire for all currently serving members of the Planning and Zoning Commission on January 18, 2003; and WHEREAS, the Growth Management Department has recommended approval of the proposed regular and alternate members to the Planning and Zoning Commission; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Pursuant to Section 2-157 of the City of Palm Beach Gardens Code of Ordinances, the following applicants are hereby reappointed/appointed as regular members to the Planning and Zoning Commission for two-year terms expiring on January 18, 2005: 2. 3. 4. 5. 6. Mr.Craig Kunkle, Jr.; Mr.Barry Present; Mr.C. Douglas Pennell; Mr.Dennis Soloman; Mr.Joel Channing; and Mr.Randolph Hansen. SECTION 2. Pursuant to Section 2-157 of the City of Palm Beach Gardens Code of Ordinances, the following applicants are hereby reappointed/appointed as first and second alternate members to the Planning and Zoning Commission for a two-year term expiring on January 18, 2005: Date Prepared: January 13, 2003 Resolution 13, 2003 First alternate member - Mr. Richard M. Ansay; and Second alternate member - Mr. Michael T. Panczak. SECTION 3. Pursuant to Section 2-84 (b) of the City of Palm Beach Gardens Code Ordinances, the City Council hereby grants a waiver to the maximum six-year time limit requirement to reappoint the following applicant as a regular member to the Planning and Zoning Commission for a term of two years expiring on January 18, 2005: 1.Mr. John Glidden. SECTION 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6. This Resolution shall be effective upon adoption. PASSED, ADOPTED, AND APPROVED THIS t/~ ~-~ DAY OF,Jc~o¢Clntf2003. MAYOR JABLIN ATTEST BY: CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY Date Prepared: January 13, 2003 Resolution 13, 2003 VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER DELGADO COUNCILMEMBER RUSSO AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 23, 2002 Meeting Date: January 16, 2003 Resolution: 14, 2003 Subject/Agenda Item: Resolution 14, 2003, opposing the construction of the E1 Paso Seafarer Natural Gas Transmission Pipeline. II II Recommendation to APPROVE Recommendation to DENY Reviewed by: City Attorne~ Submitted by:. Patricia Snider Department Director Approv . Originating Dept.: Advertised: Costs: $.__ (Total) Funding Source: Date: Paper: [ ] Not Required [ ] Operating [ ] Other Affected parties [ ] Not required Budget Acct.#: Council Action: [ ] Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Map under Exhibit A [ ] None Date Prepared: December 23, 2002 Meeting Date: January 16, 2003 Resolution: 14,2003 BACKGROUND: This Resolution was prepared in draft form and discussed at the December 19, 2002 Council Meeting. Four of the Five members of Council decided to bring it back in Resolution form for a vote. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 14, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, OPPOSING THE CONSTRUCTION OF THE EL PASO SEAFARER NATURAL GAS TRANSMISSION PIPELINE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, El Paso Energy is currently seeking approvals to construct the Seafarer Pipeline, a twenty-six (26") diameter high-pressure natural gas transmission line from Grand Bahama Island through Palm Beach County, Florida to Martin County, Florida, as depicted in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Seafarer Pipeline could adversely impact the offshore reef system through the trenching of coral reefs; and WHEREAS, the proposed use of horizontal directional drilling could further expose the marine environment and rare Johnson’s sea grass beds in the Lake Worth Lagoon to the risk of "frac-out," i.e., uncontrolled spilling of drilling fluids; and WHEREAS, the Seafarer Pipeline, as currently proposed, could adversely impact public lands and parks and place residential communities, communications infrastructure, airports, hospitals and schools in the Town of Palm Beach Shores, the Town of Palm Beach, the City of Riviera Beach, the Town of Mangonia Park, the City of Palm Beach Gardens, the City of West Palm Beach and portions of unincorporated Palm Beach County at risk in the event of rupture and/or explosion; and WHEREAS, the City is not aware of any contracts between El Paso Energy and end users for the purchase of natural gas transmitted through the proposed Seafarer Pipeline; and WHEREAS, in light of the foregoing, the City Council determines that opposition to the Seafarer Pipeline is in the best interests of the residents and citizens of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. -1- SECTION 2: The City Council hereby expresses its formal opposition to the Seafarer Pipeline, as currently proposed by El Paso Energy, and directs City Staff to take all actions necessary to communicate such opposition to the appropriate permitting agencies. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED, THIS __DAY OF ,2003. ATTEST: MAYOR JABLIN PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD G. RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT -2- Date Prepared: December 30, 2002 Meeting Date: January 16, 2003 Resolution: 14, 2003 EXHIBIT A CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: January 16, 2003 Date Prepared: January 2, 2003 Resolution 17, 2003 Subject/Agenda Item: Resolution 17, 2003:MISC-02-36 NorthCorp Lots 4 & 5 Amendment to Resolution 43, 2002 Consideration of approval: A request by Urban Design Studio, to allow for a modification to the specified condition of approval regarding the installation of the site plan perimeter landscape buffer for the previously approved two identical 45,144 square-foot office buildings within the South Park Center of the NorthCorp Corporate Park. The 6-acre site is located at the southern end of the NorthCorp Planned Community District, between Riverside Drive and East Park Drive. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Principal Planner Talal Benothrnan, AICP City Attorney_~ Len Rubin Develc~mentAZompliance Bal~ar~]a K. Wolfs, AICP Submitted by: Growt~ 1~I an~eriae.nt Direct r~.~l~ ~._, ~ Charles K. Wu, AICP City ManagerRonald M. Originating Dept.: Growth Management: Project ~Manager Kara Irwin Senior Planner Advertised: Date: Paper: [X~.~ot Required Affected parties: [ ] Notified IX] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: LDRC Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval [ ] Rec. app. w/conds. [ ] Rec. Denial [ ] Continued to: Attachments: ¯ Resolution 17, 2003 ¯ Resolution 43, 2002 Justification [ ] None Meeting Date: January 16, 2003 Date Prepared: January 2, 2003 Resolution 17, 2003 Page 2 of 2 BACKGROUND Lots 4 and 5 are part of the NorthCorp PCD (Ordinance 1, 1990), which united all lands comprising the former RCA Building site into one development order. The ordinance provided for an approval mechanism for future petitions within the PCD, assigned site-specific restrictions to certain lots, established maximum trip generations for the development, and established time-certain conditions of approval for certain road and drainage improvements. On March 21, 2002, the City Council approved the construction of two identical 45,144 square-foot office buildings, with two (2) waivers and four (4) conditions of approval on lots 4 & 5 within NorthCorp PCD (Resolution 43, 2002). Currently, the applicant is proposing to modify condition # 3 of Resolution 43, 2002. The approved condition requires that all perimeter buffer landscaping be installed within six (6) months of the development order approval. At the time of approval, City Council had directed staff to require all proposed developments to install buffers adjacent to rights-of-way within six (6) months of approval. The City Council has subsequently modified its directive to require the buffer installation to be within six (6) months of the issuance of the first clearing permit. The subject development (Resolution 43, 2002) was the only one required to install the buffers within the six-month period from approval. STAFF ANALYSIS Condition #3 of Resolution 43, 2002, required that the applicant install all landscape buffers by September 21, 2002. The applicant did not have all of the required permits from other governmental agencies in order to complete the required submittals for the issuance of a building permit from the City of Palm Beach Gardens within the allotted time frame. Cun’ently the applicant is requesting that the condition of approval be amended to be within six (6) months of issuance of the clearing permit, which is in accordance with the current City Council directive and consistent with the approvals of the Gables PCD, the Old Palm PCD, the Evergrene PCD, and the Magnolia Bay PUD. STAFF RECOMMENDATION Staff recommends approval of Resolution 17, 2003. Date Prepared: January 2, 2003 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 17, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO CONDITION 3 OF RESOLUTION 43, 2002, RELATING TO THE TIMING OF INSTALLATION OF PERIMETER BUFFER LANDSCAPING FOR "LOTS 4 & 5" OF THE NORTHCORP PLANNED COMMUNITY DISTRICT (PCD), LOCATED BETWEEN RIVERSIDE DRIVE AND EAST PARK DRIVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (MISC-02-36) from Urban Design Studio, requesting an amendment to the previously approved Resolution 43, 2002, to modify the timing of installation for required landscape perimeter buffers, for the "NorthCorp Lot 4 and Lot 5", located at the southern end of the NorthCorp Planned Community District, between Riverside Drive and East Park Drive, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, on March 21, 2002, the City Council approved Resolution 43, 2002, to allow for the construction of two identical 45,144 square-foot office buildings within the South Park Center of the NorthCorp PCD; and WHEREAS, Resolution 43, 2002 required the installation of all landscape perimeter buffers within six (6) months of approval; and WHEREAS, the City Council, as a policy, now requires the installation of landscape buffers adjacent to rights-of-way within six (6) months of issuance of the first clearing permit; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Date Prepared: January 2, 2003 Resolution 17, 2003 Page 2 SECTION 2: Condition 3 of Resolution 43, 2002, shall be amended to read as follows: (3)Within six (6) months of issuance of the first clearing permit *~’~ ......... 1 the entire landscape perimeter lar, d,~cape buffers must be completed or no further permits or inspections ¯ :,’ill shall be issued for the project site_, tmtil-e~t~e~. (City Forester) SECTION 3: Said approval shall be consistent with all representations made by the applicant or applicant’s agents at any workshop or public heating. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. All provisions of Resolution 43, 2002, not expressly modified herein shall remain in full force and effect. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon adoption. [This space intentionally left blank.] Date Prepared: January 2, 2003 Resolution 17, 2003 Page 3 PASSED, ADOPTED AND APPROVED this day of ,2003. ATTEST: MAYOR JABLIN PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT Date Prepared: January 2, 2003 Resolution 17, 2003 Page 4 EXHIBIT A Lots 4 and 5, of SOUTH PARK CENTER, according to the Plat thereof, recorded in Plat Book 67, Page 87, of the Public Records of Palm Beach County, Florida; said lands situate, lying and being in Palm Beach County, Florida. Meeting Date: March 21, 2002 Date Prepared: March 7, 2002 RESOLUTION 43, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF TWO PROFESSIONAL OFFICE BUILDINGS TOTALING 90,288 SQUARE FEET ON LOTS 4 & 5 OF THE NORTHCORP PLANNED COMMUNITY DISTRICT (PCD), LOCATED AT THE SOUTHERN END THE NORTHCORP PLANNED COMMUNITY DISTRICT, BETWEEN RIVERSIDE DRIVE AND EAST PARK DRIVE; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS;PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance 1, 1990 approved the NorthCorp PCD; and WHEREAS, Ordinance 1, 1990 provided that subsequent approvals for parcels within the PCD were to be processed as major site plan approvals without public notice and advertising and were to be approved by resolution; and WHEREAS, the City of Palm Beach Gardens received a site plan application from Northcorp Center, Inc. for the construction of two identical 45,144 square-foot Professional Office buildings and related improvements on lots 4 & 5 within the South Park Center Plat of the NorthCorp Planned Community District, as more particularly described in Exhibit "A" attached I~ereto; and .. WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and that it is consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, on September 25, 2001, the Planning and Zoning Commission recommended approval of the site plan application known as "NorthCorp Lots 4 & 5," subject to conditions stated herein. Resolution 43, 2002 Meeting Date: March 21, 2002 Date Prepared: March 7, 2002 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The foregoing "Whereas" clauses are hereby ratified as true and confirmed and are incorporated herein. Section 2. The City Council of the City of Palm Beach Gardens, Florida hereby approves the site plan for Lot 4 and Lot 5 within the South Park Center Plat, as more particularly described in Exhibit "A" attached hereto, to provide for the construction of two 45,155 square foot professional office buildings. Section 3. All provisions and conditions of Ordinance 1, 1990 shall remain in full force and effect. Section 4. This approval is subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1.The applicant shall provide the same architectural treatments depicted on the east elevation on the west elevations of the buildings. (Planning Zoning) 2.At the time of construction plan review, the phasing plans must me.et with the approval of the City Engineer. If not, all site infrastructures shall be required to be completed prior to the issuance of the first Certific.ate of Occupancy. (City Engineer) 3.Within six (6) months of this approval, the entire perimeter landscape buffers must be completed or no further permits or inspections will be issued for the project site, until complete. (City Forester) 4.In the event that the applicant requests a Certificate of Occupancy for phase I prior to receiving a building permit for phase II, the building area of phase II shall be irrigated and sodded prior to the issuance ~of the Certificate of Occupancy, unless otherwise approved by the Growth Management Director. (City Forester) Section 5. The following waivers are hereby granted with this approval: 1.Section 78-345 (d)(3) - Increase in Parking Spaces, to allow an ad~litional 17.2% (47 spaces) over the minimum required parking spaces. The Land Development Regulations allow a maximum 10% over the minimum required parking spaces. 2.Section 78-344 (I) - Parking Stall and Bay Dimensions, to allow 9’ X 18.5’ parking stalls. The Land Development Regulations require a minimum 10’- X 18.5’ parking stall. Section 6. The proposed development shall be in compliance with the following plans on file with the City’s Growth Management Department: Resolution 43, 2002 Meeting Date: March 21, 2002 Date Prepared: March 7, 2002 1.January 30, 2002 Site Plan, Urban Design Studio (1 sheet total) 2.January 30, 2002 Landscape Plan, Urban Design Studio, (2 sheets total) 3.November 29, 1999 Site Lighting Plan, Urban Design Studio, (1 sheet total) 4.October 21, 1999 Boundary and Topographic Survey, Keshavarz & Associates, (1 sheet total) 5.Drainage plan 6.November 29, 1999 Front Elevation/Floor Plan, D. William Beebe, (1 sheet total) 7.November 29, 1999 East/North/South Elevations, D. William Beebe, (1 sheet total) 8.November 5, 1999 Roof Plan, D. William Beebe, (1 sheet total) SECTION 7. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 8. All Resolutions, or parts of Resolutions, in conflict he.rewith are hereby repealed to the extent of such conflict. .SECTION 9. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS ~ I OF ~ (~o~, 2002. APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY Resolution 43, 2002 Meeting Date: March 21,2002 Date Prepared: March 7, 2002 VOTE:AYE MAYOR .~l",&~’ I.. ~~ VICE MAYOR ..9~’~"~.~ COUNCILMEMBER ~.~..~.~.~ COUNCILMEMBER l~’e ~.~,~ COUNCILMEMBER ~)~.~,,~,,a ~ NAY ABSENT Resolution 43, 2002 Meeting Date: March 21,2002 Date Prepared: March 7, 2002 EXHIBIT "A" " Lots 4 and 5, of SOUTH PARK CENTER, according to the Plat thereof, recorded in Plat Book 67, Page 87, of the Public Records of Palm Beach County, Florida; said lands situate, lying and being in Palm Beach County, Florida. 5 Propert/es, Inc. December 10, 2002 Mr. Charles Wu Director of Growth Management City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Re: Development Order - Lots 4&5 NorthCorp PCD Charles, This is to request approval, of a minor change to Resolution 43, 2002, Conditions of Approval, Section 4, number 3, which reads: "Within six (6) months of this approval, the entire perimeter landscape buffers must bc completed, or no further permits or inspections will be issued for the project site, until complete." We are hereby requesting that this condition be amended to read as follows: "Within six (6) months of issuance of the first building permit, the entire perimeter landscape buffers must be completed, or no further permits or inspections will be issued for the project site, until complete." I have enclosed our check for $1,500.00 which represents the required Application Fee. Thanks very much for your kind assistance in this matter. If you require additional information, please advise. Vice President 3950 RCA Boulevard, Suite 5000~ Palm Beach Gardens, FL 33410 (561)627-7551 Fax (561) 625-9230 Any information given herewith is obtained from sources we consider reliable. However, we are not responsible for misstatements of fact, errors, omissions, prior to sale, withdrawal from market, or change in price without notice. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 3, 2003 Meeting Date: January 16, 2003 Resolution: 22, 2003 Su bject/Agenda Item: Resolution 22, 2003 - Authorizing a referendum election to be held on March 11,2003 for approval of a proposed bond issue to enhance and improve park and recreation facilities and protect open space for a new park. (City Project No. 2002-022) [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: City Attorne~ t ~y Submitted by: Jack Doughney, Co m m u n it~ Servi.~;~s-~ D e P ~t~ e nTl~) i r~m~r Originating Dept.: Charlotte Presensky Advertised: Date: Paper: [ X ] Not Required Affected parties ...[.X-I-NOtified [ ] Not required Costs: $0.00 (Total) $0.00 Current FY Funding Source: [ X ] Operating [ ] Other Budget Acct.#: N/A Council Action: [ ] Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attach ments: ¯ Resolution 22, 2003 [ ] None Date Prepared: January 3, 2003 Meeting Date: January 16, 2003 Resolution: 22, 2003 BACKGROUND: On September 4 2002, the City contracted with Glatting Jackson Kercher Anglin Lopez and Rinehart to develop site plans for thirteen individual parks throughout the City based on public input, and developing cost estimates for recommended improvements. At the November 18, 2002 meeting, the Recreation Advisory Board was presented with the results of Glatting Jackson’s research, which was estimated at $21 million. The analysis concluded with the following: 1. Lake Catherine Area 1A. Lake Catherine Passive Park lB. Lake Catherine Sports Recreation Center 1C. McArthur Boulevard Improvements Land Acquisition/Development (East Parcel on McArlhur and Norlhlake Boulevards) 2.Gardens Park 3.Municipal Plaza 4.Burns Road Community Center 5.Burns Road Municipal Pool 6.Oaks Park 7.PGA Park 8.Plant Drive Park 9.Lilac Park 10.Dog Park 11.Riverside Community Center Park 12.Sandhill Crane Access Park 13.District Tennis Center Park All Parks Grand Total $350,000 $2,660,000 $1,797,240 $1,653,685 $6,460,925 $710,000 $1,190,000 $1,890,000 $1,600,000 $530,000 $2,600,000 $1,200,000 $2,700,000 $160,000 $510,000 $770,000 $430,000 $20,800,000 The estimated costs for each park site was developed using information provided by the community’s wants and needs as presented at a churette held on October 19th along with survey results previously administered by the City’s Recreation Division. Also included in the analysis was the option of purchasing property located at the northeast comer of Northlake Blvd. and MacArthur Blvd. as a future park site in addition to MacArthur Blvd. traffic calming improvements. The Recreation Advisory Board made a recommendation to City Council at a workshop to proceed with a referendum election to take place on March 11, 2003 to determine voter support of issuance of bonds for the above-mentioned improvements and enhancements. In addition, the City has contracted with The Trust for Public Land (TPL) to assist with comprehensive marketing program for this issue. STAFF RECOMMENDATION: Approve Resolution 22, 2003 authorizing a referendum election to be held on March 11, 2003 for approval of a proposed bond issue to enhance and improve park and recreation facilities and protect open space for a new park CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 22, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, CALLING A REFERENDUM ELECTION ON MARCH 11, 2003 FOR APPROVAL OF A PROPOSED BOND ISSUE TO ENHANCE AND IMPROVE PARK AND RECREATION FACILITIES AND PROTECT OPEN SPACE FOR A NEW PARK; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, in accordance with section 100.211, Florida Statutes, the City Council for the City of Palm Beach Gardens wishes to call a bond referendum to issue bonds for park and recreation improvements and enhancements and to protect open space for a new City park; and WHEREAS, in accordance with the applicable provisions of the Florida Election Code and the Code of Ordinances for the City of Palm Beach Gardens, the City Council wishes to formally call for a referendum election on March 11, 2003; and WHEREAS, the City Council determines that the adoption of this Resolution is in the best interests of the residents and citizens of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby calls for a bond referendum election to be conducted on March 11, 2003, to determine whether a majority of the electors voting in said referendum support the issuance of bonds for park and recreation facilities improvements and enhancements and for the protection of open space for a new City park. SECTION 3: The ballot title and summary of the bond referendum shall be as follows: CITY OF PALM BEACH GARDENS BOND REFERENDUM SAVE OPEN SPACE, PARKS AND RECREATION TO PROTECT OPEN SPACE FROM DEVELOPMENT, PROVIDE NATURE EDUCATION FOR CHILDREN, IMPROVE PARK AND RECREATION FACILITIES, PROVIDE SAFE PARKS AND TRAILS, AND SEEK STATE AND FEDERAL MATCHING FUNDS, SHALL THE CITY OF PALM BEACH GARDENS ISSUE BONDS NOT EXCEEDING TWENTY-ONE MILLION DOLLARS FROM AN AD VALOREM TAX NOT EXCEEDING 00.38 MILL PER YEAR AT AN INTEREST RATE NOT EXCEEDING THE MAXIMUM LEGAL RATE SUBJECT TO CITIZEN OVERSIGHT AND ANNUAL INDEPENDENT AUDIT. FOR BONDS AGAINST BONDS SECTION 4: The City shall utilize polling locations or places established by the Supervisor of Elections of Palm Beach County and all qualified electors shall vote at designated polling locations. The polling locations shall be open from 7:00 a.m. to 7:00 p.m. Only duly qualified electors of the City shall be permitted to vote in the referendum election. SECTION 5: The City Clerk shall prepare and give notice of the referendum election by causing the appropriate notice to be published in accordance with section 100.342, Florida Statutes. SECTION 6: The returns of the referendum election shall be canvassed in accordance with the applicable provisions of the Florida Election Code and the City Code of Ordinances. SECTION 7: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 9: This Resolution shall become effective immediately upon adoption. [Signatures on Next Page] 2 PASSED, ADOPTED AND APPROVED this day of ,2003. ATTEST: MAYOR JABL1N PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 20, 2002 Meeting Date: January 16, 2003 Ordinance 1, 2003 Subject/Agenda Item: Ordinance 1, 2003: Petition ZON-02-01: Wachovia Bank Building Rezoning First Reading: A request by Urban Design Studio, agent for Narragansett Realty II, Inc. for a rezoning of the Wachovia Bank building (a.k.a. Admiralty I building) from General Commercial (CG-1) to Planned Unit Development (PUD) Overlay with an underlying zoning of General Commercial (CG-1). The 2.51-acre site is located at the southeast comer of PGA Boulevard and Military Trail. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Principal Planner~ Talal Benothman, AICP City Attomey~ Leonard Rubin, ~-q. Development ~ ~,- Compliance __ ~ Bahareh Keshavarz-Wolfs, AICP Originating Dept.: Growth Management: Project Manager ,.~. Natalie Wong, Planner Submitted by: Growth Ma~e,~tn,,~ ]¢’1]. Administra~or~l~..b~tlg/~, ~ X. Charles K. WS, AICP Affected parties Approved by.~-"- ) /~X[ff.j.NN.ified- CityMan e~~~ ]NotrequiredRonald M. FeNis Advertised: Date: Paper: [X] Not Required Costs: $ (Total) $ Current FY Funding Source: [ ] Operating [X] Other: N/A Budget Acct.