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HomeMy WebLinkAboutAgenda Council Agenda 080102City of Palm Beach Gardens Council Agenda August 1, 2002 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Jablin Vice Mayor Sabatello Council Member Clark Council Member Russo Council Member Delgado II. Ill. IV. VI. VII. VIII. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING August 1, 2002 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL ADDITIONS~ DELETIONS~ MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: a.Police Department Crime Statistics ITEMS & REPORTS BY MAYOR AND COUNCIL: CITY MANAGERREPORT: COMMENTS FROM THE PUBLIC: (For Items Not on the A~enda, olease submit request form to the City Clerk prior to this Item) CONSENT AGENDA: ao Consideration of approving Minutes from the July 11, 2002 Regular City Council Meeting. b°Consideration of approving Minutes from the July 18, 2002 Regular City Council Meeting. Co Resolution 99, 2002 - Habitat for Humanity. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Certifying that the programs of the Lighthouse Habitat for Humanity, Inc. for the construction of housing for low income persons is consistent with the City of Palm Beach Gardens comprehensive plan and land development regulations; and providing for an effective date. do Resolution 118, 2002 - Award of Fire Suppression Contract - 4 locations. Consideration of accepting a proposal submitted by Suncoast Fire and Safety Equipment, Inc. and authorizing the Mayor and City Clerk to execute an agreement with Absolute Irrigation Services. eo Resolution 120, 2002 - Mirasol PCD SW Maintenance/Storage Facility. Consideration for the approval of a site plan to allow for construction of a Golf Maintenance Facility, Outdoor Recreational Vehicle and Watercraft Storage Area, and two Temporary Trailers to be used as Administrative Offices for the Honda Classic Golf Tournament, located within the Mirasol Planned Community District (PCD). Resolution 123, 2002 - Consultant Agreement. Consideration of approving Continuing Parks Planning and Design Services Agreement with Glatting, Jackson, Kerchner, Anglin, Lopez, Rinehart, Inc. Resolution 125, 2002 -Amendment Number 2 to LBFH, Inc. Agreement. Consideration of approving Amendment Number 2 to Work Order 2002- 003 with LBFH, Inc. for architectural and engineering services related to the planning and design of Westminster Park and Bums Road Community Center. ho Resolution 126, 2002 - Consideration for authorizing the allocation of Art in Public Places Fees for architectural consultant services relating to the PGA Flyover Project. Resolution 127, 2002 - Emergency Services Agreement for Mutual Assistance and Automatic Aid. Consideration for approval of an Emergency Services Agreement for Mutual Assistance and Automatic Aid between Palm Beach County and the City of Palm Beach Gardens. jo Resolution 128, 2002 - Evergrene P.C.D-Plat Three (AKA Parcel 4A) Plat. Consideration for approving the Evergrene P.C.D-Plat Three Plat. ko Resolution 129, 2002 - Interlocal Agreement with Solid Waste Authority. Consideration of approving an interlocal agreement with The Solid Waste Authority for the delivery of municipal solid waste to a designated facility and authorizing the Mayor and City Clerk to execute same. Resolution 130, 2002 -Appointment of members to the Beautification and Environmental Committee. Consideration of appointing two (2) members to the Beautification and Environmental Committee. IX. PUBLIC HEARINGS: ao Ordinance 25, 2002 - Village Square Professional Park Phase II Covered Parking (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from PF Park, LTD., for an amendment to the Village Square Professional Park Planned Unit Development, Phase II, to allow for seven (7) covered parking spaces over existing parking lot to be located on the west side of building #700, said PUD being located at the southwest comer of RCA Boulevard and Prosperity Farms Road, as more particularly described herein. bo Ordinance 31, 2002 - Proposed Annexation of Garden Oaks, Mary Circle, &Sunset Drive (First Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, annexing into the City an area of contiguous, compact, unincorporated real property more particularly described herein and commonly known as "Garden Oaks, Mary Circle and Sunset Drive;" providing for redefinition of the City’s corporate boundaries; providing for referendum election; providing for advertising; providing for conflicts; providing for severability; and providing for an effective date. X. RESOLUTIONS: ao Resolution 121, 2002 - Interlocal Agreement Between City & Lake Park (Joint Development Review). Consideration of adopting an Interlocal Agreement for Joint Development Review with the Town of Lake Park regarding a parcel of land located at the southwest comer of Northlake Blvd. And Congress Avenue, as more particularly described herein. XI. ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: 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. IV. ANNOUNCEMENTS/PRESENTATIONS: a.Police Department Crime Statistics. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING July 11, 2002 The July 11,2002 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. Children from the City’s Camp Sunshine, Riverside Community Center, presented the City with a flag they had made, introduced themselves, and joined the Mayor in leading the Pledge of Allegiance to the Flag. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Vice Mayor Sabatello, Councilmember Clark, Councilmember Russo, and Councilmember Delgado. ADDITIONS, DELETIONS, MODIFICATIONS: Mayor Jablin announced that additions were included in the revised agenda in red and those additions were Resolutions 117, 114, and 115. Councilmember Clark made a motion to add Resolutions 117, 114, and 115 to the consent agenda. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. ANNOUNCEMENTS/PRESENTATIONS Resolution 102, 2002 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Approving a "Piggyback" purchase for Microsoft Software, Maintenance and Consulting services by enrolling in the state Enterprise fund; authorizing the Mayor and City Clerk to execute the necessary enrollment agreements; providing for conflicts; providing for severability; and providing for an effective date. Staff explained that under the state enterprise fund, software could be purchased at a large cost savings and software would be updated as it changed. A total of $44,000 savings would be realized. Blood Needed by Employee - Mayor Jablin announced Sgt. Cary Linderman of the Police Department was in the intensive care unit at Good Samaritan and a bloodmobile would be in front of City Hall on Monday from 7 a.m to 3 p.m for blood donations for Sgt. Linderman. ITEMS & REPORTS BY MAYOR AND COUNCIL: Councilmember Delgado reported she had attended the Florida League of Cities board meeting where a presentation had been made by Adelphia, which had filed Chapter 11. Councilmember Delgado reported the agreement between the City and Adelphia had been updated. Councilmember Delgado announced that the League had appointed her to the Treasure Coast Regional Council, that she had met with Ken Pruitt, who had formerly served on that Council, and the Governor had extended his congratulations. Councilmember Delgado reported that the Business and Professional Women’s state conference was held in Palm Beach Gardens and she had participated in the opening ceremonies. Councilmember Delgado announced that the Honda Classic committee had held another meeting that plans were moving forward, and Roger Dean Stadium was participating. Councilmember Russo reported he had met with Jack Doughney and another committee regarding the Honda Classic who wanted to design a banner to be placed along the main roads for this event, which would CITY OF PALM BEACH GARDENS REGULAR MEET1NG, 7/11/02 2 showcase the City, bring economic impact, and benefit the children of the City. Councilmember Russo reported the Budget Committee had met and he thanked everyone who participated in the budget preparation and the residents for their understanding. Councilmember Clark reported the Beautification and Environmental Committee had held their monthly meeting and were continuing to move forward with plans to prepare an environmental brochure to set forth all City areas available for passive recreation and that the Committee was excited about this project. Mayor Jablin reported attending the first meeting of the Blue Ribbon Panel, which was working on solving the drainage problem in the City, and thanked staff members for their work to get the committee started. COMMENTS FROM THE PUBLIC: Jimbo Bosso, 405 Lighthouse Drive, suggested the City study the possibility of purchasing the cable company so that every house could be connected at a flat rate and every house and business could have an alarm to reduce police force demand and increase property values because of enhanced security. Broadband Internet service and the possibility of local phone service could provide additional savings, and there could be increased services with a revenue stream to the City. CONSENT AGENDA: Councilmember Clark made a motion to approve the consent agenda. Councilmember Delgado seconded the motion. Vice Mayor Sabatello announced he had no conflicts of interest regarding any items on the consent agenda. Motion carried by unanimous 5-0 vote. a. Consideration of approving Minutes from the June 20, 2002, Regular City Council Meeting. b. Resolution 97, 2002 - Mirabella Recreation Center at Mirasol. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of a site plan to allow for the development of a 9,062 square-foot recreation building with pool and tennis courts, located on 2.87 acres within the Mirabella section of the Mirasol Planned Community District (PCD), as more particularly described herein; providing for wavers; providing for severability; and providing for an effective date. c. Resolution 98, 2002 - Mirasol Parcel 13. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of a site plan to allow for the development of 40 semi-custom homes known as Mirasol Parcel 13, located within the Mirasol Planned Community District (PCD). As more particularly described herein; providing for conditions of approval; providing for wavers; providing for severability; providing for conflicts; and providing for an effective date. d. Resolution 102, 2002 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving a "Piggyback" purchase for Microsoft So,ware, Maintenance and Consulting services by enrolling in the state Enterprise fund; authorizing the Mayor and City Clerk to execute the necessary enrollment agreements; providing for conflicts; providing for severability; and providing for an effective date. e. Resolution 106, 2002 - Mirabella at Mirasol Plat "A" Replat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the Mirabella at Mirasol Plat "A" Replat, and providing for an effective date. f. Resolution 107, 2002 - Mirabella at Mirasol Plat "B" Replat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the Mirabella at Mirasol Plat "B" Replat, and providing for an effective date. CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/11/02 3 g. Resolution 108, 2002 - Mirabella at Mirasol Plat "C" Replat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the Mirabella at Mirasol Plat "C" Replat, and providing for an effective date. h. Resolution 109, 2002 - BallenIsles Southwest area Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the BallenIsles Southwest area Plat, and providing for an effective date. i. Resolution 110, 2002 - Mirasol parcel Eleven Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the Mirasol parcel eleven Plat, and providing for an effective date. j. Resolution 111,2002 - Mirasol parcel Twelve Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the Mirasol parcel twelve Plat, and providing for an effective date. k. Resolution 103, 2002 - Amendment to the agreement with Gee & Jenson. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving an amendment to the agreement with Gee & Jenson for architectural services relating to fire station No. 5 and authorizing the Mayor and City Clerk to execute same; providing for conflicts; providing for severability; and providing for an effective date. 1.Resolution 117, 2002 - Appointment of a member to the Education Advisory Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the appointment of (1) regular member to the Education Advisory Board of the City of Palm Beach Gardens, providing for conflicts; providing for severability; and providing for an effective date. m. Resolution 114, 2002 - Work order # 2002-014.1 for LBF&H. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving Work order # 2002-014.1 with LBFH, Inc. for engineering services related to the restoration of the Thompson River Canal - Lighthouse Drive to Holly Drive, providing for conflicts; providing for severability; and providing for an effective date. n. Resolution 115, 2002 - Work order # 2002-014.2 for LBF&H. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving Work order # 2002-014.2 with LBFH, Inc. for engineering services related to the restoration of the Thompson River Canal - 1-95 to Military Trail, providing for conflicts; providing for severability; and providing for an effective date. PUBLIC HEARINGS: Ordinance 27, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, approving a text amendment to the future land use element of the City of Palm Beach Gardens Comprehensive Plan regarding Limited Development West of the City’s Urban Growth Boundary; providing for transmittal to the Florida Department of Community Affairs; providing for codification in the comprehensive plan; providing for severability; providing for conflicts; and providing for an effective date - for consideration of first reading. Principal Planner Steve Cramer presented the amendment. Mayor Jablin declared the public heating open, held on the intent of Ordinance 27, 2002. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. At the suggestion of Councilmember Clark, Mr. Cramer indicated that "passive recreation" would be added as a use between first and second readings. Councilmember Clark moved Ordinance 27, 2002 be CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/11/02 4 placed on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. The City Clerk read Ordinance 27, 2002 on first reading by title only. Ordinance 2, 2002 - (Continued from 06/06/02) - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to Palm Beach Gardens Christ Fellowship Church South Campus Development Order located at 5312 Northlake Boulevard, approximately ¾ miles west of Military Trail, by amending a condition of approval for a previously approved conditional use; amending Ordinance 34, 1999; providing for severability; providing for conflicts; and providing for an effective date - for consideration of first reading. And Resolution 4, 2002 - (Continued from 06/06/02) - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to Palm Beach Gardens Christ Fellowship Development Order by amending a condition of approval for a previously approved site plan for the Christ Fellowship South Campus, located at 5312 Northlake Boulevard, approximately ¾ miles west of Military Trail, amending Resolution 5, 2000; Providing for a condition of approval; providing for severability; providing for conflicts; and providing for an effective date. And Ordinance 44, 2001 - (Continued from 06/06/02) - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to Palm Beach Gardens Christ Fellowship Church North Campus by amending conditions of approval for the site, located on the north side of Northlake Boulevard, approximately 1 mile west of Military Trail as more particularly described herein, amending Ordinance 20, 1997, and Ordinance 23, 1999; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date - for consideration of first reading. Senior Planner Edward Tombari presented one presentation for Ordinance 44, 2001 dealing with the north campus; Ordinance 2, 2002 dealing with conditional use on the south campus; and Resolution 4, 2002 dealing with the site plan on the south campus. Attorney Alan Ciklin and Pastor Mullins spoke on behalf of the petitioner. Mayor Jablin declared the public hearing open. John Delmage, who was in support of the petitions, waived his comments. Rev. Greg Sempscott, 10120 Dogwood, pastor of Church in the Gardens, expressed appreciation for the positive impact of Christ Fellowship Church and support for their cause. Ann Fishman, BallenIsles, expressed support for the petitions. Robert Gray, Hunt Club, commented property values in the Hunt Club had gone up during the past year and supported lifting the restrictions. Bruce Prevost, Nashua Drive in Horseshoe Acres, expressed support, stated that he was grateful traffic was less than if homes had been developed, and the church had been a great neighbor. Jeff Statler, 10208 Allamanda Boulevard, commented on the lives this church had touched and expressed his support to lift the regulations. Gary Carlson, 12043 Colony Avenue, indicated this church had been a positive addition to the City and expressed his support. Nicholas Pellagrino and Melanie Paulus waived their comments and expressed support for Pastor Mullins. David Trombley, 39 St. Thomas Drive, BallenIsles, requested the City support the Church’s requests. Dr. Douglas Reed, 10243 Hunt Club Lane, requested the City lift the restrictions. Bernard Strauss, 116 Palm Point Circle, reported Marooney Auto had parked cars on the church property and asked the City to check into this. Mr. Strauss indicated he would be opposed if CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/11/02 5 the church came back in another two years to request the rest of the restrictions be lifted. Linda Hughey, Reed Drive, recalled previous meetings regarding this church where the City Council had promised they could always come back to request restrictions be lifted and expressed her opinion the City should not now restrict the church to one request. Councilmember Russo that commented on the Sunday after 9-11 that traffic entering Christ Fellowship had been backed up to Military Trail and he had been thankful there were houses of worship for people to go to and no one had called to complain. Nancy Smith, 4278 Hickory Drive, waived comments and indicated she was in support of Pastor Mullins. Fred Kohlmeier, 4462 Hickory Drive, indicated he and his wife concurred with the staff recommendations, and noted all regulations would be met with the restrictions lifted. Phil Lyddon, 51 Cayman Place, current President of the PGA National POA, reported their board had taken a position to try to make sure surrounding developments were reasonable and did not impose excessive burdens on present and future residents. Mr. Lyddon commented that Christ Fellowship did good work but the POA was concerned with the density of use and the traffic generated, and felt lifting the restrictions would generate more traffic, and that he personally saw no reason to restrict simulcasting or shuttle busses. Vito DeFrancesco, 1048 Shady Lakes Circle, President of PGA Corridor Residents Coalition, commented the Council had asked the neighbors to negotiate conditions put onto a piece of property five years ago, which was wrong. Mr. DeFrancesco indicated an addition to the zoning code after that time required churches over 1,000 seats to be in a commercial area and not next to residential; and the code also defined a major amendment code as anything that created more density or intensity, and he agreed with Mr. Lyddon that no restrictions should be lifted which would create more seating and generate more traffic. Jim Wicks, 1011 Woodfield Circle, waived comments. Joan Altwater, 9180 Cypress Hollow, waived comments. Keith Paulus, 10100 Hunt Club Drive, President of Hunt Club HOA, announced he was speaking on behalf of the Northlake Coalition, indicated this was not a religious issue and he appreciated the comments that the church was doing great good for the community. Mr. Paulus indicated this was a rapid-growth commercial type-enterprise in a residential area, which would not be allowed under the new zoning code, and the conditions of approval had been done to preserve the residential character of the surrounding communities, and that to remove some conditions discounted all the negotiation work done originally. Mr. Paulus reported the coalition had met with the church but had not been able to reach any agreements, and reviewed the original conditions and why they should not be changed. Mr. Paulus provided photos of the overflow parking. Mr. Paulus discussed the staff report, which he indicated did not agree with the presentation and requested the report be amended and corrected. Mr. Paulus indicated this was not a religious issue and the concerns were for the future and quality of life of the residents, and the church was so large they could no longer control the actions of the members. Mr. Paulus showed a video from a special event service on the evening of March 30, 2002, to show the traffic, and expressed concern that with growth this would become the normal traffic generated. Mr. Paulus indicated the coalition did not oppose the growth of the church but did oppose more growth of the church in this residential area. Attorney Ciklin’s response, including describing code requirements and traffic performance standards, which had been met, and noting that other churches were not restricted. Carol Estrada, Riverside Drive, commented she sympathized with everyone and would be proud to be their neighbor, described a young man who had turned his life around by attending Christ Fellowship, and CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/11/02 6 expressed her opinion that the residents should be united. Quiermo Flores, Jr., 429 Capistrano Drive, a one-year resident, commented that the City’s growth would continue and would tax not only Christ Fellowship but all other resources in the City. Ileen Tucker, 1045 Shady Lakes Circle, commented Christ Fellowship did good things but there came a point when the membership must be closed. Steven Ziedman, 4306 Golfers Circle East, commented on the good Christ Fellowship had done and disagreed with the previous person that membership should be closed. Bob Kaplan, 102 Windward Drive, requested focus on outside events and stated he did not understand how those limited anyone from worshiping at the church. Mr. Kaplan commented the intent of the original limitations was to say what belonged there and the City Council should define what was meant by temporary seating. David Gaylord, 10272 Hunt Club Lane, suggested adding a lane into Hunt Club Drive for traffic to move more freely. June Pack, 11101 Hunt Club Drive, expressed concern with the church’s growth and the traffic that would be generated. Carol Jacobs, 16 Burda Lake Drive, commented no one had addressed the vision and what would happen on the vacant ten acres. Nells Christensen, 16 St. Thomas Drive, BallenIsles, commented common sense told him this church was a good thing. Michael Cowen, 205 N. Pine Drive, injected a note of humor by asking the Council during November/December to restrict the number of people who could go to the mall because of traffic. Anthony Phillips, 4771 Arthur Street, commented he was a member and had never had a problem with traffic at the church or with finding parking and never had to park across the street. Hearing no further comments from the public, Mayor Jablin declared the public heating closed. Mayor Jablin indicated the church had done a wonderful job and religious freedom was not being restricted, that this was a land use issue, and he was afraid by lifting the conditions that the church might not be able to continue doing a wonderful job. Councilmember Clark concurred that the church did good work but commented this was about land use on a constrained site and approval had only been issued with conditions agreed upon by the church and the City, as with all petitioners, and advised that the surrounding communities might be more comfortable if the church had on file with the City a plan for the 10 acres owned by the church and the additional ten acres they would probably purchase. Councilmember Clark indicated he was not prepared to vote on this matter without concurrence by the surrounding communities, and there was also the matter of the impact on this evaluation process of the religious land use and institutional persons act of 2000, and there must be clarification as to whether that law applied and constrained the City Council if there was not concurrence by the surrounding communities. Councilmember Clark recommended this matter be tabled until the courts had handed down a declaratory judgment on this law and a plan for the additional land was on file with the City. Councilmember Russo indicated he did not want to go to court, wanted the parties to work to resolve the issues, and wanted to understand the issues. Staff clarified the extra seats requested were for all services and not just for special events. Vice Mayor Sabatello expressed his opinion there should be no special events and that the number of seats and parking spaces did not regulate the number of people who attended. Vice Mayor Sabatello indicated he did not understand the position of the coalition or homeowners associations, or how the number of people would be enforced, commented that the City Council needed to understand the bigger picture, questioned how traffic would have been different compared to the traffic there would have been if homes had been held here, and indicated staffhad done a good job. Councilmember Delgado commented Christ Fellowship did a great job that this was a land use issue, and indicated she had performed research into the religious freedom act, CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/11/02 7 and had concluded that the City needed to obtain a declatory judgment on the religious freedom act. The City Attorney explained the church’s position regarding the religious freedom act and recommended the City Council obtain a declaratory judgment in the absence of any precedent. Vice Mayor Sabatello stated he would rather find out the position of the coalitions and HOAs and why, instead of going to court. Councilmember Russo also indicated he did not wish to go to court. Discussion ensued. The applicant indicated they were willing to provide within 90 days a conceptual plan for the 10 acres and to do what the coalition wanted if they knew what that was. It was decided to hold a workshop with both sides to obtain the answers to the questions asked by the City Council. The City Attorney advised that ifa condition was changed, if any action at all was taken, the City was taking a risk that the applicant would still go to court under the religious freedom act which could mean the law would revert to the 1997 ordinance, making all the original conditions void. It was clarified that a declatory judgment was not a hostile action but was only to clarify the law, and a decision should be obtained within 6 months at a cost of $10,000. Mr. Ciklin indicated they would not come back in another four years to ask for more and would agree to waive their rights under the religious freedom act in that respect. Councilmember Clark proposed workshops to be attended by applicant, Council, staff, and representatives of the coalition to work things out. Mayor Jablin allowed Keith Paulus to speak. Mr. Paulus stated the coalition was not willing to modify the conditions in any way, was not willing to spend more time, and was in favor of obtaining a declatoryjudgment. Discussion ensued regarding the religious freedom act and obtaining a declatoryjudgment or if the applicant could waive their rights under the religious freedom act. Mr. Paulus agreed to come to a workshop. Councilmember Clark requested a more definitive plan for the additional ten acres be presented at the workshop. Vice Mayor Sabatello commented the City Council was not divided and wanted to do the right thing. Mayor Jablin indicated he wished to resolve the matter. Mayor Jablin declared the public hearing reopened. Councilmember Clark made a motion to continue the public hearing on this matter to the September 5, 2002 meeting. Councilmember Russo seconded the motion, which carried by unanimous 5-0 vote. Consensus was to hold a workshop during the first part of August on a date that all the parties could attend. CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/11/02 8 ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 11:22 p.m. APPROVAL: MAYOR JABLIN VICE MAYOR SABATELLO CHAIR PRO TEM CLARK COUNCILMEMBER RUSSO ATTEST: COUNCILMEMBER DELGADO PATRICIA SNIDER CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING July 18, 2002 The July 18, 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; and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Vice Mayor Sabatello, Councilmember Clark, and Councilmember Delgado. Councilmember Russo was absent from the meeting. ADDITIONS, DELETIONS, MODIFICATIONS: Mayor Jablin announced that additions were for a presentation that did not need a motion and for an addition to the consent agenda. Councilmember Clark made a motion to add item C, Resolution 124, 2002 to the consent agenda. Councilmember Delgado seconded the motion, which carried by unanimous 4-0 vote. ANNOUNCEMENTS/PRESENTATIONS Budget Presentation - Finance Director Allan Owens made the budget presentation and explained that the main purpose of this meeting was adoption of Resolution 119, 2002, to establish the proposed millage rate for fiscal year 2002/2003. Proposed budget amounts for revenue and expenditures were reviewed for each department and an increased millage rate was recommended. Projected revenues, expenditures, and reserves through 2007 were presented. The amount to be transferred to the golf course account was recommended to be increased. A workshop was proposed to be held preceding the City Council meeting on August 15 at 5:30 p.m., with a community information meeting a week later. Budget hearings were recommended for September 4 at 7 p.m. and September 18 at 7 p.m. Staff recommended approval of Resolution 119, 2002 which sets the maximum operating millage rate of 5.9067 and the debt millage rate of.3443, and establishes the first budget hearing for September 4. Annexation and Urban Services Report - Senior Planner Kara Irwin presented the report that was required for annexation of Garden Oaks, Mary Circle, and Sunset Drive as set forth in Resolution 116, 2002. Each of the three areas was described and annexation requirements were reviewed. Staff recommended approval of Resolution 116, 2002 and initiation of the formal annexation process. Drainage improvements and code enforcement concerns were discussed. It was reported that Garden Walk had also expressed interest in being annexed. Terrence Brady from Garden Oaks indicated the residents of Garden Oaks were happy to be annexed into the City. ITEMS & REPORTS BY MAYOR AND COUNCIL: Vice Mayor Sabatello questioned the status on drainage to which staffresponded that work had been started. There would be a meeting for residents on August 29, and the first two priority areas plus a secondary canal would be improved. The Vice Mayor requested the numbers on crime be addressed at the next meeting. Councilmember Delgado reported the CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/18/02 2 appointees to the Parks & Recreation Board had worked out well, which was confirmed by staff. The City Manager indicated the lobbyist report would be made on a periodic basis when there was something to report. Councilmember Clark reported an application had been received for the vacancy on the Beautification and Environmental committee. Councilmember Clark reported that at the MPO meeting there had been a compliant regarding 1-95 noise walls, and the walls might be re-designed by DOT for better noise protection. Proposed turnpike interchange improvements had been discussed for various locations and the PGA Boulevard interchange expansion was still proposed to be to the west with the exception of a Sunpass lane. Councilmember Clark reported that DOT had indicated they would like to add a couple of toll booths, for which right-of-way would need to come from the Mirasol project, and requested that the City Council keep this in mind when that project came before them. Councilmember Clark also reported that DOT was still meeting with Steeplechase residents regarding the Beeline Highway interchange design, that the City was still objecting, and that there was currently no funding for this project. Mayor Jablin welcomed new residents to the City. Mayor Jablin reported the Blue Ribbon panel had met and discussed funding for drainage improvements. COMMENTS FROM TIlE PUBLIC: John Rose, 4401 Holly Drive, volunteered to provide information regarding an acoustic seminar and requested that someone from the City attend to learn more about how noise traveled in order to improve the 1-95 noise walls. Pat Hughey, Reed Drive, extended an invitation to attend a free one-day program on business ethics on July 31, sponsored by the Palm Beach County Character Council, to be held at the County Commission Building. John Gary, an attorney representing 11 developers of undeveloped property along PGA Boulevard outside the mall, reported that the County was having their comprehensive plan transmittal heating next Wednesday regarding the PGA CRALLS, and explained that the effect of the proposed amendment would be to add additional restrictions to the CRALLS which would put every developer on PGA Boulevard at risk. Mr. Gary explained that the Land Use Advisory Board had voted 6-4 that the CRALLS not be amended, and commented this item only affected Palm Beach Gardens and they needed to respond at the hearing. Discussion with the City Council and City Engineer ensued regarding how the CRALLS worked in regard to linkage roads, and regarding the proposed language. Consensus of the City Council was that the Mayor send a letter to the County Commission stating the City did not support the language because it was unclear and the City would adhere to it’s own policy. Councilmember Delgado indicated she would attend the heating. Attorney Gary reported the developers had sent $25,000 to the City for updating the traffic analysis, explained the need for a PGA Corridor Master Plan, and reported that the language the County proposed for its comprehensive plan would affect the entire county and significantly impact all the municipalities. Staffconfirmed the proposed language would limit the City’s home role over its own municipality. It was the consensus of the City Council to send a letter of opposition. The City Manager stressed the importance of as many City Councilmembers as possible to attend the hearing. CONSENT AGENDA: Councilmember Clark made a motion to approve the consent agenda. Councilmember Delgado seconded the motion. Motion carried by unanimous 4-0 vote. CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/18/02 3 ao b° Resolution 104, 2002 - Appointing an Alternate Member to fill a vacancy on the Planning & Zoning Commission. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, appointing one alternate member to the City of Palm Beach Gardens Planning and Zoning Commission; and providing for an effective date. Resolution 105, 2002 - Tanglewood West Road Closure. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, authorizing the temporary closure of the southern portion of Tanglewood West road for construction activities; providing for conflicts; providing for severability; and providing for an effective date. c. Resolution 116, 2002 - Garden Oaks, Mary Circle, Sunset Drive Annexation Urban Service Report. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, accepting the urban services report for the annexation of Garden Oaks, Mary Circle, and Sunset Drive and directing City Staff to file the report with the board of county commissioners; providing for conflicts; providing for severability; and providing for an effective date. d. Resolution 119, 2002 - Millage Rate. Consider adopting a proposed maximum millage rate for the City of Palm Beach Gardens for fiscal year 2002/2003; setting the date, time and place of the first budget hearing. PUBLIC HEARINGS: Ordinance 29, 2002 -An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the comprehensive plan of the City of Palm Beach Gardens by revising tables 11A and 11B of the public school facilities element; Providing for transmittal; providing for adoption; providing for codification in the comprehensive plan; providing for severability; providing for conflicts; and providing for an effective date - for consideration of first reading. Principal Planner Talal Benothman presented the City- initiated ordinance. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 29, 2002. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place Ordinance 29, 2002 on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 4-0 vote. The City Clerk read Ordinance 29, 2002 on first reading by title only. Ordinance 3, 2002 -An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Gables East Construction, Inc. for approval of a rezoning of an approximately 240.65 acre parcel of land to Planned Community District (PCD) Overlay Zoning with underlying zoning of RL-3 (Residential Low) to allow for 450 multifamily dwelling units, 200 single family units, and 146 assisted living facility units and accessory structures located on the west side of the Ronald Reagan Turnpike, south of Northlake Boulevard and north of the Beeline Highway, as more particularly described herein; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date - for consideration of second reading.. Senior Planner Kara Irwin presented the project. Henry Skokowski spoke on behalf of the applicant. Vice Mayor Sabatello requested the roofline be softened where it could be viewed from Northlake Boulevard. