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HomeMy WebLinkAboutAgenda Council Agenda 090704 Revised City of Palm Beach Gardens Council Agenda Revised September 7, 2004 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Jablin Council Member Delgado Vice Mayor Russo Council Member Levy CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING September 7, 2004 7:30 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: V. ITEMS OF RESIDENT INTEREST: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 5)_Approve Minutes from August 5, 2004 regular City Council meeting. b. (Page 15)_Approve Minutes from August 16, 2004 Joint City Council meeting with the Town of Lake Park. c. (Page 18)_Approve Minutes from August 18, 2004 Special Meeting. d. (Staff Report on Page 22, Resolution on Page 24)_Resolution 166, 2004 -- Approve a renewal agreement with Glatting Jackson Kircher Anglin Lopez Rinehart, Inc. to provide Professional Park Planning and Design Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a renewal and amendment to an agreement for professional park planning and design services between the City of Palm Beach Gardens and Glatting Jackson Kircher Anglin Lopez Rinehart, Inc.; and providing an effective date. e. (Staff Report on Page 45, Resolution on Page 47)_Resolution 177, 2004 – Approve a Work Authorization and Notice to Proceed to Murray Logan Construction, Inc., A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a work authorization and notice to proceed to Murray Logan Construction, Inc. based on its existing annual public works contract dated May 6, 2004, for the restoration of the Thompson River Canal, from Vision Drive to Hickory Drive, City Project No. 2003-007/Sotrm-Water System Improvements, Phase III; and providing an effective date. IX. PUBLIC HEARINGS: Part I – Quasi a. Ordinance 35, 2004 - (1st reading) The Sanctuary PBG HOA, Inc. Lake Access Tract. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 22, 1993 relating to the Sanctuary Planned Unit Development (PUD) to transfer the master plan approval and related conditions to a separate Resolution; and providing an effective date. Resolution 176, 2004 is a companion item to Ordinance 35, 2004 and will require Council action only on second reading. Resolution 176, 2004 - The Sanctuary PBG HOA, Inc. Lake Access Tract. A Resolution of the City Council of the City of Palm beach Gardens, Florida approving an amendment to the Sanctuary Planned Unit Development (PUD) located on the North side of Hood Road approximately 1,500 feet West of Prosperity Farms Road, as more particularly described herein; providing for conditions of approval; and providing an effective date. Part II – Non-Quasi a. (Staff Report on Page 109, Ordinance on Page 115)_Ordinance 33, 2004 – (2nd reading and adoption) Amendment to the budget for Fiscal Year beginning October 1, 2003 to September 30, 2004. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens’ budget for the fiscal year beginning October 1, 2003, and ending September 30, 2004, inclusive; and providing an effective date. b. (Staff Report on Page 117, Ordinance on Page 123)_Ordinance 34, 2004 – (2nd reading and adoption) An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to compensation of Council Members; creating a new Section 2-36, Code of Ordinances to be entitled “Compensation of Mayor and Council”; providing for codification; and providing an effective date. c. (Staff Report on Page 126, Ordinance on Page 128)_Ordinance 37, 2004 – Budget for Fiscal Year 2004/2005. (1st reading) An Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting a budget for the City of Palm Beach Gardens for the Fiscal Year commencing October 1, 2004, and ending September 30, 2005; and providing an effective date. d. (Staff Report on Page 130, Resolution on Page 134)_Resolution 186, 2004 – Economic Development Element. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the transmittal of a new Economic Development Element of the City of Palm Beach Gardens Comprehensive Plan; and providing an effective date. X. RESOLUTIONS: a. (Staff Report on Page 162, Resolution on Page 164)_Resolution 171, 2004 – Agreement for Professional Engineering and Surveying Services between the City of Palm Beach Gardens and LBFH, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement for professional engineering and surveying services between the City of Palm Beach Gardens and LBFH, Inc.; and providing an effective date. XI. ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to participate in this proceeding should contact 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) 955-8770 (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. NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING August 5,2004 The August 5,2004 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:14 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. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Councilmember Delgado, and Councilmember Levy. Vice Mayor Russo was absent from the meeting. ADDITIONS, MODIFICATIONS AND DELETIONS: Mayor Jablin reported there were no additions or deletions. Modification was requested of Resolution 92,2004 for Borland Center Master Site Plan Approval, to make two changes to Condition 40, a copy of which had been provided to each Councilmember and which would be explained as part of the staff presentation. Mayor Jablin requested one other modification, which was to move the discussion with the county representatives of Resolution 168,2004 to the beginning of the agenda under Presentations. Councilmember Delgado made a motion to approve the modifications as presented. Councilmember Levy seconded the motion, which carried by unanimous 3-0 vote. ANNOUNCEMENTS / PRESENTATIONS: Parks and Recreation FRDAP Grant Check presented bv Senator Atwater and Representative Carl Domino - Charlotte Presensky, Community Services, introduced Senator Atwater’s aide Megan McCrede, Representative Carl Domino, and his aide, Sherry Healey, who were in attendance to present the grant check. Representative Domino made a presentation and presented the check in the amount of $200,000, to be used for a new park. Discussion on the Referendum regarding Half Cent Sales Tax by the School Board of Palm Beach County - Wayne Gent, Assistant Superintendent of Schools for Palm Beach County, made a presentation. The proposed sales tax increase would be in effect for six years and would provide $140 million in new projects within the City of Palm Beach Gardens. An oversight committee would monitor disbursement of project funds. The President of Northern Palm Beach County Chamber of Commerce, representing the Business Education Coalition, spoke in support of the proposed referendum. Each member of the Council also spoke in support of the proposed referendum. Resolution 168,2004 - County representatives reported the county had looked at five sites for the Scripps bioscience community. The Brigger tract within the City was one of the sites under consideration, and the findings of a study of that tract were presented for 8 million square feet, including building height, floor area ratio, not to have roadway connection between the two pieces of land, environmental preserve requirements, workforce housing, town center and retail, and amenities. Traffic Engineer Dan Weisberg reported proposed traffic plans for the tract. ITEMS OF RESIDENT INTEREST Councilmember Levy reported he and his family had been part of a research group who searched for fossils in Montana, and donated a fossil of a dinosaur egg to South Florida Science Museum. Jim Rawlings, Director of the museum, accepted the donation and thanked Councilmember Levy. Councilmember Delgado reported an upcoming special election citywide candidate forum to be conducted at Palm Beach Community College on August 16 CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/5/04 2 from 6 to 8 p.m. and urged all residents to attend. Mayor Jablin reported at the last meeting Roger Blangy had spoken about several letters he had sent the City Council, and staff had met with Mr. Blangy to address his concerns. The Mayor reported that a press conference had been held at City Hall by Congressman Clay Shaw regarding getting a temporary visa for Helene Jensen to return from Denmark, where she had been sent by immigration authorities. COMMENTS FROM THE PUBLIC Mayor Jablin invited anyone running for office to introduce themselves. The following candidates spoke: Harvey Goldberg running for Port of Palm Beach Group 3; Jefferson Vaughn announced that his father-in-law, George Mastics, was running for his third term on the Port Commission Group 2; Barry Present running for City Council; Clay Harrow running for City Council; Hal Valache running for City Council, Jody Barnett running for City Council, Tim Frohling running for City Council, and Bert Premuroso running for City Council. Tom Sosey thanked Councilmember Levy for coming to a meeting at Bent Tree, and suggested the City Council place their request for a raise on a referendum. Richard Orman requested the budget show how the $4.5 million in increased ad valorem revenue was being spent, and asked the dates of the budget hearings, to which the response was September 7 and September 21. Dr. Orman announced the PGA Residents Coalition was having a candidate forum on August 14 in the Woodland Lakes Clubhouse. The Mayor announced that Hometown News was also sponsoring a candidate forum on August 28 at PGA National Resort. Tory Buckley was thanked by Mayor Jablin for his recreation work for the City. Mr. Buckley noted he had been involved with the City’s recreation department for the past ten years, and that the professionalism from the City Council over the past three or so years had been great, and the City Manager had assembled a staff that was tremendous to work with, and asked that the City Manager’s contract be extended. CONSENT AGENDA Mayor Jablin requested item (e) be pulled. Councilmember Levy made a motion to approve the Consent Agenda with the exception of item (e). Councilmember Delgado seconded the motion, which carried by unanimous 3-0 vote. The following items were approved on the consent agenda: a. b. c. Approve Minutes from June 17,2004 regular City Council meeting. Approve Minutes from July 1,2004 regular City Council meeting. Resolution 137,2004 - Support for Referendum regarding Half Cent Sales Tax by the School Board of Palm Beach County. A Resolution of the City Council of the City of Palm Beach Gardens, Palm Beach County, Florida, supporting a referendum to be held on November 2,2004, for the levy of a discretionary half-cent sales tax by the School Board of Palm Beach County for the purpose of financing a comprehensive plan to construct and renovate public schools countywide; and providing an effective date. Resolution 146, 2004 - Authorizing the execution of FRDAP Grant. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a project agreement with the Florida Department of Environmental Protection for the development of the Sand Hill Crane Access Park; and providing an effective date. Proclamation - Welcoming Helene Jensen back to the United States and the City of Palm Beach Gardens. Item (e): Mayor Jablin read aloud the Proclamation in memory of William Brant, former City d. f CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/5/04 3 Attorney, and announced that a paver would be placed in the plaza in his honor. PUBLIC HEARINGS: Part I - Non-Ouasi-iudicial Ordinance 18. 2004 - LDR Text Amendment - PGA Overlay Uses (2nd reading)- An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the PGA Boulevard Corridor Overlay; amending Section 78-22 1, Code of Ordinances, entitled “PGA Boulevard Corridor Overlay” relating to permitted, conditional and prohibited uses within the overlay; providing for codification; and providing an effective date. The City Clerk read Ordinance 18, 2004 by title only on second reading. Senior Planner Michael Sanchez presented changes to the staff report since first reading, including an amendment to the ordinance which would add to the waiver section the City shall not grant any waiver for intensity which would allow a theater in excess of 500 seats. Mayor Jablin declared the public hearing open. Michael Morrell, an attorney representing the PGA Residents Coalition, the three neighborhoods surrounding the Borland project, as well as 17 individuals, thanked staff for working with them, and encouraged the City Council to pass the ordinance and this amendment. Dodi Glas, Urban Design Studio spoke about the list of permitted uses and requested arts, hobbies, and crafts be added as an additional use. Mr. Wu indicated staff did not consider it an appropriate use for the PGA Corridor. Discussion ensued. Consensus of the City Council was not to add this use at this time since there was an appeals process through the Planning, Zoning and Appeals Board by which it could be added at a more appropriate time. Councilmember Levy made a motion to approve the amendment to Ordinance 18,2004 as read into the record by Mr. Sanchez. Councilmember Delgado seconded the motion, which carried by unanimous 3-0 vote. Councilmember Delgado made a motion to adopt Ordinance 18,2004 on second reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 3-0 vote. Ordinance 28, 2004 - Satellite Universities in the Professional Office Zoning District (lst reading). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to Satellite Colleges or Universities; amending Section 78-75 1, Code of Ordinances entitled “Definitions” to include Satellite College or University; amending Section 78- 159, Code of Ordinances entitled “Permitted Uses, Conditional, and Prohibited Uses” to allow Satellite Colleges or Universities to be located within the Professional Office (PO), General Commercial 1 (CGZ), General Commercial 2 (CG2), Research and Light Industrial (Ml), Light Industrial (MI A), and Public or Institutional (P/I) Zoning Districts as a Conditional Use; providing for codification; and providing an effective date. The City Clerk read Ordinance 28,2004 by title only on first reading. . Mayor Jablin declared the public hearing open. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Delgado made a motion to place Ordinance 28,2004 on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 3-0 vote. Ordinance 20, 2004 - Amendment to Chapter 6 - Code of Ordinances - Alcoholic Beverapes”. (2nd reading) An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to alcoholic beverages; amending Section 6-1, Code of Ordinances, entitled “Definitions;” amending Section 6-2, Code of Ordinances, entitled “Hours of Sale;” repealing Section 6-4, Code of Ordinances, entitled “Distance Limitations Between Vendors, Churches, and Schools,: in its entirety; creating a new Section 6-4, Code of Ordinances, to be CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/5/04 4 entitled “Distance Limitations Between Vendors, Places of Worship, and Schools;” repealing Section 6-5, Code of Ordinances, entitled “Hotels, Motels, Restaurants, etc.,“ in its entirety; creating a new Section 6-5, Code of Ordinances, to be entitled “Exceptions to Distance Limitations Between Vendors;” repealing Section 6-6, Code of Ordinances, entitled “Food Stores Selling Malt Beverages and Wine,” in its entirety; creating a new Section 6-6, Code of Ordinances, to be entitled “Vendors of Malt and Wine Beverages for Consumption Off Premises Only; “ providing for Codification; and providing an effective date. The City Clerk read Ordinance 20,2004 on second reading. Senior Planner Michael Sanchez explained this ordinance was the same as presented at first reading, and at first reading City Council had requested staff analyze what would happen if the distance between vendors remained at 750 feet, the current requirement, instead of 500 feet, the proposed change, and exempting restaurants, veteran organizations, hotels, as currently exempted, and adding the exemption of theaters. Mr. Sanchez explained this would affect three current projects. In Downtown at the Gardens, any restaurant would be allowed to serve alcohol, the theater would be allowed to serve alcohol, nightclubs, bars and lounges would have to be now 750 feet apart instead of 500 feet, and liquor stores would not be permitted in the project. In Donald Ross Village, restaurants and hotels would be allowed to serve alcohol, liquor stores would have to be 750 feet apart, and nightclubs, lounges and bars would not be permitted. In the Borland Center restaurants and hotels and the theater would be allowed to serve alcohol, liquor stores would have to be 750 feet apart, and nightclubs, lounges and bars would not be permitted. Mr. Sanchez clarified that the ordinance as presented was not changed from first reading, and would essentially be the same except the distance requirement would be different. Mayor Jablin declared the public hearing open. Resident Vito DeFrancesco spoke against the change in distance, commented the Borland Center church was also to be used as a theater and asked how alcohol could be allowed there, and expressed his opinion this was being done to enhance profits for developers. Robert Davis, 1 18 Orchid Cay, BallenIsles, indicated he agreed with Mr. DeFrancesco to some extent and asked how it could be allowed in the Borland Center if there was a church, school and restaurants only 50 feet apart, and it should be all or none. Mayor Jablin indicated that was what the Council was trying to do, to be equally fair. Councilmember Delgado clarified that this amendment had not been initiated by the Borland Center. Councilmember Levy commented a lot of churches and synagogues served wine as part of their religion so he did not see the point of banning it from the area of a church when the church might be serving wine itself. Councilmember Delgado received clarification that the theater at Downtown at the Gardens was not being used as a church. Julia Byrd, Daffodil Circle, commented movie theaters at Promenade and Loehmann’s were not allowed to serve liquor and why should the door be opened to do so. It was clarified by the City Attorney that serving liquor was currently allowed in the theaters but none had requested a liquor license from the state, and the City had no jurisdiction over the state. That was not being changed, and this ordinance was just distances between establishments. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Levy indicated he had spoken to the City Attorney regarding the fact that some churches served wine, and the way the ordinance was currently written he believed it could be interpreted as being illegal within the City, so he would vote in favor of the ordinance. Mayor Jablin reported he had spoken to two rabbis, a priest, and a couple of ministers, and none had a problem with the ordinance and were puzzled as to why there should be any concern. Councilmember Levy made a motion to approve Ordnance 20,2004 CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/5/04 5 on second reading by title only. Councilmember Delgado asked what would happen if she did not second, since only three members were present, to which Mayor Jablin responded the gavel could be passed so that he could make the second. Councilmember Delgado declined to second. The gavel was passed to Councilmember Levy and Mayor Jablin seconded the motion. The motion carried by 2-1 vote, with Councilmember Delgado opposed. Councilmember Delgado requested a recess. Following the 5-minute recess the meeting was reconvened. Part I1 - Ouasi-iudicial Ordinance 13. 2004 -Borland Center for Community Enrichment (2nd reading). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to rezoning; providing for the rezoning of a parcel of land consisting of 47 acres, more or less, located along the North side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as described more particularly herein, from Planned Development area (PDA) to a Mixed Use Planned Unit Development (MXD PUD) overlay with an underlying zoning of mixed use (MXD) to be known as the Palm Beach Community Church/Borland Center PUD; revising the zoning district map; and providing an effective date. (Resolution 92,2004 is a companion item to Ordinance 13,2004 and will require Council action.) Resolution 92,2004 - Borland Center for Community Enrichment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a waiver of the residential requirement within a mixed use project to allow for a mixed use Planned Unit Development (PUD) utilizing non-residential mixed use intensities and measures; approving the master development plan for the approximately 47-acre property, known as the Borland Center/Palm Beach Community Church (a.k.a. Parcel 6.01A), located along the North side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as described more particularly herein, to allow the development of 64,533 square feet for a cultural center and church facilities (500-seat small theatedchurch facility with accessory uses and 300-seat banquet hall), 64,025 square feet for retail/commercial use, 19,950 square feet for restaurant use, 10,900 square feet for professional office use, and 225 multi-family units; granting conditional use approval for a 500-seat small theater use/church and 300-seat banquet facility; providing for waivers; providing for conditions of approval; and providing an effective date. The City Clerk read Ordinance 13,2004 by title only on second reading and Resolution 92, 2004 by title only. Councilmember Levy disclosed he had had none, and Mayor Jablin disclosed he had had none. Senior Planner Kara Irwin made the staff presentation and indicated the staff report was a collaboration by staff members, including Charles Wu and Tala1 Benothman, and that the entire project file had been placed into the record and was available for public view at any time within the hours of operation 8 to 5 Monday through Friday. In response to Councilmember Levy's concern that the preserve on- site might not be large enough to accommodate wildlife, the City Forester indicated the City was satisfied with the amount of preserve on site because of mitigation off-site. Attorney Ray Royce spoke on behalf of the applicant, and asked for clarification of condition 26. City Engineer Dan Clark and Ms. Irwin clarified that before anything else could be built on site, an analysis of the traffic generated from what was already built would be required, and if there were trips left between that number and the amount of trips approved through the concurrency, those trips would still be available for use. It was agreed that the existing language for condition 26 would remain. Ms. Irwin confirmed that the City would provide a CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/5/04 6 letter stating the intent of this condition. Attorney Royce asked for clarification of condition 3 1. Ms. Irwin responded this was a request for a traffic light before it was warranted, and the City would request the permits, and it would be a flashing light until warranted. Mr. Royce asked for clarification of condition 41, and asked that if the City received $250,000 as a result of a sale of the property containing a conservation easement that the City release the conservation easement. Following discussion, Mr. Royce requested this application be moved forward. Mayor Jablin announced that this was a continuation of a public hearing that had been open since July 15 and called for comments fkom the public. Vito DeFrancesco advised he had provided a handout of the City’s law regarding what could and could not be built in residential and non-residential MXD zoning districts and stated the proposed waiver was against the comprehensive plan. Mr. DeFrancesco took issue that the applicant was not mitigating 25% upland preserve as required by the comprehensive plan. Mr. DeFrancesco expressed his opinion the comprehensive plan was not being followed for land use by placing residential with commercial. Robert Stimac, Shady Lakes, commented the City Council seemed not to be able to vote no on any project that increased traffic density on the roads and commended Mr. DeFrancesco for his efforts regarding this project. Mr. Stimac stated he was named in the agreement between the homeowners associations and the Borland Center but did not sign it and reserved the right to object to the project, and expressed his concerns. Mr. Stimac asked how residential property could be placed in a non-residential MXD, which Ms. Irwin explained. Judy Steinbauer, Community Association Manager representing Garden Lakes Community Association, expressed concern the final plans showed a wall between their property and Borland Center and reported they and the applicant had reached agreement to have a fence instead of a wall with landscape vegetation between the two parcels. Ms. Irwin reported the most recent plan showed a fence. Richard Oman, 4203 Oak Street, representing PGA Corridor Residents Coalition, received clarification that the 500-seat theater and 500-seat church were the same building, and confirmed with the applicant that Borland accepted and was subject to the new PGA Corridor Overlay amendments. Mr. Royce asked those in support of this application to stand, rather than to speak in order to save time, which was done. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Levy expressed concern regarding the on-site wildlife corridor, but indicated it was not being voted on now. Councilmember Levy made a motion to place Ordinance 13,2004 on second reading by title only and to approve Ordinance 13, 2004. Councilmember Delgado seconded the motion. The City Attorney verified that this application was consistent with the comprehensive plan. Motion carried by unanimous 3-0 vote. Mayor Jablin indicated that the presentation had already been made for Resolution 92, 2004 and called for comments. Attorney Royce clarified that in addition to the 80’ buffer, the applicant was providing an additional 20’ buffer and landscaping on the other side of Shady Lakes and landscaping in the median, which should accommodate small wildlife. Mr. DeFrancesco requested to cross examine Ms. Irwin and read statements fkom the staff report, asking if what he had read was true. Ms. Irwin responded Mr. DeFrancesco was reading definitions, and what was in her staff report was true to the best of her knowledge. Mr. DeFrancesco asked why Shady Lakes was omitted when talking about adjacent developments. Ms. Irwin explained Shady Lakes was directly adjacent to a portion of the project that would not be developed, and had not been omitted. Attorney Tatum interrupted to explain that cross examination consisted of questions regarding testimony that had been made and was not an opportunity to someone else offering further statement into the record; CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/5/04 7 and Mr. DeFrancesco was free to ask questions about Ms. Irwin’s testimony but must ask in the form of a question and give her time to respond. Mr. DeFrancesco stated the surrounding built environment of the subject site infill parcel is 65.8% residential, and asked if that number was correct and how it had been determined. Ms. Irwin responded it was correct and had been determined in linear feet of the perimeter of the site and that Shady Lakes was included in that number. Mr. DeFrancesco stated in statement prior, the residential developments directly adjacent to the subject site are Garden Lakes and Gardens of Woodberry and why was Shady Lakes not included in that one. Ms. Irwin stated it was included in her evaluation. Mr. DeFrancesco stated the subject site has been designated as to provide a roadway link from Shady Lakes Drive to Garden Lakes Boulevard, which provides these residential developments access without having to access PGA Boulevard as currently required. These roadway links provide for horizontal integration. Are these, in fact, roadway links? Ms. Irwin responded these are internal roadways to the development; they link, or give the ability to travel from Shady Lakes Drive through the development to the Garden Square Shoppes and to Garden Lakes Boulevard and that was the link she was talking about. Mr. DeFrancesco asked if this was the standard type link provided to give access between two points. Ms. Irwin explained the developer was providing the link through the development and this was not a City roadway. Mr. DeFrancesco asked if this roadway could then be considered for horizontal integration if it was not a City roadway. Ms. Irwin explained it was a link but not a City roadway. Mr. DeFrancesco indicated this roadway had four 90-degree bends, seven stop signs, various openings for parking lots, and asked if that was considered a viable roadway to satisfy horizontal integration. Ms. Irwin responded the project as designed promoted integration between the adjacent sites, and since the development did not contain City roadways she did not understand his question as it related to the staff report. Mr. DeFrancesco stated he did not understand how this link could possibly be considered horizontal integration when it was so convoluted. Attorney Royce objected that Mr. DeFrancesco was being argumentative by asking the same question over and over. Mayor Jablin asked Mr. DeFrancesco to move on to the next question. Mr. DeFrancesco reported a table in the staff report contained acreages and showed 47.1 1 acres while a similar document presented tonight showed 38.94 acres; and asked if the omitted portion was commercial or open space. Mr. Irwin’s response was the table in the staff report was correct, and the portion was open space. Mr. DeFrancesco referred to the environmental assessment requiring 25% on-site mitigation or 2.37 acres; and asked where in the staff report it referred to wetlands. Ms. Irwin responded wetlands were not in the report but were handled by a separate agency that reviewed wetlands for the site. Mr. DeFrancesco asked how the mitigation was being handled and if there would be buildings where there were wetlands. City Attorney Tatum reminded Mr. DeFrancesco his questions must be limited to Ms. Irwin’s testimony or what was in her report and she had just testified it wasn’t in her report. Attorney Royce objected to Mr. DeFrancesco reading from the staff report and not asking a question. Mr. DeFrancesco asked if this applicant had put 50% of the required acreage on site; Ms. Irwin responded that with this approval they were putting 100% on site. Mr. DeFrancesco indicated one reason given for allowing smaller parking spaces and smaller aisle ways was additional open space and would the open space remain. Ms. Irwin answered the question and explained the additional open space was provided for the limited amount of parking they were reducing and was not required for spaces in the parking garage. CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/5/04 8 Mr. DeFrancesco stated land use in the comprehensive plan was listed for non-residential mixed use. Attorney Tatum advised Mr. DeFrancesco he must ask questions or she was going to advise the City Council to end the cross examination. Mr. DeFrancesco asked if residential land use was listed in the comprehensive plan for nonresidential MXD. Ms. Irwin stated land use for the site was mixed use. Mr. DeFrancesco asked if in the comprehensive plan and LDR, the land use of residential was allowed in nonresidential MXD. Attorney Royce objected that Ms. Irwin had answered the question several times and explained it. Mr. DeFrancesco stated in the comprehensive plan there was no land use for residential and how was the height of 4 stories determined, to which Ms. Irwin responded under the land use allocation for industrial and all except professional, the height was limited to 4 floors. Mr. DeFrancesco asked how the residential intensities were determined from the use of the comprehensive plan in nonresidential mixed use. Ms. Irwin responded the densities and intensities were limited to those allowed through the comprehensive plan and the LDR’s for the Forbearance Agreement, which was used since it was more strict. Mr. DeFrancesco asked where she got the measurements for nonresidential MXD for residential. Ms. Irwin stated she had answered the question. Mr. DeFrancesco thanked Ms. Irwin for her time. Mayor Jablin stated he would like to move on with Resolution 92,2004 and hearing no further comments from the public, declared the public hearing closed. Councilmember Levy moved to approve Resolution 92, 2004 including the amendments. Councilmember Delgado seconded the motion, which carried by unanimous 3-0 vote. Attorney Royce thanked staff for their work on this project and for the Mayor’s comments regarding Mr. Brandt. Following a short break the meeting was reconvened. Resolution 149. 