#: P & Z Action: [ ] Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: ¯ Table 1 ¯Location Map ¯Proposed Sign location and detail ¯Ordinance 1, 2003 [ ] None Date Prepared: December 20, 2002 Meeting Date: January 16, 2003 Ordinance 1, 2003 BACKGROUND The site is botmded by PGA Boulevard to the north, the Admiralty II building to the east, Tanglewood Plaza to the south, and Military Trail to the west. The Site Plan and Appearance Review Committee originally approved the 2.51-acre site on June 27, 1978, for a six (6)-story building, with approximately 48,600 square feet of office space and a parking garage. Since its original approval, the site has had no major modifications. The proposed rezoning will change the zoning designation from CG-1 to PUD Overlay, with an underlying zoning of CG- 1. No site plan changes are being proposed; however, the proposed PUD classification will allow the applicant to request waivers. The applicant is requesting one waiver from Section 78-285 "Permitted Signs" Table 24: Permanent Signs, to allow for the principal wall sign (i.e. the Wachovia sign) to be relocated to the top parapet wall located above the 6th floor. The sign was formerly located above the 3~d floor, but has recently been removed. LAND USE AND ZONING The site is currently zoned General Commercial (CG-1), has a future land-use designation Commercial (C), and is designated as Commercial on the Vision Plan. The applicant requests rezone the site to a PUD Overlay with an underlying zoning of General Commercial (CG-1). The proposed rezoning is consistent with the future land-use designation, as identified in the City’s Comprehensive Plan, and the PGA Boulevard Corridor Overlay, Section 78-221 (e). This section requires that every property owner seeking a development order within the corridor shall rezone the subject property to a PUD or PCD overlay zoning. PROJECT DETAILS No changes to the site layout.are being proposed. Signage The principal tenant wall sign is being proposed on the top parapet wall above the 6 th floor. The applicant is requesting a waiver for this sign from section 78-285 "Permitted Signs" Table 24: Permanent Signs, which limits the height of wall signs for principal tenants to the 2nd floor. The proposed sign waiver is consistent with several buildings (i.e. Admiralty II, SunTrust Bank, Embassy Suites) in the surrounding area that have the principal tenant wall signs on the top floor, which were approved through waivers. Table 1 summarizes these buildings: Date Prepared: December 20, 2002 Meeting Date: January 16, 2003 Ordinance 1, 2003 Building Admiralty II Double Tree Hotel Marriott Hotel SunTrust Bank Embassy Suites Zoning PUD with underlying General Commercial (CG-l) PUD with underlying General Commercial (CG-1) PUD with underlying General Commercial (CG-1) PUD with underlying General Commercial (CG-1) PUD with underlying General Commercial (CG-1) Location Southeast comer of Military Trail and PGA Blvd., immediately east of First Union/Wachovia buildin~ Northeast comer of Military Trail and PGA Blvd. Southeast comer of 1-95 and PGA Blvd. Required Maximum height 2nd floor line Maximum height 2"d floor line Maximum height 2"d floor line Southwest comer of Military Maximum height 2"~ Trail and PGA Blvd.floor line Immediately east of Admiralty II Maximum height 2"a building, south side of PGA floor line Blvd. Table 1: Adjacent Buildings - Principal Tenant Wall Signs Provided Top parapet wall above the 10th floor (waiver provided) Top parapet wall above the 6th floor (variance provided) Top parapet wall above the 1 l th floor Top parapet wall above the 5th floor (waiver provided) Top parapet wall above the 10th floor (waiver provided) Landscaping/Bu_f_fering Although not required to do so by the development order, the applicant is currently maintaining the landscaping, irrigation, roadway shoulders and medians on Military Trail and PGA Boulevard adjacent or contiguous to the road frontage of the subject site. As a condition of approval and as a justification for the sign waiver, the applicant has agreed to continue to maintain the above medians and roadway shoulders. Waivers Code Section Section 78-285 "Permitted Signs" Table 24, Permanent Signs Table 2: Requested Waiver Required Provided Support Maximum height 2nd Top parapet wall above YESfloor line the 6th floor PLANNING & ZONING COMMISSION RECOMMENDATION On November 26, 2002, the Planning & Zoning Commission recommended approval of the proposed rezoning and sign waiver by a vote of 4-2, with Commissioners Glidden and Channing dissenting. STAFF RECOMMENDATION Staff recommends approval of Ordinance 1, 2003, with one (1) waiver and one (1) condition approval as listed in the attached Ordinance. Date Prepared: December 20, 2002 Meeting Date: January 16, 2003 Ordinance 1, 2003 EXISTING USE Subject Property_ Wachovia Bank Building North Shell Gas Station and Double Tree Hotel South Tanglewood Plaza West Sun Bank Building East Admiralty II Building ZONING General Commercial (CG-1) PUD with underlying zoning of General Commercial (CG-1) PUD with underlying zoning of General Commercial (CG- 1) PUD with underlying zoning of General Commercial (CG-1) PUD with underlying zoning of General Commercial (CG- 1) LAND USE Commercial (C) Commercial (C) Commercial (C) Commercial (C) Commercial (C) 4 Date Prepared: December 20, 2002 CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 1, 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, REZONING 2.51 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF PGA BOULEVARD AND MILITARY TRAIL, AS DESCRIBED HEREIN,. FROM GENERAL COMMERCIAL (CG-1) TO PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING ZONING OF GENERAL COMMERCIAL (CG-1); AMENDING THE CITY OF PALM BEACH GARDENS OFFICIAL ZONING MAP; PROVIDING FOR A CONDITION OF APPROVAL; PROVIDING FOR A WAIVER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received Petition ZON-02-01 from Urban Design Studio, agent for Narragensett Realty 1I, Inc., requesting to rezone approximately 2.51 acres of land on the southeast comer of PGA Boulevard and Military Trail, as more particularly described in Exhibit "A" attached hereto, from General Commercial (CG-1) to Planned Unit Development (PUD) Overlay; and WHEREAS, on November 26, 2002, the Planning and Zoning Commission conducted a public hearing and recommended approval of the requested rezoning and waiver; and WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the rezoning of a parcel of land as more particularly described in Exhibit "A" attached hereto and made a part hereof, from General Commercial (CG-1) to Planned Unit Development (PUD) Overlay with underlying zoning of General Commercial (CG-1). SECTION 3. Said approval is subject to the following condition, which shall be the responsibility of the applicant, its successors or assigns: Date Prepared: December 20, 2002 Ordinance 1, 2003 The petitioner, successors and assigns shall maintain the landscaping and irrigation of the road shoulders and medians of Military Trail and PGA Boulevard that are adjacent to or contiguous to the subject property’s road frontage per the City’s Roadway Beautification Plan adopted by Ordinance 36, 2002 (City Forester). SECTION 4. The City Council of the City of Palm Beach Gardens hereby approves the following waiver with this approval: A waiver from Section 78-285 "Permitted Signs" Table 24, Permitted Sign, to allow for a wall sign to be located on the top parapet wall above the 6th floor. Section 78-285 allows the maximum height of the principal tenant wall sign to be no higher than the 2nd floor line. SECTION 5. All Ordinances, or parts of Ordinances in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 6. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance if for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 7. This Ordinance shall become effective on the day of adoption. [This space intentionally left blank] PASSED, FIRST READING this PASSED, SECOND READING this PASSED, ADOPTED AND APPROVED this SIGNED: MAYOR JABLIN VICE MAYOR SABATELLO Date Prepared: December 20, 2002 Ordinance 1, 2003 day of day of day of .,2003. ,2003. ,2003. COUNCILMEMBER CLARK COUNCILMEMBER RUS S 0 COUNCILMEMBER DELGADO ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT EXHIBIT A Legal description Comm~ciag g ~ point on tho Nor~lx-South Quar~r Section Llr~ of ~aid Saetlort I2, 825 feet Nort~ of t]~ Sou± link of the North H~fof the Northeast Quaff ru.rt ~e.ne~ S~utla 88"08’55" .’East 60.0 feet to t~e point of beginning, (for ~e purpose of thl~ description the Notr.fi-Sout:h Quz.rter $~tion Line ts ~sumed to bear Nortl:t 01 °:~7’2.5" E~s~ and all o~e.r bearings a_~ rel~:lve ¯ ereto) ~enc¢ c~rttlnue S~u~ 88*08"55" East 270.0 feet:’ then~ North 01°5t’05" East 446.8~ fe~t. mort er lz,~_~, to a poln~ [n the nouth~rly ~igh~ o! way’ of P.G.A. B, oulevzrd; tlaew.ze South 68"42"Z7" We~t 292,97 f¢.~, rnor~ or le~, to a point in tl~ ultimate right ot way’ 1.the of Mllltar-/ ’Tr~lh ther~c~ S~u~ 01"57’25" West ~ong ~atd E~t right ot’ w~y line aracl n lin~ 60,0 feet e:~.s~e.rly fi’em (~ mea.rared a~ tight angle~) ~1 parallel to ~ Nox’th-South Queer Section lane a distance o1’331.69 f~et, =u~re or le~s, to r~ l:’oi.,at of BeSlnning. LUP: C Zone: CG-I: Gardens Square Shoppes LUP: C Zone: CG-1 DoubleTree Hotel LUP: C Zone: CG-1 Sun Bank LUP: C Zone: CG-1 Professional "Office: LUP: PO Zone: PO PGA Nation LUP: RL Zone: RL2 Golf Course Estates Shell Gas Station LUP: C Zone: CG-1 Admiralty ] LUP: C Zone: CG-1 Admiralty II LUP: C Zone: CG-1 ITE Tanglewood Plaza LUP: C Zone: PCD Trails End ~Zillas Condo LUP: RM Zone: RM City of PBG City Hall LUP: P/I Zone: P FIRS T UNI ON S Tanglewood LUP: RH Zone: PCD City of PBG Sports Complex LUP: P/I Zone: ROS @ Admirality 1 PALM BEACH GAKDENS, FL Scale 1 = LOCATION MAP UDS Job#: 02-008.00 Date: September 13, 2002 42 T42 S 12 o~o mm Z I ¯ MILITAR~Y TRA~L Z CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 16, 2003 Date Prepared: December 31, 2002 Ordinance 3, 2003 SUBJECT/AGENDA ITEM Ordinance 3, 2003: Reinstating of the "MacArthur Banyan Tree Historic Overlay Protection Zone" First Reading: A City-initiated request to reinstate the MacArthur Banyan Tree Historic Overlay Protection Zone previously approved by City Council through Ordinance 17, 1999. [x] [ ] Recommendation to Approve Recommendation to Deny Reviewed by: Principal Planner Talal Benothm/~P City Attorney_~,~ Leonard G. Rub"tn Finance NA Human Res. NA Submitted by: ~ Growth Man~e t Ad m in ist rato~ _V) ~i1~. ~% Charles K. Wu, AICP Approved by/:~ //r-- City Manag r~)~~ Ronald M. Ferr, i’s / Originating Dept.: Growth Management: Project Manager Mark Hendrickson Advertised: Date: Paper: PB Post [ } Required [._.~x] Not Required Affected parties: [ ] Notified [ x ] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other NA Budget Acct.#: NA Land Development Regulations Committee Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval [ ] Rec. app. w/conds. [ ] Rec. Denial [ ] Continued to: Attachments: ¯ Ordinance 3, 2003 ¯Ordinance 17, 1999 [ ] None City Council Meeting Date: January 16, 2003 Date Prepared: December 31, 2002 DISCUSSION Recently, City staff has discovered that the Land Development Regulations were not codified to include Ordinance 17, 1999, which approved the "MacArthur Banyan Tree Historic Overlay Protection Zone." The subject ordinance was it~advertently omitted from the year 2000 revision of the Code. In light of the potential development of the Banyan Tree Planned Unit Development on both the eastern and western sides of MacArthur Boulevard, City staff believes this is an opportune time to reinstate the MacArthur Banyan Tree Historic Overlay. The reinstatement of the overlay in the Code is also needed to maintain consistency with the City’s Comprehensive Plan. On November 4, 1999, the City Council adopted Ordinance 27, 1999, amending the comprehensive plan to include, among other items, the MacArthur Banyan Tree Historic Overlay. The City’s Future Land Use Map currently depicts a symbol at MacArthur Boulevard and Northlake Boulevard intersection and a reference to Policy 5.1.5.3 of the Future Land Use Element for this overlay zone. The proposed reinstatement will be placed under the Land Development Regulations section for "Historic and archaeological sites", Section 78-682. THE LAND DEVELOPMENT REGULATION COMMISSION RECOMMENDATION On March 23, 1999, the Planning and Zoning Commission sitting as the Land Development Regulation Commission found the amendment to the "Historical and Archaeological Sites" section of the Code of Ordinances and the proposed "MacArthur Banyan Tree Historic Overlay Protection Zone" to be consistent with the Comprehensive Plan. Accordingly, the Commission recommends approval of the amended. STAFF RECOMMENDATION City staff recommends approval of Ordinance 3, 2003, to reinstate the MacArthur Banyan Tree Historic Overlay Protection Zone into the Code of Ordinances of the City of Palm Beach Gardens. \\FILE_mydoc~Banyantreeordinance.doc 2 CITY OF PALM BEACH GARDENS ORDINANCE 3, 2003 Date Prepared: December 30, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO SECTION 78-682 OF THE CITY CODE OF ORDINANCES,ENTITLED "HISTORICAL AND ARCHAEOLOGICAL SITES," BY ADDING A THIRD CRITERION, AND TO ESTABLISH THE MacARTHUR BANYAN TREE AS A LOCALLY DESIGNATED HISTORIC AND/OR ARCHAEOLOGICALLY SIGNIFICANT SITE; PROVIDING FOR ENACTMENT OF SECTION 78-683 OF THE CODE OF ORDINANCES, ENTITLED "MacARTHUR BANYAN TREE HISTORIC OVERLAY PROTECTION ZONE"; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens presently does not contain language enabling the City Council to designate a site as historicor archaeologically significant; and WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens does not list the MacArthur Tree as a locally historic site; and WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens presently does not contain a historic overlay zone designed to protect the MacArthur Banyan Tree; and WHEREAS, the MacArthur Banyan Tree was located in the City of Palm Beach Gardens by the city founder, John D. MacArthur, and has historical significance to the residents of the City, and has become a landmark identifying the City; and WHEREAS, the original early 1960’s entryway features, including fountains, pools, and most of the landscaping, were removed in the late 1970’s and early 1980’s; and WHEREAS, the City Council has determined that it is necessary to protect the MacArthur Banyan Tree and restore the original entryway features (including fountains, pools, and vegetation) because of their historic value to the community; and WHEREAS, on March 23, 1999, the Planning and Zoning Commission sitting as the Land Development Regulation Commission, found the subject revisions to be consistent with the Comprehensive Plan; and Ordinance 3, 2003 Page 2 WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2. Section 78-682 of the City’s Code of Ordinances, entitled "Historical and archaeological sites," is hereby amended by amending or inserting the following (added language is underlined and deleted language ~): Section 78-682. Historical and archaeological sites. (a) Designation. The following criteria shall be used to designate a site of historical and archaeological significance in the City: (1)National listing. A site located in the City that is listed in the National Register of Historic Places maintained by the U.S. Department of the Interior pursuant to the Historic Preservation Act of 1966, as amended. (2)State listing. A site located in the City that is listed in the state master file maintained by the Bureau of Archaeological Research, Florida. Department of State. (3)A site that is located in the City that has been officially designated by City Council as a historic and/or archaeological site. In making such a designation, City Council shall consider, but not be limited to, the following standards: a. The significance of the site as a landmark. b. The role of the site in the City’s history_ or archaeological past. The City shall encourage that these sites be maintained in their historic and/or archeologically significant state, and not be altered, threatened, or removed. (4)The following is a list of sites, which have been designated as historic and/or archaeological sites per the standards herein: a. MacArthur Banyan Tree, located in the median on MacArthur Boulevard, just north of Northlake Boulevard. (b) Application. Any development activity on a property that contains a site of historical and archaeological significance as defined in this subsection shall be subject to the prevailing city, state and federal regulations. Ordinance 3, 2003 Page 3 SECTION 3. Section 78-683 of the City’s Code or Ordinances is hereby enacted, as follows: Section 78-683 MacArthur Banyan Tree Historic Overlay Protection Zone (a) Purpose and intent. The MacArthur Boulevard Banyan Tree is actually two trees that have grown together. The trees are located at the entrance to the City of Palm Beach Gardens and have a unique history. City Founder John D. MacArthur had these trees planted at their current location in the early 1960’s, and they have become an identifying landmark of the City. The first tree dates back to approximately 1881, and was planted at its current location in April of 1961. The second tree was planted at its current location a couple of years later. The intent of this section is to implement protective measures that preserve and enhance the MacArthur Banyan Tree for current residents and future generations. (b) Protection zone established. The MacArthur Banyan Tree Historic Overlay Protection Zone is hereby established and shall encompass the area located within 200 feet of the drip line of the MacArthur Banyan Tree located in the median of MacArthur Boulevard approximately 150 feet north of Northlake Boulevard. (c) Protection zone quidelines. (1)For the purposes of this section, the term "kill or damage" will include, but not be limited to, the following: a. Killing or removing the MacArthur Banyan Tree (the "Tree"); b. Damaging the body of the Tree or its root structure through modifications of existing drainage patterns, water table, road, hydro period, or existing grade; or c. Causing the Tree or its branches to come in contact with any structure, vehicle, or utility facility. (2)No cleating or development shall occur within the MacArthur Banyan Tree Historic Overlay Protection Zone unless approved by City Council. Applications to clear or develop within the MacArthur Banyan Tree Historic Overlay Protection Zone shall not be considered complete unless submitted (3) with comprehensive analysis, prepared by a duly authorized environmental consultant, arborist or related landscape specialist, detailing the impact of the proposed cleating or development on the MacArthur Banyan Tree. The City may, in its discretion, obtain an independent analysis at the applicant’s expense. Pruning of the MacArthur Banyan Tree is prohibited unless expressly authorized by the City. (4) Ordinance 3, 2003 Page 4 Any activity which kills or damages the MacArthur Banyan Tree, whether intentional or not, shall be considered a violation of this section. Such activity (5) (6) may include, but is not limited to, improvements or maintenance to roads or drainage systems. Road widening shall be prohibited within the MacArthur Banyan Tree Historic Overlay Protection Zone unless it can be demonstrated that such widening will not kill or damage the Tree. Any road improvements conducted within the MacArthur Banyan Tree Historic Overlay Protection Zone shall use pervious concrete in the resurfacing of the roadway (unless otherwise approved the City Engineer). No utilities (above ground or below ground) shall be permitted above within the crown of the MacArthur Banyan Tree, or within the root zone of the MacArthur Banyan Tree. (7)Development which occurs within the MacArthur Banyan Tree Historic Overlay Protection Zone shall provide for a substantial gateway design to the entrance of the City at that location, on both sides of MacArthur Boulevard, including, but not limited to, the use ofhardscapes and landscaping. (d) Enforcement. The City shall enforce violations of this section by any and all means available. Secs. 78-683 684-78-700. Reserved. SECTION 4. 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 5. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 6. All ordinances and resolutions of the City, or part thereof, which are in conflict with this ordinance, are hereby repealed. SECTION 7. This ordinance shall be effective upon adoption. PASSED, FIRST READING this PASSED, SECOND READING this PASSED, ADOPTED AND APPROVED this SIGNED: MAYOR JABLIN day of day of day of Ordinance 3, 2003 Pa~ 5 ,2003 ,2003 ,2003 COUNCILMEMBER CLARK VICE MAYOR SABATELLO COUNCILMEMBER RUSSO ATTEST: COUNCILMEMBER DELGADO I HEREBY CERTIFY that I have approved this ORDINANCE as to form. PATRICIA SNIDER, CITY CLERK LEONARD RUBIN, CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT February 25, 1999 March 29, 1999 April 5, 1999 April 19, 1999 ORDINANCE 17, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF SECTION 118-307 OF THE CODE OF ORDINANCES, ENTITLED "HISTORICAL AND ARCHAEOLOGICAL SITES," BY ADDING CITY COUNCIL DESIGNATION AS A THIRD CRITERIA TO DESIGNATE A SITE OF HISTORICAL AND ARCHAEOLOGICAL ¯ SIGNIFICANCE IN THE CITY, AND TO ESTABLISH THE MacARTHUR BANYAN TREE AS A LOCALLY DESIGNATED HISTORIC AND/OR ARCHAEOLOGICALLY SIGNIFICANT SITE; PROVIDING FOR ENACTMENT OF SECTION 118-312 OF THE CODE OF ORDINANCES, ENTITLED "MacARTHUR BANYAN TREE HISTORIC OVERLAY PROTECTION ZONE"; 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 language enabling the City Council to designate a site as historic or archaeologically significant; WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens does not list the MacArthur Tree as a locally historic site; WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens presently does not contain a historic overlay zone designed to protect the MacArthur Banyan Tree; WHEREAS, the MacArthur Banyan Tree was located in the City of Palm Beach Gardens by the city founder, John D. MacArthur, and has historical significance to the residents of the City, and has become a landmark identifying the City; WHEREAS, the original early 1960’s entryway features, including fountains, pools, and most of the landscaping, were removed in the late 1970’s and early 1980’s; Ordinance 17, 1999 Page 2 WHEREAS, the City Council has determined that it is necessary to protect the MacArthur Banyan Tree and restore the original entryway features (including fountains, pools, and vegetation) because of their historic value to the community; and Whereas, on March 23, 1999 the Planning and Zoning Commission sitting as the Land Development Regulation Commission found the subject revisions to be consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Section 118-307 of the City’s Code of Ordinances, entitled "Historical and archaeological sites," is hereby amended by amending or inserting the following (added words underlined; deleted words st~uc;~): Sec. 118-307. Historical and archaeological sites. The following criteria shall be used to designate a site of historical and archaeological significance in the City: (1)A site located in the city City that is listed in the National Register of Historic Places maintained by the U.S. Department of the Interior pursuant to the Historic Preservation Act of 1966, as amended. (2) A site located in the eity City that is listed in the state master site file maintained by the ~" ........~ ~-^~’^^^’^--^-’ .......~"~,~,,~,~,-, ~,, -,,~.,,~,o~,,,.,u,~.o, ,,~o~=,~.,, Bureau of Archaeological Research, "~^-^’-’--^-" ^"-’-’^,.,,~,~,,,,,~,,, ,.,, o,,~,~ Department of State. Any development activity on a property that contains a site of historical and archaeological significance as defined in this subsection shall be subject to the prevailing state and federal regulations. (3)A site that is located in the City that has been officially designated by City Council as a historic and/or archaeological site. In making such a designation, City Council shall consider, but not be limited to, the following criteria: a. The significance of the site as a landmark; and/or b. The role of the site in the City’s history or archaeological past. Ordinance 17, 1999 Page 3 The City shall encourage that these sites be maintained in their historic. and/or archeologically significant state, and not be altered, threatened, or removed. (4)The following is a list of the sites which have been designated as historic, and/or archaeological sites per the standards herein: 1_.MacArthur Banyan Tree, located in the median on MacArthur Boulevard, just north of Northlake Boulevard. SECTION 2. Section 118-312 of the City’s Code of Ordinances is hereby enacted, as follows: Sec. 118-312. MacArthur Banyan Tree Historic Overlay Protection Zone (a) Purpose and intent. The MacArthur Banyan Tree is actually two trees that have grown together. The trees are located at the entrance to the City of Palm Beach Gardens and have .a unique history. City Founder John D. MacArthur had these trees planted at their current location in the early 1960’s, and they have become an identifying landmark of the City. The first tree dates back to approximately 1881, and was planted at its current location in April of 1961. The second tree was planted at its current location a couple of ¯ years later. Sometime in the early 1960’s, decorative fountains and pools were added in the areas immediately to the east and west of the MacArthur Banyan Tree. The intent of this section is to implement protective measures that preserve and enhance the MacArthur Banyan Tree for current residents and future generations, and to restore the landscaping concept surrounding the tree (including the theme of the early 1960’s pools, fountains, and vegetation). (b) Protection zone established. The MacArthur Banyan Tree Historic Overlay Protection Zone is hereby established and shall encompass the area located within 200 feet of the dripline of the MacArthur Banyan Tree located in the median of MacArthur Boulevard approximately 150 feet north of Northlake Boulevard. ( c ) Protection zone guidelines. (1) For the purposes of this section, the term "kill or damage" will include, but not limited to, the following: Ao Killing or removing the MacArthur Banyan Tree (the "Tree"). Damaging the body of the Tree or its root structure through modifications of existing drainage patterns, water table, hydroperiod, or existing grade. road, Ordinance 17, 1999 Page 4 Causing the Tree or its branches to come in contact with any structure, vehicle, or utility facility. (2) No clearing or development shall occur within the MacArthur Banyan Tree Historic Overlay Protection Zone unless approved by City Council. Applications to clear or develop within the MacArthur Banyan Tree Historic Overlay Protection Zone shall not be considered complete unless submitted with a comprehensive analysis, prepared by a duly authorized environmental consultant, arborist or related landscape specialist, detailing the impact of the proposed clearing or development on the MacArthur Banyan Tree. The City may, in its discretion, obtain an independent analysis at the applicant’s expense. (3) Pruning of the MacArthur Banyan Tree is prohibited unless expressly authorized by the City. (4) Any activity which kills or damages the MacArthur Banyan Tree, whether intentional or not, shall be considered a violation of this section. Such activity may include, but is not limited to, improvements or maintenance to roads or drainage systems. (5) Road widening shall be prohibited within the MacArthur Banyan Tree Historic Overlay Protection Zone unless it can be demonstrated that such widening will not kill or damage the Tree. Any road improvements conducted within the MacArthur Banyan Tree Historic Overlay Protection Zone shall use pervious concrete in the resurfacing of the roadway (unless otherwise approved by the City Engineer). (6) No utilities (above ground or below ground) shall be permitted above or within the crown of the MacArthur Banyan Tree, or within the root zone of the MacArthur Banyan Tree. (7) Development which occurs within the MacArthur Banyan Tree Historic Overlay Protection Zone shall provide for a substantial gateway design to the entrance of the City at that location, on both sides of MacArthur Boulevard, including the use of fountains, pools, and intense landscaping and vegetation, and be of an overall area sufficient to complete the design statement at the entry in the opinion of the City Staff and City Council. (d) Enforcement. The City shall enforce violations of this section by any and all means available. SECTION 3. The City Clerk is hereby directed to ensure that the contents of this ordinance be codified as part of the City Code of Ordinances. Ordinance 17, 1999 Page 5 SECTION 4. Should any section or provision of this ordinance, or any portion, paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only that part declared to be invalid. SECTION 5. All ordinances and resolutions of the City, or any part thereof, which are in conflict with this ordinance are hereby repealed. SECTION 6. This ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 15TH DAY OF APRIL, 1999. PLACED ON SECOND READING THIS 6TH DAY OF MAY, 1999. PASSED AND AD_OPTE49 THIS 6TH DAY OF MAY, 1999. ~ DAVID CLARK, COUNCIL MEMBER ATTEST:APPROVED AS TO LEGAL FORM LINDA V. KOSIER, CMC, CITY CLERK AND.SUFFICIENCY: ,~,~, (5~ 7~ ~7~/.~_~/"~D~ ~3"FI-YATTORNEY- VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCIL MEMBER SABATELLO COUNCIL MEMBER JABLIN v" COUNCIL MEMBER CLARK NAY ABSENT g/short mactree or9 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 2, 2003 Meeting Date: January 16, 2003 Ordinance 4, 2003 Subject/Agenda item: Ordinance 4, 2003 - Benjamin High School PUD Amendment First Reading - Hank Skokowski of Urban Design Studio, agent for The Benjamin Private School, Inc., is requesting an amendment to the Benjamin School Planned Unit Development (PUD), which was approved by City Council by the adoption of Ordinance 30, 2000. The proposed amendments consist of an increase in the on-site upland preserve area, off-site mitigation of the wetland preserve area, relocation and redesign of the athletic fields, relocation of the field house and associated parking and minor modification to the approved architectural elevations. The 50-acre Benjamin School PUD is located approximately one-half mile south of Donald Ross Road, on the west side of Central Boulevard. [ X] Recommendation to APPROVE [ ] Recommendation to DENY City Council Action:Reviewed by: Principal Planner Talal Benothman, City Attorney Leonard Rubin, ~kLq. Development Compliance Bahareh Wolfs, AI~P Submitted by: ~ Growth Ma~ Administrat~ ~ ~ Charles K. Wu, AICP Appr°ved bye2_._ S. f City Man agel~_ ~"~’~~ Ronald M. Fe~ri~ ( Originating Dept.: Growth Management: Project C an~ Manager \ Jackie Hollc Planner Advertised: Date: Paper: [ X ] Not Required ~ parties: [ ] Notified [ X ] Not Required FINANCE: NA Costs: $ Total $ Current FY Funding Source: [ ] Operating [X] Other NA Budget Acct.