The URL can be used to link to this page

Home My WebLink AboutAgenda Council Agenda 090804City of Palm Beach Gardens Council Agenda Emergency Meeting September 7, 2004 September 8, 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 Emergency Meeting September 7, 2004 7:30 P.M. September 8, 2004 5:00 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 7)_Approve Minutes from August 5, 2004 regular City Council meeting. b. (Page 17)_Approve Minutes from August 16, 2004 Joint City Council meeting with the Town of Lake Park. c. (Page 20)_Approve Minutes from August 18, 2004 Special Meeting. d. (Staff Report on Page 24, Resolution on Page 26)_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 47, Resolution on Page 49)_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. f. (Staff Report on Page 58, Resolution on Page 60)_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. 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. The advertisement was published on August 23rd. Due to advertising requirements, this item must be rescheduled and re-advertised before Council action can be taken. Additionally, individual notices will need to be re-sent to all residents. Approximate Cost: $243.00 for legal ad and $813.28 for individual mailings to 184 residents. b. Ordinance 26, 2004 – (1st Reading) An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending ordinance 10, 1999 relating to the Village Square Professional Park Phase II Planned Unit Development to transfer the master plan approval and related conditions to a separate Resolution; and providing an effective date. Resolution 164, 2004 is a companion item to Ordinance 26, 2004 and will require Council action only on second reading. Resolution 164, 2004 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Village Square Professional Park Phase II Planned Unit Development (PUD) located on the West side of Prosperity Farms Road South of its intersection with RCA Boulevard, as more particularly described herein; providing for waivers; providing for conditions of approval; and providing an effective date. c. Resolution 172, 2004 – Palm Beach Gardens Medical Pavilion Sign Waiver. A Resolution of the City Council of the City of Palm Beach Gardens, Florida providing for approval of a waiver from City Code Section 78-285, permitted signs, to allow for the installation of a principal tenant sign on the third floor at the Palm Beach Gardens Medical Pavilion, which is located within the Regional Center Planned Community District, ½ of a mile West from the Intersection of PGA Boulevard and Alternate A1A, as more particularly described herein; providing for a waiver; and providing an effective date. Part II – Non-Quasi a. 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. The required 14-day advertisement was published on August 24th. A new 14- day legal advertisement will need to be published at a cost of $189.00. Due to advertising requirements, this item must be rescheduled and re-advertised before Council action can be taken. b. 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. The required 14-day advertisement was published on August 24th. A new 14- day legal advertisement will need to be published at a cost of $189.00. Due to advertising requirements, this item must be rescheduled and re-advertised before Council action can be taken. c. 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. Notice of this hearing was furnished to all of the residents of Palm Beach Gardens on their TRIM Notice. City staff is communicating with the State Department of Revenue and the Palm Beach County Property Appraisers Office to determine the necessary remedial advertising necessitated by the failure to hold this meeting on September 7th due to lack of quorum. State law requires that the 1st reading of the budget be between September 3rd and September 18th. It will therefore be necessary to re-schedule a meeting prior to September 18th, which meeting date cannot be held on September 16th or September 17th due to scheduling conflicts with the County and School Board. Cost of remedial advertising is undetermined but will be at least $650.00 for the display ad. d. 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. This comprehensive plan amendment was advertised as a display ad on August 23rd at a cost of $650.00 and will need to be re-advertised at least 7 days prior to the rescheduled meeting. If this transmittal hearing is not held prior to the end of September, it will not be possible for this amendment to be considered until calendar year 2005, due to statutory restrictions on comprehensive plan amendments. THE MINIMUM COST OF RE-ADVERTISING ALL OF THE ABOVE IS $2,734.28 X. RESOLUTIONS: a. Moved to Consent Resolution 171, 2004 – Agreement for Professional Engineering and Surveying Services between the City of Palm Beach Gardens and LBFH, Inc. b. (Staff Report on Page 76, Resolution on Page 78)_Resolution 198, 2004 – a resolution of the City Council of the City of Palm Beach Gardens, Florida postponing the run-off election date to fill the vacancy in Council