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 3, 2002. Heating no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/18/02 4 motion to adopt Ordinance 3, 2002 on second reading by title only. Councilmember Delgado seconded the motion, which carded by unanimous 4-0 vote. The City Clerk read Ordinance 3, 2002 on second reading by title only. Ordinance 21, 2002 -An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application for a rezoning of approximately 11.11- acre parcel of land from General Commercial (CG- 1) to a Planned Unit Development (PUD) Overlay Zoning District with a underlying zoning of General Commercial (CG-1), known "PGA Plaza," by approving the renovation of the parking and landscape areas to accommodate the intersection improvement of PGA Boulevard as required by the Regional Center DRI Development Order on the site located on the southwest corner of the intersection of PGA Boulevard and Prosperity Farms Road, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date - for consideration of second reading. Senior Planner Kara Irwin presented the project. George Gentile spoke on behalf of the petitioner. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 21, 2002. Heating no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to approve Ordinance 21, 2002 upon second reading by title only. Councilmember Delgado seconded the motion. Vice Mayor Sabatello stated he would vote against the motion because he believed there should be no curb cuts in front of the plaza. Motion carded by 3-1 vote, with Vice Mayor Sabatello opposed. The City Clerk read Ordinance 21, 2002 on second reading by title only. Ordinance 26, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the Land Development Regulations of the City of Palm Beach Gardens by adopting a four-lane cross section for PGA Boulevard west of the avenue of the champions and revising the existing six-lane cross-section to apply to the segment west of the Turnpike and east of the Avenue of the Champions; Providing for transmittal; providing for adoption; providing for codification in the City Code of Ordinances; providing for severability; providing for conflicts; and providing for an effective date- for consideration of second reading. Principal Planner Talal Benothman presented the staff-initiated amendment. Mayor Jablin declared the public heating open, held on the intent of Ordinance 26, 2002. Heating no comments from the public, Mayor Jablin declared the public heating closed. Councilmember Clark made a motion to approve Ordinance 26, 2002 upon second reading by title only. Councilmember Delgado seconded the motion. Motion carded by unanimous 4-0 vote. The City Clerk read Ordinance 26, 2002 on second reading by title only. RESOLUTIONS: Resolution 101, 2002 - A Resolution of the City Council of the City of Palrn Beach Gardens, Florida, providing for the approval of an application from Woolbright Development, Inc., for an amendment to the "Crossroads at Northlake" shopping center, located at the southeast comer of Interstate 95 and Northlake Boulevard, to allow for the elimination of 36,500 square feet of previously approved, unbuilt anchor tenant space, the addition of 600 square feet to a 5,000 square-foot previously approved, unbuilt out-parcel, an additional 8,000 square feet of anchor tenant space, modifications to the parking lot, and facade renovations on an approximately 21.02-acre portion of the "Crossroads at Northlake" shopping center, as more particularly described in Exhibit "A" attached Hereto; providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective CITY OF PALM BEACH GARDENS REGULAR MEET/NG, 7/18/02 5 date. Senior Planner Ed Tombari presented the project. Henry Skokowski spoke on behalf of the applicant. Councilmember Clark made a motion to approve Resolution 101, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 4-0 vote. ITEMS FOR COUNCIL ACTION: La-Z-Boy Appeal - Growth Management Director Charles Wu explained that Bennigan’s Restaurant had been denied based on the designated use of specialty retail for this property. La-Z-Boy representative, Alan Maxler, real estate agent for Colwell Banker, requested approval for Bennigan’s on this site. Don Hardy, President of ADF Companies, disagreed with the denial based on his belief that the code was broad enough to include a casual upscale restaurant operation on this site. Michael Gross, Vice President of Operations for ADF Companies, provided informational handouts and a menu for Bennigan’s restaurant, and reviewed the company’s operations and charitable work. Mayor Jablin and Councilmember Clark commented that their intent was not to have a restaurant on this site. Bennigan’s was encouraged to submit an application for another location within the City. Councilmember Clark moved to deny the request. Councilmember Delgado seconded the motion, which carried by unanimous 4-0 vote. ITEMS FOR DISCUSSION: Workshop - News-rack Regulations - Code Enforcement Director Kelvin Wise provided a presentation and a staff recommendation that newsracks be provided and maintained by a third party. Council support was expressed to have the regulations apply citywide and to have pre-selected newsrack locations. John Roads commented that locations could be proposed by those responding to an RFP. Growth Management Director Charles Wu explained that a lengthy process by staff would need to take place before selection of sites was approached. Staff was advised to move at their own pace and take time to work this out. A representative of Palm Beach Post and the Miami Herald indicated their concern was who would build the modular racks and take over the project, since none of the newspapers or the manufacturer of the modular racks would want to do that. An altemative of keeping individual racks with uniform color and the newspapers policing themselves was suggested. Randy Cox, representing the Sun Sentinel, explained that the free publications placing their different racks and not taking care of them was the problem, and that no newspaper would be responsible for all the racks at a location, or for installing a curb. Direction to staff was to see if there were companies who would respond to the RFP. Workshop - Stealth Tower - Senior Planner Edward Tombari made a presentation which included additions to the LDR language to only allow one tower per PUD of 50 acres or more; to add that in a residential PUD there must be 500 feet minimum from base of tower to nearest residential structure; to require adherence to all standards within the wireless telecommunication facilities ordinance, and to give the City Council waiver powers consistent with the LDR’s. Tower lot line would be defined as the lease line for the tower site. It was clarified that the only type of tower allowed would be a stealth tower, that a clubhouse was not considered a residential unit but that could be changed, and that flags were already covered. The Westwood Gardens stealth tower was discussed. CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/18/02 ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 11:30 p.m. APPROVAL: MAYOR JABLIN VICE MAYOR SABATELLO CHAIR PRO TEM CLARK COUNC]LMEMBER RUSSO ATTEST: COUNCILMEMBER DELGADO PATRICIA SNIDER CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 1, 2002 Date Prepared: June 27,2002 Subject/Agenda Item: Resolution 99,2002, certifying that the programs of the Lighthouse Habitat for Humanity, Inc. for the construction of housing for low-income persons is consistent with the city’s comprehensive plan and land development regulations. Recommendation/Motion: Motion to approve Resolution 99, 2002. Reviewed City Attorn~ Finance Other Growth Mgt. Director City’l~la~age~ Originating Dept.: Planning Division Advertised: Date: Paper: [ X ] Not Required Affected parties [ ] Notified [ X ] Not required Costs: $ N/A Total $ N/A Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [] Approved w/conditions [ ] Denied [ ] Continued to: Attachments: 1.Resolution 99, 2002. 2.Letter dated May 31, 2002, from the Lighthouse Habitat for Humanity. 3.Tax credit narrative. [ ] None BACKGROUND Lighthouse Habitat for Humanity, Inc., a non-profit organization located in Tequesta, is seeking certification by Palm Beach Gardens in order to possibly sponsor future projects in the city under the Community Contribution Tax Credit Program. This program provides corporate income tax credit and sales tax refunds to business firms that donate cash, property or goods to eligible projects such as the construction of low-income housing. Meeting date: August 1, 2002 Date prepared; June 27, 2002 The Community Contribution Tax Credit Program provides an incentive (50% corporate tax credit or sales tax refund up to $200,000) to encourage Florida corporations to make donations toward community development and low-income housing projects. Non-profit organizations and units of state and local governments may apply to become eligible sponsors and solicit donations under the program. Lighthouse Habitat for Humanity intends to build two homes in partnership with Watermark Communities, Inc. (WCI) in unincorporated Cabana Colony. Each home, excluding the value of the two donated lots, is expected to cost $50,000. Habitat is seeking a donation of $100,000 from WCI to cover the construction costs. While this organization has no plans for such housing in the city at this time, the proposed resolution has been requested for the possible future construction of housing for low- income persons in the City of Palm Beach Gardens. STAFF RECOMMENDATION Staff recommends approval of Resolution 99, 2002. g:\sc\text\habitatres062702 2 June 27, 2002 CITY OF PALM BEACHGARDENS, FLORIDA RESOLUTION 99, 2002 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, CERTIFYING THAT THE PROGRAMS OF THE LIGHTHOUSE HABITAT FOR HUMANITY, INC. FOR THE CONSTRUCTION OF HOUSING FOR LOW INCOME PERSONS IS CONSISTENT WITH THE CITY OF PALM BEACH GARDENS COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Lighthouse Habitat for Humanity, Inc.’s ("Habitat") program for the construction of housing for low income persons is designed to offer homeownership to low income residents of the City of Palm Beach Gardens in an effort to eliminate substandard housing and develop a healthy, safe and economically viable community; and WHEREAS, the Habitat building program makes owner-occupied housing available to all eligible persons through public-private partnerships and "sweat equity" on the part of the purchasing persons; and WHEREAS, the Habitat building program is consistent with the provisions of the Comprehensive Plan of the City of Palm Beach Gardens and all local plans and regulations; and WHEREAS, the City of Palm Beach Gardens supports both the Habitat building program and incentive programs that facilitate the provision of affordable, owner- occupied housing; and WHEREAS, Chapter 220, Florida Statutes, provides corporate income tax credits such as the community contribution tax credit, as set out in Section 220.183, Florida Statutes, as an incentive to donate materials to eligible projects for the construction of low income housing; and WHEREAS, the criteria set forth in the Statute requires a certification by local government that the project is consistent with local plans and regulations be included in the application for community contribution tax credits. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLOR/DA, AS FOLLOWS: Section 1. Lighthouse Habitat for Humanity’s building program providing for the construction of housing for low-income residents of the City of Palm Beach Gardens is consistent with local plans and regulations. Section 2. The City’s Growth Management Department is hereby authorized and directed to file this Resolution with the State of Florida, Office of Tourism, Trade and Resolution 99, 2002 June 27, 2002 Economic Development of the Executive office of the Governor, The Capitol, Suite 2001, Tallahassee, Florida 32399-0001, to enable Lighthouse Habitat for Humanity, Inc., to obtain approval for its projects. Section 3. This resolution shall take effect immediately upon its passage. PASSED AND ADOPTED THIS DAY OF 2002. MAYOR ERIC JABLIN ATTEST:APPROVED AS TO LEGAL FORM AND SUFFICIENCY: PATRICIA SNIDER CITY CLERK LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABL1N VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER DELGADO COUNCILMEMBER RUSSO AYE NAY ABSENT g:\sc~res~resolution99,2002 Resolution 99, 2002 ghthouse HABITAT FOR HUMANITY "l uilding houses with od’s people need" 578 N. US Hwy. One ¯ Tequesta, FL 33469 May 31, 2002 President Mark Burin City of Palm Beach Gardens Division of Growth Management 10500 N. Military Trail Palm Beach Gardens, FL 33410 To the Attention of: Mr. Charles Wu, Mr. Steven Cramer, Mr. Kelvin Wise Vice President John McGowan Secretary Bob Ritter Treasurer Allan Bartlett Directors Lynn Feyk Tim Goering Joy Gouyd Martin Gouyd John Holton Jack Reid Bea Sallabi Kelvin Wise Terry Yeager Executive Director Patricia Stidham Gentlemen: It was a pleasure to meet with you regarding the Lighthouse Habitat for Humanity/WCI Communities Build in the Cabana Colony neighborhood. While we are aware that the Cabana Colony community lies in unincorporated Palm Beach County, we believe that it i s important that the municipal government of Palm Beach Gardens is knowledgeable and supportive of our construction activities. As you know, we intend to utilize the Community Contribution Tax Credit Program as incentive for WCI Communities, Inc. to fund this build. We hope that as a result of the construction of these two homes, we will attract additional corporate donors for the next allocation of funds through the CCTCP. An integral part of the application process is the submittal of certified resolutions from local government entities where the project is located stating that the proposed project is consistent with local plans and regulations, including comprehensive plans. Therefore, in anticipation of future construction or rehabilitation of affordable homes in the Palm Beach Gardens area utilizing CCTCP incentives, we respectfully request passage of the enclosed resolution through the consent agenda of the City Council of Palm Beach Gardens. I have enclosed a packet of information regarding our program services and those of Habitat for Humanity International. Please feel free to phone me with any additional questions or concerns. I would be most happy to attend the Council meeting to answer any questions relative to the resolution. Sincerely, Patricia Stidham, LHFH Executive Director Office: 561-743-7526 ° Fax: 561-743-5877 ° Thrift Shop: 561~743-3660 E-mail: lhfh@hotmail.com Lighthouse Habitat for Humanity Tax Credit Sponsor Application--Narrative Background Lighthouse Habitat for Humanity was incorporated as an affiliate of Habitat for Humanity International in 1993 to provide simple, decent, affordable housing in northern Palm Beach County and southern Martin County. Our mission is: "To make home ownership available in northern Palm Beach County and southern Martin County for families who would not be able to break the bonds of poverty and substandard housing. Our purpose is to build and rehabilitate simple, decent and affordable housing using the principles of no- interest, no-profit. We provide the whole community an opportunity to work together. In so doing we will provide hope, dignity, stability, and self-esteem for God’s people in need. Our goal is to increase the pool of affordable housing, providing decent homes in decent neighborhoods for qualified, low income families in our community. The pdmary focus of our program service is north Palm Beach County, which runs roughly from PGA Boulevard on the south to the boundary between Martin and Palm Beach County. As of the end of May 2002, we will have completed 16 homes, which now serve approximately 85 family members. In 2002, we hope to start an additional 4 to 6 homes. Type of Contributions Sought Lighthouse Habitat for Humanity intends to build two homes in partnership with WCI Communities, Inc. in Palm Beach Gardens, Palm Beach County. Each home, excluding the value of two donated lots, is expected to cost $50,000.00. Therefore, we are seeking a donation of $100,000.00 from WCI Communities, Inc. to cover construction costs of two homes in the Cabana Colony neighborhood of Palm Beach Gardens. Lighthouse Habitat for Humanity builds all of its homes with donations from corporations, individuals, faith based groups,and foundation grants. These donations are usually in cash but occasionally are "gifts in kind" such as building supplies, which can be utilized in the building process. We hope and anticipate that the WCI Communities donation will spur other corporations, especi, ally those related to the building industry, to seek our sponsorship through the Community Contribution Tax Credit Program. Project Timeline/Project Management The build is scheduled to start July 15, 2002; and will last approximately 4 to 6 months. Lighthouse Habitat for Humanity employs a construction supervisor who will direct the project, and work in conjunction with the WCI purchasing unit to coordinate subcontractors and matedal deliveries. Whenever possible, Lighthouse Habitat will schedule volunteer groups to help with the build process. Our pdmary sources of volunteer labor come from our Habitat family partners, and the many church and youth groups in the area. Additionally, we have enjoyed the many volunteer hours contributed by corporate employees who often come to our construction sites for a team building experience. History and Program Services of Lighthouse Habitat for Humanity Chartered in 1993, and an affiliate of Habitat for Humanity International, Lighthouse Habitat for Humanity (LHFH), a 501(c)(3) corporation, seeks to eliminate substandard housing from our community. Through volunteer labor and tax-deductible donations of money and materials, Habitat builds simple, decent affordable houses with the help of the homeowner (partner) families. In addition to a down payment and no-interest monthly mortgage payments, the partner family invests 500 hours of their own labor---sweat equity---into the building of their house and the houses of others. Since inception, LHFH has built sixteen homes. All are located in Jupiter, Florida, but our area of geographic interest extends from the northern Palm Beaches to Hobe Sound. In year 2000, our firs multi- home site, the Center Street Village in Jupiter was completed. This is a complex of eight semi-detached homes with common areas. All sixteen homes are of CBS construction. Fourteen have three bedrooms and two baths; and two have four bedrooms and two baths, but are built on the same foo!print as the three bedroom homes. Through our relationship with Habitat for Humanity International, ten percent of our unrestricted funds are utilized to build homes globally. For several years, we have requested that our tithe monies be spent in Guatemala, to support Habitat’s efforts in that country. The governance of LHFH, the directions of its work and the control of its properties is vested in the Board of Directors, its Officers and the Executive Director. The Board of Directors is a diverse group of sixteen individuals who serve without compensation for three year terms. The Board meets monthly and holds an annual retreat to review effectiveness and formulate annual goals. The Executive Director is a paid professional who is responsible for the daily administration of the organization, oversees the construction process, coordinates the activities of the standing committees and reports to the Board of Directors. In addition to the Executive Director, paid staff consists of a part-time construction supervisor, thrift store manager, and a part-time secretary. Rene and Associates, CPA prepares our annual financial audit, supervising the Treasurer and part-time bookkeeper. Our most recent audit is available upon request. In January 1994, in an effort to raise funds and increase community awareness and support, our Thdft Store was opened. Operated primarily by volunteers under the supervision of a store manager, the store is open four days a week and accepts donations of clothing, household goods and furniture. The store’s profits provide approximately sixty-five percent of the funds for home building and other program services. Additional funding is provided through individual donations from our database of over 3500 Habitat supporters, grant contributions from foundations and corporate donors, area faith based groups, special events and mortgage payments of our partner families. With this very encouraging commitment of our community network, we anticipate a strong future of building affordable, decent housing in the northern Palm Beaches. Homeowner Selection and Mortgage Homeowners are selected based on four basic criteria: Current residency in Palm Beach County. ¯Present housing is substandard, overcrowded or unaffordable. ¯Ability to pay a $350 to $450 monthly mortgage payment. The mortgage is based on the cost of the home build, and is interest free. Income is not greater than 50% of the West Palm Beach metropolitan area median. Ability to save for and pay $1100 in closing costs. Willingness to partner in building their new home. Family partners must commit to completing 500 hours in building their own home and those of other Habitat families. Minimum and maximum income levels for new homeowners are determined based on two key factors: ¯Dependable take-home income between 30% and 50% of the 1997 West Palm Beach metropolitan area median income ($48,000 for a family of four), considering family size. ¯Monthly expenses and debt payment, including the Habitat mortgage, not exceeding 40-55% of gross monthly income. Financial Productivity and Performance Our building program is 4 new homes in 2002; and 6 new homes in 2003. Total cost to build a 3 bedroom, 2 bath home is $60,000. This cost includes lot, impact fees and closing costs, with lot cost ranging from $10,000 to $15,000. A new Habitat home includes a fully finished 1150 square foot CBS structure, which includes floor covering, kitchen cabinets, all appliances and landscaping. A typical mortgage payment (no interest) is $350 to $450 (20 year amortization) for a 3 bedroom, 2 home. For example~ the $350 payment includes $175 for principal and $175 for escrow for insurance and property taxes. Program services account for 85% of our affiliate’s expenses. Administrative costs are kept at a minimum not to exceed 15% of total budget. The Fund for Humanity Lighthouse Habitat for Humanity relies on donations from corporations, foundations, churches and individuals to build its homes. In return, the homes built with this donated money are sold to each new homeowner with a 20 year interest free mortgage. The principal portion of the mortgage payments are added to the "Fund for Humanity" and used to build more homes. Donations, therefore, continue to build more new homes long after they were originally made. 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: July 19, 2002 Meeting Date: August 1, 2002 Resolution: 118, 2002 Subject/Agenda Item: Consideration of Resolution 118, 2002, accepting the proposal of Suncoast Fire and Safety Equipment, Inc. for the design, fabrication and installation of four (4) complete FM 200 fire suppression systems for the City and authorizing the Mayor and City Clerk to enter into an agreement. [x ] [] Recommendation to APPROVE Recommendation to DENY Reviewed by~ City Attorney Submitted by: Eric Hol~ Department Director Originating Dept: Information Systems Advertised: Date: Paper: [ X] Not Required Affected parties: [ ] Notified [ X] Not Required Costs: $29,748.00 $29,748 Current FY Funding Source: [ X] Operating [ ] Other Budget Acct. # 01-0220-512.3150 Council Action: [ ] Approved [ ] Approved with conditions [ ] Denied [ ] Continued to: Attachments: RFP and Response Resolution 118 Proposed Agreement Date Prepared: July 19, 2002 Meeting Date: August 1, 2002 Resolution: 118, 2002 BACKGROUND: The method of fire suppression for the City Hall server room, Fire Department Server room, Police Department phone and server room, and the Police Department 911 Dispatch Center is currently the fire sprinkler system. These rooms contain over $500,000 in equipment that will be ruined if the fire sprinkler system in activated. This contract is to install a gas based fire suppression system. At the completion of this project, the fire sprinkler systems in these rooms can be disabled. The RFP was advertised on May 24, 2002. The City received one proposal from Suncoast Fire and Safety Equipment, Inc. for $29,748.00. The funds are available and are in the FY 2002 budget. STAFF RECOMMENDATION: Approve Resolution 118, 2002 approving the design, fabrication, and installation of four (4) complete FM 200 fire suppression systems for the City. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 118, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ACCEPTING A PROPOSAL SUBMITTED BY SUNCOAST FIRE AND SAFETY EQUIPMENT, INC. 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 Proposal dated May 2002 ("RFP") for the design, fabrication and installation of four (4) FM 200 Fire Suppression Systems; and WHEREAS, in response to the RFP, Suncoast Fire and Safety Equipment, Inc. submitted a proposal in the amount of $29, 748.00; and WHEREAS, City Staff recommends accepting the proposal submitted by Suncoast Fire and Safety Equipment; 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 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 proposal submitted by Suncoast Fire and Safety Equipment, Inc. and authorizes the Mayor and City Clerk to execute an Agreement with Suncoast Fire and Safety Equipment, Inc., a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. -1- RESOLVED, ADOPTED AND APPROVED THIS __ DAY OF ,2002. ATTEST: MAYOR JABLIN PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD G. RUBIN CITY ATTORN EY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT Date Prepared: July 19, 2002 -2- Meeting Date: August 1, 2002 Resolution: 118, 2002 EXHIBIT A -3- AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation ("City") and Suncoast Fire & Safety Equipment, Inc., a Florida corporation ("Contractor"). WHEREAS, the City desires to retain the services of the Contractor to design, fabricate and install four complete gas based fire suppression systems for the City. 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 and specifications set forth in the City’s Request for Proposal for FM 200 Fire Suppression Systems, dated May 2002, ("RFP"), 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. ARTICLE 3. COMPENSATION The City shall pay to Contractor the sum of $29,748.00 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. 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- C. Retainage The City shall retain ten percent (10%) of all progress payments, which shall be paid when the project is completed and the improvements have been accepted by the City. 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, telecommunicated, or mailed by registered or certificated mail (postage prepaid), return receipt requested, to the following addresses: As to City:City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-4111 with a copy to:Watterson, Hyland and Klett, P.A. 4100 RCA Boulevard Palm Beach Gardens, Florida 33410 Attn: Palm Beach Gardens City Attorney Facsimile: (561) 627-5600 As to the Contractor:Suncoast Fire & Safety Equipment, Inc. 4366 Independence Court Sarasota, Florida 34234 Attn: Barry Backer, Engineered Sales Representative -2- B. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. C. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. D. Assignability. This Agreement may not be assigned without the prior written consent of all parties to this Agreement. E. Severability. If any part of this Agreement is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted 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. -3- IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this __day of ,2002. City: [SEAL] CITY OF PALM BEACH GARDENS By: Mayor ATTEST: City Clerk Executed by the Contractor this __day of ,2002. Contractor: SUNCOAST FIRE & SAFETY EQUIPMENT, INC. By: Name: Title: WITNESS: Name: Title: P:\CPWin\HISTORY~001219A\43F.61(319.062)Igr-doc89 -4- REQUEST FOR PROPOSAL FOR FM 200 FIRE SUPPRESSION SYSTEMS City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 May 2002 CITY OF PALM BEACH GARDENS, FLORIDA 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410 INVITATION TO PROPOSE PROPOSAL NAME: FM 200 FIRE SUPPRESSION SYSTEMS The City of Palm Beach Gardens is soliciting proposals for the design, fabrication and installation of (4) complete FM 200 fire suppression systems for the City Hall Computer room, Fire Department Computer room, Police Department Equipment room, and the Police Department 911 Dispatch Center. Sealed proposals must be received on or before July 2, 2002 at 1:00 p.m., (Local Time), at the office of the City Clerk, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. Any proposal received after the specified time will not be considered. The Proposer is solely responsible for ensuring the proposal is received on or before the deadline. On the envelope containing the proposal shall be written in large letters: Proposal For: FM 200 FIRE SUPPRESSION SYSTEMS To Be Opened: (Date and Time) July 2, 2002 at 2:00 p.m. All proposals will be opened in the City Council Chambers at 2:00 p.m., July 2, 2002. All proposals 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. Proposals must be signed in ink in the space(s) provided on the Proposal Form(s). The proposals shall include information requested on the form(s). It is agreed by the Proposer that the signing and delivery of the proposal represents the Proposer’s acceptance of the terms and conditions of the Specifications. 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 informalities 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 limited to, cost, whether the bidder meets the City of Palm Beach Gardens published Specifications, the Proposer’s experience, skill, ability, financial capacity, and any other factor which could reasonably be asserted as being relevant to successful performance. Any questions regarding the RFP Specifications and process should be directed to: Eric Holdt, Information Systems Director (561) 799-4142 GENERAL TERMS AND CONDITIONS SPECIFICATIONS All sections of the City’s Specifications and all supplementary documents are essential parts of the City’s contract and requirements occurring in one area are deemed as though occurring in all. 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. Proposals having erasures or corrections must be initialed in ink by the Proposer. Only one proposal form from any individual firm, corporation, organization or agency under the same or different name shall be considered. Should it appear to the City that any Proposer is interested in more than one proposal, all proposals in which such Proposer has interest will be rejected. Any deviation from the Specifications must be explained in detail; otherwise, it will be considered that the proposal is in strict compliance with the Specifications and the successful Proposer will be held responsible for meeting the Specifications. Any exceptions or clarifications to any section of the Specifications shall be clearly indicated on a separate sheet(s) attached to the Proposal Form and shall specifically refer to the applicable specification paragraph and page. A Proposer is expected to fully inform himself as to the requirements of the Specifications and failure to do so will be at his own risk. A Proposer shall not 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 establish the competency and fmancial ability of any Proposer to perform the work. RECEIPT AND OPENING OF 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 sole responsibility of the Proposer to ensure that his or her proposal reaches the City Clerk on or before the closing date and time. Proposals submitted by telephone, telegram or facsimile shall not be accepted. If the proposal is sent overnight courier, (e.g.. Federal Express, UPS, etc.), the proposal form must be enclosed in an envelope marked as instructed above. The Proposer shall submit his proposal on the form furnished along with all information indicated on the form. The Proposer shall enter the company name wherever the Proposal Form so indicates and shall sign the Proposal Form wherever the Proposal Form so indicates. Unsigned proposals will be considered incomplete. Proposals shall be opened and publicly read at the time and place indicated in the Invitation to Propose. CONSIDERATION OF PROPOSALS AND AWARD CONTRACT The City anticipates awarding the Proposal to the successful Proposer at the August 1, 2002 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 informalities 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 limited to, cost, whether the proposer meets the City of Palm Beach Gardens published Specifications, the proposer’s experience, skill, ability, financial capacity, and any other factor which could reasonably be asserted as being relevant to successful performance. CONFLICT OF INTEREST The award hereunder is subject to the provision of State Statutes and City Ordinances. The Proposer, by affLxing his signature to the Proposal Form, declares that the proposal is made without any previous understanding, agreement, or connections with any City official or persons, firms, or corporations making a proposal on the same 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 or emoluments of this contract. LEGAL REQUIREMENTS Federal, State, County and local 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. .A.Vendors doing business with the City are prohibited from discriminating against any employee, applicant for employment or client because of race, creed, color, ancestry, religion, national origin, sex, or age with regard to, but not limited to the following: Employment practices, rates of pay or other compensation methods and training selection. Ao 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 consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of begin placed on the convicted vendor list. A.The obligations of the City under this award are subject to the availability of funds lawfully appropriated for this purpose. A.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 employment, 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 race, color, national origin, creed, sex, age, handicap or veteran’s status. PROPOSER’S RESPONSIBILITY Each Proposer is required, before submitting his or her proposal, to carefully examine the Proposal specifications and to completely familiarize him or herself 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 and responsibilities, which are a part of this Proposal. CONTRACTUAL AGREEMENT This Invitation to Propose shall be included and incorporated in the final award. The order of contractual precedence will be the purchase order, proposal document and response. Any and all legal action necessary to enforce the award will have venue in Palm Beach County and the contractual obligations will be interpreted according to the laws of Florida. Any contract or agreement required by vendor must be enclosed at the time of Proposal submittal. 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 Code of 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 the Specifications. Proposer shall acknowledge receipt of the same as indicated on the Proposal Form. If no 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 of the addenda to the proposal. ATTACHMENT TO PROPOSAL FORM The Proposer is required to submit each of the attached appendices to his/her completed proposal form: Appendix A. Description Drug-Free Workplace Certification SPECIFICATIONS Design Criteria: The FM200 Fire Suppression systems shall be designed and installed in accordance with all applicable National Fire Protection Association (NFPA), State and Local requirements. Systems: System 1 - City Hall Computer Room Size: 16’ length x 10’-6" width x 9’ high suspended ceiling. System 2 - Fire Station Computer Room Size: 8’ length x 8’ width x 9’ high suspended ceiling. System 3 - Police Equipment Room Size: 33’ length x 8’ width x 9’ high suspended ceiling. System 4 - Police 911 Emergency Dispatch Center Size: Irregular shaped room approximately 16’ length x 10’-6" width x 9’ high Suspended ceiling and sub-floor. Operation: Each system shall operate as a separate system and be capable of both automatic and manual activation. Activation of the fire suppression systems shall activate the building fire alarm system. INSURANCE: UPON EXECUTION OF THIS CONTRACT, CONTRACTOR SHALL SUBMIT CERTIFICATE (S) INSURANCE EVIDENCING THE REQUIRED COVERAGES ND SPECIFICALLY PROVIDING THAT CITY IS AN ADDITIONAL NAMED INSURED OR ADDITIONAL INSURED WITH RESPECT TO THE REQUIRED COVERAGES AND THE OPERATIONS OF CONTRACTOR UNDER CONTRACT. The certificates of insurance shall not only name the types of policies provided, but shall also specifically refer to this Agreement and shall state that such insurance is as required by this section and its subsections. Contractor shall not commence work under contract until after it has obtained all of the minimum insurance herein described and the policies of such insurance detailing the provisions of coverage have been received and approved by CITY. Contractor shall not permit any Subcontractor to begin work until after similar minimum insurance to cover Subcontractor has been obtained and approved. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this Agreement, Contractor shall furnish, at least thirty (30) calendar days prior to expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of that period oftbc contract and extension there under is in effect. Contractor shall not continue to perform the services required by this agreement unless all required insurance remains in full force and effect. Insurance companies selected must be acceptable to CITY. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty (30) calendar days w.ritten notice has been given to CITY by certified mail. Contractor shall procure and maintain at its own expense and keep in effect during the full term of the contract a policy or policies of insurance that must include the following Coverage’s and minimum limits of liability. A. Worker’s Compensation Insurance for statutory obligations imposed by Worker’s Compensation or Occupational Disease Laws. Employers Liability Insurance shall be provided with a minimum of five hundred thousand and xx/100 dollars ($500,000) per accident. Contractor agrees to be responsible for the employment, conduct and control of is employees and for any injury sustained by such employees in the course of their employment. B. Professional Liability (Errors and Omissions) Insurance for architectural and engineering services and the services of any other professional used in the performance of the work of this Agreement in the amount of $1,000,000.00 with a deductible (if applicable) not to exceed $10,000.00 per claim. The certificate of insurance for professional liability shall reference any applicable deductible and the work for this Agreement. C. Commercial Automobile Liability Insurance for all owned, non-owned and hired automobiles and other vehicles used by Contractor in the performance of the work with the following minimum limits of liability: $1,000,000.00 Combined Single Limit, Bodily Injury and Property Damage Liability per occurrence D. Comprehensive General Liability Insurance (occurrence form) with the following limits of liability: $1,000,000.00 Combined Single Limit, Bodily Injury and Property Damage Liability per occurrence Coverage must be offered in a form no more restrictive than the latest edition of the comprehensive General Liability Policy without restrictive endorsements, as filed by the Insurance Services Office and shall specifically include the following minimum limits not less than those required for Bodily Injury Liability and Property Damage Liability: (1)Premises and Operations; (2)Independent Contractors; (3)Products and Completed Operations; (4)Broad Form Property Damage; (5) Broad Form Contractual Coverage applicable to the Contract and specifically confirming the indenmification and hold harmless agreement in the Contract; (6) Personal Injury Coverage with employment and contractual exclusions removed and deleted; and (7)Explosion, collapse, underground coverage (X-C-U) E. Builders Risk Insurance in an amount not less than THE REPLACEMENT COST for the construction of the work. Coverage shall be "All Risk" coverage for one hundred percent (100%) of the completed value with deductible of not more than ten thousand and xx/100 ($10,000.00) per claim. Contractor shall maintain the Products/Completed Operations Liability Insurance for a period of at least two (2) years after final payment for the Work and furnish CITY with the evidence of continuation of such insurance at final payment and one (1) year thereafter. The required insurance coverage shall be issued by n insurance company duly authorized and licensed to do business in the State of Florida with the following minimum rating in accordance with the latest edition of A.M. Best’s Insurance Guide: B + Class Vl Contractor shall require each of its Subcontractors of any tier to maintain the insurance require herein for each category, and Contractor shall provide verification thereof to CITY upon request of CITY. All required insurance policies should preclude any underwriter’s rights of recovery or subrogation against CITY with the express intention of the parties being that the required insurance Coverage’s protect both parties as the primary Coverage’s for any and all losses covered by the above-described insurance. Contractor shall ensure that any company issuing insurance to cover the requirements continued in this Contract agrees that they shall have no recourse against CITY for payment or assessments in any form on any policy of insurance. The clause "Other Insurance Provisions" and "Insured Duties in the Event of an Occurrence, Claim, or Suit" as it appears in any policy of insurance in which CITY is named as an additional insured shall not apply to CITY. Violation of the terms of this Paragraph and its sub-parts shall constitute a breach of the Contract and CITY at its sole discretion, may cancel the Contact and all rights, title and interest of Contractor shall thereupon cease and terminate. INDEMNIFICATION To the fullest extent permitted by laws and regulations, Contractor shall indemnify, defend, save and hold harmless the CITY, its officers, agents and employees, harmless from any and all claims, damages, losses, liabilities and expenses, direct, indirect or consequential including but not limited to fees and charges of engineers, architects, attorneys, consultants and other professionals and court and arbitmtion’s costs arising out of or alleged to have arisen out of or in consequence of the performance of the work of this agreement. Such indenmification shall specifically include but not be limited to claims, damages, losses liabilities and expenses arising out of or from (a) the negligent or defective design of the project and work of this agreement; (b) any act, omission or default of the CITY and/or Contractor and/or his Subcontractors, agents, servants, or employees; (c) and all bodily injuries, sickness, disease or death; (d) injury to or destruction of tangible property, including the loss of use resulting there from (e) other such damages, liabilities or losses received or sustained by any person or persons during or account of any operations connected with the construction of this project including the warranty period; (f) the use of any improper materials; (g) any construction defect including both patent and latent defects; (h) failure to timely complete the work in the time specified in this agreement; (i) the violations of any federal, state, county or city law, by-laws, ordinances, or regulations by Contractor, his Subcontractors, agents, servants, independent contractors and employees; (j) the breach or alleged breach by Contractor of any term of the contract including the breach alleged breach of any warranty or guarantee. Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnification including, but not limited to, reasonable attorney’s fees, (including appellate attorney’s fees) and cost. CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith including costs of fees of an appeal shall be the responsibility of Contractor under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive CITY’s rights and immunities under the common law or Florida Statute 768.28 as amended for time to time. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity that would otherwise exist as to any party described in this Paragraph and its sub-parts. .PROPOSAL FOIhM 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 Suncoast.Fire Address 4366 & Safety. Equipment, _T_nc. (Or Individual) ¯ Independence ,Court city Sarasota Smt~L Telephone Number. ( 94 l¯) 955-¯2202 Tax I.D. # 59- 2670839 Business Address S ame.City .Same State w] ~r,¢c]a Zip Code 34234 " Organized Date 4/16/.19 86 Proposer’s Representative Barry. Backer Title~ed Sales Representative ¯ Proposed Total Fee to ProVide Requested Services $29,748.00 . . Prices set forth above areftrm proposals and are not subject to price adjustment except as " defined int he General and Technical Specifications. Addenda received: None (Corporate Seal) ATTEST:PROPOSER: .T~rty Chief of Operations Title .ruly 1 .. 2002 Date Eric R. r<art1~ck Signature Sales Manager Title July 1, 2002 Date .APPENDIX A DRUG-FREE WORKPLACE FORM The undersigned yendor in accordance with Florida St,~te 287.087hereby certifie s that Suncoastz"~’f_re. & SafetzSr Equ~_pment:~ Xn~.~/does not (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 employees for violations of such - prohibition. Inform employees .about the danger of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling. CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: August 1, 2002 Date Prepared: July 15, 2002 SUBJECT/AGENDA ITEM Resolution 120, 2002: Mirasol SW Maintenance Facility Consideration of Approval: A request by Anne Booth of Urban Design Studio, on behalf of Taylor-Woodrow Communities, to allow for the construction of a golf course maintenance facility for the Mirasol golf course, a community storage area, and two temporary trailers on a 2.09-acre site. The site is located at the southwest corner of the Planned Community District (PCD) approximately 240 feet north of PGA Boulevard. The Mirasol PCD is bounded by PGA Boulevard to the south, Hood Road to the north, Florida’s Turnpike to the east and the C-18 Canal to the west (4 and 5-42S-42E). RECOMMENDATION Staff recommends APPROVAL of Resolution 120, 2002 with conditions of approval. Reviewed by: Principal Planner ~ Talal Benothman, AICP City Attorney ~ Finance NA Human Res. NA Growthj’ Directok~,~ Charles K. Wu, AICP App roved b/y.~ ~:=~.,~ City Man a~_~c~ccd(~J Ronald M. Fefris / Originating Depto: Growth Management: Project ~ Manage~ 3.... I I Edward T~_.~AICP Developmen~ Compliance Bahareh Keshavarz, AICP Advertised: Date: Paper: Palm Beach Post [X] Not.~_Required .,......./ Affected parties: [ ] Notified [X] Not Required FINANCE: NA Costs: $ Total $ Current FY Funding Source: [ ] Operating [X] Other NA Budget Acct.#: NA P&Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval IX ] Rec. app. w/conds. [ ] Rec. Denial [ ] Continued to:~ Attachments: ¯ Resolution 120, 2002 ¯ Map 1: Mirasol PCD Master Plan ¯ Site Plan ¯ Landscape Plan ¯ Maintenance Bldg. Elevations ¯ Trailer Elevation City Council Meeting Date: August 1, 2002 Date Prepared: July 15, 2002 Resolution 120, 2002 BACKGROUND On October 15, 1998, the City Council approved Ordinance 21, 1998, which approved the Master Plan of the Mirasol PCD. Since that time the developer has requested, and the City has approved, two modifications to the PCD. The parcel being submitted today is consistent with Ordinance 18, 2001 and the most currently approved Master Plan. To date, approximately 35 residential certificates of occupancy have been granted within the Mirasol PCD. The subject site includes an equipment storage building, with possible future expansion to include additional storage space, two temporary trailers to provide administrative office space for the "Honda Classic" personnel for the next 2 years, or until a permanent facility at the Mirasol Park receives a Certificate of Occupancy, whichever occurs first. The site shall also contain a community storage area that will allow the residents of the community to park recreational vehicles and watercrafts within the Mirasol PCD. LAND USEANDZONING The subject site is zoned Planned Community District with an underlying zoning of Public/Institutional, and has a future land-use designation of Residential Low (RL), and is designated as Golf Course Maintenance/Community Storage on the PCD Master Plan. For a complete listing of adjacent uses, land use designations and zoning districts, see the attached aerial map. Also attached is a code comparison table that indicates the proposed project’s consistency with the City’s Land Development Regulations (LDRs). CONCURRENCY The property is vested for concurrency through the Mirasol PCD. PROJECT DETAILS Site Location and Existinq Conditions The subject site is 2.09 acres in size and is located in the southwest corner of the PCD, approximately 240 feet north of PGA Boulevard. Access to the site will be from the existing FPL access road that also provides access to the master pump station. The golf course to the north and the lakes to the east and south have been constructed. Parcel 3, a residential parcel, is currently under construction. The 240’ landscape buffer adjacent to PGA Boulevard is currently under construction. In an effort to provide a City Council Meeting Date: August 1, 2002 Date Prepared: July 15, 2002 Resolution 120, 2002 mature dense screening of the facility from the residential parcel on the east, Areca Palms have already been planted as a visual barrier. Proposed Building The 2,400 square-foot storage building is proposed to be constructed from pre-finished steel and will be Hunter Green in color to blend with the surrounding landscaping. The proposed plan provides for a future expansion of the building to allow for a 750 square- foot administrative office. The expansion will be consistent in color and material to the remainder of the building. Two 1,440 square-foot temporary trailers on the southern portion of the site are proposed for use as administrative offices for the "Honda Classic" golf tournament, which shall commence at the Mirasol Country Club in March 2003. The trailers will be consistent with the existing Mirasol construction trailers centrally located in the PCD. Included in this application are photographs of the existing trailers that indicate the color and materials proposed. It is the intention of the applicant to heavily screen the maintenance and storage facility from view. Partial landscape buffer materials have already been installed to allow growth prior to construction. The master Mirasol Architectural Review Committee has reviewed and approved the attached plans. Time Limits for Temporary Structures (Mobile Homes) Section 78-159 (67)(d) establishes a time certain for removal of the temporary structures (defined as mobile home in the LDRs), to be established by request of the applicant and approved by the City Council. The City Council may then grant one additional six (6) month extension to the time limit, at which time the temporary facility must be removed. The applicant had initially proposed a seven-year time limit for the use of the temporary structures on site. However, based on a permanent facility now being proposed at the new Mirasol Park, staff has proposed a five-year time limit or within sixty (60) days of the certificate of occupancy being issued for the permanent facility at Mirasol Walk, whichever occurs first. Staff is proposing a condition of approval that shall state likewise. Staff is currently drafting language to place further requirements on the placement, screening, maintenance and longevity of temporary trailers. Once the City adopts this language, all applicable sections shall apply to the trailers proposed as part of this application. S~qna.qe The applicant is not proposing signage with this site. City Council Meeting Date: August 1, 2002 Date Prepared: July 15, 2002 Resolution 120, 2002 Landscaping and Buffering Three-thousand seven-hundred and five points of landscaping are required based on proposed building square footage and open space. The applicant has proposed 3,709 points, including extensive buffering between the residential parcels to the east and PGA Boulevard to the south. A large Areca hedge has already been planted on the site that will provide screening during construction as well as an additional layer of screening following construction. In addition to the landscaping proposed within the maintenance facility parcel, there is extensive existing landscaping located to the north on the golf course, and on the south along PGA Boulevard. Additional landscape screening, outside the boundaries of the site, has been installed on the golf course property. The golf course maintenance personnel shall accomplish maintenance of the site. Parkinq The applicant is proposing to use the temporary trailers as administrative office space for the "Honda Classic" golf tournament. The LDRs requirement for office space is one space per 300 square feet. The applicant is providing a total of 23 spaces, which is a 10% increase over the required amount and the maximum allowed by the code. Surplus parking may be used for the storage/golf maintenance facility. No parking is required for this use, as it is ancillary to the other golf course uses around the PCD. The applicant has indicated that the site shall be accessed primarily by golf cart. A single bicycle parking space is required and will be provided adjacent to the trailers. Site Access and Circulation Access will be through a single vehicular entrance with a secondary connection to the cart path for maintenance vehicles. Separate access drives are provided to the trailers/storage area and the maintenance storage area to maintain security for both functions. No operational traffic improvements are required as a result of the development of this parcel. Drainage Drainage outfall from this site will be accomplished by drainage into inlets and culverts, out-falling into the overall Mirasol PCD drainage system. 4 City Council Meeting Date: August 1, 2002 Date Prepared: July 15, 2002 Resolution 120, 2002 L~qhtin_q The facilities will only be open and operational during daylight hours, and will be closed and the gates locked after dark. Security lighting will be provided on both the storage building as well as the trailers. The security lighting will provide lighting for the drive aisles and parking areas. This is consistent with the lighting approved for the eastern golf course maintenance facility. Platting The applicant is proposing to include this parcel in the golf course plat. The parcel configuration depicted on the site plan is for review purposes only. The golf course plat will be one of the last plats proposed to be recorded with the PCD. Phasing The applicant is proposing an area to be utilized in the future for expansion of the storage pad, to be utilized for recreational vehicles and watercraft, as needed by demand from the community. Staff is proposing a condition of approval limiting the expansion of this area to only watercraft and storage of recreational vehicles. The expanded storage pad shall receive an administrative approval from the Growth Management Department prior to issuance of a building permit. The applicant is also proposing a future 750 square-foot expansion to the storage building, to allow for future administration office space. Staff is recommending a condition of approval that would require the applicant to receive administrative approval of said expansion by the Growth Management Department prior to issuance of the first building permit. Waivers The applicant has requested one waiver from the Land Development Regulations. Section 78-182 requires all parking areas of 10 or more spaces to have lighting equivalent to a reading of .6 foot candles in parking and pedestrian areas, and one-foot candle in vehicular areas. The applicant has proposed no parking lighting on site. Although the applicant proposes "pack" wall lighting on the buildings for security reasons, they would not provide for sufficient lighting to meet the minimum foot candle requirements provided for in Section 78-182. Staff supports the applicant’s waiver request from Section 78-182. Staff supports minimal lighting for uses that abut adjacent residential areas, provided that the uses are City Council Meeting Date: August 1, 2002 Date Prepared: July 15, 2002 Resolution 120, 2002 strictly for daytime use. The applicant has proposed a condition of approval, acceptable to staff, which requires the applicant to restrict use from sunup to sundown. During times of non-operation, the applicant shall provide for a locked gate to restrict access to the site. STAFF RECOMMENDATION Staff recommends approval of Resolution 120, 2002 with conditions of approval. g:/ed/2002/sp0204cc. Last Revision: July 10, 2002 RESOLUTION 120, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF A SITE PLAN TO ALLOW FOR CONSTRUCTION OF A GOLF MAINTENANCE FACILITY, OUTDOOR RECREATIONAL VEHICLE AND WATERCRAFT STORAGE AREA, AND TWO TEMPORARY TRAILERS TO BE USED AS ADMINISTRATIVE OFFICES FOR THE HONDA CLASSIC GOLF TOURNAMENT, LOCATED WITHIN THE MIRASOL PLANNED COMMUNITY DISTRICT (PCD), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR A WAIVER; PROVIDING FOR SEVERABILITY;PROVIDING FOR CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (SP-02-04) from Taylor-Woodrow Communities, for approval of a site plan to allow for construction of a golf maintenance facility, an outdoor storage area for recreational vehicles and watercraft, and two temporary trailers to be used as administrative offices for the Honda Classic Golf Tournament, located within the Mirasol PCD, as more particularly described herein; and WHEREAS, the 2.09-acre site is currently zoned "Planned Community District" (PCD) with underlying zoning of Residential Low RL-3, with a future land-use designation of Residential Low (RL) and a Master Plan designation of Golf Maintenance Facility; 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, the Land Development Regulations, and the Mirasol Master Plan (Ordinance 18, 2001); and WHEREAS, on April 9, 2002, the Planning and Zoning Commission recommended approval of this petition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the "S.W. Maintenance Facility" site plan, as more particularly described in Exhibit "A" attached hereto and incorporated herein, to provide for construction of a golf maintenance facility, an outdoor storage area for recreational vehicles and Resolution 120, 2002 Date Prepared: July 10, 2002 Meeting Date: August 1, 2002 watercraft, and two temporary trailers to be used as administrative offices for the Honda Classic Golf Tournament, located within the Mirasol PCD. SECTION 2. Said approval shall be consistent with all representations made by the applicant or applicant’s agents at any workshop or public hearing. SECTION 3. Said approval shall be subject to the following conditions, which shall be binding on the applicant, its successors and assigns: (2) (3) (4) (5) Crime (2) (3) The temporary structure use for the "Honda Classic Tournament" administrative offices shall be for a maximum of five years, or be removed within 60 days of the date the permanent structure at the Mirasol Park receives a Certificate of Occupancy, whichever occurs first. All temporary structures shall be subject to applicable code revisions. (Planning and Zoning) The area on the site plan designated "future asphalt storage yard parking area" shall be utilized only for the expansion of the recreational vehicle and watercraft storage pad. Review of said storage pad expansion shall require administrative review and approval by Growth Management Department staff prior to issuance of a building permit for said expansion. (Planning and Zoning) Prior to issuance of a building permit for the future 750 square-foot expansion of the golf maintenance building, the applicant shall obtain administrative approval from the Growth Management Department. (Planning and Zoning) The hours of operation for this site shall be from sunrise to sunset. During the time period when the site is not in operation, the entrance to said site shall be locked and gated. (Planning and Zoning) Any expansion of storage yards into the location of the temporary trailers, once the trailers are removed, shall require an administrative review and approval of the site by Growth Management Department Staff prior to issuance of a building permit. (Planning and Zoning) SECTION 4: The applicant, successor, or assigns shall consider the following Prevention Through Environmental Design (CPTED) guidelines: Metal Halide lighting should be used. Building lighting (non-glare) should be around perimeter of all sides. Numerical address: a. Needs to be illuminated for nighttime visibility. 2 Resolution 120, 2002 Date Prepared: July 10, 2002 Meeting Date: August 1, 2002 (4) (5) b. Must have bi-directional visibility from the roadway. Buildings should be pre-wired for alarm systems. Exterior roll-up doors need to be target hardened. SECTION 5. Construction of the site shall be in compliance with the following plans on file with the City’s Growth Management Department: (1) (2) (3) (4) (5) (6) April 29, 2002, Site Plan, Sanders Planning Group, Sheet SP-1. March 4, 2002, Landscape Plan, Urban Design Studio, Sheet SP-I. April 18, 2002, PGA Parkway Buffer Plans, Krent Wieland Design, Sheet L-21. Date Stamped January 11,2002, Maintenance Building Elevations, Urban Design Studio, 1 Sheet. March 2002, Paving and Drainage Construction Drawings, Mock-Roos, 4 Sheets. September 2, 1999, Boundary Survey, Mock-Roos, 2 Sheets. SECTION 6. The following waiver is hereby granted with this approval: (1)From Section 78-182 of the Land Development Regulations, which require a minimum foot candle reading of .6 in parking and pedestrian areas and 1 foot candle for vehicular use areas, within parking lots with 10 or greater spaces. The applicant is proposing no lighting in the parking area. 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 herewith are hereby repealed to the extent of such conflict. SECTION 9. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF 2002. 3 Resolution 120, 2002 Date Prepared: July 10, 2002 Meeting Date: August 1, 2002 MAYOR ERIC JABLIN ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: PATRICIA SNIDER, CITY CLERK LEN RUBIN, CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO G/ed/2002/sp0204res AYE NAY ABSENT 4 Resolution 120, 2002 Date Prepared: July 10, 2002 Meeting Date: August 1,2002 EXHIBIT "A" (see next page attached) 5 EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND SITUATE IN SECTIONS 4 AND 5, TOWNSHIP 4.2 SOUTH, RANGE 4-2 EAST, PALM BEACH COUNTY, FLORIDA BEING MORE PART ICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 4;THENCE NORTH 01"54’07"EAST, ALONG THE WEST LINE OF SAID SECTION 4,A DISTANCE OF 302.18 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID WEST LINE, NORTH 88"33’58" WEST, A DISTANCE OF 242.24 FEET; THENCE NORTH 33"52’31" EAST, A DISTANCE OF 190.72 FEET; THENCE NORTH 10"39’20" WEST,A DISTANCE OF 139.26 FEET; THENCE SOUTH 88"33’58"EAST, A DISTANCE OF 161.06 FEET; THENCE SOUTH 43"33’58" EAST, A DISTANCE OF 21.21 FEET; THENCE SOUTH 88"33’58"EAST,A DISTANCE OF 129.50 FEET; THENCE SOUTH 01"26’02" WEST, A DISTANCE OF 282.13 FEET;THENCE NORTH 88"33’58" WEST, A DISTANCE OF 136.46 FEET TO THE POINT OF BEGINNING. CONTAINING 90,287.83 SQUARE FEET OR 2.07 ACRES, MORE OR LESS. MIRASOL GOLF DIGEST, PCD NOT PLATTED Mirasol - S.W. Maintenance/Storage Facility "Trailer Elevations" - Urban Design Studio - 01/11/02 I I I I I I I I I I I il I 1 m L _ 1 _El ,, [ Planning Group, p.a. Taylor W oodrow Communities 1 ¯ (~.. ~l!il,t Mirasol +s=SitePlan atMirasoI, L’l’D I ~ +11300 Mirasol Boulevard I Palm Beach Gardens, FL 33418 |I S.W. Maintenance/Storage Area I, ~ + (561) 622-1730 | I Sanders 2425 E. Commercial Blvd., #407 Ft. Lauderdale, FL 33308 (954) 491-8890J I I I I ¯ I I II ! ! ! 0 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! -- EL_ -I- I I II I I I I I I Palm Beach Gardens, Florida Landscape-Plan,, " I I I I I II I LI II 0 L-21 ,SHEET, SHEET L-22 I PGA Park~y Buffer - Landscape Plan PALM BEACH GARDENS,FLORIDA ql r _1 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: July 18, 2002 MeetingDate: August 1, 2002 Resolution: 123, 2002 Subject/Agenda Item: Resolution 123, 2002 - Agreement with Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc. for Continuing Parks Planning and Design Services [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: City Attorne~’~ Contract/Grants Administrator ~ Submitted by: Jack Doughney, Community Services ~ Originating Dept.: AngelaManagerWOng, P rojee..~ Community Services Department Advertised: Date: Paper: [ X ] Not Required Affected parties [ X ] Notified [ ] Not required Costs: $. N/A (Total) $. N/A Current FY Funding Source: N/A [ ] Operating [ ] Other Budget Acct.#: N/A Council Action: [ ] Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: ¯Resolution 123, 2002 Glatting Jackson Proposal [ ] None Date Prepared: July 18, 2002 Meeting Date: August 1, 2002 Resolution: 123, 2002 BACKGROUND: On March 18, 2002, the City received a total of nine (9) responses to the solicitation for Continuing Parks Planning and Design Services. All proposals were reviewed and evaluated by the Selection/Negotiation Committee in accordance with the Consultant’s Competitive Negotiation Act (CCNA-Florida Statute 287.055). On June 20, 2002, City Council ratified the committee’s selection of the top three ranking firms as follows: 1st - Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc. 2n~l - REG Architects, Inc. 3rd - Gee & Jenson The City has negotiated a satisfactory contract with the top-ranking firm, Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc. (GJKALR), who is considered to be the most qualified, at a price the City determines to be fair, competitive, and reasonable. Among the tasks that GJKALR will be assigned is to evaluate and update the City’s current Parks Master Plan and prioritize park enhancements and development. In addition, the firm will be requested to analyze the feasibility and develop a more-accurate cost analysis for the proposed District Park. STAFF RECOMMENDATION= Approve Resolution 123, 2002 authorizing the execution of the agreement between the City and Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc. for Continuing Parks Planning and Design Services. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 123, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH GLATTING, JACKSON, KERSCHER, ANGLIN, LOPEZ, RINEHART, INC. AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WI-IEREAS, the City selected Glatting, Jackson, Kerscher, Anglin, Lopez, Rinehart, Inc. ("Glatting Jackson") to perform such services pursuant to section 287.055, Florida Statutes ("CCNA") desires to enter into a "continuing contract" with Glatting Jackson in accordance with the CCNA; and WHEREAS, the City Council 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 of the City of Palm Beach Gardens hereby approves the Agreement for Professional Services with Glatting Jackson 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. 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 ,20--. ATTEST: MAYOR JABLIN PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBLE CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT -2- Date Prepared: July 18, 2002 Meeting Date: August 1, 2002 Resolution: 123, 2002 EXHIBIT A AGREEMENT WITH GLATTING, JACKSON, KERCHER, ANGLIN, LOPEZ, RINEHART, INC. FOR CONTINUING PARKS PLANNING AND DESIGN SERVICES AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, is made and entered by and between the City of Palm Beach Gardens, a Florida municipal corporation, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410 ("City"), and Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., a Florida corporation, 222 Clematis Street, Suite 200, West Palm Beach, Florida 33401 ("Consultant"). WlTNESSETH: WHEREAS, the City requires certain planning, engineering and architectural services relating to park. planning and design as such projects are identified by City staff and as the need arises; and WHEREAS, the City has selected Consultant pursuant to Section 287.055, Florida Statutes, also known as the Consultants’ Competitive Negotiation Act ("CCNA") and desires to enter into a "continuing contract" with Consultant within the purview of the CCNA; and WHEREAS, the Consultant is capable and willing to provide such services to the City under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual representations and obligations herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE 1 -- RECITALS The foregoing "Whereas" clauses are ratified as true and incorporated herein. ARTICLE 2 -- TERM This Agreement shall remain in effect for a term of one (1) year from the date this Agreement, with two (2) one-year renewal options at the sole discretion of the City. Notwithstanding the foregoing, this Agreement shall continue until completion of all phases of any outstanding service authorizations issued within the period of this Agreement, unless otherwise terminated as provided herein. All additional extensions shall be in writing and must be executed by both parties. ARTICLE 3 -- EXCLUSIVITY Nothing in this Agreement shall prevent the City from employing other consultants to perform the same or similar services. The City also retains the option, at Page 1 of 12 its sole discretion, to perform any and all planning, architectural and engineering services by utilizing City employees or other consultants. ARTICLE 4 -- SERVICES TO BE PERFORMED BY CONSULTANT Consultant shall perform certain professional planning, architectural and engineering services and such other related services as may be required by the City from time to time which are specifically authorized by the City and set forth in a specific Scope of Services. Each such specific authorization shall be referred to as Consultant Services Authorization ("CSA"). Each CSA shall be designated as a consecutively numbered exhibit to this Agreement and shall be attached hereto and incorporated herein by this reference. Each CSA form shall set forth specific Scope of Services, the -total amount of compensation and a completion date. An individual CSA for projects costing up to ten thousand dollars ($10,000.00) shall be approved by the City Manager prior to commencement of any work by Consultant. For all projects valued at ten thousand dollars ($10,000.00) or greater, the individual CSA shall be approved by the City Council prior to the commencement of any work by Consultant. ARTICLE 5 -- OWNERSHIP OF INSTRUMENTS All instruments for professional services including, but not limited to, documents, records, disks, original drawings and/or other information created and/or procured by Consultant for any authorized project shall become the property of the City upon completion of the work for which the asset was utilized and upon payment by the City. ARTICLE 6 -- COMPENSATION 6.1 Compensation established by CSA The total amount to be paid by the City under this Agreement and the method of payment shall be set forth in each CSA. The Consultant shall bill the City on a monthly basis, or as otherwise provided, at the amounts set forth for services rendered toward. the completion of the Scope of Work in each CSA. Where incremental billings for partially completed items is permitted, the total incremental billing shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. 6.2 Schedule of values Consultant and the City shall agree on a Schedule of Values incorporating the Scope of Services, deliverables and milestones. A Pay Application with percent complete of each activity shall be included with each billing. A schedule update of Consultant’s work shall also be included with each billing. Page 2 of 12 6.3 Review of pay applications Pay Applications received from. Consultant pursuant to this Agreement shall be reviewed and approved by the initiating City department, indicating that services have been received, and forwarded to the Finance Department for payment. Invoices shall reference the CSA and current project number. Invoices will normally be paid within thirty (30) days following the department’s approval. 6.4 Fixed price method of payment Whenever possible, the Scope. of Services shall be thoroughly defined and outlined in accordance with Article 4. Should the City deem that a change in the Scope of Services is appropriate, then a decrease or increase in the fixed price shall be agreed to in writing. If the City requests a detailed cost proposal, including the estimated labor hours, labor rates, subcontractual services, out of pocket expenses and other related costs supporting the work, the Contractor shall submit the information within ten (10) calendar days following the request. Fixed price agreements shall include all services including labor, reimbursables, overhead and profit as part of the fixed price. Consultant agrees that its fee is not tied to construction cost. 6.5 Not to exceed method of payment When a service is to be compensated for on a "not-to-exceed" basis, the Consultant shall submit a not to exceed budget to the City for prior approval based on estimated labor hours and labor rates which shall not exceed established hourly rates as shown in "Exhibit A" attached hereto, plus subcontractual services, out of pocket expenses and other related costs supporting the proposed work. The City shall not be obligated to reimburse the Consultant for costs incurred in excess of the total not-to- exceed cost amount. The Consultant shall notify the City in writing when ninety percent (90%) of the not-to-exceed amount has been reached. 6.5.1 The City agrees to pay Consultant compensation for services rendered based upon the established hourly labor rates for services rendered by personnel directly engaged on City projects. The labor rates, overhead and profit factors are subject to audit. The schedule of hourly labor rates by labor category is set forth in "Exhibit A" attached hereto and made a part hereof. The rates listed in Exhibit A shall remain in effect for a period of one year from the date of execution of this Agreement. At the end of each one-year period, the rates may be renegotiated. 6.5.2 Subcontractual service shall be invoiced at the actual fees paid by Consultant. Subcontractual services shall be approved by the City in writing prior to performance of the subcontractual work. 6.5.3 "Out-of-pocket" expenses shall be reimbursed up to the not-to-exceed amount identified on each CSA. Out-of-pocket expenses mean the actual expenses expected to be incurred by Consultant or Consultant’s Page 3 of 12 independent professional associates directly or indirectly in connection with the work, such as expenses for: transportation and subsistence incidental thereto; external reproduction of reports, drawings, specifications, bidding documents, and similar Project related items. Charges for other specialized equipment shall be determined on an individual basis subject to approval of the City. All reimbursable expenses will be estimated up front at the time of negotiating each CSA. All requests for payment of out-of-pocket expenses eligible for reimbursement under the terms of the Agreement shall include copies of paid receipts, invoices, or other documentation acceptable to and required by the City’s Finance Department. Such documentation shall be sufficient to establish that the expense was actually incurred and necessary in the performance of the Scope of Work described in each CSA. Any travel, per diem, mileage, meals, or lodging expenses which may be reimbursable under the terms of this Agreement will be paid in accordance with the rates and conditions set forth in Section 112.061, Florida Statutes. 6.6 Final invoice In order for both parties to close their books and records, Consultant shall clearly state "Final" on the Consultant’s final/last billing to the City for each CSA. This shall constitute Consultant’s certification that all services have been propedy performed and all charges and costs have been invoiced to the City for the CSA. Since this account will thereupon be closed, any and other further charges, if not properly included on this final invoice, are waived by the Consultant for the identified CSA. ARTICLE 7 -- INSURANCE 7.1 Required coverages During the performance of services under this Agreement, Consultant shall secure and maintain, at its own expense, the following insurance policies: A.Professional liability insurance in an amount not less than $1,000,000.00 per occurrence. B.Workers’ compensation and employer’s liability insurance for all employees engaged in work pursuant to the Agreement in accordance with the laws of the State of Florida. C.Comprehensive general liability insurance with bodily injury limits of not less than $1,000,000.00, combined single limit, per occurrence and with property damage limits of not less than $1,000,000.00, combined single limit, per occurrence.. D.Comprehensive automobile liability insurance for all owned, non- owned and hired automobiles and other vehicles used by Page 4 of 12 Consultant with a $1,000,000.00 combined single limit for bodily injury and property damage liability per occurrence. 