2004 - Donald Ross Village PUD -- Amendment to the Site Plan. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the development plans for the Donald Ross Village Planned Unit Development (PUD) generally bounded by Donald Ross Road to the North, Central Boulevard to the West, and Military Trail to the East, as more particularly described herein; providing for an additional waiver; providing for conditions of approval; and providing an effective date. The City Clerk read Resolution 149,2004 by title only. Senior Planner Kara Irwin presented the proposed amendment. Mayor Jablin declared the public hearing open. Councilmember Delgado disclosed exparte communication that she had met with staff on this matter. Councilmember Levy reported no exparte communication. Mayor Jablin reported he spoke with Peter Brock a couple of days ago. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Delgado moved to approve Resolution 149,2004 by title only. Councilmember Levy seconded the motion which carried by unanimous 3-0 vote. RESOLUTIONS: Resolution 147, 2004 - Approving a special event permit for “Taste of the Gardens”. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a special event permit for a City-operated green market type program to be known as the “Taste of the Gardens”, in accordance with Section 78-1 87 of the City Code of Ordinances; and providing an effective date. Charlotte Presensky, Community Services, provided a presentation. Councilmember Levy moved approval of Resolution 147, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 3-0 vote. Resolution 151. 2004 - CRALLS ADdication related to the Gardens Science and Technology - Communitv DeveloDment of Regional Impact (DRI). A Resolution of the City CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/5/04 9 Council of the City of Palm Beach Gardens, Florida directing staff to initiate an application for a “Constrained Roadways at a Lower Level of Service” to Palm Beach County related to the Gardens Science and Technology Community Development of Regional Impact; and providing an effective date. City Engineer Dan Clark provided the presentation. Councilmember Delgado moved to pass Resolution 15 1, 2004. Councilmember Levy seconded the motion, which carried by unanimous 3-0 vote. Resolution 165.2004 - Fire Rescue Level of Service. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, repealing Resolution 124,2004, and re-affirming the commitment of the City to attain and comply with minimum Fire-Rescue level of service standards; providing an effective date; and for other purposes. Fire Chief Pete Bergel provided the staff presentation. Councilmember Levy made a motion to approve Resolution 165,2004. Councilmember Delgado seconded the motion, which carried by unanimous 3-0 vote. ORDINANCES: Ordinance 29. 2004 - Revise Development Approval Process - for consideration on First Reading. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to review of applications for development order approval; amending Section 78-42, Code of Ordinances, entitled “Concurrency required” relating to Developments of Regional Impact; amending Section 78-43, Code of Ordinances, entitled “Review of Applications for Development Approval” relating to mandatory Planning, Zoning and Appeals Board Workshops and certain mandatory waiting period for public hearings and workshops; amending Section 78-44, Code of Ordinances, entitled “Concurrent Processing” to provide greater discretion to the City Council to allow concurrent processing of development approvals; amending Section 78-46, Code of Ordinances, entitled “Application Procedures” relating to concurrency and developments of Regional Impact; providing for codification; and providing an effective date. The City Clerk read Ordinance 29,2004 by title only on first reading. Growth Management Administrator Charles Wu presented the proposed process. Councilmember Delgado moved to place Ordinance 29,2004 on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 3-0 vote. ITEMS FOR COUNCIL ACTION/DISCUSSION: LaPasoda Lightning Rod Update - Planner Jackie Holloman provided the update and introduced Patrick Dillon, President of Bonded Lightning Protection, who answered questions from the Council. Charles Wu presented the staff objections. Dodi Glas spoke on behalf of the petitioner. Mayor Jablin stated that going forward, lightening rod systems would be inspected before becoming a situation like this again and admonished the petitioner for having done this without staffs okay, and stated he did not want this to set a precedent, but did not want the petitioner to have to rip out this entire system. Compensation of Council Members - Mayor Jablin reported the Council had decided to increase the compensation for Councilmembers and to provide for periodic increases in the future so that eleven years would not go by again without a raise. Mayor Jablin indicated he still favored his original suggestion of $22,000 for Councilmembers and $25,000 for the Mayor, and had calculated the time each person spent doing this job. Mayor Jablin felt $20,000 should be the floor amount. Councilmember Delgado favored a $2,000 difference between the council and Mayor and suggested $22,000/$24,000. Councilmember Levy compared this job to the County Commissioners’ salaries at $80,000, although CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/5/04 10 Councilmember Delgado stated they really received approximately $140,000, estimating if a Councilmember did the absolute minimum that it would be a quarter of a full-time position, and came up with a minimum of $20,000 for each Councilmember and 10% more, or $22,000, for the Mayor. Councilmember Levy stated he was willing to compromise. Councilmember Delgado explained she favored $22,000/$24,000 based on the chart provided by staff which showed salaries paid by other municipalities. Mayor Jablin proposed whatever decided would be presented in an ordinance on the 1 gth for first public hearing, starting with $22,000/$24,000, including COLA and the ability to purchase insurance up to age 65. Consensus was to have staff prepare the ordinance. ADJOURNMENT: There being no hrther business to discuss, the meeting was adjourned at 1 1 : 19 p.m. APPROVAL: MAYOR JABLIN VICE MAYOR RUSSO COUNCILMEMBER DELGADO COUNCILMEMBER LEVY ATTEST: PATRICIA SNIDER CITY CLERK CITY OF PALM BEACH GARDENS JOINT COUNCIL MEETING MINUTES PALM BEACH GARDENS AND LAKE PARK August 16,2004 The August 16,2004 Joint Meeting of the City Council of the City of Palm Beach Gardens, Florida, and the Town of Lake Park, Florida was called to order at 7:OO 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. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Councilmember Delgado, and Councilmember Levy of the City of Palm Beach Gardens; Mayor Castro, Vice Mayor Balius, Commissioner Garretson, Commissioner Carey, and Commissioner Daly from the Town of Lake Park. Vice Mayor Russo from the City of Palm Beach Gardens was absent from the meeting. COMMENTS FROM THE PUBLIC: There were no comments from the public. PUBLIC HEARING PART I - OUASI-JUDICIAL: Mayor Jablin reviewed the quasi-judicial procedures. The City Clerk swore in all those intending to offer testimony at the hearing. Ordinance 16, 2004 - Target Rezoning and Site Plan Review. An Ordinance of the Town Commission of The Town of Lake Park, Florida, rezoning a 10.83 acre portion of 19.12-acre parcel of land located on the Southeast corner of Northlake Boulevard and Congress Avenue within the municipal boundaries of the Town of Lake Park and the City of Palm Beach Gardens, as described more particularly herein, from a Zoning Designation of Traditional Neighborhood Development (TND) to Planned Unit Development (PUD); providing for codification; providing for severability; providing for the repeal of laws in conflict; and providing for an effective date. Resolution 40-OS-04a is a companion item to Ordinance 16, 2004 and will require Council action at second reading: Resolution 49-08-04a. Resolution of the Town Commission of the Town of Lake Park, Florida, approving the site plan for Northlake Square East for development approval of a 13 1,839 square foot retail center on a 10.83 acre portion of a 19.12 acre site generally located at the Southeast corner of the intersection of Northlake Boulevard and Congress Avenue within the municipal boundaries of the City of Palm Beach Gardens and the Town of Lake Park, as more particularly described herein; providing for waivers; providing conditions of approval; and providing an effective date. Ordinance 30.2004 - Target Rezoning and Site Plan review. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning the 8.29-acre portion of a 19.12-acre parcel of land, located on the Southeast corner of Northlake Boulevard and Congress Avenue, which lies within the municipal boundaries of the City of Palm Beach Gardens, as described more particularly herein, from a zoning designation of Research and Light Industrial Park (MI) to Planned Unit Development (PUD) overlay with an underlying zoning district of General Commercial (CG- 1); and providing an effective date. Resolution 135, 2004 is a companion item to Ordinance 30, 2004 and will require Council action at second reading. Resolution 135.2004 - Target Rezoning and Site Plan review. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the master development plan for Congress Plaza East at the 19.12-acre parcel of land located on the Southeast corner of Northlake Boulevard and Congress Avenue which lies within the municipal boundaries of the City of Palm Beach Gardens and the Town of Lake Park, as described more particularly herein, to allow for a 13 1,839 square-foot retail building; providing for waivers; providing for conditions of approval; and providing an effective date. 2 PALM BEACH GARDENS AND LAKE PARK, 8/16/04 - The City Clerk read Ordinance 16,2004 and Ordinance 30,2004 by title only on first reading. Ex- parte communication was disclosed: Mayor Jablin - none since the last meeting; Mayor Castro - left a message regarding traffic concurrency for Dodi Glas; all other Council and Commission members reported none. Jamie Gentile, representing of Town of Lake Park Community Development Department, presented the project and answered questions. Dodi Glas, Urban Design Studio, spoke on behalf of the applicant. The following direction was given by the City Council and the Town Commission: Reduce size of the logo sign, mature trees shall be used on the front side of the building, bollards shall be round in shape but not red in color, if the ficus tree that is to be relocated should die it shall be replaced with a tree of similar size, and Palm Beach County shall be contacted regarding the possibility of aerating the lake. Mayor Jablin declared the public hearing open. Linda Hughey, Palm Beach Gardens, requested a minimum of 20 handicap spaces, and that the developer be required to provide a bus stop. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Mayor Castro stated without traffic concurrency from the county he could not vote for the project tonight, and stated his agreement with the requests made by the Council and the Commission. Staff reported concurrency had been granted for the site for two separate projects prior to this project; the question was whether the two could be joined, and the county was doing another study. It was agreed that the Council and Commission would not vote for this project on second reading without a new concurrency letter for this project from the county. Councilmember Delgado made a motion to place Ordinance 30,2004 on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 3-0 vote. Vice Mayor Balius made a motion to place Ordinance 16, 2004 on first reading by title only. Commissioner Garretson seconded the motion, which carried by unanimous 5-0 vote. It was announced the next meeting was tentatively scheduled for 7 p.m. on September 7 contingent upon a concurrency letter being received by August 3 1. ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 8: 17 p.m. APPROVAL: MAYOR JABLIN VICE MAYOR RUSSO COUNCILMEMBER DELGADO ATTEST: COUNCILMEMBER LEVY PATRICIA SNIDER CITY CLERK TOWN OF LAKE PARK: APPROVAL: MAYOR CASTRO PALM BEACH GARDENS AND LAKE PARK, 8/16/04 3 ~ VICE MAYOR BALIUS COMMISSIONER GARRETSON COUNCILMEMBER CAREY COUNCILMEMBER DALY ATTEST: TOWN CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL SPECIAL MEETING August 18,2004 The August 18, 2004 Special Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 4:37 P.M. in the Council Chambers ofthe Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the pledge of allegiance. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Vice Mayor Russo, and Councilmember Delgado. Councilmember Levy arrived at 4:39 p.m. ITEMS FOR COUNCIL ACTION/DISCUSSION: Scripps - Mayor Jablin announced that at the previous day’s County Commission meeting there had been several misstatements regarding Scripps, and this meeting had been called to set the record straight. Natalie Wong, Senior Project Coordinator, Assistant to the City Manager, provided a presentation dealing with statements made at the County Commission meeting that misrepresented the facts. A former master plan known as the Fagan Plan had been stated to be better because it did not include biotech on the Vavrus property, so there would be no competition between the County and the City; and that it was less dense in residential. Ms. Wong presented the Fagan Plan, which included both sites, and on Mecca there was a large amount of biotech use and there were no specific intensities, however, the plan showed uses including residential and commercial, town center, school, civic and community. This plan had been developed as a concept plan and no traffic analysis was done, no economic analysis, no housing methodology, no allocation of residential units, no detailed environmental analysis, no input from the City or master developer, and no joint planning effort between the City and the County. The City had later gotten involved with the County, and joint planning meetings took place. One of the first joint planning activities had been to allocate intensities for both the County and City. A memo had been written by the City dated February 23, 2004, specifying initial proposed intensities of 6.4 million square feet of research and development. In March, the City revised those numbers, reducing proposed research and development to 2 million square feet, which was further reduced to allocate 1.8 million square feet of research and development to accommodate the County’s wishes to minimize competition for biotech uses. Initial proposed residential of 3,000 units was increased to 7,500, the current amount. This increase had been a direct result of working with the reviewing agencies and the County and FDOT on an accepted traffic methodology to capture the highest amount of trips to maximize the sustainable community concept. Ms. Wong reported there had been negative tones associated with the proposed density on the Vavrus parcel. Several Commissioners had alluded to housing being too dense. Ms. Wong stated that housing is important and even with the 7,500 units plus the 2,000 units on the Mecca piece, it was not enough to meet the demand because of the high number of employees that would be generated by the research and development square footage, and there would be a deficit of over 13,000 units. Ms. Wong reviewed a chart illustrating this housing deficit in both the City DRI and County DRI, and a newspaper article from the Palm Beach Post which indicated the Treasure Coast Regional Planning Council’s staff report had contained criticism of the inadequate housing but had overlooked the County’s plan to develop housing on the Vavrus property. The County had recommended that the sentence in the report reading “the plan is short on housing” be changed to state “the plan appears short CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/18/04 2 on housing but is being designed with a residential heavy project on the Vavrus parcel, easing the problem. Lower the requirements for affordable housing from 2250 units to 400.’’ Ms. Wong indicated this was being provided to show the County had endorsed the provision of including housing on the City’s plan. Ms. Wong noted she would not read every comment verbatim, but explained that there were specific mitigation conditions developed with County and City staff to provide mitigation conditions for the CRALLS the City requested in June. The mitigation conditions presented dealt with affordable housing, although the total mitigation conditions dealt with a number of things. The reason for showing the affordable housing conditions was to illustrate that there was no way the County would have moved forward with these mitigation conditions unless they had recognized the specific number of units, 7,500, that the City was proposing. Mitigation conditions were described. Ms. Wong then addressed the question of why research and development had decreased-through joint planning the City had decreased it because of the County’s concern for competition; and in addition, as part of the mitigations for the CRALLS, the City and the County agreed to include a specific provision that Vavrus North shall maintain the same mixture of uses as set forth in the DRI, May, 2004. Additionally, for the first ten years after the Vavrus North DO, the building permits for the R&D square footage of Vavrus North shall not exceed 50% of the permitted Mecca R&D square footage. This addressed the County’s concern regarding competition. The next statement by the Board of County Commissioners was the City did not want to modify the plan to address the County’s need and had been uncooperative in the planning process. Ms. Wong reinforced that there had been continuing joint planning efforts with the County and affected agencies, and provided meeting dates, who had attended, and what had been discussed, documenting over 25 meetings ofjoint planning efforts. Ms. Wong reported there had been a philosophical tone present in many of the County Commissioners’ comments, describing the Mecca versus Vavrus projects as competitive. The City’s response was the two combined created an overall village. The City had researched economic clusters, studied current growth management principles and economic development principles, and collected research on existing parks. The City also talked to Scripps and asked what they wanted, which was a village encompassing all these elements. The conclusion was that 500 acres referred to yesterday by the County Commission was not enough; biotech users do not like high-rise buildings. The grant agreement between Scripps and the County stated the County shall use its best effort to enter into an agreement with the City of Palm Beach Gardens relating to the development of the Vavrus site. Another comment by Commissioners was that Vavrus would cost the taxpayers of this County $100 million or more if the Mecca property was developed by itself. Ms. Wong responded if another developer was coming on board being paid for by non-taxpayers, there would be a significant shared cost of infrastructure, and this was an unfounded statement, Mecca alone would require taxpayer money for infrastructure. Ms. Wong summarized that the current plan was a result of research and analysis including housing, economic, traffic, and site conditions, environmental assessments, etc., and represented joint planning efforts between City staff and County staff. The City had been cooperating and was working on the project to create a world-class economic engine. The City had lowered R&D and increased residential intensities at the County’s request. County staff had represented that the current intensities in the City’s plan should remain, and both DRI’s combined would provide the village, and the cost would decrease because the infrastructure cost would be shared by both projects. Councilmember Levy asked if information on other parks had been provided to the County CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/18/04 3 and if they had provided any information to the City, to which Ms. Wong responded County staff had been cooperating with the City and sharing information with the City. Vice Mayor Russo expressed disappointment with the comments made at the County Commissioners meeting, and stated the City never selected the location for Scripps but said they would do whatever they could to make it work to have Scripps in Palm Beach County. This was done and then yesterday he had heard the plan failed because of the City’s lack of cooperation. Vice Mayor Russo expressed frustration and concern that if the Brigger tract was selected they wanted the whole thing there but that was entirely within the City and it was not fair to residents to give control of some of their land to someone else. The Vice Mayor indicated he was willing to cooperate but the first thing needed was for the City to request a joint meeting between the City Council and the County Commission for them to get back on the same page. Scripps was far too important for the City to sit back and let emotion get involved. Councilmember Delgado expressed her frustration also, and strongly urged the report presented tonight be shared with Dr. Lerner and Doug Bingham, legal counsel for Scripps, so that they could be fully informed, and made a motion to set up a joint meeting with the County Commission. Mayor Jablin indicated a motion was not necessary and there was consensus of the Council; and reported for the record that Councilmember Levy had arrived at 4:39 p.m. and was a part of this discussion. Mayor Jablin advised all of the information would be sent to Scripps and the County, including the following prepared statement: The City of Palm Beach Gardens has continued to cooperate with Palm Beach County and the Scripps Research Institute to provide a home in this County for the Scripps Research Institute. In response to some of the County Commissioners ’ disparaging comments about the City of Palm Beach Gardens, this City is not the reason the County Commission is reconsidering their position regarding site selection for the Scripps Research Institute. City staffhas responded to Palm Beach County and the Department of Transportation’s request to increase the number of residential units from 3,000 to 7,500 on the Vavrus site. The residential increase was to help the County reduce the number of trips anticipated by the Mecca development to comply with their traffic performance standards ordinance. The biotech square footage for the site was reduced from 6.4 to 1.8 million square feet dedicated to research and development in order to compliment the development of the Mecca site at the County’s request. The Mecca and Vavrus site plans were developed through a joint planning effort with the County’s consultants and City stafl The fact that certain County Commissioners are not informed, are ill-informed, or politically motivated to find someone else to blame for their own lack of due diligence is indeed unfortunate. The City of Palm Beach Gardens has fully cooperated with the County in regards to the Scripps Research Institute project over the last ten months. Although the County has requested complete control over the development and permitting of any alternative site selected for the Scripps project, the City of Palm Beach Gardens has afiduciary responsibility to its residents to act in their best interests. The City has consistently worked with the County on all levels of the Scripps development project to maximize the potential of the Mecca site. We have invested both time and money in the development of the Mecca and Vavrus sites. However, should Scripps Research Institute decide to develop the alternative location on the Brigger tract, the City of Palm Beach Gardens stands ready to cooperate and work with the County in the development of their chosen site, while protecting our citizens ’ tax dollars and their quality of life today and in the future. Until Scripps Research Institute makes theirJina1 decision, the CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/18/04 4 City of Palm Beach Gardens cannot comment on the favorability of either of the alternative sites. Vice Mayor Russo requested addition of a statement that the City offered to meet with the County Commission in an effort to resolve some of these issues and move forward. There was consensus from the Council. Mayor Jablin announced after adjournment of the meeting, questions would be taken from the press. ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 5:03 p.m. APPROVAL: MAYOR JABLIN VICE MAYOR RUSSO COUNCILMEMBER DELGADO COUNCILMEMBER LEVY ATTEST: PATRICIA SNIDER CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: July 29,2004 Meeting Date: September 7,2004 Resolution: 166,2004 SubjectlAgenda Item: Resolution 166,2004 -Approve a renewal agreement with Glatting Jackson Kircher Anglin Lopez Rinehart, Inc. to provide Professional Park Planning and Design Services on a continuing basis. [ X ] Recommendation to APPROVE [ ] Recommendatinn to DENY Reviewed by: I City Attorney Su mi Jac -??%- Dough ey, Community Services Administrator Department Director Angela Wong, Project Manager Community Services Department Advertised: NIA Date: Paper: [ X ] Not Required Affected parties J&.Notified [ ] Not required costs: 8o.00 (Total) $o.oo Current FY Funding Source: [ ] Operating [ ]Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: 0 Resolution 166, 2004 0 Exhibit A: Glatting Jackson Continuing Service Agreement - 912002 Exhibit B: Glatting Jackson Renewal Agreement ~ [ ]None Date Prepared: August 16,2004 Meeting Date: September 7,2004 Resolution: 166,2004 BACKGROUND: In September 2002, the City contracted with Glatting Jackson Kircher Anglin Lopez Rinehart, Inc. (Glatting Jackson) to provide Professional Park Planning and Design Services on a continuing basis. Both the City and Glatting Jackson desire to renew the agreement for a third one-year term based on the same terms and conditions as stated in the original agreement. STAFF RECOMMENDATION: Approve Resolution 166,2004 authorizing the execution of a renewal agreement with Glatting Jackson Kircher Anglin Lopez Rinehart, Inc. (Glatting Jackson) to provide Professional Park Planning and Design Services on a continuing basis until September 4, 2005. Date Prepared: July 29, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 166,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A RENEWAL AND AMENDMENT TO AN AGREEMENT FOR PROFESSIONAL PARK PLANNING AND DESIGN SERVICES BETWEEN THE CITY OF PALM BEACH GARDENS AND GLATTING JACKSON KIRCHER ANGLIN LOPEZ RINEHART, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City hired Glatting Jackson Kircher Anglin Lopez Rinehart, Inc. (“Glatting Jackson”) pursuant to a continuing contract dated September 4, 2002 (“Contract”); and WHEREAS, the Contract provides for two (2) one-year renewal options pursuant to Article 2 of said Contract; and WHEREAS, both the City and Consultant are desirous of renewing said Contract for one additional one-year term; and WHEREAS, the City Council has determined that it is in the best interest of the City of Palm Beach Gardens to enter into an agreement with Glatting Jackson to provide professional park planning and design services; and WHEREAS, a Renewal and Amendment for Professional Services has been prepared and is attached hereto as Exhibit “A.” NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTlON2. The City Council hereby accepts and approves the Renewal and Amendment to an Agreement for Professional Services between the City of Palm Beach Gardens and Glatting Jackson, and hereby authorizes the Mayor and City Clerk to execute the Agreement. SECTION 3. This Resolution shall become effective immediately upon adoption. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: July 29, 2004 Resolution 166, 2004 PASSED AND ADOPTED this day of ,2004. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SU FFlC I EN CY Christine P. Tatum, City Attorney AYE NAY ABSENT VOTE: -- MAYOR JABLIN --- VICE MAYOR RUSSO --- COUNCILMEMBER DELGADO --- COUNCILMEMBER LEVY --- G:\attorney-share\RESOLUTIONS\Glatting Jackson Renewal - reso 166 2004.doc 2 Date Prepared: July 29,2004 Meeting Date: September 7,2004 Resolution: 166,2004 EXHIBIT A GLATTING JACKSON CONTINUING SERVICES AGREEMENT .‘ 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”). WIT N E S S ET H: 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 of 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 I 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 finalhast billing to the City for each CSA. This shall constitute Consultant‘s certification that all services have been properly 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 secure and maintain, at its own expense, the following insurance policies: During the performance of services under this Agreement, Consultant shall A. B. C. D. Professional liability insurance in an amount not less than $1,000,000.00 per occurrence. 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. 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. 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 12 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 ipon 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 33 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 500 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 0- 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 Agree men t . 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 9- 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, the parties have executed this Agreement on the Executed by the City this qw day of dates hereinafter written. ,2002. . .. Sufficiency: .,-----' n * Leonard G. Rubin, City Attorney RDENS, a Florida Executed by the Contractor this ym day of Z&'d&, ,2002. GLAlTlNG JACKSON KERCHER ANGLIN LOPEZ RINEHART, INC., a Florida corporation By: @w Print name: 3arw;l k. bdi Title: THQSuruj. WITNESSED: 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 $175 per hour Senior Professional $125 per hour Mid-Level Professional $85 per hour Entry-Level Professional & Graphics $65 per hour Administrative Assistant $50 per hour NOTE: “Professional” as listed above includes Landscape Architect, Planner, Ecologist, or Transportation PlannedEngineer Page 12 of 12 Date Prepared: July 29,2004 Meeting Date: September 7,2004 Resolution: 166,2004 EXHIBIT B GLATTING JACKSON RENEWAL AGREEMENT EXHIBIT A RENEWAL PROPOSAL Jxk f-. C;lattiiig. Founder Williani J.Anghn,Jr. I)avid L. I3arth Jay H. Exum CIarey S. Hayo Jay I<. Hood l’iiiiothy T. Jackson Williani C. Kcrcher, Jr. Walter M. Kuldsh Sharon K Larnantia S. Iliymond Lopez Tlioiiids J. MrMackm, Jr. John H. Percy John F. knehart (;regory A. Bryla trance\ Chdndler-Mdrlno John W Check Ilavid I< <:lam Charles P. Cobble Michrrl I<. Cochran JrtFrcy S. Collins A. Blake Drury Sandy A. Frank5 I )oug135 V. Game\ Bruce C. Hall Joiirthan W. Hoffman Ilavid M. Kutner G~~I r). ~acey lhnt A. Lacy Wll~ldlll 1). Lite\ lm M. Lockwood Kok Wan Mdh Jethy F. Manuel Edward J. McKinney I<.indall S. Mejeur John J. Moore 111 llhy N Mohabcer Jonrthaii M. Mupon Kirk J. Olney Tiniothy I<. l’alrrino Kclley Samuels Peterman Heather J. Phirl Troy I? Russ Jodi I.. Kutniann I’etrr C. Sechler Michael Sobczak Jeff M. Sugar Ibnald L. Urbaniak (;.Wade Walkcr Gary E Warner Ilonald C; Wi5hart l)ougld\ A. Mrtzger Community Planninx GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART Angela Wong Projects Manager City of Palm Beach Gardens, FL (56 1) 799-4 127 Office (561) 799-4134 Facsimile August 16,2004 Re: Renewal of Agreement for Continuing Park Planning and Design Services Dear Angela, Glatting Jackson Kercher Anglin Lopez Rinehart, Inc (Glatting Jackson) is pleased to renew our Agreement for Professional Services with the City of Palm Beach Gardens for Continuing Park Planning and Design Services, dated September 4,2002. In accordance with paragraph 6.5.1 of the Agreement, we respectfully request that you update “Exhibit A”, hourly rate schedule, to reflect our current (2004) hourly rate schedule, attached. Please let us know if you have any questions, or need additional information. We appreciate the opportunity to continue providing park planning and design services to the City, and look forward to working with you on future projects. Sincerely, Dave Barth Vice President 222 (:lcnidtis Street suitr 200 Wc\t I’alin Beach I-1orid.i. 33401 1’. So1 054 6552 t. 561 833 17‘10 www.~l‘lttlllg.coln Atlanta Orlando Weir Palm Beach Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. HOURLY RATE SCHEDULE 2004 Principal 5 Principal 4 Principal 3 Principal 2 Principal 1 Planner 6 Planner 5 Planner 4 Planner 3 Planner 2 Planner 1 Transportation Engineer 6 Transportation Engineer 5 Transportation Engineer 4 Transportation Engineer 3 Transportation Engineer 2 Transportation Engineer 1 Transportation Planner 6 Transportation Planner 5 Transportation Planner 4 Transportation Planner 3 Transportation Planner 2 $250 $225 $215 $190 $165 $200 $165 $130 $1 10 $95 $75 $200 $165 $130 $1 10 $95 $75 $200 $165 $130 $1 10 $95 Transportation Planner 1 Ecologist 4 Ecologist 3 Ecologist 2 Ecologist 1 Landscape Architect 5 Landscape Architect 4 Landscape Architect 3 Landscape Architect 2 Landscape Architect 1 Landscape Designer 3 Landscape Designer 2 Landscape Designer 1 Public Relations 3 Public Relations 2 Public Relations 1 GIS Specialist 2 GIS Specialist 1 Graphic Artist 3 Graphic Artist 2 Graphic Artist 1 Administrative Assistant Technician $75 $130 $1 10 $95 $75 $165 $130 $1 10 $95 $75 $90 $80 $70 $95 $85 $75 $95 $75 $95 $85 $75 $55 $50 RENEWAL AND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made this day of , 2004, by and between the City of Palm Beach Gardens, a municipal corporation (hereinafter referred to as “City”), whose address is 10500 N. Military Trail, Palm Beach Gardens, Florida 3341 0, and Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. (hereinafter referred to as “Consultant”), a Florida Corporation, whose address is 222 Clematis Street, Suite 200, West Palm Beach, Florida 33401. WHEREAS, the City hired Consultant pursuant to a Continuing Contract dated September 4, 2002 (“Contract”); and WHEREAS, the Contract provides for two (2) one-year renewal options pursuant to Article 2 of said Contract; and WHEREAS, both the City and Consultant are desirous of renewing said Contract for one additional one-year term and on the terms and conditions more particularly provided for below. NOW, THEREFORE, in consideration of the mutual promises contained herein the parties agree as follows: 1. 2. 3. 4. The above recitals are true and correct and are incorporated herein by reference. The Contract is hereby renewed for one additional one-year period commencing from the expiration of the term of the original contract date. The Exhibit “A attached to the Contract is hereby amended by the Exhibit “A hereto and by this reference incorporated herein, which modifies Section 6.5 of the Contract. Except as modified herein, all other terms and conditions of the Contract remain in full force and legal effect. (The remainder of this page left intentionally blank) IN WITNESS WHEREOF, City and Consultant have executed this Agreement all as of the day and year first above written. ATTEST: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Christine P. Tatum WITNESS: n . Z&, ‘W CITY OF PALM BEACH GARDENS, FLORIDA, a Florida Municipal Corporation By: Eric Jablin, Mayor (SEAL) Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., a Florida Corporation (CORPORATE SEAL) 2 e1 > , tk h? CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: August 16,2004 Meeting Date: September 7,2004 Resolution: 177,2004 SubjectlAgenda Item: Resolution 177, 2004 - Approve a Work Authorization and Notice to Proceed in the amount of $865,200.00 to Murray Logan Construction, Inc. via their Annual Public Works Contract dated May 6,2004, for canal restoration of the Thompson River Canal from Vision Drive to Hickory Drive that is associated with the Stormwater Svstem Improvements - Phase Ill (City Project No. 2003-007) [ X ] Recommendation to APPROVE 1 ] Recommendation to DENY Reviewed by: Civil Engineer Finance Director b@@ Community Services Administrator Department Director A* Ci ana r Community Services Department Advertised: NIA Date: Paper: [ X ] Not Required Affected parties LX ] Notified [ ] Not required E, 1 Ests: $ 865.200.00 (Total) $865,200.00 Current FY Funding Source: [ X ] Operating [ ]Other Budget Acct.#: 001-3040-541.6918 Council Action: [ ]Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Resolution 177, 2004 Exhibit A: Site map Exhibit B: Murray Logan, Inc. Proposal Exhibit C: Work Authorization and Notice to Proceed. [ ]None Date Prepared: August 16,2004 Meeting Date: September 7,2004 Resolution: 177,2004 Projects FEC Ditch (Burns to RCA Blvd.1 BACKGROUND: The City has completed several priority projects as identified in the Stormwater System Management Plan dated January 2002. Those projects were funded by the General Fund. City Council approved the Series 2003 Public Improvement and re- financing bond as recommended by the Blue Ribbon Panel on November 6,2003, in order to facilitate the progress of other Stormwater projects. It has been the City’s intention to complete the remaining projects within three years from the date of receipt of the $5 million bond funds. The remaining projects were as follows: Ranking 3 Thompson River Canal (Military south to Seagrape) Allamanda Spillwav OPerable Gate 4 5 Plat 4 - Phase 2 (Secondary Drainage System) ThomPson River Canal (Earman Canal to Liahthouse Dr.1 5 6 The City contracted with Murray Logan Construction, Inc., in December 2003 to complete the first phase of the Thompson River Canal Project (Phase II - Military south to Seagrape). The next phase of this project, Phase Ill - Vision Drive to Hickory Drive is ready to begin. Staff received a proposal from Murray Logan Construction, Inc., who is currently contracted with the City under the Annual Public Works Contract dated May 6, 2004, for the aforementioned improvements. If the Work Authorization and Notice to Proceed is approved, construction will begin mid-September and continue through May 2005. Thompson River Canal (Holly to 195) Thompson River Canal (Mil to Hickory S. of PGA Blvd.) Earman River Canal (MacArthur Blvd to Thompson) STAFF RECOMMENDATION: Approve Resolution 177, 2004 approving the Work Authorization and Notice to Proceed in an amount not to exceed $865,200.00, for continuation of the canal restoration services related to the Stormwater System Improvements (Phase Ill City Project No. 2003-007) to Murray Logan Construction, Incvia their Annual Public Works Contract dated May 6, 2004. 6 7 8 Date Prepared August 16, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 177,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A WORK AUTHORIZATION AND NOTICE TO PROCEED TO MURRAY LOGAN CONSTRUCTION, INC. BASED ON ITS EXISTING ANNUAL PUBLIC WORKS CONTRACT DATED MAY 6, 2004, FOR THE RESTORATION OF THE THOMPSON RIVER CANAL, FROM VISION DRIVE TO HICKORY DRIVE, CITY PROJECT NO. 2003- 007/STORM=WATER SYSTEM IMPROVEMENTS, PHASE 111; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City wishes to perform restorative and maintenance activities along the Thompson River Canal, from Vision Drive to Hickory Drive, as identified in the Site Map attached hereto as Exhibit “A; and WHEREAS, the City awarded an Annual Public Works Contract to Murray Logan Construction, Inc., per Resolution 102, 2004 dated May 6, 2004, for services including those required above, pursuant to a competitive sealed bid; and WHEREAS, the City has received a quotation from Murray Logan Construction, Inc. to provide construction services related to said project, a copy of which is attached hereto as Exhibit “B”; and WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the best interests of the citizens and residents of the City of Palm Beach Gardens to award a Work Authorization and Notice to Proceed to Murray Logan Construction, Inc. based on its Annual Public Works Contract dated May 6, 2004; and WHEREAS, based on the recommendation of City staff, the City wishes to award a Work Authorization to Murray Logan Construction, Inc. to provide such services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby awards a Work Authorization and Notice to Proceed for restoration to the Thompson River Canal Project from Vision Drive to Hickory Drive to Murray Logan Construction, Inc., in the amount of $865,200.00 based on its Annual Public Works Contract dated May 6, 2004, and authorizes the Mayor and City Clerk to execute such Work Authorization and Notice to Proceed. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: August 16, 2004 Resolution 177, 2004 SECTION 3. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this day of ,2004. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SU FFl Cl ENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR RUSSO COUNCILMEMBER DELGADO COUNCILMEMBERLEVY -- AYE NAY ABSENT G:\attorney-share\RESOLUTlONShurray logan - thornpson river canal - reso 177 2004.doc 2 Date Prepared: August 16,2004 Meeting Date: September 7,2004 Resolution: 177,2004 EXHIBIT A SITE MAP EXHIBIT “A” MILITARY TRAIL I’ D D m 0 2 r m < P W 0 k Date Prepared: August 16,2004 Meeting Date: September 7,2004 Resolution: 177,2004 EXHIBIT B MURRAY LOGAN CONSTRUCTION, INC. PROPOSAL MURRAY LOGAN CONSTRUCTION, INC. General Contractors 313 6? TrailNorth West Palm Beach, FL 33413 QUOTATION TO: City of Palm Beach Gardens ATTN.: David Reyes Dept. of Engineering Phone: 561-686-3948 Fax: 561-686-7465 DATE: 8-10-04 NAME OF PROJECT: Thompson River, Vision Drive to Hickory Drive Restoration LOCATION: West of Military Trail 500' north of Burns Road, north to Hickory Drive including the 2 finger cads. PLANS & SPECIFICATIONS: LBFH Desip section with 100 foot right of way and maintenance shelf on both sides. WE PROPOSE TO WRMSH ALL LABOR, MATERLAL ANlD EQUIPMENT TO PERFORM THE M)LLOWING: A, Canal Rustoration on both sides of all canals. (Approximately 23,500 lineal feet of card bank) LBFH Project No. 03-4296A 1. Mobilize equipment, crew, turbidity screens, atld maintenance of traflic. 2. Cwstruct access roads at bridges @ckory and Lardi) 3. Clear right of way of all trees, fences, etc and dispose of off site. 4. Excavate canal to design section and con8truct maintenance shelf on both sides. 5. Sod fiom waters edge to top of bank with Bahia sod. Sod maintenance shelf to right of way line wid all other disturbed weas with Floratarn sod. 6. Remove access roads and completely restore all disturbed areas. PORTHELUMP SUM OF .......................................... $848,500.00 Deduct $.lo/ ef of sod ifBahia is substimttxi for Floratam B. Culvert Extensions (As estimated ftom plans, actual number of extensions may change due to field conditions) 1. Supply and iastaU culvert extension OD 5 of the 13 culverts Shawn on plans to match eew canal cross sections as follows: Page (5) 24" RCP @ $3200.00 /Page (4) 12" CAP @ S1400.00 / Page (4) 8" CAP @ $1100.00 /Page (3) 30" RCP @ $3450.00 Page (2) 24" RCP @ $3200.00 Tofal for Culvert Extensions .......................................... $12,350.00 C. Boat: Ramp at Vision gate. i. Supply and install a 8 ft wide x 40 fi long bat ramp utilizing Petrofiex Articulating Block Mats on filter fabric. FOR THE LUMP SUM OF.. ......................................... $4,350.00 QRA?4D TOTAL FOR A, B, C, .............................................................................. ..,..$865,200.00 Nota: 1. Staking, as builts, and permits excluded. 2. Public to remove personnel items &am right of way prior to start of work. 3. Clearing limited to within right of way. Stumps may be lee in place where removal may cause damage to existing utilities. 4. Price is based on moss section modified so no fill is required to be imported or exported. City may direct filI to be imported or 5. Existing utilities may dictate modification of crass s&m. Removal, relocation or modification of existing utilities excluded. 6. CIearing and excavation to begin after relocation of utilities improperly located in City right of way are removed. 7. Irrigation of Flaratam by others, if irrigation not supplied or maintained no guarantee of Floratam sod. exported at additional cost if they desire. MURRAY LOGAN C0NSTRUCIION, INC CANNOT GUhRANTEE OR BE RESPONSIBLE FOR ROCK BASE WORK CONSTRUCTED BY OTRERS. BWBRS SIGNED ACCEPTANCX Wnt CONSTITUTE A BmbW COwTgAcT. IElTIIEEVENTTHERB1S ANYDEPAULTIN PA- DUE UNDERTKISCONTRACT ANDTHB SAME IS PLACEDINTHEHAEFDS OFANAlTORNBY FOR COLLECTION, THE PuRCHAseR AND/OR PIJRC~RS f%RBBY AGREE TO PAY AtL COST OF COUECTION, INCLUDINa RJiMONMLE ATFORNEY'S FEES. ACCEPTED: MURRAY LOGAN CONSTRUCTION, INC. BY: TITLE: VICE PRESID- DATE: Date Prepared: August 16,2004 Meeting Date: September 7,2004 Resolution: 177,2004 EXHIBIT C WORK AUTHORIZATION AND NOTICE TO PROCEED CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 WORK AUTHORIZATION AND NOTICE TO PROCEED PROJECT NO. 2003-007 PROJECT TITLE: Stormwater Svstem Improvements Thompson River, Vision Drive to Hickory Drive (Phase 111) CONTRACTOR: Murray Logan Construction, Inc. DATE: August 16,2004 YOU ARE HEREBY REQUESTED TO PROCEED WITH THE FOLLOWING WORK, AS OUTLINED IN THE PROPOSAL ATTACHED HERETO, AND ALL WORK SHALL BE PURSUANT TO THOSE ITEMS IN THE ANNUAL PUBLIC WORKS CONTRACT DATED MAY 6, 2004. BY THIS REFERENCE INCORPORATED HEREIN, FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS, COVENANTS AND CONDITIONS. FOR AN AMOUNT NOT TO EXCEED $865,200.00 THE WORK SHALL COMMENCE ON September 8, 2004 AND BE SUBSTANTIALLY COMPLETE NO LATER THAN May 8, 2005 WITH A FINAL COMPLETION DATE OF June 8, 2005. THE PARTIES HERETO ALSO UNDERSTAND THAT THE CITY MAY MODIFY THE COMMENCEMENT DATE HEREIN UPON WRITTEN NOTICE. THE UNDERSIGNED HAS PROVIDED ALL SUCH INSURANCE AND BONDS AS REQUESTED AND DEEMED NECESSARY BY THE CITY OF PALM BEACH GARDENS. THE UNDERSIGNED, BY EXECUTION OF THIS WORK AUTHORIZATION AND NOTICE TO PROCEED, AGREES TO BE BOUND BY THE TERMS AND CONDITIONS INCORPORATED HEREIN. TO BE FILLED OUT BY DEPARTMENT INITIATING WORK AUTHORIZATION ,P Community Services 001 -3040-541.691 8 DEPARTMENT ACCOUNT NUMBER CITY OF PALM BEACH GARDENS, FLORIDA DEPARTMENT MAYOR RECOMMEN ATTEST: CITY CLERK CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 WORK AUTHORIZATION AND NOTICE TO PROCEED PROJECT NO. 2003-007 PROJECT TITLE: Stormwater System Improvements Thompson River, Vision Drive to Hickory Drive (Phase 111) CONTRACTOR: Murray Lopan Construction, Inc. DATE: August 16,2004 YOU ARE HEREBY REQUESTED TO PROCEED WITH THE FOLLOWING WORK, AS OUTLINED IN THE PROPOSAL ATTACHED HERETO, AND ALL WORK SHALL BE PURSUANT TO THOSE ITEMS IN THE ANNUAL PUBLIC WORKS CONTRACT DATED MAY 6, 2004. BY THIS REFERENCE INCORPORATED HEREIN, FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS, COVENANTS AND CONDITIONS. FOR AN AMOUNT NOT TO EXCEED $865,200.00 THE WORK SHALL COMMENCE ON September 8, 2004 AND BE SUBSTANTIALLY COMPLETE NO LATER THAN May 8, 2005 WITH A FINAL COMPLETION DATE OF June 8, 2005. THE PARTIES HERETO ALSO UNDERSTAND THAT THE CITY MAY MODIFY THE COMMENCEMENT DATE HEREIN UPON WRITTEN NOTICE. THE UNDERSIGNED HAS PROVIDED ALL SUCH INSURANCE AND BONDS AS REQUESTED AND DEEMED NECESSARY BY THE CITY OF PALM BEACH GARDENS. THE UNDERSIGNED, BY EXECUTION OF THIS WORK AUTHORIZATION AND NOTICE TO PROCEED, AGREES TO BE BOUND BY THE TERMS AND CONDITIONS -_ (sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING WORK AUTHORIZATION Community Services 001 -3040-541.691 8 DEPARTMENT ACCOUNT NUMBER CITY OF PALM BEACH GARDENS, FLORIDA RECOMMEN MAYOR ATTEST: 2 &I% ATTORNEY CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: August 10,2004 Meeting Date: September 7,2004 Ordinance 35,2004 Resolution 176,2004 SubiecUAPenda Item Ordinance 35,2004 and Resolution 176,2004: The Sanctuary PBG HOA, Inc. Lake Access Tract First Reading: A request by Sherry Hyman, Agent, on behalf of The Sanctuary PBG Homeowners Association (HOA), to allow for an amendment to the Sanctuary Planned Unit Development (PUD). The proposed plan would allow for lake access though an upland preserve by creating an open space tract. The PUD is 8 1.9 acres in size and located on the north side of Hood Road approximately 1,500 feet west of Prosperity Farms Road. [XI Recommendation to APPROVE I 1 Recommendation to DENY Reviewed by: Planning & Zoning Director: G Tala1 Benothman, AICP . City Attorney: Christine Tatum, Esq. Developm t Co & we: I Bahareh Keshavarz, AICP Growth Administrator: Charles K. Wu, AICP Originating Dept.: Growth Management: City Forester [XI Quasi-Judicial [ 3 Legislative [ ] Public Hearing Advertised: Date: Aug. 23, 2004 Paper: PB Post [ ] Not Required Aflected parties: [ ]Notified [ XI Not Required FINANCE: costs: $ NJA Total $ NJA Current FY Funding Source: [ 3 Operating [XIOther N/A Budget Acct.#: NA City Council Action: [ ]Approved [ ] App. w/ conditions [ ] Denied [ ] Continued to: Attachments: 0 Table 1 0 Approved Site Plan 0 Proposed Site Plan Proposed Replat of 0 LBF&HMemo 0 Complaint letters (1 1) Ordinance 35,2004 0 Resolution 176,2004 (enlarged) Tract U-3 Date Prepared: August 10,2004 Meeting Date: September 7,2004 Ordinance 35,2004 Resolution 176,2004 EXECUTIVE SUMMARY The Sanctuary Homeowners Association desires a lake access through common property for maintenance purposes. The only common property available adjacent to the lake is a preserve with restrictive language. The petitioner request is to amend the PUD by converting a portion of the preserve into a less restrictive open space tract for a mulched pathway. City staff recommends approval because the lake maintenance is of high importance and no protected listed species are in harms way. BACKGROUND The subject site is within “The Sanctuary” Planned Unit Development (PUD). On November 4, 1993, the City Council approved ‘The Sanctuary” at Palm Beach Gardens through Ordinance 22, 1993, for 184 single-family detached and zero lot-line residential units on 82 acres. City Council approved the “The Sanctuary” PUD Plat No. 1 through Resolution 1 11, 1994, and “The Sanctuary” PUD Plat No. 2 through Resolution 112, 1994. Subsequently, the project was amended through Resolution 89, 1994, that allowed for a minor modification to the model home elevations and floor plans. The project was again amended through Resolution 66, 1996, which converted the upland preserve to a landscape tract and added a utility easement to the northwest comer, added an access easement to the wetland drainage structure in the northern wetland, and approved the mitigationhestoration plan for the preserves along the western and northern sections of the project that was subject to a code enforcement ruling. It was during the 1996 PUD amendment that City staff required some compensation for the loss of preserve acreage. Through the approval of Resolution 66, 1996, the replat of “The Sanctuary” PUD Plat No. 2 was required, which converted open space Tract “0-6” to the upland preserve Tract “U-3” that exists today. The replat was approved by Resolution 106, 1996. The amended site plan corrected some problems encountered by the developer during the construction of the Sanctuary, but it also created a new problem with lake access. The approved Sanctuary Site Plan indicates four 15-foot wide “Drainage Tracts.” Two “drainage tracts are for wetland preserve access and two “drainage tracts’ are for lake access. None of the four “drainage tracts” ever appeared on the approved plats for the Sanctuary. When the City required the replat of “0-6”, the City unintentionally restricted the use of the only common property owned by the Sanctuary HOA adjacent to the lake. The existing lake (Tract “L”) is surrounded by private residential lots and the HOA owned 0.81 acre upland preserve Tract “U-3.” Tract “U-3” is accessed off of Princewood Lane (previously known as Heatherwood Lane), and lies between lots #65 and #66. The proposed lake access tract through Tract “U-3” would allow the HOA to construct a pathway through the native Page 2 Date Prepared: August 10,2004 Meeting Date: September 7,2004 Ordinance 35,2004 Resolution 176,2004 vegetation fifteen (15) feet wide and two hundred (200) feet long in order to provide vehicle access to the five-acre lake. The proposed path will connect to the existing twenty (20) foot wide lake maintenance easement, which encompasses the lake, for weekly maintenance of the lake tract and potentially any larger lake maintenance needs. The proposed modification would revert part of the restricted upland preserve tract back to its original status of open space to allow vegetation to be removed for lake access. The proposed path has been field adjusted and surveyed roughly down the center of the preserve to minimize impacts to adjacent home owners and trees. No Oak trees are proposed to be removed with this alignment. No listed endangeredthreatened species were observed based on the HOA’s environmental assessment dated February 9, 2004. The City’s Environmental Consultant, Jim Schnelle, has reviewed the environmental assessment and has agreed with the assessment. The creation of the proposed pathway will not be detrimental to the preserve and could help with the management of the preserve. Due to the insignificant impact of the proposed pathway to Tract “U-3”, the applicant is not proposing any mitigation. The developer was originally required to preserve a minimum of 10.25 acres, which was 25% of the upland habitat based on the original environmental assessment of the site. The approved plats put the total upland preserve acreage at 15.61 acres. The platted upland preserve acreage is greater than the original site plan required. The proposed pathway acreage is 0.07 acre. The elimination of 0.07 acres of upland preserve will not reduce the upland preserve acreage below the City’s code requirement. The City and the Sanctuary HOA have received eleven (1 1) written objections to any alteration or any clearing of the preserve (attached) from Sanctuary residents including both property owners to either side of the preserve tract. City staff has been advised that one of those residents has filed a law suit against the HOA over the issue surrounding the proposed lake access tract. To address some of the residents’ concerns, the HOA is not planning to utilize the entire 15 feet for a pathway at this time, and it will be constructed of mulch. The proposed location and width of the lake access tract has been selected to minimize the destruction of trees and plants. Occasionally, the lake maintenance contractor needs to use a boat to control aquatic weeds. The HOA has stated that it intends to install a chain across the front of the path to restrict vehicular traffic, and place a sign within the path indicating that the path is “For lake maintenance access only. No dogs or pets allowed.” LAND USE AND ZONING The subject site has a zoning designation of Planned Unit Development Overlay with an underlying zoning of Residential Low (RL-2). The Land Use designation of the PUD is Page 3 Date Prepared: August 10,2004 Meeting Date: September 7,2004 Ordinance 35,2004 Resolution 176,2004 Residential-Low (RL). The subject site has a gross density of 2.25 units per acre, which is consistent with the underlying zoning. Please see attached Table 1 for details on surrounding properties. CONSISTENCY WITH COMPREHENSIVE PLAN The proposed amendment is consistent with the overall intent of the goals, objectives and policies of the City’s Comprehensive Plan. In this case, the best management practice requires the priority be given to improve the lake access rather than protect the fauna and flora since no listed species are in harms way. The following goals, objectives and policies indicate the specific consistency between the Comprehensive Plan and the proposed amendment: Infrastructure Element Goal 4.C.1.: Provide adequate city-wide drainage and stormwater management for all property in the City. Objective 6.1.9.: The City, through its consultants and staff, will establish the drainage facility improvements needed within the City and the priority thereof. Conservation Element Policy 6.1.2.1.: management practices are required. The City shall continue to maintain drainage regulations to ensure best CONCURRENCY The PUD already received concurrency during the PUD approval process. No operational traffic improvements are required as a result of the proposed PUD amendment. PROJECT DETAILS Site Access Pedestrian access and connectivity have been provided throughout the site through a system of sidewalks. The proposed lake access pathway through the preserve will connect the existing 20- foot wide lake maintenance easement to existing sidewalks within Princewood Lane right-of- way, which is adjacent to Tract U-3. This will allow for improved access to the upland preserve Page 4 Date Prepared: August 10,2004 Meeting Date: September 7,2004 Ordinance 35,2004 Resolution 176,2004 and lake amenities. The proposed access tract will also replace the two drainage tracts shown on the site plan, but never platted. Drain age The four 15-foot wide “drainage tracts” shown on the approved site plan do not exist. There are five 1 2-foot wide drainage easements platted on private property, which tie the lake to the overall water management system. These easements are dedicated to the HOA for drainage proposes, which is different than lake maintenance. The infrastructure located within the drainage easements are maintained by the HOA. These easements do not prohibit the property owners from fencing and landscaping their properties. The HOA has for the past eight years relied on property owners granting them permission for access to accomplish regular HOA lake area maintenance. The drainage easements are not intended for daily lake access by the HOA unless in association with drainage infrastructure repair work. According to the HOA, drainage pipes have been damaged when vehicles have used these easements in the past. According to a May 7, 2003 memorandum (attached) from Sean Donahue of LBF&H, Tract U-3 appears to be the most suitable location for the HOA to place the lake maintenance access. The proposed 15-foot wide access tract will replace the two approved 15-foot wide “drainage tracts” to the lake that were not platted. The other two 15-fOOt “drainage tracts” for access to the wetland preserves are no longer needed. PLANNING, ZONING & APPEALS BOARD On May 25, 2004, the Planning, Zoning and Appeals Board held a public hearing for this petition. The Board’s motion to recommend denial to City Council failed because the vote was three - three. There was no recommendation. STAFF RECOMMENDATION Section 78-563(d), entitled Access to lake maintenance tract, requires permanent means to access lakes and water bodies, acceptable to the City engineer, through platting. The minimum preserve requirements setforth in the City’s Land Development Regulations have been exceeded by 5.36 acres. Rather than eliminating the entire 0.81 acres from its current preserve land status, staff believes converting a small portion of this preserve to a more useful open space tract, which is necessary to facilitate the lake maintenance access, is the best alternative. The change of land use and potential impacts to the plant and wildlife environment are insignificant. The Sanctuary Planned Unit Development will benefit significantly with the addition of a lake access tract for drainage and lake maintenance operation. Page 5 Date Prepared: August 10,2004 Meeting Date: September 7,2004 Ordinance 35,2004 Resolution 176,2004 Staff recommends approval of Ordinance 35, 2004 and Resolution 176, 2004 with the following condition: 1. The lake access pathway shall not be constructed until the replat for Tract U-3 has been approved by the City Council and publicly recorded (City ForesterPlanning & Zoning). Page 6 Subiect Prooerty Residential Low (RL) Residential Low (RL) The Sanctuary PUD Planned Unit Development (PUD) Overlay N& Frenchman’s Creek DRVPCD Planned Community Development Residential Low (RL) (PCD) Overlay and Golf south Hood Road and Residential Frenchman Landing (County) (County Zoning - RS/SE) Residential (MR-5) West Frenchman’s Creek DRVPCD Planned Community Development Residential Low (RL) (PCD) Overlay and Golf East Crystal Point (County) Residential Residential (MR-5) (County Zoning - RS/SE) i’ , - a: ..,- 4 z m v . CONSULTING CIVIL ENGINEERS. SURVEYORS &MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS “Partners For Results Value By Design’’ 3550 S (772) 286-3883 Fax (772) 286-3925 www.lbfi.com MEMORANDUM TO: Mark Hendrickson FROM: Sean C. Donahue, P.E.W DATE: May 7,2003 FILE NO. 03-4293 SUBJECT: The Sanctuary PUD: Lake Maintenance Access Easement We have reviewed the following information for the referenced project received on April 29,2003: 0 Development Application 0 Sketch and Legal Description of Lake Maintenance Access Easement prepared by Land Matters Associates The Sanctuary Plat No. 1 as recorded in Plat Book 73, Pages 78 to 82 in the public records of Palm Beach County. 