seat # 1 from September 14, 2004 until November 2, 2004; and providing an effective date. It is urgent that the run-off election date be modified prior to Friday, September 10th. As of September 8th, staff is aware of at least 6 polling locations that are unavailable or availability cannot be confirmed. Additionally, with major power outages and lack of phone service throughout the City, it is not possible to make contact with the 115 poll workers. Additionally, the voting equipment has not yet been picked up by the SOE to be recalibrated in time for a September 14th run-off election. There are several constraints with regard to rescheduling the election. It is likely that the voting machines will not be available for use by the City due to the L & A testing that must be performed by the SOE in preparation for the November 2nd General Election. As a result, it would then become necessary for the City to design and utilize an alternative voting method such as paper ballots. Rescheduling the run-off election to November 2nd will eliminate the need to use an alternative voting method and will save approximately $30,000, which could be better used toward the disaster recovery process caused by Hurricane Frances. The City has incurred a cost of $3,200.00. $2,200.00 for the required publication of election notices in the Palm Beach Post and $1,000.00 for the required publication of the election notices in LaPalma, which is the Spanish version required by law. XI. ORDINANCES: (For Consideration on First Reading) a. (Staff Report on Page 80, Ordinance on Page 82)_Ordinance 40, 2004 - An Ordinance Of The City Council Of The City Of Palm Beach Gardens, Florida, Relating To The Construction, Reconstruction And Repair Work On Structures Damaged By Hurricane Frances; Authorizing The City Manager To Implement Necessary Modifications To The Building Permit Process; And Providing An Effective Date. The building division anticipates that an extraordinary number of building permits will be necessary to accomplish repairs and reconstruction of structures damaged in the hurricane. This emergency ordinance will authorize the City Manager to take whatever steps necessary to modify the building permitting process to ensure the timely, efficient, and safe recovery efforts in the City. XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. Rescheduling the Regular City Council Meetings for the month of September. In order to adopt the City’s budget for fiscal year 2004-2005, it will be necessary to have 2 meetings prior to the end of September. Due to advertising requirements, it will not be possible to utilize the previous meeting date of September 21st. It will have to be cancelled; it is therefore, necessary to schedule a regular meeting on either September 14th or September 15th and another regular meeting on September 28th. 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 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.@ CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: September 7,2004 Meeting Date: September 7,2004 Resolution 198,2004 SubjecVAgenda Item: Resolution 198,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA POSTPONING COUNCIL SEAT # 1 FROM SEPTEMBER 14,2004 UNTIL NOVEMBER 2,2004; AND PROVIDING AN EFFECTIVE DATE. THE RUN-OFF ELECTION DATE TO FILL THE VACANCY IN ~ [ X ] Recommendation to APPROVE I ] Recommendation to DENY Reviewed by: Submitted by: Department Director Approved by: w= City Manager Originating Dept.: 1 City Clerk Advertised: Date: Paper: [ x ] Not Required Affected parties [ ] Notified - [ x ] Not required costs: $ Savings of $30,000 (Total) $- Current FY Funding Source: [ ]Operating [ 3 Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved w/ conditions [ ] Denied [ 3 Continued to: Attachments: [ ]None Date Prepared: September 7,2004 Meeting Date: September 7,2004 Resolution: 198,2004 0 BACKGROUND: Hurricane Frances has impacted the ability of the City to conduct the special Run-Off election scheduled for September 14, 2004. At lease one city polling place is unusable. The voting machines have not yet been picked up by the Supervisor of Elections Office for recalibration, and it is not feasible that this would be accomplished by September 14, 2004. Numerous poll workers are still without power or telephone service and cannot be reached to confirm their attendance on Election Day. Rescheduling until the general election on November 2,2004 will result in a savings of approximately $30,000 to the City. STAFF RECOMMENDATION: Staff recommends approval of Resolution 198,2004. 