7.2 Additional requirements All general liability insurance shall specifically provide that the City of Palm Beach Gardens is an additional named insured or additional insured with respect to the required coverage and the operations of Consultant pursuant to this Agreement. The insurance company selected must be acceptable to the City. All of the policies of insurance required to be purchased and maintained shall contain a provision or endorsement that coverage afforded shall not be cancelled, materially changed or renewal refused until at least thirty(30) calendar days after written notice given to the City by certified mail. All of Consultant’s subcontractors shall be required to include the City and Consultant as additional insureds on their general liability insurance policies. Consultant shall not commence work under this Agreement until all insurance required as stated herein has been obtained and certificates evidencing same are filed with the City. ARTICLE 8 -- STANDARD OF CARE Consultant shall exercise the same degree of care, skill and diligence in the performance of the services as is ordinarily provided by a comparable professional under similar circumstances and shall be obligated to correct services which fall below such standards at no additional cost to the City. Consultant warrants that all services shall be performed by skilled and competent personnel. ARTICLE 9 -- INDEMNIFICATION 9.1 General indemnification To the fullest extent permitted by all applicable laws and regulations, Consultant shall indemnify, defend, save and hold harmless the City, its officers, agents and employees, from any and all claims, damages, losses, liabilities and expenses, direct, indirect or consequential, arising out of or in way related to the services furnished by or operations of Consultant or its subcontractors, agents, officers, employees or independent contractors pursuant to this Agreement, specifically including but not limited to those caused by or arising out of any act, omission, negligence or default of Consultant and/or its subcontractors, agents, servants or employees in the provision of all services pursuant to this Agreement. 9.2 Patent and copyright indemnification Consultant agrees to indemnify, defend, save and hold harmless the City, its officers, agents and employees, from all claims, damages, losses, liabilities and expenses arising out of any alleged infringement of copyrights, patent rights and/or the Page 5 of i2 unauthorized or unlicenced use of any material, property or other work in connection with the performance of the Agreement. 9.3 Exclusion Consultant shall not be required to indemnify the City or its agents, employees, or representatives when the occurrence results from the wrongful acts or omissions of the City or its agents, employees, or representatives. The terms and conditions of this Article shall survive the completion of all services, obligations and duties provided for in this Agreement as well as the termination of this Agreement for any reason. ARTICLE 10 -- INDEPENDENT CONTRACTOR Consultant undertakes performance of these services as an independent contractor and shall be wholly responsible for the methods of performance utilized. Consultant shall not pledge the City’s credit or make any guarantor of payment of surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. Consultant further warrants and represents that it has no obligations or indebtedness that would impair its ability to fulfill the terms of this Agreement. ARTICLE 11 -- AUTHORITY TO PRACTICE Consultant hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. ARTICLE 12 -- COMPLIANCE WITH LAWS In the performance of the services contemplated by this Agreement, Consultant shall comply with all applicable regulatory requirements, including federal, state, special district and local laws, rules, regulations, orders, codes, criteria and standards. ARTICLE 13 -- SUBCONTRACTING The City reserves the right, in its sole discretion, to accept or reject the use of a subcontractor and to inspect all facilities of any subcontractor to insure that the selected subcontractors will be able to perform properly pursuant to this Agreement. If a subcontractor fails to perform or make progress as required any CSA and it becomes necessary to replace the subcontractor in order to complete the work in a timely fashion, Consultant shall promptly provide a replacement, subject to acceptance of the new subcontractor by the City. ARTICLE 14 -- FEDERAL AND STATE TAXES The City is exempt from federal tax and state sales and use taxes. Upon request, the City shall provide an exemption certificate to Consultant. Consultant is not exempt from paying sales tax to suppliers for materials used to fulfill contractual obligations with the City, nor shall Consultant be authorized to use the City’s Tax Exemption Number in securing such materials. ARTICLE 15 -- AVAILABILITY OF FUNDS ¯ The obligations of the City under this Agreement and any CSA are subject to the availability of funds lawfully appropriate for its purpose by the City Council of the City of -Palm Beach Gardens. Page 6 of 12 ARTICLE 16 -- TERMINATION OF AGREEMENT This Agreement may be terminated by the City, with or without cause upon providing written notice to the Consultant. This Agreement may be terminated by the Consultant upon thirty (30) days prior written notice to the City. Upon any such termination, Consultant waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Consultant is in breach of this Agreement, the City shall pay the Consultant for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 17 -- NOTICE All notices and other written communications required, contemplated or permitted under this Agreement, shall be in writing, and shall be hand delivered, telecommunicated, or mailed by certified mail, return receipt requested, to the following addresses. AS TO CITY: City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Attention: City Manager with a copy to: Watterson & Hyland, P,A. 4100 RCA Boulevard, Suite 100 Palm Beach Gardens, Florida 33410 Attention: Palm Beach Gardens City Attorney AS TO CONSULTANT: Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. 222 Clematis Street Suite 200 West Palm Beach, Florida 33401 Notice shall be effective when received at the addresses specified above. Facsimile transmission is acceptable notice effective when received; however, facsimile transmissions received after 5:00 p.m. on weekends or holidays will be deemed received on the next business day. Changes in the respective addresses to which such notice is directed may be made from. time to time by either party by written notice sent by regular mail or facsimile to the other party. Page 7 of 12 ARTICLE 18 -- FORCE MAJEURE Neither the City nor Consultant shall be deemed in default of this Agreement if delays or failure of performance is due to uncontrollable forces, the effect of which, by exercise of reasonable diligence, the nonperforming party could not avoid. Uncontrollable forces shall mean any event which results in the prevention or delay of performance by a party of its obligations pursuant to this Agreement which is beyond the reasonable control of the nonperforming party including, but not limited to, fire, flood, earthquake, storms, lightning, epidemic, war, riot, civil disturbance, sabotage and governmental actions. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and the effect of such uncontrollable force on the performance of its obligations pursuant to this Agreement. Either party shall, however, be excused from performing if nonperformance is due to forces which are preventable, removable or remediable and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed or remedied with reasonable dispatch. ARTICLE 19 -- USE OF DOCUMENTS Consultant shall be required to cooperate with other consultants relative to providing information requested in a timely manner and in the specified form. As provided in Article 5, all instruments of professional services, shall, upon completion of the work and payment of all monies due Consultant, become the property of the City for its use and/or distribution as the City may deem appropriate. The parties specifically acknowledge and agree that any re-use of such documents by the City, for other than the specific purpose intended, without written verification and adaption by the Consultant for such specific purpose shall be at the sole risk of the City and without liability or legal recourse to Consultant. ARTICLE 20 -- ACCESS AND AUDITS Consultant shall maintain adequate records to justify all charges and costs incurred in performing work authorized under this Agreement and individual CSAs for at least three (3) years after completion of the applicable project. The City shall have access to such books, records and documents as required in this section for the purpose of inspection or audit during normal working business hours at Consultant’s place of business. Page 8 of 12 ARTICLE 21 -- NON-DISCRIMINATION The City and the Consultant 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. ARTICLE 22 --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 shall pay to the prevailing party reasonable attorney’s fees and costs, including appellate fees and costs. ARTICLE 23 -- 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 or 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. ARTICLE 24 -- BINDING EFFECT All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, enure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. This Agreement may not be signed without the prior written consent of all parties to this Agreement. ARTICLE 25 -- 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 herein shall not be invalidated by and shall be given full force and effect so far as possible. ARTICLE 26 -- ENTIRE AGREEMENT Page 9 of 12 This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. ARTICLE 27 -- HEADINGS The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any the meaning or interpretation of this Agreement. ARTICLE 28 -- 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. ARTICLE 29 -- EFFECTIVE DATE The effective date of this Agreement shall be as of the day it has been executed by both parties hereto. [Remainder of page intentionally blank - signatures on next page] Page 10 of 12 IN WITNESS WHEREOF, dates hereinafter written. Executed by the City this [SEAL] ATTEST: the parties have executed this Agreement on the day of ,2002. CITY OF PALM BEACH GARDENS, a Florida municipal corporation By: Eric Jablin, Mayor Patricia Snider, City Clerk Approved as to form and Legal Sufficiency: Leonard G. Rubin, City Attorney Executed by the Contractor this day of ,2002. GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART, INC., a Florida corporation Print name: Title: WITNESSED: Name: P:\CPWin\HISTORY~020621A\43F.125.doc(3 | ~).062)scw-doc293 Page 11 of 12 Exhibit A AGREEMENT FOR PROFESSIONAL SERVICES Between City of Palm Beach Gardens And Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Principal Senior Professional Mid-Level Professional Entry-Level Professional & Graphics Administrative Assistant $175 per hour $125 per hour $85 per hour $65 per hour $50 per hour NOTE: "Professional" as listed above includes Landscape Architect, Planner, Ecologist, or Transportation Planner/Engineer Page 12 of 12 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: July 18, 2002 MeetingDate: August 1, 2002 Resolution: 125, 2002 Subject/Agenda Item: Resolution 125, 2002- Amendment No. 2 to LBFH, Inc. Agreement- Architectural services for the Burns Road Community Recreation Campus Annex. ix] [] Recommendation to APPROVE Recommendation to DENY Reviewed by: City Attorney City Engineer Finance Director//~ Submitted by: Jack Doughney, Community Services Originating Dept.: Angela Wong, Project Manager Community Services Department Advertised: Date: Paper: [ ] Not Required Affected parties [ ] Notified [ ] Not required Costs: $ 41,050 (Total) $ 41,050 Current FY Funding Source: [ X ] Operating [ ] Other Budget Acct.#: 001-2080-519.6300 Council Action: [ ] Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Resolution 125, 2002 LBFH Proposal Preliminary Analysis Report [ ] None Date Prepared: July 18, 2002 Meeting Date: August 1, 2002 Resolution: 125, 2002 BACKGROUND: On May 2, 2002, City Council approved Work Order No. 2002-003 for LBFH, Inc. to provide planning and design services for Westminster Park and Bums Road Community Center for LBFH, Inc., which, together, is now known as the Burns Road Community Recreation Campus (BRCRC). The project includes new landscaping, a water feature, construction of restroom facilities, bocce court, shuffleboard courts, and reconstruction of the jogging trail. Funding for this project is being provided by a Florida Recreation Development Assistance Program (FRDAP) grant in the amount of $112,500, and an additional $792,000 for site improvements as required of the Bums Road Widening Project to mitigate the impacts of construction. As part of the Bums Road Widening Project, the single-story building, previously known as the Westminster Preschool, located at the southwest portion of the campus was originally scheduled to be demolished. After closer analysis of the building by staff, it was determined that the building could be preserved and utilized as an addition to the Community Center for recreation programs, primarily senior activities. Attached as "Exhibit B" is the recommendation provided by LBFH, Inc., which assisted in staff’s decision to preserve the building. Based on their preliminary analysis, it is the opinion of the reviewing architecture firm, Oliver Glidden & Partners, that "the existing building can be economically renovated for the intended use..." After the preliminary analysis was reviewed, staff completed the following estimated project budget: Funding Sources - $792,000 112,500 $904,000 Current allocated funds FRDAP Grant Preliminary Cost Projections - $141,500 41,050 100,000 621,450 $904,000 Engineering Architecture (Annex) Grant Features - (shuffleboard, bocce, horseshoe pits) Annex Renovations/Park Enhancements The vision of this facility is to provide a center primarily programmed for the Senior population. Current facility use limits the Senior Program to the nine months in the winter and days only. This program would be expanded to include the summer months and evening programs with the additional facility space. This facility would provide the City with the necessary tools to meet the needs of a population that has indicated they would like additional services. Currently, staff is developing a design program which outlines program needs for each area of the facility. After the renovations are complete, the building will be known as the BRCRC Annex. STAFF RECOMMENDATION: Staff recommends approval of Resolution 125, 2002 authorizing the execution of Amendment No. 2 to Work Order No. 2002-003 for LBFH, Inc. to provide architectural and engineering services for the Burns Road Community Recreation Campus Annex in the amount of $41,050.00. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 125 , 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AMENDMENT NO. 2 TO WORK ORDER 2002-003 WITH LBFH, INC. FOR ARCHITECTURAL AND ENGINEERING SERVICES RELATED TO THE PLANNING AND DESIGN OF WESTMINSTER PARK AND BURNS ROAD COMMUNITY CENTER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council desires to improve Westminster Park and the Bums Road Community Center due to impacts from the Bums Road widening construction project; and WHEREAS, the City has retained LBFH, Inc. as its City Engineer and has a continuing contract with LBFH to provide engineering services; and WHEREAS, a consultant team that is well-qualified and experienced in park planning and design has been assembled by LBFH, and LBFH has agreed to provide such specialized professional services in accordance with the terms of Work Order 2002-003 and its continuing contract with the City. WHEREAS, the City desires to increase the scope of work to include architectural services for renovations to the Bums Road Community Recreation Campus Annex to provide additional recreation programs for the citizens of the community. 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 has being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby authorizes and approves Amendment No. 2 to Work Order 2002-003 with LBFH, attached hereto and incorporated herein by reference, to provide planning and design services relating to Westminster Park and the Bums Road Community Center, now known as the Bums Road Community Recreation Campus. The City Council hereby approves expending an additional $41,050 for architectural and engineering services relating to this project. 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 ., 20__. ATTEST: MAYOR JABLIN PATRICIA SN1DER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABL1N VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT -2- Date Prepared: July 18, 2002 Meeting Date: August 1, 2002 Resolution: 125, 2002 EXHIBIT A LBFH, INC. PROPOSAL FOR PROFESSIONAL SERVICES Request for Legal or Engineering Assistance File Opening Authorization City of Palm Beach Gardens Department Requesting Service: Community Services Department Type of Assistant:X City Engineer City Attorney Special Counsel Contact Person: Angela Wong, Project Manager Phone Extension: 799-4234 Brief Description of Legal Question or Issue: Project No. 2002-003/Burns Road Community Recreation Campus: Additional services requested to provide architectural and engineering services necessar_~ for the renovation of th existing single stor_v building known as the BRCRC Annex. Account Number: 001-2080-519.6300 The City Council/City Manager authorizes the City Attorney, Labor or Special Counsel to work on the above-referenced issue at an hourly rate. The City Council/City Manager may limit this authorization as set forth below, or as may be set forth in an attached writing. Maximum Number of Hours: Maximum Hourly Rate: ~exceed $41,050.00 Department ~e~~tion City Manager/City Council Date ~’~ ~ ~erson City Manager Prioritization/Notes: G: Work Order - Legal.Engineering Original to City Clerk Copies to:Contact Person Finance Administrator City Engineer CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEYING & MAPPING GIS "Partners for Results Value by Design" 2090 Palm Beach Lakes Blvd. Suite 600 West Palm Beach, FL 33409 (561) 684-3375 Fax: (561) ~89-8531 www.!bfh.com July 16, 2002 Jack Doughney Assistant to City Manager City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Re~Amendment No. 2 to Work Order No. 2002-003 Westminster Park & Bums Road Community Center AFS #00-4173A, City of Palm Beach Gardens Dear Mr. Doughney: In accordance with your request, LBFH, Inc. is pleased to submit our proposal to provide additional services for the above referenced project. The additional services include providing architectural and engineering services necessary for the renovation of the existing single story building at the Westminster Park site. Attached for your review is our Exhibit A, Scope of Services. Our work can be performed in accordance with our current Agreement for Services with the City. For budgeting purposes, we have estimated the costs for performing each of the tasks presented in Exhibit A. If it appears as though our estimated amounts will be exceeded, we will notify you immediately. We will not perform additional work on the project without your prior approval. If this proposal for additional services is acceptable to you, please sign and date both copies, and return a copy to us as our authorization to proceed. If you have any questions or require additional information, please do not hesitate to contact us at (561) 684-3375. Very truly yours, LBFH, Inc. Jeffrey D. Renault, P. E. JDR/dw Encl. P:\02-4251kProposal~ltr to Doughney Re Amend 2.doc Page 2 of 2 Amendment No. 2 to Work Order No. 2002-003 Approved: LBFH, Inc. Approved: City of Palm Beach Gardens (Hereinafter: CLIENT) Daniel P. Clark, Vice President Date: Enclosures In Duplicate P:\02-4251Wroposalkltr to Doughney Re Amend 2.doc Exhibit A Amendment No. 2 to Work Order No. 2002-003 Westminster Park and Burns Road Community Center City of Palm Beach Gardens Scope of Services Task 1:. LBFH, Inc. will coordinate architectural and engineering services for the renovation of the existing one story Westminster building for use as a senior’s recreation center. The work will be performed by Oliver, Glidden & Partners (OGP). Estimated Fee: $2,500 The scope of architectural services will include: Task 2: Space Planning/Programming. An initial conference will be held with City: representative(s) and OGP to discuss and agree on the basic design program and for the City identify any special considerations within the project. The City through its recreation department staff will provide OGP with a complete design program outlining the program needs for each area of the facility, thereby enabling OGP to provide a space plan that satisfies those needs. OGP will complete a Preliminary Space Plan and meet with City representative(s) once during the creation of the Plan in order to establish proper direction. Minor modifications will be made, if necessary, subsequent to that meeting and a Final Space Plan will be provided by OGP. Specialty programming and development of space standards may be provided as an additional service as required. Estimated Fee: $4,500 Task 3: Construction Documents. Based on an approved Final Space Plan, the Construction Documents will be created including a Floor Plan, Reflected Ceiling Plan, New Roof Plan, Door and Finish Schedules, Building Standard interior elevations where necessary or customary, and Standard Details. All Mechanical/Electrical Engineering for the building will be provided. The final Construction Documents will be detailed as required for Permitting, Bidding and Construction purposes. Any detailed drawings for significant special tenant construction and/or "built-ins’ shall be provided as an Additional Service, if required. Specification information will be provided as "notes" on the plans which may include references to "Match existing materials", etc. Post Construction "As-Builts", if requested, will be completed on AutoCadd Release 14.0 by the General Contractor. A disk will be provided to the General Contractor upon completion of Construction Documents. Significant revisions due to changes in field by Subcontractors will be handled as an Additional Service or the Subcontractors will provide all "As-Builts" to be incorporated into Construction Documents package as noted above. The City will provide OGP with a complete set of the construction drawings for the existing building. Estimated Fee: $22,800 P:\02-4251Wroposal~Exhibit A to Amend 2.doc 07/16/02 Task 4: Biddin~legotiation Phase. OGP will coordinate directly with the selected General Contractors to competitively bid the Construction Documents package. Upon submission of the final bid prices, OGP will review the bids. OGP will assist in the coordination of the bidding process, including the issuance of addenda, receiving bids and making recommendations regarding the award of Contract and in the review of an Owner - Contractor Agreement. Estimated Fee: $1,500 Task 5: Construction Administration. OGP’s services will include, but are not limited to the following: ao c° eo Assist the Owner and Contractor in obtaining general building permits. Preconstruction meeting coordination including establishment of administrative procedures and decision making guidelines. Shop Drawing / Submittal review (submitted in sepia format). Review and approval of monthly Pay Applications and Change Order Requests prepared by the General Contractor. Attendance at selected Project Meetings/Job Inspections. Job inspections and telephone coordination with the General Contractor. General project coordination and monitoring of overall project budget and schedule. Review of the Contractor’ s "As-Built" drawings. Coordination of Final Project Closeout including Punchlists, Warranties, Certificates of Substantial Completion and Certification of Final Payment. Note: all releases of lien are by Owner. Estimated Fee: $9,000 Task 6: Reimbursible Expenses. Estimated Fee: $750 Task 7: As Built Measurements. If the City is not able to provide OGP with a complete set of the construction drawings for the existing building, then OGP will arrange for as built measurements to be taken of the building. Estimated Fee: $2,500 Total Estimated Fee: $41,050 P:\02-4251WroposalkExhibit A to Amend 2.doc 07/16102 Supplemental following: a. b. C. d. e. f. g. h. i. j. k. 1. Services not included in OGP’s scope include, but are not limited to, the Site visits; "As-Built" verification of existing conditions, and existing building floor plans. Interior Design services, custom millwork/cabinetry details (i.e.: reception desk) and detailed furniture plans. Security, communications, data/computer systems and services for Building Code variances, etc. Certain non-standard tenants may require additional programming and design services which will then be provided by mutual agreement on an hourly basis. Structural Engineering or testing relative to accommodating heavy equipment or filing systems. Special emergency generators/UPS system for the tenant’s use. Special (non-building standard) tenant mechanical or electrical requirements. Landscape architectural design. Graphics and signage design. Extension of any utility services to the building. Site planning. Civil Engineering (including paving, drainage, water and sewer, and site lighting). P:\02-4251WroposalkExhibit A to Amend 2.doc 07/16/02 EXHIBIT A TIME AND EXPENSE RATES The rates and charges shown below are used to calculate invoice amounts for services rendered on a Time arid Experlse basis. : A_Personnel Hourly Billing Rates: Project Director ....................................................................................$130_00 St: Client Service Manager ................................~ ...................................$120.00 Client Service Manager .......................................................~ ...................$100.00 St. Project Engineer ...............................................................~ ...............$100.00 Project Engineer V .............~ .....................: ................................................$ 98.00 Project Engineer IV .....................~ ...............................: .......................~ ....$ 88.00 Project Engineer I11 .......: ......................." ........... ..........................................$ 82.00 Project Engineer I! .....~ ........................................" ...................................$ 77.00 Project Engineer I .....................................................................................$ 7?_00 St. Designer ............................................................................................$ 85.00 Designer .................................................................................................$,--,.,~,~ n~ Survey Client Service Manager .................................................................$ 90.00 St. Professional Surveyor & Mapper ...~ ......................................................$ 85.00 Professional Surveyor & Mapper ..............................................................$ 75_00 Engineering & Survey Technician !1 .......................................................$ 70.00 Engineering & Survey Technidan ! ............................................................$ 60.00 St. F~4d Representative ............................................................................$ 85_00 Field. Representative !I ................................................................: ...........$ 70.00 Field Representative 1 .............................: ................................................$ 55.00 Survey Crew ................................................................................_: ......$100.00 GPS Equipment ....................................................................................$ 35.00 Administrative Support ..........................................................................$ 35.00 B~. Outside contractual serv~ic~-=.s secure~ by ENGINEER o~, ,--~,..,_,,_,,,=~rr~, v v~--..,~"~h=lf ~*"avel ,--~,=t¢~_._ by com_mercial c~-rier, direct non-salary expen.se~ indudmg, but not limited to, meals, lodging, special n~iling or_ delivery services, legal advertisements and notices, title search service and. special survey materials shall be reimbursed at.ENGIN~ actual cost. C. A 1.5-perceflt charge wffl be added to all invoices to cover ENGINEER’S expense items such as occasional photocopies, telephone charges, fax, local ~avel, and regular postage. D_ Contract printing and blueprinting shall be charged at ENGINEER’S actual cosL internally-produced bluep~ts shall be charged .at $ 0.25 per square foot or fraction thereof, and photocopies shall be charged at $ 0.15 per sheet_ oc3 Z u.I I ¯ .J Z Z .,J W Z<: u.. Date Prepared: July 18, 2002 Meeting Date: August 1, 2002 Resolution: 125, 2002 EXHIBIT B PRELIMINARY ARCHITECTURAL EVALUATION REPORT CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEYING & MAPPING GIS "Partners for Results Value by Design" 2090 Palm Beach Lakes Blvd. Suite 600 West Palm Beach, FL 33409 (561) 684-3375 Fax: (561) 689-8531 www.lbfh.com May 28, 2002 City of Palm Beach Gardens 10500 N. Military Trail West Palm Beach, FL 33410 Attn:Mr. Jack Doughney Assistant to City Manager Re:Preliminary Architectural Services Westminster Park City of Palm Beach Gardens Dear Mr. Doughney: In accordance with the City’s request, we have completed the preliminary architectural evaluation of the existing single story building (previous day school) at the Westminster Park site. Transmitted herein is the report by Oliver-Glidden & Partners Architects & Planners, Inc. who performed the evaluation. Please let us know as soon as possible whether or not the City wishes to keep this building so that we can take the appropriate action. Should you have any questions, please contact me. Very truly yours, LBFH, Inc. Jeffrey D. Renault, P. E. JDR/dw Encl. CC:Angela Wong, PBG w/encl. Scott Slora, LBFH Dan Clark, LBFH P:\62-425 lkltr to Doughney Re Prelim Arch Svcs.doc OLIVER- GLIDDEN & pARTNERS ARCHITECTURE °INTERIOR DESIGN May 28, 2002 LBFH Jeff Renault Professional Engineer 2090 Palm Beach Lakes Blvd. Suite 600 West Palm Beach, FL 33409 Ed Oliver John Glidden Daniel Brown Keith Spina Re:Proposed Senior Citizens Facility Burns Road Community Center Campus Palm Beach Gardens, FL Project No.: 02056 Dear Jeff: Based upon our meeting with Charlotte and yourself we ask that you accept this initial report summarizing our observations. We have been asked to: (A) (B) (C) Determine if the existing facility is suitable for conversion to a multi-purpose senior citizens facility Determine a range of cost for the remodeling and renovation of the existing building to accomplish same. To compare that cost against the cost of a new facility. We understand that co-locating this facility on the Burns Rd. Community Center Campus would have its advantages (relative to providing recreation opportunities for our citizens on one campus) and offer the following recommendation. Since the structural review by ONM&J (copy attached) was satisfactory (with regard to the structural integrity of the existing building) it is our opinion that the existing building can be economically renovated for the intended use and that this would be less costly than a new facility. We would also note that there will be a savings in time relative to the approval and construction processes for a new building. We trust the following will be self explanatory: Our review does not include consideration for site development costs (i.e., parking, site lighting, landscaping, etc.) as those services will be provided by your office. It will be necessary to demolish much of the existing interiors - especially the ceiling systems. We anticipate installing: interior partitions, new air conditioning units, an upgrade to the electrical panels, and new ADA accessible toilet facilities. ¯ 1401 FORUM WAY, SUITE 100 ¯ WEST PALM BEACH, FL 33401 ¯ 561-684-6841 ¯ FAX: 561-684-6890 ¯ E-MAIL: ogp@ogparchitects.com Lic. No. AA C000669 ¯ IB 0000977 Based upon an inspection by Les Knopf, our roofing consultant (copy attached), the building will require a new roof membrane, flashings and insulation. Les recommends that new insulation be added to provide positive drainage (in lieu of the current flat roof) and also suggests that consideration be given to removing the Tectum roofing material and installing corrugated metal roof sheeting and tapered insulation on top of this. This is consistent with the recommendation of our structural engineer as well as our own. This would allow us to retain the existing bar joist structure while upgrading the roof to current code requirements. This approach would: include new roofing membranes, tapered insulation sloping to drains, and would allow the proper mechanical attachment of the insulation and metal decking to the existing bar joists. Based upon the limited amount of time spent (and recognizing that this is an initial review) offer the following construction cost observations. With the assumption that the building is 5,000 SF in area (plans of the existing facility have not been able to be located and we have not measured the building): a.The "Range of Cost" of constructing a new facility of 5,000 SF (NIC site improvements): $85/SF $100/SF $425,000 $500,000 b.The "Range of Cost" to remodel the existing facility $45/SF $60/SF $225,000 $300,000 NOTE: It is also our understanding that the demolition cost for the attached metal structure will be provided under an existing contract and is not included in this estimate. We trust this will be sufficient for your purposes and will be available to answer any further questions if required. Very Truly Yours, Anth Senior Partner P:~02~sen2056\su pport\b urn srd.wpd 05/24/02 ~I 14:10 FAX $81 835 0184 O,N,&]I ACCT ~002 O;DONNELL, NACCARATO & MIGNOGNA, INC. May 24, 2002 Dvmyne R. Jocksoh, P.E., Associah= Mr. Ed Oliver Oremr Glidden & Partners 1401 Forum Way, Suite 100 West Palm Beach, FL 33401 SUBJECT: WESTMINSTER PRESCHOOL Palm Beach Gardens. Florida Project No,: 2002.056 STRUCTURAL CURSORY REVIEW- ROOF FRNIIIING SYSTEM I BUILDING STRUCTURE Pursuant to your request, we performed a visual site visit on May 23, 2002, on the above referenced building. The purpose of the site visit was to review the existing 1.stray roof framing system / building structure for any apparent strue, tuml deficiencies. This report is intended to present the results of the investigation of the building Mructum. Our evaluation was based only on a visual review. No destructive testing was preformed. The roof framing system consists of steel joists and Tectum ~heathlng, The investigatkm reveak~d the following. I.INVESTIGATION : 1.The ~ walls consists of a concrete masonry units with tie beam I tie column construction. 2.The roof is higher at the center of the building and lower around the 3 sides. A pre- engineered metro cenopy is al~o ~’,~.,hed to the esu~h side of the building, 3,The roof framing consist of steel bar joists at 48" o.c., except where the joists were doubled- up. 4.The rectum board sheathing consists of 32" wide x 48" long panels. Galvanized sheathing clips were present eval~/whem on a 32" x 48" grid pattern. 