0 The Sanctuary Plat No. 2 as recorded in Plat Book 73, Pages 83 to 86 in the public records of Palm Beach County. 0 The Sanctuary-Replat of Tract “0-6” as recorded in Plat Book 77, Pages 117 to 11 8 in the public records of Palm Beach County. It is our understanding that The Sanctuary PBG HOA, Inc. desires to replat Tract “U-3” of The Sanctuary-Replat of Tract “0-6” plat to allow for the dedication of a 20-feet wide Lake Maintenance Access Easement through the tract. The HOA is desirous of ths easement to allow for the proper lake access for common lake and lake bank maintenance activities as well as those required during periods of emergency or duress (such as during or after a major storm event). Based on our review of the existing and previous plats of the development as listed above, there does not appear to be an existing, dedicated access to Lake Tract L. While 12-foot wide drainage easements are present throughout the plats, these easements are dedicated for drainage purposes only and not for lake maintenance activities. Further, the drainage easements are 12-feet wide and do not appear to ovide clear access to the lake for large equipment such as track hoes or grade alls would be used for lake reconstruction and large scale maintenance. Typically, commend easements ranging from 15 to 20 feet wide for these activities based he depth of the pipe and other factors. t U-3 appears to be the most suitable location for this tract since it is owned maintained by a single entity (the HOA). Therefore, we have no engineering cerns with allowing the Lake Maintenance Access Easement to be placed through Tract U-3. The Sanctuary PUD LBFH File No. 03-4293 Page 2 of 2 We have the following comments based on our review of the application and sketch and legal description: 1. The sketch shows the tract as Tract 0-6, presumably an Open Space Tract. The current plat of the land dedtcates this area as an Upland Preserve. We recommend providing a Lake Maintenance Access Tract along the same path as the easement and keeping the Upland Preserve on each side of the Lake Maintenance Access Tract. However, this option may require a replat of Tract u-3. 2. If the tract remains as an Upland Preserve, then the tract should continue to exclude the 10-feet wide Utility Easement as shown on the existing The Sanctuary-Replat of Tract "0-6" plat. If you have any questions or require addttional information, please do not hesitate to contact me at (772) 219-2828. cc: Talal Benothman Michael M. Gfesser, PA Attorney At Law October 28,2003 Mark I. Hendrickson, City Forester City Of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Re: Sanctuary Subdivision Upland Preserve Tract U-3 Dear Mark: I was able to visit a few of my neighbors over the weenend. Some o em were not a home. All of the neighbors that I-visited executed the attached letter, Not all of the residents are in favor of the Easement. Mr. Jensen and his wife who reside on the other side of the Preserve at 66 Princewood Lane were very upset that any parts of the Preserve were to be cut. They stated that they had no idea that this was planned and offered their assistance to me. I request that you take this into account as you move forward. Sincerely, 63 1 US Highway One, Suite 308 North Palm Beach, EL 33408 Telephone 561.882.1331 October 2003 TO: Sanctuary HOA Mark Hendrickson, City Forester Planning and Zoning Commission City Council, Palm Beach Gardens, FL I am a resident of the Sanctuary Subdivision. I object to any alteration or any clearing of the Preserve Tract U-3 located on Princewood Lane in the Sanctuary. I object to any removal or destruction of trees, shrubs or other vegetation and ' ADDRESS: Palm Beach Gardens. FL 33410 October 2003 TO: Sanctuary HOA Mark Hendrickson, City Forester Planning and Zoning Commission City Council, Palm Beach Gardens, FL I am a resident of the Sanctuary Subdivision. I object to any alteration or any clearing of the Preserve Tract U3 located on Princewood Lane in the Sanctuary. I object to any removal or destruction of trees, shrubs or other vegetation and desire the Preserve to remain as is. ADDRESS; q/ p/u;M4@d Palm Beach Gardens. FL 33410 October 2003 TO: Sanctuary HOA Mark Hendrickson, City Forester Planning and Zoning Commission City Council, Palm Beach Gardens, FL I am a resident of the Sanctuary Subdivision. I object to any alteration or any cleating of the Preserve Tract U-3 located on Princewood Lane in the Sanctuary. I object to any removal or destruction of trees, shrubs or other vegetation and desire the Preserve to remain as is. Palm Beach Gardens. FL 33410 October 2003 TO: Sanctuary HOA Mark Hendrickson, City Forester Planning and Zoning Commission City Council, Palm Beach Gardens, FL I am a resident of the Sanctuary Subdivision. I object to any alteration or any clearing of the Preserve Tract U3 located on Princewood Lane in the Sanctuary. I object to any removal or destruction of trees, shrubs or other vegetation and desire the Preserve to remain as is. BY ADDRESS: b+ //?a fJ00 Palm Beach Garden s. FL 33410 October 2003 TO: Sanctuary HOA Mark Hendrickson, City Forester Planning and Zoning Commission City Council, Palm Beach Gardens, FL I am a resident of the Sanctuary Subdivision. I object to any alteration or any clearing of the Preserve Tract U-3 located on Princewood Lane in the Sanctuary. I object to any removal or destruction of trees, shrubs or other vegetation and desire the Preserve to remain as is. ADDRESS: q5 Pr i’ncedocd L m. Palm Beach G ardens. FL 3341 0 October 2003 TO; Sanctuary HOA Mark Hendrickson, City Forester Planning and Zoning Commission City Council, Palm Beach Gardens, FL I am a resident of the Sanctuary Subdivision. I object to any alteration or any clearing of the Preserve Tract U-3 located on Princewood Lane in the Sanctuary. I object to any removal or destruction of trees, shrubs or other vegetation and desire the Preserve to remain as is. BY: // ADDRESS: Palm Beach Gardens. FL 33410 October 2003 TO: Sanctuary HOA Mark Hendrickson, City Forester Planning and Zoning Commission City Council, Palm Beach Gardens, FL 1 am a resident of the Sanctuary Subdivision. I object to any alteration or any clearing of the Preserve Tract U-3 located on Princewood Lane in the Sanctuary. I object to any removal M destrpction of trees, shrubs or other vegetation and desire the Preserve to remain as is. pp e 8 L33410 . October 2003 TO: Sanctuary HOA Mark Hendrickson, City Forester Planning and Zoning Commission City Council, Palm Beach Gardens, FL I am a resident of the Sanctuary Subdivision. I object to any alteration or any clearing of the Preserve Tract U-3 located on Princewood Lane in the Sanctuary. I object to any removal or destruction of trees, shrubs or other vegetation and desire the Preserve to remain as is. October 2003 TO: Sanctuary HOA Mark Hendrickson, City Forester Planning and Zoning Commission City Council, Palm Beach Gardens, FL I am a resident of the Sanctuary Subdivision. I object to any alteration or any clearing of the Preserve Tract U-3 located on Princewood Lane in the Sanctuary. I object to any removal or destruction of trees, shrubs or other vegetation and desire the Preserve to remain as is. ADDRESS:36-' t+k&.L&d )-fi Palm Beach Gardens. FL 33410 Andrew & Susan Paciocco 39 Princewood Lane Palm Beach Gardens, Florida 33410 561-625-0898 December 15,2003 Mr. Mark Hendrickson City Forester City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Re: Proposed Amendment - The Sanctuary Dear Mr. Hendrickson: We write to you today to voice our opposition to the proposed amendment related to the preserve area across the street from our residence located in the Sanctuary in Palm Beach Gardens. The preserve areas of our development as they exist today were a major part of our initial attraction to establishing our home in our lovely community. It is our understanding that the residents of the Sanctuary remain committed to maintaining the pristine natural habitat surrounding our homes. Surely, the City of Palm Beach Gardens required a provision in the original site plans allowing for lake access. We adamantly oppose further exploitation of the preserve and ask that the requirement of the original plans be enforced and fulfilled. Thank you for your consideration of our thoughts and opinion as your access the merit of the proposed amendment. Sincerely, < &ZONING r _- 1- I ~ CKYOFPBQ ,: DEC 1 8 2003 PLANNING- i- I DMSION , Date Prepared: August 16, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 35,2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING ORDINANCE 22, 1993 RELATINGTOTHESANCTUARYPLANNEDUNITDEVELOPMENT (PUD) TO TRANSFER THE MASTER PLAN APPROVAL AND RELATED CONDITIONS TO A SEPARATE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 4, 1993, the City Council adopted Ordinance 22, 1993, rezoning and approving the master site plan for a Planned Unit Development (PUD), including 184 single-family detached and zero lot-line residential units on an approximately 82-acre site, generally bounded by Hood Road to the south, and Frenchman’s Creek Planned Community District to the west and north; and WHEREAS, on August 18, 1994, the City Council adopted Resolution 11 1, 1994 and Resolution 11 2, 1994, thereby approving “The Sanctuary” PUD Plat No. 1 and Plat No. 2; and WHEREAS, Ordinance 22, 1993 provided that certain modifications to the PUD could be made by Resolution of the City Council; and WHEREAS, the City Council subsequently approved Resolution 66, 1996 amending Ordinance 22, 1993 that required the applicant to replat a portion of “The Sanctuary” PUD Plat No. 2 in order to change Tract 0-6 from open space status to preserve status; and WHEREAS, on July 18, 1996, the City Council adopted Resolution 106, 1996, thereby approving the Replat of Tract “0-6” to Tract “U-3”; and WHEREAS, the City has received a petition (PUD-03-02) from Sherry L. Hyman, Esq., on behalf of the Sanctuary Palm Beach Gardens Homeowners Association for approval of a master plan amendment; and WHEREAS, the Growth Management Department has reviewed and determined that said petition is sufficient; and WHEREAS, on May 25, 2004, the Planning, Zoning and Appeals Board held a public hearing on said petition; and WHEREAS, at that meeting, a motion to recommend denial was made, which motion failed by a vote of 3-3; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: August 16, 2004 Ordinance 35,2004 WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The provisions of Section 1 of Ordinance 22, 1993 are ratified and confirmed for the property, as more particularly described below: LEGAL DESCRIPTION THE SANCTUARY PLAT NO. 1 LYING AND BEING IN THE WEST ONE-HALF OF THE SOUTHWEST ONE- QUARTER OF SECTION 29, TOWNSHIP 41 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 73, PAGES 78 THROUGH 82 IN THE PUBLIC RECORDS OF PALM BEACH COUNTY. THE SANCTUARY PLAT NO. 2 LYING AND BEING IN THE WEST ONE-HALF OF THE SOUTHWEST ONE- QUARTER OF SECTION 29, TOWNSHIP 41 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 73, PAGES 83 THROUGH 86 IN THE PUBLIC RECORDS OF PALM BEACH COUNTY. CONTAINING 82 ACRES, MORE OR LESS. SECTION 2. Sections 2 - 11, inclusive, of Ordinance 22, 1993 are hereby transferred to Resolution 176, 2004. The remaining Sections 12 - 14, inclusive, of Ordinance 22, 1993 shall be renumbered accordingly. Any future amendments to the PUD and conditions of approval shall be accomplished by Resolution of the City Council. SECTION 3. This Ordinance shall become effective immediately upon adoption. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: August 16,2004 Ordinance 35, 2004 PASSED this day of , 2004, upon first reading. PASSED AND ADOPTED this day of ,2004, upon second and final reading. CITY OF PALM BEACH GARDENS FOR BY: Eric Jablin, Mayor AGAINST ABSENT Joseph Russo, Vice Mayor Annie Marie Delgado, Councilmember David Levy, Councilmember ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney J d G:\attorney-share\ORDlNANCES\zoning amendment to the sanctuary - ord 35 2004.doc 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Resolution 176, 2004 Date Prepared: August 16, 2004 RESOLUTION 176,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE SANCTUARY PLANNED UNIT DEVELOPMENT (PUD) LOCATED ON THE NORTH SIDE OF HOOD ROAD APPROXIMATELY 1,500 FEET WEST OF PROSPERITY FARMS ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 4,1993, the City Council approved Ordinance 22,1993, thereby approving 184 single-family detached and zero lot-line units on 82 acres; and WHEREAS, the City has received a request (PUD-03-02) by Sherry Hyman, Esq., agent for The Sanctuary PBG Homeowners Association, for approval of an amendment to the Sanctuary PUD to allow for a fifteen-foot wide lake access tract through Tract “U-3” of the Sanctuary PUD Plat No. 2, and to eliminate four fifteen-foot wide drainage tracts; and WHEREAS, these amendments relate to the PUD approval and do not affect the zoning of the property; and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is sufficient; and WHEREAS, on May 25, 2004, the Planning, Zoning and Appeals Board held a public hearing on said petition; and WHEREAS, at that meeting, a motion to recommend denial was made, which motion failed by a vote of 3-3; and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is 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 recitals are hereby affirmed and ratified. Resolution 176, 2004 Date Prepared: August 16, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 2. The Planned Unit Development amendment for The Sanctuary Planned Unit Development is hereby APPROVED on the following described real property to allow for one fifteen-foot wide lake access tract through Tract “U-3” of the Sanctuary PUD Plat No. 2, and to eliminate four fifteen-foot wide drainage tracts, as more particularly described herein, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION THE SANCTUARY PLAT NO. 1 LYING AND BEING IN THE WEST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SECTION 29, TOWNSHIP 41 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 73, PAGES 78 THROUGH 82 IN THE PUBLIC RECORDS OF PALM BEACH COUNTY. THE SANCTUARY PLAT NO. 2 LYING AND BEING IN THE WEST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SECTION 29, TOWNSHIP 41 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 73, PAGES 83 THROUGH 86 IN THE PUBLIC RECORDS OF PALM BEACH COUNTY. CONTAINING 82 ACRES, MORE OR LESS. SECTION 3. Said Planned Unit Development amendment is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors, or assigns: 1. Petitioner shall pay to the City of Palm Beach Gardens, Florida a recreational impact fee of One Hundred Fifty Thousand Dollars ($1 50,000.00) as follows: one-half (112) of the recreational impact fee or the sum of Seventy-Five Thousand Dollars ($75,000.00) shall be paid to the City prior to the issuance of the first building permit; the balance of the recreational impact fee or the sum of Seventy-Five Thousand Dollars ($75,000.00) shall be paid to the City prior to the issuance of the ninety-third (93rd) building permit. All impact fees in place at the time of the first building permit shall be paid at that time. 2. A northbound left-turn lane onto Flamingo Road from Prosperity Farms Road shall be constructed prior to the issuance of the first Certificate of Occupancy. 3. The construction of the Flamingo Road extension as shown on the approved Master Development Plans shall be constructed, landscaped, irrigated, and open to the public prior to the issuance of first Certificate of Occupancy. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 4. 5. 6. 7. 8. 9. 10. Resolution 176, 2004 Date Prepared: August 16,2004 The trunks of all new laurel oaks shall be positioned at least twelve (12) feet from any Seacoast Utility Authority water and wastewater lines. Prior to clearing or construction, trees designated for preservation shall be tagged. Prior to land clearing, the developer shall erect and maintain protective barriers around the drip line of the trees to be protected. All work shall be inspected and approved by the Landscape Architect of Record and City Forester prior to the issuance of any Building Department permit requiring land clearing. Section 153.50 (Tree Protection) Paragraphs B, C, and D shall also be enforced during construction. All tree protection/relocation and landscape work shall be performed using current professional landscaping standards. The Landscape Architect of Record shall monitor all tree protection efforts, all tree relocation work, all landscaping work, and any work that affects the outcome of the approved landscaping plans. The Landscape Architect of Record shall notify the City prior to any modifications to the approved Landscape Plan. All trees designated for preservation that die during construction or because of construction practices shall be replaced using the following schedule: for every inch of tree caliper lost, three (3) inches of new tree caliper shall be replaced with like specie. The minimum replacement tree shall be three (3) inches in diameter. Palms shall be replaced with like specie, one-for-one with minimum ten (1 0) feet height. If the site cannot support the total number of replacement trees as required above, City Council may permit the developer to donate excess trees to the City for planting on public lands. Prior to the issuance of the Certificate of Occupancy, the Landscape Architect of Record shall certify in writing to the City that the landscaping has been completed per the approved Landscape Plans. Any changes to the approved Landscape Plans shall be approved by the Planning, Zoning and Appeals Board or City Council. Once the City has the certified letter from the Landscape Architect, the City Forester shall inspect the site for compliance. Once compliance has been confirmed by the City Forester, the City Building Department shall be notified. Street trees and sidewalks and all associated lot landscaping and any common area landscaping adjacent to said lot shall be installed prior to the Certificate of Occupancy of said lot. Prior to final sign-off, the Landscape Architect of Record shall inspect and certify that all required landscaping is in compliance with the approved Landscape Plans. The City Forester shall approve (sign off) on these areas as they are completed. Per Section 153.20 of the City’s Landscape Code, all new landscaping, including along Flamingo Road, shall be one hundred percent (100%) irrigated. 3 Resolution 176, 2004 Date Prepared: August 16, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 11. 12. 13. 14. 15. 16. 17. 18. The five (5) foot concrete sidewalk within the development shall be constructed prior to the issuance of the Certificate of Occupancy of the adjacent lot. The construction of the entire sidewalk system shall be completed prior to the issuance of the final Certificate of Occupancy. The applicant shall flag and survey wetland areas to be impacted by review by regulatory agencies and the Department at the time of environmental permit application . The applicant shall file environmental permit applications with USACOE, PBC, DERM, DEP, and SFWMD and provide findings to the Department for reference and review prior to approval of construction drawings or commencement of land alteration, whichever occurs first. The applicant shall use extreme caution when filling in and around trees and preservation areas to ensure the protection of the root zone and canopy drip lines area. No changes in pH and topographyldrainage may result in disturbance or destruction of the preserve area. Protection of trees, preserve, and buffer areas shall be monitored by applicant’s landscape architect and/or environmental consultant during land alternationlconstruction activities. The proposed project shall be micro-sited to ensure the protection of trees, listed plant and animal species, ensure that the highest quality wetlands and uplands are preserved intact, and ensure that an adequate buffer is maintained around all preserved wetlands. Certification shall be required from the applicant’s landscape architect andlor environmental consultant stating the highest quality trees, preserve and buffer areas and all listed plant and animal species have been maintained on site within a functional ecosystem. This certification shall be submitted prior to commencement of land al te rnationlconstru ction . There shall be a maximum building height restriction of thirty-two (32) feet for Lots 58 through 84, inclusive. An eight (8) foot wide concrete pathway shall be constructed along the north right-of-way line from Prosperity Farms Road to the most westerly end of Flamingo Road. All condominium documents, homeowner documents, and restrictions shall be furnished by the petitioner to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County, Florida. 4 Resolution 176, 2004 Date Prepared: August 16, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 19. 20. 21. 22. 23. 24. Prior to the recording of the plat, the petitioner shall provide the City with a performance bond, letter of credit, or escrow agreement in a form approved by the City in a sum of money prescribed by the City and shall be posted with the City of Palm Beach Gardens to assure the completion of the infrastructure, including on-site roadways, drainage, and utility improvements required for the Planned Unit Development and common and project landscaping/buffer and entry feature. From time to time, as improvements are completed and approved by the City, the amount of the performance bond, letter of credit, or escrow agreement shall be reduced by a proportionate amount. Upon completion of all on-site roadway, drainage, and utility improvements required for the Planned Unit Development, the City shall release said performance bond, letter of credit, or escrow agreement. The infrastructure shall be completed within four (4) years from the effective date of this Ordinance. The Petitioner, for good cause shown, may obtain an extension of two (2) additional years to complete the infrastructure shown by approval by subsequent Resolution without necessity of advertisement or public hearing. The development of the Planned Unit Development shall be commenced within three (3) years from the effective date hereof; provided, however, petitioner may obtain an extension of one (1 ) additional year to commence the first phase for good cause shown by approval by subsequent Resolution without necessity of advertisement or public hearing. If petitioner fails to commence development as required, the Planned Unit Development shall remain until such time as the petitioner secures renewal or amendment of development, which renewal or amendment shall be in the discretion of the City Council. Modifications to the Planned Unit Development that are determined to be minor by the City Council may be approved by subsequent Resolutions without the necessity of review by the Planning, Zoning and Appeals Board, advertisement, or public hearing. All references to petitioner and/or developer, together with all requirements of this Ordinance, shall apply to and be binding upon the successors and assigns. No Building Permit for the Planned Unit Development shall be issued until the drainage and paving plans shall be approved by the City Engineer and all other building requirements of the City of Palm Beach Gardens Code and requirements of other governmental agencies, if necessary, shall be met. Petitioner, prior to the issuance of the first Building Permit within the Planned Unit Development, shall deliver to the City a Unity of Control or Unity of Title in requisite form to be approved by the City Attorney, requiring the lands I' to be developed described in Plats 1 and 2 of the Sanctuarv PUD in accordance with this Resolution fJ&bawe. * * I1 5 Resolution 176, 2004 Date Prepared: August 16, 2004 1 2 3 Palm Beach Countv. (Citv Forester & Planninq & Zoninq) 4 5 6 25. The lake access pathway shall not be constructed until the replat for Tract “U- 3’’ has been approved bv the Citv Council and recorded in the public records of SECTION 4. Said Planned Unit Development shall be constructed in compliance with the following plans on file with the City’s Growth Management Department: 7 8 1. 9 10 11 12 2. 13 14 15 3. 16 17 18 19 4. 20 21 22 23 5. 24 25 Site plan dated July 7, 1993, prepared by Land Design South, consisting of one sheet marked Sheet 1 of 4. Typical Entry Plan & Section Buffer & Lighting, dated July 6,1993, prepared by Land Design South, consisting of one (1) sheet marked Sheet 2 of 4. Typical Residential Unit, One Story, Landscape Plans, dated August 16,1993, prepared by Land Design South, consisting of one (1) sheet marked Sheet 3 of 4. Typical Residential Unit, Two Story, Landscape Plans, dated August 9, 1993, prepared by Land Design South, consisting of one (1) sheet marked Sheet 4 of 5. Elevation Plans, dated May 20,1993, and August 16,1993, prepared by Puke Home Corporation, consisting of eighteen (1 8) sheets. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 6. SECTION 5. All future amendments to The Sanctuary Planned Unit Development Site Plan, stamp dated August 6, 2004, showing 15’ access tract. shall be approved by resolution. applicant or applicant’s agents at any workshop or public hearing. SECTION 6. This approval shall be consistent with all representations made by the SECTION 7. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank.) 6 Resolution 176,2004 Date Prepared: August 16, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of ,2004. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABL N VICE MAYOR RUSSO COUNCILMEMBER DELGADO COUNCILMEMBERLEVY AYE NAY ABSENT \\Pbgsfile\Attorneybttorney-share\RESOLUTlONS\sanctuary - reso 176 2004.doc 7 November 1, 1993 October 27, 1993 October 15, 1993 ORDINANCE 22, 1993 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT KNOWN AS "THE SANCTUARY" CONSISTING OF 184 SINGLE-FAMILY DETACHED AND ZERO LOT-LINE RESIDENTIAL HOMES ON CERTAIN LANDS LOCATED WITHIN THE CITY OF PALM BEACH GARDENS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE PART HEREOF; SAID LANDS DESCRIBED THEREIN SHALL BE DEVELOPED IN ACCORDANCE WITH THE SITE PLAN AND OTHER PLANS AS SET FORTH IN THIS ORDINANCE; PROVIDING PAYMENT OF A RECREATIONAL IMPACT FEE TO THE CITY; PROVIDING ADDITIONAL SPECIFICATIONS, REQUIREMENTS AND CONDITIONS TO BE COMPLIED WITH BY PETITIONER; PROVIDING FOR REVIEW AND APPROVAL OF CONDOMINIUM OR HOMEOWNERS' DOCUMENTS BY THE CITY ATTORNEY; SETTING FORTH REQUIREMENTS TO BE MET BY THE PETITIONER INCLUDING POSTING OF A PERFORMANCE BOND, LETTER OF CREDIT OR ESCROW AGREEMENT FOR COMPLETION OF THE INFRASTRUCTURE; PROVIDING FOR TIME OF COMMENCEMENT FOR THE PLANNED UNIT DEVELOPMENT; PROVIDING PROCEDURE FOR MODIFICATIONS TO THE PLANNED UNIT DEVELOPMENT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, does hereby create a Planned Unit Development known as "THE SANCTUARY" consisting of 184 single-family detached and zero lot-line residential homes upon the lands described in Exhibit "A" attached hereto and made a part hereof. Section 2. Development under this Planned Unit Development shall be in accordance with and subject to the Site Plan and other plans as follows: 1. Site plan dated July 7, 1993, prepared by Land Design South, consisting of one sheet marked Sheet 1 of 4. Typical Entry Plan L Section Buffer & Lighting, dated July 6, 1993, prepared by Land Design South, consisting of one (1) sheet marked Sheet 2 of 4. Typical Residential Unit, One Story, Landscape Plans, dated August 16, 1993, prepared by Land Design South, consisting Of one (1) sheet marked Sheet 3 of 4. Typical Residential Unit, Two Story, Landscape Plans, dated August 9, 1993, prepared by Land Design South, consisting of one (1) sheet marked Sheet 4 of 4. 