#: NA [] Approved [] App. w/conditions [] Denied [ ] Continued to:__ Attachments: ¯ Ordinance 4, 2003 ¯ Approved Ordinance 30, 2000 ¯Applicant’s Narrative & Justification ¯ Memo from J. Schnelle ¯ DRC Comments ¯ Approved Plan ¯Proposed Plans & Elevations ¯Location Map Date Prepared: January 2, 2003 Meeting Date: January 16, 2003 Ordinance 4, 2003 Page 2 BACKGROUND On December 15, 2000, City Council approved 72,312 square feet of classroom and labs, 29,267 square feet of performing arts facility, 17,290 square feet of administrative and media center facilities, 52,194 square feet of physical education center, 11,187 square-foot cafeteria, athletic playing fields and four tennis courts on a 50-acre campus. The approved site includes 7.9 acres of upland preserve and 4.93 acres of wetland preserve on site, meeting the requirements of Section 78-250, Division IV of the Land Development Regulations (LDRs). The proposed amendments include a net reduction of 9,191 square feet of the overall campus square footage because of the field house square footage being consolidated with the gynmasium. The amendments include the relocation of athletic fields and the field house closer to the remaining campus buildings. The relocation of the athletic fields will result in the elimination of the approved wetland preserves. The applicant has proposed to mitigate the wetland off-site at the Unit 11 site owned by the South Florida Water Management District, which is located outside of the City’s jurisdictional lines and just west of the far northwest comer of the City, south of the Bee Line Highway. LAND USE & ZONING The subject site is zoned PUD Overlay with an underlying zoning of Public/Institutional (P/l), and has a future land-use designation of Residential Low (RL). A discussion on compliance with the City’s Comprehensive Plan and Land Development Regulations is included in the "Project Details" section. CONCURRENCY Concurrency for this site was granted on May 8, 2000. The proposed amendment includes a decrease in the number of trips generated and, therefore, does not require an additional concurrency review. If this amendment is approved by City Council, staff will initiate the removal from all affected roadway segments the corresponding trips resulting from this reduction. The build-out date for the proposed development is December 31, 2004. In accordance with the original development order, the project shall be considered built-out if the student enrollment has reached the level as indicated in the traffic impact analysis (490), or 50% of square footage approved by this ordinance is completed. PROJECT DETAILS Building and Architecture The only building square footage amendment proposed consists of the consolidation of the field house Date Prepared: January 2, 2003 Meeting Date: January 16, 2003 Ordinance 4, 2003 Page 3 with the gymnasium, which had previously been located to the north of the main campus area. While there is an overall reduction of the total campus square footage, the combined field house and gymnasium, known as the "physical education building", has been enlarged by an additional 12,747 square feet. The proposed physical education building shall consist of the same architectural style and "Jade Peach" wall and "Heron White" trim color scheme as the existing approval. However, the proposed architectural amendments include additional mansard roofing midway up the gymnasium walls providing for relief from excessive massing of the exterior gymnasium wall. This is an improvement from the approved architecture and a necessary addition to the expanded size of the structure. The proposed structure includes a parapet wall at 36 feet 4 inches in height. The maximum height permitted in Public-Institutional zoning districts is 36 feet. The applicant has received a waiver with the original approval to build up to 50-feet in height. The applicant has provided revised elevations of the consolidated "physical education" building, which are attached to this report. Signage There is no additional signage proposed with this petition. Landscaping~Buffering~Preservation The proposed amendments greatly affect the previously approved preserve. As mentioned previously, the applicant is proposing to replace the 4.93-acre wetland preserve with six acres of on-site upland preserve, athletic playing fields, and tennis courts. The wetland preserve proposed for elimination would be mitigated in Unit 11 (a.k.a. Hungryland Slough) area northwest of the City. The proposed mitigation is consistent with South Florida Water Management District requirements. The mitigation would occur at an 8 to 1 ratio, which computes to approximately 39.4 acres at the off-site location. The proposed amendment is proposing 8.96 acres of uplands to satisfy the upland requirement, which is one acre greater thanthe original proposed upland preserve. Drainage The approved PUD site plan utilized the 4.93-acre wetland for treating run-off prior to off-site discharge, which would require the applicant to raise the remainder of the site by approximately two feet. Upon completion of the Unit 2 drainage study, it was determined that filling the site to create the wetland was less preferable than the proposed amendment, which includes elimination of the wetland and additional storage on-site. Although the proposed amendment may be the preferred option for drainage purposes, it should be noted that the approved plan may be constructed as is and has met all requirements of both the South Florida Water Management District mad the Northern Palm Beach County Improvement District. Date Prepared: January 2, 2003 Meeting Date: January 16, 2003 Ordinance 4, 2003 Page 4 The City Engineer has reviewed the proposed amendments and is in support of the proposed amended plan relating to the provision of adequate drainage within the Unit 2 drainage basin. The City Engineer has confirmed verbally with staff that both the existing and proposed site plans meet the Unit 2 criteria and that drainage is not a deciding factor in relation to the proposed amendment. Site Access The proposed amendments do not affect the entrance driveways into the campus. The revised site plan still maintains an entrance along Central Boulevard at the same location. Parking The proposed amendments include the elimination of the parking lot adjacent to the field house, which is also proposed for elimination. Additional parking spaces have been relocated to the approved parking area, along the western side of the subject site. The relocation shall result in the loss of two parking spaces. The applicant is still providing 31 spaces more than required by the LDRs. The applicant has requested a waiver from the LDRs, Section 78-344, to allow all parking spaces to be 9.5 feet wide, with the exception of the eight 12-foot wide handicap spaces. This waiver was not requested with the original approval of the PUD. Waivers The applicant is requesting the following waivers as part of the proposed amendment: (1)Waiver from Section 78-441 (c), which requires boundary plat approval prior to issuance of building permit, to allow building permits for excavation and fill to be issued prior to approval of the plat. (2)Waiver from Section 78-344(L)(1), which requires 10’ x 18.5’, to allow for 316 parking spaces to be 9.5’ x 18.5’ wide. The proposed plan with 9.5’ wide parking spaces allows the applicant to provide an additional 4,100 square feet of open space. In addition, the proposed plan provides in excess of 70% open space overall which exceeds the 35% minimum by almost 30 acres. STAFF COMMENTS Upon initial review of the proposed amendments, staffhad several issues and concerns regarding the elimination of a viable wetland with existing wetland species. The wetland location adjacent to the Date Prepared: January 2, 2003 Meeting Date: January 16, 2003 Ordinance 4, 2003 Page 5 Central Boulevard Parkway would provide for a diversity of ecosystems within the parkway, which primarily consists of"Upland" eco-system. The applicant is now proposing off-site mitigation of the wetland to a location (Unit 11) west of the City’s corporate boundaries. In addition, eliminating wetland preserve on the site of an educational campus will eliminate the possibility of using the site for educational purposes for students. The proposed amendment is also changing the nature of the campus from a more passive, natural state to a more active condition. In response, the applicant has expressed a concern for financial hardship of restoring the wetland as a reason for proposing the off-site mitigation, due to the fact that restoring the wetland would require raising the remainder of the site several feet. The applicant has also contended that the proposed amendments are necessary to meet the anticipated needs of the students’ athletic activities. The proposed amendments include expanding the number of tennis courts from four to nine, with the potential to conduct intra-school tournaments on site. Other benefits to be derived by the students include a combined field house and physical education building, and playing fields located closer to the building campus. The attached applicant’s narrative provides justification for additional sports facilities in order to provide for the projected needs of the student population. As of August 31, .2002, the applicant has purchased the mitigation area west of the City, in coordination with the South Florida Water Management District. Therefore, staff supports the conversion of the on-site wetland to the upland preserve. Staff and the applicant have reached a compromise solution to allow for this application to move forward with a recommendation of approval. The proposed amendment will eliminate a higher quality upland preserve area to the west of the proposed wetland area on the approved plan. In addition, the proposed plan requires conversion of the wetland to an upland system, which will result in a lower quality upland habitat than what is being proposed for elimination. To mitigate the negative effects of the proposed amendment to the approved upland habitat, the applicant has revised the site plan to provide for an additional 1.07 acres of upland preserve on-site, in addition to the 8 for 1 mitigation area proposed within Unit 11, west of the City. The applicant has amended the northern drainage lake, which has already been approved, to provide for the additional preserve area and has made adjustments to the littoral planting plans per the recommendation of the City Engineer. City Forester Comments The City Forester has reviewed the revised plans and has concerns regarding possible utilities and grade changes near the proposed preserve areas. The City Forester is, therefore, recommending the following conditions: Condition No. 1 of Ordinance 30, 2002, shall be amended to read, "Within six (6) months Date Prepared: January 2, 2003 Meeting Date: January 16, 2003 Ordinance 4, 2003 Page 6 from the issuance of the clearing permit..." The current language requires the roadway landscaping to be installed prior to the certificate of occupancy or completion of the athletic fields. The applicant shall return to City Council for an amendment to the PUD if 8.96 acres cannot be preserved because of conflicts with private or public utilities or grade changes (transition zones), except for the meandering public sidewalk along Central Boulevard. CitF Engineer Comments In a memorandum received January 6, 2003, the City Engineer recommended the following: ¯Sports lighting shall be shielded from adjacent residential properties; ¯The maintenance easement for Lake #1 shall show a bulb-out turnaround on all plans; ¯All littoral plantings need to be shown on all plans; ¯Plat dedication language for Lake Tracts L-1 and L-2 shall be revised; ¯A waiver shall be requested for 9.5-foot wide parking spaces; ¯A detailed design of the slope from Grande Flora right-of-way line to the existing preserve shall be provided; and ¯The use of bollards at the emergency access from Buccaneer Way shall be approved by the Fire Rescue Department. Fire Rescue Department Comments The Fire Rescue Department has reviewed the site plan and has no adverse comments or concerns at this time. PLANNING AND ZONING COMMISSION COMMENTS The Planning and Zoning Commission held a public hearing for Petition PUD-02-05 on October 22, 2002. The Commission voted 7-0 to recommend to City Council approval of this petition with conditions of approval and the requested waivers. STAFF RECOMMENDATION Staff recommends approval of Ordinance 4, 2003, with waivers and conditions of approval. GM on Pbg.../JHolloman/folder: Benjamin school/PUD0205 cc stfBenj scl.doc Date Prepared: January 2, 2003 CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 4, 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF AN AMENDMENT TO THE BENJAMIN PRIVATE HIGH SCHOOL PLANNED UNIT DEVELOPMENT BY ALLOWING AN INCREASE IN ON-SITE UPLAND PRESERVE AREA, OFF-SITE MITIGATION OF THE WETLAND PRESERVE AREA, RELOCATION AND REDESIGN OF THE ATHLETIC FIELDS, RELOCATION OF THE FIELD HOUSE AND ASSOCIATED PARKING, AND MINOR MODIFICATION TO THE APPROVED ARCHITECTURAL ELEVATIONS, LOCATED APPROXIMATELY ONE-HALF MILE SOUTH OF DONALD ROSS ROAD ON THE WEST SIDE OF CENTRAL BOULEVARD, AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (PUD-02-05) from the Benjamin Private School, Inc., for approval of an amendment to a previously-approved Planned Unit Development (PUD) (Ordinance 30, 2000), known as the Benjamin Private High School to allow the modification and increase to the on-site upland preserve area, the off-site mitigation of the wetland preserve area, relocation and redesign of the athletic fields, relocation of the field house and associated parking, and minor modification to the approved architectural elevations, located approximately one- half mile south of Donald Ross Road on the west side of Central Boulevard, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, the subject site is zoned Planned Unit Development (PUD) Overlay with an underlying zoning of Public/Institutional (P/I) and a land-use designation of Residential Low (RL); WHEREAS, on October 22, 2002, the City’s Planning and Zoning Commission held a public hearing and recommended approval of the subject petition; and Date Prepared: December 22, 2002 Ordinance 4, 2003 WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The City Council hereby approves the application of Benjamin Private School, Inc., for an amendment to the Benjamin Private High School Planned Unit Development, to allow the modification of and increase to the on-site upland preserve area, the off-site mitigation of the wetland preserve area, relocation and redesign of the athletic fields, relocation of the field house and associated parking, and minor modification to the approved architectural elevations, located approximately one- half mile south of Donald Ross Road, on the west side of Central Boulevard. SECTION 3: Said amendment to the Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: Prior to issuance of the first building permit, the applicant shall perform a detailed design of the south Grande Flora right-of-way line to verify that a maximum 3 to 1 (horizontal to vertical) slope to the existing preserve shall be obtained. Should the slope exceed 3 to 1, the applicant shall provide a retaining wall with a pedestrian handrail, which shall be reviewed and approved by the City Engineer prior to construction. (City Engineer) °The applicant shall be required to shield all light fixtures within the recreational areas from direct glare onto the adjacent residential properties. In addition, the applicant shall limit spillover to 0.5 foot-candles at the nearest residential property line. (City Engineer) o Required digital files of approved plat in its entirety transformed to NAD 83 State Plan Coordinate System shall be submitted to the Planning and Zoning Division prior to issuance of the first building permit. Approved civil engineering as-built design and architectural drawings shall be submitted to the Planning and Zoning Division prior to issuance of the first Certificate of Occupancy. (GIS Manager and Development Compliance) If any utility installations, grade changes, or other modifications to the site should cause the on-site upland preserve acreage to become less than 8.96 acres, the applicant shall return to the City Council for review and approval of a PUD amendment to address upland preserve mitigation. (City Forester) Condition No. 1 of Ordinance 30, 2002, shall be amended to read, "r~i,or tc, iaaua.nce ,of the ;v~ichever firat cccura Within six (6) months from the issuance of the clearing permit, the Date Prepared: December 22, 2002 Ordinance 4, 2003 applicant, successors or assigns shall install and maintain in perpetuity, the Parkway System, including landscaping, irrigation, lighting and related amenities to City specifications per the citywide streetscaping beautification program, in the road shoulders and median within the right-of-way, along Central Boulevard and the future East-West Roadway. The City shall require as a condition of approval of any new project located on the east side of Central Boulevard, across from subject site, that they bear the proportionate share of the cost of the continued maintenance thereof. In the event a Special Parkway District is formed by the City of Palm Beach Gardens, or another entity, pertaining to the roadway maintenance around this project, the property owner, or its successors, shall immediately become a member of said district. The exact location of irrigation lines and electrical sleeving shall be determined at time of construction plan approval. (City Forester) 6. All previous conditions of Ordinance 30, 2000, shall remain in effect. (Planning & Zoning) SECTION 4: City Council hereby grants the following waivers with this approval: A waiver to allow building permits for excavation and fill and vertical structure to be issued prior to plat approval. Section 78-441(c) requires boundary plat approval prior to issuance of a building permit; and 2.A waiver to allow all parking spaces, except handicap parking spaces, to be 9.5’ wide x 18.5’ long. Section 78-344(1)(1) of the LDRs requires 10’ x 18.5’ parking spaces. SECTION 5: Amendment to the Benjamin School Planned Unit Development shall be in compliance with the following plans on file with the City’s Growth Management Department: 2. 3. 4. 5. 6. 7. December 20, 2002 Master PUD Site Plan, Urban Design Studio, sheets SP-1 through SP-4. December 20, 2002 Landscape Plans, Urban Design Studio, sheets 1 through 5. December 20, 2002, PUD Parkway Plan (sections and plan views), Urban Design Studio, Section A-A. June 3, 2002, PUD Parkway Plan (sections and plan views), Urban Design Studio, Sections C-C, and D-D. April 4, 2002, Architectural Elevations and Plans, Schwab, Twitty, and Hanser, Sheets A1.1.0 through A 3.7.1, 23 sheets. December 20, 2002, Conceptual Drainage Plan, Schaefer, Fagan, 2 sheets. April 13, 2002, Boundary and Topographic Survey, Schaeffer Fagan, 2 sheets. December 19, 2002, Site Photometric Plan, KAMM Consulting, 7 sheets. SECTION 6: If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. 3 Date Prepared: December 22, 2002 Ordinance 4, 2003 SECTION 7: This approval expressly incorporates and is contingent upon representations made by the applicant’s agents at all workshops and public hearings pertaining to this project. SECTION 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 9: This ordinance shall become effective upon the day of adoption. PASSED, FIRST READING this PASSED, SECOND READING this PASSED, ADOPTED AND APPROVED this day of ,2003. day of ,2003. day of ,2003. [This space is left blank intentionally.] 4 SIGNED: Date Prepared: December 22, 2002 Ordinance 4, 2003 MAYOR JABLIN COUNCILMEMBER CLARK VICE MAYOR SABATELLO COUNCILMEMBER RUSSO ATTEST: COUNCILMEMBER DELGADO I HEREBY CERTIFY that I have approved this ORDINANCE as to form. PATRICIA SNIDER, CITY CLERK LEONARD RUBIN, CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT GM on Pbg.../JHolloman/folder Benjamin school/PUD-02 05 Benj schl Ord.doc EXIt[BIT A LEGA~L DESC~TION PARCEL ON CENTRAL BOULEVARD A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE .PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF DONALD .ROSS ROAD WiTH THE WEST RIGHT-OF-WAY. LINE OF CENTRAL BOULEVARD; THENCE, SOUTH 00"48’04" WEST, ALONG SAID VVEST RIGHT-OF-WAY LINE, A DISTANCE OF 1269.31 FEET FOR A POINT OF BEGINNING. " THENCE, CONTINUE SOUTH 00°48’04 ’’ WEST ALONG SAID Wi~ST RIGHT-OF-WAY LINE, A DISTANCE OF 2335.74 FEET; THENCE, NORTH 89°11’56" WEST, DEPARTING SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF e~,95_..E_E..E~....TO .THE .INTERSECTION THEREOF WITH THE WEST LINE OF THE SOUTH ONE-HALF OF SAID SECTION 25; THENCE, NORTH 01°17’32 ’’ EAST,ALONG SAID WEST LINE OF SECTION 25, A DISTANCE OF 1050.56 FEET TO THE WEST ONE-QUARTER CORNER OF SAID SECTION 25; THENCE, NORTH 01 °20’3~’.EAST, ALONG.THE WEST LINE OF THE NORTH ONE-HALF OF SAID .SECTION 25, A DISTANCE OF 1274.76 FEET; THENCE, SOUTH 89"51’04" EAST, DEPARTING SAID WEST LINE OF SECTION 25, A DISTANCE OF 923.93 FEET TO THE POINT OF BEGINNING. .. Ordinance 30, 2000 Date Prepared: December 8, 2000 ORDINANCE 30, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF THE BENJAMIN PRIVATE SCHOOL, INC., FOR REZONING OF 50 ACRES OF LAND, LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF CENTRAL BOULEVARD AND AN UNNAMED FUTURE EAST-WEST ROAD AS MORE PARTICULARLY DESCRIBED HEREIN, FROM PLANNED DEVELOPMENT AREA (PDA) TO PUBLIC/INSTITUTIONAL (P/I) WITH A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY, IN ORDER TO CONSTRUCT A 187,671 SQUARE FOOT PRIVATE HIGH SCHOOL CAMPUS; PROVIDING FOR WAIVERS;PROVIDING FOR CONDITIONS OF APPROVAL;PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from The Benjamin Private School, Inco, for approval of rezoning of 50 acres of land located at the northwest corner of the intersection of Central Boulevard and unnamed future east-west road from Planned Development Area (PDA) to Public/Institutional (P/I) with a Planned Unit Development (PUD) overlay as more particularly described in Exhibit "A" attached hereto; WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the planned unit development (PUD) known as "The Benjamin Private Upper School"; and WHEREAS, the City’s Planning and Zoning Commission has reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions. Ordinance 30, 2000 Date Prepared: December 8, 2000 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby rezones 50 acres of land owned by The Benjamin School, Inc., located at the northwest corner of the intersection of Central Boulevard and unnamed future road, as more .particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, from Planned Development Area (PDA) to Public/Institutional (P/I) with a Planned Development (PUD) overlay, in order to allow the construction of a 187,671 square foot private high school campus. The PUD will be known as "The Benjamin Private Upper School." SECTION 2. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors or assigns: (2) (3) Prior to issuance of the certification of completion for the athletic fields or the first certificate of occupancy, whichever first occurs, the applicant, successors or assigns shall install and maintain in perpetuity, the Parkway System, including landscaping, irrigation, lighting and related amenities to City specifications per the citywide streetscaping beautification program, in the road shoulders and median within the right-of-way, along Central Boulevard and the future East-West Roadway. The City shall require, as a condition of approval of any new project located on the east side of Central Boulevard, across from subject site, that they bear the proportionate share of the cost of the continued maintenance thereof. In the event a Special Parkway District is formed by the City of Palm Beach Gardens, or another entity, pertaining to the roadway maintenance around this project, the property owner, or its successors, shall immediately become a member of said District. The exact location of irrigation lines and electrical sleeving shall be determined at time of construction plan approval. (City Forester) Prior to the issuance of Certificate of Occupancy, all exotic vegetation shall be removed from the site. (City Forester) Prior to the issuance of first building permit, the applicant must submit a letter from Northern Palm Beach County Improvement District (NPBCID) that verifies the release of all ties/holdings that 2 (4) (5) (6) (7) (8) Ordinance 30, 2000 Date Prepared: December 8, 2000 NPBCID has or plans to have in the future with the lakes on the Benjamin School site. All lakes will be required to remain privately owned and shall be maintained in accordance with a management plan consistent with section 117 of the City’s LDRs. The management plan must be submitted by the applicant and approval by the City Engineer prior to the first certificate of occupancy. (City Engineer, Planning & Zoning) No building permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Unit 2 has received final approval from the City of Palm Beach Gardens and all other applicable governments and agencies, including a schedule for implementing the plan and a definitive commitment for funding from the required improvements, unless .otherwise approved by the City Engineer. (City Engineer, Planning and Zoning) The build-out date of this project is December 31, 2004 as referenced in their March 10, 1999 traffic impact analysis. For the purposes of this condition, the project shall be considered built-out if the student enrollment has reached the level as indicated in the traffic impact analysis, or 50% of square footage approved by this ordinance is completed. (Planning and Zoning) The number of students shall not exceed 490 as indicated in the traffic impact analysis. Enrollment shall be verified by City staff. An annual report indicating the number of students shall be submitted to the City on or before December 31= of each year. Prior to the issuance of the permit for site drainage, the City shall review and approve construction details for littoral zones, including their location, slopes and vegetation. As a requirement, at least 50% of the shoreline shall be planted with wetland trees and/or aquatic plants at ten square feet of littoral zone for every one linear feet of shoreline. There shall be a minimum of one tree for every 80 square feet and plants shall be on three-foot centers, minimum. A sum total of area(s) constituting no less than 15% nor more than 25% of the total shoreline distance shall be constructed as littoral shelf at the ratio of 10 square feet of shelf per running foot of shoreline. (City Engineer) Prior to issuance of the first certificate of occupancy, the applicant 3 Ordinance 30, 2000 Date Prepared: December 8, 2000 shall submit all legal documents pertaining to ownership and maintenance of the property to the City for review by the City’s legal counsel and the City Forester. (Planning and Zoning, City Engineer) (9)The open space/landscape maintenance and environmental preserve management plan shall be found sufficient by the City Forester prior to final approval of construction drawings or commencement of land alteration. The City shall review documents for landscaping maintenance and management language that meets or exceeds the City’s guidelines included in the City’s Landscape Handbook and City Codes. (Planning and Zoning) (10)The City will assess the Developer a pro-rata share of the City’s cost to review and comment on Northern Palm Beach County Improvement District’s (NPBCID) Unit 2 Environmental Resource Permit Modification based upon the project’s acreage within NPBCID’s Unit 2. (City Engineer) (11)Prior to issuance of the first building permit, the petitioner shall submit construction plan drawings that indicate a sidewalk alon.q the southern side of the East-West Road right-of-way, in accordance with the LDRs. SECTION 3. The following waivers are hereby granted with this approval: Section 76, to allow for a 53 foot high structure to exceed code requirement by 8 feet. ¯Section 180 (3), Number of.Parking Spaces in excess of 10% required parking. ¯Section 282, Lake Maintenance Tract, to allow for vertical structures within the 25 foot Lake Maintenance Easement. SECTION 4. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City’s Growth Management Department: Date Stamped November 29, 2000 Master Site Plan, Urban Design Studio, Sheets SP-1 through SP-3. September 7, 2000 Engineering and Landscape Plan, Urban Design Studio, 1 Sheet. October 3, 2000 Landscape Plans, Urban Design Studio, 4 Ordinance 30, 2000 Date Prepared: December 8, 2000 o 9. 10. 11. 12. 13. Sheets 1 through 6. September 8, 2000 Plant List and Detail Sheet, Urban Design Studio, 1 Sheet. September 7, 2000 PUD Parkway Plan, Urban Design Studio, 12 Sheets. April 5, 2000 Architectural Elevations and Plans, Schwab, Twitty and Hanser, Sheets A-1.1.1 through A-3.1.3 and A- 3.1.5. August 9, 2000 Architectural Elevations, Schwab, Twitty and Hanser, Sheet A-3.1.4. July 6, 2000 Sports Complex Lighting Design, Hubbell Lighting, 1 Sheet October 2, 2000 Photometric Plan, AGI, 1 Sheet October 6, 2000 Conceptual Drainage Plan, Scheaffer and Fagan, 2 Sheets. April 13, 2000 Boundary and Topographic Survey, Benchmark Surveying, 2 Sheets. March 10, 1999 Traffic Impact Analysis, Kimley - Horn Associates, 17 pages March, 1999 Environmental Assessment, E.W. Consultants, 16 pages. SECTION 5. if any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 6. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THE 2nd DAY OF NOVEMBER 2000. PLACED ON SECOND READING THIS DAY OF I(/IA~f~I(~S~’PH R. RUSSO DAY OF 5 ~ 200~. 200 .. ~ADO Ordinance 30, 2000 Date Prepared: December 8, 2000 INTERIM GITY CE_.ERK ~RPRe.~ED AS’TO LEGAL FORMAND SUFFICIENCY BY: CITY ATTORNEY VOTE:AYE MAYOR RUSSO .~" VICE MAYOR JABLIN J COUNCILWOMAN FURTADO ,,~ COUNCILMAN CLARK .~" COUNCILMAN SABATELLO J \\FILE_SRV~COMPROG\Short Range\pud0001orl NAY ABSENT 6 ~IT A ¯ LEGAL DESCRIPTION PARCEL ON CENTRAL BOULEVARD A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORID& BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF DONALD .ROSS ROAD WITH THE WEST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD; THENCE, SOUTH 00°48’04 ’’ WEST, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1269.31 FEET FOR A POINT OF BEGINNING. THENCE, CONTINUE SOUTH 00°48’04 ’’ WEST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 2335.74 FEET; THENCE, NORTH 89°11’56" WEST, DEPARTING SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 944.95 FEET TO THE INTERSECTION THEREOF WITH THE WEST LINE OF THE SOUTH ONE-HALF OF SAID SECTION 25; THENCE, NORTH 01°17’32 .’ EAST, ALONG SAID WEST LINE OF SECTION 25, A DISTANCE OF 1050.56 FEET TO THE WEST ONE-QUARTER CORNER OF SAID SECTION 25; THENCE, NORTH 01°2~37" EAST, ALONG THE WEST LINE OF THE NORTH ONE-HALF OF SAID SECTION 25, A DISTANCE OF 1274,76 FEET; THENCE, SOUTH 89°51’04" EAST, DEPARTING SAiD WEST LINE OF SECTION 25, A DISTANCE OF 923.93 FEEl" TO THE POINT OF BEGINNING. ::CITY OF PALM 7~DENS PROJECT NAI;IRATIVE: PLANNING ~ ZONING D BENJAMIN PRIVATE HIGH SCHOOL sIua I0 AMENDMENT REQUEST APRIL 12, 2002 Request/Location This is a request for a Planned Unit Development amendment for the Benjamin High School. The Benjamin Private High School is a 50 acre tract of vacant land located on the west side of Central Boulevard Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics approximately ½ mile south of Donald Ross Road. East of the site is the campus of Dwyer High School. The current zoning is P/U-PUD with a land use designation of RL. To the north and south of the site are vacant lands with the PDA zoning designation. The purpose of this request for a PUD amendment is to allow for the off-site mitigation of the wetland preserve area; relocation and redesign of the athletic fields; and the relocation of the field house and associated parking. The wetland preserve area that is being relocated will be mitigated off-site to Unit 11. By eliminating the wetland preserve this will allow for expanded open space and recreational area for the school. The athletic fields will now be regulation size fields. The combination of gymnasium and field house will allow all of the buildings and parking to be located at the west side of the property away from the street. The property is owned by The Benjamin Private School, Inc. The Benjamin Private School intends to develop the entire 50-acre parcel as a private high school campus which will include 72,312 square feet of classrooms and labs, 29,267 square feet of performing arts facilities, 17,290 square feet of administrative and media center facilities, 52,194 square feet of physical education facilities and field house, 11,187 square feet of food service facilities, one soccer/track field; one softball field; one baseball field; a soccer/football field; and four tennis courts. There is a proposed decrease in square footage of 9,191 square feet. The decrease in square footage is based on the consolidation of the field house and gyrrmasium. Up to 490 students are expected to attend the private high school. The performing arts facility has a seating capacity of 750 seats. The football/soccer field has a seating capacity of 490 seats. The performing arts facility and the athletic field will not be used simultaneously or during school hours. History - The Benjamin Private High School Planned Unit Development (PUD) application was approved Ordinance No. 30, 2000 in December 2000. The concurrency for the PUD request was granted May 8, 2000. This request is consistent with the Forbearance Agreement adopted by the City Council on April 15, 1999. G:\COMMONX.lobs~Benjamin SchoolLPUDAmend02WUDAppLtr.041102.wpd LCC35 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409 561.689.0066 561.689.0551 fax Irvine, CA 714.489.8131 Benjamin High School PUD Amendment Application April 12, 2002 Page 2 Compliance/Land Use This is a request for an amendment to a previously approved PUD. The modifications requested are in compliance with all of the elements of the City’s Comprehensive Plan. The request, meets all adopted levels of service within the City. The site has a future land use designation of RL and a zoning designation of Public or Institutional - Planned Unit Development. East of the site is the campus of Dwyer High School, which has a future land use designation of Public (P) and a zoning designation of Public or Institutional (P/I). To the south is the San Michele PUD single family home project. To the west of the site is vacant lands with the PDA zoning designation and RL future land use designation. To the north is a vacant piece of land with a PDA zoning designation and a Mixed Use (MXD) future land use designation. Phasing Development of this project is planned in one phase. Access The main entrance to the site will be from the future east-west road between the San Michele PUD neighborhood and the subject site. The construction of the road will be part of the construction of the high school facilities. A secondary entrance is also proposed from the future east-west roadway. It is anticipated that this will service students driving to the site. Another entrance is proposed from Central Boulevard. This entrance will be used when athletic activities are planned during the off-school hours. When athletic activities are not planned, this entrance will be gated in order to provide limited access to and from the school during school hours. This Central Boulevard entrance will not be used for entrance to the school during school days. Deceleration lanes are proposed on the southbound Central Boulevard leading toward the future east-west roadway and the athletic fields entrance to the school site. Left turn lanes are also proposed for entrance into the east-west road and the athletic fields entrance. ¯ EXISTING USE ZONING FUTURE LAND USE SUBJECT PROPERTY: Benjamin High School - Vacant P/I - PUD RL TO THE NORTH: Vacant PDA ~XD TO THE SOUTH: San Michele PUD TO THE EAST: Dwyer High School TO THE WEST: Vacant PUD with underlying RL-3 P P/I PDA RL G:\COMMONXJobs~Benjamin Sehool~PUDAmend02~PUDAppLtr.041102.wpd LCC35 Benjamin High School PUD Amendment Application April 12, 2002 Page 3 Architectural Style The high school is designed in a Contemporary style featuring stucco buildings with towers and flat concrete tile roofs. As part of this application there have been minor ch.anges to the architecture, however the style of architecture is the same. The roof styles include mansard and hip. All rooftop equipment will be screened. The color of the buildings will be peach and white, as indicated in the submitted renderings. The school facilities will be one and two stories in height. The gymnasium and performing arts facility will be larger in height. The midpoint of the roof of the flyloft of the performing arts facility will be 50 feet in height. Lighting Twenty-five foot light poles are provided within the parking and drive aisles within the school campus. As indicated in the attached photometric plans, the lighting plan conforms with the City Code lighting requirements. On the athletic fields, 70-foot light poles are provided. The tennis courts will have 35-foot poles. The lighting for the athletic facilities will be installed to directed the light onto the subject facilities. There will be no light shining on adjacent properties. Landscape Plans This application includes significant preservation of upland species. A 100-foot upland preserve and parkway is proposed along Central Boulevard. Along the future east-west roadway, a 25-foot boundary incorporating the existing upland habitat is proposed. Along the western boundary, a 25-foot FPL easement is proposed. In addition to this easement, a 10-foot landscape buffer is proposed. Within the school campus, royal palms, cabbage palms, live oaks, satinleafs and green buttonwoods are used to provide accent and shade for the students and employees within the campus. The school colors of orange and blue will be highlighted on campus through the use of flowering trees, accent plants and flower beds. City Codes require 72,048.2 landscaping points to meet code requirements. We are provided 92,567.3 landscaping points on the submitted landscape plan. Parking The current City parking for schools is one space per classroom, plus 1 space,per 250 s.f. of office, plus one space per three students. There are 59 classrooms (including language, media, computer and biology labs) and 17,290. s.f. of office space proposed, in addition to the -490 students. Under this calculation, 293 parking spaces are required pursuant to the City Cod_e. The high school is proposing 324 parking spaces. The number of parking spaces provided on the site plan was determined through experience at the current Benjamin Upper School. Most of the senior students drive and a significant portion of the juniors also drive. For the younger students, parents drop-offthe students at school. There G:\COMMONKlobs~enjamin School~PUDAmend02kPUDAppLtr.041102.wpd LCC35 Benjamin High School PUD Amendment Application April 12, 2002 Page 4 is no bus service provided by the school. However, in the past, some parents have hired private van services to pick up and deliver students to the school. In addition to the student population, the campus also features athletic fields and a performing arts auditorium. The performing arts facility has a seating capacity of 750 seats. The football field has a seating capacity of 500 seats and the gymnasium has a capacity of 700. The performing arts facility, gyrrmasium and the athletic fields will not be used simultaneously or during school hours. Because there will not be overlapping activities, there will be sufficient parking for all the proposed uses on the site. Signage No signage is proposed at this time. When a signage program is developed, it will be submitted to the City for its review and approval. Drainage The previously approved wetland was intended to treat run-off water prior to being released from the site. In order to do this, the overall campus and athletic fields would need to be filled by an additional two (2) feet. Upon completion of the Unit 2 drainage study, it was determined that filling the site to that degree was in conflict with the Unit 2 drainage study parameters. Therefore the concept of filling the site to force a transitional pine flatwoods (hydric) to become a pretreatment "wetland" was abandoned by the client and the jurisdictional agencies. The area previously described as "wetland" shall be supplementally planted to enhance its upland characteristics. G:\COMMONUobs~Benjamin SchoolWUDAmend02kPUDAppLtr.041102.wpd LCC35 WAIVER REQUEST Benjamin High School PUD Amendment October 14, 2002 eslan Parking Stall Width The applicant is requesting a waiver from Section 78-344(1)(1)a which requires that a standard parking space be a minimum of 10 feet wide. The applicant is requesting that the parking space width be reduced to 9.5 feet as provided for in Section 78-344(1)(1)c, and which is subject to City Council approval. The proposed development is a Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics high-school facility with limited parking lot activity similar in nature to an office building. Once cars are parked, they do not typically move until the end of the school day. This low turnover rate lends itself to the smaller parking spaces, and provides the applicant with an opportunity to increase the open space on the site. In accordance with the Land Development Regulations, when a request is made to reduce the width of parking spaces, additional open space must be provided at the ratio of 1.5 sf for each sf of parking area that is reduced. The reduction of paved area for the required parking is 2710.25 square feet. (9.25 sfx 293 spaces). The additional open space required is 4065.37 sf( 2710.25 x 1.5). The proposed plan with 9.5 foot spaces allows the applicant to provide an additional 4100 square feet of open space. In addition, the proposed plan provides in excess of 70 % open space overall which exceeds the 35% minimum by almost 30 acres. Permits Prior to Platting The applicant is requesting a waiver from Section 78-441(c) to allow building permits be issued prior to the plat being recorded. The applicant would like to be allowed to start excavation and fill operations prior to the plat being recorded. The review and approval of this amendment has taken longer than the applicant had anticipated and approval of this request will allow the applicant to proceed with site preparation work in keeping with the construction and scheduled opening of the school. It is the applicants intent to have the plat recorded prior to vertical construction permits being issued. 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409 561.689.0066 561.689.0551 fax Irvine, CA 714.489.8131 ["I .F"IOIT I’IDU TO:Jackie Hollom FROM:Anne Booth /~--/ DATE:December 20, 2002 SUBJECT:Benjamin High School - Response to Engineering Comments urban des an sludl’o Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics Please accept the following responses to Sean Donahue’s memo dated December 12, 2002. Sean’s comments are in bold, with our responses following: Conditionally Satisfied. The applicant has submitted a revised Photometric Plan consistent with the PUD amendment request meeting the requirements of LDR Section 78-182. The City’s LDR’s do not address sports lighting. Therefore, we recommend the following Development Order condition of approval, "The applicant is required to shield all light fixtures within the recreational areas from direct glare onto the adjacent residential properties. In addition, the applicant shall limit spillover to O.O foot-candles at the nearest residential property line." It is our understanding that the code allows a spillover limit to 0.5 foot- candles, and that the reference above to 0.0 is an error. The applicant will agree with this condition with the understanding that the light-level limit is 0.5. The applicant is proceeding with amending the photmetric plan to comply with this requirement, and will provide the updated plan to the staffprior to the City Council meeting. g Satisfied ...... Not Satisfied. It is our understanding that the applicant will revise the LME to extend around the southern lake, as was shown in the sketch attached to our October 10, 2002 memorandum. Attached are amended Site, Landscape and Conceptual Engineering plans which have been modified to reflect the location of the LME. 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409-6582 561.689.0066 561.689.0551 fax Irvine, CA 714.489.8131 Ms. Jackie Hollowman - Benjamin High School Page 2 December 20, 2002 Not Satisfied. The applicant has provided littoral plantings outside of the LME, while maintaining access to Lake #1. However, littoral plantings/shelves have not been provided for Lake #2, to the north of the project. In accordance with an understanding with the City Forester, the northern lake has been classified as a conveyance canal and as such is not required to provide littoral plantings. Comments 5 through 7 are previously satisfied. Not Satisfied. The applicant is proposing 9.5-foot wide standard parking spaces and has requested a waiver from LDR Section 78-344, which requires parking spaces to be a minimum 10-feet wide. Please note that we remain in support of the City’s LDR requirements. The applicant understands the position of the City Engineer in this regard. Comments 9 through 14 are previously satisfied. 15.Not Satisfied. The applicant has revised the Typical East/West 80’ Roadway cross section shown on the Conceptual Drainage Plan to reflect that the required compaction fro the base and subgrade and show the 6-foot sidewalk on the south side of the roadway, consistent with the Site Plan. However, the detail shows a 3 to 1 (horizontal to vertical) slope to the existing preserve without having topographic information for the preserve. Therefore, we recommend the following Development Order Condition, "Prior to issuance of the first building permit, the applicant will perform a detailed design of the south Grande Flora right-of-way line to verify that a maximum 3 to 1 (horizontal to verticaO slope to the existing preserve shah be obtained. Should the slope exceed 3 to 1 the applicant shall provide a retaining wall with a pedestrian handrail." Please note that the Paver Brick Detail on the Conceptual Drainage Plans specifies 1-inch of sand while the detail on the Site Plan specifies 1.25 inches of sand. The applicant needs to revise the plans to be consistent. The applicant will agree to this condition. Attached are amended Site Plans which have been modified to match the engineering plans. Ms. Jackie Hollowman - Benjamin High School Page 3 December 20, 2002 Comments 16 through 19 are previously satisfied. 20....... Not satisfied. The applicant provided cross sections for the stabilized accesses, including the IS-foot sidewalk, which will have a stabilized 20 foot width. However, the entrance to the is sidewalk from Buccaneer Way is indicated on the Site Plan to be blocked by bollards, which will prevent easy access during an emergency and need to be removed. The proposed bollards are designed to be easily removed to provide access to the sidewalk. It is, however, the desire of the applicant to discourage the students from driving on the sidewalk and would like to maintain the bollards as a visual deterant. 21.Not satisfied. The applicant revised the cross-sections in accordance with the previous comments, however, both the plan view and cross- section still refer to wetland areas, "Wetland areas to be supplementally planted..." This needs to refer to the Upland Preserve. It was the intent of the note to identify the area being planted and thereby distinguishing it from the area that is not being planted. Attached is an amended section which we hope clarifies the notation and states: Preserve Areas (Formerly Described As Wetland Areas) to Be Supplemented With Native Facultative Plants Indigenous to South Florida. Comments 22 through 25 are previously satisfied. 26.On the Conceptual Drainage plan the applicant has eliminated the three proposed catch basins at the south entrance to the 24-foot access road and replaced them with 100-feet of 18 inch CAP into the southeast corner of lake #1. This culvert does not appear to be connected to a drainage system. The Conceptual Drainage plans have been amended to correct the referenced drafting error. With this submission, attached please find 3 sets of reduced plans, 8 full size sets of amended plans, a disk which includes the powerpoint presentation, and a list of the current plans proposed for approval. It is the applicants hope that this application can be placed on the January 16, 2003 City Council agenda for first reading. Should you have any questions, or need any additional copies, please let me know. The following plans are currently on file for consideration of approval for Benjamin High School: 2. 3. 4. 5. 6. 7. 8. December 20~ 2002 Master PUD Site Plan, Urban Design Studio, sheets SP-1 through SP-4 December 20, 2002 Landscape Plans, Urban Design Studio, sheets 1 through 5. December 20, 2002, PUD Parkway Plan (sections and plan views), Urban Design Studio, Section A-A June 3, 2002, PUD Parkway Plan (sections and plan views), Urban Design Studio, Sections C-C, and D-D April 4, 2002, Architectural Elevations and Plans, Schwab, Twitty, and Hanser, Sheets A1.1.0 through A 3.7.1, 23 sheets. December 20, 2002, Conceptual Drainage Plan, Schaefer, Fagan, 2 sheets. April 13, 2002, Boundary and Topographic Survey, Schaeffer Fagan, 2 sheets. December 19, 2002, Site Photometric Plan, KAMM Consulting, 7 sheets. ODNSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPHNG GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286-3883 Fax (561) 286-3925 www.lbfh.com MEMORAND UM TO:Jackie Holloman FROM:Sean C. Donahue, P.E. DATE:December 30, 2002 FILE NO. 99-4043 SUBJECT: The Benjamin School - PUD Amendment We have reviewed the following plans and information received December 23, 2002: ¯Master PUD Site Plans prepared by Urban Design Studio ¯Landscape Plans prepared by Urban Design Studio ¯Conceptual Drainage Plan prepared by Schaefer & Engineers Fagan, Consulting We have the following comments: Conditionally Satisfied. The applicant has submitted a revised Photometric Plan consistent with the PUD amendment request meeting the requirements of LDR Section 78-182. The City’s LDRs do not address sports lighting. Therefore, we recommend the following Development Order condition of approval, "’The applicant is required to shield all light fixtures within the recreational areas from direct glare onto the adjacent residential properties. In addition, the applicant shall limit spillover to 0.5foot-candles at the nearest residential property line. "’ 2. Previously Satisfied. Not Satisfied. The applicant has provided a 20-foot Lake Maintenance Easement (LME) along the southwest side 0fLake #1 and a 10-foot LME along the west side of Lake #I consistent with the sketch prepared by Jonathan Ricketts, Inc. dated December 18, 2002, which was approved by the City Engineer. However, the approved sketch also shows a bulb-out turnaround area with an approximate 17-foot radius at the northwest comer of Lake #1, which needs to be shown on the Site Plan, Landscape Plan, and Conceptual Drainage Plan. o Not Satisfied. The applicant has not provided littoral plantings for Lake #2. The applicant states in their narrative response that the canal has been classified as a conveyance canal and therefore no littoral plantings are required. We agree that the NPBCID canal adjacent to Lake #2 is for conveyance and no littoral plantings are required within the canal easement. However, Lake #2 is a private lake and does require littoral plantings. Per Ordinance 30, 2000, The Benjamin School - PUD Amendment Page 2 of 3 LBFH File No. 99-4043 Section 2, Condition #3, all lakes are to be privately owned and maintained and littoral zones must meet the conditions set forth in Ordinance 30, 2000, Section 2, Condition #7. The applicant needs to revise the Site Plan, Landscape Plan, and Conceptual Engineering Plan to show littoral plantings consistent with Ordinance 30, 2000. Please note that the current plat received December 10, 2002 dedicates tracts L- 1 and L-2 (Lakes) to NPBCID for drainage purposes with perpetual maintenance obligations, which is in conflict with Ordinance 30, 2000. The applicant needs to revise the plat dedication language consistent with Ordinance 30, 2000 in addition to the previous plat review comments dated December 23, 2002. Comments #5 through #7 are previously satisfied. o Not Satisfied. The applicant is proposing 9.5-foot wide standard parking spaces and has requested a waiver from LDR Section 78-344, which requires parking spaces to be a minimum 10-foot wide. Please note that we remain in support of the City’s LDR requirements. Comments #9 through #14 are previously satisfied. 15.Not Satisfied. The Typical East/West 80’ Roadway cross section detail needs to be revised to be consistent with the Conceptual Drainage Plan and Site Plan; which shows the roadway centerline approximately 53 feet from the north right- of-way line (i.e. the roadway centerline is offset within the 80-foot right-of- way). The detail also shows a 3 to 1 (horizontal to vertical) slope to existing preserve without having topographic information for the preserve. Therefore, we recommend the following Development Order Condition, "Prior to issuance of the first building permit, the applicant will perform a detailed design of the south Grande Flora right-of-way line to verify that a maximum 3 to 1 (horizontal to vertical) slope to the existing preserve shall be obtained. Should the slope exceed 3 to 1, the applicant shall provide a retaining wall with a pedestrian handrail subject to review and approval by the City. " The Paver Detail on the Site Plan has been revised and is consistent with the Paver Brick Detail on the Conceptual Drainage Plans specifying 1-inch of sand. Comments #16 through #19 are previously satisfied. 20.Conditionally Satisfied. The entrance to the 15-foot sidewalk/20-foot stabilized emergency access from Buccaneer Way is indicated on the Site Plan to be blocked by bollards, which will prevent easy access during an emergency. The applicant states in their narrative dated December 20, 2002 that the purpose of the bollards is to discourage students from driving on the sidewalk and the bollards are easily removed to provide emergency vehicle access. We recommend that the bollards be deleted from the plans, providing easy access to emergency vehicles, and "pedestrian only" signs are used to discourage students from driving on the sidewalk. However, if the use of bollards are The Benjamin School - PUD Amendment Page 3 of 3 LBFH File No. 99-4043 accepted and approved by the Fire Department, we will have no further comments. 21.Satisfied. The applicant has revised Central Boulevard Buffer Section A-A plan view and cross-section to specify "Preserve Areas" in lieu of wetlands, which is consistent with the Site Plan. Comments #22 through #25 are previously satisfied. 26.Satisfied. The Conceptual Drainage Plan has been revised to eliminate the 18- inch culvert at the southeast comer of Lake #1 as it was an apparent drafting error. The applicant is requested to return a copy of our comments with the applicant’s acknowledgement of each comment and the response. Compliance will expedite the subsequent review. sco/tj CC:Talal Ben0thman Scott Fetterman - Fire Department Mark Hendrickson - City Forester \kPc~Proj ectskPBGMEMO\4043~043x.doc CITY OF PALM BEACH GARDENS MEMORANDUM TO: FROM: SUBJECT: Jackie Holloman, Planner Mark Hendrickson, City Forester PUD-02-05, Benjamin High DATE: December 31, 2002 I have reviewed the petitioners revised plans dated November 15, 2002. They have addressed all of the outstanding issues raised since the Planning and Zoning Commission meeting. I continue to have concerns about utilities and grade changes near the proposed preserve areas, but until the plat and construction drawings are submitted, I will not know if this project can be constructed as submitted. The following my recommended conditions: Please change condition 1 of Ordinance 30, 2000 to read "Within six (6) months from the issuance of the clearing permit," rather than the current language, which requires the roadway landscaping to be installed prior to the certificate of occupancy or completion of the athletic fields. Please add a condition that requires the applicant to return to City Council if 8.96 acres cannot be preserved because of conflicts with private or public utilities or grade changes (transition zones), except for the meandering public sidewalk along Central Boulevard. CITY OF PALM BEACH GARDENS MEMORANDUM TO: APPROVED: FROM: SUBJECT: Jackie Holloman, Planner DATE: January 3, 2003 Scott Fetterman, Deputy Chief, Admimstration~ Benjamin High School (Revised - Dated 12/23/02) The Fire Rescue Department has reviewed the above referenced Site Plan petition and has no adverse comments or concerns at this time. Thank you for your consideration m this matter. Please contact me if you have any questions or any future changes are proposed. 8612612882 15:15 561622 HOLDEN /SCHNEL~PAGE 81 June 26,2002 James F. Schnelle, Jr., P.E. Environmental Management & Engineering 8259 N. Military Trail, Suite 8 Palm Beach Gardens, FL 33410 (561) 622-5549 Mr. Mark Hendrickson, City Forester City of Palm Beach Gardens. 