5.Water damage was observed on the ceiling drop panels and tectum beards located around an NC =upply ~heff. The teolum board appea~ to be solid when ptemed with an awl. 6. We observed a crocked tectum board in one location. II.OON _CLUSlON 321 The results of our visual examination of the structural components revealed that the overall building st...rgptures a, re In good condition except for some minor water damage in one location, This w~er d,a,m=ig.e may indicate that the roof covedng membrane has been broached. Water 1~"~ Stre~,.l,: Suite 200 ¯ We~t Palm Beach, FL 33401 * 561.835.9994 ¯ Pax 561-835.8955 ¯ www,onm.net Ph;Iodeltoh;o, PA * 215-925-3788 05/24/02 FRI 14:10 FAX 861 835 0184 OoNoS~ ACCT i~003 damage was also found on the drop c~ltng panels mound an air conditioning vent ! supply shaft. This water damage may be the result of also some mechanical leaks I condensation. The roof ,tt~:tum boards were found to be attached to the steel joists with clips. This is a typical lnstella~n of a rectum roof system that was constructed yearn ago, The attachment of the tectum roof decking does not’~umantly meet the new and more stringent hurricane wind loads. Additional mehanical fasteners will be required !o further attach the existing deck boaKIs to the joists. The mechanical fastenem can be installed from up above the existing rectum boards. The roof covering membrane must also be removed to propedy install these additional flasteners. When the roof covering membrane iS removed, the rectum boards can be more lhoroughly Investlgatec~ as to their conditions. Some of these boards may have to be rel~ced If they rmve e)~tenslvely deteriorated. At the time of our review, we found that the undemlde of the deck boards were in good condition except as noted above. Re-roofing will be required after the repairs am completed. "’Additional Invest~don (wind design analysis) will aiso be required exac~ determine if the existing rectum, deck can also properly resist the lat~ral wind loads as a roof diaphragm. Additional joist bracing (steel angles) may be also required. The sasond option is to completely replace the rectum boards with a standard corrugated metal de~k system. The new me~ deck can be welded to the existing joists and mechanically fastened to each other at the side laps. A wind.d~ign analym will also be required to determine the stmctijrally adequacy of the overall metal deck i Joist system (roof diaphragm) to resist both uplift and lateral loads. Additional Joist bracing (steel angles) may also be required for this option. tawed, insulated roof covering Wstem may also be incorporated above this new metal deck I joist system tO. provide a higher cooling efficiency rating for the building interior. We also recommend that consultatlOnwlth the Bu,cllng Department be token place prior to a final decision. The Building Depadmant may require that additional structural elements (such as the exterior walls) be also upgraded to current codes to resist hurricane wind loads. .L OENL=RALN_O~E$ We were commissioned by OLIVER GLIDDEN & PARTNERS to make a limited visual inspection of the bulling structure and pmvlde recommendations. This mpon is based upon clearly visible, open and unobs~ areas of the premises on the date of our visit, We render no opinion with We trust tha~y~u will find the information contained heroin helpful and should you have any questions do O’DO~ACARRATO, MIGNOGNA, "Jo~feph F. Mincuzzi, P.E.Don Baxter~m President Building |nspeGtor JFM/~ " i .KNOPF & ASSOCIATES, INC. ROOFING CONSULTANTS May21,2002 Mr. Ed Oliver Oliver Glidden & Partners 1401 Forum Way, Suite 100 West Palm Beach, FL 33401 Re:Palm Beach Gardens Parks & Recreation c/o 4404 Burns Road Palm Beach Gardens, FL Dear Ed: Pursuant to your request I met with Charlotte of the Parks & Recreation Department on Monday, May 20, 2002. We then visited the site of an abandoned church and support building to the west of her office, fronting Military Trail. Specifically, we accessed the support building only. The purpose for my visit was to assess the overall roof condition in relation to expected renovation of the building envelope and interior for use by the Parks Department. My review was conducted in a visual, non-destructive manner and no physical cores of roof layers were performed to check composition or for the presence of asbestos containing materials. This step should be performed prior to moving ahead with any design or bid process. The building in question is a one story CBS structure with steel bar joists and cementitious wood plank (Tectum) roof deck. The roof system appears to be a smooth surface built-up roof applied over the original membrane roof system. The present cementitious wood fiber deck likely is not wind or fire rated due to its age. The roof is set at a main level surrounding an elevated center section at the east, south and west sides. A walk through of the building interior found varying degrees of stained acoustical tiles in most rooms, although the source and time frame of these stains is not known. Clearly though this roof has leaked extensively in the past. A walk around the exterior envelope finds failing paint, settlement cracks in structure and spot spalling of the stucco veneer. 421 NORTI~ DIXIE HIGHWAY, LAKE WORTH, FLORmA 33460 (561) 582-7700 o FAX (561) 582-0701 Knopf & Associates, Inc. Re: Palm Beach Gardens Parks & Recreation May 21, 2002 Page two The roof system is designed and applied dead flat. Water ponding in several areas was noted. The membranes are badly weathered due to a lack of proper original coating and subsequent maintenance. Numerous interply blisters were found at both elevations as were damaged parapet membrane flashings. An examination of the present rooftop equipment finds the A/C units set on wood sleepers which are surrounded by large pitch pans. The fill material within the pans is improper Type III or IV asphalt, which has dried and cracked open due to UV exposure. I suspect many of the interior leaks are resulting from the poor pitch pan detail. Conclusion The combination of two roof layers, failed pitch pans, damaged flashing and generally poor overall condition leads me to recommend complete roof replacement. Recommendation Should roof replacement be addressed then several items need to be considered as follows: 1 - The new roof should be sloped using tapered insulation to achieve proper drainage and enhance membrane performance. 2 - All existing equipment needs to be addressed as to viability and either elevated to current code standards and/or replaced as needed. 3 - All parapet walls should be flashed with new membranes, tapered wood blocking and metal parapet caps. 4 - The deck system (Tectum) should be considered for entire replacement with 22 ga. Hot dipped galvanized corrugated metal deck. This would allow the City to upgrade the roof deck structure to current code and industry standards. It is likely the steel bar joist structure could remain with the new deck attached to same. A structural engineer can verify this design issue. This concludes my report for now. Should you have further questions, wish to pursue physical testing, etc., then please feel free to contact me. Re~bmitted,Lesli~."I~n£p~ CSI, CPRC President enc. Captioned Photographs CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: July 19, 2002 MeetingDate: August 1, 2002 Resolution: 126, 2002 Subject/Agenda Item: Resolution 126, 2002 - Art Impact Fee Allocation - Architectural services provided by Oliver Glidden & Partners for the PGA Flyover Beautification [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by:Council Action: City Attorney Finance Director~-~ Submitted by: Jack Doughney, Community Services Departm’~nt Director City Manage’ Originating Dept.: Angela Wong, Pr~. Manager . Community Services Department Advertised: Date: Paper: [ x ] Not Required Affected parties _[.z~ Notified [ ] Not required Costs: $ 8,750 (Total) $ 8,750 Current FY Funding Source: [ ] Operating [ x ] Other Art Impact Funds Budget Acct.#: 017-1400-515-3150 [ ] Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: ¯Resolution 126, 2002 ¯OGP Proposal ¯PGA Flyover Schematics [ ] None Date Prepared: July 19, 2002 Meeting Date: August 1, 2002 Resolution: 126, 2002 .O BACKGROUND: Per contract plans developed by the Florida Department of Transportation for the PGA Flyover Project, the City is required to submit architectural designs for three elements along the future bridge. The City has requested a proposal for professional services from Oliver, Glidden & Associates (OGP) to assist in the selection process of the three elements. These elements include: 1.Medallion designs to be placed at each light pole base, 2.Sculptures to be mounted at the top of four towers, and 3.City emblem sculptures to be placed at the base of the four towers. Mr. Anthony E. Oliver, Senior Partner of OGP, will be overseeing the selection process between all parties involved, which are the PGA Corridor Association, the Arts Advisory Board, and the City Council. In addition, the City is also requesting OGP overview the plans created by Reynolds Smith & Hill (RSH), project architect of record, on the City’s behalf to ensure the final outcome is as approved by the parties. The Florida Department of Transportation will also be supplying to the City the following items for review: 1.Samples of the MSE wall patterns for the main wall and planter wall, 2.Color samples for the architecture cast concrete, 3.Light pole cut sheets and color samples (full-size light head is preferred), 4.Main light cut sheets for gate posts (full-size light head is preferred), 5.Railing samples, and 6.Roof tile samples. Staff is recommending OGP because of their past experience with the project and their familiarity with the requirements of the contract documents. The City previously contracted with the OGP to refine the initial design concepts originally proposed by RSH in February 2000, which resulted in the final designs as seen in "Exhibit B." Staff is recommending funding of these services from Art Impact Fees for an amount not to exceed $8,750, without endorsement from the Art Advisory Board. The use of Art Impact Fees as a funding source for this contract is being recommended due to the fact that the entire creation of the PGA Tax Increment Financing (TIF) area for additional investment of the PGA Flyover in the amount of four (4) million dollars has been for the purpose of presenting a unified, upgraded architecturally and artistically enhanced site. Professional guidance is requested to ensure the design control and installation and to complete the artistic integration of the color, treatments and specialty detail features listed above. A similar expenditure recently approved by the Art Advisory Board from Art Impact Fees is that of the Art Wall System for the City Hall lobby, which provides an architectural feature that creates an aesthetically pleasing element to display artwork. This contract falls within the permissible expenditures of the City Code of Ordinances as outlined under Chapter 78.Article V. Division 5.Subdivision 1: Art in Public Places. STAFF RECOMMENDATION: Approve Resolution 126, 2002 authorizing the expense of funds from Art Impact Fees to contract for services with Oliver Glidden and Partners to provide architectural services related to the PGA Flyover Project for an amount not to exceed $8,750.00. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 126, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE ALLOCATION OF ART IN PUBLIC PLACES FEES FOR ARCHITECTURAL CONSULTANT SERVICES RELATING TO THE PGA FLYOVER PROJECT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is required to submit architectural designs for three elements relating to the PGA flyover project; and WHEREAS, due its past experience with the flyover project, City Staff recommends that Oliver, Glidden & Associates be retained to assist in the selection of the these architectural elements and to review the plans created by the project architect to ensure that they accurately depict the final plan approved by the parties; and WHEREAS, because the City Code recognizes that architectural features can constitute "art" and authorizes the retention of art consultants, City Staff recommends that the architectural services be funded by the Art in Public Places fees collected in accordance with section 78-262 of the City Code; and WHEREAS, the City Council 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 of the City of Palm Beach Gardens hereby authorizes City Staff to execute an Agreement for Architectural Services with Oliver, Glidden Assbciates in an amount not to exceed $8,750, to he funded by Art in Public Places fees. 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 portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of ., 20--. ATTEST: PATRICIA SNIDER, CITY CLERK MAYOR JABLIN I I-IEREBY 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- Date Prepared: July 19, 2002 Meeting Date: August 1, 2002 Resolution: 126, 2002 EXHIBIT A OLIVER GLIDDEN AND PARTNERS PROPOSAL Request for Legal or Engineering Assistance File Opening Authorization City of Palm Beach Gardens Department Requesting Service: Type of Assistance:City Engineer City Attorney Contact Person: Angela Wong, Pro~ect Manager Brief Description of Legal Question or Issue: Community Services Department X Consultant Special Counsel Phone Extension: 799-4234 Project No. 2002-018/PGA Flyover Beautification - Consultant services requested for overview of the architectural shop drawings and materials related to the PGA Flyover. Account Number: 001-1450- 541.3150 (GF - Eng) The City Council/City Manager authorizes the City Attorney, Labor or Special Counsel to work on the above-referenced issue at an hourly rate. The City Council/City Manager may limit this authorization as set forth below, or as may be set forth in an attached writing. Maximum Number of Hours: Maximum Hourly Rate: Other: For.an amounim~t to exceed $8,750.00 Depar~ment~u~ation City Manager/City Councilperson City Manager Prioritization/Notes: Original to City Clerk Copies to:Contact Person Finance Administrator Consultant June 3, 2002 REVISED: June 19, 2002 OLIVER ¯ GLIDDEN ~ pARTNERS ARCHITECTURE ¯ INTERIOR DESIGN Angela Wong Project Manager City of Palm Beach Gardens Planning & Zoning 10500 N. Military Trail Palm Beach Gardens, FL 33410 JUN 2 4 2OO2 PUBLIC WORKS DEPARTMENT Ed Oliver John Glidden Daniel Brown Keith Spina RE:PGA Flyover Palm Beach Gardens, FL Project Number: 99234 Dear Angela: We ask that you accept this proposal outlining the additional architectural services that we will provide in order to overview the plans prepared by Reynolds Smith & Hill and to review ’ architectural’ shop drawings and material and color sample submittals from the General Contractor for conformance to the RS&H plans. The following fees reflect the additional services requested. A.Selection / Design of "Medallions"Est., Hrly $1,500 go Coordination with PGA Corridor Association and AIPP Committees, Client/Task Force Meetings, Project Coordination Est., Hrly $ 2,000 Co Overview and Coordination of General Contractor Submittals and samples Est., Hrly $ 5,000 Do Reimbursable Expenses Est.$ 250 $ 8,750 These services will be billed on an hourly basis at our following standard rates: Senior Partner Partner- Danny Brown Director of Interior Design Project Architect Intedor Designer Amhitect I Architect II CADD Tech I Graphic Artist Interior Design Assistant Admin - Zoning $130 )er hour $120 )er hour $120 )er hour $100 )er hour $ 90 :)er hour $ 80 :)er hour $ 60 ::)er hour $ 50 ::)er hour $ 40 :)er hour $ 40 :)er hour $ 40 ::)er hour 1401 FORUM WAY, SUITE 100 ¯ WEST PALM BEACH, FL 33401 ¯ 561-684-6841 " FAX: 561-684-6890 " E-MAIL: ogp@ogparchitects.com Lic. No. AA C000669 ¯ IB 0000977 Page #2 Clerical $ 30 per hour TERMS AND CONDITIONS Co This contract is for the use of the Owner and/or his lender or affiliated interest and is not assignable to other parties without written consent of Architect. This agreement may be terminated by either party within seven days by written notice thereby allowing either party to terminate with or without cause. Work completed (as percentage of fee), plus reimbursable expenses through the date of termination or abandonment, will be payable at that time to the Architect. In the event of a breach in the terms of this Agreement, the prevailing party shall be entitled to receive attorney’s fees and costs (including appellate fees and costs) from the defaulting party. THE VENUE FOR AN ACTION CONCERNING THIS AGREEMENT SHALL BE PALM BEACH COUNTY. Should the scope of the project change substantially from this Agreement, the fees may only be adjusted by written agreement of both parties. Reimbursable expenses will be billed directly to the Client and shall include, but not be limited to: F. Expenditures made by the Architect for the project including but not limited to: long-distance telephone calls, application fees, computer plots, photocopies, photography, postage and special mailings (i.e. Federal Express, certified mail or courier services), facsimile transmissions, travel, colored floor plans, colored renderings and other related project expenses (i.e tolls, parking, mileage, etc.). Standard rates applicable to certain reimbursable expenses are as follows: Blueprints at $1.25 each (24" x 36") and $1.50 each (30" x 42"); and copies at $.20 each. A late charge of 1-½% per month on the unpaid balance shall be due and payable after 45 days from the date of the invoice in accordance with the Florida Prompt Payment Act. Owner understands that FDOT’s Architects and Engineers carry Errors and Omission insurance and agree that should a claim be generated or a problem arise out of work performed by FDOT’s engineers and consultants that Owner shall seek compensation solely from those firms for any damages suffered by Owner. All architectural and engineering design responsibility and liability is solely that of Reynolds Smith & Hill. The total amount to be paid to the Consultant by the City under this agreement for professional services shall not exceed the amount of $8,750 for Tasks A through D. The Consultant will invoice the City on a monthly basis as required for payment of labor and indirect costs incurred in the month based on a percentage of work completed. Compensation for labor and expenses shall be in accordance with the terms of this Agreement. Page #3 We appreciate the opportunity of extending our involvement on this project and ask that you sign and return a copy to our office. Very truly yours, Senior Partner SIGNED & ACCEPTED: by City of Palm Beach Gardens Authorized Representative F:\FINANCE\PROPOSAL\ED\02\FLYPRREV.WPD Date Date Prepared: July 19, 2002 Meeting Date: August 1, 2002 Resolution: 126, 2002 EXHIBIT B PGA FLYOVER SCHEMATICS S. C~I C1H C PGA Bou{evard F{~lOVCr City of I~a{m Bcach Gardcns, Florida OI.IVER ¯ GLIDDEN ~¢ p,’~RTNERS > © < CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: July 19, 2002 Meeting Date: August 1, 2002 Resolution: Resolution 127, 2002 Subject/Agenda Item: Emergency Services Agreement for Mutual Assistance and Automatic Aid Between Palm Beach County and the City of Palm Beach Gardens. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: City Attorney Submitted b~ Peter T. Be’l~ el, Fire Chief Department Director ApproVedcity~a~:g Originating Dept.: Fire Rescue~~ Advertised: Date: Paper: [ X ] Not Required Affected parties [ X ] Not required Costs: $ 0 (Total) $ 0 Current FY Council Action: Funding Source: [ ] Operating [ ] Other Budget Acct.#: [ ] Approved - .~[ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Staff Report lnterlocal Agreement [ ] None Date Prepared: July 19, 2002 Meeting Date: August 1, 2002 Resolution: Resolution 127, 2002 Background The Emergency Services Agreement for Mutual Assistance and Automatic Aid between the City of Palm Beach Gardens and Palm Beach County was executed in September 1998. This Agreement is due to expire in September of 2003. Discussion The Emergency Services Agreement for Mutual Assistance and Automatic Aid Agreement provides for a closest unit response for emergency services. This Agreement is reciprocal between Palm Beach County and Palm Beach Gardens Fire Rescue. Although the Agreement does not expire until September 2003, Palm Beach County Fire Rescue approached the City to renew the Agreement one year earlier. The County has advised that all other Agreements executed with other agencies expire on September 2002 with the exception of the Agreement with Palm Beach Gardens. Based on this information we have agreed to renew this Agreement one year earlier for the convenience of Palm Beach County. The Agreement is for a period not exceed seven (7) years and will expire on September 30, 2009. Fire Rescue is recommending approval of the Agreement Staff Recommendation Staff recommends approval of Resolution 127, 2002, Emergency Services Agreement for Mutual Assistance and Automatic Aid between Palm Beach County and the City of Palm Beach Gardens. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 127,2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA , PROVIDING FOR APPROVAL OF AN EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE AND AUTOMATIC AID BETWEEN PALM BEACH COUNTY AND THE CITY OF PALM BEACH GARDENS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENTON BEHALF OF THE CITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens and Palm Beach County maintains a Fire-Rescue Department with fire rescue equipment, firefighting personnel, emergency medical equipment, emergency medical personnel, and other emergency capabilities; and WHEREAS, the City Council has deemed it to be mutually advantageous to enter into an Agreement providing for mutual assistance/automatic aid in times of emergency where the need created may be too great for either party to deal with unassisted or where a closest unit response is agreeable and in the best interest of the citizens and residents of the City of Palm Beach Gardens; and WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969", authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities, 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. SECTION 2: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 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: This Resolution shall become effective immediately upon adoption. -1- PASSED, ADOPTED AND APPROVED this day of ., 2002. 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 -2- Date Prepared: July 19, 2002 Meeting Date: August 1, 2002 Resolution: Resolution 127, 2002 EXHIBIT A EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE AND AUTOMATIC AID BETWEEN PALM BEACH COUNTY AND THE CITY OF PALM BEACH GARDENS THIS AGREEMENT is made and entered into this __ day of ., 2002, by and between PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter the "County"), by and through its Board of County Commissioners and the CITY PALM BEACH GARDENS, a Florida municipal corporation located in Palm Beach County, Florida (hereinafter the "City"). WHEREAS, each of the parties to this Agreement presently maintains a Fire-Rescue Department with fire rescue equipment, fire fighting personnel, emergency medical equipment, emergency medical personnel, and other emergency capabilities; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for mutual assistance/automatic aid in times of emergency where the need created may be too great for either party to deal with unassisted or where a closest unit response is agreeable and in the public interest; and WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities. NOW, THEREFORE, it is agreed by and between the parties that each will render mutual assistance and automatic aid to the other under the following stipulations, provisions and conditions: Section 1. Request for Aid/Assistance: Emergency mutual assistance/automatic aid will be given when properly requested so long as rendering the aid and assistance requested will not place the~dssisting party in undue jeopardy. The party requesting aid and/or assistance shall provide the following information at the time the request is made: a. The general nature, type and location of the emergency; and b. The type and quantity of equipment and/or personnel needed; and c. The name and rank of the person making the request. All requests shall be directed through the respective parties’ emergency communications center. The following officials of the participating parties are authorized to request aid and assistance the respective Fire Chiefs, Assistant or Deputy Fire Chiefs,-or Incidentunder this Agreement: Commanders. Section 2.Representative and Contract Monitor: The County representative and contract monitor during the performance of this Agreement shall be the Deputy Chief of Operations, whose telephone number is 561-616-7008. The City representative and contract monitor during the performance of this Agreement shall be the Deputy Chief of Operations, whose telephone number is 561-799-4362. Section 3. assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his absence, the Assistant or Deputy Fire Chief or the Incident Commander, will direct the activities at the scene where the emergency exists, but personnel responding to the call will remain under the command of their own officers at all times. Each party shall retain control over its personnel and the rendition of services, standards of performance, discipline of officers and employees, and other matters incidental to the performance of services. Each party authorizes its Fire Chief to meet with the other party’s Fire Chief and develop automatic aid plans and procedures, including areas to be serviced and type and/or level of response, Command Authority: In the event of an emergency which requires additional 2 whefi the Fire Chiefs have determined that improved response times or other forms of efficiency within their respective jurisdictions and/or service areas may be achieved. The Fire Chiefs are also authorized to promulgate necessary administrative regulations and orders to implement and administer these plans and procedures. Section 4. Ability to Respond:Each party may refuse to respond to a request for aid/assistance in the event it does not have the required equipment available or if, in its sole judgment, compliance with the request would jeopardize the protection of its own jurisdiction. Section 5. Employee Functions: No employee of either party to this Agreement shall perform any function or service which is not within the employee’s scope of duties as defined or determined by his employer. Section 6. Employee Claims, Benefits, etc.: party shall, in connection with this Agreement or the No employee, officer, or agent of either performance of services and functions hereunder, have a right to or claim any pension, workers’ compensation, unemployment compensation, civil service, or other employee rights, privileges, or benefits granted by operation of law or otherwise except through and against the entity by whom they are employed. No employee of either party shall be deemed the employee of the other, for any purpose, during the performance of services hereunder. Section 7. No Assumption of Liability: Neither party to this Agreement nor their respective officers or employees shall be deemed to have assumed any liability for the negligent or wrongful acts or omissions of the other. sovereign immunity. Section 8, exemptions from Further, nothing herein shall be construed as a waiver of Liability for Injury: law, ordinance and rules, All the privileges and immunities from liability, and all pensions and relief, disability, workers’ compensation and other benefits which apply to the activity of the officers or employees of either part3/when performing their respective functions, within the territorial limits for their respective agencies, shall apply to the same degree and extent to the performance of such functions and duties extraterritorially. Liability for injury to personnel, and for loss or damage of equipment, shall be borne by the party employing such personnel, and owning or possessing such equipment. Section 9. Remuneration:The cost of gasoline and other normal supplies used for mutual assistance/automatic aid purposes shall be the responsibility of the party using such supplies, except that certain expendable supplies including, but not limited to, foam, hazmat suits, containment barrels, or other specialty products will be replaced by the agency requesting assistance, at the sole discretion of the agency rendering aid or assistance. The parties further agree that the agency rendering aid/assistance may request reimbursement for any expenditure of goods or services directly from the persons, parties, or company involved in, causing, or responsible for, the incident. All compensation for personnel shall be borne by the employing party. All cost of maintenance and upkeep of equipment shall be borne by the party owning or possessing the equipment. Section 10. Effective Date and Term:This Agreement shall take effect on October 1, 2002 and shall remain in full force and effect for a period of no less than seven (7) years, expiring on September 30, 2009, unless sooner terminated as provided herein. Section 11. Termination of Existing Contract:The parties hereby agree that the parties’ prior Emergency Services Agreement for Mutual Assistance and Automatic Aid, dated September 15, 1998 (County No. R98-1483D), shall be terminated as of the effective date of this Agreement" Section 12. Notice of Termination: Either party to this Agreement may, upon sixty (60) days prior written notice to the other, terminate this Agreement for any reason or for no reason at all. " Section 13. Capital Improvement Plans: Both parties to this Agreement, on an annual basis, shall exchange Capital Improvement Plans indicating projected location(s) and anticipated time frames for construction of future fire stations within their respective jurisdictions and/or service areas. It is understood that these plans may be modified subsequent to submission and said plans are subject to subsequent funding allocations and approvals. Section 14. Assignment of Rights: Neither party shall assign, transfer or convey, in whole or in part, its rights, duties, or obligations without the prior written consent of the other. Section 15. Modification and Amendment: No modification, amendment, or alteration in the terms or conditions of this Agreement shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. Section 16. Entirety of Agreement: This Agreement represents the entire understanding of the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. Section 17. Equal Opportunity:Each party represents and warrants that it will not discriminate in the performance of services hereunder and that its employees and members of the general public benefitting from services hereunder will be treated equally and without regard to race, sex, sexual orientation, color, religion, disability, age, marital status, national origin or ancestry. Section 18. Annual Appropriations: Each parties’ performance and obligation under this Agreement is contingent upon an annual budgetary appropriation by its respective governing body for the purposes hereunder. Section 19. Remedies: the State of Florida. Beach County. This agreement shall be construed by and governed by the laws of Any and all legal action necessary to enforce the Agreement will be held in Palm No remedy herein conferred upon any party is intended to be exclusive of any other 5 remedy and each and every 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 20. Records: Each party shall maintain all records pertaining to the services delivered under this Agreement for a period of at least three (3) years. The County and City shall maintain records associated with this Agreement, including, but not limited to, all accounts, financial and technical records, research or reports, in accordance with Florida law. Section 21. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely or as a matter of judicial constraint, be construed more severely against one of the parties than the other. Section 22. Notice of Suits:Each party agrees to notify the other of any claim, or the initiation of any legal proceeding against it which relates, in any manner, to the aid or assistance provided by the other party. Each party will cooperate with the other in the defense of any suit or action arising out of, or related to, the aid or assistance rendered under this agreement. Section 23. Notices:All written notices required under this Agreement shall be sent by certified mail, return receipt requested, and if sent to the County shall be mailed to: Palm Beach County Fire Rescue Fire Rescue Administrator 50 S. Military Trail, Suite 101 West Palm Beach, FL 33415 and if sent to the City shall be mailed to: Palm Beach Gardens Fire-Rescue Services Department Fire Chief 10500 North Military Trail Palm Beach Gardens, FL 33410-4698 Each party may change its address upon notice to the other. Section 24. Captions: The captions and section designations herein, set forth are for convenience only and shall have no substantive meaning. Section 25. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 26. Indemnification: Each party shall be liable for its own actions and negligence and, to the extent permitted by law, County shall indemnify, defend and hold harmless the City against any actions, claims or damages arising out of County’s negligence in connection with this Agreement, and the City shall indemnify, defend and hold harmless the County against any actions, claims, or damages arising out of the City’s negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party’s negligent, willful or intentional acts or omissions. Section 27. Enforcement Costs: Any costs or expenses (including reasonable attorney’s fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to this agreement. Section 28. Delegation of Duty: Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or city officers. Section 29. Severability: In the event that any section, paragraph, sentence, clause, or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned parties have caused these presents to be signed by their duly authorized officers on the day and year first written above. ATTEST: DOROTHY H. WILKEN, Clerk PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk By:. Warren H. Newell, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS By: Assistant County Attorney By:. Fire-Rescue ATTEST: CITY OF PALM BEACH GARDENS, FLORIDA, BY ITS CITY COUNCIL By: City Clerk By:. Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: July 22, 2002 Meeting Date: August 1, 2002 Resolution: 128, 2002 Subject/Agenda Item: Evergrene P.C.D.-Plat Three (AKA Parcel 4A) Plat [X] Recommendation to APPROVE [ ] Recommendation to DENY Council Action:Reviewed b~ City Attorne~~__~/ Submitted by: Sean C. Donahue, P.E. Department Director Approved by: City Manager Originating Dept.: Advertised: Date: Paper: [ ] Not Required Affected parties [ ] Notified [ ] Not required Costs: $__ (Total) Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: [ ] Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: [ ] None CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 128, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE EVERGRENE P.C.D.- PLAT THREE PLAT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Evergrene P.C.D.-Plat Three Plat; and WHEREAS, the City engineer has determined that the proposed plat meets all the technical requirements of the City’s Land Development Regulations and Chapter 177, F.S. and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City’s Comprehensive Plan and LDRs; and WHEREAS, the City Council has deemed it 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. SECTION 2: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Evergene P.C.D.-Plat Three Plat consisting of four (4) sheets dated July 2002, prepared Keshavarz & Associates, Inc., attached hereto as Exhibit "A" and incorporated herein. 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 ., 2002. 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 -2- Date Prepared: July 22, 2002 Meeting Date: August 1, 2002 Resolution: 128, 2002 EXHIBIT A CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: July 21, 2002 Meeting Date: August 1, 2002 Resolution: 129, 2002 Subject/Agenda Item: Consideration of Resolution 129, 2002, approving an Interlocal Agreement with the Solid Waste Authority for the delivery of municipal solid waste to a designated facility and authorizing the Mayor and City Clerk to execute said Agreement. [X ] Recommendation to APPROVE [ 1 Recommendation to DENY Reviewed by: City Attorney Submitted by: City Attorney Originating Dept: City Attorney~/~ Advertised: Date: Paper: [ ×] Not Required Affected parties: [ ] Notified [ X] Not Required Costs: None Funding Source: [ ] Operating [ ] Other Budget Acct. # Council Action: [ ] Approved [ ] Approved with conditions [ ] Denied [ ] Continued to: Attachments: Resolution 129, 2002 Agreement Date Prepared: July 21, 2002 Meeting Date: August 1, 2002 Resolution: 129, 2002 BACKGROUND: The Solid Waste Authority provides a County-wide program for the management of hazardous waste and the control of solid waste processing and disposal in accordance with all applicable laws and regulations. The City’s Interlocal Agreement for the Delivery.of Solid Waste to a Designated Facility expired in 2000. The proposed Agreement, which will expire in 2004, requires the City to ensure that all solid waste collected by or on behalf of the City is disposed at a facility operated or permitted by the Solid Waste Authority. In turn, the Solid Waste Authority agrees to ensure adequate capacity for the City’s waste. STAFF RECOMMENDATION: Approval of Resolution 129, 2002, approving an Interlocal Agreement with the Solid Waste Authority for the delivery of municipal solid waste to a designated facility and authorizing the Mayor and City Clerk to execute said Agreement CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 129, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH THE SOLID WASTE AUTHORITY FOR THE DELIVERY OF MUNICIPAL SOLID WASTE TO A DESIGNATED FACILITY AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Solid Waste Authority provides a County-wide program for the management of hazardous waste and the control of solid waste processing and disposal in accordance with all applicable laws and regulations; and WHEREAS, the City’s Interlocal Agreement with the Solid Waste Authority for the delivery of solid waste to a Designated Facility has expired and the City desires to enter into a new Agreement; 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 Interlocal Agreement with the Solid Waste Authority for the Delivery of Municipal Solid Waste to a Designated Facility 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. 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- RESOLVED, ADOPTED AND APPROVED THIS __ DAY OF ., 2002. 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 Date Prepared: July 21, 2002 -2- Meeting Date: August 1, 2002 Resolution: 129, 2002 EXHIBIT A -3- INTERLOCAL AGREEMENT FOR THE DELIVERY OF MUNICIPAL SOLID WASTE TO A DESIGNATED FACILITY THIS AGREEMENT, made and entered into this day of , ~ by and between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a dependent special district created pursuant to Chapter 75-473, Laws of Florida, as amended, hereinafter called "Authority", and the CITY OF PALM BEACH GARDENS, a municipal corporation, chartered and organized in accordance with the laws of the State of Florida, hereinafter called "City", to establish a designated solid waste disposal facility for the disposal of all municipal solid waste collected by or on behalf of the City. WlTNESSETH: WHEREAS, the City provides for the collection of solid waste from the residents and businesses within its boundaries; and WHEREAS, the City recognizes the need for safe and sanitary processing and disposal of solid waste; and WHEREAS, the City wishes to participate in a coordinated County-wide program for the management of hazardous waste and control of solid waste processing and disposal in cooperation with federal, state, and local agencies responsible for the prevention, control, or abatement of air, water, and land pollution; and WHEREAS, the City together with Palm Beach County recognizes the need to plan and develop an adequate solid waste system for the benefit of all the residents of Palm Beach County; and WHEREAS, the City recognizes the importance of the availability of environmentally responsible solid waste disposal facilities; and WHEREAS, the City recognizes that the Authority’s disposal system and infrastructure was established, and said infrastructure is available, for the use and betterment of all municipalities within Palm Beach County and the County, and; WHEREAS, the City recognizes the cost of existing disposal infrastructure has been paid for with revenue bonds, and residents and businesses are presently paying tipping fees and assessments to retire these bonds. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter contained to be kept and performed by the parties hereto, and for the mutual benefit of the City, its constituents and the Authority, it is agreed as follows: o o ° ° The City agrees that all. solid waste collected by or on behalf of the City shall be disposed at an Authority operated facility or Authority permitted facility, in accordance with this Agreement. City agrees to cooperate with the Authority to provide all necessary and required information to the Authority so that the City and the Authority can determine if the City’s solid waste is being delivered to the designated facility, when such information is available. The Authority agrees to maintain its disposal facility to ensure adequate capaCity for the City’s waste and to operate within all applicable local, state and federal environmental guidelines. The Authority agrees to defend any legal challenge to this interlocal agreement. Compliance with Zonin.q Ordinances Any transfer and/or disposal of solid waste shall be undertaken in a location suitable and adequate for such activity and shall comply with all local zoning ordinances and any other applicable local and state statutes, ordinances and regulations. Waste Disposal Requirements All solid waste collected by or on behalf of the City shall be disposed of at an Authority operated or permitted facility in accordance with the criteria established for acceptance of loads deemed suitable for processing at the designated facilities, as set forth in Attachment A. Term This Agreement shall begin the date herein above and continue through September 30, 2004. Notwithstanding termination, any rights or duties imposed by law shall remain in effect. This Agreement may be modified or terminated only by the mutual written consent of both parties. In the event any change in law abrogates or modifies any provisions or applications of this Agreement, the parties hereto agree to enter into good faith negotiations and use their best efforts to reach a mutually acceptable modification of this Agreement. 2 10. 11. All formal notices affecting the provisions of this Agreement shall be delivered in person or be sent by registered or certified mail to the individual designated below, until such time as either party furnishes the other party written instructions to contact another individual. For the Authority: Solid Waste Authority of Palm Beach County 7501 N. Jog Road West Palm Beach, Florida 33412 Attention: Executive Director For the City: City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Attention: If any clause, section, or provision of this Agreement shall be declared to be unconstitutional, invalid or unenforceable for any cause or reason, or is abrogated or negated by a change in law, the same shall be eliminated from this Agreement, and the remaining portion of this Agreement shall be in full force and effect and be valid as if such invalid portions thereof had not been incorporated herein. 3 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective as of the day and year first above written: As to the Authority: WITNESSES:SOLID WASTE AUTHORITY OF PALM BEACH COUNTY Donald L. Lockhart Executive Director ATTEST:SOLID WASTE AUTHORITY OF PALM BEACH COUNTY Chair ATTEST:As to the City: CITY OF PALM BEACH GARDENS City Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO FORM AND LEGAL SUFFICIENCY Legal Counsel Solid Waste Authority of Palm Beach County City Attorney Date: 4 CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: August 1, 2002 Date Prepared" July 22, 2002 SUBJECT/AGENDA ITEM Resolution 130, 2002: Appointment of Members to the B&E Committee Consideration of Approval: Staff requests approval of Resolution 130, 2002, to appoint two (2) members to the Beautification and Environmental Committee. Pursuant to Division entitled "Beautification and Environmental Committee," there are nine (9) regular members of the Committee who shall serve for terms of three (3) years. There are currently seven (7) active members and two (2) positions vacant. Staff requests the appointment Barbara Rozenzweig and Jo Ann Lang to fill the two (2) vacancies. RECOMMENDATION Staff recommends approval of Resolution 130, 2002. Reviewed by: Principal Planner Talal Benothm~CP City Attorney/Z.~" Leonard G. F~bin Finance NA Human Res. NA Submitted by: Growth Mar}~ Administrat~ ~ Charles K. Wu, AICP Approved by~ ~ City Manag~E~--~¢’~’~- Ronald M. Ferr’iV Originating Dept.: Growth Management: Project Manager Mark Hendrickson Advertised: Date: Paper: [ x ] Not Required ~Affected parties: [ ] Notified [ x ] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other NA Budget Acct.#: NA Council Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval [ ] Rec. app. w/conds. [ ] Rec. Denial [ ] Continued to: Attachments: Resolution 130, 2002 ¯Barbara Rosenzweig application ¯Jo Ann Lang application [ ] None July 22, 2002 RESOLUTION 130, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPOINTING TWO (2) MEMBERS THE BEAUTIFICATION AND ENVIRONMENTAL COMMITTEE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2-102 of the City of Palm Beach Gardens Code of Ordinances provides for the appointment of nine members to the Beautification and Environmental Committee; and, WHEREAS, the City Council desires to fill the vacancies. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council hereby appoints Barbara Rosenzweig, and Jo Ann Lang, as members of the Beautification and Environmental Committee for three (3) year terms, which terms of office shall expire on August 1, 2005. Section 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS __ DAY OF AUGUST 2002. ATTEST: ERIC JABLIN, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY PATRICIA SNIDER, CITY CLERK VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER DELGADO COUNCILMEMBER RUSSO AYE NAY CITY ATTORNEY ABSENT City of Palm Beach Gardens CITY CLERK’S OFFICE APPLICATION FOR POSITIONS ON ADVISORY BOARD (S) Please print in Black Ink Board(s) Applied for: ]~I~CIt3~I’-~CCL~I’~).I~. ~- F(’V~ If’()/’-) t~./Q+OJ Telephone: Day (oq q-- G~ ~ Evening¯ Home Ad&ess: ]~ ~C~ I D 0~ ~e ¯ How long have you been a resident of Palm Beach Gardens? / ~ ~. Palm Beach Co~? 1 ~ C~ent Employer: ’~.~i C~ Position: Please a~ch a resume to your application or use space below to su~a~e qualifications and experience aequked that would be helpful to the Board(s) for which you are applying. ¯ Special Qualifications for specific board(s) (include past board experience) Community Activities (Include offices held and committee service) ~..__~" " ~ "- t -"~ D’~f~5, k~t~ k~n~l~eAq ~ ~,, Silage ~ff~~ ~O~~Date ......... 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. Please print in Black Ink City of Palm Beach Gardens APPLICATION FOR POSITIONS ON.ADVISORY BOARD (S) Palm Beach County? .... /~f.3 Board(s) Applied for: Name: (Print) Telephone: Day ~" -.-$~.O~-Evening Home Address: How long have you been a resident of Palm Beach Gardens?/.~, Current Employer: /~~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 Back~ound Community Activities (Include offices held and committee service), Signature IAf/f..( ~_..//Date //-- f ~--.~.’-~- Applications are valid for ~o (2) years from the date they are signed. Return to City Clerk’s Office, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. CITY OF PALM BEACH GARDENS CITY COUNCIL MEETING Growth Management Department Staff Report Meeting Date: August 1, 2002 Date Prepared: July 11, 2002 SUBJECT/AGENDA ITEM Ordinance 25, 2002: Village Square Professional Park Phase II Covered Parking Second Reading/Public Hearing: A request by Glenn Weller, agent for PF Park, Ltd., for a Planned Unit Development (PUD) amendment for Village Square Professional Park Phase II to allow covered parking over seven existing parking spaces for Building 700. The 2.1- acre site is located at the southwest corner of IRCA Boulevard and Prosperity Farms Road. RECOMMENDATION Staff recommends approval of Ordinance 25, 2002, with one waiver and one condition. Reviewed by: Principal Planner~ Talal Benothman,/~J City Attorney Leonard G. Ru~in Development Compliance ~(~ Bahareh Wolfg AICP Submitted by: Growth _/~ Manag~ffn~ !"~ ~,, ~ Director, ~ ~/~ Charles K. Wu, AICP Ronald M. Ferr/isl/ Originating Dept.: Growth Management: Project Manager’~l~ Jackie Ho~ ~’n Planner Advertised: Date: July 18, 2002 Paper: Palm Beach Post /Affected parties: [X] Notified [ ] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: P&Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [X] Rec. approval [ ] Rec. approval with condition [ ] Rec. Denial [ ] Continued to: Attachments: ¯ Table 1 ¯ Table 2 ¯ Ordinance 25, 2002 ¯ Aerial ¯ LDR Section 78-374 ¯ Letters from Applicant ¯ Reduced Plans City Council Ordinance 25, 2002 Meeting Date: August 1, 2002 Date Prepared: July 11, 2002 Petition MISC-01-26 BACKGROUND The "Village Square Professional Park" was approved in two phases with two separate PUD approvals. Phase I and Phase II together total 65,800 square feet. The City Council adopted Resolution 28, 1996, approving the 33,300 square-foot Phase I section of the PUD (originally known as the "Damerau Office Park"). This resolution also included the site plan approval for Building #1 on the subject site (11,740 square feet); the remaining three buildings in Phase I required approval of the architectural, foundation landscaping, site irrigation and site improvements by the Site Plan and Appearance Review Committee. The Site Plan and Appearance Review Committee, now known as the Planning and Zoning Commission, approved the architecture, foundation landscaping, and the site irrigation for Building #2 (8,100 square feet) on July 14, 1998, Building #3 (5,560 square feet) November 30, 1999, and Building #4 (8,100 square feet) on October 10, 2000. All four (4) buildings have been constructed and are currently occupied. The PUD for the 32,500 square-foot Phase II was approved with the adoption of Ordinance 10, 1999, on March 19, 1999. This ordinance also included the site plan approval for the 5,855 square-foot Building #700, which has been completed. Building #800 was approved by the Planning and Zoning Commission on May 8, 2001, and has also been constructed. The applicant has not yet submitted development approval applications for the two remaining buildings. Upon completion, Phase II will have four buildings totaling 32,500 square feet. LAND USE & ZONING The subject site is zoned Professional Office (PO)with a Planned Unit Development (PUD) overlay, and has a future land-use designation of Professional Office (PO). (See Table 1 PROJECT DETAILS The applicant is proposing a covered parking structure to be built over seven existing parking spaces in Phase II that will be located on the west side (rear) of Building #700. The total number of required parking spaces for Phase II is 109, but the Phase II site plan was approved for 120 spaces, all of which have been built. Phase I to the north has 111 parking spaces, for a total of 231 spaces for both Phases I and II. Construction of the proposed covered parking will include steel pole frames and light beige or "off-white" vinyl canvas, which is compatible with the color of the building. Other similar, covered parking projects that have been approved within the City include Fairway Office Center at PGA National (Resolution 29, 2000, for 66 spaces), NorthCorp 2 City Council Ordinance 25, 2002 Meeting Date: August 1, 2002 Date Prepared: July 11, 2002 Petition MlSC-01-26 Lots 10 & 11 (Resolution 98, 2001, for 40 spaces), and Gardens Plaza Office Building (Ordinance 3, 1997, for 13 spaces, to be removed upon construction of a proposed permanent parking garage.) Please see Table 2 attached for a more detailed explanation of these approvals. WAIVER Code Section Required Provided Waiver Recommendation Section 78-374(g) Maximum amount of covered parking Maximum 5% of total required parking for Phase II (109 spaces), or spaces 6.4% or 7 covered parking spaces total 1.4% or 2 covered parking spaces Support (1) (1)Staff supports the waiver because the structure will be located at the rear of the building as required by Code and will not be visible from any public right-of-way. To add two additional covered spaces to the five spaces allowed by Code would not have a significant effect on the appearance of the structure and would possibly even provide a more balanced look to the rear of the building. In the attached letter dated April 1,2002, the petitioner has stated that additional covered parking is justified because it will be placed in the most hidden and unobtrusive place on site. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) To date, no objections have been received from the Building Division, Planning and Zoning Division, Fire Department, Police Department, Parks & Recreation Department, City Engineering, City Legal, Seacoast Utility Authority, Northern Palm Beach County Improvement District, Palm Beach County School District, South Florida Water Management District, Waste Management, or Florida Power & Light. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission reviewed this petition at a workshop on April 9, 2002, and on May 22, 2002, recommended approval of the amendment and waiver request by a vote of 4-2. 3 City Council Ordinance 25, 2002 Meeting Date: August 1, 2002 Date Prepared: July 11, 2002 Petition MISC-01-26 CITY COUNCIL MEETING OF JUNE 20, 2002 At the June 20, 2002, meeting, City Council voted 5-0 to approve Ordinance 25, 2002, on first reading, but requested that staff research previously-approved covered parking structures to determine if waivers had been granted for covered parking structures in the past, whether they were residential or non-residential, and the types of materials used for the structures. Table 2 is attached showing that waivers up to 43% above the 5% allowed by Code have been approved by City Council in the past. RECOMMENDATION Staff recommends approval of Ordinance 25, 2002, with one waiver and one condition. 4 City Council Ordinance 25, 2002 Meeting Date: August 1, 2002 Date Prepared: July 11, 2002 Petition MlSC-01-26 EXISTING USE Subject Property Village Square Professional Park Phase II North Village Square Professional Park Phase I South Club Oasis West Courtyard Gardens East Residential Area (Village of North Palm Beach) ZONING Professional Office (PO) with a Planned Unit Development (PUD) Overlay Professional Office (PO) with a Planned Unit Development (PUD) Overlay Residential Low Density- 3 (RL-3) with a Planned Unit Development (PUD) Overlay Professional Office (PO) Residential (R2) LAND USE Professional Office (PO) Professional Office (PO) Residential Low (RL) Commercial (C) Residential (R2) 5 City Council Ordinance 25, 2002 Meeting Date: August 1, 2002 Date Prepared: July 11, 2002 Petition MlSC-01-26 TABLE 2 COMPARISON OF PREVIOUSLY APPROVED WAIVERS FOR COVERED PARKING STRUCTURES Project Name Proposed: Village Square Bldg. 700 Approved: La Posada A.L.F. At Regional Center - Reso. 105, 2000 NorthCorp Lots 10 & 11 - South Park - Reso. 98, 2001 Fairway Professional Center, PGA National - Reso. 29, 2000 Gardens Plaza PGA Boulevard - Ord. 3, 1997 Required Parkin~l 109 433 231 589 263 5% Covered Parking Spaces Allowed 5 22 12 30 13 % Covered Parking Provided/No. 6.4% or 7 spaces 48% or 209 spaces 17.3% or 40 spaces 11.2% or 66 spaces 5% or 13 spaces % Waiver for Covered Parking/No. of Spaces 1.4% or 2 spaces 43.0% or 187 spaces 12.3% or 28 spaces 6.2% or 36 spaces No waiver required Type: Residential Non/Residential One-story office building Apts/Cottages/ Assisted Living/Skilled Nursing/Office Space/Private Club Three-story office building Four-story office building Nine-story office building & one- story bank building Materials Metal framework/ beige vinyl covering Concrete tile roof & rough sawn cedar over steel tube columns Metal framework/ green vinyl covering Metal framework/ beige vinyl coverings Metal framework/ green vinyl covering g/Jackie/village sq/misc0126 stf cc 6 Sec. 78.374. Covered parking structures. Covered parking structures shall be constructed and maintained in accordance with the specifications listed below. (a) Maintenance. A covered parking structure shall be clean and well-maintained. Disre- pair, including but not limited to rips, tears, holes, rust, and discoloration, shall be remedied immediately or shall be subject to code enforcement procedures as set forth in article VII. (b) Style. The appearance and material of covered parking shall be compatible with the architecture, style, and color of the principal structure project. (c) Materials. (1)Canvas shall be a prohibited material for covered parking structures. Vinyl coverings shall be a permitted material, provided a minimum 17-ounce reinforced grade or equivalent shall be used. (2)Metal coverings shall be constructed of a solid material, such as nonferrous alurni~lrn~ copper, or steel. (d) Building codes. All covered parking structures shall comply with applicable require- ments of the building code. Covered partying structures shall not be constructed or installed without a building permit. (e) Zoning. Covered parking structures shall comply with all zoning regulations. (f) Landscaping. The installation of the covered parking structure shall not interfere with the natural growth of the required landscaping. (g) Maximum amount. Covered parking structures shall not exceed five percent of total required parking spaces for a site. (h) Location. Covered parking structures shall be located a minimum of 100 feet from any public right-of-way and 50 feet from any residential district. Unless otherwise approved by the city council, covered parking structures shall be located in the rear of the principal building to which the parking structure is accessory. The location of covered parking structures shall be ¯ subject to city approval during the development review or site plan review process, or as an Amendment to an approved site plan. (i) Lighting. The construction of covered parking shall not impede, or alter the security lighting of the surrounding area. (Ord. No. 17-2000, § 190, 7-20-00) 2359 TREASURE ISLE DRIVE, #39 PALM BEACH GARDENS, FL 33410 SOUTHCAP PROPERTIES, INC. April 1, 2002 Mr. John Lindgren Senior Planner City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Dear Mr. Lindgren: This letter is to request the following waivers for the application for covered parking spots for Village Square Professional Park. I understand that we will be going before the Planning and Zoning Commission on March 26, 2002 and that part of that review is the consideration of the following necessary waivers. 1.4 covered parking stalls located on the south side of Building 800. These parking stalls require 2 waivers from section 78-374 (H). First, the section requires that the covered parking be placed at the rear of the building. Instead,. we propose the south side of the building. It is the most heavily screened and the most aesthetically pleasing location. There are only two possible locations for the parking. These are to the west side or the south side of the building. The west side is the main building faqade and the covered spaces would detract from the architectural appeal of the building. The south is the most hidden and heavily screened area. It is not easily seen from either the main portion of the park nor the public right of way. Second, the section requires that the covered parking be placed 100 feet from a public right of way. The proposed location is 52 feet from the property line, and 87 feet from Prosperity Farms Road. Between the road and the building is a very dense 49 foot wide mangrove wetland that has been dedicated as a perpetual mangrove preserve, a 60’ -70’ high major oak tree, a small oak tree, several 20’ pond apple trees with very thick foiliage, and at an oblique angle a utility area that is fenced and screened with a 7’ high Eugenia hedge. As a result of this very heavy vegetation and screening the proposed covered parking would be virtually invisible from the public right of way. The proposed covered parking spots to the west of the south building pad require one waiver from section 78-374 (H). These spots are 31 feet from the property line adjacent to an area zoned residential. The code requires 50’. Although the adjacent parcel is zoned residential, it is not being used for residential purposes. The neighboring property is used as the Oasis Club. Further, the parking is screened by an 8’ foot tall fence and perimeter landscaping. The City’s LDRs permit up 5% of the required parking to be covered spaces. On this site this yields only 5.45 spaces. Because of the class and nature of the office buildings, and the type of tenants who will occupy the buildings, there is a need to provide covered parking in excess of what is currently allowed by code. ..~We feel that we have selected the most hidden and unobtrusive places to locate this covered parking. We would appreciate your consideration of these mitigating circumstances, and the approval of the requested waivers. Sin~-~’~p~, ;’"Glenn Weller President OFFICE: (56~t)691-9189 ’t FAX: (561)691-1596 April 29, 2002 Jackie Hollmnan Plarmiug and Zoning Dept. City of Pahn Beach Gardens Palm Beach Gardens, FL 33410 Dear Jackie: Per our conversation regard/.og the covered parking spaces ~’or Village Square Professional Park Phase II. We would like to remove the request for all of the covered p~rking places except for the seven (7) spaces behind (west) of Building 700. should ellmi~te the need for all waivers except that we are now requesting 7 spaces when the number allowed by fight is 5 spaces. Please keep us on the agenda for May 14m. Thank You, Ctlenn Weller I00/I00 ’a RV ~I:~0 ~$ gOO~-OE-adV N.md leUO!~’~ejo~ci eJenb~ e~ell!A " I C~ 0 0 N.md leuo!~ejoJcl eJenb~ el~ell!A | July 11, 2002 ORDINANCE 25, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM PF PARK, LTD., FOR AN AMENDMENT TO THE VILLAGE SQUARE PROFESSIONAL PARK PLANNED UNIT DEVELOPMENT, PHASE II, TO ALLOW FOR SEVEN (7) COVERED PARKING SPACES OVER EXISTING PARKING LOT TO BE LOCATED ON THE WEST SIDE OF BUILDING #700, SAID PUD BEING LOCATED AT THE SOUTHWEST CORNER OF RCA BOULEVARD AND PROSPERITY FARMS ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR ONE CONDITION OF APPROVAL;PROVIDING FOR ONE WAIVER; PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (MISC-01- 26) for an amendment to a Planned Unit Development (PUD) from PF Park, Ltd., to allow the construction of seven (7) covered parking spaces over existing parking lot at the rear of Building #700 in Phase II of Village Square Professional Park, which is located at the southwest corner of RCA Boulevard and Prosperity Farms Road, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the Village Square Professional Park Phase II PUD is currently zoned Planned Unit Development (PUD) with an underlying zoning of Professional Office (PO), and a future land-use designation of Professional Office (PO); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Planning and Zoning Commission on May 22, 2002, recommended approval of said application to allow the construction of a vinyl-covered parking structure over seven (7) existing parking spaces at the rear of Building #700 Phase II of Village Square Professional Park. 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 as true and confirmed and are incorporated herein. SECTION 2. The City Council hereby approves said application for a PUD amendment to allow the construction of seven (7) covered parking spaces over existing parking lot at the rear of Building #700 in Phase II of Village Square Professional Park. Ordinance 25, 2002 July 11,2002 SECTION 3. Said approval is subject to the following condition, which shall be the responsibility of the applicant, its successors or assigns: (1)The applicant shall submit a signed and sealed photometric plan that meets the requirements of the Palm Beach Gardens Land Development Regulations prior to the issuance of any building permit for the covered parking structure for Building #700 within Phase I1. (City Engineer) SECTION 4. The City Council of the City of Palm Beach Gardens hereby grants the following waiver: (1)A waiver from the Land Development Regulations Section 78- 374(g), which requires covered parking spaces not to exceed 5% the total required parking for a site, to allow for two additional covered parking spaces for a total of seven (7) for Phase II at the rear of Building #700. SECTION 5. Construction of the approved covered parking spaces shall be in compliance with the following plans on file with the City’s Growth Management Department: (1)Site Plan A1.1 dated May 6, 2002, and Exterior Elevation A4.1 dated October 1,2001, by Michael Morel, Architect. 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. 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 of the City of Palm Beach Gardens, Florida, which are in conflict herewith are hereby repealed to the extent of such conflict. SECTION 9. This Ordinance shall be effective upon adoption. 2 Ordinance 25, 2002 July 11,2002 PLACED ON FIRST READING THIS PLACED ON SECOND READING THIS PASSED AND ADOPTED THIS DAY OF DAY OF DAY OF 2002. 2002. 2002. MAYOR JABLIN VICE-MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: PATRICIA SNIDER, CITY CLERK LEONARD RUBIN, CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT Jackie/village square/misc0126 ord.doc 3 Ordinance 25, 2002 July 11,2002 EXHIBIT "A" Village Square Plat No. 2 according to the Plat thereof r~corded in Plat Book 90, Pages 190 and 191, of the Public Records of Palm Beach County, Florida. CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: August 1, 2002 Date Prepared: July 22, 2002 SUBJECT/AGENDA ITEM Ordinance 31, 2002--Proposed Annexation of Garden Oaks, Mary Circle, & Sunset Drive First Reading / Public Heating: A City-initiated request to annex an area of contiguous, compact, unincorporated real property commonly known as Garden Oaks, Mary Circle and Sunset Drive. The 148.86-acre parcel bounded on the west by Military Trail, to the east by Interstate 95, to the south by Grove Park Elementary and Garden Walk Manufactured Home Park and to the north by Garden’s Town Square, Garden Park Plaza and Dania Road, a residential community. RECOMMENDATION Staff recommends City Council approve Ordinance 31, 2002. Reviewed by: Principal Planner Steve Cramer, AICP City Attorney ~ Leonard G. Ru~m Development Compliance Officer Submi~/g~h:~rowt~ M~g~e~t. !/" Charles K. Wu, AICP Originating Dept.: Growth Management: Project ~ Manager Kara Irwin Advertised: Date: July 24, 2002 Paper: Palm Beach Post [ ] Not Required City Mana~~~’~I Affected parties: Ronald M. Ferr~s / I [ ] Notified[ X] Not Required FINANCE: NA Costs: $ Total $ Current FY Funding Source: [ ] Operating IX] Other NA Budget Acct.#: NA [] Approved [] App. w/conditions [] Denied [] Rec. approval [] Rec. app. w/conds. [] Rec. Denial [] Continued to: Attachments: ¯Ordinance 31, 2002 ¯Annexation Area Map ¯Annexation Schedule [ ] None City Council Meeting Date: August 1, 2002 Date Prepared: July 22, 2002 Ordinance 31, 2002 Petition AX-01-01 BACKGROUND Late 2001, at the request a resident of Garden Oaks, the City Council directed staff to pursue the possibility of annexing the Garden Oaks Planned Unit Development. This development had been annexed into Palm Beach Gardens in the past, but was invalidated on March 9, 1988, by the Circuit Court. The annexation had excluded Mary Circle, which resulted in a violation of Florida Statutes. LAND USE & ZONING Table 1: Current Land Use and Zoning Designation Annexation Area Land Use (Palm Beach County) Garden Oaks RH/8 (Residential High) Mary Circle RH/8 (Residential High) Sunset Drive RH/8 (Residential High) CH/8 (Commercial High) Zoning (Palm Beach County) RM (Residential Medium)/ PUD RM (Residential Medium) RM (Residential Medium) SURROUNDING FUTURE LAND USES & ZONING DISTRICTS Table 2: Surrounding Existing & Future Land Uses & Zoning Districts DIRECTION NORTH SOUTH EAST LAND USE Commercial (C) - Garden Park Plaza and Gardens Town Square (PBG) Residential Medium (RM) - Dana Road residential community (PBG) Park Avenue, then Garden Walk Manufactured Home Community (PBC) Institutional (I) - Grove Park Elementary (PBC) R.O.W. Interstate 95, across the interstate is Palm Beach Gardens Commercial (C) Crossroads at Northlake (PBG) ZONING CG-1 (General Commercial) (PBG) RM (Residential Medium) (PBG) RM (Residential Medium) (PBC) P/I ( Public / Institutional) (PBC) CG-1 Commercial) (PBG) (General Residential Estate (RE) - Square Lake RE (Residential Estate)WEST residential community (PBC)(PBC) 2 City Council Meeting Date: August 1, 2002 Date Prepared: July 22, 2002 Ordinance 31, 2002 Petition AX-01-01 FLORIDA STATUTES Section 171.043, Florida Statutes, outlines the general criteria that an area being considered for annexation must satisfy before a municipal government can proceed with an annexation of an area by voter referendum. This section requires that any annexation must be able to meet subsections (1) and (2) as written below: (1) The total area to be annexed must be contiguous with the municipality’s boundaries at the time the annexation proceeding is begun and reasonably compact, and no part of the area shall be included within the boundary of another incorporated municipality. (2) Part or all of the area to be annexed must be developed for urban purposes. An area developed for urban purposes is defined as an area that meets any of the following standards. (a) (b) (c) It has a total residential population equal to at least two persons for each acre of land included within its boundaries. It has a total residential population equal to at least one person for each acre of land included within its boundaries and is subdivided into lots and tracts so that at least 60 percent of the total number of lots and tracts are one acre or less in size; or It is so developed that at least 60 percent of the total number of lots and tracts in the area at the time of annexation are used for urban purposes, and it is subdivided into lots and tracts so that at least 60 percent of the total acreage, not counting the acreage used at the time of annexation for nonresidential urban purposes, consists of lots and tracts five acres or less in size. The proposed annexation area (Garden Oaks, Mary Circle, & Sunset Drive) is compact and lies solely in unincorporated Palm Beach County. The subject site is isolated from the south, east and west by roadways, and the remaining side (north) of the area is contiguous to the City of Palm Beach Gardens. Thus, the first standard is met because the proposed annexation area is not within any other municipal boundary, is contiguous with the City of Palm Beach Gardens’ municipal boundary, and is compact. With an estimated population of 1,241 persons in this 148_+ acre area, there are 8.39 persons per acre. Thus, this proposed annexation fulfills the second standard of development for urban purposes by having a population density greater than two persons for each acre of land included within the proposed annexation area. In summary, the proposed annexation meets the requirements of Chapter 171 concerning the character of the area to be annexed. 3 City Council Meeting Date: August 1, 2002 Date Prepared: July 22, 2002 Ordinance 31, 2002 Petition AX-01-01 CITY OF PALM BEACH GARDENS URBAN SERVICES Parks & Recreation Palm Beach County is currently responsible for providing park and recreation facilities for the residents of the subject area. The City of Palm Beach Gardens will provide park and recreational facilities for the residents of the subject area, if they are annexed into the City. However, it must be noted that due to the proximity of the area to the City of Palm Beach Gardens, it is possible that these residents already utilize City park and recreational facilities. Based on the existing population estimate of 1,241 residents for the proposed annexation area, the City’s existing park and recreation facilities are sufficient to accommodate this additional population and still maintain the level-of-service standards for park and recreation facilities adopted in the City’s Comprehensive Plan. Police Protection Police protection for the annexation area is currently provided by the Palm Beach County Sheriff’s Office. If the area is annexed, the City of Palm Beach Gardens will provide police protection. The proposed annexation of the subject area will not exceed the established level of service (LOS) for police. The level of service is established by factoring the number of calls for service, average time for calls, administrative duties related to calls, and planned activity/neighborhood patrols into a formula to determine the required manpower for a population. The population estimate of the City of Palm Beach Gardens and the proposed annexation area is 36,299 (35,058 plus 1,241). There are 90 officers under the Chief of Police. Using the LOS standard, the City would meet the standard absent any additional population growth. Fire-Rescue Palm Beach Gardens Fire Rescue is a full service fire rescue agency providing fire suppression, advanced life support including transport, fire inspections, fire investigations and community education. In 2001, the City’s average response time for emergency service citywide was 4.45 minutes. Currently Fire Rescue maintains an Insurance Services Office Rating of Class 3 and the City is actively pursuing accreditation through the Commission on Fire Accreditation International. Additionally, Fire Station Three, located on Northlake Boulevard, is under construction with an anticipated occupancy of July 2002. This fire station will be located approximately one mile from the proposed annexation area. 4 City Council Meeting Date: August 1, 2002 Date Prepared: July 22, 2002 Ordinance 31, 2002 Petition AX-01-01 Upon the effective date of annexation, Fire-Rescue Services will be extended in the same manner and to the same level of service as provided within current corporate limits. There would not be a need for increased Fire-Rescue Service if Gardens Oaks, Mary Circle, and Sunset Drive were to be annexed into the City. Code Enforcement The City of Palm Beach Gardens Code Enforcement Division currently divides the 56-square-mile City into three (3) inspection zones. The neighborhood that is identified for the proposed annexation would be incorporated into Code Enforcement Zone 3, which is assigned to a specific Code Enforcement Officer. The Division consists of three full time and one part-time inspector and three marked vehicles. The City anticipates the need for an intense proactive education on the City Code Enforcement requirements on fences, setbacks, and parking of commercial and recreational vehicles in the older sections of the proposed annexation area. The City anticipates no adverse impact on the current workload by the proposed annexation. General Municipal Government The City currently provides community development services through the Growth Management Department, which issues building permits, reviews site plans, issues certificates of occupancy, ensures that development complies with the City’s Comprehensive Development Plan and handles other issues relating to the development of the City. The Growth Management Department also provides for zoning regulation and rezoning of City land areas. The land use and zoning of the area proposed for annexation may be redesignated within one to two years of the date of annexation. Particular care will be exercised in redesignation, in order to assure that full developmental rights will be preserved for newly-annexed areas. ESTIMATED IMPROVEMENTS Water The City currently receives potable water service from the Seacoast Utility Authority (SUA). The areas to be annexed are within the water service boundaries of the Seacoast Utility Authority. There are two system improvements necessary to provide the same level of service to annexed residents as provided to current City residents. These improvements consist of the following: Mary Circle would require Capital Expenditure expenses estimated at $184,625.00 to provide service mains to an estimated 46 single-family homes. A $1,650.00 connection fee / meter cost per unit is also required. Total cost is estimated at $260,525.00. 2.Sunset Drive and 40th Terrace would require Capital Expenditure expenses estimated at 5 City Council Meeting Date: August 1, 2002 Date Prepared: July 22, 2002 Ordinance 31, 2002 Petition AX-01-01 $272,500.00 to provide service mains to 94 individually-metered units. A $1,650.00 connection fee per unit is also required. Total cost is estimated at $427,600.00. Since there is currently no citywide requirement that existing well systems be disallowed and property owners forced to hook up to SUA’s service, there would be no requirement by the City in newly-annexed areas that the use of water well systems be discontinued. Sewer The City currently receives sanitary sewer service from the Seacoast Utility Authority (SUA). The areas to be annexed are within the service boundaries of the Seacoast Utility Authority. There are two system improvements necessary to provide the same level of service to annexed residents as provided to current City residents, which consist of the following: Mary Circle would require Capital Expenditure expenses estimated at $170,620.00 to provide service mains to an estimated 46 single-family home. A $1,200.00 connection fee per unit is also required. Total cost is estimated at $225,820.00. Sunset Drive and 40th Terrace would require Capital Expenditure expenses estimated at $418,750.00 to provide service mains to 94 individually-metered units. A $1,200.00 connection fee per unit is also required. Total cost is estimated at $531,550.00. Since there is currently no citywide requirement that existing septic systems be disallowed and property owners forced to hook up to SUA’s service, there would be no requirement by the City in newly-annexed areas that the use of septic systems be discontinued. Roadway Improvements A substandard roadway, designated as 40th Terrace, accesses homes within the Sunset Drive annexation area. The access roadway is a shell-rock drive along the eastern portion of the subdivision. The cost for improving the roadway is estimated at $667,000. Staff has determined that the roadway improvements should not be commenced until such time as water and sewer lines are installed to service the area. Funding Potential sources of these funds are various and include the following: 1.City of Palm Beach Gardens Fiscal Year 2003/2004 Capital Improvements Budget. These improvements are currently unbudgeted expenditures in FY 2003 or beyond. 