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 Date Prepared: September 7,2004 RESOLUTION 198,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM ELECTION DATE TO FILL THE VACANCY IN COUNCIL SEAT # 1 FROM SEPTEMBER 14, 2004 UNTIL NOVEMBER 2, 2004; AND PROVIDING AN EFFECTIVE DATE. BEACH GARDENS, FLORIDA POSTPONING THE RUN-OFF WHEREAS, a Special Election was held on August 31, 2004 to fill the vacancy in Council Seat #I; and WHEREAS, no candidate received a majority of the votes in the August 31, 2004 election, thus necessitating a run-off election; and WHEREAS, Resolution 188, 2004 provided that such run-off election would be held on September 14,2004; and WHEREAS, the impacts of Hurricane Frances have made it impossible to conduct such run-off election; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. A City Special Run-Off Election shall be held on Tuesday, November 2, 2004, to elect a candidate to the City Council of the City of Palm Beach Gardens for the unexpired term of David Clark, who has resigned therefrom. SECTION 3. The City Clerk is authorized and directed to comply with all notice and ballot requirements and coordinate said elections under the Palm Beach County Supervisor of Elections. SECTION 4. This Resolution shall become effective immediately upon adoption. Date Prepared: September 7,2004 Resolution 198, 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 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 AYE VOTE: - MAYOR JABLIN VICE MAYOR RUSSO COUNCILMEMBER DELGADO COUNCILMEMBER LEVY - NAY ABSENT 2 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: September 7,2004 Meeting Date: September 7,2004 Ordinance 40,2004 SubjectlAgenda Item: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, RELATING TO THE CONSTRUCTION, RECONSTRUCTION AND REPAIR WORK ON STRUCTURES DAMAGED BY HURRICANE FRANCES; AUTHORIZING THE CITY MANAGER TO IMPLEMENT NECESSARY MODIFICATIONS TO THE BUILDING PERMIT PROCESS; AND PROVIDING AN EFFECTIVE DATE. [ X ] Recommendation to APPROVE 1 ] Recommendation to DENY Reviewed by: City Attorney Submitted by: Department Director I CitdMinager / Originating Dept.: ;:;e ices Advertised: Date: Paper: [ x ] Not Required Affected parties [ ] Notified [ x ] Not required costs: $ (Total) $- Current FY Funding Source: [ ] Operating [ ]Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: [ ]None Date Prepared: September 7,2004 Meeting Date: September 7,2004 Ordinance 40,2004 BACKGROUND: The Community Services Department anticipates an extraordinary number of building permits will be required to be issued during the next several weeks as damage has been initially estimated in the $10 to $30 million dollar range. This Emergency Ordinance authorizes the City Manager to make any necessary adjustments to the building permit process to ensure a timely and safe reconstruction process. I 0 STAFF RECOMMENDATION: Approval of Ordinance 40,2004. 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 Date Prepared: September 8, 2004 EMERGENCY ORDINANCE 40,2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RELATING TO THE CONSTRUCTION, RECONSTRUCTION, AND REPAIR WORK ON STRUCTURES DAMAGED BY HURRICANE FRANCES; AUTHORIZING THE CITY MANAGER TO IMPLEMENT NECESSARY MODIFICATIONS TO THE DEVELOPMENT REVIEW AND BUILDING PERMIT PROCESS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens has been hit by a category 2 hurricane, resulting in a vast destruction or damaging of buildings, both residential and commercial; and, WHEREAS, services to the City residents, utility and otherwise, have been disrupted; and , WHEREAS, it is in the public interest and for the safety of the community, that reasonable accommodations be made to the development review and building permitting process to assure that construction, reconstruction and repairs will be conducted and completed in a timely and safe manner; and WHEREAS, Palm Beach County has been declared a disaster area by the Governor of the State of Florida, and a State of Emergency exists in the City; 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 D BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The City Manager is empowered to implement such modifications as he may deem necessary to the development review and building permitting process to accommodate the safe and efficient repair and reconstruction of structures damaged by H u rricane Frances. SECTION 2. This Ordinance 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: September 8,2004 Emergency Ordinance 40,2004 PASSED AND ADOPTED this day of , 2004, upon first reading as an emergency ordinance. CITY OF PALM BEACH GARDENS 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 FOR AGAINST PgSacT Christine P. Tatum, City Attorney \\Pbgsfile\Attorneyiattorney_share\ORDiNANCES\Emergency Construction Ordinance light final.doc 2 t JE” City of Palm Beach Gardens Emergency Meeting r 3084 September 8,2004 ‘7L (/Mayor Jablin Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 /Vice Mayor Russo $( Council Member Delgado +/ Council Member Levy Y . L II. Iv. V. VI. CITY OF PALM BEACH GARDENS Emergency Meeting September 8,2004 500 P.M. PLEDGE OF ALLEGIANCE ROLL CALL ADDITIONS, DELETIONS. MODIFICATIONS ANNOUNCEMENTS / PRESENTATIONS ITEMS OF RESIDENT INTEREST CITY MANAGER REPORT VIL COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, phse submit reauest form to the Citv Clerk Drior to this Item) VIII. CONSENT AGENDA a. b. C. d. JPape 7) Approve Minutes fiom August 5,2004 regular City Council meeting. JPaPe 17) Approve Minutes fiom August 16, 2004 Joint City Council meeting with the