10500 Militan/Trail Palm Beach Gardens, FL 33410 SENT VIA DRAFT Re: Benjamin High School Revised Site Plan Dear Mr. Hendrtckson: We have reviewed your transmittal dated June 11, 2002 and have the following comments: (1) Preserve Area Acreage,- Approved Plan vs. Revised Plan The approved plan dated November 29, 2000 provides an Upland Preserve area of 7.90 acres and a Wetland Preserve area of 4.93 acres for a total of 12.83 acres of preserve_ Note: The City Code states mitigation is not allowed for preserve areas greater than ten (10) acres in size without City Council Approval. The revised plan provides 7.90 acres of preserve or a loss of 4.93 acres of preserve. We feel the approved plan provides a more functional habitat for flora and faunal species than the revised plan received by the City on June 4, 2002. (2) Upland Preserve Area --Revised Site Plan The revised site plan received June 4, 2002 by the City, provides an upland preserve area which contains 2.79 acres of a jurisdictional wetland area originally approve~l in November 29,2000 as the above referenced 4.93 acre Wetland Preserve. The City code requires the highest quality upland habitat be preserved. Hence, it appears the Owner should provide an additional 2.79 acres of upland and/or provide a Restoration Plan for conveding this hydric pine wetland habitat to a pine flatwood upland. (3) Field InvestlgatlonNegetatlon Inventory A field investigation was conducted on June 26, 2002 with Mr, Mark Henddckson, City Forester and Ms. Bonnie Peacock, City of Palm Beach Gardens, 86/26/2882 15:15 561622 HOLDEN /SCHNEL ’AT PAGE 02 Mr, Mark Hendrickson, City Forester June 26, 2002 Page 2 The Wetland Preserve Area is high quality and appears to be in transition from hydrologic impacts due to anthropogenic activities such as wellfielcls, roads, drainage ditches etc. Although supporting an assemblage of wetland plant species, some upland plants such as wax myrtle, runner oak, slash pine, rusty lyonia, gallbemj, chalky bluestem and broomsedge are invading the wetland. We estimate forty (40) percent upland and sixty(60) percent wetland A summary of dominant species observed includes, but is not limited, to the following: Hat Pins Swamp Fern Beak Rush St. John’s Wort Chain Fern Yellow Bachelor Button Broomsedge Wax Myrtle Marsh Fieabane Gallberry Red Root Brazilian Pepper Saw Palmetto Rusty Lyonia Salt Bush Slash Pine Melaleuca Greenbrier Dahoon Holly Marsh Pink Muscadine Grape (4) Site Drainage It appears the proposed preserve area will be used to hold stormwater runoff. Drainage into an upland preserve is not allowed. We request the Owner provide a summary of proposed elevations for the upland preserve and provide a summary of the overall water management system to ensure the proposed restoration area will function as an upland, (6) Restoration Plan We request the Owner provide a Restoration Plan showing species type, proposed planting elevation, number of canopy, sub-canopy and groundcover species to be planted and density/spacing. (6} Cross-Section Request the Owner provide a cross-section from the proposed ballfield to Central Boulevard.. (7) NPBClD Request the Owner provide an overview of the effect, if any, of the NPBCID Unit 2A project on this site plan. 06/26/2~2 15:15 561622 HOLDEN/SCHNELL PAGE ~3 Mr. Mark Hendrickson, City Forester June 26, 2002 Page 3 (8) Jurisdictional Agency CorrespondencelERP Request the Owner provide copies of the ERP modification describing the mitigation to be provided for the filling of wetlands and any copies of Judsdictioanl Agency correspondence related to this project since November, 2000. We appreciate the opportunity to provide Consultant services to you and stand ready to assist you in any way we can. tSchnelle, Jr., P.E. Cc: Ms. Bonnie Peacock, City of Palm Beach gardens Site Donald ROSS Rd 0m $89°51’04"E 923.93’ Palm Beach Gardens, Florida Engineering/Landscape ..Plan ..... m i I ¯ ,: I enjamln Sc ool Palm Beach Gardens, Florida / --:[f’,~n,~ IMaster P.U.D. Site Plan SP 1 of.~/--~’~llfl!,h J Segment of ConceptualThoroughfare PlanCO~CREE LrrlUl~ POLE (TYP.)J25’ FPL Easem!nt /2., ~ ~N~~ ..........~ WATERLCURB~ I -Maneuverability Area!;LLU¯ding #1 *Building #2 Adminis ration/Media Performin,q Arts ~290 SF 31,290 SF ALLI JRB! I m ,~E’=,,Building #4 Classrooms 20,048 SF Fountain Two Story 20’ LME LAKE 1 1,48 ACRES @ CONTROL CONTROL ~,; EL. t2.00 Bbilding #5 Cqassrooms 27,390 SF Two Story II IL Food Service 1 Story ~’I0.0’ U1TORAL SHELF" ..~=_~’ Access Road LECTURE HALL Central Boulevard Chiller ,o,, ,en=am=n Palm Beach Gardens, Florida ,Master P.U.D. Site Plan SP-2 of 70NING -PDAVACANT E ~IGER P/12’ SEACOAST EASEMENT N01°20’37"E 1050.56’N01°20’37"E 1274.76’F ,"l 6’ BI LAND USE - P ZONING - P/I WILLIAM T. DWYER HIGH SCHOOL Palm Beach Gardens, Florida Master P.U.D. Site Plan SP-3 of 4 BRIGf R PROPERTYFPractice Field Central 6’ Black Coated Chain Link Fence0 LANDSCAPE BUFFER-..,~Baseball Pra 3ccer Field Boulevard Scoreboard 20’ LMELAKE 2@ CONTROLCONTROLEL. 12.00Canal Bank to beRemoved as Part of theN.P.B.C.I.D. Permit.CONTROLEL. 12.0O l’ 8.00’ IiENT TEMPORARY CONTROL STRUCTURE--’~--~,~. LAKE ACREAGE ACREAGE=2.27 TEMPORARY 20’ LME ~12"W.M.FP&L EASEI~ENT N00°48’04"E 2335.74’ V IIIIIIIIIII;IIIIII!!Io TO BE REMOVED WITH UNIT Z~.~ /1 TEMPOt; OUTFALL TO BEUPON UF IMPROVE PARCl 4.00/ RE’TENTIOI RE~ PA, DWYER HIGH "=’= ....l E~’[_~_~.__T,,~’ SCHOOL m m LFUTURE Benjamin School Palm Beach Gardens, Florida Master P.U.D. Site Plan’ SP-4 of 4 Segment of ConceptualThoroughfare PlanCONCREIEU"#ILI’F( POLE (WP.)25’ FPL EasementBuilding #1Administration/Media -Manauvemblllty AreaBuilding #2Performing Arts,,31,290 SF Buil~Fieh Physi~ 20’ I-ME I 20’ I LAKE 1 1.48 ACRES @ GONTROL CONTROL EL. 12.00 ~ Nola; ~ ~’u~ll be a minimum and proi~Nd ou’~ll pil~,~ I ® ® ® Building #5 Classrooms 27,390 SFTwo Sto~y Building #4 Lab Classrooms 20,048 SF Tw~ Sto~ ® ® Building #6 Classrooms / I-abs, 23,856 Building #7 Food Service H; FIRE ACCE 3IS ’ CONCRETI Palm lLandscape Plan Sheet I of 5 ~ I,’~- ~ ¯ SEACOAST EASEI~ENT N01°20’37"E 1050.56’N01°20’37"E 1274.76’BuildField RRE //#3 ~.~.6 Stud=ent..P, arking= Bus Loop STABALIZ~D SUBGRADE FOR FIRE ACCESS LANDSCAPE~Scoreboard Softball ~ Removable Bo~lards V~nd ~ndicap Ramp .. ,1 I-- Pool A+ ~cer :i~ d FPracticeFiel~l Benjamin High School ~racticeField ¯Baseball Practi~Field J Central B~rd Scoreboard ~.20’ LMELAKE 2EL, 12.00CONTROLEL. 12.00TEMPORARYCONTROLSTRUCTURE~~TEMPORARYLAKE ACREAGEACREAGE = 2~7 -~ TEMPORARY 20’ LME TO BE REMOVED WITH UNIT -12" W,M.FP&L EASEMENT N00°48’04"E 2335.74’ L DWYER HIGH SCHOOL IIIIII I I TEMPORARYO~TFALL STTO’, BE REM,URON UNITIM =ROVEMEFPARCEL 4.00/4.0 RETENTION PON[ (OFFIClN- RECORD E 7, PAOE 345 IRE CB ,; Benjamin High School ’,’~ i,,,~Palm Beach Gard.ens, Florida Landscape Plan Sheet 3 of 5 ~ ~ ’~ ’~’~ ~ I , .! +:,l. l<~l,l, ’1 ’ !l ’!!l!t+!l! I+ ++! I’+ + P+! IIi +I++ l,<lr’! I +.,1 +,,,, I,!+h !++~i + ,.,!l+++,,h++l.ll,ll+, ,l 11 t ,,l++ll +1++ l...,,,, ,+,,,. + + I < ~ i I l l l ’I . I I ’ " I I I I +,+1+’’’+,.+, I Palm BeachGardens, I ~..+s+~++ +~.~ +~.- m m m0Zm ~~m (nITIC) Benjamin High chool Palm Beach Gardens, Florida Preserve Area Sect,one- Sheet5of5 ~lililil I’" ¯ jarnin High: Schoo~ Beach. Oardens. , Florida D iPark~ay Plan Parkway Buffer Vaiies 9 ’.,. 0 ’.., ............~~1~.,1~1~enjamln Hi~ ~ School ~, "aim Beach Gardens, Florida PUD Parl~way Plan PUF_ , [":8o’ ~.o.w: etation ).W ation ~uff, I i’1 njamin High S.cnool Beach Gardens, Fl.orida Parkway Plan 0 Pair .I ,njamin High School Beach Gardens, Florida Parkway Section o~~ ~<} el. ¯ " gh~genjamm Hi: School Palm Beach Gardens, Florida ?UD Parkway Section Benjamin High School. ?alto Beach Gardens, Florida .~UD Parkway Plan V- Overall Site Plan Scale: l "= 80" Benjamin Upper School Palm Beach Gardens, Florida First ~7oor Plan I ,I d i Scale: 1 "= 30 11 Benjamin Upper School Palm Beach Gardens, Florida S~hw~b, Twitty, & llenser Ar(hite(tur~l ~roup, In(. Nofthbridge Centre, S~ite 1400 515 North R=,gler Drive West Pain Ete~,ck Rodda 33401(561) 8,32-5599 (560 655,-4828 f~ Campus Jl Second T~oor Plan Scale: Benjamin Upper School Palm Beach Gardens, Florida S&w~b, Twit~X ~ l-I~nser Architectural ~roup, In(. Nodhbridge Centre, S~e 1400 515 North Rag~er Drive We~ P~o 8eac~ Florida ~(561) s32K>599 (561) 655-4828 fox lt"= 30" r II III C ill Scale: I "= 30" Benjamin Upper School Palm Beach Gardens, Florida S(hwc~b, TwittX & I"lc=nser Ar~h~te~turnl (~roup, In~. Northbric~ Centre, Suite 1400b’15 Nodh Rsgler Drive Wed Pa~ Beach, Rorida 33401(5~1) 832-5599 (561) 6.~4828 ~a~ !1 Buildin,~, #1 - Administration Buildin K - .Floor Plan III Benjamin Upper School Palm Beach Gardens, Florida Scale: 1/8 ’I= 1 "-0" __.U:h L -[_LJ // Buildi~ g #2 - Performing Arts Building- 1~7oor Plan Scale: 3/32 "= 1 "-0" Benjamin Upper School Palm Beach Gardens, Florida S~hw~b, TwittX & Planser Ar~hite~tur,~l (~roup, In~. Northbr~dge Centre, S~te 1400 515 North R~g~r Dr~e We~ Pe~n Besck Rorids ~(560 832-55gg (580 655-4828 fax Buildin~ 7 ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::I t-’"l ~--1 , #3 - Physical Education Building - Floor Plan Scale: 1/16" = 1 "-0" Benjamin Upper School Palm Beach Gardens, Florida Buildin, I ~, #4 - Lab Classroom Building- 1st 1~7oor Plan Scale: 1/8 i ~= 1 "-0" Benjamin Upper School Palm Beach Gardens, Florida Buildin,~ II II #4 - Lab Classroom Building - 2nd Floor Plan Scale: Benjamin Upper School Palm Beach Gardens, Florida = 1 "-0" Buildin ~, #5 - Classroom Building - 1st Floor Plan Scale: Benjamin Upper School Palm Beach Gardens, Florida S~hw~b, Twit~y, & t’l~nser Ar(hite(tur~l ~roup, In~. Norlhbridge Ce~Ire, S~ile MOO515 Nodh R~gler Drive (561) 83Z-,5599 (561) 6,55-4828 fax #5 - Classroom Building - 2nd Tloor Plan Scale: 1/8 t~= 1 "-0" Benjamin Upper School Palm Beach Gardens, Florida S~hwab, Twitty, & l-I~anser Ar~hite~tur,,I ~roup, In~. Nor~bridge ~entre, SMe 1400515 North R~.g)er Drive West Ps~rn Beach, Rorids 33401 (5~t) S32-5,~(,560 6.,,,,,,,,,,,~-4828 lax Buildin,~, #6 - Classroom / Lab II Building - 1st T~loor Plan Scale: Benjamin Upper School Palm Beach Gardens, Florida S(hw~b, TwittX & l-lanser Architectural ~roup, In~. Northbridge Centre, ~te !400 51~ Norlh Flagler Drive We~ P~’~ Beac~ Rorida ~(561) 832-5599 (560 655-4828 f~x 1/8 != 1 "-0" Buildin, ~, #6 - Classroom / Labs II Building - 2nd Floor Plan Scale: 1/8 ’!= 1 "-0" Benjamin Upper School Palm Beach Gardens, Florida Building # 7 - Food Services Building - Floor Plan Scale: Benjamin Upper School Palm Beach Gardens, Florida 1/8" = 1 "-0" Building I ~1 - Administration / Media Building - Exterior Elevations Scale: Benjamin Upper School Palm Beach Gardens, Florida 1/8’= 1 "-0" / #2 - Performing Arts Building - Exterior Elevations Scale: 3/32 ’= 1 "-0" Benjamin Upper School Buildin~¯ #3 - Physical Education Building - Exterior Elevations Scale: 1/16" : 1 "-0" Benjamin Upper School Palm Beach Gardens, Florida S(hwab, TwittX & l"lanser Architectural ~roup, Nodhbridge Centre, Suite 1400 515 North Rag~er Drive We= Palm Beack Florida 33401(5S0 S32-~ (561) 655-4828 Building #4 - Lab Classrooms - Exterior Elevations Sca~: Benjamin Upper School Palm Beach Gardens, Florida 1/8 I’= 1 "-0" Buildin~ ~4 - Lab Classrooms - Exterior Elevations Scale: 1/8 ’t= 1 "-0" Benjamin Upper School Palm Beach Gardens, Florida S hwab, Twitty, & I-lanser Ar~hit~’~tur~l (iroup, In~. ~ O,~tre, Suite ~400515 North Flegler Drive West P~ Beech, Florid,, 3340~(560 ~2-,5599 (561) 655-4828 Building #7 /~ "~ "-0~ - Classroom Building - Exterior Elevations Scale: _, _ 1 Benjamin Upper School Palm Beach Gardens, Florida Building ~5 - Classroom Building- Exterior Elevations Scale: 1/8 = 1 cO" Benjamin Upper School Palm Beach Gardens, Florida I Building ~6 - Classroom~Lab II Building - Exterior Elevations Scale: 1/8 ",~ 1 "-0" Benjamin Upper School Palm Beach Gardens, Florida S~hwab, Twitty, & l-lamer Ar~hit~-~tural (~roup, In~. Norlhbridge C~tre, Suite 1400 515 NI ]ler Ddve We~d I ~ch, Fkxk~. ~ (561) 832-5599 (561) 655-4828 fax Buildin1 # 7 - Food Service Building - Exterior Elevations Scale: 1/8,f’= 1 "-0" Benjamin Upper School Palm Beach Gardens, Florida CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 16, 2003 Date Prepared: December 23, 2002 SUBJECT/AGENDA ITEM Proposed Countywide Prohibited Invasive Non-native Vegetation Removal Ordinance Workshop: Discuss and provide direction on the proposed Ordinance that extends County’s jurisdiction into incorporated municipalities and requires by a time certain the eradication of invasive non-native vegetation. The Ordinance is projected to be adopted by the County Commissioners at their February 25, 2003, regular meeting. Reviewed by: Principal Planner Talal Benothm .~~_~ City Attorneyj ~ Leonard G. Iq ~tbin Finance NA Human Res. NA Submitted by: Growth M a nzj~j~,r~,nt. . Administrato~ _,~ Charles K. Wu, AICP Approved b~ City Manag~ Ronald M. Ferr~ / Originating Dept.: Growth Management: Project Manager Mark Hendrickson Advertised: Date: Paper: PB Post [ } Required [ x] Not Required Affected parties: [ ] Notified [ x ] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other NA Budget Acct.#: NA Land Development Regulations Committee Action: [] Approved [] App. w/conditions [] Denied [] Rec. approval [] Rec. app. w/conds. [] Rec. Denial [] Continued to:__ Attachments: ¯ Attachment Achart ¯Attachment B Proposed County Ordinance [ ] None City Council Meeting Date: January 16, 2003 Date Prepared: December 23, 2002 DISCUSSION The purpose of this report is to acquaint City Council with a Palm Beach County proposed amendment to Section 9.5 (H) of the Unified Land Development Code, entitled Vegetation Preservation and Protection Ordinance. It includes recommendations for revising the proposed prohibited vegetation removal requirements along with an outline for an incentive program to assist parcel owners with the removal of their prohibited vegetation. The proposed ordinance targets "qualified" parcels that were improved prior to April 28, 1986 in unincorporated Palm Beach County along with parcels in municipalities that were constructed prior to similar municipal ordinances. A qualified parcel does not include an unimproved (undeveloped) parcel. For the City of Palm Beach Gardens, that would mean the parcels improved before May 3, 1990, when Ordinance 4, 1990 was adopted. The proposed ordinance will establish a 500-foot buffer area around all Palm Beach County designated "natural areas." A "natural area" is defined as all public and private parcels as approved under this ordinance containing high quality native ecosystems that are under or assigned to a public entity for management, maintenance and operation or private lands legally described in an applicable deed restriction, plat, restricted covenant, conservation easement, or a separate instrument recorded pursuant to Section 704.06, Florida Statutes and operating under a management plan approved or accepted by the Department of Environmental Resource Management (DERM). Inside the 500-foot buffer area, all qualified and unimproved parcels would be required to remove all nine (9) prohibited plant species within a specified time frame. Outside the buffer areas, qualified parcels would be required to remove all of the prohibited vegetation, except for Australian pine and Melaleuca, within the same time frame. Cost share incentives are being recommended to assist property owners in complying with this requirement. Unimproved parcels outside the buffer area would not be required to remove the prohibited vegetation until the time of development. Attachment "A" breaks the proposal described above into a chart form for easy reference. It should be noted that there would be no exemption based upon property size in the proposed ordinance. There would be an exemption for parcels with an approved landscape plan that includes the prohibited vegetation; however, prohibited vegetation would not be allowed to be replanted when the original plant dies. All provisions of the proposed County ordinance will be effective within the unincorporated and incorporated areas of Palm Beach County, except to the extent of conflict with a municipal ordinance, in which case the municipal ordinance will prevail over the countywide ordinance in accordance with Article 1, Section 1.3 of the Charter of Palm Beach County. 2 City Council Meeting Date: January 16, 2003 Date Prepared: December 23, 2002 The County has received support from the Nature Conservancy, Palm Beach County League of Cities, Inc. (Environmental Committee), and after several public hearings gather public comments, is recommending approval of the draft ordinance, which is attached for your review. County staff believes that without the cooperation of public entities in removing prohibited vegetation from affected properties, the goal of reducing the seed source of these plants will not be accomplished. However, the biggest hurdle in reducing prohibited vegetation in Palm Beach County is the removal of these plants on private property. The biggest change to the existing ordinance is the proposed incentive programs that would assist the private property owner, along with local municipalities, in complying with the provisions of the proposed ordinance. The County is proposing an "Australian Pine and Melaleuca Removal Program," "Cost Share Program for other Prohibited Plant Species," "Canopy Replacement Program," and "Public Lands Grant Program." The County is also proposing an "lnvasive Vine Strike Force" to deal with Lygodium and Air Potato vines. County staff is anticipating that the cost share incentives will be costly to implement due to the scope of the work and the size of the affected areas. It is their opinion, based on public testimony at the three workshops on this subject, that the public will support the use of tax dollars to deal with this problem. City staff believes the County objectives are ambitious. City Forester Mark Hendrickson believes the City of Palm Beach Gardens as a whole is in reasonably good condition since the majority of the City will be built out under our 1990 Environmental code (Division 4, Sections 78-241 through 78-253). Also, the developments built prior to 1990 to approximately 1974 should have landscape plans that may exempt them, if questioned. The approved landscape plan is very important for developments that have species like Carrotwood, Earleaf acacia and Scheflera. If an approved landscape plan is not on file with the City, City code allows the existing landscaping to become "a living plan of record" and as such has the same standards and protection similar to a landscape plan filed with and approved by the city. For more precise information about the affects of this ordinance, a field inspection of properties within 500 feet of natural areas would have to be conducted. Outside of the 500-foot zone, property owners could be notified by City publications to inform them about the seven prohibited species removal time line. The following is a list of options for the City Council to consider: OPTION 1: Do nothinq and let County Ordinance govern. ADVANTAGES TO THE CITY Removal of prohibited vegetation is environmentally correct, especially in close 3 City Council Meeting Date: January 16, 2003 Date Prepared: December 23, 2002 proximity to natural areas. Removal of invasive exotic vegetation protects the State’s native plants and wildlife, and water resource; ¯Cost share incentive programs reduces the economic burden on property owners, and encourages compliance; County personnel and equipment would deal with programs and enforcement. It is doubtful that current City personnel and budget could handle this increased workload, without extending deadlines or potentially opting out of the code all together. DISADVANTAGES TO THE CITY It is City staff’s opinion that our residents are not normally involved in Palm Beach County workshops and are not privy to proposed County ordinances; therefore, as a service we should inform our property owners far in advance of any County imposed deadlines. City public workshops and newsletters to educate City residents, property owner associations and non-residential property owners of the new countywide codes and incentives will be time consuming. ¯City residents, property owners associations and non-residential property owners may not want to deal with the County. Status quo may be preferred. ¯The City of Palm Beach Gardens would need to budget the removal of prohibited vegetation on City-owned properties by the County’s new deadlines. OPTION 2: City opts out. ADVANTAGE TO THE CITY ¯Easy and keeps status quo. DISADVANTAGE TO THE CITY The City could be perceived as not "environmentally friendly." Potentially, the exotic vegetation remaining, especially within 500 feet of natural areas, will be problematic for the County maintenance division, which will have a reoccurring infestation due to the surrounding seed source. ¯Property owners would not be eligible for cost share assistance, even if they voluntarily wanted to remove exotic invasive vegetation. 4 City Council Meeting Date: January 16, 2003 Date Prepared: December 23, 2002 OPTION 3: City opts out and adopts its own ordinance. ADVANTAGE TO THE CITY ¯The City continues to be environmentally correct. ¯Cost share assistance programs are still available through the County. The City controls deadlines and other local issues that arise. The code amendment options can be tailored to the City of Palm Beach Gardens, rather than a broad- brush County attempt to eradicate exotic vegetation. DISADVANTAGES TO THE CITY Adopting a City environmental code amendment to opt out and to create similar deadlines for removal of prohibited vegetation may be unpopular. City staffwould need time to carefully study the areas that are potentially affected and analyze the potential cost. ¯Increased workload on Growth Management Department to handle inquiries, record keeping, tracking compliance, and code enforcement. ¯A potential loss of tree canopy from what we currently have with potentially no replacement. The City of Palm Beach Gardens may need to budget the removal of prohibited vegetation on City owned properties by the City’s deadlines. If the City can. not remove these plants from City properties, the City should not be mandating residents to do it. STAFF RECOMMENDATION Staff recommends option 3. \\FI LE_mydoc/PBCexoticpla nts 5 ATTACHMENT A 500-FO 0 T B UFFER A REA Remove All Prohibited Plant Species Meet Compliance With Current Regulations (County or Municipal Regulations) Remove All Prohibff.ed Plant Species County Funds Australian Pine & Melaleuca Removal/Cost Share For Other Seven/Canopy Replacement Program N/A County Funds Australian Pine & Melaleuca Removal/Cost Share For Other Seven OUTSIDE BUFFER AREA Remove All Prohibited Plant Species Canopy Replacement ProgramExcept Australian Pine & Melaleuca Meet Compliance With Current Regulations (County or Municipal Regulations) N/A Remove All Prohibited Plant Species As Part Of Land Development Process N/A PROHIBITED VEGETATION REMOVAL TIMEFRAME 2004 - Air Potato 2004 - Old-world Climbing Fern 2006 - Melaleuca 2008 - Brazilian Pepper 2008 - Carrotwood 2010 - Earleaf Acacia 2010 - Umbrella Tree 2012 - Australian Pine 2012 - Kudzu QUALIFIED PARCEL: For unincorporated Palm Beach County, a parcel improved prior to April 28, 1986. For incorporated Palm Beach County, a parcel improved prior to the effective date of a municipal ordinance requiring removal of prohibited invasive non-native vegetation. NON-QUALIFIED PARCEL: For unincorporated Palm Beach County, a parcel improved after April 28, 1986. For incorporated Palm Beach County, a parcel improved after the effective date of a municipal ordinance requiring removal of prohibited invasive non-native vegetation. ATTACHMENT B ORDINANCE NO. 2002- A COUNTYWIDE ORDINANCE OF THE BOARD OF COUNTY COMMISSIONE~OF PALM BEACH COUNTY, FLORIDA, PROVIDING FOR A SHORT TITLE, PURPOSE, APPLICABILITY AND AUTHORITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROTECTION OF NATURAL AREAS; PROVIDING FOR INCENTIVES; PROVIDING FOR REMOVAL OF PROHIBITED INVASIVE NON-NATIVE VEGETATION; PROVIDING FOR EXEMPTIONS;PROVIDING FOR COMPLIANCE AND ; PROVIDING FOR REPEAL OF LAWS IN PROVIDING FOR SEVERABILITY; FOR INCLUSION IN CODE OF LAWS AND PROVIDING FOR AN EFFECTIVE DATE. VC natural dtat and vegetatN~ qualities, and ~n ~:fid hazai:ds to 89 Co~Plan mandates that Palm Beach County shall prohibited invasive non-native vegetation; and WHEREAS, Section 9.5, Vegetation and Preservation Ordinance, of the Unified Land Development Code, requires the removal of nine prohibited invasive non-native plants species from only the unincorporated areas of Palm Beach County; and WHEREAS, these nine prohibited invasive non-native plant species are also found in the incorporated areas of Palm Beach County and have the potential to spread to the unincorporated areas of the County; and Revision #1. I WHEREAS, eradication of prohibited invasive non-native vegetation will require the combined efforts of the municipalities and Palm Beach County to stop their spread; and WHEREAS, the Board of County Commissioners has determined that natural areas should be protected from unwanted seed sources; and WHEREAS, the Board of County Commissioners has determined an incentive program .oped to offset costs to parcel owners; and Board of County Commissioners has determined that a canopy jded to parcel owners. SHORT This O~ 1.03 1.04 1.05 untywide Iative Removal Ordinance". of thi~"Ordinance to require removal and control of prohibited invasive non-native vegetation. It is the intent of this Ordinance to protect natural areas from unwanted seed sources from outside the natural areas. It is the intent of this Ordinance to provide incentives for prohibited invasive non- native vegetation removal in advance of the required removal time frames and provide replacement vegetation for canopy loss. It is the intent of this Ordinance to concentrate efforts and funding on buffers 1.06 )8 Revision #I. 1 around natural areas. All provisions of this Ordinance shall be effective within the unincorporated and incorporated areas of Palm Beach County, Florida, except to the extent of conflict with a municipal ordinance, in which case the municipal ordinance will prevail over the countywide ordinance in accordance with Article 1, section 1.3 of the Charter of Palm Beach County. funds for use within municipalities shall be contingent upon this fully enforced or the adoption and enforcement of an equally strin stringent ordinance by a municipality. shall re[ invasive for of Chapter 125, Florida Statutes, alm Beach County, and the Palm Beach County Plan, as amended. ERM shall administer the requirements of this Ordinance. The provisions of this Ordinance are intended to be supplemental to those provisions of the Unified Land Development Code that regulate invasive non-native vegetation. Section 2. DEFINITIONS: 2.01 Buffer Area means an area outside the perimeter of a designated natural area drawn by geographical information system reference which determines what is to Revision #1.1 2.02 3.02 3.03 be protected from unwanted seed source, prohibited invasive non-native vegetation removed, incentives provided and canopy replaced. Natural Area means all public or private parcels as approved under this Ordinance containing high quality native ecosystems that are under or assigned to a public entity for management, maintenance, and operation or private lands legally described in an applicable deed restriction, plat, restricted covenant, or a separate instrument recorded pursuant to Section Statutes and operating under a management plan approved or Parcel Qualifird prior to ~ prohibit~ of a OF AREAS: unty will establish by geographical information system reference, a 500 foot buffer area around all natural areas listed on Attachment A. This list may be amended as needed by the Board of County Commissioners. Natural areas acquired by the Board of County Commissioners using the Conservation Lands Bond Fund shall automatically be added to Attachment A at the time of acquisition. Any individual, organization, or governmental entity may request an addition to Attachment A by petitioning ERM. The petition shall include a description and Revision #1.1~ map of the proposed addition, written justification for listing and a copy of the management plan, if available. The approval of any additions to Attachment A will be by the Board of County Commissioners. For public natural areas, there is no minimum size for listing. Bo For private natural areas, there must be a minimum of 10 acres of natural area unless determined by ERM to be a highly significant natural area scrub, wetlands or mangrove communities and maintained under plan approved by or accepted by ERM. For by greater than 30% coverage native the period,this to, and and addressed OF PROHIBITED INVASIVE NON-NATIVE VEGETATION: 4.01 By January 1, of the applicable year provided on Attachment B, a parcel owner shall remove or caused to be removed or eradicated, the prohibited invasive non- native vegetation as listed on Attachment B unless an exemption is provided under Section 6. of this Ordinance. 