2. Residents could pay capital improvement fees sufficient to provide the service. 3. The City could create a special taxing district or a special assessment to provide the 6 City Council Meeting Date: August 1, 2002 Date Prepared: July 22, 2002 Ordinance 31, 2002 Petition AX-01-01 necessary improvements. 4.The City could apply for supplemental funds from such grant programs as the Palm Beach County Community Development Block Grant (CDBG) program or low interest loans for the residents. 5.Certain combinations of the above-referenced resources. REFERENDUM In the past, a referendum for annexation was required to be voted on by the area proposed to be annexed as well as the residents of the City proposing the annexation. Currently, Section 171.0413, Florida Statute, states "The governing body of the annexing municipality may also choose to submit the ordinance of annexation to a separate vote of the registered electors of the annexing municipality." The City Council may or may not choose to do a dual referendum to involuntarily annex the proposed areas, but must consider that the Florida Statutes now give the City Council the ability to determine that the City will proceed with the annexation without placing it to a vote by the current residents. A general election is being held on November 5, 2002, on which ballot the proposed referendum will be placed. The adopted referendum language must be submitted to the Supervisor of Elections no later than September 3, 2002. In order to meet the aforementioned deadline, city staff has prepared a schedule, which has been attached to the staff report. ANNEXATION AREA RESIDENTS Staff is currently scheduling meetings with the residents of the proposed annexation area now that the resolution adopting the Urban Services Report has been forwarded to the Board of County Commissioners. A notification letter is being sent to each site address as well as property owners within the annexation area. Staff feels that meeting with the residents will provide a better understanding of the needs, concerns, and expectations that will result from the annexation. CITY COUNCIL ACTION On July 18, 2002, the City Council heard a presentation on the annexation proposal and unanimously adopted Resolution 116, 2002, which approved the Urban Services Report for transmittal to the Palm Beach County Board of County Commissioners. 7 STAFF RECOMMENDATION Staff recommends City Council approve Ordinance 31, 2002. City Council Meeting Date: August 1, 2002 Date Prepared: July 22, 2002 Ordinance 31, 2002 Petition AX-01-01 Date Prepared: July 22, 2002 Meeting Date: August 1, 2002 CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 31, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ANNEXING INTO THE CITY AN AREA OF CONTIGUOUS, COMPACT, UNINCORPORATED REAL PROPERTY MORE PARTICULARLY DESCRIBED HEREIN AND COMMONLY KNOWN AS "GARDEN OAKS, MARY CIRCLE AND SUNSET DRIVE;" PROVIDING FOR REDEFINITION OF THE CITY’S CORPORATE BOUNDARIES; PROVIDING FOR REFERENDUM ELECTION; PROVIDING FOR ADVERTISING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with Section 171.0413, Florida Statutes, the City Council seeks to annex an area of contiguous, compact, unincorporated real property described in Exhibit "A" attached hereto and commonly known as Garden Oaks, Mary Circle and Sunset Drive; and WHEREAS, the City has prepared and filed with the Board of Commissioners of Palm Beach County an Urban Services Report setting forth its plans to provide municipal services to the real property; and WHEREAS, the City Council determines that annexation of the real property shall not create any enclaves and that the City can effectively provide police, fire and other municipal services to the real property in compliance with Chapter 171, Florida Statutes; and WHEREAS, the City Council determines that the adoption of this Ordinance is 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, 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 Ordinance upon adoption hereof. SECTION 2: The City Council hereby annexes into the City of Palm Beach Gardens an area of contiguous, compact, unincorporated territory commonly known as "Garden Oaks, Mary Circle, and Sunset Drive" as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter "Property"). SECTION 3: The boundaries of the City of Palm Beach Gardens, Florida are hereby redefined and shall include the above described real property, and the Property is hereby declared to be within the City’s corporate limits. SECTION 4: The annexation of the Property shall not take effect unless and until the annexation is submitted to a vote of the registered voters of the Property, as described in Exhibit "A," at the general election to be held on November 5, 2002. SECTION 5: In accordance with sections 101.161 and 171.0413(e), Florida Statutes, the title the ballot, explanatory statement and ballot question shall read as follows: REFERENDUM APPROVAL OF ORDINANCE 31, 2002 OF THE CITY OF PALM BEACH GARDENS ORDINANCE 31, 2002 ANNEXES AN AREA OF CONTIGUOUS, COMPACT, UNINCORPORATED TERRITORY COMMONLY KNOWN AS GARDEN OAKS, MARY CIRCLE AND SUNSET DRIVE INTO THE CORPORATE LIMITS OF THE CITY OF PALM BEACH PALM BEACH GARDENS. FOR ANNEXATION OF PROPERTY DESCRIBED IN ORDINANCE 31, 2002 OF THE CITY OF PALM BEACH GARDENS. AGAINST ANNEXATION OF PROPERTY DESCRIBED IN ORDINANCE 31, 2002 OF THE CITY OF PALM BEACH GARDENS. SECTION 6: City Staff is hereby authorized and directed to advertise the referendum on annexation in accordance with all City and statutory requirements. SECTION 7: All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. SECTION 8: 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 9. This Ordinance shall become effective ten (10) days after approval by referendum vote in favor of annexation by the registered electors of the Property. If there is a majority vote against annexation, this Ordinance shall not become effective. PASSED, FIRST READING this day of ,2002. PASSED, SECOND READING this day of ,2002. PASSED, ADOPTED AND APPROVED this Date Prepared: July 22, 2002 Meeting Date: August 1, 2002 Ordinance 31, 2002 day of .,2002. SIGNED: MAYOR JABLIN COUNCILMEMBER CLARK VICE MAYOR SABATELLO 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 Date Prepared: July 22, 2002 Meeting Date: August 1, 2002 Ordinance 31, 2002 EXHIBIT A MILITARY TRAIL NUE (/) INTEP3TATE 95 Revised: June 25, 2002 3. 4. 5. April 1 May 28 July 18 July 22 July 29 July 15 July 24 Aug. 1 Aug. 9 Aug. 30 Sept. 5 Nov. 5 Nov. 6 CITY OF PALM BEACH GARDENS ANNEXATION REFERENDUM SCHEDULE FOR GARDEN OAKS, MARY CIRCLE & SUNSET DRIVE (Note: All dates are in the year 2002.) 60 days to complete draft Urban Service Report, and forward to departments for comments. 2 weeks for departments to comment on Urban Service Report. Present Urban Service Report to City Council. Submit Urban Services Report to Palm Beach County. Begin meetings with residents of areas to be annexed. (Send Courtesy letter to residents on July 23) Complete annexation ordinance and referendum language. Publish 1st public heating notice in paper. (seven days before the first public hearing) Public heating and first readings of annexation ordinances. (Effective date of ordinance after referendum.) City Council to review referendum language. Forward referendum language and associated materials to the Supervisor of Elections. Publish 2nd public hearing notice in paper. Public hearing and second reading of annexation ordinances. (five days before the second public hearing) Referendum. Effective dates for annexation ordinances. (The effective dates need to be in this calendar year for properties to be on the tax roll for the following calendar year.) CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: August 1, 2002 Date Prepared: July 15, 2002 SUBJECT/AGENDA ITEM Resolution 121, 2002: Interlocal Agreement Consideration of Approval: Ms. Dodi Glas of Urban Design Studio, Agent for the Congress Plaza West, is requesting approval of an Interlocal Agreement for a joint development agreement between the City of Palm Beach Gardens and the Town of Lake Park. The agreement is regarding a parcel of land located within the jurisdictions of both the Town and the City. The subject parcel is approximately 8.7 acres and is located at the southwest corner of Northlake Boulevard and Congress Avenue. RECOMMENDATION Staff recommends approval of Resolution 121,2002. Reviewed by: Principal Planner Talal M. Benoth/~P City Attorney ~=~’E./ Finance NA Human Res. N__~_~A Submitte~ by: Growth(" Directot~., Charles K. Wu, AICP Approved by./~ ~ City Manag~/l~ Ronald Fer~" [. " Originating Dept.: Growth Management: Project Manager Talal M. Benothman Advertised: Date: Paper: Palm Beach Post ~ired Required >Affected parties: [X] Notified [ ] Not Required FINANCE: NA Costs: $ Total $ Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: P&Z Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval [ ] Rec. app. w/conds, [ ] Rec. Denial [] Continued to:~ Attachments: Resolution 121,2002 Exhibit A Exhibit B Arial Map Lot Configuration [] None City Council Meeting Date: August 1, 2002 Date Prepared: July 15, 2002 Resolution 121, 2002 Petition: MISC-02-06 REQUEST The applicant is requesting approval of the proposed agreement for the subject site in order to develop it as one unified Planned Unit Development (PUD) consistent with the regulations of both the City of Palm Beach Gardens and the Town of Lake Park. The purpose of the agreement is also to achieve consistency with the Northlake Boulevard Overlay Zoning District (NBOZ). Both the City Attorney and the Growth Management Department staff have reviewed the agreement. BACKGROUND A portion of the site, approximately 5 acres, is located within the City, and was subject to a land-use change from Industrial to Commercial by the City of Palm Beach Gardens in 2001. This portion of the site is still zoned Light Industrial (makes up 57% of the entire PUD), but will be changed to a PUD Overlay with underlying zoning of General Commercial once the PUD is approved by the City Council. The zoning classification of the remaining portion of the parcel within the Town of Lake Park (makes up 43% of the entire PUD), reflected on the Town’s Zoning Map, is a Traditional Neighborhood District (TND). The Interlocal agreement deals with setting the procedure for review, approval, and implementation of the development by both jurisdictions, and other important issues. These issues are as follows: ¯ Providing for a centralized development review, permitting, and code enforcement process; ¯Providing for each municipality to appoint an "Administrator" to coordinate the implementation of this agreement; ¯Providing for a unified development application process pursuant to the City’s application procedures; ¯Providing for each municipality to review development applications in conformity with its own Land Development Regulations and those of the NBOZ. Should a conflict with a municipal code arise, then the provisions of the NBOZ for waivers or variances shall apply; ¯Providing for each municipality to take separate actions on development applications, but during jointly held meetings for the approval of such applications; ¯Providing for the City of Palm Beach Gardens to be solely responsible for leading the processing of all development applications with respect to the subject site, but the review of such applications shall be conducted jointly; ¯Providing for public hearings, making recommendations to governing bodies, and taking final action to be conducted during joint meetings. Such meetings are to be established by the "Administrators"; ¯Providing for each municipality to receive impact fees based on the actual building square footage located within each municipality. Application fees shall be paid in full to each municipality; City Council Meeting Date: August 1, 2002 Date Prepared: July 15, 2002 Resolution 121, 2002 Petition: MISC-02-06 ¯Providing for the proration of property taxes based on the percentage of land of the total site located within each municipality; ¯Providing for the provision of public services, building permits and fees, building inspections and issuance of certificates and licenses shall be under the direction of the jurisdiction with the largest percentage of each structure or improvement, unless otherwise provided for in the development order; ¯Providing for the City of Palm Beach Gardens to inspect all site work including parking and landscaping areas for final Certificate of Occupancy; ¯Providing for the subject site be under one unity of control; and ¯Providing for all future development applications including amendments to or redevelopment of shall require review and approval by both municipalities, as mentioned above. The development order conditions of the PUD will specifically address in greater detail all of the issues outlined above. Please see Interlocal Agreement attached. STAFF RECOMMENDATION Staff recommends approval of Resolution 121,2002 to adopt an Interlocal Agreement for a joint development agreement between the Town of Lake Park and City of Palm Beach Gardens. G:Talal/MISC-02-06-str-cc 3 LUP: RM Zone: RM Hilltop Gardens° ZONE: CG-1 Northlake ~ Business Parki CONG EST PLAZA PIeD APPLICATION PALM BEACH GARDENS, FL AERIAL MAP Scale 1 1/2" = 1 Mile UDS Job#: 00-023.02 Date: APRIL 23, 2002 R 4~3 T 42 S 1~9 C:,,.(’aro_~el[~\Caroscll;.~’,,NLmkc:- Con~rc~\Conc cp[ \ I ! DEC’O l",,b s-~e ~ l.dw~1 -! 09:3~:55 AM, ~.k~l~_Lree\vrb_b.p5000, =J= RESOLUTION 121, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ADOPTING AN INTERLOCAL AGREEMENT FOR JOINT DEVELOPMENT REVIEW WITH THE TOWN OF LAKE PARK REGARDING A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF NORTHLAKE BLVD. AND CONGRESS AVENUE, AS MORE PARCTICULARY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE INTERLOCAL AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Interlocal Agreement establishes a process for review, permitting, code enforcement, and the provision of public services for the subject parcel, as more particularly described in Exhibits "A" and "B" attached hereto; and WHEREAS, the Growth Management Department and the City Attorney have reviewed the Interlocal Agreement and determined that its objectives are consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, the objective of the Interlocal Agreement is consistent with the intent and regulations of the Northlake Boulevard Overlay Zoning District; and WHEREAS, the Growth Management Department has recommended approval of the Interlocal Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby adopts an Interlocal Agreement with the Town of Lake Park to establish a joint review process for review, permitting, code enforcement, and the provision of public services for the subject parcel, more particularly described in Exhibits "A" attached hereto and incorporated herein, the City Council further authorizes the Mayor and City Clerk to execute said Agreement, attached hereto as Exhibit "B" and incorporated herein. Section 2. If any clause, section, other part of 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 3. All Resolutions, or parts of Resolutions, in conflict herewith are hereby repealed to the extent of such conflict. Meeting Date: August l, 2002 Section 4. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS THE DAY OF 2002. MAYOR ERIC JABLIN ATTESTED BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY: PATRICIA SNIDER, CITY CLERK LEN RUBIN, CITY ATTORNEY VOTE: MAYOR JABLI N VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT G:TalalMISC-02-06-reso DESCRIPTION & SKETCH PREPARED FOR: CONGRESS PLAZA WEST, JOINT VENTURE "Exhibit A" LEGAL DESCRIPTION: A PARCEL OF LAND SITUATE IN THE NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 19, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARILY DESCRIBED ASFOLEOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19; THENCE NORTH 88°26’21"WEST, ALONG THE NORTH LINE OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SAID SECTION 19, A DISTANCE OF 1101.61 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF THE SOUTH FLORIDA WATER MANAGEM~ENT DISTRICT C-17 CANAL, A 340 FOOT RIGHT.OF:WAY, ASi RECORDED IN DEED BOOK 1164, PAGE 572, AND DEED BOOK 1089, PAGE 390, OF THE PUBLIC RECORDS OF PALI~BEACH C!~UNTY, FLORIDA; THENCE SOUTH 01°31’19.’ WEST, DEPARTING SAID. NORTH LINE AND ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 75.00 FEET TO A POINT IN THE SOUTH LINE OF THAT CERTAIN 75.00 FOOT RIGHT-OF-WAY FOR NORTHLAKE BOULEVARD AS RECORDED IN DEED BOOK 95i-, PAGE 194, AND DEED BOOK 916, PAGE 453, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88°26’21’’ EAST ALONG SAID SOL~FR RIGHT-OF.WAY LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; THEN,CE CONTINUE SOUTH 88°26’21’’ EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 396.10 FEET TO THE WEST LINE OF CONGRESS AVENUE AS RECORDED IN OFFICIAL RECORDS BOOK 10739, AT PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 43°42’15’. EAST DEPARTING SAID SOUTH LINE AND ALONG SAID WEST LINE, A DISTANCE OF 56.31 FEET; THENCE SOUTH 01°02’16" WEST, ALONG SAID WEST LINE, A DISTANCE OF 414.41 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 8529.37 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND SAID WEST L!NE, THROUGH A CENTRAL ANGLE OF 00°50’05’’, A DISTANCE OF 124.26 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01°20’19’’ WEST ALONG SAID WEST LINE A DISTANCE OF 15.3.72 FEET; THENCE NORTH 88°26’21" WEST, DEPARTING SAID WEST LINE, A DISTANCE OF 638.51 FEET TO A POINT ON A LINE 2.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE SAID EAST LINE OF THE Co17 CANAL; THENCE NORTH 19°22’14’’ EAST ALONG A LINE PARALLEL WITH, AND 2.00’ EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE SAID EAST LINE OF THE C-17 CANAL A DISTANCE OF 588.27 FEET; THENCE 01°31’19". EAST, CONTINUING ALONG SAID PARALLEL LINE A DISTANCE OF 146.92 FEET TO A POINT 25.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH RIGHT OF WAY LINE OF SAID NORTHLAKE BOULEVARD; THENCE SOUTH 88°26’21" EAST, ALONG A LINE PARALLEL WITH, AND 25.(]0 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SAID SOUTH RIGHT-OF-WAY OF NORTHLAKE BOULEVARD A DISTANCE OF 18.00 FEET TO A POINT ON A LINE 20.00 EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE C-17 CANAL; THENCE NORTH 01°31’19’’ EAST ALONG A LINE PARALLEL WITH AND 20.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE SAID EAST LINE OF THE C-17 CANAL A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. SURVEYOR’S NOTES: 1. THIS DRAWING IS NOT A SURVEY. 2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. 3. THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER. 4. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY LIDBERG LAND SURVEYING, INC.LEGEND: DATE OF LEGAL DESCRIPTION: JUNE 25, 2002 LB = LICENSE BUSINESS LIDBERG LAND SURVEYING, INC. DAVID C. LIDBERG PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE No. 3613 LS = LICENSE SURVEYOR ORB = OFFICIAL RECORD BOOK PB = PLAT BOOK POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT ROW = RIGHT-OF-WAY UE = UTILITY EASEMENT LIDBERG LAND S URVEYING, INC. LB 4431 CAD K:~AUTOCAD2000\194243\02-095\DWG\0942303A.DWG REF K:~,UTOCAD\ FLD 0FF S.F.B. CKD D.C.L. FB.PG. SHEET t OF JOB DATE 2 DWG 02-095-303A, 06/27/02 A02-095A K:tAUTOCAD2000~194243~O2-O95~dwg~O952303A.dwg 06/28/2002 02:24:43 PM EDT July 1, 2002 INTERLOCAL AGREEMENT BETWEEN THE CITY’O~/~BM~gEACH GARDENS AND TOWN OF LAKE PARK FOR JOINT DEVELOPMENT REVIEW "Exhibit B" FOR PROPERTY AT THE SOUTHWEST CORNER OF NORTHLAKE BOULEVARD AND CONGRESS AVENUE THIS INTERLOCAL AGREEMENT (Agreement) is made this __ day of ,2002, by and between CITY OF PALM BEACH GARDENS, a municipal corporation (hereinafter"City") and TOWN OF LAKE PARK, a municipal corporation (hereinafter "Town"). WHEREAS, the owners of portions of a 8.80 acres, more or less parcel of land generally located on the southwest comer of Congress Avenue and Northlake Boulevard seek to develop the Site ("Site") as a unified project; and WHEREAS, approximately 5 acres or 57% of the site is within the City of Palm Beach Gardens and 3.71 acres or 43% of the’ "Site" is within the Town of Lake Park, more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Site is significant because of its location as a gateway to both the Town and the City; and WHEREAS, it is the intent of the City and Town to implement the Northlake Boulevard Overlay Zoning District and to establish consistent land development regulations for the Site; and WHEREAS, the City and Town propose to provide a process for centralized development review, permitting and code enforcement so as to enable the owner(s) of the Site to utilize the property in accordance with zoning and enforcement procedures that are consistent in each municipality; and WHEREAS, the City and Town are authorized pursuant to Section 163.01, Part I, chapter 163, Florida Statutes to enter into this Agreement; and WHEREAS, in the spirit ofintergovernmental coordination and in support of the efforts of the Northlake Boulevard Corridor Task Force and the desire to promote good community planning within and beyond the boundaries of both municipalities, the City and the Town recognize that it is in their mutual best interests to enter into this Agreement. \\Uds_server~VOL 1 \COMMONkJobskParcel 34.01W~devagmt.070102R.wpd LCC35 Page 1 of 5 "Exhibit B" NOW, THEREFORE, in consideration of the obligations and undertakings described below, the City and Town do hereby enter into this Interlocal Agreement and represent, covenant and agree as follows: 1. RECITALS: The foregoing recitals are true and correct and express the City’s and Town’s mutual interest in development of the Site. 2. IMPLEMENTATION OF AGREEMENT: (a) City and Town shall each appoint an "Administrator," for the purposes of this Interlocal Agreement to coordinate the administration between the municipalities. (b) The City’s Growth Management Director and the Town’s Community Development Director are hereby required to meet with the Administrators to review applications for zoning, permits, site plans and building plans in order to facilitate such applications, all of which shall be processed pursuant to the City’s applications procedures, but jointly with the Town on a set schedule mutually established by the Administrators. (c) It is contemplated that the proposed development on the Site will be treated as rezoning by both the Town and City. Each municipality shall be responsible for reviewing all applications against their respective land development regulations and the regulations of the proposed Northlake Boulevard Overlay Zoning District (NBOZ), but each jurisdiction shall take separate action at jointly held meetings for the approval of such applications. In case of conflict with other municipal code provisions, the provisions of the NBOZ for waivers or variances, as permitted under each jurisdiction’s municipal code, shall apply. (d) In order to maintain an orderly development review process, the City shall solely responsible for leading the processing of all development applications with regard to the Site, in accordance with the City’s procedures and the procedures set forth in the proposed Northlake Boulevard Overlay Zoning District regulations. The Town and City shall review applications jointly and the recommendations by both municipal Planning and Zoning bodies, first and second readings of ordinances, public hearings and final action by the City Council and Town Commission shall occur at joint meetings to be scheduled through the Administrators. (e) This Agreement shall apply to any expansion or contraction area of the Site which is contiguous to the original site and thereby changing the percentage of land area in the respective jurisdictions and corresponding prorata calculations as defined herein. \\Uds_serverWOL 1 \COMMONklobs~Paree134.01W~devagmt.070102R.wpd LCC35 Page 2 of 5 "Exhibit B" (f) Municipal impact fees shall be paid based on the actual building square footage located within the municipality and the applicable fee schedule. The general development application fee shall be paid in full to each municipality, as required. (g) Property taxes for the buildings and other improvement shall be prorated to each municipality based on percentage of site located with in the municipality. Property taxes for land shall be paid in accordance with the normal procedure of the Palm Beach County tax collector. (h) Police protection, fire protection, building permits and fees, building inspections, Certificates of Occupancy, and occupational licenses shall be under the direction of the jurisdiction with the largest percentage of each structure or improvement requiring inspection located in its jurisdiction, unless otherwise provided for in the final development order. The City shall inspect ALL Site work including parking and landscaping areas, with the exception foundation plantings, for final certificate of occupancy. (i) All property of the subject Site shall be required to provide Unity of Control for the affected property. A single plat for the Site shall be approved by both goveming bodies. (j) All future development applications including amendments to the development order and/or redevelopment plans for the site shall require joint ]’eview and approval by the governing bodies of each.municipalities. Such review and approval shall be conducted consistent with the above described process unless otherwise agreed to by the owner of the site and each governing body of each municipality. 3. NORTHLAKE BOULEVARD OVERLAY DISTRICT The Town and City hereby acknowledge that each municipality has been working toward a common goal regarding development review and procedures on Northlake Boulevard and each has adopted or anticipates adopting the procedures and requirements of the Northlake Boulevard Overlay Zoning District. In an effort to provide consistent and fair code enforcement by each municipality, the code enforcement officers of each municipality shall coordinate their activities to ensure consistent enforcement throughout the Site. 4. MODIFICATION OF AGREEMENT This Agreement may be modified only upon majority vote of the governing body in each municipality. 5. DURATION This Agreement shall remain in effect unless amended in writing by both parties with adequate notice to the property owner of record. \\Uds_server\VOL 1 \COMMONUob s~Parcel 34.01 W~devagrnt. 070102R. LCC35 Page 3 of 5 "Exhibit B" 6. RECORDATION IN PUBLIC RECORDS This Agreement shall be recorded in the Public Records of Palm Beach County and in the records of City and Town. 7. LEGISLATIVE POWER This Agreement is not intended nor shall it be constructed as a delegation of legislative power to the other municipality or the administrator. 8. GOVERNING LAW This Agreement shall be governed by, and constructed and enforced in accordance with the laws of the State of Florida. 9. COUNTERPARTS This Inteflocal Agreement may be executed in one or more counterparts, each of which together shall constitute one and the same instrument. 10. EFFECTIVE DATE This Agreement shall be effective upon full execution by City and Town. IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals on the day and year first above written. EXECUTED BY THE CITY this day of ~,2002. ATTEST:CITY OF PALM BEACH GARDENS CITY CLERK BY: MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY \\Uds_server\VOL 1 \COMMONUobs~Parcel 34.01W~devagmt.070102R.wpd LCC35 Page 4 of 5 "Exhibit B" EXECUTED BY THE TOWN this ~day of ,2002. ATTEST:TOWN OF LAKE PARK TOWN CLERK MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: TOWN ATTORNEY \\Uds_server\VOL 1 \COM/vlONkJobskParcel 34.01W~devagmt.070102R.wpd LCC35 Page 5 of 5 CITY OF PALM BEACH GARDENS MEMORANDUM TO:Mayor and Council DATE:August 1, 2002 APPROVED: Ron Ferris, City Manage~ FROM:Sheryl Stewart, Assistant to the City Manager~~(~ SUBJECT:Blue Ribbon Panel Status Update The Blue Ribbon Panel held two meetings in July. The attached draR action minutes for the meeting on July 24t~ have not been approved yet by the panel, but are being provided to you as a status update regarding various funding vehicles that have been explored. The next meeting is scheduled for August 7, 2002, at which time the panel will discuss further the details outlined on pages two and three. To summarize, the panel has reached consensus to work out the details necessary to potentially recommend the following strategy: Create a citywide dependent taxing district with the authority, subject to referendum approval, to levy up to one-half of a mill on an annual basis for restoration. The referendum would authorize Council to levy the taxes specifically for a one-time restoration of the City’s primary drainage system. The taxation would occur for a specified number of years and then sunset; and 2.For the center part of the City, create a benefit unit that would pay for its maintenance going forward through non ad valorem assessments. The key points considered were the citywide importance and benefits of f’~xing the existing storm water drainage system, regardless of where one lives, as well as the need to establish a dedicated source of funding that does not compete with any other program during the City’s annual budget process. The panel has begun to discuss how the first part of the strategy would involve a referendum, and the second part would involve the adoption of a City Ordinance. If the voters approved a referendum for the restoration citywide, then an ordinance would need to be adopted for on-going maintenance for the center part of the City in order for this strategy to succeed. Should you have any questions, please advise. Attachments PRELIMINARY DRAFT ONLY, SUBJECT TO APPROVAL BLUE RIBBON PANEL ACTION MINUTES JULY 24, 2002 MEETING CITY COUNCIL CHAMBERS III. IV. Call to Order- The meeting began at 7:00 p.rru Roll Call - The following members were present: Joan Altwatcr, Paul Auerbach, Chuck Haas, Wesley Lauer, Marilyn Lew-Jacobs, Terry Lewis, Linda Monroe, Sanford Pearl, Adrian Salee, Louis Satriano. Terrie Bates arrived shortly after the meeting began, and Theodore Thoburn was absent (vacation). Mayor Eric Jablin was present, as well as the following staff members: Sheryl Stewart, Ron Ferris, Jack Doughney, and Dan Clark. Approval of action minutes for July 10, 2002 meeting - approved unanimously. There was clarification that the reference to dedicated sources of funding are those that go above and beyond the approximate $1.4 million total in the City’s operating budget for canal and swale maintenance. The budget includes $400,000 for restoration this year and next year. What is needed is approximately $4 to $5 million for major restoration projects as outlined in the Storm Water Management Plan. Presentation and discussion on potential funding mechanisms Terry Lewis and Chuck Haas presented information they had gathered and reviewed with staff on July 15, 2002. Mr. Lewis and Mr. Haas explained each of the funding sources and special district alternatives as outlined on the charts, and the implementation processes required. Ms. Bates also provided a list of state and federal funding sources. There was discussion about which vehicles would require referendum, and how to present the recommendation to the public. Regarding flooding, Mr. Clark advised with support by Ms. Bates, that the City’s relatiomhip with South Florida Water Management District (SFWMD) has improved over the past few years with respect management. Water measuring structures are now in place, which allow us to properly determine before a storm event when the water level is such that the SFWMD gates need to be opened. This has occurred through a Memorandum of Understanding between the City and SFWMD. While water conveyance has improved, there are sediments and other issues with the canals that are problematic and require attention. PRELIMINARY DRAFT ONLY, SUBJECT TO APPROVAL ACTION.’. Through discussion, there was consensus that there is a citywide benefit to restore the City’s primary drainage system regardless of where one lives. Therefore, of all the funding vehicles presented, there was consensus to explore further as a recommendation the following: O)Create a citywide dependent taxing district with the authority, subject to referendum approval, to levy up to one-half of a mill on an annual basis for restoration; AND For the center part of the City, create a benefit unit that would pay for its maintenance going forward through non ad valorem assessments. Part (1) would involve a referendum authorizing Council to levy the taxes dedicated specifically for a one-time restoration of the City’s primary drainage system. This taxation would occur for a specified number Of years and would sunset. Part (2) would be established by City Council through ordinance, with the clear understanding that if (1) was approved by voters, then (2) would occur. ACTION: Staff will work with Mr. Lewis and Mr. Haas on bringing back different funding scenarios and details regarding the above proposed recommendation, to include the following: For canal restoration citywide, what would the annual millage rate need to be for the dependent district to accomplish the Storm Water Plan (projects totaling approximately $4 - $5 million), and for how many years? (lf~ for example it is determined that the restoration is four-year program, the desire may be to sunset the funding source .at the end of five years, to give us an additional year to investigate what is unknown.) What would be the average tax payment per household per $100,000 of assessed value for the $4 - $5 million in restoration projects each year for a total of four or five years? What would be the cost for the citywide restoration using a 20-year municipal bond versus a 10-year bank loan? In the non ad valorem assessment unit, what would be the annual cost per household unit for the entire annual maintenance of canals and swales in the benefit area? This would be based on approximately 16,000 ESUs (equivalem stormwater units), benefit units in the center part of the City. PRELIMINARY DRAFT ONLY, SUBJECT TO APPROVAL Vo VI. In addition, how would a sinking fund be established as reserves for the center part of the City for major capital improvements (canal renewal, repair and replacement) on an annual seven-year cycle, which currently is not annually appropriated? The members thanked Mr. Lewis and Mr. Haas for their hard work in preparing the charts on funding mechanisms and leading this discussior~ Next Meeting - There was consensus to meet every other Wednesday. The next meeting will be August 7, 2002, 7:00 p.m. in Council Chambers. Adjourn - The meeting was adjourned at 9:00 p.n~ FUNDING SOURCES FOR STORMWATER CAPITAL IMPROVEMENTS/MAINTENANCE 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 Valorem Bonds FUNDING 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 HI, F.S.) Palm Beach Gardens Palm Beach Gardens *Palm Beach Gardens *Independent Special District 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 rCHANGE IN WORDING ON RESOLO-T~ON 121,2002 Original language (e) This Agreement shall apply to any expansion or contraction area of the Site which is contiguous to the original site and thereby changing the percentage of land area in the respective jurisdictions and corresponding prorata calculations as defined herein. Propose (e) This Agreement shall apply to any expansion or contraction area of the Site which is contiguous to the original Site and thereby changing the percentage of land area in the respective jurisdictions and corresponding prorata calculations as defined herein. The legal description of the Site shall be depicted by the approved plat. jtdevlanguage.2 LCC35 Refereace Material for Resolution 126, 2002 DRAFT CITY OF PALM BEACH GARDENS ART ADVISORY COMMITTEE July 15, 2002 The regular meeting of the Art Advisory Committee of the City of Palm Beach Gardens, Florida, was called to order by Chair David Porter at 5:39 P.M. in the City Council conference room at the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida. Roll Call The roll was called by Senior Planner Kara Irwin, Staff Liaison for the Art Advisory Committee. Present Absent David Porter Raymond Katz Ted Thoburn- Alternate Caren Hackman Garri Katz Sheryl Wood David Miller - Alternate Also present: Staff Liaison Kara Irwin, Planner. Later in the meeting Caren Hackman, Sheryl Wood, and David Miller arrived. Approval of the Minutes Upon motion by Ted Thoburn, seconded by Raymond Katz, carried by vote of 3-0, the minutes of the February 4, 2002 meeting were approved with changes as noted by Chair David Porter. Upon motion by Ted Thoburn, seconded by Raymond Katz, carried by vote of 3-0, The minutes of the March 25, 2002 meeting were approved with changes as noted by Chair David Porter. Recommendations to City Council Temple Beth David The applicant reported the size of the windows and that backlighting for the windows had been added so they could be seen at night from Hood Road. The committee indicated that changes were needed to the landscaping so that it would not obstruct the view of the windows. Senior Planner Kara Irwin advised that the landscape plan was set, but at time of planting if there were any plants that would cause obstruction they could be moved administratively. Installation of the windows was discussed. MOTION: ART ADVISORY COMMITTEE OF THE CITY OF PALM BEACH GARDENS 7/15/02 DRAFT 2 A motion was made to approve the stained glass and the lighting plan. The motion was seconded and carded by unanimous vote. St. Mark’s Episcopal Church School Addition It was noted that the art was the same piece that the Committee had seen previously and that the proposed location at Bums Road and Gardens East Drive would provide good visibility. A member of the Committee commented that they had previously suggested landscaping around the artwork. Staff responded that the applicant planned to add landscaping and also planned to place the art on a base with a little wall around the piece, but no plans had been submitted. MOTION: Caren Hackman made a motion that the applicant shall be required to come before the Art