5. Elevation Plans, dated May 20, 1993, and August 16, 1993, prepared by Pulte Home Corporation, consisting of eighteen (18) sheets. 2. 3. 4. Section 3. Petitioner shall pay to the City of Palm Beach Gardens, Florida, a recreational impact fee of ONE HUNDRED FIFTY THOUSAND ($150,000.00) U.S. DOLLARS as follows: ONE-HALF (1/2) of the recreational impact fee or the sum of SEVENTY-FIVE THOUSAND ($75,000.00) U.S. DOLLARS shall be paid to the City prior to issuance of the first building permit; the balance of recreational impact fee or the sum of SEVENTY-FIVE THOUSAND ($75,000.00) U.S. DOLLARS shall be paid to the City prior to the issuance of the ninety-third (93rd) building permit. All impact fees in place at the time of the first building permit shall be paid at that time. Section 4. Petitioner shall be subject to and shall comply with the following additional specifications, requirements and conditions: 1. A northbound left-turn land onto Flamingo Road from Prosperity Farms Road shall be constructed prior to issuance of the first Certificate of Occupancy. -2- i i 4 I v v 2. The construction of the Flamingo Road extension as shown on the approved Master Development Plans shall be constructed, landscaped, irrigated and open to the public prior to the issuance of first Certificate of Occupancy. 3. The trunks of all new laurel oaks shall be positioned at least twelve (12) feet from any Seacoast Utility Authority water and wastewater lines. 4. Prior to clearing or construction, trees designated for preservation shall be tagged. Prior to land clearing, the developer shall erect and maintain protective barriers around the drip line of the trees to be protected. All work shall be inspected and approved by the Landscape Architect of Record and City Forester prior to the issuance of any Building Department permit requiring land clearing. Section 153.50 (Tree Protection) Paragraphs B, C and D shall also be enforced during construction. 5. All tree protection/relocation and landscape work shall be performed using current professional landscaping standards. The Landscape Architect of Record shall monitor all tree protection efforts, all tree relocation work, all landscaping work and any work that affects the outcome of the approved landscaping plans. The Landscape Architect of Record shall notify the City prior to any modifications to the approved Landscape Plan. 6. All trees designated for preservation that die during construction or because of construction practices shall be replaced using the following schedule: For every inch of tree caliper lost, three (3) inches of new tree caliper shall be replaced with like specie. The minimum replacement tree shall be three (3) inches in diameter. Palms shall be replaced with like specie one for one with minimum ten (10) feet height. If the site cannot support the total number of replacement trees as required above, City Council may permit the developer to donate excess trees to the City for planting on public lands. Prior to the issuance of the Certificate of Occupancy the Landscape Architect of Record shall certify in writing to the City that the landscaping has been completed per the approved Landscape Plans. Any changes to the approved Landscape Plans shall be approved by the Planning and Zoning Commission or City Council. Once the City has the certified letter from the Landscape Architect, the City Forester shall inspect the site for compliance. Once compliance has been confirmed by the City Forester, the City Building Department shall be notified. 7. -3- 4 8. Street trees and sidewalks and all associated lot landscaping and any common area landscaping adjacent to said lot shall be installed prior to the Certificate of Occupancy of said lot. Prior to final sign-off, the Landscape Architect of Record shall inspect and certify that all required landscaping is in compliance with the approved Landscape Plans. The City forester shall approve (sign-off) on these areas as they are completed. 9. Per Section 153.20 of the City's Landscape Code, all new landscaping, including along Flamingo Road, shall be one hundred (1002) per cent irrigated. 10. The five (5) foot concrete sidewalk within the development shall be constructed prior to the issuance of the Certificate of Occupancy of the adjacent lot. The construction of the entire sidewalk system shall be completed prior to the issuance of the final Certificate of Occupancy. 11. The applicant shall flag and survey wetland areas to be impacted by review by regulatory agencies and the Department at the time of environmental permit application. 12. The applicant shall file environmental permit applications with USACOE, PBC, DEW, DEP and SFWMD and provide findings to the Department for reference and review prior to approval of construction drawings or commencement of land alteration, whichever occurs first. 13. The applicant shall use extreme caution when filling in and around trees and preservation areas to ensure the protection of the root zone and canopy drip lines area. No changes in pH and topography/drainage may result in disturbance or destruction of the preserve area. Protection of trees, preserve and buffer areas shall be monitored by applicant's landscape architect and/or environmental consultant during land alternation/construction activities. \ 14. The proposed project shall be micro-sited to ensure the protection of trees, listed plant and animal species, ensure that the highest quality wetlands and uplands are preserved intact and ensure that an adequate buffer is maintained around all preserved wetlands. Certification shall be required from the applicant's landscape architect and/or environmental consultant stating the highest quality trees, preserve and buffer areas and all listed plant and animal species have been maintained on-site within a functional ecosystem. This certification shall be submitted prior to commencement of land alternation/construction. -4- 1 i 15. There shall be a maximum building height restriction of thirty-two (32) feet for Lots 58 through 84, inclusive. 16. An eight (8) foot wide concrete pathway shall be constructed along the north right-of-way line from Prosperity Farms Road to the most westerly end of Flamingo Road. Section 5. All condominium documents, homeowner documents and restrictions shall be furnished by the Petitioner to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County, Florida. Section 6. Prior to the recording of the plat, the petitioner shall provide the City with a performance bond, letter of credit or escrow agreement in a form approved by the City in a sum of money prescribed by the City and shall be posted with the City of Palm Beach Gardens to assure the completion of the infrastructure including on-site roadways, drainage and utility improvements required for the Planned Unit Development and common and project landscaping/buffer and entry feature. From time to time as improvements are completed and approved by the City, the amount of the performance bond, letter of credit or escrow agreement shall be reduced by a proportionate amount. Upon completion of all on-site roadway, drainage and utility improvements required for the Planned Unit Development, the City shall release said performance bond, letter of credit or escrow agreement. The infrastructure shall be completed within four (4) years from effective date of this Ordinance. The Petitioner, for good cause shown, may obtain an extension of two (2) additional years to complete the infrastructure shown by approval by subsequent resolution without necessity of advertisement or public hearing. Section 7. The development of the Planned Unit Development shall be commenced within three (3) years from the effective date -5- i ii hereof; provided, however, Petitioner may obtain an extension of one (1) additional year to commence the first phase for good cause shown by approval by subsequent Resolution without necessity of advertisement or public hearing. If Petitioner fails to commence development as required, the Planned Unit Development shall remain until such time as the Petitioner secures renewal or amendment of development, which renewal or amendment shall be in the discretion of the City council. Section 8. Modifications to the Planned Unit Development that are determined to be minor by the City Council may be approved by subsequent Resolutions without the necessity of review by the Planning and Zoning commission, advertisement or public hearing. Section 9. All references to Petitioner and/or Developer, together with all requirements of this Ordinance shall apply to and be binding upon the auccessors and assigns. Section 10. No Building Permit for the Planned Unit Development shall be issued until the drainage and paving plans shall be approved by the City Engineer and all other building requirements of the City of Palm Beach Gardens Code and requirements of other governmental agencies, if necessary, shall be met. -6- i i Section 11 . Petitioner, prior to the issuance of the first Building Permit within the Planned Unit Development, shall deliver to the City a Unity of Control or Unity of Title in requisite form to be approved by the City Attorney, requiring the lands described in Exhibit "A" to be developed in accordance with this Ordinance. Section 12. If any part or portion of this Ordinance is found to be void or defective, the remainder of the Ordinance shall continue in full force and effect. Section 13. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 14. This Ordinance shall take effect immediately upon passage. INTRODUCED ON FIRST READING THIS zhf- DAY OF OCTOBER, 1993 PLACED ON SECOND READING THIS PASSED AND ADOPTED,.,THIS THE Lph DAY OF /!bh+hb , 1993. ',' ,/ 4 VICE MAYOR MONROE COUNCILMAN CLARK ATTEST: A &n2& X/&&# HNDX v. KOSIER, CITY CLER~ -7- i f VOTE : Y , MAYOR RUSSO - VICE MAYOR MONROE - COUNCILMAN JABLIN - COUNCILWOMAN FURTADO - COUNCILMAN CLARK - I c / - NAY - ABSENT ~ - ~~ ~~ . -- - EXHIBIT "A" L' ORDINANCE 22, 1993 - EXACT <GAL DESCRIPTION OF THE SUWECZ PROP- (Attacn lr insurficient space) / West half of Southwest Quarter of Section 29, Township 41 South, Range 43 East, Palm Beach County, Florida, SUBJECT to a road right-of- way over the South 40 feet thereof. LOCATION The subject property is located approximately + West mile(s) from the intersection of Properitv Farms Road and FlaminRO Road , on the (north, east, south, west) side &r p rooosed Hood Road street. Property Control No.(s) of the subject parcel(s) i 52-43-41-29-00-000-7020 i a , i CIT December 20, 1993 Tim Hernandez Vice President Pulte Home Corporation Suite 200 1350 E. Newport Center Drive Deerfield Beach, FL 33442 Dear Mr. Hernandez: Enclosed please find a copy of Ordinance 22, 1993, approving The Sanctuary PUD. Ordinance 22, 1993 was approved by the City Council at their Regular Meeting of November 4. 1993. Sincerely, &A- $ Exa M. Rief Deputy City Clerk Enclosure: As Stated c i RESOLUTION 111, 1994 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE PLAT OF THE SANCTUARY, PLAT NO. 1, AS APPROVED BY ORDINANCE 22, 1993, CONSISTING OF FIVE SHEETS PREPARED BY BENCHMARK LAND SURVEYING AND MAPPING AND DATED AUGUST, 1994; AND, DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE MYLAR OF SAID PLAT; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. On behalf of the City of Palm Beach Gardens, Florida, the Mayor and City Clerk are hereby directed to execute the mylar of the Plat of “THE SANCTUARY“ PUD, Plat No. 1, as approved by Ordinance 22, 1993. Said Plat consists of five (5) sheets and prepared by Benchmark Land Surveying and Mapping dated August, 1994. Section 2. This Resolution shall be effective upon date of passage. INTRODUCED, PASSED AND ADOPTED THIS THE ‘. DAY OF /,I.,/!, 1994. MAYOR DAVID W. CLARK ATTEST: LINDA V. KOSIER, CMC, CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. ! ; 4ccc “’* ( /(I. , ‘ut (‘.’ // / BY: -. -“>si. CITY ATTORNEY i CITY OF PALM BEACH GARDENS 10600 N. MILITARY TRAIL PAul BE&CH - MRlDA -1- EachcdplcaScfindacopgotRcsdrrMlP . 111,19w,*u*thc PZMofthe sanctpnty, -No. 1 asappdved by Ordbncc 22 1993, anddbctingtbe Mayor ad City Clcxk to execute the Myiar of said Plat; and Rcrdmion 212,1994, approviug the Plait ofthe saactparg, Plat No. 2, and directing thc Mdyor and City Clerk to atcute thc Mylar of said Plat. Sincerely, I'& 44Ly Cindy Harvey Acting Deputy City CIerk Enciosurc - As stated *. RESOLUTION 112, 1994 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE PLAT OF THE SANCTUARY, PLAT NO. 2, AS APPROVED BY ORDINANCE 22, 1993, CONSISTING OF FOUR SHEETS PREPARED BY BENCHMARK LAND SURVEYING AND MAPPING AND DATED AUGUST, 1994; AND, DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE MYLAR OF SAID PLAT; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The Mayor and City Clerk are hereby authorized on behalf of the City of Palm Beach Gardens, Florida, to execute the mylar of the Plat of "THE SANCTUARY" PUD, Plat No. 2, as approved by Ordinance 22, 1993. Said Plat consists of four (4) sheets and prepared by Benchmark Land Surveying and Mapping dated AUCJUSt, 1994. Section 2. This Resolution shall be effective upon date of passage. INTRODUCED, PASSED AND ADOPTED THIS THE . .' DAY OF Ic(;;,LJ; 1994. f i . ' -'. ! L 1 a,! , ',rJ -, L!.c .- L MAYOR DAVID W. CLARK ATTEST : LINDA V. KOSIER, CMC, CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. BY: L '! a ! I !i, I /c . he{. L., ;I>>+ CITY ATTORNEY CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GAR- MRaM XWQ- w. Tim Hcmandcz 1350 E. Newport Center Drive, Suite 200 Deerfield Beach, Florida 33442 Puite Home Corporation Dear Mr. Hcrnaadcz:: Encld plcase fbda copy 0fRWdutian lll,lW, approving the Plat of the sancluary, Plat No. 1 as approved by (hdinancc 25 1993, and dkecting the Mayor and City Clerk to execute the Mylar of said Plat; and Resolution 112, 1994, approving the Plat of the Sanctuary, Plat No. 2, and directing the Mayor and City Clerk to execute the Mylar of said Plat. Resolution 111,1994 and Resolution 112,1994 were approved by the City Council at thcir Regular Meeting of August 18,1994. Sincerely, f+ 4420 y Cindy Harvey Acting Deputy City Clerk I i 1 April 11,1996 WOLUTION 66,1996 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING THE SANCTUARY PLANNED UNIT DEVELOPMENT, APPROVED ON NOVEMBER 4, 1993 BY ORDINANCE 22, 1993, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the petitioner has requested an amendment to the Sanctuary Planned Unit Development, by adding a utility easement and a landscape tract to the northwest comer, adding an easement to access the northern wetland drainage structure, and requesting approval for a mitigation/restoration plan for areas within upland and wetland preserves along the western and northern sections of tbe project; and WHEREAS, the amendment is consistent with the City's Comprehensive Plan; and WHEREAS, the amendment is consistent with the City's Land Development Regulations. NOW, THEREWIRE, BE IT RESOLVED BY THE CITY COUNCIL OF THE ClTY OF PALM BEACH GARDFSJS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves an amendment to the Sanctuary Planned Unit Development, by adding a utility easement and landscape tract to the northwest comer, adding an easement to access the northern wetland drainage @ucture, and a mitigatiodrestoration plan for areas within upland and wetland preserves along the western and northem sections of the project. Section 2. Said amendments shall be in accordance with the plans on file in the City's Planning and Zoning Department as follows: 1. 2. 4. 5. 6. 7. I 3. a. April 10, 1996, The Sanctuary Site Plan by Land Design South. 1 Sheet. February 5,1996, The Sanctuary Existing Conditions by Land Design South. 1 Sheet. February 5,1996, The Sanctuary Detail Plan by Land Design South. 1 Sheet. February 5,1996, The Sanctuary Overall Construction Plan by Land Design South. 1 Sheet. April 10,1996, 'zhe Sanctuary Habitat Cross Sections by Land Design South. 1 Sheet. December 19,1995, The Sanctuary Typical 100 Foot Elevation. January 23,1996, Survey of a Landscape Berm Encroachment Sanctuary Plat 2 by Bench Mark. 1 Sheet. January 20,1996, The Sanctuary Paving and Drainage Plan by Schaefer and Fagan. 7 Sheets. 9. 10. December 4,1995, Tbe Sanduary Preserve Area Contour Plan by Schaefer and Fagan. 3 sheets. January 22,1996, The Sanctuary Buffer Mitigation Construction Time Schedule by Land Dcsign South. 1 Sheet. Section 3. The following conditions shall apply: 1. The replat of the Sanctuary No. 2 shall be approvcd by City Council prior to the issuance of any Building Permit for Lots 148 through 152. 2. Tract 0-6 shall be replatted to change the tract from open space status to preserve status. This replat shall be approved by City Council prior to the Certificate of Occupancy of platted Lots 64 through 67. 3. When the mitigation/restoration work is finished, the petitioners Engineer and Environmental Consultants shall certify in writing to the City that the site work and landscapiag were installed per the approval. The last Cextificate of Occupancy shall not be issued until this condition has been met. 4. The landscaping shall be WarrantWguaranteed for one year by thc petitioner from the date the city accepts Certification. 5. The applicant shall provide a copy of the executed drainage easements required between Lot 163 and 164 and between 159 and 160 prior to the Certificate of Occupancy of the lothouse on which the easement is within. Section 3. This Kesolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS ATITST: LINDA V. KOSIER, CMC, CITY CLERK LEGAL SUFFICIENCY *Y VOTE. MAYOR RUSSO VICE MAYOR EURTADO J COUNCILWOMAN MONROE b, --- -- -- ~ --- COUNCILMAN JABLlN Y COUNCILMAN CLARK Y -- b CITY OF PALM BEACH GARDENS lo500 N. MIWARY TRAIL PIlM BEACH GARDENS. -IDA 3341s- April 19,1996 Mr. Robert Bentz Laad Design South 1280 Nonhlake Boulevard Palm Beach Gardems, Florida 33409 Dear Mr. Bentz: Enclosed is a copy of Resolution 66,1996, amending the Sanctuary PUD, approved on November 4, 1993 by Ordinance 22,1993, proid4 for an &&ve date. Resolution 66,1996 was approved at the City Council Regular meeting on April 18, 1996. Sincerely, Cindy e+* Harvey Deputy City Clerk Enclosure: As Stated July 11, 1996 RESOLUTION 106, 1996 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE SANCTUARY REPLAT OF TRACT "0-6". WHEREAS, the City Engineer has reviewed an application to approve the Sanctuary Replat of Tract "0-6". WHEREAS, the City Engineer has determined that the proposed Replat meets all of the technical requirements of the City's Land Development Regulations and Chapter 177, F.S. and recommends the approval of the Replat; and WHEREAS, the Replat is consistent with the City's Comprehensive Plan and LDRs; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Sanctuary Replat of Tract "0-6", consisting of two (2) sheets dated June 1996, prepared by Bench Mark Land Surveying and Mapping, Inc. attached hereto as Exhibit "A". Section 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS ATTEST: APPROVED AS TO LEGAL FORM LINDA V. KOSIER, CMC, CITY CLERK AND SUFFICIENCY VOTE: NAX ABSENT MAYOR RUSSO J VICE MAYOR FURTADO COUNCILWOMAN MONROE J COUNCILMAN JABLIN COUNCILMAN CLARK --- -- --- I i I I I i I 1 ! i I I ! I I I I ! I I i i I I I I I I 3 CITY OF PALM BEACH GARDENS lo500 N. MILITARY TRAIL PALM BEACH GARDENS, -IDA 3341- July 22,1996 Mr. Timothy Hernandez Pulte Home Corporation 1350 E. Newport Center Drive, Suite 200 Deerfield Beach, Florida 33442 Dear Mr. Hernande’i: Enclosed is a copy of Resolution 105,1996, ai roving the Replat of Sanctuary Tracts “U-2”, and Resolution 106,1996, approving the Replat of Sanctuary Tract “0-6“. Resolutions 105 and 106,1996 were approved at the City Council Regular meeting on July 18,1996. Sincerely, Cindy Harvey Deputy City Clerk Enclosure: As Stated July 11, 1996 RESOLUTION 105, 1996 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE SANCTUARY REPLAT OF TRACTS "U-2". WHEREAS, the City Engineer has reviewed an application to approve the Sanctuary Replat of Tracts "U-2". WHEREAS, the City Engineer has determined that the proposed Replat meets all of the technical requirements of the City's Land Development Regulations and Chapter 177, F.S. and recommends the approval of the Replat; and WHEREAS, the Replat is consistent with the City's Comprehensive Plan and LDRs; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Sanctuary Replat of Tracts "U-2", consisting of three (3) sheets dated June 1996, prepared by Bench Mark Land Surveying and Mapping, Inc. attached hereto as Exhibit "A". Section 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS /&AY OF JO ATTEST: APP~~OVED AS TO LEGAL FORM LINDA V. KOSIER, CMC, CITY CLERK AND SUFFICIENCY BY: &&&+ v U VOTE: BYE NAY ABSENT J MAYOR RUSSO J VICE MAYOR FURTADO J COUNCILWOMAN MONROE COUNCILMAN JABLIN r/ /- - COUNCILMAN CLARK --- --- --- --- .I I CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: July 29,2004 Meeting Date: September 7,2004 Ordinance: 33,2004 SubjecVAgenda Item: Second Reading of Ordinance 33, 2004, amending the Fiscal Year 2003/2004 Budget. [XI Recommendation to APPROVE 1 ] Recommendation to DENY Reviewed by: City Atto ey . Department Director Originating Dept. : Advertised: Second Rdng Date: 8/24/04 Paper: The Palm Beach Post [ ] Not Required Affected parties [XI Notified [ 3 Not required costs: !$ -0- (Total) $ Current FY Funding Source: [ 3 Operating [ ] Other Budget Acct.#: Council Action: [ 3 Approved [ ]Approved w/ conditions [ ]Denied [ 1 Continued to: Attachments: 0 Ordinance 33, 0 Exhibit “1” 0 Exhibit “2” 2004 [ ]None Date Prepared: July 29,2004 Meeting Date: September 7,2004 Ordinance: 33,2004 0 BACKGROUND: This ordinance amends the FY 2003/2004 in the following areas: GENERAL FUND 1. Budgeted revenues are amended to reflect the City’s most recent projected actual amounts for fiscal 2004, as detailed in the attached Exhibit “1”. Included in these totals are the following significant items: 0 0 0 0 0 Reimbursement of $1,253,893 from Tech Village Partners 11, LLC for the City’s cost associated with the DRI Application. Downtown at The Gardens Association donation of $808,000 for enhancements to the City’s parks system. $375,000 remediation settlement from the John D. and Catherine T. Mac Arthur Foundation. Record Other Financing Sources related to the Series 2003 Bond Issue. Record projected positive variances in the following General Fund Revenues - Building Permits $898,335, Electric Franchise Fees $382,650, EMS Fees $248,237, and Ad Valorem Tax Revenues $247,441. 2. Budgeted expenditures are also amended to reflect the City’s most recent projected actual amounts for fiscal 2004, as detailed in the attached Exhibit “1”. Some of the more significant items include: 0 Remediation expenditures of $250,000. 0 0 0 0 0 Adjusted insurance premiums of $80,000. Cost of issuance and advanced refunding cost associated with the Series 2003 Bonds. Additional engineering services required for various city projects in the amount of $80,000 $29,000 in additional expenditures required to hold the City’s special election. Start up cost of $25,000 to address the City’s off-site storage needs. 3. Building permit activity has surpassed the record pace experienced last fiscal year. In order to maintain our level of service to our residents and the building community, the Building Division has requested to accelerate the hiring of one Permit Technician and one Plans Examiner with an anticipated cost of $15,420, as detailed in the attached Exhibit “2”. In addition, $40,000 in renovations to the building department to address both safety issues and the general welfare of staff is also being requested. PGA FLYOVER AND BURNS ROAD FUNDS 1. Record Other Financing Sources as well as the associated Uses of Funds paid at the closing for the Series 2003 Bonds GAS TAX FUND 1. FDOT reimbursement of $16,992 for maintenance of street lights located on the State Highway System within the City’s corporate limits 0 MISCIOTHER: N/A 0 STAFF RECOMMENDATIONS: o Staff recommends a motion to approve Ordinance 33, 2004 on second reading, adopting budget revisions for fiscal year 2003/2004. City of Palm Beach Gardens Budget Amendment WE 09/30/04 Exhibit "1" General Fund Expenditures (Uses) Reserves-Undesigna ted Reserves-Designated Renova tions-Building Dept. Salaries-Building Dept. Remediation-Comm. Svc Engineering-Comm Svc Capital Outlay Oertime-Building Dept. Median Beautification 04-015 BRCRC Materials and Supplies Election Expense City Clerk-Prof Services Postage Council-Seminars Council-Travel Council-Material & Supplies Printing and Binding Salaries and Wages Salaries and Wages Legal-Ou tside Services Insurance General Svc.-OS Storage Admin-Training Cost of Issuance Advance Refunding 001.0900.519.9920 001.0900.519.9921 001.1440.524.1210 001.3000.539.3155 001.3000.539.3150 001.1230.522.6400 001.1440.524.1410 001.2080.519.6935 001.2080.519.6901 001.2080.529.5200 001.0230.512.5295 001.0230.512.3150 001.0900.519.4210 001.0100.511.3710 001.0100.511.4010 001.0100.511.5200 001.0200.512.4710 001.0200.51 2.1210 001.0210.51 2.1 21 0 001.0240.514.3160 001.0900.519.4500 001.0900.519.3455 001.0200.512.3810 001.0900.519.9900 001.0900.519.9901 001-3030.539.6939 Revenues (Sources) Reimbursemen t-DRI 001.0000.369.0010 Contributions-Fire Dept. 001.0000.366.0000 Contributions 001.0000.366.2000 Misc. Revenue 001.0000.369.0000 Reimbursement of City Svc. 001.0000.369.0002 Transfer In 001.0000.381 .OOOO Loan Proceeds 001.0000.383.1000 Telecommunications Tax 001.0000.311.2000 Sales Tax 001.0000.335.1800 Franchise Fees-Electric 001.0000.313.1 000 Ad Valorem Taxes 001.0000.311.2000 Building Permits 001.0000.322.0000 EMS Fees 001.0000.342.6000 Building Permits-Juno Beach 001.0000.341.9000 Increase (Decrease) 2,637,224.25 808,000.00 40,000.00 15,420.00 250,000.00 80,000.00 3,900.00 6,500.00 46,826.00 13,190.73 6,251 .OO 29,116.00 7,258.00 5,500.00 2,000.00 1,500.00 2,000.00 6,600.00 39,000.00 22,000.00 34,500.00 80,000.00 25,000.00 10,000.00 134,466.43 3,583,839.28 1,253,892.91 3,900.00 808,000.00 381,500.00 6,251 .OO 13,190.73 3,570,464.05 (117,470.00) 17 0,700.00 382,650.00 247,441 .OO 893,335.00 248,237.00 88,000.00 Page 1 of 2 City of Palm Beach Gardens Budget Amendment FYE 09/30/04 Exhibit "1" Recreation Impact Fund Increase (Decrease) Expenditures (Uses) Reserves 301.2000.572.9921 City Park 301.2000.572.6919 Transfer Out Revenues (Sources) Fund Balance Carryover 301.0000.389.0000 (29,190.73) 16,000.00 13,190.73 PGA Flyover Fund Increase (Decrease) Expenditures (Uses) Cost of Issuance 308.0900.519.9900 Advance Refunding 308.0900.51 9.9901 Reserves 308.0900.519.9921 Revenues (Sources) Loan Proceeds 308.0000.384.0000 52,503.55 3,757,543.69 (292,367.26) 3,517,679.98 Burns Road Fund Increase (Decrease) Expenditures (Uses) Cost of Issuance 309.0900.51 9.9900 Advance Refunding 309.0900.51 9.9901 Reserves 309.0900.519.9921 Revenues (Sources) Seacoast Reimbursement 309.0000.369.4010 Loan Proceeds 309.0000.384.0000 Gas Tax Fund Expenditures (Uses) Electricity 103.3000.539.4320 Revenues (Sources) Miscellaneous Revenue 103.0000.369.0000 129,840.91 9,288,250.38 (702,648.38) 7 6,246.00 8,699,196.91 Increase (Decrease) 16,992.00 16,992.00 Page 2 of 2 Exhibit “2” Building Division Position Allocation Summary FY FY Proposed FY % General Fund 2002 2003 2004 Building Official Chief Building Inspector Deputy Building Official Building Inspector I Building Inspector II Building Inspector 111 Plans Examiner PlanslPemit Specialist Permit Technician Building Inspector - Single License Building Inspector - Multi-License 100 1 100 1 100 0 100 0 100 0 100 0 100 0 100 1 100 1 100 2 I00 3 1 0 1 0 0 0 1 1 2 3 2 In P/ 2003 funding was provided for a Plans Examiner position, which is required by state law, and an additional Permit Technician. In FY 2004 all Single Licensed Building Inspectors were reclassified to Building Inspector I positions and all Multi-Licensed inspectors to Building Inspector 111 positions. In addition, funding was provided for a Building Inspector I and a Building Inspector It. Fundina is beinq reauested to accelerate Plans Examiner and Permit Technician positions reauested in the FY 2005 budaet to the third auarter of FY 2004. due to the extremelv heavv workload beina exmrienced with the current level of develoDment activity. Date Prepared: July 16, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 33,2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS’ BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2003, AND ENDING SEPTEMBER 30,2004, INCLUSIVE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens, Florida adopted a Budget for the 200312004 Fiscal Year; and WHEREAS, the City Council has determined that an amendment needs to be made to the previously adopted Fiscal Year 200312004 Budget; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby amends the revenues and expenditures listed in the attached Exhibit “I” and adopts such amendments as to the Budget of the City of Palm Beach Gardens for the Fiscal Year October 1,2003, through September 30,2004, inclusive. SECTION 3. The City Council hereby amends the total personnel count for the Building Department as listed in the attached Exhibit “2” and adopts such amendments as to the Budget of the City of Palm Beach Gardens for the Fiscal Year October 1, 2003, through September 30, 2004, inclusive. SECTION 4. This Ordinance shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) Date Prepared: July 16, 2004 Ordinance 33, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 PASSED this /?=day of fj7,J6 wsr , 2004, upon first reading. PASSED AND ADOPTED this day of , 2004, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Eric Jablin, Mayor Joseph Russo, Vice Mayor Annie Marie Delgado, Councilmember FOR AGAINST ABSENT David Levy, Councilmember ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SU FFlCl ENCY BY: Christine P. Tatum, City Attorney G:\attorney-share\ORDINANCES\budget amendment - ORD 33 2004.doc 2 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: August 23,2004 Meeting Date: September 7,2004 Ordinance 34,2004 SubjecVAgenda Item: Compensation of Mayor and Council [XI Recommendation to APPROVE I1 Recommendation to DENY Reviewed by: r I Finance Director I Submitted by: w Department Director Approv d by: w I City Madger Originating Dept.: Advertised: - Date: 8/24/04 Paper: The Palm Beach Post [ ] Not Required Affected parties ptified [ x ] Not required costs: $1 12, 000 (Total) $- Current FY Funding Source: [ ] Operating [ ]Other Budget Acct.