4.02 Upon removal of prohibited non-native vegetation under this Ordinance or any other ordinance requiring removal of this nuisance vegetation, the parcel owner shall maintain the parcel free of prohibited invasive non-native vegetation. Revision #1.1 4.03 Qualified parcel owners which receive incentives under this Ordinance shall maintain the parcel free of prohibited invasive non-native vegetation. Section 5. INCENTIVES: 5.01 The incentive program is available to all qualified parcels subject to availability of funding and annual appropriation of funds by the Board of County i.02 it is program may be provided to parcels that are not qualified parcels if prohibited invasive non-native ve removed under be O3 The to be ad owing parcels are exempt from Section 4. of this Ordinance: A. Parcels with a landscape plan that includes prohibited invasive non-native vegetation, approved by a jurisdictional agency prior to the effective date of this Ordinance, unless the parcel falls within a buffer area. If the parcel or portion of the parcel is located within a buffer area, the parcel is exempt from the removal requirements for the prohibited invasive non- native vegetation included in the landscape plan provided the parcel owner agrees to participate in an incentive program established to remove that Revision #1.1 No Do vegetation from the parcel. For purposes of this Ordinance, agreement to participate means the execution of a written agreement with ERM on behalf of the Board of County Commissioners for this purpose, and compliance with said agreement. Unimproved parcels, other than those located in buffer areas. For improved and unimproved parcels or portions of parcels within buffer removal or eradication of melaleuca and Australian pine will not be if the parcel owner agrees to participate in an incentive program to remove that vegetation from the leUca parcel was 28, 1 the requiring the 7.01 VIPLIANCE AND ENFORCEMENT: For the purposes of this Ordinance, failure to comply with any Section of this Ordinance shall constitute a violation of this Ordinance. 7.02 The following are procedures which are to be followed for compliance and enforcement with this Ordinance: B° Inspection of a parcel to determine the possible location of prohibited invasive non-native vegetation. Preparation and provision of an information notice informing the parcel Revision #1.1 owner of prohibited invasive non-native vegetation on the parcel and instructions on the removal or eradication of the vegetation and a time frame provided for compliance. A follow up inspection is conducted. 7.03 7.04 Co go Preparation and provision of a non-compliance notice to the parcel owner concerning the possible violation of the Ordinance including a stated frame for compliance. A follow up inspection is conducted. and provision of a notice of violation to :1 owner Ordinanc~ ¯ " oralNotice ok ~sible vioh ’:~’: ....GNRPB, which may include corrective actions and penalties in the maximum amount of $1000.00 per day, per violation, shall be the final administrative action on behalf of ERM and the County. Any person who is a party to the proceeding before the GNRPB may appeal to the Circuit Court of Palm Beach County in accordance with applicable Florida Appellate Rules. Additional remedies for enforcement are those provided for in Chapter 125, F.S. In order to provide an expeditious settlement that would be beneficial to the enforcement of this Ordinance and be in the best interest of the citizens of Palm Revision #1. I Beach County, the Director of ERM is authorized to enter into voluntary consent (settlement) agreements with alleged violators. Any such agreement shall be formal written consent agreement between ERM on behalf of Palm Beach County, by and through its Director, and any such alleged violators, and shall be approved as to form and legal sufficiency by the County Attorney’s Office. The agreement can be entered into at any time prior to the hearing before the GNRPB. ;onditions. Such consent agreements may be conditioned upon a promise alleged violator to: Remove or eradicate prohibited invasive No amount and t. etation and remedies and corrective action deemed necessary and appropriate by the director of ERM to ensure compliance with this Ordinance. The consent agreement shall not serve as evidence of a violation of this Ordinance and shall expressly state that the alleged violator neither admits nor denies culpability for the alleged violations by entering into such agreement. In addition, prior into entering into any such consent agreement, each alleged violator shall be apprised of the right to have the matter heard by the GNRPB in accordance with the p~’ovisions of this Revision #1.1 Ordinance, and that execution of the agreement is not required. The consent agreement shall be valid and enforceable in a court of competent jurisdiction in Palm Beach County and shall abate any enforcement proceedings available to ERM for so long as the terms and conditions of such agreement are complied with. In the event the alleged violator fails to comply with the terms and conditions set forth in the agreement, the Director of ERM may either: Consider the consent agreement void and pursue any remedies in the Palm Trust Fund. OF LAWS IN CONFLICT: Except for applicable provisions of the Unified Land Development Code, all County laws and ordinances applying to the incorporated and unincorporated area of Palm Beach County in conflict with any provision of this Ordinance are hereby repealed to the extent of any conflict. Section 9. SEVERABILITY: If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any Revision #1.1 reason held by a Court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 10. INCLUSION IN THE CODE OF LAWS AND ORDINANCES: The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Palm Beach County, Florida. The Sections of this Ordinance may be ;~N}i~r relettered to accomphsh such, and the work "ordinance" may be changed o,=s~tiom~;~:~icle , or other appropriate word. ll. EFFEC~ATE AND the BE~!!~®~TY, FLORIDA, BY ITS OF COUNTY COMMISSIONERS By: Warren H. Newell, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY Assistant County Attorney EFFECTIVE DATE: Filed with the Department of State on the __day of ,2002 ORDINANCE ATTACHMENT A Revision #1.1 NATURAL AREAS MUNICIPALITY Boca Raton: Dell Hi Beach: Beach: Ju Lake Park: ¯ North Palm Beach: ¯ Ocean Ridge: . Palm Beach: ’Palm Beach Gardens: Blazing Star Preserve Blue Lake Preserve Cypress Knee Slough Preserve Florida Atlantic University Ecological Site Gopher Tortoise Preserve Gumbo Limbo Environmental Complex Hillsborough/E1 Rio Preserve Rosemary Ridge Preserve Serenoa Glade Preserve Yamato Scrub Natural Area Prese: Natural Area Jonathan Dickinson State Park-Palm Beach County portion Jupiter Inlet Natural Area Jupiter Ridge Natural Area Limestone Creek Natural Area North Jupiter Flatwoods Natural Area Sims Creek Preserve Lake Park Scrub Natural Area John D. MacArthur Beach State Park Ocean Ridge Natural Area Palm Beach Island Sanctuaries Frenchman’s Forest Natural Area Royal Palm Beach: West Palm Beach: Revision #I. 1 Hungryland Slough Natural Area Loxahatchee Slough Natural Area -includes Sandhill Crane Prosperity Oaks Natural Area Royal Palm Beach Pines Natural Area Winding Waters Natural Area Grassy Waters Preserve UNINCORPORATED PALM BEACH COUNTY Acreage Pines Natural Area Arthur R. Marshall Loxahatchee NWR C- 18 Triangle Natural Area Daggerwing Nature Center Preserve ad at the ICW Airf Nat~ Beach Pines Natural Area ~ Tract Tromp Golf Course Preserve ORDINANCE ATTACHMENT B Revision #1.1 Common Name Scientific Name Year Old-world climbing fern L ygodium microphyllum 2004Air Potato vine Dioscorea bulbifera Melaleuca, Punk Tree Melaleuca quinquenervia 2006 Brazilian pepper Schinus terebinthifolius Cupaniopsis anacardiodies Acacia auriculiformis Schefflera actinophylla [ Casuarin~ spp. [~P~ant~!~mO~tana vax~o, lobata 2008 2010 ORDINANCE ATTACHMENT C Revision #1.1 AUSTRALIAN PINE AND MELALEUCA REMOVAL PROGRAM Under this program, the County would pay for and treat Australian pine and melaleuca on all qualified and unimproved parcels in these buffer areas with permission of the parcel owner. Treatment on unimproved land would be similar to methods used on natural areas with some prohibited vegetation being potentially treated with herbicide in place and not removed from the site. For improved properties, the prohibited vegetation would be removed in its entirety. than GRAM FOR OTHER PROHIBITED PLANT SPECIES nine by the burden ~ay some will be ,eing recommended to allow County vendors to remove the remaining plant species within buffer area parcels with a very minimal cost share The work would be accomplished alon pine 9ned in the previous program. In order for bear, the!::be tnopy Replacement Program as an incentive for qualified parcel owners to .....getation prior to regulatory deadlines. This approach will help to minimize the loss of canopy associated with the removal of prohibited vegetation. In order to receive replacement vegetation, the qualified parcel owner must sign-up for the program and submit to an initial inspection to verify the extent of the prohibited vegetation. After the owner removes the vegetation, staff will reinspect the parcel to verify removal. If removal is complete, the qualified parcel owner will be given a voucher to be redeemed at participating nurseries for a list of approved trees. If the owner wishes, the trees can be delivered for a small fee and/or planted also for an additional fee. This fee will be paid by the qualified parcel owner directly to the participating vendor. Due to the potential number of trees that may be required in addition to ensuring a standard tree size, tree availability may be limited during the first 2-3 years of the program. The vendors will be required to provide Florida Grade # 1 or better trees according to the most current version of the Revision #1.1 Florida Department of Agriculture and Consumer Services Florida Grades and Standards For Nursery Plants. A maximum of five replacement trees per qualified parcel will be allowed. A breakdown of the number of replacement trees per prohibited vegetation canopy area removed is as follows: Canopy Area Removed (Sq. Ft.) # of Replacement Trees 1- 499 1 500- 999 2 1000-1499 3 1500-1999 :4 2000 +5 PROGRAM ve entities " or the plan is to remove these invasive plant species, without the cooperation these plants from their own parcels, the goal of reducing the seed be accomplished. However, some of these may lack control and proposal entities for [1 target all lant species. which ~iects County t ies, tblic be to The VINE The~a quick response strike force that would treat and kill vines from public and private properties. Lygodium is an invasive vine arming rate. It’s a relative newcomer to the world of invasive plants, and g at a rate unmatched by any other invasive species. It quickly engulfs and kills native vegetation by blocking out sunlight and providing a means for wildfires to spread into tree canopies. Though not spreading as fast, air potato vine is similar in its characteristic to Lygodium in that it quickly engulfs underlying trees and vegetation, eventually killing the plants. Removal of both of these vines is somewhat difficult and tedious for the average parcel owner. A quick response strike force would assist parcel owners in controlling these vines on their parcel while at the same time slowing the spread of this vine byreducing the seed source. ATTACHMENT C , CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 16, 2003 Date Prepared: December 31, 2002 Petition: PUD-01-14/Upland Mitigation SUBJECT/AGENDA ITEM Donald Ross Village Upland Mitigation (a.k.a. 4.02/4.04 MXD PUD) Workshop: Staff requests direction on the proposed upland mitigation for the proposed Donald Ross Village Planned Unit Development, which is a proposed Mixed-Use Planned Unit Development located 45.37 acres south of Donald Ross Road, between Military Trail and Central Boulevard. Reviewed by: Principal Planner "l~’~ Talal Benothman, AICP City Attorney Leonard G. Rubin Finance NA Human Res. NA Submitted by: Growth Mana~#nt Administrator [ )U’I,, Charles K. Wu, AICP Approved ~~ City M an ag’e,~,/_.~ Ronald M. Fel/ris Originating Dept.: Growth Management: Project Manager Mark Hendrickson Advertised: Date: Paper: PB Post [ } Required Affected parties: [ ] Notified [ x ] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other NA Budget Acct.#: NA Land Development Regulations Committee Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval [ ] Rec. app. w/conds. [ ] Rec. Denial [ ] Continued to: Attachments: ¯ Reduced Donald Ross Village Site Plan ¯ Dec. 17, 02 John Gary letter [ ] None City Council Meeting Date: January 16, 2003 Date Prepared: December 31, 2002 DISCUSSION The proposed Donald Ross Village Mixed-Use Planned Unit Development consists of 102,000 square feet of retail space, 9,000 square feet of office space, a 3,236 square-foot gas station/convenience store, a 4,000 square-foot financial institution with drive through, 13,000 square feet of restaurant space, a 93-room hotel and 156 multi-family residential dwelling units located on 45.37 acres on the south side of Donald Ross Road, between Military Trail and Central Boulevard. The proposed development requires 9.26 acres of upland preserve area. Due to the required preserve acreage being less than the desirable ten acres, the applicant has requested City Council’s consideration on alterative forms of mitigation. The master plan submittal prepared by Urban Design Studio dated May 17, 2002, indicated 7.26 acres of upland preserve were being provided, which would have required at least two (2) acres mitigation. The applicant has not yet proposed a unit price per acre for the two-acre shortfall in preservation acreage. City Forester Mark Hendrickson has expressed concerns about the proposed preserve acreage configuration on-site from the initial submittal. The primary concerns were the following: ¯ Multiple bisecting of the preserve by ingress/egress points; ¯ Small areas less than one acre; ¯ Areas having widths of less than 100’ requiring a waiver from code; ¯ No transition areas between parking areas and preserves; ¯ . Protecting less than 25% of the site’s best upland habitat by proposing restoration of lesser quality uplands around the perimeter of the site; and ¯The placement of a gas station in close proximity to a preserve. Prior to the November 26, 2002, Planning and Zoning Commission meeting, City Forester Mark Hendrickson had conceptually approved a five (5) acre off-site land for land mitigation proposal based on the applicant’s agent October 16, 2002, letter identifying two mitigation sites near the Bee Line Highway and north of PGA Boulevard. A site inspection confirmed the quality of the uplands was better than the uplands on the Donald Ross Village property. This allowed the applicant to revise the master plan and propose preserving approximately 12% (4.41 acres of a Pine flatwoods habitat)of their required 25% upland preservation along the western perimeter and partially along Donald Ross Road. This is consistent with the City Council’s policy to preserve at least a portion of the required preserve acreage on site. Recently, the applicant and City staff were advised that one of the two original mitigation sites was no longer available, which put the conceptual off-site mitigation plan in jeopardy. 2 City Council Meeting Date: January 16, 2003 Date Prepared: December 31, 2002 The proposed development is now approximately five (5) acres short of the required upland set aside, and the applicant continues to pursue off-site mitigation options, rather than to preserve the entire 25% on site. Attached for your review is a December 17, 2002 letter from Mr. John W. Gary, III, attorney for the petitioner, requesting a workshop before the City Council to discuss the mitigation option, which provides for cash payments in lieu of preservation on site based on the appraised land value as determined by the City Council. The Comprehensive Plan states that on small acreage (less than 40 acres) and equivalent upland habitat is available in the City, the developer shall preserve similar communities off- site, provide monies for the acquisition of land, or restore similar plant communities. If the developer provides monies to the City of Palm Beach Gardens, it puts the responsibility of land purchase on the City. The following is a list of options for the City Council to consider: OPTION 1: City Council directs applicant to set aside entire 25% on site. ADVANTAGES TO THE CITY ¯Confirms the City Council’s policy, which prefers on-site preservation over any off- site mitigation option. ¯Leads to more preservation lands set aside east of Interstate 95, rather than any of the alternative forms of mitigation proposed. ¯Potential re-design of the master plan, which may reduce density/intensity. ¯City Council would not have to deal with how to appraise property, especially in this case of a mixed-use development site. ¯Achieves the goal of the Comprehensive Plan for 25% preservation of uplands. DISADVANTAGES TO THE CITY ¯Potentially approving a site plan with a preserve configuration, which requires a waiver to allow for the minimum preserve width to be less than the preferred minimum 100 feet. ¯Potentially approving a site plan with a preserve configuration made up of a number of small upland preserve tracts due to the bisecting of driveways, which is not ecologically desirable. 3 City Council Meeting Date: January 16, 2003 Date Prepared: December 31, 2002 OPTION 2: City Council allows mitigation (off-site mitiqation and or monies-in-lieu- of option). ADVANTAGE TO THE CITY ¯Acquisition of environmentally significant land. Potentially, there may be lands west of the turnpike available, but purchasing lands east of the turnpike in very unlikely. Restoration improvements to environmental lands. The City owns two environmental sites presently (east of soccer fields and Allamanda Gopher tortoise preserve) that could be improved. DISADVANTAGE TO THE CITY ¯Payment in lieu of on-site preservation will likely be the developer’s preference, rather than dealing with site constraints caused by on-site preservation. ¯As in the past, the City staff has disagreed with the methodology of similar appraisals by the developers. This is the most critical issue for this option. City staff believes a lump sum pay out of environmentally significant lands per acre does not take into account the monies that the City may spend on surveyors, appraisers, and lawyers to buy land. The potential outcome could mean less land purchased than what would have been saved on site. STAFF RECOMMENDATION At this time, City staff recommends protecting at least the originally proposed 7.26 acres of upland habitat on-site. If no environmental land is available for purchase within the City prior to the issuance of the clearing permit, staff recommends payment in-lieu-of two (2) acres of on-site preservation. 4 tt I I DEC-17~92 D4:55PM FRO~Gary,Dytrych & Ryan, P.A. PROI~,SSIONAL ASSOCIATION JOHN W. GARY, jAMES IL RYAN DONALD R. BICK~I-|~ LAWRENCE w. SMrr~ ALYS NAGLER DANIEL~ I’ETER M. ARMOLD JODY H. OLIVER GREGORY C, December 17, 2002 T-085 P.002/004 F-818 RICHAP,,D G. D~TRYCH 19~5 o 1996 701 U.,S- HIGHWAY ONE, SUITE 402 NORTH PALM BILACH, FLORIDA 33405 TELEPHONE (561).8~&.3700 FAX (56~u4~8 Mr. Charles Wu City of Palm Beach Gar:lens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Re:Donald Ross Village PUD Dear Charles: As you know, Hank Skokowski and I have been representing Donald Ross/Tvlilitary, LC. in the application for approval of the Donald Ross Village PUD. Under the proposed PU!) Site Plan, the development is short approximately 5.1 acres of upland set aside pursuant to r.he Palm Beach Gardens Land Development Regulations. Donald Ross/Military h:ts entered into negotiations with ]~ohn Bills relating to a certain parcel of land owned by Mr. Bills on the north side of PGA Blvd. and west of the C-18 Canal. This parcel ofpr<.perty is approximately 400’ deep and contains approximately 90 +_ acres. Last Friday, I-I;.nk and I met with City Forester, Mark Hendrickson, to discuss the feasibility of Dona. d Ross/Military obtaining from Mr. Bills, either through a conse~cation easement o r set aside cr.edit, an amount of land sufficient to midgate the 5.1 acre shortage of upland set aside in the proposed Donald Ross Village PUD. Mr. I-Iendrickson is aware that Mr. Bills is presently working with Palm Beach County ("County") and the Sou :h Florida Water Management District ("District") on a plan create upland mitigatioJ, credits or wetland mitigation credits on the PGA parcel. Mr. Hendrickson indicated, in the event an agreement is reached with the County or the District, he would habe .an objection to the City accepting a 5.1 acre upland set kside in the PGA parcel. Donald Ross/Mil itary has been in the approval process for a substantial amount of time. It is my understanding that substantially all of the site related issues involving DEC-17702 04:55PM FROM-Gary,Dytrych & Ryan, P.A.5618442388 T-085 P.003/004 F-816 Mr. Charles Wu Page 2 December 17, 200.2 the Donald Ross Village PUD have been resolved and that the mitigation issue is the only outstanding matter preventing the application from being considered by the City Council. Everyone is aw.ire the Applicant, prior to obtaining a final Development Order, must have a solution to the 5.1 acre upland mitigation. I attended a meeting this morning with Jim Griffin, of John Bills’ office, with representatives of the County and District relating to rahe Bills’ proposal. While I believe there is an excellent chance that an agreement can be reacht’.d, it is not entirely clear how long this process will take. My clients could very much like to discuss with staff and the City Council the possibility of presenting an alternative mitigation solution pursuant to Section 78.252 of the Palm Beach Gardens, Land Development.Regulations relating to the alternative forms of mitigation, specificall;5 Section 78.252 (b) (2) which provides for cash payments in of preservation ofenviro amentally significant land based on the appraised land value as determined by the City Council. In order to expedite the approval of this project, I would like the opportunity to first meet with staffto discuss the alternative mitigation solution and also to meet with’ C .ty Council in order to determine if, in fact, the Council would be willing to permit this form ofmitigation~ and, if so, how the mitigation price should be determined. Charles, everyone I have talked to concerning this PUD application has been most complimentary of the sit-~ plan and has expressed the desire to arrive at a mitigation plan that would enable passiag a final Development Order so that the development could begin as soon as possilzle. I am aware the alternative mitigation solution has never previously been used by the City in a Development Order, but it seems to me that this site plan lends itselfpert~:ctly to such mitigation, and I would like to have the opportunity to request City Council to consider a cash payment pursuant to Section 78.252. At the same time, I am sure ]~/r- Bills will continue to meet with the County and District relating to his PGA property, and if an agreement is reached prior to final approval of the Donald Ross Village PU~.’~, then, obviously, another solution for the applicant is purchase of the necessary set aside: land from Mr. Bills. I am sure that ev~ ryone at the City is aware of the financial burden placed upon the Applicant when his :~rojecr is delayed, and it seems to me the ability to pursue.both FROM-G~ry,Dytrych & Ryan, P.A.561844Z388 T-085 P.004/004 F-818 DEC-1T-OZ { 04:55PM Mr. Charles Wu Page 3 December 17, 2002 of these alternatives sinmltaneously in no way harms the City and allows Donald Ross/Military to proceed with their application in an expeditious manner. I appreciate any consideration you can give to this matter, and I am available to discuss this at any time with you. If at all possible, ][ would request that you place with application on the next City Council Agenda. Thank your for your assistance. Sincerely, GARY, DYTRYCH & RYAN, P. A. ]’WG:sh ~hn W. Gary, III cc:Mr.John Preston Mr.Peter Brock Mr.Hank Skokowski Please Print Name: COMMENTS FROM ]’HE pUBLIC Request to Address City CounCil Joan Altwater . 9180 cypreSS Hollow Drive Address:- Palm Beach GardenS Subject:r~~-~-~ ~-F~EE Members of the public may address the City CounCil during the ,,Comments by the Public" portion of the agenda and during ,,Public Hearings"" This Request to Address the City CounCil must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.~ FROM THE PUBLIC Request to Address City Council Please Print Name: Address: City: Subject: Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Address: ~<~----~~ ~--~11’+77"~ ~#~, i~mb@o~l’c ~~d~e~~u~ng~ ’~m~E; the Public" potion of the agenda and during "Public Hearings". This Request to Address the Ci~ Council must be delivered to the Ci~ Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Print Name: Address: City: ~)~ COMMENTS FROM THE PUBLIC Request to Address City Council Subject: Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: City: Subject: ~~ f-~-~ ~ Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Name: Address: COMMENTS FROM THE PUBLIC Request to Address City Council City: Subject:ol o Members of the public may address the City ~ncil during the "Comments by the Public" portion of the agenda and during "Public Hear Is". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. CITY OF PALM BEACH GARDENS MEMORANDUM TO: FROM: SUBJECT: Mayor and Council Members DATE: January 8, 2003 Ron Ferris, C~ty Manage~’-~~ Update regarding legal services At the direction of City Council, staff recently conducted a Request for Proposal (RFP) process to provide legal services for the City. The RFP invited proposals from both firms and individuals to provide legal services either on an in-house or contractual basis. The closing date to submit proposals was December 12, 2002. In response to the RFP, proposals were submitted by the following six firms and one individual: Thomas J. Baird, P.A.; Caldwell & Pacetti; Lewis, Longman & Walker, P.A.; Scott, Harris, Bryan, Barra & Jorgensen, P.A.; Glen J. Torcivia, P.A.; Weiss Serota Helfman Pastoriza & Guedes, P.A.; and Christine P. Tatum. Staff is scheduled to present a ranking of these proposals to Council. However, staff is concerned that those individual attorneys seeking employment did not respond to the RFP, and as a result we do not have a competitive field of individuals to interview. We believe that because we advertised for both firms and individuals through a RFP, we did not receive a complete response from individuals to consider. While a RFP process is commonly used to obtain firms to provide services, it is not an effective way to invite individuals to apply for employment. Therefore, staff recommends that we re-advertise specifically for individuals in the employment sections of local newspapers and professional journals. Should Council approve, staff will spend the next 30 days advertising and interviewing. Staff will consider those that respond to the new employment ad as well as those that previously responded to the RFP. On February 20, 2003, staff will bring back a complete ranking of both firms and individuals and a recommendation for Council approval. The current contractual an’angement ends with Watterson and Hyland, P.A. on March 4, 2003. Should the recruitment process not be complete by this date, the City Council or City Manager can appoint counsel to serve in the interim under the current Charter. RMF/sls ADDITIONS: IV~OD~ICATION: ADDITIONS, DELETIONS, MODIFICATIONS: UNDER CONSENT: ADD PROCLAMATION FOR THE PGA NATIONAL RESORT AND SPA DAY TO BE HELD TOMORROW, FRIDAY, JANUARY 17TM UNDER ORDINANCES FOR 1 sT READING: ORDINANCE 1, 2003 WACHOVIA BANK BUILDING REZONGING WILL BE MOVED FOR FIRST READING TO THE FEBRUARY 20TM MEETING UNDER ITEMS FOR DISCUSSION: ITEM B. DONALD ROSS VILLAGE UPLAND MITIGATION - THERE ARE SEVERAL PEOPLE HERE TONIGHT TO HEAR THE DISCUSSION AND IT MAY NOT BE HEARD UNTIL VERY LATE DUE TO THE LENGTH OF THE AGENDA, MOVE TO HAVE THIS ITEM MOVED UP TO THE BEGINNING OF THE MEETING. Eric Jablin Mayor of Palm Beach Gardens January 16 2003 Dear Mayor. In your letter of January 14, 2002 you said quote "City administration has no interest in pursuing a Memorial Park" for a cemetery unquote. A Palm Beach Gardens Memorial Park is not a question of interest to the City administration but a question of interest to its residents. I believe it is the responsibility of the City of Palm Beach Gardens to provide a burial ground for its residents. The City of Palm Beach Gardens is growing fast and soon there will not be enough burying ground available. In the City limits we only have one private cemetery and it is restricted to Jewish religion. Our City has many churches of different religion. Many Cities have their own Memorial Park or cemetery of all faiths and administered by the City Hall like Woodland cemetery exclusively for the residents of West Palm Beach An Amphitheater Art Park of $1,890,000 is a luxury not as necessity. With your proposed Bond issue this is a unique situation to have a Palm Beach Gardens Memorial Park of all faiths. I believe many residents going to vote on March 14 will not like the 21 millions bond issue but may vote yes if a Palm Beach Gardens Memorial Park is on the summary. We pay taxes that are increasing every year and I believe the residents young as well as old should enjoy the benefits. Many people choice cremation because they cannot afford the expensive price of a lot at a private cemetery. A Palm Beach Gardens Memorial Park of all faiths restricted only to its residents could become a lovely park with plenty of trees and beautiful monuments of all sort giving an Art atmosphere to families visiting their departed loved ones. At a charge of $ 500,00 to $1,000.00 per person desiring to Rest In Peace at the Palm Beach Gardens Memorial Park the residents could reserve a property and build their monument later one. The administration and upkeep of the Park could be done by the P~rk & Recreation Dept. At the Park & Recreation meeting of Jan 13, 2003 the board was not against a Palm Beach Gardens Memorial Park of all faiths. They seemed to be in favor of the demand. Hoping the Council can further study the possibility of incorporating a Palm Beach Gardens Memorial Park in the 21 millions cost summary for Park & Recreation. Sincerely, Roger Blanffy 1 ~ o>~D 0 0 CITY OF PALM BEACH GARDENS MEMORANDUM TO:Mayor and Council DATE: FROM:Ronald M. Fen-is, City Manage,./ SUBJECT: Roger Blangy January 15, 2003 Some Council members have inquired about the cost associated with Mr. Roger Blangy’s involvement with the FEC issue. A search of the last six (6) months billing from Terry Watterson, City Attorney~is attached. DATE ATTY HOURLY # HOURS RATE 8/27/02 8/27/02 8/29/02 8/30/02 6/4/02 6/5/02 6/5/02 6/18/02 5/20/02 5/28/02 4/1/02 4/5/02 4/8/02 4/8/02 4/12/02 4/30/02 3/9/02 3/11/02 3/18/02 3/25/02 3/26/02 3/28/02 LGR MJB MJB JHC LGR LGR MJB MJB MJB MJB MJB MJB LGR MJB LGR MJB LGR MJB MJB MJB MJB MJB COST 0.80 155.00 124.00 1.60 130.00 208.00 0.50 130.00 65.00 1.00 130.00 130.00 0.70 155.00 108.50 0.10 155.00 15.50 0.10 130.00 13.00 0.10 130.00 13.00 1.00 130.00 130.00 0.30 130.00 39.00 0.10 130.00 13.00 0.10 130.00 13.00 0.70 155.00 108.50 1.00 130.00 130.00 0.40 155.00 62.00 0.20 130.00 26.00 0.20 155.00 31.00 0.50 130.00 65.00 1.00 130.00 130.00 0.30 130.00 39.00 0.40 130.00 52.00 0.20 130.00 26.00 11.30 1,541.50 CITY OF PALM BEACH GARDENS FROM THE DESK OF PATRICIA SNIDER CITY CLERK Date Prepared: January 13, 2003 RESOLUTION 13, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE REAPPOINTMENT OF SIX (6) REGULAR MEMBERS AND THE APPOINTMENT OF ONE (1) NEW REGULAR MEMBER AND TWO (2) ALTERNATE MEMBERS TO THE PLANNING AND ZONING COMMISSION OF THE CITY OF PALM BEACH GARDENS; PROVIDING FOR A WAIVER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2-157 of the City of Palm Beach Gardens Code of Ordinances allows the City Council to appoint regular and alternate members to the Planning and Zoning Commission; and WHEREAS, the current two-year term will expire for all currently serving members of the Planning and Zoning Commission on January 18, 2003; and WHEREAS, the Growth Management Department has recommended approval of the proposed regular and alternate members to the Planning and Zoning Commission; and WHEREAS, the ~Sity Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Pursuant to Section 2-157 of the City of Palm Beach Gardens Code of Ordinances, the following applicants are hereby reappointed/appointed as regular members to the Planning and Zoning Commission for two-year terms expiring on January 18, 2005: 2. 3. 4. 5. 6. Mr.Craig Kunkle, Jr.; Mr.Barry Present; Mr.C. Douglas Pennell; Mr.Dennis Soloman; Mr.Joel Channing; and Mr.Randolph Hansen. SECTION 2. Pursuant to Section 2-157 of the City of Palm Beach Gardens Code of Ordinances, the following applicants are hereby reappointed/appointed as first and second alternate members to the Planning and Zoning Commission for a two-year term expiring on January 18, 2005: Date Prepared: January 13, 2003 Resolution 13, 2003 First alternate member - Mr. Richard M. Ansay; and Second altemate member - Mr. Michael T. Panczak. SECTION 3. Pursuant to Section 2-84 (b) of the City of Palm Beach Gardens Code Ordinances, the City Council hereby grants a waiver to the maximum six-year time limit requirement to reappoint the following applicant as a regular member to the Planning and Zoning Commission for a term of two years expiring on January 18, 2005: 1.Mr. John Glidden. SECTION 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. " SECTION 6. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF 2003. MAYOR JABLIN ATTEST BY: CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY 2 Date Prepared: January 13, 2003 Resolution 13, 2003 VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER DELGADO COUNCIl.MEMBER RUSSO AYE NAY ABSENT City of Palm Beach Gardens APPLICATION FOR POSITIONS ON ADVISORY BOARD (S) Please print in Black Ink Board(s) Applied for: FL/~[~[~ ~ ~.~’,~[~N~ ~[~-~ ~,~ Telephone: Day 7Z~_ ~)z~--Evening 6Z ~:~ [~ Home Address: ¢:~ [~k~/~ ~ [ [:~/ [::[~ How long have you been a r~ident of Palm Beach Gardens7 ~--~f "~S Palm Beach County’?. ~-~ Current Employer: ][x~~’F[~’J [~__~ Position: Please attach a resume to your application or use space below to summarize qualifications and experience acquired that would be helpful to the Board(s) for which you are applying. Special Qualifications for specific board(s) (include past board experience) Educational Background Community Activities (Include offices held and committee service) Siign~ Date l" ]0. O~ Applications are valid for two (2) years from the date they are signed. Return to City Clerk’s Office, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. INTER-PLAN INC. ARCHITECTURE PLANNING INTERIOR DESIGN COMPUTER MODELING AND DESIGN RESEARCH CONTRACT. ADMINISTRATION ACCESSIBILITY CONSULTANT AAC 390 399 Norlh Cypress Drive Tequesla, Florida 33469 Phone: 561 744 0445 Fax: 561 744 7219 Email: architect@ interplanarchitects.com RESUME OF Randolph Clifford Hansen, AIA, NCARB, ASSE 399 North Cypress Drive Tequesta, Florida 33469 Telephone: 561 744 0445 Birthdate: December 27, 1946 Degree:University of Minnesota - School of Architecture Six Year Professional Degree Program Bachelor of Architecture - 197| Additional Education: Annual Continuing Education Seminars and Programs in Architectural Design, Construction, Safety and Management. Professional Status: Registered Architect-Florida -6984 Minnesota -1 | 283 Ohio -6171 New York -14127 Georgia -6441 South Carolina -3511 Texas -11909 Adzona -23821 Montana -1895 NCARB Certificate - National Council of Architectural Registration Boards- 16884 Certified General Contractor - State of Florida - ! 0806 Contractor since 1976 Certified Structural Masonry Inspector Professional Organizations: Member- American Institute of Architects Director - Florida Association/American Institute of Architects Past President - Palm Beach Chapter/American Institute of Architects Recipient- AIA/Palm Beach - Gold Medal - Highest award an individual can receive from the American Institute of Architects Recipient - AIA/Palm Beach John Stetson ,Award for Outstanding Contribution to the Profession of Architecture Chairman - Palm Beach Chapter/AIA Energy Conservation in Architecture Seminars Member - Southern Building Code Congress International Member- American Society of Safety Engineers Past VP/President Elect - Gold Coast Chapter/American Society of Safety Engineers Member - Human Factors and Ergonomics Society Additional: South Florida Water Management District - Model Landscape Code Advisory Board McGraw-Hill "Housing" Advisory Panel Conducted various continuing education programs and seminars for the local and state AIA organizations and served as a guest speaker for various AIA and ASSE functions. Traveled and studied design and construction techniques throughout the world induding Europe, South America, the Middle East, Canada, Bermuda, Mexico and Caribbean as well as throughout the United States. Work Experience Related to Profession: May 1976- Present President Inter/Plan Inc Architecture:Planning:Interiors:Accessibilty 399 North Cypress Drive -l’equesta, Florida 33469 Responsible for the design of more than 450 projects consisting of a variety of project types including hospitals, specialized medical facilities, clubhouses, office buildings, retail shopping centers and retail stores, religious facilities, animal hospitals, industrial facilities, recreational facilities, parking structures, educational facilities, hotels, multi-family residential and single family residences. Provided site planning and master planning for large and small scale projects. Provided interior design for a number of the various projects described above. Provided construction management and/or contract administration for numerous projects. Made numerous presentations to vadous regulatory agencies involved in the above projects. As part of design and construction process evaluated human factors and safety procedures and the use of materials and or design techniques to enhance the overall human interface and safety of the projects designed and constructed. Consulted with owners of buildings and building sites as to accessibility, safety and security issues. Total value of work designed and/or constructed is over one billion dollars. May 2000 - Present Vice President/Owner GR Concepts Inc 5840 Old Mystic Court Jupiter, Florida 33458 Responsible for overall management and marketing for construction company involved in the construction of commercial and residential projects. October ! 991 - Present Associate Gary Robinson, Inc. 399 North Cypress Drive Tequesta, Florida 33469 Responsible for the evaluation and reporting of architectural, site planning, interior design and construction issues. Studies and evaluates related human factors and safety issues involving existing buildings and building sites and construction related safety practices. Constructs displays, exhibits, models and provides accident reconstruction services. May 1985 - July 1993 Vice President/Owner Inter/Cad Consultants, Inc. 399 North Cypress Drive -l-equesta, Florida 33469 .Responsible for management, marketing and software development for computer-aided- design business. Provides custom applications software development for firms using computer-aided-design. July 1977 - July 1983 Vice President/Owner Construction Management Systems, Inc. 860 North US Highway One North Palm Beach, Florida Responsible for overall management and marketing for construction company involved in the construction of numerous commercial and residential projects. July 1973 - May 1976 .Senior Designer/Project Architect Ellerbe Architects One Appletree Square Bloomington, Minnesota Designed over 350 million dollars worth of construction in projects consisting of major hospitals, including the National Naval Medical Center, a 20 story Holiday Inn, URBA, a French prototype high speed transportation system, AMTRAK station, and a competition for new athletic facilities for Harvard University. May 1972 - July 1973 Senior Designer/Project Architect The Cerny Assodates Architects 1350 Soo Line Building Minneapolis, Minnesota Designed over 20 million dollars worth of construction induding a distribution center for General Electric, a municipal civic center, bank and office building and a people mover system study. ~ March 1969 - May 1972 Designer/Draftsman Zejdlik/Harmala/Hysell/DeLapp Architects 430 Oak Grove Minneapolis, Minnesota Designed over 35 million dollars worth of construction including several elderly housing projects, medical clinics, pre-school learning centers and the first Model Cities housing project in the United States. City of Palm Beach Gardens APPLICATION FOR POSITIONS ON ADVISORY BOARD (S) Please print in Black Ink Board(s) Applied for: Name: (erinO ,/~j’a_,~,q ~-~ 7~. Telephone: Day ,~-(.o Home Address: ~/¢o~ How long have you been a resident of Palm Beach Gardens? Current Employer: Palm Beach County? Please attach a resume to your application or use space below to summarize qualifications and experience acquiredthat would be helpful to the Board(s) for which you are applying. Special Qualifications for specific board(s) (include past board experience) Educational Background Community Activities{Includeofficesheldandcommitteeservice) ~/ll, ajg" ,~: ~¢’~/ Signature -~~ Date Applications are valid for two (2)years from the date they are signed. Return to City Clerk’s Office, 10500 IN. Military Trail, Palm Beach Gardens, Florida 33410. Michael Thomas Panczak 148 Thomton Drive Palm Beach Gardens, FL 33418 (561) 624-3406 Home (561) 379-7164 Mobile MTPANCZAK@AOL.COM OBJECTIVE To gain a position as an advisory member of The City of Palm Beach Gardens Planning and Zoning Commission. Furthermord, to be instrumental in the thoughtful Planning and Development future of our great city. SUMMA R Y -Native Palm Beach County Resident -Resident of Palm Beach Gardens since 1993 -14 Years Experience in Real Estate Industry -Pro Development with conscience for maintaining "Green Areas" EXPERIENCE Illustrated Properties Real Estate Inc. 10953 N. Military Trail Palm Beach Gardens, FL 33410 BROKER-ASSOCIATE, 2000 to Present Active Top Producing Agent with Northern Palm Beach County’s top real estate brokerage firm. Year’s 2000, 2001 and 2002 Gold Level Top Producer, ranking in top 5% percent Nationwide. North Palm Beach Country Club 951 US 1 North Palm Beach, FL 33408 PART-TIME, WEEKEND GOLF STARTER, 1993 to Present .Coordinate tee-times and maintain pace of play at areas busiest municipal golf CotlrSe. Oxford International Realty 2875 S. Ocean Blvd. Palm Beach, FL 33480 BROKER/PRESIDENT, 1990-1997 Broker/President of Residential Real Estate firm in Palm Beach. Managed and Directed Six to 10 Employees. Active member of Palm Beach Board of Realtors. Merill Lynch Realty 400 Royal Palm Way P~lm Beach, FL 33480 REALTOR/ASSOCIATE, 1988-1990 Worked as an active Realtor in The Town of Palm Beach. Was an active member of Palm Beach Board of Realtors. Member of Chairman’ s Circle. Audio Plus Enterprises 310 Columbia Dr. Lake Worth, FL 33460 OWNER/PRESIDENT, 1984-1988 Owned and ran small Chapter S corporation which installed Disco/Nightclub Sound, Lighting and Video systems. Managed and Directed Four to Six employees. ED UCA TION Lake Worth Community High School Lake Worth, FL High School Diploma, 1979-1983 General High School Studies, Member High School Football Team, Member High School Baseball Team, Member Exchange Club. Gold Coast School of Real Estate West Palm Beach, FL Florida Real Estate Salesperson’s License, 1988 Florida Real Estate Principals and Practices. Florida Chapter 475 Law. Gold Coast School of Real Estate West Palm Beach, FL Florida Real Estate Brokers License, 1989 Florida Real Estate Principals and Practices. Florida Chapter 475 Law. Florida Atlantic University Boca Raton, FL B.A. in Political Science 1997 Undergraduate studies with Major in Political Science. Florida Atlantic University Boca Raton FL Graduate Level Studies, 1998 to Present (Masters in Public Administration) Curriculum 75% complete. Cypress Hollow Homeowners Association P.O. Box 33555 Palm Beach Gardens, Florida 33420-3555 January 16, 2003 Honorable Eric Jablin Mayor of the City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Re: El Paso Seafarer Pipeline Dear Mayor Jablin: On behalf of the residents of Cypress Hollow Homeowners Association, I appear before the Council to express our concerns about the proposed El Paso Seafarer Pipeline. ¯Contracts: The absence of contracts would appear to indicate there is no current need. We understand there may be a more viable alternative in the approved but as yet unbuilt Gulfstream Phase II pipeline. ¯Safety and Security Issues such as: How old is the current gas line co-owned by El Paso and Enron? Why the proposed close proximity to existing residences, schools and hospital? ¯Environmental Issues: An article in The Palm Beach Post newspaper dated November 17, 2002 stated, "...most of the undeveloped land is part of public preserves - the Loxahatchee Slough, the Hungryland Slough and parts of the Pal-Mar natural area - bought with millions of tax dollars to protect sensitive wetlands and native habitat from development." Given these factors, we request City Council pass Resolution 14, 2002 opposing the construction of the El Paso Seafarer Natural Gas Transmission Line as currently proposed. Sincerely yours, Joan Altwater, President Cypress Hollow Homeowners Association CC:Vice Mayor Sabatello Council Member Clark Council Member Russo Council Member Delgado Ron Ferris, City Manager Cypress Hollow Homeowners Board of Directors Palm]3,. eachp, ost.com:Lake Worth gas leak sends 14 to hospitals Page 1 of 4 NEWS PalmBeachPost.com ~ll~OU~Yellow Pages Researching? T~ PostFacts Jobs [ Autos [ Classifieds I Travel I Subscribe I Past 7 Days I Archives [ Contact Us E-Mail Alerts Receive daily updates Sign up now! NEW ONLINE Super Bowl Insider Diet & Exercise Center All-Area football Year in photos Post resume free Golf insider Conflict: Iraq Daily Links Receive E-mail Alerts Dining Guide Home Design TODAY’S PAPER Front Page (PDF) Main News ¯ Politics Local News Business Sports Opinion/Letters Accent Columnists Obituaries Movie Listings Classifieds ¯ Personals ¯ Autos ¯ Homes ¯ Jobs Photography The Day in Photos Don Wright Cartoon Quick Headlines WEEKLY A&E Entertainment Food & Dining Good Life Neighborhood Post Notables TGIF Travel Saturday, January 11 AccentI Business I Local News Main News I Opinion I Sports Lake Worth gas leak sends 14 to hospitals By Antigone Barton, Palm Beach Post StaffWriter Saturday, January 11, 2003 LAKE WORTH -- A rupture in a buried 10-inch natural gas line buckled the asphalt above it Friday morning and sent a 30-foot plume of flammable vapor into the air, yards away from Tri-Rail tracks, Interstate 95 and the city power plant. Fumes reached neighboring Lake Worth High School, sickening 14 staff members and students, who were taken by ambulance to area hospitals. Gas to the broken pipe was shut off about an hour after the leak was discovered. In the meantime, trains were stopped on Tri-Rail tracks. Although 1- 95 remained open, Florida Highway Patrol troopers stood by, prepared to close the highway. If the fumes had ignited before the flow of gas was disconnected, the resulting explosion would have been "devastating," said Palm Beach County Fire-Rescue spokesman Sean Pamplona. He pointed to the train tracks, highway traffic, power plant and overhead power lines as sources that could have sparked an inferno. At Lake Worth High, where winds from the southwest blew the gas, more than 700 students and workers were evacuated from buildings where fumes were strongest. Those suffering the most from nausea, vomiting and asthma attacks were taken to hospitals, while most students were confined to the The cha~ season PALMB Give you a treat! I dining Save o on food RaPenn’ Our Got ¯Wellinqtc ¯S. Fla. F~ ¯Help Cab ¯Fla, Lott~ htt~://www~g~pbi~~~m/partners/pb~~st/epaper~editi~ns/saturday/news-e3 f~ e9cfa68de ~ 69~... 1/16/2003 PalmBeachPost.com:Lake Worth gas leak sends 14 to hospitals Page 2 of 4 Real Estate Wknd ¯ Locator Directory SERVICES NIE Place a Classified Search Archives Subscribe Advertise Announcements 2003 Internships Purchase a Photo Conduct Research Plan your Vacation Events Calendar Contests Page Reproductions Order Shady Palms Order 2003 calendar school auditorium, with windows and ventilation systems closed throughout the school. Florida Public Utilities officials were investigating what caused the pipe to break Friday. The investigation is expected to continue into next week, said Marc Schneidermann, South Florida director for Florida Public Utilities. Although the vast majority of pipeline leaks is caused by workers or machinery, nothing appeared to have disturbed the pipe Friday, firefighters said. No cause for the break has been identified, but no cause has been ruled out, Schneidermann said. Workers at the scene Friday morning discovered a nick near the break in the pipe, which is buried 5 feet, he said. SEARCH FOR NEWS Enter Keyword:The roughly 1 1/2 -mile pipe -- part of Florida Public Utilities’ 1,358 miles of gas mains throughout the state -- wraps around Lake Osborne and ends at the Lake Worth Power Plant, Schneidermann said. A shut-off valve was within 100 feet of the leak, he said. The pipe was installed in 1971 to serve the plant and was in use until about a year ago, when a new, 14-inch pipe was installed for the plant, he said. The 10-inch pipe has been in standby mode for the past year, carrying 250 pounds of natural gas per square inch but not supplying customers or other lines. Officials do not expect to determine until next week how much gas was released in Friday’s leak, which did not disrupt service. As investigators work to discover the cause of the leak, the line will be emptied of gas, Schneidermann said. "It will be interesting to find out the cause," said Pamplona, who called Friday’s incident "very rare." Palm Beach County firefighters handled 143 gas leaks last year, typically for pipes ranging from a half-inch in diameter to 2 inches. In all cases the county’s special operations team responds, equipped to monitor the amount of gas in the atmosphere, while firefighters work with other agencies to evacuate and isolate affected areas. Friday’s mishap called at least three agencies into action in addition to the county fire-rescue. Lake Worth fire and police departments and Florida Highway Patrol responded after city dispatchers received a report of a strange odor around Lake Worth High. City firefighters zeroed in on the source of the leak on Lake Osborne Drive just north of Griswold Drive after spotting the plume of vapors rising about 30 feet over it. ¯ Email this p~ http://www.gopbi.com/partners/pbpost/epaper/editions/saturday/news_e3 fl e9cfa68de 1690... 1/16/2003 PalmBeachPost.com:Lake Worth gas leak sends 14 to hospitals Page 3 of 4 Tri-Rail officials stopped train service to the area and evacuated the Lake Worth station. Florida Power & Light workers and city power plant workers prepared to shut power to overhead lines and transformers near the leak while Florida Public Utilities workers waited for clearance from firefighters to approach the shut-off valve to the pipe. At Lake Worth High, fire-rescue officials evacuated about 800 students from the school’s Building 2, on the southeast side of campus, and the nearby cafeteria, sending students to the school auditorium, about 11 a.m., said Principal Ana Meehan. The school has 3,100 students, and its faculty and staff number almost 200, Meehan said. In other buildings, students remained in their third-period classes. Ninth-grader Jos6 Hemandez was sitting in algebra when the gas entered his classroom. "People smelled it and reacted to it. Somebody was coughing, and they took her away," he said. In the cafeteria, ninth-grader Jennifer Moore was talking to a few friends when she was nauseated by the fumes. The clinic was filled with sick students, so she headed for her fourth-period class. "But I couldn’t breathe -- I just sat there and cried," she said. Ashley Corrie, a senior, said she was in an English class with about 15 other students when the fumes reached them. "I got dizzy, woozy, I felt really bad," she said. "Two other kids in the class started throwing up." Seven of those most severely affected by fumes were taken to nearby JFK Medical Center in Atlantis. Four others were taken to Bethesda Memorial Hospital in Boynton Beach, and three were taken to St. Mary’s Medical Center in West Palm Beach, according to county fire- rescue officials. They are expected to recover fully, Pamplona said Friday. By 1 p.m., the ambulances had left, and students moved among their classrooms. One student stopped Meehan near the parking lot. "All clear?" he said. "All clear," she replied. "We can all breathe deeply now." Staff writers John Lantigua, Kimberly Miller, Mary Ellen Flannery and Chuck McGinness and staff researcher Sammy Alzofon contributed to this story. antigone barton@pbpost.com http://www.gopbi.com/partners/pbpost/epaper/editions/saturday/news e3fle9cfa68de1690... 1/16/2003 Pa .~hytBea, c ,hPost.com:Lake Worth gas leak sends 14 to hospitals Page 4 of 4 Breaking News Vpd~ed ~ery ~s minutes Inspectors Find Emp.ty Warheads in Iraq Columbia Launches With Israeli Astronaut S.Korea Plans ’Worst-Case’ Nuke Scenario Bush Pushes for Medical-Malpractice Caps Professor Admits Lying About Plague Vials Consumer Prices Steady, Energy Costs Up Dow Ends Down 24, Nasdaq Falls 14 Jaguars Hire Jack Del Rio As Coach ¯ More national~world news Back to Top Copyright © 2003, The Palm Beach Post. All rights reserved. By using PalmBeachPost.com, you accept the terms of our visitor agreement. Please read it. Contact PalmBeachPost.com I Advertise with The Post http://www.gopbi.corn/partners/pbpost/epaper/editions/saturday/news_e3fl e9cfa68de1690... 1/16/2003 FOR LEGAL SERVICES FOR THE (.