Advisory Committee with plans for landscaping and lighting prior to final approval. The motion was seconded and carried by unanimous vote. PGA Flyover Beautification Ed Oliver, Oliver and Glidden Architects, provided a history of his firm’s involvement in this project. The firm had been requested to provide design ideas by the original committee for the flyover. Mr. Oliver reported that they had produced several concepts to make the flyover look more architectural and less like a bridge. The drawings from Mr. Oliver’s firm were unanimously approved by City Council had now been incorporated into the final plan by the design firm of Reynolds, Smith and Hill. Mr. Oliver reviewed the plans and explained that his f’Lrm had been appointed to overview the work to make sure the plans reflected what the City Council had approved, and to work with the Committee to assure that the proper dimensions for a sculpture base were provided in the location where the art was to be placed before the art was actually cast or formed. Mr. Oliver explained that each light post would have a concrete projection upon which would be a specially designed recessed 8" square medallion, and that he had contacted the Pineapple Grove people in Delray Beach and the cost for such a medallion design would be under $600. Mr. Oliver explained that the contractor would need to know soon what was planned for the indentation and asked that the Committee place this item on their agenda to decide on the design. The Committee indicated they thought that rather than pay a design fee that this should be a catalog item, and suggested King Architectural of Dallas, Texas, makers of ornamental ironwork, and advised that the applicant did not need to return for approval because this was architectural. It was suggested that using different designs rather than repeating only one design would be more interesting. Mr. Oliver indicated that he could provide a time line for the construction so that the Committee would know when the sculpture needed to be installed. A member of the Committee commented that the sculpture should not be placed until DOT had signed off to avoid insurance and contractor problems. The sculpture would belong to the City but the bridge would be DOT’s and they would provide maintenance for the bridge, but anything added by the City would be maintained by the City. Lighting was discussed, including the possibility of lighting the sculpture ART ADVISORY COMMITTEE OF THE CITY OF PALM BEACH GARDENS 7/15/02 3 from below. The possibility of a nationwide call for artists was discussed, or having a design contest and then an RFP. Involving the Palm Beach County Cultural Council was suggested. The process was clarified that there would ultimately be one artist picked from those who responded to the call to artists (which would describe what the City wanted), and that artist would produce the art, provide installation and working drawings. This process could be handled an art consultant, who should be an independent third party. Funding for the art was discussed. The balance in the Art Fund was $580,000+. It was discussed that this would be a 2-year project and the total cost would probably be $50,000 for each piece for a total of $200,000. After paying for the Municipal Complex outside art, this would leave approximately $100,000 in the fund, so there would be some money to pay. an art consultant. Consensus was to begin with the Cultural Council to put out a call to artists, which would not cost anything, and if that did not work out then go with an art consultant. Involving the public to pick a design was discussed. Drawings were provided for the Cultural Council to review and then get back to the Committee to say what else they needed. Alternate David Miller, who had arrived late, announced he would be moving to Atlantis and therefore would not be able to serve on this Committee. MOTION: A motion was made to have David Miller speak to the Cultural Council about working on behalf of the Art Advisory Committee to issue a call to artists, limited to Florida artists, for which the Committee would formulate the concept. The motion was seconded by Sheryl Wood, who had joined the meeting, and unanimously carded. Consensus was that Mr. Miller would contact Kara Irwin after the Cultural Council had responded and a workshop meeting would be scheduled so that the Committee could formulate the call to artists. Mr. Oliver asked for clarification of direction to his firm. The response was that the funding for the medallions would come fi~om the General Fund rather than the art firm since that was architectural and Mr. Oliver was directed to go ahead with that project. The process for the sculpture was clarified that there would be a call to artists by the Cultural Council which would cost nothing, that if there were 100 responses the Committee would narrow those down to 50 using a point system, and probably then to 5, and those 5 would be paid a stipend to build a mockup and produce drawings. From those 5 the Committee would pick the artist they would contract with to do the actual sculpture, and that would all need to be done in the sunshine. Municipal Comple.x Display System A sample of the proposed fabric covering for the lobby wails was presented, along with drawings for the project. The color matched the existing walls, and cherry wood trim would be used. The Art Fund would pay for this because its only purpose was to hang public art. Proposed lighting would reduce the glare presently experienced. Ways to hang heavy pieces without destroying the fabric was discussed. The fabric would be mounted over ¾" plywood. Discussion ensued regarding cost and timing for the work to be done during September when no shows were scheduled. ART ADVISORY COMMITTEE OF THE CITY OF PALM BEACH GARDENS 7/15/02 4 MOTION: A motion was made that at this time a cap of $25,000 be placed on the work to be done in the lobby for fabric covering, wood trim work, and a couple of light fixtures; that the City be authorized to go out for public bids; and that the City’s Art Fund was to pay for the construction work depicted on the two sheets presented to the Committee because the whole purpose of the project was to hang public art work in the lobby space and to make it as interchangeable as possible. Motion was seconded by Sheryl Wood and carried by unanimous vote. Old Business Status on the two artists for the Municipal Complex art was reported. One artist was expected to complete his work and install by October; the other had signed and returned his contract and drawings should be submitted by mid-August. A photo of the first piece for the lobby would be e-mailed to everyone. A new 150-acre City Park to be located out by the tennis facility off of Central Boulevard and the Committee’s desire to be involved in the design process was discussed. MOTION: Chair Porter made a motion to send a formal letter to the Mayor requesting involvement by the Art Advisory Committee from day one to work with any planners or landscape architects for the new City Park. Motion was seconded by Caren Hackman and carded by unanimous vote. New Business City Attendaoce Policy for all Boards and Committees Senior Planner Kara Irwin explained that it was not yet official but was being discussed to automatically remove any member from a Board or Committee who was absent more than four times during a year whether the absences were excused or unexeused. A member of the Committee announced that she was working on placing the art brochure on the City’s website, and explained the proposed layout. It was suggested that when new pieces were added a page could be inserted in the City Line newsletter which would contain a photo and refer the reader to the website. Angela Wong, Project Manager, was introduced and her position with the City was described as being to overview City projects. There was discussion regarding items being stolen from vehicles at the Winn Dixie shopping center located at Northlake and Military Trail. ART ADVISORY COMMITTEE OF THE CITY OF PALM BEACH GARDENS 7/15/02 D A :T Adjournment Motion was made and seconded to adjourn the meeting. Approved: David Porter Caren Hackman Theodore Thobum Cynthia Grey Gard Katz Sheryl Wood Raymond Katz CITY OF PALM BEACH GARDENS MEMORANDUM TO:Mayor and City Council DATE: FROM: SUBJECT: August 1, 2002 Ron Ferris, City Manag Resolution 123, 2002 - Glatting Jackson Kercher Anglin Lopez and Rinehart Continuing Contract City staff is requesting that Consent Agenda Item No. V111.f, Resolution 123, 2002 - Glatting Jackson Kercher Anglin Lopez and Rinehart Continuing Contract for Parks Planning and Design Services, be removed from tonight’s agenda. Please contact me if you have any further questions. Thank you. ART ADVISORY COMMITTEE July 15, 2002 The regular meeting of the Art Advisory Committee of the City of Palm Beach Gardens, Florida, was called to order by Chair David Porter at 5:39 P.M. in the City Council conference room at the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida. Roll Call The roll was called by Senior Planner Kara Irwin, Staff Liaison for the Art Advisory Committee. Present Absent David Porter Raymond Katz Ted Thobum- Alternate Caren Hackman Garri Katz Sheryl Wood David Miller - Alternate Also present: Staff Liaison Kam Irwin, Planner. Later in the meeting Caren Hackman, Sheryl Wood, and David Miller arrived. Approval of the Minutes Upon motion by Ted Thoburn, seconded by Raymond Katz, carried by vote of 3-0, the minutes of the February 4, 2002 meeting were approved with changes as noted by Chair David Porter. Upon motion by Ted Thobum, seconded by Raymond Katz, carried by vote of 3-0, The minutes of the March 25, 2002 meeting were approved with changes as noted by Chair David Porter. Recommendations to City Council Temple Beth David The applicant reported the size of the windows and that backlighting for the windows had been added so they could be seen at night from Hood Road. The committee indicated that changes were needed to the landscaping so that it would not obstruct the view of the windows. Senior Planner Kara Irwin advised that the landscape plan was set, but at time of planting if there were any plants that would cause obstruction they could be moved administratively. Installation of the windows was discussed. MOTION: ART ADVISORY COMMITTEE OF THE CITY OF PALM BEACH GARDENS 7/15/02 A motion was made to approve the stained glass and the lighting plan. The motion was seconded and carded by unanimous vote. St. Mark’s Episcopal Church School Addition It was noted that the art was the same piece that the Committee had seen previously and that the proposed location at Burns Road and Gardens East Drive would provide good visibility. A member of the Committee commented that they had previously suggested landscaping around the .artwork. Staff responded that the applicant planned to add landscaping and also planned to place the art on a base with a little wall around the piece, but no plans had been submitted. MOTION: 0 Caren Hackman made a motion that the applicant shall be required to come before the Art Advisory Committee with plans for landscaping and lighting prior to final approval. The motion was seconded and carried by unanimous vote. PGA Flyover Beautification Ed Oliver, Oliver and Glidden Architects, provided a history of his firm’s involvement in this project. The firm had been requested to provide design ideas by the original committee for the flyover. Mr. Oliver reported that they had produced several concepts to make the flyover look more architectural and less like a bridge. The drawings from Mr. Oliver’s firm were unanimously approved by City Council had now been incorporated into the final plan by the design firm of Reynolds, Smith and Hill. Mr. Oliver reviewed the plans and explained that his firm had been appointed to overview the work to make sure the plans reflected what the City Council had approved, and to work with the Committee to assure that the proper dimensions for a sculpture base were provided in the location where the art was to be placed before the art was actually cast or formed. Mr. Oliver explained that each light post would have a concrete projection upon which would be a specially designed recessed 8" square medallion, and that he had contacted the Pineapple Grove people in Delray Beach and the cost for such a medallion design would be under $600. Mr. Oliver explained that the contractor would need to know soon what was planned for the indentation and asked that the Committee place this item on their agenda to decide on the design. The Committee indicated they thought that rather than pay a design fee that this should be a catalog item, and suggested King Architectural of Dallas, Texas, makers of ornamental ironwork, and advised that the applicant did not need to return for approval because this was architectural. It was suggested that using different designs rather than repeating only one design would be more interesting. Mr. Oliver indicated that he could provide a time line for the construction so that the Committee would know when the sculpture needed to be installed. A member of the Committee commented that the sculpture should not be placed until DOT had signed off to avoid insurance and contractor problems. The sculpture would belong to the City but the bridge would be DOT’s and they would provide maintenance for the bridge, but anything added by the City would be maintained by the City. Lighting was discussed, including the possibility of lighting the sculpture ART ADVISORY COMMITTEE OF THE CITY OF PALM BEACH GARDENS 7/15/02 from below. The possibility of a nationwide call for artists was discussed, or having a design contest and then an RFP. Involving the Palm Beach County Cultural Council was suggested. The process was clarified that there would ultimately be one artist picked from those who responded to the call to artists (which would describe what the City wanted), and that artist would produce the art, provide installation and working drawings. This process could be handled an art consultant, who should be an independent third party. Funding for the art was discussed. The balance in the Art Fund was $580,000+. It was discussed that this would be a 2-year project and the total cost would probably be $50,000 for each piece for a total of $200,000. After paying for the Municipal Complex outside art, this would leave approximately $100,000 in the fund, so there would be some money to pay an art consultant. Consensus was to begin with the Cultural Council to put out a call to artists, which would not cost anything, and if that did not work out then go with an art consultant. Involving the public to pick a design was discussed. Drawings were provided for the Cultural Council to review and then get back to the Committee to say what else they needed. Alternate David Miller, who had arrived late, announced he would be moving to Atlantis and therefore would not be able to serve on this Committee. MOTION: A motion was made to have David Miller speak to the Cultural Council about working on behalf of the Art Advisory Committee to issue a call to artists, limited to Florida artists, for which the Committee would formulate the concept. The motion was seconded by Sheryl Wood, who had joined the meeting, and unanimously carded. Consensus was that Mr. Miller would contact Kara Irwin after the Cultural Council had responded and a workshop meeting would be scheduled so that the Committee could formulate the call to artists. Mr. Oliver asked for clarification of direction to his firm. The response was that the funding for the medallions would come from the General Fund rather than the art firm since that was architectural and Mr. Oliver was directed to go ahead with that project. The process for the sculpture was clarified that there would be a call to artists by the Cultural Council which would cost nothing, that if there were 100 responses the Committee would narrow those down to 50 using a point system, and probably then to 5, and those 5 would be paid a stipend to build a mockup and produce drawings. From those 5 the Committee would pick the artist they would contract with to do the actual sculpture, and that would all need to be done in the sunshine. Municipal Complex Display System A sample of the proposed fabric covering for the lobby walls was presented, along with drawings for the project. The color matched the existing walls, and cherry wood tdrn would be used. The Art Fund would pay for this because its only purpose was to hang public art. Proposed lighting would reduce the glare presently experienced. Ways to hang heavy pieces without destroying the fabric was discussed. The fabric would be mounted over ¾" plywood. Discussion ensued regarding cost and timing for the work to be done during September when no shows were scheduled. ART ADVISORY COMMITTEE OF THE CITY OF PALM BEACH GARDENS 7/15/02 MOTION: A motion was made that at this time a cap of $25,000 be placed on the work-to be done in the lobby for fabric covering, wood trim work, and a couple of light fixtures; that the City be authorized to go out for public bids; and that the City’s Art Fund was to pay for the construction work depicted on the two sheets presented to the Committee because the whole purpose of the project was to hang public art work in the lobby space and to make it as interchangeable as possible. Motion was seconded by Sheryl Wood and carded by unanimous vote. Old Business Status on the two artists for the Municipal Complex art was reported. One artist was expected to complete his work and install by October; the other had signed and returned his contract and drawings should be submitted by mid-August. A photo of the first piece for the lobby would be e-mailed to everyone. A new 150-acre City Park to be located out by the tennis facility off of Central Boulevard and the Committee’s desire to be involved in the design process was discussed. MOTION: Chair Porter made a motion to send a formal letter to the Mayor requesting involvement by the Art Advisory Committee from day one to work with any planners or landscape architects for the new City Park. Motion was seconded by Caren Hackman and carded by unanimous vote. New Business City Attendance Policy for all Boards and Committees Senior Planner Kara Irwin explained that it was not yet official but was being discussed to automatically remove any member from a Board or Committee who was absent more than four times during a year whether the absences were excused or unexcused. A member of the Committee announced that she was working on placing the art brochure on the City’s website, and explained the proposed layout. It was suggested that when new pieces were added a page could be inserted in the City Line newsletter which would contain a photo and refer the reader to the website. Angela Wong, Project Manager, was introduced and her position with the City was described as being to overview City projects. There was discussion regarding items being stolen from vehicles at the Winn Dixie shopping center located at Northlake and Military Trail. ART ADVISORY COMMITTEE OF THE CITY OF PALM BEACH GARDENS 7/15/02 Adjournment Motion was made and seconded to adjourn the meeting. Approved: David Porter Caren Hackman Theodore Thoburn Cynthia Grey Garri Katz Sheryl Wood Raymond Katz Recent Crime Trends ? ~----Grim~e~ Comparisons . Jan to J~n:e..2p01 to 2002 Property Crimes: . o Business burglaries +97%(incrcg~.,~p.f35 offenses) - Construction sites q713~" N~"-~.~ - Hotel rooms +7 , , ~~ "~..~ - Concession stands +4 + ’"~~’~.~’ - Churches +4 - Schools/hospitals +3 - Other businesses +4 ,.-\o Residential burglaries +11% (increase of 12 offenses) o Auto burglaries -3% ~ ¯~ ~ -\ o Auto thefts -43% o Retail thefts -33% Crime..Compadsons Jan to Ju~iv2001 to 2002 Persons Crimes: o Robberies +19% (increase0f3 0~’e.~’~ ~).- " - Armed +/- 0 -By olher force +3 o Assaults -6% o Drug overdose deaths 5 o Calls for service +6% (713 additional calls)- Crime bompadSon Factors~haLControl Crime According to the U.S. Dep~ of ~ustice/ assessing criminalit~ and law eni~.~.~..men, t~s response encompasses many eleme~t~ some l of which, while havmg mgmficant impact are not readily measurable nor app!mable among all locales . " i, Geographic and demographic factors and. \ personpel, resources and the aggressiveness\ of law enforcement agency are. k~ey factors:: Other kn~-v~n-factors that.affect the volume and type of crim~-.:’"--~,+ ’ o Population density and degree ~fx~t~r~zation " o Variations in composition of the popul~,_ n~ particularlY Y°Uth cOncentrati°n o Stability of populatibn with respect to resid~_n~’ mobility, commuting patterns, and Iransient fa~etors o Modes of transportation and highway system o Economic conditions, including median income,\ poverty level, and job availability . o Cultural factors and educational, recreational, and \ religious characteristics Oth~;~-r~6~,n-factorsthat affeci ~he volume and type of cnrne: ~ .... i ,~ . . :,..~ ’ o Family conditions with re~pect io~dt:ce:aiad family’ cohesiveness .’ ~,’~ .’{~ .. ~.o Cl,,ate : . " ’.. ~"’Lo o Ad~tmtive and Sv~ti~e~mphas~ ~ o ~oUd¢~ or o=h=r ~om~.=..~or~= =~ system (i.¢., prosccutodal~ judicia~ ~’~ffecfiSnal, ~d p~bational):. " "~.~ What AreWe Doing About It? Surveillance’Techniques o 39 Undercover surveillance ted fo~ burglaries for . a total of approxtmatLd~vx’~2-3~4 hours o Directed patrols at targeted b[lsiness o Bicycle patrols were used foi~ totai of hours on 18 separate shifts. Innovaii~e~Techniq ues patrol 36 hours onsixoccasions "~ ~ o ~ng perso~el sho~ges, ma~ed ~qliee ve~cles w~e us~ as decoys at strategically lo~tions for a to~l of 426 ho~s ~placed o~r a period 0f71 days. ~ Community ~)riet}ted POliCing P~ojects o All construction Sites have’.bL~:~vigited by., officers who have briefed co..n,,tr ~. ,t ~" on :current crime trends and provided ~vith, cri"n\’~... prevention tips to include sugge~fion~o~AQ. improving their or~-site o Local businesses Were also contacted and\ provided with crime preven~on~tips to include how to prevent victimass~s’ted~erimes ¯ ¯ o Informatmnal flyers d~stnbuted,,tO.Workers O~ Watch (WOW) participants. Drug pverdoses: o We developed a neW pr~)gra.m called "STO~P" Stop Teen Overdose Prog~’am ., - The goal is to educate pharfaaeis’!~arents, ’and children about the law,. signs of add~O n., and ways to prevent drag abuse o Our program led 1~o the Drug Czar forming a rasing.- force to address teen: overdosbs in conjunctiXon with’’~ the Palm Beach County Sheriff’S office o A teen educational pyesentation will be given within the first four week~ of sCliool ,-\ o We have identified lOcalOx}contin dealers, mad~ undercover purchases; ~ade’ bne arrest, and more are expected. 2 Robb_eries ~ Assigned a detective to WOr"~th PBSO°s " robbery unit who is experien,ci.n’~ountY ’, : wide increase in robberies,~ ,,.. . i Detectives have identified’the individual ~, responsible for the robberies in two Publix parking lots. The victims were tmable positively identify him fr6m~ photo line-u~p. Other leads are still being processed. \ Result~,~oLthese E ndeav0rs o 59 arrests madeby det~tiv ~ 9rid uniformed officers: ¯ -20 Burglary Arre~t~ o 8 Burglary Business/PosSession of Tools " ~ 6 conslruetion burglary/trespassing Arre~t,s o 4 school burgla~/tres0a~s ~.~sts -19 auto burglary hr~ests -20 residential bu.rglary arr6st~s ...... Pi~bp 0s_~ Planning, 2003 budget -.’ 11 New Officers: . -Form a proactive tactical 6rim~fitNwith four officers: ,:/~ ,, Will concentrate on probiematic ~.reas: ~a~ch burglaries and robberies as well a~ narcotics investigati°ns" b S~ gned io r~d - Additional officers will e a i patrol duties to assist with personnel ~ \ shortages and increased calls fo,r service resulting from growth. - - Jim Park, the urban planner hired by the Northlake Neighborhood Coalition during 1997, has been following the request by Palm Beach Gardens Christ Fellowship (Petitioner) to the City Palm Beach Gardens regarding the removal of and/or changes to the Conditions of Approval, particularly Ordinance 20, 1997. Given his understanding of good, sound planning practices and principles, Mr. Park doubts the City Council needs to accept any additional seating for the Petitioner’s North Campus as it is in direct conflict with the City’s code stating that worship facilities of more than 1,000 seats be located in non-residential districts of the city. The present zoning limit of 1000 seats already establishes the standard and a larger sanctuary, regardless of whether the site is 20 or 40 acres, is incompatible. Mr. Park stated, "The impact of a single huge church is greater than two different congregations since the hours of operation would likely be the same and the traffic, etc. would be concentrated at the same times." The Petitioner has an approved limit of 1,750 on the North Campus (which the Petitioner stated it knowingly disregards), and a 576 limit on the South Campus. The Petitioner acknowledged simultaneous use of the North and South campuses. This permits traffic from both sides of Northlake Boulevard to exit at the same times. Please note there is no traffic control on the South Campus, and has not been since the C:O. was issued for the North Campus. Please note the Staff’s report language on seating limits for the Petitioner would clearly allow them to leave the moveable seats up at all times and thereby function at the higher limit for every service. Note the language "but not limited to" in staff’s recommendation. --------------------- City of Palm Beach Gardens Council Agenda August 1, 2002 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 . ~w 7:r(f~ yY\-€.e:D~) -~ Qf Jj).N\ ~e.,--.Aj c:; , · tJ 1 · ~ouncil Member Clark Mayor Jablin /Council Member Russo v\lice Mayor Sabatello v: Council Member Delgado CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING August 1, 2002 7:00P.M. /1. PLEDGE OF ALLEGIANCE /II. ROLL CALL /III. ADDITIONS, DELETIONS, MODIFICATIONS: /1v. ANNOUNCEMENTS I PRESENTATIONS: ?;'10 v. tJO ({.tJ.,fbM VI. j: 5"/ VII. a. Police Department Crime Statistics 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 City Clerk prior to this Item) VIII. CONSENT AGENDA: fa.Ps...u S-O a. Consideration of approving Minutes from the July 11, 2002 Regular City Council Meeting. b. Consideration of approving Minutes from the July 18, 2002 Regular City Council Meeting. c. Resolution 99, 2002 -Habitat for Humanity. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Certifying that the programs of the Lighthouse Habitat for Humanity, Inc. for the construction of housing for low income persons is consistent with the City d. e. g. h. l. J. k. l. of Palm Beach Gardens comprehensive plan and land development regulations; and providing for an effective date. Resolution 118, 2002-Award of Fire Suppression Contract-4 locations. Consideration of accepting a proposal submitted by Suncoast Fire and Safety Equipment, Inc. and authorizing the Mayor and City Clerk to execute an agreement with Absolute Irrigation Services. Resolution 120, 2002-Mirasol PCD SW Maintenance/Storage Facility. Consideration for the approval of a site plan to allow for construction of a Golf Maintenance Facility, Outdoor Recreational Vehicle and Watercraft Storage Area, and two Temporary Trailers to be used as Administrative Offices for the Honda Classic Golf Tournament, located within the Mirasol Planned Community District (PCD). Resolution 123, 2002 -Consultant Agreement. Consideration of approving Continuing Parks Planning and Design Services Agreement with Glatting, Jackson, Kerchner, Anglin, Lopez, Rinehart, Inc. Resolution 125, 2002-Amendment Number 2 to LBFH, Inc. Agreement. Consideration of approving Amendment Number 2 to Work Order 2002- 003 with LBFH, Inc. for architectural and engineering services related to the planning and design of Westminster Park and Bums Road Community Center. Resolution 126, 2002-Consideration for authorizing the allocation of Art in Public Places Fees for architectural consultant services relating to the PGA Flyover Project. Resolution 127, 2002 -Emergency Services Agreement for Mutual Assistance and Automatic Aid. Consideration for approval of an Emergency Services Agreement for Mutual Assistance and Automatic Aid between Palm Beach County and the City of Palm Beach Gardens. Resolution 128, 2002 -Evergrene P.C.D-Plat Three (AKA Parcel 4A) Plat. Consideration for approving the Evergrene P.C.D-Plat Three Plat. Resolution 129, 2002-Interlocal Agreement with Solid Waste Authority. Consideration of approving an interlocal agreement with The Solid Waste Authority for the delivery of municipal solid waste to a designated facility and authorizing the Mayor and City Clerk to execute same. Resolution 130, 2002 -Appointment of members to the Beautification and Environmental Committee. Consideration of appointing two (2) members to the Beautification and Environmental Committee. IX. X. oroL~.e ;2_r-,.:f-vi>J... PUBLIC HEARINGS: {6JY..e5-S-O a. b. Ordinance 25, 2002 -Village Square Professional Park Phase II Covered Parking (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from PF Park, LTD., for an amendment to the Village Square Professional Park Planned Unit Development, Phase II, to allow for seven (7) covered parking spaces over existing parking lot to be located on the west side of building #700, said PUD being located at the southwest comer of RCA Boulevard and Prosperity Farms Road, as more particularly described herein. ~~A-Cv-c e.. st. a-vo~ ~-'e.; -s-o Ordinance 31, 2002 -Proposed Annexation of Garden Oaks, Mary Circle, &Sunset Drive (First Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, annexing into the City an area of contiguous, compact, unincorporated real property more particularly described herein and commonly known as "Garden Oaks, Mary Circle and Sunset Drive;" providing for redefinition of the City's corporate boundaries; providing for referendum election; providing for advertising; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTIONS: fa.PU--J j · 0 a. Resolution 121, 2002-Interlocal Agreement Between City & Lake Park (Joint Development Review). Consideration of adopting an Interlocal Agreement for Joint Development Review with the Town of Lake Park regarding a parcel of land located at the southwest comer of Northlake Blvd. And Congress Avenue, as more particularly described herein. XI. ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: 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. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: ~--~/~ ~) Address:~ City: 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 Print Name: COMMENTS FROM THE PUBLIC Request to Address City Council 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 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. Please Print Name: Address: City: Subject: COMMENTS FROM THE PUBLIC Request to Address City Council 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 Eric Jablin to 626-4243 at 7/25/01 12:29 PM Pg 002/004 BOOSE CAS~Y CIKLIH LUBITZ MAITEN$ t~IcB,~IE & O’CONNELL ORIZC-OOIY B. KIMOo CH~’~LES A. LUS~-Z. P.A~ +Febma~ 9, 2001 VIA HAND DELIVERY Ronsld M. Fen~ City Manager City of Palm Beach Gardens " !0500 No. Milt~m’y Trail " Palm Beach Gardens, Florida 33410 Re: " Christ Fellowship Churck~eligious Land Us+ Issues ~ Ron:+ Congratul~.fions"on your being named City MmnmSe+. As perhaps you have leamod during your interim period, l repre~-~t Cbri~ Fellowship C~ and have boe~ doing so from the time of the approval of their new North ~mpus facility. The Church’s approval and subsoclue~t applications dealing with both their.0riginal South Campus and their North Campus have been hishly scrutinized by both th~ Church’s neighbors and the C?ity~ and werepolitically clurged and highly coam~versiaL In the ead, lhe new North Campus was approved and has d~v¢log~l to exci~ all Fomises and eal~a~i~’om, and the. South Campus is now in full c, omplian~ with.the City’s requ’a-enguts. The Climch and its membem ar~ troubledwith some of the conditionswhich were ~ on th¢ approvals and theIaapos¢ of this letter is to r~luest that ¢hcy be reviewed with the City A~oraey to ascertain ~heir legaIiW. Most of these conditions were adopted without the City’s imowledge of Omgress~s ~na~,nent of the ReligiouslY- and Imtitutionalized Persons A~t of 2000 and I thi,l( that if tlg Cit~ hacLthci)enefi~t~ofthe-~cl~’s-~ ft~pirem~n.ts at the time of adopti(m, th~se .coad/tions Would not have beea attached to.the Chmch’s approvaL L believe that these conditions excessively burden the Churoh’s. al/ilit~ to carry out its religious Rmetton. Also, sev6,ral of these conditions have been placed on Cl~st Fellowship but o11 no Other religious institutiol~s’_m Ihe City or, for that matter, no otlgr apl)mvals The issues of concern and our rationale a~ as follows: 1.No shuttle service.: In earlY 2000, a petition was fi1~ relating to the $0 ~uth Campas of Christ Fellowship. The l~ition was to extend the date forcomplian~e with certci.’n conditions by approximately 120 days. The conditions related to c,~tain site improvcme, nts. During the public hearing, a From Eric Jablin to 626-4243 at 7/25/01 12:29 Ronald M. Fexris Fcbrua~ 9, 2001 Page Two discussion about the Church’s use of shuttle vans from one campus to the other ensued. A police depar~ent representativegave a report discussing shuttle service in a positive vein. The result was a condition attached to the ~ame extension of no shuttle service. The use of shuttle service is a well n:cognized means of reducing lraffi~. For example, instead of eight people getting in their car and going from point A to.point B,.~me shuttle .van caa be used, thereby eliminating seven vehicular trips. It is .of paifieular benefit to older and. inexperienced drivers. None of the other religious insfi~tions in Palm.Beach Gardens have a s~milar re~icfi~ nor do any other uses of an]," kind. This condition makes the roadways less safe for Chureh members and the general public. 2..The Chut~ is prohibited from adding seats for religious holidays and spe~,ial events. Thv petition for the North Campus ac.zording to the City staff report n~ or exvcvdvd all City Code rc~lulr~acmts. Parking provided w~ double the City’s r~qttltemont~ (one space/two ~. one spaceYfour se~ required by the City Code). County Traffic Performance S~mdards were all met; yet~ there was a reduction in the number of sea~s from. 2500 t~ 1750. However, the real problem is.that thl¢ number cannot be exceeded by tL~glg "movable" ~ .~o that the Church can only accommodate overflow attendance at Easter, Cluistmas, and special, events by requiting Church members to stand. The limitation on seats has no relation to occupancy and the Church’s legal capacity far exceedsthe nmnber of seats permitted, The prohibition against movable seats interferes with the Church’s abili~ to conduct we .~dp sewices for its members and conversely interferes with the Church members’ ability to worship. The Church has already added additional services and they do not adcq--teiy accommodate mem~ ncod~. To the beat of my knowledge, no other religious institution in the City is prohibited fi~m using temporary seating and most, if not all, do not have restricJions on the number of permanent seats. The legal standard for the numbe~ of seats should, be based on the number of parking spaces, meeting Traffic Performance Standar~ andovcupaacy requk~men~. 3. No simultaneous broadc~s allowed. The Church is prohibited from simultaaeotedy broadcasting from the South Campus which compounds the problem; even though both the South and North Church Campuses meet or exceed pm4dng requirement~ and individually and curnulatively meet Traffic Performance Standard requirements.. As you may know,..City Police are on duty fat all services directing traffic. This restrivfion lessens the ability ~f the Church to perform its function. To my knowledge, no 0thor religious institution in the C4~y has such aprohibition. 4. Limitation on Special Events. Although the Church has adheredto the condition attached to Ore North Campus approval limiting them to regularly scheduled services, including services on ~ Day and Easter Day and S’LX additional events pet year, this condition cleafl~y "imposes a substantial burden on the religious exercise of a person including a religious as.s~ntbly m- iastitution" as is prohibited 003-/004 From Eric Jablin to 626-4243 at 7/25/01 12:29 PM Pg 004/004 P,.onald M. Fords February 9, 2001 Page Three by the Religious Freedom Act. As far as I know, no other religious institution has such a !i~i_tation on the use of flaeir place of worship. As is the case with the othe~ conditions referenced, il is unrelated to any provision m the City;s Code. The U.S. S~tt: and Hour~e of ~tatives adopted the "R¢ligious Land Use and Institutionalized Persons Act of 2000" to InBvcot the imposition of the~ types of burdc, ns on ~eligious institutions. When reviewing the Act, please keep in mind that all of these conditions are individualized for Christ Fellowship. Also, the conditions do not relate to City. Code requit~-m, ents and unreasonably fimit Christ Fellowship"s ability to hold religious assemblies to acc, om._mod_ _ ~e its membegs. We would ask that you review the foregoing and that if you agree, that the Ci~ immediately initiate approprla~ modifications or eFuninalion of the offending conditions. 1 also want t~ assure you in.closing that I believe C-i~risl Fellowship is a very positive addition to the City. Their goal is to enhance the quality, of life of their members and all the re~d~ata of Palm Beach Gardens. Thank you for your consideration of the fon~oing. Of course, my client and I are more than willin~ to meet w~th you to dise.~g these is~e~. AJC/nc Pastor Tom Muilens Joe Kyan, Exec. AdmintSuator Leonard Rubtn, City/~ttomey (Via Hand Delivery) Ta lor Woodrow Communities ' at Lirasol, LTD 1 1300 Mirasol Boulevard Palm Beach Gardens, FL 3341 8 'Mirasol Site Plan (561) 622-1 730 S.W. Maintenance/ Storage Area Sanders Planning Group, p.a. 2425 E. Commercial Blvd., #407 Ft. Lauderdale, FL 33308 (954) 491 -8890 * 3 I v, c !! " I I I I I1 r $2 F P 0 0 I- I -I 70 m m P z Z GI 5 i 'I m L I t- I I I I I I I i7 rn 33 I I I I I I I I I I I I I I I. I I I I- I I I J , I )I 9' 3 -' K- 30 PALM BEACH GARDENS, FLoRlDA TAYLOR COMMUNES t w* I m . f 7 0 D I' m m a I- 4 7 t t -1 1 F Fl B a VI -4 m -i 7 1 n 0 %, 6 XI W 7 I Mirasol S.W. Maintenance Facility Palm Beach Gardens, Florida Butler Building Systems by R.K. Davis Construction