#: 001 -01 00-51 1.1 21 0 Council Action: [ ] Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: [ ]None Date Prepared: August 23,2004 Meeting Date: September 7,2004 Ordinance 34,2004 BACKGROUND: Ordinance 25,1991 established an annual salary and expenses for the Mayor to be $1 0,800.00 and Councilmembers to be $9,600.00 payable in equal monthly installments. At the City Council meeting of August 5, 2004, it was determined that it is appropriate and necessary to increase the rate of compensation for the Mayor and Cou ncilmem bers. CITY COUNCIL ACTION: At its August 19, 2004, meeting, the City Council voted 4-0 to approve the Ordinance 34, 2004 on First Reading. It is important to note that staff has proposed the following change to proposed Ordinance 34, 2004 since First Reading defining the length of the term of office after which Council Members become eligible for continued participation the City’s insurance programs (new language has been shaded): SECTION 1. Council” is created to read: A new Section 2-36 to be entitled “Compensation of Mayor and Sec. 2-36. Compensation of Mayor and Council. The Mayor shall be compensated at the rate of $24,000.00 per year, payable in equal monthly installments of $2,000.00. Each Member of the City Council shall be compensated at the rate of $22,000.00 per year payable in equal monthly installments of $1,833.00. The compensation of the Mayor and Council Members shall be adjusted to include a cost of living adjustment in the same amount and at the same time as provided to general employees. The Mayor and Members of Council shall be entitled to receive reimbursement in accordance with Florida Statutes and City Policies for authorized travel and per diem expenses incurred in the performance of their official duties. As additional compensation, the City shall provide for participation by the Mayor, Members of the Council, and their immediate dependent family members in the City’s medical, vision, dental, disability, and life insurance programs. After completion of W at least on8 full, three-vear term of office, the Mayor, Members of the Council, and their immediate dependent family members shall be eligible for continued participation pursuant to the terms of those plans at their sole expense, at such rates and under the same conditions applicable to dependents of general employees. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 34,2004 to be effective October 1 , 2004, and shall apply to all members of the City Council serving after that date. The attached Ordinance provides: Increase in salary. Automatic COLA (Cost of Living Adjustment). 0 Ability to purchase insurance coverage. I Salarv Survev I CITY OF PALM BEACH GARDENS MEMORANDUM TO: DATE: July 8,2004 FROM: SUBJECT: Council Compe Attached for your review is a drqft Ordinance that will be addressed at the July 15,2004 City Council meethg under XI1 - Items for Council ActiodDiscussioa It is to consider an increase in the rate of compensation for the Mayor and City Council Members. Ordinance 25, 1991 established an annual salary and expenses for the Mayor to be $10,800.00 and Councilmembers to be $9,600.00 payable in equal monthly installments. I believe it is an appropriate time to consider an increase in the rate of compensation for the Mayor and Councilmembers and also to provide an opportunity for continued participation in the City’s insurance program. If agreed upon, the Ordinance would be effective on October 1, 2004 and shall apply to all members of the City Council serving after that date. If you have any questions about this item please contact Ron Ferris or Chris Tatmu Attachment Second Reading: September 7,2004 Ordinance 34, 2004 Proposed Revision Subsequent to First Reading (Proposed language is shaded) SECTION 1. A new Section 2-36 to be entitled “Compensation of Mayor and Council” is created to read: Sec. 2-36. Compensation of Mayor and Council. The Mayor shall be compensated at the rate of $24,000.00 per year, payable in equal monthly installments of $2,000.00. Each Member of the City Council shall be compensated at the rate of $22,000.00 per year payable in equal monthly installments of $1,833.00. The compensation of the Mayor and Council Members shall be adjusted to include a cost of living adjustment in the same amount and at the same time as provided to general employees. The Mayor and Members of Council shall be entitled to receive reimbursement in accordance with Florida Statutes and City Policies for authorized travel and per diem expenses incurred in the performance of their official duties. As additional compensation, the City shall provide for participation by the Mayor, Members of the Council, and their immediate dependent family members in the City’s medical, vision, dental, disability, and life insurance programs. After completion of #eif at least one krll. three-vear term of office, the Mayor, Members of the Council, and their immediate dependent family members shall be eligible for continued participation pursuant to the terms of those plans at their sole expense, at such rates and under the same conditions applicable to dependents of general employees. *** Date Prepared: August 5,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 34,2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RELATING TO COMPENSATION OF ORDINANCES TO BE ENTITLED “COMPENSATION OF MAYOR AND COUNCIL”; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. COUNCILMEMBERS; CREATING A NEW SECTION 2-36, CODE OF WHEREAS, Section 8-2 of the Charter of the City of Palm Beach Gardens provides that salaries of the Mayor and Council Members shall be fixed by ordinance; provided, however, that the council shall not raise the salaries of the City Council or the Mayor during any fiscal year in which the ordinance raising salaries is adopted, but it may raise or lower salaries of all members of future councils, to take effect during the fiscal year following the adoption of an ordinance to that effect; and WHEREAS, Ordinance 25, 1991 established an annual salary and expenses for the Mayor to be $1 0,800.00, payable in equal monthly installments of $900.00; and WHEREAS, Ordinance 25, 1991 established an annual salary and expenses for Council Members to be $9,600.00, payable in equal monthly installments of $800.00; and WHEREAS, the City Council has determined that it is appropriate and necessary to increase the rate of compensation for the Mayor and City Council Members. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. A new Section 2-36 to be entitled “Compensation of Mayor and Council” is created to read: Sec. 2-36. Compensation of Mayor and Council. The Mayor shall be compensated at the rate of $24,000.00 per year, payable in equal monthly installments of $2,000.00. Each Member of the City Council shall be compensated at the rate of $22,000.00 per year payable in equal monthly installments of $1,833.00. The compensation of the Mayor and Council Members shall be adjusted to include a cost of living adjustment in the same amount and at the same time as provided to general employees. The Mayor and Members of Council shall be entitled to receive reimbursement in accordance with Florida Statutes and City Policies for Date Prepared: August 5,2004 Ordinance 34, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 authorized travel and per diem expenses incurred in the performance of their official duties. As additional compensation, the City shall provide for participation by the Mayor, Members of the Council, and their immediate dependent family members in the City’s medical, vision, dental, disability, and life insurance programs. After completion of their term of office, the Mayor, Members of the Council, and their immediate dependent family members shall be eligible for continued participation pursuant to the terms of those plans at their sole expense, at such rates and under the same conditions applicable to dependents of general employees. SECTION 2. Codification. Codification of this Ordinance is hereby authorized and directed. SECTION 3. Effective Date. This Ordinance shall become effective on October 1, 2004, and shall apply to all members of the City Council serving after that date. (The remainder of this page left intentionally blank) 2 Date Prepared: August 5, 2004 Ordinance 34, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASS E D t h is day of , 2004, upon first reading. PASSED AND ADOPTED this day of ,2004, upon second and final reading. CITY OF PALM BEACH GARDENS BY: FOR AGAl N ST ABSENT Eric Jablin, Mayor Joseph Russo, Vice Mayor Annie Marie Delgado, Councilmember David Levy, Councilmember ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SU FFl Cl ENCY BY: Christine P. Tatum, City Attorney d G:\attorney-share\ORDINANCES\COMPENSATION OF COUNCILMEMBERS - ord 34 2004.d~ 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: August 9,2004 Meeting Date: September 7, 2004 Ordinance 37, 2004 SubjectlAgenda Item: Public Hearing for the first reading of Ordinance 37, 2004 adopting the fiscal year 200412005 budget [XI Recommendation to APPROVE I ] Recommendation to DENY Reviewed by: Submitted by: Allan Owens Fin c m istrator a Department Director Originating Dept.: Fina e @ Advertised: Date: August 2004, TRIM Notices Paper: [ ] Not Required Affected parties [XI Notified [ ] Not required costs: !§ (Total) !§ Current FY Funding Source: [ ]Operating [ ]Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: [ ]None Date Prepared: August 9, 2004 Meeting Date: September 7,2004 Ordinance 37,2004 0 BACKGROUND: This is the first of two required public hearings on the proposed budget for fiscal year 2004/2005. The total of all funds for fiscal year 2004/2005 is $80,738,150. Significant items in this proposed budget include: Reduction in operating and debt millage from 6.04 to 6.026 Funding of $1.25 million in capital from fund balance to maintain at 13.7% level Provides for balanced operating expenses with current revenues Funding for a full year’s operation of the Youth Enrichment program Increases in salaries per union contracts Merit increases for all general employees Increases in health, workers comp, liability, and property insurance Funding for debt service on the $5 million storm water bond issue The City’s total assessed property valuation is $6.085 billion, up 15.96 percent from the prior year. The proposed operating millage is 5.768, an increase from the current rate of 5.745. The proposed debt millage rate is .258, a decrease from the current rate of .295. Combined, the total proposed millage rate is 6.026, a .I7 percent decrease over the current total rate of 6.04. The proposed rate represents a 9.18 percent increase over this year’s roll back rate of 5.2829. Information was provided to all residents via a direct mail piece, newsletters, and the City’s website. The second and final public hearing on the budget is scheduled for September 21, 2004. STAFF RECOMMENDATIONS: o Staff recommends a motion to adopt a tentative millage rate of 6.026 mills for fiscal year 2004/2005. o Staff recommends an announcement be made declaring that the proposed millage rate exceeds the roll-back rate by 9.18%. o Staff recommends a motion to approve Ordinance 37,2004 on first reading, adopting a tentative budget for fiscal year 2004/2005 & setting the second and final reading for September 21, 2004 at 7:OOpm in the Council Chambers. (Please note: The proposed FY 2004/2005 budget has been distributed to Mayor, Council, and staff under separate cover.) Date Prepared: July 20, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ORDINANCE 37,2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING A BUDGET FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCALYEAR COMMENCING OCTOBER 1, 2004, AND ENDING SEPTEMBER 30, 2005; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, at a duly advertised public hearing held on September 7,2004, the City Council tentatively adopted a budget for Fiscal Year 2004/2005; and WHEREAS, at a duly advertised public hearing held on September 21, 2004, the City Council determined that the tentative budget, as finalized by the City Council, will meet the needs and requirements of the City of Palm Beach Gardens and its residents for Fiscal Year 2004/2005; and WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The proposed budget, attached hereto as Exhibit “A” and incorporated herein by this reference, is hereby approved and adopted by the City Council as and for the budget of the City of Palm Beach Gardens for the fiscal year commencing October 1,2004, and ending September 30, 2005. (The remainder of this page left intentionally blank) 36 37 38 39 40 41 42 43 44 45 46 SECTION 3. This Ordinance shall become effective immediately upon adoption. Date Prepared: July 20, 2004 Ordinance 37. 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED this day of , 2004, upon first reading. PASSED AND ADOPTED this day of ,2004, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Eric Jablin, Mayor Joseph Russo, Vice Mayor Annie Marie Delgado, Councilmember David Levy, Councilmember ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney FOR AGAINST ABSENT \\Pbgsfile\Attorney\attorney_share\ORDINANCES\Budget Adoption - 2004-05 - ord 37 2004.doc 2 CITY OF PALM BEACH GARDENS City Council Meeting Agenda Cover Memorandum Date Prepared: July 16,2004 Meeting Date: September 7,2004 Petition: Resolution 186,2004 Su bjectlAgenda Item: Petition: Public Hearing: Economic Development Comprehensive Plan Element, a City initiated amendment requesting the transmittal of a new Economic Development Element. Resolution 186,2004 Economic Development Element [ X ] Recommendation to Approve I 1 Recommendation to DENY Reviewed by: Tala1 Benothman, AI P Christine Tatum E P & Z Director City Attorney Finance N/A Growth Management Administrator Economic Development Originating Dept.: Economic Development & Marketing Administrator Dolores A. Key Development Compliance u5L N/A Bahareh Wolfs, AlCP Advertised: Date: 8\12/04 Newspaper: [ XX ] Required 8\12/04 Palm Beach Post [ ] Not Required Affected parties losts: $ NIA (Total) $ N/A Current Funds Funding Source [ ] Operating NIA [ ]Other N/A Budget Acct.#: Local Planning Agency (LPA) Action: [ ]Approved [ ]Approved w/ zonditions [ ] Denied [ ] Continued to: Attachments: Resolution ' Proposed Element . Data & Analysis . Palm Beach Post Advertisement [ ]None [ ]Notified [ ] Not required City Council Meeting 09/7/04 Date Prepared: July 16, 2004 Meeting Date: September 7,2004 Resolution 186, 2004 BACKGROUND The City of Palm Beach Gardens was founded on March 20, 1959 by John D. MacArthur who dreamed of turning approximately 4,000 acres of dairy land into a city where streets were lined with trees and waterways were intertwined throughout the community - a “garden city” that embraced environmental conservation and provided an exceptional standard of living. Since those early days, the City of Palm Beach Gardens has made strides to stay aligned with that original vision and has safeguarded those desires through the Comprehensive Plan. Green space is one of the core values of the community, as a whole, and has lured people to Palm Beach Gardens because of the extraordinary quality of life. Data suggests, however, that most residents must commute out of the City to find employment. Palm Beach Gardens has evolved into an upscale bedroom community. Economic trends are shifting away from bedroom communities; therefore, in order to diversify and stabilize the economic base, the City of Palm Beach Gardens must attract industries and employers. Based on an analysis of economic conditions in the City of Palm Beach Gardens, the City seeks to diversify the economy by encouraging growth in targeted cluster industries that provide high wage employment and complement changing economic conditions. In addition to developing a marketing strategy to recruit new employers, the City will continue to review land development processes, identify areas appropriate for economic development, encourage quality education, and maintain quality of life standards through a balanced growth management strategy. Date Prepared: July 16, 2004 Meeting Date: September 7,2004 Resolution 186, 2004 Florida State Statute 163.31 77 provides authority for local governments to include an economic development element in the local Comprehensive Plan stating, “An economic element setting forth principles and guidelines for the commercial and industrial development, if any, and the employment and personnel utilization within the area. The element may detail the type of commercial and industrial development sought, correlated to the present and projected employment needs of the area and to other elements of the plans, and may set forth methods by which a balanced and stable economic base will be pursued.” ASSESSMENT OF NEED Data for Fiscal Year 2003 indicates that approximately 80% of tax revenues are generated by the residential component. Additionally, the City does not assess many of the traditional taxes that other municipalities use for generating revenue and paying for services such as utility, solid waste, storm water, or firehescue. As the City approaches build-out, it would be prudent to diversify the tax base and generate revenue streams from non-residential sources. 1 Date Prepared: July 16, 2004 Meeting Date: September 7, 2004 Resolution 186, 2004 Further, understanding economic shifts away from bedroom communities necessitates the diversification of the local economy. People no longer want excessive commutes to/from work and would prefer to live, play, learn, and work in a community. Based on an analysis of the occupational licenses issued by the City of Palm Beach Gardens, over 97% of businesses located in Palm Beach Gardens are reliant on dollars that already exist in the local economy (service and retail sectors). It is imperative to attract value-added employment opportunities that match the skill sets of the citizenry and create new sources of wealth. Based on the skill sets of the citizenry (available work force) and demographic data collected, the following industry sectors should be targeted for recruitment and expansion: . Medical & Pharmaceutical . Aerospace & Engineering . Information Technology . Research & Development . Business & Financial Service Education . Corporate Headquarters Because governmental policies are a key component of successful economic development, staff has prepared a proposed Economic Development Element to the City Comprehensive Plan. Growth management policies (balancing the needs of business and citizens), regulatory environment, approval processes, licensing, taxation, and infrastructure (traditional & emerging technologies) all play a role in the recruitment and expansion of value-added companies. The Economic Development Element is an optional element under the state planning statute, Chapter 163, Part II, Florida Statutes. The adoption of an Economic Development Element will signal the City’s commitment to successful economic development and to the priority of City policy in support of economic develop men t . CONSISTENCY WITH COMPREHENSIVE PLAN The proposed new comprehensive plan element is consistent with the Goals, Objectives and Policies of the City’s adopted Comprehensive Plan. In particular, the proposed Economic Development Element is consistent with and implements Policy 1 .I .6.7 of the Future Land Use Element of the City’s Comprehensive Plan. That policy provides that the City shall initiate proactive efforts to expand the economic base of the City, working within the framework of existing economic agencies and groups, such as the North County Mayors Economic Development Group, the Palm Beach County Business Development Board and County Economic Development Department. Strategies shall include considering the creation of a City Economic Development Advisory Board to create an economic element of the comprehensive plan; improving communication and forging alliances with major property owners in order to coordinate efforts in attracting new businesses; accelerating the development approval process; encouraging redevelopment of distressed properties; and maintaining points of contact with economic development agencies. 2 Date Prepared: July 16, 2004 Meeting Date: September 7,2004 Resolution 186, 2004 NEARBY LOCAL GOVERNMENT COM MENTS~O B J ECTIONS: The Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) has been provided the proposed amendment, and has raised no objections to date. ECONOMIC DEVELOPMENT ADVISORY BOARD The Economic Development Advisory Board developed the portions of the proposed Element relating to the “fast track” approval process. The Board met to review and comment on the proposed Element, in its entirety, at its meeting on July 15, 2004. The Board, in a 6-0 vote in favor, recommended that the Economic Development Element be transmitted and adopted. STAFF RECOMMENDATION The Economic Development Element was reviewed without comments by the Development Review Committee on July 23, 2004. The Economic Development Element was presented in a workshop to the Planning, Zoning and Appeals Board on July 27,2004. Staff recommends APPROVAL of Resolution 186,2004 for the transmittal of the proposed Economic Development Element amendment to the City of Palm Beach Gardens’ Comprehensive Plan. 3 Date Prepared: July 16,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 186,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE TRANSMITTAL OF A NEW ECONOMIC DEVELOPMENT ELEMENT OF THE CITY OF PALM BEACH GARDENS COMPREHENSIVE PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Policy 1.1.6.7 of the Future Land Use Element of the City’s Comprehensive Plan provides that the City shall initiate proactive efforts to expand the economic base of the City, working within the framework of existing economic agencies and groups, such as the North County Mayors Economic Development Group, the Palm Beach County Business Development Board and County Economic Development Department. Strategies shall include considering the creation of a City Economic Development Advisory Board to create an economic element of the comprehensive plan; improving communication and forging alliances with major property owners in order to coordinate efforts in attracting new businesses; accelerating the development approval process; encouraging redevelopment of distressed properties; and maintaining points of contact with economic development agencies; and WHEREAS, in furtherance of Policy 1.1.6.7, the City created the position of Economic Development Administrator and created the Economic Development Advisory Board; and WHEREAS, based upon the input of the Economic Development Advisory Board, the City is therefore proposing the adoption of an Economic Development Element to provide the basis for the recruitment and expansion of value-added employers thereby diversifying the economic base and providing employment options to the citizens; and WHEREAS, the Planning, Zoning and Appeals Board, as the designated Local Planning Agency for the City of Palm Beach Gardens, conducted the required public hearing after due notice on August 24,2004, and has made its recommendations to the City Council; and WHEREAS, after due notice and public hearing, the City Council of the City of Palm Beach Gardens deems it in the best interest of the present and future residents of the City that the proposed Comprehensive Plan Amendment be transmitted to the appropriate public agencies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: July 16, 2004 Resolution 186, 2004 SECTION 1. The City Manager is hereby directed to transmit the proposed Comprehensive Plan Amendment and supporting data, analysis, and other relevant material, which is attached hereto, to the Department of Community Affairs of the State of Florida and other appropriate public agencies. SECTION 2: This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this day of ,2004. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SU FFl Cl E NCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR RUSSO COUNCILMEMBERDELGADO COUNCILMEMBER LEVY FOR AGAINST \\pbgsfile\Attorney\attorney_share\RESOLUTlONS\COMP~N transmittal-economic development.doc 2 ABSENT -d ECONOMIC DEVELOPMENT ELEMENT Goals, Obiectives and Policies GOAL 13.1.: THE ECONOMIC GOAL OF THE CITY OF PALM BEACH GARDENS IS TO ACHIEVE A BALANCED AND DIVERSIFIED ECONOMY WHICH IS COMPATIBLE WITH THE CITY’S QUALITY BUILT ENVIRONMENT AND PROTECTS IMPORTANT NATURAL RESOURCES. Objective 13.1 .I .: Balanced and Diversified Economy Palm Beach Gardens shall maintain and expand a diversified economy by encouraging growth in targeted cluster industries that provide high wage employment, and complement changing economic conditions; by supporting existing businesses; and by retaining and improving resource based sectors such as tourism, retirement and recreation. Policy 13.1.1.1.: The City shall continue to attract industries and employers in cluster industries such as biotechnology, communications, information technology, medical products, marine biology, and aerospace research, by creating and fostering the development of the Gardens Science and Technology Community Development of Regional Impact. Policy 13.1 .I .2.: The City shall assist the retention and growth of existing businesses within the City, particularly those that provide high wage employment or that support or complement those employment sectors. Policy 13.1.1.3.: The City shall conserve and enhance the natural and recreational resources that provide the foundation of the City’s retirement, recreation and tourist based economic sectors. Policy 13.1 .I .4.: The City shall allocate adequate commercial, industrial, and residential acreage to meet future needs of a diversified economy. Policy 13.1.1.5.: The City shall monitor and report annual economic growth regarding increases in the employment and average wages for targeted industries. Policy 13.1.1.6.: The City shall maintain and develop programs to encourage and facilitate the expansion and relocation of target industries, including but not limited to: 0 Implement a targeted expedited permitting program for companies that are expanding operations or moving into the City so that value-added employment may be created at a faster pace; and 0 Continuing to review land development processes to determine where opportunities for streamlining the approval process can be accomplished; and Economic Development 13-1 City Council Meeting 09/07/04 Continuing to work with the Office of Tourism, Trade and Economic Development to facilitate expedited review of qualifying projects; and 0 Continuing to improve working relationships between government and the business community and support the economic development efforts of private organizations. Objective 13.1.2.: Moderate Seasonality in Employment The City shall promote year round tourism to moderate seasonal employment fluctuations in the retail and service sectors. Policy 13.1.2.1.: The City shall work with the County Tourist Development Council to promote growth in year round tourism, including increased use of the “bed tax” for that purpose. Objective 13.1.3.: Increased Opportunity for Small Business Enterprises The City shall support efforts to increase the number, viability, and growth of small business enterprises to further strengthen and diversify the economy. Policy 13.1.3.1 .: The City shall collect, develop and disseminate information related to small business opportunity, and minority and women business enterprises. Policy 13.1.3.2.: The City shall support small businesses by encouraging their participation in city-funded projects. Policy 13.1.3.3.: The City shall facilitate productive support and assistance within all City Departments for the relocation or expansion of established small businesses. Objective 13.1.4.: Availability of Education and Training Opportunities The City shall provide leadership to the ongoing efforts to improve the public education system in order to encourage industry to locate or expand in Palm Beach Gardens. The City shall encourage participation of business, economic and educational leaders and institutions in this effort. Policy 13.1.4.1 .: The City shall encourage education and training institutions to provide education and research programs that meet the needs of targeted cluster industries, and encourage supplemental education to support existing businesses and programs to stimulate new business development. Policy 13.1.4.2.: The City shall strengthen its relationships with local higher education institutions such as Palm Beach Community College and Florida Atlantic University, by providing opportunities for faculty and students to participate in City programs that encourage economic development. Economic Development 13-2 City Council Meeting 09/07/04 Policy 13.1.4.3.: The City shall support the location of high school, vocational, universities, and research and development training institutions proximate to economic development centers in the City, and support high school, vocational school, universities, and research and development training programs oriented to preparing students for success in targeted economic development sectors. Objective 13.1 5.: Balance Between Man-Made and Natural Environment The City shall maintain the quality of its balance between man-made and natural environments as a means of attracting target industries and retaining a healthy foundation for its economy. Policy 13.1.5.1.: The City shall encourage balance and growth in retail trade and services by continuing to support existing regional retail services while implementing planned growth patterns to foster neighborhood-based services to serve local needs. Policy 13.1.5.2.: The City shall accommodate balanced growth and housing needs of the City’s labor force by encouraging the availability of attainable housing to persons earning a livelihood or