~ Ty OF PALM BEACH Submitted by CHRISTINE PETERSEN TATUM 522 NW 39 Avenue Deerfleld Beach, Florida 33442 (954) 481-8916 WORK EXPERIENCE Villa.qe of Wellinqton, Wellington, Florida; In-house Counsel, April 1998 to December 1999; Village Attorney, December 1999 to Present. Responsibilities include advising Village Council, Boards and Committees and Village staff; coordinating and managing contractual legal services; participating in and presenting continuing legal updates to staff; coordinating legal issues relating to surface water management; reviewing Land Development Regulations; preparing resolutions, ordinances, legal opinions, and reviewing contracts. Siemon, Larsen & Marsh, Boca Raton, Florida; Senior Planning and Land Use Attorney, October 1994 to April 1998. Responsibilities included supervision of the land use and planning activities of the Florida office of the firm; drafting land development regulations for various local governmental clients; representing property owners in the development approval process. Office of the City Attorney, Boca Raton, Florida; Assistant City Attorney, May 1986 to September 1994. Responsibilities included dealing with land use and permitting issues; representation of the Planning and Zoning, the Code Enforcement and the Civil Service Boards; handling litigation and appellate matters for the City as well as preparation of ordinances, resolutions, and legal opinions. Office of the City Attorney, City of Hollywood, Florida; Assistant City Attorney, May 1984 to May 1986. Responsibilities included land use litigation and representation of various City boards and departments, including the Zoning and Community Development Departments. Tatum & Tatum, Plantation, Florida; Of Counsel, September 1982 to December 1983. Responsibilities included a variety of real estate matters, including appellate representation and litigation on behalf of title companies. Law Offices of Elizabeth Athanasakos, Fort Lauderdale, Florida; Attorney, March 1980 to July 1981. Private Practice, Plantation, Florida; Sole Practitioner, October 1978 to February 1980. Le.qal Aid Services of Broward County, Inc., Fort Lauderdale, Florida; Deputy Director, May 1977 to April 1978; Acting Deputy Director, July 1976 to May 1977; Staff Attorney, June 1975 to July 1976. EDUCATION Juris Doctor, University of Miami, Coral Gables, Florida, May 1975, Cum Laude, Law Review, Top 10% Class Ranking, Student Instructor, Moot Court Judge, Wig and Robe, Phi Kappa Phi. Bachelor of Arts, Loyola University, New Orleans, Louisiana, May 1971. AFFILIATIONS State Court Admitted to the Florida Bar, October 1975 Federal Court Admitted to the Southern District of Florida, 1976 Legal Associations Environmental and Land Use Law, Administrative Law and Local Government Law Sections of Florida Bar Florida Municipal Attorneys Association International Municipal Lawyers Association Community Past President, Palm Beach County Youth Symphony Orchestra B.Description of Capabilities to Provide Services This is a proposal to provide legal services as a full-time, in-house employee of the City, with support staff of a legal assistant. Need for specialized legal services, such as litigation, labor counsel, and environmental matters would be contracted services coordinated by the City Attorney. Research will be accomplished through the use of Westlaw Internet access, which is available at a gevernment rate for municipal attorneys, and eliminates the need to incur capital expenses of establishing a legal library. This proposal envisions that the normal office support, such as computers, facsimile machines, and cell phones would be provided by the City for the legal department in the same manner as provided to other City employees. C.Basis of Compensation The City Attorney would be a full-time, salaried employee or contract employee. The Legal Assistant would be a full-time, hourly employee. The specific salaries would be negotiated upon selection, but it is envisioned that compensation for both the attorney and legal assistant would include standard benefits offered to other City employees, and that compensation for the attorney would be equivalent to that of other senior management employees. D. References Frank S. Bartolone, Esq. Assistant General Counsel South Florida Water Management District 3301 Gun Club Rd. West Palm Beach, FL 33406 561-682-2884 Gregory S. Dunham Town Manager Town of Manalapan 600 S. Ocean Blvd. Manalapan, FL 33462 561-585-9477 Trela J. White, Esq. . Corbett & White 309 Lake Ave. Lake Worth, FL 33460 561- 586-7116 Linda Davidson Director, Office of Management and Budget City of Boca Raton 201 West Palmetto Park Rd. Boca Raton, FL 33432 561-393-7703 George Brown Assistant City Manager City of Boca Raton 201 West Palmetto Park Rd. Boca Raton, FL 33432 561-393-7703 Alfred J. Malefatto, Esq. Greenberg Traurig, P.A. 777 South Flagler Drive Suite 300 East West Palm Beach, FL 33401 561-650-7908 E. Significant Public Sector Issues Litigation Related to High School Site Selection. In 2001, School District of Palm Beach County purchased property in the Village of Wellington to construct a new high school. This required a development approval from the Village and resulted in two lawsuits from the adjoining neighbors. The first case was a traditional certiorari petition to challenge the decision of the Village Council, and this case was successfully defended in the Circuit Court. The second case was filed against the Village, the School Board, and Palm Beach County and challenged not only the development approval, but the School Concurrency Interlocal Agreement and certain Palm Beach County comprehensive plan amendments and land development regulations. The three government entities entered into a Joint Defense Agreement to closely coordinate the defense of this litigation. The Court denied an attempt to enjoin construction of the school, and the decision was upheld by the Fourth District Court of Appeal. Recently, the renewed motions to dismiss were filed, and the Plaintiff subsequently dismissed the case. Completion of the High School is anticipated in August 2003. Development of Best Management Practices. Confronted with the approaching statutory deadline for phosphorus reduction in stormwater runoff, a decision was made to initially address reduction by developing best management practices relating to two sources of pollution: livestock waste and fertilizer. Research to find the legal mechanism to establish such regulations indicated a strong likelihood of industry resistance, and potential litigation. Working closely with Village staff, efforts were coordinated through representatives of the fertilizer and fertilizer applicators industry and ultimately regulations were drafted which the industry was able to publicly support. Similarly, numerous meetings were held with representatives of various equestrian interests to develop regulations which addressed the issues without unduly burdening the operation of equestrian businesses. The resultant Best Management Practices Ordinance has been used as a model by the SFWMD to encourage other local governments to address phosphorus clean-up issues. The ordinance has been in .effect for two years with no legal challenges, and initial studies indicate the measures established by the ordinance are reducing phosphorus levels. Joint Facilities Agreement with the School District of Palm Beach County. To facilitate and encourage the collocation of education and recreational facilities, a comprehensive, multi-year Interlocal Agreement was negotiated with the School District of Palm Beach County. This Interlocal Agreement provides for the conveyance of land from the Village of Wellington to the School Board for two elementary schools and one middle school, and the conveyance of land owned by the School Board to the Village for park purposes. The Agreement also provides for the construction of the recreational facilities by the Village for use by the schools and the residents of the Village, with continued joint operation and maintenance established. An additional component of this Agreement was the collocation of a Palm Beach County Fire Rescue station adjacent to the schools, with a coordinated site planning effort for the school, park, and fire rescue facilities. Downtown Redevelopment. During the years when I was the Assistant City Attorney for Boca Raton, the city and its Community Redevelopment Agency embarked on an aggressive, multi-faceted plan to revitalize the downtown. A myriad of legal issues were addressed in effectuating the plan, including the development of a Chapter 163 Community Redevelopment Plan; litigation challenging the Redevelopment Plan; eminent domain proceedings; bond validation challenge to the financing plan for the infrastructure improvements; the creation and approval process for an area-wide Development of Regional Impact; long- term lease arrangements for the Mizner Park project; and several citizen-initiated referenda. In addition to providing legal guidance to the city staff and the redevelopment agency, the City Attorney’s office coordinated the specialized legal services required, including land use attorneys, bond counsel, and eminent domain counsel. Land Use Issues in a New Municipality. The creation of a new municipality presented unlimited legal issues and equally unlimited opportunities for creative solutions. Of particular interest and importance was the transition of zoning and land use regulation from Palm Beach County to a ¯ municipality in an area with long-standing development approvals. This process included refining, reducing, and streamlining the development regulations contained in the County’s Unified Land Development Code into a more workable and user-friendly municipal zoning code. The process required balancing the interests and vision of a newly incorporated municipality with the legally-protected interest of property owners with existing land development approvals. These activities obviously continue to be a work in progress, but substantial progress has been accomplished. Of particular note was the development of a regional mall which had been approved by the County through the Development of Regional Impact process and partially permitted for construction through the County. Just prior to commencement of construction, jurisdictional authority for both zoning and building was transferred to the Village, and the previously-approved Development Order became the responsibility of the Village. A Utilities Agreement and Developer’s Agreement were negotiated with the mall developers to facilitate the transition to Village regulation, and subsequently, the entire Development Order has been revised and reapproved by the Village. F. Litigation Philosophy A City Attorney’s obligation to the City, the elected officials, and the management of the City as clients necessarily involves a responsibility to the taxpayers of that City. ¯Litigating at the expense of the taxpayer, and with the taxpayers’ interests at risk, imposes an additional obligation on a City Attorney to carefully consider all possibilities of settlement. This philosophical approach is effectuated initially by selecting the best legal talent available to litigate on behalf of the City, as a truly effective settlement can be reached most often through a position of advantage in the litigation. After securing the appropriate litigation counsel, the City Attorney has a continual obligation to assess possibilities of settlement at the outset of litigation, and then throughout the course of the litigation, and to bring opportunities for favorable resolution ’ to the attention of the Manager and the Council. The use of the attorney/client meetings authorized by Florida Statutes is an effective tool to keep the city officials informed and in a position to reach favorable resolution of issues. There are certainly instances when litigation is the only solution to a situation, but the costs of litigation, the delays involved, and most importantly the uncertainty underscore the importance of thoroughly investigating and pursuing opportunities for settlement. G. Specific Public Sector Activities Land Use and Planning: A substantial portion of my practice as a municipal attorney has been devoted to the areas of land use and planning, including: Drafting comprehensive plan amendments Drafting land development regulations City of Palm Beach Gardens Council Workshop Agenda January 16, 2003 /~Mayor Jablin ~/Vice Mayor Sabatello Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 JCouncil Member Clark Council Member Russo JCouncil Member Delgado II. III. IV. Vo VI. VII. VIII. IX. X. XI. XII. XIII. CITY OF PALM BEACH GARDENS CITY COUNCIL WORKSHOP January 16, 2003 6:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL ADDITIONS, DELETIONS, MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: a.Blue Ribbon Panel: Report on Canal Restoration and Maintenance. ITEMS & REPORTS BY MAYOR AND COUNCIL: CITY MANAGER REPORT: COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the Cit~ Clerk prior to this Item) CONSENT AGENDA: PUBLIC HEARINGS: RESOLUTIONS: ORDINANCES: (For Consideration on First Reading) ITEMS FOR COUNCIL ACTION: ITEMS FOR DISCUSSION: a.Blue Ribbon Panel: Report on Canal Restoration and Maintenance. XIV. CITY ATTORNEY REPORT: XV.ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk’s Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8700 (VOICE), for assistance. If a person decides to appeal any decision made the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City of Palm Beach Gardens Council Agenda January 16, 2003 Council Chambers ~" ~ 10500 N. Military Trail Palm Beach Gardens, FL 33410 ~Mayor Jablin /Vice Mayor Sabatello ~Council Member Clark JCouncil Member Russo -/Council Member Delgado 11. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING January 16, 2003 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL ADDITIONS~ DELETIONS, MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: ITEMS & REPORTS BY MAYOR AND COUNCIL: CITY MANAGER REPORT: a.Update Regarding. Le~.al Services. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda~ please submit request form to the City, Clerk prior to this Item) CONSENT AGENDA: ao Consideration of approving Minutes from the December 5, 2002 Regular City Council Meeting. b.Consideration of approving Minutes from the December 19, 2002 Workshop City Council Meeting. Co Consideration of approving Minutes from the December 19, 2002 Regular City Council Meeting. d.Resolution 1, 2003 - Interlocal Agreement with Palm Beach County and the City of Palm Beach Gardens regarding use of interoperable eo go jo ko frequencies. Consideration for approving an Interlocal Agreement with Palm Beach County for interoperability through Common Law Enforcement Talk Groups and authorizing the Mayor and City Clerk to execute said agreement. Resolution 7, 2003 - Agreement with Garden Oaks Property Owners Association. Consideration for approving an agreement between the City and the Gardens Oaks Property Owners Association for Uniform Traffic Control on private streets and roadways within the Garden Oaks Community. Authorizing the Mayor and City Clerk to execute the agreement. Resolution 9, 2003 - Contract with Government Services Group, Inc. to Continue PGA Flyover Assessment Service for Fiscal Years 2003/2004 and 2004/2005. Consideration of approving an agreement with Government Services Group, Inc and authorizing the Mayor and City Clerk to execute same. Resolution 15, 2003 - Agreement with BellSouth for the maintenance of the Cisco Smartnet 6509 network switch. Consideration for approving an agreement with BellSouth for the maintenance of the Police Department’s Cisco 6509 Data Communications Switch by "Piggybacking" State Contract No. 250-000-03-1. Resolution 18, 2003 - Appoint Theresa LePore, Supervisor of Elections, as an additional member to the City’s Canvassing Board. Consideration of appointing the Supervisor of Elections to the City’s Canvassing Board and authorizing the Supervisor of Elections to act on the City’s behalf. Resolution 23, 2003 - Award of Printing Services Bid. Consideration for accepting the proposal from Topline Printing and Graphics, Inc. to provide printing and distributing services and authorizing the Mayor and City Clerk to execute an agreement. Proclamation - Consideration of approving a proclamation recognizing Arbor Day. Proclamation - Consideration of approving a proclamation recognizing the Florida Association of City Clerks’ thirtieth anniversary. IX. PUBLIC HEARINGS: Ordinance 51~ 2002_ - Shell Gas Station PUD Amendment - Sign & Color ’Changes (Second Reading): An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to the PGA Shell Service Station Planned Unit Development located at 4445 PGA Boulevard to allow color changes to the building elevations and new signage; providing for conditions of approval; providing for a waiver; providing for conflicts; providing for severability; and providing for an effective date. Ordinance 52, 2002 - Sign Code Amendment Non-Commercial Messages (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the Palm Beach Gardens Code of Ordinances by amending Chapter 78 "Land Development," Article ~ "Supplementary District Regulations," Division 6 "S ns", ig , by adding Section 78-291 "Non-Commercial Messages"; providing for conflicts; providing for severability; providing for codification; and providing for an effective date. Ordinance 49, 2002 - Special Events (Second Reading)., An ordinance of the City Council o~" the City of Palm Beach Gardens, Florida, providing for an amendment to the City Code of Ordinances by repealing Section 78-187, "Special Events," of Chapter 78, "Land Development," and adopting a new Section 78-187, and amending Article v.I j, Section 78- 751, "Defmitions"; providing for codification; provid~g~ for conflicts; providing for severability; ~and providing for an effective date. Resolution 12, 2003 - Special Events Fees. Consideration of amending the City of Palm Beach Gardens Master Schedule of Fees and Charges to include a fee for Special Events and to include an Appeal Fee for denial of a Special Event. X. RESOLUTIONS: Resolution 184, 2002 - Evergrene Master Sign Program. Consideration of approving a Master Sign Program for the Evergrene Planned Community District (PCD), located between Military Trail and Alternate A1A, north of Hood Road and south of Donald Ross Road; providing for amendments to certain conditions in previously approved Resolution 150, 2002, Resolution 72, 2002, Resolution 181, 2001, and Resolution 182, 2001 relating to lighting; providing for waiver; providing for condition(s) approval; providing for conflicts; providing for severability; and providing for an effective date. bo do eo f. ho Resolution 2, 2003 - Authorizing the Provision of In-kind Services to Assist the Classic Foundation, Inc. Consideration of approving in-kind support services to assist the Classic Foundation, Inc. in implementing the Honda Classic Golf Tournament. Resolmion 3, 2003 - Approve a $25,000 Gram for the Classic Foundation, Inc. Consideration for approving a $25,000 Grant to the Classic Foundation, Inc. to provide City police services for the Honda Classic Golf Tournament. Resolmion 4, 2003 - Special Use Agreemem with Classic Foundation, Inc. Consideration of approving an agreement with the Classic Foundation, Inc. for the use of City facilities in connection with the Honda Classic Golf Tournamem. Resolution 5, 2003 - Approve Lease Agreemem with the School Board of Palm Beach County and Sub-Lease Agreemem with the Classic Foundation. Consideration of approving a Lease Agreement with the School Board of Palm Beach County and a Sub-Lease Agreemem with the Classic Foundation, Inc. to provide for temporary parking within the Mirasol School site. Resolution 8, 2003 - Purchase of seven (7) Harley-Davidson Motorcycles. Consideration of awarding the bid for the purchase of seven (7) Harley- Davidson Police Motorcycles to Harley Davidson of Palm Beach, Inc. Resolution 13, 2003 -Appointment/Reappointmem of P&Z Commission Members. Consideration of providing for the reappointment of six (6) regular members and the appointment of one (1) new regular member and two (2) alternate members to the Planning and Zoning Commission of the City of Palm Beach Gardens. Resolution 14, 2003 - Opposing the Construction of the E1 Paso Seafarer Natural Gas Transmission Pipeline. Consideration for approval for opposing the construction of the E1 Paso Seafarer Natural Gas Transmission Pipeline. Resolution 17, 2003 - NorthCorp Lots 4 & 5 Amendment to Resolution 43, 2002. Consideration for an amendment to Condition 3 of Resolution 43, 2002, relating to the timing of installation of perimeter buffer landscaping for "Lots 4 & 5" of the Northcorp Planned Community District (PCD), Located between Riverside drive and East Park drive. jo Resolution 22, 2003 - Placing Bond/Land Acquisition for referendum vote. Consideration for calling a Referendum Election on March 11, 2003 for approval of a proposed bond issue to enhance and improve Park and Recreation Facilities and protect open space for a new park. XI. ORDINANCES: (For Consideration on First Reading) Ordinance 1, ~- Wachovia Bank Building Rezoning. An ordinance of. the City Council of the City of Palm Beach Gardens, Florida, rezoning 2.51 acres of land located at the southeast comer of PGA Boulevard and ~.jYlilitary Trail, as described herein, f~om General Commercial (CG-1) Planned Unit Development (PUD) Overlay with an Underlying Zoning General Commercial (CG-1); amending the City of Palm Beach Gardens Official Zoning Map; providing for a condition of approval; providing for a waiver; providing for conflicts; providing for severability; and providing for an effective date. bo Ordinance 3,_2003 - Reinstating of the "MacArthur Banyan Tree Historic Overlay Protection Zone". An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to Section 78- 682 of the City Code of Ordinances, entitled "Historical and Archaeological Sites," by adding a third criterion, and to establish the MacArthur Banyan Tree as a locally designated historic and/or archaeologically significant site; providing for enactment of Section 78- 683 of the Code of Ordinances, entitled "MacArthur Banyan Tree Historic Overlay Protection Zone"; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. Ordinance 4, 2003 - Benjamin High School PUD Amendments An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of an amendment to the Benjamin Private High School Planned Unit Development by allowing an increase in on-site upland preserve area, off-site mitigation of the wetland preserve area, relocation and redesign of the athletic fields, relocation of the field house and associated parking, and minor modification to the approved architectural elevations, located approximately one-half mile south of Donald Ross Road on the west side of Central Boulevard, and as more particularly described herein; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; providing for an effective date. XII. ITEMS FOR COUNCIL ACTION: XHI. ITEMS FOR DISCUSSION: ao Proposed Countywide Prohibited Invasive Non-Native Vegetation Removal Ordinance. b.Donald Ross Village Uph_nd Mitigation~ XIV. CITY ATTORNEY REPORT: XV.ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk’s Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8700 (VOICE), for assistance. If a person decides to appeal any decision made 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 baset£ I 'I i --* I 1 Y i "1 L r' -. 1 I i i 1 I I I t i ~ I I I 1 1 i i I I I I i i t 1 , i i 1 j ! i j I I I i I I i I I i i I i 1 i I d I I I "1 L I -I c -r r c PROCLAMATION STATE OF FLORIDA CITY OF PALM BEACH GARDENS WHEREAS, The City of Palm Beach Gardens takes pride in recognizing enterprises and individuals who serve to enrich the fabric of our community. PGA National Resort & Spa is one of the greatest highlights of our community, and WHEREAS, The PGA National Resort & Spa has demonstrated its commitment to the innovation and growth of its community, adding value and quality of life for its residents, and WHEREAS, PGA National Resort & Spa is a richly landscaped property offering 339 newly renovated guestrooms and 60 club cottages: five 18-hole tournament golf courses; a world-class spa; 19 tennis courts; a health and racquet club with personal training facility; nine swimming pools; a 26-acre lake; eight restaurants and lounges; and 33,900-square foot conference center. The PGA National Resort & Spa is an inviting, pedestrian-friendly environment where people live and play. NOW, WEREFORE,I, Eric Jab/in, Mayor of Palm Beach Gardens, Florida, along with my commission c<?lleagues, do hereby proclaim Friday, January 1 ~as: PGA NATIONAL RESORT & SPA DAY In Accordance Thereof: I further encourage all citizens of Palm Beach County to join me in recognizing and congratulating all those associated with this event, and in wishing them the very best in their future endeavors. Attest: Patricia Snider City Clerk 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 1 fl' day of January in the Year Two Thousand and three. • ----------------- COMMITTEE FOR EPILEPSY AWARENESS 6670 ROYAL PALM BLVD BLDG. K APT. 302 MARGATE, FLORIDA 33063-2189 Jerry Pizza, Chairman (954) 984-8319 October, 2002 Bill Naulty, Secretary (561) 798-2798 The month ofNovember is ''NATIONAL EPILEPSY AWARENESS MONTH'. The Committee for Epilepsy Awareness would greatly appreciate your assistance in helping bring about an awareness of this disorder, Due to lack of correct information and an abundance of misinformation, people afflicted with Epilepsy have been · discriminated against in all walks oflife. It is our goal to remove the ancient myths, superstitions and prejudices associated with this disorder and educate people as to what Epilepsy is and what Epilepsy is not. Enclosed, please find a copy of our resolution. If your municipality participates in our awareness campaign, please send a copy of the resolution or proclamation to: Jerry Pizza-Chairman Committee for Epilepsy Awareness 6670 Royal Palm Blvd. Bldg. K. Apt . 302 Margate, Florida 33063-2189 Thank you in advance for your interest in and concern for people afflicted with Epilepsy. Sincerely, ~ ~~ c ;erry pizza Chairman P.S. Thanks to your support, last year 330 communities participated in our awareness campaign. COMMITTEE FOR EPILEPSY AWARENESS Jerry Pizza -Chairman (954) 984-8319 William C. Naulty -Secretary (561) 798-2798 RESOLUTION DECLARING NOVEMBER, 2002 AS NATIONAL EPILEPSY AWARENESS MONTH WHEREAS, Epilepsy, also known as Seizure Disorder, has aftlicted mankind since the dawn of our species and has been recognized since the earliest medical writings, and WHEREAS, as long as 400 B.C., Hippocrates, the Father of Medicine, repudiated ancient beliefs that Epilepsy was a visitation from the gods and sacred or that it was a curse from the gods that people afflicted . with this disorder held prophetic powers. Hippocrates believed that Epilepsy was a brain disorder, and WHEREAS, a seizure is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena. It is a sign that certain brain cells (neurons) are discharging an excessive amount of electrical impulses, and WHEREAS, Epilepsy can be caused by injury to the brain, lack of oxygen at birth, brain tumor, infection and brain hemorrhage . In sixty percent of the cases, the cause is unknown, and WHEREAS, Epilepsy can affect anyone, at any age and at any time, and WHEREAS, more than two million Americans are afflicted with some type of Epilepsy. Of this number, 150,000 are Florida residents, and WHEREAS, with the administration of anticonvulsant drugs, two thirds (66 .66%) of those afflicted with Epilepsy are drug controlled, and WHEREAS, lack of education about this disorder has contributed to age old myths, superstitions and prejudices, and WHEREAS, the stigma associated with this disorder is sometimes worse than the disorder itself, and WHEREAS, people who have Epilepsy make reliable and conscientious workers in job perfotmance, productivity, safety, cooperation and attendance, and WHEREAS, studies carried out in the UNITED STATES over the past thirty years have indicated that of all disabilities, Epilepsy poses the greatest barrier to employment with unemployment rates estimated to fall between twenty and twenty-five percent. WHEREAS, Epilepsy should not be a barrier to success. In addition to the normal requirements for success, a person who has Epilepsy needs a supportive environment and employers who are willing to give them an opportunity to become productive citizens. Be it resolved, that the governing body of: does hereby declare the month ofNovember as National Epilepsy Awareness Month. Be it further resolved, that a copy of the Resolution or Proclamation be sent to the Committee for Epilepsy Awareness, 6670 Royal Palm Blvd., Bldg .K., Apt. 302, Margate, Florida 33063-2189 CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, the Flori<Ul Association of City Clerks (FACC) was first established in 1972 as a networking organization for fellow City Clerks in the State of Flori<Ul; and WHEREAS, FACC has today developed into a professional organization, widely respected by local government and state organizations, with over 450 members; and WHEREAS, FACC encourages and provides for high-quality educational training and leadership development programs, seminars, forums, conferences and workshops; offers a Certification Program for educational achievement,· encourages and promotes involvement with other governmental agencies to increase the efficiency of administration of municipal government; offers financial assistance through its Scholarship Program; and the support of a Legislative Committee to insure current dissemination of legislative changes affecting the City Clerk's office; and WHEREAS, through participation in FACC, its members are better equipped to serve its Councils/Commissions, administrative staff and residents in their respective municipalities; and WHEREAS, FACC participates internationally in government through the International Institute of Municipal Clerks, which boasts 10,000 members all over the world. NOW, THEREFORE, I, Eric Jablin, Mayor of the City of Palm Beach Gardens, Florida, do hereby extend my appreciation to the Florida Association of City Clerks for supporting City Clerks and offers warmest congratulations on serving the municipalities of Florida for over 30 years. IN WITNESS WHEREOF, I have hereunto ut my hand and cause l of the City of Palm Beach Ga to be d thia 16th Day of J. and and three. PATRICIA SNIDER CITY CLERK