Town of Lake Park. JPage 20) Approve Minutes fiom August 18,2004 Special Meeting. JStaff Report on Page 24, Resolution on PaPe 26) 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. Ix. e. f. JStaff Report on Pape 47, Resolution on Pape 49) 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, fiom Vision Drive to Hickory Drive, City Project No. 2003-007/Sotrm-Water System Improvements, Phase III; and providing an effective date. (Staff ReDort on Page 58, Resolution on PaPe 60) 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. PUBLIC HEARINGS: Part I - Quasi - a. b. e. .. e3d. Due to advertising requirements, this item must be rescheduled and re-advertised before Council action can be taken. Additionally, individual notices will need to be resent to all residents. Approximate Cost: $243.00 for legal ad and sS13.28 for individual mailings to 184 residents. 7 C. Part II - Non-Ouasi a. b. C. .. $ A new 14- day legal advertisement will need to be published at a cost of $189.00. Due to advertising requirements, this item must be rescheduled and re-advertised before Council action can be taken. ¶ > ¶ The required 144ay advertisement was published on August 24'h. A new 14- day legal advertisement will need to be published at a cost of $189.00. Due to advertising requirements, this item must be rescheduled and re-advertised before Council action can be taken. Notice of this hearing was furnished to all of the residents of Palm Beach Gardens on their TRIM Notice. City staff is communicating with the State Department of Revenue and the Palm Beach County Property Appraisers Office to determine the necessary remedial advertising necessitated by the failure to hold this meeting on September 7* due to lack of quorum. State X. d. law requires that the 1" reading of the budget be between September 3rd and September 18*. It will therefore be necessary to re-schedule a meeting prior to September 18*, which meeting date cannot be held on September 16'h or September 17& due to scheduling conflicts with the County and School Board. Cost of remedial advertising is undetermined but will be at least !S650.00 for the display ad. This comprehensive plan amendment was advertised as a display ad on August 23d at a cost of $650.00 and will need to be re-advertised at least 7 days prior to the rescheduled meeting. If this transmittal hearing is not held prior to the end of September, it will not be possible for this amendment to be considered until calendar year 2005, due to statutory restrictions on comprehensive plan amendments. THE MINIMUM COST OF RE-ADVERTISING ALL OF THE ABOVE IS $2,734.28 RESOLUTIONS: a. b. Moved to Consent Resolution 171, 2004 - Agreement for Professional Engineering and Surveying Services between the City of Palm Beach Gardens and LBFH, Inc. [Staff ReDort on Pape 76, Resolution on Page 78) Resolution 198, 2004 - a resolution of the City Council of the City of Palm Beach Gardens, Florida postponing the run-off election date to fill the vacancy in Council seat ## 1 fiom September 14,2004 until November 2,2004; and providing an effective date. It is urgent that the run-off election date be modified prior to Friday, September 10". As of September 8", staff is aware of at least 6 polling locations that are unavailable or availability cannot be confirmed. Additionally, with major power outages and lack of phone service throughout the City, it is not possible to make contact witb the 115 poll workers. Additionally, the voting equipment has not yet been picked up by the SOE to be recalibrated in time for a September 14'h run-off election. There are several constraints with regard to rescheduling the election. It is likely that the voting machines will not be available for use by the City due to the L & A testing that must be performed by the SOE in preparation for the November 20d General Election. As a result, it would then become necessary for the City to design and utilize an alternative voting method such as paper ballots. Rescheduling the run-off election to November 20d will eliminate the need to use an alternative voting method and will save approximately %3O,OOO, which could be better used toward the disaster recovery process caused by Hurricane Frances. The City has incurred a cost of $3,200.00. $2,200.00 for the required publication of election notices in the Palm Beach Post and $1,OOO.00 for the required publication of the election notices in LaPalma, which is the Spanish version required by law. XI. ORDINANCES: (For Consideration on First Reading) a. 