choosing to reside in Palm Beach Gardens. Policy 13.1 5.3: The City shall maintain adequate infrastructure to accommodate managed growth. Policy 13.1.5.4: The City shall continue to provide for attractive open spaces and sustainable natural environments that enhance the quality of life in the City and protect the functions of important regional environmental resources. Economic Development 13-3 City Council Meeting 09/07/04 DATA AND ANALYSIS - ECONOMIC DEVELOPMENT COMPREHENSIVE PLAN ELEMENT BACKGROUND The City of Palm Beach Gardens was founded on March 20, 1959 by John D. MacArthur, multimillionaire insurance magnate and landowner. Mr. MacArthur envisioned a city where streets were lined with trees and waterways intertwined throughout the community - a “garden city” that embraced environmental conservation and provided an exceptional standard of living where residents could live and work. He embarked upon turning approximately 4,000 acres of dairy land into this reality. Since those early days, the City of Palm Beach Gardens has made strides to stay aligned with that original vision and has safeguarded those desires through the Comprehensive Plan. Approximately one-third of all development must be dedicated to green space - a standard that is rigorously enforced. Streetscapes and landscape buffers are evident throughout the City. Indeed, green space is one of the core values of the community as a whole and has attracted people and companies to Palm Beach Gardens. Although many people have moved to live in Palm Beach Gardens, data suggests that most residents must commute out of the city for employment. ASSESSMENT OF NEED The City of Palm Beach Gardens has evolved into an upscale bedroom community. The current tax base of the City reflects a dependence on residential tax assessments. See Figure I. Data for 2003 indicates that approximately 80% of ad valorem taxes are generated by the residential component. See Figure 2. Economic trends are shifting away from bedroom communities; therefore, in an effort to diversify and thus stabilize the economic base, the City of Palm Beach Gardens must attract industries and employers. The Economic Development Advisory Board of the City of Palm Beach Gardens has developed a strategy to diversify the local economy in order to decrease the reliance on residential ad valorem taxes. This is of particular importance considering the City is approaching build-out of land mass. Additionally, the City does not assess many of the traditional taxes that other municipalities use for generating revenue, but rather, it primarily depends on ad valorem taxes to fund services. See Figure 3. Residents are not assessed additional taxes for utility, solid waste, storm water, or fire rescue; and pay a minimal amount in communication services taxes. The City has opted to pay for these services out of ad valorem assessments. Because the City of Palm Beach Gardens has been fortunate to have land mass that has been available for residential development, the reliance on ad valorem taxation has not been a major concern. However, as the City approaches build-out, it is prudent to diversify the tax base in lieu of the escalating costs of providing services to residents. The Florida Legislature has come under increasing pressure to increase the homestead exemption from $25,000 to $50,000 for qualifying homeowners. If passed, the effect on the City of Palm Beach Gardens tax revenues would be substantial and would necessitate the exploration of alternate funding mechanisms to maintain current levels of services. Economic Development Data & Analysis 1 City Council Meeting 09/07/04 Figure 1 Ad Valorem Taxes $4,5oo.Ooo.o00 - 1&1,00o,Ooo,o00 - $3,5oo,Ooo,o00 - $3,00o,o0O,ooo -I $2,500,000,000 - $2,000,000,000 - $1,5oO,ooo,000 - $1 .ooo.ooo,o00 - $500.000.000 - $- 1 - - - - A A a - - - - m 1999 2000 2001 2002 2003 +Residential -C Business +Other Historical Data Compiled from Tax Rolls - City of Palm Beach Gardens, Finance - 2004 The residential component generates the bulk of tax revenues in the City of Palm Beach Gardens. Figure 2 Commercial 20.06% 2003 Ad Valorem Tax Percentages 1.15% Imer General Fund (ad valorem) = $52,714,507 Data Compiled from Tax Rolls, 2003 - City of Palm Beach Gardens, Finance The residential component generates the bulk of tax revenues in the City of Palm Beach Gardens. Economic Development Data & Analysis City Council Meeting 09/07/04 Figure 3 Total Cost Comparison of Area Municipalities Based on $225.000 Homesteaded ProDertv Ad Utility Solid Storm PBC Valorem Tax CST Waste Water Fire Total Palm Beach Gardens 1,208 0 24 0 0 0 $1,232 Wellington 600 300 63 106 120 610 $1,799~ Jupiter 906 300 80 83 46 380 $1,795 Royal Palm Beach 1,206 300 63 84 0 0 $1,653 North Palm Beach 1,360 300 84 80 0 0 $1,824 West Palm Beach 1,696 300 65 192 56 0 $2,309 Riviera Beach 2,000 300 66 134 54 0 $2,554 Comparative Prepared by Finance Division - City of Palm Beach Gardens, 2003 When all municipal revenue streams are considered, Palm Beach Gardens has one of the lowest fax burdens. BALANCED AND DIVERSIFIED ECONOMY Value-added employment opportunities in the City of Palm Beach Gardens can be provided through the recruitment of new industries to and expansion of existing companies in the City. The benefits of more diverse employment opportunities include: . Citizens with a variety of employment options enjoy a better quality of life. . Municipalities with a diverse range of corporate citizens reap a broader financial base and more stable economy. Regardless of an individual, public, private, or non-profit perspective, revenue is vital. A value-added employer is defined as a company with an average (median) employee compensation package of 10 - 15% higher than Palm Beach County’s average salary and/or neighboring communities. Traditionally, the actual salary paid to the employee should be 10% higher than the county average, but there are cases where the entire employee package (life and health insurance, benefit program, IRA or retirement package, etc.) may be considered if a company is in a specific target industry sector that is desirable for economic growth in a municipality. Economic Development Data & Analysis City Council Meeting 09/07/04 In 2000, the average (median) salary in Palm Beach County was $41,007. Therefore, the City should seek employers that pay an average salary of at least $45,107 if based on County’s average. Based on an analysis of the demographic data contained in Figure 4, one may ascertain that residents in Palm Beach Gardens have the necessary skill sets to attract companies that pay an annual salary of $45,107 (value-added employer for Palm Beach Gardens). Additionally, the small gap between median household and per capita income in Palm Beach Gardens seems to indicate that there is one “breadwinner” or primary wage earner per household. Typically speaking, the larger the gap between household and per capita income, the more likely it is that there are two or more people contributing to the household income. By contrast, the smaller the gap, the more likely it is that the monies are derived from other income sources (investments in real estate, stock markets, etc.). Figure 4 Median Household Income vs Per Capita Income Palm Beach Boer Raton Boynton Beach Royal Palm Welllngton WeaPalm Gardens Beach Beach Data Compiled from US Census 2000 - DP 3 Data indicates that the majority family income is generated from one breadwinner in Palm Beach Gardens’ households. The official economic development organization for the county, the Business Development Board of Palm Beach County, Inc., has identified several economic cluster areas that are targeted for economic growth in Palm Beach County. Based on a study conducted by the Stanford Research Institute International (SRI) in the late 199Os, cluster areas in the county for economic growth included: Technology; Business & Financial; Medical & Economic Development Data & Analysis 4 City Council Meeting 09/07/04 Pharmaceutical; Aerospace & Engineering; Agri-Business; and Tourism. Source: Cooperating to Compete in the 27‘’ Century: An lndustry Cluster Development Strategy for Palm Beach County, Jan. 1998. In analyzing the SRI study and considering demographic data on workforce skill sets, education levels, average age, and lifestyle factors compiled about the City’s residents, the City’s Economic Development Advisory Board (comprised of private sector members) made recommendations for the appropriate target market(s) that the City should pursue in order to diversify the tax base. Additional factors that were considered in identifying target markets for the recruitment of value-added employers were: the void created by the down-sizing of Pratt-Whitney and Sikorsky (aerospace and engineering) that created a “brain-trust” available in the county population; growth in local business aviation (Belcan and Embraer), not to be confused with commercial aviation industry; stability of the pharmaceutical industry; growth of local companies in medical device manufacturing (3i - Implant Innovations and Anspach); and cross application of skill sets in the workforce (i.e., aerospace technical engineering skills are cross applicable in a myriad of industries - specifically medical device design). Identified industry sectors that should be targeted in order to diversify the economy of the City of Palm Beach Gardens are: . Medical & Pharmaceutical Aerospace & Engineering . Information Technology . Research & Development . Business & Financial Services . Education . Corporate Headquarters A historical analysis of business sector growth based on Occupational Licenses issued by the City of Palm Beach Gardens from 1987 through 2003 further emphasizes the need to diversify the economy with value-added employer options. See Figure 5. Currently, since the manufacturing and industry sectors are insignificant in Palm Beach Gardens, they have been consolidated into a “commercial” category for evaluation purposes. The heavy emphasis on service and retail is typical for bedroom communities. Service and retail components of the economy, by definition, “spin” wealth rather than create wealth. Under normal circumstances, both the service and retail sectors are dependent upon monies that already exist in a geographic region. By contrast, the commercial, industrial, and manufacturing sectors export goods and therefore are not dependent on local money for survival. There are exceptions to the rule. Information Technology, for example, is usually considered a service sector industry, yet, is not dependent on the local customer base. Thanks to the capabilities of the World Wide Web and Internet connection, the transfer of intellectual knowledge or technology services is a simple click of a button. Increasingly, commercial, industrial, and manufacturing companies are opting to utilize the Internet for marketing purposes to expand their customer base, thereby cushioning the impacts of a specific geographically-based revenue stream. According to the Strategis Group, the number of US households with Internet access has grown from 14.9 million in Economic Development Data & Analysis C City Council Meeting 09/07/04 1995 to a projected 90 million in 2005. Internet marketing expenditures are projected to grow from $1 billion in 1998 to $9 billion in 2003. Source: CE Unferberg Towbin. The Internet opens international marketing to another customer base and makes it possible to reach overseas markets as easily as if they were next door. Figure 5 3500 U J 3000 - t (I) c 0 2500 3 - 2000 C 0 9 4 1500 0 .- - B 2 r L 0 1000 $ 500 0 1987 1988 1989 1ggO 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 +Commercial +Retail +Service City of Palm Beach Gardens, GIS Division and Occupational Licenses Division - 2004 The service and retail sectors, which are dependent on existing dollars within the economy, have experienced growth while the commercial sector, which creates new dollars in the local economy, has remained flat. It is, therefore, important to create new money in the community by seeking value-added employers that can contribute to the stability of the local economy, provide sustainable high-paying employment opportunities to residents, and ensure a tax revenue stream not dependent merely on land development. Equally as important is retaining and assisting companies that are already located in Palm Beach Gardens to expand. Based on data collected by the Occupational Licenses Division, in Fiscal Year 2003-2004, the City maintained an 84% retention rate of operating businesses. This seems to indicate that monies in the local economy for the service and retail sectors are strong; otherwise, the retention rate would be less. INVENTORY OF ASSETS In order to attract companies that are an appropriate match for the residents of Palm Beach Gardens, it is necessary to quantify the skill sets and number of people in the local workforce. Generally speaking, the Palm Beach Gardens’ workforce is comprised of professionals who are in the middle of their career cycles and are more stable and educated than surrounding areas in Palm Beach County. See Figures 5, 6, 7, 8, & 9. Economic Development Data & Analysis 6 City Council Meeting 09/07/04 Figure 6 46000 City of Palm Beach Gardens Population Totals 40000 35000 30000 25000 1-1 I I I I I I I I I I I I 20000 15000 1oooo 5000 I I I 1 I I I I I I I I I I Bureau of Economic and Business Research - 2004 Palm Beach Gardens has experienced steady population growth. Figure 7 Population 25 81 Over With Bachelor's Degree or Higher Data Compiled from US Census 2000 - DP 2 Residents in Palm Beach Gardens are highly educated when compared to other municipalities in Palm Beach County which indicates that the workforce is comprised of professionals. Economic Development Data & Analysis 7 City Council Meeting 09/07/04 Figure 8 Distribution of Occupations in Palm Beach Gardens Government workers (local, state, or federal) 10.9% Manufactunng 6% Agriculture, forest fishing, 8 hunting 0 2% Produdon, transportation and material moving 5 ,%\ L r Construction, extraction, & maintenance 4.6% Farming, fishing & forestry 0.2% Sales 8 office 30.3% L Management, professional, and related 46.9% -Setvice 12.3% Source: GCT-P13 Occupation, Industry, and Class of Worker of Employed Civilians 16 Years and Over Data Set: Census 2000 Summary File 3 (SF 3) - Sample Data Companies that require sophisticated skill sets would be a proper "fit" for Palm Beach Gardens based on the number of residents that are currently employed in management and professional level jobs. Figure 9 Median Age of Population Royal Wellington West Berth Raton Beach Palm Palm Gardens Beach Beach Pam Bocr Boynton US C~~SUS 2000 - DP - 1 Data Compiled from US Census 2000 - DP 1 Residents in Palm Beach Gardens are most likely are midway through their employment cycle. Economic Development Data & Analysis 8 City Council Meeting 09/07/04 GOVERNMENTAL POLICIES Other items bearing on successful economic development from a governmental perspective are growth management policies, the regulatory environment, approval processes, licensing, taxation, and other items that affect a company’s ability to conduct business, and by extension, its profitability in Palm Beach Gardens. Dedication of land space to the value-added business sector is critical, especially as the City approaches build-out. Growth management policies that provide incentives for nonresidential, value-added land uses, therefore, are an integral component of a successful economic development strategy. The City must resist the temptation to convert land space that has been dedicated to non- retail commercial activities to other uses. See Figures 70 & 71. Additionally, current vacant land should be examined and perhaps rezoned to allow space for value-added employers that provide new and sustainable dollars in the local economy. Again, it needs to be emphasized that the retail component of the business sector does not qualify as a value-added employer in the City of Palm Beach Gardens by definition, and therefore the focus should be on land uses that promote the City’s objective of value-added employers. As mentioned earlier, nearly 50% of land space is dedicated to residential and approximately 80% of ad valorem tax revenues are derived from the residential component in Palm Beach Gardens. See Figure 70. Re-examination of bedroom communities indicate that people want to be able to live, play, learn, and work within a 15 - 25 minute commute, thereby raising their own quality of life. These trends can be documented in the recent phenomena of the number of mixed-use land communities that have been popping up throughout the United States. Equally as important are addressing infrastructure requirements that may affect economic growth. These issues include: road networks, public transportation, workforce availability, education, and a myriad of other issues that enable businesses to remain competitive. Perhaps the most critical, and not so obvious, is anticipating the trends in technology. Value-added industries, particularly the scientific community, rely heavily on computers for running models and for communication. Increasingly, trends are shifting to wireless technology. As the protocol for wireless communications and related security issues are refined, the City of Palm Beach Gardens must remain cognizant of the changing trends to ensure that companies have access to the tools that make them competitive. Economic Development Data & Analysis 9 City Council Meeting 09/07/04 Figure 10 Future Land Use Within Existing City Boundaries - 2003 Industrial 2% Commercial 2% Commercial Recreation Golf 6% -Mixed Use 1% Professional Oflice 1% Recreation 8 Open Space 1% Residential 46% I ?--- City of Palm Beach Gardens - GIS Division, 2004 Nearly X of available land is currently dedicated to residential uses and over 113 in conservation leaving very little available space for value-added employers. Figure 11 I Land Allocation in Palm Beach Gardens - 2004 Play 25% Live 70% Note: “Play” element does not account for green space within the residential or “Live ’’ component. City of Palm Beach Gardens - GIS Division, 2004 The majority of land space is allocated for residential components in Palm Beach Gardens Economic Development Data & Analysis 10 City Council Meeting 09/07/04 The City of Palm Beach Gardens does not currently offer financial incentives to expanding or relocating companies; therefore, working with the officially sanctioned State and County economic development organizations that offer financial incentives is paramount. Forming strategic alliances with Enterprise Florida and the Business Development Board of Palm Beach County will strengthen the City’s reach to prospects. The City of Palm Beach Gardens will work with the State Office of Tourism, Trade and Economic Development (OTTED) when appropriate to facilitate expedited review of qualifying projects. Additionally, the City of Palm Beach Gardens offers a targeted expedited permitting program. TARGETED EXPEDITED PERMITTING PROGRAM The Targeted Expedited Permitting Program expedites the planning, zoning, and building permitting process. The Targeted Expedited Permitting Program is available to companies that are expanding operations or moving into the City so that value added employment may be created at a faster pace. Companies must meet specific criteria in order to qualify for the Targeted Expedited Permitting Program. The Targeted Expedited Permitting Program provides qualifying projects an efficient process to resolve issues in a timely manner through face-to-face meetings with a City representative without sacrificing any requirements as established by the City’s Code of Ordinances. As with any project, the City of Palm Beach Gardens reserves the authority to deny a proposal that does not meet the City code or City comprehensive plan req u ire men ts . Qualifiers for the Targeted Expedited Permitting Program Companies must fall into specific industry clusters as recommended by the Economic Development Advisory Board. Industry areas include: o Aerospace / Engineering o Medical / Pharmaceutical / o Business / Financial RD Services o Information Technology o Education o Corporate Headquarters Companies must create at least fifty (50) new positions in the City of Palm Beach Gardens within the first two (2) years of operations OR expand operations as a result of creating same amount of positions in the past two (2) years OR a combination of the two. Positions created must be considered value-added employment based on the average wages and/or compensation paid by the employer. Value-added employment is defined when the average compensation package of positions created is at least 10% higher than the current per capita income level in Palm Beach Gardens. This equates to $47,272 / year as of September 2003. Economic Development Data & Analysis City Council Meeting 09/07/04 I Positions must be sustainable for a five (5) year period of time. I Companies must pass the City’s due diligence process to establish solvency and credibility prior to acceptance into the program. I Due diligence may include a Dun & Bradstreet report. I Due diligence reports must be reviewed by the Economic Development Advisory Board, City Manager, Economic Development Administrator, and/or Finance Administrator for the City of Palm Beach Gardens. I Companies must receive an endorsement from the Economic Development Advisory Board to qualify or qualify for State of Florida or Palm Beach County economic incentives as administered by the official economic development agencies. I Company must appoint a Project Manager for communication purposes. I Start date for filling newly created positions will be considered within six (6) months after company receives a Certificate of Occupancy. OR . Companies may qualify for Targeted Expedited Permitting Program if the company is a sanctioned project by the State of Florida or officially sanctioned economic development organizations (OTTED, Enterprise Florida, or Business Development Board of Palm Beach County). BENEFITS OF THE TARGETED EXPEDITED PERMITTING PROGRAM Companies that have been accepted into the Targeted Expedited Permitting Program shall receive: A single Point of Contact for the approval process as appointed by the City Manager or Economic Development Administrator. . Establishment of necessary steps required for project approval in pre-application meeting with the Growth Management Department. . Itemized completion timetable. . Priority at every phase of the review process by City staff, including face-to-face meetings. . Review by City staff conducted within five (5) business days of submission. Economic Development Data & Analysis 12 City Council Meeting 09/07/04 w w w w If problems are identified, a face-to-face meeting of all concerned parties will be called within two (2) business days so that a resolution may be found in a timely and efficient manner. City-appointed Point of Contact will be kept apprised of all developments regarding a project by City’s Engineering, Growth Management, and Building Departments in order to trouble-shoot and keep sanctioned projects on track. City’s Point of Contact will provide a weekly status report (minimally) to Company’s Project Manager. An economic impact report that will be included with the staff reports to the Planning, Zoning, and Appeals Board and City Council. SEASONAL EMPLOYMENT FLUCTUATIONS IN THE RETAIL AND SERVICE SECTORS South Florida has had the reputation of the perfect vacation spot during the winter months. This has resulted in a large percentage of seasonal employment options and has contributed to drastic swings in locally generated tourist dollars. PGA National Resort and Spa, The Marriot of Palm Beach Gardens, and DoubleTree Hotel all have vast swings in “tourist” bookings between the winter and the summer months, and therefore employment. Indeed, many of the local hotels and tourism-related industries (restaurants, marinas, etc.) offer special packages during “off season” in order to generate business. Additionally, the estimated number of hotel guests and the associated revenues derived from the tourism industry have not fully recovered from the aftermath of September 11, 2001. In the Report on Palm Beach County Tourism, Fiscal Year 2002/2003 prepared by Profile Marketing Research for the Tourist Development Council of Palm Beach County, the area is slowly recovering in attracting tourists. See Figure 12. The City of Palm Beach Gardens can leverage its “destination spot” reputation with the recent announcement of Scripps-Florida to minimize the fluctuations in seasonal employment. Economic Development Data & Analysis City Council Meeting 09/07/04 Figure 12 SUMMARY OF CH STATlSRGS 'Properties well Wow 50 mms are only inc uded in room count and total inventory 1 .The TDC estimates that the total number of vniton to Palm Beach County is two tinies the number of hotel guests This estimation ratlo has been in use since 1995196 "Starbng in fncal year 2001/02 rf party sue' IS greater than 8 or 'number of rooms occupied' is greater than 3 then data within 'party me' and number of rooms occupied' is deleted Pnor to fiscal year 2001M2 II party size or number of rooms occupied was greater than 10, both were recoded to 1 II party size was greater than 25 party sue and number of rooms occuwd were both recoded as missing data if party size was greater than 1 and ndmber of rooms occupied was blank (or vice versa) both wen? recoded as rnisong data + Dmerence in hotel guest Spendng for FY2001102 - FY200U03 as compared to FY 1997198 - N2000101 reflects revison to the manner m whtch side tnp expendltures are computed 2 ADR = Average rate per occuprd rmm 3. Room nqhts occuped = ((#total moms'occupancyi * annual room nights) I Report on Palm Beach County Tourism Fiscal Year 200212003 (Oct 2002 - Sept 2003) Prepared for: Tourist Development Council of Palm Beach County, Inc. Prepared by: Profile Marketing Research, December 3,2003 Although tourism is a major source of .new money" in the lo6al economy, data suggests that catastrophic events, such as 9-1 1, can have a significant impact. SMALL BUSINESS ENTERPRISES The City of Palm Beach Gardens values its small business enterprises and understands that much of the character of the City is dependant on the uniqueness and customer service that is provided by small business. It also recognizes the important contribution that small business plays in expanding the workforce. Both the North Palm Beach County Chamber of Commerce and the PGA Corridor Association play a vital role in representing and assisting the small businesses in the City; as a result, the City has developed strategic alliances with both groups. Economic Development Data & Analysis 14 City Council Meeting 09/07/04 PUBLIC EDUCATION The State of Florida lags behind in the field of educational excellence when benchmarked against other states. Although a child can receive an excellent education in Florida, much needs to be done to raise the standards for all children. Education is one of the most important factors that a relocating company wants addressed. Whether it is for employees’ children, continuing education for the employees themselves, or for the area’s workforce at large, educational opportunities are a critical element in the private sector. Results of the FCAT- 2002/2003 indicate that the City of Palm Beach Gardens needs to take an active role in trying to raise the educational standards of the City’s youth. An analysis of area school scores indicates that area students are not competitive in today’s world. See Figure 13. Average SAT scores of high schools students located with Palm Beach Gardens are in the low 1,000 range which, when compared to the average SAT scores for Florida universities, are not competitive. See Figures 14 & 15. Additionally, graduates are only “somewhat qualified” to attain entrance into universities across the United States in regards to SAT scores. See Figure 16. When compared to SAT entrance requirements for the top ten universities in the United States, the average high school graduate in Palm Beach Gardens would not be considered for admission. See Figure 17. Figure 13 FCAT Results in Palm Beach Gardens Schools FCAT Results 2003 & 2004 W Dwyer High PBG High WB Duncan Middle HL Watkin Middle Timber Trace Elementaw PBG Elementary Lake Park Elementary Grove Park Elementary Eisenhower Elementary Allamanda Elementary D C B A I Florida School Grades: Accountability Report - Florida Department of Education FCA T Scores indicate there is room for improvement in public schools. Economic Development Data & Analysis 1.5 City Council Meeting 09/07/04 Figure 14 Scholastic Assessment Test (SAT) Number Percent of 12th Mean School Name Year Tested Graders Tested Score PALM BEACH GARDENS HIGH SCHOOL 2002-2003 261 60.8 1015 WILLIAM T. DWYER HIGH SCHOOL 2002-2003 256 55.7 1014 Florida School Indicators Report, Florida Department of Education 2003 Mean SAT scores in 2002-2003 of public high school students in Palm Beach Gardens. Figure 15 Sample of Florida Universities SAT Scores for Admission Barry University 880 - 1080 Eckerd College 1020 - 1250 900- 1110 930 - 1130 910- 1110 Florida International University 960 - 1140 Florida State University 1040 - 1240 Jacksonville University 940 - 1170 New College of Florida 1230 - 1410 University of Central Florida 1030 - 1230 University of Florida 1130 - 1340 University of Miami 1160 - 1320 1000 - 1190 950- 1150 990 - 1190 Florida A & M University Florida Gulf Coast University Florida Atlantic University University of North Florida I University of West Florida University of South Florida Data Source: CollegeBoard. com, Side-by-Side Comparisons - 2003 Median SAT scores at the two local high schools indicate that approximately Zi of the graduates would not meet minimum SAT requirements for six of the major universities in the State of Florida. Economic Development Data & Analysis 16 City Council Meeting 09/07/04 Figure 16 Who is Prepared for College? Students were classified in two-stage process. The initial classification was determined as follows: Very highly qualified: those whose highest value on any of the five criteria would put them among the top 10 percent of 4-year college students (specifically the NELS 1992 graduating seniors who enrolled in 4-year colleges and universities) for that criterion. Minimum values were GPA=3.7, class rank percentile=96, NELS test percentile=97, combined SAT=I 250, composite ACT=28. Highly qualified: those whose highest value on any of the five criteria would put them among the top 25 percent of 4-year college students (but not the top 10 percent) for that criterion. Minimum values were GPA=3.6, class rank percentile=89, NELS test percentile=90, combined SAT=I 11 0, composite ACT=25. Somewhat qualified: those whose highest value on any of the five criteria would put them among the top 50 percent (but not the top 25 percent, Le., in the second quartile) of 4-year college students for that criterion. Minimum values were GPA=3.2, class rank percentile=75, NELS test percentile=76, combined SAT=960, composite ACT=22. Minimally qualified: those whose highest value on any of the five criteria would put them among the top 75 percent (but not the top 50 percent, i.e., in the third quartile) of 4-year college students for that criterion. Minimum values were GPA=2.7, class rank percentile=54, NELS test percentile=56, combined SAT=820, composite ACT=19. Marginally or not qualified: those who had no value on any criterion that would put them among the top 75 percent of 4-year college students (Le., all values were in the lowest quartile). In addition, those in vocational Droarams laccordina to their hiah school transcriDt1 were classified as not colleae aualified. National Center for Education Statistics - Note 9: The College Qualification Index Access to Postsecondary Education for the 1992 High School Graduates Approximately % of the graduates of Palm Beach Gardens two public high schools are only “somewhat qualified” to attend university on a national standard. Figure 17 Top Ten Universities in United States SAT Scores for Admission 1 I 1. Harvard Universitv 11400-1570 I I Princeton Universitv 11380-1560 I 3. Yale University 1370 - 1560 1420 - 1560 5. Duke University 1320 - 1510 California Institute of Technology 1470 - 1580 Stanford University 1350 - 1540 University of Pennsylvania 1330 - 1500 9. Dartmouth College 1330 - 1520 1310 - 1480 Massachusetts Institute of Technology Washington University in St. Louis US News & World Reporf - 2004: America’s Best Colleges Collegeboard.corn: College Search, side-by-side comparison results Median SAT scores of public high schools in Palm Beach Gardens indicate that many graduates are not competitive for obtaining entrance into the ten top universities in the United States. Economic Development Data & Analysis 17 City Council Meeting 09/07/04 Palm Beach Gardens’ high school students enrolled in public schools fail to meet the national average on SAT scores, too. The College Board reported that the average math SAT score reached a 36-year high in 2003 with the average cumulative SAT score in the U.S. being 1,026. Source: CNN.com/2003€DUCA TION/08/26sat.scores.ap QUALITY OF LIFE BALANCE Quality of life issues weigh heavily into recruiting a company to a specific geographic region. As mentioned earlier, trends are shifting away from bedroom communities as people desire to live, play, learn, and work within a 15-25 minute commute. People, simply put, are weary of the stress that is induced by a long commute to and from work. Therefore, in optimal ci rcu mstances , plan ners and economic development professionals would consider all four critical elements in designing a sustainable community. The City of Palm Beach Gardens is in the enviable position to create a sustainable community that upholds the principles of live, play, learn, and work in The Gardens Science and Technology Community DRI. See Figure 18. As the applicant, the City has adopted a vision statement and philosophy that integrate sound economics and the cluster approach of economic development with quality-of-life issues that attracted The Scripps Research Institute to Palm Beach County. The City has adopted the following vision statement and philosophy for the Gardens Science and Technology Community DRI: To create a scientific village that combines the physical infrastructure and community support systems necessary to facilitate the exchange of intellectual knowledge and enable the efficient transfer of scientific theory to marketplace, while fostering strong community and family relationships to achieve a balanced quality of life. Analysis of critical growth management principles benchmarked against other internationally known scientific parks indicate that the City of Palm Beach Gardens can truly build a scientific village unlike any known in the world today. Building on the successes of other parks and addressing the elements that are lacking, the Gardens Science and Technology Satellite Community may incorporate lessons learned and be the international leader in scientific and research parks. See Figure 18. Taking the larger view of the project, the entire spectrum of live, learn, work, and play may be addressed in the City’s model. Understanding the interrelationship between social (live and play) and economic (learn and work) structures is paramount for quality of life issues as related to the business and residential community. Sound planning and building an entire village centered on the adopted “philosophy” enhances the economic opportunities for the City and integrity of the scientific community as a whole. Straying from the philosophy will diminish the project and not capture the bio-tech cluster as envisioned by economic development professionals and officials from The Scripps Research Institute during the recruitment process. Economic Development Data & Analysis 18 City Council Meeting 09/07/04 C 0 v) .- 5 - a 0 I- m u) s u1 s 0 2 C 2 VI s 0 2 C 2 C 2 C C U .- 5 u) s ul s VI s - u) s 0 c a, .- c 8 'ZI a! .w .- E 1 - a P w c m c VI s a 2 m The City of Palm Beach Gardens has adopted strict guidelines to preserve open space. All residential development must provide approximately 35% of land space as open space. This, too, has a huge impact on quality of life for our residents. See Figure 79. Figure 19 Land Density of Municipalities in PBC - People/Acre ;a i I City of Palm Beach Gardens - GIS Department, 2004 Reflecting one of the core values, Palm Beach Gardens enjoys open space within municipal boundaries. Not only does the City of Palm Beach Gardens seek to recruit and/or expand employers with a median salary of $47,272, but also develop strategies to create an environment that combines the live, play, learn, and work components in land development. It is only through carefully balancing these solid growth management principles with economic diversification that the City will shift from a traditional bedroom community to a sustainable municipality. Economic Development Data & Analysis 21 City Council Meeting 09/07/04 24A THE PALM BEACH POST FRIDAY, JULY 23,2004 - NO. 737780 CITY OF PALM BEACH GARDENS LOCAL PLANNING AGENCY NOTICE OF PI " HEARING PROPOSED co IE~ENSIVE LAND USE PLAN ~~ENDMENTS pp A1 PlEASE TAKE NOTICE that he bcd Planning Agmcy of the City of Palm Beach Gardens, Fbrida will conduct a Publ~ Hearing on August 3, 2004, at 630 m., or as soan (hereah as can be heard, at che Municii Con-$ex Building &Jot loso0 Norib Military Trail, Palm Beach Gardens, Flori regar ing: eat. A City-initiated request for he tranmiftd of amendmenk to the City's plan Capital lmprovementr M (CIE) dated primarily to the Garden5 hdagy Community Dev$opment of Regional Impact (DRI). Mic are invited ta attend and participate in said public hearing. Ai to he said pelitions maybe inrpeded by LpuMic in (hem bated at Ihe Muniapd Canplea BuiMi rough Friday, 8:OO a.m. .5:OO p.m., exc@%?&?sda TAKE NOW AND BE ADWSED that if any interested pody withes to appea hsari suA interested pA2Zinei a p-ings anc en-% a verbatim reco~d is made, iduding the teslimony and eviden~t ericans with Disabilities Ad md Sedion 286.26, &rid ities needing specid arrommodations in order to porticipah are entitled to he pmviim of certain assi*once ~ no cost. plea* iion made by the local PlaMing Wlh respectk an matterecsiderec office at 561 -799-41 22 M lalSr h 5 pri~ k (he M I rknos 1s quid. FM hwring impqired --,p dl he ~orida ~=$al wvirrbsn: XNI-955-8771 (TlBJ oc 800-9&-8770 W). > Dak Friday, hfy 23,2004 .? . \ * I.. ,. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: August 18,2004 Meeting Date: September 7,2004 Resolution 171,2004 Su bject/Agenda Item: Agreement for Professional Engineering and Surveying Services between the City of Palm Beach Gardens and LBFH, Inc. BACKGROUND: LBFH, Inc. was selected by City Council in 1979 to provide engineering services to the City on an as needed basis. LBFH currently employs approximately 180 persons and is assisting the City by providing a variety of skills and services in Growth Management, Public Works, Recreation, Administration, and with the Gardens Science and Technology Community. [XI Recommendation to APPROVE ] Recommendation to DENY Reviewed by: Growth Management City Attorney 4 Submitted by: L P Dana. City Engineer Approved by: City Manager Originating Dept.: Engineering Daniel P. Clark, P.E. City Engineer Advertised: Date: Paper: ] Not Required Affected parties [X ] Notified [ ] Not required Costs: $ NIA (Total) $ NIA Current FY Funding Source: [ ] Operating [X ] Other Budget Acct.#: Zouncil Action: : ]Approved : ]Approved wl conditions : ] Denied [ ] Continued to: Attachments: Resolution 171,2003 Agreement for Services [ ]None Page 2 of 2 Date Prepared: August 18,2004 Meeting Date: September 7,2004 Resolution 171,2004 STAFF RECOMMENDATION Staff recommends approval of Resolution 171,2004. G:\attomey-share\AGENDA SUMMARMStaff Report LBFH Contract 2005.doc Date Prepared: August 18, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 171,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT FOR PROFESSIONAL ENGINEERING AND SURVEYING SERVICES BETWEEN THE CITY OF PALM BEACH GARDENS AND LBFH, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the City of Palm Beach Gardens to enter into an agreement with LBFH, Inc. to provide professional engineering and surveying services; and WHEREAS, an Agreement for Professional Engineering and Surveying Services has been prepared and is attached hereto; and WHEREAS, the City Council has determined that adoption of this Resolution is 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 recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby accepts and approves the Agreement for Professional Engineering and Surveying Services between the City of Palm Beach Gardens and LBFH, Inc., and hereby authorizes the Mayor and City Clerk to execute the Agreement. SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) Date Prepared: August 18, 2004 Resolution 171, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED AND ADOPTED this day of ,2004. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABLl N VICE MAYOR RUSSO COUNCILMEMBER DELGADO COUNCILMEMBER LEVY AYE NAY ABSENT -- G:\attorney-share\RESOLUTlONS\LBFH contract approval 2005 - reso 171 2004.doc 2 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made this day of , 2004, by and between the City of Palm Beach Gardens, Florida (hereinafter referred to as CITY) and LBFH, Inc. (hereinafter referred to as CONSULTANT), a Florida corporation, located in Palm City, Florida. WHEREAS, it is necessary for CITY to obtain the services of a consulting engineer on a continuing basis; and WHEREAS, CONSULTANT represents it is capable and prepared to provide such services. NOW, THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 EFFECTIVE DATE The effective date of this Agreement shall be October 1, 2004. The term of this Agreement shall be for a period of one year, but may be terminated as provided herein. ARTICLE 2 SERVICES TO BE PERFORMED BY CONSULTANT 2.1 GENERAL CONSULTANT shall perform the Services as specifically stated in the Scope of Work, which is attached hereto and incorporated herein by reference as Exhibit A, and as may be specifically designated and authorized by CITY. 2.2 WORK AUTHORIZATION Such authorizations will be in the form of a Work Authorization. Each Work Authorization will set forth a specific Scope of Services, amount of compensation, a completion date, and shall be approved by the CITY Manager. ARTICLE 3 COMPENSATION 3.1 GENERAL As compensation for providing the Services enumerated in subsequent Work Authorizations, CITY shall pay CONSULTANT’S fees based on the rates stipulated in Exhibit B, attached hereto and incorporated herein by reference. 1 ARTICLE 4 INSURANCE During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance policies written by an insurance company authorized to do business in Florida: 4.1 General Liability Insurance with each occurrence limits of not less than One Million Dollars ($1 ,OOO,OOO), personal injury and advertising injury liability of not less than Three Hundred Thousand Dollars ($300,000), and general aggregate of not less than Three Hundred Thousand Dollars ($300,000). 4.2 Workers’ Compensation Insurance in accordance with statutory requirements and Employer’s Liability Insurance with limits of not less than One Million Dollars ($1,000,000) for each accident, not less than One Million Dollars ($1,000,000) for each disease, and not less than One Million Dollars ($1,000,000) aggregate. 4.3 ($1,000,000) annual aggregate. Professional Liability Insurance with limits of not less than One Million Dollars Deductible amounts shall not exceed fifteen percent (15%) of the total amount of required insurance in each category. Should any policy contain any unusual exclusion, said exclusions shall be so indicated on the certificate(s) of insurance. CONSULTANT shall furnish CITY certificates of insurance which shall include a provision that policy cancellation, non-renewal, or reduction of coverage will not be effective until at least thirty (30) days written notice has been made to CITY. CONSULTANT shall include CITY as an additional insured on the general liability policy required by this Agreement. CONSULTANT shall not commence work under this Agreement until all insurance required as stated herein has been obtained, and such insurance has been approved by CITY. ARTICLE 5 STANDARD OF CARE CONSULTANT represents to CITY that CONSULTANT is possessed of that level of skill, knowledge, experience, and expertise that is commensurate with engineering firms of national repute in the areas of practice required under this Agreement. CONSULTANT acknowledges that CITY has relied on CONSULTANT’S representations of skill, knowledge, experience, and expertise. By executing this Agreement, CONSULTANT agrees that CONSULTANT will exercise that degree of care, knowledge, skill, and ability as other engineers possessing the degree of skill, knowledge, experience, and expertise which CONSULTANT has claimed. CONSULTANT shall perform such duties as may be assigned without neglect. CONSULTANT accepts the relationship of trust and confidence established by this Agreement, and covenants with CITY to cooperate with CITY and to utilize 2 CONSULTANT’S best skill, efforts, and judgment commensurate with engineering firms of national repute in the areas of practice required for this Agreement. CONSULTANT agrees to perform each assignment in an efficient and economical manner consistent with the CITY’S interest. ARTICLE 6 IN DE M N I F I CAT10 N 6.1 GENERAL Having considered the risks and potential liabilities that may exist during the performance of the Services and in consideration of the promises included herein, CITY and CONSULTANT agree to allocate such liabilities in accordance with this Article 6. 6.2 INDEMNIFICATION CONSULTANT agrees to protect, defend, indemnify, and hold harmless CITY, its employees, and representatives from any and all claims and liabilities, including all attorney’s fees and court costs, including appeals, for which CITY, its employees, and representatives can or may be held liable as a result of injury to persons or damage to property occurring by reason of any negligent acts or omissions or willful misconduct of CONSULTANT, its employees, or agents arising out of or connected with this Agreement. CONSULTANT shall not be required to indemnify CITY or its agents, employees, or representatives when an occurrence results from the wrongful acts or omissions of CITY or its agents, employees, or representatives. 6.3 SURVIVAL Upon completion of all Services, obligations, and duties provided for in this Agreement or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive. ARTICLE 7 INDEPENDENT CONTRACTOR CONSULTANT undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of performance. CITY shall have no right to supervise the methods used, but CITY shall have the right to observe such performance. CONSULTANT shall work closely with CITY in performing Services under this Agreement. ARTICLE 8 COMPLIANCE WITH LAWS In performance of the services, CONSULTANT will comply with applicable regulatory requirements, including federal, state, special district, and local laws, rules, regulations, orders, codes, criteria, and standards. ARTICLE 9 SUBCONSULTING CITY reserves the right to accept the use of a subconsultant or to reject the selection of a particular subconsultant. If a subconsultant fails to perform or make progress as required by this Agreement and it is necessary to replace the subconsultant to complete the work in a timely fashion, CONSULTANT shall promptly do so, subject to acceptance of the new subconsultant by CITY. ARTICLE 10 FEDERAL AND STATE TAXES CITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request, CITY will provide an exemption certificate to CONSULTANT. CONSULTANT shall not be exempted from paying sales tax to its suppliers for materials to fulfill contractual obligations with the CITY, nor shall CONSULTANT be authorized to use CITY’S Tax Exemption Number in securing such materials. ARTICLE 11 AVAILABILITY OF FUNDS The obligations of CITY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Council of CITY. ARTICLE 12 CITY’S RES PONS I BI LIT1 ES CITY shall be responsible for providing information on hand required by CONSULTANT, including existing reports, studies, planning information, and other required data that are available in the files of CITY. ARTICLE 13 TERMINATION OF AGREEMENT This agreement may be terminated by either party, with or without cause, upon sixty (60) days’ written notice to the other party. Unless CONSULTANT is in breach of this Agreement, CONSULTANT shall be paid for Services rendered to CITY’S satisfaction through the date of termination. After receipt of a Termination Notice, and except as otherwise directed by CITY, CONSULTANT shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. C. Transfer all work in process, completed work, and other material related to the terminated work to CITY. 4 D. Continue and complete all parts of the work that have not been terminated. CONSULTANT shall be paid for Services actually rendered to the date of termination. ARTICLE 14 UNCONTROLLABLE FORCES Neither CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term “Uncontrollable Forces” shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to, fire, flood, earthquake, storm, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental action. Neither party shall, however, be excused from performance 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. 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 uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 15 GOVERNING LAW AND VENUE The laws of the State of Florida shall govern this Agreement. Any and all legal action necessary to enforce this Agreement will be held in Palm Beach County, and the Agreement will be interpreted according to the laws of Florida. ARTICLE 16 N 0 N -D I SC RI M I N AT1 0 N CONSULTANT warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, gender, age, or national origin. ARTICLE 17 WAIVER A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 5 ARTICLE 18 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement, and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent the entire Agreement from being void should a provision, which is of the essence of the Agreement, be determined to be void. ARTICLE 19 ENTIRETY OF AGREEMENT CITY and CONSULTANT agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters, or other communications between CITY and CONSULTANT pertaining to the Services, whether written or oral. None of the provisions, terms, and conditions contained in this Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 20 M 0 D I F I CAT1 0 N This Agreement may be modified only by a written amendment executed by both parties. ARTICLE 21 SUCCESSORS AND ASSIGNS CITY and CONSULTANT each binds itself and its partners, successors, assigns, and legal representatives to the other party to this Agreement and to its partners, successors, executors, administrators, assigns, and legal representatives. CONSULTANT shall not assign this Agreement without the express written approval of CITY via executed amendment. ARTICLE 22 CONTINGENT FEES CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. 6 ARTICLE 23 TRUTH-IN-NEGOTIATION CERTIFICATE Execution of this Agreement by CONSULTANT shall act as the execution of a truth-in- negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of this Agreement. The said rates and costs shall be adjusted to exclude any significant sums should CITY determine that the rates and costs were increased due to inaccurate, incomplete, or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. CITY shall exercise its rights under this “Certificate” within one (1) year following payment. ARTICLE 24 OWNERSHIP OF DOCUMENTS Any and all documents, records, disks, or other information produced or prepared by CONSULTANT pursuant to this Agreement shall become the property of CITY for any lawful use and/or distribution as may be deemed appropriate by CITY. ARTICLE 25 ACCESS AND AUDITS CONSULTANT shall maintain adequate records to justify all charges and costs incurred in performing the Services for at least three (3) years after completion of this Agreement. CITY shall have access to such books, records, and documents as required in this Article for the purpose of inspection or audit during normal working business hours at CONSULTANT’S place of business. ARTICLE 26 NOTICE Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: As to CITY As to CONSULTANT City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Attention: CITY Manager LBFH, Inc. 3550 SW Corporate Parkway Palm City, Florida 34990 Attention: Daniel P. Clark, P. E. Notices shall be effective when received at the addresses as specified above. Changes in the respective addresses to which such notice is to be directed may be made from time to time by either party by written notice to the other party. Facsimile transmission is acceptable notice effective when received: however, facsimile transmissions received (i.e., printed) after 500 p.m. or on weekends or holiday will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of CONSULTANT and CITY. ARTICLE 27 CONTRACT AD M I N I ST RAT ION Services of CONSULTANT shall be under the general direction of the CITY Manager or his designee, who shall act as CITY’S representative during the term of this Agreement. ARTICLE 28 KEY PERSONNEL CONSULTANT shall notify CITY in the event of key personnel changes which might affect this Agreement. Notification shall be made within ten (IO) days of said changes. The CITY has the right to reject proposed changes in key personnel. The following personnel shall be considered key personnel: Daniel P. Clark, P. E. ARTICLE 29 CONFIDENTIALITY No reports, information, computer programs, documentation, and/or data give to or prepared or assembled by CONSULTANT under this Agreement shall be made available to any individual or organization by CONSULTANT without prior written approval of CITY. ARTICLE 30 CONFLICT OF INTEREST CONSULTANT represents that it has provided a list of all current clients, which is attached hereto and incorporated herein by reference as Exhibit C, which are either subject to the jurisdiction of CITY or have an ongoing contractual relationship with CITY. CONSULTANT represents that the representation of these existing clients will not either directly or indirectly conflict in any manner with the performance of the Services under this Agreement. Any actual or potential conflict between existing clients and responsibilities under this Agreement shall be immediately brought to the attention of CITY. 8 During the term of this Agreement, CONSULTANT agrees not to provide Services for any developer, property owner, or other entity (other than those identified on Exhibit C) who has applied for or will be applying for a permit or other official sanction from CITY without the written consent of CITY. CONSULTANT shall promptly notify CITY in writing of all potential or actual conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence CONSULTANT'S judgment or quality of the Services. The notice shall identify the prospective business association, interest, or circumstance and the nature of work that CONSULTANT wants to undertake and request CITY'S response as to whether the association, interest, or circumstance would, in the opinion of CITY, constitute a conflict of interest if entered into by CONSULTANT. CITY agrees to notify CONSULTANT of its opinion within thirty (30) days of receipt of notification by CONSULTANT. If, in the opinion of CITY, the prospective business association, interest, or circumstance would not constitute a conflict of interest by CONSULTANT, CITY shall so state in its response, and the association, interest, or circumstance shall not be deemed to be a conflict of interest with respect to the Services. (The remainder of this page left intentionally blank) 9 IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement as of the day and year first above written. ATTEST: CITY OF PALM BEACH GARDENS By: By: Patricia Snider, City Clerk Eric Jablin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY 'Christine P. Tatum, City Afiorney WITNESSES: 1. CONSULTANT LBFH, INC. By: - (Corporate Seal) G:\attorney-shareWGREEMENTS\LBFH Agreement 2004-2005 - ENGINEERING SVCS.doc 10 EXHIBIT A SCOPE OF WORK A. B. C. D. E. F. G. H. I. CONSULTANT shall make its services available to CITY in a manner satisfactory to the City Manager and City Council. CONSULTANT will represent CITY in engineering matters, as directed by the City Manager or designee. CONSULTANT shall attend regular, special, or workshop meetings of the City Council and meetings of the CITY Advisory Boards as directed by the City Manager or designee. CONSULTANT shall make such technical investigations, as the City Manager or designee deems necessary, and submit its findings and recommendations to the City Manager or designee. CONSULTANT shall, as requested by the City Manager or designee, review land development applications submitted to CITY for compliance and consistency with applicable codes and make such recommendations as are necessary regarding engineering, surveying, and other technical matters. CONSULTANT shall, as directed by the City Manager, review the construction of capital improvements and site improvements by persons or entities other than CITY. CONSULTANT shall perform professional engineering services for design, preparation of construction plans and specifications, permitting, bidding, and services during construction for capital improvements undertaken by CITY. CONSULTANT shall assist CITY in dealing with issues of regulatory/permitting compliance, including occurrences of hazardous waste and pollution of natural resources within CITY’S jurisdiction. CONSULTANT shall provide support services to CITY for surveying and mapping, including Geographic Information Systems (GIs). EXHIBIT B TIME AND EXPENSE RATES The rates and charges shown below are used to calculate invoice amounts for services rendered on a Time and Expense basis . A . Personnel Hourly Billing Rates: Project Director .................................................................... $1 34.00 Sr . Client Service Manager .................................................. $128.00 Client Service Manager ....................................................... $107.00 Sr . Project Engineer ............................................................. $107.00 Project Engineer V ............................................................... $10 5.00 Project Engineer IV ............................................................... $ 94.00 Project Engineer Ill ............................................................... $ 88.00 Project Engineer II ................................................................ $ 82.00 Project Engineer I ................................................................. $ 76.00 Designer ............................................................................... $ 85.00 Sr . Designer ........................................................................... $91 . 00 Survey Client Service Manager ............................................ $ 96.00 Sr . Professional Surveyor & Mapper ..................................... $91 . 00 Professional Surveyor & Mapper .......................................... $ 80.00 Engineering & Survey Technician II ...................................... $ 74.00 Engineering & Survey Technician I ....................................... $ 64.00 Sr . Field Representative ....................................................... $91 . 00 Field Representative II .......................................................... $ 74.00 Field Representative I ........................................................... $ 59.00 Survey Crew ........................................................................ $107.00 GPS Equipment .................................................................... $ 38.00 Administrative Support .......................................................... $ 38.00 B . Outside contractual services secured by CONTRACTOR on CITY'S behalf shall be reimbursed at 103% of CONTRACTOR'S cost . EXHIBIT C CLIENT LIST Palm Beach County Northern Palm Beach County Improvement District Seacoast Utility Authority Kolter Development Corp. Watermark Communities, Inc. Florida Department of Transportation The Gables Centex Homes Tech Village Partners II - + >..' 334267379 373733191 . .. TOTAL P.@