'staff ReDort on P linanc nl ,e 82) Ordinance 40, 2004 - An drdinance Of The City ~ouncii Of The City VI 2alm Beach Gardens, Florida, Relating To The Construction, Reconstruction And Repair Work On Structures Damaged By Hurricane Frances; Authorizing The City Manager To Implement Necessary Modifications To The Building Permit Process; And Providing An Effective Date. The building division anticipates that an extraordinary number of building permits will be necessary to accomplish repairs and reconstruction of structures damaged in the hurricane. This emergency ordinance will authorize the City Manager to take whatever steps necessary to modify the building permitting process to ensure the timely, efficient, and safe recovery efforts in the City. ^^ XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. Rescheduling the Regular City Council Meetings for the month of September. In order to adopt the City's budget for fiscal year 2004-2005, it will be necessary to have 2 meetings prior to the end of September. Due to advertising requirements, it will not be possible to utilize the previous meeting date of September 21". It will have to be cancelled; it is therefore, necessary to schedule a regular meeting on either September 14th or September @& 3-0 ?la\ -4 I-J and another regular meeting on September 28&. Xm. CITY ATTORNEY REPORT: XIV. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with distrbilifies ndng special accommodatw ns to participate in this proceeding should eo- the City CIerR 's Depmhnent, no later than 5 @ prior to the proceeding at telephone number (561) 799-4120 for assistance; if hearing impaired, tecephone the F'l0di.z Relay Service Numbers (800) 955-8771 (T.DD) or (800) 955-8770 (VOICE), for assistance If a person decides to appeal any decision made by the Council, with respect to any matter colssidered at such meeling or hearing, they will need a record of the pmdngs, and for such puTose, they may need to ensure thal a verbatim record of the procee&gs 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 Joint Council Agenda Palm Beach Gardens and Lake Park To Be Considered for October 7,2004 Mayor Jablin Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 I L Vice Mayor Russo Council Member Delgado Mayor Castro Vice Mayor Balius Commissioner Garretson Commissioner Carey Council Member Levy Commissioner Daly i I. 11. ROLL CALL City of Palm Beach Gardens Joint Council Agenda Palm Beach Gardens and Lake Park October 7,2004 7:OO P.M. PLEDGE OF ALLEGIANCE III. COMMENTS FROM THE PUBLIC: mor Items Not on the Agenda. Dlease submit reauest form to the Citv Clerk Drior to this Item) N. PUBLIC HEARING The Interlocal Agreement between the City and the Town requires that action be taken at a joint meeting of both bodies. On August 16, 2004, the City Council established September 7, 2004, for the public hearing. Advertisements were published on August 23, 2004, at a cost of $650.00. Individual notices were also mailed to adjoining property owners. On September 7, 2004 the Town Council opened their public hearing and postponed the matter until October 7, 2004. Because the City Council meeting could not be opened due to a lack of a quorum the City must re-advertise and re-notice this petition. PART I - QUASI-JUDICIAL a. 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, fiom 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 49-08-04a is a companion item to Ordinance 16, 2004 and will require Council action at second reading. , b. Resolution 49-OS-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 131,839 square foot retail center on a 10.83 acre portion of a 19.12 acre site generally located at the Southeast comer 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 (2" Reading and Adoption) - 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 comer of Northlake Boulevard and Congress Avenue, which lies within the municipal boundaries of the City of Palm Beach Gardens, as described more particularly herein, fiom a zoning designation of Research and Light Industrial Park (Ml) to Planned Unit Development (PUD) overlay with an underlying zoning district of General Commercial (CG-1); and providing an effective date. Resolution 135,2004 and Resolution 136,2004 are companion items to Ordinance 30,2004 and will require Council action. 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 comer 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 131,839 square- foot retail building; providing for waivers; providing for conditions of approval; and providing an effective date. Resolution 136,2004 - Agreement for Payment of Fees in Lieu of Impact Fee. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement between Target Corporation, a Minnesota Corporation, and the City of Palm Beach Gardens relating to a payment in lieu of impact fees for a parcel of land located at the Southeast comer of Northlake Boulevard and Congress Avenue, as more particularly described herein; and providing an effective date. THE CITY COUNCIL AND TOWN COMMISSION WILL VOTE SEPARATELY AT THE CONCLUSION OF THE HEARING. PURSUANT TO INTERLOCAL AGREEMEm, THE CITY OF PALM BEACH GARDENS AND TOWN OF LAKE PARK WILL CONSIDER THE NORTHLAKE SQUARE WEST DEVELOPIWW ORDER AT A JOINT IWETING. I V. 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 Depadment, no later than 5 days prior to the proceeding at telephone number (561) 7996120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8770 (VOICE),fbr assistance. gaperson decides to appeal any decision made by the Council, with respect any matter considered at such I . . 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.